Item J3BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 21, 2015 Department: Planning & Environmental Resources
Bulk Item: Yes X No _ Staff Contact /Phone #: Mayte Santamaria 289- 2562
AGENDA ITEM WORDING: Approval of Resolution for 6,850 square feet exemption from the Non -
Residential Rate of Growth Ordinance (NROGO) permit allocation system pursuant to Monroe Code Section 138-
50(4) for Mote Marine Laboratory, Inc., a not for profit 501(c)(3) organization, located at 24244 US Highway 1,
Summerland Key, Florida and is legally described as Lots 14 through 20, Block 2, Summerland Key Cove
Addition Number 2, having real estate numbers: 00190870.000000; 00190880.000000; 00190890.000000;
00190900.000000; 00190910.000000; 00190920.000000; and 00190930.000000.
ITEM BACKGROUND: Section 138-50 provides an NROGO exemption for: Development activity for certain
not -for -profit organizations. Except for the nonpublic institutional uses on Big Pine Key and No Name Key
pursuant to section 138-49, nonresidential development activity within tier III designated areas by federally tax
exempt not -for -profit educational, scientific, health, religious, social, cultural and recreational organizations
which predominately serve the county's non -transient population, if approved by the board of county
commissioners after review and recommendation by the planning director and planning commission. This
exemption is subject to the condition that a restrictive covenant be placed on the property prior to the issuance of
a building permit. The restrictive covenant shall run in favor of the county for a period of at least 20 years. Any
change in the use or ownership of the property subject to this restrictive covenant shall require prior approval by
the planning commission, unless the total floor area exempted by the planning commission is obtained through an
off -site transfer of floor area and/or nonresidential floor area allocation. If the total amount of floor area that is
transferred and/or allocated meets or exceeds the total amount of floor area exempted, the restrictive covenant
shall be vacated by the county. This exemption is not applicable to nonresidential development proposed within
any tier I or tier III -A (special protection area) designated areas.
The NROGO shall not apply to the development described below:
Mote Marine Laboratory, Inc. a not -for -profit 501(c)(3) organization, filed a request for 6,850 square feet
exemption from NROGO for Mote Marine Laboratory's Tropical Research facility to redevelop and expand the
research facility to facility and expand Motes' research mission in the Florida Keys.
The Planning Commission held a public hearing in Marathon on September 30, 2015 and recommended approval
of the item to the Board of County Commissioners as indicated in Resolution No. P25-15.
PREVIOUS RELEVANT BOCC ACTION:
December 20, 2001, BOCC approved Resolution 504-2001 exempting 779 square feet from NROGO to Mote
Marine Laboratory.
March 212007, BOCC approved Resolution 096-2007 exempting 1,152 square feet from NROGO to Mote Marine
Laboratory.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: N/A INDIRECT COST: BUDGETED: Yes No N/A
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: N/A SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes No N/A AMOUNT PER MONTH N/A Year -
APPROVED BY: County Attorne Ykc'W
OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
RESOLUTION NO. -2015
A RESOLUTION BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS APPROVING THE
REQUEST BY MOTE MARINE LABORATORY, INC
FOR AN EXEMPTION OF 6,850 SQUARE FEET FROM
THE NON-RESIDENTIAL RATE OF GROWTH
ORDINANCE (NROGO) PERMIT ALLOCATION
SYSTEM; PURSUANT TO SECTION 138-50(4) OF THE
MONROE COUNTY CODE.
WHEREAS, Monroe County Code Section 138-50(4) provides an exemption for Development
activity for certain not -for -profit organization which is nonresidential development activity within tier III
designated areas by federally tax exempt not -for -profit educational, scientific, health, religious, social,
cultural and recreational organizations which predominately serve the county's non -transient population,
if approved by the Board of county Commissioners (BOCC); and
WHEREAS, an NROGO Exemption is subject to a restrictive covenant for at least twenty (20)
years be place on the property prior to the issuance of the permit; and
WHEREAS, Mote Marine Laboratory, Inc. filed a NROGO Exemption request to redevelop and
expand the research facility to facilitate and expand Motes' research mission in the Florida Keys; and
WHEREAS, the subject property is located at 24244 US Highway 1, Summerland Key, Florida
and is legally described as Lots 14 through 20, Block 2, Summerland Key Cove Addition Number 2, Real
Estate Numbers: 00190870.000000; 00190880.000000; 00190890.000000; 00190900.000000;
00190910.000000; 00190920.000000; and 00190930.000000; and
WHEREAS, the subject property is located in Suburban Commercial (SC) Land Use District and
has a Future land Use Map (FLUM) Designation: Mixed Use/Commercial (MC); and
WHEREAS, the subject property is designated as Tier III; and
WHEREAS, Mote Marine Laboratory, Inc. is a not -for -profit 501(c)(3) organization pursuant to
Chapter 212, Florida Statues; and
WHEREAS, Monroe County Code Section 101-1 defines, Institutional use as a use that serves
the recreational, religious, educational, cultural or health needs of the community, including educational
and scientific research facilities that serve the region and day care and preschool facilities.
WHEREAS, during the regularly scheduled meeting held on September 30, 2015, the Monroe
County Planning Commission conducted a review and consideration of the request filed by Mote Marine
Mote Marine Laboratory, Inc. BOCC NROGO Exemption Resolution Page I of 3
Laboratory, Inc. and recommended approval of the request to the BOCC in Planning Commission
Resolution P25-15 based on the following Findings of Fact and Conclusions of Law:
1. Mote Marine Laboratory, Inc. requested an exemption to the NROGO permit allocation system
for 6,850 square feet to redevelop and expand the research facility to facilitate and expand
Motes' research mission in the Florida Keys on Lots 14 through 20, Block 2, Summerland Key
Cove Addition Number 2 Real Estate Numbers: 00190870.000000; 00190880.000000;
00190890.000000; 00190900.000000; 00190910.000000; 00190920.000000; and
00190930.000000 and
2. The proposed non-residential development is considered an institutional use and may be
permitted in the Sub Urban Commercial (SC) Land Use District; and
3. The property is subject property is designated as Tier 3; and
4. In accordance with Monroe County Code Section 138-50(4), the Planning Commission may
recommend an exemption from the NROGO for development activity for certain not -for -profit
organizations; and
5. Mote Marine Laboratory, Inc. is a not -for -profit 501(c)(3) pursuant to Chapter 212, Florida
Statues; and
6. Mote Marine Laboratory's research facility on Summerland Key is a fully equipped marine
science facility dedicated to marine research and education in the Florida Keys; thereby, it
predominately serves the county's permanent population; and
7. On December 20, 2001, the BOCC passed Resolution 504-2001 which granted the first request
by Mote Marine Laboratory for an exemption from the NROGO in order to convert existing
residential floor area to non-residential floor area at the research facility on Summerland Key;
and
8. On March 21, 2007, the BOCC passed Resolution #096-2007 which approved a second request
for an exemption of 1,152 SF from the NROGO permit allocation system. The exemption was
provided to Mote Marine Laboratory to facilitate the construction of a new coral culture
greenhouse (note: the subject coral culture greenhouse was never permitted and constructed).
