Item G2 G.2
G 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
September 18, 2019
Agenda Item Number: G2
Agenda Item Summary #6024
BULK ITEM: No DEPARTMENT: Land Authority Governing Board
TIME APPROXIMATE: STAFF CONTACT: Charles Pattison (305) 295-5180
4:00 P.M.. Land Authority
AGENDA ITEM WORDING: Approval to add the Anchor Inn Motel property located at 7931
Overseas Highway in Marathon (legally described as Lots 29 and 30, Atlantic Shores) to the
Acquisition List as an affordable housing site.
ITEM BACKGROUND: The Anchor Inn Motel property is a 31,881 square foot site located at the
corner of 79th Street Ocean and US 1 in Marathon near mile marker 51. The property is currently
developed with a seven-unit, ground-level motel. The property is in the AE 6 flood zone on the
current FIRM maps and the AE 9 and 10 flood zones on the draft FIRM maps. The City of
Marathon is proposing to partner with the Land Authority and Habitat for Humanity of the Middle
Keys to acquire and redevelop the property into 11 units of affordable housing. The Marathon City
Council has adopted three resolutions related to the property. Resolution 2018-47 approves a
Development Agreement for 11 units of affordable housing on the site; Resolution 2018-84 provides
11 affordable BPAS allocations; and Resolution 2019-72 nominates the property for purchase by the
Land Authority.
The property is currently owned by IMBY, Inc. (Josh Mothner, President). Habitat for Humanity
currently has a "placeholder" option contract on the property for $950,000 and has expressed a
willingness to assign or cancel the contract as needed to facilitate purchase by the City of Marathon
or the Land Authority. IMBY, Inc. has a separate contract to sell the rights to the property's seven
transient units to a third party.
Adding the property to the Acquisition List is a preliminary, non-binding step indicating the Board's
desire to obtain appraisal information and explore whether a suitable transaction can be negotiated.
Additional Board action will be necessary before the Land Authority can participate in the
transaction.
ADVISORY COMMITTEE ACTION: On August 28, 2019 the Committee voted 4/0 to approve
adding this property to the Acquisition List as an affordable housing site.
PREVIOUS RELEVANT BOCC ACTION: N/A
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G.2
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Aerial
MCPAData
Resolution2018-47
Resolution2018-84
Resolution2019-72
Contract
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Charles Pattison Completed 08/29/2019 4:34 PM
Kathy Peters Completed 08/29/2019 4:38 PM
Board of County Commissioners Pending 09/18/2019 9:00 AM
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Aerial Photograph of Subject Property
Anchor Inn Motel, 7931 Overseas Highway
Lots 29 and 30, Atlantic Shores
Vaca Key
IF. 71.Vll
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„r,U Puiblic. "" Monroe County, FL
Disclaimer
The Monroe County Property Appraiser's office maintains data on property within the County solely for the purpose of
fulfilling its responsibility to secure a just valuation for ad valorem tax purposes of all property withint he County.The Monroe
County Property Appraiser's office cannot guarantee its accuracy for any other purpose.Likewise,data provided regarding
one tax year may not be applicable in prior or subsequent years.By requesting such data,you hereby understand and agree
that the data is intended for ad valorem tax purposes only and should not be relied on for any other purpose.
By continuing into this site you assert that you have read and agree to the above statement.
Summary
Parcel ID 00347290-000000
�i/r .. �
Account# 1425109 o..,,
Property ID 1425109
Millage Group 50CM
Location Address 7931 OVERSEAS Hwy,MARATHON
Legal Description LTS29-30ATLANTIC SHORES P133-5 KEYVACAOR93-335/336 OR432-718OR1425-1732 0
OR1425-1732OR1822 2215 OR2886 2060/61
(I`dok<I`do[Cu 1- u<?d on k dpl docunM nCs,)
Neighborhood 10040 i Z
Property Class HOTEL/MOTEL(3900) 4�
Subdivision ATLANTIC SHORES
Sec/Twp/Rng 12/66/32 ( 0
Affordable No
Housingi9
rm
.I i 4YI 0
Owner
IMBYINC
490 52nd Street Gulf
Marathon FL 33050
0
Valuation
2019 2018 2017 2016
+ Market Improvement Value $383,171 $345,612 $345,612 $0
+ Market Misc Value $42,575 $38,401 $38,401 $0
+ Market Land Value $425,749 $384,013 $384,013 $705,264
= Just Market Value $851,495 $768,026 $768,026 $705,264
= Total Assessed Value $851,495 $768,026 $768,026 $705,264
- School Exempt Value $0 $0 $0 $0
= School Taxable Value $851,495 $768,026 $768,026 $705,264
Land N
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Land Use Number of Units Unit Type Frontage Depth
0
COMMERCIAL HIGHWAY(100H) 31,881.00 Square Foot 100 112
4�
Commercial Buildings
Style HOTEL/MOTEL C/39C
Gross Sq Ft 3,277
Finished Sq Ft 2,733
Perimiter 0
Stories 1
Interior Walls °
Exterior Walls C.B.S.
Quality 300() 4)
Roof Type
Roof Material
Exterior Wall1 C.B.S.
