Item H5
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 28. 2009
Division: Growth Management
Bulk Item: Yes.lL- No
Department:
Staff Contact Person/Phone #: S. Grimsley. Assistant
County Attorney Ext. 2517. 3470
AGENDA ITEM WORDING: Execution of Consent to Assignment by the Monroe County Board of
C01:mty Commissioners consenting to the collateral assignment by Northstar Resort Enterprises Corp.
(Northstar) to both Biscayne Bank and to Spectrum Mortgage Group, Inc.
ITEM BACKGROUND: This action by the BOCC will give consent to the collateral assignment
from Northstar to both Biscayne Bank and to Spectrum Mortgage Group, Inc. This consent is required
and given pursuant to Paragraph 14 of the Development Agreement with Northstar approved by BOCC
on March 19,2008. The Development Agreement allowed development at the Lakeview Gardens and
Northstar sites, provided Northstar with 110 Affordable Housing ROGO allocations and Northstar
donated 47 permanent market rate ROGO exemptions to the County.
PREVIOUS RELEVANT BOCC ACTION: Development Agreement with Northstar Resorts
Enterprises, Inc. approved by the BOCC at its March 19, 2008 Board meeting. (Only relevant pages
attached)
CONTRACT/AGREEMENT CHANGES: nla
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
BUDGETED: Yes _No
COST TO COUNTY:
n/a
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No x
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty ---1L- OMB/Purchasing _ Risk Management_
DOCUMENTATION:
Included x
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 1/09
CONSENT TO ASSIGNMENT
MONROE COUNTY, a political subdivision of the State of Florida, by and through its
Board of County Commissioners, hereby consents to the collateral assignment by
NORTHSTAR RESORT ENTERPRISES CORP. ("Northstartt) to both Biscayne Bank and to
Spectrum Mortgage Group, Inc. ("Assigneestt) of all of its right, title and interest in and to
that certain Development Agreement entered into between Northstar and the Board of
County Commissioners, recorded in OR Book 2352 at Page 2310 of the Public Records of
Monroe County, Florida. This consent is required and given pursuant to Paragraph 14 of the
aforedescribed Development Agreement. The undersigned acknowledges the proceeds from
the loans given by Assignees as aforedescrlbed will be utilized in part for a project which is
the subject of the Development Agreement and in part for a project to be developed on
another property owned by Northstar.
In witness whereof the undersigned has caused these presents to be executed this
_day of January 2009.
ATTEST:
DANNY L. KOLHAGE, CLERK
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
Deputy Clerk
Mayor George Neugent
STATE OF FLORIDA
SS
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this _ day of January 2009
by as of the Board of County
Commissioners on behalf of the Board of County Commissioners. He is personally known to
me or has produced as identification.
NOTARY PUBUC STATE OF FLORIDA
Print Name:
Commission No:
My Commission expires:
- -
)
, . .
- - . I
.. - .....J
This Instrument prepared by
and after recording return to:
Jeffrey E. Levey, Esq.
JEFFREY E. lEVEY, P.A.
9155 South Oadeland Blvd
Suite 1 006
Miami, Fl 33156
CONDITIONAL ASSIGNMENT OF
DEVELOPER'S RIGHTS
THIS ASSIGNMENT (this "Assignment") is made this z.~ day of December, 2008
by and between Northstar Resort Enterprises Corp., a Florida corporation, whose
mailing address is 102901 Overseas Highway, Key Largo, Florida 33037 (hereinafter
called "Assignor") and Spectrum Mortgage Group, Inc., a Florida corporation, whose
mailing address is 3121 Commodore Plaza, Suite 303, Coconut Grove, Florida 33133
(hereinafter called "Assignee").
WITNES SETH:
WHEREAS, Assignee has, concurrently herewith, made a loan (the "Loan") in the
original principal amount of One Million and No/100 Dollars ($1,000,000.00) to Assignor,
evidenced by a Promissory Note in the Loan amount ("Note") and secured by a Mortgage
and Security Agreement (the "Mortgage") encumbering real property and improvements
constructed or to be constructed thereon (collectively the "Property") located in Monroe
County, Florida as more fully described in EXHIBIT "A" attached hereto; and
WHEREAS, Assignee, as a condition to making the Loan, requires the execution.
and delivery of this Assignment;
NOW THEREFORE, in consideration of the sum ofTen and 00/100 Dollars ($1 0.00)
and other good and valuable consideration, the receipt and sufficiency ofwhich are hereby
acknowledged, the parties do hereby agree as follows:
1 , The above recitals are true and correct.
2. Assignor hereby collaterally assigns, transfers and conveys in whole to
Assignee all of Assignor's rights and privileges as "Developer" in connection with the
project to be constructed at the Property commonly referred to as "Lakeview Gardens" (the
"Project") including without limitation all rights of the Developer in connection with that
certain Development Agreement between Board of County Commissioners of Monroe
County, Florida (the "County") and Assignor recorded April 1, 2008 in Official Records
Book 2352, Page 231 0 of the Public Records of Monroe County, Florida (the "Development
Agreement") and any and all amendments and supplements to the Development
Agreement and any and all permits, including without limitation building permits and use
permits, whether currently issued or issued in the future, in connection with the Property
and/or the Project. This Assignment is to be interpreted in its broadest sense and shall
include, without limitation, all Rate of Growth Ordinance ("RaGa") exemptions and rights,
all transient transferable ROGO exemptions and all Inclusionary Housing Tracking
Certificates associated with the Property and/or the Project.
3. Assignor warrants and represents that the rights assigned hereunder have
not been previously assigned to any other person or entity; provided) however,
simultaneous with the execution hereof, Assignor is executing a Conditional Assignment
of Developers Rights to Biscayne Bank, a Florida state chartered commercial bank
("Senior Assignee") in connection with a loan which is senior and superior in priority to the
Loan (the "Senior Loan").
4. Assignor warrants and represents that no consent of any person or entity is
required for such assignment, except for the written approval of the County, which written
approval Assignor has obtained prior to the execution hereof.
5 Assignor covenants with Assignee that Assignor will diligently pursue the
satisfaction and completion of any and all conditions and requirements set forth in the
Development Agreement and any other conditions and requirements established, from
time to time, by the County and/or its affiliates in connection with the Project, and Assignor
agrees to provide Assignee with copies of all applicable notices, permits and other relevant
correspondence in furtherance of the foregoing covenant.
6. Assignor agrees that upon payment in full and satisfaction of all obligations
evidenced by the Note and any of the Loan documents executed in connection herewith,
this Assignment shall terminate.
7 This Assignment shall be binding upon and inure to the benefit of the parties
hereto and their respective heirs, personal representatives, successors and assigns.
8 The parties hereto agree that whenever an attorney is used to enforce,
declare or adjudicate any rights or obligations under this Assignment, whether by suit or
any other manner whatsoever, the prevailing party shall be entitled to reimbursement of
attorneys' and paralegals' fees and costs (whether incurred before or after litigation is
commenced, or in any judicial, bankruptcy, appellate or other proceedings).
[intentionally left blank]
2
9 ASSIGNEE AND ASSIGNOR HEREBY KNOWINGLY, IRREVOCABLY,
VOLUNTARILY AND INTENTIONAllY WAIVE ANY RIGHT EITHER MAY HAVE TO A
TRIAL BY JURY IN RESPECT OF ANY ACTION, PROCEEDING OR COUNTERCLAIM
BASED ON THIS ASSIGNMENT, OR ARISING OUT OF, UNDER OR IN CONNECTION
WITH THIS ASSIGNMENT OR ANY DOCUMENT CONTEMPLATED TO BE EXECUTED
IN CONNECTION WITH THIS ASSIGNMENT, OR ANY COURSE OF CONDUCT,
COURSE OF DEALING, STATEMENTS (WHETHER ORAL OR WRITTEN) OR ACTIONS
OF ANY PARTY HERETO. THIS PROVISION IS A MATERIAL INDUCEMENT FOR
ASSIGNEE'S ACCEPTING THIS ASSIGNMENT.
IN WITNESS WHER~OF, Assignor and Assignee have executed this Assignment
the day and date first set forth above.
