Loading...
Item R1BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Dec. 20 2006 Division: Growth Management Bulk Item: Yes _ No X Department, Plannin Staff Contact Person: Tv S,,rriroski AGENDA ITEM WORDING: Approval of a Development Agreement for Oceanside Marina (AKA, Dings Pointe Marina) 5950 & 5970 Peninsular Ave. Stock Island and Lazy Lakes Campground, 311 Johnson Road Ocean, Sugarloaf Key, ITEM BACKGROUND: The applicant proposes to build 32 market rate units at Oceanside Marina and modify the existing layout of the bathhouse, boat barns and add nine (9) boat slips. 60 units of affordable/employee housing is proposed for Lazy Lakes to replace the existing campground and 21 market rate units will be available to built elsewhere. PREVIOUS RELEVANT BOCC ACTION: This was on. the agenda of November 15, 2006 but the item was not heard and no action was taken. CONTRACT/AGREEMENT CHANGES: Not applicable STAFF RECOMMENDATIONS: This is a fairly complex proposal. The staff recommends that the Board listen to the proposal and staff presentation, endorse the general approach, direct staff to approach the Department of Community Affairs (DCA) with the proposal, and table the item to the regular meeting in Key, West on January 17, 2006. Staff will then work out details of the contract with the applicant and DCA and bring the agreement back. to the BOCC. TOTAL COST: NA BUDGETED: Yes No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included Not Required_ _.___._ Additional information to be provided. DISPOSITION: AGENDA ITEM # Revised 8i06 STATE OF FLORN)A DEPARTMENT OF COMMUNIT-Y AFFAIRS "Dedicated to making Florida a JE8 BUSH (30yernCT December 5, 2006 W. Ty Symroski, Director Monroe County Growth Management Division 2798 Overseas Highway Marathon, Florida 33050 batter �1�aCtC3 c11 hate ' :, Pam: King _s potrrte Ja,-�.y Lakes P'ropo,380 Agreement Tear Mr. yrnroski: The Department nt of Community Affairs has been asked to comment On a number of redevelopment projects in Monroe County —most recently the Kings Poi ted any Lakesproject-- that are being proposed as Section 380 agreements and inciuc e the transfer of ROGO exempt unit& The Monroe County Comprehensive Flan Policy 101.5.8 states that Monroe County may develop a program, called Transfer of ROGO Exemption €T , that would allow for the transfer off -site of dwelling units, hotel rooms, campground/recreational vehicle spaces and/or mobile homes to another site in the same ROGO sub area. However, the Department has been advised that the County has not yet adopted a transfer of ROGO exempt unit program as su g-ested in our letter of August 21, 2006, and that the proposed '380 agreement(s) would be designed, among other things, to allow such transfers through a three party agreement outside the Comprehensive Plan provisions. The Department suggests that Jf'Monroe County would lake to encoura e i n s=ati v development that is not authorized by its current Co pre tensiveW Plan, then the County should accomplish this end by arnen&ng its Plan and not by proposing 380 agreements, If the County xr&ds 11 at It i� c t pr i m t rend the C mpreh6msi e .bran due t unique charact ri stics OfThe Fopos 1, then the D pan-mnt will require a WEAten p sal from the County i di ati the proJect`s consistency with the. Plan and Principles for Guiding Development n ether , nth a statement, , f f fi verridirg public policy to b achieved thi-ou h the fternativ: �ui� 3i s�ia,�.� ,.'� i� '<a g� �" �' � 2955 SFUM'ARO OAK 9OU TALLAHASSEE= FLORUOA 32399-2100 N hone: 27 ,6466 FAX: 5 . 1 . 7 ° iS ,'O 2g' .'1" 81 fn erF)t-' ,- : '"OMRWWT`rPiekN€$`140 HOUSING ACOMkRUM€Y� Gi�ii"PCAL STATE 4J�'Ci�43 FIELD AFFIC -%56 :� tta; '`ai€ n:-'s1 -a:d W W:� ' S?�<.r.� r� i;ax ::u[1" FL'_M-2>f".�° M '; h�sNs . , [. :3' :., -,. -,Yv ik _a . Ft. KMa_2 i 00 Mr, Ty Syrnroski December 5, 2006 Page 2 agreement, This County report should include back up data and analysis justification of the necessity of a 390 agreement The Department proposes this approach in order to assure a consistent and transparent planning frame -work to guide development, created through adherence to the established process for comprehensive plan development, review, and adoption rather than through a parallel three -party agreement. it is important to note that the Department recognizes and appreciates the challenges associated with siting development within Monroe County and will continue to work in partnership with the County staff to identify satisfactory solutions. The Department appreciates the cooperative relationship it has maintained with the County and looks fonvard to continued innovation and substantial progress in assisting the County in meeting its developmental challenges. Sirt� el, Clark P. Turner, AICP, Administrator Areas of Critical State Concern AGREEMENT Pursuant to F.S. §380.032(3) An Amendment to a Previous Agreement KING'S POINTE MARINA AND RESORT MONROE COUNTY, FLORIDA and the FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS THIS AGREEMENT (`-Agreement") is entered into by and between the County of Monroe ("County"), a subdivision of the state of Florida, King's Pointe Marina LLC ("KPM"), a Florida limited liability company, and the Florida Department of Community Affairs ("DCA") Pursuant to Section 380.03? F'Iorida SI(Ijutes. WITNE—SSETH: WHEREAS, KPM is the owner of real property in Monroe County, Florida. located within unincorporated Monroe County at the intersection of Maloney Avenue and Peninsular Avenue on Stock Island, consisting of three; parcels encompassing approximately 9.46 acres of uplands (the "KT'M Parcel") as more particularly described in the boundary survey attached hereto as Exhibit A: and W11FR.EAS. the KPM. Parcel is part of a larger parcel of land (the "Marina Parcel") which encompasses the KPM parcel as well as a boat slip condominium of ninety-six (96) slips, a residential condominium of twenty-tcvo (22) units, and a dry boat storage condonninium: said. 12;'1-1'06 King's Pointe Development Agreement Draft I Page I of 26 Marina Parcel being 11.12 acres in size and being more specifically described on the Sketch of Legal Descriptions attached hereto as Exhibit 13; and WHEREAS, principals of KPM are contract vendees of a parcel of real property in unincorporated Monroe County, Florida, located at approximately mile marker 20 on the South side of U.S, 1, commonly known as the Lazy lakes Campground, consisting of one parcel approximately 12.55 acres in size (the "Lazy Lakes parcel"; more particularly described in the boundary survey attached hereto as Exhibit C) developed with fifty (50) mobile homes and forty- eight (48) recreational vehicles sites representing a total of ninety-eight (98) Residential Rate of Growth Ordinance (ROGO) exemptions (the "TI2Es") that the County and DCA recognize as transferable, together with the density rights associated therewith, to eligible sites within Monroe County including the KPM parcel; and W14EREAS, Section 380.032, Florida 5talutes, authorizes DCA to enter into agreements with landowners and local governmental entities to effectuate the provisions and purposes of the Florida Environmental hand and Water Management Act, which created the Florida Keys Area of Critical State Concern; and WHEREAS, KP:NI is the ,successor in interest to Key West Oceanside Marina. Inc. which entered into a development agreement (the "existing Agreement") with County dated February, 2000 concerning development of the Marina Parcel, a copy of the existing Agreement being attached Thereto as Exhibit D; and WHEREAS, the parties agree that amendment of the existing Agreement as provided herein is in the public interest effectuates the provisions of the Florida Environmen..tal Land and Water Nfanagenhent Act, and is consistent with the Principles For Guiding Development in the Florida Keys Area of Critical State Concern, and l'A -,`06 K ing's Pointe Development Agreement Draft I Page 2 of 25 WHEREAS, the parties agree that the principles, entitlements, and understandings set forth in the existing Agreement will remain in force to the extent not in direct conflict with any provisions of this amendment, and WHEREAS, in numerous Resolutions and ordinances adopted by the County, the Board of County Commissioners has expressed its desire to facilitate development and redevelopment of marinas in the County when that redevelopment maintains or increases access to water and waterfront areas, enhances the economy of the County for the benefit of its residents, creates needed infrastructure improvements, and provides affordable housing for the workforce of Monroe County, and WHEREAS, the County at every opportunity has encouraged the provision of affordable workforce housing by amending land development regulations, entering into agreements that provide incentives for private developtn.ent of affordable housing, and creating public -private partnerships to build such housing; and WHEREAS, King's Pointe Marina provides employment to residents of ?Monroe County, is an integral part of the economy of the Lower Keys, and attracts tourism to ?Monroe County and Stock Island; and WHEREAS, redevelopment of King's Pointe Marina will further the County's policy of encouraging redevelopment of marinas in a manner consistent with protecting and enhancing that vital segment of the Florida Keys economy; and WHEREAS, existing development of the Nlarizaa Parcel consists of one hundred fiftv- eight (158) dry slips, twenty-two ('?121) residential condominium units, ninety-six (96) condominmin wet slips, and associated commercial development including a restaurant, lounge and ships store; and 12r'I3l06 King's Pointe