Item Q4Q.4
BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe
Mayor Sylvia Murphy, District 5
Mayor Pro Tem Danny Kolhage, District 1
TheFloridaKeys
Michelle Coldiron, District 2
Heather Carruthers, District 3
David Rice, District 5
County Commission Meeting
December 19, 2018
Agenda Item Number: Q.4
Agenda Item Summary #4987
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper (305) 289-2506
3:00 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: A public hearing for a resolution concerning a request for the 2nd
Amendment to the Development Agreement between Monroe County, Florida and Key Largo Ocean
Resort Condominium, Inc., for a time extension for previously approved development of 285
dwelling units and accessory uses at property located at 94825 Overseas Highway, Key Largo,
approximate mile marker 95, having Parcel ID numbers 00483401-000000 through 00483401-
028500 and 00483402-000000.
ITEM BACKGROUND: This is the Second (2nd) Amendment to the Development Agreement
documented in BOCC Resolution #242-2006 and amended in Resolution #196-2014, which relates
to the continued redevelopment of the recreational vehicle park to a condominium 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 including 76 boat slips. No structures will be higher than 35 feet in height.
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Subject Property with Land Use District Overlaid (Aerial dated 2018)
The material change that is proposed by this 2nd Amendment to the Development Agreement is as
follows:
Request for an extension of time for the Amendment to Development Agreement ("Amendment'')
for eighteen (18) months, or until June 30, 2020, with an option to administratively extend the
Amendment for an additional twelve (12) months, upon agreement between KLOR and the
Planning Director.
The Planning Commission is scheduled to review the request for an Amendment to Development
Agreement at the regularly scheduled meeting on December 12, 2018.
PREVIOUS RELEVANT BOCC ACTION:
August 18, 2004 - Ordinance No. 023-2004 amending the Monroe County Future Land Use Map
from Mixed Use/Commercial (MC) to Residential High (RH); The amendment became effective
on October 24, 2004.
August 18, 2004 - Ordinance No. 024-2004 amending the Monroe County land use district from
Recreational Vehicle (RV) to Urban Residential Mobile Home (URM) and Improved Subdivision
(IS) to Urban Residential Mobile Home (URM); The amendment became effective on October
24, 2004.
June 21, 2006 - Resolution No. 242-2006 the County entered into a Development Agreement with
KLOR. The Development Agreement provided conceptual approval of a plan to redevelop the
site. The effective date of the Development Agreement was September 24, 2006.
August 15, 2007 - Resolution No. 298-2007 the BOCC approved a request by KLOR for a waiver
to the inclusionary housing requirements. The effective date This resolution was September 07,
2007.
August 20, 2014 - Resolution No. 196-2014 the County Amended the Development Agreement
with KLOR. The changes to the amended development agreement included the following:
Changing the agreement from Key Largo Ocean Resort Co-op to Key Largo Ocean
Resort Condominium Association, Inc. which is the successor in interest to the Co-
op.
Reflect the current status of the project to include defining the completion of the
remedial actions including the completed demo work with closed permit numbers.
Update the status of improvements to achieve compliance with the requirements of
the Urban Residential Mobile-Home district including active building permits for
site work and construction of accessory structures.
Change in Marina slips from 65 to 76.
Change in benchmark dates to incorporate court established dates.
Establish that the current common areas and building in these areas such as marina
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building, clubhouse, pool tennis courts, etc. may be demolished and replaced with
new structures within the areas these elements exist.
Explain conversion from Co-op to Condominium that has 285 individual lots
deeded to individual owners and identify the development process for individual
owners.
The original agreement allowed road ready RVs for a period of five (5) years from
the effective date of the Site Redevelopment Plan. The new agreement would allow
road ready RVs for a period not to extend beyond December 31, 2016.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: The Planning & Environmental Resources Department
recommends approval of the Second Amendment to Development Agreement for a period of
eighteen (18) months, or until June 30, 2020, with an option to administratively extend the
Amendment for an additional twelve (12) months, upon agreement between KLOR and the Planning
Director.
