Item I6 1.6
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.6
Agenda Item Summary #5634
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 34 low income Affordable House ROGO
Allocations from Monroe County to the City of Marathon. This ILA is proposed by CB Schmitt Real
Estate Company, Inc., Callianasa Corp., Key Vaca LLC, Driftwood LLC, and Twenty-Third Street
LLC, requesting 34 affordable allocations in order to deed restrict 34 units which are currently
market rate units. The ILA was approved by the BOCC on 12/14/16 (Item H5) with an additional
condition pertaining to transferring market rate allocations back to the County.
ITEM BACKGROUND:
On December 14, 2016 the BOCC approved an Interlocal Agreement (ILA)between Monroe County
and the City of Marathon transferring 34 affordable housing allocations in order to deed restrict 34
units which are currently market rate units. The ILA states the request is for 34 low income
allocations, including the occupants of units restricted with these allocations must earn at least 70%
of their income within Monroe County. At the December 14, 2016 meeting, the BOCC requested
that the ILA include a condition that at least 17 of the market rate allocations associated with the site
be transferred back into unincorporated Monroe County.
The requested changes have been made to the ILA, and were approved by the City of Marathon at
their May 28, 2019 City Council meeting. Given the amount of time that has passed since the
BOCC's original approval, the proposed resolution ratifies the agreement.
The ILA request is for the following properties:
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1. Key' acai LLC
4 TOTAL U1 N ITS
4800 Overseas Hwy marathon FL
4-1 Bedroom/lBath apartments which are 480 sq ft each
All Median Income
2. Ca I 11 a n asa Corporation 6. Twenty Third Street LLC
8 TOTAL UNITS 3 TOTAL U N ITS
4819 63'4 ST 0 Marathon:FI 150-23"'ST 0 Marathon,F1
8-2bedroom/lbath apartments which are 824 sq ft each 1-18edroom/1Ba0%apartment which is 400 sq ft
All Median income 2-2 Bedroom/lBath apartments which aire 651 sq ft&631 sq ft
All Median income
3, Driftwood LLC 7,Twenty Third Street LLC
4 TOTAL UNITS 5 TOTAL.U N ITS 5
1087'5 Overseas Hwy Marathon,Fl 33050 393-23 ro:St 0 Marathon F1 Units 1-5
4FfflcJencies which are 360sqft, 294sq ft,216 sq,ft&210sqft 2-18,edroonn/lBath apartments which are 430sq ft each
All Low Income 3--Efficiencies which are 320 sq ft each
A14 Median Income
4. CB Sch mitt RE Co
2 TOTAL UN I IS 8. Twenty Third Street LLC
11085-1 st Ave Gulf Marathon,Fil 3 TOTAL UNITS
1-1Bedroom/1Bath apartment which is 672 sol ft 167,169&171-23'd St 0 Marathon,FI 33050
1-2 Bedroom/1 Bath apartment which is 7'36 sq It 3-1 Bedroorn/leath apartments of which 2 are 468 sq ft and I is
All Medlian income 432 sq ft
5.Twenty ThIrd Street LLC All Median Income
5 TOTAL UNITS TOTAL 34 units with 17,860 sq ft=/-of I lWng area
152-2V St 0 Marathon F1 units 1-5 11-2 bedroom/1 bath
3-1 Bedroom/18ath apartments-2 is 412.5 scl ft&2 are 386 siq ft 14-1 bedroolm/i bath
2-Efficiencies.-I is 3,44 sq ft and I is 362.5 sq ft 9-effirliencies
All,Low'Income
PREVIOUS RELEVANT BOCC ACTION:
December 14, 2016 — Item H5 — BOCC approved an Interlocal Agreement (ILA) between Monroe
County and the City of Marathon transferring 34 affordable housing allocations to the City of
Marathon. The BOCC requested that the ILA include a condition that at least 17 of the market rate
allocations associated with the site be transferred back into unincorporated Monroe County.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Marathon Resolution 2019-57
Resolution - Ratifying Schmitt ILA 34 Affordable ROGOs
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
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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:
Abra Campo Completed 05/31/2019 3:48 PM
Steve Williams Completed 06/03/2019 4:18 PM
Emily Schemper Completed 06/04/2019 11:50 AM
Assistant County Administrator Christine Hurley Skipped
06/04/2019 11:48 AM
Maureen Proffitt Completed 06/04/2019 12:06 PM
Budget and Finance Completed 06/04/2019 12:36 PM
Maria Slavik Completed 06/04/2019 12:52 PM
Kathy Peters Completed 06/04/2019 12:52 PM
Board of County Commissioners Pending 06/19/2019 9:00 AM
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Sponsored by: Lindsey
ATY OF MARA,niON, FLORIDA
RESOLUTION 2019-57
A RESOLUTION OF THE CITY OFMARATHON,FLORIDAAPPROVINN
MINOR REVISIONS TO AN INTEIZLO("At-, .AGREEMEN']"' BE'I'WEEN
MONROE COUNTY AND THE CITY OF MARATHON TRANSFERRING
AFFORDABLE HOUSING RESII)ENTIAL ALLOCATION FOR A
PROJECTINTUT,N!AAIE OF NIULTLPLE CORPORATIONS INCLUDING
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CALLAANASA,C0111",KEYVA( A LLC, DRI FTNVOOI)IJXI',("13 SCHMITT
REAL ESTATE COMPANV, INC, AND TWEN,rv-,r)I-I1R,I) STREET, LLCI
AND PROVIDFNC� FOR AN UIFFECTIVE DATE.
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WHEREAS, the City of Marathon (thc "(-'ity-) wishes to reviscamp Interlocal Agreemelit
With M0111'Oe COL1111y1 under Resolution 1016-124 florthepurpores
of"Fran sfen-i rig, aff6rdable 110USilIg U11fl. allc)catlons; and
WHEREAS, the Interlocal ,Agreement �,vith the Cou,n[y is in the best interest of Monroe
Coimtyand the City of'Ndarathoii 60rthC foratl6rdablehousing,
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NOW,THEREFORE, BE IT RESOLVED 13VTHE CYFN'('0UNcII,0F'rIjE(XI"N"
OF MARA11ION, FLORI DA, THAT:
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Section 1. The above recitaLs are true and correct and incorporated herein
L?
