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1st Amendment 08/20/2014 �,a a- , ,, 40‘,. . , ,u, , ,. \\,,,,er „, ‘t, , , s ,,,..../.. 3, ¢t i ,,,JJJ1 / sairi19 CPA .‘,:s(s4 '� �f i'} CLERK OF CIRCUIT COURT & COMPTROLLER I.. �` MONROE COUNTY,FLORIDA DATE: August 25, 2014 TO: Christine Hurley, Director of Growth Management ATTN:: Mayra Tezanos Executive Assistant FROM: Lindsey Ballard, D.C fir' At the August 20, 2014, Board of County Commissioner's meeting the Board granted approval and authorized execution of Item N5 A public heanng_to-consider amendments to a Development Agreement between Monroe County, Florida and CKey_Lar-go--Ocean_Res_ort Condominium, ihic. also known as KLOR and formerly known as Key Largo Ocean Resorts Co-op, Inc. concerning property located at 94825 Overseas Highway, Key Largo, approximate mile marker 95, having real estate numbers 00483401.000100 through 000483401.028500 and 00483402.000000. (Public hearing required by statute). Enclosed is a (2) duplicate originals executed on behalf of Monroe County,for your handling. Should you have any questions,please feel free to contact me. cc: County Attorney (electronic copy) Finance (electronic copy) File 500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fax:305-295-3663 3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax:305-289-6025 Air SCANNEDcc. 88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax:305-852-7146 g/2sJ i 4 tz). Pre ared b 'Docq 1995782 0872772014 4:40PM— , Y' Filed & Recorded in Official Records of Jim Saunders MONROE COUNTY AMY HEAVILIN 991980verseas Hwy #2 Key Largo, Fl 33037 AMENDMENT TO DEVELOPMENT AGREEMENT THIS AMENDMENT TO DEVELOPMENT AGREEMENT (Agreement) is binding on the "effective date" as set forth herein between Monroe County, political subdivision of the State of Florida 1 a (County), and Key Largo Ocean Resort Condominium Association,Inc. (KLOR) Pro ao N WITNESSETHetc mco UI WHEREAS,KLOR is the owner of real property on Key Largo,Monroe County, Florida, located at o co approximately mile marker 95 of US highway 1 fronting on the Atlantic Ocean (Property), the legal m description of which is contained in Exhibit A - Survey of the Key Largo Ocean Resort Property, attached hereto and made a part hereof(Survey); and WHEREAS, there are two hundred eighty-five(285) lots within the KLOR resort which provide for seasonal transient and permanent housing, together with amenities including marina, tennis courts, swimming pool, recreation building, boat ramp, clubhouse, boat trailer parking, open space and administrative offices(Resort);and WHEREAS, the Resort has been operating as a cooperative association under the name of Key Largo Ocean Resorts Co-op, Inc. for over twenty-five years (25) years providing the lease of lots to KLOR stockholders who have placed their individually owned, recreational vehicles, mobile homes or park model homes on the lots shown on the Survey of the property; and WHEREAS, from Resort's inception until approximately 1989, Monroe County provided valid building permits to locate mobile homes and park model homes on the Property requiring that they be tied down for hurricane force wind protection; and WHEREAS, the County provided other building permits for screen room enclosures and other permanent structures on the Property; and WHEREAS,the Monroe County 2010 Comprehensive Plan,until December 2004,designated all the parcels of the property as"Mixed Use/Commercial"on its Future Land Use Map;and WHEREAS, the property had been designated as being with the"Recreational Vehicle" (RV) land use district from September 15, 1986, until February 2005, which allowed only transient use of properties within the district and not permanent dwellings or structures;and WHEREAS, in 1997 the Resort purchased approximately 2.0 acres of additional property consisting of both uplands and wetlands designated"Improved Subdivision", also known as the Northeast 100 feet of the Southeasterly 1/2 of Tract 9, SOUTHCLIFF ESTATES, in order to increase the open space area of the Property and to provide additional setbacks,which property is shown as Residential Medium on the County's Future Land Use Maps;and Page 1 of 13 July31,2014 WHEREAS, on January 16, 2002,the Monroe County Board of County Commissioners by eminent domain action acquired 9,318 square feet of the aforementioned portion of Tract 9;and o a o WHEREAS, over time, structures have been placed within the Resort without the benefit of a �,.. o� building permit, or with a permit which should not have been issued by Monroe County or lawfully 01 CO constructed for which no permit history can be found;and to N WHEREAS, the Resort had the appearance of a mobile home park as the result of the permanent cn N structures being placed in the Resort and the improvements to them being with or without benefit of permit; and WHEREAS,in 1994 and 1995,the Monroe County Code Enforcement Department began to actively pursue compliance with the requirements of recreational vehicle zoning of the Resort and construction without the benefit of properly issued building permits;and WHEREAS, as a result of the County's action, KLOR brought legal action against the County seeking relief from the application of the requirements of the recreational vehicle