Item H5BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 15, 2013 Division: Growth Management —
Bulk Item: Yes X No Department: Planning Department
Christine Hurley #2517
Staff Contact Person/Phone # : Steve Williams #2526
AGENDA ITEM WORDING: Approval of resolution acknowledging the existence and proposed execution
of the Multi -Party Agreement Under § 380.032, Florida Statutes, between Ocean Reef Community Association,
Inc., the Florida Department of Economic Opportunity ("DEO") and Terra Cotta Realty (Florida), Inc. , a
Florida corporation and owner of Pumpkin Key.
ITEM BACKGROUND: The Pumpkin Key property and the Ocean Reef development on North Key Largo
are within the jurisdiction of Monroe County, Florida and within the Florida Keys Area of Critical State
Concern as governed by section 380.0552, Florida Statutes and Chapter 28-29, Fla. Admin. Code. Pursuant to
F.S. 380.032(3) DOE may enter into agreements with any landowner, developer or government agency as may
be necessary. During this process, questions arose about the residential development rights of Pumpkin Key
and its relationship to the Ocean Reef Development which were addressed by the parties in the Findings of Fact
contained in the Agreement. While not a party to this Agreement, in that the subject property lies within the
jurisdiction of Monroe County, the County has been requested to officially acknowledge the existence and
proposed execution of this Agreement between the named parties.
PREVIOUS RELEVANT BOCC ACTION:
1/10/1990 adopted Resolution No. 041-1990 granting Terra Cotta vested rights for 5 yrs to construct 15
residential dwelling units in addition to the one (1) dwelling unit previously constructed on Pumpkin Key (Lot
10).
1/13/1995 Monroe County entered into a Development Agreement with Terra Cotta and the Department of
Community Affairs (predecessor to DEO) extending the time Terra Cotta enjoyed vested development rights for
an additional ten (10) years which has expired (OR 1388/0740)
11/21/2000 BOCC adopted Ordinance No. 054-2000 approving a request to change the Land Use District Map
from Offshore island (OS) to Improved Subdivision (IS) for Pumpkin Key.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: N/A INDIRECT COST:
DIFFERENTIAL OF LOCAL PREFERENCE:
BUDGETED: Yes No
COST TO COUNTY: N/A SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No AMOUNT PER MONTH Year
APPROVED BY: County AttyOMB/Purchasing Risk Management
DOCUMENTATION: Included X
DISPOSITION:
Not Required
AGENDA ITEM #
RESOLUTION NO. - 2013
A RESOLUTION OF THE BOARD OF COMMISSIONERS
OF MONROE COUNTY, FLORIDA, ACKNOWLEDING
THE EXISTENCE AND PROPOSED EXECUTION BY THE
NAMED PARTIES OF THE MULTI -PARTY AGREEMENT
UNDER § 380.032, FLORIDA STATUTES BETWEEN
OCEAN REEF COMMUNITY ASOCIATION, INC.
("ORCA"), THE FLORIDA DEPARTMENT OF
ECONOMIC OPPORTUNITY ("DEO") AND TERRA
COTTA REALTY (FLORIDA), INC., A FLORIDA
CORPORATION AND OWNER OF PUMPKIN KEY
(TERRA COTTA) ATTACHED HERETO AS EXHIBIT "A".
WHEREAS, the Florida Department of Economic Opportunity ("DEO") is the state land
planning agency with the duty and responsibility of administering and enforcing the provisions
of Chapter 380, Florida Statutes, the Florida Environmental Land and Water Management Act of
1972 (the Act), and the rules and regulations promulgated thereunder, which include statutory
and rule provisions relating to areas of critical state concern; and
WHEREAS, the Pumpkin Key property and the Ocean Reef development (Ocean Reef,
Ocean Reef development, or Ocean Reef Planned Development) on North Key Largo are within
the jurisdiction of Monroe County, Florida, and within the Florida Keys Area of Critical State
Concern as governed by section 380.0552, Florida Statutes, and Chapter 28-29, Fla. Admin.
Code; and
WHEREAS, the County included Pumpkin key in the Tier System as a Tier 1 property
due to it being an offshore island with Terra Cotta asserting that it should - not receive a Tier 1
designation due to its association with ORCA which is not included in the Tier System; and
WHEREAS, questions have arisen about the residential development rights of Pumpkin
Key and its relationship to the Ocean Reef development which are addressed by the parties in the
attached Pumpkin Key/Ocean Reef Multi -Party Agreement under § 380.032, Florida Statutes
which is attached hereto as Exhibit "A" and made a part of this Resolution; and
WHEREAS, the parties named in the attached Agreement wish to clarify and confirm
that Pumpkin Key is and has been part of the Ocean Reef development since the mid-1970s and
to recognize the residential development rights for Pumpkin Key, ensure preservation of
previously dedicated conservation areas on Pumpkin Key, and confirm the remaining transient
and non -transient residential development rights of Ocean Reef that are vested from the Monroe
County Comprehensive Plan as to use and density; and
WHEREAS, pursuant to section 380.032(3), Florida Statutes, DEO may enter into
agreements with any landowner, developer or government agency as may be necessary to
effectuate the provisions and purposes of the Act or any rules promulgated thereunder; and
Page 1 of 2
Res acknowledging 380 Dev Agreement
Re Pumpkin Key (GMD) BOCC 5/15/13 (kp 4 29 13)
WHEREAS, the Agreement states that DEO finds that this Agreement is proper and
necessary to effectuate the provisions and purposes of Chapter 380, Florida Statutes, and Chapter
28-29, Fla. Admin. Code, with regard to the Florida Keys Area of Critical State Concern and sets
forth undisputed Findings of Fact; and
WHEREAS, Monroe County is not a party to this Agreement; however, in that the
subject property is within the jurisdiction of Monroe County, Florida, and within the Florida
Keys Area of Critical State Concern as governed by section 380.0552, Florida Statutes, and
Chapter 28-29, Fla. Admin. Code, the County has been requested to provide official
acknowledgement of the existence and proposed execution of this Agreement by the named
parties; now, therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1. The existence and proposed execution of the attached Pumpkin
Key/Ocean Reef Multi -Party Agreement Under § 380.032 by the named
parties is hereby officially acknowledged by the County.