DOCUMENTATION:
2018-191 SR KLOR BOCC
Resolution XXX-2018 KLOR 2nd Amendment Development Agreement
Draft Second Amendment To Development Agreement rev 11.28.2018
2006 Development Agreement KLOR
1st Amend DevAgreement KLOR 2014
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
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REVIEWED BY:
Emily Schemper Completed 11/29/2018 3:46 PM
Steve Williams Completed 11/29/2018 3:57 PM
Maureen Proffitt Completed 11/29/2018 4:10 PM
Assistant County Administrator Christine Hurley Completed
12/03/2018 12:08 PM
Budget and Finance Completed 12/03/2018 2:35 PM
Maria Slavik Completed 12/03/2018 3:05 PM
Kathy Peters Completed 12/03/2018 4:53 PM
Board of County Commissioners Pending 12/19/2018 9:00 AM
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MEMORANDUM
M ONROE C OUNTY P LANNING & E NVIRONMENTAL R ESOURCES D EPARTMENT
To: Monroe County Board of County Commissioners
Through: Emily Schemper, AICP, CFM, Acting Senior Director of Planning &
Environmental Resources
From: Brad Stein, AICP, Planning and Development Review Manager
Date: November 29, 2018
Subject: Request for 2nd Amendment to the Development Agreement between Monroe
County, Florida and Key Largo Ocean Resort Condominium, Inc. concerning Key
Largo Ocean Resort Condominium, 94825 Overseas Highway, Key Largo,
approximate mile marker 95, having Parcel ID numbers 00483401-000000 through
00483401-028500 and 00483402-000000 (File #2018-191)
Meeting: December 19, 2018
1I REQUEST:
2
nd
3This is the Second (2) Amendment to the Development Agreement documented in BOCC
4Resolution #242-2006 and amended in Resolution #196-2014, which relates to the continued
5redevelopment of the recreational vehicle park to a condominium with a maximum of 285
6single family detached dwelling units and accessory structures and uses including recreational
7and maintenance facilities, resort office, bath houses grill/pub, club and docking facilities
8including 76 boat slips. No structures will be higher than 35 feet in height.
9
10
11 Subject Property with Land Use District Overlaid (Aerial dated 2018)
BOCC Staff Report 11/29/2018
nd
File # 2018-191 2 Amendment to KLOR Development Agreement Page 1 of 8
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1
2 The material change that is proposed by this amendment to the Development Agreement is as
3 follows:
4
5 Request for an extension of time for the Amendment to Development Agreement ("Amendment'')
6 for eighteen (18) months, or until June 30, 2020, with an option to administratively extend the
7 Amendment for an additional twelve (12) months, upon agreement between KLOR and the
8 Planning Director.
9
10
11 II BACKGROUND INFORMATION:
12
13 Address: 94825 Overseas Highway, Key Largo, approximate mile marker 94.9 (Atlantic
14 Ocean side of US 1)
15 Legal Description: The Subject Property is described as a parcel of land in Sections 13 and
16 14, Township 62 South, Range 38 East, Key Largo, being part Tract 10 and part Tract 11 of
17 Southcliff Estates (plat book 2, page 45), Monroe County, Florida, having Real Estate Numbers
18 00483401-000100 through 00483401-028500 and 00483402-000000
19 Parcel ID Numbers: 00483401-000100 through 00483401-028500 and 00483402-000000
20 Property Owner/Applicant: Key Largo Ocean Resort Condominium, Inc.
21 Agent: Bob de la Fuente/Lehtinen Schultz, PLLC
22 Size of Site: 25.2 acres (23.38 acres of upland and 1.82 acres of submerged land)
23 Land Use District: Urban Residential Mobile Home (URM)
24 Future Land Use Map (FLUM) Designation: Residential High (RH)
25 Tier Designation: III Infill Area
26 Existing Use: Development of detached dwelling units
27 Existing Vegetation / Habitat: Predominately scarified, with mangroves, buttonwood and
28 hammock along the northeastern property line
29 Community Character of Immediate Vicinity: Single family, multi-family residential and
30 commercial retail
31 Flood Zone: AE-EL 7, AE-EL 8, AE-EL 9, AE-EL 10, VE-EL 11, VE-EL 12 and VE-EL 15
32
33
34 III RELEVANT PRIOR COUNTY ACTIONS:
Attachment: 2018-191 SR KLOR BOCC (KLOR development agreement)
35
36 In 1994 and 1995, the Code Compliance Department began to pursue compliance with the
37 requirements of the Recreational Vehicle (RV) district on the subject property in order to
38 resolve violations related to construction carried out without the benefit of properly issued
39 building permits. The proceedings resulted in a lien being imposed against the entire park
40 since it was owned as one parcel. In response, KLOR sought an injunction against Monroe
