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11/08/1999 Agreement llannp 1.. itolbagt BRANCH OFFICE 3117 OVERSEAS lllGHWAY MARAnION, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERSEAS lllGHWA Y PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM DATE: November 22, 1999 TO: Timothy McGarry, Director Growth Management Pamela G. Hancoc~ Deputy Clerk (Y FROM: At the November 8, 1999 Special County Commission Meeting, the Board granted approval and . authorized execution of a Development Agreement between Monroe County and Grande Harbor Ocean Club LTD (Grande Harbor), Richard Elgersma, Jr. (owner of Overseas Motel, Marathon), the Pigeon Key Foundation, and the Florida Department of Community Affairs (DCA) under Chapter 380.032 Florida Statutes. Enclosed please find three (3) duplicate originals of the above Agreement; one for return to DCA, one for return to our office, and one for your files. If you have any questions regarding the above please do not hesitate to contact this office. Enclosures Cc: County Attorney County Administrator w/o document ../File DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (Agreement) is binding on the "effective date" as set forth herein between Monroe County, a political subdivision of the State of Florida; Grande Harbor Ocean Club, Ltd., (Grande Harbor) a Florida Limited partnership; Richard Elgersma, Jr., owner of Overseas Motel, Marathon, Florida; the Pigeon Key Foundation, a federally recognized not-for-profit corporation and the State of Florida Department of Community Affairs (DCA.) WITNESSETH WHEREAS, Grande Harbor is the owner of real property on Key Vaca, Marathon, Monroe County, Florida, located at the intersection of US Highway 1 and 98th and 99th Streets fronting on the Atlantic Ocean, the legal description of which is contained in Exhibit A hereto - Survey of the Grande Harbor property; and WHEREAS, Richard Elgersma, Jr., is the owner of real property located at Lot 3 and a part of Lot 4, Block 4, of the Marathon Beach Subdivision as recorded in Plat Book 2, .:r Q 0 _ Page 16, of the public records of Monroe County, Florida, or as otherwise k~~ tC ;1 :iF:c:. ~ a Overseas Motel, Marathon, Monroe County, Florida, the legal descriPtion1If~Ch~ ~ ~$~ ~ contained in Exhibit B hereto - Survey of the Overseas Motel property; a~:? ~ ::0 "T.. S .,." WHEREAS, there are thirty-five (35) units of transient and permanent ~siiii orl~ "~ 0, " .c:::J Overseas Motel property consisting of twenty (24) units in the motel, ten (10) mobile homes rented transiently, and one (1) single-family home; and WHEREAS, both Grande Harbor and the Overseas Motel are located in the Florida Keys Area of Critical Concern as defined by Chapter 380.0552 Florida Statutes; and WHEREAS, the Pigeon Key Foundation is a not-for-profit foundation chartered in the State of Florida for the purposes of promoting the retention of the historic Pigeon Key portion of Monroe County and the historic Overseas Railroad and to promote educational and training programs concentrating on understanding and preservation of the Monroe County marine environment; and WHEREAS, the Pigeon Key Foundation wishes to establish a permanent location for the housing of students and others engaged in the educational and research programs sponsored by the Pigeon Key Foundation; and WHEREAS, Grande Harbor has received final Monroe County and DCA approval for the development of twenty (20) residential units on its property with the use of transferable development rights as expressed in Monroe County Minor Conditional Use Development Order No. 17-97 (Development Order, Exhibit C;) and WHEREAS, Section 380.032 Florida Statutes authorizes the DCA to enter into agreements with landowners and or governmental agencies to effectuate the provisions and purposes of the Florida Environmental Land and Water Management Act, which created the Florida Keys Area of Critical State Concern; and WHEREAS, the Overseas Motel is the first motel built in Marathon (1938) and is of historic and community interest because of its location and expression of Keys art deco style. WHEREAS, the Monroe County Year 2010 Comprehensive Plan (Comprehensive Plan) contains objectives and policies that seek to reduce the frequency of uses Page 2 of 24 Grande Harbor Development Agreement November 4, 1999 inconsistent with the Land Development Regulations and the Future Land Use Map (Objective 101.8;) and WHEREAS, the existing Overseas Motel is directly north across US Highway 1 from the planned county park and marina, from which the Pigeon Key Foundation will provide access to Keys waters for training programs; and WHEREAS, there are ten mobile homes that have in the past and are presently used for transient rental purposes as a part of the Overseas Motel; and WHEREAS, the identification of the Overseas Motel as a historic resource and its reuse for educational nonprofit use are consistent with the Comprehensive Plan Policies 104.5.1 and 104.6.3; and WHEREAS, the transfer of the Rate of Growth Ordinance (ROGO) Exemptions (TRE's) enabled by this Agreement will serve to eliminate twenty (20) transient units from the inventory of Monroe County; and WHEREAS, the transfer of the TRE's enabled by this Agreement will result in the removal of nine (9) mobile homes that are "at risk" structures subject to severe damage in the event of even a moderate hurricane; and WHEREAS, ten (10) of the existing Overseas Motel units left in place by this Agreement will be utilized as institutional housing for the participants in the programs administered by the Pigeon Key Foundation; and WHEREAS, four (4) of the existing Overseas Motel units left in place by this Agreement will remain as transient rentals; and Page 3 of 24 Grande Harbor Development Agreement November 4, 1999 WHEREAS, the existing single-family residence on the Overseas Motel property will be enlarged by the removal of two (2) transient