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Resolution 168-2019 RESOLUTION NO. 168-2019 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA RATIFYING THE INTERLOCAL AGREEMENT DATED 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. WHEREAS, the City i and the County entered into an Interlocal Agreement (ILA) regarding five affordable housing projects on DECEMBER 14, 2016; and 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 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 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: 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 nunc pro tunc to DECEMBER 14, 2016. The ILA shall be interpreted to have been in full force and effect since DECEMBER 14,2016. 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 19th day of June, 2019. Page 1 of 2 Mayor Sylvia Murphy Yes Mayor Pro Tem Danny L.Kolhage Yes «��� Commissioner Heather Carruthers Yes �4,�: \ Commissioner Michelle Coldiron Yes „- 14. Commissioner David Rice Yes pi y ! BOARD OF COUNTY COMMISSIONERS N. ' . j :'A ADOK, CLERK OF MONROE COUNTY,FLORIDA ,y am / I By: G.71,-,-,-,-4-e7/1" By: / Deputy Clerk Mayor Sylvia Murphy MONROE COUNTY TTORNEY APflVEDAS .l..J E`J N T:WILLIAMS ASSISTANT C Date I!4/ 7'�TOIt1�tSSt cJ <4= :-11 =.t- L r—. x)r- = r-n corn o rat r. c-). ,$ :„.� ate m t'. = C) Page2of2 INTERLOCAL AGREEMENT BETWEEN MONROE COUNTY AND THE CITY OF MARATHON TRANSFERRING AFFORDABLE HOUSING RESIDENTIAL ALLOCATIONS co 1(49 This Agreement("Agreement") is made and entered into this 11-th dayof OP►111 !' 294-7, by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 ("County") and the City of Marathon, a municipal corporation of the State of Florida, whose address is 9805 Overseas Highway, Marathon, Florida 33050 (the "City"); WITNESSETH: WHEREAS, Monroe County and the City of Marathon recognize the value of regional partnerships in smart growth; and WHEREAS, Policy 101.3.10 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 and policies to provide for development pursuant to intergovernmental coordination and interlocal agreements; and WHEREAS, Monroe County and the City of Marathon have previously entered into Interlocal Agreements to transfer ROGOs; and WHEREAS, Monroe County and the City of Marathon recognize the potential economic value of such transferable affordable allocations; and WHEREAS,this Agreement is entered into according to the authority of Florida Statutes, Section 163.01, et. seq., Florida Interlocal Cooperation Act of 1969, which states: "It is the purpose of this section to permit local government units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic,economic,population,and other factors influencing the needs and development of local communities"; and 1 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 WHEREAS, the owner and legal 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 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 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 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 arc 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 63rd Street, Apts. 1-8 —Eight(8) Units Marathon, FL 33050 Lots 8 and 9, Block C, SHERYL SUBDIVISION #2, 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. 2 DRIFTWOOD, LLC—Parcel ID No. 00326380-000000; 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 line of said KEY COLONY TRACT,a distance of 182.80 feet to an iron rod;thence Southerly 11 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 1st 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 #3, 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 3 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, Pagel0, of the Public 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 23rd Street, Ocean,Units 1 through 5 -Five (5) Units Marathon, FL 33050 Lot 3, Block 2, 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. 00320840-000100; Alt. Key No. 1395153 150 23rd 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 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 1; 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 23rd Street, Ocean, Units 1 through 5-Five (5)Units Marathon, FL 33050 4 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. 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. 