08/20/2008 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
October 3, 2008
TO:
Andrew Trivette, Director
Growth Management Division
ATTN:
Mayra Tezanos
Executive Assistant
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Isabel C. DeSantis, D.C. ,
FROM:
At the August 20, 2008 BOCC Meeting, the Board granted approval and authorized
execution of the following item:
Acceptance of accept two (2) market rate ROGO allocations and eight (8) transient
residential allocations from Ocean Key Associates.
Enclosed is the fully-executed original of the above-mentioned for your recording in the
Official Records of Monroe County. Should you have any questions please do not hesitate to
contact our office.
Thank You.
cc: County Attorney
Finance
File~
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This document was prepared without the benefit I
of a title search. I
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This instrument prepared by:
TIMOTHY NICHOLAS THOMES, ESQ.
99198 Overseas Highway, Suite 8
Key Largo, FL 33037
Return to:
MONROE COUNTY, FLORIDA
c/o Susan Grimsiey
1100 Simonton Street
Key West, FL 33040
Alternate Key Number: 1680435
Parcel Account Number: 00554940-000300
ASSIGNMENT. TRANSFER AND DONATION
",Ii ' . /
THAT on this /2) day of rVf~btI... 2008, OCEAN
ASSOCIATES, LTD., a Florida limited partnership, ("Ocean Key") and
KEY
OCEAN
SUNRISE ASSOCIATES, LLC, a Florida limited liability company ("Ocean Sunrise"), in
consideration of the sum of Ten Dollars ($10.00) and other good and valuable
consideration, in hand paid by MONROE COUNTY, FLORIDA, ("Monroe County"), a
Political subdivision of Florida, do hereby grant, transfer and assign and set over unto
Monroe County, two (2) market rate ROGO exemptions and eight (8) transient residential
ROGO exemptions pursuant to the terms of Resolution No. 493-2007 recorded in Book
2341, Page 1014 - 1017 of the public records of Monroe County, Florida and pursuant to
the Development Agreement for the MANDALA Y BAY DEVELOPMENT A/K/ A
OCEAN SUNRISE ASSOCIATES, LLC.
the MANDALA Y BAY DEVELOPMENT.
WHEREAS, Ocean Sunrise has sought approval of its Development Agreement for
WHEREAS, Monroe County has approved Ocean Sunrise's request for approval of
its Development Agreement.
WHEREAS, pursuant to the terms of the above-referenced resolution and the
stipulation of Monroe County and Ocean Sunrise and Ocean Key, it was therefore agreed
that:
1) Monroe County approved the Development Agteement applied for by Ocean
Sunrise conditioned, among other requirements, upon the transfer of two (2)
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market rate ROGO exemptions which are owned by Ocean Key and which were
part of the rights granted to Ocean Key in its development of Mariner's Club.
2) These two (2) market rate ROGO exemptions represent two (2) units which will not
be utilized by Ocean Key in the development of Mariner's Club.
3) These two (2) market rate ROGO units by virtue of this document are hereby
assigned, transferred and donated to Monroe County subject to the terms and
conditions of the Development Agreement as approved by Resolution No. 493-
2007.
4) Additionally, Ocean Sunrise owns eight (8) transient residential ROGO exemptions
as a result of its ownership of the following RE Nos. 00554420.000000,
00554670.000000, 00554700.000000, 005473.000000, 00554740.000000 and
005549040.000300.
5) These eight (8) transient residential ROGO exemptions will not be utilized by
Ocean Sunrise and are the eight (8) unused transient ROGO exemption rights
referenced in the Development Agreement.
6) Those eight (8) transient residential ROGO exemptions are hereby assigned,
transferred and donated to Monroe County.
7) All assignments, transfers and donations herein are subject to the additional terms
and conditions set forth in the Development Agreement and Resolution No. 493-
2007 as well as all restrictions and limitations on such units.
8) Neither Ocean Sunrise, nor Ocean Key makes any representations as to the right of
Monroe County to utilize these assigned, transferred and donated exemptions for
any purpose, nor any development rights associated with these ROGO exemptions
by assignors.
9) Ocean Key and Ocean Sunrise shall have no financial or other liability nor be
required to pay any costs, transfer fees, or other expenses of any kind for the
assignment and transfer of these exemptions to Monroe County.
10) Monroe County acknowledges that the assigning, transferring and donating entities
shall have the right to claim the market value of these ROGO exemptions as tax
deductible donations to Monroe County, but Monroe County makes no
representations or warranties as to the tax consequences to Ocean Key and Ocean
Sunrise of this transaction.
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11) Ocean Sunrise, Ocean Key and Monroe County agree that Monroe County shall
have no tax consequences.
WHEREFORE, Ocean Key and Ocean Sunrise hereby assigns, transfers and
donates to Monroe County, a political subdivision of Florida, the ROGO exemptions
referenced above.
Signed, sealed and delivered in
the presence of:
OCEAN KEY ASSOCIATES, LTD., a
Florida limited partnership.
By:
Prin ted
Title:
: Tt-<<qia S J COl c:k'j 10
VI LC {>1.QblC/p vt::r
STATE OF FLORIDA )
COUNTY OF )
SWORN to (or affirmed) and subscribed before me this /6t'J day ofSplmlllir
2008 by ~ICL<; T. CC.,rJp Ifn who is personally known or provided_
as identification.- .
\ of----
~".,~ LORlJOROAN
i;, ~,\ MY COMMISSION I DO 325306.
~, ' i EXPIRES: October 2. 2008
~ .~.. Blnled ThIU NoWy NjcUndtrWfilers
OCEAN SUNRISE ASSOCIATES,
LLC., a Florida limited liability
compan
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e: D-.A.'ffLia.s ~r. end c' II 0
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By:
Title:
STATE OF FLORIDA
COUNTY OF
)
)
SWORN to (or affirmed) and subscribed before me this 15t!) day of g ~'lR1Y1 be/1
2008 by U"'J;";) (,<;cJ,lIo who in,"W",.llY kno~ or pro~ided_
a identification. ~
No't~~~c1:-----
"""M:>,. LORI JORDAN
lW~ :'''f,\ MY COMMISSION I DO 325306
~, : i EXPIRES: October 2, 2008
..' \3oIldIdThruNotaryp\t1liCUnderWrilerI
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Monroe County hereby accepts the assigned, transferred and donated above-referenced
RaGa exemptions from Ocean Key and Ocean Sunrise.
MONROE COUNTY, F~DA, a
:;z~w~
MAYOR MARIO DE GENNARO
ATTEST this l,jJ day of A'tJ ost 2008.
DANNY L. KOLI-~AGE, CLERK
,Q.,,~ t,Q C LeI rJ<t/)t~j
Deputy Clerk
MONRO! CdUNfV AffElRNEY
I APPROVED AS TO ORM:
SUSAN M. GRIM EY /
Da!~S~IY~~~~NT);., ORNEY
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