units presently part of the structure for the purpose of creating more usable area. WHEREAS, Monroe County and DCA wish to reduce the transient residential density of the Overseas Motel; and WHEREAS, thirty-five (35) cesspits or non-compliant septic tanks will be removed from the Overseas Motel property as a result of this project; and WHEREAS, the Overseas Motel was in existence at the time of Monroe County's analysis and census of existing dwelling units, April 1990, the results of which formed a major basis of the ROaO ordinance cited above; and WHEREAS, the units to be constructed and transferred as enabled by this Agreement will not exceed those already in place at the Overseas Motel site; and WHEREAS, Monroe County and DCA acknowledge that the Overseas Motel, which presently contains thirty-five (35) units on 1.38 acres, a density of twenty-four (24) units per acre, which is in excess of that allowed by the Land Development Regulations for a property of that size, would meet several objectives and policies of the Comprehensive Plan with regard to infill and the protection of historical resources; and WHEREAS, Monroe County and DCA acknowledge that the transfer of twenty (20) Roao exemptions from the Overseas Motel will meet several objectives and policies of the Comprehensive Plan with regard to infill development of existing commercial centers and the protection of historical resources; and Page 4 of 24 Grande Harbor Development Agreement November 3, 1999 WHEREAS, Monroe County and DCA acknowledge that at present there are no specific provisions of the County Land Development Regulations which allow for the transfer of ROGO exemptions, but which may be promulgated in the future; and WHEREAS, the transfer of ROGO exemptions from the Overseas Motel site is not permittable under the current Monroe County Development Regulations; and WHEREAS, Monroe County and DCA find that entering into this Agreement furthers the purposes, goals, objectives, and policies of the Comprehensive Plan and the Principles for Guiding Development of the Florida Keys Area of Critical State Concern designation. NOW THEREFORE, the parties do hereby agree as follows: I. DEVELOPMENT AGREEMENT The purpose of this Agreement is threefold: A. To enable the Pigeon Key Foundation to obtain a home for the students and other participants in its programs that is close to the county marina on Boot Key Harbor, from which the Pigeon Key Foundation may operate its programs; further, it is the purpose of this Agreement to allow the Pigeon Key Foundation flexibility in the use of the facilities on Pigeon Key so that the housing of participants will not interfere with the educational and cultural programs that take place on the small premises of Pigeon Key. B. To protect and preserve a historical and community resource, which is the Overseas Motel - the first motel built in Marathon. Page 5 of 24 Grande Harbor Development Agreement November 4, 1999 C. To allow Grande Harbor to become a receiver site for the ROGO exemptions available from the Overseas Motel as enumerated above thereby reducing the density of the Overseas Motel's property to a level consistent with its size and Comprehensive Plan policies and zoning designations. II. AGREEMENT REQUIREMENTS The parties recognize the binding effect of 380.032 Florida Statutes as to the form and content of this Agreement and in accordance therewith set forth and agree to the following: A. Legal Description and Ownership The legal descriptions for the properties that are subject to this Agreement are set forth in a survey of the Grande Harbor property (Exhibit A) and a survey of the Overseas Motel property (Exhibit B), both of which are attached hereto and made a part hereof. B. Duration of Agreement This Agreement shall remain in effect for five (5) years from its effective date as defined herein. It is the intention of Monroe County and DCA to promote rational and timely development of the properties to maximize best land use management practices consistent with the landowner's rights and commitments described herein. C. Permitted Uses The development uses permitted on the properties, including the population densities and building intensities and heights are: Page 6 of 24 Grande Harbor Development Agreement November 4, 1999 1. As to the Grande Harbor property, the development approved is set forth in the Monroe County Minor Conditional Use Development Order No. 17-97 (Development Order, Exhibit C) inclusive of twenty (20) multifamily residential units enabled by the transfer of ROGO exemptions from the Overseas Motel property, together with the amenities, utilities and access enabled by the development order. 2. As to the Overseas Motel property, the allowed uses shall be the following: a. Residential use - ten (10) units of institutional residential housing subject to the conditions set forth in Sections II D.4; II E.2 and IV C, of this Agreement for the exclusive purpose of housing participants in the programs administered by the Pigeon Key Foundation. b. Accessory uses. c. One (1) single-family home structure. d. Four (4) transient rental units For the duration of this Agreement, the parties agree that any and all of the approved development shall comply with and be controlled by this Agreement, Monroe County Minor Conditional Use Development Order No. 17-97 (Development Order, Exhibit C) the Land Development Regulations, and the Comprehensive Plan governing the development of the land effective when Monroe County, Grande Harbor, Overseas Motel, the Pigeon Key Foundation, and DCA execute this Agreement as authorized by Page 7 of 24 Grande Harbor Development Agreement November 4, 1999 Section 380.032, Florida Statutes; however, in no way shall this section require Grande Harbor to undertake the responsibilities of the Overseas Motel, nor shall this section require the Overseas Motel to undertake Grande Harbor's responsibilities, nor does this Agreement require either Grande Harbor or Overseas Motel to undertake any responsibility of the Pigeon Key Foundation once the ROGO exemptions are transferred. D. Public Facilities 1. The Florida Keys Aqueduct Authority provides domestic potable water to the subject properties. 