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.
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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.
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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.
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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.
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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
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�ry3 VIN MADOK, CLERK �` o
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Date:��di;7MF
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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).
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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.
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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:
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(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
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Approx.MM 92.5 - _ . rTT Ti....:
MITI
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00089490-000000
"'x 4 /r 00490250-OD0000
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(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.
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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.
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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:
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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
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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.
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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
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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
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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.
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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.
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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.
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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
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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
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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).
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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
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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
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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
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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.
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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
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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.
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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
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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.
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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
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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
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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. Ifte
blo BY:
Eu ne S.Pridgen, Execu Director
Name:
Address:
Doc.#2500706 Page Number: 56 of 57
Doc.#2500706 Page Number: 57 of 57
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