Item J04 J.4
`,
County of Monroe
y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 nff `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
January 20, 2021
Agenda Item Number: J.4
Agenda Item Summary #7556
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2500
n/a
AGENDA ITEM WORDING: Approval of a Resolution to Extend the Reservation of Sixty (60)
Affordable Housing Allocations Consisting of 27 Low Income and 33 Moderate Income Affordable
Housing Allocations pursuant to Monroe County Code Section 138-24(b)(2) for a 60-unit affordable
employee housing development located on U.S. Hwy 1, South Point Drive and Cypress Road, Tract
"A", Revised Plat of Amended Plat of Sugarloaf Shores Section F, Sugarloaf Key (approximate mile
marker 16.5), currently having Property Identification No. 00166976-011300, until November 20,
2021.
ITEM BACKGROUND:
Lower Keys Community Center Corp. (the Applicant) is requesting an extension of the reservation
for sixty (60) total affordable ROGO allocations consisting 27 low income and 33 moderate income
affordable housing allocations pursuant to Monroe County Code Section 138-24(b)(2).
The Applicant is proposing to develop the property with sixty (60) affordable employee housing
units. At a regularly scheduled public meeting held on November 20, 2018, the BOCC adopted
Resolution No. 410-2018, reserving sixty (60) affordable ROGO allocations under Monroe County
Land Development Code Section 138-24(b)(2), consisting of 27 low income and 33 moderate
income category allocations for the proposed employee dwelling unit development, to expire if
building permits were not obtained by November 20, 2019. On January 22, 2020, the BOCC adopted
Resolution No. 027-2020 extending the reservation to November 20, 2020.
The Applicant has been awarded Low Income Housing Tax Credit ("LIHTC") financial assistance
from the Florida Housing Finance Corporation ("FHFC") to offset the costs of its proposed 60-unit
development (the "development" or the "Project"), and has been pursuing the development,
including hosting three community meetings to solicit feedback and ideas from property owners in
the Lower Keys, incorporating such ideas into development design, and working with the Florida
Department of Transportation ("FDOT") regarding the feasibility of various traffic and access
modifications.
On December 16, 2020, the Monroe County Planning Commission approved the owner's request for
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a major conditional use permit for development of the proposed housing units on the property, via
Planning Commission Resolution Nos. P35-20 and P36-20.
The Applicant has requested a one-year extension of the subject reservation. If building permit(s) are
not obtained by November 20, 2021, the reservation shall expire.
The subject property is outlined in blue. Please note, the submitted conditional use permit application
utilizes the eastern -77% of the property and reserves the remainder for future development. The portion
of the site utilized for housing meets the density requirements under the Comprehensive Plan and Land
Development Code for the site's Future Land Use Map(FLUM and Zoning designations.
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Lower Keys Community Center received a Letter of Understanding ("LOU") confirming that
the proposed affordable employee housing on the subject property is a permitted use that meets the
density standards for the Suburban Commercial (SC) zoning district. In order to move forward with
the proposed development, Lower Keys Community Center is required to obtain all necessary
development approvals from Monroe County and all applicable agencies.
Relevant land Development Code Section:
Monroe County Code Section 138-24 (b) Reservation ofaffordable housing allocations.
Notwithstanding the provisions of Section 138-26 for awarding of affordable housing allocations,
the BOCC may reserve by resolution some or all of the available affordable housing allocations for
award to certain sponsoring agencies or specific housing programs consistent with all other
requirements of this chapter. Building permits for these reserved allocations shall be picked up
within six months of the effective reservation date, unless otherwise authorized by the BOCC in its
resolution. The BOCC may, at its discretion, place conditions on any reservation as it deems
appropriate. These reservations may be authorized by the BOCC for:
(1) The county housing authority, nonprofit community development organizations, pursuant to
Section 139-1(e), and other public entities established to provide affordable housing by entering into
a memorandum of understanding with one or more of these agencies;
(2) Specific affordable or employee housinZ projects participatinz in a federal/state housing,
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financial assistance or tax credit program or receivin s�form of direct financial assistance from
the county upon written request from the project sponsor and approved by resolution of the BOCC;
(3) Specific affordable or employee housing projects sponsored by nongovernmental not-for-profit
organizations above upon written request from the project sponsor and approved by resolution of the
BOCC;
(4) Specific affordable or employee housing programs sponsored by the county pursuant to
procedures and guidelines as may be established from time to time by the BOCC;
(5) Specific affordable or employee housing projects by any entity, organization, or person,
contingent upon transfer of ownership of the underlying land for the affordable housing project to
the county, a not-for-profit community development organization, or any other entity approved by
the BOCC, upon written request from the project sponsor and approved by resolution of the BOCC;
or
(6) Rental employee housing projects situated on the same parcel of land as the nonresidential
workplace for the tenants of these projects, upon written request from the property owner and
approved by resolution of the BOCC.