C)
Section 2. The Revised hiterlocal A-reeinent (ILA) aftachod hereto as Exhil)il "A",
C14
between Monroe County and the. City of Ma rat h o 11 Tra n s f'ern iig,. Affordable I lousing Residential Allocations ForA Project Known As (' 13 Schaiittel al is he rehy approved. The .2
to sign the,ILA can beliall'ofthe City, and the City Manager is authorized to expend budgeied funds
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on behalf of the U)
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Section 3. The Clerk is aL1010Yized to transmit this Resolut ion and attached ILA to the
Monroe Count.y Growth Management Division and (lie Attorney's office,
Section 4, I'llis resoluLlorli Shall take e.f."I' et inin'iediatelN Lipori it.'s, adojrrtion,
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PASSED AND APPROVED BY THF CITY CIOUNCIL OF TIE C]TY 0 F
MARATHON, FLORIDA, THIS 28"' DAY OF MAY, 2019.
T11F C'ITY OF MARATI101N, FLORIDA
1 r
John . af-tuns, yo r.
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AYES. Gonzalez, `emilartin, Zieg, Bartus
ES: "None
ABSENT: None
ABSTAIN: None.
.d .. 0
Di anca C'Iavier, City Clerk
(City Seal)
APPROVE 1) AS ,rO FORM AND LEGALITY FOR THE USE
AND RELIANCE OF THE CITY CIF' ARAT ON, FLORIDA ONLY:
� M E
Da id Migut, City Akforney
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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,
a municipal corporation of the State of Florida, whose address is 9805 Overseas Highway,
Marathon, Florida 33050 (the"City")-
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WITNESSETH: o
WHEREAS, Monroe County and the City of Marathon recognize the value of regional
partnerships in smart growth; and
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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 E
sending and receiving local governments; and
WHEREAS,Chapter Five(5)of the City Comprehensive Plan identifies goals,objectives
and policies to provide for development pursuant to intergovernmental coordination and interlocal
agreements; and
WHEREAS, Monroe County and the City of Marathon have previously entered into
Interlocal Agreements to transfer ROGOs; and
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WHEREAS, Monroe County and the City of Marathon recognize the potential economic
value of such transferable affordable allocations; and
WHEREAS,this Agreement is entered into according to the authority of Florida Statutes,
Section 163.01, et. seq., Florida Interlocal Cooperation Act of 1969, which states:
"It is the purpose of this section to permit local government units to make the most
efficient use of their powers by enabling them to cooperate with other localities on
a basis of mutual advantage and thereby to provide services and facilities in a
manner and pursuant to forms of governmental organization that will accord best
with geographic,economic,population,and other factors influencing the needs and
development of local communities"; and
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WHEREAS, the comprehensive plans of Monroe County and the City of Marathon
expressly identify interlocal agreements as a means of resolving issues mutually affecting their
respective jurisdictions; and
WHEREAS, KEY VACA, LLC, a Florida limited liability company; CALLIANASA
CORP., a Florida corporation; DRIFTWOOD, LLC, a Florida limited liability company; CB
SCHMITT REAL ESTATE COMPANY, INC., a Florida corporation; and TWENTY-THIRD
STREET,LLC,a Florida limited liability company(collectively"Property Owners"),wish to deed
restrict up to thirty-four(34) units that currently are market rate units as affordable housing, and i
WHEREAS, the owner and Iegal descriptions of the units are as follows:
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KEY VACA, LLC—Parcel ID No. 00327140-000100; Alt. Key No. 8758961
4800 Overseas Highway, Apts. 1, 2, 3, 4—Four(4)Units
Marathon, FL 33050
Situated in the County of Monroe and State of Florida and known as being a part
of Lot 4 of Thompson and Adams Subdivision of a part of Government Lot 1,
Section 10, Township 66 South, Range 32 East on Key Vaca as shown by plat
recorded in Plat Book 2, Page 24, of Monroe County, Florida Public Records and o
more particularly described as follows:
Commencing on the northerly right-of-way line of Old State Highway 4-A at the
southeasterly corner of Lot 4 of Thompson and Adams Subdivision as shown by
plat recorded in Plat Book 2, Page 24 of Monroe County, Florida Public Records,
bear North along the East line of said Lot 4, 230.29 feet to THE POINT OF LO
BEGINNING of that portion of Lot 4 herein intended to be described, from said
Point of Beginning bear northwesterly on the arc of a curve, deflecting to the left, cv
79.31 feet, said curve having a radius of 50.49 feet, the chord of which bears North
45 degrees, 00 minutes, 00 seconds West 71.40 feet to a point of inflection; thence
continue northwesterly on the are of a curve,deflecting to the right,40.03 feet,said
curve having a radius of 25.49 feet the chord of which bears North 45 degrees, 00
minutes, 00 seconds West 36.05 feet to a point of tangency; thence bear North
342.55 feet; thence bear East 75.97 feet to a point on the East line of said Lot 4;
thence bear south along the East line of said Lot 4, 418.55 feet back to the Point of
Beginning, subject to Easements set forth in Grant of Easement of even date
herewith, executed by Grantee in favor of Grantor.
CALLiANASA CORP.—Parcel ID No. 00340030-000000; Alt. Key No. 1417645
489 63`d Street,Apts. 1-8 Eight (8) Units
Marathon, FL 33050
Lots 8 and 9, Block C, SHERYL SUBDIVISION 92, according to the Plat thereof as recorded in
Plat Book 4, Page 43 of the Public Records of Monroe County, Florida, together with
improvements thereon.
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DRIFTWOOD, LLC Parcel ID No. 00326390-000000; Alt. Key No. 1400416
10875 Overseas Highway, Apts. 201, 202, 203, 204—Four(4)Units
Marathon, FL 33050
All that tract or parcel of land situate in Section 6, Township 66 South, Range 33
East, being part of"KEY COLONY TRACT" as surveyed by John P. Goggin, P.E.
& P.L.S., dated May 20, 1955 and filed August, 1955 at Plat Book 3, Page 108,
bounded and described as follows:
BEGINNING at a point in the North line of said Key Colony Tract, 4.72 feet
Easterly as measured along said North line, from the West line of said KEY
COLONY TRACT;thence,Northerly 77 degrees, 51 minutes East, along the North, cni
line of said KEY COLONY TRACT,a distance of 182.80 feet to an iron rod;thence
Southerly I I degrees, 23 minutes, 07 seconds East, a distance of 71.96 feet to an
iron rod; thence Southerly 4 degrees, 39 minutes 26 seconds West, a distance of
14.35 feet to an iron rod;thence southerly 47 degrees, 35 minutes,34 seconds West,
a distance of 123.35 feet to an iron rod; thence southerly 77 degrees, 12 minutes,
16 seconds West, a-distance of 96.09 feet to an iron rod; thence Southerly 64
degrees 43 minutes West, a distance of 61.36 feet to an iron rod; thence Northerly
48 degrees, 38 minutes, 40 seconds West, a distance of 20.60 feet to an iron rod;
thence Northerly 30 degrees, 48 minutes West, a distance of 19.25 feet to an iron
rod; thence Northerly 6 degrees 25 minutes 47 seconds West a distance of 72.50
feet to an iron rod, back to the POINT OF BEGINNING.
