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Home My WebLink AboutResolution 190-2025 RESOLUTION 190 - 2025 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING $8,550,000.00 FOR DEMOLITION OF EXISTING BUILDING AND CONSTRUCTION FUNDING FROM THE MONROE COUNTY AFFORDABLE TOURISM HOUSING PROGRAM UPON MONROE COUNTY HOUSING AUTHORITY RECEIVING A LOAN COMMITMENT FOR FUNDING FOR THE ENTIRE PROJECT AND UPON RECEIPT OF BUILDING PERMITS FROM THE CITY OF MARATHON FOR UP TO 19 UNITS WHICH WILL BE DESIGNATED FOR EMPLOYEES OF PRIVATE SECTOR TOURISM-RELATED BUSINESSES IN ACCORDANCE WITH MONROE COUNTY RESOLUTION 544-2024 ON PROPERTY LEGALLY DESCRIBED AS A LOTS 1, 2, 3 AND 4, BLOCK B, SHERYL SUBDIVISION NO. 2,A SUBDIVISION ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4,PAGE 43, OF THE PUBLIC RECORDS OF MONROE COUNTY WITH PARCEL ID# 00339920-000000; SUBJECT TO A LAND USE RESTRICTION AGREEMENT(LURA);AND AUTHORIZING THE MAYOR TO EXECUTE DOCUMENTS IN SUPPORT OF THE PROJECT. WHEREAS, Ch. 24-219, Laws of Fla., (SB 1456) became effective on July 1, 2024; and WHEREAS, Ch. 24-219, § 4, Laws of Fla., provides that counties, which are designated as an Area of Critical State Concern (ACSC), and which levy both a tourist development tax pursuant to F.S. 125.0104, and a tourist impact tax pursuant to F.S. 125.0108, may use any accumulated surplus from such taxes collected through September 30, 2024, not to exceed $35 million, whether held by the county directly, or by a land authority in the county created pursuant to F.S. 380.0663, for purposes of providing housing which is available to employees of private sector tourism-related businesses in the county; and WHEREAS, Ch. 24-219, § 4, Laws of Fla., further provides that any housing financed with funds from the surplus may be used only for purposes of providing "affordable" housing, as defined in F.S. 420.0004, for a period of no less than 99 years for employees of private sector tourism-related businesses as defined in Monroe County Resolution 544-2024; and WHEREAS, pursuant to F.S. 420.0004, for one or more natural persons or a family, the total annual adjusted gross household income must be less than 120 percent of the median annual adjusted gross income for households within the state; and WHEREAS,Ch. 24-219, §4,Laws of Fla.,further provides that expenditure of such funds is subject to approval by a majority vote of the BOCC; and Page 1 of 4 WHEREAS,in anticipation of Ch. 24-219, Laws of Fla., becoming law, on May 15, 2024, the Board of County Commissioners (BOCC)passed Monroe County Ordinance 018-2024, which authorized the "accumulated surplus" funds to be transferred to an account to be held directly by the County or Land Authority and authorized for use in accordance with state law; and WHEREAS,within said Ordinance,the BOCC stated that"[t]he BOCC will adopt a policy or resolution setting forth the process for distribution and expenditure of accumulated funds for affordable housing in accordance with the conditions as set forth in SB 1456"; and WHEREAS, the BOCC adopted Resolution 544-2024 establishing the Monroe County Affordable Tourism Housing Program (hereinafter "the Program") setting forth the program parameters, restrictions, and conditions for evaluation of potential affordable housing projects which qualify for this funding and the subsequent distribution and expenditure of the accumulated funds for selected affordable housing projects in accordance with the requirements as set forth in Ch. 24-219, § 4, Laws of Fla.; and WHEREAS, the Monroe County Housing Authority (hereinafter MCHA) is proposing to develop up to 19 new affordable housing units on land located at 490 63 rd Street,Marathon,legally described as Lots 1, 2, 3, and 4, Block B, Sheryl Subdivision No. 2, a subdivision according to the plat thereof as recorded in Plat Book 4, Page 43, of the Public Records of Monroe County with Parcel ID No. 00339920-000000 (Subject Property); and WHEREAS, the County currently owns the Subject Property