land use district;and WHEREAS, the Circuit Court of Monroe County granted an injunction against the County, Case Number 96-20160-CA-22, to allow KLOR to seek a change of its land use district designation from "Recreational Vehicle" (RV) designation to "Urban Residential Mobile Home" (URM) in order to resolve some of the code enforcement issues; and WHEREAS, the court ordered the parties into Mediation,which resulted in a Settlement Agreement signed by the parties in June 2003, approved by the Court on August 4, 2003, which authorized KLOR to submit and apply for a Development Agreement;and WHEREAS, acting in reliance on the Settlement Agreement, KLOR submitted a proposed Development Agreement to the County; and WHEREAS,KLOR filed an application to amend the Future Land Use Map designation from Mixed Use/Commercial to High Density Residential and from Residential Medium to Residential High; and WHEREAS, on August 18, 2004, by unanimous vote, the BOCC approved the amendments to the Future Land Use Map;and WHEREAS, on August 18, 2004, the BOCC also unanimously approved amendments to the Land Use District Map to classify the property as Urban Residential Mobile Home; and WHEREAS, the Florida Department of Community Affairs found the proposed amendments to the future Land Use Map in compliance in December 2004, and approved the amendments to the Land Use District Map in February 2005;and Page 2 of 13 July31,2014 WHEREAS, all of the previous residential improvements and internal roads had been removed in ,-- compliance with Monroe County Demo Permit# 10305964; and coo o WHEREAS, both the County and KLOR recognize that the public noticing and hearing procedures ro� rlo-+ shall follow the requirements of F.S. 163.3225, which require a public hearing before both the Planning ®co Commission and the Board of County Commissioners for consideration of a Development Agreement;and m oo WHEREAS, Section 163.3220, Florida Statues, authorizes the County to enter into agreements with w landowners and/or governmental agencies to encourage a stronger commitment to comprehensive and capital facilities planning, ensure the provision of adequate public facilities for development, encourage the efficient use of resources, and reduce the economic cost of development;and WHEREAS, the Monroe County Year 2010 Comprehensive Plan (Comprehensive Plan) contains objectives and policies that seek to reduce the frequency of uses inconsistent with Land Development Regulations and the Future Land Use Map (Objective 101.8) and the objectives of the Settlement Agreement between KLOR and the County; and WHEREAS, the County finds that entering into this Agreement furthers the purposes, goals, objectives, and policies of the Comprehensive Plan; and WHEREAS, the County Planning Commission issued Planning Resolution No. P49-11 which acknowledges the effective date of the Development Agreement as August 22, 2009 as established by Court Order;and WHEREAS, the May 12, 2013 Circuit Court Order in 16th Judicial Circuit Court Case 96-260-CA-P has determined that the parties are in compliance with this Development Agreement; and WHEREAS, the amendment of this Development Agreement is consistent with said May 12, 2013 Order;and WHEREAS, Key Largo Ocean Resort Condominium Association, Inc., a Florida not for profit corporation,is the lawful successor to Key Largo Ocean Resorts Co-Op,Inc. NOW THEREFORE, the parties do hereby agree as follows: I. Purposes The purposes of this Agreement are as follows: A. To amend the KLOR Development Agreement to accurately reflect the current status of the project to include defining the completion of the remedial actions, change the number of allowed marina slips from 65 to 76, add clarifying language to accurately reflect the intent of the parties, incorporate the court rulings to date that affected the original Development Agreement, and to Page 3 of 13 July31,2014 update the status of the KLOR improvements to achieve compliance with the requirements of the 03 Urban Residential Mobile Home district, such that not more than 285 of the existing o manufactured homes and RV units may be replaced with compliant manufactured homes or n) single family-detached homes elevated to the levels required by the County's Flood Plain a03 regulations. u co B. To allow KLOR to retain as conformingthepermitted existing bathrooms office, pool cn and pool deck, and club establishments as accessory uses to the principal residential uses, or to replace the accessory structures mentioned above with code compliant structures that do not exceed the total foot print of the existing accessory structure areas including parking and decks, and to provide docking facilities for 76 wet slips. C. To establish specific development and permit approvals and processes required bringing the Resort into compliance with County Land Development Regulations, Building and Fire Safety Codes. D. To acknowledge that the successor in interest to Key Largo Ocean Resorts, Co-Op is Key Largo Ocean Resort Condominium Association,Inc. II.Agreement Requirements The parties recognize the binding effect of Sections 163.3220-163.3243, Florida Statutes, as to the form and content of this Agreement and in accordance therewith set forth and agree to the following: A.Legal