08/12/1998
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DEVELOPMENT AGREEMENT
FOR CORAL COAST SUBDIVISION
Development Agreement by and between LAMAR LOUISE CURRY, as trustee ohhe
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Lamar Louise Curry Revocable Trust and MONROE COUNTY, a political subdivision of the
State of Florida, pursuant to Florida Statutes ~~ 163.3220-163.3243 (1996), and ~~ 9.5-101 and
9.5-102, Monroe County Code (MCC).
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Recitals .
1. Whereas, LAMAR LOUISE CURRY, as trustee (Miss Curry), owns all of C<?ral
Coast Subdivision (except for Lot 14 and 14A), recorded in Plat Book 7, Page 55, as corre~ted
in Plat Book 7, Page 60, of the Public Records of Monroe County, Florida, on the island of fey
Largo; and
2. Whereas, on May 7, 1987, Miss Curry submitted an application for plat approval
for Coral Coast, under the County's plat approval regulations, ~~ 9.5-81,~, MCC (1987).
3. Whereas, on October 19, 1988, the amended application and prelJrnnary plat were
reviewed by the Monroe County Development Review Committee (DRC), which subsequently
recommended the preliminary plat be approved by the Planning Commission; and
4. Whereas, on December 8, 1988, the Monroe County Planning Commissioh
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reviewed Miss Curry's application and preliminary plat at a public hearing and granted
preliminary plat approval by Resolution 3-88, dated January 27, 1989; and
5. Whereas, on July 6, 1989, at a public hearing, the Planning Commission
recommended final plat approval to the Board of County Commissioners, as embodied in Pllmning
Commission Resolution 5-89; and
6. Whereas, on August 9, 1989, the Board of County Commissioners (BOCC), by
Resolution 410-1989, granted final plat approval for Coral Coast; and
7. Whereas, pursuant to certain conditions imposed by Monroe County, as a condition
of plat approval, Miss Curry was required to, and did, restrict the use of all of the lots in Ithe
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subdivision to single-family homes and accessory uses; and as a further condition of plat approval,
agreed to preserve and maintain 80% of the Coral Coast subdivision in its native state;
8. Whereas, as a condition of plat approval, Miss Curry was required to construct anp
install the road and utility lines at Coral Coast within t~o years of final plat approval; and
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9. Whereas, to obtain. a building permit to clear the property and to install the road
and utility lines (infrastructure), Miss Curry was required to, and did, submit an application for
a minor conditional use permit together with a tree transplantation plan; and
10. Whereas, on December 19, 1989, after reviewing Miss Curry's application and
plans, the Director of Planning issued Minor Conditional Use Order 30-89, to clear the property
and install the improvements; and
11. Whereas, on February 8, 1990, the County issued a building permit for hind
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clearing and to install the road and utility lines; and
12. Whereas, on March 30, 1990, pursuant to ~ 380.07(2), Fla. Stat. (1989), the
Department of Community Affairs (DCA) appealed Coral Coast's February 8, 1990, clearing and
infrastructure building permit to the Florida Land and Water Adjudicatory Commission; and:
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13. Whereas, on April 20, 1990, Miss Curry and DCA entered into a settlement
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agreement with DCA for the issuance of the clearing permit with a condition that Miss Cuirry
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purchase 1179 hardwood hammock trees, and donate said trees, along with 115 Gumbo LJbo
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trees, to the State of Florida for transplantation on State-owned lands remote from Coral Coast at
a cost to Miss Curry of $12,000; and
14. Whereas, Miss Curry has spent in excess of $375,000 to const.ct the required
infrastructure, and to pay professional fees for engineers, surveyors, attorneys, and biologists to
comply with the County's platting requirements; and
15. Whereas, on September 7, 1993, Miss Curry's request for an exemption from the,
Rate of Growth Ordinance (ROGO) provided for in ~ 9.5-121(E)(3) was denied by the BOCC; ~~
16. Whereas, on August 15, 1995, pursuant to an Agreed Order in Curry v. Monroe
County, Case No. 93-20-062, the HOCC granted on exemption from ROGO by Resolution No.
297-1995; and
17.
