Item T6 County of Monroe
BOARD OF COUNTY COMMISSIONERS
Cr f Mayor David Rice, District 4
The Florida Keys E 4 _ Mayor Pro Tem Sylvia J. Murphy, District 5
v --4 � `' Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
August 15, 2018
Agenda Item Summary #4610
ADD ON DAY OF MEETING — WILL BE ADD ON T -6
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger (305) 292 -3470
N/A
AGENDA ITEM WORDING: Approval of a second 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 Corrected Interlocal Agreement as approved 7/31/18 (C3).
ITEM BACKGROUND: On July 18, 2018, the BOCC approved an ILA for the County to transfer
eighteen (18) of the County's affordable ROGO allocations to the City for a project at St. Columba
(18 units). The City had requested the allocations because it had exhausted its supply of affordable
allocations awarded from the State. In consideration for the County providing 18 affordable housing
allocations, 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 unincorporated
Monroe County. A minor, unrelated correction to the ILA was approved on July 31, 2018.
The language included in the ILA required that those units be sent to receiver sites located in that
portion of the unincorporated portion of the County known as the "Lower Keys Subarea ". The
"Lower Keys Subarea" extends from Stock Island to the southern border of the Village of
Islamorada. The Upper Keys Subarea extends from the northern border of the Village to the County
line.
Last week, the City of Marathon reported that the property owner would like the ability to sell the 18
market rate allocations harvested from the affordable housing site to receiver sites in both the Upper
Keys and the Lower Keys Subareas. Accordingly, the City has requested that the ILA be amended
to remove the restriction that the ROGO units harvested from the affordable housing project site in
Marathon be sold only to receiver sites in the Lower Keys Subarea. The Planning Director has
determined that this request is consistent with County regulations.
If approved, the corrected ILA would read in Section 2:
ASSIGNMENT: 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, Lowci w:Keys Stubat ca 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.
Note, because of the additional restrictions on development made necessary by the Federal
Endangered Species Act and required by the Incidental Take Permit, and the Habitat Conservation
Plan for Big Pine and No Name Key, the ILA does NOT authorize sending any of the allocations to
receiver sites located in the Big Pine Key and No Name Key Subarea.
PREVIOUS RELEVANT BOCC ACTION: BOCC 7/18/18 (02) approved ILA with the City of
Marathon. 7/31/18 (C3) approved corrected ILA.
CONTRACT /AGREEMENT CHANGES:
Remove limitation that ROGOs must be used only in Lower Keys Planning Area
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
STAMPED Second Corrected ILA Monroe County Marathon St Columba 18 affordable allocations
AI -18 -140 TREs from cities - Memo to BOCC 8 -13 -2018
Second Corrected ILA Maraton St Columba WITH EDITS
EXECUTED AND STAMPED REVISED INTERLOCAL AGREEMENT CITY OF MARATHON
RE: St. Columba
02 BOCC 7 18 18 AGENDA BACKUP re ILA St. Columba project
FULLY EXECUTED ILA with Marathon re St. Columba as approved by BOCC 7/31/18 (C3)
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 08/13/2018 8:19 PM
Bob Shillinger Completed 08/13/2018 8:19 PM
Budget and Finance Skipped 08/13/2018 8:18 PM
Maria Slavik Skipped 08/13/2018 8:18 PM
Kathy Peters Completed 08/14/2018 8:44 AM
Board of County Commissioners Pending 08/15/2018 9:00 AM
SECOND CORRECTED INTERLOCAL AGREEMENT BETWEEN
MONROE COUNTY AND THE CITY OF MARATHON
TRANSFERRING AFFORDABLE HOUSING RESIDENTIAL ALLOCATIONS
This Agreement ( "Agreement ") is made and entered into this day of
, 2018, by and between Monroe County, a political subdivision of the State
of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 ( "County ")
and the City of Marathon, a municipal corporation of the State of Florida, whose address
is 9805 Overseas Highway, Marathon, Florida' 33050 (the "City ");
WITNESSETH:
WHEREAS, Monroe County and the City of Marathon recognize the value of
regional partnerships in smart growth; and
WHEREAS, Policy 101.3.10 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:
"It is the purpose of this section to permit local government units to make the most
efficient use of their powers by enabling them to cooperate with other localities on
a basis of mutual advantage and thereby to provide services and facilities in a
manner and pursuant to forms of governmental organization that will accord best
with geographic, economic, population, and other factors influencing the needs and
development of local communities "; and
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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 1 /2 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. 1 /2 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 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 2. ASSIGNMENT: 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. 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
Florida Not for Profit Corporation; for the duration of the ROGO allocations described in Section
1. ( "Transfer ") above, and (2) shall notify Monroe County of any assignment(s) and successor(s)
in interest or title to the ROGO allocations described in Section 1. ( "Transfer ") above at least
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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 ( "Section 4. ") shall be sent to the following addresses:
Monroe County Administrator
1100 Simonton Street
Key West, FL 33040
Planning & Environmental Resources Department
Attn: Senior Director
2978 Overseas Highway
Marathon, FL 33050
Monroe County Attorney
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 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 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 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.
S ection 8. NO SOLICITATION/PAYMENT: The parties warrant that, in respect to
itself, it has neither employed nor retained any company or person, other than a bona fide employee
working solely for it, to solicit or secure this Agreement and that it has not been paid or agreed to
pay any person, company, corporation, individuals, or firm, other than a bona fide employee
working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon
or resulting from the award or making of this Agreement. For the breach of violation of this
provision, each party agrees that the other party shall have the right to terminate this Agreement
without liability and, at its discretion, to offset from monies owed, or otherwise recover the full
amount of such fee, commission, percentage, gift, or consideration.
Section 9. SUBORDINATION: This Agreement is subordinate to the laws and
regulations of the United States and the State of Florida, whether in effect on commencement of
this Agreement or adopted after that date.
Section 10. INCONSISTENCY: If any item, condition, or obligation of this
Agreement is in conflict with other items of this Agreement, the inconsistencies shall be construed
so as to give meaning to those terms which limited the County's responsibility and liability.
Section 11. PUBLIC ACCESS TO RECORDS: The parties shall allow and permit
members of the public reasonable access to, and inspection of, all documents, papers, letters, or
other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by
the parties in conjunction with this Agreement.
Section 12. NON - RELIANCE BY NON PARTIES: Other than as stated herein, no
person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to
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
Monroe County Attorney's Office
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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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.
Section 18. SEVERABILITY: The provisions of this ILA are declared to be
severable, and if any sentence, section, clause or phrase of this ILA shall, for any reason, be held
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 19. 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 David Rice, Mayor
Date:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
MONROE COUNTY ATTOR
APPRO D • " d
By: • SIC • I e ER, JR. Robert B. Shillinger Jr.
R ', ATIRMEY, County Attorney
DIM or 7
n 4. f
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:
8
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MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fair
To: Monroe County Board of County Commissioners
From: Emily Schemper, MCP, CFM, Acting Senior Director of Planning and Environmental
Resources
Date: August 14, 2018
Subject: Administrative Interpretation regarding the transfer of affordable housing ROGO
allocations from unincorporated Monroe County to an incorporated municipality through
an Interlocal Agreement which specifically requires that associated market rate ROGO
exemptions (or BPAS) be transferred from the incorporated area back to the unincorporated
County.