Exterior Wa112
Foundation
Interior Finish
Ground Floor Area
Floor Cover
Full Bathrooms 0
Half Bathrooms 0
Heating Type
Year Built 1957
Year Remodeled
Effective Year Built 1982
Condition
Code Description Sketch Area Fin ishedArea Perimeter
FLA FLOOR LIV AREA 2,733 2,733 0
OPF OP PRCH FIN LL 494 0 0
PTO PATIO 50 0 0
TOTAL 3,277 2,733 0
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Yard Items
Description Year Built Roll Year Quantity Units Grade
CONC PATIO 1986 1986 1 110 SF 2
GARAGE 1986 1987 1 360SF 3
CONC PATIO 1975 1976 1 1500 SF 2
ASPHALT PAVING 1975 1976 1 3750 SF 1
CONC PATIO 1976 1976 1 560 SF 2
WALLAIRCOND 1985 1986 1 1UT 2
TIKI 1986 1986 1 470 SF 3
WALLAIRCOND 1989 1990 1 6UT 2
Sales
Sale Date Sale Price Instrument I nstrument Number Deed Book Deed Page Sale Qualification Vacant or Improved
1/4/2018 $1,000,000 Warranty Deed 2150664 2886 2060 01-Qua lified Improved
10/9/2002 $325,000 Warranty Deed 1822 2215 Z-Unqualified Improved
10/1/1996 $230,000 Warranty Deed 1425 1732 Q-Qualified Improved
2/1/1969 $50,500 Conversion Code 432 718 Q-Qualified Improved aU)
0
Permits
Number 0 Date Issued 0 Date Completed 0 Amount 0 Permit Type 0 Notes 0
P2018-0498 3/29/2018 $0 Commercial REPLACEEXISTING RV TRAVEL TRAILER WITH AN RVFOR6 MONTHS TEMPORARY PERMIT
P2018-0382 3/6/2018 $0 Commercial INSTALL NEW PVC VINYL FENCE ALONG EAST PROPERTY LINE(308 LF)
0
P2018-0303 2/6/2018 2/14/2018 $250 Commercial REPAIR EXISTING SIGN ATANCHOR INN.REPLACEWOOD POLEWITH WOOD STRUCTURE 4 X 4"
P2017-1406 12/14/2017 $0 Commercial CONNECT GENERATOR,DISCONNECT GENERATOR&CONNECT ELECTRICAL SERVICE
P2015-0104 2/9/2015 2/25/2015 $0 Commercial SEWER CONNECTION&CESS PIT ABANDONMENT )�
P2003-0134 3/15/2003 8/28/2004 $0 Commercial TWOSIDEDSIGN
P2003-0180 2/18/2003 8/28/2004 $0 Commercial STORM SHUTTERS
4�
P2002-2287 12/18/2002 1/22/2003 $0 Commercial 3 PLANTER BOXES
4�
P2002-2086 10/23/2002 8/28/2004 $0 Commercial
P2002-2087 10/23/2002 7/3/2007 $0 Commercial 10WINDOWS&10 ENTRY DOORS
View Tax Info
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Sketches(click to enlarge)
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FLA (493)
30 (2733)
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e<.ure+a ju t v eluation her:id valore.in Lax p urpo e. oe all property witlnn the C:;ounty The Monroe County Property Appr u..em's office c<.innot ��__ �
i[ i<c ura.icy for�iny o he r purpo.;e: ike w e^,d i[ provided r e^�,ardinl:;rn e taxyc:ar may nox he �,ipphca,Jk in prior or�.uh..e^quenr yc sir.: By re:que.;.hnC,,,,, � t�^ �!
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DoctS 2174994 06/25/2018 10:26RM
Filed a R....ded i., official Re rds f Sponsored by Lindsey
MONROE COUNTY KEVIN MRDOK
Docq 2174994
CITY OF MARATHON, FLORIDA Bka 2913 P9N 1101
RESOLUTION 2018-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MARATHON,FLORIDA,APPROVING A REQUEST BY IMBY INC.FORA
DEVELOPMENT AGREEMENT,PURSUANT TO CHAPTER 102,ARTICLE
8 OF THE CITY OF MARATHON LAND DEVELOPMENT REGULATIONS
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("THE CODE") ENTITLED "DEVELOPMENT AGREEMENT",
AUTHORIZING THE DEVELOPMENT OF ELEVEN (11) AFFORDABLE
UNITS ON PROPERTY LOCATED AT 7931 OVERSEAS HIGHWAY, as
WHICH IS LEGALLY DESCRIBED AS LOTS 29&30,ATLANTIC SHORES
SUBDIVISION, KEY VACA, MONROE COUNTY, FLORIDA, HAVING
REAL ESTATE NUMBER 00347290-000000. NEAREST MILE MARKER 0
51.5.
WHEREAS, IMBY, Inc. (The"Applicant") filed an Application on March 16, 2018 for a
Development Agreement pursuant to Chapter 102. Articles 8 of the City of Marathon Land
Development Regulations (LDRs); and
WHEREAS, the Applicant desires to redevelop the property with seven (7) studio
efficiencies, by converting seven existing transient units and requests assistance from the City of
Marathon to acquire eleven(1 1)Affordable Residential Allocations to be used to convert the seven C
(7)transient units and construct the four(4)new three bedroom/two bath units; and
WHEREAS,the Applicant proposes to accomplish the project in three (3)phases:
• Phase 1 —Acquire Affordable Allocations and refurbish the seven hotel rooms as
affordable housing units to be thus deed restricted as affordable (99 years).
