Item J5 J.5
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
November 20, 2019
Agenda Item Number: J.5
Agenda Item Summary #6272
BULK ITEM: No DEPARTMENT: Land Authority Governing Board
TIME APPROXIMATE: STAFF CONTACT: Charles Pattison (305) 295-5180
9:15 A.M. Land Authority
AGENDA ITEM WORDING: Approval of a resolution committing acquisition funding for the
City of Marathon's purchase of the Anchor Inn Motel affordable housing site subject to conditions.
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.
IMBY, Inc. has a separate contract to sell the rights to the property's seven transient units to a third
party.
The proposed resolution authorizes the Land Authority to contribute $600,000 toward the City's
purchase of the property provided the City executes a Land Use Restriction Agreement restricting
the property to affordable housing at an income level not to exceed 160% of Area Median Income.
This funding commitment will not expire until May 1, 2020, giving the City over six months to
acquire the property.
ADVISORY COMMITTEE ACTION: On October 30, 2019 the Committee voted 510 to approve
the resolution.
PREVIOUS RELEVANT BOCC ACTION: On September 18, 2019 the Board approved adding
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the property to the Acquisition List as an affordable housing site.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
MCLAResolution
MarathonReso12018-47
MarathonReso12018-84
MarathonReso12019-72
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 11/05/2019 9:01 AM
Kathy Peters Completed 11/05/2019 9:18 AM
Board of County Commissioners Pending 11/20/2019 9:00 AM
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RESOLUTION NO.
A RESOLUTION OF THE MONROE COUNTY
COMPREHENSIVE PLAN LAND AUTHORITY COMMITTING
ACQUISITION FUNDING FOR THE CITY OF MARATHON'S
PURCHASE OF THE ANCHOR INN MOTEL AFFORDABLE
HOUSING SITE SUBJECT TO CONDITIONS.
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WHEREAS, the Anchor Inn Motel property (RE #00347290-000000) is legally described as Lots
29 and 30, Atlantic Shores (PB 3-5) and is a 31,881 square foot site located at 7931 Overseas
Highway within the City of Marathon (hereinafter "City") that has received development
approvals for 11 units of affordable housing; and Cr
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WHEREAS, the City of Marathon has adopted Resolution No. 2019-72 nominating the property
for purchase by the Monroe County Comprehensive Plan Land Authority (hereinafter "Land
Authority") as an affordable housing site; and
WHEREAS, the Land Authority desires to contribute funding toward the City's purchase of the
property subject to the Land Authority receiving from the City at closing a real property interest
in the form of the Land Use Restriction Agreement shown as Attachment "A"; and
WHEREAS, the Land Authority Advisory Committee considered this resolution on October 30,
2019 and voted 5/0 to recommend approval; NOW, THEREFORE,
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BE IT RESOLVED BY THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY
that Land Authority funding toward the City's purchase of the Anchor Inn Motel property is
hereby approved subject to the following conditions:
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A. The transaction shall be structured with the City as the Buyer and the Land Authority as M
contributing toward the City's purchase price.
B. The Land Authority's contribution shall be $600,0000.
C. At closing, the City shall execute the Land Use Restriction Agreement shown as Attachment
"A„
D. The Land Authority's funding commitment shall expire on May 1, 2020.
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PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a
regular meeting on this day of 12019.
Commissioner Michelle Coldiron _
Commissioner Danny Kolhage —
Commissioner Sylvia Murphy —
Commissioner David Rice
Chairman Heather Carruthers
(Seal)
ATTEST: MONROE COUNTY COMPREHENSIVE Us
PLAN LAND AUTHORITY Cr
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Charles G. Pattison Heather Carruthers
Executive Director Chairman
Approved as to form and legality 0
Adele V. Stones
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Attachment "A"
THIS INSTRUMENT PREPARED
BY AND RETURN TO:
Adele V. Stones,Esq.
