Item H10BOARD OF COUNTY COMMISSIONERS
County of Monroe A
Mayor George Neugent, District 2
The Florida. Keys w) Mayor Pro Tem David Rice, District 4
y �r Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
December 14, 2016
Agenda Item Number: H.10
Agenda Item Summary #2449
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Mayte Santamaria (305) 289-2500
n/a
AGENDA ITEM WORDING: Approval to rescind an Interlocal Agreement (ILA) between
Monroe County and City of Marathon transferring 32 low income and 4 very low income (36 total)
affordable housing ROGO allocations to the City of Marathon for a project known as Anchorage
Homes.
ITEM BACKGROUND:
September 2015, the BOCC approved two IL,As 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 (Beneficial
Development 16, LLC) was 41 low income and 5 very low income). These previous IL,As 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.
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
16, 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:
rescind agreement
STAFF RECOMMENDATION: Approval to rescind ILA.
DOCUMENTATION:
Sept 2015 IL,A_Anchorage Homes
City of Marathon Affordable Projects_provided 11-29-16
Monroe County ROGO balance and projected Affordable Housing projects
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Mayte Santamaria Completed
Assistant County Administrator Christine Hurley
11/29/2016 1:53 PM
Steve Williams
Completed
Jaclyn Carnago
Completed
Budget and Finance
Skipped
Maria Slavik
Skipped
Mayte Santamaria
Completed
Kathy Peters
Completed
Board of County Commissioners
Pending
11/28/2016 6:51 PM
Completed
11/29/2016 2:12 PM
11/29/2016 2:23 PM
11/28/2016 6:17 PM
11/28/2016 6:17 PM
11/29/2016 2:37 PM
11/29/2016 3:30 PM
12/14/2016 9:00 AM
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Filed $ Recorded in Official Records of
MONROE COUNTY AMY HEAVILIN
INTERLOCAL AGREEMENT BETWEEN
MONROE COUNTY1 THE CITY OF MARATHON
TRANSFERRING AFFORDABLE HOUSING RESIDENTIAL ALLOCATION
This Agreement ("Agreement") is made and entered into this day of , 2015,
by and between Monroe County, a political subdivision of the State of Florida, whose address is
1100 Simonton Street, Ivey 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„)
ITEET:
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 (ROGGs) for affordable housing projects to
be pooled and transferred between local government jurisdictions within the Florida Keys Area of
Critical Concern, if accomplished through an interlocal agreement between the sending and
receiving local governments; and
WHEREAS, Chapter Five (5) of the City Comprehensive Plan identities 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 sect., Florida Interlocal Cooperation Act of 1969, which states:
"It is the purpose of this section to permit local governmental units to make the most
efficient use of their powers by enabling them to cooperate with other localities on a
basis of mutual advantage and thereby to provide services and facilities in a manner
and pursuant to forms of governmental organization that will accord best with
geographic, economic, population, and other factors influencing the needs and
development of local communities"; and
WHEREAS, the comprehensive plans of Monroe County and the City of Marathon
expressly identify interlocal agreements as a means of resolving issues mutually affecting their
respective jurisdictions; and
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WHEREAS, the State of Florida Housing Finance Corporation (FHFC) Low Income
Housing Tax Credits (LIHTC) application deadline is October 15, 2015; and
WHEREAS, Anchorage Homes, LLC, and/or Seagrass Village, Ltd., a Florida limited
partnership and or their assigns will be an applicant for FHFC LIHTC funding for 36 affordable
housing units (hereinafter referred to as "project") expected to be ranked and approved by the spring
of 2016, with closing on the project expected to occur by the Fall of2016; and
WHEREAS, Anchorage Homes, LLC is an applicant for a Major Conditional Use to obtain
approval for a project that includes thirty-six (36) affordable housing units expected to be heard and
approved by the City of Marathon Planning Commission on September 21, 2015, after the Monroe
