1st Amendment 09/19/1996(9
36annp 1. homage
BRANCH OFFICE
CLERK OF THE CIRCUIT COURT
3117 OVERSEAS HIGHWAY
MONROE COUNTY
MARATHON, FLORIDA M050
Sao WHITEHEAD STREET
TEL (305) 28960D
KEY WEST, FLORIDA 33040
FAX (305)289.1745
TEL.(305)292-3550
FAX (305) N5,%W
MEMORANDU M
TO: Bob Herman, Director
Growth Management Division
FROM: Isabel C. DeSanti5
9L n
Deputy Clerk Y7
DATE: October 10, 1996
BRANCH OFFICE
80820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA M=
TEL (3(S) 862-7145
FAX (305) 852-7156
At the September 19, 1996 Commissioner's meeting, the Board granted approval to execute Amendments
to the Ocean Reef/Golf Manor Settlement Agreement.
Attached hereto are three duplicate originals of the Agreement executed by Monroe County for your
follow through with DCA.
Please be sure that one fully -executed copy is returned to me as quickly as possible.
Should you have any questions concerning the above, please do not hesitate to call.
oc:
County Attorney
County Administrator, w/o doe.
./File
OUNTYof MONROE
KEY WEST FLORIDA 33040
Growth Management Division
2798 Overseas Highway
Suite 400
Marathon, FL 33050-2227
Mr. Charles Pattison, Director
Division of Resource Planning and Management
Florida Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
BOARD OF COUNTY COMMISSIONERS
MAYOR, Shirley Freeman, District 3
Mayor Pro Tom, Jack London, District 2
Wilhelmina Harvey, District 1
Mary Kay Reich, District 5
Keith Dougiass, District 4
October 11, 1996
Re: Ocean Reef/Golf Manor Settlement Agreement
Dear Mr. Pattison:
At the September 19, 1996 meeting, the Monroe County Board of
County Commissioners granted approval to execute amendments
to the Ocean Reef/Golf Manor Settlement Agreement.
Attached hereto are three duplicate originals of the Agree-
ment executed by Monroe County for your signature.
Please return one fully executed copy to my attention for the
files of the Monroe County Clerk of Courts. The other copies
are for Ocean Reef and your files.
If you have any questions, please contact
(305)289-2517. Thank you for your assistance.
Sincerely,
441"X_
sabel T. Reid, Senior Staff Assistant
Growth Management Division
Enclosures (3)
cc: James Murley, Secretary, DCA
Mike McDaniel, ACSC Administrator, DCA
Ty Symroski, Marathon Field Office, DCA
Christine Stretesky, Marathon Field Office, DCA
James Hendrick, County Attorney
James Roberts, County Administrator
Robert Herman, Director of Growth Management
Timothy McGarry, Director of Planning
me at
CC)iQ
-� BOARD OF COUNTY COMMISSIONERS
--� -
MAYOR, Shirley Freeman, District 3
0 U N O f M 0 N R 0 E Mayor Pro Tem, Jack London, District 2
Wilhelmina Harvey, District 1
KEY WEST FLORIDA 33040 Mary Kay Reich, District 5
Nl Keith Douglass, District 4
Growth Management Division
2798 Overseas Highway
Suite 400 G' 1
Marathon, FL 33050-2227 February 27, 1997
Mr. Charles Pattison, Director
Division of Resource Planning and Management
Florida Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
Re: Ocean Reef/Golf Manor Settlement Agreement
Dear Mr. Pattison:
On October 11, 1996 (four and one-half months ago), I mailed
three duplicate originals of the Ocean Reef/Golf Manor Settle-
ment Agreement to you for your signature.
I requested that your office return one fully executed copy
to my attention for the files of the Monroe County Clerk of
Courts. As of this date, I have not received a copy of the
fully executed document. Could you advise me of the status
of this matter?
Thank you for your assistance. If you have any questions,
please contact me at (305)289-2517 (or SUNCOM 494-2517).