C B SCHMITT REAL ESTATE COMPANY, INC.
Parcel ID No. 00334490-000200; Alt. Key No. 8902026
11085 1"Ave., Gulf, East and West—Two (2) Units
Marathon, FL 33050 cv
A portion of
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The Northerly 100 feet of Lot 1, Block 1, KEY COLONY SUBDIVISION 43,
according to the Plat thereof as recorded in Plat Book 4, Page 10, of the Public
Records of Monroe County, Florida.
AND
The Southerly 33.85 feet of the Northerly 133.85 feet of Lot 1, and the Southerly
58.85 feet of the Northerly 133.85 feet of Lot 2, Block 1, KEY COLONY
SUBDIVSION#3, according to the Plat thereof as recorded in Plat Book 4, Page
10, of the Public Records of Monroe County, Florida.
AND
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The Northerly 75 feet of Lot 2, Block 1, KEY COLONY SUBDIVISION#3,
according to the Plat thereof as recorded in Plat Book 4, Page 10, of the Public
Records of Monroe County, Florida.
AND
The Northerly 75 feet of Lot 3, Block 1, KEY COLONY SUBDIVSION#3,
according to the Plat thereof as recorded in Plat Book 4, Page 10, of the Public i
Records of Monroe County, Florida.
AND
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The Northerly 75 feet of Lot 4, Block 1, KEY COLONY SUBDIVISION #3, o
according to the plat thereof as recorded in Plat Book 4, Page 10, of the Public
Records of Monroe County, Florida.
TWENTY THIRD STREET, LLC-Parcel ID No. 00320860-000000; Alt. Key No. 1395170
152 23`d Street, Ocean, Units I through 5 -Five (5) Units
Marathon, FL 33050
Lot 3, Block 2, SOMBRERO SUBDIVISION NO. 1, according to the Plat thereof E
as recorded in PIat Book 2, Page 31, of the Public Records of Monroe County,
Florida.
TWENTY THIRD STREET,LLC-Parcel ID No. 00320840-000100; Alt. Key No. 1395153 LO
150 23`d Street, Ocean, Units 1 through 3 -Three(3) Units
Marathon, FL 33050 cv
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Situated on Key Vaca in the County of Monroe, State of Florida, and known as
being a part of Lot 1, Block 2, SOMBRERO SUBDIVISOIN NO. 1, within 0
Government Lot No. 1, Section 9, Township 66 South, Range 32 East, as shown
by Plat recorded in Plat Book 2, Page 31, of the Public Records of Monroe
County, Florida, and bounded and described as follows:
BEGINNING at the southwesterly corner of Lot 1, Block 2, of said SOMBRERO
SUBDIVISION NO. 1, bear North along the West.line of said Lot 1 of Block 2,
40.91 feet; thence bear East 60.00 feet to a point on the Easterly line of said Lot l;
thence bear South 40.91 feet along the said Easterly line of Lot 1 to the
Southeasterly corner thereof; thence bear West along the Southerly line of said
Lot 1, 60.00 feet back to the POINT OF BEGINNING.
TWENTY THIRD STREET, LLC--Parcel ID No. 00320730-000000; Alt. Key No. 1395030
393 23`d Street, Ocean, Units 1 through 5 -Five (5) Units
Marathon, FL 33050
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Lot 5, Block 1, SOMBRERO SUBDIVISION NO. 1, according to the Plat thereof
as recorded in Plat Book 2, Page 31, of the Public Records of Monroe County,
Florida.
TWENTY THIRD STREET, LLC—Parcel ID No. 00320730-000000; Alt. Key No. 1395030
169, 171, & 167 23rd Street, Ocean—Three (3) Units
Marathon, FL 33050
Lot 2, Block 1, SOMBRERO SUBDIVISION NO. 1, according to the Plat thereof
as recorded in Plat Book 2, Page 31, of the Public Records of Monroe County,
Florida.
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WHEREAS, County hereby agrees to transfer to City thirty-four(34) affordable housing
allocations to allow Marathon to secure the above properties as deed restricted affordable housing. o
WHEREAS,the parties have determined that this Agreement is in the best interests of the
public.
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NOW,THEREFORE, the parties hereto agree as follows:
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Section 1. TRANSFER. The parties agree to permit the transfer of up to thirty-four
(34) affordable housing ROGO allocations from Monroe County to the City of Marathon, and E
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 thirty-four(34) affordable housing units pursuant to this Agreement and the
applicable requirements of the Code of Ordinances, City of Marathon, Florida and
the applicable provisions ofthe Florida Building Code.
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b. The affordable housing shall be solely in the categories of Iow
income housing. Renters of said units shall qualify as earning at least seventy 0
percent (70%) of their income within Monroe County.
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C. The transfer of the market rate rights from the properties to a
receiver site(s) approved by the City of Marathon and/or Monroe County under a
separate agreement with the Property Owners (See Section 2 below).
Section 2. ASSIGNMENT: Monroe County has assigned its rights to the affordable
allocations to the City and shall be designated as follows:
a. The thirty-four (34) affordable housing allocations are to be issued by the
City to be used specifically by KEY VACA, LLC, a Florida limited liability company, at the
development in Marathon known as 4800 Overseas Highway, Marathon, FL 33050;
CALLIANASA CORP.,a Florida corporation,at the development in Marathon known as 489 63`d
Street, Ocean, Marathon, FL 33050; DRIFTWOOD, LLC, a Florida limited liability company, at
the development in Marathon known as 10875 Overseas Highway, Marathon, FL 33050; CB
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SCHMITT REAL ESTATE COMPANY, INC., a Florida corporation, at the development in
Marathon known as 11085 Overseas 1"Ave., Gulf, Marathon, FL 33050; and TWENTY-THIRD
STREET,LLC, a Florida limited liability company, at the development in Marathon known as 152
23rd Street, Ocean, Apts. I-5, Marathon, FL 33050, 150 23" Street, Ocean, Apts. 1-3, Marathon,
FL 33050, 393 23rl Street, Ocean, Apts. 1-5, Marathon, FL 33050, and 167, 169, and 171 23"
Street, Ocean, Marathon, FL 33050.