County Board of County Commission is expected to the consider this Agreement at the following
site:
LEGAL DESCRIPTION - OFFICIAL RECORDS BOOK 1874, PG 87
Tract Eight (8) in EDMONDS ACREAGE TRACTS, according to the Plat thereof; as
recorded in Plat Book 2 at Page 100 of the Public Records of Monroe County, Florida;
LESS all of DAY'S SUBDIVISION, according to the plat thereof, as recorded in Plat Book
3 at Page 15 of the Public Records of Monroe County,
AND
A parcel of bay bottom land in the Straits of Florida South of and adjacent to Government
Lot 1, Section 11, Township 66 South, Range 32 East of Key Vaca, Monroe County, Florida
and being more particularly described by metes and bounds as follows:
Commencing at the intersection of the West line of Government Lot 1, Section 11,
Township 66 South, Range 32 East and the Southeasterly right-of-way line of U.S. Highway
No. 1, bear Northeasterly along the Southeasterly right-of-way line of U.S. Highway No. I
for a distance of 746.2 feet to a point; thence bear due South for a distance of 1450 feet,
more or less, to a point on the shoreline of the Straits of Florida, said point also know as the
point of beginning of the parcel of bay bottom land hereinafter described, from said point of
beginning, continue bearing South for a distance of 1140 feet, more or less, to a point;
thence at right angles and East for a distance of238.88 feet to a point; thence at right angles
and North for a distance of 1480 feet, more or less, back to the shoreline; thence meander
the shoreline in a Southwesterly direction back to the point of beginning, containing 8.0
acres, more or less, and lying and being in the County of Monroe in said State of Florida.
Tract Eight (8) in EDMONDS ACREAGE TRACTS, according to the Plat thereof, as
recorded in Plat Book 2 at Page 100 of the Public Records of Monroe County, Florida;
LESS all of DAYS SUBDIVISION, according to the plat thereof, as recorded in Plat Book
3 at Page 15 of the Public Records of Monroe County, Florida, being more particularly
described by metes and bounds as follows:
Commencing at the intersection of the West line of Government Lot 1, Section 11,
Township 66 South, Range 32 East and the Southeasterly right-of-way line of U.S. Highway
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No. 1, bear Northeasterly along the Southeasterly right-of-way line of U.S. Highway No. I
for a distance of 746.2 feet to a point; thence bear due South for a distance of 880.00 feet to
the Point of Beginning:
thence bear due East for a distance of 23 8.8 8 feet;
thence due South for a distance of 534.73 feet to the Mean High Water Line;
thence along the Mean High Water Line for the following five Calls:
thence S75°10'42"W for 20.96 feet; thence N89°2523"W for 66.96 feet;
thence S83°19'51 "W for 43.16 feet; thence N87°20'34"W for 81.33 feet;
thence S60°06'13"W for 31.78 feet; thence leaving the Mean High Water Lane due North for
a distance of 556.50 feet back to the Point of Beginning. Containing 129,452 sq. ft. (2.97
acres)
TOGETHER WITH:
PROPERTY DESCRIPTION
A parcel of bay bottom land in the Straits of Florida, South of and adjacent to Government
Lot 1, Section 11, Township 66 South, Range 32 East of Key Vaca, Monroe County,
Florida, being more particularly described by metes and bounds as follows:
Commencing at the intersection of the West line of Government Lot 1, Section 11,
Township 66 South, Range 32 East and the Southeasterly right-of-way line of U.S. Highway
No. 1, bear Northeasterly along the Southeasterly night -of -way line of U.S. Highway No. I
for a distance of 746.2 feet to a point; thence bear due South for a distance of 1450 feet,
more or less, to a point on the shoreline of the Straits of Florida, said point also to be known
as the point of beginning of the parcel of bay bottom land hereinafter described; from said
point of beginning, continue bearing South for a distance of 1440 feet, more or less, to a
point; thence at right angles and East for a distance of 238.88 feet to a point; thence at right
angles and North for a distance of 1480 feet, more or less, back to the shoreline; thence
meander the shoreline in a Southwesterly direction back to the point of beginning,
containing 8.0 acres, more or less, and lying and being in the County of Monroe in said State
