School Board Project, Sugarloaf Key 09/16/2020 Kevin Madok, CPA
(ift = Clerk of the Circuit Court& Comptroller—Monroe County, Florida
DATE: September 21, 2020
TO: Emily Schemper, Senior Director
Planning& Environmentalvi Resources
FROM: Pamela HancoO ID.C.
SUBJECT: September 16th BOCC Meeting
Enclosed arc two duplicate originals of the following item for your handling
J2 Interlocal Agreement between Monroe County and die City of Marathon
transferring 20 Affordable Housing ROGO Allocations from the City to the County for the
Monroe County School Board Affordable Housing Project on Sugarloaf Key.
Should you have any questions please feel free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Aida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
INTERLOCAL AGREEMENT BETWEEN THE
CITY OF MARATHON AND MONROE COUNTY
REGARDING TRANSFERRING AFFORDABLE
HOUSING RESIDENTIAL DWELLING UNIT
ALLOCATIONS
This Agreement ("Agreement") is made and entered into this day of August
2020,by and between the City of Marathon,a municipal corporation of the State of Florida
, whose address is 9805 Overseas Highway , Marathon , Florida 33050 (the "City"),and
Monroe County,a political subdivision of the State of Florida, whose address is 1100
Simonton Street,Key West,Florida 33040("County"),and.
WITNESSETH:
WHEREAS,the City of Marathon and Monroe County recognize the value of regional
partnerships in smart growth; and
WHEREAS, Policy 101.3.10 of the Year 2030 Monroe County Comprehensive Plan
allows Rate of Growth Ordinance building permit allocations (hereinafter"affordable housing
ROGO allocations" or"affordable ROGOs") for affordable housing projects to be pooled and
transferred between local government jurisdictions within the Florida Keys Area of Critical
Concern, if accomplished through an interlocal agreement between the sending and receiving
local governments; and
WHEREAS, Chapter Five (5) of the City Comprehensive Plan identifies goals,
objectives and policies to provide for development pursuant to intergovernmental coordination
and interlocal agreements;and
WHEREAS, the City of Marathon and Monroe County have previously entered into
Interlocal Agreements to transfer affordable ROGOs; and
WHEREAS, Monroe County and the City of Marathon recognize the potential
economic value of such transferable affordable ROGO allocations; and
WHEREAS, this Agreement is entered into pursuant to Florida Statutes, Section
163.01, el seq., Florida Interlocal Cooperation Act of 1969, which states:
"It is the purpose of this section to permit local governmental units to make the
most efficient use of their powers by enabling them to cooperate with other
localities on a basis of mutual advantage and thereby to provide services and
facilities in a manner and pursuant to forms of governmental organization that
will accord best with geographic, economic, population, and other factors
influencing the needs and development of local communities"; and
00093748-vi I
WHEREAS, the comprehensive plans of the City of Marathon and Monroe County
expressly identify interlocal agreements as a means of resolving issues mutually affecting their
respective jurisdictions; and
WHEREAS, the School Board of Monroe County, Florida currently holds fifty (50)
affordable housing ROGO allocations associated with the property located at 320 Sombrero
Beach Road, Marathon, Florida, 33050; and
WHEREAS, on August 21, 2019, the BOCC approved Ordinance 030-2019, creating
Policy 107.1.8 Sugarloaf School Workforce Housing Area that provides additional development
restrictions on the subject parcel,including a limitation thatthe only permitted use on the property
would be affordable housing and accessory uses to accompany a proposed Future Land Use Map
(FLUM) amendment from Education (E) to Mixed Use / Commercial (MC) for a 2.8I-acre
portion of property located at 255 Crane Boulevard on Sugarloaf Key; and
WHEREAS, the School Board of Monroe County, Florida, intends to develop up to
twenty (20) affordable dwelling units in the "Sugarloaf Workforce Housing Subarea), located
at the property commonly known as 255 Crane Blvd., Upper Sugarloaf Key, FL 33042; legally
described as:
A part of Government Lot 2, Section 36, Township 66 South, Range 27 East
Sugarloaf Key,Monroe County, Florida,being more particularly described as follow:
COMMENCING at the Northeast corner of said Section 36, thence N89°47'35"W
along the North line of the said Section 36 for a distance of 1550.96 feet to the
Northeast corner of lands described in Official Records Book 2350, at Page 420 of
the Public Records of Monroe County, Florida. said point bearing S89°47'35"E along
the said North line of Section 36 a distance of 1089.00 feet measured from the East
Right of Way line of Crane Boulevard;thence S00°1 l'12"W along the East boundary
line of the said lands described in Official Records Book 2350, at Page 420 of the
Public Records of Monroe County , Florida, for a distance of 65.66 feet to the Point
of Beginning of the parcel of land hereinafter described,; thence continue
S00°11'12"W along the previously described course for a distance of 334.34 feet to
the Southeast corner of lands described in Official Records Book 2350, at Page 420
of the Public Records of Monroe County , Florida, for a distance of 366.27 feet to a
point; thence N00°11'12"E for a distance of 334.34 feet to appoint; thence
S89°47'35"E for a distance of 366.27 feet back to the Point of Beginning. Said parcel
of land contains 122,458.33 square feet, more or less.
00093748-v3 2
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Sugarloaf Key
Mile Marker 19
WHEREAS, the parties have determined that this Agreement is in the best
interests of the public and the public health, safety, and welfare.
NOW,THEREFORE,the parties hereto agree as follows:
Section 1.TRANSFER:The parties agree to permit the transfer of 20 affordable housing
ROGO allocations from the City of Marathon to Monroe County for allocation, pursuant
to this Agreement, and subject to the conditions contained herein, including but not
limited to:
The School Board of Monroe County, Florida, or its assignee and successors-in-interest
for use within the Sugarloaf Workforce Subarea(the"Subject Property"); and
The School Board of Monroe County, Florida, or its assignee and successors-in-interest,
constructing and obtaining a Certificate of Occupancy for up to twenty (20) affordable
housing units, situated upon the subject property described herein, related to the
transferred affordable housing ROGO allocations subject of this Interlocal Agreement,
prior to July 31, 2025; and
The recording of a 99-year Affordable Housing Deed Restriction on all of the affordable
housing units contemplated herein, in accordance with this Agreement,and in accordance
with the applicable requirements of the Code of Ordinances, Monroe County, Florida and
similar requirements of the Florida Building Code(FBC).
Section 2. ASSIGNMENT: The City has assigned its rights to the affordable housing
ROGO allocation contemplated herein to Monroe County, and the twenty(20)affordable
housing ROGO allocations are to be issued by Monroe County exclusively for
development within the Sugarloaf Workforce Housing Subarea, issued and assigned to
00093748-v3 3
property contained therein (Legal Description attached as Exhibit"A"). In the event the
subject project or, as applicable, the School Board of Monroe County, Florida or, as
applicable, its assign(s) and successor(s) in interest or title, fail to complete the
construction as evidenced by issuance of a Certificate of Occupancy for all twenty (20)
units by Monroe County on or before the date referenced in Section 3, any units which
have not received a Certificate of Occupancy shall result in those allocations reverting to
the City of Marathon and to their former status under the Agreement and such units shall
be required to either a) obtain an allocation from Monroe County, b)obtain an allocation through
an Interlocal Agreement with another jurisdiction within the City of Key West or Florida Keys
Area of Critical State Concern consistent with Monroe County Comprehensive Plan Policy 101.3
.10 or c)demolish any units that are unable to obtain an allocation within six(6)months of the
date referenced in Section 3.No amendment to this Agreement is necessary or required to
trigger this automatic reverter clause.
