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07/19/2006 Agreement DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: July 25, 2006 TO: Suzanne Hutton County Attorney ATTN: FROM: Kathy Peters Executive Assistant Pamela G. HancoAZJtv Deputy Clerk CY At the July 19, 2006, Board of County Commissioner's meeting the Board granted approval and authorized execution of the following: Agrl~ement between Monroe County and Gray/Robinson, P A to provide legal services to the County for the appeal of the Neumont v. Monroe County, et al. Enclosed are two copies for your handling. Agreement between Monroe County, the Department of Community Affairs and Overseas Redevelopment Company LLC, proposed under Section 380, Florida Statutes, for the purchase of land located on Stock Island by Monroe County from Overseas Redevelopment Company LLC at the request of the Florida Department of Community Affairs. Enclosed are four duplicate originals, executed on behalf of Monroe County, for your handling. Please be sure to return the fully executed "Monroe County Clerk's Office Original" and the ''Monroe County Finance Department's Original" as soon as possible. Should you have any questions please do not hesitate to contact this office. cc: Finance w/o purchase ofland document File.! P1'~'W3~ tC~ ~Cl8ltsOirf&bd AGREEMENT Pursuant to Section 380.032(3), Florida Statutes THIS SECTION 380.032 AGREEMENT is entered into between the Department of Community Affairs, an agency of the State of Florida (hereinafter referred to as "DCA" or Department"), Overseas Redevelopment Company, LLC (hereinafter referred to as "ORC"), and Momoe County, a political subdivision of the State of Florida (hereinafter referred to as "County"), pursuant to the terms and conditions herein and 9 380.032(3), Florida Statutes. WHEREAS, Monroe County, Florida includes within its boundaries all of the Florida Keys and is known as an Area of Critical State Concern, as designated under Sections 380.05, Florida Statutes, and Chapter 28-36, F.A.C.; and WHEREAS, the DCA is the state land planning agency having the power and duty to t:xercise general supervision of the administration and enforcement of Chapter 380, Florida Statutes, the Environmental Land and Water Management Act (the "Act"), which includes provisions relating to areas of critical state concern; and WHEREAS, DCA is authorized by 9 380.032(3), Florida Statutes, to enter into an agreement with any landowner, developer or other governmental agency as may be necessary to effectuate the provisions and purposes of the Act, or any related rule; and WHEREAS, in March, 2005 ORC entered into a contract to purchase a parcel of real property located on Stock Island, Florida comprising approximately 3.56 acres, as is more fully described in Appendix "A", also known Overseas Trailer Park (the "Property"), pursuant to which contract ORC, as contract vendee, is entitled to seek and obtain government approvals for the development of the Property; and WHEREAS, after acquiring the Property, ORC presented an application for an amendment to a conditional use to the County to convert sixty-three (63) mobile home sites to forty-nine (49) market rate housing units on the property; and WHEREAS, ORC negotiated with the County the terms of an agreement to resolve vested rights and other development issues that were the subject of protracted discussions between the County and ORC; and May 3, 2006 Page 10f6 WHEREAS, the goal of the parties was to seek a means to preserve affordable housing by identifying a plan that would create workforce housing units and recognize certain remaining market rate units on the Property; and WHEREAS, it is in the public interest and consistent with current County ordinances and planning initiatives that Overseas Trailer Park be developed as workforce housing, rather than market rate units; and WHEREAS, it is in the public interest and consistent with County planning initiatives that private lands capable of supporting workforce housing developments be purchased and brought into public ownership when possible; and WHEREAS, the County recognizes that to achieve this public purpose it is necessary to provide Rate of Growth Ordinance rights (ROGO units) as part of the purchase price incentive to private landowners in the position of ORC. NOW, THEREFORE, in consideration of the mutual covenants and the terms and conditions set forth hereafter, the County, ORC and DCA agree as follows: 1. Incorooration of Recitals. All of the foregoing recitals are incorporated into this Agreement. 2. DeveloDment A2reements. 