Item H06BOARD 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 I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
December 14, 2016
Agenda Item Number: H.6
Agenda Item Summary #2417
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Mayte Santamaria (305) 289-2500
n/a
AGENDA ITEM WORDING: Approval of an Interlocal Agreement (ILA) between Monroe
County and City of Marathon transferring 23 low income, 3 very low income, and 20 moderate
income (46 total) Affordable Housing ROGO Allocations from Monroe County to the City of
Marathon. This ILA is proposed by HTG Crystal Cove Resort, LLLP, for a project that proposes
developing 46 new affordable housing units and is applying for state low income housing tax credits
(LIHTC).
ITEM BACKGROUND:
Interlocal Agreement (ILA) request from the City of Marathon for 46 affordable housing allocations.
The ILA states this is for a project known as HTG Crystal Cove Resort, LLLP and that the project is
comprised of twenty-three (23) low-income category, three (3) very -low income category and
twenty (20) moderate income affordable housing units.
This request is for a project seeking low income housing tax credit (LIHTC) funding.
The Interlocal agreement proposes approval of the transfer of Affordable Housing ROGO
Allocations to the City of Marathon, contingent on the 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 FY16-17 or FY 17-18
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 shall revert to Monroe
County.
The ILA is scheduled for review and consideration by the City of Marathon Council on December
13, 2016. The DRAFT ILA is attached.
The Marathon City Council has approved the project pursuant to Resolutions 2016-71 (Conditional
Use Permit authorizing the development of a 28 unit RV Park, 46 affordable units and 7,700SF of
commercial retail) & 2016-72 (Development Agreement authorizing the development of a 28 unit RV
Park, 46 affordable units and 7, 700SF of commercial retail). HTG Crystal Cove holds entitlements
H.6
to 34 transient units, 1 market rate unit and 1,663 SF of commercial space.
The request is for following properties:
September 2015, the BOCC approved two ILAs with the City of Marathon providing 82
affordable allocations to the City for the development of new affordable housing (Project 1 —
Anchorage Homes was 32 low income and 4 very low income and Project 2 — Vaca Bay Seniors
was 41 low income and 5 very low income). These previous ILAs 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.
The previous and the new County Comprehensive Plan and Code provide a mechanism to allow
the transfer of affordable housing allocations between government jurisdictions within the
Florida Keys Area of Critical State Concern.
Relevant Comprehensive Plan and Land Development Code provisions are provided below.
Policy 101.3.10
Notwithstanding any other provision of the Plan, ROGO allocations utilized for affordable housing
projects may be pooled and transferred between ROGO subareas, excluding the Big Pine/No Name Keys
ROGO subarea, and between local government jurisdictions within the Florida Keys Area of Critical
Packet Pg. 899
State Concern (ACSQ. Any such transfer between local government jurisdictions must be accomplished
through an interlocal agreement between the sending and receiving local governments.
Section 130-161(g):
Interlocal affordable rate ofgrowth allocation agreements.
The board of county commissioners may authorize interlocal agreements between the county and the
cities of Marathon, and Key West, and Islamorada, Village of Islands for the purpose of sharing
residential rate of growth affordable housing allocations. The interlocal agreements may be based upon a
specific project proposal within one or more jurisdictions or may be for a specific allocation of units on
an annual basis, from the county to a municipality or from a municipality to the county. All allocations
made available to a jurisdiction must meet the applicable affordable housing requirements of the
receiving jurisdiction's land development regulations and affordable housing ordinances.
Florida Statutes, Section 163.01, et seq., Florida Interlocal Cooperation Act of 1969:
It is the purpose of this section to permit local government units to make the most efficient use of their
powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to
provide services and facilities in a manner and pursuant to forms of governmental organization that will
accord best with geographic, economic, population, and other factors influencing the needs and
development of local communities.
As provided for the December 61' BOCC Special Meeting to discuss affordable housing
recommendations, the presentation is attached which includes the current affordable housing ROGO
balance and an outline of the affordable housing projects in the pipeline. Requests from the
government jurisdictions will need to be balanced with the affordable housing projects in pipeline
within unincorporated Monroe County and the BOCC will determine if additional sharing of
allocations is appropriate.
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
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:
n/a
STAFF RECOMMENDATION: The BOCC has previously approved ILAs and discussed
providing a priority to projects providing new affordable housing units for the lower income groups
and which leverage state financial support (tax credits) so that the supply of affordable housing units
is increased within the income groups most at need. If the BOCC chooses to maintain this priority,
then this ILA is recommended as it creates new units and leverages state funding.
DOCUMENTATION:
ILA_Crystal Cove
City Resolution 2016-71CUP Crystal Cove
City Resolution 2016-72 Dev Agreement Crystal Cove
Monroe County ROGO balance and projected Affordable Housing projects
City of Marathon Affordable Projects_provided 11-29-16
County Attorney Memo on ILAs with Marathon transferring Affordable Housing ROGOs (12 5 16)
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: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Mayte Santamaria Completed
Assistant County Administrator Christine Hurley
11/29/2016 2:05 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 5:28 PM
Completed
11/29/2016 4:01 PM
11/29/2016 4:20 PM
11/21/2016 6:40 PM
11/21/2016 6:40 PM
11/29/2016 4:24 PM
11/29/2016 4:57 PM
12/14/2016 9:00 AM
This Agreement ("Agreement") is made and entered into this — day 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").
TNESSET:
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. 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
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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
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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 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
FY 16-17 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. NOTIIF"ICATION: The City of Marathon shall (1) Immediately notify
Monroe County of any assignment(s) and successor(s) in interest or title to HTG Crystal
Cove Resort, LLLP's interest(s) in the affordable housing ROGO allocation contemplated
herein, and (2) 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 Pen -nit 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
1100 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
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Attn: County Attorney
Subject: City of Marathon Interlocal Agreement
P.O. Box 1026
Key West, FL 33040
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 y person, and it is expressly understood that upon a determination
by a court of competent jurisdiction that discrimination has occurred, this Agreement
. WE
automatically terminates without any further action on the part of any party, effective the
date of the count 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 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 htxiocal
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
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meaning to those terms which limited the County's responsibility or liability.
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 conjunction with this Agreement.
Section 16. NON -RELIANCE BY T -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 thepurposes 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 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 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 1.026
Key West, FL 33040
C?Iaffi]
Thomas D. Wright, Esq.
Law Offices of Thomas D. Wright, Chartered
9711 Overseas Highway
Marathon, FL 33050
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
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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.
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.
