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07/08/1998 Agreement l' BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATIION, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 1!\annp JL. ilolbage CLE~F THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMQBAH!2!IM TO: Bob Herman, Director Growth Management Division FROM: Isabel C. DeSantis, Deputy Clerk~.C.LJ. July 17, 1998 DATE: As you know, at the July 8, 1998 Board of County Commissioner's meeting the Board approved the following: 1. Revised Tri-Party Agreement between Monroe County, Islamorada-Village of Islands, and the Florida Department of Community Affairs, concerning Rate of Growth Ordinance (ROGO) allocations. 2. Transitional Agreement between Monroe County and Islamorada, Village of Islands, regarding building, zoning and code enforcement functions. 3. Agreement between Monroe County, the Florida Department of Community Affairs, and Cudjoe Enterprises. Enclosed please find two fully executed duplicate originals of items #2 and #3 for your handling. In addition, there are three duplicate originals of item #1 for your follow through with DCA. Please be sure that a fully executed copy of this item is returned to me office as quickly ,as possible. Should you have any questions concerning the above, please do not hesitate to call. cc: County Attorney County Administrator, w/o doc. Finance .;File MEMORANDUM TO: Belle DeSantis, Deputy Clerk FROM: Isabel Reid, Senior Administrativ*st~/' Growth Management Division \.1 d 0.....--- , I DATE: August 3, 1998 RE: Tri-Party Agreement between Monroe County, DCA & Islamorada Adopted by BOCC on 7/8/98 Attached is a fully executed original of the Tri-Party Agreement between the Village of Islamorada, Monroe County and the Department of Community Affairs for your records. We are still waiting for a copy of the MOD with the appropriate State agencies that will finalize this agreement and allow the Village of Islamorada to issue ROGO awards as cesspit credits become available. lir Enclosure Cc: James L. Roberts, County Administrator James T. Hendrick, County Attorney Robert L. Herman, Director of Growth Management Timothy J. McGarry, Director of Planning Don Horton, Senior Director/Building Official Ross Alliston, Director of Environmental Resources Antonia Gerli, Sr. Administrator, Development Review Jack Teague, Environmental Administrator, MCPHU WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A. ATTORNEYS AT LAW ,IUl (. ~~ LILLIAN ARANGO DE LA HOZ. MITCHELL A. BIERMAN NINA L. BONISKE ELAINE M. COHEN DANIEL H. COULTOFF MICHELLE M. GALLARDO .JENNIFER GOMBERG EDWARD G. GUEDES STEPHEN .J. HELFMAN .JOHN R. HERIN, .JR. ROBERT W. HOLLAND. .JILL A. .JARKESY. GILBERTO PASTORIZA ELLEN N. SAUL" GAIL D. SEROTA" .JOSEPH H. SEROTA DANIEL A. WEISS" RICHARD .JAY WEISS DAVID M. WOLPIN STEVEN W. ZELKOWITZ 2665 SOUTH BAYSHORE DRIVE SU ITE 420 MIAMI, FLORIDA 33133 BROWARD OFFICE 888 EAST LAS OLAS 80ULEVARD SUITE 710 FORT LAUDERDALE, FLORIDA 33301 TELEPHONE (954) 763-1189 TELEPHONE (305)854-0800 TELECOPIER (305) 854-2323 WWW.WSH-FLALAW.COM July 30, 1998 PALM BEACH OFFICE 1872 SOUTHWEST 17TH STREET BOCA RATON, FLORIDA 33486 TELEPHONE (561) 392-8762 TELECOPIER (561) 392-7551 .OF COUNSEL Mr. Robert L. Herman, Director Growth Management Division Monroe County, Florida 2798 Overseas Highway, Suite 400 Marathon, FL 33050 Re: Finalized Tri-Party Agreement Dear Mr. Herman: Enclosed herein is a fully executed original of the Tri-Party Agreement between Islamorada, Village of Islands, Florida (the "Village"), the State Department of Community Affairs, and Monroe County, Florida (the "County"). I wish to take this opportunity to thank you for your assistance in this matter. and assisting in a smooth transition ot planning and zoning functions from the County to the Village. JRH/ms 436001 '< cc: TRI-PARTY AGREEMENT BETWEEN ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA, STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND MONROE COUNTY, FLORIDA This Tri-Party Agreement ("Agreement") is being entered into by and between Islamorada, Village of Islands, Florida ("Village"), the State of Florida Department of Community Affairs ("Department") and Monroe County, Florida ("County") to allocate the available residential rate of growth ordinance ("ROGO") units between the ~ll~~ ~ th.!! z ?" :p. r- County as required by the provisions of Chapter 380, Florida Statutes, and t~lla!iS an~ r"T1 ::x -<, I .." no r- .. 0 County's comprehensive plans and land development regulations. g n ~'R :::0 :;;;:?O c, :pi ::::0 -I ('") , ::J: ("11 WIT N E SSE T H :<-i::r.: U) (") .....,.::> .. 0 r ~ en :::0 WHEREAS, the Village and County have been declared an Area of~ritical ~tateC Concern pursuant to Sections 380.05 and 380.0552, Florida Statutes; and WHEREAS, the County has adopted a comprehensive land use plan and land development regulations, approved by the State as required by law; and WHEREAS, pursuant to Chapter 97-348, Laws of Florida, the County comprehensive plan and land development regulations are the transitional comprehensive plan and land development regulations of the Village; and WHEREAS, the County is authorized under its comprehensive plan and land development regulations to issue up to two hundred fifty-five (255) new residential ROGO awards per year; and WHEREAS, a certain number of the new residential ROGO awards allocated ann:.dly by the County represent a prorata number of new residential development within the boundaries of the Village; and WHEREAS, the Village, Department, and County agree that twenty-eight (28) new residential ROGO awards represents a good faith estimate of the Village's prorated number of awards it can issue per year for new residential development within the boundaries of the Village; and WHEREAS, the Village, Department, and County agree that the number of residential ROGO awards that should be distributed between the County and the various Cities, including the Village, remains to be determined, as recognized by Policy 101.2.5 of the comprehensive plan, and that the twenty-eight (28) residential ROGO awards (on an annual basis) distributed to the Village by this Agreement are an interim measure; and WHEREAS, the Village and