Item H2 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December tO, 2014 Division: Growth Management
Bulk Item: Yes X No Department: Planning & Environmental Resources
Staff Contact Person/Phone #: Christine Hurlev, Ext. 2517
Joseph Haberman, Ext. 2532
AGENDA ITEM WORDING:
A resolution by the BOCC approving an extension of two (2) years from the date of the resolution
(December 10, 2014) for the completion of improvements required by §I 10-100 of the Monroe County
related to the final plat approval titled Key Haven Estates.
[ITEM BACKGROUND:
The plat approval involved the subdivision of].and into 43 residential lots and 2 commercial tracts. The
subdivision is to be known as Key Haven Estates, which is a replat of Key Haven 4"' Addition, Lots 9-
23, Key 1,laven 9"' Addition, Lots 3-8 and 11-24, and Enchanted Island, Lots 39-44, 63-72 and 77-83.
The BOCC approved a Development Agreement related to plat and subject properties in 2005. The
agreement is between Key Haven Estates, Ltd. (predecessor in interest to the sub-divider) and Monroe
County. The permitted uses outlined in the agreement are for 43 single-family residences and 10,000
square feet of commercial floor area. The BOCC later approved the Final Plat in 2008, allowing for the
subdivision of land into 43 residential lots and 2 commercial tracts.
§I 10-100 of the Monroe County Code requires the completion of certain improvements within 2 years
of plat recording and provides that a surety bond is an acceptable improvement guarantee to guarantee
the installation of all improvements required. The sub-divider of the subject properties obtained and
maintained a surety bond that meets the requirements of§I 10-1 00(c)(3).
A first time extension was granted pursuant to Florida S.B. 360, where the sub-divider was granted a 2-
year extension to complete the infrastructure. A second time extension was granted pursuant to Florida
H.B. 503, where the sub-divider was granted a 2-year extension to complete the iriftastructure. Without
an additional extension, the date in which the improvements were required to be completed was
August 20, 2014.
The sub-divider of the subject properties has completed substantial work (approximately $932,247.35
to date as shown on the attached Exhibit A-1) on the subject properties, including but not limited to
fire systems, underground sewer, environmental mitigation and fill. However, with the exception of 17
residential lots that are complete, the sub-divider has not completed the installation of all of the
required improvernents within the timefrairie provided.. The sub-divider will need to spend
approximately $1,818,980.00 to complete the infrastructure as shown on the attached Exhibit A-2.
The County may inform the surety bond company the improvements have not been completed and take
necessary actions to complete the required improvements. The purpose and intent of requiring a surety
bond is to reduce the risk that the individual lots that comprise the property would be sold to
individuals without infrastructure.
The sub-divider has extended the surety bond until November 29, 2015 and agrees to extend the bond
for the second year of the extension at such time as the premium becomes due and payable for the term,
of`the extension to be provided. The property owner is willing to agree not to sell such individual lots
that comprise property without full and operational infrastructure.
PREVIOUS RELEVANT BOCC ACTION:
The BOCC approved a Development Agreement related to plat, and subject properties in 2005, as
memorialized in Resolution #85-2005.
The BOCC approved the Final Plat of the subject properties in 2008, as memorialized in Resolution
#251-2008,
CONTRACT/AGREEMENT CHANGES: None
............
STAFF RECOMMENDATION: Approval.
TOTAL COST: N/A INDIRECT COST: NZA BUDGETED: Yes No N/A
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
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 Atty X 0 OMB/PUrchasing Risk Management
DOCUMENTATION: Included X Not Required_
DISPOSITION: AGENDA ITEM#
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MONROE COUNTY, FLORIDA
RESOLUTION NO. -2014
A. RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING AN EXTENSION
OF TWO (2) YEARS FROM THE DATE. OF THIS
RESOLUTION FOR THE COMPLETION OF THE
IMPROVEMENTS REQUIRED BY SFC'.1 ION 1.10-100 OF THE
MONROE COUNTY CODE FOR THE FINAL PLAT OF KEY
HAVEN ESTATES (A SUBDIVISION OF LAND INTO 43
RI SIDENTIAI., LOTS AND TWO COMMERCIAL, TRACTS),
WHICH IS A REPLAT OF KEY HAVEN 4 " ' ADDITION LOTS
19-23; KEY HAVEN 9 "" ADDITION LOTS 3-8 AND 11-24;.