I. ISSUE
The Monroe County Year 2030 Comprehensive Plan and Land Development Code (LDC) provide
specific policies and regulations regarding the transfer of ROGO exemptions within the
unincorporated County, as well as specific guidance regarding the transfer of affordable ROGO
allocations between the unincorporated County and the incorporated municipalities. However, no
policy or regulations exist regarding the transfer of market rate ROGO exemptions from the
incorporated municipalities to the unincorporated County.
}
Recently, the Board of County Commissioners (BOCC) has considered and /or approved a number of
requests for transfers of affordable ROGO allocations to the City of Marathon through multiple
Interlocal Agreements (ILAs), in accordance with Comprehensive Plan Policy 101.3.10. Several of
these agreements involve assigning the County's affordable ROGO allocations to existing dwelling
units within the City, which are to be converted to affordable housing units, thereby making the
associated market rate ROGO (BPAS) exemptions available for transfer. The County has included a
requirement in some of the ILAs that those associated market rate ROGO/BPAS exemptions be
transferred into the unincorporated County as an exchange for the affordable ROGO allocations
transferred to the City.
As stated above, the Monroe County Comprehensive Plan and LDC remain silent on the issue of
ROGO exemption transfers between the unincorporated County and the incorporated municipalities.
This memo shall serve as an administrative interpretation to provide guidance on such transfers,
specifically those associated with ILAs approving the exchange of County affordable ROGO
allocations for market rate ROGO/BPAS exemptions within incorporated areas.
Page 1 of 8
II. Relevant Policies and Regulations (Monroe County Comp Plan and LDC)
MCComprehensive Plan:
Objective 101.3
Monroe County shall regulate new residential development based upon the finite carrying
capacity of the natural and man -made systems and the growth capacity while maintaining
a maximum hurricane evacuation clearance time of 24 hours.
Policy 101.3.1
Monroe County shall maintain a Permit Allocation System for new residential
development known as the Residential Rate of Growth Ordinance (ROGO)
System. The Permit Allocation System shall limit the number of permits issued
for new residential dwelling units. The ROGO allocation system shall apply within
the unincorporated area of the county, excluding areas within the county mainland
and within the Ocean Reef planned development (Future development in the
Ocean Reef planned development is based upon the December 2010 Ocean Reef
Club Vested Development Rights Letter recognized and issued by the Department
of Community Affairs). New residential dwelling units included in the ROGO
allocation system include the following: affordable housing units; market rate
dwelling units; mobile homes; and institutional residential units (except hospital
rooms).
Policy 101.3.2
The number of permits issued for residential dwelling units under the Rate of
Growth Ordinance shall not exceed a total of 1,970 new allocations for the time
period of July 13, 2013 through July 12, 2023, plus any available unused ROGO
allocations from a previous ROGO year. A ROGO year means the twelve -month
period beginning on July 13. Market rate allocations shall not to exceed 126
residential units per year. Unused allocations for market rate shall be available for
Administrative Relief.
The County shall distribute ROGO allocations by ROGO year, as provided in the
table below.
ROGO Year Annual Allocation
Alarlcet Rate Affordable housing
July 13, 2013- July 12. 2011 126 71
July 13. 2014- .Tuly 12. 2015 126 71
July 13. 2015- July l2. 2016 126
July 13, 2016- July 12. 2017 126
July 13. 2017 - July 12. 2018 126 568 total AFH
July 13. 2018- July 12. 2019 126 (total available
July 13. 2019- July 12. 2020 126 total liately)
July 13. 2020- July 12. 2021 126
July 13. 2021- July 12. 2022 126
July 13. 2022- July 12. 2023 126
TOTAL 1.260 710°
'tit a tale, two imam! atfottlattle R000 allocations for the 134 Pine Rey/No Name. a Key slatruca)
Page 2 of 8
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Land Develoiimenttode...(LDC):
- , -
. .
. ,
• Sec. 138-20. General - ProyliOn. : $.
•
. .
(c) App /lc:ability. The .ROGQ alloc tion syste:m . shall apply within the unincorPoratedaJea
county outside of the county mainland, and such area,•for.purposes hereof, has baeri4Moeci-in,
S 'Ul..areas.,,,as-,t., ,o.1.1.0.W.,,,, . .,.... ,,-,,,,,,,2, • - • - ' !
(1) . 6;;;t;;;: the O",.iji*:..ijrPTqtatefare of the county north ofTay.ernier Creek and corpora
limits of the Village of Islarnorada(approximately mile marker 90). • ....
' - (2) Lower Keys the i ip.,...C6r J area of the county from the corporate limits of the•Village ;..
Of ISlarnOrada (approximately mile •marke r72) south to the corporate limits of
the City of Key West at Coin/ ,K. ey Bridge on U.S. . Highway 1 (approximately mile marker 4),
excluding Big Pine Key and No Name Key. .
(3) Big Pine Key and No Name Key: the islands of Big Pine Key and No Name Key within the ---
unincorporated d county.
0, , ..
. ..__ . .„.
Sec.138-22. Type of pevelopMent Not Affected. . ..
Page 4 of 8
2
(b) Transfer off -site Residential dwelling units and tranSient units may be transferred to another
site in the same `ROGO subarea, provided that the units lawfully exist and can be accounted for
in the County's hurricane evacuation model.
(1) ROGO ;exemptions may be transferred asrfollows
a .between sites within:;the,.Upper Keys ROGO subarea;
b.:between sites within 'the Lower Keys ROGO subarea,
C. between sites,within;the Big Pine Key and No Name Key ROGO subarea,
d from the Big Pine Key and No Name Key ROGO subarea to the 'lower Keys ROGO
Subarea:
(6) Receiver Site Criteria:
a The Future Land Use category and Land Use (Zoning) District must allow the requested use;
b Must meet the-adopted density Standards;
cy Includes all infrastructure (potable water, adequate wastewater treatment and disposal
wastewater meeting adopted LOS, paved roads, etc.),
d: Located within a Tier;111 designated area; and,
e Structures are not located in-;a velocity (V) zone 'or within aCBRS unit
(1) pre - application conference and, at a minimum, a minor, conditional use permit approval
shall be. required.' for both the sender, site and the receiver site_
Sec. 138 -24. Residential ROGO Allocations.