Signed. sealed,
and delivered in the presence of:
~~
ASSIGNOR:
Northstar Resort Enterprises Corp., a
Florida corporation
'1l~
Print Na ./">) ~ ~o
By:
Constantin Zaharia, President
-e& U-e-
ASSIGNEE:
Spectrum Mortgage Group, Inc.,
a Florida corporation
~
By: .
Name: ~"\1-\.. -A '\
Its: ~ I'"~~ ~\-
3
STATE OF FLORIDA )
)ss:
COUNTY OF MIAMI-DADE )
I HEREBY CERTI FY THAT the foregoing instrument was sworn to, subscribed and
acknowledged before me this _______ day of December, 2008 by Constantin Zaharia, as
President of Northstar Resort Enterprises corp~ Flprida corporation, who is
personally known to me or who has produced 't?\ \..\~ as identification
and who did take an oath.
..' ''''~_ Carol A. Junco
i"H . ~ Commission # 00398310
. , . Expires April 15, 2009
.,;, llondtd TIlII' F81n. \nsllr8ftCt, 1M. 800..38&-1019
~
State of Florida at Large
My commission expires;
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
I HEREBY CERTIFY THAT the foregoing instrument was sworn to,
subscribed and acknowledged before me this c;Vlfh day of December, 2008, by
f..o ber+ Dl.A+ I 0 h f\ I as Pres\ctent. of Spectrum
Mortgage Group, Inc., a Florida corporation, who is personally known to me or who has
produced as identification and who did take an oath.
My commission expires:
~~a~ ~
NOTARY UBLic
State of Florida at Large
.,~:':;~',l"~. M1LAGROS M. FREYRE
l~m\ Nobily Public. Slate of florida
i' · . iMY Commission ExpIresAjJr 18, 2009
~ti1. Wt' Commission 'DO 380680
.,%"" Bonded B N8IionaI NotalY A81n.
S;\SMGSllUlChlnal2008\Nor1h1l8rRelOrt\Oocs\2nd MortgsgslAagmlDevRlghlt.wpd
4
EXHIBIT "A"
Legal Description
All that part of Lots 5, 12 and 13, in Section 6, Township 61 South, Range 40 East, which is West of a line
beginning at a point on the center of the South boundary of Lot 13, and extending straight through the
center of Lots 13 and 12 and through Lot 5 of the southeast side of Monroe County Road; an said land
being on the South side of the Florida East Coast Railroad Right-Of-Way, according to the Plat thereof as
recorded in Plat Book 1, Page 68, of the Public Records of Monroe County, Florida.
And
A portion of Lots 12 and 13, Section 6, Township 61 South, Range 40 East, according to sUlVey made by
P.F. Jenkins and recorded in Plat Book 1, Page 68 of the Public Records of Monroe County, Florida and
being more particularly described as follows:
Commence at the Southeast comer of said Lot 13; thence in a Westerly direction along the South
boundary line ofsaid Lot 13, South 89 degrees 04'38" West, a distance of 331.48 feet; thence North 00
degrees 40'47" West, a distance of 381.69 feet to a point of beginnIng; thence continue North 00 degrees
40'47" West, a distance of 1033.82 feet; thence North 89 degrees 19'33" East, a distance of 17.00 feet;
thence South 00 degrees 40'47" East, a distance of 901.27 feet; thence North 89 degrees 40'47" East, a
distance of 132.55 feet; thence South 89 degrees 19'13" West, a distance of 25.00 feet to the Point of
Beginning.
r"
This Inst'rument prepared by
and after recording return to:
Jeffrey E. Levey, Esq.
JEFFREY E. LEVEY, P.A.
9155 South Dad~land Blvd
Suite 1006
Miami, FL 33156
CONDITIONAL ASSIGNMENT OF
DEVELOPER'S RIGHTS
,
THIS ASSIGNMENT (this "Assignment") is made this 2 itay of December, 2008
by and between Northstar Resort Enterprises Corp., a Florida corporation, whose
mailing address is 102901 Overseas Highway, Key Largo, Florida 33037 (hereinafter
called "Assignor") and Biscayne Bank, a Florida state chartered cO'11mercial bank,
whose mailing address is 3121 Commodore Plaza, Third Floor, Coconut Grove, Florida
33133 (hereinafter called "Assignee").
WITNESSETH:
WHEREAS, Assignee has, concurrently herewith, made a loan (the "Loan") in the
original principal amount of One Million and Noli 00 Dollars ($1,000,000.00) to Assignor,
evidenced by a Promissory Note in the Loa"n amount ("Note") and secured by a Mortgage
and Security Agreement (the "Mortgage") encumbering real property and improvements
constructed or to be constructed thereon (collectively the "Property") located in Monroe
County, Florida as more fully described in EXHIBIT "AU attached hereto; and
WHEREAS, Assignee, as a condition to making the Loan, requites the execution
and delivery of this Assignment;
NOW THEREFORE, in consideration ofthe sum ofTen and 00/100 Dollars ($1 0.00)
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties do hereby agree as follows:
1. The above recitals are true and correct.
2. Assignor hereby collaterally assigns, transfers and conveys in whole to
Assignee all of Assignor's rights and privileges as "Developer" in connection with the
project to be constructed at the Property commonly referred to as "Lakeview Gardens" (the
"Project") including without limitation all rights of the Developer in connection with that
certain Development Agreement between Board of County Commissioners of Monroe
County, Florida (the "County") and Assignor recorded April 1, 2008 in Official Records
Book 2352, Page 231 0 of the Public Records of Monroe County, Florida (the "Development
Agreement") and any and all amendments and supplements to the Development
Agreement and any and all permits, including without limitation building permits and use
permits, whether currently issued or issued in the future, in connection with the Property
and/or the Project. This Assignment is to be interpreted in its broadest sense and shall
include, without limitation, all Rate of Growth Ordinance C'ROGO") exemptions and rights,
all transient transferable ROGO exemptions and all Inclusionary Housing Tracking
Certificates associated with the Property and/or the Project.
3. Assignor warrants and represents that the rights assigned hereunder have
not been previously assigned to any other person or entity; provided, however,
simultaneous with the execution hereof, Assignor is executing a Conditional Assignment
of Developer's Rights to Spectrum Mortgage Group, Inc., a Florida corporation
("Subordinate Assignee") in connection with a loan which is subordinate to the Loan (the
"Subordinate Loan").
4. Assignor warrants and represents that no consent of any person or entity is
required for such assignment, except for the written approval of the County, which written
approval Assignor has obtained prior to the execution hereof.
5 Assignor covenants with Assignee that Assignor will diligently pursue the
satisfaction and completion of any and all conditions and requirements set forth in the
Development Agreement and any other conditions and requirements established, from
time to time, by the County and/or its affiliates in connection with the Project, and Assignor
agrees to provide Assignee with copies of all applicable notices, permits and other relevant
correspondence in furtherance of the foregoing covenant.
6. Assignor agrees that upon payment in full and satisfaction of all obligations
evidenced by the Note and any of the Loan documents executed in connection herewith,
this Assignment shall terminate.
7 This Assignment shall be binding upon and inure to the benefit of the parties
hereto and their respective heirs, personal representatives, successors and assigns.
8 The parties hereto agree that whenever an attorney is used to enforce,
declare or adjudicate any rights or obligations under this Assignment, whether by suit or
any other manner whatsoever, the prevailing party shall be entitled to reimbursement of
attorneys' and paralegals' fees and costs (whether incurred before or after litigation is
commenced, or in any judicial, bankruptcy, appellate or other proceedings).
[intentionally left blankl
2
9 ASSIGNEE AND ASSIGNOR HEREBY KNOWINGLY, IRREVOCABLY,
VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT EITHER MAY HAVE TO A
TRIAL BY JURY IN RESPECT OF ANY ACTION, PROCEEDING OR COUNTERCLAIM
BASED ON THIS ASSIGNMENT, OR ARISING OUT OF, UNDER OR IN CONNECTION
WITH THIS ASSIGNMENT OR ANY DOCUMENT CONTEMPLATED TO BE EXECUTED
IN CONNECTION WIYH THIS ASSIGNMENT, OR ANY COURSE OF CONDUCT,
COURSE OF DEALING, STATEMENTS (WHETHER ORAL OR WRITTEN) OR ACTIONS
OF ANY PARTY HERETO. THIS PROVISION IS A MATERIAL INDUCEMENT FOR
ASSIGNEE'S ACCEPTING THIS ASSIGNMENT.
