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Resolution 031A-2020 9),4- MONROE COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS RESOLUTION NO.031A -2020 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS.APPROVING A DEVELOPMENT AGREEMENT BETWEEN MONROE COUNTY, FLORIDA AND WRECKERS CAY APARTMENTS AT STOCK ISLAND, LLC. THE REQUESTED AGREEMENT RELATES TO THE PROPOSED REDEVELOPMENT OF MOBILE HOME PARKS UP TO TWO HUNDRED EIGHTY (280) DEED-RESTRICTED AFFORDABLE DWELLING UNITS, AT A DENSITY OF 40 UNITS PER BUILDABLE ACRE. NO STRUCTURES WILL BE HIGHER THAN 38 FEET FROM GRADE, MECHANICAL EQUIPMENT AND ARCHITECTURAL FEATURES UTILIZED TO HIDE MECHANICAL EQUIPMENT, INCLUDING PARAPETS, MAY BE UP TO 44 FEET ABOVE GRADE, AND SUCH STRUCTURES MAY CONTAIN THREE (3) HABITABLE FLOORS. THE SUBJECT PROPERTY IS DESCRIBED AS A THREE PARCELS OF LAND IN SECTION 35, TOWNSHIP 67, RANGE 25, STOCK ISLAND, MONROE COUNTY, FLORIDA, HAVING PARCEL ID NUMBERS 00124540-0000,001.24550-000000 AND 00124560-000000. (FILE 2018-191) WHEREAS, during a regularly scheduled public meeting held on January 20, 2020 the Board of County Commissioners conducted a public hearing to review and consider a request Barton Smith, on behalf of Wreckers Cay Apartments at Stock Island, LLC, for a Development Agreement in accordance with Chapter 110, Article V, Sections 110-132 and 110-133 of the Monroe County Land Development Code (LDC) and Florida Statutes Sections 163.3220 et. seq., the"Florida Local Government Development Agreement Act"; and WHEREAS, the subject property is located at 5700 Laurel Avenue, 6125 Second Street, 6325 First Street, Stock Island, mile marker 5 (Atlantic Ocean side of US 1), and is described as a three parcels of land in Section 35,Township 67,Range 25,Stock Island,Monroe County,Florida, having Parcel ID Numbers 00124540-0000, 00124550-000000 and 00124560-000000; and WHEREAS,during a regularly scheduled public meeting held on November 18,2019 the Development Review Committee(DRC)of Monroe County conducted a review and consideration of a request filed by Barton Smith, on behalf of Wreckers Cay Apartments at Stock Island, LLC, for a Development Agreement in accordance with Chapter 110, Article V, Sections 110-132 and 110-133 of the Monroe County Land Development Code (LDC) and Florida Statutes Sections 163.3220 et. seq., the "Florida Local Government Development Agreement Act"; and Resolution 031A-2020 Page 1 of 3 File 2018-147 WHEREAS, during a regularly scheduled public meeting held on December 18,2019 the Planning Commission of Monroe County conducted a public hearing to review and consider a request of a request filed by Barton Smith,on behalf of Wreckers Cay Apartments at Stock Island, LLC,for a Development Agreement in accordance with Chapter 110,Article V,Sections 110-132 and 110-133 of the Monroe County Land Development Code(LDC) and Florida Statutes Sections 163.3220 et. seq., the"Florida Local Government Development Agreement Act"; and WHEREAS, the development agreement relates to the redevelopment of the Wrecker's Cay Property up to Two Hundred Eighty (280) deed-restricted affordable dwelling units at a density of 40 units per buildable acre. No structures higher than 38 feet from grade, mechanical with the exception of equipment and architectural features utilized to hide mechanical equipment, including parapets, may be up to 44 feet above grade, and such structures may contain three (3) habitable floors.; and WHEREAS, based upon the information and documentation submitted, the Board of County Commissioners makes the following Findings of Fact: 1. The subject property is located in the Urban Residential (UR)land use district; 2. The subject property has a Future Land Use Map (FLUM) designation of Residential High (RH); 3. The subject property has a tier designation of Tier III; 4. In 2020, WRECKERS CAY APARTMENTS AT STOCK ISLAND, LLC amended the Monroe County 2030 Comprehensive Plan amending Comprehensive Plan Policy 101.5.25 to allow for a density bonus for site-specific policies, creating Goal 111 and Objective 111.1 to incentivize affordable housing on Stock Island, creating Policy 111.1.1 Stock Island Workforce Subarea 1; establishing the boundary of the Stock Island Workforce Subarea 1; limiting the permitted uses of the subarea to deed restricted affordable housing dwelling units; establishing the maximum net density for affordable housing, height and off-street parking requirements in the subarea; and eliminating allocated density and floor area ratio 5. In 2020, WRECKERS CAY APARTMENTS AT STOCK ISLAND, LLC amended the Land Use District Map from Urban Residential Mobile Home (URM) to Urban Residential (UR); 6. 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. 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 Land Development Code; 2. The request is consistent with the provisions and intent of the Monroe County 2030 Comprehensive Plan; Resolution031A-2020 File#2018-147 Page 2 of 3 3. The request is consistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; 4. 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. 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 and Wreckers Cay Apartments at Stock Island, LLC. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 22nd day of January ,2020. Mayor Heather Carruthers Yes Mayor pro tem Michelle Coldiron Yes Commissioner Craig Cates Yes Commissioner Sylvia Murphy Yes Commissioner David Rice sf4r; N ,�;� By 4!,;!?' '1'^ � ` Ma or H er Carrutherszaf '- ; �•y VA';,;:c:'i:ii:4‘ \ \---.7; i:4-fil:i) N . S( EAL = 'i^ '"�ktit§T: KEVIN MADOK, CLERK oa'DPNUTY CLERK istON +♦♦♦ °o�TY AT y CV fit 4'.i4"r U ^�'``' �. � l.il. A3�l;tryyy':+ TY.!�T�'ttllt4'ie'1 Li_ '� CO `w- __N I U. N Resolution031A -2020 File#2018-147 Page 3 of 3 1 2 3 DEVELOPMENT AGREEMENT 4 5 THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into on the 22nd day 6 of January 2020, by and between Monroe County, Florida, a Political Subdivision of the State 7 of Florida ("Monroe County"), Wrecker's Cay Apartments at Stock Island, LLC, a Florida 8 limited liability company ("Wrecker's Cay") ( individually a "Party" and collectively, the 9 "Parties"), pursuant to Monroe County Comprehensive Plan Policy 111.1.1 and Sections 110-132 10 and 110-133 of the Monroe County, Florida, Code of Ordinances ("Monroe County Code"), and 11 the Florida Local Government Development Agreement Act, Florida Statutes Sections 163.3220- 12 163.3243 (2018), and is binding on the "Effective Date" set forth herein: 13 14 WITNESSETH: 15 16 The Parties hereby agree as follows: 17 18 I. RECITALS 19 20 A. This Agreement involves the redevelopment of property located at 5700 Laurel Avenue, Stock 21 Island, Florida, historically known as Water's Edge Colony Trailer Park ("Water's Edge"); 22 6125 Second Street, Stock Island, Florida, currently known as Tropic Palms Mobile Home 23 Park and historically known as Rolf's Trailer Park ("Tropic Palms"), and 6325 First Street, 24 Stock Island, Florida, historically known as Woodson's Trailer Park ("Woodson"). Water's 25 Edge,Tropic Palms, and Woodson are collectively referred to as the"Wrecker's Cay Property" 26 herein. 27 28 B. This Agreement involves the redevelopment of Wrecker's Cay Property as Two Hundred 29 Eighty(280) deed-restricted affordable dwelling units. The eighty(80) market rate permanent 30 Transferrable Residential Rate of Growth Ordinance Exemptions ("TREs") associated with the 31 Wrecker's Cay Property, as well as the eighteen (18) transient TREs associated with the 32 Wrecker's Cay Property and six hundred seventy-two (672) square feet of Nonresidential Rate 33 of Growth Ordinance ("NROGO") exempt floor area associated with the Wrecker's Cay 34 Property shall be available for transfer to an eligible receiver site(s) as specified in this 35 Agreement and per the Land Development Code and Comprehensive Plan. 36 37 C. All Parties have the authority to enter into this Agreement through Florida Statutes Chapter 38 163 and the sole and undivided ownership of the Wrecker's Cay Property. 39 40 D. Section 163.3220, Florida Statutes, authorizes Monroe County to enter into development 41 agreements with landowners and/or governmental agencies to encourage a stronger 42 commitment to comprehensive and capital facilities planning,ensure the provision of adequate 43 public facilities for development, encourage the efficient use of resources, and reduce the 44 economic cost of development. 00180864-v1 00122598-vii Page 1 of 20 1 E. This Agreement, among other things, is intended to and shall constitute a development 2 agreement among the Parties pursuant to the Florida Local Government Development 3 Agreement Act, Section 163.3223, et seq., Florida Statutes (the "Act"). 4 5 F. The Parties recognize that the public noticing and hearing procedures shall follow the 6 requirements of Section 163.3225, Florida Statutes, which requires the local government to 7 conduct two public hearings, one of which may be before the Planning Commission. 8 9 G. Monroe County finds that entering into this Agreement furthers the purposes, goals, objectives 10 and policies of the Monroe County Comprehensive Plan which contains goals and objectives 11 that seek to encourage the provision of affordable housing through incentive programs and 12 regulations (including but not limited to Goal 601, Objective 601.1, Objective 601.2 and 13 Objective 601.6). 14 15 H. Tropic Palms, 6125 Second Street, Stock Island, Florida is generally described as follows: 16 17 1. Wrecker's Cay owns that certain real property located at 6125 Second Street, Stock Island, 18 Florida ("Tropic Palms"). A copy of the Deed evidencing Wrecker's Cay's ownership is 19 attached hereto and incorporated herein as Exhibit 1. Historically and currently Tropic 20 Palms was and is being used as a Mobile Home/RV Park. 21 22 2. Tropic Palms is legally described as set forth in Exhibit 2, attached hereto and incorporated 23 herewith. 24 25 3. As of the date of this Agreement,Tropic Palms is assessed by the Monroe County Property 26 Appraiser as real estate number 00124560-000000. . 27 28 4. Tropic Palms currently has an Urban Residential Mobile Home ("URM") Land Use 29 (Zoning) District designation and a corresponding Residential High ("RH") Future Land 30 Use Map designation. A copy of the Land Use District Map and Future Land Use Map for 31 Tropic Palms is attached hereto and incorporated herein as Exhibit 3. 32 33 5. Tropic Palms currently has a Tier Overlay District designation of Tier III. 34 35 6. Tropic Palms consists of 1.89 acres, including 1.89 acres of upland and 0.00 acres of 36 submerged land. 37 38 7. On February 21, 2008, the Acting Monroe County Senior Director of Planning and 39 Environmental Resources issued a Letter of Development Rights Determination("LDRD") 40 providing that Tropic Palms is entitled to twenty-five (25) market rate permanent 41 residential dwelling unitst. A copy of the LDRD is attached hereto and incorporated herein • 'The February 21,2008 LDRD recognized twenty-five market rate residential units as lawfully established as a result of Administrative Interpretation No. 01-115, which provided that certain RV units were considered permanent residential units. Administrative Interpretation No. 01-115 has since been rescinded by Administrative Directive 2012-01, and the ten(10)RVs previously recognized as permanent residential units are now recognized as transient residential units. 00180864-v1 00122598-vii Page 2 of 20 1 as Exhibit 4. Tropic Palms is lawfully recognized with fifteen (15) permanent residential 2 units in the form of mobile homes, and ten (10) transient residential units in the form of 3 RVs. All twenty-five (25) units existing on Tropic Palms were developed prior to the 4 implementation of ROGO, and are deemed to be ROGO exempt. 5 6 8. Contemporaneously with the approval of this Agreement, Tropic Palms' Land Use 7 (Zoning) District has been approved for amendment by Monroe County from URM to UR. 8 9 I. Water's Edge, 5700 Laurel Avenue, Stock Island, Florida is generally described as follows: 10 11 1. Wrecker's Cay owns that certain real property located at 5700 Laurel Avenue,Stock Island, 12 Florida ("Water's Edge"). A copy of the Deed evidencing Wrecker's Cay's ownership is 13 attached hereto and incorporated herein as Exhibit 5. Historically and currently Water's 14 Edge was and is used as a Mobile Home/RV Park. 15 16 2. Water's Edge is legally described as set forth in Exhibit 6, attached hereto and incorporated 17 herein. 18 19 3. As of the date of this Agreement,Water's Edge is assessed by the Monroe County Property 20 Appraiser as real estate number 00124540-000000. 21 22 4. Water's Edge currently has an Urban Residential ("UR") Land Use (Zoning) District 23 designation and a Residential High ("RH") Future Land Use Map designation. A copy of 24 the Land Use District Map and Future Land Use Map for Water's Edge is attached hereto 25 and incorporated herein as Exhibit 7. 26 27 5. Water's Edge currently has a Tier Overlay District designation of Tier III. 28 29 6. Water's Edge consists of 6.65 acres, consisting of 3.18 upland acres and 3.47 submerged 30 acres. 31 32 7. On September 12, 2016, the Monroe County Senior Director of Planning and 33 Environmental Resources issued a LDRD providing that Water's Edge is entitled to fifty- 34 three (53) market rate residential Rate of Growth Ordinance (ROGO) exemptions; eight 35 (8)transient ROGO exemptions, and six hundred seventy-two(672)square feet of NROGO 36 exempt nonresidential floor area. The letter is attached hereto and incorporated herein as 37 Exhibit 8. 38 39 J. Woodson, 6325 First Street, Stock Island, Florida is generally described as follows: 40 41 1. Wrecker's Cay owns that certain real property located at 6325 First Street, Stock Island, 42 Florida ("Woodson"). A copy of the Deeds evidencing Wrecker's Cay's ownership is 43 attached hereto and incorporated herein as Composite Exhibit 9. Historically and currently 44 the Woodson was and is used as a Mobile Home Park. 45 46 00180864-vl 00122598-v11 Page 3 of 20 1 2. Woodson is legally described as set forth in Composite Exhibit 10, attached hereto and 2 incorporated herein. 3 4 3. As of the date of this Agreement, Woodson is assessed by the Monroe County Property 5 Appraiser as real estate numbers 00124550-000000 and 00124550-000100. 6 7 4. As of the date hereof,Woodson currently has an Urban Residential Mobile Home("URM") 8 Land Use (Zoning)District designation and a corresponding Residential High(RH)Future 9 Land Use Map designation. A copy of the Land Use District Map and Future 10 Land Use Map for Woodson is attached hereto and incorporated herein as Exhibit 11. 11 12 5. Woodson currently has a Tier Overlay District designation of Tier III. 13 14 6. Woodson consists of 3.29 acres, consisting of 1.79 upland acres and 1.50 submerged acres. 15 16 7. On March 13, 2012, the Monroe County Director of Planning and Environmental 17 Resources issued a Letter of Understanding providing that the Woodson Property is entitled 18 to twelve (12) Residential Rate of Growth Ordinance (ROGO) exemptions. The 19 letter is attached as Exhibit 12. 20 21 8. Contemporaneously with the approval of this Agreement, Woodson's Land Use (Zoning) 22 District has been approved for amendment by Monroe County from URM to UR. 23 24 K. Road Abandonments 25 26 1. Contemporaneously with this Agreement, Monroe County has approved the abandonment 27 of the Eastern most portion of Laurel Avenue of which Wrecker's Cay has obtained 28 .24 additional acres. 29 30 2. Contemporaneously with this Agreement, Monroe County has approved the abandonment 31 of the Eastern most portion of McDonald Avenue of which Wrecker's Cay has obtained 32 .65 additional acres. 33 34 3. Contemporaneously with this Agreement, Monroe County has approved the abandonment 35 of the Northern most portion of First Avenue of which Wrecker's Cay has obtained 36 .14 additional acres. 37 38 4. The Road Abandonments add 1.03 acres to the total upland acreage to the Wrecker's Cay 39 Property. 40 41 L. Laurel Avenue Spit 42 43 1. The State of Florida and Monroe County have confirmed they do not own the spit that is 44 adjacent to the Eastern End of Laurel Avenue. 45 00180864-vi 00122598-v11 Page 4 of 20 1 2. Wrecker's Cay owns the Spit of real property located at Laurel Avenue adjacent to the 2 Eastern End of Laurel Avenue, Stock Island, Florida ("Spit"). A copy of the Deed 3 evidencing Wrecker's Cay's ownership is attached hereto and incorporated herein as 4 Exhibit 13. 5 6 3. The Spit is legally described as set forth in Exhibit 14, attached hereto and incorporated 7 herein. 8 9 4. The Spit contains 1.21 acres. The total upland acreage of the property including the road 10 abandonments and Spit is equal to 9.1 acres as depicted on the small map and sketch 11 attached as Exhibit 15. 12 13 II. PURPOSE 14 15 A. The overall purpose of this Agreement is to allow the Parties to implement the provisions of 16 Monroe County Comprehensive Plan Policy 111.1.1 as applied to the Wrecker's Cay Property 17 in order to insure the continued provision of needed employee housing in the unincorporated 18 Lower Keys. 19 20 B. The Agreement allows the redevelopment of the Wrecker's Cay Property in compliance with 21 all applicable provisions of Florida Statutes, the Principles for Guiding Development in the 22 Florida Keys Area of Critical State Concern, the Monroe County Comprehensive Plan, the 23 Master Plan for the Future Development of Stock Island and Key Haven, and the Monroe 24 County Code. 25 26 C. The Agreement allows the Parties to implement the provisions of Monroe County 27 Comprehensive Plan Policy 111.1.1 as applied to the Wrecker's Cay Property in order to 28 supply needed affordable housing in the unincorporated Lower Keys and to allow for a 29 reasonable use of the Wrecker's Cay Property by allowing the transfer of market-rate 30 permanent residential TREs lawfully associated with the Wrecker's Cay Property. 31 32 D. Wrecker's Cay desires to transfer the TREs associated with Tropic Palms attributable to fifteen 33 (15) lawfully-established and recognized market-rate, permanent residential dwelling units 34 (the "Tropic Palms Market Rate TREs") and ten (10) lawfully-established and recognized 35 transient residential dwelling units (the "Tropic Palms Transient TREs") from Tropic Palms to 36 Wrecker's Cay for future transfer to and development upon an eligible receiver site(s). The 37 Parties hereto recognize that no transfer to a receiver site(s) or development of the TREs may 38 occur until fifteen (15) affordable residential dwelling units have commenced development 39 including, at a passing the first structural inspection. 40 41 E. This Agreement will allow for a reasonable use of Tropic Palms by allowing the transfer of 42 market rate TREs and transient TREs to an eligible receiver site(s),while assuring preservation 43 on the Wrecker's Cay Property of a number of residential dwelling units equivalent to the 44 number of Tropic Palms Market Rate TREs as employee housing. 45 46 00180864-v1 00122598-v11 Page 5 of 20 1 F. Wrecker's Cay desires to transfer the TREs associated with Water's Edge attributable to fifty- 2 three (53) lawfully-established and recognized market-rate, permanent residential dwelling 3 units (the "Water's Edge Market Rate TREs"), eight (8) lawfully-established and recognized 4 transient residential dwelling units (the"Water's Edge Transient TREs")to an eligible receiver 5 site. The Parties hereto recognize that no transfer to a receiver site(s) or development of the 6 Water's Edge Market Rate TREs may occur until fifty-three (53) affordable residential 7 dwelling units have commenced development including, at a passing the first structural 8 inspection. Water's Edge six hundred seventy-two (672) NROGO-exempt square feet (the 9 "Water's Edge NROGO") from Water's Edge shall be held by Wrecker's Cay for future 10 transfer to and development upon eligible receiver site(s). Transfer of the Water's Edge 11 NROGO shall be governed by Monroe County Code Section 138-50(j). 12 13 G. This Agreement will allow for a reasonable use of Water's Edge by allowing the transfer of 14 market-rate TREs, transient TREs, and NROGO to eligible receiver site(s), while assuring 15 preservation on the Wrecker's Cay Property of a number of residential dwelling units 16 equivalent to the number of Water's Edge Market Rate TREs as employee housing. 17 18 H. Wrecker's Cay desires to transfer the TREs attributable to twelve (12) lawfully-established 19 and recognized market-rate,permanent residential dwelling units from Woodson to an eligible 20 receiver site. The Parties hereto recognize that no transfer to a receiver site(s) or development 21 of the TREs or TDRs may occur until twelve (12) affordable residential dwelling units have 22 commenced development including, at a passing the first structural inspection. 23 24 I. This Agreement will allow for a reasonable use of Woodson by allowing the transfer of market- 25 rate TREs to an eligible receiver site, while assuring preservation on the Wrecker's Cay 26 Property of an equivalent number of residential dwelling units as affordable housing. 27 28 III. AGREEMENT REQUIREMENTS 29 30 A. Recitals. The recitals explaining the intent and purpose of the project as set forth in the 31 preceding clauses are incorporated herein and form a material part of this Agreement. 32 The Parties recognize the binding effect of Florida Statutes Sections 163.3220-163.3243, as to 33 the form and content of this Agreement and in accordance therewith set forth and agree to the 34 following. 35 36 B. Legal Description and Ownership. The legal descriptions for the Wrecker's Cay Property 37 subject to this Agreement are set forth in Exhibits 2, 6, 10, and 14. 