(a) Number of available annual residential ROGO' allocations. The number of market rate
residential ROGO allocations available in each subarea of the unincorporated county and the
total number of affordable residential ROGO allocations available countywide shall be as
follows:
Subarea Amber of :Dwelling elling Units
Upper Keys 61
Lower Keys 57
Big Pine and No Name Keys 8
Total market rate 126
Affordable dri'elling units
Very Low Logy and Median Incomes 360*
Moderate Income 350`
*Includes one annually for Big Pine Key and No Naive Key.,
Page 5 of 8
t i
ROGO Year Annual Allocation
Market Rate I Affordable Housing
July ..013- y , Jul 12 2014
Y � 126 71
U: 61, L: 57, BPK /NNK 8.__
July 13, 2014- July 12, 2015 126 71
U: 61, L: 57, BPKNNK: 8
July 13, 2015 -July 12, 2016 126
U: 61, L: 57,13PK/NNK: 8 71
July 13, 2016-July 12, 2017 126
U: 61, L: 57, BPK/NNK: 8
July 13, 2017 - July 12, 2018 126 497 total AF11
2019 U: 61, L : -57, BPK/NNK: 8 (total available
July 13, 2018 - July 12 2019 126 immediately)
U: 61, L: 57, BPKINNK: 8
July 13, 2019 - July 12, 2020 126
LJ: 61, L: 57, BPK /NNK: 8
July 13, 2020- July 12, 2021 126 -
U: 61, L: 57, BPKJNNK: 8
July 13, 2021- July 12.2022 126
U: 61. L: 57, BPK/NNK: 8
July 13, 2022 - July 12, 2023 f 126
1 I U: 61, L: 57, BPK!NNK: 8
TOTAL I 1,260 710*
*(includes two annual affordable ROGO allocations for the Big Pine Key/No Name Key subarea)
III. ANALYSIS & INTERPRETATION
Ability to transfer. The Comprehensive Plan and LDC remain silent on the ability to transfer market
rate ROGOs between the unincorporated County and the incorporated municipalities. Policy 101.3.10.
allows the transfer of ROGO allocations, utilized for affordable housing projects, between local
government jurisdictions within the Florida Keys Area of Critical State Concern (ACSC), through an
ILA between the sending and receiving local governments. The recent ILAs that provide for an
exchange of affordable ROGO allocations for market rate exemptions do not approve the actual
transfers of the market rate exemptions, but do identify the market rate units to be transferred in the
future, which are associated with affordable housing projects, and are consistent with the intent of
Policy 101.3.10.
Interpretation: Market Rate ROGO/BPAS exemptions from an incorporated jurisdiction, that
are associated with an affordable housing project through an ILA approving the exchange of
affordable ROGO allocations for market rate ROGOBPAS exemptions, may be transferred
into Monroe County.
Applicability of Subarea Requirements. Per Comprehensive Plan Policy 101.6.8 and LDC Section
138- 22(b), ROGO exemptions may only be transferred off -site to another site in the same ROGO
Page 6 of 8
subarea, The definitions of the three ROGO subareas (Comprehensive Plan Glossary and LDC Section
138- 20(c)) specifically identify them as including only the unincorporated areas of the county:
• Upper Keys: the unincorporated area of the county north of Tavernier Creek and corporate
limits of the Village of Islamorada (approximately mile marker 90).
• Lower Keys: the .unincorporated area of the county from the corporate limits of the Village of
Islamorada (approximately mile marker 72) south to the corporate limits of
• the City of Key West at Cow Key Bridge on U.S. Highway 1 (approximately mile marker 4),
excluding Big Pine Key and No Name Key.
• Big Pine Key and No Name Key: the islands of Big Pine Key and No Name Key within the
unincorporated county.
ROGO subarea language does not apply to the incorporated jurisdictions within the county. Market
rate ROGOBPAS exemptions coming from an incorporated area do not originate within a subarea,
and therefore cannot be kept within "the same ROGO subarea."
g
Additionally, Policies 101.3.2 and 101.3.3, respectively, distribute the annual ROGO allocations, and
designate a percentage of the annual ROGO allocation to affordable housing; however, neither policy
divides affordable allocation between subareas. Likewise, although and LDC Section 138 -24 divides
the annual allocation for market rate units between subareas, affordable ROGO allocations are
available for county -wide allocation regardless of subarea.
Interpretation. Market Rate ROGO/BPAS exemptions transferred into unincorporated Monroe
County from an incorporated jurisdiction may be transferred to any subarea within the County.
Mechanism of transfer. Although the Comprehensive Plan and LDC remain silent on the ability to
transfer market rate ROGOs between the unincorporated County and the incorporated municipalities,
Policy 101.6.8 and Section 138 -22(b) provide a mechanism and receiver site criteria for all other types
of ROGO transfers within the county. The minor conditional use permit requirement and the receiver
site criteria are appropriate for transfers from incorporated municipalities into the unincorporated
county as well. The receiver site criteria are consistent with County policy regarding where
development should be focused.
6) Receiver Site Criteria:
a. The Future Land Use category and Land Use (Zoning) District must allow the requested
use;
b. Must meet the adopted density standards;
c. Includes all infrastructure (potable water, adequate wastewater treatment and disposal
wastewater meeting adopted LOS, paved roads, etc.);
d. Located within a Tier III designated area; and
e. Structures are not located in a velocity (V) zone or within a CBRS unit.
Page 7 of 13
(1) A pre - application conference and, at a minimum, a minor conditional use permit
approval shall be required for both the sender site and the receiver site...
Interpretation: Market Rate ROGO/BPAS exemptions transferred into unincorporated Monroe
County are subject to the receiver site criteria in Policy 101.6.8 and Section 138- 22(b), and such
transfers shall be executed by a minor conditional use permit approval, in accordance with
p ' Section 138- 22(b).
1V. ATTACHMENT
1. Associated Monroe County Year 2030 Comprehensive Plan Policies and Land Development
Code Regulations
Page 8 of 8
MC Comprehensive Plan:
Objective 101.3
Monroe County shall regulate new residential development based upon the finite carrying
capacity of the natural and man -made systems and the growth capacity while maintaining
a maximum hurricane evacuation clearance time of 24 hours.
Policy 101.3.1
Monroe County shall maintain a Permit Allocation System for new residential
development known as the Residential Rate of Growth Ordinance (ROGO)
System. The Permit Allocation System shall limit the number of permits issued
for, new residential dwelling units. The ROGO allocation system shall apply within
the unincorporated area of the county, excluding areas within the county mainland
and within the Ocean Reef planned development (Future development in the
Ocean Reef planned development is based upon the December 2010 Ocean Reef
Club Vested Development Rights Letter recognized and issued by the Department
of Community Affairs). New residential dwelling units included in the ROGO
allocation system include the following: affordable housing units; market rate
dwelling units; mobile homes; and institutional residential units (except hospital
rooms).
Vessels are expressly excluded from the allocation system, as the vessels do not
occupy a distinct location, and therefore cannot be accounted for in the County's
hurricane evacuation model. Under no circumstances shall a vessel, including
live - aboard vessels, or associated wet slips be transferred upland or converted to a
dwelling unit of any other type. Vessels or associated wet slips are not considered
ROGO allocation awards, and may not be used as the basis for any type of ROGO
exemption or THE (Transfer of ROGO Exemption).
ROGO Allocations for rooms, hotel or motel; campground spaces; transient
residential units; and seasonal residential units are subject to Policy 101.3.5.
Policy 101.3.2
The number of permits issued for residential dwelling units under the Rate of
Growth Ordinance shall not exceed a total of 1,970 new allocations for the time
period of July 13, 2013 through July 12, 2023, plus any available unused ROGO
allocations froth a previous ROGO year. A ROGO year means the twelve -month
period beginning on July 13. Market rate allocations shall not to exceed 126
residential units per year. Unused allocations for market rate shall be available for
Administrative Relief.
