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Resolution 373-2014MONROE COUNTY, FLORIDA RESOLUTION NO. 373 -2014 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN AND AMONG MONROE COUNTY; SUMMERLAND PALMS INVESTORS, LLC; COCO PALMS DEVELOPERS, LLC; SUNCREST INVESTORS, LLC (SUCCESSOR IN INTEREST TO SUNCREST LANDING, LLC AND SINGH INVESTORS, LLC); AND OCEANSIDE INVESTORS, LLC. THE DEVELOPMENT AGREEMENT BEING AMENDED WAS APPROVED BY THE BOARD OF COUNTY COMMISSIONERS AT A PUBLIC HEARING ON DECEMBER 11, 2013, AND RECORDED IN THE OFFICIAL RECORDS OF MONROE COUNTY ON DECEMBER 19, 2013. WHEREAS, at a public hearing held on December 10, 2014, the Monroe County Board of County Commissioners conducted a public hearing to review and consider a request filed by Attorney Barton W. Smith, on behalf of Summerland Palms Investors, LLC; Coco Palms Developers, LLC; Suncrest Investors, LLC; and Oceanside Investors, LLC for an amendment to a Development Agreement (Agreement) in accordance with Monroe County Code § 110-132, §110-133 and §130-161.1 and Florida Statutes §163.3220 et. seq., the "Florida Local Government Development Agreement Act"; and WHEREAS, the existing development agreement was approved by the Board of County Commissioners at a public hearing on December 11, 2013, and recorded in the official records of Monroe County on December 19, 2013; WHEREAS, the existing development agreement allows the transfer of 46 Residential Rate of Growth Ordinance (ROGO) exemptions — known as Transferable ROGO Exemptions (TRE's) - from sender sites at 24930 Overseas Highway owned by Summerland Palms Investors, LLC ("Summerland Site") (22 market -rate permanent TRE's); 21585 Old State Road 4A owned by Coco Palms Developers, LLC ("Cudjoe Site")(17 market -rate permanent TRE's); and 5176 Suncrest Road owned by Suncrest Landing, LLC ("Stock Island Site") (7 market -rate permanent TRE's) to a receiver site at 5950 and 5970 Peninsular Avenue owned by Oceanside Investors, LLC ("Oceanside"), in accordance with §130-161.1 of the Monroe County Code. On the sender sites, the residential dwelling units from which the transferred market -rate TRE's are derived shall be converted to, or replaced with, deed -restricted affordable housing; and Page 1 of 5 WHEREAS, the Agreement involves the redevelopment of the receiver site located on Peninsular Avenue, Stock Island, Florida. The site has historically been known as Key West Oceanside Marina (Oceanside); and WHEREAS, the following amendments are proposed to the existing agreement: 1. Include an adjacent property to the premises associated with the Oceanside Marina property (Block 46, Lots 30, 31 and '/2 Lot 32, Block 60, McDonald's Plat, having real estate #'s 00126210.000000, 00126220.000000 and 00126230.000000). The adjacent property is commonly known as the Hickory House property and Oceanside Investors, LLC has entered into a purchase and sale agreement with Monroe County; 2. Include an abandoned portion of Peninsular Avenue right-of-way to the premises associated with the Oceanside Marina property (a portion lying between Block 46 and Block 60). The abandonment was approved by the BOCC on June 30, 2014, as memorialized in Resolution # 116-2014; 3. Amend the acreage of the Oceanside Marina property to reflect the aforementioned adjacent property and abandoned road; 4. Amend the total number of hotel rooms allowed at the Oceanside Marina property from up to 5 hotel rooms to up to 17 hotel rooms; 5. Amend the conceptual site plan approved by the existing agreement to a) include the aforementioned adjacent property, abandoned road and development thereon the added land area; b) to modify the hotel buildings to accommodate 17 hotel rooms and c) extend the approved `boardwalk' along the western shoreline of the