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04/17/2024 Agreement GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: April 23, 2024 TO: Christine Hurley, Executive Director Monroe County Land Authority Dina Gambuzza Property Specialist FROM: Liz Yongue, D.C. SUBJECT: April 17, 2024 BOCC Meetings The following item has been executed and added to the record: F2 Resolution 148-2024 granting approval of a $99,999 purchase agreement for a Less Than Fee Interest including a ROGO Exemption and an associated Transferable Development Right for a residential parcel located on Big Pine Key, and approving the movement of the market rate ROGO Exemption from the property to the Administrative Relief Pool for market rate allocations. Should you have any questions please feel free to contact me at(305) 292-3550. cc: File County Attorney Finance KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 AGREEMENT FOR THE PURCHASE OF ROGO EXEMPTION AND TRANSFERABLE DEVELOPMENT RIGHT THIS AGREEMENT is made and entered into this 17th day of April , 20247 by and between KIRK NANKIVELL and MARTINA NANKIVELL (hereinafter "Seller(s)"), for themselves, their heirs, executors, administrators, successors and assigns, and MONROE COUNTY, FLORIDA (hereinafter "COUNTY"). WITNESSETH: 1. In consideration of Ten Dollars ($10.00) in hand, paid by the COUNTY, the receipt of which is hereby acknowledged, the Seller(s) agree to sell to the COUNTY certain rights associated with lands upon the terms and conditions hereinafter set forth, and for the price of $99,999.00 for all of rights, title and interest Seller(s) may have with respect to that certain ROGO Exemption Request, File # 2021-R026 ("ROGO Exemption") and associated Transferable Development Right (TDR) associated with the real property located at 31536 Avenue F, Big Pine Key, Florida 33042 (the "Property"). BK 33 PT UNNUMBERED LOT SANDS SUB PBl-65 BIG PINE KEY Parcel ID# 00304560-000000 The Parties acknowledge the Property consists of two (2) rate of growth ordinance entitlements and two (2) associated transferable development rights. This Agreement is for the acquisition and transfer of one (1) of each. 2. The Seller(s) agree that they have full right, power and authority to convey the interest described herein, and that they will convey to the COUNTY the ROGO Exemption and associated TDR. The COUNTY, at the COUNTY'S expense, within the time allowed to deliver evidence of title and to examine same and determine in COUNTY'S sole discretion whether title to the ROGO Exemption and associated TDR is free and clear of encumbrances. 3. The Seller(s) further agree not to do, or suffer others to do, any act by which the value or title to the ROGO Exemption may be diminished or encumbered while this Agreement is pending. 4. The Seller(s) further agree that during the period covered by this instrument officers and accredited agents of the COUNTY shall have at all reasonable times the unrestricted right and privilege to enter upon said lands for all proper and lawful purposes, including examination of said lands and the resources upon them. The Seller(s) hereby waive their rights to any and all claims against the COUNTY or the State of Florida associated with, or arising from ownership of, said lands with respect to the ROGO exemption and associated TDR and this waiver shall survive closing. 5. The Seller(s) will execute and deliver upon demand of the proper officials and agents of the COUNTY a good and sufficient Covenant of Unity of Title and Restriction on Future Development and/or Conveyances ("Restrictive Covenant") to the COUNTY satisfactory to the legal counsel of the COUNTY. 