41 County.
42
43 In 1996, the Circuit Court granted an injunction against Monroe County, Case #96-20160-CA-
44 22, preventing the Code Compliance Department from instituting further proceedings so as to
BOCC Staff Report 11/29/2018
nd
File # 2018-191 2 Amendment to KLOR Development Agreement Page 2 of 8
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1 allow KLOR to seek a change of its land use district designation from RV to Urban Residential
2 Mobile Home (URM) in order to resolve some of the code enforcement issues. In 2003, the
3 Court ordered the parties into Mediation, which resulted in a Settlement Agreement, signed by
4 the parties in June 2003 and approved by the Court on August 4, 2003, which authorized KLOR
5 to apply for a Development Agreement.
6
7 In 2004, the FLUM designation was modified. The FLUM category of RE 00483400.000000
8 and RE 00483390.000000 was amended from Mixed Use / Commercial (MC) to Residential
9 High (RH). The approval is memorialized by Ordinance #023-2004.
10
11 In 2004, the land use district designations were modified. The land use district of RE
12 00483400.000000 was amended from RV to URM. The land use district of RE
13 00483390.000000 was amended from Improved Subdivision (IS) to URM. The approval is
14 memorialized by Ordinance #024-2004.
15
16 In 2006, the County entered into a Development Agreement with KLOR to comply with the
17 Settlement Agreement. The Development Agreement provided conceptual approval of a plan
18 to redevelop the site. Approval of the development agreement was further documented in
19 BOCC Resolution #242-2006.
20
21 Pursuant to Section I of the Development Agreement, its purpose is A) to agree on a phased
22 program of remedial actions and resort-wide improvements to achieve compliance with the
23 requirements of the URM district, such that not more than 285 of the existing manufactured
24 homes or single-
25 floodplain regulations; B) to allow KLOR to retain temporarily, pursuant to the terms of the
26 Development Agreement, some of the conforming, or accessory to a permitted use structures,
27 and uses permitted by Monroe County prior to 1990 or established as otherwise lawfully in
28 existence on the property prior to 1990; C) to allow KLOR to retain as conforming the
29 permitted existing grill/pub, bathrooms, office and docking facilities for 65 wet slips and club
30 establishments as accessory uses to the principal residential uses; and D) to establish specific
31 development and permit approvals and processes required for bringing KLOR into compliance
32 with Monroe County land development regulations, building codes and fire safety codes.
33
34 Resolution #242-2006 was passed and adopted on June 21, 2006. The Development
35 Agreement was filed and recorded on August 17, 2006. The effective date was 30 days after
36 the duly signed and recorded agreement was received by the Florida Department of
Attachment: 2018-191 SR KLOR BOCC (KLOR development agreement)
37 Community Affairs (DCA). The DCA received the recorded document on August 24, 2006
38 and on September 21, 2006 issued a letter to Monroe County stating they would not appeal.
39 Therefore, the effective date of the Development Agreement as originally contemplated by the
40 County and KLOR was September 24, 2006. Per Section II(B) of the Development
41 Agreement, the agreement shall remain in effect for a period of seven years, commencing on
42 the effective date.
43
44 In 2007, the Planning Commission approved a request by KLOR for a major conditional use
45 permit to approve the redevelopment plan and site plan. The approval and conditions were
46 memorialized in Planning Commission Resolution #P35-07. This approval applied to the
BOCC Staff Report 11/29/2018
nd
File # 2018-191 2 Amendment to KLOR Development Agreement Page 3 of 8
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1 redevelopment of the entire subject property and was reliant on the additional approval of the
2 Development Agreement.
3
4 In 2007, the BOCC approved a request by KLOR for a waiver to the inclusionary housing
5 requirements. The approval and conditions were memorialized in BOCC Resolution #298-
6 2007. This approval applied to the redevelopment of the entire subject property and was reliant
7 on the additional approval of the Development Agreement and the major conditional use permit
8 approved by Resolution #P35-07.
9
10 Following its issuance, Resolution #P35-07 was appealed to the State of Florida Division of
11 Administrative Hearings (DOAH). The appeal (Case #07-5390) was filed within the 30-day
12 public appeal period. Following a review by DOAH, the case was dismissed, documented by
13 a final order of dismissal signed by Bram D. E. Canter, Administrative Law Judge, on June 25,
14 2008. A KLOR resident named Maria Barroso appealed that order to the Circuit Court (Case
15 #: CA P 08-564). That case was dismissed by agreement on August 18, 2009 as more fully
16 explained in the following paragraph.
