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Home My WebLink AboutItem J3 J3 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting June 18, 2025 Agenda Item Number: J3 2023-4091 BULK ITEM: No DEPARTMENT: Planning & Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Cheryl Cioffari/ Christine Hurley AGENDA ITEM WORDING: Approval of a resolution approving the expenditure of$900,000.00 for construction funding of the $9,582,900.00 from the Monroe County Affordable Tourism Housing Program approved by BOCC Resolution No. 196-2025 granted to Monroe County Housing Authority (MCHA) for the development of 18 units, hereby increased for up to 19 affordable rental units, at 23038 Overseas Highway, Cudjoe Key, Florida with Parcel ID Nos. 00187650-000000, 00187680-000000, 00187690-000000 and 00187700-000000 (the "Subject Property"); subject to a Land Use Restriction Agreement (LURA); and authorizing the Mayor and County Administrator to execute documents in support of the project. ITEM BACKGROUND: The Monroe County Housing Authority (MCHA) is developing up to 19 new affordable housing units (the "Project") on land located at 23038 Overseas Highway, Cudjoe Key, legally described as Lots 1 through 6, Block 3, Cudjoe Ocean Shores, according to the plat thereof as recorded in Plat Book 5, Page 107, of the Public Records of Monroe County with Parcel ID Nos. 00187650-000000, 00187680- 000000, 00187690-000000 and 00187700-000000 (Subject Property). Funding for this project was approved at the May 21, 2025 meeting. Following that meeting, the MCHA requested the disbursement of $900,000.00 of the approved $9,582,900.00 (less acquisition costs) from the Monroe County Affordable Housing Tourism Program (hereinafter "the Program") to facilitate the design, engineering,permitting, etc. of the Project. Upon acceptance of the $900,000.00, 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 F.S. 380.0666(3)(a) in perpetuity. 1863 PREVIOUS RELEVANT BOCC ACTION: At the May 21, 2025, Regular BOCC Meeting, the BOCC adopted Resolution 196-2025, authorizing $9,582,900.00 from the Program to develop 18 new affordable housing units on the Subject Property. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: TDC.Cudjoe.ResoAuthorizing$900IUunding.revised 6.9.25.doc Resolution 196-2025.pdf FINANCIAL IMPACT: N/A 1864 RESOLUTION NO. A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING $900,000.00 FOR CONSTRUCTION FUNDING OF THE $9,582,900.00 FROM THE MONROE COUNTY AFFORDABLE TOURISM HOUSING PROGRAM APPROVED BY BOCC RESOLUTION NO. 196-2025 GRANTED TO MONROE COUNTY HOUSING AUTHORITY FOR THE DEVELOPMENT 18 UNITS, HEREBY INCREASED 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 THROUGH 6, BLOCK 3, OCEAN SHORES SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 107, OF THE PUBLIC RECORDS OF MONROE COUNTY WITH PARCEL ID # 00187650-000000, 00187680-000000, 00187690-000000 AND 00187700- 000000; SUBJECT TO A LAND USE RESTRICTION AGREEMENT (LURA); AND AUTHORIZING THE MAYOR TO EXECUTE DOCUMENTS IN SUPPORT OF THE PROJECT. WHEREAS, as evidenced by Monroe County Board of County Commissioners (BOCC) Resolution 196-2025, approved on May 21, 2025, the Monroe County Housing Authority (MCHA) has requested $9,582,900.00 from the Monroe County Affordable Housing Tourism Program (hereinafter "the Program") to acquire the parcels and develop 18 new affordable housing units on land located at 23038 Overseas Highway, Cudjoe Key, legally described as Lots 1 through 6, Block 3, Cudjoe Ocean Shores, according to the plat thereof as recorded in Plat Book 5, Page 107, of the Public Records of Monroe County with Parcel ID Nos. 00187650- 000000, 00187680-000000, 00187690-000000 and 00187700-000000 (Subject Property); and WHEREAS, of the $9,582,900.00, the County disbursed $1,670,000.00 when the Monroe County Land Authority (MCLA) negotiated a purchase contract on the Board's behalf pursuant to an interlocal agreement between MCLA and the County authorizing MCLA to act as purchasing agent for the Monroe County Affordable Tourism Housing Program which was approved at the May 21, 2025 Board of County Commissioners