Description of Ownership The legal descriptions for the properties that are subject to this Agreement are set forth in Exhibit A-Survey of the Key Largo Ocean Resort Property. B.Duration of Agreement This Agreement shall remain in effect until December 31, 2018. It is the intention of Monroe County to promote rational and timely development of the Property to maximize best land use management practices consistent with the landowner's rights and commitments described herein. C.Permitted Uses The development and uses permitted on the Property, including population densities,building intensities and structure heights and total acreage of the site are: 1. The development of not more than two hundred eighty-five (285) Units (Lots)with one manufactured home or single family-detached dwelling unit and accessory structures per lot on the KLOR Property,together with the amenities as shown on the Survey(Exhibit A). 2. Accessory structures and uses including: recreational and maintenance facilities, resort office, bath houses,grill/pub, club and docking facilities including 76 boat slips. Page 4 of 13 July31,2014 3. The unit density is one manufactured or single family-detached home per lot,which is 13.6_units per xv gross acre.The population density is estimated at approximately 570 persons. Na 4. Building intensity for the accessory low to medium intensity commercial retail and office use is �� limited to the aggregate amounts as shown on Exhibit A for such uses. Community open space shall -0 03 la N be no less than 102,000 square feet. a � F+ 5. Building height is limited to 35 feet cn ° cn 6. Total acreage of the site is 25.2416 acres. For the duration of this agreement, the parties agree that any and all of the approved development shall comply with and be controlled by this Agreement, the Land Development Regulations, and the Comprehensive Plan governing the development of the land effective when Monroe County and KLOR execute this Agreement as authorized by Section 163.3220,Florida Statutes. D. Public Facilities 1. The Florida Keys Aqueduct Authority provides domestic potable water to the Property. 2. Electric service is provided by Florida Keys Electric Cooperative to the Property. 3. Solid waste service is provided to the Property by a solid waste collection system franchised by Monroe County. 4. KLOR shall provide a wastewater collection system for disposal to the Key Largo Waste Treatment District facilities which are available, and for which KLOR has approval to connect at the time of completion and successful final inspection of the collection system which design criteria has been approved by the Key Largo Waste Treatment District. 5. KLOR further agrees to require to the extent that it is able that all unit owners within KLOR connect to same and require such connection in any transfer documents to unit owners. E.Reservation or Dedication of Land There is no reservation or dedication of land for public purpose contemplated by this agreement. F.Local Development Permits The following is a list of all development permits approved or needed to be approved for the development of the Property as specified and requested in this Agreement: 1. All required Federal, State, South Florida Water Management District, and Monroe County permits for stormwater when necessary, if required. 2. Federal, State and County permits,as required, for docking facilities. 3. Demolition or renovation permits as necessary for the elimination of structures which cannot be permitted according to the regulations pertaining to mobile home parks and Urban Residential Mobile Home Land Use District Regulations as of the effective date of this Agreement. Page 5 of 13 July31,2014 4. KLOR has submitted and has been issued site work building permit #12305026. This permit ao application included a complete site redevelopment plan application package to the County for the �03 redevelopment of 285 units of the Resort to the standards and conditions of this Agreement and the 0 Wi 11 County's Land Development Regulations to the extent applicable and not inconsistent with this NCO Agreement. This site redevelopment package, referred to hereinafter as "Site Redevelopment Plan" cn was issued building permit#12305026 on August 14, 2013 and all fees due pursuant to this permit were paid. If additional building permits are deemed necessary by the Monroe County Building Official,KLOR will be responsible for application and payment. 5. Building and related construction permits for land clearing, adequately sized wastewater collection facilities, stormwater facilities, utilities and road improvements were included in building permit #12305026 that has been issued, and as appropriate to implement the conditional use order and this Agreement. 6. Marina: The Marina plan has been submitted to The Army Corp of Engineers(ACOE) and has been assigned permit number SAJ-2007-05489. Upon approval of ACOE and other permitting agencies the design will be submitted to the Monroe County Building Department for review and issuance of a building permit.The work will begin after permits are issued. 7. 