Oropeza,Stones,&Cardenas,PA
221 Simonton Street
Key West,FL 33040
as
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LAND USE RESTRICTION AGREEMENT
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Anchor Inn Motel (IMBY, Inc.) Property/7931 Overseas Highway, Marathon, FL
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THIS LAND USE RESTRICTION AGREEMENT (hereinafter "Agreement") is made
and entered into as of the day of 2019, between the CITY OF c
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MARATHON, a municipal corporation of the State of Florida (hereinafter "City") and the
MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, a land authority
pursuant to section 380.0663(1), Florida Statutes and Monroe County Ordinance No. 031-1986
(hereinafter "Land Authority"), and their respective successors and assigns. 2
RECITALS g
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A. The Anchor Inn Motel property is legally described as Lots 29 and 30, Atlantic
Shores as recorded in Plat Book 3, Page 5, of the Public Records of Monroe County, Florida
(hereinafter "Subject Property") and currently has a street address of 7931 Overseas Highway in 0
Marathon, Florida.
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B. The Marathon City Council has adopted Resolution 2019-72 nominating the
Subject Property for purchase by the Land Authority and subsequent conveyance to the City as
an affordable housing site.
C. In accordance with Land Authority Resolution xx-2019, the Land Authority has U)
provided $600,000 toward the City's purchase of Subject Property.
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D. As a condition of receiving said Land Authority funding, the City has agreed that
the Subject Property shall comply with the affordable housing requirements specified herein.
NOW, THEREFORE, in consideration of the mutual covenants and undertakings set
forth herein, and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the City and the Land Authority do hereby contract and agree as follows:
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ARTICLE I
COMPLIANCE WITH LAND AUTHORITY REQUIREMENTS
In order to comply with the Land Authority's requirements pursuant to section
380.0663(1), et seq., Florida Statutes and Monroe County Ordinance No. 031-1986, the City
hereby covenants and agrees as follows:
1.01 The restrictions contained in this Article I shall not expire, shall run with the Subject
Property in perpetuity and shall be binding upon the City, its successors or assigns.
1.02 Use of the Subject Property shall be restricted to the provision of affordable housing for
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households whose income does not exceed 160% of the Area Median Income. Nothing
herein shall preclude the City or any other entity providing affordable housing on the
Subject Property from setting more restrictive income limits than those imposed by this
Agreement.
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1.03 The City is responsible for ensuring compliance with the restrictions in this Article I and
expressly agrees to furnish, upon the Land Authority's request, written certification
thereof.
ARTICLE II
CONSIDERATION a
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In addition to other purposes, the Land Authority has provided funding for the purchase r-
of the Subject Property by the City as an inducement to the City to restrict use of the Subject
Property to affordable housing in perpetuity. In consideration of said Land Authority funding for U)
the foregoing purposes, the City and the Land Authority have entered into this Agreement. 2
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ARTICLE III
RELIANCE
In performing its duties hereunder, the Land Authority may rely upon statements and
certificates of the City, its tenants, and the residents of the Subject Property believed to be
genuine and to have been executed by the proper person or persons, and upon audits of the books
and records of the City pertaining to occupancy of the Subject Property. U)
ARTICLE IV
TERM
This Agreement shall become effective upon its execution and delivery, and shall remain
in full force and effect without expiration, unless modified by mutual written consent of the
parties.
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ARTICLE V
ENFORCEMENT
If the City defaults in the performance of its obligations under this Agreement or
breaches any material covenant, agreement or warranty of the City set forth in this Agreement 6
and if such default remains uncured for a period of thirty (30) days after written notice thereof
shall have been given by the Land Authority to the City, then the Land Authority may take any
action at law or in equity or otherwise to address said default(s). However, if the default stated in
such notice can be corrected, but not within the thirty (30) day period, and if the City adopts a
plan to correct or cure the default and commences the correction within the thirty (30) day period
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(subject to any rights of tenants in possession of units under a valid lease agreement), and
thereafter diligently pursues the same to completion within such extended period, the Land
Authority shall not have waived its right of enforcement if the default remains uncured after the
expiration of the extended cure period.
