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Q. Commissioners' Item
BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 15, 2006 Bulk Item: Yes x No Division: BOCC Department: District 3 Staff Contact Person: Tammy Maly AGENDA ITEM WORDING: Approval of Jackie Harder to the SFWIB ITEM BACKGROUND: Jackie would be replacing Kerry Clernmons who has resigned the position. PREVIOUS RELEVANT BOCC ACTION: NIA CONTRACT/AGREEMENT CHANGES: NIA STAFF RECOMMENDATIONS: N/A TOTAL COST: N/A BUDGETED: Yes No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty ` OMB/Purchasing Risk Management DIVISION DIRECTOR APPROVAL: (Mayor Charles "Sonny" McCoy) DOCUMENTATION: Included Not Required DISPOSITION Revised 2/05 AGENDA ITEM # Monroe County Boards and Committees Appointment Information Board or Committee: South Florida Workforce Board Commissioner Appointing Member: Charles "Sonny" McCoy, District 3 Name of Member: Jacklyn R. Harder Address: 16 N. Marlin Ave. Key Largo, Fl. 33037 Date of Appointment: November. 15, 2006 Contact Numbers: 305-451-9295 / 305-451-1414 Reappointment No Date Term Expires 4/19/08 Name of Person Being Replaced: Kerry Clemmons Fulfilling Term of: Kerry Clemmons Jacklyn R. (Jackie) Harder 16 N. Marlin Ave. Key Largo, Florida 33037 Home: 305/451-9295 (jackie@key-dynamics.com) Office: 305/451-1414 (president@keylargochamber.org) SUMMARY A seasoned manager of 20-plus years, coach, skilled writer, speaker, trainer and group facilitator. EXPERIENCE President, Key Largo Chamber of Commerce, Key Largo, Fla. 2005 to present. Business development and advocacy organization of 385 members and $500,000 operating budget • Manage Visitor Center (71,000 visitors annually), Tourist Information Services for national and international clientele and general chamber services • Serve as liaison between businesses and governmental agencies • Research and implement new member benefits, such as discounts and group health insurance programs • Oversee annual fund-raising events • Facilitate policymaking and implement policy established by 13- member volunteer Board of Directors • Drive business to members by matching them to consumer needs • Promote new and existing businesses through comprehensive media management programs • Establish and work with all -volunteer committees in such areas as business development, women managers, legislation, budget and finance, etc. Owner, Key Dynamics, Key Largo, Fla. 2003 to present. A coaching, training and consulting firm. • Provide individual, group and corporate coaching to help people all over the world set and achieve personal and business goals. • Board of Directors' facilitator Associate publisher/editor, The Reporter, Tavernier, Fla., Knight iRidder Newspapers. 1998-2005. Community newspaper with $1 million revenue. Multiple Florida Press award winner, including several awards for promotion • Managed all editorial and production functions • Oversaw hiring, training and managing staff of 10 • Supervised 10-12 free-lance writers and photographers • Wrote editorials and columns • Served as company representative in the community • Produced five special niche publications a year • Redesigned newspaper • Initiated and managed transition to computerization Assistant metro editor/Neighbors editor, The Sun News, Myrtle Beach, S.C., Knight Ridder. 1994-98. Daily, 50,000 circulation. • Trained news reporters and interns • Produced four editions, up to 124 pages, each week • Supervised seven free-lance writers • Added people -friendly features such as homeowners', society columns • Delivered Zenger-Miller FrontLine Leadership training modules on core interpersonal skills: Giving Constructive Feedback, Getting Good Information from Others, Getting Your Ideas Across, pealing with Emotional Behavior and Recognizing Positive Results 3ournalism instructor, Coastal Carolina University, Conway, S.C. 1995- 98. • Created curriculum for a new minor in journalism • Taught journalism courses including Introduction to Mass Media, Design and !News Writing Editor, Florida Keys Keynoter, Marathon, Fla., Knight Ridder. 1976-93. Twice -weekly community newspaper with 12,000 circulation. • Hired and trained reporters • Assigned and edited all copy and photos • Created and managed newsroom budget • Created special -market publications • Converted newsroom to computers • Increased frequency of publication to two times a week EDUCATION • Bachelor of science, College of Journalism and Communication, University of Florida, 1975. News -editorial, Sociology, Speech • American Press Institute, "Managing the Weekly Newspaper," 2000 • Leadership Development Program for Executives, Miami Herald, 1992 to 1993 • Knight Ridder (Newspapers training programs in management skills, finance, cultural diversity and more • Facilitation workshop • Teleclass leader • Core Essentials Program graduate, CoachInc. TRAINING CERTIFICATIONS • Certified universal trainer for Zenger Miller, now AchieveGlobal • Work -process improvement master trainer, Knight Ridder • Setting expectations/performance planner, Knight Ridder COMMUNITY SERVICE • Chairman, Key Largo Chamber of Commerce, 2003-04 • Chairman, United Way of Monroe County, 2002-03 • Organized and moderated Leadership Monroe County media panel, 2004 • Interview coach for Miss Florida Keys (part of the Miss America organization), 2004 • Instructor, time management, Florida Keys Community College • Presenter, First Friday business seminars sponsored by the Key Largo Chamber of Commerce, 2004 • Created, organized and implemented public art program for elementary and middle school students, 2004 • Unsung Hero United Way of Monroe County, 2004 • Presenter, media relations, Florida Federation of Business and Professional Women's (BPW) 2003 state convention, Key West • Employer of the Year, Upper Keys BPW, 2002 • Royal court candidate, Black & White Ball fundraiser, Florida Keys Children's Shelter, 2002 • Graduate, Class X, Leadership Monroe County, 2002 • Organized and moderated political candidates forums, 1976-2002 • Facilitator, public speaking classes, 1991, 2002 • Organized and presented Lipper Keys BPW leadership development seminar, 2001 • President, Grand Strand (Myrtle Beach, S.C.) BPW, 1995 • Career Woman of the Year, Grand Strand BPW, 1994 • President, Marathon Rotary Club, 1992-93 • Employer of the Year, Marathon BPW, 1993 • President, Marathon BPW, 1991-1992 • Graduate, Class IX, Leadership Florida, sponsored by the Florida Chamber of Commerce, 1991 MEMBERSHIPS • Member of Business and Professional Women for more than 20 years in Florida and South Carolina • Florida Association of Chamber Professionals • Association of Chamber of Commerce Executives • Society of Professional Journalists, 1976-2005 • International Association of Coaches • Coachville • International Coach Federation • Former member, Upper Keys Rotary Club BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 15 2006 Division: BOCC Bulk Item: Yes x No _ Department: District 3 Staff Contact Person: Tammy Malby AGENDA ITEM WORDING: Approval of the dedication of the Child Witness Waiting Room to Judge R Payne for his service to the people of Monroe County for over thirty years ITEM BACKGROUND: PREVIOUS RELEVANT BOCC ACTION: NIA CONTRACT/AGREEMENT CHANGES: NIA STAFF RECOMMENDATIONS: NIA TOTAL COST: NIA BUDGETED: Yes No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing _ Risk Management DIVISION DIRECTOR APPROVAL: (Mayor Charles "Sonny" McCoy) DOCUMENTATION: Included Not Required DISPOSITION: Revised 105 AGENDA ITEM # SANpRA TAYLOR CIRCUIT JUDGE SIX'r E3ENT.R JEVICIAL G1110IIIT OV FLOnlDx 502 WHITEHEAn STRRBT HEY W$ST, FLOEIPA 33040 RAOUEL GALVAN JUOICIALASSISIANT October 23.2006 I loihorable Sonny McCoy Monroe County Mayor 530 Whitehead Street Key West, VL 33040 Dear Mayor McCoy. rE�K aNONE� 3n51292-3490 PAX: 305 /292-3434 In Januar\ . 2007, Monroe County will lose a dedicated public official when Chief Judge Richard G. Payne retires from the 16'" Judicial Circuit. Judge Payne has served the people of Monroe County for over thirty years as an Assistant County Attorney, County Judge and Circuit Judge. He has held his current Circuit Judge seat since 190 and has been elected each term since with no opposition. Monroe County has gone through many changes over the past thirty years and our court system is no exception. Judge Payne has seen our court system through Revision 7 to Article V of the Florida Constitution, which switched the majority of court funding lrom the county to the state. Judge Payne has also been actively involved in the design of the Freeman Justice Center. It was during the design phase that he became aware there Nvas no where in the new tkility for ctii1dren to wad. With his visiun, the l hiid Witiles.-i Waiting Room became a reality. Childress who are victims in a court case. or children facing dependency issues will now have their own space to wait. They will no longer have to share the same space with the accused. The judiciary and staff of the 16'�' Judicial Circuit would like to honor Judge Payne bL naming the Child Witness Waiting Roonl after hint. �tVe are respectfully regttcsting that you place this item on the November Board of County Commission agenda. If this item meets with Board approval, we would like to name the room "The Richard G. Payne Child Witness Waiting Room." If you have any questions or need any additional information, please do not hesitate to contact Chief Judge -Elect Sandra Taylor at 292- 3480. Thank you for your consideration. Sincerely, Sandra Taylor Peary Fowler Mark Chief Judge -Elect County Judge Circuit Judge Ruth Becker Wayne Miller Luis Ga is County Judge County Judge cuit Judge William . Ptom y County Judge BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting mate: November 15, 2006 Division: BOCC Bulk Item: Yes _ No x Department: District 3 Staff Contact Person: Tammy Malby AGENDA ITEM WORDING: The approval of the 380 agreement that will redevelop the King's Pointe site and the development of 60 units of affordable housing at the Lazy lakes RV Park. ITEM BACKGROUND: PREVIOUS RELEVANT BOCC ACTION: NIA CONTRACT/AGREENTENT CHANGES: NIA STAFF RECOMMENDATIONS: NIA TOTAL COST; N/A BUDGETED: Yes No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: CountyAtty_ OMB/Purchasing Risk Management _ DIVISION DIRECTOR APPROVAL: (Mayor Charles "Sonny" McCey) DOCUMENTATION: included Not Required DISPOS Revised 205 AGENDA ITEM # A 380 DEVELOPMENT AGREEMENT An Amendment to a Previous Agreement KING'S POINTE MARINA AND RESORT MONROE COUNTY, FLORIDA and the FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into by and between the County of Monroe ("County"), a subdivision of the state of Florida, King's Pointe Marina LLC ("KPM"), a Florida limited liability corporation, and the Florida Department of Community Affairs (DCA) pursuant to Sections 9.5-101 and 9.5-102 of the Code of Ordinances for the County of Monroe, and the Florida Local Government Development Agreement Act, Sections 163.3220-163.3243, 380.032 and 380.0552, Florida Statutes (2002). WITNES SETH: WHEREAS, KPM is the owner of real property in Monroe County, Florida, located within County at the intersection of Maloney Avenue and Peninsular Avenue on Stock Island, consisting of three parcels with approximately 9.46 acres of uplands (the "KPM Parcel") as more particularly described in the boundary survey attached hereto as Exhibit A and incorporated by reference; and WHEREAS, the KPM Parcel is part of a larger parcel of land ("Marina Parcel") which contains the KPM parcel as well as a boat slip condominium of ninety-six (96) slips, a residential 10/30/06 King's Pointe Development Agreement Draft 1 Page 1 of 26 condominium of twenty-two (22) units, and dry boat storage condominium; and said larger parcel totals 11.12 acres in size and is more specifically described on the attached sketch of legal descriptions attached hereto as Exhibit B and is incorporated by reference; and WHEREAS, principals of KPM are contracted to purchase a parcel of real property in Monroe County, Florida, located within County at approximately mile marker 20 on the Oceanside/South side of U.S. 1, commonly known as the Lazy Lakes Campground, consisting of one parcel with a total of approximately 12.55 acres of uplands, developed with fifty (50) mobile homes and forty-eight (48) recreational vehicles sites, all of which represent Residential Rate of Growth Ordinance (ROGO) exemptions which the County and DCA recognize may be transferred to eligible sites such as the KPM parcel in any part of the County, and the Lazy Lakes parcel is more particularly described in the boundary survey attached hereto as Exhibit C and is incorporated by reference; and WHEREAS, Sections 380.032 and 163.3220 Florida Statutes authorize the Department of Community Affairs (DCA) to enter into agreements with landowners and or local governmental entities to effectuate the provisions and purposes of the Environmental Land and Water Management Act, which created the Florida Keys Area of Critical State Concern; and WHEREAS, KPM is the successor in interest to Key West Oceanside Marina, Inc. which entered into a development agreement with Monroe County dated February, 2000, a copy of which is attached hereto as Exhibit D; and WHEREAS, the parties agree that it is in their best interests to achieve the goals of this development agreement by modifying the existing development agreement (Exhibit D); and WHEREAS, the parties agree that the principles, entitlements, and understandings agreed to by the parties in Exhibit D will remain in force where not in direct conflict with any provisions 10/30/06 King's Pointe Development Agreement Draft 1 Page 2 of 25 in this amendment; and WHEREAS, in numerous ordinances adopted by the County, the Board of County Commissioners has expressed