2. Electric service is provided by Florida Keys Electric Cooperative to the subject properties. 3. Solid waste service is provided to the subject properties by a solid waste collection system franchised by Monroe County. 4. Grande Harbor, Overseas Motel, and the Pigeon Key Foundation shall provide wastewater and sewage collection and disposal via onsite systems. E. Reservation or Dedication of Land There is no reservation or dedication of land for public purpose contemplated by this Agreement. F. Local Development Permits The following is a list of all development permits approved or needed to be approved for the development of the property as specified and requested in this Agreement: 1. Approved Development Permits Page 8 of 24 Grande Harbor Development Agreement November 4, 1999 a. This Agreement b. The approved, final site plan, landscape plan, drainage plan, and building elevations and floor plans as encompassed by and referred to in Monroe County Minor Conditional Use Development Order No. 17-97 (Development Order, Exhibit C) for the development of Grande Harbor. 2. Further Development Permits Required a. Conditional use approval for the redevelopment and historic preservation of that portion of the Overseas Motel which will house the Pigeon Key Foundation staff and programs. b. Building and related construction permits for all main and accessory structures, land clearing, and landscaping as appropriate on Grande Harbor and Overseas Motel properties. c. Federal, State, South Florida Regional Planning Council, and Monroe County permits for storm-water when necessary, if required. d. Demolition or renovation permits as necessary for the elimination of twenty (20) transient units. G. Finding of Consistency By entering into this Agreement, Monroe County and DCA find that the development permitted or proposed herein is consistent with and furthers the Comprehensive Plan. Page 9 of 24 Grande Harbor Development Agreement November 4, 1999 H. Breach, Amendment, Enforcement, and Termination Exclusive of any others except those imposed by law, the following additional conditions, terms, restrictions, or other requirements are also determined by the parties to be necessary for the execution and enforcement of this Agreement: 1. Breach of Agreement and Cure Provisions a. Upon Grande Harbor's, Overseas Motel's, or the Pigeon Key Foundation's material breach of the terms and conditions of this Agreement, Monroe County or DCA shall serve written notice on and shall provide Grande Harbor, Overseas Motel, or the Pigeon Key Foundation the opportunity, within ninety (90) days, to propose a method of fulfilling the Agreement's terms and conditions or curing the breach. Monroe County or DCA shall allow Grande Harbor, Overseas Motel, or the Pigeon Key Foundation an opportunity to cure the breach or to negotiate an amendment to this Agreement within a reasonable time, not to exceed ninety (90) days after Grande Harbor, Overseas Motel, or the Pigeon Key Foundation response or proposal, absent exigent circumstances. b. The following events, unless caused by fire, storms, floods, other acts of God, or events beyond the control of Grande Harbor, Overseas Motel, or the Pigeon Key Foundation are to be considered a material breach of this Agreement: (1) the failure to comply with the provisions of this Agreement or the development order attached hereto as Exhibit C; (2) the failure to maintain conditions placed on permits or approvals contained in Page 10 of 24 Grande Harbor Development Agreement November 4, 1999 or issued as a direct result of this Agreement; (3) the failure to comply with applicable permitting requirements of Monroe County after notice and opportunity within ninety (90) days to commence to comply with such permitting requirements or, if applicable, to commence compliance with such requirements and have completed within a reasonable time as mutually agreed by the parties if compliance requires more than sixty (60) days. 2. Amendment, Termination, or Revocation The parties hereto shall at all times adhere to the terms and conditions of this Agreement. Amendment, termination, extension, or revocation of this Agreement shall be made in accordance with the notification and procedural requirements set forth herein. Amendments to this Agreement shall subject Grande Harbor, the Overseas Motel, or the Pigeon Key Foundation to the laws and policies in effect at the time of the amendment only if the conditions of 163.3233 (2) Florida Statutes are met. It is further agreed that no modifications, extensions, amendments, or alterations of the terms or conditions contained herein shall be effective unless contained in a written document approved and executed by the parties to this Agreement. 3. Hearing Requirements a. Before amending, terminating, or revoking this Agreement, Monroe County shall conduct at least two (2) public hearings. The hearings shall be held pursuant to an application filed with Monroe County by the Page 11 of 24 Grande Harbor Development Agreement November 4, 1999 party seeking to amend, terminate or revoke this Agreement, along with the requisite filing fee. b. Notice of intent to amend, terminate, or revoke this Agreement shall be advertised at least seven (7) days before the public hearing in a newspaper of general circulation and readership in Monroe County. The day, time, and place of any further public hearing shall be announced at the first public hearing and the date thereof shall be advertised at least seven (7) days before such public hearing. The notices shall specify the location of the property subject to this Agreement, the development uses proposed on the property, the proposed population densities, and the proposed building intensities and height, and shall specify a place where a copy of the proposed amendment, termination or revocation, and supporting information can be obtained. 