Section 3. TERM: Subject to and upon the terms and conditions set forth herein, this
Interlocal Agreement shall continue in force until the following occurs:
The project does not complete construction and does not obtain Certificates of
Occupancy for all twenty (20)affordable housing units contemplated herein by July 31,
2025.All affordable housing units for which Certificates of Occupancy are issued prior to
July 31,2025 shall remain subject to this Interlocal Agreement irrespective of whether all
twenty (20 ) affordable housing units contemplated herein receive Certificates of
Occupancy.
Section 4.NOTIFICATION: Monroe County shall immediately notify the City of
Marathon of any assignment(s) and successor(s) in interest or title to or from the School
Board of Monroe County, Florida for the duration of the School Board's interest(s) in
the affordable housing ROGO allocation contemplated herein, and shall immediately
notify the City of Marathon of any assignment(s)and successor(s) in interest or title to the
affordable housing ROGO allocations contemplated herein above at least thirty (30)
business days prior to the date of such transfer or succession by certified U.S. Postal Service
Certified mail to the Monroe County Planning& Environmental Resources Senior Director.
Monroe County shall further provide prompt written notice to the City of Marathon of the
extension, termination, or expiration of the aforesaid Conditional Use Permit for project
contemplated herein. Monroe County shall further provide prompt written notice to the City
of Marathon of the issuance of Certificates of Occupancy for the subject affordable housing
units within thirty (30) business days after issuance of said Certificates.
00093748-v3 4
All such notices under this Section ("Section 4.") shall be sent to the following addresses:
Monroe County County Administrator
1100 Simonton Street, Key West, FL 33040; and
Monroe County Planning& Environmental Resources Department
Attn: Senior Director
Subject: City of Marathon Interlocal Agreement
2798 Overseas Highway, Suite 400, Marathon, FL 33050; and
With a copy to:
Monroe County Attorney's Office
Attn: County Attorney
Subject: City of Marathon Interlocal Agreement
P.O. Box 1026
Key West, FL 33040
Failure of the City of Marathon, Monroe County, or the School Board of Monroe County,
Florida, or their assign(s) or successor(s) in interest or title, to perform any act required by
this Interlocal Agreement shall neither impair nor limit the validity of this Agreement or limit
its enforceability in any way.
Section 5.CONSTRUCTION AND INTERPRETATION: The construction and interpretation
of this Interlocal Agreement and Monroe County Code(s)provisions in arising from,related to, or
in connection with this Agreement, shall be deferred in favor of Monroe County and such
construction and interpretation shall be entitled to great weight on trial and on appeal.
Section 6. NO WAIVER: Monroe County shall not be deemed to have waived any rights under
this Interlocal Agreement unless such waiver has been expressly and specifically provided.
Section 7.LIMITATION OF LIABILITY: In the event of any litigation related to,arising from,
or in connection with this Interlocal Agreement,the parties hereto and the School Board of Monroe
County, Florida and its assignees and successors-in-interest, hereby agree to expressly waive their
right to a jury trial.
Section 8. DUTY TO COOPERATE: When required to under this Interlocal Agreement, the
City of Marathon and the School Board of Monroe County, Florida and its assignees and
successors-in-interest, shall,to ensure the implementation of the government purpose furthered by
this Agreement, cooperate with Monroe County's reasonable requests, regarding the conditions
and provisions contained herein.
Section 9. GOVERNING LAWSNENUE: This Agreement shall be construed in
accordance with and governed by the laws of the State of Florida and the United States.
Exclusive venue for any dispute arising under this Agreement shall be in the Sixteenth Judicial
00093748-v3 5
Circuit in and for Monroe County, Florida. In the event of any litigation, the prevailing party
is entitled to a reasonable attorneys fee and costs.This Agreement is not subject to arbitration.