(SEAL)
ATTEST: AMY HEAVILIN, CLERK
By: _
Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor
Date:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
By:
Assistant County Attorney
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MONROE COUNTY ATTORNEY
APPROVED AS T RAq:
EVEN T. �VLLI MS
ASSISi'AN•f COU TY TTORNEY
Date 4
ATTEST:
Bv:
DIANE CLAVER
City Clerk
(City Seal)
APPROVED AS TO FORM AND
LEGALITY FOR THE USE AND
RELIANCE OF THE CITY OF
MARATHON, FLORIDA ONLY:
Bv:
David Migut, City Attorney
THE CITY OF MARATHON, FLORIDA
By:
Mayor
Date:
9 of 10
E.KMIT "A"
LEGAL DESCRIPTION
Lots 5 and 6 of TILDMIpsan and Adams Subdivision of Oovernment 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-Footright-of-way ofOldStaie Highway 4A lying inuacdiately Southof Lot 5 of
Thompson and Adams Subdivision according to the plat thereef recorded iaPlat Book2, Page 24, of
the Public Records 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 'East, and being more particularly described by metes and bounds as
follows:
Commencing at the intersection of the East line of Section W, Township 66 Suuth, ltenga 32 East,
and the northwesterly right-of--wayline of Old State MghwayNo. 4A. Bear southwesterly along the
northwesterly right•of-way line of Old State Highway No. 4A for a distance of 734.09 that to the
Southeast corner of said Lot 5; thence b=North along the East line of Lot 5 for a distance of 889.77
a 6 L feet to the point of begianIng of the parcel of bay bottom landheminafter described, from said point
of beginning, continue bearing North along the East line of Lot 5, extended, for adistaace 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, oxtoaded North, thcaca bear South along the West line of lot 5, extended North, fora distance
of 270 feet, more or less, to a point on rho shoreline, thence meander the shoreline in a southerly and
northeasterly direction for a distance of 220 foot, more or less, back 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 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 Soud-4 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, Scc;tion 10, Township 66
South, hinge 32 East as per plat thereof in Plat Book 2, Page 24, of the Public Records of Monroe
n County, Florida, as and for the point of beginning of the property to be described. Run thence North
d1 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. at a point where
it intersects the Eastern boundary of said Lot 6; thence meander said M.H.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 Bookl, Paga
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 9,10, 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 pawal of bay bottom land in Section 10, Township 66 South, Range 32 Emt, North of and adjacent
to Key Voca described as: Com=ncing at the Section corner common to Sections 2, 3, 10 and 1 I of
Township 66 South, Range 32 'East; thence South along the section lino common to Sections 10 and
11, 1631.62 feet to the Ncrthedy right of way line of Old State Highway 4A, as existing July 25,
Q 1954; thence South 74020100" West, 539.93 feet along said Northerly rightofway be; thence North
b] 1083.2 feet, more or less, to the M.H.W.L. of the Gulf of Mexico, the Point of Beginning; thence
oontinuing North along sold Line, extended into the waters of the Gulf of Mexico,100 feet, more or
less; thence at aright angio and West,186.94 feet; die= 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 Fi.
CuttLss properties; theneemeaadedng saldM.RW.L. In an Easterly aadNortherly dirocgoa325 feet,
more or less, to the Point of Beginning.
Sponsored by: Lindsey
CITY OF MARATHON, FLORIDA
RESOLUTION 2016-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MARATHON, APPROVING A REQUEST BY HTG CRYSTAL COVE
RESORT, LLLP FOR A CONDITIONAL USE PERMIT PURSUANT TO
CHAPTER 102, ARTICLES 13 OF THE CITY OF MARATHON LAND
DEVELOPMENT REGULATIONS (LDRS) ENTITLED "CONDITIONAL
USE PERMITS," AUTHORIZING THE DEVELOPMENT OF A TWENTY-
EIGHT (28) UNIT RV PARK, FORTY-SIX AFFORDABLE HOUSING
UNITS, AND 7,700 SQUARE FEET OF COMMERCIAL RETAIL ON
PROPERTIES LOCATED AT AND ADJACENT TO 4900 OVERSEAS
HIGHWAY; REAL ESTATE NUMBERS 00327150-000000, 00327910-000000,
00327920-0000001 00327990-000000, 00328000-000000, 00328010-000000,
00328020-000000, AND 00328030-000000. NEAREST MILE MARKER 50
WHEREAS, HTG Crystal Cove, LLLP., (The "Applicant") filed an Application on June 30,
2016 for a Conditional Use Permit and Development Agreement pursuant to Chapter 102, Articles
13 of the City of Marathon Land Development Regulations (LDRs); and
WHEREAS; the Applicant proposes to develop twenty-eight (28) RV, forty-six (46)
workforce and affordable housing residential units, and 7,700 square feet of commercial space; and
WHEREAS, City staff reviewed the Applicant's request for a Conditional Use Permit
determining that the Applicant's project proposal was in compliance with the City's Comprehensive
Plan and Land Development Regulations (LDRs) and further that there was no substantial impact on
the City's Level of Service (LOS); and
WHEREAS, on the 15'" day of August, 2015, the City of Marathon Planning Commission
(the "Commission") conducted a properly advertised public hearing (the "Public Hearings")
regarding the request submitted by the Applicant, for a Conditional Use Permit pursuant to Chapter
102, Article 13 of the LDRs; and
WHEREAS, and on the 23rd day of August, 2016 and the 13'h day of September, 2016, the
City Council (the "Council") conducted properly advertised public hearings (the "Public Hearings")
regarding the request submitted by the Applicant, for a Conditional Use Permit pursuant to Chapter
102, Article 13 of the LDRs; and
WHEREAS; the City Council made a determination that the Applicant's request for a
Conditional Use Permit, subject to the terms of the LDRs and with Conditions imposed, was in
Compliance with the City's Comprehensive Plan and LDRs and further, that the approval is in the
Crystal Cove CUDA 2016
public interest, is consistent with its policy to encourage the redevelopment of properties within the
City of Marathon and will further the health, safety and welfare of the residents of Marathon; and
WHEREAS, the purpose of the Conditional Use Peri-nit is to allow for the integration of
certain land uses and structures within the City of Marathon, based on conditions by imposed the
p I
Council. Review is based primarily on compatibility of the use with its proposed location and with
surrounding land uses and on the basis of all zoning. subdivision and other ordinances applicable to
the proposed location and zoning district,
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 City Council hereby approves Development Order 2016-07, a copy of
which is attached hereto as Exhibit "A", granting a Conditional Use Permit to ITTG Crystal Cove
Resort, LLLP, subJect to the Conditions imposed. The Director of Planning is ZIW110riZeito sign the
development order on behalf of the City.
Section 3. This resolution steal I take effect immediately upon its adoption by the City of
Marathon and after review and approval by the Department of Economic Opportunity PUNUant to
Chapters 163 and 380, Floritla Slatutes.
PASSED, AND APPROVED by the City Council of the city of Marathon, Florida. this I Y"
day of September, 2016.