17
18 The site plan approved in Resolution #P35-07 became the subject of litigation in the settled
19 lien foreclosure case (Case #: CA P 96-160). As part of that collateral litigation, KLOR filed
20 a petition for declaratory statement within the context of the settled lien foreclosure case, which
21 asked the Court to determine if the site plan that was approved in Resolution #P35-07 had been
22 validly approved by the KLOR members. On October 10, 2008, the Circuit Court entered an
23 order construing F.S. 719.1055 to mean that 100% of the KLOR members would have to have
24 aterially altered. KLOR
25 challenged that decision in the Third District Court of Appeals. (Case #: 3d08-2711). On
26 February 4, 2009, the Third District Court of Appeals reversed the Circuit Court decision and
27 held that the original site plan had been properly approved even though it had garnered less
28 than 100% approval (Key Largo Ocean Resort Co-Op., Inc. v. Monroe County, 5 So.3d 31
29 (Fla. 3d DCA 2009)). Maria Barroso and other KLOR members sought discretionary review
30 of the Third District Court of Appeal-
31 678). On June 11, 2009, the Florida Supreme Court declined to exercise jurisdiction over the
32 case, thus rendering the decision of the Third District Court of Appeals final. Jurisdiction over
33 the matt
34 the site plan approved in Resolution #P35-07 had been resolved adversely to her as a result of
35 the appellate courts decisions, she dismissed her appeal in CA P 08-564 in August of 2009.
36
Attachment: 2018-191 SR KLOR BOCC (KLOR development agreement)
37 On July 13, 2009, the County moved the Circuit Court to ratify and approve the Development
38
39 arties to implement the
40
41 because the KLOR Board was recalled and replaced in late 2009.
42
43 Contemporaneously, the County sought to enjoin the use of the Park for habitation because of
44 numerous life safety violations. After touring the park, the Circuit Court granted the injunction
45 and originally ordered the park to close as of January 15, 2010. That deadline was extended a
46 couple of times but the Court ultimately ordered the park closed for habitation effective July
BOCC Staff Report 11/29/2018
nd
File # 2018-191 2 Amendment to KLOR Development Agreement Page 4 of 8
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1 31, 2010 in an order dated June 22, 2010. In the June 22, 2010 order, the Court ordered that
2 all illegal structures on the property to be demolished by December 31, 2010.
3
4 The redevelopment plan approved under the Development Agreement and Resolution #P35-
5 07 has not been completed.
6
7 On October 1, 2010, the Planning & Environmental Resources Department issued a letter of
8 understanding concerning the proposal to the applicant. Following discussions with the
9 applicant about the content, the letter was revised and re-issued on October 27, 2010. The
10 letter followed a pre-application conference held on August 4, 2010.
11
12 In 2010, the applicant submitted a similar major deviation application. The application was
13 reviewed by the Development Review Committee and Planning Commission; however it was
14 withdrawn by the applicant prior to a decision by the Planning Commission in order for the
15 applicant to resolve some issues.
16
17 At their August 2011 and November 2011 meeting, the BOCC reviewed the status of the
18 Development Agreement.
19
20 On December 21, 2011, the Planning Commission approved a request by KLOR for a major
21 deviation to the major conditional use permit. The approval and conditions were memorialized
22 in Planning Commission Resolution #P49-11.
23
24 On August 20, 2014, the County Amended the Development Agreement with KLOR through
25 BOCC Resolution #196-2014. The changes to the amended development agreement included
26 the following:
27 Changing the agreement from Key Largo Ocean Resort Co-op to Key Largo Ocean
28 Resort Condominium Association, Inc. which is the successor in interest to the Co-op.
29 Reflect the current status of the project to include defining the completion of the
30 remedial actions including the completed demo work with closed permit numbers.
31 Update the status of improvements to achieve compliance with the requirements of the
32 Urban Residential Mobile-Home district including active building permits for site work
33 and construction of accessory structures.
34 Change in Marina slips from 65 to 76.
35 Change in benchmark dates to incorporate court established dates.
36 Establish that the current common areas and building in these areas such as marina
Attachment: 2018-191 SR KLOR BOCC (KLOR development agreement)
37 building, clubhouse, pool tennis courts, etc. may be demolished and replaced with new
38 structures within the areas these elements exist.