of Florida, being more particularly described by metes and bounds as follows:
Commencing at the intersection of the West line of Government Lot 1, Section 1.1,
Township 66 South, Range 32 East and the Southeasterly right-of-way line of U.S. Highway
No. 1, bear Northeasterly along the Southeasterly right-of-way line of U.S. Highway No. 1
for a distance of 746.2 feet to a point, thence bear due South for a distance of 1436.50 feet to
the Mean High Water Line, said point also to be known as the Point of Beginning of the
parcel of bay bottom land hereinafter described; from said Point of Beginning, continue
bearing due South for a distance of 1453.50 feet; thence at right angles and due East for a
distance of 238.88 feet; thence at right angles and due North for a distance of 1475,27 feet
back to the Mean High Water Line;
thence along the Mean High Water Line for the following five Calls:
thence S75° 10'42"W for 20.96 feet; thence N89°2523 "W for 66.96 feet;
thence S83°1951"W for 43.16 feet; thence N87°20'34"W for 81.33 feet;
thence S60°06'13"W for 31.78 feet back to the Point of Beginning. Containing 350,698 sq.
ft. (8.05 acres), and
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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 up to thirty- six (36)-
comprised of thirty-two (32) low-income category and four (4) very low income category ROGO
allocations from Monroe County to the City of Marathon for allocation, pursuant to this Agreement,
and subject to the conditions contained therein, including but not limited to:
a. Anchorage Homes, LLC, or its assignee, obtaining a Conditional Use approval prior to
March 15, 2016.
b. Anchorage Homes, LLC and/or Seagrass Village, Ltd., or their assignee, constructing
and obtaining a certificate of occupancy for the affordable units related to such
allocations prior to December 31, 2019.
c. The filing of a 99 year Affordable Housing Deed Restriction on the new affordable
housing units pursuant to this Agreement and the applicable requirements of the Code of
Ordinances, City of Marathon, Florida.
Section 2. ASSICNMENT: Monroe County has assigned its rights to the affordable
allocations to the City, and the thirty-six (36) affordable housing allocations are to be issued by the
City to be used specifically by Anchorage Domes, LLC, or its successor or assign (Assignment
attached as Exhibit "A"), at the development in Marathon known as 'Seagrass located on 64lb
Street, Ocean, Marathon, Florida 33050 (Legal Description attached as Exhibit " "). In the event
the subject project or, as applicable, Anchorage Homes, 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 36 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 to necessitate the reverted clause.
Section 3. TERM: Subject to and upon the terms and conditions set forth herein, this
Agreement shall continue in force until one of the following occur:
1. The project is not granted funding by FHFC LIHTC program in the FY15-16 or FY 16-
17 competitive cycle; or
2. The project does not complete construction and does not obtain certificates of occupancy
for 36 units by December 31, 2019. All units for which certificates of occupancy are
issued prior to December 31, 2019 shall remain subject to this agreement irrespective of
whether all 36 units contemplated herein receive certificates of occupancy.
Section 4. NOTIFICATION: The City of Marathon shall (1) notify Monroe County of any
assignment(s) and successor(s) in interest or title to Anchorage Homes LLC for the duration of
Anchorage Homes LLC's and/or Seagrass 'Village, Ltd.'s interest(s) in the ROOO allocations
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described in Section 1. ("Transfer") above, and (2) shall notify Monroe County of any
assigninent(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. City of Marathon shall provide written notice to Monroe County of the
extension, termination, or expiration of the Conditional Use Permit for the Anchorage Homes, LLC
and/or Seagrass Village, Ltd."s project. City of Marathon shall provide written notice to Monroe
County of the issuance of Certificates of Occupancy for the affordable units within thirty (30) days
after issuance of said certificates.
