Item H08BOARD 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.8
Agenda Item Summary #2447
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 53 Affordable Housing ROGO Allocations from Monroe
County to the City of Marathon. Unit breakdown by income levels is expected to be: 8 Very Low; 8
Low; 33 Median; and 4 Moderate. This ILA is proposed by Seaward Properties Redevelopment.
This is not a low income housing tax credit (LIHTC) project.
ITEM BACKGROUND:
Interlocal Agreement (ILA) request from the City of Marathon for 53 affordable housing allocations
City staff has indicated that a Development Agreement and an ILA is scheduled for review and
consideration by the City of Marathon Council on December 13, 2016.
The City has indicated that the applicant is requesting 53 allocations as follows:
8 Very Low - 50% of median (located at the Sombrero Country Club)
8 Low - 80% of median (1 BR's Seaward)
15 Median 100% of median (1 BR's Seaward)
18 Median 100% of median (2 BR Seaward)
4 Moderate 120% of median (3 BR Seaward)
The City has also indicated that this is not a project seeking low income housing tax credit (LIHTC)
funding.
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 321ow 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 hOLIsing allocations between government lUrisdictions within the
Florida limeys 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 (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 of growth 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. However, given this project is not a LIHTC
project, it doesn't leverage state funding and therefore is not as high of a priority. Given the number
of affordable allocations slated for projects in unincorporated Monroe, this may not be the primary
project for allocations.
DOCUMENTATION:
ILA Seaward
DRAFT —Seaward Development Agreement
City Seaward Properties - Site Plans
Monroe County ROGO balance and projected Affordable Housing projects
City of Marathon Affordable Proj ects_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:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
If yes, amount:
Mayte Santamaria
Completed
Assistant County Administrator Christine
Hurley
11/29/2016 2:33 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
11/29/2016 2:22 PM
Completed
11/29/2016 4:00 PM
11/29/2016 4:29 PM
11/28/2016 5:48 PM
11/28/2016 5:48 PM
11/29/2016 4:31 PM
11/29/2016 5:03 PM
12/14/2016 9:00 AM
INTERLOCAL AGREEMENT BETWEEN
MONROE COUNTY AND THE CITY OF MARATHON
TRANSFERRING AFFORDABLE HOUSING RESIDENTIAL ALLOCATIONS
This Agreement ("Agreement") is made and entered into this day of ,
2016, by and between Monroe County, a political subdivision of the State of Florida, whose
address is 1100 Simonton Street, Key West, Florida 33040 ("County") and the City of Marathon,
a municipal corporation of the State of Florida, whose address is 9805 Overseas Highway,
Marathon, Florida 33050 (the "City");
WITNESSETH:
WHEREAS, Monroe County and the City of Marathon recognize the value of regional
partnerships in smart growth; and
WHEREAS, Policy 101.2.15 of the Year 2010 Monroe County Comprehensive Plan
allows Rate of Growth Ordinance building permit allocations (ROGOs) for affordable housing
projects to be pooled and transferred between local government jurisdictions within the Florida
Keys Area of Critical State 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 ROGOs; and
WHEREAS, Monroe County and the City of Marathon recognize the potential economic
value of such transferable affordable allocations; and
WHEREAS, this Agreement is entered into according to the authority of Florida Statutes,
Section 163.01, et. seq., Florida Interlocal Cooperation Act of 1969, which states:
"It is the purpose of this section to permit local 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"; and
WHEREAS, the comprehensive plans of Monroe County and the City of Marathon
expressly identify interlocal agreements as a means of resolving issues mutually affecting their
respective jurisdictions; and
WHEREAS, SEAWARD PROPERTIES, LLC, a Florida limited liability company
(hereafter "Property Owner"), has submitted an application for the construction of fifty-three (53)
deed restricted affordable housing units; and
WHEREAS, the legal descriptions of the properties are attached hereto as Exhibit "A" and
Exhibit `B" and by reference made a part hereof.
WHEREAS, County hereby agrees to transfer to City fifty-three (53) affordable housing
allocations to allow Marathon to secure deed restricted affordable housing at the above properties.
public.
