06/17/2009 Agreement
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. AttorneyB Office J~A
I fYf
,~(/~II$ DE,',VELOPMENT AGREEMENT (Agreement) is entered, into on the ~day
of, t.-" 2009, by and between ~'10NROE COUNTY, a political subdivision of the
State of Florida (ivfonroc County), and CALUSA CAI\II}GI~OUND CONDOl\-lINIUl\l
ASSOCIATION, INC.(thc Association).
1748040 06/2~/2009 3:19PM
Doc" . Off' . al Records of
F i1 ed & RecoNrTdyed lDnANNY 1 L.1 KOLHAGE
MONROE COU .
IlEVEI.lOPiVIEN'r AGREE1\I.ENT
The parties hereby agree as follows:
\VITN ESSETfI:
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I. RECITALS:
A. The Association operates the land condominium known as Calusa Campground
Condo:ll1inium ("Calllsall) located in Key Largo, Monroe C\>llnty, Florida, at mile tnarker ] 01 of
US Highway I fronting Oil 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 Calusn.
c. Calusa is a gated R V park with a full time staff 111anaged by the Association
(ltAssodation Staff") responsible thr evacuation.
D. Calusa consists of three hundred sixty~scven (367) Condolninium 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
stl1lcturc~s including 485 linear feet of comtnon area docking area and 72 docks assigned to
specific units, marina building, boat ralnp, boat trailer parking, tennis courts, basketball courts,
recreation building, pool and bath houses, open space, wastewater treatment facility,
maintenance building, conllnon area meeting building, and administrative offices (hereinafter
collectively referred to as the "Accessory Facilities ").
fl. The ivlonroe County 2010 Comprehensive Plan designates all the parcels of the
Property as '.Mixed Use/Commercial" on its Future Land Use w1ap.
G. wtonroe County has duly adopted Ordinance No. 00 I -2008, attached hereto as Exhibit
C, which penllits seasonal residential units in the Recreational Vehicle Zoning District in
accordance with an approved development agreement.
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H. Exhibit D contains an agreed upon comprehensive listing including (I) any alleged
code enforcement violations in Call1sa pending as of the date of this Agreement; and (2) the
after-thc-fact pennits required to resolve the code cnforcement violations (" After-the-fact
Pennits").
I. A list of the alleged code vjolations which are Life, Safety, or Fire relatcd, is attached
hereto. as Exhibit E (the "Satety violations").
J. Section 163.3220, Florida Statutes, authorizes Monroe County to cnter into agreements
with landowners and/or govelnnlcntal agencies to encourage a stronger commitment to
comprehensivc 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 intcnded to and shall constitute a development
agreenlent alnong the palties pursuant to the Florida Local Government Development Agreelnent
Act, Section 163.3223, et seq., Florida Statutes.
L.Both Monroe County and The Association recognize that thc public noticing and
hearing procedures shall tbJlow the requirements of F.S.163.3225~ which require public hearings
beforethe Planning Comnlission and the Board of County COlnmissioners for consideration of a
Development Agreement.
M. Monroc County finds that entering into this Agrcclnent fUlihers the purposcs, goals,
objectives, and policies of the Mon.roe County Year 2010 Comprehensive Plan (the
"C01nprehensive Plan"), which contains objectives and policies that seek to reduce the frequency
of uses inconsistent with the Land Dcveloprl1cnt Regulations and the Future Land Use Map
(Objective 101.8).
11. PURPOSE S
The purposcs of this Agreement arc as f()lJows:
A. To a&1fce on a program of remedial actions and condominium improvelnents to
achieve compliance for all three hundred sixty-seven (367) Condonlinium Units
with the requirements of the Monroe County Code and the R V zoning district, as
amended by Ordinance 001 -2008.
B. To allow Calusa to rctain, pursuant to the tClms of this Agreement, the legally
existing, non-confonning, c()nfonning~ or accessory stnJCtures, established or in
existence on the property on the date of the exceution of this Agrcclnent, except
as othcnvisc set f()Jih in Section (II)(C).
C. To require applications for afler-the-fact pennits to resolve the Code Enforcement
and Safety Violations set fOl1h in Exhibits D and E.
D. To allow for the continued existence of the Accessory Facilities as contonning
accessory llses.
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III. AGREEIVIENT REQlJIREl\lENTS
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 f()rth and agree to
the following:
A.LegaJ Dcscription and Owncrship. The legal description tor the Property subject
to this Agreement is set forth in Exhibit A. This PropcI1y is subject to
condominimTI 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-to If a judicial determination is made
that Ca)usa may not utiJize ealusa Street tOl' access to lJS-}, this Agreement will
be subject to amendment to ensure Calusu maintains access to US-I. Access is
required to be by Call1sa St.-eel. Harbor Drive is to be used tor emergency vehicle
access only.
B. Duration of Agreement. This Agreement shall remain in ctlect for tcn (10)
years frOln the the effective datc 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 developmentshalJ comply with and be controlled by this
Agrecment) the Monroe County Code, and the Comprehensive Plan governing the
development of the land in effect on the date of execution of this Abl'fcCtnent, in
accordance with Section] 63.3220, Florida Statutes.
c. Permitted Uses.
1. In accordance with this Agreemenf and with the Recreational Vehicle
Zoning district, as amended by Ordinance 001-2008, the permitted uses
forCalusa include:
a. Recreational vchicles, as defined in Monroe County Code Section
9.5-4(R-6)~
b. Accessory buildings and structures tor each site including, but not
linlHcd (0, screen rooms, sheds, carp0l1s, und other structures as
pcrmitted by Monroe County"
c. Accessory Facilities as shown on Exhibit A
d. Attached or detached se,lsonal 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 lawthlly established
Condominium Units.
3. "T'otal acreage of the site is 28.34 acres.
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D. Public Facilities. There arc no impacts on public facilities, since the number of
lawfully existing units is not increased by approval and application of this
Agreement. Howevcr, nothing in this Agreement shall be constnled to prohibit an
increase in the number of units through future development approvals.
I. The l;'lorida Keys Aqueduct Authority provides domestic potable water to
the Property. The watcr is metered by one meter for Calusa, and
individual sub-meters which are for internal use only. After cotnpletion of
the wastewater projcct, cHch unit will be individuaJly metered by the
Florida Keys Aqueduct Authority.
2. Electric scrvice 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
20 J 0 standards as may he required by law if no community wide system is
available by 20 10.
5. CaJusa shalJ coordinate with the County to install fire hydrants every 500
feet along the roadways f(.lr tlrc 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.
IF. Transitional Recreational Vehicle Units. The Site Plan, attached as Exhibit F,
depicts the CondOlniniutn Units that are designated transitional recreational
vehicle units. AU 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 (he Recreational Vehicle meets all requirements of the Monroe
County Code, including road readiness. All condominium sites which are
designated t'Or transitional recreational vehicle units will he pennitted 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. An structures pcnnitted pursuant to the Recreational Vehicle Zoning
district. us amended by Ordinance 001-2008, or otherwise pennittcd by
Monroe County shall be deemed legal as of the date of this Agreement.
Except lor 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 Agrecment.
2. All other existing structures on the Propc11y as of the date of this
Agreement are deemed legaJJy non-confonning.
3. All pennits required to address the existing code entbrcement violations
are set fmih in Exhibits D und E, and no additional pCllllits shall be
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necessary to address the existing code ent()rcement violations as of the
date of this A&rreement. All structures which are the subject of the After-
the-fuct Permits set f0l1h in Exhibits D and E shall be deemed legal by the
issuance of the permits as set tC)Ith in this Agreement after passing
inspection.
4. Monroe County shall voluntarily dismiss all code cntorcement violations
f()r CaJusa pending in Monroe County as of the date of this Agreement
after the owners are in compliance. Subsequent code enforcement action
fe)r the SaIne violations addressed in Exhibit D and through tllC tenns of
this Agreelnent 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 pennanent structures in accordance
with this Agreement
J . The Development Plan shall insure that the configuration of manufactured
homes meets the separation requirement of NFPA SOIA - Standard for
Fire Safety Criteria for Manufactured Home Installations, Sites and
COlluTIunitics.
2. Building height for all pennanent structures shall be limited to 35 ft. frOln
estahlished grade.
3. Shoreline Setback fbr all pellllanent structures shall be J 0 ft from the
Mean High \\!ater line for all altered and unaltered shorelines on the
Property.
4. The setbacks for all pennanent structures, measured from the Jot Hne to
the drip edge. shaH be as follows:
a. Interior Side Setback - 5 teet
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 shaU 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 J()r the perimeter of the Camp&1found Property shall
not be Jess than 5 teet.
5. Impervious lot coveragc shall he lilnited to 800/0 of the Condominium Unit
lot area.
6. All habitable pcnnancnt structures constructed after the effective date of
this Agreement shall be elevated to the base flood elevation.
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I. Permitting Plan.
1. All after-the-fact applications to address the Safcty violations set forth in
Exhibit E shall be submitted within 90 days of the approval of the minor
conditional use t(lr seasonal residential units.
2. All other applications f()f 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 pennit for a new seasonal
residential unit tiled within 180 days of the approval of the minor
conditional use ft)f seasonal residcntial units, which includes the corrective
action required for the after-the-fact permits listed in Exhibit D, shall
satisfy t.his section. If demolition or removal ofnon-confOlming structures
is rcqllircd for a building permit for a seasonal residential unit mentioned
above. the demolition permit shaH be applied for at the same time, and
shall be completed within 180 days of issuance.
3. All Pemlits required for roads, fire suppression, stonn water, landscaping,
utility relocations, and other community facilities or improvements shaH
be applied for by 'rhe Association or its individual unit owners, pursuant
to this Agreement.
4. In regard to the submittal of penuit 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 Countyts Building Dcpartlncnt may be extended in accordance
with the Florida Building Code, in order to allow Monroe County staff
suf1icient 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 luceting the compliance schedule.
5. Park wtodcls
a. Owners of Park Models designated as transitional recreational
vehicle units on the attachcd site plan Exhibit F shall be required
within the tcnn of this Agreement to either
(i) install the park model as a permanent structure in
accordance with local, state, and federal law, and mcet all
requirements of the l\ttonroe County Code and Building
Code, and Section H of this Development Agreement; or
(ii) construct a pClmancnt structure in accordance with the
terms of this Agreement.
b. During the term of this Agrcenlent, all park models designated as
transitional recreational vehide units shaH either
(i) be tied do\vn in accordance \vith Monroe County Code and
Building Code provisions tor such structures within 90
days of the approval of the minor conditional use for
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seasonal residential units, until such tin1c 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.
c. A Park Model will not be considered a pClmanent 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 Developtnent
A grecm cnt.
d. A Park fVlodel 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 Cmnp!:,rrollnd Property will be required to
evacuate in accordance with a Visitor Evacuation Order issued by
Monroe County.
c. No person shall occupy the Campground Prope11y for more than
180 consecutive days.
d. The foHowing win' be required to be removed from the
Campground Property lor 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 isslled by Monroe County:
(i) RVs
(ii) Park rvlodels which are not tied down in accordance with
local and state law, and in accordance with the terms ofthi5
Agreement.
e. 'rhe following structures will not be required to be removed from
the Campground Property every 180 days, nor shall the structures
be required to he 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 IVlodels designated as transitional recreational vehicle
units which arc tied down in accordance \\lith local, state,
and federal law. the j\'1011roe County Code and Building
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Code, during the tClnl 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 pennit to construct the pcmlancnt stlllcture within
tcn (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 l\tlonroe County Code, or as
otherwise provided in this Agreement.
8. If the seasonal transient units are not constructed within tcn years, the
condominium units shall rcmain as R V sites.
9. Calusa Campground wiB tund 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 urc trimmed, at which time the dock area may be used
in compliance with the Monroe County Code. Calusa shall trim the
man!:,lfoves every six months. If the mangroves arc not trimmed, there
shall be no dockage.