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
Planning & Environmental resources Department
Attn: Senior Director
2798 Overseas Highway, Marathon, FL 33050
Failure of the City of Marathon or Anchorage Homes, LLC, and/or Seagrass Village Ltd., or
their assign(s) or successor(s) in interest or title to perform any act required by this Section or any
other requirement of this Agreement shall neither impair nor limit the validity of this interlocal
agreement or limit its enforceability in any way.
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. 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 (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 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 mote), as
may be amended from time to time, relating to nondiscrimination on the basis of disability, (8) The
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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 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 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 tide 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 ironies 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 or 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 -PANTIES: Other than as stated herein, no person
or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or
attempt to enforce any third -party claim or entitlement to or benefit of any service or program
contemplated hereunder, and the parties agree that neither the County nor the City, or any agent,
officer, or employee of each shall have the authority to inform, counsel, or otherwise indicate that
any particular individual or group of individuals, entity or entities, have entitlements or benefits
under this Agreement separate and apart, inferior to, or superior to the community in general or for
the purposes contemplated in this Agreement.
Section 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
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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: In addition to those communication 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 County: Roman Gastesi, Jr., County Administrator
Monroe County Historic Gato Building
1100 Simonton Street
Ivey 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
Ivey West, Florida 33041-1026
Gregory S. Oropeza, Esq. (Attorney for Owner/Developer)
Smith I Oropeza I Hawks, P.L.
138 Simonton Street
Ivey West, Florida 33040
If to City: City Manager
9805 Overseas Highway
Marathon, Florida 33050
George Garrett
Planning Director
City of Marathon
9805 Overseas Highway
Marathon, Florida 33050
With a copy to: David Migut, Esquire
City Attorney
City of Marathon
9805 Overseas Highway
Marathon, Florida 33050
Gregory S. Oropeza, Esq. (Attorney for Owner/Developer)
Smith [ Oropeza I Hawks, P.L.
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138 Simonton Street
Ivey West, Florida 33040
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. EFFECTIVE DATE: This Agreement shall tape effect on the date set forth
WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
k t)resentative.
F�
AMY HEAVILIN, CLERK.
By; _
Clerk
By: a
Mayor nny L, K(Aiage low
Date; I 1-7 ) 1
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY
tt
By
_ At---7,
Assistant County Attorney
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ATTEST: THE CITY OF MARATHON, FLORIDA
By: By:
DIANE CLAVIER Mayor Chris Bull
City Clerk
Date:
(City Seal)
-0
David igut, City Attorney
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Sponsored by: Puto
BETWEEN MONROE AND THE CITY OF MARATHO
TRANSFERRING AFFORDABLE '
ALLOCATIONSESIDENTIA
r PROJECTO
AND PROVIDING D,
WHEREAS, the City of Marathon (the "City") wishes to enter into an Interlocal Agreement
with Monroe County (the "County") for the purposes of Transferring affordable housing unit
allocations; and
WHEREAS, the Interlocal Agreement with the County is in the best interest of Monroe
County and the City of Marathon for the purposes of providing opportunities for affordable housing,
NOW, THEREFORE,.
Y THE CITY COUNCIL OF THE CITY
OF MARATHON,FLORIDA,
Section 1. The above recitals are true and correct and incorporated herein.
Section 2. The Interlocal Agreement (ILA) attached hereto as Exhibit "A", between
Monroe County and the City of Marathon Transferring .Affordable Housing Residential Allocations
For A Project Known As Anchor Homes LLC is hereby approved. The Mayor is authorized to sign
the ILA on behalf of the City, and the City Manager is authorized to expend budgeted funds on
behalf of the City.
Section 3. This resolution shall tape effect immediately upon its adoption.
PASSED i APPROVED,
MARATHON,DAY OF OCTOBER,
Mayor Chrisull
AYES: Kelly, Senrnartin, Zieg, Bull
NOES: None
ABSENT: Keating
ABSTAIN: None
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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 iigut, City orney
8kcft
#1 27848��gq 1629
INTERLOCAL AGREEMENT BETWEEN
MONROE COUNTY AND THE CITY OF MARATHON
TRANSFERRING AFFORDABLE
This Agreement ("Agreement") is made and entered into this day of , 2015,
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").