38 39 C. Duration of Agreement. This Agreement shall remain in effect for five (5) years from the ' 40 "Effective Date" as defined herein, and may be extended by mutual consent of the Parties and 41 approval at a public hearing, in accordance with Section 163.3229, Florida Statutes. For the 42 duration of this Agreement, the Parties agree that any development shall comply with and be 43 controlled by this Agreement, the Monroe County Code, and the Monroe County 44 Comprehensive Plan governing the development of land in effect on the date of execution of 45 this Agreement, in accordance with Section 163.3220, Florida Statutes. 46 00180864-v1 00122598-v11 Page 6 of 20 1 D. Permitted Uses. 2 3 1. Wrecker's Cay Property, 5700 Laurel Avenue, Stock Island, Florida; 6125 Second Street, 4 Stock Island, Florida; 6325 First Street, Stock Island, Florida: 5 6 a. The Wrecker's Cay Property currently has a UR Land Use (Zoning) District 7 designation and a corresponding RH Future Land Use Map designation. 8 9 b. In accordance with this Agreement and with the RH Future Land Use Map category, 10 as set forth in Monroe County Comprehensive Plan Policy 101.5.4, the principal 11 purpose of the RH Future Land Use Map category is to provide for high density single- 12 family, multi-family, and institutional residential development, including mobile 13 homes and manufactured housing, located near employment centers. 14 15 c. In accordance with this Agreement and with the UR Land Use (Zoning) District, as set 16 forth in Monroe County Code Section 130-98,and in compliance with other provisions 17 of the Monroe County Code, the permitted uses in the UR Land Use (Zoning) District 18 include detached dwellings, attached dwelling units (as a minor conditional use), and 19 accessory uses. 20 21 d. Pursuant to Monroe County Comprehensive Plan Policy 111.1.1, the Wrecker's Cay 22 Property is located within the Stock Island Workforce Area 1. 23 24 e. In accordance with the provisions of Monroe County Comprehensive Plan Policy 25 111.1.1, and notwithstanding any other provisions of the Monroe County 26 Comprehensive Plan or Monroe County Code, (1) the Wrecker's Cay Property has a 27 maximum net density of forty (40) units per buildable acre, the development of which 28 shall not require transferrable development rights; (2) buildings that are voluntarily 29 elevated up to three (3) feet above base flood elevation may be three (3) habitable 30 floors; (3)parking requirements are one (1) parking space per efficiency, studio or one 31 bedroom unit, two (2) parking spaces per two bedroom unit, and three (3) parking 32 spaces per three bedroom unit; (4) nonresidential uses are prohibited, but accessory 33 uses to the residential development, such as a shoreside access facility associated with 34 an adjacent County-owned mooring field, club house or recreational facilities, are 35 permitted; (5) no market rate or transient residential units are allowed to be developed 36 or operated; and(6) all habitable buildings located within the 65—69 DNL(Day-Night 37 Average Sound Level) noise contour pursuant to the 2013 Navy Environmental Impact 38 Statement must be sound attenuated to 25 dB (DNL), however no portion of the 39 Wreckers Cay Property is within the 65 —69 DNL noise contour. 40 41 f. The redevelopment of the Wrecker's Cay Property includes the addition of up to two 42 hundred eighty (280) affordable residential dwelling units, and accessory uses. 43 44 g. The height of any new structure associated with the redevelopment of the Wrecker's 45 Cay Property shall not have any habitable floor area above 38 feet from grade, 46 mechanical equipment and architectural features utilized to hide mechanical 00180864-v1 00122598-v11 Page 7 of 20 1 equipment, including parapets, may be up to 44 feet above grade, and such structures 2 may contain three (3) habitable floors. For purposes of measuring height, grade shall 3 be 6.12 feet as depicted in the topographic survey attached as Exhibit 16. 4 5 E. Public Facilities. The impact on public facilities is nominal. The numbers of existing 6 residential dwelling units were recognized in the planning of the sewage treatment plant 7 serving Stock Island. 8 9 1. The Florida Keys Aqueduct Authority provides domestic potable water to the Wrecker's 10 Cay Property. Excluding existing development that may already be metered, the Florida 11 Keys Aqueduct Authority will individually meter each new affordable residential dwelling 12 unit. In addition, the Florida Keys Aqueduct Authority will meter accessory development 13 accordingly. 14 15 2. Keys Energy Services provides electric service to the Wrecker's Cay Property. 16 Keys Energy Services will individually meter each new affordable residential dwelling 17 unit. In addition, Keys Energy Services will meter accessory development accordingly. 18 19 3. Solid waste service is provided to the Wrecker's Cay Property by a solid waste collection 20 system franchised by Monroe County. 21 22 4. The Wrecker's Cay Property is connected to central sewer via KW Resort Utilities Corp.'s 23 system. 24 25 5. Based on preliminary traffic concurrency review, the proposed development is currently 26 within 5% below LOS C. In order to be in compliance with Monroe County 27 Comprehensive Plan Policies 301.1.1, 301.1.2, 301.2.2, 301.2.3 and 301.2.4 as well as 28 Land Development Code Sections 114-2(a)(1)a., b., and c., mitigation, or sufficient 29 evidence acceptable to Monroe County that the potential trip generation does not exceed 30 LOS C, must be provided prior to issuance of a building permit for the proposed 31 development. Mitigation may be in the form of specific improvements or proportioned 32 shared contribution towards improvements and strategies identified by the County, and/or 33 FDOT to address any level of service degradation beyond LOS C and/or deficiencies. The 34 applicant shall submit evidence of an agreement between the applicant and the FDOT for 35 inclusion in any contract or agreement for improvements to US 1. For roadway 36 improvements required, the applicant/owner may utilize the following, pursuant to Land 37 Development Code Section 114-2(b)(5)c.: 38 a. The necessary facilities and services are in place at the time a development permit is 39 issued; or 40 b. The necessary facilities and services are in place at the time a certificate of occupancy, 41 or its functional equivalent is issued. Prior to commencement of construction, the 42 applicant shall enter into a binding and legally enforceable commitment to the County 43 to assure construction or improvement of the facility; or 00180864-v1 00122598-v11 Page 8 of 20 1 c. A binding executed contract in place at the time a permit is issued which provides for 2 the commencement of the actual construction of the required facilities or provision of 3 services; or 4 d. An enforceable development agreement guaranteeing that the necessary facilities and 5 services will be in place with the issuance of a permit. An enforceable development 6 agreement may include, but is not limited to, development agreements pursuant to 7 section 163.3220, F.S., or an agreement or development order issued pursuant to 8 Chapter 380, F.S., or 9 e. A proportionate share contribution or construction that is sufficient to accomplish one 10 or more mobility improvement(s) that will benefit a regionally significant 11 transportation facility. A proposed proportionate fair-share mitigation shall be 12 reviewed pursuant to LDC Section 126-2. 13 14 F. Reservation or Dedication of Land. Wrecker's Cay shall provide Monroe County a 15 shoreside access facility open to the public, subject to reasonable rules and regulations and 16 hours, which shall provide, at a minimum dinghy dockage for a mooring field with up to forty 17 (40) mooring balls, dockside pumpout facility, trash/recycling receptacles, along with an area 18 to develop a minimum 400 square foot office/amenity building. Monroe County shall be 19 responsible for the cost of development and all costs of operations of the shoreside access 20 facility. The dockside facility identified on the Southeast corner of the Wrecker's Cay Property 21 is conditionally accepted to so long as the preceding requirements can be met. 22 23 G. Development Allowed. The following specific criteria are those which will guide 24 development of the Wrecker's Cay Property, and are standards by which any further approvals 25 shall be measured and shall be as follows: 26 27 a. The Wrecker's Cay Property consists of 9.1 acres of upland. There currently exist 28 eighty(80) market-rate residential dwelling units, eighteen (18) transient units, and six 29 hundred seventy-two (672) non-residential square feet of floor area. 30 31 b. Wrecker's Cay is permitted to transfer eighty (80) market-rate TREs and eighteen (18) 32 transient TREs to an eligible receiver site through a minor conditional use permit per 33 Monroe County Code Section 138-22, regardless of receiver site Land Use (Zoning) 34 District. The six hundred seventy-two (672) square feet of NROGO exempt 35 nonresidential floor area will be held by Wrecker's Cay for future transfer from the 36 Wrecker's Cay Property to an eligible receiver site(s). The market-rate TREs shall not 37 be developed on an eligible receiver site until Wrecker's Cay have commenced 38 development including passing the first structural inspection. Transfer of the eighteen 39 (18) transient TREs to an eligible receiver site(s) shall be governed by Monroe County 40 Code Section 138-22, and transfer of the six hundred seventy-two (672) NROGO- 41 exempt nonresidential square feet shall be governed by Monroe County Code Section 42 138-50(j). 43 44 c. Provided such development can be designed and approved by all applicable codes, 45 including but not limited to the Monroe County Code and Florida Building Code, 00180864-v1 00122598-v11 Page 9 of 20 1 Wrecker's Cay is permitted to develop the following buildings, facilities and structures 2 on the Wrecker's Cay pursuant to this Agreement: 3 4 i. Up to two hundred eighty (280) new attached, affordable residential dwelling 5 units deed restricted to employee housing. 6 7 ii. Accessory structures and uses, including a shoreside access facility consisting 8 of dinghy docks, dockside pump out facility and/or dockage for pump out 9 vessel, an office and amenities, and which also may include but shall not be 10 limited to swimming pool, clubhouse, and guardhouse. 11 12 iii. Parking areas and landscaping. 13 14 H. Deed Restrictions for Affordable Housing. The Wrecker's Cay Property shall have a single 15 deed-restriction for two hundred eighty (280) affordable housing units deed restricted to 16 employee housing and shall be recorded on all land described in Exhibits 2, 6, 10, and 14. The 17 income categories for the 280 units shall consist of One Hundred Twelve (112) moderate 18 income units, Ninety-eight (98) median income units, and Seventy (70) low income units. If 19 fewer than 280 units are built, the distribution of income categories for units built shall be 40% 20 moderate income, 35% median income, and 25% low income. 21 22 I. Affordability Compliance. 23 24 a. Affordable housing definitions. 25 26 i. Affordable housing means residential dwelling units that meet the following 27 requirements: 28 29 a. Meet all applicable requirements of the United States Department of Housing 30 and Urban Development minimum property standards as to room sizes, 31 fixtures, landscaping and building materials, when not in conflict with 32 applicable laws of Monroe County; and 33 34 b. A dwelling unit whose monthly rent, not including utilities, does not exceed 35 30 percent of that amount which represents either 50 percent (very low 36 income) or 80 percent (low income) or 100 percent (median income) or 120 37 percent(moderate income) of the monthly median adjusted household income 38 for the county. 39 40 ii. Affordable housing trust fund, means a trust fund established and maintained by the 41 county for the purpose of preserving existing and promoting creation of new 42 affordable and employee housing. Funds collected for and deposited in the trust 43 fund shall be used exclusively for purposes of creating, preserving or maintaining 44 affordable and employee housing in the Florida Keys. 45 00180864-vl 00122598-v11 Page 10 of 20 1 iii. Affordable rental housing, low income, means a dwelling unit whose monthly rent, 2 not including utilities, does not exceed 30 percent of the amount that represents 80 3 percent of the monthly median adjusted household income for the county. 4 5 iv. Affordable rental housing, median income, means a dwelling unit whose monthly 6 rent,not including utilities,does not exceed 30 percent of the amount that represents 7 100 percent of the monthly adjusted median household income for the county. 8 v. Affordable rental housing, moderate income, means a dwelling unit whose monthly 9 rent,not including utilities,does not exceed 30 percent of the amount that represents 10 120 percent of the monthly median adjusted household income for the county. 11 vi. Affordable rental housing, very low income, means a rental dwelling unit whose 12 monthly rent, not including utilities, does not exceed 30 percent of the amount that 13 represents 50 percent of the monthly median adjusted household income for the 14 county. 15 16 vii. Employee housing means an attached or detached dwelling unit that is intended to 17 serve as affordable, permanent housing for working households, which derive at 18 least 70 percent of their household income from gainful employment in the county 19 and meet the requirements for affordable housing as defined in this section and as 20 per section 130-161. 21 22 23 * * * * * * 24 25 viii. Median income, rental rates and qualifying incomes table, means eligibility 26 requirements compiled each year by the planning department based upon the 27 median annual household income published for the county on an annual basis by 28 the U.S. Department of Housing and Urban Development and similar information 29 for median and.moderate income levels from the Florida Housing Finance 30 Corporation. Affordable housing eligibility requirements for each household will 31 be based upon median annual household income adjusted by family size,as set forth 32 by the U.S. Department of Housing and Urban Development and the Florida 33 Housing Finance Corporation. The county shall rely upon this information to 34 determine maximum rental rates and maximum household incomes eligible for 35 affordable housing rental or purchase. 36 37 ix. Monthly median household income means the median annual household income for 38 the county divided by 12. 39 40 b. Requirements 41 42 i. Tourist housing use or vacation rental use of affordable or employee housing units 43 is prohibited. 44 45 ii. The parcel of land proposed for development of affordable or employee housing 46 shall only be located within a tier III designated area. 47 00180864-v1 00122598-v11 Page 11 of 20 1 iii. During occupancy of any affordable housing rental unit, not otherwise limited by 2 state or federal statute or rule concerning household income, a household's annual 3 income may increase to an amount not to exceed 140 percent of the median 4 household income for the county. If the income of the lessee exceeds this amount, 5 the tenant's occupancy shall terminate at the end of the existing lease term. The 6 maximum lease for any term shall,be three years or 36 months. 7 8 iv. Pursuant to Monroe County Code Section 139-1(a)(6)(i),when establishing a rental 9 amount, Monroe County shall assume family size as indicated in the table below. 10 This section shall not be used to establish the maximum number of individuals who 11 actually live in the unit. This table shall be used in conjunction with the eligibility 12 requirements created by Monroe County Code Section 101-1: Size of Unit Assumed Family Size Minimum Occupancy Efficiency (no separate) 1 1 One bedroom 2 1 Two bedroom 3 2 Three bedrooms 4 3 Four or more bedrooms 5 1 per bedroom 13 14 v. The income of eligible households shall be determined by counting only the first 15 and highest paid 40 hours of employment per week of each unrelated adult. For a 16 household containing adults related by marriage or a domestic partnership 17 registered with the county, only the highest 60 hours of the combined employment 18 hours shall be counted, which shall be considered to be 75 percent of the adjusted 19 gross income. The income of dependents regardless of age shall not be counted in 20 calculating a household's income. 21 22 c. At Monroe County's request, Wrecker's Cay, its successors and assigns, shall provide 23 Monroe County with an annual report demonstrating compliance with the eligibility 24 requirements of Monroe County Code Section 139-1. 25 26 J. Development and Affordable Housing Standards. The development standards shall be 27 determined by the application of the standards contained in the Monroe County 28 Comprehensive Plan and the Monroe County Code. Further, the following specific 29 standards shall apply to the development or deed restriction of the affordable housing units. 30 31 a. Neither tourist housing use nor vacation rental use of the affordable housing units 32 established on the Wrecker's Cay Property, or any other affordable housing resulting 33 from this Agreement shall be allowed. 34 35 b. Monroe County Code Comp. Plan Policy 111.1.1 provides the following requirements 36 for this Agreement: 00180864-v1 00122598-v11 Page 12 of 20 1 2 1. Notwithstanding the density standards set forth in Policy 101.5.25, the Maximum 3 Net Density of the Stock Island Workforce Subarea 1 shall be 280 affordable 4 dwelling units at a density of 40 dwelling units per buildable acre for property 5 within the UR zoning districts and shall not require transferable development rights. 6 7 2. There shall be no allocated or maximum net density standard available for market 8 rate dwelling units or transient units. 9 10 3. The maximum floor area ratio (FAR) for all nonresidential uses within the subarea 11 shall be zero. A shoreside support facility associated with a mooring field as an 12 accessory use associated with the Wreckers Cay project within the RH FLUM and 13 UR Zoning District. 14 15 4. The height of any new structure associated with the redevelopment of the 16 Wrecker's Cay Property shall not have any habitable floor area above 38 feet from 17 grade; mechanical equipment and architectural features utilized to hide mechanical 18 equipment, including parapets, may be up to 44 feet above grade; and such 19 structures may contain three (3) habitable floors. 20 21 22 5. Nonresidential uses shall be prohibited. Accessory uses to the residential 23 development, such as a club house or recreational facilities, are permitted. 24 A shoreside support facility associated with a mooring field as an accessory use 25 associated with the Wrecker's Cay project within the RH FLUM and UR Zoning 26 District is permitted. 27 28 6. All new residential units developed within the Stock Island Workforce Subarea 1 29 shall be subject to the ROGO permit allocation system. 30 31 7. The protest procedures set forth within Sec. 102-158(d)(8) are applicable to 32 applications submitted under this Policy 111.1.1. 33 34 8. A development agreement shall be required for any proposed development of an 35 affordable housing project within the Stock Island Workforce Subarea 1 to define 36 the income category distribution for the proposed development. 37 38 9. All new affordable units developed within the Stock Island Workforce Subarea 1 39 shall require occupants to derive at least seventy percent (70%) of their household 40 income from gainful employment in Monroe County. 41 42 10. The affordable dwelling units shall be rental units only. 43 44 c. For Monroe County to monitor receipt of the affordable housing ROGO allocations, 45 the Parties agree the Board of County Commissioners may approve the allocation 46 reservation by resolution concurrent with this development agreement. It is intended 00180864-vl 00122598-v11 Page 13 of 20 1 that the initial Resolution be consistent with Monroe County Code Section 138- 2 24(b)(4) as follows: 3 4 1. By a corresponding resolution, the Board of County Commissioners has reserved 5 One Hundred Twelve (112) moderate income affordable ROGO allocations, 6 Ninety-eight (98) median income affordable ROGO allocations, and Seventy (70) 7 low income affordable ROGO allocations for award to the Wrecker's Cay Property 8 which reservation shall be in effect for five (5) years from the effective date of this 9 agreement. 10 11 2. The Board of County Commissioners may, at its discretion,place conditions on any 12 reservation, as it deems appropriate. 13 14 d. Pursuant to Monroe County Code Section 139-1(f)(8),upon written agreement between 15 the Monroe County Planning Director and an eligible governmental or 16 nongovernmental entity, the Planning Director may authorize that entity to administer 17 the eligibility and compliance requirements for the Monroe County Planning 18 Department under (f)(3), (0(4), (f)(5) and (f)(6) of this section. Under such an 19 agreement, the eligible entity is authorized to qualify a potential renter of affordable 20 employee housing , and annually verify the employment and/or income eligibility of 21 tenants pursuant to (f)(2) of this section. The entity shall still be required to provide 22 the Monroe County Planning Department, by January 1 of each year, a written 23 certification verifying that tenants of each affordable employee housing meet the 24 applicable employment and income requirements of (0(2). The following 25 governmental and nongovernmental entities shall be eligible for this delegation of 26 authority: a) the county housing authority, not-for-profit community development 27 organizations, pursuant to Section 139-1(e), and other public entities established to 28 provide affordable housing; b) private developers or other nongovernmental 29 organizations participating in a federal/state housing financial assistance or tax credit 30 program or receiving some form of direct financial assistance from Monroe County; or 31 c) nongovernmental organizations approved by the Board of County Commissioners 32 as affordable housing providers. 