HomeMy WebLinkAbout11/12/2025 Agreement INTERLOCAL AGREEMENT BETWEEN MONROE COUNTY
AND THE CITY OF MARATHON
TRANSFERRING AFFORDABLE WORKFORCE HOUSING EARLY EVACUATION
ROGO ALLOCATIONS
This Agreement ("Agreement") is made and entered into this 12th day of November
2025, by and between Monroe County, a political subdivision of the State of Florida, whose
address is 1100 Simonton Street, Key West, Florida 33040 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, on August 20, 2025, the Monroe County Board of County Commissioners
("Monroe County", "Board", "BOCC", or the "County") adopted BOCC Ordinance Nos. 018-
2025 and 019-2025, amending the Monroe County Comprehensive Plan's Future Land Use and
Housing Elements and the Monroe County Land Development Code to allow award of workforce
early evacuation unit ROGO allocations without the 1-for-1 exchange requirements and to allow
affordable workforce early evacuation unit building permit allocations to be transferred to another
government jurisdiction for County-initiated affordable housing projects within incorporated
municipalities, as approved 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
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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
WHEREAS, the Monroe County Board of County Commissioners currently owns the
property described below("Subject Property"):
Parcel ID No. 00339920-000000; Alt. Key No. 1417530
490 63rd Street
Marathon, FL 33050
LOTS 1, 2, 3 and 4, BLOCK B, SHERYL SUBDIVISION NO. 2, a
subdivision according to the Flat thereof as recorded in
Flat. Book 41 Page 43, of the public Records of Monroe
+County, Florida, together with any and all improvements
thereon.
Also described as:
A parcel of land located in SHERYL SUBDIVISION NO. 2+
according to the Flat thereof as recorded in Flat Book 41
Fag0 43, of the public Records, of Monroe County, Florida.
Said property being more particularly described as follows
COMMENCING at the N. Wo Corner of Lot 1., Block B, SHERYL
SUBDIVISION NO. 2, according to the Plat thereof as recorded
in Plat Book 4, Page 43, of the public Records of Monroe
County, Florida, said point also being known as the POINT" OF
BEGINNING; from
POINT
FBlSbdnand
pep � ulartoRonald Road of said uivision for
a
distance
of 99 .44 feet to a point; thence at right angles,
South and parallel with said Ronald Road, run a distance of
334. 15 feet to a point; thence hear West and at right angles
to the preceding course for a distances of 99.44 feet to a
point also being the Southwesterly corner of Lot 4, Block B,
SHERYL SUBDIV''ISION NO. 2; thence at right angles and bearing
North along the Easterly right-of-way line of Ronald Road,
run a distance of 334. 15 feet, back to the POINT OF
BEGINNING.
WHEREAS, on May 21, 2025, at their regular meeting, the BOCC adopted Resolution
No. 190-2025, approving $8,550,000.00 from the Monroe County Affordable Tourism Housing
Program for the demolition of existing building(s) and development of up to nineteen (19) new
affordable workforce housing units by the Monroe County Housing Authority ("MCHA") on the
Subject Property, which will be designated for employees of private sector tourism-related
businesses in accordance with Monroe County Resolution No. 544-2024; and
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WHEREAS, on August 20, 2025, at their regular meeting, the BOCC adopted Resolution
286-2025, approving the reservation of nineteen (19) affordable workforce early evacuation unit
ROGO allocations for development by the MCHA on the Subject Property; and
WHEREAS, the County hereby agrees to transfer to the City nineteen (19) affordable
housing allocations to allow Marathon to issue permits to the County and/or MCHA to develop
the Subject Property with up to nineteen (19) affordable workforce housing units designated for
employees of private sector tourism-related businesses in accordance with Monroe County
Resolution No. 544-2024; and
WHEREAS, the parties have determined that this Agreement is in the best interests of the
public.
NOW, THEREFORE, the parties hereto agree as follows:
Section 1. RECITALS: The foregoing recitals, findings of fact, and conclusions of
law are hereby incorporated as if fully stated herein.