WI NESSET
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 (ROGas) for affordable housing projects to
be pooled and transferred between local government jurisdictions within the Florida Keys .Area of
Critical Concern, if accomplished through an interlocal agreement between the sending and
receiving local governments; and
WHEREAS, Chapter Five (5) of the City Comprehensive flan 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 governmental units to male 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
expressly identify interlocal agreements
respective jurisdictions; and
plans of Monroe County and the City of Marathon
as a means of resolving issues mutually affecting their
00045800 - v1
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WHEREAS, the State of Florida Housing Finance Corporation (FHFC) Low Income
Housing Tax Credits (LIHTC) application deadline is October 15, 2015; and
WHEREAS, Anchorage Homes, LLC, and/or Seagrass Village, Ltd., a Florida limited
partnership and or their assigns will be an applicant for FHFC LITC funding for 36 affordable
housing units (hereinafter referred to as "project") expected to be ranked and approved by the spring
of 2016, with closing on the project expected to occur by the Fall of 2016; and
WHEREAS, Anchorage Homes, LLC is an applicant for a Major Conditional Use to obtain
approval for a project that includes thirty-six (36) affordable housing units expected to be heard and
approved by the City of Marathon Planning Commission on September 21, 2015, after the Monroe
County Board of County Commission is expected to the consider this Agreement at the following
site:
LEGAL DESCRIPTION - OFFICIAL RECORDS BOOK 1874, PG 87
Tract Eight (8) in EDMONDS ACREAGE TRACTS, according to the Plat thereof, as
recorded in Plat Book 2 at Page 100 of the Public Records of Monroe County, Florida;
LESS all of DAY'S SUBDIVISION, according to the plat thereof, as recorded in Plat Book
3 at Page 15 of the Public Records of Monroe County,
AND
A parcel of bay bottom land in the Straits of Florida South of and adjacent to Government
Lot 1, Section 1.1, Township 66 South, Range 32 East of Ivey Vaca, Monroe County, Florida
and being more particularly described by metes and bounds as follows:
Commencing at the intersection of the West line of Government Lot 1, Section 11,
Township 66 South, Range 32 East and the Southeasterly right-of-way line of U.S. Highway
No. 1, bear Northeasterly along the Southeasterly night -of -way line of U.S. Highway No. I
for a distance of 746.2 feet to a point; thence bear due South for a distance of 1450 feet,
more or less, to a point on the shoreline of the Straits of Florida, said point also know as the
point of beginning of the parcel of bay bottom land hereinafter described, from said point of
beginning, continue bearing South for a distance of 1.140 feet, more or less, to a point;
thence at right angles and East for a distance of 238.88 feet to a point; thence at right angles
and North for a distance of 1480 feet, more or less, back to the shoreline; thence meander
the shoreline in a ;Southwesterly direction back to the point of beginning, containing 8.0
acres, more or less, and lying and being in the County of Monroe in said State of Florida.