THE CITY OF MARATHON, FLORIDA
Mark Senniartin, Mayor
AYES: Zieg, Barals, Kelly, Coldiron, Senniartin
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
(Lull
Diane Clavier, City Clerk
(City Sea])
Crysta Cove CU DA 2016
APPROVED AS TO FORM AND LEGALITY FOR THE USE AND RELIANCE OF THE
CITY OF MARATHON, FLORIDA ONLY:
1-1 —
David MiOut, Cit4Attorngv-
Crystal Cove CODA 2016
CITY OF MARATHON, FLORIDA
CONDITIONAL USE
DEVELOPMENT ORDER # 2016-07
A DEVELOPMENT ORDER APPROVING A REQUEST BY HTG CRYSTAL
COVE RESORT, LLLP FOR A CONDITIONAL USE PERMIT PURSUANT
TO CHAPTER 102, ARTICLES 13 OF THE CITY OF MARATHON LAND
DEVELOPMENT REGULATIONS (LDRS) ENTITLED "CONDITIONAL
USE PERMITS," AUTHORIZING THE DEVELOPMENT OF A TWENTY-
EIGHT (28) UNIT RV PARK, FORTY-SIX AFFORDABLE HOUSING
UNITS, AND 7,700 SQUARE FEET OF COMMERCIAL RETAIL ON
PROPERTIES LOCATED AT AND ADJACENT TO 4900 OVERSEAS
HIGHWAY; REAL ESTATE NUMBERS 00327150-000000, 00327910-000000,
00327920-000000, 00327990-000000, 00328000-000000, 00328010-000000,
00328020-000000, AND 00328030-000000. NEAREST MILE MARKER 50
WHEREAS, HTG Crystal Cove, LLLP., (The "Applicant") filed an Application on
June 30, 2016 for a Conditional Use Permit and Development Agreement pursuant to Chapter 102,
Articles 13 of the City of Marathon Land Development Regulations (LDRs); and
WHEREAS; the Applicant proposes to develop twenty-eight (28) RV, forty-six (46)
workforce and affordable housing residential units, and 7,700 square feet of commercial space; and
WHEREAS, City staff reviewed the Applicant's request for a Conditional Use Permit
determining that the Applicant's project proposal was in compliance with the City's Comprehensive
Plan and Land Development Regulations (LDRs) and further that there was no substantial impact on
the City's Level of Service (LOS); and
WHEREAS, on the 15" day of August, 2015, the City of Marathon Planning Commission
(the "Commission") conducted a properly advertised public hearing (the "Public Hearings")
regarding the request submitted by the Applicant, for a Conditional Use Permit pursuant to Chapter
102, Article 13 of the LDRs; and
WHEREAS, and on the 23rd day of August, 2016 and the 13t" day of September, 2016, the
City Council (the "Council") conducted properly advertised public hearings (the "Public Hearings")
regarding the request submitted by the Applicant, for a Conditional Use Permit pursuant to Chapter
102, Article 13 of the LDRs; and
WHEREAS; the City Council made a determination that the Applicant's request for a
Conditional Use Permit, subject to the terms of the LDRs and with Conditions imposed, was in
Compliance with the City's Comprehensive Plan and LDRs and further, that the approval is in the
public interest, is consistent with its policy to encourage the redevelopment of properties within the
City of Marathon and will further the health, safety and welfare of the residents of Marathon; and
Crystal Cave CUUA 2016 4
WHEREAS, the purpose of the Conditional Use Permit is to allow for the integration of
certain land uses and structures within the City of Marathon, based on conditions imposed by the
Council. Review is based primarily on compatibility of the use with its proposed location and with
surrounding land uses and on the basis of all zoning, subdivision and other ordinances applicable to
the proposed location and zoning district,
FINDINGS OF FACT:
1. The applicant will a develop twenty-eight (28) unit RV park, forty-six (46) workforce and
affordable housing units, and 7,700 square feet of Commercial Floor Area, and accessory structures
as may be appropriate (See Attached Site Plan as Attachment 1).
2. In accordance with Section 102.77 of the Code, the Commission and Council considered and
determined the Applicant met the following criteria:
a. The proposed use is consistent with the Comprehensive Plan and LDRs;
b. The proposed use is compatible with the existing land use pattern and future uses
designated by the Comprehensive Plan;
c. The proposed use shall not adversely affect the health, safety, and welfare of the public;
and
d. The proposed conditional use minimizes environmental impacts, including but not limited
to water, air, stormwater management, wildlife, vegetation, wetlands, and the natural
functioning of the environment; and
e. Satisfactory provisions and arrangements have been made concerning the following
matters, where applicable:
1. Ingress and egress to the property and proposed structures thereon with particular
reference to automotive, bicycle, and pedestrian safety and convenience, traffic flow
and control and access in case of fire or catastrophe;
2. Off-street parking and loading areas where required, with particular attention to
item 1 above;
3. The noise, glare or odor effects of the conditional use on surrounding properties;
4. Refuse and service areas, with particular reference to location, screening and
Items I and 2 above;
5. Utilities, with reference to location and availability;
6. Screening and buffering with reference to type, dimensions and character;
7. Signs, if any, and proposed exterior lighting with reference to glare, traffic safety
and compatibility with surrounding properties;
Crystal Cove CODA 2016 5
8. Required yards and other open space;
9. General compatibility with surrounding properties; and
CONDITIONS IMPOSED:
Granting approval of the Application is subject to the following conditions:
Conditions of Approval
1. A final lighting plan must be submitted prior to permit issuance.
2. A final landscape plan must be submitted prior to permit issuance.
3. Dumpsters are to be screened per code.
4. All conditions of the Fire Marshall must be met prior to permit issuance.
5. Where the project boundary buffer is reduced, thicker landscaping and screening is required.
6. Additional screening is to be created along the canal facing RV lots. The criteria established
in Section 107.66 F shall be applied to this area with the additional height needed to screen
headlights.
7. All signs will be reviewed and approved for compliance with the City of Marathon LDR's.
8. Each RV site shall comply with all hurricane evacuation requirements set forth for City
transient uses.
9. Existing entitlements include thirty (30) transient residential units (TRUs), one (1) market
rate residential unit, and 1,633 square feet of commercial square footage. These entitlement
shall be utilized to complete the project as approved. The approval of this Development
Agreement does not convey or grant a vested right or entitlement to future allocations of
affordable residential units by the City for the forty-six (46) affordable residential units
referenced and approved in this Development Agreement. Such allocations shall be made at
a future date consistent with the comprehensive plan amendments and LDR amendments. It
is the intent of the applicant, with the support of the City, to seek the necessary affordable
residential unit allocations through and Inter -local Agreement transferring the units from
Monroe County to the City of Marathon.
10. Dwelling units shall contain less than or equal to 1,800 square feet of habitable space.
Occupancy of affordable housing units is Iimited to those meeting the following income
requirements:
a. Very -low-income. A household, whose income (excluding that of full-time students
under 18 years of age) does not exceed 50 percent of the median adjusted gross
annual income for households within the county;
b. Low-income. A household, whose income (excluding that of full-time students under
18 years of age) does not exceed 80 percent of the median adjusted gross annual
income for households within the county;
c. Median -income. A household, whose income (excluding that of full-time students
under 18 years of age) does not exceed 100 percent of the median adjusted gross
annual income for households within the county;
Crystal Cove CUDA 2016 6
d. Moderate -income. A household, whose income (excluding that of full-time students
under 18 years of age) does not exceed 120 percent of the median adjusted gross
annual income for households within the county;
e. Middle -income. A household, whose income (excluding that of full-time students
under 18 years of age) does not exceed 160 percent of the median adjusted gross
annual income within the county;
11. The monthly rent shall not exceed 30 percent of that amount which represents the income
bracket of the household, i.e., very low, low, median, moderate or middle, divided by 12. In
no case shall the monthly rent exceed 160 percent of the median adjusted gross annual
income for households within the county, divided by 12.
12. Annual income qualification, lease or employment verification, as applicable, by the City, or
its designee, shall be limited to rental and employee housing dwelling units. Income
verification for owner occupied dwellings shall be performed and approved by the City or its
designee prior to the sales closing and occupancy of the dwelling unit.
13. For any community workforce units the following requirements shall be met:
a. Affordable housing criteria set forth in above and Chapter 110 "Definitions";
b. Shall be permanently deed -restricted as affordable;
c. Shall be restricted to occupancy to households that derive at least 70 percent of their
household income from gainful employment in Monroe County;
d. Shall be restricted to occupancy for 28 consecutive days or longer;
e. Shall not be used for vacation rental use; and
f. Shall not be sold separately as a condominium.
14. The total area of the mixed -use or commercial apartments, including patios and access way
shall not exceed the area covered by the ground floor and any covered walks or arcades.
15. Each unit shall have access to a balcony or patio that is separate from the access to the unit,
provides adequate privacy and the size shall be two -tenths (2/10) of unit floor area or a
minimum of 60 square feet in size.
16. The patio area may be wholly or partially replaced by the provision of a recreation yard
provided on site. Recreational yards shall be a minimum one -tenth (1 / 10) of unit floor area.