11. Calusa shall fund a constant patrol by a unifonned Sherifts deputy on the
premises on all Federal holiday \vcekends.
J. Vesting nnd Compliance Policies. The following are the policies and standards
fbr the vesting of certain iInprovemcnts and compliance actions that govenl the
speci"fic compliance actions required and which shall be followed in implementing
the tennsand conditions of this agreement:
1. The rvlnnroc County Land Developfuent Rebrulations in effect on the
effective date of this Agreemetlt shall apply to Calusa, except as otherwise
provided. tbrin this Agreement
2. Lot owners delinquent on payTIlent of the Monroe County license tax
pursuant to Section 320.08 Florida Statutes, shaH be required to pay in full any
outstanding balance and delinquent fecs 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 pcnnit application.
K. EV~lcuation. ealusa shan be construed as a community of transient units for
purposes of evacuation orders, and shall be required to evacuate in accordance
~vjlh the directives issued lor transient units. The Association Staff of Calusa
shall ensure strict compliance with all evacuation orders issued by Morn.oe
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County. The Evacuation Plan, attached as Exhibit G, shaH 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 tCllllination of this Agreement.
L. Impact and After the Fact Building Permit Fees. Application fbr permits in
accordance \vlth this Agreement shall not be construed to require additional
impact tees. However, all pemlit fees shall be due for after-the-fact permits as set
forth in Exhibits D and E.
1\1. Finding of Consistency. By entering into this Agreement, Monroe County finds
that the development pennitted or proposed herein is consistent with and furthers
~1()nroe County's Comprehensive Plan and Land Development Regulations.
N. Breach, Amendment, Enforccnlent, and Tenllination. This Agreement shall
be adopted by the Association as an amendment to the Declaration of
Condominimll for Calusa before the public hearing before the Monroe County
Board of County Commissioners. Exclusive of any others except those ilnposed
by law, the f()lJowing additional conditions, terms, restrictions, or other
requirements are also detennincd by the parties to be necessary for the execution
and cnforeelnent of this Agreement:
1, Material Breach. A JllateriaI 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
tenns of this Agreement after Notice as provided in Subsection 2.
2. Notice. Upon either party's material breach of the tenns and conditions of
this Agreement, the other party shall serve written notice on and shall
provide the OPPol1unity, within ninety (90) days, to propose a method of
fulfiIJing the Agreement's terms and conditions or curing the breach. Both
pat1ies shall be provided an additional 90 days to cure the material breach
or to negotiate an amendment to this AgrecInent within a reasonable time,
as mutually agreed to by the Pm1ies.
J; Code Enforcement. If an individual unit fails to obtain the After-the-fact
Pcnnits 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 nlilure by an individual unit
to obtain After-the-fact Pem1ltS as set f0l1h in Exhibits 0 and E shall not
constitute a breach of this Agreement. but shall only entitle the County to
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pursue code enfi>rccmcnt action against the individual unit for the
violations set forth in Exhibits 0 and E~.
4. Amcnchncnt or Tel1nination. The parties hereto shall at all thnes adhere to
the tel111S 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 fOlih 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 Shltutes, are met.
(b) No modifications, extensions, mncndmcnts, or alterations of the
tenus or conditions contained herein sha)) be effective unless
contained in a written document approved and executed by
Monroe County and The Association.
(c) Amendment or termination shaH require at least two (2) public
hearings. The hearings shall be held pursuant to an application
filed with ~/l()nroe County by the party seeking to amend or
tenllinatc this Agreemcnt, along with the requisite filing fee.
Notice of public hcaring shull 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 for a minor deviation at the thue of the
application for minor deviation.
(ii) If tcn (10) or more unit owners apply to change their
individual unit designations. an anlcndment to the minor
conditional use wiJl 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. Enforcclncnt.
(a) After notice and an Oppol1unity to respond and/or cure the material
breach as provided herein, the pm1iesmay enforce the terms of this
Agreement in a court of competent jurisdiction, or any other
remedy at hnv or in cquity. In addition, Monroe County may
utilize appropriate code enforcement remedies to cure any breach
af1cr notice and an opportunity to cure as provided herein. This
docs not waive the right of Monroe County to pursue individual
code violation cases
(b) ivlonroc County, The Association, their successors or assigns, or
any aggrieved or any adversely aHectcd person as defined in
Section ) 63.3215(2), Florida St,ltutes, may file an action for
injunctive relicf in the Circuit Court of Ivlonroc County to enforce
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the tenl1S of this Agreement or to challenge compliance with the
provisions of Sections J 63.3243. 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 tenns of this Agreement.
O. State and Federnl Law. If State or Federal laws enacted atter the effective date
of this Agreement preclude any party's compliance with the tenns of this
Agreement, this Agreement shall be modified as is necessary to comply with the
relevant State or FederaJJaws; however, this Agreement shall not be constnled to
\vaive or supersede any contention under law that The Association andlor its
individual unit owners has acquired vested rights under prior law.
P. Conlpliance with Othcr Lan's. The failure of this Agreement to address a
particular permit, condition, tem1, 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, tenns or restrictions.
Q. Rescl"vation of Ri~bts. This Agreenlcnt shall not affect any rights which may
have accITlcd to any party to this Agreement under applicable law. Each of the
County and The Association reserves any and all sllch rights. All approvals
referenced in this Agreement are subordinate to conlpliance with all applicable
la\vs, codes, and land devclopment regulations and permits, exccpt to the extent
otherwise provided felr in this Agreetnent.
R. No Permit. This Agreement is not and shall not be construed as a Development
Pennit, Development Approval or authorization (0 commence developtnent, 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 teons 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 fbi th 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 fllrthcr documents as may be reasonably necessary to effectuate
the provisions of this Agreement; provided that the foregoing shall in no way be
declllcd 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. \Vherever 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.
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T. Successors and Assigns. This Agreement shall constitute a covenant running
with the land, which shall be binding upon the pmiies hereto, their successors in
interest, heirs, assigns. and personal reprcscntati vcs.
U. Joint Prepa.-ation. This Agreement has been draned with the participation of the
County and Applicant and their counsel, and shaJl not be construed against any
party on account of draflslnanship. The captions of each article, section and
subsection contained in this A!:,1fcel11ent arc for ease of reference only and shall
not aflect the interpretational meaning of this Agreement. Whenever the tenn
"included" is used in this Agreement. it shall lnean that the included items, or
terms arc incI uded without limitation as to any other items or tenns which may
fall within the listed category.
V. Notices. All notices, demands; requests, or replies provided for or pennitted by
this Agreement shall be in writing and may be delivered by anyone of the
following lnethods: (n) 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 beJow~ or (c) by deposit with an overnight express
delivery service -with proof of receipt. Notice shan be deemed effective upon
receipt. For pUll'oSCS of notice, demand! request, or replies:
The address of Monroe Counly shall be:
County Administrator
1100 Simonton Street
Room 2-205
Key \Vest, Florida 33040
wi lh a copy to
Assistant County Attorney
PO BOX 1026
Key West, Ft 33041
or
1111 12 th Street Suite 408
Key \Vesl, Florida 33040
The address of Calusa Campground Condominium Association, Inc. shall
be:
l\t1anucl Lopez. President
CaJusa Campground Condominium Association, Inc.
325 Calusa Street
Key Largo, Florida 33037
with a copy to
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Santiago D. Echemendia, Esq.
Tew Cardenas. LLP
1441 Brickell Avenue
Four Seasons Tower. 15th Floor
Miami, Florida 33131-3407
It is the responsibility of the pmties to notify all parties of change in name or
address for proper notice.
\-v. Force lVlnjeure. 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 connnotion, tire or other casualty and other causes
beyond the reasonable control of the party obligated to perfonn, excluding the
financial inability of such party to pcrfonn and excluding delays resulting from
appeals or rehearing, shaJl 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 thisfbrcemajeure provision, the party invoking the same shall provide the
other party with a written notice that shall consist of a recitation of aH events that
constitute three majeure events under this Section, together with the beginning
and ending dates of such events.
x. Construction.
I. This Agreement shall be constnlcd in accordance and with the laws of the
State of Flodda. 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 C011strued against anyone of the
parties hereto.
2. In construing this Agreement, the use of any gender shall include every
other and an genders. and captions and section and paragraph headings
shall be disregarded.
3. All of the exhibits attached to this AgreClnent are incorporated in, and
made a part of: this AgreemenL
Y. Olnissions. The parties hereto recognize and agree that the failure of this
Agreement to address a particular permit, condition, tenns, or restriction shall not
relieve either pat1y of the necessity of complying with the law govenling said
pennitting requirements, conditions. term, or restriction notwithstanding any such
Olnission.
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 shaH be construed and interpreted under the laws of
the State of Florida. This Agreement is not subject to arbitration.
IJ
DocI 1748040
SkI 2419 Pel 1262
AA. Litigation. In the event of any litigation between the parties under this
Agreement for a breach hereot~ the prevailing p811y shall be entitled to attonley'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
hereo t:
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 fbrth herein. This Agreement may
not be changed, altered or Inoditicdexcept 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 alnendment of development agreements in the Act.
DD. Countcrpa..ts. This Agreel11cnt 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 ab1feement.
EE. Recording, tv1onroe County shall record this Agreement with the Clerk of the
Circuit Court of Monroe County within fOllrteen (t 4) days following signature by
all parties. The Association agrees that it shaJl be responsible for all recording
fees and other related fees and costs reluted to the recording and delivery of this
Agreement as described in this section. "rhe provisionshet'cof shaH reInain in fun
force and effect duringthe tcnn hereof and shall be binding upon all successors in
interest to the pa11ies to this Agreement. Whenever an extension of any deadline
is permitted or provided for under the tenns of this AgreelTIent. at the request of
either party, the other parties shaH join in a short-fonn recordable memorandum
conl1nning such extension that shall be recorded in the Public Records of Monroe
County.
)~F. Conflicting Resolutions. AU resolutions or parts thereof in contlict with the
provisions of this Agrcem<"'11t and its resolution are hereby repealed to the extent
of such conflict.
GG. Severabilif)', 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 dectl1ed omitted to the extent so contrary, prohibited, or invalid;
however, the rcnlainder 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 Hnd recorded Agreement is received by the Florida Department of
Community Antlirs pursuant to Chapler 380. Fla. Statutes.
SIGNATURE PAGE TO FOLLO\V
14
Doc. 1748040
Sk. 2419 Pg. 1263
IN \VITNESS ''''HEREOF, the parties hereto have set their hands and seals on the day
and ye~ar below written.
CALUSA CAl\'IPGROUND
CONDOl\UNrUl\I ASSOCIATION, INC.
By: <.-/}~:f-
Manuel Lopez
Tille: preSid7
Dated: (p ;),0/ () 9
\ A The foregoing invtJpmcnt\v')S a,k~~wlcdged before me on . of
~ 2009, by _LUCJ(J1l.e_b.~f2~- Helshe is rsomilly kllownto me
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ATTEST: DANNY KOLHAGE, CLERK
1\'IONROE COUNTY BOARD O.F
COUNTY COl\1l\1ISSIONERS
Jlai.JJ e ~rJ.rr0t:v'
DEPUTY CLERK & - / 7- () 9
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;"/ t\1A YOR GEORGE NEUGENT "
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Exhibit A- As Built survey and Legal Description
Docl 1148040 1264
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PARCEL A
PARCEL B
PARCEL C
Docll 1748040
Bkll 2419 PgII 1267
LEGAL DESCRIPTION
Lots 2, 3, und 4, .in Section 28, Township 61 South, Range 39 East,
MODEL LAND COMP ANY'S PLAT, according to the Plat thereof, as
recorded in Plat Book 1, at Page 68, of the PubUc Records of Monroe
COWlty, Flotida. .
