Resolution 402-20134
MONROE COUNTY, FLORIDA
RESOLUTION NO. 402 -2013
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING A
DEVELOPMENT AGREEMENT BETWEEN AND AMONG
MONROE COUNTY; SUMMERLAND PALMS INVESTORS,
LLC; COCO PALMS DEVELOPERS, LLC; SUNCREST
LANDING, LLC; SINGH INVESTORS, LLC; AND
OCEANSIDE INVESTORS, LLC ALLOWING THE TRANSFER
OF UP TO 46 MARKET -RATE ROGO EXEMPTIONS FROM
MOBILE HOME PARK SITES (SENDER SITES) TO A
PROPERTY ON STOCK ISLAND KNOWN AS OCEANSIDE
(RECEIVER SITE) IN ACCORDANCE WITH MONROE
COUNTY CODE SECTION 130-161.1; REQUIRING THAT
THE UNITS ON THE SENDER SITES SHALL BE
CONVERTED TO, OR REPLACED WITH, AFFORDABLE
HOUSING UNITS, AND CONCEPTUALLY APPROVING THE
REDEVELOPMENT OF THE RECEIVER SITE
WHEREAS, during a regularly scheduled public meeting held on December 11, 2013,
the Monroe County Board of County Commissioners conducted a public hearing to review and
consider a request filed by Attorney Barton W. Smith, on behalf of Summerland Palms Investors,
LLC; Coco Palms Developers, LLC; Suncrest Landing, LLC; Singh Investors, LLC; and
Oceanside Investors, LLC for a Development Agreement (Agreement) in accordance with
Monroe County Code §110-132, §110-133 and §130-161.1 and Florida Statutes §163.3220 et.
seq., the "Florida Local Government Development Agreement Act"; and
WHEREAS, the Agreement allows the transfer of 46 Residential Rate of Growth
Ordinance (ROGO) exemptions — known as Transferable ROGO Exemptions (TRE's) - from
sender sites at 24930 Overseas Highway owned by Summerland Palms Investors, LLC
("Summerland Site") (22 market -rate permanent TRE's); 21585 Old State Road 4A owned by
Coco Palms Developers, LLC ("Cudjoe Site")(17 market -rate permanent TRE's); and 5176
Suncrest Road owned by Suncrest Landing, LLC ("Stock Island Site") (7 market -rate permanent
TRE's) to a receiver site at 5950 and 5970 Peninsular Avenue owned by Oceanside Investors,
LLC ("Oceanside"), in accordance with § 130-161.1 of the Monroe County Code. On the sender
sites, the residential dwelling units from which the transferred market -rate TRE's are derived
shall be converted to, or replaced with, deed -restricted affordable housing; and
Page 1 of 5 (BOCC Dec. 11, 2013)
WHEREAS, Singh Investors, LLC, is an active Florida limited liability company which
has a purchase agreement to purchase the Stock Island Site located at 5176 Suncrest Road, Stock
Island, Florida, from Suncrest Landing, LLC, an active Florida limited liability company; and.
WHEREAS, the Agreement involves the redevelopment of the receiver site located at
5950 and 5970 Peninsular Avenue, Stock Island, Florida. The site has historically been known as
Key West Oceanside Marina (Oceanside); and
WHEREAS, Oceanside, the receiver site, located at 5950 and 5970 Peninsular Avenue,
Stock Island, is legally described as Block 60, portions of Lots 1, 2 and 3, Block 61, portions of
Lots 1, 2 and 3, the portion of Maloney Avenue lying between Blocks 60 and 61, McDonald's
Plat (Plat Book 1, Page 55), also described as a parcel of land in Sections 26, 34, 35 and 36,
Township 37 South and Range 25 East, having real estate #00127420.000000 and
#00127420.000100; and
WHEREAS, the Summerland Site, located at 24930 Overseas Highway, Summerland
Key, is legally described as Lot 55 and a portion of Lot 54, Summerland Yacht Harbor (Plat
Book 2, Page 142), having real estate numbers 400194741.000100, #00194741.000200,
#00194741.000300, #00194741.000400, #00194741.000500, #00194741.000600,
#00194741.000700, #00194741.000800, #00194741.000900, #00194741.001000,
#00194741.001100, #00194741.001200, #00194741.001300, #00194741.001400,
#00194741.001500, #00194741.001600, #00194741.001700, #00194741.001800,
#00194741.001900, #00194741.002000, #00194741.002100 and #00194741.002200; and
WHEREAS, the Cudjoe Site, located at 21585 Old State Road 4A, Cudjoe Key, is
legally described as Lot 30, Sacarma (Plat Book 2, Page 48), having real estate number
00174960.000000; and
WHEREAS, the Stock Island Site, located at 5176 Suncrest Road, Stock Island, is
legally described as Lots 27 and 28, Sun Krest (Plat Book 1, Page 107), having real estate
number 00132680.000000; and
WHEREAS, the Agreement is required as part of an affordable housing incentive
program as set forth in §130-161.1 of the Monroe County Code; and
WHEREAS, the intent of the program outlined in §130-161.1 is to establish an
appropriate incentive for mobile home park owners to maintain mobile home park sites, mobile
home developments in Urban Residential Mobile Home (URM) and Urban Residential Mobile
Home Limited (URM-L) districts, and contiguous parcels under common ownership containing
mobile homes where any of the foregoing is presently serving as a primary source of affordable
housing in Monroe County (any of the foregoing being an "eligible sender site") by providing an
alternative development strategy to straightforward market -rate redevelopment; and
WHEREAS, the program outlined in §130-161.1 allows the transfer of market -rate
ROGO exemptions associated with lawfully established dwelling units now existing at an
Page 2 of 5 (Bocc Dec. 11, 2013)
eligible sender site to be transferred to another site or sites in exchange for maintaining an equal
or greater number of deed -restricted affordable dwelling units within Monroe County; and
WHEREAS, the Agreement also approves a conceptual site plan for development on the
Oceanside site subject to fturther site plan approval by the Planning Commission; and
WHEREAS, the development agreement approves the addition of 78 residential
dwelling units, which may be used as vacation rentals, up to 5 hotel rooms, a new restaurant, and
other improvements related to the existing marina and accessory development; and
WHEREAS, the Monroe County Planning Commission held a public hearing at its
meeting on November 15, 2013; and
WHEREAS, at the November 15, 2013, public hearing, the Planning Commission
formally requested and recommended:
a. revision to the development agreement to modify affordable housing income types of
the 46 affordable housing units at the sender sites from 100 percent moderate -income to
an approximate combination of 50 percent moderate -income, 25 percent median -income
and 25 percent low-income;
b. to expressly limit the height of all structures to 35 feet or less; and
c. to modify the proposed duration of rent -controlled leases for existing mobile home
residents from five years to seven years; and
WHEREAS, based upon the information and documentation submitted, the Board of
County Commissioners makes the following Findings of Fact:
1. The receiver site, Oceanside, 5950 and 5970 Peninsular Avenue, Stock Island, is
located within a Mixed Use (MU) Land Use (Zoning) District. Further, it is
designated within a Mixed Use / Commercial (MC) category on the Future Land
Use Map (FLUM) and within a Tier III district on the Tier Overlay District Map;
2. The Summerland Site, a sender site, 24930 Overseas Highway, Summerland Key, is
located within an Urban Residential Mobile Home (URM) Land Use (Zoning)
District. Further, it is designated within a Residential High (RH) category on the
Future Land Use Map (FLUM) and within a Tier III district on the Tier Overlay
District Map;
3. The Cudjoe Site, a sender site, 21585 Old State Road 4A, Cudjoe Key, is located
partially within Native Area (NA), Urban Residential Mobile Home (URM) and
Suburban Commercial (SC) Land Use (Zoning) Districts. Further, it is designated
partially within Residential Conservation (RC), Residential High (RH) and Mixed
Use / Commercial (MC) categories on the Future Land Use Map (FLUM) and within
a Tier III district on the Tier Overlay District Map;
4. The Stock Island Site, a sender site, 5176 Suncrest Road, Stock Island, is located
partially within Mixed Use (MU) and Native Area (NA) Land Use (Zoning)
Districts. Further, it is designated partially within Mixed Use / Commercial (MC)
Page 3 of 5 (Bocc Dec. 11, 2013)
.
and Residential Conservation (RC) categories on the Future Land Use Map (FLUM)
and within Tier I or III districts on the Tier Overlay District Map (affordable housing
would be located entirely within the Tier III portion of the site);
5. On July 30, 2013, the development agreement was reviewed by the Development
Review Committee;
6. The Monroe County Planning Commission held a public hearing at its meeting on
November 15, 2013, which was the first of two required public hearings, and
recommended approval to the Board of County Commissioners in Resolution P29-
13;
7. Florida Statutes § 163.3220 authorizes Monroe County to enter into development
agreements with landowners and/or governmental agencies to encourage a stronger
commitment to comprehensive and capital facilities planning, ensure the provision
of adequate public facilities for development, encourage the efficient use of
resources, and reduce the economic cost of development; and
WHEREAS, based upon the information and documentation submitted, the Board of
County Commissioners makes the following Conclusions of Law:
1. The request is consistent with the provisions and intent of the Monroe County Code;
2. The request is consistent with the provisions and intent of the Monroe County Year
2010 Comprehensive Plan;
3. The request is consistent with the provisions and intent of the Lower Keys (MM 14.2
— 29.0) Livable CommuniKeys Plan;
4. The request is consistent with the Master Plan for the Future Development of Stock
Island and Key Haven, also known as the Stock Island/Key Haven CommuniKeys
Plan;
5. The request is consistent with the Principles for Guiding Development in
the Florida Keys Area of Critical State Concern;
6. The development agreement is required as part of an affordable housing incentive
program as set forth in § 130-161.1 of the Monroe County Code and furthers the
provision of affordable housing in Monroe County;
7. The 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;
Page 4 of 5 (Bocc Dec. 11, 2013)
I.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the preceding Findings of
Fact and Conclusions of Law support its decision to APPROVE the proposed Development
Agreement between Monroe County; Summerland Palms Investors, LLC; Coco Palms
Developers, LLC; Suncrest Landing, LLC; Singh Investors, LLC; and Oceanside Investors, LLC.
PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS of
Monroe County, Florida, at a regular meeting held on the 11TH of December, 2013.
Mayor Sylvia Murphy Yes
Mayor pro tem Danny L. Kohlage Yes
Commissioner Heather Carruthers Yes
Commissioner George Neugent yes
Commissioner David Rice vpG
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, ORIDA
BY:
MaydSylviaXlurphy
HEAVILIN, CLERK
Page 5 of 5 MOCC Dec. 11, 2013)
mumRGOUT jy ATTORNEY
APPROVED AS TO FOAM
SDSAN M, GSLEY
ASS;STt1v? „OUNTY ATTORNEY
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1 Filed & Recorded in Official Records cf
MONROE COUNTY AMY HEAVILIN Bka 2663 Pg# 1918
2
3
4 DEVELOPMENT AGREEMENT
6 THIS DEVELOPMENT AGREEMENT ("Agreement') is entered into on the / /`day
7 of be-dzm be r 2013, by and between Monroe County, Florida, a Political
8 Subdivision of the State of Florida ("Monroe County'), Summerland Palms Investors, LLC, a
9 Florida limited liability company ("Summerland Palms'j, Coco Palms Developers, LLC, a
10 Florida limited liability company, ("Coco Palms Developers"), Suncrest Landing, LLC, a
11 Florida limited liability company ("Suncrest"), Singh Investors, LLC, a Florida limited liability
12 company ("Singh investors"), and Oceanside Investors, LLC, a Florida limited liability
13 company ("Oceanside Investors") (collectively, the "Parties'), pursuant to Sections 110-132,
14 110-133, and 130-161.1 of the Monroe County, Florida, Code of Ordinances ("Monroe County
15 Code's, and the Florida Local Government Development Agreement Act, Florida Statutes
16 Sections 163.3220-163.3243 (2013), and is binding on the "Effective Date" set forth herein:
17
18 WITNESSETH:
19
20 The Parties hereby agree as follows:
21
22 I. RECITALS
23 A. This Agreement involves the redevelopment of property located at 5950 and 5970 Peninsular
24 Avenue, Stock Island, Florida. The site has historically been known as Key West Oceanside
25 Marina and, individually, it is referred to as "Oceanside Property" herein this Agreement.
26
27 B. This Agreement involves the transfer of Transferable Residential Rate of Growth Ordinance
28 Exemptions (TRE's), from Sender Sites at 24930 Overseas Highway, Summerland Key,
29 Florida, 21585 Old State Road 4A, Cudjoe Key, Florida and 5176 Suncrest Road, Stock
30 Island, Florida to the Oceanside Property, a Receiver Site, at 5950 and 5970 Peninsular
31 Avenue, Stock Island, Florida in accordance with Monroe County Code Section 130-161.1.
32 Collectively, these sites are referred to as the "Properties" herein this Agreement.
33
34 C. All Parties have the authority to enter into this Agreement through Florida Statutes Chapter
35 163 and the sole and undivided ownership of the Properties.
36
37 D. Section 163.3220, Florida Statutes, authorizes Monroe County to enter into development
38 agreements with landowners and/or governmental agencies to encourage a stronger
39 commitment to comprehensive and capital facilities planning, ensure the provision of
40 adequate public facilities for development, encourage the efficient use of resources, and
41 reduce the economic cost of development.
42
43 E. This Agreement, among other things, is intended to and shall constitute a development
44 agreement among the Parties pursuant to the Florida Local Government Development
45 Agreement Act, Section 163.3223, et seq., Florida Statutes (the "Act").
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2 F. The Parties recognize that the public noticing and hearing procedures shall follow the
3 requirements of Section 163.3225, Florida Statutes, which requires the local government to
4 conduct two public hearings, one of which may be before the Planning Commission.
5
6 G. Monroe County finds that entering into this Agreement furthers the purposes, goals,
7 objectives and policies of the Monroe County Comprehensive Plan which contains goals and
8 objectives that seek to encourage the provision of affordable housing through incentive
9 programs and regulations (including but not limited to Goal 601, Objective 601.1, Objective
10 601.2 and Objective 601.6).
11
12 H. Monroe County Code Section 130-161.1 encourages the redevelopment of mobile home sites
13 to encourage the establishment/preservation of deed restricted affordable housing in
14 exchange for the ability to transfer an equal number or lesser number of TRE's associated
15 with market -rate, permanent residential dwelling units.
16
17 I. Monroe County Code Section 130-161(a)(1) intends "to establish an appropriate incentive
18 for mobile home park owners to maintain mobile home park sites, mobile home
19 developments in [Urban Residential Mobile Home ("URM') and Urban Residential Mobile
20 Home Limited ("URM-L") Land Use Districts), and contiguous parcels under common
21 ownership containing mobile homes where any of the foregoing is presently serving as a
22 primary source of affordable housing in Monroe County (any of the foregoing being a
23 "eligible sender site") by providing an alternative development strategy to straightforward
24 market -rate redevelopment. This program is intended to allow the transfer of market rate
25 ROGO exemptions associated with lawfully established dwelling units now existing at an
26 eligible sender site to be transferred to another site or sites in exchange for maintaining an
27 equal or greater number of deed -restricted affordable dwelling units within Monroe County.
28 This program seeks to address the housing needs of the Florida Keys as a regional
29 obligation."
30
31 J. Monroe County Code Section 130-161.1(2)(b)(i)(ii)(iii) requires approval of a development
32 agreement and a minor conditional use permit in order to transfer the market -rate TRE's
33 attributable to sites with more than ten (10) mobile homes.
34
35 K. Oceanside Property, 5950 and 5970 Peninsular Avenue, Stock Island, Florida is generally
36 described as follows:
37
38 1. Oceanside Investors owns that certain real property located at 5950 and 5970 Peninsular
39 Avenue, Stock Island, Florida ("Oceanside Property"). A copy of the Special Warranty
40 Deed evidencing Oceanside Investors' ownership is attached as Exhibit 1. Historically
41 and currently the Oceanside Property was and is being used for residential, commercial
42 retail and marina uses.
43
44 2. The Oceanside Property is legally described as Block 60, portions of Lots 1, 2 and 3,
45 Block 61, portions of Lots 1, 2 and 3, the portion of Maloney Avenue lying between
46 Blocks 60 and 61, McDonald's Plat, Plat Book 1, Page 55 also described as parcel of land
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in Sections 26, 34, 35 and 36, Township 37 South and Range 25 East. A complete legal
description is provided in Exhibit 2.
4 3. As of the date of this Agreement, the Oceanside Property is assessed by the Monroe
5 County Property Appraiser as real estate numbers 00127420.000000 and
6 00127420.000100.
8 4. The Oceanside Property currently has a Mixed Use ("MU") Land Use (Zoning) District
9 designation and a corresponding Mixed Use Commercial ("MC") Future Land Use Map
10 designation. A copy of the Land Use District Map and Future Land Use Map for the
11 Oceanside Property is attached as Exhibit 3.
12
13 5. The Oceanside Property currently has a Tier Overlay District designation of Tier III.
14
15 6. The Oceanside Property consists of 19.84 acres, including 11.18 acres of upland and 8.66
16 acres of submerged land.
17
18 7. Since September 15, 1986, marinas in the MU Land Use (Zoning) District require a
19 major conditional use permit. Since the Oceanside Property was lawfully developed with
20 a marina prior to September 15, 1986, the Oceanside Property is deemed to have a major
21 conditional use permit in accordance with Monroe County Code Section 101-4(c).
22
23 8. In 1996, the Oceanside Investors' predecessor in interest applied for a minor conditional
24 use permit for part of the Oceanside Property, 5970 Peninsular Avenue (real estate
25 #00127420.000100 only). The approval is memorialized by Development Order #12-96,
26 approved by the Monroe County Director of Planning on July 23, 1996 and recorded in
27 the official records of Monroe County on September 6, 1996. The permit allowed for the
28 construction of a 9,600 square foot storage building and other associated accessory
29 improvements. A copy of Development Order # 12-96 is attached as Exhibit 4.
30
31 9. In 1997, the Oceanside Investors' predecessor in interest applied for an amendment to the
32 major conditional use permit for part of the current Oceanside Property, 5950 Peninsular
33 Avenue (real estate #00127420.000000 only). The approval is memorialized by Planning
34 Commission Resolution #P52-97, approved by the Monroe County Planning Commission
35 at a public hearing on July 10, 1997, signed by the Monroe County Planning Commission
36 Chair on August 18, 1999 and recorded in the official records of Monroe County on
37 August 24, 1999. The amendment allowed for the construction of twenty-two (22)
38 attached, market rate residential dwelling units; one (1) boat storage building; an addition
39 to an existing restaurant; and other associated accessory improvements. A copy of
40 Planning Commission Resolution #P52-97 is attached as Exhibit 5.
41
42 10. Following the issuance of Planning Commission Resolution #P52-97, Oceanside
43 Investors' predecessor in interest and subsequent owner Douglas Walker's successor in
44 interest, Kings Pointe Marina, LLC ("Kings Pointe"), acquired the adjacent property,
45 5970 Peninsular Avenue.
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1 11. Following the issuance of Planning Commission Resolution #P52-97, the twenty-two
2 (22) attached, market rate residential dwelling units approved by Planning Commission
3 Resolution #P52-97 were constructed and sold under condominium ownership. As such
4 the residential dwelling units are not part of the Oceanside Property.
5
6 12. In 1999, Monroe County, the State of Florida Department of Community Affairs (now
7 Department of Economic Opportunity), Paradise Island Park, Inc. and Key West
8 Oceanside Marina entered into a development agreement allowing the transfer of 22
9 market -rate TRE's from Paradise Island Park to the Oceanside Property. The
10 development agreement was recorded in the official records of Monroe County on April
11 7, 2000 (Book #1627, Pages #444 through #468).
12
13 13. In 2007, the Oceanside Investors' predecessor in interest applied for an amendment to a
14 major conditional use permit for the Oceanside Property, 5950 and 5970 Peninsular
15 Avenue (real estate #00127420.000000 and real estate #00127420.000100, as well as
16 other property associated with a condominium development). The approval is
17 memorialized by Planning Commission Resolution 021-07, approved by the Monroe
18 County Planning Commission at a public hearing on April 11, 2007, signed by the
19 Planning Commission Chair on May 9, 2007 and recorded in the official records of
20 Monroe County on July 13, 2007. The amendment allowed for the demolition of several
21 buildings and construction of thirty-two (32) attached, market -rate residential dwelling
22 units; two (2) boat barns; eight (8) wet slips; and other associated accessory
23 improvements. A copy of Planning Commission Resolution 021-07 is attached as
24 Exhibit 6.
25
26 14. The scope of work approved by Planning Commission Resolution #P21-07 was only
27 partially completed. As of the date of this Agreement, development on the Oceanside
28 Property consists of twenty-two (22) attached, market rate dwelling units (under
29 condominium ownership); a 372 square foot pool house; a 30,090 square foot metal
30 building; 16,109 square foot metal building; a 2,214 square foot tackle shop; a 552 square
31 foot fuel building; a 784 square foot Dock master office; a 1,232 square foot bath house;
32 a 4,500 square foot restaurant; a 102 square foot guard house; and a 22,000 square foot
33 boat barn (under condominium ownership).
34
35 15.Oceanside Investors owns and holds the rights associated with thirty-two (32) TRE's and
36 thirty-two (32) Transferable Development Rights ("TDRs") which have been assigned
37 identifier numbers A-0267 through A-0298 The TRE's and TDR's are recognized as
38 eligible to transfer by Development Order #02-07, issued to Overseas Redevelopment
39 Company ("ORC'�. The development order was signed by the Director of Planning and
40 Environmental Resources on April 18, 2007 and recorded in the official records of
41 Monroe County on June 8, 2007. A copy of Development Order #02-07 and proof of
42 Oceanside Investors' ownership of the 32 TDR's and 32 TRE's recognized by
43 Development Order #02-07 is attached as Exhibit 7.
44
45 16. Oceanside Investors has the right to transfer the 32 TDR's and 32 TRE's recognized by
46 Development Order #02-07 off -site to the Oceanside Property, pursuant to Development
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1 Order #02-07 and provided the provisions of the Monroe County Comprehensive Plan
2 and the Monroe County Code are met.
3
4 L. Summerland Palms, 24930 Overseas Highway, Summerland Key, Florida is generally
5 described as follows:
6
7 1. Summerland Palms Investors owns that certain real property located at 24930 Overseas
8 Highway, Summerland Key, Florida ("Summerland Palms Property"). A copy of the
9 Special Warranty Deed evidencing Summerland Palms Investors' ownership is attached
10 as Exhibit 8. Historically and currently the Summerland Palms Property was and is used
11 as a mobile home park.
12
13 2. The Summerland Palms Property is legally described as Lot 55 and a portion of Lot 54,
14 Summerland Yacht Harbor, Plat Book 2, Page 142. A complete legal description is
15 provided in Exhibit 9.
16
17 3. As of the date of this Agreement, the Summerland Palms Property is assessed by the
18 Monroe County Property Appraiser as real estate numbers 00194741.000100,
19 00194741.000200, 00194741.000300, 00194741.000400, 00194741.000500,
20 00194741.000600, 00194741.000700, 00194741.000800, 00194741.000900,
21 00194741.001000, 00194741.001100, 00194741.001200, 00194741.001300,
22 00194741.001400, 00194741.001500, 00194741.001600, 00194741.001700,
23 00194741.001800, 00194741.001900, 00194741.002000, 00194741.002100, and
24 00194741.002200.
25
26 4. The Summerland Palms Property currently has an Urban Residential Mobile Home
27 ("URM'l Land Use (Zoning) District designation and a Residential High ("RH'I Future
28 Land Use Map designation. A copy of the Land Use District Map and Future Land Use
29 Map for the Summerland Palms Property is attached as Exhibit 10.
30
31 5. The Summerland Palms Property currently has a Tier Overlay District designation of Tier
32 III.
33
34 6. On November 7, 2013, the Monroe County Director of Planning and Environmental
35 Resources issued a Letter of Development Rights Determination stating that the
36 Summerland Palms Property is entitled to twenty-two (22) Residential Rate of Growth
37 Ordinance (ROGO) exemptions. The letter is attached as Exhibit 11.
38
39 M. Cudjoe Coco Palms, 21585 Old State Road 4A, Cudjoe Key, Florida is generally described
40 as follows:
41
42 1. Coco Palms Developers, LLC owns that certain real property located at 21585 Old State
43 Road 4A, Cudjoe Key, Florida ('Cudjoe Coco Palms Property D. A copy of the Quit
44 Claim Deed evidencing Coco Palms Developers' ownership is attached as Exhibit 12.
45 Historically and currently the Cudjoe Coco Palms Property was and is used as a mobile
46 home/recreational vehicle park.
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1
2 2. The Cudjoe Coco Palms Property is legally described as Lot 30 Sacarma, Plat Book 2,
3 Page 48. A complete legal description is provided in Exhibit 13.
4
5 3. As of the date of this Agreement, the Cudjoe Coco Palms Property is assessed by the
6 Monroe County Property Appraiser as real estate number 00174960.000000.
7
8 4. The Cudjoe Coco Palms Property currently has Urban Residential Mobile Home
9 ("URM'), Native Area ("NA") and Suburban Commercial ("SC") Land Use (Zoning)
10 District designations and Mixed Use Commercial ("MC'), Residential Conservation
11 ("RC") and Mixed Use Commercial ("MC") Future Land Use Map designations. A copy
12 of the Land Use District Map and Future Land Use Map for the Cudjoe Coco Palms
13 Property is attached as Exhibit 14.
14
15 5. The Cudjoe Coco Palms Property currently has a Tier Overlay District designation of
16 Tier III.
17
18 6. On November 26, 2013, the Monroe County Director of Planning and Environmental
19 Resources issued a Letter of Development Rights Determination stating that the Cudjoe
20 Coco Palms Property is entitled to seventeen (17) Residential Rate of Growth Ordinance
21 (ROGO) exemptions. The letter is attached as Exhibit 15.
22
23 N. Suncrest, 5176 Suncrest Road, Stock Island is generally described as follows:
24
25 1. Suncrest owns that certain real property located at 5176 Suncrest Road, Stock Island,
26 Florida ("Stock Island Suncrest Property"). A copy of the Warranty Deed evidencing
27 Suncrest's ownership is attached as Exhibit 16. Historically and currently the Stock
28 Island Suncrest Property was and is used as a mobile home park.
29
30 2. The Stock Island Suncrest Property is legally described as Lots 27 and 28 Sun Krest, Plat
31 Book 1, Page 107. A complete legal description is provided in Exhibit 17.
32
33 3. As of the date of this Agreement, the Stock Island Suncrest Property is assessed by the
34 Monroe County Property Appraiser as real estate number 00132680.0000000.
35
36 4. The Stock Island Suncrest Property currently has Mixed Use ("MU") and Native Area
37 ("NA") Land Use (Zoning) District designations and Mixed Use Commercial ("MCI)
38 and Residential Conservation ("RC') Future Land Use Map designations. A copy of the
39 Land Use District Map and Future Land Use Map for the Stock Island Suncrest Property
40 is attached as Exhibit 18.
41
42 5. The Stock Island Suncrest Property currently is divided with Tier Overlay District
43 designations of Tier III and Tier I.
44
45 6. On November 14, 2013, the Monroe County Director of Planning and Environmental
46 Resources issued a Letter of Development Rights Determination stating that the Stock
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1 Island Suncrest Property is entitled to seven (7) Residential Rate of Growth Ordinance
2 (ROGO) exemptions. The letter is attached as Exhibit 19.
3
4 7. Singh Investors currently has a purchase and sale agreement with Suncrest to acquire the
5 Stock Island Suncrest Property ("Suncrest Purchase Agreement"). A copy of the redacted
6 Suncrest Purchase Agreement is attached as Exhibit 20.
7
g II. PURPOSE
9
10 A. The overall purpose of this Agreement is to allow the Parties to implement the provisions of
11 Monroe County Code Section 130-161.1 as applied to the Properties in order to insure the
12 continued provision of needed affordable housing in the unincorporated Lower Keys.
13
14 B. The Agreement allows the redevelopment of property located at 5950 and 5970 Peninsular
15 Avenue, Stock Island, Florida, in compliance with all applicable provisions of Florida
16 Statutes, the Principles for Guiding Development in the Florida Keys Area of Critical State
17 Concern, the Monroe County Comprehensive Plan, the Master Plan for the Future
18 Development of Stock Island and Key Haven, and the Monroe County Code.
19
20 C. The Agreement allows the Parties to implement the provisions of Monroe County Code
21 Section 130-161.1 as applied to the Properties in order to supply needed affordable housing
22 in the unincorporated Lower Keys and to allow for a reasonable use of the Properties by
23 allowing the transfer of market -rate permanent residential TRE's lawfully associated with the
24 Sender Sites to the Receiver Site.
25
26 D. Summerland Palms and Singh Investors desire to transfer the THE rights ("Summerland
27 TRE's"), attributable to twenty-two (22) lawfully -established and recognized market -rate,
28 permanent residential dwelling units, from the Summerland Palms Property to the Oceanside
19 Property. Simultaneously therewith, Summerland Palms and Singh Investors agree to deed
30 restrict the twenty-two (22) residential dwelling units at the Summerland Palms Property and
31 to maintain those residential dwelling units as affordable housing pursuant to Monroe County
32 Code Section 130-161.1.
33
34 E. This Agreement will allow for a reasonable use of the Summerland Palms Property and
35 Oceanside Property by allowing the transfer of market rate TRE's to the eligible receiver site
36 of Oceanside Property, while assuring preservation on the Summerland Palms Property of an
37 equivalent number of residential dwelling units as affordable housing
38
39 F. Coco Palms Developers desire to transfer the THE rights ("Coco Palms TRE's'), attributable
40 to seventeen (17) lawfully -established and recognized market -rate, permanent residential
41 dwelling units from the Cudjoe Coco Palms Property to the Oceanside Property.
42 Simultaneously therewith, Coco Palms Developers agrees to deed restrict the seventeen (17)
43 residential dwelling units at the Cudjoe Coco Palms Property and to maintain those
44 residential dwelling units as affordable housing pursuant to Monroe County Code Section
45 130-161.1.
46
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1 G. This Agreement will allow for a reasonable use of the Cudjoe Coco Palms Properly and
2 Oceanside Property by allowing the transfer of market -rate TRE's to the eligible receiver site
3 of Oceanside Property, while assuring preservation on the Cudjoe Coco Palms Property of an
4 equivalent number of residential dwelling units as affordable housing.
5
6 H. Suncrest and Singh Investors desire to transfer the THE rights ("Suncrest TRE's"),
7 attributable to seven (7) lawfully -established and recognized market -rate, permanent
8 residential dwelling units from the Stock Island Suncrest Property to the Oceanside Property.
9 Simultaneously therewith, Suncrest and Singh Investors agree to deed restrict the seven (7)
10 residential dwelling units at the Stock Island Suncrest Property and to maintain those
11 residential dwelling units as affordable housing pursuant to Monroe County Code Section
12 130-161.1.
13
14 I. This Agreement will allow for a reasonable use of the Stock Island Suncrest Property and
15 Oceanside Property by allowing the transfer of market -rate TRE's to the eligible receiver site
16 of Oceanside Property, while assuring preservation on the Stock Island Suncrest Property of
17 an equivalent number of residential dwelling units as affordable housing.
18
19 J. Summerland Palms, Coco Palms Developers, Singh Investors, Suncrest and Oceanside
20 Investors have authorized Barton W. Smith, Esq. to execute this Agreement on their behalf.
21 A copy of Summerland Palms, Singh Investors, Suncrest, and Oceanside Investors' agency
22 authorization is attached hereto at Exhibit 21.
23
24 III. AGREEMENT REQUIREMENTS
25
26 A. Recitals. The recitals explaining the intent and purpose of the project as set forth in the
27 preceding clauses are incorporated herein and form a material part of this Agreement. The
28 Parties recognize the binding effect of Florida Statutes Sections 163.3220-163.3243, as to the
29 form and content of this Agreement and in accordance therewith set forth and agree to the
30 following.
31
32 B. Legal Description and Ownership. The legal descriptions for the Properties subject to this
33 Agreement are set forth in Exhibits 2, 9, 13, and 17.
34
35 C. Duration of Agreement. This Agreement shall remain in effect for ten (10) years from the
36 "Effective Date" as defined herein, and may be extended by mutual consent of the Parties
37 and approval at a public hearing, in accordance with Section 163.3229, Florida Statutes. For
38 the duration of this Agreement, the Parties agree that any development shall comply with and
39 be controlled by this Agreement, the Monroe County Code, and the Monroe County
40 Comprehensive Plan governing the development of land in effect on the date of execution of
41 this Agreement, in accordance with Section 163.3220, Florida Statutes.
42
43 D. Permitted Uses.
44
45 1. Oceanside Property, 5950 and 5970 Peninsular Avenue, Stock Island:
46
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1 a. The Oceanside Property currently has a MU Land Use (Zoning) District designation
2 and a corresponding MC Future Land Use Map designation.
3
4 b. In accordance with this Agreement and with the MC Future Land Use Map category,
5 as set forth in Monroe County Comprehensive Plan Policy 101.4.5, the permitted uses
6 in the MC Future Land Use Map category include commercial retail; office;
7 commercial fishing; attached residential dwelling unit; hotels; marinas and accessory
8 uses.
9
10
c.
In accordance with this Agreement and with the MU Land Use (Zoning) District, as
11
set forth in Monroe County Code Section 130-88, and in compliance with other
12
provisions of the Code, the permitted uses in the MU Land Use (Zoning) District
13
include commercial retail; office; commercial fishing; attached residential dwelling
14
unit; hotels; marinas and accessory uses.
15
16
d.
In accordance with this Agreement and with the vacation rental provisions, as set
17
forth in Monroe County Code Section 134-1, vacation rentals may occur, and a
18
vacation rental permit is not required for a vacation rental of a dwelling unit located
19
within a controlled access, gated community with a homeowner's or property owner's
20
association that expressly regulates or manages vacation rental uses.
21
22
e.
