Item G24 G24
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
Board of County Commissioners Meeting
December 13, 2023
Agenda Item Number: G24
2023-1821
BULK ITEM: No DEPARTMENT: Land Authority Governing Board
TIME APPROXIMATE: STAFF CONTACT: Christine Hurley
9:25 AM
AGENDA ITEM WORDING: Approval of Interlocal Agreement between the Monroe County
Comprehensive Plan Land Authority and The Islamorada Village of Islands regarding the
Administration of Land Acquisition Programs.
ITEM BACKGROUND:
Islamorada and Marathon have requested the Land Authority lead the purchase of non-Florida Forever
properties or purchases in excess of appraised value(which is the maximum the State of Florida will
reimburse in the Florida Forever program) and then each city would pay the difference between
appraised value and the negotiated purchase price or each city would pay the purchase price of non-
Florida Forever properties in their respective jurisdiction.
This type of arrangement would allow the two cities to fund key property acquisitions when the Land
Authority doesn't have the cash flow to accommodate their requested acquisitions.
Greg Oropeza, Land Authority attorney, worked with staff and Islamorada staff to develop the
agreement.
PREVIOUS RELEVANT BOCC ACTION:
September 20, 2023 MCLA Governing Board discussed and directed staff to work with Islamorada to
develop an Interlocal Agreement to guide purchases within the Village of Islamorada
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
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DOCUMENTATION:
Islamorada MCLA ILA Final.docx
FINANCIAL IMPACT:
N/A
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INTERLOCAL AGREEMENT BETWEEN THE MONROE COUNTY
COMPREHENSIVE PLAN LAND AUTHORITY AND THE ISLAMORADA VILLAGE
OF ISLANDS REGARDING THE ADMINISTRATION OF LAND ACQUISITION
PROGRAMS
This Interlocal Agreement ("Agreement") is made and entered into this day of
, 2023, by and between the MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY ("MCLA") and the ISLAMORADA VILLAGE OF ISLANDS
("ISLAMORADA"). MCLA and ISLAMORADA hereinafter collectively referred to as the
Parties.
WHEREAS, MCLA is an agency which specializes in the acquisition of land and has
experience and expertise in acquisitions of land for conservation, affordable housing and
prevention of private property takings claims; and
WHEREAS, MCLA, in part, receives funding intended for use within the jurisdictional
boundaries of the entire Keys, including the Village of Islamorada ("ISLAMORADA") and
ISLAMORADA desires to work with MCLA to acquire certain properties ISLAMORADA has
designated for acquisition for the purposes of conservation, affordable housing, and prevention of
private property takings claims; and
WHEREAS, MCLA acquisitions are required to be approved by the Islamorada Village
Council, MCLA Advisory Committee and the MCLA Governing Board prior to acquisition; and
WHEREAS,MCLA is under no obligation to prioritize or pursue properties in a particular
order preference as it relates to the acquisition of lands for conservation, affordable housing, and
prevention of private property takings claims; and
WHEREAS,ISLAMORADA desires to utilize the expertise and experience of MCLA to
assist ISLAMORADA in acquiring properties;whereby the purchase may require ISLAMORADA
to share in the cost or pay the entire purchase price, if it is deemed a priority by ISLAMORADA,
pursuant to F.S. 380.0666(3), as more particularly set forth herein.
NOW, THEREFORE, in consideration of the terms, conditions, and covenants
hereinafter provided, the Parties agree as follows:
SECTION 1 - RECITALS: The above recitals are true and correct and are incorporated herein
by reference. The parties intend for this Agreement to address program administration of
acquisition programs described below.
SECTION 2 - ADOPTION: This Interlocal Agreement is hereby entered into as of the date of
this Agreement. This Agreement shall terminate upon action by the MCLA governing board, at
its sole discretion,pursuant to Section 380.0674 (2), Florida Statutes.
SECTION 3 — LAND ACQUISITION: MCLA, on behalf of ISLAMORADA will act as a
purchasing agent for acquisition of land which ISLAMORADA selects as evidenced by
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Resolution and desires to acquire, which will include, but not be limited to, seller and/or buyer
coordination; negotiating purchase and sale agreements; ordering due diligence products
including but not limited to appraisals, boundary surveys, environmental assessments and any
other inspections required in order to facilitate ISLAMORADA's acquisition; together with
ordering closing services, title commitments, and title insurance policies on behalf of
ISLAMORADA. The MCLA staff shall be responsible for preparing all agenda items necessary
for the MCLA governing board action. MCLA staff shall coordinate with ISLAMORADA staff
as to placement of the necessary agenda items for ISLAMORADA approval. ISLAMORADA
staff shall be responsible for creating and placing of such items on the ISLAMORADA agendas.
With respect to all proposed acquisitions, once under contract,ISLAMORADA will first approve
the proposed purchase,then the MCLA Advisory Board and lastly,the MCLA Governing Board.
MCLA reserves the right to not approve any proposed purchase at the sole discretion of MCLA.
