Gary Smith

For the Real Estate buyer or investor, the Lower Keys start at Mile Marker 30 or Big Pine Key
You have arrived in a world that is more laid back, slower-paced, more isolated in most ways, and geographically shaped differently.

* Until now you’ve been driving along the mostly northeast-to-southwest spine of each narrow Key, ocean to your left, Florida Bay or the Gulf of Mexico to your right, with neither body of water more than a few hundred feet away (or much less), for almost 100 miles

* Now, beginning at Spanish Harbor, you head north and then due west, before resuming (at Cudjoe Key) the trek towards the southwest (direction: Key West) that you’ve been traveling ever since you left Key Largo. (Ever wonder why it’s Key West and not Key South?)

* And something else is different! We are now crossing Keys that run more north-south than east-west. The actual ocean and gulf are now miles away, to our south or north, while we cross mangrove forests, wetlands, and pine barrens.

* Check out a map: the group of islands we call the Lower Keys are obviously different enough geographically from the Upper and Middle Keys (which run east-west, and end at Marathon) to have been considered by Colonial Spain as a different group of islands altogether. They were administered from Cuba, not from St. Augustine like the rest of Florida.

* When Spain sold Florida to the United States it did not intend to include Key West and the Lower Keys; the young (then Lt.) Admiral-to-be Perry was sent in the USS Shark (true story) to enforce the USA’s claim to the contrary. The rest is history.

This geography has implications today mainly in two ways:

First, the fabulous ecosystem of the Lower Keys backcountry provides – some claim, anyway – richer opportunities for boating and fishing, and certainly better kayaking and birding than any other portion of the Florida Keys from the Mainland to Key West. Almost the entire area north of the Overseas Highway (US#1) is protected wild environment as part of either the National Key Deer Refuge or Great White Heron National Wildlife Refuge. And that makes this part of the Keys very special, from a homeowner’s or visitor’s perspective.

Second, this north-south orientation of the islands provides dozens of flow-through channels in the event of hurricane storm surges, helping to reduce the extent of water pressure and flood damage.

Gary Smith
Sales Executive
SBX Commercial Real Estate
500 Simonton Street
Key West,FL 33040
Direct - (305) 304-7009
Fax- (305)296-7710
www.keywestlifestyle.comgsmith@spottswood.com

Non-Conformities:
Structures and uses that do not conform to uses provided for in the land use category that the property or use is located in are considered non-conforming. Such uses and structures are currently allowed to continue but they are not allowed to be expanded, enlarged or continued if substantially destroyed (more than 50% of the value of the structure). Zoning together with the uses provided there under which do not conform to the future Land Use Designations are considered non-conforming. Furthermore, non-conformities are jeopardized if abandoned. Buyers should to seek legal counsel or consult with the Monroe County Planning and Zoning Department to determine whether a property is non-conforming today or may be in the future.

Radon Gas:
Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. Pursuant to 404.056(8), Florida Statutes.

Energy Efficiency Rating:
The Purchaser may have the Energy Efficiency Rating of the building determined at buyers expense by a person certified by the Department of Community Affairs.

Concrete Disclosure:
Various concrete structures in the Keys have been found to contain excessive levels of Chloride. This has caused a condition known as spalling which results from the rusting and expansion of steel rebar which reinforces the concrete.

Sewage Disclosure Form:
The City of Marathon and unincorporated Monroe County have taken steps to upgrade to central sewer systems. For questions regarding the timing of the upgrades or estimated hook-up fees, contact:
Monroe County Health Department
3333 Overseas Highway
Marathon, FL 33050
(305) 289-2450 -OR- City of Marathon
10045-55 Overseas Highway
Marathon, FL 33050
(305) 743-0033

Lead Base Paint Warning:
For homes, apartments or condominiums built prior to 1978. Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligent quotient, behavioral problems and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller’s possession and notify the buyer of any known lead-based paint. A risk assessment or inspection for possible lead-based paint hazards is reconverted prior to purchase

Land Use Disclosure:
Due to the unpredictable and constantly changing status of the municipal, county and state regulations for property developments in Monroe County each buyer should contact the appropriate local government department(s) to determine how the subject property may be affected by the Comprehensive Plan and the action necessary to ensure compliance with the plan. Additionally, a property may be affected by restrictive covenants in the form of deed restrictions, Homeowners Association Rules & Restrictions, etc. Every Buyer needs to inquire about them. They also should inquire into state and local governmental zoning and land use regulations and restrictive covenants to determine whether the subject property is in compliance with all state and local government laws, codes and ordinances, and restrictive covenants.

Monroe County Growth Management Division, 305-289-2500
Key Colony Beach Building & Zoning, 305-289-0247
City of Key West, 305-295-1000
City of Layton, 305-664-4667
City of Islamorada 305-664-2345
City of Marathon, 305-289-2501

Monroe County Year 2010 Comprehensive Plan:
The use of the property may be affected by the Land Use Plan, enacted September 15, 1986, revised 1/96 with subsequent revisions due every five (5) years hence or the availability of utilities and sewage disposal now or in the future. The transient rental of single-family residences in I.S. districts has been questioned by Monroe County and regulation by Local or State government may restrict such rentals in certain areas. Properly functioning septic tanks are the minimum permissible on site sewage disposal systems (OSDS). An allocation ordinance exists which limits the number of building permits issued for residential dwelling units. Prior to signing a contract, seek legal counsel or consult with the Monroe County Planning and Zoning Departments. Monroe County is an area of State Critical Concern that heightens the degree of regulation by the State of Florida.

City of Key West Land Use:
The City of Key West has debated the definition of vacation rentals and implementation of legislation to regulate, license, permit or prohibits within the City limits of Key West. If a Buyer is considering renting their property they should discuss the status of this issue with the Key West Planning Dept. to understand its impacts on the Buyer's proposed use of the property.

Buying a Property in the Keys

Information unique to buying aproperty in the Florida Keys”

As you may be aware, the environment that makes the Keys so attractive to thousands of people is a fragile environment the requires considerable attention to protect its health and beauty. This fact has created a requirement for close management of all activities that have or might have negative impact on the environment now or in the foreseeable future. The result is a number of "unique to the Keys" regulations and procedures concerning property ownership. They are provided for information purposes of broaden your understanding of what
is invalided when purchasing property in the Keys.

Flood Insurance:
The buyer must determine the insurability of the property against flood damage by seeking the advice of a qualified insurance agent. Structures built before January 1, 1975 (pre-firm) are subject to rules governing substantial and non-substantial improvements to pre-firm structures which may
limit the reconstruction, rehabilitation or addition
to the pre-firm structure. Structures built after January 1, 1975 that has enclosures below the Base Flood Elevation (BFE) are typically not habitable. The existence of habitable space below the BFE may require demolition or an increase in insurance premium. Buyers should contact the Monroe County Federal Emergency Management Coordinator or the City of Key West, City of Key Colony Beach, City of Layton, City of Islamorada and City of Marathon to ascertain how these rules may impact on the
property of interest.

Coastal Barrier Resources
System Act (CBRS):
Certain properties in Monroe County may be affected by the Federal Coastal Barrier Resources System Act or proposed amendments. For information contact the United States Department of the Interior, the Monroe County Planning Department or your legal representative. Property so designated is not eligible for federally subsidized flood insurance as well as other benefits.

Gary Smith
Sales Executive
SBX Commercial Real Estate
500 Simonton Street
Key West,FL 33040
Direct - (305) 304-7009
Fax- (305)296-7710
www.keywestlifestyle.comgary@keywestlifestyle.com