33 34 Via this Agreement, the Board of County Commissioners has approved the Parties 35 of this Agreement (other than Monroe County), which are nongovernmental 36 organizations, as an affordable housing provider. Any qualifier chosen by the Parties 37 (other than Monroe County) shall be approved by the Planning Director in accordance 38 with (f)(8) of this section. 39 40 K. Site Plan Approval: The conceptual site plan is attached as Exhibit 17. 41 The development shall be consistent with all applicable codes, including but not limited to 42 the Monroe County Comprehensive Plan and Monroe County Land Development Code. 43 Following a review of compliance with such codes,the final site plan must be approved by 44 the Monroe County Planning Commission as a major conditional use permit. The Planning 45 Commission has final authority over the site plan and the site plan may be amended by the 46 Planning Commission. 00180864-v1 00122598-v11 Page 14 of 20 1 2 L. Finding of Consistency. By entering into this Agreement, Monroe County finds that the 3 development permitted or proposed herein is consistent with the Monroe County 4 Comprehensive Plan and Monroe County Code. 5 6 M. Breach, Amendment,Enforcement, and Termination. 7 8 a. Material Breach: A material breach by the Parties is the failure of any Party to comply 9 with the terms of this Agreement after Notice as provided herein. 10 11 b. Notice: Upon any Party's material breach of the terms and conditions of this 12 Agreement, the non-breaching Party shall serve written Notice of the breach upon the 13 breaching Party pursuant to the procedure established in this Agreement and shall 14 provide the opportunity, within ninety (90) days of the date such Notice is served, to 15 propose a method of fulfilling the Agreement's terms and conditions or curing the 16 breach. The breaching Party shall be provided an additional ninety (90) days to cure 17 the material breach or to negotiate an amendment to this Agreement within a reasonable 18 time, as mutually agreed to by the Parties. This Agreement is not subject to arbitration 19 and must be amended in accordance with the statutory requirements. 20 21 c. Amendment or Termination: The Parties hereto shall at all times adhere to the terms 22 and conditions of this Agreement. Amendment, termination, extension, or revocation 23 of this Agreement shall be made in accordance with the notification and procedural 24 requirements set forth herein. 25 26 i. Amendments to this Agreement shall subject Parties to the laws and policies in 27 effect at the time of the amendment only if the conditions of Section 163.3233(2), 28 Florida Statutes, are met. 29 30 ii. No modifications, extensions, amendments, or alterations of the terms or 31 conditions contained herein shall be effective unless contained in a written 32 document approved and executed by the Parties. 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 36 the requisite filing fee. Notice of public hearing shall be in accordance with 37 Monroe 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 44 as provided herein. 45 00180864-vl 00122598-v11 Page 15 of 20 1 ii. Monroe County, the other Parties, their successors or assigns, or any aggrieved 2 or any adversely affected person as defined in Section 163.3215(2), Florida 3 Statutes, may file an action for injunctive relief in the Circuit Court of Monroe 4 County to enforce the terms of this Agreement or to challenge compliance with 5 the 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 9 Agreement. 10 11 N. Binding Effect of Agreement. The covenants, agreements, and obligations herein contained, 12 except as herein otherwise specifically provided, shall extend to, bind and inure to the benefit 13 of the Parties hereto and their respective personal representatives,heirs,successors and assigns. 14 15 O. State and Federal Law. If State or Federal laws enacted after the effective date of this 16 Agreement preclude either Party'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 Laws. 18 19 P. Compliance with Other Laws. The failure of this Agreement to address a particular permit, 20 condition, term, or restriction shall not relieve the Parties of the necessity of complying with 21 the laws governing said permitting requirements, conditions, terms or restrictions. 22 23 Q. Reservation of Rights. This Agreement shall not affect any rights, which may have accrued 24 to any party to this Agreement under applicable law. The Parties reserve any and all such 25 rights. All approvals referenced in this Agreement are subordinate to compliance with all 26 applicable laws, codes, and land development regulations and permits, except to the extent 27 otherwise provided for in this Agreement. 28 29 R. No Permit. This Agreement is not and shall not be construed as a Development Permit, 30 Development Approval or authorization to commence development, nor shall it relieve the 31 Parties other than Monroe County of the obligations to obtain necessary Development 32 Approvals that are required under applicable law and under and pursuant to the terms of this 33 Agreement and Monroe County Code. 34 35 S. Good Faith; Further Assurances; No Cost. The Parties to this Agreement have negotiated 36 in good faith. It is the intent and agreement of the Parties that they shall cooperate with each 37 other in good faith to effectuate the purposes and intent of, and to satisfy their obligations 38 under, this Agreement in order to secure themselves the mutual benefits created under this 39 Agreement. The Parties agree to execute such further documents as may be reasonably 40 necessary to effectuate the provisions of this Agreement; provided that the foregoing shall in 41 no way be deemed to inhibit, restrict or require the exercise of Monroe County's police power 42 or actions of Monroe County when acting in a quasi-judicial capacity. Wherever in this 43 Agreement a provision requires cooperation, good faith or similar effort to be undertaken at no 44 cost to a party, the party co-operating, reviewing or undertaking the effort shall, nonetheless, 45 bear its cost of attendance at meetings,hearings, or proceedings and comment and/or execution 46 of documents, inclusive of the expense of its counsel. 00180864-vl 00122598-v11 Page 16 of 20 1 2 T. Successors and Assigns. This Agreement shall constitute a covenant running with the land, 3 which shall be binding upon the Parties hereto, their successors in interest, heirs, assigns, and 4 personal representatives. 5 6 U. Joint Preparation. This Agreement has been drafted with the participation of the Parties and 7 their counsel, and shall not be construed against any party on account of draftsmanship. The 8 captions of each article, section and subsection contained in this Agreement are fore ease of 9 reference only and shall not affect the interpretational meaning of this Agreement. Whenever 10 the term "included" is used in this Agreement, it shall mean that the included items, or terms 11 are included without limitation as to any other items or terms, which may fall within the listed 12 category. 13 14 V. Notices. All notices,demands,requests or replies provided for or permitted by this Agreement 15 shall be in writing and may be delivered by any one of the following methods: (a) by personal 16 delivery; (b) by deposit with the United States Postal Service as Certified or Registered mail, 17 return receipt requested, postage prepaid, to the addresses stated below; or (c) by deposit with 18 an overnight express delivery service with proof of receipt to the addresses stated below. 19 Notice shall be deemed effective upon receipt. For purposes of notice, demand, request, or 20 replies: 21 22 23 The address of Monroe County shall be: 24 25 County Administrator 26 1100 Simonton Street, 27 Room 2-205 28 Key West, Florida 33040 29 30 31 32 33 And a copy to: 34 35 Robert Shillinger, Esq. 36 County Attorney 37 PO Box 1026 38 Key West, Florida 33041 39 40 and 41 42 1111 12th Street, Suite 408 43 Key West, Florida 33040 44 45 The address of Wrecker's Cay shall be: 46 47 Victor Ballestas 00180864-v1 00122598-v11 Page 17 of 20 1 CIO Integra Investments, LLC 2 150 SE 2nd Ave, Suite 800 3 Miami, FL 33131 4 5 And a copy to: 6 7 Barton W. Smith, Esq. 8 Smith Hawks, P.L. 9 138 Simonton Street 10 Key West, Florida 33040 11 12 It is the responsibility of the Parties to promptly notify all other Parties of any change in 13 name or address for receipt of notice, demand, request, or replies. 14 15 W. Force Majeure. Any prevention, delay or stoppage due to strikes, lockouts, labor disputes, 16 acts of God, inability to obtain labor or materials or reasonable substitutes therefore, riot, civil 17 commotion, fire or other casualty and other causes beyond the reasonable control of the party 18 obligated to perform, excluding the financial inability of such party to perform and excluding 19 delays resulting from appeals or rehearing, shall excuse the performance by such party for a 20 period equal to any such period of prevention, delay or stoppage. In order to avail itself of this 21 force majeure provision, the party invoking the same shall provide the other party with a 22 written notice that shall consist of a recitation of all events that constitute force majeure events 23 under this Section, together with the beginning and ending dates of such events. 24 25 X. Construction. This Agreement shall be construed in accordance with the laws of the State of 26 Florida. The Parties to this Agreement have participated fully in the negotiation and 27 preparation hereof; and, accordingly, this Agreement shall not be more strictly construed 28 against any one of the Parties hereto. In construing this Agreement, the use of any gender shall 29 include every other and all genders, and captions and section and paragraph headings shall be 30 disregarded. All of the exhibits attached to this Agreement are incorporated in, and made a 31 part of, this Agreement. 32 Y. Omission. The Parties hereto recognize and agree that the failure of this Agreement to address 33 a particular permit, condition, terms or restriction shall not relieve either Party of the necessity 34 of complying with the law governing said permitting requirements, conditions, term, or 35 restriction notwithstanding any such omission. 36 37 Z. Jurisdiction and Governing Law. The Parties hereto agree that any and all suits or actions 38 at law shall be brought in Monroe County, Florida and no other jurisdiction. This Agreement 39 shall be construed and interpreted under the laws of the State of Florida. 40 41 AA.Attorney's Fees and Costs. The Parties agree that in the event any cause of action or 42 administrative proceeding is initiated or defended by any party relative to the enforcement or 43 interpretation of this Agreement,the prevailing party shall be entitled to reasonable attorney's 44 fees, court costs, as an award against the non-prevailing party, and shall include attorney's 45 fees, courts costs, in appellate proceedings. Mediation proceedings initiated and conducted 00180864-v1 00122598-v11 Page 18 of 20 1 pursuant to this Agreement greement shall be in accordance with the Florida Rules of Civil Procedure 2 and usual and customary procedures required by the circuit court of Monroe County. 3 4 BB.Time of Essence. Time shall be of the essence for each and every provision of this Agreement. 5 6 CC.Entire Agreement. This Agreement, together with the documents referenced herein, 7 constitute the entire agreement and understanding among the Parties with respect to the subject 8 matter hereof, and there are no other agreements, representations or warranties other than as 9 set forth herein. This Agreement may not be changed, altered or modified except by an 10 instrument in writing signed by the Party against whom enforcement of such change would be 11 sought and subject to the requirements for the amendment of development agreements in the 12 Act. 13 14 DD.Counterparts. This Agreement may be executed in one or more counterparts,and by different 15 Parties hereto in separate counterparts, each of which when executed shall be deemed to an 16 original but all which taken together constitute one and the same agreement. 17 18 EE. Recording. Monroe County shall record this Agreement with the Clerk of the Circuit Court 19 of Monroe County within fourteen(14)days following signature by all Parties. Wrecker's Cay 20 agrees that it shall be responsible for all recording fees and other related fees and costs related 21 to the recording and delivery of this Agreement as described in this section. The provisions 22 hereof shall remain in full force and effect during the term provided herein and shall be binding 23 upon all successors in interest to the Parties to this Agreement. 24 25 FF. Conflicting Resolutions. All resolutions or parts thereof in conflict with the provisions of this 26 Agreement and its resolution are hereby repealed to the extent of such conflict. 27 28 GG.Severability. If any part of this Agreement is contrary to, prohibited by, or deemed invalid 29 under any applicable law or regulation, such provisions shall be inapplicable and deemed 30 omitted to the extent so contrary, prohibited, or invalid; however, the remainder of the 31 Agreement shall not be invalidated thereby and shall be given full force and effect as if the 32 contrary,prohibited, or invalid provision was never a part hereof. 33 34 IV. Effective Date. The "Effective Date" of this Agreement shall be upon the abandonment of 35 Laurel Avenue, McDonald Avenue and First Avenue and subsequently'forty-five (45) days 36 after the duly signed and recorded Agreement is received by the Florida Department of 37 Economic Opportunity pursuant to Chapter 380, Florida Statutes, and if appealed, until the 38 appealed is resolved. 39 40 , 41 IN WITNESS WHEREOF, the Parties hereto have set their hands and seals on the day and year 42 below written. 43 44 WREC: - : ARTMENTS AT STOCK ISLAND,LLC 45 46 B . �d= -- 00180864-v1 00122598-v11 Page 19 of 20 _ FD FORRECORD ", I-, , . : . O lQ CO� V 01 VI ��4 W'hi� 1-� O'l0 00 •••! cd1 41. W N .1-* All 8 .21 o � o ag tmi t O. ® p7 co - ^ �,'°' '�1 .. s .rti C7 g• N 311 �O N WRECKER'S CAY APARTMENTS AT STOCK ISLAND,LLC DEVELOPMENT AGREEMENT EXHIBIT 1 This Instrument Prepared by: Frlai: 214946d d 1 02/2018 R 11:50A111 of MONROI COUNTY KEVIN MADOK Jennifer G.Sanchez,Esq. Sanchez&Ashby,P.A. 1223 White Street,Unit 104 01./02/2015 11:50AM Key West,FL 33040 DEED DOC STAMP CL: Krys $19,250.03 (305)293-0084 Parcel ID No.:00124560-000000. Clac..q 2149466 DIGS 21385 P9p 1490 GENERAL WARRANTY DEED d�, THIS GENERAL WARRANTY DEED is made and executed this ���(" day of December, 2017 by WESTGROUP TROPIC PALMS, LLC, a Florida limited liability company, having an address of 600 6th Street S., Kirkland, WA 98033 ("Grantor"), to WRECKERS CAY APARTMENTS AT STOCK ISLAND, LLC, a Delaware limited liability company, having an address of 150 SE 2nd Ave., Suite 800, Miami, FL 33131 ("Grantee"). • WITNES SETH: THAT Grantor,for and in consideration of thesum of Ten and No/100 Dollars($10.00), and other good and valuable consideration paid to Grantor by Grantee,the receipt of which is hereby acknowledged,by these presents does grant,bargain,sell and convey to Grantee,and its successors and assigns forever,that certain real property located in Monroe County,Florida and fully described as follows(the"Property"): Lots 1,2,3,4,5,6,7,8,9,10,16, 17,18, 19 and 20,Block 34,McDonald's. Nat of STOCK ISLAND, according to the Plat thereof, recorded in Plat Book 1,Page 55,of the Public Records of Monroe County,Florida. TOGETHER WITH all improvements,tenements,hereditaments and appurtenances thereto belonging or in any way appertaining to the Property. TO HAVE AND TO HOLD the foregoing in fee simple forever. SUBJECT TO:(1)taxes for the year 2018 and all subsequent years thereafter,and(2)all conditions,easements and restrictions of record,without hereby reimposing same. GRANTOR does hereby warrant the title to the Property and will defend the same against the lawful claims of all persons whomsoever. • 8281561-1 Lai:a 2149466 Skiff 2885 NA 1491 IN WITNESS WHEREOF1 . s for has executed and delivered this General Warranty Deed as of the day and year firs : •ove written. • WITNESS -. I GRANT /4;fe..e •��r'� �," ��r�=�.� WE GR 1 'TROPIC PALMS,LLC, Print Name: ,/,,�r�XZ-- a Florida limited liability company By:Noble House Associates,LLC, P ' tName: e a Delaware limited liability company, its Manager By:Colee Family Trust,u/t/d/December 30,1997,aWas" t trust 'ts Manager B . . Patrick R.Co ee,Trustee STATE OF WflcJtINGTD.J ) COUNTY OF g,gjG ) The foregoing instrument was acknowledged before me this jq day of December, 2017 by Patrick R.Colee,individually and as Trustee of the Colee Family Trust u/t/d December 30,1997,a Washington trust,as Manager of Noble House Associates,LLC,a Delaware limited liability company, as Manager of Westgroup Tropic Palms, LLC, a Florida limited liability company. He is personally known to me or has produced as identification. ♦♦♦ r.._ My commission expires:I Z/0`4I2,019 % SP GAR RRo e NOTARY PUBLIC,State of W \•sION F A• '. Print ame: ryte.Ussa C a .O so 'CARy �• r • \61440{ •r 8281561-1 MONROE COUNTY OFFICIAL RECORDS WRECKER'S CAY APARTMENTS AT STOCK ISLAND,LLC DEVELOPMENT AGREEMENT EXHIBIT 2 TROPIC PALMS, 6125 SECOND STREET, STOCK ISLAND,FLORIDA 33040 RE No.: 00124560-000000 LEGAL DESCRIPTION: Lots 1,2, 3,4, 5, 6, 7, 8, 9, 10, 16, 17, 18, 19 and 20,Block 34,McDonald's Plat of STOCK ISLAND, according to the Plat thereof, recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, Florida. WRECKER'S CAY APARTMENTS AT STOCK ISLAND,LLC DEVELOPMENT AGREEMENT EXHIBIT 3 aSt WRECKER'S CAY APARTMENTS AT STOCK ISLAND, LLC DEVELOPMENT AGREEMENT EXHIBIT 4 County of Monroe Growth Management Division Planning&Environmental Resources board of County Comntissionerq Mayor Charles"Sonny"McCoy.Dist.3 2798 Overseas Highway,Suite 410 .t; Mayor Pro Tern Mario Di Gennaro.Dist.4 Marathon.FL 33050 Dixie Spchar.Dist. I Voice: (305)289-2500 _ _ George Neugent.Dist.2 FAX: (305)289-2536 Sylvia J.Murphy,Dist.5 We strive to be caring,professional and fair February 21,2008 Adele V. Stones Stones&Cardenas 221 Simonton Street Key West. FL 33040 RE: LETTER OF DEVELOPMENT RIGHTS DETERMINATION FOR THE CLARENCE NEWMAN RESTATED REVOCABLE TRUST PROPERTY, LOCATED AT 6125 SECOND STREET,STOCK ISLAND, MILE MARKER 5 (OCEANSIDE)AND HAVING REAL ESTATE NUMBER 00124560.000000 Ms. Stones: This letter is in response to your request for a determination as to the number of dwelling units that may be rebuilt and exempt from the Residential Rate of Growth Ordinance (ROGO) on the above-described premises. I. Background Information The subject property, commonly known as Tropic Palms Mobile Home Park and f 'previously known as Rolfs Trailer Park, is located at 6125 Second Street on Stock Island. It is comprised of one (1) parcel, having Real Estate (RE) number 00124560.000000 and legally described as Block 34, Lots 1-10 & 16-20, Maloney Sub, ' Stock Island (PB 1-55). The aerial photograph to the right shows the • boundaries of the subject property (outlined , in blue). Subject Property,Clarence Newman Restated Revocable Trust Property Clarence Newman Restated Revocable Trust Property,Letter of Development Rights Determination Page I of 8 The property is within an Urban Residential Mobile Home Limited (URM-L) Land Use District and has a Future Land Use Map(FLUM)designation of Residential High(RH). A site visit was conducted by Planning & Environmental Resources Department Staff on December 14, 2007. Staff observed fifteen (15) mobile homes, ten (10) recreational vehicles (RVs)and several accessory structures. H. Residential Dwelling Units In the application, it is asserted that 25 to•26 dwelling units, in the forms of mobile homes and RVs, are lawfully-established and thereby exempt from the Residential Rate .of Growth Ordinance (ROGO)permit allocation system. As set forth in §9.5-4 of the Monroe County Code (MCC); a mobile home is a structure transportable in one or more sections which structure is 8 body feet or more in width and over 35 feet in length, which structure is built on an integral chassis and designed to be used as a dwelling when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems contained therein, including expandable recreational vehicles, known as "park models" designed and built as a permanent residence, the structure for which is 35 feet or less in length and in excess of 8 feet in width. As set forth in MCC §9.5-4, a recreational vehicle is a vehicle or portable structure built on a chassis and designed as a dwelling for travel, recreation or vacation for tenancies or less than six months; which has a transportable body width not exceeding 8 feet and a length not exceeding 35 feet;.and which does not qualify as mobile home;.and 1)the travel trailer or park trailer has been placed in a travel trailer park, campground or a storage yard; 2) the travel trailer or park trailer has current licenses required for highway travel; and 3)the travel trailer or park trailer is highway ready. This means that the travel trailer or park trailer is on its wheels or internal jacking system and attached to this site only by the quick disconnect-type utilities commonly used in campgrounds and trailer parks or by security devices. A mobile home and some types of RVs are considered types of dwelling units. As defined in MCC §9.5-4 (D-31), 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. Mobile homes are also considered permanent residential units. In addition, "park model" RVs and RVs that meet the criteria set forth in Administrative Interpretation No. 01-115, are considered permanent residential units. As defined in MCC §9.5-4 (P-4), 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 MCC §9.5-120.4(a), the ROGO shall not apply to the redevelopment, rehabilitation or replacement of any lawfully-established residential dwelling unit which 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 Clarence Newman