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HomeMy WebLinkAbout04/28/2025 Development Agreement Doc#2500706 Bk#3325 Pg#2201 Electronically Recorded 5/14/2025 at 1:00 PM Pages 57 Filed and Recorded in Official Records of MONROE COUNTY KEVIN MADOK ElectronicallyREC: $486.00 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RESOLUTION NO. 171 -2025 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AND VC TAVERNIER LLC AND BLACKSTONE GROUP TAVERNIER 925 L.L.C. THIS DEVELOPMENT AGREEMENT RELATES TO THE PROPOSED DEVELOPMENT OF 86 ATTACHED DEED RESTRICTED AFFORDABLE WORKFORCE DWELLING UNITS, A COMMERCIAL RETAIL USE WITHIN A SINGLE 49,340 SQUARE FOOT STRUCTURE,AND 350 SQUARE FEET OF INSTITUTIONAL OFFICE SPACE FOR A LOCAL NON- PROFIT ON THE SUBJECT PROPERTY. NO STRUCTURES SHALL BE HIGHER THAN 38 FEET. THE SUBJECT PROPERTY IS DESCRIBED AS PARCELS OF LAND IN SECTION 27, TOWNSHIP 62 SOUTH, RANGE 38 EAST, TAVERNIER, MONROE COUNTY, FLORIDA, CURRENTLY HAVING PARCEL IDENTIFICATION NUMBERS 00089490- 000000 AND 00490250-000000.' WHEREAS, during a scheduled special public meeting held on April 28, 2025, the Monroe County Board of County Commissioners ("BOCC", "Monroe County", "Board", or the "County") conducted a public hearing to review and consider a request riled by Bart Smith of Smith Hawks P.L. on behalf of Blackstone Group Tavernier 925 L.L.C. and VC Tavernier, LLC (hereinafter the "developers", "applicants", or "owners"), for a Development Agreement in accordance with Chapter 110, Article V, Sections 110-132 and 110-133 of the Monroe County Land Development Code ("LDC") and Florida Statutes Sections 163.3220 et. seq., the "Florida Local Government Development Agreement Act"; and WHEREAS,the subject property is located at 92501 Overseas Highway, Tavernier, and is described as parcels of land in Section 27, Township 62 South, Range 38 East, Tavernier, Monroe County, Florida, currently having Parcel Identification Numbers 00089490-000000 and 00490250-000000; and WHEREAS, the instant development agreement relates to the redevelopment of the subject property with a commercial retail use within a single 49,340 square foot structure, a 350 square foot institutional office use for the non-profit AH Monroe, and eighty-six (86) attached affordable workforce housing dwelling units pursuant to LDC Sections 130-93, 130-143, and Monroe County Comprehensive Plan Goal 113,Objective 113.1, and Policy 113.1.1; and 'Monroe County Planning and Environmental Resources Department File No.2024-041. 1 of 5 Doc.#2500706 Page Number: 2 of 57 WHEREAS, during a regularly scheduled public meeting held on February 24,2025,the Development Review Committee ("DRC") of Monroe County conducted a review and consideration of a request received from Bart Smith of Smith Hawks P.L.,on behalf of Blackstone Group Tavernier 925 L.L.C. and VC Tavernier LLC, for BOCC approval of a Development Agreement in accordance with Chapter 110,Article V, Sections 110-132 and 110-133 of the LDC and Florida Statutes Sections 163.3220 et. seq., the "Florida Local Government Development Agreement Act"; and WHEREAS, DRC Resolution No. 07-25, signed by the DRC Chair and Senior Director of the Planning and Environmental Resources Department,recommended that prior to this request for a Development Agreement be scheduled to go before a Monroe County Planning Commission Public Hearing,the following must be addressed: 1. The Applicant(s) must update both the associated Major Conditional Use Permit ("CUP")2 and this subject file so as to be consistent regarding proposed land uses; and 2. The Applicant(s) must submit plans that depict all land uses proposed and associated documentation necessary in order to demonstrate compliance with the requirements of the Monroe County Land Development Code and Comprehensive Plan; and 3. The Applicant(s)must submit a revised Traffic Study that references all proposed land uses; and 4. The Traffic Study, Mitigation Report, and Traffic Safety Study must be approved and determined to be adequate by County staff to demonstrate compliance with the Land Development Code and Comprehensive Plan. Once these concerns are addressed, the DRC recommends approval of the proposed Development Agreement with staff recommended edits as depicted in Attachment 2 to the 2/5/2025 Professional Staff Report. WHEREAS, the concerns identified at the DRC meeting and in the professional staff report dated 2/5/2025 have been addressed and determined to be adequate by staff, and WHEREAS, during a scheduled special public meeting held on April 14, 2025, the Planning Commission conducted a public hearing to review and consider a request filed by Bart Smith of Smith Hawks P.L., on behalf of Blackstone Group Tavernier 925 L.L.C. and VC Tavernier LLC, for BOCC approval of a Development Agreement in accordance with Chapter 110, Article V, Sections 110-132 and 110-133 of the Monroe County Land Development Code and Florida Statutes Sections 163.3220 et. seq., the "Florida Local Government Development Agreement Act"; and WHEREAS, on April 14,2025,the Monroe County Planning Commission recommended approval of the proposed Development Agreement with staff-recommended edits with revisions to Subsection M., Approval of Conceptual Site Plan; Minor Revisions; Final Site Plan. The Monroe County Planning Commission also recommended that the BOCC consider the following concerning the conceptual site plan: A bufferyard adjacent to Building E, additional residential green space,pocket parks, and architectural features on Buildings A l and A2; and z Monroe County Planning and Environmental Resources Department File No.2022-012. 2of5 Doc.#2500706 Page Number: 3 of 57 WHEREAS, Monroe County Planning and Environmental Resources Department professional staff have incorporated the revisions requested by the Monroe County Planning Commission to Subsection M., Approval of Conceptual Site Plan; Minor Revisions; Final Site Plan, into the proposed Development Agreement with professional staff-recommended edits as depicted in Exhibit 1 to this Resolution; and WHEREAS,based upon the information and documentation submitted,the BOCC enters the below findings of fact: 1. The subject property is located within the Suburban Commercial ("SC") Land Use District("LUD")category; and 2. The subject property is located within the Tavernier Creek to Mile Marker 97 U.S. Highway 1 Corridor District Overlay ("TC"); and 3. The subject property is located within the Tavernier Commercial Overlay District; and 4. The subject property is located within the Mixed Use/ Commercial ("MC") Future Land Use Map ("FLUM")category; and 5. A portion of the subject property is located within the "Tavernier Workforce Housing Subarea 1"; and 6. The subject property is within a Tier III district on the Monroe County Tier Overlay District Map; and 7. On December 19, 2024, a community meeting was held to discuss the proposed development agreement in accordance with Monroe County Land Development Code Section 110-3(b); and 8. On February 24, 2025, the proposed development agreement was reviewed by the DRC; and 9. On April 14,2025,the proposed development agreement was reviewed by the Planning Commission. WHEREAS,based upon the information and documentation submitted,the BOCC enters the below conclusions of law: 1. The subject request is consistent with the provisions and intent of the Monroe County Land Development Code; and 2. The subject request is consistent with the provisions and intent of the Monroe County Year 2030 Comprehensive Plan; and 3. The subject request is consistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; and 4. The Development Agreement,among other things,is intended to and shall constitute a development agreement among the parties pursuant to the Florida Local Government Development Agreement Act, Section 163.3223, et seq., Florida Statutes. 3 of 5 Doc.#2500706 Page Number: 4 of 57 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA: Section 1. Recitals. The foregoing title, recitals, findings of fact, and conclusions of law are true and correct and are hereby incorporated as if fully stated herein. Section 2. The entirety of the record of the public hearing to consider this request at the BOCC's special call April 28t`,2025,BOCC meeting is hereby fully incorporated as if fully stated herein. Section 3. In addition, the analysis, findings of fact, and conclusions of law in the Monroe County Planning and Environmental Resources Department ("Department") professional staff report accompanying this BOCC agenda item provided to the BOCC by Department Planning and Development Review Manager'Devin Tolpin, A.I.C.P.,4 C.F.M.,' and through Department Senior Director' Emily Schemper, A.I.C.P., C.F.M., are moreover adopted as the BOCC's own analysis, findings of fact, and conclusions of law, and the BOCC hereby incorporates said professional staff report as if fully set forth herein. Section 4. The record, including but not limited to the foregoing analysis,findings of fact,and conclusions of law, supports the Monroe County Board of County Commissioners' decision to APPROVE this request from Bart Smith of Smith Hawks P.L.on behalf of Blackstone Group Tavernier 925 L.L.C. and VC Tavernier LLC for BOCC approval of a Development Agreement,with professional staff-recommended edits, between this approving BOCC and Blackstone Group Tavernier 925 L.L.C. and VC Tavernier,LLC, incorporated herein as Exhibit 1. Section 5. To the extent of any internal or external conflicts, inconsistencies, and/or ambiguities, within this Resolution or between this Resolution and the Monroe County Code of Ordinances, Florida Building Code, Monroe County Land Development Code,Monroe County Comprehensive Plan,or any other approval of the Monroe County Board of County Commissioners, Monroe County Planning Commission, Monroe County Development Review Committee, Monroe County Planning&Environmental Resources Department,or other department or office of Monroe County, the more restrictive rule, regulation, law, provision, and/or text shall always apply. Section 6. Subject to Section 5. above,the interpretation of this Resolution and all provisions of the Monroe County Comprehensive Plan, Florida Building Code, Monroe County Codes, Florida Statutes, and floodplain management regulations whose interpretation arise(s) out of, relate to, or is/are interpreted in connection with this Resolution, shall be liberally construed and enforced in favor of Monroe County, and such interpretation shall be entitled to great weight in adversarial administrative proceedings,at trial, in bankruptcy, and on appeal. Section 7. This Resolution neither ratifies nor approves, nor shall be interpreted as ratifying or approving, any violation or violations of the Monroe County Code of Currently Department Senior Director. 'American Institute of Certified Planners(A.I.C.P.)Certification. s Association of State Floodplain Managers(A.S.F.M.)—Certified Floodplain Manager(C.F.M.). 'Now Growth Management Director. 4of5 Doc.#2500706 Page Number: 5 of 57 Ordinances, Monroe County Land Development Code, Monroe County Comprehensive Plan, floodplain management regulations, Florida Building Code, Florida Statutes,Florida Administrative Code,or any other law,rule,or regulation, whether Federal or of the State or of Monroe County, and shall not be construed as ratifying or approving of any such violation of law(s),rule(s), or regulation(s). Section 8. Approval of this Resolution shall not estop or waive, nor shall be construed as estopping or waiving,Monroe County's right to enforce, seek enforcement of,and require compliance with the Monroe County Codes, Monroe County Comprehensive Plan, floodplain management regulations, Florida Building Code, Florida Statutes,Florida Administrative Code,or any other law,rule,or regulation, whether at law or in equity. Section 9. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If any provision of this Resolution,or part or any portion thereof,is held to be invalid or unenforceable in or by any administrative hearing officer or court of competent jurisdiction, the invalidity or unenforceability-of such provision, or any part or portion thereof, shall neither limit nor impair the operation, enforceability, or validity of any other provision of this Resolution, or any remaining part(s) and/or portion(s) thereof. All other provisions of this Resolution, and remaining part(s) and/or portion(s)thereof, shall continue unimpaired in full force and effect. Section 10. Effectiveness.This Resolution shall take effect as provided by law. PASSED AND ADOPTED by the Monroe County Board of County Commissioners at a special call BOCC meeting held in Marathon,Florida,on April 28a',2025. Mayor James Scholl,District 3 Yes Mayor Pro Tent Michelle Lincoln,District 2 Yes Commissioner Craig Cates,District 1 No Commissioner David Rice, District 4 Yes Commissioner Holly Merrill Raschein,District 5 Yes BOARD OF COUNTY COMMISSIONERS OF M ROE COUNTY F O By: MAYOR JAMES SCHOLL 3 _n rn r- �ry3 VIN MADOK, CLERK �` o 00 S DEPUTY CLERK YON�R�OEgtlCEOON�Y7Aptt�pORNEY r A `�RY _ Date:��di;7MF 5 of 5 Doc.#2500706 Page Number: 6 of 57 DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT("Agreement") is entered into on this day of 2025, by and between the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ("BOCC", "Board", "Monroe County", or the "County"), and BLACKSTONE GROUP TAVERNIER 925, L.L.C., a Florida-registered limited liability company ("Blackstone"), its heirs, assigns, and successors-in-interest and VC TAVERNIER, LLC,a Florida-registered limited liability company("Vestcor"), its heirs,assigns,and successors- in-interest (Blackstone and Vestcor each hereinafter referred to individually in the singular as a "Parry" or together in the collective as the "Parties"), pursuant to Monroe County Land Development Code Sections 110-132-110-133 and Florida Statutes §§ 163.3220-3243 (2024), which Monroe County and the Parties mutually agree bind and control this Agreement as of and after the"Effective Date" set forth herein: WITNESSETH: Monroe County and the Parties hereto hereby agree as follows: I. RECITALS A. This Agreement involves the redevelopment of property located at 92501 Overseas Highway,Tavernier,Monroe County,Florida,currently having Parcel ID Numbers 00490250-000000 and 00089490-000000(the"Property"),the legal description of which is contained in Exhibit A. B. Monroe County and the Parties have the authority to enter into this Agreement pursuant to Florida Statutes §§ 163.3220-163.3243 (2024)1 and Monroe County Land Development Code Sections 110-132110-133. C. Monroe County and the Parties recognize that the public noticing and hearing procedures shall follow the requirements of Fla. Stat. § 163.3225 (2024) and Monroe County Land Development Code Sections 110-133(a)(3)—(4), which require public hearings before the Planning Commission and the Board of County Commissioners to consider approval of a Development Agreement. D. The Property, located at 92501 Overseas Highway,Tavernier,Florida,is generally described as follows: 1. Blackstone and Vestcor own, in fee simple, that certain real property located at 92501 Overseas Highway, Tavernier, Florida. A copy of the Warranty Deeds evidencing the Parties' ownership interest are attached hereto and incorporated herein as Exhibit A. 1 The"Florida Local Government Development Agreement Act."Fla. Stat.§ 163.3220(1)(2024). Page 1 of 28 Doc.#2500706 Page Number: 7 of 57 2. As of the date of this Agreement, the Property is assessed by the Monroe County Property Appraiser's Office as Parcel ID Numbers 00490250- 000000 and 00089490-000000 the boundaries of which are depicted on the submitted boundary surveys incorporated herein as Exhibits B and C. 3. The Monroe County Comprehensive Plan designates the Property as Mixed Use/Commercial ("MC")on its Future Land Use Map ("FLUM"). 4. The Monroe County Land Use District ("LUD") Map designates the Property as Suburban Commercial ("SC"). 5. The Monroe County Tier Overlay District Map designates the Property as Tier III(infill area). 6. The Property consists of 19.33 acres of gross area, consisting of 14.51 upland acres and 4.82 acres of mangroves. 7. The Property is required to receive a Nonresidential Rate of Growth Ordinance("NROGO")allocation for any new nonresidential floor area to be constructed on the Property and is required to receive a Rate of Growth Ordinance ("ROGO") allocation for any new dwelling units to be constructed on the Property. II. PURPOSE A. The overall purpose of this Agreement is to allow for the Property's redevelopment with a commercial retail use within a single, approximately 49,340 square foot structure, as shown in the conceptual site plan, an institutional office use for the non-profit AH Monroe, not to exceed 350 square feet, resulting in no more than a total of 49,900 square feet of nonresidential floor area in any event, and eighty-six (86) attached affordable workforce housing dwelling units pursuant to Monroe County Land Development Code Sections 130-93, 130-143, and Comprehensive Plan Goal 113, Objective 113.1, and Policy 113.1.1. B. This Agreement provides for the redevelopment of the Property utilizing,as part of its overall development,up to a forty-nine thousand and nine-hundred square foot (49,900 s.£)NROGO allocation from Monroe County,pursuant to Monroe County Land Development Code Section 130-143 and Chapter 138,Article III and eighty- six (86) workforce housing early evacuation building permit allocations,pursuant to Comprehensive Plan Goal 113, Objective 113.1, and Policy 113.1.1. III. AGREEMENT REQUIREMENTS A. Recitals.The foregoing recitals are true and correct and are hereby incorporated as if fully set forth herein. B. Legal Description and Ownership. The legal description of the Property is set forth in Exhibit A. Page 2 of 28 Doc.#2500706 Page Number: 8 of 57 C. Duration of Agreement. This Development Agreement shall remain in effect until either W) The expiration of ten (10) years from the "Effective Date" as defined herein; or (2.,) Issuance of the certificate of occupancy for both nonresidential structures and issuance of all certificates of occupancy for all of the eighty-six(86) affordable workforce housing dwelling units, whichever occurs sooner. This Agreement may be extended through an amendment to the Agreement and approval in compliance with the public hearing requirements of Fla. Stat. § 163.3225(2024) and Monroe County Land Development Code Section 110-133(a)(3)—(4). For the effective duration of this Agreement, the Parties agree that development applied for pursuant to this Agreement shall comply with and be controlled by this Agreement, the Monroe County Land Development Code ("LDC"), and the Monroe County Comprehensive Plan governing the development of the land in effect on the effective date of this Agreement. D. Permitted Uses. I. The Property is currently within the SC LUD and has a corresponding MC FLUM designation. 2. Per LDC Section 130-46: "The purpose of the SC district is to establish areas for commercial uses designed and intended primarily to serve the needs of the immediate planning area in which they are located. This district should be established at locations convenient and accessible to residential areas to reduce trips on U.S. l."- 3. In accordance with LDC Section 130-93(a),the following uses are permitted as of right in the Suburban Commercial district: (5)Institutional uses; 4. In accordance with LDC Section 130-93(c), "the following uses are permitted as major conditional uses in the Suburban Commercial district subject to the standards and procedures set forth in Chapter 110,Article III: (1)Commercial retail uses of low and medium intensity,and of greater than 10,000 square feet in floor area,provided that access to U.S. 1 is by way of: (a)an existing curb cut, (b)a signalized intersection; or (c) a curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet." 5. In accordance with LDC Section 130-93(c), "the following uses are permitted as major conditional uses in the Suburban Commercial district subject to the standards and procedures set forth in Chapter 110,Article III: Page 3 of 28 Doc.#2500706 Page Number: 9 of 57 (9) Attached and detached dwellings involving more than 18 units, designated as employee housing as provided for in LDC Section 139- 1." 6. Monroe County LDC Section 130-143 provides in pertinent part: (a) Purpose and Intent. The purpose of the Tavernier Commercial Overlay District is to implement applicable goals, objectives, and policies of the Comprehensive Plan and to allow larger-scale nonresidential development in a scarified area of the Upper Keys that primarily serves the needs of permanent residents of the Upper Keys. The intent is to provide accessible nonresidential uses to permanent residents of the Upper Keys, while maintaining the character of Tavernier. (b) Boundary. The Tavernier Commercial Overlay shall be shown as an overlay district on the Official Land Use District map. The Tavernier Commercial Overlay District shall be shown as the boundary of the parcels with Monroe County Parcel ID numbers 00490250-000000 and 00089490- 000000, and depicted in the map below: Fr TT TfTMTT F Key Largo _• Approx.MM 92.5 - _ . rTT Ti....: MITI r - 1 - -.TE 00089490-000000 "'x 4 /r 00490250-OD0000 Xl ' mmi (c) Applicability. Development within the Tavernier Commercial Overlay District shall be subject to the following standards: 1. An amendment to the Official Land Use District Map is required and such overlay shall be shown on the Official Land Use District Map. Page 4 of 28 Doc.#2500706 Page Number: 10 of 57 2. The development of a single nonresidential structure that contains more than 10,000 square feet within the Overlay District shall be subject to the terms and conditions of an approved Development Agreement as defined in sections 110-132, 110-133, and must include: a. Provisions for the development of 86 workforce housing dwelling units on site. The distribution of said workforce housing units (low, median and moderate) provided on site shall be memorialized and provided for in the Development Agreement; and b. Preferred leasing standards for essential workers of the workforce units; and c. An approved site plan that includes the following in addition to all site requirements in accordance with the Land Development Code: i. A pedestrian walkway connecting the nonresidential parking area to the right of way known as Orange Blossom Road. Required lighting for the pedestrian walkway must be in compliance with Chapter 114, Article VI. ii. If outdoor lighting is proposed,in addition to all requirements of Chapter 114, Article VI, such lighting shall be designed and located such that the maximum illumination measured in footcandles at any exterior property line adjacent to residential uses,not included in this overlay,shall not exceed zero (1) for cutoff and noncutoff lights, with the exception of the pedestrian walkway or any lighting required for life safety, as provided by Monroe County. d. A traffic safety analysis completed as part of the required Traffic Study. 3. All property lines adjacent to U.S. 1 shall provide a Class E Scenic Corridor Buffer. 4. All development shall be permitted in accordance with the permitted and conditional use requirements of Chapter 130, Article III,Permitted and Conditional Uses. Page 5 of 28 Doc.#2500706 Page Number: 11 of 57 5. Industrial uses are not permitted within the Overlay. Notwithstanding the preceding sentence, industrial uses determined to be lawfully nonconforming existing uses within the Overlay are permitted to remain, and operate, until such time as a building permit is issued for the nonresidential structure of more than 10,000 square feet. (d) Maximum Development Potential. 