IN WITNESS WHEREOF, Assignor and Assignee have executed this Assignment
the day and date first set forth above.
Signed, sealed,
and delivered in the presence of:
a~
Print Name: A -.r Ul'"'ol ~
ASSIGNOR:
Northstar Resort Enterprises Corp., a
Florida corporation
(i:/. ~
By:
Constantin Zaharia, President
ASSIGNEE:
Biscayne Bank, a Florida Limited
Liability Company
~
N e . ~ n ~ ...-z..t..,. """
I : ~ . .
:3
STATE OF FLORIDA )
)ss:
COUNTY OF MIAMI-DADE )
I HEREBY CERTI FY THAT the foregoing instrument was sworn to, subscribed and
acknowledged before me this ~ day of December, 2008 by Constantin Zaharia, as
President of Northstar Resort Enterprises CorP-., a Florida corporation, who is
personally known to me or who has produced ~ ~ l\ ~ as identification
and who did take an oath.
,....~ f.~ Carol A. Junco
?:r ~ oJ*= Commission # 00398310
~1. Expires April 15, 2009
.. I ,,,, IloIIIIedTIII\'Iilb.~,tnc. 8QO.385.70lt
~
State of Florida at Large
My commission expires:
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
. . I HEREBY CERTIFY THAT 0 the fo~egoing instrument was sworn to,
subscribed and acknowledged before me this d~+ day of December, 2008, by
Lo\"\ e '\ 0.'( c,\,." V1 ., as ceo. of Biscayne
Bank, a Florida state chartered commercial bank, who is personally known to me or
who has produced as identification and who did take an oath.
My commission expires:
~ /ft. ~
t40TARY' PUBLIC
State of Florida at Large
- - -
~ --
"':l!.~~i;', MlLAGROS M. FREYRE
I l~m'\ NoIlny Public. Stale of Fklrlda
=- . ..
l ~'. 0 jMv CommlssIon ExpIres Arir 18. 2009
~~'l ~ CommIssion 100 380680
l '. ',~f," .' Bonded By National Notary Alan.
---- ------......
S:\SMGSlanehlna\20081N0flh5tarFleaort\Doca\151 Mortgll:/llAsgmlDevRlghts.wpd
4
EXHIBIT "A"
Legal Description
Ail that part of Lots 5, 12 and 13, in Section 6, Township 61 South, Range 40 East, which is West of a line
beginning at a point on the center of the South boundary of Lot 13, and extending straight through the
center of Lots 13 and 12 and through Lot 5 of the southeast side of Monroe County Road; all said land
being on the South side of the Florida East Coast Railroad Right~Of-Way, according to the Piat thereof as
recorded in Plat Book 1, Page 68, of the Public Records of Monroe County, Florida.
And
A portion of Lots 12 and 13, Section 6, Township 61 South, Range 40 East, according to survey made by
P.F. Jenkins and recorded in Plat Book 1, Page 68 of the Public Records of Monroe County, Florida and
being more particulariy described as follows:
Commence at the Southeast comer of said Lot 13; thence in a Westerly direction along the South
boundary line of said Lot 13, South 89 degrees 04'38" West, a distance of 331.48 feet; thence North 00
degrees 40'47" West, a distance of 381.69 feet to a point of beginning; thence continue North 00 degrees
40'47" West, a distance of 1033.82 feet; thence North 89 degrees 19'33" East, a distance of 17.00 feet;
thence South 00 degrees 40'47" East, a distance of 901.27 feet; thence North 89 degrees 40'47" East, a
distance of 132.55 feet; thence South 89 degrees 19'13" West, a distance of 25.00 feet to the Point of
Beginning.
.<
-.
Prepared by:
Reed &: CeIllp8Dy DeveIopJneut ~ Ine.
89240 Oveneu Jlfghway, Suite 3
Tavender, FL 33070
Phone:30s.852-4852
Doc. 1688538 04/01/2008 S:48~
Filed & R.co~d.d in OffJcial A.co~ds of
PfONROE COUNTY DANNY L. KOLHAGE
Doctt 1688538
Bkl 2352 p.. 2310
DEVEWPMENT AGREEMENT BETWEEN BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA AND NORTHSTAR RESORTS ENTERPRISES,
INe.
THIS AGREEMENT is made and entered into as of this 19th day of March,
2008, by and between 1he BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA ("Board" or "County''), and NORTHSTAR RESORTS
ENTERPRISES, INe., a Florida Corporation (''Developer').
Recitals
WHEREAS, the Board ad the Developer recognize the following:
A This agreement is entered into in accOIdance with the Florida Local
Government Development Agreement ~ 163.3220-163.3243, Florida Statutes ("Act'').
B. The Developer is the owner of certain reaJ. property located in Momoe
County, Florida, and described in the attached Exhibit "A", cmrentIy referred to as
Lakeview Gardens ("Lakeview GaIdensj, and previously known as Florida Keys RV
Resort, Barefoot Key RV Resort and Happy Vagabond The site is comprised of some
11.68 acres of which approximately 10.24 acres are upland with a 1.44 lake. This site is
currently developed with thirteen (13) market rate, Rare of Growth Ordinance (ROGO)
exemptions established on the site in the form of mobile ho.lIle$. The site was previously
developed. in addition to the 13 market rate units with 126 RV ROGO exempt spaces.
C. The Developer is also owner of certain real property located in Monroe
County, Florida, and described in the attached Exhibit "B", cu:rrently referred to as
Northstar Resorts, (the "Resort Site"), which is subject to approvaI P02-07 for the
development of a 138 unit resort hotel, restaurant and accessory structures.
D. Resolution PSS-03 by the Monroe County Planning Commission lawfully
established one hundred twenty-six (126) Rate of Growth Ordinance (herein after
referred to 88 "ROOOj exemptions ftom the Lakeview Gardens Site (MM 106) as
eligible for transfer.
E. Resolution PS6-03 by the Monroe County Planning Commission approved
the request filed by Northstar Resort to receive seventy-seven (77) ROGO exemptions
from. the Lakeview Gardens site at the Resort Site.
2/29/08 - La/c:evie.w Gardens Deve!opment .Agreement
Page 1
Doell 1888538
Ski 23!2 PII 2311
F. Resolution P02-07 by the Momoe County Planning Commission approved
the request filed by Nortbstar Resort Enterprises Corporation to receive forty-nine (49)
transient transferable ROOO exemptions (TREs) from the Lakeview Gardens site at the
Resort site. This resolution also identified the Lakeview Gardens as a linked site to the
Resort site where fifteen (IS) affordable housing units would be built prior to receiving a
certificate of occupancy on any of the hotel units at the Resort Site.
G. Development Order #04-04 established forty-seven (47) ROGO
exemptions at the Resort Site.
R Development Order #05-04 approved Lakeview Gardens as a receiver site
fur the forty-seven (47) ROGO exemptions jdentifjed in Development Order #04-04.
t
County.
J.
There is limited land area suitable for residential development in the
There is an unmet need of 7.317 affordable housing units.
K. Even moderate income households (those earning from 120-16()81O of the
County median income) are in need of affordable housing.
L. Due to state-imposed requirements related to hurricane evacuation
standards. there are a limited number of residential building permits available on an
annual basis.
M. The County faces an unprecedented number of applications fur
Administrative Relief and cmrent market rate building pennits applications with an
insufficient amount of market rate permits available to satisfy the demand
N. The County acts as an unbiased partner in the issuance of available Rate of
Growth Ordinance ("ROGO") aI1ocati.ons.
O. Most of the recent awards of affordable ROOO allocations have been to
Lower Keys affordable housing projects: i.e. Parle Village (40 allocations); Islander
Village (89 allocations); Overseas Redevelopment ( 49 allocations).
P. For funding approvals and other pmposes Developer needs immediate
verification of affordable ROGO dwelling unit allocation set asides in order to receive
assurance of the County.s commitment in order to proceed with the project
Q. The County has amended land development reguJations and created new
approaches with incentives to encourage development of affordable housing. but which
may not be applicable to this project.