17. The developer and the City shall enter into a Development Agreement which at a minimum
promulgates a requirement that necessary workforce housing units, pursuant to Chapter 104
Article 1, Section 104.25 and the City's Zoning in Progress concerning affordable housing,
be complete prior to the Certificate of Occupancy for all RV units. In the alternative, the will
accept a bond for the value or the units or an irrevocable letter of credit which shall only be
released upon completion of the required units.
18. For RV lots 1-10: The owner has agreed to locate an opaque fence no less than 42" high, and
buffered on the canal side by landscaping suitable to the City of Marathon. The location of
Crystal Cave CODA 2016
the fence sections will extend for twelve feet (12') on the canal front sides of the lot to be
located in front of the RV parking to shield headlights from shining across the canal.
19. An emergency gate entry/exit gate is allowed for emergency vehicle access at the northeast
corner of the project site for entry/exit to and from 501h Street. This gate shall be continuous
secured except to allow emergency vehicle access. The use of the gate for general or routine
access of owners or patrons of the RV or affordable housing project elements is prohibited.
Crystal cove CUDA 2016 8
VIOLATION OF CONDITIONS:
The applicant understands and acknoxv I edges that it must comply with all ol'theterins and conditions
herein, and all other applicable requirements of the City, or other goy errill-lental agencies applicable to
the use of the Property. In accordance with the Code, the Council may revoke this approval Up011 a
determination that tile Applicant or its Successor or designee is in non-compliance willi this
Resolution or Code. Failure to adhere to the terms and conditions ot'approval contained herein is a
violation of the Code and persons 1`61-Ind violating the conditions shall be subject to the penalties
prescribed therein,
CONCLUSIONS OF LAW:
Based upon the above Findings offact, the Council does hereby make the 6611owing Conclusions of
Law:
The Application has been processed in accordance with the applicable provisions of the City
Code, and xvill not be detrimental to the community as a whole, and
2. Ill rendering its decision. as reflected ill this Resolution, the Council has:
(a) Accorded procedural due proccss;
(h) Observed the essential requirements ofthe law,
(c) Supported its decision by Substantial competent evidence ofrecord; and
The Application for a conditional use is hereby GRANTED subject to the conditions specified
herein.
EFFECTIVE. DATE:
This development order shall not take effect for thirty (30) days followingthe date it is filed with the
City Clerk, and during that time, the conditional use approval granted herein shall be subject to
appeal as provided in the City Code. Ali appeal slial I stay the effectiveness of this development
order until said appeal is resolved.
,Date Georg Garr
Direct- of Pl' 111,11116
This Development Order was filed ill the Office of the. City Clerk of this clay of
0klv
2* L
UJILO-C
Diane Clavier, City Clerk
Crystal Cove CODA 2016 9
MUM
Under the authority of Section I 02.79(c) of the City of.Marathon Land Development Regulations,
this development order shalI become nail and void with no further notice required by the City. unless
a business license has been issued fora the use or a complete building- permit application to]- site
preparation and building construction with revised plans as required herein is submitted to the City
of Marathon Building Official within one (1) year from the date of conditional use approval, or the
date when the Departi-nent of Community Affairs waives its appeal and all required certificates of
occupancy are procured with three (3.) years of the date of this development order is approved by the
City Council.
In addition, please be advised that Pursuant, to Chapter 9J- I.. Florida Administrative Code, this
instrument shall not take effect for to five
i-ty- (451) days following the renditiori to the Florida
Department Of C01111111.1nity, Affairs. I.Xiring that forty-five days, the Florida Department of]"conornic
Opportunity may appeal this instrument to the Florida Land and Water Adjudicator-y Commission,
and that such an appeal stays the effectiveness of this instrUnient until the appeal is resolved by
agreement or order,
CERTIFICATE OF SERVICE
A true and correct copy of the above and lbregoing Resolution was furnished, via U S certified mail,
return receipt requested, addressed to
L
this-:] day of .2016a
Diane
Clavier
City Clerk
Crystal Cove CUDA 2016 10
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Sponsored by- Lindsey
CITY` OF MARATHON, FLORIDA
RESOLUTION 2016-72
A RESOLUTION OF T14E CITY COUNCIL OF THE CITY OF
MARATHON, APPROVING A REQUEST BY HTG CRYSTAL COVE
RESORT, LLLP FOR A DEVELOPMENT AGREEMENT PURSUANT TO
CHAPTER 102, ARTICLES 8 OF THE CITY OF MARATHON LAND
DEVELOPMENT REGULATIONS (LDRS) ENTITLED "DEVELOPMENT
AGREEMENT," AUTTIORIZINGTHE DEVELOPMENT OF A TWENT'.-
EIGHT (28) UNIT RV PARK, FORTY-SIX AFFORDABLE HOUSING
UNITS, AND 7,700 SQUARE FEET OF COMMERCIAL RETAIL ON
PROPERTIES LOCATED AT AND ADJACENT TO 4900 OVERSEAS
HIGHWAY; REAL ESTATE NUMBERS 00327150-000000,00327910-000000,
00327920-000000, 00327990-000000, 00328000-000000, 00328010-000000,
00328020-000000, AND 00328030-000000. NEAREST MILE MARKER 50
WHEREAS, HTG Crystal Cove, (11-ic "Applicant'") filed an Application on Jurie')O,
1.016 fora Conditional Use Permit and Development Agreement pursuant to Chapter 102. Artilcs
13 of the City ofMarathon Land Development RegUlatiOnS (LDRs); and
WHEREAS; the Applicant proposes to develop twenty-eight (28) RV, forty-six (46)
workforce. and affordable housing residential units, and 7,700 square feet ofconirriercial space, and
WHEREAS, City' staff reviewed the Applicant's request for a Development Agreenient
determining that the Applicant's project proposal was in compliance with the City's Comprehensive
Plan and Land Development Regulations (LDRs) and further that there was no substantial impact on
the City's Level of Service (LOS)-, and
WHEREAS, on the 15"' day of ALloust, 2015, thL City of Marathon planning Commission
(the "Connnission") conducted Li properlN advertised public hearing (the I-learin"s")
regarding the request submitted by the Applicant. fora Development Agreement pursuant to Chapter
102, Article 8 of the LDRs; and
WHEREAS, and on the 23" day ofAugust. 2016 and the 13 )` day of September, 2016. the
City Council (the'-Counci F) conducted properly advertised pLiblic, hearings (tile "PUblic Hearinos")
regarding the request submitted by the Applicant, for a Development Agreement pursuant to Chapter
102, Article 8 of the LDRs,, and
WHEREAS- the City, Council made a determination that the Applicant's request for a
Development Agreement, Subject to the terms of the LDRs and with Conditions imposed, was in
Compliance with the City's Comprelicrisive Plan and LDRs and further, that the approval is in the
public; interest, is consistent Nvith its Policy to encourage the redevelopment of properties within the
City of Marathon and wi 11 further the health. safety and welfare of the residents ofMaraflion.- and
WHEREAS, the purpose of the Conditional Use Permit is to allow for the inteoration of
certain land uses and structures within the City of Marathon, based on conditions imposed by the
Council. Review is based primarily on compatibility of the use with its proposed location and with
surrounding land uses and on the basis of all zoning, subdivision and other ordinances applicable to
the proposed location and zoning district,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MARATHON, FLORIDA, THAT:
Section I, The above recitals are true and correct and incorporated herein.
Section 2. The City Council hereby approves the Development Agreement, attached
hereto as "Exhibit A."
Section 3. This resolution shall take effect immediately upon Its adoption by the City of
Marathon and after review and approval by the Department of Econon-iic Opportunity PLII-SUant to
Chapters 163 and -380, Flori(io Statutes.