Refurbishment to be accomplished within six (6) months oCacquiring allocations;
• Phase 2- Construct four(4)three bedroom residential units to be deed restricted as
affordable (99 years). To be accomplished within twenty-four (24) months of
acquiring allocations;
0 Phase 3 — Raise the roof on the seven (7) affordable units rehirbished and deed
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restricted in Phase 1 in order to add a second floor living space. Phase 3 shall be
accomplished within thirty-six(36) months of acquiring allocations. C
WHEREAS,the City Council of Marathon deems that the average size of approximately 361 1"
square feet(Range 330 to 408 square feet)for the seven hotel rooms being converted to affordable 00
housing units is an acceptable variance to the minimum square foot provisions for affordable housing
units pursuant to Section 104.13 and Sections 107.03, Table 107.03.1 in consideration of the
Applicant's agreement to carry out Phase 3 as noted immediately above; and 0
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WHEREAS, City staff reviewed the Applicant's request for a Development Agreement
determining that the Applicant's project proposal was in compliance with the City's Comprehensive
Plan and Land Development Regulations(LDRs)and further that there was no substantial impact on
the City's Level of Service (LOS); and
WHEREAS,on the 16th day of April,2018,the City of Marathon Planning Commission(the
"Commission")conducted a properly advertised public hearing(the"Public Hearings")regarding the
request submitted by the Applicant,for a Development Agreement pursuant to Chapter 102,Article 8
of the LDRs; and
WHEREAS, and on the 24th day of April,2018 and the 8"'and 22°1 days of May,2018,the
City Council(the"Council")conducted properly advertised public hearings(the"Public Hearings") C
regarding the request submitted by the Applicant,for a Development Agreement pursuant to Chapter
102,Article 8 of the LDRs; and
WHEREAS; the City Council made a determination that the Applicant's request for a
Development Agreement, subject to the terms of the LDRs and with Conditions imposed, was in
Compliance with the City's Comprehensive Plan and LDRs and further, that the approval is in the _
public interest,is consistent with its policy to encourage the redevelopment of properties within the C
City of Marathon and will further the health, safety and welfare of the residents of Marathon; and
WHEREAS,the purpose of the Development Agreement is to allow for the integration of
certain land uses and structures within the City of Marathon, based on conditions imposed by the
Council. Review is based primarily on compatibility of the use with its proposed location and with
surrounding land uses and on the basis of all zoning,subdivision and other ordinances applicable to
the proposed location and zoning district,
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 2
OF MARATHON, FLORIDA,THAT:
Section 1. The above recitals are true and correct and incorporated herein.
Section 2_ The City Council hereby approves the Development Agreement, attached
hereto as"Exhibit A."
Section 3. This resolution shall take effect immediately upon its adoption by the City of
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Marathon and after review and approval by the Department of Economic Opportunity pursuant to
Chapters 163 and 380,Florida Statutes.
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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
MARATHON,FLORIDA, THIS 22Nn DAY OF MAY,2018.
THE CITY OF MARATHON,FLORIDA
Michelle Coldiron, Mayor
AYES: Cook,Bartus, Senmartin,Zieg, Coldiron U)
NOES: None
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ABSENT: None
ABSTAIN: None �
ATTEST:
Diane Clavier, City Clerk 0
(City Seal)
APPROVED AS TO FORM AND LEGALITY FOR THE USE AND RELIANCE OF THE
CITY OF MARATHON,FLORIDA ONLY:
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JA
David Migut, tity Attfornev
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EXHIBIT A
DEVELOPMENT AGREEMENT
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Bkn 2913 P9tt 1105
Parcel I.D. AK No. 1425109
RE No. 00347290-000000
(Space Reserved for Recording)
Development Agreement for
IMBY, Inc_
Marathon, Florida U)
C
This Development Agreement (Agreement) is entered into by and between the
City of Marathon, a Florida Municipal Corporation (herein referred to as City), and
IMBY, Inc, a Florida Corporation of 490 52nd Street Gulf, Marathon, Florida 33050
(herein referred to as Owner), pursuant to Chapter 102, Article 8 of the Land
Development Regulations of the City of Marathon, and the Florida Local Government
Development Agreement Act, Sections 163.3220-163.3243, Florida Statutes, and is
binding on the effective date as set forth herein.
WITNESSETH:
WHEREAS, IMBY, Inc, is the Owner of the Real Property ("Property") in the
corporate limits of the City of Marathon, Florida, located at 7931 Overseas Highway,
Marathon, Florida, and more particularly described on Exhibit A, Improvement Location
and Boundary Survey. 2
WHEREAS, the Property is designated under the future land use map as Mixed
Use Commercial (MUC) and Zoned Mixed Use (MU); and which land use designation
and zoning allow the property to be used for affordable residential dcvctopmcnt; and
WHEREAS, Policy 1-3.1.4 of the City's Comprehensive Plan provides that the
Mixed Use Commercial Land Use category is to provide for the establishment of Mixed
Use development patterns; and
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WHEREAS, Chapter 103, Section 103.09, Mixed Use Districts, of the Land
Development Regulations provides for a mix of land uses, and Affordable Housing to
serve the community at large; and
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WHEREAS, the City issued a Determination of Building Rights for the Property
on May 25th, 2017, which establishes seven (7) transient transferable units and one
market rate residential unit which are exempt frorn BPAS; and
WHEREAS, the Owner desires to redevelop the property with seven (7) studio
efficiencies, by converting seven existing transient units and requests assistance from the
City of Marathon to acquire eleven (1 1) Affordable Residential Allocations to be used to
convert the seven (7) transient units and construct the four (4) new three bedroom/two
bath units; and �y
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WHEREAS,the Applicant proposes to accomplish the project in three (3)phases:
• Phase 1 — Acquire Affordable Allocations and refurbish the seven hotel
rooms as affordable housing units to be thus deed restricted as affordable
(99 years). Refurbishment to be accomplished within six (6) months of
acquiring allocations;
• Phase 2 — Construct four (4) three bedroom residential units to be deed
restricted as affordable (99 years). To be accomplished within twenty-four
0
(24) months of acquiring allocations;
• Phase 3 — Raise the roof on the seven (7) affordable units refurbished and
deed restricted in Phase 1 in order to add a second floor living space. Phase
3 shall be accomplished within thirty-six (36) months of acquiring
allocations. 2
• C
WHEREAS, the City Council of Marathon deems that the average size of e/5
approximately 361 square feet (Range 330 to 408 square feet) for the seven hotel rooms 2
being converted to affordable housing units is an acceptable variance to the minimum
square foot provisions for affordable housing units pursuant to Section 104.13 and
Sections 107.03, Table 107.03.1 in consideration of the Applicant's agreement to carry
out Phase 3 as noted immediately above; and
WHEREAS, the City of Marathon has held public hearings to accept and
encourage public input with respect to the proposal of Owner contained in this
Agreement, and has considered such public input; and U)
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WHEREAS, the Owner has provided public notice of the party's intent to Z
consider entering into this agreement by advertisement published in a newspaper of V.-
general circulation and readership in Marathon, posting the property subject to this 00
Agreement, and mailed notice to the persons and entities shown on the most recent
Monroe County Tax Roll to be the owners of property lying within 300 feet of the
boundaries of the property subject to this Agreement; and C
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Bk4 2913 Pgp 1107
WHEREAS, the Marathon Planning Commission held a public hearing on the 161h
day of April 2018, to consider this agreement, and recommended approval of this
agreement with conditions, which conditions have been addressed herein; and
WHEREAS, the City Council of Marathon held a public hearing on the 241h day
of April and on the 8111 and 22"d days of May 2018, to consider this Agreement; and
a�
WHEREAS, the City has determined that this Agreement is in the public interest,
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is consistent with its policy to encourage the redevelopment of hotels and motels in
Marathon, and will further the health, safety and welfare of the residents of Marathon.
