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Resolution 148-2013RESOLUTION NO. 148 - 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, IL 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 11nrop County, Florida, at a regular meeting of said Board held on the 15 day of May, 2013. Mayor George Neugent Yes :v Mayor Pro Tem Heather Carruthers Yes w `' Commissioner Danny Kolhage Yes Commissioner David Rice Yes Q Commissioner Sylvia Murphy Yes •• cam► (Seal) BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ATTES HEAVILIN, Clerk Attes • By: e_ �4-4-t- Deputy Clerk Mayor Monroe County Attorney roved VQ Form �3 63 7. w11�__ Date STEVEN T. WILLIAMS Assistant County Attorney Page 2 of 2 Res acknowledging 380 Dev Agreement 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 COTTA 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 COTTA 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). 2 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 COTTA 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 COTTA 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. 3 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 (IS) 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 Reef's 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 4 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 COTTA, 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. 4. 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 G 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 9, 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. 0 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 COTTA 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. Recording 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 O 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- 333 -8235 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.] 9 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 �al Pri t i ature y-mt w) /n. f}R N Print Name State of Illinois County of McHenry TERRA CO TA REALTY (FLORIDA), INC. By: / Thomas Z. Hayw , Jr. President Dated: April o� 9 , 2013 The foregoing instrument was acknowledged before me on this � 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 _ OF1F*& SEAL JOM E MOLTER NOTARY PUBLIC - STATE OF ILLINOIS W COIASSION EXPIRES:05M7 (::: , Not ublic My commission expires: Printed Name [This Agreement continues on the next page.] 10 The Department of Economic Opportunity, the state land planning agency under Chapter 380, Florida Statutes, hereby approves this Agreement. DEPARTMENT OF/ ECONOMIC OPPORTUNITY William . Killingsworth, Director Division of Community Planning State of Florida ) ss: County of Leon ) The foregoing instrument was acknowledged before me on this 1 day of April, 2013, by William B. Killingsworth, Director, Division of Communes PJaaaiag,.,Qn behalf of the Department of Economic Opportunity. Mr. pilingsworth is(personally known to me or presented a identification, and did / did not take an oath. si Name (typed, printed or stamped) My commissio e Public State of Florida el Golan ommission DD934652 12/27/2013 Approved as to form and legal sufficiency, subject only to full and proper execution by the parties. Office of the General Counsel Department of Economic Opportunity By: xyz"� I zat;� Assistant ral C n 1 Approved Date: 11 The Ocean Reef Community Association, Inc., hereby approves this Agreement. OCEAN REEF COMMUNITY ASSOCIATION, INC. B Pit�r,,i ,•T' [Insert name] State of Florida ) ) ss: County of Monroe ) The foregoing instrument was acknowledged before me on this _V day of April, 2013, by _ 66 V L b C f i Tt , on behalf of the Ocean Reef Community Association, Inc. is personally known to me or presented as 'dentification, and did / did of take an oath. No Public ==: " " " " "• KELLYMARIE R. DENNIS Notary Public -State of Florida My commission expires: : • M Comm. Expires Sep 28, 2016 Commission # EE 832255 ���" Bonded through National Notary Assn. Printed Name [This Agreement continues on the next page.] 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. °' i �tn «s: . cc-EDI : �. 1:,a i I Fan. , F.ES ':»•• GMi / It .V.:14 •"O•' PARCF%I IO • �..."'« u • • :.t fan- / PAR.I�9 ...Ix ' �.� • .� `^r` PARCEL II ...WV. , ::115811 • }�• `�, CONfULTY1pt1M7RKLRD/O AtCItMCLMG. -:a.