Item C3'
CM
ounty of onroe
BOARD OF COUNTY COMMISSIONERS
Mayor David Rice, District 4
Mayor Pro Tem Sylvia J. Murphy, District 5
TheFloridaKeys
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
July 31, 2018
Agenda Item Number: C.3
Agenda Item Summary #4526
BULK ITEM: DEPARTMENT:
Yes County Attorney's Office
TIME APPROXIMATE:STAFF CONTACT:
Bob Shillinger (305) 292-3470
N/A
AGENDA ITEM WORDING:
Approval of corrected interlocal agreement with the City of
Marathon to transfer eighteen (18) affordable allocations from the County to the City for use at the
St. Columba project on the condition that the eighteen (18) existing market rate allocations harvested
from that site can only be used in the unincoporated area of the County; and rescind approval of the
Interlocal Agreement as approved 7/18/18 (O2).
ITEM BACKGROUND:
On July 18, 2018, pursuant to a request received from the City of
Marathon, the BOCC approved an ILA for the County to transfer eighteen (18)
affordable ROGO allocations to the City for a project at St. Columba (18 units). In consideration,
the City and the property owner agreed that all eighteen market rate development rights that
currently exist on the property could only be sold for use on receiver sites in the Lower Keys
Planning Area of unincorporated Monroe County.
On July 10, 2018, however, the City Council had approved a revised version of the ILA revising
Sec. 1.b. on Page 3 as follows:
b. The affordable housing shall be solely in the categories of low income housing
and median income housing. Renters of both low income units shall qualify as
earning at least 70% of their income within Monroe County.; renters of median
income units shall qualify as earning at least 100% of their income within
The ILA in the agenda backup approved by the BOCC on July 18, 2018 was the earlier version of
the ILA and did not contain the above revised language in Sec. 1.b. Also, the reference to the old
comprehensive plan in the second Whereas clause on Page 1 of the ILA was discovered and has
WHEREAS, Policy 101.3.10 101.2.15 of the Year 2030 2010 Monroe County
Comprehensive Plan
The attached ILA is being brought to the Board for approval as revised.
.
PREVIOUS RELEVANT BOCC ACTION:
None on this agreement but the Board has approved
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transfers in the past on 12/14/16, 8/16/17, and 10/18/17.
BOCC 7/18/18 (O2)
approved Interlocal Agreement with the City of Marathon
CONTRACT/AGREEMENT CHANGES:
Updated comp plan ref 2nd Whereas Pg 1; Rev. language Sec.1.b. Page 3
STAFF RECOMMENDATION:
Approval.
DOCUMENTATION:
EXECUTED AND STAMPED REVISED INTERLOCAL AGREEMENT CITY OF MARATHON
RE: St. Columba
02 BOCC 7 18 18 AGENDA BACKUP re ILA St. Columba project
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County: No fiscal impact to the 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:
This agreement would have no fiscal impact on the County.
REVIEWED BY:
Bob Shillinger Completed 07/24/2018 3:19 PM
Kathy Peters Completed 07/24/2018 3:31 PM
Board of County Commissioners Pending 07/31/2018 10:00 AM
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INTERLOCAL AGREEMENT BETWEEN
MONROE COUNTY AND THE CITY OF MARATHON
TRANSFERRING AFFORDABLE HOUSING RESIDENTIAL ALLOCATIONS
____________, 2018, by and between Monroe County, a political subdivision of the State
and the City of Marathon, a municipal corporation of the State of Florida, whose address
is 9805 Overseas Highway, Marathon, Florida 33
WITNESSETH:
WHEREAS,
Monroe County and the City of Marathon recognize the value of
regional partnerships in smart growth; and
WHEREAS,
Policy 101.3.10 of the Year 2030 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:
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
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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
, St. Columba Episcopal Church, a Florida Not for Profit Corporation has the
described property under contract to purchase for workforce housing.
