Resolution 112-2011RESOLUTION NO. 112 -2011
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
CONSENTING TO THE ASSIGNMENT OF RIGHTS UNDER
THE DEVELOPMENT AGREEMENT BETWEEN MONROE
COUNTY AND NORTHSTAR RESORTS ENTERPRISES CORP.
TO KEYS LAKE VILLAS, LLC
WHEREAS, Monroe County (County) and Northstar Resort Enterprises Corp. ( Northstar)
entered into a Development Agreement on March 19, 2008, recorded at OR Book 2352 at Page
2310 of the Official Records of Monroe County; and
WHEREAS, Northstar agreed to build one hundred ten (110) units of affordable housing at the
site known as Lakeview Gardens at Mile Marker 106 in Key Largo; and
WHEREAS, Northstar is selling the parcel of land that is the site of the affordable housing to
Keys Lake Villas, LLC as shown on Exhibit A, to satisfy HUD financing requirements for a
single purpose entity to complete the project; and
WHEREAS, Northstar is requesting a consent to the assignment of its rights to build the
affordable housing pursuant to Paragraph 14 of the Development Agreement, such assignment
is shown on Exhibit B; and
WHEREAS, consent to such assignment shall not be unreasonably withheld according to
Paragraph 14 of the Development Agreement;
NOW THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS:
Consent is hereby given to the assignment by Northstar Resorts Enterprises Corp. to Keys Lake
Villas, LLC of its rights under the Development Agreement between Monroe County and
Northstar Resorts Enterprises Corp. dated March 19, 2008 at the property shown on Exhibit A.
Keys Lake Villas Resolution Page 1
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PASSED AND ADOPTED, by the Board of County Commissioners of Monroe County, Florida
at a regular meeting of said Board on the 16 day of March, 2011.
Mayor Heather Carruthers
Mayor pro tem David Rice Yes
Commissioner Sylvia Murphy Yes
Commissioner George Neugent Yes
Commissioner Kim Wigington Yes
ATT olhage LERK
BOARD OF COUNTY COMMISSIONERS OF MONROE COU Y, FLORIDA
By.
Mayor lyalhq 9drruthers
Deputy Clerk
MONROE COUNTY ATTORNEY
? APPRIPVED AS TO FORM.,
S OANTCO* M GRIMSL Y om—
ASSIS UNTYA TTORNEY
Date le, _
Keys Lake Villas Resolution
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Order. 300807145 Doc: FLMONR:2352 -02310 Page 18 of 97 Created By: mbanfleld Printed: 10/16/2008 2:58:55 PM EST
Keys Lake Villas
LEGAL DESCRIPTION:
Keys Lake Villas parcel (HUD parcel), more particularly described as follows:
PARCEL 1
All that part of Lots 5, 12 and 13, in Section 6, Township 61
South, Range 40 East which is West of a line beginning at a
point on the center of the South boundary of Lot 13, and
extending straight through the center of Lots 13 and 12,
and through Lot 5 to the Southeast side of the Monroe
County Road; oil of said land being on the South side of the
Florida East Coast Railroad Right of Way, according to the
Plat thereof, recorded in Plot Book 1 at Page 68 of the
public records of Monroe County, Florida.
PARCEL 2
A portion of Lots 12 and 13, Section 6, Township 61 South, Range
40 East, according to a survey made by P.F. Jenkins and redorded
in Plat Book 1. Page 68 of the public records of Monroe County,
Florida and being more particularly described as follows:
Commence at the southeast corner of said Lot 13; thence in a
westerly direction along the south boundary line of said Lot 13,
South 89 degrees 04'38' West. a distance of 331.48 feet; thence
North 00 degrees 40'47' West, a distance of 381.69 feet to a
Point of Beginning, thence continue North 00 degrees 40'47' West.
• distance of 1033.82 feet; thence North 89 degrees 19'13' East,
• distance of 17.00 feet; thence South 00 degrees 40'47' East, a
distance of 901.27 feet; thence North 89 degrees 19'13' East, a
distance of 8.00 feet; thence South 00 degrees 40'47" East. a
distance of 132.55 feet; thence South 89 dellress 19'13" West,
a distance of 25.00 feet to the Point of Beginning.