The redevelopment of the Oceanside Property includes the addition of up to seventy-
23
eight (78) new, market rate residential dwelling units, which may be used as vacation
24
rentals, up to five (5) new hotel rooms, a new restaurant, and other improvements
25
related to the existing marina and accessory development. Including the existing
26
twenty-two (22) condominium permanent residential units, the residential density
27
would not exceed one -hundred (100) permanent residential units and five (5) transient
28
units. Not including accessory structures related to the residential uses, the
29
nonresidential intensity shall not exceed 40,000 square feet.
30
31
f.
The height of any new structure associated with the redevelopment of the Oceanside
32
Property shall not exceed 35 feet, according to the Monroe County Code in effect at
33
the time of the execution of this Agreement.
34
35
2. Summerland Palms Property, 24930 Overseas Highway, Summerland Key, Florida:
36
37
a.
The Surnmerland Palms Property currently has an Urban Residential Mobile Home
38
("URM'I Land Use (Zoning) District designation and a Residential High ("RH'�
39
Future Land Use Map designation.
40
41
b.
In accordance with this Agreement and with the RH Future Land Use Map category,
42
as set forth in Monroe County Comprehensive Plan Policy 101.4.4, the permitted uses
43
in the RH Future Land Use Map category include mobile homes, detached residential
44
dwellings and accessory uses. Mobile homes and detached residential dwellings are
45
eligible to be deed -restricted as affordable housing.
46
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1 c. In accordance with this Agreement and with the URM Land Use (Zoning) District, as
2 set forth in Monroe County Code Section 130-99, and in compliance with other
3 provisions of the Code, the permitted uses in the URM Land Use (Zoning) District
4 include mobile homes, detached residential dwellings and accessory uses. Mobile
5 homes and detached residential dwellings are eligible to be deed -restricted as
6 affordable housing.
7
8 d. The Summerland Palms Property shall be developed with twenty-two (22) mobile
9 homes (or other allowed types of residential dwelling units). All twenty-two (22)
10 residential dwelling units shall be deed -restricted as affordable housing pursuant to
11 the Monroe County Code.
12
13 e. If any mobile home is replaced with a new mobile home or other type of permitted
14 residential dwelling unit, the height of any new structure shall not exceed 35 feet,
15 according to the Monroe County Code in effect at the time of the execution of this
16 Agreement.
17
18 3. Cudjoe Coco Palms Property, 21585 Old State Road 4A, Cudjoe Key, Florida:
19
20 a. The Cudjoe Coco Palms Property currently is divided with Urban Residential Mobile
21 Home ("URM'% Native Area ("NA'� and Suburban Commercial ("SC") Land Use
22 (Zoning) District designations and Mixed Use Commercial ("MC"), Residential
23 Conservation ("RC'j and Residential High (RH) Future Land Use Map designations.
24
25 b. In accordance with this Agreement and with the RH Future Land Use Map category,
26 as set forth in Monroe County Comprehensive Plan Policy 101.4.4, the permitted uses
27 in the RH Future Land Use Map category include mobile homes, detached residential
28 dwellings and accessory uses. Mobile homes and detached residential dwellings are
29 eligible to be deed -restricted as affordable housing.
30
31 c. In accordance with this Agreement and with the URM Land Use (Zoning) District, as
32 set forth in Monroe County Code Section 130-99, and in compliance with other
33 provisions of the Code, the permitted uses in the URM Land Use (Zoning) District
34 include mobile homes, detached residential dwellings and accessory uses. Mobile
35 homes and detached residential dwellings are eligible to be deed -restricted as
36 affordable housing.
37
38 d. In accordance with this Agreement and with the RC Future Land Use Map category,
39 as set forth in Monroe County Comprehensive Plan Policy 101.4.1, the permitted uses
40 in the RC Future Land Use Map category include detached residential dwellings and
41 accessory uses. Detached residential dwellings are eligible to be deed -restricted as
42 affordable housing.
43
44 e. In accordance with this Agreement and with the NA Land Use (Zoning) District, as
45 set forth in Monroe County Code Section 130-89, and in compliance with other
46 provisions of the Code, the permitted uses in the NA Land Use (Zoning) District
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include detached residential dwellings and accessory uses. Detached residential
dwellings are eligible to be deed -restricted as affordable housing.
4 f. In accordance with this Agreement and with the MC Future Land Use Map category,
5 as set forth in Monroe County Comprehensive Plan Policy 101.4.5, the permitted uses
6 in the MC Future Land Use Map category include detached and attached residential
7 dwellings and accessory uses. Attached and detached residential dwellings are
8 eligible to be deed -restricted as affordable housing.
10 g. In accordance with this Agreement and with the SC Land Use (Zoning) District, as
11 set forth in Monroe County Code Section 130-93, and in compliance with other
12 provisions of the Code, the permitted uses in the SC Land Use (Zoning) District
13 include detached and attached residential dwellings in the form of employee housing
14 and commercial apartments and accessory uses. Attached and detached residential
i5 dwellings are eligible to be deed -restricted as employee/affordable housing or
16 commercial apartment/affordable housing.
17
i8 h. The Cudjoe Coco Palms Property shall be developed with seventeen (17) mobile
19 homes (or other allowed types of residential dwelling units). All seventeen (17)
20 residential dwelling units shall be deed -restricted as affordable housing pursuant to
21 the Monroe County Code.
22
23 i. If any mobile home is replaced with a new mobile home or other type of permitted
24 residential dwelling unit, the height of any new structure shall not exceed 35 feet,
25 according to the Monroe County Code in effect at the time of the execution of this
26 Agreement.
27
28 4. Stock Island Suncrest Property, 5176 Suncrest Road, Stock Island:
29
30 a. The Stock Island Suncrest Property currently is divided with Mixed Use ("MU'D and
31 Native Area ("NA") Land Use (Zoning) District designations and Mixed Use
32 Commercial ("MC'� and Residential Conservation ("RC") Future Land Use Map
33 designations.
34
35 b. In accordance with this Agreement and with the MC Future Land Use Map category,
36 as set forth in Monroe County Comprehensive Plan Policy 101.4.5, the permitted uses
37 in the MC Future Land Use Map category include detached and attached residential
38 dwellings and accessory uses. Attached and detached residential dwellings are
39 eligible to be deed -restricted as affordable housing.
40
41 c. In accordance with this Agreement and with the MU Land Use (Zoning) District, as
42 set forth in Monroe County Code Section 130-88, and in compliance with other
43 provisions of the Code, the permitted uses in the MU Land Use (Zoning) District
44 include detached and attached residential dwellings and accessory uses. Attached and
45 detached residential dwellings are eligible to be deed -restricted as affordable housing.
46
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1 d. In accordance with this Agreement and with the RC Future Land Use Map category,
2 as set forth in Monroe County Comprehensive Plan Policy 101.4.1, the permitted uses
3 in the RC Future Land Use Map category include detached residential dwellings and
4 accessory uses. Detached residential dwellings are eligible to be deed -restricted as
5 affordable housing.
6
7 e. In accordance with this Agreement and with the NA Land Use (Zoning) District, as
8 set forth in Monroe County Code Section 130-89, and in compliance with other
9 provisions of the Code, the permitted uses in the URM Land Use (Zoning) District
10 include detached residential dwellings and accessory uses. Detached residential
11 dwellings are eligible to be deed -restricted as affordable housing.
12
13 f. The Cudjoe Coco Palms Property shall be developed with seven (7) mobile homes (or
14 other allowed types of residential dwelling units). All seven (7) residential dwelling
15 units shall be deed -restricted as affordable housing pursuant to the Monroe County
16 Code.
17
18 g. If any mobile home is replaced with a new residential dwelling unit, the height of any
19 new structure shall not exceed 35 feet, according to the Monroe County Code in
20 effect at the time of the execution of this Agreement.
21
22 E. Public Facilities. At the sender sites, Summerland Palms, Cudjoe Coco Palms and Stock
23 Island Suncrest, there are no impacts on public facilities since the number of residential
24 dwelling units is derived from pre-existing, lawfully -established mobile homes and the
25 number of residential dwelling units shall not be increased by approval and application of
26 this Agreement. Moreover, at the receiver site, Oceanside, the impact on public facilities is
27 nominal. The numbers of existing residential dwelling units at two of the sender sites,
28 Summerland Palms and Cudjoe Coco Palms, were recognized in the planning for the sewage
29 treatment plant serving the Cudjoe Regional Sewer system. The number of existing
30 residential dwelling units at the other sender site, Stock Island Suncrest, and the receiver site,
31 Oceanside, were recognized in the planning of the sewage treatment plant serving Stock
32 Island. The number of residential dwelling units at the receiver site on Stock Island was
33 accounted for as existing in the data base prepared for the Monroe County 2010
34 Comprehensive Plan.
35
36 1. The Florida Keys Aqueduct Authority provides domestic potable water to each Property.
37 Excluding existing development that may already be metered, the Florida Keys Aqueduct
38 Authority will individually meter each new or replaced residential dwelling unit. In
39 addition, excluding existing development that may already be metered, the Florida Keys
40 Aqueduct Authority will meter other types of development accordingly.
41
42 2. Keys Energy Services provides electric service to each Property. Excluding existing
43 development that may already be metered, Keys Energy Services will individually meter
44 new or replaced residential dwelling units. In addition, excluding existing development
45 that may already be metered, Keys Energy Services will meter other types of
46 development accordingly.
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1
2 3. Solid waste service is provided to each property by a solid waste collection system
3 franchised by Monroe County.
4
5 4. The Oceanside Property and Stock Island Suncrest Property are connected to central
6 sewer via KW Resort Utilities Corp.'s system. The Summerland Palms Property and
7 Cudjoe Coco Palms Property currently utilize on -site systems. The Summerland Palms
8 Property and Cudjoe Coco Palms Property are scheduled to be connected to the Cudjoe
9 Regional Sewer System.
10
11 F. Reservation or Dedication of Land. There is no reservation or dedication of land for public
12 purposes contemplated by this Agreement.
13
14 G. Development Allowed. The following specific criteria are those which will guide
15 development of the Properties, and are standards by which any further approvals shall be
16 measured and shall be as follows:
17
18 a. The Oceanside Property consists of 19.84 gross acres consisting of 11.18 acres of
19 upland and 7.66 acres of submerged land. There currently exist twenty-two (22)
20 market -rate residential dwelling units, in the form of condominium units on the
21 property.
22
23 b. Oceanside Investors is permitted to transfer thirty-two (32) market -rate TRE's along
24 with thirty-two (32) TDR's to the Oceanside Property pursuant to the Development
25 Order #02-07.
26
27 c. After an equivalent number of deed -restricted affordable housing units are established
28 on the Summerland Palms Property, Summerland Investors is permitted to transfer
29 market -rate TRE's associated with lawfully established mobile homes from the
30 Summerland Palms Property sender site to the Oceanside Property receiver site
31 pursuant to Monroe County Code Section 130-161.1.
32
33 d. After an equivalent number of deed -restricted affordable housing units are established
34 on the Cudjoe Coco Palms Property, Singh Investors is permitted to transfer the
35 market -rate TRE's associated with lawfully established mobile homes from the
36 Cudjoe Coco Palms Property sender site to the Oceanside Property receiver site
37 pursuant to Monroe County Code Section 130-161.1.
38
39 e. After an equivalent number of deed -restricted affordable housing units are established
40 on the Stock Island Suncrest Property, Suncrest is permitted to transfer the market-
41 rate TRE's associated with lawfully established mobile homes from the Stock Island
42 Suncrest Property sender site to the Oceanside Property receiver site pursuant to
43 Monroe County Code Section 130-161.1.
44
45 f. Provided such development can be designed and approved by all applicable codes,
46 including but not limited to the Monroe County Code and Florida Building Code,
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1 Oceanside Investors is permitted to develop the following buildings, facilities and
2 structures on the Oceanside Property pursuant to this Agreement:
3
4 i. In addition to the already existing twenty-two (22) attached, market -rate
5 residential dwelling units, up to seventy-eight (78) new attached, market -rate
6 residential dwelling units, each of which may be configured to include a
7 separately rentable "lockout" consisting of no more than one (1) bedroom and one
8 (1) bathroom, all of which may be used for vacation rental use, provided
9 Oceanside Investors constructs and 1) installs and maintains a gated entrance and
10 2) establishes a homeowner's or property owner's association that expressly
11 regulates or manages vacation rental uses.
12
13 ii. A hotel with up to five (5) new hotel rooms.
14
15 iii Eight (8) existing wet slips that have existed for over 40 years but have not been
16 properly permitted. Twenty percent (20%) of Oceanside Investors' total wet slips
17 shall be restricted to use by licensed commercial fishing vessels.
38
19 iv. A restaurant with up to 150 seats and up to 3,859 square feet of floor area.
20
21 v. Additional amenities ancillary and accessory to the vacation rental and hotel use,
22 including a lobby, gatehouse, offices, fitness center, bath house, maintenance,
23 housekeeping and watersports consisting of up to 9,352 square feet as depicted on
24 plans submitted with this Agreement.
25
26 vi. A marina store, dock master, and watersport offices consisting of up to 1,973
27 square feet as depicted on plans submitted with this Agreement.
28
29 vii. Parking areas and landscaping
30
31 viii. Public access is permitted to the Oceanside Property from 7:00 a.m. until dusk.
32
33 ix. A copy of the preliminary Design Data, Parking Calculations and
34 Density/Intensity Table is attached as Exhibit 22.
35
36 H. Vacation Rental Use.
37
38 a. Vacation Rental use of each of Oceanside Property's seventy-eight (78) new attached
39 market rate dwelling units, and of each dwelling unit's lockout, shall be allowed,
40 provided that the Oceanside Property is operated as a gated community with an
41 entrance gate and fence surrounding the property and establishes a homeowner's or
42 property owner's association that expressly regulates or manages vacation rental uses.
43 Pursuant to Monroe County Code Section 101-1 "Definitions" a vacation rental unit
44 is defined as "an attached or detached dwelling unit that is rented, leased or assigned
45 for tenancies of less than 28 days duration."
46
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1 b. Pursuant to Monroe County Code Section 134-1(b), Oceanside Investors, its
2 successors and/or assigns shall not be responsible for obtaining "an annual special
3 vacation rental permit for each dwelling unit prior to renting any dwelling unit as a
4 vacation rental, as defined in section 101-1" so long as the Oceanside Property has
5 controlled access, within a gated community with a property owner's association that
6 expressly regulates or manages vacation rental uses.
7
8 I. Rental License. Monroe County Code Section 23-85 requires each person engaged in the
9 business of renting accommodations, including vacation rentals and other public lodgings
10 licensed pursuant to Chapter 509, Florida Statutes, to pay a business tax and to obtain
11 annually a business tax receipt for each place of business at which the rental occurs. Each of
12 the new seventy-eight (78) residential dwelling units and each of the lockouts within such
13 units engaged in Vacation Rental use shall be deemed a "place of business" subject to
14 taxation under Section 23-85. Oceanside Investors, its successors and assigns, so long as all
15 or a portion of the property is used for vacation rentals, shall pay the business tax imposed
16 pursuant to Monroe County Code Section 23-85 for each vacation rental unit and for each
17 lockout utilized for or held out as public lodging, in addition to the five (5) hotel rooms.
i8 Pursuant to this Agreement, Oceanside Investors will be required to obtain a total of one
19 hundred sixty-one (161) business tax receipts, consisting of one receipt for each dwelling
20 unit, one receipt for each lockout, and one receipt for each hotel room and shall pay the
21 business tax for each unit, lockout, and hotel room being utilized in the business of Vacation
22 Rental annually. The tax collector may not accept the tax or issue receipts for the business
23 tax unless the vacation rentals are licensed pursuant to Ch. 509, Florida Statutes.
24
25 J. Deed Restrictions for Affordable Housing. The Summerland Palms Property consists of
26 twenty-two (22) parcels of record, with the mobile home spaces/parcels depicted in a survey
27 of the Summerland Palms Condo Association, Inc. dated August 22, 2007. The Cudjoe Coco
28 Palms Property consists of one (1) parcel of record, with the mobile home spaces depicted in
29 the survey dated September 10, 2013. The Stock Island Suncrest Property consists of one (1)
30 parcel of record, with the mobile home spaces depicted in the survey dated September 10,
31 2013.
32
33 a. The Summerland Palms Property shall have a single 99-year deed -restriction for
34 twenty-two (22) affordable housing units and shall be recorded on all land described
35 in I. Recitals, L. and legally described in Exhibit 9 of this Agreement.
36 b. The Cudjoe Coco Palms Property shall have a single 99-year deed -restriction for
37 seventeen (17) affordable housing units and shall be recorded on all land described in
38 I. Recitals, M. and legally described in Exhibit 13 of this Agreement.
39 c. The Stock Island Suncrest Property shall have a single 99-year deed -restriction for
40 seven (7) affordable housing units and shall be recorded on all land described in I.
41 Recitals, N. and legally described in Exhibit 17 of this Agreement.
42
43 K. Affordability Compliance.
44 a. Affordable housing definitions.
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1
i. Affordable housing means residential dwelling units that meet the following
2
requirements:
3
4
a. Meet all applicable requirements of the United States Department of Housing
5
and Urban Development minimum property standards as to room sizes,
6
fixtures, landscaping and building materials, when not in conflict with
7
applicable laws of the county; and
8
9
b. A dwelling unit whose monthly rent, not including utilities, does not exceed
10
30 percent of that amount which represents either 50 percent (very low
11
income) or 80 percent (low income) or 100 percent (median income) or 120
12
percent (moderate income) of the monthly median adjusted household income
13
for the county.
14
15
ii. Affordable housing owner occupied; low income, means a dwelling unit occupied
16
only by a household whose total household income does not exceed 80 percent of
17
the median monthly household income for the county.
18
19
iii. Affordable housing owner occupied median income, means a dwelling unit
20
occupied only by a household whose total household income does not exceed 100
21
percent of the median monthly household income for the county.
22
23
iv. Affordable housing owner occupied, moderate income, means a dwelling unit
24
occupied only by a household whose total household income does not exceed 160
25
percent of the median monthly household income for the county.
26
27
28
29
vii. Affordable rental housing, low income, means a dwelling unit whose monthly
30
rent, not including utilities, does not exceed 30 percent of the amount that
31
represents 80 percent of the monthly median adjusted household income for the
32
county.
33
34
viii. Affordable rental housing, median income, means a dwelling unit whose monthly
35
rent, not including utilities, does not exceed 30 percent of the amount that
36
represents 100 percent of the monthly adjusted median household income for the
37
county.
38
39
ix. Affordable rental housing, moderate income, means a dwelling unit whose
40
monthly rent, not including utilities, does not exceed 30 percent of the amount
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that represents 120 percent of the monthly median adjusted household income for
the county.
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.
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. A unit within a class of affordable housing eligibility may only be sold to a
household within that same class, i.e., a median income household that purchased
a home within this category must sell the home to a qualifying household within
the median income category.
iv. 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.
v. Pursuant to Monroe County Code Section 130-161(a)(6)i.,when establishing a
rental and sales amount, Monroe County shall assume family size as indicated in
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1 the table below. This section shall not be used to establish the maximum number
2 of individuals who actually live in the unit. This table shall be used in conjunction
3 with the eligibility requirements created by Monroe County Code Section 101-1:
4
Size of Unit I Assumed Family Size Minimum Occupancy
Efficiency (no separate 1 1
One bedroom 2 1
Two bedroom 3 2
Three bedrooms 4 3
I Four or more bedrooms 15 1 per bedroom
5
6 A. Except for tenants of employer -owned rental housing, as set forth in Monroe
7 County Code Section 130-161 (a)(6)k., the income of eligible households shall be
8 determined by counting only the first and highest paid 40 hours of employment
9 per week of each unrelated adult. For a household containing adults related by
10 marriage or a domestic partnership registered with the county, only the highest 60
11 hours of the combined employment hours shall be counted, which shall be
12 considered to be 75 percent of the adjusted gross income. The income of
13 dependents regardless of age shall not be counted in calculating a household's
14 income.
15
16 vii. In the special case of employer -owned rental housing, as defined in Monroe
17 County Code Section 101-1, employees shall be eligible as tenants of the
18 affordable rental housing, if the income of each tenant, as determined following
19 the requirements in Monroe County Code Section 130-161 (a)(6)j., is not more
20 than the 80 percent of the median income adjusted gross income for households
21 within the county. The tenants of this affordable employee housing shall be
22 required to derive at least 70 percent of their income from within the county. The
23 maximum occupancy of employer -owned rental housing for employees shall be
24 no more than two tenants per bedroom; with a maximum of three bedrooms per
25 unit. The total monthly lease charged tenants for each dwelling unit shall not
26 exceed 30 percent of the median adjusted gross annual income for households
27 within the county, divided by 12.
28
29 c. At Monroe County's request, Coco Palms Developers, Singh Investors, Suncrest and
30 Summerland Palms, their successors and/or assigns shall provide Monroe County
31 with an annual report demonstrating compliance with the eligibility requirements of
32 Monroe County Code Section 130-161.
33
34 L. Development and Affordable Housing Standards. The development standards shall be
35 determined by the application of the standards contained in the Monroe County
36 Comprehensive Plan and the Monroe County Code and by the granting of the minor
Page 18 of 30 (November 27, 2013 version)
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1 conditional use permits for the transfer of TRE's to and from the Properties as required by
2 Monroe County Code Section 130-161.1. Further, the following specific standards shall
3 apply to the development or deed restriction of the affordable housing units and to the units
4 enabled by the transfer of the permanent, market -rate TRE's.
5
6 a. Market -rate ROGO exemptions for transfer offsite shall be awarded upon recording
7 the corresponding number of deed restrictions for deed -restricted affordable units or
8 parcels.
9
10 b. Neither tourist housing use nor vacation rental use of the affordable housing units
11 established on the Summerland Palms Property, Cudjoe Coco Palms Property or
12 Stock Island Suncrest Property, or any other affordable housing resulting from this
13 Agreement shall be allowed.
14
15 c. All affordable housing units maintained at the sender site sites under this Agreement
16 and the Monroe County Affordable housing incentive program shall comply with the
17 following affordability criteria:
18
19 i. Lot Rents shall be a sum combination of rent assessed by the property owner to
20 the mobile home owner or tenant, the mortgage for the mobile home owner, if
21 applicable; and monthly homeowner fees charged by the property owner,
22 condominium association, or homeowner association, if applicable. Lot rents for
23 tenant owned dwelling units shall be guided by a ratio of mortgage payment to lot
24 rent, with the combined total not exceeding the maximum thresholds stipulated in
25 the Monroe County Code.
26
27 For example: A 4-person household in a low income bracket renting a 3-bedroom
28 affordable housing unit, under Monroe County Code, can be charged $1,734 per
29 month. Assuming the same 4-person household owned their mobile home with a
30 mortgage payment of $513 and a monthly homeowner's association fee of $100,
31 the resulting lot rent could then be no more than $1,121 per month, and thus the
32 total monthly housing payment would not exceed the allowed $1,734 per month
33 (based on 2013 median income).
34
35 ii. Rents and/or sales prices for resulting deed -restricted affordable housing dwelling
36 units shall be established in accordance with the affordability criteria defined by
37 Monroe County Code.
38
39 iii. At the time of sale of an owner -occupied affordable housing dwelling unit or lot,
40 the total income of the household, eligible to purchase, shall not exceed the same
41 income limits of the category in which the affordable ROGO allocation was
42 originally awarded. The unit and lot rents, at the time of sale, may be adjusted, up
43 or down, to maintain compliance with the Monroe County Code in the manner
44 described above.
45
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iv. At the time of a new rental for affordable housing dwelling unit, the total income
of households eligible to rent shall not exceed the same income limits of the
category in which the affordable ROGO allocation was originally awarded.
d. Monroe County Code Section 130-161.1(c) provides the following requirements for
this Agreement:
8
i. ROGO exemptions transferred under this program may be transferred on a 1 for 1
9
basis where the ROGO exemptions are to be transferred to single-family
10
residential lots or parcels within the same ROGO planning subarea. However,
11
where transfers are to be made to commercial or recreational working waterfronts
12
(as defined by Florida Statutes), or to multi -family projects in non -IS districts, the
13
transfers shall result in no fewer than two deed -restricted affordable or workforce
14
housing units remaining on an eligible sender site(s) for each market rate ROGO
15
exemption transferred. Monroe County Section 130-161.1(c)(ixl) expresses the
16
county's preference for transfer of ROGO exemptions to single-family
17
lots/parcels.
18
19
ii. The eligible sender site property(ies) shall be donated or sold to Monroe County,
20
or otherwise appropriately deed -restricted for long-term affordability. Prior to
21
acceptance of a donated or purchased parcel, all units to be maintained on site
22
shall pass a life safety inspection conducted in a manner prescribed by the
23
Monroe County Building Department. Monroe County may then lease the sender
24
site property to a party who will serve as lessee and sub -lessor of the eligible
25
sender site(s).
26
27
iii The number of transferred ROGO exemptions shall not exceed the number of
28
restricted affordable housing dwelling units maintained at the eligible sender sites.
29
30
iv. The resulting development or redevelopment of affordable housing pursuant to
31
the governing development agreement will be targeted to serve as closely as
32
possible the following household income categories: 25 percent very low income
33
households, 25 percent low income households, 25 percent median income
34
households, and 25 percent moderate income households (or as otherwise
35
approved by the Board of County Commissioners).
36
37 Notwithstanding the preceding sentence, Summerland Palms Investors, Coco
38 Palms Developers, Suncrest, and Singh Investors, subject to each current tenant's
39 discretion, agree to enter into leases with all current tenants occupying the
40 dwelling units to be deed restricted by this Agreement for up to seven (7) years at
41 the current tenant rent rates for each affordable unit (current being at the time this
42 Agreement is executed), subject to reasonable lease terms in accordance with the
43 provisions of the Landlord — Tenant Act, Chapter 83, Florida Statutes, which rent
44 rate shall not be increased by more than the Consumer Price Index for all US
45 Cities January for seven (7) years. In order to maintain compliance with Monroe
46 County Code Section 130-161(a)(6)g. which limits the maximum lease for any
Page 20 of 30 (November 27, 2013 version)
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1 term to three (3) years, Summerland Palms Investors, Coco Palms Developers,
2 Suncrest, and Singh Investors agree to provide initial leases for durations of three
3 (3) years. Upon expiration of the initial leases (three (3) years after the
4 commencement of the initial leases), if the occupants requalify for affordable
5 housing occupancy, their leases shall be renewed for an additional three (3) years
6 at the same rent rates. Upon expiration of the renewal leases (six (6) years after
7 the commencement of the initial leases), if the occupants requalify for the
8 affordable housing occupancy, their leases shall be renewed for an additional one
9 (1) to three (3) years at the same rent rates.
10
11
v. Lot rents and/or sales prices for resulting deed -restricted dwelling units shall be
12
established in accordance with restrictions outlined in Florida Statutes and/or the
13
Monroe County Code.
14
15
vi. All units designated by the applicable development agreement to remain as deed
16
restricted affordable housing at the donated, purchased or appropriately deed-
17
restricted site(s) shall comply with hurricane standards established by the Florida
18
Building Code and habitability standards established under the Florida Landlord
19
and Tenant Act. Compliance shall be accomplished in a manner and within a
20
timeframe set forth in the development agreement or, if applicable, in the relevant
21
minor conditional use.
22
23
In addition, all affordable housing dwelling units shall comply with the Fire Code
24
in regard to placement.
25
26
vii. A development agreement proposed under this program shall not utilize more
27
than 50 percent of the existing affordable housing allocations then available to
28
Monroe County, unless otherwise approved by the Board of County
29
Commissioners.
30
31
viii. All of the redeveloped or preserved affordable housing units, whether
32
redeveloped or retained at the original sender site(s), or at alternate or additional
33
locations, shall remain in the same planning sub -district as the original sender
34
site(s).
35
36
ix. The receiver site shall be located in a Tier III designated area.
37
38
x. The receiver site shall not be located in a velocity (V) zone.
39
40
xi. A property owner cannot receive a certificate of occupancy for any unit
41
constructed as a result of a transferred ROGO exemption until all corresponding
42
eligible sender site units are completed and deed -restricted as affordable dwelling
43
units.
44
45
xii. All or any portion of the redeveloped or preserved affordable housing units may
46
be redeveloped or retained at one or more alternate or additional locations donated
Page 21 of 30 (November 27, 2013 version)
00c" 1962037
Bk" 2663 P9p 1939
1 or sold to Monroe County, identified in the Development Agreement and
2 otherwise compliant with the remainder of this section, including but not limited
3 to the requirements set forth in Monroe County Code Section 130-161.1
4 (2)(c)(i)(2)•
5
6 xiii. Transferred ROGO exemptions shall remain in the same ROGO planning
7 subarea
8
9 e. For Monroe County to monitor receipt of the affordable housing ROGO allocations,
10 the Parties agree the Board of County Commissioners may approve the allocation
11 reservation by resolution concurrent with this development agreement. The resolution
12 and any other resolutions concerning ROGO reservations shall be the controlling
13 documents concerning the allocation reservations and supersede any provisions of
14 this Agreement. It is intended that the initial Resolution be consistent with Monroe
15 County Code Section 138-24(b)(4) as follows:
16
17 i. By a corresponding resolution, the Board of County Commissioners reserves
18 forty-six (46) allocations, comprised of twenty-three (23) moderate income
19 affordable ROGO allocations, twelve (12) median income affordable ROGO
20 allocations, and eleven (11) low income affordable ROGO allocations, for award
21 to the above mentioned mobile home parks until five (5) years from the effective
22 date of this agreement.
23
24 a. Suncrest shall be allocated three (3) low income and four (4) moderate
25 income affordable ROGO allocations.
26 b. Summerland Palms shall be allocated seven (7) low income, ten (10)
27 median income and five (5) moderate affordable ROGO allocations.
28 c. Coco Palms Developers shall be allocated one (1) low income, two (2)
29 median income and fourteen (14) moderate income ROGO allocations.
30
31 ii. The Board of County Commissioners may, at its discretion, place conditions on
32 any reservation as it deems appropriate.
33
34 f. Prior to the transfer of a THE associated with a mobile home that is no longer in
35 existence, an unlawful recreational vehicle or an unsafe mobile home that cannot be
36 improved to meet the habitability standards, the applicant shall construct an
37 affordable housing unit that complies with Monroe County Code and habitability
38 standards.
39
40 g. Pursuant to Monroe County Code Section 130-161(f)(8), upon written agreement
41 between the Monroe County Planning Director and an eligible governmental or
42 nongovernmental entity, the Planning Director may authorize that entity to administer
43 the eligibility and compliance requirements for the Monroe County Planning
44 Department under Monroe County Code Section 130-161(f)(3), (fj(4), (0(5) and
45 (f)(6). Under such an agreement, the eligible entity is authorized to qualify a potential
46 owner -occupier or renter of affordable, employee, or market rate housing developed
Page 22 of 30 (November 27, 2013 version)
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UN 2663 Pgp 1940
1 as part of an employee or affordable housing project, and annually verify the
2 employment and/or income eligibility of tenants pursuant to Section 130-161(f)(2).
3 The entity shall still be required to provide the Monroe County Planning Department,
4 by January 1 of each year, a written certification verifying that tenants of each
5 affordable, employee, or market rate units meet the applicable employment and
6 income requirements of Section 130-161(f)(2). The following governmental and
7 nongovernmental entities shall be eligible for this delegation of authority: a) the
8 county housing authority, not -for -profit community development organizations,
9 pursuant to Section 130-161(e), and other public entities established to provide
10 affordable housing; b) private developers or other nongovernmental organizations
11 participating in a federal/state housing financial assistance or tax credit program or
12 receiving some form of direct financial assistance from Monroe County; or c)
13 nongovernmental organizations approved by the Board of County Commissioners as
14 affordable housing providers.
15
16 Pursuant to this Agreement, the Board of County Commissioners has approved the
17 Parties of this Agreement (other than Monroe County), which are nongovernmental
18 organizations, as an affordable housing provider. Any qualifier chosen by the Parties
19 (other than Monroe County) shall be approved by the Planning Director in accordance
20 with Section 130-161(f)(8).
21
22 M. Site Plan Approval: Monroe County does hereby accept the conceptual site plan of the
23 Oceanside Property. The conceptual site plan is attached as Exhibit 23. The development
24 shall be consistent with all applicable codes, including but not limited to the Monroe County
25 Comprehensive Plan and Monroe County Code. Following a review of compliance with such
26 codes, the final site plan must be approved by the Monroe County Planning Commission as
27 an amendment to the Property's major conditional use permit. The Planning Commission has
28 final authority over development approval and the site plan which may be amended by the
29 Planning Commission.
30
31 N. Military Installation Area of Impact. Oceanside Investors acknowledges and understands
32 the Oceanside Property is within the Military Installation Area of Impact Overlay as defined
33 by the Monroe County Comprehensive Plan. The Oceanside Property is located in the 65 —
34 69 DNL (Day -Night Average Sound Level) noise contour pursuant to the 2013 Navy
35 Environmental Impact Statement. Oceanside Investors agrees to:
36
37 1. Sound attenuate all habitable buildings to achieve an outdoor to indoor Noise Level
38 Reduction (NLR) of at least 25 decibels; and
39
40 2. In any deed conveying a residential unit at the Oceanside Property, Oceanside Investors
41 shall include language in the conveying instrument stating as follows:
42 "The property is located within the Military Installation Area of Impact Overlay
43 and is subject to high noise levels due to Navy operations nearby."
44
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1 O. Finding of Consistency. By entering into this Agreement, Monroe County finds that the
2 development permitted or proposed herein is consistent with the Monroe County
3 Comprehensive Plan and Monroe County Code.
4
5 P. Breach, Amendment, Enforcement, and Termination.
6
7 a. Material Breach: A material breach by the Parties is the failure of any Party to
8 comply with the terms of this Agreement after Notice as provided herein.
9
10 b. Notice: Upon any Parry's material breach of the terms and conditions of this
11 Agreement, the non -breaching Party shall serve written Notice of the breach upon the
12 breaching Party pursuant to the procedure established in this Agreement and shall
13 provide the opportunity, within ninety (90) days of the date such Notice is served, to
14 propose a method of fulfilling the Agreement's terns and conditions or curing the
15 breach. The breaching Party shall be provided an additional ninety (90) days to cure
16 the material breach or to negotiate an amendment to this Agreement within a
17 reasonable time, as mutually agreed to by the Parties. This Agreement is not subject
18 to arbitration and must be amended in accordance with the statutory requirements.