PASSED AND APPROVED by the City Council of the city of Marathon. Florida, this I')"'
day of September, 2016.
THE CITY OF MARATHON, FLORIDA
Mark Senmartin, Mayor
AYES:
Zieg, Bartus, Coldiron, Kelly, Senniartin
NOES:
None
ABSENJ-:
None
ABSTAIN:
None
ATTEST -
Diane Clavier, City Clerk
(City Seal)
APPROVED AS TO FOIM AND LEGALITV FOR THE USE AND RE LIANCE OFTI-If"
CITY OF MARATHON, FLORIDA ONLY-
. . ........ - D - a "I v I'll i -1 d KligLit, I Cfty Attkney
EXHIBIT A
DEVELOPMENT AGREEMENT
RE Nos. 00327150-000000, 00327910-000000, 00327920-000000, 00327990-000000,
00328000-000000, 00328010-000000, 00328020-000000, AND 00328030-000000
(Space Reserved for Recording)
Development Agreement for
HTG Crystal Cove Resort, LLLP
Marathon, Florida
This Development Agreement ("Agreement") is entered into by and between the City of
Marathon, a Florida Municipal Corporation (herein referred to as "City"), and HTG Crystal Cove
Resort, LLLP, a Florida limited liability limited partnership, whose address is 3225 Aviation
Avenue, Suite 602, Coconut Grove, Florida 33133 (herein referred to as "Owner"), pursuant to
Chapter 102, Article 8 of the Land Development Regulations of the City of Marathon, and the
Florida Local Government Development Agreement Act, Sections 163.3220-163.3243, Florida
Statutes, and is binding on the effective date as set forth herein.
WITNESSETH:
WHEREAS, Owner owns real property located in Marathon, Florida, described in
Exhibit "A" hereto, which is the location of HTG Crystal Cove Resort LLLP and its proposed
redevelopment; and
WHEREAS, said HTG Crystal Cove Resort LLLP hold entitlements to thirty-four (34)
transient residential units, one (1) market rate residential units, and 1,633 square feet of
commercial space; and
WHEREAS, the real property described in Exhibit "1" is designated on the City's Future
Land Use Map (FLUM) as Mixed Use Commercial (MU-C), and is zoned as Mixed Use (MU),
which land use designation and zoning allow the property to be used for transient rentals; and
WHEREAS, Owner desires to develop twenty-eight (28) RV sites and amenities in an
RV Park, forty-six (46) workforce and affordable housing residential units, and 7,700 square feet
of commercial development; and
WHEREAS, the City's affordable housing requirement for transient uses, as set out in
Section 104.25 of the City of Marathon Land Development Regulations requires that new
transient development provide affordable housing in an amount equal to 20% of the square
footage of new transient development; and
WHEREAS, the Marathon Planning Commission held a public hearing on the 15", day
of August, 2016, to consider this agreement, and recommended approval of this agreement; and
WHEREAS, the City Council of Marathon held public hearings on the 23" day of
August and 13th day of September, 2016, to consider this Agreement; and
WHEREAS, the City has determined that this Agreement is in the public interest, is
consistent with its policy to encourage the redevelopment of hotels and motels in Marathon, and
will further the health, safety and welfare of the residents of Marathon.
NOW, THEREFORE, in consideration of the mutual promises and undertakings
contained herein, the receipt and sufficiency of which are hereby acknowledged, the Parties
agree as Follows:
I. RECITALS.
The foregoing recitals are a part of this Agreement on which the parties have relied and are
incorporated into this Agreement by reference.
II. PURPOSES OF AGREEMENT.
The purposes of this Agreement are as Follows:
To re -develop the HTG Crystal Cove Resort LLLP site to include the development of twenty-
eight (28) RV sites, forty-six (46) workforce and affordable housing residential units, and up to
7,700 square feet of commercial area, said Property noted in Exhibit A, consistent with the City
of Marathon's Comprehensive Plan and Objective 1-3.4 of the City of Marathon's
Comprehensive Plan;
III. Definitions.
For the purposes of this Agreement, all terms shall have the definitions as found in the City of
Marathon's Land Development Regulations, Comprehensive Plan and in Chapter 163, Florida
Statutes, or in other applicable Florida Statutes, and if not defined in the Code, Plan, or Statute,
the term shall be understood by its usual and customary meaning.
IV. Statutory and Code Requirements.
The Parties recognize the binding effect of the Florida Local Government Development
Agreement Act, Sections 163.3221, et seq., Florida Statutes, as to the form and content of this
Agreement and in accordance therewith set forth and agree to the following:
A. Legal Description and Ownership.
HTG Crystal Cove Resort LLLP is the Owner of the Property identified by Real Estate Numbers
00327150-000000, 00327910-000000, 00327920-000000, 00327990-000000, 00328000-000000,
00328010-000000, 00328020-000000, and 00328030-000000 which are the Properties the
603626040.2
subject of this Agreement, as described in Exhibit 2, Improvement Location and Boundary
Survey. At time of development, there will be no other legal or equitable owners of the subject
property known to the parties to this Agreement.
B. Duration of Aueement.
The Owner shall have a period of one (1) year from the Effective Date of this Agreement to
obtain the first building permit for the RV Park site and three (3) years from the Effective Date
of this Agreement to obtain the first permit for the workforce and affordable housing component
of the project. All Certificates of Occupancy and/or Final Inspections for structures on the
Property as shown on the Site Plan shall be obtained with seven (7) years.
This Agreement may be renewed or extended as provided herein. If the Owner has not complied
with the terms of this section, this Agreement may be subject to termination as provided herein.
C. Permitted Uses.
1. The Development permitted on the Property shall consist of those uses set forth herein, as
identified on the conceptual site plan attached hereto as Exhibit 3, and incorporated herein by
reference. The permitted uses are as follows:
i. Twenty-eight (28) RV Park RV sites
ii. Forty-six (46) workforce and affordable housing residential units; and
iii. 7,704 square feet of commercial development.
iv. Requirement to provide workforce housing pursuant to Section 104.25 A. of the
LDRs.
2. Existing entitlements include thirty-four (34) transient residential units (TRUs), one (1)
market rate residential unit, and 1,633 square feet of commercial square footage. These
entitlement shall be utilized to complete the project as approved. The approval of this
Development Agreement does not convey or grant a vested right or entitlement to future
allocations of affordable residential units by the City for the forty-six (46) affordable residential
units referenced and approved in this Development Agreement. Such allocations shall be made
at a future date consistent with the comprehensive plan amendments and LDR amendments. It is
the intent of the applicant, with the support of the City, to seek the necessary affordable
residential unit allocations through and Inter -local Agreement transferring the units from Monroe
County to the City of Marathon.
3. For the duration of this Agreement, the Parties agree that any and all of the approved
development shall adhere to, conform to, and be controlled by this Agreement, the Exhibits
attached hereto and incorporated by reference, the LDRs and the Comprehensive Plan governing
the development of the subject property on the Effective Date of this Agreement. In the event
that all or a portion of the existing or authorized development subject to this Agreement should
iAL 451,479,332v2 7-30-08
603626040.2
be destroyed by storm, fire or other disaster, the Owner, it's grantees, successors, or assigns shall
have the absolute right to rebuild or repair the affected structure(s) and reinitiate the prior
approved use so long as such development is in compliance with this Agreement.
4. Through this Development Agreement and the approval of Resolution 2016-71 which
provides a Conditional Use Permit for the project, the Developer agrees to all Conditions
approved in the Conditional Use Permit.
