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Item Q8
BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 17 2009 Division: Growth Management Bulk Item: Yes _ No X Department: Stan Contact Person/Phone #: Andrew O. Trivette Ext. 2517 AGENDA ITEM WORDING: A public hearing to consider a Development Agreement between Monroe County and Calusa Campground Association, Inc. ITEM BACKGROUND: Calusa Campground Association, Inc. is proposing a development agreement providing for redevelopment options for the property and correction of Monroe County Code violations. PREVIOUS RELEVANT BOCC ACTION: At March 18, 2009 BOCC meeting the Board continued this item to the May 20, 2009 BOCC meeting per stars request. At the May 20, 2009 BOCC meeting the Board continued this item to the June 17, 2009 BOCC in Marathon. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATIONS: Approval. TOTAL COST: n/a INDIRECT COST: BUDGETED: Yes No _ COST TO COUNTY: n/a SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty x OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required_ DISPOSITION: Revised 1/09 AGENDA ITEM # MEMORANDUM MONROE COUNTY GROWTH MANAGEMENT DIVISION We strive to he caring, professional and fair To: Roman Gastesi, County Administrator From: Andrew Omer Trivette, Growth Management Director Date: Tuesday June 2, 2009 RE: Calusa Campground Development Agreement Update The intention of this memo is to provide additional background and update for the Board of County Commissioners on the proposed development agreement for Calusa Campground in Key Largo. This item was considered by the BOCC at its regularly scheduled meeting on May 20, 2009 in Key Largo. The BOCC was provided with the attached memo outlining the two (2) remaining outstanding issues concerning this agreement. The first is access and the second is the use of a shared canal with a neighboring subdivision. In the attached memorandum I have recommended several additions to the conditions for the development agreement to resolve or help resolve the issues regarding the shared canal. The BOCC determined after review and public comment to postpone action on this item until the June meeting of the BOCC in Marathon in the hopes that the access issue would be settled and a judgment entered. The court has ruled in favor of Calusa Campground and found that they have a right to use the existing access. Based on this information the County Attorney's office and I recommend that the agreement be amended to include the conditions concerning the shared canal on the attached memorandum as well as a condition requiring that access be through Calusa Street and Harbor Drive be used only for emergency access. MEMORANDUM MONROE COUNTY GROWTH MANAGEMENT DIVISION We strive to be caring, professional and fair To: Roman Gastesi, County Administrator From: Andrew Omer Trivette, Growth Management Director Date: Tuesday May 5, 2009 RE: Calusa Campground Development Agreement Update The intention of this memo is to provide additional background and update for the Board of County Commissioners on the proposed development agreement for Calusa Campground in Key Largo. Calusa Campground is interested in constructing seasonal transient units at its location in Key Largo. Monroe County code requires that a development agreement be entered into prior to final development approval through a minor conditional use. Calusa Campground submitted its application for a development agreement on July 2008. The application has been considered by the DRC at a regularly scheduled meeting and by the Planning Commission at two (2) regularly scheduled meetings. During the review and consideration the agreement has been through several iterations to achieve clarity and equity for all parties subject to the agreement. The current version has been approved by the Calusa Campground Governing Board. Presently only two (2) issues are outstanding regarding this proposal. The first is the issue of access. Calusa Campground does not own the current access route from US 1. The owner of this access is attempting to sell the property to Calusa while at the same time threatening to limit the use of the access which closely resembles a boulevard. Alternate access to the site would be via Harbor Drive which would place additional large vehicle traffic on a small secondary, inadequate residential subdivision roadway. Currently, the use of this property is the subject of litigation between the current property owners and Calusa Campground. The County Attorney's Office has opined that this issue is effectively resolved, while no judgment has been rendered by a court, and that it should not affect the BOCC approval of the agreement. The next step in the development process will be a minor conditional use which would require the access issue to be fully and completely resolved prior to approval by the Planning Director. The second issue is one of compatibility of a high density use with the surrounding neighborhoods. This agreement does not propose nor does it allow an increase in density for the Calusa site. The largest issue of concern is the joint use of a canal along the southern property line of the Calusa property. This canal is shared by the full time residents of Sunset Waterways Subdivision directly south of Calusa Campground as well as the part time residents of Calusa Campground. This canal at its narrowest point is approximately 20 feet in width. The County has received numerous complaints from affected neighbors and would propose the following remedies which could be added as BOCC requirements within the proposed development agreement: (1) Calusa Campground will fund the preparation and allow the installation of signage along the subject canal front which states that the allowed dockage is not to exceed 25% of the canal width and that dockage surrounding the existing boat ramp is for loading and unloading only. (2) Calusa shall not allow dockage along the narrowest portion of the canal and the dock area shall be posted as such. (3) Calusa Campground shall fund a constant patrol by a uniformed marine Sheriffs deputy in the subject canal on all Federal holidays. The development agreement may be amended with the above language at the direction and approval by the BOCC. The development agreement would then be rendered to Calusa Campground's Governing Board for their consideration and approval. If the Calusa board rejects the amended language staff will seek further direction from the BOCC at its next regularly scheduled meeting. Please see attached Exhibits 1 and 2 for further clarification. r 6 ir- L ■ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: The Monroe County Board of County Commissioners From: Joseph Haberman, Principal Planner Susan Grimsley, Assistant County Attorney Townsley Schwab, Acting Sr. Director of Planning & Environmental Resources Andrew Omer Trivette, Growth Management Division Director Date: May 08, 2009 Subject: Request for a Development Agreement between Calusa Campground Condominium Association Inc. and Monroe County concerning property located at 325 Calusa Street, Key Largo, mile marker 101, having real estate numbers 00541810.000101- 00541810.000471 Meeting: May 20, 2009 i REQUEST: A request for approval of a development agreement between Calusa Campground Condominium Association Inc. and Monroe County in accordance with Ordinance No. 001- 2008. The proposed development agreement involves the conversion of existing transient units into seasonal transient units and the resolution of many open code enforcement cases. Location: Page I of 7 Subject Property (outlined in blue), Key Largo (2004) Reviewed by W:IGROWTB MANAGEMENTIBOCCIGMD Agenda ltems12009 05 2(' Calusa Campground Dev. Agreement120081229 Calusa Development Agreement RE 00541810 PC SP-doe 1 2 3 4 5 67 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Address: 325 Calusa Street, Key Largo, mile marker 101 (bayside) Legal Description: Calusa Campground, Section 28, Township 61 South, Range 39 East Real Estate (RE) Numbers: 00541810.000101-.000471; See Planning & Environmental Resources Dept. file 28064 for full list Applicant: Property Owners: See Planning & Environmental Resources Dept. file 28064 for full list Condominium Association: Calusa Campground Condominium Association Inc. Agent: Santiago Echemendia & Amanda Quirke II RELEVANT PRIOR COUNTY ACTIONS: On August 19, 2005, a pre -application conference involving Planning & Environmental Resources Department staff and representatives of the property owners was held to discuss how the existing development could be brought into compliance with the Monroe County Code. Based on the dialogue of the conference, a Letter of Understanding (LOU) was issued on September 23, 2005. In the LOU, staff recognized the existence of 367 recreational vehicle (RV) spaces on the subject property. As of the date of this report, there were many open code enforcement cases on the subject property as depicted in the development agreement exhibits. The draft development agreement and site plan have been heard at the following venues: Development Review Committee October 21, 2008 - Public Meeting Planning Commission January 7, 2009 — Public Hearing April 8, 2009 — Public Hearing Board of County Commissioners March 18, 2009 — Public Hearing III BACKGROUND INFORMATION: A. Total Size of Parcel: 28.34 acres B. Land Use District: Partially Recreational Vehicle (RV) & Partially Native Area (NA) C. Future Land Use Map (FLUM) Designation: Partially Mixed Use/Commercial (MC) & Partially Residential Conservation (RC) D. Tier Designation: Tier 3 E. Flood Zones: Partially VE — EL 13, VE — EL 12, AE — EL 10 & AE — EL 9 F. Existing Use: RV Park G. Existing Vegetation / Habitat: Developed with area of mangroves along the northwestern property line Page 2 of 7 Reviewed by W:IGROW7H MANAGEMENT WCOGNID Agenda ItemsU009 05 20XCalusa Campground Dev. Agmement120081229 Calusa Development Agreement RE 0054I 8I0 PC SR doc I H. Community Character of Immediate Vicinity: Mixed Use; residential to the north and 2 south and commercial to the southeast 3 4 5 6 IV REVIEW OF APPLICATION: 7 8 The proposed development agreement involves the conversion of existing, lawfully- 9 established RV spaces into seasonal transient units. 10 11 Ordinance No. 001-2008 was passed and adopted by the Board of County Commissioners 12 (BOCC) on January 16, 2008. The ordinance established new definitions for seasonal 13 residential unit, transient residential unit and transient recreational vehicle unit; amended the 14 purpose of the RV District; and amended the permitted uses of the RV District. 15 16 Now as defined in MCC §9.5-4, a seasonal residential unit is a transient residential unit with 17 one or more rooms, toilet facilities and kitchen physically arranged to create a housekeeping 18 establishment for occupancy by one family, with tenancies not to exceed 180 consecutive 19 days. A transient residential unit means a dwelling unit used for transient housing such as 20 hotel or motel room, seasonal recreational unit, or space for parking a RV or travel trailer. 21 22 Pursuant to the amended MCC §9.5-244(b), in the RV District, seasonal residential units may 23 be approved with a development agreement and a minor conditional use permit, provided 24 that: 25 26 a) All units within the RV District shall be subject to the terms and conditions of a 27 development agreement as defined in MCC §9.5-101, 9.5-102 and 9.5-244(b)(2): In 28 compliance following approval of development agreement by the BOCC. 29 30 The applicant has prepared a draft development agreement. The County may enter into 31 development agreements that meet the requirements of the Florida Local Government 32 Development Agreement Act, sections 163.3220-163.3243, Florida Statutes. 33 34 b) The units meet all land development regulations, floodplain management regulations, 35 building code and life safety requirements for the development of transient structures: In 36 compliance following approval of development agreement by the BOCC and execution of 37 the below described permitting plan (phasing) provided within development agreement. 38 39 There are many open code enforcement cases on the subject property. The development 40 agreement provides a schedule and permitting plan to address the pending violations, by 41 setting forth timelines to acquire after -the -fact permits and complete other corrective 42 actions. The development agreement also provides assurance that all future structures 43 will be built in compliance with the current land development regulations. 44 45 c) The development of seasonal residential units shall occur only in gated RV parks with a 46 managing entity responsible for evacuations: In compliance. Page 3 of 7 Reviewed by W:IGROWTH MANAGEM13BNMOCCIGMD Agenda Items12009 05 20kCalusa Campground Dev. Agreementi20081229 Calusa Development Agreement RE 00541810 PC SRdoc I 2 The subject property is currently gated and will remain gated. 1n addition, the 3 development agreement states that there will be a managing entity responsible for the 4 evacuation and provides a written evacuation plan (Exhibit G). 5 6 d) The proposed site is subject to an approved development agreement with Monroe County 7 detailing at a minimum i) all proposed transitional RV units, ii) a proposed site plan; iii) a 8 design strategy demonstrating separation of transient unit types on the property for life 9 safety as well as design that is consistent with community character, and any applicable 10 Monroe County guidelines; iv) a statement of commitment for the park to adhere to l I transient evacuation regulations; v) a phasing plan, as appropriate, detailing timelines for 12 project completion; vi) access to US 1 is by way of an existing curb cut, a signalized 13 intersection or a curb cut that is separated from any other curb cut on the same side of US 14 1 by at least 400 feet: In compliance. 15 16 The proposed development agreement initially involved the conversion of 284 of the 367 17 existing, lawfully -established RV spaces into seasonal transient units (83 RV spaces 18 remaining on -site). At the October 21, 2008 DRC meeting, the applicant indicated that 19 additional RV space owners have shown interest in converting to seasonal transient units. 20 The latest draft of the agreement includes a plan which indicates that 348 of the 367 units 21 plan to convert to seasonal transient (19 remaining RV). 22 23 The applicant submitted a proposed site plan which documents the interior parcels where 24 each of the seasonal transient units (identified as transitional RV units) and remaining RV 25 units would be located. 26 27 The applicant submitted a design strategy within the development agreement, which 28 includes mandatory setback, open space and fire hydrant requirements to address the life 29 and safety concerns. In addition, the applicant submitted renderings and other visual 30 information showing how the development would appear when finalized. 31 32 The applicant submitted a statement of commitment to adhere to transient evacuation 33 regulations. 34 35 The applicant submitted a phasing plan detailing timelines for project completion. 36 37 There is currently access to and from the site from US I by way of an existing curb cut. 38 Campground Condominium Association Inc. is currently in litigation concerning the 39 access easement and it appears that access will continue to be allowed as indicated in the 40 legal documents. Staff has found that in the event there is not direct access from the 41 existing drive, a breach of the development agreement would be constituted. 42 43 44 Pursuant to MCC §9.5-102, the BOCC shall have authority to enter into a development 45 agreement by resolution with any person having a legal or equitable interest in real property 46 located within the unincorporated area of Monroe County if the development agreement Page 4 of 7 Reviewed by W:IGROWTH MANAGEMENTSOCCIGMD Agenda Items12009 05 201Calusa Campground Dev. Agm ment120081229 Calusa Development Agreement RE 00541810 PC SR doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 meets all of the requirements of the Florida Local Government Development Agreement Act, section 163.3220-163.3243, Florida Statutes; provided, however, that the duration of the development agreement shall not exceed 10 years, and any duration specified in a development agreement shall supersede any conflicting duration otherwise specified in the land development regulations. Pursuant to section 163.3227, Florida Statutes, a development agreement shall include the following: a) A legal description of the land subject to the agreement, and the names of its legal and equitable owners: In compliance. The applicant submitted a survey and legal description as part of the draft development agreement (Exhibit A). The applicant refers to the legal and equitable owners in the development agreement as Calusa Campground Condominium Association, Inc. A Declaration of Condominium (filed and recorded on July 29, 1999) and the names of all current property owners are included in the application. b) The duration of the agreement: In compliance. The draft development agreement states that the agreement shall remain in effect for 10 years from the effective date. c) The development uses permitted on the land, including population densities, and building intensities and height: In compliance. The site currently has 367 RV spaces. Although most of the units shall be converted to seasonal transient units, the density of the site shall remain the same under the transient residential density requirements: Land Use Allocated Size of Site Max Proposed Potential . Density Allowed Used RV Space / Hotel 15 units / 28.34 acres 425 units 367 units 86.4 % Room acre As long as the accessory buildings on the site contribute to the comfort, convenience or necessity of occupants of the principal use or structure served, their floor area shall be considered for accessory uses to a principal residential use and not subject to the floor area ratio calculations. d) A description of public facilities that will service the development, including who shall provide such facilities; the date any new facilities, if needed, will be constructed; and a schedule to assure public facilities are available concurrent with the impacts of the development: In compliance. Page 5 of 7 Reviewed by W:IGROWTH MANAGEHRMBOMOMD Agenda ltems12009 05 201Calusa Campground Dev Agmement120081229 Calusa Development Agreement RE 00541810 PC SKdoe 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 The draft development agreement provides a description of public facilities that will service the development, including who shall provide such facilities. e) A description of any reservation or dedication of land for public purposes: In compliance. The development agreement does not provide for any reservation or dedication of land for public purposes. f) A description of all local development permits approved or needed to be approved for the development of the land: In compliance. In addition, the applicant shall be required to receive approval for a minor conditional use permit prior to any redevelopment or conversion of RV spaces to seasonal transient units. Subsequent building permits shall be required as determined by the Director of Planning & Environmental Resources and Building Official. g) A finding that the development permitted or proposed is consistent with the local government's comprehensive plan and land development regulations: In compliance. This development agreement is consistent with the Monroe County Year 2010 Comprehensive Plan, the Key Largo Livable CommuniKeys Plan and the purpose and permitted uses of the RV District within the land development regulations. The applicant shall be required to submit an application for a minor conditional use permit and undergo the conditional use approval process in order for staff to determine compliance with the land development regulations. h) A description of any conditions, terms, restrictions, or other requirements determined to be necessary by the local government for the public health, safety, or welfare of its citizens: In compliance. The applicant shall be required to receive building permits to improve or demolish unsafe structures in accordance with the permitting plan. An evacuation plan has also been provided. i) A statement indicating that the failure of the agreement to address a particular permit, condition, terns, or restriction shall not relieve the developer of the necessity of complying with the law governing said permitting requirements, conditions, term, or restriction: In compliance. The draft development agreement provides language for enforcement and severability. V RECOMMENDATION: Staff recommends APPROVAL if all the following conditions are met: Page 6 of 7 Reviewed by W:\GROWTH MANAGENcRfMOCOGMD Agenda Items12009 05 201Calusa Campground Dev Ageement120081229 Calusa Development Agreement RE 00541810 PC SP doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 A. This development agreement is in addition to all other local development permits or approvals required by the land development regulations. Further, it does not relieve the developer of the necessity of complying with all land development regulations in effect on the date that the agreement is executed. B. As indicated on the site plan, the approved "seasonal transient units" may not be converted back into 'transient units", including RV spaces, and the remaining "transient units" may not be converted into "seasonal transient units" without approval of the Growth Management Division as detailed in the development agreement. C. A building permit application for the conversion and construction of each of the approved seasonal transient units shall be submitted to the Building Department by the termination date of the development agreement. In the event that a building permit application is not submitted for a lot approved for a seasonal transient unit by that date, the lot shall remain entitled to a RV space and may no longer convert to a seasonal transient unit without an additional development agreement and an amendment to the site's minor conditional use permit. VI PLANS REVIEWED: A. Site Plan (revised) by J. Bonfill & Associates, Inc., dated July 24, 2008 revised March 26, 2009 and sealed April 30, 2009; B. Site Plan (revised) by J. Bonfill & Associates, Inc., dated July 24, 2008, revised October 23, 2008 and unsealed; C. Site Plan (submitted w/ application) by J. Bonfill & Associates, Inc., dated July 24, 2008 and sealed July 24, 2008; D. Boundary Survey by General Services Group, Inc., dated May 4, 2001 Page 7 of 7 Reviewed by WAGROWTH MANAGEMENIIBOCOGMD Agenda Items12009 05 201Calusa Campground Dev. Agreement120081229 Calusa Development Agreement RE 00541810 PC SR.doc DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (Agreement) is entered into on the day of , 2009, by and between MONROE COUNTY, a political subdivision of the State of Florida (Monroe County), and CALUSA CAMPGROUND CONDOMINIUM ASSOCIATION, INC.(the Association). WITNESSETH: The parties hereby agree as follows: I. RECITALS: A. The Association operates the land condominium known as Calusa Campground Condominium ("Calusa") located in Key Largo, Monroe County, Florida, at mile marker 101 of US Highway 1 fronting on the bay side (the "Property"), the legal description of which is contained in Exhibit A — Survey of the Calusa Campground Property, attached hereto and made a part hereof (the "Survey"). B. The Association has the authority to enter into this Agreement through Florida Statutes Chapter 718 and the Declaration of Condominium for Calusa. C. Calusa is a gated RV park with a full time staff managed by the Association ("Association Staff') responsible for evacuation. D. Calusa consists of three hundred sixty-seven (367) Condominium Units (the "Condominium Units") as shown in the survey attached hereto as Exhibit A, and which are duly recognized by Monroe County according to the Settlement Agreement which is attached hereto as Exhibit B. E. Calusa includes sites for recreational vehicles, together with accessory uses and structures including 485 linear feet of common area docking area and 72 docks assigned to specific units, marina building, boat ramp, boat trailer parking, tennis courts, basketball courts, recreation building, pool and bath houses, open space, wastewater treatment facility, maintenance building, common area meeting building, and administrative offices (hereinafter collectively referred to as the "Accessory Facilities"). F. The Monroe County 2010 Comprehensive Plan designates all the parcels of the Property as "Mixed Use/Commercial" on its Future Land Use Map. G. Monroe County has duly adopted Ordinance No. 001-2008, attached hereto as Exhibit C, which permits seasonal residential units in the Recreational Vehicle Zoning District in ac8ordance with an approved development agreement. H. Exhibit D contains an agreed upon comprehensive listing including (1) any alleged code enforcement violations in Calusa pending as of the date of this Agreement; and (2) the after -the -fact permits required to resolve the code enforcement violations ("After -the -fact Permits"). I. A list of the alleged code violations which are Life, Safety, or Fire related, is attached hereto as Exhibit E (the "Safety violations"). J. Section 163.3220, Florida Statutes, authorizes Monroe County to enter into agreements with landowners and/or governmental agencies to encourage a stronger commitment to comprehensive and capital facilities planning, ensure the provision of adequate public facilities for development, encourage the efficient use of resources, and reduce the economic cost of development. K.This Agreement, among other things, is intended to and shall constitute a development agreement among the parties pursuant to the Florida Local Government Development Agreement Act, Section 163.3223, et seq., Florida Statutes. L.Both Monroe County and The Association recognize that the public noticing and hearing procedures shall follow the requirements of F.S. 163.3225, which require public hearings beforethe PIanning Commission and the Board of County Commissioners for consideration of a Development Agreement. M. Monroe County finds that entering into this Agreement furthers the purposes, goals, objectives, and policies of the Monroe County Year 2010 Comprehensive Plan (the "Comprehensive PIan"), which contains objectives and policies that seek to reduce the frequency of uses inconsistent with the Land Development Regulations and the Future Land Use Map (Objective 101.8). I I.PURPOSES The purposes of this Agreement are as follows: A. To agree on a program of remedial actions and condominium improvements to achieve compliance for all three hundred sixty-seven (367) Condominium Units with the requirements of the Monroe County Code and the RV zoning district, as amended by Ordinance 001-2008. B. To allow Calusa to retain, pursuant to the terms of this Agreement, the legally existing, non -conforming, conforming, or accessory structures, established or in existence on the property on the date of the execution of this Agreement, except as otherwise set forth in Section (II)(C). C. To require applications for after -the -fact permits to resolve the Code Enforcement and Safety Violations set forth in Exhibits D and E. D. To allow for the continued existence of the Accessory Facilities as conforming accessory uses. 2 III. AGREEMENT REQUIREMENTS The parties recognize the binding effect of Sections 163.3220-163.3243, 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 legal description for the Property subject to this Agreement is set forth in Exhibit A. This Property is subject to condominium ownership, in accordance with the Declaration of Condominium and all amendments thereto, which have been filed in the Official Records of Monroe County at OR Book 1589 Pg 476; OR Book 2003 Pg 2473. Calusa Street is a private road and provides access to US-1. If a judicial determination is made that Calusa may not utilize Calusa Street for access to US-1, this Agreement will be subject to amendment to ensure Calusa maintains access to US-1. B. Duration of Agreement. This Agreement shall remain in effect for ten (10) years from the the effective date as defined herein, and may be extended by mutual consent of the parties and approval at a public hearing, in accordance with Florida Statutes Section 163.3229 (2007). For the duration of this Agreement, the parties agree that any development shall comply with and be controlled by this Agreement, the Monroe County Code, and the Comprehensive Plan governing the development of the land in effect on the date of execution of this Agreement, in accordance with Section 163.3220, Florida Statutes. C. Permitted Uses. 1. In accordance with this Agreement and with the Recreational Vehicle Zoning district, as amended by Ordinance 001-2008, the permitted uses for Calusa include: a. Recreational vehicles, as defined in Monroe County Code Section 9.5-4(R-6); b. Accessory buildings and structures for each site including, but not limited to, screen rooms, sheds, carports, and other structures as permitted by Monroe County. C. Accessory Facilities as shown on Exhibit A d. Attached or detached seasonal residential units as a minor conditional use in conjunction with a development agreement. 