3.1. Titling to Land for Initial Acquisition: Titling to land acquired pursuant to this
Agreement, shall be titled pursuant to a mutual agreement between the Parties, on a case-by-case
basis and specific to each property acquisition, as either held in the name of MCLA or in the
name of ISLAMORADA. Regardless of how title is vested,a land use restriction agreement shall
be recorded, encumbering the property, in accordance with the requirements and restrictions for
use of the property set forth in Florida Statutes 380.0666.
In the event that any property purchased pursuant to this Agreement has existing or is
entitled to a development right(s),Islamorada shall retain such right(s),provided that the subject
property is not part of a resale program to the State of Florida, such as the Florida Forever
Program set forth in section 3.2 below,in which the State requires that acquisition of the property
include such development right(s)
3.2. Florida Forever Program: In the event that a property subject to this Agreement is
within the Florida Forever Program boundaries, MCLA will coordinate with the STATE
Department of Environmental Protection (DEP) and Florida Commerce, formerly known as the
Department of Economic Opportunity (DEO) to attempt to have the STATE reacquire such
property through the Florida Forever Program. MCLA will serve as ISLAMORADA's agent in
implementing the Memorandum of Agreement between Monroe County and the Board of
Trustees of the Internal Improvement Trust Fund of the State of Florida and will assist DEP in
identifying willing sellers within Florida Forever projects. The Parties acknowledge that Pursuant
to Sections 253.025(8)(f)and 253.025(9)(d),Florida Statutes,Chapter 18-1,Florida Administrative Code.
and that certain Memorandum of Agreement Florida Forever Key Projects Monroe County between
Monroe County, Florida and the Florida Department of Environmental Protection, MCLA is required to
maintain the confidentiality of all appraisals, offers, counteroffers and other negotiation matters until an
option agreement is executed, or if no option is executed, two weeks before a contract or agreement for
purchase is considered for approval by the State of Florida. As such, and as applicable to particular
property acquisition, there will be times when MCLA is unable to disclose certain materials and
documents in connection with a proposed purchase and sale pursuant to this Agreement to
ISLAMORADA.
3.3 Reimbursement of Acquisition Funds: With respect to any purchase where MCLA
uses MCLA funds to acquire a property and then resells such property to the STATE,the proceeds
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from such resale, after customary closing costs, will first go to reimburse MCLA for the original
acquisition funds expended by MCLA for the purchase of the land being resold. Any remaining
funds will then go to reimburse ISLAMORADA for any funds ISLAMORADA expended in the
original acquisition of such property being resold.
3.4 Priority of Acquisitions: ISLAMORADA acknowledges that MCLA is under no
obligation to prioritize or pursue properties in a particular order preference as it relates to the
acquisition of lands for conservation, affordable housing and prevention of private property
takings claims.
SECTION 4 - GIS AND PLANNING/ENVIRONMENTAL SERVICES: ISLAMORADA
will provide GIS and planning/environmental services related to land acquisition, and access to
related GIS information. In addition, ISLAMORADA will provide analyses of potential
development for land ISLAMORADA prioritizes for acquisition for use by appraisers and the
STATE.
SECTION 5 -MISCELLANEOUS:
I. Modifications to this Agreement shall be valid only when reduced to writing and duly
signed by all parties. If any term or provision of this Agreement shall be invalid or
unenforceable to any extent, the parties agree to comply with the remaining terms and
provisions, unless compliance with the remaining terms and provisions would prevent
the accomplishment of the original intent of the agreement between the parties. Either
party may terminate this Agreement at any time,with or without cause. Termination shall
take effect upon receipt of written notification by a party to the other party.
11. Notification under this Agreement shall be made by hand delivery, U.S. certified mail,
return receipt requested, or an express mail with proof of delivery. Notification by a party
shall be delivered as follows:
Islamorada Village of Islands, Village Manager
86800 Overseas Highway
Islamorada, FL 33036
Village Attorney
86800 Overseas Highway
Islamorada, FL 33036
Monroe County Comprehensive Plan Land Authority Executive Director
1200 Truman Avenue, Suite 207
Key West, FL 33040
Gregory S. Oropeza, Esquire,Attorney for Monroe County Land Authority
221 Simonton Street
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Key West, FL 33040
SECTION 6—EFFECTIVE DATE:
This Agreement shall be effective as of the date listed above.
SIGNATURE PAGE IMMEDIATELY FOLLOWING
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their officials thereto duly authorized.
(Seal)
CLERK ISLAMORADA VILLAGE OF ISLANDS
By: By:
As Deputy Clerk Mayor Joseph"Buddy"Pinder III
APPROVED FOR FORM AND LEGAL
SUFFICIENCY FOR RELIANCE BY THE
ISLAMORADA VILLAGE OF ISLANDS
ATTORNEY ONLY:
By:
John H. Quick, Village Attorney
(Seal) MONROE COUNTY
COMPREHENSIVE PLAN LAND
AUTHORITY
By: Date:
Christine Hurley, Executive Director David P. Rice, Chairman
APPROVED FOR LEGAL SUFFICIENCY:
By:
Gregory S. Oropeza, Esquire
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