285 Units (Lots): With the conversion to condominium the individual Units (Lots) are deeded to individual Owners. These Owners have the right to use any appropriately licensed entity or individual to build their individual homes. All Owners are required to meet KLOR published architectural guidelines (which may change from time to time), and all permit plans submitted to the County Building Department must have the KLOR Architectural Review Board's stamp of approval. In event the architectural guidelines may conflict with Monroe County requirements, the Monroe County requirements will prevail. Prior to construction, all unit Owners must obtain the appropriate building permits that meet the building codes that are in effect at time of permitting. Unit Owners may sell their lots to other individuals or entities,who may build at any time with a building permit issued by Monroe County Building Department. The right to build on an individual Unit(Lot) shall extend in perpetuity, and extend beyond the term of this Amendment to the Development Agreement. G.Finding of Consistency By entering into this Agreement, Monroe County finds that the development permitted or proposed herein is consistent with and furthers the County's Comprehensive Plan and Land Development Regulations. H.Breach,Amendment,Enforcement,and Termination Exclusive of any others except those imposed by law, the following additional conditions, terms,restrictions, or other requirements are also determined by the parties to be necessary for the execution and enforcement of this Agreement: Page 6 of 13 July31,2014 Doc 1995782 BIM 2700 PO 1647 1. Breach of Agreement and Cure Provisions a. Upon KLOR's material breach of the terms and conditions of this Agreement, Monroe County shall serve a written notice on and shall provide KLOR the opportunity, within ninety(90) days, to propose a method of fulfilling the Agreement's terms and conditions or curing the breach. Monroe County shall allow KLOR an opportunity to cure the breach or to negotiate an amendment to this Agreement within a reasonable time,not to exceed ninety (90)days after KLOR response or proposal,absent exigent circumstances. b. The following events, unless caused by fire, storms, floods, other acts of God, or events beyond the control of KLOR are to be considered a material breach of this Agreement: (1) the failure to comply with the provisions of this Agreement or the application for the permits to effectuate the actions required and described herein; (2) the failure to maintain conditions placed on permits or approvals contained in or issued as a direct result of this Agreement; (3) the failure to comply with applicable permitting requirements of Monroe County after notice and opportunity within ninety(90) days to commence to comply with such permitting requirements or, if applicable, to commence with such requirements and have completed within a reasonable time as mutually agreed by the parties if compliance requires more than sixty(60) days. c. Pursuant to FS Sec 163.3235 Monroe County may inspect the property subject to this Agreement to determine good faith compliance with the terms of the development agreement.In addition, for the life of the Agreement,Monroe County staff may enter upon the property at any time with 24 hours notice to the manager or contractor on site to assure that improvements are proceeding according to the site plan and that the RVs are placed according to code, and that all RVs are removed by December 31,2016. 2. Amendment,Termination, or Revocation The parties hereto shall at all times adhere to the terms and conditions of this Agreement. Amendment, termination, extension, or revocation of this Agreement shall be made in accordance with the notification and procedural requirements set forth herein. Amendments to this Agreement shall subject KLOR to the laws and policies in effect at the time of the amendment only if the conditions of Section 163.3233(2), Florida Statutes, are met. It is further agreed that no modifications, extensions, amendments, or alterations of the terms or conditions contained herein shall be effective unless contained in a written document approved and executed by the parties to this Agreement. 3. Hearing Requirements a. Before amending, terminating, or revoking this agreement, Monroe County shall conduct at least two(2)public hearings.The hearings shall be held pursuant to an application filed Page 7 of 13 July31,2014 with Monroe County by the party seeking to amend, terminate or revoke this Agreement, was along with the requisite filing fee. N a b. Notice of intent to amend, terminate, or revoke this Agreement shall be advertised at least ow ow (7) days before the public hearing in a newspaper of general circulation and 'CPm III N readership in Monroe County. The day, time, and place of any further public hearing shall ffi be announced at the first public hearing and the date thereof shall be advertised at least cn co seven (7) days before such public hearing. The notices shall specify the location of the property subject to this Agreement, the development uses proposed on the property, the ' proposed population densities, and the proposed building intensities and height, and shall specify a place where a copy of the proposed amendment, termination or revocation, and supporting information can be obtained. 