AND ENCHANTED ISLAND LOTS 39-44, 63-72, AND 77-83,
LOCATED wiTHIN SECTIONS 25 AND 26, TOWNSHIP 67,
RANGE 25 EAST, MONROE COUNTY.
WHEREAS, Key haven Estates, LLC ("Subdivider") has requested an extension for the
completion of the improvements required by Section. 110-100 of the Monroe County Code; and
WHEREAS, Board of County Commissioners approved a Development Agreement on
February 9, 2005 pertaining to the subject properties (as memorialized in Resolution 85-2005).
The Agreement is between. Key Haven Estates, Ltd. (,predecessor in interest to Subdivider) and
Monroe County and the permitted uses outlined in the Agreement is for up to forty-three (43)
single-family residences (on 43 lots) and up to 10,000 square feet of commercial floor area; and
WHEREAS, the Planning Commission approved the Preliminary Plat on September 13,
2006 for the subdivision of land into forty-three (43) residential lots and two (2) commercial
tracts to be known as Key Haven Estates; and
WHEREAS, the Final Plat for the subdivision of land into forty-three (43) residential
lots and two (2) commercial tracts to be known as Key Haven Estates, which was signed and
sealed by Frederick H. Hildebrandt on March 8, 2008, was reviewed and recommended for
approval by the Development Review Committee on :tune 10, 2008 and the Planning
Commission on.June 1.1, 2008; and
WHEREAS, the Board of County Commissioners approved the Final Plat for the
subdivision of land into forty-three (43) residential lots and two (2) commercial tracts to be
known as Key haven Estates, on August 20, 2008, as memorialized by Resolution #251-2008;
and
Page I of 3
WHEREAS, Chapter 110 of the Monroe County Code requires the completion of certain
improvements within two (2) years of plat recording and provides that a surety bond is an
acceptable improvement guarantee to guarantee the installation of all improvements required by
Chapter I 10; and
WHEREAS, the Subdivider of the subject properties obtained and maintained a surety
bond that meets the requirements of'Section I 10-1 00(c)(3)of the Monroe County Code ; and
WHEREAS, pursuant to Florida S.B. 360, Subdivider was granted a two (2) year
extension to complete the infrastructure; and
WHEREAS, pursuant to Florida H.B. 503, Subdivider was granted a two (2) year
extension to complete the infrastructure (August 20, 2014); and
WHEREAS, the Subdivider of the subject properties has completed substantial work
(approximately $932,247.35 to date as shown on the attached Exhibit A-1) on the subject
properties, including but not limited to fire systems, underground sewer, environmental
mitigation and fill; however, with the exception of 17 residential lots that are complete,
Subdivider has not completed the installation of all of the required improvements within the
tiniefraine provided by the Monroe County Code; however, the Monroe County Code indicates
the County may inform the surety bond company the improvements have not been completed
and take necessary actions to completed the required improvements; and
WHEREAS, Subdivider will need to spend approximately $1,818,980.00 to complete the
infrastructure as shown on the attached Exhibit A-2; and
WHEREAS, the purpose and intent of requiring a surety bond is to reduce the risk that
the individual lots that comprise the Property would be sold to individuals without infrastructure;
and
WHEREAS, the owner is willing to agree not to sell such individual lots that comprise
property without full and operational infrastructure, according to ExhibitB; and
WHEREAS, based upon the information and documentation submitted, the Board of
County Commissioners makes the following Findings of Fact and Conclusions of Law:
1. The approval of an extension for the completion of the installation of all of the
required improvernents is not inconsistent with said Monroe County Code due to the
fact that the procedure set forth in the Monroe County Code for failure to complete
the installation of the required improvements is discretionary.
2. Subdivider has extended the surety bond until November 29, 2015 and agrees to
extend the bond for the second year of the extension at such time as the premium
becomes due and payable. .
3. Subdivider has agreed to the Deed Restriction attached hereto as Exhibit B.
Page 2 of 3
NOW THEREFORE, BE 11' RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the preceding Findings of
Fact and Conclusions of Law support its decision to APPROVE the extension for two (2) years
from the date of this resolution for the completion of the improvements required by Section I 10-
100 of the Monroe County Code for the final plat for subdivision of land into 43 residential lots
and two commercial tracts to be known as Key haven Estates.
PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS of
Monroe County, Florida, at a regular meeting held on the 10"' of December, 2014.
Mayor Danny L. Kolhage
Mayor pro tem Heather Carruthers
Commissioner Sylvia Murphy
Commissioner George Neu gent .............
Commissioner David Rice
BOAlt1) OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
Mayor Danny L. Kolhage
(SEAI..)
ATTEST: AMY HEAVILIN, CLERK
Deputy Clerk
M01 FROIEO COUNTY ATTORNEY
�
RVED A�10 ORM:
STEVEN t, WiLLAAMS
ASSISTANT COUNTY ATTORNEY
Date
Page 3 of 3
I F31-r A
KEY HAVEN ESTATES
WORK COMPLETED TO DATE
QNTY Unit P.It Pd.. Amount %complete
1.01 Clearing 1 LS $110,000.00 $110,000,00 73.3%
1.02 Earthwork
Fill(assumes 1.5 It over triangle area 20,461 Cy $15.00 $306,915.00 79.0%
Gramm 2 17,320 Sy $2.00 $34,640.00 20.0%
1,03 Erosion Control 0 LS $62,500.00 $0,00
1.04 Water Distribution(Calculated Separately) $134,995.00 45.9%
1.05 Wastewater Collection System
Gravity Sewer 8-Inch Pipe 1,050 LF $75,00 $78,750.00 553%
Service Laterals-4 Inch 0 LF $50.00 $0.00 0,0%
Service Connection-8 Inch x 4 inch Wye 16 EA $1,500,00 $24,000,00 55.2%
Force Main
2 Inch Poly 0 LF $30.00 $0.00 0,0%
4-Foot Manhole 6 EA $7,500.00 $45,000,00 60.0%
Cleanout and Cleanout Box 0 EA $1,000.00 $0.00 0.0%
Connect to Existing Sewer Main(Key Haven Terrace) 0 EA $3,000,00 $0.00 0.0%
Grinder Purnp\Lift Station 0 LS $50.000.00 $0.00 0.0%
Force Main Connection to Existing Manholes-8 Inch 0 EA $1,500,00 $0.00 0.0%
1.06 Pavement
Base Course 0 Sy $10.00 $0,00 0,0%
Surface Course-Type 3 0 SY $20.00 MOO 0.0%
Traffic Stripin2 0 LS $15,000.00 $0.00 0.0%
1.07 Concrete
Curbs,
Type D 0 LF $17,00 $0.00 0.0%
Sldewalks/Ddveways 4"Thick 0 _ SF $10.00 $0.00 0,0%
1.08 Storinwater Mgt,System
Storm Pipe in Place 567 LF $75.00 $42,525.00 46.3%
Storm Inlets 15_ CA $5,000m $75,000.00 115.4%
Baffle Box and Injection Well 1 EA $25,000.00 $25,000.00 41.7%
Storm Pipe Mitered Inlet Assembhes 0 EA $1,500.00 $0.00 0,0%
1,09 Electrical 0 LS $90,000.00 $0.00 U%
Total of Unit Prices $876,825.00
1,10 General Conditions 3% $20,422.35
1.13 Owner's Engineedng and Platting Cost $36,000.00 87.6%
TOTAL AMOUNT SPENT TO DATE $932,247.35
A
KEY HAVEN ESTATES
WORK TO BE COMPLETED
Item Nq. Description QNTY unit Unit Price Amount
1.01 Clearing I LS $15,000.00 $15,000.00
1,02 Earthwork
Fill(assumes 1,5 ft over triangle area) 5,439 Cy $15,00 $81,585.00
Grading 69,280 SY $2,00 $138,560.00
1,03 Erosion Control I LS $62,500.00 $62,500.00
1,04 Water Distribution(Calculated Separately.) $159,010.00
1.05 Wastewater Collection System
Gravity Sewer 8-Inch Pipe 834 LF $75,00 $62,550.00
Service Laterals-4 Inch 635 LF $50,00 $31,750.00
Service Connection-8 Inch x 4 Inch Wye 13 EA $1,500.00 $19,500.00
Force Main
2 Inch Poly 2,770 LF $30.00 $83,100.00
4-Foot Manhole 5 EA $7,500,00 $37,500.00
Cleanout and Cleanout Box 29 EA $1,000,00 $29,000,00
Connect to Existing Sewer Main(Key Haven Terrace) 1 EA $3,000.00 $3,000.00
Grinder Pump\Lift Station 2 LS $50,000.00 $100,000.00
Force Main Connection to Existing Manholes-8 Inch 1 EA $1,500.00 $1,500.00
