HomeMy WebLinkAboutItem J11 J11
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
August 20, 2025
Agenda Item Number: J11
2023-4350
BULK ITEM: No DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Cheryl Cioffari/Christine Hurley
N/A
AGENDA ITEM WORDING:
Approval of a resolution amending Section 3 of Resolution 050-2025 to allow the disbursement of
$10,000,000 for construction funding to the Key West Housing Authority upon providing a written loan
commitment from a lender for the full loan amount of$6,745,445.00 to be used in the construction of
20 affordable rental units at Poinciana Plaza utilizing accumulated surplus Tourist Development Tax
revenues for providing housing that is affordable to employees of private sector tourism-related
businesses in the County.
ITEM BACKGROUND:
The proposed resolution would amend only the portion of Section 3 of Resolution 050-2025 that
conditions the payment by the County to the Key West Housing Authority (KWHA) of ten million
dollars $10,000,000.00 on a written loan commitment from the "entire project cost" as set forth in
Section 3 of Resolution 050-2025 to the "full loan amount of $6,745,445.00". The effect of this
resolution corrects an inadvertent oversight in the language of Section 3 of Resolution 050-2025 since
the lender's written loan commitment can only be for the amount of the loan, not the entire project cost
as set forth in Section 3 of Resolution 050-2025.
Resolution 050-2025 as amended, provides financial means to the KWHA, which is developing 54 new
units at Poinciana Plaza in the City of Key West. The number of units depends on whether they are able
to obtain variances for setbacks, etc. Of the 54 new units at Poinciana, KWHA is proposing to develop
fourteen (14) 1-bedroom/bathroom units and six (6) 2+ bedroom/bathroom units for a total of twenty
(20) units which will be solely occupied by heads of households working in a private sector tourism-
related business.
The County will disburse the $10,000,000.00 when KWHA provides the County's Planning &
Environmental Services Director, or her designee, with the following:
1. a written loan commitment from a lender for the full loan amount of$6,745,445.00; and
3319
2. a proforma showing the entire project cost, certified by a licensed design engineer or architect;
and
3. written confirmation from the City of Key West indicating permits are ready for issuance for the
20 new units; and
4. Proof of recorded LURA pursuant to section 4 of the amended resolution.
Upon acceptance of$10,000,000, the KWHA shall sign and record a Land Use Restriction Agreement
(LURA) restricting use of the subject property to affordable housing in accordance with F.S.
380.0666(3)(a) in perpetuity.
PREVIOUS RELEVANT BOCC ACTION:
April 17, 2024 - Board directed staff to prepare an ordinance to allow for the authorized use of Tourist
Development and Tourist Impact Tax revenues as set forth in SB 1456.
May 15, 2024 - Board approved Ordinance No. 018-2024 which authorized "accumulated surplus"
funds to be transferred to an account to be held directly by the County or Land Authority for use in
accordance with provisions of SB 1456 with adoption of a policy or resolution setting forth the process
for distribution and expenditure of the accumulated funds to be approved by the Board at a later date.
August 21, 2024 - Board directed staff to bring back information to the Board concerning the collection
of tourist tax revenues.
September 11, 2024 - Board directed staff to bring back information from the Affordable Housing
Advisory Committee (AHAC) and the Tourist Development Council(TDC).
January 15, 2025 - BOCC approved Resolution 050-2025 for the distribution of$10,000,000.00 TDC
Surplus Funds to KWHA.
October 16, 2024 - Board directed staff to bring back information from AHAC and the TDC and seek
input from the cities regarding potential projects within their respective jurisdictions.
November 19, 2024 - Board gave direction for use of the accumulated surplus Tourist Development
Tax and Tourist Impact Tax revenues collected through September 30, 2024 to be spent as closely as
possible to the 5 year average of where the funds were collected by District Advisory Committee
(DAC) boundaries, in an amount not to exceed $35 million for the purpose of providing housing that is
affordable and available to employees of private sector tourism-related businesses in the County in
accordance with Ch. 2024-219, Laws of Florida and to use the North American Industry Classification
System (NCAIS) to define "tourism related affordable housing".
December 11, 2024 - Board approved Resolution 544-2024 establishing the Monroe County Affordable
Tourism Housing Program and
setting forth the program qualifications, restrictions, and conditions for funding affordable housing
projects utilizing the accumulated surplus Tourist Development Tax and Tourist Impact Tax revenues
collected through September 30, 2024, in an amount not to exceed $35 million for the purpose of
providing housing that is available to employees of private sector tourism-related businesses in the
County in accordance with Ch. 2024-219, Laws of Florida.