its desire to encourage development and redevelopment of marinas in the County when that redevelopment increases or maintains access to water and waterfront areas, enhances the economy of the County for the benefit of its residents, improves the good appearance of the County, enhances the County's ability to support needed improvements in infrastructure, encourages the provision of needed affordable housing and encourages other redevelopment efforts for the economic growth, prosperity and welfare of the residents of County; and WHEREAS, the County at every opportunity has encouraged the provision of affordable housing by changing the land development regulations, entering into development agreements to provide incentives for the private development of affordable housing and also pursued opportunities for creating public -private partnerships to create such housing; and WHEREAS, the King's Pointe Marina employs a number of persons who reside in County, is an integral part of the economy of the County and Stock Island, and attracts tourism to the County and Stock Island; and WHEREAS, redevelopment of King's Pointe Marina will further the County's policy of encouraging redevelopment of marinas in a manner consistent with protecting this vital part of the economy in the County; and WHEREAS, the present total development on the Marina Parcel consists of one hundred fifty-eight (158) dry slips, twenty-two (22) residential condominium units, ninety-six (96) condominium wet slips and associated commercial development including restaurant, lounge and ship's store; and 10/30/06 King's Pointe Development Agreement Draft 1 Page 3 of 25 WHEREAS, KPM further desires to upgrade and improve the King's Pointe Marina property by addressing storm -water runoff, providing for employee/affordable housing in another location, upgrading marina pump -out facilities to meet current standards, bringing the development on the Property into compliance with setback, open space, buffer yards, and other similar requirements in the County's LDRs to the maximum extent practicable; and WHEREAS, the transferable ROGO exemptions from the Lazy Lakes site which KPM wishes to transfer to the King's Pointe Marina parcel are exempt from the requirement to obtain ROGO allocations in order to be redeveloped and, therefore, are entitled to ROGO exemptions under Section 9.5-120.4(b)(d) of the County Code, in that redevelopment or replacement of the units does not increase the hurricane evacuation times for residential units in the County; and WHEREAS, the redevelopment of the King's Pointe Marina property authorized by this Agreement is reliant upon the ROGO exemptions attributable to thirty-two (32) of the mobile home units at the Lazy Lakes site and requires a transfer of these thirty-two (32) ROGO exemptions or development rights to the King's Pointe Marina site; and WHEREAS, the County has directed its staff and the County Planning Commission to prepare an ordinance that will allow the transfer of market rate transferable ROGO exemptions from one parcel to another when such transfer will enable and promote the provision of affordable housing either on or off site; and WHEREAS, the County Planning Commission has, after numerous public hearings, recommended approval of such ROGO transfer/affordable housing ordinance and also, at the direction of the Board of County Commissioners, reviewed an ordinance which will relieve, to a degree, the requirement that boat storage facilities meet Floor Area Ratio (FAR) standards and the Board of County Commissioners has scheduled hearings on the ordinance and anticipates 10/30/06 King's Pointe Development Agreement Draft 1 Page 4 of 25 action being taken on the ordinance in a very short period of time, which will allow the transfer of thirty-two (32) ROGO exemptions from the Lazy Lakes site to the KPM Parcel, but such ordinances may not become effective for many months and are subject to challenge by unrelated third parties which may further delay the implementation of such ordinances; and WHEREAS, the King's Pointe Marina property is presently zoned Mixed Use (MU) which will allow the construction of new multi -family housing enabled by the transfer of ROGO exemptions; and WHEREAS, the upland land area on the King's Pointe property is sufficient to meet the density and intensity requirements in the County Code for all development approved in this Agreement; and WHEREAS, KPM has been working with County on a development agreement that would allow the redevelopment of the King's Pointe Marina property as provided in this Agreement; and WHEREAS, KPM has provided public notice of the parties' intent to consider entering into this Agreement by advertisement published in a newspaper of general circulation and readership in County, posting the King's Pointe Marina property subject to this Agreement, and mailed notice to the persons and entities shown on the most recent Monroe County Tax Roll to be the owners of property lying within 300 feet of the boundaries of the King's Pointe Marina property subject to this Agreement; and WHEREAS, the County Planning Commission held an advertised public hearing on October 11, 2006, to consider this Agreement, and recommended approval of the Agreement to the County Commission; and WHEREAS, the County Commissioners of Monroe County held an advertised public 10/30/06 King's Pointe Development Agreement Draft 1 Page 5 of 25 hearing on , 2006 to consider this Agreement and the recommendation of the Planning Commission, and to accept and encourage public input with respect to the proposal of KPM contained in this Agreement, and has considered the Planning Commission recommendation, the County staff report, and public input; and WHEREAS, the County Commissioners of Monroe County has determined that this Agreement is in the public interest, is consistent with its policy to encourage the redevelopment of marinas in County consistent with maintaining water access, and will further the health, safety and welfare of the residents of County. NOW, THEREFORE, in consideration of the mutual promises and undertakings contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: L RECITALS. The foregoing Recitals are a part of this Agreement on which the parties have relied and are incorporated into this Agreement by reference. IL PURPOSES OF AGREEMENT. The parties agree as follows: A. To authorize the redevelopment of the King's Pointe Marina property consistent with the County's land development regulations, the Future Land Use Element Policy 101.4.23 (recognition of legally established units) and Policy 601.1.5 encouraging private initiatives for the provision of affordable housing; and B. To recognize that there are ninety-eight (98) ROGO exempt units at the parcel to be owned by KPM known as the Lazy Lakes property on Upper Sugarloaf Key consisting of forty-eight (48) Recreational Vehicle spaces and fifty (50) mobile homes units/spaces; and C. To allow development of thirty-two (32) additional units on the KPM multi- 10/30/06 King's Pointe Development Agreement Draft 1 Page 6 of 25 family parcel by the transfer of thirty-two (32) of the ROGO exemptions from the Lazy Lakes parcel; and D. To authorize the creation of fifty (50) units of affordable/employee housing utilizing the remaining forty-five (45) of the ninety-eight (98) ROGO exemptions on the Lazy Lakes parcel and five (5) other ROGO exemptions elsewhere owned by KPM to be transferred and to be constructed by KPM on the Lazy Lakes parcel within a period of three (3) years of the effective date of this Agreement; further, to develop an additional ten (10) units of affordable housing on the Lazy Lakes parcel subject to obtaining affordable housing ROGO allocations from the County, bringing the total number of affordable housing units at the Lazy Lakes site to sixty (60); and E. To allow the transfer and redevelopment of twenty-one (21) market rate units from the Lazy Lakes parcel elsewhere in the County derived from the remaining twenty-one (21) ROGO exemptions on the Lazy Lakes parcel, not otherwise transferred to the KPM site or used on site for affordable housing. Such transfer of the twenty-one (21) ROGO exempt units shall be approved by Monroe County according to the process provided in this Agreement. That process shall be as follows, the units transferred from Lazy lakes may not 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. Such transfers shall be at such time KPM identifies a suitable eligible site and so notifies the County; and 10/30/06 King's Pointe Development Agreement Draft 1 Page 7 of 25 F. To facilitate the permanent removal of at -risk RV and mobile home units on the Lazy Lakes parcel and development of ROGO-exempt units on suitable uplands in structures that meet wind load standards for tropical storms and hurricanes; and G. To secure the ability for KPM to further lessen the environmental impacts of the development on the KPM parcel by connecting all existing and proposed development to the Stock Island wastewater facility, appropriately addressing stormwater runoff, upgrading marina pump -out facilities, and bringing the development on the property into compliance with setback, open space, buffer yard and other applicable LDRs; and H. KPM and the County acknowledge that the transfer of the thirty-two (32) ROGO exempt units from the Lazy Lakes parcel to the KPM parcel shall be accomplished and finalized by means of this Agreement becoming effective; and I. To allow the density associated with the individual Transferable ROGO Exemptions (TREs) at Lazy Lakes to be transferred with the TREs to King's Pointe and other eligible sites anywhere in Monroe County as otherwise provided for in this Agreement and not require the acquisition or use of transferable development rights; and J. To discount and eliminate the proposed boat barn dry storage facilities at King's Pointe Marina from Floor Area Ratio calculations and standards applicable to the KPM site. K. To allow KPM to construct an additional 1,200 square feet of space on the existing restaurant at King's Pointe to provide private dining club facilities, and to permit such as simple addition to the existing building permit for the renovation of the restaurant. 1. To allow the County to enter negotiations for the purchase of the Lazy Lakes property from KPM or a related third party for up to 65% of the 9appraised market value of the Lazy Lakes site. 10/30/06 King's Pointe Development Agreement Draft 1 Page 8 of 25 III. DEFINITIONS. For the purposes of this Agreement, the following terms shall have the following definitions: Affordable Housing shall mean housing as defined in Sections 9.5-4(A-5) and 9.5-266 of the Monroe County Code, restricted to use as affordable housing for persons or households meeting the income criteria described in the regulations for a period of fifty (50) years, renewable by County for two successive periods of fifty (50) years each. One or more such restrictive covenants shall be recorded in the public records of Monroe County, Florida, by the Owner, at its sole expense, prior to issuance of a Certificate of Occupancy for each unit to which the recorded restriction applies, with copies of the recorded restriction(s) provided to County and to the state land planning agency within a reasonable time after recordation. Agreement shall refer to this Development Agreement, as the same may be subsequently amended, modified or supplemented pursuant to its terms and provisions and pursuant to the provisions of Sections 163.3220, and 380.032 et. Seq., Florida Statutes. Annual Report shall refer to the report filed by KPM with County and (as and when applicable) the state land -planning agency. County Code or LDRs shall refer to the land development regulations in the Code of Ordinances of the County. Comprehensive Plan shall refer to County' s 2010 Comprehensive Plan, Development shall refer to the development of the King's Pointe or Lazy Lakes property for uses permitted by the Comprehensive Plan and the County Code, subject to the conditions, obligations, restrictions and terms contained in this Agreement. 10/30/06 King's Pointe Development Agreement Draft 1 Page 9 of 25 herein. Effective Date shall refer to the date this Agreement becomes effective, as set forth King's Pointe or Lazy Lakes shall refer to one or more of the parcels of real property located in the County that are subject to this Agreement. Public Facilities shall refer to those facilities that are specifically described in Section 163 .3221, Florida Statutes, and as set forth in this Agreement. State land planning agency shall refer to the State of Florida Department of Community Affairs, or any successor agency. 2010 wastewater standards means the best available treatment standards established by Laws of Florida 99-395 for onsite sewage treatment and disposal systems, codified in Section 381.0065, Florida Statutes. IV. STATUTORY AND CODE REQUIREMENTS. The parties recognize the binding effect of the Florida Local Government Development Agreement Act, Sections 163.3221, et seq., and 380.032 Florida Statutes, as to the form and content of this Agreement and in accordance therewith set forth and agree to the following: A. Legal Description and Ownership. KPM is the sole owner of the King's Pointe Marina property that is subject to this Agreement as described in the Boundary Survey prepared by Fred Hildebrandt LS drawing 02- 207 attached hereto as Exhibit A, and the Lazy Lakes parcel described on the boundary survey attached hereto as Exhibit C. B. Duration of Agreement. This Agreement shall remain in effect for ten (10) years from its effective date as defined herein. 