PREVIOUS RELEVANT BOCC ACTION:
November 20, 2018 — The BOCC adopted Resolution No. 410-2018, reserving sixty (60) affordable housing
allocations (27 low income and 33 moderate income) through November 20, 2019.
January 22, 2020 — The BOCC adopted Resolution No. 027-2020, extending the reservation of sixty (60)
affordable housing allocations (27 low income and 33 moderate income) through November 20, 2020.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Reso 410-2018 Initial Reservation
Request for Extensions of ROGO Reservations - Dockside and The Landings - 1-4-2021
Resolution 027-2020 Extension
Reserve Reso. - 011300 - 60 Units
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
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Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: N/A
Additional Details:
REVIEWED BY:
Emily Schemper Completed 12/31/2020 11:47 AM
Assistant County Administrator Christine Hurley Completed
01/04/2021 3:20 PM
Peter Morris Completed 01/05/2021 2:50 PM
Purchasing Completed 01/05/2021 2:55 PM
Budget and Finance Completed 01/05/2021 2:56 PM
Maria Slavik Completed 01/05/2021 2:59 PM
Liz Yongue Completed 01/05/2021 3:43 PM
Board of County Commissioners Pending 01/20/2021 9:00 AM
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RESOLUTION NO. 410 -2018 0.
A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVING THE RESERVATION OF SIXTY (60) °®
AFFORDABLE CONSISTING OF 27 LOW INCOME AND 33 MODERATE
INCOME CATEGORY ROGO ALLOCATIONS FOR A PROPOSED
EMPLOYEE DWELLING UNIT ON SUGARLOAF KEY FOR MONROE
COUNTY ON PROPERTY DESCRIBED AS TRACT "A", REVISED PLAT ,
OF AMENDED PLAT OF SUGARLOAF SHORES SECTION F, REAL
ESTATE NUMBER 00166976-011300 UNTIL NOVEMBER 20, 2019 FOR
BUILDING PERMIT ISSUANCE.
0)
WHEREAS, the State of Florida and all local governments in the Florida Keys(each subject to Area
of Critical State Concern mandates relating to housing affordability) recognize the need for affordable
housing throughout the state and particularly in the Florida Keys where developable land for housing is
extremely limited and expensive; and
WHEREAS, the challenge of providing affordable housing opportunities in the Florida Keys is one
requiring sensible and responsive use of residential unit allocations, including implementation of long-term
preservation mechanisms;and
WHEREAS, due consideration should be given to relevant factors such as the capacity for allocation W
recipients to promptly transform allocation awards/reservations into finished and occupied
affordable/workforce housing units;and
WHEREAS, the developers have legitimate needs for some assurance that allocations are in fact and y
will remain available and/or justified for a reasonable time so that follow-through on initial commitments
will in fact be justified;and 76
WHEREAS, in accordance with Section 138-24(b)(2) of the Monroe County Land Development
co
Code allows the •BOCC to authorize reservations for "specific affordable or employee housing r-
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projects participating in a federal/state housing financial assistance or tax credit program or receiving some
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form of direct financial assistance from the county upon written request from the project sponsor and
approved by resolution of the board ofcounty commissioners,"and o
WHEREAS, Lower Keys Community Center Corp. noticed Monroe County of its intent to apply to
the Florida Housing Finance Corporation ("FHFC") for Low Income Housing Tax Credit ("LIHTC ")
financial assistance to offset the costs of its proposed 60-unit development("Project");and
WHEREAS, as part of the LIHTC application, FHFC requires the applicant to have obtained
the necessary ROGOs and for Monroe County to execute a verification that verifies that the applicant has
obtained the necessary ROGOs;and
WHEREAS, Monroe County Code Sec.138-24(b) allows reservation of affordable ROGO
allocations by the Board for specific housing programs,which includes FHFC,LIHTC and SAIL;and
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WHEREAS, the reservation of affordable housing allocations for the anticipated project, does not
exempt the project from applicable requirements for the Monroe County Land Development Regulations,
Building Code and other regulatory requirements; and
WHEREAS, Lower Keys Community Center Corp. shall obtain all required approvals from the
Monroe County Planning&Environmental Resources Department for the project; and o
WHEREAS, Lower Keys Community Center Corp. shall obtain permits for the affordable housing
dwelling units by November 20, 2019; if the permit is not issued, the allocations will revert to the
County.