Section 2. The Clerk is hereby directed to forward a copy of the fully executed
Resolution to: Thomas Z. Hayward. Jr., President, Terra Cotta Realty
(Florida), Inc. 3703 S. Route 32, Crystal Lake, EL 60012; David C. Ritz,
Community Administrator, Ocean Reef Community Association, 24
Dockside lane #505, Key Largo, FL 33037; Director, Division of
Community Development, Department of Economic Opportunity, 107
East Madison Street, MSC 160, Tallahassee, FL 32399-4128.
Section 3. Effective Date
This Resolution shall become effective immediately upon its adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 15'' day of May, 2013.
Mayor George Neugent
Mayor Pro Tem. Heather Carruthers
Commissioner Danny Kolhage
Commissioner David Rice
Commissioner Sylvia Murphy
(Seal) BOARD OF COUNTY COMMISSIONERS
ATTEST: AMY HEAVILIN, Clerk OF MONROE COUNTY, FLORIDA
Attest: By:
Deputy Clerk Mayor
Monroe County Attorney
/1 roved o Form
Date STEVEN T. WILLIAMS
Assistant County Attorney
Res acknowledging 380 Dev Agreement Page 2 of 2
Re Pumpkin Key (GMD) BOCC 5/15/13 (kp 4 29 13)
Exhibit A. to the Resolution
PUMPKIN KEY/OCEAN REEF
MULTI -PARTY AGREEMENT
UNDER § 380.032, FLORIDA STATUTES
THIS AGREEMENT is entered into by and between Ocean Reef Community
Association, Inc. (hereinafter called ORCA), the Florida Department of Economic Opportunity
(DEO), and TERRA COTTA REALTY (FLORIDA), INC., a Florida corporation and owner of
PUMPKIN KEY (TERRA COTTA).
RECITALS
WHEREAS, DEO is the state land planning agency with the duty and responsibility of
administering and enforcing the provisions of Chapter 380, Florida Statutes, the Florida
Environmental Land and Water Management Act of 1972 (the Act), and the rules and regulations
promulgated thereunder, which include statutory and rule provisions relating to areas of critical
state concern; and
WHEREAS, the Pumpkin Key property and the Ocean Reef development (Ocean Reef,
Ocean Reef development, or Ocean Reef Planned Development) on North Key Largo are within
the jurisdiction of Monroe County, Florida, and within the Florida Keys Area of Critical State
Concern as governed by section 380.0552, Florida Statutes, and Chapter 28-29, Fla. Admin.
Code; and
WHEREAS, questions have arisen about the residential development rights of Pumpkin
Key and .its relationship to the Ocean Reef development; and
WHEREAS, the parties wish to clarify and confirm that Pumpkin Key is and has been
part of the Ocean Reef development since the mid-1970s and to recognize the residential
development rights for Pumpkin Key, ensure preservation of previously dedicated conservation
areas on Pumpkin Key, and confirm the remaining transient and non -transient residential
development rights of Ocean Reef that are vested from the Monroe County Comprehensive Plan
as to use and density; and
WHEREAS, pursuant to section 380.032(3), Florida Statutes, DEO may enter into
agreements with any landowner, developer or government agency as may be necessary to
effectuate the provisions and purposes of the Act or any rules promulgated thereunder; and
WHEREAS, DEO finds that this Agreement is proper and necessary to effectuate the
provisions and purposes of Chapter 380, Florida Statutes, and Chapter 28-29, Fla. Admin. Code,
with regard to the Florida Keys Area of Critical State Concern.
FINDINGS OF FACT
1. Pumpkin Key is an island located approximately thirteen hundred (1,300) feet from
Ocean Reef in Card Sound, Monroe County, Florida, containing twenty-five (25) acres,
more or less (hereinafter "the Property"), ownership of which having been acquired by
TERRA COTTA in 1973. The legal description of Pumpkin Key is attached hereto as
Exhibit A.
2. On October 18, 1976, the Board of Trustees of the Internal Improvement Trust Fund
issued TERRA COTTA an Easement No. 25693 (2701-44) for subaqueous utility
purposes, recorded in the Public Records of Monroe County, Florida, as Document No.
107575, Official Records Book No. 692, Page 334.
3. TERRA COTTA entered into Agreements in 1976 and 1986 with Ocean Reef Club, Inc.,
Class A Member of ORCA, providing TERRA COTTA with easements for the
construction and extension of utilities within the Ocean Reef Planned Development, and
to provide dockage and parking area for residential owners on Pumpkin Key. The
Easement for construction, operation and maintenance of electric and telephone utility
lines was recorded in the Public Records of Monroe County as Document No. 462091,
Book 0993, Page 0683. The Easement for construction, operation and maintenance of a
four (4) inch water line was recorded in the Public Records of Monroe County as
Document No. 462092, Book 0993, Page 0693.