9. The institutional use must comply with County level of service standards and all applicable land
development regulations and the Monroe County Comprehensive Plan; and
WHEREAS, the BOCC has duly considered the recommendations, Finding of Fact and
Conclusions of Law of the Monroe County Planning Commission and adopts them as their own.
NOW THEREFORE BE IT RESOLVED BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS, that the preceding Findings of Fact and Conclusions of Law support the decision
to recommend APPROVE to the request by Mote Marine Laboratory, Inc. a not -for -profit 501(c)(3)
organization for an exemption of 6,850 square feet from the Non- Residential Rate of Growth Ordinance
(NROGO) permit allocation system pursuant to Monroe County Code Section 138-50(4) subject to the
following conditions.
Mote Marine Laboratory, Inc. BOCC NROGO Exemption Resolution Page 2 of 3
1. Mote Marine Laboratory, Inc. continues to meet the requirements for federal tax exempt not -for -
profit educational, scientific, criteria of the Monroe County Code which predominately serves the
county's non -transient population; and
2. Mote Marine Laboratory, Inc. obtains required building permit(s) and.
3. A restrictive covenant running in favor of the county for a period of at least 20 years will be
required; and
4. Any change in the use or ownership of the property subject to this restrictive covenant shall
require prior approval by the Planning Commission, unless the total floor area exempted by the
Planning Commission is obtained through an off -site transfer of floor area and/or nonresidential
floor area allocation. If the total amount of floor area that is transferred and/or allocated meets or
exceeds the total amount of floor area exempted, the restrictive covenant shall be vacated by the
county; and
5. Prior to the issuance of the building permit(s) the required restrictive covenant is approved by the
Planning and Environmental Resources Director and County Attorney prior to the issuance of the
building permit.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
regular meeting held on the 21th day of October 2015.
Mayor Danny Kolhage
Commissioner George Neugent
Commissioner Heather Carruthers
Commissioner David Rice
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
I:
(SEAL)
ATTEST: Amy Heavilin, CLERK
Un
Mayor Danny Kolhage
MONROE COUNTY ATTORNEY
_@ M:
MPRSTEOEN T O FOR
WILLIAMS
ASSISTANT CpUN ATTORNEY
Date d
I'�'
Mote Marine Laboratory, Inc. BOCC NROGO Exemption Resolution Page 3 of 3
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st�k,,��k pS
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MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fair
To: Monroe County Board of County Commissioner
Through: Mayte Santamaria, Sr. Director of Planning and Environmental Resources
From: Tiffany Stankiewicz, Development Administrator
Date: October 2, 2015
Subject: Request for an Exemption from the Non -Residential Rate of Growth
Ordinance (NROGO) by Mote Marine Laboratory, Inc., located at 24244
US Highway 1, Summerland Key, Mile Marker 24 (File # 2015-158)
Meeting Date: October 21, 2015
I. REQUEST:
Mote Marine Laboratory, LLC, a not -for -profit organization, is requesting an exemption of 6,850
square feet of non-residential floor area from the Non -Residential Rate of Growth Ordinance
(NROGO) permit allocation system for Mote Marine Laboratory's Tropical Research facility to
redevelop and expand the research facility to facilitate and expand Motes' research mission in the
Florida Keys
Subject Property (outlined in blue) Summerland Key (2015)
Page 1 of 4 File # 2015-158
II. BACKGROUND INFORMATION:
Location: Summerland Key, MM 24 (Atlantic Oceanside of US1)
Address: 24244 US Highway 1
Legal Description: Lots 14 through 20, Block 2, Summerland Key Cove Addition Number 2
Real Estate Numbers: 00190870.000000; 00190880.000000; 00190890.000000;
00190900.000000; 00190910.000000; 00190920.000000; and 00190930.000000;
Land Use District: Suburban Commercial (SC)
Future land Use Map (FLUM) Designation: Mixed Use/Commercial (MC)
Tier Designation Tier III
Applicant: Mote Marine Laboratory, Inc.
Agent: Glen Darling, Hall Architects PA
III. RELEVANT PRIOR COUNTY ACTIONS:
On December 20, 2001, the BOCC approved an exemption of 779 SF from the
NROGO permits allocation system. The approval is memorialized by Resolution #504-2001
(Planning Department File #21032). The exemption was provided to Mote Marine Laboratory to
facilitate the conversion of an apartment to a laboratory.
On June 19, 2003, representatives of Mote Marine Laboratory had a pre -application
conference with Planning Department staff regarding a proposed coral culture greenhouse and
open tanks. A Letter of Understanding was issued on July 10, 2003 (note: the subject coral culture
greenhouse was never permitted and constructed).
On March 21, 2007, the BOCC approved an exemption of 1,152 SF from the
NROGO permit allocation system. The approval is memorialized by Resolution #096-2007
(Planning Department File #26097). The exemption was provided to Mote Marine Laboratory to
facilitate the construction of a new coral culture greenhouse (note: the subject coral culture
greenhouse was never permitted and constructed).
On June 17, 2014, the Planning Department issued a Letter of Understanding concerning the
redevelopment of the Mote Marine Laboratory. The proposal was for 6,505 square feet of
nonresidential floor area (office/research related), two apartments, and six dorm rooms (note: to
date a building permit application has not been submitted for the proposal).
The June 17, 2014, letter also recognized nine (9) ROGO exempt dwelling units were lawfully
established on the property, and found there were currently 4,076 SF of nonresidential floor
area in existence and 1,931 SF (779+1,152) of nonresidential floor area exemption previously
granted by the Board of County Commissioners.
On September 30, 2015, the Planning Commission approved an exemption of 6,850 square feet
from NROGO. The approval is memorialized by Resolution P25-15.