Restated Revocable Trust Property.Letter of Development Rights Determination Page 2 of 8 dwelling units shall be entitled to one unit for each such unit lawfully-established. Administrative Interpretation 03-108 provides the criteria to be used by Staff to determine whether or not a residential unit was lawfully-established: (a) A permit or other official approval from the Division of Growth Management for the dwelling units: Original building permits for the existing mobile homes and RV spaces were not located for review. However, the building permit history for the property supports the existence of a mobile home/RV park on the property from the late 1970s to present. In order to view all of the building permits found for the property, with corresponding descriptions and dates of issuance,please refer to Attachment A. Five (5) building permits were found which authorized the replacements of mobile homes. However, no building permit clearly indicates the number of mobile homes on the property at any given time. (b) If a permit or other official approval from the Division of Growth Management is not available, the following information may be used to establish that a residential unit was lawfully-established: a. Aerial photos showing the structure in existence prior to 1986: Aerial photography from 1982 to 2006 confirms the continuous existence of a mobile home/RV park on the property. Aerial photography from 2006 indicates the presence of 25 mobile homes and/or RVs. However, due to a lack of clarity in the aerial photography prior to 2006 and the dense site layout of the mobile home/RV park, Staff could not use the available photography to accurately determine the number of mobile homes or RVs in existence at any given time prior to 2006. b. Monroe County property record card showing the existence of the unit prior to 1986: The Monroe County Property Appraiser assessed the property identified as RE 00124560.000000 from 1982 to 1983 under a property classification (PC) code of PC 02 (Mobile Home). In 1984,the PC code was changed to PC 00(Vacant Residential) and the property was assessed as PC 00 until 1986. In 1987, the PC code was changed to PC 01 (Single Family Residential). In 1988, the PC code was changed to PC 36 (Mobile Home Parks, Private Camping, Rec. Parks) and the property has been assessed as PC 36 until present. The 2007 Monroe County property record card for RE, 00124560.0000.00 shows a building value on the parcel from 1987 to 2005; however it currently attributes no buildings to the property. The 2007 property record card includes the appraiser notes: "no mobile homes in this park belong to the owners of the park, they are all privately owned, as of the date of this note [2006-1-12]. Tropic Palms Mobile Home Park f/k/a Clarence Newman Restated Revocable Trust Property,Letter of Development Rights Determination Page 3 of 8 Rolfs Trailer Park [has] 25 sites" and "parcel has many mobile homes. & RVs; interview with Torn Newman: he owns all [mobile homes] (but the one on the [property record card]) and the trust owns the land. He told me he has [mobile home] stickers for all units." Mobile homes and RVs finder separate ownership or not assessed as property by the Property Appraiser are not reflected as structures on the property record card. The 2006 property record card shows a building value on the parcel from 1987 to 2005 and currently attributed one (1) building to the property. The building is specified as"R1"and the year built was indicated as 1981. In addition to the 2007 and 2006 property record cards, property record cards from 1966 to 1978 indicate that there was a mobile home development on the property at those times. A written comment, dated December 16, 1966, states that 25 concrete slabs(9ft x 20ft)were in existence at that time. c. Utility records that show the residential use being served prior to 1986: The Applicant submitted a facsimile correspondence between Stones& Cardenas and City Electric System, dated January 24, 2007, which indicates that there are 25 meters for electric service on the property. The accounts were initiated between 1981 and 2001. However, no clarification is provided as to if multiple accounts are attributable to one "unit" and as to whether the dates provided are service initiation dates for a specific customer or initial installation dates for the meters. The Applicant submitted a facsimile correspondence between Stones & Cardenas and the Florida Keys Aqueduct Authority, dated January 24, 2007, which indicates that there is one(1)meter for water service on the property. d. Whether the residential use could have been a permitted use under the pre-1986 zoning of the property: Prior to 1986, the property was partially within a RU-3 district (Multiple Family Residence) and a BU-2 (Medium Business District). Mobile homes and RVS were prohibited in the RU-3 and BU-2 districts. However, according to the records reviewed, the mobile home/RV park appears to have been established at a time that would pre-date the adoption of the pre-1986 zoning ordinances. e. Occupational Licenses showing the use being served prior to 1986: Tropic Palms Mobile Home Park has a valid Monroe County occupational license for 2007 (Account Number 47144-0085103). The total number of mobile homes or lots is not specified. Clarence Newman Restated Revocable Trust Property, Letter of Development Rights Determination Page 4 of 8 A State of Florida Department of Business and Professional Regulation annual fee statement, dated October 1,2007, states that there are 25 units/lots on the property.. f. Other Supporting Information: The 1988 mobile home study indicates that ten (10) mobile homes, two (2) "permanent"RVs and two(2)RVs were observed on the property at that time. A boundary survey by R.E. Reese, P.A., dated March 31, 2001, shows 24 mobile home / RVs. The survey only shows structures and does not differentiate between mobile homes and RVs. The boundary survey was submitted with the development rights determination application and the building permit application for Building Permit 051-0330. A 25`1' mobile home/RV identified as "10" is drawn in by hand over the boundary survey in both applications. A copy of an application from 1999 to the State of Florida Department of Health for a mobile home park (identified as Rolfe's Trailer Park) indicates a total 26 mobile home/RV spaces. A State of Florida Department of Health mobile home, lodging, recreational vehicle park and recreational camp inspection report for Rolf's Trailer Park, dated September 14, 1998, indicates that there were 26 mobile home park permitted spaces and "N/A" RV permitted spaces on the property at that time. All 26 spaces were described as occupied. A 1980 Key West City Directory suggests that Rolfe's Trailer Park on Second Street consisted of 26 spaces at that time-lots 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 20, 21, 22, 24, 25, 32, 33, 34, 35 & 36. A 1987 Key West City Directory suggests that Rolfe's Trailer Park on Second Street consisted of 26 spaces at that time-lots 1, 2, 3, 4, 6, 7 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 20, 21, 22,24, 25, 32, 33,35 &36. However, lots 11, 24 and 25 were described as vacant. A State of Florida Department of Health operating permit (44-54-00026) for Tropic Palms Mobile Home Park, dated September 18, 2006, states that the property consisted of 25 mobile home spaces and 0 RV spaces. III.Lawful Determination Based on a review of the records, the Planning Department has determined twenty-five (25) permanent residential dwelling units are lawfully-established on the subject property. In the application, it is asserted that 25 or 26 mobile homes/RVs are lawful. Currently,there are 15 mobile homes and 10 RVs in existence. It appears that 26 mobile homes/RVs may have existed on the property at some time; however information contained within building permit applications and other records suggest the presence of no more than 25 mobile homes/RVs on the Clarence Newman Restated Revocable Trust Property,Letter of Development Rights Determination Page 5 of 8 property since at least 1990. As a result, only 25 mobile homes/RVs were included in the hurricane evacuation model (which is based on the 1990 census) and thereby exempt from the ROGO permit allocation system. Staff has found that the 15 mobile homes and 10 RVs are permanent residential units. Mobile homes, "park model" RVs, and RVs that meet the criteria set forth Administrative Interpretation No. 01-115 are considered permanent residential units. IV.Future Redevelopment On-Site For each residential unit replaced, the equivalent amount of existing dwelling units must be demolished or removed with a valid Monroe County Building Permit. Any redevelopment of the mobile home/RV park would be subject to the inclusionary housing provisions set forth in MCC §9.5-266(b). In general, if the mobile home park is redeveloped, 30 percent of the 25 lawfully-established dwelling units would have be redeveloped as deed- restricted affordable housing units,as provided for in MCC §9.5-266 and §9.5-4(A-5). Future Redevelopment On-Site As provided in MCC §9.5-268, notwithstanding the provisions of MCC §9.5-262 and §9.5-263, the owners of land upon which a lawfully-established dwelling unit or a mobile home, but not including transient residential units, exists shall be entitled to one (1)dwelling unit for each such unit in existence. Therefore, all of the lawfully-established mobile homes may be replaced on- site. Land Use Intensity: iNr Residential 1 unit/lot 15 platted lots 15 units 25 units 167% (Permanent) Pursuant to MCC §9.5-235.1, in the URM-L District, mobile homes and recreational vehicles as provided in Florida Statutes Chapter 513 are permitted use. Conventional dwelling units and transient use of recreational vehicles is not permitted in the URM & URM-L Districts. Therefore, the mobile homes may only be replaced with mobile homes or RVs as provided in Florida Statutes Chapter 513. The mobile homes and RVs spaces may not be used transiently. Future Redevelopment Off-Site The property owner may transfer existing, lawfully-established residential dwelling units to eligible receiver sites following a pre-application conference and the granting of conditional use approval: Clarence Newman Restated Revocable Trust Property,Letter of Development Rights Determination Page 6 of 8 a. Permanent Residential Dwelling Units: Pursuant to MCC §9.5-120.4(b), one (1)to 25 of the lawfully-established permanent residential dwelling units may be transferred off-site to an eligible receiver site as affordable housing. The sender and receiver sites must meet the criteria set forth in MCC §9.5-120.4(b). The new affordable housing dwelling unit must meet the requirements set forth in MCC §9.5-4(A-5). 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. You may appeal decisions set forth in this letter. If you choose to do so, please contact the Planning Commission Coordinator, Ms. Nicole Petrick, at (305) 289-2500 for the necessary forms and information. The appeal must be filed with the County Administrator, 1100 Simonton Street, Gato Building, Key West, FL 33040, within thirty(30)working days from the date of this letter. In addition, please submit a copy of your application to Ms. Petrick, Planning Commission Coordinator, Monroe County Planning & Environmental Resources Department, 2798 Overseas Hwy, Suite 410, Marathon, FL 33050. Sincerely, / —77--....- . 4'.°:016 Townsley S'hwa Acting Sr. Director of Planning& Environmental Resources Cc: Kathy Grasser, Planner Joseph Haberman, Principal Planner Clarence Newman Restated Revocable Trust Property,Letter of Development Rights Determination Page 7 of 8 Attachment A: Monroe County Building Permit History: 0444414-1101411014 - tfi . 21616 10/02/1970 Construct utility room 7 A598 09/12/1975 Rebuild meter center -- A729 11/05/1975 Extend service 15-18 A1331 06/02/1976 Trailer tie down 18 A4477 12/11/1978 Trailer tie-down&blocking A5058 04/02/1979 _ Replace mobile home 8-10 A5099 04/10/1979 Replace mobile home 3 A5427 06/14/1979 Trailer tie-down 10 A9904 11/16/1982 Trailer tie-down&electric meter box 14 A10139 1/27/1983 Construct addition to mobile home 34 A 10395 03/31/1983 Construct screened wood deck 3 A 10601 06/03/1983 Trailer tie-downs 23 A10948 09/29/1983 Relocate electric service 9& 10 AI2132 08/08/1984 Install wood fence 8-10 A12648 12/12/1984 Construct storage shed&install slab and wood fence 9 A16652 12/17/1986 Replace existinj wooden deck 8&9 941-0478 04/15/1994 Demolish carport 35 981-0345 04/14/1998 Repairs to mobile home -- -001-0083 10/16/2001 Replace mobile home 36 001-0503 02/08/2002 Re-roof mobile home 22 001-3049 07/06/2000 Replace 6 gang meter center -- 011-1021 06/13/2001 A-T-E construct covered porch 21 011-1381 05/11/2001 Re-roof mobile home -- 011-3768 10/05/200I Install wood fence 1 &35 011-3949 11/13/2001 Replace mobile home 20 021-0978 03/26/2002 _ Install wood fence -- 021-1862 05/16/2002 Demolish mobile home 6 021-2029 05/16/2002 Demolish mobile home 9 021-2555 07/12/2002 Construct slab 6 021-2556 07/12/2002 Construct slab 9 021-2557 07/12/2002 _Upgrade existing slab 15 021-3884 09/03/2002 Install 100 amp sub feed to new RV pedestal 6 021-4176 09/19/2002 Renew permit 001-0083 36 041-2995 06/25/2004 Miscellaneous electric improvements -- 051-0330 01/21/2005 _Demolish mobile home 32 051-0727 02/17/2005 Upgrade existing 60 amp service to 100 amp 32 051-0728 03/08/2005 Construct wood fence 1 &8-10 051-6847 01/05/2006 Remove fig tree -- 061-0152 08/24/2006 Demolish mobile home 7 061-5598 09/25/2006 Sewer tie in -- 071-0245 01/16/2007 Demolish all structures 4 071-1900 04/26/2007 Replace two 200 amp service -- Clarence Newman Restated Revocable Trust Property,Letter of Development Rights Determination Page 8 of 8 WRECKER'S CAY APARTMENTS AT STOCK ISLAND,LLC DEVELOPMENT AGREEMENT EXHIBIT 5 Dom:A 2151555 01/18/2018 3:57PMI Filed 8 Recorded in Official Records .of MIONROE COUNTY KEVIN MADOK This Instrument Prepared by: 01/:.8/2018 3:57PM DEED DOC STAMP CL: Krys $59,500.031 Jennifer G.Sanchez,Esq. Sanchez&Ashby,P.A. Cloi:q 2151555 1223 White Street,Unit 104 1:11t13 21387 Pgq 1867 Key West,FL 33040 (305)293-0084 Parcel ID No.:00124540-000000//1158666. GENERAL WARRANTY DEED THIS GENERAL WARRANTY DEED is made and executed this 17/day of January, 2018 by WATERS EDGE COLONY, INC., a Florida corporation, having an address of 2625 Gulfview Drive, Key West,FL 33040("Grantor"),to WRECKERS CAY APARTMENTS AT STOCK ISLAND, LLC, a Delaware limited liability company, having an address of 150 SE 2'd Ave.,Suite 800,Miami,FL 33131 ("Grantee"). WITNESSETH: THAT Grantor, for and in consideration of the sum of Ten and No/100 Dollars (S 10.00), and other good and valuable consideration paid to Grantor by Grantee, the receipt of which is hereby acknowledged,by these presents does grant, bargain, sell and convey to Grantee, and its successors and assigns forever,that certain real property located in Monroe County, Florida and fully described on Exhibit A attached hereto and incorporated herein (the"Property"), TOGETHER WITH all improvements,tenements,hereditaments and appurtenances thereto belonging or in any way appertaining to the Property. TO HAVE AND TO HOLD the foregoing in fee simple forever. SUBJECT TO: (1) taxes for the year 2018 and all subsequent years thereafter,and (2)all conditions,easements and restrictions of record,without hereby reimposing same. GRANTOR does hereby warrant the title to the Property and will defend the same against the lawful claims of all persons whomsoever. [signature page follows] 8281561-1 ':1u,:q 2131555 k,kl7 27387 POI 1868 IN WITNESS WHEREOF, Grantor has executed and delivered this General Warranty Deed as of the day and year first above written. WITNESSES: GRANTOR: __ WATERS EDGE COLONY,INC., P% II e: ii-A/ 22 _fi'l.Usd ti! J da Florida corporation (-- - .,) _, _ _______ By: (1:;?g/2'll-e-'2.-4-,----<.L.te:d.,f..e__,_ Print Na ( LLe• j%r , a i'v Name: q y,e,v,e C lip ei,_.- Title: Re'1 ite,,, — STATE OFr,..t 0 ) ) COUNTY OF thoL)Il ) The foregoing instrument was acknowledged before me this ( 2-day of January, 2018 by eP.,rve 0 e-✓s (r_ /co4 ,... , as trzsi of Waters Edge Colony, Inc., a Florida corporation. He/she is pei ovally known to me or has produced as if en i Ica ,n. My commis '.n expires: if TARY PUBLIC, State of Print Na.• e: Jawaxu8ONuW Caeakdoo/FF973797 •°�..„. Eck's. flyi19, 0 '4'+�, -r Wed illwn lF+llranr *X41 m1 8281561-1 I o:U 2151555 tlkla 2887 PO 1869 EXHIBIT A Legal Description The Parcel of land herein described is located on Stock Island, Monroe County, Florida and is Block 32 according to plat entitled "All Lots 1, 2, 3, 5, 6, Section 35; Lot 2,Section 36; Lot 3, Section 26; Lot 2, Section 34; Stock Island,Township 67 South, Range 25 East recorded in Plat Book 1, at Page 55, of Monroe County Official Records and is more particularly described as follows: Begin at the intersection of the North line of MacDonald Avenue and the East line of Second Street; thence North along the said East line of Second Street a distance of 250 feet to a point in the South line of East Laurel Avenue; thence at right angles and Easterly along the said South line of East Laurel Avenue &distance of 360 feet to the shoreline of Boca Chica Channel; thence Southerly and Easterly along the meanders of said shoreline a distance of 360 feet; more or less, to a point of intersection with the said North line of MacDonald Avenue; thence Westerly along the North line of MacDonald Avenue a distance of 620 feet back to the Point of Beginning. TOGETHER with the improvements situate thereupon. TOGETHER with any and all riparian rights to the same belonging or in anywise appertaining, said premises also being described as follows: Lots 1 to 7, both Inclusive, and Lots 11 to 21, both inclusive, Block 32, MCDONALD'S PLAT, Stock Island, according to the Plat thereof, recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, Florida. ALSO: A parcel of submerged land in Boca Chica Channel adjacent to Government Lot 2, Section 35, Township 67 South, Range 25 East, Stock Island, Monroe County, Florida, and more particularly described as follows: From the Northwest corner of Block 32, according to plat entitled "All Lots 1, 2, 3, 5, 6, SEC. 35, LOT 2, SEC. 36, LOT 3, SEC. 26, LOT 2, SEC. 34, STOCK ISLAND,TOWNSHIP 67 S., RANGE 25 E.", as recorded in Plat Book 1, Page 55, Official Records of Monroe County, Florida, go Easterly along the North line of said Block 32 a distance of 360 feet, more or less, to a point on the shoreline of ' Boca Chica Channel, which is the point of beginning; thence continue Easterly along the same line extended into the waters of Boca Chica Channel a distance of 800 feet to a point; thence at right angles and Southerly a distance of 250 feet to a point in the South line of said Block 32 extended; thence at right angles and Westerly along said South line extended a distance of 540 feet, more or less, back to the shoreline; thence meander the shoreline in a Northwesterly direction a distance of 370 feet, more or less, back to the point of beginning. pI0WR01 COUNTY OFFICIAL RECORDS 8281561-1 WRECKER'S CAY APARTMENTS AT STOCK ISLAND,LLC DEVELOPMENT AGREEMENT EXHIBIT 6 WATER'S EDGE, 5700 LAUREL AVENUE, STOCK ISLAND,FLORIDA 33040 RE No.: 00124540-000000 • LEGAL DESCRIPTION The Parcel of land herein described is located on Stock Island, Monroe County, Florida and is Block 32 according to plat entitled "All Lots 1, 2, 3, 5, 6, Section 35; Lot 2, Section 36; Lot 3, Section 26; Lot 2, Section 34;Stock Island,Township 67 South,Range 25 East recorded in Plat Book 1,at Page 55,of Monroe County Official Records and is more particularly described as follows: Begin at the intersection of the North line of MacDonald Avenue and the East line of Second Street;thence North along the said East line of Second Street a distance of 250 feet to a point in the South line of East Laurel Avenue; thence at right angles and Easterly along the said South line of East Laurel Avenue & distance of 360 feet to the shoreline of Boca Chica Channel; thence Southerly and Easterly along the meanders of said shoreline a distance of 360 feet;more or less,to a point of intersection with the said North line of MacDonald Avenue; thence Westerly along the North line of MacDonald Avenue a distance of 620 feet back to the Point of Beginning. TOGETHER with the improvements situate thereupon. TOGETHER with any and all riparian rights to the same belonging or in anywise appertaining, said pre mises also being described as follows: Lots 1 to 7, both Inclusive, and Lots 11 to 21, both inclusive, Block 32, MCDONALD'S PLAT, Stock Island, according to the Plat thereof, recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, Florida. ALSO: A parcel of submerged land in Boca Chica Channel adjacent to Government Lot 2, Section 35, Township 67 South,Range 25 East,Stock Island,Monroe County,Florida,and more particularly described as follows: From the Northwest corner of Block 32, according to plat entitled "All Lots 1,2, 3, 5, 6, SEC. 35, LOT 2, SEC. 36, LOT 3, SEC. 26, LOT 2, SEC. 34, STOCK ISLAND, TOWNSHIP 67 S., RANGE 25 E.", as recorded in Plat Book 1,Page 55,Official Records of Monroe County,Florida,go Easterly along the North line of said Block 32 a distance of 360 feet,more or less,to a point on the shoreline of Boca Chica Channel, which is the point of beginning; thence continue Easterly along the same line extended into the waters of Boca Chica Channel a distance of 800 feet to a point;thence at right angles and Southerly a distance of 250 feet to a point in the South line of said Block 32 extended;thence at right angles and Westerly along said South line extended a distance of 540 feet,more or less,back to the shoreline;thence meander the shoreline "in a Northwesterly direction a distance of 370 feet,more or less,back to the point of beginning. 