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Item I5 • d 4 BOARD Co.'COUNTY COMMISSIONERS Colin of Monroe ; 3 Mayor Sylvia Murphy,District 5 �J ;�1 ;� � Y Y The Florida Keys Mayor Pro Tem Danny Kolhage,District 1 `„:" Michelle Coldiron,District Heather Carruthers,District 3 David Rice,District 4 County Commission Meeting April 17, 2019 Agenda Item Number: 1.5 Agenda Item Summa ry #5422 REVISED BACKUP DAY OF MEETING: Inserted Amendment to ILA now executed by the City of Marathon. . BULK ITEM: Yes DEPARTMENT: .Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Juanita Jones (305) 289-2560 n/a AGENDA ITEM WORDING Approval of the 1st amendment to the revised Interlocal Agreement (ILA) 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(LIHTC)project,to December 31, 2021 ITEM:BACKGROUND: On December 14, 2016 the City.of Marathon and Monroe County entered:in to a revised Interlocal . Agreement (ILA) (transferring forty-six (46) Affordable .Housing ROGO allocations to the City to be utilized in a project in:the ownership of HTG Crystal Cove, LLC. The subject project sought and , has ultimately received.tax credit funding through the Florida Housing Finance'Corporation. The County has also entered into an ILA with the City of Marathon transferring:55 Affordable Housing ROGO allocations_to the e City for use in a project in the ownership of Key Vaca, LLC. The projects. .. known:'as Crystal Cove Market Site LLC (originally HTG:Crystal Cove) and Key Vaca LLC have . : submitted building plans jointly to complete a combined project. The building plans are yet to.be approved and :are currently being:reviewed. The City is requesting extensions to the deadlines for Certificates of Occupancy specified in both. ILAs. The subject: of this agenda item: is the ILA' regarding the Crystal Cove, LLC project. The ILA regarding the Key Vaca, LLC project has been included as a separate BOCC agenda item. The revised ILA provides a"reverter clause":and a term which specifies that: "Section 3. TERM: Subject to and upon the terms and conditions set forth herein, this Interlocal Agreement shall continue in force.until one of the following occurs: The project is not granted funding by FHFC LIHTC/WORKFORCE program in the FY16-17 or FY 17-18 competitive cycle; or The..project does not complete construction and does not obtain Certificates of Occupancy for all forty-six (46) affordable housing units contemplated herein by December 31, 2019. All affordable housing units for which Certificates of Occupancy:are issued prior to: December 31, 2019: shall a remain subject to this Interlocal Agreement irrespective of whether all 46 affordable housing units contemplated herein receive Certificates of Occupancy." The City requests that the aforementioned term specified in Section 3 of the ILA (attached) be extended to December 31, 2021 to allow appropriate time for the combined projects to be completed and to receive Certificates of Occupancy. The request is for following properties: . i ' '. :sit '' `_i-I' ! '-'rel..., gr.*,I a. T rill it ... :* SfiC ' 41 it. a ,.., c i 1 11 f '.may i • b 4' • rti )ti C{ ?�+0''} • • : a, ureitgt ,- it1 jar I 0 - .1111 1) —*sr.' IS. 4,C, - 1 r ._ Subject Parcels j 1 Are Highlighted ;7, ' s• 4 I 1. 14 ... . .). t,.E.":„..1 fNT r 4 •tt•MIT LAND _ �, ,�,� 1. t.�i`3T_-: If PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval. DOCUMENTATION: EXECUTED AND STAMPED Amendment 1 to ILA Marathon -HTG Crystal Cove (4 15 19) City of Marathon Resolution 2019-28 2016 ILA Marathon Crystal Cove Marathon CC Agenda Item April 9, 2019 -Resolution 2019-XXX for Amendment to ILA Crystal Cove FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Additional Details: REVIEWED BY: Emily Schemper Completed 04/02/2019 1:34 PM Assistant County Administrator Christine Hurley Completed 04/02/2019 2:34 PM Steve Williams Completed 04/02/2019 2:43 PM Maureen Proffitt Completed 04/02/2019 3:01 PM Budget and Finance Completed 04/02/2019 5:04 PM Maria Slavik Completed 04/02/2019 5:31 PM Mayte Santamaria Skipped 04/02/2019 4:51 PM Kathy Peters Completed 04/02/2019 6:00 PM Board of County Commissioners Pending 04/17/2019 9:00 AM AMENDMENT 1 TO INTERZLOCAL AGREEMENT BETWEEN MONROE COUNTY AND THE CITY OF MARATHON TRANSFERRING AFFORDABLE HOUSING RESIDENTIAL DWELLING UNIT ALLOCATIONS This Amendment ("Amendment")to an Interlocal Agreement("Agreement") is made and entered into this day of 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"). WITNESSETH: 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 means 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 HTG Crystal Cove 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,HTG Crystal r y Cove has submitted.plans for construction which the Cityhas reviewed and is nearing approval for building permits; and. WHEREAS, on or about December 14, 2016. the City of Marathon and Monroe County entered into an ILA in order to provide forty-six (46) affordable ROGO allocations for the Key Vaca, LLCproject, 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.2019-28 of the City of Marathon, Florida;and WHEREAS,this Resolution provides the Amendment Document that the County requires in order to cany 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 one of the following occur: The project is not granted funding by FHFC LIHTC/WORKFORCE program.by-at least the FY18-19 competitive cycle; or The project does not complete construction and does not obtain.Certificates of Occupancy for all 46 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 46 affordable housing units contemplated herein receive Certificates of Occupancy." Section 2. EFFECT ON THE AGREEMENT: In all other respects, the Agreement remains in full force and effect. 00093748:-v3 : 2 Section 3. 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: Clerk Mayor Date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: 7 Assistant County Attorney ATTEST: THE CITY OF MA THO ORI A By: Cr y_ DIANE CLAVIER Mayor Jo12n Bartu City Clerk ate: I� (City Seal) APPROVED AS TO FORM AND LEGALITY FOR THE USE AND RELIANCE OF THE CITY OF MARATH FLORIDA ONLY:. . By David igut, City ttorney 00093748 v3 3 Sponsored by: Lindsey CITY OF MARATHON,FLORIDA RESOLUTION 2019-28 A RESOLUTION OF THE CITY OF MARATHON, FLORIDA, REQUESTING AN EXTENSION OF THE TERM SPECIFIED IN SECTION } 3, "TERM" OF THE INTERLOCAL AGREEMENT BETWEEN THE MONROE COUNTY AND THE CITY OF MARATHON TRANSFERRRING AFFORDABLE HOUSING RESIDENTIAL DWELLING UNIT ALLOCATIONS FOR AN APPROVED PROJECT IN THE OWNERSHIP OF CRYSTAL COVE MARKET SITE LLC (FORMERLY HTG CRYSTAL COVE), TO BE LOCATED 4900 OVERSEAS HIGHWAY, MARTHON, FLORIDA ON PROPERTIES INCLUDING REAL ESTATE NUMBERS 00327150-000000, 00327910-000000, 00327920-000000, 00327990-000000, 00328000-000000, 00328010-000000, 00328020-000000, AND 00328030- 000000. NEAREST MILE MARKER 50; RESCINDING RESOLUTION 2017-106; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, On or about December of 2016, the City of Marathon and Monroe County entered into an Interlocal Agreement (ILA) (Resolution 2016-125) transferring forty-six (46) affordable housing residential dwelling units to the City to be utilized in a project in the ownership of HTG Crystal Cove,LLC; and WHEREAS,the subject project sought and has ultimately received tax credit funding through the Florida Housing Finance Corporation; and WHEREAS, the project known as Crystal Cove Market Site LLC (originally HTG Crystal Cove)and Key Vaca LLC have submitted building plans jointly to complete a combined project;and { WHEREAS, the building plans should be approved within the next several weeks (approximately March 31,2019); and WHEREAS,the ILA provides a"reverter clause"and a term which specifies that: "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 is not granted funding by FHFC LIHTC/WORKFORCE program in the FY16-17 or FY 17-18 competitive cycle; or The project does not complete construction and does not obtain Certificates of Occupancy for all forty-six (46) affordable housing units contemplated herein by December 31, 2019. All affordable housing units for which Certificates of Occupancy are issued prior to December 31,:2019 shall remain_ subject to this Interlocal Agreement irrespective of whether all 46 affordable housing units contemplated herein receive Certificates of Occupancy:" WHEREAS, the City requests that the term specified in Section 3 of the ILA (attached) be } extended to through the physical year of 2021 to allow appropriate time for the combined projects to be completed and to receive a Certificate of Occupancy; and WHEREAS, there is".a previous request (Resolution 2017-106) for an extension which Monroe County determined to be unnecessary at the time, thus Resolution 2017-106 should also be rescinded in favor of the current proposed Resolution, NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARATHON, FLORIDA,THAT:. Section 1. The above recitals are true and correct and incorporated herein.: Section 2. _ Rescind Resolution 2017-106. Section 3. The-City requests that the term specified in Section 3 of the ILA(Resolution 2016-125)be extended through the physical year of 2021 -December 31,2021. Section 4. The City Clerk shall forward a certified copy of this Resolution to appropriate individuals at Monroe County,Florida,the Florida Department of Economic Opportunity,the Florida. Housing Finance Corporation, the Florida Task Force on Affordable Housing, and the Executive Offices of the Governor. Section 5. Effective Date. This Resolution shall become effective immediately upon its adoption. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF MARATHON, FLORIDA,THIS 12TH DAY OF MARCH;2019. THE CITY, F MA HON,FLORIDA John Bartus, Mayor AYES: Cook, Gonzalez, Senmartin, Zieg, Bartus NOES: None ABSENT: None ABSTAIN: None ATTEST: Diane Clavier, City Clerk (City Seal) APPROVED AS TO FORM AND LEGALITY FOR THE USE AND RELIANCE OF THE CITY OF MARATHON,FLORIDA ONLY: David Migut, City Att rney . . . ore Spone d byi Lindsey CITY OF MARATHON,FLORIDA . RESO LUTION 2016-125.: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARATHON, FLORIDA, APPROVING MINOR.REVISIONS :TO THE INTERLOCAL BETWEEN' MONROE COUNTY AND THE CITY OF MARATHON,APPROVED ORIGINALLY PURSUANT:TO RESOLUTION:: 2016-104, TRANSFERRING AFFORDABLE HOUSING RESIDENTIAL ALLOCATIONS FOR A PROJECT KNOW:AS HTG CRYSTAL COVE APPROVED:BY THE CITY UNDER RESOLUTIONS 2016-71 & 2016-72; : ; . • AND PROVIDING AN EFFECTIVE DATE. • WHEREAS, the City of Marathon (the "City") wishes to enter into an Inter-Local Agreement with Monroe.County(the"County")for the purposes of Transferring affordable housing unit allocations;and WHEREAS;the Monroe County requested minor and non-substantive modifications to:the ILA approved by the City pursuant to Resolution 2016-104 and;the City has made such;minor modifications; WHEREAS, the Inter-Local Agreement with the County is in the best interest pf Monroe County and the City of Marathon for the purposes of providing opportunities for affordable housing, NOW;THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARATHON,FLORIDA,THAT: Section:1. The above recitals are true and correct and incorporated herein... Section 2. The Revised Inter-local Agreement (ILA) attached hereto as Exhibit"A", between Monroe County and the City of Marathon Transferring Affordable Housing Residential . - Allocations:for:a project known as HTG Crystal Cove. (Resolutions 2016-71 &2016�72 provided as :: PJ ry Exhibits B &"C")is hereby approved. Section 3.: :: This resolution shall take effect immediately upon its adoption. PASSED AND .APPROVED BY THE CITY COUNCIL: OF THE CITY OF MARATHON,FLORIDA,THIS 13th DAY OF DECEMBER,2016. THE CITY OF MARATHON,FLORIDA: • • 0 Dr.Daniel jai. , ,� or . . • • } A YES: NOES; ABSENT: ABSTAD : Diane Clavier,City Clerk (City Seal) .. ... ': • APPROVED AS TO FORM AND LEGALITY FOR THE USE AND RELIANCE OF THE:CITY OF MARATHON,FLORIDA ONLY: David igut,City Attoritey-'. EXI•IMIT A Interlocal Agreement f 1 ' Doctt 2109300 02/03/2017 3;11P11 Doctt 2109300 Filed Recorded in c cords of 9k 2337 pp gP48ONROEUNY KEOfficial INAOK M Th:111.00AL AGR[:F.MENT BETWEEN MONROE COUNTY AND THE CITY OF MARATHON TRANSFERRING AFFORDABLE HOUSING RESIDENTIAL DWELLING UNIT ALLOCATIONS This Agreement(" �Agreement")is made and entered into this 0 day of December,2016, 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 101.2.15 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)ofthe 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 Interlace!Cooperation Act of 1969,which states; "ft is the purpose of this section to permit local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities"; and • WHEREAS,the comprehensive plans of Monroe County and the City of Marathon expressly identify interlocal agreements as a means of resolving issues mutually affecting their respective jurisdictions; and Iof10 OoeM 2109300 UN 2837 Pah 2049 WHEREAS,the State of Florida Housing Finance Corporation (FHFC) Low Income Housing Tax Credits(LIHTC)application deadline is January 6,2017; and WHEREAS, HTG Crystal Cove Resort, LLLP a Florida limited liability limited partnership and or their assigns will be an applicant for FHFC LIHTC/WORKFORCE funding for Forty-six(46)affordable housing units(hereinafter referred to as"project")expected to be ranked and approved by the spring of 2017(i.e.,between March 20,2017,and May 1.2017), with closing on the project expected to occur by the fall of 2017 (i.e.,between September 22. 2017,and December 20,20I7);and WHEREAS, HTG Crystal Cove Resort,LLLP has received City of Marathon approval of a Conditional Use Permit by Resolution 2016-71 for a project that includes 46 affordable housing/workforce housing units pertaining to the following site: Legal Description attached as Exhibit A 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.TRANSFER: The parties agree to permit the transfer of up to 46 affordable housing ROGO allocations, comprised of Tewnty-three(23) low-income category, three (3) very-low income category, and twenty (20) moderate affordable housing ROGO allocations,from Monroe County to the City of Marathon for allocation,pursuant to this Agreement and subject to the conditions contained herein, including but not limited to: HTG Crystal Cove Resort, LLLP, or its assignee,constructing and obtaining a Certificate of Occupancy fora!) of the affordable housing units, situated upon the subject property described herein,related to the transferred affordable housing ROGO allocations subject of this lnterlocal Agreement,prior to December 31,2019;and The recording of a 99-year Affordable Housing Deed Restriction on all of the affordable housing units contemplated herein,in accordance with this Agreement,and in accordance with the applicable requirements of the Code of Ordinances, City of Marathon,Florida and similar requirements of the Florida Building Code(FBC). Section 2. ASSIGNMENT: Monroe County has assigned its rights to the affordable housing ROGO allocation contemplated herein to the City.and the 46 affordable housing ROGO allocations are to be issued by the City to be used specifically by HTG Crystal Cove Resort,LLLP, or its successor or assign, at the development in Marathon known as "Crystal Cove on 4900 Overseas Highway,Marathon"(Legal Description attached as Exhibit"A").In the event the subject project or,as applicable. HTG Crystal Cove Resort, LLLP, or, as applicable, its assign(s) and successor(s) in interest or title, fail to obtain 2of10 F , Do t2837 s3POI 2050 federal or state housing financial assistance and complete the construction as evidenced by issuance of a Certificate of Occupancy for all 46 units by the City of Marathon,any units which have not received a Certificate of Occupancy shall result in those allocations reverting to Monroe County and to their former status under the Agreement; no amendment to this Agreement is necessary or required to trigger this automatic reverter clause. Section 3. TERM: Subject to and upon the terms and conditions set forth herein, this Interlocal Agreement shall continue in force until one of the following occur; The project is not granted funding by FHFC LIHTC/WORKFORCE program in the FY 16-17 or FY 17-1 S competitive cycle;or The project does not complete construction and does not obtain Certificates of Occupancy for all 46 affordable housing units contemplated herein by December 31. 2019. All affordable housing units for which Certificates of Occupancy are issued prior to December 31, 2019 shall remain subject to this lnterlocal Agreement irrespective of whether all 46 affordable housing units contemplated herein receive Certificates of Occupancy, Section 4.NOTIFICATION:The City of Marathon shall j)Immediately notify Monroe County of any assignment(s) and successor(s) in interest or title to HTG Crystal Cove Resort,LLLP's interest(s)in the affordable housing ROGO allocation contemplated herein, and L2,1 Shall immediately notify Monroe County of any assignment(s) and successor(s) in interest or title to the affordable housing ROGO allocations contemplated herein above at least thirty(30)business 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.The City of Marathon shall further provide prompt written notice to Monroe County of the extension,termination,or expiration of the aforesaid Conditional Use Permit for project contemplated herein. The City of Marathon shall further provide prompt written notice to Monroe County of the issuance of Certificates of Occupancy for the subject affordable housing units within thirty(30)business days after issuance of said Certificates. 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;and Monroe County Planning& Environmental Resources Department Attn:Senior Director Subject:City of Marathon Interlocal Agreement 2798 Overseas Highway,Marathon,FL 33050:and With a copy to: Monroe County Attorney's Office Attn: County Attorney 3of10 Does 2109300 Bk0 2837 Pga 2051 Subject: City of Marathon Interlocal Agreement P.O.Box 1026 Key West,FL 3394$-330-11 Thomas D. Wright,Esq. Law Offices of Thomas D. Wright,Chartered 9711 Overseas Highway Marathon,FL 33050 Attorney for Property Owners Failure of the City of Marathon or HTG Crystal Cove Resort, LLLP or their assign(s) or successor(s) in interest or title,to perform any act required by this Interlocal Agreement shall neither impair nor limit the validity of this Agreement or limit its enforceability in any way. Section 5.CONSTRUCTION AND INTERPRETATION:The construction and interpretation of this Interlocal Agreement and Monroe County Code(s)provisions in arising from,related to,or in connection with this Agreement, shall be deferred in favor of Monroe County and such construction and interpretation shall be entitled to great weight on trial and on appeal. • Section 6.NO WAIVER: Monroe County shall not be deemed to have waived any rights under this Interlocal Agreement unless such waiver has been expressly and specifically provided. Section 7.LIMITATION OF LIABILITY: In the event of any litigation related to,arising from, or in connection with this Interlocal Agreement, the parties hereto and Keys Affordable Development III, LLC, and its assignees and successors-in-interest, hereby agree to expressly waive their right to a jury trial. Section 8, DUTY TO COOPERATE: When required to under this Interlocal Agreement, the City of Marathon and Keys Affordable Development, III,LLC,and its assignees and successors- . in-interest, shall, to ensure the implementation of the government.purpose furthered by this Agreement, cooperate with Monroe County's reasonable requests, regarding the conditions and provisions contained herein. Section 9. GOVERNING LAWSN.ENUE: 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 ice and costs.This Agreement is not subject to arbitration. Section 10.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 4of10 • 1 Deal i* 2837 Po 2052 (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 ofthe Rehabilitation Act of I973, as amended 3) 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 I912.ss. 523 and 527 (42 U.S.C. ss.290 dd-3 and 290 ee(03).as amended,relating to confidentiality of alcohol and drug abuse patient records; (7)The Americans With Disabilities Act of 1990(42 U.S.C. s. 1201 Note), as may be amended from time to time,relating to nondiscrimination on the basis of disability; (8) The Civil Rights Act of 1992 (Chapter 760, Florida Statutes,and Section 509.021,Florida Statutes),as may be amended from time to time,relating to non-discrimination;and(9)any other nondiscrimination provisions in any federal or state statutes or local ordinances which may apply to the parties to,or the subject matter of, this Agreement. Section IL 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 ur contractual relationship; and disclosure or use of certain information. Section 12.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 13.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 Intedacal Agreement or adopted after that date. Section 14. INCONSISTENCY: If any item, condition,or obligation of this Agreement is in conflict with other items of this Agreement,the inconsistencies shall be construed so as to give meaning to those terms which limited the County's responsibility or liability. Section 15.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 5 of 10 0 UN 2837 Pgtt 2053 conjunction with this Agreement. Section 16,NON-RELIANCE BY THIRD-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 o f 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 contem plated in this Agreement. Section 17,NO PERSONAL LIABILITY:No covenant or agreement contained herein shall be deemed to be a covenant or agreement ofany member,officer,agent or employee ofa 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 18. NOTICES: In addition to those communications and notice requirements set forth in Section 4. of this Agreement,all notices and other communications hereunder must • he in writing and addressed as follows, or to any other address which either party may designate to the other party by mail: If to Monroe County: Roman Gastesl,Jr.,County Administrator Monroe County Historic Gato Building 1100 Simonton Street • Key West,Florida 33040;and Planning&Environmental Resources Department Attn:Senior Director • Subject:City of Marathon Interiocal Agreement 2798 Overseas Highway,Marathon,FL 31050;and With a copy to: Monroe County Attorney's Office Attn: County Attorney Subject: City of Marathon lnterlocal Agreement P.O.Box 1026 Key West, FL 33041 Thomas D.Wright,Esq. Law Offices of Thomas D. Wright,Chartered 4 9711 Overseas Highway Marathon,FL 33050 • 6 of 10 { Dock 2109300 Oka 2837 Pgtl 2054 Attorney for Property Owners If to the City: City Manager 9805 Overseas Highway Marathon,Florida 33050 George Garrett,Planning Director 9805 Overseas Highway Marathon,Florida 33050 With a copy to: David Migut,Esquire City Attorney 9805 Overseas Highway Marathon,FL 33050 Thomas D.Wright,Esq. Law Offices of Thomas D. Wright,Chartered 9711 Overseas Highway 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 fee 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.Inconsistency,Partial Invalidity,Severability,and Survival of Provisions: If any condition or provision hereunder,or any portion thereof,is/are held to be invalid or unenforceable in or by any administrative hearing officer or court of competent jurisdiction, the invalidity or unenforceability of such condition(s)or provision(s)shall neither limit nor impair the operation, enforceability, or validity of any other condition or provision hereunder,or remaining portions thereof.All such other condition(s)or provision(s),or portions thereof,shall continue unimpaired in full force and effect. 7 of 10 Dock 2109300 Bitty 2837 Pgp 2096 Section 17.Captions and Paragraph Headings:Captions and paragraph headings,where used herein, are inserted for convenience only and are not intended to descriptively limit the scope and/or intent of the particular paragraph or text to which they refer, Section 18.Authority to Attest: Each party to this Intertocal Agreement represents and warrants to the other that the execution, delivery, and performance of this Agreement has been duly authorized by all necessary corporate and other organizational action,as required. Section 19. 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 20.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 21.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. • aevi . + t:t i� c- -r '�y + a BOARD OF COUNTY COMMISSIONERS" -_ "{� $ OF MONROE COUNTY,FLORIDA •1 r v;.ast)F' , r,: IN MADOK ,CLERK By: � � { t✓b,C, B '�• YltAl �' Clerk Mayor George NeuFtent Date: cJ�. t y'' G APPROVED AS TO FORM AND LEGAL SUFFICIENCY NBOE COUNTY ATTORNEY BY PROVED AS FORM: Assistant County Attorney STEVEN T.WILLIAMS ASSI81-ANT Ott TY ATTORNEY � Onto �.lrc' ATTEST: �� f�� THE CITY OF MARATHON,FLORIDA By: J�ea+f"` e-� --/ By, • DIANE CLAVER Mayor City Clerk Date: 8 of 10 Doe, 2109300 0kM 2837 POI 2006 (City Seal) APPROVED AS TO FORM AND LEGALITY FOR THE USE AND RELIANCE OF THE CITY OF MARATHON,FLO DA ONLY: By: � O David Nttgttt,City Alto iey ),‘ STATE OF FLORIDA COUNTY OF MONROE C `,r,.: . Thlo copy Is a True Copy of the Original on Fite In this Office. Witnoes My hand and OMclel Seal • And that earns Is In full tors end effect Thla 3144 day o --- /J A.D..20 7 % >/ KEVIN MADOK, CPA Clark C cult Court �Gw .�.. . Deputy Clark 90110 • Skit 263793Pgn 2037 1 1 • EXHIBIT"A' LEGALOPatiltiMN Lau S wild a(Thompson and Adams Subdivision ofGovemneent Lot I,Section 10,Too/reship 66 South,R.ennrro 12 Egg which plat is recorded in Plot Hook 2,et Page 24 of the Public Records of Monroe County,Florida, nun poi Lion of a 66-Voot right,of--way ofOtdStam Highway 4A.lying itsunedhrtely South of Lot 4 of Thompson and Ad is Subdivision according toUte plat thereof recorder'Iu?lazBnok2,e10324,of the Public Records of Monroe County,Florida. Together with a parcel of bay bottom land in the Hay of Florida Notch arena enlaceut to Lot 5 of TF.ompson•Adame Subdivision.na recorded In Plat pack 2,Page 24 of the Public Records of Monroe County,Florida,Sold Subdivision also being Ina pert of Qovemment Lot 1,Scotian 10, Towttatdp 66 South,Range 12 Best,end being more partieulerty described by metes and bounds as follows_ Commencing at the intersection 4 tdus Pant lion of Section 16,Township 66 South.Rangy)2 East, end the nerthwaerariy tight•of-way Hue of Old Moto Highway No.4A,Boar southwesterly along die •• mAhwasterly righto&tugs lute of Old Stem Highway Na.4A for a distance at 774.09 feet on the Southeast corner ofead Lot S;thence bee:North along,behest Ilea of Lett 5 fur*distance of 389.7f d t s�-• feet to the point of beginning afthe parcel of bay bottotu land berdtudtor described,from etrid point of begioning,eeatinue homing Natthslong the Rant lice oMLot 3,extended,for edhtattwof 220 feu to*point,therm rrt rename*sad ware dnra dloteuuee of 10Q97(borto apolntaa the Wodtltno of Lot S,extended Notch,therm beer South along the Wan lino o fLot!,extended North,three distance `! of 230 hat.mate or lase,to a point on the etsotellma,tbsec.mnosadat lho abotel[»tn s eauthatty and northeasterly direction fore distance of 220(Wt.more or lase,book to the point ot'beginning. 1 Togo titer with a patr:al of bay bottom land la the Hay of Florid*North druid edjoccot to Lot 6 of Thompson arid Adams Subdivision to recorded In Plat}look 2,Page 24 of the Pultlo Records of Meutoe County,Florida,mad subdivision also being to pact of Clevormetem Lot I.Sectlau 10, Township 66 South,Range 32 041 and being'ntorn per$culnrty do►crll ed by'muetes sort bounds as ibilows: Cara q ins at t(:e intatai anent oCtlic 4L(LW.L.of din t7u1fuf hfotilea out lha Wort boundary a( Lot 6 ot'raid Tkerupcou and Adarni Subdivision of Qnvutnmuut tUt I.3:utlon 16.Township 66 Smith,Mango)2 Ear as par plat thereeftu Plat Hook?,Pogo 24,of the Public ttniiattfs of Monroe as i1 County.Florida and t for the point of bogftuwrg of Wo vropatty to be described.Run drwnw North a1 into tho.wnteaoftha chat ofMaxieo for rcdnet/woof323 feat;nctacn at.aright attgta end east Cota distance of 100.97 feat to a point:drntro at a right.angle and South m Una M.N.W.r..at 4 paint where it hitcrocets thu Oilstone i owrdnry of sold tot 6:thonco meander said hM.ILW;f..bt n wastedy diructton to the point of beginning: j 1 • 3 1 ' BM Doca283793Pgi1 203E Lots l and2,In Block t of Vann VUtaga,&notdtag to the prat Montanan rdsd In Prat Book 2,Pap 106,a Re-Subdivision of Lot 7 and 8 of Moa neon sad Adwes Subdivtsiaa"as malted to Plac Book 2,at Page 24,of the Public Records of Motu County,Florida, Lots 9,18,11,12 and 19,Mock 1,Veen Village,aSubdlvtsion as raeosdadinP4tBeak2,Pews 106, . of the Yublio Rounds of Moarae Coonty.Ftotidr. Afro `• A pawl of boy hot0 an tend isSoeUon i 0,1awoahlp 66 South,Raogo 32&ate North atonal adjuvant to Boy Yoga doswibedaa:Commuocingat the Sootton amuse communtoSeotiem2,3,1O cod I1 of 'Township 46 South,Range 32 East.thetas South along the 6tcttoulinocaaMwntoSeettoas10lad 11,163 L62 Net to the Nottlratty fight of way(hta of Old SOW Highway 4A,so toddles luly2.1, .6el 3 1954;theme South?4'20'00"Weir,5.19.4lCaa along mid thhiharlyeiRhtofvrtydeo;tkancaNinth 1083.2 Fret,more or teas,to the P LH.W.L of Ito Culf of Mastro,the Point at'048i,cning;Ihauco aoottauing North dcwg maidLine,cxictulad into the weansettha Quit olMeidcu.100fact,moo or toast ammo at a sight sotto and West,t86.94 be thew ea o tight en8t4 and South.323®ek meta or toss,to the M,FLW.L,of the Gulf a{Moxico whore tt tntoraneta the West lino of the Gtenn H, twntssptopantetr,thssoo mandating slidPd.H.PJL.laanBosottyandtlauthetty41roollon73Stare; morn or teah to the Rates or8ogiwdng. } Doers 2109300 ®kM 2937 Pot 2055 Sponsored by:Lindsey CITY OF MARATHON,FLORIDA RESOLUTION 2016-125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARATHON, FLORIDA, APPROVING MINOR REVISIONS TO THE INTERLOCAL BETWEEN MONROE COUNTY AND THE CITY OF MARATHON,APPROVED ORIGINALLY PURSUANT TO RESOLUTION 2016-104, TRANSFERRING AFFORDABLE HOUSING RESIDENTIAL ALLOCATIONS FOR A PROJECT KNOW AS RIG CRYSTAL COVE APPROVED BY THE CITY UNDER RESOLUTIONS 2016-71 & 2016-72; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Marathon (the "City") wishes to enter into an Inter-Local Agreement with Monroe County(the"County")for the purposes of Transferring affordable housing unit allocations;and • WHEREAS,the Monroe County requested minor and non-substantive modifications to the ILA approved by the City pursuant to Resolution 20I6-104 and the City has made such minor modifications, • WHEREAS,the Inter-Local Agreement with the County is in the best interest of Monroe County and the City of Marathon for the purposes of providing opportunities for affordable housing, NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARATHON,FLORIDA,THAT: Section 1. The above recitals are true and correct and incorporated herein. Section 2. The Revised Inter-local Agreement(ILA) attached hereto as Exhibit"A", between Monroe County and the City of Marathon Transferring Affordable Housing Residential Allocations for a project known as HTG Crystal Cove. (Resolutions 2016-71&2016-72 provided as Exhibits"B"&"C")is hereby approved. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF MARATHON,FLORIDA,THIS 13th DAY OF DECEMBER,2016. THE CITY OF MARATHON,FLORIDA Dr.Daniel Z,ie , or • De®N 2109300 Oka 2937 Pitt 2060 AYES: NOES: ABSENT; ABSTAIN: } ATTEST: ?C k(t.0,CC UCC Diane Clavier,City Clerk (City Seal) APPROVED AS TO FORM AND LEGALITY FOR THE USE AND RELIANCE OF THE CITY OF MARATHON,FLORIDA ONLY: David igut,tit)/Attorney n S y n83793Pg 5kM 2 tr 2061 Sponsored by:Lindsey CITY OF MARATHON,FLORIDA RESOLUTION 2016-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARATHON, APPROVING A REQUEST BY HTG CRYSTAL COVE RESORT, LLLP FOR A CONDITIONAL USE PERMIT PURSUANT TO CHAPTER 102, ARTICLES 13 OF THE CITY OF MARATHON LAND DEVELOPMENT REGULATIONS (LORS) ENTITLED "CONDITIONAL USE PERMITS,"AUTHORIZING THE DEVELOPMENT OF A TWENTY- EIGHT (28) UNIT RV PARK, FORTY-SIX AFFORDABLE HOUSING UNITS, AND 7,700 SQUARE FEET OF COMMERCIAL RETAIL ON PROPERTIES LOCATED AT AND ADJACENT TO 4900 OVERSEAS HIGHWAY;REAL ESTATE NUMBERS 00327150-000000,00327910-000000, 00327920-000000, 00327990-000000, 00328000-000000, 00328010-000000, 00328020-000000,AND 00328030-000000. NEAREST MILE MARKER S0 WHEREAS,HTG Crystal Cove,LLLP,,(The"Applicant")filed an Application on June 30, 2016 for a Conditional Use Permit and Development Agreement pursuant to Chapter 102,Articles 13 of the City of Marathon Land Development Regulations(LDRs);and WHEREAS; the Applicant proposes to develop twenty-eight (28) RV, forty-six (46) workforce and affordable housing residential units,and 7,700 square feet of commercial space;and WHEREAS, City staff reviewed the Applicant's request for a Conditional Usc Permit determining that the Applicant's project proposal was in compliance with the City's Comprehensive Plan and Land Development Regulations(LDRs)and further that there was no substantial impact on the City's Level of Service(LOS);and WHEREAS,on the 15th day of August,2015,the City of Marathon Planning Commission (the "Commission") conducted a properly advertised public hearing (the "Public Hearings") regarding the request submitted by the Applicant,for a Conditional Use Permit pursuant to Chapter 102,Article 13 of the LDRs;and WHEREAS, and on the 23"day of August,2016 and the 13t'day of September,2016,the City Council(the"Council")conducted property advertised public hearings(the`Public Hearings") regarding the request submitted by the Applicant,for a Conditional Use Permit pursuant to Chapter 102, Article 13 of the LDRs;and WHEREAS; the City Council made a determination that the Applicant's request for a Conditional Use Permit, subject to the terms of the LDRs and with Conditions imposed, was in Compliance with the City's Comprehensive Plan and LDRs and further,that the approval is in the oystnl Cove CUDA 2015 1 1 • Dacia 2;09300 6ktit 2637 Pitts 2662 public interest.is consistent with its policy to encourage the redevelopment of properties++ithin the City of Marathon and++ill further Ile health. sa1^Ct) and welfhre of the residents of ,Marathon; tmd WHEREAS, the purpose of the Conditional Use Permit is to allow 1'or the integration of certain land uses and structures 'thin the City of Marathon, bused on conditions imposed by the Council. Review is based primarily on compatibility of the use with its proposed location and with surr•oundine land uses and on the basis or all-Lonnie.subdivision and other ordinances applicable to the proposed locution and zoning district. NOW,THEREFORE,BE IT RESOLVED BV THE CITY CO11NC1 L OF THE CITY OF MARATHON,FLORIDA,THAT•, • Section 1. hhe abo+e recitals are true and correct and incorporated herein, Section 2. 1'lte Cit Council hereb) approves Development Order 201 b-07,a copy of which is attached hereto as Exhibit`A graining ti Conditional Use Permit to I-1T(1 Crystal Cove Resort. I.I.LP.subject to the Conditions imposed, The Director of Planning isriLlthorized(n sign the detclopment order on behalf of the City, Section 3 This resolution shall rake effect i7nmediatels'upon Itti adoption by the C'it of Marathon and after rovicc+ and approval by the IDoptirunent of.Economic, Opportunit+ puistmuru to Chapters I63 and 380. /^7oricfcr S)hol roc PASSED AND APPROVED by the City Council at the city of�furalhcut,Florida..this 1 th day of September, 2016. THE CITY OE ARATIJON, FLORIOA Mark Senmartin, Mayor A1/17.S! Zie.,r.Bartus, Kelly. Coldiron.Senmartin NOES; None ABSENT: None ABSTAIN None ATT EST: Diane Ct.a+ier. Clerk (City Seal) -yr:r •=�o 'r 0.f:, 2 DoeR 2108300 I3ktt 2837 PO 2063 APPROVED AS TO FORM AND LGCAI.ITY FOR THE USE AND RELIANCE OF THE; CITY OF MARATHON, FLORIDA ONLY; Jf 11 • J ` � l �! I�.n'icl iMigut.YC'it/ \tkin i • 3 9ocx kH 283793Pax 2004 r. u CITY OF MARATHON,FLORIDA CONDITIONAL USE DEVELOPMENT ORDER#2016-07 A DEVELOPMENT ORDER APPROVING A REQUEST BY ENG CRYSTAL COVE RESORT,LLLP FOR A CONDITIONAL USE PERMIT PURSUANT TO CHAPTER 102,ARTICLES 13 OF THE CITY OF MARATHON LAND DEVELOPMENT REGULATIONS (LDRS) ENTITLED "CONDITIONAL USE PERMITS,"AUTHORIZING THE DEVELOPMENT OF A TWENTY- EIGHT (28) UNIT RV PARK, FORTY-SIX AFFORDABLE HOUSING UNITS, AND 7,700 SQUARE FEET OF COMMERCIAL RETAIL ON PROPERTIES LOCATED AT AND ADJACENT TO 4900 OVERSEAS HIGHWAY;REAL ESTATE NUMBERS 00327150-000000,00327910-000000, 00327920-000000, 00327990-000000, 00328000-000000, 00328010-000000, 00328020-000000,AND 00328030-000000. NEAREST MILE MARKER SO WHEREAS,HTG Crystal Cove,LLLP„(The"Applicant")filed an Application on June 30,2016 for a Conditional Use Permit and Development Agreement pursuant to Chapter 102, Articles 13 of the City of Marathon Land Development Regulations(LDRs);and WHEREAS; the Applicant proposes to develop twenty-eight (28) RV, forty-six (46) workforce and affordable housing residential units,and 7,700 square feet of commercial space;and WHEREAS, City staff reviewed the Applicant's request for a Conditional Use Permit determining that the Applicant's project proposal was in compliance with the City's Comprehensive Plan and Land Development Regulations(LDRs)and further that there was no substantial impact on the City's Level of Service(LOS);and WHEREAS,on the 15th day of August,2015,the City of Marathon Planning Commission (the "Commission") conducted a properly advertised public hearing (the "Public Hearings") regarding the request submitted by the Applicant,for a Conditional Use Permit pursuant to Chapter 102,Article 13 of the LDRs;and WHEREAS, and on the 23"d day of August,2016 and the 13th day of September,2016,the City Council(the"Council")conducted properly advertised public hearings(the"Public Hearings") regarding the request submitted by the Applicant,for a Conditional Use Permit pursuant to Chapter 102,Article 13 of the LDRs;and WHEREAS; the City Council made a determination that the Applicant's request for a Conditional Use Permit, subject to the terms of the LDRs and with Conditions imposed, was in Compliance with the City's Comprehensive Plan and LDRs and further,that the approval is in the public interest,is consistent with its policyto encourage the redevelopment of properties within the City of Marathon and will further the health,safety and welfare of the residents of Marathon;and Cr svar Cove CUDA 2016 4 Qoeit 2109300 UN 2837 PO 2065 1 WHEREAS, the purpose of the Conditional Use Permit is to allow for the integration of certain land uses and structures within the City of Marathon, based on conditions imposed by the Council. Review is based primarily on compatibility of the use with its proposed location and with surrounding land uses and on the basis of all zoning,subdivision and other ordinances applicable to the proposed location and zoning district, FINDINGS OF FACT: L. The applicant will a develop twenty-eight(28) unit RV park,forty-six(46) workforce and affordable housing units,and 7,700 square feet of Commercial Floor Area,and accessory structures as may be appropriate(See Attached Site Plan as Attachment 1), 2. In accordance.with Section 102.77 of the Code,the Commission and Council considered and determined the Applicant met the following criteria: a. The proposed use is consistent with the Comprehensive Plan and LDRs; b. The proposed use is compatible with the existing land use pattern and future uses designated by the Comprehensive Plan; e. The proposed use shall not adversely affect the health,safety,and welfare of the public; and d. The proposed conditional use minimizes environmental impacts,including but not limited to water, air, stormwater management, wildlife, vegetation, wetlands, and the natural functioning of the environment;and e. Satisfactory provisions and arrangements have been made concerning the following matters,where applicable; 1. Ingress and egress to the property and proposed structures thereon with particular reference to automotive,bicycle,and pedestrian safety and convenience,traffic flow and control and access in case of fire or catastrophe; 2, Off-street parking and loading areas where required,with particular attention to item 1 above; 3. The noise,glare or odor effects of the conditional use on surrounding properties; 4. Refuse and service areas, with particular reference to location, screening and Items 1 and 2 above; 5. Utilities,with reference to location and availability; 6. Screening and buffering with reference to type,dimensions and character; 7. Signs,if any,and proposed exterior lighting with reference to glare,traffic safety and compatibility with surrounding properties; Crystal Coyc CUOA 2016 5 Daett 2109300 Bkp 2837 PEA 2066 8, Required yards and other open space; 9, General compatibility with surrounding properties;and CONDITIONS IMPOSED; Granting approval of the Application is subject to the following conditions: Conditions of Approval I. A final lighting plan must be submitted prior to permit issuance. 2. A final landscape plan must be submitted prior to permit issuance. 3. Dumpsters are to be screened per code. 4. All conditions of the Fire Marshall must he met prior to permit issuance, 5. Where the project boundary buffer is reduced,thicker landscaping and screening is required. 6. Additional screening is to be created along the canal facing RV lots. The criteria established in Section 107.66 F shall be applied to this area with the additional height needed to screen headlights. 