PROPERTY DESCRIPTION
Tract Eight (8) in EDMONDS ACREAGE TRACTS, according to the Plat thereof, as
recorded in Plat Book 2 at Page 100 of the Public Records of Monroe County, Florida;
LESS all of DAY'S SUBDIVISION, according to the plat thereof, as recorded in Plat Book
3 at Page 15 of the Public Records of Monroe County, Florida, being more particularly
described by metes and bounds as follows:
Commencing at the intersection of the Nest line of Government Lot 1, Section 11,
Township 66 South, Range 32 East and the Southeasterly right-of-way line of U.S. Highway
00045800 - v1 2
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No. 1, bear Northeasterly along the Southeasterly right-of-way line of U.S. Highway No. 1
for a distance of 746.2 feet to a point; thence bear due South for a distance of 880.00 feet to
the Point of Beginning:
thence bear due East for a distance of 238.88 feet;
thence due South for a distance of 534.73 feet to the Mean High Water Line;
thence along the Mean High Water Line for the following five Calls:
thence S75° 10'42"W for 20.96 feet; thence N89°25'23 "W for 66.96 feet;
thence S83a19'51"W for 43.16 feet; thence N87°20'34"W for 81.33 feet;
thence S60°06'I3"W for 31.78 feet; thence leaving the Mean High Water Line due North for
a distance of 556.50 feet back to the Point of Beginning. Containing 129,452 sq. ft. (2.97
acres)
PROPERTY DESCRIPTION
A parcel of bay bottom land in the Straits of Florida, South of and adjacent to Government
Lot 1, Section 11, Township 66 South, Range 32 East of Key Vaca, Monroe County,
Florida, being more particularly described by metes and bounds as follows:
Commencing at the intersection of the West line of Government Lot 1, Section 11,
Township 66 South, Range 32 East and the Southeasterly right-of-way line of U.S. Highway
No. 1, bear Northeasterly along the Southeasterly right-of-way line of U.S. Highway No. 1
for a distance of 746.2 feet to a point; thence bear due South for a distance of 1450 feet,
more or less, to a point on the shoreline of the Straits of Florida, said point also to be known
as the point of beginning of the parcel of bay bottom land hereinafter described, from said
point of beginning, continue bearing South for a distance of 1.440 feet, more or less, to a
point; thence at right angles and East for a distance of 238.88 feet to a point; thence at right
angles and North for a distance of 1480 feet, more or less, back to the shoreline; thence
meander the shoreline in a Southwesterly direction back to the point of beginning,
containing 8.0 acres, more or less, and lying and being in the County of Monroe in said State
of Florida, being more particularly described by metes and bounds as follows:
Commencing at the intersection of the West line of Government Lot 1, Section 11,
Township 66 South, Lange 32 East and the Southeasterly right-of-way line of U.S. Highway
No. 1, bear Northeasterly along the Southeasterly right-of-way line of U.S. Highway No. 1
for a distance of 746.2 feet to a point; thence bear due South for a distance of 1436.50 feet to
the Mean High Water Line, said point also to be known as the Point of Beginning of the
parcel of bay bottom land hereinafter described; from said Point of Beginning, continue
bearing due South for a distance of 1453.50 feet; thence at right angles and due East for a
distance of 238.88 feet; thence at right angles and due North for a distance of 1475.27 feet
back to the Mean High Water Line;
thence along the Mean High Water Line for the following five Calls:
thence S75° 10'42"W for 20.96 feet; thence N89°25'23 "W for 66.96 feet;
thence S83°19'51"W for 43.16 feet; thence N87°20'34"W for 81.33 feet;
thence S60°06'13"W for 31.78 feet back to the Point of Beginning. Containing 350,698 sq.
ft. (8.05 acres); and
00045800-v1 3
Bkp 2784 p920 1632
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 up to thirty- six (36)-
comprised of thirty-two (32) low-income category and four (4) very low income category ROGO
allocations from Monroe County to the City of Marathon for allocation, pursuant to this Agreement,
and subject to the conditions contained therein, including but not limited to:
a. Anchorage Homes, LLC, or its assignee, obtaining a Conditional Use approval prior to
March 1.5, 2016.
b. Anchorage Homes, LLC and/or Seagrass Village, Ltd., or their assignee, constructing
and obtaining a certificate of occupancy for the affordable units related to such
allocations prior to December 31, 2019..
c. The filing of a 99 year Affordable Housing Deed Restriction on the new affordable
housing units pursuant to this Agreement and the applicable requirements of the Code of
Ordinances, City of Marathon, Florida.
Section 2. ASSIGNMENT: Monroe County has assigned its rights to the affordable
allocations to the City, and the thirty-six (36) affordable housing allocations are to be issued by the
City to be used specifically by Anchorage Homes, LLC, or its successor or assign (Assignment
attached as Exhibit "A"), at the development in Marathon known as Seagrass located on 641h
Street, Ocean, Marathon, Florida 33050 (Legal Description attached as Exhibit " "). In the event
the subject project or, as applicable, Anchorage Homes, 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 36 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 to necessitate the reverted clause,.