4. In 1983, TERRA COTTA developed all the infrastructure to support sixteen (16) single-
family residential lots and constructed one (1) single family residence on Lot 10. In
addition, TERRA GOTTA constructed a storage building used as a dockmaster's office
and two (2) buildings for dwelling and storage purposes in the Service and Beach Area
shown on Exhibit B hereto, which are subject to a determination by Monroe County as to
whether the structures and uses were lawfully established and whether and the extent to
which the units are ROGO exempt, as provided in paragraph 5.C. of this Agreement.
5. In 1985, TERRA GOTTA purchased two (2) lots on Card Sound Point within the Ocean
Reef Planned Development to provide inside parking and harbor side access to Pumpkin
Key. TERRA COTTA built a single family residence on Lot 2 on Card Sound Point to
serve as a Mainland Base and garage facility for the residents of Pumpkin Key.
6. TERRA COTTA entered into a Long -Term Lease Agreement with Ocean Reef Club,
Inc., Class A Member of ORCA, for Baker Harbour on August 22, 1986, recorded in the
Public Records of Monroe County as Document No. 462090, Official Records Book
0993, Page 0676, and Amended on November 17, 2003, recorded as Document No.
1413236, Official Records Book 1957, Page 1534. This Lease provided ingress and
egress for the residents of Pumpkin Key to the Mainland Base within the Ocean Reef
Planned Development.
7. On September 15, 1986, Monroe County adopted its comprehensive plan pursuant to the
requirements of the 1985 Growth Management Act (Chapter 163, Part II, Florida
Statutes).
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8. Pursuant to a 1988 Vested Rights Order, Ocean Reef was vested from the Monroe
County comprehensive plan for "completion of the Development by use and density
categories in existence, as of September 15, 1986."
9. Pursuant to TERRA COTTA's application for vested rights, on January 10, 1990, the
Monroe County Commission, by Resolution No. 041-1990, granted TERRA COTTA
vested rights for a period of five years to construct fifteen (15) residential dwelling units
in addition to the one (1) dwelling unit previously constructed on Pumpkin Key Lot 10.
10. TERRA COTTA filed a Declaration of Subdivision in Lieu of Platting recognizing
sixteen (16) single family lots on Pumpkin Key and each lot was given its own property
identification number, recording the individual residential lots by metes and bounds on
August 15, 1990, in the Public Records of Monroe County in Official Records Book
1141, Page 1232.
11. On January 13, 1995, Monroe County, TERRA COTTA and the Department of
Community Affairs (predecessor to DEO as the state land planning agency) entered into a
Development Agreement that was recorded in the Public Records of Monroe County as
Document No. 874861, Official Records Book 1388, Page 0740, to extend the time
during which Terra Cotta enjoyed vested development rights for an additional period of
ten (10) years, which agreement has expired.
12. As consideration for the January 13, 1995, Development Agreement, TERRA COTTA
agreed to dedicate the undisturbed area of hammock in the center of the property (Lots
13, 14, 15 and 16) as conservation areas and to a reduction in TERRA COTTA's
development rights by four (4) residential lots for a total development entitlement of
twelve (12) residential lots (Lots 1- 12), which included Lot 10 on which a residential
dwelling unit had been constructed in 1983. In addition, TERRA GOTTA agreed to
preserve the undisturbed shoreline areas and to make a further commitment of private
open space on the lots to be developed, to be set aside in their natural state as private
conservation areas. The January 13, 1995, Development Agreement further recognized
that TERRA GOTTA had already set aside the only mangrove area on Pumpkin Key as a
private conservation area.
13. Pursuant to the Development Agreement, TERRA COTTA designated 8.54 acres
consisting of 5.55 acres of tropical hardwood hammock (Lots 13, 14, 15 and 16), a 1.61
acre mangrove and shoreline area, and approximately 1.38 acres seaward of the perimeter
cart path on Pumpkin Key, as a private conservation area and executed a Declaration of
Conservation Easement dated August 18, 2000, that was recorded in the Public Records
of Monroe County as Document No. 1741734, Official Records Book 2412, Page 654, on
May 11, 2009, which provides protection to 34% of the island, reducing the number of
vested single family lots from sixteen (16) to twelve (12). A copy of a document labeled
"Site Plan" that is Attachment I to the recorded Declaration of Conservation Easement is
attached to this Agreement as Exhibit B for the purpose of illustrating the locations of the
Pumpkin Key residential lots and the conservation areas.
14. On January 2, 1996, and July 17, 1997, the Monroe County 2010 Comprehensive Plan
became effective. During the 2010 Comprehensive Plan process, the Future Land Use
category Residential Medium (RM), which permits one residential dwelling unit per lot,
was applied to Pumpkin Key, and is still in place on the effective date of this Agreement.
15. On October 21, 1998, Pumpkin Key was removed from the Coastal Barrier Resource
System by an Act of the United States Congress.
16. On November 21, 2000, Monroe County, with a recommendation of approval from the
County's Development Review Committee and the Planning Commission, adopted
Ordinance No. 054-2000 approving a request to change the Land Use District Map from
Offshore Island (OS) to Improved Subdivision (1S) for Pumpkin Key. The purpose of the
IS district is to recognize areas with vested development rights. IS zoning allows one
residential unit per lot.