1. There shall be no allocated or maximum net density standards available for residential market-rate or transient dwelling units. 2. The Tavernier Commercial Overlay District shall be limited to a maximum total development potential of: a. 49,900 square feet of nonresidential floor area; and b. Eighty-six (86) deed restricted workforce housing dwelling units; and c. Accessory uses and structures (e)NROGO Allocations. Notwithstanding Section 138-51,the Tavernier Commercial Overlay District shall have the following NROGO allocation standards provided that the criteria set forth in subsections (f),(g) and(h) are satisfied: 1. Maximum allocation of nonresidential floor area. The amount of nonresidential floor area to be allocated or transferred to the Tavernier Commercial Overlay District shall be limited to a maximum of 49,900 square feet. 2. Maximum floor area per structure. A single nonresidential principal structure within the Tavernier Commercial Overlay District shall be permitted to receive an allocation that expands the structure to more than 10,000 square feet, but not to exceed a maximum of 49,900 square feet of nonresidential floor area. (f) No building permit shall be issued for a structure receiving an NROGO Allocation or transfer that would expand a nonresidential structure within the Overlay to more than 10,000 square feet unless and until building permits for all 86 workforce housing units have been issued. (g) All new residential units developed within the Overlay shall be subject to the ROGO permit allocation system or transfer of ROGO exemptions of existing lawfully established permanent market rate affordable dwelling units that have less than five years remaining on the required deed restriction pursuant to Section 138-22(b)(4)(b). (h) Prior to the issuance of a Certificate of Occupancy for a nonresidential structure that is more than 10,000 square feet: Page 6 of 28 Doc.#2500706 Page Number: 12 of 57 1. At least 50% (43) of the required 86 workforce housing units must have received a Temporary Certificate of Occupancy; and 2. All required 86 workforce housing units must have received approved foundation inspections. (i) All other provisions of the Comprehensive Plan,Tavernier Livable Communikeys Plan,the Tavernier Creek to Mile Marker 97 US Highway Corridor Development Standards and Guidelines and the Land Development Code apply unless expressly exempted herein. 8. The Monroe County Year 2030 Comprehensive Plan has been amended so as to establish Goal 113, Objective 113.1, and Policy 113.1.1,which established the"Tavernier Workforce Housing Subarea 1". 9. Monroe County Year 2030 Comprehensive Plan Goal 113, Objective 113.1, and Policy 113.1.1 provides, in pertinent part: GOAL 113 Monroe County shall manage future growth to enhance the quality of life and safety of County residents and to prioritize the provision of workforce housing that is safe,code compliant,and resilient. To incentivize the supply and address the inadequate availability of workforce housing near Upper Keys employment centers,the County shall provide for the development of site-specific land use mechanisms,and the allocation of workforce housing early evacuation building permit allocations pursuant to the Workforce-Affordable Housing Initiative from Monroe County. OBJECTIVE 113.1 Monroe County shall create site-specific subareas located in Tavernier which permit the allocation of workforce housing early evacuation building permit allocations pursuant to the Workforce-Affordable Housing Initiative to facilitate the development of workforce housing in suitable areas located in close proximity to Upper Keys employment centers (Islamorada, Tavernier, and Key Largo). All site-specific subareas located in Tavernier shall require a Policy defining the development restrictions and allowances for the subarea. POLICY 113.1.1 TAVERNIER WORKFORCE HOUSING SUBAREA 1 The purpose of the Tavernier Workforce Housing Subarea 1 is to implement applicable goals, objectives, and policies of the Comprehensive Plan to promote and facilitate development of workforce housing to meet the needs of the Upper Keys and Monroe County. 1. Boundary. The Tavernier Workforce Housing Subarea 1 shall consist of a portion of property having Parcel Identification Number Page 7 of 28 Doc.#2500706 Page Number: 13 of 57 00089490-000000, as legally described and depicted on the map below: A portion of Lot 6, MacDonald's Plat lying Easterly of the Easterly right of way line of Old State Road 4-A,and Recorded in Plat Book 1, at Page 64 of the Public Records of Monroe County,Florida. n T PNCEL , mh � 'r • toy J ; 2. Rate of Growth Ordinance Allocations. a. Notwithstanding Comprehensive Plan Policies 101.3.12(a) and 101.3.12(k) and LDC Sections 138-24(e)(2)(a)and 138-24(e)(2)(k), the Tavernier Workforce Housing Subarea 1 shall be eligible to receive up to eighty-six(86)ROGO allocations by means of: i. Award of workforce housing early evacuation building permit allocations from Monroe County pursuant to the Workforce- Affordable Housing Initiative, reserved by means of a BOCC resolution. The BOCC may, at its discretion, place conditions on the reservation. ii. Dwelling units that are constructed and/or deed restricted with workforce housing early evacuation building permit allocations are required to evacuate in Phase 1 of the 48-hr evacuation of a pending major hurricane, pursuant to Policies 101.3.2, 101.3.3 and 101.3.12. E. All workforce housing early evacuation units shall be restricted to rental occupancy for those who derive at least 70% of their income as members of the workforce in Monroe County and who meet the affordable housing income categories of the Monroe County Land Development Code. F. Public Facilities. Based on a preliminary concurrency review, all public facilities identified below are available as of the date of this Agreement, and capacity for each is Page 8 of 28 Doc.#2500706 Page Number: 14 of 57 projected to be available concurrent with the impacts of development. A final concurrency review and approval shall be required as part of the building permit approval process. 1. The Florida Keys Aqueduct Authority ("FKAA") provides domestic potable water to the Property. The FKAA will provide sufficient meters for the proposed development. In addition, the FKAA will meter accessory development accordingly. 2. Florida Keys Electric Cooperative ("FKEC") provides electric service to the Property. FKEC will provide sufficient meters required for the proposed development. In addition, FKEC will meter accessory development accordingly. 3. Solid waste service is provided to the Property by a solid waste collection system franchised by Monroe County. 4. The Property is required to be connected to central sewer via Key Largo Wastewater Treatment District("KLWTD"). 5. Based on the Level III traffic study performed and preliminary traffic concurrency review, the proposed development is projected to generate 2,184 daily trips on Segment 22,which currently has a remaining capacity of 12,500 trips. However, the proposed development is projected to generate 1,638 daily trips on Segment 21, which exceeds the remaining capacity of Segment 21 (Plantation). The proposed development is currently within 5% below Level of Service ("LOS") C. In order to be in compliance with Monroe County Comprehensive Plan Policies 301.1.1, 301.1.2, 301.2.2,301.2.3 and 301.2.4 as well as LDC Sections 114- 2(a)(1)a, b, and c., mitigation or sufficient evidence acceptable to Monroe County that the potential trip generation does not exceed LOS C, must be provided prior to issuance of a building permit for the proposed development. Mitigation may be in the form of specific improvements or proportioned shared contribution towards improvements and strategies identified by the County and/or FDOT to address any level of service degradation beyond LOS C and/or deficiencies. The applicant shall submit evidence of an agreement between the applicant and the FDOT for inclusion in any contract or agreement for improvements to US 1. For roadway improvements required, the applicant/owner may utilize the following,pursuant to LDC Section 114-2(b)(5)(c)(3): a. The necessary facilities and services are in place at the time a development permit is issued; or b. The necessary facilities and services are in place at the time a certificate of occupancy, or its functional equivalent is issued. Prior to commencement of construction,the applicant shall enter Page 9 of 28 Doc.#2500706 Page Number: 15 of 57 into a binding and legally enforceable commitment to the County to assure construction or improvement of the facility; or c.A binding executed contract in place at the time a permit is issued which provides for the commencement of the actual construction of the required facilities or provision of services,or d. An enforceable development agreement guaranteeing that the necessary facilities and services will be in place with the issuance of a permit.An enforceable development agreement may include but is not limited to,development agreements pursuant to section 163.3220, F.F., or an agreement or development order issuance pursuant to Chapter 380, F.S., or e.A proportionate share contribution that is sufficient to accomplish one or more mobility improvement(s) that will benefit a regionally significant transportation facility. A proposed proportionate fair share mitigation shall be reviewed pursuant to LDC Section 126-2. 6. The Parties hereby acknowledge and agree that any traffic level of service conditions described in this Agreement are preliminary, and only represents a conditional concurrency determination. A final concurrency review shall be completed during building permit review to ensure adequate roadway capacity is confirmed and the adopted level of service is maintained. Based on the preliminary traffic concurrency review, IF the mitigation proposed below is implemented, the proposed development is currently in compliance with Monroe County Comprehensive Plan Policies 301.1.1,301.1.2,301.2.2,301.2.3 and 301.2.4 as well as LDC Sections 114-2(a)(1)a., b., and c. The proposed mitigation includes the following: A monetary payment in the amount of $177,295.80, which constitutes the amount equal to the mitigation of the impact of sixteen (16) daily trips, as provided in the mitigation analysis incorporated as Exhibit D. Any future changes to the approved use of the development (redevelopment), as described herein, shall require County approval, and shall require additional traffic concurrency review at the time of approval pursuant to Comprehensive Plan Policy 301.1.1. G. Reservation or Dedication of Land. There is no reservation or dedication of land for any public purpose contemplated by this Agreement. Page 10 of 28 Doc.#2500706 Page Number: 16 of 57 H. Development Allowed. The following specific criteria are those which will guide the subject redevelopment of the Property with a 49,340 square foot commercial retail use within a single structure, as shown on the conceptual site plan, an institutional office use for the non-profit AH Monroe or similar institutional use, not to exceed 350 square feet, and in no event will the combination thereof exceed 49,900 square feet of nonresidential floor area, and eighty-six (86) attached affordable workforce housing dwelling units, including associated accessory structures and uses, and are the standards by which any further approvals shall be measured and shall be as follows: 1. Provided such development can be designed and approved by all applicable Codes, including but not limited to the Monroe County Comprehensive Plan, Monroe County Land Development Code, Monroe County Code of Ordinances, and the Florida Building Code, the Parties are authorized to redevelop and operate the Property consisting of the following development: a. Eighty-six (86) attached, deed restricted affordable workforce housing dwelling units, designated as employee housing; and b. A single commercial retail structure with approximately 49,340 but not to exceed 49,550 square feet of nonresidential floor area,based on the conceptual site plan included as Exhibit F; and C. An institutional office use for the local non-profit, AH Monroe, as detailed in the Memorandum of Understanding incorporated as Exhibit E, or similar institutional office use, not to exceed 350 square feet of nonresidential floor area; and d. Accessory uses and structures provided they meet the definition of accessory uses and structures as set forth in Land Development Code Section 101-1; and 2. The Property is determined to have the following density and intensity: a. Monroe County and the Parties agree to limit the maximum residential density on the Property to eighty-six (86) affordable workforce housing dwelling units; and b. Monroe County and the Parties agree to limit the maximum nonresidential intensity on the Property to forty-nine thousand and nine-hundred square feet (49,900 s.