In 2012, pursuant to Rule 28- 20.140, F.A.C., the Department of Economic
Opportunity completed the hurricane evacuation clearance time modeling task
and found that with 10 years' worth of building permits, the Florida Keys would
1
� 4
be at a 24 hour evacuation clearance time. This creates challenges for State of
Florida and Monroe County as there are 8,168 privately owned vacant parcels
[3,979 Tier I; 393 Tier II, 260 Tier III -A (SPA); 3,301 Tier III, and 235 No tier
(ORCA, etc.)] and with 1,970 new allocations this may result in a balance of
6,198 privately held vacant parcels at risk of not obtaining permits in the future:
In recognition of the possibility that the inventory of vacant parcels exceeds the
total number of allocations which the State will allow the County to award, the
County will consider adopting an extended timeframe for distribution of the
ROGO allocations through 2033 with committed financial support from its State
and Federal partners. This timeframe can provide a safety net to the County and
provide additional time to implement land acquisition and other strategies to
reduce the demand for ROGO allocations and help transition land into public
ownership.
The County is actively engaged in acquisitions and is requesting its State and
Federal partners for assistance with implementing land acquisitions in Monroe
County. The County will allocate the 1,970 new dwelling unit allocations over a
10 year timeframe. If substantial financial support is provided by July 12, 2018,
the County will reevaluate the ROGO distribution allocation schedule and
consider an extended timeframe for the distribution of market rate allocations
(through a comprehensive plan amendment). Further, the State and County shall
develop a mutually agreeable position defending inverse condemnation cases and
Bert J. Harris, Jr. Private Property Rights Protection Act cases, with the State
having an active role both directly and financially in the defense of such cases.
The County shall distribute ROGO allocations by ROGO year, as provided in the
table below.
A
ROGO Year Anneal Allocation
Market Rate Affordable Housing
July 13, 2013- July 12. 2014 126 71
July 13.2014- July 12, 2015. 126 71
July 13, 2015 - July 12. 2016 126
July 13, 2016- July 12. 2017 126
July 13, 2017 - July 12. 2018 126 568 total AFH
July 13, 2018- July 12, 2019 126
(total available
July 13, 2019- July 12, 2020 126
immediately)
July 13 . , - 2,020- July 12, 2021 126
July 13, 2021- July 12,2022 126
July 13.2022- July 12, 2023 126
TOTAL 1.260 710*
*(includes two annual affordable ROGO allocations for the Big Pine Key/No Name Key subarea)
The State of Florida, pursuant to Administration Commission Rules, may modify
fi
the annual allocation rate. Monroe County will request a Rule change from the
Administration Commission to authorize the above allocation timeframe and rate.
Policy 101.3.3
Monroe County shall allocate at least 20% of the annual allocation, or as may be
established by the State of Florida, pursuant to Administration Commission Rules,
to affordable housing units as part of ROGO. Any portion of the allocations not
used for affordable housing shall be retained and be made available for affordable
housing from ROGO year to ROGO year. Affordable housing eligible for this
separate allocation shall meet the criteria specified in Policy 601.1.4 and the Land
Development Code, but shall not be subject to the competitive Residential Permit
Allocation and Point System in Policy 101.6.4. Any parcel proposed for
affordable housing shall not be located within an area designated as Tier I as set
forth under Goal 105 or within a Tier III -A Special Protection Area as set forth in
Policy 205.1.1.
Policy 101.6.8
Monroe County shall maintain a Transfer of ROGO Exemption (TRE) program,
that allows for the transfer off -site of dwelling units, hotel rooms,
campground /recreational vehicle spaces and /or mobile homes to another site in
the same ROGO subarea, provided that they are lawfully existing and can be
accounted for in the County's hurricane evacuation model. Dwelling units may
be transferred as follows:
a. between sites in the Upper Keys ROGO subarea;
b. between sites in the Lower Keys ROGO subarea;
c. between sites in the Big Pine Key and No Name Key ROGO subarea;
i, units from the Big Pine Key and No Name Key ROGO subarea may
also be transferred to the Lower Keys ROGO subarea.
No sender units may be transferred to an area where there are inadequate facilities
and services.
Sender Site Criteria:
1. Contains a documented lawfully- established sender unit recognized by the
County; and
2. Located in a Tier I, II, III - A , or III designated area; including any tier within
the County's Military Installation Area of Impact (1VIIAI) Overlay.
Receiver Site Criteria:
1. The Future Land Use category and Land Use (Zoning) District must allow
the requested use;
2. Must meet the adopted density standards;
3. Includes all infrastructure (potable water, adequate wastewater treatment
and disposal wastewater meeting adopted LOS, paved roads, etc.);
4. Located within a Tier III designated area; and
5. Structures are not located in a velocity (V) zone or within a CBRS unit.
1
7
j
1
Policy 101.3.10
Notwithstanding any other provision of the Plan, ROGO allocations utilized for
affordable housing projects may be pooled and transferred between ROGO subareas,
excluding the Big Pine/No Name Keys ROGO subarea, and between local
government jurisdictions within the Florida Keys Area of Critical State Concern
(ACSC). Any such transfer between local government jurisdictions must be
accomplished through an interlocal agreement between the sending and receiving
local governments.
Glossary
NROGO Subarea means the division of the unincorporated area of the county, outside of the
county mainland, for the Permit Allocation and Point System, as follows:
(1) Upper Keys: the unincorporated area of the county north of Tavernier Creek and
corporate limits of the Village of Islamorada (approximately mile marker 90).
(2) Lower Keys: the unincorporated area of the county from the corporate limits of the
Village of Islamorada (approximately mile marker 72) south to the corporate limits of
the City of Key West at Cow Key Bridge on U.S. Highway 1 (approximately mile
marker 4), excluding Big Pine Key and No Name Key.
(3) Big Pine Key and No Name Key: the islands of Big Pine Key and No Name Key.
Land Development Code (LDC):
Sec. 138 -20. General Provisions.
(c) Applicability. The ROGO allocation system shall apply within the unincorporated area of the
county outside of the county mainland, and such area, for purposes hereof, has been divided into
subareas as follows:
(1) Upper Keys: the unincorporated area of the county north of Tavernier Creek and corporate
limits of the Village of Islamorada (approximately mile marker 90).
(2) Lower Keys the unincorporated area of the county from the corporate limits of the Village
of Islamorada (approximately mile marker 72) south to the corporate limits of
the City of Key West at Cow Key Bridge on U.S. Highway 1 (approximately mile marker 4),
excluding Big Pine Key and No Name Key.
(3) Big Pine Key and No Name Key: the islands of Big Pine Key and No Name Key within
the unincorporated county.
Sec. 138 -22. Type of Development Not Affected.
1
{
(b) Transfer off -site. Residential dwelling units and transient units may be transferred to another
site in the same ROGO subarea, provided that the units lawfully exist and can be accounted for in
the County's hurricane evacuation model.
(1) ROGO exemptions may be transferred as follows:
a. between sites within the Upper Keys ROGO subarea;
b. between sites within the Lower Keys. ROGO subarea;
c. between sites within the Big Pine Key and No Name Key ROGO subarea;
} d. from the Big Pine Key and No Name Key ROGO subarea to the Lower Keys ROGO
subarea.
(2) No sender units may be transferred to an area where there are inadequate facilities and services.