Development Agreement Draft l Page 3 of 25 WHEREAS, KPM proposes by this agreement (a) to provide substantially snore units o aff-ordable "or force housing than County LDRs require in connection with the addition of 32 market -rate units, (b) to sponsor a university student/faculty site -specific dcsil;fa study of the Lary bakes parcel, directed to analyze sustainable -design alternatives and to create a workforce housing model incorporating features determined to be feasible for Florida Keys workforce housing. (c) Storrnwater collected from Stock Island storm drains located northerly of the marina parcel is currently delivered by county to nearshore waters via pipe located in an easement across the marina parcel. Kings Pointe Marina will design its storniwater facilities with sufficient capacity to receive this county stormwater. The, incremental cost of expanding KMI"s stormwater facilities to receive county stormwater will be jointly determined by KPM and county and allocated to county pursuant to subsequent agreement, and (d) to improve the. King's Pointe Marina Parcel by controlling storm -water runoff, upgrading marina pump -out facilities to meet current standards, and bringing development on the property into compliance with the setback, open space, and buffer yard. provisions of the County's LDRs to the maximum extent practicable; and WHEREAS, redevelopment of the King's Pointe Marina Parcel as authorized by this Agreement is reliant upon transfer irony the Lazy hakes parcel to the KPM parcel of thirty-two (32) TREs and associated development rights ("TDRs") (I'REs and associated TDRs being collectively referred to Herein as "Redevelopment Rights"); and WHEREAS, transfer of 32 TREs to the KPM parcel satisfies the requirement of Counter Code Section 9..5-120.4(b)(d) that redevelopment not inc,cas� hurricane evacuation times for residential traits in the County; and WHEREAS, the County has directed its staff to prepare, and the. County Planning __..._—�..._-...._------- f21t31© Kings s Pointe Development Agrec=ent Craft i Page 4 of 25 Commission to consider, an ordinance authorizing transfer of market -rate transferable ROGO exemptions to enable and promote the provision of affordable housing either on or off site: and WHEREAS, the County Planning Commission.. after holding public hearings, recommended approval of a ROGO transfer/affordable housing ordinance and LDR amendments that will facilitate construction of boat storage facilities, and the Board of County Commissioners has scheduled hearings, and anticipates action being; taken, on an ordinance that will create the mechanism for transfer of ROGO exemptions as contemplated in this Agreement, but such ordinances may not become effective for many months and are subject to challenge by unrelated third parties which may further delay the implementation of such ordinances; and WHEREAS, the King's Pointe Marina. Parcel is within the Mixed Use (MU) District, a land use designation allowing; construction of 32 units of new multi -family housing that will be enabled by the transfer of Redevelopment Rights as provided herein; and WHEREAS, the upland land area on the Marina Parcel is sufficient to meet the density and intensity requirements in the County Code applicable to development of the KPNI Parcel as provided under this Agreement; and WHEREAS, the maximum net density limitations of the County Code would preclude development on the Lazy Lakes parcel of 60 affordable workforce housing units, without benefit of this Agreement; and WHEREAS, the site -specific design study of the Lazy Lakes parcel under KPM sponsorship will produce a substantial public benefit .not limited to the site on which it is conducted, by providing a sustainable -design model for Florida Keys workforce Dousing; and WHEREAS, KPfvI has provided public notice of the parties' intent to consider entering i '; I3i06 King's Pointy Development Agreement Draft l Nge 5 of 25 into this Agreement, by posting the properties subject to this Agreement,; and WHEREAS, the County Planning Commission held an advertised public hearing on October 11, 2006, to consider this Agreement, and recommended approval of the Agreement to the County Commission; and WHEREAS, the County Commissioners of Monroe County held two advertised public hearings on December 20, 2006 and January . 2007 to consider this Agreement and the recommendation of the Planning Commission, and received public input with respect to the proposal of KPM contained in this Agreement, and has considered the Planning Commission recommendation, the County staff report, and public input; and WHEREAS, the Board of County Commissioners of Monroe County has determined that this Agreement is in the public interest, is consistent with its policy to encourage the redevelopment of marinas in. County consistent with maintaining water access, and will further the health, safety and welfare of the residents of County; NOW, THEREFORE.. ORE.. in consideration of the mutual promises and undertakings contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: I. RECITALS. The foregoing .Recitals are a part of this .Agreement on which the: parties have relied and are incorporated into this Agreement by reference. II. PURPOSES OF AGREEMENT. The parties agree; as follows: A. To authorize redevelopment of the Marina Parcel consistent with h'uturc 1-and lise Element Policy 101.4.23 (recognition of legally established units) and Policy 601.1.5, (encouraging initiatives for the provision of affordable housing); and I2 11,"06; Kina's Pointe Development Agreement Draft I Page 6 of 25 B. To recognize the existence of ninety-eight (98) ROGO-exempt units on the Lazy Lakes parcel, consisting; of forty-eight (48) Recreational Vehicle spaces and fifty (50) mobile horses units/spaces (the -Existing Development"); and C. To allow development of thirty-two (32) additional units of multi -family market - rate housing on the KPM parcel by the transfer of thirty-two (32) Redevelopment Rights from the Lazy Lakes parcel; and D. To authorize the creation in two phases of (a) fifty (50) units of affordable workforce housing utilizing forty-five (45) of the ninety-eight (98) ROGO exemptions on the Lazy Lakes parcel and five (5) other ROGO exemptions from other property owned by KPM, which ROGO exemptions will be transferred to the Lazy Lakes parcel, and the 50 units constructed thereon, within a period of three (3) years of the effective date of this Agreement; and (b) an additional ten (10) units of affordable workforce housing; on the Lazy. Lakes parcel, subject to County allocation to the Lazy Lakes parcel of ten affordable- ho usii q, Redevelopment Rights or new Affordable .ROGO allocation . thereby creating a total of sixty (60) affordable workforce housing units on the Lazy Lakes parcel; and E. To allow transfer of twenty-one (21) Redevelopment Rights from the Lazy Lakes Parcel to appropriately -roared sites elsewhere in Monroe County for construction of market -rate units thereon, which Redevelopment Rights are those remaining after transfer froin the Existing; Development to the KPM site of 32 Redevelopment Rights and the retention on site of 45 Redevelopment Rights for Phase 1 affordable workforce housing. Such transfer of the twetmty- one (21) Redevelopment Rights shall be approved by Monroe: County upon a finding that the following; criteria are met: (1) no Redevelopment Rights may be transferred outside of the Lower Keys District unless and until the nutrient reduction system is terminated as a result of official 12I13 06 King's Pointe Development 6tgreement Draft I Page 7 of 25 state action or judicial decree; (2) no Redevelopment Rights may be transferred to a Tier l zoning district or a special protection area if the construction would require clearing of natural habitat; and (3) no Redevelopment Rights may be transferred to a site which, if evaluated under ROGO, would receive negative paints under habitat protection, threatened or endangered species, or critical habitat. Such Redevelopment Rights transfers shall be effective at such time as KPM identifies a suitable receiver site and so notifies the Counter_ and F. To reduce adverse impacts of hurricanes by requiring the permanent removal of at --risk RV and mobile home units from the Lazy Lakes parcel and by constructing residential structures that meet wind load standards for tropical storms and hurricanes; and G. To reduce the environmental impacts of development on the Marina Parcel by connecting all existing and proposed development to the Stock Island wastewater facility. appropriately addressing stormwater runoff, upgrading marina pump -out facilities, and bringing the development on the property into compliance with setback, opera space, and buffer yard requirements of the LDRs; and I -I. To recognize this Agreement as the: appropriate mechanism for authorizing transfer of density as an integral component of the Redevelopment Rights that are hereby authorized to be transferred to the KPM parcel, in lieu of any other mechanism for acquisition or transfer ofTDRs; and I. To eliminate from Floor Area Ratio and ?vROGO calculations the proposed boat barn dry storage facilities at the Marina Parcel; and J. To allo,��r KPM to add 1.,200 square feet of restaurant space to the existing restaurant at h Mg's Pointe by amending the existing building permit for renovation of the restaurant. 1 M6 Kings Poh)tc fDe°velopm'_ent Agreoant nt [Draft I Page 8 of 25 K. To allow the County to enter negotiations for the purchase of the Lary Lakes property from KPM or a related third party for up to 65% of the appraised market value of the Lary Lakes site; and L. KPM and the County acknowledge that the transfer of the thirty-two (32) Redevelopment Fights from the Lazy Lakes parcel to the KPM parcel shall be accomplished and finalized by adoption of this Agreement. 