£) of nonresidential floor area, and C. This maximum development potential of 86 affordable workforce housing dwelling units and 49,900 square feet of nonresidential floor area shall be considered one hundred percent (100%) of the cumulative development potential of the Property. Page 11 of 28 Doc.#2500706 Page Number: 17 of 57 3. Pre-Leasing and Leasing of Workforce Housing Dwelling Units. a. Pursuant to LDC Section 130-143, Monroe County and the Parties agree that the following pre-leasing and leasing standards of the workforce housing dwelling units shall apply: i. At least thirty(30)days prior to the workforce dwelling units being made available for lease to the general public, essential workers located within Monroe County shall have a first right and opportunity to lease a dwelling unit. ii. After construction and the initial leasing of the workforce housing dwelling units, if any dwelling unit becomes available, essential workers who qualify under the Monroe County affordable workforce housing requirements shall be given preference to lease the available dwelling unit. For the avoidance of doubt, this provision shall be interpreted such that where multiple applicants apply for a workforce housing dwelling unit and one of the applicants is an essential worker,the essential worker shall be selected over the other applicants_ iii. For the purpose of this Agreement, essential workers are those employees that are considered to be essential to the workforce of Monroe County and include but are not limited to those who work in the following professional fields: Government including but not limited to the Monroe County Board of County Commissioners ("BOCC"), Monroe County School District(School Board),the Monroe County Sheriff's Office, healthcare personnel, first responders such as firefighters, emergency medical technicians (EMTs), and paramedics, and Florida Fish and Wildlife Conservation Commission("FWC") employees. 4. Rate of Growth Ordinance Allocations. a. The Parties agree that in accordance with Comprehensive Plan Policy 113.1.1,the Property shall be eligible to receive up to eighty- six(86)ROGO allocations by means of: i. Award of workforce housing early evacuation building permit allocations from Monroe County pursuant to the Department of Economic Opportunity's Keys Workforce- Affordable Housing Initiative (Workforce Initiative), approved by the Administration Commission on June 13, 2018,reserved by means of a BOCC resolution. The BOCC may, at its discretion,place conditions on the reservation. 5. Nonresidential Rate of Growth Ordinance. Page 12 of 28 Doc.#2500706 Page Number: 18 of 57 a. The Parties agree that all required NROGO allocations will be allocated to the Property by means of: i. Award, from the Monroe County NROGO bank to the Property, of an allocation of up to forty-nine thousand nine hundred square feet(49,900 s.f.)of nonresidential floor area, in accordance with Monroe County Land Development Code Sections 130-143 and 138-52(o). I. Height.The height of any new residential structure on the Property shall not exceed 38 feet. The height of the residential structures identified as Buildings "Al" and "A2," as shown on the Site Plan, shall be measured from a grade elevation of 8.9 feet NGVD. The height of the residential structures identified as Buildings `B," "C," "D," "E," and the"Clubhouse," as shown on the Site Plan, shall be measured from a grade elevation of 7.5 feet NGVD. The height of any new nonresidential structure on the Property shall not exceed 35 feet, except as allowed by Section 131-2 of the LDC. The height of the nonresidential structure, as shown on the Site Plan, shall be measured from a grade elevation of 8.9 feet NGVD. J. Deed Restrictions for Affordable Housing.The Property shall have a single deed- restriction for the affordable workforce housing units, which shall be subject to approval by the Monroe County Attorney's Office, and shall be recorded on the Property at the Parties' expense, that demonstrates compliance with the requirements of said Keys Workforce Housing Initiative as adopted and implemented by the County. The income categories for the 86 units shall consist of forty-nine (49) moderate-income units and thirty-seven (37) low-income units. If fewer than eighty-six(86)units are built and completed on site,the distribution of income categories shall be 57%moderate income and 43%low income. K. Workforce Housing Initiative Compliance. As provided in Comprehensive Plan Policy 101.3.12 and Land Development Code Section 138-24(e): (b) The construction of dwelling units,the redevelopment or the deed restriction of existing dwelling units utilizing workforce housing early evacuation unit allocations shall require approval of a resolution approving a contract between the BOCC and the applicant to officially exchange the allocations and confirm compliance with the requirements workforce initiative. (c) All workforce housing early evacuation units require a deed-restriction ensuring: (1) Before any building permit may be issued for any structure, portion or phase of a project subject to the Workforce Initiative, a restrictive covenant shall be approved by the Planning Director and County Attorney and recorded in the Office of the Clerk of the County to ensure Page 13 of 28 Doc.#2500706 Page Number: 19 of 57 compliance with the provision of this section running in favor of the County and enforceable by the County and, if applicable, a participating municipality. The following requirements shall apply to these restrictive covenants: a. The covenants for any workforce housing early evacuation units shall be effective for 99 years. b. The covenants shall not commence running until a certificate of occupancy has been issued by the Building Official for the dwelling unit or dwelling units to which the covenant or covenants apply. C. For existing dwelling units that are deed-restricted as workforce housing early evacuation units, the covenants shall commence running upon recordation in the Official Records of Monroe County. (2) The covenants shall require that the workforce housing early evacuation units to be restricted to rental occupancy for those who derive at least 70% of their income as members of the workforce in Monroe County and who meet the affordable housing income categories of the Monroe County Land Development Code. The occupants are required to annually verify their employment and income eligibility. (3) The covenants shall require occupants to evacuate in Phase 1 of the 48-hr evacuation of a pending major hurricane. Persons living in the workforce housing early evacuation units who may be exempted from evacuation requirements are limited to law enforcement, correctional and fire personnel, health care personnel, and public employees with emergency management responsibilities. If there is an occupant that indicates their employment is considered a'first-responder position' and not included in the list of exemptions above, then the Planning Director shall determine, in writing,whether the person may be exempted because of a requirement to remain during an emergency. Any person claiming exemption under this provision shall submit of an affidavit of qualification and faithfully certify their status with the onsite property management. (4) The covenants shall require rental agreements which contain a separate disclosure requiring rental occupants to acknowledge the existing restrictive covenant on the unit requiring evacuation in Phase 1 of the 48- hr evacuation and that failure to adhere to the Phase 1 evacuation requirement could result in severe penalties, including eviction, to the occupant. (5) The covenants shall require onsite property managers and a separate employment disclosure requiring the maintenance of training in evacuation procedures and an acknowledgement that failure to adhere to Page 14 of 28 Doc.#2500706 Page Number: 20 of 57 the Phase 1 evacuation requirement could result in severe penalties, including termination. (d) Workforce housing early evacuation units shall be restricted to rental occupancy for those who derive at least 70% of their income as members of the workforce in Monroe County and who meet the affordable housing income categories of the Monroe County Land Development Code. Workforce means individuals or families who are gainfully employed supplying goods and/or services to Monroe County residents or visitors. (e) Workforce housing early evacuation units shall require onsite property management with property managers trained in evacuation procedures and required to manage the evacuation of tenants in Phase I of an evacuation. During traditional working hours, the property manager must be at an office within the workforce housing early evacuation unit development subject property. Outside the traditional working hours, the property manager must be available at all times to respond to evacuation orders. (f) The property management entity for the workforce housing early evacuation units shall be required to annually verify the employment and income eligibility of tenants; report the total units on the site, the occupancy rates of units, and tenant compliance with the requirement to evacuate the units in Phase I of an evacuation, including the number of occupants that are exempt from the evacuation requirements. The property management entity must submit a report to the Planning and Environmental Resources Department by May 1 of each year. Further, each lease and this annual report shall be kept by the property manager and be available for inspection by the County during traditional working hours. (g) Workforce housing early evacuation units shall be located within an area designated as Tier III. (h) Workforce housing early evacuation units shall not be located in the V-Zone or within a Coastal Barrier Resource System(CBRS). (i) Workforce housing early evacuation units shall be located on a property which has all infrastructure available (potable water, adequate wastewater treatment and disposal wastewater meeting adopted LOS,paved roads,etc.). (j) All workforce housing early evacuation units must demonstrate compliance with all applicable federal standards for accessibility for persons with disabilities (ADA Compliance). Page 15 of 28 Doc.