WHEREAS, the parties have determined that this Agreement is in the best interests of the
NOW, THEREFORE, the parties hereto agree as follows:
Section 1. TRANSFER: The parties agree to permit the transfer of fifty-three (53)
affordable housing ROGO allocations from Monroe County to the City of Marathon, and subject
to the conditions contained therein, including but not limited to:
a. The filing of a 99 year Affordable Housing Deed Restriction on all
of the fifty-three (53) affordable housing units pursuant to this Agreement and the
applicable requirements of the Code of Ordinances, City of Marathon, Florida and
similar requirements of the Florida Building Code.
b. The affordable housing shall be solely in the categories of income
as shown below and set forth in Section 104.03 of the City of Marathon Code.
c. , A detailed breakdown of the affordable housing allocations are set forth
below:
8 Very Low — 50% of median income (located at the FKR)
8 Low — 80% of median income (1 BR's Seaward)
15 Median — 100% of median income (1 BR's Seaward)
18 Median — 100% of median income (2 BR's Seaward)
4 Moderate — 120% of median income (3 BR's Seaward)
The breakdown by percentages is:
8 @ 50% median income = 15%
8 @ 80% median income = 15%
33 @ 100% median income = 62%
4 @ 120% median income = 8%
2
Section 2. ASSIGNMENT: Monroe County has assigned its rights to the affordable
allocations to the City and shall be designated as follows:
a. The fifty-three (53) affordable housing allocations are to be issued by the
City to be used specifically by Property Owners.
b. The affordable housing allocations shall be applied and designated as
affordable housing for the fifty-three (53) units to be constructed by the Property Owners.
Section 3. TERM: Subject to and upon the terms and conditions set forth herein, this
Agreement shall continue in force until fully performed by the parties and Property Owner or
until December 31, 2019 at which time said units will revert to the County if not utilized and
committed as described herein.
Section 4. NOTIFICATION: The City of Marathon shall (1) notify Monroe County of any
assignment(s) and successor(s) in interest or title to the Property Owner for the duration of the
ROGO allocations described in Section 1. ("Transfer") above, and (2) shall notify Monroe
County of any assignment(s) and successor(s) in interest or title to the ROGO allocations
described in Section 1. ("Transfer") above at least thirty (30) days prior to the date of such
transfer or succession by certified U. S. Postal Service Certified mail to the Monroe County
Planning & Environmental Resources Senior Director.
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
Planning & Environmental Resources Department
Attn: Senior Director
2978 Overseas Highway
Marathon, FL 33050
Section 5. GOVERNING LAWS/VENUE: This Agreement shall be construed
in accordance with and governed by the laws of the State of Florida and the United States.
Exclusive venue for any dispute arising under this Agreement shall be in the Sixteenth Judicial
Circuit in and for Monroe County, Florida. In the event of any litigation, the prevailing party
is entitled to a reasonable attorney's fee and costs. This Agreement is not subject to arbitration.
Section 6. NONDISCREVIINATION: 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 (20 U.S.C. s.
1975, as amended (42 U.S.C. ss. 6101-6107)), which prohibits discrimination on the basis of age;
(4) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; (5) The Comprehensive Alcohol Abuse And
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (6) The Public Health
Service Act of 1912, ss. 523 and 527, (42 U.S.C. ss. 290 dd-3 and 290 ee03), as amended, relating
to confidentiality of alcohol and drug abuse patient records; (7) The Americans With Disabilities
Act of 1990 (42 U.S.C. s. 1201 Note), as may be amended from time to time, relating to
nondiscrimination on the basis of disability; (8) The Florida Civil Rights Act of 1992, (Chapter
760, Florida Statutes, and Section 509.021, Florida Statutes), as may be amended from time to
time, relating to nondiscrimination; and (9) any other nondiscrimination provisions in any federal
or state statues or local ordinances which may apply to the parties to, or the subject matter of, this
Agreement.
Section 7. CODE OF ETHICS: The parties agree that their officers and employees
recognize and will be required to comply with the standards of conduct relating to public officers
and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to,
solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation;
misuse of public position, conflicting employment or contractual relationship; and disclosure or
use of certain information.