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ARTICLE VI
RECORDING AND FILING; COVENANTS TO RUN WITH THE LAND
6.01. Upon execution the City shall cause this Agreement and all amendments and
supplements hereto to be recorded and filed in the official public records of Monroe County and
shall pay all fees and charges incurred in connection therewith. 2
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6.02 This Agreement and the covenants contained herein shall run with the land and r-
shall bind, and the benefits shall inure to, respectively, the City and the Land Authority and their
respective successors and assigns during the term of this Agreement. U)
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ARTICLE VII
GOVERNING LAW
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This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida, with respect to both substantive rights and with respect to procedures and
remedies.
ARTICLE VIII U)
NOTICE AND EFFECT
All notices and other communications to be made or permitted to be made hereunder
shall be in writing and shall be delivered to the addresses shown below or to such other addresses
that the parties may provide to one another in accordance herewith. Such notices and other
communications shall be given by any of the following means: (a) personal service or (b)
national express air courier, provided such courier maintains written verification of actual
delivery. Any notice or other communication given by the means described in subsection (a) or
(b) above shall be deemed effective upon the date of receipt or the date of refusal to accept
delivery by the party to whom such notice or other communication has been sent.
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Land Authority: Monroe County Land Authority
1200 Truman Avenue, Suite 207
Key West, FL 33040
Attention: Executive Director
City: City of Marathon
9805 Overseas Highway
Marathon, FL 33050
Attention: City Manager
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Any party may change said address by giving the other parties hereto notice of such
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change of address in accordance with the foregoing provisions.
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ARTICLE IX
MISCELLANEOUS
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9.01. If any provision of this Agreement shall be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining portions shall not in any way be affected or
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impaired.
9.02. This Agreement may be simultaneously executed in multiple counterparts, all of
which shall constitute one and the same instrument and each of which shall be deemed to be an a
original.
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COUNTERPART SIGNATURE PAGE TO
LAND USE RESTRICTION AGREEMENT
Anchor Inn Motel (IMBY, Inc.) Property/7931 Overseas Highway, Marathon, FL
as
IN WITNESS WHEREOF, the City and the Land Authority have caused this
Agreement to be signed, sealed and attested on their behalf by duly authorized representatives,
all as of the date first set forth above.
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WITNESSES: CITY OF MARATHON
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Print:
By: E
John Bartus, Mayor E
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Print:
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Address: 9805 Overseas Highway
Marathon, FL 33050
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[SEAL]
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STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of
2019 by John Bartus, as Mayor of the CITY OF MARATHON, a municipal
corporation of the State of Florida, on behalf of the City. Said person is personally known to me
or has produced a valid driver's license as identification.
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Notary Public; State of Florida
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Print Name:
My Commission Expires:
My Commission No.:
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COUNTERPART SIGNATURE PAGE TO
LAND USE RESTRICTION AGREEMENT
Anchor Inn Motel (IMBY, Inc.) Property/7931 Overseas Highway, Marathon, FL
as
IN WITNESS WHEREOF, the City and the Land Authority have caused this
Agreement to be signed, sealed and attested on their behalf by duly authorized representatives,
all as of the date first set forth above.
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WITNESSES: MONROE COUNTY COMPREHENSIVE PLAN
LAND AUTHORITY 0
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Print:
By: E
Heather Carruthers, Chairman E
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Print:
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Address: 1200 Truman Avenue
Suite 207
Key West, FL 33040
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[SEAL]
Approved as to form and legality
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Adele V. Stones, Esq.