1,06 Pavement
Base Course 8,874 SY $10.00 $88,740.00
Surface Course-"rype 3 8,874 SY $20.00 $177,480.00
Traffic Striping I LS $15,000.00 $15,000.00
1.07 Concrete
Curbs
Type D 5,550 LF $1T00 $94,350.00
Sidewalks/Driveways 4"Thick 27,900 SF $10.00 $279,000,00
1.08 Stormwater Mgt.System
Storm Pipe in Place 825 LF $75.00 $61,875.00
Storm Wets 2 EA $5,000.00 $10,000.00
Baffle Box and Injection Well 1 EA $35,000.00 $35,000.00
Storm Pipe Mitered Inlet Assemblies 60 EA $1,500.00 $90,000.00
1.09 Electrical 1 LS $90,000.00 $90,000.00
Total of Unit Prices $1,766,000.G0
1.10 General Conditions 3% $52,980.00
1,11 Estimated Construction Cost $1,818,980.00
1.12 Guarantee Construction Cost(130%of the estimated construction cost) $2,364,674.00
113 Owner's Engineering and Platting Cost $6,000.00
1.14 County Engineering and inspection Costs $6,000.00
1.15 Preacceptance maintenance cost(10%of the construction cost) $181,898.00
1,16 Damage and nuisance guarantee(5%of the construction cost) $90,949.00
ITOTAL COST FOR GUARANTEE AMOUNT I =$2,647,521.00�
THIS INSTRUMENT PREPARED BY
AND RETURN TO:
ERJCA HUGHES STERLING, ESQ.
SPOTTSWOOD, SPOITSWOOD
&SPOTTS WOOD
500 Fleming Street
Key West, Florida 33040
DECLARATION OF RESTIUCTION
This Declaration of Restriction (hereinafter "Declaration") is made and entered into this
day of , 2014, by Key Haven Estates, LLC
(hereinafter "Declarant"), whose principal rnailing address is
Key West, FL, 33040.
This Declaration applies to the real property that hat is subject to the final plat for Key Haven
Estates, in Key West, Florida, which is more fully described in the Legal Description
attached hereto and incorporated herein as Exhibit A (hereinafter ""Pro -erty").
RECITALS
A. DECLARANT is the fee simple owner of the Property.
B. Pursuant to Resolution No. - of the Monroe County Board of
County Commissioners, Declarant was granted a 2 year extension to December 10, 2016 far
the tirrieframe to complete the necessary improvements required by Chapter 110 of the
(the required improvements shall hereinafter be referred to as "Infrastructure")
conditioned upon the extension of the surety bond required by Chapter 110 and the
recording of restrictions regarding the sale of the Property.
C. It is the intent of the restriction in this Declaration to reduce the risk that
the individual lots that comprise the Property would be sold to individuals without infrastructure
and to assign to Monroe County, Florida (hereinafter "County") the right to enforce compliance
with this Declaration.
D. Declarant deems it desirable that the Property be held subject to the restriction
which is more particularly hereinafter set forth.
NOW, THEREFORE, to ensure that parties with any right, title, or interest in the
Property are on notice of the Restriction described herein and for other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged by each of the
undersigned parties, Declarant agrees as follows:
1. 1'he foregoing recitals are true and correct and are incorporated herein by
reference.