10/30/06 King's Pointe Development Agreement Draft 1 Page 10 of 25 C. Existing Development. Existing development on the King's Pointe Marina property is identified on the surveys attached hereto as Exhibit A and Exhibit C and incorporated herein by reference. D. Permitted Uses, Phasing and Affordable Housing. 1. The development permitted on the King's Pointe Marina shall consist of those uses set forth herein, as identified on the Conceptual Site Plan attached hereto as Exhibit F and incorporated by reference. 2. KPM or a related third party shall develop forty five (45) affordable/employee housing units on the Lazy Lakes parcel as a first phase using the ROGO exemption credits existent at the Lazy Lakes parcel, and an additional fifteen (15) units as a second phase utilizing ROGO allocations to be obtained from the County. KPM shall obtain Certificates of Occupancy for the forty-five (45) affordable/employee housing units in Phase One prior to, or concurrent with construction and issuance of Certificate of Occupancy for the last or thirty-second (32" d) additional unit authorized by this Agreement at King's Pointe Marina. The proposed construction is illustrated on Exhibit E. The timing of the construction of the affordable housing units shall be dependent upon the availability of available affordable housing ROGO allocations from the County. County shall aid in the financial feasibility of the construction of the affordable housing at Lazy Lakes by agreeing to enter into negotiations with KPM or a related third party to purchase the Lazy Lakes site for a sum not to exceed 65% of the agreed upon appraised value of the Lazy Lakes parcel. KPM or a related third party shall execute one or more deed restrictions restricting the use of the affordable units to use as affordable housing for a period of fifty (50) years, renewable by County for two (2) additional fifty (50) year periods, and record same in the public records of Monroe County, Florida, at the Owner's sole expense, prior to issuance of a 10/30/06 King's Pointe Development Agreement Draft 1 Page 11 of 25 Certificate of Occupancy for each unit to which the recorded restriction applies. Copies of the recorded restriction(s) shall be provided to the County and to the state land -planning agency within a reasonable time after recordation. 3. All residential units developed on the King's Pointe Marina property under this Development Agreement may be used as transient vacation rental residential units as defined in Section 9.5-534 of the Monroe County Land Development Regulations, but the owners of individual units in the homeowner's association or condominium may, at their sole discretion, maintain a permanent residence at a unit on the King's Pointe Marina property. 4. For the duration of this Agreement, the parties agree that any and all of the approved development shall adhere to, conform to, and be controlled by this Agreement, the exhibits attached hereto and incorporated by reference, the County Land Development Regulations and the Comprehensive Plan governing the development of the King's Pointe Marina property on the effective date of this Agreement. In the event that all or a portion of the existing or authorized development subject to this Agreement should be destroyed by storm, fire, or other common disaster, KPM, its grantees, successors, or assigns shall have the absolute right to rebuild or repair the affected structure(s) and reinitiate the prior approved use so long as such development is in compliance with this Agreement. 5. The following exhibits are attached hereto and incorporated by reference: Exhibit A Boundary survey prepared by Fred Hildebrandt L drawing 02 -207 Exhibit B Sketch of Legal Descriptions to Verify Acreage prepared by R.E. Reece, P.A. dated 8.11.06 Exhibit C Site survey of Lazy Lakes property by Keith and Schnars PA, Project 15943C, Field book 978/28-39. Exhibit D 380 Development Agreement dated February 2000 between the County, DCA, Key West Oceanside Marina, Inc. and Paradise Island Park, Inc Exhibit E Conceptual Site Plan for Lazy Lakes Affordable Housing Exhibit F Conceptual Site Plan for King's Pointe Marina 10/30/06 King's Pointe Development Agreement Draft 1 Page 12 of 25 KPM shall not be bound by this Agreement to the building layout depicted (for illustrative purposes only) on the attached Conceptual Site Plan. Final Site Plans shall be configured as otherwise set forth herein and as permitted by the County LDRs, provided the densities and intensities set forth in this Agreement are met. 6. Applicable Density, Intensity and Building Heights. Density and intensity shall be as provided in this Agreement. Maximum building height shall be thirty-five (35) feet. 7. The thirty-two (32) additional residential units to be established on the KPM site are derived from thirty-two (32) of ROGO exempt units at the Lazy Lakes parcel owned by principals of KPM and such ROGO exempt units are recognized by Monroe County. E. Public Facilities; 1. The Florida Keys Aqueduct Authority provides domestic potable water. 2. Electric service is provided by the Florida Keys Electric Co -Op. 3. Solid waste service is provided by County Garbage Service. 4. Wastewater and sewage collection and disposal shall be by connection to the Stock Island Wastewater collection and treatment system at the time of building permit application. 5. Educational Facilities. The resort and commercial development of the King's Pointe Marina property, as contemplated by this Agreement, does not impact upon educational facilities. The King's Pointe Marina property is currently served by the following schools, operated by the Monroe County School Board: Key West County High School, Glynn Archer Middle School and Gerald Adams Elementary School. 6. Recreational Facilities. The King's Pointe Marina property includes recreational 10/30/06 King's Pointe Development Agreement Draft 1 Page 13 of 25 facilities for owners and guests of King's Pointe Marina, including swimming and boating opportunities. Therefore, redevelopment of the property will have no impact on public recreation facilities. 7. Any increased impacts on public facilities or public services attributable to each unit of the development, and the cost of capital improvements to meet the associated demand on such facilities or services, shall be assured by payment to County, concurrent with the issuance of the building permits for each unit, of any County impact fees required by Ordinance then in effect, as well as by payment by KPM of any applicable utility system development fees F. Local Development Permits. 1. 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: a. This Development Agreement; b. Major Conditional Use approval or amendment of the existing Major Conditional Use approval for King's Pointe and a conditional use approval for the development of the affordable housing plan at Lazy Lakes; C. The final site plan, landscape plan, drainage plan, building elevations and floor plans for both King's Pointe and Lazy Lakes; d. Building and related construction permits for all main and accessory structures, land clearing, and landscaping. At any time any building permit is applied for, KPM shall demonstrate compliance with all applicable Federal, State and municipal disabled -access regulations in effect at the time of application at both sites; e. Federal, State, regional, and local permits for stormwater runoff and dredge and fill activities, when necessary and if required. 10/30/06 King's Pointe Development Agreement Draft 1 Page 14 of 25 2. Nothing in this Agreement shall preclude the parties from applying additional conditions, by mutual agreement, during final site plan review or permitting. G. Finding of Consistency. By entering into this Agreement, the County and DCA find that the development permitted or proposed herein is consistent with and furthers the Comprehensive Plan (as defined herein), applicable LDRs and the Principles for Guiding Development for the Florida Keys Area of Critical State Concern set forth at Section 380.0552(7), Florida Statutes. H. Reservations or Dedications of Land for Public Purposes. The parties anticipate that KPM may reserve or dedicate land for public purposes in connection with the development authorized by this Agreement, but are currently unaware of the specifics of such reservation(s) or dedication(s). Reservations and dedications for public purposes in connection with this Agreement will be as required by the County's Comprehensive Plan and County Code. Such reservations or dedications may include, by way of example, easements necessary for the provision of stormwater, utility, and wastewater services to the Property. L Mutual Cooperation. County, DCA and KPM agree to cooperate fully with and assist each other in the performance of the provisions of this Agreement. J. Development to Comply with Permits and County Comprehensive Plan and Code Provisions. The development described in and authorized by this Agreement shall be developed in accordance with all required permits, and in accordance with all applicable provisions of the County's Comprehensive Plan and County Code in effect on the date of execution of this Agreement, except as otherwise allowed by this agreement. No Certificate of Occupancy for an individual building shall be issued until all plans for that building are approved 10/30/06 King's Pointe Development Agreement Draft 1 Page 15 of 25 by County and KPM has complied with all conditions in permits issued by County and other regulatory entities for that building. K. Compliance With Permits, Terms, Conditions, and Restrictions Not Identified Herein. The failure of this Agreement to address a particular permit, condition, term, or restriction shall not relieve KPM of the necessity of complying with the law governing said permitting requirements, conditions, terms, or restrictions. L. Laws Governing. a. For the duration of this Agreement, all approved development of King's Pointe Marina shall comply with and be controlled by this Agreement and provisions of the County's Comprehensive Plan and County Code in effect on the date of execution of this Agreement, inclusive of text changes and rezoning approved by the County Commission on the date of County's approval of this Agreement, if any. The parties do not anticipate that County will apply subsequently adopted laws and policies to King's Pointe, except as expressly provided in this Agreement. b. Pursuant to Section 163.3233, Florida Statutes, County may apply subsequently adopted laws and policies to King's Pointe Marina only if County holds a public hearing and determines that: (a) the new laws and policies are not in conflict with the laws and policies governing the Agreement and do not prevent development of the land uses, intensities, or densities set forth in this Agreement; (b) the new laws and policies are essential to the public health, safety, or welfare, and County expressly states that they shall apply to the development that is subject to this Agreement; (c) County demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or (d) the Agreement is based on substantially inaccurate information supplied by KPM However, nothing in this 10/30/06 King's Pointe Development Agreement Draft 1 Page 16 of 25 Agreement shall prohibit the parties from mutually agreeing to apply subsequently adopted laws to King's Pointe. C. If State or Federal laws enacted after the effective date of this Agreement preclude any party's compliance with the terms of this Agreement, it shall be modified as is necessary to comply with the relevant state or federal laws. However, this Agreement shall not be construed to waive or abrogate any rights that may vest pursuant to common law. M. Amendment, Renewal, and Termination. This Agreement may be amended, renewed, or terminated as follows: a. As provided in Section 163.3237, Florida Statutes, this Agreement may be amended by mutual consent of the parties to this Agreement or by their successors in interest. Amendment under this provision shall be accomplished by an instrument in writing signed by the parties or their successors. b. As provided in Section 163.3229, Florida Statutes, this Agreement may be renewed by the mutual consent of the parties, subject to the public hearing requirements in Section 163.3225, Florida Statutes and applicable LDRs: the County shall conduct at least two (2) public hearings, one of which may be held by the local planning agency at the option of the County. Notice of intent to consider renewal of the Agreement shall be advertised approximately seven (7) days before each public hearing in a newspaper of general circulation and readership in County, and shall be mailed to all affected property owners before the first public hearing. The day, time, and place at which the second public hearing will be held shall be announced at the first public hearing. The notice shall specify the location of the land subject to the Agreement; the development uses on King's Pointe, the population densities, and the building intensities and height and shall specify a place where a copy of the Agreement can be 10/30/06 King's Pointe Development Agreement Draft 1 Page 17 of 25 obtained. C. This Agreement may be terminated by KPM or its successor(s) in interest following a breach of this Agreement upon written notice to County as provided in this Agreement. d. Pursuant to Section 163.3235, Florida Statutes, this Agreement may be revoked by County or DCA if, on the basis of competent substantial evidence, there has been a failure by KPM to comply with the terms of this Agreement. e. This Agreement may be terminated by mutual consent of the parties. N. Breach of Agreement and Cure Provisions. a. If County or DCA concludes that there has been a material breach in this Agreement by KPM, prior to revoking this Agreement, County or DCA shall serve written notice on KPM identifying the term or condition County or DCA