7. All signs will he reviewed and approved for compliance with the City of Marathon LDR's. 8. Each RV site shall comply with all hurricane evacuation requirements set forth for City transient uses. 9. Existing entitlements include thirty(30)transient residential units(TRUs),one(I)market rate residential unit,and 1,633 square feetofcommercial square footage. These entitlement shall be utilized to complete the project as approved. The approval of this Development Agreement does not convey or grant a vested right or entitlement to future allocations of affordable residential units by the City for the forty-six (46) affordable residential units referenced and approved in this Development Agreement. Such allocations shall be made at a future date consistent with the comprehensive plan amendments and LDR amendments, It is the intent of the applicant, with the support of the City,to seek the necessary affordable residential unit allocations through and Inter-local Agreement transferring the units from Monroe County to the City of Marathon. 10.Dwelling units shall contain less than or equal to 1,800 square feet of habitable space. Occupancy of affordable housing units is limited to those meeting the following income requirements: a. Very-low-income,A household,whose income(excluding that of full-time students wider 18 years of age) does not exceed 50 percent of the median adjusted gross annual income for households within the county; b. Low-income.A household,whose income(excluding that of full-tittle students under 18 years of age) does not exceed 80 percent of the median adjusted gross annual income for households within the county; c. Median-income,A household, whose income(excluding that of Pull-lime students under 18 years of age) does not exceed 100 percent of the median adjusted gross annual income for households within the county; crystal Cove CUM;2016 6 Doott 2109300 Bka 2837 Pgn 2067 d, Moderate-income.A household,whose income(excluding that of full-time students under 18 years of age)does not exceed 120 percent of the median adjusted gross annual income for households within the county; e. Middle-income. A household,whose income (excluding that of full-time students under 18 years of age) does not exceed 160 percent of the median adjusted gross annual income within the county; II.The monthly rent shall not exceed 30 percent of that amount which represents the income bracket of the household,i.e.,very low,low,median,moderate or middle,divided by 12.In no case shall the monthly rent exceed 160 percent of the median adjusted gross annual income for households within the county,divided by 12. 12.Annual income qualification,lease or employment verification,as applicable,by the City,or its designee, shall be limited to rental and employee housing dwelling units. Income verification for owner occupied dwellings shall be performed and approved by the City or its designee prior to the sales closing and occupancy of the dwelling unit. 13. For any community workforce units the following requirements shall be met: a. Affordable housing criteria set forth in above and Chapter l 10"Definitions"; b. Shall be permanently deed-restricted as affordable; c, Shall be restricted to occupancy to households that derive at least 70 percent of their household income from gainful employment in Monroe County; d. Shall be restricted to occupancy for 28 consecutive days or longer; e. Shall not be used for vacation rental use;and f. Shall not be sold separately as a condominium, 14.The total area of the mixed-use or commercial apartments,including patios and access way shall not exceed the area covered by the ground floor and any covered walks or arcades_ 15.Each unit shall have access to a balcony or patio that is separate from the access to the unit, provides adequate privacy and the size shall be two-tenths (2/10) of unit floor area or a minimum of 60 square feet in size. 16.The patio area may be wholly or partially replaced by the provision of a recreation yard provided on site.Recreational yards shall be a minimum one-tenth(1/I 0)of unit floor area. 17.The developer and the City shall enter into a Development Agreement which at a minimum promulgates a requirement that necessary workforce housing units,pursuant to Chapter 104 Article 1,Section 104.25 and the City's Zoning in Progress concerning affordable housing, be complete prior to the Certificate of Occupancy for all RV units. In the alternative,the will accept a bond for the value or the units or an irrevocable letter of credit which shall only be released upon completion of the required units. 18.For RV lots 1-10: The owner has agreed to locate an opaque fence no less than 42"high,and buffered on the canal side by landscaping suitable to the City of Marathon, The location of Crystal Cove CUOA 2(116 BkpN283793PgN 2068 the fence sections will extend for twelve feet(12')on the canal front sides of the lot to be located in front of the RV parking to shield headlights from shining across the canal. 19.An emergency gate entry/exit gate is allowed for emergency vehicle access at the northeast corner of the project site for entry/exit to and from 50th Street. This gate shall be continuous secured except to allow emergency vehicle access. The use of the gate for general or routine access of owners or patrons of the RV or affordable housing project elements is prohibited. Crystal Cave CUDA 2016 8 Deep 2109300 Bkp 2837 Pgp 2069 VIOLATION Or CONDITIONS: The applicant understands and acknowledges that it must comply with all of the terms and conditions herein,and all other applicable requirements of the City or other governmental agencies applicable.to the use or the Property. In accordance with the Code.the Couneil may revoke this approval upon a } determination that the Applicant or its successor or designee is in Wait-compliance with this Resolution ur(ode. Failure to adhere to the terms andconditions ul,y?pcc ova containedherein is a violation oldie Code and persons hound N iolutine the conditions shall be subject to the penalties prescribed therein. `CONCLUSIONS OF LAW: Based upon the ahot e Findings of Fact.the Council Llues hereby make the lollowiu t Conclusions of l.aw: I. Thu Application has been processed in accordance with the applicable provisions of the City Code.and will not be detrimental to the community as a whole: and 2. in renderiq its decision.as reflected in this Resolution,the Council has: (at Accorded procedural due process: {b) Observed the essential requirements ul•the tact: Iej Suppottcd its decision by substantial Competent evidence rl recl>rd:and 3. The Application for conditional use is hercb; GRANTED subject to the conditions specified herein. EFFECTIVE.DATE: This development order shall not take etl'eet.the thirty(3at days following the date it is(fled tcith the City Clerk. and during that time. the conditional use approval granted herein shall be subject to appeal as provided in the City Code. An appeal shall sta} the effectiveness of this development order until said appeal is resolved e A• c i (Jt)te t (icort:(;( ut reft\� l)trccticr of I'lannin4 This Development Order‘.,<ts riled in the Ul'tic.e oldie Cite Clerk oh this 1 .I of l_-v nlp Diane('lamer.City Clerk crpsi:d C:,.,r c::as I_'u„ 9 Doatt 2108300 Skit 2837 Pe 2070 Under the authority of Section IO2.79(cl oldie City ol•Marathon [.and Development Regulations, this development order shall become null and void with no Curti ter notice required ht'the C'it,,unless a business license has been issued For the use or a complete building permit application tier site preparation and ht.tilding construction with revised plans as required herein k submitted to the City ot'Marathon Building Official within one t I) ear from the date ul conditional use approval.or the date when the Department of Community Affairs waives its appeal and all required cet•tilicates of occupancy are procured vs ith three(3)fears of the date of this development order is approved by the City Council. In addition. please be advised that pursuant to Chapter 9,i-1. Florida Administrative Code, This instrument shall not take efleet for Fort •Five f451 days Iicllowine the rendition to the Florida Department ot'Cotnntunity A!lairs. During that forty-rive days.the Florida I)epartment cct'Ifconr.nrtie Opportunity may appeal this instrument to the Florida Land and Water Adjudiccttury Commission. and that such an appeal stays the effectiveness of this instrument until the appeal is resolved by agreement or order. CERTIFICATE OE SERVICE A true and correct copy tithe alloy e and I'oreeoine Resolution tugs furnished.via I,11,S.certified mail, return receipt requested_ tI:ILIr ssed tr? p 7 ,•.t- / !' /l d F this'�_,day of 1.}Z `_. ...._. arl t t.,, icy ii j ? l:`�'c�I :1 t' L.L.t :��i'� 1' '% ' I � Diane Clavier C'itt Clerk tr) • t..`airac.R Mil S,1 M o.oca...car1r � µ®`me to.Si➢uS Lv�IH'1A,tf,1 //,// •�{ .� 1\i 1 S A ` '� -u..se...m +a'..'..a�� .v/sc'.�+..w �.vc• ,�/ . i At,'-:. �� - \ f :..•.Y.'+i OOVt ▪ ..,.+r. xW'b �.slt -�.. • > ' •SK4A-PA O.,. a N_ •�. l� qN i.u.�f+wr�0•.w :.L1!� 5 \ -1\� f.•,itr•fi�.r+v.. �''..•G•��.�..�.,.�..�•Alb maw. ' .... •'{ v i.l .•............:..�a `e'. '-r NM.+o�r�-.. i • • ._.._ Nab ilm•IF0a1.00•0111•11.1.• `yhc aRr.� l *u rvsl as.i•K / 1 •...a••o..;nn.:asl.•,..at.,t• _.� ��+ J mot qi.l St1: �▪1Y.i•,atl.M.1.•.q T.� ' • / , {'~ ^R s..�1!ica.N.•.. MN....wM9tdO AY. !002 a lk'x Su .ti I 1 Ut..s.i� jye..S0Wott • t.. •: 1 o a...c.n•.•.n,.e-0. `an aw w rwr at on.® ah.Ln.7Y...}....11. `:V{+atr-�.r .,�..w�w.�.p.•.v�•�.•-:.:� ILO.Mc m` Cd!c. , FA.:tn ow.0 COYSTFlCRar Ml.n cwr.w.t v...c It,1)n_..,... •SEE EN-RANCE i DETAIL TH25 SHEET a OPOSO:cn.rxx c / rn i . 1 r _ 't S - tt.1 • - 'i reief = 1�1'v)i L 3 i f ;. • ♦oa+.3T• _ 'w , / , - —,. fi•�� _.� rsL /? .... _�v .f+i' U .}41:i 9ti 4 /S/ '�! ./J//7J •/f,/' 4--ii#- LLI'---111 71' P dam t r ,i+ �s+9 its i ! i _ � ? 1� �� ° s ..� 4 �f `'` Y �-i�—' 19 0- 1 s% • t's • mF I .�+, t 7.........6..., i. •� i^i•"t U'41 ct' r_-i• i tM ,/� 1.� �f.A,', ..i/ :• ,f s3 e'l.l�j��, NM it l_ ^r^ :3. ..-. .. _ *,,:_*i b.c., •• t_ _ l� _ _ •& _.o7.....Ct . raw i rl 1C `ems. • Z_;S• 1 4f1 lalal T..i6 i?aS. j / JJ/` /�, °:L _ SEE DUMPSTER — t` _ • . .c • ,c ^� DETAIL7HISS}iE£T :r; 11 7 Doctt 2109300 Bkp 2837 NIP 2072 • Sponsored by: Lindsey CITY OF MARATHON, FLORIDA RESOLUTION 2016-72 A .RESOLUTION OF THE CITY COUNCIL OF TIIE CITY OF MARATHON, APPROVING A REQUEST BY HTG CRYSTAL COVE RESORT, LLLP FOR A DEVELOPMENT AGREEMENT PURSUANT TO CHAPTER 102, ARTICLES 8 OF THE CITY OF N1IARATHON LAND DEVELOPMENT REGULATIONS(LDRS)ENTITLED"DEVELOPMENT AGREEMENT," AUTHORIZING TIIE DEVELOPMENT OF A TWENTY- EIGHT (28) UNIT RV PARK, FORTY-SIX AFFORDABLE HOUSING UNITS, AND 7,700 SQUARE FEET OF COMMERCIAL RETAIL ON PROPERTIES LOCATED Al! ANI) ADJACENT TO 4900 OVERSEAS HIGHWAY;REAL ESTATE NUMBERS 00327150-000000,00327910-000(I00, 00327920-000000, 00327990-000000, 00328000-000000, 00328010.000000, 01)328020-000000,AND 00328030-000000. NEAREST MILE MARKER 50 • WHEREAS,HTG Crystal Cove.1.1.1..P..(I he-Applicant')tiled an Application on June 30. 2016 Cur a Conditional Usr Permit and Development Agreement pursuant to Chapter 102.Articles 13 olthe City of Marathon Land Dek,elupment Regulations(LDRs1: and • WHEREAS; the Applicant proposes to develop twenty-eight (28) RV. forty-six (46) • workforce and affordable housing residential units.and 7,700 square feet of commercialspace:and WHEREAS, City staff reviewed the :lpplicant(s request lbr a Development Agreement determining that the Applicant's project proposal was in compliance with the City's Comprehensive Plan and Land Development Regulations(LORst and further that there was no substantial impact on the City's Level of Service(LOS):and WHEREAS,on the 1511'clay or August. 2015,the City of Marathon Planning Commission (the -'Commission") conducted a properly advertised public hearing (the "Public Hearings") regarding the request submitted by the Applicant,for a Development Agreement pursuant to Chapter 102.Article 8 of the LDRs;and WHEREAS, and on the 23"4 day of'August,2016 and the 13th day of'September.2016.the City Council(the"Council")conducted properly advertised public hearings(the"Public Hearings-) regarding the request submitted by the Applicant,for a Development Agreement pursuant to Chapter 101 Article 8 of the LDRs:and WHEREAS; the City Council made tt determination that the Applicant's request for a Development Agreement. subject to the terms of'the LDRs and with Conditions imposed_was in Compliance with the 's Comprehensive Plan and [.l)Rs arul lilrther. that the approval is in the public interest,is consistent with its policy to encourage the redevelopment ol.'prnperties within the City of\laruthon and will further the health.safety and welfare of the residents ot'Marathon:and 8k0�2837�3Po 2073 WHEREAS, the purpose of the Conditional Use Permit is to allow for the integration of certain land uses and structures within the City of Marathon.based on conditions imposed by the Council, Review is based primarily on compatibility(tithe use with its proposed location and with surrounding!nod uses and on the basis of all zoning.subdivision and other ordinances applicable to the proposed location and zoning district. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARATHON,FLORIDA,THAT: Section I. The above recitals arc true and correct and incorporated herein. Section 2, The City Council hereby approves the Development Agreement. attached hereto as"Exhibit A," Section 3. This resolution shall take effect immediately upon its adoption by the City of Marathon and after review and approval by the Department of Economic Opportunity pursuant to Chapters 163 and 380.Florian Sumacs. PASSED AND APPROVED by the City Council of the city of Marathon.Florida,this t 3th day of September,2016. THE CITY OF MARATHON, FLORIDA e • Mark Senmartin, Mayor AYES: "Lies. Bartus.Coldiron. Kelly.Scnmartin NOES: None ABSENT: None ABSTAIN: None ATTEST: Diane Clavier,City Clerk (City Seal) Bki l 2837g3Pglf 2074 APPROVED AS TO FORM AND LEGALITY FOR THE USE; AND RELIANCE OF THE CITY OF MARATHON.FLORIDA ONLY: r / .t David: tiaut.C` cy Attorne, Doca 2109300 Bk 2837 PO 2075 EXHIBIT A DEVELOPMENT AGREEMENT • • • • 1 Doeq 2109300 9ktt 2837 Pett 2076 k 3k128221600183 826®tPOI 1451 RE kilos. 00327150-000000, 00327910-000000, 00327920-000000, 00327990-000000, 00328000-000000,00328010.000000,00328020-000000,AND 00328030-000000 (Space Reserved for Recording) Development Agreement for HTG Crystal Cove Report,LLLP Marathon,Florida i . This Development Agreement("Agreement")is entered into by and between the City of Marathon,a Florida Municipal Corporation(herein referred to as"City"),and MG Crystal Cove Resort, LLLP, a Florida limited liability limited partnership, whose address is 3225 Aviation Avenue,Suite 602, Coconut Grove,Florida 33133(herein referred to as"Owner"),pursuant to Chapter 102, Rrttele 8 of the Land Development Regulations of the City of Marathon,and the Florida Local Government Development Agreement Act, Sections 163.3220-163.3243, Florida Statutes,and is binding on the effective date as set forth herein. WrINESSE'I'H: WHEREAS, ( oner owns real property located in Marathon, Florida, described in Exhibit "A"hereto, which is the location of IITCt Crystal Cove Resort LLLP and its proposed redevelopment; and WHEREAS, said HTG Crystal Cove Resort LLLP hold ontitlements to thirty-four(34) transient residential units, one (1) market rate residential units, and 1,633 square feet pf commercial space; and WHEREAS,the real property described in Exhibit"1"is designated on the City's Future Land Use Map(FLUM) as Mixed Use Commercial (MU-C),and is zoned as Mixed Use(MU). which land use designation and zoning allow the property to be used for transient rentals; and WHEREAS, Owner desires to develop twenty-eight (28) RV sites and amenities in an RV Park, forty-six(46)workt'orce and affordable housing residential units.and 7.700 square feet of commercial development;and WHEREAS, the City's atTordable housing requirement for transient uses,as set out in Section 104.25 of the City of Marathon Land Development Regulations requires that new transient development provide affordable housing in an amount equal to 204%% of the square footage of new transient development; and WHEREAS, the Marathon Planning Commission held a public hearing on the 15'6 day of August,2016.to consider this agreement.and recommended approval cif this agreement;and Doc 2109300 Bkp 2837 Po 2077 4 ooct3 2100183 8kM 2826 PO 1952 WHEREAS, the City Council of Marathon held public hearings on the 23'd day of August and 13th day of September,2016,to consider this Agreement;and WHEREAS, the City has determined that this Agreement is in the public interest, is consistent with its policy to encourage the redevelopment of hotels and motels in Marathon.and will further the health,safety and welfare of the residents of Marathon. NOW, THEREFORE, in consideration of the mutual promises and undertakings contained herein, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as Follows: I. RECITALS. { The foregoing recitals are a part of this Agreement on which the parties have relied and are incutpureted into this Agreement by reference. If. PURPOSES OF AGREEMENT. The purposes of this Agreement are as Follows: To re-develop the HTG Crystal Cove Resort 1.1,LP site to include the development of twenty- eight(28)RV sites,forty-six(46)workforce and affordable housing residential units, and up to 7.700 square feet of commercial area,said Property noted in Exhibit A,consistent with the City of Marathon's Comprehensive Plan and Objective 1-3.4 of the City of Marathon's Comprehensive Plan; 1 III. Definitions. For the purposes of this Agreement, all terms shall have the definitions as found in the City of Marathon's Land Development Regulations, Comprehensive Plan and in Chapter 163, Florida Statutes, or in other applicable Florida Statutes, and if not defined in the Code, Plan,or Statute, the term shall be understood by its usual and customary meaning. IV. Statutory and Code Requirements. The Parties recognize the binding effect of the Florida Local Government Development Agreement Act, Sections 163.3221.et seq.,Florida Statutes, as to the form and content of this Agreement and in accordance therewith set forth and agree to the following: A.Legal Descdjption and Ownership. 11TG Crystal Cove Resort LLLP is the Owner of the Property identified by Real Estate,Numbers 00127130-000000,003279L0-000000,00327920-000000,00327990-000000,00328000-000000, 00328010-000000, 00328020-000000, and 00128010-000000 which are the Properties the 60362ec40 2 Door 21093gp1 likq 2837 Pge1 2078 Nell 2100183 MN 282E Pga 1933 subject of this Agreement, as described in Exhibit 2, Improvement Location and Boundary Survey. At time of development, there will be no other legal or equitable owners of the subject property known to the parties to this Agreement. B. Duration of Agreement. The Owner shall have a period of one (1) year from the Effective Date of this Agreement to obtain the first building permit for the RV Park site and three(3) years from the Effective Date of this Agreement to obtain the first permit for the workforce and affordable housing component of the project. All Certificates of Occupancy and/or Final Inspections for structures on the Property as shown on the Site Plan shall be obtained with seven(7)years. This Agreement may be renewed or extended as provided herein. If the Owner has not complied with the terms of this section,this Agreement may be subject to termination as provided herein. C.Permitted Uses, 1. The Development permitted on the Property shall consist of those uses set forth herein,as identified on the conceptual site plan attached hereto as Exhibit 3, and incorporated herein by reference.The permitted uses are as follows: i. Twenty-eight(28)RV Park RV sites ii. Forty-six(46)workforce and affordable housing residential units;and iii. 7,700 square feet of commercial development. iv. Requirement to provide worktbree housing pursuant to Section 104.25 A. of the LDRs. 2. Existing entitlements Include thirty-four(34) transient residential units (TRUs), one (I) market rate residential unit, and 1.633 square feet of commercial square footage_ These entitlement shall be utilized to complete the project as approved. The approval of this Development Agreement does not convey or grant a vested right or entitlement to future allocations of affordable residential units by the City for the forty-six(46)affordable residential units referenced and approved in this Development Agreement. Such allocations shall be made at a future date consistent with the comprehensive plan amendments and Ll)R amendments, It is the intent of the applicant, with the support of the City, to seek the necessary affordable residential unit allocations through and Inter-local Agreement transferring the units from Monroe County to the City of Marathon. 3_ Far the duration of this Agreement, the Parties agree that any and all of the approved development shall adhere to, conform to, and be controlled by this Agreement, the Exhibits attached hereto and incorporated by reference, the LDRs and the Comprehensive Plan governing the development of the subject ptoperty on the Effective Date of this Agreement. In the event that all or a portion of the existing or authorized development subject to this Agreement should TAL 451,479,3324 7_30-08 8C382e04C 2 Dona 2109300 UP 2837 Pia 2079 -,/t Doea 2100183 810 2829 P911 1954 be destroyed by stone.tire or other disaster,the Owner,it's grantees.successors,or assigns shall have the absolute right to rebuild or repair the affected structures) and reinitiate the prior approved use so tong as such development is in compliance with this Agreement. 4. Through this Development Agreement and the approval of Resolution 2016-71 which provides a Conditional Use Permit for the project, the Developer agrees to all Conditions approved in the Conditional Use Permit. 5. Pursuant to this Development Agreement the Owner agrees that that required workforce housing unity, pursuant to Chapter 104 Article 1, Section 104.25 and the City's Zoning in Progress concerning affordable housing,shall be complete prior to the Certificate of Occupancy for all RV units. In the alternative,the City wilt accept a bond for the value or the units or an irrevocable letter of credit which shall only be released upon completion of the required units. 6. The following documents are attached hereto and incorporated by reference.showing the Property Boundary and Existing and Proposed Uses: Exhibit 1: Warranty Deed Exhibit 2: Site Survey Exhibit 3: Conceptual Site Plan as approved herein and pursuant to the City's approval of a Conditional Use Permit 7. Maximum Building Eteight shall be thirty-seven (37) fee; as provided in Future Land Use Element Policy 1-3.2.5 in the City's Comprehensive Plan and as defined by the LL)Rs. 8. The Owner shall execute and record in the public records of Monroe County a Declaration of Covenants and Restrictions in a term acceptable to the City ensuring that all Transient Units on the property comply with Hurricane Evacuation Requirements set forth in Policy 1-2.2.1 of the Future Land Use Element of City's Comprehensive Plan,in effect or as amended. 1).pttt�iie Pgcil(Ora 1.The Florida Keys Aqueduct Authority provides domestic potable water. 2. Electric Service is provided by the Florida Keys Electric Co-op. 3,Solid Waste Service is provided by Marathon Garbage Service. 4. Owner shall provide wastewater and sewage collection and disposal by expanding its current connection to the City. 5. Educational Facilities. The redevelopment of transient use as contemplated by this Agreement 60626040 2 k_Doela 2109300 DWI 2837 PO 2080 Doak 21001.83 will not impact education facilities Bktt 2828 Pap t955 b. Recreational Facilities. The Property includes onsite recreational facilities for visitors and guests of the property. Therefore, redevelopment of the property will have no impact on public recreation facilities. 7. Stormwater. A Stottnwaler Management System which meets all applicable local, state and federal requirements shall be constntcted onsite as part of the Site Redevelopment.This system will retain.detain,and treat Stormwater on the Property and therefore will provide a substantial benefit to water quality in the area.There shall be no direct discharge to the City of Marathon Nearshore Waters. K.Any increased impacts on Public Facilities or Public Services attributable to each unit of the development, and the cost of capital improvement to meet the associated increased demand on such facilities or services,shall be assured by payment to the City,concurrent with the issuance of the building permits for each unit, of any City of Marathon Impact Fees required by the ordinance then in effect, as well as by payment by owner of any applicable utility system Development Fees. In addition, Owner agrees to be subject to any reasonable impact fee ordinance adopted by the City within twenty-four (24) months after the Effective Date of the Agreement, providing such ordinance applies equally and uniformly to all redevelopment in Marathon. 9. Fire Protection.The Owner shall provide fire hydrants and other such tire protection facilities as required by the Life Safety Code administered by the City Fire Department. Fire sprinklers will be installed as required by City Code. E. Local Development Permits. The following is a list of all Development Permits approved or needed to be approved for the redevelopment of the Property as specified and requested in this Agreement: 1. This Development Agreement. 2_ Conditional Use Approval. 3. The Final Site Plan, Landscape Plan, Drainage Plan,Building Elevations and Floor Plan approvals. 4. Building and related construction permits for all structures utilized for principal use or accessory use, land clearing,and landscaping. At any time any building permit is applied ior,Owner shall demonstrate compliance with all applicable Federal,State and Municipal Disabled-access Regulations in effect at the time of application. 14L 451,479,33Zv2 1•30-08 aososado 2 oeaa 2109300 Bkt12837 Pell 2081 Doc* 8681 dkf 22Psis 1856 5. Federal,State, Regional,and Local Permits for Stormwater runoff. Nothing in this Agreement shall preclude the parties from applying additional conditions, by mutual agreement,during Final Site Plan review or permitting. F. Eiridiitn of Cogsisteney. By Entering into this Agreement, the City finds that the redevelopment permitted or proposed herein is consistent with and furthers the Comprehensive Plan (as defined herein), applicable LURs and the Principles for Guiding Development set forth at Section 380.0352(7), Florida Statutes. G. Existgty,BPAS Qe.empt LIpj aysd Sttutr: Footaaze The Parties acknowledge that there exist on the Property: pevelanment Type Existing Transient Units: 30 units Single Family Dwellings: 1 Market Rate Residential Units Corrunercial Flour Area, 1,633 Sq.Ft. H. Reser%anons or Dedications of hand for Public Purnoscs. The parties anticipate that Owner may reserve or dedicate land for public purposes in connection with the Redevelopment, but is currently unaware of the specifics of such reservation(s) or dedication(s), Reservations and dedications for public purposes in connection with this Agreement may be requested by the City's Comprehensive Plan and City Code. Such reservations or rededications may include, by way of example, easements necessary for the provision of stormwater,utility,and wastewater services to the Property. I. Mutual_Ceeperption. City and Owner agree to cooperate fully and assist each other in the performance of the provisions of this Agreement. .1. Development re Co ptv with Permits and City conmrehensive Plan and( de Provisions. The redevelopment shall be developed in accordance with all required permits and in accordance with all applicable provisions of the City's Comprehensive Plan and Land Development Regulations in effect on the effective date of this Agreement. No Certificate of Occupancy for art individual building shall be issued until all plans for that building are approved by the City and Owner has complied with all conditions in permits issued by the City and the other r•egrdarory entities for that building.The City agrees that any permits or certificates of occupancy to be issued by the City shall not be unreasonably withheld or delayed. rAi.451.479.332v2 7-70-08 64362GJ40 2 • RI 2837g3Pgtt 2082 BDyed 1 kit 2828 P6 3tt 1987 K. C4tnpli,rnee WitLL'e rrttit Terms C'onditions,and Residstinns Ncjt identified Herein. The failure of this Agreement to address a particular permit, condition,term, or restriction shall not relieve Owner of the necessity of complying with the law governing said permitting requirements,conditions,terms,or restrictions. L. Laws Qsztiming. I. For the duration of this Agreement,all approved development of the Property shall comply with and be controlled by this Agreement and provisions of the City's Comprehensive Plan and City Code in effect on the date of execution of this Agreement, inclusive of text changes and rezoning approved by the City Council on the date of the City's approval of this Agreement, if any. The parties do nut anticipate that the City will apply subsequently adopted laws and policies to the Property,except as expressly provided in this Agreement. 2. Pursuant to Sectiun 163.3233, Florida Statutes, the City may apply subsequently adopted laws and policies to the Property only if the City holds a public hearing and determines that i. The new laws and policies are not in conflict with the laws and policies governing the Agreement and do not prevent development ate land uses, intensities, or densities set forth in this Agreement; ii. The new laws and policies are essential to the public health, safety,or welfare,and the City expressly states that they shall apply to the development that is subject to this Agreement; iii. The City demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement;or iv. The Agreement is based on substantially inaccurate information supplied by Owner. Provided. however,nothing in this Agreement shall prohibit the parties from mutually agreeing to apply subsequently adopted laws to the Property, 3. If state or federal laws enacted after the Effective Date of this Agreement preclude any party's compliance with the terms of this Agreement, it shall be modified as necessary to comply with the relevant state or Federal laws. However,this Agreement shall nut he construed to waive or abrogate any rights that may vest pursuant to common law, Nl, amendment,Renewal lard Terminatjup, This Agreement may be amended renewed,or terminated as follows: 1. As provided in Section 163.3237, Florida Statutes, this Agreement may be amended by mutual consent of the parties to this Agreement or by their successors in interest. Amendment rAL 451,Q79.332w2 T-30-OA te36Z6Q4Q.2 • { coca 2100300 Bklt 2837 Pgtt 2083 Doc* Pes 1955a under this provision shall be accomplished by art instrument in writing signed by the parties or their successors. 2. As provided in Section 163.3237, Florida Statutes,this Agreement may be renewed by the mutual consent of the parties, subject to the public hearing requirement in Section 163,3225, Florida Statutes, and applicable LDFts. The City shall conduct at least two(2)public hearings, one of which may be held by the local planning agency at the option of the City. Notice of intent to consider renewal of the Agreement shalt be advertised approximately fifteen(l5)days before each public hearing in a newspaper of general circulation and readership in 1vlarathon,and shall he mailed to all affected property owners before the first public hearing. The day, time, and place at which the second public hearing will be held shall be announced at the first public hearing. The notice shall specify the location of die land subject to the Agreement, the development uses on the Property, the population densities, and the building intensities and height and shall specify a place where a copy of the Agreement can be obtained. 3. This Agreement may he terminated by Owner or its successorts) in interest following a breach of this Agreement by the City upon written notice to the City as provided in this Agreement. 4, Pursuant to Section 163.3235, Florida Statutes, this Agreement may be revoked or modified by the City if, on the basis of substantial competent evidence, the City Ends there has been a failure by Owner to comply with the terms of this Agreement. 5. This Agrcanent may be.terminated by mutual consent of the parties. hi. Breach of Agreement and Cure Provisions. I. if the City concludes that there has been a material breach in this Agreement by Owner,prior to revoking this Agreement,the City shall serve written notice on Owner identifying the term or condition the City contends has been materially breached and providing Owner with ninety(90) days from the date of receipt of the notice to cure the breach or negotiate an amendment to this Agreement. Each of the following events shall be considered a material breach or this Agreement: (i)Failure to comply with the provisions of this Agreement; (ii) Failure to comply with terms and conditions of permits issued by the City or other regulatory entity for the development authorized by this Agreement. 2. if Owner concludes that there has been a material breach in the terms of this Agreement by the City, Owner shall serve written notices on the City identifying the term or condition Owner contends has been materially breached and providing the City with ninety (90) days from the date of receipt of the notice to cure the breach, or negotiate an amendment to this Agreement. The following events shall be considered a material breach of this Agreement: (i) Failure to comply with the provisions of this Agreement; rA t.451.J 79,332v2 7.30.06 6 C362.6040.2 4 , (loop 2109300 pktt 2837 Putt 2084 Coe. 2100153 ERN 2820 Pqa L259 (ii)Failure to timely process any application for Site Plan approval or other development authorized by this Agreement, 3. If tither party waives a material breach in this Agreement,such a waiver shall not be deemed a waiver of any subsequent breach. 4. Notwithstanding any other provisions of this Development Agreement to the contrary, neither party hereto shall be deemed to be in default under this Development Agreement where delay in the construction or performance of the obligations imposed by this Development Agreement are caused by war, revolution, labor strikes, lockouts, riots, floods, earthquakes, tires, casualties, acts of God, governmental restrictions, embargoes, litigation (excluding litigation between the City and the Owner), tornadoes. hurricanes, tropical storms or other severe weather events, or any other causes beyond the control of such party. The time of performance hereunder,as well as the tenn of this Development Agreement,shall be extended for the period of any forced delays or delays caused or resulting from any of the foregoing causes. The Owner must submit evidence to the City's reasonable satisfaction of any such delay. O. Notices. Alt notices, demands, requests, or replies provided For or permitted by this Agreement, including notification of a change of address, shall be in writing to the addressees identified below,and may be delivered by anyone of the following methods:(a) by personal delivery;(b) by deposit with the.United States Postal Services as certified or registered mail,return receipt requested,postage prepaid:or(c)by deposit with an overnight express delivery service with a signed receipt required. Notice shall be effective upon receipt. The addresses and telephone numbers of the parties are as follows: TO OWNER: HTG Crystal Cove Resort I.LLP 3225 Aviation Avenue,Suite 602 Coconut Grove,Florida 33133 With a copy by regular U.S.Mail to: Thomas Q Wright Florida Board Certified Real Estate Attorney 97 t I Overseas Highway Marathon.Florida 33050 TO THE CITY: City,tanager City of Marathon 9805 Overseas Highway Marathon,Florida 33050 (305) 743-0033 TAL 431,479,332v2 T.30-O8 603626040.2 eAct:toolti 83793pgn 2085 aces( 2100183 aku 2829 Plot 1960 With a copy by regular U.S.Mail to; City Attorney City of Marathon 9805 Overseas Highway Marathon,Florida 33050 (305)743-0033 P. ,Annual Reno On each anniversary date of the Effective Date of this Agreement,Owner shall provide the City with a report identifying(a)the amount of development authorized by this Agreement that has been completed,(b) the amount of development authorized by this Agreement that remains to be completed, and (c) any changes to the plan of development that have occurred during the one (1) year period from the Effective Date of this Agreement or from the date of the last Annual Report. Q. Rnfciruemom. in accordance with Section 163.3243, Florida Statutes, any party to this Agreement. any aggrieved or adversely affected person as defined in Section 163.3215(2).Florida Statutes, or the State Land Planning Agency may tile an action for injunctive relief in the Circuit Court of Monroe County,Florida,to enforce the terms of this Agreement or to challenge the compliance of this Agreement with the provisions of Section 163.3220-163.3243,Florida Statutes. R. [Ending Effect. This Agreement shall be binding upon the parties hereto, their successors in interest, heirs, assigns,and personal representatives. S. Assigtumemt. This Agreement may not be assigned without the written consent of the parties,which consent shall not be unreasonably withheld. T. _EkaL.ing_of Anreemc,oi. The parties acknowledge that they jointly participated in the drafting of this Agreement and that no term or provision of this Agreement shall be construed in favor of or against either party based solely on the drafting of the Agreement. U. Swc;rabiIity In the event any.provision, paragraph or se0ticn of this Agreement is deteuriined to be invalid or unenforceable by a court of competent jurisdiction, such determination shall not affect the r At a41,478,332v2 r 30-08 60328040.2 • Dreg O Bkil 2837 837 Pgp 2086 Dael1 2100183 Bka 2826 Pg5 1961 enforceability or validity of the remaining provisions of this Agreement. V, Apnlicablc This Agreement was drafted anti delivered in the State of Florida and shall be construed and enforced in accordance with the laws of'the State of Florida. W. Litigatiort/Attontevs Fees: Venue: Waiver of ltigh4 to Jury Trial. As between the City and Owner,is the event of arty litigation arising out of this Agreement,the prevailing party shall be entitled to recover all reasonable costs incurred with respect to such litigation, including reasonable attorney's fees. This includes, but is not limited to, reimbursement for reasonable attorney's fees and costs incurred with respect to any appellate, bankruptcy,post-judgment,or trial proceedings related to this Agreement. Venue for any legal proceeding arising out of this Agreement shall be in Monroe County,Florida. • THE PARTIES TO THIS AGREEMEN 1'WAIVE THE RIGHT TO A JURY TRIAL IN ANY LITICiATJON ARISING OUT OF THIS AGREEMENT. X. Use of Singular and Plural_ Where the context requires,the singular includes the plural,and plural includes the singular. Y. pypliieatc Originals;.Counterpnrrs. This Agreement may be executed in any number of originals and in counterparts,all of which evidence one agreement. Only one original is required to be produced for any purpose. Z. Headings. The headings contained in this Agreement are for identification purposes only and shalt not be construed to amend,modify,or alter the terms of this Agreement. AA. Ent irety Qf Agreement, reement, This Agreement incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, or understandings regarding the matters contained herein. The parties agree that there are no commitments, agreements, or understandings concerning the subjects covered by this Agreement that are not contained in or incorporated into this document and, accordingly, no deviation from the terms hereof shall be predicated upon any prior representations or agreements.whether written or oral_ This Agreement contains the entire and exclusive understanding and agreement among the parties and may not be modified in any manner except by an instrument in writing signed by the parties. - TAL 451,478.332v2 7-30.08 60362604E 2 Doc 2109300 ekII 2837 Pop 2087 Doc 2100183 Oka 2826 Pg$ 1962 ' BB. Recording: .active TAW. The Owner shall record this Agreement in the public records of Monroe County, Florida within fourteen (14)days after the date the last party signs this Agreement. A copy of the ' recorded Agreement showing the date,page and book where recorded ghat' be submitted to the State Land Planning Agency at the Department of Community Affairs,Division of Community Planning, 2555 Shumard Oak Boulevard. Tallahassee FL 32399-2100 by hand delivery or registered or certified United States mail, or by a delivery service that provides a started receipt showing the date of delivery, within fourteen(14) days after the Agreement is recorded and received by the Owner or his agents. Owner shall also provide a copy of the recorded Agreement to the City at 9805 Overseas Highway, Marathon,Florida 33050, within the same time period. This Agreement shall become effective thirty (30) days after the date the State Land Planning Agency receives i:s copy pursuant to Section t63.3239,Florida Statutes CC,____Pale.gifAisreement. The Oate of this Agreement is the date diciest party signs and acknowledges this Agreement. IN WITNESS WHEREOF,the parties hereto have set their hands and seals on the day and year below written. Signed,sealed,and delivered in the presence of. WITNESSES: OWNER HTO Crystal Cove Resort LL,LP, /* A Florida Limited Liability Limited Partnership gat c /�}} a 1-i-/ ,,p By: INTG Crystal Cove Resort GP,LLC, __',c- _dS"e,.i.