2. a. Declarant hereby imposes on the Property the following restriction
("Restriction"): Declarant shall not sell or transfer any individual lot within the
Property without completing the installation and making it operational for the
benefit of the lot buyer, of the Infrastructure for any such individual lot. The
completion of the Infrastructure shall be evidenced by final approval and
acceptance of the Infrastructure for any such lot by the County. In the event
Declarant sells or transfers an individual lot without completing the Infrastructure
for said lot, County may in for ni the bonding cornpany in writing of the default by
Declarant, call the entire Bond and request that it take necessary actions to
complete all of the remaining Infrastructure for the entire Property prior to the
expiration of the two (2) year extension provided by Resolution No.
b, Notwithstanding the Restriction set forth in Paragraph 2(a) above and any
other provision contained herein to the contrary, Declarant shall be authorized to
sell individual lots that have complete and operational Infrastructure. Declarant
shall also be authorized to sell the lots that are commonly referred to as Enchanted
Island and more particularly described in the attached Exhibit B, prior to
completion of the Infrastructure; provided however, all of the lots described in
Exhibit B ("Enchanted Island") shall be sold together andnot as individual lots
-e is por InfrastrUCAUIV). qi-e,ttiis Rest riction shall run with
the F,11chanted Island ]aud and b j 11&lLf��carte any successor hi interest so that sak-1
SUccessor.,shalLbe 1 11 CtiVidUtlt lOtS until SL[Ch time U S' OIC
-I�IjKjhited 1rom selli &_iJI
...............
Infrastructure for said lots is cornpietc )erati.onal.
1 It is the intention of Declarant that the restrictions contained in this Declaration
shall touch and concern the Property, run with the land and with the title to the
Property except for Enchanted Island, and shall apply to and be binding upon and
inure to the beneFit of the successors and assigns of Declarant, and to County, its
successors and assigns, and to any and all parties hereafter having any right, title
or interest in the Property or any part thereof, except for Enchanted Island,. The
County, and its successors and assigns, may enforce the terms and conditions of
this Declaration by injunctive relief and other appropriate available legal remedies
provided herein. Any forbearance on behalf of the County to exercise its right in
the event of the failure of the Declarant, its successors and assigns to comply with
the provisions of this Declaration shall not be deemed or construed to be a waiver
of the County's rights hereunder.
4. This Declaration is binding until a release of covenant is executed by the County
upon the completion of the installation of the Infrastructure for the Property.
This Declaration may be modified in writing only. Any subsequent
amendment(s) must be executed by both Declarant and the County, or their
respective successors or assigns, and be recorded by Declarant or its successors
and assigns as an amendment hereto.
5. If any provision of this Declaration is held to be invalid by any court of competent
jurisdiction, the invalidity of such provision shall not affect the validity of any
other provisions thereof. All such other provisions shall continue unimpaired in
full t"orce and effect.
The reniainder of this Ica has intentionally been left blank.
Si mature vage to follow.
- 2 -
Signed, sealed and delivered in the presence of:
WITNESS: DECLARANT:
KEY HAVEN ESTATES,LLC
By:_,
Print Name:
(Mailing Address)
Print
STATE OF -.
COUNTY OF
The foregoing instrument was acknowledged before nee this_day of 2014, by
as ......................— of Key Haven Estates,
LLCM.
Such person did/did not take an oath and: (notary must check applicable box)
Personally Known
OR
Produced Identification
Type of Identification Produced:
a current Florida Driver's License as identification, number
OR
produced as identification.
{Notary Seal must be affixed!
3 -
EXHIBIT A
Legal Description
- 4 -
Exhibit B
Enchanted Island
__34,_35, 36, 37, 38,39 42 and 43, and Enchanted -Ln -TLqa
JV�Oy R(gj)t,,pf y, A
3 of KEY HAVEN ESTATES.- accord'n to the Plat thereof as recorded in Plat Book _PAg e 18,
of_jljg Public Records of Monroe Cgurity Florida.
- 5 -
OLD HICXORY
Key Haven E'Statei 1.LC Please remit payment to:
till Praarnl EtitrF°e(.Suite 224 C7dti r1la,kory Insurance eA cnC'y
Indianapolis, IN 46206-208"".
INVOICE
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County oC Monroe
CARRIER
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INVOICE &MOj.JN-l'
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PLEASE REFERENCE BOND AND/OR INVOICE NUMBER ON CHECK
0Id I icy ory Insut':R ace Agency 12890 t.obitiott rl.oaci, Matint luiiet,"1 N 37l22
Phone: 615-553-95036 Fax: 615-553-9502
Email: jshroderC,re;lcxonstrrety.com
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