#2500706 Page Number: 21 of 57 L. Affordability Compliance. a. Affordable Housing Definitions. i. Affordable housing means residential dwelling units that meet the following requirements: a. Meet all applicable requirements of the United States Department of Housing and Urban Development minimum property standards as to room sizes, fixtures, landscaping and building materials, when not in conflict with applicable laws of the county; and b. A dwelling unit whose monthly rent, not including utilities,does not exceed 30 percent of that amount which represents either 50 percent (very low income) or 80 percent(low income) or 100 percent(median income)or 120 percent (moderate income) of the monthly median adjusted household income for the county. vii.Affordable rental housing, low income, means a dwelling unit whose monthly rent, not including utilities, does not exceed 30 percent of the amount that represents 80 percent of the monthly median adjusted household income for the county. viii. Affordable rental housing, median income, means a dwelling unit whose monthly rent,not including utilities, does not exceed 30 percent of the amount that represents 100 percent of the monthly adjusted median household income for the county. ix. Affordable rental housing, moderate income, means a dwelling unit whose monthly rent,not including utilities, does not exceed 30 percent of the amount that represents 120 percent of the monthly median adjusted household income for the county. x. Affordable rental housing, very low income, means a rental dwelling unit whose monthly rent, not including utilities, does not exceed 30 percent of the amount that represents 50 percent of the monthly median adjusted household income for the county. xi. Employee housing means an attached or detached dwelling unit that is intended to serve as affordable, permanent housing for working households, which derive at least 70 percent of their Page 16 of 28 Doc.#2500706 Page Number: 22 of 57 household income from gainful employment in the county and meet the requirements for affordable housing as defined in this section and as per section 130-161. xiv. Median income, rental rates and qualifying incomes table, means eligibility requirements compiled each year by the planning department based upon the median annual household income published for the county on an annual basis by the U.S. Department of Housing and Urban Development and similar information for median and moderate income levels from the Florida Housing Finance Corporation. Affordable housing eligibility requirements for each household will be based upon median annual household income adjusted by family size,as set forth by the U.S. Department of Housing and Urban Development and the Florida Housing Finance Corporation. The county shall rely upon this information to determine maximum rental rates and maximum household incomes eligible for affordable housing rental or purchase. xv. Monthly median household income means the median annual household income for the county divided by 12. xvi. Workforce means individuals or families who are gainfully employed supplying goods and/or services to Monroe County residents or visitors. xvii. Workforce housing means dwelling units for those who derive at least 70 percent of their income as members of the Workforce in Monroe County and who meet the affordable housing income categories of the Monroe County Code. Workforce housing shall be interchangeable with the terms detached or attached dwellings, employee housing or commercial apartments included in the land use districts and shall be a permitted use in all land use districts where detached dwelling, attached dwellings, employee housing or commercial apartments are included as a current permitted use. An applicant choosing to develop workforce housing is subject to the requirements of Chapter 139 and all other requirements included in the land Page 17 of 28 Doc.#2500706 Page Number: 23 of 57 development code, including but not limited to, density, parking,bufferyards,access, etc. b. Requirements. i Tourist housing use or vacation rental use of affordable or employee housing units is prohibited. ii. The parcel of land proposed for development of affordable or employee housing shall only be located within a tier III designated area or, within a tier III-A (special protection area) designated area that does not propose the clearing of any portion of an upland native habitat patch of one acre or greater in area. iii. During occupancy of any affordable housing rental unit,not otherwise limited by state or federal statute or rule concerning household income, a household's annual income may increase to an amount not to exceed 140 percent of the median household income for the county. If the income of the lessee exceeds this amount,the tenant's occupancy shall terminate at the end of the existing lease term. The maximum lease for any term shall be three years or 36 months. M. Approval of Conceptual Site Plan; Minor Revisions; Final Site Plan. The conceptual development authorized by this Agreement is depicted on the Conceptual Site Plan prepared by Perez Engineering & Development, Inc. (the "Conceptual Site Plan"), attached hereto as Exhibit F. However, the effective site plan of record governing the development agreement shall be the site plan of record that is approved as part of the development order approving the major conditional use permit. N. Required Approvals. The following is a list of development approvals and permits required for the redevelopment of the Property, as specified in this Agreement: a. A Land Development Code text amendment establishing Section 130-143, "Tavernier Commercial Overlay"; and b. A Land Use District ("LUD") Map amendment to apply the Tavernier Commercial Overlay to the Property; and C. A Comprehensive Plan text amendment establishing Goal 113, Objective 113-1,and Policy 113-1.1,"Tavernier Workforce Housing Subarea"; and d. A Major Conditional Use Permit for the development contemplated herein; and Page 18 of 28 Doc.#2500706 Page Number: 24 of 57 e. A Variance granted by the Planning Commission to access standards in Chapter 114,Article VII of the Land Development Code; and f. An NROGO Allocation Award for all new nonresidential floor area in accordance with Land Development Code Sections 130-143 and 138-48; and g. A reservation of eighty-six (86) workforce housing early evacuation unit allocations via BOCC resolution in accordance with Monroe County Comprehensive Plan Policy 113.1.1; and h. An Alcoholic Beverage Special Use Permit if alcoholic beverages are to be sold upon the premises; and i. Building permits shall be required for the development contemplated herein. The development shall be consistent with all applicable Codes, including but not limited to the Monroe County Comprehensive Plan, Monroe County Land Development Code, Monroe County Code of Ordinances,and Florida Building Code; and j. All permits, if any, required from and approved by Federal and/or State agencies for the lawful permitted filling of the manmade weir pit located on the Property, in addition to building permit approval required for the lawful permitted filling of the manmade weir pit located on the Property; and k. All other necessary development approvals that are required under applicable law and under and pursuant to the Monroe County Land Development Code, Code of Ordinances, Comprehensive Plan, and Florida Building Code. O. Consistency. The development allowed under this Agreement is consistent with the Monroe County Comprehensive Plan and Land Development Code. P. Breach,Amendment,Enforcement, and Termination. 1. Material Breach. A material breach is the failure of any signatory party to comply with the terms of this Agreement after Notice has been provided in conformity with this Agreement. 2. Notice. Upon any signatory party's material breach of the term(s) and/or condition(s) of this Agreement,the non-breaching signatory parry shall serve written notice and shall provide the opportunity,within ninety(90) days,to propose a method of fulfilling the Agreement's terms and conditions or curing the breach. All signatory party(ies)shall be provided an additional ninety (90) days (measured from the date of service of written notice)to cure the material breach or to negotiate an amendment to this Agreement within a reasonable time, as mutually agreed to by the signatory parties. Page 19 of 28 Doc.#2500706 Page Number: 25 of 57 3. Amendment or Termination. The signatory parties shall at all times adhere to the terms and conditions of this Agreement. Amendment, modification, termination, extension, or revocation of this Agreement shall be made in accordance with the notice and process requirements of this Agreement. a. 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 signatory parties. b. Amendment,modification,extension,or termination shall require at least two (2)public hearings. The hearings shall be held pursuant to an application filed with Monroe County by the Party seeking to amend,modify,extend,or terminate this Agreement,along with the requisite filing fee(s). Notice of public hearing(s) shall be in accordance with the Monroe County Land Development Code and materially relevant Florida Statutes. C. Upon termination or expiration of this Agreement, the Property shall be subject to the laws, regulations, and rules of, including but not limited to, the Florida Building Code, Monroe County Code of Ordinances,Monroe County Land Development Code,and Monroe County Comprehensive Plan. 4. Enforcement. a. After notice and an opportunity to respond and/or cure the material breach as provided for below, Monroe County may utilize appropriate remedies,including but not limited to code enforcement remedies,to cure any breach after notice and an opportunity to cure has been provided in conformity with this Agreement. b. An "aggrieved or adversely affected party", as defined in Section 163.3215(2), Florida Statutes, may file an action for declaratory, injunctive, or other relief in the Circuit Court of the Sixteenth Judicial Circuit,under Section 163.3215,Florida Statutes,to initiate and/or maintain a de novo action to challenge any decision granting or denying an application for, or to prevent such local government from taking any action on, a development order, as defined in Section 163.3164, Florida Statutes, on the basis that the development order materially alters the use or density or intensity of use on the Property, rendering it not consistent with the Comprehensive Plan. As prescribed by Section 163.3215(3), Florida Statutes, such a de novo action must be filed no later than thirty(30)days following rendition of a development order or other written decision,or when all local administrative appeals,if any,are exhausted, whichever occurs later. The signatory parties, their successors, or assigns, or any "aggrieved or adversely affected Page 20 of 28 Doc.#2500706 Page Number: 26 of 57 party" as defined in Section 163.3215(2),Florida Statutes, may file an action for injunctive relief in the Circuit Court of the Sixteenth Judicial Circuit,under Florida Statutes Section 163.3215,to enforce the terms of this Agreement and/or to challenge compliance with the provisions of Section 163.3243, Florida Statutes. Such remedy is cumulative to any other remedy or remedies available under general or local law. C. Nothing contained herein shall limit any other laws,powers,rights, or remedies that the County or the Parties have,or may have in the future,to enforce this Agreement. 