4. State and Federal Law If State and Federal laws enacted after the effective date of this Agreement preclude any party's compliance with the terms of this Agreement, this Agreement shall be modified as is necessary to comply with the relevant State or Federal Laws;however, this Agreement shall not be construed to waive or supersede any contention under law that KLOR has acquired vested rights under prior law. 5. Enforcement a. If Monroe County,through Growth Management Division,finds that KLOR or a successor is in material breach of this Agreement, and after notice is given as provided herein to respond to or cure said breach,KLOR fails within a reasonable to respond, cure, or secure and amendment resolving the breach, Monroe County may utilize appropriate code enforcement remedies to cure any breach or seek through the Circuit Court of Monroe County enforcement of the provisions of the Settlement Agreement approved by the Court on August 4,2003 or other court order. b. Monroe County, KLOR, their successors or assigns, or any aggrieved or any adversely affected person as defined in Section 163.3215(2), Florida Statutes,may file an action for injunctive relief in the Circuit Court of Monroe County to enforce the terms of this Agreement or to challenge compliance with the provisions of Sections 163.3220-163.3243 Florida Statutes. c. Nothing contained herein shall limit any other powers, rights, or remedies that any party has,or may have in the future,to enforce the terms of this Agreement. Page 8 of 13 July31,2014 Docq 1995782 Bkq 2700 POI 1649 III. Compliance with Other Laws The failure of this Agreement to address a particular permit, condition, term, or restriction shall not relieve KLOR of the necessity of complying with the laws governing said permitting requirements,conditions,terms, or restrictions. IV.Additional Provisions A. Permits KLOR has removed all dwelling units from the site. The site demolition permit #10305964 under which this work was completed was closed on or about 8/07/2013,thereby bringing all sites into compliance for demolition or removal of all dwelling and or foundations, tie downs, and any other improvements that were on the previous building lots. All work authorized by permits shall be completed in accordance with Chapter 6, Monroe County Code. The Permit required for roads, fire suppression, storm water, landscaping, and utility relocations, was issued by Monroe County Building Department on August 14, 2013, and has building permit #12305026. Permit applications for the guardhouse(Permit# 12305027), and office building(Permit#13304084)have been submitted. Permit# 12305050 for wall repairs was issued on October 17, 2013. The final marina permit design is under development to comply with Army Corp of Engineers, Department of Environmental Protection, and South Florida Water Management District requirements. A Marina building permit application will be submitted to Monroe County in conjunction with the agency permitting.The construction under site work permit #12305026 will be completed prior to unit owners receiving certificates of occupancy for residential units.Completion of work covered by this site work permit#12305026, office permit building # 13304084,guardhouse permit#12305027,and wall permit# 12305050 will be complete and compliant with the conditions in P49-11 as amended. Any additional site work including, but not limited to the marina, clubhouse,pool, or marina building will be done during the term of this agreement, will have all appropriate permits, and meet any county or fire marshal required safety measures during the construction of those elements, The County has recognized there are 285 residential allocations for KLOR. Current Unit owners and/or their successors will be applying for individual permits to build their own residences. Each resident permit application will require approval by the KLOR Architectural Review Board prior to submission to the building department. B. Vesting and Compliance Policies The following are the policies and standards for the vesting of certain improvements and compliance actions that govern the specific compliance actions required and which shall be followed in implementing the terms and conditions of this agreement: 1. Any improvements except as noted below for driveways other surface cover improvements,that have been made without a permit have been removed, including below base flood ground mounted air conditioning condensers except where after-the-fact permits can be issued. Page 9 of 13 July31,2014 2. All unpermitted impervious surface improvements, such as concrete or asphalt driveways and slabs, oov may be retained except where they are required to be removed by this Agreement or the Site a ZZ Redevelopment Plan. (0 3. As defined in the Land Development Regulations, all non-road ready park models, other recreational � vehicles, or non-compliant manufactured homes in place prior to 1990 or that received a permit for N the replacement by the County after that date have been removed cn 4. Upon completion of site work and after such time as KLOR is permitted by the County to occupy the individual Units(Lots): The residential structures may be temporarily replaced on Owner's individual Units (Lots) by road ready RVs for a period not to extend beyond December 31, 2016. All RV Installations shall require permitted water, sewer, and electrical connections to service the RVs. Permanent Homes in compliance with Planning Resolution P49-11 as amended shall be authorized to be placed on any Units (Lots) at any time after acknowledgment from the County that the specific Unit (Lot) is ready for Construction. This acknowledgement may be in the form of issuance of the building permit. All new construction on any Units (Lots) will require the issuance of, and compliance with a Monroe County building permit. 