111. DEFINITIONS. For the purposes of this Agreement, the following terms shall have the following definitions: -1 f brdable workforce Housing shall mean workforce housing as defined in Section 420,5095, F' restricted to occupancy by essential services personnel as defined in Section =120.5095 (b), F.S. and remembers of their households for a period of fifty (50) years, renewable by County for two successive periods of fifty (50) years each. One or more restrictive covenants incorporating this restriction on occupancy shall be recorded in the public records of Monroe County, Florida by the owner of the affordable workforce housing property at its sole expense, prior to issuance of a Certificate of Occupancy for each unit to which the recorded restriction applies, with copies of the recorded restriction(s) provided to County and to DCA within a reasonable time after recordation. Upon completion by County of a public-emplovec prevailing wage study providing sufficient data for determination of the salary scale for public employees based or working at the Sugarloaf School, Cudjoe Sheriff's substation, and/or other government/nonprofit facilities in the Lower Keys, workforce housing household income restrictions enforceable hereunder and under time deed restrictions shall be adjusted to conform to time public -employee prevailing wage as determined by the County,s study and periodically 1213r0F King's Pointe DeveloPznenm Agreement Draft f Page 9 of25 adjusted. Agreement shall refer to this Development Agreement, as the same may be subsequently amended, modified or supplemented pursuant to its terms and provisions and pursuant to the provisions of Sections 380.032 el. sect., Florida Statutes. Annual Report shall refer to the report filed by KPM with County and (as and when applicable) DCA. County Code or LDRs shall refer to the land developirrent regulation published in the Code of Ordinances of Monroe County, Florida. Comprehensive Plan shall refer to County' s 2010 Comprehensive Plan. DC. shall refer to the State of Florida Department of Community Affairs, or any successor agency. Development shall refer to development of the King's Pointe or lazy Lakes parcels for uses permitted by, and subject to, the condition, obligations, and restrictions contained in this Agreem nt_ herein. I Nc°tive Date shall refer to the date this Agreement becomes effective, as set forth King,'s Pointe and. Lazy Lakes shall refer to one or more of the parcels of real property described, respectively. in exhibits B and C hereto. 2010 wasteul,ater standards means the best available treatment standards established by Laws (f'Florida 99-395 for onsite sewage treatment and disposal systems, codified in Section 381.0065, P-lorhla Ytatwes. IV. STATUTORY AND CODE REQUIREMENTS, The parties recognize the binding; effect of Sections 380.032 1,71orida xSlatutes, cat seq., as 2/11`06 Kings Pointe Development Agreement Draft 1 Page 10 of 25 to the content and enforceability of this Agreement, and in accordance therewith hereby set forth and agree to the following: A. Legal Description and Ownership. KPI/1 is the sole owner of the KPM parcel that is subject to this Agreement as depicted on the Boundary Survey prepared by Fred Hildebrandt LS drawing 02-207 attached hereto as Exhibit A, and is the contract vendee of the Lazy Lakes parcel depicted on the boundary survey attached hereto as Exhibit C. herein. B. Duration of Agreement. This Agreement shall remain in effect for ten (10) years from its effective date as defined C. Existing Development. Existing development on the Marina Parcel and Lazy Lakes parcel is identified on the surveys attached hereto as Exhibit A and Exhibit C. 1). Permitted Uses, Phasing and Affordable Housing. I. The development permitted on the KPM parcel shall consist of those uses set forth herein; as identified on the Conceptual Site Plan attached hereto as Exhibit 1= and incorporated by reference. 2. KPM (itself or through a related third party) shall develop fifty (50) affordable workforce housing units on the Lazy Lakes parcel as a first phase utilizing 45 Redevelopment Rights from the :I.xi.sting Development and five (5) additional Redevelopment rights owned by KPM from another site , and an additional ten (I0) :affordable workforce housing € nits as a second phase utilizing 10 Redevelopment Rights or new Affordable housing ROGO allocations to be allocated to the Laze Lakes parcel by the County at such time as it obtains those 12!'1.3,"06 King"s Pointe Development Agreement Draft [ Paae 1 1 of 25 Redevelopment Rights. The sustainable design model produced tinder KPM's sponsorship will be utilized in design of the Lary Lakes workforce: housing to the fullest extent that County and KPM determine financially feasible as preliminarily illustrated on Exhibit E. Lazy Lakes conceptual site plan. KPM shall obtain Certificates of Occupancy for the fifty (50)affordable workforce Dousing units in the first phase prior to, or concurrent with construction of, and issuance of Certificate of Occupancy to, the last [thirty-second (32"d)] market -rate unit authorized by this Agreement to be constructed on the KPM parcel as illustrated on Exhibit P. Development of the 10 second -phase units will commence no later than 12 months after County's allocation of the Redevelopment Rights or ROGOs required for such development. County and KPM (itself or through a related party) shall assure financial feasibility of the Lary Lakes workforce housing by entering into a Public -private partnership as defined in FS. §420.5095(c), the terms of which will identify and provide funding sources that may include County acquisition of the Lazy Lakes parcel at a price not to exceed 65% of its appraised value. Long-term occupancy of the Lazy bakes parcel shall be assured by execution and recordation of one or more deed restrictions restricting the use of the property to affordable workforce housing for a period of' fifty (50) years, renewable by County for two (2) additional fifty (50) year periods, said deed restriction(s) to be recorded in the Public Records of Monroe County prior to issuance of a Certificate of Occupancy for each unit to which this restriction. applies. Copies of the recorded restriction(s) shall be provided to the County and to the state land -planning agency withi?.t a reasonable time after recordation. 3. 11 residential units developed on the: Ding's Pointe Marina property under this Development Agreement may, be used as vacation rental units as defined in Section 9.5-534 of the; Monroe County LDRs, but any unit owner may elect to maintain the unit as a permanent 12/13/06 King's Pointe Developrimit. Agreement Draft 1 Page. 12 of 25 residence. 4. For the duration of this Agreement, the parties agree that any and all of the approved development shall adhere to, conform to, and be controlled by this Agreement, the exhibits attached hereto and incorporated by reference, and, to the extent consistent with the provisions hereof, the County Land Development Regulations in effect on the effective date of this Agreement. In the event that all or a portion of the existing or authorized development subject to this Agreement should be destroyed by storm, fire, or other common disaster, KPM, its grantees, successors, or assigns shall have the absolute right to rebuild or repair the affected structure(s) and reinitiate the prior approved use so long as such development is in compliance with this Agreement, 5. The following exhibits are attached hereto and incorporated by reference: Exhibit A Boundary survey prepared by Fred Hildebrandt L drawing 02 -207 Exhibit B Sketch of Legal Descriptions to Verify Acreage prepared by R.E. Reece, P.A. dated 8.11.06 Exhibit C Site survey of Lazy Lakes property by Keith and Schnars PA, Project 15943C, Field book 978/28-39. Exhibit D 380 Development Agreement dated February 2000 between the County, DCA, Key Nest Oceanside Marina, Inc. and Paradise Island Park, Inc Exhibit E Conceptual Site flan for Lazy Lakes Affordable housing Exhibit F Conceptual Site Plan for King's Pointe Marina KPM shall not be bound by this Agreement to the building layout depicted (for illustrative purposes only) on the attached Conceptual Site Plan, Exhibits 1 and F. Final Site Plans shall be configured as otherwise set forth herein; and as permitted by County L,DRs not inconsistent herewith provided that the densities and intensities set forth in this Agreement are met. 6. Applicable Density, Intensity and Building Heights. Density and intensity shall be, as provided in this Agreement. Maximum building height shall be thirty --five (35) feet. 1'113 06 Ding's Pointe Development agreement Draft 1 Page 13 of 25 7. The thirty-two (32) market -rate residential units to be established on the KPM parcel will be developed utilizing thirty-two (32) Redevelopment Rights transferred from the Existing Development. The existence of those 32 Redevelopment Rights and KPM's right to transfer them to the KPM parcel pursuant to the terms of this Agreement are: hereby acknowledged by the parties. E. Public Facilities; 1. The Florida Keys Aqueduct Authority provides domestic potable water. 2. Electric service is provided by the Keys Energy Services. 3. Solid waste service is provided by County Franchised Garbage Collection Service, 4. Wastewater and sewage collection and disposal shall be (a) as to the KPM parcel, by connection to the Stock Island wastewater collection and treatment system at the time of building permit application, and (b) as to the Lazy lakes workforce housing units, by an approved wastewater system meeting 2010 wastewater standards. 