02/21/1995 AgreementAGREEMENT
THIS AGREEMENT is entered into between ISLAND HOMES OF THE
KEYS, INC., a New Jersey corporation; MONROE COUNTY, FLORIDA; and
the DEPARTMENT OF COMMUNITY AFFAIRS, State of Florida (herein
"DCA").
WHEREAS, Island Homes of the Keys, Inc., is the owner of an
approximately 13.3-acre island within the development originally
known as "Seawatch," the island portion of which is described on
Exhibit A attached hereto and made a part hereof; and
WHEREAS, the said real property is within the boundaries of
the Florida Keys Area of Critical State Concern, as designated
pursuant to Sections 380.05 and 380.0552, Florida Statutes; and
WHEREAS, the Department of Community Affairs is the state land
planning agency under Chapter 380, Florida Statutes, the Florida
Environmental Land and Water Management Act of 1972 (herein "the
Act") , with the duty and responsibility for the general supervision
of the administration and enforcement of the Act and all rules and
regulations promulgated thereunder, including the Monroe County
comprehensive plan and land development regulations; and
WHEREAS, the prior owner of the subject property received
major development approval from Monroe County for a five -phase
multi -family project known as "Seawatch" pursuant to Section 6-221,
et seq., Monroe County Code (now repealed), the island portion of
which was not developed under the major development approval; and
WHEREAS, the current corporate owner is successor in title to
the original owners of the Seawatch development and as such owns
the subject 13.3-acre island which is presently undeveloped except
for 43 completed Seawatch condominium boat docks; and
WHEREAS, in preparing its Comprehensive Plan adopted by
Ordinance No. 016-1993, on April 15, 1993, Monroe County approved
a density designation of Residential -High for the island on its
comprehensive plan future land use map; and
WHEREAS, pursuant to Section 380.0552(9), Florida Statutes,
because of the Department's assessment of the environmental
sensitivity of the island, the Department recommended and the
Administration Commission published proposed administrative Rule
No. 28-20.100(34) (f) , F.A.C. , which will change the future land use
map designation of the island from Residential -High (RH) to
Residential -Low (RL), thereby reducing density on the island; and
WHEREAS, the parties hereto wish to avoid potential
litigation, including the uncertainty, expense and delay attendant
thereto, regarding the future land use map designation and future
development potential of the island, and it is in their best
interests to do so; and
WHEREAS, pursuant to Section 380.032(3), Florida Statutes, the
Department may enter into agreements with any landowner, developer,
or governmental agency as may be necessary to effectuate the
provisions and purposes of the Act or any rules promulgated
thereunder; and
WHEREAS, the Department finds that this agreement is proper
and necessary to effectuate the provisions and purposes of the Act
and the Monroe County comprehensive plan adopted thereunder.
NOW, THEREFORE, in consideration of the mutual promises and
2
covenants contained herein and the benefits accruing to each party,
the receipt and sufficiency of which are hereby acknowledged, the
parties agree as follows:
1. Recitals. The above recitals are incorporated herein and
form a material part of this agreement.
2. Development Authorized. Notwithstanding the density
regulations now or hereafter applicable to the subject property, a
portion of the hammock acreage of the island and the approximately
1.38 acres of disturbed area of the island may be developed with a
maximum of eight (8) single-family residences as provided in
paragraph 3 below. Detached habitable space (e.g., bedroom
additions, guest units, maid's quarters, and similar structures)
are not allowed. Roads necessary for access to and on the island,
if any, shall be developed pursuant to the Monroe County land
development regulations in effect at the time of permitting. No
development other than the existing boat docks, necessary access
roads, and the residential units specifically authorized in this
Agreement shall be allowed on the island.
3. Location of Residential Development. The map attached as
Exhibit B hereto is an approximation of the habitat on the island.