contends has been materially breached and providing KPM with ninety (90) days from the date of receipt of the notice to cure the breach or negotiate an amendment to this Agreement. Each of the following events, unless caused by fire, storm, flood, other Act of God, or events beyond the control of KPM, shall be considered a material breach of this Agreement: (1) failure to comply with the provisions of this Agreement; and (2) failure to comply with terms and conditions of permits issued by County, DCA or other regulatory entity for the development authorized by this Agreement. b. If KPM concludes that there has been a material breach in the terms and conditions of this Agreement by County or DCA, KPM shall serve written notice on County or DCA identifying the term or condition that KPM contends has been materially breached and providing County or DCA with thirty (30) days from the date of receipt of the notice to cure the breach. The following events, unless caused by fire, storm, flood, other Act of God, or events 10/30/06 King's Pointe Development Agreement Draft 1 Page 18 of 25 beyond the control of County or DCA, shall be considered a material breach of this Agreement: failure to comply with the provisions of this Agreement; failure to timely process any application for site plan approval or other development approval required to be issued by County or DCA for the development/redevelopment authorized by this Agreement. C. If a material breach in this Agreement occurs and is not cured within the time periods provided above, the party that provided notice of the breach may elect to terminate this Agreement or may seek to enforce this Agreement as provided herein. d. If any party waives a material breach in this Agreement, such a waiver shall not be deemed a waiver of any subsequent breach. O. Notices. All notices, demands, requests, or replies provided for or permitted by this Agreement, including notification of a change of address, shall be in writing to the addressees identified below, and may be delivered by any one of the following methods: (a) by personal delivery; (b) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; or (c) by deposit with an overnight express delivery service with a signed receipt required. Notice shall be effective upon receipt. The addresses and telephone numbers of the parties are as follows: To KPM Mr. Everett Atwell KPM LLC 1115 Marbella Plaza Drive Tampa, Florida 33619 Telephone: (813) 663-0401 With a copy by regular U.S. Mail to: Mr. Timothy Koenig, Esquire Feldman, Koenig and Highsmith, P.A. 3158 Northside Drive Key West, Florida 33040 10/30/06 King's Pointe Development Agreement Draft 1 Page 19 of 25 Telephone: (305) 296-8851 To County: Thomas J. Willi, County Administrator County of Monroe 1100 Simonton Street Key West, Florida 33040 Telephone: (305) 292-4441 With a copy by regular U.S. Mail to: Suzanne Hutton, Esquire County Attorney 502 Whitehead Street, 3rd floor Key West, Florida 33040 Telephone: (305) 292-3470 To DCA: Mr.Thaddeus Cohen, Secretary Florida Department of Community Affairs 2255 Shumard Oaks Boulevard Tallahassee, Florida 32399 P. Annual Report. On the anniversary date of the Effective Date of this Agreement, KPM shall provide County and DCA with a report identifying (a) the amount of development authorized by this Agreement that has been completed, (b) the amount of development authorized by this Agreement that remains to be completed, and (c) any changes to the plan of development that have occurred during the one (1) year period from the Effective Date of this Agreement or from the date of the last annual report. Q. Enforcement. In accordance with Section 163.3243, Florida Statutes, any party to this Agreement, any aggrieved or adversely affected person as defined in Section 163.3215(2), 10/30/06 King's Pointe Development Agreement Draft 1 Page 20 of 25 Florida Statutes, or the state land planning agency may file an action for injunctive relief in the circuit court of Monroe County, Florida, to enforce the terms of this Agreement or to challenge the compliance of this Agreement with the provisions of Sections 163.3220-163.3243, Florida Statutes. R. Binding Effect. This Agreement shall be binding upon the parties hereto, their successors in interest, heirs, assigns, and personal representatives. S. Assignment. This Agreement may not be assigned without the written consent of the parties. T. Severability. In the event any provision, paragraph or section of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, such determination shall not affect the enforceability or the validity of the remaining provisions of this Agreement. U. Applicable Law. This Agreement was drafted and delivered in the State of Florida and shall be construed and enforced in accordance with the laws of the State of Florida. V. Litigation; Attorney's Fees; Venue; Waiver of Right to Jury Trial. As between County and KI M, in the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover all reasonable costs incurred with respect to such litigation, including reasonable attorneys' fees. This includes, but is not limited to, reimbursement for such reasonable attorneys' fees and costs incurred with respect to any appellate, bankruptcy, post judgment, or trial proceedings related to this Agreement. Venue for any legal proceeding arising out of this Agreement shall be in Monroe County, Florida. The parties to this Agreement waive the right to a jury trial in any litigation arising out of or initiated under this Agreement. 10/30/06 King's Pointe Development Agreement Draft 1 Page 21 of 25 W. Use of Singular and Plural. Where the context requires, the singular includes the plural, and the plural includes the singular. X. Duplicate Originals; Counterparts. This Agreement may be executed in any number of originals and in counterparts, all of which evidence one Agreement. Only one original is required to be produced for any purpose. Y. Headings. The headings contained in this Agreement are for identification purposes only and shall not be construed to amend, modify, or alter the terms of the Agreement. Z. Entirety of Agreement. This Agreement incorporates or supersedes all prior negotiations, correspondence, conversations, Agreements, or understandings regarding the matters contained herein. The parties agree that there are no commitments, agreements, or understandings concerning the subjects covered by this Agreement that are not contained in or incorporated into this document and, accordingly, no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether written or oral. This 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 signed by the parties. AA. Recording; Effective Date. KPM shall record this Agreement in the public records of Monroe County, Florida, within fourteen (14) days after the date of this Agreement. A copy of the recorded Agreement showing the date, page and book where recorded shall be submitted to the state land planning agency by hand delivery, registered or certified United States mail, or by a delivery service that provides a signed receipt showing the date of delivery, within fourteen (14) days after the Agreement is recorded. KPM shall also provide a copy of the recorded Agreement to County within the same time period. This Agreement shall become effective thirty (30) days after the date it is recorded in the public records of Monroe County, 10/30/06 King's Pointe Development Agreement Draft 1 Page 22 of 25 Florida, and received by the state land planning agency. BB. Date of Agreement. The date of this Agreement is the date the last party signs and acknowledges this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year below written. Signed, sealed, and delivered in the presence of: KING' S POINT MARINA LLC, a Florida Limited Liability Corporation 2006 Bv: EVERETT ATWELL Signed, sealed, and delivered in the presence of: Signature Name of Witness (printed or typed) Signature Name of Witness (printed or typed) 10/30/06 King's Pointe Development Agreement Draft 1 Page 23 of 25 STATE OF FLORIDA) County OF MONROE) The foregoing Agreement was acknowledged before me on this day of 2006, by EVERETT ATWELL, the of KING' S POINT MARINA LLC and the respective witnesses and , who are either personally known to me or produced Florida drivers licenses as identification. (SEAL) Notary Public Name (typed, printed or stamped) My commission expires: On the day of 2006, the County Commission of the County of Monroe approved this Agreement by Resolution No. COUNTY OF MONROE M. ATTEST: Danny Kolhage, County Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Suzanne Hutton County Attorney CHARLES McCOY, MAYOR 10/30/06 King's Pointe Development Agreement Draft 1 Page 24 of 25 APPROVAL OF THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS: Un Print Name Secretary State of Florida County of Monroe This instrument was acknowledged before me on this day of 2006, by who is personally known to me or produced as identification and did not make an oath. Commission Number Notary Public My Commission expires 10/30/06 King's Pointe Development Agreement Draft 1 Page 25 of 25 08/14/2006 16:42 3058725622 REREECE PAGE 01/01 5KETCH Of LEGAL Dff Y ACREAGE 5CRIFTION5 TO VEKT .... ......... . .... .... ... .... d-A ...... . ..... ------- ------ - --------- - ----- .. . .. ........ rn ... ...... .. .......... 4. v gC .. ............. VN 121 41 W J. '611 �j 1 ... J ! T ..... .. . ...... A. 'T T P A I r .3 u r p- 1. V q I p 'I TOTAL rpor7PTY = 4iDG,00 I 5Q, 77. - I I. I G AGR ff!5 r,i,,,jG5 rQ! 'qTr- V ARI Nlk 5 a 50 N I lq 5L)LAp, pyE. � 4v r, FL 3304Q FKtj-kRf0 FiDK; CORTEX COMII'"tfn Dknul 8- 1 1.06 LEGAL 'Dlt5CPl FT10"45 p p_CVJD�C) DY THE CLIF-NT .4M Vr'A A�71W lr'� wl�. Lip! '! .. �+ K " BUpl. OIL kn Vill-n -fij 15 NIL, ooll r wj it r" t 7 i DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ("AGREEMENT") is binding on the "effective date" as set forth herein between the Monroe County (County), a political subdivision of the State of Florida; Paradise Island Park, Inc., (the "Park") a Florida Corporation; Key West Oceanside Marina, Inc., (Oceanside) a Florida Corporation; and the State of Florida Department of Community Affairs (DCA). WITNESSETH WHEREAS, Oceanside is the owner of real property on Stock Island, Monroe County, Florida, located at the terminus of Maloney Avenue at its intersection with Peninsular Avenue, being further described as attached hereto in Exhibit A — Survey of the Oceanside Property; and WHEREAS, the Park is the owner.of real property located at Sands Subdivision, Block 27, Lots 1 through 18, Big Pine Key, Monroe County, Florida, being further described as attached hereto in Exhibit B — Survey of the Park Property; and WHEREAS, both Oceanside and the Park are located in the Florida Keys Area of Critical Concern as defined by Chapter 380.0552 Florida Statutes; and WHEREAS, Sections 380.032 and 163.3220 Florida Statutes authorizes the Department of Community Affairs (DCA) to enter into agreements with landowners and or governmental agencies to effectuate the provisions and purposes of the Florida Environmental Land and Water Management Act, which created the Florida Keys Area of Critical State Concern; and WHEREAS, the Monroe County Year 2010 Comprehensive Plan contains objectives and policies that seek to preserve and protect Key Deer Habitat on Big Pine Key by directing development away from Big Pine Key (Objective 103.1, Policies 103.1.1, 103.1.7, 103.1.9, 103.1.13, and 207.7.1.); and WHEREAS, the Park is situated on Big Pine Key in the Sands Subdivision adjacent to Key Deer Habitat; and WHEREAS, at present, on Big Pine Key, there is a moratorium on the construction of residential, commercial, and transient development, including recreational vehicle spaces, due to the lack of sufficient US Highway 1 capacity for new trips generated by such uses; and WHEREAS, the following is a statement of the history and circumstances and status of existing uses, land -use applications, and development approvals that apply to the Park property: 1. The subject property is a recreational vehicle/trailer park with seasonal, residential, transient, and permanent tenants existing in recreational vehicles and mobile homes. 2. The Park has existed in this capacity for over thirty (30) years with local and state licenses for such use. 3. There is a total of forty-one (41) units of ROGO (Monroe County Dwelling Unit Allocation Ordinance) -exempt housing, or credits for same, on the site, and the County has acknowledged that the Park has the right to establish a maximum density of forty-one (41) units on the property exempt from ROGO. 2 of 25 Walker Development Agreement February 4, 2000 4. To be considered consistent with the 1986 Comprehensive Plan and its successor, the Year 2010 Comprehensive Plan, the owners of the Park have been seeking an appropriate land -use district (zoning) designation since 1986. 5. The Park sought to resolve issues arising from the applications to obtain appropriate zoning through litigation against the County, which the Park, the County, and DCA acknowledge has not completely resolved all issues regarding development. 