b. The affordable housing allocations shall be applied and designated to low
income housing for particular units as set forth in Exhibit"A" attached hereto. i
C. Market rate residential units will become available for sale and transfer as
a result of the deed restriction of said market rate residential units as low-income affordable
housing provided through this ILA._Subject to the provisions of this ILA and by subsequent
Agreement between the City of Marathon and the Corporate entities defined herein (KEY VACA, o
LLC, CALLIANASA CORP., DRIFTWOOD, LLC, CB SCHMITT REAL ESTATE
COMPANY, INC., and TWENTY-THIRD STREET, LLC), a minimum of 17 and up to one
hundred percent or thirty-four (34) of the market rate residential units which become available
after the deed restriction of the affordable units shall be sold by said corporate entities to owners
whose receiver site properties exist within the unincorporated area of Monroe County,Lower Keys
Subarea. Transfers shall be approved and documented pursuant to the relevant administrative
procedures of the City of Marathon Comprehensive Plan and Land Development Regulations and
the Monroe County Comprehensive Plan and Land Development Regulations, including Minor
Conditional Use Permit approval. The decision on whether to transfer any market rate unit
allocations for use on properties located in the unincorporated portion of the County in excess of
the minimum of 17 units, shall be solely made by the Corporate owners based upon business
considerations. �-
era
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Section 3. TERM: Subject to and upon the terms and conditions set forth herein, this cv
Agreement shall continue in force until fully performed by the parties and Property Owner. If any
of the affordable allocations transferred to the City through this ILA are not transferred to the
properties identified herein, then they shall be returned to the County within and not exceed one 0
year from the date of the approval of this ILA.
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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 KEY VACA, LLC, a Florida limited
liability company; CALLIANASA CORP., a Florida corporation; DRIFTWOOD, LLC, a Florida
limited liability company; CB SCHMITT REAL ESTATE COMPANY, INC., a Florida
corporation; and TWENTY•-THIRD STREET, LLC, a Florida limited liability company; for the
duration of the ROGO allocations described in Section 1. ("Transfer") above,and (2) shall notify �
Monroe County of any assignment(s) and successor(s) in interest or title to the ROGO allocations
described in Section 1. ("Transfer") above at least thirty (30) days prior to the date of such
transfer or succession by certified U. S. Postal Service Certified mail to the Monroe County
Planning& Environmental Resources Senior Director.
All such notices under this Section ("Section 4.") shall be sent to the following addresses:
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Monroe County Administrator
1100 Simonton Street
Key West, FL 33040
Planning& Environmental Resources Department
Attn: Senior Director
2978 Overseas Highway
Marathon, FL 33 050
Section 5. GOVERNING LAWSNENUE: 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 r_I
reasonable attorney's fee and costs. This Agreement is not subject to arbitration.
Section 6. NONDISCRIMINATION: The parties agree that there will be no
discrimination against any person, and it is expressly understood that upon a determination by a
court of competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any party, effective the date of the court order.
The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as
applicable, relating to nondiscrimination. These include but are not limited to (1) Title VI of the
Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color
or national origin; (2) Section 504 of the Rehabilitation Act of 1973, as amended (20 U.S.C. S.
1975, as amended (42 U.S.C. ss. 6101-6107)), which prohibits discrimination on the basis of age;
(4) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; (5) The Comprehensive Alcohol Abuse And
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (6) The Public Health cv
Service Act of 1912, ss. 523 and 527, (42 U:S.C. ss. 290 dd-3 and 290 cc03), 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 U)
nondiscrimination on the basis of disability; (8) The Florida Civil Rights Act of 1992, (Chapter
760, Florida Statutes, and Section 509.021, Florida Statutes), as may be amended from time to
time, relating to nondiscrimination; and (9) any other nondiscrimination provisions in any federal
or state statues or local ordinances which may apply to the parties to, or the subject matter of, this
Agreement.
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Section 7. CODE OF ETHICS: The parties agree that their officers and employees
recognize and will be required to comply with the standards of conduct relating to public officers
and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to,
solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation;
misuse of public position, conflicting employment or contractual relationship; and disclosure or
use of certain information.
Section 8. NO SOLICITATION/PAYMENT: The parties warrant that, in respect to
itself,it has neither employed nor retained any company or person,other than a bona fide employee
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working solely for it, to solicit or secure this Agreement and that it has not been paid or agreed to
pay any person, company, corporation, individuals, or firm, other than a bona fide employee
working solely for it,any fee,commission,percentage,gift,or other consideration contingent upon
or resulting from the award or making of this Agreement. For the breach of violation of this
provision, each party agrees that the other party shall have the right to terminate this Agreement
without liability and, at its discretion, to offset from monies owed, or otherwise recover the full
amount of such fee, commission, percentage, gift, or consideration.
Section 9. SUBORDINATION: This Agreement is subordinate to the laws and i
regulations of the United States and the State of Florida, whether in effect on commencement of
this Agreement or adopted after that date.
Section 10. INCONSISTENCY: If any item, condition, or obligation of this
Agreement is in conflict with other items of this Agreement,the inconsistencies shall be construed
so as to give meaning to those terms which limited the County's responsibility and liability.
Section 11. PUBLIC ACCESS TO RECORDS: The parties shall allow and permit
members of the public reasonable access to, and inspection of, all documents, papers, letters, or
other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by
the parties in conjunction with this Agreement. o
Section 12. NON-RELIANCE BY NON-PARTIES: Other than as stated herein, no
person or'entity shall be entitled to rely upon the terms, or any of them, of this Agreement to
enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the parties agree that neither the County nor the City or any
agent, officer, or employee of each shall have the authority to inform, counsel, or otherwise
indicate that any particular individual or group of individuals, entity or entities, have entitlements
or benefits under this Agreement separate and apart, inferior to, or superior to the community in cv
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 lei. NOTICES: All notices and other communications hereunder must be in �
writing and addressed as follows, or to any other address which either party may designate to the
other party by mail:
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If to County: Roman Gastesi,Jr., County Administrator
Monroe County Historic Gato Building
1100 Simonton Street
Key West, Florida 33040
Planning& Environmental Resources Department
Attn: Senior Director
2798 Overseas Highway
Marathon, FL 33050 i
i
With a copy to: Robert B. Shillinger, Jr., Esquire
Monroe County Attorney's Office (n
P.O. Box 1026 0I
Key West, Florida 33041-1026
If to City: Charles Lindsay
City Manager
City of Marathon
9805 Overseas Highway
Marathon, Florida 33050 0
0
George Garrett
Planning Director
City of Marathon
9805 Overseas Highway
Marathon, FL 33050 LO
With a copy to: David Migut, Esquire cv
City Attorney
City of Marathon
9805 Overseas Highway U)
Marathon, FL 33050
Thomas D. Wright, Esq.