Page 2 of 4 File # 2015-158
IV. REVIEW OF CRITERIA
Monroe County Code Section 138-50(4) provides an exemption for "Development activity for
certain not -for -profit organizations. Except for the nonpublic institutional uses on Big Pine Key
and No Name Key pursuant to section 138-49, nonresidential development activity within tier III
designated areas by federally tax exempt not -for -profit educational, scientific, health, religious,
social, cultural and recreational organizations which predominately serve the county's non -transient
population, if approved by the board of county commissioners after review and recommendation by
the planning director and planning commission. This exemption is subject to the condition that a
restrictive covenant be placed on the property prior to the issuance of a building permit. The
restrictive covenant shall run in favor of the county for a period of at least 20 years. Any change in
the use or ownership of the property subject to this restrictive covenant shall require prior approval
by the planning commission, unless the total floor area exempted by the planning commission is
obtained through an off -site transfer of floor area and/or nonresidential floor area allocation. If the
total amount of floor area that is transferred and/or allocated meets or exceeds the total amount of
floor area exempted, the restrictive covenant shall be vacated by the county. This exemption is not
applicable to nonresidential development proposed within any tier I or tier III -A (special protection
area) designated areas."
Monroe County Code Section 101-1 defines, Institutional use as a use that serves the recreational,
religious, educational, cultural or health needs of the community, including educational and
scientific research facilities that serve the region and day care and preschool facilities.
Mote Marine Laboratory, Inc. is a not -for -profit 501(c)(3) organization pursuant to Chapter 212,
Florida Statutes. Mote Marine Laboratory's Tropical Research facility is a fully equipped marine
science facility dedicated to marine research and education the Florida Keys. In addition to
providing a base of operation for Mote Marine Laboratory's research programs in the area which are
open to marine research or education programs. Many educational programs and workshops open
to residents of Monroe County. Mote Marine Laboratory, Inc. is proposing to redevelop and expand
the research facility to facilitate and expand Motes' research mission in the Florida Keys.
The subject property is located in tier III and the proposal meets the NROGO Exemption criteria
and the definition of institutional use. If this request is approved by the BOCC, Mote Marine
Laboratory, Inc. will be required to have a restrictive covenant that shall run in favor of Monroe
County for a period of 20 years.
V. RECOMMENDATION
Staff recommends APPROVAL to the Board of County Commissioners for an exemption of 6,850
square feet of non-residential floor area from the Non -Residential Rate of Growth Ordinance
(NROGO) with the following conditions:
A. Pursuant to Monroe County Code Section 138-50(4) a restrictive covenant running in
favor of the county for a period of at least 20 years will be required.
Page 3 of 4 File # 2015-158
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B. Pursuant to Monroe County Code Section 138-50(4) any change in the use or ownership
of the property subject to this restrictive covenant shall require prior approval by the
planning commission, unless the total floor area exempted by the planning commission is
obtained through an off -site transfer of floor area and/or nonresidential floor area
allocation. If the total amount of floor area that is transferred and/or allocated meets or
exceeds the total amount of floor area exempted, the restrictive covenant shall be vacated
by the county.
C. Mote Marine Laboratory, Inc. continues to meet the requirements for federal tax exempt
not -for -profit educational, scientific, criteria of the Monroe County Code which
predominately serves the county's non -transient population.
D. Mote Marine Laboratory, Inc. obtains required building permit(s).
E. Prior to the issuance of the building permit(s) the required restrictive is approved by the
Planning and Environmental Resources Director and the County Attorney.
Page 4 of 4 File # 2015-158
o
4
16€30 Ken Thompson Par way Sarasota. FL 34236 MOTE.ORG
P' on, : 941 388.4441 - 7 fr mote a ;f
July 29, 2015
Monroe County Planning Department
2798 Overseas Highway, Suite 410
Marathon, Florida 33050
Dear Sir/Madam:
G. Lowe Morrison
Charman, Board of Trustees
Michael P. Crosby, Ph.D.
President & CEO
Please accept this letter as a request for an NROGO exemption for Mote Marine
Laboratory's Tropical Research facility at 24244 Overseas Highway, Summerland Key. The
exemption request is for 6,850 square feet to be used for laboratory space to facilitate
Mote's research mission in the Florida Keys.
Mote Marine Laboratory's coral reef researchers are dedicated to monitoring,
understanding and restoring coral reefs by working independently and by partnering in
science -based reef -related projects with many organizations including the Florida Keys
National Marine Sanctuary, The Nature Conservancy, Florida universities, community
volunteer groups and others.
Coral restoration is a priority of Mote's world -class research focused on the conservation
and sustainable use of our ocean's natural resources. As the southernmost marine
laboratory in the continental U.S., Mote's Tropical Research Laboratory, is uniquely
positioned to support the combined efforts of Florida and our nation for the study and
restoration of coral reef ecosystems.
Mote researchers have recently developed innovative science -based technology to restore
these vital systems. Today, we are growing thousands of coral fragments in nurseries in the
wild using naturally occurring genetic strains that we believe most likely to survive
changing ocean conditions.
BOCAGRAHDEOFFICE CHARLOTTEHARBOR MOTEAQUACULTURE PARK MOTELIVINGREEF DIHIBITATTHE TROPJCAL RESEARCH LABORATORY
RESEARCH STATION NOAA ECO-DISCOVERY CENTER
Monroe County Planning Department
July 29, 2015
Page 2
One of our most exciting breakthroughs has been the development of a new coral "re -
skinning" process that allows us to restore large areas of reef -building corals in just one to
two years instead of the hundreds of years it might take nature to rebuild a reef on its own.
The cutting -edge technology of re -skinning allows small fragments of brain, boulder and
star coral to rapidly fuse back together to form new coral head over the dead skeleton.
These techniques give us hope that full-scale restoration is possible in our lifetime. Yet
now, more than ever before, we find ourselves in need of new facilities to continue our
work. Our Tropical Research Laboratory is a hotbed of marine science, education and
conservation- addressing the global threats facing coral reefs.
The NROGO exemption will provide the modern infrastructure relief we need to continue
and expand the impacts of our critical work, while still maintaining a start -of -the -art
facility capable of allowing our scientists to make new advances far into the future.
Thank you for your consideration.
A copy of our Tax Exempt Certificate is enclosed.
Sincerely
Michael P. rosby, Ph.D., FLS \
President & CEO 1
Enclosure
I Consumer's Ce ica e of Exemption ; R.DRn,
04
Issued Pursuant to Chapter 2M Florida Statutes
-1—.-.- _ ... ., . _ ..