Sincerely,
Isabel T. Reid, Senior Staff Assistant
Growth Management Division
/ir
Attachment
CC: James Roberts, County Administrator
James T. Hendrick, County Attorney
Robert Herman, Director of Growth Management
Tim cGarry, Director of Planning
le DeSantis, Deputy Clerk
AMENDMENTS TO THE
OCEAN REEF/GOLF MANOR
SETTLEMENT AGREEMENT
PURPOSE AND INTENT. Recognizing that eight homes can be approved for Golf
Manor (also known as "Martinique Village") under the previously -approved 1986
Master Development Plan for Ocean Reef Club and the provisions of the May 3, 1995
Settlement Agreement and exhibits, the applicant, LEWIS PROPERTY INVESTORS,
seeks to amend the May 3, 1995 Settlement Agreement entered into by the previous
owner, KEY LARGO GROUP, INC., MONROE COUNTY and FLORIDA DEPARTMENT
OF COMMUNITY AFFAIRS.
LEWIS PROPERTY INVESTORS seeks approval of these amendments in order to:
(1) protect the existing native hammock to the maximum extent possible;
(2) obtain a limited view corridor; and
(3) transfer monies allocated for on -site restoration within Golf Manor II to the
creation of an off -site hardwood hammock and wildlife corridor at the Carysfort Yacht
Club Restoration Project or Port Bouganville, Key Largo, Monroe County, Florida.
In order to further these objectives, the parties agree to amend the May 3, 1995
Settlement Agreement (incorporated herein by reference) to include the following
additional provisions:
18. REPLACEMENT TREES. Any threatened, endangered or regionally important
plant or tree species or any native hammock trees with a 4 inch diameter at breast
height (dbh) or greater that are located within the proposed building footprints, which
must be removed for construction shall be replaced on a one-to-one ratio and
incorporated into the landscaping of the project. These replacement trees are in
addition to any trees that are needed to meet the additional Class "E" bufferyard
standards required under paragraph 20, set forth below.
19. STREET SETBACK. A variance shall be granted to any applicable street
setbacks from Hardwood Hammock Drive provided that all structures shall maintain a
minimum 15 foot street setback from the furthest extension of the building to the edge
of the pavement for safety reasons.
20. VIEW CORRIDOR. The intent,of parties is to establish a view corridor to allow
occupants of the homes to prune the midstory_ branches in order to view the golf
course from their living rooms and other first floor areas, yet preserve the native
hammock tree canopy and understory as follows:
A view corridor from the first -floor living -area of homes located on lots 3
through 8 can be pruned and maintained in a manner that allows the applicant
or occupants of the homes on these lots a view through the mid -story
branches between 10.6 feet (mean sea level) to 21 feet (mean sea level) that is
equal in width to the wall-to-wall width of the house parallel to the rear lot line.
All pruning and maintenance must be in accordance with the pruning
regulations set forth In Exhibit 1. All understory and canopy branches above
and below these levels shall be preserved and maintained in its natural -state.
Understory shall be maintained in an undisturbed condition and non-native
plant material (including mulch, pea gravel and fill) shall not be placed in this
area. The geographical extent of these hammock areas will be delineated and
designated as "hammock preserve" on an aerial photograph overlay, Exhibit 2.
21. BUFFERYARDS. A variance from the 30% lot coverage requirements required
by the pre-1986 Code, is approved conditioned upon:
(a) the creation of a rear class "E" bufferyard on lots 1, 2 and the previously -
cleared half of lot 3, as required by Code §9.5-379. Further, all landscaping in the
Class E bufferyards on Lots 1,2 and 3 shall be comprised of trees and plants that are
native to the Florida Keys; and
(b) preservation of the existing native hammock as a bufferyard on the
uncleared half of lot 3 and lots 4-8. The hammock preservation area shall remain
undisturbed, except that pruning and maintenance of a view corridor will be allowed
as set forth above in paragraph 19 of this addendum; and
(c) non-native plants are prohibited in both the Class E buffer yard and native
hammock preservation areas.
22. OFF -SITE MITIGATION. A variance to revised Code §9.5-344 (Transplantion
Requirements) shall be granted in this case, as follows:
A. The sum of $10,175.00 has already been paid to Monroe County
pursuant to the 1995 Settlement Agreement by the previous owner.
B. The $19,405.00 currently placed in escrow by the previous owner for on -
site restoration that was not completed as required will be transferred off -site to
hammock restoration projects or wildlife corridors at Carysfort Yacht Club Project, Key
Largo, the Port Bouganville Restoration Project, Key Largo. This money must be
used for plants and trees, planting and site preparation work on the above -listed
projects, and shall not be used for purely administrative costs.
C. LEWIS PROPERTY INVESTORS shall further enhance the off -site
mitigation project funding by an additional $25,000.00 to be paid at the time the
settlement agreement is amended, or on November 1, 1997, whichever later occurs.