2. The unit density is 13 units per gross acre for the 367 lawfully established Condominium Units. 3. Total acreage of the site is 28.34 acres. D. Public Facilities. There are no impacts on public facilities, since the number of lawfully existing units is not increased by approval and application of this 3 Agreement. However, nothing in this Agreement shall be construed to prohibit an increase in the number of units through future development approvals. 1. The Florida Keys Aqueduct Authority provides domestic potable water to the Property. The water is metered by one meter for Calusa, and individual sub -meters which are for internal use only. After completion of the wastewater project, each unit will be individually metered by the Florida Keys Aqueduct Authority. 2. Electric service is provided by Florida Keys Electric Cooperative to the Property, and each unit is individually metered. 3. Solid waste service is provided to the Property by a solid waste collection system franchised by Monroe County. 4. Calusa shall provide wastewater, treatment and sewage collection and disposal to the Property via onsite systems, which will be upgraded to 2010 standards as may be required by law if no community wide system is available by 2010. 5. Calusa shall coordinate with the County to install fire hydrants every 500 feet along the roadways for fire protection for the Campground Property. E. Reservation or Dedication of Land. There is no reservation or dedication of land for public purpose contemplated by this Agreement. F. Transitional Recreational Vehicle Units. The Site Plan, attached as Exhibit F, depicts the Condominium Units that are designated transitional recreational vehicle units. All Condominium Units which are not designated transitional recreational vehicle units on the Site Plan are permitted to use the site as an RV space, provided the Recreational Vehicle meets all requirements of the Monroe County Code, including road readiness. All condominium sites which are designated for transitional recreational vehicle units will be permitted to use the site as an RV space in accordance with all requirements of the Monroe County Code, until the site is developed as a seasonal residential unit. G. Legal Non -Conformities. 1. All structures permitted pursuant to the Recreational Vehicle Zoning district, as amended by Ordinance 001-2008, or otherwise permitted by Monroe County shall be deemed legal as of the date of this Agreement. Except for the After -the -fact Permits set forth in Exhibit D and the corrective actions required by Exhibit E, no further permits shall be required for the structures as those structures exist on the effective date of this Agreement. 2. All other existing structures on the Property as of the date of this Agreement are deemed legally non -conforming. 3. All permits required to address the existing code enforcement violations are set forth in Exhibits D and E, and no additional permits shall be necessary to address the existing code enforcement violations as of the date of this Agreement. All structures which are the subject of the After - the -fact Permits set forth in Exhibits D and E shall be deemed legal by the 4 issuance of the permits as set forth in this Agreement after passing inspection. 4. Monroe County shall voluntarily dismiss all code enforcement violations for Calusa pending in Monroe County as of the date of this Agreement after the owners are in compliance. Subsequent code enforcement action for the same violations addressed in Exhibit D and through the terms of this Agreement shall be barred unless the owner has a subsequent violation. H. Development Standards. The following development standards shall only apply to Condominium Units which are converted to permanent structures in accordance with this Agreement: 1. The Development Plan shall insure that the configuration of manufactured homes meets the separation requirement of NFPA 501A - Standard for Fire Safety Criteria for Manufactured Home Installations, Sites and Communities. 2. Building height for all permanent structures shall be limited to 35 ft. from established grade. 3. Shoreline Setback for all permanent structures shall be 10 ft from the Mean High Water line for all altered and unaltered shorelines on the Property. 4. The setbacks for all permanent structures, measured from the lot line to the drip edge, shall be as follows: a. Interior Side Setback - 5 feet b. Exterior side setback shall be the lesser of (i) 5 feet or (ii) the minimum distance to comply with all sight triangle requirements of the Monroe County Zoning Code. C. Front Setback shall be the lesser of (i) 5 feet or (ii) the minimum distance to comply with all sight triangle requirements of the Monroe County Zoning Code. d. Rear Setback - 5 feet e. All setbacks for the perimeter of the Campground Property shall not be less than 5 feet. 5. Impervious lot coverage shall be limited to 80% of the Condominium Unit lot area. 6. All habitable permanent structures constructed after the effective date of this Agreement shall be elevated to the base flood elevation. I. Permitting Plan. 1. All after -the -fact applications to address the Safety violations set forth in Exhibit E shall be submitted within 90 days of the approval of the minor conditional use for seasonal residential units. 5 2. All other applications for permits required in Exhibit D shall be submitted within 180 days of the approval of the minor conditional use for seasonal residential units. An application for a building permit for a new seasonal residential unit filed within 180 days of the approval of the minor conditional use for seasonal residential units, which includes the corrective action required for the after -the -fact permits Iisted in Exhibit D, shall satisfy this section. If demolition or removal of non -conforming structures is required for a building permit for a seasonal residential unit mentioned above, the demolition permit shall be applied for at the same time, and shall be completed within 180 days of issuance. 3. AlI Permits required for roads, fire suppression, storm water, landscaping, utility relocations, and other community facilities or improvements shall be applied for by The Association or its individual unit owners, pursuant to this Agreement. 4. In regard to the submittal of permit applications to bring lots into compliance, both parties recognize that the time requirements under the Florida Building Code for the processing of permit applications by Monroe County's Building Department may be extended in accordance with the Florida Building Code, in order to allow Monroe County staff sufficient time to properly review and approve all applications required by this Agreement; and, to provide greater flexibility to The Association and its individual unit owners in meeting the compliance schedule. S. Park Models a. Owners of Park Models designated as transitional recreational vehicle units on the attached site plan Exhibit F shall be required within the term of this Agreement to either (i) install the park model as a permanent structure in accordance with local, state, and federal law, and meet all requirements of the Monroe County Code and Building Code, and Section H of this Development Agreement; or (ii) construct a permanent structure in accordance with the terms of this Agreement. b. During the term of this Agreement, all park models designated as transitional recreational vehicle units shall either (i) be tied down in accordance with Monroe County Code and Building Code provisions for such structures within 90 days of the approval of the minor conditional use for seasonal residential units, until such time as they become permanent structures; or (ii) meet all road ready requirements of the Monroe County Code until such time as the unit becomes a permanent structure. T C. A Park Model will not be considered a permanent structure until the Park Model is installed in accordance with Iocal, state, and federal law, and meets all requirements of the Monroe County Code and Building Code, and Section H of this Development Agreement. d. A Park Model not designated as a transitional recreational vehicle unit shall comply with the road ready requirements of the Monroe County Code at all times. 6. 180 Day Rule. a. All Condominium Units will be maintained as transient units. b. All occupants of the Campground Property will be required to evacuate in accordance with a Visitor Evacuation Order issued by Monroe County. C. No person shall occupy the Campground Property for more than 180 consecutive days. d. The following will be required to be removed from the Campground Property for at least one (1) day every 180 days, such that the following shall not occupy the Campground Property for more than 180 consecutive days and must evacuate when a Visitor Evacuation order is issued by Monroe County: (i) RVs (ii) Park Models which are not tied down in accordance with local and state law, and in accordance with the terms of this Agreement. e. The following structures will not be required to be removed from the Campground Property every 180 days, nor shall the structures be required to be removed in the event of a Visitor Evacuation Order: (i) Permanent structures constructed in accordance with local, state, and federal law, and pursuant to the terms of this Agreement. (ii) Park Models designated as transitional recreational vehicle units which are tied down in accordance with local, state, and federal law, the Monroe County Code and Building Code, during the term of this Agreement or until there is a permanent structure on the site. 7. All Condominium Units designated transitional recreational vehicle units shall obtain a building permit to construct the permanent structure within 7 ten (10) years of the Effective Date of this Agreement. Prior to conversion to a permanent structure, the unit shall be used as an RV space in accordance with all requirements of the Monroe County Code, or as otherwise provided in this Agreement. 8. 1f the seasonal transient units are not constructed within ten years, the condominium units shall remain as RV sites. J. Vesting and Compliance Policies. The following are the policies and standards for the vesting of certain improvements and compliance actions that govern the specific compliance actions required and which shall be followed in implementing the terms and conditions of this agreement: 1. The Monroe County Land Development Regulations in effect on the effective date of this Agreement shall apply to Calusa, except as otherwise provided for in this Agreement. 2. Lot owners delinquent on payment of the Monroe County Iicense tax pursuant to Section 320.08 Florida Statutes, shall be required to pay in full any outstanding balance and delinquent fees to the Monroe County Office of Tax Collector prior to issuance of any permit under this Agreement and shall provide proof of payment to the County with the permit application. K. Evacuation. Calusa shall be construed as a community of transient units for purposes of evacuation orders, and shall be required to evacuate in accordance with the directives issued for transient units. The Association Staff of Calusa shall ensure strict compliance with all evacuation orders issued by Monroe County. The Evacuation Plan, attached as Exhibit G, shall be added to the Rules and Regulations of Calusa within 30 days of the effective date of this Agreement. This provision shall survive the expiration or termination of this Agreement. L. Impact and After the Fact Building Permit Fees. Application for permits in accordance with this Agreement shall not be construed to require additional impact fees. However, all permit fees shall be due for after -the -fact permits as set forth in Exhibits D and E. M. Finding of Consistency. By entering into this Agreement, Monroe County finds that the development permitted or proposed herein is consistent with and furthers Monroe County's Comprehensive Plan and Land Development Regulations. N. Breach, Amendment, Enforcement, and Termination. This Agreement shall be adopted by the Association as an amendment to the Declaration of Condominium for Calusa before the public hearing before the Monroe County Board of County Commissioners. 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: 8 1. Material Breach. A material breach by the Association occurs if more than 50% of the Condominium Units are not in compliance with the terms of this Agreement, and the Association has not initiated enforcement action in accordance with Chapter 718 of the Florida Statutes and the Declaration of Condominium for Calusa against 100% of the Condominium Units not in compliance with this Agreement within 270 days of the effective date of this Agreement. A material breach by Monroe County occurs upon Monroe County's failure to comply with the terms of this Agreement after Notice as provided in Subsection 2. 2. Notice. Upon either party's material breach of the terms and conditions of this Agreement, the other party shall serve written notice on and shall provide the opportunity, within ninety (90) days, to propose a method of fulfilling the Agreement's terms and conditions or curing the breach. Both parties shall be provided an additional 90 days to cure the material breach or to negotiate an amendment to this Agreement within a reasonable time, as mutually agreed to by the Parties. 3. Code Enforcement. if an individual unit fails to obtain the After -the -fact Permits as set forth in Exhibits D and E, the County shall have the right to pursue code enforcement action against the individual unit for the violations set forth in Exhibits D and E. Such failure by an individual unit to obtain After -the -fact Permits as set forth in Exhibits D and E shall not constitute a breach of this Agreement, but shall only entitle the County to pursue code enforcement action against the individual unit for the violations set forth in Exhibits D and E- 4. Amendment or Termination. 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. (a) Amendments to this Agreement shall subject Calusa to the laws and policies in effect at the time of the amendment only if the conditions of Section 163.3233(2), Florida Statutes, are met. (b) 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 Monroe County and The Association. (c) Amendment or termination shall require at least two (2) public hearings. The hearings shall be held pursuant to an application filed with Monroe County by the party seeking to amend or terminate this Agreement, along with the requisite filing fee. Notice of public hearing shall be in accordance with Monroe County ordinances and Florida Statutes. 9 (i) If a unit owner applies to change their individual unit designation, the unit owner shall submit a new site plan reflecting the change in designation, together with a filing fee of $1,768.00, or such other fee in effect for a minor deviation at the time of the application for minor deviation. (ii) If ten (10) or more unit owners apply to change their individual unit designations, an amendment to the minor conditional use will be required. A revised site plan reflecting the change in designations, together with a fee of $8484.00, or such other fee in effect at the time of application for an amendment to the minor conditional use. 5. Enforcement. (a) After notice and an opportunity to respond and/or cure the material breach as provided herein, the parties may enforce the terms of this Agreement in a court of competent jurisdiction, or any other remedy at law or in equity. In addition, Monroe County may utilize appropriate code enforcement remedies to cure any breach after notice and an opportunity to cure as provided herein. This does not waive the right of Monroe County to pursue individual code violation cases (b) Monroe County, The Association, their successors or assigns, or any aggrieved or any adversely affected person as defined in Section 163.3215(2), 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 Sections 163.3243, Florida Statutes. (c) Nothing contained herein shall limit any other powers, rights, or remedies that either party has, or may have in the future, to enforce the terms of this Agreement. O. State and Federal Law. If State or Federal laws enacted after the effective date of this Agreement preclude any parry'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 Association and/or its individual unit owners has acquired vested rights under prior law. P. Compliance with Other Laws. The failure of this Agreement to address a particular permit, condition, term, or restriction shall not relieve The Association and/or its unit owners of the necessity of complying with the laws governing said permitting requirements, conditions, terms or restrictions. Q. Reservation of Rights. This Agreement shall not affect any rights which may have accrued to any party to this Agreement under applicable law. Each of the County and The Association reserves any and all such rights. All approvals 10 referenced in this Agreement are subordinate to compliance with all applicable laws, codes, and land development regulations and permits, except to the extent otherwise provided for in this Agreement. R. No Permit. This Agreement is not and shall not be construed as a Development Permit, Development Approval or authorization to commence development, nor shall it relieve The Association of the obligations to obtain necessary Development Approvals that are required under applicable law and under and pursuant to the terns of this Agreement and Monroe County Code. S. Good Faith; Further Assurances; No Cost. The parties to this Agreement have negotiated in good faith. It is the intent and agreement of the parties that they shall cooperate with each other in good faith to effectuate the purposes and intent of, and to satisfy their obligations under, this Agreement in order to secure to themselves the mutual benefits created under this Agreement. The parties agree to execute such further documents as may be reasonably necessary to effectuate the provisions of this Agreement; provided that the foregoing shall in no way be deemed to inhibit, restrict or require the exercise of the County's police power or actions of the County when acting in a quasi-judicial capacity. Wherever in this Agreement a provision requires cooperation, good faith or similar effort to be undertaken at no cost to a party, the party co-operating, reviewing or undertaking the effort shall, nonetheless, bear its cost of attendance at meetings, hearings or proceedings and comment and/or execution of documents, inclusive of the expense of its counsel. T. Successors and Assigns. This Agreement shall constitute a covenant running with the land, which shall be binding upon the parties hereto, their successors in interest, heirs, assigns, and personal representatives. U. Joint Preparation. This Agreement has been drafted with the participation of the County and Applicant and their counsel, and shall not be construed against any party on account of draftsmanship. The captions of each article, section and subsection contained in this Agreement are for ease of reference only and shall not affect the interpretational meaning of this Agreement. Whenever the term "included" is used in this Agreement, it shall mean that the included items, or terms are included without limitation as to any other items or terms which may fall within the listed category. V. 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 with proof of receipt. Notice shall be deemed effective upon receipt. For purposes of notice, demand, request, or replies: 11 The address of Monroe County shall be: County Administrator 1100 Simonton Street Room 2-205 Key West, Florida 33040 with a copy to Assistant County Attorney PO BOX 1026 Key West, FL 33041 or 1 111 12 th Street Suite 408 Key West, Florida 33040 The address of Calusa Campground Condominium Association, Inc. shall be: Manuel Lopez, President Calusa Campground Condominium Association, Inc. 325 Calusa Street Key Largo, Florida 33037 with a copy to Santiago D. Echemendia, Esq. Tew Cardenas, LLP 1441 Brickell Avenue Four Seasons Tower, 15t` Floor Miami, Florida 33131-3407 It is the responsibility of the parties to notify all parties of change in name or address for proper notice. W. Force Majeure. Any prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts of God, inability to obtain labor or materials or reasonable substitutes therefore, riot, civil commotion, fire or other casualty and other causes beyond the reasonable control of the party obligated to perform, excluding the financial inability of such party to perform and excluding delays resulting from appeals or rehearing, shall excuse the performance by such party for a period equal to any such period of prevention, delay or stoppage. In order to avail itself of this force majeure provision, the party invoking the same shall provide the other party with a written notice that shall consist of a recitation of all events that constitute force majeure events under this Section, together with the beginning and ending dates of such events. 12 X. Construction. 1. This Agreement shall be construed in accordance and with the laws of the State of Florida. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof, and, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. 2. In construing this Agreement, the use of any gender shall include every other and all genders, and captions and section and paragraph headings shall be disregarded. 3. All of the exhibits attached to this Agreement are incorporated in, and made a part of, this Agreement. Y. Omissions. The parties hereto recognize and agree that the failure of this Agreement to address a particular permit, condition, terms, or restriction shall not relieve either parry of the necessity of complying with the law governing said permitting requirements, conditions, term, or restriction notwithstanding any such omission. Z. 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. This Agreement is not subject to arbitration. AA. Litigation. In the event of any litigation between the parties under this Agreement for a breach hereof, the prevailing party shall be entitled to attorney's fees and costs through the conclusion of any appellate proceedings. BB. Time of Essence. Time shall be of the essence for each and every provision hereof. CC. Entire Agreement. This Agreement, together with the documents referenced herein, constitute the entire agreement and understanding among the parties with respect to the subject matter hereof, and there are no other agreements, representations or warranties other than as set forth herein. This Agreement may not be changed, altered or modified except by an instrument in writing signed by the party against whom enforcement of such change would be sought and subject to the requirements for the amendment of development agreements in the Act. DD. Counterparts. This Agreement may be executed in one or more counterparts, and by the different parties hereto in separate counterparts, each of which when executed shall be deemed to be an original but all of which taken together shall constitute one and the same agreement. II EE. 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. The Association agrees that it shall be responsible for all recording fees and other related fees and costs related to the recording and delivery of this Agreement as described in this section. The provisions hereof shall remain in full force and effect during the term hereof and shall be binding upon all successors in interest to the parties to this Agreement. Whenever an extension of any deadline is permitted or provided for under the terms of this Agreement, at the request of either party, the other parties shall join in a short -form recordable memorandum confirming such extension that shall be recorded in the Public Records of Monroe County. FF. 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. GG. Severability. 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. HH. Effective Date. The effective date of this Agreement is 30 days after the duly signed and recorded Agreement is received by the Florida Department of Community Affairs pursuant to Chapter 380, Fla. Statutes. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year below written. Signed, sealed, and delivered in th7presen Ie Diaz / CALUSA CAMPGROUND CONDOMINIUM ASSOCIATION, INC. By: _ _ Manuel Lopez Title: President Dated: e foregoing instrument w s acknowledged before me 2009, by ue He/she isge or roduced as not take an oath. day of n to-Tz 14 [Signatures continue on next page] ATTEST: DANNY KOLHAGE, CLERK DEPUTY CLERK No Public Printed name My comet m��,?fires ,� %Op,NA P,g09ii��� •A•, O i o x MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MAYOR MOjE COUNTY -ATTORNEY AED A FORM 15 Exhibit A- As Built survey and Legal Description 16 sx>,xvwvsn�n��nx�:snnns�ru:rpxv C^L'tl":A�S�I'ZC' ?Ia�SMYW 7llri I �i � s ? � s C' a i tl OVRFV uLS a —4 I. .J II. } i II i I j 4 4 e IN i`•Tt: J�. �II� fit: .I it � I oil J I;f III �y! 111 + ss , e,e{ a t Littf(pFJc Cif•. a, fill # r a a e till, a lis jF x ZZ— _ a kit still egFg f ��_� ��_� i F_sk R; .� 3 �i �� �y!"i �_'�� ���� ? s � '� 4 { � � ? � � �� � gFF� •� �� , � p 4 jai � I $a!5 F, 3 � � #F$ i a , .� r�� LL!- I TA�'4v�- IF ST: V6 ZrO ---------- --- ----------------- Z: 7 . ............ L, rt t 47 - P4 z 7. k -Lr r 0 LIZ LEGAL DESCRIPTION PARCEL A Lots 2, 3, and 4, •in Section 28, Township 61 South, Range 39 East, N H MODEL LAND COMPANY'S PLAT, according to the Plat thereof, as recoMad in Plat Book 1, at Page 68, of the Publiie Records of Monroe County, Florida. H �w AND W ro0 PARCEL B Lots 15 through 21, inclusive, Block 3, SUNSET WATERWAYS, according to the Plat thereof, as recorded in Plat Book 4, at Page 31, of 00 the Public Records of Monroe County, Florida. CD 1j AND PARCEL C On the Island of Key Largo and being all that part of Lot 1, of section 28 Towriahip 61 South, Range 39 Hest, lying North of a 20 foot road and lying North of the former right of way of the Fim ida East Coast Railway according to a survey made by P.D. Jenkins, C.E. and accor-ding to due Plat thereof, as recorded in Plat Book 1 at Page 68 of the P'ubtle Records of Monroe County, Florida. Extmrr "A" . Lncn.L DmxnmoN Exhibit B- Settlement Agreement 17 #.iV'URNT This Settlement Agromont CA9re0m9'tn") is entered into this __ day of March, 2M7, by and between Manure County, Florida, A politioai subdivision of the State of Florida, heraina for ("County, , and the Eager Family Limitod Partnership, LP, a Piorida Limited Partnership, h areinafter C,Eagaej. WYTNF,SSRTH: A. WHEREAS, on or about Febmary 6, 2006, Eager oppeaie d the. decision of the County's Planning Director and the County's Planning PStaff do needed to be pith edCllu ga Campground Condominium Association Properrty B. , iind WHEREAS, the current land Use Designation ibr the Colusa Property is "ltV"; and C. WHEREAS, on ear about February 6, 2006, Eager appealed the decision of the County's planning Department which alleged that certain Remation al Vehicle Site Condominium units CUalts") within the Caiusa Property are subject to the regulations in the Monroe County Code ("Code's whioh require that specific buffer areas bo provided; and p. WHEREAS, an or About February 6, 2006, Upr appealed the alleged violations ("Violations") of the Monroe County Coda Immd by the, County to several owmrs of Units within the Caluaa Property; and B. WHEREAS, the above appeals flied by Eager are Currently pending before the County's Planning Commission; and F. WHEREAS, County and Eager uautually desire to eM at a resolution for any and all land use and code enforcement matters regw4ing the Caluse Prop", including, but not limited to, the jLppea3 of the County's platting data utinatiori, do appeal of the County's buffer area violation nllegstions and the appeal of the ptirportM violations issued by the County conoerning vxisting.building and Code Violations at the Calusa property; and q, WHEREAS, there is a dispute about the platting requirement for this RV Park, its sites and the buf#cr yardlspace mqulremOnts; NOW, THBRBFORE, in consideration of the mutual covenants, prarnisea and Quicie<loy of which are hereby acknow adgod, County and Eager hereby agrees as fallowsi fpt and 1. QT La, 'Cho foregoing recitals are true and correct and are incorporated herein by ce: a,9 if set out in full in the body of this instrument, 2. The recorded Sito Plan of the Caivaa Property dated May 4, 2001 and recorded in Offiioial Records Book 2031, Pages 1921-21i of the County's Public Records is hereby approved and acknowicdged as the Caluse Property Site Plan ("Plan") for all purposog going forward., The County hereby acknowledges and covenants that it will -not request or otherwlae require that Eager, the owners of Ur<lts within the Caiusa Property, so or the duly forniea asaoclation representing the owners, plat or •roplat the Caluea property Countyy, or any portion gesnfd agrsed ees that thel buffbrto lts ys yard/am lafkd use d0signat1cm- The requirements In the Monroc County f�urtiror acknowledges � oses far the ourrent use, County Code are satisfied and met for all purp 2, RrrrnC R UNIT. `i'he County hereby acknowledges and agrees the Calusa I'tupodY contains Three Hundred sixty -Seven (367) Condominium Units, All of which are shown an the Flan and all of wbiah way bo used for any purpose permitted under the Code in effect as ofihe date of this Agreement, which Codo may be modified from time to time. ` �, SUFIr MWG MUMS. a. It is understood and agreed that 13oW does not agree or admit in any way that b>sffer yards or areas are required for the ou*at Units or other areas hi or about the c;onclomini its s aTtd common areas. This agreamont is entered into by agts solely as a settlement for convenience to resolva all of the issues relating to the condominium betwoen Eager and Monma County. b, Eager agrccis to tonato Kline and Thirty -'No Hundredths (9.3Z. ) acres of unimpMvcd property (oBuf er Property"} for conservation purposes, described more particularly on gxhlbtt "A" attachod hereto and irccogwrated herein by refcrenoe, which is located east of tho Calusa Property and which has a land use designation of Suburban Resldatial (SR) on the Caunty's land use map. in exohango for Eabor's donation of tho Buffdr Property to the County in too simple title, the County agrccs to imrnedlately dismiss, abandon 04 forever terminate any and all enforoemani efforts and promdings regarding the required buf%r areas for Units 114-126 and Units 481-490 at the Caiusa Property as shown on the Plan, and further agrees in moognition of the fact that the Buffer Property will be bold in perpctulty without development that Units 11 a-126 and Units 481-490 shall not be required to have a buffer yaM. The County 'Further acknowledges and agraos that Eager's docding of the Buffer Property to the County is heroby considered complete mitigation, total satisfaction and final resolution of the pending buflbr yard enforcement matters and ail issuca relating to the Plats and the development of the Caluea Property as a condorinium so long as the Caluea Property, or any portion therooi is used accurding to its current land use '~ designation. c. The County fbrthor covenants that the Huffer Property will never be cloared at improved because, as consideration for entering intn- thl,R AVm- nont, all Transferable Aoveiopment Rights ("I'DRO) Para � of G A 1WrndJgaa,rlh tMIlnitcRome�agu Culymlltav{Slanaf �auarAar�mpt►�1J•3A-�9'smgl'INA1.,dua currently axistiq on the Duffer property will be provided to BUBO, The County agrees to maintain the Buffer Property in its natural state or as a public park, in pdrpetuity, and also agrees to name the Property after t3SORC3B W. EAGER, 81t. should a reprnsontlt ive of -the Lager Family so rcquesi. The Warranty peed from 'gager shall contain an oxpreas Ladd Restriction pmvidlug that the Duffer property oannot bo almrod and that no residential or commerclnl buildings can be constructed upon it. The Deed Restriction shall be onforceable at law or In equity by Bagar, Logae's assigns, doetgneas or successors-in-intorost, County must be satisfied that marketable title Is provided to County by Lager. Tiro tranafar shall occur within 45 days after the date above. 4, §D0VUDpMNNLWM, ' Tho County rccagnizes Four and Sixty -Six Hundredths (4.66) TOM on the Huffer Property. Upon fined approval of this Agreement, as provided herein, County will isstto all appropriato documentation and take all aodon newessary to Immediawly provide sugar with access to the TDRa- lessor in its sots and absolute disoration may rotain, traclsfer, sell, or dispose of the TDRs as Lager chooses, and the County hereby covenants and agrow not to object to or fhii to consent (if consent la rquimd ed be govern applicable the alr the awweffwAlge on the date o the use, that being the der',R use Of the 1DR8, U110 of the ate of finalldevelopment approval by County. 5. Q I I Kfl IpSRh L'�.. Tile County agrees to issue Building Permits ("Permit0for utilitios and its order to -remedy life -safety and health issues prior to settlement of all Code Enforcement actions at Calusa Cajnpground, if there arc tto violations on Units 1-24, Units 114-126, and Units 481.490, any otherwise legal permitting shall be allowed, on a unit by onit basis. 6, . Upon execution of this Agreement, the County agrees to dismiss, cancel, void and close out all existing (if any) vioiaticm issued against tho owners or record for Units 1-20, Units 114-126 and Units 481-490 with respect to platting, lot silo, and/or buffdr yards, Further, the County agrees that, upon cxooution of this Agreement, the above Violations will be deemed paid, remediod and completely satisfied now and forevor so long as the CAW% Property, or any portion thereof, is used according to its eumont land use designation, Notwithstanding any contrary provisions contained horoin, this Agee Mont will not preolude the County from exercising its onfaroement poWLrs to prosecute other currant or fut"re code violations of owners of Units In the Calusa Property unrelated t4 this Agreement. 7, 19MMOADUE O) EIMMIONS. it, The County recognizes the existence of Twenty -Bight (28) Transferable ROr3O Lxemptions ("1'RVN) belonging to Lager, for which Stec County will issue all appropriate documentation and tape all -appropriato action to provide to Lager upon final approval. of thin Agreement as provided !twin, The TRLs may bo used by Page 3 of It f;IWuTdwmwihi�ianagomenp8a��«Calu�alRevldoRaPIbAgcrAg�eamFntll7-f�•U7YateP SAT-dac Eager, its trastsferea:% heirs and assigns as determined by the regulations in et'fnct at die time of tranifor except as otherwise provided for heroin, b. The 28 TRES eat traatsient and currently may be used For transfer of R0QQ exeuVtionl allocation to Affordable Housing usoa 9,5- 120,4TR and also be a aneotwithstanding and during Uses' any c, The TRBs may be, moratorium or other restriction on the transfer of recreational vehioie sites such as that imposed by Monroe County Section 913- 120.5 and 9.5-120.6, d. 'T'ho TREs moot the oriterio for radevolopmont off site, to any planning arcs in Monroe County, The receiver site roust moot the criteria in the Monroe County Code for developmeot/re4ovolopment except for that requiring' a 11000 score equal to or greater than the score of the sender site. o, TRES may not bo used on Tier I property if the Tier syatern is implementod as designated by Mocroe County at the time, of the transfer. y rovisione f. In tho event the TRF.s are governed b less rustriotive p for uses in the fitture, the mare liberal shall apply. In no event shall the uses be diminished by future changes in applicable ordimcas or land use regulations. S. Cii.Q &L 9M1AM_ This Agreement Is entered into relative to and in consideration of the above--referencex! appeals brouUM by Eager and is intended to r000lvc all Issues addressed in those appaais with projutiica, and is further intended to resolve and settle ogly the platting and buffer yard matters addressed heroin between the parties, and the referenced Unit owners, as to the Calusa Property. It is the intent of the County and Mager that All Violations with respect to platting, lot size, andlor buffer yards, bo cancailaci, satlsflud, and closed out as to Eager, the develoPmont of then condominium and the above -referenced Units as of the date of this Agreement, 91 AjEFLOVAL 113Y BOARD_OP rn C01yiM S 1QNB ZL$. Notwithetanding any contrary provision Above, the County's acceptance of this Agreement it, subject to the approval of the Monroe County Board of County Commissioners {" BUCC"). Should, fbr any reason, the BOCC fail to approve the tarns of thin Agreement, it shall be of no foroo or eFfcut. If d w Agreemont is approved by the BOCC, it shall be fully Minding on the parties as of the above: date. 10. , UQB_ FY'§ Eg . Each patty will be responsible for its own attOmWs fees inourred a$,Nan f this Agraotnent. 11. RIPA 1 The singular shad -Include the plural, the plural the singular and use ogander shall Include all g9nders. Tlee headings contained hereiti. are for." convenience and referenoo only, and in no way define or limit the scope and content of this Agreement or in any way stYW its provisions. ! L. Pagge ar6 P:914 411 LM ManpgcmmMate (C&km%RcvlsLmf EagarAymumantD7.167i9igf'I lALA09 12. � ,} . yf any provision of this Aj roomont is judged to be unenfQreaable, such provision shah be inoffcotive to the extent of such unenforvaabilitywlthout Invalidating the rrsrnaining provisions hereof. If any provision of this Agreement is capable of two (2) constructions, one (1) of which would render the provision void and the other of wia11 would redder the provision valid, It is the intent of the parties that such provision have the rmardng which renders it valid. 13. . A fully oxocuted copy of this Agreement signed by all parties 11ordo, shall be recorded in die Public Records of Monroe County, Florida at Eager's expense wbicl) shall be recorded so as to be found in thv chain of title. 14. T This Agreement may not be �atMadod, modifled or terminated except by written instrument signed by the paftles trzvoto and recorded in the Public Records of Monroe County, Florida - IN WITMES8 WHEREOF, the parties appear and 11ave set their hands and a041S on the date first above written, wrrNESSI3S; (1)_...-......--.---- Print NAme Print Name STATE Of FLORIDA COUNTY OF MONROE LAC PA FAMILY LIMI' I) FARTNERSH'IP, LP, a Florida Limited Partnership By: OEORGE W, EAGER, SP-, as Pre.4idcnt off Eagor Investments, Inc., a Florida corporation Grmeml Pnrtnor of Baser Family Limited Partnership, L.P. )5S: } The fbrogoing instrument was acknowledged betbrc nta this daY Of 2047, by Ocorge W. Eager in his eapaotty as President of Bagor Investments, the U;j ral Partner of the Sager Family Limited Partnership, LP, Q Florida Limited Partnership, Who is authorized to bind the Partnership, Plc is ersonali known to me ar () -Prod mad as idontiflcatiotl, (NOTARY)ry Pub------�—�— I�lQtalic, Mate Of FiQridA !Tint Name, —� Commisstoa No.: MY Cornmission Expires: _ pop 5 ui6 r,lwormmwth Maaug wr4\Aara 4.67wgV(NALA00 Approved by; C1133 C OR WE .L, ESQ. Attorney for Eagan Family Limited Partnerahig, GF, a Florida Limited Fartmership ATTEST: MCNROF coUN'i`Y, FLORIDA DANNY L. K.OLKA©E, CLERK Deputy Clark Mayor Maria DiGennaro MONRON COU NTY AVORNEY APid'i1MY A8 TQ FOFP: iMMY A44E9TAN1' OOUNTY ATTORNEY alxrs ., �„�., j- :.se , tr Pa6a 6 ar6 P,\wVn Wm'mh HNnngemenili'agel CrhlrAiieYi�ionorPa,psrAgitimnm�l]-li-0yamgi'INALduo MONK A to Satdement Agreement between Monroe County and tbo Yager Family Limited Partnership Legal ]PeraOlrtion On the Island of Sey Largo and being all drat part of'M 1, Section 28, Township 61 SWI* Range 39 Nast, lying North of a 20 foot road and lying North Of jige by PD ��i& of Way arO the Inor1& EAst Coast RS#W y according to a aarvey Mode amording to the Plat then eet; As recorded is Plat B"k 1, at Paga 6S, of the Public Records of Monroe County, Florida. 9 0 WAMCH 189W71 IM1 Exhibit C- Seasonal Residential Unit Ordinance NUMBER 001-2008 r rY DCA Final Order No.: DCA08-OR 109 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFF4 -- In re; MONROE COUNTY LAND DEVELOPMENT REGULATIONS f ADOPTED BY MO` P NROE COUNTY APR 1 & 2008 1.) i ORDINANCE NO. 001-2008 OR0�1"�f MA,�iAGE'���NT p1viSI0N FINAL QRDE, The Department of Community Affairs (the "Department') hereby issues its Final Order, Pursuant to §§ 380,05(6), Fla. Stet., and § 380.0552(9), Fla. Slat. (2007), approving a land development regulation adopted by a local government within the Florida Keys Area of Critical State Concern as forth below. FINDS-4F FACT 1. The Florida Keys Area is a statutorily designated area of critical state concern, and Monroe County is a local government within the Florida Keys Area, 2. On Febnuwy 13, 2008 the Department received for review Monroe County Ordinance No, 001-2008 ("Ord. 001-2008"), adopted by Monroe County on January 16, 2008, 3. The purpose of the Ordinance is to adopt amendments to the text of the Monroe County Code to allow for the conversion of existing recreational vehicle (RV) spaces into permanent structures for seasonal use by the owner subject to the conditions identified in a Development Agreement entered into with Monroe County, and subject to compliance with the Monroe County Comprehensive flan and Land Developmont Regulations. COIYCLU_ SIGNS OF LAW 4. The Department is required to approve or reject land development regulations that are enacted, amended, or rescinded by any local government in the Florida Keys Area of Critical State Concern. § 380.05(6), Fla. Stat., and § 380.0552(9), Fla. Stat, (2007). DCA Flnal Order No., DCAOS-OR-109 5. Monroe County is a local government within the Florida Keys Area of Critical State Concern. § 380.0552, Fla. Stal. (2007) and Rule 28-29,002 (superseding Chapter 27F-8), Fla, Admix Cade. S. "Land development regulations" include local zoning, subdivision, building, and other regulations controlling the development of land. § 380-031(8), Fla. Slat. (2007). The regulations adopted by Ord. 001-2008 are land development regulations. 7. All land development regulations enacted, amended, or rescinded within an area of critical state concern must be consistent with the Principles for Guiding Development (the "Principles) as set forth in § 380.0552(7), Fla, Stat. See Rathkamp u, Department of Community Affairs, 21 F.A.L.R. 1902 (Dec. 4, 1998), afd, 740 So. 2d 1209 (Fla. 3d DCA 1999). The Principles are construed as a whole and no specific provision is construed or applied in isolation from the other provisions. 8. Ord. 001-2008 allows for the conversion of a RV space to a seasonal residontial unit by the owner pursuant to a Development Agreement and compliance with the Monroe County Comprehensive Alan and Land Development Regulations, and is consistent with the following Principles; (a) To strengthen local government capabilities for managing land use and development so that local government is able to achieve these objectives without the continuation of the area of critical state concern designation. (b) To protect shoreline and marine resources, including mangroves, coral reef formations, seagrass beds, wetlands, fish and wildlife, and their habitat. (d) To ensure the maximum well-being of the Florida Keys and its citizens through sound economic development. (e) To limit the adverse impacts of development on the quality of water throughout the Florida Keys, (1) To protect the public health, safety, and welfare of the citizens of the Florida Keys and maintain the Florida Keys as a unique DCA Fival Order No.: DCA08-OR-109 Florida resource. 9. Ord. 001-2008 is consistent with the Principles for Guiding Development of the Florida Keys Area of Critical State Concern as a whole. WHEREFORE, IT IS ORDERED that Ordinance No. 001-2008 is found to be consistent with the Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is hereby Apf&QyED, This Order becomes effective 21 days after publication in the Florida Administrative Weekly unless apetition is filed us described below. DONE AND ORDERED in Tallahassee, Florida. CHARLES GAUTHIER, AI + Director, Division of Community Planning Department of -Community Af3Fairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399:2100 NOTICE OF ADMINI T1tAT VE RIGHTS ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS ORDER HAS TFIE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING PURSUANT TO SECTION 129.569, FLORIDA STATUTES, REGARDING THE AGENCY'S ACTION. DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF MATERIAL FACT IN YOUR PETITION REQUESTING AN ADMIMSTRATIVE PROCEEDING, YOU ARE ENTITLED TO EITHER AN INFORMAL, PROCEEDING OR A FORMAL HEARING. IF YOUR PETITION FOR HEARING DOES (NET ALLEGE ANY DISPUTED ISSUE OF MATERIAL FACT CONTAINED IN 'fHE DEPARTMENTS ACTION, THEN TH.E ADMINISTRATIVE PROCEEDING WILL BE AN INFORMAL ONE, CONDUCTED DCA Final Order No.: DCA08-OR 109 PURSUANT TO SECTIONS 120,569 AND 120.57(2) FLORIDA STATUTES, AND CHAPTER 28-106, PARTS I AND III, FLORIDA ADMINISTRATIVE CODE, IN AN INFORMAL ADMINISTRATIVE PROCEEDING, YOU MAY BE REPRESENTED BY COUNSEL OR BY A QUALIFIED REPRESENTATIVE, AND YOU MAY PRESENT WRITTEN OR ORAL EVIDENCE IN OPPOSITION TO THE DEPARTMENT'S ACTION OR REFUSAL TO ACT; OR YOU MAY EXERCISE THE OPTION TO PRESENT A WRITTEN STATEMENT CHALLENGING THE GROUNDS UPON WHICH THE DEPARTMENT HAS CHOSEN TO JUSTIFY ITS ACTION OR INACTION. IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT STATED IN THE AGENCY ACTION, THEN YOU MAY FILE A PETITION REQUESTING A FORMAL ADMINISTRATIVE HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE OF THE DIVISION OF ADMINISTRATIVE HEARINGS, PURSUANT TO SECTIONS €20.569 AND 120.57(1), FLORIDA STATUTES, AND CHAPTER 28-106, PARTS I AND II, FLORIDA ADMINISTRATIVE CODE. AT A FORMAL ADMINISTRATIVE HEARING, YOU MAY BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENTATIVE, AND YOU WILL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON ALL THE ISSUES INVOLVED, TO CONDUCT CROSS-EXAMINATION AND SUBMIT REBUTTAL EVIDENCE, TO SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS, AND TO FILE EXCEPTIONS TO ANY RECOMMENDED ORDER. IF YOU DESIRE EITHER AN INFORMAL PROCEEDING OR A FORMAL HEARING, YOU MUST FILE WITH THE AGENCY CLERK OF THE DEPARTMENT OF COMMUNITY AFFAIRS A WRITTEN .PLEADING ENTITLED, "PETITION FOR ADMINISTRATIVE PROCEEDINGS" 'WITHIN 21 CALENDAR DAYS OF PUBLICATION OF THIS NOTICE, A PETITION IS FILED WHEN IT IS RECEIVE©, BY THE AGENCY CLERK, IN THE DEPARTMENT'S OFFICE OF GENERAL COUNSEL, 2555 SHUMARD OAK BOULEVARD, TALLAHASSEE, FLORIDA 32399-2100. THE PETITION MUST MEET THE FILING REQUIREMENTS IN RULE 28- 106.104(2), FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL PROCEEDING IS REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE, WITH RULE 28-106.301, FLORIDA ADMINISTRATIVE CODE, IF A FORMAL HEARING IS REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH RULE 28- € 06.20] (2), FLORIDA ADMINISTRATIVE CODE, A PERSON WHO HAS FILED A PETITION MAY REQUEST MEDIATION. A REQUEST FOR MEDIATION MUST INCLUDE THE INFORMATION REQUIRED BY RULE 28-106.402, FLORIDA ADMINISTRATIVE CODE. CHOOSING MEDIATION DOES NOT AFFECT THE RIGHT TO AN ADMINISTRATIVE HEARING, YOU WAIVE THE RIGHT TO AN INFORMAL ADMINISTRATIVE PROCEEDING OR A FORMAL HEARING IF YOU DO NOT FILE A PETITION WITH THE AGENCY CLERK WITHIN 21 DAYS OF PUBLICATION OF THIS FINAL ORDER, 4 DCA Final Order No.; DCAWOR-109 CERTIFICATE OF FILING} LkM SERVICE I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with the undersigned designated Agency Clerk, and that true rrect copies have been furnished to the persons listed below by the method indicated this �ay of April, 2008, Paula Ford, Agency Cle4 t� By U.S. Mail.. Honorable Charles "Sonny" McCoy Mayor of Monroe County Florida Keys Marathon Airport 9400 Overseas Highway, Suite 210 Key Wrest, Florida 33050 Danny L. Kolhage Clerk to the Board of County Commissioners 500 Whitehead Street Kay West, Florida 33040 Andrew Trivette Director Planning and Environmental Resources 2798 Overseas Highway, Suite 400 Marathon, Florida 33050 B. y Hand Delivery, or Interagency Mail: Craig Diamond, Bureau of State Planning, DCA Tallahassee Rebecca Jetton, ACSC Administrator, DCA Tallahassee Richard E. Shine, Assistant General Counsel, DCA Tallahassee �4 f- , C TY CO YO ORDINAN O, AU »-2 o$ AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING AMENDMENTS TO THE TEXT OF THE FOLLOWING SECTIONS OF THE MONROE COUNTY CODE; AMENDING SECTION 9.5.4 BY ADDING A DEFINITION FOR SEASONAL RESIDENTIAL UNITS-2.0, INCLUDING IN THE DEFINITION OF TRANSIENT RESIDENTIAL UNIT (T-4) SEASONAL RESIDENTIAL UNIT AND ADDING A DEFINITION FYNITION Off' TRANSITIONAL RECREATIONAL VEHICLE UNIT (T-4.1); AMENDING SEC. 9.5-215 BY.' ADDING THE USE OF SEASONAL RESIDENTIAL UNIT TO THE PURPOSE OF THE RV LAND USE DISTRICT; AMENDING SECTION 9.5244 BY ADDING THE SEASONAL RESIDENTIAL UNIT AS A MINOR CONDITIONAL USE IN THE RV LAND USE DISTRICT; PROVIDING GENERAL REQUIREMENTS FOR APPROVAL OF SEASONAL UNITS WITHIN THE RV DISTRICT; PROVIDING FOR CODIFICATION, SEVERABEUTY AND REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR FORWARDING Or THIS ORDINANCE TO THE DEPARTMENT OF COMMUNITY AFFAIRS AND THE SECRETARY OF STATE; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Thera are a total of I I RV land use districts in unincorporated Monroe Qounty containing a total of 658 RV spaces and 197 acres; WHEREAS, Monroe. County recognim the need for additional flexibility within tho RV land use district to accommodate traditional seasonal residents; WHEREAS, Historically the RV land use district has provided this flexibility; WHEREAS, Monroe County recognizes tho need for flexibility within the transient use category to provide a seasonal occupancy; WHEREAS, RV space owners desire the ability to construct new or convert existing buil4ings into permanent stuettares for personal. seasonal use; and WHEREAS,1bMonroe County wishes to preserve this seasonal, type of use in the RV land use district; and WHEREAS, The Development Review Committee convened on My 24" and August 60', 2007 to review the proposed text amendment and duly considered comments and recommendations made by staff and the public; and WHEREAS, On September 12, 2007 the Planning Commission heard the proposed text amendment in Marathon and continued it for a second healing on September 26, 2007 in Key Largo, and in due consideration of public testimony and the recommendations made by staff at both hearings, the text amendments were recommended for adoption with minor revisions for clarification purposes only; and W:10ItOVM MANAGEWNT GOMON11) Agenda Itemsk20080I 16kSeusonal Units 2nd Public HcarineORDINANCE PC SEASONAL 1tESIIMENT IAL UNITS 09 27 07 with chajigcs by PC without oikohroughs or underlines 010208.doo Reviewor Page I of WHEREAS,, On November 14, 2007 at their regularly scheduled meeting in Key Largo the Board of County Commissioners heard the proposed text amendment at a 5,00 PM Public Hearing; NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF COUNTY CON MISSIONERS, THAT: Section 1, Section 9.5-4 is hereby amended as follows; See. 9.5-4 Deffnitions - (8-2.1 ) Seasonal residential wilt is a transient residential unit with one (1) or more rooms, toilet facilities, and kitchen physically arranged to create a housekeeping establishment fox occupancy by one (1) family, with tenancies• not to exceed 180 consecutive days. (T-4) Trawienrresidenfial unit means a dw'eliing unit used for transient housing such as hotel or,motel room, seasonal residential unit, or space for parking a recreational vehicle or travel trailer. (T4.1) Tramittanal recreational vehicle unit is •a recreational vehicle unit identified for conversion from a recreational vehicle to a seasonal residential unit within an approved development agreement with Monroe County %tabjishing a phased transitlon from a traditional recreational vehicle park to a seasonal residential use. Section 2. Section 9.5-215 is beidby amended as follows: See. 9.5-215 Purpose of the Recreational Vehicle District (RV) 11 w purpose of the RV districts is to establish areas suitable for the development of destination resorts for recreational vehicles gnd other transient units each as seasonal residential units. Section 3. Section 9.5 -- 244 is hereby amended as follows: Sec. 9.5-244 Recreational Vehicle District OM. (a) The following uses are permitted as of right in the Recreational Vehicle District: (1) Recreational vehicle spaces. RV spaces are intended for use by traveling recreational vehicles. RV spaces may be leased, rented or occupied by a specific, individual recreational vehicle, for a term of less than twenty-eight (28) days, but placement of a specific, individual recreational vehicle W:1GROWTH MANAGEME-(,MBOCMMD Agenda IWMA200801 IMSeasonal Units 2nd Public Heuing\ORDWANCE PC SEASONAL RESIDENTIAL UNITS 09 27 07 with changes by PC without strikethroughs or undertines 010208.doe Revlower Page 2 of 7 re ardless of vehicle { g type or size} within a particular RV park for occupancies or tenancies of six (6) months or more is prohibited. Recreational vehicles may be stored, but aot occupied, for periods of six (6) months or greater only in an approved RV storage area (designated on a site plan approved by the director of planning) or in another appropriate district that allows storage of recreational vehicles. RV storage areas must meet all land development regulations, floodplain management regulations and building code requirements for storage of recreational vehicles. (2) Commercial retail uses of less than twenty-five hundred (2,500) square feet of floor area; and (3) Accessory uses, including permanent owner/ employee residential dwelling units. No more than one (1) permanent residential writ per three (3) RV spaces up to ten (10) percent of total spaces 11110 ted or in existence. (4) Collocations on existing antenna -supporting structures, pursuant to article VXi, Division 16, section 9.5-434.5(c) "Collocations on existing supporting structure." (5) Satellite earth stations less than two (2) meters in diameter, as accessory uses, pursuant to article V1I, division 16, section 9.5-434,5(f) "Satellite earth swiotn& ' (b) The following use is permitted as a minor conditional use in the r=eational Vehicle District, subject to the standards and procedures set forth in article III, division 3, (1) Hotels provldiug less than fifty rooms, provided that; a. The use is compatible with established land uses in the immediate vicinity; and b. One or more of the following amenities are available to guests; i. Swimming pool; I Marina; and iii. Tennis court. (2) Attached or detached seasonal residential units, provided that: a. All units within the RV land use district shall be subject to the terms and conditions of a Development Agreement as defined in 9.5-101, 9.5-102 and further defined below. b. The units meet all land development regulations, floodplain management regulations, building code, and life safety requirements for the development of transient structures; W:WROW H MANAOEMENZ30CMOMD Agenda Items1200801 IMeasonai Units 2nd Public Hearing%0RDINANCE PC SEASONAL RESIDENTIAL. UNITS 09 2707 with changes by PC without strikethroughs or underlines 0I0208.doc Reviewer Page 3 of 7 c. The development of seasonal residential units shall occur only in gated RV parks with a managing entity responsible for evacuation. d. The proposed site is subject to an approved development agreement with Monroe County detaililtg at a minimum: i. All proposed transitional