08/31/2012 0841/2017 501(C)(3) ORGANIZATION
Efieetwu onto &m.1101 lieu Goa 011 CM'gmy - $-.
MOTE MARINE LABORATORY INC
' 600 KEN THOMPSON PKINJY
SARASOTA FL 34235-1004
IS exempt from the payment of Florida sales and use tax on real property rented, Imnalent rdnial property rented. l.'tngible
pers;onal property purchased or rented, or=vvkm puic triad.
Important Intbrmation for Exempt Organizaltions
DR44
R. Odh1
1. You must provide all vendors and suppliers %-pith an exemption curUhcate before making tax-exempt purchases:.
See Rule 12A-1.038. Florida Administrative Code IFA.C.).
2. Your Consumer's Cerbfreote of Exempeon is to be used solely by your oig miraUon for your organi.atiors'a
customary nonprofit activities.
3. Purchases made by an Individual on behalf of the organL*atton .ire taxablo. even if the irxlividual avid be
reimbursed by the organization.
This exemption applies only to purch=es your organization rnnkoa The sole or lease to others of tangible
personal property, sleeping accommodations, or otner real property is taxable. Your organL-alien must register.
and coilsct and remit sales and use tax cn such taxable Iran ,.utionu Moto: Churches are exempt from this
requirement except when they are the lessor of real property (Ruh± IPA-1.070, F.A.C.).
5. It is a criminal offense to fraudulen ft present M certificale to evade the payment of tales tax. Under no
circumstances should this certificate be used for the personal benefit of any individual. Violators will oe liable for
payment of the sates tax plus a penally of 200% of the lax, and rnav be :ubjr cl: to conviction of a third-degrce
felony. Any violation vAN require the revocation of this cwrlHicate.
S. It you have questions regarding your exemption certificate, filear.L contact the Exemption Unit of Account
Management at 800-352-36i 1. From the availzble optinnr. select-Rrhliistratton of Taxus," Hum-ReWstratia,
Information.' and finally "Exemption Certific:rtar, and IJouprofit rniiltou' The mallinq address W. PO Dox 6480.
Tallahassee, FL 32314-6480.
Detail by Entity Name Page 1 of 3
Detail by Entity Name
Florida Not For Profit Corporation
MOTE MARINE LABORATORY, INC.
Filing Information
Document Number 713693
FEI/EIN Number 59-0756643
Date Filed 11/21/1967
State FL
Status ACTIVE
Principal Address
1600 KEN THOMPSON PARKWAY
SARASOTA, FL 34236
Changed: 01/26/2001
Mailing Address
1600 KEN THOMPSON PARKWAY
SARASOTA, FL 34236
Changed: 01/26/2001
Registered Agent Name & Address
SMITH, DENA J
1600 KEN THOMPSON PARKWAY
SARASOTA, FL 34236
Name Changed: 01/26/2001
Address Changed: 01/26/2001
Officer/Director Detail
Name & Address
Title AS
SMITH, DENA J
1600 KEN THOMPSON PARKWAY
SARASOTA, FL 34236
Title TREA
CROWELL, HOWARD G
}tttn•IlePorn�onnhi°si...../i...,.,:....//"'............�:....Q....-..L/0...._..Ln___.t.r�_._,:en• •... r-�
Detail by Entity Name 0 Page 2 of 3
1600 KEN THOMPSON PARKWAY
SARASOTA, FL 34236
Title CHAIRMAN
MORRISON, G.LOWE
1600 KEN THOMPSON PARKWAY
SARASOTA, FL 34236
Title VC
ESSNER,ROBERT
1600 KEN THOMPSON PARKWAY
SARASOTA, FL 34236
Title P
CROSBY, MICHAEL P
1600 THOMPSON PARKWAY
SARASOTA, FL
Title SEC
CALLANEN, MICKEY
1600 KEN THOMPSON PARKWAY
SARASOTA, FL 34236
Annual ReDorts
Report Year
Filed Date
2014
02/27/2014
2015
04/06/2015
2015
08/20/2015
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RESOLUTION #P25-15
A RESOLUTION BY THE MONROE COUNTY
PLANNING COMMISSION RECOMMENDING
APPROVAL OF THE REQUEST BY MOTE MARINE
LABORATORY, INC FOR AN EXEMPTION OF 6,850
SQUARE FEET FROM THE NON-RESIDENTIAL RATE
OF GROWTH ORDINANCE (NROGO) PERMIT
ALLOCATION SYSTEM; PURSUANT TO SECTION 138-
50(4) OF THE MONROE COUNTY CODE
WHEREAS, the Monroe County Planning Commission during a regular public meeting held on
September 30, 2015, conducted a public hearing to review, discuss, and make formal motions
regarding the request filed by Mote Marine Laboratory, Inc. to redevelop and expand the research
facility to facilitate and expand Motes' research mission in the Florida Keys; and
WHEREAS, the subject property is located at 24244 US Highway 1, Summerland Key, Florida and
is legally described as Lots 14 through 20, Block 2, Summerland Key Cove Addition Number 2,
Real Estate Numbers: 00190870.000000; 00190880.000000; 00190890.000000; 00190900.000000;
00190910.000000; 00190920.000000; and 00190930.000000; and
WHEREAS, the subject property is located in Suburban Commercial (SC) Land Use District and
has a Future land Use Map (FLUM) Designation: Mixed Use/Commercial (MC); and
WHEREAS, the subject property is designated as Tier III; and
WHEREAS, Mote Marine Laboratory, Inc. is a not -for -profit 501(c)(3) organization pursuant to
Chapter 212, Florida Statues; and
WHEREAS, Monroe County Code Section 138-50(4) in part provides an exemption for
Development activity for certain not -for -profit organization which is nonresidential development
activity within tier III designated areas by federally tax exempt not -for -profit educational, scientific,
health, religious, social, cultural and recreational organizations which predominately serve the
county's non -transient population; and
WHEREAS, Monroe County Code Section 101-1 defines, Institutional use as a use that serves the
recreational, religious, educational, cultural or health needs of the community, including educational
and scientific research facilities that serve the region and day care and preschool facilities.