It. This project will help to meet Goal 601 of the Momoe County
Comprehensive Plan which states Monroe County shall adopt programs and policies to
facilitate access by all current and future residents to adequate and affordable housing
2/29/08 - Lakeview Gardens Development Agreement
Page 2
Doca 1688538
Bka 2352 Pea 2312
that is saf~ decent,. and structurally soun~ and that meets the needs of the population
based on type, tenure characteristics, unit size and individual pIeferences.
S. Developer will develop 123 units of which 110 units will be designated as
affordable employee housi:og units and 13 will be designated as market rate mritst in
addition to an accessory day care serving the residents of this development as well as a
comm1mity club house.
T. T.he County will provide to the Developer 110 required affordable ROGO
allocations. Developer will donate to the County the 47 market rate ROGO exemptions
from the Northstar Resort parcel The developer will use its 13 market rate ROOO
exemptions to constmct the 13 market tate units, without the need to apply for any
additConal market rate allocations. County will provide Developer wi1h 91' Jnclusionary
Housing Traclring Certificates (HITCs) to be used as credits to satisfy inclusionary
requirements at future locations.
U. On May 23, 2007 an application for an amendment to a Major Conditional
Use Application was filed with the Monroe County Planning Department for
development of 123 residential units and accessory structures on the Lakeview Gardens
site.
V. In order to foster comprehensive pJanmng and to comply with Goal 601 of
the Monroe County Comprehensive plan and to encourage the efficient use of resourcest
to reduce the economic cost of development, and to afford certainty in the approval of
developmeIl4 the Board and the Developer desire to establish by agreement the terms
under with the Property may be developed.
W. On January 23, 2008 the Monroe County Planning Commission held the
first public hearing on this Agreement. Notice of intent to consider this Agreement was
provided in accordance with law. The item was heard and continued to the next Planning
CommilUl"ion public hearing date on February 5,2008.
X. On March 19,2008 the Board of County CommiRSioners held the second
public hearing on this Agreement after providing notice in accoIdance with law.
NOW THEREFORE, in consideration of the mutual covenants entered into
between the parties, and in consideration of the benefits to accrue to each, it is agreed to
as follows:
1. Recitals.
The above recitals are true and correct and are incorporated herein and made a
part hereof.
2. Purpose of A2reement.
The parties agree as follow:
2/29/08 - Lalreview Gardens Development Agreement
Page 3
Docll 1688538
Bkll 2352 P,II 2313
a. County shall reserve 110 affordable ROGO allocations fur
Developer to be built as affordable employee housing units, upon
the effective date of this Agreement. One hundred and four (104)
allocations shall be moderate affordable ROGO allocations and six
(6) shall be low and very low allocations.
b. County to issue 75 of the 110 reserved ROGO affordable
allocations to developer upon the effective date of this Agreement
c. County shall issue the remain111g 35 reserved ROGO affordable
allocations on or before August 1, 2008.
d. Developer to bulld 110 deed restricted affordable employee
housing units to help meet the deficit of current and future
affordable housing needs. All uni1s shall be deed restricted as
employee uni~ unless 2n below is applicable. Six (6) units shall
be deed restricted for those meeting low and very low income
standards.
e. Developer shall retain all 13 market rate ROOO exemptions and
shall rebuild the 13 market rate residential units on site as
protected and provided by Chapter 9.5-268 of the Monroe County
Code (Mcq.
f. Developer shall convert the existing 2,892 square feet of existing
commercial floor area into a 1,558 square foot accessory club
house and a 1,334 square foot accessory owner's day care.
g. Developer shall donate to the County forty-seven (47) market rate
ROGO exemptions from the Resort site as established by
Development Order #04-04 upon the effective date of this
Agreement for County's use.
h. Developer shall receive Ninety-one (91) Inclusionary Housing
Tracking Certificates (HITCs) from the County that can be used to
satIsfY Inclusionary Housing requirements for futme developments
by Developer or others as outlined in Section 9.5w266 of the
Monroe County Code (MCC) or for any other inclusionary
affordable housing requirements which may be imposed in the
future. Such certificates sbaII be provided by County to Developer
upon issuance of a certificate of occupancy for each of the ninety_
one (91) uni1s. Tracking certiftcates shall survive the expiration or
termlnllltion of the agreement.
i. Ninety-One (91) of the affoIdable housing units are recognized as
inclusiomuy housing unit credits to satisfy future projects in the
upper keys sub area. This may include municipalities within the
same sub area if there is an appropriate interlocaI agreement
pursuant to 9.5-266 of the Monroe County Code.
j. This agreement constitutes approved linkage of the sender site and
any receiver site(s) associated with these certificates and acts as a
2/29/08 w Lakeview Gardens Development Agreement
Page 4
Docl 1688!538
Bkl 23!52 P,I 2314
covenant running in favor of Monroe County which shall not
require further Board approval The covenant running in favor of
Monroe County will be tracked 1hrough the filing of the
Inclusionary Housing Tmcking Certificate (DITC) certificate in the
public record. The Developer~ as holder of the certificates, shall
provide a notarized document evidencing the transfer including:
owner of project, project nam~ legal description, real estate
number, number of umm and numbered certificate being
transferred.
Ie. Fifteen (IS) of the one hundred and ten (110) Affordable employee
units serve to meet Resolution P02-07 in which Developer agreed
to build fi..flcen (IS) affordable units 1inked to the Resort site. Four
(4) of the One Hundred and ten (110) units serve as inclusionary
housing requirements for the 1hirteen (13) market rate units to be
redeveloped on site.. These units will not receive Inclusionary
Housing Tradcmg Certificates and can not be linked with future
projects.
1. Developer will apply for building permits within 9 months of
receipt of the initial 75 affordable ROOO allocations and receive
certificates of occupancy on the first 75 units within 24 mon1hs of
building permits being issued.
In. Developer will apply for building permits within one (I) year of
the receipt of the remainmg 35 affordable ROGO allocations from
the County and receive certificates of occupancy on the remAining
35 units within two (2) years of the building permits being issued.
n. Developer will retmn to County any portion of the unused 110
affordable allocations not used by the dates as specified in "1" ~ '"m"
and "q" unless Developer requests an extension of time within the
tenD. of this agreement, :from the County~ based on circumstances
that have created undue hardship to Developer, at which time the
timeftames as outlined may be extended by the County.
o. Developer will not be held to additional designation of restricting
the units to employee housing if prior to certificate of occupancy
of any of the units a land development regulation occurs in which
affordable housing units are added a permitted use without the
further designation of employee. However, under no
circumstances shall no less than nineteen (19) units be designated
as affordable employee units.
p. Ownership of affordable units may be by partnership, limited
partnership, corporation, governmental entity, co-operative or
~imi1ar types of ownership SO long as the sales price and occupants
of the subject units meet affordable guidelines as provided in the
Momoe County Code.
2/29/08 - Lakeview Gardens Development Agreement
Page 5
Doe" 1688938
Bkl 2352 P.I 2315
q. The Planning Director may grant a one time extension of six (6)
months for building pennit applications and construction deatflines
as set forth in "1" and "m" above.
3. General Provisions.
a. Le2al Descriution and Owner
The Lakeview Gardens property is described in Exhibit A attached
hereto and made part hereof. Northstar Resort EnteIprises
Corporation, a Florida COIporat.io~ is the legal and equitable title
holder to the Lakeview Gardens site.
The Resort Site is descn"bed in Exhibit B attached hereto and made
part hereof. Northstar Resort Enterprises Corporation, a Florida
COlpOllltion is the legal and equitable title holder to the Resort
Site.
b. Duration.
This Agreement shall expire ten (10) years after the Effective Date
provided in Provision 9, unless earlier termin~ted 88 provided in
Provisions 5 and 6, or extended as provided in Provision 7.
c. Develomnent Uses PrQposed to be Permitted
(1) The development proposed on the Property includes 123
Residential units of which 110 of the units will be designated as
affordable employee housing units and 13 will be market rate
units. In addition the development includes a 1,558 square foot
accessory club house and a 1,334 square foot accessory owners
day care. All units proposed to be constructed have been designed
to be under the 35 foot height restriction as outlined in Section 9.5-
283 and aU buildings have been designed to have finished floor
elevations at or above those required per floodplain management
sections 9.5-316 and 317. Furthem10re aU buildings have been
designed with open porehes, ceiling fans and energy efficient air-
conditioning units and appliances to reduce energy use.
