Resolution 386-2014MONROE COUNTY, FLORIDA
RESOLUTION NO. 386 -2014
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING AN EXTENSION
OF TWO (2) YEARS FROM THE DATE OF THIS
RESOLUTION FOR THE COMPLETION OF THE
IMPROVEMENTS REQUIRED BY SECTION 110-100 OF THE
MONROE COUNTY CODE FOR THE FINAL PLAT OF KEY
HAVEN ESTATES (A SUBDIVISION OF LAND INTO 43
RESIDENTIAL LOTS AND TWO COMMERCIAL TRACTS),
WHICH IS A REPLAT OF KEY HAVEN 4 TH ADDITION LOTS
19-23; KEY HAVEN 9 TH ADDITION LOTS 3-8 AND 11-24;
AND ENCHANTED ISLAND LOTS 39-44, 63-72, AND 77-83,
LOCATED WITHIN SECTIONS 25 AND 26, TOWNSHIP 67,
RANGE 25 EAST, MONROE COUNTY.
WHEREAS, Key Haven Estates, LLC ("Subdivider") has requested an extension for the
completion of the improvements required by Section 110-100 of the Monroe County Code; and
WHEREAS, Board of County Commissioners approved a Development Agreement on
February 9, 2005 pertaining to the subject properties (as memorialized in Resolution #85-2005).
The Agreement is between Key Haven Estates, Ltd. (predecessor in interest to Subdivider) and
Monroe County and the permitted uses outlined in the Agreement is for up to forty-three (43)
single-family residences (on 43 lots) and up to 10,000 square feet of commercial floor area; and
WHEREAS, the Planning Commission approved the Preliminary Plat on September 13,
2006 for the subdivision of land into forty-three (43) residential lots and two (2) commercial
tracts to be known as Key Haven Estates; and
WHEREAS, the Final Plat for the subdivision of land into forty-three (43) residential
lots and two (2) commercial tracts to be known as Key Haven Estates, which was signed and
sealed by Frederick H. Hildebrandt on March 8, 2008, was reviewed and recommended for
approval by the Development Review Committee on June 10, 2008 and the Planning
Commission on June 11, 2008; and
WHEREAS, the Board of County Commissioners approved the Final Plat for the
subdivision of land into forty-three (43) residential lots and two (2) commercial tracts to be
known as Key Haven Estates, on August 20, 2008, as memorialized by Resolution #251-2008;
and
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WHEREAS, Chapter 110 of the Monroe County Code requires the completion of certain
improvements within two (2) years of plat recording and provides that a surety bond is an
acceptable improvement guarantee to guarantee the installation of all improvements required by
Chapter 110; and
WHEREAS, the Subdivider of the subject properties obtained and maintained a surety
bond that meets the requirements of Section 110-100(c)(3) of the Monroe County Code ; and
WHEREAS, pursuant to Florida S.B. 360, Subdivider was granted a two (2) year
extension to complete the infrastructure; and
WHEREAS, pursuant to Florida H.B. 503, Subdivider was granted a two (2) year
extension to complete the infrastructure (August 20, 2014); and
WHEREAS, the Subdivider of the subject properties has completed substantial work
(approximately $932,247.35 to date as shown on the attached Exhibit A-1) on the subject
properties, including but not limited to fire systems, underground sewer, environmental
mitigation and fill; however, with the exception of 17 residential lots that are complete,
Subdivider has not completed the installation of all of the required improvements within the
timeframe provided by the Monroe County Code; however, the Monroe County Code indicates
the County may inform the surety bond company the improvements have not been completed
and take necessary actions to completed the required improvements; and
WHEREAS, Subdivider will need to spend approximately $1,818,980.00 to complete the
infrastructure as shown on the attached Exhibit A-2; and
WHEREAS, the purpose and intent of requiring a surety bond is to reduce the risk that
the individual lots that comprise the Property would be sold to individuals without infrastructure;
and
WHEREAS, the owner is willing to agree not to sell such individual lots that comprise
property without full and operational infrastructure, according to Exhibit B; and
WHEREAS, based upon the information and documentation submitted, the Board of
County Commissioners makes the following Findings of Fact and Conclusions of Law:
1. The approval of an extension for the completion of the installation of all of the
required improvements is not inconsistent with said Monroe County Code due to the
fact that the procedure set forth in the Monroe County Code for failure to complete
the installation of the required improvements is discretionary.