Parcel ID No. 00326650-000000; Alt. Key No. 1400777
1655 Overseas Highway
Marathon, FL 33050
The North 100 feet of the West ½ of Lot 21, and the North 100 feet of Lot 22, all in Block
1 of PARRISH SUBDIVISION, according to the Plat thereof, recorded in Plat Book 2,
Page 18, of the Public Records of Monroe County, Florida. ALSO: a part of the W. ½ of
Lot 21 and a part of Lot 22, Block 1, of PARRISH SUBDIVISION, according to the Plat
thereof, as recorded in Plat Book 2, Page 18, of the Public Records of Monroe County,
Florida, same being at Marathon, Key Vaca, Monroe County, Florida, and being more
particularly described as follows:
Commencing at the intersection of the Northwest corner of Lot 22, and the Southeasterly
right-of-way line of U.S. Highway No. 1, run due South for a distance of 100 feet to THE
POINT OF BEGINNING of the parcel of land hereinafter described; from said POINT
OF BEGINNING, continue South along the west line of Lot 22 for a distance of 150 feet
to a point, thence with an interior angle of 85 degrees 15 minutes and Northeasterlyparallel
with U.S. Highway No. 1 for a distance of 75.0 feet to a point; thence with an interior angle
of 94 degrees 45 minutes and due North for a distance of 150 feet to a point; thence with
an interior angle of 85 degrees 15 minutes Southwesterly and parallel with U.S. Highway
No. 1 for a distance of 75.0 feet, back to the POINT OF BEGINNING, subject to Easements
set forth in Grant of Easement of even date herewith, executed by Grantee in favor of
Grantor.
WHEREAS,
A condition of the sale is St. Columba securing eighteen (18) affordable
housing allocations.
WHEREAS
, County hereby agrees to transfer to City eighteen (18) affordable housing
allocations to allow Marathon to secure the above properties as deed restricted affordable housing
on the condition that the eighteen (18) market rate allocations harvested from the subject property
must be used in the unincorporated area of the County as more fully set forth below.
WHEREAS
, the parties have determined that this Agreement is in the best interests of the
public.
NOW, THEREFORE,
the parties hereto agree as follows:
Section 1. TRANSFER:
The parties agree to permit the transfer of up to eighteen (18)
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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
eighteen (18) affordable housing units pursuant to this Agreement and the applicable
requirements of the Code of Ordinances, City of Marathon, Florida and the applicable
provisions of the Florida Building Code.
b. The affordable housing shall be solely in the categories of low income
housing and median income housing. Renters of both income units shall qualify as earning
at least 70% of their income within Monroe County.
c. The transfer of the market rate rights from the properties to a receiver site(s)
approved by the City of Marathon under a separate agreement with the Property Owners.
d. Should the property not successfully close the units will be returned to the
County and this agreement shall become null and void.
Section 2ASSIGNMENT
. : Monroe County has assigned its rights to the affordable
allocations to the City, and the eighteen (18) affordable housing allocations are to be issued by the
City to be used specifically by St. Columba's Episcopal Church, a Florida Not for Profit
Corporation, at the development in Marathon known as 1655 Overseas Highway, Marathon, FL
33050.
Eighteen Market Rate residential units will become available for sale and transfer as a result of the
replacement or swap of said Market Rate residential units with the affordable residential units
allocated through this ILA. Subject to the provisions of this ILA and by subsequent Agreement
between the City of Marathon and the Corporate entity defined herein (1655 OS LLC), all eighteen
(18) of the market rate residential units which become available shall be sold by said Corporate
entities to owners whose receiver site properties exist within the unincorporated area of Monroe
County, Lower Keys Subarea. Transfers shall be approved and documented pursuant to the
relevant administrative procedures of the City of Marathon Land Development Regulations and a
Minor Conditional Use Permit(s) as required pursuant to the Monroe County Land Development
Regulations.
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. If Any
of the affordable allocations transferred to the City through this ILA are not transferred to the
properties identified herein they shall be returned to the County within and not to exceed one year
from the date of the approval of this ILA.