17. On July 13, 2009, the Department of Community Affairs issued a letter to Colleen
Castille as representative of ORCA clarifying issues related to the Ocean Reef Planned
Development as it relates to Monroe County's Comprehensive Plan and Land
Development Regulations, including a recognition that Ocean Reef is exempt from the
requirement to obtain rate of growth (ROGO) allocations for up to 2,000 units that are
vested as to use and density from the restrictions in the Monroe County Comprehensive
Plan (Exhibit Q.
18. On December 23, 2010, the Department of Community Affairs issued a letter to David
Ritz, Ocean Reef Community Association, regarding Ocean Reef Planned Community
Vesting indicating that ROGO regulations adopted in and after 1992 are inapplicable to
Ocean Reef Planned Development with respect to vested development rights and re -
acknowledging the Department's letter dated July 13, 2009. The December 23, 2010,
letter, a copy of which is attached hereto as Exhibit D, acknowledges that of Ocean
Reefs 2,663 vested transient and non -transient dwelling units, 1,838 residential and
transient units had been built, and that the remaining 200 transient units and 625 other
residential units were vested as to use and density for future development within Ocean
Reef and were subject to recognition and authorization by Monroe County. The
subdivisions evaluated for the December 23, 2010, letter are identified on Exhibit E.
19. The Monroe County 2010 Comprehensive Plan, which has from time to time been
amended, includes Policy 105.2.1 (Tier designations), and Policy 205.1.1 (criteria to be
used to designate Tiers), which recognize and exempt the Ocean Reef Planned
Development from those policies due to its existence prior to the establishment of the
1986 Monroe County Comprehensive Plan and the vested rights associated with the
Ocean Reef Development. Policy 101.4.22 of the Monroe County Comprehensive Plan
establishes a forty percent (40%) clearing limit for Ocean Reef.
20. Because Pumpkin Key is a part of the Ocean Reef Planned Development and was
independently vested for the development of single-family residences prior to the 1992
adoption of the County's ROGO ordinance, it is also exempt from the ROGO regulations
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adopted by Monroe County in and after 1992 and from the Tier designations adopted
after 1992.
21. On February 26, 2013, ORCA, of which Ocean Reef Club, Inc., is the Class A member,
approved an Amendment to ORCA's Articles of Incorporation and By -Laws, revisions to
ORCA's Building Regulations & Restrictions as they relate to Pumpkin Key, a
Memorandum of Understanding between ORCA and TERRA GOTTA, and TERRA
COTTA's Covenant Running with the Land, to formally incorporate Pumpkin Key into
the Ocean Reef Planned Development (Exhibit F), ORCA and Ocean Reef Club, Inc.
NOW THEREFORE, based upon the mutual covenants and agreements contained herein,
the parties do hereby agree as follows:
1. Recitals, Findings of Fact, Exhibits. The above recitals and findings of fact are true and
correct and are incorporated herein by this reference. All exhibits to this Agreement are also
incorporated herein by reference.
2. Duration of Agreement. The term of this Agreement is in perpetuity.
3. Pumpkin Key A Part of Ocean Reef The parties to this Agreement recognize and
agree that Pumpkin Key is and has been a part of the Ocean Reef Planned Development.
Development of Pumpkin Key shall be treated the same as development within the other portions
of Ocean Reef.
d. Inapplicability of ROGO and Tier Designations.
A. By this Agreement, DEO agrees that the ROGO provisions and Tier designations
in the Monroe County comprehensive plan adopted in and after 1992 are inapplicable to Ocean
Reef, including Pumpkin Key, with respect to the vested Ocean Reef development rights
described in this Agreement only.
B. Environmental Regulations. All state and federal wetland and environmental
regulations including subsequently enacted environmental provisions in the Monroe County
Comprehensive Plan and Land Development Regulations are applicable to the Ocean Reef
Planned Development, including the Pumpkin Key portion of Ocean Reef, except for the
County's Tier designations, and therefore, Pumpkin Key will receive the same treatment as the
Ocean Reef Planned Development in all respects.
5. Ocean Reef Remaining Vested Residential Development; Pumpkin Key
Development. _
A. Remaining Vested Residential Development. The number of undeveloped
transient and non -transient residential units vested as to use and density as of the December 23,
2010, letter from the Department of Community Affairs (now known as DEO) was 200 transient
units and 625 non -transient residential units vested for future development within Ocean Reef.
Monroe County has issued building permits for seventeen (17) non -transient residential units in
5
Ocean Reef since 2010, leaving the following vested units remaining for future development
within the Ocean Reef Planned Development as of the date of this Agreement:
200 transient residential dwelling units
608 non -transient single-family residential dwelling units
B. ORCA hereby assigns thirteen (13) non -transient single family vested residential
dwelling units to Terra Cotta. Eleven (11) such units are for single-family residential
development on Pumpkin Key lots 1 to 4, 11 and 12. TERRA COTTA's purchase of two (2)
additional vested single-family residential units from ORCA is a private business decision
between TERRA COTTA and ORCA. By signing this Agreement, DEO makes no
representation or agreement as to whether or where the two (2) additional units can be developed
on Pumpkin Key. That is a determination to be made by Monroe County when TERRA COTTA
seeks development approval for those units. As part of the Ocean Reef planned development,
Pumpkin Key development shall be consistent with and governed by rules and regulations of
ORCA as well as applicable provisions of the Monroe County comprehensive plan and land
development regulations in effect at the time of permit approval by Monroe County.
