Item I5 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
June 19, 2019
Agenda Item Number: I.5
Agenda Item Summary #5633
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2506
n/a
AGENDA ITEM WORDING: Approval of a Resolution Ratifying an Interlocal Agreement (ILA)
between Monroe County and City of Marathon transferring 53 Affordable Housing ROGO
Allocations (8 Very Low; 8 Low; 33 Median; and 4 Moderate) to the City for the Seaward Properties
redevelopment project. The BOCC approved the ILA on October 18, 2017 with additional language
pertaining to the 380 Agreement between the County, local municipalities, and DEO regarding
unused ROGO allocations in the City of Key West. This ILA is proposed by Seaward Properties
Redevelopment. This is not a low income housing tax credit (LIHTC)project. The City of Marathon
approved this Amended ILA with the BOCC's requested changes on May 28, 2019.
ITEM BACKGROUND:
On October 18, 2017, the BOCC approved an Interlocal Agreement (ILA)with the City of Marathon
transferring 53 affordable housing ROGO allocations from the County to the City for the Seaward
properties redevelopment project in Marathon. The BOCC requested that the ILA be revised to
indicate that it fulfills the terms of the 380 Agreement between the County, local municipalities, and
DEO, regarding unused ROGO allocations in the City of Key West. The following language has
been added to the ILA, and was approved by the Marathon City Council at their May 28, 2019
meeting:
d. This transfer shall be considered to fulfill the requirement stated in item 4.,
page 3,of the 380 Agreement executed on December 21, 2017, between,the State of Florida
Department of Economic Opportunity, the County of Monroe, City of Key West,
slarntorada, Village of:Islands, City of Layton, and the City of Marathon for the transfer
and distribution of BP, S units from the City of Key West to Monroe County and transfer
and distribution of ROODO allocations from MonToe County to lslamorxada, Village of
Islands, City of Layton, and the City of Marathon, in which the County agrees to provide
eleven (11) permanent ROGO units to, the City of
The breakdown of income categories for the 53 ROGOs being transferred to the project is as
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follows:
8 Very Low - 50% of median (located at the Sombrero Country Club)
8 Low - 80% of median (1 BR's Seaward)
15 Median 100% of median (1 BR's Seaward)
18 Median 100% of median (2 BR's Seaward)
4 Moderate 120% of median (3 BR's Seaward)
The City has indicated that this is not a project seeking low income housing tax credit(LIHTC)
funding.
PREVIOUS RELEVANT BOCC ACTION:
December 14, 2016 —BOCC considered the Interlocal Agreement between Monroe County and City
of Marathon transferring 53 Affordable Housing ROGO Allocations for the Seaward project. The
BOCC did not approve the ILA, as it was not leveraging state funding and the BOCC further
discussed the possibility of receiving allocations from the City of Key West and stated the
commission may consider this ILA request at a later date.
September 27, 2017 —the BOCC approved an Agreement between the State of Florida Department
of Economic Opportunity, the County of Monroe, City of Key West, Islamorada, Village of Islands,
City of Layton and the City of Marathon for the transfer and distribution of BPAS units from the
City of Key West to Monroe County and the transfer and distribution of ROGO allocations from
Monroe County to Islamorada, Village of Islands, City of Layton and the City of Marathon,pursuant
to Section 380.032(3), Florida Statutes. Pursuant to this agreement, Monroe County is receiving 104
unallocated BPAS units accumulated in years one (1)through four(4)from the City of Key West's
allocation system to allocate to an Affordable Housing project("The Quarry")located on Big
Coppitt Key. Monroe County is also providing permanent ROGO units to the municipalities
participating in the agreement, based upon their percentages of vacant land, as provided in 2012
Hurricane Evacuation Clearance Time MOU: Marathon 11.83 units, Islamorada 10.25 units, and
Layton 0.12 units.