6. In consideration whereof the COUNTY agrees that it will purchase the ROGO Exemption and associated TDR at the price of $99,999.00. The COUNTY further agrees that, after the preparation, execution, and delivery of the Restrictive Covenant and an Assignment of ROGO Exemption and associated TDR, it will cause to be paid to the Seller(s) the purchase price. The COUNTY shall pay the following expenses associated with the conveyance of the property: recording fees, settlement fees, abstract fees, title examination fees and the Buyer's attorney's fees. The Seller(s) shall pay the expenses of documentary stamps to be affixed to the Restrictive Covenant and/or Assignment of ROGO Exemption and associated TDR, if any. Full possession of the ROGO Exemption and associated TDR shall pass to the COUNTY as of the date payment is made to the Seller(s) subject only to the reservations stated in Section 2 above. 7. It is mutually agreed that an abstract or other evidence of title to the interest herein contracted to be sold, satisfactory to the legal counsel of the COUNTY will be obtained by the COUNTY at its expense. The Seller(s) expressly agree herein to furnish to the COUNTY any documents in Seller(s)'s possession establishing evidence of title including, but not limited to, abstracts, title commitments, title policies and opinions of title. 8. It shall be the obligation of the Seller(s) to pay all taxes and assessments outstanding as liens, together with discharge, joinder or subordination of any mortgages at the date of recording of the Restrictive Covenant, whether or not such taxes, assessments, liens and mortgages are then due and payable. 9. It is mutually understood and agreed that notice of acceptance of this Agreement shall be given to the Seller(s) by email to the address provided by the Seller(s) or by mail addressed to the Seller(s) at the following address: 31536 Avenue F Big Pine Key, Florida 33043 and shall be effective upon date of mailing and shall be binding upon all of the Seller(s) without sending a separate notice to each, except as such obligation may be affected by the provisions of paragraph 6 hereof. 10. The effective date of this Agreement (hereinafter "Effective Date") shall be that date when the last one of the Seller(s) and the COUNTY has signed this Agreement. 13. If the Seller(s) wish to proceed with this transaction, the Seller(s) have until January 15, 2024 to sign and return this Agreement to the COUNTY. This Agreement may be executed in counterparts. Notwithstanding any provision of this Agreement to the contrary, the closing of this transaction is contingent upon approval by the Monroe County Board of County Commissioners, failing which the parties acknowledge that each shall be released of all further obligations under this Agreement. In the event this transaction has not closed within one hundred eighty (180) days from the Effective Date, then either party may terminate this Agreement at any time thereafter by providing written notice, in which case the parties acknowledge that each shall be released of all further obligations under this Agreement. r IN WITNESS WHEREOF, the Seller(s) have hereunto signed their names and affixed their respective seals on the day first above written and therefore the Seller(s) for and in consideration of the Ten Dollars ($10.00) hereinabove acknowledge as received, have and do hereby grant unto the COUNTY or its authorized representative, or any other office or agent of the COUNTY authorized to purchase said lands, the option and right to enter into this Agreement for Purchase within sixty (60) days from the execution thereof by the Seller(s). Seller ..,,,-:,....-7 , ,,,,,,,,L "):::::;/7 1/12/24 805-941-0174 kdnankiv©grail.com Signature Date Phone Number Email Address Seller Xvi/r/1----- 1/1 2/24 805-941-0174 kdnankiv@gmail.com Signature Date Phone Number Email Address Buyer/COUNTY: MONROE COUNTY, FLORIDA ,.