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Home My WebLink AboutResolution 228-2025 RESOLUTION NO. 228 -2025 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 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 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 18t" day of June, 2025. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURES ON THE FOLLOWING PAGE Page 3 of 4 Mayor James K. Scholl, District 3 Yes Mayor Pro TemMichelle Lincoln, Districtc 2 Yes Cr Cates, Di ti t1 Commissioner ragi � s r c Absent 1 1 David District4 • Comm ss oner av Rice, Yes • C iMerrill R h e i District 5 ommiss ones Holly asc e n, Yes . BOARD OF COUNTY COMMISSIONERS , OF MONROE COUNTY FLORIDAA 0 a I By, il 4- ; .. _•y.?1d 41;�"�..'e. - .. . 0 YOR JAMES . SCHOLL - : .: ''. ��✓,2.i'+`/ c-\� Ind L\ ' ;� �----(,LASBAL)\v�:,''e'�F ATT �S , . . �,�.-sa,� �� }�� VIN MADOK9 CLERK MONROE COUNTY ATTORNEY ' \,V,'..':'`,:,\:"'<‘''.1,1'i.t,'---:i. ,C�1 � ��sv:1�d �r,.2��. r•�(�' •1, 'f:.,, Approved for form and legal:sufficiency 1 2 , , r, t 3a t.6. j I.11`;7: t .Z. Robert:B. Digitally signed by Robert B. �,:q. :{�;�zrYS" r� ,�7 v � Shillinger,Jr: . t ,' s- --,.: 5-��, ShiIliriger,Jr. . , , x: v� Date:2025.06.23 14:08:26-04 00 i4k .r,�� _5..y ,r' t y A Deputy Clerk . Robert Shillinger, Jr.; County Attorney - . x,.. ' i '..Z: -"It • : C., ,w,,.,� r. 7, •-r ... * . Page 4 of 4