Section 8. NO SOLICITATION/PAYMENT: The parties warrant that, in respect to
itself, it has neither employed nor retained any company or person, other than a bona fide employee
working solely for it, to solicit or secure this Agreement and that it has not been paid or agreed to
pay any person, company, corporation, individuals, or firm, other than a bona fide employee
working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon
or resulting from the award or making of this Agreement. For the breach of violation of this
provision, each party agrees that the other party shall have the right to terminate this Agreement
without liability and, at its discretion, to offset from monies owed, or otherwise recover the full
amount of such fee, commission, percentage, gift, or consideration.
Section 9. SUBORDINATION: This Agreement is subordinate to the laws and
regulations of the United States and the State of Florida, whether in effect on commencement of
this Agreement or adopted after that date.
Section 10. INCONSISTENCY: If any item, condition, or obligation of this
Agreement is in conflict with other items of this Agreement, the inconsistencies shall be construed
so as to give meaning to those terms which limited the County's responsibility and liability.
Section 11. PUBLIC ACCESS TO RECORDS: The parties shall allow and permit
members of the public reasonable access to, and inspection of, all documents, papers, letters, or
other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by
the parties in conjunction with this Agreement.
Section 12. NON -RELIANCE BY NON-PARTIES: Other than as stated herein, no
person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to
gl
enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the parties agree that neither the County nor the City or any
agent, officer, or employee of each shall have the authority to inform, counsel, or otherwise
indicate that any particular individual or group of individuals, entity or entities, have entitlements
or benefits under this Agreement separate and apart, inferior to, or superior to the community in
general or for the purposes contemplated in this Agreement.
Section 13. NO PERSONAL LIABILITY: No covenant or agreement contained
herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee
of a party in his or her individual capacity, and no member, officer, agent or employee of a party
shall be liable personally on this Agreement or be subject to any personal liability or accountability
by reason of the execution of this Agreement.
Section 14. NOTICES: All notices and other communications hereunder must be in
writing and addressed as follows, or to any other address which either party may designate to the
other party by mail:
If to County: Roman Gastesi, Jr., County Administrator
Monroe County Historic Gato Building
1100 Simonton Street
Key West, Florida 33040
Planning & Environmental Resources Department
Attn: Senior Director
2798 Overseas Highway
Marathon, FL 33050
With a copy to: Robert B. Shillinger, Jr., Esquire
Monroe County Attorney's Office
P.O. Box 1026
Key West, Florida 33041-1026
If to City: Charles Lindsay
City Manager
City of Marathon
9805 Overseas Highway
Marathon, Florida 33050
George Garrett
Planning Director
City of Marathon
9805 Overseas Highway
Marathon, FL 33050
With a copy to: David Migut, Esquire
City Attorney
City of Marathon
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 Owner
Any notice required by this Agreement to be given or made within a specified period of
time, or on or before a date certain, shall be deemed to have been duly given if sent by certified
mail, return receipt requested, postage and fees prepaid; hand delivered, or sent by overnight
delivery service.
Section 15. ENTIRE AGREEMENT/MODIFICATION/AMENDMENT: This
writing contains the entire Agreement of the parties and supersedes any prior oral or written
representations. No representations were made or relied upon by either party, other than those that
are expressly set forth herein. No agent, employee, or other representative of either party is
empowered to modify or amend the terms of this Agreement, unless executed with the same
formality as this document.
Section 16. MISCELLANEOUS: Each party represents and warrants to the other that
the execution, delivery, and performance of this Agreement has been duly authorized by all
necessary corporate or other organizational action, as required.
Section 17. COUNTERPARTS: This Agreement may be executed in several
counterparts, each of which shall be deemed an original, and such counterparts shall constitute one
and the same instrument.
Section 18. SEVERABILITY: The provisions of this ILA are declared to be
severable, and if any sentence, section, clause, or phrase of this ILA shall, for any reason, be
held invalid or unconstitutional, such decision shall not affect the validity of the remaining
sentences, sections, clauses, or phrases,of the ILA, but they shall remain in effect it being the
legislative intent that this ILA shall stand notwithstanding the invalidity of any part.