(3) Transfer off-site shall consist of either the demolition of a dwelling unit on a sender site or a
change of use of the floor area of dwelling unit on a sender site to another permitted use in the
applicable land use (zoning) district that does not require the ROGO . exemption and the
development of a new dwelling unit, transient unit or affordable housing unit on a receiver site.
(4) Transfer of Lawfully Established Unit Types:
a. Transfer of a transient unit. A lawfully established hotel room, motel room, campground space,
or recreational vehicle space may be transferred off-site to another hotel, motel, campground or
recreational vehicle park.
b. Transfer of an affordable housing unit. A lawfully established permanent market rate or
affordable dwelling unit may be transferred to affordable housing. The receiver site shall be
developed with an affordable housing unit pursuant to Sections 101 -1 and 139 -1.
c. Transfer of a market rate unit. A lawfully established permanent market rate dwelling unit may
be transferred to a receiver site and developed as a market unit, provided that one of the following
is satisfied:
1. A 99 year deed - restricted affordable housing unit, pursuant to Sections 101 -1 and 139 -1, is
retained or redeveloped on the sender site. If the existing dwelling unit is proposed as the deed -
restricted affordable housing unit, the unit shall pass a life safety inspection conducted in a manner
prescribed by the Monroe County Building Department, comply with hurricane standards
established by the Florida Building Code, and habitability standards established under the Florida
Landlord and Tenant Act; or
2. The sender site is dedicated to Monroe County for the development of affordable housing and
an in -lieu fee per unit, based on the current maximum sales price for a one - bedroom affordable
unit as established under Section 139 -1(a), is paid to the affordable housing trust fund; or
3. A 99 year deed - restricted affordable housing unit, pursuant to Sections 101 -1 and 139 -1, is
developed on a Tier III property (single- family residential lots or parcels) and the dwelling unit on
the sender site is demolished and the sender site is restored.
(5) Sender Site Criteria:
a. Contains a documented lawfully - established sender dwelling unit pursuant to subsection (a) and
recognized by the County; and
b. Located in a Tier I, 11, III - A, or III designated area; including any tier within the County's
Military Installation Area of Impact (MIAI) Overlay.
(6) Receiver Site Criteria:
a. The Future Land Use category and Land Use (Zoning) District must allow the requested use;
b. Must meet the adopted density standards;
c. Includes all infrastructure (potable water, adequate wastewater treatment and disposal
wastewater meeting adopted LOS, paved roads, etc.);
d. Located within a Tier III designated area; and
e. Structures are not located in a velocity (V) zone or within a CBRS unit.
(1) A pre - application conference and, at a minimum, a minor conditional use permit approval shall
be required for both the sender site and the receiver site. The minor conditional use for the transfer
shall be reviewed pursuant to standards in this subsection (2) and not the standards provided in
Section 110 -67. As part of the minor conditional use permit approval process, mailing of notice
shall be required to owners of real property located within 600 feet of the receiver site and owners
of real property located within 600 feet of the sender site. The receiver shall be posted in
accordance with Sections 110 -5(h) and 110 -69. Posting of notice, as required in Section 1 -5(c)
shall be required for the receiver site, but not the sender site.
(2) A sender unit shall be assigned a unique identifier number that shall be used for tracking and
monitoring by the Planning and Environmental Resources Department. Multiple units to be
transferred from a sender site to a single receiver site may be authorized under a single minor
conditional use permit approval. The unique identifier number shall be itemized in the minor
conditional use permit development orders and building permits required for both the sender and
receiver sites.
(d) Conditions for issuance of permit. No building permit shall be issued for the new dwelling unit,
transient unit or affordable housing unit on the receiver site until one of the following conditions
is met: (1) The dwelling unit to be transferred is demolished as per an issued demolition permit
and a final inspection of the demolished or removed dwelling unit or space has been completed
and approved by all necessary county staff;
(2) The structure in which the dwelling unit to be transferred is located is converted to another
permitted use as per an issued building permit and a final certificate of occupancy for the
conversion has been issued; or
(3) Restoration of the sender site consistent with an approved restoration /re- vegetation plan.
Sec. 138 - 24. Residential ROGO Allocations.
(b) Number of available annual residential ROGO allocations. The number of market rate
residential ROGO allocations available in each subarea of the unincorporated county and the
total number of affordable residential ROGO allocations available countywide shall be as
follows:
Subarea Number of Dwelling Units
Upper Keys 61
Lower Keys 57 .
Big Pine and No Name ICe_ys 8
Total market rate 126
Affordable dwelling units
Very.I,ow, Low, .And Median Incomes 360*
Moderate Inconi 350*
*Includes one annually for Big Pine Key and No Name Key,
ROGO Year Annual Allocation
Market Rate Affordable Housing
July 13, 2013- July 12, 2014 126
U: 61, L: 57, BPK/NNK: 8 71
- July 13, 2014- July 12, 2015 126
U: 61, L 57, BPK/NNK: 8 71
. July 13, 2015- July 12, 2016 126
U: 61, L: 57, BPK/NNK: 8 71
July 13, 2016- July 12, 2017 126 --
i
U: 61, L: 57, BPK/NNK: 8
July 13, 2017- July 12, 2018 126 497 total AFH
U: 61, L: 57, BPK/NNK: 8
July 13, 2018- July 12, 2019 126 (total available
U: 61, L: 57, BPK/NNK: 8 immediately)
July 13, 2019- July 12, 2020 126
U: 61, L: 57, BPK/NNK: 8
July 13, 2020 - July 12, 2021 • 126
U: 61, L: 57, BPK/NNK: 8 _
July 13, 2021- July 12, 2022 126
U: 61, L: 57, BPKNNK:
July 13, 2022- July 12, 2023 126
U: 61,.L;_57, BPK/NNK:_8
TOTAL 1,260 710*
*(includes two annual affordable ROG0 allocations for the Big Pine Key-No Name Key subarea)
•
SECOND CORRECTED INTERLOCAL AGREEMENT BETWEEN
MONROE COUNTY AND THE CITY OF MARATHON
TRANSFERRING AFFORDABLE HOUSING RESIDENTIAL ALLOCATIONS
This Agreement ( "Agreement ") is made and entered into this day of
, 2018, by and between Monroe County, a political subdivision of the State
of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 ( "County")
and the City of Marathon, a municipal corporation of the State of Florida, whose address
is 9805 Overseas Highway, Marathon, Florida 33050 (the "City");
WITNESSETH:
WHEREAS, Monroe County and the City of Marathon recognize the value of
regional partnerships in smart growth; and
WHEREAS, Policy 101.2.3.105. of the Year 20340 Monroe County Comprehensive
Plan allows Rate of Growth Ordinance building permit allocations ( ROGOs) for affordable
housing projects to be pooled and transferred between local government jurisdictions
within the Florida Keys Area of Critical State Concern, if accomplished through an
interlocal agreement between the sending and receiving local governments; and
WHEREAS, Chapter Five (5) of the City Comprehensive Plan identifies goals,
objectives and policies to provide for development pursuant to intergovernmental
coordination and interlocal agreements; and
WHEREAS, Monroe County and the City of Marathon have previously entered
into Interlocal Agreements to transfer ROGOs; and
WHEREAS, Monroe County and the City of Marathon recognize the potential
economic value of such transferable affordable allocations; and
WHEREAS, this Agreement is entered into according to the authority of Florida
Statutes, Section 163.01, et. seq., Florida Interlocal Cooperation Act of 1969, which states:
"It is the purpose of this section to permit local government units to make the most
efficient use of their powers by enabling them to cooperate with other localities on
a basis of mutual advantage and thereby to provide services and facilities in a
manner and pursuant to forms of governmental organization that will accord best
with geographic, economic, population, and other factors influencing the needs and -
development of local communities"; and
1
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 11 /2 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. %2 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, ate 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)
2
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 low income units shall qualify as
earning at least 70% of their income within Monroe County_; renters of median income
units shall qualify as ruing at 1 ast 100 °:, 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 2. ASSIGNMENT: Monroe County has assigned its rights to the
affordable
allocations to the City, and the eighteen (18) affordable housing allocations are to be issued Formatted: Indent: First line: 0.5"
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 Ke} s_Subarea, Transfers shall be approved and documented pursuant to the y( Formatted: Highlight
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
3
Florida Not for Profit Corporation; for the duration of the ROGO allocations described in Section
1. ( "Transfer ") above, and (2) shall notify Monroe County of any assignment(s) and successor(s)
in interest or title to the ROGO allocations described in Section 1. ( "Transfer ") above at least
thirty (30) days prior to the date of such transfer or succession by certified U. S. Postal Service
Certified mail to the Monroe County Planning & Environmental Resources Senior
Director.