Law Offices of Thomas D. Wright, Chartered
9711 Overseas Highway
Marathon, FL 33050
Attorney for Property Owners
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Michael Halpern, Esq.
Michael Halpern, P.A.
209 Duval St., 2 Fl D
Key West, FL 33040
Attorney for Property Owners
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• 1.6.a
Any notice required by this Agreement to be given or made within a specified period of
time, or on or before a date certain, shall be deemed to have been duly given if sent by certified
mail, return receipt requested, postage and fees prepaid; hand delivered, or sent by overnight
delivery service.
Section 15. ENTIRE AGREEMENT/MODIFICATION/AMENDMENT: This
writing contains the entire Agreement of the parties and supersedes any prior oral or written
representations. No representations were made or relied upon by either party,other than those that
are expressly set forth herein. No agent, employee, or other representative of either party is i
empowered to modify or amend the terms of this Agreement, unless executed with the same
formality as this document.
c�
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.
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Section 18. SEVERABILITY: The provisions of this ILA are declared to be severable,
and if any sentence, section,clause or phrase of this ILA shall,for any reason,be held to be invalid E
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. N
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SIGNATURES ON FOLLOWING PAGES 0
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IN WITNESS W1 IEREOF, each party has caused this Agreement to be executed by its
duly authorized representative,
(SEAL) BOARD OFCOUNTY C"C.)I�IIvIISSIt)I�I IDS
OFMONROE ('01-i- ITS., FL,0RIDA
AJ r FEST. A\, /IY I 1EAVIIAN, CLERK
13y: By: .........................................................
E
Deputy Clerk Mayor/Chairperson
Date
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APPROVED AS TO FORM AND
LE,'GTAL SUFF[CIE'INCY
BY:
.............. 0
Assistant COL111ty Attorney
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ATTE`S'F ff 11" CITY OF MARATHON, FLORIDA
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B LO
........... ..........
DIANE. CLAVIER John Bartus, as
City Clerk C14
(City, Seal)
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APPROVED A 0 FORM AND
LF"GAL-ITY F0R. TII1..,JJSE AND 0
RELIANCE OF THE, CITY 01'
MARATHON, FL.ORIDA ONLY:
By: E
27-David migu
City Attomey
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We hereby consent to this Agreement and agree to abide by all terms and requirements herein.
KEY VACA, LLC,
a Florida limited liability company
By
DENISE H. HOLLAND
Manager
Date:
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CALLIANASA CORP.,
a Florida corporation
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By e
DENISE H. HOLLAND
President
Date:
DRIFTWOOD, LLC,
a Florida limited liability company
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By U)
DENISE H. HOLLAND
Manager e
Date:
C B SCHMITT REAL ESTATE COMPANY, INC.,
a Florida corporation
By
BRIAN C. SCHMITT
President
Date:
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1.6.a
TWENTY THIRD STREET, LLC,
a Florida limited liability company
By
DENISE H. HOLLAND
Manager
Date:
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Packet Pg. 1093
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RESOLUTON NO. -2019
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
RATIFYING THE INTERLOCAL AGREEMENT DATEDi
DECEMBER 14, 2016 REGARDING THE TRANSFER OF
THIRTY-FOUR (34) RATE OF GROWTH ALLOCATIONS
FROM THE COUNTY TO THE CITY OF MARATHON FOR
THE PURPOSES OF BUILDING THE KEY VACA LLC,
CALLIANASA CORP., DRIFTWOOD LLC, C B SCMITT
REAL ESTATE COMPANY INC, AND TWENTY-THIRD
STREET LLC PROJECTS.
a
WHEREAS, the City and the County entered into an Interlocal Agreement (ILA) 0
regarding five affordable housing projects on DECEMBER 14, 2016; and
as
WHEREAS, the Board's approval on DECEMBER 14, 2016 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 U)
hereto and incorporated by reference herein as Exhibit A to this resolution; and 0
W
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 Marathon City Council ratified the updated agreement on May 28, 2019.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA: E
1. The Interlocal Agreement between the County and the City which transferred
Thirty-four (34) Rate of Growth Allocations from the County to the City for
use in the affordable housing projects for KEY VACCA LLC, CALLINASA
CORP, DRIFTWOOD LLC, C B SCHMITT REAL ESTATE COMPANY
INC, is hereby ratified nuns pro tunc to DECEMBER 14, 2016. The ILA shall
be interpreted to have been in full force and effect since DECEMBER 14,2016.
0
U)
2. 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 19 ' day of June, 2019.