NOW therefore, in consideration of the mutual promises and undertakings
contained herein, the receipt and sufficiency of which are hereby acknowledged, the
Parties agree as Follows: _
I. Recitals. C
The foregoing recitals are a part of this Agreement on which the parties have relied and
are incorporated into this Agreement by reference.
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II. Purposes of Agreement. 0
The purposes of this Agreement are as Follows: ca
A. To encourage Redevelopment of the Property consistent with the City of
Marathon's Comprehensive Plan and Objective 1-3.4 of the City of Marathon's
Comprehensive Plan; "
B. To redevelop the property with seven (7) studio efficiencies, by converting
seven existing transient units and requests assistance from the City of Marathon to
acquire eleven (1 1) Affordable Residential Allocations to be used to convert the seven(7)
transient units and construct the four(4) new three bedroom/two bath units_ U)
C. To accomplish the project in three(3) phases:
• Phase 1 — Acquire Affordable Allocations and refurbish the seven hotel
rooms as affordable housing units to be thus deed restricted as affordable 00
(99 years). Refurbishment to be accomplished within six (6) months of cy
acquiring allocations;
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Bk# 2913 Pg# 110a
• Phase 2 — Construct four (4) three bedroom residential units to be deed
restricted as affordable (99 years). To be accomplished within twenty-four
(24) months acquiring allocations;
• Phase 3 — Raise the roof on the seven (7) affordable units refurbished and
deed restricted in Phase 1 in order to add a second floor living space_ Phase
3 shall be accomplished within thirty-six (36) months of acquiring
allocations.
D. To allow the average size of approximately 361 square feet (Range 330 to
408 square feet) for the seven hotel rooms being converted to affordable housing C
units with the proviso that the size of the units will thereafter be increased
pursuant to conditions in Phase 3.
E. To maintain the Property in compliance with Environmental Quality
Standards, Setbacks, Open Space, Buffer Yard and other applicable LDRs; And
III. Definitions.
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For the purposes of this Agreement, all terms shall have the definitions as found in the
City of Marathon's Land Development Regulations, Comprehensive Plan and in Chapter
163, Florida Statutes, or in other applicable Florida Statutes, if not defined in the Code,
Plan, or Statute, the term shall be understood by its usual and customary meaning.
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IV. Statutory and Code Requirements. ens
The Parties recognize the binding effect of the Florida Local Government Development
Agreement Act, Sections 163.3221, et seq., Florida Statutes, as to the form and content of
this Agreement and accordance therewith set forth and agree to the following:
A. Legal Description and Ownership.
cu
IMBY, Inc. a Florida Corporation is the Owner of the Property, which Property is the M
subject of this Agreement, as described in Exhibit A, Improvement Location and C14
Boundary Survey. There are no other legal or equitable owners of the subject property
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known to the parties to this Agreement.
B. Duration of Agreement.
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The duration of the Agreement shall be seven years.
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Doca 2174994
Bkt3 2913 Pgt: 1109
To Owner shall accomplish the project in three (3)phases:
• Phase 1 — Acquire Affordable Allocations and refurbish the seven hotel
rooms as affordable housing units to be thus deed restricted as affordable
housing units (99 years). Refurbishment to be accomplished within six (6)
months of acquiring allocations;
• Phase 2 — Construct four (4) three bedroom residential units to be deed
restricted as affordable (99 years). To be accomplished within twenty-four
(24) months of acquiring allocations.
• Phase 3 — Raise the roof on the seven (7) affordable units refurbished and
deed restricted in Phase 1 in order to add a second floor living space. Phase
3 shall be accomplished within thirty-six (36) months of acquiring
allocations.
This Agreement may be renewed or extended as provided herein. If the Owner has not
complied with the Schedule of Construction, this Agreement may be subject to
Termination as provided herein.