5. Non-Reliance by Third-Parties.No person or entity shall be entitled to rely upon the term(s) or provision(s)to enforce or attempt to enforce any third- parry claim(s) or entitlement(s)to any service(s), term(s), provision(s), or program(s)memorialized or contemplated hereunder. Q. State and Federal Law. If State and/or Federal laws in a materially relevant way preclude the signatory parties' compliance with this Agreement, this Agreement shall be modified to the extent necessary to ensure compliance with the materially relevant State and/or Federal laws R. Compliance with Other Laws. The failure of this Agreement to address a particular permit, condition, term, or restriction shall not relieve the signatory parties of the necessity of complying with the laws governing said permitting requirements, conditions,terms, or restrictions. S. No Development Order or Development Permit.This Agreement is not and shall not be construed under general or local law to constitute a "Development Order" or a "Development Permif' or like authorization to commence development, nor shall it relieve the Parties of the obligations to obtain necessary development approvals that are required under applicable law under and pursuant to the Monroe County Land Development Code and Comprehensive Plan and this Agreement. T. Good Faith; Further Assurances; No Cost. The signatory parties to this Agreement have negotiated in good faith. It is the intent and agreement of the signatory parties that they shall cooperate with each other in good faith to effectuate the purposes and intent of,and to satisfy their obligations under,this Agreement in order to secure to themselves the mutual benefits created under this Agreement. The signatory parties agree to execute such further documents as may be reasonably necessary to effectuate the provisions of this Agreement; provided that the foregoing shall in no way be deemed to inhibit, restrict, or require the exercise of Monroe County's police power or actions of Monroe County when acting in a quasi-judicial or quasi-legislative capacity. Wherever in this Agreement a provision requires cooperation,good faith, or similar effort to be undertaken at no cost to a parry, the party co-operating, reviewing, or undertaking the effort shall, nonetheless, bear its cost of attendance at meetings, hearings or proceedings and comment and/or execution of documents, inclusive of the expense of its counsel. Page 21 of 28 Doc.#2500706 Page Number: 27 of 57 U. Successors and Assigns. This Agreement shall constitute a covenant running with the land,which shall be binding upon the Parties,their successors in interest,heirs, assigns, and personal representatives. V. Joint Preparation. This Agreement has been drafted with the participation of Monroe County, Blackstone and Vestcor, and their counsel and shall not be construed against any party on account of draftsmanship. The captions of each article,section and subsection contained in this Agreement are for ease of reference only and shall not affect the interpretive meaning of this Agreement. Whenever the term"included"is used in this Agreement,it shall mean that the included items, or terms are included without limitation as to any other items or terms,which may fall within the listed category. W. 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: La,2 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 with proof of receipt. Notice shall be deemed effective upon receipt. For purposes of notice, demand,request, or replies: The address of Monroe County shall be: Monroe County Administrator 1100 Simonton Street Room 2-205 Key West,Florida 33040 with copies to: Robert B. Shillinger Jr. Monroe County Attorney Monroe County Attorney's Office 1111 12t' St., Suite 408 Key West, FL 33040 and Senior Director Monroe County Planning and Environmental Resources Department 2798 Overseas Highway, Suite 400 Marathon,FL 33050 The address of Blackstone, a Florida-registered limited liability company, shall be: Blackstone Group Tavernier 925,L.L.C. One Lawrence Square Springfield, IL 62704 Page 22 of 28 Doc.#2500706 Page Number: 28 of 57 with a copy to: Smith Hawks,PL 138 Simonton Street Key West,FL 33040 The address of VC Tavernier,LLC, a Florida-registered limited liability company, shall be: VC Tavernier, LLC 1649 Atlantic Blvd Jacksonville,FL 32207 with a copy to: Smith Hawks,PL 138 Simonton Street Key West,FL 33040 It is the responsibility of the signatory parties to notify all signatory parties of change in name or address for proper notice. X. Force Majeure. Any prevention,delay or stoppage due to strikes, lockouts, labor disputes,acts of God,inability to obtain labor or materials or reasonable substitutes therefore,riot, civil commotion, fire or other casualty and other causes beyond the reasonable control of the parry obligated to perform, excluding the financial inability of such party to perform and excluding delays resulting from appeals or rehearing, shall excuse the performance by such party for a period equal to any such period of prevention, delay or stoppage. In order to avail itself of this force majeure provision, the signatory party invoking the same shall provide the other party with a written notice that shall consist of a recitation of all events that constitute force majeure events under this Section,together with the beginning and ending dates of such events. Y. Construction. I. This Agreement shall be construed in accordance and with the laws of Monroe County and the State of Florida. The signatory parties to this Agreement have participated fully in the negotiation and preparation hereof, and, accordingly, this Agreement shall not be more strictly construed against any one of the Parties hereto. 2. In construing this Agreement, the use of any gender shall include every other and all genders,and captions and section and paragraph headings shall be disregarded. 3. All of the exhibits attached to this Agreement are incorporated fully, and made a part of,this Agreement. Page 23 of 28 Doc.#2500706 Page Number: 29 of 57 Z. Omissions_ The signatory parties recognize and agree that the failure of this Agreement to address a particular permit, condition, terms, or restriction shall not relieve either signatory party of the necessity of complying with the law(s) governing said permitting requirement(s), condition(s), term(s), or restriction(s) notwithstanding any such omission. AA. Governing LawsNenue. The signatory parties agree that any and all suits or actions at law shall be brought in the Sixteenth Judicial Circuit for Monroe County, Florida, and no other jurisdiction. This Agreement shall be construed and interpreted under the laws of Monroe County and the State of Florida. The signatory parties waive their right(s)to a jury trial.In the event of any suit,action, or proceeding, in law or in equity, between the signatory parties to enforce a provision, term, law, rule, or regulation contained or referenced herein, the signatory parties waive any and all right to seek or obtain attorney's fees,damages, or costs against one another. BB. Mediation. Mediation proceedings initiated and/or conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. This Agreement is not subject to arbitration. CC. Entire Agreement. This Agreement, together with the documents referenced herein, constitute the entire Agreement and understanding among the signatory parties with respect to the subject matter hereof,and there are no other agreements, representations, or warranties other than as set forth herein. This Agreement may not be changed, altered, or modified except by an instrument in writing signed by the signatory party against whom enforcement of such change would be sought and subject to the requirements for the amendment of development agreements in the Monroe County Code(s), Comprehensive Plan, and Florida Local Government Development Agreement Act. DD. Counterparts. This Agreement may be executed in one or more counterparts,and by the different Parties hereto in separate counterparts, each of which when executed shall be deemed to be an original but all of which taken together shall constitute one and the same agreement. EE. 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. Blackstone and Vestcor agree that they shall be responsible for all recording fees and other related fees and costs related to the recording and delivery of this Agreement as described in this Section. The provisions hereof shall remain in full force and effect during the term hereof and shall be binding upon all successors-in-interest to the signatory parties to this Agreement. FF. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If any condition, provision, reservation, restriction, right, or term memorialized or referenced herein, or any portion(s) thereof, is/are held to be invalid or unenforceable in or by any administrative hearing officer or court of competent Page 24 of 28 Doc.#2500706 Page Number: 30 of 57 jurisdiction, the invalidity or unenforceability of such condition, provision, reservation,restriction,right,term,or any portion(s)thereof,shall neither limit nor impair the operation, enforceability, or validity of any other condition, provision, reservation, restriction, right, term, or any remaining portion(s) thereof. All such other conditions,provisions,reservations,restrictions,rights,terms,and remaining portion(s)thereof shall continue unimpaired in full force and effect. GG. Effective Date. The "Effective Date" of this Agreement is forty-five (45) days after the duly signed and recorded Agreement is received by the Florida Department of Commerce pursuant to Chapter 380, Florida Statutes, and if appealed,until the appeal(s)is/are fully and finally resolved. [Remainder of Page Intentionally Left Blank-Signature Pages to Follow] Page 25 of 28 Doc.#2500706 Page Number: 31 of 57 IN WITNESS WHEREOF,the Parties hereto have set their hands and seals on the day and year below written. Sign, sealed, and delivered in VC TAVERNIER,LLC, the presence of: a Florida limited liability company By: Vestcor, Inc., a Florida corporation, its Manager BY: Printed ame: Signature Title: AI( 5 Address: ( n 'y Name of Witness (printed or typed) " f,L Z ? Witness Address: jPyAl ; (u Z207 Dated: Q� Sr go 2 Signature Name of Witness (printed or typed) Witness Address: 9 IPL-f R (y STATE OF FLORIDA COUNTY OF DUVAL The foregoing instrument was acknowledged before me this day of 2025,by Jason O. Floyd, as Vice President of Vestcor, Inc., a Florida corporation,manager bf VC I VERNIER,LLC, a Florida limited liability company, on behalf of the company. He/ She is Personally known to me, OR ❑ produced as identification and ❑ did OR ❑ did not take an oath. (SEAL) �s Notary Public, State of Florida Printed Name Notary Public State of Florida Rebecca L. Whits My Commission expi My Commission HH 499145 Expliss 3/23/2028 Page 26 of 28 Doc.#2500706 Page Number: 32 of 57 IN WITNESS WHEREOF,the Parties hereto have set their hands and seals on the day and year below written. Sign, sealed,and delivered in BLACKSTONE GROUP-TAVERNIER 925,L.L.C., the presence of: a Florida limited liability company. BY: Printed Name: Title: /?744 4Siggnaire Address: l`/T <'.0 .0 1, �v7 Name of Witness (printed or typed) `L �36 Witness Address: k sk,1M oyft Dated: L W 0� Signature ame of Witness (printed or typed) Witness Address: 1 vV I;+. 33640 STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this 6 e" day of Mali 2025, by MQYIJ W uy U1 i z as tAQA'hQfj' of BLACKSTONE GROU - TAVERNIER 925, L.L.C., a Florida limited lihbility company. He / She is personally known to me, OR ❑ produced N/A as identification and ❑ did OR ❑ did not take an oath. (SEAL) - ry lic, State of Florida N 1 s.. �, less 1`�I� eS coda 11 •�p'(�Yp!/•'••.'�(� Printed Name My Commission expires:-C Q"-Z ?-07_T It OF ti e P N0� NIIIiNIN11N Page 27 of 28 Doc.#2500706 Page Number: 33 of 57 VIN A CLERK OE C BOARD OF � � y COUNTY COMMISSIONERS a pE CLERK MAYOR JAMES K. SCHOLL PO�OA60 OYN: Page 28 of 28 Doc.#2500706 Page Number: 34 of 57 EXHIBITA- Doc.