5. Lot owners delinquent on payment of the Monroe County license tax pursuant to Section 320.08 Florida Statutes shall be required to pay in full any outstanding balance and delinquent fees to the Monroe County Office of Tax Collector prior to issuance of any permit under this Agreement. C. Special Development Standards 1. The Site Redevelopment Plan does insure that the configuration of manufactured homes meets the separation requirement of NFPA 501A— Standard for Fire Safety Criteria for Manufactured Home Installations, Sites and Communities to the maximum extent practicable without the removal of units. 2. The Site Redevelopment Plan 1 addresses the life safety and fire protection and was approved by Monroe County Planning,Building Department,and Fire Marshal. 3. KLOR is entitled to 285 Units (Lots),as shown on the site plan attached to P49-11 as amended and recorded on Doc#1871838,Bk#2557,Pg#452 4. Pursuant to paragraph B. above, road ready recreational vehicles may be temporarily placed on individual Units (Lots) until December 31, 2016. All RV installations will require permitted water, sewer, and electrical connections to service the RV while on site. Permanent homes in compliance with the Planning Resolution No. P49-11 as amended shall be authorized to be placed on any of the Units (Lots) at any time subject to the issuance of, and compliance with a Monroe County building permit. 5. The Board of County Commissioners hereby reserves the right to review and amend the Site Redevelopment Plan consistent with this Agreement. KLOR may petition the Board of County Commissions to review the Site Redevelopment Plan approved by the Planning Commission. Page 10 of 13 July31,2014 Doc 1995782 Bkp 2700 PO 1651 D. Recording The County shall record this Agreement with the Clerk of the Circuit Court of Monroe County within fourteen(14)days following signature by all parties.Recording fees shall be paid by KLOR E. Entire Agreement This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments,agreements, or understandings concerning the subject matter of this Agreement that are not contained in or incorporated into this document; accordingly, it is agreed that no deviation from the terms hereof shall be predicted upon any prior representations or agreements,whether oral or written. F. Severability If any part of this Agreement is contrary to,prohibited by, or deemed 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 here shall not be invalidated thereby and shall be given full force and effect. G. Jurisdiction and Governing Law The parties hereto agree that any and all suits or actions at law shall be brought in Monroe County, Monroe County, Florida, and no other jurisdiction. This Agreement shall be construed and interpreted under laws of the State of Florida. Mediation shall be governed by the rules of the 1611' Judicial Circuit Court in and for Monroe County,Florida.This Agreement is not subject to arbitration. H. Conflicting Resolutions All resolutions or parts thereof in conflict with the provisions of this Agreement and its resolution are hereby repealed to the extent of such conflict. I. Successors and Assigns This Agreement shall be binding upon the parties hereto, their successors in interest, heirs, assigns, and personal representatives. Page 11 of 13 July31,2014 Doc 1995782 Bkp 2700 PO 1652 J. 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. Notice shall be deemed effective upon receipt. For purposes of notice,demand,request,or replies: The address of Monroe County shall be: Roman Gastesi County Administrator 1100 Simon Street, Ste205 Key West,FL. 33040 The address of Key Largo Ocean Resort Condominium Association,Inc. shall be: Gicela Pino,President Key Largo Ocean Resort Condominium Association,Inc. 94825 Overseas Highway Key Largo,FL 33037 K. Effective Date The effective date of this Agreement is 30 days after the duly signed and recorded Agreement is received by the Florida Department of Community Affairs pursuant to Chapter 380, Fla. Statutes. The effective date of this first amendment is 30 days from the date of its rendering. Page 12 of 13 July31,2014 • Doci1 1995782 Bkt 2700 Pgp 1653 IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year below written. APPROVAL OF KEY LARGO OCEAN RESORT CONDOMINIUM ASSOCIATION,INC. Signed,sealed,and delivered in the presence of: . Witness: For:Key Larg an Resort Condominium Association,Inc. b 1 C h o,,rc ra to By: Print name Gicela Pino,President Dated: O 1 / t/ • Signature The forgoing instrument was acknowledged before me on this day ofuprA- 2014,by(0I QC� PLAN _He/She is personally known to me or produced Dk---Psjdt_.20-03_T3 -0 as identification and did not take an oath. A CA r -�4;,01'• MILENA ROMEOAit' Notary Public *I :,c MY COMMISSION#EE078121 •. . EXPIRES July 17,2015 Q (407)398-0153 FloridallotarySecvice.com I,�l IR0YY\QD 0 . • Printed Name My Commission expires: 041 ill 16 My Commission number: £6 0 3 8 i°.t A APPROVAL OF MONROE BOARD OF COUNTY COMMISSIONERS 00 b -4"day of i114 tat' ,2014, Monroe County Board of County Commissioners approved this d enkby Monroe County Board of County Commissioners Resolution No. LGI(o' i+ �� �friy Heavilin,Clerk a ;-1' Q OE rCOUNTY,FLORIDA Deputy Clerk BY: MA OR Sy1viG.Murphy. COUNTY ATTORNEY .040 A uV TOED AS FJ�RM . Date: ' GiA.