C. Permitted Uses.
1. The Development permitted on the Property shall consist of those uses set forth
herein, as identified on the conceptual site plan attached hereto as Exhibit B, and
incorporated herein by reference. The permitted uses are as follows:
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i. 7 initial efficiency affordable housing Deed Restricted units converted from
seven existing transient units;
ii. 4 three bed/2 bath Single Family Deed Restricted Affordable Units
iii. Auxiliary structure for use as storage units and laundry facilities by tenants.
2. For the duration of this Agreement, the Parties agree that any and all of the
approved redevelopment shall adhere to, conform to, and be controlled by this
Agreement, the Exhibits attached hereto and incorporated by reference, the LDRs and the
Comprehensive Plan Governing the Redevelopment of the subject property on the
Effective Date of this Agreement. In the event that all or a portion of the existing or
authorized development subject to this Agreement should be destroyed by storm, fire or
other disaster, the Owner, it's grantees, successors, or assigns shall have the absolute
right to rebuild or repair the affected structure(s) and reinitiate the prior approved use so
long as such development is in compliance with this Agreement.
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3. The following documents are attached hereto and incorporated by reference, Q
showing the Property Boundary and Existing and Proposed Uses:
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Exhibit A: Improvement Location and Boundary Survey
Exhibit B: Site Plan
Exhibit C: Warranty Deed
4. Applicable Density, Intensity and Building Heights. Density and Intensity shall be
as provided in this Agreement and as shown in Article 3, Use and Intensity Tables
Maximum Building Height shall be thirty-seven (37) feet, as provided in Future Land
Use Element Policy 1-3.2.5 in the City's Comprehensive Plan and as defined by the U)
LDRs,
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5. The Owner shall execute and record in the public records of Monroe County deed
restrictions in a form acceptable to the City Attorney for a term of no less than ninety cu
nine (99)years.
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D. Public Facilities _
1. The Florida Keys Aqueduct Authority provides domestic potable water.
2. Electric Service is provided by the Florida Keys Electric Co-op.
3. Solid Waste Service is provided by Marathon Keys Garbage Service.
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4. Owner shall provide wastewater and Sewage Collection and Disposal by expanding its
current connection to the City. ca
5. Educational Facilities. The redevelopment of transient use as contemplated by this
Agreement will not impact education facilities.
6. Recreational Facilities. The Property includes onsite recreational facilities for visitors
and guests of the property. Therefore, redevelopment of the property will have no impact
on public recreation facilities.
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7. Stormwater. A Stormwater Management System which meets all applicable local, state
and federal requirements shall be constructed onsite as part of the Site Redevelopment.
This system will retain, detain, and treat Stormwater on the Property and therefore will
provide a substantial benefit to water quality in the area. There shall be no direct
discharge to the City of Marathon Nearshore Waters. 00
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8. Fire Protection. The Owner shall provide fire hydrants and other such fire protection
facilities as required by the Life Safety Code administered by the City Fire Department.
Fire sprinklers will be installed as required by City Code.
E. Local Development Permits.
The following is a list of all Development Permits approved or needed to be approved for
the redevelopment of the Property as specified and requested in this Agreement:
a�
1. This Development Agreement.
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2. Conditional Use Approval.
3. The Final Site Plan, Landscape Plan, Drainage Plan, Building Elevations and
Floor Plan approvals.
4. Building and related construction permits for all structures, utilized for principal
use or accessory use, land clearing, and landscaping. At any time any building
permit is applied for, Owner shall demonstrate compliance with all applicable
Federal, State and Municipal Disabled-access Regulations in effect at the time of
application.
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5. Federal, State, Regional, and Local Permits for Stormwater runoff.
6. Nothing in this Agreement shall preclude the parties from applying additional
conditions, by mutual agreement, during Final Site Plan review or permitting.
G. Finding of Consistency.
By Entering into this Agreement, the City finds that the redevelopment permitted or
proposed herein is consistent with and furthers the Comprehensive Plan (as defined
herein), applicable LDRs and the Principles for Guiding Development set forth at Section
380.0552(7), Florida Statutes.
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H. Redevelopment and Replacement of BPAS Exempt Units and Square Footage
The Parties acknowledge that there existed on the Property a total of 7 transient units, one 17
V.-
Market Rate Residential Unit, one (1) auxiliary structure that are lawfully established and BPAS 00
exempt. And four (4) new affordable housing deed restricted single family units to be cy
constructed. As part of the approval of this Conditional Use Permit and of the requested
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Development Agreement, THE APPROVAL OF THE REQt1ESTED CONDITIONAL USE
PERMIT AND DEVELOPMENT AGREEMENT AMENDMENTS DO NOT CONVEY OR
GRANT A VESTED RIGHT OR ENTITLEMENT TO FUTURE ALLOCATIONS BY THE
CITY OF ANY AFFORDABLE RESIDENTIAL UNITS NOT CURRENTLY IN
POSSESSION BY THE APPLICANT AS REFERENCED IN THE PROPOSED
CONDITIONAL USE PERMIT AND DEVELOPMENT AGREEMENT.
I. Reservations or Dedications of Land for Public Purposes.
The parties anticipate that Owner may reserve or dedicate land for public purposes in U)
connection with the Redevelopment, but is currently unaware of the specifics of such
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reservation(s) or dedication(s). Reservations and dedications for public purposes in
connection with this Agreement may be requested by the City's Comprehensive Plan and
City Code. Such reservations or rededications may include, by way of example,
easements necessary for the provision of stormwater, utility, and wastewater services to
the Property.
J. Mutual Cooperation.
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City and Owner agree to cooperate fully and assist each other in the performance of the
provisions of this Agreement.
K. Development to Comply with Permits and City Comprehensive Plan and Code
Provisions.