Section 4. NOTIFICATION:
The City of Marathon shall (1) notify Monroe County
of any assignment(s) and successor(s) in interest or title to St. Columba's Episcopal Church, a
Section
Florida Not for Profit Corporation; for the duration of the ROGO allocations described in
above, and (2) shall notify Monroe County of any assignment(s) and successor(s)
Section 1.
in interest or title to the ROGO allocations described in above at least
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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 ) 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
Monroe County Attorney
th
1111 12 Street, Suite 408
Key West, FL 33040
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
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 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.
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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 gcompensation;
misuse of public position, conflicting employment or contractual relationship; and disclosure or
use of certain information.
ection 8. NO SOLICITATION/PAYMENT:
SThe 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
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
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.
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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
th
1111 12 Street, Suite 408
Key West, Florida 33040
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
Franklin D. Greenman, P.A.
90B Sombrero Beach Road
Marathon, FL 33050
Attorney for Property Owners
Any notice required by this Agreement to be given or made within a specified period of
time, or on or before a date certain, shall be deemed to have been duly given if sent by certified
mail, return receipt requested, postage and fees prepaid; hand delivered, or sent by overnight
delivery service.
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CM
ounty of onroe
BOARD OF COUNTY COMMISSIONERS
Mayor David Rice, District 4
Mayor Pro Tem Sylvia J. Murphy, District 5
TheFloridaKeys
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
July 18, 2018
Agenda Item Number: O.2
Agenda Item Summary #4348
&3''ETTVSZIHF]VSPPGEPPZSXI
BULK ITEM: DEPARTMENT:
No County Attorney's Office
TIME APPROXIMATE:STAFF CONTACT:
Bob Shillinger (305) 292-3470
no
AGENDA ITEM WORDING:
Approval of an interlocal agreement with the City of Marathon to
transfer eighteen (18) affordable allocations from the County to the City for use at the St. Columba
project on the condition that the eighteen (18) existing market rate allocations harvested from that
site can only be used in the unincoporated area of the County.
ITEM BACKGROUND:
The City of Marathon has requested that the County transfer eighteen
(18) for a project at St. Columba (18 units).
In consideration, the City and the property owner have agreed that all eighteen market rate
development rights that currently exist on the property could only be sold for use on receiver sites in
the Lower Keys Planning Area of unincorporated Monroe County.
The City Council approved an earlier version of the ILA by a 4-0 vote in May of 2018. The Council
is scheduled to consider the current version on July 10, 2018.
Because of the willingness of the City and the property owner to transfer the rights to build 18
market rate units into the unincorporated area of the County in exchange for the 18 affordable
allocationsIn 2012, the Department of Economic
Opportunity, working in conjunction with the local governments in the Keys, divided the remaining
allocations that the hurricane evacuation model runs indicate could be built while still maintaining
the 24-hour evacuation period for permanent residents mandated by statute based upon the
percentage of vacant land left in each jurisdiction. This apportionment was done in recognition of
each jurisdictions exposure for takings liability.
Each ROGO allocation even those designated for affordable housing - has a value to the
jurisdiction which issues it when it comes time to defend against a takings or Bert J. Harris Act
claim. The ability to award an allocation either market rate or affordable - to an owner of vacant
property moots both a takings and Harris Act claim. Affordable allocations are particularly useful in
defending against claims made under the Bert J. Harris Act since that law would permit the parties to
appropriate.
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-house counsel estimates that the County would
expend approximately $45,000 to $50,000 in defending a simple, single lot takings claim from the
pre-suit beneficial use determination process through a trial and appeal. This figure is based upon
the loaded salary costs of an attorney, planner, and paralegal plus hard costs necessary to pay an
appraiser and other expert witnesses, transcript costs, and other necessary expenditures. This
estimate is also based only upon a successful defense of such a claim. A victory by the property
owner would result in far greater costs to County taxpayers because the law permits the property
These costs are avoidable for each
allocation the County is able to award to a vacant property owner in the unincorporated areas.
PREVIOUS RELEVANT BOCC ACTION:
None on this agreement but the Board has approved
transfers in the past on 12/14/16, 8/16/17, and 10/18/17.