and is willing to utilize that land for affordable housing development; WHEREAS, the MCHA has plans to develop up to 19 affordable new housing units to be solely occupied by heads of households employed by a private sector tourism-related business whose income does not exceed 120 percent of the median annual adjusted gross income for households within the state; and WHEREAS, the MCHA has applied to the Program for $8,550,000.00 in construction funding to facilitate the development; and WHEREAS, MCHA has requested $8,550,000.00 be disbursed upon issuance of building permits for up to 19 units; and WHEREAS, the Board has determined that it should utilize tourist development tax revenue from two District Advisory Committees (DAC) consisting of$6,273,123.00 from DAC 3 and $2,276,877.00 from DAC 4 toward the demolition of the existing building and subsequent construction of affordable housing in Marathon; and WHEREAS, the Board of County Commissioners considered this resolution at a regular meeting held on May 21, 2025; NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Page 2 of 4 Section 1. The above recitals are true and correct and incorporated herein. Section 2. Monroe County hereby commits $8,550,000.00 in FY25 for demolition costs and construction funding for the Subject Property to MCHA. Section 3. The County will donate the value of the land to the project without reimbursement from the fund and will disburse the dollar amount needed to demolish the existing building from this fund. Section 4. The County will disburse $8,550,000.00 (less demolition costs) upon receipt from MCHA and approval by the County's Senior Director of Planning and Environmental Resources, or her designee, the following: 1. a written loan commitment(if required)from a lender for the entire project cost; 2. a proforma showing the entire project cost, certified by a licensed design engineer or architect; and 3. written confirmation from the City of Marathon indicating permits are ready for issuance for up to the 19 new units. 4. Proof of recorded LURA pursuant to section 4 below. Section 5. Prior to disbursement of any portion of the $8,550,000.00, the MCHA shall sign and record a Land Use Restriction Agreement (LURA), to be drafted and provided by the Monroe County Attorney's Office, restricting use of the Subject Property to affordable housing in accordance with section 420.0004, Florida Statutes, and the Monroe County Affordable Tourism Housing Program, for 99 years. Section 6. The Mayor and County Administrator are hereby authorized to execute documents in support of MCHA's funding. Section 7. As consideration for donating land to this project, the MCHA will share income from the rentals on the Subject Property, less funds needed to operate and maintain the buildings and program, which the County will use for future affordable housing development. Section 8. This resolution shall take effect immediately upon its adoption PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 21"day of May, 2025. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURES ON FOLLOWING PAGE Page 3 of 4 • Mayor James K. Scholl, District 3 Yes Mayor Pro)Ternc e e Lincoln, Mi h Li oln, District 2 Yes Commissioner r Craig Cates, District Yes msso Commissioner avid . Onlnl S Oner David Rice,.District 4 Yes • • Commissioner Merrill Ras heir, District 5: Yes Comm ss ner Hollyc . BOARD OF COUNTY COMMISSIONERS OF 4i--: . 0 i i. $ . 44.12bi . Ili, , . , \� YOR JAMES K. SCHOLL • ,.ram, ear�7,'tl l)Air ,-- ,,.. • S ,r. • (5SE, f4SçEV1N AL.- ,,�,3 /:;'::-'77., ( r:.- MADOK,,c-,1:_vk , CLERK Approved for form and legal sufficiency P v,7':-:,-.' i .��' �fc;�- � «_.``�f -F� RObert B.. Digitally signed by Robert B. '�,a �' r::;\ 10. ,��• �� .. , ' � :' Sliillinger,:Jr. i ::: k.� By: Shillinger,Jr.�r -- r - ytf, 1( Dater 2025.05.28 15;17:04=04'00' ' .. Y r�+ _' fit°ar L ,a,,,,.:;,- � �"_r�/ .. .. .. .. .. ., r.,: ' y_`,:1A .E '��TY LERK Robert Shi.lhn er, Jr.., County Attorney. . _ may, ,; -. ,4- .. . Page 4 of