The redevelopment shall be developed in accordance with all required permits and in ca
accordance with all applicable provisions of the City's Comprehensive Plan and Land
Development Regulations in effect on the effective date of this Agreement. No
Certificate of Occupancy for an individual building shall be issued until all plans for that
building are approved by the City and Owner has complied with all conditions in permits
issued by the City and the other regulatory entities for that building_ The City agrees that
any permits or certificates of occupancy to be issued by the City shall not be
unreasonably withheld or delayed.
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L. Compliance With Permit, Terms. Conditions, and Restrictions Not Identified Herein.
The failure of this Agreement to address a particular permit, condition, term, or I-
restriction shall not relieve Owner of the necessity of complying with the law governing 17
said permitting requirements, conditions, terms, or restrictions. 00
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M. Laws Governing.
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1. For the duration of this Agreement, all approved development of the Property shall
comply with and be controlled by this Agreement and provisions of the City's
Comprehensive Plan and City Code in effect on the date of execution of this Agreement,
inclusive of text changes and rezoning approved by the City Council on the date of the
City's approval of this Agreement, if any. The parties do not anticipate that the City will
apply subsequently adopted laws and policies to the Property, except as expressly
provided in this Agreement.
2. Pursuant to Section 163.3233, Florida Statutes, the City may apply subsequently U)
adopted laws and policies to the Property only if the City holds a public hearing and
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determines that:
i. The new laws and policies are not in conflict with the laws and policies governing M
the Agreement and do not prevent development of the land uses, intensities, or
densities set forth in this Agreement;
ii. The new laws and policies are essential to the public health, safety, or welfare, and
the City expressly states that they shall apply to the development that is subject to
this Agreement; M
iii. The City demonstrates that substantial changes have occurred in pertinent
conditions existing at the time of approval of this Agreement; or
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iv. The Agreement is based on substantially inaccurate infonnation supplied by
Owner.
Provided, however, nothing in this Agreement shall prohibit the parties from mutually M
agreeing to apply subsequently adopted laws to the Property.
3. If state or federal laws enacted after the Effective Date of this Agreement preclude
any party's compliance with the tenns of this Agreement, it shall be modified as
necessary to comply with the relevant state or Federal laws. However, this Agreement
shall not be construed to waive or abrogate any rights that may vest pursuant to common
law. U)
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N. Amendment, Renewal and Termination.
This Agreement may be amended, renewed, or terminated as follows: 00
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1. As provided in Section 163.3237, Florida Statutes, this Agreement may be amended
by mutual consent of the parties to this Agreement or by their successors in interest.
Amendment under this provision shall be accomplished by an instrument in writing
signed by the parties or their successors.
2. As provided in Section 163.3237, Florida Statutes, this Agreement may be renewed
by the mutual consent of the parties, subject to the public hearing requirement in Section
163.3225, Florida Statutes, and applicable LDRs. The City shall conduct at least two (2)
public hearings, one of which may be held by the local planning agency at the option of
the City. Notice of intent to consider renewal of the Agreement shall be advertised U)
approximately seven (7) days before each public hearing in a newspaper of general
circulation and readership in Marathon, and shall be mailed to all affected property
owners before the first public hearing. The day, time, and place at which the second
public hearing will be held shall be announced at the first public hearing. The notice
shall specify the location of the land subject to the Agreement, the development uses on
the Property, the population densities, and the building intensities and height and shall
specify a place where a copy of the Agreement can be obtained. _
3. This Agreement may be tenminated by Owner or its successor(s) in interest following
a breach of this Agreement by the City upon written notice to the City as provided in this
Agreement.
4. Pursuant to Section 163.3235, Florida Statutes, this Agreement may be revoked or
modified by the City if, on the basis of substantial competent evidence, the City finds
there has been a failure by Owner to comply with the terms of this Agreement.
5. This Agreement may be terminated by mutual consent of the parties.
O. Breach of Agreement and Cure Provisions.
1. If the City concludes that there has been a material breach in this Agreement by
Owner, prior to revoking this Agreement, the City shall serve written notice on Owner
identifying the tern or condition the City contends has been materially breached and
providing Owner with ninety (90) days from the date of receipt of the notice to cure the
breach or negotiate an amendment to this Agreement. Each of the following events,
subject to subsection 5 below, shall be considered a material breach of this Agreement:
(i)Failure to comply with the provisions of this Agreement;
(ii) Failure to comply with terns and conditions of permits issued by the City or 00
other regulatory entity for the development authorized by this Agreement_ CD
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2. If Owner concludes that there has been a material breach in the terms of this
Agreement by the City, Owner shall serve written notice on the City identifying the term
or condition Owner contends has been materially breached and providing the City with
ninety (90) days from the date of receipt of the notice to cure the breach, or negotiate an
amendment to this Agreement. The following events, subject to subsection 5 below, shall
be considered a material breach of this Agreement:
(i) Failure to comply with the provisions of this Agreement;
(ii) Failure to timely process any application for Site Plan approval or other
development authorized by this Agreement.
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3. If either party waives a material breach in this Agreement, such a waiver shall not be
deemed a waiver of any subsequent breach.
4. Notwithstanding any other provisions of this Development Agreement to
the contrary, neither party hereto shall be deemed to be in default under this
Development Agreement where delay in the construction or performance of the
obligations imposed by this Development Agreement are caused by war, r-
revolution, labor strikes, lockouts, riots, floods, earthquakes, fires, casualties,
acts of God, governmental restrictions, embargoes, litigation (excluding
litigation between the City and the Owner), tornadoes, hurricanes, tropical M
storms or other severe weather events, or any other causes beyond the control
of such party. The time of performance hereunder, as well as the term of this
Development Agreement, shall be extended for the period of any forced delays
or delays caused or resulting from any of the foregoing causes. The Owner
must submit evidence to the City's reasonable satisfaction of any such delay.