October 18, 2017 — BOCC approved an Interlocal Agreement between Monroe County and the City
of Marathon transferring 53 Affordable Housing ROGO Allocations (8 Very Low; 8 Low; 33
Median; and 4 Moderate) from Monroe County to the City of Marathon. The BOCC requested that
the ILA be revised to indicate that it fulfills the terms of the 380 Agreement between the County,
local municipalities, and DEO, regarding unused ROGO allocations in the City of Key West.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Marathon Resolution 2019-58
Resolution Ratifying Seward ILA
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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:
N/A
REVIEWED BY:
Steve Williams Completed 06/03/2019 4:11 PM
Emily Schemper Completed 06/04/2019 1:49 PM
Assistant County Administrator Christine Hurley Skipped
06/04/2019 1:56 PM
Maureen Proffitt Completed 06/04/2019 1:56 PM
Budget and Finance Completed 06/04/2019 2:06 PM
Maria Slavik Completed 06/04/2019 3:00 PM
Kathy Peters Completed 06/04/2019 3:45 PM
Board of County Commissioners Pending 06/19/2019 9:00 AM
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Sponsored hy: Lindsey
CITY OVMARA,r11ON, FLORIDA
R-ESOLUTION 2019-58
A RESOIATTION OFTHIi (o ,JTYOF MARATHON, MORIDA APPROVINC'
INO MR REVISIONS T AN JNTERt,OCAJ, U"N'REEMENT BETWEEN
MONROE COUNTY AND TIM C[TV OF MARATHON TRANSFERRING
AFFORDABI,E HOUSING RESIDEN'rIAL A11,0CATION FOR A
PROJECT IN THE NAMES OF' SEAWARD LANDINGS UX AND LO
SEAWARD POINTE 1AA'; AND PROVIDING FOR AN EFFECTIVU, DATI',,
WHEIZEAS, the City ol'Mat-athon (the "C.'.Ity-) wishes to hitei,4)cal Aorcen'IM 4)
with Molime 0:)unly(the'Vounly")miginallyappi-oved Ulldel-1",CSOILdion '201 6-114 66i�the pl,Wposes
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Of"I"naiisfen-ing affoi-dable housing umt allocatKcmls,- alld
WHEREAS, the .Inca~ Agreement with the County is in the best interest of Mollme
Cotmiyand the("it), ol:'Mamlhon loi the purposeso fim-oviding op},`por-ftm j ties
NOW,THEREFORE,BE IT RESOLVED BV-r1IE CITYCI OUNCII.,OFTM,:C.ITY
OF MARATHON, FJJ)R1DA, THAT:
Section 1. 'n,eahove iveitak ai e tnie and conwt and incoijimated hucin. E
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Section 2. The Revise(.1 Tnterlocal Ageement (ILA) attached hereto as ["xhibit "A", L?
between Monroe Countv and the City M'Mamthon Affordable lAousing Residential
Allocations Foi- A I'm ect Kiwwn As Seawai-d Pi,oputies 111-(` is hei-ehy approved. The Mayor is C14
authorized to sign the ILA on behalf call`the and the City Nvlanagei- is author-ized to expend .2
bUdgeted funds mi behall'ofthc City, 0
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Section 3. The Cleit is authoi`ized to tnuismil this l�esoli.itioj,-) ,iii(iittaclied ]LA to the
Monroe Count 0
y Growth Manage�i-ient a,nd the Attomicy's office.
Section 4. This resolUdOfl S11RIJ lake effeet immediately upon its actoj)tion.
PASSED AND APPROVED 13Y THE COUNCII, OF TijE C I i'v of E
MARATHON, FLORMA, 1411S 28"' DANI OF MAY, 2019.