Installation of native plant landscaping will reduce the
requirements for water and maintenance.
(2) Section 9.5-266 (a)(l)(b.) of the Monroe County Code
(MCC) permits the development of affordable and employee
housing as defined in Section 9.5-4(A-5) and (B-1) on parcels of
land classified as Submban Commercial (SC) at an intensity up to
a maximum net residential density of (18) dwelling units per acre.
2/29/08 - Lakeview Gardens Development Agreement
Page 6
Docl 1688538
Ski 2332 Psi 2316
Based on 9.88 acres of upland Suburban Commercial zoned land
the site could support up to 142 affordable housing units.
(3) Section 9.5-268 of the MCC states that "notwithstanding
the provisions of sections 9.5-262 and 9.5-263, the owners of land
upon which a lawfully established dwelling unit or a mobile
home...shall be entitled to one (1) dwelling unit for each such unit
In existence. Such lega1Iy-established dwelling unit sha1l not be
considered as a non-conforming use". Therefore the replacement
of the 1hirteen (13) market rate residential units is pennitted.
(4) Owners club house and owners daycare are considered
permitted accessory structures under Section 9.5-4 (A-2).
d Description of Adequate Public filcilities serving develQpmelll
(1) Roads - Based on the Level m Traffic study prepared by
Transport Analysis Professionals (TRP) there are sufficient
reserve trips on US 1 Segment 24 in which the project is
located to handle the additional trips generated by the
development
(2) Solid Waste - As of June 2006, Waste Management Ihc.,
repot1s a reserve capacity of approximately 26 million
cubic yards at theh' Central Sanitary Landfill in Broward
County, a volwne sufficient to serve their clients for
another seven (7) years. Monroe County bas a con.tlact
with WMI authori7.ing use of in-state fucilities through
September 30, 2016, thereby providing the County with
approximately ten years of guaranteed capacity. Ongoing
modifications at the Central Sanitary Landfill are creating
additional air space and years of life. In addition to this
contract, the 90,000 cubic yard reserve at the County
landfill on Cudjoe Key would be sufficient to handle the
County's waste stream for an additional three years (at
current tonnage levels). The combination of the existing
haul-out contract and the space available at the Cudjoe Key
landfill provides the County with sufficient capacity to
accommodate all existing and approved development for up
to thirteen years. (Source PFCA 2006)
(3) Potable Water - According to the 2006 PFCA there is are
132 gallons on average per day per person available with a
maximum of 157 gallons per person per day. Based on an
average household size of2.26, 132 gallons per person per
day would tnmsIate to 298 average gallons per household
per day or a llJarirmun of 354 (157 gallons per person per
day X 2.26) gallons per person per day. A single family
2/29/08 - Lakeview Gardens Development Agreement
Page 7
Doc" 1688538
Ski 2352 P.I 2317
home is expected to generate on average 350 gallons per
day. Based on II 0 units, since 13 of the units will be
redevelopments, it is estimated that upon build out the
project will require 38,500 (350 gpd X 110) additional
gallons of water per day. The ~ 13 units will
continue to require 4,550 gallons of water per day.
Therefore the entire site with ~ and new units will
require 43,050 gallons of water per day or 1,5713,250
gallons a year. A letter of coordination from Ed Nicolle,
Florida Keys Aqueduct Authority, on March 29, 2007
signifies that there is a 6" water main located in front of the
project and that it appears adequate to senre this project
(4) Fire Protection - A six inch water main provides adequate
flow for fire protection
(5) Florida Keys Electric Coooerative t'FKEC) - FKEC has
issued a letter of coordination stating there is sufficient
capacity to service this project.
(6) Wastewater - Department ofHea1th estimates 100 gallons
of wastewater per day per bedroom. Key Largo Waste
Water Treatment District estimates 145 to 167 gallons of
waste water per unit/per day. Based upon the number of
bedrooms in the &cllity the site is estimated to generate
29,100 gallons of wastewater per day based on the more
conservative estimate of 100 gallons per bedroom per day
provided by the Health Department.
Cmrently the site has a DEP Package plant, pennit
#014733. The current plant can accommodate up to 100
residences with minor upgrades that will be pennitted
through the DEP. The package plant will continue to
operate at the time until the site can be "hooked" up to the
central sewer system which is opemted by the Key Largo
Waste Treatment District. Coordination Key Largo Waste
Treatment district confirmed that the force main is in place
running to the Key Largo trP.sri'ment plant, however will the
second plant is operational connection will not be available.
KL WID confhmed that by mid 2008 the plant would be
operational and hook up available. Construction on
Lakeview Gardens is anticipated to begin in the first
quarter of 2008 which would bring the initial units on line
by the end of 2008 which would coordinate with opemtion
of the Key Largo waste treatment plant. However, if they
are not prepared to handle the wastewater the DEP package
plant will be online until such a time.
2/29/08 - Lakeview Gardens Development Agreement
Page 8
Doc" 1688538
Bk.. 2352 Psi 2318
(7) Schools - The Monroe County Land Development
Regulations do not identify a numeric level of service
standard for schools (such as 10 square feet of classroom
space per student). Instead, Section 9.5-292 of the
regulations requires classroom capacity "adequate" to
accommodate the school-age children generated by
proposed land development.
The School Board uses recommended capacities provided
by the Florida Department of Education (FDOE) to
detemrlne each school's capacity. All schools have
adequate reserve capacity to accommodate the impacts of
"the additional land development activities projected for
2005-2006 school year. The capacity runs approximately
93-950.4 of student stations which vary in nwnber from
elementary, middle and high school due to class size
reduction. The class size reduction was a result of a state
constitutional amendnn1t setting limits for the maximwn
allowable number of student in a class by the start of the
2010-11 school year that was passed by Florida's voters in
November 2002.
Enrollment figures for the 2004-2005 school year and
projected enrollment figures for the 2005-2006 school year,
show that none of the schools are expected to exceed their
recommended capacity. School facility plans are based on
enrollment projections 5 years out. And the utilization rate
5 years out is between 50 to 90 percent confirming
adequate capacity. If uti1i7lttion was projected to exceed
one hWl(Jred percent then there would not be sufficient
capacity.
(8) Housing - The median value (dollars) for a single family
residence in Monroe County in 2000 was $241,200 and in
2005 was $683~OO. (US Census Bureau, Snmmmy File I
(SF I) and S'ilmmary File 3 (SF 3) and 2005 American
Community Surveys). There:is a current unmet need of
7,317 affordable housing units in Monroe County. The
Developer :is proposing to redevelop thirteen marlret rate
units and to provide 110 affordable units in the range of
$199K to the maximum sales price under affordable
housing guidelines. This project will help to meet the
needs of affordable housing as outllned by GOAL 60 I of
the Monroe County Comprehensive Plan.
(9) Fees - Impact Fees shall be waived pmsuant to Monroe
County Code (MCC) and no payment shall be required
2/29/08 - LaIceview Gardens Development Agreement
Page 9
Doc.. 1&88!538
Bklt 23!52 PI" 2319
upon termination of the ninety-nine (99) year deed
restriction. Building permit application and building permit
fees shall not be changed to developer, in accordance with
the fees waived in Resolution 156-2007 for not for profit
organizations.
e. Reservation of Land for Public Pmposes
The Developer is not cummt1y aware of and specific reservatiOn(s)
or dedication(s) necessary for the development authorized by this
Agreement. Any reservations and dedications for public purpose
in connection with this Agreement will be as required by the
County's Comprehensive Plan and County Code or local utility
companies. Such reservations or dedications may include, by way
of example, easements necessary for the provision of stonnwater,
utility, and wastewater services to the Property.
f. Local DevelQpJDeDt Permits
The following is a list of all development permits approved or
needed to be approved for the development of the property as
specified and requested in this Agreement:
(1) This Development Agreement; and
(2) Amendment 10 a Major Conditional Use approval
for development of the Lakeview Gardens site;
and
(3) Bullmng and related construction permits for
grading, paving, drainage; each residential unit
and accessory structures, land clearing, and
landscaping; and
(4) Federal, State, regional, and local permits for
stonnwater runoff:, driveway connections, and
environmental (or endangered species) tAkings,
when necessary and if required
g. Consistency with Comprehensive Plan and Land Develomnent
Regulations
The Board finds that 1he Development Program proposed for the
Property as provided in this Agreement is consistent with County's
Comprehensive Plan and Land Development Regulations.
h. Descrlotion of conditions. terms. restrictions. or other reauirements
determined to be ttecessaIy by the local 20vemment for the llublic
health.. safety~ or welfare of its citizens
2/29/08 - Lakeview Gardens Development Agreement
Page 10
Doc' 1688!138
Bkl 23!52 P.I 2320
There are no additional conditions, terms, restrictions or other
requirements that are not already contained herein that are
necessaIy by the local government for the public heal' safety, or
welfare of citizens.