added adjacent property and abandoned road; 6. Allow the transfer of up to 12 vested transient residential dwelling units from Hawk's Cay on Duck Key (to fulfill ROGO requirements associated with up to 12 of the proposed 17 hotel rooms); 7. Replace Suncrest Landing, LLC, as a party to the agreement with its predecessor in interest, Suncrest Investors, LLC; 8. Replace Singh Investors, LLC, as party to the agreement with its predecessor in interest, Suncrest Investors, LLC; and WHEREAS, Stock Island the receiver site, located at 5948, 5950 and 5970 Peninsular Avenue, Stock Island, is legally described as Block 46, Lots 30, 31 and %2 Lot 32, Block 60, portions of Lots 1, 2 and 3, Block 61, portions of Lots 1, 2 and 3, the abandoned portion of Peninsular Avenue lying between Block 46 and Block 60, the abandoned portion of Maloney Avenue lying between Blocks 60 and 61, McDonald's Plat, also known as Maloney Subdivision (Plat Book 1, Page 55), having real estate #00126210.000000, #00126220.000000, #00126230.000000, #00127420.000000 and #00127420.000100; and WHEREAS, the Summerland Key sender site, located at 24930 Overseas Highway, Summerland Key, is legally described as Lot 55 and a portion of Lot 54, Summerland Yacht Harbor (Plat Book 2, Page 142), having real estate #00194741.000100, #00194741.000200, #00194741.000300, 400194741.000400, #00194741.000500, #00194741.000600, #00194741.000700, #00194741.000800, #00194741.000900, #00194741.001000, #00194741.001100, #00194741.001200, #00194741.001300, #00194741.001400, Page 2 of 5 #00194741.001500, #00194741.001600, #00194741.001700, #00194741.001800, #00194741.001900, #00194741.002000, #00194741.002100 and #00194741.002200; and WHEREAS, the Cudjoe Key sender site, located at 21585 Old State Road 4A, Cudjoe Key, is legally described as Lot 30, Sacarma (Plat Book 2, Page 48), having real estate #00174960.000000; and WHEREAS, the Stock Island sender site, located at 5176 Suncrest Road, Stock Island, is legally described as Lots 27 and 28, Sun Krest (Plat Book 1, Page 107), having real estate #00132680.000000; and WHEREAS, the development agreement is required as part of an affordable housing incentive program as set forth in § 130-161.1 of the Monroe County Code; and WHEREAS, the intent of the program outlined in §130-161.1 is to establish an appropriate incentive for mobile home park owners to maintain mobile home park sites, mobile home developments in Urban Residential Mobile Home (URM) and Urban Residential Mobile Home Limited (URM-L) districts, and contiguous parcels under common ownership containing mobile homes where any of the foregoing is presently serving as a primary source of affordable housing in Monroe County (any of the foregoing being an "eligible sender site") by providing an alternative development strategy to straightforward market -rate redevelopment; and WHEREAS, the program outlined in §130-161.1 allows the transfer of market -rate ROGO exemptions associated with lawfully established dwelling units now existing at an eligible sender site to be transferred to another site or sites in exchange for maintaining an equal or greater number of deed -restricted affordable dwelling units within Monroe County; and WHEREAS, the Monroe County Planning Commission held a public hearing at its meeting on November 19, 2014, which was the first of two required public hearings; and WHEREAS, based upon the information and documentation submitted, the Board of County Commissioners makes the following Findings of Fact: 1. The receiver site, commonly known as Oceanside Marina, 5950 and 5970 Peninsular Avenue, Stock Island, is located within a Mixed Use (MU) Land Use (Zoning) District. Further, it is designated within a Mixed Use / Commercial (MC) category on the Future Land Use Map (FLUM) and