THE CITY OF MARATHON, FLORIDA
'Join Bartus, Mayor
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AYES: Cook, Gonzalez, Senni-artin, Zing, Bailus
NOES: None
ABSENT: None
ABSTAIN. None
ATTEST: Lo
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Diatw Clavier. City Cle:rl�
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(City scal)
APPROVED AS TO FORM AND LEG'ALITY FOR THE USE
AND RELIANCE OFTH E CITY OF MARA,rHON, FLORIDA ONL,Y.-
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Ddvid Migut, City Itorney
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EXHIBIT A
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INTERLOCAL AGREEMENT BETWEEN
MONROE COUNTY AND THE CITY OF MARATHON
TRANSFERRING AFFORDABLE HOUSING RESIDENTIAL ALLOCATIONS
This Agreement ("Agreement") is made and entered into this day of
2017, 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,
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a municipal corporation of the State of Florida, whose address is 9805 Overseas Highway,
Marathon, Florida 33050 (the "City");
WITNESSETH:
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WHEREAS, Monroe County and the City of Marathon recognize the value of regional
partnerships in smart growth; and
WHEREAS, Policy 101.3.10 of the Year 2030 Monroe County Comprehensive Plan
allows Rate of Growth Ordinance building permit allocations (ROGOs) for affordable housing
projects to be pooled and transferred between local government jurisdictions within the Florida
Keys Area of Critical State Concern, if accomplished through an interlocal agreement between the
sending and receiving local governments; and
WHEREAS, Chapter Five(5) of the City Comprehensive Plan identifies goals, objectives 00
and policies to provide for development pursuant to intergovernmental coordination and interlocal M
agreements; and
WHEREAS, Monroe County and the City of Marathon have previously entered into
interlocal agreements to transfer ROGOs; and
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WHEREAS, Monroe County and the City of Marathon recognize the potential economic
value of such transferable affordable allocations; and o
WHEREAS,this Agrecment is entered into according to the authority of Florida Statutes,
Section 163.01, el. seq., Florida Interlocal Cooperation Act of 1969, which states:
"It is the purpose of this section to permit local government units to make the most
efficient use of their powers by enabling them to cooperate with other localities on
a basis of mutual advantage and thereby to provide services and facilities in a
manner and pursuant to forms of governmental organization that will accord best
with geographic,economic,population,and other factors influencing the needs and
development of local communities"; and
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WHEREAS, the comprehensive plans of Monroe County and the City of Marathon
expressly identify interlocal agreements as a means of resolving issues mutually affecting their
respective jurisdictions; and
WHEREAS, SEAWARD PROPERTIES, LLC, a Florida limited liability company
(hereafter"Property Owner"), has submitted an application for the construction of fifty-three (53)
deed restricted affordable housing units; and
WHEREAS,the legal descriptions of the properties are attached hereto as Exhibit"A"and
Exhibit"B" and by reference made a part hereof.
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WHEREAS, County hereby agrees to transfer to City fifty-three (53) affordable housing
allocations to allow Marathon to secure deed restricted affordable housing at the above properties.
WHEREAS,the parties have determined that this Agreement is in the best interests of the o
public.
NOW, THEREFORE,the parties hereto agree as follows:
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Section 1. TRANSFER: The parties agree to permit the transfer of fifty-three (53)
affordable housing ROGO allocations from Monroe County to the City of Marathon, and subject
to the conditions contained therein, including but not limited to:
a. The filing of a 99 year Affordable Housing Deed Restriction on all
of the fifty-three (53) affordable housing units pursuant to this Agreement and the 00
applicable requirements of Code of Ordinances, City of Marathon, Florida and
similar requirements of the Florida Building Code.
b. The affordable housing shall be solely in the categories of income
as shown below and set forth in Section 104.03 of the City of Marathon Code.
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C. A detailed breakdown of the affordable housing allocations are set forth
below: o
8 Very Low—50% of median income (located at the FKR)
8 Low—80% of median income(I BR's Seaward)
15 Median— 100% of median income(1 BR's Seaward)
18 Median— 100% of median income (2 BR's Seaward)
4 Moderate— I20% of median income (3 BR's Seaward)
The breakdown by percentages is:
8 @ 50% median income = 15%
8 @ 80% median income= 15%
33 @ 100%median income=62%
4 @ 120%median income= 8%
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d. This transfer shall be considered to fulfill the requirement stated in item 4.,
page 3,of the 380 Agreement executed on December 21,2017,between the State of Florida
Department of Economic Opportunity, the County of Monroe, City of Key West,
Islamorada, Village of Islands, City of Layton, and the City of Marathon for the transfer
and distribution of BPAS units from the City of Key West to Monroe County and transfer
and distribution of ROGO allocations from Monroe County to Islamorada, Village of
Islands, City of Layton, and the City of Marathon, in which the County agrees to provide
eleven (11) permanent ROGO units to the City of Marathon. LO
Section 2. ASSIGNMENT: Monroe County has assigned its rights to the affordable
allocations to the City and shall be designated as follows:
a. The fifty-three (53) affordable housing allocations are to be issued by the o
City to be used specifically by Property Owners.
b. The affordable housing allocations shall be applied and designated as
affordable housing for the fifty-three (53) units to be constructed by the Property Owners.
Section 3. TERM: Subject to and upon the terms and conditions set forth herein, this
Agreement shall continue in force until fully performed by the parties and Property Owner or until
12/31/19 at which time said units will revert to the County if not utilized and committed as
described herein.