recreational vehicle wets; ii. A proposed site plan; A design strategy demonstrating separation of transient unit types on the property for life safety as *oil as design that is consistent with community character, and any applicable Monroe County design guidelines; iv. A statement of commitment for -the park to adhere to transient evacuation regulations; V. A, phaslhg plan, as appropriate, detailing timelines for project completion; vi. Access to US I is by way of i. an existing curb cut; if. a signalized intersection; or iii. a curb cut that is separated from any other curb out on the same side of US I by at least four hundred (400) feet. (3) Parks and community park,; (4) Replacement of an existing antenna -supporting strtictutre pursuant to article: VII, division 16, section 9.5-434.5(b) "Replacement of an existing antenna supporting structure;" (5) Attached wireless communications facilities, as accessory uses, pursuant to article VII, division 16, section 9.5-434.5(d) "Attached wireless communications facilities;" (6) Stealth wireless communications facilities; as accessory uses, pursuant to article VU, division 16, section 9.5-434.5(e) "Stealth wireless comtunications facilities;" and (7) Satellite earth stations greater than or equal to two (2) meters in diameter, as accessory uses, pursuant to article VII, division 16, section 9.5-434.5(t) "Satellite earth stations." (c) The following uses are permitted as major conditional uses in the Recreational Vehicle District, subject to the standards and procedures set forth in article III, division 3: (1) hotels providing fifty (50) or more rooms, provided that., a. The hotel has restaurant facilities on or adjacent to the premises; and b. Access to U3 1 is by way of i. an existing curb cut; I a signalized intersection; W GROWTH MANAOEMENTIBOCOOMD Agenda € OMA20080t IMSemna€ Units 2nd public Hsaring\ORDINANCE PC SEASONAL RESIDENTIAL UNITS 09 27 07 with ohangos by pC without stdkethroughs or underItnes 0€ 0208.dor, Reviewer pap 4 of 7 j iii. a curb cut that is separated from any other curb cut on the same side ofUS 1 by at least four hundred (400) feet. (2) Marinas, provided that: a. The parcel proposed for development has, access to water at least four (4) feet below mean sew -level at mean low tide; b. The sale of goods and services is limited to fuel, food, boating, diving and sport fishing products; e. Vessels docket( or stored shall not be used for live -aboard pixposes; d. All outside storage areas are screened from adjacent uses by a solid fence, Wall or hedge at least six (6) feet in height; and e. The parcel proposed for development is separated from any established residential use by a, class C buffer -yard. (3) Reserved (4) Land use overlays, A, R, INS, PK suhject to provisions of section 9 5 2S7. (5) Wastewater treatment facility and wastewater treatment collection systen*s) serving (a) uses) located in any land use. district provided that: IL The, wastewater treatment facility and wastewater treatment collection systems) is (are) in compliance with all federal, state, and local xequirernents; and b. The wastewater treatment facility, wastewater treatment collection system(s) and accessory uses shall be screened by structures(s3 desagned to be architecturally consistent with the character of the surrounding coMmunity and minimize the impact of any outdoor storage, temporary or permanent; and G. In addition to any district boundary buffers set forth in article V1I, division 10, a planting bed, eight (8) feet in width, to be measured perpendicular to the exterior of the screening structure shall be established with the following: i. One native canopy tree for every twenty-five (25) linear feet of . screening structure and one understory tree, for every ton (10) linear feet of screening structure; and I The required trees shall be evenly distributed throughout the planting bed; and iii. The planting bed shall be installed as set forth in article VII, division 10 and maintained in perpetuity, and iv. A solid fence may be required upon determination by the planning director. W:IGROWIIf MANAGEMENTMCCIC3MD Agenda ItMA200801IMSeasonal Units 2nd Public Hearing\ORDrNANCE PC SEASONAL RBSIDEN'T1AL UNM 09 27 07 with changes by PC without strikethroughs or underlines 010208. dot Reviewer Page 5 of Section 4. Severability.. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of. any part, Section S. Repeal of Conflicting Provisions. The provisions of the Monroe County Code and all Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 6. Inclusion in the Code. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of MoWe County, Florida as an addition or amendment thereto, and shall be appropriately numbered to conform to the uniform number system of the Code. Section 7. Approval by the State Department of Community Affairs. The provisions of this Ordinance oonstiva .a "land development regulation" as Stata Taw defines that tern. Accordingly, the Monroe County Clerk is authorized to forward a copy of this Ordinance to the State Department of Community Affairs •for approval pursuant to Sections 380,05(6) and (11), MoridA.Statutes and to the Secretary of State for the State of Floiddg, as required. Section 8, Effective Dane. This Ordinance shall be effective ]numdiately upon approval by the State Department of Community Affairs pursuant to Chapter 380, Florida Statutes. REMAINDER OF PACE LEFT INTENTIONALLY BLANK W:IGROW H MANA0EME"3OCCIGMD Agenda ItOnIsU00801 MSeasonal Units 2nd Public 1•IcaringlORMANCE PC SEASONAL RESIDENTIAL UNITS 09 27 07 With changes by PC without strikothtoughs or underlines 010208. doe Reviewer Page 6of 7 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting of said Board on the 16 th day of Jau. , 2008. Mayor Charles "Sonny" McCoy Mayor Pro Tem Dixie M. Spehar Commissioner Mario Di0ennaro Commissioner George Neugent Commissioner Sylvia Murphy ATTE3'; �f 4olhageCLERK "p 1 B s� .4 Deputy Clerk .7[.a_ Tos Mess Yea Yea BOARD. OF COUNTY COMMISSIONERS OF MONROE COUNTY, FL DA By: Mayor Charles "Sonny" McCoy M014ROE COURT V ATTORNEY APPR4jt U P.4 V IVAM t W AGROWTH MANAGEMENREOCC.iGMD Agenda IternsW0801 i 0casonai Units 2ud Public HeAg10RDii+ pkE PC SEASONAL R£SiDENTTAL UNITS 09 27 07 with changa by PC without strikathroughs or underilncs 010208.doc Reviewer Page 7 of 7 co Exhibit D CASE # UNIT OWNER ITEM REQUIRING CORRECTION 0409024 34 Lopez NO PERMITS FOR SHED SCREEN ENCLOSURE. 04303640, FOR SCREEN ENCLOSURE NEVER ISSUED 611027 35 Estevez NO PERMITS FOR SHED SCREEN ENCLOSURE. E0611027 37 Castrillon SHED AND SHADE STRUCTURE E4612003 38 Orasi WOOD DECK NO PERMITS FOR SHED AND SHADE STRUCTURE E0612003 39 Garcia WOOD DECK NO PERMIT FOR SHED AND SHADE STRUCTURE E0612004 40 Silva SLAB NO PERMITS FOR SHED F0612004 41 De Castro NO PERMITS FOR SHED AND SHADE STRUCTURE E0612004 43 Besu SLAB CANVAS SHADE STRUCTURE NO PERMITS FOR SHED "E06120051 44 Valentin SHED NEVER ISSUED. E0601020 45 More'on SLAB. 0612006 46 Hernandez SLAB No perrnit for shed & aluminum enclosure. 612006 47 Cousineau NO PERMITS FOR SHED OR SLAB, E0405015 48 Laurel SLAB NO PERMITS FOR SHADE STRUCTURE. NO PERMITS FOR SHED. 6120 49 Gonzalez TIED DOWN ON JACKS, NOT ROAD READY. E0612006 50 Barrett SLAB NOT ROAD READY UNIT ON BLOCKS. E0612006 51 Montenegro SLAB & SHED E0612006 52 Marrero SLAB NOT ROAD READY UNIT HAS SKIRTING. NO PERMITS FOR SCREEN ENCLOSURE 02-1321C 53 Nunez NOT ROAD READY, UNIT SKIRTED IN. 02304525-HOT TUB NO FINALES. SLAB SHADE STRUCTURE. "E06120081 54 Chirole UNIT NOT ROAD READY. NO PERMIT FOR SHED E0612008 55 Chirole SLAB NO PERMITS FOR LIGHTS. NOT ROAD READY UNIT HAS SKIRTING. E0612008 56 Ortega 03300726 SLAB -OPEN. Exhibit D E0612008 57 Martinez 08301512-SLAB-OPEN. NOT ROAD READY UNIT HAS SKIRTING. 0412004 58 Hernandez 04303164-SLAB-OPEN. NOT ROAD READY, SKIRTING SCREEN NEVER ISSUED E0612009 59 Rodrjj2ez SLAB. NOT ROAD READY, UNIT HAS SKIRTTING E0612009 60 Diaz SHED 612009 61 Barrios SHED E0612009 62 Nicolas SLAB &SHED E0612009 63 Rafuls NO PERMIT FOR SLAB. 1020 65 Torres SLAB & SHED E0612010 66 Tomes 03305736-SLAB-OPEN. NOT ROAD READY, UNIT HAS SKIRTING. E061201 67 Abreu NOT ROAD READY UNIT HAS SKIRTING. 03305736-SLAB-OPEN. NO PERMIT OPEN ROOF. E0701009 68 Lopez E04090066 SHED, SLAB & DECK E0701009 71 Pratt SLAB AND SHED SKIRTING FENCE Not road read E0701009 72 Hunsberger No 2ermits for shed & shade strueture 0701009 75 Fernandez SLAB Not Road Read NO PERMITS SHED E0405015 76 Oliva SLAB E03070151 E04050161 CE0701009 77 Jerdani Con T1E DOWN WOOD DECK & SLAB Not Road Rcad 307014 79 Hernandez NO PERMITS ON RECORD FOR SLAB Have shed. 'W4050151 80 Garcia SLAB -07010105 81 Orta No permits for fence and shed. ,EO4050151 82 Gomez 04302995 ACCESSORY USES EXCEEDS PRINCIPLE NO PERMITS FOR WOOD DECK & CANOPY Have shed. E070101 l 84 Peres No RMjit for fence. EO701 0111 85 Jimenez NOT ROAD READY Exhibit D SHED E0701 01 Y 86 Ca on No final on permit # 04300680. E0701 0111 87 Martinez NO PERMIT FOR SHED. 410111 89 Chirole Not road remly. No final on permit ## 02302110. E0701012 90 De Arco No permit for shed. ,EO7010121 91 Llama No permit for shade structure, vers & wood deck. ,E07010132 92 Lima DECK AND SHADE STRUCTURE NO PERMIT FOR SHED '-E06010201 93 Labrador No finals for aluminum enclosure & slab. No permit for shed. CE0704021 94 Furones No Permit for concrete slab poured 4-24-07 E0701413 95 af6 Tran.spo No final on pErmit #0230005. "-E07010130 99 Baker No permits for central air conditioner and shade structure. 124 Not road ready. E0601019 126 Molina No it for wooden fence & deck. 02-1365C 200 Lamas SHED PERMIT. CE03040180 PROPERTY HAS A FINE & LIEN CE0612002 201 Duran VACANT NO PERMITS FOR SLAB 202 VACANT NO PERMITS FOR SLAB E0611025 203 Gonzalez NO PERMITS FOR SHED AND SLAB E0611025 204 Duran NO PERMITS FOR SHED & OPEN ROOF 205 VACANT NO PERMITS FOR SHED AND SLAB CE0611023 206 Delgado NOT ROAD READY UNIT HAS SKIRTING 02303341-SCREEN ENCLOSURE -VOID 02301417-SLAB-OPEN CE0611026 208 Alvarez NO PERMITS FOR SLAB CE0611027 209 Ballester 02301496 NOT FINALED 210 VACANT CONC SLAB NO PERMIT kCE-0-61-10-271�21 I Goodrich 05302012-SLAB-VOID IM IT!TD WD7 CE0404024 212 Hernandez SHED OPEN ROOF 04303090-VOID, CE0611027 213 Peter NOT ROAD READY UNri' HAS SKIRTING. 05302196-TILES-OPEN. 03 300677-SLAB-OPEN. CE0612000 215 Alfonso 05301713-SLAB-OPEN. CE0612000 216 Nicholls 05302425- atio roof & screenroom-o en. 05302011- ado slab -open. 217 VACANT NO PERMrr FOR SLAB. 218 NO PERMITS FOR, SHADE STRUCTURE SHED, WOOD DECK. CE0612003 219 Downing NO PERMITS FOR,SHED, SLAB WOOD DECK, SHADE STRUCTURE BOAT PORT. CE0612003 220 Balu'a NO PERMITS CE0612003 221 Rubi NO PERMIT FOR SHED AND STONE SLAB E0601020 222 Johnson NO PERMITS CE06120029 E0403022 223 Moroa No permit for canvas shed E0601020 224 Manatee VACANT, NO PERMITS Landing LLC 225 VACANT NO PERMUS CE0612000 226 Sunset Vic No final for 2crmits. No permit for concrete slab. LLC CE0612002J245 torresa ast No permits screened enclosure and shed, Permit 08302012-2 decks & fence, -open -good till 11/29/08 SLAB AND WOOD DECK CE0612002Cambo concrete slab & fence -no ermits E0612001Hutchins E0601022Gomez fencc slab NOT ROAD READY, UNIT HAS SKIRTING 'E06010215 246 Viciedo No permit for aluminum enclosure shed,fenne slab NOT ROAD READY, UNIT HAS SKIRTING 'E06010211 247 1 Barrios NOT ROAD READY NO SHED PERMIT UNrr HAS SKIRTING. 612001 253 Martinez No VMit for shed. No final for permit ##02302165. Exhibit D :M0601021A 254 Rebull Not road ready. No final on pennit #03304327 for screen 04301040 ISSUED 03302185 FINALED 03304327 ISSUED 0612001 255 Alvarez E0404027 256 Alvarez FENCE No final on SLAB E0612001 257 Rojas E0612001 258 Dona E0701009 260 Audrain No permits for shed or fence 7E0405014 301 Gonzalez No permit for shed. permit 05300489 for pw. Pedestal not issued 061200I 302 Orasi No permits for shed and slab permit 03301374 for demo wood deck no inspection permit 053000488 for pw pedestal not inssued E0612001 303 Jimenez No permits for shed,slab and pavers, permit for ATF shed & concrete slab-07303147 no final permit 05300490 for power e2destal -not issued 307014 304 Perez No permits for wooden deck slab and shed. E061200I 305 Diaz E0612001 306 Gonzalez No its for shed and REvers. E061200 307 Beoto No permits for shed wooden deck and slab. Not road ready. M06120021 308 Garcia shed pedestal. No permit for wooden deck. Not road ready. F04050I4 309 Sanchez No permits for wooden dock shed and slab Not road real . E0612002 310 Guidi Not road ready, E0405014 311 Fernandez No pErmits for canvas shade structure slab and deck. E04030023 Not road ready. E0403002 312 Perez NO PERMIT FOR SHADE CANOPY, NOT ROAD READY UNIT HAS SKIRTING. NO PERMIT FOR SHED. E040902I 313 Dunkley 0430335 ooncreate slab/aluminum roof over E04030028 NOT ROAD READY UNIT HAS SKIRTING. INO PERMrr FOR SHED. Exhibit D E04050141 314 Milian NO PERMIT FOR SLAB SHED OPEN ROOF. E04030029 NOT ROAD READY, E04090216 E06I2012 315 Leon NOT ROAD READY. E0612012 316 Leon NO PERMrr FOR SLAB. ,EO5050291 317 Labrador ATF 05302495-SHED NOT ROAD READY E0612013 318 Reece NOT ROAD READY UNIT HAS SKIRTING. F.06I2014 319 Falcon NOT ROAD READY '-E06120151 320 Ramos NO PERMITS FOR SHED, NOT ROAD READY. 01-0763C 326 Suarez No permit for wooden dock and shed. M0404019 327 Fernandez NO PERMIT FOR SHED. 329 VACANT NO PERMITS FOR SLAB. E0702027 330 Carrero No permits for slab £0612002 331 Iernandez No Permit for shed, #0 13 0471 0-patio slab over small slab -no final inspect E0702003 332 Ale'o No permits for shed white picket fence and shade structure, 702003 333 Moreno No permits for shed and shade structure frame. no permits applied for or issued for shed bade shtict CE0702003 334 Duran No permits for pavers and shade structure, no permits applied for E0601022 338 Contador NO PERMIT FOR SHED. E0702003 339 Marrero No permits for shed and wooden deck. #02301777-slab has no final inspection :M07020031 340 Williams No permits for shed wooden deck concrete slab and shade structures. 702003 341 Oliveira No permits for shed wooden deck, concrete slab FENCE M0702004i 342 Perez No permits for shed, wooden deck, concrete slab and shade structure's frame. E0702004 343 Guillama No Permits for shed and wooden deck. INO ICE07020191 344 1 Guerra SHED PERMIT Exhibit D nopermits applied for or issued E0702004 345 Rodriguez No permit for wooden deck and concrete slab. no permits applied for or issued E0405015 346 Duran No permit for slab. Permit #04303018 not issued. -EO702004d 347 Gonzalez No permit for slab. E0702004 348 Hernandez No permits for deck and screen enclosure. 02-1234C No permit for shed. E0702005 349 Herrera No permits for shed. E0702005 350 Ramirez No permits for shed and concrete slab. M07020051 351 Ale'o No permits for shed slab and white picket fence. 02-1235C 352 O'eda No permits for shed, wooden deck concrete slab E07020055 and shade structures. -1207020051 353 Valdes No permits for shed, wooden deck and concrete slab. E0405013 354 rez & Romi No final for permit #0203582. E0702006 355 Baltar No permits for shed wooden deck and concrete slab. -EO7020061 356 Fontela No permit for shed. Not road ready. 357 SHED SLAB VACANT Ir0702006 358 No permit for mobile on blocks. -B076200& 359 Martinez No permit for shed. Not road ready. E0702006 360 Enriquez Not road ready. NO PERMIT FOR SHED AND DECK. E0405015 361 LopezNo final for aluminum roof. No ESrmit for slab. �E0702007q 361E Dis irito No ermits for shed & shade structure. Exhibit D _E0702000 362 Abad No permits for slab shed and wooden deck. 702006 363 O'Farrell No permit fnr shed. E0702007 364 Castro No permits for shed and slab. Not road ready. ,EO7020074 365 Labrador No permits for shed and slab. 'B0702007t 366 Labrador No permits for shed and screened enclosure. Not road ready. No permit for wooden deck. M04050151 367 Barrios No permits for wooden deck and SLAB E04030035 E0702008 368 Marrero No permits for shed and slab. E0702008 169 Portal No pennits for shed and slab. —EO702008:370 Ravelo No permits for shed and slab. E0702008 371 Hernandez No permits for shed and slab. RV is not road ready. -BO702OO& 372 Perez No permits for shed slab, shade structure and avers. E0702008 373 Berson No permits for shed and slab. E070200$ 374 Veliz No permits for shed and shade structure frame. 04300244-SLAB-OPEN. 02300435-SLAB-NO INSPECTIONS. E0702008 375 Benitez No permits for shed and slab. E0702008 376 Beoto NO PFRMITS FOR SHED WOODEN DECK E0702008 377 Fernandez No permit for shed. M0601022i 378 Gonzalez No permit for shed and wood deck. E0405014 379 Fernandez No permit for slab. E0307OI40 Not road ready. No permit for wooden deck and shed. E0702009 380 Gonzalez No permit for shed. RV on blocks. Not road ready, E070201 381 Gonzalez No permit for shed and slab. RV on blocks. Not road ready. E0702012 382 Herrere No permits for shed and wooden deck. Not road ready. 2012 384 Lo No ermits for shed and slab. 2012 P 395 ssi-Macha No permits for shed and screcn enclosure. Not road ready. Exhibit D CE07020121 386 Menendez No permits for shed slab screen enclosure and shade structure frame. Not road ready. 702012 387 Do La Torg No penrdts for shed slab screen enclosure and shade structure frame. Not road ready. E0702013 388 Say Pedro no permit for shed, slab and pavers not road read . 392 SLAB, NO PERMIT - VACANT LOT. E0702013 393 Nunez No permits for shed,slab avers and shade structure. Not road read . E0702013 394 Garcia No permits for shed lab decks and shade structure. Not road ready. E0702013 395 Lugo No permits for shed slab and shade structure. Not road ready. E0702013 396 Maresma No permits for shed deck and shade structure. Not road read . 0403004 401 Lopez 04303256 PERMIT FOR WOOD DECK NEVER 090217 ISSUED NO PERMMS FOR SLAB & SHADE STRUCTURE Not road ready,have skirtin . E0700013 402 Herrera NO PERMITS ON RECORD FOR SLAB SHED 0702014 403 Orta NO PERMITS FOR SHED CONCRETE SLAB M07020141 404 Ganda NO PERMITS FOR SLAB Not road ready,skirting screwed in. E0601019 405 Castilla PERMIT #03305092 FOR TILED SLAB - OPEN NO PERMITS SHADE STRUCTURE OR SHED Not road read , have skirting. M07020145 406 Iglesias NO PERMIT FOR SLAB CE0702015 407 Fernandez NO PERMIT FOR SLAB, PERMTr #08303225 TREE REMOVAL - OPEN CE07020151 408 Garcia NO PERMITS FOR FENCE DEMO OF SHED CE05050311 SLAB SKIRTING Permits APPLIED for but never PICKED UP #05305754 and #05303431 CE0307013 409 Guion NO PERMITS ON RECORD FOR SLAB CE07020153 There is a shed on site, Not road ready. CE0702015 410 1 Feliz There is a shed on site. Exhibit D CE0702015 411 Hawkins SLAB SHED Not road ready. CE0702015 412 Polo PERMIT 03304242 FOR SLAB - OPEN There is a shed on site. E0702016 413 uintero NO PERMITS ON RECORD FOR SLAB There is a shod on site. 0702016 414 Diaz PERMIT #04300802 FOR SLAB & FENCE - OPEN E0702016 415 Sanchez E0702016 416 Lakkundi Aluminum screen enclosure CE070201& 417 Pena NO PERMITS ON RECORD FOR SLAB SHED CE0702016 418 Hernandez NO PERMITS ON RECORD FOR SLAB SHED CE03070141 419 Diaz NO ATF PERMIT FOR CONCRETE SLAB. Havc shed. 0702016 420 S asiuk 01304536 FOR SLAB - OPEN NO PERMIT FOR WOOD DECK Have shed. E0702016 421 Di Nicola Have shed, slab Not road ready. '-E07020161 422 Di Nicola NO PERMITS ON RECORD FOR SLAB & SHADE STRUCTURE and shed Not road ready. E0307014 424 Cortina NO PERMITS ON RECORD FOR SLAB CE07020171 425 O uendo NO PERMITS ON RECORD FOR SLAB 426 VACANT NO PERMITS FOR SLAB, & SHED 01-0770C 1 427 Morrissey NO PERMITS ON RECORD FOR STAB & E07020179 ENCLOSURE WOOD STORAGE UNIT ATTACHED TO RN Have shed. Not road ready. E0702017 428 Latour NO PERMITS FOUND FOR WOOD DECK Have shed. E0702017 429 Reina NO PERMITS ON RECORD FOR SLAB & SHADE STRUCTURE Have shed. Exhibit D E0702017 430 cotic Center 03304099 FOR SLAB & ALUMINUM PATIO - OPEN Have shed. E0702017 431 Der 03301844 FOR SLAB - OPEN NO PERMIT FOR SCREEN ENCLOSURE Have shed and canvas tubing, Not road ready. 7020I$ 432 Michel NO PERMITS ON RECORD FOR SLAB & SHADE STRUCTURE, ALUM TUVElCANVAS & WOOD DECK Have shed. F.070201$ 433 Rios NO PERMIT FOR SLAB & SHADE STRUCTURE Have shed. On blocks- not road read E07020I8 434 Bello NO PERMITS ON RECORD FOR SLAB On blocks- not road read E0702018 435 Sebastian NO PERMITS ON RECORD FOR SLAB & SHADE STRUCTURE, CANVAS SHADE ADDED Have shed. E070201$ 436 er Famil NO PERMITS ON RECORD FOR SLAB Have shed. 437 VACANT - NO PERMITS ON RECORD FOR SLAB ::EO7020181 438 Perez NO PERMITS ON RECORD FOR SLAB & SCREEN ENCLOSURE Have shed. Not road ready. E0702019 439 Sanchez 00303755 FOR OPEN PATIO CONCRETE SLAB & 01302943 - CLOSED Have shed. Not road ready. E0702019 '440 Gardenache NO PERMITS ON RECORD FOR SLAB & SHADE STRUCTURE Have shed. Not road ready. E0409000 441 Hernandez NO PERMITS ON RECORD FOR SLAB & SHADE STRUCTURE TURNED INTO SCREEN ROOM Have shed, E0405015 442 Rodrijqez Have shed. E07020193 E0405015 443 Corrales NO PERMITS ON RECORD FOR SLAB & SHADE STRUCTURE Have shed. 445 VACANT - NO PERMITS ON RECORD 446 1 IVACANT - NO PERMITS ON RECORD Exhibit D 0702019 447 Martinez NO PERMITS ON RECORD FOR SLAB & SHADE STRUTURE OR WOOD DECK Have shed. Not road ready. E0702019 448 More'on 01304495 TREE REMOVAL - EXPIRED 02303999 DEMO OF FENCE CANVAS - EXPIRED Have shed. Not road ready. 'EO7020120 449 Palmer NO PERMITS ON RECORD FOR SLAB Have shed. Road ready. E0702012 450 Triana NO PERMITS ON RECORD FOR SLAB & SHADE STRUCTURE Have shed. E0702020 451 Egued NO PERMITS ON RECORD FOR SLAB, TUBE & CANVAS Have shed -EO7020201 452 Rodriguez NO PERMITS ON RECORD FOR SLAB Have shed & aluminum poles canvas E070202 453 Martin NO PERMITS ON RECORD FOR SLAB,'TUBING & CANVAS Have shed. E0702020 454 Perez NO PERMITS ON RECORD FOR SLAB, ALUMIN. FRAME & TUBING FOR CANVAS Have shed. --EO7020204 455 Delgado 02303648 FOR SLAB -EXPIRED Have shed. E0702020 456 Stalder NO PERMITS ON RECORD FOR SLAB Have shed tubing & canvas. --E070202oq 457 Winne NO PERMITS ON RECORD FOR SLAB, CHAIN LINK FENCE E0702021 458 LoM NO PERMITS ON RECORD FOR SLAB 459 VACANT - NO PERMITS ON RECORD FOR SLAB ,E0307013q 460 Reyes NO PERMITS FOR SLAB & SHADE STRUCTURE E07020211 'E070202E 461 Cruz NO PERMITS ON RECORD FOR SLAB & SHADE STRUCTURE Have shed. Tubing & canvas E0702021 462 Martinez NO PERMITS ON RECORD FOR SLAB & SHADE Exhibit D STRUCTURE Have shed and skirting. E0307013 463 Suarez NO PERMITS ON RECORD FOR SLAB shed E0702021 4M Rodriguez NO PERMITS ON RECORD FOR SLAB WOOD DECK, TUBING & CANVAS GROUND Have shed. CE07020231 466 Rodriguez NO PERMITS ON RECORD FOR SLAB & SHADE STRUCTURE Have shad. 0307015 467 Barcelo 01302912 ATF REPAIR OF DECK W/STAIRS & E07020216 INSTALLATION OF SKIRTING RE -PLACING THE EXISTING DECK & SKIRTING - VOID Have shed Not road read Y. E0601018 468 Mendez 03302205 FOR ALUM SCREEN ENCLOSURE - NEVER ISSUED NO PERMIT FOR SLAB ZM07020217, 469 Ortiz NO PERMITS ON RECORD FOR SHADE STRUC. & WOOD DECK Have shed. Not road ready. CE07020211 470 Bello NO PERMITS ON RECORD FOR WOOD DECK & SHADE STRUCTURE Have shed. Not road ready. 471 VACANT - NO PERMITS ON RECORD 0702022 472 Padron NO PERMITS ON RECORD FOR WOOD DECK & SHADESTRUCTURE Have shed tubing & canvas shade structure. Not road mad . E0307015 473 Valdez NO PERMITS ON RECORD Have shed. Not road ready, E0702022 475 VegaHave shed tubing& canvas shade structure. E0702022 476 Hernandez Have shed tubing& canvas shade structure. E0702022 477 Arts eta 05301486 SCREEN & ROOF -NEVER ISSUED Have shed. '�E07020221 478 Luis NO PERMITS ON RECORD FOR SLAB & ENCLOSURE, SHED ADDED Not road ready. Exhibit D CE0611025 481 Nosh NOT ROAD READY NO PERMIT FOR SCREEN POR NOT ROAD READY. CE061 I025 482 Perez NO PERMITS FOR PLASTIC ENCLOSURE, OR SHEDS Xthree Not road ready. 'E06110261 484 Reina No permits for shed and slab. Mobile home on blocks. Not road ready. 0611026 485 Sulzer NO PERMITS FOR SHED E061 IO2b 486 Oliva THERE ARE PERMTM ON FILE 61 I026 487 Palmer NO PERMITS SHED SLAB SHADE STRUCTURE. 0611026 488 Perez NO PERMITS FOR SHED -E06110261 489 Sanchez NO PERMIT FOR SHED ,E07020225 490 Sanchez 08301004 TREE REMOVAL - OPEN 05302540 ATF SCREEN ENCLOSURE WISLAB APPLIED FOR - NOT ISSUED Have shed E0702023 491 Rodriguez SHADE STRUCTURE and shed 0702025 492 Ramirez NO PERMITS ON RECORD FOR SHADE STRUC. CONCRETE SLAB Have shed. L0702025 493 De Urrutia NO PERMITS ON RECORD M07020251 494 Gomez shed E0702025 495 Valdes NO PERMITS ON RECORD FOR SHADE STURCT. Have shed. F,070202 496 Meyer NO PERMITS FOUND FOR SCREENED SHADE STRUCTURE Have shed -1107020261 497 Mala on 05303915 TREE REMOVAL - OPEN 0I304332 FOR CONCRETE SLAB ONLY - OPEN E0702026 498 Ora.ci NO PERMITS ON RECORD FOR SHADE STRUCT. WOOD DECK Have shed Not road ready. M07020261 499 1 Pena NO PERMITS ON RECORD FOR SHADE STRUCT. WOOD DECK Exhibit D DECK ALSO SKIRTED Not road ready. :M06010171 501 Iglesias No permit for slab, aluminum enclosure and shed with airconditioner. Not road ready, "-EO70202& 502 Ginoris No permits for shed fence, concrete slab Not road ready. No permit for screen enclosure E0702026 503 Martinez Not road ready, Enclosure attached to RV. No rmit for shed E060101 B 504 Del Rio No permit for wooden deck, and shade structure No 2=its applied for or issued for anything 505 RN ON SLAB WITH SHED No permits for concrete slab wood deck and shed. E0702026 506 Herrera No 2effnit for shed. '—E07020265 507 Perez No permits for concrete slab wood deck and shed, No permit for alum. Shade structure E0702027 508 Vera No permit for shed, No final on permit # 03302746 Permit 03302253-Slab co letet screen room -no final CE0701018 509 Oliva Not road ready. No final for permit #02313646. No permit for wooden deck. No permit for canvas enclosure E0701018 510 Femandez No Pennit for wood deck No permit for slab :�E0701018i 511 Alfonso No permit for shed and concrete slab. SHED ADDED E0701017 512 Femandez No permit for shed.No final on permit #03302257. Permit 03302558-screen parch on exist.slob-com lete E0701017 513 Sanchoyertc No permit for fence and shed. E0701017 514 Gonzalez No permit for shed and slab. Enclosure attached ,to RV. Not road ready. Exhibit D SHADE CANOPY ADDED. -E07010171 515 Hernandez No pErmits for concrete slab, wood deck and shed. 01017 517 Ruiz No permit for shed and fence. No permit for shade structure E0701017 518 Galvez No PErnlit for concrete slab. No Permit for screen enclosure 60101$ 519 Ramirez No permit for shed. CE0701010 520 Martinez No permit for shed. CE0701016 521 Ramirez No permit for shed. CE0701016 522 Vera No final on permit # 03303352. 523 NO PERMITS ON RECORD FOR SLAB VACANT CE0701016 524 Rodnguez NO PERMITS ON RECORD FOR NEWS CREEK ENCLOSURE Have shed. 0701015 525 Luis NO PERMITS ON RECORD FOR TILED SCREEN ENCLOSURE Not road ready. -M7010151 526 Perdal NO PERMITS ON RECORD FOR SHADE STRUCT. & DECK Have shed. E0701015 527 Rios NO PERMITS ON RECORD FOR ENCOSURE GLASS BAR/CABINETS Have shed. Not road ready. E0701015 528 Galvez INO PERMITS ON RECORD FOR ATTACHED SHADE STRUCTURE & WOOD DECK Have shed. Not road ready. E0701014 529 Hernandez NO PERMITS ON RECORD FOR SHADE STRUCT. W/WOOD DECK Have shed. Not road ready. E0701014 530 Rodriguez NO PERMITS ON RECORD FOR SHADE STRUCT. W/WOOD DECK Have shed. Not road ready. E Exhibit E ExhiNL E M., k.)T.7Ti� ail �;J"i f '+F F'♦ M.' `ram 1 !k'l.'}?']f �I'"d:d7*.saaik�l3 ��ErLelJlll2des�cvr��� fwi'ir1.Mi��'rr1�. 'r rr F'y i+lvs Exhibit F- Site Plan 19 rca6� CIS zc —off iw�j-rFa #CNN .£6'999 Vd wOQ � L a aQ 3D*W,43 4 F Exhibit G- Evacuation Plan CALUSA CAMPGROUND ASSOCIATION EVACUATION PLAN Calusa employs a full time management team that manages the operation of the campground, including the evacuation of the campground in the event of a Visitor Evacuation Order. The management office will monitor all Atlantic Hurricanes to evaluate the potential threat to the Calusa Campground. Upon issuance of a Visitor Evacuation Order by Monroe County, the management team will take the following actions; i . Immediately a notice of the Visitor Evacuation Order will be placed on the gate at the entrance to the Campground Property that a Visitor Evacuation has been ordered by Monroe County. 2. No new guests will be admitted to the campground property. 3. No persons will be admitted to the campground property for any purpose other than to secure any loose items that may become projectiles, or to gather vehicles and/or other persons to evacuate Monroe County. 