5. Pursuant to this Development Agreement the Owner agrees that that required workforce
housing units, pursuant to Chapter 104 Article 1, Section 104.25 and the City's Zoning in
Progress concerning affordable housing, shall be complete prior to the Certificate of Occupancy
for all RV units. In the alternative, the City will accept a bond for the value or the units or an
irrevocable letter of credit which shall only be released upon completion of the required units.
6. The following documents are attached hereto and incorporated by reference, showing the
Property Boundary and Existing and Proposed Uses:
Exhibit 1: Warranty Deed
Exhibit 2: Site Survey
Exhibit 3: Conceptual Site Plan as approved herein and pursuant to the City's approval
of a Conditional Use Permit
7. Maximum Building Height shall be thirty-seven (37) feet, as provided in Future Land
Use Element Policy 1-3.2.5 in the City's Comprehensive Plan and as defined by the LDRs.
8. The Owner shall execute and record in the public records of Monroe County a
Declaration of Covenants and Restrictions in a form acceptable to the City ensuring that all
Transient Units on the property comply with Hurricane Evacuation Requirements set forth in
Policy 1-2.2.1 of the Future Land Use Element of City's Comprehensive Plan, in effect or as
amended.
D. Public Facilities
1. The Florida Keys Aqueduct Authority provides domestic potable water.
2. Electric Service is provided by the Florida Keys Electric Co-op.
3. Solid Waste Service is provided by Marathon Garbage Service.
4. Owner shall provide wastewater and sewage collection and disposal by expanding its current
connection to the City.
5. Educational Facilities. The redevelopment of transient use as contemplated by this Agreement
603626040.2
will not impact education facilities.
6. Recreational Facilities. The Property includes onsite recreational facilities for visitors and
guests of the property. Therefore, redevelopment of the property will have no impact on public
recreation facilities.
7. Stormwater, A Stormwater Management System which meets all applicable local, state and
federal requirements shall be constructed onsite as part of the Site Redevelopment. This system
will retain, detain, and treat Stormwater on the Property and therefore will provide a substantial
benefit to water quality in the area. There shall be no direct discharge to the City of Marathon
Nearshore Waters.
8. Any increased impacts on Public Facilities or Public Services attributable to each unit of the
development, and the cost of capital improvement to meet the associated increased demand on
such facilities or services, shall be assured by payment to the City, concurrent with the issuance
of the building permits for each unit, of any City of Marathon Impact Fees required by the
ordinance then in effect, as well as by payment by owner of any applicable utility system
Development Fees. In addition, Owner agrees to be subject to any reasonable impact fee
ordinance adopted by the City within twenty-four (24) months after the Effective Date of the
Agreement, providing such ordinance applies equally and uniformly to all redevelopment in
Marathon.
9. Fire Protection. The Owner shall provide fire hydrants and other such fire protection facilities
as required by the Life Safety Code administered by the City Fire Department. Fire sprinklers
will be installed as required by City Code.
E. Local -Development Permits.
The following is a list of all Development Permits approved or needed to be approved for the
redevelopment of the Property as specified and requested in this Agreement:
1. This Development Agreement.
2. Conditional Use Approval.
3. The Final Site Plan, Landscape Plan, Drainage Plan, Building Elevations and Floor Plan
approvals.
4. Building and related construction permits for all structures utilized for principal use or
accessory use, land clearing, and landscaping. At any time any building permit is applied
for, Owner shall demonstrate compliance with all applicable Federal, State and Municipal
Disabled -access Regulations in effect at the time of application.
7AL 451,479,332v2 7-30-08
603626040.2
5. Federal, State, Regional, and Local Permits for Stormwater runoff.
Nothing in this Agreement shall preclude the parties from applying additional conditions, by
mutual agreement, during Final Site Plan review or permitting.
F. Finding of Consistency.
By Entering into this Agreement, the City finds that the
herein is consistent with and furthers the Comprehensiv
G. ExistingBPAS Exempt Units and Square Footage
The Parties acknowledge that there exist on the Property:
e
Development Type Existing
Transient Units: 30 units
Single Family Dwellings: 1 Market Rate Residential Units
Commercial Floor Area:
1,633 Sq. Ft.
H. Reservations or Dedications of Land for Public Purposes.
The parties anticipate that Owner may reserve or dedicate land for public purposes in connection
with the Redevelopment, but is currently unaware of the specifics of such reservation(s) or
dedication(s). Reservations and dedications for public purposes in connection with this
Agreement may be requested by the City's Comprehensive Plan and City Code. Such
reservations or rededications may include, by way of example, easements necessary for the
provision of stormwater, utility, and wastewater services to the Property.
1. Mutual Cooperation.
City and Owner agree to cooperate fully and assist each other in the performance of the
provisions of this Agreement.
J. Development to Comply with Permits and City Comprehensive Plan and Code Provisions.
The redevelopment shall be developed in accordance with all required permits and in accordance
with all applicable provisions of the City's Comprehensive Plan and Land Development
Regulations in effect on the effective date of this Agreement. No Certificate of Occupancy for
an individual building shall be issued until all plans for that building are approved by the City
and Owner has complied with all conditions in permits issued by the City and the other
regulatory entities for that building. The City agrees that any permits or certificates of occupancy
to be issued by the City shall not be unreasonably withheld or delayed.
TAL 451, 479,332v2 7-30-08
603626040.2
K. Compliance With Permit Terms Conditions and Restrictions Not Identified Herein.
The failure of this Agreement to address a particular permit, condition, term, or restriction shall
not relieve Owner of the necessity of complying with the law governing said permitting
requirements, conditions, terms, or restrictions.
L. Laws Governing.
1. For the duration of this Agreement, all approved development of the Property shall comply
with and be controlled by this Agreement and provisions of the City's Comprehensive Plan and
City Code in effect on the date of execution of this Agreement, inclusive of text changes and
rezoning approved by the City Council on the date of the City's approval of this Agreement, if
any. The parties do not anticipate that the City will apply subsequently adopted laws and
policies to the Property, except as expressly provided in this Agreement.
2. Pursuant to Section 163.3233, Florida Statutes, the City may apply subsequently adopted
laws and policies to the Property only if the City holds a public hearing and determines that:
i. The new laws and policies are not in conflict with the laws and policies governing the
Agreement and do not prevent development of the land uses, intensities, or densities set
forth in this Agreement;
ii. The new laws and policies are essential to the public health, safety, or welfare, and the
City expressly states that they shall apply to the development that is subject to this
Agreement;
iii. The City demonstrates that substantial changes have occurred in pertinent conditions
existing at the time of approval of this Agreement; or
iv. The Agreement is based on substantially inaccurate information supplied by Owner.
Provided, however, nothing in this Agreement shall prohibit the parties from mutually agreeing
to apply subsequently adopted laws to the Property.
3. If state or federal laws enacted after the Effective Date of this Agreement preclude any
party's compliance with the terms of this Agreement, it shall be modified as necessary to comply
with the relevant state or Federal laws. However, this Agreement shall not be construed to waive
or abrogate any rights that may vest pursuant to common law.
M. Amendment Renewal and Termination.
This Agreement may be amended, renewed, or terminated as follows,
1. As provided in Section 163.3237, Florida Statutes, this Agreement may be amended by
mutual consent of the parties to this Agreement or by their successors in interest. Amendment
TAL 451,479,332v2 7-30-06
603626040.2
under this provision shall be accomplished by an instrument in writing signed by the parties or
their successors.
