Item J2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 17. 2003 Division: Growth Management
Bulk Item: Yes No X Department. N/A
AGENDA ITEM WORDING: Approval of an Agreement for the Built-Out Hawk's Cay
Development of Regional Impact between the Florida Department of Community Affairs,
Monroe County, Hawk's Cay Investors, Ltd., and Hawk's Cay Developers, Ltd., pursuant to
Sections 380.032 and 380.06(15), Florida Statutes.
ITEM BACKGROUND: The Hawk's Cay DR! will expire in January 2004; however, the 18
affordable hotel staff quarters, 14 of which are now under construction, and the two hotel units to
be transferred from Development Corridor 5 to the Commercial area of Hawk's (pending
approval by the Board at the 5 :00 p.m. public hearing scheduled on December 17) will not be
completed by the expiration date. This proposed agreement, which is authorized under Section
380.06(15), Florida Statutes, will allow these final elements of the approved to be completed
beyond the expiration date of the DR!. This proposed agreement will be considered by the Board
of County Commissioners immediately following the public hearing to consider proposed
amendments to the Hawk's Cay DR! Development Order and Major Development Approval.
PREVIOUS RELEVANT BOARD ACTION: Approved latest amendment to DR!/Major
Development Approval on June 19,2002.
CONTRACT/AGREEMENT CHANGES: N/ A
STAFF RECOMMENDATION: Approval
TOTAL COST: N/A BUDGETED: Yes No N/A
COST TO COUNTY: N/A SOURCE OF FUNDS: N/A
REVENUE PRODUCING:Yes No X AMOUNT PER MONTH N/A YEAR
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DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included To follow X Not Required __
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DISPOSITION: AGENDA ITEM #: ~z..
1::l~11':l222b/':l DCA GENERAL COUNSEL PAGE El2/B2
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. :;::-2
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
JEB aU.!H COLLI&N CASTILLE
Governor Secrotary
December 16, 2003
Robert Wolfe, Esq.
Monroe County Anomey's Ollice
Post Office Box J 026
Key West, Florida 33041-1026
RE: Hawk's Cay DRI built.out Agreement
Dear Mr. Wolfe:
The Department has reviewed the proposed "built-out" agreement proposed by the Owner of the
Hawk's Cay project. The Department concurs that the project is an essentially built-out
development of regional impact. The agreement as contemplated is consistent with the
provisions of Section 380.06(15), Flo.rida Statutes, and the Department is agreeable to becoming
a signatory to the agreement as proposed.
If you have any additional questions or needs. please contact me at (850) 488-0410.
Sincerely,
--- ~
/ ~#fL, L
Timothy E. Dermis
Assistant General Counsel
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cc: Bob Apgar, Esq.
Rebecca Jetton, ACSC Administrator
Tim McGarry. AICP
2555 SHUMARD OAK BOULEVARD . TAL L A HAS SEE. "L 0 RID A J Z 3 9 . -2 1 0 0
Phone. 850 488 8465/Suncom 278.8466 FAX: 850.921 07B1/Suncom 291.0781
Internet address. !l.U-p./fwww dca.Slat~
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AGENDA ITEM WITH LATE DOCUMENTATION
DIVISION /ljlmJ nJ /I/!Jm!fJt.LLt
DEPARTMENT /f//A
SUBJECT -lJd
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DATE ITEM WILL BE AVAILABLE /c2-5 -()~
AGENDA ITEM NUMBER