( /�'attE'b A Floridn Limited Liability Company Name of witness(printed oe typed) Its Solo Gencrnl Partner.,• t --....p .P.: . . .......... Vim.- = , �•�I „/ Signature Name:Randy Rieger 1 Name of witness(printed or typed) Title:Authorized Person STATE OF FLORIDA COUNTY OF MONROE The following instrument was acknowledged bethre me on this 04 dty or{kbvrot' ,10 Ll, by R.vuty Kieyer, as Authorized Persian of IEVG Crystal Cove Rot GP. Ll-C:.who isEltsorraily known a or echo Prodiced ---- _R _ .v ulcntifienhon. and who did/did not take an oath. . \., ,.:A. NomA Pit 14 State of Flw?do At Large My eomintssioa expires rat 48+479.3324 r-90.03 n03e2604O 2 �r seam Pubic.II. d ADO* 8" Gnats Pardo WI coeinss.n Fr rum t;,r,..asmno.e } Docll 2109300 Oki 2837 Pea 2e8a Doc4a Z1 01d3 8kti 282S POI 2963 On the 13'h day of September, 2016,The City Council of the City of Marathon approved this Agreement by Resolution No.2016-72 ATTEST: CITY Y OF MARATHON { City Clerk Mark Sennuitin,Mayor APPROVED AS TO FROM AND LEGALITY FOR THE USE AND RELIANCE OF THE CITY OF MAR FHONV,FLORIDA ONLY. David igut,C ty Au ley • TAL 48f 479,3324 T4G-08 693526040 2 EMI 2037 1'gtt 2069 Doea 2199183 aka 2926 PO 1964 } E.YHIB(T I rAL 45/,479,332v2 7- -Oa 603E12604a 2 { • Doers 2109300 9kf12837 Pstl 2090 OoeM 2160183 BIN 2826 pep 1965 • EXWU1'C`A' t g0.141183.CR P11Q/1 Lots 1 anu 6of Thcacytnt xrd Adum SV bdhirion otGorcr;ntoda Lot t,Socaoo 10,Townthtp 66 Sou$t,Rouges 11 Rut mach ptA,s tawrtkd to PIC Doak 2.4 Pogo?A of dw Ptbik Rcorb of guano County,Fictittt. Thttpo,Uun tif►46-Foot tlgttt••at•-,oy of gld Sato tfietwsy 14 tying urxedla oty South of Lot otihanitt ntogAobrntSobdivt►inacconlinttothoptatdscrcofnaordedfnPta.thook2,Yoga24, orals public Raarda of Mmuoa County,FIatda, Toitcthher Met a ptocct oYttay bottom Ianj in ttw Uay of Ottot{4.,stash ofrmf oaf aaoatt to Lot S of 17tompoon•1/41tut•Sob1of,$n.u retotidsd!a Pltt Cock?.yap 24 of trio Yuba;Rcatnts or Mauue County.Floods.S44 Sttdiv tics t 1io tto!Ii414 4:oft of Goimt*sant Lot 1.Settkon It Township 66 South,Yt mto 32 ant,and being mai pacttoaraty act:eared by males Ltd bomMI u COtlawa: t:onmaetrg,a If*rnruuulonoftMtanibtaof9t.kn10.TO% fI4pd6SuutP,:Logo12tuit, and Ike nuttawmotuty tibci•ofwey lic t o(Cld Stata Hittfnrty N14.4A.aoartauhwwurfy along the nosthtvcduty tlikt•oforay lino ofOl4 Sam IRghway No.4,4 to a d1oca1ee af711.42 feat to ao Sautheaee owns,*of toil Lot 11 throw bItr Noah along the Halt sloes of Lot S for*dlt•.atta of 169.7?fon to rho,otnf of bo4lnning oftha yenrol of boy xouom fund Parvh:siter do/;'04A ban Wilpointofbosianlnr.,o otinaobaringaurasatcngtheEortlineof7ArS mtcn&d,CKA4hWtt0 of 220(eat to a pole,tbonta A tight men end 1W4(Or a 411.1nda of t X1.o:tst bit/point on do Watt Il oUfl,ut1,o;tenttc4 Notib.*sot*:bcof 5ootttalongVa Watt Roo ofLot 1.cxtorded North, Coto 4lttuita o(270 face,ruts at:Peso,sot a point nn silo dotal;o d taco 232an42'dto t.+h4o143A'Al 'motherly end twtthoutttly JIrcotlon foe•**Wm of MO its,room oe lost,back to,Ito pafit of Togethar.a;,r.aOctatorbayhoromrantf•mthc04yofFtatMa•Nurtiraern,toditeanttoLot6of • Tfnatptott trtd,t.?uot 9ctdtwtton of tfoordo4.of Pitt Roost 2.Pt go 24 of rho PhbUo Rocotaa of Montoc sanity,Florida,slid aubdivtsfor itsa bcrrS in A pert of Goretturtatt Lot I.Sadao 10, .RA.4111119 36 3014 Rori o 32 Ilan wad b*12112012 igtt*ututy diocctbcd by motoo uni Won&to t:onalerAbgatth*i,tm d(unaftho IHW ottho Gait atMaxteo and tbo'Nut blonde,of Lit 6 otrotd Tltttinpton utd Autroa SubJteblon otftvvamtnottt toot I.Sualan 10.1'L+onahip 46 Snob,natty 36 Eaot as par slot tharoof fA Plea Book 2.Pao 24,of6tc Pertain 1t oordo of Mtntoo Cionty,tnaOM,as a*if fir the point otbtgfr clog oCon yopyCfy ttoto dotutbcd.,ttast Ibasito Ctan11 Jt*fie.wtuant rho elw fSfa Ilan floc*dh'4ocoof32.1 fog:them aAndRhtangtoand at*Pi(a d 1421220 of 10D.97 foot to a polo;thsttca 4A tight artgto an South to to KIWI.ata poiatrthrto It Iatatteb rho Patton baandaty if taww Lot 4:thtrwo*winder tad:VW W:..In•**shall/ ditacttan N the point orbeginntng• TAI 43t,419,332v2 7-34-08 603628040.2 MONROE COUNTY OFFICIAL RECORDS MON OFFICIAL.DRECORDS-- • Sponsored by: Lindsey CITY OF MARATHON, FLORIDA RESOLUTION 2017-106 A RESOLUTION OF THE CITY OF MARATHON, FLORIDA, REQUESTING AN EXTENSION OF THE TERM SPECIFIED IN SECTION 3, "TERM" OF THE INTERLOCAL AGREEMENT BETWEEN THE MONROE COUNTY AND THE CITY OF MARATHON TRANSFERRING AFFORDABLE HOUSING RESIDENTIAL DWELLING UNIT ALLOCATIONS FOR AN APPROVED PROJECT IN THE OWNERSHIP OF HTG CRYSTAL COVE LLC, TO BE LOCATED 4900 OVERSEAS HIGHWAY, MARATHON, FLORIDA ON PROPERTIES INCLUDING REAL ESTATE NUMBERS 00327150-000000, 00327910-000000, 00327920- 000000, 00327990-000000, 00328000-000000, 00328010-000000, 00328020- 000000, AND 00328030-000000. NEAREST MILE MARKER 50; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, On or about December Of 2016, the City of Marathon and Monroe County entered into an Interlocal Agreement (ILA) transferring forty-six (46) affordable housing residential dwelling units to the City to be utilized in a project in the ownership of HTG Crystal Cove, LLC;and WHEREAS,the ILA provided a"reverter clause"and a term which specified that: "Section 3. TERM: Subject to and upon the terms and conditions set forth herein, this .Interlocal Agreement shall continue in force until one of the following occur: The project is not granted funding by FHFC LIHTC/WORKFORCE program in the FY16-17 or FY 17-18 competitive cycle; or The project does not complete construction and does not obtain Certificates of Occupancy for all 46 affordable housing units contemplated herein by December 31, 2019. All affordable housing units for which Certificates of Occupancy are issued prior to December 31, 2019 shall remain subject to this Interlocal Agreement irrespective of whether all 46 affordable housing units contemplated herein receive Certificates of Occupancy." WHEREAS,subject project did not request FHFC LIHTC/WORKFORCE housing funding in the 2016-2017 competitive cycle, but did in the following cycle and did not qualify;and WHEREAS, the City and the project owner remain resolute in the approved project as an FHFC LIHTC/WORKFORCE and wish to assure that it may continue to apply in future grant cycles; and WHEREAS, further, with the impacts of Hurricane Irma in Marathon and on the Florida Keys in general,the imperative need for additional workforce housing is at a crisis level; and WHEREAS,the City requests that the term specified in Section 3 of the ILA be extended to include the remainder of the 2018-2019 competitive:cycle and extend through the physical year of 2020. NOW,THEREFORE,BE IT RESOLVED BY THE.CITY COUNCIL.OF THE CITY: OF MARATHON, FLORIDA,THAT: Section 1... :The above recitals are true and correct and incorporated herein. Section 2. The City requests that the term specified in Section 3 of the ILA be extended to include the remainder of the 2018-2019 competitive Cycle andextend through the physical year of 2020. Section 3. The City Clerk shall forward a certified copy of this Resolution to appropriate individuals at Monroe County,Florida,the:Florida Department of.Economic Opportunity,the Florida Housing Finance:Corporation, the.Florida Task Force on Affordable Housing, and the Executive . . Offices of the Governor. Section 4. Effective Date. This Resolution shall become effective immediately upon its . . .adoption. .. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF: MARATHON,FLORIDA,THIS 12TH DAY OF DECEMBER,2017. THE CITY OF MARATHON,FLORIDA I a J4LP , Michelle Coldiron,diron,Mayor.AYES: Bartus,Cook, Senmartin,Zieg,Coldiron NOES: . None ABSENT: None: : ABSTAIN: None ATTEST:. . V Diane Clavier,City Clerk (City Seal) . APPROVED AS TO FORM AND LEGALITY FOR THE USE AND RELIANCE OF.THE CITY OF MARA ON,FLORIDA ONLY: � _ , -2-1 ' - i - Attcsh Davi Migut:City Doctl 2100300 02/03/2017 3:11P1I Doch 2109300 FPMONROE RCOUNTY IKKEVIN cFU100K cords o/ Oka 2837 Po 2048 INTERLOCAL AGREEMENT MENT BETWEEN MONROE COUNTY AN I)TIU'.CITY OF MARATHON TRANSFERRING AFFORDABLE HOUSING RESIDENTIAL DWELLING UNIT ALLOCATIONS This Agreement("Agreement")is made and entered into this [4 day of December,2016, 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 91105 Overseas Highway,Marathon,Florida 33050(the"City"). WITNESSETEI: WHEREAS, Monroe County and the City of Marathon recognize the value of regional partnerships in smart growth;and WHEREAS,Policy 101.2.15 of the Year 2010 Monroe County Comprehensive Plan allows Rate of Growth Ordinance building permit allocations (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 affbrdable 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, el seq.. Florida Interlace!Cooperation Act of 1969,which states: "Ft is the purpose of this section to permit local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities"; and WHEREAS,the comprehensive plans of Monroe County and the City of Marathon expressly identify interlocal agreements as a means of resolving issues mutually affecting their respective jurisdictions; and 1of10 0 Bk$ 283793PO 2049 WHEREAS,the State of Florida Housing Finance Corporation (FHFC) Low Income Housing Tax Credits(LTHTC)application deadline is January 6.2017;and WHEREAS, HTG Crystal Cove Resort, LLLP a Florida limited liability limited partnership and or their assigns will be an applicant for FHFC LIHTC/WORKFORCE funding for Forty-six(46)affordable housing units(hereinafter referred to as"project")expected to be ranked and approved by the spring of 2017(i.e.,between March 20,2017,and May 1.2017). with closing on the project expected to occur by the fall of 2017 (i.e.,between September 22. 2017.and December 20,2017);and WHEREAS, HTG Crystal Cove Resort,LLLP has received City of Marathon approval of a Conditional.Use Permit by Resolution 2016-71 for a project that includes 46 affordable housing/workforce housing units pertaining to the following site: Legal Description attached as Exhibit A 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 I.TRANSFER: The parties agree to permit the transfer of up to 46 affordable housing ROGO allocations, comprised ofTewnty-three(23) low-income category, three (3) very-low income category, and twenty (20) moderate affordable housing ROGO allocations,from Monroe County to the City of Marathon for allocation,pursuant to this Agreement_and subject to the conditions contained herein, including but not limited to: HTG Crystal Cove Resort, LLLP, or its assignee,constructing and obtaining a Certificate • of Occupancy for all of the affordable housing units, situated upon the subject property • described herein,related to the transferred affordable housing ROGO allocations subject of this Interlocal Agreement,prior to December 31,2019;and The recording of a 99-year Affordable Housing Deed Restriction on all of the affordable housing units contemplated herein,in accordance with this Agreement,and in accordance with the applicable requirements of the Code of Ordinances, City of Marathon,Florida and similar requirements of the Florida Building Code(FBC). Section 2. ASSIGNMENT: Monroe County has assigned its rights to the affordable housing ROGO allocation contemplated herein to the City.and the 46 affordable housing ROGO allocations are to be issued by the City to be used specifically by HTG Crystal Cove Resort,LLLP. or its successor or assign, at the development in Marathon known as "Crystal Cove on 4900 Overseas Highway,Marathon"(Legal Description attached as Exhibit"A").In the event the subject project or,as applicable. HTG Crystal Cove Resort, LLLP, or, as applicable, its assign(s) and successor(s) in interest or title, fail to obtain 2 of 10 • Doett 9km 283s3PO 7 2050 federal or state housing financial assistance and complete the construction as evidenced by issuance of a Certificate of Occupancy for all 46 units by the City of Marathon,any units which have not received a Certificate of Occupancy shall result in those allocations reverting to Monroe County and to their former status under the Agreement; no amendment to this Agreement is necessary or required to trigger this automatic reverter clause. Section 3. TERM: Subject to and upon the terms and conditions set forth herein, this Interlocal Agreement shall continue in force until one of the following occur: The project is not granted funding by FHFC LIHTC/WORKFORCE program in the FY 16-17 or FY 17-I8 competitive cycle;or The project does not complete construction and does not obtain Certificates of Occupancy for all 46 affordable housing units contemplated herein by December 31. 2019. All affordable housing units for which Certificates of Occupancy are issued prior to December 3I, 2019 shall remain subject to this lnterlocal Agreement irrespective of whether all 46 affordable housing units contemplated herein receive Certificates of Occupancy. Section 4.NOTIFICATION:The City of Marathon shall ID Immediately notify Monroe County of any assignment(s) and successor(s) in interest or title to HTG Crystal Cove Resort,LLLP's interest(s)in the affordable housing ROGO allocation contemplated herein, and al Shall immediately notify Monroe County of arty assignment(s) and successor(s) in interest or title to the affordable housing ROGO allocations contemplated herein above at least thirty(30)business 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.The City of Marathon shall further provide prompt written notice to Monroe County of the extension,termination,or expiration of the aforesaid Conditional Use Permit for project contemplated herein. The City of Marathon shall further provide prompt written notice to Monroe County of the issuance of Certificates of Occupancy for the subject affordable housing units within thirty(30)business days after issuance of said Certificates. 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;and Monroe County Planning& Environmental Resources Department Attn:Senior Director Subject:City of Marathon Interlocal Agreement 2798 Overseas Highway,Marathon,FL 33050;and With a copy to: Monroe County Attorney's Office Attn; County Attorney 3of10 DocII 2109300 Okp 2837 Pgq 2051 Subject: City of Marathon Interlocal Agreement P.O.Box.1026 Key West,FL 341$-330il Thomas D.Wright, Esq. Law Offices of Thomas D. Wright,Chartered 9711 Overseas Highway Marathon,FL 33050 Attorney for Property Owners Failure of the City of Marathon or HTG Crystal Cove Resort, LLLP or their assign(s) or successor(s) in interest or title,to perform any act required by this Interlocal Agreement shall neither impair nor limit the validity of this Agreement or limit its enforceability in any way. Section 5.CONSTRUCTION AND INTERPRETATION:The construction and interpretation of this Interlocal Agreement and Monroe County Code(s)provisions in arising from,related to,or in connection with this Agreement, shall be deferred in favor of Monroe County and such construction and interpretation shall be entitled to great weight on trial and on appeal. Section 6.NO WAIVER: Monroe County shall not be deemed to have waived any rights under this Interlocal Agreement unless such waiver has been expressly and specifically provided. Section 7.LIMITATION OF LIABILITY: In the event of any litigation related to,arising from, or in connection with this Interlocal Agreement, the parties hereto and Keys Affordable Development ltF, LLC, and its assignees and successors-in-interest, hereby agree to expressly waive their right to ajury trial. Section 8. DUTY TO COOPERATE: When required to under this Interlocal Agreement, the City of Marathon and Keys Affordable Development, III,LLC,and its assignees and successors • - in-interest, shall, to.ensure the implementation of the government purpose furthered by this Agreement, cooperate with Monroe County's reasonable requests, regarding the conditions and provisions contained herein. Section 9. 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 shalt 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 10.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 4of10 • 13 101 283793Pg 2082 (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 3) U,S,C. s. 1975, as amended (42 U.S.C, ss, 6101-6107)), which prohibits discrimination on the basis of age; (4) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255),as amended, relating to nondiscrimination on the basis of drug abuse:(5)The Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism;(6)The Public Health Service Act of 1912.ss, 523 and 527 (42 U.S.C. ! ss.290 dd-3 and 290 ee(03).as amended,relating to confidentiality of alcohol and drug abuse patient records;(7)The Americans With Disabilities Act of 1990(42 U.S.C. s. 1201 Note), as may be amended From time to time,relating to nondiscrimination on the basis of disability; (8) The Civil Rights Act of 1992 (Chapter 760, Florida Statutes,and Section 509.021, Florida Statutes),as maybe amended from time to time,relating to non-discrimination;and(9)any other nondiscrimination provisions in any federal or state statutes or local ordinances which may apply to the parties to,or the subject matter of, this Agreement. Section 11, 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 12,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 tide 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 13.SUBORDINATION:This Agreement is subordinate to the laws and regulations of the United States and the State ofFlorida,whether in effect on commencement otthis lnin11 Agreement or adopted after that date. Section 14. INCONSISTENCY: If any item, condition,or obligation of this Agreement is in conflict with other items of this Agreement,the inconsistencies shall be construed so as to give meaning to those terms which limited the County's responsibility or I iab i 1 ity. Section 15.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 5 of 10 4 Bkit 2837Deett 93Pgtt 2053 conjunction with this Agreement, Section 16.NON-RELIANCE BY THIRD-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 o f individuals,entity or entities.have entitlements or benefits under this Agreement separate and apart,inferior to,or superior to the comm unity in general or for the purposes contem plated in this Agreement. Section 17,NO PERSONAL LIABILITY:No covenant or agreement contained herein shall be deemed to bea covenant or agreement ofany member,officer,agent or employee ofaparty 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 18. NOTICES: In addition to those communications and notice requirements set forth in Section 4. of this Agreement,all notices and other communications hereunder must he in writing and addressed as follows, or to any other address which either party may designate to the other party by mail: If to Monroe County: Roman Gastesi,Jr.,County Administrator Monroe County Historic Gato Building 1 100 Simonton Street Key West,Florida 33040;and Planning& Environmental Resources Department Attn:Senior Director Subject:City of Marathon Interloca!Agreement 2798 Overseas Highway,Marathon,FL 33050;and With a copy to: Monroe County Attorney's Office Attn: County Attorney Subject: City of Marathon lnterlocal Agreement P.O.Box 102d Key West, FL 33946'33 O 44 I Thomas D.Wright,Esq. Law Offices of Thomas D. Wright,Chartered 9711 Overseas Highway Marathon,FL 33050 6of10 3 Deal 2109300 Mt 2837 Pgti 2004 Attorney for Property Owners If to the City; City Manager 9805 Overseas Highway Marathon,Florida 33050 George Garrett,Planning Director 9805 Overseas Highway Marathon,Florida 33050 With a copy to: David Migut,Esquire City Attorney 9805 Overseas Highway Marathon,FL 33050 Thomas D.Wright,Esq. Law Offices of Thomas D.Wright,Chartered 9711 Overseas Highway 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 fee 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.Inconsistency,Partial Invalidity,Severability,and Survival of Provisions: if any condition or provision hereunder,or any portion thereof,is/are held to be invalid or unenforceable in or by any administrative hearing officer or court of competent jurisdiction, the invalidity or unenforceability of such condition(s)or provision(s)shall neither limit nor impair the operation, enforceability, or validity of any other condition or provision hereunder,or remaining portions thereof.Ail such other condition(s)or provision(s),or portions thereof,shall continue unimpaired in full force and effect. 7of10 { DocM 2109300 BUM 2837 Putt 2055 Section 17. Captions and Paragraph Headings:Captions and paragraph headings,where used herein, are inserted for convenience only and are not intended to descriptively limit the scope and/or intent of the particular paragraph or text to which they refer. Section 18.Authority to Attest: Each party to this Interlocal Agreement represents and warrants to the other that the execution, delivery, and performance of this Agreement has been duly authorized by all necessary corporate and other organizational action,as required. Section 19. 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 20.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 21.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. s`,o,40(~,yt Y• l r BOARD OF COUNTY COMMISSIONERS; = �- s r OF MONROE COUNTY,FLORIDA 1 1 • +.IT,Y MADOK ,CLERK By. a......... ! ,-r. c.b,C. g •41 ‘#)"".,g ! N Clerk Mayor_ George Neugent rp Date: ae-c-.eweAc,, r+; 2', (. APPROVED AS TO FORM AND LEGAL SUFFICIENCY NROE COUNTY ATTORNEY By: PROVED AS FORM: Assistant County Attorney —• ,t.-..1 STEVEN T.WILLIAMS ASSIS 1'ANT COU TY ATTORNEY '' Date r10 ATTEST: `- THE CITY OF MARATHON,FLORIDA By: /(LCAAAiUal"" 'q"— 13y- • DIANE CLAVER Mayor City Clerk Date: , e t _- 8 of 10 Dods 2100300 BkM 2837 P®M 2096 (City Seal) APPROVED AS TO FORM AND LEGALITY FOR THE USE AND RELIANCE OF THE CITY OF MARATHON,FLO DA ONLY: By: 'f t . David Migut,City Alto tey sue+ V, STATE OF FLORIDA `<' , f ` COUNTY OF MONROE '" .''� Thle copy ID M True Copy of tho Original on Fits hi thin Office. Mincing My hand end Official Seal And that sere,Is In fill for end affect This 6144 dal of - -, ..`.....4.,Lc;I A.D., 20 7 KEVIN MADOK,CPA Clark C cult Court g� Deputy Clerk 9 of l0 } Doc 300 Oka 2637� � 'Pit/ 2057 • s e ( EALLEDJT"A" LEGAL.OESCRIKT(ON, Lots 5 and 6 of Thompson and Adams Subdivision of Oovernmmtt Lot 1,Section 10,Township 66 South.Mango 32 Ease witioh plat la recorded in Pint Book 2,at Page 24 of the Public Records of Monroe Comity,Florida. nun Thompson and Adams Subdivision according to tlw plat thmeof rccnnta l lit?toe Book 2.Pap 24.uf the Public Racordt of Monroe County.Florida. Together with.a parcel of bay bottom land in the Bay of Florida With at and adjacent to Cot S of TFAmpson•Adama Subdivision.on worded la Pint Buck 2.Page 24 of the Public Records of Monroe County,Florida,said Subdivision also being Ina port of government Cat 1,Sccdoa 10. Township 66 South,Range 12 East,and being more partieulaly described by metes oral bounds as; follows: Commencing at the hum action of to Last Itoo orSeetton 16,Township 6d South.Range)2 Pest, and the norrhweatariy detit.•of-way Ilue of Old Stato Hlgitw,ty No.4A,Bear southwesterly along the • aatthwaseerly right-ottwgy Hoe of Old State Highway No.4A for a distance of f4.04 feet to the Southeast coma ofec3d Lot 5;thane's bearNorth along*titan One of Lnt S for*distance of 889.17 Q feet to the point of ben irmIng areta parcel of bay bottom land berdaaftce described,!root staid point ofbegic:drrg,caattmre hearing Nadia etorig the Bast lino otf at 3,exmadad,rat adIstaam0E220 fief to 4point,thence at right angles and Watt ibra distance of I00.97(hello a pointoa the West lino of LotS.onto/Wed North.thanes bear South aim g the Wan tine of Lot 3.extended Noah,fhradlstaaco of270 feat.more or(ear,too point on the abandiaa,dunee ma adatlho akacetinets a aatultorty and nartheastorly direction fbr a dlstatua of 226 fast,more or lass,book to the point of beginning. Tngothor with a,parcel of bay bottom land In die Bay of Florida Notch of aud adjacent to Lot 6 of Ttmatpson and Menu Subdivision ns recorded In Plat Rook 2,Pogo 24 of tits Public Records of 1 .hioncoc County,Florida.said subdivision also being to S prat of Clava(meat Lot I.Section 1.0, Township 66 South,Range 12 Coat and being more particularly described by metes not buwtds as tbllows: Cutuntenetng,u din tnouseutlou of the 4t,Ff.W.f.•of Om Chg.'f'htei lee nut eta•West 6atutdary of Lot G of gold':hor: von nsut Mato Sutxilvtsicist of Cluvammcut let 1.Sat:thin 10.Township 66 South,Range)2 Cost aspar plat thereof iuPintBuok2,Pogo24,oflht PubicIhniattts.ofMonroe a z, f1 County,Florida.ru toted far tho pond ofbog mtiog of into property to be daeedbed.fain shatters MinhV a� tidoliio,watersoftho golf ofhioxleo fora Wavmtaof323trot;theuoaea tight angto Anti o!for a distance 4f l0 ti!)7 foot to•t point;thence at a right angle end Sntuh to tbc'fd.Et.W.L.ac IL Ojai wtt to it tritetseces the Eriifont itiundnry of raid Cot 6:thence maunder said NCI(AV..hi n viostodv dimotlon to the point of bagitu ldg. Doc11 2109300 ®kit 2937 P01 2058 • Lau t ttd2,pa Week t of Vaaa VUlaga,aeeardtag to du plat theme'aeeorded In'Plat Book2,Pap 106,a Re-Subdivision of Lot 7 and 8 of"Thompson sad Adam 9ubd(vis(oa"as mottled to Plot Book 2,at Page 24,oldie PUbtic Racofdi of Mom=County,Florida. Lag 9,10,11,12 and 13,Bloats 1,VeaaVillage,aSubdFrls(oa ae reeordedinPlatBaofe2,Page 106, of the Publics Records of Mounts County.Flaidt. Also A pawl of bay bottom load(aStad ion 10,1%%:ship 66 South,Raope 32 East North afoul aeon to Koy Vega dosatibadas:Cotnnicae(ngat the Saolionoar=oomrowteoSeat(eua2,3,10and 1 t of 'Township 66 South Range 32 East IhenceSouth slug Ua asadou Ut ao amen toSection*Wand 11,163 t.62 flat to t(m hfartltct(y right of way lino of 01d Stole Highway 4A,so mt(tltag luly2$, p Q 3 (954;theaceSouth?4'20'00"West,5.19.93fcotslungsa(dNctnhatlyr(tttofwayJaa;themeNOM 13 U L083.2 feet,more or tau,to tho bf.H:W.L of to gulf of Rfax1001.the Palm of riegknlay;Utsuao continuing Roeth along add Line,cxtetutad Into the m oas a thaGulf of Mardcar 100 rack aaoro or leant thaaoo at ar tight aegto and Wass,t86.94 tbett t'hawoo ro a fight angto andSou th 321 met.more of less,to the M.H.W.f,.oltha Qulf of Mottico whore it Intareacts the Wad Rao of tiro Glom H. Cunha properties;ammo maunricting sold KH.Wt.taw Easteitya/W :Medydknt1ca335fe4 mare or(aea,to hut Point of Elogiwdng. • 0octt 2108300 Rs 2837 PO 2288 Sponsored by:Lindsey CITY OF MARATHON,FLORIDA RESOLUTION 2016-125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARATHON, FLORIDA, APPROVING MINOR REVISIONS TO THE INTERLOCAL BETWEEN MONROE COUNTY AND THE CITY OF MARATHON,APPROVED ORIGINALLY PURSUANT TO RESOLUTION 2016-104, TRANSFERRING AFFORDABLE HOUSING RESIDENTIAL ALLOCATIONS FOR A PROJECT KNOW AS IITG CRYSTAL COVE APPROVED.BY THE CITY UNDER RESOLUTIONS 2016-71 & 2016-72; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Marathon (the "City") wishes to enter into an Inter-Local Agreement with Monroe County(the"County")for the purposes of Transferring affordable housing unit allocations;and WHEREAS,the Monroe County requested minor and non-substantive modifications to the ILA approved by the City pursuant to Resolution 2016.104 and the City has made such minor modifications, WHEREAS,the Inter-Local Agreement with the County is in the best interest of Monroe County and the City of Marathon for the purposes of providing opportunities for affordable housing, NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARATHON,FLORIDA,THAT; Section 1. The above recitals are true and correct and incorporated herein. Section 2. The Revised Inter-local Agreement(ILA) attached hereto as Exhibit"A", between Monroe County and the City of Marathon Transferring Affordable Housing Residential Allocations for a project known as HTG Crystal Cove. (Resolutions 2016-71&2016-72 provided as Exhibits"B"&"C")is hereby approved. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED BY THE CITY COUNCIL OF TILE CITY OF MARATHON,FLORIDA,THIS 13th DAY OF DECEMBER,2016. THE CITY OF MARATHON,FLORIDA Dr.Daniel Ziet„ or • Doe M 2109300 ®kEI 2937 Pitt 2090 AYES: NOES: ABSENT: ABSTAIN: ATTEST: Dia/L.L Cati ,C Diane Clavier,City Clerk (City Seal) APPROVED AS TO FORM AND LEGALITY FOR THE USE AND RELIANCE OF THE CITY OF MARATHON,FLORIDA ONLY: i Mi ut •t �tton� y David � ,Gtyr t y R193Pa N 2837 n 2061 Sponsored by: Lindsey • CITY OF MARATHON,FLORIDA RESOLUTION 2016-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARATHON, APPROVING A REQUEST BY HTG CRYSTAL COVE RESORT, LLLP FOR A CONDITIONAL USE PERMIT PURSUANT TO CHAPTER 102, ARTICLES 13 OF THE CITY OF MARATHON LAND DEVELOPMENT REGULATIONS (LDRS) ENTITLED "CONDITIONAL USE PERMITS,"AUTHORIZING THE DEVELOPMENT OF A TWENTY- EIGHT (28) UNIT RV PARK, FORTY-SIX AFFORDABLE HOUSING UNITS, AND 7,700 SQUARE FEET OF COERCIAL RETAIL ON PROPERTIES LOCATED AT AND ADJACENT TO 4900 OVERSEAS HIGHWAY;REAL ESTATE NUMBERS 00327150-000000,00327910-000000, 00327920-000000, 00327990-000000, 00328000-000000, 00328010.000000, 00328020-000000,AND 00328030-000000. NEAREST MILE MARKER SO WHEREAS,FITG Crystal Cove,LLLP,,(The"Applicant")tiled an Application on June 30, 2016 for a Conditional Use Permit and Development Agreement pursuant to Chapter 102,Articles • 13 of the City of Marathon Land Development Regulations(LDRs);and WHEREAS; the Applicant proposes to develop twenty-eight (28) RV, forty-six (46) workforce and affordable housing residential units,and 7,700 square feet of commercial space;and WHEREAS, City staff reviewed the Applicant's request For a Conditional Usc Permit determining that the Applicant's project proposal was in compliance with the City's Comprehensive Plan and Land Development Regulations(LDRs)and further that there was no substantial impact on the City's Level of Service(LOS);and WHEREAS,on the 15th day of August,2015,the City of Marathon Planning Commission (the "Commission") conducted a properly advertised public hearing (the "Public Hearings") regarding the request submitted by the Applicant,COT a Conditional Use Permit pursuant to Chapter 102,Article 13 of the LDRs;and WHEREAS, and on the 23rd day of August,2016 and the 13`'day of September,2016,the City Council(the"Council")conducted properly advertised public hearings(the"Public Hearings") regarding the request submitted by the Applicant,for a Conditional Usc Permit pursuant to Chapter 102, Article t 3 of the LDRs;and WHEREAS; the City Council made a determination that the Applicant's request for a Conditional Use Permit, subject to the terms of the LDRs and with Conditions imposed, was in Compliance with the City's Comprehensive Plan and LDRs and further,that the approval is in the Cyst Cove CLD.%2015 1 Dela 21093C ektt 2537 Pratt 2062 public interest.is consistent with its policy to encourage the redevelormcnl nrpropetties 1Aithin the City(Jr Marathon and a ill further the health.sai'ct} and welfare of the residents ofMarathon;and WHEREAS. the purpose of the Conditional Use Permit is to allow for the integration of certain land uses and structures is ithin the City of Marathon, bused on conditions imposed hy the Council. Revicyy is based primarily on compatibility oldie use with its proposed location and with surroundina land uses and on the basis°fall zoning,subdivision and other ordinances applicable to the proposed location and zoning district. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARATHON,FLORIDA,THAT.. Section 1. Chi abc c recitals are true and correct and incorporated herein. Section 2. l"he City Council hereb) approves Development Order 2016-07.a copy of which is attached hereto as Exhibit".A.',granting a Conditional Use Permit to 1-(T(.1 Crystal Cove Result, I.ILP.subject to the Conditions imposed. 'Mc Director of Planning is out horizcd to sign the detclopment order on behalf of the City. Section 3 This resolution shall take effect immediutefv upon its adoption by the C'it) of Marathon and after reyicye and approval by the I)epartincnt of Economic Opportunity putstrtnt to Chapters 163 and 380.Mori( PASSED AND APPROVED by the City Council of the city of Marathon,l lotida.this 1 1't' day of September, 2016. THE CITY OF MARATHON, FLORIDA Mark Senimartin, Mayor AYES: Zien, Baum. Kell). C.'oldiron.Senmartin NOES: None ABSENT: None ABSTAIN None ATTEST: Diane Clay ter'. Cii+ Clerk (City Seal) coo:+ia1J 2 DoeN 2109300 8kI 2837 Pad 2083 APPROVED AS TO FORM ANI) LICALITV FOR nu: USI[. ANI) RELIANCE OF nu; CI'l'Y OF ;MARATHON, FLORIDA ONLY: Mai 283793pga 2064 s ,gyp, , a; 2 ' tfM ,9. CITY OF MARATHON,FLORIDA 4., 00):r CONDITIONAL USE A- DEVELOPMENT ORDER#2016-07 A DEVELOPMENT ORDER APPROVING A REQUEST BY HTG CRYSTAL COVE RESORT,LLLP FOR A CONDITIONAL USE PERMIT PURSUANT TO CHAPTER 102,ARTICLES 13 OF THE CITY OF MARATHON LAND DEVELOPMENT REGULATIONS (LDRS) ENTITLED "CONDITIONAL USE PERMITS,"AUTHORIZING THE DEVELOPMENT OF A TWENTY- FIGHT (28) UNIT RV PARK, FORTY-SIX AFFORDABLE HOUSING UNITS, AND 7,700 SQUARE FEET OF COMMERCIAL RETAIL ON PROPERTIES LOCATED AT AND ADJACENT TO 4900 OVERSEAS HIGHWAY;REAL ESTATE NUMBERS 00327150-000000,00327910-000000, 1 00327920-000000, 00327990-000000, 00328000-000000, 00328010-000000, 00328020-000000,AND 00328030-000000. NEAREST MILE MARKER 50 WHEREAS,HTG Crystal Cove,LLLP„(The"Applicant")filed an Application on June 30,20I6 for a Conditional Use Permit and Development Agreement pursuant to Chapter 102, Articles 13 of the City of Marathon Land Development Regulations(LDRs);and WHEREAS; the Applicant proposes to develop twenty-eight (28) RV, forty-six (46) workforce and affordable housing residential units,and 7,700 square feet of commercial space;and WHEREAS, City staff reviewed the Applicant's request for a Conditional Use Permit determining that the Applicant's project proposal was in compliance with the City's Comprehensive Plan and Land Development Regulations(LDRs)and further that there was no substantial impact on the City's Level of Service(LOS);and WHEREAS,on the 15`h clay of August,2015,the City of Marathon Planning Commission (the "Commission") conducted a properly advertised public hearing (the "Public Flemings") regarding the request submitted by the Applicant,for a Conditional Use Permit pursuant to Chapter 102,Article 13 of the LDRs;and WHEREAS, and on the 23`d day of August,2016 and the 13th day of September,201.6,the City Council(the"Council")conducted properly advertised public hearings(the"Public Hearings") regarding the request submitted by the Applicant,for a Conditional Use Permit pursuant to Chapter 102,Article 13 of the LDRs;and WHEREAS; the City Council made a determination that the Applicant's request for a Conditional Use permit, subject to the terms of the LDRs and with Conditions imposed, was in Compliance with the City's Comprehensive Plan and LDRs and further,that the approval is in the public interest,is consistent with its policyto encourage the redevelopment of properties within the City of Marathon and will further the health,safety and welfare of the residents of Marathon;and crYstor Cove CVDA 2016 4 Door 2109300 Dkq 2637 POI 2065 WHEREAS, the purpose of the Conditional Use Permit is to allow for the integration of certain land uses and structures within the City of Marathon, based on conditions imposed by the Council. Review is based primarily on compatibility of the use with its proposed location and with surrounding land uses and on the basis of all zoning,subdivision and other ordinances applicable to the proposed location and zoning district, FINDINGS OF FACT: L The applicant will a develop twenty-eight(23) unit RV park,forty-six(46) workforce and affordable housing units,and 7,700 square feet of Commercial Floor Area,and accessory structures as may be appropriate(See Attached Site Plan as Attachment 1), 2. In accordance with Section 102.77 of the Code,the Commission and Council considered and determined the Applicant met the following criteria: a, The proposed use is consistent with the Comprehensive Plan and LDRs; b. The proposed use is compatible with the existing land use pattern and future uses designated by the Comprehensive Plan; c. The proposed use shall not adversely affect the health,safety,and welfare of the public; and d. The proposed conditional use minimizes environmental impacts,including but not limited to water, air, stormwater management, wildlife, vegetation, wetlands, and the natural functioning of the envirorunent;and e. Satisfactory provisions and arrangements have been made concerning the following matters,where applicable: 1. Ingress and egress to the property and proposed structures thereon with particular reference to automotive,bicycle,and pedestrian safety and convenience,traffic flow and control and access in case of fire or catastrophe; 2. Off-street parking and loading areas where required, with particular attention to item I above; 3. The noise,glare or odor effects of the conditional use on surrounding properties; 4. Refuse and service areas, with particular reference to location, screening and Items 1 and 2 above; 5. Utilities,with reference to location and availability; 6. Screening and buffering with reference to type,dimensions and character; 7. Signs,if any,and proposed exterior lighting with reference to glare,traffic safety and compatibility with surrounding properties; Crystal Coy CUOA 2016 5 } DocI 2109300 UP 2837 Pgtt 2066 8. Required yards and other open space; 9, General compatibility with surrounding properties;and CONDITIONS IMPOSED: Granting approval of the Application is subject to the following conditions: Conditions of Approval 1. A final lighting plan must be submitted prior to permit issuance. 2. A final landscape plan must be submitted prior to permit issuance. 3. Dumpsters are to be screened per code. 4. All conditions of the Fire Marshall must he met prior to permit issuance. 5. Where the project boundary buffer is reduced,thicker landscaping and screening is required. 6. Additional screening is to be created along the canal facing RV lots. The criteria established in Section 107.66 F shall be applied to this area with the additional height needed to screen headlights. 7. All signs will he reviewed and approved for compliance with the City of Marathon LDR's. 8. Each RV site shall comply with all hurricane evacuation requirements set forth for City transient uses. 9. Existing entitlements include thirty(30)transient residential units(TRUs),one(I)market rate residential unit,and 1,633 square feet of commercial square footage. These entitlement shall be utilized to complete the project as approved. The approval of this Development Agreement does not convey or grant a vested right or entitlement to future allocations of affordable residential units by the City for the forty-six (46) affordable residential units referenced and approved in this Development Agreement. Such allocations shall be made at a future date consistent with the comprehensive plan amendments and LDR amendments. It is the intent of the applicant,with the support of the City,to seek the necessary affordable residential unit allocations through and Inter-local Agreement transferring the units from Monroe County to the City of Marathon. 10.Dwelling units shall contain less than or equal to 1,800 square feet of habitable space. Occupancy of affordable housing units is limited to those meeting the following income requirements: a. Very-low-income,A household,whose income(excluding that of full-time students under 18 years of age) does not exceed 50 percent of the median adjusted gross annual income for households within the county; b. Low-income.A household,whose income(excluding that of full-time students under 18 years of age) does not exceed 80 percent of the median adjusted gross annual income for households within the county; c. Median-income.A household,whose income(excluding that of full-time students under 18 years of age) does not exceed 100 percent of the median adjusted gross annual income for households within the county; Crystal Cove CODA 2016 6 Doott 2109300 Skil 2837 PO 2067 d. Moderate-income.A household,whose income(excluding that of full-time students under 18 years of age) does not exceed 120 percent of the median adjusted gross annual income for households within the county; e. Middle-income. A household,whose income (excluding that of full-time students under 18 years of age) does not exceed 160 percent of the median adjusted gross annual income within the county; 11,The monthly rent shall not exceed 30 percent of that amount which represents the income bracket of the household,i.e.,very low,low,median,moderate or middle,divided by 12.In no case shall the monthly rent exceed 160 percent of the median adjusted gross annual income for households within the county,divided by 12. 