00176387-v1 1 WRECKER'S CAY APARTMENTS AT STOCK ISLAND,LLC DEVELOPMENT AGREEMENT EXHIBIT 7 W L • 01 A • • WRECKER'S CAY APARTMENTS AT STOCK ISLAND, LLC DEVELOPMENT AGREEMENT EXHIBIT 8 County of Monroe Growth Management Division Planning&Environmental Resources 7 1% Board of County Commissioners Department - Mayor Heather Carruthers,District 3 2798 Overseas Highway,Suite 410 / ' is Mayor Pro Tern,George Neugent,District 2 Marathon,FL 33050 i{. -:a ,. o Danny Kolhage,District 1 Voice: (305)289-2500 \3 —" x David Rice,District 4 FAX: (305)289-2536 Sylvia J.Murphy,District 5 September 12,2016 Owen Trepanier Owen Trepanier&Associates,Inc. 1421 lst Street#101 Key West,FL 33040 RE: LETTER OF DEVELOPMENT RIGHTS DETERMINATION FOR THE WATERS EDGE COLONY, INC. PROPERTY, COMMONLY KNOWN AS WATERS EDGE COLONY TRAILER PARK,5700 LAUREL AVE,STOCK ISLAND, ON PROPERTY CURRENTLY HAVING REAL ESTATE NUMBER 00124540-000000. Mr.Trepanier, This letter is in response to your request for a determination as to the number of permanent dwelling units and non-residential floor area that were lawfully established and thereby exempt from the Residential Rate of Growth Ordinance (ROGO) and Nonresidential Rate of Growth Ordinance (NROGO) permit allocation system on the above-described premises. Background Information: The property is comprised of a single parcel of land, currently assessed as real estate (RE) #00124540- 000000.The current legal description is Block 32,Lots 1-7 and 11-21 and adjacent bay bottom,Maloney Subdivision(Plat Book 1,Page 55). The property is located at 5700 Laurel Ave on Stock Island, at approximate mile marker 5 on the Atlantic Ocean side of the Overseas Highway (US 1). The existing development consists of mobile homes and recreational vehicles and is commonly known as Waters Edge Colony Trailer Park. The following aerial photograph shows the boundaries of the property and the immediate area: Waters Edge Colony Trailer Park(Stock Island),LDRD(File#2016-119) Page 1 of 10 .s r F ',,` a 4 Sc ' Sar6l - —' x O'JR$` i' v v zY •'�ryi �. mu C' � yam. _ uI`mpr I` IL Or V � ,f ii t = .,,��W l 3 s' ls !c.,-'sum P --4 ,, -, . ,m •a;6 um , is - •- .. - ST_ AVE _ - - • ji ' 4' � q--- , fir. F +.e ., CT r..s r r - e _ --a:4-- s.4.* . " z...‘ 4_IIgpi C _ , b: t A ' .,,- - lam'" r ,., ..., . .>. o ' 1.1?9 Subject Property with Land Use District Overlaid(Aerial dated 2015) The property is located within the Urban Residential (UR) Land Use (Zoning) District. The property is designated within the Residential High(RH) category on the Future Land Use Map (FLUM). Residential Dwelling Units: As defined in Monroe County Land Development Code(LDC)Section 101-1: Dwelling unit means one (1) or more rooms physically arranged to create a housekeeping establishment for occupancy by one(1) family with separate toilet facilities. Permanent residential unit means 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. Transient residential unit means a dwelling unit used for transient housing such as hotel or motel room,seasonal residential unit,or space for parking a recreational vehicle or travel trailer. Waters Edge Colony Trailer Park(Stock Island),LDRD(File#2016-119) Page 2 of 10 Based on the aforementioned definitions, a mobile home is a type of permanent residential unit and a recreational vehicle (RV) is a type of transient residential unit. Pursuant to (LDC) Section 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 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: a. Any issued Monroe County building permit(s) supporting the existence of the structure(s) and its use(s)on or about July 13, 1992: The following issued building permits are on file with RE #00124540-000000 in the Building Department's records: Permit# Year Unit/Space Description Issued _ A12153 8/14/1984 13 Tie Down for Insurance Purposes A17025 3/3/1987 I Trailer Replacement&Fence A18592 8/26/1987 41 Mobile Home Replacement A187 3/24/1975 67 Electrical Sub Feed A1905 1/12/1977 34 Repair to existing service A1906 1/12/1977 33 Install 60 AMP Sub Feed A1907 1/12/1977 n/s Install 60 AMP Sub Feed A2I48 3/17/1977 14 Install 1-100 AMP Sub Feed& 1-3 HP AC A4095 8/28/1978 45 TTD &Blocking for Insurance Purposes A5985 11/5/1979 14 Construct Screen Porch A6159 12/28/1979 46 Trailer Tie Down for Insurance Purposes A7019 7/16/1980 F Trailer Tie Down A7104 8/6/1980 12 Tie Down/Mobile Home A7974 3/16/1981 46 TTD Inspection for Insurance A8186 4/24/1981 47 Refeed Meter Can with new Wire in Riser A8221 4/30/1981 n/s Chain Link Fence A9021 12/29/1981 11 Mobile Home Set Up A9022 12/29/1981 43 Mobile Home Set Up A9139 2/2/1982 MHP Removal of Spoil Bank A9555 7/1/1982 12 Trailer Tie Down 00104049 9/15/2000 70 Electric 01103099 8/15/2001 16 Electric 03104008 10/7/2003 6 Demo 03105428 6/16/2004 30 Porch Screen Waters Edge Colony Trailer Park(Stock Island),LDRD(File#2016-119) Page 3 of 10 04102157 5/7/2004 70 Demo 05101177 3/10/2005 8,9,28,29 Electrical Walk Thru 05102006 4/22/2005 32 Demo 05105348 10/3/2005 43 Electrical Walk Thru 05106524 12/5/2005 33 Roofing Walk Thru 06.100259 1/11/2006 32 Electrical Walk Thru 06104905 8/10/2006 45 Demo 06104909 8/10/2006 E Demo 07101802 4/26/2007 MHP Plumbing-Sewer Lateral To 63 Trailers • 08102106 6/5/2008 48-69 Electrical Walk Thru 08103199 9/4/2008 45,46,65,66 Electrical Walk Thru 10102805 6/9/2010 29 Building Miscellaneous-ATF 11103911 Not Issued 62 Demo Walk-Thru 11104960 10/7/2011 11,12,13,14 Electrical Walk Thru 12101318 4/10/2012 G Demo RV 12102947 7/11/2012 2,3,4,22,23 Electric 12104389 10/24/2012 n/s Demo RV 13100878 3/20/2013 49,50 Electric 19974 1/13/1970 41 Shed 25204 1/12/1972 MHP Sewage Line 30674 7/19/1973 70, 100 AMP service 34348 11/13/1974 70 Electric 87100921 12/1/1,987 41 Mobile Home Replacement 88100900 5/13/1988 1 Electric-For 4 Mobile Homes 88102276 11/23/1988 20 Building Miscellaneous 89100320 2/9/1989 MHP Dock/Docking Facility ATF 89102014 8/30/1989 1,2,19,20 Electric 90101294 7/26/1990 n/s Electric 9036 5/10/1965 1-7&13-20 Electric 91102640 4/23/1991 I Interior Renovations 91102905 6/5/1991 48 Electric 92105197 9/22/1992 42 Electric 92105210 10/27/1992 22 Building Miscellaneous 92105311 10/27/1992 11 Interior Renovations 92105353 11/23/1992 43 Mobile Home Replacement 92105389 12/9/1992 MHP Sewage Treat Plant-Commercial-552 Sf Slab&S.T.P. 92105408 11/23/1992 n/s Fence 93105953 4/7/1993 MHP Plumbing 94101486 1/12/1995 7 Roofing Residential 94101496 Not Issued 46 Roofing-Residential 96101204 8/22/1996 63 Roofing-Residential 96101592 10/29/1996 I Fence 97100507 4/3/1997 1 Demo Waters Edge Colony Trailer Park(Stock Island),LDRD(File#2016-119) Page 4 of 10 97101403 9/17/1997 69 Shed ATF 97101404 9/17/1997 69 Fence 99101301 Not Issued 9 Mobile Home Replacement MHP-Scope of work applies to the park as a whole,not a specific unit n/s-Not Specified;The permit and application does not indicate a unit/space number b. Documentation from the Monroe County Property Appraiser's Office indicating residential use on or about July 13, 1992: The Property Appraiser currently assesses the property under a property classification code of 28-Parking Lots, Mobile Home Parks,their records indicate that residential and non-residential units have been on the tax roll from 1988 to 2015. Twenty (20) residential units and one (1) nonresidential unit are currently attributed to the property. The following table list the units currently attributed to the property. Building# Year built Building type 1 1980 R1 2 1980 Non-residential 8 1973 R1 12 1965 R1 16 1959 R1 24 1960 RI 26 1965 RI 28 1969 RI 30 1964 R1 34 1965 RI 36 1965 RI 41 1965 R1 44 1966 RI 47 1962 R1 61 1965 RI 64 1965 R1 65 1960 R1 68 1965 R1 70 1965 RI 69A 1965 RI 69B 1965 R1 Note:these are units owned by the property owner, some units are privately owned and therefore not included on the property record card. R1 includes(1) 3-fixture bath and 1 kitchen. c. Aerial photographs and original dated photographs showing the structure(s) existed on or about July 13, 1992: Aerial photography from 1959 to 2015 confirms the continuous existence of structures on the property. Aerial photography can only confirm the number of structures, not the use or number of dwelling units, in Waters Edge Colony Trailer Park(Stock Island),LDRD(File#2016-119) Page 5 of 10 existence at any given time. Further, from the aerial photography, it cannot be determined with certainty a) if a given structure was a RV, mobile home or another type of structure or vehicle and b) if a given RV is being inhabited or stored. d. Residential county directory entries on or about July 13, 1992: Residential county directory entries were reviewed with no relevant information found. e. Rental, occupancy or lease records, on or about July 13, 1992, indicating the number, type and term of the rental or occupancy: No occupancy or lease records were provided by the applicant for review. f. State and/or County licenses, on or about July 13, 1992, indicating the number and types of rental units: A Monroe County Occupational License, #105490, with an expiration date of September 30, 1993 was provided by the applicant. g. 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: A letter from Keys Energy Service dated August 11, 2016, states that service has been provided to the property since June 9, 1969. In addition, service records were provided by the applicant, the following table lists the lots that received service. Lot# Date service Lot# Date service was Lot# Date service was was initiated initiated initiated 1 9/9/1982 22 _ 11/4/1980 45 2/24/1984 2 5/2/1980 23 4/7/1980 46 10/27/1980 3 10/20/1980 24 10/15/1965 47 10/13/1981 4 10/28/1980 25 3/17/1994 48 2/11/1980 5 1/21/1980 26 11/19/1982 49 9/19/1980 6 5/21/1980 27 2/5/1980 50 9/19/1980 7 10/28/1980 28 4/22/1981 61 3/31/1980 8 10/15/1963 29 2/21/1980 62 9/19/1984 9 6/17/1980 30 2/15/1980 63 4/10/1981 10 8/12/1980 31 11/6/1981 64 7/22/1980 11 10/14/1980 32 1/4/1980 65 9/11/1980 12 7/6/1982 33 6/13/1980 66 10/15/1965 13 4/8/1981 34 6/12/1981 67 11/2/1981 14 7/22/1982 35 9/11/1980 68 8/26/1994 15 1/4/1983 41 5/22/1987 69A _ 8/27/1993 16 8/18/1980 42 12/8/1993 70 2/10/1970 20 1/8/1980 43 _ 12/28/1992 E 4/6/2000 ~21 8/4/1980 44 5/16/1980 Waters Edge Colony Trailer Park(Stock Island),LDRD(File#2016-119) Page 6 of 10 h. Similar supporting documentation not listed above as determined suitable by the planning director(as found in Planning &Environmental Resources Department files and provided by the applicant): A 1987 site plan of Waters Edge Colony Trailer Park was provided to Planning Department staff in the application for a Letter of Development Rights Determination. The site` plan shows the development as having 61 lots, 1 building, and a sewage treatment area..The site plan was part of an approved August 12, 1987, mobile home park prospectus filing (Section 723.011(1), F.S.) for the Waters Edge Colony Mobile Home Park. The prospectus was approved by the State of Florida Department of Business Regulation. May 27, 1987 park owner prospectus filing statement included that there were 52 occupied mobile home lots and that 52 mobile home lots were permitted by HRS operating permit#44-058-87. 1988 Monroe County Mobile Home: the mobile home study indicates 50 mobile homes, 1 recreational vehicle, and 1 "other" structure. The 1 "other" structure indicated on the mobile home study is consistent with and described as "building 2" on the Property Appraiser Record card. A Letter of Understanding written by Planning Department staff, dated February 15, 2005, determined 53 lawfully established permanent dwelling units, and 8 lawfully established transient units. The 2005 LOU indicates this information was based on the 1988 Mobile Home Study indicating 50 mobile homes, 1 recreational vehicle, and 1 "other" building, the Monroe County List of RV Parks (1992) finding 52 mobile homes and 9 recreational vehicles; (permit #A-7019 issued 7/16/80 reclassified the unit as permanent), and State of Florida Department of Health permit # 44-058-88 with inspection date 1/26/88 found 52 mobile homes and 9 recreational vehicles. A Letter of Understanding written by Planning Department staff, dated January 4, 2007, which included "The LOU dated February 15., 2005 asserted that sixty-one (61) units were lawfully established on the property, fifty-three (53) of which were permanent dwelling units, and eight (8) of which were transient residential units." Nonresidential Floor Area: In the application, the applicant states that 2,000 square feet of building (non-residential) floor area, was lawfully established on the property and thereby exempt from the Non-residential rate of Growth Ordinance (NROGO). As defined in LDC Section 138-47: Nonresidential floor area means the sum of the total floor area for a nonresidential building or structure, as defined in section 101-1. Additionally, covered and unenclosed boat racks with three or fewer sides not associated with retail sales of boats are not considered nonresidential floor area. Further, the term "nonresidential floor area" does not include space occupied by residential uses, including spaces occupied by a transient residential unit and an institutional-residential use as defined in section 101-1. Waters Edge Colony Trailer Park(Stock Island),LDRD(File#2016-119) Page 7 of 10 Pursuant to LDC Section 138-48, the Nonresidential Rate of Growth Ordinance shall apply to all nonresidential floor area for which a building permit is required by the Land Development Code and for which building permits have not been issued prior to September 19, 2001, except as otherwise provided. Pursuant to LDC Section 138-50, the redevelopment, rehabilitation or replacement of any lawfully established nonresidential floor area which does not increase the amount of nonresidential floor area greater than that which existed on the site prior to the redevelopment, rehabilitation or replacement shall not be subject to the NROGO permit allocation system. Therefore, owners of land containing nonresidential floor area shall be entitled to one square foot for each such square foot 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 September 19, 2001, the effective date of the original NROGO ordinance. Note: Pursuant to LDC Section 138-47, the term nonresidential floor area "does not include space occupied by residential uses, including spaces occupied by a transient residential unit." 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: a. Any issued Monroe County building permit(s)supporting the existence of the structure(s)and its use(s) on or about September 19, 2001: A search of the Building Departments records yielded no results. b. Documentation from the Monroe County Property Appraiser's Office indicating residential use on or about September 19, 2001: The Property Appraiser currently assesses the property under a property classification code of 28-Parking Lots,Mobile Home Parks and their records indicate that residential and non-residential units have been on the tax roll from 1988 to 2015. Twenty(20) residential units and one (1) non-residential unit are currently attributed to the property. The Property Appraiser currently describes a nonresidential structure as "building 2", open storage—A-, with an area of 672 square feet and having a build date of 1980. c. Aerial photographs and original dated photographs showing the structure(s) existed on or about September 19, 2001:. Aerial photography from 1959 to 2015 confirms the continuous existence of"building 2" on the property. Aerial photography can only confirm the number of structures, not the use or number of dwelling units,in existence at any given time. d. Nonresidential County Directory entries on or about September 19, 2001: Residential county directory entries were reviewed with no relevant information found. e. Rental, occupancy or lease records, on or about September 19, 2001, indicating the number, type and term of the rental or occupancy: No nonresidential occupancy or lease records were provided by the applicant for review. Waters Edge Colony Trailer Park(Stock Island),LDRD(File#2016-119) Page 8 of 10 f. State and/or county licenses, on or about September 19, 2001, indicating the nonresidential use: A Monroe County Occupational License, #105490, with an expiration date of September 30, 1993 was provided by the applicant. g. Documentation from the utility providers indicating the type of service (commercial or residential) provided and the number of meters in existence on or about September 19, 2001:, A letter from Keys Energy Service dated August 11, 2016, states that service has been provided to the property since June 9, 1969. h. Similar supporting documentation not listed above as determined suitable by the planning director(as found in Planning &Environmental Resources Department files and provided by the applicant): A 1987 site plan of Waters Edge Colony Trailer Park was provided to Planning Department staff in the application for a Letter of Development Rights Determination. The site plan shows the development as having 61 lots, 1 building, and a sewage treatment area. 1988 Monroe County Mobile Home: the mobile home study indicates 50 mobile homes, 1 recreational vehicle, and 1 "other" structure. The 1 "other" structure indicated on the mobile home study is consistent with and described as "building 2" on the Property Appraiser Record card. Lawful Determination: Based on a review of the records, the Planning & Environmental Resources Department has determined that 61 dwelling units, in the form of 53 permanent residential units (mobile homes) and 8 transient units (recreational vehicles), were lawfully established at the subject park and their replacement would thereby be exempt from the ROGO and transient ROGO permit allocation system. In addition, it is determined that 672 square feet of nonresidential floor area was lawfully established and its replacement would thereby be exempt from the NROGO permit allocation system. If the exempted units are replaced, all existing accessory structures must also be demolished unless written permission stating otherwise is provided by the Planning &Environmental Resources Department. 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 dwelling units are not replaced, but substantially improved as defined in the Monroe County Code,they must be brought into compliance with all applicable regulations. x You may appeal any decision, determination or interpretation made in this letter pursuant to Monroe County Code Section 102-185. A notice of appeal must be filed with the County Administrator, 1100 Simonton Street, Gato Building, Key West, FL 33040, within 30 calendar days from the date of this letter. In addition, please submit a copy of your notice of appeal to the Planning Commission Coordinator, Waters Edge Colony Trailer Park(Stock Island),LDRD(File#2016-119) Page 9 of 10 Monroe County Planning and Environmental Resources Department, 2798 Overseas Highway, Suite 410, Marathon,Florida 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, r • Mayte Santamaria Senior Director of Planning &Environmental Resources Waters Edge Colony Trailer Park(Stock Island),LDRD(File#2016-119) Page 10 of 10 WRECKER'S CAY APARTMENTS AT STOCK ISLAND,LLC DEVELOPMENT AGREEMENT COMPOSITE EXHIBIT 9 cC.,ov!d vat 2Recorded n 04/16/2018oft R 4 17pn' PIG'4R01' COUNTY KEVIN MRDOK 84/:.6l201E 4:17PM DEED DOL STAMP CL: Krys $0.70 This instrument prepared by and return to: Erica H.Sterling,Esq. Chou=a 2164460 Skl1 2301 POP 1140 Spottswood,Spottswood,Spottswood&Sterling,PLLC 500 Fleming Street Key West,Florida 33040 QUITCLAIM DEED THIS QUITCLAIM DEED is made and executed th•is l✓ day of April,2018 by EADEH BUSH COMPANY,LLC,A FLORIDA LIMITED LIABILITY COMPANY having an address of 12 Driftwood Drive, Key West, Florida 33040 ("Grantor"), to WRECKERS CAY APARTMENTS AT STOCK ISLAND, LLC, a DELAWARE LIMITED LIABILITY COMPANY,having an address of 150 SE 2"d Ave.,Suite 800,Miami,FL 33131 ("Grantee"). WITNES SETH: THAT Grantor,for and in consideration of the sum of Ten and No/100 Dollars($10.00),and other good and valuable consideration paid to Grantor by Grantee,the receipt of which is hereby acknowledged, by these presents does grant, bargain, sell and quit claim to Grantee, and its successors and assigns forever,all of the Grantor's right,title and interest in and to that certain real property located in Monroe County,Florida and fully described on Exhibit A attached hereto and incorporated herein(the"Property"), TO HAVE AND TO HOLD the same, together with all and singular improvements, tenements,hereditaments and appurtenances thereunto belonging or in anywise appertaining,and all the right, title, and interest whatsoever of Grantor, if any,to the only proper use and benefit of Grantee. [signature page follows] Ela,-p 2184490 DM 2901 P9P 1141 IN WITNESS WHEREOF,Grantor has executed and delivered this Quitclaim Deed as of the day and year first above written. WITNESSES: GRANTOR: EADEH BUSH COMPANY,LLC, Pr' t Name: erica I-1 -s-VA i J a Florida limited liability company 1 r By: Q' `lot/ i��y:td„/L Print Name: l • SO Name: ROBERT BUSH SNEED Title: MANAGER STATE OF 1 1 O4ILda- ) COUNTY OF ` I I N.r6- ) The foregoing instrument was acknowledged before me this f a day of , 2018 by ROBERT BUSH SNEED, as Manager of EADEH BUSH COMPANY, LLC, a Florida limited liability company. He is personally known to me or has 'produced •. fait ''cat on. • Myco -e• : 1 ILL' NOTARY PUBLIC, State of F �;fi;= MARY E.TURSO Print Name: MARY C. TURSO MY COMMISSION#GG 103322 Ve.1. II ,p EXPIRES:May 16.2021 %01;,`,°•' Bonded ThruNotary Public Underwriters G om# 2164490 Okm 2L901 1'9— 1142 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY A parcel of filled land in Boca Chico Channel, adjacent to and contiguous with Lot 18,Block 33,of MALONEY'S SUBDIVISION OF STOCK ISLAND,according to the Plat thereof,as recorded in Plat Book 1, Page 55,of the Public Records of Monroe County, Florida, and being more particularly described by metes and bounds as follows; BEGINNING at the Northeast corner of said Lot 18, Block 33, said corner being a point on the original shoreline of Boca Chico Channel, as platted, thence continue on the easterly projection of the north boundary line of the said Lot 18 on an assumed bearing of N89°55'40"E for a distance of 143.98 feet, to the mean high water line of Boca Chico Channel; thence meander the mean high water line for the following 4 courses: 1) thence S22°33'06"W for a distance of 3.78 feet; 2) thence S60°15'15"W for a distance of 68.99 feet; 3) thence S70°36'35"W for a distance of 56,48 feet; - 4) thence S09°01'38"W for a distance of 3.77 feet,to a point on the original shoreline of Boca Chica Channel, as platted,said point which is 60,05 feet being measured perpendicular to the easterly projection of the north boundary line of said Lot 18; thence meander the original shoreline in a Northwesterly direction 66 feet, more or less, back to the Point of Beginning. Containing 4636 square feet, more or less. Sketch to illustrate the legal description of the Property: wtiCK33 PART OF L r>F SLIONTRCE0 LAND LOTS 1 AND 2 N89•55'40'E 143.98 1)522.33'06-W 3,78' POC POE (PI) o SAS BLOCK 33 at, w FILLED LAND fi ti LOT 18 �, NEWLY DESCRIBED a. _C;qNO a� 44, ASSUMED ROM PLAT 63S 56 AMGMWATER 827 WiE0r 31510•3 A5 LOCATED sena SCALE: 1'=20' LEGEND: 4)509601'38'W 3.77' POC=Point of Commencement POB=Point of Beginning \ DIMMED RR Rockets DoM+rt'e.et.M Soot ltle,an UO A Donal el n1.d love In Bea Odra Ceovel,aa)oo.r4 a and uMloutt t nIb Lot 18.ebar 11.nl Tp MALa4cry StteolY131o1.1 Or 580CA t51AF0,amusing to the.tat tnnraoL. b l not Bow I. `9 A Pao,58,a,Or Public Roared el Mwa" Dounq,Modem,end betrg man p0M ubely l'eu,b.D try Y ` notes and baud,.blows. �t MOWING'I N uo"Nut sonar of sill AN 18,BM&33,tab ca..,W ng a paint on dee o4dnal 3ij�• rLaeam Wsou CMu t?anr.l.a71•"d.oaammr00s. r m es.adtA,ll Da)ea4a^tlaa nWrdl A REECE & ASSOCIATES ' mermanMOdollorIntof IBcc.Oka[aoM od:tn.nre lflu wan high*Kr,'If.earthy LAND SUR\OEY1NC 0) ro4 mDa.i ,a .u.aati ) uun.a 570'mew ler a dtdaoa da,78 tom, 2 2) two.560•I5I TM fa a chow.of 88.93 OM; �' U•1W,.L: d .l¢A.'aa..eYl 3) blbleary. 