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Section 4. NOTIFICATION: The City of Marathon shall (1) notify Monroe County
of any assignment(s) and successor(s) in interest or title to the Property Owner for the duration of
the ROGO allocations described in Section 1. ("Transfer") above, and (2) shall notify Monroe
County of any assignment(s)and successor(s)in interest or title to the ROGO allocations described o
in Section 1. ("Transfer") above at least thirty (30) days prior to the date of such transfer or
succession by certified U. S. Postal Service Certified mail to the Monroe County Planning & a
Environmental Resources Senior Director.
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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
PIanning & Environmental Resources Department
Attn: Senior Director
2978 Overseas Highway
Marathon, FL 33050
Section 5. GOVERNING LAWS/VENUE: This Agreement shall be construed in
accordance with and governed by the laws of the State of Florida and the United States. Exclusive
venue for any dispute arising under this Agreement shall be in the Sixteenth Judicial Circuit in and
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for Monroe County, Florida. In the event of any litigation, the prevailing party is entitled to a
reasonable attorney's fee and costs. This Agreement is not subject to arbitration.
Section 6. NONDISCRIMINATION: The parties agree that there will be no
discrimination against any person, and it is expressly understood that upon a determination by a
court of competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any party, effective the date of the court order.
The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as
applicable, relating to nondiscrimination. These include but are not limited to (1) Title VI of the
Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color
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or national origin; (2) Section 504 of the Rehabilitation Act of 1973, as amended (20 U.S.C. s.
1975, as amended (42 U.S.C. ss. 6101-6107)), which prohibits discrimination on the basis of age;
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(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, o
relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (6) The Public Health
Service Act of 1912, ss. 523 and 527, (42 U.S.C. ss. 290 dd-3 and 290 ee03), as amended,relating
to confidentiality of alcohol and drug abuse patient records; (7) The Americans With Disabilities
Act of 1990 (42 U.S.C. s. 1201 Note), as may be amended from time to time, relating to
nondiscrimination on the basis of disability; (8) The Florida Civil Rights Act of 1992, (Chapter
760, Florida Statutes, and Section 509.021, Florida Statutes), as may be amended from time to
time,relating to nondiscrimination; and (9) any other nondiscrimination provisions in any federal
or state statues or local ordinances which may apply to the parties to, or the subject matter of, this
Agreement.
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Section 7. CODE OF ETHICS: The parties agree that their officers and employees
recognize and will be required to comply with the standards of conduct relating to public officers
and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to,
solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation;
misuse of public position, conflicting employment or contractual relationship; and disclosure or
use of certain information.
Section S. NO SOLICITATION/PAYMENT: The parties warrant that, in respect to 0
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 E
or resulting from the award or making of this Agreement. For the breach of violation of this
provision, each party agrees that the other party shall have the right to terminate this Agreement
without liability and, at its discretion, to offset from monies owed, or otherwise recover the full
amount of such fee, commission, percentage, gift, or consideration.
Section 9. SUBORDINATION: This Agreement is subordinate to the laws and
regulations of the United States and the State of Florida, whether in effect on commencement of
this Agreement or adopted after that date.
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Section 10. INCONSISTENCY: If any item, condition, or obligation of this
Agreement is in conflict with other items of this Agreement,the inconsistencies shall be construed
so as to give meaning to those terms which limited the County's responsibility and liability.
Section 11. PUBLIC ACCESS TO RECORDS: The parties shall allow and permit
members of the public reasonable access to, and inspection of, all documents, papers, letters, or
other materials subject to the provisions of Chapter 119,Florida Statutes, and made or received by
the parties in conjunction with this Agreement.
Section 12. NON-RELIANCE BY NON-PARTIES: Other than as stated herein, no
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person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to
enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the parties agree that neither the County nor the City or any
agent, officer, or employee of each shall have the authority to inform, counsel, or otherwise
indicate that any particular individual or group of individuals, entity or entities,have entitlements o
or benefits under this Agreement separate and apart, inferior to, or superior to the community in
general or for the purposes contemplated in this Agreement.
Section 13. NO PERSONAL LIABILITY: No covenant or agreement contained
herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee
of a party in his or her individual capacity, and no member, officer, agent or employee of a party
shall be liable personally on this Agreement or be subject to any personal liability or accountability
by reason of the execution of this Agreement.