0
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1: The foregoing recitals are true and correct, and are hereby incorporated as if fully set
forth herein.
0
Section 2: The Monroe County Planning Department shall reservation for sixty (60) affordable o
ROGO allocations, consisting of 27 low income and 33 moderate income category allocations, for the
Monroe County project on Tract "B", Revised Plat of Amended Plat of Sugarloaf Shores Section F,
Sugarloaf Key until November 20,2019.
Section 3: The developer must obtain the building permit for the one (1) affordable/employee o
housing on or before November 20, 2019.
0
Section 4: The developer shall comply with all Monroe County requirements, all applicable
Building Code requirements, and any other oversight agencies.
0
Section 5: The Planning and Building Department Staff is hereby authorized to process
expeditiously permit related applications for the above referenced project when received. y
0
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a
regular meeting held on the 20th day of November, 2018.
0.. -J Mayor: Sylvia Murphy Yes Cv
at: Mayor Pro Tem: Danny L. Kolha a Yes
c� C}- Commissioner: Michelle Coldiron Yes
' Commissioner:Heather Carruthers Yes
Commissioner:David Rice Yes
BOARD OF COUNTY C95FMIS RS OF MONROE COUNTY,
A ,-�'� ,Jx
FLORIDA
Fral C/'tl r';:'4\ �' BY
�t; , Mayag Syl Murphy
MADOK CLERK
. F F E COUNN
DEFY'.::CLERK
T.W L-LI.
ASSISTAfit O li TfORNV
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Schemper-Emily
From: Don Craig <dcraig@spottswoodlaw.com>
Sent: Monday,January 4, 2021 2:42 PM
To: Schemper-Emily
Cc: Steve Kirk;Joe Walsh; Erica Sterling; Hurley-Christine
Subject: Extensions of RoGO Reservations- Dockside and The Landings.
CD
CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or
open attachments you were not expecting.
0
Emily - Good Afternoon. Please accept this email as our formal request to extend the 28 Rogo
reservations for the Dockside and 60 Rogo reservations for the Landings Project identified as.
28 Affordable ROGOs for Parcel ID 00166976-011400
60 Affordable ROGOs for Parcel ID 00166976-011300
If there is anything else you need from us, please let me know.
Thanks
Don
N
Sincerely and Respectfully,
Donald Leland Craig, NCP
Land Use Director
Spottswood, Spottswood, Spottswood, and Sterling
305 924 0249
CONFIDENTIALITY NOTICE:
This electronic mail transmission has been sent from a lawyer and/or law firm. It may contain information that is confidential,
privileged, proprietary, or otherwise legally exempt from disclosure. If you are not the intended recipient, you are hereby notified
that you are not authorized to read, print, retain, copy or disseminate this message, any part of it, or any attachments. If you have
received this message in error, Tease delete this message and any attachments from your system without reading the content and
notify the sender immediately of the inadvertent transmission. There is no intent on the part of the sender to waive any privilege,
including the attorney-client privilege, which may attach to this communication. Thank you for your cooperation. Please be advised 2.1
that e ally may not be checked by the attorneys over prolonged periods; therefore, urgent matters should be brought y
to the attorneys' attention through means other thane all.