C. There are three structures in the Service and Beach Area that include up to three
(3) market rate residential units used by TERRA COTTA as caretaker units. TERRA COTTA
shall seek a determination by Monroe County through its ROGO exemption determination
process regarding the number of units lawfully established, whether and how many of those units
may remain, and whether all or some of the units are ROGO exempt. After any appeal periods
have passed, Monroe County may record its determination in the public records of Monroe
County, Florida, in a form acceptable to the Clerk of Court, and provide a copy of the recorded
document, including the official records book and page where recorded, to the parties within
forty-five (45) days after recording. Nothing in this Agreement shall be deemed to recognize or
authorize the existing buildings and units in the Service and Beach Area.
6. Future Ocean Reef Residential Permit Applications. Each application for a building
permit or other development approval for development within Ocean Reef, including Pumpkin
Key, shall be accompanied by a letter from ORCA identifying (a) the number of vested transient
residential and non -transient residential units available to be developed at the time the
application is submitted to the County and (b) the number of vested transient residential units
and non -transient residential units that will remain if the application is granted.
7. Dedicated Conservation Areas. TERRA COTTA has previously recorded a
Declaration of Conservation Easement in perpetuity for Lots 13, 14, 15 and 16, referred to in
Paragraph 13 of the Recitals above, and set aside a protected mangrove area all as shown on the
Site Plan attached as Exhibit B. As part of the consideration for this Agreement, TERRA
COTTA shall ensure that the areas identified in the recorded Declaration of Conservation
Easement are maintained as conservation areas in perpetuity and to that end agrees to record in
the public records of Monroe County, Florida, any instrument necessary to maintain the
Conservation Easement in perpetuity and avoid any potential expiration of such easement under
the Marketable Record Title Act.
8. No Vested Rights or Site Plan Approval. With the exception of the eleven (11)
additional residential lots that may be developed and the one (1) residential dwelling unit
developed on Lot 10 in 1983, nothing in this Agreement establishes any vested rights to any
particular development on Pumpkin Key. Exhibit B labeled "Site Plan" is attached for
illustrative purposes only and is not a site plan that has been approved by any government entity,
and is not approved by DEO under this Agreement as authorizing any development on Pumpkin
Key other than the single-family lots described above.
9. Breach of Agreement and Cure Provisions.
A. Upon TERRA COTTA's material breach of the terms and conditions of this
Agreement, DEO or ORCA may serve written notice on TERRA COTTA and
shall provide TERRA COTTA an opportunity within 60 days to respond or to
cure the breach, and/or to propose a method of fulfilling the Agreement's terms
and conditions. Copies of all written notices shall be provided to all parties to this
Agreement. The party serving notice of breach may, in its discretion, allow
TERRA GOTTA an opportunity to cure the breach or to negotiate an amendment
to this Agreement with all parties to this Agreement within a reasonable time, not
to exceed ninety (90) days after TERRA COTTA's response or proposal.
B. The following events, unless caused by fire, storms, floods or other acts of God or
events beyond the control of TERRA COTTA, are to be considered a material
breach of this Agreement: (1) the failure to maintain the conservation areas in
their natural state in perpetuity so as to maximize protection of the high quality
hammock, mangrove and shoreline areas; (2) the failure to comply with
applicable permitting requirements of Monroe County.
10. Amendment, Termination or Revocation. The parties hereto shall at all times adhere
to the terms and conditions of this Agreement. It is further agreed that no modification,
amendment or alteration of the terms or conditions contained herein shall be effective unless
contained in a written document approved and executed by all parties to this Agreement or their
successors or assigns, if applicable. For this purpose only, individual lot owners shall not be
deemed successors or assigns of TERRA COTTA unless the amendment solely relates to the
individual lot owned by such lot owner.
11. Enforcement. This Agreement may be enforced by the parties as provided by Florida
law. This Agreement may also be enforced by Monroe County. Nothing contained herein shall
limit any powers, rights or remedies that any party has, or may have in the future, to enforce the
terms of this Agreement.
12. Recordiny,. TERRA COTTA shall record this Agreement in the Public Records of
Monroe County, Florida, within fourteen (14) days of receipt of the executed Agreement, and
shall promptly thereafter furnish to ORCA, DEO, and Monroe County proof of recordation,
including the book and page number where this Agreement is recorded. A copy shall be
provided to Monroe County at the following address: Director, Monroe County Growth
Management Division, 2798 Overseas Highway, Suite 400, Marathon, FL 33050-2227.
7
13. Entire Agreement. This Agreement constitutes the entire agreement of the parties and
incorporates and includes all prior negotiations, correspondence, conversations, agreements or
understandings applicable to the matters contained herein.
14. Severability. If any part of this Agreement is contrary to, prohibited by, or deemed by a
court of competent jurisdiction to be invalid under any applicable law or regulation, such
provisions shall be inapplicable and deemed omitted to the extent so contrary, prohibited or
invalid; however, the remainder hereof shall not be invalidated thereby and shall be given full
force and effect.
15. Jurisdiction and Governing Law. The parties hereto agree that any and all suits or
actions at law shall be brought in Monroe County, Florida, and no other jurisdiction. This
Agreement shall be construed and interpreted under the laws of the State of Florida.
16. Binding Effect; Successors and Assigns. This Agreement shall be binding upon the
parties hereto, their successors in interest, heirs, assigns and personal representatives, including
subsequent purchasers of Pumpkin Key lots.