12.Annual income qualification,base or employment verification,as applicable,by the City,or its designee, shall be limited to rental and employee housing dwelling units. Income verification for owner occupied dwellings shall be performed and approved by the City or its designee prior to the sales closing and occupancy of the dwelling unit. 13. For any community workforce units the following requirements shall be met: a. Affordable housing criteria set forth in above and Chapter 110"Definitions"; b. Shall be permanently deed-restricted as affordable; c. Shall be restricted to occupancy to households that derive at least 70 percent of their household income from gainful employment in Monroe County; d. Shall be restricted to occupancy for 28 consecutive days or longer; e. Shall not be used for vacation rental use;and f. Shall not be sold separately as a condominium. 14.The total area of the mixed-use or commercial apartments,including patios and access way shall not exceed the area covered by the ground floor and any covered walks or arcades. 15.Each unit shall have access to a balcony or patio that is separate from the access to the unit, provides adequate privacy and the size shall be two-tenths (2/10) of unit floor area or a minimum of 60 square feet in size. 16.The patio area may he wholly or partially replaced by the provision of a recreation yard provided on site.Recreational yards shall be a minimum one-tenth(1/10)of unit floor area. 17.The developer and the City shall enter into a Development Agreement which at a minimum promulgates a requirement that necessary workforce housing units,pursuantta Chapter 104 Article 1,Section 104.25 and the City's Zoning in Progress concerning affordable housing, be complete prior to the Certificate of Occupancy for all RV units. In the alternative,the will accept a bond for the value or the units or an irrevocable letter of credit which shall only be released upon completion of the required units. 18.For RV lots 1-10: The owner has agreed to locate an opaque fence no less than 42"high,and buffered on the canal side by landscaping suitable to the City of Marathon. The location of CNsta(Coup CODA 2(116 7 Oeca 2IO93OO 8kff 2837 Pgi* 2068 the fence sections will extend for twelve feet(12')on the canal front sides of the lot to be located in front of the RV parking to shield headlights from shining across the canal. 19.An emergency gate entry/exit gate is allowed for emergency vehicle access at the northeast corner of the project site for entry/exit to and from 50'h Street. This gate shall be continuous secured except to allow emergency vehicle access, The use of the gate for general or routine access of owners or patrons of the RV or affordable housing project elements is prohibited. Crystal Cave CUM 2016 8 Bk8 28Doe 37��PO 2063 VIOLATION OF C'O:`'f)1'1'IC)N S: The applicant understands and acknuwledgesthat it mLtst comply With all of the terms and conditions herein,and all other applicable rc.iluiremcntt,af the City or other governmental agencies applicable to the use orthe Property. In accordance with the Code.the Council may revoke this approval upon a determination that the Applicant or its suceessoi or designee is in non-compliance with this Resolution or Code I:aillire to adhere to the terms and conditions orapproval contained herein is a ( violation of the Code and persons found t ioluling the conditions shall be subject to the penalties prescribed therein. CONCLUSIONS OF LAW: Based upon the ahem e Findings of Fact.the Council does hereby make the lisllir.victu Curt lusit,ns of f-ow: I. The Application has been processed in accordance with the applicable provisions or the City Code.and will not be detrimental ui the community as a whole: and 2. In rendering its decision.as reflected in this Resolution,the Council has: (at Accorded procedural doe process: (lt) Observed die essential requirements uf'the law: (c) Suppcnted its decision b} substantial competent evidence of record: and 3. The Application liar a conditional use is hereby GR&N]Fl)subject to the conditions specified herein. EFFECTIVE: DATE: This development order shall not take effect.the thirty (30)dads Following the date it is tiled with the • City Clerk, and during that time, the conditional use approval granted herein shall he subject to appeal as provided in the City ('ode. An appeal shall sta} the erl'ectiyeness or this development order until said appeal is resolved • tt�- Date t (;corgi:Garret l)treedir of plannin4 This Deeclopment Order was Pled itt the Utiicc ol'the City Clerk ol'this da. ;it' 1.-t 2041; 510e " ___ Diane('ht‘ier.City Clerk Coot; 2109300 8k8 2837 Piel 2070 NOTICc Under the authority of Section 1112.79(c l or the City of Vlaradton Land Development Regulations, this development order shall become null and void with no fttrtiier notice required by the City.uutem a business license has been issued For the use or a complete building permit application ! r,site preparation and building construction with revised plans as required herein submitted to the City of Marathon Building(.)I'licial within one t I) s car From the date of-conditional us0 approval.or the date when the Department of Community Affairs waikes its appeal and all required eeriilicates of occupancy are procured V,Rh three(3)years oldie date of this development order is approved hy the City Council. In addition. please he advised that pursuant io Chapter c),1.1. Florida .Administrative Code, this instrument shall not take effect for fortt•five (-ai) days follow-la:4 the rendition to the Florida Department otCnntnntnity Aflitirs Duninr:that three-ticedais.the Florida I)epartmcnt oflit:on(Atli c Opportunity may appeal this instrument to the Florida Land and Water Adjudicatory Commission. and that such an appeal stays the effectiveness oFthis instrument until the appeal is resoled by agreement or order. CERTIFICATE OF SERVICE A true and correct copy utthc tthuye and Iorel:ufng..Resolution was Furnished,via 1,.J.certified mail. return receipt requested.addressed lit _J.1L1 ` l t 1'1 11,1, thisr'L__day of LiL - - 2(1,G. _ ...1!� t '�t�J I'�E�:!' "t.�.lr `��(� 1 r 1 f �� , Diane Clavier Ciity Clerk to . . „,. -. - . ,......--....... ..-. --- ,......._. ,. .. ....,...__._....-....,- _ ': w. t.'f.•'''':'.4.''? 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'....i1'.. •., ,,. .1.. , 1 . i •i . . • ., 5 .1 • 1310 203093Po 2072 Sponsored by: Lindsey CITY OF MARATHON, FLORIDA RESOLUTION 2016-72 A RESOLUTION OF THE CITY COUNCIL OF TI1E CITY OF MARATHON, APPROVING A REQUEST BY HTG CRYSTAL COVE RESORT, 1.LLP FOR A DEVELOPMENT AGREEMENT PURSUANT TO CHAPTER 102, ARTICLES 8 OF THE CITY OF I+r4ARATHOiN LAND DEVELOPMENT REGULATIONS(LDRS)ENTITLED"DEVELOPMENT AGREEMENT," AUTHORIZING THE DEVELOPMENT OF A TWENTY- , EIGHT (28) UNIT RV PARK, FORTY-SIX AFFORDABLE HOUSING UNITS, AND 7,700 SQUARE FEET OF COMMERCIAL RETAIL ON PROPERTIES LOCATED Al' AND ADJACENT TO 4900 OVERSEAS HIGHWAY;REAL ESTATE NUMBERS 00327150-000000,00327910-000000, 00327920-000000, 00327990-000000, 00328000-000000, 00328010-000000, 00328020-000000,AND(10328030-000000. NEAREST MILE MARKER 50 WHEREAS,HTG Crystal Cove.LI.L.P..(1 he"Applicant")tiled an Application un June 30. 2016 fur a Conditional Use Permit and Development Agreement pursuant to Chapter 102.Articles 13()idle City of Marathon Land Development Regulations(LDRst: and WHEREAS; the Applicant proposes to develop twenty-eight (25) RV, forty-six (46) workforce and affordable housing residential units.and 7,700 square feet of eonmtercia)space:and WHEREAS, City stall'reviewed the Applicant's request for a Development Agreement determining that the Applicant's project proposal was in compliance with the City's Comprehensive Platt and Land Development Regulations LDRst and further that there was no substantial impact on the City's Level of Service(LOS):and WHEREAS,on the 15'' day of August.2015,the City of Marathon Planning Commission (the -'Commission") conducted a properly advertised public hearing (the "Public Hearings-) regarding the request submitted by the Applicant,for a Development Agreement pursuant to Chapter [02.Article 8 of the LDRS:and WHEREAS, and on the 23rd day of August,2016 and the 13'''day of September.2016.the City Council(the"Council")conducted properly advertised public hearings(the"Public Hearings") regarding the request submitted by the Applicant,for a Development Agreement pursuant to Chapter 102,Article 8 of the LORs:and WHEREAS; the City Council made a determination that the Applicant's request for a Development Agreement.subject to the terms of the LDRs and with Conditions imposed,was in Compliance with the C'ir).'s C'nmprchenaive Plan and LORs and further. that the approval is in lire public interest,is consistent with its policy to encourage die redevelopment of:properties within the City of Marathon and +a ill further the health.satiny and welfare of the residents ol'Mara_hon:and • • • 8kti2837�3Pg 2073 WHEREAS, the purpose of the Conditional Use Permit is to allow for the integration of certain land uses and structures within the City of Marathon.based on conditions imposed by the Council, Review is based primarily on compatibility of the use with its proposed location and with surrounding land uses and on the basis of all zoning,subdivision and other ordinances applicable to the proposed location and zoning district. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARATHON,FLORIDA,THAT: Section 1. The above recitals arc true and correct and incorporated herein. Section 2, The City Council hereby approves the Development Agreement. attached • hereto as"Exhibit A." Section 3. This resolution shall take effect immediately upon its adoption by the City of Marathon and after review and approval by the Department of Economic Opportunity pursuant to Chapters 163 and 380.Florida Stultites. PASSED AND APPROVED by the City Council of the city of Marathon,Florida,this 13°i day of September, 2,0I6, • THE CITY OF 'MARATHON, FLORIDA • Mark Senmartin,Mayor AYES: Ziee. Ramos.Coldiron,Kelh°,Senmartin NOES: None ABSENT: None ABSTAIN: None ATTEST: Diane Clavier,City Clerk (City Seal) 00 RIO 283793PO 2074 APPROVED AS TO FORM AND LEGALITY FOR THE USE AND RELIANCE OF THE CITY OF MARATHON,FLORIDA ONLY: t^`-, David li_uut.L' t\ Atagfru} Doc 2109300 Bkq 2837 Pgq 2075 EXHIBIT A DEVELOPMENT AGREEMENT 8knp283792Pgq 2076 k Doc, 2100193 skit 2826 Pod 1951 RE Nos. 00327150-000000, 00327910-000000, 00327920-000000, 00327990-000000, 00328000-000000,00328010.000000,00328020-000000,AND 00328030.000000 (Space Reserved for Recording) Development Agreement for HTG Crystal Cove Reeott,LLLP Marathon,Florida This Development Agreement("Agreement")is entered into by and between the City of Marathon,a Florida Municipal Corporation(herein referred to as"City"),and Ff1'G Crystal Cove Resort, LLLP, a Florida limited liability limited partnership, whose address is 3225 Aviation Avenue,Suite 602, Coconut Grove,Florida 33133(herein referred to as"Owner"),pursuant to Chapter 102 Article S of the Land Development Regulations of the City of Marathon,and the Florida Local Government Development Agreement Act, Sections 163.3220-f 63.3243, Florida Statutes,and is binding on the effective date as set Forth herein. WITNESSE'l'H: • WHEREAS, Owner owns real property located in Marathon, Florida, described in Exhibit"A"hereto, which is the location of HTG Crystal Cove Resort LLLP and its proposed redevelopment; and WHEREAS, said HTG Crystal Cove Resort LLLP hold entitlements to thirty-four(34) transient residential units, one (1) market rate residential units, and 1,633 square feet of commercial space; and WHEREAS,the real property described in Exhibit"I"is designated on the City's Future Land Use Map(FLUM) as Mixed Use Commercial(MU.l-C), and is zoned as Mixed Use(MU). which land use designation and zoning allow the property to be used for transient rentals; and WHEREAS, Owner desires to develop twenty-eight (281 RV sites and amenities in an RV Park,forty-six(46)workforce and affordable housing residential units.and 7.700 square feet of commercial development;and WHEREAS, the City's affordable housing requirement for transient uses,as set out in Section 104.25 of the City of Marathon Land Development Regulations requires that new transient development provide affordable housing in an amount equal to 20% of the square footage of new transient development: and WHEREAS, the Marathon Planning Commission held a public hearing on the 15'' day of August,2016,to consider this agreement.and recommended approval c,C this agreement:and Bkp37 • #2893Pgp 2077 • Door 2100183 UN 2826 PgM 1952 WHEREAS, the City Council of Marathon held public hearings on the 23'd day of August and 13'"day of September,2016,to consider this Agreement;and WHEREAS, the City has determined that this Agreement is in the public interest, is • consistent with its policy to encourage the redevelopment of hotels and motels in Marathon,and will further the health,safety and welfare of the residents of Marathon. NOW, THEREFORE, in consideration of the mutual promises and undertakings contained herein, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as Follows: 1_ RECITALS. The Foregoing recitals are a part of this Agreement on which the parties have relied and are incorporated into this Agreement by reference. If. PURPOSES OF AGREEMENT_ The purposes of this Agreement are as Follows; To re-develop the HTG Crystal Cove Resort LT,i.P site to include the development of twenty- eight(28)RV sites,forty-six (46)workforce and affordable housing residential units,and up to 7,700 square feet ot'.commercial area,said Property noted in Exhibit A,consistent with the City of Marathon's Comprehensive Plan and Objective 1-3.4 of the City of tvlanathon's Comprehensive Plan; III. Definitions, For the purposes of this Agreement, all terms shall have the definitions as found in the City of Marathon's Land Development Regulations, Comprehensive Plan and in Chapter 163, Florida Statutes,or in other applicable Florida Statutes. and if not defined in the Code, Plan,or Statute, the term shall be understood by its usual and customary meaning. IV. Statutory and Code Requirements. The Parties recognize the binding effect of the Florida Local Government Development Agreement Act, Sections 163.3221. et seq., Florida Statutes, as to the form and content of this Agreement and in accordance therewith set forth and agree to the following: A. Legal Description and Ownership. !LTG Crystal Cove Resort LLLP is the Owner of the Property identified by Real Estate Numbers 00327150-000000,00327910-000000,00327920-000000,00327990-000000,00328000-000000, 00328010-000000, 00328020-000000, and 00328030-000000 which are the Properties the 603t2ec40 2 Doer: 2109300 DIM 2837 PP 2078 Dwell 2100183 Bktt 2826 POI 1933 subject of this Agreement, as described in Exhibit 2: Improvement Location and Boundary Survey.At time of development, there will be no other legal or equitable owners of the subject property known to the parties to this Agreement. B. Duration of Aatree:nent. The Owner shall have a period of one 11) year from the Effective Date of this Agreement to obtain the first building permit for the RV Park site and three(3) years from the Effective Date of this Agreement to obtain the first permit for the workforce and affordable housing component of the project. All Certificates of Occupancy and/or Final Inspections for structures on the Property as shown on the Site Plan shall be obtained with seven(7)years. This Agreement may be renewed or extended as provided herein. If the Owner has not complied with the terms of this section,this Agreement may be subject to termination as provided herein. C.Permitted Uses, 1. The Development permitted on the Property shall consist of those uses set forth herein,as identified on the conceptual site plan attached hereto as Exhibit 3, and incorporated herein by reference.The permitted uses are as follows: i. Twenty--eight(28)RV Park RV sites Forty-six(46)workforce and affordable housing residential units;and iii. 7,700 square feet of commercial development. iv. Requirement to provide workforce housing pursuant to Section 104.25 A. of the LDRs. 2. Existing entitlements include thirty-four(34) transient residential units (TRUs), one (I) market rate residential unit, and 1.633 square feet of commercial square footage. These entitlement shall be utilized to complete the project as approved. The approval of this Development Agreement does not convey or grant a vested right or entitlement to future allocations of affordable residential units by the City for the forty-six(46)affordable residential units referenced and approved in this Development Agreement. Such allocations shall be made at a future dare consistent with the comprehensive plan amendments and Ll7R amendments. It is the intent of the applicant, with the support of the City, to seek the necessary affordable residential unit allocations through and Inter-local Agreement transferring the units from Monroe County to the City of Marathon. 3_ For the duration of this Agreement, the Parties agree that any and all of the approved development shall adhere to, conform to, and be controlled by this Agreement, the Exhibits attached hereto and incorporated by reference, the LDRs and the Comprehensive Plan governing the develupntent of the subject ptoperty on the Effective Date of this Agreement. In the event that all or a portion of the existing or authorized development subject to this Agreement should Tnt 451,479,337v2 7-30-0a BC302604C 2 Doctt 2109300 Blot 2837 Pg0 2079 Docp 2100183 BUN 2826 PO 1954 be destroyed by storm.tire or other disaster,the Owner,it's grantees,successors,or assigns shall have the absolute right to rebuild or repair the affected structure(s) and reinitiate the prior approved use so long as such development is in compliance with this Agreement. 4. Through this Development Agreement and the approval of Resolution 2016-71 which provides a Conditional Use Permit for the project, the Developer agrees to all Conditions approved in the Conditional Use Permit. 5. Pursuant to this Development Agreement the Owner agrees that that required workforce housing units, pursuant to Chapter 104 Article 1, Section 104.25 and the City's 7.oning in Progress concerning affordable housing,shall be complete prior to the Certificate of Occupancy for all RV units. In the alternative,the City will accept a bond for the value or the units or an irrevocable letter of credit which shall only be released upon completion of the required units. 6. The following documents are attached hereto and incorporated by reference,showing the Property Boundary and Existing and Proposed Uses: Exhibit 1: Warranty Deed Exhibit 2: Site Survey Exhibit 3: Conceptual Site Plan as approved herein and pursuant to the City's approval of a Conditional Use Permit 7. Maximum Building Sleight shall be thirty-seven (31) feet, as provided in Future Land Use Element Policy 1-3.2.5 in the City's Comprehensive Plan and us defined by the LDRs. 8. The Owner shall execute and record in the public records of Monroe County a Declaration of Covenants and Restrictions in a tbrm acceptable to the City ensuring that all Transient Units on the property comply with Hurricane Evacuation Requirements set forth in Policy 1-2.2.1 of the Future Land Use Element of City's Comprehensive Plan, in effect or as amended. 1).Ptd.:Ii4 Fecilitiea 1,The Florida Keys Aqueduct Authority provides domestic potable water. 2. Electric Service is provided by the Florida Keys Electric Co-op. 3.Solid Waste Service is provided by Marathon Garbage Service. 4, Owner shall provide wastewater and sewage collection and dispose) by expanding its current connection to the City. 5. Educational Facilities. The redevelopment of transient use as contemplated by this Agreement 80382804o 2 Doep 2109300 Ijka 2837 PO 2080 Ooctt 2100163 will not impact education facilities. skp 2826 PO 1955 6. Recreational Facilities. The Property includes onsite recreational facilities for visitors and guests of the property. Therefore, redevelopment of the property will have no impact on public recreation facilities. 7. Storenwater. A Stottnwater Management System which meets all applicable local, state and federal requirements shall be constructed onsite as part of the Site Redevelopment.This system will retain.detain,and treat Stormwater on the Property and therefore wilI provide a substantial benefit to water quality in the area.There shall be no direct discharge to the City of Marathon Nearshore Waters. 8.Any increased impacts on Public 1-'aeilities or Public Services attributable to each unit of the development, and the cost of capital improvement to meet the associated increased demand on • such facilities or services,shall be assured by payment to the City,concurrent with the issuance of the building permits for each unit, of any City of Marathon Impact Fees required by the ordinance then in effect, as well as by payment by owner of arty applicable utility system Development Fees. In addition, Owner agrees to be subject to any reasonable impact fee ordinance adopted by the City within twenty-four (24) months after the Effective Date of the Agreement, providing such ordinance applies equally and uniformly to all redevelopment in Marathon. 9. Fire Protection.The Owner shall provide tire hydrants and other such tire protection facilities • as required by the Life Safety Code administered by the. City Fire Department. Fire sprinklers • will be installed as required by City Code, E. Local Development Permits. The following is a list of all Development Permits approved or needed to be approved for the redevelopment of the Property as specified and requested in this Agreement: I. This Development Agreement. 2_ Conditional Use Approval. 3. The Final Site Plan, Landscape Plan, Drainage Plan,Building Elevations and Hoar Plan approvals. 4. Building and related construction permits for all structures utilized for principal use or accessory use, (and clearing,and landscaping. At any time any building permit is applied for,Owner shall demonstrate compliance with all applicable Federal,State and Municipal Disabled-access Regulations in effect at the time of application. rgL.451.479,.32.l2 t-Ja-OS Doep 2109300 810 2837 Pen 2081 --)k Doc* 2108183 5101 2826 Pp11 1938 5, Federal,State, Regional,and Local Permits for Stormwster runoff. Nothing in this Agreement shall preclude the parties from applying additional conditions, by mutual agreement,during Final Site Plan review or permitting. F. (•'indint~of Cotasistenty. By Entering into this Agreement, the City finds that the redevelopment permitted ar proposed herein is consistent with and furthers the Comprehensive Plan (as defined herein), applicable Lt)Rs and the Principles for Guiding Development set forth at Section 380.0552(7), Florida Statutes. G. Ociislj t�y,HPAS empt links,and Square Footage The Parties acknowledge that there exist on the Property: Develonment Tyne Existing Transient Units: 30 units Single Family Dwellings: 1 Market Rate Residential Units Commercial Flour Area: 1,633 Sq,Ft. li. Reservations or Dedications of Land for Public Purmoses. The parties anticipate that Owner may reserve or dedicate land for public purposes in connection with the Redevelopment, but is currently unaware of the specifics of such reservation(s) or dedication(s). Reservations and dedications for public purposes in connection with this Agreement may be requested by the City's Comprehensive Plan and City Code. Such reservations or rededications may include, by way of example, easements necessary for the provision of stormwuter,utility,and wastewater services to the Property. I. Mutualgnonerathan City and Owner agree to cooperate fully and assist each other in the performance of the provisions of this Agreement. 1. Development to Cgm)1ti with Permits and City Coniplehenside Plan and code Provisions. The redevelopment shall be developed in accordance with all required permits and in accordance with all applicable provisions of the City's Comprehensive Plan and Land Development Regulations in effect on the effective date of this Agreement. Na Certificate of Occupancy for an individual building shall be issued until all plans for that building are approved by the City and Owner has complied with all conditions in permits issued by the City and the other regulatory entities for that building.The City agrees that any permits or certificates of occupancy to he issued by the City shall not be unreasonably withheld or delayed. TAL 45f.479.3324 1-70-08 6022626J40 2 Bk 3093 C • Bee 2837 POI Bkkpp 28288 P B g 1987 K. Compliance WitlLP rrtaiL,Ternts,t:ondttlatt ,anclRcslrictionsavail Identified Herein. The failure of this Agreement to address a particular permit, condition,term, or restriction shall not relieve Owner of the necessity of complying with the law governing said permitting requirements,conditions,terms,or restrictions. L. Laws t,ioventing. I. For the duration of this Agreement,all approved development of the Property shall comply with and be controlled by this Agreement and provisions of the City's Comprehensive Plan and City Code in effect on the date of execution of this Agreement, inclusive of text changes and rezoning approved by the City Council on the date of the City's approval of this Agreement, if any. The parties do not anticipate that the City wilt apply subsequently adopted laws and policies to the Property,except as expressly provided in this Agreement. ?. Pursuant to Sectiun 163.3233, Florida Statutes. the City may apply subsequently adopted laws and policies to the Property only if the City holds a public hearing and determines than i. The new laws and policies are not in conflict with the laws and policies governing the Agreement and do not prevent development of the land uses, intensities, or densities set forth in this Agreement; ii. The new laws and policies are essential to the public health, safety,or welfare, and the City expressly states that they shall apply to the development that is subject to this Agreement; iii. The City demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement:or iv. The Agreement is based on substantially inaccurate information supplied by Owner. Provided.however,nothing in this Agreement shall prohibit the parties from mutually agreeing to apply subsequently adopted laws to the Property, 3. If state or federal laws enacted after the Effective Date of this Agreement preclude any party's compliance with the terms°Cthis Agreement, it shall be modified as necessary to comply with the relevant state or Federal laws. However, this Agreement shall not he construed to waive or abrogate any rights that may vest pursuant to common law. IA. (Intendment,Renewal ttncllerminntiun, This Agreement may be amended.renewed,or terminated as follows 1. As provided in Section 163.3237, Florida Statutes, this Agreement may be amended by mutual consent of the parties to this Agreement or by their successors in interest. Amendment rAL 451,a 9.332v7 7-20-oa 803626040.2 COCA 2109300 UP 2837 Pea 21383 ll\\ 016 8kr 2821 Pow 1588 under this provision shall be accomplished by an instrument in writing signed by the parties or their successors. 2. As provided in Section 163.3237, Florida Statutes,this Agreement may be renewed by the mutual consent of the parties, subject to the public hearing requirement in Section 163.3225, Florida Statutes, and applicable LDits. The City shall conduct at least two(2)public hearings, one of which may be held by the local planning agency at the option of the City. Notice of intent to consider renewal of the Agreement shalt be advertised approximately fifteen(15)days before each public hearing in a newspaper of general circulation and readership in Marathon,and shall be mailed to all affected property owners before the first public hearing. The day, time, and place at which the second public hearing will be held shall be announced at the First public hearing. The notice shall specify the location of the land subject to the Agreement, the development uses on the Property, the population densities, and the building intensities and height and shall specify a place where a copy of the Agreement can be obtained. 3. This Agreement may he terminated by Owner or its successor(s) in interest following a breach of this Agreement by the City upon written notice to the City as provided in this Agreement. 4. Pursuant to Section 163.3235, Florida Statutes, this Agreement may be revoked or modified by the City if, on the basis of substantial competent evidence, the City finds there has been a failure by Owner to comply with the terms of this Agreement. 5. This Agreement may be terminated by mutual consent of the parties. N. Breach of Agreement and Cure Provisions. I. If the City concludes that there has been a material breach in this Agreement by Owner,prior to revoking this Agreement,the City shall serve written notice on Owner identifying the term or condition the City contends has been materially breached and providing Owner with ninety(90) days Front the date of receipt of the notice to cure the breach or negotiate an amendment to this Agreement. Each of the following events shall be considered a material breach of this Agreement: (i)Failure to comply with the ptovisions of this Agreement; (ii) Failure to comply with terms and conditions of permits issued by the City or other regulatory entity for the development authorized by this Agreement. 2, If Owner concludes that there has been a material breach in the terms of this Agreement by the City, Owner shall serve written rtotica on the City identifYing the term or condition Owner contends has been materially breached and providing the City with ninety (90) days from the date of receipt of the notice to cure the breach, or negotiate an amendment to this Agreement. The following events shall be considered a material breach of this Agreement: (i) Failure to comply with the provisions of this Agreement; rAL 451.4 7'9,3320 7.3o•oe eceszeoao.2 • Bko 2tl 837�P�tt 2084 Doe' 2100183 }WM 2820 Pep 1959 (ii)Failure to timely process any application for Site Plan approval or other development authorized by this Agreement, 3. if either party waives a material breach in this Agreement,such a waiver shall not be deemed a waiver of any subsequent breach. • 4. Notwithstanding any other provisions of this Development Agreement to the contrary, neither party hereto shall be deemed to be in default under this Development Agreement where delay in the construction or performance of the obligations imposed by this Development Agreement are caused by war, revolution, labor strikes, lockouts, riots, floods, earthquakes. tires, casualties, acts of God, governmental restrictions, embargoes, litigation (excluding litigation between the City and the Owner). tornadoes, hurricanes, tropical storms ur other severe weather events, or any other causes beyond the control of such party. The time of performance hereunder,as well as the term of this Development Agreement,shall be extended for the period of any forced delays or delays caused or resulting from any of the foregoing causes. The Owner must submit evidence to the City's reasonable satisfaction of any such delay. O. Notices- All notices, demands, requests, or replies provided For or permitted by this Agreement, including notification of a change of address, shall be in writing to the addressees identified below,and may be delivered by anyone of the following methods:(a)by personal delivery;(b) by deposit with the United Stares Postal Services as certified or registered mail,return receipt requested,postage prepaid;or(c)by deposit with an overnight express delivery service with a signed receipt required, Notice shall be effective upon receipt. The addresses and telephone numbers of the parties areas follows: • TO OWNER: HTG Crystal Cove Resort 1.11.2 3225 Aviation Avenue,Suite 602 Coconut Grove,Florida 33133 With a copy by regular U.S.Mail to: Thomas D Wright Florida Board Certified Real Estate Attorney 9711 Overseas Highway Marathon.Florida 33050 TO THE CITY: City Manager City of Marathon 9805 Overseas Highway Marathon,Florida 33050 (305) 743-0033 TAL 431,479,332v2 7-30-08 603626040.2 Oka82831793p0u s 2085 A. Dacia t 23 8 02ti PP M t96® With a copy by regular U.S.Mail to: City Attorney City of Marathon 9805 Overseas Highway Marathon,Florida 33050 (305)743-0033 f. Annual Report_ On each anniversary date of the effective Date of this Agreement,Owner shall provide the City with a report identifying(a)the amount of development authorized by this Agreement that has been completed,(b) the amount of development authorized by this Agreement that remains to be completed, aad (e) any changes to the plan of development that have occurred during the one (1) year period from the Effective Date of this Agreement or from the date of the last Annual Report. Q. Enforcement. in accordance with Section 163.3243, Florida Statutes, any party to this Agreement. any aggrieved or adversely affected person as defined in Section 163.321.5(2).Florida Statutes, or the State Land Planning Agency may fife an action for injunctive relief in the Circuit Court of Monroe County, Florida,to enforce the terms of this Agreement or to challenge the compliance of this Agreement with the provisions of Section 163.3220-163.3243,Florida Statutes. R. Binding Effecs, This Agreement shall be binding upon the parties hereto, their successors in interest, heirs, assigns,and personal representatives. S. Assittrunent. This Agreement may trot be assigned without the written consent of the parties,which consent shall not be unreasonably withheld. T. 1ril�tjnn-cif A freentent. The parties acknowledge that they jointly participated in the drafting of this Agreement and that no term or provision of this Agreement shall be construed in favor of or against either party based solely on the drafting of the Agreement_ U. Several?ilitr, In the event any-provision, paragraph or sec-lien of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, such determination shall not affect the AL 46 1,479.33242 r-30-08 603e26040.2 • b Doan 2109300 / h Bkp 2837 POI 2088--31k Deep 2100183 Bko 2826 Poo 1961 enforceability or validity of the remaining provisions of this Agreement. V, A.pligalnle Laws, This Agreement was drafted and delivered in the State of Florida and shalt be construed and enforced in accordance with the laws of the State of Florida. W, I_itigatiotdAttornevs Fees: Venue: Wajvar of Right to Jury Trial, As between the City and Owner,is the event of any litigation arising uut of this Agreement,the prevailing party shall be entitled to recover all reasonable costs incurred with respect to such litigation, including reasonable attorney's fees. This includes, but is not limited to, reimbursement for reasonable attorney's fees and costs incurred with respect to any appellate, bankruptcy,post-judgment,or trial proceedings related to this Agreement. Venue for any legal proceeding arising out of this Agreement shall be in Monroe County, Florida. THE PARTIES TO THIS AGREEMENT*WAIVE THE RIGHT TO A JURY TRIAL IN ANY LITIGATION ARISING OUT OF THIS AGREEMENT. • X. I,s4 ol'Singular and Plural_ Where the context requires,the singular includes the plural,and plural includes the singular. Y. Dupliti.atc Originals;Counterpans. This Agreement may be executed in any number of originals and in counterparts,all of which evidence one agreement. Only one original is required to be produced for any purpose. Z. He.adines. The headings contained in this Agreement are for identification purposes only and shall not be construed to amend,modify,or alter the terms of this Agreement. AA. Entirety of Agrc:urnen(. This Agreement incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, or understandings regarding the matters contained herein. The parties agree that there are no commitments. agreements, or understandings concerning the subjects covered by this Agreement that are not contained in or incorporated into this document and, accordingly, no deviation from the terms hereof shall be predicated upon any prior representations or agreements.whether written or oral_ This Agreement contains the entire and exclusive understanding and agreement among the parties and may not be modified in any manner except by an instrument in writing signed by the parties. -• TAL 451,479.332v2 7-30.08 6035260402 Doep 2109300 8kl$ 2837 P911 2087 Qua 2100183 Bktt 2826 PgP 1962 BB. K y (inic_E cti re Us11S. The Owner shall record this Agreement in the public records of Monroe County, Florida. within fourteen (14)days after the date the last party signs this Agreement. A copy of the recorded Agreement showing the date,page and book where recorded shall be submitted to the State Land Planning Agency at the Department of Community Affairs,Division of Community Planning, 2555 Shamard Oak Boulevard. Tallahassee FL 32399-2100 by hand delivery or registered or certified United States mail, or by a delivery service that provides a signed receipt showing the date of delivery, within fourteen(14) days after the Agreement is recorded and received by the Owner or his agents, Owner shall also provide a copy of the recorded Agreement to the City at 9305 Overseas Highway, Marathon,Florida 33050, within the same time period. This Agreement shall become effective thirty(30) days after the date the State Land Planning Agency receives i:s copy pursuant to Section 163.3239,,Florida Statutes CC,._Pat o_EA.grcernent. The Date of this Agreement is the date the last party signs and acknowledges this Agreement. • IN WITNESS WHEREOF,the parties hereto have set their hands and seals an the day and year below written. Signed,sealed,and delivered in the presence of WITNESSES: OWNER HTG Crystal Cove Resort LLLP, A Florida Limited Liability Limited Partnership �tilynt t e ,1�Jl— By:HTG Crystal Cove Resort GP,LLC, a5C.fU( f JPci, *,e t_f ' A Florida emoted Liability Company Nance of witness(printed or typed) its Sole(Jenard Ruiner.'• �xA, Signature IIII]] Name:Randy Rieger feu . Name of witness(printed or typed) Title:Authorized Person STATE OF FLORIDA COUNTY OF MONROE The fol[owing instrument was acknowledged before me on this day of Mo'HYcr,2,20 lr�, tv, Kandy l teger, as Authorized Penton of FUG Crystal Cove Reaurt GP, LLC.who istcrwttaity known tn'?3:or who produced _-_ ,_,ta identification. and who did/did not take an oath. .th. Nava Pu ',Slaw of Florida At Large My corntnt53toaexpires r.4L aa+471.3324 7.10.0e 603425040 2 • "'Ply,. Maly Pui t and d Pb40. p. Guts Pardo 14 ridCoufroaa+Fr,t225tt2 ,. Dom.comae,s n�J 1 / �IL • �oe6 as®s3oo Oki 283y ,P©a 2088 41( Deem 21 01t33 8tut 2626 PO 1963 On the I 3" day of September, 20t6,The City Council of the City of Marathon approved this Agreement by Resolution No_2016-72 ATTEST::, R `, f ' r Y OF MARATHON Uu v \ �-te— — City Clerk Mark Semmardn,Mayor APPROVED AS TO FROM AND LEGALITY FOR THE USE AND RELIANCE OF THE CITY OF MAR F tON,FLORIDA ONLY. David igut,C ty Att 1ey • • TAL 48?479.3324 7-3C-08 eassze 4a 2 boaN 2109300 8k11 2837 PO 2089 \ Doca 21015163 6K11 2326 PO 1964 EXHIBIT E • • • rAt 451,479,33242 7-34-08 ao3e2 4a 2 —soao03N leraz9do AJN103 30bNOW saaoo3N �11I�1dthl7 .u.Nnon 30$011 T DYCffL9ED9 90-ON zhZE£'6J6'J;I,7V1 •Sultm}$rgJo 1►10d ai i t4 uaparnp 040'4•41 »qS N'11 rns JJausrau 0ti1s41:p In Plrt)o dospunary w01tva7 cap ma watt,q orqu,mod►W")',,) ct6o%t(inognttaryOttou{SiivIra)t1J1{jlinitdtu1100)46GDIJooaamclp uJsj ism pa nit us istip uir catiallsat O)CLCJomyna vow tT?itrf.JVJptt>o41)u t»Itw etl;ultr Irmo.OotrgltcrS'poq}raaPWofr..t*ofdtt(a0NulrJ)Ba(IJOculoJCotJg1ptmce•ngymutliatw:• o0/1,44)OnPw=eb?'19nI1i11Jo to;aS d t:toed ltld!+I;' 'i:46Jodroan Z(sStmjl•tpni$ 9f 1410,00.1, slol122S.'1 IY1lululauanai)J0 ticilISINIny oval's/lrn UOVJDOU,PIN de q 1n•1 JG J:rinminq_ RI og1 pto Mt1tt)1)o)'I0 to" JA11iK.a14IJo 110;rC21a1M 1Z0411t StalNt7ll D0J Minor.o) n 1lsuaoy 0v1 mad:Aq p>gI>alop etustna{1>:d am,lam pva Istp T(aura`glttol;9(dlytwtDl 'GI ti+n,I»g'l'to7UM:313.WD)01171vuAa1sq O01:w)1ln7Pgntgil'11111oit1'410OJ)( moll Jo►pao>o$a}Igad otp)o St sled Z4o06 s{l,J ul SoWsoas w tygunlpgts wee*.TDD untttuxl{J • Jo9in01Itimfpepu+Jtt.qutfit.up;tO7310 Ara otp.u.pugillOtoqtteq)o)ouad0 VI. inyl>4oy.. _..• .. 114ut119>q Jv 1404 mp(V00i itci Ja IOta;t>J()r JO totraYVf►aOJ ucntostlp tfir.'u:x.4um,put d1aJ4tnut V V•ri010+ i'otp mpaptu map"ostraxop>1 l Vu 1OIcd l M•4 raj to?tn;a'►7a)Gap P IIWtp a ID) 'tJoNppp:tmw'!Ul)00101)10Mtcp9tI 1puvg;sag aavogl'quo).:Mi i°Y1n1)povalttOM ot1uo1u)td►N1tD)!AMC 1docalira?trtO Kole.pwsal6utWslt►tv>uugl'tuladtt01IarfOUP 61'J IV r►i)ptpwlvtY WW1 onlls eg9uj *MA 8ussigoxu9oco"Ju)ua}Saq)Otulad re; t uaq wcw.r10p TousuWq putt tuonoa riv9 Jo lautd os,t)o Popp;in)0;00 alp 011ati cl•bi'i• Jo vourtilp o Jo)F te'3)o tags itva soft 2UDi/9/FM a►q 001/01p Ij)071nn Jo Jlnlon uxalutos I:od 6(1UJo 05teJ St r PO VI'ON Atha lfni 01ti$i'lOd00'al Aem)0•pjklt{pouN Ntsoa ao%sopiricilw+tg7Dtusotl•yf•flt AvANANson pl-N *91lxmjo11DP)1AtmlotevltnsDa)put '1tra u09urb 4itioS Pa dulD4M01, uJtt:all)a 01q;)IVfl vq1)11 UODJJ1101,21 Uptt.$J)a•xiwuz;,t WA0pad tro tpwlOq pin moue dq poquntp ApIinopted D Iu 1ot09 put hta)1 t(DOVV I' 0699 d!t{ewt 1 bi uoluop'I io7lvcanutaanoJOLtd Y Vl SIgoa Ogg 11a)►?A4pgII$pigs 'Am*anokow )0 q'Jav{g tpgty{ l))o PI o4tal'O naup tttd I' pws, ›:11 is'vaeslnli qo5►attpyt tetGiuntu jo S tat cl Iusv?