Marathon Key Housing Partners LP 1st Amendment 04/17/2019 •
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o�.0 Kevin Madok, CPA
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'`' Mk::: Clerk of the Circuit Court& Comptroller—Monroe County, Florida
DATE: April 18, 2019
TO: Emily Schemper, Senior Director
Planning&Environmental Resources
FROM: Pamela Hanc bib.C.
SUBJECT: April 17th BOCC Meeting
Enclosed are two duplicate originals of the following items for your handling:
I4 1st Amendment of the Interlocal Agreement between Monroe County and City of
Marathon transferring 55 low income Affordable Housing ROGO Allocations from Monroe
County to the City of Marathon, extending the deadline for Certificates of Occupancy for the
Key Vaca, LLC, Low Income Housing Tax Credit Project to December 31, 2021.
I5 1st Amendment to the revised Interlocal Agreement between Monroe County and City
of Marathon transferring 23 low income, 3 very low income, and 20 moderate income(46 total)
Affordable Housing ROGO Allocations from Monroe County to the City of Marathon, extending
the deadline for Certificates of Occupancy for the Crystal Cove Low Income Housing Tax Credit
Project, to December 31, 2021.
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 PIC/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
AMEN Ali MENT 1 TO
INTERLOCAL AGREEMENT 1r ETWEEN MONRS E COUNTY AN(i' THE CITY
OF MARATH N TRANSFERRING AFFORDA':LE HOUSING RESIDENTIAL
DWELLING UNIT ALLOCATIS NS
This Amendment("Amendment")to and Interlocal Agreement("Agreement")is made
and entered into this ra day of v r""- , 2019, 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").
WITNESSET
WHEREAS, Policy 101.2.15 of the Year 2010 Monroe County Comprehensive Plan
allows Rate of Growth Ordinance building permit allocations (hereinafter "affordable housing
ROGO allocations" or "affordable ROGOs") for affordable housing projects to be pooled and
transferred between local government jurisdictions within the Florida Keys Area of Critical
Concern,if accomplished through an interlocal agreement between the sending and receiving local
governments; and
WHEREAS, Chapter Five (5) of the City Comprehensive Plan 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 affordable ROGOs; and
WHEREAS, Monroe County and the City of Marathon recognize the potential economic
value of such transferable affordable ROGO allocations; and
WHEREAS, this Agreement is entered into pursuant to Florida Statutes, Section 163.01,
et seq., Florida Interlocal Cooperation Act of 1969, which states:
"It is the purpose of this section to permit local governmental units to make the most
efficient use of their powers by enabling them to cooperate with other localities on a basis of
mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms
of governmental organization that will accord best with geographic, economic, population, and
other factors influencing the needs and development of local communities"; and
WHEREAS, the comprehensive plans of Monroe County and the City of Marathon
expressly identify interlocal agreements as a meads of resolving issues mutually affecting their
respective jurisdictions; and
WHEREAS, Monroe County and the City of Marathon recognize the value of regional
partnerships in smart growth and the need in this instance to extend this Interlocal Agreement
(ILA) as previously approved; and
00093748-v3 1
WHEREAS, property in the ownership of Key Vaca, LLC pursuant to City Resolution
2016-122 has an approved Conditional Use Permit for a project that includes fifty-five (55)
affordable housing/workforce housing pertaining to the following site; and
WHEREAS, Key Vaca LLC has submitted plans for construction which the City has
reviewed and is nearing approval for; and
WHEREAS, on or about August 16, 2017 the City of Marathon and Monroe County
entered into an ILA in order to provide fifty-five (55) affordable ROGO allocations for the Key
Vaca, LLC project; and
WHEREAS, Section 15. of the Agreement provides the mechanism to amend the
Agreement, providing further that, "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,
WHEREAS, such a request is codified in Resolution 2019-27 of the City of Marathon,
Florida; and
WHEREAS,this Resolution provides the Amendment Document that the County requires in
order to carry out the extension request,
WHEREAS, the parties have determined that this Amendment to this Agreement
is in the best interests of the public and the public health, safety, and welfare; and
NOW, THEREFORE,the parties hereto agree as follows:
Section 1. AMENDMENT: Pursuant to this Amendment to the existing
Agreement, Section 3, the "Term" of the Agreement is hereby amended to become
December 31, 2021 with terms as follows:
"Section 3. TERM: Subject to and upon the terms and conditions set forth herein, this
Interlocal Agreement shall continue in force until the following occurs:
The project does not complete construction and does not obtain Certificates of Occupancy
for all fifty-five(55)affordable housing units contemplated herein by December 31,2021.
All affordable housing units for which Certificates of Occupancy are issued prior to
December 31, 2021 shall remain subject to this Interlocal Agreement irrespective of
whether all 55 affordable housing units contemplated herein receive Certificates of
Occupancy."
Section 2. EFFECT ON THE AGREEMENT: In all other respect, the
Agreement remains in full force and effect.
Section 3. EFFECTIVE DATE: This Agreement shall take effect on the date set forth above.
00093748-v3 2
9
R ,T-yk SS WHEREOF, each party has caused this Agreement to be executed by its duly
,�;A • A�,resentative.
O `r q, .,,, ,f =
4' ram,. BOARD OF COUNTY COMMISSIONERS
•"^..°•_.o��'- OF MONROE COUNTY,FLORIDA
ATTEST: KEVIN MADOK, CLERK
i
By: EW4V&IBy: /
Clerk Mayor Sylvia J. Murphy
Date: %t.LL17, 1.017
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
By: 27, L---4.1--___:
Assistant County Attorney
ATTEST: THE CITY OF i '.• ,0 1 ORIDA
0/42/410-114
� ;;�/
By: I�_�1 � ���/1/
DIANE CLAVIER Mayor o I. is
City Clerk Date: 9— 9
(City Seal)
APPROVED AS TO FORM AND
LEGALITY FOR THE USE AND
RELIANCE OF THE CITY OF
MARATHON, LORIDA ONLY:
3 _ 4'
By: ! z r s• F-
David igut, ity A orney m rr 70 1
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on CD
CD c7 :n
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00093748-v3 3