17. Notices. All notices, demands, requests, or replies provided for or permitted by this
Agreement shall be in writing and may be delivered by any one of the following methods: (a) by
personal delivery; (b) by deposit with the United States Postal Service as certified or registered
mail, return receipt requested, postage prepaid, to the addresses stated below; or (c) by deposit
with an overnight express delivery service to the addresses stated below. Notice shall be deemed
effective upon receipt by the addressee.
The address of TERRA COTTA shall be:
Thomas Z. Hayward, Jr., President
Terra Cotta Realty (Florida), Inc.
3703 S. Route 31
Crystal Lake, Illinois 60012
Telephone: 815-459-3413
with a copy to:
Kathleen M. Martinez, General Manager
Terra Cotta Realty (Florida), Inc.
3703 S. Route 31
Crystal Lake, IL 60012
Telephone: 815-3 3 3 -823 5
The address of the OCEAN REEF COMMUNITY ASSOCIATION, INC., shall be:
David C. Ritz, Community Administrator
Ocean Reef Community Association
24 Dockside Lane #505
Key Largo, Florida 33037
Telephone: (305) 367-7325
With a copy to:
Dennis J. Eisinger, Esquire
Eisinger, Brown, Lewis, Frankel & Chaiet, P.A.
Presidential Circle, Suite 265-5
4000 Hollywood Boulevard
Hollywood, Florida 33021
Telephone: 954-894-8000
The address of the DEPARTMENT OF ECONOMIC OPPORTUNITY shall be:
Director, Division of Community Development
Department of Economic Opportunity
107 East Madison Street, MSC 160
Tallahassee, Florida 32399-4128
Telephone: (850) 245-7105
With a copy to:
Administrator, Area of Critical State Concern Program
Department of Economic Opportunity
107 East Madison Street, MSC 160
Tallahassee, Florida 32399-4128
Telephone: (850) 245-7105
Each party shall be responsible for notifying the other parties of any change in their
above addresses for purposes of notification under this Agreement.
18. Effective Date. The effective date of this Agreement is the date the last party signs and
dates this Agreement.
[This Agreement continues on the next page.]
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the dates
indicated below.
Signed, sealed and delivered in the presence of.
Witnesses:
gnature
Pri
ign.
I
ature
Print Name
State of Illinois
County of McHenry
TERRA CCO.-TTA REALTY (FLORIDA), INC.
Thomas Z. HaywatQ, Jr.
President
Dated: April -% , 2013
The foregoing instrument was acknowledged before me on this f� ( day of April,
2013, by Thomas Z. Hayward, Jr., the President of Terra Cotta Realty (Florida), Inc., a Florida
corporation, on behalf of the corporation. He is personally known to me and did not take an
oath.
AL
N:TAJRR::: OF ILLINOIS
ES•0510397
Notary ublic
My commission expires-A1
Printed Name
[This Agreement continues on the next page.]
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The Department of Economic Opportunity, the state land planning agency under Chapter 380,
Florida Statutes, hereby approves this Agreement.
DEPARTMENT OF ECONOMIC OPPORTUNITY
an
State of Florida )
) ss:
County of Leon }
BAKillingsworth. Director
Division oflCommunity Planning
The foregoing instrument was acknowledged before me on this 73 day of April,
2013, by William B. Killingsworth, Director, Division of Community Planning, on.behalf of the
Department of Economic Opportunity. Mr.. PH' gsworth is.. personally known o me or
presented as identification, and did / did not take an
oath.
Public
Name (typed, printed
My commission expires:
Approved as to form and legal sufficiency,
subject only to full and proper execution by the parties.
waetrcD��� State of Florid
Mich Golerr a
boa°! p+Cr"""ion bb934g 2
.... zrz7/z013
Office of the General Counsel
Department of Economic Opportunity
By:
Assistant e era c6uAel
Approved Date:
11
The Gem Reef Community Association, Inc., hereby approves this Agreement.
OCEAN REEF COMMUNITY ASSOCIATION, INC.
421C a�
[Insert name]
State of Florida )
) ss:
County of Monroe )
The foregoing instrument was acknowledged before me on this day of April,
2013, by -, a V_L b C. PL i T- _ , on behalf of the Ocean Reef
Community Association, Inc. ` is personally known to me or presented
as 'dentification, and did l did of take an oath.
Not Public
My commission expires:
KtiNMOLY[C le.
Printed Name
[This Agreement continues on the next page.]
Li MARIE R. UtNNIS
Notary Public - State nl Florida
My Gomm. Expires Sep 28, 2016
Commission # EE 832255
Bonded Through National Notary Assn.
12
EXHIBITS
Exhibit A Legal Description of Pumpkin Key
Exhibit B Pumpkin Key "Site Plan"
Exhibit C July 13, 2009, letter to Colleen Castille from the Department of Community
Affairs regarding Ocean Reef (without attachments) (total 2 pages)
Exhibit D December 23, 2010, letter to David Ritz, Ocean Reef Community Association,
from the Department of Community Affairs confirming certain vested rights for
Ocean Reef (without attachments) (total 2 pages)
Exhibit E List of Subdivisions Evaluated in connection with December 23, 2010, letter from
Department of Community Affairs, Exhibit C.
