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Item P11 P11 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 September 11, 2024 Agenda Item Number: P11 2023-2974 BULK ITEM: Yes DEPARTMENT: County Attorney TIME APPROXIMATE: STAFF CONTACT: Peter Morris No AGENDA ITEM WORDING: Approval of a Third Amended Interlocal Agreement with the City of Marathon to Allow Two (2) of the Eighteen(18)Affordable Allocations, Previously Transferred from Monroe County to the City of Marathon via Interlocal Agreement(ILA), To Be Used on Alternate Sites Within the City of Marathon. ITEM BACKGROUND: The City of Marathon ("City") has requested an amendment to the operative Interlocal Agreement between the County and City to allow the two (2)remaining affordable housing allocations not used at the project at St. Columba to be used on alternate sites within the City of Marathon. The provision that the eighteen(18) market rate ROGO exemptions associated with the St. Columba site may only be transferred to receiver sites in the unincorporated County shall remain in effect. PREVIOUS RELEVANT BOCC ACTION: 7/31/18 -Approval of the original Interlocal Agreement (ILA)with the City of Marathon. 8/15/18 -Approval of the Second Corrected Interlocal Agreement with the City of Marathon. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: Allow the remaining two affordable allocations not used at the project at St. Columba to be used on alternate sites within the City of Marathon. STAFF RECOMMENDATION: Approval. DOCUMENTATION: Third Amended Interlocal Agreement Between Monroe County and the City of Marathon In Re St Columba 18 Affordable Allocations.pdf FINANCIAL IMPACT: N/A THIRD AMENDED INTERLOCAL AGREEMENT BETWEEN MONROE COUNTY AND THE CITY OF MARATHON TRANSFERRING AFFORDABLE HOUSING RESIDENTIAL ALLOCATIONS This Agreement("Agreement")is made and entered into this day of 2024, by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 ("County") and the City of Marathon, a municipal corporation of the State of Florida, whose address is 9805 Overseas Highway, Marathon,Florida 33050 (the"City"). WITNESSETH: WHEREAS, Monroe County and the City of Marathon recognize the value of regional partnerships in smart growth; and WHEREAS, Policy 101.3.10 of the Year 2030 Monroe County Comprehensive Plan allows Rate of Growth Ordinance building permit allocations (ROGOs) for affordable housing projects to be pooled and transferred between local government jurisdictions within the Florida Keys Area of Critical State Concern, if accomplished through an interlocal agreement between the sending and receiving local governments; and WHEREAS, Chapter Five (5) of the City Comprehensive Plan identifies goals, objectives and policies to provide for development pursuant to intergovernmental coordination and interlocal agreements; and WHEREAS, Monroe County and the City of Marathon have previously entered into Interlocal Agreements to transfer ROGOs; and WHEREAS, Monroe County and the City of Marathon recognize the potential economic value of such transferable affordable allocations; and WHEREAS,this Agreement is entered into according to the authority of Florida Statutes, Section 163.01, et. seq., Florida Interlocal Cooperation Act of 1969, which states: "It is the purpose of this section to permit local government units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities"; and WHEREAS, the comprehensive plans of Monroe County and the City of Marathon expressly identify interlocal agreements as a means of resolving issues mutually affecting their respective jurisdictions; and 1 of 8 WHEREAS, on or about July 181h, 2018, the original "Interlocal Agreement" antedating this Third Amended ILA was approved by the Monroe County Board of County Commissioners, and on or about August 15, 2018, a "Second Corrected Interlocal Agreement Between Monroe County and the City of Marathon Transferring Affordable Housing Residential Allocations was approved by the Monroe County Board of County Commissioners"; and WHEREAS, St. Columba Work Force Housing Corporation, a Florida Not-for-Profit Corporation currently owns the below-described property for workforce housing: Parcel ID No. 00326650-000000; Alt. Key No. 1400777 1655 Overseas Highway Marathon, FL 33050 The North 100 feet of the West 1/z of Lot 21, and the North 100 feet of Lot 22, all in Block 1 of PARRISH SUBDIVISION, according to the Plat thereof, recorded in Plat Book 2, Page 18, of the Public Records of Monroe County, Florida. ALSO: a part of the W. 1/2 of Lot 21 and a part of Lot 22, Block 1, of PARRISH SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 2, Page 18, of the Public Records of Monroe County, Florida, same being at Marathon, Key Vaca, Monroe County, Florida, and being more particularly described as follows: Commencing at the intersection of the Northwest corner of Lot 22, and the Southeasterly right-of-way line of U.S. Highway No. 1, run due South for a distance of 100 feet to THE POINT OF BEGINNING of the parcel of land hereinafter described; from said POINT OF BEGINNING, continue South along the west line of Lot 22 for a distance of 150 feet to a point,thence with an interior angle of 85 degrees 15 minutes and Northeasterly parallel with U.S. Highway No. 1 for a distance of 75.0 feet to a point;thence with an interior angle of 94 degrees 45 minutes and due North for a distance of 150 feet to a point; thence with an interior angle of 85 degrees 15 minutes Southwesterly and parallel with U.S. Highway No. 1 for a distance of 75.0 feet,back to the POINT OF BEGINNING,subjectto Easements set forth in Grant of Easement of even date herewith, executed by Grantee in favor of Grantor. WHEREAS,a condition of the sale was for St. Columba to secure eighteen(18)affordable housing allocations; and WHEREAS, County hereby agrees to transfer to City eighteen (18) affordable housing allocations to allow Marathon to