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STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of
2019, by Heather Carruthers, as Chairman of the MONROE COUNTY
COMPREHENSIVE PLAN LAND AUTHORITY, a land authority pursuant to section
380.0663(1), Florida Statutes and Monroe County Ordinance No. 031-1986, on behalf of the
Land Authority. Said person is personally known to me or has produced a valid driver's license
as identification. E
Notary Public; State of Florida
Print Name:
My Commission Expires:
My Commission No.:
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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
("THE CODE") ENTITLED "DEVELOPMENT AGREEMENT",
AUTHORIZING THE DEVELOPMENT OF ELEVEN (11) AFFORDABLE Cr
UNITS ON PROPERTY LOCATED AT 7931 OVERSEAS HIGHWAY,
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
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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 0
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
(7)transient units and construct the four(4)new three bedroom/two bath units; and
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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 0
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; 4-
0 Phase 3 — Raise the roof on the seven (7) affordable units rehirbished and deed 0
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. 0-
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WHEREAS,the City Council of Marathon deems that the average size of approximately 361
square feet(Range 330 to 408 square feet)for the seven hotel rooms being converted to affordable I
housing units is an acceptable variance to the minimum square foot provisions for affordable housing 17
units pursuant to Section 104.13 and Sections 107.03, Table 107.03.1 in consideration of the 00
Applicant's agreement to carry out Phase 3 as noted immediately above; and
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Bko 2913 Pga 1102
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
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WHEREAS, and on the 24th day of April,2018 and the 8"'and 22",days of May,2018,the
City Council(the"Council")conducted properly advertised public hearings(the"Public Hearings")
regarding the request submitted by the Applicant,for a Development Agreement pursuant to Chapter Cr
102,Article 8 of the LDRs; and
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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
City of Marathon and will further the health, safety and welfare of the residents of Marathon; and
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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
OF MARATHON, FLORIDA,THAT:
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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 approves the Development Agreement, attached
hereto as"Exhibit A."
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Section 3. This resolution shall take effect immediately upon its adoption by the City of @
Marathon and after review and approval by the Department of Economic Opportunity pursuant to >
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Chapters 163 and 380,Florida Statutes.
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Bka 2913 P90 1103
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
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AYES: Cook,Bartus, Senmartin,Zieg, Coldiron
NOES: None
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ABSENT: None Cr
ABSTAIN: None �
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ATTEST:
Diane 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 Migut, t ity At rney
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8ktt 2913 P94 1104
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
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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 as
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. E
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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.
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
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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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Bktt 2913 P9tt 1106
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
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WHEREAS,the Applicant proposes to accomplish the pro ect in three (3)phases: cCr
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• 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
(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.
WHEREAS, the City Council of Marathon deems that the average size of
approximately 361 square feet (Range 330 to 408 square feet) for the seven hotel rooms
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 0
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
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WHEREAS, the Owner has provided public notice of the party's intent to CL
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consider entering into this agreement by advertisement published in a newspaper of
general circulation and readership in Marathon, posting the property subject to this
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 00
boundaries of the property subject to this Agreement; and Q
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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 8"' and 22"d days of May 2018, to consider this Agreement; and
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WHEREAS, the City has determined that this Agreement is in the public interest,
is consistent with its policy to encourage the redevelopment of hotels and motels in Cr
Marathon, and will further the health, safety and welfare of the residents of Marathon.
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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.
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The foregoing recitals are a part of this Agreement on which the parties have relied and as
are incorporated into this Agreement by reference.
II. Purposes of Agreement.
The purposes of this Agreement are as Follows:
A. To encourage Redevelopment of the Property consistent with the City of 0
Marathon's Comprehensive Plan and Objective 1-3.4 of the City of Marathon's
Comprehensive Plan;
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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) 0
transient units and construct the four(4) new three bedroom/two bath units_
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C. To accomplish the project in three(3) phases: CL
• 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
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acquiring allocations; Ir-
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• 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.
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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
units with the proviso that the size of the units will thereafter be increased Cr
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pursuant to conditions in Phase 3.
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E. To maintain the Property in compliance with Environmental Quality
Standards, Setbacks, Open Space, Buffer Yard and other applicable LDRs; And as
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III. Definitions.