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Whereas, on December 22, 1995, Monroe County issued 15 building permits
for single family homes that became effective February 10, 1996, when the DCA appeal
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period expired; and
18. Whereas, Miss Curry paid Monroe County building permit fees and impact fees in
excess of $44, 112.44; and also agreed to a transplantation program to clear the Lots at a cost of
$46,024; and
19. Whereas, Miss Curry submitted applications to the Department of Environmeq.tal
Protection (D EP) for consent of use for a single family dock on each Lot which were denied Ion
September 30, 1996; and
20. Whereas, Miss Curry appealed the denial, and on February 17, 1997, the DEP
agreed to authorize a dock at each lot at such time as the Lots are sold; and
21. Whereas, changes to the land development regulations and the 2010 Comprehensive
Plan, including RaGa, enacted after Coral Coast's plat was approved, made the sale of vacant
lots in Coral Coast extremely difficult; and
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22. Whereas, there was no impediment to selling vacant lots in 1988, when Miss Curry
began the process of platting her property; and
23. Whereas, on September 17, 1997, by Resolution No. 329-1997, the HOCC granted
Miss Curry's application for vested rights. Resolution No. 329-1997 states: "Pursuant, to
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Comprehensive Plan Policy 101.18.4, the existing building permits for Lots 1-13 & Lot 15,
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shall remain valid for a term of five years. Certificates of Occupancy for single family hOltu~s
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on Lots 1-13 & 15 must be applied for and issued within five years from the date of ~he
Resolution, tolling any periods for appeals" and also states that "nothing herein shall precl~de
approval of a Development Agreement exempting Applicant in whole or in part from
consistency or concurrency provisions of the Monroe County Year 2010 /Icomprehensive
Plan;" and I '
24. Whereas, it is a hardship for Miss Curry to construct 14 single family homes at the
same time; and
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25. Whereas, the health, safety, and welfare of the public would be served bya
development agreement that extends the, build-out date contained in the vested rights ord1r
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from five (5) years to ten (10) years to allow and promote an orderly, stable, and delayed
build-out of the homes in Coral Coast in exchange for an additional park fee for public parks
on any certificates of occupancy issued in years 6 through 10; and
26. Whereas, the single family homes permitted and/or proposed for Coral Co~st are
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consistent with, and further the existing Monroe County 2010 Comprehensive Land Use Plan and
all applicable land development regulations, including the Development Agreement ordinance of
Monroe County.
NOW THEREFORE, the parties agree as follows:
27. The above recitations and representations are true and correct and are incorpor~ted
herein by this reference.
28. The property that is subject to this Agreement is Lots 1, 2, 3,4, 5, 6, 7, 8, 9, 9A,
10, lOA, 11, llA, 12, 12A, 13, 13A, 15, & 15A, Coral Coast Subdivision, according to the
Corrected Plat thereof recorded in Plat Book 7, page 60, of the Public Records of Monroe County,
Florida.
29. For the duration of this Agreement, the parties agree that only single family homes
and accessory uses, not to exceed 35' in height, shall be constructed or allowed on the Lot~ in
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Coral Coast.
30. The utilities available at Coral Coast are as follows: a) water is provided by Florida
Keys Aqueduct Authority; b) electric is provided by Florida Keys Electric Cooperative
Association, Inc. ; c) solid waste services are provided by Keys Sanitary, a franchisee of Morp-oe
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County; d) waste water and sewage collection are treated by individual on-site disposal systems.
31. The owners of Lots in Coral Coast have an obligation to maintain the conubon
roadway as provided by the recorded plat. ~ ~ ~ ,
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32. The development pemits approved or required to complete development at Coral
Coast are as follows: ,
a) Resolution 410-1989 (Final Plat Approval)
b) Minor Conditional Use Order 30-89 (clear and infrastructure)
c) Building Permits for Lots 1-13 and 15
d) Resolution No. 297-1995 (ROGO exemption)
e) Resolution No. 329-1997 (Vested Rights determination).
NOTE: Any docks serving a lot(s) must obtain permits from MONROE COUNTY and may
require a variance to exceed maximum dock length to reach adequate water depth.
33. During the term of this Agreement the Lots, and any building permits issued for
detached single family dwelling units, shall be subject to the density, setback and open space
requirements contained in the 1986 land development regulations as they existed prior to the
adoption of the Year 2010 Comprehensive Plan.
34. During the term of this Agreement, the building permits, which have 'already
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been issued on these lots, shall be vested and exempt from any further consistency or
concurrency requirements of the Year 2010 Comprehensive Plan.
35. The initial term of this Agreement is for ten (10) years from the effective date, as
defined herein. The Agreement may be extended by mutual consent of the parties subject to a
public hearing as provided in ~163.3225, Fla. Stat.