Section 3. TERM: Subject to and upon the terms and conditions set forth herein, this
Agreement shall continue in force until one of the following occur:
1, The project is not granted funding by FHFC LIHTC program in the FYI 5-16 or FY 16-
17 competitive cycle, or
2. The project does not complete construction and does not obtain certificates of occupancy
for 36 units by December 31, 2019. All units for which certificates of occupancy are
issued prior to December 31, 2019 shall remain subject to this agreement irrespective of
whether all 36 units contemplated herein receive certificates of occupancy.
Section 4. NOTIFICATION: The City of Marathon shall (1) notify Monroe County of any
assignment(s) and successor(s) in interest or title to Anchorage Homes LLC for the duration of
Anchorage Homes LLC's and/or Seagrass Village, Ltd.'s interest(s) in the ROGO allocations
00045800 - u1 4
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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. City of Marathon shall provide written notice to Monroe County of the
extension, termination, or expiration of the Conditional Use Permit for the Anchorage Homes, LLC
and/or Seagrass Village, Ltd.'s project. City of Marathon shall provide written notice to Monroe
County of the issuance of Certificates of Occupancy for the affordable units within thirty (30) days
after issuance of said certificates.
All such notices under this Section ("Section. .") shall be sent to the following addresses
Monroe County County Administrator
1100 Simonton Street, Ivey West, FL 33040
Planning & Environmental Resources Department
Attn: Senior Director
2798 Overseas Highway, Marathon, FL 33050
Failure of the City of Marathon or Anchorage Homes, LLC, and/or Seagrass Village Ltd., or
their assign(s) or successor(s) in interest or title to perform any act required by this Section or any
other requirement of this Agreement shall neither impair nor limit the validity of this interlocal
agreement or limit its enforceability in any way.
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. 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 (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 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
00045800 - vl 5
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B14 2784 P98 1634
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 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 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 or 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: tither than as stated herein, no person
or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or
attempt to enforce any third -party claim or entitlement to or benefit of any service or program
contemplated hereunder, and the parties agree that neither the County nor the City, or any agent,
officer, or employee of each shall have the authority to inform, counsel, or otherwise indicate that
any particular individual or group of individuals, entity or entities, have entitlements or benefits
under this Agreement separate and apart, inferior to, or superior to the community in general or for
the purposes contemplated in this Agreement.
Section 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
00045800-v1 6
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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: In addition to those communication 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 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 3 3 041-1026
Gregory S. Oropeza, Esq. (Attorney for Owner/Developer)
Smith I Oropeza I Hawks, P.L.
138 Simonton Street
Key West, Florida 33040
If to City: City Manager
9805 Overseas Highway
Marathon, Florida 33050
George Garrett
Planning Director
City of Marathon
9805 Overseas Highway
Marathon, Florida 33050
With a copy to: David Migut, Esquire
City Attorney
City of Marathon
9805 Overseas Highway
.Marathon, Florida 33050
Gregory S. Oropeza, Esq. (attorney for Owner/Developer)
Smith I Oropeza I Hawks, P.L.
00045900 - v1 7
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138 Simonton Street
Key Nest, Florida 33040
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.. 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 HEAV'ILIN, CLERK.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Clerk Mayor Danny L. Kolhage
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY
Assistant County Attorney
00045800-v1 8
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ATTEST. THE CITY OF MARATHON, FLORIDA
IJU4� By:
By: Wk
DIANE CLAVIER Mayor Chris Bell
City Clerk
Date:
(City Seal)
APPROVED AS TO FORM AND
LEGALITY FOR THE USE AND
RELIANCE OF THE CITY OF
MARATHON, FL R A ONLY:
By: �.
I avid Migu , City Attorney
00045800-v1
m
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
9
0
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