WHEREAS, the Planning Commission was presented with the following information, which by
reference is hereby incorporated as part of the record of said hearing:
1. The request of Mote Marine Laboratory, Inc.; and
Resolution P25-15 Page 1 of 3
2. The staff report prepared by Tiffany Stankiewicz, Development Administrator, dated September
21, 2015;
3. The sworn testimony by the Monroe County Growth Management Division staff; and comments
by John Wolfe, Esquire; and
WHEREAS, the Public was given an opportunity to speak; and
WHEREAS, the Planning Commission makes the following Finding of Fact and Conclusions of
Law:
1. Mote Marine Laboratory, Inc. requested an exemption to the NROGO permit allocation
system for 6,850 square feet to redevelop and expand the research facility to facilitate and
expand Motes' research mission in the Florida Keys on Lots 14 through 20, Block 2,
Summerland Key Cove Addition Number 2 Real Estate Numbers: 00190870.000000;
00190880.000000; 00190890.000000; 00190900.000000; 00190910.000000;
00190920.000000; and 00190930.000000 and
2. The proposed non-residential development is considered an institutional use and may be
permitted in the Sub Urban Commercial (SC) Land Use District; and
3. The property is subject property is designated as Tier 3; and
4. In accordance with Monroe County Code Section 138-50(4), the Planning Commission may
recommend an exemption from the NROGO for development activity for certain not -for -
profit organizations; and
5. Mote Marine Laboratory, Inc. is a not -for -profit 501(c)(3) pursuant to Chapter 212, Florida
Statues; and
6. Mote Marine Laboratory's research facility on Summerland Key is a fully equipped marine
science facility dedicated to marine research and education in the Florida Keys. Thereby, it
predominately serves the county's permanent population; and
7. On December 20, 2001, the Board of County Commissioners (BOCC) passed Resolution
504-2001 which granted the first request by Mote Marine Laboratory for an exemption
from the NROGO in order to convert existing residential floor area to non-residential
floor area at the research facility on Summerland Key; and
8. On March 21, 2007, the BOCC approved a second request for an exemption of 1,152
SF from the NROGO permit allocation system. The approval is memorialized by
Resolution #096-2007. The exemption was provided to Mote Marine Laboratory to facilitate
the construction of a new coral culture greenhouse (note: the subject coral culture
greenhouse was never permitted and constructed).
9. The institutional use must comply with County level of service standards and all applicable
land development regulations and the Monroe County Comprehensive Plan; and
Resolution P 15 Page 2 of 3
NOW THEREFORE BE IT RESOLVED BY THE PLANNING COMMISSION OF
MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of Law
support the decision to recommend APPROVAL to the Board of County Commissioners of the
request by Mote Marine Laboratory, Inc. a not -for -profit 501(c)(3) organization for an exemption of
6,850 square feet from the Non- Residential Rate of Growth Ordinance (NROGO) permit allocation
system pursuant to Monroe County Code Section 138-50(4) subject to the following conditions.
1. A restrictive covenant running in favor of the county for a period of at least 20 years will be
required; and
2. Any change in the use or ownership of the property subject to this restrictive covenant shall
require prior approval by the planning commission, unless the total floor area exempted by the
planning commission is obtained through an off -site transfer of floor area and/or nonresidential
floor area allocation. If the total amount of floor area that is transferred and/or allocated meets or
exceeds the total amount of floor area exempted, the restrictive covenant shall be vacated by the
county; and
3. Mote Marine Laboratory, Inc. continues to meet the requirements for federal tax exempt not -for -
profit educational, scientific, criteria of the Monroe County Code which predominately serves the
county's non -transient population; and
4. Mote Marine Laboratory, Inc. obtains required building permit(s).
PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a regular
meeting held on the 30th day of September 2015.
Chairman Werling
YES
Commissioner Wiatt
YES
Commissioner Miller
YES
Commissioner Ramsay-Vickrey
YES
Commissioner Lustberg
ABSENT
Planning Commission of FILED WITH
Monroe Coun , Florida
r
BY E F 01
Denise WLerling, Chairman
Signed this 30th day of September 2015.
AGENCYCLERK
Resolution P2S-15 Page 3 of 3
Return to:
Monroe County
Growth Management Division
2798 Overseas Highway
Marathon, Florida 33050
This instrument was prepared by:
John Smith
15 Somewhere St.
Key West, FL 33040
Space Above This Line for Recording
NON-RESIDENTIAL RATE OF GROWT!'JA16`1`� I R ANCE
(NROGO) EXEMPTION RESTRICTI UT
"qwk I N PA 01, "HOLE
THIS RESTRICTION SHALL BE INC PORAT No
"M 1%
AND REFERENCED BY BOOK A tR-A G E N R AND
DOCUMENT NUMBER ON ALL 1, " HE BELOW DESCRIBED L P
1. WHEREAS, MOTE MARINE LABr .' undersigned, is the sole
owner of the following described Monroe County, Florida,
described as follows (hereinafter
Lot(s): 14, 15, d lock: 2
sap N
Subdivision; SUMM EY COVE. ADDITION
Key:, SummkElajo .0o"Plat Book: 4 Page: 100
N*ber(s): 00190870.00000; and
r(s): 00190880.00000; and
Real EgW"Number(s): 00190890.00000; and
Real Estate Number(s): 00190900.00000; and
Real Estate Number(s): 00190910.00000; and
Real Estate Number(s): 00190920.00000; and
Real Estate Number(s): 00190930.00000, and
NROGO Restrictive Covenant Page — of
RE No.: Rev, Lot AaL�, SAMPLE 5,27,2011
2. WHEREAS, Monroe County Code § 138-50(4) provides an exemption from the Non -
Residential Rate of Growth Ordinance (hereinafter "NROGO") permit allocation
system for non-residential development activity within Tier III designated areas by
federally tax exempt, not -for -profit scientific organizations which predominantly serve
the County's non -transient population; and
3. WHEREAS, the above legally described Property consists of Tier III designated
areas; and
4. WHEREAS, the undersigned constitutes a federally tax-exempt dot -for -profit
educational or scientific organization which predominantly se ate County's non -
transient population; and
5. WHEREAS, the undersigned has proposed development of "quare t of
non-residential floor area for the above legally described Prope f )And
6. WHEREAS, this NROGO Exemption Restricti►
above legally described Tier III designated P
exchange for an exemption from the NR
undersigned's proposed development, 0 sq
for the above legally described Pro rty i i ct
138-50(4); and,4 !
7. NOW, THEREFORE, the undersign'- „j a as
1. The foregoing reci
stated herein; and
2. Terms of an
Covenant.