19
20 c. Amendment or Termination: The Parties hereto shall at all times adhere to the
21 terns and conditions of this Agreement. Amendment, termination, extension, or
22 revocation of this Agreement shall be made in accordance with the notification and
23 procedural requirements set forth herein.
24
25 i. Amendments to this Agreement shall subject Parties to the laws and policies in
26 effect at the time of the amendment only if the conditions of Section 163.3233(2),
27 Florida Statutes, are met.
28
29 ii. No modifications, extensions, amendments, or alterations of the terms or
30 conditions contained herein shall be effective unless contained in a written
31 document approved and executed by the Parties.
32
33 iii. Amendment, extension or termination shall require at least two (2) public
34 hearings. The hearings shall be held pursuant to an application filed with Monroe
35 County by the Party seeking to amend or terminate this Agreement, along with the
36 requisite filing fee. Notice of public hearing shall be in accordance with Monroe
37 County Ordinances and Florida Statutes,
38
39 d. Enforcement:
40
41 i. After notice and an opportunity to respond and/or cure the material breach as
42 provided for below. In addition, Monroe County may utilize appropriate code
43 compliance remedies to cure any breach after notice and an opportunity to cure as
44 provided herein.
45
Page 24 of 30 (November 27, 2013 version)
Bkq 266320P9# 1942
1 ii. Monroe County, the other Parties, their successors or assigns, or any aggrieved or
2 any adversely affected person as defined in Section 163.3215(2), Florida Statutes,
3 may file an action for injunctive relief in the Circuit Court of Monroe County to
4 enforce the terms of this Agreement or to challenge compliance with the
5 provisions of Sections 163.3243, Florida Statutes.
6
7 iii. Nothing contained herein shall limit any other powers, rights, or remedies that
8 either party has, or may have in the future, to enforce the terms of this Agreement.
9
10 Q. Binding Effect of Agreement. The covenants, agreements, and obligations herein contained,
11 except as herein otherwise specifically provided, shall extend to, bind and inure to the benefit
12 of the Parties hereto and their respective personal representatives, heirs, successors and
13 assigns.
14
15 R. State and Federal Law. If State or Federal laws enacted after the effective date of this
16 Agreement preclude either Parry's compliance with the terms of this Agreement, this
17 agreement shall be modified as is necessary to comply with the relevant State or Federal
18 Laws.
19
20 S. Compliance with Other Laws. The failure of this Agreement to address a particular permit,
21 condition, term, or restriction shall not relieve the Parties of the necessity of complying with
22 the laws governing said permitting requirements, conditions, terms or restrictions.
23
24 T. Reservation of Rights. This Agreement shall not affect any rights, which may have accrued
25 to any party to this Agreement under applicable law. The Parties reserve any and all such
26 rights. All approvals referenced in this Agreement are subordinate to compliance with all
27 applicable laws, codes, and land development regulations and permits, except to the extent
28 otherwise provided for in this Agreement.
29
30 U. No Permit. This Agreement is not and shall not be construed as a Development Permit,
31 Development Approval or authorization to commence development, nor shall it relieve the
32 Parties other than Monroe County of the obligations to obtain necessary Development
33 Approvals that are required under applicable law and under and pursuant to the terms of this
34 Agreement and Monroe County Code.
35
36 V. Good Faith; Further Assurances; No Cost. The Parties to this Agreement have negotiated
37 in good faith. It is the intent and agreement of the Parties that they shall cooperate with each
38 other in good faith to effectuate the purposes and intent of, and to satisfy their obligations
39 under, this Agreement in order to secure themselves the mutual benefits created under this
40 Agreement. The Parties agree to execute such further documents as may be reasonably
41 necessary to effectuate the provisions of this Agreement; provided that the foregoing shall in
42 no way be deemed to inhibit, restrict or require the exercise of Monroe County's police
43 power or actions of Monroe County when acting in a quasi-judicial capacity. Wherever in
44 this Agreement a provision requires cooperation, good faith or similar effort to be undertaken
45 at no cost to a party, the party co-operating, reviewing or undertaking the effort shall,
Page 25 of 30 (November 27, 2013 version)
DocN 1962037
Bkp 2663 Pg# 1943
1 nonetheless, bear its cost of attendance at meetings, hearings, or proceedings and comment
2 and/or execution of documents, inclusive of the expense of its counsel.
3
4 W. Successors and Assigns. This Agreement shall constitute a covenant running with the land,
5 which shall be binding upon the Parties hereto, their successors in interest, heirs, assigns, and
6 personal representatives.
7
8 X. Joint Preparation. This Agreement has been drafted with the participation of the Parties
9 and their counsel, and shall not be construed against any party on account of draftsmanship.
10 The captions of each article, section and subsection contained in this Agreement are fore ease
11 of reference only and shall not affect the interpretational meaning of this Agreement.
12 Whenever the term "included" is used in this Agreement, it shall mean that the included
13 items, or terms are included without limitation as to any other items or terms, which may fall
14 within the listed category.
15
16 Y. Notices. All notices, demands, requests or replies provided for or permitted by this
17 Agreement shall be in writing and may be delivered by any one of the following methods: (a)
18 by personal delivery; (b) by deposit with the United States Postal Service as Certified or
19 Registered mail, return receipt requested, postage prepaid, to the addresses stated below; or
20 (c) by deposit with an overnight express delivery service with proof of receipt to the
21 addresses stated below. Notice shall be deemed effective upon receipt. For purposes of
22 notice, demand, request, or replies:
23
24 The address of Monroe County shall be:
25
26 County Administrator
27 1100 Simonton Street
28 Room 2-205
29 Key West, Florida 33040
30
31 with a copy to
32
33 Robert Shillinger, , Esq.
34 County Attorney
35 PO Box 1026
36 Key West, Florida 33041
37 and
38 1111 12t' Street, Suite 408
39 Key West, Florida 33040
40
41 The address of Summerland Palms, Coco Palms Developers, Suncrest, Singh Investors,
42 and Oceanside Investors shall be:
43
44 C/O John Allison, Esq.
45 P.O. Box 2129
46 Key West, Florida 33045-2129
Page 26 of 30 (November 27, 2013 version)
Doc# 1962037
Bk# 2663 P9a 1944
2 And a copy to
4 Barton W. Smith, Esq.
5 Smith Oropeza, P.L.
6 138 - 142 Simonton Street
7 Key West, Florida 33040
8
9 It is the responsibility of the Parties to promptly notify all other Parties of any change in
10 name or address for receipt of notice, demand, request, or replies.
11
12 Z. Force Majeure. Any prevention, delay or stoppage due to strikes, lockouts, labor disputes,
13 acts of God, inability to obtain labor or materials or reasonable substitutes therefore, riot,
14 civil commotion, fire or other casualty and other causes beyond the reasonable control of the
15 party obligated to perform, excluding the financial inability of such party to perform and
16 excluding delays resulting from appeals or rehearing, shall excuse the performance by such
17 party for a period equal to any such period of prevention, delay or stoppage. In order to avail
18 itself of this force majeure provision, the party invoking the same shall provide the other
19 party with a written notice that shall consist of a recitation of all events that constitute force
20 majeure events under this Section, together with the beginning and ending dates of such
21 events.
22
23 AA. Construction. This Agreement shall be construed in accordance with the laws of the State
24 of Florida. The Parties to this Agreement have participated fully in the negotiation and
25 preparation hereof, and, accordingly, this Agreement shall not be more strictly construed
26 against any one of the Parties hereto. In construing this Agreement, the use of any gender
27 shall include every other and all genders, and captions and section and paragraph headings
28 shall be disregarded. All of the exhibits attached to this Agreement are incorporated in, and
29 made a part of, this Agreement.
30
31 BB. Omission. The Parties hereto recognize and agree that the failure of this Agreement to
32 address a particular permit, condition, terms or restriction shall not relieve either Party of the
33 necessity of complying with the law governing said permitting requirements, conditions,
34 term, or restriction notwithstanding any such omission.
35
36 CC. Jurisdiction and Governing Law. The Parties hereto agree that any and all suits or actions
37 at law shall be brought in Monroe County, Florida and no other jurisdiction. This Agreement
38 shall be construed and interpreted under the laws of the State of Florida.
39
40 DD. Attorney's Fees and Costs. The Parties agree that in the event any cause of action or
41 administrative proceeding is initiated or defended by any party relative to the enforcement or
42 interpretation of this Agreement, the prevailing party shall be entitled to reasonable
43 attorney's fees, court costs, as an award against the non -prevailing party, and shall include
44 attorneys fees, courts costs, in appellate proceedings. Mediation proceedings initiated and
45 conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil
Page 27 of 30 (November 27, 2013 version)
Doen 1962037
Bkp 2663 P90 1945
1 Procedure and usual and customary procedures required by the circuit court of Monroe
2 County.
3
4 EE. Time of Essence. Time shall be of the essence for each and every provision of this
5 Agreement.
6
7 FF. Entire Agreement. This Agreement, together with the documents referenced herein,
8 constitute the entire agreement and understanding among the Parties with respect to the
9 subject matter hereof, and there are no other agreements, representations or warranties other
10 than as set forth herein. This Agreement may not be changed, altered or modified except by
11 an instrument in writing signed by the Party against whom enforcement of such change
12 would be sought and subject to the requirements for the amendment of development
13 agreements in the Act.
14
15 GO. Counterparts. This Agreement may be executed in one or more counterparts, and by
16 different Parties hereto in separate counterparts, each of which when executed shall be
17 deemed to an original but all which taken together constitute one and the same agreement.
is
19 HH. Recording. Monroe County shall record this Agreement with the Clerk of the Circuit Court
20 of Monroe County within fourteen (14) days following signature by all Parties. Oceanside
21 Investors agrees that it shall be responsible for all recording fees and other related fees and
22 costs related to the recording and delivery of this Agreement as described in this section.
23 The provisions hereof shall remain in full force and effect during the term provided herein
24 and shall be binding upon all successors in interest to the Parties to this Agreement.
25
26 II. Conflicting Resolutions. All resolutions or parts thereof in conflict with the provisions of
27 this Agreement and its resolution are hereby repealed to the extent of such conflict.
29
29 JJ. Severability. If any part of this Agreement is contrary to, prohibited by, or deemed invalid
30 under any applicable law or regulation, such provisions shall be inapplicable and deemed
31 omitted to the extent so contrary, prohibited, or invalid; however, the remainder of the
32 Agreement shall not be invalidated thereby and shall be given full force and effect as if the
33 contrary, prohibited, or invalid provision was never a part hereof.
34
35 IV. Effective Date. The "Effective Date" of this Agreement shall be forty-five (45) days after it
36 is rendered to the Department of Economic Opportunity or upon the conclusion of any
37 appeal, whichever is later.
39
39
40
41 (Balance of this Rage intentionally left blank, signature Rage to followl
42
Page 28 of 30 (November 27, 2013 version)
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Doc# 1962037
Bk# 2663 P9N 1946
IN WITNESS WHEREOF, the Parties hereto have set their hands and seals on the day and year
below written.
Summerland Palms Investors. LLC
13,
—
Title:
Date: 1 Z l / 1 '
Suncrest Landis LLC
B Y. 7, s, z L14V,, -
Title: /q4-A
Date: /a /S 11.3
Coco Palms Developers. LLC
Bv-
Title: /yl (* Z M
Date: 1 Z /s"-/1—'?1
Singh Investors. LLC
IM
Title:
Date:
Oceanside Investors. LLC
y
-----------
Title: AA M
Date:
STATE OF 4� JOi ( " `-c
COUNTY OF M o A "'OC,
The foregoing instrument was acknowledged before me on this S(, day of I e re,, i
20 t�, by Pritam Singh, the managing member of Summerland Palms Investors, LLC, Coco
Palms Developers, LLC, Singh Investors, LLC, and Oceanside Investors, LLC. He is personally
known to me and •d a ath.
p�•.,,,�, BARTON SWTN
Notary Public : ?� = Notary Public . Stet. a FiorW
• My Comm. Expires Sp 1. 2010
3 R �fU"i .1 ^ t t a = s Commission N EE 19MY
Print Name 9or&W Through Nu WW Nft"" Am.
My commission expires: % " ' 01(o
Seal
Page 29 of 30 (November 27, 2013 version)
Doc# 1962037
Skp 2663 Pgp 1947
STATE OF F ( e r , &.k
4 COUNTY OF n, o n,-be-
5
6 The foregoing instrument was acknowledged before me on this -3 `" day of Oe c•e m ib e r
7 20 13 , by W • Su w, l-to tl ca.G,-a , the managing member of Suncrest Landing, LLC.
8 He is personally known to me or provided as identification and did not take
9 an oath.
10
11
12 Notary Public
13 �f2Vory nrorw7U
14 Print N e
15
16 My commission expires:
17
18
STATE OF FLORIDA
COUNTY OF MONROE
This Copy is a True Copy of the
Original on File in thin Ottfce. Witaes
gay hand and Official Seal.
Th1s---Z9? _ day of
A.D., 20l3
AMY HEAVILIN
BY -0 DZ
;;pi.X file GREGORY OROPEZA
'- My COMMISSION b EE 005958
EXPIRES: July 1, 2014
OF Bonded Thru Notary Public Underwriters
Seal
MONROE COUNTY BOARD OF
COUNTY CO COTTIWIVIno
Mayor S via M by
MONROE COUNTY ATTORNEY
P D AS TO FOR
Date:
u/ 3 -7 �
Page 30 of 30 (November 27, 2013 version)
60WS10V*1' Exhibit# 1
Doep 19375,
Filed 8 Recorded in official Roeords of
MONROE COUNTY AMY HEAVILIN
This document was prepared by 08/ 17/2013 2: 00PM
and should be returned to: DEED DOC STAMP CL: DS $33 , 23®. eo
Brian M. Jones, Esq.
SHIMS & BOWEN LLP
300 S. Orange Avenue, Suite 1000
Orlando, Florida 32801
SPECIAL WARRANTY DEED
Doep 1937508
Bkp 2634 P90 572
THAT ATLAS FL I1 SPE LLC, a North Carolina limited liability company (hereinafter Mo
referred to as "Grantor'), for and in consideration of the sum of Ten and No/ 100 Dollars a o
($10.00) and other good and valuable consideration to it in hand paid by OCEANSIDE Na
INVESTORS LLC, a Florida limited liability company (hereinafter referred to as "Grantee"), rn o
whose mailing address is 1010 Kennedy Dr, Suite 302, Key West, FL 33040, the receipt and
sufficiency of which consideration are hereby acknowledged, and upon and subject to the
exceptions, liens, encumbrances, terms and provisions hereinafter set forth and described, has '_
GRANTED, BARGAINED, SOLD and CONVEYED, and by these presents does hereby
GRANT, BARGAIN, SELL and CONVEY, unto Grantee all of the real property situated in a
Monroe County, Florida, described on Exhibit A attached hereto and made a part hereof for all
purposes, together with all and singular the rights, benefits, privileges, easements, tenements,
hereditaments and appurtenances thereon or in anywise appertaining thereto, and together with
all improvements located thereon and any right, title and interest of Grantor in and to adjacent
streets, alleys and rights -of -way (said land, rights, benefits, privileges, easements, tenements,
hereditaments, appurtenances, improvements and interests being hereinafter referred to as the
"Property').
This conveyance is made subject and subordinate to those encumbrances and exceptions
set forth on Exhibit B attached hereto and made a part hereof for all purposes and all other
matters of record affecting the Property (collectively, the "Permitted Exceptions").
TO HAVE AND TO HOLD the Property, subject to the Permitted Exceptions, as
aforesaid, unto Grantee, its successors and assigns, forever; and Grantor does covenant with
Grantee that, except for the Permitted Exceptions, at the time of delivery of this Special
Warranty Deed, the Property is free from all encumbrances made by Grantor, and Grantor will
WARRANT AND DEFEND all and singular the Property unto Grantee, its successors and
assigns, against the lawful claims and demands of all persons claiming by, through or under
Grantor, but not otherwise.
By acceptance of this Special Warranty Deed, Grantee acknowledges and agrees that any
and all liability hereunder of Grantor, its agents, representatives or employees, including the
Special Warranty of title herein contained, shall be limited to and satisfied solely from the
Grantor's proceeds from the Property.
By acceptance of this Special Warranty Deed, Grantee assumes payment of all real
property taxes on the Property for the year 2013 and subsequent years.
ORLDOCS 12955997 1
Doe* 1937508
Bk* 2634 Pg* 373
IN WITNESS WHEREOF, this Special Warranty Deed has been executed by Grantor to
be effective as of June 01 2013.
Signed, sealed and delivered in the presence of ATLAS FL II SPE LLC, a North Carolina
the following witnesses: limited liability company
Print
As Its:
Doe* 1962037
Bk* 2663 Pg* 1949
�t,'
THE STATE OF §
§
COUNTY OF 110e § f
/This instrument was acknowledged efore a on
the c c, I'/L eg
LLC, a North Carolina limited liability company, on beha saic
BRIAN M. BENNET7 NO
Notary Public • State of Florida
h f „"„' 4�c N My Comm. Expires May 9, 2014
-••F2.14A ;•' Commission 01) 98974K--
n, 15, 2013, by
of ATLAS FL 11 SPE
liability company.
Name of Notary
My Commission Expires:
ORLDOCS 12955897 1 2
ZO/
Doep 1962037 DacN 1937508
BkN 2663 Pgp 1950 Bkp 2634 Pgp 374
EXHIBIT A TO SPECIAL WARRANTY DEED
Legal Description
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF MONROE,
STATE OF FLORIDA, AND IS DESCRIBED AS FOLLOWS:
PART A:
UNITS NO. 1-4,1-6,1-9,1-11 AND 3-12 IN OCEANSIDE EAST DRY STORAGE CONDOMINIUM,
ACCORDING TO THE DECLARATION OF CONDOMINIUM THEREOF, AS RECORDED IN OFFICIAL
RECORDS BOOK 1918, PAGE 1967, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, AND ANY
AMENDMENTS THERETO (THE "CONDOMINIUM PARCELS").
TOGETHER WITH EACH UNITS INTEREST IN THE NON-EXCLUSIVE EASEMENT FOR INGRESS AND
EGRESS TO A LAUNCHING SITE AS MORE PARTICULARLY DESCRIBED IN THAT GRANT OF EASEMENT
RECORDED IN OFFICIAL RECORDS BOOK 1915, PAGE 92, OF THE PUBLIC RECORDS OF MONROE
COUNTY, FLORIDA, AND THE NON-EXCLUSIVE EASEMENTS FOR INGRESS, EGRESS, UTILITIES,
DRAINAGE, ENCROACHMENTS AND MAINTENANCE AS MORE PARTICULARLY DESCRIBED IN THAT
GRANT OF EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 1915, PAGE 100, OF THE PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA.
TOGETHER WITH
THAT PARCEL OF LAND (THE "NON -CONDOMINIUM LAND") AS MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
UPLAND TERMINUS BOUNDARY LINE:
A LINE BEING THE WATERWARD BOUNDARY LINE AS OF ]ULY 1, 1975, LYING IN HAWK CHANNEL IN
SECTION 36, TOWNSHIP 67 SOUTH, RANGE 25 EAST, STOCK ISLAND, MONROE COUNTY, FLORIDA,
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF LOT 3, BLOCK 61, "GEORGE MCDONALDS PLAT OF A
PART OF STOCK ISLAND", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE
55, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE SOUTH 000 00' 00" EAST,
ALONG THE EAST LINE OF SAID LOT 3, A DISTANCE OF 256.64 FEET MORE OR LESS TO THE
WATERWARD BOUNDARY LINE AS OF ]ULY 1, 1975, AND THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED LINE; THENCE SOUTH 880 44' 58" WEST, A DISTANCE OF 58.05 FEET, THENCE SOUTH 81'
26' 20" WEST, A DISTANCE OF 13.41 FEET; THENCE SOUTH 480 22 45 WEST, A DISTANCE OF 7.77
FEET; THENCE SOUTH 09° 55' 20" WEST, A DISTANCE OF 8.55 FEET; THENCE SOUTH 000 10' 09"
WEST, A DISTANCE OF 178.89 FEET; THENCE SOUTH 010 46' 07" WEST, A DISTANCE OF 53.90 FEET;
THENCE SOUTH 060 39' 38" WEST, A DISTANCE OF 34.06 FEET; THENCE NORTH 800 11' 10" WEST, A
DISTANCE OF 19.75 FEET; THENCE NORTH 06° 04' 32" EAST, A DISTANCE OF 30.53 FEET; THENCE
NORTH 02° 25' 50" EAST, A DISTANCE OF 53.34 FEET; THENCE NORTH 160 29' 47" WEST, A DISTANCE
OF 23.38 FEET; THENCE NORTH 400 25' 19" WEST, A DISTANCE OF 21.08 FEET; THENCE NORTH 630
50' 22" WEST, A DISTANCE OF 18.30 FEET; THENCE SOUTH 8810 24' 25" WEST, A DISTANCE OF 48.58
FEET; THENCE SOUTH 800 W 05" WEST, A DISTANCE OF 12.37 FEET; THENCE SOUTH 810 01' 04"
WEST, A DISTANCE OF 38.31 FEET; THENCE SOUTH 770 16' 42" WEST, A DISTANCE OF 50.24 FEET;
THENCE SOUTH 680 46' 49" WEST, A DISTANCE OF 24.66 FEET; THENCE SOUTH 4110 39' 38" WEST, A
DISTANCE OF 17.34 FEET; THENCE SOUTH 050 19' 44" WEST, A DISTANCE OF 26.43 FEET; THENCE
SOUTH 000 5738" WEST, A DISTANCE OF 45.02 FEET, THENCE SOUTH 101- 31' 54" EAST, A DISTANCE
OF 26.49 FEET; THENCE SOUTH 14° 28' 10" EAST, A DISTANCE OF 29.44 FEET; THENCE SOUTH 340 09'
ORLDOCS 12955897 1
Docp 1962037 Docp 1937508
BkN 2663 Pgo IS51 Bk# 2634 NO 575
G.
00" EAST, A DISTANCE OF 10.17 FEET; THENCE SOUTH 65° 59' 42" EAST, A DISTANCE OF 13.79 FEET;
THENCE SOUTH 860 21' 21" EAST, A DISTANCE OF 27.69 FEET, THENCE NORTH 87° 00' 36" EAST, A
DISTANCE OF 46.24 FEET; THENCE NORTH 81° 58' 32" EAST, A DISTANCE OF 35.50 FEET; THENCE
SOUTH 870 38' 26" EAST, A DISTANCE OF 10.36 FEET; THENCE SOUTH 00° 00' 45" WEST, A DISTANCE
OF 38.74 FEET; THENCE SOUTH 07° 17 00" WEST, A DISTANCE OF 50.37 FEET; THENCE SOUTH 010
31' 11" WEST, A DISTANCE OF 60.24 FEET; THENCE SOUTH 030 09' 56" EAST, A DISTANCE OF 56.98
FEET; THENCE SOUTH 01- 17 35" WEST, A DISTANCE OF 67.93 FEET; THENCE SOUTH 240 2736"
WEST, A DISTANCE OF 20.05 FEET; THENCE NORTH 70° 07' 27" WEST, A DISTANCE OF 30.56 FEET;
THENCE NORTH 390 29' 04" WEST, A DISTANCE OF 35.34 FEET; THENCE NORTH 200 28' 48" WEST, A
DISTANCE OF 25.13 FEET; THENCE NORTH 750 38' 40" WEST, A DISTANCE OF 38.00 FEET; THENCE
NORTH 450 33' 20" WEST, A DISTANCE OF 17.49 FEET; THENCE NORTH 230 30' 00" WEST, A DISTANCE
OF 28.68 FEET; THENCE NORTH 430 31' 59" WEST, A DISTANCE OF 14.41 FEET; THENCE SOUTH 880
32' 44" WEST, A DISTANCE OF 24.78 FEET; THENCE SOUTH 710 33' 38" WEST, A DISTANCE OF 41.80
FEET; THENCE SOUTH 890 52' 50" WEST, A DISTANCE OF 42.77 FEET; THENCE SOUTH 820 14' 18"
WEST, A DISTANCE OF 32.99 FEET; THENCE SOUTH 730 17' 44" WEST, A DISTANCE OF 19.18 FEET;
THENCE SOUTH 79° 38' 41" WEST, A DISTANCE OF 26.35 FEET; THENCE SOUTH 820 50' 54" WEST, A
DISTANCE OF 32.20 FEET, THENCE SOUTH 880 27' 31" WEST, A DISTANCE OF 22.15 FEET; THENCE
NORTH 630 04' 54" WEST, A DISTANCE OF 5.73 FEET; THENCE SOUTH 56° 22' 23" WEST, A DISTANCE
OF 7.38 FEET; THENCE SOUTH 850 25' 56" WEST, A DISTANCE OF 43.08 FEET; THENCE NORTH 830 45'
01" WEST, A DISTANCE. OF 31.16 FEET; THENCE SOUTH 87° 16' 53" WEST, A DISTANCE OF 45.21
FEET; THENCE SOUTH 860 20' 31" WEST, A DISTANCE OF 54.32 FEET; THENCE SOUTH 880 07 13"
WEST, A DISTANCE OF 64.34 FEET; THENCE NORTH 890 56' 25" WEST, A DISTANCE OF 65.13 FEET;
THENCE NORTH 880 59' 04" WEST, A DISTANCE OF 52.42 TO THE POINT OF TERMINUS AND THE END
OF THE HEREIN DESCRIBED LINE.
PARCEL A:
ON THE ISLAND OF STOCK ISLAND, AND BEING LOT ONE (1), BLOCK SIXTY (60) ACCORDING TO
GEORGE L. MCDONALD'S MAP OF LOTS ONE (1), TWO (2), THREE (3), FIVE (5) AND SIX (6) OF
SECTION THIRTY FIVE (35), LOT TWO (2) SECTION THIRTY SIX (36), LOT THREE (3) SECTION
TWENTY SIX (26), AND LOT TWO (2) SECTION THIRTY FOUR (34), TOWNSHIP SIXTY SEVEN (67)
SOUTH, RANGE TWENTY FIVE (25) EAST, RECORDED IN PLAT BOOK ONE (1), PAGE 55, MONROE
COUNTY, FLORIDA RECORDS.
11►&97_1wi;
PARCEL B:
BEING AT A POINT ON THE SOUTH BOUNDARY LINE OF PENINSULA AVENUE, 382 FEET DISTANT AND
WEST OF THE INTERSECTION OF THE SOUTH BOUNDARY LINE OF PENINSULA AVENUE WITH THE
WEST BOUNDARY LINE OF MALONEY AVENUE, FROM SAID POINT OF BEGINNING, CONTINUE IN A
WEST DIRECTION ALONG THE SOUTH BOUNDARY LINE OF PENINSULAR AVENUE EXTENDED A
DISTANCE OF 418 FEET, THENCE AT RIGHT ANGLES AND IN A SOUTHERLY DIRECTION A DISTANCE OF
520 FEET; THENCE AT RIGHT ANGLES AND IN AN EASTERLY DIRECTION A DISTANCE OF 600 FEET;
THENCE AT RIGHT ANGLES AND IN A NORTHERLY DIRECTION A DISTANCE OF 184 FEET; THENCE
MEANDERING THE HIGH WATER LINE IN A NORTHWESTERLY AND NORTHEASTERLY DIRECTION A
DISTANCE OF 450 FEET, MORE OR LESS, TO THE POINT OF BEGINNING AND BEING IN A SUBDIVISION
OF LOTS 1, 2, 3, 5 AND 6 OF SECTION 35, LOT 2 OF SECTION 36, LOT 3 OF SECTION 26, LOT 2 OF
SECTION 34, TOWNSHIP 67 SOUTH, RANGE 25 EAST, MONROE COUNTY, FLORIDA.
ALSO
PARCEL C:
ORLDOCS 129558971 4
DocN 1962037 DOcN 1937508
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A PARCEL OF SUBMERGED LAND IN HAWK CHANNEL IN SECTION 36, TOWNSHIP 67 SOUTH, RANGE 25
EAST, STOCK ISLAND, MONROE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 1, BLOCK 60 OF THE PLAT OF STOCK ISLAND AS
RECORDED IN PLAT BOOK 1, PAGE 55, PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE
RUN WEST ALONG THE NORTH LINE OF SAID LOT 1 AND THE WESTERLY EXTENSION THEREOF FOR A
DISTANCE OF 600 FEET TO THE NORTHWEST CORNER OF A PARCEL OF SUBMERGED LAND CONVEYED
BY THE TRUSTEES OF THE INTERNAL IMPROVEMENT FUND DEED NO. 19811, DATED JUNE 12, 1951;
THENCE SOUTH ALONG THE WESTERLY LINE OF SAID PARCEL OF SUBMERGED LAND CONVEYED BY
THE TRUSTEES, A DISTANCE OF 520 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL FOR THE
POINT OF BEGINNING OF PARCEL OF SUBMERGED LAND HEREINAFTER DESCRIBED; THENCE
CONTINUE SOUTH A DISTANCE OF 251.6 FEET; THENCE EAST A DISTANCE OF 600 FEET; THENCE
NORTH A DISTANCE OF 251.6 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL OF SUBMERGED
LAND CONVEYED BY THE TRUSTEES OF THE INTERNAL IMPROVEMENT FUND BY DEED NO. 19811;
THENCE WEST ALONG THE SOUTH LINE OF SAID PARCEL A DISTANCE OF 600 FEET, MORE OR LESS,
TO THE POINT OF BEGINNING.
WL*v
PARCEL D:
ON THE ISLAND KNOWN AS STOCK ISLAND AND DESCRIBED ACCORDING TO THE GEORGE
MCDONALD'S PLAT OF A PART OF STOCK ISLAND, RECORDED IN PLAT BOOK 1, PAGE 55, MONROE
COUNTY, FLORIDA AS FOLLOWS:
LOTS TWO (2) AND THREE (3) IN BLOCK SIXTY (60).
ALSO
PARCEL E:
A PARCEL OF FORMERLY SUBMERGED LAND IN HAWK CHANNEL IN SECTION 36, TOWNSHIP 67 SOUTH,
RANGE 25 EAST, MONROE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 3, SQUARE 60 OF PLAT TITLED "ALL LOTS 1, 2, 3, 5
AND 6, SECTION 35; LOT 3, SECTION 26; LOT 2, SECTION 34, STOCK ISLAND, TOWNSHIP 67 SOUTH,
RANGE 25 EAST', RECORDED IN PLAT BOOK 1, PAGE 55, PUBLIC RECORDS OF MONROE COUNTY,
FLORIDA, RUN SOUTH 435.6 FEET; THENCE AT RIGHT ANGLES RUN WEST 200 FEET, THENCE AT
RIGHT ANGLES RUN NORTH 435.6 FEET TO THE SOUTHWEST CORNER OF LOT 2, SQUARE 60 OF THE
ABOVE MENTIONED PLAT; THENCE MEANDER THE SHORELINE TO AN EASTERLY DIRECTION BACK TO
THE POINT OF BEGINNING.
ALSO
PARCEL F:
ON THE ISLAND KNOWN AS STOCK ISLAND AND DESCRIBED ACCORDING TO GEORGE L. MCDONALD'S
PLAT OF A PART OF SAID STOCK ISLAND, RECORDED IN PLAT BOOK ONE (1), PAGE 55, MONROE
COUNTY, FLORIDA, AS FOLLOWS:
LOTS ONE (1) AND TWO (2) IN BLOCK SIXTY ONE (61), TOGETHER WITH A PARCEL OF SUBMERGED
ORLDOCS 12955897 1 5
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Bka 2663 Pgo 1953-/l
Bka 2634 Pga 577
LAND IN THE STRAITS OF FLORIDA, SECTION 36, TOWNSHIP 67 SOUTH, RANGE 25 EAST, LOCATED
SOUTHERLY OF AND ADJACENT TO LOTS 1 AND 2, BLOCK 61, AND DESCRIBED AS FOLLOWS:
BEGIN AT THE INTERSECTION OF THE SHORELINE OF STOCK ISLAND AND THE WEST LINE OF SAID
LOT 1, BLOCK 61, ACCORDING TO SAID PLAT OF STOCK ISLAND; THENCE SOUTH ALONG THE WEST
LINE OF SAID LOT 1, BLOCK 61 (EXTENDED) A DISTANCE OF 435 FEET TO A POINT; THENCE EAST A
DISTANCE OF 200 FEET TO A POINT IN THE EAST LINE OF SAID LOT 2, BLOCK 61 (EXTENDED);
THENCE NORTH ALONG THE EAST LINE OF LOT 2, BLOCK 61 (EXTENDED) A DISTANCE OF 475 FEET,
MORE OR LESS TO A POINT IN THE SOUTHERLY SHORELINE OF STOCK ISLAND; THENCE WESTERLY
ALONG THE MEANDERS OF SAID SOUTHERLY SHORELINE, A DISTANCE OF 210 FEET, MORE OR LESS,
BACK TO THE POINT OF BEGINNING.
PARCEL G:
LOT 3 IN BLOCK 61 OF STOCK ISLAND AS SHOWN ON PLAT OF SAID STOCK ISLAND MADE BY GEORGE
L. MCDONALD AND RECORDED IN PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF MONROE
COUNTY, FLORIDA.
ALSO
PARCEL H:
THE PORTION OF MALONEY AVENUE LYING BETWEEN BLOCKS 60 AND 61 OF GEORGE L. MCDONALD'S
PLAT OF A PART OF STOCK ISLAND, AS RECORDED IN PLAT BOOK 1, PAGE 55, OF THE PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA.
PARCEL I:
A PARCEL OF FORMERLY SUBMERGED LAND IN HAWK CHANNEL IN SECTION 35, TOWNSHIP 67 SOUTH,
RANGE 25 EAST, MONROE COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF BLOCK 60 OF A PLAT OF STOCK ISLAND AS RECORDED
IN PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE SOUTH
280 FEET TO THE SOUTHEAST CORNER OF THE SAID BLOCK 60 AND THE SHORELINE ACCORDING TO
THE SAID PLAT OF STOCK ISLAND AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN
DESCRIBED; THENCE CONTINUE SOUTH 435.60 FEET TO A POINT; THENCE EAST 60 FEET TO A POINT;
THENCE NORTH 435.60 FEET TO A POINT; THENCE WEST 60 FEET BACK TO THE POINT OF
BEGINNING.