(pa{u1t Ja tiUt1FI'rp410WJo f►Q ay:ti4 pwi 1tsatVq,(tq)o tsatad ti tiltµ Am Ji 'appal?!dlttno3 IOnIQ 14)P cptva0g ztlII II ctOJP 'Pt✓Ptd'611tbaIcidt7pp1t»ujtuIi 3100t1tAl2"tpt03>suryry•i01, tt VlitlaU4II WIUJJo >:E IJatgnoS1{orgSlar1 et9(1Nt6tmgrillot175P4CJc.A4w•)1.4lyl:0100,g•pptJDVt+ .robrtlj vosid''4ttnoJ otutt0)4 Jo'porn 011g0d o'PSO 1Z 0lW ti'i sloop told vl p1 oaa1 c.Io1d imp*1SiJ r4 cPo01•Ono pp dpltuval'et urtµooS'1 tot tuo0:aasxa•J JD vo4nnlpgttp ttulpV pJr aoi.9alagl jog put t ht✓1 9 MirtraMttivori fa 596> Ned w3.0 ee®z aid ceez a>!e t(00E60TZ Vo0 S\\1 _ li`. CITY COUNCIL AGENDA STATEMENT = ,-- Meeting Date: April 9, 2019 To: Honorable Mayor and Council Members From: George Garrett, Planning Director Through: Chuck Lindsey, City Manager Agenda Item: A Resolution Of The City Of Marathon, Florida, Providing An Amendment Documents For Extension Of The Term Specified In Section 3, "Term" Of The Interlocal Agreement Between The Monroe County And The City Of Marathon Transferrring Affordable Housing Residential Dwelling Unit Allocations For An Approved Project In The Ownership Of Crystal Cove Market Site LLC (Formerly HTG Crystal Cove), To Be Located 4900 Overseas Highway, Marthon, Florida On Properties Including Real Estate Numbers 00327150- 000000, 00327910-000000, 00327920-000000, 00327990-000000, 00328000-000000, 00328010-000000, 00328020-000000, And 00328030-000000. Nearest Mile Marker 50; Rescinding Resolution 2017-106; And Providing For An Effective Date. RECOMMENDATION: Approval of Resolutions 2019-XXX BACKGROUND On or about December of 2016,the City of Marathon and Monroe County entered into an Interlocal Agreement (ILA) (Resolution 2016-125) transferring forty-six (46) affordable housing residential dwelling units to the City to be utilized in a project in the ownership of HTG Crystal Cove, LLC. the subject project sought and has ultimately received tax credit funding through the Florida Housing Finance Corporation. the project known as Crystal Cove Market Site LLC (originally HTG Crystal Cove) and Key Vaca LLC have submitted building plans jointly to complete a combined project. The building plans should be approved within the next several weeks (approximately March 31, 2019). The ILA provides a"reverter clause" and a term which specifies that: "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 is not granted funding by FHFC LIHTC/WORKFORCE program in the FY16-17 or FY 17-18 competitive cycle; or The project does not complete construction and does not obtain Certificates of Occupancy for all forty-six (46) affordable housing units contemplated herein by December 31, 2019. All affordable housing units for which Certificates of Occupancy are issued prior to December 31, 2019 shall remain subject to this Interlocal Agreement irrespective of whether all 46 affordable housing units contemplated herein receive Certificates of Occupancy." The City requests that the term specified in Section 3 of the ILA (attached) be extended to through the physical year of 2021 to allow appropriate time for the combined projects to be completed and to receive a Certificate of Occupancy. There is a previous request (Resolution 2017-106) for an extension which Monroe County determined to be unnecessary at the time, thus Resolution 2017- 106 should also be rescinded in favor of the current proposed Resolution. This request is codified in Resolution 2019-28. This Resolution provides the Amendment Document that the County requires in order to carry out the extension request. CONSISTENCY CHECKLIST: . •Yes No 1. Comprehensive Plan . . X. 2. Other—2010 Sewer Mandate X FISCAL NOTE: RECOMMENDATION Approval of Resolution 2019-XXX Sponsored by: Lindsey CITY OF MARATHON, FLORIDA RESOLUTION 2019-XXX A RESOLUTION OF THE CITY OF MARATHON,FLORIDA, PROVIDING AN AMENDMENT DOCUMENT FOR EXTENSION OF THE TERM SPECIFIED IN SECTION 3,"TERM" OF THE INTERLOCAL AGREEMENT BETWEEN THE MONROE COUNTY AND THE CITY OF MARATHON TRANSFERRRING AFFORDABLE HOUSING RESIDENTIAL DWELLING UNIT ALLOCATIONS FOR AN APPROVED PROJECT IN THE OWNERSHIP OF CRYSTAL COVE MARKET SITE LLC (FORMERLY HTG CRYSTAL COVE),TO BE LOCATED 4900 OVERSEAS HIGHWAY,MARTHON,FLORIDA ON PROPERTIES INCLUDING REAL ESTATE NUMBERS 00327150-000000, 00327910- 000000, 00327920-000000, 00327990-000000, 00328000-000000, 00328010- 000000, 00328020-000000,AND 00328030-000000. NEAREST MILE MARKER 50; RESCINDING RESOLUTION 2017-106; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, On or about December of 2016,the City of Marathon and Monroe County entered into an Interlocal Agreement(ILA) (Resolution 2016-125)transferring forty-six(46) affordable housing residential dwelling units to the City to be utilized in a project in the ownership of HTG Crystal Cove,LLC; and WHEREAS, the subject project sought and has ultimately received tax credit funding through the Florida Housing Finance Corporation; and WHEREAS, the project known as Crystal Cove Market Site LLC (originally HTG Crystal Cove) and Key Vaca LLC have submitted building plans jointly to complete a combined project; and WHEREAS,the building plans should be approved within the next several weeks (approximately April 30,2019); and WHEREAS, the ILA provides a"reverter clause"and a term which specifies that: "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 is not granted funding by FHFC LIHTC/WORKFORCE program in the FY16-17 or FY 17-18 competitive cycle; or The project does not complete construction and does not obtain Certificates of Occupancy for all forty-six (46) affordable housing units contemplated herein by December 31, 2019. All affordable housing units for which Certificates of Occupancy are issued prior to December 31, 2019 shall remain subject to this Interlocal Agreement irrespective of whether all 46 affordable housing units contemplated herein receive Certificates of Occupancy." WHEREAS,the City requests that the term specified in Section 3 of the ILA be extended.to through the physical year of 2021 to allow appropriate time for the combined projects to be completed and to receive a Certificate of Occupancy; and WHEREAS,a request to extend the ILA was made in Resolution 2019-28; and WHEREAS,this Resolution provides the Amendment Document that the County requires in order to carry out the extension request, NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARATHON, FLORIDA, THAT: Section 1. The above recitals are true and correct and incorporated herein. Section 2. The City requests that the term specified in Section 3 of the ILA(Resolution 2016-125) be extended through the physical year of 2021,December 31, 2021 and that the attached Amendment Document be conveyed to Monroe County for review and approval. Section 3. The City Clerk shall forward a certified copy of this Resolution to appropriate individuals at.Monroe County,Florida,the Florida Department of Economic Opportunity,the Florida Housing Finance Corporation,the Florida Task Force on Affordable Housing, and the Executive Offices of the Governor. Section 4. Effective Date. This Resolution shall become effective immediately,upon its adoption. PASSED AND APPROVED by the City Council of the City of Marathon, Florida, this 9th day of April, 2019. THE CITY OF MARATHON, FLORIDA John Bartus,Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Diane Clavier, City Clerk (City Seal) APPROVED AS TO FORM AND LEGALITY FOR THE USE AND RELIANCE OF THE CITY OF MARATHON, FLORIDA ONLY: David Migut, City Attorney 1.5 t, BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Sylvia Murphy, District 5 The Florida Keys l'U � Mayor Pro Tern Danny Kolhage, District 1 �pw° Michelle Coldiron, District 2 Heather Carruthers, District 3 David Rice, District 4 County Commission Meeting April 17, 2019 Agenda Item Number: I.5 Agenda Item Summary #5422 BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Juanita Jones (305) 289-2560 n/a AGENDA ITEM WORDING: Approval of the 1st amendment to the revised Interlocal Agreement (ILA) 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 (LIHTC) project, to December 31, 2021. ITEM BACKGROUND: On December 14, 2016 the City of Marathon and Monroe County entered into a revised Interlocal Agreement (ILA) (transferring forty-six (46) Affordable Housing ROGO allocations to the City to be utilized in a project in the ownership of HTG Crystal Cove, LLC. The subject project sought and has ultimately received tax credit funding through the Florida Housing Finance Corporation. The County has also entered into an ILA with the City of Marathon transferring 55 Affordable Housing ROGO allocations to the City for use in a project in the ownership of Key Vaca, LLC. The projects known as Crystal Cove Market Site LLC (originally HTG Crystal Cove) and Key Vaca LLC have submitted building plans jointly to complete a combined project. The building plans are yet to be approved and are currently being reviewed. The City is requesting extensions to the deadlines for Certificates of Occupancy specified in both IL,As. The subject of this agenda item is the ILA regarding the Crystal Cove, LLC project. The ILA regarding the Key Vaca, LLC project has been included as a separate BOCC agenda item. The revised ILA provides a "reverter clause" and a term which specifies that: "Section 3. TERM: Subject to and upon the terms and conditions set forth herein, this Interlocal Agreement shall continue in force until one of the following occurs: The project is not granted funding by FHFC LIHTC/WORKFORCE program in the FY16-17 or FY 17-18 competitive cycle; or The project does not complete construction and does not obtain Certificates of Occupancy for all forty-six (46) affordable housing units contemplated herein by December 31, 2019. All affordable housing units for which Certificates of Occupancy are issued prior to December 31, 2019 shall remain subject to this Interlocal Agreement irrespective of whether all 46 affordable housing units Packet Pg. 1957 1.5 contemplated herein receive Certificates of Occupancy." The City requests that the aforementioned term specified in Section 3 of the ILA (attached) be extended to December 31, 2021 to allow appropriate time for the combined projects to be completed and to receive Certificates of Occupancy. The request is for following properties: 4 r 4 M s S V ST 7T w. Subject Parcels Are Highlighted ;E o V 77. �. V ,e nn PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval. DOCUMENTATION: Amendment 1 to ILA Marathon - HTG Crystal Cove City of Marathon Resolution 2019-28 Packet Pg. 1958 1.5 2016 ILA Marathon Crystal Cove Marathon CC Agenda Item April 9, 2019 - Resolution 2019-XXX for Amendment to ILA Crystal Cove 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: Grant: County Match: Insurance Required: Additional Details: REVIEWED BY: If yes, amount: Emily Schemper Completed Assistant County Administrator Christine Hurley 04/02/2019 2:34 PM Steve Williams Completed Maureen Proffitt Completed Budget and Finance Completed Maria Slavik Completed Mayte Santamaria Skipped Kathy Peters Completed Board of County Commissioners Pending 04/02/2019 1:34 PM Completed 04/02/2019 2:43 PM 04/02/2019 3:01 PM 04/02/2019 5:04 PM 04/02/2019 5:31 PM 04/02/2019 4:51 PM 04/02/2019 6:00 PM 04/17/2019 9:00 AM Packet Pg. 1959 1.5.a AMENDMENT 1 TO INTERLOCAL AGREEMENT BETWEEN MONROE COUNTY AND THE CITY OF MARATHON TRANSFERRING AFFORDABLE HOUSING RESIDENTIAL DWELLING UNIT ALLOCATIONS This Amendment ("Amendment") to an Interlocal Agreement ("Agreement") is made and entered into this day of , 2019, by and between Monroe County, a political subdivision of the State of Florida, whose address is 11.00 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 330.50 (the "City"). WITNESSETH: 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 1.63.01., 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 ageements as a means 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 I Packet Pg. 1960 1.5.a WHEREAS, property in the ownership of HTG Crystal Cove 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, HTG Crystal Cove has submitted plans for construction which the City has reviewed and is nearing approval for building permits; and WHEREAS, on or about December 14, 2016 the City of Marathon and Monroe County entered into an ILA in order to provide forty-six (46) 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 2019-28 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 one of the following occur: The project is not granted funding by FHFC LIHTC/WORKFORCE program by at least the FY18-19 competitive cycle; or The project does not complete construction and does not obtain Certificates of Occupancy for all 46 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 46 affordable housing units contemplated herein receive Certificates of Occupancy." Section 2. EFFECT' ON THE AGREEMENT: In all other respects, the Agreement remains in full force and effect. 00093748 - v3 Pa Packet Pg. 1961 1.5.a Section 3. EFFECTIVE DATE: This Agreement shall take effect on the date set forth above. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative. (SEAL) ATTEST: KEVIN MADOK, CLERK By: _ Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: _ Mayor Date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Bv: Assistant County Attorney ATTEST: B v: DIANE CLAVER City Clerk (City Seal) APPROVED AS TO FORM AND LEGALITY FOR THE USE AND RELIANCE OF THE CITY OF MARATHON, FLORIDA ONLY: B v: David Migut, City Attorney THE CITY OF MARATHON, FLORIDA By: _ Mayc Date: COUNTY n ROYaD P.- FORM: STI`VE►' ."rill. +^�i^ ASSISTANT +ii� GRNEY 00093748 - 0 3 Packet Pg. 1962 1.5.b Sponsored by: Lindsey CITY OF MARATHON, FLORIDA RESOLUTION 2019-28 A RESOLUTION OF THE CITY OF MARATHON, FLORIDA, REQUESTING AN EXTENSION OF THE TERM SPECIFIED IN SECTION 3, "TERM" OF THE INTERLOCAL AGREEMENT BETWEEN THE MONROE COUNTY AND THE CITY OF MARATHON TRANSFERRRING AFFORDABLE HOUSING RESIDENTIAL DWELLING UNIT ALLOCATIONS FOR AN APPROVED PROJECT IN THE OWNERSHIP OF CRYSTAL COVE MARKET SITE LLC (FORMERLY HTG CRYSTAL COVE), TO BE LOCATED 4900 OVERSEAS HIGHWAY, MARTHON, FLORIDA ON PROPERTIES INCLUDING REAL ESTATE NUMBERS 00327150-0000009 00327910-0000009 00327920-0000009 00327990-000000, 00328000-0000009 00328010-0000009 00328020-0000009 AND 00328030- 000000. NEAREST MILE MARKER 50; RESCINDING RESOLUTION 2017-106; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, On or about December of 2016, the City of Marathon and Monroe County entered into an Interlocal Agreement (ILA) (Resolution 2016-125) transferring forty-six (46) affordable housing residential dwelling units to the City to be utilized in a project in the ownership of HTG Crystal Cove, LLC; and WHEREAS, the subject project sought and has ultimately received tax credit funding through the Florida Housing Finance Corporation; and WHEREAS, the project known as Crystal Cove Market Site LLC (originally HTG Crystal Cove) and Key Vaca LLC have submitted building plans jointly to complete a combined project; and WHEREAS, the building plans should be approved within the next several weeks (approximately March 31, 2019); and WHEREAS, the ILA provides a "reverter clause" and a term which specifies that: "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 is not granted funding by FHFC LIHTC/WORKFORCE program in the FYI 6-17 or FY 17-18 competitive cycle; or The project does not complete construction and does not obtain Certificates of Occupancy for all forty-six (46) affordable housing units contemplated herein by December 31, 2019. All affordable housing units for which Packet Pg. 1963 1.5.b Certificates of Occupancy are issued prior to December 31, 2019 shall remain subject to this Interlocal Agreement irrespective of whether all 46 affordable housing units contemplated herein receive Certificates of Occupancy." WHEREAS, the City requests that the term specified in Section 3 of the ILA (attached) be extended to through the physical year of 2021 to allow appropriate time for the combined projects to be completed and to receive a Certificate of Occupancy; and WHEREAS, there is a previous request (Resolution 2017-106) for an extension which Monroe County determined to be unnecessary at the time, thus Resolution 2017-106 should also be rescinded in favor of the current proposed Resolution, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARATHON, FLORIDA, THAT: Section 1. The above recitals are true and correct and incorporated herein. Section 2. Rescind Resolution 2017-106. Section 3. The City requests that the term specified in Section 3 of the ILA (Resolution 2016-125) be extended through the physical year of 2021 - December 31, 2021. Section 4. The City Clerk shall forward a certified copy of this Resolution to appropriate individuals at Monroe County, Florida, the Florida Department of Economic Opportunity, the Florida Housing Finance Corporation, the Florida Task Force on Affordable Housing, and the Executive Offices of the Governor. Section 5. Effective Date. This Resolution shall become effective immediately upon its adoption. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF MARATHON, FLORIDA, THIS 12TH DAY OF MARCH, 2019. THE CITY gMA1VF-HON, FLORIDA John Bart us, Mayor AYES: Cook, Gonzalez, Senmartin, Zieg, Bartus NOES: None ABSENT: None ABSTAIN: None Packet Pg. 1964 1.5.b ATTEST: Diane Clavier, City Clerk (City Seal) APPROVED AS TO FORM AND LEGALITY FOR THE USE AND RELIANCE OF THE CITY OF MARATHON, FLORIDA ONLY: ry4 David Migut, City Att niey Packet Pg. 1965 1.5.b Sponsored by: Lindsey CITY OF MARATHON, FLORIDA RESOLUTION 2016-125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARATHON, FLORIDA, APPROVING MINOR REVISIONS TO THE, INTERLOCAL BETWEEN MONROE COUNTY AND THE CITY OF MARATHON, APPROVED ORIGINALLY PURSUANT TO RESOLUTION 2016-104, TRANSFERRING AFFORDABLE HOUSING RESIDENTIAL ALLOCATIONS FOR A PROJECT KNOW AS HTG CRYSTAL COVE APPROVED BY THE CITY UNDER RESOLUTIONS 2016-71 & 2016-72; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Marathon (the "City") wishes to enter into an Inter -Local Agreement with Monroe County (the "County") for the purposes of Transferring affordable housing unit allocations; and WHEREAS, the Monroe County requested minor and non -substantive modifications to the ILA approved by the City pursuant to Resolution 2016-104 and the City has made such minor modifications, WHEREAS, the Inter -Local Agreement with the County is in the best interest of Monroe County and the City of Marathon for the purposes of providing opportunities for affordable housing, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARATHON, FLORIDA, THAT: Section 1. The above recitals are true and correct and incorporated herein. Section 2. The Revised Inter -local Agreement (ILA) attached hereto as Exhibit "A", between Monroe County and the City of Marathon Transferring Affordable Housing Residential Allocations for a project known as HTG Crystal Cove. (Resolutions 2016-71 & 2016-72 provided as Exhibits `B" & "C") is hereby approved. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF MARATHON, FLORIDA, THIS 13" DAY OF DECEMBER, 2016. THE CITY OF MARATHON, FLORIDA . r. Daniel Zit1,, C M" Packet Pg. 1966 AYES: NOS: ABSENT; ABSTAIN., ATTEST: Diane Clavier, City Clerk (City Seal) APPROVED AS TO FORM AND LEGALITY FOR THE USE AND RELIANCE OF THE CITY OF MARATHON, FLORIDA ONLY: Dav�id-rNV-itgzut, City Attorticy I Packet Pg. 1967 1 EXHMIT A Interlocal Agreement I Packet Pg. 198 1 1.5.b Doctt 210 300 02/03/2017 3:11PM Iyaeq 2109300 Filed d Recorded in 4tifWtclal Records of 8kA 2637 P # 2040 "ON ROE COUNTY' KEVIN 1"AOOK 1U "ti�i L��s"ry�{.:q��'�W.}F�A,*I..k.�1�.. p�1.yn�u�'.".r1�.r..,� .....&1 ,��IyA�'emtxp�M�T A„.� mmd� �Rd 11�4� 1 A+wI tllry l"A F, �1 Q�1 I + "1", VTR iY nN AIV'`M TRANKFERRING AiNp llfyA fwl l(*. RLS I)JrN W IJJN — � 1,Q(' 'I`IQNk '. This Agreement ("Agreement") is made and entered into this day of December, 2016 by and between Monroe County, a political subdivision of the State of Florida. whose address is 190 Simonton Street, Key West, Florida 33040 ("County"), and the City of Marathon, a municipal corporation of the State of Florida, whose address is 9905 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 101.2.15 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) ofthe 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 .req.. 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 oflocal communities and WHEREAS, the comprehensive plans of Monroe County and the City of Marathon expressly identify interlocal agreements as a means of resolving issues mutually affecting their respective Jurisdictions; and Iof10 Packet Pg. 1969 1.5.b Doelt 2109300 Bk* 2837 P9q 2049 WHEREAS, the State of Florida Housing Finance Corporation (FHFC) Low Income Housing Tax Credits (LIHTC) application deadline is January 6, 2017; and WHEREAS, HTG Crystal Cove Resort, LLLP a Florida limited liability limited partnership and or their assigns will be an applicant for FHFC LIHTC/ WORKFORCE funding for Forty-six (46) affordable housing units (hereinafter referred to as "project") expected to be ranked and approved by the spring of 2017 (i,e., between March 20, 2017, and May 1.2017). with closing on the project expected to occur by the fall of 2017 (i.e., between September 22. 2017. and December 20, 2017); and WHEREAS, HTG Crystal Cove Resort, LLLP has received City of Marathon approval of a Conditional Use Permit by Resolution 2016-71 for a project that includes 46 affordable housing/workforcc housing units pertaining to the following site: Legal Description attached as Exhibit A 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. TRANSFER: The parties agree to permit the transfer of up to 46 affordable housing ROGO allocations, comprised of Tewnty-three(23) low-income category, three (3) very -low income category, and twenty (20) moderate affordable housing ROGO allocations, from Monroe County to the City of Marathon for allocation, pursuant to this Agreement- and subject to the conditions contained herein, including but not limited to: HTG Crystal Cove Resort, LLLP, or its assignee, constructing and obtaining a Certificate of Occupancy for all of the affordable housing units, situated upon the subject property described herein, related to the transferred affordable housing ROGO allocations subject of this lnterlocal Agreement, prior to December 31, 2019; and The recording of a 99-year Affordable Housing Deed Restriction on all of the affordable housing units contemplated herein, in accordance with this Agreement, and in accordance with the applicable requirements of the Code of Ordinances, City of Marathon. Florida and similar requirements of the Florida Building Code (FBC). Section 2. ASSIGNMENT: Monroe County has assigned its rights to the affordable housing ROGO allocation contemplated herein to the City. and the 46 affordable housing ROGO allocations are to be issued by the City to be used specifically by HTG Crystal Cove Resort, LLLP, or its successor or assign, at the development in Marathon known as "Crystal Cove on 4900 Overseas Highway, Marathon" (Legal Description attached as Exbibit "A"). In the event the subject project or, as applicable. HTG Crystal Cove Resort, LLLP, or, as applicable, its assign(s) and successor(s) in interest or title, fail to obtain 2of10 Packet Pg. 1970 1.5.b Sko 283s3P0 72050 federal or state housing financial assistance and complete the construction as evidenced by issuance of a Certificate of Occupancy for all 46 units by the City of Marathon, any units which have not received a Certificate of Occupancy shall result in those allocations reverting to Monroe County and to their former status under the Agreement; no amendment to this Agreement is necessary or required to trigger this automatic reverter clause. Section 3. TERM: Subject to and upon the terms and conditions set forth herein, this Interlocal Agreement shall continue in force until one of the following occur: The project is not granted funding by FHFC LIHTC/WORKFORCE program in the FY 16-17 or FY 17-1 S competitive cycle; or The project does not complete construction and does not obtain Certificates of Occupancy for all 46 affordable housing units contemplated herein by December 31. 2019. All affordable housing units for which Certificates of Occupancy are issued prior to December 31, 2019 shall remain subject to this Interlocal Agreement irrespective of whether all 46 affordable housing units contemplated herein receive Certificates of Occupancy. Section 4. NOTIFICATION: The City of Marathon shall La Immediately notify Monroe County of any assignment(s) and successor(s) in interest or title to HTG Crystal Cove Resort, LLLP's interest(s) in the affordable housing ROGO allocation contemplated herein, and 0 Shall immediately notify Monroe County of any assignment(s) and successor($) in interest or title to the affordable housing ROGO allocations contemplated herein above at least thirty (30) business 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. The City of Marathon shall further provide prompt written notice to Monroe County ofthe extension. termination, or expiration of the aforesaid Conditional Use Permit for project contemplated herein. The City of Marathon shall further provide prompt written notice to Monroe County of the issuance of Certificates of Occupancy for the subject affordable housing units within thirty (30) business days after issuance of said Cer4ificates. All such notices under this Section ("Section 4.") shall be sent to the following addresses: Monroe County Administrator 1 100 Simonton Street, Key West. Ff.. 33040; and Monroe County Planning & Environmental Resources Department Attn. Senior Director Subject: City of Marathon Interlocal Agreement 2798 Overseas Highway, Marathon, Fl. 33050. and With a copy to: Monroe Countv Attorney's Office Attnt County Attorney Iof10 Packet Pg. 1971 1.5.b Doca 2109300 Bkp 2837 Pytt 2051 Subject: City of Marathon Interlocal Agreement P.O. Box 1026 Key West, FL 34,@, $ 33t�I Thomas D. Wright, Esq. Law Offices of Thomas D. Wright, Chartered 9711 Overseas Highway Marathon, FL 33050 Attorney for Property Owners Failure of the City of Marathon or HTO Crystal Cove Resort, LLLP or their assign(s) or successor(s) in interest or title, to perform any act required by this Interlocal Agreement shall neither impair nor limit the validity of this Agreement or limit its enforceability in any way. Section 5. CONSTRUCTION AND INTERPRETATION: The construction and interpretation of this Interlocal Agreement and Monroe County Code(s) provisions in arising from, related to, or in connection with this Agreement, shall be deferred in favor of Monroe County and such construction and interpretation shall be entitled to great weight on trial and on appeal. Section 6. NO WAIVER: Monroe County shall not be deemed to have waived any rights under this Interlocal Agreement unless such waiver has been expressly and specifically provided. Section 7. LIMITATION OF LIABILITY: In the event of any litigation related to, arising from, or in connection with this Interlocal Agreement, the parties hereto and Keys Affordable Development ill, LLC, and its assignees and successors -in -interest, hereby agree to expressly waive their right to a jury trial. Section 8. DUTY TO COOPERATE: When required to under this Interlocal Agreement, the City of Marathon and Keys Affordable Development, 111, LLC, and its assignees and successors - in -interest, shall, to ensure the implementation of the government purpose furthered by this Agreement, cooperate with Monroe County's reasonable requests, regarding the conditions and provisions contained herein. Section 9. 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 forany 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 10. NONDiSCRIMIINATION: 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 4 of 10 Packet Pg. 1972 1.5.b Bkp7 00Cp283P90 2002 (1) Title V1 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 3) U.S,C. s. 1975, as amended (42 U.S.C, ss. 6101-6107)), which prohibits discrimination on the basis of age; (4) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse: (5) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (6) The Public Health Service Act of 1912. ss. 523 and 527 (42 U.S.C. ss. 290 dd-3 and 290 ee(03). as amended, relating to confidentiality of alcohol and drug abuse patient records; (7) The Americans With Disabilities Act of 1990 (42 U.S.C, s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; (8) The Civil Rights Act of 1992 (Chapter 760, Florida Statutes, and Section 509.021, Florida Statutes), as may be amended From time to time, relating to non-discrimination; and (9) any other nondiscrimination provisions in any federal or state statutes or local ordinances which may apply to the parties to, or the subject matter of, this Agreement. Section 11, 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 12. 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 recoverthe full amount of such fee.commission, percentage, gift, or consideration. Section 13. 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 Inte local Agreement oradopted after thatdate. Section 14. INCONSISTENCY: If any item. condition, or obligation of this Agreement is in conflict with other items of this Agreement, the inconsistencies shall be construed so as to give meaning to those terms which limited the County's responsibility or I is b i t ity. Section 15. 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 5of10 Packet Pg. 1973 1.5.b Dec 2209300 Bkpp2837 Pqq 2053 conjunction with this Agreement. Section 16. NON -RR ANCE BY THIRD -PARTIES: Other than as stated herein, no person or entity shall be entitled to rely upon the teens, 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 tite 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 o f 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 17. NO PERSONAL LIABILITY: No covenant or agreement contained herein shall be deemed to bea covenant or agreement of any member, officer, agent or employee ofa 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 18. NOTICES: In addition to those communications and notice requirements set forth in Section 4. of this Agreement, all notices and other communications hereunder must be in writing and addressed as follows, or to any other address which either parry may designate to the other party by mail: Ifto Monroe County: Roman Gastesl, Jr., County Administrator Monroe County Historic Gato Building 1100 Simonton Street Key West, Florida 33040; and Planning & Environmental Resources Department Attn: Senior Director Subject: City of Marathon Interlocal Agreement 2799 Overseas Highway, Marathon, FL 33050; and With a copy to: Monroe County Attorney's Office Attn: Countv Attorney Subject: City of Marathon Interlocal Agreement P.O. Box 1026 Key West, FL _* 330 I Thomas D. Wright, Esq, Law Offices of Thomas D. Wright, Chartered 9711 Overseas Highway Marathon, FI. 33050 6 of 10 Packet Pg. 1974 1.5.b Sko 283783 0 2094 Attorney for Property Owners If to the City; City Manager 9805 Overseas Highway Marathon, Florida 33050 George Garrett, Planning Director 9805 Overseas Highway Marathon, Florida 33050 With a copy to: David Migut, Esquire City Attorney 9805 Overseas Highway Marathon, FL 33050 Thomas D. Wright Esq, Law Offices of Thomas D. Wright, Chartered 9711 Overseas Highway 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 ifsent by certified mail, return receipt requested, postage and fee 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. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions: If any condition or provision hereunder, or any portion thereof, is/are held to be invalid or unenforceable in or by any administrative hearing officer or court of competent jurisdiction, the invalidity or unenforceability of such condition(s) or provision(s) shall neither limit nor impair the operation, enforceability, or validity of any other condition or provision hereunder, or remaining portions thereof. All such other condition(s) or provision(s), or portions thereof, shall continue unimpaired in full force and effect. 7of10 Packet Pg. 1975 1.5.b Daep 2109300 SkM 2a37 P'dd 2055 Section 17. Captions and Paragraph Headings: Captions and paragraph headings, where used herein, are inserted for convenience only and are not intended to descriptively limit the scope and/or intent of the particular paragraph or text to which they refer. Section 18. Authority to Attest: Each party to this Interlocal Agreement represents and warrants to the other that the execution, delivery, and performance of this Agreement has been duly authorized by all necessary corporate and other organizational action, as required. Section 19. 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 20. 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 21. 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 authorz;O representative. ,CLERK By: Clerk a i� BOARD OF COUNTY COMM ISSION OF MONROE COUNTY, FLORIDA O/ Mayor v.GSFBe. Neugent Date: k0C,, .j A, j4 2."4 APPROVED AS TO FORM AND LEGAL SUFFICIENCY Assistant County Attorney A 1 1 : %T: 4 By: , DIANE CLAVER City Clerk 2 M ttRIOE t101rNwrY ATTORNgy FROV0 AS FORM: STF-VEN'r, WILLIAMS A33131ter —e t'Otl TYd A . Da,�, THE CITY OF MARATHON, FLORIDA 8 of 10 Packet Pg. 1976 1.5.b Doll 2109300 Bits 2837 PgM 2058 (City Sea]) APPROVED AS TO FORM AND LEGALITY FOR THE USE AND RELIANCE OF THE CITY OF MARATH0N,1'"'t.0t LEA ONLY: tL D vi C fig 0, I`�4 r�tq�::� re,� 901710 00, k". 0 STATE OF FLORIDA , COUNTY OF MONROE This copy to a True Copy of th Orlainmt 8n File In this Offlos, Witne to My, hand end Official, Soul And Mwt s erne to in full force and oftet This c„. A.D., alp. t EVIN MAOOK. CPA C cull Court 64Puty C rk..» Packet Pg. 1977 Docu 2 093010 OkIll 26J7 Pg# 2057 Ufi&"9091WMQP Lou Sand do(Thompson, and Alaw5ubdiviolonofdove rnmant Lot I, Section 10, Towaship 66 South, Rango 32 Eest which plat in tecorded in Fine Book 2, at (raga 24 of Ow Public Records of Mum Covwty, plodder. That puition of a 66-FooId&-of-wuyo(OldS= R(Shway4A.tVlogirmnadlatety South ofroti of Mo3paudanA AJAMIS"VivinAMCCOCCILILS in dw pliLtthereofreconiled In PLU Book 2, Pnoll.of die Public Racot& of Moncoe County, Floridd. Together with a pwcJ of bay bottom land in the Say offlorlda. North ol!ade4scaot to LM 5 of Thompson - Adams Subdivision. as (emded In Plat (soak 2, Pw 24 of the, Pubito R*coA of Monx-oa, County, Floida, Said Subeli0siort, also Wing lai pvzt of Govemmant Ut 1, sattifun 10, To tip 66 Suatli, Rnnga 32 Baot, and be more partiouluty dactibed by mars cutd bounds a follows: Commeming at diewtttosctatloa oCEnt fins of S"don 16, Township 66 South. Raugo 32 FAN. and the northwesterly d&-of-waylliaa *rOld State FVUh%iy No. 4A. Rearsouthweirtarlyalougilia noMwaserly ®o fins of Old Hi way No. 4A for a distaides or 134.09 feet Indic SouA corner ofsold Lai 3; theace heartforth along IbanaftlktaofLotS flor a distawsof88911 feet to the palaitofbet;[nning oftho pucal of bay bottom Ind Be oc desodftmaidpoint oftegiordN,conthrue hewing Nodhaltong the Not Una oMat 3, tutbandA (wad4U4mof220*w to apoint, thanza stinghtangles turd West ibris fort to 4polinton tbaWastlino of WS, oxtondadMorch. Wave bear South along the Wow UneorLat 1. uWadgdNaft ibradistance, of'Z70 &M. unora or less, to point on the Awcollac %L"we mamadev the altoce iv a ana tly and itafteutorlydIr"tion Mr a disunion ol'220 loct. more at less, bdak to the point ot'begfilainq, Tagothormth a poirool of bey bottam land to tho Day oMulds NOW% of and idjagant to tA)t 6 of Thoolpson and Ad4uns SubdWsiou as mrortict! to Plat OookZ, Page 24 of tho PWAIc tUcoid3 of Nfoonc Coixity, Vioddit, 4old iuWYWw1Al%Q W49 to 4 PUI, OfCOVA0011,0111 Ut I . $41dall W, Township 66 South, Fangs 32 Vae and baing more Partl err ody4olcrilmd by O)CK% IM bounds as th1lows; ("Fonutwo"Mag m tho intormotioa oedit, Nuixr., rtf tltoOtrlCofNfarxl v auw die wost tovwwavyot Ul to *Ad AxIonis SIAAM%ion Of(lovo-tunvmt (AA 1. Se4tjoa 66 South, Rsago Ruast as pdr viv awraielo Met 0042, POU6 N, Of who Public R400(ds 0040OWN Cooanty, FlontK %o and for dut poini o(bo$hIjung oftba Vmparty W ho &4cdb6d, RuA thoure Noah Mto the worollat than Owi of M0400 rov PA Wau"wo UCM fhol. lbz= At a dolt oriatt W, d Ew. to MUtuce ot 1 00A7 that it) a point; dttlWa At A fight =XWid,101011 hj ihd M,14, W»J, ate palat WI=W. ti tutamets dia Eowoffl NrOulary of told Lot 6. diouco attaggior jwd 1'e, a w � tiody direction to die potAt of I Packet Pg. 1978 1 Decal 2109300 UP 2837 1`901 2058 L4t& 1, wA2.DLBI=k plat dwroortgoor&A InPkt 2® Rod, a pe-glubdividott of Lot 7 and 9 ofMovapson nod Adonval SubdivisioW u WArded (n of Book X at Page M, oftha `eft of Monaco County, Man. Lots 9. 10, 11, 12 and D, Mook I, Yam VilgalptaSubdWan as tocoided in fttBQot2, Pap (04. of the Publio Racoode of Moutoo. County. Florida. & #ovovi ofbay hoftmo land iation 10. Townhip fid Soto. Range 32 East. Nodh dand 4acent to KDY Vamat dotal ibcd as: Commc Ming at the section @Grew contrutut to Sooklow % 3.1 and I I of Township do 3 oud% Room 32 East, timm Soulk Aisiq OA* svtivu line onnumon. ta Sloodeve I Q NW 14 163 t.62 star to tho Not On dy right of wsy (h to a f 014 Staln 11 ighway 4A, ax rodstins t* A '66.3 19A tbWW&UIh'74*2()`00" Was; 119.91 thocilonoWdNorthedy right ROM Ant. nWa Or We, to der WIML of Oulfo(Moxfo% the Paid of -ad-ins Raft loorgot, Moment lwq 9bomactaltadshianigicaudWsla, INN keg devanst a rightanglalandSouth. 123 Oak mrs of low. to the KFLW,L ofthm GultaftGWoo whole k1oftneatedge Wad Hda at dM CHanig. CoMas properideag Islas 9sx(aly eadNorlbeft dircolIM325fa; more at lon, to the Point ovaowoxdojf 00 c"I CD c"I r_ 0 0 U) tm M 4- 0 ttg t"A I Packet Pg. 1979 1 1.5.b Bk* 2037g3Pga 2@59 Sponsored by: Lindsey CITY OF MARATHON, FLORIDA RESOLUTION 2016-125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARATHON, FLORIDA, APPROVING MINOR REVISIONS TO THE INTERLOCAL BETWEEN MONROE COUNTY AND THE CITY OF MARATHON, APPROVED ORIGINALLY PURSUANT TO RESOLUTION 2016-104, TRANSFERRING AFFORDABLE HOUSING RESIDENTIAL ALLOCATIONS FOR A PROJECT KNOW AS HTG CRYSTAL COVE APPROVED BY THE CITY UNDER RESOLUTIONS 2016-71 & 2016-72; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Marathon (the "City") wishes to enter into an Inter -Local Agreement with Monroe County (the "County") for the purposes of Transferring affordable housing unit allocations; and WHEREAS, the Monroe County requested minor and non -substantive modifications to the ILA approved by the City pursuant to Resolution 20I6-104 and the City has made such minor modifications, WHEREAS, the Inter -Local Agreement with the County is in the best interest of Monroe County and the City of Marathon for the purposes of providing opportunities foraffordable housing, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARATHON, FLORIDA, THAT: Section 1. The above recitals are true and correct and incorporated herein. Section 2. The Revised Inter-locat Agreement (ILA) attached hereto as Exhibit "A", between Monroe County and the City of Marathon Transferring Affordable Housing Residential Allocations for a project known as HTG Crystal Cove. (Resolutions 2016-71 & 2016-72 provided as Exhibits "B" & "C") is hereby approved. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF MARATHON, FLORIDA, THIS 13a' DAY OF DECEMBER, 2016. THE CITY OF MARATHON, FLORIDA Packet Pg. 1980 1.5.b D*cP 2109300 Bktl 2837 Pg* 2060 AYES: NOES: ABSENT: ABSTAIN: Diane Clavier, City Clerk (City Seal) b: Packet Pg. 1981 1.5.b BkN Cill 2109300 7 3Pg# 2061 y i' 1 f� ♦ : M � i Y �: ` I I lllil II " f IIIIf 14 ' I lllflf fl � " 1fllif. f :If) II�1 it I �l! IIII�II. ;[ 111' 1 11 ' # ' w ■' � * fi r r,, w n II' IRIM* reviewedWHEREAS, City staff Applicant's Conditional the City's Level of on day of of Planning Commission (the "Commission") conducted a properly advertised public hearing (the "Public Hearings") regarding f w w... by the Applicant, ! tt,.': P"TSuant to Chapter 102, Article. WHEREAS, and on the 23`1 day of August, 2016 and the 13* clay of September, 2016, the e wLLOCjl"� cjjdijte4 ri w f . f NO ��r. 1 `qU f' i, �..If i ! n.t VrSC tonnif ti' apte. f WHEREAS;Applicant's qo: Conditional Use Permit,subject., of '' and with Conditionsimposed, w was in Packet Pg. 1982 X ppark interest. is ctwis Is wm I'vid I a's po I icy m C11cmirage the n.,.devc Io rnwill vit I in the Ukv of`i\4avr.atwn and cw d I ltwthcr q I %, I rca It I I. sIfl'k`� IN ;. nd v(I d'Urc (11, the r,.,.Sidcms n I' Vhl I -ad w n � .,I I Id WHIEREAS, the purpose of'dic Coaditicinnl Uw Pen-114 is Lo 'Mmy 1,61, Ile imegnmon ol, cia-mi a fand use,,., and sP ruc I urcs wA &iin the 0y c) [Wlarathon, based on conditions irnposcd by [he Councd- Rcvnr isbased priwaT0 v On co I n pwilliMv LA'dic use with ils I ocdt I' on and a0t I I SUrV0LIAd61Q 1,01d USCS and ou, t I ie has is of arli Y'onim!, sul:xfivisim-u and ot I iurordinancus appl icah I k. W d'10pro¢cap7cr e pocation alA xcrrriir s chmric .. NOW, THEREFORE, BE IT RESOLVE-D ICY THE CITY COUNCI L OF THE Cul-N. OFMARATKONN, FLORIDA, THAT� Section 1. Mle Llbow U rcciufl-, are rrue and corruct ratio incorporaled Seoiopw 2, 1 he CiI� C(.)uuH hcrch, upproves DevQ1opmem, Ordor 2.016-07, a of which Is almehic.c.] herew ars I-xhibil url..Ilting' '.I c,ondiflonal Lk w Purmil to V1 [C Cr.ymacove Roar r L L L L, P—Su bct to the Coa(] it i ol s imposed &� clopmem ordcr on Sec6(pim 3 This rusAltionshall tilk� immediatel , y upon it-s ado[mion by the 0�,� (11' klaraihon in as rcvk..'