January 15, 2025 - BOCC approved Resolution 050-2025 authorizing the disbursement of
$10,000,000.00 for construction funding utilizing TDC Surplus Funds.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
3320
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Resolution amending only Section 3 of Resolution 050-2025 regarding $10 million in funding for
Tourist Employee Housing Project at Poinciana Plaza.pdf
Resolution 050-2025.pdf
Resolution 544-2024
ExA.property.legal.description.docx
Ex.B.LURA for TDC Program.Poinciana.DRAFT.docx
FINANCIAL IMPACT:
Utilization of$10,000,000 from TDC Surplus.
3321
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING SECTION 3 OF
RESOLUTION 050-2025 TO ALLOW THE DISBURSEMENT OF
$10,000,000.00 FOR CONSTRUCTION FUNDING FROM THE
MONROE COUNTY AFFORDABLE TOURISM HOUSING
PROGRAM UPON KEY WEST HOUSING AUTHORITY
PROVIDING A WRITTEN LOAN COMMITMENT FROM A
LENDER FOR THE FULL LOAN AMOUNT OF $6,745,445.00 AND
UPON RECEIPT OF BUILDING PERMITS FROM THE CITY OF
KEY WEST FOR 20 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 TRACT OF LAND LYING ON THE ISLAND OF KEY WEST,
MONROE COUNTY, FLORIDA AND BEING KNOWN AS A
PORTION OF LOT 5, LOTS 6 THROUGH 12, BLOCK 17, AND
LOTS 1 THROUGH 8, A PORTION OF LOTS 9 THROUGH 12,
BLOCK 18 AND LAND LYING NORTH OF SAID BLOCKS AND
BEING MORE PARTICULARLY DESCRIBED AS SHOWN IN
EXHIBIT A WITH PARCEL ID# 00054250-000000 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
Pagel of 4
3322
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
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 Housing Authority of the City of Key West (hereinafter KWHA) is
proposing to develop 54 new affordable housing units, known as the Poinciana Housing Project,
on land described in Exhibit A, in Key West at Poinciana Plaza(subject property); and
WHEREAS,the KWHA has plans to develop 54 affordable new housing units for income
eligible households whose income does not exceed 160 percent of the Area Median Income in
accordance with F.S. 380.0666(3)(a); and
WHEREAS, the KWHA desires to limit 20 of the 54 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 KWHA has applied to the Program for $10 million in construction
funding to facilitate the development; and
WHEREAS, KWHA has requested $10,000,000 be disbursed upon issuance of building
permits for the 20 units; and
WHEREAS, F.S. 380.0666(3)(a) empowers County to utilize tourist impact tax revenue
in the KW fund toward the construction of affordable housing in Key West; and
WHEREAS, on January 15, 2025, the BOCC approved Resolution 050-2025; and
Page 2 of 4
3323
WHEREAS,Resolution 050-2025 contained an ambiguity as to the requirements of a loan
commitment for the project cost and the BOCC desires to clarify such ambiguity with this
resolution that amends only Section 3 of Resolution 050-2025; and
WHEREAS, the Board of County Commissioners considered this resolution at a meeting
held on August 20, 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. Resolution 050-2025 shall remain unchanged and in effect except as denoted in italics
and bold face as set forth in Section 3 of this resolution.
Section 3. The County will disburse $10,000,000 upon receipt from the Housing Authority of the
City of Key West (hereinafter "KWHA") and approval by the County's Planning and
Environmental Services Director, or her designee, the following:
1. a written loan commitment from a lender for the full loan amount of$6,745,445.00; and
2. a proforma showing the entire project cost, certified by a licensed design engineer or
architect; and
3. written confirmation from the City of Key West indicating permits are ready for issuance
for the 20 new units.
4. Proof of recorded LURA pursuant to section 4 below.
Section 4. The Mayor and County Administrator are hereby authorized to execute documents in
support of KWHA's funding in furtherance of Resolution 050-2025 as amended by this Resolution.
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 201h_day of August, 2025 in Key West, Florida.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURES ON FOLLOWING PAGE
Page 3 of 4
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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
DEPUTY CLERK
Approved as to form and legal sufficiency
For reliance only by the Monroe County B.O.C.C.
Robert B. Shillinger, Jr.