1. eoq,liance with law Irovemlng pennittinsz reouirements.
conditions. term. or restriction
The ftillure of this Agreement to address a particular permit,
condition, ter.m, or restri.cti.on shall not relieve Developer of the
necessity of complying with the law governing said permitting
requirements, conditions, tenDs, or restrictions.
4. Local Laws and Policies GovenrinV A2reement
The County's laws and policies governing the development of the land at the time
of the execution of this Agreement shall govern the development of the Property for the
duration of the Agreement. County's Jaws and poficies adopted after the Effective Date
may be applied to the Property only if the detenninations required by section
163.3233(8), Florida Statutes, have been lJU!de after written notice to Developer and at a
public hearing.
5. .Amendment or Cancellation bv Mutual Consent.
This Agreement may be amended or cancelled by mutual consent of the parties,
and shall terminate upon the issuance of the last Inclusionary Housing Tracking
Certificate. Prior to amending this Agreement, the Board shall hold public hearings as
required to by law.
6. InvoluntaIy Revocation ofDevelomnent A2reement
The Board may revoke this Agreement if the Board determines through its annual
review of 1his Agreement that there has not been substantial compliance with the terms
and conditions of this Agreement, including all amendments or extensions thereto. Prior
to any revocation of this Agreement, the Board shall hold two public heariJlV, At the
public hearing(s), the Developer will be given an opportunity to rebut the assertion that
there has not been substantial compliance with the requirements of this Agreement or any
amendments thereto. If the Board determines that revocation of 1his Agreement is not
necessary, the Board may amend the tenns of the Agreement to provide for any
reasonable condition necessaty to assure compliance with the requirements of this
Development Agreement, and any extensions or amendments thereto. Either party or any
aggrieved or adversely affected person may file an action for injunctive relief in the
Circuit Court for Monroe County to appeal the revocation or amendment of this
Agreement.
7. Tenn
2/29/08 - Lakeview Gardens Development Agreement
Page 11
Doc' 1688538
Bkl 2352 PII 2321
The initial term of this Agreement shall be ten (10) years from the Effective Date.
This Agreement may be extended by mutual consent of the Board and the Developer~
subject to the County~s pubHc hearing requirement. However, this Agreement shall
expire after all terms and conditions have been met by both parties.
8. Record: Submission to Florida Deoartment of Community Affairs
Within 14 days the CIerlc to the Board shall record the Agreement in the Public
Records of Monroe County. A copy of the recorded Agreement shall be submitted to the
Florida Department of Community Affairs within 14 days after the Agreement is
recorded. H this Agreement is amended. canceled, modified. extended:. or revoked, the
Clerk shall have notice of such action recorded in 1he public records and such recorded
notice shall be submitted to the Florida Deparcment of Community Affairs.
9. Effective Date.
This Agreement sball be effective 30 days after its receipt by the Florida
Depat1ment of Community Affairs. Notice of the effective date of this Agreement shall
be provided by 1he Board to all affected parties to the Agreement
10. Annual Review
The Board shall review the development that is subject to this Agreement every
12 months, commencing 12 months after the Effective Date of this Agreement The
Board shall begin the review process by giving notice, a minimum of 30 days prior to the
anniversary date for the effective date of this Agreement, to the Developer of its intention
to undertake the annual review of this Agreement and of the necessity for the Developer
to provide the following:
a. An identification of any changes in the plan of development as
contained in the Development Order, or in any phasing for the
reporting year and for the next year.
b. If 1he Development Order provided for phasing, a summary
comparison of development activity proposed and actually
conducted for the year.
c. An assessment of the Developer's compliance with each condition
of approval set forth in this Agreement
d Identification of significant local, state and federal permits which
have been obtained or which are pending by agency, type of
pennit, permit number and purpose of each.
Any information required of the Developer dming a review shall
be limited to that necessary to determine the extent to which the
Developer is proceeding in good f81th to comply with the terms of
1his Agreement For each annual review conducted during years 6
2/29/08 - Lakeview Gardens Development Agreement
Page 12
DDcl 1688838
Bkl 2352 PsI 2322
through 10 of this Agreement, the Board shall prepare a written
report in accordance with rules promulgated by the state land
planning agency. The report shall be submitted to the parties to the
Agreement and the State land planning agency. If the County finds
on the basis of substantial competent evidence that there has been a
failure to comply substaniially with the tenns of the Agreement,
the County may revoke or modify the terms of this Agreement in
accordance with the procedures set forth in Provision 5.
11. Effect ofCon~Stattu>r Federal Laws.
In the event tbat any state or federal law is enacted after 1he execution of this
~,greement that is applicable to and precludes the parties from compJ~ with the terms
of this Agreement, then this Agreement shall be modified or revoked as is necessmy to
comp!y with the relevant state or federal law. Prior to modifying or revoking this
Agreement under this provision, the Board shall hold public hearings as required by law.
12. Enforcement
Either party, any aggrieved or adversely affected person, or the state land
planning agency, may file an action for injunctive relief in the Circuit Court for Monroe
County to enforce the terms of this Agreement or to challenge compliance of this
agreement with the provisions of ss. 163.3220-163.3243.
13. Notices.
a The parties designate the following persons as representatives to be
contacted and to receive all notices regarding this Agreen1ent
For the Board:
County AdminiRtrator
County of Monroe
11 ()O Simonton ~treet
Key West, Florida 33040
with a copy to:
CountyAttomey
Monroe County Attorneys Office
PO BOX 1026
Key West FL 33041-1026
with a copy to:
Growth ~ Division Director
Growth Management Division
~tho.n GovPfl1men1; Center
2798 Overseas Highway
Marathon, FL 33050
2/29/08 - Lakeview Gardens Development Agreement
Page 13
Doc. 1688538
Bk. 23~2 PI. 2323
For the Developer.
Mr. Constantin Zaharia
9251 SW 140th Street
MiaJn4 FL 33176
with a copy to:
Joel Reed
Reed &. Company Development ServicesJ Jne
89240 Overseas HighwaYJ Suite 3
Tavernier, FL 33070
-b. Any diimge in the person. designated by a party to receive notices
hereunder shall be communicated in writing to the representative
of the other party designated hereunder.
14. Successors. Assipll....and-As.'liDnmP.nfR.
This Agreement shall be binding upon the parties and their successors and
assigns. This Agreement, or portions hereof: will not be assigned by Developer, without
the express written approval of County, and such approval shall not be umeasonably
withheld In the event of an 8S!l.ignmP.ht, the Developer shall provide notice to:
County Administrator
County of Monroe
1100 Simonton Street:
Key West, Florida 33040
County Attorney.
Monroe County Attorneys Office
PO BOX 1026
Key West FL 33041-1026
Orowth Management Division Director
Growth Management Division
Marathon Government Center
2798 Overseas Highway
Marathon., FL 33050
2/29/08 - Lakeview Gardens DevelQp1flf:nt Agreement
Page 14
Docll 1688538
Bka 23S2 PI' 2324
IN WITNESS WHEREOF, the parties hereto have caused the execution of this
Agreement by their duly authorized officials as of the day and year first above written.
Signed, sealed and delivered in the
Presence of:
c::::. 5q v,(..() CUZ.>
STATE OF FLORIDA
COUNTY OF MONROE
NORTHSTAR RESORT ENTERPRISES
CORPORA nON
a Florida co~o~ A
By: ~ ~j)
Constantin Zaharia
Its: President
APPROVED AS 0 R
CORREClNESS
By:
The foregoing instrument was acknowledged before me this 28th day of
February, 2008, by Constantin Zaharia.. the President ofNorthstar Resort Enterprises
Corporation, a Florida corporation, who is p~rsona1ly known J9 me, or _
who has produced as IdentrbcatJ.on and who did!
not take an oath.