Pursuant to a field verification of the habitat conducted by Monroe
County in connection with this agreement, the parties agree that
the area designated as "hammock" on Exhibit B hereto consists of
7.49 acres of undisturbed palm hammock and .67 acres of berm. The
land area which may be utilized for the maximum of eight (8)
single-family residences shall be sited within the disturbed area
3
and/or within a maximum of 3.16 acres of the palm hammock as
follows: a maximum of seven (7) single-family residences may be
sited in the palm hammock and one (1) single-family residence may
be sited in the disturbed area. The area utilized for the single-
family residences (or, if subdivided, each lot within the area
utilized for the single-family residences) shall be contiguous, it
being the parties' intent that development shall not be scattered
but shall be confined within one portion of the island.
4. Grandfathered Density; Development Subject to Land Use
Regulations.
The development authorized under this Agreement shall be
deemed to be grandfathered for density only under the Monroe County
comprehensive plan, including any amendments adopted by the Monroe
County Board of County Commissioners or adopted by rule of the
Administration Commission, now or hereafter in effect. Otherwise,
the development authorized under this agreement shall be subject to
all Monroe County land development regulations in effect at the
time the Owner or its successor applies for a building permit or
permits from Monroe County for such development, including but not
limited to the County's rate of growth regulations and its
environmental design criteria.
The Owner recognizes that the environmental design
criteria include clustering and open space requirements. The Owner
further recognizes that the disturbed area and the maximum of 3.16
acres of palm hammock which may be utilized under this agreement
will be subject to those environmental design criteria. It is the
4
intent of the parties to preserve undisturbed in its natural state
as much of the palm hammock vegetation on the island as possible
while at the same time allowing some limited residential
development on the island.
5. Land Use Designation Under Proposed Rule 28-20.100(34 ),
F.A.C. In light of the parties' agreement regarding density in the
preceding paragraphs of this agreement, the parties agree that the
Administration Commission's proposed Rule 28-20.100(34), F.A.C.,
designating the future land use designation of the subject property
as Residential Low (RL) shall remain unchanged. The Owners hereby
waive any present or future challenge to the Residential Low land
use designation.
6. Release; Costs and Attorney's Fees. The Owner waives any
claim it has or may have against the Department or the
Administration Commission arising out of the recommendation or
publication of proposed administrative Rule 28-20.100(34), F.A.C.
Each party shall bear its own costs and attorney's fees incurred in
connection with this agreement.
7. Major Development Approval. The parties acknowledge and
agree that the subject 13.3-acre island shall not be developed
under the major development approval previously granted for the
condominium development known as "Seawatch," and that the major
development approval is deemed by all parties to be void and of no
further force and effect as to the island.
8. Scope of Authority. This agreement affects the rights and
obligations of the parties under the provisions of Chapter 380,
5
Florida Statutes, relating to areas of critical state concern. It
is not intended to influence or determine the authority or
decisions of any other state or local government or agency in
issuance of any other permits or approvals that might be required
by state law or local ordinance for any development authorized by
this Agreement.
9. Duplicate Originals. This Agreement may be executed in
any number of originals, all of which evidence one agreement, and
only one of which need be produced for any purpose.
10. Entirety of Agreement; Amendment. This Agreement
constitutes the entire agreement of the parties. This Agreement
may be modified or amended only by a separate written instrument
signed by all parties hereto and recorded in the public records of
Monroe County, Florida, as provided in paragraph 11 below.
11. Covenant; Binding Effect; Recordation and Proof Thereof.
This agreement is intended to and shall create a covenant running
with the land. This agreement shall inure to the benefit of and be
binding on Island Homes of the Keys, Inc., Monroe County, and the
Department of Community Affairs, and their heirs, successors, and
assigns, including subsequent purchasers of the subject property
from Island Homes of the Keys, Inc. Within fourteen (14) days
after the date of this Agreement, the Owner shall record this
Agreement in the public records of Monroe County, Florida, or shall
mail this Agreement to the Clerk for recording, and shall promptly
thereafter furnish to the Department and Monroe County proof of
recordation, including the book and page number where this
R
Agreement is recorded. Proof of recordation shall be directed to
Mike McDaniel, Growth Management Administrator, Region II,
Department of Community Affairs, 2740 Centerview Drive,
Tallahassee, FL 32399-2100, and Lorenzo Aghemo, Monroe County
Planning Director, Monroe County Growth Management Division,
Marathon Regional Service Center, 2796 Overseas Highway, Suite 400,
Marathon, FL 33050, or such other persons as they shall designate
in writing on behalf of their respective government entities.