Exhibit F Official Map of Ocean Reef Community Association
13
EXHIBIT A
PUMPKIN KEY LEGAL DESCRIPTION
Pumpkin Key in Card Sound being Government Lot 2 in Section 1, and
Government Lot 5 in Section 12, both being in Township 59 South, Range 40
East, Monroe County, Florida, containing approximately 25.26 acres, more or
less.
Legal descriptions of individual lots or parcels 1-16 are attached to the Declaration of
Subdivision in Lieu of Platting dated July 31, 1990, recorded in the Public Records of Monroe
County, Florida, in Official Records Book 1141, page 1232, and in the Declaration of
Conservation Easement dated August 18, 2000, recorded in the Public Records of Monroe
County, Florida, in Official Records Book 2412, page 654.
EXHIBIT I
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STATE OF FLORIDA
DEPARTMENT of COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
CHARUE CRIST
Gave -mar
Juh- 13. 2009
Ms. Colleen Castille
Go Green Strategies
200 West College Avenue_ Suite 31 1 D
Tallahassee, Florida 32301
Dear Ms. Casti[le:
THOMAS G PELHAM
Seo ory
Thank you for the opportunity to meet with you to discuss your client's concerns regarding the
draft rule proposed by the Administration Commission rule for Monroe County. This letter summarizes
our discussion on June 23, 2009.
Issue 1: Ocean Reef has requested that the proposed Monroe County rule be revised to exclude
Ocean Reef from the following language:
Monroe Count}• shall transmit a comprehensive plan policy discouraging future land use
changes, throughout unincorporated Monroe County, including Ocean Reef, which
increase allowable density/intensity.
The proposed language applies to Monroe Counts in its entirety. Since Ocean Reef lies within
unincorporated Monroe County. the language also applies to Ocean Reef. The Department of Community
Affairs (Department) will remove the words "Ocean Reef' from the proposed rule in order to not single
out Ocean Reef. Proposed Iand use amendments from Monroe County, including those proposed for the
Ocean Reef Club Master Plan will be evaluated under the Department's authority provided by Sections
163.3178 and 380.0552. Florida Statutes, the State and Regional Plans. Rule 9J-5, Florida Administrative
Code, and other appropriate regulations.
Issue 2: Ocean Reef Club requested confirmation that the Ocean Reef Club Master Plan will
continue to be exempt from the requirement to obtain Rate of Growth (ROGO) allocations for
development. The Department has reviewed the 19715 Binding Letter of Interpretation of Development"
which vested Ocean Reef Club for up to 2000 units (Attachment A). In addition, Monroe County- issued a
Vested Rights Determination (Attachment B) to Ocean Reef in 1988 followed by numerous actions since
that time continuing; to vest the Ocean Reef Club in its entirety- Development of 2000 units at Ocean
Reef will continue to be exempt from the requirement to obtain a RO00 allocalion However- anv
development beyond the 2000 vested units described in the attached documents will require art allocation
from Monroe County -
If additional densit} and intensity is contemplated beyond that vested, Monroe Count" must
submit a comprehensive plan amendment to designate Ocean Reef within the Tier System. The adopted
2555 SHUMARD OAK BOULEVARD ♦ TALLAHASSEE, FL 32399-2100
85D-488-8466 (p;, + 850-921-0781 (f) b Website wwvv_dca s__ate.`I us
COMMUNITY PLANNING 8504P-e-2,i56:p) 85U-088-33(19 tFJ 6 FLOROACOMMUNITIES TRUST 850-922-nM fp, R5Ft521-1747 �f7 0
a HOUSING AN6 COMMUNrrY DEVEL.OPMEN7 BSt:-.88 %95f t�,y A50 42? .567? ffi
Colleen Castille
July 13,2009
Page 2
Comprehensive plan exempts Ocean Reef Club from the Tier System and provides a separate clearing
limit of forty percent. The Tier System guides the allocation system and subsequent development based
upon the parcel's location within natural areas and infill areas containing infrastructure. The Ocean Reef
Club was not designated within the Tier System and the County has no methodology to assign points for
future allocations beyond those vested. Proposed increases will be subject to review if the increases
trigger the Development of Regional Impact threshold for Monroe County.
Issue 3: Ocean Reef requested a continued exemption from inclusion within the Florida Keys
Hurricane Evacuation Model based upon language in the Monroe County Land Development Regulations
at Section 9.5-121. Since 1992. this section has provided an exemption from obtaining a ROGO
allocation for parcels within North Key Largo area !used upo:, a 1989 Transportation Analysis that found
that development in North Key Largo does not impact hurricane evacuation times.
Ocean Reef Club is located at the intersection of Card Sound Road and County Road 905.
Ocean Reef residents utilize Card Sound Road to evacuate through Florida City during a mandatory
evacuation. Card Sound Road was not utilized as a hurricane evacuation route when the 1992 Rate of
Growth Ordinance was adopted due to the potential for flooding. Elevation improvements have been
made to Card Sound Road and it is now used, along with 1.1S Highway I. for evacuation purposes.
Both Section 163.3178 and Section 380.0552, Florida Statutes, require that Monroe County
maintain a 24 hour hurricane evacuation time. The Department has included the dwelling units and
population of Ocean Reef within hurricane modeling since the Miller Model update in 1999. The model
includes adjustments to reflect occupancy rates for seasonal and permanent units. The Department is
unable to provide an exemption from inclusion in the hurricane evacuation modeling because Card Sound
Road is now utilized as a hurricane evacuation route, the total population for Monroe County- has been
included in all evacuation analyses since 1999, and Florida Statutes do not contemplate any such
exemptions. Further, the Department will recommend that Monroe County amend its land development
regulations to delete the language at Section 138-22(4) that asserts that Ocean Reef does not in crease
hurricane evacuation times_
Thank you for your request to clarify these issues. If additional information is needed. please
contact Rebecca .letton, the Department's representative for the Florida Keys, at 850 92: -1 766.