%� Mid ar)[-:Irkwal by 6he Dq4muncnt of, [,'conomic Oppor(unio, pwSumit to Charcers 163 PASSED AM) APPROVIPD by the tat the div CA"Maralhon, Hori(JA� this 01", day of'September, 20 16, THU CITY OF IMARATTION, FLORIDA . . ......... . .. Mark Seninartin, Mayor AYFS. Ziety, Bamis, Kelk Coldiron. Semnartin N 0 RS I Now A �] S E VV: None ABSTAIN Nonc Di a i e C a e c, C i (A c ric (Cky SuD � "r 1; 1 ': " I ,, 'm .,) j I Packet Pg. 1983 1 as 2109300 BkN 2837 PSM 2063 APPRC.)VE0 AS TO FORM AND LFCALITY FORTIM USE AND RVAAANCE OFTHE CITY OF MARAT11ON, FLORIDA ONLY. r)wCil �ici miguL w Alhwlwl, 11 1 " I s 11 1� I , I Packet Pg. 1984 1 1.5.b 0#628379 P94 2064 liCITY OF MARATHON, FLORIDA CONDITIONAL USE p DEVELOPMENT ORDER # 2016-07 A DEVELOPMENT ORDERAPPROVING A REQUEST BY RTC CRYSTAL COVE RESORT, LLLP FOR A CONDITIONAL USE PERMIT PURSUANT TO CHAPTER 102, ARTICLES 13 OF THE CITY OF MARATHON LAND DEVELOPMENT REGULATIONS (LDRS) ENTITLED "CONDITIONAL USE PERMTrS," AUTHORIZING THE DEVELOPMENT OF ATWENTY- EIGHT (28) UNIT RV PARK, FORTY-SIX AFFORDABLE HOUSING UNITS, AND 7,700 SQUARE FEET OF COMMERCIAL RETAIL ON PROPERTIES LOCATED AT AND ADJACENT TO 4900 OVERSEAS WCHWAY; REAL ESTATE NUMBERS 00327150-000000, OU327910-000000, 00327920-000000, 00327990-00000, 00328000-000000, 00328010-000000, 00328020-000000, AND 00328030-000000. NEAREST MILE MARKER 50 WHEREAS, HTO Crystal Cove, LLLP„ (The "Applicant") filed an Application on June 30, 2016 for a Conditional Use Permit acid Development Agreement pursuant to Chapter 102, Articles 13 of the City of Marathon Land Development Regulations (LDRs); and WHEREAS; the Applicant proposes to develop twenty-eight (28) RV, forty-six (46) workforce and affordable housing residential units, and 7,700 square feet of commercial space; and WHEREAS, City staff reviewed the Applicant's request for a Conditional Use Permit determining that the Applicant's project proposal was in compliance with the City's Comprehensive Plan and Land Development Regulations (LDRs) and further that there was no substantial impact on the City's Level of Service (LOS); and WHEREAS, on the 15" day of august, 2015, the City of Marathon Planning Commission (the "Commission") conducted a properly advertised public hearing (the "Public Hearings") regarding the request submitted by the Applicant, for a Conditional Use Permit pursuant to Chapter 102, Article 13 of the LDRs; and WHEREAS, and on the 23`d day of August, 2016 and the 13" day of September, 20t6, the City Council (the "Council") conducted properly advertised public hearings (the "Public Hearings') regarding the request submitted by the Applicant, for a Conditional Use Permit pursuant to Chapter 102, Article 13 of the LDRs; and WHEREAS; the City Council made a determination that the Applicant's request for a Conditional Use Permit, subject to the terms of the LDRs and with Conditions imposed, was in Compliance with the City's Comprehensive Plan and LDRs and further, that the approval is in the public interest, is consistent with its policyto encourage the redevelopment of properties within the City of Marathon and will further the health, safety and welfare of the residents of Marathon; and r. Packet Pg. 1985 1.5.b Doca 210 300 NO 2837 P li 2065 WHEREAS, the purpose of the Conditional Use Permit is to allow for the integration of certain land uses and structures within the City of Marathon, based on conditions imposed by the Council. Review is based primarily on compatibility of the use with its proposed location and with surrounding land uses and on the basis of all zoning, subdivision and other ordinances applicableto the proposed location and zoning district, f+lt S,PEXACk 1, The applicant will a develop twenty-eight (23) unit RV park, forty-six (46) workforce and affordable housing units, and 7,700 square feet of Commercial Floor Area, and accessory structures as may be appropriate (See Attached Site Plan as Attachment 1), In accordance with Scction 102.77 of the Code, the Commission and Council considered and determined the Applicant met the following criteria: a, The proposed use is consistent with the Comprehensive Plan and LDRs; b. The proposed use is compatible with the existing land use pattern and future uses designated by the Comprehensive Plan; e. The proposed use shall not adversely affect the health, safety, and welfare of die public; and d, The proposed conditional use mini mizes environmental impacts, including but not limited to water, air, stormwater management, wildlife, vegetation, wetlands, and the natural functioning of the environment; and e. Satisfactory provisions and arrangements have been made concerning the following matters, where applicable: 1. Ingress and egress to the property and proposed structures thereon with particular reference to automotive, bicycle, and pedestrian safety and convenience, traffic flow and control and access in case office or catastrophe; 2, Off-street parking and loading areas where required, with particular attention to item 1 above; 3. The noise, glare or odor effects of the conditional use on surrounding properties; 4. Refuse and service areas, with particular reference to location, screening and Items 1 and 2 above; S. Utilities, with reference to location and availability; 6. Screening and buffering with reference to type, dimensions and character; 7. Signs, if any, and proposed exterior lighting with reference to glare, traffic safety and compatibility with surrounding properties; Packet Pg. 1986 DocK 2109300 BkN 2837 PgR 2066 9. Required yards and other open space; 9, General compatibility with surrounding properties; and 10NOITIONS P 0 �jS J� �_)- Granting approval of the Application is subject to the following conditions: L iqqs q(Appno va i . 1. A final lighting plan must be submitted prior to permit issuance. 2. A final landscape plan must be submitted prior to permit issuance. 3. Dumpsters are to be screened per code. 4. All conditions of the Fire Marshall must be met prior to permit issuance. 5. Where the project boundary buffer is reduced, thicker landscaping and screening is required. 6. Additional screening is to be created along the canal facing RV tots. The criteria established in Section 107.66 F shaft be applied to this area with the additional height needed to screen headlights. 7. All signs will be reviewed and approved for compliance with the City of Marathon LDR's. 8. Each RV site shaft comply with all hurricane evacuation requirements set forth. for City transient uses, 9. Existing entitlements include thirty (30) transient residential units (TRUs), one (1) market rate residential unit, and 1,633 square feetof commercial square footage. These entitlement shall be utilized to complete the project as approved. The approval of this Development Agreement does not convey or grant a vested right or entitlement to future allocations of affordable residential units by the City for the forty-six (46) affordable residential units referenced and approved in this Development Agreement, Such allocations shall be made at a Future date consistent with the comprehensive plan amendments and LDR amendments. It is the intent of the applicant, with the support of the City, to seek the necessary affordable residential unit allocations through and Inter -local Agreement transferring the units from Monroe County to the City of Marathon, 10. Dwelling units shall contain less than or equal to 1,800 square feet of habitable space. Occupancy of affordable housing units is limited to those meeting the following income requirements: a. Very-low-inconie, A household, whose income (excluding that of full-time students under 18 years of age) does not exceed 50 percent of the median adjusted gross annual income for households within the county; b. Low-income. A household, whose income (excluding that of full-time, students Under 18 years of age) does not exceed 80 percent of the median adjusted gross annual income for households within the county; c. Median -income, A household, whose income (excluding that of full-time students under 18 years of age) does not exceed 100 percent of the median adjusted gross annual income for households within the county; Crysol Cove -.,UDA 2016 I Packet Pg. 1987 1 i Moderate-incorne. A household, whose income (excluding that of full-time students under 18 years of age) does not exceed 120 percent of the median adjusted gross annual income for households within the county; e. Middle -income, A household, whose income (excluding that of full-time students under t8 years of age) does not exceed 160 percent of the median adjusted gross annual income within the county; 11. The monthly rent shafi not exceed 30 percent of that amount which represents the income bracket of the household, Le., very low, low, median, moderate or middle, divided by 12. In no case shall the monthly rent cxceed 160 percent of the median adjusted gross annual income for households within the county, divided by 11 its designee, shall be limited to rental and employee housing dwelling units. Income vcrification forowner occupied dwellings shall be performed and approved bythe Cityorits designee prior to the sales closing and occupancy of the dwelling unit. 13, For any community workforce units the fo[lowing requirements shall be met: a, Affordable housing criteria set forth in above and Chapter I 10 "Definitions", b, Shall be permanently deed -restricted as affordable; c. Shall be restricted to occupancy to households that derive at least 70 percent of their household income from gainful employment in Monroe County; d. Shall be restricted to occupancy for 28 consecutive days or longer-, e. Shall not be used for vacation rental use, and f. Shall not be sold separately as a condominium, 1111111111�'Iq I W . , - provides adequate privacy and the size shall be two -tenths (2/10) cof unit floor area or minimum of 60 square feet in size. 16. The patio area may be wholly or partially replaced by the provision of a recreation yard provided on site. Recreational yards shall be a minimum one -tenth (1/10) of unit floor area. 17, TAe ievehig,er ;r*d tke City—sk-01 eiter ba+ ar f lgreeikkerit xAick 9.1a -Wit6imik promulgates a requirement that necessary workforce housing units, pursuantto Chapter 104 Article 1, Section 104.25 and the City's Zoning in Progress concerning affordable housing, be complete prior to the Certificate of Occupancy fcr all RV units, In the alternative, the will accept a bond for the value or tfie units or an irrevocable letter of credit which shall only be released If completion of the required units. 18, For RV lots I - 10: The owner has agreed to locate an opaque fe nce no less than 42" h igh, and buffered on the canal side by landscaping suitable to the City of Marathon, The location of CrystWG!ove CUDA M16 I Packet Pg. 1988 1 1.5.b k2837DocM 93P9 206 the fence sections will extend for twelve feet (12') on the canal front sides of The lot to be located in front of the RV parking to shield headlights from shining across the canal. 19. An emergency gate entry/exit gate is allowed for emergency vehicle access at the northeast comer of the project site for entry/exit to and from 5 Yh Street. This gate shall be continuous secured except to allow emergency vehicic access. The use of the gate for general or routine access of owners or patrons of the RV or affordable housing project elements is prohibited. Crystal Cove CUDA 2015 Packet Pg. 1989 1.5.b ocp 2103 kp 2®37 P00 26 rho tapplWnt Worm ami nclanowl r{gc,s Quoit mum c:crrt oy bajI call cbt`w ft`Y ins rx W ccxmlism's herein, and a I I l.rlcIVClUircrcmxEsfMe0qmalthurgave =nt.cntrnlragend supphccah:ktra thL, use cnh` he 11rorierty In tt xc) r:chincc �vik to Cok. the CuurncO may revoke thk atppn vtnl upon a damPCt(Pt;1. An WUL OW Ap'%p3IJc IM (W hS !��U cKJssm or de"s lgrlae ray ill non-cnmp ha n(.'L! WVitia Ihis 1Zk'SW l k"l ur (0r e 1'Qia1mv N (:K.ipru:r"c rtn the tr:nVt`,e and tia)IrditiitiP'n of app..Nroyal con mrHad 1wrin is H wurkauiam orwe We and p,ea°rroons Ica ind t ie)luttiuug tioc �°omf dons �fl,mll 1% surh""jcu6 (o Cltc ptrrrrsslti�5 r?B�G='�6;rrt17 d tha'�Xeb,. .. BU Ou.l uupnOsI rinc o1110%ew !Indings r?F Nrcr. rh.c 4.` crud» clLms hcrreby ni ake die Y'pmlIoainm Cckrh.lW.r;«Yme of fan%.: 1. `➢Tutu; Application hs been l_mumd I wcdrrzbnceu with to aspnp hcaNe par°c.r6siums a.al` ho Cod .rand t it l not be cleirrknenI ak to rh e c orran"etarIily ,,,is a r-hole: rnrrel '. In rwrrulWO9 W ulMiSin M US r`u:Cu,u,r. d inn U6'® Inc SOILrtion, the Crnul.na.il ham (ab :,-%Ccurrl:Icj p1uY9ciidur-,d due p'at'uwcc�sa�: Qfty libnn"d clot: cymtir.tp r°cqWwr'neru a.W&C on. icy tcd its ukL Simi fa} rnaWulnuirul rc:ctmpecten Wde nve CrofAvcusW and 3,. The Aprpaluu;mitsur Rw H L-rWdo nurl r.asc is hereby GEC d4.NI ED subject to die tiaauta luiirrr5 :tpn�coll�r.l he av a rt. ,: F '.a.IVI; This developutnertt order shall r:lot 1a,Ike efi"W llor thirty (30) tkia s hail ln" ing Ow dWe his h' Qd aaaith Clue City Clerk, and dtrri g rNt thou the awdiulrttrl um uu"u.Q:rr,;.nl tWaonr.0 d Ina rtrt swn be a.;w.rweet t.G appaataal as provieluul in OW Chy G.'aza.E An uslptptu;tul wfttt.lk mr; th.w c;l'Iua'k nns or tlhs davlatiptunu.rtt, ordo, until said u.Ipfl enl is aLsolved t Pow S oN�,� Jllowe a k rlr��u � ru � C u hltr;� I��r��u��i�r�p,�uruu„°r�rt r"ro��r,.Cc�;r� a � .k rw.0 rlPt�, J � v w '� Iatu1M uuaL,r.Ptr•w �fl�a� �,rk ptlr�,A a Diane Cla%On 0tvM("mN rk Packet Pg. 1990 1.5.b Doch 2109300 6kK 2937 Ppk 2070 Under tlic auratl-iorir� ot' S"tion I of tht: Cir cal'M2anitlaov Land (X) '%cItr1'uCro ew Reguila iiofts, thi order sh014 Fva;ccrMC Mffl tijMt VOW W'�ith no I*uil'flter lit tire. vequ.tared bN the arsAese i a himine Ciccttsc ltrt^ro Ea c:rt i rmi.rc�°cl ('t'�a° tlta., rr caw' ,a �canrf�l Q'a.r C�aai.l�irar= �c°uu�1iG trlfq"rlic�-mion 6or site prq--mrctsiota and tvictt rk!vi Qd platy, as required h,.n. w.. kr suhratituLd to khe 4 4.' r:rf :.Ma ratladrua Building t.yl`fic:ial ta°itlruo onk,a f I li°G:rrra dh', (AMC 0(CG114li60IIUi o,NC (sr flat; date igloo fait: i tlarwaemrtr..Or Cr:zaaaM Lfflily Ak'P.i°rurw rt•,,rko its atppez! at.nd all required cedillictttcs of t:rcctrllaar'tcVtuN I)I.°€.aeaINLI VO(II r,laae: f Y t'arar:m o�P.'t.kr.G° rla�t� of dais devolloprw ru order is atfrlarw't:d by the Oty ('rrauraciil. In addition. I'blcl.ge be a6'1Y[wd ci'm 'I°sal,r5wim Po C"I'IEaper "M-1. Florida Adtilknrmriaive C. odo' rhis in;utrcrment Shall Plot. Lake (A'I'ecA For Cum Bite ( -,i cltays 6619tywiwg tluu reuaclihon to the Florida DcparYlal�,tlt AYTitrr Du.r.rim-, tltatl da..vs. Ill Florida I)CPa.rtiliciv of1l":collomic (..)pporfunitt iroay gipcal this instrumcW ¢gip truer Flclriciau &...rand and Water.trljazclic°irCaai°�' �"uvr�tullfii�src_�rr. and tll.ar' such an aG"spcM salty s Dll,vw r ffca c Ii�vr.a ess (It, dIi;g iatstr•taraaealt ImItiI t I w Wa1-r1 aal k resoIa Oct h aig CEI,Z.TIFK'A l°. OF SERVICE r,rue .and cco rccl Qopy rou aiuQtNtru t Q.�aacl, 9afra'cuing Rcs saskulvra avas itm-fish d, via I xr°tifictl mail, Ilda 1r.rl °'tad^ 'L �w. �r a r Diane Clavier Citt Clergy _,'i r,,,",, ir^,,j)g 10 Packet Pg. 1991 (L# 4UOWPUOWV-gt,-OAO:) je;sAj:)—uoo4;ejeW Om V-11) SZ-6W uoi;nloseN uoq;ejeW do A;!o :;uewqoe;;V 4 Oil I iu Hs,; 5 C14 CD CD 1.5.b kp00c�283093POO 2072 Sponsored b4°c 1.[ndsev CITY OF MARATHON, FLORIDA RESOLUTION 2016-72 A RESOLUTION OF THE CITY COUNCIL OF TIIE CITY OF MARATHON, APPROVING A REQUEST BY HTG CRYSTAL COVE RESORT, LL.LP FOR A DEVELOPMENT AGREEMENT PURSUANT TO CHAPTER 102, ARTICLES 8 OF THE CITY OF MARATHON LAND DEVELOPMENT REGULATIONS (LD S) ENTITLED e6DEVELOPMEN'r AGREEMENT," Al`THORIZING THE DEVELOPMENT OF .' TWENT.'- F.IGHT (28) UNIT RV PARK, FORTY-SIX AFFORDABLE HOUSING UNITS, AND 7,700 SQUARE FEET OF COMMERCIAL RETAIL ON PROPERTIES LOCATED AT ;AND ADJACENT TO 4900 OVERSEAS HIGHWAY; REAL ESTATE ti(,v113ERS00327IS0-00i)00(I,M)327`)10-000(1(1(), 00327920-000000, 00327990-000000, 00328000-000000, 00328010-000(l00, 00328020-000000, AND 00328030-000000- NEAREs,r MII,E MARKER SO VVHEItEr\ti, hITG Ctvstaf Cove. 0 he -Applicant") tiled an Application oil Atne X 2016 for a Conditional Use Permit and Development Agreement pursuant to Chapter 102.:Anicles 13 of the City- of klarathon Land Development Regulations (LDRsl: and WHEREAS; the :Applicant proposes cc, develop twenty-eiOg it (28) RV, forty-six (46) lvorkf6rcr and affordable housinu residential units, and 7,700 SgtlarC feet of conlmerclal space: and WHEREAS, City staff' reviewed the -Appliemit-s request f"or a Development Agrclment determining that the Applicant S project proposal Was in compliance with the City`s Comprehensive Plait and Land Development Regulations ([.D)Rsl and further that there was no suhstantitil impact ore the City's Level ot'Sere ice (LOS): and WHEREAS, on the 131" day o'Au(gt„(, 201 K the City of Marathon Planning COVIItllititiitln (the -Commission") conducted a propt;d adtetiised public hearing (the -Public Hearings") regarding the request submitted by the rAppl icant, fora Development rAgretement purst.tllit to 1. Ilallter 102, Article 8 ofthe LDRs; and WHERE.AS, and on the 2 I'd day ofAllgust, 20 [6 and the 13" clay of Si ptcniber. 2016. the City Council (the •`Counci [") conducted properly advertised public hearings ( the ``Public Hearing"') rej;ardinL the rrduest submitted by the Applicant, for it Development Agrcimenl pUrsllF1111 tit Chapter 102, article 8 of the LDRs: and WHEREAS; the City Council made a dQ[errninatimi that the .Applicarit'ti request fora Development Ag?recme111. Suhjcct to (he terms of the LDRs and with C 011ditiallS imposed, tans in Cotlipliaticc with thr C'tt.'s C wllprt:hC1191vi' Plan and LI)Rs Mid IUt°ill@I thilt the ill111rU4a1 is in the public interest, is consistent n ith its policy to eneourage the redevelopment of.'prnperties within [he City ofMarathon and +gill further the health. safety and welfare of°the residents ofMara'.hon: and Packet Pg. 1993 1.5.b P p2837�3P90 2073 WHEREAS, the purpose of the Ccmdilional lsse Permit is to allow fir the integration of certain land uses and seruetures %vithin the Cite of Marathon. based on conditions imposed by the Council, Review is based primarily on compatibility of the use with its proposed location and %vith surrounding land uses and on the basis ofatI zoning, subdivision and other ordinances applicalife to the proposed location and zoning district. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIIE CITY OF MARATHON, FLORIDA, THAT: Section 1. The above recitals arc true and correct and incorporated herein, Section 2. 'The City Council herehy approves the Development Agreement, attached hereto as"Exhibit A," Section 3. This resolution shall take eFlcct immediately upon its adoption by the Cityol' Marathon and after review and approval by the Department of Economic Opportunity pw•suant to Chapters 163 and 380. Flor iclir ,titu/�rres. PASSED AND APPROVED by the CiteCouncd ofthe city of Marathon, Florida, this 13`1' day of September, "M 16, THE CITY OF NIARATHON, FLORIDA Mark Senmartin�Mayor AYES: Ziea, Bartus. Coidiron. Kell. Senmartin NOES: None ABSENT; done ABSTAIN: None Diane Clavier, City Clerk (City Sea[) Packet Pg. 1994 1.5.b Bk# 283793Pg* 2074 APPROVED AS TO FORM AND LEGALrrY FORTHC USE AND RELIANCE OF THE CITY OF MARATHON, FLORIDA ONLY: David Mi w. (." ¢w Attvti o Packet Pg. 1995 1.5.b Doep 2109300 Bkq 2837 Pyp 2075 EXHIBIT A DEVELOPMENT AGREEMENT E Packet Pg. 1996 1.5.b B00 ka 28DIIII 3793Pg# 2076 DocN 2100183 akU 2826 P9d 1951 RE Nos. 00327150-000000, 00327910-000000, 00327920-000000, 00327990-000000, 00328000-000000, 00328010-000000, 00328020-D00000, AND 00328030-000000 (Space Reserved for Recording) Development Agreement for HTG Crystal Cove Re:ioit, LLLP Marathon, Florida This Development Agreement ("Ag edntent") is entered into by and between the City of Marathon, a Florida Municipal Corporation (herein referred to as'City"), and 1•fl'GCrystal Cove Rcson, LLLP, a Florida limited liability limited partnership, whose address is 3225 Aviation Avenue, Suite 602, Coconut Grove, Florida 33133 (herein referred to as "Owner"), pursuant to Chapter 107 Article. S of the Land Development Regulations of the City of Marathon, and the Florida Local Government Development Agreement Act, Sections 163.3220-163.3243, Florida Statutes, and is binding on the effective date as set forth herein. WiTN JSSETti: WHERE^ 0%%ner owns real property located in Marathon, Florida, described in Exhibit "A" hereto, which is the location of HTG Crystal Cove Resort LLLP and its proposed redevelopment; and WHEREAS, said HTG Crystal Cove Resort LLLP hold ontidements to thirty-four (34) transient residential units, one (1) market rate residential units, and 1,633 square feet of commercial space; and WHEREAS, the real property described in Exhibit"I" is designated on the City's !Future Land Use Map (FLUM) as Mixed Use Commercial (M1_f-C), and is zoned as Mixed Use (MU). which land use deli gnation and zoning allow the property to be used for transient rentals; and WHEREAS, Owner desires to develop twenty-eight (28) RV sites and amenities in art RV Park, forty-six (46) workforce and affordable housing residential units. and 7,700 square feet of commercial development; and WHEREAS, the City's afTordable homing requirement for transient uses, as set out in Section 104.25 of the City of Marathon Land Development Regulations requires that new transient development provide affordable housing in an amount equal to 20% of the square footage of new transient development. and WHEREAS, the -Marathon Planning Comrnission held a public hearing on the LIP day of August, 2016, to consider this agreement. and recommended appreval of this agreement; and Packet Pg. 1997 1.5.b Bkap283793Pgp 2077 fir, Doe$2100183 Bko 2826 Pgo 1952 WHEREAS, the City Council of Marathon held public hearings on the 23rd day of August and 131" day of September, 2016, to consider this Agreement; and WHEREAS, the City has determined that this Agreement is in the public interest, is consistent with its policy to encourage the redevelopment of hotels and motels in Marathon, and will further the health, safety and welfare of the residents of Marathon. NOW, THEREFORE, in consideration of the mutual pnirnises and undertakings contained herein, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as Follows: t_ RECITALS. The foregoing recitals are a part of this Agreement on which the parties have relied and are incutpordted into this Agreement by reference. lit. PURPOSES OF AGREEMENT. The purposes of this Agreement are as Follows; To re -develop the HTG Crystal Cove Resort 1.11P site to include the development of twenty- eight (28) RV sites, forty-six (46) workforce and affordable housing residential units, and up to 7,700 square tees of commercial area, said Property noted in Exhibit A, consistent with the City of Marathon's Comprehensive Plan and Objective 1-3.4 of the City of Manithon's Comprehensive Platt. IIlf. Definitions. For the purposes of this Agreement, all terms shali have the definitions as found in the City of tilarathon's Land Development Regulations, Comprehensive Plan and in Chapter 163, Florida Statutes, or in other applicable Florida Statutes, end if not defined in the Code, Flan, or Statute, the tenn shall be understood by its usual and customary meaning. IV. Statutory and Code Requirements. The Parties recognize the binding effect of the Florida Local Government Development Agreement Act, Sections 163-3221, et seq., Florida Statutes, as to the form and content cf this Agreement and in accordance therewith set forth and agree to the following: A ��,aS��c�f" "rip dtrtd f��tt�f&a. IITO Crystal Cove Resort LLLP is the Owncr of the Property identii'od by Real Estatc Numhz.s 00327150-000000,00327910-000000,00327920-000000,00327990-000000,00328000-000000, 00328010-OOOOOO, 00328020.000000, and 003280in-000000 which are the Properties the 60362CC40 2 Packet Pg. 1998 1.5.b Dc cp 2109.300 Oka 2837 NO 2078 DoeM 2100183 H 2826 Pgo 1933 subject of this Agreement, as described in Exhibit 2. Improvement Location aad Boundary Survey. At time of development, there will be no tither legal or equitable owners of the subject property known to the parties to this Agreement. B. L)Iga ' rt of A Mreesmt,�emC. The Owner shall have a period of one I1) year from the Effective Date of this Agreement to obtain the first building permit for the RV Park site and three (3) years from the Effective Date of this Agreement to obtain the first permit for the workforce and affordable housing component of the project. All Certificates of Occupancy and/or Final Inspections for structures on the Property as shown on the Site Plan shall be obtained with seven (7) year~. This Agreement may be renewed or extended as provided herein. If the Owner has not complied with the terms of this section, this Agreement may be subject to termination as provided herein. C. eguni4qd:.9, 1. The Development permitted on the Property shall consist of those uses set forth herein, as identified (in the conceptual site plan attached hereto as Exhibit 3, and incorporated herein by reference. The permitted uses are as follows: i. Twenty-eight (28) RV Park RV sites ii. Forty-six (46) workforce and affordable housing residential units; and iii. 7,700 square feet of commercial development. iv. Requirement to provide worktorce housing pursuant to Section 104.25 A. of the LDRs, 2. Existing entitlements include thirty-four (34) transient residential units (TRUs), one (1) market rate tesidcatial unit, and 1.633 square feet of commercial square footage. These entidcmcnt shall be utilized to comptete the project as approved. The approval of this Development Agreement does not convey or grant a vested right or entitlement to future allocations of affordable residential units by the City for the forty-six (46) affordable residential units referenced and approved in this Development Agreement. Such allocations shall be made at a future date consistent with the comprehensive plan amendments and LDR amendments, It is the intent of the applicant, with the support of the City, to seek the necessary affordable residential unit allocations through and Inter -local Agreement transferring the units from Monroe County to the City of Marathon. 3_ For the duration of this Agreement, the Parties agree that any and all of the approved development shall adhere to, conform to, and be controlled by this Agreement, the Exhibits attached hereto aind incorporated by reference, the LDRs and the Comprehensive Plan governing the de'eluprnent LW the subject pioperty on the Effective Date of this Agreement. In the event that all or a portion of the existing or authorized development subject to this Agreement should TAL 451,479,3324 7-30.0a OC302004C 2 Packet Pg. 1999 1.5.b Bktt 2837 P90 2079 Ooop 2100183 NO 2820 P90 1954 be destroyed by stone, tire or other disaster, the Owner, it's grantees, successors, or assigns shall have the absolute right to rebuild or repair the affected structure(s) and reinitiate the prior approved use so long as such development is in compliance with this Agreement. 4. Through this Development Agreement and the approval of Resolution 2016-71 which provides a Conditional Use Permit for the project, the Developer agrees to ail Conditions approved in the Conditional Use Permit. 5. Pursuant to this Development Agreement the Owner agrees that that required workforce housing units, pursuant to Chapter 104 ikrUcle 1, Section 104.25 and the City's Zoning in Progress concerning affordable hot►sing, shall be complete prior to the Curtifcate of Occupancy for all RV units. In the alternative, the City %Nzll accept a bond for the value or the units or an irrevocable letter of credit which shall only be released upon completion of the required units. 6. The following documents arc attached hereto and incorporated by reference, showing the Property Boundary and Existing and Proposed Uses: Exhibit 1: Warranty Deed Exhibit 2: Site Survey Exhibit 3: Conceptual Site Plan as approved herein and pursuant to the City's approval of a Conditions) Use Permit 7. Maximum Building Height shall be thirty-seven (37) feet, as provided in Future Land Use Element Policy 1-3.2.5 in the City's Comprehensive Plan and as defined by the WK% 8. The Owner shall execute and record in the public records of Monroe County a Declaration of Covenants and Restrictions in a form acceptable to the City ensuring that all Transient Units on the property comply with Hurricane Evacuation Requirements set forth in Policy 1-2 2.1 of the Future Land Use Element of City's Comprehensive Flan, in effect or as amended. 1). P %bi g1'v0J:t. 1. The Florida Keys Aqueduct Authority provides domestic potable water.. 2. Electric Service is provided by the Florida keys )electric Co-op. 3. Solid Waste Service is pruvided by Marathon Garbage Service. 4. Owner Shall provide wastewater and sewage collection and disposal by expanding its current connection to the City. 5. Educational Facilities. The redevelopment of transient use as coatempiated by this Agreement 603626W 2 Packet Pg. 2000 1.5.b Doen 2109300 Bklt 2637 Pg# 2080 coca 2106,83 will not impact education facilities. Bka 2826 Pate 1955 6. Recreational Facilities. The Property includes onsite recreational facilities for visitors and guests of the property. 'Therefore, redevelopment of the property will have no impact on public recreation facilities. 7. Stormwater. A Stormwater Management System which meets all applicable local, state and federal requirements shall be constnicted onsite as part of the Site Redevelopment. This system will retain. detain, and treat Stonnwater on the Property and therefore wil I provide a substantial benefit to water quality in the area. There shall be no direct discharge to the City of Marathon Nearshore Waters. 8. Any increased impacts on Public I-acilities or Public Services atuibutable to each unit of the development, and the cost of capital improvement to meet the associated increased demand on such facilities or services, shall be assured by payment to the City, concurrent with the issuance of the building permits for each unit, of any City of Marathon Impact Fees required by the ordinance then in effect, as well as by payment by owner of any applicable utility system Development Fees. fn addition, Owner agrees to be subject to any reasonable impact fee ordinance adopted by the City within twenty -Four (24) months after the Effective Date of the Agreement, providing such ordinance applies equally and uniformly to all redevelopment in Marathon. 9. Fire Protection. The Owner shall provide fire hydrants and other such fire protection facilities as required by the Life Safety Code administered by the City Fire Department. Fire sprinklers will be installed as rcquired by City Code, L ',AiuO It ya t iat ' a.t itt,,. The following is a list of all Development Permits approved or needed to be approved for the redevelopment of the Property as specifier) and requested in this Agreement: 1. This Development Agreement. 2_ Conditional Use Approval, 3. The Final Site Plan, Landscape Plan, Drainage Plan, Building Elevations and Floor Plan approvals. 4. Building and related construction permits for all structures utilized for principal use or accessory use, land clearing, and landscaping. At any time any building permit is applied Cor, Owner shall demonstrate compliance with all applicable Federal, State and Municipal Disabled -access Regulations in effect at the time of application. N4 451,479,33Zj2 J-JOOO 60U26040 2 Packet Pg. 2001 1.5.b iCp28309300 92081 oar ztealaa US 2526 P94 IT56 5. Federal, State, Regional, and Local Permits for Stormwater runoff. Nothing in this Agreement shall preclude the parties from applying additional conditions, by mutual agreement, during Find Site Plan review or permitting. F. EW.4.t1 " f lai*M:'y By Entering into this Agreement, the City finds that the redevelopment permitted or proposed herein is consistent with and furthers the Comprehensive Plan (as defined herein), applicable LDRs and the Principles for Guiding Development set forth at Section 380.0533(7), Florida Statutes. The Parties acknowtedge that there exist on the Property: Transient Units- 30 units Single Family Dwellings: 1 Market [fate Residential Units Corrunereial Flour Area: 1,633 Sq. Ft. The parties anticipate that Owner may resctvc or dedicate land for public purposes in connection with the Redevelopment, but is currently unaware of the specifics of such reservations) or dedication(s). Reservations and dedications for pubtic purposes in connection with this Agreement may be requested by the City's Comprehensive Plan and City Code. Such reservations or rededicatioas may include_ by way of example, easements necessary for llte provision of stormwater, utility, and wastewater services to the Property. I. Mutual rl,. City and Owner agree to cooperate fully and assist each other in the performance of the provisions of this Agreement. I 8��„,ya c'�7�'�l*sr� r(""r�rrllp��_w�r�q�,i�,�r�ar�._`?i�.4,y_^lsr� ,t9sm�ra;�t^�e� �'(t;t.�..tr::`� k'a•��rg " , the redevelopment shrill be developed in accordance with all required permits and in accordance with all applicable provisions o, the City's Comprehensive Plan and Land Development Regulations in effect on the effective date of this Agreement. No Certificate of Occupancy for an individual building shall be issued until all plans for that building are approved by the City and Owner has complied with all conditions in permits issued by the City and the other regufawry entities for that building. The City agrees that any per snits or certificates of occupancy to be issued by the City shall not be unreasonably -aMeld or delayed. rAL 45f.479.332v2 r-30-0e 60-626Ja0 2 Packet Pg. 2002 1.5.b IS 301i3 M' BkM 2837 is,ptt 2082 poem 2100M 8 p 2926 P90 1957 K. C4 ttp i�rt 5 it' 5.. t31lbS T" arts 41'lt l r t t, l �lll i per! l i�� "" LkIt . The failure of this Agreement to address a particular permit, condition, term, or restriction shall not relieve Owner of the necessity of complying with ttte law governing said permitting requirements, conditions, terms, orrmtrictions. L. s--Q9y' 11 1. For the duration of this Agreement, all approved development of the Property shall comply with and be controlled by this Agreement and provisions of the City's Comprehensive Plan and City Code in effect on the date of execution of this Agreement, inclusive of text changes and rezoning approved by the City Council on the date of the City's approval of this Agreement, if miy- The parties do nut anticipate that the City wilt apply subsequently adopted laws and policies to the Property, except as expressly provided in this Agreement. 2. Pursuant to Section 163.3233, Florida Statutes, the City may apply subsequently adopted laws and policies to the Property only if the City holds a public hearing ijrul determines that'. i. The new laws and policies are not in conflict with the laws and policies governing the Agreement and do not prevent development or'the land uses, intensities, or densities set forth in this Agreement; ii. The new laws and policies are essential to the public health, safety, or welfare, and the City expressly states that they shall apply to the development that is subject to this ,agreement; iii. The City dcrnonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement: or iv. The Agreement is based on substantially inaccurate information supplied by Owner. Provided. however, nothing in this Agreement shall prohibit the parties from mutually agreeing to apply subsequently adopted laws to the Property, 3- If sate or federal laws enacted after the Effective Date of this Agreement preclude any party's complimice with the terms cif this Agreement, it shall be modified as necessary to comply with the relevant slate or Fcderal laws. However, this Agreement shall not he construed to waive or abrogate any rights that may vest pursuant to common law. M. Apier4 tllpttt„Rctlt W-AW Rummawyn,. This Agreement may be amended, renewed, or terminated as follows; 1. As provided in Section 163.3237, Florida Statutes, this Agreement may be amended by rrttitual consent of the parties to this Agreement or by their succcssony in interest. Amendment rAL 451, afi9.332v2 7-30-08 t03026040.2 Packet Pg. 2003 1.5.b DocO 2109300 —7k Bkp 2837 Pats 2083 Dod1 2180183 Bka 2826 Pyt 1958 under this provision shrill be accatnplished by an instrument in writing signed by the parties or their successors. 2. As provided in Section 163.3237, Florida Statutes, this Agreement may be renewed by the mutual consent of the parties, subject to the public hearing requirement in Section 163,3225, Florida Statutes; and applicable LDFis. The City shall conduct at least two (2) public hearings, one of which may be held by the local planning agency at the option of the City. Notice of intent to consider reaewal of the Agreement shall be advertised approximately fifteen (15) days before each public hearing in a newspaper of general circulation and readership in Marathon, and shall be mailed to all affected property owners before the first public hearing. The day, time, and place at which the second public hearing will be held shall be annottmeed at the first public hearing_ The notice shall specify the location of the land subject to the Agreement, the development uses on the Property, the population densities, and the building intensities and height and shall speci fy a place where a copy of the Agreement can be obtained. 3. This Agreertient may be terminated by Owner or its successor(s) in interest following a breach of this Agreement by the City upon written notice to the City as provided in this Agreement. 4. Pursuant ro Section 1633235, Florida Statutes, this Agreement may be revoked or modified by the City if, on the basis of substantial competent evidence, the City finds there has been a failure by Owner to comply with the terms of thi3 Agreement. S. This Agrccirrtent Wray he terminated by mutual consent of the parties. N. �Bt a t„ (u I axt 131 l fgvvi y I. I _ If the City concludes that there has been a material breach in this Agreement by Owner, prior to revoking this Agreement, the City shall serve written notice on Owner identifying the Merin or condition the City contends has been materially breached and providing Uw•tter with ninety (90) days from the date of receipt of the notice to cure the breech or negotiate an amendment to this Agreement. Each of the following events shall be considered a material breach of thix Agreement: (i) failure to comply with the provisions of this Agreement; (ii) Failure to comply frith terms acid conditions of permits issued by the City or other regulatory entity for the development authorized by this Agreement. 2. If Owner concludes that there has been a material breach in the terms of this Agreement by the City, Owner shall serve written notice on the City identifying the term or condition Owner contends has been materially breached slid piovidint2 the City with ninety (90) days from the date of receipt of the notice to cure the breach, or negotiate an amendment to this Agreement. The following events shall be considered a material breach of this Agreement: (i) Failure to comply with the pro•,isions of this Agreement; nac a51,.7933207-3048 60626040,2 Packet Pg. 2004 1.5.b Bk# V*cn283093 h 2084 Ooen 2200183 BkN 2820 Pon 1959 (ii) Failure to timely process any application for Site Plan approval or other development authorized by this Agreement, 3, If tidier party waives a materiel hreach in this Agreement, such a waiver shall not be deemed a waiver of any subsequent breach. 4. Notwithstanding any other provisions of this Development Agreement to the conmry, neither party hereto shall be deemed to be in default under this Devetaprnent Agreement where delay in the construction. or performance of the obligations imposed by this Development Agreement are caused by war, revolution, labor strikes, lockouts, riots, floods, earthquakes, tires, casualties, acts of God, goverrunerrlal restrictions, embargoes, litigation (excluding litigation between the City and the Owner), tornadoes, hurricanes, tropical storms or other severe weather events, or any other causes beyond the control of such party. The time of performance hereunder, as well as the teen of this Development Agreement, shall be extended for the period of any forced delays or delays caused or resulting trom any of the foregoing causes_ The Owner must submit evidence to the City's reasonable satisfaction of any such delay. O. " s- All notices, demands, requests, or replies provided for or permitted by this Agreement, including notification of a change of address, shall be in writing to the addressees identified below, and may be deliverers by anyone of the following methods- (a) by personal delivery; (b) by deposit with the United States Postal Services as certified or registered mail, return receipt requested, postage prepaid: or (c) by deposit with an overnight express delivery service with a signed receipt required, Notice shall be effective upon receipt. The addresses and telephone numbers of tho parties are as follows: TO OWtiER- HTG Crystal Cove Resort IL LP 3225 Aviation Avenue, Suite 602 Coconut Grove, Florida 33133 With a copy- by regutar U.S. Mail to-. Thomas D Wright Florida Board Certified heal Estate Attornepy 971I Overseas Highway Marathon, Florida 33050 TO THE CITY; City manager City of Marathon 9805 Overseas Highway 4L.rathon, 'Florida 33050 (305) 743-00j3 TAL 431,479,3320 7-30-08 6o9626WO.2 Packet Pg. 2005 1.5.b B 829378 n 2085 4 � UK 2829 Pqu 1960 With a copy by regular U.S. Mad to; City ,attorney City of Marathon 9805 Overseas Highway Marathon, Florida 33050 (305) 743-0033 £", �rrr7icr 11.