39 Explain conversion from Co-op to Condominium that has 285 individual lots deeded
40 to individual owners and identify the development process for individual owners.
41 The original agreement allowed road ready RVs for a period of five (5) years from the
42 effective date of the Site Redevelopment Plan. The new agreement would allow road
43 ready RVs for a period not to extend beyond December 31, 2016.
44
45 In 2017, the applicant submitted a minor deviation application to the previously approved
46 Major Conditional Use approved by Planning Commission Resolution #P35-07, with Major
BOCC Staff Report 11/29/2018
nd
File # 2018-191 2 Amendment to KLOR Development Agreement Page 5 of 8
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1 Deviation approved by Planning Commission Resolution #P49-11. The application was
2 reviewed and approved administratively for the minor deviation on March 16, 2017 and
3 recorded in the official records with the Monroe Coun Pages
4 2372-2402.
5
6 A public meeting held on November 13, 2018 the Development Review Committee (DRC) of
7 Monroe County conducted a review and consideration of a request filed by Bob de la Fuente,
8 on behalf of Key Largo Ocean Resort Condominiums, Inc., for an Amendment to Development
9 Agreement for a time extension and recommended approval.
10
11 The Planning Commission is scheduled to review the request for an Amendment to
12 Development Agreement at the regularly scheduled meeting on December 12, 2018.
13
14
15
16 IV REVIEW OF APPLICATION:
17
18 The review of development agreements is set forth in Chapter 110, Article V, Sections 110-
19 132 and 110-133 of the Monroe County Land Development Code (LDC). The purpose of this
20 article is to allow the county to enter into development agreements that meet the requirements
21 of the Florida Local Government Development Agreement Act, F.S. §§ 163.3220-163.3243.
22 The development agreement provides assurance to a developer that upon receipt of his permits
23 under the county's Comprehensive Plan and Land Development Code he or she may proceed
24 in accordance with existing ordinances and regulations, subject to the conditions of the
25 development agreement. This article will strengthen the public planning process, encourage
26 private participation in comprehensive planning, and reduce the economic costs of
27 development. A development agreement is in addition to all other local development permits
28 or approvals required by the county land development regulations. A development agreement
29 does not relieve the developer of the necessity of complying with all county Comprehensive
30 Plan elements and Land Development Code in effect on the date that the agreement is executed.
31
32 Pursuant to LDC Section 110-133(b)(1), Requirements of a development agreement, a
33 development agreement shall include the following:
34
35 a) A legal description of the land subject to the agreement, and the names of its legal and
36 equitable owners:
Attachment: 2018-191 SR KLOR BOCC (KLOR development agreement)
37
38 In the agreement, a full legal description is provided in Exhibit A. Ownership is described
39 on page 1 line 6. Prior Agreement
40
41 b) The duration of the agreement:
42
43 Amended pursuant to Section II.(B.) of the proposed Second Amendment to Development
44 Agreement, on page 4, for a period of eighteen (18) months, or until June 30, 2020, with
45 an option to administratively extend the Amendment for an additional twelve (12) months,
46 upon agreement between KLOR and the Planning Director. Second Amendment
BOCC Staff Report 11/29/2018
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File # 2018-191 2 Amendment to KLOR Development Agreement Page 6 of 8
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1
2 c) The development uses permitted on the land, including population densities, and building
3 intensities and height:
4
5 Permitted uses on the land, population densities, and building intensities and height(s) are
6 provided in section II (C) on page 5. Prior Agreement
7
8 d) A description of public facilities that will service the development, including who shall
9 provide such facilities; the date any new facilities, if needed, will be constructed; and a
10 schedule to assure public facilities are available concurrent with the impacts of the
11 development:
12
13 A description of public facilities is stated in section II (D) on pages 5 and 6. Prior
14 Agreement
15
16 e) A description of any reservation or dedication of land for public purposes:
17
18 There will be no reservation or dedication of land for public purpose. This is stated in in
19 section II (E) on page 6. Prior Agreement
20
21 f) A description of all local development permits approved or needed to be approved for the
22 development of the land:
23
24 A description of all local development permits approved or needed to be approved for the
25 development of the land is stated in section II (F) on pages 6 and 7. Prior Agreement
26
27 g) A finding that the development permitted or proposed is consistent with the local
28 government's comprehensive plan and land development regulations:
29
30 A finding of consistency is stated in section II (G) on page 7. Prior Agreement
31
32 h) A description of any conditions, terms, restrictions, or other requirements determined to be
33 necessary by the local government for the public health, safety, or welfare of its citizens:
34
35 A description of any conditions, terms, restrictions or other requirements is not provided
