Seaview Commons 10/17/2018 ��'S CAURtf`,1
°°° °F '% Kevin Madok, CPA
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1� Clerk of the Circuit Court& Comptroller—Monroe County, Florida
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DATE: December 17, 2018
TO: Emily Schemper, Acting Sr. Director
Planning&Environmental Resources
Alison Smith, Executive Assistant
Planning&Environmental Resources
FROM: Pamela Hanel(' ).C.
SUBJECT: October 17th BOCC Meeting ,
Enclosed are two duplicate originals of Item I10, Interlocal Agreement between Monroe
County and City of Marathon reserving(not transferring) sixty-four Affordable Housing ROGO
Allocations from Monroe County to the City of Marathon for an affordable housing project known
as Seaview Commons located at 100 Avenue D 1 - 7, Coco Plum Key, Marathon, Florida,
contingent on Marathon receiving their Early Evacuation Units from the State of Florida, for your
handling.
Should you have any questions, please feel free to contact me at(305) 292-3550.
cc: County Attorney
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,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
INTERLOCAL AGREEMENT BETWEEN
MONROE COUNTY AND THE CITY OF MARATHON
RESERVING AFFORDABLE HOUSING RESIDENTIAL ALLOCATIONS
This Agreement("Agreement") is made and entered into this 19`i day of Witter
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"), the City of Marathon, a
municipal corporation of the State of Florida, whose address is 9805 Overseas Highway,
Marathon, Florida 33050 (the "City"), and Seaview Commons, LLC (Seaview), whose address is
11100 Overseas Highway, Marathon, FL 33050;
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 of Marathon 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, on June 13, 2018, the Governor and Cabinet sitting as the Administration
Commission established the Workforce-Affordable Housing Initiative whereby the City may
establish a new limited category of BPAS Workforce Dwelling Units to be known as the
"Affordable - Early Evacuation Pool" which will provide 300 workforce-affordable building
permit allocations for the Workforce-Affordable Housing Initiative within the City of Marathon;
and
WHEREAS, pursuant to the provisions of Chapters, 163, 166 and 380 Florida Statutes,
the City has proposed to amend Chapter 1, "Future Land Use Element," of the Comprehensive
Plan adding Goal 1-4, "Workforce-Affordable Housing Initiative,"; and
WHEREAS, pursuant to Chapter 163, Florida Statutes, and Sections 101.02 and 102.22
of the Code, the Planning Commission sitting as the Local Planning Agency publicly considered
the proposed text amendment on August 20, 2018 at a duly noticed public hearing, and has
recommended approval of the proposed amendment to the City Council; and
WHEREAS,the City Council reviewed and approved transmittal of this Ordinance to the
Florida Department of Economic Opportunity and other required_agency reviewers on September
11, 2018; and
WHEREAS, the City Council intends to adopt the amendment on or about October 23,
2018, but no later than November 13, 2018, predicated upon ORC affirming the Ordinance; and
WHEREAS, Seaview applied for and obtained conditional use approval to redevelop,its
property located at 100 Avenue D 1 - 7, Coco Plum Key, Marathon, Florida, RE Numbers
00363700-000000, 00363710-000000 & 00363720-000000 into Sixty-Four (64) workforce
housing dwelling units conditioned on Seaview obtaining the building permit affordable
allocations; and
WHEREAS, Seaview desires to apply for tax credit financing from the Florida Housing
Finance Corp. which application deadline is November 8, 2018; and
WHEREAS, DEO is the State of Florida department designated with implementing the
Workforce-Affordable Housing Initiative, including review of the amendments of each local
governments Comprehensive Plan and Land Development Regulation; and
WHEREAS, DEO will not have completed their review of the proposed amendments to
City's Comprehensive Plan and Land Development Regulations prior to the deadline to apply for
tax credit financing from FHFC and therefore the amendments to City's Comprehensive Plan and
Land Development Regulations which would allow the City to directly allocate the Sixty-Four
(64)workforce building permit allocations; and
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WHEREAS, FHFC will not award tax credit financing to a project in the Florida Keys
that does not have its building permit allocations reserved; and
WHEREAS, it is the purpose of this ILA to reserve through Monroe County, sixty-four
(64) Early Evacuation Workforce Housing Allocations for the purposes of allowing the City to
sign the required FHFC RFA forms and Seaview to submit a timely application to FHFC in the
current funding cycle; and
WHEREAS,it IS NOT the intent to transfer the affordable allocations from the County to
the City, but simply to RESERVE them for the purposes of Seaview's application to the FHFC;
and
WHEREAS, the Early Evacuation Workforce Housing Allocations, as provided for
through a proposed amendment to the City's Comprehensive Plan and Land Development
Regulations, may only be utilized after the final approval by DEO and after passing all required
due process dates without appeal; and
WHEREAS, the parties recognize that the City will allocate the Three Hundred (300)
workforce-affordable building permit allocations for the Workforce-Affordable Housing Initiative,
from the pool; and
WHEREAS, the City fails to adopt its Comprehensive Plan Amendment and
complimentary amendment to the Land Development Regulations in a reasonable time frame,(one
year from the approval of the ILA by both parties),then Seaview agrees to drop its pursuit of the
project as an affordable project and will no longer request affordable allocation through this
vehicle; and
WHEREAS,the parties have determined that this Agreement is in the best interests
of the public and the public health, safety, and welfare,
NOW, THEREFORE,the parties hereto agree as follows:
Section 1. RESERVATION: The parties agree that the County will reserve sixty-
four(64)affordable housing allocations for the sole purposes of allowing Seaview Commons,LLC
to submit a timely application to Florida Housing Finance Corporation (FHFC) in the Fall 2018
funding cycle subject to the following conditions.