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For the purposes of this Agreement, all terms shall have the definitions as found in the 0
City of Marathon's Land Development Regulations, Comprehensive Plan and in Chapter as
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.
IV. Statutory and Code Requirements.
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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:
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A. Legal Description and Ownership. 0
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IMBY, Inc. a Florida Corporation is the Owner of the Property, which Property is the
subject of this Agreement, as described in Exhibit A, Improvement Location and -
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. CL
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B. Duration of Agreement.
The duration of the Agreement shall be seven years. 00
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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 4-
(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
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3 shall be accomplished within thirty-six (36) months of acquiring cCr
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allocations.
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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 0
Termination as provided herein.
C. Permitted Uses.
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1. The Development permitted on the Property shall consist of those uses set forth as
herein, as identified on the conceptual site plan attached hereto as Exhibit B, and
incorporated herein by reference. The permitted uses are as follows:
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 0
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.
3. The following documents are attached hereto and incorporated by reference, 00
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
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
nine (99)years.
D. Public Facilities
1. The Florida Keys Aqueduct Authority provides domestic potable water.
0
2. Electric Service is provided by the Florida Keys Electric Co-op.
3. Solid Waste Service is provided by Marathon Keys Garbage Service.
4. Owner shall provide wastewater and Sewage Collection and Disposal by expanding its
current connection to the City. X
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5. Educational Facilities. The redevelopment of transient use as contemplated by this
Agreement will not impact education facilities.
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6. Recreational Facilities. The Property includes onsite recreational facilities for visitors
and guests of the property. Therefore, redevelopment of the property will have no impact
on public recreation facilities.
7. Stormwater. A Stormwater Management System which meets all applicable local, state
and federal requirements shall be constructed onsite as part of the Site Redevelopment. L_
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This system will retain, detain, and treat Stormwater on the Property and therefore will CL
provide a substantial benefit to water quality in the area. There shall be no direct
discharge to the City of Marathon Nearshore Waters.
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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: r_
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1. This Development Agreement.
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2. Conditional Use Approval. M
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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 0
Federal, State and Municipal Disabled-access Regulations in effect at the time of
application.
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.
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G. Finding of Consistency.
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By Entering into this Agreement, the City finds that the redevelopment permitted or U)
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.
H. Redevelopment and Replacement of BPAS Exempt Units and Square Footage
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The Parties acknowledge that there existed on the Property a total of 7 transient units, one
Market Rate Residential Unit, one (1) auxiliary structure that are lawfully established and BPAS �.
exempt. And four (4) new affordable housing deed restricted single family units to be
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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.
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The parties anticipate that Owner may reserve or dedicate land for public purposes in
connection with the Redevelopment, but is currently unaware of the specifics of such
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reservation(s) or dedication(s). Reservations and dedications for public purposes in Cr
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.
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
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 0
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. -
L. Compliance With Permit, Terms. Conditions, and Restrictions Not Identified Herein.
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The failure of this Agreement to address a particular permit, condition, term, or
restriction shall not relieve Owner of the necessity of complying with the law governing
said permitting requirements, conditions, terms, or restrictions. �.
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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.
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2. Pursuant to Section 163.3233, Florida Statutes, the City may apply subsequently
adopted laws and policies to the Property only if the City holds a public hearing and 2
determines that: rr
i. The new laws and policies are not in conflict with the laws and policies governing
the Agreement and do not prevent development of the land uses, intensities, or
densities set forth in this Agreement;
ii. The new laws and policies are essential to the public health, safety, or welfare, and
the City expressly states that they shall apply to the development that is subject to
this Agreement; 0
iii. The City demonstrates that substantial changes have occurred in pertinent
conditions existing at the time of approval of this Agreement; or
iv. The Agreement is based on substantially inaccurate infonnation supplied by
Owner.
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Provided, however, nothing in this Agreement shall prohibit the parties from mutually
agreeing to apply subsequently adopted laws to the Property.