36 in a single section. Such conditions, terms, restrictions and other requirements are provided
Attachment: 2018-191 SR KLOR BOCC (KLOR development agreement)
37 throughout the agreement. Prior Agreement
38
39 i) A statement indicating that the failure of the agreement to address a particular permit,
40 condition, term, or restriction shall not relieve the developer of the necessity of complying
41 with the law governing said permitting requirements, conditions, term, or restriction:
42
43 Breach, amendment, enforcement and termination of the development provisions are
44 provided in section II (H) on pages 7 through 9. Prior Agreement
45
46
BOCC Staff Report 11/29/2018
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File # 2018-191 2 Amendment to KLOR Development Agreement Page 7 of 8
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1
2 V RECOMMENDATION:
3
4 The Planning & Environmental Resources Department recommends approval of the Second
5 Amendment to Development Agreement for a period of eighteen (18) months, or until June
6 30, 2020, with an option to administratively extend the Amendment for an additional twelve
7 (12) months, upon agreement between KLOR and the Planning Director.
8
9
10
11
Attachment: 2018-191 SR KLOR BOCC (KLOR development agreement)
BOCC Staff Report 11/29/2018
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File # 2018-191 2 Amendment to KLOR Development Agreement Page 8 of 8
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Attachment: Resolution XXX-2018 KLOR 2nd Amendment Development Agreement (KLOR development agreement)
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Attachment: Resolution XXX-2018 KLOR 2nd Amendment Development Agreement (KLOR development agreement)
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Attachment: Resolution XXX-2018 KLOR 2nd Amendment Development Agreement (KLOR development agreement)
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Attachment: Resolution XXX-2018 KLOR 2nd Amendment Development Agreement (KLOR development agreement)
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Attachment: Resolution XXX-2018 KLOR 2nd Amendment Development Agreement (KLOR development agreement)
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SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT () is
forth herein between Monroe County, a political subdivision of the State
of Florida (County), and Key Largo Ocean Resort Condominium Association, Inc. (KLOR)
WITNESSETH
WHEREAS, KLOR is the owner of real property on Key Largo, Monroe County, Florida, located at
approximately mile marker 95 of US highway 1 fronting on the Atlantic Ocean (Property), the legal description
of which is contained in that certain Amendment to Development Agreement, Doc. No. 1995782, Book
#2700, Page #1641, in the Official Records of Monroe Couny, attached hereto and made a part hereof as
Exhibit A (); 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 operated 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
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
WHEREAS, the property had been designated as being with Recreational
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
Southeasterly 1/2 of Tract 9, SOUTHCLIFF ESTATES, in order to increase the open space area of the Property
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and to provide additional setbacks, which property is shown as Residential Medium on t
Land Use Maps; and
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
WHEREAS, over time, structures have been placed within the Resort without the benefit of a building
permit, or with a permit which should not have been issued by Monroe County or lawfully constructed for
which no permit history can be found; and
WHEREAS, the Resort had the appearance of a mobile home park as the result of the permanent
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
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
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
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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
WHEREAS, all of the previous residential improvements and internal roads had been removed in
compliance with Monroe County Demo Permit # 10305964; and
WHEREAS, both the County and KLOR recognize that the public noticing and hearing procedures
shall follow the requirements of F.S. 163.3225, which require a public hearing before both the Planning
Commission and the Board of County Commissioners for consideration of a Development Agreement; and
WHEREAS, Section 163.3220, Florida Statues, authorizes the County to enter into 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; 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 found that entering into the Amendment to Development Agreement
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
th
WHEREAS, the May 12, 2013 Circuit Court Order in 16 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; and
WHEREAS, the Amendment was passed and adopted by the Board of County Commissioners on
August 20, 2014; and
WHEREAS, the Amendment expires on December 31,2018; and
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WHEREAS, the Parties desire to extend the Amendment by 18 months, or until June 30, 2020, with
an option to extend for an additional twelve (12) month period, upon the mutual agreement of the Planning
Director and KLOR; and
WHEREAS, the County found that entering into this Second Amendment furthered the purposes,
goals, objectives, and policies of the Comprehensive Plan.