AND
Lots IS through 21, inclusive, Block 3, SUNSET WATBRWAYS,
according to the Plat thereof, as recorded in Plat Book 4, at Page 31, of
the Public Recorda of Monroe County, Florida.
AND
On the Island of Key Largo and being all that part of Lot 1, of section 28
Township 61 South, Range 39 Bast, lying North of a 20 foot road l.U1d
lying North of the former light of wuy of the Florida East Coast Railway
according to a survey made by P.O. Jenkins, C,B, and according to the Plat
theroof, as recorded in Plat Book 1 at Page 68 of the Public Re\X)rds of
Monroe Countyl Florida.
EXlliBff "A II v LEGAL DESCRIPTION
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Exhibit B- Settlement Agreement
Docll 1748040
SkI 2419 PglI 1268
17
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Docll 1748040
Bkll 2419 PglI 1269
~JkTTLEMEl1T ~~GI{EE~E~1
This SotUement Agreement C'AgreenWTlt") is entered into thia __ day of March, 20"07 J
by and between Monroe County, Florid<<, ,n poUtlcal subdiviBio~ of the StQte. of F~o~dn,
hereinJ\.ftor (UCounty"), nnd the Ea.ger Fnmily Limited Pflrtnershlp, LP, 11 Ftonda Llmltcd
Pnrtnerahip, hereinafter (UBuger").
WlTNESSETH:
A. WHEREAS, on or about February 6, 2006, Eager ttppealed tho. dccil110n of the
County'H Planning Director ood the County's Planning Staff dotonnining that the Cl;t~usa
Campground Condominium Association Prop.my ('.Calusll Propertyn) needed to be platted~ ~nd
B. WHERBAS. the cunQnt Land Use Designlltlon for the CWUSI Property ~a "RV";
and
C. WHERBAS, on (If nbQUl Fob-rnm:y 6, 2006, Buger nppenled the deoision of the
County-s l'lanning Department which alleged that certatn Recretlllunul Vohiole Site
Condominium Units eUnltsU) whhln the Ca\uBl\ Property arc subject to the rCButatioOl$ in the
Monroe County Code ("Code") whioh requiro that specitlc buffer areas be provided; and
O. WHBRBAS, on or Qbout February 6, 2006, Eager appealed the alleged vlolations
e'ViotaUOnEl'') of the Monroe County Code hnm~ by the County to !lovoral owners of Units
within the Caluall Property; and
E. WHEREAS, the above appea\lI filed by Eager are currently pending before the
CouotY.8 Planning Commission; "nd
F. WHBREA.8, County and Bager mutually do~lre to effeot a rcsolution for any and
an land use, and code enforcement mnttcrs regarding the CBlusp Property, including, but not
limited to, tho uppeal of the County's platting dotenninatiori, the appeal of the COllnty'a buffer
area violatil)u nUegations and the appeal of the p\1fPortcd violntions isaued by the County
conooming I,x.jstin~ building and Code Vlolou<>ns at tho Calu$~ Property; and
O. WHERBAS. there ls a dispute about the platting requiremeut for this RV Park, its
sites tlnd the bu fter yard/AptiCe requlrOOlents;
NOW, THEREFORE, in conaideration Qf the mutual covenants, promises and
representations contained herein and tor othelt good uod vftluuble consideralion, the receipt and
auffiuienoy of which ore hereby acknowledgod, County and Euger hereby agree as follows:
\. ~~rr AL~, The f'oroBoing recitals are true and correct and nre incorporatcd
hereiln by r~ence UR if set out in full in the body of this instrument.
2. \t.ATl'rNO. The reoorded Sit!' Plan of the Calusa Property dated MftY 4, 2001
and recorded in Offiohl1 Records Dook 2031, Pages 1921~28 of tho County's Public Records is
hereby tlpproved und acknowledged as the Cu\Utll\ Property Slto Plan C'Plan") for all PUrpOS08
going forword.. 'The Counl)' hereby acknowledges and covenants lhat il win not roquest or
- - - -............ .--.--'.- -- ...-.- -. - ".---
_._ _ _ ._ _. _ ~_ ... __ __ ... _ 4. _. -. -. - -.. . -
. .. '. _._00 _'.' Docll 1748040
Bkll 2419 PgII 1270
otherwise rnquire that Eager, the OWOOfS of Unlts withln the CE\luBn Properly, or the duly lorrncd
aasoola-lion represonting the owners. plat Of roptat the Calusa l'ropcrty so long as the cutuaa
Property, or tlny porthm lhereof, ia used according to its current land use design aUOl) , .The
County further ~cknowtedge8 and agrees thnt tbe buftbr yard/area requit'ements in the Monroe
County Code are stltisfied and met for aU purposefl nlr the current use.
2. Rf!CQGNlZ'fl'O y-NITS, The County hereby acknowledgoa and tlgrecs the
CQlusa PrOl)crty contv.lns Three Hundred Sixty~Sevon (367) Condominium Uoits, all of which
8TC shown on the Plan and all of which may b~ used for any purpose ponnitted und6l' the Code in
effect as ofU1~ date of this Agreement, which Code may be modified from time to timo.
3. B~~fBRING ~^TTBRS.
ft, It ia \lnderstood and "greed that Eoger does llot ugree or admit in
arty way that bllffer yards or areas ure required tor the subjeot
Units or other areQS in 01' nbout th., condominium, ita Units and
common arCl\S, 'This agreement is entered into by Bagel' solely as a
settlement for c(lnvenience to relSolve t\U of tht:! issues relating to
the condominium between Bager and Monroe County,
-,
~
b.
Eager agrees to ~lon6tc Nine lmd Thirty..Two Hundredths (9.32.=t)
acres of unimproved proporty (UBuffer Property") for conservation
putpo8es~ descrn,ed mor~ particularly on Exhibit "A" attachod
hereto and incoq>orp.ted horeln by roference, which is located east
of tho Cl11usa Pr~perty and whioh hitS a land use designation of
Suburban Residtmtial (SR) on tho County' 8 hmd use map. In
ex;chaoge for Bu,ger's donation of tho Buffer Property to thCJ
County in fee lilmple tit16, the County agrees to immediately
dismiss, t\bandoll and forover terminate any und an enforoement
efforts and proc~edings regarding the required buffer ureWl for
Units 11 +- t 26 "no Unit~ 481-490 at the Culustl Property as shown
on the Plan. and :further agrees in recognition of the tact that the
Buffer Property will be held in perpotuity without devolopment
thftt Units 114..1~6 and Units 48\..490 shall not be required to have
a buffer y~rd. Tbe County further aoknowledges and agrees that
Eager'.s deeding of the Buffer Property to the County is hereby
con9idered comp~ete mitigl\tiun, total satisfaction and flmd
resolution of the pending buffer yard enforc6tnent matters and an
issueB relating to the Plan and the devolopment of the Cftlusu
Property as Ii condominium 90 long as the Calutta Property, or any
portion thereof, ill used nccor<.ltng to its current land \.lse
deaignaUon,
The County furdler covenantfi tl1at the Buffer Property will never
be cloared or improved because, us cuosiderutton for entering into.
this A~eemel1tt all Trltnsferuble Dovelopment Rights ("'rORsYJ)
c.
1'1110 2 of 6
P:\ WOl'ri\C1row.b M l\11I1GCl1IlOnl\Eullec CIII~II'R"vl:;lun~f r!OuorAn'CI:IUllnt034.11\ .1l15ffiG\11N ^ \...dllo
-------
-.....---.--- - -.--...
- - - - - -- - -- - - - .- -
Docl 1748040 1271
Bkll 2419 Pgl
currently oxlsth13 on the Buffer Property will be providt:d to Euuer4
The County tlgr~es t.o maintain tne Buffer Properly in its ntltuyal
atllte or as a public pnrk, in p.,rpetuity, nnd ~lso ugreo9 to na!'l~ ,~he
Property "ftor GEORGE W. EAGER.. SR., should U Tl'pf"'scotatlV'-'
of the Bager Farnily so request. The Warranty Deed from Eag~r
shall contDin an "'Kpl'eSS Deed Restriction providing thut the Buffer
Property oannot be cll.'a~red and that no residential or commercial
buildings can b6 constructed upon it. The Deed Restriotion shall
be enforceable at taw or In equity by Bagcr, Bagel" s astdgns,
designees Qr successot's-in..interost. County must be satisfied thftt
m~rketable title is provided to County by Bager. Tbc transfer shall.
occur within 45 days niter the ditto "bove.
4. IUNSFBRAIJ.kij DnVBLOpMfi~T RtGJ-lTS,. Tht) County recognizes Foul'
nnd SixtywS'lx Hundredths (4.66) TDRs on tl1e Butler Property. Upon flnal approval of this
Agreement, as prOVided herein, County will issue all appropriat~ dooumentl\tion Emd ta~e ~\l
aotion necossary to immediately provido ~ngQr with I1cc~a to the TDRs. Bilger In its sole and
absolute di81~retjon mny retain, tranafer. sen, or dispose of tho TDRs 116 Eager chooses, ",nd the
County hereby covenants nnd agrees not to obJ~ct to or fail to consent (if consent iN r.~uired
under the Code) to Eager's use of the TDRs. UliO of the TORs shall be gov6rnoo by the
ftpplicl1ble Itlw effective on the date of the use1 thatoelng the date of final development approval
by County.
S. !lUILQlNO PBl\MITS, The County agrcos to issue Building Permits
e'Pem\ltfl")for utilities and in order to'romedy life-sufely nnd health issues prior to settlement of
all Code Bn'fotccmcnt uctlond at CQlufiQ Campground. If thero al'e no violation~ on Units 1..20,
Units 114..126, and Units 481-490, any otherwise legal pCl1Tlitting shull be allowed, an n unit by
unit basts.
6, Y-IOL~ TIQ1'fS. Upon exeoution of this Agroemont, the County agt'OQfl to dismiss,
canl:el, void lmd close out aU existing (if any) VlO1l1UOtl~ issued agAinst the owners or record for
Unita 1-20, Uuits 114-1Z6 and Units 481..490 with rospcct to plt\ttlng, tot size, and/or buffer
yprds, Further, tho County agrees that, upon execution of this Agreement, the above Violations
wi1l be deemed paid, remedied and completely satiafied now and forever so long as the Calusa
Propc~rty, or' any portion thereof, is usr"d according to {h ourrent ltmd us~ designation.
Notwithstanding Rny contrary provisions contl1ined herein, this Agreement will flot preoh.lde th~
County ftom exorcising its enforcement poWt..-rs to proacc\lte o~hcr current or future code
viulations of owners of Units in the Calusa Prnptjrty unrelated to thIs Agreement.
7. TRANSFE~BLE RoaD RXEfMP..J.J.QMft,
....-~'. A. The County recognizes Ole edstence of Twenvj-Right (28)
~\. Transferable ROGa Exemptions (TRE~) be!onging to Eager, for
~ which the County will issue ull appropriate documentation and
take I1.l1appl'opdate action to prQvide to Bngerupon tinnJ approvut
of thiN Agreement as provided heretn, The TREs may b{~ used by
PlAn" J ur6 P:\ WoriJ\Ol't> wth M Ilnn8IlAlCnI\UIlIJc:r CqluftA\Rev IslollUI' fJnu",.Allnlcm"nI03 -14.0'J.mIlF IN A.kltae
___________ - a_._------.........-- - ---..--.--...- ---------
Doc~ 1748040
Bk~ 2419 Pg~ 1272
Eager, its traosfere~sl heirR I1nd assigns as determined by the.
regulatlooR in effe(~t at the timQ of trans for ex.cept as othlH"Wlse
provided for her.ein. . . t.
b. The 28 TREs al1e transient and currently may bo used for transfer
of ROGO exemption! aUocation to Affordable HQusing USOl\ 9.5-
120.4(b)b and also can be transferred to hotel and/or motal uses.
c. The TREs lTlllY bl' u8ed notwithstandini IUld during any
moratorium or other restriction on the transfer of recreational
vchicles sites'lIuah us that imposed by MOllfoe County Sect\on 9.S..