12. Date of Agreement. The date of this Agreement is the
date the last party signs this Agreement.
IN WITNESS WHEREOF, the parties, by their duly authorized
undersigned representatives, have executed this Agreement on the
dates and year below written.
ISLAND HOMES OF THE KEYS, INC.
a New Jersey corporation
(CORPORATE SEAL) By ,
Anna L. Hotz
President
and -
By
Robert M. Rehbock
Secretary
STATE OF
COUNTY OF ,
The foregoing instrument was acknowledged before me this
Lgth day of J.1AyvG12>/ , 1995, by Anna L. Hotz
as President of Island Homes of the Keys, Inc., who is personally
7
known t o me ee *,h z--a--e s C.a
se ; d--a ; gi at-_; Qn, and
who .del- ( did not) take an oath.
Notary Public
Name (typed, printed or stamped)
,o,;w °s' S. CHRISTENSEN
Co 4-? erg U ash
pf F Bonded Ti:: w Undervmters
k;
My -oi -expi."
STATE OFrzi�q
COUNTY OF W ooui2lJE ,
e foregoing instrument was acknowledged before me this
day of , 1995, by Robert M.
Rehbock, as Secretary of Island Homes of the Keys, Inc., who is
personally known to me n-r- —who has-- prodAl-r$d
on, and
who did (did not) take an oath.
ATTEST:
DANNY L. KOLHAGE, CLERK
Notary Public
�� cam, �s•-✓?i 5 -r�t/yc• /L%
Name (typed, printed or stamped)
S. 0. CHRISTENSEN
;a :ev'' 11069
Commission Number =•'
;,,:. ;o AIXi�PIRES: JuI�Y ,2y6y,. 11`99�6���e
�9r��Oc F; ` Bonded 111ru N.��y f Ww- Under W3
My commission expi
MONROE COUNTY, FLORIDA
By
Mayor
Shirley Freeman
DATE: February 21, 1995
8
STATE OF FLORIDA
COUNTY OF MONROE
/Shirley Fre
This instrument was acknowledged before me this eWn,, day
of �-h� , 1995, by , Mayor of
Monroe County, who is personally known to me and who did not take
an oath.
RUTH ANN JANTZEN
Note y STATE OF FLORIDA
PuWlc My Comm ExP12f 30/95
BONDED
3 lQgs
Date
STATE OF FLORIDA
COUNTY OF LEON
Name (typed, printed or stamped)
CC 113Ou.2
Commission Num er
My commission expires:
DEPARTMENT OF COMMUNITY AFFAIRS,
An Agency of the tate of Florida
By 0-in
Charles Pattison '
Director, Division of Resource
Planning and Management
,cn
This 'nstrument was acknowledged before me this 3 day
of , 1995, by Charles Pattison,
Director, Div sion of Resource Planning and Management, Department
of Community Affairs, who is personally known to me and who did not
take an oath.