County are required to issue development orders only in conformity with their approved comprehensive land use plan and land development regulations; and WHEREAS, the Department is the state land planning agency with the power and duty to exercise general supervision of Part I of Chapter 380, and Part II of Chapter 163, Florida Statutes, and to enter into agreements pursuant to sections 380.032(3) and 163.3171(4), Florida Statutes, to effectuate the provisions and purposes of the acts and any rules promulgated thereunder; and 2 WHEREAS, the Department is authorized by section 380.07, Florida Statutes, to appeal any Village or County development order to the Florida Land and Water Adjudicatory Commission if the development order does not comply with the comprehensive plan, land development regulations, or the Principles for Guiding Department. NOW, THEREFORE, the Village, County and Department do mutually agree as follows: 1. Allocations. Twenty-eight (28) residential ROGO awards per year shall be allocated to the Village during the term of the Agreement for distribution in accordance with the permit allocation system in the County comprehensive plan and land development regulations, as the same apply to the Village. These allocations come from the existing allocations of the Upper Keys sub-area. Twenty-two (22) of the yearly allocated residential ROGO awards are for market rate, and six (6) are for affordable housing. The County agrees with and has no objection with this allocation. Furthermore, the County specifically acknowledges and recognizes that based upon this Agreement, the total number of new residential ROGO awards allocated per year from the Upper Keys sub-area (57 market rate and 14 affordable) will decrease by 28 (22 market rate and 6 affordable) during the term of this Agreement. 2. Authority to Issue. The Village is authorized to make twenty-eight (28) residential ROGO awards per year during the term of this Agreement, commencing with the October 1997 - April 1998 allocation quarter for ROGO year six (6), and every quarter thereafter in accordance with the permit allocation system in the County comprehensive plan 3 and land development regulations, as the same apply to the Village. The Department specifically acknowledges and recognizes that the Village has scheduled its first Local Planning Agency meeting for June 11, 1998, for the purpose of making available residential ROGO awards for the October 1997 - April 1998 a~location quarter. The Village specifically acknowledges and recognizes that a ROGO award does not authorize construction, and that subsequent to the award, the applicant must receive a building permit before construction may occur. The Village also acknowledges and recognizes that a building permit cannot be issued without a cesspit credit as required by Policy 101.2.13 of the comprehensive plan, and that all building permits must otherwise comply with the County comprehensive plan and land development regulations, as the same apply to the Village. The Village acknowledges that thirteen (13) market rate allocations were awarded by the County in the first quarter (July 14, 1997 - October 13, 1997) of ROGO year six (6) for new residential development within the corporate limits of the Village. As a result, the number of allocations available for award by the Village in the remainder of ROGO year six (6) is nine (9) market rate and six (6) affordable housing. The Village will be the local government agency, which approves and accepts any lot dedications or deed restrictions associated with the Village's ROGO allocation process. 3. Department of Health MOU. The Village acknowledges and recognizes that the residential ROGO awards distributed by this Agreement cannot be awarded until the Village enters into a Memorandum of Understanding with the State Department of Health, the State Department of Environmental Protection, and DCA, which satisfies the requirements of Policy 4 101.2.13 of the County comprehensive plan (as described in Task E of Year One of the Five Year Work Program), as the same applies to the Village. 4. Comprehensive Plan Amendments. The Village, Department and County acknowledge and recognize this Agreement is temporary in nature, and the Village and County must amend their respective comprehensive plans to formalize the actions authorized herein. The Village and County shall ensure the amendments to their comprehensive plans are transmitted to the Department within the next available amendment cycle, in accordance with the provisions of Chapter 163, and Chapter 380, Florida Statutes. 5. Termination of Agreement. This Agreement shall terminate on the earliest date of: 1) January 13, 1999, or 2) the date that the amendments to the comprehensive plans of the Village and the County as set forth above become effective pursuant to sections 163.3189(2), 380.05(6) & (10), and 380.0552(9), Florida Statutes. 6. 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 Village: Mayor Islamorada, Village of Islands 81011 Overseas Highway Islamorada, Florida 33036 With a copy to: Weiss Serota Helfman Pastoriza & Guedes, P.A. 2665 South Bayshore Drive, Suite 420 Miami, Florida 33133 If to Department: Growth Management Administrator Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 5 With a copy to: If to County: With a copy to: DCA Keys Field Office Marathon Regional Service Office 2796 Overseas Highway Suite 212 Marathon, Florida 33050 Mayor Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 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. 7. 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 8. Effective Date. This Agreement shall become effective upon execution by all of the parties. IN WITNESS WHEREOF, the parties have executed this Agreement. ATTEST: n ') , J)&,/)~ lJ{J)( Teresa M. Smith, CMC,Acting Village Clerk ATTES.T. :U1Al'{!jJ.'L. KOLHAGE CI.2:I:}~ ~.".......""-'''''''''...''' ' .. ~.:;,- ::~.'" ~ .:..,fJv'jJ~ Clerk/Deputy Clerk -, - 8 - 9 8 Approved as to form and sufficiency: ~~ Date: ~- BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, ~ By:L.)~~:tal) ~ Date: 7- - / b I ~ 9 B STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS BY'~ . J . Murle , Secretary 7 ~ -v'l-. i Y Date: 7