57a7615 W ref a atmeca of 18.� a8 1ol r..,n.oiu 4) dome 809e217W fmaol�an,aef177 fut,n a poled on tea certif.!obrentb el Boca Oda Cbaoa.L at gated,talc point ream I,GOO het being measured Pnt.ndal"b res mtedl Drnbroben C btu north boundary It.or wad Let DO teteF.mantled dor n127dd stop et In a hvta..Ral7 Dbect on D6 tut,more a hw,wee a Me NM of 8e4kdn8 Ccutdel n a676 tgtta ROO rala' rpm KKK.at 60'0,5 rDILRat 601 rM,06006 Sinn 1:4 1 nee:,mare Y Ln. wM 0906/18 a4M1 Pn.toew5'oTef tt0Ma4 lo'1aam.2.t:4bW4..20, e,Y.wR yy_ allca.7.at7.atIRW0els,L t.alE 106 t th3f.b"M" SKETCH TO ILLUSTRATE LEGAL DESCRIPTION OM.. Im STA.OP MAMA SECTION 35, TOWNSHIP 67 SOUTN,Range 25 East t,.rgoa: aeA sum.,MD KAr.r. STOCK ISLAND,Monroe County,Florida eWeo `' .r.40.t MUM: tremor e. ,Iv].. wsvo.+m saran mAb frOM i'IOi'IROE COUNTY CIF IC:IRL RECORDS �IQi::g ''iG44139 04/16/2fi18 4:17PII fi.d 82 Reearded in Official Records 7:f PlOPIROI. COUNTY KEVIN M9DOK This Instrument Prepared by: ERICA H.STERLING,P.A. SPOTTSWOOD,SPOTTSWOOD,SPOTTSWOOD 2141/:.6/2018 4:17PM &STERLING,PLLC 3E:EII DOC STAMP CL: Krys $17,780.0a 500 FLEMING STREET KEY WEST,FL 33040 I.Ia.:q 11644I39 [Ikl:t 2901 Pgtt 1133 Parcel ID No.: 00124550-000000 and 00124550-000100 GENERAL WARRANTY DEED i► THIS GENERAL WARRANTY DEED is made and executed this �0 day of April, 2018 by EADEH BUSH COMPANY,LLC, a Florida limited liability company, having an address of 12 Driftwood Drive, Key West, FL 33040 ("Grantor"), to WRECKERS CAY APARTMENTS.AT STOCK ISLAND,LLC,a Delaware limited liability company,having an address of 150 SE 2nd Ave., Suite 800, Miami, FL 33131 ("Grantee"). WITNESSETH: THAT Grantor,for and in consideration of the sum ofTen and No/100 Dollars($10.00), and other good and valuable consideration paid to Grantor by Grantee,the receipt of which is hereby acknowledged,by these presents does grant,bargain,sell and convey to Grantee,and its successors and assigns forever,that certain real property located in Monroe County,Florida and fully described on Exhibit A attached hereto and incorporated herein(the"Property"), TOGETHER WITH all improvements,tenements, hereditaments and appurtenances thereto belonging or in any way appertaining to the Property. TO HAVE AND TO HOLD all of the foregoing in fee simple forever. SUBJECT TO: (1)taxes for the year 2018 and all subsequent years thereafter, and(2) the matters set forth on Exhibit B attached hereto, without hereby reimposing same. GRANTOR does hereby warrant the title to the Property and will defend the same against the lawful claims of all persons whomsoever. [signature page follows] EIai$ 21644139 E kI1 2901 PO 1134 IN WITNESS WHEREOF, Grantor has executed and delivered this General Warranty Deed as of the day and year first above written. WITNESSES: GRANTOR: EADEH BUSH COMPANY,LLC, a Florida limited liability company By: Aa'"If'"‘S m Name: ERICA H. S ERLING Name:ROBERT BUSH SNEED Title: MANAGER PL . URSO • STATE OF ( Ota- ) COUNTY OFIM ) The foregoing instrument was acknowledged before me this Ay y of April,2018 by ROBERT BUSH SNEED, as Manager of EADEH BUSH COMPANY, LLC, a Florida limited liability company. He is personally known to me • has produced as 'd ti ation. im _z, My commissio exp. s. •' a f NOTARY PUBLIC,State ofFh9L4c Print Name: MARY E.TURSO f.1 ai:41 2164489 Elkil 2901 PO 1135 EXHIBIT A Legal Description Parcel 1 Lots 1 and 2, Block 33, of MALONEY'S SUBDIVISION OF STOCK ISLAND, according to the Plat thereof, as recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, Florida, LESS and EXCEPT the following: COMMENCING at the Southwesterly corner of said Lot 1; thence run Easterly along the South line of said Lot 1, a distance of 34.89 feet to the POINT OF BEGINNING; thence continue Easterly along the previously described course along the Southerly lines of Lots 1 and 2, a distance of 219.02 feet; thence run Northwesterly along a line deflected 163° 20' 48" left, a distance of 93.27 feet; thence run Westerly along a line deflected 21° 44' 48" left, a distance of 69.97 feet; thence run Southwesterly along a line deflected 13° 47' 41" left, a distance of 63.38 feet to the POINT OF BEGINNING. TOGETHER WITH: • A portion of Lot 20, Block 33, of said MALONEY'S SUBDIVISION OF STOCK ISLAND, described as follows: COMMENCING at the Northwesterly corner of said Lot 20 (the " POINT OF BEGINNING"); thence run Easterly along the Northerly line of Lot 20, a distance of 34.89 feet; thence run Southwesterly along a line deflected 71° 06' 42" right, a distance of 36.88 feet to a point on the Westerly line of said Lot 20; thence run Northerly along said Westerly line, a distance of 11.84 feet to the Northwesterly corner of said Lot 20 and the POINT OF BEGINNING. AND TOGETHER WITH: A parcel of bay bottom land in the Straits of Florida East of and adjacent to Lot 2, Block 33, of said MALONEY'S SUBDIVISION OF STOCK ISLAND, according to the Plat thereof, as recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, Florida, described as follows: COMMENCING at the intersection of the East line of First Street and the South line of MacDonald Avenue, as shown on said Plat; thence run East a distance of 100 feet, more or less, to a point on the shoreline of the Straits of Florida and the POINT OF BEGINNING; thence continue East along the East prolongation of the South line of said MacDonald Avenue, a distance of 740 feet, more or less, to a point; thence at right angles run South a distance of 125.00 feet to a point; thence at right angles run West a distance of 680 feet, more or less, to a point on the shoreline of the Straits of Florida; thence meander said shoreline of the Straits of Florida in a Northwesterly direction, a distance of 140 feet, more or less, to the POINT OF BEGINNING. EIo'.q 2164489 Eikl* 2.101 POI 1136 Parcel 2 All of Lots 18 and 19, Block 33, of MALONEY'S SUBDIVISION OF STOCK ISLAND, according to the Plat thereof, as recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, Florida, TOGETHER WITH a portion of Lots 1 and 2, Block 33, of said MALONEY'S SUBDIVISION OF STOCK ISLAND, more particularly described as follows: COMMENCING at the Southwesterly corner of said Lot 1; thence run Easterly along the South line of said Lot 1, a distance of 34.89 feet to the POINT OF BEGINNING; thence continue Easterly along the previously described course along the Southerly lines of Lots 1 and 2, a distance of 219.02 feet; thence run Northwesterly along a line deflected 163° 20' 48" left, a distance of 93.27 feet; thence run Westerly along a line deflected 21° 44' 48" left, a distance of 69.97 feet; thence run Southwesterly along a line deflected 13° 47' 41" left, a distance of 63.38 feet to the POINT OF BEGINNING. AND TOGETHER WITH: Lot 20, Block 33, of said MALONEY'S SUBDIVISION OF STOCK ISLAND, LESS and EXCEPT the following described portion thereof: COMMENCING at the Northwesterly corner of said Lot 20 (the " POINT OF BEGINNING"); thence run Easterly along the Northerly line of said Lot 20, a distance of 34.89 feet; thence run Southwesterly along a line deflected 71° 06' 42" right, a distance of 36,88 feet to a point on the Westerly line of said Lot 20; thence run Northerly along said Westerly line, a distance of 11.84 feet to the Northwesterly corner of said Lot 20 and the POINT OF BEGINNING. Parcel 3: That portion of the Northerly 1/2 of vacated First Avenue appearing in Resolution No. 279-1988, Resolution No. 518-2006 recorded in Official Records Book 2252, Page 1874, and recorded in Official Records Book 2274, Page 2242 and Resolution No. 379-2006 recorded in Instrument No. 1629241. Being more particularly described as follows: PARCEL 1: A parcel of land on Stock Island being a portion of the Northerly 1/2 of First Avenue, lying between the Easterly right of way line of First Street and the original shoreline of Boca Chica Channel, also lying between Blocks 33 and 44, as shown on George McDonald's Plat of Stock Island, as recorded in Plat Book 1, at Page 55, of the Public Records of Monroe County, Florida, said parcel being more particularly described by metes and bounds as follows: COMMENCE as the Southwesterly corner of the said Block 33, said point also being the Northerly right of way line of First Avenue and the Easterly right of way line of First Street and run thence Easterly along the Northerly right of way line of the said First Avenue for a distance of 24.00 feet to a point, said point being the Point of Beginning; thence Southerly and at right angles for a distance 1:odi 2164489 1301 1 2901 Pgq 1137 of 30.00 feet to the centerline of the said First Avenue; thence Easterly and at right angles along the centerline of the said First Avenue for a distance of 235.00 feet to the original shoreline of Boca Chica Channel as shown on said Plat; thence Northerly with a deflection angle of 104° 46' 15" to the left and along the original shoreline of Boca Chica Channel as shown on said Plat for a distance of 20.5 feet, more or less, to the apparent Mean High Water Line of the said Boca Chica Channel; thence meander Westerly and Northwesterly along the apparent Mean High Water Line of the said Boca Chica Channel for a distance of 64 feet, more or less, to the Northerly right of way line of the said First Avenue; thence Westerly and along the Northerly right of way line of the said First Avenue for a distance of 167 feet, more or less, back to the Point of Beginning. Ela,sq 21E4489 EtIcll 2901 PgU 1138 EXHIBIT B Permitted Encumbrances 1. Storm Sewer Easement between Monroe County and the State Road Department of the State of Florida,recorded in Official Records Book 379,Page 1033,of the Public Records of Monroe County,Florida. 2. Perpetual Drainage Easement from the Trustees of the Internal Improvement Fund of the State of Florida and the State Road Department of Florida,recorded in Official Records Book 381,Page 227,of the Public Records of Monroe County,Florida. 3. State Law under Chapter 76-190 and Chapter 22F-8.02 of the Florida Administrative Code for Land Planning for the Florida Keys area of Critical Concern,as recorded in Official Records Book 668,Page 43,of the Public Records of Monroe County,Florida. 4. Board of County Commissioners of Monroe County Resolution No. 518-2006,disclaiming any interest in certain streets,alleys or roads,recorded in Official Records Book 2252, Page 1874, and recorded in Official Records Book 2274,Page 2242,of the Public Records of Monroe County,Florida. 5. Board of County Commissioners of Monroe County Resolution No. 379-2006, disclaiming any interest in certain streets,alleys or roads,recorded in Official Records Book 2274,Page 2247, of the Public Records of Monroe County,Florida. 6. Stormwater Utility Easement by Bush Sneed,Eadeh Bush Company,LLC,Grantor, in favor of the Board of County Commissioners of Monroe County,Grantee,recorded in Official Records Book 2480, Page 1660,of the Public Records of Monroe County,Florida. 7. Subject to House Bill No.634,Chapter 70-231,an Act relating to the bureau of beaches, shores and coastal construction;amending chapter 161,Florida Statutes, by adding Section 161.052;providing a setback line for coastal construction and excavating;providing for the granting of variances by the Department of Natural Resources;providing penalties;and providing an effective date. 8. Rights of the United States of America and/or the State of Florida in and to navigable waters or filled land, in the interest of navigation and commerce in what were formerly navigable waters, and any conditions contained in any permits authorizing the filling in of such lands. 9. The rights, if any,of the public to use the public beach,recreation area, or any part of the land lying between the body of water abutting the subject property and the natural line of vegetation, the bulkhead line,the most extreme high water line or any other legally established boundary line separating the publicly used area from the upland private area. Elc all 2164439 I3k01 2 9001 POI 1139 10. The right,title or interest, if any,of the public to use any part of the land seaward of the most inland of any of the following: a.The natural line of vegetation. b. The most extreme high water line. c.The bulkhead line. d.Any other line which has been or which hereafter may be legally established as relating to such public use. 11. Rights of the public to use the waters over the submerged land lying within the subject property for boating,fishing,swimming and other public purposes. 12. Conditions of the Trustee's Deed No 20059,recorded June 23, 1953 in Book G-70,Page 498 wherein in the Trustees of the Internal Improvement Fund reserve the following: Saving and Reserving unto the Trustees of the Internal Improvement Fund of the State of Florida,and their successors,title to an undivided three-fourths of all phosphate,minerals and metals and title to an undivided one-half of all petroleum that may be in,on or under the above described land,with the privilege to mine and developer the same. NOTE:The right of entry for mining,drilling and exploration has been released pursuant to Section 270.11(2)(b)Florida Statutes. 13. Survey executed by Robert E. Reece,PLS and Mapper No. 5632,with the firm of Reece& Associates,said survey dated February 6,2018,Drawing No. 18012201,CAD 18012201, discloses the following matters: A)Encroachment of a 6 foot wood fence on to adjoining land along the Northerly boundary line of Parcel 1. B)Encroachment of a elevated mobile home by 1.8 feet into first street along the Westerly boundary line of Parcel 1. C)Encroachment of a elevated mobile home by 36.8 feet and concrete slab into an area described as Area B on Survey,apparent filled in lands. NON ROE COUNTY OFFICIAL RECORDS WRECKER'S CAY APARTMENTS AT STOCK ISLAND,LLC DEVELOPMENT AGREEMENT COMPOSITE EXHIBIT 10 WOODSON, 6325 FIRST STREET, STOCK ISLAND,FLORIDA 33040 RE No.: 00124550-000000 AND 00124550-000100 LEGAL DESCRIPTION: A parcel of filled land in Boca Chica Channel, adjacent to and contiguous with Lot 18, Block 33, of MALONEY'S SUBDIVISION OF STOCK ISLAND, according to the Plat thereof, as recorded In Plat Book 1,Page 55, of the Public Records of Monroe County, Florida, and being more particularly described by metes and bounds as follows: BEGINNING at the Northeast corner of said Lot 18, Block 33, said corner being a point on the original shoreline of Boca Chica Channel, as platted, thence continue on the easterly projection of the north boundary line of the said Lot 18 on an assumed bearing of N89°55'40"E for a distance or 143.98 feet, to the mean high water line of Boca Chica Channel;thence meander the mean high water line for the following 4 courses: 1) thence S22°33'06"W for a distance of 3.78 feet; 2) thence S60°15'15"W for a distance of 68.99 feet; 3) thence 570°36'35"W for a distance of 56.48 feet; 4) thence S09°01'38"W for a distance of 3.77 feet, to a point on the original shoreline of Boca Chica Channel, as platted, said point which fs 60,0S feet being measured perpendicular to the easterly projection of the north boundary line of said Lot 18;thence meander the original shoreline in a Northwesterly direction 66 feet,more or less, back to the Point of Beginning,Containing 4636 square feet, more or less. SKETCH TO ILLUSTRATE THE LEGAL DESCRIPTION OF THE PROPERTY: BLOCK 33 PART Of Puma/96MLP.OD LAID LOTS 1 AND 2 64fl7•S5"4O'E 1)677.3705'W 3,7E2 POC R15 I"CK FILLED LAND LOT 18 NEWLY DESCRIBED JA N I50R71I tit S e. GA NY Ht PAAT1A 1.1Kt 0, y�� A}:IAMEI,rtpx PLAT 315 )d j5MC.•,arrie .AA e b SCALE: i =20' 1.26C1I0: 4)50440 1.38-w 1,77' IOC v Pdm Of COn1Ot eefr df t POS-Palm of Sep �l PRtrf.[D POI'Fres-i 4f b*br-'oMLVxI \ r lMsd d i./Ln9 h tom O*•OwraLMW-�Yry w+Bv...rm car U.tYn,11, \\}''' WO',,,,,, 1l.13Db M aTGCY MMC.duuW 4wlb Lhr.*P. .an 8* I. `4` H,O+PMK b•frw Mrvn�Ls.+q.Pp.rj,am bNw.r�nh4 e.rtMw e-.e,r ad�� ,•�I OFL'M.II.G-,'. 8 4flw raf.&#L.14 fR e•.b w'a+0.\�P.ssf w,t-sty-d \ 4 bardrn'A+�0 10 W r+W+dMa+d Y-Prd 47'4.02 12=r r HIM REECE L[ ,kSSOCIA'TES tits na•rNp..tw.iar e•.•eara Ca•.'/1l cvrcr a.w•,d.D..wnw run ww.r Y-\rt* ` n. LAND_ SUR.sarra es V£t1NG I, p .%n L! 11.c.+».17WV(r•cwwx1.n+r1 m,y„ 11 Ith.3,1,1")N IF•141..4.4.4.,11 ,-,.rr..0 i1 a-w.nrarPr.Iv•a...c•a M4h.11 1 rO]I•...'iu P,.hl.dld wei 4►.Ps 5*r�.n'ti bew.a M++d� w.1Cs,.rM rat MrVM11.'a.ee M.i.i a* e.r+a.ni..D,pMh•1+• ww..,lr r1.ab..Nr...,r+a-cr 1.14 P.A Ift' ri+aMK5.d...caU44g N I1..adr. c•. L'wKt MO.cr Va NA t1 M.JAM'.ti Nuv+P.l-V re1,.anoL.• u-, Qypp,i, aL[�,1 .b.Mo.. 7,1r•dal..�MW4,il.0 rvA..Ga•MM',Pi•,•,.y� ii �N�rrrauir•l.w.l.tl.•-Y�.-,rns.W.-^ ""A""'41 Pt SKETCH TO ILLUSTRATE LEGAL DESCRIPTION 1 N 1 T .A4.+L-tl wwa, ra SECTION 35. TO'A916341P 57 SC JTH,112'g9 25 East ��.,. d:a Leo. ..nn. ""'r^" ' STOCK ISLAND,"forumCounty,Florida 00176399-v 1 Parcel 1 Lots 1 and 2, Block 33, of MALONEY'S SUBDIVISION OF STOCK ISLAND, according to the Plat thereof, as recorded in Plat Book 1, Page 55, of the Public Records of Monroe County,Florida,LESS and EXCEPT the following: COMMENCING at the Southwesterly corner of said Lot 1; thence run Easterly along the South line of said Lot 1,a distance of 34.89 feet to the POINT OF BEGINNING;thence continue Easterly along the previously described course along the Southerly lines of Lots 1 and 2, a distance of 219.02 feet; thence run Northwesterly along a line deflected 163° 20' 48" left, a distance of 93.27 feet; thence run Westerly along a line deflected 21 ° 44' 48" left, a distance of 69.97 feet; thence run Southwesterly along a line deflected 13° 47' 41" left, a distance of 63.38 feet to the POINT OF BEGINNING. TOGETHER WITH: A portion of Lot 20, Block 33, of said MALONEY'S SUBDIVISION OF STOCK ISLAND, described as follows: COMMENCING at the Northwesterly corner of said Lot 20 (the" POINT OF BEGINNING");thence run Easterly along the Northerly line of Lot 20, a distance of 34.89 feet;thence run Southwesterly along a line deflected 71 ° 06' 42" right, a distance of 36.88 feet to a point on the Westerly line of said Lot 20;thence run Northerly along said Westerly line, a distance of 11.84 feet to the Northwesterly corner of said Lot 20 and the POINT OF BEGINNING. AND TOGETHER WITH: A parcel of bay bottom land in the Straits of Florida East of and adjacent to Lot 2, Block 33, of said MALONEY'S SUBDIVISION OF STOCK ISLAND, according to the Plat thereof, as recorded in Plat Book 1,Page 55, of the Public Records of Monroe County,Florida, described as follows: COMMENCING at the intersection of the East line of First Street and the South line of MacDonald Avenue, as shown on said Plat;thence run East a distance of 100 feet,more or less,to a point on the shoreline of the Straits of Florida and the POINT OF BEGINNING; thence continue East along the East prolongation of the South line of said MacDonald Avenue, a distance of 740 feet, more or less,to a point; thence at right angles run South a distance of 125.00 feet to a point;thence at right angles run West a distance of 680 feet, more or less,to a point on the shoreline of the Straits of Florida;thence meander said shoreline of the Straits of Florida in a Northwesterly direction,a distance of 140 feet,more or less,to the POINT OF BEGINNING. Parcel 2 All of Lots 18 and 19,Block 33, of MALONEY'S SUBDIVISION OF STOCK ISLAND, according to the Plat thereof, as recorded in Plat Book 1, Page 55, of the Public Record of Monroe County, Florida, TOGETHER WITH a portion of Lots 1 and 2,Block 33,of said MALONEY'S SUBDIVISION OF STOCK ISLAND, more particularly described as follows: COMMENCING at the Southwesterly corner of said Lot 1;thence run Easterly along the South line of said Lot 1, a distance of 34.89 feet to the POINT OF BEGINNING; thence continue Easterly along the previously described course along the Southerly lines of Lots 1 and 2, a distance of 219.02 feet;thence run Northwesterly along a line deflected 163° 20' 48" left, a distance of 93.27 feet;thence run Westerly along a line deflected 21 ° 44'48" left, a distance of 69.97 feet; thence run Southwesterly along a line deflected 13° 47'41" left, a distance of 63.38 feet to the POINT OF BEGINNING. 