ALSO
PARCEL]:
A PARCEL OF LAND ON THE ISLAND KNOWN AS STOCK ISLAND, MONROE COUNTY, FLORIDA, MORE
PARTICULARLY DESCRIBED BY THE FOLLOWING METES AND BOUNDS DESCRIPTION:
COMMENCE AT THE NORTHWEST CORNER OF LOT 2, BLOCK 60, ACCORDING TO GEORGE MCDONALD'S
PLAT OF SAID STOCK ISLAND AS RECORDED IN PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF
MONROE COUNTY, FLORIDA; THENCE RUN SOUTH ALONG THE WEST LINE OF SAID LOT 2 AND THE
EXTENSION OF SAID WEST LINE, 715.60 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE
SOUTH, 56.0 FEET, THENCE WEST 381.3 FEET, MORE OR LESS, TO THE WESTERLY FACE OF AN
EXISTING CONCRETE PIER; THENCE SOUTHERLY ALONG A LINE DEFLECTED 93000 LEFT, 30 FEET,
MORE OR LESS; THENCE ALONG THE MEAN HIGH WATER LINE THE FOLLOWING 15 COURSES: (NOTE:
ORLDOCS 129558971 6
MISSING CALL OF EAST 376.50')
THENCE 87-00 DEFLECTED LEFT (DL), 200 FEET, MORE OR LESS;
THENCE 27000 DEFLECTED LEFT, 30.00 FEET, MORE OR LESS;
THENCE 38030 DEFLECTED RIGHT, 18.5 FEET, MORE OR LESS;
THENCE 40000 DEFLECTED LEFT, 13.0 FEET, MORE OR LESS;
THENCE 46050 DEFLECTED RIGHT, 45.0 FEET, MORE OR LESS;
THENCE 72000 DEFLECTED LEFT, 75.5 FEET, MORE OR LESS;
THENCE 27000 DEFLECTED RIGHT, 25.0 FEET, MORE OR LESS,
THENCE 64000 DEFLECTED RIGHT, 94.5 FEET, MORE OR LESS;
THENCE 47020 DEFLECTED RIGHT, 52.5 FEET, MORE OR LESS;
THENCE 37-40 DEFLECTED LEFT, 37.5 FEET, MORE OR LESS;
THENCE 54.15 DEFLECTED LEFT, 24.5 FEET, MORE OR LESS;
THENCE 72000 DEFLECTED LEFT, 40.0 FEET, MORE OR LESS;
THENCE 28020 DEFLECTED LEFT, 118.5 FEET, MORE OR LESS;
THENCE 56010 DEFLECTED LEFT, 231.9 FEET, MORE OR LESS;
THENCE WEST, 378.80 FEET BACK TO THE POINT OF BEGINNING.
LESS (CONDOMINIUM):
DocN 1937508
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Docp 1962037
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A PARCEL OF LAND LOCATED IN SECTION 36, TOWNSHIP 67 SOUTH, RANGE 25 EAST, STOCK ISLAND,
MONROE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF LOT 3, BLOCK 61, GEORGE MCDONALD'S PLAT OF A PART
OF STOCK ISLAND, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 55, OF
THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE SOUTH FOR A DISTANCE OF 265.88
FEET; THENCE WEST FOR A DISTANCE OF 100.00 FEET; THENCE SOUTH FOR A DISTANCE OF 339.68
FEET, THENCE WEST FOR A DISTANCE OF 67.20 FEET TO THE POINT OF BEGINNING; THENCE
MEANDER THE APPROXIMATE MEAN HIGH WATER LINE FOR THE FOLLOWING TWENTY-TWO (22)
METES AND BOUNDS; THENCE SOUTH 040 53' 14" WEST, A DISTANCE OF 50.44 FEET, THENCE SOUTH
030 31' 10" WEST, A DISTANCE OF 60.33 FEET, THENCE SOUTH 040 56' 57' EAST, A DISTANCE OF
108.26 FEET; THENCE SOUTH 06° 27 03" WEST, A DISTANCE OF 123.44 FEET, THENCE SOUTH 570 33'
15" WEST, A DISTANCE OF 86.74 FEET; THENCE SOUTH 810 19' 27" WEST, A DISTANCE OF 44.77
FEET; THENCE NORTH 74' 55' 09" WEST, A DISTANCE OF 14.27 FEET; THENCE NORTH 380 14' 22"
EAST, A DISTANCE OF 83.55 FEET; THENCE NORTH 210 12' 00" EAST, A DISTANCE OF 20.97 FEET;
THENCE NORTH 280 26' 29" EAST, A DISTANCE OF 45.45 FEET, THENCE NORTH 080 28' 07" EAST, A
DISTANCE OF 14.52 FEET, THENCE NORTH 440 57 55" WEST, A DISTANCE OF 32.90 FEET; THENCE
NORTH 450 09' 29" WEST, A DISTANCE OF 12.09 FEET; THENCE SOUTH 8710 09' 32" WEST, A DISTANCE
OF 29.15 FEET; THENCE NORTH 750 12' 35" WEST, A DISTANCE OF 17.77 FEET; THENCE NORTH 2310
09' 22" WEST, A DISTANCE OF 52.43 FEET; THENCE SOUTH 890 35' 35" WEST, A DISTANCE OF 7.15
FEET; THENCE NORTH 000 10' 56" EAST, A DISTANCE OF 7.23 FEET; THENCE SOUTH 790 00' 39"
WEST, A DISTANCE OF 63.72 FEET; THENCE NORTH 79° 00' 34" WEST, A DISTANCE OF 28.33 FEET;
THENCE SOUTH 770 29' 51" WEST, A DISTANCE OF 80.86 FEET, THENCE NORTH 880 49' 09" WEST, A
DISTANCE OF 41.75 FEET; THENCE LEAVING THE SAID MEAN HIGH WATER LINE FOR A DISTANCE OF
103.41 FEET; THENCE EAST FOR A DISTANCE OF 81.33 FEET; THENCE NORTH FOR A DISTANCE OF
12.00 FEET; THENCE EAST FOR A DISTANCE OF 157.53 FEET TO A POINT OF CURVATURE OF A CURVE
CONCAVE TO THE NORTHWEST; THENCE LEFT ALONG THE SAID CURVE, HAVING FOR ITS ELEMENTS A
RADIUS OF 32.00 FEET AND A CENTRAL ANGLE OF 900 00' 00" FOR A DISTANCE OF 50.27 FEET TO A
POINT OF TANGENCY; THENCE NORTH FOR A DISTANCE OF 36.77 FEET; THENCE EAST FOR A
DISTANCE OF 106.74 FEET TO THE POINT OF BEGINNING.
LESS THE FOLLOWING PIERS:
ORLDOCS 129558971
Doca 1962037 DocN 1937508
Bk# 2663 Pga 1955 Bka 2634 Pgp 579
NORTH PIER:
ON STOCK ISLAND, MONROE COUNTY, FLORIDA, AND IS A PARCEL OF SUBMERGED LAND LYING
SOUTH OF BLOCK 60, ACCORDING TO GEO MCDONALD'S PLAT OF STOCK ISLAND AS RECORDED IN
PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; AND THE SAID
PARCEL BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCE AT THE POINT OF INTERSECTION OF THE CENTERLINE OF MALONEY AVENUE WITH THE
CENTERLINE OF PENINSULAR AVENUE; THENCE SOUTH ALONG THE CENTERLINE OF MALONEY
AVENUE AND THE SOUTHERLY EXTENSION THEREOF FOR A DISTANCE OF 290.23 FEET TO A POINT;
THENCE WEST 228.63 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND BEING
DESCRIBED HEREIN; THENCE SOUTH FOR A DISTANCE OF 109 FEET TO A POINT; THENCE WEST FOR
A DISTANCE OF 390.55 FEET TO A POINT; THENCE SOUTH 03° 1 V 40" EAST FOR A DISTANCE OF 5.17
FEET TO A POINT; THENCE SOUTH 860 48' 20" WEST FOR A DISTANCE OF 33.50 FEET TO A POINT;
THENCE NORTH 030 11' 40" WEST FOR A DISTANCE OF 119.9 FEET TO A POINT; THENCE NORTH 860
48' 20" EAST FOR A DISTANCE OF 33.50 FEET TO A POINT; THENCE SOUTH 030 11' 40" EAST FOR A
DISTANCE OF 5.49 FEET TO A POINT; THENCE EAST FOR A DISTANCE OF 398.11 FEET BACK TO THE
POINT OF BEGINNING.
MIDDLE PIER:
ON STOCK ISLAND, MONROE COUNTY, FLORIDA, AND IS A PARCEL OF SUBMERGED LAND LYING
SOUTH OF BLOCK 60, ACCORDING TO GEO MCDONALD'S PLAT OF STOCK ISLAND AS RECORDED IN
PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; AND THE SAID
PARCEL BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCE AT THE POINT OF INTERSECTION OF THE CENTERLINE OF MALONEY AVENUE WITH THE
CENTERLINE OF PENINSULAR AVENUE; THENCE SOUTH ALONG THE CENTERLINE OF MALONEY
AVENUE AND THE SOUTHERLY EXTENSION THEREOF FOR A DISTANCE OF 290.23 FEET TO A POINT;
THENCE WEST 228.63 FEET TO A POINT, THENCE SOUTH FOR A DISTANCE OF 191.89 FEET TO THE
POINT OF BEGINNING OF THE PARCEL OF LAND BEING DESCRIBED HEREIN; THENCE CONTINUE
SOUTH FOR A DISTANCE OF 127 FEET TO A POINT; THENCE WEST FOR A DISTANCE OF 348.48 FEET
TO A POINT; THENCE SOUTH 03° 11' 40" EAST FOR A DISTANCE OF 13.19 FEET TO A POINT; THENCE
SOUTH 860 49' 20" WEST FOR A DISTANCE OF 45 FEET TO A POINT; THENCE NORTH 030 11, 40" WEST
FOR A DISTANCE OF 16 FEET TO A POINT; THENCE SOUTH 860 48' 20" WEST FOR A DISTANCE OF 20
FEET TO A POINT; THENCE NORTH 03° 11' 40" WEST FOR A DISTANCE OF 125 FEET TO A POINT,
THENCE NORTH 860 48' 20" EAST A DISTANCE OF 20 FEET TO A POINT; THENCE NORTH 030 11' 40"
WEST A DISTANCE OF 16 FEET TO A POINT; THENCE NORTH 860 48' 20" EAST A DISTANCE OF 45 FEET
TO A POINT; THENCE SOUTH 030 11' 40" EAST FOR A DISTANCE OF 16.61 FEET TO A POINT; THENCE
EAST FOR A DISTANCE OF 355.66 FEET TO THE POINT OF BEGINNING.
LESS THE FOLLOWING PIER:
SOUTH PIER:
ON STOCK ISLAND, MONROE COUNTY, FLORIDA, AND IS A PARCEL OF SUBMERGED LAND LYING
SOUTH OF BLOCK 60, ACCORDING TO GEO MCDONALD'S PLAT OF STOCK ISLAND, AS RECORDED IN
PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, AND THE SAID
PARCEL BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCE AT THE POINT OF INTERSECTION OF THE CENTERLINE OF MALONEY AVENUE WITH THE
CENTERLINE OF PENINSULAR AVENUE; THENCE SOUTH ALONG THE CENTERLINE OF MALONEY
AVENUE AND THE SOUTHERLY EXTENSION THEREOF FOR A DISTANCE OF 290.23 FEET TO A POINT;
ORLDOCS 129558971 8
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THENCE WEST 228.63 FEET TO A POINT; THENCE SOUTH FOR A DISTANCE OF 416.99 FEET TO POINT
OF BEGINNING OF THE PARCEL OF LAND BEING DESCRIBED HEREIN; THENCE CONTINUE SOUTH FOR
A DISTANCE OF 97 FEET TO A POINT; THENCE WEST FOR A DISTANCE OF 408.80 FEET TO A POINT;
THENCE NORTH 030 11' 40" WEST FOR A DISTANCE OF 115 FEET TO A POINT; THENCE NORTH 860 48'
20" EAST FOR A DISTANCE OF 38.34 FEET TO A POINT; THENCE SOUTH 030 11' 40" EAST FOR A
DISTANCE OF 20 FEET TO A POINT, THENCE EAST FOR A DISTANCE OF 375.82 FEET BACK TO THE
POINT OF BEGINNING.
LESS THE FOLLOWING PARCEL:
DRY STORAGE:
A PARCEL OF LAND LOCATED IN SECTION 36, TOWNSHIP 67 SOUTH, RANGE 25 EAST, STOCK ISLAND,
MONROE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF LOT 3, BLOCK 61, GEORGE MCDONALDS PLAT OF A PART
OF STOCK ISLAND, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 55, OF
THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE SOUTH FOR A DISTANCE OF 167.57
FEET; THENCE WEST FOR A DISTANCE OF 103.06 FEET TO THE POINT OF BEGINNING; THENCE SOUTH
890 59' 20" WEST FOR A DISTANCE OF 182.26; THENCE SOUTH 000 00' 40" EAST FOR A DISTANCE OF
120.31 FEET; THENCE NORTH 890 59' 20" EAST FOR A DISTANCE OF 182.26 FEET; THENCE NORTH 000
00' 40" WEST FOR A DISTANCE OF 120.31 FEET TO THE POINT OF BEGINNING.
ORLDOCS 12955997 1 9
00C
Docp 1962037 Bkpp2634 7508 g81
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EXHIBIT B TO SPECIAL WARRANTY DEED
Permitted Exceptions
1. Reservations contained in Deed from the Trustees of the Internal Improvement
Fund of the State of Florida, filed March 29, 1960 in Book 180, Page 381 . Note:
The right of entry has been released pursuant to S270.11, F.S.
State of Florida Department of Administration Division of State Planning
Affidavit Regarding the Florida Keys Area of Critical State Concern recorded
August 13, 1976 in Book 668, Page 43.
Easement granted to The Utility Board of the City of Key West, Florida by
instrument recorded March 19, 2002 in Book 1769, Page 863.
4. Grant of Non -Exclusive Easement granted to Oceanside Development
Corporation, a Florida corporation and Oceanside Residential Condominium
Association, Inc., a Florida not -for -profit corporation by instrument recorded
March 19, 2002 in Book 1769, Page 1151.
5. Grant of Non -Exclusive Easement and Provider Agreement granted to Oceanside
Development Corporation, a Florida corporation and Oceanside Residential
Condominium Association, Inc., a Florida not -for -profit corporation by
instrument recorded March 19, 2002 in Book 1769, Page 1164.
6. The right, title or interest, if any, of the public to use as a public beach or
recreation area any part of the Land lying between the water abutting the Land
and the most inland of any of the following: (a) the natural line of vegetation; (b)
the most extreme high water mark; (c) the bulkhead line, or (d) any other line
which has been or which hereafter may be legally established as relating to such
public use. Terms and conditions of any existing unrecorded lease(s), and all
rights of lessee(s) and any parties claiming through the lessee(s) under the
lease(s).
7. Rights of the United States Government to that part of the Land, if any, being
artificially filled in land in what was formerly navigable waters arising by reason
of the United States Government control over navigable waters in the interest of
navigation and commerce.
8. Any adverse ownership claim by the State of Florida by right of sovereignty to
any part of the Land that is, as of the Date of Policy or was at any time previously,
under water (submerged).
Reservation(s) in favor of the Trustees of the Internal Improvement Fund of the
State of Florida contained in the Deed recorded November 16, 1964 in Book 325,
Page 595, as to: a. 3/4 interest in all phosphate, mineral and metal rights. b. 1/2
interest in all petroleum rights. c. Rights of exploration in conjunction with
ORLDOCS 129558971 10
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phosphate, mineral, metal and/or petroleum rights have been released pursuant to
Florida Statute 270. l 1(2).
10. Storm Sewer Easement to the State of Florida for the use and benefit of the State
Road Department of Florida recorded September 27, 1966 in Book 379, Page
1033.
11. Drainage Easement in favor of the State Road Department of Florida recorded
October 21, 1966 in Book 381, Page 225.
12. Reservation in favor of the Trustees of the Internal Improvement Fund of the
State of Florida contained in the Deed recorded January 29, 1970 in Book 446,
Page 255, as to: a. 3/4 interest in all phosphate, mineral, and metal rights b. 1/2
interest in all petroleum rights. c. Rights of exploration in conjunction with
phosphate, mineral, metal and/or petroleum rights have been released pursuant to
Florida Statute 270.11(2).
13. Reservation in favor of the Trustees of the Internal Improvement Fund of the
State of Florida contained in the Deed recorded March 26, 1973 in Book 534,
Page 198, as to: a. 3/4 interest in all phosphate, mineral, and metal rights. b. 1/2
interest in all petroleum rights. c. Rights of exploration in conjunction with
phosphate, mineral, metal and/or petroleum rights have been released pursuant to
Florida Statute 270.11(2).
14. Easement in favor of the Utility Board of the City of Key West recorded January
27, 1977 in Book 690, Page 313.
15. Reservation in favor of the Trustees of the Internal Improvement Fund of the
State of Florida contained in the Deed recorded December 6, 1985 in Book 959,
Page 2354, as to: a. 3/4 interest in all phosphate, mineral, and metal rights. b. 1/2
interest in all petroleum rights. c. Rights of exploration in conjunction with
phosphate, mineral, metal and/or petroleum rights have been released pursuant to
Florida Statute 270.11(2).
16. Grant of Non -Exclusive Access and Parking Easement Agreement in favor of
Oceanside Marina Condominium Association, Inc., as recorded July 1, 1997 in
Book 1464, Page 1517.
17. County Ordinance 10-77, providing for the annual levy on garbage and trash
collection fees to be assessed upon this parcel of land.
18. Grant of Easement (Launching) as recorded August 1, 2003 in Book 1915, Page
92.
19. Grant of Easement (Ingress, Egress, Utilities, Drainage, Encroachments and
Maintenance) as recorded August 1, 2003 in Book 1915, Page 100.
ORLDOCS 12955897 1 11
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20. All the covenants, conditions, restriction, easements, assessments and possible
liens, terms and other provisions of Declaration of Condominium and Exhibits
thereto, recorded August 11, 2003 in Book 1918, Page 1967, Public Records of
Monroe County, Florida, and as further amended, including, but not limited to one
or more of the following: provisions for private charges or assessments; liens for
liquidated damages; and/or option, right of first refusal or prior approval of a
future purchaser or occupant. NOTE: Developers Right of First Refusal was
terminated in Book 2201, Page 1282 and in Book 2212, Page 1604. (As to Condo
Parcels only)
21. County Resolution No. 265-2004, providing for the annual levy for wastewater
assessments recorded June 23, 2005 in Book 2126, Page 511.
22. Terms and conditions of the Monroe County Planning Commission Resolution
No. P21-07 recorded July 13, 2007 in Book 2308, Page 801.
MONROE COUNTY
ORLDOCS 12955897 1 12
OFFICIAL RECORDS
Exhibit# 2
OCEANSIDE INVESTORS, LLC
5950 - 5970 Penninsular Avenue
Stock Island, Florida
LEGAL DESCRIPTION
That parcel of land as more particularly described as follows: Doc
That37 1960
UPLAND TERMINUS BOUNDARY LINE:
A line being the Waterward Boundary Line as of July 1, 1975, lying in Hawk Channel in Section 36, Township
67 South, Range 25 East, Stock Island, Monroe County, Florida, and being more particularly described as
follows:
Commence at the Northeast Comer of Lot 3, Block 61, "George McDonalds Plat of a Part of Stock Island",
according to the plat thereof as recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, Florida;
thence South 00° 00' 00" East, along the East line of said Lot 3, a distance of 256.64 feet more or less to the
Waterward Boundary Line as of July 1, 1975, and the Point of Beginning of the herein described line; thence South
88' 44' 58" West, a distance of 58.05 feet; thence South 81' 26' 20" West, a distance of 13.41 feet; thence South 48'
22' 45" West, a distance of 7. 77 feet; thence South 09° 55' 20" West, a distance of 8.55 feet; thence South 00' 10'
09" West, a distance of 178.89 feet; thence South OP 46' 07" West, a distance of 53.90 feet; thence South 061 39'
38" West, a distance of 34.06 feet; thence North 80' 11' 10" West, a distance of 19.75 feet; thence North 060 04'
32" East, a distance of 30.53 feet; thence North 02' 25' 50" East, a distance of 53.34 feet; thence North 16° 29'47"
West, a distance of 23.38 feet; thence North 40' 25'19" West, a distance of 21.08 feet; thence North 63° 50' 22"
West, a distance of 18.30 feet; thence South 88' 24' 25" West, a distance of 48.58 feet; thence South 80° 34' 05"
West, a distance of 12.37 feet; thence South 81' 01' 04" West, a distance of 38.31 feet; thence South 770 16142"
West, a distance of 50.24 feet; thence South 68° 46' 49" West, a distance of 24.66 feet; thence South 41° 39' 38"
West, a distance of 17.34 feet; thence South 050 19' 44" West, a distance of 26.43 feet; thence South 00° 57' 38"
West, a distance of 45.02 feet; thence South 10° 31' 54" East, a distance of 26.49 feet; thence South 14° 28' 10"
East, a distance of 29.44 feet; thence South 34' 09'00" East, a distance of 10.17 feet; thence South 65° 59' 42" East,
a distance of 13.79 feet; thence South 86' 21'21" East, a distance of 27.69 feet; thence North 8° 00'36" East, a
distance of 46.24 feet; thence North 81' 58'32" East, a distance of 35.50 feet; thence South 87° 38'26" East, a
distance of 10.36 feet; thence South 00' 00'45" West, a distance of 38.74 feet; thence South 07' 17'00" West, a
distance of 50.37 feet; thence South OP 31' 11" West, a distance of 60.24 feet; thence South 03°09'56" East, a
distance of 56.98 feet; thence South 01°17'35" West, a distance of 67.93 feet; thence South 24°27'36" West, a
distance of 20.05 feet; thence North 70"07'27" West, a distance of 30.56 feet; thence North 39°29'04" West, a
distance of 35.34 feet; thence North 20°28'48" West, a distance of 25.13 feet; thence North 75°38'40" West, a
distance of 38.00 feet; thence North 45°33'20" West, a distance of 17.49 feet; thence North 23°30'00" West, a
distance of 28.68 feet; thence North 43°31'59" West, a distance of 14.41 feet; thence South 88°32'44" West, a
distance of 24.78 feet; thence South 71 °33'38 West, a distance of 41.80 feet; thence South 89°52'50" West, a
distance of 42.77 feet; thence South 82°14'18" West, a distance of 32.99 feet; thence South 73°17'44" West, a
distance of 19.18 feet; thence South 79°38'41" West, a distance of 26.35 feet; thence South 82"50'54" West, a
distance of 32.20 feet; thence South 88°27'31" West, a distance of feet 22.15; thence North 63°04'54" West, a
distance of 5.73 feet; thence South 56°22'23" West, a distance of 7.38 feet; thence South 85°25'56" West, a distance
of 43.08 feet; thence North 83°45'01" West, a distance of 31.16 feet; thence South 87' 16'53" West, a distance of
45.21 feet; thence South 86°20'31" West, a distance of 54.32 feet; thence South 88°07'13" West, a distance of 64.34
feet; thence North 89°56'25" West, a distance of 65.13 feet; thence North 88°59'04" West, a distance of 52.42 to the
Point of Terminus and the end of the herein described line.
PARCEL A:
On the Island of Stock Island, and being Lot One (1), Block Sixty (60) according to George L. McDonald's Map
of Lots One (1), Two (2), Three (3), Five (5) and Six (6) of Section Thirty Five (35), Lot Two (2) Section Thirty
Six (36), Lot Three (3) Section Twenty Six (26), and Lot Two (2) Section Thirty Four (34), Township Sixty
Seven (67) South, Range Twenty Five (25) East, recorded in Plat Book One (1 ), Page 55, Monroe County,
Florida Records.
AND ALSO
PARCEL B:
Docp 1962037
Bkp 2663 P9a 1961
Being at a point on the South boundary line of Peninsula Avenue, 382 feet distant and West of the intersection of
the South boundary line of Peninsula Avenue with the West boundary line of Maloney Avenue, from said Point of
Beginning, continue in a West direction along the South boundary line of Peninsular Avenue extended a distance
of 418 feet; thence at right angles and in a Southerly direction a distance of 520 feet; thence at right angles and in
an Easterly direction a distance of 600 feet; thence at right angles and in a Northerly direction a distance of 184
feet; thence meandering the high water line in a Northwesterly and Northeasterly direction a distance of 450 feet,
more or less, to the Point of Beginning and being in a subdivision of Lots 1, 2, 3, 5 and 6 of Section 35, Lot 2 of
Section 36, Lot 3 of Section 26, Lot 2 of Section 34, Township 67 South, Range 25 East, Monroe County, Florida.
ALSO
PARCEL C:
A parcel of submerged land in Hawk Channel in Section 36, Township 67 South, Range 25 East, Stock Island,
Monroe County, Florida, being more particularly described as follows:
Commencing at the Northeast corner of Lot 1, Block 60 of the Plat of STOCK ISLAND as recorded in Plat Book 1,
Page 55, Public Records of Monroe County, Florida; thence run West along the North line of said Lot 1 and the
Westerly extension thereof for a distance of 600 feet to the Northeast corner of a parcel of submerged land
conveyed by The Trustees of the Internal Improvement Fund Deed No. 19811, dated June 12, 1951; thence South
along the Westerly line of said parcel of submerged land conveyed by the Trustees, a distance of 520 feet to the
Southwest corner of said parcel for the Point of Beginning of parcel of submerged land hereinafter described;
thence continue South a distance of 251.6 feet; thence East a distance of 600 feet; thence North a distance of 251.6
feet to the Southeast comer of said parcel of submerged land conveyed by The Trustees of the Internal
Improvement Fund by Deed No. 19811; thence West along the South line of said parcel a distance of 600 feet,
more or less, to the Point of Beginning.
ALSO
PARCEL D:
On the Island known as Stock Island and described according to the George McDonald's plat of a part of Stock
Island, recorded in Plat Book 1, Page 55, Monroe County, Florida, as follows:
Lots Two (2) and Three (3) in Block Sixty (60).
ALSO
PARCEL E:
A parcel of formerly submerged land in Hawk Channel in Section 36, Township 67 South, Range 25 East,
Monroe County, Florida, more particularly described as follows:
Beginning at the Southeast corner of Lot 3, Square 60 of Plat titled "ALL LOTS 1, 2, 3, 5 and 6, SECTION 35,
LOT 3, SECTION 26; LOT 2, SECTION 34, STOCK ISLAND, TOWNSHIP 67 SOUTH, RANGE 25 EAST",
recorded in Plat Book 1, Page 55, Public Records of Monroe County, Florida, run South 435.6 feet; thence at
right angles run West 200 feet; thence at right angles run North 435.6 feet to the Southwest comer of Lot 2,
Square 60 of the above mentioned plat; thence meander the shoreline to an Easterly direction back to the Point of
Beginning.
ALSO
PARCEL F:
Doco 1962037
Bkp 2663 P90 1962
On the Island known as Stock Island and described according to George L. McDonald's plat of a part of said
Stock Island, recorded in Plat Book One (1), Page 55, Monroe County, Florida, as follows:
Lots One (1) and Two (2) in Block Sixty One (61), together with a parcel of submerged land in the Straits of
Florida, Section 36, Township 67 South, Range 25 East, located Southerly of and adjacent to Lots 1 and 2, Block
61, and described as follows: `
Begin at the intersection of the shoreline of Stock Island and the West line of said Lot 1, Block 61, according to
said Plat of STOCK ISLAND; thence South along the West line of said Lot 1, Block 61 (extended) a distance of
435 feet to a point; thence East a distance of 200 feet to a point in the East line of said Lot 2, Block 61 (extended);
thence North along the East line of Lot 2, Block 61 (extended) a distance of 475 feet, more or less to a point in the
Southerly shoreline of Stock Island; thence Westerly along the meanders of said Southerly shoreline a distance of
210 feet, more or less, back to the Point of Beginning.
PARCEL G:
Lot 3 in Block 61 of STOCK ISLAND as shown on Plat of said STOCK ISLAND made by George L. McDonald
and recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, Florida.
PARCEL H:
The portion of Maloney Avenue lying between Blocks 60 and 61 of George L. McDonald's Plat of a part of
STOCK ISLAND, as recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, Florida.
PARCEL I:
A parcel of formerly submerged land in Hawk Channel in Section 35, Township 67 South, Range 25 East, Monroe
County, Florida, and more particularly described as follows:
Commence at the Northeast comer of Block 60 of a PLAT OF STOCK ISLAND as recorded in Plat Book 1, Page
55, of the Public Records of Monroe County, Florida; thence South 280 feet to the Southeast corner of the said
Block 60 and the shoreline according to the said PLAT OF STOCK ISLAND and the Point of Beginning of the
parcel of land herein described; thence continue South 435.60 feet to a point; thence East 60 feet to a point; thence
North 435.60 feet to a point; thence West 60 feet back to the Point of Beginning.
ALSO
PARCEL J:
A parcel of land on the Island known as Stock Island, Monroe County, Florida, more particularly described by
the following metes and bounds description:
Commence at the Northwest comer of Lot 2, Block 60, according to George McDonald's Plat of said Stock Island
as recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, Florida; thence run South along
the West line of said Lot 2 and the extension of said West line, 715.60 feet to the Point of Beginning; thence
continue South, 56.0 feet; thence West 381.3 feet, more or less, to the Westerly face of an existing concrete pier;
thence Southerly along a line deflected 93000 left, 30 feet, more or less; thence along the Mean High Water Line
the following 15 courses: (NOTE: Missing call of East 376.50')
Thence 8700 deflected left (DL), 200 feet, more or less;
Thence 2700 deflected left, 30.00 feet, more or less;
Thence 38°30 deflected right, 18.5 feet, more or less; Doco 1962037
Thence 40*00 deflected left, 13.0 feet, more or less; Bk# 2663 Pg# 1963
Thence 46°50 deflected right, 45.0 feet, more or less;
Thence 72°00 deflected left, 75.5 feet, more or less;
Thence 2700 deflected right, 25.0 feet, more or less;
Thence 64°00 deflected right, 94.5 feet, more or less;
Thence 4720 deflected right, 52.5 feet, more or less;
Thence 3740 deflected left, 37.5 feet, more or less
Thence 54' 15 deflected left, 24.5 feet, more or less;
Thence 72°00 deflected left, 40.0 feet, more or less;
Thence 28*20 deflected left, 118.5 feet, more or less;
Thence 5690 deflected left, 231.9 feet, more or less;
Thence West, 378.80 feet back to the Point of Beginning.
LESS (CONDOMINIUM):
A parcel of land located in Section 36, Township 67 South, Range 25 East, Stock Island, Monroe County, Florida,
and being more particularly described as follows:
Commence at the Northeast corner of Lot 3, Block 61, GEORGE MCDONALD'S PLAT OF A PART OF STOCK
ISLAND, according to the plat thereof as recorded in Plat Book 1, Page 55, of the Public Records of Monroe
County, Florida; thence South for a distance of 265.88 feet; thence West for a distance of 100.00 feet; thence South
for a distance of 339.68 feet; thence West for a distance of 67.20 feet to the Point of Beginning; thence meander the
approximate Mean High Water Line for the following twenty-two (22) metes and bounds; thence South 040 53114"
West, a distance of 50.44 feet; thence South 03' 31'10" West, a distance of 60.33 feet; thence South 040 56157"
East, a distance of 108.26 feet; thence South 06° 27'03" West, a distance of 123.44 feet; thence South 570 33'15"
West, a distance of 86.74 feet; thence South 81 ° 19'27" West, a distance of 44.77 feet; thence North 74° 55'09"
West, a distance of 14.27 feet; thence North 38' 1422" East, a distance of 83.55 feet; thence North 21' 12'00" East,
a distance of 20.97 feet; thence North 28° 26'29" East, a distance of 45.45 feet; thence North 08' 28'07" East, a
distance of 14.52 feet; thence North 44' 57'55" West, a distance of 32.0 feet; thence North 45" 09' 29" West, a
distance of 12.09 feet; thence South 87° 09' 32" West, a distance of 29.15 feet; thence North 75° 12'35" West, a
distance of 17.77 feet; thence North 23' 09' 22" West, a distance of 52.43 feet; thence South 89' 35'35" West, a
distance of 7.15 feet; thence North 00' 10' 56" East, a distance of 7.23 feet; thence South 79' 00' 39" West, a
distance of 63.72 feet; thence North 79' 00'34" West, a distance of 28.33 feet; thence South 77° 00' 5 1 " West, a
distance of 80.86 feet; thence North 88' 49' 09" West, a distance of 41.75 feet; thence leaving the said Mean High
Water Line for a distance of 103.41 feet; thence East for a distance of 81.33 feet; thence North for a distance of
12.00 feet; thence East for a distance of 157.53 feet to a point of curvature of a curve concave to the Northwest;
thence left along the said curve, having for its elements a radius of 32.00 feet and a central angle of 90° 00' 00" for
a distance of 50.27 feet to a point of tangency, thence North for a distance of 36.77 feet; thence East for a distance
of 106.74 feet to the Point of Beginning.
LESS THE FOLLOWING PIERS:
NORTH PIER:
On Stock Island, Monroe County, Florida, and is a parcel of submerged land lying South of Block 60, according to
Geo. McDonald's Plat of Stock Island as recorded in Plat Book 1, Page 55, of the Public Records of Monroe
County, Florida; and the said Parcel being described by metes and bounds as follows:
Commence at the point of intersection of the centerline of Maloney Avenue with the centerline of Peninsular
Avenue; thence South along the centerline of Maloney Avenue and the Southerly extension thereof for a distance
Doc" 1962037
Bk" 2663 P9" 1964
of 290.23 feet to a point; thence West 228.63 feet to the Point of Beginning of the parcel of land being described
herein; thence South for a distance of 109 feet to a point; thence West for a distance of 390.55 feet to a point;
thence South 03' 11' 40" East for a distance of 5.17 feet to a point; thence South 86' 48' 20" West for a distance of
33.50 feet to a point; thence North 03° 11' 40" West for a distance of 119.9 feet to a point; thence North 86' 48'
20" East for a distance of 33.50 feet to a point; thence South 03° 11' 40" East for a distance of 5.49 feet to a point;
thence East for a distance of 398.11 feet back to the Point of Beginning.