4. State and Federal Law If State or Federal laws enacted after the effective date of this Agreement preclude any party's compliance with the terms of this Agreement, this Agreement shall be modified as is necessary to comply with the relevant state or federal laws; however, this Agreement shall not be construed to waive or supersede any contention under law that Grande Harbor, Overseas Motel, or the Pigeon Key Foundation has acquired vested rights under prior law. Page 12 of 24 Grande Harbor Development Agreement November 4, 1999 5. Enforcement a. If Monroe County, through its planning department, finds that Grande Harbor, Overseas Motel, or the Pigeon Key Foundation or a successor is in material breach of this Agreement, and after notice is given as provided herein to respond to or cure said breach, Grande Harbor, Overseas Motel, or the Pigeon Key Foundation fails within a reasonable time to respond, cure, or secure and amendment resolving the breach, Monroe County may utilize appropriate code enforcement remedies to cure any breach. b. Monroe County, Grande Harbor, Overseas Motel, or the Pigeon Key Foundation, their successors or assigns, any aggrieved or any adversely affected person as defined in 163.3215(2) Florida Statutes may file an action for injunctive relief in the Circuit Court of Monroe County to enforce the terms of this Agreement or to challenge compliance with the provisions of 163.3243 and 380.032 Florida Statutes. c. Nothing contained herein shall limit any other powers, rights, or remedies that any party has, or may have in the future, to enforce the terms of this Agreement. III. Compliance with Other Laws The failure of this Agreement to address a particular permit, condition, term, or restriction shall not relieve Grande Harbor, Overseas Motel, or the Pigeon Key Page 13 of 24 Grande Harbor Development Agreement November 4, 1999 Foundation of the necessity of complying with the laws governing said permitting requirements, conditions, terms or restrictions. IV. Additional Provisions A. Transfer of ROGO Exemptions 1. Monroe County and DCA acknowledge that Overseas Motel has excess density in the form of ROGO exempt units that, by the covenants and stipulations of this Agreement, may be transferred to other properties. 2. Monroe County and DCA shall allow the transfer of twenty (20) ROGO exemptions from the Overseas Motel to Grande Harbor to allow the construction of the residential component of Monroe County Minor Conditional Use Development Order No. 17-97 (Development Order, Exhibit C;) furthermore, Grande Harbor shall be exempt from the requirement of obtaining a cesspit credit for the issuance of building permits authorized pursuant to Monroe County Minor Conditional Use Development Order No. 17-97 (Development Order, Exhibit C.) Any ROGO Exemptions and/or cesspit credits created by the redevelopment plan which are in excess of those required by the development of the Grande Harbor property or the redevelopment of the Overseas Motel property shall become the property of Monroe County. 3. Should circumstances beyond the control of Grande Harbor prevent the use of some or all of the twenty (20) ROGO exemptions, Grande Harbor shall have the ability to transfer those ROGO exemptions obtained from Overseas Motel to other eligible properties in the Middle Keys Area of unincorporated Page 14 of 24 Grande Harbor Development Agreement November 3, 1999 Monroe County, subject to Monroe County approval via a conditional use approval or separate agreement. 4. None of the ROGO exemptions transferred from the Overseas Motel may be transferred to a site that is more environmentally sensitive than Overseas Motel property, pursuant to Section 9.5-343 of the Monroe County Land Development Regulations, nor shall the ROGO exemptions be transferred to the Offshore Island, Mainland Native, Native, Sparsely Settled, or Parks and Refuge land-use districts. B. Method of Approval for Transfer of ROGO Exemptions This Agreement shall be the instrument that allows the transfer of twenty (20) units of transferable ROGO exemptions from Overseas Motel to Grande Harbor. Overseas Motel shall file and record with the Monroe County Clerk of Court (upon sale of the transferable ROGO exemptions to Grande Harbor) a deed restriction on its property limiting the density to not more than fifteen (15) units of residential density as follows: one (1) single-family home, four (4) transient rental units, and ten (10) institutional residential units. C. Development Site Plan Approvals for Overseas Motel and the Pigeon Key Foundation The Pigeon Key Foundation shall have the sole responsibility of preparing a redevelopment plan for the Overseas Motel property, which shall specify landscaping, buffers, setbacks, open space, and access. The Pigeon Key Foundation shall submit the plan within sixty (60) days of the recording of this Agreement. Monroe County shall process the application for approval via a minor conditional use approval within 120 days of the recording of this Page 15 of 24 Grande Harbor Development Agreement November 4, 1999 Agreement. The approval of Overseas Motel's redevelopment plan and historic preservation plan shall not be precedent to the transfer of ROGO exemptions to Grande Harbor, nor shall approval of the redevelopment plan or the historic preservation plan be required prior to the construction of units at Grande Harbor. However, any and all units being transferred to Grande Harbor via the transfer of ROGO exemptions shall be eliminated from the Overseas Motel site prior to the construction of any and all units at Grande Harbor by: 1. demolishing