NOW THEREFORE, the parties do hereby agree as follows:
I. Purposes
The purpose of this Second Amendment is as follows:
A. To amend the Amendment and extend the expiration date of the Amendment until June 30, 2020
with an option to extend for an additional twelve (12) month period, upon the mutual agreement of
the Planning Director and KLOR, with no need to follow the hearing requirements as set forth in
the Amendment.
II. Second Amendment Requirements
The parties recognize the binding effect of Sections 163.3220-163.3243, Florida Statutes, as to the form and
content of this Second Amendment 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 Second Amendment are set forth in Exhibit A
Amendment to Development Agreement.
B. Duration of Agreement
The Amendment shall remain in effect until June 30, 2020 with an option to extend for an additional twelve
(12) month period, upon the mutual agreement of the Planning Director and KLOR, with no need to follow the
hearing requirements as set forth in the Amendment.. 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
C. Recording
The County shall record this Second Amendment 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.
D. Ratification of Amendment
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Except as expressly modified and superseded by this Second Amendment, the terms and provisions of the
Amendment are hereby ratified and confirmed and shall continue in full force and effect.
E. Entire Agreement
This Second Amendment 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 Second
Amendment 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 Second Amendment 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 Second Amendment shall be construed and interpreted under
th
laws of the State of Florida. Mediation shall be governed by the rules of the 16 Judicial Circuit Court in and
for Monroe County, Florida. This Second Amendment is not subject to arbitration.
H. Conflicting Resolutions
All resolutions or parts thereof in conflict with the provisions of this Second Amendment and its resolution
are hereby repealed to the extent of such conflict.
I. Successors and Assigns
This Second Amendment shall be binding upon the parties hereto, their successors in interest, heirs,
assigns, and personal representatives.
J. Notices
All notices, demands, requests, or replies provided for or permitted by this Second Amendment 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
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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:
Emily Schemper, AICP, CFM
Senior Director of Planning
Planning & Environmental Resources
2798Overseas Highway, Suite 400
Marathon, FL. 33050
The address of Key Largo Ocean Resort Condominium Association, Inc. shall be:
Eduardo Calil, President
Key Largo Ocean Resort Condominium Association, Inc.
94825 Overseas Highway
Key Largo, FL 33037
K. Effective Date
The effective date of this Second Amendment is 30 days after the duly signed and recorded Second
Amendment 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.
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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 Largo Ocean Resort Condominium Association, Inc.
By: .
Print name Eduardo Calil, President
Dated: .
Signature
The forgoing instrument was acknowledged before me on this day of ,
2018, by . He/She is personally known to me or produced
as identification and did not take an oath.
,
Notary Public
,
Printed Name
My Commission expires:
My Commission number:
APPROVAL OF MONROE BOARD OF COUNTY COMMISSIONERS
On this day of , 2018, Monroe County Board of County Commissioners approved this
Second Amendment by Monroe County Board of County Commissioners Resolution No. .
ATTEST: Kevin Madok, Clerk
MONROE COUNTY, FLORIDA
,
Deputy Clerk BY: MAYOR SYLVIA J. MURPHY
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Attachment: 2006 Development Agreement KLOR (KLOR development agreement)
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Attachment: 2006 Development Agreement KLOR (KLOR development agreement)
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Attachment: 2006 Development Agreement KLOR (KLOR development agreement)
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Attachment: 2006 Development Agreement KLOR (KLOR development agreement)
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Attachment: 2006 Development Agreement KLOR (KLOR development agreement)
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Attachment: 2006 Development Agreement KLOR (KLOR development agreement)
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Attachment: 2006 Development Agreement KLOR (KLOR development agreement)
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Attachment: 2006 Development Agreement KLOR (KLOR development agreement)
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Attachment: 2006 Development Agreement KLOR (KLOR development agreement)
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Attachment: 2006 Development Agreement KLOR (KLOR development agreement)
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Attachment: 2006 Development Agreement KLOR (KLOR development agreement)
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Attachment: 2006 Development Agreement KLOR (KLOR development agreement)
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Attachment: 2006 Development Agreement KLOR (KLOR development agreement)
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Attachment: 2006 Development Agreement KLOR (KLOR development agreement)
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Attachment: 2006 Development Agreement KLOR (KLOR development agreement)
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Attachment: 2006 Development Agreement KLOR (KLOR development agreement)
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