6. Monroe County Circuit Judge Sandra Taylor has issued an Order, Writ of Certiorari, in Circuit Court Case No. 94-1528-CA-18 granting the Park its request to rezone the property from Improved Subdivision to Urban Residential Mobile Home; and WHEREAS, the Park, the County, and DCA agree that the Urban Residential Mobile Horne (URM) zoning designation and Residential High future land use designation would bring the Park into conformity as to use with the Land Development Regulations and to the Year 2010 Comprehensive Plan as to appropriate land use designation; and WHEREAS, the Park is currently non -conforming to the Year 2010 Comprehensive Plan. The future land use category, Residential Medium (RM), must be amended to Residential High (RH); and WHEREAS, the Park wishes to maintain the right to use or dispose of forty-one (41) units of vested density on the site as exempt from ROGO and also obtain the URM/RH land use designations in order to be able to replace existing units with replacement units that meet County Floodplain Management, Building Code, and Health Code standards; I 3 of 25 Walker Development Agreement February 4, 2000 WHEREAS, the County and DCA wish to reduce the density of the Park to that which would be consistent with the Land Development Regulations; and WHEREAS, with regard to the Oceanside property, the following is a statement of the history, circumstances, and status of existing uses, land use applications, and approvals that apply to the Oceanside property: i . Oceanside is a marina of four hundred thirty-three (433) wet and dry slips with accessory uses consisting of a restaurant, tackle shop, marine retail sales, and marine maintenance and repair. 2. Oceanside has obtained a major conditional use approval for modification of its land use approval in order to add twenty-two (22) units of single-family housing to the existing mix of uses, the whole of which is consistent with the Land Development Regulations and the Year 2010 Comprehensive Plan. See Exhibit C — Monroe County Planning Commission Resolution No. P52-1997 — Modification of Major Conditional Use — Oceanside Marina. 3. Oceanside Marina cannot complete the major conditional use by adding the residential units solely because of the fact that there are not sufficient dwelling unit allocations available according to the requirements of the Monroe County Residential Dwelling Unit Allocation Ordinance (ROGO), Sections 9.5-120 through 9.5-124.0, inclusive; and WHEREAS, both the Park and Oceanside were in existence at the time of the County's analysis and census of existing dwelling units, July 1990, whose results formed a major basis of the ROGO ordinance cited above; and Page 4 of 25 Walker Development Agreement February 4, 2000 WHEREAS, the County and DCA acknowledge that the transfer of ROGO exemptions from the Park is not currently allowed per the Land Development Regulations, Sections 9.5-120 through 9.5-124.0, inclusive; and WHEREAS, the County and DCA acknowledge that the transfer of excess residential density in the form of Transferable Development Rights (TDR's) is not currently allowed per the Land Development Regulations, Sections 9.5-120 through 9.5-124.0; and WHEREAS, according to the 1999 Monroe Public Facilities Capacity Analysis, there is excess traffic capacity for US Highway 1 serving Stock Island; and WHEREAS, the County and DCA acknowledge that the transfer of ROGO exemptions from the Park, which is in excess of that allowed by the Land Development Regulations for a property of that size, would meet several Objectives and Policies of the Year 2010 Comprehensive Plan with regard to Big Pine Key; and WHEREAS, the County and DCA find that entering into this Agreement furthers the Purposes, Goals, Objectives, and Policies of the Year 2010 Comprehensive Plan and the Principles for Guiding Development of the Florida Keys Area of Critical State Concern designation. NOW THEREFORE, the parties do hereby agree as follows: I. PURPOSE OF AGREEMENT The purpose of this Agreement is threefold: A. To resolve all existing litigation between the County and the Park with respect to the appropriate zoning and future land use designation for the Park property, the Page 5 or 25 Walker Development Agreement February 4, 2000 ability to replace existing units with permanent single-family home structures, and the ability to use or maintain the existing density on the property, and to transfer existing or credits for previously existing ROGO exempt units to other properties within the County. B. To allow Oceanside to become a receiver site for the excess ROGO exemptions available from the Park as enumerated above and to Iimit Oceanside's role in this Agreement to that purpose. C. To reduce the density of the Park property to a level consistent with its size and the Land Development Regulations zoning designation and Year 2010 Comprehensive Plan future land use category. II. STATUTORY AND CODE REQUIREMENTS The parties recognize the binding effect of 163.3220 and 380.032 Florida Statutes as to the form and content of this Agreement and in accordance therewith set forth and agree to the following: A. Legal Description and Ownership The properties that are subject to this Agreement are described in Exhibit A, a survey of the Oceanside property, and Exhibit B, a survey of the Park property. B. Duration of Agreement This Agreement shall remain in effect for ten (10) years from its effective date as defined herein. It is the intention of the County and DCA to promote rational and timely development of the properties to maximize best land use management practices consistent with the landowner's rights and commitments described herein. 6 of 25 Walker Development Agreement February 4, 2000 C. Permitted Uses 1. The development uses permitted on the properties, including the population densities and building intensities and heights are: As to the Oceanside property, the development approved is set forth in Exhibit C, Oceanside Development Order No. P52-1997, inclusive of twenty-two (22) single- family residential units enabled by the transfer of ROGO exemptions from the Park. As to the Park property, the allowed uses shall be the following: a. Residential use — nineteen (19) units of housing subject to the conditions set forth in Sections II DA; II E.2; IV B.1, 4, 5, and 6; IV D.2; and IV E. of this Agreement and other appropriate uses. b. Accessory uses, including but not limited to sewage treatment plant, landscaping, and accessory storage for each unit. For the duration of this Agreement, the parties agree that any and all of the approved development shall adhere to, conform to, and be controlled by this Agreement, Exhibit C, the Land Development Regulations, and the Year 2010 Comprehensive Plan governing the development of the land effective when the County, Oceanside, the Park, and DCA execute this Agreement as authorized by Section 163.3220 and 380.032, Florida Statutes; however, in no way shall this section require Oceanside to undertake the responsibilities of the Park, nor shall this section require the Park to undertake Oceanside's responsibilities. 2. In the event that all or a portion of the existing or authorized development subject to this Agreement should be destroyed by a storm, fire, or other Page 7 of 25 Walker Development Agreement February 4, 2000 common disaster, Oceanside and the Park, their grantees, successors, or assigns shall have the right to rebuild or repair so long as such work is in compliance with this Agreement. D. Public Facilities 1. The Florida Keys Aqueduct Authority provides domestic potable water to both properties. 2. Electric service is provided by City Electric System to both properties. I Solid waste service is provided to both properties by a solid waste collection system franchised by Monroe County. 4. The Park shall provide wastewater and sewage collection and disposal via an onsite package sewage treatment plant approved by the Florida Department of Environmental Protection (DEP) or the Health Department at the time of building permit application. 5. Oceanside collects and disposes of its sanitary sewage wastewater via an onsite plant approved by DEP. E. Local Development 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. Approved Development Permits a. This Agreement b. The approved, final site plan, landscape plan, drainage plan, and building elevations and floor plans as encompassed by and referred to in Monroe Page 8 of 25 Walker Development Agreement February 4, 2000 County Planning Commission Resolution No. P52-1997 attached hereto as Exhibit C for the redevelopment of the Oceanside Marina. 2. Further Development Permits Required a. Amendment of the future land use category of the Park from Residential Medium (RM) to Residential High (RH). b. Approved minor conditional use development order for redevelopment of the Park. c. Approved minor conditional use development order for the transfer of one (1) TDR and ROGO-exempt dwelling unit from the Park to a receiver site. The Park shall file the minor conditional use development application at the time it identifies a site for the transfer. The County will charge Five Hundred ($500.00) Dollars for the application. d. Building and related construction permits for all main and accessory structures; land clearing, and landscaping as appropriate on Oceanside and the Park properties. e. Federal, State, South Florida Regional Planning Council, and Monroe County permits for storm -water runoff and dredge and fill if required. F. Finding of Consistency By entering into this Agreement, the County and DCA find that the development permitted or proposed herein is consistent with and furthers the Monroe County Year 2010 Comprehensive Plan and all applicable land development regulations. Page 9 of 25 Walker Development Agreement February 4, 2000 G. Breach, Amendment, Enforcement, and Termination Exclusive of any others except those imposed by law, the following additional conditions, terms, restrictions, or other requirements are also determined by the parties to be necessary for the execution and enforcement of this agreement: 1. Breach of Agreement and Cure Provisions a. Upon the Park's or Oceanside's material breach of the terms and conditions of this Agreement, Monroe County or DCA shall serve written notice on and shall provide the Park or Oceanside the opportunity, within ninety (90) days, propose a method of fulfilling the Agreement's terms and conditions or curing the breach. The County or DCA shall allow the Park or Oceanside an opportunity to cure the breach or to negotiate an amendment to this Agreement within a reasonable time, not to exceed one hundred eighty (180) days after the Park or Oceanside's response or proposal absent exigent circumstances. b. The following events, unless caused by fire, storms, floods, or other acts of God or events beyond the control of the Park or Oceanside are to be considered a material breach of this Agreement: (1) the failure to maintain the open space provisions of this Agreement shown in Exhibit C; (2) the failure to maintain conditions placed on permits or approvals contained in or issued as a direct result of this Agreement ; (3) the failure to comply with applicable permitting requirements of Monroe County after notice and opportunity within ninety (90) days to commence to comply with such permitting requirements or, if applicable, to commence compliance with Page 10 of 25 Walker Development Agreement February 4, 2000 such requirements and have completed within a reasonable time frame, not to exceed one hundred eighty (180) days, as mutually agreed by the parties if compliance requires more than sixty (60) days. c. ff Monroe County, through its Director of Planning finds that the Park or Oceanside or a successor is in material breach of this Agreement, and after notice is given as provided herein to respond to or cure said breach, the Park or Oceanside fails within a reasonable time to respond, cure, or secure and amendment resolving the breach, the County may utilize appropriate code enforcement remedies to cure any breach. 2. Amendment, Termination, or Revocation The parties hereto shall at all times adhere to the terms and conditions of this Agreement. Amendment, termination, extension, or revocation of this Agreement shall be made in accordance with the notification and procedural requirements set forth herein. Amendments to this Agreement shall subject the Park and Oceanside to the Iaws and policies in effect at the time of the amendment only if the conditions of 163.3233 (2) Florida Statutes are met. It is further agreed that no modifications, extensions, amendments, or alterations of the terms or conditions contained herein shall be effective unless contained in a written document approved and executed by the parties to this Agreement. 3. Hearing Requirements a. Before amending, terminating, or revoking this Agreement, Monroe County shall conduct at least two (2) public hearings. 11 of 25 Walker Development Agreement February 4, 2000 b. Notice of intent to amend, terminate, or revoke this Agreement shall be advertised at least seven (7) days before the public hearing in a newspaper of general circulation and readership in Monroe County. The day, time, and place of any further public hearing shall be announced at the first public hearing and the date thereof shall be advertised at least seven (7) days before such public hearing. The notices shall specify the location of the property subject to this Agreement, the development uses proposed on the property, the proposed population densities, and the proposed building intensities and height, and shall specify a place where a copy of the proposed amendment, termination or revocation, and supporting information can be obtained. 