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 (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 of the Florida Building Code. b. The affordable housing shall be solely in the categories of low 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: 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 63rd 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 5 SCHMITT REAL ESTATE COMPANY, INC., a Florida corporation, at the development in Marathon known as 11085 Overseas 1st 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. 1-5, Marathon, FL 33050, 150 23rd Street, Ocean, Apts. 1-3, Marathon, FL 33050, 393 23rd Street, Ocean, Apts. 1-5, Marathon, FL 33050, and 167, 169, and 171 23rd 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. 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 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. 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. 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: 6 Monroe County Administrator 1100 Simonton Street Key West, FL 33040 Planning&Environmental Resources Department Attn: Senior Director 2978 Overseas Highway Marathon, FL 33050 Section 5. GOVERNING LAWS/VENIJE: 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. 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 Service Act of 1912, ss. 523 and 527, (42 U.S.C. ss. 290 dd-3 and 290 ee03), as amended,relating to confidentiality of alcohol and drug abuse patient records; (7) The Americans With Disabilities Act of 1990 (42 U.S.C. s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; (8) The Florida Civil Rights Act of 1992, (Chapter 760, Florida Statutes, and Section 509.021, Florida Statutes), as may be amended from time to time, relating to nondiscrimination; and(9) any other nondiscrimination provisions in any federal or state statues or local ordinances which may apply to the parties to, or the subject matter of,this Agreement. Section 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 7 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 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. 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 14. 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: 8 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 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 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 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 Michael Halpern, Esq. Michael Halpern, P.A. 209 Duval St., 2 Fl D Key West, FL 33040 Attorney for Property Owners 9 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 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 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 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. Section 19. EFFECTIVE DATE: This Agreement shall take effect on the date set forth above. SIGNATURES ON FOLLOWING PAGES 10 IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly autho ' ,-- ;;,. esentative. -Al,, , (SE A� =,',;= �`-`'� BOARD OF COUNTY COMMISSIONERS . ,. '` OF MONROE COUNTY, FLORIDA AT 1 s ;x .LIN, CLERK o s0.;couwrr I By: Aril . / By: ` Deputy Clerk Mayor/Chair erson Date: i`I, I6 MONRO GOl! ATTORNEY APPROVED AS TO FORM AND APPRe 1 :a . .. = ORM: LEGAL SUFFICIENCY RO=Eat z . ?ALL 'cER,JR. kN/ By: Assistafit County Attorney ATTEST: THE CITY OF MARATHON, FLORIDA TAIAML eirdUtel B . .,.gib i. DIANE CLAVIER John Bartus, 'a City Clerk 'ate: 29 i iC` (City Seal) APPROVED AS TO FORM AND LEGALITY FOR THE USE AND RELIANCE OF THE CITY OF MARATHON, FLORIDA ONLY: o • By: / . .7- - D __..---,17/1- 7.- -t— vid Migu r c-s- = rri r City Attorney ! ro -r, Ca c) a, . 20 ; `:.4 'o . . { . 11 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 jitti(_Q., t4LQ-aC___X, DENISE H. HOLLAND Manager Date: Vc) CALLIANASA CORP., a Florida corporation By di.,U\ALL-Q, 4011 DENISE H. HOLLAND President 1 q Date: DRIFTWOOD, LLC, a Florida limited liability company By +(COS DENISE H. HOLLAND Manager � �t�t a Date: ) C B SCHMITT REAL ESTATE COMPANY, INC., a Florida corporation By BRIAN . CHM T President Date: 5/5/fr 12 TWENTY THIRD STREET, LLC, a Florida limited liability company By bfil6-1' , 4 ,�Q — ) DENISE H. HOLLAND Manager Date: 6\3' 13 Exhibit A HUD income limits for FY 2019 and the associated maximum rental prices: FY 2019 Income Limit Persons in Household 1 2 3 4 5 6 7 8 Middle