�:�sA�TT ST Kevin Madok, CPA, Clerk ,''C',').,;)- -"*,&',''',,,N ,,,y,--,/„-,2,-- ,-;. -c-,s, •N,,,&4, ---:Y ‘51%-liatif(May ',di?' ^:...+-•t .\ ( .: U ......... i,z-, i . eT ,,._' r- '4 As, putyy W 9 Holly errill Raschein, Mayor or 1j,Q� tti ', — \� :u /�w 1 ,r° ' � ' �i tAfl r. (Seal) �:m Fa a .: �ta : R,�i' . _, s+ '5,ti Date: H 1 ii 1024 `etc -:i9} t" MONROE COUNTY ATTORNEY'S OFFICE Approved for form and legal sufficiency Digitally signed by Robert B.Shillinger Robert B. S h i l l i n g e r. DN:cn=Robert B.Shillinger,o=Monroe County BOCC, ou=Monroe County Attorney,email=shillinger- bob@monroecounty-fl.gov,c=US By: Date:2024.04.16 15:12:56-04'00' ,. Robert Shillinger, County Attorney :. - I w r- Exhibit B ROGO Exemption Letter Cy of Conroe RiarxrrirYa arnt '; Board of County i .:mers 279 overseas NHighwaHighwayr`� �1. Mayor Charles McCoy, mist, Suite 410 Mayer Pro Tem Murray Nelson, Gist, 5 Marathon, Florida 33050 rarrNrro. �iie aaehar, Gist. 1 `voice: (305),289 2500 Comm.George Neugent, Dist.2 FAX: ( 05)289 2536 � `�����. .� ,w Comm. David P. Rice, Gist, May 5, 20,08 Mr, Albert Diaz 265 SW 40 St, Miami, FIL 33165 Re: Pt Unnumbered Lot Sqr 88 Sands Subdivision (RE# O 8g48 i0.0000001) Gear Mr. lia : Youi requested a determination as to whether a residential unit may be rebuilt and exempt from the Residential Rate of Growth Ordinance (ROGO) on the above-described premises, review of the records has determined, • The property is located in the Improved Subdivision (IS) Land 1 Use District. A detached residential dwelling is a permitted use in the IS Land Use District, The pre 1986 zoning was RU-1'. The Monroe County Property Record turd (PRC) shows that a residential unit existed on the property from, 1 ; -200 . The property received a, homestead exemption from 1 g82- 1g88. The year built is indicated as 19188. (As a note; the year built does not necessarily indicate that the mobile home was placed at it's current location in 1965) Building Permit A2546 was issued on July 18, 1961 for an addition, 0 Building Permit A7943 was issued on March g„ 1981 for electric service. 0 Florida Keys Aqueduct Authority records indicate that service was initiated on April 112, 1981, The Monroe County 1988 mobile home study indicates one residential unit existed on the property.. Aerial photography produced by the Real Estate Atlas indicates that there was a structure on the site in 1984 and 19,89.. A site visit was conducted by a Monroe County Planning Technician, Timothy Richard, on May 3, 2006. One Mobile Home was present on the property. Pt Unnumbered Lot aqr 33 Page t of 2 Sands Subdivision RE#00304560.0010000 Based on the review of these records, one replacement r id ntii ll unit may be rebuilt conforming to Gill current Monroe County Codes without going through GO, the structures on the property will need be demolished with a Building Permit. Pursuant to Monroe County Code Section 9,5-43 you are entitled to rely upon the representations !set forth in this letter as accurate under the regulations currently in effect. Please feel free to contact the Planning Department at (305) 289-2'500 if you have any quiestionis,. Slincer ly, Aref Joulaini, Ty Symiroski, Director of Planning & Environmental Resources Director of Giro,wth Management Pt Unnumbered Lot Sqr 33 Page 2 of 2 Sands Subdivision RE#00304560,000000 Property 'Information for 1376647 Page I of'3 Ho or t)1"?a rtm ont's Ex"c'm PAP"I'm 0,11iftv VA ta,,C'c wtv'r Forms Oo 1,2CM7 W44AM C0,11ul 0ox-MCIM ofllre Undu Ronda kaw,C-inqR addmsm!s vo pubhc wconh H You b not"W1 VOUTC MUH addresq ndcused in tespomw m a puhf n:cmds ueqtwst.do nol svM b.Iuorortw nuafl to ft,cnwN Inmead,c1q01,00 dils office by phone ow m vVTm[q,,, FS 6WRY76 ONLINE DATA CENITR RE,CORDS SEARCH PROPERTY INFORMATION FOR: Alternate Kcy� 1376647 RE Number: 003045610-0010000 M 0111" ile OWNER OF RECORD PROPERTY MAP DIA'RATES ANGELA AND CARLO 1123 HET'NER DR NORTHWEST CIONOVI'T NJC 28613 42,5 PHYSICAL LOCATION 31548 AVENUE U BIG 11INE,KEY 304S40 LEGAI,DESCRIPTION SANDS SUB ['131.65 BIG PINI," K Yr f)j, UNNUMBERIED LOF SQR,33 OR225-268 O1'4874m 433 011874,4341"("*2 107-71 IQA.,O112246- I 13,5 1334/36R/S SUBDIVISION: SAWN DS Sk 131) ................ ................ SEC-r1ON,TOWNSHIP,RANGE 25 ..66-29 30, 0 i 30"10 AFFORDABLE 1110USING, No MILLAGE GROVP 10011 ........... mz '10 "'00A M PCCODE Map Size (�4 None Small (- Medium ro L,arge 0200-MOBILE I WMES Aeriarl View to Off r On F Land Details lyttl�://www,ni,epafl.o�r&,/d,it,aceiiter/se,,irch/recorcl.asp 10/1/2007 Property Information for 1376,647 Page 2 of 3 n 020 ,-MOB 110M A°t°1°; ,F13.1DI^J"I` 0 1W 4720 SF Summary of NUMBER 01 I1LII.DINGS °TOT"A1,1,1 V IN AREA 1 400 NUMBER OF C;CDPrIIME RC'IAL BUILDINGS YEAR I$unl-r Building Chit Building, No I BUILDING TYPE R I CONDITION IITION A C,UALIT°Y GIIAI E 350 EIF1.,C:T"'VE,AGE 483 PERIMETER 14 o DF"1'II!I(71A"I"I;ON*'r+m 47 YEAR BUILT 1965 SI'E4°IAA ARCH 0 GR.N'I1 FLOOR A1iEA, 400 FI.7'NCFIONA1'.,OBS 0 ECONONUC OBS 1.b INCLUSIONS: 10 uridr.rm.es 13-fixtrrm bath and 1 Jdlcha,ri. ItIDRDF"31"YPE I`1,Al't;:DRSHED Rooj"Covly a MI;LA1, ]JEATI ONE, 1t'EW.F2 C~wt3NE FOUNDATION t,`ONC;BLOCK K L11:CJrIIOONIN I IIEAT SRC 1, NOW HFATSiw2 NON I,,vr iA 1+Iq;AT'IF1IES. 2 Fix BATH 0 4I+ix BA711 0 6 Fix RATH 0 EXTRA, FIX 41 VACUUM II M,,,(,IIRr-rY 0 GARBAGE DISPOSAL (1 3 FIX HATH 0 5 ITC BA,rn CN 7 FIX ILIA,rn 1D DIS IV'1ASHER, 0 INrr° iI,C o.m 0 FIREPLACES 0 C:OPw PAC:""OR l'b Sections ,. .� , _..� . .� ................ 'TYPE NIIII EX"I"FAIIOIR WAI,t,TYPE #STORIES 11'ENR BUILT AT"ITC' A7'C;' BASF:MENT% FINISHED BA"aUNIr:N'i"fir ArREA, "4. I 83:1'` E,,I SI.,/AL N 1 1984 N N CD 1I 401O Miscellaneous ImprrlwreIrsent .: .-- N R IMI'1,I,TYPE 9 UNITS TYPE LENGTH WIDTH YEM'4 BUILT ROLI,Y EA1'R GRADE LiFt"', 1 SW2:SEAWA.L�L 200 511 100 2 19°:75 1976 1 60 2 W12A ICaUI,I`NIC C"-AL3Al2a. 240 SF 12 20 1964 1965 d 50 Marcel Value History TAX ICCDLL YEAR BUILDING M1SCELLANE(n)ES LAND JUST EXEMPTIONS(NOr' "'1A ,ABLE Iw"1�P RCI'�'IYNTENT`S INCLUDING SENIORS) 2007 283,407 ,3,744 146,329 178,480 Cl 128.480 2006 26,222 3,496 29.5,8 01 O 325,5183 C) 325,519 2005 30,593 3,536 178,500 212,629 0 212,629 211114 17,252 3,556 842,680 103,4883 (1 103,48483' 2003 17,252 3„596 381,584 59,432 ft 59,432 2002 14,945 3,6311 383,584 57,165 t1 57365 2001 10,104 3,656 35,828 49.58I83 41 19,5883' 000 10,104 3,1013 35,121 11,039 1N 411,1139 1999, 10,104 3,140 '40,316 43,561 14 43,561 1998 9,453 2,,954 30,.31PS 42,,722 0 42 72.2 1997 3),.453 2,98313 30„316 42,754 01 42,754 19916 83,701 2,774 30,316 41,790 1;D 41,790 j11 19'95 8,701 2,7983 30,316 41,815 0 41,815 1994 7,792 2,549 30,316 40,(556 0 40,656 1993 7,467 1484 30,316 40,267 (D 40,267' 1992. 7,407 2,505 31D,316 40,28184' tl 40,28383 1991, 7,467 2,546 :30,316 40,329 0 40,329 1990 7,4.66 2,5847 30,316 40,370 t`I 40,370 1989 6,,,493 2,2'681 28,001 36,7'62 lD 36,702 198184 5,2783 20413 28,001 35,327 0 35,327 19817 5„214 2,0830 30,867 18w,161 CI 381,101 19816 5,243 2,06 3R 867 383,206 111 384,206 htt,p:// .rr1cpa,1.13 /dat4 act r/search/ ecoiD1C,1,asp 10/1/20 7' property Inforniat on for 13 76647 Page i ol` 198 � � ._ 1982 4,329 706 15,008 20„04" 20,043 N';b Parcel Sales History--- � � ��........_..........................._......_._ Nun,-Or ir NUVORDS Alit' r°vva°,al.LV TWO YO°N rrr IA", lwltlNTIIS rMriIND FROM [°iNil N�,DV TF, 011"S LF IF A REC NT S,ALL' r OrS NOTS110W UP PLEASE GIVE(r> R OFIFI(r.