and removing nine (9) of the existing mobile homes pursuant to demolition permits issued by the Monroe County Building Department; and 2. reconfiguring or demolishing and removing the balance of the transient rental units pursuant to a plan approved by the Monroe County Planning Department and for which applicable building or demolition permits have been issued by the Monroe County Building Department. This Agreement supersedes the time requirements of Section 9.5-72 (a) (1). D. Recording Monroe County shall record this Agreement 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 Grande Harbor. E. Entire Agreement This Agreement incorporates and includes all pnor negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, Page 16 of 24 Grande Harbor Development Agreement November 4, 1999 agreements, or understandings concerning the subject matter of this Agreement that are not contained in or incorporated into this document; accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. F. Severability If any part of this Agreement 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. Limitation on Individual Liabilities and Responsibilities Notwithstanding the individual liabilities and responsibilities of Grande Harbor, Overseas Motel, or the Pigeon Key Foundation as described by this Agreement, nothing herein shall require the acts or responsibilities of Grande Harbor to be precedent to Overseas Motel being able to carry out the development authorized by this Agreement (with the exception of the transfer of ROGO exemptions to Grande Harbor) nor shall the acts or responsibilities of Overseas Motel or the Pigeon Key Foundation be precedent to Grande Harbor being able to carry out the development authorized by this Agreement or the Monroe County Minor Conditional Use Development Order No. 17- 97 (Exhibit C) with the exception of the twenty (20) units of ROGO exemptions transferred from Overseas Motel. Should Overseas Motel fail to transfer the twenty (20) units of ROGO exemptions to Grande Harbor, nothing in this Agreement shall prevent Grande Page 17 of 24 Grande Harbor Development Agreement November 4, 1999 Harbor from obtaining the twenty (20) units of ROGO exemptions from another source. H. 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 Agreement shall be construed and interpreted under the laws of the State of Florida. I. Conflicting Resolutions All resolutions or parts thereof in conflict with the provisions of this Agreement and its resolution are hereby repealed to the extent of such conflict. J. Successors and Assigns This Agreement shall be binding upon the parties hereto, their successors in interest, heirs, assigns, and personal representatives. K. Notices All notices, demands, requests, or replies provided for or permitted by this Agreement shall be in writing and may be delivered by anyone 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 prepaid, to the addresses stated below; or (c) by deposit with an overnight express delivery service. Notice shall be deemed effective upon receipt. Page 18 of 24 Grande Harbor Development Agreement November 4, 1999 For purposes of notice, demand, request, or replies: The address of Monroe County shall be: Mr. James Roberts County Administrator 5100 College Rd. Key West, FL 33040 The address of Overseas Motel shall be: Mr. Richard Elgersma 3600 Overseas Highway Marathon, FL 33050 The address of Grande Harbor shall be by its General Partner: Euclid Developers, Incorporated Mr. Robert Reich, President 119 Euclid Avenue Birmingham, Alabama 35213 -2906 The address of the Pigeon Key Foundation shall be: P. O. Box 500130 Marathon, FL 33050 The address of the Department of Community Affairs shall be: Mr. Stephen Seibert Secretary Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399 L. Effective Date The effective date of this Agreement shall be upon last of the signing by all parties and delivery of proof of recordation to Monroe County. Page 19 of 24 Grande Harbor Development Agreement November 4, 1999 IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year below written. Signed, sealed, and delivered in the presence of: Witness: Richard Elgersma (FLORIDA) ~~f\ N\u..rph4 Print Name Dated: ek~ 1/- /9'~ ?r By: Printed Name ~1'~~(Y~~ SIgnature Dated: State of Florida County of Monroe /Cj--ctA day of~8lI. , The foregoing instru?ent was acknowledged before me on this 1999, by EChdy/4er:>/I1J11 and . v are personally known to me or produced identification and did not take an oath. They as ( 7?1~ Notary Public > ~ :,\-,\; 1'1./$. :v,j.~n\,ll. TEZANOS ,~. ''0 COMMISSION # CC 555990 Printed name%~ rI " BONOEOTHRU Df f\:: ATLANTIC BONDING co.,INe. My commission expires: My commission number: Page 20 of 24 Grande Harbor Development Agreement November 4, 1999 IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year below written. Signed, sealed, and delivered in the presence of: Witness: Grande Harbor Ocean Club, Inc. (FLORIDA) By: ~/~1;1~ ~ E.. ( ~t:>'" Q,-<::r q2. ~ \. , ('"'Q. ~ . Dated: ~ oaWU 6t+et'JOrvrL lfijIJndMJ ture , ::BALBAo ~ Printed Name U'I rz:.1.H:=ll, ~vJOvy-. lA:. ~e4- Signature State of Florida County of Monroe The foregoing instrument was acknowledged before me on this ~.2- day of Nh) , 1999, by He is €on~ as identification and ~own ~_or produced did not take an oath. ~OA<:E~ Notary Public ~"&~'~ BARBARA A. BACON . t'CQMMISStON' CC62553' EXPlRES MAR 02. 2001 ~oC IONDED tHROUGH "IIOf~ An.AHnC eoNOlNG CO~ INC My commission expires: My commission number: Page 21 of 24 Grande Harbor Development Agreement November 4,1999 APPROV AL OF THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS By: J::rtflcfor J J);v;~"Q'I (l r;. CO",_U""'/-r ~-'''''7 Print Name State of Florida County of Monroe The foregoing instrument was acknowledged before me on this ,)et/\. day of A. J ~ ~ill b-'<., , -~ 1999, by ,\, \. hlY"l""""C. ",:> ~Q . He/she E~~~l~y known to me or produced as identification and did not take an oath. ~-~ ' 1 .