�pSIJa1rt L. 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S µaB/ \\ / C m R /\ �J 'w >=i9pq e / \\ P`, LL96 N q' 1i F / �. a ' • / N N. n G� ....�ea�.,.e..M Nc / \ r-,,woart one�ini N�4pn \/ C J>l R _:.= em.. 4, N. ,, N qe N. FL1109-1025 a N wa N 06 N. 06 - . / 099T U6d 00LZ NN)I9 Z8L566T a'Oa Dock 1995782 p BIM 2700 PO 1661 ,...( MONROE COUNTY,FLORIDA RESOLUTION NO. 19 6 -2014 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING AN AMENDMENT TO A DEVELOPMENT AGREEMENT BETWEEN MONROE COUNTY, FLORIDA AND KEY LARGO OCEAN RESORT CONDOMINIUM, INC. ALSO KNOWN AS KLOR AND FORMERLY KNOWN AS KEY LARGO OCEAN RESORTS CO-OP, INC. CONCERNING PROPERTY LOCATED AT 94825 OVERSEAS HIGHWAY, KEY LARGO, APPROXIMATE MILE MARKER 95, DESCRIBED AS A PARCEL OF LAND IN SECTIONS 13 AND 14, TOWNSHIP 62 SOUTH, RANGE 38 EAST, BEING PART TRACT 10 AND PART TRACT 11 OF SOUTHCLIFF ESTATES (PLAT 2, BOOK 45), KEY LARGO, MONROE COUNTY, FLORIDA HAVING REAL ESTATE NUMBERS 00483401.000100 THROUGH 00483401.028500 AND 00483402.000000. WHEREAS, during a regularly scheduled public meeting held on August 20, 2014, the Monroe County Board of County Commissioners conducted a public hearing to review and consider a request filed by Jim Saunders, on behalf of Key Largo Ocean Resort Condominium, Inc. (KLOR), for an Amended Development Agreement in accordance with Monroe County Code §110-132 and §110-133 and Florida Statutes §163.3220 et. seq., the "Florida Local Government Development Agreement Act"; and WHEREAS, the subject property is located at 94825 Overseas Highway in Key Largo, approximate mile marker 95, and is legally described as a parcel of land in Sections 13 and 14, Township 62 South, Range 38 East, Key Largo, being a part Tract 10 and part Tract 11 of Southcliff Estates (Plat Book 2, Page 45) Monroe County, Florida having real estate numbers 00483401.000100 through 00483401.028500 and 00483402.000000; and WHEREAS, in 2006, the County entered into a Development Agreement with KLOR's predecessor in interest, Key Largo Ocean Resorts Co-op, Inc. which among other provisions provided conceptual approval of a plan to redevelop the site. The Development Agreement was memorialized in BOCC Resolution#242-2006; and Page 1 of 5(BOCC Aug.20,2014) Doc 1995782 Bkti 2700 Pgq 1662 WHEREAS, this request for an amendment relates to the redevelopment of the property with a maximum of 285 single family detached dwelling units and accessory structures and uses including recreational and maintenance facilities, resort office, bath houses grill/pub, club and docking facilities; and WHEREAS, the amendment results in revisions to some provisions of the 2006 development agreement including: • Amends references from "Key Largo Ocean Resort Co-op" to "Key Largo Ocean Resort Condominium Association, Inc." as the successor in interest • Updates the status of improvements to achieve compliance from 2006 to present to reflect completion of demolition work and attainment of recent building permits for site work • Increases wet slips from 65 to 76 • Allows existing lawfully nonconforming accessory structures approved to remain on site to be demolished and replaced with new structures • Allows road ready RVs to remain on the property until December 31, 2016 • Extends the expiration date of the original development agreement from August 22, 2016 to December 31, 2018 WHEREAS, at a public hearing on June 25, 2014, the Monroe County Planning Commission reviewed the Development Agreement and recommended approval; and WHEREAS, based upon the information and documentation submitted, the Board of County Commissioners makes the following Findings of Fact: 1. The subject property is located in the Urban Residential Mobile-Home (URM) land use district; 2. The subject property has a Future Land Use Map (FLUM) designation of Mixed Use/ Commercial (MC); 3. The subject property has a tier designation of Tier III; 4. In 1994 and 1995, the Monroe County Code Enforcement Department began to actively pursue compliance with the requirements of the Recreational Vehicle (RV) district in order to resolve violations related to construction carried out without the benefit of properly issued building permits; 5. As a result of the County's action, KLOR brought legal action against the County seeking relief from the application of the requirements of the Recreational Vehicle district; 6. The Circuit Court of Monroe County granted an injunction against the County, Case Number 96-201630-CA-22, to allow KLOR to seek a change of its land use district designation from Recreational Vehicle (RV) to Urban Residential Mobile Home (URM)in order to resolve some of the code enforcement issues; Page 2 of 5(BOCC Aug.20,2014) • • ' Docq 1995782 Bkq 2700 PO 1663 7. The