MIDDLE PIER:
On Stock Island, Monroe County, Florida, and is a parcel of submerged land lying South of Block 60, according to
Geo McDonald's Plat of Stock Island as recorded in Plat Book 1, Page 55, of the Public Records of Monroe
County, Florida; and the said parcel being described by metes and bounds as follows:
Commence at the point of intersection of the centerline of Maloney Avenue with the centerline of Peninsular
Avenue; thence South along the centerline of Maloney Avenue and the Southerly extension thereof for a distance
of 290.23 feet to a point; thence West 228.63 feet to a point; thence South for a distance of 191.89 feet to the Point
of Beginning of the parcel of land being described herein; thence continue South for a distance of 127 feet to a
point; thence West for a distance of 348.48 feet to a point; thence South 03° 11' 40" East for a distance of 13.19
feet to a point; thence South 86' 49' 20" West for a distance of 45 feet to a point; thence North 03' 11' 40" West for
a distance of 16 feet to a point; thence South 86' 48' 20" West for a distance of 20 feet to a point; thence North 03'
11' 40" West for a distance of 125 feet to a point; thence North 86' 48' 20" East a distance of 20 feet to a point;
thence North 03' 11' 40" West a distance of 16 feet to a point; thence North 86' 48' 20" East a distance of 45 feet
to a point; thence South 03' 11' 40" East for a distance of 16.61 feet to a point; thence East for a distance of 355.66
feet to the Point of Beginning.
LESS THE FOLLOWING PIER:
SOUTH PIER:
On Stock Island, Monroe County, Florida, and is a parcel of submerged land lying South of Block 60, according to
Geo. McDonald's Plat of Stock Island, as recorded in Plat Book 1, Page 55, of the Public Records of Monroe
County, Florida, and the said parcel being described by metes and bounds as follows:
Commence at the point of intersection of the centerline of Maloney Avenue with the centerline of Peninsular
Avenue; thence South along the centerline of Maloney Avenue and the Southerly extension thereof for a distance
of 290.23 feet to a point; thence West 228.63 feet to a point; thence South for a distance of 416.99 feet to Point of
Beginning of the parcel of land being described herein; thence continue South for a distance of 97 feet to a point;
thence West for a distance of 408.80 feet to a point; thence North 03" 114 0" West for a distance of 115 feet to a
point; thence North 86° 48' 20" East for a distance of 38.34 feet to a point; thence South 03' 11' 40" East for a
distance of 20 feet to a point; thence East for a distance of 375.82 feet back to the Point of Beginning.
LESS THE FOLLOWING PARCEL:
DRY STORAGE:
A parcel of land located in Section 36, Township 67 South, Range 25 East, Stock Island, Monroe County, Florida,
and being more particularly described as follows:
Commence at the Northeast corner of Lot 3, Block 61, GEORGE MCDONALDS PLAT OF A PART OF STOCK
ISLAND, according to the plat thereof as recorded in Plat Book 1, Page 55, of the Public Records of Monroe
County, Florida; thence South for a distance of 167.57 feet; thence West for a distance of 103.06 feet to the Point of
Beginning; thence South 89' 59' 20" West for a distance of 182.26; thence South 00' 00' 40" East for a distance of
120.31 feet; thence North 89° 59' 20" East for a distance of 182.26 feet; thence North 00' 00' 40" West for a
distance of 120.31 feet to the Point of Beginning.
RE and Alternative Key Numbers
RE Numbers
Alternative Key Numbers
00127420-000100
8884257
00127420-000000
1161624
DocO 1962037
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Exhibit# 4
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OFFICIAL RECORDS
FILE # 9 6 4 8 5 2
BK#1 4 2 0 PG#2 1 3 4
RCD Sep 06 1996 11:59AM
DANNif L KOLRAGE, CLERK
Doe# 1962037
Bk# 2663 P9# 1968 9c
MONROE COUNTY, FLORIDA
MINOR'CONDITIONAL USE DEVELOPMENT ORDER #12-96
A DEVELOPMENT ORDER GRANTING THE REQUEST OF
SCOTT OROPEZA FOR A MINOR CONDITIONAL USE TO
CONSTRUCT A 9,600 SQ. FT. BUILDING TO BE USED
FOR STORAGE ON PROPERTY DESCRIBED AS LOTS 1,
2, AND 3, BLOCK 61, MALONEY SUBDIVISION,
STOCK ISLAND, SECTION 35, TOWNSHIP 67 SOUTH,
RANGE 25 EAST, STOCK ISLAND, MONROE COUNTY,
FLORIDA, APPROXIMATE MILE MARKER S. THE LAND
USE DESIGNATION IS MIXED USE AND THE REAL
ESTATE NUMBER IS 0127420-000100.
WHEREAS, Scott Oropeza is the owner of real property de-
scribed as Lots 1, 2, and 3, Block 61, Stock Island, Monroe Coun-
ty, Florida and having real estate number 0127420-000100 ; and
WHEREAS, Scott Oropeza applied for a minor conditional
use approval. to construct a 9,600 sq. ft. building to be used
for storage on the above -described property; and
WHEREAS, the above -described property is located in the
Mixed Use land use district; and
WHEREAS, on July.9, 1996, the Development Review Committee
of Monroe County, Florida, in accordance with the provisions of
Sections 9.5-24 and 9.5-68 of the Monroe County Land Development
Regulations, met to review the request of Scott Oropeza; and
WHEREAS, the Development Review Committee reviewed the fol-
lowing documents relevant to Scott Oropeza's request:
1. Application for Development Approval filed by Scott
Oropeza, including a sealed site plan drawn by Gonzalez
Architects and dated April 10, 1996, a survey prepared by
Frederick H. Hildebrandt on November 3, 1995, drainage
plans and calculations prepared by Frederick H. Hildebrandt
0 on April 10, 1996, and a Level 1 traffic study prepared by
Kimley-Horn and Associates, Inc.; and
page 1
MOROPEZ.04/TXTDR,072096,91091 Tnitin7 },1
Doe# 1962037 FILE # S 6 4 8
Bkp 2663 Pg# 1969
74* $K#1 4 2 0 PG#2 1 3 5
2. Staff report submitted by Jill Jernigan, Monroe County De-
velopment Review Planner and Dianna Stevenson, Monroe Coun-
10 ty Biologist dated June 24, 1996 to the Development Review
Committee recommending approval with conditions; and
3. Coordination letters from the following agencies:
a) City Electric System dated May 24, 1996;
b) Florida Department of State, Division of Historic Re-
sources dated May 28, 1996;
c) Florida Keys Aqueduct Authority dated May 16, 1996;
d) Florida Department of Health and Rehabilitative Servic-
es dated May 17, 1996;
e) Monroe County Recycling Department dated May 23, 1996;
f) Monroe County Fire Marshall dated May 14, 1996; and
WHEREAS, based on the information and documentary evidence
submitted, the Development Review Committee made the following
findings of fact and conclusions of law:
1. Based on the drainage plans submitted by the applicant, it
appears that all stormwater will be retained on site. How-
ever, until the drainage calculations are reviewed by the
County Engineer, compliance cannot be determined; and
2. The applicant did not submit a written explanation of how
construction debris is to be stored and removed from the
project site. Therefore, the proposal is not in compliance
with Sec. 8-85 of the Monroe County Code; and
3. It is the policy of Monroe County to not issue new permits
for nonresidential development until Policies 101.3.5 and
101.5.5 of the Year 2010 Comprehensive Plan are implemented
unless the development is federally tax exempt or is vested
pursuant to Policy 101.18.2 of the Year 2010 Comprehensive
Plan. Based on the fact that the proposed development is
nonresidential in nature, has not received a determination
of vested rights and is not federally tax exempt, we find
that the applicant is subject to the provisions of Policy
101.5.5. Therefore, we conclude that once Policies 101.3.5
and 101.5.5 are implemented, the proposed development will
be subject to the nonresidential rate of growth ordinance.
WHEREAS, the Development Review Committee, based on its
findings of fact, recommended that the Planning Director grant
minor conditional use approval to Scott Oropeza with condi-
tions; and
WHEREAS, the Planning Director has duly considered the rec-
ommendation of the Development Review Committee and the informa-
tion and documentary evidence submitted; and
0
page 2
MOROPEZ.04/TXTDR,072096,91091 Initiai'A
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Doca 962037 FILE # 4 6 4 a 5 2
Bka 2663 Pga 19704� B K# 1 4 2 0 P G# 2 1 3 6
WHEREAS, the Planning Director supports the recommendation
of the Development Review Committee to approve with conditions
the minor conditional use application submitted by Scott
Oropeza; and
WHEREAS, the record established, the testimonies offered,
and the evidence submitted support the findings of fact adopted
by the Development Review Committee; NOW THEREFORE,
BE IT RESOLVED BY THE PLANNING DIRECTOR OF MONROE COUNTY, FLORI-
DA, that:
The application for a minor conditional use approval sub-
mitted by Scott Oropeza for a 9,600 sq. ft. building to be
used for storage, located on property described as Lots 1, 2,
and 3, Block 61, Stock Island, Section 35, Township 67 South,
Range 25 East, Tallahassee Meridian, Stock Island, Monroe Coun-
ty, Florida is hereby APPROVED, with the following conditions:
1) Prior to the issuance of a building permit, the final plans
shall be reviewed by the County Engineer for compliance
with Sec. 9.5-293, Surface Water Management.
2) Prior to the issuance of a building permit, the applicant
shall provide the Building Department with a written expla-
nation of how construction debris is to be stored and re-
moved from the site.
5) Prior to the issuance
shall either gain an
mit allocation system
rights.
Date 7��3�96
of a building permit, the applicant
allocation in the nonresidential per -
or receive a determination of vested
`Timothy J. MCGarr�() AICP
Director'of Planning
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State of Florida and in the County of
Monroe, to take acknowledgments, personally appeared Timothy J.
McGarry, known to me to be the person described in and who exe-
cuted the foregoing instrument and he acknowledged before me
that he executed the same.
WITNESS my hand and official seal in the Count x and State
last aforesaid this 1 ,3 day of .`lai-V ( � (a
r
NOTAR PU LIC, STATE OF FLORIDA
_—UrITIAL NVIA"r bEAL
MARY DIAN.VE BAIR
NCYPARY PUBI IC STATE OF FWPIDA
COMMISSION No. CC313209
page 3 MY COMMISSION EXP. sayr ii i5<r
MOROPEZ.04/TXTDR,072096,91091
Initia
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BkO 2663 Pg# 1971
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NOTICE
Section
9.5-72.(a) of Monroe County Code
states
that a condition-
al use
permit shall not be transferred to a
successive owner
without
notification to the Development
Review
Coordinator with-
in five
(5) days of the transfer.
Under the authority of Section 9.5-72(a) of the Monroe County
Land Development Regulations, this development order shall be-
come null and void, with no further notice required by the Coun-
ty, unless a complete building permit application for site prepa-
ration and building construction with revised plans as required
herein is submitted to the Monroe County Building Official with-
in six (6) months of the expiration of the Department of Communi-
ty Affairs appeal period or the date when the Department of Com-
munity Affairs waives its appeal and all required certificates
of occupancy are procured within three (3) years of the date
this development order is approved by the Planning Director.
If this development order is appealed under the Monroe County
code or by the Department of Community Affairs, the above time
limits shall be tolled until the appeals are resolved.
This instrument shall not take effect for thirty (30) working
days following the date of memorialization thereof, and during
that time permit shall be subject to appeal as provided in Sec-
tion 9.5-521 of the Monroe County land development regulations.
An appeal shall stay the effectiveness of this instrument until
resolved.
In addition, please be advised that pursuant to Chapter 9J-1,
Florida Administrative Code, this instrument shall not take ef-
fect for forty five (45) days following the rendition to the
Florida Department of Community Affairs. During that forty-five
days, the Florida Department of Community Affairs may appeal
this instrument to the Florida Land and Water Adjudicatory Com-
mission, and that such an appeal stays the effectiveness of this
instrument until the appeal is resolved by agreement or order.
The implementation of the Monroe
Plan may affect the ability of th
visions of this development order.
MOROPEZ.04/TXTDR,072096,91091
e
County Year 2010 Comprehensive
applicant to fulfill the pro-
page 4
MONROE COUNTY
OFFICIAL RECORDS
Initial
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Exhibit# 5
FILE # 3. 1 4 0 8 3 4 RCD At
MONROE COUNTY BK# 1 5 9 3 PG# 6 2 3 DANNY
OFFICIAL RECORDS
RESOLUTION NO. P52-97
A RESOLUTION BY THE MONROE COUNTY PLANNING COM-
wo
MISSION APPROVING WITH CONDITIONS THE REQUEST
a a
OF DOUGLAS WALKER, FOR AN AMENDMENT TO A MAJOR
n�
CONDITIONAL USE TO CONSTRUCT TWENTY-TWO (22)
w
ATTACHED DWELLING UNITS (2-LEVEL, 2BR CONDOMINI-
m
UM UNITS AT 1,480 S.F. EACH); ONE (1) SWIMMING
m W
POOL; A 372 S.F. POOL HOUSE & OFFICE; A 120 S.F.
st
OBSERVATION GAZEBO WITH AN ASSOCIATED WALKWAY; A
22,000 S.F. BOAT STORAGE BUILDING; A 2,485 S.F.
ADDITION TO THE EXISTING SAILFISH RESTAURANT;
^3
AND RENOVATIONS TO THE BAIT SHOP, THE DOCK MAS-
TER'S OFFICE AND THE FUEL TANKS ON PROPERTY
DESCRIBED AS LOTS 1, 2, AND 3, BLOCK 60, AND
PART OF LOTS 1 AND 2, BLOCK 61, MALONEY SUBDIVI-
SION, STOCK ISLAND, MONROE COUNTY, FLORIDA, MILE
MARKER 5. THE LAND USE DESIGNATION IS MIXED USE
(MU) AND THE REAL ESTATE NUMBER IS 00127420.
WHEREAS, during a regular meeting held on July 10, 1997,
the Monroe County Planning Commission conducted a public hearing
on the request filed by Douglas Walker for an amendment to a
major conditional use to Oceanside Marina; and
WHEREAS, the proposed development is located on property
legally described as lots 1, 2, and 3, Block 60, and part of lots
1 and 2, Block 61, Maloney Subdivision, Stock Island, Monroe
County, Florida; and
WHEREAS, the above -described property is located in the
Mixed Use (MU) land use district; and
WHEREAS, the Planning Commission was presented with the
following evidence, which by reference is hereby incorporated as
a part of the record of said hearing:
1. The Major Conditional Use Permit Application received
by Monroe County Planning Department on February 3, 1997
including a site plan dated January 24, 1997, a survey
dated January 30, 1997, elevation drawings dated January
24, 1997, a revised level 3 traffic study dated June 6,
1997, a revised site plan dated July 3, 1997; and
2. The staff report prepared by Edward Koconis, Development
Review Planner and Ralph Gouldy, Environmental Planner
dated June 12, 1997; and
page 1 of 4
AMWALKER.16/TXTDR, #97021 Initials 7zx
FILE #1140834
BK# 1 5 9 3 PG# 6 2 4
The amendment to the staff report prepared by Edward
Koconis, Development Review Planner and Ralph Gouldy,
Environmental Planner dated June 26, 1997; and
�. 4. The sworn testimony of the Growth Management Staff; and
5. The presentation by Jose Gonzalez of Gonzalez Archi-
tects, agent for the applicant; and
WHEREAS, the Planning Commission has made the following
Findings of Facts and Conclusions of Law based on the evidence
presented:
Based on the site plan, we find that the applicant is propos-
ing an increase in the commercial floor area developed on the
site. Therefore, we conclude that the proposed commercial
development is subject to Objective 101.3 of the Year 2010
Comprehensive Plan and must receive allocations in the non-
residential permit allocation system or receive a determina-
tion of vested rights; and
2. Based on the application, we find that 22 residential units
are being proposed. Therefore, we conclude that the residen-
tial units are subject to the provisions of sections 9.5-120
through 124, the Rate of Growth Ordinance (ROGO) which re-
quires that the dwelling units be granted allocations prior
to building permits being issued; and
3. Based on the site plan, the applicant is proposing 22 dwell-
ing units which is the maximum net density permitted on the
site pursuant to Section 9.5-262 of the Monroe County Code.
Therefore, we conclude that 18.31 Transferable Development
Rights (TDRs) are needed in order to construct the proposed
development; and
4. Based on the application, the applicant is requesting a waiv-
er of the shoreline setback to add a second floor and veran-
das to the existing tackle shop and dock master office which
are located within the shoreline setback. We conclude that
there is not sufficient justification to waive the setback to
add the second floors. However, a waiver of the shoreline
setback is justified for renovations only due to the exis-
tence of these structures within the shoreline setback, the
fact that renovations to the buildings will not increase the
impermeable area within the setback and the fact that mea-
sures will be taken to channel runoff away from the
waterbody; and
5. Based on the revised site plan, the residential structures
and restaurant conform to the height limit of 351. While
acceptable structure heights have been submitted in the form
of a letter, heights of all structures must be included on
revised plans. Therefore, we conclude that the project is
not in compliance with Section 9.5-283; and
�4„ page 2 of 4
AMWALKER.16/TXTDR, #97021 Initial s
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6. Based on a meeting with the applicant, the applicant has
stated that no more than 205 boats will be in dry slips,
however, the number of dry slips in these buildings has not
been indicated on the plans. Therefore, we conclude that the
project is in compliance with Section 9.5-351 as long as the
entire site has no more than 205 boats stored in dry slips;
and
Pq
7. Based on the application, we find that the required � H
stormwater management plan, including the calculations, has
not been submitted. Therefore, we conclude that until the
County Engineer approves the plan, the project is not in
compliance with Section 9.5-293; and
8. Based on the community impact report, we find that the appli-
cant has proposed to abandon the existing sewage treatment .�
plant and replace it with a package sewage system. The appli- LT
cant has initiated coordination with the Florida Department QtiW
of Environmental Protection (DEP) but has not received a DEP N permit. Therefore, we conclude that compliance cannot be
determined with Section 9.5-294 until an approved application U1
from DEP is submitted; and
9. Based on the boundary survey, elevation plans, and the re-
vised site plan, we find that the lowest supporting beam of
Moo
n a
two (2) structures (condominium buildings) located in a VE
N
(high -hazard area) zone is not elevated to the proper height.
ww
Therefore, we conclude that the project is not in compliance
with Section 9.5-317; NOW THEREFORE,
(9
to-4
BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY,
4
FLORIDA, that the preceding Findings of Fact and Conclusions of
p
Law, support their decision to APPROVE the Major Conditional
Use request of Douglas Walker for Oceanside Marina with the fol-
lowing conditions:
1. If vesting is not granted the project shall be subject to the
existing commercial moratorium.
2. 18.31 TDRs shall be approved as a minor conditional use prior
to the submission of a building permit for the construction
of the four (4) condominium buildings.
3. Plans indicating the heights of all structures with points of
reference shall be submitted to the Planning Department prior
to approval of the Planning Commission Resolution.
4. Boat storage shall be limited to 205 dry slips.
5. The stormwater management plan and calculations shall be sub-
mitted and approved by the County Engineer prior to the issu-
ance of a Building Permit.
page 3 of 4
AMWALKER.16/TXTDR, #97021 Initials
r ' r
IM
6. Plans indicating finished floor elevations of all structures
shall be submitted to the Planning Department and all struc-
tures shall conform to the Flood Management Criteria of Sec-
tion 9.5-317 prior to approval of the Planning Commission
Resolution.
7. A waiver is granted for renovations to the tackle shop, dock
master's office and fuel tank structure provided that the
roofs have gutters installed to channel runoff away from the
water in accordance with the stormwater management plan. No
waiver is granted for second floor additions to any building
within the shoreline setback.
8. A permit from Department of Environmental Protection for the
proposed package sewage system shall be submitted to the
Planning Department prior to the issuance of a Building Per-
mit.
9. All residential units are subject to the Residential Rate of
Growth Ordinance.
PASSED AND ADOPTED by the Planning Commission of Monroe
County, Florida, at a regular meeting held on the loth day of
July, 1997.
Chair Hansley Y
Vice -Chair Nugent Y
Commissioner Chaplin Y
Commissioner Mannillo Y
Commissioner Gorsuch Y
AppR PLANNING COMMISSION OF
AND L S Cy MONROE COUNTY, FLORIDA
BY BY
ttomq-sOAUD Efilly Gorsuch, Chair
Signed h' s / k� day of gu ,-Vs % , 1999.
MONROE COUNTY
OFFICIAL RECORDS
�W page 4 of 4
AMWALKER.16/TXTDR, #97021
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Exhibit# 6
Docp 1652965 07/13/2007 3:36PM
Filed & Recorded in Official Records of
MONROE COUNTY DANNY L. KOLHAGE Docp 1652---
BkN 2308 Pg# 801
Doca 1962037
ti Skp 2663 P9N 1976
PLANNING COMMISSION RESOLUTION NO. P21-07
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION APPROVING THE REQUEST BY KINGS
POINTE MARINA, LLC, FOR AN AMENDMENT TO A
MAJOR CONDITIONAL USE PERMIT; REMOVING AN
EXISTING MAINTENANCE, SALES OFFICE & TACKLE
SHOP (2,870 FT2), BATH HOUSE (1,232 FT2), WAREHOUSE
(9,600 FT2), DOCK MASTER BUILDING (660 FT2), AND
DRY BOAT STORAGE BUILDING (30,090 FT2);
CONSTRUCTING THIRTY — TWO (32) NEW, ATTACHED
MARKET RATE UNITS FOR VACATION RENTAL USE;
ADDING TWO (2) NEW BOAT BARNS (53,040 FT2), EIGHT
(8) WET SLIPS, A RETAIL SHOP/ DOCK MASTERS OFFICE
AND BAIT HOUSE INCLUDING SHOWER FACILITIES
(2,625 FT2) INTENDED FOR USE BY WET SLIP OWNERS;
CONSTRUCTING AN OUTDOOR BAR ADDITION (735
FT2), FLOOD PROOF STORAGE (2,160 FT2) UNDER THE
EXISTING FORMER RESTAURANT BUILDING ;
PROVIDING FOR A GATED ENTRANCE; PROVIDING FOR
CONDITIONS; ALL ON PROPERTY LEGALLY
DESCRIBED AS LOTS 1,2, 3 & ADJ BAY BOTTOM,
SQUARE 60; PART LOTS 1,2,3 & ADJ BAY BOTTOM,
SQUARE 61 PART MALONEY AVE VACATED & FILLED
BAY BOTTOM ADJACENT TO MALONEY AVE, & PART
ADJ PARCEL; UNIT J-4, J-6, J-9, J-11, J-12, & 5/52%
COMMON ELEMENTS OCEANSIDE EAST DRY STORAGE
CONDOMINIUM, STOCK ISLAND, MONROE COUNTY,
FLORIDA HAVING REAL ESTATE NUMBERS
00127420.000601 THROUGH 00127420.000675,
00127440.000100 THROUGH 00127440.002500,
00127420.000000, 00127420.000100 AND 00127430.000101
THROUGH 00127430.000211, AT APPROXIMATE MILE
MARKER 5.
'vVHEREAS, during a regularly scheduled public meeting held on April 11, 2007, the
Monroe County Planning Commission conducted a review and consideration of the request filed
P21-07 Page 1 of 8
Kings Pointe Marina
Amendment to a Major Conditional Use
Doc# 1652965
Bkp 2308 P94 802
by Kings Pointe Marina LLC for an amendment to a major conditional use permit pursuant to
Monroe County Code (MCC) §9.5-69; and
WHEREAS, the Applicant's predecessor in interest obtained a conditional use permit for
this property pursuant to Planning Commission Resolution P52-97 signed August 18, 1999 for
the construction of twenty-two (22) attached permanent market rate dwelling units; one (1)
swimming pool; a 372 ft2 pool house; a 120 ft2 observation gazebo; a 22,000 ft2 boat storage
building; a 435 ft2 addition to an existing 225 ft2 dock master's office; a 1,670 ft2 addition to an
existing tackle shop and a 2,485 f12 addition to an existing restaurant; and
WHEREAS, the Applicant is proposing to amend the Conditional Use in order to
REMOVE an existing maintenance, sales office & tackle shop (2,870 ft2), bath house (1,232 ft2),
warehouse (9,600 ft2), dock master building (660 ft2), and dry boat storage building (30,090 ft2);
and CONSTRUCT thirty — two (32) new, attached market rate units for vacation rental use; add
two (2) new boat barns (53,040 ft2), Eight (8) Wet slips, a retail/ dock masters office and bait
house including shower facilities (2,625 ft2) intended for use by wet slip owners; an outdoor bar
addition (735 R2); flood proof a storage area (2,160 ft2) under the existing vacant restaurant
building, privatize a new operational restaurant and provide a gated entrance; and
and WHEREAS, the subject property is located at 5970 Peninsular Avenue, Stock Island;
WHEREAS, the above described property is located in the Mixed Use (MU) land use
district and has the corresponding Mixed Use/Commercial (MC) future land use map
designation; and
WHEREAS, the item was heard at a regularly scheduled meeting of the Development
Review Committee on March 19, 2007; and
WHEREAS, the Planning Commission was presented with the following evidence,
which by reference is hereby incorporated as part of the record of said hearing:
1) The Application for an Amendment to a Major Conditional Use received by the Monroe
County Planning and Environmental Resources Department, including the plans and
surveys listed in attachment A;
2) The staff report prepared by Julianne Thomas, Planner dated April 2, 2007, with
attachments, said attachments including a Chapter 380 Agreement between Overseas
Redevelopment Company, Monroe County and the Florida Department of Community
Affairs, and a Memorandum dated March 10, 2007, to Andrew Trivette, Acting Director
of Growth Management from the County Attorney;
3) The sworn testimony of the Growth Management Division Staff;
4) The sworn testimony of the Applicant and Applicant's witnesses;
5) Sworn testimony by the public;
6) Exhibits provided by the Applicant; and
P21-07 Page 2 of 8
Kings Pointe Marina
Amendment to a Major Conditional Use
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WHEREAS, the Planning Commission heard argument and explanation from Tim
Koenig, attorney for the Applicant; and
WHEREAS, advice and counsel were provided by Susan Grimsley, Assistant County
Attorney and by John Wolfe, Attorney for the Planning Commission; and
WHEREAS, MCC § 9.5-65 provides the standards which are applicable to all
conditional use permits which are as follows:
Sec. 9.5-65. Standards applicable to all conditional uses.
When considering applications for a conditional use permit, the director of planning and the
planning commission shall consider the extent to which:
(a) The conditional use is consistent with the purposes, goals, objectives and standards of the
plan and this chapter;
(b) The conditional use is consistent with the community character of the immediate vicinity
of the parcel proposed for development;
(c) The design of the proposed development minimizes adverse effects, including visual
impacts, or the proposed use on adjacent properties;
(d) The proposed use will have an adverse effect on the value of surrounding properties;
(e) The adequacy of public facilities and services, including but not limited to roadways, park
facilities, police and fire protection, hospital and Medicare services, disaster preparedness
program, drainage systems, refuse disposal, water and sewers, judged according to
standards from and specifically modified by the public facilities capital improvements
adopted in the annual report required by this chapter;
(f) The applicant for conditional use approval has the financial and technical capacity to
complete the development as proposed and has made adequate legal provision to
guarantee the provision and development of any open space and other improvements
associated with the proposed development;
(g) The development will adversely affect a known archaeological, historical or cultural
resource;
(h) Public access to public beaches and other waterfront areas is preserved as a part of the
proposed development; and
(1) The proposed use complies with all additional standards imposed on it by the particular
provision of this chapter authorizing such use and by all other applicable requirements of
the Monroe County Code.
WHEREAS, the Planning Commission has determined that the application meets the
standards required .in MCC § 9.5-65by the design submitted and by the assignment of the
conditions of this resolution; and
WHEREAS, the Staff report recommends that any new development on the Kings Pointe
site incorporate appropriate noise reduction and protection methods.
WHEREAS, after consideration of the testimony and evidence presented, the Planning
Commission makes the following findings of Fact and Conclusions of Law:
P21-07 Page 3 of 8
Kings Pointe Marina
Amendment to a Major Conditional Use
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1. The 32 ROGO units, including development rights, may be transferred according to the
terms of the 380 Agreement from Overseas Redevelopment Company, LLC to the Kings
Pointe project according to the terms of that Agreement, which allows transfer after a
building permit is issued for the Affordable Units to be built at Overseas Trailer Park.
This transfer will provide compliance for MCC §9.5-120 and §9.5-265.
2. Vacation Rental Use is allowed because it is not specifically prohibited as it is in other
provisions of the MU zoning regulations, it can be regulated as part of this conditional
use process, and is therefore allowed pursuant to other terms and conditions as set forth in
the MCC governing vacation rentals. This finding brings the project into compliance
with MCC §9.5-248.
3. The project is in compliance with Minimum Yards (MCC §9.5-281) as a variance request
was approved to reduce the front yard setback from twenty-five (25) feet to twenty (20)
feet for 260 feet of the frontage along Peninsular Avenue as stated in Planning
Commission Resolution P19-07.
4. The project is in compliance with Parking Standards (MCC §9.5-352) because a variance
request was approved reducing the number of off-street parking spaces from 322 spaces
to 272 spaces and approving this request as stated in Planning Commission Resolution
P20-07 .
5. Pursuant to MCC §9.5-354, the property is required to have two (2) 11' x 55' loading
and unloading zones.
Affordable housing criteria pursuant to MCC §9.5-266 are met by the terms of the 380
Agreement requiring 49 units of Affordable Employee Housing to be built at property
commonly known as the Overseas Trailer Park, legally described as Lots 1-20, Maloney
Subdivision, Stock Island, Monroe County, Florida, having Real Estate Numbers:
00125350.000000 and 00125360.000100, according to the terms of the Agreement, over
riding any phasing requirements or simultaneous building at any location including Kings
Pointe for purposes of this application..
7. The conditional use does not violate the Interim Development Ordinance concerning
working waterfronts because there is no further limitation on use by the public and
therefore does not diminish public access nor result in the loss of working waterfront.
The restaurant has not been functional for several years, the boat ramp will be accessible
by the public, there will be some boat and trailer parking, gating will be done for security
after work hours, and repair work may be done on site by mobile repair services.
Compliance with the following standards imposed on this conditional use application by
the Land Development Regulations pursuant to MCC §9.5-65(i) will be determined by
the Building Department upon submittal for a building permit to the Building
Department:
P21-07 Page 4 of 8
Kings Pointe Marina
Amendment to a Major Conditional Use
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1) Floodplain Management (MCC §§9.5-316 & 317) ;
2) Outdoor lighting (MCC §§9.5-391 - 393);
3) Handicap Accessibility (Chapter 11, Florida Building Code);
4) Air Installation Compatible Use Zone (AICUZ) Building Requirements
required by the AICUZ applicable at he time of the major conditional use
application.
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
MONROE COUNTY, FLORIDA;
Section 1. The request by Kings Pointe Marina LLC for an amendment to a major conditional
use permit for the following is APPROVED subject to the conditions in Section 2:
1. Removal of an existing maintenance, sales office & tackle shop (2,870 ft2), bath house (1,232
ft'), warehouse (9,600 ft2), dock master building (660 ft'), and dry boat storage building (30,090
ft2).
2. Construction of thirty — two (32) new, attached market rate units for vacation rental use;
addition of two (2) new boat barns (53,040 ft2), Eight (8) Wet slips, a retail shop/ dock masters
office and bait house including shower facilities (2,625 ft2) intended for use by wet slip owners;
an outdoor bar addition (735 ft2), flood proof storage (2,160 ft2) under the existing restaurant and
a gated entrance.
Section 2. The Approval is SUBJECT TO THE FOLLOWING CONDITIONS:
If the site is gated, the following conditions shall be met:
a. The gate shall be open, at a minimum, one (1) hour prior to
sunrise and stay open until (1) hour past sunset to provide
for public access;
b. There shall be a number posted on the outside of the gate
providing a number to call if the gate is not open;
c. The gate shall comply with all standards and requirements
of the Fire Marshal and other public safety interests;
2. Prior to issuance of a building permit, a signed and sealed site plan
resolving the following issues is required:
d. The site plan shall show the two (2) 1 V X 55' loading and
unloading spaces for the nonresidential uses;
e. The site plan shall conform to the decisions of the Planning
Commission with regard to the parking and front yard
variances as determined in P19-07 and P20-07;
f. The following requests of the County's traffic engineer
shall be met: to show the design maneuverability through
the site and at the project driveway and to show clear site
visibility details at the access driveways;
P21-07 Page 5 of 8
Kings Pointe Marina
Amendment to a Major Conditional Use
L
DacN 1962037
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Doeq 1647037
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9. The 32 sender units shall not be eligible for transfer until ORC has been
issued a building permit for the redevelopment of the property; and
10. Prior to a certificate of occupancy, ORC shall comply in all respects with the
definition of "affordable housing" and "employee housing" in the Monroe
County Code and shall additionally require each unit purchaser or occupant to
be a member of the Monroe County workforce, i.e. to be gainfully employed,
full time in Monroe County at the time of purchase or occupancy and to
remain so employed for not less than five (5) years thereafter.