Section 2. TRANSFER: The parties agree to permit the transfer of up to nineteen(19)
affordable workforce early evacuation unit ROGO allocations from the County to the City of
Marathon, and subject to the conditions contained herein, including but not limited to:
a. The filing of a 99-year Affordable Housing Deed Restriction on all of the
nineteen (19) affordable housing units pursuant to this Agreement and the applicable
requirements of the Code of Ordinances of the City of Marathon for affordable housing
development,and the applicable provisions of the Monroe County Comprehensive Plan for
affordable workforce housing early evacuation units.
b. Upon written County notification of discontinuance of plans to develop the
property with affordable workforce housing early evacuation units, the allocations shall
automatically be returned to the County and this Agreement shall accordingly become null
and void.
Section 3. ASSIGNMENT: Monroe County has assigned its right to issue building
permits utilizing the nineteen(19)affordable workforce housing early evacuation units to the City,
and the associated building permits are to be issued by the City, subject to the Code of Ordinances
of the City of Marathon for affordable housing development. The nineteen (19) affordable
workforce housing early evacuation unit allocations are to be used specifically by the County
and/or MCHA for development at the Subject Property.
Section 4. 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 MCHA or discontinued
by the County as stated in Section 2.
Section 5. NOTIFICATION:
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A. All notices and other communications hereunder by the City of Marathon must be in
writing and shall be provided by certified U. S. Postal Service Certified mail to Monroe
County in the following form and address, or to any other address which either party
may designate to the other by mail:
Christine Hurley, Monroe County Administrator
Monroe County Historic Gato Building
1100 Simonton Street
Key West, FL 33040
Planning & Environmental Resources Department
Attn: Senior Director
2978 Overseas Highway
Marathon, FL 33050
Monroe County Attorney Robert B. Shillinger, Jr., Esquire
Monroe County Attorney's Office
1111 12`h Street, Suite 408
Key West, FL 33040
B. All notices and other communications hereunder by the County must be in writing and
shall be provided in the following form and address, or to any other address which
either party may designate to the other party by mail:
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
Randy Sterling
Executive Director
Monroe County Housing Authority
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1400 Kennedy Drive
Key West, FL 33040
Any notice under this Agreement 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 6. 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 7. 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 party, 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,
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 8. 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 9. 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
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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 party shall have the right to terminate this Agreement
without liability and, at its discretion, to offset from monies owed, or otherwise recover the frill
amount of such fee, commission, percentage, gift, or consideration.
Section 10. 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 11. 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 12. PUBLIC ACCESS TO RECORDS: The parties must comply with all
Florida public records laws, including but not limited to Chapter 119,Florida Statutes,and Section
24, Article I, of the Florida Constitution; the parties shall keep and maintain, and allow and permit
members of the public reasonable access to, and inspection of, all documents, papers, letters, or
other "public record" materials in its possession or under its control subject to the provisions of
said statutory and constitutional provisions and made or received by the parties in conjunction with
this Agreement. The parties are likewise required to ensure that public records that are exempt or
confidential and exempt from public records disclosure requirements are not disclosed except as
authorized by law.
IF THE CITY HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119 FLORIDA STATUTES TO THE CITTS DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS
AGREEMENT CONTACT THE CUSTODIAN OF PUBLIC
RECORDS GAELAN JONES AT PHONE# 305-292-3470 JONES-
GAELAN MONROECOUNTY-FL.GOV MONROE COUNTY
ATTORNEY'S OFFICE 1111 12TH Street SUITE 408 KEY WEST
FL 33040.
Section 13. 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-party 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
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 14. 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
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shall be liable personally on this.Agreement or be subject to any personal liability or accountability
by reason of the execution of this Agreement:
Section 15. ENTIRE AGREEMENT/MODIFICATIONIAMENDMENT: 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 party 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 art 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
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 upon effectiveness
of Monroe County.Ordinance No.018-2025 and Monroe County Ordinance No. 019-2025.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its
Arly authorized representative.
BOARD OF COUNTY,COMMISSIONERS
OF MONROE COUNTY;FLORIDA
` 1 TET VIN MADOK,CLERK "
v
1/t
_ h .1 k �i �. , 1P 17y. Y.:W..� Tr. c
Ash eputy Clerk � Soto h Mayor Michelle Lincoln
MDNHDE OOUNtY-AMANEY
.:... A VEDSk,:TOFORM
Date: Data
- ' APPROVED AS TO FORM AND
T+ LEGAL SUFFICIENCY
µ - By.