+; "'\"""Q\.' '-fl1 ~f" ~L Notary Public- i~\':t.~:t~"* Rebecca M. FrIlJer : . :*E MY COMMISSION' CC590870 EXPIRES - ~1 October 6. 2000 .~' 80MJED THRU TRllI' FAlH 1NSUIWICf. INC. My commission expires: j(J !cI--)c:/::,c My commission number: C_C S'IC ? '10 Page 22 of 24 Grande Harbor Development Agreement November 4, 1999 APPROV AL OF THE PIGEON KEY FOUNDATION /.... ~NII/ (!. fJ1 /1P65 Print ame By: ~ n of the Board State of Florida County of Monroe The foregoing instrument was acknowledged before me on this _J'1+t, day of tJ{) J. 1999, by ~1\.i'\ Q.. Mapel' _ . He/she is personally known to me or produced--.flo(e.d.A ~n~I ~ as identification and did not take an oath. ~~ My commission expires: My commission number: ;t'; ~ Patricia Worthington *fii} *My Commission CC72649B ,.,~. Expires March 22. 2002 ......... Page 23 of 24 Grande Harbor Development Agreement November 4, 1999 APPROV AL OF MONROE BOARD OF COUNTY COMMISSIONERS day of ~ , 1999, Monroe County Board of On this fd-, County Commissioners approved this Agreement by Monroe County Board of County Commissioners Resolution No. ATTEST: MONROE COUNTY, FLORIDA DANNY KOHLAGE '.- '~.,:, ;f:-r:..;.;:~','.$t'~"!~,\'i.. ti (1' \.U'.t\~.a-.-.-~ .~~ By: MAYOR WILHELMINA HARVEY ~ . r f' .> ri ~l \ ....' .it..~~~~-:'~f~4iIt~~~.., ., _ rl BY Page 24 of 24 Grande Harbor Development Agreement November 4, 1999 LEGEND ABBREVIATIONS - l ��p0 ) 40 00 u.s n zp N i ry / SNE44 EXHIBIT A LV,c c oc i � eNc pw- sawxc rcor , p r � � K6YSTON6O RD(20') Q _ I I 4"t o OF 1 I z� s � b t�1 P.O.C." CID a OF a b LMr 4 (n (n y IT z FE EL flu a —I -. 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OFTICIAL HLC(.H 800 A6 ( -2 1411 IIIE SL COUNly TLLllDl, F3 LCO+L) ne..o -., OF GOVERNMENT OF 2, ,C..01 6, ., 31 SMUT ,,,C EAR 0.ITY lEI..GY.00 COL 1LNG VOTE -110[,1 ARIY DFSCFIBF()9Y/"Tr.,AID ROIJND 11A-IFI) rlXFRbIZ ft Exhibit B L0U/SA STREET (60'RIGHT OF WMI f I < F r m o ,ice y PARCEL B {f n } �J a l I alr l a ry � a et �aELr o ;` L 19S I i I - li 'a a o rvr LL " xn ae r e .oa vs e.,<aun,c ^• vw< s �6 avEgsEns,gonoa -g.oc'os,gcr T-1.11 11v�o-r rvo. gcrvr a.-�px us on.oe.,.ir.iox..xawn ox sxzcr zorx .e,r.xe s:.awx.eovE o.:x_.rzosz .r AkY a~s . 1r p ErrorvorEsorv"rvprorlp —11K..R—<q>aEoa .«r aaoso SHEET I OF? •-..:Eo w:,x e..o..Eo.E« Is IAIRl- SI d � b n r _ aa5=i3'si�- We�EN41's.''caa£e=ay�3q�y ;3es'msaa^.`=;_^;�'. a a s�?7G"1' :a t m : Exhibit C ' MONROE COUNTY, FLORIDA MINOR CONDITIONAL USE DEVELOPMENT ORDER #17-97 A DEVELOPMENT ORDER GRANTING THE REQUEST OF GRANDE HARBOR OCEAN CLUB FOR MINOR CONDITION- AL USE APPROVAL TO. CONSTRUCT FIVE (5) MULTI- FAMILY CONDOMINIUMS CONTAINING A TOTAL OF TWENTY RESIDENTIAL UNITS, DOCKS, EIGHT (8) CONCRETE BOAT STORAGE BUILDINGS, A TENNIS COURT, .AND A POOL ON PROPERTY DESCRIBED AS PART OF GOVERNMENT LOT 2, SECTION 6, TOWNSHIP 66 SOUTH, RANGE 33 EAST, KEY VACA, MONROE COUNTY, FLORIDA, MILE MARKER 51.5. THE LAND USE DESIGNATION IS SUBURBAN RESIDENTIAL (SR) .AND THE REAL ESTATE NUMBERS ARE 00104390-000000 .AND 00104480-000000. WHEREAS I Grande Harbor Ocean Club is the owner of real prop- erty described as part of Government Lot 2, Section 6, Township 66 South, Range 33 East, Tallahassee Meridian, Key Vaca, Monroe County, Florida, and having real estate numbers 00104390-000000 and 00104480-000000; and WHEREAS I Grande Harbor Ocean Club applied for a minor condi- tional use approval to construct five (5) multi-family condomini- ums containing a total of twenty residential units, docks, eight (8) concrete boat storage buildings I a tennis court I and a pool on the above-described property; and WHEREAS I the above-described property is located in the Suburban Residential (SR) land use district; and WHEREAS I on December 2, 1997, the Development Review Commit- tee of Monroe County, Florida, in accordance with the provisions of Sections 9.5-24 and 9.5-68 of the Monroe County Land Develop- ment Regulations I met to review the request of Grande Harbor Ocean Club; and WHEREAS I the Development Review Committee reviewed the fol- lowing documents relevant to Grande Harbor Ocean Club's request: page 1 MGRANDEH.05/TXTDR InitialA- 1. Application for Development Approval filed by Grande Harbor Ocean Club, including a civil site plan and a conceptual drainage plan prepared by Overbeck & Elliott, dated October 9, 1997; an existing site conditions conceptual layout pre- pared by the Important _ Group and the Robert Smith Group I dated October 22, 1997; floor and elevation plans prepared by John Marshall Scott, AlA, undated; and a sealed boundary survey prepared by John Paul Grimes III, revised and dated October 28, 1997; 2. Staff report submitted by Edward Koconis, Monroe Development Review Planner and Ralph Gouldy, Monroe Environmental Planner dated November 14, 1997 to the opment Review Committee recommending APPROVAL WrTH TrONS; and County County Devel- CONDI- 3. Coordination letters from the following agencies: Florida Keys Aqueduct Authority dated October 16, 1997 Florida Keys Electric Cooperative dated October 20, 1997 Florida Health Department dated October 28, 1997 Monroe County Fire Marshal's Office dated October 10, 1997 South Florida Water Management District dated October 9,1997 Florida Department of Transportation dated October 17, 1997 U.S. Fish and Wildlife Service dated October 31, 1997; and WHEREAS I based on the information and documentary evidence submitted, the Development Review Committee made the following findings of fact and conclusions of law: 1. Based on the Year 2010 Comprehensive Plan, the Committee finds that that the future land use designation is Mixed Use/Commercial (MC) I which does not allow residential us- es. Therefore I the Committee concludes that the proposed project, while in compliance with the Suburban Residential (SR) zoning, is not in compliance with the Comprehensive Plan. 2. Based on the site plan, the allocated density allows for 4.8 DU and maximum net density allows for 24.2 DU. While the 20 condominiums planned for the site are not in compli- ance, the applicant has stated the intent of purchasing the TDRs needed to comply with this issue. Therefore I the Com- mittee concludes that the condominiums are not in compli- ance with Sec. 9.5-269 until the TDRs needed for the site are acquired. 