Section 10.NONDISCRIMINATION: The parties agree that there will be no discrimination
against any person, and it is expressly understood that upon a determination by a court of
competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any party, effective the date of the court
order. The parties agree to comply with all Federal and Florida statutes, and all local
ordinances, as applicable, relating to nondiscrimination. These include but are not limited to
(I) Title V 1 of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on
the basis of race, color, or national origin; (2) Section 504 of the Rehabilitation Act of 1973,
as amended 3) U.S.C. s. 1975, as amended (42 U.S.C. ss. 6101-6107)), which prohibits
discrimination on the basis of age; (4) The Drug Abuse Office and Treatment Act of 1972
(P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (5) The
Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act
of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol
abuse or alcoholism; (6) The Public Health Service Act of 1912, ss. 523 and 527 (42 U.S.C.
ss. 290 dd-3 and 290 ee(03), as amended,relating to confidentiality of alcohol and drug abuse
patient records; (7) The Americans With Disabilities Act of 1990 (42 U.S.C. s. 1201 Note),
as may be amended from time to time, relating to nondiscrimination on the basis of disability;
(8) The Civil Rights Act of 1992 (Chapter 760, Florida Statutes, and Section 509.021, Florida
Statutes), as may be amended from time to time, relating to non-discrimination; and(9)any other
nondiscrimination provisions in any federal or state statutes or local ordinances which may apply
to the parties to, or the subject matter of, this Agreement.
Section 11. CODE OF ETHICS: The parties agree that their officers and employees recognize
and will be required to comply with the standards of conduct relating to public officers and
employees as delineated in Section 112.313, Florida Statutes regarding, but not limited to,
solicitation or acceptance of gifts;doing business with one's agency; unauthorized compensation;
misuse of public position; conflicting employment or contractual relationship; and disclosure or
use of certain information.
Section 12. NO SOLICITATION/PAYMENT: The parties warrant that,in respect to itself,
it has neither employed nor retained any company or person, other than a bona fide employee
working solely for it,to solicitor secure this Agreement and that it has not been paid or agreed
to pay any person,company,corporation,individuals,or firm,other than a bona fide employee
working solely for it, any fee, commission, percentage, gift, or other consideration contingent
upon or resulting from the award or making of this Agreement. For the breach of violation of
this provision, each party agrees that the other party shall have the right to terminate this
Agreement without liability and, at its discretion, to offset from monies owed, or otherwise
recover the full amount of such fee,commission,percentage,gift,or consideration.
Section 13. SUBORDINATION: This Agreement is subordinate to the laws and regulations
of the United States and the State of Florida,whether in effect on commencement of this htthA
Agreement or adopted after that date.
00093748-v3 6
Section 14. INCONSISTENCY: If any item, condition, or obligation of this Agreement is in
conflict with other items of this Agreement, the inconsistencies shall be construed so as to give
meaning to those terms which limited the County's responsibility or liability.
Section 15. PUBLIC ACCESS TO RECORDS: The parties shall allow and permit members of
the public reasonable access to,and inspection of, all documents, papers, letters or other materials
subject to the provisions of Chapter 119, Florida Statutes, and made or received by the parties in
conjunction with this Agreement.
Section 16.NON-RELIANCE BY THIRD-PARTIES: Other than as stated herein,no person
or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce
or attempt to enforce any third-party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the parties agree that neither the County nor the City,
or any agent, officer, or employee of each shall have the authority to inform, counsel, or
otherwise indicate that any particular individual or group of individuals,entity or entities,have
entitlements or benefits under this Agreement separate and apart,inferior to,or superior to the
community in general or for thepurposes contemplated in thisAgreement.
Section 17.NO PERSONAL LIABILITY:No covenantor agreement contained herein shall
be deemed to be a covenant or agreement of any member,officer,agent or employee of a party in
his or her individual capacity, and no member, officer, agent or employee of a party shall be
liable personally on this Agreement or be subject to any personal liability or accountability
by reason of the execution of this Agreement.