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3. If state or federal laws enacted after the Effective Date of this Agreement preclude 0
any party's compliance with the tenns of this Agreement, it shall be modified as M
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. >
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N. Amendment, Renewal and Termination. CL
This Agreement may be amended, renewed, or terminated as follows:
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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) 4-
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
approximately seven (7) days before each public hearing in a newspaper of general 2
circulation and readership in Marathon, and shall be mailed to all affected property Cr
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 0
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.
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5. This Agreement may be terminated by mutual consent of the parties.
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O. Breach of Agreement and Cure Provisions.
6
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
other regulatory entity for the development authorized by this Agreement_
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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 r-
development authorized by this Agreement.
3. If either party waives a material breach in this Agreement, such a waiver shall not beCr
deemed a waiver of any subsequent breach.
4. Notwithstanding any other provisions of this Development Agreement to
the contrary, neither party hereto shall be deemed to be in default under this
Development Agreement where delay in the construction or performance of the
obligations imposed by this Development Agreement are caused by war,
revolution, labor strikes, lockouts, riots, floods, earthquakes, fires, casualties,
acts of God, governmental restrictions, embargoes, litigation (excluding 0
litigation between the City and the Owner), tornadoes, hurricanes, tropical
storms or other severe weather events, or any other causes beyond the control
of such party. The time of performance hereunder, as well as the 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.
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 U)
the addressees identified below, and may be delivered by anyone of the
following methods: (a) by personal delivery; (b) by deposit with the United
States Postal Services as certified or registered mail, return receipt requested,
postage prepaid; or (c) by deposit with an overnight express delivery service
with a signed receipt required. Notice shall be effective upon receipt. The 0-
CL
addresses and telephone numbers of the parties are as follows: CL
TO OWNER: �.
IMBY, Inc.
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c/o Joshua Mothner
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DOLL} 2174994
Bk" 2913 Pg# 1116
490 52" Street Gulf
Marathon, Florida 33050
(305) 942-9519
josh,a-.fundinthesun.coin
TO THE CITY:
City Manager
City of Marathon 0
9805 Overseas Highway
Marathon, Florida 33050
a
(305) 743-0033
With a copy by regular U.S. Mail to:
City Attorney
City of Marathon
9805 Overseas Highway
Marathon, Florida 33050
(305)743-0033
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Q. Annual Report. as
On each anniversary date of the Effective Date of this Agreement, Owner shall
provide the City with a report identifying (a) the amount of development
authorized by this Agreement that has been completed, (b) the amount of
development authorized by this Agreement that remains to be completed, and
(c) any changes to the plan of development that have occurred during the one
(1) year period from the Effective Date of this Agreement or from the date of 0
the last Annual Report.
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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
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-
S. Binding Effect.
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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.
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U. Draftine of Agreement.
The parties acknowledge that they jointly participated in the drafting of this 2
Agreement and that no term or provision of this Agreement shall be construed Cr
in favor of or against either party based solely on the drafting of the
Agreement.
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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,
such determination shall not affect the enforceability or validity of the 0
remaining provisions of this Agreement.
W.Applicable Laws.
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.
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 U)
incurred with respect to such litigation, including reasonable attorney's fees.
This includes, but is not limited to, reimbursement for reasonable attorney's -
fees and costs incurred with respect to any appellate, bankruptcy, post-
judgment, or trial proceedings related to this Agreement. Venue for any legal y
proceeding arising out of this Agreement shall be in Monroe County, Florida.
91
THE PARTIES TO THIS AGREEMENT WAIVE THE RIGHT TO A JURY
TRIAL IN ANY LITIGATION ARISING OUT OF 'PHIS AGREEMENT.
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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. r-
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AA. Headinzs.
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The headings contained in this Agreement are for identification purposes only
and shall not be construed to amend, modify, or alter the terms of this
Agreement.
BB. Entirety of Agreement.