3. Based on all of the plans submitted, there is an inconsis- tency regarding the location of three (3) of the buildings as related to the required 20' setback. Therefore, the Committee concludes that the project is not in compliance with Sec. 9.5-286 and that this inconsistency must be elimi- nated and every building must comply with the 20' setback before any building permits are issued. page 2 MGRANDEH.05/TXTDR Initial-1!1.- 4. Based on the elevation drawings, the height of the condomin- iums is 35' - 0" . However, this height does not state the existing grade nor does it address the VE 13' flood zone of units "A", "B", and "E". These three (3) units must be altered to be built at or below the 35'-0" height limit. Therefore, the Committee concludes that the project is not in compliance with Sec. 9.5-283. 5. Based on the existing site conditions plan, the I Planting Details I lists the required number of shrubs in the SRlsc bufferyard as 30. The required number of shrubs is 42. There is also a garbage dumpster located in the eastern bufferyard near Unit "E". Therefore I the Committee con- cludes that the project is not in compliance with Sec. 9.5 377. 6. Based on the floor plans and the existing site conditions plan, the design of the parking spaces below the buildings does not indicate where any of these could be converted to handicap spaces if required by a condominium owner I the handicap visitor spaces are shown as 20' long instead of the required 21' I and these spaces do not have the required five (5) foot wide striped access aisles. Therefore, the Committee concludes that the project is not in compliance with Sec. 9.5-351. 7. Based on the conceptual drainage plan and stormwater calcu- lations, the proj ect appears to be in compliance. The drainage plan, however I conflicts with the site plan. The County Engineer shall determine if compliance has been met. Therefore I the Committee concludes that compliance with Sec. 9.5-293 shall be determined by the County Engi- neer. 8. Based on the site plan, the applicant has proposed an on- site package sewage system. A letter of coordination has been initiated with the Department of Health but not enough information was provided for that department to make a pre- liminary determination. Therefore I the Committee concludes that compliance with Sec. 9.5-294 cannot be determined un- til the Department of Health is able to make a determina- tion for the project. 9. Based on the elevation plans and FIRM panel 1581, the height of these structures is 35'-0", the first floor eleva- tion is 12'-7", and three (3) of these structures are locat- ed in a VE 13' flood zone. Additionally, the boat storage buildings are required to meet FEMA regulations regarding their location on the site plan. Therefore I the Committee concludes that the project is not in compliance with Sec. 9.5-317. 10. Based on 44" wide the existing site conditions plan, the required access from the handicap parking spaces to the page 3 MGRANDEH.05/TXTDR InitialL elevators is not shown, these spaces are not reasonably close to the condominiums, and several require traveling behind other parked vehicles. Therefore, the Committee concludes that the project is not in compliance with Chap- ter 522, F.S.u 11. Based on the conceptual site conditions plan, the location of the three (3) garbage dumpsters does not appear to be easily accessible to garbage collection vehicles. There- fore, the Committee concludes that the Monroe County Recy- cling Department must state that these locations are easily accessible, and that until such time these dumpster loca- tions are not in compliance with the required recycling plan. WHEREAS, the Development Review Committee, based on its findings of fact, recommended that the Planning Director grant minor conditional use approval to Grande Harbor Ocean Club; and WHEREAS, the Planning Director has duly considered the rec- ommendation of the Development Review Committee and the informa- tion and documentary evidence submitted; and WHEREAS, the Planning Director does not fully concur with the Finding No. 1 of the Development Review Committee that the Mixed Use/Commercial (MC) future land use designation of the property does not allow residential uses and finds that Policy 101.4.5 of the Year 2 010 Comprehensive Plan does provide that various types of residential uses may be permitted within this future land use category; and WHEREAS, the Planning Director finds that attached residen- tial uses are allowed within both the Suburban Residential land use district and the Mixed Use land use district; and WHEREAS, the Planning Director finds that the Mixed Use land use district is consistent with the Mixed Use/Commercial future land use category; and WHEREAS I the Planning Director concludes that the proposed attached residential development is consistent with both the Suburban Residential land use district and the Mixed Use/Commercial future land use designation; and WHEREAS I the Planning Director finds that all allowable uses within the Mixed Use/Commercial land use category are not fully compatible with uses permitted within the Suburban Residen- tial land use disctrict; and WHEREAS I the Planning Director does find that Suburban Resi- dential is fully consistent with the future land use category of Residential Low; and page 4 MGRANDEH.05/TXTDR Initial~ WHEREAS, the Planning Director concludes that the future land use designation of the property requires being amended to Residential Low to