This money must be used for plants, trees, planting and site preparation work on the
above -listed projects, and shall not be used for purely administrative costs.
2
D. If the money is not needed for the above -listed projects, it will be used
for plants, planting and site preparation at other state or county hammock restoration
projects in Key Largo. The total fees for off -site hammock restoration projects in Key
Largo will be $54,580.00.
23. RECORDATION. The amended settlement agreement, incorporating the
pruning regulations, and aerial photo overlay depicting all hammock preservation
areas, shall be recorded and binding upon heirs, successors, and assigns of lots 1-8
of Golf Manor II (also known as Martinique Village), Parcel A, RE# 00572797-003604
24. HOUSE BOOK. In addition, a "house book," explaining the provisions of this
agreement, including the hammock preservation areas and the pruning regulations to
home buyers and their guests must be provided to each home buyer at the time of
purchase. The intent of this book is to explain the terms of LEWIS PROPERTY
INVESTORS' agreement to subsequent home buyers. A written receipt of
acknowledgment from the lot or home buyer must be obtained by, and is the
responsibility of, LEWIS PROPERTY INVESTORS.
25. FEES AND RESTORATION. In the event that this agreement is breached the
county may require restoration by the responsible party pursuant to Monroe County
Code §9.5-119 and also entitled to recover legal fees and costs incurred in any
enforcement proceedings against the responsible party.
26. CONDITIONAL PERMITS. In recognition of the undersigned applicant's
agreement to amend the settlement agreement, as set forth above, Monroe County
will immediately process and issue conditional building permits for lots 1 and 2 only.
The applicant agrees to the following conditions on the building permits for lots 1 and
2:
"This permit is conditioned upon achieving full compliance within 60 days from
the date of permit issuance with:
(a) the existing May 3, 1995 settlement agreement (including on -site
restoration); or
(b) the settlement agreement, as may be amended by mutual consent of
the parties.
Further, neither certificates of occupancy, nor additional building permits, will
be issued within Golf Manor II until the applicant demonstrates full compliance
with all of the terms of the settlement agreement as may be amended. If an
amendment to the Settlement Agreement is not approved by the Monroe
County Board of County Commissioners and the Department of
Community Affairs, completion of on -site restoration pursuant to the
3
existing Settlement Agreement dated May 1995 will be required prior to
Issuance of certificates of occupancy for homes on lots 1 and 2 or building
permits for lots 3-8.
LEWIS PROPERTY INVESTORS
1k. �94v'� U/
LEWIS PROPERTY IN"STORS
By: Bruce Harkness
Vice President
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this 30Tp day of
September, 1996, by Bruce Harkness, Vice President of Lewis Property Investors, who is
personally known to nee OR who produced as identification.
'lllllllllllllllllllllll!!!llllllllllllllllllllllll �
ti►�Y p Gloria J. Haisman
• �' Notary Public, Stataof Florida <
NOTARY P LIC ; ' P Commission No. CC 495556
�ocF\oe My Commission Expires 11/19/99 i
STATE OF FLORIDA : ; 1-800-3-NOTARY - Fk Notary Service a 13mdipQ Co. <
My commission expires //- /9- 99
4
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ATTEST: QANNr L K011UIGE, CLERK
BY naaolJ e.
oErunr— c�� 09-�9-9G
Mayor
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of
September, 1996, by Shirley Freeman, Mayor of Monroe County, who is personally
known to me OR who produced as identification.
NOTARY LIC �,,07 FLU
STATE OF FLORIDA
ti°.roTex . o
'0 PUBLIC
My commission expires
APPROVED AS TO LEGAL SUFFICIENCY:
5
RUTIi ANN JANTLEN
My Comm Exp. 12/30/99
Bonded By Service Ins
No. CC506335
APPROVED AS T FORM
ANDI.EGAL SUFF V
DEPARTMENT OF COMMUNITY AFFAIRS
By: Charles Pattison
Florida Department of Community Affairs
Director, Division of Resource Planning and Management
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of
September, 1996, by Charles Pattison, Director, Division of Resource Planning and
Management of the Florida Department of Community Affairs, who is personally
known to me OR who produced as identification.
NOTARY PUBLIC
STATE OF FLORIDA
My commission expires
APPROVED AS TO LEGAL SUFFICIENCY:
2