Monroe County Attorney
Page 4 of 4
3325
F \i
��h hk Am
RESOLUTION NO. 050 -2025
A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVING $10,000,000.00 FOR CONSTRUCTION
FUNDING FROM THE MONROE COUNTY AFFORDABLE TOURISM
HOUSING PROGRAM UPON KEY WEST HOUSING AUTHORITY
RECEIVING A LOAN COMMITMENT FOR FUNDING FOR THE ENTIRE
PROJECT AND UPON RECEIPT OF BUILDING PERMITS FROM THE CITY
OF KEY WEST FOR 20 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 TRACT OF LAND LYING ON THE
ISLAND OF KEY WEST, MONROE COUNTY, FLORIDA AND BEING
KNOWN AS A PORTION OF LOT 5, LOTS 6 THROUGH 12, BLOCK 17,AND
LOTS 1 THROUGH 8,A PORTION OF LOTS 9 THROUGH 12,BLOCK 18 AND
LAND LYING NORTH OF SAID BLOCKS AND BEING MORE
PARTICULARLY DESCRIBED AS SHOWN IN EXHIBIT A WITH PARCEL ID#
00054250-000000 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
Page 1 of 3
3326
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
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 Housing Authority of the City of Key West (hereinafter KWHA) is
proposing to develop 54 new affordable housing units, known as the Poinciana Housing Project,
on land described in Exhibit A, in Key West at Poinciana Plaza (subject property); and
WHEREAS, the KWHA has plans to develop 54 affordable new housing units for income
eligible households whose income does not exceed 160 percent of the Area Median Income in
accordance with section 380.0666(3)(a), Florida Statues; and
WHEREAS, the KWHA desires to limit 20 of the 54 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 KWHA has applied to the Program for $10 million in construction
funding to facilitate the development; and
WHEREAS, KWHA has requested $10,000,000 be disbursed upon issuance of building
permits for the 20 units; and
WHEREAS, Section 380.0666(3)(a), Florida Statues, empowers County to utilize tourist
impact tax revenue in the KW fund toward the construction of affordable housing in Key West;
and
WHEREAS, the Board of County Commissioners considered this resolution at a meeting
held on January 15, 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.
Page 2 of 3
3327
Section I Monroe County hereby commits $10,000,000.00 in FY25 for construction,funding for
the Subject Property to KWHA.
Section 3. The County will disburse $10,000;000 upon receipt from KWHA and approval by the
County's Planning and Environmental Services Director, or her designee,the following:
1. a written loan commitment 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 Key West indicating permits are ready for issuance
for the 20 new units.
4. Proof of recorded LURA pursuant to section 4 below.
Section 4. Prior to disbursement of any portion of the $10,000,000, the KWHA 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 shown in Exhibit A 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 KWHA's funding.
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 15th day of January, 2025:
Mayor James K. Scholl; District 3 Yes
Mayor Pro Tem Michelle Lincoln, District 2 Yes
4' Commissioner Craig Cates,District 1 Yes
c.
a Commissioner David Rice,District.4 . Yes
j .
Commissioner Holly Merrill Raschein,District 5 : Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY;FLORIDA
BY
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R JAMES 9.NfCftd='�
"� AT BEST K IN MADOK,CLERK APPROVED AS TO FORM&LEGAL SUFFICIENCX
a ` ` r J } NOW a ounty Attornep's Office
CLERK Rthalia Mellies Archer
a. Assz taut County Attorney
Page 3 of 3
3328
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RESOLUTION NO. 544 -2024
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, ESTABLISHING THE MONROE
COUNTY AFFORDABLE TOURISM HOUSING PROGRAM FOR
PURPOSES OF FUNDING AFFORDABLE HOUSING DEVELOPMENT
PROJECTS WHICH PROVIDE AFFORDABLE HOUSING AVAILABLE
TO EMPLOYEES OF PRIVATE SECTOR TOURISM-RELATED
BUSINESSES IN THE COUNTY IN ACCORDANCE WITH CH. 24-219, §
4, LAWS OF FLA.; AND PROVIDING FOR AN EFFECTIVE DATE.
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; 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
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
Page 1 of 6
3330
affordable housing in accordance with the conditions as set forth in SB 1456"; and
WHEREAS, the BOCC wishes to adopt through resolution a policy 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.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1: RECITALS AND LEGISLATIVE INTENT. The foregoing recitals and
statements of legislative intent are true and correct and are hereby incorporated as if fully set forth
herein.
SECTION 2: PURPOSE AND INTENT. The Monroe County Affordable Tourism
Housing Program ("Program") is hereby established. The purpose and intent of the Program is to
facilitate the purchase, development, construction, and/or rehabilitation of affordable housing
projects which meet the Program guidelines and requirements as set forth in this Resolution,which
may be amended from time to time.
SECTION 3: DEFINITIONS.
(A) Affordable shall have the same meaning as § 420.0004, Florida Statutes.
(B) BOCC shall mean the Monroe County Board of County Commissioners.
(C) Land Use Restriction Agreement (L URA) shall mean a deed restriction restricting
the units purchased, developed or rehabilitated using funding from this Program
as affordable for a period of no less than 99 years.