4. State and Federal Law If State or Federal laws enacted after the effective date of this Agreement preclude any party's compliance with the terms of this Agreement; this Agreement shall be modified as is necessary to comply with the relevant state or federal laws; however, this Agreement shall not be construed to waive or supersede any contention under law that the Park or Oceanside has acquired vested rights under prior law. 5. Enforcement a. Monroe County, the Park, or Oceanside, their successors or assigns, any aggrieved or any adversely affected person as defined in 163.3215(2) 12of25 Walker Development Agreement February 4, 2000 Florida Statutes may file an action for injunctive relief in the Circuit Court of Monroe County to enforce the terms of this Agreement or to challenge compliance with the provisions of 163.3243 and 380.032 Florida Statutes. b. Nothing contained herein shall limit any other powers, rights, or remedies that any party has, or may have in the future, to enforce the terms of this Agreement. III. Compliance with Other Laws The failure of this Agreement to address a particular permit, condition, term, or restriction shall not relieve the Park or Oceanside of the necessity of complying with the laws governing said permitting requirements, conditions, terms or restrictions. IV. Additional Provisions A. Zoning Designation Monroe County shall initiate upon the signing of this Agreement action to record and reflect in all appropriate County records the rezoning of the Park property from its previous Improved Subdivision (IS) to URM-RH (Residential High), based on .fudge Taylor's Writ of Certiorari in Circuit Court Case No. 94- 1528-CA-18. However, according to Florida Statutes, Chapter 163.3194(1), all land use decisions must be consistent with all elements of the Comprehensive Plan. Therefore, in addition to being consistent with the Objectives and Policies of the Comprehensive Plan, a change can only be granted if the requested Page 13 of 25 Walker Development Agreement February 4, 2000 zoning is consistent with the future land use designation for the property. Pursuant to this statute, Monroe County shall initiate a change to the future land use map from Residential Medium (RM) to Residential High (RH) upon the signing of this Agreement. This change shall be adopted by the County and approved by the DCA prior to the approval of the rezoning of the Park to Urban Residential Mobile Home (URM). By signing this Agreement, the County and DCA acknowledge the appropriateness of the URM zoning for the Park property. The County shall allow the Park to submit an application for minor conditional use approval of the redevelopment of the Park contemporaneously with the County's initiation of the change of future Iand use map for the Park, B. Transfer of ROGO Exemptions and TDR's 1. The County and DCA acknowledge that the Park has excess density in the form of ROGO exempt units and TDR's that, by the covenants and stipulations of this Agreement, may be transferred to other properties. 2. The County and DCA shall allow the transfer of twenty-two (22) ROGO exemptions and TDR's from the Park to Oceanside to allow the construction of the residential component of Monroe County Planning Commission Resolution No. P52-1997, Exhibit C. 3. Should circumstances beyond the control of Oceanside prevent the use of some or all of the twenty-two (22) ROGO exemptions, Oceanside shall have the ability to transfer those ROGO exemptions obtained from the Park to other properties within the Lower Keys ROGO subarea, exclusive of Big Pine and No Name Keys; and excluding any properties receiving negative 14 of 25 Walker Development Agreement February 4, 2000 points associated with Habitat Protection; Threatened, Endangered or Species of Special Concern Animal Species; or Critical Habitat Areas pursuant to Policy 101.5.4 of the Monroe County Year 2010 Comprehensive Plan, subject to County approval via a minor conditional use approval. 4. The Park shall have the right to transfer an additional one (1) ROGO exemption to another property within the Lower Keys ROGO subarea, exclusive of Big Pine and No Name Keys; and excluding any properties receiving negative points associated with Habitat Protection; Threatened, Endangered or Species of Special Concern Animal Species; or Critical Habitat Areas pursuant to Policy 101.5.4 of the Monroe County Year 2010 Comprehensive Plan, subject to County approval via a minor conditional use approval. 5. None of the ROGO exemptions or TDR's transferred from the Park may be transferred to a site that is more environmentally sensitive than the Park property, pursuant to Section 9.5-343 of the Monroe County Land Development Regulations, nor shall the ROGO exemptions be transferred to the Offshore Island, Mainland Native, Native, Sparsely Settled, or Parks and Refuge land use districts. 6. Prior to the approval of any building permit which is issued pursuant to the minor conditional use order transferring any ROGO exemptions and TDR's to Oceanside, the Park shall demonstrate to the County, through twenty-two (22) demolition permits or other evidence acceptable to the County which documents the required removal of units, and provides evidence that a deed 15 of 25 Walker Development Agreement February 4, 2000 restriction has been placed on the Park property permitting its development up to a maximum of eighteen (18) single-family dwelling units. Demonstration by the Park and confirmation by the County shall occur within 30 days of the recording of this Agreement. For the purposes of this Agreement, this shall mean that the Park can demonstrate that mobile homes have previously been removed from the site or that the mobile homes will be removed within 30 days. Nothing in this provision shall abridge the rights of a tenant at the Park to exercise his/her rights under F.S. 723. Insofar as the time limits for the removal and transfer of any unit at the park are delayed by the exercise of those rights, the time periods of this provision, as to that unit only, are tolled. 7. Any cesspit credits created by the removal of cesspools or noncompliant septic systems on the Park property up to a maximum of twenty-two (22) credits shall become the property of Monroe County. Any cesspit credits in excess of twenty-two (22) shall remain the property of the Park. C. Oceanside Affordable Housing Donation Oceanside will donate $26,400.00 to the Monroe County Homeowners Wastewater System Assistance Program. D. Impact Fees 1. Impact fees assessed Oceanside for the development enabled by the transfer of the twenty-two (22) ROGO exemptions shall be for single-family homes. 16 of 25 Walker Development Agreement February 4, 2000 2. The impact fee for the remaining one (1) unit shall be assessed as a single- family home prior to the issuance of a building permit less the credit for the impact fee for the existing one (1) mobile home. E. Method of Approval for Transfer of Density This Agreement shall be the instrument that allows the transfer of twenty-two (22) units of transferable density rights from the Park to Oceanside. The Park shall file and record with the Monroe County Clerk of Court (upon sale of the transferable development rights to Oceanside) a deed restriction on its property limiting the density to eighteen (18) units of single family housing or mobile home units plus one (1) transferable ROGO exemption. F. Termination of Legal Proceedings Against County Upon the signing of this Agreement by all parties and its subsequent recordation with the Monroe County Clerk of Court, the Park shall terminate, withdraw, and cease all claims and actions in law against Monroe County and the State of Florida Department of Community Affairs (DCA) filed in local or circuit court or court of appeals related to zoning, site development, or code enforcement on the Park property. G. Development Site Plan Approvals for the Park The Park shall have the sole responsibility of preparing a redevelopment plan for the Park property, which shall specify landscaping, buffers, setbacks, open space, access, home sites, and location of wastewater treatment plant. The Park shall submit the plan as part of a minor conditional use application within 60 days of the recording of this Agreement. The County shall process the plan via a minor Page 17 of 25 Walker Development Agreement February 4, 2000 conditional use approval within 120 days of the recording of this Agreement. The approval of the Park's redevelopment plan shall not be a condition precedent to the transfer of ROGO exemptions to Oceanside, nor shall approval of the redevelopment plan be required prior to the construction of units at Oceanside. This Agreement supersedes the time requirements of Section 9.5-72(a)(1). H. Park Compliance with 723.083 Florida Statutes The Park shall demonstrate to the County and DCA its compliance with 723.083 Florida Statutes, if applicable. For the purposes of this paragraph and compliance with 723.083 Florida Statutes, the Park shall provide documentation to the County in the form of a list of other suitable facilities for those mobile home owners whose units would be removed. The specified list shall be provided to the County prior to a demolition permit being issued. I. Recording Monroe County shall record this Agreement with the Clerk of the Circuit Court of Monroe County within fourteen (14) days following signature by all parties. Recording fees shall be paid by the Park or Oceanside. I Entire Agreement This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in or incorporated into this document. Accordingly, it is agreed that Page 18 of 25 Walker Development Agreement February 4, 2000 no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. K. SeverabiIity If any part of this Agreement is contrary to, prohibited by, or deemed invalid under any applicable law or regulation, such provisions shall be inapplicable and deemed omitted to the extent so contrary, prohibited, or invalid; however, the remainder here shall not be invalidated thereby and shall be given full force and effect. L. Limitation on Individual Liabilities and Responsibilities Notwithstanding the individual liabilities and responsibilities of Oceanside and the individual liabilities and responsibilities of the Park, as described by this Agreement, nothing herein shall require the acts or responsibilities of Oceanside to be a condition precedent to the Park being able to carry out. the development authorized by this Agreement (with the exception of the transfer of ROGO exemptions to Oceanside), nor shall the acts or responsibilities of the Park be a condition precedent to Oceanside being able to carry out the development authorized by this Agreement or Development Order No.P52-1997 (Exhibit Q, with the exception of the twenty-two (22) units of ROGO exemptions transferred from the Park. Should the Park fail to transfer the twenty-two (22) units of ROGO exemptions to Oceanside, nothing in this Agreement shall prevent Oceanside from obtaining the twenty-two (22) units of ROGO exemptions from another source. Page 19 of 25 Walker Development Agreement February 4, 2000 M. Jurisdiction and Governing Law The parties hereto agree that any and all suits or actions at law shall be brought in Monroe County, Florida, and no other jurisdiction. This Agreement shall be construed and interpreted under the laws of the State of Florida. N. Conflicting Resolutions All resolutions or parts thereof in conflict with the provisions of this Agreement and its resolution are hereby repealed to the extent of such conflict. O. Successors and Assigns This Agreement shall be binding upon the parties hereto, their successors in interest, heirs, assigns, and personal representatives. P. Notices All notices, demands, requests, or replies provided for or permitted by this Agreement shall be in writing and may be delivered by any one of the following methods: (a) by personal delivery; (b) by deposit with the United States Postal Service as Certified or Registered mail, return receipt requested, postage prepaid, to the addresses stated below; or (c) by deposit with an overnight express delivery service. Notice shall be deemed effective upon receipt. For purposes of notice, demand, request, or replies: The address of Monroe County shall be: Mr. James Roberts County Administrator 5100 College Rd. Key West, FL 33040 20 of 25 Walker Development Agreement February 4, 2000 The address of the Park shall be: Mr. John J. Brier and Ms. J. Leslie Brier Paradise Island Park, Inc. 59001 Overseas Highway Marathon, FL 33050 The address of Oceanside shall be: Mr. Roger Greene and Marci Rose Key West Oceanside Marina 818 White St. 5960 Peninsular Avenue Key West, FL 33040 Key West, FL 33040 The address of the Department of Community Affairs shall be: Mr. Steven Siebert Secretary Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399 Q. Effective Date The effective date of this Agreement shall be upon last of the signing by all parties and delivery of proof of recordation to the County. (Signature pages follow) Page 21 of 25 Walker Development Agreement February 4, 2000 IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year below written. Signed, sealed, and delivered in the presence of: Witness: Paradise Island Park, Inc. (FLORIDA) By: Print Name Dated: Signature Nv%v%e `I�arn�et� Lest. r'i eV By: Printed Name Dated: Signature State of Florida County of Monroe li Brier The foregoing instrument was acknowledged before me on this /07f& day of / mot' 2000, by �f and (� ti T ey are iersonally known o me or produced as identification and did not take an oath. SHARON PRAYER *; DIY COMMISSION # cc 883998 w. EXPIRES: October 31,2003 %. p..I Bonded lhru Notary Pubic UndWnftm ��' w/- Notary Public .S�ara� �icr�er - Printed name Page 22 of 25 My commission expires: My commission number: Walker Development Agreement February 4, 2000 IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day an. year below written. Signed, sealed, and delivered in the presence of. Witness: (FLORIDA) Printed Name 5, 2 �14'7 Si *ure State of Florida County of Monroe Key West Oceanside Marina, Inc. By: esident Dated: 2 V o U The foregoing instrument was acknowledged before me on this day of A=E. -e, m , 2000, by 1241,1 le5 6. 142A 1r He is personally known to me or produced did not take an oath. 23 of 25 as identification and otary Public t*.".