CONTRACT/AGREEMENT CHANGES:
no
STAFF RECOMMENDATION:
Approval.
DOCUMENTATION:
ILA 18 ROGO St Columba
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:
This agreement would have no fiscal impact on the County.
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REVIEWED BY:
Bob Shillinger Completed 07/03/2018 1:42 PM
Bob Shillinger Completed 07/03/2018 2:11PM
Budget and Finance Completed 07/03/2018 3:27 PM
Maria Slavik Completed 07/03/2018 3:29 PM
Kathy Peters Completed 07/03/2018 5:54 PM
Board of County Commissioners Completed 07/18/2018 9:00 AM
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INTERLOCAL AGREEMENT BETWEEN
MONROE COUNTY AND THE CITY OF MARATHON
TRANSFERRING AFFORDABLE HOUSING RESIDENTIAL ALLOCATIONS
____________, 2018, by and between Monroe County, a political subdivision of the State
and the City of Marathon, a municipal corporation of the State of Florida, whose address
is 9805 Overseas Highway, Marathon, Florida 33
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
Policy 101.2.15 of the Year 2010 Monroe County Comprehensive Policy 101.2.15 of the Year 2010 Monroe County Comprehensive Policy 101.2.15 of the Year 2010 Monroe County Comprehensive
Plan allows Rate of Growth Ordinance building permit allocations (ROGOs) for affordable
Plan allows Rate of Growth Ordinance bu
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:
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
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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
, St. Columba Episcopal Church, a Florida Not for Profit Corporation has the
described property under contract to purchase for workforce housing.
Parcel ID No. 00326650-000000; Alt. Key No. 1400777
1655 Overseas Highway
Marathon, FL 33050
The North 100 feet of the West ½ of Lot 21, and the North 100 feet of Lot 22, all in Block
1 of PARRISH SUBDIVISION, according to the Plat thereof, recorded in Plat Book 2,
Page 18, of the Public Records of Monroe County, Florida. ALSO: a part of the W. ½ of
Lot 21 and a part of Lot 22, Block 1, of PARRISH SUBDIVISION, according to the Plat
thereof, as recorded in Plat Book 2, Page 18, of the Public Records of Monroe County,
Florida, same being at Marathon, Key Vaca, Monroe County, Florida, and being more
particularly described as follows:
Commencing at the intersection of the Northwest corner of Lot 22, and the Southeasterly
right-of-way line of U.S. Highway No. 1, run due South for a distance of 100 feet to THE
POINT OF BEGINNING of the parcel of land hereinafter described; from said POINT
OF BEGINNING, continue South along the west line of Lot 22 for a distance of 150 feet
to a point, thence with an interior angle of 85 degrees 15 minutes and Northeasterly parallel
with U.S. Highway No. 1 for a distance of 75.0 feet to a point; thence with an interior angle
of 94 degrees 45 minutes and due North for a distance of 150 feet to a point; thence with
an interior angle of 85 degrees 15 minutes Southwesterly and parallel with U.S. Highway
No. 1 for a distance of 75.0 feet, back to the POINT OF BEGINNING, subject to Easements
set forth in Grant of Easement of even date herewith, executed by Grantee in favor of
Grantor.
WHEREAS,
A condition of the sale is St. Columba securing eighteen (18) affordable
housing allocations.
WHEREAS
, County hereby agrees to transfer to City eighteen (18) affordable housing
allocations to allow Marathon to secure the above properties as deed restricted affordable housing
on the condition that the eighteen (18) market rate allocations harvested from the subject property
must be used in the unincorporated area of the County as more fully set forth below.
WHEREAS
, the parties have determined that this Agreement is in the best interests of the
public.