WHEREAS, condition three (3) has been partially satisfied by submittal of a
letter of coordination from Key West Resort Utilities (KWRU) dated October 4, 2006
indicating that the site in question does at this time have the capacity to treat sewage
generated from forty-three (43) residential units. The letter indicates that KWRU will
guarantee the capacity for a period of one (1) year from the date of the letter. Additional
coordination shall be conducted to demonstrate capacity for the remaining six (6) units
once those are ready to be constructed on the property; and
WHEREAS, condition four (4) has been partially satisfied by submittal of a letter
of coordination from the South Florida Water Management District dated November 8,
2006 indicating that the project will require a General Environmental Resource Permit,
this permit shall be allocated prior to building permit approval, or a letter from the South
Florida Water Management District stating that a notice of "no permit required" is given
for the proposed development; and
WHEREAS, condition five (5) has been partially satisfied by submittal of a letter
of coordination from the Monroe County Fire Marshal dated July 18, 2005 stating that
fire protection plans indicating improvements to water supply via fire hydrant, for plan
review, shall be submitted prior to issuayegof a building permit; and
Date
Aref Joulani,
Senior Director of Planning & Environmental Resources
I HEREBY CERTIFY that on this day before me, an officer duly authorized in the
State aforesaid and in the County aforesaid, to take acknowledgments, personally
appeared Aref Joulani, to me known to be the person described in and who executed the
foregoing instrument and she acknowledged before me the she executed the same.
WITNESS my hand and official seal in the County and State
of , 2007. MUME K t
W-b
N bW AM
D.O.02-07
File # 25089
NOTARY PUBLIC, STATE OF
Page 5 of 6
Initials
Dacp 1962037 DocH 1652965
Bkp 2663 Pgp 1981 Bkp 2308 Pgq 806
g. A building permit for dwelling units at the Overseas Trailer
Park pursuant to the ORC 380 agreement shall be obtained
and provided to the Sr. Director of Planning &
Environmental Resources before the issuance of building
permits for the residential units may be permitted at Kings
Pointe;
h. The proposed western access drive and curb cuts shall
receive approval from the County Engineer;
i. Compliance by the following agencies and corresponding
Sections of Code:
i. County Engineer shall determine compliance with
MCC § 9.5-293;
ii. The Florida Department of Health and the Key
West Resort Utility (KWRU) shall determine
compliance with § 9.5-294;
iii. Fire Marshal shall determine compliance with §9.5-
69;
j. Boat Storage Buildings are limited to storage of boats;
k. The portion of boat barn floor area that does not exceed
50% of the site's net buildable area is not governed by
NROGO and shall not be eligible for offsite transfer if the
boat barn is demolished or removed at a future date unless
the floor area meets the criteria of a sender site pursuant to
MCC §9.5-124.3(a)(10)a.;
1. The flood plain management standards shall be met;
m. The site plan shall demonstrate that the energy and
conservation standards have been met including showing
where bicycle racks and scooter spaces will be placed on
site;
n. The outdoor lighting and applicable AICUZ standards in
effect at the time of the application for major conditional
use shall be met.
3. Prior to the issuance of a_v C.O., the marina pump out facility shall be
upgraded to comply with current standards.
4. The applicant shall provide a water quality monitoring system for the
adjacent water body for a period of five (5) years after the completion of
the development per MCC § 9.5-349.
PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a regularly
meeting held on the 11 `" day of April, 2007.
P21-07 Page G of 8
Kings Pointe Marina
Amendment to a Major Conditional Use
Dac" 1962037
Bk" 2663 Pga 1982 Dec" 1652965
Bk" 2308 P9" 807
Chair Cameron Yes
Vice Chair Wall Yes
Commissioner Cates -Deal Yes
Commissioner Popham No
Commissioner Windle Absent
PLANNING COMMISSION OF
MONROE COUNTY, FLORIDA
BY
.limes D. Cameron, Chair
Signed this day of �L4V , 2007
APPROVED S TO FORM
AND LEGAIUMCIENCY
BY t
A ft6mav's Office
P21-07 Page 7 of 8
Kings Pointe Marina
Amendment to a Major Conditional Use
Doca 1962037
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Docp 1652966
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Attachment A: PLANS REVIEWED
1. Boundary survey by R.E. Reese, dated 2-23-07, revised 3-12-07, received 3-12-07
2. Site plan by WLW/LBR, Sheet S-1, dated 8/21/2006, revised 1-26-07, received 1-31-
07, signed & sealed 1-26-07
3. Townhomes Site plan by WLW/LBR, Sheet S-2, dated 8/21/2006, revised 1-26-07
received 1-31-07, signed & sealed 1-26-07
4. Townhomes Site plan by WLW/LBR, Sheet S-3, dated 8/21/2006, revised 1-26-07
received 1-31-07, signed & sealed 1-26-07
5. Building H, Peninsular Townhouses, 16 units, Sheet A-2, Typical Pod Plans, by Peter
M. Pike dated 1-24-07
6. Building H, Peninsular Townhouses, 16 units, Sheet A-3, Partial Elevations, by Peter
M. Pike dated 1-24-07
7. Building "C" Cove Side South 4 Units, No Sheet Number, by Peter M. Pike dated I-
24-07
8. Building "C" Cove Side East, 4 Units, No Sheet Number, by Peter M. Pike dated 1-
24-07
9. Building M, Marina Townhouses, 8 units, No Sheet Number, by Peter M. Pike dated
1-24-07
10. Sailfish Club, Ground Foundation Plan, Sheet A-2, by Peter M. Pike dated 1-22-07
11. Sailfish Club, Electrical Plan, Sheet E-1, by Peter M. Pike dated 1-22-07
12. Barn "A" Floor Plan, Sheet A-2, by Peter M. Pike dated 10-14-06
13. Barn `B" Floor Plan, Sheet A-3, by Peter M. Pike dated 10-14-06
14. Office Floor Plan, Sheet A-4, by Peter M. Pike dated 10-14-06
15. Office Floor Plan, Sheet A-5, by Peter M. Pike dated 10-14-06
16. Office Elevation, Sheet A-6, by Peter M. Pike dated 10-14-06
17. Elevations, Boat Barn A, Sheet A-7, by Peter M. Pike dated 10-14-06
18. Elevations, Boat Barn B, Sheet A-8, by Peter M. Pike dated 10-14-06
19. Entry Site Plan, Sheet S-4, by WLW/LBR, dated 8/21/2006, revised 1-26-07,
received 1-31-07
20. Entry Elevation, Sheet S-5, by WLW/LBR, dated 8/21/2006, revised 1-26-07,
received 1-31-07
21. Landscape Plan, Sheet L-1, by WLW/LBR, dated 8/21/2006, revised 1-26-07,
received 1-31-07
MONROE COUNTY
OFFICIAL RECORDS
P21-07 Page 8 of 8
Kings Pointe Marina
Amendment to a Major Conditional Use
Exhibit# 7
46.
DocN 1647037 05/08/2007 11:00AM
F11ed & Recorded in Official Records of
MONROE COUNTY DANNY L. KOLHAGE
O*cN 1647,
Bkq 2300 P90 700
Doca 962037
Bkp 2663 Pgp 1984
MONROE COUNTY, FLORIDA
AMENDMENT TO A MINOR CONDITIONAL USE
DEVELOPMENT ORDER # 02-07
A DEVELOPMENT ORDER APPROVING THE REQUEST BY
OVERSEAS REDEVELOPMENT COMPANY, LLC FOR AN
AMENDMENT TO A MINOR CONDITIONAL USE FOR THE
REDEVELOPMENT OF A SIXTY-THREE (63) UNIT MOBILE
HOME PARK INTO FORTY-NINE (49) ATTACHED AND
DETACHED AFFORDABLE UNITS AND TO ESTABLISH 32
MARKET RATE UNITS ELIGIBLE FOR TRANSFER. THE
PROPERTY IS LEGALLY DESCRIBED AS LOTS 1-20, MALONEY
SUBDIVISION, STOCK ISLAND, MONROE COUNTY, FLORIDA,
HAVING REAL ESTATE NUMBERS: 00125350.000000 AND
00125360.000100.
WHEREAS, during a regularly scheduled meeting held on March 6, 2007, the
Development Review Committee (DRC) of Monroe County, Florida, conducted a review
and consideration of the request by Overseas Redevelopment Company (ORC) LLC., for
an amendment to a minor conditional use pursuant to Sections 9.5-24 and 9.6-68 of the
Monroe County Code; and
WHEREAS, the subject property is located at 5302 MacDonald Ave, Stock
Island, at approximate mile marker 5 and is legally described as Lots 1-20, Maloney
Subdivision, Stock Island, Monroe County, Florida, having Real Estate Numbers:
00125350.000000 and 00125360.000100; and
WHEREAS, the Development Review Committee reviewed the following
documents and other information relevant to the request:
1. Application for and amendment to a minor conditional use approval of
(49) attached and detached employee housing units, which included all
documents required; and
2. Staff Report prepared by Heaven Lashley, Monroe County Planner, and
Ralph Gouldy Sr. Director of Planning and Environmental Resources
dated February 23, 2007; and
3. Monroe County Property Record Card; and
D.O.02-07
File # 25089
Page 1 of 6
Initials
DacV 1647057
BkO 2300 P9N 701
4. Monroe County Land Use District Map and Monroe County Future Land
�I„ Use Map; and
5. Conceptual Drainage Plan (C-1) by Perez Engineering & Development
Inc, received February 14, 2007; and
6. Site Plan (Sl) by Thomas E. Pope, PA, signed and sealed dated 7/8/06,
revised 2/12/07; and
7. Sworn Testimony of the Growth Management Staff; and
WHEREAS, on May 3, 2006 Monroe County, the Department of Community
Affairs (DCA), and ORC entered into an agreement pursuant to Section 380.023(3) of the
Florida Statutes; and
WHEREAS, per this agreement, the parties agreed that ORC had 63 ROGO units
allocated to the property; and
WHEREAS, per this agreement, ORC exchanged with Monroe County thirty one
(31) market rate ROGO units for thirty one (31) affordable housing units; in addition
Monroe County allocated eighteen (18) affordable ROGO units to redevelop the property
into a 49 unit workforce housing community; and
WHEREAS, on July 19, 2006 the Monroe County Board of County
Commissioners adopted Resolution Number 273-2006, granting the aforementioned forty
nine (49) affordable ROGO allocations to ORC; and
WHEREAS, per the agreement, the remaining 32 market rate ROGO units
retained by ORC shall be entitled for transfer at such time ORC has been issued a
building permit for the redevelopment of the property; and
WHEREAS, the Applicant is seeking development approval to convert sixty-
three (63) mobile home sites to forty-nine (49) attached and detached employee housing
units, pursuant to the 380 agreement mentioned above; and
WHEREAS, the redevelopment proposal includes forty nine (49) attached and
detached employee housing units, as well as the establishment of the subject property as a
sender site for the transfer of thirty two (32) Transfer of ROGO Exemptions (TREs); and
WHEREAS, the property is located in an Urban Residential (UR) Land Use
District and has a Future Land Use Map designation of Residential High (RH); and
WHEREAS, pursuant to Section 9.5-233 of the Monroe County Code, in the UR
District, the redevelopment requires conditional use approval by the Monroe County
Development Review Committee; and
WHEREAS, based upon the information and documentation submitted, the
Development Review Committee found:
D.O. 02-07 Initials
File # 25089
Page 2 of 6
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1. Section 9.5-65 of the Monroe County Code provides the standards which are
�Or applicable to all conditional uses. When considering applications for a
conditional use permit, the Development Review Committee shall consider
the extent to which:
(a) The conditional use is consistent with the purposes, goals, objectives and
standards of the Monroe County Year 2010 Comprehensive Plan and
Monroe County Code; and
(b) The conditional use is consistent with the community character of the
immediate vicinity of the parcel proposed for development; and
(c) The design of the proposed development minimizes adverse effects,
including visual impacts, or the proposed use on adjacent properties; and
(d) The proposed use will have an adverse effect on the value of surrounding
properties; and
(e) The adequacy of public facilities and services, including but not limited to
roadways, park facilities, police and fire protection, hospital and Medicare
services, disaster preparedness program, drainage systems, refuse disposal,
water and sewers, judged according to standards from and specifically
modified by the public facilities capital improvements adopted in the
annual report required by the Monroe County Code; and
(f) The Applicant for conditional use approval has the financial and technical
capacity to complete the development as proposed and has made adequate
legal provision to guarantee the provision and development of any open
space and other improvements associated with the proposed development;
and
(g) The development will adversely affect a known archaeological, historical
or cultural resource; and
(h) Public access to public beaches and other waterfront areas is preserved as
a part of the proposed development; and
(i) The proposed use complies with all additional standards imposed on it by
the particular provision of this chapter authorizing such use and by all
other applicable requirements of the Monroe County Code; and
2. Staff found that the Applicant has demonstrated that all of the required
standards shall be met and recommended approval of the amendment to a
minor conditional use application with conditions; and
I The Monroe County Development Review Committee found that the
Applicant has demonstrated that all of the required standards shall be met; and
WHEREAS, the Development Review Committee recommended approval with
conditions of the application to the Director of Planning & Environmental Resources; and
WHEREAS, the Director of Planning & Environmental Resources has duly
considered the recommendation of the Development Review Committee and the
information and documentation submitted by the Applicant; and
D.O.02-07 Initials&
File # 25089
Page 3 of 6
DocN 1962037 Doep 1647057
gkp 2663 P9p 1987�Ily Bkl 2300 Pqp 703
WHEREAS, the applicant submitted a revised final site plan (STl) on 4/13/07 by
Thomas E. Pope, PA, signed and sealed dated 3/6/07; and
WHEREAS, the applicant submitted a final Landscape Plan (L 1) on 4/ 13/07 by
Thomas E. Pope, PA, signed and sealed dated 3/6/07; and
WHEREAS, the record established, the testimonies offered, and the evidence
submitted, support the findings of fact adopted by the Development Review Committee;
and
NOW THEREFORE, BE IT RESOLVED BY THE DIRECTOR OF
PLANNING & ENVIRONMENTAL RESOURCES OF MONROE COUNTY,
FLORIDA that the request by Overseas Redevelopment Company, LLC. for an
amendment to a minor conditional use permit to redevelop the existing mobile home park
by constructing forty nine (49) attached and detached employee housing units, as well as
the establishment of the subject property as a sender site for thirty two (32) Transfer of
ROGO Exemptions (TREs), at property legally described as Lots 1-20, Maloney
Subdivision, Stock Island, Monroe County, Florida, having Real Estate Numbers
00125350.000000 & 00125360.000100, is hereby APPROVED with the following
conditions:
1.
Prior to a certificate of occupancy, permanent structures shall be placed at
least ten (10) feet from any other permanent structure; and
�w 2.
Prior to a certificate of occupancy, no structures shall be permitted in the
required buffer yards and set backs; and
3.
Prior to the issuance of a building permit, a letter of coordination from Key
West Resort Utilities (KWRU) shall be received indicating that the site in
question does at this time have the capacity to treat sewage generated at this
site; and
4.
Prior to the issuance of a building permit, a letter of coordination and approval
for either a General Environmental Resource Permit, or a notice of "no permit
required" given for the proposed development shall be received from the
South Florida Water Management District; and
5.
Prior to the issuance of a building permit, approval from the Monroe County
Fire Marshall shall be received by the building department; and
6.
The 32 sender units shall be assigned the following unique identifier numbers;
A-0267 through A-0298, to be used for tracking and monitoring by the
Planning & Environmental Resources Department; and
7.
The 32 sender units may not be transferred beyond the Lower Keys District
boundaries unless and until the nutrient credit reduction system is officially
dispensed as a result of official state action or judicial decree; and
8.
The 32 sender units may not be transferred to a Tier I zoning district; or a
special protection area requiring the clearing of natural habitat; or to a site if
evaluated under ROGO would receive negative points under habitat
protection, threatened or endangered species, or critical habitat;
D.O.02-07
Initials
Fite # 25089
Page 4 of 6
Doen 1962037
BkO 2663 Pgp 1989 DacN 1647057
8kM 2300 Pgp 705
REFERENCE: In the event that this development order constitutes an amendment,
extension, variation, or alteration of a previous conditional use permit, that document may
be referenced by the following: Deemer Clause 9.5-2 (c).
NOTICE
Section 9.5-72(a)(1) of the Monroe County Code states that a conditional use permit shall
not be transferred to a successive owner without notification to the Development Review
Coordinator within five (5) days of the transfer.
Under the authority of Section 9.5-72(a) of the Monroe County Code, this development
order shall become null and void with no further notice required by the County, unless a
complete building permit application for site preparation and building construction with
revised plans as required herein is submitted to the Monroe County Building Official
within six (6) months of the expiration of the Florida Department of Community Affairs
appeal period or the date when the Florida Department of Community Affairs waives its
appeal and all required certificates of occupancy are procured with two (2) years of the
date of this development order is approved by the Director of Planning & Environmental
Resources.
�hw If this development order is appealed under Monroe County code or by the Florida
Department of Community Affairs, the above time limits shall be tolled until the appeals
are resolved.
This instrument shall not take effect for thirty (30) working days following the date of
memorialization thereof, and during that time permit shall be subject to appeal as provided
in Section 9.5-521(d) of the Monroe County Code. An appeal shall stay the effectiveness
of this instrument until resolved.
In addition, please be advised that pursuant to Chapter 9J-1, Florida Administrative Code,
this instrument shall not take effect for forty-five (45) days following the rendition of the
Florida Department of Community Affairs. During those forty-five days, the Florida
Department of Community Affairs may appeal this instrument to the Florida Land and
Water Adjudicatory Commission, and that such an appeal stays the effectiveness of this
instrument until the appeal is resolved by agreement or order.
D.0.02-07
File # 25089
Page 6 of 6
MONROE COUNTY
OFFICIAL RECORDS
Initials le-V
Steven M. K]ein, Esq.
Steam Weaver Miller Weissler Alhadeff
& Sitterson, P.A.
150 West Fluter Sweet, Suite 2200
Miatni, FL 33130
Dxl 1&WZ 11/ 16/2811 3:50M
Filed A Reaorded In Offleial Records of
WM C0 TY DANNY L. KOU M
Doc# 1858542
ON 2542 Pg# 952
wo
wo
ROGO TRANSFER AGREEMENT a a
N
M w
THIS INDENTURE is made as of this 33%Y of VMi%... , 2011, between a
OVERSEAS REDEVELOPMENT COMPANY, LLC, a Florida limited liability company to
(hereinafter referred to as "Grantor"), with an address of 3159 Northside Drive, Key West, Florida
33040, in favor of ATLAS FL 11 SPE, LLC, a North Carolina limited liability company
(hereinafter refereed to as "Grantee), with an address of 200 West Second Street, and Floor — Legal, �
Winston-Salem, NC 27101 ("Grantor" and "Grantee" to include their respective heirs, successors,
executors, moors, legal representatives and assigns where the context requires or permits).
W ITNESSSETH:
Grantor, for and in consideration of the sum of Ten and Noll00 Dollars ($10.00) and other
good and valuable consideration the receipt, adequacy and sufficiency of which are hereby
acknowledged by Grantor, does hereby grant, bargain, sell, convey and confirm unto Grantee all of
Grantor's right, title and interest in and to those certain thirty-two (32) Transfer of ROGO
Exemptions which have been assigned identifier numbers A-0267 through A-0298 (the "ROGO's')
issued in favor of Grantor by Monroe County, Florida (the "County') pursuant to that certain
Monroe County, Florida, Amendment to a Minor Conditional Use Development Order #02-07
recorded on June 8, 2007 in Official Records Book 2300, Page 700 of the Public Records of
Monroe County, Florida, as modified by Planning Commission Resolution No. P26-09 recorded on
September 14, 2009 in Official Records Book 2431, Page 293 of Public Records of Monroe County,
Florida, as may be filrther amended from time to time (collectively, the "Development Ordeel
together with Grantor's rights to transfer the ROGO's off -site, and all cash and non cash proceeds of
any of the foregoing and all claims of Grantor with respect thereto and together with an right, title
and interest of Grantor in and to any and all extensions and renewals of any of the foregoing
(collectively, the "Property'.
TO HAVE AND TO HOLD, with all and singular the rights, members and appurtenances
thereof, to the same being, belonging or in anywise appertaining to the only proper use, benefit and
behoof of the said Grantee forever in FEE SIMPLE.
AND THE SAID Grantor will warrant and forever defend the right and title to the above -
described Property unto the said Grantee against the lawful claims of all persons whomsoever.
Ood 1858542
Bk# 2542 PO 953
IN WITNESS WHEREOF, the Grantor has signed and sealed this Indenture as of the date
first above written.
Signed, sealed and delivered in the
presence of:
Witness: / '
Print Name:
Print
STATE OF FLORIDA
COUNTY OF MONROE
OVERSEAS REDEVELOPMENT
COMPANY, LLC, a Florida limited liability
company
By: H-Try, LLC, a Florida limited liability
company, as its Manager
BY
Name: 'C df e_ 5:47
Title: Iff C`"',
(CORPORATE SEAL)
Doca 1962037
Bka 2663 Pga 1991
foregoing in omen[ as acknowledgpd before me thistL� day of
da- -on behalf of H-Try,
LLC, a Florida limited liability company, as Manager orOVERSEAS REDEVELOPMENT
COMPANY, LLC, a Florida limited liability company, who is �,j.personelly known to me or f )
has produced as identification.
No
Print N
(NOTARIAL SEAL) Notary Frublic
My Commission Expires:
oaow Ia�!�
N1292536YI WOE CUTY
OFFICIAL RECORDS
Exhibit# 8
P�eipAfd by and Return To:
Marie S. Weinberg, Esquire
GRAY ROBINSON, P.A.
1221 Brickell Avenue —Suite 1600
Miami, Florida 33131
Parcel ID Numbers: See Attached Exhibit A-1
Gmantec's EIN #:
Doe# 1927973 04/09/2013 11:38AM
Fl ed i Recorded 1n�W rsWalVIL1N Records of
OCLW"
0410912@13 11;3aAM
oem WC STAMP CL: Ds $6,238.00
Deets 1927973
S M 2622 P9M 996
SPFdClAL WARRANTY DEED
�4'
THIS SPECIAL WARRANTY DEED is made this 21day of March, 2013 between
SPECIAL ACQUISMONS III, INC., a Florida corpomdon (the "G13B o '1, whose mailing
address is 6435 Naples Blvd., Naples, FL 34109, and SUiV MERLAND PALMS INVESTORS,
LLC, a Florida limited liability company (the "Crrantee'), whose mailing address is 1010
Kennedy Dr., Suite 302, Key West, FL 33040.
Doe# 1962037
W I_I S
E_ N S E T H Bk# 2663 Pg# 1992 lo-_X
,
That Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00) and other
good and valuable consideration, to it in hand paid by Grantee, the receipt whereof is hereby
acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto
Grantee, its successors and assigns the following property (the "EMR9JJY) lying and being in
MONROE COUNTY, Florida, and more particularly described as follows:
SEE EXHIBIT µA" ATTACHED HERETO AND MADE A PART HEREOF.
Subject, however, to: (i) taxes and assessments for the current year and subsequent years;
(ii) covenants, restrictions and public utility easements of record (iii) existing zoning and
governmental regulations; and (iv) all matters that an accurate survey of the Property would
reveal.
TOGETHER with all the tenements, hereditaments and appurtenances belonging or in
any way appertaining to the Property.
TO HAVE AND TO HOLD the same in fee simple forever.
AND GRANTOR hereby covenants with Grantee that Grantor is lawfully seized of the
Property in fee simple; that Grantor has good right and lawful authority to sell and convey the
Property; and that Grantor does hereby fully warrant the title to the Property and will defend the
same against the lawful claims of all persons claiming by, through or under Grantor, but against
none other.
\335005\301 . # 953094 v I
DMA 1927973
Bkq 2622 Pglt 997
IN WITNESS WHEREOF, Grantor has caused this Special Warranty Deed to be
executed by its duly authorized signatory on the day and year first above written.
GRANTOR;
SPECIAL ACQUISITI 5 I, INC., a lorida
Signcd, sealed and delivered in the presence of corporatio
these witnesses:
By:
Witness:
Name: Michael Rinaldi
� rifle: Vice President
Print Nam . a �,ra/DomS�/
Witness:
Print Name: Jrofl—lfp/�
Docp 2362037
STATE OF FLORIDA
Bka 2663 Pga 1993 P
)
ss.:
COUNTY OF COLLIER )
The foregoing instrument was acknowledged before me thi day of March, 2013
by Michael Rinaldi as Vice President of SPECIAL UISI NS III, fNC., a Florida
corporation on behalf of the corporation. He is rsonally known to me OR 0 Produced
as identification.
WAA aA MA
L(W�-
�f tuft . fto of garb
*�ow 1P a WON AV t
13350051301 - M 953094 vt
Print or Stamp Name:
Notary Public, State of Florida at Large
Commission No.:
My Commission Expires:
been 1927973
EXHIBIT "A"
w v
l.enl Descriptin of the Property
a
a
N
Lots 54 and 55, SUMMERLAND YACHT HARBOR, SUMMERLAND KEY, FL,
rn(0
as naeorded in Plat Book 2, Page 142, of the Pubic Records of Monroe
41 N
County, Florida.ta
w
a
LESS AND EXCEPT:
�.
co
A portion of Lot 54, SUMMERLAND YACHT HARBOR, SUMMERLAND KEY,
a'
FL, as recorded in Plat Book 2, Page 142, of the Public Records of Monroe
County, Florida and better descr
ibed as follows:
Beginning at the intersection of the Southwesterly Right -of -Way line of
Center Street and the Southwesterly Right -of -Way line of Horse Street;
thence South 00°0134" East along said Southwesterly Right -of -Way line
of Horace Street for 100.20 feet; thence North 86023'13" West along the
Northerly Right -of -Way line of U.S. Highway No. 1 for 49.86 feet; thence
North 06°4237" East fear 40.06 feet; thence North 86023'13" West for
31.16 feet; thence North 0303647" East for 5.00 feet; thence North
83'4750" West for 23.29 feet; thence North 0100531" East for 7.75 feet;
thence South 88053'40" East for 27.50 feet; thence North 4002732" East
for 25.00 feet; thence North 03°36'47" East for 25.00 feet; thence South
86023'13" fast along the Southerly Right -of -Way line of Cenber Street for
53.64 feet back to the POINT OF BEGINNING.
AND LESS AND EXCEPT:
Unit 13, SUMMERLAND PALMS CONDOMINIUM, according to the
Declaration of Condominium thereof, as recorded In Official Records Book
2356, Page 1, of the Pubic Records of Monroe County, Florida; together
with the undivided 1/22nd interest In the common areas appertaining
thereto.
NOW KNOWN AS:
Condominium Units 1 to 12, inclusive and Condominium Units 14 to 22,
inclusive, of SUMMERLAND PALMS CONDOMINIUM, according to the
Declaration of Condominium thereof, as recorded In Official Records Book
2356, Page 1, of the Public Records of Monroe County, Florida.
%33500S\301- N 953094 v 1
9091408 — Unit 1
9091409 — Unit 2
9091410 - Unit 3
9091411 - Unit 4
9091412 - Unit 5
9091413 - Unit 6
9091414 - Unit 7
9091415 - Unit 8
9091416 - Unit 9
9091417 — Unit 10
9091418 - Unit It
9091419 - Unit 12
9091421- Unit 14
9091423 - Unit 15
9091424 - Unit 16
9091425 - Unit 17
9091426 - Unit 18
9091427 - Unit 19
9091428 - Unit 20
9091429 - Unit 21
9091430 - Unit 22
Ded1 1927973
Bkv 2622 Pga i199
EXHIBIT "A-11
Folio Numbers Assigned to the Pron rw
Doc# 1962037
Bk# 2663 Pg# 1995
all of SUMMERLAND PALMS CONDOMINIUM, according to the Declaration of
Condominium thereof, as recorded In Official Records Book 2356, Page 1, of the Public
Records of Monroe County, Florida,
03500SU01 - 9 953094 v 1
MONROE COUNTY
OFFICIAL RECORDS
Exhibit# 9
SUMMERLAND PALMS INVESTORS, LL,,
24930 Overseas Highway
Summerland Key, Florida DocM 1962037
Bkp 2663 Pgl$ 1996
LEGAL DESCRIPTION
Lots 54 and 55, SUMMERLAND YACHT HARBOR, SUMMERLAND KEY, FL, as recorded in Plat Book 2,
Page 142, of the Public Records of Monroe County, Florida.
LESS AND EXCEPT:
A portion of Lot 54 SUMMERLAND YACHT HARBOR, SUMMERLAND KEY, FL, as recorded in Plat Book 2,
Page 142, of the Public Records of Monroe County, Florida and better described as follows:
Beginning at the intersection of the Southwesterly Right -of -Way line of Center Street and the Southwesterly Right -
of -Way line of Horace Street; thence South 00°01'34" East along said Southwesterly Right -of -Way line of Horace
Street for 100.20 feet; thence North 86°23' 13" West along the Northerly Right -of -Way line of U.S. Highway No. 1
for 49.86 feet; thence 06°42'37" East for 40.06 feet; thence North 86°23'13" West for 31.16 feet; thence North
03°36'47" East for 5.00 feet; thence North 83047'50" West for 23.29 feet; thence North 01'05'31" East for 7.75
feet; thence South 88°53'40" East for 27.50 feet; thence North 40027'32" East for 25.00 feet; thence North
03°36'47" East for 25.00 feet; thence South 86°23"13" East along the Southerly Right -of -Way line of Center Street
for 53.64 feet back to the POINT OF BEGINNING.
NOW KNOWN AS:
Condominium Units 1 to 22, inclusive, of SUMMERLAND PALMS CONDOMINIUM, according to the
Declaration of Condominium thereof, as recorded in Official Records Book 2356, Page 1, of the Public Records of
Monroe County, Florida
RE and Alternative Key Numbers
RE Numbers
Alternative Key Numbers
00194741-000100
9091408
00194741-000200
9091409
00194741-000300
9091410
00194741-000400
9091411
00194741-000500
9091412
00194741-000600
9091413
00194741-000700
9091414
00194741-000800
9091415
00194741-000900
9091416
00194741-001000
9091417
00194741-001100
9091418
00194741-001200
9091419
00194741-001300
9091420
00194741-001400
9091421
00194741-001500
9091423
00194741-001600
9091424
00194741-001700
9091425
00194741-001800
9091426
00194741-001900
9091427
00194741-002000
9091428
00194741-002100
9091429
00194741-002200
9091430
Doen 1962037
Bka 2663 Pgp 1997
009 01 H31VW
Exhibit#
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Doe# 1962037
Bk# 2663 Pg# 2001
00194741.001800, 00194741.001900, 00194741.002000, 00194741.002100 and
00194741.002200.
Note 1: The aforementioned RE numbers were established by the Monroe County Property
Appraiser for the 2008 tax roll. Prior to 2008, the parcels were assessed under RE
#00194730.000000 and RE #00194740.000000.
Note 2: The subject property does not include, but has been historically associated with, the
contiguous parcel to the east, currently assessed as RE #00194730.000000. The boundaries of the
parcel identified as RE #00194730.000000 have been modified over time.
The property is located within an Urban Residential Mobile Home (URM) Land Use (Zoning)
District. Consistent with the boundaries of the URM land use district, it is within the Residential
High (RH) Future Land Use Map (FLUM) category. The following aerial photograph shows the
boundaries of the property and the land use districts of the immediate area:
Subject Property with Land Use Districts Overlaid (Aerial dated 2012)
Residential Dwelling Units:
The applicant asserts that the 22 residential dwelling units are lawfully -established and thereby
exempt from the ROGO permit allocation system.
Pursuant to §138-22(1), the ROGO shall not apply to the redevelopment, rehabilitation or
replacement of any lawfully -established residential dwelling unit that does not increase the
number of residential dwelling units above that which existed on the site prior to the
redevelopment, rehabilitation or replacement. Therefore, owners of land containing residential
Summerland Palms, Letter of Development Rights Determination (File #2013-134) Page 2 of 7
Docp 1962037
Bkp 2663 Pga 2002
dwelling units shall be entitled to one unit for each such unit lawfully -established. The planning
director shall review available documents to determine if a body of evidence exists to support the
existence of units on or about July 13, 1992, the effective date of the original ROGO ordinance.
In order to approve an exemption, at least two of the following documents supporting the lawful
existence of the residential dwelling unit or space must be found:
Any issued Monroe County building permits) supporting the existence of the structure(s) and its
use(s) on or about July 13, 1992:
The following building permits are on file in the Building Department's records:
RE400194740.000000
Permit #
Date Issued
Description
A-196
03/26/1975
Install electric meter center
A-1839
12/23/1976
Tie down mobile home (Unit #3)
A-4242
10/12/1978
Repair drain field
881-1777
09/14/1988
Install 100 amp electric service (Unit #?)
941-0163
02/10/1994
Carry out emergency electrical work to mobile home (Unit #?)
951-0945
12/12/1995
Renovate and expand existing sewer treatment plant
951-0982
07/21/1995
Install/construct shed (Unit #?)
011-1733
06/01/2001
Enclose porch and tie down mobile home (Unit #15)
021-0572
03/01/2002
Construct screen room with awning (Unit #3)
031-3076
07/09/2003
Construct screen room (Unit #18)
031-3834
10/07/2003
Installlreplace mobile home (Unit #13)
Rli'#OQI94730:0OOOOa*
„.
a ' ,
25613
02/22/1972
Construct addition (Unit #?)
A-10090
01/14/1983
Upgrade electric service (Unit #17)
911-2280
02/25/1991
Repair single family residence roof (Unit #?)
911-2313
03/21/1991
Renovate existing structure (Unit #?)
911-2455
03/21/1991
Demolish structure (Unit #?)
991-2163
12/10/1999
Install/replace mobile home (Unit #7)
991-2889
12/10/1999
Demolish mobile home (Unit #7)
041-3156
07/02/2004
Demolish addition (Unit #17)
051-5203
11/17/2005
Repair mobile home roof (Unit #10)
071-4260
10/02/2007
Repair mobile home roof (Unit #?)
101-1045
03/23/2010
Replace mobile home roof (Unit #9)
111-3317
07/25/2011
Replace mobile home roof (Unit #?)
RE #00194741.000100"tl rou RE"#00194741.0.02206C-
gh" _
��� . Y
091-4559
11/10/2009
Replace paneling board and insulation (Unit #13)
111-5343
10/31/2011
Demolish mobile home (Unit #21)
121-0299
06/13/2012
Change out meter cans (Units #6, 7, 9, 10, 17, 18, 19 & 20)
131-3769
10/30/2013
Install 100 am electric service (Unit #21)
Summerland Palms, Letter of Development Rights Determination (File #2013-134) Page 3 of 7
Exhibit# 11
County of Monroe
Growth Management Division
Planning & Environmental Resources
Department
2798 Overseas Highway, Suite 410
:Marathon, FL 33050
Voice: (305) 289-2500
FAX: (305) 289-2536
November 7, 2013
Smith Oropeza, P.L.