LESS AND EXCEPT:
Lakeview Gardens parcel (Non -HUD parcel), part of said Parcels 1 and 2, more particularly
described as follows:
Commence at the intersection of the lottlne common to Lots 9 and 12. according
to the plot by P.F. Jenkins recorded in Plat Book 1 at Page 68 of the pubic
records of Monroe County. Florida. with the existing southeasterly right of way
line of State Road No. 5 (US Hwy No. 1); thence S 0'40'47"E along said lotline. being also the
centerline of an un -named 30 foot wide roadway according to sold plot. for 792.06 feet to
the Point of Beginning. thence N 89' 19' 13"E for 84.09 feet to the Point of Curvature of a
circular curve, concave to the southwest, having for its elements a Radius of 20.0 feet and a
Central Angle of 90'00'42 "; thence southeasterly along the arc of said curve for 31.42
feet to the Point of Tangency; thence S 0'40'05 for 40.79 feet to the Point of Curvo-
tun of a circular curve, concave to the northeast, having for its elements a Radius of
49.0 feet and a Central Angle of 118'14'23 thence easterly along the arc of said curve
for 101.12 feet to the Point of Tangency; thence N 61'05'32 0 E for 150.57 feet to the Point
of Curvature of a circular curve, concave to the northwest, having for its elements a
Radius of 25.0 feet and a Central Angle of 61'45'53 thence along the arc of said curve
for 26.95 feet to the Point of Tangency; thence N 0"40'21 "W for 43.21 feet; thence
N 89'19'13 "E for 32.27 feet to the most easterly line of the afore described Parcel 2;
thence S 0'40'47"E along said most easterly line of Parcel 2 for 132.55 feet; thence
S 89'19'13"W along the southerly line of said Parcel 2 for 25.0 feet to the easterly line
of afore described Parcel 1; thence S 0'40'47 "E along said easterly line of Parcel 1 for
381.69 feet to the southerly line of said Parcel 1; thence S SW04 23"W along said southerly
line of Parcel 1 for 329.37 feet to the said centerline of said 30 foot wide
un -named roadway; thence N O'40'47"W along said centerline for 483.56 feet to the
Point of Beginning. Containing 145652 square feet or 3.3437 acres, more or less.
Subject to and Together with: A 5 foot wide by 206.10 feet long Pedestrian Easement, adjoining
and parallel with the easterly right of way line of sold 30 foot wide un -named roadway, more
particularly described as follows:
Commence at the intersection of the lotline common to Lots 9 and 12, according to the plat
by P.F. Jenkins, recorded in Plat Book 1 at Page 68 of public records of Monroe County, Florida,
with the existing southeasterly right of way line of State Rood No. 5 (US Highway No. 1); thence
S O'40'47"E along said lotline, being also the centerline of an un -named 30 foot wide roadway
according to said plot. for 792.06 feet; thence N BW19'13 for 15.0 feet to the easterly
right of way line of said 30 foot roadway and the Point of Beginning: thence continue N 89'19'13 "E
for 5.0 feet; thence S 740'47 "E for 206.10 feet; thence S 89'19'13W for 5.0 feet to said
easterly right of way line; thence N 0'40'47"W for 206.10 feet along said right of way line to
the Point of Beginning; containing 1031 square feet, more or less.
ti �A ! f o4 r
Prepared by and Return to:
Gerald J. Blondo, Esquire
Mural Wald Blondo & Moreno, P.A.