(D) Private Sector Tourism-Related Businesses shall mean those businesses physically
located and operating within Monroe County, and who fall within one (1) or more
of the following 2022 North American Industry Classification System (NAILS)
Categories:
1. Sector 71. Arts, Entertainment, and Recreation.
2. Sector 72. Accommodation and Food Services.
3. Subsector 487 of Sector 48-49. Scenic and Sightseeing Transportation.
(E) Program shall mean the Monroe County Affordable Tourism Housing Program.
(F) Project(s) shall mean affordable residential housing consisting of one (1) or more
residential dwelling unit(s) and which meet the Program requirements.
(G) Qualified Employees shall mean employees of private sector tourism-related
businesses who meet the affordable income qualifications and who possess no
ownership interest in a residential property in Monroe County or the contiguous
counties of Miami-Dade and Collier counties.
(H) Surplus funds shall mean accumulated excess of revenue in an amount not to
exceed $35,000,000.00.
Page 2 of 6
3331
SECTION 4: PROGRAM GUIDELINES. The Program will provide financial
assistance for the purchase, construction, or redevelopment of affordable housing Projects subject
to the following guidelines:
(A)Types of Projects
1. The following types of projects will be considered for complete or partial
funding:
a. New construction of residential dwelling unit(s);
b. Rehabilitation of residential dwelling unit(s);
c. Purchase of existing parcel(s), developed or undeveloped;
d. Purchase of existing residential unit(s) or development(s); and/or
e. A mix of any of the above.
(B)Types of Residential Units.
1. Projects should include the following type(s) of housing units, in order of
preference:
a. studio/efficiency apartment(s);
b. 1 bedroom / 1 bathroom apartment(s);
c. 2+bedroom/bathroom apartment(s); and/or
d. Family type units with multiple bedroom/bathrooms.
2. Projects with multiple residential units may include a mix of these types of
residential units.
(C)Types of Qualified Employees
1. Projects should prioritize the following type(s) of Qualified Employees,
subject to affordability criteria, in order of preference:
a. Single employees;
b. Employees with dependents;
c. Entry-level employees; and/or
d. Managers.
(D)Additional Considerations.
1. Any and all Projects which involve one or more of the following will be
given greater weight in consideration:
a. Projects which propose partnerships with existing governmental
entities, i.e., Key West Housing Authority, Monroe County
Housing Authority, Monroe County Land Authority;
b. Projects which propose partnerships with existing non-profits that
have demonstrated the ability to develop affordable housing in
Monroe County, meaning who have developed at least ten (10)
affordable housing units over the past 5 years;
c. Scattered site(s) developments which utilize existing scarified
single-family lots that have no protected habitat;
d. Projects which propose allowing Monroe County to utilize the
rental income, after necessary deductions for administration,
building reserves, etc., for inclusion in a separate interest-bearing
Page 3 of 6
3332
account to be used in the future to provide additional affordable
housing within Monroe County.
2. The following types of Projects shall not be funded:
a. Projects which are already funded and required to provide
affordable housing; and/or
b. Projects required to be built pursuant to inclusionary housing
requirements and/or development approvals linked to a market-
rate and/or commercial project.
3. Projects which shall also be considered, in no order of preference:
a. Public-Private Partnerships (P3s); and/or
b. Purchase of existing residential dwelling developments with a
county lease back to original owner for management and lease
with required LURA restrictions on the subject property.
SECTION 5: REQUIREMENTS. Any and all Projects selected for funding by Monroe
County are subject to the following requirements:
(A)Application to Monroe County for funding;
(B)Encumbrance of funding for a specific Project is subject to approval of a majority
vote of the BOCC by separate Resolution;
(C)Prior to distribution of funds, recording of a LURA drafted and provided by the
Monroe County Attorney's Office;
(D)No amount of the funding in this program may be used to develop commercial
property;
(E) Only rental residential dwelling unit(s) shall be considered;
(F) Any other requirements in this Resolution, as may be amended from time to time;
and
(G)Any other requirements as may be outlined in the specific project funding
Resolution, as may be amended from time to time.
SECTION 6: COUNTY GUIDELINES.
(A)The County Administrator shall facilitate the Program and delegate responsibilities
of the Program to county staff as deemed necessary in his/her sole discretion,which
should include, but not necessarily be limited to, an application process and a
webpage. County Administrator may enlist third-party reviewers or administrators
for income and employment verification.
(B)Application package should include, at a minimum:
1. Detailed description of the project, including address/Parcel ID and
business plan, if applicable;
2. Included or potential building plans, if any;
3. Any current land restrictions;
4. Amount of funding requested and detailed documentation to support
request.