Notary Seal
0) UMFIGMIDO
. ...., NlIIc - .... eI FIDdlII
..,tam '1. ,___21..1
CalmIIIIIoIl . DO JOtaM
...
Lt;~ ~..2..c& I -Co
Notary Public, State of Florida
Print Name: Lit.. ~ j ,'-c. J ,
My Commission Expires: C I 2.' I ::l.P . t
~~;.;.~
.~ ~.
1/31/08 - Lakeview Gardens Development Agreement
Page 15
Exhibits
Docll 1688538
Ski 2362 P.II 2325
A Survey with Legal Description of.LakcYiew Gardens
B Survey with LegaI Description of Resort Site
C DOAH Final Order Case # 04-1568 with Resolutions P55..()3 and P56-03
D Resolution P02-07
E Development Order #04-04
F Development Order #05-04
G Sample Inclusionary Housing Tracking Certi:ficate(s)
2/29/08 - Lakeview Gardens Dev,flcf'!"!P't Agreement
Page 16
Doc. 1688338
Bk. 2332 p._ 2326
~
txh;\o ,+ A
-f~ -- ~
--.... .
.E'-
,
A
..
~
~
"
ii
-
I;
a
.~
~
I
I
I
'.. ~ 1'!I'~i"~aprqfJ:::~"$$.iEiEE~r
. .. '."................................,.... I
J H f'JfqgfJfnfJJIifJqllfijHflR,lJ!~rrJflfr I ! '
r Jljo. r C [If f iii
' r fir'l ~.
'f i~
J
~i j ~i1lj !il~ IUl'ilj flifJi ~ -
I; tiff[. Ii, ., d~il[
~ : !H i: ~!I :.,if: mlJ f,,;:r
f~: Ij Ii ~:I 'IIi fir, .,
J j if II.
!'~I.tIIIJ' I f((~:l"
, i Ir j is I.>~.I
iIJIl>!; i I fr'lf!
idJriU!I! .ifH~
;'IJ,?lh IfJ~ i : i)!IJ ~
1)!.I!"i.l ~Il:j
I!'~ l~fJI~ fllj!.
IUlijf m ;fH!
il'I~~ J~J i'I~>J
:llilJ Ii! rJJ!if
If,i;J iC ~ J!Hlr
."
~~
ll~
I; '~
': I
II II I
, , i
EE I!ll E: J
5 ei III
[ 'I'!III Iii I
I I I ,ei
p I. ~
Ii ,
iii!
~'I
Ii .
I~
.,
~~
i
uuu........u...uuu..................... , !
J'n"n'w" m'lrInnuuff:":"Jr1 "':1 f I
lUUlClCUllllUlHlCllllUlHllllUlHum I
hl~Hml"'mu'c'm~'UIUmlt'Ut{t;HC ,
lU~ll'HU{ulIUUlUCltltlUC{llmUu,u I
IllUJlU.....UJlUlUauuU..uaIUJ.JtIU.. , I
IfU'UHnm'~m"'r':mrf'","nnrurf f
lllllUllUll UllllllUCllllllllltlUlUlllll I
m~I{UllllUtUt{llIlUllltmm\{IU{lhC '
U lClllllllcCll:lllUUlUUlUllllllllldlU I
10
.8
.
N
W...
CIIG)
NClD
ClD
.,.~
IItClD
.
~
N
....
WUllUUWU11IUU1JJUuuuuunwu , !
rnnf'f"rnrrrn":'rUtn''''fwrllrrml f I
UUlumUlUllUllllUCUUlllUlUllUUl f
ttlttltt{(IUt{II{ClUUCmttllC{llUtl{llll '
mtlll{{{IHl~II{UtUluUUllllllllUqllll
;~~~~~;;;;;;;;;;;i~;;;q;; ; I
mUIlUCUtuhutCUUUUllllOlU UUltc I
llttll'lmmHUU{U{ttlHlUlll{1 1I1{111 ,
CUf~mUm{{{m~'UtUlU~lltU~1 ll"Uf I
WlUwunwWlWWWUUIIWUlIlII , !
If'fnIUnrnrUJfrnrrnrrurnrnnHr'JU f I
lllltllllllCllUlllmm{llmtcUlUmU~f {
IttllClUtllll~H{llf{l{tU:~I{I{{IUClI~Cm ,
{UCt'~1l {I {{~H{{I~{Of{l~{{H{fl{{U~ICf{~cC I
lIUI1UD.IlIllU1l1lWlUlUUUW'IIUtu , I
n I J,wnJIIJI'r,JfJ Jurn u!rrnnnrn1rrr f
J ,In " I" , ,
UClUd:llfU~mUtmmu{uUCUUUUUl {
l{lll~{U {~'t"tll{~~I{{ml'I{Um{ ut'llll ,
~Hft:{l {~'{fl{I'I{{{.ltU{fCIU{U{1 Uflllll I
;~::;;;;;;;;;;~~;~;~:~;;:::: ; I
", 1,1, nil I
UlI{HCUUUlCllllUtfl:Hlu IUUUflClm I
'Ulttlltt\Cllml'lUt~l~ttlltll"U'CHllt ,
tCUucUU~UlHl{UlflC{UCllUlIUC~ffCG~ I
UflWWWJWlUUlUJUIIWUWUUUl , !
rlUJrn'nlrrrrnfrlrmrrf'rnnlflfmUJf f I
lClUUlUllUlCUlft(UUfIUlllUUUf{llUI
llllUUflumu {1~IICUU\IWU{{Ull{lCll ,
lmllluUHcUl~mH{{UllUUmCUf{llt{ I
;W;;;:;W;;~~:;;;;:;;;;;;;::~:",r' ; !
I I n I I, I I I I
UlClllllUllUUlUUHlUllflllUlUllllCll {
lllllllltllltm'lmHlttl.llclllW~~II{~{ ,
lCCflllIUllll{t\(ClHlUlllflUlHlCUlllt{{ I
UW1UUWlIiUlIWUUlUawIUIIIUW , !
wnnrfJf'fuffrfrrrrnunrnfrfnf'ufuf f I
llUtlllcllllllllllUlCUlUlfllflUUlUUlll
ll:~lmltlIUlUUltl'-t{U{{{IlUlHlIIUlll ,
llltUllllftlllUUlllCllUhmutulllllm I
:::~r;;;;;;r,trJ Ulrrr~:~:u""'lrr~~;::;r;;;;WIIIWUrllrJ; !
1'r1 II I I'" I "" f f I I
lUllllUlUlUlt mUllUulmllfUlUlUll~fllUllltuUlH I
1l{~<<IlUlUll utttmtluUt~t\U{ltlllll{(Il'mtl.I'IIU '
IIUluutllJ.llU lIIUttCll{llUU{U'lUUllUlltllUulUflll
Docl 1688!538
Bkl 23!52 PSi 2328
( i ~ \' b ; + ()
I
I
j
I
I
I
I
I
i
I
I : .;
I
I 0;,
II) "
'0
..".
j ...J
.'
.'
Docll 1688538
Bkl 2352 PI. 2329
.
:: == ___....... .M
-'W..n.b.. ~7Y
"'- ........ _~ I
,f>
!.J:r~., '"
\ li .
I; '.I"l ~ I "..
- 1:-' I .~'..
,It if! -, ~,-';'::-"
- .~' III ~
. ! ... ~ I I. ~~,
: f -1 ,~. ,.- ,
.! I I, Fir - ..,~~ -....
J t'l 4i!: ~ ~, ...
f~ - .,. ~; - ". ~l "-
/:_ ,--..." I r~- ~.
.R1IN ~~ J' f .:>-:. r .. ,: ~ - -- ..~
l !!~'>i. =r I :~ -' - /' \
~! 4'l r~.J .: ! -<..1 _ ~
I l"l' ~'f~' - .:: a~'.'. ~
II . . 'r ) - I" . ., !t
, I' '.~ . ~ I "t!:'../ I .
I '-- ';; . .', i4 .;.t. - ~ -' r/], . 14711 - =r.