All such notices under this Section ( "Section 4. ") shall be sent to the following addresses:
Monroe County Administrator
1100 Simonton Street
Key West, FL 33040
Planning & Environmental Resources Department
Attn: Senior Director
2978 Overseas Highway
Marathon, FL 33050
Monroe County Attorney
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 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 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
4
time, relating to nondiscrimination; and (9) any other nondiscrimination provisions in any federal
or state statues or local ordinances which may apply to the parties to, or the subject matter of, this
Agreement.
Section 7. CODE OF ETHICS: The parties agree that their officers and employees
recognize and will be required to comply with the standards of conduct relating to public officers
and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to,
solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation;
misuse of public position, conflicting employment or contractual relationship; and disclosure or
use of certain information.
Section 8. NO SOLICITATION/PAYMENT: The parties warrant that, in respect to
itself, it has neither employed nor retained any company or person, other than a bona fide employee
working solely for it, to solicit or secure this Agreement and that it has not been paid or agreed to
pay any person, company, corporation, individuals, or firm, other than a bona fide employee
working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon
or resulting from the award or making of this Agreement. For the breach of violation of this
provision, each party agrees that the other party shall have the right to terminate this Agreement
without liability and, at its discretion, to offset from monies owed, or otherwise recover the full
amount of such fee, commission, percentage, gift, or consideration.
Section 9. SUBORDINATION: This Agreement is subordinate to the laws and
regulations of the United States and the State of Florida, whether in effect on commencement of
this Agreement or adopted after that date.
Section 10. INCONSISTENCY: If any item, condition, or obligation of this
Agreement is in conflict with other items of this Agreement, the inconsistencies shall be construed
so as to give meaning to those terms which limited the County's responsibility and liability.
Section 11. PUBLIC ACCESS TO RECORDS: The parties shall allow and permit
members of the public reasonable access to, and inspection of, all documents, papers, letters, or
other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by
the parties in conjunction with this Agreement.
Section 12. NON - RELIANCE BY NON - PARTIES: Other than as stated herein, no
person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to
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
5
shall be liable personally on this Agreement or be subject to any personal liability or accountability
by reason of the execution of this Agreement.
Section 14. NOTICES: All notices and other communications hereunder must be in
writing and addressed as follows, or to any other address which either party may designate to the
other party by mail:
If to County: Roman Gastesi, Jr., County Administrator
Monroe County Historic Gato Building
1100 Simonton Street
Key West, Florida 33040
Planning & Environmental Resources Department
Attn: Senior Director
2798 Overseas Highway
Marathon, FL 33050
With a copy to: Robert B. Shillinger, Jr., Esquire
Monroe County Attorney's Office
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
6
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.
S Section 18. SEVERABILITY; The provisions_of this ILA are declared to_be - Formatted: Font: (Default) Times New Roman
severable, and if any sentence, section, clause or phrase of this ILA shall, for any reason, be held Formatted: Font: (Default) TimesNewRoman, Not Bold
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 19. 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,. - ' Formatted: Font: Bold
OF MONROE COUNTY, FLORIDA
ATTEST: KEVIN MADOK, CLERK
By:_ By:
Deputy Clerk — -- -...__ - Ri ce, ___ __.__......_.....--- ..... - - -- -` Formatted: Font: Bold
flavor et _ —
C }�f ._.__..__.._.__._._..-....---..__..._.....---._----_.._.._...__.__._---....__..._._..._....__..._._..______— _- _- _------ ..............._.__. _.._.._... [Formatted: Font: Bold
Date , ( Formatted: Font: Bold
Formatted: Font: Bold
7
_AP_ PROVED AS TO FORM AND _ _ - Formatted: Font Bold
IEGAL SUFFICIENCY Formatted: Font: Bold
By:
-- Formatted: Font: Bold
Robert B. Shillinger Jr.
As*tatit Formatted: Font: Bold
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:
8
•
INTERLOCAL AGREEMENT BETWEEN
MONROE COUNTY AND THE CITY OF MARATHON
TRANSFERRING AFFORDABLE HOUSING RESIDENTIAL ALLOCATIONS
This Agreement ( "Agreement ") is made and entered into this day of
, 2018, by and between Monroe County, a political subdivision of the State
of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 ( "County ")
and the City of Marathon, a municipal corporation of the State of Florida, whose address
is 9805 Overseas Highway, Marathon, Florida 33050 (the "City ");
WITNESSETH:
WHEREAS, Monroe County and the City of Marathon recognize the value of
regional partnerships in smart growth; and
WHEREAS, Policy 101.3.10 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:
"It is the purpose of this section to permit local government units to make the most
efficient use of their powers by enabling them to cooperate with other localities on
a basis of mutual advantage and thereby to provide services and facilities in a
manner and pursuant to forms of governmental organization that will accord best
with geographic, economic, population, and other factors influencing the needs and
development of local communities "; and
1
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 1/2 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. %a 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 comer 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)
2
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 2. ASSIGNMENT: 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
Florida Not for Profit Corporation; for the duration of the ROGO allocations described in Section
1. ( "Transfer ") above, and (2) shall notify Monroe County of any assignment(s) and successor(s)
in interest or title to the ROGO allocations described in Section 1. ( "Transfer ") above at least
3
thirty (30) days prior to the date of such transfer or succession by certified U. S. Postal Service
Certified mail to the Monroe County Planning & Environmental Resources Senior
Director.
All such notices under this Section ( "Section 4. ") shall be sent to the following addresses:
Monroe County Administrator
1100 Simonton Street
Key West, FL 33040
Planning & Environmental Resources Department
Attn: Senior Director
2978 Overseas Highway
Marathon, FL 33050
Monroe County Attorney
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 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 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.