within a Tier III district on the Tier Overlay District Map; 2. The Summerland sender site, 24930 Overseas Highway, Summerland Key, is located within an Urban Residential Mobile Home (URM) Land Use (Zoning) District. Further, it is designated within a Residential High (RH) category on the Future Land Use Map (FLUM) and within a Tier III district on the Tier Overlay District Map; 3. The Cudjoe sender site, 21585 Old State Road 4A, Cudjoe Key, is located partially within Native Area (NA), Urban Residential Mobile Home (URM) and Suburban Page 3 of 5 Commercial (SC) Land Use (Zoning) Districts. Further, it is designated partially within Residential Conservation (RC), Residential High (RH) and Mixed Use / Commercial (MC) categories on the Future Land Use Map (FLUM) and within a Tier III district on the Tier Overlay District Map; 4. The Stock Island sender site, 5176 Suncrest Road, Stock Island, is located partially within Mixed Use (MU) and Native Area (NA) Land Use (Zoning) Districts. Further, it is designated partially within Mixed Use / Commercial (MC) and Residential Conservation (RC) categories on the Future Land Use Map (FLUM) and within Tier I or III districts on the Tier Overlay District Map (affordable housing would be located entirely within the Tier III portion of the site); 5. On July 30, 2013, the existing development agreement was reviewed by the Development Review Committee; 6. On November 15, 2013, the Monroe County Planning Commission held a public hearing, which was the first of two required public hearings, and recommended approval to the Board of County Commissioners of the existing development agreement, as memorialized in Planning Commission Resolution #P29-13; 7. On August 26, 2014, the amended development agreement was reviewed by the Development Review Committee; 8. On November 19, 2014, the Monroe County Planning Commission held a public hearing and recommended approval to the Board of County Commissioners of the amended development agreement, as memorialized in Planning Commission Resolution #P40-14; 9. Florida Statutes § 163.3220 authorizes Monroe County to enter into development agreements with landowners and/or governmental agencies to encourage a stronger commitment to comprehensive and capital facilities planning, ensure the provision of adequate public facilities for development, encourage the efficient use of resources, and reduce the economic cost of development; and WHEREAS, based upon the information and documentation submitted, the Board of County Commissioners makes the following Conclusions of Law: 1. The request is consistent with the provisions and intent of the Monroe County Code; 2. The request is consistent with the provisions and intent of the Monroe County Year 2010 Comprehensive Plan; 3. The request is consistent with the provisions and intent of the Lower Keys (MM 14.2 — 29.0) Livable CommuniKeys Plan; Page 4 of 5 4. The request is consistent with the Master Plan for the Future Development of Stock Island and Key Haven, also known as the Stock Island/Key Haven CommuniKeys Plan; 5. The request is consistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; 6. The development agreement is required as part of an affordable housing incentive program as set forth in § 130-161.1 of the Monroe County Code and furthers the provision of affordable housing in Monroe County; 7. The Agreement, among other things, is intended to and shall constitute a development agreement among the Parties pursuant to the Florida Local Government Development Agreement Act, Section 163.3223, et seq., Florida Statutes. 