�trFrarl^. On each mniversary date of the Effective Date of this Agreement, Owner shall provide the City with a repurt identifying (a) the amottnt of development authorized by this Agreement that has been completed, (b) the amount of development authwrized by this Agreement that remains to be completed, aad (c) any changes to the plan of development that have occurred during the one (1) year period from the Effective Date of this Agreement or from the date of the last Annual Report. Q I rl icctn t. In accordance with Section 163.3243, Florida Statutes, any pw-ty to this Agreement, any aggrizved or adversely affected person as defined in Section 163.3215(21. Florida Statutes, or the State Land Planning Agency may file an action for injunctive relief in the Circuit Court of Monroe County, Florida, to enforce the terms of. this Agreement or to challenge the compliame of this Agreement with the provisions of Section 163.3220-163.3243, Florida Statutes. R, Bkoing Effect. This Agreement shall be binding upon the parties hereto, their successors in interest, heirs, assigns, and personal representatives. S. 'jgnl;mmt. This Agreement may not be assigned without the written, consent of the parties, which consent shall not be unreasonably withheld. T Praia . o(", ltt,... t A, The parties acknowledge that they jointly participated in the drafting of this Agreement and that ao term or provision of this Agreement shall be construed in favor of or against either party based solely on the drafting of the Agreement 11 "raR1i.lit-N, Ir the event any -provision, paragraph or scuien of this Agreement is detcuained to be invalid or unenforceable by a cone of competent jtuisdiction, such determination shall not affect the i AL 461,479,3324 r-30-08 603626040.2 Packet Pg. 2006 1.5.b BkpDOCp283793P94 2086 need 2100183 Oka 2826 Pg* 1961 enforceability or validity of the remaining provisions of this Agreement. 5i• ;P1I,litlltk• This Agreement was drafted and delivered in the State of Florida and shall be construed and enforced in accordance with the laws of the State of Florida. W. rstti ,tgrt',tttrrll . IJ rue"�W�'rt,`ltIl:t4V%°III.• As between the City and Owner, is the event of any litigation arising uut of this Agreement, the prevailing party shall be entitled to recover all reasonable costs incuTred with respect to such litigation, including reasonable attorney's Pecs. This includes, but is not limited to, reira.bursement for reasonable Won, ey's fees and costs incurred with respect to any appellate, bankruptcy, post -judgment, or trial proceedings related to this Agreement. Venue for any legal proceeding arising out of this Agreement shall be in (Monroe County, Florida. THE PARTIES TO THIS AGREEMEN1' WAIVE THE RIGHT TO A JURY TRIAL IN ANY LITIGATION ARISTNG OUT OF THIS AGREEMENT. K I�,,i L51LI lll,tr ttlii, ,!Lltkat- Where the context regtiims, the singular includes the plural. and plural includes, the singular Y. l�lll!jlbm?le l ,ic l '&}IYrNt "'dtta r�s This Agreement may be executed in any number of originals and in counterparts, all of which evidence one agreement. Only one original is required to be produced for any purpose. z. Yetis. The headings contained in this Agreornent are for identification purposes only and shall not be construed to amend, modily, or alter the terms of this Ag•eemmit. AA.11lit I�t"� wrrall, This Agreement incorporates or supersedes all prior negotiations, correspondence, conversdtians, agreements, or understandings regarding the matters contained hetein. The parties agree that there are no commitments. agreements, or understandings concerning the subjects covered by this Agreement that are not contained in or incorporated into this document and, accordingly, no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether written or oral_ This Agreement contains the entire and exclusive understanding and agreement among the parties and may not be modified in any manner except by an instrument in writing signed by the parties. - TAL 451,479,3324 7-30.08 5M6Z604C.2 Packet Pg. 2007 1.5.b �D.,N 21093ea 8ka 2837 Pall 2087 DocM 2100183 Sk# 2826 P90 1962 BB. (tlr :Cry 81. The Owner shall record this Agreement in the public records of Monroe County, Florida. within rourteen (14) days after the date the last parry signs this Agreement. A copy of the rdearded Agreement showing the date, page and book where recorded shall be submitted to the State Land Planning Agency at the Department of Community Affairs, Division of Community Planning, 2555 Shumard Oak Boulevard, Tallahassee FL 32399-2100 by hand delivery or registered or certified United States mail, or by a delivery service that provides a signed receipt showing the date of delivery, within fourteen (14) days after the Agreement is recorded and received by the Owner or his agents, Owner shall also provide a copy of the recorded Agreement to the City at 9805 Overseas Highway, Marathon, Florida 33050, within the game time period. This Agreement shall become effective thirty (30) days after the date the State Land Planning Agency receives i:s copy pursuant to Section 163.3239,,Florida Statutes QC _(?ate of ik-grgemcn . The Cate of this Agreement is the date the (List party signs and acknowledges this Agreement. IN WITNESS W `lF-REOF, the parties hereto have set their hands and seals on the day and year below written. Signed, sealed, and delivered in the presence of: WITNESSE& OWNER " HTG Crystal Cove Resort LLL.P, A Florida Limited Liability Limited l'annerslrip rC lit n d S By: HTG Crystal Cove Resort GP, LLC, A Florida limited Liability Cotnpany murr n Name of witness (printed or typed) IV$ Sale 0-niciart Fannec t natm me Name: Bandy Rieger r` Name of witness (printed or typed) Title: Authorized Person STATE- Of FLORIDA COUNTY OF MONROE The following instrument was acknowledged before me on this , _ day orho , Lt) itw„ v ltt Wt , %mg,a% as Authorized Person of HTG Crystal Carve Resort GQ. LLC, "hta°r( rratrr rtr lwrro n at¢t r or who produced _ W and who did/did not take an oath t:tr Pull a„a n le of Ftorsrlrj At Large Nty Cal �1 umsrtrtacxptres rA 40f 479,332w4 r-20.05 nowzam 2 !!�i► Puhl+c OIMr d FbAd4 tirMtt Pardo ^tl y11 Ff liieoa '91 l�.waentna�ra /2� Al Packet Pg. 2008 1.5.b 0004 2109300 lk O'cau 21 OL03 OkIl 2,821PSN 1963 On the 13" day of September, 2U16, The City Couticil of the City of Marathon approved this Agreement by Resolution No_ 216-72 ATMT CITY uF NLARATRON City Cleric Mark SenmFutin, . ayor • Ila r , � a a• � a• a� r r r: TAL Of 679.3324 7-3G.00 Gouzem z Packet Pg. 2009 SkM 2837 PgN 2089 cO 2109300 Docs 2822IMP153 DkU 6 un 1964 rat 45i,479.332v2 7-36-08 a0382804a 2 E-11 I Packet Pg. 2010 1 OOb 2109300 Oks 2837 '1*9413 2090 p �17 ffmfflm� Docll 21OO183 SkW 2626 Pall 1965 South, X*op 32 gut winch pwe towoW N% Ple Book I at Pop 24 aidia P01fo Kcaurti, of momiroo rodaity, IA JAI& t.41 3 'A st 04 2,1`4 1 de'llia Vow Income 4(VAVQM CMIY. Fwds, tend iwta 14 %bAvpsxps, is rwxidid WPNAj 9ack ), Pap 24 if tho POW; Rwntiis of Make" cooAly'SorldAll $AN AtAivOkm 400 t*W 14 4 oul wl fiawoannuAAt Lot l„Sulbm 0, l4watehip 60 South, Pmp It FWI, untl tieing mcarc pbWcu!wly 44vtibacl by malve and 6iiinicill as rellawc 10"row alAIP46SONA %Ap"32 611, And*wwo(rW1%wKs)omsyW 4A, 3oal *oidhwWtdY gong 64 n QsIhwq 1404 iy 64114, 0 (.WvA,y lotto ofo,w sbid jjlovwsy Now lot loa 4 adem" at 7K 00 feel is"I tla Soto hout aitw of im A Lot % eJoi her b*0% AWg Gas Rae i thin of Ls $ W 4 9atawwaA Of 3$9,71r4cc to alas want aaf baaggnragtsg orcho p"O of figeo aquotat tiiiij hwvjvsAar OiiaMbccl4 boo 1814 P0100 0 f b�o fallin M 4104140HO WIW*g With *0# U FAA GJ" OfY.Of A, 4AMI&A (01`41*01*00 Ww for a4wenosoflAt; (04,00 1 pointo"Ito WV41, HAV O(lul J6 iiitw1*4 Nonti, thsm bw Soul" 4411; 4%, W014 ITno of Lot) a oxftosid Wtwdi, (ova Iflttimoa of:,70 &;X, ajlw (2 w fcj a, w A faint gin Ito abisrOlInk dKWA mouda 60 Ow"I WA A A, t1whorly sod jhw4iols tat I 4MIkowtoo of au beginning. "rop that wll4 poxci 0(64y, bolton IM4, (Aft DAY lif MIMS IGLOO 4 Of rownskIp 16 soatkIlApIto.12 colt gad klog mom partikwWy bovA* 44 of ilic, 04lat Maxim 11114 ±bo Wro WuAdWY of LAN 6,11' aield'nhompaqu awl Ailwal0dilvilitOi, of0vV41ftwit Us Na 3volans 10, row"W046 $a* As per p%tIhAW*jrA Plild))WAK4 Pop 24, 4014 to vu(bod Rum h* 04A do ow I not rhO WAWA Of 1111 (lill 00%44 IkAl to I 41runim of 121 rlwa, Woo I, t1i dAW1,1000 sad "444 %4 a d ItRame of 10 D. V) foot to a pilm; OvotIva, 4 A Ilght Ing Gaii 3w4i to *A M,KW L, " 9 Po I'm W*4 is lwlsnuig, Lho Mijiom ljoundogy'If 0044 LiI 6a thwwa, ft"Ander toid X44 W,.,, fn . woosllv direction V the point of beginning, rAL 43t,09.332v2 7-JO-06 603628040.2 MINME COUNTY OFFICIRL RECORDS MONROE COUNTY OFFICIAL RECORDS—* E.A. I Packet Pg. 2011 1 1.5.b Sponsored by: Lindsey 1 '1 1 1 1" •'• 1 ''� ' :'; II I I4I I 11 ''I IIFI4I II ' IIIIII II '''I 1IIF1I II �I I IIIIII I,I I I IIIlF1 II �F 4 11IFI1 1 1L 11 I II1'11I , 19 .1; 1104 WHEREAS, On or about December Of 2016, the City of Marathon and Monroe County entered into an Interlocal Agreement (ILA) transferring forty-six (46) affordable housing residential dwelling units to the City to be utilized in a project in the ownership of HTG Crystal Cove, LLC; and WHEREAS, the ILA provided a "reverter clause" and a term which specified that: "Section 3. TERM: Subject to and upon the terms and conditions set forth herein, this Interlocal Agreement shall continue in force until one of the following occur: The project is not granted funding by FHFC LIHTC/WORKFORCE program in the FYI 6-17 or FY 17-18 competitive cycle; or The project does not complete construction and does not obtain Certificates of Occupancy for all 46 affordable housing units contemplated herein by December 31, 2019. All affordable housing units for which Certificates of Occupancy are issued prior to December 31, 2019 shall remain subject to this Interlocal Agreement irrespective of whether all 46 affordable housing units contemplated herein receive Certificates of Occupancy." WHEREAS, subject project did not request FHFC LIHTC/WORKFORCE housing funding in the 2016-2017 competitive cycle, but did in the following cycle and did not qualify; and WHEREAS, the City and the project owner remain resolute in the approved project as an FHFC LIHTC/WORKFORCE and wish to assure that it may continue to apply in future grant cycles; and WHEREAS, further, with the impacts of Hurricane Irma in Marathon and on the Florida Keys in general, the imperative need for additional workforce housing is at a crisis level; and Packet Pg. 2012 1.5.b WHEREAS, the City requests that the term specified in Section 3 of the ILA be extended to include the remainder of the 2018-2019 competitive cycle and extend through the physical year of 2020. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARATHON, FLORIDA, THAT: Section 1. The above recitals are true and correct and incorporated herein, Section 2. The City requests that the term specified in Section 3 of the ILA be extended to include the remainder of the 2018-2019 competitive cycle and extend through the physical year of 2020. Section 3. The City Clerk shall forward a certified copy of this Resolution to appropriate individuals at Monroe County, Florida, the Florida Department of Economic Opportunity, the Florida Housing Finance Corporation, the Florida Task Force on Affordable Housing, and the Executive Offices of the Governor. Section 4. Effective Date. This Resolution shall become effective immediately upon its adoption. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF MARATHON, FLORIDA, THIS 12TH DAY OF DECEMBER, 2017. THE CITY OF MARATHON, FLORIDA Michelle Coldiron, Mayor AYES: Bartus, Cook, Senmartin, Zieg, Coldiron NOES: None ABSENT: None ABSTAIN: None ATTEST: L Diane Clavier, .�.City ..Clerk .....� w�.��_............................................................ (City Seal) APPROVED AS TO FORM AND LEGALITY FOR THE USE AND RELIANCE OF THE CITY OF MARA � ° ON, FLORIDA ONLY: David" Migut, City tlorM y Packet Pg. 2013 Docti 2109,300 02/0312017 3 � 1. IPM 0000 2.109300 "a torn & Raoorda,0 in WIA6iol Records of AkN 2837 PON 2040 "ONROE COUNTY 10'VtN M(1000( IIK11�1:11%N' M N AN. 1) 141 V CAL "A I 121�KAJMXN DiAMUMN �IAWD-MiL L", J.H&ri— Phis AW-eernent ("Agireement") is madeand entered into this L9!ny of Deceirnber, 2016 by and between Monroe County,a pollfic;0 skibdivlslon ofthe State of Florida. wtwse address is I 100 Simonton Street, Key West, Horida 3-30401 ("County"), and the City of Marathon, a municipal corpii)ration r..)f the S%ate of Florida, whose addT,ess, is98 05 Overseas I fighway, Manathon, Ronda 33050 (the "City"'). WHEREAS, Monroe Couimy and the City of Manathon recognize the value o'regiovlall parhierships hin smail.. growth; and WHERIFAS, Policy 10 LI 15 ofdie Year 2010 Mcnroe County ComprehenAve 11tan afllows Rate of Girowffi Ordinance building pernift Vocadons (hw-Onaftcr "affordable housing ROGO afteations" or "aflbrdaWe 110(30s") fbr affordabe housing projects w be pooled and traosferred between loca!i governirrient Jurisdiutions witifin the Florida Keys Area of (xiticA Concem, if accornpFshed thMLIgh an into doc:al agreemem between the sendiiig, and receiv%ng pocal governments; and WHEREAS, Chapter Vve (5) ofthe 0ty Comprehensive Ilan idenUfies goals, ob,jectives and pofi6es to provide 1br dev0opirrient pisirsuant to intergovenimental coordination and fimeflocal agreements. avid WHEREAS, Monroe Counly and the City oflWainathon hzove previw.Wy cinzered latter In.r.edocal Agreements to transfeir aftbrdRble ROGOs: and WHEREAS, Monroe Counly and the City of Marathon recugnr ze the poterAial ecogro6c value ofsucli transferable affordable ROGO allocations; and WHEREAS, thls Agreeimcat is ememd into pursuant to I"Iorida Statutes, Seedon 163,01, eff NEV. II lodda Intertocag Cooperadon Act. of 069, which states,• "Ift is the purpose or this section to permit local governrnenW units to inake the most effleient cruse of their powers by enablins their" to cooperate with othcr lOcaB ities on a bask of inutwil advanvage and thereby to proAde services and faefliwies hw as rnanner and pursuant to forms aC goveoinnenW organization that wffl accord best vviffi geograpfik, ccorvorn, popi0ation, and odier fhetors influcnc;ing the needs and deyelopwenorlocal comrnuroub""a and WHEREAS, V-w counprehensive plains of'Monroe County and tine City of Marathon expressly iderifify 4itedocal agreements as a means of' resoMng issues knutually affed.ing their inspcadve JuriqjicNonsu arid I of' lO I Packet Pg. 2014 1 Docil 2109300 Bk* 2837 P9N 2049 WHEREAS, the State of'Florida Housing Finance Corporation (FHFC) Low Income Housing Tax Credits (LIHTC) application deadline is January 6, 2017; and WHEREAS, FITG Crystal Cove Resort, LLLP a Florida Ilimited liability firnitod partnarship and or their assigns wM be an applicant for FHFC LIHTC/ WORKFORCE funding for Forty-six (46) affordable housing units (hereinafter referred to as "project") expected to be ranked and approved by the spring of 2017 (l,c., between March 20, 2017, and May 1. 2017). with closing on the project expected to occur by the fall of 20,17 (li,e,, between September 22. 20 l 7. and December 20, 2017); mid WHEREAS, IF TG Crystal Cove Resort, LLLP has received City of Marathon. approval of a Conditional Use Permit by Resolution 20l6-7i for a project that inciudes 46 affordable housing/workforcc housing units pertaining to the following site: WHE.REAS, the parties have determined that this Agreement is in the best interests of the public and the public health, safety, and welfare, INFO W„THERE FORE, the parties hereto agree as Fol.lows- Section 1. TRANSFIM: The 1parties agree to permit the transfer of up to 46 affordable housing ROGO allocations, comprised of Tewnty-three(23) low-income category, three (3) very -low income category, and twenty (20) moderate affordable housing ROGO allocations, from Monroe County to the City of Marathon for allocation, pursuant to this Agreement and sukject to the conditions contained herein, including but not limited to: HTG Crystal Cove Resort, LLLP, or its assignee, constructing and obtaining a Certificate of Occupancy for all ot." the affordable housing units, situated upon the subject property described herein, related to the transferred affordable housing ROGO allocations subject of this Interlocal Agrccrnem, 1prior to December 31, 2019; and The recording of a 99 year Affordable Housing Deed Restriction on all of the affordable housing units contemplated herein, in accordance with this Agreement, and in accordance with the applicable requirements of the Code of Ordinances, City of Marathon, Florida. and similar requirements of the Florida Building Code (FBC).. Section L ASSIGNMENT: Monroe County has assigned Its rights to the affordable housing ROGO allocation contemplated herein to the City. and the 46 affordable housing ROGO allocations are to be issued by the City to be used specifically by HTG Crystal Cove Resort, LLLP ', or its successor or assign, at the development in Marathon known as "Cirystall Cove on 4900 Overseas Highway, Marathon!' (Legal Description attached as Fxhibit "A"). In the event the subject project or, as apphccabie. HTG Crystal Cove Resort, LLLP, or, as applicable, its assign(s) and successor(s) in interest or title, fail to obtain I Packet Pg. 2015 1 Doc# 2109300 BkN 2837 P94 20-M NMI reverting to Monroe County and to their former status under the Agreement', no amendment to this Agreement is necessary or required to trigger this automatic reverter clause. Section 3. TERM: Subject to and upon the terms and conditions set forth herein, this Interlocal Agreement shall continue in fiame until one of the following oQcur-. The project is not granted funding by FHFC LIHTC/WORKFORCE program in the FY16-17 or FY 17-18 competitive cycle, or for all 46 affordable housing units contemplated herein by December 31, 2019All affordable housing units for which Certificates of Occupancy are issued prior to December 31, 2019 shall remain subject to this Interlocal Agreement irrespective of whether all 46 affordable housing units contemplated herein receive Certificates or Occupancy. County of any assignment(s) and successor(s) in interest or title to HTG Crystal Cove and Shal[ immediately notify Monroe County of any assignment(s) and successor($) in Service Certified mail to the Monroe County Planning & Environmental Resources Senior conternplated herein. The City of Marathon shall further provide prompt written notice to Monroe County or the issuance of Certificates of Occupancy for the subject affordable housing unitswithin thirty (30) business days afte-r issuance of said Certificates. Allsuch notices under this Section ("Section VI) shall be sent to the following addresses� Monroe County Administrator 1100 Simonton Street, Key West, Ff., 33040; and Monroe County Planning & Environnrienial Resources Department Attu: Senior Director Subject. City of Marathon Interlocal Agreement 2798 Overseas Highway, Marathon, Fl, 33050and With a copy to: Monroe County Attorney®s Ortice Attn, County Attorney I Packet Pg. 2016 1 Doe ll 2109300 Oki$ 2a37 PgN 2051 Subject- City of Marathon Interlocal Agreement P.0, Box 1026 Key West, FL 3444fr-,33N I Thomas D. Wright, Esq. Law Offices of Thomas D. Wright, Chartered 9711 Overseas Highway Marathon, FL 33050 Attorney for Property Owners Failure of the City of Marathon or HTO Crystal Cove Resort, LLLP or their assign(s) or successor(s) in interest or title, to perborrn any act required by this Interlocal Agreemc nt shall neither impair nor limit the validity of this Agreement (it limit its enforceability in any way. Section 5. CONSTRUCTION AND INTERPRETATION-. The construction and interpretation of this Interlocal Agreement and Monroe County Code(s) provisions in arising from, related to, or in connection with this Agreement, shall be deferred in favor of Monroe County and such construction and interpretation shall be entitled to great weight on trial and on appeal. Section 6. NO WAIVER- Monroe County shall not be deemed to have waived any rights under this Interlocal Agreement unless such waiver has been expressly and specifically provided. Section 7. LIMITATION CIF' LIABILITY: In the event of any litigation related to, arising from, or in connection with this Interlocal Agreement, the parties hereto and Keys Affordable Development Ili, LLC, and Its assignees and successors -in -interest, hereby agree to expressly waive their right to ajury trial. Section 8. DUTY TO COOPERATE: When required to under this Interlocal Agreement, the City of Marathon and Keys Affordable Development, Ill, LLC, and its assignees and successors - in -interest, shall, to ensure the implementation of the government purpose furthered by this Agreement, cooperate with Monroe County's reasonable requests, regarding the conditions and provisions contained herein, Section 9. 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 forany dispute arising under this Agreement shall be in the Sixteenth Judicial Circuit in amid for Monroe County, Florida. Ira the event of any litigation. the prevading party is entitled to a reasonable attorney's fee and costs.'This Agreement is -not subject to arbitration. Section 10. NONDISCRIMINATION: Tile 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 I Packet Pg. 2017 1 1.5.c 00CU 2109300 IBlM 2837 P0 2052 (1 ) "fide, Vf of the Civil Rights Act of 19Ca4 (RL. 88-.352) which prohibits da`scriA-nination on the basis of race, color, or national ori.gimo (2) Section 504 of the Rehabilitation A.ct of 1973, as amended 3) Uh &Cs s. 1975. as amended (42 U.S.C, •ss. 6101-6107)p, which prohibits discrimination tart the basis of age; (4) The Drug Abuse Office and. Treatment Act of 1972 (PI. 92-255), as aarnendcd, relating to rwndiscrirnimatio on the basins of drug abuse, (5)The Comprehensive A.lc(ihol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (.l`,l— 9l-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (Ca) The PuNic Health Service Act of 1912. ss. 522 and 527 (42 U.S,Ca is. 290 dd-3 and 290 ee(03), as amended, relating to corrode nflality of alcohol and drug abuse patient records; ("P) The Antericarn,s With Disabilities Act of 1990 (42 t.i.&C. S. 1201 Note), as may be amended from, time to time, relating to nondiscrimination can the basis ofdisabiliityp (8) The Cuvlt Rights Act of 1992 (Chapter 760, Florida Statutes, and section 509.021, Florida Statutes), as may be amended from time to time, relating to nape-dt,scrin tination; and (9) any other nondiscrimination provisions in any federal or state statutes or Ilocnal ordinances which may apply to the parties to, or the subject matter of, this Agreements Section 1111, CODE OF ETHICS., The parties agree that theiir officers and employees recognize and will be required to comply with the standards of conduct relta6ng to public, officar.s and cm- plloyees as demhirnuated in Sections 112,313, Florida Statutes regarding, but not limited to, solicitation or acceptance cif gifts; doing business with one's agency; unauthorized compensation; misuse ofpubllc position,, conflicting ernployment or contractual relationship; and disclosure or use of certain im.lbrm atiorn. Section 1.2, NO SOLICITATll(➢NMA.Yt ENT. The parties warrant that, in respect to itself, it has neither employed nor retained any company or person, anther than a bonaa, fade employee working stalely for it, to solicit or secure this Agreenneunt and that k leas snot been paid or agreed to pay any person, company, corporation. individuals, or firn7.„ other than a bona fide employee working .solely for it, any fee, commission, percentage, gift, or either consideration contingent upon or resulting from the award or making of this Agreement. For the breach of violation of this provision„ each panty agrees that the other party shall have the right to terminate this Agreement without liability and, at its discretion, to offset from irno uies ovved, or otherwise recover the fuull amount ofsuch fee. corrinnissiion„ percentage, gift, or consideration. Section .1.3. SUBORDINATION: This Agreement is sauborcilnaaate to the laws and regi,dation,s of the United StatesandtheStateofl°lorida,whnetherimeffecturn,comm'aencementofthislnit,., Agreement ora.dopt:ed after that date, Section 14. INCONSISTENCY: CY: if any items condition. or obEgation of this Agreement is in conflict with outer items of this Agreement. the ircnecaaaasistencies shall be construed •sat as to give meaning to those terms which linarited the C:ouunty`s responsibiNy or I is b i 1 ity Section 15, PUBLIC ACCESS TO RECORDS. The parties shall allow and pernrnit onombers of the public reasonable access to, and inspection of, all documents, papea°s, letters or other materials sualbJect to the provisions ofChapaterr 119, Florida Statutes, and made or received by the parties in Packet Pg. 2018 DeciN 2209300 Bku 2837 P99 2053 conjunction with this Agreement, Sectioial6,NON-RE4LtANCEB'YTHIRD-PARTIESv Other than as stated herein, no person or entity shall be entitled to rely upon the terms, or arty of them, of this Agreement tea enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the patties agree that neither the County nor the City. or any agent, officer., or employee of each shall have the authority to infonn, counsel, or otherwise indicate that any particular individual or group or individuals, entity oar 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 17, NO PERSONAL, LIABILITY: No covenant or agreement contained herein shall be deemed to be: acovenant cragreementofany member, officer, agent or employee of8party 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 ofthe execution of this Agreemeril. Section 18. NOTICES. In addition to those communications and notice requirements set forth in Section 4, of this A V?eement, a0 notices and other communications heTeunJer must be in writing and addressed as Fohows., or to any other address which either party may designate to the other party by mail; Ifto Monroe County; Roman Gastesi, Jr,, County Administrator Monroe County Historic Gato Building 1100 Simonton Street Key West, Florida 33040; and Planning & Environmental Resources Department Attn, Senior Director Subject- City of Marathon Interlocall Agreement 2799 Overseas Highway, Marathon, FL 33050; and Monroe County Attorney's Office Attn: County Attorney Subject City of Marathon Interlocal Agreement PA Box 1026 Key 'West, FL 34&4,&J,3 0 Thomas D, Wright, Esq, Law Offices of Thornas D. Wright, Chartered 9711 Overseas Highway Marathon, Ff. 33050 am I Packet Pg. 2019 1 Doc* 2109300 71W 2837 PON 20114 City Manager 9805 Overseas Highway Marathon, Florida 33050 Pklklc�vjw"U 9805 Overseas Highway Ma,rathon, Florida 33050 With a copy to: David Migut, Esquire City Attorney W,rTXUaWR7--1k*7Wr-LM, PMR-11015 9711 Overseas Highway Marathon, FL 33050 Attorney for Property Owners 17— Section 15. ENTIRE AGREEMENT/MODIFICATIONIAMENDMENT: This writing contains »© entire Agreement of the parties and supersedes any prior oral or written renmgevtm at'C�'i 0 A"4j"'w"Aim i'm wogi iw'I "— "v 11611111, WV " LIV 459,34, C411PiVY"-,-Ui UOiW- 1ZYYU5Q0QA1VQ QUI Uk= ,-/ATT-ff empowered to modify or amend the terms of this Agreement, unless executed with the same formality as this document. condition or provision in or by any administrative hearing officer or court of comma© jurisdiction, the invaildity unenforceab lit of such conditioW, or '55tall -s ,,tti16 eI im r A nor imU 77797UPUMUMM in full force and effect. am I Packet Pg. 220 1 to the other that the execution, delivery, and performance of this Agreement has been duty authorized by all necessary corporate and other organizadonal action, as required. Section 19. MISCELLANEOUS: Each party represents and warrants to the other that the corporate or other organizational action, as required, of which shall be deemed an original, and such counterparts shall constitute one and the same instrument. Section 21. 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 au is 0.rizcd representative. yr 1130ARD OF COUNT )MMISSJONr�RS: OF MONROJE`couvry, 1"LORIDA LN MADOX CLERK , WI'll�e Y. e. By. Clerk Mayor, Date: &11,1,91A, 14 APPROVED AS TO FORM AND LEGAL SUFFICIENCY By- M "R09 COUNITY ATTOANgy . ..... 'ROVE 'J�F Assistant County Attorney STTV4 N 'r, WOMAMrs A3818YANT OPTYATTORA�r-y Date A'T'I'FST': 16- THE CITY OF MARATHON, FLORIDA B )4 Lt wiwe-�" 0 1 1 y: yy DIANE CLAVER Mayor City Clerk MR= I Packet Pg. 2021 1 1.5.c APPROVED AS TO FORM AND LEGALITY FOR THE USE AND RELIANCE OF THE clTy oF MARATHON, F �I)A ON LYE vu Iig u.ut, (1t Q ICY STATE OF FLORIDA COUNTY OF MONROE This copy Is Ai True Copy of the orlairlisli on hio In ING Office, wstflaiss MY hand and Oftial0 I And Mot OWeIn full force *III mn, 9 'rF'VW11WA00K. CPA C�CII Court iFa �� r � Packet Pg. 2022 DocA 2 0930O 11kaP001 2057 Lou I and 6 a(I-hampsom ord A�kww SubdiYUmm of 0ownwzmat rAt tl,Sacdon N, Taww1up 66 Sautit, R=%o )? 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P M nd � � of Tarvaiioimzhl jp dO gooftV uma a olul Sm "'lo a 14w 441mo to 10 An t t, W.M62 OW" Wmm lh* Naaaak dd am �me mv unaorold SWq flig6aamrmy 4A., an WAR Rity Tk 0154,dumaSoudi 14*2100-910% 119,93 tMmpM ,14 $ aadh (0812 thet, am va ar hmK uma MI.Otte Q uIt" of h(WOU^ 4119 VOIN of f mhag�, Waco mead anWwag Mn* plaug amild Lhw%, ,m maarIap4 We O mn ° idw-euu &sbaQwfotWfwd;w,% lao Act, mmor wausi thawmatwW, mj Inglegad WWI 186,94 m� 60M 0 am d mmmAl mSm Alk 123 owk a main of WN. to Ifto NCEM& CNN Culf dWA-1,160 whola k faafturnmeats dw Wat US Of dm (H#w R E Packet Pg. 2024 Sponsored by. Lindsey CITY OF MARATHON, FLORIDA RESOLUTION 2016-125 WHEREAS, the City of Muathon (the "City) wishes to enter into an Inter -Local Agreernentwith Monroe County (the "County") for the purposes, of Transferring affordable housing unit allocations; and WHEREAS, the Monroe County requested minor and non -substantive modifications to the ILA approved by the City pursuant to Resolution 2016-104 and the City has made such minor modifications, WHEREAS, the Inter -Local Agreement with the County is in the best interest of Monroe County and the City of Marathon for the purposes of providing opportunities foraffordable housing, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARATHON, FLORIDA, THAT: Section 1. The above recitals are true and correct and incorporated herein. Section 2. The Revised Inter -Local Agreement (ILA) attached. hereto as Exhibit "A", between Monroe County and the City of Marathon Transferring Affordable Housing Residential Allocations for a project known as KTG Crystal Cove. (Resolutions 2016-71 & 2016-72 provided as Exhibits "B" & "C") is hereby approved, Section 3. This resolution shall take effect immediately upon its adoption. THE CITY OF MARATHON, FLORIDA I Packet Pg. 2025 1 DocM 2109300 Bk# 2837 PaY 2060 Diane Clavier, Cterk ME= APPROVED AS TO FORM AND LEGALITY FOR THE USE AND RELIANCE OF THE, CITYOF MARATHON, FLORIDA ONLY: i5i�id ry 2v�;, cy I Packet Pg. 2026 1 Doeg 2109300 8kX 2837"' Pg# 2061 Sponsoired by: Lindsey CITY OF MARATHON, FLOIUDA � .1 11' 0. SOLUTTON 2016-71 A, RESOI.XTION OF THE C11"Y COUNCIL OF 111F CITY OF MARATHON, APPROVING A, REQUEST BY 1JTG CR:V.S1"'A1, COVE RESORT, 1,11,1? FOR A CONDII[TIONAL USE, BERM F'URSUANT, TO (,"11AP1ER. 102, ARTICLES 13 OFTHE CITY OF MARATHON ]..,AND DEV:LOP MENT REGULATIONS (LDRS-) ENFITLED "CONDITIONAL USE T`EJR1WJ11,'S," AUTHORUZING THE DEVFLOPMENT OF A. TWENTY- EIGHT (28), IfN11" RV PARK, FOR'FY SIX AFFORDABLE HOUSING UMTS, AND 7,700 SQUARE FEET OF COMMERCIAL RETAIL O'N PROPERTMS LOCATED AT AND ADJAX]ENT TO 4900 OVE'RSIKAS HIGH'WAY, REAL ESTATE NIJIMBERS 00327150-000000,0032'7910...000000, 00127920-0000001, 00327990 010,0000, 00,328000-001.1110100, 003280101-0000,010, 00328020-0010000, AND 003180.30 MOW Nul AREST MILE MARKER 50 'WTIEREAS, rroCrystal Covr, 1-11.2,, jlw "Applicant") filed an Appficafionori.bate e3o, 7016 fbr as Conditional CJso Prormit and. Duveopinion i Agrceinent purquant to Chapter 102, Articles 13 of the City cli'Marathon Lund Development Rep ,ulations (I 13Rs); and WHEREAS; the Applicavt proposes to devotop twenty-eight (28) RV, forty-six (46) work-f.brce and affordable housing residential urtits,and 7,700 square feet of comynercial space; and W14UREAS, City staff reviewed the Applicant's requost fiir a Conditional Use Permit determining that the Applicant's proJect proposalwas in compliance with the (.,it"y's Corn�jprehensive Plan and l.,and Development Repitations (1,M) and fi.irther that there was no sub,stantial irripacton Ghe City',,..; Level of Sevvice (LOS),- and WHEREAS, on the 15'n'day of August, 2015, thLC City o fMarathon Plai-ining Coinirnis, sion (the "(.7ommission") Conducted as properly advertised public heating (the "Public 'Hearings") regarding the requiest submitted bythe Applicant, liar as Conditional I.Jse Permi 1. fwrsuant to Chapter 102, Arkle 13 of 1.,M; and WJJERE AS, and on the 23' day of August, 20,16and the l 3* day of Septcrnbiv, 2016, the CityCouncil (the "Council") coviducted property advertised public hearings (the "Public regarding the request.submitted by the Apphcan% Rn a Condffional T.Jsc Permit purswml to Chapter 102, Artin.,,Ie 13 of th,ei LDR,s, and. WRIIIlAREAS, the City Cotia-k.c;il made a dckcrrnbiatioa that dit Appkanf'� request thr, a Conditional Use Permit, siAyjcnt (o the ternis ofthe LDRs and with Conditicins irnposed, was in Compliance %,vith the (,ity's CumpreheiniMc Plan ard T,DRs and further, that thic approval is in ttna (Y,o7 I f oNe LOJ, 2M6 I Packet Pg. 2027 1 1.5.c �mWulmplW„ iluWu..l G':uam. u W k u�a7,aii��V ��°rom o��ilfhl ul,.wu �a,klfy m. 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R soi i. I. der °uWlm ,.°at tm� idMk, m..'r'a�ow na¢u�'��lm�a WomW a k°�. [IIli" urccr �M r aml' ' m u �� u d'm p �:II°m WVuW„ Im,W�mMe�ra I��a�duuumlluomro��.umlduWl o', dim m n^�pWilpWYmamm4 OruP.or ew Ilom hnli oflthe m,'br, ^�um.W�: mmll�ulua 111Jl , m ml a CMm, o;rWmAuld yn,qwn oa r mmb�mp:vqwin by d w 1.`dma W Wm,amap°ms,M�ua and aficr Wc�vIc�marld app,ila7°i�,�d Illy 4,w PXlivaiu�amaud:wW or Il,,wa mqvwc Ojpjjpjjpouma,uuWmp pu�ma.aW.u�bi��u�m Io W" III rtil�PB"s p63 and ^aNO,t'"lull o,Pu:m.u''ua�.ma.'kSl"�^w ['XSS'E,D A.N111i A l"PROV ED by Ow f.:`iod° m""ummMm iP alW upmm:a a:hy od'` °v1,muuoVmol,m,1laM6d a. J�ik 'V aoW� aLq olf1 ��1cpo'nnd; c 2M(i, I'IIIAC (`ITN" OF NIARAIAOIN rma'� �Yull� I' a'r1i W;'IIfmv—n—maPtfim, M%mynir A YET Z W g, d:a�hmu w,,, K.lefl o (°cmIImILW°r.�Wm. mmumammuua¢IIMm r^^a�,�ly„L SwdmuWMW° ll' 4m;1: N,l,. �'a:mlw aw1"AN toq)cW p'�I�uaW�w �"pwk� I� r�. 1."Wtr� a°`lu:Ww6m (Ww i ly SUM) Packet Pg. 2028 Do cN 2109300 Bkll 2837 PSU 2083 APPRC.) , VEDFPS TO FORM AND LFCALITY FORTHE USE AND Rt-A.L.kNCE OFTIHE CITY OF' Ivj,%.1t,A,rH0N, FLA)RIDA ONILN� I Packet Pg. 2029 1 A DEW1,OPMENT ORDER APPROVING A REQUES,,r BY WffG CRYSTAL COVE RE, SORT, LLLP FOR A CONDITIONAL USE PERMIT PURSUANT TO CHAPTER 102, ARTICLES 13 OF THE CITY OFMARATfTON 1AND DEVELOPMENT I.WGULATIONS (1MRS)ENTITLED -CONDITIONAL usE ill mrrs," AUTHORIZING THE DEVELOPMENT OF ATWENTY EIGHT (28) UNIT RV PARK, FORTY. -SIX AFFORDABLE 1.10USING UNITS, AND 7,700 SQUXRE FEET OF COTNIMERCIAL RETAIL ON PROPERTIES LOCATED AT AND ADJACENT TO 4900, OVFRSEAS HIGIRW^ REA1,ESTATE NUMBERS 00.3271.50-000000,00327910-fl*0000., 00327920 000000, 00327990-00001, 00328000-000000, 00328010.4100000, 00.328020- 000001), AND 00,328030 400000. NlkARESri, MILE MARKER 50 WHERE AS,11TGCrystai Cove, 1..J.,LP,, (Thc"Appficarrt.") filed an Applicafiort Oki JunuX, 2016 for a Coriditional (JsePan.-nit and Devel.opmeiitAgi,eegruentpud,sLiant to Chapter W2, Artiolcs 13 of thte City of Mdratheri. Land Development ReguNtions (11.)Rs); and W'HEPX#AS, the Applicant proposes to develop twenty eigght (28) RV, forty-six (46) workforce and affordaWe housling r"-idential units, and 7,700 square feet oftommorcial space; and WHEREAS, City staff revewed the Applicant's request for a. Conditional Use Pen nit determining that the Applicant's project per opoWl was in compfim,,cc with the City's Comprehensive Plan and Land Devcoprnent Regulations (LDRq) and further that there was no substantial impact Oil the City's Level of Service (LOS); and WHE.ffl:�,.A.S, on the I .5'h day of August, 2015, the Ci�y of Marathon Maiming Commission (di.e "Coininission") conducted a properly advertised public hearing (the "'Public Hearings") regarding the request submitted by the App[icmi.t, for a Conditional, Use Permit pursuarlt to Chapter 102, Article 13 of t1he LDRs, and WHEREAS, and on the 23d day of August, 2016and dic 13" day of September, 20 L 6, the City Coweil (the "Council) conducted property advcrfised j.-niblic heafings (flx- "flublic Hearings") regarding the reque,..,t submitted by the App.livmmi, for a Conditional. Use P=nk pursuantto Chapter 1012, Article 1.3 of the LDRs; and WHEREAS; the City Council made a determination that the ApfAicapA.'s reques.t for a Conditional Use l"em-ift, sulject to the terms oT die 10.ks and with Conditions irnposed, wag in Compliance witli the City"s Comprehensive Plan, and LDRs and further, that the approvafl is fn. the pubk irneres,, is consistent wi.ffi its policyto encuuragt the rede-veiopment of properties withinthe City of Marathon mid will fiarther the health, safety and wel..fue of the residents of'Marsthon; and crYsW Cavrc CUDA 2016 Packet Pg. 2030 Dorn 2109300 WN 2837 P9ft 2065 W11EREA.S, (.he purpose of rhe Conditional Use Permit is to a.flow for the integration of cemain kand q,¢scs and structures within the (.ity of Marathon, based on conditions imposed by Ow Council, Revievy is based primarily (-)n compatibility of the use with its propoged Jocation.and wiith surrounding lwid uses and on the basis of all zoning, subdivision and mher ordinances, applicaNe to the proposed location and zoning distria, E!N A !Mil I UM-1111 L 1.7he applicant will as develop twenty ei & (28) Unit RV park, forty-six (46) workforce md affordable housing unks, and 7,700 square feet of CotnmerGW Floor Area, and accessoq'scructtires as may be appropriate (See.Attached Site Nan ws iVtachment 1), In accordmice,with Section. 10237 ofthe Code, dic Conimissionan(A Couri(A considcredand determinod the, Applicant niet fl-ic following criteria: a 'I'lie proposed use is consi,slent. with the Cornpc0i.ensive Plan and LDRs; b. The proposed use is compat[Ne with the existln6 ,! land wie pattern and fulur uses desigynated by the Comprehensive Plan; c. The proposed use. shall not adversely affec-, qie health, safety, and welfare of ffie public, and d, 'I'heprol.)os,,;dcondit..ionaltLgefnii-i%m-rizesenvirr)ri.rnent.alim�,,..kets,incluaiingbi-itn.o.tgni�.teal to water, air, storinwater management, wildlife, vegetation, wedands, anti the natural fljxlcfioning of the envir(nurlent, and c. Satisfactory provisions and arrangements ha,e been made concerning the following maiters, where appficable: ess rand egress to tfie property and. proposed stmcture,s thereon witli particular reference to automod-ve, bicycle, and pedestrimi, safetyand convenience, traffic flow and coran.)l and aiccessincase ol'i'irearcatasiv(iplie� 2, Off-street pmkiy.-Ng and loading arms where required, with part.icular attention to item I above" 3, 'The noise, glare orodoreffects of the con.ditional use on surrounding properties; 4 Refase and scrvice areas, with particular referenec to locaflon, so#:eening and Items I and 2 above; 5. Utilities, with, reFerenze to location and avaflahifily; 6 Screening and butTering with. reference to type, dirrwn.sions and character, T Signs, ifany, andpEopused exterior Ughfirig v0th reference to glare, Lraffile safety and compatibility with sa.a.rouriding properties; Cryv.51 Cove CUDA 2016 I Packet Pg. 2031 1 Dorn 2109300 BkM 2837 Pgllg 2066 9, Required yards weal other open. space; 9. General compatibiM-y witti�,,urrOLtndinL�prol.iemies"azid Gt:anfing approval of thp, Application is subject to the following conditions-, g I , A. fina➢ fighfing p�an must be submifted prior In pormt. issuance. 2. A firtal landscape plan must be submitted prior to permit 3. Dumpsters are to be screened per code. 4. A.11 condi.tions of the Fire Manshall must he met 1:6ur to permit Rsst.uarice,, 5. Wher, the pirqjeoboundary bt.f.ffer is reduced, t1iickerlandscapingasrd sc;rcening is requifecL 6. Additional screening is to be created al.ong the canal Eacing RN lots, rhecrit.eniacstabfished irl Section 107.66 F shadl. be ^spplic(l to this area widi the additional hoight nzeded to screen headfights,, 7. AH signs will be reviewed aand approved for cornphance, with the City of.' Marathon, LDR's. S. Fach RV site shall comply w4h. all hurricane evacuation requ t . rernents set fbrtft for City transient uses, 9,, Existing evidernents include thirty (30) transient residential units JR.kfs), one (P) mafk&. rate residential unit, and 1,633 square fcetofeorrianierciai square footage, These entitlett ent. shall be utilized to corriplete the projea as approved., The approval of tfOs DevOopirent Agree rnent does riot convey, or grant a vested right or enfide-ment to Future allocations of' affordably residenthi� units by the For the Rmy-six (46) afTordable Msiderlli.Ell tlnitS ruferemced arid approved in this Duvclopnwnt, Agrecuient, Suchadocations shaR be made at a fidure dare consistent with the comprehertsive plan amenelments and LDR. amend rvents. It ls the intent of the, applicant, with the support of dic City, to seek The, necessary affordable idcndal Lwit allocations th.roujm and Inter,local Ageenient transferring the Lwi(s frorn Monroe County to the City of'Marathon. 