Attn: Barton Smith
138-142 Simonton Street
Key West, FL 33040
Board of County Commissioners
Mayor George Neugent, District 2
Mayor Pro Tern, Heather Carruthers, District 3
Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
Doca 1962037
8k# 2663 Pgq 2000
RE: LETTER OF
DEVELOPMENT RIGHTS DETERNIINATION FOR
SUMMERLAND PALMS TRAILER PARK, LOCATED AT 24930 OVERSEAS
HIGHWAY (US1),
SUMMERLAND KEY, ON PROPERTY
HAVING REAL
ESTATE NUMBERS 00194741.000100, 00194741.000200,
00194741.000300,
00194741.000400,
00194741.000500, 00194741.000600,
00194741.000700,
00194741.000800,
00194741.000900, 00194741.001000,
00194741.001100,
00194741.0012009
00194741.001300, 00194741.001400,
00194741.001500,
00194741.001600,
00194741.001700, 00194741.001800,
00194741.001900,
00194741.002000, 00194741.002100 AND 00194741.002200
This letter is in response to your request for a determination as to the number of dwelling units
that were lawfully established and thereby exempt from the Residential Rate of Growth
Ordinance (ROGO) permit allocation system on the above -described premises.
Background Information:
The subject property is located at 24930 US 1 on Summerland Key, at approximate mile marker
25 on the Gulf of Mexico side of US 1. It is situated north of US 1, south of Center Street and
west of Horace Street. The existing mobile home park on the property is known as Summerland
Palms Trailer Park and Summerland Palms Condominium.
The property is comprised of 22 parcels of land, which are aggregated for the purposes of
development. It is legally described as Lot 55 and part of Lot 54, Summerland Yacht Harbor
(Plat Book 2, Page 142), Summerland Key, Monroe County, Florida, with the parcels currently
assessed under the following real estate (RE) numbers: 00194741.000100, 00194741.000200,
00194741.000300, 00194741.000400, 00194741.000500, 00194741.000600, 00194741.000700,
00194741.000800, 00194741.000900, 00194741.001000, 00194741.001100, 00194741.001200,
00194741.001300, 00194741.001400, 00194741.001500, 00194741.001600, 00194741.001700,
Summerland Palms, Letter of Development Rights Determination (File #2013-134) Page 1 of 7
Doca 1962037
Bkq 2663 Pga 2003
* The subject property does not include, but has been historically associated with, the contiguous
parcel to the east, currently assessed as RE #00194730.000000. The boundaries of the parcel
identified as RE #00194730.000000 have been modified over time. Past building permits
associated with the subject property were filed under RE #00194730.000000 prior to the
boundary modifications. However, it should be noted that some of the building permits on file
may be associated with the existing single-family development remaining on the parcel and not
part of the subject property.
There is not a building permit on file in the Building Department's records for the initial
construction of the mobile home park and the installation of the original mobile homes.
Building Permits #991-2163 and #031-3834 approved the replacement of mobile homes. Other
building permits support the continued existence of a mobile home park with ranging lot/unit
numbers. Of importance are Building Permits #951-0945 and #021-0572. Building Permit #951-
0945, issued in 1995, approved an onsite wastewater treatment plant for a mobile home park.
The preliminary design report submitted with the permit specifies the wastewater treatment plant
is for 22 mobile homes. Building Permit #951-0945 was approved by Planning Department and
Building Department staff. Building Permit #021-0572, issued in 2002, included a site plan for
the mobile home park which shows and labels 22 units.
Documentation from the Monroe County Property Appraiser's Office indicating residential use
on or about July 13, 1992:
The Property Appraiser currently assesses each individual Real Estate number
(#00194741.000100 through #00194741.002200) under a property classification code of 00
(Vacant Residential).
Monroe County. Property"Appraiser.Data (2013)", . ;
:..
Condominium Parcel
(Un Tatted Lots
RE #
Building Year Built*
Buildin S uare Foota e
Lot # 1
00194741.000100
1975
2,280 SF
Lot #2
00194741.000200
1975
1 576 SF
Lot #3
00194741.000300
1975
Lot #4
00194741.000400
1975
Lot #5
00194741.000500
1975
Lot#6
00194741.000600
1975
Lot #7
06194741.000700
1975
%71
Lot #8
00194741.000800
1975
Lot #9
00194741.000900
1975
Lot#10
00194741,001000
1975
Lot # 11
00194741.001100
1975
1,191 SF
Lot # 12
00194741.001200
1975
1.191 SF
Lot #13
00194741.001300
1980
1,872 SF
Lot #14
00194741.001400
1975
1,296 SF
Lot #15
00194741.001500
1975
1 1 F-A,)cF
Summerland Palms, Letter of Development Rights Determination (File #2013-134) Page 4 of 7
Doca 1962037
Bkp 2663 Pgp 2004
Lot #16
00194741.001600
1975
1,334 SF
Lot # 17
00194741.001700
1975
1,110 SF
Lot #18
00194741.001800
1975
1,386 SF
Lot # 19
00194741.001900
1975
1 720 SF
Lot #20
00194741.002000
1975
1,400 SF
Lot #21
00194741.002100
1975
2,176 SF**
Lot #22
00194741.002200
1975
1,825 SF
* The information in this column should not be relied upon to ascertain the year in which a specific
existing structure was built. Although several of the existing mobile homes may have been built in
1975, there is no additional evidence to suggest that all of the existing mobile homes were constructed
in 1975 (excluding the mobile home on #13, which had a year built date of 1980). Further, the year
built date information is contradictory with building permits on file in the Building Department's
records and information obtained by staff during a site visit. Several of the lots are currently vacant
and several of the existing mobile homes appear to be models that post-date 1975.
**Under Building Permit #111-5343, the mobile home on #21 was demolished in 2011.
Aerial photographs and original dated photographs showing the structures) existed on or about
July 13, 1992:
Aerial photography from January 1984 to 2012 confirms the continuous existence of at least ten
structures on the property (Units on Lots 1, 2, 3, 4, 6, 7, 16, 17, 18, and 20). Other structures
were in existence during that timeframe, but are not visible due to obstructing vegetation on the
site and replacement efforts. In the 1999, 2006 and 2009 aerials, 22 structures were visible. As a
note, aerial photography can only confirm the number of structures, not the number of dwelling
units, in existence at any given time.
S,
w ' Strttcttael3lble
1984� 1983 ..199352,
2006 ,,.2009n.; 2012
Unit 1
X
X
X
X
X
X
X
X
Unit 2
X
X
X
X
X
X
X
X
Unit 3
X
X
X
X
X
X
X
X
Unit 4
X
X
X
X
X
X
X
X
Unit 5
X
X
X
X
X
X
X
Unit 6
X
X
X
X
X
X
X
X
Unit 7
X
X
X
X
X
X
X
X
Unit 8
X
X
X
X
X
X
X
Unit 9
X
X
X
X
X
X
X
Unit 10
X
X
X
X
X
X
Unit 11
X
X
X
X
X
Unit 12
X
X
X
X
X
Unit 13
X
X
X
X
X
X
Unit 14
X
X
X
X
X
X
Unit 15
X
X
X
X
X
X
X
Unit 16
X
X
X
X
X
X
X
X
Summerland Palms, Letter of Development Rights Determination (File #2013-134) Page 5 of 7
Doca 1962037
Bkp 2663 Pg# 2005
Unit 17
X
X
X
X
X
X
X
X
Unit 18
X
X
X
X
X
X
X
X
Unit 19
X
X
X
X
X
X
X
Unit 20
X
X
X
X
X
X
X
X
Unit 21
X
X
X
X
X
X
Unit 22
X
X
X
X
X
X
X
Residential county directory entries on or about July 13, 1992:
No residential county directory entries were provided for review.
Rental, occupancy or lease records, on or about July 13, 1992, indicating the number, type and
term of the rental or occupancy:
No rental, occupancy or lease records were provided for review.
State and/or County licenses, on or about July 13, 1992, indicating the number and types of
rental units:
No state or county licenses were provided for review.
Documentation from the utility providers indicating the type of service (commercial or
residential) provided and the number of meters in existence on or about July 13, 1992:
The applicant submitted three billing statements from Keys Energy Services, detailing electric
service records for 3 units. One of the statements has electric service starting in 1991 and the
other two statements show service began in 2007 and 2013.
Note: Water and electric service were likely provided at times earlier than the aforementioned
dates; however records confirming/supporting such were not provided.
Similar supporting documentation not listed above as determined suitable by the planning
director:
A site visit was conducted by Planning & Environmental Resources Department staff on October
15, 2013. During the site visit, staff observed 18 mobile homes and 4 vacant sites with electric.
The 1988 Monroe County Mobile Home Study indicates 17 mobile homes and 3 recreational
vehicles were observed on the property at that time. However, it should be noted that the
surveyor's objective was to obtain a county -wide estimate of mobile homes and recreational
vehicles, not necessarily an exact total, and the surveyor may not have been authorized to enter
the private property to get an accurate account on the subject property.
Summerland Palms, Letter of Development Rights Determination (File #2013-134) Page 6 of 7
Docp 1962037
Bkq 2663 P90 2006
Lawful Determination:
Based on a review of the records associated with the subject property, the Planning &
Environmental Resources Department has determined that twenty two (22) permanent residential
dwelling units were lawfully -established on the subject property. As such, up to 22 mobile
homes may continue to existing and their replacement would thereby be exempt from the ROGO
permit allocation system.
Although there are not building permits on file for the installation of all 22 mobile homes, the
existence of 22 mobile homes since 1992 is supported by Monroe County Property Appraiser
records and aerial photography, as well as the content of building permits on file for other
improvements. Nearly every building permit on file refers to the existence of a mobile home
park. Of most importance, Building Permit #951-0945, issued in 1095 shortly after the adoption
of ROGO in 1992, approved an onsite wastewater treatment plant for a 22-unit mobile home
park. As the residential density provisions for the URM district would not have permitted a total
of 22 mobile homes in 1995, the plant was clearly intended to serve 22 existing units.
Note: Although 22 mobile homes cannot be permitted on an unplatted URM site consisting of
0.93 acres under the current URM residential density provisions (the allocated density is 5
dwelling units per acre), the existing 22 residential dwelling units were lawfully established on
the subject property prior to the establishment of the URM residential density provisions in 1986
may continue to exist and be replaced pursuant to MCC §130-163.
This letter does not provide any vesting to existing regulations and the replacement dwelling
units and any new accessory structures must be built in compliance, with all applicable
regulations of the Monroe County Code and Comprehensive Plan at the itime of development
approval. Furthermore, if the exempted development is not replaced, but substantially improved
as defined in the Monroe County Code, such development must be brought into compliance with
all applicable regulations.
You may appeal decisions set forth in this letter. The appeal must be filed with the County
Administrator, 1100 Simonton Street, Gato Building, Key West, FL 33040, within thirty (30)
calendar days from the date of this letter. In addition, please submit a copy of your application to
the Planning Commission Coordinator, Monroe County Planning & Environmental Resources
Department, 2798 Overseas Hwy, Suite 410, Marathon, FL 33050.
We trust that this information is of assistance. If you have any questions regarding the contents
of this letter or if we may further assist you with your project, please feel free to contact our
Marathon office at (305) 289-2500.
Sincerely,
Townsl Sc al,',Senior Director of Planning & Environmental Resources
Summerland Palms, Letter of Development Rights Determination (File #2013-134) Page 7 of 7
Prepared by and return to:
Gregory S. Oropeza, Esq.
Attorney at Law
Smith I Oropeza, P.L.
138-142 Simonton Street
Key West, FL 33040 O
305-296-7227
File Number: 2013-151 �
Will Call No.:
Parcel Identification No. 00174960-000000
Exhibit# 12
DOC4 1952849 10/04/2013
Filed b Recorded In Offlelal
MONROE COUNTY AMY R cof
HEA�r ords
R.
10/04/2913 3:10PM
DEED DOC STAMP CL: Krys $9,800.00
Above This Line For Recording Data]_
Warranty Deed
(STATUTORY FORM - SECTION 689.02, F.S.)
Docp 1962037
Bkp 2663 Pgp 2007�
This Indenture made this 26th day of September, 2013 between H & L Florida Associates, LLC, a Florida limited
liability company whose post office address is 1582 York Avenue, Suite 3C, New York, NY 10028 of the County of New
York, State of New York, grantor*, and Coco Palms Developers, LLC, a Florida limited liability company, whose post
office address is P.O. Box 2039, Key West, FL 33040 of the County of Monroe, State of Florida, grantee*,
Witnesseth that said grantor, for and in consideration of the sum of TEN AND NOII00 DOLLARS ($10.00) and other
good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged,
has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land,
situate, lying and being in Monroe County, Florida, to -wit:
Lot 30 Sacarma, a subdivision of Government Lots 3 and 4 in Section 29, Township 66 South, Range
28 East, Cudjoe Key, Monroe County, Florida, recorded in Plat Book 2, Page 48 of the Public
Records of Monroe County, Florida.
and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all
persons whomsoever.
"Grantor" and "Grantee" are used for singular or plural, as context requires.
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written.
Signed, sealed and delivered in our presence:
H & L Florida Associates, LL
By:
Matthew Hornstein, anaging Member
(Corporate Seal)
Docp 1952849
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State of ^%JF4V YoIe*<
County of Al041t �4c
this 26th
ay of September,
The foregoing instrument
onwas
behalf of thecorporattion. cd before eHe/ he [has personally knownOto3me or [X) has Hornstein
roduced a driver's
Florida Associates, LL ,
license as identification.
ENOWY
OSE M at AIL Notary Public
[Notary Seal]blie - State of New York . OtSM6108336 printed Name:d in New York Countysion Excires 4—rz—it My Commission Expires:
Docp 962037
Bkp 2663 Pgp 2008
Docp 1952849
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MONROE COUNTY
OFFICIAL RECORDS
DoubleTlmee
Warranty Deed (Statutory Farm) - Page 2
Exhibit# 13
Coco Palm Developers, LLC
21585 Old State Road 4A
Cudjoe Key, Florida
LEGAL DESCRIPTION Doca 1962037
Skq 2663 Pgq 2009
Lot 30 Sacarma, a subdivision of Government Lots 3 and 4 Section 29, Township 66 South
Range 28 East, Cudjoe Key, Monroe County, Florida, recorded in Plat Book 2, Page 48 of
the Public Records of Monroe County
RE and Alternative Key Numbers
RE Numbers Alternative Key Numbers
00174960-000000 1227021
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Exhibit# 14
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Exhibit# 15
County of Monroe
Growth Management Division
Planning & Environmental Resources
Department
2798 Overseas Highway, Suite 410
Marathon, FL 33050
Voice: (305) 289-2500
FAX: (305) 289-2536
November 26, 2013
Smith Oropeza, P.L.
Attn: Barton Smith
138-142 Simonton Street
Key West, FL 33040
Board of County Commissioners
Mayor Sylvia J. Murphy, District 5
Mayor Pro Tem, Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
David Rice, District 4
Doe" 1962037
Bk" 2663 Pg" 2012
RE: ADDENDUM 1 TO THE MAY 13, 2008 LETTER OF DEVELOPMENT RIGHTS
DETERMINATION FOR RAINBOW'S END TRAILER PARK AND COCO'S
CANTINA, LOCATED AT 21585 OVERSEAS HIGHWAY (US 1), CUDJOE KEY,
ON PROPERTY HAVING REAL ESTATE NUMBER 00174960.000000
This letter is in response to your request for a determination as to the number of dwelling units
that were lawfully established and thereby exempt from the Residential Rate of Growth
Ordinance (ROGO) permit allocation system and the amount of the non-residential floor area
that may be rebuilt and exempt from the Non -Residential Rate of Growth Ordinance (NROGO)
on the above -described premises.
A previous letter of development rights determination was issued for the subject property on
May 13, 2008. Based on a review of the records available at that time, the Planning &
Environmental Resources Department determined that 16 permanent residential dwelling units
(in the form of mobile homes) and 1,400 square feet of non-residential floor area is lawfully -
established on the subject property.
The applicant has requested a revised determination and submitted additional information
supporting the existence of 17 permanent residential dwelling units (in the form of mobile
homes) and five (5) transient residential dwelling units (in the form of recreational vehicles). The
applicant has not requested any revision to the determination of 1,400 square feet of non-
residential floor area.
This addendum letter concerns the seventeenth permanent residential dwelling unit. An
additional addendum letter shall be issued regarding the Planning & Environmental Resources
Department's position on the five (5) transient residential dwelling units.
Rainbow's End Trailer Park, Letter of Development Rights Determination (File #2013-132) Page 1 of 8
Doen 1962037
Background Information: Bkq 2663 Pgq 2013
The subject property, commonly known as Rainbow's End Trailer Park and Coco's Cantina, is
located at 21585 Overseas Highway (US 1) on Cudjoe Key, at approximate mile marker 22 on
the Gulf of Mexico side of US 1.
The property is legally described as Lot 30, Sacarma subdivision, Cudjoe Key (Plat Book 2, Page
48), having real estate (RE) number 00174960.000000.
The property is divided within three Land Use (Zoning) Districts: Suburban Commercial (SC),
Urban Residential Mobile Home (URM) and Native Area (NA). Consistent with the Land Use
Districts, the property is also divided within three Future Land Use Map (FLUM) categories:
Mixed Use Commercial (MC), Residential High (RH) and Residential Conservation (RC). The
following aerial photograph shows the boundaries of the property and the land use districts of the
immediate area:
3uojecr rroperty with Land Use Districts Overlaid (Aerial dated 2012)
Residential Dwelling Units:
In the application for the May 13, 2008 letter, the previous application requested a finding that
21 residential dwelling units were lawfully -established and thereby exempt from the Residential
Rate of Growth Ordinance (ROGO) permit allocation system. According to the previous
applicant, the site was developed with 16 mobile home lots and 5 recreational vehicle spaces
(some of the lots/spaces were vacant).
Rainbow's End Trailer Park, Letter of Development Rights Determination (File #2013-132) Page 2 of 8
Doca 1962037
Bkp 2663 PgO 2014
The current applicant asserts that the 22 residential dwelling units were lawfully -established and
thereby exempt from the ROGO permit allocation system. According to the current applicant, the
site is developed with 17 mobile home lots and 5 recreational vehicle spaces (some of the
lots/spaces are vacant).
As previously stated, this addendum concerns the mobile home lots.
Mobile homes are a type of dwelling units. As defined in MCC § 101-1, a dwelling unit is one (1)
or more rooms physically arranged to create a housekeeping establishment for occupancy by one
(1) family with separate toilet facilities. Further, a mobile home is a type of permanent
residential units. As defined in MCC § 101-1, a permanent residential unit is a dwelling unit that
is designed for, and capable of, serving as a residence for a full housekeeping unit which
includes a kitchen composed of at least a refrigerator and stove.
Pursuant to § 13 8-22(l ), the ROGO shall not apply to the redevelopment, rehabilitation or
replacement of any lawfully -established residential dwelling unit that does not increase the
number of residential dwelling units above that which existed on the site prior to the
redevelopment, rehabilitation or replacement. Therefore, owners of land containing residential
dwelling units shall be entitled to one unit for each such unit lawfully -established. The planning
director shall review available documents to determine if a body of evidence exists to support the
existence of units on or about July 13, 1992, the effective date of the original ROGO ordinance.
In order to approve an exemption, at least two of the following documents supporting the lawful
existence of the residential dwelling unit or space must be found:
Note: The determination in the May 13, 2008 letter was concluded pursuant to Administrative
Interpretation #03-108, which provided the criteria to determine whether or not a residential
dwelling unit was lawfully -established. However, in 2011, MCC §138-22 was amended to
included criteria within the code and Administrative Interpretation #03-108 was rescinded. The
criteria within Administrative Interpretation #03-108 and MCC §138-22 are marginally different.
Any issued Monroe County building permit(s) supporting the existence of the structure(s) and its
use(s) on or about July 13, 1992:
Building permits permitting the installation of all of the existing mobile homes were not located.
However, the building permits on file for the property support the continuous existence of a
mobile home park on the property from the 1970s to present.
The following table organizes building permits by the non -platted internal lot numbers, as
assigned by the mobile home park operator. As a note, some building permits did not provide an
internal lot number:
Rainbow's End Trailer Park, Letter of Development Rights Determination (File #2013-132) Page 3 of 8
Doe# 1962037
Sk# 2663 P94 2015
RE #00174960.000000
Permit #
121-2085*
101-7113*
071-5151
071-4938
061-3431
061-1799
061-1400
061-1396
051-6769
051-6626
051-6623
I Date Issued
06-05-2012
02-04-2011
12-05-2007
11-19-2007
06-07-2006
03-20-2006
03-01-2006
03-01-2006
01-26-2006
12-08-2005
12-08-2005
Description
Demolish 2 mobile homes (units 13 and 15)
Paint existing building and install fence (unit not specified)
Demolish 1 mobile home and associated structures (unit 12)
Reinstall 100 amp electric service (unit 10)
Re -roof I mobile home (unit 10)
Install 3 temporary FEMA trailers (units 2,3 and 14)
Replace 2 gang meter (units 1 and 3 )
Replace 2 gang meter (units 2 and 4)
Construct handicap ramp to mobile home (unit 15)
Demolish I mobile home and associated structures (unit 14)
Demolish 1 mobile home and associated structures (unit 2)
021-2209
05-23-2002
Change out 4 ton package unit with new unit (restaurant)
021-1550
04-17-2002
Upgrade to 100 amp electric service (unit 4)
981-2736
12-15-1998
Repair roof of 1 mobile home (unit 6)
971-0062
01-28-1997
Install area light (unit not specified)
951-0514
05-17-1996
Replace 1 mobile home (unit 6)
951-1792
01-09-1996
Upgrade hood fire suppression system (restaurant)
951-1132
08-07-1995
Replace electric service (units 10 and 12)
951-0774
06-07-1995
Install A/C with duct system (restaurant)
881-1314
07-12-1988
Reinstall 100 amp electric service (unit not specified)
881-1112
06-16-1988
Replace meter can (units 9 and 11)
881-0387
03-08-1988
Re -roof and remodel 1 mobile home (unit not specified)
881-0313
02-26-1988
Replace meter can (unit not specified)
881-0287
02-23-1988
Replace electric service (unit not specified)
881-0099
01-22-1988
Construct screened porch and deck (unit 10)
871-0642
10-10-1987
Install 200 amp electric service (unit not specified)
A-17356
04-06-1987
Upgrade to 100 amp electric service (unit 2 A)
A-13965
08-20-1985
Construct porch and shed (unit not specified)
A-12813
01-23-1985
Addition to sign
A-10096
12-14-1982
Replace 1 mobile home (unit not specified)
A-9853
11-01-1982
Construct shed (unit 16)
A-9596
07-22-1982
Replace 1 mobile home unit 1)
A-9274
03-09-1982
Replace 1 mobile home (unit 8)
A-9086*
01-20-1982
Replace 1 mobile home (unit not specified)
A-8805
11-03-1981
Install 2 mobile home
A-6217
01-07-1980
Install 100 amp electric service (unit 2 B)
A-4921
03-09-1979
Construct fence and porch (unit 2 A)
A-4724
02-01-1979
Replace 1 mobile home (unit 2 A)
Rainbow's End Trailer Park, Letter of Development Rights Determination (File #2013-132) Page 4 of 8
Docp 1962037
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34347 11-08-1974 1 Install 200 amp electric service (unit not specified)
* Issued or located after the May 13, 2008 letter
There is not a building permit on file in the Building Department's records for the initial
construction of a mobile home park. Seven (7) building permits were found which authorized the
placement/replacement of eight (8) mobile homes. Other building permits support the continued
existence of a mobile home park with ranging lot/unit numbers.
Building Permit #971-0062, issued on January 28, 1997, approved the installation of an area
light. A site plan provided with the application shows 16 trailer (mobile home) lots on the
property at that time.
Documentation from the Monroe County Property Appraiser's Office indicating residential use
on or about July 13, 1992:
The Monroe County Property Appraiser assessed the property identified as RE
#00174960.000000 from 1982 to 1987 under a property classification (PC) code of PC 21
(restaurant or cafeteria). In 1988, the PC code was changed to PC 36 (mobile home parks/ private
camping/ recreational parks). In 2009, the PC code was changed to PC 28 (parking lots/ mobile
home parks). It has been assessed as PC 28 until present.
The Property Appraiser's records indicate a building value on the parcel from 1982 to 2012;
however a building is currently not attributed to the property. Mobile homes under separate
ownership and/or assessed by the Tax Collector are not reflected as buildings or structures in the
Property Appraiser's records. It is unknown why the restaurant building is not reflected. Further,
the Property Appraiser's records include the following appraiser's note: "Coco's Cantina
Restaurant plus 17 unit mobile home park Rainbows End."
In addition to the current property record card which only provides data back to 1982, a property
record card from 1975 indicates that there was a mobile home park/recreational vehicle
development on the property at that time, with mobile homes on lots IA, 1B, 10, 12, 13, 16 and
17.
Aerial photographs and original dated photographs showing the structure(s) existed on or about
July 13, 1992:
Aerial photography from 1982 to 2012 confirms the continuous existence of a mobile home park
on the property. Aerial photography from 1989, 1992, 1994, 1996, 1998 and 2006 shows 16
structures on the property, all of which appear to be mobile homes and/or recreational vehicles
(not including the restaurant). Aerial photography from 2009 and 2012 shows 17 structures on
the property, all of which appear to be mobile homes and/or recreational vehicles (not including
the restaurant). Aerial photography from 2000, 2002 and 2004 indicates the presence of 15
structures on the property, all of which appear to be mobile homes and/or recreational vehicles
(not including the restaurant). However, from the aerial photography, Staff cannot determine
with any certainty if a given structure was a mobile home, a recreational vehicle or another type
of structure or vehicle.
Rainbow's End Trailer Park, Letter of Development Rights Determination (File #2013-132) Page 5 of 8
Doep 1962037
Bkp 2663 P9# 2017
Residential county directory entries on or about July 13, 1992.-
No residential county directory entries, from on or about July 13, 1992, were provided for
review.
Rental, occupancy or lease records, on or about July 13, 1992, indicating the number, type and
term of the rental or occupancy:
No rental, occupancy or lease records, from on or about July 13, 1992, were provided for review.
State and/or County licenses, on or about July 13, 1992, indicating the number and types of
rental units:
Rainbow's End Trailer Park had a valid Monroe County business tax receipt for 2006-07 and
2007-08 (#47144-4647). The total number of mobile homes or lots was not specified on the tax
receipt. Further, Rainbow's End Trailer Park had a valid Monroe County occupational license for
1988-1989 (#42878). The total number of mobile homes or lots was not specified on the license.
Note: The mobile home park may have had valid occupation licenses, business tax receipts or
other Monroe County Tax Collector documentation for other years; however such documentation
was not provided for review.
State of Florida Department of Health operating permits from 2007, 2006, 2004 and 1999 (44-
54-00055) for the Rainbow's End Trailer Park site indicate that there were 16 mobile home
spaces and 5 RV spaces on the property at that times. No information prior to 1999 was
provided for review. Furthermore, these documents only reflect "spaces" not units.
Online State of Florida Department of Business & Professional Regulations records state that
Rainbow Key had 16 lots in 1988, 1994 and 2007. In addition, the current online State of Florida
Department of Business & Professional Regulations records state that special qualifications for
Rainbow Key include "Park Includes RV Lots" and "Permitted Prior to June 4, 1986." However,
the online records do not indicate the number of RV lots or the date(s) in which they were
established.
Note: The mobile home park may have had valid operating permits or other State of Florida
documentation for other years; however such documentation was not provided for review.
Documentation from the utility providers indicating the type of service (commercial or
residential) provided and the number of meters in existence on or about July 13, 1992.-
The applicant submitted three billing statements from Keys Energy Services, detailing electric
service records for units. However, the total number of mobile homes is not specified as there are
multiple meters.
Rainbow's End Trailer Park, Letter of Development Rights Determination (File #2013-132) Page 6 of 8
DocN 1962037
Bka 2663 Pgq 2018
Note: Water and electric service were likely provided at times earlier than the aforementioned
dates; however records confirming/supporting such were not provided.
Similar supporting documentation not listed above as determined suitable by the planning
director:
Prior to the 1986 re -zoning of the property to SC, URM and NA, the property was divided within
a RU-51? district (Mobile Home Park Residential) and a BU-2 (Medium Business) district. The
mobile home park area of the site was entirely within the RU-51? district. Mobile homes were
permitted in the RU-5P district.
Prior to the May 13, 2008 letter, a site visit was conducted by Planning & Environmental
Resources Department Staff on May 2, 2008. Staff observed 13 mobile homes, 3 recreational
vehicles and the Coco's Cantina restaurant.
A second site visit was conducted by Planning & Environmental Resources Department staff on
October 23, 2013. During the site visit, staff observed a total of 17 mobile homes and
recreational vehicles on the property.
The 1988 mobile home study, prepared by the Planning Department, indicates that 16 "mobile
homes" and 1 "other" present on the site at that time. However, it should be noted that the
surveyor's objective was to obtain a county -wide estimate of mobile homes and recreational
vehicles, not necessarily an exact total, and the surveyor may not have been authorized to enter
the private property to get an accurate account on the subject property.
Lawful Determination:
Based on a review of the records, the Planning & Environmental Resources Department has
determined that seventeen (17) permanent residential dwelling units (in the form of mobile
homes) were lawfully -established on the subject property. As such, up to 17 mobile homes may
continue to existing and their replacement would thereby be exempt from the ROGO permit
allocation system.
Upon a further review of the Monroe County Property Appraiser's information, it is evident that
there were 17 mobile home lots in 1975, not 16 mobile home lots. Further, the current Monroe
County Property Appraiser Property Record Card includes the following notation: "Coco's
Cantina Restaurant plus 17 unit mobile home park Rainbows End."
In addition, while the 1988 mobile home study states that there were only 16 "mobile homes" on
the property, it includes a reference to an additional "other" structure. Mobile homes that had
been improved with additions were often defined as such as the surveyor could not determine if
the structure was in fact a mobile home or recreational vehicle.
Pursuant to § 13 8-22(1), in order to approve an exemption, at least of the described documents
supporting the lawful existence of the residential dwelling unit or space must be found in order
for the planning director to determine if a body of evidence exists to support the existence of unit
Rainbow's End Trailer Park, Letter of Development Rights Determination (File #2013-132) Page 7 of 8
Doca 1962037
8kp 2663 P9N 2019
or space on or about July 13, 1992, the effective date of the original ROGO ordinance. The
aforementioned documentation satisfies this requirement.
Please note that this determination relates to the number of permanent residential units (in the
form of mobile home lots) that were lawfully -established on or about July 13, 1992. It does not
state or imply that all of the structures in existence were lawfully -established. Several of the
structures on the mobile home lots observed by staff during the site visits appeared to be
recreational vehicles, not mobile homes. Any recreational vehicle located on a mobile home lot
will have to be removed and any unlawful construction will require an after -the -fact building
permit for its construction or a demolition permit.
This letter does not provide any vesting to existing regulations and the replacement dwelling
units and any new accessory structures must be built in compliance with all applicable
regulations of the Monroe County Code and Comprehensive Plan at the time of development
approval. Furthermore, if the exempted development is not replaced, but substantially improved
as defined in the Monroe County Code, such development must be brought into compliance with
all applicable regulations.
You may appeal decisions set forth in this letter. The appeal must be filed with the County
Administrator, 1100 Simonton Street, Gato Building, Key West, FL 33040, within thirty (30)
calendar days from the date of this letter. In addition, please submit a copy of your application to
the Planning Commission Coordinator, Monroe County Planning & Environmental Resources
Department, 2798 Overseas Hwy, Suite 410, Marathon, FL 33050.
We trust that this information is of assistance. If you have any questions regarding the contents
of this letter or if we may further assist you with your project, please feel free to contact our
Marathon office at (305) 289-2500.
Sincerely,
Townsl Scab, Senior Director of Plannin & Environmental ental Resources
Rainbow's End Trailer Park, Letter of Development Rights Determination (File #2013-132) Page 8 of 8
Exhibit# 16
MONROB COUNTY
OFFICIAL RECORDS
RETU N TO:
PREPARED BY A LITENtCK
RICHARD M. K
RICHARD Ni. KI ITECK, P.A.
624 WHIM EAD 040�
KEY WEST, FI
305-292-4101
FILE #13 E30076
SK#1 9 0 3 PG#1 9 7 9
RCD Jun 30 2003 62154PM
DANNY L KOLKAG6, CLERK
DSBD DOC STAI�-�2975.06
06/30/2093 (�--� DSP CLK
FILE NUMBER' RE03.031 Datal__
(Space Above this Line For Recording
DEED
BkN 26632037 pga 2020
wAYMp'N
PARCEL ID# 00132670-000000 6x 00132680.000EAR 0�03 AND SUBSEQUENT YEARS
SUB3 'CT To. TAXES E TONS, CONDITIONS,
SUBJECTTO-, Q; LIMITATIONS, CONDITIONS+EASEMENTS, RESTRICTIONS OF RECORD, IF AN
DING, LLC
STOCK ROCK EMTEROR►SES, INC. TO $WyCREST LAN
aiis $UNCRLST ROAD, KEG' WEST' FL
PAGE 1 Of 2
FILL; #1380076
BK#1 9 O 3 PG#1 9 8 O
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise
appertaining.
To Have and to Hold, the same in fee simple forever. Doop 1962037 V
Bk# 2663 P9# 2021
And the grantor hereby covenants with said grantee that thto egrantorand �nv� said landized -, that the said grantor
in fee
simple; that the grantor has good right and lawful authority
hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons
whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31,
2002.
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written.
Signed, sealed and delivered in our presence:
Witness # 1st afore
P ' t name=�"rO��
imess 1 signature
Print name
STATE OF FLORIDA
COUNTY OF MONROE
STOCK ROCK ENTERPRISES, INC.,
a Florida corporation
B4-chard
L. Berard, President, by Richard M.
Klitenick, as attorney -in -fact.