5. Educational Facilities. The resort and commercial development of the KPM parcel, as contemplated by this Agreement, does not impact upon educational facilities. The Marina Parcel is currently served. by the following schools, operated by the Monroe County School Board: Key West County High School, Glynn Archer ak iddle School and Gerald Adams Elenientary School, 6_ Recreational Facilities, 'lie Marina Parcel provides facilities for active recreation, including swimming and boating opportunities, for owners and guests of King's Pointe Marina. Therefore, redevelopment of the property will have no adverse impact on public recreation facilities. 12/13/06 Kings Pointe Development Agreement Draft 1 Page 14 of 25 7. Any increased impacts on public facilities or public services attributable to each. unit of the development, and the cost of capital improvements to meet the associated demand on such facilities or services, shall be assured by payment to County, concurrent with the issuance of the building permits for each unit_ of all County impact fees required by Ordinance then in effect, as well as by payment by KPM of applicable utility system development fees. F. Local Development Permits. L 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: a. This Development Agreement; b. Major Conditional Use approval or amendment of the existing Major Conditional Use approval for King's Pointe and a conditional use approval for the development of the: affordable housing plan at Lazy Lakes; C. The final site plan, landscape plan, drainage plan, building elevations and floor plans for both King's Pointe and lazy Lakes; d. Building and related construction permits for all main and accessory structures, land clearing, and landscaping. At any time any building permit is applied for, 1{PM shall demonstrate: compliance with all applicable federal, State and municipal disabled -access regulations in effect at the time of application at both sites; e. Federal, State, regional, and local. permits for stormwater runoff and dredge andfill activities, when necessary and if r€:quire& Nothing in this Agreement shall preclude the parties frown applying additional conditions, by mutual agreement, during final site plan review or permitting. C. Finding of Consistency. 12 13 6 King's Pointe Development Agreement Draft i Page: 15 of 25 By entering into this Agreement, the County and DCA find that the development permitted or proposed herein is consistent with and furthers the Principles for Guiding Development for the Florida Keys Area of Critical State Concern (Section 380.0552(7), Florida Stalutes). H. Reservations or Dedications of Lana for Public Purposes. The parties anticipate that KJIM may reserve or dedicate land for public purposes in. connection with the development authorized by this Agreement, but are currentlyP unaware of the specifics of such reservation(s) or dedication(s). Reservations and dedications for public purposes in connection with this Agreement will be as required by the County's Comprehensive Plan and County Code. Such reservations or dedications may include, by way of example. easements necessary for the _provision of stormwater, utility, and wastewater services to the Property. r. Mutual Cooperation. County, DCA and KPM agree to cooperate fully with and assist each other in the performance of the provisions of this Agreement, J. Development to Comply with Permits and County Comprehensive Plan and Code Provisions. The development described in and authorized by this Agreement shall be developed in accordance with all required permits, and in accordance with all applicable provisions of the County's Comprehensive Plat and County Code in effect on the Mate of execution of this Agreement, except as otherwise allowed by this Agreement. No Certificate of Occupancy for an individual building shall be issued until all plans for that building are approved by County and KPM has complied with all conditions in permits issued by County and other regulatory entities for that building. K. Compliance With Permits, Terms, Conditions, and Restrictions Not 12i133 06 Kin- s Pointe Development Agreement Draft 1 Page 16 of'25 Identified Herein. The failure of this Agreement to address a particular permit, condition, term, or restriction shall not relieve KPM of the necessity of complying with the law- governing said permitting requirements, conditions, terms, or restrictions. L. Laws Governing. a. For the duration of this Agreement, all approved development of King's Pointe Marina shall comply with and be controlled by this Agreement and applicable provisions of the County's Comprehensive Plan and County Code in effect on the date of execution of this Agreement, inclusive of text changes and rezoning approved by the County Commission on the date of County's approval of this Agreement, if any. The parties do not anticipate that County will apply subsequently adopted laws and policies to the Marina Parcel, except as expressly provided in this Agreement. b. County may apply subsequently adopted laws and policies to King's Pointe Marina or Lazy Lakes only if County holds a public hearing and determines that: (a) the new laws and policies are not in conflict with the laws and policies governing the Agreement and do not prevent development of the land uses, intensities, or densities set forth in this Agreement; (b) the new laws and policies are essential to the public health., safety, or welfare, and County expressly states that they shall apply to the development that is subject to this Agreement; (c) County demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or (d) the Agreement is based on substantially inaccurate information supplied by KPM. However, nothing in this Agreement shall prohibit the parties from mutualiv agreeing to apply subsequently adopted laws to King's Pointe or Lazy Lakes. c, if Mate or Federal laws enacted after the effective date of this Agreement preclude any party's compliance with the terms of this Agreement, it shall be modified as is 12t131106 King's Pointe Development Agreement Draft I Page 17 of 25 necessary to comply with the relevant state or federal laws. However- this Agreem t shall not be construed to waive or abrogate; any rights that may vest pursuant to common law. M. Amendment, Renewal, and Termination. "phis Agreement may be amended, renewed, or terminated as follows: a. This Agreement may be amended by mutual consent of the parties to this Agreement or by their successors in interest. Amendment under this provision shall be accomplished by an instrument in waiting signed by the parties or their successors. b. This Agreement may be renewed by the mutual consent of the parties, subject to notice and public hearing requirements of applicable law. C. 'l'his agreement may be terminated by KPM or its successor(s) in interest f-allowing a material breach of this Agreement by County, upon written notice to County as provided in this Agreement. d. This Agreement may be ternifflated by County or DCA upon a ending of failure by KPM to comply with the terrn.s of this Agreement e. 'this Agreement may be terminated by mutual consent of the parties without the need for any further public hearing.. N. Breach of Agreement and Cure Provisions. a. If County or DCA concludes that there has been a material breach in this Agreement by KPM, prior to terminating this agreement. County or DCA shall serve written notice on KPM identifying the terra or condition County or DCA contends has beenmaterially breached and. providing KPM with ninety (90) days from the date of receipt of the. notice, to cure the breach or negotiate an amendment to this Agreement. Each of the following events, runless caused by fire, storm, flood, other Act of God, or events beyond. the control of KPM, shall be 121113106 King's Pointe Development Agreement Draft I PaLle IS of -45 considered a material breach. of this Agreement: (1) failure to comply with material substantive provisions of this Agreement; or (2) failure to comply with material terms and conditions of permits issued by County. DCA or other regulatory entity for the development authorized by this Agreement. b. If Ki'M concludes that there has been a material breach in the terms and conditions of this Agreement by County or DCA, KPM shall serve written notice on County or DCA identifying the term or condition that KPM contends has been materially breached and providing County or DCA with thirty (30) days from the date of receipt of the notice to cure the breach. The following events, unless caused by fire, store, flood, other Act of God, or events beyond the control of County or DCA., shall be considered a material breach of this Agreement: failure to comply with material provisions of this Agreement; or failure to timely process any application for site plan approval or other development approval required to be issued by County or DCA for the development/redevelopment authorized by this Agreement. C. If a material breach in this Agreement occurs and is not cured within the time periods provided above, the party that provided notice of the breach may elect to terminate this Agreement or may seek to enforce this Agreement as provided herein. d. If any party waives a material breach in this Agreement, such a waiver shall not be deemed a waiver of any subsequent breach. O. polices. All notices, demands, requests, or replies provided for or permitted by this Agreement, including notification of a change of address, shall be in