4. The management team will start a phone bank to notify all occupants that a Visitor Evacuation Order has been issued and all occupants must evacuate Monroe County immediately, 5. The management team will contact Guys Towing Service to arrange to tow all RVs that have not been removed from the campground property six (6) hours after the Visitor Evacuation Order is issued to the designated RV storage area on the site plan. 6. Four (4) hours after the Visitor Evacuation Order is issued, the management team will direct the security personnel to patrol the campground property to demand all remaining occupants immediately leave the campground property. 7. Six (6) hours after the Visitor Evacuation Order is issued, the management team will coordinate with the towing service to tow all RVs that have not been removed from the campground property to the designated RV storage area on the site plan. 8. The management team will secure the RV storage area and verify all occupants have evacuated the campground property. 20 AFFI77AVIT (State of Florida) (County of Monroe) Before me the undersigned authority, personally appeared on �j 9r17 ��2___ 2009 , who, after being duly sworn deposes and §ays that the following statements are true and correct to the best of his/her knowledge and belief. The was on the day of 2009. This waterproof sign(s) contained an area of a east I1" x 17". The sign containing the legal notice was placed on the property in compliance with the 15-day posting requirements of the Monroe County Code. The property was posted to notice a public hearing before the Monroe County Bo rd of County Commissioners to be held on The sign(s) are clearly visible from all public streets adjacent to this property. 2 A photograph of that waterproof sign(s) containing legal notice ttached hereto. Witnes ass Prin IiD tr 0 Q r/ri�eZ am of ffia(n�t �jy�Q' i Print name3�hjfyq 4 STATE OF FLORIDA COUNTY OF MONROE Date Address City, State, Zipr The foregoing instrument was acknowledged bcfori me this :lir day of--_QQr I _ 2009.by ai-,a_ 4c f eei who i personaIl- -:E:nown ton or who has produced as ident vho—di'cf take an oath. NOTARY PUBJJC.STATE OF FLORIDA "".., , Margaret E.S. Warnaar i Commission #DD695777 �` •=Expires: jULY 17, 2011 BONED THRV ATt AhTtc BONDING cc we NOTA � PU Sign �fjj Print AA. of �, h l ViQePi State of F orida at Large (seal) My Commission expires: ry Ju 19 All �ly"Y��c- #�Y' �-:f���.. .'�:�tii�2". "{r{'� Y.'�' ±�:ti °� - f'.�` �i� ���.•. },+-+""'tom" y---�.,�,- 's�v. � �.�:.'� {�_".�M1�'t �. �• �,':'. �: ��:.' x 'h:: la.ti.k �}. I.. ��f�'{� �'i}f ..•F.� 4�. {�'.�rf .. � 4 �y li l�I .}`-� - Alt M 12 CALUSA CAMPGROUND ASSOCIATION, INC., Plaintiff, v. MNM' S OF THE KEYS, INC., MELERIC INVESTMENTS, INC. and MARTHA NOVAL, individually, Defendants, MONROE COUNTY Intervenor. IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT, IN AND FOR MONROE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. 07-CA-375-P RECEIVED MONROE COUNTY ATTORNrY ORDER GRANTING SECOND RENEWED MOTION FOR SUMMARY JUDGMENT AND RESOLVING RELATED MOTIONS This cause came before the Court on May 27, 2009 and May 29, 2009 upon Plaintiff's Second Renewed Motion for Summary Judgment and certain related motions (Defendants' Motion to Strike the Affidavit of Robert Wells, Plaintiff's Motion to Strike Affidavit of Jeffrey Stuncard, and Defendants' Motion to Continue Hearing on Plaintiffs Second Renewed Motion for Summary Judgment). The Court, having heard lengthy argument by counsel, having reviewed the entire court file and the legal memoranda that the Court requested, and having been otherwise fully advised, hereby finds, adjudges and orders as follows: 1. Defendants' Motion to Strike Affidavit of Robert Wells is DENIED. FTL:3038338:1 2. Plaintiffs Motion to Strike Affidavit of Jeffrey Stuncard is GRANTED as to Paragraph 3 of the affidavit. 3. Defendants' Motion to Continue Hearing on Plaintiffs Second Renewed Motion for Summary Judgment is DENIED. This Court has already granted the Defendants several continuances with respect to Plaintiff's attempt to seek Summary Judgment on Count II of the Second Amended Complaint. On February 6; 2009, for example, this Court granted Defendants' Motion to Continue the Hearing on Plaintiff's earlier Motion for Summary Judgment regarding Count II of the Second Amended Complaint. Then again, on April 7, 2009, this Court granted Defendants' Motion to Continue Hearing on Plaintiff's Renewed Motion for Summary Judgment regarding Count II of the Second Amended Complaint. Indeed, on May 27, 2009, after it was brought to the Court's attention that the Defendants failed to serve four pleadings relating to the Second Renewed Motion for Summary Judgment (i.e., Motion to Strike Affidavit of Robert Wells, Affidavit of Jeffrey Stuncard, Request for Judicial Notice (RU- 6), and Defendants' Response to Plaintiffs Second Renewed Motion for Summary Judgment), this Court, yet again, granted Defendants' Motion to Continue the Hearing and rescheduled the hearing to May 29, 2009 in order to give the Defendants an opportunity to have this issue decided on the merits. 4. Plaintiffs Second Renewed Motion for Summary Judgment is GRANTED on Count II of the Second Amended Complaint. As set forth in more detail below, the Access Road on the Access Parcel depicted in the 1973 Easement Agreement that is attached hereto is impressed with an express easement appurtenant for access to the Plaintiff's Campground Property for 350-400 units on the FTL:3438338:1 2 Campground Property. This is a permanent easement for access to the Calusa Campground Property for all of the owners, occupants, guests and staff of Plaintiff. 5. In reaching this conclusion, this Court has considered the entire court file and, in particular, the following documents, together with attachments, that were filed in connection with the Plaintiffs Second Renewed Motion for Summary Judgment: Defendant's' Response to Plaintiffs Second Renewed Motion for Summary Judgment, the affidavit of Martha Nova] dated January 30, 2009, the affidavit of Jaime Canaves dated May 14, 2009, the affidavits of Adalberto Vigil dated May 18, 2009 and May 25, 2009, the affidavit of Jeffrey Stuncard dated May 20, 2009 (with the exception of paragraph 3), the undated affidavit of Bernardo Farinas filed May 14, 2009, the affidavits of Manuel Noval dated May 22, 2009 and May 22, 2009,` the affidavit of George Eager dated December 14, 2007, and the affidavits of Robert Wells dated February 18, 2008 and April 29, 2009. 6. In connection with this ruling, this Court finds and adjudges as follows: a. On February 28, 1973, George Eager ("Eager") owned the property located at 325 Calusa Street (the "Campground Property") and Mighty Mite Controls, Inc. ("Mighty Mite") owned the property more specifically described as Monroe County Alternate Key Numbers 9034840 and 1095150 (the "Access Parcel"). Robert Wells February 19, 2008 Affidavit ¶T 9-15; Robert Wells April 29, 2009 Affidavit 115; Eager Aff. TT 4 & 6. b. On February 28, 1973, Eager and Mighty Mite entered into an "Agreement" (the "1973 Easement Agreement," a copy of which is attached to this Order) for Eager to "build a road on [the Access Parcel] to provide access to [the FTL:3038338:1 3 Campground] property." The Agreement provided that Eager would build the road on the Access Parcel as shown in the drawing attached to the Agreement (the "Access Road"). Wells February 19, 2008 Aff. ¶¶ 5-9 & pp. 6-9; Robert Wells April 29, 2009 Affidavit 114, 6, 7; Eager Aff. � 5 & pp. 6-9. c. In 1973, Robert Wells was the Vice President of Mighty Mite and was personally involved in negotiating the 1973 Easement Agreement on behalf of Mighty Mite. Robert Wells is currently the President of Mighty Mite. Robert Wells April 29, 2009 Affidavit ¶¶ 5, 8. d. Mighty Mite intended to grant an easement over the Access Road for access to the Campground Property for 350-400 units that would be developed on the Plaintiff Campground Property. Mighty Mite intended for the easement over the Access Road to be a permanent easement for access to the Campground Properly for all the owners, occupants, guests and staff of Plaintiff. Robert Wells April 29, 2009 Affidavit ¶T 6, 9, 10. e. Indeed, the Access Road has been continuously used for over 35 years in accordance with the 1973 Easement Agreement to access all of the units at the Plaintiff Campground Property. Robert Wells April 29, 2009 Affidavit % 6, 9, 10. f. The Access Road on the Access Parcel is, therefore, impressed with an express easement appurtenant for access to the Plaintiff Campground Property for 350-400 units on the Plaintiffs Campground Property. Robert Wells April 29, 2009 Affidavit. The Plaintiff (i.e., Calusa Campground Condominium Association and its unit owners) are successors in interest to Eager, and beneficiaries of the express easement, because the Plaintiff Calusa FTL:3038338:1 4 Campground Condominium, located on the Campground Property, was created by Eager in 1998. See Calusa Campground Condominium Association Declaration of Condominium. 7. In connection with this ruling, this Court has also considered the Defendants' affirmative defenses. This Court finds that each affirmative defense is insufficient, as a matter of law, to defeat Summary Judgment in Plaintiff's favor. a. Defendants' First Affirmative Defense fails as a matter of law because Plaintiff has clearly established a need for a judicial determination of the proper construction of the 1973 Easement Agreement because the Defendants have threatened to cut off Plaintiffs access to the property through the Access Road. (Deposition of Adalberto Vigil at 88, 93-97, filed with the Court on March 21, 2008). b. Defendants' Second Affirmative Defense fails as a matter of law. The statute of frauds does not apply to this case because the 1973 Easement Agreement is in writing. Robert Wells April 29, 2009 Affidavit; Robert Wells February 19, 2008 Aff. p. 6-9; Eager Affidavit at pp. 6-9. c. Defendants' Third Affirmative Defense fails as a matter of law because Plaintiff brought this suit shortly after (and well within the statute of limitations of) the Defendants' acquisition of the Access Parcel. See Complaint, Deposition of Adalberto Vigil at 88. d. Defendants' Fourth Affirmative Defense fails as a matter of law because Mighty Mite owned the Access Parcel in 1973 and therefore had the capacity and legal ability to convey the easement over the Access Road. February 19, 2008 Affidavit of Robert Wells at 8-11, 13-14, and Exhibits C. and D. FTL:3038338:1 5 e, Defendants' Fifth Affirmative Defense fails as a matter of law because the 1973 Easement Agreement created an access easement appurtenant to the Plaintiff Campground Property. Access easements are appurtenant to the dominant parcel, and, as testified to by Mighty Mite: "Mighty Mite Controls Inc. intended to grant an easement for access to the Calusa Campground Property for all the units that would be developed on the Calusa Campground Property." In other words, Mighty Mite testified, and this Court finds, that "it was not an easement personal to George Eager." Robert Wells April 29, 2009 Affidavit 116, 9, 10; Wells February 19, 2008 Aff. p. 6; Eager Aff. p. 6. £ Defendant's Sixth Affirmative Defense fails as a matter of law because the 1973 Easement Agreement created an easement appurtenant to the ownership of the Plaintiff Campground Property, which runs with the land for the benefit of Plaintiff and its unit owners (including occupants, guests and staff of Plaintiff) as successors in interest to Eager. Robert Wells April 29, 2009 Affidavit IN 6, 9, 10; Wells February 19, 2008 Aff. p. 6; Eager Aff. p. 6. g. Defendants' Seventh Affirmative Defense fails as a matter of law because there was no point in time at which a single entity owned both the Access Parcel and every unit within Plaintiff Calusa. This Court is mindful that Eager purchased the Access Parcel in 2003, but at that time, he did not own every unit within Calusa on the Campground Property. See 2003 Road Access Deed (attached to Second Renewed Motion for Summary Judgment); Calusa Campground Condominium Association Declaration of Condominium (attached to Second Amended Complaint). FTL:3038338:1 6 h. Defendants' Eighth Affirmative Defense fails as a matter of law because this Court finds that Mighty Mite intended to grant an easement for permanent access to the Plaintiff for 350-400 units that would be developed on the Plaintiff's Campground Property. Again, the Access Road has been continuously used for over 35 years in accordance with the 1973 Easement Agreement to access all of the units at Plaintiffs Campground Property. Robert Wells April 29, 2009 Affidavit ¶T 6, 9, 10; Wells February 19, 2008 Aff. p. 6-9. i. Defendants' Ninth Affirmative Defense fails as a matter of law because the 1973 Easement Agreement was recorded at Monroe County Official Record Book 1515, Pages 458- 461. Wells February 19, 2008 Aff. p. 6-9. The 1973 Easement Agreement was even cited as an exception to Defendants' title policy when Defendants' purchased the Access Parcel. See Exception ##9 to Defendants' title insurance policy for the Access Parcel. As a result, Defendants had both actual and constructive notice of the 1973 Easement Agreement when they purchased the Access Parcel. j. Defendants' Tenth and Eleventh Affirmative Defenses fail as a matter of law. Plaintiff is not estopped from claiming the existence of an express easement, nor has Plaintiff waived a claim to the easement. Indeed, an easement appurtenant is transferred with the dominant property even if there is no mention of the easement in the instrument of transfer. Robert Wells April 29, 2009 Affidavit TT 6, 9, 10; Wells February 19, 2008 Aff. p. 6-9. k. Defendants' Twelfth Affirmative Defense fails as a matter of law because, again, this action was filed almost immediately after Defendants purchased FTL:3038338:9 7 the Access Parcel, and Defendants made a demand for $1.3 million to sell the Access Parcel to Calusa. Deposition of Adalberto Vigil at 88. 1. Defendants' Thirteenth Affirmative Defense fails as a matter of law. Indeed, this affirmative defense has no bearing on this case. m. Defendants' Fourteenth Affirmative Defense fails as a matter of law because an express easement actually requires permission of the landowner grantor, Mighty Mite. Robert Wells April 29, 2009 Affidavit ¶¶ 6, 9, 10; Wells February 19, 2008 Aff. p. 6-9. n. Defendants' Fifteenth Affirmative Defense fails as a matter of law because, as stated above, Plaintiff is a successor in interest to Eager, and thus has standing to enforce the 1973 Easement Agreement for the express easement appurtenant. See Calusa Campground Condominium Association Declaration of Condominium. o. Finally, Defendants' Sixteenth Affirmative Defense fails as a matter of law, because the Marketable Record Title Act does not extinguish the 1973 FTL:3038338:9 8 Easement Agreement, which was recorded at Monroe County Official Record Book 1515, Pages 458- 461. Wells February 19 2008 Aff. p. 6-9. Done and Ordered in Chambers, in Monroe County, Florida, on J , 2009. qL s Honorable W. Reagan' . mey County Court Judge Copies to: Elena Vigil Farinas Bob Shillinger Jeffrey C. Schneider Amanda Quirke Andrew Tobin FTL:3038338:1 9 This Instrument Prepared By: Amanda L. Quirke, Esq. Tew Cardenas LLP 1441 Brickell Ave., 15th FL Miami FL 33131-3407 Please Return To: Monroe Co. Attorney's Office 1)EN"EI,OPAIEN'I' .1GRE EiNIENT THIS DEVI't.OPV11',N`l' ;1C3RI-'I,i\4EN'I' Ai,reL.ine,nt is entered into on the 1 � 1 Of l.� ?(}U9 b � � ` � • , � day y and between NIOtiROE COUNTY, a political subdivision of the State of Florida (N14onroc County), and CALUSA CAMPGROUND CONDOMINIUM ASSOCIATION, INC.(the Association). WITN ESSI,TIi: The parties hereby agree:. as Follows: h RECITALS: A. Tile Association operates the land condominium known as Calusa Campground Condominium ("Calusa") located in Key Largo, Monroe County, Florida, at mile marker 101 of US Highway 1 fionting on the bay side (the "Property"), the legal description of which is contained in Exhibit A- Survey of the Calusa Campground Property, attached hereto and made a part hereof (the "Survey") B. The Association has the authority to enter into this Agreement through Florida Statutes Chapter 718 and the Declaration of Condominium fbi- C;a.lusa. C. Calusa is a gated RV park with a full time staff managed by the Association ("Association Staff") responsible for evacuation, D. Calusa consists of three hundred sixty-seven Y (-367)Condominium Units (the "Condominium Units") as shown in the survey attached hereto as Exhibit A, and which are duly recognized by Monroe County according to talc Settlement AgTeenlent which is attached hereto as Exhibit B. E. Calusa includes sites for recreational vehicles, together with accessory uses and structures including 485 linear feet of common area docking area and 72 (locks assigned to specific units, marina building, boat ramp, boat trailer parking, tennis courts, basketball courts recreation building, pool and bath houses, open space, wastewater treatment facility,' maintenance building, common area meeting building, and administrative offices (hereinafter collectively referred to as the "Accessory Facilities"). F. The Monroe County 2010 Comprehensive Plan designates all the parcels of the Property as "Mixed i use Commercial" on its Future land L.rsc Map. G. Monroe County has duly adopted Ordinance No. 001-2008, attached hereto as Exhibit C, which permits seasonal residential units in the Recreational Vehicle Zoning District in accordance kvith an approved development a4`,rreenient. 11. Exhibit D contains an agreed upon comprehensive listing including (1) any alleged code enforcement violations in Calusa pending as of the date of this Agreement; and (2) the after -the -fact permits required to resolve the; code enforcement violations ("After -the -fact Permits"). I. A list of the alleged code violations which are Life, Safety, or Fire related, is attached hereto as Exhibit E (the "Safety violations"). I Section i 63.32?0, Florida Statutes, authorizes 1\4onroe County to enter into agreements with landowners and/or governmental agencies to encourage a stronger commitment to comprehensive and capital facilities planning, ensure the provision of adequate public facilities for development, encourage the efficient use of resources, and reduce the economic cost of development. K.'I`his Agreement, among other things, is intended to and shall constitute a development agreement among the parties pursuant to the Florida Local Government Development Agreement Act, Section 163.3223, et seq., Florida Statutes. L.Both Monroe County and The Association recognize that the public noticing and hearing procedures shall follow the requirements of F.S. 163,3225, which require public hearings beforethe Planning Commission and the Board of County Commissioners for consideration of a Development Agreement. M. Monroe County finds that entering Into this Agreement furthers the purposes, goals, objectives, , and policies( of the Monroe County Year 2010 Comprehensive Plan (the "Comprehensive Plan"), which contains objectives and policies that seek to reduce the frequency of uses inconsistent with thy: Land Development Regulations and the Future Land Use Map (Objective 101.3). l I.PURPOSES The purposes of this Agreement are as follows: A. To agree on a program of remedial actions and condominium improvements to achieve compliance for all three hundred sixty-seven (367) Condominium Units with the requirements of the Monroe County Code and the RV zoning district, as amended by Ordinance 001-2008. B. To allow C.`alusa to retain, pursuant to the terms of this Agreement, the legally existing, non-confonning, conforming, or accessory strictures, established or in existence on the property on the date of the execution of this Agreement, except as otherwise set forth in Section (II)(C). C. To require applications for after -the -fact pennits to resolve the Code Enforcement and Safety Violations set forth in Exhibits D and F. D. To allo« for the continued existence of the Accessory Facilities as conforming accessory uses. III. AGREEMENT REQUIREMENTS The parties recognize the binding effect of Sections 163.3220-163.3243, Florida Statutes, as to the form and content of this Agreement an(l in accordance therewith set forth and agree to the following: A. Legal Description and Ownership. The legal description for the Property subject to this Agreement is set forth in Exhibit A. This Property is subject to condominium ownership, in accordance with the .Declaration of Condominium and all amendments thereto, which have been filed in the Official Records of Monroe County at OR Book 1.589 Pg 476: OR Book 2003 Pg 2473. Calusa Street is a private road and provides access to (.1S-1. If a judicial determination is made that Calusa may not utilize C:alttsa Street for access to US- I. this Agreement will be subject to amendment to ensure Calusa maintains access to US-L Access is required to be by Calusa Street. Harbor Drive is to be used for emergency vehicle access only. B. Duration of Agreement. This Agreement shall remain in effect for ten (10) years from the the effective date as defined herein, and may be extended b mutual consent of the parties and approval at a public hearing, in accordance with Florida Statutes Section 163.3229 (2007). For the duration of this Agreement, the parties agree that any development shall comply with and be controlled by this Agreement, the Monroe; County Code, and the Comprehensive Plan governing the development of the land in eflcct on the date of execution of this Agreement, in accordance with Section 163.3220, Florida Statutes. C. Permitted Uses. 1. In accordance with this Agreementand with the Recreational Vehicle Zoning district, as amended by Ordinance 001-2008, the permitted uses for Calusa include: a. Recreational vehicles, as defined in Monroe County Code Section 9.5-4(R-6); b. Accessory buildings and structures for each site including,but not limited to, screen rooms, sheds, carports, and other strtures as permitted by Monroe County.. C. Accessory Facilities as shown on Exhibit A d. Attached or detached seasonal residential units as a minor conditional use in conjunction with a development agreement. 2. The unit density is 13 units per gross acre for the 367 lawfully established CondorninlL1111 Units. 3 Total acreage of the site is 28.34 acres. D. Public Facilities. There are no impacts on public facilities, since the number of lawfully existing units is not increased by approval and application of this Agreement. 1-lowever, nothing in this Agreement shall be construed to prohibit an increase in the number of units through future development approvals. l . 'f"he Florida Keys Aqueduct Authority provides domestic potable water to the Property. The water is metered by one meter for Calusa, and individual sub -meters which are for internal use only. After completion of the wastewater project, each unit will be individually metered by the Florida Keys Aqueduct Authority. 2. Electric service is provided by Florida Keys Electric Cooperative to the Property, and each unit is individually metered. 3. Solid waste service is provided to the Property by a solid waste collection system franchised by Monroe County. 4. Calusa shall provide wastewater, treatment and sewage collection and disposal to the Property via onsite systems, which will be upgraded to 2010 standards as may be required by law if no community wide system is available by 2010. 5. Calusa shall coordinate with the County to install fire hydrants every 500 feet along the roadways for fire protection for the Campground Property. E. Reservation or Dedication of land. There is no reservation or dedication of land for public purpose contemplated by this agreement. F. Transitional Recreational Vehicle Units. The Site Plan, attached as Exhibit F, depicts the Condominium Units that are designated transitional recreational vehicle units. All Condominium Units which are not designated transitional recreational vehicle units on the Site Plan are permitted to use the site as an RV space, provided the Recreational Vehicle meets all requirements of the Monroe County Code, including road readiness. All condominium sites which are designated for transitional recreational vehicle units will be permitted to use the site as an RV space in accordance with all requirements of the Monroe County Code, until the site is developed as a seasonal residential unit. G. Legal N on-Conformi ties. 1. All structures permitted pursuant to the Recreational Vehicle Zoning district, as amended by Ordinance 001-2008. or otherwise pennitted by Monroe County shall be deemed legal as of the (late of this Agreement. I xcc;pt for the After -the -fact Permits set forth in Exhibit D and the corrective actions required by Fxhibit F, no further permits shall be required for the structures as thvtie structures exist on the effective date of this Agreement. 2. All other existing Structures on the Propci-ty as of the date of this Agreement. are deemed legally non -conforming. 3. All permits required to address the existing code enforcement violations are stet firth In Exhibits D and E. and no additional permits shall be necessary to address the existing code enforcement violations as of the date of this Agreement. All structures which are the subject of the After - the -fact Permits set forth in Exhibits D and E shall be deemed legal bthe issuance of the permits as set forth in this Agreement after passing inspection. 4. Monroe County shall voluntarily dismiss all code enforcement violations for Calusa pending in Monroe County as of the date of this Agreement after the owners are in connpliance. Subsequent code enforcement action for the same violations addressed in Exhibit D and through the terms of this Agreement shall be barred unless the owner has a subse i violation. qt ent H. Development Standards. The following development standards shall only apply to Condominium Units which are converted to permanent structures in accordance with this Agreement: 1. The Development flan shall insure that the configuration of manufactured homes meets the separation requirement of NFPA 501 A - Standard for Fire Safety Criteria for :Manufactured Home Installations, Sites and Communities. 2. Building height for all permanent structures shall be limited to 35 ft. from established grade. 3. Shoreline Setback for all permanent structures shall be 10 ft from the Mean I-tigh Water line for all altered and unaltered shorelines on the Property. 4. 'file setbacks tier all pennanent structures, measured from the lot line to the drip edge. shall be as follows: a. Interior Side Setback - 5 feet. b. Exterior side setback shall be the lesser of (i) 5 feet or (i i) the Milllnlum distance to comply with all sight triangle requirements of the Monroe County Zoning Code. C. Front Setback shall be the lesser of (i) 5 feet or (ii) the minimum distance to comply with all sight triangle requirements of the Monroe County Zoning Code. d. Rear Setback - 5 feet C. All setbacks far the perimeter of the Campin•ound Property shall not be less than 5 feet. 5. impervious lot coverage shall be limited to 80% of the Condominium Unit lot area. b. All habitable permanent structures constructed after the effective date of this Agreement shall be clevated to the base flood elevation. 5 I. Permitting Plan, 1. All after -the -tact applications to address the Safety violations set forth in Exhibit I shall be submitted within 90 clays of the approval of the minor conditional use for seasonal residential units. ?. All ether applications for permits required in Exhibit D shall be submitted within 180 days of the approval of the minor conditional use for seasonal residential units. An application for a building pen -nit for a new seasonal residential unit filed within 180 days of the approval of the minor conditional use for seasonal residential units, which includes the corrective action required for the after -the -fact permits listed in Exhibit D, shall satisfy this section. if demolition or removal of non -conforming structures is required for a building permit for a seasonal residential unit mentioned above, the demolition permit shall be applied for at the same time, and shall be completed within 180 clays of issuance. 3. All Permits required for roads, fire suppression, storm water, landscaping, utility relocations, and other community facilities or improvements shall. be applied for by The Association or its individual unit owners, pursuant to this Agreement. 