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P. Notices. M
All notices, demands, requests, or replies provided for or permitted by this
Agreement, including notification of a change of address, shall be in writing to
the addressees identified below, and may be delivered by anyone of the
following methods: (a) by personal delivery; (b) by deposit with the United
States Postal Services as certified or registered mail, return receipt requested,
postage prepaid; or (c) by deposit with an overnight express delivery service e)
with a signed receipt required. Notice shall be effective upon receipt. The
addresses and telephone numbers of the parties are as follows:
TO OWNER: 00
IMBY, Inc.
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c/o Joshua Mothner
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Bk" 2913 Pgss 1116
490 52" Street Gulf
Marathon, Florida 33050
(305) 942-9519
josh,'q fundinthesun.coin
TO THE CITY:
City Manager
City of Marathon
9805 Overseas Highway Uy
Marathon, Florida 33050
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(305) 743-0033
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With a copy by regular U.S. Mail to:
City Attorney
City of Marathon
9805 Overseas Highway _
Marathon, Florida 33050
(305)743-0033 C
Q. Annual Report.
On each anniversary date of the Effective Date of this Agreement, Owner shall
provide the City with a report identifying (a) the amount of development C
authorized by this Agreement that has been completed, (b) the amount of
development authorized by this Agreement that remains to be completed, and
(c) any changes to the plan of development that have occurred during the one
(1) year period from the Effective Date of this Agreement or from the date of
the last Annual Report.
R. Enforcement.
In accordance with Section 163.3243, Florida Statutes, any party to this
Agreement, any aggrieved or adversely affected person as defined in Section cv
163.3215(2), Florida Statutes, or the State Land Planning Agency may file an
action for injunctive relief in the Circuit Court of Monroe County, Florida, to
enforce the terms of this Agreement or to challenge the compliance of this
Agreement with the provisions of Section 163.3220-163.3243, Florida Statutes_
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S. Binding Effect. cy
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This Agreement shall be binding upon the parties hereto, their successors in
interest,heirs, assigns, and personal representatives.
T. Assignment.
This Agreement may not be assigned without the written consent of the parties,
or to other third parties with written consent, which shall not be unreasonably
withheld.
U. Draftine of Agreement.
The parties acknowledge that they jointly participated in the drafting of this
Agreement and that no term or provision of this Agreement shall be construed
in favor of or against either party based solely on the drafting of the
Agreement.
V. Severability.
In the event any provision, paragraph or section of this Agreement is
determined to be invalid or unenforceable by a court of competent jurisdiction, C
such determination shall not affect the enforceability or validity of the
remaining provisions of this Agreement. M
W.Applicable Laws.
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This Agreement was drafted and delivered in the State of Florida and shall be
construed and enforced in accordance with the laws of the State of Florida.
X. Litigation/Attorneys Fees; Venue; Waiver of Right to Jury Trial. M
As between the City and Owner, in the event of any litigation arising out of this
Agreement, the prevailing party shall be entitled to recover all reasonable costs M
incurred with respect to such litigation, including reasonable attorney's fees.
This includes, but is not limited to, reimbursement for reasonable attorney's M
fees and costs incurred with respect to any appellate, bankruptcy, post- cw
judgment, or trial proceedings related to this Agreement. Venue for any legal e)
proceeding arising out of this Agreement shall be in Monroe County, Florida.
THE PARTIES TO THIS AGREEMENT WAIVE THE RIGHT TO A JURY17
TRIAL IN ANY LITIGATION ARISING OUT OF 'PHIS AGREEMENT. 00
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Y. Use of Singular and Plural.
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Where the context requires, the singular includes the plural, and plural includes
the singular.
Z. Duplicate Originals; Counterparts.
This Agreement may be executed in any number of originals and in
counterparts, all of which evidence one agreement. Only one original is
required to be produced for any purpose.
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AA. Headinzs.
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The headings contained in this Agreement are for identification purposes only as
and shall not be construed to amend, modify, or alter the terms of this
Agreement.
BB. Entirety of Agreement. _
This Agreement incorporates or supersedes all prior negotiations,
correspondence, conversations, agreements, or understandings regarding the
matters contained herein. The parties agree that there are no commitments, M
agreements, or understandings concerning the subjects covered by this
Agreement that are not contained in or incorporated into this document and,
accordingly, no deviation from the terms hereof shall be predicated upon any
prior representations or agreements, whether written or oral. This Agreement
contains the entire and exclusive understanding and agreement among the
parties and may not be modified in any manner except by an instrument in
writing signed by the parties.
CC. Recording,; Effective Date.
The Owner shall record this Agreement in the public records of Monroe
County, Florida, within fourteen(14) days after the date the last party signs this
Agreement. A copy of the recorded Agreement showing the date, page and
book where recorded shall be submitted to the State Land Planning Agency at U)
the Department of Department of Economic Opportunity, 107 East Madison
Street, Tallahassee FL 32399 by hand delivery or, registered or certified United
States mail, or by a delivery service that provides a signed receipt showing the
date of delivery, within fourteen (14) days after the Agreement is recorded and 00
received by the Owner or his agents. Owner shall also provide a copy of the
recorded Agreement to the City at 9805 Overseas Highway, Marathon, Florida
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33050, within the same time period. This Agreement shall become effective
thirty (30) days after the date the State Land Planning Agency receives its copy
from the City, as required by Section 380.0552(9), Florida Statutes-
DD. Date of Agreement.
The Date of Agreement of is the date the last party signs and acknowledges this
Agreement.