writing to the addressees identified below, 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 pail, return rcee:ipt requested, postage prepaid; or (c) by deposit with an overnight express 2i 13 06__.m_.m_ Kings Pointe Development Agreement Draft I Page 19 of 2,5 delivery service with a signed receipt required. Notice shall be effective upon receipt. The addresses and telephone numbers of the parties are as follows: To KPM: Mr. Everett Atwell KPM LLC 1 1.15 MarbeIIa Plaza Drive Tampa, Florida 33619 Telephone: (813) 663-0401 With a copy by regular U.S. Mail to: Mr. Timothy Koenig, Esquire I,eldman, Koenig and Highsmith, P.A. 3158 Northside Drive Key West, Florida 33040 Telephone: (305) 296--8851 To County: "Tomas I Willi, County Administrator County of Monroe 1100 Simonton Street Key West, Florida 33040 Telephone: (305) 292-4441 With a copy by regular U.S. Mail to: Suzanne Hutton, Esquire County Attorney 502 Whitehead Street, 3'd floor Key West, Florida 33040 Telephone: (305) 292-3470 To DCA: MnThaddeus Cohen, Secretary Florida Department of Community Affairs 2255 Shumard Oaks Boulevard Tallahassee, Florida 32399 2II 3/06 T ing's Pointe Development Agreement Draft I Page 20 of 25 P. Annual Report. On the anniversary date of the Effective Date of this Agreement, KPM shall provide County and DCA with a report identifying (a) the amount of development authorized by this Agreement that has been completed.. (b) the amount of development authorized by this Agreement that remains to be completed, and (c) any changes to the plan of development that have occurred during the one (1) year period from the Effective Date of this Agreement or from the date of the last annual report. Q. Enforcement. Any party hereto may file: an action for injunctive relief in the Circuit Court of Monroe County, Florida, to enforce the terms of this Agreement. R. Binding Effect. This Agreement shall be binding upon the parties hereto, their successors in interest, heirs, assigns, and personal representatives. S. Assignment. This Agreement shall inure: to the benefit of, and bind, KPM's successors and assigns, but may not otherwise be assigned without the written consent of the parties. T. Severability. In the event any provision, paragraph or section of this Agreement is determined to be invalid. or unenforceable by a court of competent jurisdiction, such determination shall not affect the enforceability or the validity of the remaining provisions of this Agreement. U. Applicable Law. This Agreement was drafted and delivered in the State of 1=1.odda and shall be construed and enforc€d in accordance.- with the laws of the State of Florida. V. Litigation; Attorneys Fees; Venue; Waiver of fight to .Tory Trial. As between County and KPM; in the event of any litigation arising out of this Agreement, the prevailing party- shall be entitled to recover all reasonable costs incurred with respect to such 12/ 13/06 Kings Pointe Develops ent A reenient Draft I Page 21 of 25 litigation, including reasonable attorneys' fees. This includes, but is not limited to, reimbursement for such reasonable attorneys' fees and costs incurred with respect to any appellate, bankruptcy, post -judgment, or trial proceedings related to this Agreement. Venue for any legal proceeding arising out of this Agreement shall be in Monroe County, Florida. The parties to this Agreement waive the right to a jury trial in any litigation arising out of or initiated Linder this Agreement, W. Use of Singular and Plural. Where the context requires, the singular includes the plural, and the plural. includes the singular. X. Duplicate Originals: Counterparts. This Agreement n-iay be executed in any number of originals and in counterparts, all of which evidence one Agreement. Only one original is required to be produced for any purpose. Y. Headings. The headings contained in this Agreement are for identification purposes only and shall not be construed to amend, modify, or alter the terms of the Agreement. Z. Entirety ©t 4greeaaaetat. This Agreement incorporates or supersedes all prior negotiations, correspondence, conversations, Agreements, or understandings regarding the matters contained herein. The parties agree that there are no commitments, agreements, or understandings concerning the subjects covered by this Agreement that are not contained in or incorporated into this document and, accordingly, no deviation from the terms hereof shall. be predicated upon any prior representations or agreements, whether written or oral. This Agreement contains the entire and exclusive understanding and agreement among the parties and may not be modified in any earner except by an instrument in writing signed by the parties_ AA. Recording; Effective Date. KpM shall record this Agreement in the public records of Monroe County, Florida, within fourteen (Id) days after the effective date of this _—_----- —------ -. -------- —_..-..... 12/11"06 ring's Pointe Development Agreement Draft 1. Page 22 of 25 Agreement. A copy of the recorded Agreement showing the date, page and beak where recorded shall be submitted to the state land planning agency by hand delivery, registered or certified United States mail, or by a delivery service that provides a signed receipt showing the date of delivery, within fourteen (lit) days after the Agreement is recorded. KPM shall also provide a copy of the recorded Agreement to County within the same time period. BB. Effective date of Agreement. The effective date of this Agreement is the date the last party signs and acknowledges this Agreement. IN WITNESS WHI"REOF, the parties hereto have set their hands and seals on the dav and year below written, Signed, sealed, and delivered in the presence of - KING' S POINTMARINA LLC, a Florida Limited Liability Corporation 2007 I3y 1 VERET I ATWELL Signed, sealed, and delivered in the presence of: Signature Name of Witness (printed or typed) Signature Name of Witness (printed or typed) 121/13 `OE K ing's Pointe Development Agreement Draft l Page 23 of 25 STATE OF FLORIDA) County OF MONROE) The foregoing Agreement was acknowledged before me on this day of 2006, by EVERETT ATWELL, the ofKINO'S POINT MARINA LLC and the respective witnesses, _ and who are either personally known to me or produced I'lorida drivers licenses as identification.. Notary Public Name (typed, printed or stamped) My commission. expires: On the _ day of 2007, the County Commission of the County of Monroe approved this Agreement by Resolution No. COUNTY OIL MONROE By: ATTEST: Danny Kolhage, County Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: MAYOR. (SEAL) 1211 _�io6 (i ij)g's Pointe Develops e'n' t A-reement Draft 1 Pazge 24 of 25 Suzanne Dutton County attorney APPROVAL OF THE FLORIDA DIaP RTMFNT OF COMMUNITY AFFAIRS: By: Print Narne Seeretary State oF'1=lorida C'()unt-' of Leor1 This instrument was acknowledged before me on this day of __ 2007, by _W who is personally known to me or produced _ as identification and slid not make an oath. Commission Number Notary Public My Commission expires . ......... ___._....__--- ........_.. -------.__ 12.�13 00 King's Pointe Development Agreement Draft I Page 25 of 25 I w LOCATION MAP c,ty or (ey west & Stxk 1s1—d c IE .. c� .(•mu... e E.n�nm e Xl iREOEkCK WIDEBF/f�U % Mam-ey Awnyv n rPARCEL ,I e� s aoa�s s = ( BLI a 4` ` LOT 1 LO— 3 ,; T . .._ _ ,r.."' �p �3 � I f�.S�L� P A. R C E L B PARCEL D '- 1 PA.RCFL I I I PARCEL = I I P A R C E L 1 w M 7 -NO�ZT0H,_ A =PART zs.,o• .i PARCEL, -- \ S T R A I T S�_.� O F F 0 R I D A Huu—DT 5KETCH Of LEGAL DE5CKIPTION5 TO VEI\If' ACKEAGE TOTAL PROPERTY = 48G.00 f SQ. FT, = I I . 1 6 ACRES Kipp? IGS ��F�('��^"��Iha�yff V...rF.Pl[Sjp NA 535FffN NiN5ULAK AVE, KEY +�5T, fL 33040 PANIffS DATED: v— —oG DE5c�tr�5� N07 '-Vv Wy7e0jS Y t -NE:.i f VGNk T;; Rg aNII {W_ _ $EPA. 6F a Yi GNfIJF. dC5fr�T i. gEY�. i^,°.0 �5C32, PFt.��'C9�Caaa( 5FiR4� a "�"°^�"`�^^ Su�r#r� ertD bwd°PCe Exhibit B P i . REE F. P.A. all H LU co �o =,m `o6 a ao Q � - C1rY IL OmN Qn Z [J L %Xg jo lllsoV ROAD SIC ` DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ("AGREEMENT") is binding on the "effective date" as set forth herein between the Monroe County (County), a political subdivision of the State of Florida; Paradise Island Park, Inc., (the "Park") a Florida Corporation; Key West Oceanside: Marina, Inc., (Oceanside) a Florida Corporation; and the State of Florida Department of Community Affairs (DCA), ITNESSET1Hf WHEREAS, Oceanside is the owner of real property on Stock Island, .Monroe County, Florida, located at the terminus of Maloney Avenue at its intersection with Peninsular Avenue, being further described as attached hereto in Exhibit A — Survey of the Oceanside Property; and WHEREAS, the Park is the owner.of real property located at Sands Subdivision, Block 27, Lets 1 through 18, Big Pine Key, Monroe County, Florida, being further described as attached hereto in Exhibit B — Survey of the Park Property; and WHEREAS, both Oceanside and the Park are located in the Florida Keys Area of Critical Concern as defined by Chapter 380.0552 Florida Statutes; and WHEREAS, Sections 380.032 and 163.3220 Florida Statutes authorizes the Department of Community Affairs (DCA) to enter into agreements with landowners and or governmental agencies to effectuate the provisions and purposes of the Florida Environmental Land and `eater Management Act, which created the Florida Keys Area of Critical State Concem-, and Exhibit ID WHEREAS, the Monroe County Year 2010 Comprehensive Plan contains objectives and policies that seek to preserve and protect Key Deer Habitat on Big Pine Key by directing development away from Bib Pine Key (Objective 103.1, Policies 103.1,1, 103.1.7, 103.1.9, 103.1.13, and 207.7.1.); and WHEREAS, the Park is situated on Big Pine Key in the Sands Subdivision adjacent to Key Deer Habitat; and WHEREAS, at present, on Big Pine .Key, there is a moratorium on the construction of residential, commercial, and transient development, including recreational vehicle spaces, due to the lack of sufficient US Highway 1 capacity for new trips generated by such uses; and WHEREAS, the following is a statement of the history and circumstances and status of existing uses, land -use applications, and development approvals that apply to the Park property: I. The subject property is a recreational vehicle/trailer park with seasonal, residential, transient, and permanent tenants existing in recreational vehicles and mobile homes. 