4. In regard to the submittal of permit applications to bring lots into compliance;, both parties recognize that the time requirements under the Florida Building Code for the processing of permit applications by Monroe County's Building Department may be extended in accordance with the Florida Building Code, in order to allow Monroe County staff sufficient time to properly review and approve all applications required by this Agreement; and, to provide greater flexibility to The Association and its individual unit owners in meeting the compliance schedule. 5. Park :Models a. Owners of Park ;Models designated as transitional recreational vehicle units on the attached site plan Exhibit F shall be required within the term of this Agreement to either (i) install the park model as a permanent structure in accordance with local, state, and federal law, and meet all requirements of' the Monroe County Code and Building Code, and Section F1 of this Development Agreement; or (11) construct a permanent structure in accordance with the terms of this Agreement. b. During the term of this Agreement, all park models designated as transitional recreational vehicle units shall either (i) be tied down in accordance with Monroe County Code and Building Code provisions for Such structures within 90 clays of. the approval of the minor conditional use for 6 seasonal residential units. until such time as they become permanent structures; or meet all road ready requirements of the Monroe County Code until such time as the unit becomes a permanent structure. C. A Park Model will not be considered a permanent structure until the Park Model is installed in accordance with local, state, and federal law, and meets all requirements of the Monroe County Code and Building Code, and. Section H of this Development Agreement, d. A Pork Model not designated as a transitional recreational vehicle unit shall comply with the road ready requirements of the Monroe County Cade at all times. 6. 180 [Jay Rule. a. All Condominium Units will be maintained as transient units. b. All occupants of' the CampgroLind Property will be required to evacuate in accordance with a Visitor Evacuation Order issued by Monroe County. c. No person shall occupy the Campground Property for more than 180 consecutive days. d. The following will. be required to be removed from the Campground Property for at least one (1) day every 180 days, such that the following shall not occupy the Campground Property for more than 180 consecutive days and must evacuate when a Visitor .Evacuation order is issued by Monroe County: (i) RVs (ii) Pork Models which are not tied down in accordance with local and state law, and in accordance with the terms of this Agreement. e. The tolloxving structures will not be required to be removed from the Campground Property every 180 days, nor shall the structures be required to be removed in the event of a Visitor Evacuation Order: (i) Permanent structures constructed in accordance with local, state:, and federal law, and pursuant to the terms of this :agreement. 00 Park .Models designated as transitional recreational vehicle units «%Ajicl7 are tied down in accordance with local, state, and federal law, the Monroe Count}- Code and Building Code, during the term of this Agreement or until there is a permanent structure on the site. 7. All C'ondornlntuln Units designated transitional recreational vehicle units shall obtain a building permit to construct the permanent structure within ten (10) years of the Effective Date ofthis Agreement. Prior to conversion to a permanent structure, the unit shall be used as an RV space in accordance kvith all requirements of the ~Monroe County Code, or as othetivise provided in this Agreement. 8. if the seasonal transient units are not constructed within ten years, the condominium units shall remain as RV sites. 9. Calusa Campground will fund the preparation and allow the installation of signage along the canal frontage for the canal which is shared by other property owners stating that the allowed dockage is not to exceed 25% (twenty-five per cent) of the canal width and that dockage surrounding the existing boat ramp is for loading and unloading only. 10. Calusa shall not allow dockage along the narrowest portion of the canal shared by other property owners and the dock area shall be posted as such until the mangroves tire trimmed, at which time the dock area may be used in compliance with the Monroe County Code. Calusa shall trim the mangroves every six months. if the mangroves are not trimmed, there shall be no dockage. 11. Calusa shall Lund a constant patrol by a uniformed Sheriff's deputy on the premises on all. Federal holiday weekends. J. Vesting and Compliance Policies. The following are the policies and standards for the vesting of certain improvements and compliance actions that govern the specific compliance actions required and which shall be followed in implementing the terms and conditions of this agreement: 1. The Monroe County Land Development Regulations in effect on the effective date of this Agreement shall ripply to Calusa, except as otherwise provided for in this Agreement. 2. Lot owners delinquent oil payment of the Monroe County license tax pursuant to Section a20.08 Florida Statutes, shall be required to pay in full any outstanding balance and delinquent fees to the Monroe County Office of Tax Collector prior to issuance of any permit under this Agreement and shall provide proof of payment to the County with the permit application. K. Evacuation. Calusa shall be construed as a conlmtlntty of transient Units for purpose~ of' e\ acttation orders, and shall be required to evacuate in accordance with the directives issued f«r transient units. The :association Staff of Calusa shall insure strict compliance xvith all evacuation orders issued by Monroe 0 County. The Evacuation Plan, attached as Exhibit G, shall be added to the Rules and Regulations of Calusa within 30 days of the effective date of this Ag cement. "1�111s pi shall survive the expiration or termination of this Agreement. L. Impact and After the Fact Building Permit Fees. Application for permits in accordance with this Agreement shall not be construed to require additional impact fees. However, all permit Pecs shall be due for after -the -fact permits as set forth. in Exhibits D and E. M. Finding of Consistency. By entering into this Agreement, Monroe County finds that the development perinitted or proposed herein is consistent with and furthers Monroe County's Comprehensive Plan and Land Development Regulations. N. Breach, Amendment, Enforcement, and Termination. This Agreement shall be adopted by the Association as an amendment to the Declaration of Condominium for Calusa before the public hearing before the Monroe Count Hoard of County Commissioners. Exclusive of any others except those imposed by law, the hollowing 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. Material Breach. A material breach by the Association occurs if more than 5000 of the Condominium (.Units are not in compliance with the terms of this Agreement, and the Association has not initiated enforcement action in accordance with Chapter 718 of the Florida Statutes and the Declaration of Condominium for Calusa. against 100% of the Condominium Units not in compliance with this Agreement within 270 days of the effective date of this Agreement. A material breach by Monroe County occurs upon Monroe County's failure to comply with the terms of this Agreement after notice as provided in Subsection 2. 2. Notice. Upon either party's material breach of the teens and conditions of this Agreement, the other party shall serve written notice on and shall provide the Opportunity, within ninety (90) days, to propose a method of fulfilling the Agreement's terms and conditions or curing the breach. Both parties shall be provided an additional 90 days to cure the material breach or to negotiate an amendment to this Agreement within a reasonable time, as mutually agreed to by the Parties. 3• Code Fliforcement. If an individual unit fails to obtain the Afler-the-fact ['en -nits as set forth in Exhibits D and E, the County shall have the right to pui;5ue coda enforcement action against the individual unit for the violations set forth in Exhibits D and E. Such failure by all individual unit to obtain .After -the -fact Permits as set forth in Exhibits D and E shall not constitute a breach of this Agreement, but shall only entitle the County to 9 pursue code enforcement action against the individual unit for the violations set north in Exhibits D and E. 4. Amendment or 'Termination. The parties hereto shall at all times adhere to the terms and conditions of this Agreement. Amendment, tennination, extension, or revocation of this Agreement shall be made in accordance with the notification and procedural requirements set forth herein. (a) Amendments to this Agreement shall subject Calusa to the laws and policies in effect at the time of the amendment only if the conditions of` Section 163.3233(2), Florida Statutes, are met. (b) 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 Monroe County and The Association. (c) Amendment or termination shall require at least two (2) public hearings. The hearings shall be held pursuant to an application tiled with Monroe County by the party seeking to amend or terminate this Agreement, along with the requisite filing fee. Notice of public hearing shall be in accordance with Monroe County ordinances and Florida Statutes. (i) If a unit owner applies to change their individual unit designation, the unit owner shall submit a new site plan reflecting the change in designation, together with a filing fee of $ 1,768.00, or such other fee in effect f'or a minor deviation at the time of the application for minor deviation. (ii) If ten (10) or more unit owners apply to change their individual unit designations. an amendment to the minor conditional use will be required. A revised site plan reflecting the change in designations, together with a fee of $8484.00, or such other fee in effect at the time of application for an amendment to the minor conditional use. 5. Enforcement. (a) After notice and an opportunity to respond and/or cure the material breach as provided herein, the parties may enforce the terms of this Agreement in a court of competent jurisdiction, or any other remedy at la\v or in equity. In addition, Monroe County may utilize appropriate code enforcement remedies to cure any breach after notice and an opportunity to cure as provided herein. This does not waive the right of Monroe County to pursue individual code violation cases (b) %lonroe County, J'he Association, their successors or assigns, or any aggrieved or any adversely affected person as defined in Section 163.3215(2), I'lorida Statutes, may file an action for iniuncttve relief in the C'11'Cltlt Court of Vlonroc County to enforce 10 the terns of this Agreement or to challenge compliance with the provisions of Suctions 1 b3.3243, Florida Statutes. (c) Nothing contained herein shall limit any other powers, rights, or remedies that either party has, or may have in the future, to enforce the telmis of this Agreement. O. State and Federal i.aw. 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 Association and/or its individual unit owners has acquired vested rights under prior law. P. Compliance with Other Laws. The failure of this Agreement to address a particular permit, condition, term, or restriction shall not relieve The Association and/or its unit owners of the necessity of complying with the laws ,governin said permitting requirements, conditions, tenns or restrictions. g Q. Reservation of Rights. This Agreement shall not affect any rights which may have accrued to any party to this Agreement under applicable law. Each of the County and The Association reserves any and alI such rights. All approvals referenced in this Agreement are subordinate to compliance with all applicable laws, codes, and land development regulations and permits, except to the extent otherwise provided fior in this Agreement. R. No Permit. This Agreement is not and shall not be construed as a Development Permit, Development Approval or authorization to commence development nor shall it relieve The Association of the obligations to obtain necessary Development Approvals that are required under applicable law and under and pursuant to the terms of this Agreement and Monroe County Code. S. Good Faith; Further Assurances; No Cost. The parties to this Agreement have negotiated in good faith. It is the intent and agreement of the parties that they shall cooperate with each other in good faith to effectuate the purposes and intent of, and to satisty their obligations under, this Agreement in order to secure to themselves the mutual benefits created under this Agreement. The parties agree to execute such tilrther documents as may be reasonably necessary to effectuate the provisions of this Agreement; provided that the foregoing shall in no way be deemed to inhibit, restrict or require the exercise of the COunty's police power or actions of the County when acting in a quasi-judicial capacity. Wherever in this Agreement a provision requires cooperation, good faith or similar effort to be undertaken at no cost to a party, the party co-operating, reviewing or undertaking the effort shall, nonetheless, bear its cost of attendance at meetings, hearings or proceedings and comment andr'or execution of documents, inclusive of the expense of its Counsel. T. Successors and Assigns. This Agreement shall constitute a covenant running with the land, which shall be binding; upon the parties hereto, their successors in interest, heirs, assigns, and personal representatives. U. Joint Preparation. This Agreement has been drafted with the participation of the County and Applicant and their counsel, and shall not be construed against any party on account of draftsmanship. The captions of each article, section and subsection contained in this Agreement are for ease of reference only and shall not affect the interpretational meaning of this Agreement. Whenever the term "included" is used in this Agreement, it shall mean that tile included items, or terms are included without limitation as to any other items or terms which may fall within the listed category. V. 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 -with proof of receipt. Notice shall be deemed effective upon receipt. For Purposes of notice, demand, request, or replies: 'File address of :'Monroe County shall be: County Administrator 1 100 Simonton Street Room 2-205 Key West, Florida 33040 with a copy to Assistant County Attorney PO BOX 1026 Key West, FL 33041 or I I I 1 12 th Street Suite 408 Key West, Florida 33040 The address of Calusa Campground Condominium Association, Inc. shall be: Manuel Lopez. President Calusa Campground Condominium Association, Inc. 325 Calusa Street Key Largo, Florida 33037 Nvith a copy to 12 Santiago D. Echemendia, Esq. "T CNti r Cardenas, I.LP 1441 Brickell Avenue Four Seasons 1'ower, 15111 Floor Miami, Florida 33131-3407 It is the responsibility of the parties to llotify rill parties of change in name or address for proper notice. W. Force Majeure. Any prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts of God, inability to obtain labor or materials or reasonable substitutes therefore, riot, civil commotion, fire or other casualty and other causes beyond the reasonable control of the party obligated to perform, excluding the financial inability of such party to perform and excluding delays resulting from appeals or rehearing, shall excuse the performance by such party for a eriod equal to any such period of prevention, delaysto p or ,page. In order to avail itself Of this force m,'iieure provision, the party invoking tile: same shall provide the other party with a written notice that shall consist of a recitation of all events that Constitute force majeure events under this Section, together with the beginning and ending dates of such events. X. Construction. 1 "Phis Agreement shall be construed in accordance and with the laws of the State of Florida. All of the parties to this Agreement have participated fillly in the negotiation and preparation hereof; and, accordingly, this Agreement shall not be more strictly construed against any one of the parties hei-c-to. ?. In construing this Agreement., the use of any gender shall include ever other and all genders. and captions and section and paragraph headings shall be disregarded. 3. All of the exhibits attached to this Agreement are incorporated in, and made a part of, this Agreement. Y• ()missions. The parties hereto recognize and agree that the failure of this Agreement to address a particular permit, condition, terms, or restriction shall no relieve either party of the necessity of complying with the law governing said permitting requirements, conditions. tetill, or restriction notwithstanding any such omission. Z. Jurisdiction and Governing Law. The parties hereto agree or actions at 1a%v shall be brought in Monroe Count ,Flolrida. and noat any and other ll suits jurisdiction. I his 'Agreement shall be construed and interpreted under the laws of the State of Florida. This Agreement is not subject to arbitration. AA. Litigation. In the event of any litigation bet,.N een the parties under this Agreement for it breach hereof, the prevailing party shall be entitled to attorney's fees and costs through the conclusion of any appellate proceedings. BB. Time of Essence. Time shall be of the essence for each and every provision hereof CC. Entire Agreement. This Agreement, together with the documents referenced herein, constitute the entire agreement and understanding among the parties with respect to the subject matter hereof, and there are no other agreements, representations or warranties other than as set forth herein. This Agreement may not be changed, altered or modified except by an instrument in writing signed by the party against whom enforcement of such change would be sought and subject to the requirements for the amendment of development agreements in the Act. DD. Counterparts. This Agreement may be executed in one or more counterparts, and by the different parties hereto in separate counterparts, each of which when executed shall be deemed to be an original but all of which taken together shall constitute one and the salve agreement. EE. Recording. Monroe County shall record this Agreement with the Clerk of the Circuit Court of Monroe County within fourteen (14) clays following, signature by all parties. "T'he Association agrees that it shall be responsible for all recording fees and other related fees and costs related to the recording and delivery of this Agreement as described in this section. 'The provisions hereof shall remain in full force and effect during the term hereof rind shall be binding upon all successors in interest to the parties to this Agreement. Whenever an extension of any deadline is pennitted or provided for under the teens of this Agreement, at the request of either party, the other parties shall join in a short -form recordable memorandum confirming such extension that shall be recorded in the Public Records of Monroe County. FF. 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. GG. Severability. It' 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. HH. Effective Date. The effective date of this Agreement is 34 days after the duly sighed and recorded Agreement is received by the Florida Department of Corllillunity Affairs pursuant to Chapter 380, Fla. Statutes. SIGNATURE PACE TO FOLLONN' 14 IN WITNESS WHEREOF, the parties hereto have set their hands and seals on theday and year below written. CALUSA CAMPGROUND CONDOMINIUM ASSOCIATION, INC. By: ,Manuel Lopez Title:_ President Dated: .5c7,� __�) C) 9 The e I rn as -no me on of he foregoing in t ent a k Medged before 2009, by sonally "Own to me I-10,1she is sonally or produced kr . 130 as i en i ication and did not take an .... ...... s ``��.�Qp� \��s....a• yo�y%�.� Notar), )ublic C'3 Printed name !Z� 13 41;1,, e * N 01 No" 1111#111,11%0 ATTEST: DANNY KOL[IAGE, CLERK DEPUTY CLERK C��,C! ; " MY commission expires gl�_11 o MONROE COUNTY BOARD OF COUNTY COMMISSIONERS I A N'O R G F 0 R G F K E U! G E? NVF "Of\JRD' COUNTY AT .A P PR 0 '�Z�P) A S FORM R MI 15 ^ M. E AN M. MSLEY N M. A \IT COUou ATTnqPi Exhibit A- As Built survey and Legal Description 16 1 'L s " , --- �I ; - f - - ---'--�---- `ram'—�'��•. � �. i ' T� � z -J. c . LEGAL DESCRIPTION PARCEL A Lots 2, 3, c►nd 4, •in Section 28, Township 61 South, Range 39 East, hj MODEL LAND COMPANY'S PLAT, according to the Flat thereof, as * � recorded in Plat Book 1, at Page fib, of the Public Records of Monroe � County, Florida, �N AND W PARCEL B Lots 15 through 21, inclusive, Block 3, SUNSET WATERWAYS, Pao � according to the Plat thereof, a recorded in Plat Book 4, at Page 31, of the Public Records of Monroe County, Florida. AND � PARCEL C On the Island of Ivey Largo and boiag all that part of Lot 1, of section 28 Township 61 South, Range 39 Ease lying North of a 20 foot road and lying North of the formor tight of way of the Florida East Coast Railway according to a survey made by P.D. 3errjns, CZ and according to the Plat thereof, as recorded in Plat Book 1 at Page 68 of the Public Records of Monroe County, Florida. EXHYBrr "A" - LEGAL DESCRIP110N Exhibit B- Settlement Agreement li $TTY:EN1El�T„C C d ► EgdENJ This Sottlernent Agreement ("Agrc;er o f") is Ontored into tbfb day of March, 2607, by and between Monroe County, Florida, .a political subdivision of the State of Florida, hereinafter ("County"), And the Eager Family Limited Partnership, LP, a Florida Limited Partnership, hereinafter ("Eager"), WiTNESSETH: A. WHEREAS, on or about February 6, 2006, Eager appealed tho. decision of the County's flaming Director and the County's Planning Staff determining that the Calusa Campground Condominium Association Property ("Calusa Property") needed to be platted; pad B, WHEREAS, the current Lftnd Use Designation for the Calusa Property is 461ZV"; and C. WHEREAS, on or about Fobr4ary 6, 2006, Sugar appealed the decision of the County"s Planning Department which alleged that certain Reo►eational VON010 Site Condominium Units ("Units") within the Calusa Property are subject to the regulation,> in the Monroe County Code ("Codo'� which require that specific buffer areas be provided; and 0. WHEREAS, an or About February 6, 2006, EaSor appealed the alleged violations eMolationtel of the Monroe County Cod© lsow-A by the County to several owners of Units within the Calusa Property; and E, WHEREAS, tho above appeals filed by Eager are currently ponding before: the County's Planning Commission; and F. WHEREAS, County and Eager imutuAlly dOSire to effect a resolution for any and all land use, and code enforcement matters regarding the Calusa Property, including, but not limited to) the uppoal of the County's platting dotermintttioti, the appeal of the Cotuity's buffer area violation allegations and tho appeal of the pzuported violations issued by the County conoorning existing building and Code Violations at the Calusa Property; avid Q. WHEREAS, there is a dispute About the platting requirement for this RV Park, its sites and the buffer y0d1space requirements; NOW, T'HEREFOItE, in consideration of the mutual covenants, promises and representations contained heroin and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, County and Fager hereby agree m follows: 1. RECI L , The tbrogoing recitals are true and correct and Are incorporated herein by r}rence as if set out in full in the body of this instrument, 2. Tho recorded Situ Plan of tho Calusa Property dated MHy 4, 2001 and recorded in Official Records Book 2031, Wages 1921-28 of the County's Public Records is hereby approved and ac:knowledgod as the Culuea Property Situ Plan ("Plan") for all purposos going forward;, The Councy hereby acknowledges and covenants that it will not roquest or t erwiaa require that Eager, the owners of Units within the Calusa Property, or the, t G �Ua►1u a ah Association reprosonting the owners, plat or r©plat the Calusa Property as ftho property, or any portion thereof, is tised ucuording to its current land use designatlo►1, 3I' p and/area xe uiroments in the i�ionroc County iurthor acknowledged tr cdt for uha ones fc1ilrf the current use, a . County Code are satisfied an P r!3 2. R'ECUa 1_i mTS, Tlie County hereby acknowledges and agrees the c Condominium Units, ail of which Calusa property contains Chree Hundred Sixiy.>evan (��7) permitted under the Code in are shown an the Plan and all of which may by used for any purpose A effcot as ofihe date of this Agreement, which Code may be modified from flint to time, y 3. A 1w ERS. a, it is understood find agreed that 13oger does fiat iigreo or admit ill any way that buffer yards or areas are required for the subjcot Unite or other areas ill or ►►bouieth tcondominium, red n a b uEuA,ts U-nits and er solely as a cornrnon areas. This agreement en y settlerrient for cunvonisnev to rosoive all of the issues rel4vting to the condominium between Mager and Monroe County. b. Eagor agrees to olonate Nine and Thirty -Two Hundredths (9.32.±) Aarea of unirnprgved property. (loou£fer property") for conservation purposes, dosorib?W Moro particularly on Exhibit 46ATI attacbvd hereto and incorporated heroin by reference, Which is located Bast of tho Calusa Property and which has a land use designation of Suburban Residgntiol (SR) on tho County's land use mpp, in oxchange for Eagvxla donation of tho 13uft'cr PrapOrty to thG County in fee simple title, the County agrees to imrnudiataly dismiss, abandon and forever terminate any and all enforcement offorts and proceedings rogardirig the required buffer arced for Units 114-120 and Unite 481-490 at the Calusa Property as shown on the Plan, and further agrees in recognition of the, fact that the Buffer Aroporty will be hold in peMotuity, without devolopment that Units 114.126 and Units 481.490 steal l not be required to hAY0 a buffer yard. Tito County further acknowledges and agrees that Eager's deeding of the Buffer Property to the County is hereby considered compkete mitigation, total satisfaction acid final resolution of the lending buffer yard enfaresinent ►natters and all issues relating to the Plan and the development of the Calusa Property as a co►idorniniu►n so long as the Calusa Property, or any portion thereof, is used according to tts current land vise �"� designat{an. c, The County further covenants that the Buffer Property will never be cleared or improved bocausa, as consideration for entering into, this Agreement, all Trunsforable povoloprnent Rights (" rDfta") pw 2 Arc P:1Wntid\0mwlh tv1orwSoman6Eu9cr GiltwalRuvislanaf a{;rn'Aptt�:ml%I1t03.1a•p7smwl'1NA1,.dua currently oxisti13 on the Buffer Property will be provided to ENO, The County agrvos to maintain the Buffer Properly in its natural state or as a public park, in purpetuity, and also agrees to name ,tho Property after GEORGE W. EAGER, SR. should 4 raprascmtitivo of the Eager Family so request, The Warranty Deed from Eager shall contain an express Deed Restriction providing that the [duffer Property oannot be cleared and that no residential or eommorciai buildings can be constructed upon it, The Deed Restriction shall be enforcooble at law or in equity by Eager, Eager's assigns, designees or successors -in -interest. County must be satisfied that marketable title is provided to County by Eager, The transfer shall occur within 45 clays after the date above, 4. IRA SFERAP-L D9VE.LW NT RIC ff—ES,, Tho County recognizes Pour and Sixty -Six Hundredtlis (4,66) TM on ilia Butior Property. Upon final approval of this Agreement, as providod herein, County wily issuo fill appropriate dooumentfltion and take all action necessary to immediatoty provide Eager with access to tho TDRs. Pager in its solo And absolute discretion inay rotain, transfer, sell, fir dispose of the TDRs as Eager ehoosoq, and the County hereby covenants and agrees not to object to or fail to consent (if consent is r-Nuirad under the Code) to Eager's use of the TDRs, Use of the TDRs shall be governed by the applicrAble law effective on the date of the use, that being the date of final development approval by County. 