Section 19 EFFECTIVE DATE: This Agreement shall take effect on the date setforth
above.
SIGNATURES ON FOLLOWING PAGES
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its
duly authorized representative.
(SEAL)
ATTEST: AMY HEAVILIN, CLERK
Deputy Clerk
ATTEST:
DIANE CLAVIER
City Clerk
(City Seal)
APPROVED AS TO FORM AND
LEGALITY FOR THE USE AND
RELIANCE OF THE CITY OF
MARATHON, FLORIDA ONLY:
David Migut
City Attorney
7
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Date:
Mayor/Chairperson
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Assistant County Attorney
THE CITY OF MARATHON, FLORIDA
Mayor Daniel Zieg Date
NION_'FOEOUNTY ATTO Y
ED NEAS TO F M:
f dEk -. WILLIAMS
ASSISTANT COUNTY OkTTORNEY
Date / 2 _76 1
Parcel I.D. Nos.:
RE4 0101050-000000
RE4 0101050-000100
(Space reserved for recording)
DEVELOPMENT AGREEMENT FOR
SEAWARD PROPERTIES LLC
MARATHON, FLORIDA
THIS DEVELOPMENT AGREEMENT ("Agreement") is en
the CITY OF MARATHON, FLORIDA, a Florida municipal corpora
"City"), and SEAWARD PROPERTIES LLC, a Florida limited lia
referred to as "Owner"); pursuant to Chapter 102, Article 8, o
Regulations of the City of Marathon, and the Florida Local (
Agreement Act, Sections 163.3220-163.3243, Florida Statutes, and i
Date set forth herein.
;red into by and between
ion (herein referred to as
ility company, (hereafter
the Land Development
overnment Development
binding on the Effective
WHEREAS, Owner owns real property located in Marathon, Monroe County, Florida,
more particularly described in Exhibit ; "A" (hereafter the "Property") (boundary survey),
attached hereto and incorporated herein by reference; and
WHEREAS, Owner is owned and controlled by the same parties as Florida Keys Resort
Holdings, LLC, a Florida limited liability company, the owner and developer of the Florida Keys
Resort, pursuant to a Development Agreement between Florida Keys Resort Holdings, LLC
(hereafter referred to as "FKRH") by assignment from Sombrero Country Club, Inc. (aka Florida
Keys Resort), and the City of Marathon, dated July 22, 2014, and recorded in Official Records
Book 2705, Page 2142, of the Public Records of Monroe County, Florida; assignment recorded
in Official Records Book 2804, Page 60, of the Public Records of Monroe County, Florida, and
which has joined in this Agreement for the purposes set forth herein; and
WHEREAS, FKRH is obligated to provide 14,618 s.f. of deed restricted workforce
housing for the Florida Keys Resort and shall utilize a portion of the workforce housing under
this Agreement to comply with this requirement; and
WHEREAS, FKRH has submitted Building Permit application 4P2016-0489 to construct
4,380 s.f. (eight (8) units) of employee housing on the Florida Keys Resort; and
and
WHEREAS, the Florida Keys Resort has eight (8) market rate residential entitlements;
Page 1 of 16
October 7, 2016
WHEREAS, Owner intends to develop, construct, and operate a residential community
comprised of ten (10) market rate single family residence units and forty-five (45) deed restricted
workforce housing/affordable Building Permit Allocation System (BPAS) units for a total of
fifty-five (55) residential units; and
WHEREAS, Owner has two (2) market rate entitlements associated with the Property and
proposes to be awarded by City, fifty-three (53) affordable housing allocations with forty-five
(45) to be built at the Property, and eight (8) to be built at the Florida Keys Resort site by
Owner's related company; and
WHEREAS, the City agrees to enter into an Interlocal Agreement with Monroe County
for the transfer of supplemental, Rate of Growth Ordinance (ROGO) Affordable allocations if
the City does not possess sufficient affordable units; and
WHEREAS, the construction and maintenance of
Marathon is a desirable goal and will serve to presen
economic gentrification; and
WHEREAS, the economic development
of both parties to this Agreement as well as the �
WHEREAS, the Marathon Planning
of 2016, to consider thi
Agreement; and
e housing within the City of
)rce housing in the face of
[is Agreement is in the best interest
in the City of Marathon; and
a public hearing on the day
recommended approval of this
WHEREAS, the City Council of 'Marathon held public hearings on the day of
, 2016, and the day of , 2016, to consider this
Agreement; and
WHEREAS, the City has determined that this Agreement is in the public interest and is
consistent with its policy to encourage the redevelopment of Marathon and will further the
health, safety, and welfare of the residents of Marathon; and
WHEREAS, either through awards from the State of Florida, or available affordable
housing units from Monroe County, the City of Marathon shall provide sufficient allocations of
affordable housing to allow the Owner an award that will allow a buildout of the entire project
by supplementing the development rights currently possessed by the Owner; and
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:
Page 2 of 16
October 7, 2016
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:
A. To encourage redevelopment of the Property consistent with Objective 1-3.4 in
the City's Comprehensive Plan.