Section 14. NOTICES: All notices and other communications hereunder must be in 00
writing and addressed as follows, or to any other address which either party may designate to the
other party by mail:
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If to County: Roman Gastesi, Jr., County Administrator
Monroe County Historic Gato Building
1100 Simonton Street
Key West, Florida 33040
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Planning& Environmental Resources Department
Attn: Senior Director
2798 Overseas Highway
Marathon, FL 33050 E
With a copy to: Robert B. Shillinger, Jr., Esquire
Monroe County Attorney's Office
P.O. Box 1026
Key West, Florida 33041-1026
If to City: Charles Lindsay
City Manager
City of Marathon
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9805 Overseas Highway
Marathon, Florida 33050
George Garrett
Planning Director
City of Marathon
9805 Overseas Highway
Marathon, FL 33050
With a copy to: David Migut, Esquire
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City Attorney
City of Marathon
9805 Overseas Highway
Marathon, FL 33050
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Thomas D. Wright, Esq.
Law Offices of Thomas D. Wright, Chartered
9711 Overseas Highway
Marathon, FL 33050
Attorney for Property Owner
Any notice required by this Agreement to be given or made within a specified period of
time, or on or before a date certain, shall be deemed to have been duly given if sent by certified
mail, return receipt requested, postage and fees prepaid; hand delivered, or sent by overnight
delivery service. 00
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Section 15. ENTIRE AGREEMENT/MODIFICATION/AMENDMENT: This
writing contains the entire Agreement of the parties and supersedes any prior oral or written
representations. No representations were made or relied upon by either party,other than those that
are expressly set forth herein. No agent, employee, or other representative of either party is 0
empowered to modify or amend the terms of this Agreement, unless executed with the same
formality as this document.
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Section 16. MISCELLANEOUS: Each party represents and warrants to the other that
the execution, delivery, and performance of this Agreement has been duly authorized by all
necessary corporate or other organizational action, as required.
Section 17. COUNTERPARTS: This Agreement may be executed in several
counterparts,each of which shall be deemed an original,and such counterparts shall constitute one
and the same instrument.
Section 18. SEVERABILITY: The provisions of this ILA are declared to be severable,
and if any sentence, section, clause, or phrase of this ILA shall, for any reason, be held invalid or
unconstitutional, such decision shall not affect the validity of the remaining sentences, sections,
clauses, or phrases, of the ILA, but they shall remain in effect, it being the legislative intent that
this ILA shall stand notwithstanding the invalidity of any part.
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Section 19. EFFECTIVE DATE: This Agreement shall take effect on the date set
forth above.
SIGNATURES ON FOLLOWING PAGES
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IN WITNESS 'fir HF'RF,',0F, each party has caUsed this Agreement to be executed by its
duly authorized representative,
(SEAL) BOARD OF C01 fNTY COMMISSIONERS
OF MONROE COUNTY. FLORII)A
A'I'TEST� KEVIN MA,DOK, CLERK
By:_ By:
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Deputy C I erk Mayo i-/Chairperson
Date: ..........
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APPROVED ASTO FORM AND m
L.F G A L S I J l""I'l C I E"N CY
By:
Assistant County Attorney
ATTE,ST: TH" C"FY 01 MARA"I'l,K)N,FLORIDA E
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.......... . ..............
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DIANE CLAVIER Malym 61 rl u
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City Clerk
(City Seal) 0
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APPROVED AS TO FORM AND
LEGALITY FOR TT II' 1JSE AND
RELIANCE OF THE CITY OF'
MARATHON, FLORIDA ONLY E
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avid Mig, it
City Allorney
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EXHIBIT A
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VGAI. DGSCP.IPTIOIN
TITIS IS NOT A SURVEY .. •-:,r.lt�;�1
LEGAL DESCRIPTION PREPARED AT REQUEST OF CLIENT:
PARCEL B:
SITUATED IN THE COUNTY OF MONRCF-, STATL OF FLORIDA AND
KNOWN AS BEING A PART OF GOVERNMENT LOT 4, SECTION 1,
TQNNSHIP 66 SOUTH, RANGE 32 EAST ON KCY VACA AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOIAIS: Its
COMMENQINC Al A POINT WHERE THE SOUTFIERL" RIGHT—OF—WAY OF
U. S. HIGHWAY NO. 1 INTERSECTS WITH THE 'NEST LINE OF SEC-HON
12, TOINNSHiP 66 SOUTH, ;MANGE 32 EAST, BEAR NORTH 67 �
DEGREES, 51 MINUTES, 00 SECONDS EAST ALONG SAID SOUTHERLY 0
RIGHT—OF—WAY OF SAID U. S, HIGHWAY NO. 1 RIGHT—OF—WAY A
DISTANCE OF 3520748 FFEI' '10 '.HE POINT OF BEGINNING OF THE
PROPERTY HEREINAFTER DESCRIBED, SAID PCJ4T ALSO BEING AT A
POINT WHERE THE SOUTHERLY RIGHT—OF—WAY LINE OF U. c.