36. During the term of this Agreement, the development orders referred to above,
including the 14 remaining building permits, shall remain effective.
37. After September 17, 2002, (five years from effective date of Resolution No. 329-
1997), an additional agreed park fee in the amount of $8,500 shall be paid to MONROE
COUNTY for each remaining lot, provided:
a) construction of the single family dwelling unit on the Lot is authorized, approvedl or
commenced under a building permit approved or extended pursuant to this Agreement; anf
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b) that such single family unit was not issued a certificate of occupancy before Septenfuer
17, 2002. i
The owner of the lot at the time of issuance of the Certificate of Occupancy Shalll be
responsible for paying the park fee prior to obtaining a Certificate of Occupancy and the agreed
park fees paid to MONROE COUNTY shall be used for public park purposes on the island of Key
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38. . [n the event that all or a portion of any home authorized by this 19reement should
be destroyed by a storm, fire or other common disaster, it may be rebuilt provided it is in
compliance with this Agreement.
39. Nothing contained herein shall limit the powers, rights or remedies that any party
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has, or may have in the future, to modify or to enforce the terms of this Agreement under Chaptdr
163, Florida Statutes.
40. Upon approval by the Monroe County Board of County Con1missioners, MONROE
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COUNTY shall record this Agreement with the Clerk of the Circuit Court of Monroe Cpunty.
Miss Curry shall pay all recording fees.
41. A copy of the recorded Agreement shall then be transmitted by MONROE
COUNTY to the Department of Community Affairs (DCA) within fourteen (14) days after the
Agreement is recorded. If this Agreement is subsequently amended, canceled, modified, extended,
or revoked, the Clerk shall have notice of suc;:h action, the same shall be recorded, and notice
provided to DCA in the same manner as the original Agreement.
42. This Agreement incorporates and includes all prior negotiations, correspondence,
conversations, agreements or understandings applicable to the matters contained herein and the
parties agree that there are no commitments, agreements or understandings concerning the subject
matter of this Agreement that are not contained in or incorporated into this document.
43. If any part of this Agreement is contrary to, prohibited by, or deemed invalid UQder
any applicable law or regulation, such provisions shall be inapplicable and deemed omitted to'the
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extent so contrary, prohibited or invalid; however, the remainder hereof shall not be invalidated
thereby and shall be given full force and effect.
44. All notices to the parties shall be in writing and shall be delivered by (a)1 by
personal delivery; or (b) by deposit with the United States Postal Service as certified or registered
mail, return receipt requested, postage prepaid, to the addresses stated below:
The address of MONROE COUNTY shall be:
Bob Herman
Director, Growth Management Division
2798 Overseas Highway, Suite 400
Marathon, Florida 33050-2227
with a copy to:
James T. Hendrick, Esq.
County Attorney
310 Fleming Street
Key West, FL 33040
The address of Miss Curry shall be:
Lamar Louise Curry, as trustee
8815 Arvida Dr.
Coral Gables, FL 33156
with a copy to:
James S. Mattson, Esq.
Mattson & Tobin
P. O. Box 586
Key Largo, FL 33037
interest, heirs, assigns and personal representatives.
45. This Agreement shall be binding upon the parties hereto, their successors in
46. This Agreement shall be effective 30 days after a recorded copy has been received
by the state land planning agency, and any time periods for filing an appeal have expired.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and
year below written.
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Witnesses:
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individually and as trustee
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Print Name
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Dated:
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, 1998
State of Florida
County of ~~
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, 1998,
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Print Name
The foregoing signature was acknowledged before me on
by Lamar Louise Curry, individually and as trustee, who is personally known to me. I
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(Seal/Stamp/Expiration)
~y Ja o",e,_l NOURV SEAL
o....t-:- . tI'l AwOREW M TOBIN
. iiI~ t COMMISSION NUMBER
.... CC504628
"',0: . , f MY COMMISSION EXP.
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APPROVAL OF MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
On
AUGUST 12
, 1998, the Board of County Commissioners
approved this Development Agreement by Resolution No. N/ A
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DANNY KOLHAGE, CLERK
By:.JhJJ.. c. ~'>2~
As Clerk of the Board of
County Commissioners
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BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
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APPROVED AS TO FORM AND LEGAL
SUFFICIENCY
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County Attorney (
MONROE COUNTY
OFFICIAL RECORDS
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