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 First Amendment to the Development Agreement. PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS of Monroe County, Florida, at a regular meeting held on the 1 Ot" of December, 2014. Mayor Danny L. Kolhage y PS Mayor pro tem Heather Carruthers y LS Commissioner Sylvia Murphy yt s �'3 0 Commissioner George Neugent y c S o Commissioner David Rice y t s m'x � on w BOARD OF COUNTY COMMISSIONERS zz M` OF MONROE COUNT ORID + _ T am BY: r OIL,41 _ � '� a anny olhage (SEAL ATTEST: AMY HEAVILIN, CLERK MONROE COUNTY ATTL;-i1. Deputy Clerk Vf ( fia TQ- STEVEN T. WILLIAMS ASSISTANTPO �TTY ATTORNF u, r— rn a 0 M n Page 5 of 5 Prepared by and return to: Gregory S. Oropeza, Esq. Attorney at Law Smith I Oropeza, P.L. 138-142 Simonton Street Key West, FL 33040 305-296-7227 File Number: 2013-152 Will Call No.: ��`�a, Parcel Identification No. 00132680-000000 DoCN 1958963 02/14/2014 3:28PM Filed Recorded iRecords or MONROEin HEAVILN 02/14/2014 3:28PM DEED DOC STAMP CL: Krys $5,250.00 Above This Line For Rccording Docq 1968963 Skill 2671 P9q 849 Warranty Deed (STATUTORY FORM - SECTION 689.02, F,S.) This Indenture made this 14th day of February, 2014 between Suncrest Landing, LLC, a Florida limited liability company whose post office address is P.O. Box 6002, Key West, FL 33040 of the County of Monroe, State of Florida, grantor*, and Suncrest Investors, LLC, a Florida limited liability company whose post office address is 1010 Kennedy Drive, Suite 302, Key West, FL 33040 of the County of Monroe, State of Florida, grantee*, Witnesseth that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Monroe County, Florida, to -wit: ON THE ISLAND OF STOCK ISLAND AND BEING LOTS NUMBERED 27 AND 28 OF SUN KREST SUBDIVISION, A SUBDIVISION OF A PART OF GOVERNMENT LOT 1, SECTION 34, TOWNSHIP 67 SOUTH, RANGE 25 EAST, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 107, PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. ANDALSO A PARCEL OF SUBMERGED LAND IN SECTION 35, TOWNSHIP 67 SOUTH, RANGE 25 EAST, STOCK ISLAND, MONROE COUNTY, FLORIDA, LYING SOUTHERLY OF AND ADJACENT TO LOTS 27 AND 28 OF SUN KREST SUBDIVISION, AS RECORDED IN PLAT BOOK 1, PAGE 107, PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SW CORNER OF SAID LOT 27, SAID SW CORNER BEING AT THE MEAN HIGH WATER MARK OF COW KEY CHANNEL; THENCE NORTHEASTERLY ALONG SAID MEAN HIGH WATER MARK TO THE SE CORNER OF SAID LOT 28 OF SUN KREST SUBDIVISION; THENCE SOUTHEASTERLY ALONG THE EXTENSION OF THE EASTERLY LINE OF SAID LOT 28, 221.0 FEET; THENCE WITH A DEFLECTED ANGLE TO THE RIGHT OF 1011 30' RUN WESTERLY 102.1 FEET, MORE OR LESS, TO THE INTERSECTION WITH SOUTHEASTERLY EXTENSION OF THE WESTERLY LINE OF SAID LOT 27; THENCE NORTHWESTERLY ALONG SAID SOUTHEASTERLY EXTENSION 210.0 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. • "Grantor" and "Grantee" are used for singular or plural, as context requires. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Exhibit 24 DoubleTimeo Signed, sealed and delivered in our presence: '.I I. I/�f'I r/ o rd State of Florida County of Monroe Doca 1968963 BkN 2671 PgN 850 Suncrest Landing, C By: Walter S. Holland, Jr., Managing ember B: Y Berta er (Corporate Seal) The foregoing instrument was acknowledged before me this l4th day of February, 2014 by Walter S. Holland, Jr., Managing Member and Roberta Holland, Managing Member of Suncrest Landing, LLC, on behalf of the corporation. They L] are personally known to me or [X] have produced a driver's license as identification. [Notary Seal] i •,tiFiE(iORV OROPEZA ?AWi ,4� AIY COMMISSION A EEo0595s EXPIRES: 80,dedThruNotary July 1,Zo 7 Pub C Underwrders J+`A. t C.J✓� Notary Public Printed Name: My Commission Expires: MONROE COUNTY OFFICIAL. RECORDS Warranty Deed (Srarurory Form) - Page 2 Exhibit 24 DoubleTimem Docn 1992171 07/29/2014 3:53PM Filed & Recorded in Official Records of MONROE COUNTY RMY HEAVILIN Petitioner: Oceanside Investors, LLC Docn 1992171 Bkv 