120.5 and 9.5..1 :.7.0.6,
d. The TRBs meet tho criteria for redevalopment off site, to any
planning UfOa in Monroe County, The receiver ~ite must me6t the
criterlu in the Monroe County Code for
dcvelopment/TDdovelopmcnt except for that requiring' a ROGa
score equal to 01' brrenter than the scoro of tho sender site.
e. TRBs may not be used on Tier 1 property if the Tier system is
implemented as designuted by Monroe County nt the time of the
tran s fer.
r. In the ovent the 'fRBs are governed by tesa rt'lstriotive provisions
tor usas in the ftlture, the more liberal shall apply. In no event Hl'udl
the uses be diminished by futuro ohanges in applicable ordinnnces
or hmd use re81'.lations.
8. GLOBAL SET1'L~M~NT. This AgrCt;m16nt is ~ntered into relative to and in
consideration of tho Qbove-referenccd t\pp~a'~ brought by Enger und is intended to resolvQ aU
issues addrusfJed in those appeals with prejudico, and is further intended to resolve pnd fmttle
of41y the platting nnd buffer yard mattors addr086ed herein between the parties, ~d the referanced
Unit owners, as to tho CalUftB Property. It is the intent of the County and Eager that "11
Violations with respeot to platting, lot size, find/or buffer yards, bo cancelled, satisfied, ond
elosed out l1a to Sager, the development of the condominium and the ubovc"rcfcrt.'noed UnitH Q~
of the date of this Agreement,
9. APP~OVAL BY ~O~RQ....QtCQU1ffY COMMISSIONBRS, Notwithstllndlng
any contrary provision above, tho County.s floceptllnoo of this Agreoment is B\.lbject to the
approval ot' the MOIU'oe County Board of Ccmnty Commissioners e~BOCC"). Shoutd, fot' any
reason. the 130CC faU to approve the terms of till:! Agreement, it 8h/.\1I be of no force (ll' offcot. If
the Agreem~nt is approvod by the DGce, it sha11 be futty binding on the parties as of tho ubovc
dat~,
10. ATTORN~Y~S F~E~, Each Plitt)' will b~ responsible for ilti own attomeY'8 f~es
incurred a8..1~lrt oHhls Agreement.
II. ~1BR!.'IJ.BT A Tl Pr-l. The singular Bl1alll nelude the plUTa 1, the plural the siugu lat
Md use of any gender ShRll include all gq:nd~f8, The headings contai ned herein are for:"'
convenience nnd roference only, und in 110 way detlne or limit the scope und content of this
Agreement ()ri~ {my way affeot Its provisions.
.l..
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P:\ W:>f(j\Orowtn MpllllB ~m"'lt\fiQler Clllu~Il\RI:vlsIQnof 1!IlSorAjf'O\lillllnIO).I 4-071ms PI NA L,do~
--~----.__._-_.__._.~--_.-..._.--- -- ---------,...--.-.--.-.....
Docll 1748040
SkI 2419 PgII 1273
\ 2. SEVERABILTT-X." If any provision of this Agreement is judgt'd to be
unentblVeallle, such provislon shall be ineffeotivo to the extent of such unenforueability without
lnvaltdatlng the remRining llroviaiotls hereof. If nny provision of this Agreement is cap,able of
two (2) COnElu'Uctiol18, one (1) of which would rend6f the provision void and th~ otber 1.1f whioh
would rendclr the provision vAUd, It is the intent of tlto parties that suoh provision have the
meQlling which renders it valid.
13. R,BCpRDATION,. A fully exocuted copy ofthitJ Agreement signed by "11 parties
hereto, fthall be recorded in tho Public ROCOT41s of Monroe County, Florida at Bilger's expense
which shall be recorded 90 QS to be found in tho chllin ot'titlc.
t 4. ~~J;NDtttBNT 'l'E~MINA T~p~. 'This Agreemont may llot be ,amended,
modified or tenninated exoept by writton instnlment signed by the pauties hereto and recorded in
the Publio Records of Monroe County, Florida, .
IN WITNESS WHEREOF, the pnrties. app<!:nr and have set their hands and seftls on the
date first abclve written,
WITNESSES;
(l)_---~
eAGER FAMtLY LIMITEP PARTNERSHIP, LP,
a Florida Limited PlU1nership
'Print ~
Print "i'i;
By: _
GEORGE W. BAGER, JR., 11$ Pre~ident of
Eagor Investments, Inc.t n Florida corporation
Ooncr~1 Pqrtner of Eager Furnily Llmitc,d
Partnership, L.P.
(2)
ST ATE OF FLORIDA
)
)88:
)
COUNTY OF MONROE
The forogoing instrument Wt\8 aclOlowledged b~t'ore mo this day of
--,2007, by George W. Eager in his capaoity AS Pr~ident of Bager In.vestments, the
O~mend p.ftrtncr ot' the Eager Family Limited Pflrtnel'ship, LP, a Florida Limited Partnership, who
is ~\llthon~cd to bind thl: PQrtnership, He is pet'sanally known to me or ( ) "produced
llll identi flcnthm.
(NOTARY~)
Notary Public, State of Florida
Print Numc~
Commisslol1 No.:
My Commission E~pir~s:
PD30 S 0((,
1':' W Olu\Orowlh M ImUGC1IICIl'\~W\.'f Cllltl8l\'R~v lslDoof BIIUurAllflli,l1l1f;11tO)~ J 4.07wrnuffN AL,doo
- -~-.... -.--.-.---..-........--- -..---..-.,.--. --.---.--.- .-..-. -.--- --""---"--.
Approved by:
GUS-CROWELL, BSQ, -~
Attorney for Bager Ftunily Limited PRrtnership, L,P,
a Florida Limited Partnership
A TrEST:
DANNY L. KOLHAOB, CLERK
Deputy Clerk
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Doc' 1148040 1214
8'd' 2419 Pg'
MONROE COUNTY, FLORIDA
Mayor M~rio DiGennaro
MON"CI COUNTY ATtORNEV
~~R.M:
M. 'MSI,.E~
AIIl.TANT COUNTY ATTORNEY
. D.,. J.. If1/' -tJ 7
Plll&ll ~ Qf6
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Docl 1748040
Bkl 2419 PsI 1275
ElIhlbftt A
to
SettleDlep' Agr.,ement ..
b~tweeft
Monroe Connty aud tbe Eller FUlJUlly Limited Partnership
Letal Uenmilltlon
On tbe IIlalld or Ke1 Largo and being all t'hat part ofl..ot 1, 8eetloD 28, Towll.bip 61 South,
RaDle 39 I}a." Iytnl Norih or. 20 foot fORd and Iylna Nol1h 0' tho 'ormer right or way or
tbe Florid.. East Cual. Railway aeeordla. to .. 'u",., made by PD JePkhl', C.E.. arid
leeordJa. tv tbe Plat thereof, 8. recorded hi "at Book 1, at PII' 61, or the Public Reeorda
or Monroe County, Florida.
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MlADOCIi 18!J1~''1 J
12/1 5106
Exhibit C- Seasonal Residential Unit Ordinance
NUMBER 001-2008
Docll 1748040
Skll 2419 PIli 1276
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DCA Final Order No.: DCA08-0R-t09
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRSr-:: ....\:1. .~ . :_. :. _ ._._
f ( 1 I 15 ~ (s 11 W rn r:) I
MONROE COUNTY LAND II :J,; r-" ------,.-./'/111
DEVELOPMENT REGULATIONS : !J 1.1 I APR 1 6 2008 /' ~ ) ;
ADOPTED BY MONROE COUNTY , . I ,. r
ORDlNANCENO.001-2oo8 '. '-''''---'--''-' I'
/ G~OWTY rI^NAG[i.~ENT DIVISION
'" ..._---...._~.......................,...~-.......-_..
In re:
FINAL ORDER
The Department of Community Affairs (the "DepartmentU) hereby issues its Final Order)
pursuant to ~~ 380.05(6), Fla. Stat.) and ~ 380.0552(9), Fla. Stal. (2007), approving a land
development regulation adopted by a local government within the Florida Keys Area of Critical
State Concern asset forth below.
FINDINO~ OF 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 Al'ea.
2. On February 13, 2008 the Department received for review Monroe County
Ordinance No. 001-2008 C'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 (R V) spaces into
pennanent structures for seasonal use by the owner subject to the conditions identified in a
Devel'opment Agreement entered into with Monroe County, and subject to compliance with the
Monroe County Comprehensive Plan and Land Development Regulations.
CONCLUSIONS OF tAW
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).
l
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Docll 1748040
Bkll 2419 PgII 1278
DCA Final Order No.: DCA08.0R-I09
5. Monroe County is a local govenunent within the Florida Keys Area of Critical
State Concern. ~ 380.0552, Fla. Stat, (2007) and Rule 28-29.002 (superseding Chapter 27F-8),
Fla. Admin. Code.
6. "Land development reguJationsn include local zoning, subdivision, building, and
other regulations controlling the development of land. fi 380.031(8), Fla. Slat. (2007). The
regulations adopted by Ord. 00 1 ~2008 are land development regulations.
7. AU land development regulations enacted, amended, or rescinded within an area
of c:ritical state concern must be consistent with the Principles for Guiding Development (the
"Principles") as set forth in ~ 380.0552(7), Fla. Stat. See RatJtkamp v, Department of
Community Affairs, 21 F.A.L,R. 1902 (Dec. 4, 1998), aff'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. OOl~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 Plan and Land Development Regulations, and is consistent with the
following Principles:
(a) To strengthen local govenunent 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 fonnations) seagrass beds, wetlands, fish
and wildlife, and their habitat.
(d) To ensure themaxirnum well..being of the Florida Keys and its
citizens through sound economic development.
(0) To limit ~he adverse impacts of developmont 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
2
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Docll 1748040
Bkll 2419 Pel 1279
DCA Finnl Order No.: DCA08-0R-t 09
Florida resource.
9. Ord. 001-2008 is consistent with the Principles for Guiding Development of the
Florida Keys Al'ea of Critical State Concern as a whole.
WHEREFORE, IT IS ORDERED that Ordinance No, 001-2008 is found to be consistent
with the Prinoiples for Guiding Development of the Florida Keys Area of Critical State Concern,
and is hereby APPROVED.
This Order becomes effective 2 I days after publication in the Florida Administrative
W<;:ekly unless a petition is flIed as described below.
DONE AND ORDERED in TaJlahassee, FloJida.
~~.A A A ~ ~W1L~8"
CHARLES GAUTHIER, AICP-'
'Director, Division of Community Planning
Department of-Community Affairs
2555 Shumard Oak Boulevard
TaIJahassee, Florida 3239~.;21 00
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY TIDS
ORDER HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING
PURSUANT TO SECTION 120,569, FLORIDA STATUTES, REGARDING THE AGENCY'S
ACTION. DEPENDING uPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF
MATERIAL FACT IN YOUR PETITION REQUESTING AN ADMINISTRATIVE
PROCEHDING, YOU ARE ENTITLED TO EITHER AN INFORMAL PROCEEDING OR A
FORMAL HEARING.
IF YOUR PETITION FOR HEARiNG DOllS NOT ALLEGE ANY DISPUTED ISSUE
OF MATERIAL f'ACT CONTAINED IN THE DEPARTMENT'S ACTION, THEN THE
ADMINISTRATIVE PROCEEDING WILL BE AN INFORMAL ONE, CONDUCTED
3
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8'd' 24\9
DCA Final Order No.: DCA08-0R..I09
PURSUANT rOSECTIONS 120.569 AND 120.57(2) FLORIDA STATUTES, AND
CHAPTER 28-1 06, PARTS I AND III, FLORIDA ADMINISTRA TrvE CODE. IN AN
INFORMAL ADMINISTRAT1VE PROCEEDING, YOU MAYBE REPRESENTED BY
COUNSEL OR BY A QUALIFIED REPRESENTATIVE, AND YOU MA Y 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 .