IN WITNESS WHEREOF,the parties hereto have set their hands and seals on the day
and year below written. Signed, sealed, and delivered in the presence of:
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WITNESSES: OWNER
IMBY,Inc.
Signature
By. �U Name: / �-> (+'�3�K4`j(r
Name of witness (printed or typed) President
Signature
By:
Name of witness(printed or typed) e�
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STATE OF FLORIDA
COUNTY OF MONROE
C �
The following instrumWntas a owledged before me on this J day of
2018, by 1!L ; h}� s President of IMBY, Inc., who iscv� ersonally knowto me or who produced
------- �''- as identification, and who 0
did/did take.-n oath.
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N ary P lic, St o 1da At Large
My commission expires: 1 ��j J� 1 cv
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MYC0MM1SSION#OG1565% `.
EXPIRES:Oaobw 30,2021
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On the 2-7-day of 2018, The City Council of the City of
Marathon approved this Agreem t by Resolution No. 20t A I
ATTEST: CITY OF MARATHON
By: �� Q
iane Clavier, City Clerk Michelle Coldiron,MAYOR U)
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APPROVED AS TO FROM AND LEGALITY
FOR THE USE AND RELIANCE OF THE
CITY OF MA HON,FLORIDA ONLY.
David Migut, eity A(torney
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MONROE COUNTY 0
OFFICIAL RECORDS
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Sponsored by: Lindsey
CITY OF MARATHON, FLORIDA
RESOLUTION 2018-84
A RESOLUTION OF THE CITY OF MARATHON, FLORIDA,
APPROVING THE ALLOCATION OF ELEVEN (11) ADMINISTRATIVE
RELIEF ALLOCATIONS TO BE AS AFFORDABLE ALLOCATIONS BY
IMBY, INC UNDER ITS APPROVALS PURSUANT TO RESOLUTIONS
2018-46 AND 2018-47; AND PROVIDING FOR AN EFFECTIVE DATE.
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WHEREAS, IMBY, Inc, was provided both a Conditional Use Permit and A Development
Agreement approvals pursuant to Resolutions 2018-46 and 2018-47 respectively; and
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WHEREAS, IMBY, Inc. was also provided the terms of an Interlocal Agreement (ILA)
between the County and the City (Resolution 2018-61) which would potentially provide necessary
affordable allocations to the property and project; and
WHEREAS,the terms required by the County in order to approve the ILA were unacceptable
to the City; and
0
WHEREAS,the City wishes the IMBY,Inc project to move forward expeditiously and with n
the City's complete support,
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.
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Section 2. Hereby approves the provision of eleven (11) Administrative Relief BPAS .�
allocations to be utilized by IMBY,Inc.as Affordable BPAS allocations understanding that remaining
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affordable projects which have requested affordable allocation to date may be provided for 00
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Section 3. Effective Date. This Resolution shall become effective immediately upon its
adoption.
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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
MARATHON, FLORIDA, THIS 14TH DAY OF AUGUST, 2018.
THE CITY OF MARATHON, FLORIDA �
Michelle Coldiron, Mayor
Packet Pg. 1424
G.2.d
AYES: Bartus, Zieg, Senmartin, Cook, Coldiron
NOES: None
ABSENT: None
ABSTAIN: None
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
6imis Clavier, City Clerk
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(City Seal)
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APPROVED AS TO FORM AND LEGALITY FOR THE USE AND RELIANCE OF THE
CITY OF MARATHON, FLORIDA ONLY:
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David Nefgut, City ttomc � 2
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Packet Pg. 1425
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Sponsored by: Lindsey
CITY OF MARATHON, FLORIDA
RESOLUTION NO. 2019-72
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MARATHON, FLORIDA, NOMINATING PROPERTY FOR PURCHASE
BY THE MONROE COUNTY COMPREHENSIVE PLAN LAND
AUTHORITY FOR THE PURPOSES OF SUPPORTING WORKFORCE
HOUSING (RE NO. 00347290-000000); AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the City of Marathon desires the Monroe County Comprehensive Plan Land
Authority to purchase a property (RE No. 00347290-000000) for workforce housing as identified
in"Exhibit A"; and
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WHEREAS, purchase of the subject property for workforce housing property is
consistent with the policies of the City's Comprehensive Plan and Land Development
Regulations; and
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2
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WHEREAS,the property owners have agreed to discuss sales of the subject properties to
the Monroe County Comprehensive Plan Land Authority (hereinafter "Land Authority"); and 2
WHEREAS, the Land Authority wishes to assist the City in acquiring the subject
property as workforce housing land.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MARATHON, FLORIDA, THAT: N
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Section 1. The above recitals are true and correct and incorporated herein.
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Section 2. The City Council hereby nominates the subject property for purchase by the
Land Authority as identified in "Exhibit A" for workforces housing. Upon the Land Authority's
purchase of the subject property, the City Council hereby requests that the Land Authority
transfer title to the City of Marathon.
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Section 3. The City Mayor is hereby authorized to execute an affordable housing deed
restriction in favor of the Land Authority as may be required.
Section 4. This resolution shall take effect immediately upon its adoption.
Packet Pg. 1426
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
MARATHON, FLORIDA, THIS 13th DAY OF AUGUST, 2019.
THE CITY OF MARATHON, FLORIDA
John Bartus, or
AYES: Cook, Gonzalez, Senmartin, Zieg, Bartus
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
.2
Diane Clavier, City Clerk
(City Seal)
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND C14
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RELIANCE OF THE CITY OF MARATHON, FLORIDA ONLY: 0
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David Migut, City Attorney .2
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Exhibit"A"
Aerial Photograph of Subject Property
RE No. 00347290-000000
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