B. To secure the ability to construct Developer'
property of fifty-five (55) residential housing units, ten (10) c
forty-five (45) of which shall be median and moderate income z
C. To secure the allocation of eight (8)
Florida Keys Resort which shall be low and median
D. To complete the transfer of th
from the Florida Keys Resort to the Property.
)sed development on the
i shall be market rate and
le housing.
:)rdable allocations for the
housing.
rate residential BPAS allocations
E. To complete the transfer of the thirty-nine (39) transient BPAS allocations from
the Property to the Florida Keys Resort.
IIL DEFINITIONS.
For the purposes of this Agreement, all terms shall have the definitions as found in the
Land Development Regulations (LDRs), 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. Seaward Properties LLC, is the owner of the
property, and the Developer, which Property is the subject of this Agreement, as described in
Exhibit B, Boundary and Topographic Survey. There are no other legal or equitable owners of
Page 3 of 16
October 7, 2016
the subject property known to the parties to this Agreement, other than IberiaBank, the mortgage
lienholder, and all have executed this Agreement.
B. Duration of Agreement and Submission of Permit Application. Owner shall have
a period of eighteen (18) months from the Effective Date of this Agreement to submit an
application for a building permit with the City to commence construction of the project
contemplated herein. The duration of this Agreement shall be five (5) years from the effective
date. Should the owner not commence construction within twenty-four (24) months of the
effective date of this Agreement, then this Agreement shall be null and void and the allocations
of affordable housing contained herein shall be null and void and said allocation shall revert to
the City. 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. Building Right Allocations. The City rec
possesses thirty-nine (39) transient unit rights, which are
Florida Keys Resort and two (2) market rate entitlements th
Owner shall transfer eight (8) market rate entitlements to
Resort property. In consideration of the construction of aff
moderate income residents of the City and the resulting put
waive the transfer fee for the eight (8) market rate entitlem�
City shall assign forty—five (45) affordable housing alloc
affordable housing allocations to the Florida Keys Resort.
D. Affordable Housii
City's LDRs as: "Dwelling ur
habitable space meet all applicab
Urban Development minimum_ l
building materials, when not it
perpetuity or as allowed by law f
requirements of at least one (1)
moderate or middle. The requix
104, "Specific Use Regulations"
ognizes that the Property currently
to be transferred by Owner to the
at shall remain on the Property. The
the Property from the Florida Keys
)rdable units serving the median and
tic benefit to the City, the City shall
;nts transferred to the property. The
itions to the property and eight (8)
AffordableHousing is defined in Section 110.00 of the
which contain less than or equal to 1,800 square feet of
,quirementsof the United States Department of Housing and
,erty standards as to room sizes, fixtures, landscaping and
nflict with applicable laws of City; and are restricted in
minimum 50-year period to use by households that meet the
the following income categories: Very -low, low, median,
ants for these income categories are as provided in Chapter
It is agreed that the affordable housing provided on the Property shall comply
with the median and moderate income standards as set forth in Section 104.03 (c) and 104.03 (d)
of the Marathon City Code. It is further agreed, that the affordable housing provided at Florida
Keys Resort shall comply with the very low (50% of median income) income standards as set
forth in Section 104.03(b) and Section 104.03 (b) Marathon City Code.