Income(160%) $107,100 $122,400 $137,700 $153,000 $165,300 $177,500 $189,800 $202,000 Mil Monthly Rent $2,678 $3,060 $3,443 $3,825 $4,133 $4,438 $4,745 $5,050 Moderate Income(120%) $80,325 $91,800 $103,275 $114,750 $123,975 $133,125 $142,350 $151,500 Mol Monthly Rent $2,008 $2,295 $2,582 $2,869 $3,099 $3,328 $3,559 $3,788 Median Income(100%) $66,938 $76,500 $86,063 $95,625 $103,313 $110,938 $118,625 $126,250 MI Monthly Rent $1,673 $1,913 $2,152 $2,391 $2,583 $2,773 $2,966 $3,156 Low Income(80%) $53,550 $61,200 $68,850 $76,500 $82,650 $88,750 $94,900 $101,000 LI Monthly Rent $1,339 $1,530 $1,721 $1,913 $2,066 $2,219 $2,373 $2,525 Very Low Income(50%) 1 $33,500 $38,250 $43,050 $47,800 $51,650 $55,450 $59,300 $63,100 VLI Monthly Rent $838 $956 $1,076 $1,195 $1,291 $1,386 $1,483 $1,578 Ext.Low Income(30%) $20,100 $23,000 $25,850 $28,700 $31,000 $34,590 $39,010 $43,430 ELI Monthly Rent $503 $575 $646 $718 $775 $865 $975 $1,086 Requirements for affordable units: • Must contain less than or equal to 1,800 square feet of habitable space • Must meet all applicable requirements of the United States Department of Housing and Urban Development minimum property standards as to room sizes,fixtures, landscaping and building materials,when not in conflict with applicable laws of City http://portal.hud.gov/hudportal/HUD?src=/program offices/administration/hudclips/handbooks/hsgh/4910.1 • Must be deed restricted in perpetuity or as allowed by law for a minimum 50-year. • For affordable units that are part of mixed income development the following additional standards apply: o Must be visually indistinguishable from the market rate units in the development in terms of overall design,execution,and use of materials. o Affordable units may be smaller than the market rate units but shall be proportionally comparable in bedroom count to the market rate units in the development. o Affordable units must not be clustered,and shall be interspersed within the upland portion of the development. Maximum sale price of affordable housing: • HUD median income for Monroe County for the year 2019:$83,000 • Maximum sale price for 2019:$398,400 o Calculated as follows(Median Income x 1.6)x 3 • Owner occupied income verification is required prior to sales closing and occupancy of dwelling unit. The Affordable Housing Application must be completed in full. Sponsored by: Lindsey CITY OF MARATHON,FLORIDA RESOLUTION 2019-57 A RESOLUTION OF THE CITY OF MARATHON,FLORIDA APPROVING MINOR REVISIONS TO AN INTERLOCAL AGREEMENT BETWEEN MONROE COUNTY AND THE CITY OF MARATHON TRANSFERRING AFFORDABLE HOUSING RESIDENTIAL ALLOCATION FOR A PROJECT IN THE NAME OF MULTIPLE CORPORATIONS INCLUDING CALLIANASA CORP.,KEY VACA LLC,DRIFTWOOD LLC,CB SCHMITT REAL ESTATE COMPANY, INC.,AND TWENTY-THIRD STREET,LLC, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Marathon (the "City") wishes to revise an Interlocal Agreement with Monroe County(the"County")originally approved under Resolution 2016-124 for the purposes of Transferring affordable housing unit allocations; and WHEREAS, the Interlocal Agreement with the County is in the best interest of Monroe County and the City of Marathon for the purposes of providing opportunities for affordable housing, NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARATHON, FLORIDA,THAT: Section 1. The above recitals are true and correct and incorporated herein. Section 2. The Revised Interlocal Agreement (ILA) attached hereto as Exhibit "A", between Monroe County and the City of Marathon Transferring Affordable Housing Residential Allocations For A Project Known As C B Schmitt et al is hereby approved. The Mayor is authorized to sign the ILA on behalf of the City, and the City Manager is authorized to expend budgeted funds on behalf of the City. Section 3. The Clerk is authorized to transmit this Resolution and attached ILA to the Monroe County Growth Management Division and the Attorney's office. Section 4. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF MARATHON, FLORIDA, THIS 28th DAY OF MAY, 2019. THE CITY OF MARATHON, FLORIDA •1 Johnartus, ayor AYES: Cook, Gonzalez, Senmartin, Zieg, Bartus NOES: None ABSENT: None ABSTAIN: None ATTEST: Diane Clavier, City Clerk (City Seal) APPROVED AS TO FORM AND LEGALITY FOR THE USE AND RELIANCE OF THE CITY OF MARATHON, FLORIDA ONLY: D id Migut, City orney