#2500706 Page Number: 35 of 57 Doc#2483828 Bk#3304 Pg#373 Recorded 12/17/2024 at 10:03 AM Pages 5 Flied and Recorded in Official Records of MONROE COUNTY KEVIN MADOK REQ$44.00 Deed Doc Stamp$26,600.00 PREPARED BY AND RETURN TO: Bryan Hawks Smith Hawks,PL 138 Simonton St, Key West,Florida 33040 Parcel ID No:portion of 00089490-000000 Consideration$3,800,000.00 [Space Above This Line for Recording Data]_ SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is made this t U .day of December 2024, by CEMEX CONSTRUCTION MATERIALS FLORIDA, LLC, a Delaware limited liability company,whose mailing address is 1720 Centrepark Drive East, West Palm Beach, FL 33401 ("Gratafoe% and delivered VC TAVERNIER, LLC, a Florida limited liability company, whose mailing address is 1649 Atlantic Boulevard, Jacksonville, FL 32207 ("Grantee"), (Wherever used herein,the terms"Grantor"and"Grantee"include all the parties to this instrument and the heirs, legal representatives and assigns of individuals and the successors and assigns of corporations and other entities.) WITNESSETH: That Grantor, for and in consideration of the sum of TEN AND N0/100 DOLLARS ($10.00)and other good and valuable consideration,the receipt of which is hereby acknowledged, does hereby grant,bargain, sell,remise,transfer and convey unto Grantee forever,the following described land in Monroe County,Florida(the"Pr®Jserty"): A portion of Lot 6,MacDonald's Plat lying Easterly of the Easterly right of way line of Old State Road 4-A,and Recorded in Plat Book 1,at Page 64 of the Public Records of Monroe County,Florida and being more particularly described as follows: BEGINNING at the Northwesterly corner of said Lot 6, P.B. 1, P. 64 on the Easterly right of way line of Old State Road 4-A; thence run N. 88058107" E. along the North line of Lot 6 for a distance of 1256,84 feet to the Northeast corner of Lot 6;thence run S.02034113"E.along the East line of Lot 6 for a distance of 641.37 feet to the Southeast corner of Lot 6; thence run S. 89019134"W.along the South line of Lot 6 for a distance of 673.07 feet;thence ran N.00°02'56"W. for a distance of 531.01 feet;thence run N.89058'46"W.for a distance of 627.63 feet to a point on the Easterly right of way line of Old State Road 4 A; thence run N.0902442"E.along said Easterly right of way line for a distance of 96.08 feet back to the POINT OF BEGINNING. Doc.#2500706 Page Number: 36 of 57 Doc.#2483828 Page Number:2 of 5 TOGETHER WITH all the tenements, hereditaments, and appurtenances, with every privilege,right,title,interest and estate, reversion,remainder and easement thereto belonging or in anywise appertaining. The Property is conveyed in AS IS,WHERE IS condition WITH ALL FAULTS. TO HAVE AND TO HOLD the same in fee simple forever. SUBJECT TO (a) applicable zoning ordinances; (b) taxes and assessments for the year 2025 and subsequent years and easements; (c) use restrictions attached hereto and incorporated herein as Exhibit A;and(d)encumbrances,easements,restrictions and other matters specifically identified and listed on Exhibit B attached hereto and incorporated herein,provided,however,the foregoing statement is not intended to and shall not be construed to reimpose any such matters. Grantor hereby covenants with Grantee that,except for those matters described above,at the time of the delivery of this Deed, the Property was free from all encumbrances made by Grantor,and that Grantor will warrant and defend the title to the Property against the lawful claims and demands of all persons whomsoever lawfully claiming by,through or under Grantor herein, but against none other. [SIGNATURE PAGE TO FOLLOW) Doc.#2500706 Page Number: 37 of 57 Doc.#2483828 Page Number:3 of 5 IN WITNESS WHEREOF,Grantor has executed this deed on the day andyear first above written. Cemes Construction Materials Florida,LLC, a Delaware limited liability company NITNE ES: _ vLla t7 ;-1u5 By:Rodrigo Portales Ad ress:l 1QQ K401 Frrq �S'te&800 Its: Vice President Pr fret Name: WAC Address. i OIoo Ka+y Frwv.Su ire Soo VAQUSDn x 041 STATE OF T15 x 01 S COUNTY OF H OLr r i S The foregoing instrument was ac owledged before me by means of hysical presence or online notarization this day of December, 2024, by Rodrigo Portales, as Vice President of Cemex Construction Materials Florida, LLC, a Delaw limited liability company, on behalf of said company. He is person ly own t me o l has produced a driver's license as identification. (AFFIX NOTARIAL SEAL) No Public'__"` Print Name: My Commission Expiration and Commission Number: , SMERIDAN SLOCUMB Notary Public,State otTexss -2027 ronim Exp' P Notary ID 11829676 4 Doc.#2500706 Page Number: 38 of 57 Doc.#2483828 Page Number:4 of 5 EXHIBIT A USE RESTRICTIONS As a material inducement to Grantor's agreement to sell the Property to�Grantee, Cnwtee and its successors, assigns and affiliates shall not develop, use or operate the Property, or permit the Property to be used,developed or operated,for the purpose of producing,manufacturing,grinding, selling or distributing ready-mix concrete,construction aggregates,fly ash,slag,cement,concrete block, asphalt, reinforced concrete pipe, precast products, flared ends sections, cementitious material or other products or services competitive with those sold or furnished by Grantor. In the event of ambiguity,the terms ready-mix concrete,construction aggregates,fly ash,slag,cement, concrete block, asphalt, pipe and cementitious materials shall have the meaning established by American Society for Testing and Materials(ASTK or any successor entity of ASTM. Grantor shall have the right to enforce,by proceedings at law or in equity,the restrictions and covenants imposed by this provision including the right to prevent the violation of such restrictions and covenants, and the right to recover damages or other amounts due for such violation. Grantee acknowledges that breach of this use restriction would cause immediate and irreparable harm to Grantor for which money damages would be inadequate. Therefore,Grantor shall be entitled to injunctive relief for any breach by Grantee,its successors,assigns or affiliates ofthis use restriction without proof of actual damages and without the post of a bond or other security. Such remedy shall not be deemed to be the exclusive remedy for breach of this use restriction but shall be in addition to all other remedies available at law or equity. The use restriction shall not burden any real property other than the Property and shall run with the land. Doc.#2500706 Page Number: 39 of 57 Doc.#2483828 Page Number:5 of 5 EXHIBIT B 1) Terms,covenants,conditions and other matters contained in any unrecorded Lease(s)and all rights thereunder of the Lessee(s)and of any person claiming by,through or under the Lessee(s). 2) Any lien provided by County Ordinance or by Chapter 159, Florida Statutes,in favor of any city,town,village or port authority for unpaid service charges for service by any water, sewer or gas system supplying the insured land. 3) Terms,provisions,easements and conditions contained in that Declaration of Restrictions, Covenants and Conditions and Grant of Easements and Covenants Regarding Commercial Use from Blackstone Group-Tavernier 925,L.L.C.,a Florida limited liability company and VC Tavernier,LLC,a Florida limited liability company,recorded in Official Records 4) Survey prepared by David S.Massey,dated October 15,2022 and last revised December 11,2024 under Drawing No. 18980A reveals the following: a. Sheds from adjoining Lot Owners onto our subject property along the Northerly property line." 5) Subject to County Ordinance No. 026-2022, which among other matters, pertains to and provides for amendments to the Monroe County Land Development Code; repeals, reenacts and updates Chapter 122, Floodplain Management, and contains provisions requiring inspections of property occupied by an elevated residential structure meeting certain criteria,prior to the transfer of ownership thereof,and which establishes penalties for non-compliance. 6) Easement Grant in favor of the Key Largo Wastewater Treatment District recorded December 30,2015,in Official Records Book 2776,Page 437. 7) State Law under Chapter 76-190 and Chapter 22F-8.02 of the Florida Administration Code for Land Planning for the Florida Keys Area of Critical State Concern,as contained in the instrument recorded in Official Records Book 668,Page 43. Doc.#2500706 Page Number: 40 of 57 Doc#2483747 Bk#3304 Pg#134 Electronically Recorded 12/16/2024 at 3:56 PM Pages 5 Filed and Recorded in Official Records of MONROE COUNTY KEVIN MADOK ElectronicallyREC: $44.00 Deed Doc Stamp$39,900.00 PRLPARED BY AND RETURN TO.- Gregory S.Orop—,Esq. Oropeza,Stones&Cardenas,PLLC 221 Simonton Street Key West,Florida 33040 Parcel ID No:004902SO-000000 and portion of00089490-W000 Consideration$5,700A*.00 ... — [Space Above This Line for Recording Data]___,.,,,.......... SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is made this lie` day of December 2024, by CEMEX CONSTRUCTION MATERIALS FLORIDA, LLC, a Delaware limited liability company,whose mailing address is 1720 Centrepark Drive East, West Palm Beach, FL 33401 ("Grantor"), and delivered BLACKSTONE GROUP-TAVERNIER 925, LLC a Florida limited liability company with its mailing address of One Lawrence Square, Springfield, IL 62704 ("Grantee"), (Wherever used herein, the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals and the successors and assigns of corporations and other entities.) WITNESSETH: That Grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00)and other good and valuable consideration,the receipt of which is hereby acknowledged, does hereby grant,bargain,sell,remise,transfer and convey unto Grantee forever,the following described land in Monroe County,Florida(the".Property'): A portion of Lot 6,MacDonald's Plat Recorded in Plat Book 1,Page 64 and a Part of Tract 2,PLAT OF SURVEY OF ELLIS PROPERTY,Recorded in Plat Book 2,Page 99, all lying Easterly of the Easterly right of way line of Old State Road 4-A as Recorded in the Public Records of Monroe County,Florida and being more particularly described as follows: COMMENCING at the Northwesterly corner of said Lot 6,P.B,1,P.64 on the Easterly right of way line of Old State Road 4-A;thence run S.09024142"W.along the Easterly right of way line of Old State Road 4-A for a distance of 96.08 feet to the POINT OF BEGINNING of the parcel hereinafter described;thence run S.89058146"E.for a distance of 627.63 feet;thence run S.00002156"E.for a distance of 531.01 feet to a point on the South line of Lot 6;thence run along the South line of Lot 6,S.89019134"W.for a distance of 59634 feet to a point on the Southeasterly corner of Tract 2,P.B.2,P,99; thence continue along the' South line of Tract 2,S.89°19'34"W.for a distance of 148.15 feet to a point on the Easterly right of way line of Old State Road 4-A,said point being on a circular curve concave to the Northwest and having far its elements a radius of 2126.08 feet,a delta angle of 7054'24",a chord distance of 293.16 feet and a chord bearing of N. Doc.#2500706 Page Number: 41 of 57 Doc.#2483747 Page Number:2 of 5 14°30'41"E,;thence run along the are of said curve along the Easterly right of way line of Old State Road 4-A for a distance of 293.39 feet;thence run N.87025120"E.for a distance of 49.95 feet to a point on the East line of Tract 21 thence run N.04058158"W.along the East line of Tract 2 for a distance of 120.11 feet;thence run S.87027120"W.for a distance Of 18.99 feet to a point on the Easterly right of way line of Old State Road 4-A;thence run along the Easterly right of way line of Old State Road 4-A for a distance of 136.98 feet back to the POINT OF BEGINNING. TOGETHER WITH all the tenements, hereditaments, and appurtenances, with every privilege,right,title,interest and estate, reversion,remainder and easement thereto belonging or in anywise appertaining. The Property is conveyed in AS IS,WHERE IS condition WITH ALL FAULTS. TO HAVE AND TO HOLD the same in fee simple forever. SUBJECT TO (a) applicable zoning ordinances; (b)taxes and assessments for the year 2025 and subsequent years and easements; (c) use restrictions attached hereto and incorporated herein as Exhibit • and.(d)encumbrances, easements,restrictions and other matters specifically identified and listed on Exhibit B attached hereto and incorporated herein,provided,however,the foregoing statement is not intended to and shall not be construed to reimpose any such matters. Grantor hereby covenants with Grantee that, except for those matters described above,at the time of the delivery of this Deed, the Property was free from all encumbrances made by Grantor,and that Grantor will warrant and defend the title to the Property against the lawful claims and demands of all persons whomsoever lawfully claiming by,through or under Grantor herein, but against none other. [SIGNATURE PAGE TO FOLLOW] Doc.