Item F6 F.6
G BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Heather Carruthers,District 3
Ile Florida Keys Mayor Pro Tern Michelle Coldiron,District 2
- p �pw° Danny L.Kolhage,District I
aµ David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
December 11, 2019
Agenda Item Number: F.6
Agenda Item Summary #6347
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 as an affordable workforce housing site
subject to conditions.
ITEM BACKGROUND: The Anchor Inn Motel property is a 31,881 square foot site located at the
corner of 791' 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 workforce housing. The
Marathon City Council has adopted three resolutions related to the property. Resolution 2018-47
approves a Development Agreement for 11 units of workforce 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 $800,000 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.
ADVISORY COMMITTEE ACTION: On October 30, 2019 the Committee voted 510 to approve
the original funding resolution in the amount of $600,000. On November 21, 2019 the Committee
voted 3/1 to approve this revised resolution in the amount of $800,000 and to include a statement
that the Committee believes the City of Marathon should participate financially in the acquisition.
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F.6
PREVIOUS RELEVANT BOCC ACTION: On September 18, 2019 the Board approved adding
the property to the Acquisition List as an affordable housing site. On November 20, 2019 the Board
considered the original funding resolution but voted to increase the funding level from $600,000 to
$800,000.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Resolution
LURA
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 11/25/2019 10:36 AM
Kathy Peters Completed 11/25/2019 11:53 AM
Board of County Commissioners Pending 12/11/2019 9:00 AM
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F.6.a
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 AS AN
AFFORDABLE WORKFORCE HOUSING SITE SUBJECT TO
CONDITIONS.
WHEREAS, the Anchor Inn Motel (hereinafter "Subject Property") having a Tax ID Number of
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 workforce housing; U)
and
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WHEREAS, the City of Marathon has adopted Resolution No. 2019-72 nominating the Subject
Property for purchase by the Monroe County Comprehensive Plan Land Authority (hereinafter
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"Land Authority") as a workforce housing site; and
WHEREAS, the Land Authority desires to contribute funding toward the City's purchase of the
Subject 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 November
21, 2019; and ,
WHEREAS, the Land Authority Advisory Committee believes the City of Marathon should
participate financially in the acquisition of the subject property; and
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WHEREAS, the Land Authority Advisory Committee voted 3/1 to recommend approval of this
resolution; NOW, THEREFORE,
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:
A. The transaction shall be structured with the City as the Buyer and the Land Authority as 0
contributing toward the City's purchase price.
B. The Land Authority's contribution shall be $800,0000.
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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F.6.a
PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a
regular meeting on this day of 2019.
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Commissioner Michelle Coldiron _
Commissioner
Commissioner Sylvia Murphy —
Commissioner David Rice _ o
Chairman Heather Carruthers
(Seal) U)
ATTEST: MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
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Charles G. Pattison Heather Carruthers
Executive Director Chairman
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Approved as to form and legality
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Adele V. Stones
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F.6.b
Attachment A
THIS INSTRUMENT PREPARED
BY AND RETURN TO:
Adele V. Stones,Esq.
Oropeza, Stones,&Cardenas,PA
221 Simonton Street
Key West,FL 33040
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LAND USE RESTRICTION AGREEMENT
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
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.
RECITALS
A. The Anchor Inn Motel property is legally described as Lots 29 and 30, Atlantic g
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 Cr
Marathon, Florida.
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 a
workforce housing site.
C. In accordance with Land Authority Resolution xx-2019, the Land Authority has
provided $800,000 toward the City's purchase of Subject Property. U)
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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F.6.b
ARTICLE I
COMPLIANCE WITH LAND AUTHORITY REOUIREMENTS
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 U)
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.
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.
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ARTICLE II
CONSIDERATION
In addition to other purposes, the Land Authority has provided funding for the purchase
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
the foregoing purposes, the City and the Land Authority have entered into this Agreement.
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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.
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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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F.6.b
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,
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 U)
(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 U)
expiration of the extended cure period.
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.
6.02 This Agreement and the covenants contained herein shall run with the land and
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.
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ARTICLE VII
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GOVERNING LAW
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
NOTICE AND EFFECT 0
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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F.6.b
Land Authority: Monroe County Land Authority
1200 Truman Avenue, Suite 207
Key West, FL 33040
Attention: Executive Director
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City: City of Marathon
9805 Overseas Highway
Marathon,FL 33050
Attention: City Manager
Any party may change said address by giving the other parties hereto notice of such
change of address in accordance with the foregoing provisions.
ARTICLE IX
MISCELLANEOUS
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
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
original.
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F.6.b
COUNTERPART SIGNATURE PAGE TO
LAND USE RESTRICTION AGREEMENT
Anchor Inn Motel(IMBY, Inc.) Property/7931 Overseas Highway, Marathon, FL
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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.
WITNESSES: CITY OF MARATHON U)
Print:
By:
Steve Cook, Mayor
Print:
Address: 9805 Overseas Highway
Marathon, FL 33050
[SEAL]
STATE OF FLORIDA
COUNTY OF MONROE
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The foregoing instrument was acknowledged before me this day of
2019 by Steve Cook, 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. 0
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Notary Public; State of Florida
Print Name:
My Commission Expires:
My Commission No.:
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F.6.b
COUNTERPART SIGNATURE PAGE TO
LAND USE RESTRICTION AGREEMENT
Anchor Inn Motel (IMBY, Inc.) Property/7931 Overseas Highway, Marathon, FL
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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.
WITNESSES: MONROE COUNTY COMPREHENSIVE PLAN U)
LAND AUTHORITY
Print:
By:
Heather Carruthers, Chairman
Print:
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Address: 1200 Truman Avenue
Suite 207
Key West, FL 33040
[SEAL]
Approved as to form and legality
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Adele V. Stones, Esq.
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 U)
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.
Notary Public; State of Florida
Print Name:
My Commission Expires:
My Commission No.:
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