2.1. The parties agree that the Property that is subject of this agreement, based on the most accurate historical information available, has sixty-three (63) ROGO units allocated to the Property. 2.2. The parties agree that ORC currently has the lawful right to construct forty-nine (49) market rate units on the Property. 2.3. The parties agree that there presently are an additional fourteen (14) market rate ROGO units on the Property that may be transferred off site by ORC. 2.4. The County will purchase the Property from ORC pursuant to the following terms and conditions: a. The County will pay to ORC the sum of Two Million Five Hundred Thousand Dollars ($2,500,000.00) in cash in exchange for the transfer of ORC' s fee simple ownership in the Property. b. The County will lease the Property back to ORC in a lease format approved by the County and ORC for a term of ninety-nine May 3, 2006 Page 2 of6 May 3, 2006 (99) years for a rental rate of Ten Dollars ($10.00) per year. As tenant, aRC shall assume all expenses and obligations of ownership of the Property. As set forth below, aRC will redevelop the Property into a workforce housing community, which aRC will operate and manage consistent with the County's workforce housing regulations, as amended from time to time, including oversight by the County Housing Authority. c. The County will allocate eighteen (18) of its affordable ROGO units in its inventory to aRC for the redevelopment project, and aRC will provide thirty-one (31) of its ROGO units to the project. Said eighteen (18) County units and thirty-one (31) aRC units shall be used by aRC to redevelop the Property into a forty-nine (49) unit workforce housing community. The County may substitute thirty-one (31) of its affordable housing RaGa allocations for the 31 aRC units and in which event aRC will assign the 31 aRC market rate ROGO allocations to the County for its use. Thereafter, aRC shall own all forty-nine (49) units and shall be able to sell the same to third parties in accordance with the County's workforce housing guidelines. The parties agree that aRC shall have the greatest possible latitude under the workforce housing guidelines in its selling of units in the community, and shall be able to sell such units at the maximum prices permissible under the workforce housing guidelines, including but not limited to those prices chargeable to people in the "moderate" income classification. d. The remaining thirty-two (32) market rate ROGO units retained by aRC may be sold by aRC upon such terms and conditions as it in its sole and absolute discretion deems appropriate, and such units may be transferred off the Property singly, in groups or all together to a receiver site or sites. aRC shall be entitled to transfer such units at such time as it has been issued a building permit for Page 3 of6 the redevelopment of the Property as set forth above. Each of the thirty-two (32) ROGO units to be transferred off the Property is deemed to meet the transfer criteria established by County regulations and ordinances and shall be transferable as of right to a receiver site. The units transferred off may not be transferred beyond the Lower Keys District boundaries unless and until the nutrient reduction system is officially dispensed with as a result of official state action or judicial decree. The units being transferred off-site may not be transferred in a Tier 1 zoning district; or a special protection area if the construction of the units would require clearing of natural habitat; or if evaluated under ROGO the site would receive negative points under habitat protection, threatened or endangered species, or critical habitat. e. The transfer of affordable units from one owner to another will be monitored by the County in a manner to be determined by the County from time to time. f Until such time as Monroe County shall adopt "workforce housing" regulations ORC shall comply in all respects with the definition of "affordable housing" in the Monroe County Code and shall additionally require each unit purchaser or adult occupant to be a member of the Monroe County workforce, i.e. to be gainfully employed, full time, in Monroe County at the time of purchase or occupancy and to remain so employed for not less than five years thereafter. 3. Construction of the Al!reement. The parties hereto have entered into this Section 380.032 agreement in recognition of the unique circumstances applicable to the Property, and in consideration of the public benefits to be obtained by preserving workforce housing stock. Accordingly, this Section 380.032 Agreement should not be construed as establishing precedent or procedure for any other development application. May 3, 2006 Page 4 of6 4. General Provisions. The County will not take any official action through its agents or employees which would contravene, interfere with or alter any provision in this agreement. 