10. Dwetfing tinits shall contain iess than or equal to 1,800 square fr.et of habitable space, Occupancy of affordable housirig units izi limitcd to those Lneefiatt; the Coll.owing, i1rconle re qutrements: a, Veryy4ow.incorne A. household, whose income (exclucling that of full fiine sludents urder. 18 years of age) does nat v<cecd 50 percent of the wnLdian adjusted grosrs, anntial income for bouseholds vdtldn the emaity; b. Low.-incorne. A hriusehold, whose income (exchiding that of full-time, students tmder [8 years of age) cioes noit exceed 80 percent of" the me&jn ad ttsted F j ,ross an.nual incoine for households within dae county; c. Median-hicoxne, A household. whose in.come (excluding that of hill tirne Students under 1,8 years of age) does not exceed 100 percent of the median, adJ asted �,.,7oss annual income fU hOUSChOlds w�'thiri flie county; 1:;i '('� o I aT ( M o,N l' , 6 I Packet Pg. 2032 1 Docia 2109300 BII(U 2837 PgR 2067 d under 1.8 years of age) d(ns not exceed 120 percent oF the inedian adjusted gross annuaE inconie for hat.ischolds within the county; e, lvliddle-incorrie, A household, whose income (exrAuding that. of fuli--tirne Students under 18 years of age) does nor exceed 160 percent, of t1w rinedian ad asted gross annual inc.orne within the county; 11, 'The, rnnnthly rent shall not e�cceed 30 percent of ttuat arnount which represents the incolne bracket of the household, Le,, Very l.ow, low, Tnedimi, moderate or middle, dividerd by 12. 111. nal case shall ffie nrontl.-Oy rent cxceed 160 percent of the ryiedian acilusted gross annuad income for households within the cokutty, divided by 12. IZ Annual incorre qualification, 6ase or employment verification,as appkable, by the My, or its designee, shall be limited to rental and errlployea housing dweHing units. Incurne vicrification for owyi.er occupiruddwellings s1hail be perforl'nLed and approved by the City or its designee prior to thc, sales closing wd ocoupancy of the dwePkrig unit, 13. For any community workforce �,iniis the foilowing requirements shall be rnet: a, Affordab[c liousing criteria 5et fQ]1:1.11 i'n. &j)()Vr and Chapter k 10 " Deftititic tit," b, Shagl be permanenfly deed -restricted as affordable; c. Sl-iafl be restriotcd to occupancy to huirseholds that deriveat least'70 perf.ent of their iousehold hicurne frotin gainful employment, in Monroe CVrnty; & Shall be reStriCAed to OCCUPIiInCy IM' 28 consecutive clays or longeir-I e. Shall riot be used furvacatiou, rental use, and f, Shall, not In sold separately as as condominiu.ni, 14, The total area ofthe mixed use or cominercial apartincirits, nicluding patios and access way shall not exceed the area covered by t.he l7,ound floor aiad any covered. walks or areade-s. I 5,, Each i1mit, shall have acc,,ess to a brdcorwy oir patio that is separate from the access to the snit, provides adequate privacy and the size shaUl be two tenths (2/10) of urdt floor area or a minimurn of 60 square f6et in. size. 116, The patio area may be wholly or parthffly reph—wnd by the provision of a re�.,,xeation yard provlded on site. R.ecreatianaq yardsshall bea rninimurn, one -tenth, (I /10) cf unit floor arf.m. tT,The developer aiad tkm City shall enter into a De-vetopment AgreeTTIANII.WN01 at Min'ToUrn prornulgates a requirement that necessary worklorce housing units, pursivint to Chaptcr 104 Artiole 1, Section, 104.25 and the City's Zonlnga; in Progress corw.�,rnlng affi)rdable housing, be complete prior to the Certificate of Occupancy for all IRY units, Inthe alternafive,the will accept a bond for the., value or the unirs or an irrevocable letter c) f credit YNch. shall. orhy be released upon corripIlefian of the required imits. I 18, For RV to I - 10: "ihe u w=r has aigreed to tocate ain opaque Cc nue no less U-= 42" l-i uglh, and, buffiered on the canal side by landscaping suitable to the City of Marathon, The Ilocation of crp,¢ a rCme(TIDA Z AV, I Packet Pg. 2033 1 DOcU 219300 MO 2837 0P9N 2068 the fence sections will extend, for melve feet (12) on the oarial frunt sides of the, tot to bu located in front of the RV parking to sbie[d headhghts from shining across the canal. 19. An emergency gate entry/exit gve is allow W-- for ernergency vehicle access at Lhe noirthcast cornerof the project site for entry/ exitto and from 5V'Street. This Bate shatl beconfinuous, secured except to alto w emergency vehicic access, The use of the gate fbr- general or routin access of owners or patrons of the RV or affordable Ilhousing projea elements is prohibited. QV5W Cove CUM 2016 I Packet Pg. 2034 1 1.5.c 99 'f ho mp"mpllic,.ouuuI'� nulI,loms doe relin, and �;uH Ihu um u of! he Ito fmCrl'mpu.'. 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Lhldscy CITY OF N1 ARATI, ION, IIDA RESCILI-rrwi 2016-72 A RESOLUTKIN OF THE CITY COUNCIL OF 1111E CITY OF MARATHOM APPROVIIING A REQUEST BY H,r(., CRVSTAL COVE REN)WA LLLP FORA DEVELOPMENT A(,oREEMEN'I'IPURSI.,A,14T'1'0 CHAPTER 1% All ITIC'EJES 8 OF THE CCITV OF %drARATHON LAND DEVELOPIVIRN 111'REGULATIONS (LDRS;d IENTTT 111,11E 11) , D IFIV ELO PM IRN 11' AGREEMEW AUTHO)u.2AZINIC,THE DIIEVEI-GIRMENTOF .VFNN!EN,n,- IFIGIII-IT (28), UNIT RV ll°ARK, FORT'V-SIX AFIFUIRIII)ARLE HOUSING UNITS, AND 7,7010 SQUARIF FEE"T OF C(.)MMlIF,R.(...'IIlAIl., RETAIL ON PROPER.TIES 1,0CATE111) AT' AND ADJACENT TO 4900 OVERS1,".AS [WIGHWAY; REAL ESTATE NVY.,-",.VllIEIFXSO0327150.,00141(1(0(1,M)3279110DOMM), (IR3279214100000, 00327090-000000, 00328000-000000, 00,328011*0MOUT 00328020-000000—AND 00321030-000000. NEAREwr NUILIE MARKER 50 INHEREAR HTG 01sud Cove. I JJK (I he -ApIAWS) AW an App%;Wn mi kne 30, .1 -016 Wr a Cunfloa-al Use Illernuht and Developmei,U Aggreerrient. 1wrsowra to Chapwr I 01 Arfid,,!!,s 13 ofle ClW of Wakhon J.-and De,elopment Regulaiions and WHEREAS; ahe Applicwfl proposv,, rcii devclor menty-eigja (28) RV. loro'-six (46) wmkhmo wd aMidaWe Wing reddenth! unks. and 7300 sWon! No ofeummomki spun =.l WHEREAT (Aty stMevilwal Te ApilkwWs napem Aar as DonWIpmur Qvmwnt dvamlNg to 6.,.Appficara-s prajefn proposd was W comphance wiith flie Clly's ConyweNnWe Phn W L"d DmvKpm=C Regulnions I LI)Rs) and Wherthm them yms no mlswnkl Wqmm ml die City's f r vea ot'Ser%ice (11.0S): and WHEREAna. & on the I P chy vFAuWw 20 15. the (Ary of Maradwn PWnndg WW"kin pflle -Coollmi,qsioin-') conducted a Ifarpapefly MOW pWQ ;w=Wg 10 -Nbk HwrWg0 regaMingthe requem sAnAwd by be Apolmn Ar a purswitl lo Cho[iter IO2, Arflce 9 offlie l...DRs:and WHEREAl ward on ilhe 23" day ofikkitgust, 201.6,,,kirid the 4`1 day O'Sc.,ptcrnhcr. 20116', flit; City Cuuned (flic -Coundr) cmWucmd pwpuQ aWWd pblic heahTs (Te -Wc WMgd) rqlpircfing 0-tx recIliaest sublig6twill linty the AplIflicovit, fm a Developmeni AgrxniuW pursuant to (11alliler R ofthe LORc and WHEREAl le Chy WWI umde a dmmbatkm the A ApOcmCs mqmM Rwa Wdopment Agxecnicnl- subjvct to We lemis 0 le LIDRs and o% iLll C(�ndiluons inlrosed, awns in ComId1mv alh Ow Cly 4 CnmWdwwNv Vhn wd LDRs mul Naha% Mut Me uppowd W in dke 1110hfiC interusi, N consistent viTh its polky U; aenump be ol,pirnperties wvidlin dke CRy of %huathon and W fkdwr A ACAG SAY Ond Welfhre oll"the re,,,,idews ol'Maralhon;,afid I Packet Pg. 2038 DoCN 109300 ShN 28237 P90 2073 WHIIE'REAS, ihe v.:u"Pose LwH.hc Condkional U �so I'mult is to allow for the inwgirmi.mi (if certain .d uses and structures w1kfain the 0y or mar�.uhom, based on ucindifions In -mare 4cd l-�%, th.e Council, Review! S based Pri Mari pV 011 Con i pufibH i y u d'Lhe u,,,-.e wkh its proposed locm. ion and with surrounding land u-ses and on the hasis of all, zonin,,), subdivisioruind othei-• ordinancesapplicable m the proposed locafion and zoning dkiria. NOW, THEREFORE, ME,' UTRESOLVED BV 11111E. CITY COUNCIL OFTHF, UTY OF MAIRATHON, FLOIRIDA, '-FIIJAT� Section. Ill. File above recitals are true and coirrect and incorporated hereim Seglion 2. 'Phe City Council herehy approvLs the Developmen.1 Agreement. juached heroous ..:Exhibit A, - Section 3e I'llis resoludon shaft take upon 4,s adoptimi by the Cityof Ma.rmhoin and usher review and appro-val by the Department of Economic Oppomunity pursuam w Chapters 16.3 arid 380., PAS.S'ED ANDATPROVED by Chu Cft.vCo(mcd oftheciqfi of,%,Mratliou, F1'oridia, this 13,11 day of'September, 10 I 6, TIHE CITY OF' MARATHON, F1,011RIDA 'r;7 NIArk Stialmartin, mayor A. YE S: Zieg. Barims. Cotdiron Kcky.. Senmai:tin NOES� None ABSEN'rNone ABSTMN: None IDiane Clavier, City. Cl[erk (City SeM) I Packet Pg. 2039 1 Doeff 2109300 BkN 2837 P90 20-74 APPROVED AS TO FOKM AND LEGAR,rry IF011THE LISP AND REUANCE OF " FHE CITY OF MARATHON, FLORIDA ONLY: -,�t .. ... .. .. ............ David Nlixuf, tt)lrlo I Packet Pg. 2040 1 OocN 2109300 BkN 283"? P90 2075 EXHIBIT A DEVELOPMENTAGREEMENT E-11 I Packet Pg. 2041 1 aDkove" 2109300 2837 F19111 2076 RE Nos. 00327130-000000, 00327910-000000, 00327920-000000, 00327990-000000, 00329M)-000000, 00328010-000000, 00328020-DODO OO, AND 00328030-000000 (Space Reserved for Recording) Development Agreement for FiTG Crystal Cove &-sort. LLLP Marathon, Florida WHERE^ O%vner owns real property located in Marathon, Florida, described in Exhibit "A" hereto, which i3 the location of IJTG Crystal Cove Ptesort LLLP and its proposed redevelopment; and WHEREAS, said HTG Crystal Cove Resort LLLP hold onfidements to thirry-four (34) transient residential units, one ff� market rate residential units, mid 1,633 squAre feet of cominercial spacw, and WHEREAS, the real property described in Exhitin"I" isdesignaled ontheCity'sFuture Land Use Map (FLUM) as Mixed Use Commercial (Nil-I-C), and is zoned as Mixed Use (Mu) which land use designation and zoning allow the property to be used for transient rentals; aid WHEREAS, Owner desires to develop twenty-eight (18) RV sites and amenitics in sit RV Park, forty-six (46) workCorce mid affordable housing residential urdx3, and 7,700 squarc feet of commercial development:. and WHEREAS, the City's fttTordable hoLtiing requirement for transient uses, as set out in Section 104.25 of the City of Marathon Land Development Regulations requires that new transient development provide affordable housing in an amounit equal to 20% of the square footage of new cransient development. and WHEREAS, Lhe -Marathon Planning Commission held a public hearing on the LIP day of August, 2016. to consider this aereemem. tind recommended approval (if Lhis agreenient, and I Packet Pg. 2042 1 Dac4 2109300 BkO 2837 PqU 2077__,J�� Dorn 2100163 Skil 2826 Pg$ 1952 WHEREAS, the City Council of Marathon held public hearings on the 23,d day of August and 13" day of September, 2016, to consider this Agmement; and WHEREAS, the City has determined that this Agreement is in the public interest, is consistent with its policy to encourage the redevelopment: of hotels and molels in than, and will further the health, mfety and welfare of the residents of Marathon. NOW, THEREFORE, in consideration of the cautual promi.ies md undertakings contained herein, the receipt uid sufficiency of which are hereby acknowledged, the Panics agree as Follows: I- RECITALS. The foregoing recitals are a part of this Agreement on which the parties have relied and are inmiliurated into this Agreement by rcfcrcncc, If. PURPOSES OF AGREEMENT. The purposes of this Agreement are as Follows; To re -develop the BTG Crystal Cove Resort UIP site to include the duvOupirient of twenty- eight (2 28) RV sites, forty-six (46) workforce and of ordab(c housing residential units, and tip to V00 square Ilem of commercial area, said Property noted in Exhibit A, consistent with the City of Marathon's, Comprehensive Plan and Objective 1-34 of the City of M-anathon's Comprehensive Plaw Ill. Definitions. For the purposes of this Agreement, all to shuli have the definition.,s as found in the City of rylarathon's Land Development Regulations, Comprehensive Plan and in Chapter 163, Florida Statutes, or in other applicable Florida Statutes, and if not defined in the Code, Man, or Statute, the tenn shall be undur.3tocd by its usual and cu-sromary meaning. IV. Statutory and Code Requirements. The Parties recognize the binding effect of the Florida Local Govern meat Development Agreement Act, Sections 163-322 L et seq., Florida Statutes, as to Elie fine " and contcrkt of this Agr=rneat and in accordance therewith set forth and agree to the following: A1,1n, I ;, g, [ITO Crystal Cove Resort LLLP is the Owncr ofthe Property identifled by Real Eitatc Numbaw 00327150-000000, 003279 10-000000, 00327920-000000, 00327990-000000, 00328000-000000, 00328010-OODOOO, 00328020-000000, and 0032803n-000000 which are the Prqiertiew the W362OC40 2 I Packet Pg. 2043 1 D*C4 21093oo SkM 2837 PVN 2078 subject of this Agreement, as described in Exhibit 2. Improvement Location and Boundary Survey. At time of development, there will be no other legal or equitable owners of the subject prop known to the parties to this Agreement, B. 1, �L"qfign L The Owner shall have a period of one I * 1) year from the Effective Date of this Agreemo ent t obtain the first building permit for the RV Park site and three (3) years from the Effective Date of this Agreement to obtain the first permit For the woWicrce and affordable housing component of Uic project. AR Cortificates, of Occupancy and/or Final Inspections for structures an the Property as shown on the Site Plan shall be obtained with seven (7) years.. This Agreement may be renewed or extended as provided herein. If the Owner has not complied with the terms of this section, this Agreement may be subject to termination as pre'vided herein. C n1i4ke"411x;a 1, The Development permitted on the PrGperty shall consist of those uses set forth herein, as identified on the conceptual site plan attached hereto as Exhibit 3, and incorporated herein by reference, The permitted uses are as follows i. Twenty-eight (428) RV Park RV sites ii. Forry-six (46) workforce and affordable housing residential units; and di. 7,700 square feet of commercial development. iv. Requirement to provide workforce housing pursuant to Section 104.25 A. of the LDR& 2. Existing entitlements include thirty-four (34) transient residential units (TRUs), one (1) market rate cesidicatiai unit, and 1.633 square feet of commercial square footage. These entitlement shall be utilized to complete the project as approved. The approval of this Development Agreement does not convey or grant a vested right or entitlement to future allocations of affordable residential units by the City for the forty-six (46) affordable residential units referenced and approved in this Development Agreement. Such allocations shall be made at a future date consistew Frith the COMPrebensive plan arnendmerds and LOR amendments, It is the intent of the applicant, with the support of the City, to seek the neerssary affordable residential unit allocations through and Inter -local Agreement transferring the its from Monroe County to the City of marathon. 3- For the duration of this Agreement the Puties agree that any and all of the approved development shall adhere to, conform to, and be controUed by this Agreement, the Eylijbits 0 the dvve�upmenl or the subject piopcity on the Effective Date of this Agreement. In the event 911�� I Packet Pg. 2044 1 Doca 2109300 BkM 2837 P20 2@79 D*cN 2100183 this 2826 P99 1.954 be deitruyed by slonm, tire or other disaster® the Owner, it's grantees. successors, or "% igns shall have the absollute right to rebuild or repair the affected structure(s) and reirdtiatc the prior approved use so long as such dcmlopment is in compliance with this Agreement, 4. Through this Development Agreement and Lhu approval of Resolution 2016-71 which provides a Conditional Use Pcnnit for the project, ft Developer agrees to all Conditions approved in the Conditional Use Permit. 5. Pursuant to this Development Agreement the Owner agrees that that required workforce housing uxiiw, pursuant to Chapter 104 Miele 1, Section 104.15 kind the City's 7oning in Progress concerning affordable homing, shall be complete prior to the Cartificate OF Occupancy for all RV units. In 1hr alternative, the City will accept a bond for the value or Uxe units or an irrevocaWe letter of credit which shall only be released upon compkdo.n. of the required uafts, 6. 'The following docurnents ear artachad hereto and incorporated by reference. showing the Property Boundary and Existing and Proposed Uses: Exhibil 1. Wmanty Ned Exhibit 2: Site Survey Exhibit 1 Conceptual Site Plan as approved herein and pursuant to the City's approval of a Conditional Use.Pe rnnit 7. Maximum Building Rcight shall be flitrty-seven (3 1) feet, uis provided in Future Land Use Element, Policy l 3.2.5 in the City's Comprehensive Plan and ws defloned by the LDRS. a. fhe Owner shall executc and record in the public records of Y.4onroe Couray a Declaration of Covenants and Resaictions in a loran acceptable to the City ensuring that all Transient Units an the property comply with Hurricane Evacuation Requirements set forth in Policy 1-22.1 of the Future Land Use Element of City's Comprehensive Plan, in effect or as amended, I.The Florida Keys Aqueduct Authorityprovides domestic potable water, 2. Electric Service is provided by the Rorida Keys Electric Co-op. 3, Solid Waste Service is pruvided by Marathon Garbage Smice, 4, QWngr 3MI provide wastewater and sewage collecdon and disposzby expanding its current connection to the City. .5. Educational Facditics. The redevelop mcnt oftransient use as contemplated by this Agreentent 603626W 2 I Packet Pg. 2045 1 )teDoclt 2109300 k# 2837 Pg# 2080 coca 2106,83 will not impact education facilities. Bko 2826 PON 1955 b® Recreational Facilities. The Property includes onsitu recreational facilities for visitors and guests of the property. Therefore, redevelopment of the property mill have no impact on public recreation facilities, T Stormwater. A Sty eater Managcment System which meets all applicable local, state and fiedertil requirements shall be constructed onsito as pat of the Site Redevelopment. This system will retain. detain, and treat Stormwater on the Property and therefore wil I provide a substantial benefit to water quality in the area. There shall be no direct discharge to the City of Marathon Nearshore Waters, 8. Any increased impacts on Public Facilities or Public Services attributable to each unit ofthe developmetit, and the cost of capital improvement to inetit the associated increased demand on such facilities or services, shall be assured by payment to the City, concurrent with the issuance of the building permim for each unit, of any City of Marathon Impact Fees required by the ordinance then in effect, as well as by paynteat by owner of any applicable utility system Development, Fees. fn addition, Owner agrees to be subject to any leasonable impact fee ordinance adopted by the City within twenty-four (24) months after the Effective Date of the Agreement, providing such ordinance applies eqtmhy and uniformly to all redevelopment in Ma rathon. 9° Fire Protection, The Owner shall provide fire hydrants and other such fire protection facilities as required by the Life Safety Code administered by the City Fire Department Fire sprinklers will be installed as required by City Code, E. 1, 111 I A -A."I mnex'l" The following is a list or all Development Permits approved or needed to be approved for the redevelopment of the Property as specified and requested in this Agreement: I . This Development Agreement. I Conditional Use Approval. I The Final Site Plain, Landscape Plan, Drainage Plan, Building Elevations and Floor Plan approvals. 4,. Building and related construction permits for all structures utilized for principal use or accessory use, land clearing, and landscaping. At any time any building permit is applied Cor, Owner shall demonstntLe Compliance With all applicable Federal, State and Municipal Disabled -access Regulations in effect at the timmc of applivation. FAL 451,479,33Zv2 p-J"d 503026040 2 I Packet Pg. 2046 1 DOC" 2109300 8kM1 2837 P9M 2061 DecU 2100183 BkW 2526 Pga ISS6 5. Federat State, Regional, and Lucal Perfriki ror Stornawater runoff, Nuthing in this A67eement shall preclude the parfies from applying additional conditions, by alutuai agreement, during Finad Site Plan review or permitting. F. By Entering into this Agreement. the City finds that the redevciopmenk penniued or proposed herein is consistent with and furthers the Comprehensive Plan (as defined herein), applicable LDRs and the Principles fo[ Guiding Developynent set forth at Section 390.0352(7), Florida Statutes. The Parties acknowtedge that there exist on the Property� 'Ps• durpoLlym— ........ .. . .. .. - ....... Transient Units- 30 units Single Family Dwellings: I Stlarket Rate Residential Units Corrunercial Flaur area: 1,633 Sq, Ft. If. Ra 1:a6 ts rj,,'nw,, The parties anticipate that Owner may msekvc or dedicate lauid for public purpose.% in connection with the Redevelopment, but is currently unaware of the specifics of such reservation(s) or dedication(s). Reservations and dedications for public purposes in cowmeetion %ith this Agreement may be requested by the City's Comprehensive Plan and City Co& Such reservations or rededicafions may include, by way of example, casements necessary for the provisioti of sty waster, utility, and wastewater services to the Property. City and Owner agree to cooperate fully and assist cacti other in the perforrnance of the pmvisiuns of this Agreement. De lme '" .—M. Fhe redevelopment shall be developed in accordance with all required permits and in accordance with all applicable provisions of the City's Comprehensive Plan and Land Development Regulations in effect on the effwtive date of this Agreernea No CMIricate of Occupancy for an individual building shall be issued until all plans for that building are approved by the City and Owner has complied with all conditions in permits issued by the City and the other regutatory entities for that Wilding, Tke City agrees that any pennirs or certificates of occupancy to be issued by the City shall not be tuffcasorably wiffilidd or dclayed. T-AL 4P.479,332v2 r-30-08 6023626U40 2 I Packet Pg. 2047 1 1.5.c BkM 2 K, Can4p'i.4g1g,-- t11.� utktC,l .t Gll .! &tpAc li ctl� dmn .„ ltht Ott rn ,. .a�t, iPat,� ll�fu Apl,. `1"he failure of this Agreement to address a particular permit, aondit on, terra.,or restriction shall not relieve Owner of the necessity of complying with the law Moverning said permitting requirernenTs, conditions, te%CPA :etrlktions. L- . oAli yvrt.ltllg'- I. For the duration of this Agreement, aJl approved development of the Property shall comply with and be controlled by this Agreement and provisions of the Cite's Comprehensive Plan and City Code in effect on the date of cxecutior, of this Agreement, inclusive of text changes. d rezoning approved by the City Council an the date of the City's upproval of this Ar, %ergot if miy- "Cho parties, do nut anticipate that the City wilt apply subsequently adopted laws and policies to the Property, except as expressly provided in this Agreement, 2. Ptsrsuant rn SmLiun 1 3.3233, Florida Statutes. the City may apply subsequently adapted laws and policies to the Property only if the City holds a public hearing and deterra. ines that! i. The new laws and policies are not in conflict with The laves and policies governing the Agreement and do riot prevent development ok the land uses, intensides, or densities sere forth in this Agreement,-, ii. ne new laws and policies are essential to the public health, safety, or welfare, and the City expressly states that they shalt apply to the deyciopment that is subject to this Agreement„ iii The City demonstrates that substantial changes have occurred in pertinent nditiom; existing at the time of approval of this Agreement.- or iv. 'The. Agreement is based can substantially irtacuurato information supplied. by Owner. Provided, however, nothing in this Agreement shall prohibit the parties from u lly agreeing to apply subsequently adopted laws to the Property, 3- If sate or federal laws enacted air the Effective Crate of this Agreement preclude any p v's compliance with the (erTn s oCthis Agreement, it shall be modified as necessary to comply With the relevant state or Federal laws. However, this Agreement shall ant he construed to waive or abrogate any tights that may vest pursuant to common law, i ilnw fa ia-% nit, Rene M41nit < .i t rttit tlltt?tt,, This Agreement, may be amended. renewed, or terminated as follows I. As pruvided in Section 163.3237m Florida Statutes, this Agreement may be amended by matuat consent of the parties to this Agreement or by their successors in interest. Amendment rAL 451, 979.33M F-JGZR flQ30260401 Packet Pg. 2048 Decal 2109301 BkN 2837 PgR 2083 Deco 2390183 Oki* 2826 Pyn 195a under this pmvisioft shall be accomplished by an innuument in writing signed by the parties or their successors. 1 As provided in Section 163.3237, Rorlda Statutes, this Agreement may be renewed by the mutual consent of the parties, subject to the public hearing requirement as Section 163,3225, Florida Statutes., and applicable LDR3- The City shall conduct at least two (2) public hearings, one of which may be held by the local planning agency at the option of -'the City, Notice of intent to consider renewal of die Agreement shall be advertised approximately fifteen (15) days before each public hearing in a ncwspaper of general circulation and readership in Marathon, and shalt he nieffed to all affected property owners before the first public hearing. The day, time. and place at which the second public hearing will be held shatL be announced at the first public hearing- ne notice shall specify the location of the land subject Lon the Agreement, the deWopment uses on the property, the populafori densities, and lite building intensities =d height and still specify a place where a copy ol'the Agreement can be obtained. 3. This Agreentent may be terminated by Owner or its successor(s) in interest following a breach of this Agreernem by the City upon written notice to the City as provided in this Agreement, 4. Pur-sumit ro Section 163,3235, Florida Statutes, this Agreement may be revoked or modified by the City if, an the basis of substantial competent evidence, the City RM.1s there has -been a lUure by Owner to comply with the terms of this Agircernerit S. TVs Agrccirnentruay be terminated by mutual comeatof the parties. I- If the City concludes that there has been a material breach in this Agreement by Owner, prior to rovoking this Agreement, the City shall servemitten noticc on Owner identifying the term or condillon the City contends has been materially breached and providing Owtier with ninety (90) days from the date of receipt of the notice to cure the breach or negotiate an amendment to tws Agreement. Each of the following events shall be considered a material breach or thi3 Agreement: (i) Failure to comply with the provisions of this Agrtmnient,- (H) Failure to comply %ith terms aid conditions of pemifts issued by the City or other regulatory entity for the develortnent authorized by this Agreement. 2, If Owner concludes that there has been a material breach in the terms of this Agreement by the City, Owner shall serve written notice on the City identifying the term or condition Owner contends has been materially breached and providing the City with ninety (90) days from the date of receipt of the notice to cure the breach, or negotiate an anicndmenT to this Agretiment, The Following events shall be considered a material breach of this Agreement: 0) Failure to comply with the provisions of this Agreement; N L d 5 7, A 79, J32V2 7-30,06 606260402 I Packet Pg. 2049 1 Doen 21o9300l OkN 2837 P010 2084 -,-Xk Doe n 2200183 RkN 2020 Pon 1959 (R) failure to timely process any application for Site Plan approval or other development authorired by this AgreemciaL 3, Iftidier party wakvL-s a material breach in this Agreement, such a waiver shall not be deemed awaiver of arty subsequent breach. 4. Notwithstanding any other provisions of this Development Agreement to the contrary, neither party hereto shall be deemed to be in default under this Development Agreement where delay in the constructioa or performance of the obligations imposed by this Development Agreement are caused by war, revolution, labor strikes, lockouts, riots, floods, earthquakes, fires, castutitics, acts of God, g0V4Ma1ef11dI Fcstriciions, embargoes, litigation (excluding litigation between the City and the Owner), tornadoes, hurricanes, tropical storms or other severe weather events, or any other causes beyond the control of such pattythe time of perfomance hereunder, as well as the tens of this Dvvdopment. Agreement, shall be extended for the period of any forced delays or delays caused or resulting from any of the foregoing cau,,es- The Owner must submit evidence to the Chy's reasonable satisfaction of any such delay, (1 tum.ku- All notices, demands, requests, or replies provided for or permitted by this Agreement, including notification of a change of address, shall be in writing to the addressees identified below, and may be d&VeTed by anyone of the following rnethodv (ki by persona[ deltivery; (b) by deposit with the United States f ostal Services as curtified or registered mail, return receipt requested, postage prepaid., or (c) by deposit with an overnight eypress delivery service with a signed receipt required, Notice shall be effective upon receipt, The addresses and telephone numbers of the parties are as follows: TO OWNER- HTCr Crystal Cove Resurt I L LP 3225 Aviation Avenue, Suite 602 Coconut Grove, Florida 3 3133 With a copy by regular U.S. Mail to. Thomas D Wright Florida Board Certified Real Estate Attornely 9711 Overseas Highway Marathon, Florida 33050 TO THE CITY: City manager City of Marathon 9805 Overseas Highway Nlarnthon, Florida 330.550 (305L) 743-0033 TAL $31,479,33W 7-30-08 603626040. 2 I Packet Pg. 2050 1 0004 210%30o BkN 2837 P9U 2085 Duch 2100183 Ilka 2220 Pla 1960 With a copy by regular U.S. hMV to: City Attorney City of Marathon 9805 Overseas Highway MareAhon, Florida 33050 (305) 743-0033 On ea6 awiverwry date of the Mctive Date of this Agreement, Owner shall provide the City with a report identiCying (a) the amount of development authorized by this Agreerneat that has been complewd® (b) the arnount of dcvclQpment audmirized by this Agreement that. remains to be completed, and (c# any changes to the plan of development that have occurTaul during the one (1) year period kern the Effective Date of this Agreement or froin the date of the fast Aruivat Report. Q- ) urvv'smuag- In accordance with Section 163.3243, Florida Statutes, any pwty to this Avecfnent. any aggrieved at adversely affect person tag defined in Section 16132 l 5(21. Florida Statutes, or the State Land Plant-ting Agenoy may file an action for injunctive relief in the Ciruuit Court of Monroe County, Flonda, to enforce t c terms of this Agreement or to challunge the compiiarwo of this Agreement with the provisions of Section 163.3220-163-3243, Florida Statutes. R, Buling EffgqL This Agreement shall be binding upon, the parties hereto, their 5ucccssors in interest, heirs, aasigns, and personal represeaWtivLs. 9ii'ammL, This Agreement may not be assigncd without the wvitten cottsent of Lhe parties, which consent shall not be umeasuzzably withheld. T, The patlies, acknowledge that they jointly participated in the draffing of this Agreement and that tic to or p-rovision of this Agreement shall be con%tmed in fawr of or against either pwy based solely on the drafting of the AgMeMCLIL Ir the event any.provision, paragraph or setfien of clams Agreument is detonaincd to l favalid or unetifurceable by a couri of competent jurisdiction, &uch determination shall not affect the ZAL A5 0,479,332Q r-30-08 60362"0.2 I Packet Pg. 2051 1 DOCU 2109300 1*4 2837 P94 211116 enforceability or validity of the mmaining provisions o F this Agreement, V, This Agreement was drafted and delivered in the State of Florida and shall be construed and enforced in accordance wifli the laws of the Ste e of Florida. W. M between the City and Owner, in the event of any Litigation arising uut uF this Agreement, the prevailing party shall bw- entitled to recover all reasonable costs incurred with respect to such litigation, including reasonable attorney's fees. This includes, but is not limited to, reimbursement for reasonable atton, ey's fees and costs inc-arced with respect to any appellate, bankruptcy, post -judgment, or trial proceedings related to this Agreement. Venue for any legal proceeding arising out of this Agreement shall be inlvlonroe County, Florida. THE PARTIES TO THIS AGREEMENfWAIVE THE RIGHT'r() A JURY TRIAL IN ANY LITIGATION ARrsrNG OUT OF THIS AGRREIVIENT. X, U's-WE'S WAL Where the context re;qLtircs, the singular includes the piural® and plaraf it the singular, Y. This Agreement may be executed in any number of originals and in counterparts, all of which evidence one agreement. Only one original is reqUiXed to be produced liar any purpose. The headings contained in this Agreement are for identifleation purposes only and shall not be construed to amend, modify, or alter the terms of this Agreemmit. AA This Agreement incorporates or supersedes all prior regoliations, correspondence, conversdduns, agreements, or understandings regarding the inatters contained hevent. The parties agree that there an no commitments, agreements, or understandings concerning the subjects covered by this Agreement that are not contained. in or incorporatud into this document and, accordingly, no deviation from the terms hereof shall be predicated upon any prior represcatatkonS or agrmmenti, whether written or oral- This Agreement contains the entire and exclusive understanding and agreement Lunong the parties and may not be awdificd in any manner except by an instrument inmiting signed by the parties. TAL 451,47a=4 7-3MS 50362604C2 I Packet Pg. 2052 1 21093ea Bko 2837 PgR 2087 Docil 21a@183 Gko 2826 P90 1962 QC —Vgrq[j I 1 11 11 1 1 1 1 1 1 11 1 1 1 1 1 1111111111 111 1 1 "1 1 1 11 1 1 1 11 1 1 IN WITNESS W1TJU0F, the parties hereto have set their hands and Reala on the day and year below written, Signed, sealed, and delivered in the presence of. WITNESSE& OWWER HTG Crystal Cove Resort LLL P, A Florida Limited Llub0ty Umited Pumersitip r A" By: FiTG Crystal Cove Resort GP, LLC, A'Rorida limited Liability Cnilpany _A3 Name Ww""itness (printed or typed) la; Sale (remqal Pwncr, 4�1 Name: Randy Rieger JA it Name of Witness (j'wixitexi cli! 0 ype<) Title: Authorized Person STATE Of FLORIDA COUNTY OF MONROE The 15911owing insrrument of acknowledged before me rm Glans w (tay of &IV .Jjflw' um*' by Wk�u,4y Kwq%m u Authorized Puma. of KA'G CrV5W Covfd R"Jrt (W. IXC. 'Ohu rs 1x 'ar M010 prcAkccd and who dididid not take an oath, aa.ar�,irzw of C kwd�� At Laqu Nfy ca4ins%mvo expires M 44f 470,3324 7-20-05 533126M 2 I Packet Pg. 2053 1 1.5.c Oka 2S37 r 4 DaoW 21t P94 1963 On e 13 " day of SeptembeT, 20 16, The City Counc t of the Qy of Marathon approved this Agreement by Resoludon. No. 201 2 City Clerk APPROVED A,S TO FROM AND LEGALtry FOR THE USE ANI) RELIANCE OF THE E SOMOM 2 Packet Pg. 2054 1.5.c OkU 2 PgO 2089_.. 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Nearest Mile Marker 50; Rescinding Resolution 2017-106; And Providing For An Effective Date. RECOMMENDATION: Approval of Resolutions 2019-XXX BACKGROUND On or about December of 2016, the City of Marathon and Monroe County entered into an Interlocal Agreement (ILA) (Resolution 2016-125) transferring forty-six (46) affordable housing residential dwelling units to the City to be utilized in a project in the ownership of HTG Crystal Cove, LLC. the subject project sought and has ultimately received tax credit funding through the Florida Housing Finance Corporation. the project known as Crystal Cove Market Site LLC (originally HTG Crystal Cove) and Key Vaca LLC have submitted building plans jointly to complete a combined project. The building plans should be approved within the next several weeks (approximately March 31, 2019). The ILA provides a "reverter clause" and a term which specifies that: "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 is not granted funding by FHFC LIHTC/WORKFORCE program in the FYI 6-17 or FY 17-18 competitive cycle; or The project does not complete construction and does not obtain Certificates of Occupancy for all forty-six (46) affordable housing units contemplated herein by Packet Pg. 2057 1.5.d December 31., 2019. All affordable housing units for which Certificates of U) Occupancy are issued prior to December 31, 2019 shall remain subject to this Interlocal Agreement irrespective of whether all 46 affordable housing units contemplated herein receive Certificates of Occupancy." The City requests that the term specified in Section 3 of the ILA (attached) be extended to through the physical year of 2021 to allow appropriate time for the combined projects to be completed and to receive a Certificate of Occupancy. There is a previous request (Resolution 2017-106) for an extension which Monroe County determined to be unnecessary at the time, thus Resolution 2017- 106 should also be rescinded in favor of the current proposed Resolution. This request is codified in Resolution 2019-28. 0 This Resolution provides the Amendment Document that the County requires in order to carry out the extension request. CONSISTENCY CHECKLIST: Yes No 1. Comprehensive Plan X 2. Other — 2010 Sewer Mandate X FISCAL NOTE: RECOMMENDATION Approval of Resolution 2019-XXX Packet Pg. 2058 1.5.d Sponsored by: Lindsey CITY OF MARATHON, FLORIDA RESOLUTION 2019-XXX A RESOLUTION OF THE CITY OF MARATHON, FLORIDA, PROVIDING AN AMENDMENT DOCUMENT FOR EXTENSION OF THE TERM SPECIFIED IN SECTION 3, "TERM" OF THE INTERLOCAL AGREEMENT BETWEEN THE MONROE COUNTY AND THE CITY OF MARATHON TRANSFERRRING AFFORDABLE HOUSING RESIDENTIAL DWELLING UNIT ALLOCATIONS FOR AN APPROVED PROJECT IN THE OWNERSHIP OF CRYSTAL COVE MARKET SITE LLC (FORMERLY HTG CRYSTAL COVE), TO BE LOCATED 4900 OVERSEAS HIGHWAY, MARTHON, FLORIDA ON PROPERTIES INCLUDING REAL ESTATE NUMBERS 00327150-000000, 00327910- 000000, 00327920-000000, 00327990-000000, 00328000-000000, 00328010- 000000, 00328020-000000, AND 00328030-000000. NEAREST MILE MARKER 50; RESCINDING RESOLUTION 2017-106; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, On or about December of 2016, the City of Marathon and Monroe County entered into an Interlocal Agreement (ILA) (Resolution 2016-125) transferring forty-six (46) affordable housing residential dwelling units to the City to be utilized in a project in the ownership of HTG Crystal Cove, LLC; and WHEREAS, the subject project sought and has ultimately received tax credit funding through the Florida Housing Finance Corporation; and WHEREAS, the project known as Crystal Cove Market Site LLC (originally HTG Crystal Cove) and Key Vaca LLC have submitted building plans jointly to complete a combined project; and WHEREAS, the building plans should be approved within the next several weeks (approximately April 30, 2019); and WHEREAS, the ILA provides a "reverter clause" and a term which specifies that: "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: Packet Pg. 2059 1.5.d The project is not granted funding by FHFC LIHTC/WORKFORCE program in the FY16-17 or FY 17-18 competitive cycle; or r_ The project does not complete construction and does not obtain c Certificates of Occupancy for all forty-six (46) affordable housing units contemplated herein by December 31, 2019. All affordable housing units for which Certificates of Occupancy are issued prior to December 31, 2019 shall remain subject to this Interlocal Agreement irrespective of whether all 46 affordable housing units contemplated herein receive Certificates of Occupancy." 0 WHEREAS, the City requests that the term specified in Section 3 of the ILA be extended to through the physical year of 2021 to allow appropriate time for the combined projects to be completed and to receive a Certificate of Occupancy; and WHEREAS, a request to extend the ILA was made in Resolution 2019-28; and WHEREAS, this Resolution provides the Amendment Document that the County requires in order to carry out the extension request, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARATHON, FLORIDA, THAT: Section 1. The above recitals are true and correct and incorporated herein. Section 2. The City requests that the term specified in Section 3 of the ILA (Resolution 2016-125) be extended through the physical year of 2021, December 31, 2021 and that the attached Amendment Document be conveyed to Monroe County for review and approval. Section 3. The City Clerk shall forward a certified copy of this Resolution to appropriate individuals at Monroe County, Florida, the Florida Department of Economic Opportunity, the Florida Housing Finance Corporation, the Florida Task Force on Affordable Housing, and the Executive Offices of the Governor. Section 4. Effective Date. This Resolution shall become effective immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Marathon, Florida, this 9th day of April, 2019. THE CITY OF MARATHON, FLORIDA John Bartus, Mayor Packet Pg. 2060 1.5.d AYES: NOES: U) ABSENT: psi ABSTAIN: ATTEST: Diane Clavier, City Clerk (City Seal) APPROVED AS TO FORM AND LEGALITY FOR THE USE AND RELIANCE OF THE CITY OF MARATHON, FLORIDA ONLY: David Migut, City Attorney Packet Pg. 2061