2696 P90 895 MONROE COUNTY, FLORIDA RESOLUTION NO. 116 -2014 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RENOUNCING AND DISCLAEVIING ANY RIGHT OF THE COUNTY AND PUBLIC IN AND TO THAT PORTION OF THE RIGHT- OF-WAY OF THE WESTERN PORTION OF PENINSULAR AVENUE ON STOCK ISLAND THAT IS BOUNDED ON THE NORTH BY LOTS 30, 31 & THE WEST 1/2 OF LOT 32 IN BLOCK (SQUARE) 46 OF MALONEY SUBDIVISION, BOUNDED ON THE WEST BY A PLATTED SHORELINE OF MALONEY SUBDIVISION, AND BOUNDED ON THE SOUTH BY LOTS 1 AND 2 IN BLOCK (SQUARE) 60 OF MALONEY SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1 PAGE 55 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA WHEREAS, an application was filed by Oceanside Investors, LLC to abandon a portion of Peninsular Avenue on Stock Island that is located between Blocks 46 and 60 (west of the west 1/2 of Lot 32 in Block 46) in Maloney Subdivision, as recorded in Plat Book 1, page 55 of the Public Records of Monroe County, Florida; and WHEREAS, the Board of County Commissioners of Monroe County, Florida, desires to renounce and disclaim any right of the County and the public in and to the hereinafter right-of- way; and WHEREAS, due notice has been published and a public hearing l as been held in accordance with Chapter 336, Florida Statutes; and WHEREAS, at said public hearing, the Board considered the argument of all parties present wishing to speak on the matter, and considered the renouncing and disclaiming of any BOCC June 30, 2013 061914 Exhibit 25 Doco 1992171 8kq 2695 Pgq 895 right of the County and the public in and to the hereinafter described right-of-way as delineated on the hereafter described map or plat; and WHEREAS, the Board has determined that vacation of the said right-of-way is for the general public welfare, and conforms to the requirement of Sections 336.09 and 336.10, Florida Statutes; and WHEREAS, the Board makes the following Findings of Fact and Conclusions of Law: 1. For purposes of Monroe County Code Sections 19-1(a)(1)and (2) the water at the end of Peninsular Avenue is not "open water." 2. For purposes of Monroe County Code Sec. 19-1(a)(3) abandonment of the right-of- way does not preclude a way for the public to maintain access to the water. 3. By approving this resolution, Monroe County agrees to the abandonment as an affected property owner under Monroe County Sec, 19-1(b). 4. The applicant has agreed to pay any expenses associated with the road abandonment including but not limited to relocation of utilities and any required road improvements. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that it hereby renounces and disclaims any right of the County and public in and to the following described streets, alley- ways, roads, or highways as delineated on the hereafter described map or plat, to -wit: "Peninsular Avenue, lying between Block 46 and 60, South of Lots 30, 31 & the West 112 of Lot 32, in Square 46, according to Maloney's subdivision of a part of Stock Island, Monroe County, Florida, as recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, Florida, and being more particularly described as follows: Commence at the Southeast corner of Lot 35 of said plat, thence West along the North Right -of --way line of Peninsular Ave. for a distance of 175.00 feet to the Southeast corner of the said West 112 of Lot 32, and the Point of Beginning; thence continue West along the said North Right-of-way line of Peninsular Ave. for a distance of 195.00 feet, more or less to the platted shoreline per Maloney's subdivision; thence S 18'26'06" W along the platted shoreline for a distance of 63.64 feet to the South Right-of-way line of Peninsular Ave.; thence East along the said South Right-of-way line of Peninsular Ave., for a distance of 215.00 feet more or less to the Southerly