It is agreed the standard is based on the 80% (low), 100 % (median) and 120%
(moderate) adjusted median income (AMI) per annual HUD AMI and Federal Housing Finance
Corporation (FHFC) rent charts for 1 bedroom, 2-bedroom and 3- bedroom units for Monroe
County. For illustrative purposes, current rent charts for HUD and FHFC are attached hereto for
reference as Exhibits. The rents charged per unit shall be based on the number of bedrooms and
not the number of occupants as illustrated in the HUD and FHFC charts.
Page 4 of 16
October 7, 2016
Four thousand three hundred and eighty (4,380) square feet of affordable housing
(developed as eight (8) affordable housing units) are assigned to the Florida Keys Resort, and
shall be applied toward the workforce housing requirement in Paragraph II, B, of the
Development Agreement for the Florida Keys Resort property. The balance of the requirement
shall be located at the Property.
E. A detailed breakdown of the affordable housing allocations are set forth below:
8 Very Low — 50% of median income (located at the FKR)
8 Low — 80% of median income (1BR's Seaward)
15 Median — 100% of median income (1 BR's Seaward)
18 Median — 100% of median income (2 BR's Seaward)
4 Moderate — 120% of median income (3 BR's Seaward)
The breakdown by percentages is:
8 @ 50% median income =
15%
8 @ 80% median income =
15%
33 @ 100% median income
= 62%
4 @ 120% median income
= 8%
F. Sale or Lease.
Marathon regarding sale or
anticipates establishing the of
units are sold, individually or
City shall be imposed with a n
with duration of ninety-nine
occupancy.
•ees to comply with all the requirements of the City of
the affordable housing units. In addition Owner
Lts as rental units, but in the event that the affordable
ie affordable housing deed restrictions required by the
the deed, as required by City Code, the deed restriction
from the date of the issuance of the certificate of
G. Density and Building Height. The property is located in a Mixed Use Zoning
District as defined in the Land Development Regulations. Maximum building height permitted
on the property is thirty-seven (37) feet. Pursuant to City Code Section 102.126, the Planning
Director has granted a 9.5% variance to the height requirement in order permit an architectural
feature on the ten (10) single-family homes. The height variance approved allows a height of
40' 6" limited to a stair tower to provide for access to the roof for HVAC maintenance and to a
roof deck.
H. Public Facilities, Concurrency, Impact Fees. The following identifies the public
facilities that are required that will service the development of the Property: who shall provide
the facilities; what new facilities, if any, will be constructed; and a schedule to assure public
facilities are available concurrent with the impacts of development.
1. Potable Water. Domestic potable water is provided by the Florida Keys
Aqueduct Authority.
Page 5 of 16
October 7, 2016
2. Electric Service. Electric service is provided by Florida Keys Electric
Service.
3. Solid Waste. Solid waste service is provided by Marathon Garbage
Service or its successors and assigns, as determined by the City Council.
4. Fire Service. Fire service is provided by the Marathon Fire Department.
5. Wastewater, Sewage Collection and Disposal. Wastewater and sewage
collection, treatment, and disposal shall be done by connection to the City sewer system.
6. Public Recreational Facilities. Public recreational facilities shall be
addressed through impact fees, if any.
7. Stormwater Management. A stormwater management system that meets
all applicable local, state, and federal requirements shall be constructed on site as part of
the site development of the Property. 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. Fire Protection. In connection with the Owner's development of the
Property, 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.
9. Concurrency. All ;public facilities, with the exception of Wastewater,
identified above are available as of the date of this Agreement, and capacity for each is
projected to be available concurrent with the impacts of development. Wastewater
capacity is available through the Central Sewer system for the City of Marathon.