2. The Parr has existed in this capacity for over thirty (30) years with local and state licenses for such use. 3. There is a total of forty-one (41) units of ROGO (Monroe County Dwelling Unit Allocation Ordinance) -exempt housing, or credits for same, on the site, and the County has acknowledged that the Park has the right to establish a maximum density of forty -cane (41) units on the property exempt frorn LOCO. 2 of 25 Walker Develop e!at Agreement February 4, 2000 4. To be considered consistent with the 1986 Comprehensive Plan and its successor, the Year 2010 Comprehensive Plan, the owners of the Park have been seeking an appropriate land -rase district (zoning) designation since 1986. 5. The Park sought to resolve issues arising from the applications to obtain appropriate zoning through litigation against the County, which. the Park, the County, and DCA acknowledge has not completely resolved all issues regarding development. 6. Monroe County Circuit .fudge Sandra Taylor has issued an Order, Writ of Certiorari, in Circuit Court Case No. 94-1528-CA-18 granting the Park its request to rezone the property from Improved Subdivision to Urban .Residential Mobile Horne; and WHEREAS, the Park, the County, and DCA agree that the Urban Residential Mobile Home (URM) zoning designation and Residential high future land use designation would bring the Park into conformity as to use with the Land Development Regulations and to the Year 2010 Comprehensive Plan as to appropriate land use designation; and WHEREAS, the Park is currently non -conforming to the Year 2010 Comprehensive Plan. The future Iand use category, Residential Medium (RM), must be amended to Residential High (RH), and WHEREAS, the Park wishes to maintain the right to use or disperse of forty-one (41) units of vested density on the site as exempt from ROGO and also obtain the URM/RH land use designations in order to be able to replace existing units with replacement units that meet County Ploodplain Management, Building Cade, and Health Code standards; and 3 of 2s Walker Development Agreement February 4, 2000 WHEREAS, the County and DCA wish to reduce the density of the Park to that which would be consistent with the Land Development Regulations; and WHEREAS, with regard to the Oceanside property, the following is a statement of the history, circumstances, and status of existing uses, land use applications, and approvals that apply to the Oceanside property: 1. Oceanside is a marina of four hundred thirty-three (433) wet and dry slips with accessory uses consisting of a restaurant, tackle .shop, marine retail sales, and marine maintenance and repair. 2. Oceanside has obtained a major conditional use approval for modification of its land use approval in order to add twenty-two (22) units of single-family housing to the existing mix of uses, the whole of which is consistent with the Land Development Regulations and the Year 2010 Comprehensive Plan. See Exhibit C — Monroe County Planning Commission Resolution No. P52-1997 -- Modification of Major Conditional Use — Oceanside Marina. 3. Oceanside Marina cannot complete the major conditional use by adding the residential units solely because of the fact that there are not sufficient dwelling unit allocations available according to the requirements of the Monroe County Residential Dwelling Unit Allocation Ordinance (ROGO), Sections 9.5-120 through 9.5-124.0, inclusive; and WHEREAS, both the Parr and Oceanside were in existence at the time of the County's analysis and census of existing dwelling units, July 1.990, whose results formed a major basis of the ROCO ordinance cited above, and 4 of 25 Walker Development Agreement February 4, 2Qoo WHEREAS, the County and DCA acknowledge that the transfer of ROGO exemptions from the Park is not currently allowed per the Land Development Regulations, Sections 9.5-120 through 9.5-124.0, inclusive; and WHEREAS, the County and DCA acknowledge that the transfer of excess residential density in the form of Transferable Development Rights (TDR's) is not currently allowed per the Land Development Regulations, Sections 9.5-120 through 9.5-124.0; and WHEREAS, according to the 1999 Monroe Public Facilities Capacity Analysis, there is excess traffic capacity for US Highway 1 serving Stock Island; and WHEREAS, the County and DCA acknowledge that the transfer of ROGO exemptions from the Park, 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 Year 2010 Comprehensive Plan with regard to Big Pine Key; and WHEREAS, the County and DCA find that entering into this Agreement furthers the Purposes, Goals, Objectives, and Policies of the Year 2010 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: Ia PURPOSE OF AGREEMENT The puiWse of this Agreement is threefold, A. To resolve all existing litigation between the County and the Parr with respect to the appropriate zoning; and future land use designation for the Park property, the Page 5 01,25 Walker Development Agreernent February 4, 2000 ability to replace existing units with permanent single-family home structures, and the ability to use or maintain the existing density on the property, and to transfer existing or credits for previously existing ROGO exempt units to other properties within the County. B. To allow Oceanside to become a receiver site for the excess ROGO exemptions available from the Park as enumerated above and to limit Oceanside's role in this Agreement to that purpose. C. To reduce the density of the Park property to a level consistent with its size and the Land Development Regulations zoning designation and Year 2010 Comprehensive Plan future land use category. II. STATUTORY AND CODE REQUIREMENTS The parties recognize the binding effect of 163.3220 and 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 properties that are subject to this Agreement are described in Exhibit A, a survey of the Oceanside property, and Exhibit B, a survey of the Park property- 13. Duration of Agreement This Agreement shall remain in effect for ten (10) years from its effective date as defined herein. It is the intention of the 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. 6 of 25 Walker Development Agreement February 4, 2000 C. Permitted Uses I. The development uses permitted on the properties, including the population densities and building intensities and heights are: As to the Oceanside property, the development approved is set forth in Exhibit C, Oceanside Development Order No. P52-1997, inclusive of twenty-two (22) single- family residential units enabled by the transfer of ROGO exemptions from the Park. As to the Park property, the allowed uses shall be the following: a. Residential use— nineteen (19) units of housing subject to the conditions set forth in Sections H DA; 11 E.2; IV B.1, 4, 5, and 6; TV D_2; and IV E. of this Agreement and other appropriate uses. b. Accessary uses, including but not limited to sewage treatment plant, landscaping, and accessory storage for each unit. For the duration of this Agreement, the parties agree that any and, all of the approved development shall adhere to, conform to, and be controlled by this Agreement, Exhibit C, the Land Development Regulations, and the Year 2010 Comprehensive Plan governing the development of the land effective when the County, Oceanside, the Parr, and DCA execute this Agreement as authorized by Section 163.3220 and 380.032, Florida Statutes; however, in no way shall this section. require Oceanside to undertake the responsibilities of the Park, nor shall this section require the Park to undertake Oceanside's responsibilities. 2. In the event that all or a portion of the existing or authorized development subject to this Agreement should be destroyed by a storm, fire, or other i of 25 Walker Developmeni Agreement February 4, 2000 common disaster, Oceanside and the Park, their grantees, successors, or assigns shall have the right to rebuild or repair so long as such work is in compliance with this Agreement. D. Public ]Facilities 1. The Florida Keys Aqueduct Authority provides domestic potable water to both properties. 2. Electric service is provided by City Electric System to both properties. I Solid waste service is provided to both properties by a solid waste collection system franchised by Monroe County. 4. The Park shall provide wastewater and sewage collection and disposal via an onsite package sewage treatment plant approved by the Florida Department of Environmental Protection (DEP) or the Health Department at the time of building permit application. 5. Oceanside collects and disposes of its sanitary sewage wastewater via an onsite plant approved by DER E. 