#2500706 Page Number: 42 of 57 Doc.#2483747 Page Number:3 of 5 written.IN WITNESS WHEREOF,Grantor has executed this deed on the day and year first above Cemex Construction Materials Florida,LLC, a Delaware limited liability company WITNESSES: i Print Name: By: go Portales Address: a t ace L_C 44y ,F d w v, l,%­tk 32e Its: Vice President _ILL 6Z� Print Na We: c Address. t a t ot 1:� Frw So i k hod J-ha o Put, ` -11 o`tom__._ STATE OF 'k k"-S COUNTY OF 140,,r r 1 4 5 The foregoing instt=ent was acknowledged before me by means of X-physical presence or online notarization this-a day of December, 2024,by Rodrigo Portales, as Vice President of Cemex Construction Materials Florida, LLC, a Delaware limited liability company, on behalf of said company. He 4 is personally known to me or { has produced a driver's license as identification. (AFFIX NOTARIAL SEAL) Notary Public Print Name•- { My Commission Expiration and Commission Number: `SH�"D N sLo s g? c Notary Public. too Texas ,�LIG. `r Comm.Expires 12-27.202.7 NoMterv+o 71829678 Doc.#2500706 Page Number: 43 of 57 Doe.#2483747 Page Number.4 of 5 EXHIBIT A USE RESTRICTIONS As a material inducement to Grantor's agreement to sell the Property to Grantee,Grantee and its successors, assigns and affiliates shall not develop, use or operate the Property, or permit the Property to be used,developed or operated,for the purpose of producing,manufacturing,grinding, selling or distributing ready-mix concrete,construction aggregates,fly ash,slag,cement,concrete block, asphalt, reinforced concrete pipe, precast products, flared ends sections, cementitious material or other products or services competitive with those sold or furnished by Grantor. In the event of ambiguity,the terms ready-mix concrete,construction aggregates,,fly ash, slag,cement, concrete block, asphalt, pipe and cementitious materials shall have the meaning established by American Society for Testing and Materials(ASTM)or any successor entity of ASTM. Grantor shall have the right to enforce,by proceedings at law or in equity,the restrictions and covenants imposed by ibis provision including the right to prevent the violation of such restrictions and covenants, and the right to recover damages or other amounts due for such violation. Grantee acknowledges that breach of this use restriction would cause immediate and irreparable harm to Grantor for which money damages would be inadequate. Therefore, Grantor shall be entitled to injunctive relief for any breach by Grantee,its successors,assigns or affiliates ofthis use restriction without proof of actual damages and without the post of a bond or other security. Such remedy shall not be deemed to be the exclusive remedy for breach of this use restriction but shall be in addition to all other remedies available at law or equity. The use restriction shall not burden any real property other than the Property and shall run with the land. Doc.#2500706 Page Number: 44 of 57 Doc.#2483747 Page Number:5 of 5 EXHMIT B I. Any lien provided by county ordinance or by chapter 159,Florida Statutes,in favor of any city,town, village or port authority for unpaid service charges for service by any water,-sewer or gas system supplying the insured land. 2. Subject to County Ordinance No.026-2022,which among other matters,pertains to and provides for amendments to the Monroe County Land Development Code,repeals,reenacts and updates Chapter 122,Floodplain Management,and contains provisions requiring inspections of property occupied by an elevated residential structure meeting certain criteria,prior to the transfer of ownership thereof,and which establishes penalties for non-compliance. 3. State Law under Chapter 76-190 and Chapter 22F-8.02 of the Florida Administration Code for Land Planning for the Florida Keys Area of Critical State Concern,as contained in the instrument recorded in Official Records Book 668.Page 43. 4. Easement Grant in favor of the Key Largo Wastewater Treatment District recorded December 30,201 S, in Official Records Book 27'j j' ge 4 . S. Any portion of the Land lying within the right-of-way of Old State Road 4-A. 6. Encroaclunents,overlaps,boundary line disputes,encumbrances,violations,variations or other matters that would be disclosed by an accurate and complete survey of the Property. Doc.#2500706 Page Number: 45 of 57 Doc.#2500706 Page Number: 46 of 57 = -= +r.i cur.+wn.w..nww...4nr t£ZO-f5B SOC %YJ BBOO-fSB SOf 3N(fNd ^w�-0 w�w.j^r.� y^�+- �"°"'"•^""""' OLMC'ld'M31NM3AVi-'619 XOe '8'd/'AMN SV3SN3hO 8888E>•'31 '7NIddVN'I 9NIA3hBYBS SQMtlH7IM-A3SS1M ... C`^..,- �"�'�',R,= D a_ _ I ON30 SNOLLVVM88V fi fIIIIPe�a�lMl III � � g€ 5. 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II JI `stwdoeu «�°g>. �i L «g`a cds` Y $ I a j , a II .•e W jj,�— uo$�o aa. -f ,- y$i' E= i �ri. j.., �� i> °t III R .> x Fma Ems_ ���'� 85"YWE 4 I� •j• it 'asY 'd'<3ewe9s>; Y$wM naz w If A\.' 91'a ••� i � 'I' ..•Vr `a,-" i.i .a ° EqG �� frY { a k �A x d • � qj! ,L $g tp t y 3 IFS N E,z As:9'02'r"f �' s_iul• .11 L n" .is �� 1 bj I �— I� �. •I' r>a _ JIM cgc WV2 SjjV I rfi _A IjiI I�:i —+Tj._RR "Iij�— EEdI•:�r:'.i,:•� �w0 II t"�\\ •i 3I-b 'f4F q�c❑z N�\- a REEF,-, > W>a.L 3s6g'aYI� .IYa6ff°:E`�,g dRS" Y3w _UT s< MeL° 1°'n.:�y9Efa ,,Z, 1 t l k, f a ---- 1 aoi 4 \ Mf2E, i 2 If IZ __`-_ - � �f��w r SVjg kr4-'� EH'! fE '' t a>w B��R;F \ �, �\•�\\\/ /� 9� C vicvee 3 a as 5 a y ��••p., .z:+^'--� \ki\Asa P; a "®� \-b._ ! ry p 56 .� d6 i`:I E 1 -�, E Gf9 6j1• T °°°'�f✓T'�`��� mE ! •. Ik +se�d3Eg �f �`g.1 ;�`,',•• „�,. I.� J/)/ypWP ���..� yQ� > y 4i \.\ ------------- N4� -y ea at� €�ggps �-teF=era ' ..�����§"a€$��f���a�•p��s£€� III o�— �':�\<(�.� ' Y - -- {� 6.E�ag3[ 3a$�ea� 1 I Doc.#2500706 Page Number: 49 of 57 Doc.#2500706 Page Number: 50 of 57 KBP CONSULTING, INC. MEMORANDUM To: Janene Sclafani Naresh Kotari Vivek Reddy,P.E. From: Karl Peterson,P.E. Bart Smith, Esq. Mimi Hurwitz Date: March 11, 2025 Subject: Mixed-Use Development—(File No. 2022-053) Mitigation Analysis The proposed Mixed-Use Development in Tavernier consists of a supermarket (Publix), a liquor store, and multifamily affordable housing community. The traffic concurrency analysis for this report (dated December 2024) concluded that 16 daily trips will need to be mitigated on roadway Segment 21 (Plantation) as a result of this project. According to the latest Monroe County Remaining Roadway Capacity Chart (dated 3/7/25), the remaining capacity of Segment 21 is consistent with the capacity documented in December 2024. As such, the number of trips to be mitigated remains at 16. As a means of mitigating these trips,the Applicant has proposed to participate in Monroe County's free ride service currently being provided in the Village of Islamorada. Based upon information provided by Monroe County, we have developed the following proposed mitigation strategy to address the project traffic impacts on Segment 21. Please see the attached sheet as data to support the following: • Based upon an annual cost of$18,104 at an annual net present value discount rate of 5% and a 12-year participation period,the value of this mitigation strategy is $177,295.80 (and for 16 trips this equates to $11,080 per trip). • The participation rate is based on the average car being on the road safely for 12 years. • Please see attached spreadsheet. Please let us know if you have any questions or require any additional information. 8400 North University Drive,Suite 309,Tamarac, Florida 33321 Tel:(954)560-7103 Fax: (954)582-0989 Doc.#2500706 Page Number: 51 of 57 Attachment A Mixed-Use Development—Tavernier Mitigation Analysis Doc.#2500706 Page Number: 52 of 57 N O m C E Ca E ID 00 M v }r y. 7 C IL U c E LO Ca a L (U in 04 a a=i L rr £. d = M a > d � � N 1 N C `- d CC) Q N ` O L N o 0 0 0 o a o 0 0 �- a H ti o C 0 C C C 0 0 C C �_ C2 C2 � N O OD (fl 7 N 'a) 1 Ef? ER 69 to Efl H3 > W ® c U. sd a U) e: C C V6 LM 0! w 14- O 00 It CO O - V (D 'IT O e 4 M (O CO 0) I- M W O O .- O C 0 0) LO O O M N O O CO M EA O O O r M "ll Lr " O VI "'t E W I- I- LO N M M I- O r- W O d' M N O CA f- O NEt? U9, &9> E9 E9 6969 69 F14 69 C LL E O M M N M W W M N M (O O Vt a0 N Ln O M I, N W O Cn a_ CO 00 00 0) O O 0 0 N (V +" •- 61 y 69 (R 64 Efl Efl b9 d4 E9 (fl (fl f9 EH a+ e d E a C9 IL N M V, LO CO I- M M C. N 10 Doc.#2500706 Page Number: 53 of 57 Doc.#2500706 Page Number: 54 of 57 Memorandum of Understanding This Memorandum of Understanding ("MOU") Is made and entered into this 19th day of December,2024,between Lofts at Tavernier,Ltd.,a Florida limited partnership("Lofts")whose address is 1649 Atlantic Boulevard, Jacksonville, Florida 32207 and A.H. of Monroe County, Inc., a Florida not-for- profit corporation("AH"),whose address is 1434 Kennedy Drive,Key West,Florida 33040. WHEREAS, Lofts is proposing to construct a mixed-income,mixed-use development,called lofts at Tavernier(the"Development"),on properly located along Overseas Highway,approximately 1,000 feet southeast of the intersection of Overseas Highway and Garden Street,in unincorporated Monroe County; and WHEREAS,the Development will include eighty-six(861 residential units;and WHEREAS,the Development will include 350 square feet of mixed-use Institutional space,to be utilized by AH(the"Institutional Space");and WHEREAS,AH desires to utilize the Institutional Space to be constructed by Lofts to provide health and housing services for the benefit of the residents of Monroe County;and WHEREAS,the Lofts and AH desire to enter into this MOU to set forth the initial general terms for the use of the Institutional Space with a more concise and detailed agreement to be entered into prior to completion of the construction of the Development with said agreement to be mutually beneficial to Lofts and AH. NOW,THEREFORE,Lofts and AH agree as follows: Section 1. In connection with the construction of the Development,Lofts agrees to construct the Institutional Space which includes 350 square feet to be utilized by AH. Section 2. AH agrees to utilize the Institutional Space to provide assistance to individuals and families with case management, financial aid, and support services, including rent, utilities, groceries, transportation,healthcare,and childcare.Clients receive tailored budgets,follow-up support,and referrals to ensure long-term stability to residents of the Development and the community at large. Section 3. Lofts and AH agree that upon completion of construction of the Institutional Space,AH will occupy the Institutional Space and provide services at least five(5)days a week. Section 4. No modification or amendment of this MOU shall be of any force or effect unless in writing executed by both AH and Lofts. This MOU shall be interpreted in accordance with the internal laws of the State of Florida,both substantive and remedial,without giving effect to its conflicts of law principals. This MOU sets forth the entire agreement between AH and Lofts relating to the subject matter herein and supersedes all prior and contemporaneous negotiations,understandings and agreements,written or oral, between the parties. (Signatures on Following Page] Doc.#2500706 Page Number: 55 of 57 IN WITNESS WHEREOF,LOFTS and AH hereto have executed this Memorandum of Understanding. Witness: LOFTS AT TAVERNIER, LTD., a Florida limited j partnership Nam: By: Lofts at Tavernier GP, LLC,a Florida limited Address: .d. liability company,its General Partner By:Vestcor, Inc.,a Florida corporation, its Manager Name: fi Address: _/jqI ldwyhc jRt,, PL T --Z gyl'17 (KO n O.Floyd,ViWpresident Witness: A.H. of Monroe County, Inc., a Florida not-for- 44 profit corporation Na Address: 1113o A le. 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