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06/16/2004 AgreementDANNY L. KOLHA GE CLERK OF THE CIRCUIT COURT DATE: June 22, 2004 TO: Timothy McGarry, Director Growth Management Division ATTN. • Mayra Tezanos Executive Assistant FROM. • Pamela G. Hanco,� Deputy Clerk �� At the June 16, 2004, Board of County Commissioner's meeting the Board granted approval and authorized execution of an Affordable ROGO Unit Transfer Interlocal Agreement between Monroe County and the City of Key West to transfer 18 affordable ROGO allocations from Key West to the Maloney Avenue Affordable Housing Project in unincorporated Stock Island. Enclosed is a certified copy of the above -mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Administrator w/o document County Attorney Finance File Affordable ROGO Unit Transfer RECE D AFFORDABLE ROGO UNIT TRANSFER MAY 13 2004 INTERLOCAL AGREEMENT CITY OF KEY WEST This Agreement is made and entered into by MONROE COUNTY; a ?&Ftical subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040, (-COUNTY-), and the City of Key West, a municipal corporation of the State of Florida, whose address is 525 Angela Street, Key West, Florida 33040 (the "CITY). WHEREAS, the COUNTY, and the CITY of Key West, have a significant shortage of affordable housing; and WHEREAS, a significant portion of Key West's workforce, which requires affordable housing, lives in areas of the County adjoining the City of Key West; and WHEREAS, the City of Key West benefits from affordable housing whether located in the City or in areas near the County; and WHEREAS, Stock Island is served by the City of Key West Department of Transportation bus service; and WHEREAS, the COUNTY is currently processing a major conditional use application for an affordable housing development proposed on Stock Island KNOWN AS Maloney Avenue Affordable Housing Project and more particularly described in the proposed Site Plan attached as Exhibit "A" hereto; and WHEREAS, the COUNTY does not have sufficient available affordable housing ROGO units to allocate to the proposed development upon approval; and WHEREAS, Florida Statutes, Section 163.01(2) Florida Interlocal Cooperation Act of 1969, states "It is the purpose of this section to permit local governmental units to make the most 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 both the CITY and COUNTY expressly identify interlocal agreements as a means of resolving issues mutually affecting both jurisdictions; and WHEREAS, CITY and COUNTY have determined that this agreement is in the best interests of the public; and WHEREAS, the parties desire to enter into an interlocal agreement to allow the transfer of 18 affordable Rate of Growth (ROGO) units out of the City of Key West and into the County of Monroe for assignment to the property described in Exhibit "A". 1. TRANSFER. CITY and COUNTY agree to permit the transfer of 18 privately held affordable transferable exemptions from the City of Key West's building permit Affordable ROGO Unit Transfer allocation system to the COUNTY and to be assigned solely to the 18 unit affordable housing development on a parcel of land described by Exhibit "A", subject to approval of an affordable housing development project on that site. 2. TERM. A. Subject to and upon the terms and conditions set forth herein, this Agreement shall continue in force until August 1, 2005. B. Renewal of this Agreement after the expiration of the term described herein shall require the approval of both CITY and COUNTY. 3. USE AND CONDITIONS. A. Conditional use approval for the 18 unit affordable housing development shall be granted to the project by the COUNTY by August 1, 2005. B. The project shall be developed under the provisions of the Monroe County Code, including but not limited to applicable land development regulations and affordable housing criteria. C. The continued affordability of the development shall be pursuant to Monroe County Code in effect at the time of site plan approval as may be amended. 4. TERMINATION. If the COUNTY'S conditional use approval is not granted by August 1, 2005, and this Agreement is not extended, the 18 affordable housing unit allocations shall be returned to their owner in the City of Key West, to be used there for affordable housing only, provided building permits are obtained by August 1, 2006, unless extended by the City of Key West. 5. SUBORDINATION. This Agreement is subordinate to the laws and regulations of the United States, the State of Florida, and the COUNTY, whether in effect on commencement of this Agreement or adopted after that date. 6. INCONSISTENCY. If any item, condition or obligation of this Agreement is in conflict with other items in this Agreement, the inconsistencies shall be construed so as to give meaning to those terms which limit the County's responsibility and liability. 7. GOVERNING LAWS/VENUE. This Agreement is governed by the laws of the State of Florida and the United States. Venue for any dispute arising under this Agreement must be in Monroe County, Florida. In the event of any litigation, the prevailing party is entitled to a reasonable attorney's fee and costs. 8. NOTICES. Notices in this Agreement, unless otherwise specified, must be sent by certified mail to the following: COUNTY: County Administrator 1100 Simonton Street Key West, FL 33040 CITY City Manager 525 Angela Street Key West, FL 33040 la Affordable ROGO Unit Transfer 9. FULL UNDERSTANDING. This Agreement is the parties' final mutual understanding. It replaces any earlier agreements or understandings, whether written or oral. This Agreement cannot be modified or replaced except by another written and signed agreement. 10. EFFECTIVE DATE. This Agreement will take effect on June 16, 2004 IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA By''44�1� By: [G�� eputy Clerk Mayor/Chairmaourray Nelson 0 W D: C LL. O W J n COLTy ATTORNEY PPRO I. JON R. COLLINS Ne Date O Y 3 � a � � N C-n cc 00 r z C-n CD 00 r O z E O cn z n RESOLUTION NO. 04-211 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF KEY NEST, FLORIDA, APPROVING THE ATTACHED INTERLOCAL AGREEMENT BETWEEN THE CITY AND MONROE COUNTY FOR THE TRANSFER OF EIGHTEEN AFFORDABLE HOUSING UNITS TO A PROJECT ON STOCK ISLAND; PROVIDING FOR AN EFFECTIVE DATE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF KEY WEST, FLORIDA, AS FOLLOWS: Section 1: That the attached Interlocal Agreement is hereby approved. Section 2: That this Resolution shall go into effect immediately upon its passage and adoption and authentication by the signature of the presiding officer and the Clerk of the Commission. Passed and adopted by the City Commission at a meeting held this 2 day of June , 2004. Authenticated by the presiding officer and Clerk of the Commission on June 3 , 2 Filed with the Clerk June 3 2004. //JIMMY W MAYOR A S (/ CHERYL SMITHO CITY CLERK Cheryl Smith THE CITY OF KEY WEST City Clerk P.O. BOX 1409 KEY WEST, FLORIDA 33041-1409 www.keywestcity.com June 3, 2004 Danny L. Kolhage, Clerk Monroe County Clerk of the Court 500 Whitehead Street Key West, Florida 33040 Dear Mr. Kolhage: 525 Angela Street (305) 292-8193 Fax (305) 292-8133 Enclosed is a copy of Resolution No. 04-211 Approving the Interlocal Agreement between the City and Monroe County for the transfer of eighteen affordable housing units to a project on Stock Island. Along with the Resolution I have enclosed the original Interlocal Agreement that passed at a regular Key West City Commission meeting on June 2, 2004. The attached Interlocal Agreement needs final signatures from Mayor Murray Nelson and attested by you. Please return, at your earliest convenience, the final executed Interlocal Agreement back to my office so that it can be attached with the Resolution. Thanking you in advance. Sincerely, (914 Cheryl Smith, CMC City Clerk Enclosure CS/vp Res. 04-211 Danny L. Kolhage RECEIVED JUN 18 2004 MONROE COUNTY ATTORNEY Key to the Caribbean - Average yearly temperature 77' F.