0
X
Cr
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1 '
2 RESOLUTION NO. 027 .2020 0.
3
4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
5 COMMISSIONERS APPROVING THE RESERVATION EXTENSION OF
6 SIXTY (60) AFFORDABLE ROGO ALLOCATIONS CONSISTING OF 27
7 LOW INCOME AND 33 MODERATE INCOME CATEGORY
8 ALLOCATIONS FOR A PROPOSED EMPLOYEE DWELLING UNIT
9 DEVELOPMENT ON SUGARLOAF KEY ON PROPERTY DESCRIBED AS
10 TRACT "A", REVISED PLAT OF AMENDED PLAT OF .SUGARLOAF
11 SHORES SECTION F, REAL ESTATE NUMBER 00166976-011300 UNTIL
12 NOVEMBER 20,2020 FOR BUILDING PERMIT ISSUANCE.
13
14 WHEREAS,the State of Florida and all local governments in the Florida Keys (each subject to Area
15 of Critical State Concern mandates relating to housing affordability) recognize the need for affordable
16 housing throughout the state and particularly in the Florida Keys where developable land for housing is
17 extremely limited and expensive; and
18
19 WHEREAS, the challenge of providing affordable housing opportunities in the Florida Keys is one
20 requiring sensible and responsive use of residential unit allocations, including implementation of long-term
21 preservation mechanisms; and .2
22
23 WHEREAS,due consideration should be given to relevant factors such as the capacity for allocation
24 recipients to promptly transform allocation awards/reservations into finished and occupied
25 affordable/workforce housing units; and
26 N
27 WHEREAS,the developers have legitimate needs for some assurance that allocations are in fact and
X
28 will remain available and/or justified for a reasonable time so that follow-through on initial commitments
29 will in fact be justified; and
30
31 WHEREAS, in accordance with Section 138-24(b)(2) of the Monroe County Land Development
32 Code allows the BOCC to authorize reservations for "specific affordable or employee housing
33 projects participating in a federal/state housing financial assistance or tax credit program or receiving some o
34 form of direct financial assistance from the county upon written request from the project sponsor and
35 approved by resolution of the board of county commissioners," and y
36
37 WHEREAS, at a regularly scheduled public meeting held on November 20, 2018, the BOCC
38 adopted Resolution No 410-2018, reserving sixty (60) affordable ROGO allocations under Section 138-
39 24(b)(2) of the Monroe County Land Development Code, consisting of 27 low income and 33 moderate
40 income category allocations for the proposed employee dwelling unit development, to expire if building
41 permits were not obtained by November 20, 2019; and
42
43 WHEREAS, Lower Keys Community Center Corp. has obtained Low Income Housing Tax Credit
44 ("LIHTC") financial assistance from the Florida Housing Finance Corporation ("FHFC") to offset the costs
45 of its proposed 60-unit development('Project");and
46
1
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I WHEREAS, as part of the LIHTC application, FHFC required the applicant to have obtained
2 the necessary ROGOs and for Monroe County to execute a verification that verifies that the applicant has
3 obtained the necessary ROGOs; and
4
5 WHEREAS, Monroe County Code Sec.138-24(b) allows reservation of affordable ROGO
6 allocations by the Board for specific housing programs, which includes FHFC,LIHTC and SAIL; and
7
8 WHEREAS,Lower Keys Community Center Corp.has been pursuing the project but is requesting a
9 one-year extension of the reservation; and
10
11 WHEREAS, the reservation of affordable housing allocations for the anticipated project, does not
12 exempt the project from applicable requirements for the Monroe County Land Development Regulations, o
13 Building Code and other regulatory requirements; and
14
15 WHEREAS, Lower Keys Community Center Corp. shall obtain all required approvals from the
16 Monroe County Planning&Environmental Resources Department for the project; and
17
18 WHEREAS, Lower Keys Community Center Corp. shall obtain permits for the affordable housing
19 dwelling units by November 20, 2020; if the perinit(s) are not issued, the allocations will revert to the
20 County.
21
22 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
23 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
24
25 Section 1: The foregoing recitals are true and correct,and are hereby incorporated as if fully set o
26 forth herein.
27
28 Section 2: The Monroe County Planning Department shall reserve sixty (60) affordable ROGO
29 allocations, consisting of 27 low income and 33 moderate income category allocations, for the Monroe
30 County project on Tract "A", Revised Plat of Amended Plat of Sugarloaf Shores Section F, Sugarloaf Key 2
31 until November 20,2020.
32
33 Section 3: The developer must obtain the building permits for the affordable/employee housing
34 units on or before November 20, 2020.
35
36 Section 4: The developer shall comply with all Monroe County requirements, all applicable
37 Building Code requirements, and any other oversight agencies.
38
39 Section 5: The Planning and Building Department Staff is hereby authorized to process y
40 expeditiously permit related applications for the above referenced project when received.