NEST_ THE CITY OF MARATHON,FLORIDA
f
:- B
Y•
DIANE CLAVIER Mayor Lynn"Landry i Date
City Clerk
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(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
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fl1
one'„ vryss''
2 RESOLUTION NO. 503 -2025
3
4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
5 COMMISSIONERS APPROVING THE ATTACHED INTERLOCAL
6 AGREEMENT BETWEEN MONROE COUNTY AND THE CITY OF
7 MARATHON TO TRANSFER UP TO NINETEEN (19) AFFORDABLE
8 WORKFORCE HOUSING EARLY EVACUATION ROGO
9 ALLOCATIONS FROM THE COUNTY TO THE CITY, TO ALLOW
10 THE CITY TO ISSUE PERMITS FOR USE SPECIFICALLY BY THE
11 COUNTY AND/OR MONROE COUNTY HOUSING AUTHORITY FOR
12 DEVELOPMENT AT PROPERTY OWNED BY MONROE COUNTY
13 LOCATED AT 490 63P-D STREET, MARATHON, FLORIDA,
14 CURRENTLY HAVING PARCEL IDENTIFICATION NO. 00339920-
15 000000.
16
17 WHEREAS,the Board of County Commissioners ("BOCC", "Board", "Monroe County", or
18 the "County") is the legislative body of Monroe County, Florida; and
19
20 WHEREAS,the Florida Keys must manage growth cognizant of the quadruple issues of new
21 housing stock naturally constrained by limited development potential due to the Florida Keys island
22 chain's geographic features and resulting expensive and finite dry land, a local economy with a
23 prevalence of lower paying tourism jobs,and the need to safely evacuate the Florida Keys in the event
24 of hurricanes and to protect the island chain's fragile environmental and natural resources; and
25
26 WHEREAS, the Board desires to enter into the attached interlocal agreement between
27 Monroe County and the City of Marathon to transfer up to nineteen(19)affordable workforce housing
28 early evacuation Rate of Growth Ordinance building permit allocations ("ROGOs") from the County
29 to the City,to allow the City to issue permits for use specifically by the County and/or Monroe County
30 Housing Authority for development at property owned by Monroe County located at 490 63rd Street,
31 Marathon, Florida, currently having Parcel ID No. 00339920-000000; and
32
33 WHEREAS,this approval of the attached interlocal agreement,by the Monroe County Board
34 of County Commissioners,is hereby expressly made on the basis of and pursuant to Fla. Stat. § 163.01
35 and Monroe County Year 2030 Comprehensive Plan Policy 101.3.10;
36
37 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
38 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
39
40 Section 1. Recitals and Legislative Intent. The foregoing recitals, findings of fact, and
41 conclusions of law are true and correct and are hereby incorporated as if fully
42 set forth herein, and constitute the legislative findings and intent of the Board
43 of County Commissioners of Monroe County, Florida.
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l Section.2. Monroe County hereby approves the attached Interlocal Agreement
2 ("Agreement"or"ILA"); as set forth at Section 19.of the Agreement,this ILA
3 shall take effect upon effectiveness of Monroe County Ordinance No. 018-
4 2025 and Monroe County Ordinance No. 019-2025.
5
6 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
7 Florida,at a regular public meeting of the Board held on the 121h day of November, 2025.
8 _ _
9 Mayor Michelle Lincoln, District 2 Yes
10 Mayor Pro Tem David Rice,District 4 Absent
11 Commissioner Craig Cates, District 1 Yes
12 Commissioner James K. Scholl, District 3 Yes
13 CommissionerHolly Merrily Raschein;District 5 Yes
14
15 BOARD OF COUNTY COMMISSIONERS OF MONROE
16 COUNTY,FLORIDA
17
By:
At 4 � Mayor/Chair
fZd MONROE Ct7 AT3C7RtJ Y
1 a s i APP . TO FARM
2� 1,T IES IN MADOK, CLERK ` `` �--
23, ---
24# � - PErPH MORRiS
ASSISTANT COUNTY ATTORNEY
25 A DEPUTY CLERK Oats 10/28/25,
�a
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