HIGHWAY NO. 1 INTERSECTS W!1F! '[FIEL'JCST' LINE OF THE FAST
ONE—HALF (EAST 1/2) OF A PARCEL OF LAND AS DESCRIBED IN
OFFICIAL RECORD BOOK 781, PAGE 532 OF THE MONROE COUNTY,
FLORIDA, PUBLIC RECORDS; THENCE CONTIN�JE NORTH 57 DFGRFES, _
51 MINUTES, 00 SECONDS FAST, ALONG THE SAID SOUTHERLY
RIG1-IT—OF--WAY LINE, FOR A DISTANCE OF 235.04 FEET TO A POINT
ON A [!NE BEING THE EAST LINE OF SAID PARCEL; THENCE BEAR
SOUTH 00 DEGREES, 00 MINUTES, 00 SECONDS EAST ALONG SAID
EAST LINE A DISTANCE OF 459.93 FEET TO THE !'C111j CF 13E1 NmNG
OF THE PROPERTY HER[--INAFTER DESCRIBED; TH-.NCF CONTINUE
SOUTH 00 DEGREE , 00 MINUITFS, DO SECONDS EA5T, ALONG SAID
L1NF, A DISIANCE OF 349.08 FFFT, YORE OR LESS, TO THE
SFIOREI_I'NC OF THE STRAITS OF FLORIDA; THENCE MEANDER THE
.,TRAITS OF FLORIDA IN A SUUTHWESTERL'' DIRECTION, ALONG THE
SOUTHERLY LINE OF SAID PARCEL, TO A POINT ON THE WEST LINE: 00
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OF SAID PARCEL; THENCE BEAR NORTH 00 DEGREES, CO ivi!-NIUTE.S,
00 SECONDS VVEST, ALONG SAID LINE, A DISTANCE OF 693.01 fFF I,
,Iv10RE OR LESS, TO THE SOUTHERLY LINE OF PARCEL A AS
PREVIOUSLY DESCRIBED;T}FENCE BEAR NORTH 83 DEGREES, 09
MINUTES-, 07 SECONDS EAST, ALONE SAID SOUTHEKI.Y LINE, A
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DISTANCE OF 178.26 FEE[; `HLIICE DEAR NORTI 15 DEGREF�, 2U
MINUTES, 39 SECONDS EAST, ALONG SAID SOUTHERLY LINE, A
DISTANCE OF 122.19 FEET, BACK TO 1HE EQIJNT OF BEGIIVNI�iC• (SAID U)
! PARCEL CONTAINING AN AREA OF 37,910.519, PLUS UR M!NUS, 0
SQUARE FOOT, 2.018 ACRES, MORE OR LESS.)
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6TIi15 PREPARED LEGAL DESCRIPTJON IS HAM)ON LEGAL DESC':RIMON AS FURNISHED BY CLIENT'.
THIS ME:YCH IS EASED UPON PRIOR SURVEY BY TIl15 OFFIrF DATED(I;I,p5=16.
2)NO LHGAI.I)PSCRIP11Oa FURNISIH[O FOR U'ILITIES.UTILir LINES,POu'BR FOLES AND SF.WFIt ++
HOOK UPS,ll'H ERE AtTLI CABLE,Nf:A Y HAVD-ACQUIRED PRCSCR1TT(V E FASFro PIM.AND TI IF-RPI'I)J(E �
ARL ROT 5JIOW�'N AS UNL'ROACHM FLATS,
3)ALAWr10N'S OR DELETIONS TO THIS S1JRVEY SKETCH BY OTHFRS THAN I"HE SIGN'1NG PARTY SC
PROHIBITED WITHOUTWRITI EN CONS LILT OFTHESIGYIN(;PA111 Y.