°1'1NIF` O If'�Ci�,r;"�� IT. OFFICIA1,RECORDS SALE DATE BOOK/PAGE PRICE, INSTRUMENT 02/1485' 1174/4,33 20,000 Wr View'rax Collector Record Filis page has been,visited 179 times. lit,p:H meper:ll.or atrr iiter/search/reco:r(i.asp 101/1/200 County of Monroe Planning&Environmental Resources Department@ \, Board of County Commissioners: � Mayor Michelle Coldiron,District 2 Marathon Government Center is r 2798 Overseas Highway,Suite 400 f �- Mayor Pro Tem David Rice,District 4 Marathon,FL 33050 Craig Cates,District 1 Voice: (305)289-2500 Eddie Martinez,District 3 FAX: (305)289-2536 �' Mike Forster,District 5 ltty°iiNPr' �rV" We strive to be caring,professional,and fair May 13, 2021 Email : fran@frankinthekeys.com ; coastalreporting@comcast.net Kim Clark Waterhouse 9105 Sunshine Dr. Youngstown, Fl 32466 RE: ROGO Exemption Request(File#2021-11026)for property located at 31548 Ave F,Big Pine Key. A Parcel of Land in a Part of Block 33 of Sands Subdivision, a Recorded in Plat Book 1,at Page 65,of the Public Records of Monroe County,Florida.Parcel ID: 00304560-000200 DETERMINATION: One (1) dwelling unit is lawfully-established on subject property and its replacement would thereby be exempt from the ROGO permit allocation system. Dear Mrs. Waterhouse: You requested a determination as to whether one (1) residential dwelling unit is exempt from the Residential Rate of Growth Ordinance (ROGO) on the above-described premises. Pursuant to Section 138-22 of the Monroe County Land Development Code, the redevelopment, rehabilitation or replacement of any lawfully established dwelling unit or space that does not increase the number of dwelling units above that which existed on the site prior to the redevelopment, rehabilitation or replacement shall be exempt from the residential ROGO system. For dwelling units that were established prior to the effective date of the ROGO and therefore did not receive a ROGO allocation through the ROGO permit allocation system, the Monroe County Land Development Code requires a body of evidence to support the existence of the dwelling unit on or about July 13, 1992, the effective date of the original ROGO. Any Monroe County building permit(s) for the original construction of the structure confirming the existence of the dwelling unit and its use(s) on or about July 13, 1992 can stand as the only piece of evidence for a ROGO exemption. No building permit(s) or certificate of occupancy was provided by the applicant or found by staff in the County records confirming the existence of the dwelling unit and its use(s) on or about July 13, 1992. If there are no building permit(s) for the original construction of the structure, in order to grant an exemption, at least two of the following documents supporting the lawful existence of the dwelling unit must be found: (1) Any other issued Monroe County building permit(s) supporting the existence of the structure(s) and its use(s) on or about July 13, 1992: No county permits were found. ROGO Exemption Request File 42021-R026,31548 Ave F,Big Pine Key Page 1 of 3 County permits do not support the existence of the structure(s) and its residential use(s) on or about July 13, 1992. (2) Documentation from the Monroe County Property Appraiser's Office indicating residential use on or about July 13, 1992: The Property Appraiser assessed the property under a property classification code of 02-Mobile Home Subdivision from 1982 to 2016. The property received Homestead Exemption from 1993 to 2012. A year-built date of 1969 was attributed to the structure. AJ o e Arriai of the cua°rentpraaper(° ,coraliguratiaarafi)r Parcel 11)00304.