A. M ounty h
f ;'owing restrictio
Want rest,' s 00
use of the
nstitutio '1 I scientific use in
it Y ion, tem for the
feet residential floor area
ice it onroe County Code §
are hereby incorporated as if fully
on the above legally described Property the
Thy° 1 66 "' "16" y described Property shall have their use(s) restricted to
exi Ift,,fltional scientific use for a term of twenty (20) years
comme 1"`om the issuance of a Certificate of Occupancy pursuant to
Building i rmit Number for the undersigned
Grantor's (hereinafter "the undersigned") proposed development of 6,850
square feet of non-residential floor area for the above legally described
Property; and
The undersigned has granted this NROGO Exemption Restrictive Covenant
to Grantee Monroe County (hereinafter "Monroe County" or "County") in
consideration of the County's granting of an exemption from the NROGO
permit allocation system for the undersigned's proposed development of
NROGO Restrictive Covenant Page of
RE No.: Rev. Lot Ago. SAMPLE 5.27,2 l
6,850 square feet of non-residential floor area for the above legally
described Property; and
Expiration of this NROGO Exemption Restrictive Covenant shall result in
concurrent expiration of the undersigned's aforesaid exemption from the
NROGO permit allocation system for the undersigned's proposed
development of 6,850 square feet of non-residential floor area for the above
legally described property, or, as applicable, the personal representative's,
heir's, assign's, or successor in title's exemption from the NROGO permit
allocation system for the undersigned's proposed development of 6,850
square feet of non-residential floor area for the above y described
property; and
B. The undersigned hereby warrants that this NROGO Exe " estric ` e
Covenant (hereinafter "NROGO Restrictive Covenant") and estric ' `' s and
terms contained herein are supported by ad e '}`Fate considerate
C. Any change in ownership of the above 1 d fK ed Prop shall require
prior approval by the Monroe County
v}}}«��'. Co ,' siond
D. In order to initiate such a reque or o ;bounty Ploning Commission
' und�e ed, or, if applicable, the personal
change in ownership approval, pp '
representative, heir, assign, or ssor h, of the undersigned, shall provide
r3\ ,
written notice of such request to for D or of the Monroe County
Planning & Environm F I Resou sj a ent, at least thirty (30) days in
advance of the next he led ' lic meeting of the Monroe County
Planning Commission. III a sent by U.S. Postal Service Certified
Mail, return r ceipt request in the Ilowing form and address:
Monroe Coun &Env' nmental Resources Department
Attn: enior Di � ct
Reque r Ch "ge in Ownership RE: NROGO Exemption/NROGO
strictive Cove ., nt
2 � Hig , . , Marathon, FL 33050
E. The undersigned, or, as applicable, the personal representative, heir, assign, or
success'" of the undersigned, may apply for consideration of an extension
to the twenW (20) year term of this NROGO Restrictive Covenant in order to
effectuate an extension of the aforesaid exemption from the NROGO permit
allocation system for the undersigned's proposed development of 6,850 square
feet of non-residential floor area for the above legally described Property; and
F. The Senior Director of the Monroe County Planning & Environmental Resources
Department may approve the aforesaid application for extension; in cases where
the Senior Director determines this application has unique or peculiar
circumstances, the Senior Director may request a public hearing by the Monroe
County Planning Commission to consider said application for extension; and
NROGO Restrictive Covenant Page of
RE No.: _ _ -- Rev, Lot Acyo. SAMPLE 5.2 . 0I
G. In order to initiate such an application for extension approval, the undersigned,
or, if applicable, the personal representative, heir, assign, or successor in title of
the undersigned, shall provide written notice of such request to the Senior
Director of the Monroe County Planning & Environmental Resources
Department, at least thirty (30) days in advance of the next regularly scheduled
public meeting of the Monroe County Planning Commission. Such notice shall
also be sent by U.S. Postal Service Certified Mail, return receipt requested, in the
following form and address:
Monroe County Planning & Environmental Resources Depa ent
Attn: Senior Director``
Subject: Request for Extension to NROGO Exempti R O Restrictive
Covenant
2798 Overseas Highway, Marathon, FL 33050
H. The above legally described Property shall n & e subject to a � � ether than
institutional scientific use during the aforesa k my (20) ye r to ,f ' of this
NROGO Restrictive Covenant. In the ev, of b or viola �ri"`of this NROGO
Restrictive Covenant, the County sh ` . wn { 'Noti of Default" or
Notice of Violation to the defaulti�rsi p t 4s deK fed a if applicable, to the
defaulting personal representati he s' ` or suc ` ` sor in title of the
undersigned, by U.S. Postal S '4} a Ce ` Mail, return receipt requested, to
the defaulting parry's address d rd wit Monroe County Property
Appraiser's Office or to the defa i fi rty's ess of record with the Monroe
County Tax Collector' ice, an`�; i I 'ca , to the defaulting parry's address
of record with the F m t of e - Division of Corporations. The
defaulting or violating pa`4s the right to cure such default or violation
arising under his NROGO stnctiCovenant within thirty (30) days of
receiving suc ., A49�.. of such ` a It or violation; and
3.
A T restrictions an'"� terms herein shall be binding upon the undersigned and the
�sr
p ent s, heirs, assigns and successors in title of the
un ; i ink the intention of the undersigned by issuance of a Certificate
of Occupancy p uant to Building Permit Number for
the unde 's proposed development of 6,850 square feet of non-residential
tFk
floor area the above legally described Property that this NROGO Restrictive
Covenant shall commence to run with the land and shall be binding for a period
of twenty (20) years upon the undersigned and the personal representatives,
heirs, assigns, and successors in title of the undersigned; and
B. This NROGO Restrictive Covenant is intended to benefit and run in favor of the
County of Monroe; and
C. The undersigned and all personal representatives, heirs, assigns, and
successors in title of the undersigned shall and hereby agree(s) to reference this
