City of Marathon 04/16/2003
Cleltl DIllie
Circul coun
Danny L. Kolhage
Phone: 292-3550 Fax: 295-3663
Memnrandum
To:
Tim McGarry,
Growth Management Director
From:
Colleen Gardner
Isabel C. DeSantis, · .~
Deputy Clerk yV'
Attn:
Date:
Monday, June 30. 2003
At the BOCC meeting of April 16, 2003, the Board approved the following:
Interlocal Agreement between Monroe County and the City of Marathon for the
transfer of affordable ROGO allocations and nutrient reduction credits.
Enclosed please find a fully executed duplicate original of the above for your
handling. Should you have any questions concerning this matter, please do not hesitate
to contact this office.
Cc: 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 by and between the City of
Marathon, Florida ("City") and Monroe County, Florida ("County") to allocate affordable ROGO
allocations (the "ROGO Allocations") from the County to the City.
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, the City and the County entered into an Interlocal Agreement dated
September 18, 2002, to transfer sixty-seven (67) ROGO Allocations to the City to provide
opportunities for affordable housing within the corporate limits of Marathon as provided by the
County's Memorandum of Agreement with the Florida Department of Community Affairs
authorizing the release to the County of 20 1 affordable housing allocations; and
WHEREAS, the City has requested seventy-five (75) additional ROGO allocations for
affordable housing to provide an adequate pool of affordable allocations to allow for needed
larger-scale multi-family affordable housing projects; and,
WHEREAS, after allocations are approved by the Planning Commission for Second
Quarter, ROGO Year 11, the County will have 110 ROGO allocations for affordable housing
available, which includes seventy-one (71) allocations remaining from allocations provided to
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the County under a Memorandum of Agreement with the Florida Department of Community
Affairs; and,
WHEREAS, the County has no applications for an large-scale affordable housing
projects in the development approval process; 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; and,
WHEREAS, Policy 101.2.14 of the Monroe County Year 2010 Comprehensive Plan and
a similar policy in the City of Marathon's Comprehensive Plan authorizes the pooling and
transfer of affordable housing ROGO allocations between ROGO sub-districts and local
government jurisdictions within the Florida Keys Area of Critical State Concern;
NOW, THEREFORE, the City and County do mutually agree as follows:
1. Allocations, Seventy-five (75) ROGO Allocations for affordable housing shall be
allocated to the City for distribution in accordance with the City Comprehensive Plan and Land
Development Regulations, except as modified in paragraph two (2) below.
2. Limitation of Allocations. 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.
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3, Affordable Housing. The affordable housing receiving these ROGO allocations
under this Agreement shall be for tenants with annual household incomes of not more than 120
percent of the Monroe County median,
4 Termination of Agreement. This Agreement shall terminate upon the transfer to
the City and subsequent issuance of the seventy-five (75) ROGO allocations and the completion
of a final written report to the County.
5. Final Report, With sixty (60) days of the issuance of the last ROGO allocation
subject to this Agreement, the City shall provide a brief written report to the County on the
numbers, types, and location of units receiving an allocation authorized under this Agreement.
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 City:
With a copy to:
If to County:
With a copy to:
Mayor
City of Marathon
Post Office Box 500430
Marathon, Florida 33050
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
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
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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.
[THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK.]
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IN WITNESS WHEREOF, the parties have executed this Agreement.
ATTEST:
CITY OF MARATHON
BY:~)J.~,,~~
Mayor
Date: OC,ftD/tJ 3
Approved as to form and sufficiency:
BOARD OF COUNTY COMMISSIONERS
OF MONROE
COUNTY, FLORIDA
ATTEST:
~~(}. A.vSd~
County ClerklDeputy Clerk
-
By: L)~ In ~
Mayor
Date:
09- / (p - 0.3
Approved as to form and sufficiency:
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County Atto Y
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592003\Agreements\Interlocal Agreement for Transferring Affordable Housing Allocations - Final
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