meeting; and WHEREAS, MCHA is in the process of developing site plans for the Subject Property and is considering the potential to develop up to 19 new affordable housing units on the Subject Property; and WHEREAS, MCHA has requested $900,000.00 be disbursed upon passage of this resolution and the remaining $7,912,900.00 be disbursed upon receipt from MCHA and approval by the County's Senior Director of Planning and Environmental Resources, or her designee, the following: Page 1 of 4 1865 1. a written loan commitment(if required) from a lender for the entire project cost; and 2. a proforma showing the entire project cost, certified by a licensed design engineer or architect; and 3. written confirmation from the County indicating permits are ready for issuance for up to the 19 new units; and 4. Proof of recorded 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 F.S. 420.0004 and the Monroe County Affordable Tourism Housing Program, for 99 years. 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, on May 21, 2025 at a regular BOCC meeting, the Board has determined that it should utilize tourist development tax revenue from two District Advisory Committees (DAC) consisting of $6,868,243.00 from DAC 1 and $2,714,657.00 from DAC 2 toward the acquisition of the subject property and subsequent construction of affordable housing on Cudjoe Key as approved by BOCC Resolution 196-2025; and WHEREAS, the MCHA has plans to develop up to 19 new affordable housing units for income eligible households whose income does not exceed 120 percent of the Area Median Income in accordance with F.S. 380.0666(3)(a). The amount of units is to be determined after MCHA obtains development approval from the County; and WHEREAS, the Board of County Commissioners considered this resolution at a meeting held on June 18, 2025. NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Section 1. The above recitals are true and correct and incorporated herein. Section 2. The County disbursed $1,670,000.00 for acquisition of the Subject Property pursuant to a purchase contract negotiated by the Monroe County Land Authority (MCLA) on the Board's behalf pursuant to an interlocal agreement between MCLA and the County authorizing MCLA to Page 2 of 4 1866 act as purchasing agent for the Monroe County Affordable Tourism Housing Program which was approved at the May 21, 2025 Board of County Commissioners meeting. Section 2. The County will disburse $900,000.00 upon adoption of this resolution. Section 3. The County will disburse the remaining $7,912,900.00 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; and 2. a proforma showing the entire project cost, certified by a licensed design engineer or architect; and 3. written confirmation from the County indicating permits are ready for issuance for up to 19 new units; and 4. Proof of recorded LURA pursuant to section 4 below. Section 4. Upon acceptance of $900,000.00, 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 F.S. 380.0666(3)(a) in perpetuity. Section 5. The Mayor and County Administrator are hereby authorized to execute documents in support of MCHA's funding. Section 6. 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 181h day of June, 2025. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURES ON THE FOLLOWING PAGE Page 3 of 4 1867 Mayor James K. Scholl, District 3 Mayor Pro Tem Michelle Lincoln, District 2 Commissioner Craig Cates, District 1 Commissioner David Rice, District 4 Commissioner Holly Merrill Raschein, District 5 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY MAYOR JAMES K. SCHOLL (SEAL) ATTEST: KEVIN MADOK, CLERK Approved for form and legal sufficiency by: DEPUTY CLERK Monroe County Attorney Page 4 of 4 1868 RESOLUTION 196 -2025 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING $9,582,900.00 FOR ACQUISITION AND CONSTRUCTION FUNDING FROM THE MONROE COUNTY AFFORDABLE TOURISM HOUSING PROGRAM UPON MONROE COUNTY HOUSING AUTHORITY RECEIVING A LOAN COMMITMENT (IF REQUIRED) FOR FUNDING FOR THE ENTIRE PROJECT AND UPON RECEIPT OF BUILDING PERMITS FROM MONROE COUNTY FOR 18 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 