Section 18. NOTICES: In addition to those communications and notice requirements set
forth in Section 4. of this Agreement, all notices and other communications hereunder must
be in writing and addressed as follows, or to any other address which either party may
designate to the other party by mail:
If to Monroe County:
Roman Gastesi,Jr., County Administrator
Monroe County Historic Gato Building
1100 Simonton Street
Key West, Florida 33040; and
Planning & Environmental Resources Department
Attn: Senior Director
Subject: City of Marathon Interlocal Agreement
2798 Overseas Highway, Suite 400, Marathon, FL 33050; and
00093748-v3 7
With a copy to:
Monroe County Attorney's Office
Attn: County Attorney
Subject: City of Marathon Interlocal Agreement
P.O. Box 1026
Key West, FL 33040
If to the City:
City Manager
9805 Overseas Highway
Marathon, Florida 33050
George Garrett, Planning Director
9805 Overseas Highway
Marathon, Florida 33050
With a copy to:
Dirk M. Smits
City Attorney
81990 Overseas Highway, 3rd Floor
Islamorada, FL 33036
Any notice required by this Agreement to be given or made within a specified period of time, or
on or before a date certain,shall be deemed to have been duly given if sent by certified mail,return
receipt requested, postage and fee prepaid; hand delivered, or sent by overnight delivery service.
Section 15. ENTIRE AGREEMENT/MODIFICATION/AMENDMENT: This writing
contains the entire Agreement of the parties and supersedes any prior oral or written
representations.No representations were made or relied upon by either party,other than those that
are expressly set forth herein. No agent, employee, or other representative of either party is
empowered to modify or amend the terms of this Agreement, unless executed with the same
formality as this document.
Section 16. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions: If any
condition or provision hereunder,or any portion thereof, is/are held to be invalid or unenforceable
in or by any administrative hearing officer or court of competent jurisdiction, the invalidity or
unenforceability of such condition(s) or provision(s) shall neither limit nor impair the operation,
enforceability, or validity of any other condition or provision hereunder, or remaining portions
thereof.All such other condition(s)or provision(s), or portions thereof, shall continue unimpaired
in full force and effect.
Section 17. Captions and Paragraph Headings: Captions and paragraph headings, where used
herein, are inserted for convenience only and are not intended to descriptively limit the scope
and/or intent of the particular paragraph or text to which they refer.
00093748-v3 8
Section 18. Authority to Attest: Each party to this Interlocal Agreement represents and warrants
to the other that the execution, delivery, and performance of this Agreement has been duly
authorized by all necessary corporate and other organizational action, as required.
Section 19. MISCELLANEOUS: Each party represents and warrants to the other that the
execution, delivery, and performance of this Agreement has been duly authorized by all necessary
corporate or other organizational action, as required.
Section 20. COUNTERPARTS: This Agreement may be executed in several counterparts, each
of which shall be deemed an original, and such counterparts shall constitute one and the same
instrument.
Section 21. EFFECTIVE DATE: This Agreement shall take effect on the date set forth above.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
00093748-v3 9
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
ized representative.
4)),
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
KEVIN MADOK, CLERK
By: `�� D'G" By:
Clerk Mayor
Date: IL, m vu
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APPROVED AS TO FORM AND LEGAL SUFFICIENCY a rn n
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BY: Ps, o
Assistant County Attorney 'c'
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ATTEST:
/y THE CITY OF MARATHON, FLORIDA " o
BY^JfJIt LL �IdI/vzt-Y. By:
DIANE CLAVER Mayor et+cipµ, t9.t
City Clerk Date: �•� 44)` rip
(City Seal) .V\
APPROVED AS TO FORM AND
LEGALITY FOR THE USE AND
RELIANCE O E CITY OF
MARATJ# , FL RI NL MONPIOE COUNASTY ;
ATTORNEY
A ROVED
-7,
By: A &ffYF_Mj)Tl.I WI TYUFJAMS
Di �t' , Cit A o TTOMIEY
O.39IMl Att C tit U
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00093748-v3 10
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