STA TEMBNT CHALLENGING THE GROUNDS UPON WHICH THE DEPARTMENT HAS
CHOSEN TO mSTIFY 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
DNISION 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 QUALIFffin REPRESENTATIVE, AND
YOU WILL HA VB THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON
ALL THE ISSUES INVOLVED, TO CONDUCT CROSS..BXAMINATION 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
C01vfMUNITY AFFAIRS A WRITTEN PLEADING ENTITLED, "PETITION FOR
ADMINISTRATIVE PROCEEDINGS" WITHIN 21 CALENDAR DAYS OF PUBLICATION
OF TIiIS NOTICE. A PETITION IS PILED WHEN IT IS RECEIVED BY THE AGENCY
CLERK, IN THB DEPARTMENT'S OFFICE OF GENERAL COUNSEL, 2555 SHUMARD
OAK BOULEVARD, TALLAHASSEE, FLORIDA 32399M2100.
THE PETITION MUST MEET THE FILING REQUIREMENTS IN RULE 28-
106.104(2), FLORIDA ADMlNISTRATNE CODE. IF AN lNFORMAL PROCEEDING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMIITED IN ACCORDANCE WITH
RULE 28-106.301, FLORIDA ADMlNISTRA TIVE CODE. IF A FORMAL HEARING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMIITED 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 HEARlNG.
YOU WAIVE THE RIGHT TO AN INFORMAL ADMINISTRATIVE
PROCEEDING OR A FORMAL lIEARING IF YOU DO NOT FILE A PETITION WITH
THE AGENCY CLERK WITHIN 21 DAYS OF PUBLICATION OF TlIIS FINAL
ORDJt~R.
4
Docll 1748040
Bkll 2419 PIli 1281
DCA Final Order No.: DCA08~OR-l 09
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 tnle anmrrect copies have been furnished
to the persons listed below by the method indicated this L;i!.. 'tray of April, 2008,
/J1~~
1k.U.S. Mail:
Honorable Charles "Sonny" McCoy
Mayor of Monroe County
Florida Keys Marathon Airport
9400 Overseas Highway, Suite 210
Key West, Florida 33050
DatUlY L. Kolhage
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
Andrew Tlivette
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 Genel'al Counsel, DCA Tallahassee
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COIINTY COMMISSION ORDINANCE NO. .oOl-2P08
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 UNIT(S..2.1), INCLUDING IN TlIE
DEFINITION OF TRANSIENT RESIDENTIAL UNIT (T -4) SEASONAL
RESIDENTIAL UNIT AND ADDING A DEFINITION OF TRANSITIONAL
RECREATIONAL VEHI(;LE 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
9.5...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 CO~IFICATION;
SEVERABILITY AND REPEAL OF INCONSISTENT PROVISIONS;
PROVIDING FOR FORWARDING OF Tm~ ORDINANCE TO TIlE
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 of658 RV spaces and 197 acres;
WHEREAS, Monroe. County recognizes. the need for additional flexibility
within tb~ RV land lJse district to accommodate traditional seasonal residents; .
WHEREAS, Historically the R V land use district has provided this flexibility;
WHEREAS~ Monroe County recognizes the need for flexibility within the
transient use category to provid~ a seasonal occupancy;
WHEREAS7 RV space owners desire the ability to construct new or convert
existing build.ings into permanent strUCtures for personal seaSonal use; and
WHEREAS, Monroe County wishes to preserve this seasonal type of use in
tbe RV land use district; and
WHEREAS, The Development Review COfllnlittee convened on July 24th and
Aug~t 6th, 2007 to review the proposed text amendment and duly considered
conunents and reconunendations made by staff and the public; and
WHEREAS, On September ] 2, 2007 the Planning Commission heard the
proposed text amendment in Marathon and continued it for a second hearing 011
September 26t 2007 in Key Largo, and in due conSideration of public testitnony and
the recommendations made by staff at both hearings, the text aInendments were
reconunended for adoption with minor revisions for clarification plU'}Joses only; and
W:\GROWTH MANAOEMENT\BOCOOMD Agenda Items\20080J 16\Seasonal Units 2nd Public Hearing\ORDINANCE
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Ski 2419 Pgl 1283
WHEREAS,. On November 14, 2007 at their regularly schedule9 meeting in
Key Largo the Board of County Commissioners heard the proPQsed text amendment at
a 5:00 PM Public Hearing;
NOW, THEREFOREt BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
COUNTY COMl\.fiSSIONERS, THAT:
Section 1. Section 9.5-4 is hereby amended as follows:.
. Sec. 9.5-4 Definitions
'If****
(8-2.1 ) Seasonal residential unit is a transient residential unit with one (1) or more
rooms, toilet facilities, and kitchen physically arranged to create a hpu$ekeeping
establishment for occupancy by one (1) family, with tenanoies, ~ot to eXQ~ed 180
consecutive days. .
****1Ic
(T ..4) Transient residentIal unit means a d.w~l1ing unit used for transient housing such
as hotel or .motel room, seasonal residential wUt, or space for parking a recreational
vehicle or travel trailer.
(T-4.1) Tran$itlona/ recreational vehicle unit is "8. recreational vehicle unit identified
for conversion from a recreational vehicle to a seasoI:1al residential unit within an
approved deveiopment agreement with M<:>llfoe County e'stablishing a phased
transition from a traditional recreational vebicJe park to a seasonal residential use.
Section 2. Section 9.5-21518 hereby amended as follows:
See. 9.5-215 Purpose of the Re~reational V chicle District (RV)
Th~ pUrpose of the R V districts is to establish areas suitable for the development of
destination resorts for recreational vehicles DJld other transient units such as seasonal
residential units.
Section 3. Section 9.5 - 244 is hereby amend~d as follows:
Sec. 9.S-~44 Recreational Vehicle Distriet (RV).
(a) The following uses are pennitted as of right in the Recreational Vehicle District:
(1) Recreational vehicle spaces, RV spaces are intended for use by traveling
recreational vehicles. R V spaces may be leased, rented 01' occupied by a
specific, individual recreational vehicle, for a tenn of less than twenty~eight
(28) days, but placement of a specific, individual recreational vehicle
W:\OROWTH MANAGEMENT\BOCC\GMD Agenda ltems\20080116\Seasonal Url!lS 2nd Public Heariog\ORDINANCE
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(regardless of vehicle type or size) within a particular RV park for occupancies
or tenancies of six (6) months or more is prohibited. Recreational vehicles may
b~ 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 are~ 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
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(3) Accessory u~eSt including pennanent owner/ employee residential dwelling
units. No more than o~e (1) pennan~nt 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.S..434.5( c) "Collocations on existing supporting
structure. "
(5) Satellite earth station$ less than two (2) meters in diameter, as accessory
usest pursuant to article VlIt divi~ion 16, section 9.S434.5(f) "Satellite earth
sfations. "
(b) The following use is permitted as a minor conditional use in the recreational
Vehiclc District, subject to the standards and procedures set forth in article ill,
division 1:
(1) Hotels provIding less than fifty rooms, provided that:
o. The use is compatible with established land uses in the inunediate
vicinity; and
b. One or more of the following amenities are available to guests;
i. Swimming pool;
ii. Maripa; and
iii. Tennis court.
(2) Attached or detached seasonal residential units, provided that:
8. All units within the RV land use district shall be subject to the terms
and conditions of a Development Agreement as defined in 9.S-101,
9.5-102 and further defined below.
b. The Wlits meet all land development l'egulations, floodplain
management regulations, building code, and life safety requirements
for the development of transient structures;
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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 detailirtg at a minimum:
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i. All proposed transitional recreational vehicle units;
ii. A proposed site plan;
Hi. 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 oonunitment fOf'the park to adhere to transient
evacuation regulations;
v. A phasing plan~ as appropriate, detailing timelines for project
completion;
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vi. Access to US 1 is by way of:
i. an e7Cistihg curb cut;
ii. a signalized intersection; or
Hi. a curb cut that is separated from any other curb cut on
the same side of US 1 by at least four hundred (400)
feet.
(3) Parks and community parks;
(4) Replacement of an existing antenna-supporting StruCture pursuant to article
VTI, divlsioJ1 16, section 9.5434.5(b) "Replacement of an existing antenna...
supporting structure;'~
(5) Attached wireless communications facllitiest as accessory uses, pursuant to
m.:ncle
VII, division 16, section 9.S-434.5(d) "Attached wireless communications
facilities;"
(6) Stealth wireless communications faciIities~ as accessory uses, pursuant to
article vn~ division 16, section 9.5..434.5(e) "Stealth wireless conniumications
facilities;~' and
(7) Satellite earth stations ~eater than or equal to two (2) meters in diameter,
as accessory uses, pursuant to article VII, division 16, section 9.5..434.5(1)
"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 US 1 is by way of:
i. an existing curb cut;
ii. a signalized intersection;
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iii. a curb cut that .is separated from any other-curb cut on the
same side of US 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 saJe of goods and services is limited to fuel, food, boating, diving
and sport fishing products;
c. Vessels dockect 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, PF, subject to provJsions of section 9.5..257.
(5.) Wastewater treatment facility and wastewater treatment collection
systems(s) serving (a) use(s) located in any land use. district provided that:
8. The wastewater treatment facflity and wastewater treatment collection
system(s) is (are) in compliance with. all federal, state, and localxequirements;
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 SUlTounding community and
minimize the impact of any outdoor storage, temporary or permanent; and
c. In addition to any district boundary buffers set forth in article VII,
division 101 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)
linetlt' feet of screening structure; and
ti. The required trees shall be evenly distributed throughout the
planting bed; and
Hi. The planting bed shan be installed as set forth in article VIII
division 10 and maintained in perpetuity; and
iv. A solid fence may be required upon determination by the
planning director.
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Section 4. Severability.. The provisions of this Ordinance are declared to be severable and if
any section1 ~entence, 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 shan stand notwit~standing the invalidity of,
any part.
Section 5. Repeal of Conflicting Provisions. The provisions of the Monroe COWlty Code
and all Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are
hereby repeal-ed.
Section 6. Inel1;lsion in the Code. The provisions of this ordinance shall be included and
incorporated in the Code of Ordinances of MOQroe County, Florida as an addition or
~ 'amendment thereto, and shall be appropriately numbered to conform to the unifonn number
~ systell) of-the Code.
.
eg..
Z A. Section 7. Approval by the State Department of Community Aftairs. The provisions of
~ CD this Ordin,tUlCe constitute .a "land development regulation" as State raw defines that term.
~ ;; Accordingly, the Monroe County Clerk is authorized to fOlWard a copy of this Ordinance to
· N the State Department of' Comnnmlty Affail1l .tol' IIJ'lpl'Oval pursuant to SectiOllS 380.05(6) and
& ~ (11), F.lorid~.Statutes and to the Secretary of Stato for the State of Florida, as required:
SectiOD 8, Effective Da'te. This Ordinance shall be effective immediately upon approval by
the State Department of Community Affairs pursuant to Chapter 380, Florida Statutes.
REMAINDER OF P AQE LEFT INTENTIONALLY BLANK
W:\GROWTH MANAGEMENT\BOCC\GMD Agenda Itoms\20080 I 16\Seasonal Units 2nd Publfc H~flIing\ORDINANCB
PC SEASONAL RESIDENTIAL UNITS 09 2707 with changes by PC without strikethroughs or underlines 0 I 0208. doc
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Page 6 of7
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Docl 1748040 1288
Bkl 2419 Pgl
PASSED AND ADOPTED by the Board of County Conunissioners of Monroe County,
Florida at a regular meeting of said Board on the 16th day of Jan. ,2008.