(C)Staff shall review and evaluate Project applicants and provide a written
recommendation to the BOCC for approval/disapproval of funding along with a
Page 4 of 6
3333
draft Resolution, if applicable. Staff may, in its discretion, seek additional
information from the applicant(s)prior to finalizing staff recommendations.
(D)When reviewing and evaluating Projects, staff should consider allocation of the
surplus funds by the percentage of total funding earned within the geographical
boundaries of the tax collection districts as defined in Monroe County Code of
Ordinances Chapter 23, Article VI.
(E)Funding shall only be issued after a project has received building permits and all
funding needed to complete the project has been approved as demonstrated by loan
commitments, to assure the project can be completed.
SECTION 7: TENANT ELIGIBILITY.
(A)Only Qualified Employees who meet the affordable income qualifications in §
420.0004, Florida Statutes, shall be eligible to apply for rental of any residential
dwelling unit(s)purchased and/or funded by this Program.
(B)Tenants will be required to submit proof of eligibility at the time of application and
again at the time of annual lease renewal.
(C)Only one full-time resident of the household needs to be, and remain, an employee
of a private sector tourism-related business for the household to qualify. All
members of the household must meet the affordable income limits, according to the
local government affordable housing regulations, which differ amongst local
governments in the county.
SECTION 8: TENANT LEASE TERMS. Any and all leases to tenant(s) for dwelling
unit(s)purchased and/or funded by this Program shall meet the following requirements:
(A)Shall be in writing;
(B)Shall reference the LURA;
(C)Any and all rental leases to tenant(s) shall be for a period of one (1)year.
(D)Lease may only be renewed subject to the BOCC's rules of the Program which
include, but are not limited to, tenant income and employment eligibility.
(E)Lease shall include an early termination provision in the event the qualified
applicant(s) is/are no longer eligible.
(F) Maximum monthly rental rates shall not exceed the applicable annual Monroe
County Maximum Monthly Rental Rates unless the rental residential dwelling
unit(s)is/are located within the physical geographical boundaries of the City of Key
West, Marathon, or Islamorada. In that case, the tenant shall be subject to the City
of applicable Cities' Maximum Monthly Rental Rates for the respective income
category.
SECTION 9: CONSTRUCTION AND INTERPRETATION. This Resolution, being
necessary for the health, safety, and welfare of the residents of and visitors to Monroe County,
shall be liberally construed to effect(uate) the public purpose(s) hereof. Interpretation of this
Resolution shall be construed in favor of the Monroe County Board of County Commissioners,
and such construction and interpretation shall be entitled to great weight in adversarial
administrative proceedings, at trial, in bankruptcy, and on appeal.
Page 5 of 6
3334
SECTION 10: NON-RELIANCE_BY NON-PARTIES AND NO THIRD-PARTY
RIGHTS OR BENEFICIARIES. Nothing contained herein shall create or be construed :or
interpreted to create any relationship,contractual or otherwise,with,or any rights in favor of, any
third party. No person or,entity shall be entitled to rely upon this Resolution or any provision
hereof to enforce or attempt to enforce any claim or entitlement to or benefit of any service or,
program contemplated hereunder.
SECTION.11: SECTION HEADINGS. Section headings have been inserted into this
Resolution as a matter of convenience for reference only,and shall not be used in the interpretation
or construction of this Resolution or any part thereof.
SECTION 12: NO LIABILITYY. Monroe County expressly reserves and in no way shall
be deemed to have waived,for itself or for its officer(s), employee(s), or agent(s), any sovereign,
governmental, and other similar defense, immunity; exemption, or protection against any suit,
cause-of-action, demand, or liability.
SECTION 13 SEVERABILITY. If any provision of this Resolution, or any part or
portion thereof, is held to be invalid or unenforceable by.any administrative hearing officer or
court of competent jurisdiction,the invalidity or unenforceability of such provision, or any part or
portion thereof, shall neither limit or impair the operation, enforceability;or validity of any other
provision of this Resolution,or any remaining part(s)or portion(s)thereof All other provisions of
this Resolution and remaining part(s)or portion(s)thereof,shall continue unimpaired in full force
and effect.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
=at a regular meeting of said board on the 1 l th day of December 2024.