extension of the East line of the said West 112 of Lot 32; thence North fora distance of 60.00 feet to the said North Right-of-way line of Peninsular Ave. and the Point f Beginning. Containing 12,300.00 square feet, more or less. " PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS of Monroe County, Florida, at a regular meeting held on the 30a' of June, 2014. BOCC June 30, 2013 061914 Exhibit 25 Doc# 1992171 Bk# 2696 P9" 897 Mayor Sylvia Murphy Yes Mayor pro tem Danny L. Kohlage No Commissioner Heather Carruthers Yes Commissioner George Neugent Yew_ Commissioner David Rice Abstained a N a C w J 4. or � o p — t3 t =UJ CM�j —Jo W ij Jw 'j a O BOCC June 30, 2013 061914 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY ORIDA ✓or ylvia Murphy Approved as to Form and Legal Sufficiency Assistant County Att ey igJ QGIIV STATE OF FLORIDA COUNTY OF MONROE This Copy is a True Copy of the Ckiginal pn File in this Of&L Witnaa my hand and OtTEcirl Sea6 ThIsr ] day of A.D., 20 AMY HEAlILIN By Exhibit 25 A � O 0 m4 -� O n_ a� m D Cn Q Doca 1992171 Bkp 2696 PgA 898 iyI/�M 1� EVVWM 'i FN STATE OF FLORIDA COUNTY OF MONROE Cooke Communications, LLC Florida Keys PO Box 1800 Before the undersigned authority personally appeared Tommy Todd, who on Key West FI 33041 oath says that he is Advertising Director of the Key West Citizen, a daily Office....305-292-7777 newspaper published in Key West, in Monroe County, Florida; that the Extension...x219 Fax attached copy of advertisement, being a legal notice in the matter of ....... 305-295-8025 legalsOkevsnews comtj j INTERNET PUBLISHING keywest.com \ n E' N(1V/(1G (tu G : 4 h� ` Y, keysnews.com V),A (L l 1 V c-_ floridakeys.com keywest.com Web Design Services was published in said newspaper in the issue(s) of NEWSPAPERS The Citizen Southernmost Flyer Florida Keys Free Press MARKETING SERVICES Commercial Printing Direct Mail FLORIDA KEYS OFFICES Printing / Main Facility 3420 Northside Drive Key West, FL 33040-1800 Tel 305-292-7777 Fax 305-294-0768 citiven'<t`keywest com Internet Division Tel 305-292-1880 Fax 305-294-1699 sales@keywest.com Upper Keys Office 91731 Overseas Hwy Tavernier, FL 33070 Tel 305-853-7277 Fax 305-853-0556 freepress@floridakeys.com a) Affiant further says that the Key West Citizen is a newspaper published in Key West, in said Monroe County, Florida and that the said newspaper has heretofore been continuously published in said Monroe County, Florida every day, and has been entered as second-class mail matter at the post office in Key West, in said Monroe County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation anv discount, rebate, commission o advertisement for publication in t L o� Sworn and subscribed before me this day of �I U 2014 Notary Public: \I• % � `� Y1 � .'� �1 L � In Dawn Kawzinsky Expires: 114116 4DAWN KAWZINSKY NOTARY PUBLIC STATE OF FLORIDA Comm# EE157233 '�PlExpires 1/4/2016 Notary Seal Personally Known x Produced Identification Type of Identification Produced Exhibit 25 Deoit 1992171 Bkp 2696 P90 699 NOODOPTION OF BE6411MOR NOTICE OF ADOPTION OF RESOLUTION RENOUNCING AND DISCLAIMING ANY RIGHT OF THE COUNTY OF MONROE OTRr?1U8UC_ IN ANOTO A CERTAIN STREET AS DELINEATED ON A CERTAIN RECORDED PLAT. NOTICE IS HEREBY GIVEN, pursuant to Chapter 336, Florida Statutes, that the Board of County Commissioners of Monroe County, Florida at a meeting held on June 30, 2014 duty adopted Resolution No. 116-2014, renouncing and dlscWming any right of the County of Monroe and Iry pudic In and to the following described streets, alleyways, roads or highways as delineated on the hereinafter describod map or pal, to wit: 'Peninsular Avenue, lying between Block 46 and 80, South of Lots 30, 31 k the West 112 of Lot 32, In Square 48, according to Maloney's subdivision of a part