Not y Public
e X. x,.rr
Name (typed, printed or stamped)
Commission Number �f" o
My commission expires'��.
r�;,
p;; t `s��41Eyi
PL ORVIL BA
19CATi'ON MAP
Wr"•�rption:
�Y'erco! of lone tt Gor.rnrne,t Lot :, Sec•bor, ierrutvy E, Soufn,
/Nr� /;�_�
`
�Ronae
Ear; one Gor.rnmen! ,a: ! S.cD'on £, io.nship
6E Soutr, t5angr 3J Losl.
ar. K.v Vom, Monroe County, Fronoc one borne more
(inr
6rormc LisranR
porticalonv oescnp.e
to !cello.-: -Co"C' C£ e: fne SOtlrne•esf Carrie' 30rC Se+Cnor. J2,t Ynener
i %
n'.003L'J
hf
:G�2C'Cr['i., ofon; IncthScum bnr er soie sethor. 3i r deslancr of J3E.cE
toe:
A'.J7':! 714r;
tc rnr face of a concrete seo.oY ontn
c rnr Fo; of &COinnin R men
-'
A'4F'7•'OF•w
;SJ.E2•
A:OOJS'JS'i.. atonC Inc foR of r tronererr s"w Cli c disronn esIJE.GL
i`
AtC �C3i -
f.E_`'
oiotic the foev c' r concr.rr cro.rolr c drst0nR
•-=
N.00•4.';f �.
7n ncr A'.JTiJ'<r�, c disroncr o' %of le•et oron; Mr
toe" of c eaneretr seo.el; Ynener N.4G-2d'Ort,_
LE
n'.00JT?Tr
•;_
%�L ;?
want fnr face a' c
ii
A. ET1['a(';.
5 <[
concnrtr c.o.ol: r dtslonR c' )5<.E;;• tee:: fne-nR A'.G)'3C'J_'�� o/onc fnr
l£
S.2 C"?C•:.
SJ.7£'
,
race of a ronererr sro.ol.' a disronee of S.E. fret hence A'.Dv'f")r'=
Lr
5.0"tC'Df
2`,0£
can; c enonnr- c etstanR cf 27.JL fee:. lnenn A'.00-. e_ atone c
l �._y=..
C
�..
•�
G�CMti C asfonR c,' .'3G. is fee.' it Inc lbcr. htpr. Meer Lmr o' Inc 5av"[r',
�ronoc.
= :
- !/ [i
-.: [._'
m.ncr A:ETi[-tC':.. onc mcnoornnc rnr, soic l.'ror hlor. W je- lrnr
2E�7 ..
rt:f rnr /o/ro.nnc InirTv rrur ry[ ' ? _ [.[
l"= one poune_ c dtstonce Of
lrr:;
:i:
; t
S �F;C•."i
-
c.E 1[ •[ -• -
[r < 1
t-r.nR S.i �0;7L'E. c atsronR e' G:. JE leer: menR O'•)D'Df
C dseronR of ?L, 6£ 1K:; • .J . ..
•r
A.7£{f'1rE
E__ i '.
-
me•nR L,2 GJ lr
r =.. r
c msrancc er 2J.C: fere,, menn S J?'[ "� r [ . c
ctstann a' 2£.i' tee:, rr1.•nn L[F)£'L
i : i
n' r?L? '2i "
; 3£ 9£'
tnoner S.EJ•:•.rr:
c 013-on" c' £:?r(K;, menR A.)Ca£'3L-r c
)f
tr.£✓"5.^'Sc-;
c c
as-enR c.' 6..?f t.•rr Ynener r,:-`.�D£'�'•_ [ ,
C daronc. o'
2L
A'.G-''3?. 7f _
96
merle•e tr.<<.`.2'?i c rostann 0• ;.:.9L• ere:. rnenr, r(I�J7 r,/ee:.
n'.C'Of•C'-'�
ec
.. c arst anGr o' °LEF lee:.