• ::use [:r T. ... ..• un s.w. mta . ::fix 5,r7:✓ Y%K'�• f {'Q\"S6.Y ...r rweaA aw. oolan.uu PARCEL R a....r.-. 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L., . \,• • sr N:7 ASED7En wrv.r J 'a L..4 l PA CE E y�,� 1 ,~ anM ATTACHMENT I • E...... • :;a• »>x�"�{g°''1'i Y ari;' _ _" \-.•:;r;ra �' !:ou"� `� l'• � SITE PLAN tt 4�.. PAR1.00EL I •P•P1 AC ..W'''. '4 .:Ti i 7y.�-�" r :wan �E '` ' ,ry'. firm..., , ff, r�,�,v'. !!!......”--• /" -- • A •'G7/1 �.a PARCEL,. 4 ...Tr ?:Y'V \ E,r . .a......,n... .. R „�lv L ^•,^.N-•, Idi a fir 4r.�. • 7_ \ y�r DRAWN By MR./OAfl. \ r eE: »• • .ieS• .'`3d'�`,. �"..1' 4imr 1�. W»! CRICKED BY. J.K.6. • ::::±„, lid' r Sa i 1 APPROVED BY:4 R,df, 4• S.^."'t.«J '�wti PA aRCCEL s w .!�'.'\ i DATE. 9-3-.9J ,\ P,1,1 I ,ar. A I .ir• \ \ •••'•,� • PROJECT N0. 8101 .. // .•. ram•. LOP AC r.� 1 ..a... r ."^ r: r •. : 1:r'•^ � f ""Y''1` r REVISIONS tabbies' '�• 1" '1 r -• •• SITE PI AN ACRFAfF • 4� n�.. 11 mO .0 ..�� tCt"'Zee- AREA PFRCRIPiIQN AG9LACE -® /� O 1 LOTS NO.1.12 13.04SCALE: NOT TO SCALE ■V=v) L -r 2 LOTS NO.13.16•GA7GEARTW11 fASC11LVr6.86 [IFFY NUMBER µ�.Aitl.� _ i CARD SOUND 3 TENNIS COURTS 0.60 , CO ._- 4 CENTRAL CART PATHS 1.36 J - 5 PERIMETER CART PATH 0.3t —E • - 8 PERIMETER SHORELINE 1.3e 7 SERVICE AND BEACH AREA 1.43 . - .. S MANGROVE AREA `--.1.41`4.- • • 1 12s'.-16 Pc..f;_ES] EXHIBIT STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" CHARLIE CRIST Govemor July 13, 2009 Ms. Colleen Castille Go Green Strategies 200 West College Avenue, Suite 311 D Tallahassee, Florida 32301 Dear Ms. Castille: THOMAS G. PELHAM Secretary 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 County 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 County 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 land 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 1975 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 ROGO allocation. However, any development beyond the 2000 vested units described in the attached documents will require an allocation from Monroe County. If additional density and intensity is contemplated beyond that vested, Monroe County must submit a comprehensive plan amendment to designate Ocean Reef within the Tier System. The adopted 2555 SHUMARD OAK BOULEVARD ♦ TALLAHASSEE, FL 32399 -2100 850- 488 -8466 (p) ♦ 850 -921 -0781 (f) • Website www.dca.s f1 us COMMUNrrY PLANNING 850- 488-23561P) 850488.3.909 (f) . FLORIDA C0MYUIJr11ES TRUST 850 - 922 -2107 (p) 850-92i-1747(f) . • HOUSING AND COMMUNITY DEVELOPMENT 850-488-79%(p) B50- 922 -5623 (f) Colleen Castilie 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 based upon 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 US Highway 1, 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 Jetton, the Department's representative for the Florida Keys, at 850 922 -1766. Sincerely. NJ&M 6 Thomas G. Pelham Secretary TPhj cc: Andrew Trivette, Monroe County Planning Director David Ritz, OCRA Attachments L 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, F133037 Re: Ocean Reef Club Vesting Dear Mr. Ritz: THOMAS G. PELHAM Secretary 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 units 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 -8466 (p) ♦ 850 - 921 -0781 (f) ♦ Website: www.dca.state.fLus ♦ COMMUNITY PLANNING 850 -488 -2356 (p) 850- 488 -3309 (f) ♦ FLORIDA COMMUNITIES TRUST 850 -922 -2207 (p) 850- 921 -1747 (i) ♦ HOUSING AND COMMUNITY DEVELOPMENT 850-488 -7956 (p) 850 - 9225623 (� 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 documents 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.' 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 ' 2663 units vested = 2001 residential, 350 transient, 296 Harbor course, plus 16 zero lot line (this number includes transient and 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 1 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 II Ocean Reef Plat 15 Sunrise Cay 3 Sunrise Cay Ocean Reef Plat 15 Harbor Course subdivisions 00 0000 es on � ■ � ��� 0 v O ©O Lys a,�). j Q Q � 1} � � � , �'��= ©� � © © •- • p v ®��,��!�96689 pE00D:'d nu 0 0� 0a ego 010 a , a e o oh o © Q a P AR O e Q p� © 9 e a a • � ooa� ©� © ® © p o v v a�� ° ©�aaa° o o0d c © po / � ©o94 �0 n6 m G ° c 0 _ r m r J EXHIBIT F