Sincerely.
-,J &,,a 63s,�k a-,
Thomas G. Pelham
Secretary
TP'rj
cc: Andrew Trivette. Monroe County Planning Director
David Ritz OCRA
Attachments
EXHIBIT
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
CHARLIE CRIST
Govemor
December 23, 2010
David Ritz
Ocean Reef Community Association
24 Dockside Lane #505
Key Largo, FI 33037
Re: Ocean Reef Club Vesting
Dear Mr. Ritz:
THOMAS G. PELHAM
Secrela ry
The Department of Community Affairs has carefully considered the facts presented and
the request made on behalf of your client, Ocean Reef Community Association, in a letter from
Colleen Castille dated November 29, 2010, as well as the Vested Rights Summary and other
supporting documentation accompanying your letter.
The Department has reviewed the provisions of the vested rights documents referenced in
your letter, i.e., the 1975 Binding Letter of Interpretation of Rights (the "Binding Letter") and
attachments thereto identifying 2001 residential units, the 1988 Finding of Facts, Conclusions of
Law and Order (the "Vested Rights Order") identifying 350 transient units, and the Harbor
Course Plats (last approved in 1989) that were subsequently determined (by Monroe County
BOCC Resolutions 163-1998 and 192-1998) to be vested for 312 residential units under the
vested rights procedure of the 2010 Comprehensive Plan for a total of 2663 vested units. We also
reviewed Exhibits A and B to your letter, i.e., a Master Property List identifying the location and
housing type of each of the existing 1838 residential unfits within Ocean Reef ("Exhibit A" to
your letter) and a summary of existing Ocean Reef commercial parcels ("Exhibit B" to your
letter) identifying each developed commercial parcel by existing lot coverage and by the
applicable zoning category under the terms of the 1988 Vested Rights Order.
By its terms, the Monroe County Vested Rights Order specifically authorizes
"completion of the .Development by use and density categories in existence, as of September 15,
1986" (i.e., the zoning districts depicted on the "Master Development Plan, Existing ,Zoning",
Ocean Reef Club, dated August 1986). The Department concurs that the above -referenced
Monroe County Vested Rights Order and Resolutions collectively vest the development rights
granted in the Ocean Reef Master Development Plan; accordingly, ROGO and NROGO
regulations adopted in and after 1992 are inapplicable to Ocean Reef with respect to the vested
2555 SHUMARD OAK BOULEVARD ♦ TALLAHASSEE, FL 32399-2100
850-488-8456 (p) ♦ 850-921-0781 (F) ♦ Website: www-dca state fl us
+ COMMUNITY PLANNING 850-488-2356 (p) 850-48g-3309 (� ♦ FLORIDA COMMUNITIES TRUST 850-922-2207 (p) 850.921-1747;0 ►
+ HOUSING, AND COMMUNITY DEVELOPMENT 850-488-7956 {p) 850-922-5623 (0 s
David Ritz
December 23, 2010
Page 2
development rights only. However, all state and federal wetland and environmental regulations
including subsequently enacted environmental provisions in the Monroe County Comprehensive
Plan and Land Development Regulations are applicable to the Ocean Reef Club except for lot
clearing which is limited to forty percent. Finally, all of the vested permanent and transient units
of the Ocean Reef Club are subject to the South Florida Regional and Monroe County Hurricane
Evacuation Model runs, and are not eligible to be transferred outside of Ocean Reef Club due to
their ROGO exemption.
This conclusion is consistent with the acknowledgment in my July 13, 2009 letter to Ms.
Castille, which the Monroe County Vested Rights Order and numerous actions since that time
continue to vest the Ocean Reef Club. Of the 2,663 vested dwelling units, the above referenced
docurnentS indicate that 1.838 residential and transient units have been built, while 200 transient
units and 625 other residential units are vested for future development within Ocean Reef and are
subject to recognition and authorization by Monroe County.I
Sincerely yours,
Thomas G. Pelham
Secretary
res
Enclosure(s)
Colleen Castille letter dated November 29, 2010
Vested Rights Summary: Ocean Reef
cc:
Christine Hurley, Monroe County Growth Management Director
1 2663 units vested = 2001 residential, 350 transient, 296 Harbor course, plus 16 zero lot line (this
number includes transient anti workforce)
1838 units built = 753 single family home, 816 condo, 150 transient units, 119 results:
825 vested units remaining
EXHIBIT E
The Ocean Reef subdivisions included in the determination of remaining vested residential
development rights under the December 23, 2010, letter from the Department of Community
Affairs (Exhibit C) were:
Anchor Drive subdivision
Golf Village
Ocean Reef i Amended
Ocean Reef 1 Resubdivided Area A
Ocean Reef 3
Ocean Reef 3 Replat
Ocean Reef 3 Tract D Subdivision
Ocean Reef 6
Ocean Reef 6 Amended
Ocean Reef Shores
Sunrise Cay 11 Ocean Reef Plat 15
Sunrise Cay 3
Sunrise Cay Ocean Reef Plat 15
Harbor Course subdivisions