5. Authorized Sil!natures. The Board of County Commissioners of Monroe County, or its authorized designee, shall execute this Section 380.032 Agreement on behalf of the County following approval of this Agreement by the Board of County Commissioners. The Director of the Division of Community Planning, or his/her authorized designee, shall execute this Agreement on behalf of DCA. ORC shall execute this Agreement by its duly-authorized officer. 6. Entiretv of Al!reement. The County, DCA and ORC further agree that this Section 380.032 Agreement contains the entire and exclusive understanding and agreement among the parties and may not be modified in any manner except by an instrument in writing and duly signed by the County, DCA and ORe. 7. Dunlicated Oril!inals. This Section 380.032 Agreement may be executed in any number of originals, ail of which evidence one agreement, and only one of which need be produced for any purpose. 8. Enforcement. In the event ofa breach of this Section 380.032 Agreement, or failure to comply with any condition of it, the County, DCA and ORC may enforce this Agreement pursuant to ~~ 380.05 and 380.11, Florida Statutes, or as otherwise provided bylaw. 9. Scone of Authoritv. This Section 380.032 Agreement affects the rights and obligations of the County, DCA and ORC as provided under the terms herein and Chapter 380, Florida Statutes. This Section 380.032 Agreement is not intended to influence or determine the authority or decisions of any other state or local government or agency in issuance of any other permits or approvals that might be required by state law or local ordinance for any development authorized by this Agreement except as otherwise provided herein. 10. Effective Date. This Agreement shall take effect upon signature of the last of the parties to sign this Agreement. May 3,2006 Page 5 of6 IN WITNESS WHEREOF, the parties by and through their respective undersigned duly authorized representatives have executed this Agreement on the dates and year below written_ OVERSEAS REDEVELOPMENT DCA COMPANY, LLC : Jo Cleghorn, its anager JUt 1 t ZOO6 7/").jot. D~te signed Date signed .~ :l: .... c c:::> ..,.., 0 c:::> % > "'" {- ::Onz "'" fTl c= O,-Z C'> C"J ~=,,-< '" n- r 0 on- .&:"' ;:;lJ C --:1:: z?Jo " ~. -; -i r- :x 1'":'1 -<n_ ~~ 0 :,,- OJ;.. s:- o r GJ .. ::0 > I"" 0 0 May 3, 2006 Page 6 of6 EXHffiIT "A" LEGAL DESCRIPTION Doell 1U71II IIIcJI 2131I ,... 132t OIl t:ba Zslmld 1m0Wll .. SwClk J.s1aad aII4 .....~'1lJ mock 38, _-40'111920 1ot:s, ~ w ~ 10. h -~.".I'\'S .~ai: ~ a paz:~ ~ 81:oak ts1aad ~ LA l'~at; Book 1, l'age 55, MoIu:oe Co1alt:y, 1'l_1da :c.ao.nI8 . ALSO That; porUoD oI! 7:LJ:st; A__ ~~ aII4 -~"lJ bat:v&_ B10ak 38 aII4 311, ~ I.. --".D'8 PUt; o~ . paz:tl ~ 8t:oak Zsllllld ~ ia cU.sal.~--ll by "'~UUOD !to. 33-11173, 80ard ~ Coaatr c: ~ssi__, _lCde4 .t.a. o~~J.~ aeoozds Book 537, page 937, ~ t:ba 1'ab1J.a a._lI:CIs o-E IIom:oe CcraIltr, I'lar.ida. ..... COUNTY ....Ict.. IIRaIlIl$ Page 45 of 52 RESOLUTION NO. 33 -1973 WHEREAS, tho Soard of County Commissioner. of Monroe County. Florida. has been petitioned to renounce and disclaim any right of the County and the public in and to the hereinafter described street, alley-way, road or highway as delineated on the hereinafter described map or plat, and WHEREAS. due notice ha. been published and a public hea.rinl has been held in accordance with Chapter 336. Florida Statutes. and WHEREAS. at said public hearing no objections were made to the renoWlcing and disclaiming of any right of the County and the public in and to the hereinafter described street, alley-way. road or highway a. delineated on the hereinafter described Jtlap or plat, now therefore. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA. that s~id Board hereby rertounces and diBcl8,ims any Tight of th., County and the public in and to the following de- scribed street, alley-way J road or highway a8 delineated on the hereinafter described map or plat, to..wit: That portion 01 Fir.t Avenue lying and being between Blocks 38 and 39. McDonaldl. Plat. Stock I_land, recorded in Plat Book I. page 55 of the Public Record. Ol Monroe County. Florida. BE IT FURTHER RESOLVED BY SAID BOARD that the Clerk of said BO&Td be, and he is hereby ordered to publish notice of said meeting in accordance with the providone of Chapter 336, Florida. Statutes. DATED March 27, 1973.