Item H07BOARD OF COUNTY COMMISSIONERS
County of Monroe A
Mayor George Neugent, District 2
The Florida. Keys w) Mayor Pro Tem David Rice, District 4
y �r Danny L. Kolhage, District 1
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
December 14, 2016
Agenda Item Number: H.7
Agenda Item Summary #2418
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 52 low income and 3 very low income (55 total)
Affordable Housing ROGO Allocations from Monroe County to the City of Marathon. This ILA is
proposed by Keys Affordable Development III, LLC, for a project that proposes developing 55 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 55 affordable housing allocations.
The ILA states this is for a project known as Keys Affordable Development III, LLC and that the
project is comprised of fifty-two (52) low-income category and three (3) very -low income category
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 project receiving all necessary approvals from
the City of Marathon by October 31, 2017, 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 FY16-17 or FY 17-18 competitive cycles
and complete the construction as evidenced by issuance of a certificate of occupancy for all 55 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 request is for following properties:
H.7
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 State Concern
(ACSC). 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.
Packet Pg. 957
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 IL,As 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 Keys Affordable Development
Keys Affordable - Site Plan
Monroe County ROGO balance and projected Affrodable Housing projects
City of Marathon Affordable Projects_provided 11-29-16
County Attorney Memo on IL,As 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:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
If yes, amount:
Mayte Santamaria Completed
Assistant County Administrator Christine Hurley
11/29/2016 2:05 PM
11/28/2016 4:58 PM
Completed
Steve Williams Completed 11/29/2016 4:00 PM
Jaclyn Carnago Completed 11/29/2016 4:24 PM
Budget and Finance
Maria Slavik
Mayte Santamaria
Kathy Peters
Board of County Commissioners
Skipped
11/21/2016 6:57 PM
Skipped
11/21/2016 6:57 PM
Completed
11/29/2016 4:25 PM
Completed
11/29/2016 5:01 PM
Pending
12/14/2016 9:00 AM
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This Agreement ("Agreement") is made and entered into this _ day of November,
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 igway,
Marathon, Florida 33050 (the "City").
WITNESSETH:
WHEREAS, Monroe County and the City of Marathon recognize the value of regional
partnerships in smart growth; and
WHEREAS, Policy 101.2.15 of the
Rate of Growth Ordinance building perm
allocations" or "affordable ROGOs") for a
between local government jurisdictions N
accomplished through an interlocal agi
governments; and
Year 2010 Monroe County Comprehensive Plan allows
it allocations (hereinafter "affordable housing ROGO
fordable housing projects to be pooled and transferred
,ithin the Florida Keys Area of Critical Concern, if
eement between the sending and receiving local
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
.eq., 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
;eographic, economic, population, and other factor 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
repective jurisdictions; and
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WHEREAS, the State of Florida Housing Finance Corporation (FHFC) Low Income
Housing Tax Credits (LI TC) application deadline is January 6, 2017; and
WHEREAS, Keys Affordable Development III, LLC, a Florida Limited Lability
Company and or their assigns will be an applicant for FHFC LIHTC/ WORKFORCE funding
for fifty-five (55) 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, Keys Affordable Development III, LLC is an applicant for a Conditional
Use Permit to obtain approval for a project that includes 55 affordable housing/workforce
housing units expected to be considered and approved by the City of Marathon Planning
Commission on December 5, 2016, after the Monroe County Board of County Commission is
anticipated to consider this Agreement pertaining to the following site:
[INSERT COMPLETE LEGAL DESCRIPTION]
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 55- affordable
housing ROGO allocations, comprised of fifty-two (52) low-income category and three
(3) very -low income category 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:
Keys Affordable Development III, LLC, or its assignee, obtaining a Conditional Use
approval from the City of Marathon Planning Commission prior to October 31, 2017;
and
Keys Affordable Development III, LLC, 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 55 affordable
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housing ROGO allocations are to be issued by the City to be used specifically by Keys
Affordable Development III, LLC, or its successor or assign, at the development in
Marathon known as "Casa on 4500 Overseas Highway, Marathon" (Legal Description
attached as Exhibit "A"). In the event the subject project or, as applicable. Keys
Affordable Development III, LLC, or, as applicable, its assign(s) and successor(s) in
interest or title. fail to obtain federal or state housing financial assistance and complete
the construction as evidenced by issuance of a Certificate of Occupancy for all 55 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 55 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 55 affordable housing units contemplated herein receive Certificates of
Occupancy.