Mayor Charles ~'Sonny" McCoy
Mayor Pro Tern Dixie M. Spehar
Commissioner Mario DiGennaro
Commissioner Oe~rge Neugent
CommIssioner Sylvia Murphy
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ATI'EST~ :,~<<nn~L' olhage. CLERK
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Deputy Clerk
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Yes
BOARD. OF
COMMISSIONERS OF
::~'F~DA
COUNTY
MONROE
Mayo~ Charles 4'Sonny" McCoy
I MONROECOUNTVAlTOAN!Y
APPRoveD A' TO F,OAII
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PC SEASONAL RESrDENTJAL UNITS 09 2707 with changes by PC without strikethroughs or underlines 0 I 0208,doc
Reviewer
PlIge 70f7
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Doc' 1748040
Sk. 2419 Pg' 1289
Docll 1748040
Bkll 2419 PgII 1290
CASE # UNIT OWNER ITEM REQUIRING CORRECTION
CE04090201 34 Lopez NO PERMITS FOR SHED, SCREEN ENCLOSURE.
04303640, FOR SCREEN ENCLOSURE, NEVER ISSUED
tE061 1027 35 Estevez NO PERMITS FOR SHED, SCREEN ENCLOSURE.
CE061l027o! 37 Castrillon SHED AND SHADE STRUCTURE
CE0612003 38 Orasi WOOD DECK
NO PERMITS FOR SHED AND SHADE STRUCTURE
CE0612003l 39 Garcia WOOD DECK
NO PERMIT FOR SHED AND SHADE STRUCTURE
:E06120041 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
CE0612005 44 Valentin SHED NEVER ISSUED.
CE060 1 020 45 Mor~jon SLAB.
CE06 I 2006' 46 Hernandez SLAB
No permit 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.
CE0612006o! 49 Gonzalez TIED DOWN ON JACKS, NOT ROAD READY.
CE06120061 50 Barrett SLAB
NOT ROAD READY. UNIT ON BLOCKS.
SE0612006' 51 Montenegrc SLAB & SHED
:E0612006c 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.
CE0612008j 54 Chirole UNIT NOT ROAD READY.
NO PERMIT FOR SHED
CE061200S' 55 Chirole SLAB
NO PERMITS FOR LIGHTS.
NOT ROAD READY, UNIT HAS SKIRTING.
tE0612008~ 56 Ol1ega 03300726 SLAB-OPEN.
Exhibit D
Docll 1748040
Bkl 2419 PgII 1291
8E0612008( 57 Martinez 0830 1512-SLAB-OPEN.
NOT ROAD READY, UNIT HAS SKIRTING.
8E04120041 58 Hernandez 04303164-SLAB-OPEN. NOT ROAD READY, SKIRTING
SCREEN NEVER ISSUED
8E0612009' 59 Rodriguez SLAB. NOT ROAD READY, UNIT HAS SKIRTfING
CE0612009 60 Diaz SHED
CE06120091 61 Barrios SHED
tE0612009' 62 Nicolas SLAB & SHED
CE0612009 63 Rafuls NO PERMIT FOR SLAB.
8E0601020, 65 Torres SLAB & SHED
8E06120 1 O( 66 Torres 03305736-SLAB-OPEN.
NOT ROAD READY, UNIT HAS SKIRTING.
t;E06120 1 O( 67 Abreu NOT ROAD READY, UNIT HAS SKIRTING.
03305736-SLAB-OPEN.
NO PERMIT OPEN ROOF.
t;E070 1009 68 Lopez
tE04090066 SHED, SLAB & DECK
CE07010094 71 Pratt SLAB AND SHED
SKIRTING, FENCE
Not road ready
8E0701009' 72 Hunsberger No permits for shed & shade structure
CE070 1 009( 75 Fernandez SLAB
Not Road Ready
NO PERMITS SHED
t;E04050 15( 76 Oliva SLAB
t;E03070 151
CE04050161
CE070 1 009 77 erdani COil TIE DOWN, WOOD DECK. & SLAB
Not Road Rcady
8E03070141 79 Hernandcz NO PERMITS ON RECORD FOR SLAB
Have shed.
CE04050 15 80 Garcia SLAB
CE0701010c 81 Orta No permits for fence and shed.
CE0405015 82 Gomez 04302965 ACCESSORY USES EXCEEDS PRINCIPLE
NO PERMITS FOR WOOD DECK & CANOPY
Have shed.
CE070 10 11 84 Perez No permit for fence.
CE070 10 11 ' 85 Jimenez NOT ROAD READY
Exhibit D
Docll 1748040
Bkll 2419 PglI 1292
SHED
t;E070 10 11 86 Cayon No final on pennit # 04300680.
CE0701011 87 Martinez NO PERMIT FOR SHED.
~E07010111 89 Chirole Not road ready. No final on pennit # 02302110.
CE070 1 0 12' 90 De Arce No pennit for shed.
CE0701012l 91 Llama No pennit for shade structure, pavers & wood deck.
CE0701013' 92 Lima DECK AND SHADE STRUCTURE
NO PERMIT FOR SHED
:E0601020 93 Labrador No finals for aluminum enclosure & slab.
No pennit for shed.
CE0704021 94 Furones No pennit for concrete slab poured 4-24-07
:E0701013. 95 afe Transpo No final on pennit #0230005.
:E0701013l 99 Baker Nopennits for central air conditioner and shade
structure.
124 Not road ready.
CE0601019' 126 Molina No pennit 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
CE0611025' 203 Gonzalez NO PERMITS FOR SHED AND SLAB
:E0611 0251 204 Duran NO PERMITS FOR SHED & OPEN ROOF
205 VACANT
NO PERMITS FOR SHED AND SLAB
CE061 1 023 206 Delgado NOT ROAD READY UNIT HAS SKIRTING
0230334 I-SCREEN ENCLOSURE-VOID
02301417 -SLAB-OPEN
CE0611026 208 Alvarez NO PERMITS FOR SLAB
CE061 1 027 209 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.
05302196-TILES-OPEN.03300677-SLAB-OPEN.
CE0612000 215 Alfonso 05301713-SLAB-OPEN.
CE0612000 216 Nicholls 05302425-patio roof & screenroom-open. 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,WQOD DECK,
SHADE STRUCTURE, BOAT PORT.
CE0612003 220 Baluja NO PERMITS
CE0612003 221 Rubi NO PERMIT FOR SHED, AND STONE SLAB
~E060 1 020 222 Johnson NO PERMITS
CE06120029
t:E0403022~ 223 Moropa No permit for canvas shed
:E0601020 224 Manatee VACANT, NO PERMITS
Landing LLC
225 VACANT
NO PERMITS
CE0612000 226 Sunset Vie~ No final for permits. No permit for concrete slab.
LLC
CE0612002 230 l\torresagast No permits 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
CE061200 1 234 Hutchins
CE060 10221 245 Gomez fence,slab
NOT ROAD READY, UNIT HAS SKIRTING
:E0601021 ( 246 Viciedo No pelmit for aluminum enclosure, shed,fence,slab
NOT ROAD READY, UNIT HAS SKffiTING
CE0601021/ 247 Barrios NOT ROAD READY, NO SHED PERMIT
UNIT HAS SKIRTING.
8E0612001 ' 253 Martinez No pelmit for shed. No final for permit #02302165.
Exhibit D
Docll 1748040
Bkll 2419 PIli 1293
~E0601021j 254 Rebull Not road ready. No final on permit #03304327 for screen
04301040 ISSUED 03302185 FINALED,03304327 ISSUED
t;E061200 1 255 Alvarez
~E0404027 256 Alvarez FENCE
No final on SLAB
:E061200 1 (. 257 Rojas
:E0612001 ' 258 Dorta
:E070 1009: 260 Audrain No permits for shed or fence
~E04050141 301 Gonzalez No permit for shed.
permit 05300489 for pw. Pedestal not issued
CE061200ll 302 Orasi No permits for shed and slab
Ipermit 03301374 for demo wood deck no inspection
Ipermit 053000488 for pw pedestal not inssued
:E061200 I' 303 Jimenez No permits for shed, slab and pavers.
'permit for ATF shed & concrete slab-07303147 no final
permit 05300490 for power pedestal-not issued
t;E0307014' 304 Perez No permits for wooden deck, slab and shed.
CE0612001l 305 Diaz
:E0612001 ( 306 Gonzalez No permits for shed and pavers.
:E0612002( 307 Beato No permits for shed, wooden deck and slab.
Not road ready.
:E0612002 308 Garcia shed
pedestal. No permit for wooden deck.
Not road ready.
CE04050 14' 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.
CE0403002 312 Perez NO PERMIT FOR SHADE CANOPY.
NOT ROAD READY, UNIT HAS SKIRTING.
NO PERMIT FOR SHED.
CE0409021 313 Dunkley 0430335 concreate slab/aluminum roof over
CE04030028 NOT ROAD READY, UNIT HAS SKIRTING.
NO PERMIT FOR SHED.
Exhibit D
Docll 1748040
Bkll 2419 PglI 1294
Docl:l 1748040
Bkl:l 2419 Pgl:I 1295
~E04050 14 314 Milian NO PERMIT FOR SLAB,SHED OPEN ROOF.
CE04030029 NOT ROAD READY.
CE04090216
CE0612012e 315 Leon NOT ROAD READY.
CE0612012 316 Leon NO PERMIT FOR SLAB.
CE0505029' 317 Labrador A TF 05302495-SHED,
NOT ROAD READY
::::E06120 13( 318 Reece NOT ROAD READY, UNIT HAS SKIRTING.
::::E06120141 319 Falcon NOT ROAD READY,
::::E06120151 320 Ramos NO PERMITS FOR SIlEO. NOT ROAD READY.
01-0763C 326 Suarez No permit for wooden dock and shed.
CE0404019' 327 Fernandez NO PERMIT FOR SHED.
329 VACANT NO PERMITS FOR SLAB.
~E0702027 330 Carrero No permits for slab
::::E0612002 331 Hernandez No permit for shed.
#OI304710-patio slab over small slab-no final inspect.
CE0702003 332 Aleio No permits for shed, white picket fence and shade
structure.
::::E0702003. 333 Moreno No permits for shed and shade structure frame.
no permits applied for or issued for shed,shade struct
CE0702003 334 Duran No permits for pavers and shade structure.
no permits applied for
CE060 1 022c 338 Contador NO PERMIT FOR SHED.
CE0702003 ' 339 Marrero No permits for shed and wooden deck.
#02301777-slab has no final inspection
CE0702003i 340 Williams No permits for shed, wooden deck, concrete slab
and shade structures.
CE0702003c 341 Oliveira No permits for shed, wooden deck, concrete slab, FENCE
CE0702004( 342 Perez No pelmits for shed, wooden deck, concrete slab
and shade structure's frame.
CE0702004 343 Guillama No permits for shed and wooden deck.
CE0702019 344 Guerra NO SHED PERMIT
Exhibit D
--
no permits applied for or issued
~E0702004' 345 Rodriguez No permit for wooden deck and concrete slab.
no permits applied for or issued
:E04050 15l 346 Duran No pC::lmit for slab.
Permit #04303018 not issued.
:E0702004~ 347 Gonzalez No permit for slab.
~E0702004 348 Hernandez No permits for deck and screen enclosure.
02-1234C No permit for shed.
CE0702005 349 Herrera No permits for shed.
CE0702005: 350 Ramirez No permits for shed and concrete slab.
CE0702005 351 AI~jo No permits for shed, slab and white picket fence.
02-1235C 352 Ojeda No permits for shed, wooden deck, concrete slab,
CE07020055 and shade structures.
CE07020051 353 Valdes No permits for shed, wooden deck and concrete slab.
:E04050 13 354 erez & Rom No final for permit #0203582.
:E07020061 355 Baltar No permits for shed, wooden deck and concrete slab.