LOTS 1 THROUGH 6, BLOCK 3,OCEAN SHORES SUBDIVISION,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5,PAGE 107, OF THE PUBLIC RECORDS OF MONROE COUNTY WITH PARCEL ID # 00187650-000000, 00187680-000000, 00187690-000000 AND 00187700-000000; 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 1869 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 Land Authority (MCLA) negotiated the proposed agreement on the Board's behalf pursuant to an interlocal agreement between MCLA and the County authorizing MCLA to act as purchasing agent for the Monroe County Affordable Tourism Housing Program which will be considered at the May 21, 2025 Board of County Commissioners meeting; and WHEREAS, the Monroe County Housing Authority (hereinafter MCHA) is proposing to develop 18 new affordable housing units on land located at 23038 Overseas Highway, Cudjoe Key, legally described as Lots 1 through 6, Block 3, Cudjoe Ocean Shores, according to the plat thereof as recorded in Plat Book 5, Page 107, of the Public Records of Monroe County with Parcel ID Nos. 00187650-000000, 00187680-000000, 00187690-000000 and 00187700-000000 (subject property); and WHEREAS,the MCHA has plans to develop 18 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 $9,582,900.00 in acquisition and construction funding to facilitate purchase of the subject property and subsequent development; and WHEREAS, MCHA has requested $9,582,900.00 be disbursed upon issuance of building permits for the 18 units; and WHEREAS, the Board has determined that it should utilize tourist development tax revenue from two District Advisory Committees (DAC) consisting of$6,868,243.00 from DAC 1 and $2,714,657.00 from DAC 2 toward the acquisition of the subject property and subsequent construction of affordable housing on Cudjoe Key; and Page 2 of 4 1870 WHEREAS, the Board of County Commissioners considered this resolution at a meeting held on May 21, 2025; NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Section 1. The above recitals are true and correct and incorporated herein. Section 2. Monroe County hereby commits $9,582,900.00 in FY25 for acquisition funding for Monroe County and construction funding for the Subject Property to Monroe County Housing Authority (MCHA). Section 3. The County will disburse total cost of purchase plus closing costs to the seller of the Subject Property and the remining funding to the MCHA, upon receipt from MCHA and approval by the County's Senior Director of Planning and Environmental Resources, or her designee, of the following: 1. a written loan commitment (if required) from a lender for the entire project cost; and 2. a proforma showing the entire project cost, certified by a licensed design engineer or architect; and 3. written confirmation from the County indicating permits are ready for issuance for the 18 new units; and 4. Proof of recorded LURA pursuant to section 4 below. Section 4. Prior to disbursement of any portion of the $9,582,900.00, the County and/or 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 5. The Mayor and County Administrator are hereby authorized to execute documents in support of MCHA's funding. Section 6.As consideration for donating land to this project, the MCHA will share income from the rentals on this property, less funds needed to operate and maintain the buildings and program, which the County will use for future affordable housing development. Section 7. 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 21st day of May 12025 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURES ON FOLLOWING PAGE Page 3 of 4 1871 Mayor James K. Scholl, District 3 Yes Mayor Pro Tem Michelle.Lincoln,District 2 Yes Commissioner Craig Cates, District 1 Yes Commissioner David Rice,District 4 Yes Commissioner Holly Merrill Raschein, District 5 Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY M R JAMES K. SCHOLL ' A rIVIN 1VIADOK, CLERK AS DEPU CLERK 40 +s Approved for form and legal sufficiency by: Robert B. Digitally signed by Robert B. Shillinger,Jr. Shillinger, Jr. Date:2025.05.28 16:27:22-04'00' Robert B. Shillinger, Jr, Monroe County Attorney Page 4 of 4 1872