41
42 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a
43 regular meeting held on the 22nd day of January, 2020.
44
45 Mayor Heather Carruthers Yes
46 Mayor Pro Tern Michelle Coldiron Yes
47 Commissioner Craig Cates Yes
48 Commissioner David Rice Yes
49 Commissioner Sylvia Murphy Yes
2
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BOARD OF COUNTY COMMI SIONERS OF MONROE COUNTY,
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FLORIDA
BY
Mayor rth er uthers
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7 MADOIW.CLERK
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9 DEPUTY CLERK
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1 tl tfa
2 RESOLUTION NO. -2021
3
4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
5 COMMISSIONERS APPROVING THE RESERVATION EXTENSION OF
6 SIXTY (60) AFFORDABLE ROGO ALLOCATIONS CONSISTING OF 27
7 LOW INCOME AND 33 MODERATE INCOME CATEGORY
8 ALLOCATIONS FOR A PROPOSED EMPLOYEE DWELLING UNIT
9 DEVELOPMENT ON SUGARLOAF KEY ON PROPERTY DESCRIBED AS
10 TRACT "A", REVISED PLAT OF AMENDED PLAT OF SUGARLOAF
11 SHORES SECTION F, CURRENTLY BEARING PROPERTY
12 IDENTIFICATION NUMBER 00166976-011300, UNTIL NOVEMBER 20,
13 2021,FOR BUILDING PERMIT ISSUANCE.
14
15 WHEREAS,the State of Florida and all local governments in the Florida Keys (each subject to Area
16 of Critical State Concern mandates relating to housing affordability)recognize the need for affordable housing 0
17 throughout the state and particularly in the Florida Keys where developable land for housing is extremely W
18 limited and expensive; and
19
20 WHEREAS, the challenge of providing affordable housing opportunities in the Florida Keys is one C
21 requiring sensible and responsive use of residential dwelling unit allocations, including implementation of .2
22 long-term preservation mechanisms; and
23
24 WHEREAS,due consideration should be given to relevant factors such as the capacity for allocation
25 recipients to promptly transform allocation awards/reservations into finished and occupied
26 affordable/workforce housing units; and
27
28 WHEREAS,the developers have legitimate needs for some assurance that allocations are in fact and '
29 will remain available and/or justified for a reasonable time so that follow-through on initial commitments will
30 in fact be justified; and
31
32 WHEREAS, Monroe County Land Development Code ("LDC") Section 138-24(b)(2) allows the 6
33 Monroe County Board of County Commissioners (`BOCC") to authorize reservations for "specific
34 affordable or employee housing projects participating in a federal/state housing financial assistance or tax W
35 credit program or receiving some form of direct financial assistance from the county upon written request from
36 the project sponsor and approved by resolution of BOCC'; and
37
38 WHEREAS, at a regularly scheduled public meeting held on November 20,2018,the BOCC adopted
39 Resolution No 410-2018, reserving sixty (60) affordable ROGO allocations under Monroe County Land E
40 Development Code Section 138-24(b)(2), consisting of 27 low income and 33 moderate income category
41 allocations for the proposed employee dwelling unit development, to expire if building permits were not
42 obtained by November 20, 2019; and
43
44 WHEREAS, at a regularly scheduled public meeting held on January 22, 2020, the BOCC adopted
45 Resolution No 027-2020, reserving twenty-eight (28) low income category affordable ROGO allocations
i
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I under Monroe County Land Development Code Section 138-24(b)(2) ,for the proposed employee dwelling
2 unit development,to expire if building permits were not obtained by November 20, 2020; and
3
4 WHEREAS, Lower Keys Community Center Corp. has been awarded Low Income Housing Tax
5 Credit("LIHTC") financial assistance from the Florida Housing Finance Corporation ("FHFC")to offset the
6 costs of its proposed 60-unit development ("Project"); and
7
8 WHEREAS, as part of the LIHTC application, FHFC required the applicant to have obtained CL
9 the necessary ROGOs and for Monroe County to execute a verification that verifies that the applicant has et
10 obtained the necessary ROGOs; and
11
12 WHEREAS, Monroe County Land Development Code Sec. 138-24(b) allows reservation of
13 affordable ROGO allocations by the Board for specific housing programs, which includes FHFC, LIHTC c
14 and SAIL; and
15 v)
16 WHEREAS,on December 16,2020,the Monroe County Planning Commission approved the owner's
17 request for a major conditional use permit for development of the proposed housing units on the property,via