This Agreement incorporates or supersedes all prior negotiations,
correspondence, conversations, agreements, or understandings regarding the 0
matters contained herein. The parties agree that there are no commitments,
agreements, or understandings concerning the subjects covered by this
Agreement that are not contained in or incorporated into this document and,
accordingly, no deviation from the terms hereof shall be predicated upon any
prior representations or agreements, whether written or oral. This Agreement
contains the entire and exclusive understanding and agreement among the
parties and may not be modified in any manner except by an instrument in
writing signed by the parties.
CC. Recording,; Effective Date.
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The Owner shall record this Agreement in the public records of Monroe L-
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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 y
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
received by the Owner or his agents. Owner shall also provide a copy of the
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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.
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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: 0
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WITNESSES: OWNER
IMBY,Inc" Cr
Signature
By.
�U Name: Q
Name of witness (printed or typed) President
Signature
By:
Name of witness(printed or typed) CD
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STATE OF FLORIDA 0
COUNTY OF MONROE as
The following instrum nt as ay�?owled ed before me on this 1 day of
2018, by { (� 1CL til',hh� s President of IMBY, Inc., who is
ersonally know- to me or who produced
------- �''- as identification, and who
did/did take.-n oath.
N ary P lic, St o 1da At Large
�� �' �
My commission expires: 1 >J � 1
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NATAUE MARIE PERE.Z
MYC0MM1SSION#OG1565% `.
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EXPIRES:October 30,2021
Boeaee Tr u Notory P*W t WWwOWe
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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. 20tVA
ATTEST: CITY OF MARATHON
By: �� Q
iane Clavier, City Clerk Michelle Coldiron,MAYOR
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APPROVED AS TO FROM AND LEGALITY Cr
FOR THE USE AND RELIANCE OF THE
CITY OF MA HON,FLORIDA ONLY.
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David Migut, eity A(torney E
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MONROE COUNTY
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 g
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
WHEREAS, IMBY, Inc. was also provided the terms of an Interlocal Agreement (ILA) E
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
WHEREAS,the City wishes the IMBY,Inc project to move forward expeditiously and with
the City's complete support,
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MARATHON, FLORIDA, THAT:
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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
affordable projects which have requested affordable allocation to date may be provided for Iq
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Section 3. Effective Date. This Resolution shall become effective immediately upon its
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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. 2057
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AYES: Bartus, Zieg, Senmartin, Cook, Coldiron
NOES: None
ABSENT: None
ABSTAIN: None
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
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6imis Clavier, City Clerk
(City Seal) E
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 ttcamc°
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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 g
HOUSING (RE NO. 00347290-000000); AND PROVIDING FOR AN 2
EFFECTIVE DATE Cr
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
WHEREAS, purchase of the subject property for workforce housing property is 0
consistent with the policies of the City's Comprehensive Plan and Land Development
Regulations; and
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
WHEREAS, the Land Authority wishes to assist the City in acquiring the subject
property as workforce housing land. 0
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MARATHON, FLORIDA, THAT: 0
0
Section 1. The above recitals are true and correct and incorporated herein.
Section 2. The City Council hereby nominates the subject property for purchase by the N
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. 0
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. 2059
J.5.d
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
MARATHON, FLORIDA, THIS 13t" DAY OF AUGUST, 2019.
THE CITY OF MARATHON, FLORIDA
John Bartus, or
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AYES: Cook, Gonzalez, Senmartin, Zieg, Bartus
NOES: None
ABSENT: None
ABSTAIN: None
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ATTEST:
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Diane Clavier, City Clerk
(City Seal)
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APPROVED AS TO FORM AND LE(rAL SUFFICIENCY FOR THE USE AND 0
RELIANCE OF THE CITY OF MARATHON, FLORIDA ONLY:
David Migut, City Attorney
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0
Packet Pg. 2060
J.5.d
Exhibit"A"
Aerial Photograph of Subject Property
RE No. 00347290-000000
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