10. Impact Fees. Any increased impacts on public facilities or public services
attributable to each unit developed on the Property, and the cost of capital improvements
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 applicable City of Marathon impact fees required by ordinance then in effect, as well
as by payment by Owner of any applicable utility system development fees. Owner
agrees to pay impact fees pursuant to any applicable impact fee ordinances adopted
within twenty-four (24) months of the Effective Date of this Agreement, provided such
ordinance applies equally and uniformly to all redevelopment in the City of Marathon.
The City shall waive the impact fees for the affordable units allowed pursuant to
Section 111.02 F.3(f).
L 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 development
of the Property, but is currently unaware of the specifics of such reservation(s) or dedication(s).
Page 6 of 16
October 7, 2016
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 dedications
may include, by way of example, easements necessary for the provision of stormwater, utility
and wastewater services to the Property.
J. Local Development Permits. The following City development approvals are
required for the development of the Property.
1. This Development Agreement.
2. Conditional Use Approval.
3. 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.
4. Local Permits for Stormwater Runoff Nothing in this Agreement shall
preclude the parties from applying conditions in addition to Federal, State and regional
permits, by mutual agreement, during final site plan review or permitting.
K. Finding of Consistency. By entering into this Agreement, the City finds that the
development permitted or proposed herein is consistent with and furthers the Comprehensive
Plan, applicable LDRs and the Principles for Guiding Development set forth in Section
380.0552(7), Florida Statutes.
L. Mutual Cooperation.City, Owner, and Developer agree to cooperate fully and
assist each other in the performance of the provisions of this Agreement.
M. 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.
N. 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.
O. 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
Page 7 of 16
October 7, 2016
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:
a. 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;
b. The new laws and policies are
or welfare, and the City expressly states that
that is subject to this Agreement;
C. The City demonstr
pertinent conditions existing at the
d. The A
supplied by Owner.
Provided, however, no
agreeing to apply subsequently
3. If state or
preclude any party's corr
necessary to comply wit
shall not be construed to
law.
to
to the public health, safety,
1 apply to the development
ial changes have occurred in
of this Agreement; or
tially accurate information
t shall prohibit the parties from mutually
laws enacted after the Effective Date of this Agreement
with the terms of this Agreement, it shall be modified as
levant state or Federal laws. However, this Agreement
or abrogate any rights that may vest pursuant to common
P. 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 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
Page 8 of 16
October 7, 2016
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
Q. Breach of Agreement and Cure Provisions.
1. If the City concludes
Agreement by Owner, prior to revol
notice on Owner identifying the term
breached and providing Owner with
notice to cure the breach or negotiat
following events shall be considered a
a.
that there has been a material breach in this
ng this Agreement, the City shall serve written
r condition the City contends has been materially
unety (90) days from the date of receipt of the
an amendment to this Agreement. Each of the
-iaterial breach of this Agreement:
the provisions of this Agreement;
b. Failure to comply with terms and conditions of permits issued by
the City or other regulatory entity for the development authorized by this
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:
a. Failure to comply with the provisions of this Agreement;
b. 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.
Page 9 of 16
October 7, 2016
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.
R. 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:
Peter Rosasco, Authorize
Seaward Properties LLC
8085 Overseas Highway
(3
by regular U.S. Mail to:
D. Wright, Esq.
Law Offices of Thomas D. Wright
9711 Overseas Highway
Marathon, FL 33050
(305) 743-8118
TO FKRH:
Florida Keys Resort Holdings, LLC
c/o Peter Rosasco
8085 Overseas Highway
Marathon, FL 33050
(305) 743-6586
Page 10 of 16
October 7, 2016
With a copy by regular U.S. Mail to:
Thomas D. Wright, Esq.
Law Offices of Thomas D. Wright
9711 Overseas Highway
Marathon, FL 33050
(305) 743-8118
TO MORTGAGE LIENHOLDER:
IBERIABANK
2150 Goodlette Frank Rd N.
Naples, FL 34102
TO THE CITY:
Chuck Lindsey, City Manager
City of Marathon
9805 Overseas Highway
Marathon, Florida 33050
(305) 743-0033
With a copy by regular U.S. Mail to
David l
City of
0
74
a
S. 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.
T. 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.
U. Binding Effect. This Agreement shall be binding upon the parties hereto, their
successors in interest, heirs, assigns, and personal representatives.