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 a. This Agreement b. The approved, final site plan, landscape plans drainage plan, and building elevations and floor plans as encompassed by and referred to in Monroe 8of25 Walker Development Agreement February 4, 2000 County Planning Commission Resolution No. P52-1997 attached hereto as Exhibit C for the redevelopment of the Oceanside Marina_ 2. Further Development Permits Required a. Amendment of the future- land use category of the Parr from Residential Medium (R-M) to Residential High (RH). b. Approved minor conditional use development order for redevelopment of the Park. c. Approved minor conditional use development order for the transfer of one (1) TDR and ROGO-exempt dwelling unit from the Park to a receiver site. The Park shall file the minor conditional use development application at the time it identifies a site for the transfer. The County will charge Five Hundred ($500.00) Dollars for the; application. d. wilding and related construction permits for all main and accessary structures; land clearings and landscaping as appropriate on Oceanside and the Parr properties. e. FederaI, State, South Florida Regional Planning Council, and Monroe County permits for storm. -water runoff and dredge and fill if required. F. Finding of Consistency By entering into this Agreement, the County and DCA find that the development permitted or proposed herein is consistent with and furthers the Monroe County Year 2010 Comprehensive Plan and all applicable lard developrent regulations. 9 of 25 Walker Dcvelcpment Agreement February 4, 2000 G. Breach, Amendment, Enforcement, and Termination Exclusive of any others except hose 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 the Park's or Oceanside's material breach of the terms and conditions of this Agreement, Monroe County or DCA shall serve written notice on and shall provide the Park or Oceanside the opportunity, within ninety (90) days, propose a method of fulfilling the Agreement's terms and conditions or curing the breach. The County or DCA shall allow the Park or Oceanside an opportunity to cure the breach or to negotiate an amendment to this Agreement within a reasonable time, not to exceed one hundred eighty (180) days after the Park or Oceanside's response or proposal absent exigent circumstances. b. The following events, unless caused by fire, storms, floods, or other acts of God or events beyond the control of the Park or Oceanside are to be considered a material breach of this Agreement: (1) the failure to maintain the open space provisions of this Agreement shown in Exhibit C; (2) the failure to maintain conditions placed on permits or approvals contained in or issued as a direct result of this Agreement ; (3) the failure to comply with applicable permitting requirements of iMonroe County after notice and opportunity within ninety (90) days to commence to comply with such permitting requirements or, if applicable, to commence compliance with 10 of 25 Walker Development Agreement February 4, 2000 such requirements and have completed within a reasonable time frame, not to exceed one hundred eighty (180) days, as mutually agreed by the parties if compliance requires more than, sixty (60) days. c. If Monroe County, through its Director of Planning finds that the park or Oceanside 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, the Park or Oceanside fails within a reasonable time to respond, cure, or secure and amendment resolving the breach, the County may utilize appropriate code enforcement remedies to cure any breach.. 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 the Park and Oceanside 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. 30 Hearing Requirements a. Before amending, terminating, or revoking this Agreement, Monroe County shall conduct at least two (2) public hearings. 11 of 25 Walker Development Agreement February 4, 2000 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 f 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 the Park or Oceanside has acquired vested rights under prior law. 5. Enforcement a. .Monroe County, the .Park, or Oceanside, their successors or assigns, any aggrieved or any adversely affected person as defined in 163.3215(2) 12 of 25 Walker Development Agreement February 4, 2000 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. b. 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 the Park or Oceanside of the necessity of complying with the laws governing said permitting requirements, conditions, terms or restrictions. IV. Additional Provisions A. Zoning Designation Monroe County shall initiate upon the signing of this Agreement action to record and reflect in all appropriate County records the rezoning of the Park property from its previous Improved Subdivision (IS) to UFUM-RH (Residential High), based on. Judge Taylor's Writ of Certiorari in Circuit Court Case No. 94- 152S-CA-18. However, according to Florida Statutes, Chapter 163.3194(l), all land use decisions must be consistent with all elements of the Comprehensiv€: Plan.. 'Therefore, in addition to being consistent with the Objectives and Policies of the Comprehensive Plan, a change can only be, granted if the requested 13 of 25 Walker Development Agreement February 4, 2000 zoning is consistent with the future land use designation for the property. Pursuant to this statute, Monroe County shall initiate a change to the future land use map from Residential Medium (RM) to Residential High (RH) upon the signing of this Agreement. This change shall be adopted by the County and approved by the DCA prior to the approval of the rezoning of the Park to Urban Residential Mobile Horne (URM)_ By signing this Agreement, the County and DCA acknowledge the appropriateness of the URM zoning for the Park property. The County shall allow the Park to submit an application for minor conditional use approval of the redevelopment of the Park contemporaneously with the County's initiation of the change of future land use map for the Park, R. Transfer of ROGO Fxemptions and TDR's 1. The County and DCA acknowledge that the Park has excess density in the form of ROGO exempt units and TDR's that, by the covenants and stipulations of this Agreement, may be transferred to other properties. 2. The County and DCA shall allow the transfer of twenty-two (22) ROGO exemptions and TDR's from the Park to Oceanside to allow the construction of the residential component of Monroe County Planning Commission Resolution No. P52-1.997, Exhibit C. 3. Should circumstances beyond the control of Oceanside prevent the use of some or all of the twenty-two (22) ROGO exemptions, Oceanside shall have the ability to transfer those ROGO exemptions obtained from the Park to other properties within the Lower Keys ROGO subarea, exclusive of Big Pine and No Name Keys, and excluding any properties receiving negative 14 of 25 Walker Development Agreement February 4, 2000 paints associated with Habitat Protection; Threatened, Endangered or Species of Special Concern Animal Species; or Critical Habitat Areas pursuant to Policy 101.5.4 of the Monroe County Year 2010 Comprehensive Plan, subject to County approval via a minor conditional use approval. 4. The Park shall have the right to transfer an additional one (1) ROGO exemption to another property within the Lower Keys ROGO subarea, exclusive of Big Pine and No Naive Keys; and excluding any properties receiving negative points associated with Habitat Protection; Threatened, Endangered or Species of Special Concern Animal Species; or Critical Habitat Areas pursuant to Policy 101.5.4 of the Monroe County Year 2010 Comprehensive Plan, subject to County approval via a minor conditional use approval. 5. None of the ROGO exemptions or TDR's transferred from the Park may be transferred to a site that is more environmentally sensitive than the Park 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 Parrs and Refuge land use districts, 6. Prior to the approval of any building permit which is issued pursuant to the minor conditional use order transferring any ROGO exemptions and TDR's to Oceanside, the Park shall deinonstrate to the County, through twenty-two (22) demolition permits or other evidence acceptable to the County which documents the required removal of units, and provides evidence that a deed 15 of 25 Walker Development Agreement February 4, 2000 restriction has been placed on the Park property Permitting its development up to a maximum of eighteen (18) single -:Family dwelling units. Demonstration by the Park and confirmation by the County shall occur within 30 days of the recording of this Agreement. For the purposes of this Agreement, this shall mean that the Park can demonstrate that mobile homes have previously been removed from the site or that the mobile homes will be removed within 30 days. Nothing in this provision shall abridge the rights of a tenant at the Park to exercise his/her rights under F.S. 723. Insofar as the time limits :For the removal and transfer of any unit at the park are delayed by the exercise of those rights, the time periods of this provision, as to that unit only, are tolled. 7. Any cesspit credits created by the removal of cesspools or noncompliant septic system on the Park property up to a maximum of twenty-two (22) credits shall become the property of Monroe County. Any cesspit credits in excess of twenty-two (22) shall remain the property of the Park. C. Oceanside Affordable Housing Donation Oceanside will donate $26,400.00 to the Monroe County Homeowners Wastewater System Assistance Program. D. impact Fees I e Impact fees assessed Oceanside for the development enabled by the transfer of the twenty-two (22) ROOO exemptions shall be for single-family homes. 