a. The terms of this Agreement are that the Reservation will remain in place
for one year from the date of this Agreement.
b. If,the City of Marathon has not completed both its Comprehensive Plan and
LDR amendments to receive up to 300 Affordable - Early Evacuation Units through the
Administration Commission's Workforce-Affordable Housing Initiative, including any
challenge and appeal,within one year from the date of this Agreement,then the reservation
of the County's ROGO allocations will expire, this ILA and the project will become null
and void, and the County will be free to reserve and/or award the sixty-four (64)
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allocations, which are the reserved under the Agreement, to other projects in the
unincorporated areas of the County.
c. If the City successfully completes its Comprehensive Plan and LDR
amendments to receive the 300 Affordable — Early Evacuation Units through the
Administration Commission's Workforce-Affordable Housing Initiative prior to the one
(1) year expiration period of this Agreement,the City shall award sixty-four (64) of those
allocations it receives from the State to Seaview for use on the subject project and the
reservation of the County's sixty-four (64) allocation shall immediately expire and the
County will be free to reserve and/or award the sixty-four (64) allocations, which are
reserved under this Agreement,to other projects in the unincorporated areas of the County_
Section 2. TERM: Subject to and upon the terms and conditions set forth herein, this
Agreement shall continue in force for one year from the date that the last party signs this
Agreement..
Section 3. NOTIFICATION: The City of Marathon shall (1) notify Monroe County
of any assignment(s) and successor(s) in interest or title to the Property Owner for the duration of
the ROGO allocations described in Section 1.("Reservation")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. ("Reservation") 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 12th Street, Suite 408
Key West, FL 33040
Section 4. 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.
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Section 5. 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.
Section 6. 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 7. 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 8. 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 9. 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.
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Section 10. 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 11. 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 12. NO PERSONAL LIABILITY: No covenant or agreement contained
herein shall be deemed to be a covenantor agreement of any member, officer, agent or employee
of a party in his or her individual capacity, and no member, officer, agent or employee of a party
shall be liable personally on this Agreement or be subject to any personal liability or accountability
by reason of the execution of this Agreement.
Section 13. 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, FL 33040
Planning&Environmental Resources Department
Attn: Senior Director
2798 Overseas Highway
Marathon, FL 33050
With a copy to: Robert B. Shillinger, Jr., Esquire
Monroe County Attorney's Office
P.O. Box 1026
Key West, FL 33041-1026
If to City: Charles Lindsey
City Manager
City of Marathon
9805 Overseas Highway
Marathon, FL 33050
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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
If to Seaview Mr. Brian Schmitt
Seaview Commons, LLC
11100 Overseas Highway
Marathon, FL 33050
With a copy to: Thomas D. Wright, Esq.
Law Offices of Thomas D. Wright, Chartered
9711 Overseas Highway
Marathon, FL 33050
Attorney for Property Owner
Any notice required by this Agreement to be given or made within a specified period of
time, or on or before a date certain, shall be deemed to have been duly given if sent by certified
mail, return receipt requested, postage and fees prepaid; hand delivered, or sent by overnight
delivery service.
Section 14. 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 15. 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 16. COUNTERPARTS: This Agreement may be executed in several
counterparts, each of which shall be deemed an original, and such counterparts shall constitute one
and the same instrument.
Section 17. EFFECTIVE DATE: This Agreement shall take effect on the date that the
last party signs this Agreement.
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IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its
,,a .,tily,illt prized representative.
4,rC es06. j t(Fa
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t . S. ti)\r n BOARD OF COUNTY COMMISSIONERS
.� r�=,.) \ , OF MONROE COUNTY, FLORIDA
\Y\ATTES-'KEVIN MADOK ., CLERK
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By: C fu.4- By:
Deputy Clerk Mayor/Chairperson
Date: r? I.c 9
APPROVED AS TO FORM AND
LEGALITY FOR THE USE AND
RELIANCE OF MONROE COUNTY,
FLORIDA:
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By: ;/ ------k"
Robert B. Shillinger
County Attorney
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ATTEST: THE CITY MARATHON, FLORIDA
140/1b2- 1.� w�J�— By: }-16iCLIQ-
DIANE CLAVIER Mayor Michelle Coldiron
City Clerk Date: I % —+
(City Seal)
APPROVED AS TO FORM AND
LEGALITY FOR THE USE AND
RELIANCE OF THE CITY OF
MARATHON, FLORIDA ONLY:
By:
avid Migut
City Attorney
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WITNESSES: SEAVIEW
411- Imo g 14),AcifitA
Signature By: / , %ram
Vo ti nr( 191 Pill Vot.m2 S' •;7 j: . : sc itt
Name of witness (printed or typed) Title: (1 wner
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Signature cue
Name of witne s (printed or typed)
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