Mayor James K. Scholl Yes
Mayor Pro Tern Michelle Lincoln Yes
Commissioner Craig Cates Yes
Commissioner David Rice Yes _ .s
Commissioner Holly Merrill Raschein Yes
(SEAL) '
BOARD OF COUNTY COMMISSIONERS'
g 11�TTES1EVIN MADOK,CLERK OF MONROE COUNTY,FLORIDA
B
y:
DE UTY CLERK AYOR/CHAIRPERSON
APPROVED AS TO FORM&LEGAL SUFFICIENCY
Monr a ounty Attorney's Office
thalia Melues'Archei
Ass tant County Attorney
Page 6 of 6
3335
Exhibit"A"
A Tract of lAnd, lying on the Island, of Key WCIM, MOIRMW, COAM, ty, FIOTida od, twiqg
I
ko"lown as aportion of Lot 5, Lots 6 through 12, Bl(m;,A '17, wid, I(its I f1w. imagh 8, a pol'tiott
of TxAs 9 through 12, Block, I 8� d land, lying 'N(mAh cd"suW Blocks 17 and 18 w 4 king,
m,orc parlIc4larly dicwribcd as follows;
COMMENCE m the inte", wtion of the Northerly Ri4it-ofLWay j,;jrw- ,ofT)kj A* Avenue
alud the exte'nsion of that EAMAMY Rigbt of,Way Line of 16"" Stre'et, sW4 paint al�w being,
dhe 1,;o�,,uthwest ux)i of 1.,ot 12, Block, 19, of the "",KEY WEST FOUNDATION
COMPANY'S PlIkat '; thca,cc, N7W,56'00"' ,E and, along the saId Ncmhorly ki
Way Unt of'Duck Avimi uc a,,distanicc o IF 6601,N) fwt to.) the ISouffilwilest comer of said
'I 2, 131lock 'I 8�; T11 E"NICT-N 19004,Ww W, and along,Westerly line of'said Loit 12, Block
I X, a distance of 135,01 Rct; THENCE S, 7,001156"0 0" 'W, distance of 116-99 feel to the
POW Y OF 'BEGINNING, THENC.E
15 :S 70111156 ate 10' W a diAanco of 931 fect,
THENCE N 191,04'OV" W, a &smilioe of 12938 I`eet, THEN,,(.,E S 86`0,S'4r* W', a
distanireof29.11 ket, TRENCEN 19431T1,W`W, adi e ot`344.10 feet; THENCE N
72"4735a" E. a distant cof' 188,89 fect; THENCE N 4(Y",5111(r E, AdIstaniccof'208.64,
fcc(; TRENCF.�, N, 6,510,13 4 55" El, a disiance 4.-1f '105,78 ket., 1`HEN,(`,E N 171137'07" WI a
dislance of 57.73 RXIA, "THEN CEN7011561311111 L, and along the Northerly 'Bo and ary of
Poinciana 110"ing a diStancic of'92597 fcct to thc Wownfly Ri&,vof-Way Liale of 19"1"
Stteel; "IMENCE S 190,04*WT" E, and -almlgthe said 01111,
191ithe Strect, a diitanco of,53199., fccim" THENCE, S, 7,01156"W" W, a dista�nce of 172,,38
teet:; IWENCE 5 181144'29"' f-,,, a distatwe o I",74�73 fiNAT THVW(T, S 3,7115-1'0" W, a
,distance of' 78.40 '&Vul THENCE S 1,R004"00" 'El, a distance of E,31.14 fit to the
Nordiefly.Right-of-Wa,' Line THENCE S 7()P56'00" W, and,along,the
'Y
said Northicrty, Right-of-Way Line or ock Av tu , a lize of`'1(01,98 fWt; THENCE
N 19"(W00"„W,wd 441111 thl Wmtwlyl ine of Lot 12, Blt)ok 18 a distance of 9,8.16
, T'N p
fW.; T HE N 70,0 ic 56`019' E, a distanc of 15538" feu T'"WC' � N 1,9"'04'(XYq W, it
d,I s tance oft 8 4a feet,; T RE N C,E N 8,7 2 Q'47" W, m 41i st an ca of"'114.0 fiect; TRE N
02'39"13"' W, a dilstm,ice of 6j,82 feett 7,111ENCE N 8 732014)11 W, a distance,of 3,6-33 ji:,Ct
to a poi,n,t on,, a curve to t,he I;eft, hying, a radlus of 19,M feet, a centraff an.0, le of
09218", a i bearing of' S 40,614'27 W and a AM liength of 2.5,70 f6a;
THENCE almig,the, are of said i an arc, 1,eng1h of'27-94 ke, lo a,point on a cunive to
the left, havimg., a radii usof' E 5 5.85 ft-et,, a m tral w1glie t',4 1 51,52"2 1", a chord bearing of
11)I149'11(111m F,,,m,(l tt (Axprit'i lonob (pif 43.04 fm, THENCE along the arc(4mid uun,c. an
arc ten., Q4" Janix Oil g1h of 43.1�S fiael, to, lbe, end of'saild curyll "I"RENCE $ 19,1'1,8' 10,0 idis f
41 v 1,9 fm to the-MINT OF BEGJNNI,,NG,.
