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B. Discussion Item SUN VISTA MARINE GROUP, LLC UPPER KEYS ACQUISITIONS, LLC c/o 321 East Hillsboro Blvd. Deerfield Beach, Florida 33441 Phone: (954) 418-0208 Fax: (954) 363-3900 Direct (954) 949.3480 March 5, 2007 Mario Di Gennaro, Mayor Monroe County 9400 Overseas Highway Suite 210 Marathon, Florida 33050 VIA OVERNIGHT DELIVERY VIA EMAIL RE: AGREEMENT PURSUANT TO SECTION 380.032(3), FLORIDA STATUTES ("AGREEMENT") FOR PROPERTIES LOCATED AT 104550 OVERSEAS HIGHWAY, KEY LARGO, MONROE COUNTY, FLORIDA ("RECEIVER SITE") AND 701 COUNTY ROAD, BIG PINE KEY, MONROE COUNTY, FLORIDA ("SENDER SITE") Dear Mayor Di Gennaro: Sun Vista Marine Group, LLC ("Sun Vista"), as the owner of the Receiver Site, and Upper Keys Acquisitions, LLC ("UKA"), as the owner of the Sender Site, each being wholly owned and controlled by the same parties, propose to jointly submit to Momoe County, Florida ("County") and the Florida Depattment of Community Affairs ("DCA"), for their consideration, a form of the Agreement which will, in summaty, provide for the following (the Agreement itself to be in substantially more detail): Al!:reement: · 130 market rate Transferable ROGO Exempt Equivalent Dwelling Units ("TRE's") and 130 Transferable Development Rights ("TOR's") for the "Sender Site" shall be recognized and deemed to be vested in UKA. . 91 TRE's will be retained by UKA, with 80 of those TRE's to be transferred to the Receiver Site and with II of those TRE's to be available to UKA for future use. · 39 of the 130 TRE's shall be donated by UKA to the County. Mario Oi Gennaro, Mayor Monroe County Page 2 March 5, 2007 . 41 of the 130 TOR's will be retained by UKA with 30 of those 41 TOR's to be transferred to the Receiver's Site (which is presently vested with 50 TOR's) and II of those TOR's will be retained by UKA to go along with II TRE's retained by it. The remaining 81 TOR's shall be donated to the County. · A Conservation Easement shall be constructed by UKA and Sun Vista on 39,457 s.f. of the Sender Site at their cost. · UKA shall donate the Sender Site to the County. . Entitlements to develop and construct 80 residential condominiums with amenities on the Receiver Site will concurrently be applied for, including, without limitation, FLUM (Future Land Use Map) amendments, Conditional Use approvals, Site Plan approvals and building plan approvals. . The Receiver Site shall be a "clean Marina" with public access pump-out station(s) for the boat slips constructed which are required to be for public access. · Affordable housing on the Sender Site then owned by the County may remain in the form of mobile homes or be replaced by newly constructed units, as the County determines. The public benefits derived under the Agreement as above outlined will include (i) the restoration of the Sands Corridor, which is adj acent to the Big Pine Habitat Conservation Plan ("Plan") area, which has been identified as being of critical importance to the F]orida Key Oeer; and (ii) the donation of the Big Pine Sender Site to the County, which will be counted as land acquisition, as required under the Plan, in the County's annual report to U.S. Fish and Wildlife Services; and (iii) the donation of the Big Pine parcel to the Monroe County Land Authority (or other appropriate land trust) for perpetual use as an affordable housing site; and (iv) the donation of 39 TRE's and 89 TOR's to Monroe County for use in constructing or maintaining up to 100 deed restricted, affordable (work force) housing units on the Big Pine property, with no clearing of habitat and that will not be subject to the cap on development within the Incidental Take permit; and (v) the decrease of trip generation on U.S. ] at Big Pine Key and the reduction of hurricane evacuation roads from the lower Keys by relocating residential dwelling units 100 miles closer to the mainland to a parcel identified as ~isturbed, Tier III lands targeted for infill development; and (vi) the provision of a public access wastewater pump out station, of which only 30 exist in the Florida Keys, with none on the bay-side north of Founders Park. We look fOlward to working with Monroe County and OCA to achieve these mutually beneficial results, and eagerly await your response. Mario Di Gennaro, Mayor Monroe County Page 3 March 5, 2007 TRS:cmo Sincerely, SUN VISTA MARINE GROUP, LLC BY: KEY LARGO MARINA ACQUISITIONS, LLLP, its sole member BY: BOCA MARINA ACQUISITIONS GP, INC., its general partner ames H. Cohen, Vice President James H. Cohen, Vice President