°" Jodell Roberts ,��AAS ..s;, r_ MYCOMMISSION# CC906777 EXPIRES :January 31, 2004 n� BONDED YHRU TROY FAIN INSURANCE INC. My commission exptrR", My commission number: Walker Development Agreement February 4, 2000 APPROVAL OF THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS By: Print Name State of Florida County of The foregoing instrument was acknowledged before me on this � day of r I 1 , 2000, by J 1Dmn-5 He/ -she -is personally known to me -or-- "��'t yt",�- Beth A. Frost = MY COMMISSION # CCO84492 EXPIRES March 1, 2003 90N0ED HRU TWY FA)N jNSURANck INC 24 of 25 and did not take an oath. —z"At=, 0, . C�A&L— Notary P blic My commission expires: My commission number: Walker Development Agreement February 4, 2000 APPROVAL OF MONROE COUNTY BOARD OF COUNTY COMMISSIONERS On the -/1,44 day of 2000, Monroe County Board of County Commissioners approve is Development Agreement by Resolution No. CIA ON31ROE COUNTY, FLORIDA ---DANNYAOLHAGE . .......... --cwNTy C ERK By: MAYOR SHIKLEY FREEMAN APPROVED AS TQ/FORM AND JXGAL SUFFZTeKCY. 7#4ENDRICK —/ 7-M Page 25 of 25 Walker Development Agreement February 4, 2000 The conversion to junior suites will be accomplished without the addition of hotel rooms, but rather by reconfiguring existing older, less desirable rooms into storage and office space and moving the ROGO rights to the existing One Duval restaurant area (a plan similar to this was approved with Board of Adjustment Resolution 01-362). Rooms 801 and 802 will be converted to storage space (current storage for the resort is located on Stock Island) thus allowing the resort to have on site, air conditioned product and document storage. Room 169 will be converted to an office. Rooms 805 and 806 will be converted into a one -bedroom suite and rooms 193 & 195 will be converted into a one -bedroom suite. Also, rooms 291 & 293 will be converted into a one bedroom suite. Keys to be transferred to "Building H° (former One Duval Restaurant and Havana Docks Bar building) are from rooms 169,193, 291, 801, 802 and 805, therefore there is no net increase in the number of hotel rooms at the Pier House. All rooms to be converted are currently approximately 280 s.f., and the proposed suites will be approximately 450 s.f. Additionally, Pier House Joint Ventures plan to re -convert the Harbour View Meeting Room back into the Harbour View Restaurant, a casual eating establishment. All reconfiguration of rooms will be performed within the current load -bearing walls, no exterior walls are effected except for the three upstairs units which will replace the outdoor deck. Board of Adjustment Resolution Nrunber 96-175 Board of Adjustment Resolution Number 96-51 Board of Adjustment Resolution Number 0 1 -362 Plannin Board Resolution Number 2002-001 Board of Adjustment Resolution Number 02-339 City Commission Resolution Number 02-052 Board of Adjustment Resolution Number 04-020 City Commission Resolution Number 05-017 Board of Adjustment Resolution Number 05-023 Board of Adjustment Resolution Number 06-019 * Please see `Appendix A' for each Resolution Loading "Statutes & Constitution :View Statutes :->2006->Ch0163->Sect1on 3233 : flsenate.gov" 09/19/2006 02A8 PM I (Go';�, Select Year: :; 2006 � ,�-: "_1.he 20o6 Florida Statutes Title Xl Chapter 163 View Entire COUNTY ORGANIZATION AND INTERGOVERNMENTAL Char INTERGOVERNMENTAL RELATIONS PROGRAMS 163.3233 Local laws and policies governing a development agreement.-- (1) The local government's laws and policies governing the development of the land at the time of the execution of the development agreement shall govern the development of the land for the duration of the development agreement. (2) A local government may apply subsequently adopted laws and policies to a development that is subject to a development agreement only if the local government has held a public hearing and determined: (a) They are not in conflict with the laws and policies governing the development agreement and do not prevent development of the land uses, intensities, or densities in the development agreement; (b) They are essential to the public health, safety, or welfare, and expressly state that they shall apply to a development that is subject to a development agreement; (c) They are specifically anticipated and provided for in the development agreement; (d) The local government demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of the development agreement; or (e) The development agreement is based on substantially inaccurate information supplied by the developer. (3) This section does not abrogate any rights that may vest pursuant to common law. History.--s. 26, ch. 86-191. Disclaimer: The information an this system is unverified. The journals or printed bills of the respectivechambers should be consulted for official purposes. Copyright © 2000-2005 State of Florida. http://www.flsenate.gov/Statutes/index.cfm?p=2&App-mode=Display-...L=Ch0163/SEC3233.HTM&Title=-%3E2006-%3ECh0163-%3ESection%203233 Page 1 of 2 S a P X3jLuo3 NVIJ 3115 VORJO-U,JVO-1 LivSns 3adSO 3)4V-Ik V N 12i V W@Eis '1S3M 3.LNIOd SDNI?I VOR Ol3 A3>1 NVId 31131SVW S N VNI2iVW 31NIOd S,JNIN — • ,LS'L9L-- H nos' is W RU °l£S£- �1 1 Q K i0 a l �fQjF _ z9 J Q F.' K m Cw o c £' t Q a P (� 1 e mm® z b X �£ 1 W Z 1 111111, ..�.J IMF -VOIL" I��,�I,lilll nl «tea ii. misi[ 111 III I �'II �11 11 I�s�1 III 11 11 -----------1 aw -' gg 5� a f - a(Ja n i�O Qrc W N U W 'a v�U cod Xw _ 1� U r D w o rr� U i J r \ U os G 3m Hinos op� m�ry so s sm s ssy pry o�h ors ar°, � e P-X"3iUd NVId 311S vcM:10-U,Jvo-1 Livl9ns 3�:IdSO 3)iV-1 A BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 15, 2006 Bulk Item: Yes x No Division: BOCC Department: George R. Neugent Staff Contact Person: Terri Marble AGENDA ITEM WORDING: Approval by the Board of County Commissioners to reappoint Susan D'Antonio to the Art in Public Places Committee to expire November 1, 2010 ITEM BACKGROUND: PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: TOTAL COST: NA BUDGETED: Yes No COST TO COUNTY: NA SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management _ DIVISION DIRECTOR APPROVAL: ('ye099 2. ✓Verurent (TYPE NAME HERE) DOCUMENTATION: Included Not Required DISPOSITION: Revised 2/05 AGENDA ITEM # Monroe County Boards and Committees Appointment Information Board or Committee: Art in Public Places Committee Commissioner Appointing Member: George R. Neugent, District 11 Name of Member Address: Phone Numbers Date of Appointment: Date Term Expires Susan D'Antonio 302 Poinciana Big Pine Key, FL 33043 Work: 872-2631 Home: 872-1565 Reappointment: Nov 15, 2006 11-01-06 Name of Person Being Replaced: NA Fulfilling the Term of: NA Other Information: BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 15, 2006 Bulk Item: Yes No X Division: BOCC Department: George R. Neugent Staff Contact Person: Terri Marble AGENDA ITEM WORDING: A request by the County Commission to be provided, by Artificial Reefs of The Keys, a written monthly update on the progress of the fund raising and disposition of the project "The Sinking of the Vandenberg". ITEM BACKGROUND: The BOCC funded with 2 million dollars of infrastructure monies "The Sinking of the Vandenberg". It would be a fiducially responsible act of this BOCC to request an ongoing update of the project. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: TOTAL COST: NA BUDGETED: Yes No COST TO COUNTY: NA SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management DIVISION DIRECTOR APPROVAL: ('ye099 2. ✓Verurent (TYPE NAME HERE) DOCUMENTATION: DISPOSITION: Revised 2/05 Included Not Required AGENDA ITEM # BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Wed., November 15, 2006 Bulk Item: Yes No XX Division: BOCC Department: Comm. Mario Di Gennaro District 4 Staff Contact Person: Tamara Lundstrom AGENDA ITEM WORDING: Approval of reappointment of Nancy Perez Miller to the Art In Public Places Committee, as the District 4 representative. ITEM BACKGROUND: Ms. Miller was appointed to the Art in Public Places Committee in November of 2002. She is an architect in the Upper Keys and committed to the work of the Florida Keys Council of the Arts to enhance art appreciation for the residents of Monroe County. She also is a Board member of the Florida Keys Council of the Arts. PREVIOUS RELEVANT BOCC ACTION: The BOCC approved Ord. #002-2001 on May 16, 2001 creating the Art In Public Places Committee, and providing for funding of art in new public buildings and major renovation projects. The appointment term is 4 years, running concurrently with the Commissioner's term. CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: TOTAL COST: COST TO COUNTY: BUDGETED: Yes No SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty _ OMB/Purchasing Risk Management DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included XX DISPOSITION: Revised 2/05 .Mania `N egaymw (Mario Di Gennaro, Commissioner) Not Required AGENDA ITEM # Nancy Perez Miller Bio Art in Public Places Committee District 4, Comm. Di Gennaro November 15, 2006 Nancy Miller has over 20 years of architectural and construction experience in South Florida. She has served on the Art In Public Places Committee since December 2002, and is a Board member of the Florida Keys Council of the Arts. A graduate in Architecture of the University of Detroit and University of Miami, Nancy established her architectural practice in the Florida Keys almost 3 years ago. Nancy Perez Miller Architect, Inc. is a full service firm specializing in public, commercial and residential projects of all sizes and complexity. Community service includes working with the Islamorada Chamber of Commerce, St Justin and San Pedro Catholic Church, sponsor of Brownie Troop 873 and in 2001 and 2002 and UKAA Minor League Team. Nancy Miller was chosen to be part of Leadership Monroe County Class XI. She has resided in the Florida Keys since 1995 and plans to practice in Paradise forever. Nancy Perez Miller Architect, Inc. 85960 Overseas Hwy. # 1 Tavernier, FL 33070 Phone: (305) 664-2040 Fax: (305) 664-2090 Email: nancynpma@bellsouth.net www.nancymillerarchitect.com Monroe County Boards and Committees Appointment Information Board or Committee: Art In Public Places Committee Commissioner Appointing Member: Commissioner Mario Di Gennaro, District 4 Name of Member Address: Mailing Address Nancy Perez Miller 85960 Overseas Hwy. Suite 1 Tavernier, FL 33070 Same Phone Numbers: Work: 305 664-2040 Home: NIA Cell: 305 522-6562 Fax: 305 664-2090 E-mail: nancynnrna@bellsouth.net Date of Appointment: Reappointment: November 15, 2006 Yes Date Term Expires: December 1, 2010 Name of Person Being Replaced: NIA Fulfilling Term of: NIA Commissioner Dixie Spehar OR IN 022 - 2001 AN ORDINANCE CREATING SEC. 2-332(A), MONROE COUNTY CODE, PROVIDING FOR FUNDING OF ART IN NEW PUBLIC CONSTRUCTION AND MAJOR RENOVATIONS PROJECTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFTIVTQA WHEREAS, the County finds it in the best interest of its citizens to increase public access to art: WHEREAS, the County desires to promote understanding and awareness of the visual arts and to enrich the public environment for residents and visitors; now, therefore BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, Section 1. Sec. 2-332(A) is hereby created to read as follows: A. The Board of County Commissioners recognizes the extent of cultural resources available in the County for development, promotion, and enjoyment of the arts. It is the intent of the County Commission by enacting this ordinance to enrich culturally and benefit the citizens of this County through the establishment of art in public places. 1) One percent (1%) of the construction costs for County construction, except for any sewage treatment plant, shall be set aside for the acquisition, commission, installation and maintenance of works of art in said buildings. This appropriation shall apply only to new construction exceeding $5W,000 or renovations exceeding $100,000 in cost. a) Construction costs do not include architectural and engineering fees, asbestos abatement or other environmental preparation, site work, or contingency costs. LJ i•� b) All construction costs to be used for determining the amount of the W5rotLn-public-places appropriation shall be calculated as of the date the construction '- fact is executed_ CD L, C7 r� C7 o r = y c) Sewage treatment plants shall be exempt from mandatory c priations for art in public places. 0 2) The art -in -public -places appropriations and gifts, grants and donations made to Monroe County for the purpose of acquiring and installing art in public places shall be separately accounted for and may be used only for the following purposes: to acquire, commission, install, or maintain art in public places. Section 2. There is hereby established an Arts in Public Places Committee, which shall be an advisory body to the County Commission. The Arts in Public Places Committee shall be composed of five voting members and two non -voting members, and shad have the sole purpose of reviewing responses to .equests for Proposals for art to be acquired and installed in each public construction project subject to the Arts in Public Places set aside requirement. Section 3. Each County Commissioner shall appoint one voting member whose term shall run concurrently with the term of the appointing commissioner and who shall live or work in the appointing commissioner's district. There shall be one voting member who is either a board member or staff of the Monroe Council for the Arts Corporation. Each remaining voting member must represent one or more of the following: a) working artist; b) art professional; c) landscape architect or interior designer; d) curator, or e) general public. Section 4. The County Administrator shall appoint to the committee the two non -voting members on a project by project basis. The non -voting members shall be familiar with the project through their position or contract as the architect, the building/project supervisor, or a similar nexus to the project. Section 5, If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the reminder of this ordinance shall not be affected by such invalidity. Section 6. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 7. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 8. This ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this ordinance has been filed with said Office. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular Meeting of said Board held on the 16rh___ day of May . 2001. Mayor George Neugent ems &�"ioner ioner Charles McCoy yes ioner Murray Nelson ev �Ysioner Dixie Spehar yes Nora Williams yes BOARD OF COUNTY COMMISSIONERS a L.KOLHAGE, Clerk OF MONROE COUNTY, FLOMA y Deputy elerk Mayo rlChairperson jd@rdartnbidg PROVED AS TO FQR LFy AL SUFFICI 11 ANN kill ON BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Wed., November 15, 2006 Division: BOCC Bulk Item: Yes _ No XX Department: Comm. Mario Di Gennaro, District 4 Staff Contact Person: Tamara Lundstrom AGENDA ITEM WORDING: Approval to appoint Mr. Lynn Mapes to the Human Services Advisory Board as the District 4 representative. ITEM BACKGROUND: Mr. Mapes has a long history of community service to the County, serving on the Planning Commission for several years, the Workforce Housing Task Force, as well as on the Board of Directors for Crane Point, Pigeon Key Foundation, Florida Key Aqueduct Authority, and he served on the South Florida Regional Planning Council. PREVIOUS RELEVANT BOCC ACTION: The Human Services Advisory Board was created by the BOCC, per Resolution #477-1991 to review applications from non-profit human service organizations and make annual funding recommendations to the Board during the budget process. CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: TOTAL COST: BUDGETED: Yes No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty _ OMB/Purchasing Risk Management DIVISION DIRECTOR APPROVAL: luaXia loi ewnnuaw (Maria Di Gennaro, Commissioner) DOCUMENTATION: Included XX Not Required DISPOSITION: AGENDA ITEM # Revised 2/05 Monroe County Boards and Committees Appointment Information Board or Committee: Human Services Advisory Board Commissioner Appointing Member: Commissioner Mario Di Gennaro, District 4 Name of Member: Mr. Lynn Mapes Address: 345 13`h Street Key Colony Beach, FL 33051 Mailing Address. P.O. Box 510039 Key Colony Beach, FL 33051-0039 Phone Numbers: Work: NIA Home: 305 743-2036 Cell: 305 522-6562 Fax: 305 743-9798 E-mail: lmkcb @ bellsouth. net Date of Appointment: November 15, 2006 Reappointment: No Date Term Expires: November 1, 2008 Name of Person Being Replaced: Sylvia Murphy Fulfilling Term of: NIA 06l29/2M% 23:39 3057433185 DON C -- _-- _ _ PAGE 61 Lynn C. Mapes 2� "x 510039 345 t 3* Shea Key C ADWY 0lach RaWa 33031 PhOM. 309 743 2034 FOX 306 743 9795 E-nor: l V*CbftmftoWh.net t_1F-, .. Chair=214 historic Fioriida Knm Foundation Chant , GtRi&We tkic of the Middle Krys G' udz maM Monroe County Sberi[l's Shancd Assets Flu nd Semogr Vitt President, PatWm3Wp for a Dog -Free America Crane Point Orion %nk Pigeon Key Fotmdation National Faded" Initiative Pwuwvitip for a Dn* Fret Fkwida Marathon Ecftmn c Development Council Monroe County Affordable Hvusig Task. Fome Presses Scanch Cvnvn ittoe FKCC Dina�, Florida XA7. s Agwmb d. Authority Chm mart, Monroe Canty Pbmiw Commission Count nam South Florida Read Phnn* Cottnid Vicc Pmw. icw, AssacWe PtxWsher Readers rest. BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Nov. 15. 2006 Division: BOCC Bulk Item: Yes x No _ Department: DISTRICT FIVE Staff Contact Person: Donna Hanson AGENDA ITEM WORDING: Approval of the appointments of Jerry Wilkinson to replace Sylvia J. Murphy and Nelson Lazo to replace Robert Luse on the Upper Keys Health Care Taring District. There are no term limits on these appointments. ITEM BACKGROUND: The Advisory Board of the UKHCTD is composed of a representative of the District's Hospital, a representative of the District's emergency medical services system, and five citizens of the County who are residents of the District. The Board was created to oversee the Taxing District and to make recommendations to the Board of County Commissioners. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: "TOTAL COST: N/A BUDGETED: Yes No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty OMBIPurchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: Revised 8: oC AGENDA ITEM # Monroe County Boards and Committees Appointment Information Board or Committee: UDDer Keys Health Care Taxing District Commissioner Appointing Member: Sylvia J. Murphy, District Five Name of Member: Nelson Lazo Address: Mariners Hospital 91500 Overseas Highway Tavernier, FL 33070 Mailing Address: Phone Numbers: Home: Work: Fax: Email: Date of Appointment: Reappointment: Date Term Expires: Name of Person Being Replaced Fulfilling Term of: 305-434-1582 305-434-1583 nelson) rd baptistheaith.org November 15 2006 nla There is no expiration for this appt. Robert Luse Mr. Lazo, CEO, Mariner's Hospital, replaced Robert Luse, former CEO, who is retired. Monroe County Boards and Committees Appointment Information Board or Committee: upper Keys Health Care Taxing District Commissioner Appointing Member: S_lvia_J._Murphy, District Five Name of Member: Jerry Wilkinson Address: 38 East Beach Road Tavernier FL 33070 Mailing Address: See above Phone Numbers: Date of Appointment: Reappointment: Date Term Expires: Home: 852-1620 Work: n a Fax: 852-1620 ^ Email: . Jerry 14 2 ta, terra nova. net November 15, 2006 nla There is no expiration date for this a t. Name of Person Being Replaced: $ylvia Murphy, new Dist. 5_ Commissioner BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 8, 2006 Division: Commissioner Dixie Spehar Bulk Item: Yes No X Department: BOCC 1 Staff Contact Person: Celeste Bruno AGENDA ITEM WORDING: Discussion and support for a potential constitutional or legislative amendment that would address how commercial and recreational working waterfront real property is valued and taxed ITEM BACKGROUND: As a member of the Florida Association of Counties' (FAC} Homestead and SOH Portability Workgroup, Commissioner Spehar has been successful in garnering support to create legislation that will allow commercial and recreational working waterfront real property value to be based upon the current use of the properly with a recapture clause should they take it out of use. Commissioner Spehar did a soft presentation to the Eighth Annual Marine Summit hosted by Marine Industries of South Florida, Marine Industries of Palm Beach County, The Marine Council, The Miami River Marine Group and Monroe County Marine Interests, where it was overwhelmingly supported. The amendment will be presented to the FAC Portability Workgroup on November 20, 2006 and then the outcome will be presented at the FAC 2006 Legislative Conference on November 29 h, 2006. The completed proposal will be presented to the full 67 counties for approval and then presented by the FAC as part of their 2006 Legislative Recommendations. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES:11/A 1, 11 1-' 0 BUDGETED: Yes No ; I. APPROVED BY: County Atty _ OMB/Purchasing Risk Management DIVISION DIRE CTOR APPROVAL: T CDAL Dixie M. Spehar, Mayor DOCUMENTATION: Included X Not Required Speh€u- November 15, 2006 Presentation to the FAC Homestead and SOH Portability Workgroup for approval: Commercial and Recreational Working Waterfronts By constitutional amendment, SUPPORT allowing commercial and recreational working waterfront real property to be valued based upon the current use of the property by local option. Require that upon discontinuation of use of the property as a commercial or recreational working waterfront, the taxes that would have been due on the highest and best use of the property for the last three years become due. Additionally, the existing statutory definition for Commercial and Recreational working waterfronts was changed in HB 683 by Rep. Trey Traviesa to include public lodging establishments. This change allowed the existing tax deferral for commercial and recreational working waterfronts to be expanded to include public lodging facilities. The tax deferral remained a local option, with the tax deferral amended to allow for the local government to specify a percentage or amount of tax deferral and to specify the type of public lodging facilities that were eligible for the tax deferral. BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Wed., November 15, 2006 Bulk Item: Yes No XX Division: BOCC Department: Comm. Mario Di Gennaro, District 4 Staff Contact Person: Tamara Lundstrom AGENDA ITEM WORDING: Approval of Public Official Bond for Commissioner Mario Di Gennaro for the term Nov. 15, 2006 through Nov. 15, 2010 ITEM BACKGROUND: PREVIOUS RELEVANT BOCC ACTION: BOCC approved Public Official Bond for period August 18, 2006 through November 13, 2006 for Comm. Di Gennaro to fulfill term of David Rice. CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: TOTAL COST: COST TO COUNTY: BUDGETED: Yes No SOURCE OF FUNDS: REVENUE PRODUCING: Yes __._ No — AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management DIVISION DIRECTOR APPROVAL: Afmia 0i utavr� (Mario Di Gennaro, Commissioner) DOCUMENTATION: Included XX Not Required DISPOSITION: ___ AGENDA ITEM #. Revised 2105 r State of Florida Secretary of State 6454929 Division of EIections 500 South Sronough Street, Room 316 Tallahassee, Florida 32399-0250 Public Official Bond County of Monroe KNOW ALL MEN BY THESE PRESENTS, That we, MARIO DI GENNARO (Official's Name) as Principal, and AMERICAN STATES INSURANCE COMPANY as Surety, are bound unto the Governor of the State of Florida, and his successors in office, in the sum of $2,000 Dollars, we hereby bind ourselves and each of our heirs, executors, administrators, successors and assigns, jointly and severally. THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas, said official was elected ® appointed ❑ Monroe County Commissioner to hold this office for (Name ofoffice) a term beginning November 15, 2006 and ending November 15, 2010 and until his/her successor is qualified according to the Constitution and Laws of the State of Florida, NOW, THEREFORE, If the official shall faithfully perform the duties of thei office as provided by law, this obligation is void. MARIO DI G1=NNARC (Srgtwture of ccial) Signed and Sealed this 31st day of October 1 2006 INSU� SKAL �INQIANA•� The above is approved this by: Chairman: S-6998/A$ 10104 PO BOX 34526 SEATTLE, WA 98124-1526 (Add,ess of Main Surety Company) KEYS INSURANCE SER INC (Name of Local Bonding Company) DBA BONDATA BONITA SPGS, FL 34135-8504 4ddressafL Bonding Company) By, {signature Flo Licensed Agent) Gar— �Y 5K371 (Social Security Nu of Florida Licensed Agent) (Type NamF of Florida Licensed Agent) day of 20 County Commissioners WES PDF • + POWER Safeco insurance companies OF ATTORNEY Po Box34526 Seattle, WA 9a124-1525 KNOW ALL BY THESE PRESENTS: That AMERICAN STATES INSURANCE COMPANY, an Indiana corporation, does hereby appoint .......... DEREK MARTIN-VEGUE """"" Its true and lawful a#torney(s)-in-fact, with full authority to execute on behalf of the company the following surety bond: Surety Bond Number: 6454929 Principal: MARIO DI GENNARO Bond Amount: Two Thousand Dollars And Zero Cents DOLLARS ($ 2,000 , and to bind AMERICAN STATES INSURANCE COMPANY thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, AMERICAN STATES INSURANCE COMPANY has executed and attested these presents this 31 st day of October 901111 STEPHANIE DALEY-WATSON, SECRETARY TIM MIKOLAJEWSKI, SENIOR VICE-PRESIDENT, SURETY CERTIFICATE Extract from the By -Laws of AMERICAN STATES INSURANCE COMPANY: "Article 8. Section 8.1.1. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the corporation fidelity and surety bonds and other documents of similar character issued by the corporation in the course of its business ... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the corporation, the seal, or a facsimile thereof, may be impressed of affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." I, Stephanie Daley -Watson, Secretary of AMERICAN STATES INSURANCE COMPANY, do hereby certify that the foregoing extracts of the By -Laws of this corporation, and of a Power of Attorney Issued pursuant thereto, are true and correct and that both the By -Laws and the Power of Attorney are still in full force and effect, IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation n 0 a this 31 st day of October 1 2006 STEPHANIE DALEY-WATSON, SECRETARY Safeco and the Safeco logo are registered trademarks of Safeco Corporation S-491QIDA 9105 WEB PDF OATH OF OFFICE STATE OF FLORIDA COUNTY OF MONROE I, DO SOLEMNLY SWEAR (OR AFFIRM) that I will support, protect and defend the Constitution and Government of the United States and of the State of Florida; that I am duly qualified to hold office under the Constitution of the State, and that I will well and faithfully perform the duties of MONROE GOLJNTY COMMISSIONER, DISTRICT 4 on which I am now about to enter, so help me God. UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING OATH AND THAT THE FACTS STATED IN IT ARE TRUE. Signature ACCEPTANCE SECRETARY OF STATE 500 South Bronough Street, Room 316 TALLAHASSEE, FLORIDA 32399-0250 Date Signed The above is the oath of office taken by me, In addition to the above office I also hold the office of NIA My mailing address is: ❑ home 21 office r (2) 4400 OV RSEAS HI GHWAY SUITE j Q $ Street or Post Office Box Sign as you desire commission issued MARATHON_ FL 3;10-5Q MARIO 01 Q.FNNARQ City, State, Zip Code Print or type name as signed above Person taking oath sign on line (1) above. Sign acceptance on line numbered (3) after giving address on line (2). D5-DE 56 (rev.2104)