, ...--_ : ~;!/I.~ {11~ ;,.. ~ "~ ';..::~I .A. ljJ
~~'tJl.:''! :~'~1:~.~ti ~,,~~ 7L - T _ ..f~{c.?!:~. !11
9 rk:)', ~, - - ~.,/...":: ,1;..
,,~ I, ,.~ ......!J
,-r . ~.~. - ~ I' .... ....~~--
* ~.( ~ ~. "'" I .
I .;;;.y; I ~~~''''' J ~'r -~. J ~
11 '. ...' rh - . c
\ /j'-'- ,q' - -. ..-
{., "~' ~ !ll , .... t;- ~ (~-i;-:= I'
,~ lj..... -fIJ'" , - '. '\ .~
c.-.;J ~J / .,1 -. '"
, ) --, ~...;{ 1 ...: -
"' ~. . .. ~I"-"-
t j,\'1 . ~~ .....~i.,'...-', -~4/~f f'
~Ilip'J' . ,.. .... i:'j ....,. ..:.._~ /..
If l~~:J ~~ ~.:I - ~
1:l'i~~ ~ _ "-.;,' w~. /,'. . "I"
d .; ~ r ~. 'Oi" I~""~ .....J--- .' . f
.,: II . I .,/ . ~ - -~...~.- ,_.
~ ? ~,; ..~r .. ! . ~ :. ;:~ /"'~.'" ,-.
'\ 4 ~':ll IIJ I I '. ' w ~.Ji...... "
,~ '~I ,.! 1 .""'. .DI!~ "~-
\., l · ., . ~ - - - i8' il . . .
....' ~,~ ,J . ~ '-..f =~ I I
. t. ~, ~ I' ~ I' ....' ~ (.......... -2 "T-
,:. '-f./ t r /'\../ ....~. .{,) ~_'"!! I H_
r I V Fj ,,.....~...,, "<,,1 a ~,'-'
.;- A '1 1 'I], '.;"00; J ~ ... / h - I 't,
~i. ~,~~ ~I i. " i :., ",." /~y I .~~; if -
~';l r ..' . ~ " . ,).,: ~.~....~~,i:".
\.~ J ...It ~I -;- ~Z;9 _._~. \ .-l'-
"'," ':,-, . '.T.~f i I "': ~)' i~
,it.:. ./.,:.-~ ~~ ~ ~.!! -!
r 1 .~, ,~.~. " ~"'}
, ,A.:.',....~. J ~ .. · ~p
'. I "q;}.i~ ~ ~. . J. .,
.~... I ~4....' ',,'.' ,~ ~ ~\ 'i!
" 1 · ~...-:- ~~~ " oi ", .
. '. .~~ ~~. ~~'''''":b
.~i>~ - ~. J i
'1,. . -"... ~.. I
-4
/<. /. ;,. ~ ; Js-~
< ' ;~ .J(/ ..;:iF<' J I
.. <.,f.4 .....J "~". ~ i
"b-./<),...';' .~ .--..:. . .
~-:..... ;:...,,/7. ;:'!! o\.~ :> ~,~ .~~....
'<t/'S8 -;'~:'7\ :"'-:'" \.'~ '\: ..f;.:"....~;~ :;
".:. .~~.. ~\;"'" ';../.. _-i';'-' ~:.t l ~
'. .;, , -....... ~ "f'. . 'f'
:fI, '...-....-;,. ........ I.
-.; ... "'-=- ~~ ~ 'K ~ .......
" .:"", 'O~I e...- ,
,_., . j
",'~ ,L5 I~~l ~~'~-
",.. ~:I
.........-: ~-'
..... ~.
-I' :a~F~~
~ ;'''$i., !
'..I ~I
J
.
'. f
I
;
i
0.>
.."
0'
ill
l;
~~ t"
fl' I
J.
,
<'-,
I~
"
J
f
J)
i! I.
ff ~I
lit ! IIi
,J .f J W
/~'f If rl I
iil~ I 'I tit
'illJ J, !.i ~ 'I
;'fll # (I Ii I,
tfl:lJif~J 'Jhl
,~4~~ }{~~~ t ~~( ~
$;~"it,.!j .11 i '~!J I
~ i:'.~jAfh' ~;..~~ I
r
~
"
J ;
~
i l
II :
loW (M,I.)
1
~! I
~ !
; I
I I
IS
I . : l!
I ~
I,d
(; ij
--r
s
i
3
I .~
~' ~
r
J
f
j
I
I
I
I
,
~. ~
~ ~.
~., ~ ~
... .~
-J .~
~
'.
Doc. 1688538
SkI 2352 PsI 2330
b
I
.
I
~
J
i
i I ., ,~
f dfl d t I,
" fl" 11 I . !~ I
· 'Ill P ~ I J!
sUI f'i! Ii if't': r,
f f!J"f~ff 1.,.lltlt 1ft
J .: ~'Jii: :~I,mJ Ii:
't~t'tibJtf .JJJJ~I: l'l'
t) Utt'J Hn I tjl.
H "I" ill, 'II!) j', fll
J i f _ ,II 'i J
Hl:I'!illf':ItI~JI' Ih
~ !'liGJlft~iijilj~ !::
. ~jjj ~ . j L __ !
J.
Ii
If!;;
! mmgmmDHI
';1 ~~n~=m~~n'a~!i~
Iii ~~E..
.. li&~miln~.rlft~tl;l
i
tJ 'I. ,t ,'.d
Sf tj!~ Ir.~ ."Ji~
Id~ e1fi ifi.HI
i ft:~l~:~]H~~
1,~I.,,~I"dll~ll
iJQ^F, '~""~I
l!n:J!ifi!jm~~
u;. u!ffiFtUtiilfUJ
(i
f r-1t-'
~Jl Ii I
;.: 5 pI It
~-.
I I
:1
:1
fl
:.
!
I
.
I !
.
I
I
I
i
I
:~ i G;~Gm~~;~I~l~!I!UU!I~!!~
IE
)!
,J
J!~
f"
J!~ I :H~f~jffmmimmUUi~i
, il~', J
f:ri J i'ill~f:~i :JI~ .~hfi,. !j~k'1i}J'i~i
~f:'f 15i t!J-1i ~J ~!'J!I.n.. f oiii!i1:iHfi ti;;J-lJ'I'-I'
." f '~~n~'ir;1 "J. -I IHi~' , Iii ,iI.. J. '11 iO- I 11.;
I i1 !~Hi ;'1 'H ~l;I; ~ !,ijlliIl; ii~ ldbfzJ..;!;
i ifii ~;,!Ifh:!' r JdBfHI;":~f ~ m~.;~liifm fi'ij!n~JJh'l
~ ,m Ih~r.il~ ! ;1~ihNHJI5. 1.lilMW '.1 Ilf~nr.:f,.
; If'=' ~'i!ljPjJ ~ !!~J;&:;jt~ I W~'ill-l!;~" Imt:~j~~11
f i:!I~~!i";:!l' II'HJ~~'~~i~ i ,.~il!,~ ~~' i;li!t,~",'i~
; >r. '~fl~~:ii~~ ~ '~!II~IJi:!.~ ~ '~;~J!iJ'h'~f 10 Ii'; 1~1;lfl
, fit blttun , bfi,f!!LJ hi f !ffi~lUUhtJ. m. h~n~ if
I JI~~K it 'Iou a~
I m!J.{ ! ~{ ~ MnJ~ff
j~' i~IJ i'Jl W~Jp'~ I
?' 'F[' ~I ~:~9jij;~
; ~UfL@ ( 11~ .~r..'lffl
I i,~tf.{~ 1 ct'%_{l.IIi)'
i ~n~!i. : irJ~':'mJ~~
lk!!!f'. , f fi'lh~:n;~'
1 jl;p'~ J .!IiUiisiifll~:
j !!elft:d I !i~llijml~M
U
.J
>,
Ii
.:
f
R
I' /~
< ~
I! t I
I t-
, nj
~ Jr
I ~ ~ 11
t :: 1
~
~ !
~ f
~ l.
l t ~-
~ "
.j ,
V l,
., .
.. ;4
.r ..,
Jh jj
~ ..? ~ l'
['!: ~ 11
~~
_J