00176399-v 1 AND TOGETHER WITH: Lot 20, Block 33, of said MALONEY'S SUBDIVISION OF STOCK ISLAND, LESS and EXCEPT the following described portion thereof: COMMENCING at the Northwesterly corner of said Lot 20 (the " POINT OF BEGINNING");thence run Easterly along the Northerly line of said Lot 20, a distance of 34.89 feet;thence run Southwesterly along a line deflected 71 ° 06' 42" right, a distance of 36.88 feet to a point on the Westerly line of said Lot 20; thence run Northerly along said Westerly line, a distance of 11.84 feet to the Northwesterly corner of said Lot 20 and the POINT OF BEGINNING. Parcel 3: That portion of the Northerly 1/2 of vacated First Avenue appearing in Resolution No.279-1988,Resolution No. 518-2006 recorded in Official Records Book 2252,Page 1874, and recorded in Official Records Book 2274, Page 2242 and Resolution No. 379-2006 recorded in Instrument No. 1629241. Being more particularly described as follows: PARCEL 1: A parcel of land on Stock Island being a portion of the Northerly 1/2 of First Avenue, lying between the Easterly right of way line of First Street and the original shoreline of Boca Chica Channel, also lying between Blocks 33 and 44, as shown on George McDonald's Plat of Stock Island, as recorded in Plat Book 1, at Page 55, of the Public Records of Monroe County, Florida, said parcel being more particularly described by metes and bounds as follows: COMMENCE as the Southwesterly corner of the said Block 33, said point also being the Northerly right of way line of First Avenue and the Easterly right of way line of First Street and run thence Easterly along the Northerly right of way line of the said First Avenue for a distance of 24.00 feet to a point, said point being the Point of Beginning; thence Southerly and at right angles for a distance of 30.00 feet to the centerline of the said First Avenue;thence Easterly and at right angles along the centerline of the said First Avenue for a distance of 235.00 feet to the original shoreline of Boca Chica Channel as shown on said Plat; thence Northerly with a deflection angle of 104°46' 15"to the left and along the original shoreline of Boca Chica Channel as shown on said Plat for a distance of 20.5 feet, more or less, to the apparent Mean High Water Line of the said Boca Chica Channel;thence meander Westerly and Northwesterly along the apparent Mean High Water Line of the said Boca Chica Channel for a distance of 64 feet, more or less, to the Northerly right of way line of the said First Avenue;thence Westerly and along the Northerly right of way line of the said First Avenue for a distance of 167 feet, more or less, back to the Point of Beginning. 00176399-v1 WRECKER'S CAY APARTMENTS AT STOCK ISLAND,LLC DEVELOPMENT AGREEMENT EXHIBIT 11 / ti / / C 73 0) 4 it !J e s l • `T.J b WRECKER'S CAY APARTMENTS AT STOCK ISLAND,LLC DEVELOPMENT AGREEMENT EXHIBIT 12 County of Monroe Growth Management Division Planning&Environmental Resources o- *l Z.?e• Board of County Commissioners Department �4 ' . , �L' Mayor David Rice,Dist.4 2798 Overseas Highway,Suite 410 f ` Mayor Pro Tern Kim Wigington,Dist. 1 Marathon,FL 33050 r Heather Carruthers,Dist.3 Voice: (305)289-2500 George Neugent,Dist.2 FAX: (305)289-2536 •a -- = Sylvia J.Murphy,Dist.5 We strive to be caring,professional and fair March 13,2012 Owen Trepanier Trepanier&Associates,Inc. PO Box 2155 Key West,FL 33045 SUBJECT: LETTER OF UNDERSTANDING CONCERNING THE REDEVELOPMENT OF TEN SINGLE FAMILY RESIDENCES,TO BE LOCATED AT 6325 FIRST STREET,STOCK ISLAND,A PROPERTY HAVING REAL ESTATE NUMBERS 00124550.000000 AND 00124550.000100 Mr. Trepanier, Pursuant to §110-3 of the Monroe County Code (MCC), this document shall constitute a Letter of Understanding (LOU). On February 16, 2012, a Pre-Application Conference regarding the above-referenced property was held at the office of the Monroe County Planning & Environmental Resources Department in Marathon. Attendees of the meeting included Owen Trepanier and Bush Sneed (hereafter referred to as "the Applicant") and Tim Finn, Planner, Michael Roberts, Senior Administrator of Environmental Resources, and Joseph Haberman, Planning&Development Review Manager(hereafter referred to as"Staff). Materials presented for review included: (a) Pre-Application Conference Request Form; (b) Monroe County Property Record Cards; (c) Monroe County Land Use District Map and Future Land Use Map; (d) Site Plan by Perez Engineering&Development, Inc., dated May 2011; (e) Demolition & Erosion Control Plan by Perez Engineering & Development, Inc., dated May 2011; (f) Drainage &Grading Plan by Perez Engineering&Development, Inc., dated May 2011; (g) Utility Plan by Perez Engineering&Development, Inc., dated May 2011; and (h) Letter of Understanding to Adele Stone from K. Marlene Conaway,dated May 7,2003. 6325 First Street,Stock Island,Letter of Understanding(File#2012-009) Page 1 of 9 I. APPLICANT PROPOSAL The Applicant is proposing to redevelop the site with 10 single family residences, of modular or conventional construction, and accessory structures. The subject property, which consists of two contiguous parcels, is currently developed with a mobile home park consisting of 12 mobile homes. . iw arab ,,..s. .• . , ._ _. ,. t 7 T.,.,. _ , .., . . ,.. , ; .i\L . ' , r, ,. ..„. , . . .• . .. . i i -... , z4...., , _ „ .,,-- A( .„,- . \ 1. ; vit V 1 t , a ~� ,s,,� ,,,. ,ry , 1. r I s" i �' =' pp _ a v J ' i' ir 1 1 c .' . ''.‘ 't- 416, lir.'" Subject Property(2009) II. SUBJECT PROPERTY DESCRIPTION 1. The subject property is located along the eastern side of First Street on Stock Island, between the McDonald Avenue and First Avenue intersections. It is south of the Overseas Highway (US 1) at approximate mile marker 5 on the Atlantic Ocean side of US 1. According to the Property Appraiser's records,the address is 6325 First Street. 2. The property is comprised of two contiguous parcels, assessed under real estate (RE) numbers 00124550.000000 and 00124550.000100. The parcels are legally described as Block 33, Lots 1, 2, 18, 19 and 20, part of abandoned First Avenue right-of-way, Maloney (PB1-55), Stock Island, Monroe County, Florida. 6325 First Street,Stock Island,Letter of Understanding(File#2012-009) Page 2 of 9 3. According to the Property Appraiser's records, in total, the subject property consists of 143,482 SF (3.29 acres) of area: 78,142 SF (1.79 AC) of which is upland (36,666 SF of "02RV" on RE 00124550.000000 + 41,476 SF of"02RV" on RE 00124550.000100) and 65,340 SF (1.50 AC) of which is wetland/submerged land (1.50 AC of "000X" on RE 00124550.000000). All calculations included in this letter are based on the Property Appraiser's records. A boundary survey was not submitted. The site plan and supporting documentation submitted with the application did not provide any calculations indicating the total amount of upland. A sealed boundary survey may be required at the time of application submittal for any development approval for new development affecting open space or land use intensity. This boundary survey must indicate the amount of total land area. An exception will be granted if a proposed site plan indicates the amount of total land area and contains a reference that it is based on the boundary survey. If the amount of upland area provided on the boundary survey differs,then calculations provided in this letter are subject to change. In addition, the site plan and supporting documentation submitted with the application did not show mean high water in accordance with Florida Statutes or habitats on site, such as disturbed salt marsh or mangrove that may exist along the shoreline. These types of habitat reduce the amount of buildable area. III.RELEVANT PRIOR COUNTY ACTIONS 1. A Letter of Understanding concerning a portion of the property (RE 00124550.000000) was issued to Adele Stones on May 7, 2003. The purpose of the letter was to assess the redevelopment rights of the property. IV.REVIEW The following land development regulations directly affect the proposal; however, please note that there are other land development regulations not referred to nor described in this Ietter which may govern future development as well. 1. The subject property is currently within an Urban Residential Mobile Home (URM) Land Use (Zoning) District and the Residential High (RH) Future Land Use Map (FLUM) category. 2. Each of the subject parcels has a tier designation of Tier III. 3. For the purposes of development, the subject property, which includes Lots 1, 2, 18, 19 and 20 and part of the abandoned First Avenue right-of-way (also known as RE 00124550.000000 and RE 00124550.000100) is aggregated. Pursuant to MCC §130-166, any development that has or is a part of a common plan or theme of development or use, including, but not limited to, an overall plan of development, common or shared amenities, utilities or facilities, shall be aggregated for the purpose of determining permitted or 6325 First Street, Stock Island,Letter of Understanding(File#2012-009) Page 3 of 9 authorized development and compliance with each and every standard of MCC Chapter 130 and for the purpose of determining the appropriate form of development review. 4. The proposed detached, single-family residential use would be consistent with the purpose of the URM district, which is to recognize the existence of established mobile home parks and subdivisions, but not to create new such areas, and to provide for such areas to serve as a reservoir of affordable and moderate-cost housing in the county. Further, it would be consistent with the purpose of the RH future land use category as set forth Comprehensive Plan Policy 101.4.4, which is to provide for high-density single- family, multi-family, and institutional residential development, including mobile homes and manufactured housing, located near employment centers. 5. As shown on the proposed site plan, the Applicant is proposing to develop the subject property with 10 single-family, detached dwelling units and accessory uses, including swimming pools for each dwelling unit, fencing and a community entry gate. Pursuant to MCC §130-99, in the URM district, density-permitting, detached dwelling units may be permitted as-of-right with a building permit. Accessory structures may also be permitted as-of-right with a building permit. 6. As shown on the proposed site plan, each of the 10 single-family, detached dwelling units would be located on its own parcel of land. The Applicant may proceed with establishing the 10 parcels and identify each with a unique real estate number for organizational and tax purposes; however the larger subject property must remain aggregated (i.e. in an organization such as a condominium) unless plat approval is granted in accordance with MCC §110-96. Please note that plat approval may not be possible as the property is designated URM. Pursuant to MCC §110-97(f), lands within the IS, URM, and CFV districts shall not be platted, replatted or otherwise reconfigured in any manner that would allow the number of proposed lots or units to exceed the number of parcels that lawfully existed as of September 15, 1986. 7. Pursuant to MCC §138-22(1), the Residential Rate of Growth Ordinance (ROGO) shall not apply to the redevelopment, rehabilitation or replacement of any lawfully-established dwelling unit that does not increase the number of dwelling units that existed on the site. Therefore, owners of land shall be entitled to one dwelling unit allocation, exempt from the ROGO permit allocation system, for each dwelling unit lawfully-established on a given property. Currently, there are 12 mobile homes in existence on the subject property. Staff reviewed the Growth Management Division's records and did not find official approvals establishing the 12 mobile homes. Therefore, in order to receive a determination as to how many dwelling units were lawfully established and thereby may be replaced exempt of the ROGO 6325 First Street,Stock Island,Letter of Understanding(File#2012-009) Page 4 of 9 permit allocation system, the Applicant must apply for a Letter of Development Rights Determination(application attached). As part of the Letter of Development Rights Determination application, the Applicant may provide the following information: a) any issued Monroe County building permits supporting the existence of the structures and its uses on or about July 13, 1992; b) documentation from the Monroe County Property Appraiser's Office indicating residential use on or about July 13, 1992; c) aerial photographs and original dated photographs showing the structure(s) existed on or about July 13, 1992; d) residential county directory entries on or about July 13, 1992; e)rental, occupancy or lease records, on or about July 13, 1992, indicating the number, type and term of the rental or occupancy; 1) state and/or county licenses, on or about July 13,1992, indicating the number and types of rental units; g) 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; and h) similar supporting documentation not listed above as determined suitable. As required by MCC §138-22(2), the Senior Director of Planning & Environmental Resources 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. 8. Pursuant to MCC §130-157, in the URM district, the allocated density is one dwelling unit per [platted] lot or, if the site meets the definition of a mobile home park per MCC §101-1, five dwelling units per acre. If the site meets the definition of a mobile home park per MCC §101-1, the maximum net density is seven dwelling units per buildable acre. As defined, a mobile home park means a place set aside and offered by a person or public body for either direct or indirect remuneration of the owner, lessor or operator of such place for the parking or accommodation of six or more mobile homes. Although the site currently meets the definition of a mobile home park, it appears that the redevelopment would not consist of any structure classified as mobile home. Therefore,the allocated density would only allow five dwelling units as there are only five platted lots (Lots 1, 2, 18, 19 and 20). However, if any dwelling units were lawfully established on the site prior to the current regulations, that lawful permanent residential density is protected pursuant to MCC §130-163. Notwithstanding the provisions of §130-157, §130-158 and §130-162, the owners of land upon which a lawfully established dwelling unit or mobile home exists shall be entitled to one dwelling unit for each type of dwelling unit in existence before January 4, 1996. Such legally-established dwelling units shall not be considered as nonconforming uses. The Applicant must apply for the Letter of Development rights Determination to determine how many of the 12 dwelling units in existence were lawfully-established. If all were lawfully established, the Applicant may replace up to 12 dwelling units on the site, assuming they meet all other regulations and requirements of the Land Development Code and Comprehensive Plan. 6325 First Street,Stock Island,Letter of Understanding(File#2012-009) Page 5 of 9 9. Pursuant to MCC §130-161(b), assuming at least 10 dwelling units are found to be lawfully established, the inclusionary housing requirements would apply in that the redevelopment involves the conversion of more than 10 mobile home spaces located on contiguous parcels into a use other than mobile homes (detached dwelling units). The redevelopment shall include a number of affordable housing units equal to at least 30 percent of the number of existing units being removed and replaced or converted from mobile home use. 10. In the URM district, there is a required open space ratio of at least 0.20 or 20 percent. In addition, within the required shoreline setback, there is a required open space ratio of 0.40 or 40 percent. The site plan submitted in the application does not show enough information to fully determine if the proposed development is in compliance with the open space requirements. 11. The required non-shoreline setbacks in the URM district are as follows for lots 50' wide or greater: Front yard — 10'; Rear yard — 10'; and Side yard — 10'/15' (where 10' is required for one side and 15' is the minimum combined total of both sides). Therefore, the property has a non-shoreline front yard setback requirement of 10' along the right-of-way of First Street to the west, a non-shoreline front yard/side yard setback requirement of 10' along the right-of-way of MacDonald Avenue to the north, and a non- shoreline side yard setback of 5' along the property line to the south. As the rear yard is a shoreline,there is no rear yard non-shoreline setback requirement. The site plan submitted in the application was not provided in a working scale that would allow Staff to determine if the proposed development is in compliance with the non- shoreline setback requirements. Without measuring, it appears that the principal structures would meet the non-shoreline setback requirements; however several accessory swimming pools are located in the required non-shoreline setback to the north. Based on aerial photography, the southernmost portion of the shoreline appears to be altered and disturbed while the northernmost portion of the shoreline appears to be mangrove fringe. Along the shoreline not considered mangrove fringe, per MCC §118-12, the required shoreline setback is 20' from mean high water (MHW). Along the shoreline containing mangrove fringe, the shoreline setback is 30' from the landward edge of the mangroves on the undeveloped open water shoreline adjacent to the previously altered upland area (§118-12 (b)(3)(a)). However, in accordance with §118-12 (b)(3)(c), on infill lots surrounded by significant development where principal structures are set back less than 50' from MHW or the landward extent of mangroves, the director of planning and environmental resources may evaluate the community character, the presence or absence of environmental features, and the setbacks on adjacent developed properties within two parcels on either side of proposed development, and may allow principal structures to be set back as far as practicable or in line with adjacent principal structures. In no event shall the setback be less than 20'. On shorelines where the existing pattern of setback is greater than 30',the greater setback shall apply. 6325 First Street, Stock Island,Letter of Understanding(File#2012-009) Page 6 of 9 Based on a preliminary review of aerial photography, it appears that the existing pattern of development may allow a reduction in the shoreline setback on the north. The site plan submitted in the application was not provided in a working scale that would allow Staff to determine if the proposed development is in compliance with the shoreline setback requirements. Further, the shoreline is labeled as "apparent mean high water line" as opposed to mean high water line per Florida Statutes. 12. The development would be subject to the following off-street parking requirements: Spec fc Use Multiplier ;, 4- p : .�; :Proposed .`;Req"urredSpaces. Single-family residence _ 2 spaces/dwelling unit 10 dwelling units 20 spaces 13. Several land use district bufferyards are required. Along a portion of the northern property line, there is an Urban Residential (UR) district. Along a URM/UR boundary line, a class "C" district boundary bufferyard is required. Along the western property line, there is an Urban Residential Mobile Home Limited (URM-L) district. Along a URM/URM-L boundary line, a class "C" district boundary bufferyard is required. Along the southern property line, there is a Recreational Vehicle (RV) district. Along a URM/RV boundary line, a class "D" district boundary bufferyard is required. A class "C" bufferyard has a minimum width of 10' and its planting requirements are described/illustrated in MCC §114-128. A class "D" bufferyard has a minimum width of 20' and its planting requirements are described/illustrated in MCC §114-128. Existing vegetation may satisfy all or a portion of the bufferyard requirements. Further, pursuant to MCC §114-129, where existing uses occupy both sides of a district boundary, a buffer shall be established as a condition of any permit issued for a change in use, reconstruction or addition for any nonresidential use or hotel or destination resort. The maximum buffer that can be established, given the existing buildings and drives, shall be established. If the width available is less than 50 percent of the minimum required buffer width, then a six foot solid fence shall be located at the inner side of the buffer. The site plan submitted in the application was not provided in a working scale that would allow Staff to determine if the proposed development is in compliance with the minimum bufferyard width requirements. A landscaping plan was not provided. 14. Mitigation will be required for qualifying native vegetation removed for development. The number, species and sizes of plants to be mitigated shall be identified in an existing conditions report prepared and submitted by the Applicant and approved by the County Biologist. 15. In accordance with MCC §118-7(1), to the maximum extent practicable, development shall be sited so as to preserve all listed threatened, endangered, commercially exploited, and regionally important native plant species and all native trees with a diameter at breast height (DBH)of greater than 4". 6325 First Street,Stock Island, Letter of Understanding(File#2012-009) Page 7 of 9 16. There are two existing access drives to the site, to/from First Street. As shown on the proposed site plan, access shall be consolidated into a single entry point; however the entry would be gated. Although there are no provisions that would prohibit the gate, Staff recommends that the Applicant provide enough on-site area to accommodate the safe stacking of vehicles waiting to enter the site from First Street. 17. A stormwater management plan shall be required as a part of any building permit application that involves modifications to the site. This plan shall detail pre and post development water flow and storage on site with supporting calculations. 