NOW, THEREFORE,
the parties hereto agree as follows:
Section 1. TRANSFER:
The parties agree to permit the transfer of up to eighteen (18)
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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
eighteen (18) affordable housing units pursuant to this Agreement and the applicable
requirements of the Code of Ordinances, City of Marathon, Florida and the applicable
provisions of the Florida Building Code.
b. The affordable housing shall be solely in the categories of low income
housing and median income housing. Renters of low income units shall qualify as earning
low income
at least 70% of their income within Monroe County; renters of median income units shall
; renters of median income units shall ; renters of median income units shall
qualify as earning at least 100% of their income within Monroe County.
qualify as earning at least 100% of their incomewithin Monroe County.within Monroe County.
c. The transfer of the market rate rights from the properties to a receiver site(s)
approved by the City of Marathon under a separate agreement with the Property Owners.
d. Should the property not successfully close the units will be returned to the
County and this agreement shall become null and void.
Section 2ASSIGNMENT
. : Monroe County has assigned its rights to the affordable
allocations to the City, and the eighteen (18) affordable housing allocations are to be issued by the
City to be used specifically by St. Columba's Episcopal Church, a Florida Not for Profit
Corporation, at the development in Marathon known as 1655 Overseas Highway, Marathon, FL
33050.
Eighteen Market Rate residential units will become available for sale and transfer as a result of the
replacement or swap of said Market Rate residential units with the affordable residential units
allocated through this ILA. Subject to the provisions of this ILA and by subsequent Agreement
between the City of Marathon and the Corporate entity defined herein (1655 OS LLC), all eighteen
(18) of the market rate residential units which become available shall be sold by said Corporate
entities to owners whose receiver site properties exist within the unincorporated area of Monroe
County, Lower Keys Subarea. Transfers shall be approved and documented pursuant to the
relevant administrative procedures of the City of Marathon Land Development Regulations and a
Minor Conditional Use Permit(s) as required pursuant to the Monroe County Land Development
Regulations.
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. If Any
of the affordable allocations transferred to the City through this ILA are not transferred to the
properties identified herein they shall be returned to the County within and not to exceed one year
from the date of the approval of this ILA.
Section 4. NOTIFICATION:
The City of Marathon shall (1) notify Monroe County
of any assignment(s) and successor(s) in interest or title to St. Columba's Episcopal Church, a
Section
Florida Not for Profit Corporation; for the duration of the ROGO allocations described in
above, and (2) shall notify Monroe County of any assignment(s) and successor(s)
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Section 1.
in interest or title to the ROGO allocations described in 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 ) 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
Monroe County Attorney
th
1111 12 Street, Suite 408
Key West, FL 33040
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
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 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
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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; compensation;
misuse of public position, conflicting employment or contractual relationship; and disclosure or
use of certain information.
ection 8. NO SOLICITATION/PAYMENT:
SThe 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
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
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
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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
th
1111 12 Street, Suite 408
Key West, Florida 33040
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
Franklin D. Greenman, P.A.
90B Sombrero Beach Road
Marathon, FL 33050
Attorney for Property Owners
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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 counterpart shall constitute one
and the same instrument.
7IGXMSR 7):)6%&-0-8=
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 to be invalid
or unconstitutional, such decision shall not affect the validity of the remaining sentences, sections,
clauses or phrases of the Ordinance, but they shall remain in effect it being the legislative intent
that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 1 . 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) BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
ATTEST: KEVIN MADOK, CLERK
By: ___________________________ By: ____________________________
Deputy Clerk Mayor/Chairperson
Date: _______________________________
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
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By: _____________________________
Assistant County Attorney
ATTEST: THE CITY OF MARATHON, FLORIDA
____________________________________ By: ______________________________
DIANE CLAVIER Mayor Michelle Coldiron Date
City Clerk
(City Seal)
APPROVED AS TO FORM AND
LEGALITY FOR THE USE AND
RELIANCE OF THE CITY OF
MARATHON, FLORIDA ONLY:
By: __________________________
David Migut
City Attorney
We hereby consent to this Agreement and agree to abide by all terms and requirement herein.
ST. COLUMBA EPISCOPAL CHURCH
a Florida Not for Profit corporation
By: _____________________________
David Lyon
Senior Warden
Date: _____________________________
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