secure the above properties as deed restricted affordable housing on the condition that the eighteen (18)market rate allocations harvested from the subject property must be used in the unincorporated area of the County as more fully set forth below; and WHEREAS, the parties have determined that this superseding Third Amended Interlocal Agreement is in the best interests of the public; NOW, THEREFORE,the parties hereto agree as follows: 2of8 Section 1. RECITALS: The foregoing recitals, findings, and conclusions are true and correct and are hereby incorporated as if fully set forth herein. TRANSFER: The parties agree to permit the transfer of up to eighteen (18) affordable housing ROGO allocations from Monroe County to the City of Marathon, and subj ect to the conditions contained therein, including but not limited to: a. The filing of a 99 year Affordable Housing Deed Restriction on all of the eighteen (18) affordable housing units pursuant to this Agreement and the applicable requirements of the Code of Ordinances, City of Marathon, Florida and the applicable provisions of the Florida Building Code. b. The affordable housing shall be solely in the categories of low income housing and median income housing. Renters of both income units shall qualify as earning at least 70% of their income within Monroe County. C. The transfer of the market rate rights from the properties to a receiver site(s) approved by the City of Marathon under a separate agreement with the Property Owners. d. Should the property not successfully close the units will be returned to the County and this agreement shall become null and void. Section 2. ASSIGNMENT: Monroe County has assigned its rights to the affordable allocations to the City, and the eighteen (18) affordable housing allocations are to be issued by the City. Sixteen (16) affordable housing allocations are to be used specifically by St. Columba Work Force Housing Corporation, a Florida Not-for-Profit Corporation, at the development in Marathon known as 1655 Overseas Highway, Marathon, FL 33050, and the remaining two (2) affordable housing allocations are allowed to be developed off site within the city limits of the City of Marathon. Eighteen Market Rate residential units will become available for sale and transfer as a result of the replacement or swap of said Market Rate residential units with the affordable residential units allocated through this ILA. Subject to the provisions of this ILA and by subsequent Agreement between the City of Marathon and the Corporate entity defined herein(1655 OS LLC), all eighteen (18) of the market rate residential units which become available shall be sold by said Corporate entities to owners whose receiver site properties exist within the unincorporated area of Monroe County. Transfers shall be approved and documented pursuant to the relevant administrative procedures of the City of Marathon Land Development Regulations and a Minor Conditional Use Permit(s) as required pursuant to the Monroe County Land Development Regulations. Section 3. TERM: Subject to and upon the terms and conditions set forth herein, this Agreement shall continue in force until fully performed by the parties and Property Owner. 3 of 8 Section 4. NOTIFICATION: The City of Marathon shall (1) notify Monroe County of any assignment(s) and successor(s) in interest or title to St. Columba Work Force Housing Corporation, a Florida Not-for-Profit Corporation; for the duration of the ROGO allocations described in Section 1. ("Transfer") above, and (2) shall notify Monroe County of any assignment(s) and successor(s) in interest or title to the ROGO allocations described in Section 1. ("Transfer") above at least thirty (30) days prior to the date of such transfer or succession by certified U. S. Postal Service Certified mail to the Monroe County Planning & Environmental Resources Senior Director. The City of Marathon shall provide written notice to the Senior Director of the Monroe County Planning & Environmental Resources Department upon issuance of building permit(s) of the two (2) affordable ROGO allocations to be used on sites other than 1655 Overseas Highway, including copies of their recorded affordable housing deed restriction(s), pursuant to this Agreement. All such notices under this Section ("Section 4.") shall be sent to the following addresses: Monroe County Administrator 1100 Simonton Street Key West, FL 33040 Planning & Environmental Resources Department Attn: Senior Director 2978 Overseas Highway Marathon, FL 33050 Monroe County Attorney 1111 121h Street, Suite 408 Key West, FL 33040 Section 5. GOVERNING LAWSNENUE: This Agreement shall be construed in accordance with and governed by the laws of the State of Florida and the United States. Exclusive venue for any dispute arising under this Agreement shall be in the Sixteenth Judicial Circuit in and for Monroe County, Florida. In the event of any litigation, the prevailing party is entitled to a reasonable attorney's fee and costs. This Agreement is not subject to arbitration. Section 6. NONDISCRIMINATION: The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any parry, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to (1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (2) Section 504 of the Rehabilitation Act of 1973, as amended (20 U.S.C. s. 1975, as amended (42 U.S.C. ss. 6101-6107)), which prohibits discrimination on the basis of age; (4) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (5) The Comprehensive Alcohol Abuse And Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, 4of8 relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (6) The Public Health Service Act of 1912, ss. 523 and 527, (42 U.S.C. ss. 290 dd-3 and 290 ee03), as amended, relating to confidentiality of alcohol and drug abuse patient records; (7) The Americans With Disabilities Act of 1990 (42 