Page 1 of 2
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1.6.b
Mayor Sylvia Murphy
Mayor Pro Tem Danny L. Kolhage
Commissioner Heather Carruthers
Commissioner Michelle Coldiron
Commissioner David Ricer
(Seal) BOARD OF COUNTY COMMISSIONERS w
Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA 0
By: By: 3
Deputy Clerk Mayor Sylvia Murphy
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Page 2 of 2
Packet Pg. 1095
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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 i
2017, by and between Monroe County, a political subdivision of the State of Florida, whose o
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");
a
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 U)
Keys Area of Critical State Concern,if accomplished through an interlocal agreement between the
sending and receiving local governments; and
WHEREAS,Chapter Five(5)of the City Comprehensive Plan identifies goals,objectives
and policies to provide for development pursuant to intergovernmental coordination and interlocal
agreements; and
WHEREAS, Monroe County and the City of Marathon have previously entered into
Interlocal Agreements to transfer ROGOs; and
WHEREAS, Monroe County and the City of Marathon recognize the potential economic
value of such transferable affordable allocations; and (n
WHEREAS,this Agreement is entered into according to the authority of Florida Statutes,
Section 163.01, et. seq., Florida Interlocal Cooperation Act of 1969, which states:
"It is the purpose of this section to permit local government units to make the most
efficient use of their powers by enabling them to cooperate with other localities on
a basis of mutual advantage and thereby to provide services and facilities in a 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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1.6.b
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, KEY VACA, LLC, a Florida limited liability company; CALLIANASA
CORP., a Florida corporation; DRIFTWOOD, LLC, a Florida limited liability company; CB
SCHMITT REAL ESTATE COMPANY, INC., a Florida corporation; and TWENTY-THIRD
STREET,LLC,a Florida limited liability company(collectively"Property Owners"),wish to deed
r_
restrict up to thirty-four(34) units that currently are market rate units as affordable housing, and o
WHEREAS, the owner and Iegal descriptions of the units are as follows:
KEY VACA, LLC—Parcel ID No. 00327140-000100; Alt. Key No. 8758961
4800 Overseas Highway, Apts. 1, 2, 3, 4—Four(4)Units
Marathon, FL 33050
Situated in the County of Monroe and State of Florida and known as being a part E
of Lot 4 of Thompson and Adams Subdivision of a part of Government Lot 1,
Section 10, Township 66 South, Range 32 East on Key Vaca as shown by plat E
recorded in Plat Book 2, Page 24, of Monroe County, Florida Public Records and
more particularly described as follows: U)
Commencing on the northerly right-of-way line of Old State Highway 4-A at the
southeasterly corner of Lot 4 of Thompson and Adams Subdivision as shown by
plat recorded in Plat Book 2, Page 24 of Monroe County, Florida Public Records,
bear North along the East line of said Lot 4, 230.29 feet to THE POINT OF
BEGINNING of that portion of Lot 4 herein intended to be described, from said
Point of Beginning bear northwesterly on the arc of a curve, deflecting to the left,
79.31 feet, said curve having a radius of 50.49 feet, the chord of which bears North
45 degrees, 00 minutes, 00 seconds West 71.40 feet to a point of inflection; thence
continue northwesterly on the are of a curve,deflecting to the right,40.03 feet,said
curve having a radius of 25.49 feet the chord of which bears North 45 degrees, 00
minutes, 00 seconds West 36.05 feet to a point of tangency; thence bear North
342.55 feet; thence bear East 75.97 feet to a point on the East line of said Lot 4;
thence bear south along the East line of said Lot 4, 418.55 feet back to the Point of
Beginning, subject to Easements set forth in Grant of Easement of even date
herewith, executed by Grantee in favor of Grantor.
CALLiANASA CORP.—Parcel ID No. 00340030-000000; Alt. Key No. 1417645
489 63`d Street,Apts. 1-8—Eight (8) Units
Marathon, FL 33050
Lots 8 and 9, Block C, SHERYL SUBDIVISION 92, according to the Plat thereof as recorded in
Plat Book 4, Page 43 of the Public Records of Monroe County, Florida, together with
improvements thereon.
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DRIFTWOOD, LLC Parcel ID No. 00326390-000000; Alt. Key No. 1400416
10875 Overseas Highway, Apts. 201, 202, 203, 204—Four(4)Units
Marathon, FL 33050
All that tract or parcel of land situate in Section 6, Township 66 South, Range 33
East, being part of"KEY COLONY TRACT" as surveyed by John P. Goggin, P.E.
& P.L.S., dated May 20, 1955 and filed August, 1955 at Plat Book 3, Page 108,
bounded and described as follows:
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BEGINNING at a point in the North line of said Key Colony Tract, 4.72 feet
Easterly as measured along said North line, from the West line of said KEY
COLONY TRACT;thence,Northerly 77 degrees, 51 minutes East, along the North
line of said KEY COLONY TRACT,a distance of 182.80 feet to an iron rod;thence
Southerly I I degrees, 23 minutes, 07 seconds East, a distance of 71.96 feet to an
iron rod; thence Southerly 4 degrees, 39 minutes 26 seconds West, a distance of
14.35 feet to an iron rod;thence southerly 47 degrees, 35 minutes,34 seconds West,
a distance of 123.35 feet to an iron rod; thence southerly 77 degrees, 12 minutes,
16 seconds West, a-distance of 96.09 feet to an iron rod; thence Southerly 64
degrees 43 minutes West, a distance of 61.36 feet to an iron rod; thence Northerly E
48 degrees, 38 minutes, 40 seconds West, a distance of 20.60 feet to an iron rod;
thence Northerly 30 degrees, 48 minutes West, a distance of 19.25 feet to an iron U)
rod; thence Northerly 6 degrees 25 minutes 47 seconds West a distance of 72.50
feet to an iron rod, back to the POINT OF BEGINNING.
C B SCHMITT REAL ESTATE COMPANY, INC.
Parcel ID No. 00334490-000200; Alt. Key No. 8902026
11085 1"Ave., Gulf, East and West—Two (2) Units
Marathon, FL 33050
A portion of
The Northerly 100 feet of Lot 1, Block 1, KEY COLONY SUBDIVISION 43,
according to the Plat thereof as recorded in Plat Book 4, Page 10, of the Public
Records of Monroe County, Florida.
AND
The Southerly 33.85 feet of the Northerly 133.85 feet of Lot 1, and the Southerly o
58.85 feet of the Northerly 133.85 feet of Lot 2, Block 1, KEY COLONY
SUBDIVSION#3, according to the Plat thereof as recorded in Plat Book 4, Page
10, of the Public Records of Monroe County, Florida.
AND
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1.6.b
The Northerly 75 feet of Lot 2, Block 1, KEY COLONY SUBDIVISION#3,
according to the Plat thereof as recorded in Plat Book 4, Page 10, of the Public
Records of Monroe County, Florida.
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AND
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The Northerly 75 feet of Lot 3, Block 1, KEY COLONY SUBDIVSION#3, cnn
according to the Plat thereof as recorded in Plat Book 4, Page 10, of the Public o
Records of Monroe County, Florida.
AND
The Northerly 75 feet of Lot 4, Block 1, KEY COLONY SUBDIVISION #3,
according to the plat thereof as recorded in Plat Book 4, Page 10, of the Public
Records of Monroe County, Florida.
TWENTY THIRD STREET, LLC-Parcel ID No. 00320860-000000; Alt. Key No. 1395170
152 23`d Street, Ocean, Units I through 5 -Five (5) Units E
Marathon, FL 33050 .�
Lot 3, Block 2, SOMBRERO SUBDIVISION NO. 1, according to the Plat thereof
as recorded in PIat Book 2, Page 31, of the Public Records of Monroe County,
Florida.