CE0702006 356 Fontela No permit for shed. Not road ready.
357 SHED,SLAB,V ACANT
:::E0702006 358 No permit for mobile on blocks.
:E0702006l 359 Martinez No permit for shed. Not road ready.
CE0702006 360 Enriquez Not road ready.
NO PERMIT FOR SHED, AND DECK.
SE040S01S: 361 Lopez No final for aluminum roof. No permit for slab.
:E0702007( 361B Dispirito No permits for shed & shade structure.
Exhibit D
Docll 1748040
Bkll 2419 PglI 1296
Docl 1748040
Bkl 2419 Pgl 1297
CE07020061 362 Abad No permits for slab,shed and wooden deck.
CE0702006 363 O'Farrell No permit for shed.
CE0702007. 364 Castro No permits for shed and slab. Not road ready.
~E0702007./ 365 Labrador No permits for shed and slab.
~E0702007l 366 Labrador No permits for shed and screened enclosure.
Not road ready. No permit for wooden deck.
CE04050 15' 367 Barrios No permits for wooden deck and SLAB
CE04030035
CE0702008( 368 Marrero No permits for shed and slab.
::;E0702008 369 Portal No permits for shcd and slab.
::;E0702008 370 Ravelo No permits for shed and slab.
~E0702008 371 Hernandez No permits for shed and slab. RV is not road ready.
CE0702008./ 372 Perez No permits for shed, slab, shade structure and
I pavers.
CE0702008 373 Bersani No permits for shed and slab.
CE0702008l 374 Veliz No permits for shed and shade structure fi-arne.
04300244-SLAB-OPEN.
02300435-SLAB-NO INSPECTIONS.
~E0702008' 375 Benitez No permits for shed and slab. .
CE0702008j 376 Beoto NO PERMITS FOR SHED, WOODEN DECK,
CE0702008c 377 Fernandez No permit for shed.
CE060 1022/ 378 Gonzalez No permit for shed and wood deck.
::;E0405014~ 379 Fernandez No permit for slab.
CE03070140 Not road ready. No permit for wooden deck and shed.
CE0702009( 380 Gonzalez No permit for shed. RV on blocks.
Not road ready.
CE07020 12./ 381 Gonzalez No permit for shed and slab. RV on blocks.
Not road ready.
CE07020 12 382 Herrere No permits for shed and wooden deck.
Not road ready.
CE07020 12( 384 Lopez No permits for shed and slab.
CE07020 12' 385 ussi-Macha( No permits for shed and screen enclosure.
Not road ready.
Exhibit D
Docll 1748040
Bkll 2419 PglI 1298
t:E07020 12 386 Menendez No pennits for shed. slab. screen enclosure and
shade structure frame. Not road ready.
CE07020124 387 De La Torre No pennits for shed, slab, screen enclosure and
shade structure frame. Not road ready.
tE07020 13 388 Say Pedro no pelmit for shed, slab and pavers
not road ready.
392 SLAB, NO PERMIT - VACANT LOT.
8E07020 13 393 Nunez No pennits for shed,slab,pavers and shade structure.
Not road ready.
8E07020 13 394 Garcia No pennits for shed,slab,decks and shade structure.
Not road ready.
SE07020 13, 395 Lugo No pelmits for shed, slab and shade structure.
Not road ready.
:E0702013l 396 Maresma No penn its for shed, deck and shade structure.
Not road ready.
CE0403004c 401 Lopez 04303256 PERMIT FOR WOOD DECK NEVER
CE04090217 ISSUED, NO PERMITS FOR SLAB & SHADE
STRUCTURE
Not road ready, have skirting.
CE0700013i 402 Herrera NO PERMITS ON RECORD FOR SLAB, SHED
SE07020 14' 403 Orta NO PERMITS FOR SHED. CONCRETE SLAB
:E0702014 404 Ganda NO PERMITS FOR SLAB
Not road ready, skirting screwed in.
CE06010191 405 Castilla PERMIT #03305092 FOR TILED SLAB - OPEN
NO PERMITS SHADE STRUCTURE OR SHED
Not road ready, have skirting.
CE07020141 406 IJdesias NO PERMIT FOR SLAB
CE07020 15 407 Fernandez NO PERMIT FOR SLAB,
PERMIT #08303225 TREE REMOVAL - OPEN
CE07020 15 408 Garcia NO PERMITS FOR FENCE, DEMO OF SHED.
CE05050311 SLAB. SKIRTING
Pennits APPLIED for but never PICKED UP
#05305754, and #05303431
CE03070 13 409 Guion NO PERMITS ON RECORD FOR SLAB
CE07020 153 There is a shed on site.
Not road ready.
CE07020 15 410 Feliz There is a shed on site.
Exhibit D
CE07020 15 411 Hawkins SLAB. SHED
Not road ready.
CE07020 15 412 Polo PERMIT 03304242 FOR SLAB - OPEN
There is a shed on site.
::E07020 16( 413 Quintero NO PERMITS ON RECORD FOR SLAB
There is a shed on site.
::E07020 16 414 Diaz PERMIT #04300802 FOR SLAB & FENCE - OPEN
::E07020 16: 415 Sanchez
::E0702016 416 Lakkundi Aluminum screen enclosure
t:E07020 16. 417 Pena NO PERMn'S ON RECORD FOR SLAB. SHED
CE07020 16 418 Hernandez NO PERMITS ON RECORD FOR SLAB, SHED
::E0307014 419 Diaz NO A TF PERMIT FOR CONCRETE SLAB.
Have shed.
::E07020 16l 420 Spasiuk 01304536 FOR SLAB - OPEN
NO PERMIT FOR WOOD DECK
Have shed.
':E07020 16 421 Oi Nicola Have shed, slab
Not road ready.
:::E07020161 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
CE0702017. 425 Oquendo NO PERMITS ON RECORD FOR SLAB
426 VACANT
NO PERMITS FOR SLAB, & SHED
o 1-0770C 427 Monissey NO PERMITS ON RECORD FOR SLAB &
t:E07020 1 79 ENCLOSURE, WOOD STORAGE UNIT
ATTACHED TO RIV
Have shed.
Not road ready.
::E07020 17 428 Latour NO PERMITS FOUND FOR WOOD DECK
Havc shed.
::E07020 1 7 429 Reina NO PERMITS ON RECORD FOR SLAB & SHADE
STRUCTURE
Have shed.
Exhibit D
Docll 1748040
Bkll 2419 PIli 1299
Docll 1748040
Bkll 2419 PglI 1300
2E0702017l 430 otic Center 03304099 FOR SLAB & ALUMINUM PATIO - OPEN
Have shed.
2E0702017l 431 Dyer 03301844 FOR SLAB - OPEN
NO PERMIT FOR SCREEN ENCLOSURE
Have shed and canvas tubing.
Not road ready.
~E07020 18 432 Michel NO PERMITS ON RECORD FOR SLAB & SHADE
STRUCTURE, ALUM TUVE/CANV AS & WOOD
DECK
Have shed.
CE07020 18' 433 Rios NO PERMIT FOR SLAB & SHADE STRUCTURE
Have shed. On blocks- not road ready
:E0702018 434 Bello NO PERMITS ON RECORD FOR SLAB
On blocks- not road ready
:E07020 18. 435 Sebastian NO PERMITS ON RECORD FOR SLAB & SHADE
STRUCTURE, CANVAS SHADE ADDED
Have shed.
CE0702018l 436 Bager Famil NO PERMITS ON RECORD FOR SLAB
Have shed.
437 VACANT - NO PERMITS ON RECORD FOR SLAB
:E0702018j 438 Perez NO PERMITS ON RECORD FOR SLAB & SCREEN
ENCLOSURE
Have shed.
Not road ready.
CE07020 19( 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.
CE0409000' 441 Hernandez NO PERMITS ON RECORD FOR SLAB & SHADE
STRUCTURE TURNED INTO SCREEN ROOM
Have shed,
CE04050 15. 442 Rodriguez Have shed.
:E07020193
:E04050 151 443 Corrales NO PERMITS ON RECORD FOR SLAB & SHADE
STRUCTURE
Have shed.
445 VACANT - NO PERMITS ON RECORD
446 VACANT - NO PERMITS ON RECORD
Exhibit D
Docll 1748040
SkI 2419 Pel 1301
~E07020 19l 447 Martinez NO PERMITS ON RECORD FOR SLAB & SHADE
STRUTURE, OR WOOD DECK
Have shed.
Not road ready.
~E07020 191 448 Morejon
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.
~E07020)20 450 Triana NO PERMITS ON RECORD FOR SLAB & SHADE
STRUCTURE
Have shed.
8E0702020. 451 Egued NO PERMITS ON RECORD FOR SLAB, TUBE &
CANVAS
Have shed
8E0702020' 452 Rodriguez NO PERMITS ON RECORD FOR SLAB
Have shed & aluminum poles canvas
CE0702020j 453 Martin NO PERMITS ON "RECORD FOR SLAB, TUBING
& CANVAS
Have shed.
8E0702020 454 Perez NO PERMITS ON RECORD FOR SLAB, ALUMIN.
FRAME & TUBING FOR CANVAS
Have shed.
8E0702020l 455 Delgado 02303648 FOR SLAB -EXPIRED
Have shed.
CE0702020 456 Stalder NO PERMITS ON RECORD FOR SLAB
Have shed, tubing & canvas.
CE07020204 457 Winne NO PERMITS ON RECORD FOR SLAB, CHAIN
LINK FENCE
:E0702021I 458 Lopez NO PERMITS ON RECORD FOR SLAB
459 VACANT - NO PERMITS ON RECORD FOR SLAB
CE0307013( 460 Reyes NO PERMITS FOR SLAB & SHADE STRUCTURE
CE07020211
CE0702021. 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.
8E03070 13 463 Suarez NO PERMITS ON RECORD FOR SLAB
shed
:E0702021 j 464 Rodriguez NO PERMITS ON RECORD FOR SLAB, WOOD
DECK, TUBING & CANVAS
GROUND,
Have shed.
CE0702023 466 Rodriguez NO PERMITS ON RECORD FOR SLAB & SHADE
STRUCTURE
Have shed.
~E0307015 467 Barcelo 01302912 ATF REPAIR OF DECK W/STAIRS &
8E07020216 INSTALLATION OF SKIRTING, RE-PLACING THE
EXISTING DECK & SKIRTING - VOID
Have shed,
Not road ready.
:E060l 0 18 468 Mendez 03302205 FOR ALUM SCREEN ENCLOSURE -
NEVER ISSUED, NO PERMIT FOR SLAB
tE0702021, 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
CE0702022( 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.
t:E0702022 ' 475 Vega Have shed, tubing & canvas shade structure.
~E0702022 476 Hernandez Have shed, tubing & canvas shade structure.
t;E0702022 477 Artayeta 05301486 SCREEN & ROOF - NEVER ISSUED
Have shed.
CE0702022 478 Luis NO PERMITS ON RECORD FOR SLAB &
ENCLOSURE, SHED ADDED
Not road ready.
Exhibit D
Doell 1748040
Bkll 2419 PglI 1302
CE0611025 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.
:E061 1 026 484 Reina No permits for shed and slab. Mobile home on
blocks. Not road ready.
CE0611026: 485 Salzer NO PERMITS FOR SHED,
CE0611026 486 Oliva THERE ARE PERMITS ON FILE
CE061 1 026 487 Palmer NO PERMITS, SHED, SLAB,SHADE STRUCTURE.
CE061 1 026( 488 Perez NO PERMITS FOR SHED
:E0611026 489 Sanchez NO PERMIT FOR SHED
:E0702022( 490 Sanchez 08301004 TREE REMOVAL - OPEN
05302540 A TF SCREEN ENCLOSURE W IS LAB
APPLIED FOR - NOT ISSUED
Have shed
CE0702023( 491 Rodriguez
SHADE STRUCTURE and shed
tE0702025/ 492 Ramirez NO PERMITS ON RECORD FOR SHADE STRUC.,
CONCRETE SLAB
Have shed.