•
4
Section 7. CODE OF ETHICS: The parties agree that their officers and employees
recognize and will be required to comply with the standards of conduct relating to public officers
and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to,
solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation;
misuse of public position, conflicting employment or contractual relationship; and disclosure or
use of certain information.
Section 8. NO SOLICITATION/PAYMENT: The parties warrant that, in respect to
itself, it has neither employed nor retained any company or person, other than a bona fide employee
working solely for it, to solicit or secure this Agreement and that it has not been paid or agreed to
pay any person, company, corporation, individuals, or firm, other than a bona fide employee
working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon
or resulting from the award or making of this Agreement. For the breach of violation of this
provision, each party agrees that the other party shall have the right to terminate this Agreement
without liability and, at its discretion, to offset from monies owed, or otherwise recover the full
amount of such fee, commission, percentage, gift, or consideration.
Section 9. SUBORDINATION: This Agreement is subordinate to the laws and
regulations of the United States and the State of Florida, whether in effect on commencement of
this Agreement or adopted after that date.
Section 10. INCONSISTENCY: If any item, condition, or obligation of this
Agreement is in conflict with other items of this Agreement, the inconsistencies shall be construed
so as to give meaning to those terms which limited the County's responsibility and liability.
Section 11. PUBLIC ACCESS TO RECORDS: The parties shall allow and permit
members of the public reasonable access to, and inspection of, all documents, papers, letters, or
other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by
the parties in conjunction with this Agreement.
Section 12. NON - RELIANCE BY NON - PARTIES: Other than as stated herein, no
person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to
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.
5
Section 14. NOTICES: All notices and other communications hereunder must be in
writing and addressed as follows, or to any other address which either party may designate to the
other party by mail:
If to County: Roman Gastesi, Jr., County Administrator
Monroe County Historic Gato Building
1100 Simonton Street
Key West, Florida 33040
Planning & Environmental Resources Department
Attn: Senior Director
2798 Overseas Highway
Marathon, FL 33050
With a copy to: Robert B. Shillinger, Jr., Esquire
Monroe County Attorney's Office
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.
6
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.
Section 18. SEVERABILITY: The provisions of this ILA are declared to be
severable, and if any sentence, section, clause or phrase of this ILA shall, for any reason, be held
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 19. 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 David Rice, Mayor
Date:
APPROVED AST 1 O RM AND
By: L A� //
Robert B. Shillinger Jr.
County Attorney
ATTEST: THE CITY OF MARATHON, FLORIDA
` t _
jf1 W&L B y: .i W 7
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, f .• I RIDA NLY:
By:
David igut i
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
L
By:
David Lyon
Senior Warden
Date: 7 //2 / /t'
8
°E BOARD OF COUNTY COMMISSIONERS
County of Monroe o��" Mayor David Rice, District 4
The Florida, Keys 7
Mayor Pro Tem Sylvia J. Murphy, District 5
.a Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
July 18, 2018
Agenda Item Number: 0.2
Agenda Item Summary #4348
BOCC approved 5 -0 by roll call vote 7/18/18
BULK ITEM: No DEPARTMENT: 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) of the County's affordable ROGO allocations to the City 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
allocations, this proposal is "takings neutral" for the County. In 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
settle the property owner's claim by relaxing the affordable housing regulations for that property, if
appropriate.
Based on past experience, the County's takings in -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
owner to recover damages plus attorney's fees and interest. 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.
REVIEWED BY:
Bob Shillinger Completed 07/03/2018 1:42 PM
Bob Shillinger Completed 07/03/2018 2:11 PM
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
INTERLOCAL AGREEMENT BETWEEN
MONROE COUNTY AND THE CITY OF MARATHON
TRANSFERRING AFFORDABLE HOUSING RESIDENTIAL ALLOCATIONS
This Agreement ( "Agreement ") is made and entered into this day of
, 2018, by and between Monroe County, a political subdivision of the State
of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 ( "County ")
and the City of Marathon, a municipal corporation of the State of Florida, whose address
is 9805 Overseas Highway, Marathon, Florida 33050 (the `,`.City ");
WITNESSETH:
WHEREAS, Monroe County and the ,Cify of Marathon recognize the value of
regional partnerships in smart growth; and /
WHEREAS, Policy 1012 15 of the Year 20 10 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 provide for `development='pursuant to intergovernmental
coordination and interlocal agreements, and '
WHEREAS, Monroe - °County and the City of Marathon have previously entered
into Interlocal to. transfer ROGOs, and
WHEREAS, Monroe County and the City of Marathon recognize the potential
economic value of such transferable'affordable allocations; and
WHEREAS ;this Agreement is entered into according to the authority of Florida
Statutes, Section 163.01, et. seq', Florida Interlocal Cooperation Act of 1969, which states:
"It is the purpose of this section to permit local government units to make the most
efficient use of their powers by enabling them to cooperate with other localities on
a basis of mutual advantage and thereby to provide services and facilities in a
manner and pursuant to forms of governmental organization that will accord best
with geographic, economic, population, and other factors influencing the needs and
development of local communities "; and
1
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 r�.
f .
The North 100 feet of the West '/2 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. '/2 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- V'aca, Monroe County, Florida, and being more
particularly described as follows:
Commencing at the intersectionof the Northwest, corner of Lot 22, and the Southeasterly
right -of -way line of U.S. HighwayNo.''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 Lcit . 22 for a distance of 150 feet
to a point, thencewith an interior angle of 85 degrees`;155minutes and Northeasterly parallel
with U.S. Highway No 1 for a distance o.f "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"Ffor 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 allocati
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)
2
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 oflow 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 leastN100 %o of their income wifhm Monroe County:
c. The transfer of the market rate rights from th .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 2. ASSIGNMENT: Monroe County has assigned its rights 16 the affordable
allocations to the City, and the eighteen (1 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. / j
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
Florida Not for Profit Corporation; for the duration of the ROGO allocations described in Section
1. ( "Transfer ") above, and (2) shall notify Monroe County of any assignment(s) and successor(s)
3
in interest or title to the ROGO allocations described in Section 1. ( "Transfer ") above at least
thirty (30) days prior to the date of such transfer or succession by certified U. S. Postal Service
Certified mail to the Monroe County Planning & Environmental Resources Senior
Director.
All such notices under this Section ( "Section 4. ") shall be sent to the following addresses:
Monroe County Administrator
1100 Simonton Street
Key West, FL 33040
Planning & Environmental Resources Department
Attn: Senior Director
2978 Overseas Highway
Marathon, FL 33050 �'
Monroe County Attorney
1111 12 Street, Suite 408
Key West, FL 33040 w
Section 5. GOVERNING,LAWS/VENUE: ThisAgreement 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 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. any further action i 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
4
or state statues or local ordinances which may apply to the parties to, or the subject matter of, this
Agreement.
Section 7. CODE OF ETHICS: The parties agree that their officers and employees
recognize and will be required to comply with the standards of conduct relating to public officers
and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to,
solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation;
misuse of public position, conflicting employment or contractual relationship; and disclosure or
use of certain information.