I HEREBY CERTIFY that on this day personally appea
red before me, a to
M. KLITENIC> ersonally known to m ,
administer oaths and take acknowledgements, RICHARD as identification, to n
or who produced
who is the agent of principal, RICHARD L. BERARD under n
that d he acknowledgedain Power fAttorney dated to me that he executed
ne
2003, as the Grantor described in the foregoing Warranty
Deed,the same freely and voluntarily for the purposes therein expressed, with all requisite authority on behalf of the
principal, RICHARD L. BERARD, as President of Stock Rock Enterprises, Inc..
WITNESS my hand and official seal at Key West, Monroe County, State of Florida, this day
June, 2003.
F !'f'r;-'AChAfi•, E. SHENTON
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hotaryPublio-State of Florida
Commission No.
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NONROB COUNTY
OFFICIAL RBCORDS
5rocKROCK EN7E MS", /Na mKFYWEa LLmoavo, LLC
d 17I SuNCREST ROAAFL
PAGE2Of 2
Exhibit# 17
SUNCREST LANDINGS, LLC
5176 Suncrest Road
Key West, Florida
LEGAL DESCRIPTION a o
On the Island of Stock Island and being Lots numbered 27 and 28 of SUN KREST
SUBDIVISION, a subdivision of a part of Government Lot 1, Section 34, Township 67 NU
South, Range 25 East, according to Plat thereof recorded in Plat Book 1, Page 107, of wN
Monroe County, Florida Public Records.
a
AND ALSO N
N
N
A parcel of submerged land in Section 35, Township 67 South, Range 25 East, Stock
Island, Monroe County, Florida, lying southerly of and adjacent to Lots 27 and 28 of SUN
KREST SUBDIVISION, as recorded in Plat Book 1, Page 107, Public Records of
Monroe County, Florida, more particularly described as follows: begin at the SW corner
of said Lot 27, said SW corner being at the mean high water mark of Cow Key Channel;
thence northeasterly along said mean high water mark to the SE corner of said Lot 28 of
SUN KREST SUBDIVISION; thence Southeasterly along the extension of the easterly line
of said Lot 28, 221.0 feet; thence with a deflected angle to the right of 101' 30' run
westerly 102.1 feet, more or less, to the intersection with southeasterly extension of the
westerly line of said Lot 27; thence northwesterly along said southeasterly extension 210.0
feet, more or less, to the point of beginning.
RE and Alternative Key Numbers
RE Numbers Alternative Key Numbers
00132680-000000 1167142
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xhibit# 18
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Exhibit# 19
County of Monroe
Growth Management Division
Planning & Environmental Re3oUrces
Denartment
2798 Overseas Highway, Suite 410
Marathon, FL 33050
Voice: (305) 289-2500
FAX: (305) 289-2536
November 14, 2013
Smith Oropeza, P.L.
Attn: Barton Smith
138-142 Simonton Street
Key West, FL 33040
Board of County Commissioners
Mayor George Neugent, District 2
Mayor Pro Tern, Heather Carruthers, District 3
Danny L. Kolhage, District I
David Rice, District 4
Sylvia J. Murphy, District 5
Doe# 1962037
8k# 2663 P9# 2025
RE: LETTER OF DEVELOPMENT RIGHTS DETERMINATION FOR SUNCREST
LANDINGS, LOCATED AT 5176 SUNCREST ROAD, STOCK ISLAND ON
PROPERTY HAVING REAL ESTATE NUMBER 00132680.000000
This letter is in response to your request for a determination as to the number of dwelling units
that were lawfully established and thereby exempt from the Residential Rate of Growth
Ordinance (ROGO) permit allocation system on the above -described premises.
Background Information:
The subject property is located at 5176 Suncrest Road on Stock Island, at approximate mile
marker 5 on the Atlantic Ocean side US 1. The existing mobile home park on the property is
known as Suncrest Landings.
The property is comprised of one parcel of land. It is legally described as Lots 27 and 28,
Sunkrest (Plat Book 1, Page 107), Stock Island, Monroe County, Florida, with the parcel
currently assessed under real estate (RE) number 00132680.000000.
Note: The aforementioned RE number was expanded by aggregation with other parcels by the
Monroe County Property Appraiser for the 2006 tax roll. Prior to 2006, the property was
assessed under RE #00123460.000000, RE #00132670.000000 (Lot 27) and RE
#00132680.000000 (Lot 28).
The property is located partially within the Mixed Use (MU) Land Use (Zoning) District and
partially within a Native Area (NA) Land Use (Zoning) District. Consistent with the boundaries
of the MU/NA districts, it is within Mixed Use/Commercial (MC) and Residential Conservation
(RC) Future Land Use Map (FLUM) categories. Existing residential development is entirely
within the MU/MC portion of the site. The following aerial photograph shows the boundaries of
the property and the land use districts of the immediate area:
Suncrest, Letter of Development Rights Determination (File #2013-133) Page 1 of 7
DoeN 1962037
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Subject Property with Land Use Districts Overlaid (Aerial dated 2012)
A site visit was conducted by Planning & Environmental Resources Department staff on October
21, 2013. During the site visit, staff observed four (4) single-family mobile homes (Units #2, #3,
#4 and #5), one (1) two-family mobile home (Units #6A and #6B) and two (2) recreational
vehicles (RVs) (Units #1 and #7). The unit numbers are shown on the following image, as
observed on the site visit. Note: Unit #7 was observed on the 2013 site visit, but is not visible in
the 2012 aerial.
Subject Property with Unit lvumners kAenai aaieu 4viL)
Suncrest, Letter of Development Rights Determination (File #2013-133) Page 2 of 7
Doe" 1962037
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Residential Dwelling Units:
The applicant asserts that the 8 residential dwelling units are lawfully -established and thereby
exempt from the ROGO permit allocation system.
Pursuant to § 13 8-22(1), the ROGO shall not apply to the redevelopment, rehabilitation or
replacement of any lawfully -established residential dwelling unit that does not increase the
number of residential dwelling units above that which existed on the site prior to the
redevelopment, rehabilitation or replacement. Therefore, owners of land containing residential
dwelling units shall be entitled to one unit for each such unit lawfully -established. The planning
director shall review available documents to determine if a body of evidence exists to support the
existence of units on or about July 13, 1992, the effective date of the original ROGO ordinance.
In order to approve an exemption, at least two of the following documents supporting the lawful
existence of the residential dwelling unit or space must be found:
Any issued Monroe County building permit(s) supporting the existence of the structures) and its
use on or about July 13, 1992:
The following building permits are on file in the Building Department's records:
There is not a building permit(s) on file in the Building Department's records for the
construction of the mobile home park and the installation of the original mobile homes.
Suncrest, Letter of Development Rights Determination (File #2013-133) Page 3 of 7
Doc# 1962037
Bk# 2663 Pg# 2028
The building permits on file for other improvements support the existence of a mobile home
park. Building Permit #A-2152 approved an addition to a mobile home. Building Permit #011-
3227 renovations to a mobile home. Building Permits #A-2267, #991-2674, #101-5181 and
#021-3171 approved electric work associated with existing mobile homes.
Building Permits # 121-1525, # 121-4915, # 121-4917, # 121-4920, # 121-4927 and # 121-4928
approved sewer work, which included a sewer connection for 8 trailers and 5 lateral tie-ins to the
connection. Concerning the total number of units served by the sewer connection, it should be
noted that wastewater -related building permits were expedited at that time and the Planning
Department did not review such applications to determine if the development served by the
wastewater -related was lawfully established. To clarify this issue, the permit included the
following language "THE ISSUANCE OF THIS PERMIT IN NO WAY AUTHORIZES OR
RECOGNIZES A LAWFUL DWELLING UNIT ON THIS PARCEL. SEPARATE
APPROVAL PROCESS IS REQUIRED FOR ESTABLISHING STATUS OF LAWFUL UNIT
(IF APPLICABLE)."
Of importance to the total number of mobile homes in place at the time in which the ROGO was
adopted in 1992, the applications for Building Permits #011-3227 and 021-3171 include copies
of the same survey of the property from 1991 (by Robert E. Reece, P.A.). The survey shows 6
mobile homes, 5 of which were located in the same location/configuration as the single-family
mobile homes and the two-family mobile home observed on the site visit (Units #2, 0, #4, #5,
#6A and #613). In addition, the sixth mobile home on the survey was located in the same location
as one of the existing RVs observed on the site visit (Unit #1).
Documentation from the Monroe County Property Appraiser's Office indicating residential use
on or about July 13, 1992:
For the parcel currently identified as RE #00132680.000000, the Property Appraiser currently
assesses the parcel under a property classification code of 08 (Multifamily less than 10 units).
Eight residential buildings are currently attributed to the property.
M6113 C UntY Pro ;=A` `serData ZOl'3 a {` ;`
Buildin #
Year Built
a /S uare footage
#1
1972
R1 648 SF - 12' x 54'
#2
1972
R1 444 SF - 12' x 37'
#3
1978
R1 480 SF - 12' x 40'
#4
1978
RI 407 SF - I P x 37'
#5
1978
RI240 SF - 8' x 30'
96
1972
R1 472 SF - 12' x 40'
#7
1972
Rl 878 SF - approx. 24' x 40'
#g
1955
1 RI 189 SF -14' x 18'
* Note: The Building numbers assigned by the Monroe County rropeny Appraiser uu 110L �viica}vuu
with the address numbers, as shown on the image on page 2 of this letter.
** An appraiser note dated 2001 indicates that Building #4 is a "travel trailer" and Building #5 is a "RV"
Suncrest, Letter of Development Rights Determination (File #2013-133) Page 4 of 7
Doca 1962037
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Two building permit files (011-3227 and 021-3171) included property record cards for RE
#00132670.000000 (Lot 27) from 2001 and 2002 respectively. Note: Suncrest Landings had
two real estate numbers in the past (00132670.000000 and 00132680.000000). Both the property
record cards show only two mobile homes, which, based on location on Lot 27 and size, appear
to be Units #2 and #3 (Property Appraiser Buildings #6 and #7 on the preceding table). Unit #7
is Iocated on Lot 27 but was not accounted for on the property record cards.
Aerial photographs and original dated photographs showing the structures) existed on or about
July 13, 1992:
Aerial photography from January 1984 to 2012 confirms the continuous existence of at least four
structures on the property (Units #2, #3, #4, and #5). Other structures were in existence during
that timeframe, but are not visible due to obstructing vegetation on the site. As a note, aerial
photography can only confirm the number of structures, not the number of dwelling units, in
existence at any given time.
Structure
Strcturn Visible: 4
19841989�199
`� 199�2002`t'
-2QQ6 ,
�Z00a4
2012.
Unit 1
X
X
X
_..
X
X
Unit 2
X
X
X
X
X
X
X
X
Unit 3
X
X
X
X
X
X
X
X
Unit 4
X
X
X
X
X
X
X
X
Unit 5
X
X
X
X
X
X
X
X
Unit 6
X
X
X
X
X
X
X
Unit 7
Residential county directory entries on or about July 13, 1992:
No residential county directory entries were provided for review.
Rental, occupancy or lease records, on or about July 13, 1992, indicating the number, type and
term of the rental or occupancy:
No rental, occupancy or lease records were provided for review.
State and/or County licenses, on or about July 13, 1992, indicating the number and types of
rental units:
No State or county licenses were provided for review.
Documentation from the utility providers indicating the type of service (commercial or
residential) provided and the number of meters in existence on or about July 13, 1992:
Suncrest Letter of Development Rights Determination (File #2013-133) Page 5 of 7
Doca 1962037
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The applicant submitted thirteen electrical connect orders from between 1957 and 1988. A letter
from the Florida Keys Aqueduct Authority was submitted showing 10 accounts were established
between 1950 and 1963. It is unclear as to where these electric and water meters were located.
Note: Water and electric service were likely provided at times earlier than the aforementioned
dates; however records confirmffig/supporting such were not provided.
Similar supporting documentation not listed above as determined suitable by the planning
director:
Site visits were conducted by Planning & Environmental Resources Department staff on October
15, 2013 and October 21, 2013. Staff observed 5 mobile homes and 2 recreational vehicles, with
one of the mobile homes being a duplex with symmetrical design and each unit having a kitchen,
bathroom and bedroom.
The 1988 Monroe County Mobile Home Study indicates 5 mobile homes were observed on the
property at that time. However, it should be noted that the surveyor's objective was to obtain a
county -wide estimate of mobile homes and recreational vehicles, not necessarily an exact total,
and the surveyor may not have been authorized to enter the private property to get an accurate
account on the subject property.
Lawful Determination:
Based on a review of the records associated with the subject property, the Planning &
Environmental Resources Department has determined that seven (7) permanent residential
dwelling units were lawfully -established on the subject property and their replacement would
thereby be exempt from the ROGO permit allocation system.
In the application, it is asserted that 8 mobile homes (permanent residential dwelling units) were
lawfully established. This total corresponded to the total number of dwelling units observed by
staff during the site visits. But regardless of the existing total, in order to provide a ROGO
exemption for a given dwelling unit, the planning director shall review available documents to
determine if a body of evidence exists to support the lawful existence of the dwelling unit on or
about July 13,1992, the effective date of the original ROGO ordinance.
Although there are not any building permits on file for the installation of the existing mobile
homes and recreational vehicles, there is consistent evidence supporting the existence of 7
permanent residential dwelling units (Units #1, #2, #3, #4, #5, #6A and #6B). There are at least
two pieces of evidence supporting each of these dwelling units as lawful. However, there is no
documentation on file that supports the existence of Unit #7 in 1992, nonetheless its lawful
existence.
Conversely, the information on file indicates that Unit #7 was recently introduced to the site
without the benefit of a permit. Unit #7 is not shown or identified in the 1991 survey included
with Building Permits #011-3227 and 021-3171, it is not visible in any aerial photographs and it
is not accounted for on past property record cards for Lot 27. Further, RVs have not been
Suncrest, Letter of Development Rights Determination (File #2013-133) Page 6 of 7
Doca 1962037
Bka 2663 Pga 2031
permitted in the MU district since its inception in 1986. In addition, it is important to note that an
additional RV space could not have been permitted on the site from 1996 to present due the
transient moratorium. Therefore, Staff has found that Unit #7 was not lawfully established and is
thereby not exempt from the ROGO permit allocation system. [Note: records indicate that the
second RV, Unit #1, was installed prior to 1986].
This letter does not provide any vesting to existing regulations and the replacement dwelling
units and any new accessory structures must be built in compliance with all applicable
regulations of the Monroe County Code and Comprehensive Plan at the time of development
approval. Furthermore, if the exempted development is not replaced, but substantially improved
as defined in the Monroe County Code, such development must be brought into compliance with
all applicable regulations.
You may appeal decisions set forth in this letter. The appeal must be filed with the County
Administrator, 1100 Simonton Street, Gato Building, Key West, FL 33040, within thirty (30)
calendar days from the date of this letter. In addition, please submit a copy of your application to
the Planning Commission Coordinator, Monroe County Planning & Environmental Resources
Department, 2798 Overseas Hwy, Suite 410, Marathon, FL 33050.
We trust that this information is of assistance. If you have any questions regarding the contents
of this letter or if we may further assist you with your project, please feel free to contact our
Marathon office at (305) 289-2500.
Sincerely,
Townsle ScKwab, Senior Director of Plannin & Environmental Reso
urces
ounces
Suncrest, Letter of Development Rights Determination (File #2013-133) Page 7 of 7
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Exhibit# 21
May 30, 2013
Doca 1962037
Bkp 2663 P90 2040
1 hereby authorize Barton W. Smith, Esq. of Smith Oroaem P.L. be listed as authorized agent
(Name of Agent)
for Summerland Palms Investors, LLC, _Oceanside Investors, LLC and Singh Investors. LLC for the
application submittal for
(Name of Property Owner(s) the Applicant(s))
Key (island): Summerland
Real Estate numbers: Summerland Palms Investors, LLC:
00194741-000100
00194741-000200
00194741-000300
00194 741-000400
00194 741-000500
00194741-000600
00194741-000700
00194741.-000800
00194741-000900
00194741-001000
00194741-001100
00194741-001200
00194741-001400
00194741-001500
00194741-001600
00194741-001700
00194741-001900
00194741-001900
00194741-002000
00194741-002100
00194741-002200
Key (island): Stock Island
Real Estate numbers: Oceanside Investors, LLC
00127420-000000 00127420-000100
This authorization becomes effective on the date this affidavit is notarized and shall remain in effect until
terminated by the undersigned. This authorization acts as a durable power of attorney only for the purposes
stated.
The undersigned understands the liabilities involved in the granting of this agency and accepts full responsibility
(thus holding Monroe County harmless) for any and all of the actions of the agent named, related to the
acquisition of approvaWpermits for the aforementioned applicant.
Note: Authorization is needed from each owner of the subject property. Therefore, one or more authorization
forms must be submitted with the application if there are multiple owners.
Deco 1962037
BkN 2663 P9# 2041
Pro Owner(s) Signature
Jiwan N. Singh, Managing Member
Summerland Palms Investors, LLC,
Oceanside Investors, LLC,
Singh Investors, LLC
NOTARY:
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before we this 30th day of May, 2013.
Rwan N. Singh is
personalty known produced identification
Type of Identification), did / did not take an oath.
Notary
GRSOM OROPUA
MY COMA{SAN I EE MM
• ' 0011
2014
EXPIRES: Pubk Uf* v "
lt133 rro
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ag 't dis
Ran NOIWO
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Doca 1962037
Bkii 2663 Pgp 2042
September 12013
I hereby authorize Barton W Smith, Esg. be listed as authorized agents
(Name of Agent)
for Suncrest Landing. LLC for the application submittal for
(Name of Property Owner(s) the Applicant(s))
Property described as 5176 Suncrest Road, South Stock Island, Key West, Florida 33040
Key (island): Stock -Island
and Real Estate number: 00132680-000000-
This authorization becomes effective on the date this affidavit is notarized and shall remain in effect until
terminated by the undersigned. This authorization acts as a durable power of attorney only for the purposes
stated.
The undersigned understands the liabilities involved in the granting of this agency and accepts full responsibility
(thus holding Monroe County harmless) for any and all of the actions of the agent named, related to the
acquisition of approvaWpennits for the aforementioned applicant.
Note: Authorization is needed from eachowner of the subject property. Therefore, one or more authorization
forms must be submitted with the application if there are multiple owners.
Property Owner(s) Signature
Sam Holland, a anager
NOTARY:
STATE OF FLORIDA
COUNTY OF MONROE
,
The foregoing instrument was acknowledged before me this q�� da Yof �p�-e.wbe.f' 2ki 'S .
Sep<e,r>n�aY is . ✓ personally known __ produced identification
Type of Identification), did / did not take an oath.
Notary
#i my CAia1MiSSWK I EE OOW
ram?. (FIRES. jWy 1, 204
PAGE 1 OF 1 ?!ja pe d TM WOV Pv-*
1
Doe" 1962037
Bk" 2663 P9" 2043
September 30, 2013
I hereby authorize Barton W. Smith Esa be listed as authorized agents
(Name of Agent)
for Coco Palms Developers LLC for the application submittal for
(Name of Property Owner(s) the Applicant(s))
Property described as Lot: 30, Sacarma .Plat Book 248 of Cudjoe Key
Key (island): Cudjoe Kev
and Real Estate number: 00174960-000000.
This authorization becomes effective on the date this affidavit is notarized and shall remain in effect until
terminated by the undersigned. This authorization acts as a durable power of attorney only for the purposes
stated.
The undersigned understands the liabilities involved in the granting of this agency and accepts full responsibility
(thus holding Monroe County harmless) for any and all of the actions of the agent named, related to the
acquisition of approvals/permits for the aforementioned applicant.
Note: Authorization is needed from each owner of the subject property. Therefore, one or more authorization
forms must be submitted with the application if there are multiple owners.
NOTARY;
STATE OF F11,ORIDA
COUNTY OF MONRC
The foregoing instrument was acknowledged before me this s-._ ay of 20
i9 personally knownproduced identiticntrnn
Type of Identification), did / did not take an oath.
" TIFFANY MICOIF OPOA
W CMUSSIOM 1 FF OM
EXPIRES: JWy 1, 2017
Boedd ihiu Naar Pub4 Undenrkers
PAGE I OF I
. 4
Exhibit# 22
5/30/2013
DESIGN DATA:
PERIecia Oceanside Resort and Marina
5950 Peninsular Avenue
Key West, Florida 33040
t7vrner/tUeveiooen Oceanside investors, LLC
P.O. Box 2039
Key West, Florida 33045
GENERAL INFORMATION"
Future Land Use Map: MC (Mixed Use Commercial)
Land Use: MU (Mired Use)
Ter Designation: Tier III
Gross Acres: 29.84 AC
Net Acres: 11.18 AC
Dwelling Units: 78
Hotel Rooms: 5
Restaurant: 3859 SF
Miscellaneous Other: (Lobby/Offices/Marina Store/Dockmaster
Fitness Center/Bath House/Maintenance/Housekeeping/Watersports: 15400 SF
Wet Slips: 106 Exisdng Permitted Slips & 8 Existing Slips To Be Permitted
Parking Required: 262
Parking Provided: 262 (207 Standard, 7 HCP, 48 Scooter)
IMPERVIOUS/PERVIOUS DATA:
UE" aND AREA
Gross Acres
Submerged Acres
Total Upand Acres
Unit/Hotel
Restaurant/Lobby/ORlces
Marina Store & Dockmaster
Gate House
Bath House
Maintenance & Fitness Center
Housekeeping
Watersports
Existing Boat House
Existing Southern Condos
Total Lot Covera" 8Y Strnctur"
SF
BkN 266320P94 2044
AC
15400 0.35
SF AC
864,230 19.84
377230 8.66
487,001 11.28
42954
9425
1433
86
1000
1500
1.200
540
21924.99
23732.69
103795.67
2.39
lk POOLS
sr AC
LQ* COVEgASZ SY ROADS WALKW&U
Roads/Parking 118,237.49 SF
118237.49
Poois/Plaza 13532.79 SF
69
233769..63
Sidewalks 13,532.63
Misc Concrete (Dumpster Pad, Retaining Wail, & Curbing) 4730.83 SF
4730.84
38002.7
Land Plers (Existing) 38002.7 SF
Walkways & Pools 19873.44 SF (4.552 AC)
198273.5 4.54
Total Lot Coverapp BY Roads,
SF AC
LNPEgVIOUS/PsRVIOUSPERCENTAGE
487001
Total Upland Acres
301219
Total Impervious Acres
61.85%
Impervious Percentage of Site
185781.77 4.26
Total Open Space Acres
38.15%
open Space Percentage of Site
20%
Open Space Required
rlRAU>i4ED L•_NDC'aPE S rF R YARDS
Major Street Buff! No Mayor Streets
Street Tree Requirement- Peninsular Ave 650 LF / 100 = 7 Trees
MU Abutting URM- Type C 10' 8ufferyard
MU Abutting MU- Not Applicable
Parking Lot- Class C Parking Lot Landscaping
A .
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Exhibit# 23
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A CONCEPTUAL SITE PLAN
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OCEANSIDE RESORT a MARINA
-N7aGORDA. RCRIDA 33930
-- o4 1.50.5 inn
tr 'a Moen 1962037
r� J e BIOS 2663 POI 2048
s _7>
MONROE COUNTY, FLORIDA
RESOLUTION NO. 353 -2013
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING A
DEVELOPMENT AGREEMENT BETWEEN AND AMONG
MONROE COUNTY; SUMMERLAND PALMS INVESTORS,
LLC; COCO PALMS DEVELOPERS, LLC; SUNCREST
LANDING, LLC; SINGH INVESTORS, LLC; AND
OCEANSIDE INVESTORS, LLC ALLOWING THE TRANSFER
OF UP TO 46 MARKET -RATE ROGO EXEMPTIONS FROM
MOBILE HOME PARK SITES (SENDER SITES) TO A
PROPERTY ON STOCK ISLAND KNOWN AS OCEANSIDE
( RECEWER SITE) . IN ACCORDANCE. WITH MONROE
COUNTY CODE SE CTION .130- 161.1; REQUIRING THAT
THE UNITS ON THE SENDER SITES SHALL BE
CONVERTED TO, OR REPLACED WITH, AFFORDABLE • .
HOUSING UNITS, AND CONCEPTUALLY APPROVING THE .
REDEVELOPMENT OF THE RECEIVER SITE
WHEREAS, during a regularly scheduled public meeting held on December 11, 2013,
the Monroe County Board of County Commissioners conducted a public hearing to review and
consider a request filed by Attorney Barton W. Smith, on behalf of Summerland Palms Investors,
LLC; Coco Palms Developers, . LLC; Suncrest Landing, LLC; Singh Investors, LLC; and
Oceanside Investors, LLC for . a Development Agreement (Agreement) in accordance with
Monroe County Code §110 -132, §110 -133 and. §130 -161.1 and Florida Statutes §163.3220 et.
seq., the "Florida Local Government Development Agreement Act"; and .
WHEREAS, the Agreement allows the transfer of _ 46 Residential Rate of Growth
Ordinance (ROGO) exemptions — known as Transferable ROGO Exemptions (TRE's) - from
sender . sites at 24930 Overseas Highway owned by Summerland Palms Investors, LLC
( "Summerland Site ") (22 market-rate permanent TRE's); 21585 Old State Road 4A owned by
Coco. Palms Developers, LLC ( "Cudjoe Site ")(17 market -rate permanent TRE's); and 5176
Suncrest Road owned by Suncrest Landing, LLC ( "Stock Island Site") (7 market -rate permanent
TRE's) to a receiver site at 5950 and 5970 Peninsular Avenue owned by Oceanside Investors,
LLC ( "Oceanside "), in accordance with §130 -161.1 of the Monroe County Code. On the sender
sites, the residential dwelling units from which the transferred market -rate. TRE's are derived
shall be converted to, or replaced with, deed - restricted affordable housing; and
Page 1 of 5 (BOCC Dec. 11; 2013)
Docq 1962037
BIM 2663 Pg$t 2049
WHEREAS, Singh Investors, LLC, is an active Florida limited liability company which
has a purchase agreement to purchase the Stock Island Site located at 5176 Suncrest Road, Stock
Island, Florida, from Suncrest Landing, LLC, an active Florida limited liability company; and.
WHEREAS, the Agreement involves the redevelopment of the receiver site located at
5950 and 5970 Peninsular Avenue, Stock Island, Florida. The site has historically been known as
Key West Oceanside Marina (Oceanside); and
WHEREAS, Oceanside, the receiver site, located at 5950 and 5970 Peninsular Avenue,
Stock Island, is legally described as Block 60, portions of Lots 1, 2 and 3, Block 61, portions of
Lots 1, 2 and 3, the portion of Maloney Avenue lying between Blocks 60 and 61, McDonald's
Plat (Plat Book 1, Page 55), also described as a parcel of land in Sections 26, 34, 35 and 36,
Township 37 South and Range 25 East, having real estate #00127420.000000 and
#00127420.000100; and
WHEREAS, the Summerland Site, located at 24930 Overseas Highway, Summerland
Key, is legally described as Lot 55 and a portion of Lot 54, Summerland Yacht Harbor (Plat
Book 2, Page 142), having real estate numbers #00194741.000100, #00194741.000200,
#00194741.000300, #00194741.000400, #00194741.000500, #00194741.000600,
#00194741.000700, #00194741.000800, #00194741.000900, #00194741.001000,
#00194741.001100, #00194741.001200, #00194741.001300, #00194741.001400,
#00194741.001500, #00194741.001600, #00194741.001700, #00194741.001800,
#00194741.001900, #00194741.002000, #00194741.002100 and #00194741.002200; and
WHEREAS, the Cudjoe Site, located at 21585 Old State Road 4A, Cudjoe Key, is
legally described as Lot 30, Sacarma (Plat Book 2, Page 48), having real estate number
00174960.000000; and
WHEREAS, the Stock Island Site, located at 5176 Suncrest Road, Stock Island, is
legally described as Lots 27 and 28, Sun Krest (Plat Book 1, Page 107), having real estate
number 00132680.000000; and
WHEREAS, the Agreement is required as part of an affordable housing incentive
program as set forth in §130-161.1 of the Monroe County Code; and
WHEREAS, the intent of the program outlined in §130 -161.1 is to establish an
appropriate incentive for mobile home park owners to maintain mobile home park sites, mobile
home developments in Urban Residential Mobile Home (URM) and Urban Residential Mobile
Home Limited (URM -L) districts, and contiguous parcels under common ownership containing
mobile homes where any of the foregoing is presently serving as a primary source of affordable
housing in Monroe County (any of the foregoing being an "eligible sender site ") by providing an
alternative development strategy to straightforward market -rate redevelopment; and
WHEREAS, the program outlined in §130 -161.1 allows the transfer of market -rate
ROGO exemptions associated with lawfully established dwelling units now existing at an
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BkII 2663 POI 2050
eligible sender site to be transferred to another site or sites in exchange for maintaining an equal
or greater number of deed - restricted affordable dwelling units within Monroe County; and
WHEREAS, the Agreement also approves a conceptual site plan for development on the
Oceanside site subject to further site plan approval by the Planning Commission; and
WHEREAS, the development agreement approves the addition of 78 residential
dwelling units, which may be used as vacation rentals, up to 5 hotel rooms, a new restaurant, and
other improvements related to the existing marina and accessory development; and
WHEREAS, the Monroe County Planning Commission held a public hearing at its
meeting on November 15, 2013; and
WHEREAS, at the November 15, 2013, public hearing, the Planning Commission
formally requested and recommended:
a. revision to the development agreement to modify affordable housing income types of
the 46 affordable housing units at the sender sites from 100 percent moderate - income to
an approximate combination of 50 percent moderate - income, 25 percent median- income
and 25 percent low- income;
b. to expressly limit the height of all structures to 35 feet or less; and
c. to modify the proposed duration of rent - controlled leases for existing mobile home
residents from five years to seven years; and
WHEREAS, based upon the information and documentation submitted, the Board of
County Commissioners makes the following Findings of Fact:
1. The receiver site, Oceanside, 5950 and 5970 Peninsular Avenue, Stock Island, is
located within a Mixed Use (MU) Land Use (Zoning) District. Further, it is
designated within a Mixed Use / Commercial (MC) category on the Future Land
Use Map (FLUM) and within a Tier III district on the Tier Overlay District Map;
2. The Summerland Site, a sender site, 24930 Overseas Highway, Summerland Key, is
located within an Urban Residential Mobile Home (URM) Land Use (Zoning)
District. Further, it is designated within a Residential High (RH) category on the
Future Land Use Map (FLUM) and within a Tier III district on the Tier Overlay
District Map;
3. The Cudjoe Site, a sender site, 21585 Old State Road 4A, Cudjoe Key, is located
partially within Native Area (NA), Urban Residential Mobile Home (URM) and
Suburban Commercial (SC) Land Use (Zoning) Districts. Further, it is designated
partially within Residential Conservation (RC), Residential High (RH) and Mixed
Use / Commercial (MC) categories on the Future Land Use Map (FLUM) and within
a Tier III district on the Tier Overlay District Map;
4. The Stock Island Site, a sender site, 5176 Suncrest Road, Stock Island, is located
partially within Mixed Use (MU) and Native Area (NA) Land Use (Zoning)
Districts. Further, it is designated partially within Mixed Use / Commercial (MC)
Page 3 of 5 (BOCC Dec. 11, 2013)
Doc 1962037
Bk# 2663 PO 2051
and Residential Conservation (RC) categories on the Future Land Use Map (FLUM)
and within Tier I or III districts on the Tier Overlay District Map (affordable housing
would be located entirely within the Tier III portion of the site);
5. On July 30, 2013, the development agreement was reviewed by the Development
Review Committee;
6. The Monroe County Planning Commission held a public hearing at its meeting on
November 15, 2013, which was the first of two required public hearings, and
recommended approval to the Board of County Commissioners in Resolution P29-
13;
7. Florida Statutes § 163.3220 authorizes Monroe County to enter into development
agreements with landowners and/or governmental agencies to encourage a stronger
commitment to comprehensive and capital facilities planning, ensure the provision
of adequate public facilities for development, encourage the efficient use of
• resources, and reduce the economic cost of development; and
WHEREAS, based upon the information and documentation submitted, the Board of
County Commissioners makes the following Conclusions of Law:
1. The request is consistent with the provisions and intent of the Monroe County Code;
2. The request is consistent with the provisions and intent of the Monroe County Year
2010 Comprehensive Plan;
3. The request is consistent with the provisions and intent of the Lower Keys (MM 14.2
— 29.0) Livable CommuniKeys Plan;
4. The request is consistent with the Master Plan for the Future Development of Stock
Island and Key Haven, also known as the Stock Island/Key Haven CommuniKeys
Plan;
5. The request is consistent with the Principles for Guiding Development in
the Florida Keys Area of Critical State Concern;
6. The development agreement is required as part of an affordable housing incentive
program as set forth in §130-161.1 of the Monroe County Code and furthers the
provision of affordable housing in Monroe County;
7. The 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;
Page 4 of 5 (BOCC Dec. 11, 2013)
Docn 1962037
BIM 2663 PgU 2052
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the preceding Findings of
Fact and Conclusions of Law support its decision to APPROVE the proposed Development
Agreement between Monroe County; Summerland Palms Investors, LLC; Coco Palms
Developers, LLC; Suncrest Landing, LLC; Singh Investors, LLC; and Oceanside Investors, LLC.
PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS of
Monroe County, Florida, at a regular meeting held on the 11 of December , 2013.
Mayor Sylvia Murphy Yes
Mayor pro tem Danny L. Kolhage Yes
Commissioner Heather Carruthers Yes
Commissioner George Neugent Yes
Commissioner David Rice Yes
BOARD OF COUNTY COMMISSIONERS
'.� OF MONROE COUNTY, F ORIDA
,; ` �i
�1� BY ' /
A Mayor ylvia (urph
=- '71: = AMY HEAVILIN C Ii RK
4 os'
mill
c Y - tNf Ji` i I MI I.
D eputy Clerk
i
MON•OE C +UNTYATTORNEY
/ AP •OV DAS,TOFO;
1// AI..,�/
Date: �i.11 �11� d t ?
MONROE COUNTY
OFFICIAL RECORDS
Page 5 of 5 (BOCC Dec. 11, 2013)