4)DMIENSIONS tMEASURFMEN'FSl ARE SHCRVv 10 THE NEAREST 0N5 FIL.SLIRami OF A FOOT Cv,Wli)AS
',IF,ASUR EFJ IIOiRV.O.NTALLY IN ACCOROANCE wrli UNITED STATES STANOARD(FOLLOWINC ZEROS ++
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Ili)L(MI FAT10N OF LIABILITY RECOVERY F011105E 1tE:�'1TI'fFANAtdGD.
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10
Packet Pg. 1069
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THIS IS NOT A SURVEY
LEGAT. DESCRIPTION PREPARRD AT_R CQ JEST OF CLIENT;
PARCEL A:
SITUATED IN THE COUNTY OF K40NROF-, ;aTAT� O� FL.ORIL')A AND
KNOWN AS BEING A. PART OF CVERNMENT LOT 4, SECTION 1,
TOWNSHIP 65 SOUTH, RAN'GF 37 FAST ON KEY MACA FIND HEING tO
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11. S. IHIC iVrAY NO. ) INTERSECTS 4Ui119 TILT WEST LINE OF SECTION
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PROPERTY HERFINAFTEFI DESCRIBED, SAID POINT ALSO BEING AT A
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k"ICHWAY N0. 1 INTERSECTS 1411TH THE WEST LINT OF THE FAST m
ONE-HALF (LAS 1/2_) Of A PARCEL OF LAND AS DLSCRIBLD IN
OFFICIAL RFCCRD BOOK 781, FALL 532 OF THE MONF.OL COLJN'iY,
FLCRIDA, HU'LK,' RLCONDS; €H[cN(;k
51 IJINUTES, 00 SECONDS EASI, ALONG' 1H_ SAID SOUTHERLY
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SOUTH 00 DECREES, CO MINUTES, CO SECONDS EAST ALONG SAID
EAST I !IgE A DISTANCF OF 459,93 FEET; THENCE BEAR SOUTH 45
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Packet Pg. 1073
1.5.b
RESOLUTON NO. -2019
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
RATIFYING THE INTERLOCAL AGREEMENT DATED
OCTOBER 18, 2017 REGARDING THE TRANSFER OF
FIFTHY-THREE (53) RATE OF GROWTH ALLOCATIONS
FROM THE COUNTY TO THE CITY OF MARATHON FOR
THE PURPOSES OF BUILDING AN AFFORDABLE
HOUSING PROJECT KNOWN AS THE SEAWARD LO
PROJECT.
3
WHEREAS, the City and the County entered into an Interlocal Agreement (ILA) �s
regarding the affordable housing project known as the SEAWARD project on October 18, 2017;
and
WHEREAS, the Board's approval on October 18, 2017 required that the text of the ILA
be amended from that which appeared on the agenda; and
WHEREAS, the text changes have been made as set forth in the version that is attached
hereto and incorporated by reference herein as Exhibit A to this resolution; and
WHEREAS, due to the passage of time since the approval by the Board, the Clerk has
requested that the Board ratify the ILA so that the record is clear as to the operative language in
the ILA; and
WHEREAS,the ILA included a condition in Section 3 that the Fifty-three(53)units would
revert to the County if said units were not utilized and committed by December 31, 2019; and
WHEREAS, the City of Marathon has provided sufficient evidence that the units have
been committed and that construction is ongoing;
WHEREAS,the Marathon City Council ratified the updated agreement on May 28, 2019.
0
U)
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY �
COMMISSIONERS OF MONROE COUNTY,FLORIDA:
1. The Interlocal Agreement between the County and the City which transferred
Fifty-three(53)Rate of Growth Allocations from the County to the City for use
in the affordable housing project known as SEAWARD PROJECT is hereby
ratified nunc pro tunc to OCTOBER 18, 2017. The ILA shall be interpreted to
have been in full force and effect since OCTOBER 18, 2017.
2. The condition precedent set forth in Section 3 of the ILA has been satisfied and
the units are vested in the project and will not revert to the County.
Page 1 of 2
Packet Pg. 1074
1.5.b
3. This resolution shall take effect upon adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 190,day of June, 2019.
Mayor Sylvia Murphy
Mayor Pro Tem Danny L.Kolhage
Commissioner Heather Carruthers
Commissioner Michelle Coldiron
Commissioner David Rice LO
3
(Seal) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN NIADOK, CLERK OF MONROE COUNTY,FLORIDA
By: By:
Deputy Clerk Mayor Sylvia Murphy
MROE Ott A
At�PR To
AEbIVANT GOUN A ORME
a
Page 2 of 2
Packet Pg. 1075