Section 8. NO SOLICITATION/PAYMENT: _The parties warrant that, in respect to
itself, it has neither employed nor retained any company or person, other than a bona fide employee
working solely for it, to solicit or secure this Agreement and that it has not been paid or agreed to
pay any person, company, corporation, individuals or firm, Other than a bona fide employee
working solely for it, any fee, commission, percentage/gift, or other consideration contingent upon
or resulting from the award or making of this Agreement. For the breach of violation of this
provision, each party agrees that the other party "shall have the right to terminate this Agreement
without liability and, at its discretion, to offset from monies -owed, or otherwise recover the full
amount of such fee, commission, percentage, gift, or- ,considerati'on.
Section 9. SUBORDINATION:' - This Agreement is subordinate to the laws and
regulations of the United States and the State of Florida, whether in effect on commencement of
this Agreement or adopted after that date: `,
Section 10. / 'INCONSISTENCY:, If, any "item, .condition, or obligation of this
Agreement is in conflict with other items of this Agreement, the inconsistencies shall be construed
so as to give meaning to those terms which limited the County's responsibility and liability.
t f,
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 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
5
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 k ,
Key West, Florida 33040
Planning & Environmental Resources Department
Attn: Senior Director,, k,
2798 Overseas Highway`
Marathon, FL 33050x`'
With a copy to: Robert B. Shillmger, Jr,, Esquire` ,
MonroenCounty Attorney's Off cep
1111 qrStreet, Suite 408"
Key West`Florida 33040 ,,
If to City: Charles Lindsay
C Manager ° /
City of Marathon .'
9805 ",O.verseas Highway
Marathon, Florida 33050
\ George Garrett
Planning Director a
of Marathon
`5, 9805 Overseas Highway
„ Mgathon,FV 33050 •
With a copy to: David Migut, Esquire
sf :''�,. / 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
6
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 counterParf shall constitute one
and the same instrument.
Section 18. SEVERABILITY: .The;provisions ofthis ILA are declared to be severable,
and if any sentence, section, clause or phrase ofthis ILA shall; for,any reason, be held to be invalid .
or unconstitutional, such decision shall not affect the validity of theremaining 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 19. 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
/,, J OF MONROE COUNTY, FLORIDA
ATTEST: KEVIN M D'OK,- CLERK
By: • By:
Deputy Clerk Mayor /Chairperson
Date:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
7
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 Profit corporation -
By:
` David Lyon
Senior' Warden
Date: . ';
t r
8
R�O
, 1
l'°°�°��� Kevin Madok CPA
" i ..." Clerk of the Circuit Court & Comptroller — Monroe County, Florida
DATE: August 3, 2018
TO: Kathy Peters, CP
County Attorney's Office
r
FROM: Pamela G. Hanc4D.C.
SUBJECT: July 31 BOCC Meeting
Enclosed are two duplicate originals of Item C3, 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 unincorporated area of the County,
for your handling.
Should you have any questions, please feel free to contact me at ext. 3130. Thank you.
cc: Finance
File
•
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West, Rorida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 Plantation Key, Florida 338
305- 294 -4641 305- 289 -6027 305- 852 -7145 305- 852 -7145
INTERLOCAL AGREEMENT BETWEEN
MONROE COUNTY AND THE CITY OF MARATHON
TRANSFERRING AFFORDABLE HOUSING RESIDENTIAL ALLOCATIONS
T is Agreement ( "Agreement") is made and entered into this C day of
A , 2018, by and between Monroe County, a political subdivision of the State
of ' e, whose address is 1100 Simonton Street, Key West, Florida 33040 ( "County ")
and the City of Marathon, a municipal corporation of the State of Florida, whose address
is 9805 Overseas Highway, Marathon, Florida 33050 (the "City ");
WITNESSETH:
WHEREAS, Monroe County and the City of Marathon recognize the value of
regional partnerships in smart growth; and
WHEREAS, Policy 101.3.10 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:
"It is the purpose of this section to permit local government units to make the most
efficient use of their powers by enabling them to cooperate with other localities on
a basis of mutual advantage and thereby to provide services and facilities in a
manner and pursuant to forms of governmental organization that will accord best
with geographic, economic, population, and other factors influencing the needs and
development of local communities "; and
1
•
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 1/2 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. 1 /2 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)
2
•
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 2. ASSIGNMENT: 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 )LA 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
Florida Not for Profit Corporation; for the duration of the ROGO allocations described in Section
1. ( "Transfer ") above, and (2) shall notify Monroe County of any assignment(s) and successor(s)
in interest or title to the ROGO allocations described in Section 1. ( "Transfer ") above at least
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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 ( "Section 4. ") shall be sent to the following addresses:
Monroe County Administrator
1100 Simonton Street
Key West, FL 33040
Planning & Environmental Resources Department
Attn: Senior Director
2978 Overseas Highway
Marathon, FL 33050
Monroe County Attorney
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 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 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 gifts; doing business with one's agency; unauthorized compensation;
misuse of public position, conflicting employment or contractual relationship; and disclosure or
use of certain information.
•
Section 8. NO SOLICITATION/PAYMENT: The parties warrant that, in respect to
itself, it has neither employed nor retained any company or person, other than a bona fide employee
working solely for it, to solicit or secure this Agreement and that it has not been paid or agreed to
pay any person, company, corporation, individuals, or firm, other than a bona fide employee
working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon
or resulting from the award or making of this Agreement. For the breach of violation of this
provision, each party agrees that the other party shall have the right to terminate this Agreement
without liability and, at its discretion, to offset from monies owed, or otherwise recover the full
amount of such fee, commission, percentage, gift, or consideration.
Section 9. SUBORDINATION: This Agreement is subordinate to the laws and
regulations of the United States and the State of Florida, whether in effect on commencement of
this Agreement or adopted after that date.
Section 10. INCONSISTENCY: If any item, condition, or obligation of this
Agreement is in conflict with other items of this Agreement, the inconsistencies shall be construed
so as to give meaning to those terms which limited the County's responsibility and liability.
Section 11. PUBLIC ACCESS TO RECORDS: The parties shall allow and permit
members of the public reasonable access to, and inspection of, all documents, papers, letters, or
other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by
the parties in conjunction with this Agreement.
Section 12. NON - RELIANCE BY NON - PARTIES: Other than as stated herein, no
person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to
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
Monroe County Attorney's Office
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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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.
Section 18. SEVERABILITY: The provisions of this ILA are declared to be
severable, and if any sentence, section, clause or phrase of this ILA shall, for any reason, be held
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 19. EFFECTIVE DATE: This Agreement shall take effect on the date set
forth above.
.1 • ITNESS WHEREOF, each party has caused this Agreement to be executed by its
,0 '° . , d representative.
,J f BOARD OF COUNTY COMMISSIONERS
` 4 _� OF MONROE COUNTY, FLORIDA
% 4 ' VIN MADOK, CLERK
9 hV
By: By:
/� /
,{}2/ f/ //*
//
Deputy Clerk David Rice, Mayor
Date: P, 9-0 if
e•-
L.L.1.
;cao APPROVED AS T EORM AND
CG
en
.•
Ira G
By: i4.1110
'-- a Robert B. Shillinger Jr.
County Attorney
7
ATTEST: THE CITY OF MARATHON, FLORIDA
Gt/ By Ut &2IL tza 71/
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, , • • RIDA NLY:
By:.
■
David igut
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: 7 /lz /I
8