Item G25 G25
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: G25
2023-1851
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 City of Marathon 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 the City of Marathon staff to develop
the agreement.
PREVIOUS RELEVANT BOCC ACTION:
September 20, 2023 MCLA Governing Board discussed and directed staff to work with Marathon to
develop an Interlocal Agreement to guide purchases within the City of Marathon.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
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DOCUMENTATION:
Marathon MCLA ILA Final.docx
FINANCIAL IMPACT:
N/A
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INTERLOCAL AGREEMENT BETWEEN THE MONROE COUNTY
COMPREHENSIVE PLAN LAND AUTHORITY AND THE CITY OF MARATHON
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 CITY OF MARATHON ("MARATHON").
MCLA and MARATHON 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 City of Marathon ("MARATHON") and
MARATHON desires to work with MCLA to acquire certain properties MARATHON 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 Marathon City
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, MARATHON desires to utilize the expertise and experience of MCLA to
assist MARATHON in acquiring properties; whereby the purchase may require MARATHON to
share in the cost or pay the entire purchase price, if it is deemed a priority by MARATHON,
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 I - 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 MARATHON will act as a
purchasing agent for acquisition of land which MARATHON selects as evidenced by 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
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limited to appraisals, boundary surveys, environmental assessments and any other inspections
required in order to facilitate MARATHON's acquisition; together with ordering closing
services,title commitments, and title insurance policies on behalf of MARATHON. The MCLA
staff shall be responsible for preparing all agenda items necessary for the MCLA governing board
action. MCLA staff shall coordinate with MARATHON staff as to placement of the necessary
agenda items for MARATHON approval. MARATHON staff shall be responsible for creating
and placing of such items on the MARATHON agendas. With respect to all proposed
acquisitions, once under contract, MARATHON 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 MARATHON. 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), MARATHON 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 MARATHON'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 MARATHON.
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
from such resale, after customary closing costs, will first go to reimburse MCLA for the original
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acquisition funds expended by MCLA for the purchase of the land being resold. Any remaining
funds will then go to reimburse MARATHON for any funds MARATHON expended in the
original acquisition of such property being resold.
3.4 Priority of Acquisitions: MARATHON 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: MARATHON
will provide GIS and planning/environmental services related to land acquisition, and access to
related GIS information. In addition, MARATHON will provide analyses of potential
development for land MARATHON 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:
City of Marathon, City Manager
9805 Overseas Highway
Marathon, FL 33050
City Attorney
9805 Overseas Highway
Marathon, FL 33050
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
Key West, FL 33040
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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)
CITY OF MARATHON
By: By:
Diane Clavier, City Clerk Mayor Robyn Still
APPROVED FOR FORM AND LEGAL
SUFFICIENCY FOR RELIANCE BY THE
CITY OF MARATHON
ATTORNEY ONLY:
By:
Steven T. Williams, City 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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