TWENTY THIRD STREET,LLC-Parcel ID No. 00320840-000100; Alt. Key No. 1395153
150 23`d Street, Ocean, Units 1 through 3 -Three(3) Units
Marathon, FL 33050
Situated on Key Vaca in the County of Monroe, State of Florida, and known as
being a part of Lot 1, Block 2, SOMBRERO SUBDIVISOIN NO. 1, within
Government Lot No. 1, Section 9, Township 66 South, Range 32 East, as shown c,
by Plat recorded in Plat Book 2, Page 31, of the Public Records of Monroe
County, Florida, and bounded and described as follows:
BEGINNING at the southwesterly corner of Lot 1, Block 2, of said SOMBRERO
SUBDIVISION NO. 1, bear North along the West.line of said Lot 1 of Block 2,
40.91 feet; thence bear East 60.00 feet to a point on the Easterly line of said Lot l;
thence bear South 40.91 feet along the said Easterly line of Lot 1 to the
Southeasterly corner thereof; thence bear West along the Southerly line of said
Lot 1, 60.00 feet back to the POINT OF BEGINNING.
TWENTY THIRD STREET, LLC--Parcel ID No. 00320730-000000; Alt. Key No. 1395030
393 23`d Street, Ocean, Units 1 through 5 -Five (5) Units
Marathon, FL 33050
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1.6.b
Lot 5, Block 1, SOMBRERO SUBDIVISION NO. 1, according to the Plat thereof
as recorded in Plat Book 2, Page 31, of the Public Records of Monroe County,
Florida.
TWENTY THIRD STREET, LLC—Parcel ID No. 00320730-000000; Alt. Key No. 1395030
169, 171, & 167 23rd Street, Ocean—Three (3) Units
Marathon, FL 33050
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Lot 2, Block 1, SOMBRERO SUBDIVISION NO. 1, according to the Plat thereof
as recorded in Plat Book 2, Page 31, of the Public Records of Monroe County,
Florida.
WHEREAS, County hereby agrees to transfer to City thirty-four(34) affordable housing 3
allocations to allow Marathon to secure the above properties as deed restricted affordable housing.
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WHEREAS,the parties have determined that this Agreement is in the best interests of the
public.
NOW,THEREFORE, the parties hereto agree as follows:
Section 1. TRANSFER. The parties agree to permit the transfer of up to thirty-four U)
(34) 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 thirty-four(34) affordable housing units pursuant to this Agreement and the
applicable requirements of the Code of Ordinances, City of Marathon, Florida and
the applicable provisions ofthe Florida Building Code.
b. The affordable housing shall be solely in the categories of Iow
income housing. Renters of said units shall qualify as earning at least seventy
percent (70%) of their income within Monroe County.
C. The transfer of the market rate rights from the properties to a
receiver site(s) approved by the City of Marathon and/or Monroe County under a
separate agreement with the Property Owners (See Section 2 below).
Section 2. ASSIGNMENT: Monroe County has assigned its rights to the affordable
allocations to the City and shall be designated as follows:
U)
a. The thirty-four (34) affordable housing allocations are to be issued by the
City to be used specifically by KEY VACA, LLC, a Florida limited liability company, at the
development in Marathon known as 4800 Overseas Highway, Marathon, FL 33050;
CALLIANASA CORP.,a Florida corporation,at the development in Marathon known as 489 63`d
Street, Ocean, Marathon, FL 33050; DRIFTWOOD, LLC, a Florida limited liability company, at
the development in Marathon known as 10875 Overseas Highway, Marathon, FL 33050; CB
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• 1.6.b
SCHMITT REAL ESTATE COMPANY, INC., a Florida corporation, at the development in
Marathon known as 11085 Overseas 1"Ave., Gulf, Marathon, FL 33050; and TWENTY-THIRD
STREET,LLC, a Florida limited liability company, at the development in Marathon known as 152
23rd Street, Ocean, Apts. I-5, Marathon, FL 33050, 150 23" Street, Ocean, Apts. 1-3, Marathon,
FL 33050, 393 23rd Street, Ocean, Apts. 1-5, Marathon, FL 33050, and 167, 169, and 171 23rd i
Street, Ocean, Marathon, FL 33050.
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b. The affordable housing allocations shall be applied and designated to low i
income housing for particular units as set forth in Exhibit"A" attached hereto. o
C. Market rate residential units will become available for sale and transfer as
a result of the deed restriction of said market rate residential units as low-income affordable
housing provided through this ILA._Subject to the provisions of this ILA and by subsequent
Agreement between the City of Marathon and the Corporate entities defined herein (KEY VACA,
LLC, CALLIANASA CORP., DRIFTWOOD, LLC, CB SCHMITT REAL ESTATE
COMPANY, INC., and TWENTY-THIRD STREET, LLC), a minimum of 17 and up to one
hundred percent or thirty-four (34) of the market rate residential units which become available E
after the deed restriction of the affordable units shall be sold by said corporate entities to owners
whose receiver site properties exist within the unincorporated area of Monroe County,Lower Keys E
Subarea. Transfers shall be approved and documented pursuant to the relevant administrative S
procedures of the City of Marathon Comprehensive Plan and Land Development Regulations and U)
the Monroe County Comprehensive Plan and Land Development Regulations, including Minor
Conditional Use Permit approval. The decision on whether to transfer any market rate unit
allocations for use on properties located in the unincorporated portion of the County in excess of
the minimum of 17 units, shall be solely made by the Corporate owners based upon business
considerations.
Section 3. TERM: Subject to and upon the terms and conditions set forth herein, this
Agreement shall continue in force until fully performed by the parties and Property Owner. If any
of the affordable allocations transferred to the City through this ILA are not transferred to the
properties identified herein, then they shall be returned to the County within and not exceed one
year from the date of the approval of this ILA. e
Section 4. NOTIFICATION: The City of Marathon shall (1) notify Monroe County
of any assignment(s) and successor(s) in interest or title to KEY VACA, LLC, a Florida limited
liability company; CALLIANASA CORP., a Florida corporation; DRIFTWOOD, LLC, a Florida
limited liability company; CB SCHMITT REAL ESTATE COMPANY, INC., a Florida
corporation; and TWENTY•-THIRD STREET, LLC, a Florida limited liability company; 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 a m
described in Section 1. ("Transfer") above at least thirty (30) days prior to the date of such
transfer or succession by certified U. S. Postal Service Certified mail to the Monroe County
Planning& Environmental Resources Senior Director.
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All such notices under this Section ("Section 4.") shall be sent to the following addresses:
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1.6.b
Monroe County Administrator
1100 Simonton Street
Key West, FL 33040
Planning& Environmental Resources Department
Attn: Senior Director
2978 Overseas Highway
Marathon, FL 33 050 i
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Section 5. GOVERNING LAWSNENUE: This Agreement shall be construed in
accordance with and governed by the laws of the State of Florida and the United States. Exclusive
venue for any dispute arising under this Agreement shall be in the Sixteenth Judicial Circuit in and
for Monroe County, Florida. In the event of any litigation, the prevailing party is entitled to a
reasonable attorney's fee and costs. This Agreement is not subject to arbitration.
