City of Marathon 09/18/2002
Clerk olllle
Circul coun
Danny L. Kolhage
Clerk ofthe Circuit Court
Phone: (305) 292-3550
FAX: (305) 295-3663
e-mail: phancock@monroe-clerk.com
Memorandum
TO: Timothy McGarry, Director
Growth Management Division
A TTN: Colleen Gardner
Executive Assistant
FROM: Pamela G. Hanc~
Deputy Clerk \3
DATE: October 21,2002
At the September 18, 2002, Board of County Commissioner's meeting the Board granted
approval and authorized execution of an Interlocal Agreement between Monroe County and the
City of Marathon for the transference of sixty-seven (67) affordable housing allocations.
Enclosed is a duplicate original of the above mentioned for your handling. Should you
have any questions please feel free to contact our office.
cc: County Administrator wlo document
County Attorney
Finance
File/'
INTERLOCAL AGREEMENT BETWEEN
THE CITY OF MARATHON, FLORIDA, AND
MONROE COUNTY, FLORIDA, TRANSFERRING
AFFORDABLE HOUSING ALLOCATIONS
This Agreement ("Agreement") is being entered into bL and between the City of
Marathon, Florida ("City") and Monroe County, Florida ("County") to allocate a portion of the
two hundred and one (201) affordable ROGO housing allocations (the "ROGO Allocations")
between the City and the County.
WITNESSETH
WHEREAS, the City and County have been declared an Area of Critical State Concern
pursuant to Sections 380.05 and 380.0552, Florida Statutes; and
WHEREAS, pursuant to an agreement between the County and the State of Florida
Department of Community Affairs dated May 3, 2001, the County received two hundred and one
(201) ROGO Allocations to replace ROGO allocations cumulatively lost over the years due to an
inadequate number of nutrient reduction credits, required reduction in total allocation by the
Florida Administration Commission, and annual limits on the total number of permits; and
WHEREAS, the City and County agree that sixty-seven (67) Allocations would provide
opportunities for needed affordable housing within the corporate limits of Marathon; and,
WHEREAS, the City of Marathon is an appropriate location for affordable housing as it
has the needed private and public infrastructure to serve such development and is in close
proximity to employment and commercial centers; and
WHEREAS, the City and County are authorized by Section 163.01, Florida Statutes, to
enter into agreements to make the most efficient use of facilities resources and services.
NOW, THEREFORE, the City and County do mutually agree as follows:
1. Allocations. Sixty-seven (67) ROGO Allocations for affordable housing shall be
allocated to the City for distribution in accordance with the permit allocation system in the City
Comprehensive Plan and Land Development Regulations, except as modified in paragraph two
(2) below.
2. The ROGO Allocations shall not be assigned to: (a) properties that would receive
negative ROGO points for Habitat Protection and Threatened and Endangered Species under the
City Land Development Regulations; or (b) are located within a "V" flood zone or a Coastal
Barrier Resources System.
3 Termination of Agreement. This Agreement shall terminate upon the transfer to
the City and subsequent issuance of the sixty-seven (67) Allocations.
4. Notices. All notices must be in writing and addressed as follows (or to any other
address which either party may designate by notice):
If to City:
John Bartus
Mayor
City of Marathon
Post Office Box 500430
Marathon, Florida 33050
With a COpy to:
John R. Herin, Jr., Esq./Nina L. Boniske, Esq.
City Attorney
Weiss Serota Helfman Pastoriza & Guedes, P.A.
2665 South Bayshore Drive, Suite 420
Miami, Florida 33133
2
. .
If to County:
Mayor
Monroe County Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
With a copy to:
Director of Growth Management
2798 Overseas Highway
Suite 400
Marathon, Florida 33050
Any notice shall be deemed to have been duly given if sent by certified mail, return receipt
requested, postage and fees prepaid; hand delivered; or sent by overnight delivery service.
5. Miscellaneous.
a. If any term or provISIOn of this Agreement shall be invalid or
unenforceable to any extent, the remaining terms and provisions shall not be affected thereby;
and each remaining term and provision shall be valid and shall be enforceable to the fullest
extent permitted by law unless the enforcement of the remaining terms and provisions would
prevent the accomplishment of the original intent of the agreement between the parties.
b. Each party represents and warrants to the other that the execution, delivery
and performance of this Agreement has been duly authorized by all necessary corporate or other
organizational action, as required.
6. Effective Date. This Agreement shall become effective upon execution by all of
the parties.
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IN WITNESS WHEREOF, the parties have executed this Agreement.
ATTEST:
dI~ /r~
City Clerk
Approved as to form and sufficiency:
Approved as to form and sufficiency:
~
Date:
A- u.~ L4-S +
, iJ, c;LOO ~
,
BOARD OF COUNTY COMMISSIONERS
OF MONROE
COUNTY, FLORIDA
By ~
Charles McCoy, Mayor
Date: ~ Ii, 1..002..
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592003\Agreements\Interlocal Agreement for Transferring Affordable Housing Allocations
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