Page 11 of 16
October 7, 2016
V. Assignment. This Agreement may not be assigned without the written consent of
the parties, which consent shall not be unreasonably withheld.
W. 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.
X. 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 enforceability or validity of the remaining provisions of this
Agreement.
Y. Applicable Laws. This Agreement was
Florida and shall be construed and enforced in accordance
Z. Litigation/Attorneys Fees, Venue, Waiv
City and Owner, in the event of any litigation arising c
shall be entitled to recover all reasonable costs incurre
reasonable attorney's fees. This includes, but is not
attorney's fees and costs incurred with respect to any
trial proceedings related to this Agreement. Venue fc
Agreement shall be in Monroe County, Florida_
delivered in the State of
of the State of Florida.
Right to Jury Trial. As between the
this Agreement, the prevailing party
L respect to such litigation, including
;d to, reimbursement for reasonable
date, bankruptcy, post judgment, or
legal proceeding arising out of this
THE PARTIES TO THIS AGREEMENT WAIVE THE RIGHT TO A JURY TRIAL IN ANY
LITIGATION ARISING OUT OF THIS AGREEMENT.
A.A. Use of Singular and Plural. Where the context requires, the singular includes the
plural, and plural includes the singular.
B.B. Duplicate Originals, Counterparts. 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.
C.C. Headings. 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.
D.D. 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.
Page 12 of 16
October 7, 2016
E.E. Recording; 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.
F.F. Date of Agreement. The Date of this Agre
and acknowledges this Agreement.
IN WITNESS WHEREOF, the parties hereto l
and year below written. Signed, sealed, and delivered i
WITNESSES:
Wit. 41 - Signature
Printed Name of Wit. 41
Wit. 42 — Signature
Printed Name of Wit. 42
STATE OF FLORIDA
COUNTY OF MONROE
the date the last party signs
and seals on the day
presenc
PROPERTIES LLC,
ited liability company
Peter L. Rosasco, President
The following instrument was acknowledged before me on this day of
, 2016, by Peter L. Rosasco, as President of Seaward Properties, LLC, a
Florida limited liability company, who is personally known to me or who produced
as identification, and who did/did not take an oath.
Notary Public, State of Florida
My commission expires:
Page 13 of 16
October 7, 2016
WITNESSES:
Wit. 41 - Signature
Printed Name of Wit. 41
Wit. 42 — Signature
Printed Name of Wit. 42
STATE OF FLORIDA
COUNTY OF MONROE
The following instrument
, 2016, by Petei
LLC, a Florida limited liability c
FKRH
FLORIDA KEYS RESORT
HOLDINGS, LLC,
a Florida limited liability company
an
Peter L. Rosasco, President
cknowledged before me on this day of
asco, as President of Florida Keys Resort Holdings,
who is personally known to me or who produced
as identification, and who did/did not take an oath.
Notary Public, State of Florida
My commission expires:
Page 14 of 16
October 7, 2016
WITNESSES:
Wit. 41 - Signature
Printed Name of Wit. 41
Wit. 42 — Signature
Printed Name of Wit. 42
STATE OF
COUNTY OF
The following instrument was
, 2016, by
IberiaBank, a Louisiana banking corpor
MORTGAGE LIENHOLDER
IBERIABANK,
a Louisiana banking corporation
II
Its
cknowledged before me on this day of
, as of
>n, who is personally known to me or who produced
as identification, and who did/did not take an oath.
Notary Public, State of Florida
My commission expires:
Page 15 of 16
October 7, 2016
On the day of
this Agreement by Resolution No.
ATTEST:
Diane Clavier
City Clerk
2016, The City Council of the City of Marathon approved
APPROVED AS TO FROM AND LEGALITY
FOR THE USE AND RELIANCE OF THE
CITY OF MARATHON, FLORIDA ONLY.
David Migut, Esq., City Attorney
CITY OF MARATHON
Mark Senmartin
Mayor
Page 16 of 16
October 7, 2016
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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,
Z-
from time to time.
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