`60-000200 aaudined in aqua County Property Appraiser's documentation indicate residential use on or about July 13, 1992. (3) Aerial photographs (to confirm the number of structures, not the number or type of dwelling units) and original dated photographs showing the structure(s) existed on or about July 13, 1992: Aerial photography from 1981 to 1998 confirms the continuous existence of a structure on the property. As a note, aerial photography can only confirm the number of structures, not the number of dwelling units, in existence at any given time. (4) Residential county directory entries on or about July 13, 1992: Residential county directory entries were reviewed by Planning Department staff for the years 1991 and 1992. The directories reviewed did not have an entry for the subject property's address. (5) Rental, occupancy, or lease records on or about July 13, 1992, indicating the number, type and term of the rental or occupancy: No occupancy or lease records were provided by the applicant for review. (6) State and/or county licenses on or about July 13, 1992, indicating the number and types of rental units: No state or county licenses were provided by the applicant for review. (7) Documentation from the utility providers indicating the type ofservice (commercial or residential) provided and the number of meters in existence on or about July 13, 1992: Records from Florida Keys Aqueduct Authority indicate residential water service for 31548 Ave F, Big Pine Key started on 01/03/1956. The property received continued service with one meter attributed to the property. ROGO Exemption Request File#2021-R026,31548 Ave F,Big Pine Key Page 2 of 3 (8) Similar supporting documentation not listed above as determined suitable by the planning director: Land Use(Zoning.)District: The property is located in an Improved Subdivision(IS)land use district, in which a detached residential dwelling is a permitted use. 1988 Monroe County Mobile Home Study: The 1988 Monroe County Mobile Home Study record the existence of a mobile home on the property at that time. SwAiii" ; u u - t'i Wig r, f i _. IIII�� �W irc�r�rruurat SR W l I „�,,., �d � o'oo'o lUohile Home.eatuafy°Sheel.v:v 1 whoHvang eviwterace qf naaaY,ale haanae. Based on a review of the records,the Planning & Environmental Resources Department has determined that one (1) dwelling unit is lawfully established on the subject property and its replacement would thereby be exempt from the ROGO permit allocation system. If the exempted dwelling units are replaced, all existing accessory structures must also be demolished unless written permission stating otherwise is provided by the Planning & Environmental Resources Department. This letter does not provide any vesting to existing regulations and the replacement dwelling units and any new accessory structures must be built in compliance with all applicable regulations of the Monroe County Code and Comprehensive Plan at the time of development approval. Furthermore, if the exempted dwelling units are not replaced, but substantially improved as defined in the Monroe County Code, they must be brought into compliance with all applicable regulations. You may appeal decisions made in this letter. The appeal must be filed with the County administrator, 1100 Simonton Street, Gato Building, Key West, FL 33040, within thirty (30) calendar days from the date of this letter. In addition, please submit a copy of your application to Planning Commission Coordinator, Monroe County Planning & Environmental Resources Department, 2798 Overseas Highway, Suite 410, Marathon, FL 33050. If you have any questions regarding the contents of this letter or if I may further assist you,please feel free to contact the Planning & Environmental Resources Department at(305) 289-2500. Sincerely, Frances Shockley, Vacation Rental Coordinator Cc: Frank Griffiths ROGO Exemption Request File#2021-R026,31548 Ave F,Big Pine Key Page 3 of 3