1200 Ponce De Leon Boulevard
Coral Gables, Florida 33134
ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT ( " Assignment ') Is made and entered Into
as of this _ JQ day of November 2010 ( " Transfer Date '), by NORTHSTAR RESORT ENTERPRISES, CORP., a
Florida corporation ( "qi" ), having an address at 102901 Overseas Highway, Key Largo, FL 33037, to KEYS
LAKE VILLAS, LLC, a Florida limited liability company ( "Ass a "), having an address at 650 S. Northlake
Boulevard, Suite 450, Altamonte Springs, FL 32701.
j�A4J 1LTilF13Ajf:�1 uL ii
Assignor has agreed to assign all Its right, tide and interest in and to that certain Development Agreement dated
March '19,2008, by and between Assignor and the Board of County Commissioners of Monroe County recorded
In Official Records Book 2352 at Page 2310 of the Public Records of Monroe County, Florida (the "Development
Agreement "), encumbering the real property ( "Real Property"), described on Exh ibit "A" attached hereto, to
Assignee.
In consideration of the mutual covenants contained In this Assignment, and other good and valuable
consideration, the receipt and sufficiency of which Is hereby acknowledged, Assignor and Assignee hereby agree
_.. -- as'€eliewss--- - - - - -- —_, - - - .
11 ASSIGNMENT As of the Transfer Date, Assignor hereby assigns and transfers all of Its right, tide, claim
and interest in, to and under the Development Agreement to Assignee and its successors and assigns.
2. CSC ffMC9 Of ASSIGNMENT. Assignee, as of the Transfer Date, hereby accepts the foregoing
assignment of the Development Agreement and assumes all of the Assignor's obligations under the Development
Agreement drising from facts and circumstances that occur after the date hereof.
9000 ' l m
(A) In the event of any litigation including appellate and bankruptcy proceedings between
eA?Y //3 T 3
, 1 1 i
Assignor and Assignee ar•IsIft out of this AssignMOnt, the prevailing putywbl b& entitles! to.redover gII gsPenses
and cores Incurred In connection therewith, Inciudfng reasonable attorneys' fees and costs.
(8) Assignor and Wgnea subrMt to the jurladlatlon of the chaff courts of the S%tw of Fiarida and
the United States DWct. Courts located Iry such state In mpect of any'sult or other proceeds bmught,whh
or arising out of this Assignment and venue -shall be In MIaMI -Dade County, Florida. The previsions of this
Section shalisurvive the Closbig oreafly termination ofthrsAssignrnetit;
S. BINDING EFFECT ThisAssignment will be bindhrg on end inure to the Benefit of the pestles herein,, their
heirs, oxegutors, adminiatrators„ srro gasursritv-Ih trest and assigns,
6. GOYERNING LAVA This Asslgnmont will be gouemtd by and corwtrued In accordance with the laws of
the State of Florida without rtegard t9 p"l clples of conflicts of laws.
7. COiIALTE P�, ART& This Itasignment Mary be executed in two or more counterparts, each of which wiq be
deemed in or4onei, butalf of which to"t1w wUi constitute one and the some Instrument.
THIS ASSIGUMENT has been "ecuted by Assignor and Astltred on the Transfer Bate
WITNE NORMSTAR ASSORT ENTERPRisE% WRP,, a FIgdda
corporation
Prin gy
rnl� pis _
Print iame:
"ASSl61wf r
MM tAK9 VILLA, LLC, a Florida Irni"d liability
company
BY. KIM LV, LLLP
— %-� BY. KEYS �LLC
PF(nt Name, h3ft.W L ades"
FrankGrosciv, Manager
f
STATE Of FLORIDA
COUNTY OF 1 &M' � it
The foregoing instrumen was atknoWl Before m this AA1 dy of WcAghabW _, 2M0 by
Of NORTASTAR RESORT ENi'ERPRfS 4 CORP„ a, Florlds
corporation. He / She is personally known to me or has produced as Identt%tlon.
tuntryt k.
• �. P TEE Of FLORIDA
rI • •.
P1nt Name:
* CoMmlaatOh No:
My Commission expires: '.� /; y _ I
STATE QF FLORIDA
w s _
foregdang IntVAJUM Was ackoawledged before me this 9t day of (r.,.e J, IWO by
of KEYS LAKE VA.L43„ LL"C, a Aotlde llinfted Ilabillty
an She b persenatlykno roducad as Idetttlfitattion.
W �1 �' � # Ait$PUBLIC, STATE 6F FLORIDA
§WWWD ntNa.
tai ai
Mycbmmission Expires;
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