NROGO Restrictive Covenant Page of
RE No.: Rev. Lot Age- SAMPLE 5. 27. % t
NROGO Restrictive Covenant and all previously executed and recorded
restrictions in any future instrument conveying title to or an interest in the
Property, including the recording book and page numbers and document number
of this restriction and all previously executed and recorded restrictions; and
4. Definitions.
A. The definitions and requirements of the Monroe County 2010 Comprehensive
Plan, Monroe County Code of Ordinances, and Land Development Code are
hereby incorporated as if fully stated herein, and set forth belew for convenience
is that portion of the Monroe County Land Development C�, 1 ection 101-1
"Definitions" pertaining to non-residential "Institutional "and chat portion of
the Monroe County Land Development Code Sec
tiort {{ 0(4 '{ irking to the
aforesaid exemption from the NROGO permit allocation , to wit:`
1. "[Non -Residential] Institutional Use'�0,Means a use t ' e '� s the
recreational, religious, educational, , or health tee of the
community, including educational scik is resear facilities that
serve the region and day care, A11
'
2. "Develonment Activitv for Cd`" ` ' lit -for -Prat O
Except for the non-publ' " stituti £ " uses on Big Pine Key and No Name
Key pursuant to Section 9, no idgntial development activity
within Tier III designated a fede _" tax exempt not -for -profit
educational, s 'fic, hea r ` u;X`social, cultural and recreational
organizations o ate rve the county s non -transient
population, if appr d s oeffd of County Commissioners after
review: -and recomm ation . the Planning Director and Planning
Comm This exe i is subject to the condition that a Restrictive
Covena d on t property prior to the issuance of a building
hermit. T Covenant shall run in favor of the County for a
'' ` riod of a ' ast 20 ears. Any change in the use or ownership of the
property su ct to this Restrictive Covenant shall require prior approval
nn'ti Commission, unless the total floor area exempted by the
�n �.;
nine o mission is obtained through an off -site transfer of floor area
and/or n .x -residential floor area allocation. If the total amount of floor area
tF' nsferred and/or allocated meets or exceeds the total amount of
floo rea exempted, the Restrictive Covenant shall be vacated by the
County. This exemption is not applicable to non-residential development
proposed within any Tier I or Tier III -A (special protection area) designated
areas.
5. Recordation.
A. The undersigned, or, if applicable, the personal representative, heir, assign, or
successor in title of the undersigned, hereby agrees to record this NROGO
Restrictive Covenant together with all appropriate and required Joinder(s) and/or
NROGO Restrictive Covenant Page of
RE No.: Rev.Lot Aga, SAMPLE 5,2 7,201 _,
Affidavit(s) of No Encumbrances with the Clerk of the Circuit Court of Monroe
County in order for the undersigned receive the aforesaid exemption from the
NROGO permit allocation system for the undersigned's proposed development of
6,850 square feet of non-residential floor area for the above legally described
Property; and
B. The undersigned, or, if applicable, the personal representative, heir, assign, or
successor in title of the undersigned, shall and hereby agree(s) to record this
NROGO Restrictive Covenant together with all appropriate and required
Joinder(s) and/or Affidavit(s) of No Encumbrances with the Clerk of the Circuit
Court of Monroe County within thirty (30) business days o O&effective date of
the Monroe County Board of County Commissioners' a A,°' oval
undersigned's request for the aforesaid exemption fr NR�!the
- d permit
allocation system for the undersigned's proposed develo of 6,85square
feet of non-residential floor area; and
C. The undersigned, or, if applicable, the
successor in title of the undersigned,
expenses associated with such record
6. Amendment Modification or
44
A. No amendment or modification'
agrees, consents, and joins in u
modification to this cot . nt m
the undersigned, or,
representative, heir,
sentatiT
, n , assign, or
any an "Il costs and
is" effective unless the County
reto,rWl" any amendment or
utwriting by both the County and
.e County and the personal
0 in title of the undersigned; and
B. The undersig if applici'' the personal representative, heir, assign, or
successor in tit `" dersi ed shall and hereby agree(s) to record any
amenment or di ' `"k " phis NROGO Restrictive Covenant together with all
fit,
ap teand r ` ire d J 'nder(s) and/or Affidavit(s) of No Encumbrances with
t `, Clerk of the Ci "° uit Court of Monroe County; and
qt
C. T4 ign or,", if applicable, the personal representative, heir, assign, or
successor in titl of the undersigned, shall solely pay any and all costs and
expense` r: iated with the recordation of any such amendment(s) or
modificatios); and
D. This NROGO Restrictive Covenant may not be rescinded, voided, or released
unless and until the Monroe County Board of County Commissioners (BOCC)
approves such rescission, voidance, or release; and
NROGO Restrictive Covenant Page _ """ of " 111111-1-111
RE No.: Rev Lol. Aacy, SAMPLE 5,27,20 5
7. Limitation on Liability for Personal Iniury or Injury to Property and
Hazardous or Toxic Material.
A. The undersigned, and the personal representative(s), heir(s), assign(s), and
successor(s) in title of the undersigned, waive any rights they may have to bring
a claim against the County for personal injury or injury to property that is caused
by the negligent action or inaction of the County or an employee or agent of the
County during the course of the County's activity related to this NROGO
Restrictive Covenant, further hold(s) the County harmless from the claims of all
persons for action(s), inaction(s), activity(ies), damage(s), a ense(s), and
loss(es) occurring on the servient estate property, and fu demnifies the
County for all liability arising from any subsequent plac ent by the undersigned,
and, if applicable, any subsequent placement by the al r sertative(s),
heir(s), assign(s), or successor(s) in title of the undersign the sub{ equent
discovery of, hazardous or toxic material on the�servient es rope and in
the event such material is discovered, the un rsigned, and, i `}{; I le, the
personal representative(s), heir(s), assign(, uccessor(s� in of the
undersigned, shall be solely responsibler they val of s Materials
following coordination and written ap �he ty, a
8. Enforcement. J,11
A. Monroe County (hereinafter "C shah out liability to the County, have
site access to the Property at all'` able t' `x for the purpose of inspection
to monitor and ensur plianc tvit 4r r, re rictions and terms contained
¢ens'
herein; and
B. Uncured bre
this NROGO
covenant's rE
or violation the a °e° said terms of and restrictions imposed by
rescind. without° b
, approva
a
Cove '„ shall, without any additional notice beyond this
e k,title t. County to immediately suspend and/or
C ;a ounty, development applications and pending
in h. ections, relating to the Property, except for those
inspections necessary to cure such breach or violation;
C. In the event of any breach or violation of the restrictions or terms contained