2. As provided in Section 163.3237, Florida Statutes, this Agreement may be renewed by the
mutual consent of the parties, subject to the public hearing requirement in Section 163,3225,
Florida Statutes, and applicable LDRs. The City shall conduct at least two (2) public hearings,
one of which may be held by the local planning agency at the option of the City. Notice of intent
to consider renewal of the Agreement shall be advertised approximately fifteen (15) days before
each public hearing in a newspaper of general circulation and readership in Marathon, and shall
be mailed to all affected property owners before the first public hearing. The day, time, and
place at which the second public hearing will be held shall be announced at the first public
hearing. The notice shall specify the location of the land subject to the Agreement, the
development uses on the Property, the population densities, and the building intensities and
height and shall specify a place where a copy of the Agreement can be obtained.
3. This Agreement may be terminated by Owner or its successor(s) in interest following a
breach of this Agreement by the City upon written notice to the City as provided in this
Agreement.
4. Pursuant to Section 163.3235, Florida Statutes, this Agreement may be revoked or modified
by the City if, on the basis of substantial competent evidence, the City finds there has been a
failure by Owner to comply with the terms of this Agreement.
5. This Agreement may be terminated by mutual consent of the parties.
N. Breach of Agreement and Cure Provisions.
1. If the City concludes that there has been a material breach in this Agreement by Owner, prior
to revoking this Agreement, the City shall serve written notice on Owner identifying the term or
condition the City contends has been materially breached and providing Owner with ninety (90)
days from the date of receipt of the notice to cure the breach or negotiate an amendment to this
Agreement. Each of the following events shall be considered a material breach of this
Agreement:
(i) Failure to comply with the provisions of this Agreement;
(ii) Failure to comply with terms and conditions of permits issued by the City or other
regulatory entity for the development authorized by this Agreement.
2. If Owner concludes that there has been a material breach in the terms of this Agreement by
the City, Owner shall serve written notice on the City identifying the term or condition Owner
contends has been materially breached and providing the City with ninety (90) days from the
date of receipt of the notice to cure the breach, or negotiate an amendment to this Agreement.
The following events shall be considered a material breach of this Agreement:
(i) Failure to comply with the provisions of this Agreement;
TAL 459,479,332v2 7-30-08
603626040.2
(ii) Failure to timely process any application for Site Plan approval or other development
authorized by this Agreement.
3. If either party waives a material breach in this Agreement, such a waiver shall not be deemed
a waiver of any subsequent breach.
4. Notwithstanding any other provisions of this Development Agreement to the contrary,
neither party hereto shall be deemed to be in default under this Development Agreement where
delay in the construction or performance of the obligations imposed by this Development
Agreement are caused by war, revolution, labor strikes, lockouts, riots, floods, earthquakes,
fires, casualties, acts of God, governmental restrictions, embargoes, litigation (excluding
litigation between the City and the Owner), tornadoes, hurricanes, tropical storms or other
severe weather events, or any other causes beyond the control of such party. The time of
performance hereunder, as well as the term of this Development Agreement, shall be extended
for the period of any forced delays or delays caused or resulting from any of the foregoing
causes. The Owner must submit evidence to the City's reasonable satisfaction of any such
delay.
O. Notices.
All notices, demands, requests, or replies provided for or permitted by this Agreement,
including notification of a change of address, shall be in writing to the addressees identified
below, and may be delivered by anyone of the following methods: (a) by personal delivery; (b)
by deposit with the United States Postal Services as certified or registered mail, return receipt
requested, postage prepaid; or (c) by deposit with an overnight express delivery service with a
signed receipt required. Notice shall be effective upon receipt. The addresses and telephone
numbers of the parties are as follows:
TO OWNER:
HTG Crystal Cove Resort LLLP
3225 Aviation Avenue, Suite 602
Coconut Grove, Florida 33133
With a copy by regular U.S. Mail to:
Thomas D Wright
Florida Board Certified Real Estate Attorney
9711 Overseas Highway
Marathon, Florida 33050
TO THE CITY:
City Manager
City of Marathon
9805 Overseas Highway
Marathon, Florida 33050
(305) 743-0033
TAL 451,479,332v2 7-30-08
603626040.2
With a copy by regular U.S. Mail to:
City Attorney
City of Marathon
9805 Overseas Highway
Marathon, Florida 33050
(305) 743-0033
P. Annual Report.
On each anniversary date of the Effective Date of this Agreement, Owner shall provide the City
with a report identifying (a) the amount of development authorized by this Agreement that has
been completed, (b) the amount of development authorized by this Agreement that remains to
be completed, and (c) any changes to the plan of development that have occurred during the
one (1) year period from the Effective Date of this Agreement or from the date of the last
Annual Report.
Q. Enforcement.
In accordance with Section 163.3243, Florida Statutes, any party to this Agreement, any
aggrieved or adversely affected person as defined in Section 163.3215(2), Florida Statutes, or
the State Land Planning Agency may file an action for injunctive relief in the Circuit Court of
Monroe County, Florida, to enforce the terms of this Agreement or to challenge the compliance
of this Agreement with the provisions of Section 163.3220-163.3243, Florida Statutes.
R. Binding Effect.
This Agreement shall be binding upon the parties hereto, their successors in interest, heirs,
assigns, and personal representatives.
S. Assignment.
This Agreement may not be assigned without the written consent of the parties, which consent
shall not be unreasonably withheld.
T. Drafting of Agreement.
The parties acknowledge that they jointly participated in the drafting of this Agreement and
that no term or provision of this Agreement shall be construed in favor of or against either
party based solely on the drafting of the Agreement.
U. Severability.
In the event any provision, paragraph or section of this Agreement is determined to be invalid
or unenforceable by a court of competent jurisdiction, such determination shall not affect the
TAL 451,479,33W 7-30-08
603626040.2
enforceability or validity of the remaining provisions of this Agreement.
V. Applicable Laws.
This Agreement was drafted and delivered in the State of Florida and shall be construed and
enforced in accordance with the laws of the State of Florida.
W. Litigation/Attorneys Fees, Venue-, Waiver of Right to Jury Trim.
As between the City and Owner, in the event of any litigation arising out of this Agreement, the
prevailing party shall be entitled to recover all reasonable costs incurred with respect to such
litigation, including reasonable attorney's fees. This includes, but is not limited to,
reimbursement for reasonable attorney's fees and costs incurred with respect to any appellate,
bankruptcy, post judgment, or trial proceedings related to this Agreement. Venue for any legal
proceeding arising out of this Agreement shall be in Monroe County, Florida.
THE PARTIES TO THIS AGREEMENT WANE THE RIGHT TO A JURY TRIAL IN ANY
LITIGATION ARISING OUT OF THIS AGREEMENT.
X. Use of Sin uullar and Plural.
Where the context requires, the singular includes the plural, and plural includes the singular.
Y. Duplicate Originals; CounteEparts.
This Agreement may be executed in any number of originals and in counterparts, all of which
evidence one agreement. Only one original is required to be produced for any purpose.
Z. Headinlzs.
The headings contained in this Agreement are for identification purposes only and shall not be
construed to amend, modify, or alter the terms of this Agreement.
AA. Entirety of Agreement.
This Agreement incorporates or supersedes all prior negotiations, correspondence,
conversations, agreements, or understandings regarding the matters contained herein. The
parties agree that there are no commitments, agreements, or understandings concerning the
subjects covered by this Agreement that are not contained in or incorporated into this document
and, accordingly, no deviation from the terms hereof shall be predicated upon any prior
representations or agreements, whether written or oral. This Agreement contains the entire and
exclusive understanding and agreement among the parties and may not be modified in any
manner except by an instrument in writing signed by the parties.