:E0702025' 493 De UITUtia NO PERMITS ON RECORD
:E0702025 494 Gomez shed
CE0702025( 495 Valdes NO PERMITS ON RECORD FOR SHADE STURCT.
Have shed.
CE07020261 496 Meyer NO PERMITS FOUND FOR SCREENED SHADE
STRUCTURE
Have shed
:::E0702026 497 Malagon 05303915 TREE REMOVAL - OPEN
01304332 FOR CONCRETE SLAB ONLY - OPEN
tE0702026 498 Orasi NO PERMITS ON RECORD FOR SHADE STRUCT.
WOOD DECK
Have shed
Not road ready.
:E0702026 499 Pena NO PERMITS ON RECORD FOR SHADE STRUCT.
WOOD DECK
Exhibit D
Docll 1748040
Bkll 2419 PglI 1303
Docll 1748040
Bkll 2419 PglI 1304
DECK ALSO SKIRTED
Not road ready.
CE0601017 501 Iglesias No permit for slab, aluminum enclosure and shed
with airconditioner. Not road ready.
8E0702026o/ 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
:E0601018 504 Del Rio No permit for wooden deck, and shade structure
No permits applied for or issued for anything
505 R/V ON SLAB, WITH SHED
No pelmits for concrete slab, wood deck and shed.
CE0702026l 506 Herrera No petmit 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 completel screen room-no final
CE070 10 18 509 Oliva Not road ready. No final for permit #02313646.
No permit for wooden deck.
No permit for canvas enclosure
8E0701018 510 Fernandez No permit for wood deck
No pelmit for slab
:E0701018( 511 Alfonso No permit for shed and concrete slab.
SHED ADDED
CE0701017( 512 Fernandez No permit for shed.No final on permit #03302257.
Permit 03302558-screen porch on exist.slab-complete
8E0701017/ 513 Sanchoyertc No permit for fence and shed.
~E070101 T 514 Gonzalez No pelmit for shed and slab. Enclosure attached
to RV. Not road ready.
Exhibit D
Docll 1748040
Bkll 2419 PIli 130~
SHADE CANOPY ADDED.
:E0701017. 515 Hernandez No permits for concrete slab, wood deck and shed.
:E0701017 517 Ruiz No permit for shed and fence.
No permit for shade structure
CE0701017 518 Galvez No permit for concrete slab.
No permit for screen enclosure
CE0601018 519 Ramirez No permit for shed.
CE070 10 10 520 Martinez No permit for shed.
CE070 10 I 6 521 Ramirez No permit for shed.
CE070 10 16 522 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.
:E0701015l 526 Perdal NO PERMITS ON RECORD FOR SHADE STRUCT.
& DECK
Have shed.
tE0701015 527 Rios NO PERMITS ON RECORD FOR ENCOSURE,
GLASS BAR/CABINETS
Have shed.
Not road ready.
:E0701015 528 Galvez NO PERMITS ON RECORD FOR A IT ACHED
SHADE STRUCTURE & WOOD DECK
Have shed.
Not road ready.
CE070 1 014( 529 Hernandez NO PERMITS ON RECORD FOR SHADE STRUCT.
WIWOOD DECK
Have shed.
Not road ready.
CE070 10 14 530 Rodriguez NO PERMITS ON RECORD FOR SHADE STRUCT.
WIWOOD DECK
Have shed.
Not road ready.
Exhibit D
E
Docl 1748040
Bkl 2419 Pgl 1306
Exhibit E
CASE' UNIT OWNER VIOLATION REOUlRING CORRECTION
CI'Oh110274 37 (Ulrillon
40 SilVI canUDV
45 More on
~~ Laure IOS301175- . .
SO Birrell ; "OR ~Jf PUR .
'II Monlcncaro NUl'
UZ-I.UIl: U Nunez [ROOF
~ CJ1jmle I KUUI'
'17 Mlrtmez
CIill4I LUU411 'III Ilemandez U4~mjf>'11 I\IPVI'RIIi:Ii:I....n
CI'UhllUOll 59 Rodriliul!z
CI'Uh I MUll' 1111 UJu IN[ ~l!KMn:s "UK AT.
-1;1 - SamOl
62 Nicolu l {;ARPOR .
75 FCl1I--
-- 76 Oliva No DClIlIlllOr alllllllnum roOT
77 Jeraanl
r.FI14n'in I 'ill 80 Gama I No DeI'DlII for a umlDum roof
CtiD7010113 liS ImeDCZ PATin
IZ6 MoU.. 01l11111121'LHr rIlIOMISf"
~ ZOO Lam.
212 Hernandcz
21S A1fbnso -OPEN
223 MoroDl No Del'DllllOr loilet &: olumbiDl!,
CJ:06 JlUO II Z34 Hulchlns JNODenlllllbr ifumlDum roof.
CJ:!lJfJOIOLZ4 245 Gomez No Derulll lOr shed wilh e eclncOll \Valer
and alumlnUBI roof.
CE06010219 246 Viciedo Kilchen
CB06010214 254 Rebull roof Dlllo
L;HOlIlzUOIJ 2SS Alvarez No Denails lOr concrete slab. shlde structure,
wood deck 8nd Iwo sheds.
CF.0404027\ 256 A1varcz No IiDal1 on Dalla roof
CE0612oo14 257 RoilS ReliiaCl1llor on llae Don:h.
CE06 I 2001 5 258 Oort8 Pcnnll 03304410-PalI0 Roof Issued DO linll
CE06120017 303 Jllnc:nez I DCIIlIII 04303692 lOr 00110 roof -nol ilIsued
CE06120018 305 Uiu Dermll for alum roof nolllsued
( E061~OO21 308 Gan:11 Permlll Dot iaued for boallift anll elecmcal
CE040SIT143 309 Sanchez NO Demllll tor 81uMlnuD IIOl'Ch roofand electnc dockside
CE1T40S01~ 311 FCJ1UlIldez No !lennlll for aluMfnun oOR:b lOO(aiid kilchen
CE04030023
~11r124 31S Leon 0330304S.FOUR WALL ROOF-OPEN
CEOScB"0297 317 Labrador ROOF OVER SLAD.OPEN
PLUMBING
CE06120l4O ]J9 Falcon ~PERMrr PATIO ROOF,
CE06120151 320 Ramal 05300612-ELECTIC PEDESTAL-OPEN
OPEN ROOF
CE07lr2027I 330 Carn:ro CAR PORT
~OO39 341 Oliveira CARPORT
CE""04OS0ISS 346 Duru ALUMINUM R[ OF
CE070200S2 350 R_irez Pennll N02302770 for roof nol issued.
rool'ricnnill. now voided
c-E040Slr157 367 Barnos A \VNJNG ALUMINUM ROOF
Doc~ 1748040 1307
Bk~ 2419 Pg~
Exhibit E
CEO..03U035
CE07020085 373 8e1Ull. U43UU611 .PA 10 ROOP -UPBN.
l:E07020088 370 8eoto .AND ALUMINUM ROO....
CEU7020089 377 flemllldez Oz300809. RUOl'- OPI!N.
C1!Il40501"7 379 I'emllldR ALUMINUM ROOF
CE03070140
CE07llllUIJII "Oz Herm-a lAKI'UJl.
I-liu7020 148 "04 Ullllft SINK
CF.070Z0149 406 lalelia ~^",y ~ CIU\l'ORT wrrH MOTION . GHTS
CjjQ702uISI ..08 (l1te.1 CARPORT. ROOF
CE050S031\
CE070201S.. ..10 Fe IZ INO PI!RMITS ON RECOIlD l'uR GAZEBO
Ct:U7020 IS 7 411 HlIWklnl I "tHY ATED WUUU DOCK
l:t:U702U' 59 4U Pola NO F AS KJV
p(] Jl.T
CEOlU20 60 413 Ouintero
l:tlJ7UlII161 "I" Diu. ,IRIII nxt\lre IllKhed 10 CltDort
C6l70lII162 "IS :lancllClz Ulhl n~l1Ire IIId IiIl Idded.
CE07020163 "16 LIkIaIDdI AWNING
:617020 16S ..18 Hemadcz Liahb attached 10 l:II1I011.
l:J>U7u-,0 16 7 ..21 Di Nicoll ~RF.COJl.D. LAltGER CANVAS
I (;AKJ RT " ANOTHER T ADDI:D
CE07020161 422 DI Nicoli C T
CF.030fu 147 4-'4 Cortinl CANVAS CARPOJl.T W I
IWDl0a
CE070201 4 42S Oauendo ~yAS ALUM AS CARPORT ADDED
SilIIc h. raum
CI!07020'12 433 RIM UM CAN SUED
CI:U7020183 ..34 Delio I umlnum c:mtlOl1
COO7020 190 ..39 Slnchez FREE ST !NO AU.IM ROOP - OPIlN
'-VuBD lil 1 U t;XlliTINU R(J{ I'
l:004U9OOO2 ....I Hcmllldez rcfrilmtor under abide s'lIIm....
(007020 99 44. Morcioo Jl.OOI' - tJU'nu:D
02JUSZ33 I'UKTABLE WUUU DI:C,. It: CANUPY
It. ELEe IlUC - OPIlN
::E01020 120 I "SO nllll CIIDorI
CE070202u3 452 RodrilUez Clll1lOI1
CE010202uo 4SS Del.ado NO PERMIT FOR KflUtllN UNUI!R SHADE PATIO
Rell1aen1Dr. nak. mll:rowllVC.
:.' 460 R_ PATIO ROOP - VOID
1 t11 lave siat.
007020213 461 COI" ADIJBD ~MU
rcllilmtor.
CE070;W214 462 Mlr1lnClt ALUM CANVAS A WNlNG ADDED
CE03u70 3S 463 Suarez ~ANV AS l:AJU'UR ADDED
Ilak
CWJUfU I S5 467 O.redo relri.CI1IIor ITcczcr. bar.
COO7020216
CF.07020211 470 Ilello ALUM CANVAS CARPORT
CE06110261 414 Reina Nu PI>KMITIi l'uR CAR POR .
CE06110262 485 Sllzer ALUM RUUJ'. :ANOPY.
l:J>UO II 0266 ..811 Perez usOAT do P Y
l:tIDCl11UZ61 489 Slnchez BOAT PORT PUJl.CH l:ANOPY.
CEU7020229 490 S.nc:bcz rcmlenllor
CF.07020230 491 Rodrilluez 0-'Ju2/1 POR '-^IU'ORT - YUU)
"illDa (IllS
CF.010202S1 494 Gumez 03301141 SCRliI:N I,NCI.OSURE PATlu, m.ECTRlC
NOT I'INALI!D - OPIlN
Docll 1748040
SkI 2419 PglI 1308
Exhibit F- Site Plan
Docll 1748040
Bkll 2419 PgII 1309
19
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Docl 1748040
SkI 2419 PgI 1311
Exhibit G.. Evacuation Plan
CALUSA CA~1PGROUND ASSOCIATION
EVACUATION PLAN
Calusa employs a fuJJ tiInc management temn that manages the operation of the campground,
including the evacuation of the campground in the event of a Visitor Evacuation Order. The
management office wiJJ 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:
1. hnmediately 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 wilJ be admitted to the calnpground prOpel1y fot 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 wiIl 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 R V 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 den1and a11 remainjng
'Occupants immediately leave thec<ltnpground property.
7. Six (6) hours after the Visitor Evacuation Order is issued, the management team will
coordinate with the towing service to tow an RVs that have not been removed from the
campground property to the designated R V storage area on the site plan.
8. The Inanagement team wiJJ secure the RV storage area and verity all occupants have
evacuated the campground property.
MONROE COUNTY
OFFICIAL RECORDS
20