PaTw,cl cantains 9, 41,3 1 6 squ,are f6etor 21,61 acres, more or]cs,-,;.
3336
Exhibit"B"
THIS INSTRUMENT PREPARED
BY AND RETURN TO:
County Attorney's Office
1111 12`"Street,Ste.408
LAND USE RESTRICTION AGREEMENT
POINCIANA APARTMENTS
1671 DUNLAP DRIVE KEY WEST, FLORIDA
PARCEL ID NUMBER 000542250-000000
THIS LAND USE RESTRICTION AGREEMENT (hereinafter "Agreement") is made
and entered into as of the day of , 2025, between the HOUSING
AUTHORITY OF THE CITY OF KEY WEST (hereinafter"Grantor") and MONROE COUNTY,
FLORIDA (hereinafter "County"), and their respective successors and assigns.
RECITALS
A. This Agreement pertains to a portion of real property located in Key West, Florida
bearing Parcel Identification Number 00054250-000000, identified as "Building Two" and
including 20 units, as more particularly described in Exhibit"A' attached hereto and incorporated
herein (the "Property").
B. In accordance with Monroe County Resolution No. 050-2025,the County approved
financing in the amount of Ten Million and 00/100 Dollars ($10,000,000.00) for the purpose of
development of affordable housing on the Property.
C. As a condition of extending financing to Grantor for development of affordable
housing on the Property, Grantor has agreed the subject Property shall comply with the affordable
housing requirements specified herein.
NOW, THEREFORE, in consideration of the mutual covenants and undertakings set
forth herein, and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the County and Grantor do hereby contract and agree as follows:
ARTICLE I
COMPLIANCE WITH THE MONROE COUNTY AFFORDABLE TOURISM HOUSING
PROGRAM REQUIREMENTS
In order to comply with the County's requirements pursuant to Monroe County Resolution
544-2024, Grantor hereby covenants and agrees as follows:
Page 1 of 6
3337
Exhibit"B"
1.01 The restrictions contained in this Land Use Restriction Agreement (LURA) shall not
expire, shall run with the Subject Property and shall be binding upon the Grantor, its
successors or assigns for a period of not less than ninety-nine (99) years.
1.02 Use of the Subject Property shall be restricted to the provision of affordable housing for
households whose income does not exceed the affordable income limitations of s.
420.0004, Florida Statutes.. Nothing herein shall preclude the Grantor or any other entity
providing affordable housing on the Subject Property from setting more restrictive income
limits than those imposed by this Agreement. If Florida Statutes setting income limitations
for affordable housing are amended from time to time, Grantor shall have the ability to
utilize any portions of the Statute thereby amended, which may be less restrictive.
1.03 Use of the Subject Property shall be further restricted to qualified employees of Private
Sector Tourism-Related Businesses who meet the affordable income qualifications in this
LURA and who possess no ownership interest in a residential property in Monroe County
or the contiguous counties of Miami-Dade and Collier counties.
1.04 Private Sector Tourism-Related Businesses shall mean Private Sector Tourism-Related
Businesses shall mean those businesses physically located and operating within Monroe
County, and who fall within one (1) or more of the following 2022 North American
Industry Classification System (NAILS) Categories:
1. Sector 71. Arts, Entertainment, and Recreation.
2. Sector 72. Accommodation and Food Services.
3. Subsector 487 of Sector 48-49. Scenic and Sightseeing Transportation.
1.05 Grantor is responsible for ensuring compliance with the restrictions in this LURA and
expressly agrees to furnish, upon the County's request, written certification thereof.
ARTICLE II
CONSIDERATION
In addition to other purposes, the County has provided funding for the purchase of the
Subject Property as an inducement to the Grantor to restrict use of the Subject Property to
affordable housing for the term specified in Article I. In consideration of said County funding for
the foregoing purposes, the Grantor and the County have entered into this Agreement.
ARTICLE III
RELIANCE
In performing its duties hereunder, the County may rely upon statements and certificates
of the Grantor, its tenants, and the residents of the Subject Property believed to be genuine and to
have been executed by the proper person or persons, and upon audits of the books and records of
the Grantor pertaining to occupancy of the Subject Property.
Page 2 of 6
3338
Exhibit"B"
ARTICLE IV
TERM
This Agreement shall become effective upon its execution and delivery and shall remain
in full force and effect without expiration,unless modified by mutual written consent of the parties.