18. No structure or building shall be developed that exceeds a maximum height of 35'. Height means the vertical distance between grade and the highest part of any structure, including mechanical equipment, but excluding chimneys, spires and steeples on structures utilized for institutional and public uses only, radio or television antenna, flagpoles, solar apparatus, and utility poles. Building elevations were not provided. V. OTHER ISSUES CONCERNING THE PROPOSAL 1. If an exempted dwelling unit is replaced, all existing accessory structures must also be demolished unless written permission stating otherwise is provided by the Planning & Environmental Resources Department. The letter does not provide any vesting to existing regulations and the replacement dwelling unit and any new accessory structures must be built in compliance with all applicable regulations of the Monroe County Code and Monroe County Comprehensive Plan at the time of development approval. Further, if the existing dwelling unit is not replaced, but substantially improved as defined in the Monroe County Code, the substantially improved dwelling unit must be brought into compliance with all applicable regulations and codes. 2. Prior to the issuance of any building permit, if such review is required, all proposed development shall be found in compliance by the Monroe County Building Department, the Monroe County Public Works Division and the Monroe County Office of the Fire Marshal. Staff recommends that the Applicant coordinate with these offices prior to application submittal. The Planning & Environmental Resources Department does not review for compliance with the Florida Building Code. 3. The site is partially designated within AE-EL 9 and AE-EL 10 flood zones on the Federal Emergency Management Agency (FEMA)'s flood insurance rate maps. All new structures must be built to floodplain management standards that meet those for flood protection. Pursuant to MCC §110-3, you are entitled to rely upon the representations set forth in this letter as accurate under the regulations currently in effect. This letter does not provide any vesting to the existing regulations. If the Monroe County Code or Comprehensive Plan is amended, the project will be required to be consistent with all regulations and policies at the time of development approval. The Department acknowledges that all items required as a part of the application for development approval may not have been addressed at the meeting, and consequently reserves the right for additional comment. 6325 First Street,Stock Island, Letter of Understanding(File#2012-009) Page 8 of 9 You may appeal decisions made 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 Planning Commission Coordinator, Monroe County Planning & Environmental Resources Department,2798 Overseas Highway, 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 yours, Townsley Sc a , Senior Director Planning&Environmental Resources CC: Joseph Haberman,Planning&Development Review Manager Michael Roberts, Senior Administrator of Environmental Resources 6325 First Street,Stock Island,Letter of Understanding(File#2012-009) Page 9 of 9 WRECKER'S CAY APARTMENTS AT STOCK ISLAND,LLC DEVELOPMENT AGREEMENT EXHIBIT 13 04,e:11 2151556 01/16/2018 3:57P111 byand return to: Filed 8 Recorded in Official Records of This instrument prepared MONROE. COUNTY KEVIN NOOK John R.Allison,III DEiE[18DOC15TRPIP SCLM Krys $0•73 The Allison Firm,P.A. 001:N 2151556 BIOS 2887 Pg$I 1870 1010 Kennedy Dr.#302 Key West,FL 33040 QUITCLAIM DEED THIS QUITCLAIM DEED is made and executed this /J/ day of January, 2018 by WATERS EDGE COLONY, INC., a Florida corporation, having an address of 2625 Gulfview Drive, Key West, FL 33040("Grantor"),to WRECKERS CAY APARTMENTS AT STOCK ISLAND, LLC, a Delaware limited liability company, having an address of 150 SE 2' Ave., Suite 800,Miami,FL 33131 ("Grantee"). WITNESSETH: THAT Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00), and other good and valuable consideration paid to Grantor by Grantee, the receipt of which is hereby acknowledged, by these presents does grant, bargain, sell and convey to Grantee, and its successors and assigns forever, all of the Grantor's right, title and interest in and to that certain real property located in Monroe County,Florida and fully described on Exhibit A attached hereto and incorporated herein(the"Property"), TO HAVE AND TO HOLD the same, together with all and singular improvements, tenements,hereditaments and appurtenances thereunto belonging or in anywise appertaining,and all the right,title,and interest whatsoever of Grantor, if any,to the only proper use and benefit of Grantee. [signature page follows] 8294131-1 r1a:tt 2151556 E;k$1 2887 POI 1871 IN WITNESS WHEREOF, Grantor has executed and delivered this Quitclaim Deed as of the day and year first above written. WITNESSES: GRANTOR: WATERS EDGE COLONY,INC., Pri• ' , a Florida corporation By: P'ame ;al.., • . Name: Title: STATE OF ri—o zzilr ) • COUNTY OF 1N)p JiJ/2zir, ) The foregoing instrument was acknowledged before me this Z ZSay of January,2018 by 6,Q.t,,,e eu„ii. L' . katt.e4.1 ,as p✓esie&i.1-- of Waters Edge Colony, Inc., a Florida corporation. He/she is (personally known to me or has produced as identiRcali.n. My commis on exp res: • gTARY P BLIC,State of 1`(ar-t c- 'rint Name. JOHNILAW8011I11 CaeMYelam/FF913W Egi2020 a it twinwnaeoaeesmo 8294131-1 C'ooq 2151556 Elkli 21387 Pgt$ 1872 EXHIBIT A LEGAL DESCRIPTION A parcel of land adjacent to Government Lot 2,Section 35,Township 67 South,Range 25 East,Stock Island,Monroe County,Florida,and more particularly described as follows: From the Northwest corner of Block 32,according to the plat entitled"ALL LOTS 1,2,3,5&6,SEC.35, LOT 2.SEC.36,LOT 3,SEC.26,&LOT 2,SEC.34,STOCK ISLAND,TOWNSHIP 67 S.,RANGE 25 E.",as recorded in Plat Book 1,Page 55,Official Records of Monroe County,Florida,go easterly along the North line of said Block 32 a distance of 360 feet to a point on the shoreline of Boca Chica Channel, which is the Point of Beginning; thence continue easterly along the same line extended on an assumed bearing of N 90°00'00"E a distance of 400 feet; thence N 80°04'36"E a distance of 28.45 feet;thence S 88°21'12"E a distance of 84.37 feet; thence S 62°14'21"E a distance of 19.25 feet;thence S 89°56'16"E a distance of 101.75 feet; thence N 74°46'53"E a distance of 57.24 feet;thence N 82°56'13"E a distance of 42.91 feet; thence S 79°57'01"E a distance of 92.08 feet;thence N 84°00'36"E a distance of 52.59 feet; thence N 80°47'27"E a distance of 93.78 feet;thence S 85°21'49"E a distance of 41.57 feet; thence S 84°48'05"E a distance of 52.73 feet;thence N 75°38'28"E a distance of 27.66 feet; thence N 85°00'20"E a distance of 32.12 feet;thence N 80°57'53"E a distance of 21.53 feet; thence S 00°00'00"E a distance of 2.00 feet;thence N 79°58'16"W a distance of 58.25 feet; thence S 89°58'14"W a distance of 44.83 feet;thence S 88°29'31"W a distance of 28.09 feet; thence S 89°57'38"W a distance of 54.41 feet;thence S 77°34'20"W a distance of 29.88 feet; thence N 84°58'49"W a distance of 36.46 feet;thence S 83°22'56"W a distance of 33.01 feet; thence N 87°08'42"W a distance of 29.96 feet;thence N 79°05'28"W a distance of 42.45 feet; thence N 86°34'49"W a distance of 28.59 feet;thence S 77°37'22"W a distance of 32.13 feet; thence N 84°33'56"W a distance of 32.63 feet;thence S 87°06'21"W a distance of 47.34 feet; thence N 89°51'04"W a distance of 43.80 feet;thence N 82°42'25"W a distance of 47.72 feet; 8294131-1 Eioi:N 2151556 BIM 2387 Pgp 1873 thence N 84°09'29"W a distance of 46.71 feet;thence N 88°37'48"W a distance of 24.27 feet; thence S 88°25'05"W a distance of 27.58 feet;thence S 86°52'46"W a distance of 40.53 feet; thence N 85°11'21"W a distance of 26.92 feet;thence S 89°10'09"W a distance of 22.92 feet; thence S 84°15'37"W a distance of 26.07 feet;thence N 89°47'35"W a distance of 25.41 feet; thence N 88°58'29"W a distance of 25.07 feet;thence N 88°20'45"W a distance of 27.52 feet; thence N 87°33'20"W a distance of 24.52 feet;thence S 87°47'10"W a distance of 27.45 feet; thence N 89°23'15"W a distance of 58.96 feet;thence N 90°00'00"W a distance of 149.80 feet; thence S 00°00'00"W a distance of 42.00 feet back to the Point of Beginning, containing 37,850 square feet(0.87 acres). NIONR013 COUNTY CiF1°ICIRL RECORDS 8294131-1 WRECKER'S CAY APARTMENTS AT STOCK ISLAND,LLC DEVELOPMENT AGREEMENT EXHIBIT 14 SPIT OF REAL PROPERTY ADJACENT TO THE EASTERN END OF LAUREL AVENUE, STOCK ISLAND,FLORIDA 33040 LEGAL DESCRIPTION: A parcel of land adjacent to Government Lot 2, Section 35, Township 67 South, Range 25 East, Stock Island, Monroe County,Florida, and more particularly described as follows: From the Northwest corner of Block 32, according to the plat entitled "ALL LOTS 1, 2, 3, 5 & 6, SEC. 35, LOT 2. SEC. 36, LOT 3, SEC. 26, & LOT 2, SEC. 34, STOCK ISLAND, TOWNSHIP 67 S., RANGE 25 E.", as recorded in Plat Book 1, Page 55, Official Records of Monroe County, Florida, go easterly along the North line of said Block 32 a distance of 360 feet to a point on the shoreline of Boca Chica Channel,which is the Point of Beginning; thence continue easterly along the same line extended on an assumed bearing of N 90 '00'00" E, a distance of 400 feet; thence N 80°04'36" E a distance of 28.45 feet; thence S 88°21 '1 2" E a distance of 84.37 feet; thence S 62°14'21" E a distance of 19.25 feet; thence S 89°56'16" E a distance of 101.75 feet; thence N 74°46'53" E a distance of 57.24 feet; thence N 82°56'13" E a distance of 42.91 feet; thence S 79°57'O1" E a distance of 92.08 feet; thence N 84°00'36" E a distance of 52.59 feet; thence N 80°47'27" E a distance of 93.78 feet; thence S 85°21 '49" E a distance of 41.57 feet; thence S 84°48'05" E a distance of 52.73 feet; thence N 75°38'28" E a distance of 27.66 feet; thence N 85°00'20" E a distance of 32.12 feet; thence N 80°57'53" E a distance of 21.53 feet; thence S 00°00'00" E a distance of 2.00 feet; thence N 79°58'16" W a distance of 58.25 feet; thence S 89°58'14" W a distance of 44.83 feet; thence S 88°29'3 I" W a distance of 28.09 feet; thence S 89°57'38" W a distance of 54.41 feet; thence S 77°34'20" W a distance of 29.88 feet; thence N 84°58'49" W a distance of 36.46 feet; thence S 83°22'56" W a distance of 33.01 feet; thence N 87°08'42" W a distance of 29.96 feet; thence N 79°05'28" W a distance of 42.45 feet; thence N 86°34'49" W a distance of 28.59 feet; thence S 77°37'22" W a distance of 32.13 feet; thence N 84°33'56" W a distance of 32.63 feet; thence S 87°06'2 1" W a distance of 47.34 feet; thence N 89°51 '04" W a distance of 43.80 feet; thence N 82°42'25" W a distance of 47.72 feet; thence N 84°09'29" W a distance of 46. 71 feet; thence N 88°37'48" W a distance of 24.27 feet; thence S 88°25'05" W a distance of 27.58 feet; thence S 86°52'46" W a distance of 40.53 feet; thence N 85°11 '21" W a distance of 26.92 feet; thence S 89°10'09" W a distance of 22.92 feet; thence S 84°15'37" W a distance of 26.07 feet; thence N 89°47'35" W a distance of 25.41 feet; thence N 88°58'29" W a distance of 25.07 feet; thence N 88 '20'45" W a distance of 27.52 feet; thence N 87°33'20" W a distance of 24.52 feet; thence S 87°47'10" W a distance of 27.45 feet; thence N 89°23'15" W a distance of 58.96 feet; thence N 90°00'00" W a distance of 149.80 feet; thence S 00°00'00"W a distance of 42.00 feet back to the Point of Beginning,containing 37,850 square feet(0.87 acres). 00175702-vl � W. H SPECIFIC PURPOSE SKETCH , F G >1 E9 DESCRIPTION: IN MALONEY'S SUBDIVISION OF STOCK ISLAND • V S PLAT BOOK 1, PAGE 55 Q C % ECTION 35, TOWNSHIP 67S, RANGE 25E • C7 W A parcel of land in Maloney's' Subdivision of Stock Island, according to the plat thereof, as recorded in Plot Book 1, Page 55 of the Public Records of Monroe County, Florida and being :C F. bounded and described os follows: O wBegin at the intersection of the centerline of Laurel Avenue and the east right—of—way line of (Fi) i. Second Street, thence East along the centerline of Laurel Avenue and it easterly projection for a I-, O distance of 1486 feet, more or less, to a point on the apparent shoreline of said Boca Chico SURVEYORS NOTES: Z .� Channel, thence meander said shoreline for the following eight courses: (1) thence Southwesterlyfor a distance of Z iSth tl dit 8 feet; 1. This sketch was mode for the "SPECIFIC PURPOSE" O (2) thence Westerly for a distance of 934 feet; of defining the area shown on Sheet 2 of 2. This is i (3) thence Southeasterly for o distance of 548 feet; "NOT A BOUNDARY SURVEY': E.. (4) thence Northeasterly for a distance of 152 feet; a^ (5) thence Southeasterly and Southwesterly for a distance of 150 feet; 2. The bearing base for this sketch was derived from aa., (6) thence Northeasterly for a distance of 150 feet; the Plot described hereon and has Laurel Avenue 'E (7) thence Southwesterly for a distance of 389 feet; running EAST—WEST and is assumed. >. (8) thence Southeasterly for a distance of 58 feet, more or less, to a point on the north U right—of—way line of First Avenue; 3. This sketch and description or the copies thereof thence bear S14151"45 E for a distance of 26.10 feet to a point on the centerline of First Avenue; are not valid without the signature and the original thence West along the centerline of First Avenue for a distance of 235.00 feet; thence North at raised seal of a Florida licensed surveyor and rsl right angles for a distance of 30.00 feet to a point on the north right—of—way line of First mapper. x Avenue; thence West at right angles along the said north right—of—way line a distance of 24 feet U to the southwest corner of Block 33 of said Plot, thence North at right angles on the west line of 4. 2015 Aerial imagery shown is from www.labins.org W and is shown for informational purposes only. Block 33 a distance of 125 feet, thence West at right angles a distance of 300 feet, thence South P P Y• i at right angles along the east boundary line of Lot 16, Block 34, of said Plat a distance of 125 feet to a point on the north right—of—way line of First Avenue, thence West along the north right—of—way line of First Avenue to a point of intersection with northeasterly right—of—way line of Moloney Avenue Per FOOT R/W map Section 90550-2608, thence bear N47'17'00"W along the said LEGEND: right—of—way line to a point of curvature, said curve having for its elements a radius of 985.37 feet and a chord bearing N5221'51"W a chord distance of 174.53, thence along said curve for an CL = Centerline arc length of 174.76 feet to the point of intersection with the east right—of—way line of Second LB = Licensed Surveying Business Street, thence North along the east right—of—way line of Second Street for a distance of 435.31 feet to the centerline of Laurel Avenue and the Point of Beginning. PSM = Professional Surveyor & Mapper CONTAINING 9.1 ACRES, MORE OR LESS R/W = Right—of—Way . AUG 0 7 2019 I HEREBY CERnFY:TAW'THIS SKETCH WAS MADE UNDER MY RESPONSIBLE CHARGE AND aO I q- 149 MEETS THE STANDARDS OF,PRACTICE AS SET FORTH BY THE FLORIDA BOARD OF $ N.vN-OE CO FL:.tii INCA D=PT. PROFESSIONAL SUW,ETDRS AND MAPPERS IN CHAPTER 5J-77,FLORIDA ADMINISTRATIVE ,s—._-`_rs,,, CODE,PURSUANT TO SECTION 472.027, FLORIDA STATUTES. REECE&ASSOCIATES CAD I7o7or �`�— PROFESSIONAL SURVEYOR AND MAPPER CLIENT WRECKERS GAY _ _ Dace AUGUST 24,2018 SHEET 1 OF 2 . •-SCALE 7400' Robert E.Reece` Y 127 INDUSTRIAL ROAD,SUITE B.BIG PINE KEY,FL 33043 Professional Surveyor end Mapper OFF KB State of Ronda License No. 5632 1 OFFICE (305)872-1348 FAX (305)872-5622 CAD RR t ;Tait ..>. 4 r 4' 1 POINT;OF BEGINN/NL` a. "-. .x..:,. _ v as. . - _ ma' .t �. CL LAUREL .44E.... ' i r �W CEN7fR4NE �. � ._ .. _ N �'',• % Vy ,,, ._ - s ,7 MEANU 1. rc .' ' - e . -L �' APPARENT iHOkEUNE OF E8(KA CIRCA CFiANNf1. } $ d:, D 1. ¢ fir• • a gym e " :tea r'."" �.. .. zAriiill . - ki)) o , BLOCK 32 ' S, u M �lipm . 8 .� (16' y 15 • 1 Yam-..,k,r ,,� �• � 1 �. � # a ::ry CL MACDONALD AVENUE 60 a/w"t,!,_ .,-,i `fit j .-r - y f-' -.. - --•�\\ (SJ y 3 i y y 5 .LI'j-t 7 �`3` 1 � s r?•�y ,` \ �,` " BLOCK 34 " � i 10, 4 A { IR C,q 'r':,�e , a 114 C 4L.T�13 i011 *9 �y gym. _ ._.. 04 so - ,,. ¢ t, C .,.� - / s � # ff: �„ IIIIII 20 `19�.. y osso�� ' - i J� k da..K.z mi .,'.. • ." �,'s :, "' ° :., i % 60EI EST_ - e. u� �. :., 1 ; ch m=3O 1 „.,.. • CL FIRST AVENUE fio'a/w ,yam, 1 1 ... „." , , CAD 17071701 CURVE DATA CI = LI = NORTH 30.00� , REECE& ASSOCIATES CLIENT WRECKERS GIY R=985.37' L2 = WEST 24.00' PROFESSIONAL SURVEYOR AND MAPPER L=v4.7B• SHEET 2 OF 2 SCAIE D=10'09'I I" L3 = NW 1 T00"W 70.58' CHB=N52'2 i 51.,W 127 INDUSiRIAI RAAD,MITE&B-PINE KEY.R 33017 OFF KB CHO=174.53' r FAX (705)518722-562� CKD RR WRECKER'S CAY APARTMENTS AT STOCK ISLAND,LLC DEVELOPMENT AGREEMENT EXHIBIT 16 @Sill 1.1...1.1.S I....(mower 0..um0....P.0..1.1.......00.0.....I.. 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S I 19 F P ! i ,, - i i 1 I i i PRELIMINARY DESIGN �y • a = WRECKER'S CAY DATE 20PDCI lo. 110G DATE IIIDEIIE111101 ARCHITECTURE •• INTERIORS al V I DESIGN•BUILD SERVICE 5 1:;- OVERALL PLAN APARTMENTS DIIII PAC4191 SO UTNPOINT DR.EAST, SUITE 200 e 0 STOCK OLAD,IET WEST,FLORIDA ACCEPTED - JACKSONVILLE,FL 32216 (904)224-0001 9Ix WRECKER'S CAY APARTMENTS AT STOCK ISLAND,LLC DEVELOPMENT AGREEMENT EXHIBIT 17 0 2019 THIS DRAWING IS THE INSTRUMENT OF SERVICE AND PROPERTY OF PQH GROUP DESIGN,INC. CA 4 a .a H� i , i i , 1 0 A u: Di(uP. 11 'iq '0 L;c . 1a i qA �� L o 0 45 F 6 Y X, 4. z i 7 - 44 z At ;" "(1. ,ii N k 1,,' , , t I .4_, r: 1,, 1 s ♦ f - 4 h 7 .:- EP , 11Ir —fte -- ii- s e ■■ -V" s. i �. III_ IA_ i �� _ Ili I r .i_ A a 1 r--- Y r Li s imulO........._J li 00- CIL . rot 11111111,411 X 11' f x . �. ' , , , 0 t� S . .g i. - L_ • r. ,11 ,` P�, i � - . 7? 'AI I v _ _ i a if a n n y . 12: e `ate . . , k k pad r yy � i--. \ '4 s. 941� k E L G L a k Y kii Q 0 N 1 i i 1 11 11 33 c O . . . . �s . r . Iss �� iiit Will U z , B2 0 32 0 ..B2 0 z- I' 1 r07ioaocCXaeu0›wcEoc.0.-u4Dl44...,)' 0c°CC(—NNrDD1 I•i.• 1I- 1IIIi1——'I1 1.,,I:',,..I7—z1Fa..., --.. - - - f r - r i fIt , ii 0MdCC1. FLO OR PLA0 N - T ri L 1 rlt m_ wJ i r litr 2 Bedrooms Unit 36 J I I - mg • n7 3 o 3 Bedrooms Unit 0 i I: _ M ±L i Total 36YPE I-N < B2.0 ;B2.0 82.0 B2.0 a u TYPICAL LEVEL FLOOR/ 1ST TO 3RD FLOOR 13,657 SF r:4 a c.) a o 1. I )1— ill , -T r- IT t- ' -4!--- 1- ."---71EI; 1 4 w :Iv ft: 11 iill 111 Ift p 1111 ft ftft 1 1111 11 v . ft1116 i ,1 -ii. -_-__ 0- L, -1----61- -II -0- -161----4-4 41, AL ---14 14 ,' i, Un Lu 1 = TYPE I-N E-. r. - 34 Spaces c, 3 ___ril ', 1 _ g 1 rii, it IR ..;" iri, 10-1 r 11 (: ,rni ni 1011 in n ,-; m 1 I il i 1 11 v, I II II II III 1,1I x i II il:11 1 , 18 4-li 0 0, 'G csi e GARAGE LEVEL 1.0 13,413 SF/34 PARKING SPACES 10.01.2019 WRECKER'S CAY APARTMENTS PQH N.I l)( k I SI 1\I),FLORIDA GROUP z A1.0 A1.0 B3.0 A1.0 A1.0 A1.0 - - - - - - ._.� FLOOR PLAN - TYPE II I • o —1 _ Unit Type O2• m • • I t 1_1. I I 1�1 t 1 1 i f �ti_4 1 1 Bedroom Unit 21 CD = L F -U F I F -1 J '-- i - I I 2 Bedrooms Unit 15 w M .- I I t t { I I 3 Bedrooms Unit 6 x F TiILI 1—t T-T11 f' -1- L - J J l 1 1" T I , Total Units 42 ow., `� `1 fiLkJ_L11fl1 - ___ _ -1L-. O a I�' �- t o A1.0 C1.0 , C1.OJ A1.0 14 TYPICAL LEVEL FLOOR/ 1ST TO 3RD FLOOR 13,896 SF tL w _ _ 19 g r v, 110r J- 0Nor r w x F- i TYPE II `i' 3 ' 9SC Z a = � 11 R 0 - t �: GARAGE LEVEL 13 752 SF/35 PARKING SPACES 10.01.2019 WRECKER'S CAY APARTMENTS PQH STOCK ISLAND,FLORIDA GROUP • z C1.0 B3.0 C1.0 z 7-7 r -i - o - FLOOR PLAN - TYPE IV w - aQ. _, T Unit Type I L i -� ; - ' 1 Bedroom Unit 0 CL x _ 1 i-; L 1 I I ;, L 1 I 1 i-. 2 Bedrooms Unit 12 a n. 3 Bedrooms Unit 6 0 �- ��I I � t � u a L ,�� Total Units 18 0 U B3.0 B3.0 B3.0 w TYPICAL LEVEL FLOOR/ 1ST TO 3RD FLOOR 7,233 SF h w O _11 It 1 F 11 z 11 a ■ ■ a a x TYPE IV-N z 20 Spaces a ■ I I I a 0 h x 9 1•- So l r ._____I._____II_____. -,__II �t = 1 L N e GARAGE LEVEL 7,280 SF/20 PARKING SPACES 10.01.2019 WRECKER'S CAY APARTMENTS P011 S1OCk ISLAND,FLORID GROUP z -B3.0_ B3 0- z R [ T T - T FLOOR PLAN - TYPE V A : CLUB OFFICELEASIN Unit Type 04 f r L 1 Bedroom Unit 6 0 — - 2 Bedrooms Unit 16 O' Ot r f r k L I r] [ I 3 Bedrooms Unit 0 F ---r = i-Er Total Units 22 tx 1...4, l i 1 - A1.O 1 B3.0 El B3.0 Al w TYPICAL LEVEL FLOOR/ 1ST 9,168 SF o B3 0 B3.0 B3.0 B3.0 r—T --�— __ - - - - - ,.,, r T T � T _ T 13 ri_,---71 � .3 K ■ ■ ■ ■ ■ ■ ■wf d ` ifTYPE V F r i �' r � I t l� 23 Spaces c71 i Fr i z 0 10 E _L .1__.... l_ _L 1. _ I [ I.' I—E :-----1 : .7-1 . . I N Al B3.0 [i B3.0 A1.0 0 TYPICAL LEVEL FLOOR/2ND TO 3RD FLOOR 8,886 SF GARAGE LEVEL 8,427 SF/23 PARK ING SPACES 10.01.2019 WRECKER'S CAY APARTMENTS PQH STOCK tSI..\\D,FLORIDA GROUP U • z_ z c w a Maximum Height 50.12' Mech Units Mech,Units o O Maximum Height 48.12' a� -_. x Roof Deck - y a., w O a, W Third Residential Level - a, . U -' Second Residential Level .,,.', cn al H z w First Residential Level I -_'Finish Floor Elevation'14.34' . - - . Flood Elevation AE 10 a W Parking Level x Crown of Road:6.12' Base Elevation Garage-Elevation-5.34 0 Grade Around Building.+/--.. I I I I I�1 I I f=1 11111 111 1=111 1I� 111. 1 11111111 1 I I dill 111I 11 I I I I I I FEI I I TEI I l l el 11E11 E11 E11 EI �II I II I I11 E11 El I_R=111 III III I I I Z _lI-I I=�I I H1=ll1=1LE1I�-11E1 I I=1=1 I IEFL I I 1-ITI=1 , 1 I1TII 11=I 1-I1 1111 I1=1 TiliL =1�I f-I I� _ ME- -=I-I I1I�11$_,11=1 _T 1=1 1=1I 1.I I-�I= -L-- 1E II I II I I 1�11=111 IT 1 T 11 111=11111 1 11 1= I1 I I T_I III M=FI 111=1 f rTfEM= Tfi-11 EMA I=111=111=11 f=T11=11111 I I I 1111=M=I I ITI I I�11E I ITll f I_I I=171 1 I I I I-111=111 1III 3 11 114 I f34114IW11141141411I,lI1-T-1I4114T1I114I14R 111 1L=14I1=1111141411=11=11[ TI=1II=1 lI 11- 111-1IL=„1I14I 11-11I14T 11=1-I III01-_I=111411 Ca cn H TYPICAL SECTION/FLOOD ELEVATION AE 9 & 10 cn All Building Types O N e 10.01.2019 WRECKER'S CAY APARTMENTS PQH STOCK ISLAND,FLORID. GROUP Li ID 1 o „o 0 10 T z 0 • NM I .. • - sr CL, — — MOM a o o aVIJ a O F w �I o 1- a. 0 / 1 J x 6�-11 1 1 1 1 E o _ _ IUI A1.0 598 SF B2.0 764 SF B3.0 876 SF w o 1 ,, O — w 1 1 x h g i E— C _ CC 1 M - 1cA L x 0 1-- , il N cp i UNIT PLANS C1.0 1,084 SF 10.01.2019 WRECKER'S CAY APARTMENTS PQH S71)(:1. ISLAND,FLORIDA G R 0 U P