2•,
?. c cwao cv c• 9E.5' rK: MenR A:G'OC•C - c
1
A_7E DI-2
AE.p?
ortonn er oc.,:,' re•e5. hence A.Y')G'.i/ £.. r arJ'Jann of <E. )i leaf.
trlenR n'.JE-DC2£•:., c aUrrnee 0' <E.9?- r..r. rrN✓IR r r-`
:`='
L.sr;2s::
•2o'1
<7.1
6JTrnR Of ..leer _
Hndrstaner er ;[<.3< tee:,
L2£
1 ; �;
•� %L. �.
menR L[;'?c•[r_., c C'XIOAC-c e.., 21E.5- lee:, tn.nR L.2['3f'[S';
-
S.2<'3£'/c'_
r
:.3£
of sTonr-r or 7:. 3f roe;: -nonce ,<.. ; T,T[ . • • o c
• r o'rstone+ e.' 9E.3` few:
tnenR L.DL'°1'[£'r.. -
:2f
'2F
;T.S?'[•':
cDr.`,;•aE--q,
o<
t°,.[+F.
c dtstonn c: ):,�.Gc.te[: mmR r
alsionR er <E.2[ r-, manse ;'a -. 2' D;'L •:.. C
CT F'r..
:..3G
f.27D; a•:
.$ c dstonee cr 6<. i� rear
menu L.i['J?'D"Y c dtsronR a! iL.: 1K:
03Tcnee of 9E.6< IK! rnener L.G<'[C'C'I•r, c dwoncr e'�3G.� ere:
menR ;'.(-Y_-h„
-
.-��
L.C._:-• C-
oC�•
�.; a DtsronR ar 6G.<� Jee:, 1.•KnR .e.. D�?-,r..'r h' .. a
-
elfonRref 9E.[f tr•r:, -rimer 5.3.^,S';,"'M'.
-,<:-d-,
'•4
J:
,e- ..
e drsronee er :..i. , Ir[r,
nxnR S30'D?'OL'r.., c msoncr er )Gi.6f fee:. rnMR c 4-e- '2 r.. c
;'<_
nrY O' EJ.S (K: inrnGe L.6`+: L'D1•'M. C erstOnCr a' S.E-' 7[e;
'•
L.J:
Pe
rmonrC c
rnonne;; menR t•'.<(-)"e •)�-•µ aeon; the soot enonne c etstoner c' Jp,. <
ieer
LSF
L.3.;'OP'D£'•
'.Ec
to C eoncrerc srovo!., teener n'[P29'^••" aeon; r ronnrrr �-
seo.ci
;_�G
car 7£-
'[• w
--c
E..
c d• Tong c
c' 3_.5E JK: fnrnn L �^?o•G;•h otanc Inc lon or r
: �?
L.E� S'Of w
S.£L
ronGreir seoo•ol, r esrancr er 35.Si ree;: rnencr:['
n[;,-?e•C--:
c r.
me
focr o.' c roncrrt+ scor0/10, J :.: , f[r; IC tie ;-air.* D' b[Otnnrrs�;
Gor.torninc
�i
t.:OP3£''r':
. •'
.7i,E5E.7; Souorr fsc:, 0• .J,?<;� ,tr-rea. rorr o• �.•s:
w.er Kq� Y'etr
,r
Lpw
I2.
V.
^I o a r
z41tt c j
C � V
o �
� � „�•-... L� ° ,fir � � h I
IV
14
0-1
1 � f
1
r— P.O. C.
1 SpOh"J: COrm.r
S.ctien J? (� i
, L_ Acres
Ji,;tu!DeC Jam— r,CreS \y' �
c^
Con. =cSernenf Acres D � �o
Tolei ; .lc= Acres '✓0 +C
Gversecs fl'iq?!wCjv, Scowetc , Morcrhon,,
C' 7r-1_ E/vi,?S ISLANf, 9�—BOG
S.elc: ke:. I ^looc Ocne fvc
6C fl`_ I I✓WL �. . ... ..
�'IOOC �Ont I -IDOC cicv
=i 1 I i
REVISIONS J �.�0 ✓JI' ONS
C
i'REDERICK H. HILDEBRANDT
E-
NGINEER ?L,WNER SURYCEY R
" 5C NOP r,5;oe Drive
sU+:e , o,.
'3C5 253-44-6c
v 1� cCrk ,305" 293—C237