TAZ 457,479,332v2 7-30-08
603626040.2
BB. Recordin • Effective Date.
The Owner shall record this Agreement in the public records of Monroe County, Florida,
within fourteen (14) days after the date the last party signs this Agreement. A copy of the
recorded Agreement showing the date, page and book where recorded shall be submitted to the
State Land Planning Agency at the Department of Community Affairs, Division of Community
Planning, 2555 Shumard Oak Boulevard, Tallahassee FL 32399-2100 by hand delivery or
registered or certified United States mail, or by a delivery service that provides a signed receipt
showing the date of delivery, within fourteen (14) days after the Agreement is recorded and
received by the Owner or his agents. Owner shall also provide a copy of the recorded
Agreement to the City at 9805 Overseas Highway, Marathon, Florida 33050, within the same
time period. This Agreement shall become effective thirty (30) days after the date the State
Land Planning Agency receives its copy pursuant to Section 163.3239, Florida Statutes.
CC_._ Date of Agreement.
The Date of this Agreement is the date the last party signs and acknowledges this Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year
below written. Signed, sealed, and delivered in the presence of:
WITNESSES: OWNER
Signature
Name of witness (printed or typed)
Signature
Name of witness (printed or typed)
STATE OF FLORIDA
COUNTY OF MONROE
HTG Crystal Cove Resort LLLP
By:
Name: Randy Rieger
Title: Authorized Partner
The following instrument was acknowledged before me on this day of
, 2016, by Randy Rieger, as Authorized Partner of Crystal Cove Resort LLLP,
who is personally known to me or who produced
as identification, and who did/did not
take an oath.
Notary Public, State of Florida At Large
My commission expires:
TAL 451,479,332v2 7-30-08
603626040.2
On the 13" day of September, 2016, The City Council of the City of Marathon approved this
Agreement by Resolution No. 2016-72
ATTEST: CITY OF MARATHON
B
City Clerk Mark Senmartin, Mayor
APPROVED AS TO FROM AND LEGALITY
FOR THE USE AND RELIANCE OF THE
CITY� OF M,� HON, FLORIDA ONLY.
David Migut, City Attbfney
TAL 451,479,332v2 7-30-08
603626040.2
EXHIBIT 1
TAL 451,479,332v2 7-30-08
603626040.2
EXIIIHTT "A"
Lots 5 and 6 of Thompson and Adams Subdivision ofGovemment Lot 1, Section 10, TOvuriship 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 Nghway 4A lying immediately South ofLot 5
ofThompson and Adams Subdivision according to the plat thereofrecerded.in P1atBook 2, Page 24,
of the Publio Records.oflwionroe 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 Fast, and being m❑re particularly described by metes and bounds as
follows:
Commencing at the intersection of the East line of Section 10, Township 66 South, Range 32 Fast,
and the northwesterly right-of-way line of Old State Highway No, 4A. Bear southwesterly along the
northwesterly right-of-way line of Old State Highway No. 4A for a distance of 734.09 feet to the
Southeast corner of said Lot 5; thence beer North along the Fast line of Lot 5 for a distance of
889.77 feet to the point of beginning of the parcel of bay bottom [and hereinafter described from
said point ofbeginning, continue bearing North along the East line of lot 5, extendcd, fora distance
of220 feet to apoint, thence at right angles and West for a distance of 100,97 feet to a point on the
West line of L❑t5, extended North, thence bear South along the West line of Lot 5, extended North,
for a distance of 270 feet, more or less, 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, back to the point of
beginning,
-TogedwwiWa. parcel of bay bottom bm-d iwthc-Bay of -Florida -North of and -adjacent -to Lot-6 of
Thompson and Adams Subdivision as recorded in Plat Book 2, Page 24 of the Pubtic 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 or plat thereof inPlatBook2, Page 24, of the Public Records oflvMomoe
County, Florida, as and for thepoint of beginning of the property to be described. Rim thonoe North
into the waters of the Gulfof Mexico fore distance of 323 fact; thence at a rightangle and East for a
distance of [00.97 feet to a point; thence at a right angle and South to the M11W.L. eta point where
it intersects the Eastern boundary of said Lot 6; thence meander said M.H.W.L. in a westerly
direction to the point of beginning.
TAL 451,479,332v2 7-30-08
603626040.2
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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.
Sincerely,
CITY OF MARATHON, FLORIDA
9805 Overseas Highway, Marathon, Florida 33050
Phone: (305) 289-4111 Fax: (305) 743-3667
garrettg@ci.marathon.fl.us
SG�aa—
George Garrett
Deputy City Manager / Planning Director
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Memorandum
To: Bob Shillinger
CC: Christine Hurley
From: Steve Williams
Date: 12/5/2016
Re: December 14, 2016 Agenda Items H5-H9: City of Marathon affordable housing ILAs
Agenda items H5-H9 concerning the transferal of various levels of affordable housing ROGOs are all
legally sufficient; in other words, these proposed Interlocal Agreements (ILAs) are, if accepted,
adequate to accomplish a transfer of affordable housing ROGOs from the County to the City.
However, I must bring to your attention that certain of these proposed ILAs' substantive provisions
differ significantly from the standard language typically employed in County -City ILAs of this kind.
While this significant departure from standard practice does raise concerns, such deviation does not
render these proposed ILAs contrary to law. The purpose of this Memorandum is to, therefore,
document these concerns pre-eimptively, in order to ensure that they receive adequate consideration
beforehand, and to eliminate the risk of having to address therm after -the -fact.
In addition to these deviations from past standard practice (addressed more fully below), a concern to
coimimon to these ILAs collectively is their general proposition that the County surrender its
affordable housing ROGO allocations to other entities in exchange for nothing in return. As the
County has only a finite number of ROGO allocations to award (currently 692), and as the anticipated
2023 ROGO allocation expiration date nears, the County's renunciation of its ROGO allocations to
other entities gratis may impair the County's ability to mitigate takings claims and hamstring the
County's ability to promote non-residential inclusionary housing development(s) pursuant to
provisions recently added to the Monroe County Code(s).
This being said, such considerations are, admittedly, of a policy variety, and the BOCC is empowered
to divest itself of affordable housing ROGO allocations in any manner it believes best serves the
County's interests.
Turning to the specific concerns earlier alluded to as departing from standard practice, these are as
follows:
• No Finite Tenm(s)/Infinite Tenm(s): Two of the ILAs (H-5 and H-8) contain terms of
limitless duration, and contain no reversionary clauses that would enable the County to
recapture its affordable ROGOs if not timely used. Such language could, in effect, enable
the City to keep even unused affordable ROGOs forever.
• No Severability Clauses: These clauses, which have been standard in our past ILAs with the
City, state that if a part of an ILA is held to be illegal or otherwise unenforceable, that the
remainder of the ILA shall remain legal and enforceable.
December 5, 2016
• No Requirement to Comply with the Florida Building Code: Standard language requiring
that development using the County's affordable housing ROGOs must meet the Florida
Building Code (FBC) is missing. Although compliance with the FBC is presumptively
required by statute and within the City's jurisdiction, it is unclear for what purpose this
standard provision has been omitted.
• Exhibits: The proposed ILA in Item H-5 doesn't contain site plans necessary to delineate
r.
which existing residential dwelling units within the City are to be preserved as affordable
housing, or contain an unlabeled featuring federal Housing and Urban Development (HUD)
to
income limits which such exhibit's corresponding ILA neither incorporates nor explains
how it operates together with the ILA. Separately, this proposed ILA does not contain
04
language reflecting that such HUD income limits shall apply as they are amended by HUD,
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from time to time.
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