5. !jLJILQ,%G P 1T , Tile County agrees to issue Building Permits Perniits")far utilities and in order to-romedy life -safety and health issues prior to scitlemont of all Code Enforcement actions at Calusa Campground. if there are no violations on 'Units 1-20, Units 114-126, and Units 481-490, any otherwise legal permitting shall be allowed, on a unit by unit basis. 6, V101,6TIMS. Upon execution of this Agreement, the County agrM, to dismim, cancel, void turd close out all oxisting (if any) Violations issued against tho owners of record for Units 1-20, Units 114-126 and Units 481-490 with respect to platting, lot size, and/or buffer yards, Further, tho County agrees that, upon execution of this Agreement, the above Violations will be doomed paid, remedied and completely satisfied now and forever so long as the Calusa Property, or any portion thereof, is used according to its current land use designation. Notwithstanding any contrary provisions contuinod herein, this Agreement will not prooludd tho County Horn exercising its enforcement powevs to prosecute other Current or future code violations of owners oi' /.)nits in the Calusa Property unrelated to this Agreement. 7, 19ANSFERABLE ROQO �.X„g T]UNS, a, rho County recognizes the existence of Twonty-Right (28) Transferable ROGD Exemptions (TRVN) belonging to Eager, fox which the County will issuo all appropriate documentation and take all appropriate action to provide to Trager upon i:inrtl approval, of this Agreement as provided heroin. 'rho TREs may bo used by Pop 3 urb P:1WordlChowth ManngergcM\�a{tcr�glunnlRevlslon��1'}3agcrAg�vctinpn{03-14•tl7ymgPRVA1-.doe Eager, its transferees, heirs and assigns as determined by the regulations in of uct at tiie tirno of transfer except as otherwise provided for herein, b. The 28 TREs at'n transient and currently may be used for transfer of ROGC) excmiption/ allocation to Affordableoteand/ar motcjl uses, and also can be transferred e. The TREs may b13 uaad notwithstanding and during any moratorium or ether restriction an the transfer ntf Sect opt )�S, vehicle sites gush as that imposed by Mai v Y 120.5 and 9,5-1?,0,b, d, I,he TREs meet the criteria for rcdevolopMent off site, to any planning raroa in Monroe County. The receiver sits must me6t the criteria in the Monroe Goainty Code RUdO developmentlroclvveltipmt,nt except a of ho �requiring eier � ��. score equal to of greater than the scot c. TREs may not be used on 'Pier 1 property if the Tier system is implemented as dosignutod by Mocwov County tit the time of the transfer. C. in the event the TRRs are governed by lass rdstriotive previsions for uaas in the faturo, the more libaral shall apply. In no event shE411 the uacs be diminished by future changes in applicable ordinances or land use regulations. 8, GLQBAL SE'i 1'i,1l7.MENT, This AgreQmunt is entered into relative to and in consideration of the above -referenced appoulo brought by Uager and is intended to rusolva all issues addressed in those appeals with prejudico, and is further intended to resolve cud Kettle only the platting, and buffer yard matters addressed herein between the parties, and the referonecd Unit owners, as to the Calusa Property. It is the intent of the County and gager that all Violations with respect to platting, lot size, 'md/ar buffer yards, be cancelled, satisCud, and closed out us to eager, the development of the condominium and the above-referonced Unite as of the date of this Agrooment, g, �rn[tUV1� 13Y AUA' U OF,GUUN'I'Y COMMISSY(J�B[�S. Notwithstanding any contrary provision above, the County`s acceptance of this Agreement is subject to the, approval of the Monroe County Board of County Commissioners (" 130CC"). Should, for any reason, the 13OCC fail to approve the terms of this Agreement, it shall be of no force Or efteut. If the Agroemont is approvod by the DQC;C, it shall be fully binding on the parties as of the above dato. 10, AT CAI Y__'S F p= Each Ptirty will be responsible for its own attorney'9 foe8 incurred aa,lpa�rt of this Agreement, TE P ETAT1 . The singular shall include the plural, the plural the sjugular and use of any gender shall include all g:ndora. Th4 headings contained herein are for wnvenianoe and roferenco only, and in no way define or limit the scope and contunt of thin Agreement or in tiny way at eot its provisions. Pagc 4 of 6 PAWordWrowtq Mpna6cmait�EiagerCptussstlR�:visl4nc�f fiagecAgronmantUa•14•q�s�ttaPINAL,doa 12, S 5Vhti�B[LffJ, If any provision of this Agreement is judged to be unenf'ometihie, such Provision shall be ineffeotivo to the extent of such uncnforceability without Invalidating the remaining provisions hereof, if tiny provision of this Agreement is callabjc of two (2) constructions, one (1) of which would render the provision void and the Other 0f which would reader the provision valid, it is the ititent of the parties that suoh provision have the meaning which renders it valid. 13. J&FQ4.RDATIQX A fully executed copy of this Agreement signed by all parties {hereto, shall be recorded in the Public Recotols of Monroe County, Florida at Eager's expense wbicb shalt be recorded so as to be found in tho chain of title, 14, AM�NNDMENT TERMWATZpN, This Agreement may not be atnen4cd. modified or terminated except by written instnimont signed by the parties horoto and recorded in the Public Records of Monroe County, Florida, IN WITNESS WHEREOF, the parties. appear and have set their hands and seals on the date fi rat Above written, WITNESSES; LIAOBR FAMILY LIMITTp PARTNERSHIP, LP, (I)_ a Florida Limited Partnership Print Name By:- GEORGE W. EAGER, JR., as President of� Eager Investments, Inc., a Florida corporation Gionaral Partner of Bagcr Fomily Limited Partnership, L.P. Print Name STATE OF FLORIDA ) )SS: COUNTY OF MONROE ) The forogoitng instrument was acimowledl ed before ma this day of _,2007, by Ocarge W, Eager in his capacity as President of Eager Investments, the Cenral Partner of the Eager Family Limited Partnership, LP, a Florida Limited Partnership, who is authorized to bind the Partnership, tic is personaliy known to me or ( ) -produced as identi ficn4on. (NarARY 11L) _ ' Notary Public, Slate of Florida Print Name: Commission No,: My commission 'Expires: POO* s utb r,%Won1%GrowrhMumpmoomW-AaaGuluar,�Rrvislonc►f' pyurAl;rounr�nt07.1�•A7umyFINAL,doo Approved bY: d—US, CRO'WELL., ESQ, rahi , 1,P, Attorney % Family r Eftger L'm'tc d pactneA a Florida Limited Partnership ATTEST: MoNROR COUNTY, FLORIDA DANNY L. KOL HAGS, CLERK Deputy Clerk Mayor Maria DiGennaro MONhOX COUNTY ATTORNEY APPROVID A8 TO F0E„M: SWBAN M. 001MOLEY A4619TANT 4OUNTY ATTORNEY patV.... Pup 6 uf6 p;\Wurd\acowtb M anngemcwPoger Cm lusu\KC\115iUri of I-WaevAgi %=91 3l 14.079mgP1NA 1Aou Hxhibit A to Settlement Agreement bttween Monroe County and the Egger FlImiiy Limited Partnership x,eggAl ]POIC01ption On the Isload or Key Large and being all Wit part of IAt 1, Section 28, Township 61 Soutb, Lange 39 East, lying North of a 20 root road and lying Nord' of the former right of way of the Florida Evat Coast Rahway according to A, survey made by PD Jenkins, C.E. avid according to the Flat thereof, as recorded in Flat Beak 1, at Page 68, of the public Records of Monroe County, Florida, WA. MH IV92 7 i 12/13/06 Exhibit C- Seasonal Residential Unit Ordinance NUMBER 001-2008 its DCA► Final Order No.: DCA08-OR-109 STATE OF FLORIDA DEPARTMENT' OF COMMUNITY AFFAIRS~-: -• _ . In re; MONROE COUNTY LAND� DEVELOPMENT FI) REGULATIONS ADOPTED BY MONROE COUNTYAPB ORDINANCE 1 6008 N0, 001-20U8 r���nyY�1 NOPIAGE:.IE;N1 VIV1310N FINAL ORDER ' - .2 The Department of Community Affairs (the "Department") hereby issues its Final Order, Pursuant to §§ 380,05(6), Fla. Stat., and § 380,0552(9), Fla. Stat. (2007), approvhi a land development regulation adopted by a local government within 8 hrn the Florida keys Area of Critical State Concern as set forth below, F�INC3� OF,FAC_T 1. The Florida Keys Area is a statutorily designated area a of critical state concern, and Monroe County is a local government within the Florida Keys Area, 2. On February 13, 2008 the Department received for review Monroe County Ordinance No. 001-2008 ("Ord. 001-2008"), adopted by Monroe Count January Y on 16, 2008, 3. The purpose of the Ordinance is to adopt amendments to the text of the Monroe County Code to allow for the conversion of existing recreational vehicle (RV) spaces into permanent structures for seasonal use by the owner subject to the conditions identified in a Development Agreement entered into with Monroe County, and subject to compliance with the Monroe County Comprehensive flan and .Land Development Regulations. CONCLUSfQNS OF I 4. The Department is required to approve or reject land development regulations gulations that are enacted, amended, or rescinded by any local government in the Florida Keys Are State Concern, § 380.05(6),17a, Slat., and OSS y a of Critical § 380.2(9), Fla. Slat, (2007). DCA Final Order No.: DCAOS-OR-109 5. Monroe County is a local government within the Florida Keys Area of Critical State Concern. § 380.0552, Fla, Stat, (2007) mid Rule 28-29.002 (superseding Chapter 27F-8), IYa. 4dinin, Code. 6. "Land development regulations" include local zoning, subdivision, building, and other regulations controlling the development of land. § 380,031(8), Fla. Slat. (2007), The regulations adopted by Ord.. 001-2008 are land development regulations, 7. All land development regulations enacted, amended, or rescinded within an area of critical state concern must be consistent with the Principles for Guiding Development (the "Principles') as set forth in § 380.0552(7), Fla, Stat. See Rathkamp v, Department of Community Affairs, 21 F.A.L,R. 1902 (Dec. 4, 1998), af, j"d, 740 So. 2d 1209 (Fla. 3d DCA 1999). The Principles are construed as a whole and no specific provision is construed or applied in isolation from the other provisions, 8. Ord. 001-2008 allows for the conversion of a RV space to a seasonal residential twit by the owner pursuant to a Development Agreement and compliance with the Monroe County Comprehensive Plan and Land Development Regulations, and is consistent with the following Principles: (a) To strengthen local government capabilities for managing land use and development so that local government is able to achieve these objectives without the continuation of the area of critical state concern designation. (b) To protect shoreline and marine resources, including mangroves, coral reef formations, seagrass beds, wetlands, fish and wildlife, and their habitat, (d) To ensure the maximum well-being of the Florida Keys and its citizens through sound economic development. (c:) To limit the adverse impacts of development on the quality of water throughout the Florida Keys, (1) To protect the public health, safety, and welfare of the citizens of the Florida Keys and maintain the Florida Keys as a unique DCA Final Order No,; DCA08-OR-109 Florida resource, 9. Ord. 001-2008 is consistent with the Principles .for p 'Guiding Developme11t of the Florida Keys Area of Critical State Con cern as a whole. WHEREFORE, IT IS ORDERED that Ordinance No. OO l - 20Q$ is found to be consistent with the Principles for Guiding Development "the Florida Keys Area of Critical State Concern, and is hereby AP ROVED. This Order becomes effective 21 days after publication in t Weekly unless a petition is filed as describedhe Florida Administrative below. DONE AND ORDERED in Tallahassee, Florida. CHARgGAUTHIR, Al i Director, Division of Community P]arming Department of -Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399;2100 NOTICE OF ADMINISTRATIVE RIGHTS ANY PERSON' iYHOSE SUBSTANTIAL INTERESTS ORDER HAS THE OPPORTUNITY FOR AN ADM I ARP, AFFECTED BY THIS PURSUANT TO SECTION 120.569, FLORIDA STA' �T RATIVE PROCEEDING ACTION. DEPENDING UPON WHETHER YOU ALLEGEES, REGARDING THE AGENCY'S MATERIAL FACT IN YOUR PETITION REQUESTING A ANY DISPUTED ISSUE OF PROCEEDING, YOU ARE ENTITLED TO EITHER N ADMINISTi�AT�E FORMAL HEARING.AN 'FORMAL PROCEEDING OR A IF YOUR PETITION FOR HEARING DOES NOT ALLE OF MATERIAL FACT CONTAINED IN THE DEPAGE ANY DISPUTED ISSUE ADMINISTRATIVE PROCEEDING WILL BE AN lNFO ENT'S ACTION, THEN THE' INFORMAL ONE, CONDUCTED DCA Final Order No.: DCA08-OR-109 PURSUANT TO SECTIONS 120,569 AND 120.57(2) FLORIDA STATUTES, AND CHAPTER 28-106, PARTS I AND III, FLORIDA ADMINISTRATIVE CODE, IN AN INFORMAL ADMINISTRATIVE PROCEEDING, YOU MAY BE REPRESENTED BY COUNSEL OR BY A QUALIFIED REPRESENTATIVE, AND YOU MAY PRESENT WRITTEN OR ORAL EVIDENCE IN OPPOSITION TO THE DEPARTMENT'S ACTION OR REFUSAL TO ACT; OR YOU MAY EXERCISE THE OPTION TO PRESENT A WRITTEN STATEMENT CHALLENGING THE GROUNDS UPON WHICH THE DEPARTMENT HAS CHOSEN TO JUSTIFY ITS ACTION OR INACTION. IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT STATED IN THE AGENCY ACTION, THEN YOU MAY FILE A PETITION REQUESTING A FORMAL ADMINISTRATIVE HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE OF THE DIVISION OF ADMINISTRATIVE HEARINGS, PURSUANT TO SECTIONS 120,569 AND 120.57(1), FLORIDA STATUTES, AND CHAPTER 28-106, PARTS I AND II, FLORIDA ADMINISTRATIVE CODE. AT A FORMAL ADMINISTRATIVE HEARING, YOU MAY BE REPRESENTED BY COUNSEL OR OTHER. QUALIFIED REPRESENTATIVE, AND YOU WILL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON ALL THE ISSUES INVOLVED, TO CONDUCT CROSS-EXAMINATION AND SUBMIT REBUTTAL EVIDENCE, TO SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS, AND TO FILE EXCEPTIONS TO ANY RECOMMENDED ORDER, IF YOU DESIRE EITHER AN INFORMAL PROCEEDING OR A FORMAL HEARING, YOU MUST FILE WITH THE AGENCY CLERIC OF THE DEPARTMENT OF COMMUNITY AFFAIRS A WRITTEN PLEADING ENTITLED, "PETITION IiOR ADMINISTRATIVE PROCEEDINGS" 'WITHIN 21 CALENDAR DAYS OF PUBLICATION OF THIS NOTICE. A PETITION IS FILED WHEN IT IS RECEIVED BY THE AGENCY CLERK, IN THE DEPARTMENT'S OFFICE OF GENERAL COUNSEL, 2555 SHUMA.RD OAK BOULEVARD, TALLAHASSEE, FLORIDA 32399-2100, THE PETITION MUST MEET THE FILING REQUIREMENTS IN RULE 28- 106.104(2), FLORIDA ADMINISTRATIVE CODE, TF AN INFORMAL PROCEEDING IS REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH RULE 28-106.301, FLORIDA ADMINISTRATIVE CODE. IF A FORMAL HEARING IS REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH RULE 28-106.201(2), FLORIDA ADMINISTRATIVE CODE. A PERSON WHO HAS FILED A PETITION MAY REQUEST MEDIATION. A REQUEST FOR MEDIATION MUST INCLUDE THE INFORMATION REQUIRED BY RULE 28-106.402, FLORIDA ADMINISTRATIVE CODE, CHOOSING MEDIATION DOES NOT AFFECT THE RIGHT TO AN ADMINISTRATIVE HEARING. YOU WAIVE THE RIGHT TO AN INFORMAL ADMINISTRATIVE PROCEEDING OR A FORMAL HEARING IF YOU DO NOT FILE, A PETITION WITH THE AGENCY CLERK WITHIN 21 DAYS OF PUBLICATION OF THIS FINAL ORDER. DCA Final Order No.; DCA08-OR-109 CERTIFICATE OF FILING AND SERVICE I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with the undersigned designated Agency Clerk, and that tnje ct copies have been furnished 2�wayll to the persons listed below by the method indicated this of April, 2008, Paula Ford, Agency Cie By U.S. Mail Honorable Charles "Sonny" McCoy Mayor of Monroe County Florida Keys Marathon Airport 9400 Overseas Highway, Suite 210 Key West, Florida 33050 Danny L. Kothage Clerk to the Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 Andrew Trivette Director Planning and Environmental Resources 2798 Overseas Highway, Suite 400 Marathon, Florida 33050 By Hand Delivery or interagency Mail; Craig Diamond, Bureau of State Planning, DCA Tallahassee Rebecca Jetton, ACSC Administrator, DCA Tallahassee Richard E. Shine, Assistant General Counsel, DCA Tallahassee COUNTY COMMISSION ORDINANCE NO. 001-2008 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING AMENDMENTS TO THE TEXT OF THE FOLLOWING SECTIONS OF THE MONROE COUNTY CODE; AMENDING SECTION 9.5-4 BY ADDING A DEFINITION FOR SEASONAL RESIDENTIAL UNITS-2.1), INCLUDING IN THE DEFINITION OF TRANSIENT RESIDENTIAL UNIT (T-4) SEASONAL RESIDENTIAL UNIT AND ADDING A DEFINITION OF TRANSITIONAL RECREATIONAL VEHICLE UNIT (T-4,I); AMENDING SEC. 9.5-215 BY ADDING THE USE OF SEASONAL RESIDENTIAL UNIT TO THE PURPOSE OF THE RV LAND USE DISTRICT; AMENDING SECTION 9.5-244 BY ADDING THE SEASONAL RESIDENTIAL UNIT AS A MINOR CONDITIONAL USE IN THE RV LAND USE DISTRICT; PROVIDING GENERAL REQUIREMENTS FOR APPROVAL OF SEASONAL UNITS WITHIN THE RV DISTRICT; PROVIDING FOR CODIFICATION; SEVERABILITY AND REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR FORWARDING OF THIS ORDINANCE TO THE DEPARTMENT OF COMMUNITY AFFAIRS AND THE SECRETARY OF STATE; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, There are a total of 11 RV land use districts in unincorporated Monroe County containing a total of 658 RV spaces and 197 acres; WHEREAS, MonroB . County recognizes the need for additional flexibility within tho RV land use district to accommodate traditiona( seasonal residents; WHEREAS, Historically the RV land use district has provided this flexibility; WHEREAS. Monroe County recognizes the need for flexibility within the transient use category to provide a seasonal occupancy; WHEREAS., RV space owners desire the ability to construct new or convert existing buil4ings into permanent structures for personal seasonal use; and WHEREAS, Monroe County wishes to preserve this seasonal type of use in the RV land use district; and WHEREAS, The Development Review Committee convened on July 24 h and August 6th, 2007 to review the proposed text amendment and duly considered comments and recommendations made by staff and the public; and WHEREAS, On September 12, 2007 the Planning Commission heard the proposed text amendment in Marathon and continued it for a second hearing on September 26, 2007 in Key Largo, and in due consideration of public testimony and the recommendations made by staff at both hearings, the text amendments were reconunended for adoption with minor revisions for clarification ptuposes only; and W:IGROWI'H MANAQEMEN'nB0MGMD Agenda Items1200801161Seasonal Units 2nd Public Hearing\ORDiNANCE PC SEASONAL RESIDENTIAL UNITS 09 27 07 with chviges by PC without strikuhroughs or underlines 010208.doc Rcviewcr Page I of 7 WHEREAS,. an November 14, 2007 at their regularly scheduled ineeting in Key Largo the Board of County Commissioners heard the proposed text amendment at a 5:00 PM Public Hearing; NOWt THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OP COUNTY COMMISSIONERS, THAT: Section L Section 9.5-4 is hereby amended as follows; See. 9.5-4 Definitions Seasonal residential unit is a transient residential unit with one (1) or more .rooms, toilet facilities, and kitchen physically arrangod to create a housekeeping establishment for occupancy by one (1) family, with tenancies. not to exceed 180 consecutive days. (T-4) Transient- residential unit means a dwolling unit used for transient housing such as hotel or,motel room, seasonal residential unit, or space for parking a recreational vehicle or travel trailer, (T4.1) Transitional recreational vehicle unit is ,a. recreational vehicle unit identified for conversion from a recreational vehicle to a seasonal residential unit within an approved development agreement with 114pnroe County establishing a phased transition from a traditional recreational vehicle park to a seasonal re- sidential use. Section 2. Section 9.5-215 is hei0by amended as follows: Sec. 9.5-215 Purpose of the Recreational' Vehicle District (RV) Tho purpose of the RV districts is to establish areas suitable for the development of destination resorts for recreational vehicles and other transient units such as seasonal residential units. Section 3. Section 9,5 — 244 is hereby amended as follows: Sec. 9.5-244 Recreational Vehicle District (RV). (a) The following uses are permitted as of right in the Recreational Vehicle District: (1) Recreational vehicle spaces, RV spaces are intended for use by traveling recreational vehicles. RV spaces may be leased, rented or occupied by a specific, individual recreational vehicle, for a term of less than twenty-eight (28) days, but placement of a specific, individual recreational vehicle W:IGROWTH MANAGEMENTIBOCCIGMD Agenda Items120080I MSeasonai Usiits 2nd Public Heariag\ORDINANCE PC SEASONAL RESIDENTIAL UNITS 09 27 07 with changes by PC without strikethrouglts oe undertines 0I0208.doe Page 2 of 7 Revidwer ___ _ (regardless of vehicle ' ( g type~ or size) within a particular RV park for occupancies or tenancies of six (6) months or more is prohibited, Recreational vehicles may be stored, but not occupied, for periods of six (6) months or greater only in an approved RV storage area (designated on a site plan approved by the director of planning) or in another appropriate district that allows storage of recreational vehicles. RV storage areas must meet all land development regulations, floodplain management regulations and building code requirements for storage of recreational vehicles. (2) Commercial retail uses of less than twenty-five hundred (2,500) square feet of floor area; and (3) Accessory uses, including permanent owner/ employee residential dwelling units. No more than one (1) permanent residential unit per three (3) RV spaces up to ten (10) percent of total spaces allowed or in existence. (4) Collocations on existing antenna -supporting structures, pursuant to article VII, Division 16, section 9.5-434.5(c) "Collocations on existing supporting structure", (5) Satellite earth stations less than two (2) meters in diameter, as accessory uses, pursuant to article VII, division 16, section 9.5-434.5(f) "Satellites earth stations." (b) The following use is permitted as a minor conditional use in the recreational Vehicle District, subject to the standards and procedures set forth in article III division 3.: ' (1) Hotels ,providing less than fifty rooms, provided that: a. The use is com atible with established land uses in the i xunediate vicinity; and b. One or more of the following amenities are available to guests; i. Swimming pool; ii. Marina; and iii. Tennis court. (2) .Attached or detached seasonal residential units, provided that: A. All units within the RV land use district shall be subject to the terms and conditions of a Development Agreement as defined in 9.5-1011 9,5-102 and further defined below. b. The units meet all land development regulations, floodplain management regulations, building code, and life safety requirements for the development of transient structures; W:IGROWTI-I MANAGEMENMOCOOMD Agenda Items\200801 MSeasonal Units 2nd Public Hearing\0RDINANCF, PC SEASONAL. RESIDVNTIAI, UNITS 09 27 07 with chfulges by PC without strikethmughs or underlines 010208,doe Reviewer. _ Page 3 of 7 c. The development of seasonal residential units shall occur only in gated RV parks with a managing entity responsible for evacuation. d. The proposed site is subject to an approved development agreement with Monroe County dettailitig at a minimum: L All proposed transitional recreational vehicle units; ii. A proposed site plan; A design strategy demonstrating separation of transient unit types on the property for life safety as well as design that is consistent with community character, and any applicable Monroe County design guidelines; iv. A statement of commitment for- the park to adhere to transient evacuation regulations; V. A phasing plan, as appropriate, detailing timelines for project completion; vi. Access to U3 l is by way of; L an existing curb cut; ii. a signalized intersection; or a curb cut that is separated from any other curb. cut on the same side of US I by at least four hundred (400) feet. (3) Parks and community parks; (4) Replacement of an existing antenna'supporting structure pursuant to article Vii, division 16, section 9.5434.5(b) Replacement of an existing antenna -- supporting structure, (5) Attached wireless communications facilities, as accessory uses, pursuant to article VII, division 16, section 9.5-434.5(d) "Attached wireless communicat facilities;" t- ons (6) Stealth wireless communications facilities; as accessory uses, pursuant to article VII, division 16, section 9.5-434.5(e) "Stealth wireless comrimunications facilities;" and (7) Satellite earth stations greater than or equal to two (2) meters in diameter, as accessory uses, pursuant to article VIY, division 16, section 9.5-434.5(f) "Satellite earth stations." (c) The following uses are permitted as major conditional uses in the Recreational Vehicle Distract, subject to the standards and procedures set forth in article III, division 3: (1) motels providing fifty.y. (50) or more rooms, provided that. a. The hotel has restaurant facilities on or adjacent to the premises; and b. Access to US 1 is by way of i. an existing curb cut; I a signalized intersection; W;\GROWTH MANA(IEMENTIBOCCIGMD Agenda ftems120080t MSeasonal Units 2nd Public Hearing\URDINANCE PC SEASONAL RESIDENTIAL UNITS 09 27 07 with vhanges by PC withom strikethroughs or underlines 010208.doc, Page 4 of 7 Reviewer a curb cut that is separated from any other -curb cut on the same side ofUS 1 by at least four hundred (400) feet, (2) Marinas, provided that: a. The parcel proposed for development has access to water at least four (4) feet below mean seas -level at mean low tide; b, The sale of goods and services is limited to fuel, food, boating, diving and sport fishing products; e. Vessels docked or stored shall not be used for live -aboard purposes; d. All outside storage areas are screened from adjacent uses by a solid fence, wall or hedge at least six (6) feet in height; and e, The parcel proposed for development is separated from any established residential use by a class C buffer -yard. (3) Reserved (4)- Land use overlays, A, E, INS, Ply', subject to provisions of section 9.5-257. (5) Wastewater treatment facility and wastewater treatment collection systems(s) serving (a) use(s) located in any Iand use. district provided that: a. The wastewater treatment facility and wastewater treatment collection system(s) is (are) in compliance with. all federal, state, and local xequirernents; and b. The wastewater treatment facility, wastewater treatment collection system(s) and accessory uses shall be screened by structures(s)' designed to be architecturally consistent with the character of the, surrounding coMmunity and minimize the impact of any outdoor storage, temporary or permanent; and C. In addition to any district boundary butlers set forth in article VII division 10, a planting bed, eight (8) feet in width, to be measured perpendicular to the .exterior of the screening structure shall be Established with the following: i. (one native canopy tree for every twenty-five (25) linear feet of screening structure and one understory tree. for every ten (10) liner feet of screening structure; and ii. The required trees shall be evenly distributed throughout the planting bed; and The planting bed shall be installed as set forth in article VII, division 10 and maintained in perpetuity; and A solid fence may be required upon determination by the planning director, WAGROWni MANAGEMENTIBOCCIC',MD Agenda Items120080I MScasonal Units 2nd Public Hearing\ORDINANCE PC SEASONAL It>:SIDENTIAL UNITS 09 27 07 with changes by PC without strikethroughs or underlines 010208,doc Reviewer Page 5 of -- Section 4. Severability.. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of. any pad, Section 5. Repeal of Conflicting Provisions, The provisions of the Monroe County Code and all Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed, Section 6. Inclusion in the Code. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of Monroe County, Florida as an addition or amendment thereto, and shall be appropriately numbered to conforms to the uniform number System Of -the Code, Section 7. Approval by the State Department of Community Affairs. The provisions of this Ordinance constitute .a "land development regulation" as Statd Tamer defines that term. Accordingly, the Monroe County Clerk is authorized to forward a copy of this Ordinance to the State Department of Community Affairs for approval pursuant to Sections 380,05(6) and (11), Florida,. Statutes and to the Secretary of State for the State of Florida, as required. Section 8; Effective Date. This Ordinance shall be Effective immediately n on approval b the State Department of Corbm.unity Affairs pursuant to Chapter 380, Florida Statutesp y REMAINDER OF PAGE LEFT INTENTIONALLY BLANK WAGROWTH MANAGEMENT1 OMGMD Agenda IWMU0080I161Seasonal Units 2nd Public Hearing\ORDINANCE PC SEASONAL RESIDENTIAL UNITS 09 2107 with changes by PC; without strikethroughs or underlines 010208.doe Page 6 of 7 Reviewer d � . PASSED AND .ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting of said Board on the 16th day of Jau. , 2008• Mayor Charles "Sonny" McCoy Mayon Pro Tem Dixie M. Spehar Commissioner Mario DiGennaro Commissioner George Neugent Commissioner Sylvia .Murphy �ATTS`:..�iny L. olhage, CLERK B Deputy Clerk Xes Yes Yee, es. Yes BOA. OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLOIUDA By: , Mayor Charles "Sonny" McCoy MaWaoI aoal�rr ATTo1IN1~r % APPROVeD AT TO Ohm at -• ra CD . t -T7 W:IGRQW M MANAUIJMEN'1ABOCCI0MD Agenda Items\200801161Scasonal Units 2nd Public Heizehg10Ii D4CB PC SEASONAL RESIDENTIAL UNITS 09 27 07 with changes by PC without strikethroughs or underlines 010208.doc Reviewer Page 7 of 7 It Exhibit D CASE # UNIT OWNER ITEM REQUIRING CORRECTION '�E04090201 34 Lopez NO PERMITS FOR SHED, SCREEN ENCLOSURE, 04303640, FOR SCREEN ENCLOSURE, NEVER ISSUED E0611027 35 Estevez NO PERMITS FOR SHED, SCREEN ENCLOSURE, E0611027 37 Castrillon SHED AND SHADE STRUCTURE E0612003 38 Orasi WOOD DECK NO PERMITS FOR SHED AND SHADE STRUCTURE E0612003 39 Garcia WOOD DECK NO PERMIT FOR SHED AND SHADE STRUCTURE E0612004 40 Silva SLAB NO PERMITS FOR SHED 'E0612004 41 De Castro NO PERMITS FOR SHED AND SHADE STRUCTURE E0612004 43 Besu SLAB CANVAS SHADE STRUCTURE NO PERMITS FOR SHED E0612005 44 Valentin SHED NEVER ISSUED. E0601020 45 More'on SLAB. E0612006 46 Hernandez SLAB No pennit for shed & aluminum enclosure. E0612006 47 Cousineau NO PERMITS FOR SHED OR SLAB. E0405015 48 Laurel SLAB NO PERMITS FOR SHADE STRUCTURE. NO PERMITS FOR SHED. E0612006 49 Gonzalez TIED DOWN ON JACKS, NOT ROAD READY. E0612006 50 Barrett SLAB NOT ROAD READY UNIT ON BLOCKS. E0612006 51 Montenegro SLAB & SHED E0612006 52 Marrero SLAB NOT ROAD READY, UNIT HAS SKIRTING. NO PERMITS FOR SCREEN ENCLOSURE 02-1321C 53 Nunez NOT ROAD READY, UNIT SKIRTED IN. 02304525-HOT TUB -NO FINALES. SLAB SHADE STRUCTURE. E0612008 54 Chirole UNIT NOT ROAD READY. NO PERMIT FOR SHED E0612008 55 Chirole SLAB NO PERMITS FOR LIGHTS. NOT ROAD READY, UNIT HAS SKIRTING. CE0612008f 56 Ortc a 03300726 SLAB -OPEN. Exhibit D C'E0612008S 57 Martinez 08301512-SLAB-OPEN. NOT ROAD READY, UNIT HAS SKIRTING. E0412004 58 Hernandez 04303164-SLAB-OPEN. NOT ROAD READY, SK WIING SCREEN NEVER ISSUED E0612009 59 Rodriguez SLAB. NOT ROAD READY, UNIT HAS SKIR TTING E0612009 60 Diaz SHED E0612009 61 Barrios SHED E0612009 62 Nicolas SLAB & SHED E0612009 63 Rafuls NO PERMIT FOR SLAB. E0601020 65 Torres SLAB & SHED E0612010 66 Torres 03305736-SLAB-OPEN. NOT ROAD READY, UNIT HAS SKIRTING. E0612010 67 Abreu NOT ROAD READY, UNIT HAS SKIRTING. 03305736-SLAB-OPEN. NO PERMIT OPEN ROOF. E0701009 68 Lopez E04090066 SHED, SLAB & DECK E0701009 71 Pratt SLAB AND SHED SKIRTING, FENCE Not road read E0701009 72 Hunsber er No permits for shed & shade structure E0701009 75 Fernandez SLAB Not Road Read NO PERMITS SHED E0405015 76 Oliva SLAB E03070151 E04050161 CE0701009 77 Jerdani Corr TIE DOWN, WOOD DECK & SLAB Not Road Read E0307014 79 Hernandez NO PERMITS ON RECORD FOR SLAB Have shed. E0405015 80 Garcia SLAB E0701010 81 Orta No permits for fence and shed. E0405015 82 Gomez 04302965 ACCESSORY USES EXCEEDS PRINCIPLE NO PERMITS FOR WOOD DECK & CANOPY Have shed. E0701011 84 Perez Nopen-nit for fence. E0701 0111 85 Jimenez NOT ROAD READY Exhibit D SHED E0701011 86 Ca on No final on permit # 04300680. ICIE0701 87 Martinez NO PERMIT FOR SHED. E07010111 89 Chirole Not road read . No final on permit # 02302110. rII E0701012 90 De Arce No permit for shed. E0701012 91 Llama No permit for shade structure, pavers & wood deck. I;0701013 92 Lima DECK AND SHADE STRUCTURE NO PERMIT FOR SHED CE06010201 93 Labrador No finals for aluminum enclosure & slab. No permit for shed. CE0704021 94 Furones No permit for concrete slab poured 4-24-07 CE0701013i 95 66 Trans o No final on permit #0230005. E0701013 99 Baker No permits for central air conditioner and shade structure. 124 Not road ready. E0601019 126 Molina No permit for wooden fence & deck. 02-1365C 200 Lamas SHED PERMIT. CE03040180 PROPERTY HAS A FINE & LIEN CE0612002 201 Duran VACANT NO PERMITS FOR SLAB 202 VACANT NO PERMITS FOR SLAB E0611025 203 Gonzalez NO PERMITS FOR SHED AND SLAB 'CIE0611025S 204 Duran NO PERMITS FOR SHED & OPEN ROOF 205 VACANT NO PERMITS FOR SHED AND SLAB CE0611023 206 Delgado NOT ROAD READY UNIT HAS SKIRTING 0230334 1 -SCREEN ENCLOSURE -VOID 02301417-SLAB-OPEN CE0611026 208 Alvarez NO PERMITS FOR SLAB CE0611027 209 Ballester 02301496 NOT FINALED 210 VACANT CONC SLAB NO PERMIT CE0611027 211 Goodrich 05302012-SLAB-VOID Exhibit D CE0404024 212 Hernandez SHED, OPEN ROOF 04303090-VOID. CE0611027 213 Peter NOT ROAD READY, UNIT HAS SKIRTING. 053 02196-TILES-OPEN. 03 3 00677-S LAB -OPEN. CE0612000 215 Alfonso 05301713-SLAB-OPEN. CE0612000 216 Nicholls 05302425- atio roof & screenroom-o en. 05302011-patio slab -open. 217 VACANT NO PERMIT FOR SLAB. 218 NO PERMITS FOR, SHADE STRUCTURE SHED, WOOD DECK. CE0612003 219 -Downing NO PERMITS FOR, SHED, SLAB,WOOD DECK, SHADE STRUCTURE, BOAT PORT. CE0612003 220 Balu'a NO PERMITS CE0612003 221 Rubi NO PERMIT FOR SHED, AND STONE SLAB E0601020 222 Johnson NO PERMITS CE06120029 E0403022 223 Moropa Nopen-nit for canvas shed E0601020 224 Manatee VACANT, NO PERMITS Landing LLC 225 VACANT NO PERMITS CE0612000 226 Sunset Viem No final forpen-nits. No permit for concrete slab. LLC CE0612002 230 ktorresagast No pennits screened enclosure and shed. 231 Permit 08302012-2 decks & fence -open -good till 11/29/08 SLAB AND WOOD DECK CE0612002 232 Cambo concrete slab & fence -no permits E0612001 234 Hutchins CE0601022i 245 Gomez fence,slab NOT ROAD READY, UNIT HAS SKIRTING E0601021 246 Viciedo No permit for aluminum enclosure, shed,fence,slab NOT ROAD READY, UNIT HAS SKIRTING E0601021 247 Barrios NOT ROAD READY NO SHED PERMIT UNIT HAS SKIRTING. �,E06120011 253 1 Martinez No Permit for shed. No final for pennit #02302165, Exhibit D CE060102le 254 Rebull Not road ready. No final on permit #03304327 for screen 04301040 ISSUED 03302185 FINALED,03304327 ISSUED E0612001 255 Alvarez 'CE04040271 256 Alvarez FENCE No final on SLAB M0612001e 257 Rojas E0612001 258 Dorta E0701009 260 Audrain No permits for shed or fence E0405014 301 Gonzalez No permit for shed. permit 05300489 for pw. Pedestal not issued E0612001 302 Orasi Nopen-nits for shed and slab permit 03301374 for demo wood deck no inspection permit 053000488 for pw pedestal not inssued M061200 Y 303 Jimenez No permits for shed, slab and pavers, permit for ATF shed & concrete slab-07303147 no final permit 05300490 for 2ower pedestal -not issued E0307014 304 Perez No permits for wooden deck slab and shed. E0612001 305 Diaz E0612001 306 Gonzalez Nopen-nits for shed and pavers. E0612002 307 Beoto No permits for shed, wooden deck and slab. Not road ready. CE06120021 308 Garcia shed pedestal. No permit for wooden deck. Not road ready. E0405014 309 Sanchez No permits for wooden deck, shed and slab Not road ready. E0612002 310 Guidi Not road ready. E0405014 311 Fernandez No permits for canvas shade structure, slab and deck. E04030023 Not road ready. E0403002 312 Perez NO PERMIT FOR SHADE CANOPY. NOT ROAD READY UNIT HAS SKIRTING. NO PERMIT FOR SHED, M04090211 313 Dunkley 0430335 concreate slab/aluminum roof over E04030028 NOT ROAD READY, UNIT IIAS SKIRTING. NO PERMIT FOR SHED. Exhibit D E0405014 314 Milian NO PERMIT FOR SLAB,SHED OPEN ROOF. E04030029 NOT ROAD READY. E04090216 --E06120121 315 Leon NOT ROAD READY. E0612012 316 Leon NO PERMIT FOR SLAB. E0505029 317 Labrador ATF 05302495-SHED, NOT ROAD READY E0612013 318 Reece NOT ROAD READY, UNIT HAS SKIRTING. F,0612014 319 Falcon NOT ROAD READY, E0612015 320 Ramos NO PERMITS FOR SITED. NOT ROAD READY. 01-0763C 326 Suarez No permit for wooden dock and shed. E0404019 327 Fernandez NO PERMIT FOR SHED. 329 VACANT NO PERMITS FOR SLAB. E0702027 330 Carrero No permits for slab E0612002 331 Iiernandez No permit for shed. #01304710- atio slab over small slab -no final inspect. E0702003 332 Ale'o No permits for shed, white picket fence and shade structure. E0702003 333 Moreno No permits for shed and shade structure frame. no perniffs applied for or issued for shed,shade struct CE0702003 334 Duran No permits for pavers and shade structure. no permits applied for ---E0601022i, 338 Contador NO PERMIT FOR SHED. E0702003 339 Marrero No permits for shed and wooden deck. #02301777-slab has no final inspection E0702003 340 Williams No permits for shed, wooden deck, concrete slab and shade structures. CE0702003S 341 Oliveira No permits for shed, wooden deck, concrete slab, FENCE CE07020041 342 Perez No permits for shed, wooden deck, concrete slab and shade structure's frame. E0702004 343 Guillama No permits for shed and wooden deck. �-E07020191 344 Guerra NO SHED PERMIT Fxhihit n no permits applied for or issued E0702004 345 Rodriguez No permit for wooden deck and concrete slab. no permits applied for or issued E0405015 346 Duran No Permit for slab. Permit #04303018 not issued. CE0702004i 347 Gonzalez No permit for slab. E0702004 348 Hernandez No_permits for deck and screen enclosure. 02-1234C No ermit for shed. E0702005 349 Herrera No permits for shed. E0702005 350 Ramirez No permits for shed and concrete slab. E0702005 351 Ale'o No permits for shed, slab and white picket fence. 02-1235C 352 O'eda No permits for shed, wooden deck, concrete slab, E07020055 and shade structures. E0702005 353 Valdes Nopermits for shed, wooden deck and concrete slab. E0405013 354 rez & Rom No final for permit #0203582. E0702006 355 Baltar No permits for shed, wooden deck and concrete slab. CE07020061 356 Fontela No permit for shed. Not road ready. 357 SHED,SLAB,VACANT E0702006 358 No permit for mobile on blocks. E0702006 359 Martinez No Permit for shed . Not road ready. E0702006 360 Enri uez Not road ready, NO PERMIT FOR SHED, AND DECK. E0405015 361 Lopez No final for aluminum roof. No permit for slab. E0702007 361B Dis irito No permits for shed & shade structure. Exhibit D -"E07020061 362 Abad No permitsTor slab,shed and wooden deck. E0702006 363 O'Farrell No permit for shed. E0702007 364 Castro No permits for shed and slab. Not road ready. E0702007 365 Labrador No permits for shed and slab. E0702007 366 Labrador No permits for shed and screened enclosure. Not road ready. No permit for wooden deck. E0405015 367 Barrios No permits for wooden deck and SLAB E04030035 E0702008 368 Marrero No permits for shed and slab. -"E07020081 169 Portal No permits for shed and slab. E0702008 370 Ravelo No Rermits for shed and slab. E0702008 371 Hernandez No permits for shed and slab. RV is not road ready. CE0702008i 372 Perez No permits for shed, slab, shade structure and avers. E0702008 373 Bersani No permits for shed and slab. E0702008 374 Veliz No permits for shed and shade structure frame. 04300244-SLAB-OPEN. 02300435-SLAB-NO INSPECTIONS. E0702008 375 Benitez No permits for shed and slab. E0702008 376 Beoto NO PERMITS FOR SHED, WOODEN DECK, E0702008 377 Fernandez No permit for shed. E0601022 378 Gonzalez No permit for shed and wood deck. --E04050141 379 Fernandez No permit for slab. E03070140 Not road ready. No permit for wooden deck and shed. E0702009 380 Gonzalez No permit for shed. RV on blocks. Not road ready. E0702012 381 Gonzalez No permit for shed and slab. RV on blocks. Not road ready. F,0702012 382 Herrere No permits for shed and wooden deck. Not road ready. E0702012 384 Lopez; No permits for shed and slab. E0702012 385 ussi-Macha No permits for shed and screen enclosure. Not road ready, Fxhihit n E0702012 386 Menendez No permits for shed, slab, screen enclosure and shade structure frame. Not road ready._ E0702012 387 De La Torre No permits for shed, slab, screen enclosure and shade structure frame. Not road ready. '-�E07020131 388 Say Pedro no permit for shed, slab and pavers not road ready. 392 SLAB, NO PERMIT - VACANT LOT. E0702013 393 Nunez No permits for shed,slab, avers and shade structure. Not road ready. E0702013 394 Garcia No permits for shed,slab,decks and shade structure. Not road ready. ��E07020134 395 Lugo No permits for shed, slab and shade structure. Not road ready. E0702013 396 Maresma No permits for shed, deck and shade structure. Not road ready. E0403004 401 Lopez 04303256 PERMIT FOR WOOD DECK NEVER E04090217 ISSUED, NO PERMITS FOR SLAB & SHADE STRUCTURE Not road ready,. have skirting, E0700013 402 Herrera NO PERMITS ON RECORD FOR SLAB, SHED ZE07020141 403 Orta NO PERMITS FOR SHED CONCRETE SLAB r,'E0702014f 404 Ganda NO PERMITS FOR SLAB Not road ready,skirting screwed in. E0601019 405 Castilla PERMIT #03305092 FOR TILED SLAB - OPEN NO PERMITS SHADE STRUCTURE OR SHED Not road ready, have skirting. E0702014 406 Iglesias NO PERMIT FOR SLAB CE0702015 407 Fernandez NO PERMIT FOR SLAB, PERMIT #08303225 TREE REMOVAL - OPEN CE07020151 408 Garcia NO PERMITS FOR FENCE, DEMO OF SHED, CE05050311 SLAB, SKIRTING Permits APPLIED for but never PICKED UP #05305754, and #05303431 CE0307013 409 Guion NO PERMITS ON RECORD FOR SLAB CE07020153 There is a shed on site. Not road ready. CE0702015 410 Feliz IThere is a shed on site. Fxhihit n CE0702015 411 Hawkins SLAB SHED Not road ready. CE0702015 412 Polo PERMIT 03304242 FOR SLAB - OPEN There is a shed on site. r.'E0702016 413 Quintero NO PERMITS ON RECORD FOR SLAB There is a shed on site. E0702016 414 Diaz PERMIT #04300802 FOR SLAB & FENCE - OPEN E0702016 415 Sanchez E0702016 416 Lakkundi Aluminum screen enclosure "-E0702016e 417 Pena NO PERMITS ON RECORD FOR SLAB SHED CE0702016 418 Hernandez NO PERMITS ON RECORD FOR SLAB, SHED .E03070141 419 Diaz NO ATF PERMIT FOR CONCRETE SLAB. Have shed. E0702016 420 S asiuk 01304536 FOR SLAB - OPEN NO PERMIT FOR WOOD DECK Have shed. 'E0702016 421 Di Nicola Have shed, slab Not road read . M0702016f 422 Di Nicola NO PERMITS ON RECORD FOR SLAB & SHADE STRUCTURE and shed Not road ready. CE0307014 424 Cortina NO PERMITS ON RECORD FOR SLAB E0702017 425 O uendo NO PERMITS ON RECORD FOR SLAB 426 VACANT NO PERMITS FOR SLAB, & SHED 01-0770C 427 Morrissey NO PERMITS ON RECORD FOR SLAB & E07020179 ENCLOSURE, WOOD STORAGE UNIT ATTACHED TO RN Have shed. Not road ready, E0702017 428 Latour NO PERMITS FOUND FOR WOOD DECK Have shed. E0702017 429 Reina NO PERMITS ON RECORD FOR SLAB & SHADE STRUCTURE Have shed. Exhibit D E0702017 430 otic Center 03304099 FOR SLAB & ALUMINUM PATIO - OPEN I-Iave shed. --E07020171 431 Der 03301844 FOR SLAB - OPEN NO PERMIT FOR SCREEN ENCLOSURE Have shed and canvas tubing. Not road ready. '��E07020181 432 Michel NO PERMITS ON RECORD FOR SLAB & SHADE STRUCTURE, ALUM TUVE/CANVAS & WOOD DECK Have shed. F.0702018 433 Rios NO PERMIT FOR SLAB & SHADE STRUCTURE Have shed. On blocks- not road read E0702018 434 Bello NO PERMITS ON RECORD FOR SLAB On blocks- not road read E0702018 435 Sebastian NO PERMITS ON RECORD FOR SLAB & SHADE STRUCTURE, CANVAS SHADE ADDED Have shed. E0702018 436 Eager Famil NO PERMITS ON RECORD FOR SLAB Have shed. 437 VACANT - NO PERMITS ON RECORD FOR SLAB CE0702018f 438 Perez NO PERMITS ON RECORD FOR SLAB & SCREEN ENCLOSURE Have shed. Not road ready. E0702019 439 Sanchez 00303755 FOR OPEN PATIO, CONCRETE SLAB & 01302943 - CLOSED have shed. Not road ready. 'E0702019 '440 Gardenache NO PERMITS ON RECORD FOR SLAB & SHADE STRUCTURE Have shed. Not road read . E0409000 441 Hernandez NO PERMITS ON RECORD FOR SLAB & SHADE STRUCTURE TURNED INTO SCREEN ROOM Have shed, ::E04050154 442 Rodriguez Have shed. E07020193 E0405015 443 Corrales NO PERMITS ON RECORD FOR SLAB & SHADE STRUCTURE Have shed. 445 VACANT - NO PERMITS ON RECORD 446 1 VACANT - NO PERMITS ON RECORD Exhihit D E0702019 447 Martinez NO PERMITS ON RECORD FOR SLAB & SHADE STRUTURE, OR WOOD DECK Have shed. Not road ready. E0702019 448 More'on 01304495 TREE REMOVAL - EXPIRED 02303999 DEMO OF FENCE, CANVAS - EXPIRED Have shed. Not road ready. E07020120 449 Palmer NO PERMITS ON RECORD FOR SLAB Have shed. Road ready. E07020120 450 Triana NO PERMITS ON RECORD FOR SLAB & SHADE STRUCTURE Have shed. E0702020 451 Egued NO PERMITS ON RECORD FOR SLAB, TUBE & CANVAS Have shed E0702020 452 Rodriguez NO PERMITS ON RECORD FOR SLAB Have shed & aluminum poles canvas E0702020 453 Martin NO PERMITS ON RECORD FOR SLAB, 'TUBING & CANVAS Have shed. 'E0702020 454 Perez NO PERMITS ON RECORD FOR SLAB, ALUMIN. FRAME & TUBING FOR CANVAS Have shed. E0702020 455 Delgado 02303648 FOR SLAB -EXPIRED Have shed. E0702020 456 Stalder NO PERMITS ON RECORD FOR SLAB Have shed, tubing & canvas. E0702020 457 Winne NO PERMITS ON RECORD FOR SLAB, CHAIN LINK FENCE E0702021 458 Lopez NO PERMITS ON RECORD FOR SLAB 459 VACANT - NO PERMITS ON RECORD FOR SLAB E0307013 460 —Reyes NO PERMITS FOR SLAB & SHADE STRUCTURE E07020211 'E0702021 461 Cruz NO PERMITS ON RECORD FOR SLAB & SHADE STRUCTURE Have shed. Tubing & canvas E0702021 4 22 Martinez NO PERMITS ON RECORD FOR SLAB & SHADE Fxhihit n STRUCTURE, Have shed and skirting. E0307013 463 Suarez NO PERMITS ON RECORD FOR SLAB shed E0702021 464 Rodriguez NO PERMITS ON RECORD FOR SLAB, WOOD DECK, TUBING & CANVAS GROUND, Have shed. E0702023 466 Rodriguez NO PERMITS ON RECORD FOR SLAB & SHADE STRUCTURE Have shed. E0307015 467 Barcelo 01302912 ATF REPAIR OF DECK W/STAIRS & E07020216 INSTALLATION OF SKIRTING, RE -PLACING THE EXISTING DECK & SKIRTING - VOID Have shed, Not road ready. E0601018 468 Mendez 03302205 FOR AI,UM SCREEN ENCLOSURE - NEVER ISSUED, NO PERMIT FOR SLAB E0702021 469 Ortiz NO PERMITS ON RECORD FOR SHADE STRUC. & WOOD DECK Have shed. Not road ready. ,-,E070202fl 470 Bello NO PERMITS ON RECORD FOR WOOD DECK & SHADE STRUCTURE, Have shed. Not road ready. 471 VACANT - NO PERMITS ON RECORD E0702022 472 Padron NO PERMITS ON RECORD FOR WOOD DECK & SHADE STRUCTURE Have shed tubing & canvas shade structure. Not road ready. E0307015 473 Valdez NO PERMITS ON RECORD Have shed. Not road ready, E0702022 475 Vega Have shed, tubing & canvas shade structure. E0702022 476 Hernandez Have shed, tubing & canvas shade structure. E0702022 477 Arta eta 05301486 SCREEN & ROOF - NEVER ISSUED Have shed. 'CE0702022f 478 Luis NO PERMITS ON RECORD FOR SLAB & ENCLOSURE, SHED ADDED Not road ready. Exhibit D CE-0611025 481 Nosti NOT ROAD READY NO PERMIT FOR SCREEN PORCH, NOT ROAD READY. CE0611025 482 Perez NO PERMITS FOR PLASTIC ENCLOSURE, OR SHEDS Xthree Not road ready. E0611026 484 Reina No permits for shed and slab. Mobile home on blocks. Not road ready. E061 1026 485 Salzer NO PERMITS FOR SHED, M06110261. 486 Oliva THERE ARE PERMITS ON FILE E0611026 487 Palmer NO PERMITS, SHED, SLAB,SHADE STRUCTURE. E0611026 488 Perez NO PERMITS FOR SHED ,E06110261 489 Sanchez NO PERMIT FOR SHED E0702022 490 Sanchez 08301004 TREE REMOVAL - OPEN 05302540 ATF SCREEN ENCLOSURE W/SLAB APPLIED FOR - NOT ISSUED Have shed E0702023 491 Rodriguez SHADE STRUCTURE and shed E0702025 492 Ramirez NO PERMITS ON RECORD FOR SHADE STRUC., CONCRETE SLAB Have shed. E0702025 493 De Urrutia NO PERMITS ON RECORD E0702025 494 Gomez shed E0702025 495 Valdes NO PERMITS ON RECORD FOR SHADE STURCT. Have shed. F,0702026 496 Meyer NO PERMITS FOUND FOR SCREENED SIIADE STRUCTURE Have shed CE07020261 497 Mala on 05303915 TREE REMOVAL - OPEN 01304332 FOR CONCRETE SLAB ONLY - OPEN E0702026 498 Orasi NO PERMITS ON RECORD FOR SHADE STRUCT. WOOD DECK I-Iave shed Not road ready. E0702026 499 Pena NO PERMITS ON RECORD FOR SHADE STRUCT. WOOD DECK Exhihit n DECK ALSO SKIRTED Not road ready. E0601017 501 Iglesias No permit for slab, aluminum enclosure and shed with airconditioner. Not road ready. E0702026 502 Ginoris No permits for shed, fence, concrete slab Not road ready. No permit for screen enclosure E0702026 503 Martinez Not road ready. Enclosure attached to RV. No permit for shed CE06010181 504 Del Rio No permit for wooden deck, and shade structure No petmits applied for or issued for anything 505 RN ON SLAB, WITH SHED No permits for concrete slab wood deck and shed. E0702026 506 Herrera No permit for shed. E0702026 507 Perez No permits for concrete slab wood deck and shed. No permit for alum. Shade structure E0702027 508 Vera No permit for shed. No final on permit # 03302746 Permit 03302253-Slab complete/ screen room -no final CE0701018 509 Oliva Not road ready. No final for permit #02313646. No permit for wooden deck. No permit for canvas enclosure E0701018 510 Fernandez No permit for wood deck No permit for slab E0701018 511 Alfonso No permit for shed and concrete slab. SHED ADDED C"E0701017S 512 Fernandez No permit for shed.No final on permit #03302257. Permit 03302558-screen porch on exist.slab-complete E0701017 513 Sanchoyertc No permit for fence and shed. 'E0701017 514 Gonzalez No permit for shed and slab. Enclosure attached to RV. Not road ready. Fxhihit n SHADE CANOPY ADDED. E0701017 515 Hernandez No permits for concrete slab, wood deck and shed. E0701017 517 Ruiz Nopen-nit for shed and fence. No permit for shade structure E0701017 518 Galvez No permit for concrete slab. No permit for screen enclosure E0601018 519 Ramirez No permit for shed. CE0701010 520 Martinez No permit for shed. CE0701016 521 Ramirez No permit for shed. CE0701016 522 Vera No final on permit # 03303352. 523 NO PERMITS ON RECORD FOR SLAB VACANT CE0701016 524 Rodriguez NO PERMITS ON RECORD FOR NEW SCREEN ENCLOSURE Have shed. E0701015 525 Luis NO PERMITS ON RECORD FOR TILED SCREEN ENCLOSURE Not road ready, E0701015 526 Perdal NO PERMITS ON RECORD FOR SHADE STRUCT. & DECK Have shed. E0701015 527 Rios NO PERMITS ON RECORD FOR ENCOSURE, GLASS BAR/CABINETS Have shed. Not road ready. E0701015 528 Galvez NO PERMITS ON RECORD FOR ATTACHED SHADE STRUCTURE & WOOD DECK Have shed. Not road ready. E0701014 529 Hernandez NO PERMITS ON RECORD FOR SHADE STRUCT. W/WOOD DECK Have shed. Not road ready. E0701014 530 Rodriguez NO PERMITS ON RECORD FOR SHADE. STRUCT. W/WOOD DECK Have shed. Not road ready. E Exhibit E CASE if UNITtQW7NER VIOLATION RE LIMING CORRECTION on CAR canopy nNO PERMIT FOR CWORT Laurel - 5—'PDXTAHI,EKITCHFN-NF.VF.R ISSUED arrettCAR FORT. ontenc ro NO PERMrrS CARPORT. utsez Chirole NO PERMvrS FOR ALUMINUM ROOF arttnez NO PERM FOR CARIPOWr aroma ez 04303691 PATIO ROOF NEVER ISSUED _R_o&n—gwz NO PERmrrS FOR OPEN ALUMINU91ZD7—_ Diaz NO PERMrrS FOR; amos Nicolas W177rRUMSTM CARPORT. 75— Fernandez ALUMINUM ROOF tva No permit for aluminum roof -77 JerdaniCo NO PERMITS ON RECORD FOR ALUMIN1JM ROOF ercu o armu or a ummum roo imenez MCTRMIX. PLUMBING 126 Moline amen NO PERMTFS FORIMP OVER SLAB ernan ez MUMMY— 215 Alfonso oro o permit for to utc ms No pertuit for a ummum roo . Gomez mshed withelectric water. man roof. CE)O 102 Vict o Kitchen CEO 010 4 25 ebull roof patio CE06120013 255 Alvarez o emtits for concrete slab shade structure, wood deck and two sheds. Ci040 0271 256 Alvarez No Gas on Patio roof CP.06120014 257 Ro s, Rem eretor on the orch. CE06120015 258 Dorte liremit 33 480-Patio Roof issued no final CE06120017 30 Lmenez permit 3 92 for no roof -not issued CE06120 118 305 Diaz etmrt fore um fnot issued E061 0021 308 Garcia Permits not issued for boat lift and electrical CE04050143 309 Sanchez No pennits for eluminua rch roof end electric dockside CE04050142 3 1 Fernandez No pcnnits for eluminua porch roof end kitchen CE04030023 E 124 315 Leon 03303045-FOUR WALL R F-OPEN CE050502 7 317 Labbraddor ROOF OVER SLAII.OPEN PLUMBING CE09120 440 31 Falcon OPEN PERMIT PATIO RO F. CE0612015 320 Ramos 05300682-ELECTIL PEDESTAL -OPEN OPEN ROOF E0702 271 330 Carrcro CAR PORT 7 20039 3 rveira CARPORT —Pr E04 50155 ALUMINUM ROOF CE07020052 5 Ramirez Permit iY02302770 for mof, not issued. root ennil to now voided CE04050157 367 1 Barrios AWNING ALUMINUM ROOF Exhibit E CE04030 3S CE07020085 373 Bcisam PATIO ROOF -OPEN. E 7 20088 376 Beolo AND ALUMINUM ROOF. CE07020099 377 Fernandez 02300809- ROOF• OPEN. CEO 50147 379 Fernandez ALUM04UM ROOF C503070140 CE-07000139 402 Herren C R7' CT7 201 8 4 SINK CF07 i4 406 1 lesiu CANVAS CARPORT WITH MOTION LIGHTS CE-07020151 409 Garcia CARPORT,ROOF CE05050311 CE 7 0154 410 Fe re go PERMITS ON RECORD FOR GAZEBO E07020157 4 aw ins F.I.FVATFD WOOD D 7 220159 Polo NO PERMITS FOR VERY HIGH CANVAS T WILIGIrr RCARPORT CE07020160 413 intero CE07 I 4l4 Diaz Light fixture attached to carport —UM7020162 415 snchez Light fixturt an a ded. CE070201 3 416 1 La kun i AWNING 7 0165 418 Hernandez Lights ausched to carport. C 7 20 67 421 Di Nicola NO PERMITS ON RECORDFOR LARGER CANVA CARPORT & ANOTHER CARPORT DEU CE07020 4 2 13 kola CANVAS CARPORT CF.03070 7 Cortina CANVAS CARPORT WILIGHTS ADD D owni0 CE07020174 425 uendo CANVAS ALUM FRAME CANVAS CARPORT ADDED Sink has faucet CE070202 3 Rios 02300276 FOR ALUM CANOPY -NEVER ISSUED CIE07020183 434 Bella aluminum carport CE117020190 439 Sane ez FREF STANDW. ALUM ROO - OPEN ADDBD CREW -1.0 VXISTING ROOF CE04090002 441 Hernandez reftiorator under shade structure. CE07020199 449 Morc'on 0030 27 A UM94UM ROOF- EXPIRED 02305253 PORTABLE WOOD DECK & CANOPY & ELECT -OPEN E070201201 430 riana camort CE07020203 52 R n ua. CAWTt CE07020206 55 Del ado NO PERMIT FOR KITCHEN UNDER SHADE PA Re • erator, sin microwave. CE03070139 460 Reyes 03304419PATIO ROOF - VOW CH-67T2 I . Have sink. CE07020213 461 Cniz ADDED GAZEBO rcfn erstor. E07020214 462 Martinez ALUM CANVAS AWNING ADDED CE53 70 35 63 Suarez AS CARPORT ADDED sink 'E 7 ISS 467 Burcelo re6i eiator freezer, bar. CE07020216 CE07020218 470 Bello ALUM CANVAS CARPORT CE061102 I 484 Reins NO PERMITS OR CAR PORT. 06110262 485 Sahcr LUM R AR PY. CE06110266 48 erer. ROAT P R I OPY E 11 8 489 Swwhrz F 7ANOPY. CE07020229 490 Sanchez reffilerstor CF.07020230 4 1 Rodri uez 0230271 FOR CARPORT- VOID Ctllln fans CF.0702025 4 4 Gmnez 03301141 SCREEN ENCLOSURF PATI , ffECTRIC NOT FINALED. OPEN Exhibit F- Site Plan 19 67',-!9 3ArN4'909MVIT no c)57. Vd ............... ul ID L'C, 44"\Nl c < PA, L C CD Exhibit G- Evacuation Plan CALUSA CAMPGROUND ASSOCIATION EVACUA7�ION PLAN Calusa employs a full time; management team that manages the operation of the campground, including the evacuation of the campground in the event of a Visitor Evacuation Order. The management office will monitor all Atlantic Hurricanes to evaluate the potential threat to the Calusa Campground. Upon issuance of a Visitor Evacuation Order by Monroe County, the management team will take the following actions: L Immediately a notice of the Visitor Evacuation Order will be placed on the gate at the entrance to the Campground Property that a Visitor Evacuation has been ordered by Monroe County. 2. No new guests will be admitted to the campground property. 3. No persons will be admitted to the campground property for any purpose other than to secure any loose items that may become projectiles, or to gather vehicles and/or other persons to evacuate Monroe County. 4. The management team will start a phone bank to notify all occupants that a Visitor .Evacuation Order has been issued and all occupants must evacuate Monroe County immediately. 5. The management team will contact Guys Towing Service to arrange to tow all RVs that have not been removed from the campground property six (6) 11ours after the Visitor Evacuation Order is issued to the designated RV storage area on the site plan. 6. Four (4) hours after the Visitor Evacuation Order is issued, the management team will direct the security personnel to patrol the campground property to demand all remaining occupants immediately leave the campground property. 7. Six (6) hours after the Visitor Evacuation Order is issued, the management team will coordinate with the towing service to tow all RVs that have not been removed from the campground property to the designated RV storage area on the site plan. S. The management team will secure the RV storage area and verify all occupants have evacuated the campground property. -)o 0 (D m 0 3 73 c 0 on n 0 a 0 c' im n c n CD n n � O O =3 cD c� (D cn, cD V CD � ( C 0 0 O -• (-D=� n (D 0 C: —�'O �fwM �< -mn • 3 _ � CD 03 cD m Q) N� c� O CD cD 503mDm 3 MMI • cn n O r-r � C — cD o � �c cD O� _. 3� CD r-f- r-r CD 0 m a 0 9 V W Ul x cn 0 CD 1-" N -1 (D MID CD 0r) � 3 3 � CD � n Q 3 o 0 3 � O C N � Q � DMn WO MEMEMIN MEMEMMEN Ell wj 1:1 n 0 C: n 0 3 mMo m m m 0 0 C 7v (D 0 on 0 (D (1) V) --j (D 0 < =3 0 romtm CL (D (D (D 0 .0 0 (D t--t- 0 =3 0 00 Ep =3 orim cn ET 0 cr 3 c). 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