Court ordered the parties into Mediation, which resulted in a Settlement Agreement signed by the parties in June 2003, approved by the Court on August 4, 2003,which authorized KLOR to submit and apply for a Development Agreement; 8. In 2004, KLOR amended the Future Land Use Map Designation from Mixed Use/Commercial (MC)to Residential High (RH) and from Residential Medium (RM) to Residential High(RH); 9. In 2004, KLOR amended the Land Use District Map from Recreation Vehicle (RV) to Urban Residential Mobile Home (URM) and from Improved Subdivision (IS) to Urban Residential Mobile Home (URM); 10. In 2006, the County entered into a Development Agreement with KLOR which provided conceptual approval of a plan to redevelop the site. The Development Agreement was memorialized in BOCC Resolution#242-2006; and 11. In 2007, the Planning Commission approved a request by KLOR for a major conditional use permit to approve the redevelopment plan and site plan. The approval and conditions were memorialized in Planning Commission Resolution#P35-07; 12. Following its issuance, Resolution #P35-07 was appealed to the State of Florida Division of Administrative Hearings (DOAH Case#07-5390). Following a review by DOAH, the case was dismissed, documented by a final order of dismissal signed by Bram D. E. Canter, Administrative Law Judge, on June 25, 2008. A KLOR resident named Maria Barroso appealed that order to the Circuit Court(Case#: CA P 08-564). That case was dismissed by agreement on August 18, 2009; 13. In 2007, the BOCC approved a request by KLOR for a waiver to the inclusionary housing requirements. The approval and conditions were memorialized in BOCC Resolution#298-2007; 14. On July 13, 2009, the County filed a motion with the Circuit Court to ratify and approve the Development Agreement. On August 22, 2009, the Circuit Court granted the County's motion and adopted a "Master Development Schedule...as a guideline for the parties to implement the Development Agreement." The Master Development Schedule was never implemented because the KLOR Board was recalled and replaced in late 2009; 15. In 2009, the County sought to enjoin the use of the Park for habitation because of numerous life safety violations. After touring the park, the Circuit Court Judge granted the injunction and originally ordered the park to close as of January 15, 2010. That deadline was extended, but the Court ultimately ordered the park closed for habitation effective July 31, 2010 in an order dated June 22, 2010. In the June 22, 2010 order, the Court ordered that all illegal structures on the property be demolished by December 31, 2010; Page 3 of 5(BOCC Aug.20,2014) • ' r Docn 1995782 BIOS 2700 PO 1664 16. On December 21, 2011, the Planning Commission approved a request by KLOR for a major deviation to the major conditional use permit. The approval and conditions were memorialized in Planning Commission Resolution#P49-11; 17. Florida Statutes §163.3220 authorizes Monroe County to enter into development agreements with landowners and/or governmental agencies to encourage a stronger commitment to comprehensive and capital facilities planning, ensure the provision of adequate public facilities for development, encourage the efficient use of resources, and reduce the economic cost of development; 18. Florida Statutes §163.3237 allows amendments to development agreements; WHEREAS, based upon the information and documentation submitted, the Board of County Commissioners makes the following Conclusions of Law: 1. The request is consistent with the provisions and intent of the Monroe County Code; 2. The request is consistent with the provisions and intent of the Monroe County Year 2010 Comprehensive Plan; 3. The request is consistent with the provisions and intent of the Master Plan for Tavernier Creek Bridge to Mile Marker 97; 4. The request is consistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; 5. The Agreement, among other things, is intended to and shall constitute a development agreement among the Parties pursuant to the Florida Local Government Development Agreement Act, Section 163.3223, et seq., Florida Statutes; BALANCE OF PAGE INTENTIONALLY LEFT BLANK Page 4 of 5(BOCC Aug.20,2014) Doel$ 1995782 8kp 2700 Pgq 1665 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of Law support its decision to APPROVE the proposed Amended Development Agreement between Monroe County and Key Largo Ocean Resort Condominium, Inc. PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS of Monroe County, Florida, at a regular meeting held on the 20TH of August, 2014. Mayor Sylvia Murphy Yes Mayor pro tern Danny L. Kohlage Yes Commissioner Heather Carruthers Yes Commissioner George Neugent Yes Commissioner David Rice VP BOARD OF COUNTY COMMISSIONERS' 0sr OF MONROE COUNTY LORIDA 4 BY: Ma r Sylv a Murphy g�°�� A 'aAMY HEAVILIN, CLERK 4V3 Deputy Clerk =o < CC C) 1.0 gL3►— STATE 'F Fc •..rzia� C. ss J COUNTY OF? =�NRoE c) cyCNi c".2, .fhisCopy Gsa TruoCipr y Te CD JG Original on Fite in i is cna _'. st areaMON t.a Q �cc `-sy hand and T:EA se0w ���s APR VED AS TO FORM COUNTY EY c This aC7fi4'' , Z day of ►4,P Date: ,/ I- q- t7 A.D.,201 y- At Y H 'AVI IN ate,NCle k Circuit Court it �y D.C. Page 5 of 5(BOCC Aug.20,2014) -- — MONROE COUNTY OFFICIAL RECORDS