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Section 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 E
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. E
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 U)
Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color
or national origin; (2) Section 504 of the Rehabilitation Act of 1973, as amended (20 U.S.C. S.
1975, as amended (42 U.S.C. ss. 6101-6107)), which prohibits discrimination on the basis of age;
(4) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; (5) The Comprehensive Alcohol Abuse And
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (6) The Public Health
Service Act of 1912, ss. 523 and 527, (42 U:S.C. ss. 290 dd-3 and 290 cc03), 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 a
use of certain information.
Section 8. NO SOLICITATION/PAYMENT: The parties warrant that, in respect to
itself,it has neither employed nor retained any company or person,other than a bona fide employee
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• 1.6.b
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.
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Section 9. SUBORDINATION: This Agreement is subordinate to the laws and o
regulations of the United States and the State of Florida, whether in effect on commencement of
this Agreement or adopted after that date.
Section 10. INCONSISTENCY: If any item, condition, or obligation of this
Agreement is in conflict with other items of this Agreement,the inconsistencies shall be construed
so as to give meaning to those terms which limited the County's responsibility and liability.
Section 11. PUBLIC ACCESS TO RECORDS: The parties shall allow and permit E
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. <
U)
Section 12. NON-RELIANCE BY NON-PARTIES: Other than as stated herein, no
person or'entity shall be entitled to rely upon the terms, or any of them, of this Agreement to
enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the parties agree that neither the County nor the City or any
agent, officer, or employee of each shall have the authority to inform, counsel, or otherwise
indicate that any particular individual or group of individuals, entity or entities, have entitlements
or benefits under this Agreement separate and apart, inferior to, or superior to the community in
general or for the purposes contemplated in this Agreement.
Section 13. NO PERSONAL LIABILITY: No covenant or agreement contained
herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee
of a party in his or her individual capacity, and no member, officer, agent or employee of a party
shall be liable personally on this Agreement or be subject to any personal liability or accountability
by reason of the execution of this Agreement.
Section lei. NOTICES: All notices and other communications hereunder must be in
writing and addressed as follows, or to any other address which either party may designate to the
other party by mail:
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• 1.6.b
If to County: Roman Gastesi,Jr., County Administrator
Monroe County Historic Gato Building
1100 Simonton Street
Key West, Florida 33040
i
Planning& Environmental Resources Department
Attn: Senior Director e
2798 Overseas Highway
i
Marathon, FL 33050 0
With a copy to: Robert B. Shillinger, Jr., Esquire
Monroe County Attorney's Office
P.O. Box 1026
Key West, Florida 33041-1026
0
If to City: Charles Lindsay
City Manager E
City of Marathon
9805 Overseas Highway E
Marathon, Florida 33050
U)
George Garrett
Planning Director
City of Marathon
9805 Overseas Highway
Marathon, FL 33050
With a copy to: David Migut, Esquire
City Attorney
City of Marathon
9805 Overseas Highway
Marathon, FL 33050
Thomas D. Wright, Esq.
Law Offices of Thomas D. Wright, Chartered
9711 Overseas Highway
Marathon, FL 33050
Attorney for Property Owners
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Michael Halpern, Esq.
Michael Halpern, P.A.
209 Duval St., 2 Fl D
Key West, FL 33040
Attorney for Property Owners
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Packet Pg. 1104
• 1.6.b
Any notice required by this Agreement to be given or made within a specified period of
time, or on or before a date certain, shall be deemed to have been duly given if sent by certified
mail, return receipt requested, postage and fees prepaid; hand delivered, or sent by overnight
delivery service.
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Section 15. ENTIRE AGREEMENT/MODIFICATION/AMENDMENT: This
writing contains the entire Agreement of the parties and supersedes any prior oral or written
representations. No representations were made or relied upon by either party,other than those that
are expressly set forth herein. No agent, employee, or other representative of either party is o
empowered to modify or amend the terms of this Agreement, unless executed with the same
formality as this document.
Section 16. MISCELLANEOUS: Each party represents and warrants to the other that
the execution, delivery, and performance of this Agreement has been duly authorized by all .
necessary corporate or other organizational action, as required.
Section 17. COUNTERPARTS: This Agreement may be executed in several E
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, U)
and if any sentence, section,clause or phrase of this ILA shall,for any reason,be held to be invalid
or unconstitutional, such decision shall not affect the validity of the remaining sentences,sections,
clauses or phrases of the 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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Packet Pg. 1105
IN WITNESS W1 1EREOF, each party has caused this Agreement to be executed by its
duly authorized representative,
(SEAL) BOARD OFCOUNTY COMMISSIONERS
OFMONROE ('01-i- ITS., FL,0RIDA E
AJ r FEST \, /IY I 1EAVIIAN, CLERK
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13y: By:
.........................................................
Deputy Clerk Mayor/Chairperson
Date
APPROVED AS TO FORM AND 0
Lt-','(.'TAL SUFF[CIE'INCY
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BY:
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...............Assistant COL111ty Attorney
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ATTE-'S'F ff 11" CITY OF MARATHON, FLORIDA
........... .......... 0
DIANE'. CLAVIER 0 John Bartus, a
City Clerk
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(City Seal
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APPROVED AS TO FORM AND
LF"GAL-ITY 10R. 'I'II1..,' LJSE AND
RELIANCE OF THE, CITY 01'
MARATHON, FL.ORIDA ONLY:
By: —
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City Attomey
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Packet Pg. 1106
1.6.b
We hereby consent to this Agreement and agree to abide by all terms and requirements herein.
KEY VACA, LLC, ;;F
a Florida limited liability company i
By i
DENISE H. HOLLAND
Manager
Date:
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CALLIANASA CORP.,
a Florida corporation
By
DENISE H. HOLLAND U)
President
Date:
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DRIFTWOOD, LLC,
a Florida limited liability company
By
DENISE H. HOLLAND �s
Manager
Date:
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C B SCHMITT REAL ESTATE COMPANY, INC.,
a Florida corporation U)
By E
BRIAN C. SCHMITT c�
President
Date:
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Packet Pg. 1107
1.6.b
TWENTY THIRD STREET, LLC,
a Florida limited liability company
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By
DENISE H. HOLLAND
Manager (ni
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