ARTICLE V
ENFORCEMENT
If the Grantor defaults in the performance of its obligations under this Agreement or
breaches any material covenant, agreement or warranty of the Grantor set forth in this Agreement,
and if such default remains uncured for a period of thirty (30) days after written notice thereof
shall have been given by the County to the Grantor, then the County or its designee may take any
action at law or in equity or otherwise to address said default(s). However, if the default stated in
such notice can be corrected, but not within the thirty (30) day period, and if the Grantor adopts a
plan to correct or cure the default and commences the correction within the thirty(30) day period
(subject to any rights of tenants in possession of units under a valid lease agreement),and thereafter
diligently pursues the same to completion within such extended period, the County shall not have
waived its right of enforcement if the default remains uncured after the expiration of the extended
cure period.
ARTICLE VI
RECORDING AND FILING; COVENANTS TO RUN WITH THE LAND
6.01. Upon execution the Grantor shall cause this Agreement and all amendments and
supplements hereto to be recorded and filed in the official public records of Monroe County and
shall pay all fees and charges incurred in connection therewith.
6.02 This Agreement and the covenants contained herein shall run with the land and
shall bind, and the benefits shalt inure to, respectively, the Grantor and the County and their
respective successors and assigns during the term of this Agreement.
ARTICLE VII
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida, with respect to both substantive rights and with respect to procedures and
remedies.
ARTICLE VIII
NOTICE AND EFFECT
All notices and other communications to be made or permitted to be made hereunder shall
be in writing and shall be delivered to the addresses shown below or to such other addresses that
the parties may provide to one another in accordance herewith. Such notices and other
communications shall be given by any of the following means: (a)personal service or(b)national
Page 3 of 6
3339
Exhibit"B"
express air courier, provided such courier maintains written verification of actual delivery. Any
notice or other communication given by the means described in subsection (a) or (b) above shall
be deemed effective upon the date of receipt or the date of refusal to accept delivery by the party
to whom such notice or other communication has been sent.
Grantor: Housing Authority of the City of Key West
1400 Kennedy Drive
Key West, FL 33040
Attention: Executive Director
Monroe County: Monroe County
1100 Simonton Street
Key West, Florida 33040
Attention: County Administrator
Monroe County Office of County Attorney
1111 121h Street, Suite 408
Key West, Florida 33040
Attention: County Attorney
Any party may change said address by giving the other parties hereto notice of such change
of address in accordance with the foregoing provisions.
ARTICLE IX
MISCELLANEOUS
9.01. If any provision of this Agreement shall be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining portions shall not in any way be affected or
impaired.
9.02. This Agreement may be simultaneously executed in multiple counterparts, all of
which shall constitute one and the same instrument and each of which shall be deemed to be an
original.
Page 4 of 6
3340
Exhibit"B"
COUNTERPART SIGNATURE PAGE TO
LAND USE RESTRICTION AGREEMENT
1671 DUNLAP DRIVE, KEY WEST, FLORIDA
PARCEL ID NUMBER 000542250-000000
IN WITNESS WHEREOF, the County and the Grantor have caused this Agreement to
be signed, sealed and attested on their behalf by duly authorized representatives, all as of the date
first set forth above.
WITNESSES: MONROE COUNTY, FLORIDA
Print:
Address:
By:
Mayor James K. Scholl
Print:
Address:
Address: 1100 Simonton Street
Key West, FL 33045
Approved as to form and legality
[SEAL]
Esq.
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me by means of physical presence this
day of , 20_ by James K. Scholl, as Mayor of MONROE COUNTY,
Florida. Said person is personally known to me or has produced a valid driver's license as
identification.
Notary Public; State of Florida
Print Name:
My Commission Expires:
My Commission No.:
Page 5 of 6
3341
Exhibit"B"
COUNTERPART SIGNATURE PAGE TO
LAND USE RESTRICTION AGREEMENT
1671 DUNLAP DRIVE, KEY WEST, FLORIDA
PARCEL ID NUMBER 000542250-000000
IN WITNESS WHEREOF, the County and Grantor have caused this Agreement to be
signed, sealed and attested on their behalf by duly authorized representatives, all as of the date first
set forth above.
WITNESSES: HOUSING AUTHORITY OF
CITY OF KEY WEST, FLORIDA
Print:
Address:
By:
John Parks, Chairman
Print:
Address:
Address: 1400 Kennedy Drive
Key West, FL 33040
Approved as to form and legality [SEAL]
Jennifer G. Sanchez, Esq.
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me by means of physical presence
this day of , 20_, by John Parks, as Chairman of the HOUSING
AUTHORITY OF CITY OF KEY WEST, a public body corporate and politic duly created and
existing under the State of Florida, on behalf of the Housing Authority. Said person is personally
known to me or has produced a valid driver's license as identification.
Notary Public; State of Florida
Print Name:
My Commission Expires:
My Commission No.:
Page 6 of 6
3342