Section 4. NOTIFICATION: The City of Marathon shall (1) Immediately notify
Monroe County of any assignment(s) and successor(s) in interest or title to Keys
Affordable Development III, LLC for the duration of Keys Affordable Development III,
LLC'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 Permit for project contemplated herein. The City of Marathon shall further provide
prompt written notice to Monroe County of the issuance of Certificates of Occupancy for
the subject affordable housing units within thirty (30) business days after issuance of said
Certificates.
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All such notices under this Section ("Section 4.") shall be sent to the following addresses:
Monroe County County Administrator
1100 Simonton Street, Key West, FL 33040; and
Monroe County Planning & Environmental Resources Department
Attn: Senior Director
Subject: City of Marathon Interlocal Agreement
2798 Overseas Highway, Marathon, FL 33050; and
With a copy to:
Monroe County Attorney's Office
Attn: County Attorney
Subject: City of Marathon Interlocal Agreement
P.O. Box 1026
Key West, FL 33040
Failure of the City of Marathon or Keys Affordable Development III, LLC, 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 S. 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 LAWSNENUE: 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
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prevailing party is entitled to a reasonable attorney's fee and costs. This Agreement is not
subject to arbitration.
Section 10. NONDISCRIMINATION: The parties agree that there will be no
discrimination against any person, and it is expressly understood that upon a determination
by a court of competent jurisdiction that discrimination has occurred, this Agreement
automatically terminates without any further action on the part of any party, effective the
date of the court order. The parties agree to comply with all Federal and Florida statutes, and
all local ordinances, as applicable, relating to nondiscrimination. These include but are not
limited to (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 1.12.313, 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. NOSOLICITATION/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, zury 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 parry 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.
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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 h
Agreement or adopted after that date.
Section 14. INCONSISTENCY: If any item, condition, or obligation of this Agreement is in
conflict with other items of this Agreement, the inconsistencies shall be construed so as to give
meaning to those terms which limited the County's responsibility or 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 THIRD -PARTIES: Other than as stated herein, no
person or entity shall be entitled to rely upon the terns, or any of them, of this Agreement to
enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service
or program contemplated hereunder, and the parties agree that neither the County nor the
City, or any agent, officer, or employee of each shall have the authority to inform, counsel, or
otherwise indicate that any particular individual or group of individuals, entity or entities,
have entitlements or benefits under this Agreement separate and apart, inferior to, or superior
to the community in general or for the purposes contemplated in this Agreement.
Section 17. NO PERSONAL LIABILITY: No covenant or agreement contained herein
shall be deemed to be a covenant or agreement of any member, officer, agent or employee 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.
ZD
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
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With a copy to:
Monroe County Attorney's Office
Attn: County Attorney
Subject: City of Marathon Interlocal Agreement
P.O. Box 1026
Key West, FL 33040
Martin C. Flynn, Jr.
PO Box 540337
Merritt Island, FL 32954
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
Martin C. Flynn, Jr.
PO Box 540337
Merritt Island, FL 32954
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:
Un
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
By:
Assistant County Attorney
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MONROE COUNTY ATTORNEY
AOROVII
AS �TO:
SIEVEN T. WILLIAMS
ASSISTANT CO N'PY ATTORNEY
Date l t
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:
By:
David Migut, City Attorney
THE CITY OF MARATHON, FLORIDA
Mayor.
Date:
9 of 10
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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
04
Z
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
which existing residential dwelling units within the City are to be preserved as affordable J
housing, or contain an unlabeled featuring federal Housing and Urban Development (HUD)
00
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,
from time to time.
04
Z