18 Monroe County Planning Commission Resolutions P35-20 and P36-20; and
19
20 WHEREAS,Lower Keys Community Center Corp.has been pursuing the project but is requesting a
21 one-year extension of the reservation; and
22 0
23 WHEREAS, the reservation of affordable housing allocations for the anticipated project, does not
24 exempt the project from applicable requirements for the Monroe County Land Development Regulations,
25 Building Code and other regulatory requirements; and 0
26 0
27 WHEREAS, Lower Keys Community Center Corp. shall obtain all required approvals from the
28 Monroe County Planning and Environmental Resources Department for the project; and X
29 !i,
30 WHEREAS, Lower Keys Community Center Corp. shall obtain permits for the affordable housing
31 dwelling units by November 20, 2021; if the permit(s) are not issued, the allocations shall revert to the
32 County;
33
34 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
35 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
36
37 Section 1. The foregoing recitals are true and correct, and are hereby incorporated as if fully set
38 forth herein. y
39
40 Section 2. The Monroe County Planning and Environmental Resources Department shall reserve
41 sixty (60) affordable housing ROGO allocations, consisting of 27 low-income and 33 moderate income
42 category allocations,for the project located in Monroe County, more particularly being situated on Tract"A",
43 Revised Plat of Amended Plat of Sugarloaf Shores Section F, Sugarloaf Key, Monroe County, Florida, until
44 November 20, 2021.
45
46 Section 3. The developer must obtain the building permit(s)for the affordable/employee housing
47 units on or before November 20,2021.
48
49 Section 4. The developer shall comply with all Monroe County requirements, all applicable
50 Building Code requirements, and any other oversight agencies and their respective regulatory requirements.
51
2
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I Section 5. The Planning and Environmental Resources Department and Building Department
2 staffs are hereby authorized to expeditiously process permit related applications for the above referenced
3 project when received.
4
5 Section 6. Construction and Interpretation.This resolution and its interpretation shall be
6 liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s) and policy(ies)
7 of the County. The construction and interpretation of this resolution and all Monroe County Comprehensive
8 Plan provision(s), Florida Building Code, Florida Statutes, and Monroe County Code(s) provision(s) whose CL
9 interpretation arises out of, relates to, or is interpreted in connection with this resolution shall be liberally et
10 construed and enforced in favor of Monroe County to effectuate its public purpose(s) and policy(ies) of the
11 County, and shall be deferred in favor of the BOCC and such construction and interpretation shall be entitled
12 to great weight in adversarial administrative proceedings, at trial,bankruptcy, and on appeal.
13
14 Section 7. No Liability. Monroe County expressly reserves and in no way shall be deemed to as
15 have waived for itself or for its officers em to ee s or a ent s an sovereign, governmental, and an
O� p y O� g O� y g � g � y
16 other similar defense, immunity, exemption, or protection against any suit, cause-of-action, demand, or
17 liability.
c
18
19 Section 8. Severability.If any provision of this resolution,or any part or portion thereof,is held
20 to be invalid or unenforceable by any administrative hearing officer or court of competent jurisdiction the
21 invalidity or unenforce ability of such provision, or any part or portion thereof, shall neither limit nor impair 0
22 the operation, enforceability, or validity of any other provision of this resolution, or any remaining part(s) or
23 portion(s) thereof. All other provisions of this resolution, and remaining part(s) or portion(s) thereof, shall W
24 continue unimpaired in full force and effect.
25 c
26 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
27 Florida, at a regular meeting held on the day of
28
29 Mayor Michelle Coldiron
30 Mayor Pro Tem David Rice
31 Commissioner Craig Cates
32 Commissioner Eddie Martinez `
33 Commissioner Mike Forster
34
35
36 BOARD OF COUNTY COMMISSIONERS d
37 OF MONROE COUNTY, FLORIDA
38
39 BY:
40 MAYOR MICHELLE COLDIRON
41
42 (SEAL) MONROE CO ATTonNEYa
43 AFC To FORM E
44 ATTEST: KEVIN MADOK, CLERKPETER_ I
45 ASSISTANT COUNTY ATTORNEY
46 AS DEPUTY CLERK Date: 1/5/21
3
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