herein, t ty shall, without liability to the County, have the right to proceed
at law or in equity as may be necessary to enforce compliance with the
restrictions or terms hereof, to enjoin activities, construction, practices, and uses
inconsistent with the restrictions or terms hereof, and to otherwise prevent the
breach or violation of any of them, to collect damages, and may enforce this
NROGO Restrictive Covenant by emergency, preliminary, and permanent
injunction, including by ex parte action and motion for such injunction(s), it being
agreed that the County may have no adequate remedy at law, or such other legal
method as the County deems appropriate. The undersigned, and, if applicable,
the personal representative(s), heir(s), assign(s), or successor(s) in title of the
NROGO Restrictive Covenant Page of
RE No.: Rev, Lot Aegg. SAMPLE 27.7 [ 7
undersigned, hereby agree(s) to and shall pay for all costs associated with the
County's enforcement action(s); and
D. The benefit(s) and right(s) hereby conveyed by the County to the undersigned
(exhaustively identified at Sections 6. and 7.(2.)(A.) above) are predicated upon
the truth, accuracy, and correctness of the undersigned's application for NROGO
exemption and the information, documents, and representations contained
therein. In the event it is later discovered that the undersigned's application for
NROGO exemption or the information, documents, and representations
contained therein, or any portion thereof, is false, misleadin otherwise legally
erroneous, whether intentionally or unintentionally, and it r2-,or
in the
subordination or extinguishment of the restrictions cont ed hein, the County's
rights in said restrictions, or the enforceability of said ion s£ favyi of the
County, or it results in the diminishment of the restriction fined h in, the
County's rights in said restrictions, or the enforceability of s °+ stncti in
favor of the County, then the County shall be mediately entr _1#ect to
render the undersigned's subject NROGO tion void. I the4.'ent the
undersigned's NROGO exemption is re. d n this b 'is
"or in the event
the undersigned's NROGO exemptio , { f red" due.,,,", uncured breach of
violation of the terms of and restri imp by t�`.< GO Restrictive
Covenant, the County shall be is ! e itled to t to rescind and revoke
any or all development approv s issue made in reliance of the truth,
accuracy, or correctness of the signe p)ication for NROGO exemption
and the information, documents ;1' n'` rese " ` ons contained therein, and to
pursue all remedies kr
and in ui ' r iiiries to the County caused by the
:.a {
submission of such di4, or erwise legally erroneous information,
documents, and represe�tio�`
E. In the event o txigation ing the conditions, provisions, restrictions, or
terms of this N ` trictiv, ovenant, the undersigned, or, if applicable, the
` ssi nor successor in title of the undersigned, perso al repres to , , �� g g ,
he �49ree to essly 4 aive and shall waive their right to a jury trial; and
F. if ngs"u , 'action to enforce the restrictions or terms contained
he `"'ups ` Y Is any such action, on trial or appeal, the County shall be
entitled to re able attorney's fees to be paid by the losing party(ies) as fixed
by the c ` d
G. The undersigned, or, if applicable, the personal representative, heir, assign, or
successor in title of the undersigned, waive all rights they may have to bring a
claim against the County for injury or damage allegedly caused by the County's
enforcement of this section (Section 8., inclusive), holds the County harmless
from the injury or damage of all persons allegedly resulting from the County's
enforcement of this section (Section 8., inclusive), and further indemnifies the
County for all liability resulting from the injury or damage claims of all persons or
entities allegedly resulting from the County's enforcement of this section (Section
8., inclusive); and
NROGO Restrictive Covenant Page of
RE No.: Rev, Lot Ago, SAMPLE 5.1E 5.27,2015
H. The County's failure to enforce any condition, provision, reservation, restriction,
right, or term contained herein, however long continued, shall not be deemed a
waiver or estoppel of the right to do so thereafter as to the same violation or
breach; and
I. Failure of the undersigned and, if applicable, failure of the personal
representative(s), heir(s), assign(s), or successor(s) in title of the undersigned, to
comply with or perform any act required by or under this NROGO Restrictive
Covenant shall not impair the validity of this NROGO Restrictive Covenant or the
conditions, provisions, reservations, restrictions, rights, or ter s hereof or limit
their enforceability in any way; and ��x
9. Severability. If any condition, provision, reservation,, ion,,- t, or term of
this NROGO Restrictive Covenant is held to be invalid or' `` rceabl b
Y any
court of competent jurisdiction, the invalidity or unenforceab ° f sucl ndition
provision, reservation, restriction, right, or to shall neither li F �pair the
operation, enforceability, or validity of any ndition, pr is., reservation,
restriction, right, or term thereof. All such itions, pr is ons,
er
reservations, restrictions, rights, and II c ue u paired in full force
s
and effect; and
10.Governing Law. This restrictic
obligations established hereby
the State of Florida; and
11.
convenience only and ark
of the particular paragraph
12.
ent of the rights and
nd governed by the laws of
where used herein, are inserted for
i descriptively limit the scope and intent
refer; and
A. Th _` GO Red ``" ive CdVenant will become effective upon the issuance of a
'rtificate of Occ ncy pursuant to Building Permit Number
fed proposed development of 6,850 square feet of non-
res too re for the above legally described Property; and
B. This NR ' estrictive Covenant constitutes the entire NROGO Restrictive
Covenant; d
13.TO HAVE AND HOLD UNTO GRANTEE MONROE COUNTY, FLORIDA, FOR
A TERM OF TWENTY (20) YEARS COMMENCING FROM ISSUANCE OF A
CERTIFICATE OF OCCUPANCY PURSUANT TO BUILDING PERMIT
NUMBER FOR THE UNDERSIGNED'S PROPOSED
DEVELOPMENT OF 6,850 SQUARE FEET OF NON-RESIDENTIAL FLOOR
AREA FOR THE ABOVE LEGALLY DESCRIBED PROPERTY.
NROGO Restrictive Covenant Page of
RE No.: ! rev. Lot -, SAMPLE 5,27,20 I s
EXECUTED ON THIS day of ,
WITNESSES
Witness No. 1 (Print Name)
Witness No. 1 (Signature)
Witness No. 2 (Print Name)
Witness No. 2 (Signature)
OWNER(S)
Owner (Print Name)
Owner (Signature)
Co -Owner (Print Name
re)
rs'PY@Wgl Mailing Address
ffic aI Capacity (Applicable
executing Through Entity
ctor, Officer, Trustee, or other
Official (Print Title of Authorized
iacity/Position))
ntity Owner - Mailing Address (Print)
Entity Owner - Registered Agent Name (Print)
Entity Owner - Registered Agent Mailing
Address (Print)
[The remainder of this page has been intentionally left blank.]
NROGO Restrictive Covenant Page of
RE No.: 1�ev, Lot a�,. SAMILE 5.27,2015
STATE OF
COUNTY OF
The foregoing instrument, NROGO Exemption Restrictive covenant, was
acknowledged before me this day of , 2 , by
, who is/are personally known to me or
produced as proof of identification and did take an oath.
Notary Public (
NROGO Restrictive Covenant Page of
RE No.: Rev., Lot Afao, SAMPLE 5—?7,2015