1 fi of 25 Walker Development Agreement February 4, 2000 2. The impact fee for the remaining one (1) unit shall be assessed as a single- family home prior to the issuance of a building permit less the credit for the impact fee for the existing one (1) mobile home. F. Method of Approval for Transfer of Density This Agreement shall be the instrument that allows the transfer of twenty-two (22) units of transferable density rights from the Park to Oceanside. The Park shall file and record with the Monroe County Clerk of Court (upon sale of the transferable development rights to Oceanside) a deed restriction on its property limiting the density to eighteen (18) units of single family housing or mobile home units plus one (1) transferable ROGO exemption. F. Termination of Legal Proceedings Against County Upon the signing of this Agreement by all parties and its subsequent recordation with the Monroe County Clerk of Court, the Park shall terminate, withdraw, and cease all claims and actions in law against Monroe County and the State of Florida Department of Community Affairs (DCA) filed in local or circuit court or court of appeals related to :coning, site development, or code enforcement on the Park property. G. Development Site Plan Approvals for the Park The Park shall have the sole responsibility of preparing a redevelopment plan for the Park property, which shall specify landscaping, buffers, setbacks, open space, access, home sites, and location of wastewater treatment plant. The Park shall submit the plan as part of a minor conditional use application. within 60 days of the recording of this Agreement. The County shall process the plan via a minor 17 of 25 Waller Development Agreement February 4, 2000 conditional use approval within 120 days of the recording of this Agreement. The approval of the Park's redevelopment plan shall not be a condition precedent to the transfer of ROGO exemptions to Oceanside, nor shall approval of the redevelopment plan be required prior to the construction of units at Oceanside. This Agreement supersedes the time requirements of Section 9.5-7(a)(1), H. Park Compliance with 723.083 Florida Statutes The Park shall demonstrate to the County and DCA its compliance with 723.083 Florida Statutes, if applicable. For the purposes of this paragraph and compliance with 723.083 Florida Statutes, the Park shall provide documentation to the County in the form of a list of other suitable facilities for those mobile home owners whose units would be removed_ The specified last shall be provided to the County prior to a demolition permit being issued. Z. 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 the Park or Oceanside. T. Entire Agreement This Agreement 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 Agreement that are not contained in or incorporated into this document. Accordingly, it is agreed that Wage 18 of 25 Walker Development Agreement February 4, 2000 no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. K. 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. L. Limitation on Individual Liabilities and Responsibilities Notwithstanding the individual liabilities and responsibilities of Oceanside and the individual liabilities and responsibilities of the Park, as described by this Agreement, nothing herein shall require the acts or responsibilities of Oceanside to be a condition precedent to the Park being able to carry out the development authorized by this Agreement (with the exception of the transfer of ROGO exemptions to Oceanside), not shall the acts or responsibilities of the Park be a condition precedent to Oceanside being able to carry out the development authorized by this Agreement or Development Order No.P52-1997 (Exhibit G), with the exception of the twenty-two (22) units of ROGO exemptions transferred from the Park. Should the Park fail to transfer the twenty-two (22) units of ROGO exemptions to Oceanside, nothing in this Agreement shall prevent Oceanside from obtaining the twenty-two (22) units of ROGO exemptions from another source, 19 of 25 Walker Development Agreement February 4, 2000 M. Jurisdiction and Governing Law The parties hereto agree that any and all suits or actions at law shall be brought in Monroe County, Florida, and no other jurisdiction. This Agreement shall be construed and interpreted under the laws of the State of Florida. N. 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. a. Successors and Assigns This Agreement shall be binding upon the parties hereto, their successors in interest, heirs, assigns, and personal representatives. P. Notices All notices, demands, requests, or replies provided for or permitted by this Agreement 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 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: 4r. James Roberts County Administrator 5100 College Rd. Key Wiest, FL 33040 Page 20 of 25 Walker Development Agreement February 42 2000 The address of the Park shall be: Mr. John J. Brier and Ms. J. Leslie Brier Paradise Island Park, Inc. 59001 Overseas Highway Marathon, FL 33050 The address of Oceanside shall be: Mr. Roger Greene and Marci Pose Key West Oceanside Marina 818 White St. 5960 Peninsular Avenue Key West, FL 33040 Key rest, FL 33040 The address of the Department of Community Affairs shall be: Mr_ Steven Siebert Secretary Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399 Q. 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 the County. (Signature pages follow) 21 of 25 Walker DevelopmenT Agreement February 4, 2000 IN WITNESS 'NESS WHEREOF, the Parties hereto have set their hands and seals on the clay and year below written_ Signed, sealed, and delivered in the presence of: Witness: Paradise Island Park., Inc. (FLORTDA) By: Print Name Dated: Signature v, gtor ,, izo 5 By: Printed Name 0& Dated SignatureLtif State of Florida County of Monroe 01irier The foregoing instrument was acknowledged before me on this 10day of 4!;J�r cart' 2000, by ' Q r and (� ri y are ersorally known o me or produced as identification and did not take an oath. * y" SHARtItd PRATIR MY COMMiSMO O CC 883998 a = XP113 5: 00M 39, 2 3 Bimded Mu No" FWD Undvwft?s "�/" "� Notary Public Printed name My cornmission expires: y Commission number: 22 of 25 Walker Development Agreement February 4; 2000 IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day ana year below written. Si ned, seated; and delivered in the presence of: Witness: Ivey West Oceanside Marina, Inc. (FLORIDA) fL . .. ..... it By: t NazCe esident "_"� Dated: � �j v Si�natur Printed Name C� SiVtu;re / State of Florida( County of Monroe The foreeoino instrument was acknowledged before me on this _ `�- day of . 20K by He is personally known to me or produced did not take an oath. as identification and otary Public )adeURokserts . - MYCOMMISSIDN# CC906777 EXPIRES 3anuery 91, 2004 ..` aON DEQ TKU TPOY FAIN iNMANCE tP,;C, My c€ rr rn.issiora e ptr T My commission number: Page 23 of 25 Walker Dcvelopment Agreement February 4, 2000 APPROVAL OF THE FLORMA DEPARTMENT OF COMMUNITY AFFAIRS By. Print Name State of Florida County of 1=2�— The foregoing instrument was acknowledged before me, on this day of *61 2000, by He/4ie- is personally known to me -of-- Getb A. Frost MYCOMMISSION #CC084,192 EXPIRES March 1, 2003 . 011 30"OTWU WYFAKWUMK#4C- a, and did not take an oath, Notary -PWic My commission expires: My commission number: 24 of 25 Walker Development Agreement February 4, 2000 APPROVAL OF MONROE COUNTY BOARD OF COUNTY COMMISSIONERS On the / YM clay of , 2000, Monroe County Board of County Commissioners approve is Development Agreement by Resolution No. A1I,4 M+ NROE COUNTY, FLORIDA 4 I AN'i Y OLHAGE C N`I'Y GfIRK By: MAYOR SHI EY FREEMAN APPROVED A.5 TOAORM /PENDRICK 7-a 25 of 25 Walker Development Agreement February 4, 21000 The conversion to junior suites will be accomplished without the addition of hotel rooms, but rather by reconfiguring existing older, less desirable rooms into storage and office space and moving the ROGO rights to the existing One Duval restaurant area (a plan similar to this was approved with Board of Adjustment Resolution 01-362). Rooms 801 and 802 will be converted to storage space (current storage for the resort is located on Stack Island) thus allowing the resort to have on site, air conditioned product and document storage. Room 169 will be converted to an office. Rooms 805 and 806 will be converted into a one -bedroom suite and rooms 193 & 195 will be converted into a one -bedroom suite. Also, rooms 291 & 293 will be converted into a one bedroom suite. Keys to be transferred to "Building H° (former One Duval Restaurant and Havana Docks Bar building) are from rooms 169, "193, 291, 801, 802 and 805; therefore there is no net increase in the number of Motel rooms at the Pier House. All rooms to be converted are currently approximately 280 s.f_, and the proposed suites will be approximately 450 s_f. Additionally, Pier House Joint Ventures plan to re -convert the Harbour View Meeting Room back into the Harbour View Restaurant, a casual eating establishment. All reconfiguration of rooms will be performed within the current load -bearing walls, no exterior walls are effected except for the three upstairs units which will replace the outdoor deck_ Board of Ad'tzstme€ t Resolution Number 96 175 Board of Adjustment Resolution-Nl=ber 96-81 Board of Adjustment Resolution Number 01-362 Planniiig B9 rd Resolution Number 2002-001 £3oard of Adiut stment Resolution Number 02-339 City Cot -emission Resolution Number 02-052 Board of Adjustmeni Resolution Number 0 -020 pity Comnj scion Resolution Number 05-O 7 Board of Adiustmep.t &sol�iiion Number 05-023 Board of �l�u� t�r�ent Resolution Number 06-019 Please see 'App(endix A' for each Resolution SITE PLAN uD16aPX31uo:) i vaiaoij'jvoiavons Nvld 311S 3Nvl A32MS0 m