2. Subdivider has extended the surety bond until November 29, 2015 and agrees to
extend the bond for the second year of the extension at such time as the premium
becomes due and payable. .
3. Subdivider has agreed to the Deed Restriction attached hereto as Exhibit B.
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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 extension for two (2) years
from the date of this resolution for the completion of the improvements required by Section 110-
100 of the Monroe County Code for the final plat for subdivision of land into 43 residential lots
and two commercial tracts to be known as Key Haven Estates.
PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS of
Monroe County, Florida, at a regular meeting held on the 101h of December, 2014.
Mayor Danny L. Kolhage YPs
Mayor pro tem Heather Carruthers Yes
Commissioner Sylvia Murphy Yes
Commissioner George Neugent Yes
Commissioner David Rice Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
Mayor . Kolhage
[Y HEAVILIN, CLERK
Deputy Clerk
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MO�R�OE COUNTY ATTORNEY
ROE
A O FORM:
L-7.W_
STEVEN t. WILOAMS
ASSISTANT COUIITY ATTORNEY
Date /t /�al / 41
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KEY HAVEN ESTATES
WORK COMPLETED TO DATE
KEY HAVEN ESTATES
WORK TO BE COMPLETED
Item No.
Description
QNTY
Unit
Unit Price
Amount
1.01
Clearing
1
LS
$15,000.00
$15,000.00
1.02
Earthwork
Fill (assumes 1.5 ft over triangle area)
5,439
CY
$15.00
$81,585.00
Grading
69,280
SY
$2.00
$138,560.00
1.03
Erosion Control
1
LS
$62,500.00
$62,500.00
1.04
Water Distribution (Calculated Separately)
$159,010.00
1.05
Wastewater Collection System
Gravity Sewer 8-Inch Pipe
834
LF
$75.00
$62,550.00
Service Laterals - 4 Inch
635
LF
$50.00
$31,750.00
Service Connection - 8 Inch x 4 Inch Wye
13
EA
$1,500.00
$19,500.00
Force Main
2 Inch Poly
2,770
LF
$30.00
$83,100.00
4-Foot Manhole
5
EA
$7,500.00
$37,500.00
Cleanout and Cleanout Box
29
EA
$1,000.00
$29,000.00
Connect to Existing Sewer Main (Key Haven Terrace)
1
EA
$3,000.00
$3,000.00
Grinder Pump\Lift Station
2
LS
$50,000.00
$100,000.00
Force Main Connection to Existing Manholes - 8 Inch
1
EA
$1,500.00
$1,500.00
1.06
Pavement
Base Course
8,874
SY
$10.00
$88,740.00
Surface Course -Type 3
8,874
SY
$20.00
$177,480.00
Traffic Striping
1
LS
$15,000.00
$15,000.00
1.07
Concrete
Curbs
Type D
5,550
LF
$17.00
$94,350.00
Sidewalks/Driveways 4" Thick
27,900
SF
$10.00
$279,000.00
1.08
Stormwater Mgt. System
Storm Pipe in Place
825
LF
$75.00
$61,875.00
Storm Inlets
2
EA
$5,000.00
$10,000.00
Baffle Box and Injection Well
1
EA
$35,000.00
$35,000.00
Storm Pipe Mitered Inlet Assemblies
60
EA
$1,500.00
$90,000.00
1.09
Electrical
1
LS
$90,000.00
$90,000.00
Total of Unit Prices
$1,766,000.00
1.10
General Conditions 3%
$52,980.00
1.11
Estimated Construction Cost
$1,818,980.00
1.12
Guarantee Construction Cost (130% of the estimated construction cost)
$2,364,674.00
1.13
Owner's Engineering and Platting Cost
$5,000.00
1.14
County Enqineering and Inspection Costs
$5,000.00
1.15
Preacce tance maintenance cost 10% of the construction cost
$181,898.00
1.16
Damacle and nuisance guarantee (5% of the construction cost)
$90,949.00
TOTAL COST FOR GUARANTEE AMOUNT
I
1
$2,647,521.00