ensure the long term development of the sub- j ect property is fully consistent with the Comprehensive Plan; and WHEREAS, the Planning Director supports the recommendation of the Development Review Committee to approve the minor condi- tional use application submitted by Grande Harbor Ocean Club; and WHEREAS, the record established, the testimony offered, and the evidence submitted support the findings of fact and conclu- sions of law adopted by the Development Review Committee I as modified herein by the Director of Planning; NOW THEREFORE, BE IT RESOLVED BY THE PLANNING DIRECTOR OF MONROE COUNTY, FLORIDA, that: The application for a minor conditional use approval sub- mitted by Grande Harbor Ocean Club for the construction of five (5) multi-family condominiums containing a total of twenty resi- dential units, docks, eight (8) concrete boat storage buildings, a tennis court, and a pool, located on property described as part of Government Lot 2, Section 6, Township 66 South, Range 33 East, Tallahassee Meridian, Key Vaca, Monroe County, Florida, is hereby APPROVED, with the following conditions: 1. The applicant shall submit a complete application to the County requesting a change in future land use from Mixed Use/Commercial to Residential Low (RL) prior to the issu- ance of any building permit. 2. The revised site plan shall be submitted for the Planning Department's approval prior to the issuance of a building permit and it shall indicate that: all of the buildings comply with the 20' shoreline setback; the handicap parking spaces are located reasonably close to the building eleva- tors I do not require traveling behind other parked vehi- cles, and have the required 44" wide access from the park- ing spaces to the elevators; the garbage dumpsters are not located within any bufferyard, and are either moved to more easily accessible locations or approved by the Monroe Coun- ty Recycling Department; and the location and screening of sewage treatment is in accordance with condition 8. 3. The Elevation and Floor Plans shall indicate heights of all the buildings I including the boat storage buildings, refer- enced to existing grade NGVD. Units "A" I "B", and "E" shall be altered to meet the 3S' -0" height limit of Sec. 9. S-283, the boat storage buildings shall comply with all FEMA requirements I and the design of the parking areas be- low the buildings shall indicate how they can be converted to handicap spaces if required by a condominium owner. page S MGRANDEH.OS/TXTDR Initial..9M...- This information shall all be completed and submitted prior to the issuance of any building permit. 4. The Existing Site Conditions Plan shall include 42 shrubs in the SR/SC bufferyard_prior to the issuance of any build- ing permit. 5. TDRs shall be acquired prior to the issuance of associated building permits. 6. The stormwater drainage plans and calculations shall be approved by the County Engineer prior to the issuance of any building permits. 7. The Department of Health or the Department of Environmental Protection shall approve the package sewer system prior to the issuance of any building permits. 8. The sewage treatment system shall be relocated toward the center of the property in conjunction with existing fea- tures such as native palms, and screening sh I be provided to protect adjacent property owners from it Date: ~/ /L/9B { I HEREBY CERTIFY that on this day I before me I an officer duly authorized in the State of Florida and in the County of Monroe I to take acknowledgments I personally appeared Timothy J. McGarry, known to me to be the person described in and who exe- cuted the foregoing instrument and he acknowledged before me that he executed the same. COl''1ty and State I .:-- - :? , . : I page 6 MGRANDEH.05/TXTDR Initial~4 NOTICE Section 9.S-72. (a) of Monroe County Code states that a condition- al use permit shall not be transferred to a successive owner without notification to the Development Review Coordinator with- in five (S) days of the transfer. Under the authority of Section 9. S-72 (a) of the Monroe County Land Development Regulations I this Development Order shall be- come null and void, with no further notice required by the Coun- ty, unless a complete building permit application for site prepa- ration and building construction with revised plans as required herein is submitted to the Monroe County Building Official with- in six (6) months of the expiration of the Department of Communi- ty Affairs appeal period or the date when the Department of Com- munity Affairs waives its appeal and all required certificates of occupancy are procured within three (3) years of the date this development order is approved by the Planning Director. If this Development Order is appealed under the Monroe County code or by the Department of Community Affairs, the above time limits shall be tolled until the appeals are resolved. This instrument shall not take effect for thirty (30) working days following the date of memorialization thereof, and during that time permit shall be subject to appeal as provided in Sec- tion 9.S-S21 of the Monroe County land development regulations. An appeal shall stay the effectiveness of this instrument until resolved. In addition, please be advised that pursuant to Chapter 9J-1, Florida Administrative Code I this instrument shall not take ef- fect for forty five (4S) days following the rendition to the Florida Department of Community Affairs. During that forty-five days, the Florida Department of Community Affairs may appeal this instrument to the Florida Land and Water Adjudicatory Com- mission, and that such an appeal stays the effectiveness of this instrument until the appeal is resolved by agreement or order. The implementation of the Monroe County Year 2010 Comprehensive Plan may affect the ability of the applicant to fulfill the pro- visions of this Development Order. page 7 MGRANDEH.OSjTXTDR Initial JA1