U.S.C. s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; (8) The Florida Civil Rights Act of 1992, (Chapter 760, Florida Statutes, and Section 509.021, Florida Statutes), as may be amended from time to time, relating to nondiscrimination; and (9) any other nondiscrimination provisions in any federal or state statues or local ordinances which may apply to the parties to, or the subject matter of, this Agreement. Section 7. CODE OF ETHICS: The parties agree that their officers and employees recognize and will be required to comply with the standards of conduct relating to public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Section 8. NO SOLICITATION/PAYMENT: The parties warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not been paid or agreed to pay any person, company, corporation, individuals, or firm, other than a bona fide employee working solely for it,any fee, commission,percentage, gift,or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach of violation of this provision, each party agrees that the other parry shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover the full amount of such fee, commission,percentage, gift, or consideration. Section 9. SUBORDINATION: This Agreement is subordinate to the laws and regulations of the United States and the State of Florida, whether in effect on commencement of this Agreement or adopted after that date. Section 10. INCONSISTENCY: If any item, condition, or obligation of this Agreement is in conflict with other items of this Agreement,the inconsistencies shall be construed so as to give meaning to those terms which limited the County's responsibility and liability. Section 11. PUBLIC ACCESS TO RECORDS: The parties shall allow and permit members of the public reasonable access to, and inspection of, all documents, papers, letters, or other materials subj ect to the provisions of Chapter 119, Florida Statutes, and made or received by the parties in conjunction with this Agreement. Section 12. NON-RELIANCE BY NON-PARTIES: Other than as stated herein, no person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-parry claim or entitlement to or benefit of any service or program contemplated hereunder, and the parties agree that neither the County nor the City or any agent, officer, or employee of each shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements 5of8 or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. Section 13. NO PERSONAL LIABILITY: No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of a party in his or her individual capacity, and no member, officer, agent or employee of a party shall be liable personally on this Agreement or be subj ect to any personal liability or accountability by reason of the execution of this Agreement. Section 14. NOTICES: All notices and other communications hereunder must be in writing and addressed as follows, or to any other address which either party may designate to the other parry by mail: If to County: Kevin Wilson, Acting County Administrator Monroe County Historic Gato Building 1100 Simonton Street Key West, Florida 33040 Planning & Environmental Resources Department Attn: Senior Director 2798 Overseas Highway Marathon, FL 33050 With a copy to: Robert B. Shillinger, Jr., Esquire Monroe County Attorney's Office 1111 121h Street, Suite 408 Key West, Florida 33040 If to City: George Garrett City Manager City of Marathon 9805 Overseas Highway Marathon, Florida 33050 Brian Shea Planning Director City of Marathon 9805 Overseas Highway Marathon, FL 33050 With a copy to: Steven Williams, Esquire City Attorney City of Marathon 9805 Overseas Highway Marathon, FL 33050 6of8 Debra Andrew Maconaughey 451 W. 52nd Street Gulf Marathon, FL 33050 Contact for Property Owners Any notice required by this Agreement to be given or made within a specified period of time, or on or before a date certain, 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. Section 15. ENTIRE AGREEMENT/MODIFICATION/AMENDMENT: This writing contains the entire Agreement of the parties and supersedes any prior oral or written representations. No representations were made or relied upon by either party, other than those that are expressly set forth herein. No agent, employee, or other representative of either party is empowered to modify or amend the terms of this Agreement, unless executed with the same formality as this document. Section 16. MISCELLANEOUS: Each parry 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. Section 17. COUNTERPARTS: This Agreement may be executed in several counterparts, each of which shall be deemed an original, and such counterpart shall constitute one and the same instrument. Section 18. SEVERABILITY: The provisions of this ILA are declared to be severable, and if any sentence, section, clause or phrase of this ILA shall, for any reason, be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sentences, sections, clauses or phrases of the Ordinance,but they shall remain in effect it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 19. EFFECTIVE DATE: This Agreement shall take effect on the date set forth above. IN WITNESS WHEREOF, each parry has caused this Agreement to be executed by its duly authorized representative. (SEAL) BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ATTEST: KEVIN MADOK, CLERK By: By: As Deputy Clerk Holly Merrill Raschein Mayor 7of8 Date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY ,J' O TOfORM By: C�FNt�7 8/28/24 FOR MONROE COUNTY ATTEST: THE CITY OF MARATHON, FLORIDA By: DIANE CLAVIER Mayor Robyn Still Date: City Clerk (City Seal) APPROVED AS TO FORM AND LEGALITY FOR THE USE AND RELIANCE OF THE CITY OF MARATHON, FLORIDA ONLY: By: Steven Williams City Attorney We hereby consent to this Agreement and agree to abide by all terms and requirement herein. ST. COLUMBA WORK FORCE HOUSING CORPORATION a Florida Not-for-Profit corporation By: Debra Andrew Maconaughey President Date: 8of8