of Stock Island, Monroe County, Florida, as recorded In Plat Book 1, Page 66, of the Public Records of Monros County, Florfds, and Wng more particularly described as follows: Commence at the Southeast eorner of Lot 35 of said plot, thence West along the North Rlghhof,may line of Peninsular Ave. fnra distance of 175.00 feet to the Southeast comer of the said West 1 n of Lot 32, and the Point of Beginning; thence continue West along fhb said North Rlghtcf-wry line of Peninsular Ave. to, . diets nce of 19&00 feetrrrldrd or less to the platted shoreline per Maloners_ subdivision; therm 8 I BW'06' W along tie Ta-W shoreline for a distance of ,b3.64 Mt to the 8o-IIlfr^ - Rrghl-of,"y Ilne of Peninsular Ave.; thanoa'iltet —vkorwg the sold _ Rightof-way tine of Anfnsulu Avr.,fora distance of 215.00 Het more or fees to the Sduuwty extension of the East fine of tpeflCSWest iR of Lot 32; thancsALorth for a distance of SO -DO feel to the said North Right-ct,wsy line of Peninsular Ave. and the Point otilegh"g. Containing 12,300.00 square feet, more or Ins' Dated at Marathon, Florida, this 2nd Day of July, 2014. AMY HEAVILIN, Clerk of the Clrcult Court and ax offiddo Clerk of the Board of County Commissioners of Monroe County Florida July 7, 2014 Key West Citizen MONROE COUNTY OFFICIAL RECORDS Exhibit 25 Prepared by and return to: Erica N. Hughes -Sterling Attorney at Law Spottswood, Spottswood & Spottswood 500 Flendng Street Key West, FL 33040 305-294-9556 File Number: 06-335-JB Doep 1615450 11/30/2006 4;13PM Filed a Recorded In Offlclal Record& of MONROE COUNTY DANNY L, KOLMAGE DEE'DaDOCeSTAMP tCLM PW Above This Une For Recording Datal Warranty Deed $21,a75.00 Doetl 16%5450 Skp 2255 Pgd 1923 This Warranty Deed made this 28th day of November, 2006 between Melodye Reger a/Wa Melody Reger, a single woman whose post office address is 100 Bay Drive, Key West, FL 33040, grantor, and Monroe County, a political subdivision of the State of Florida whose post office address is 1100 Simonton Street, Key West, FL 33040, grantee: (whenever used heroin the terms "grantor" and "grantee" Include all the parties to this instrument and the heirs, legal representatives, and elsigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Monroe County, Florida to -wit - Lots 30, 31 and the West 1/2 or Lot 32, In Square 46, according to Maloney's subdivision of a part of Stock Island, Monroe County, Florida, as recorded In Plat Book 1, Page 55, of the Public Records of Monroe County, Florida. Parcel Identification Number: 00126230-000000; 00126220-000000; 00126210-000000 Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2005. In Witness Whereof, grantor has hereunto set grantors hand and seal the day and year first above written Si scaled and deliv ed in.pur presence: Witnes�i Witness State of Florida County of Monroe t Cal) - Jl�lodyc Reger The foregoing instrument was acknowledged before me this 28th day of November, 2006 by Melody& Reger, who L] is personally known or [X] has produced a drivers license as identification. [Notary Sea]] Notary P blic (��xJ err"'� Mary ELtrr rso Printed Name: MAW E. TURSO Commis0D398273 Expires 30, 2009 My Commission Expires: o. ,,,,s aroaatrou MONROE COUNTY OFFICIAL RECORDS Oouble"11 nee Exhibit 26 W >-- O ►- �z OO o .- o N - L-i cn w� ' o0 ? tt Oil i „ ASS Wr \f \d S \1 m a j y- 1 , C \ ! z =-I i LA 01 ,Dlvl'1 & � N o f\ ° e ////�� • .� V♦ e O 3 � ------------------------------------ E , — r-------- i i M `,, Ef1eG4li - ...........................L................... % It / • __-- ` i E -•-- ,, .a19EE16E 0 • , j ii lS�6AI a , ' ` ---------- --- ----- -------- --------- ------------ AMW I I T -2 O — O Q 2ts '� QY cm of IOlvri N s `- "rrrrrrrrrNwrN w F aRn`� Fa��eas� < d f3 k O vy �� �SSSSiS� r;r bt CNN j q r j 1112, "�?� ! i w'1 !3 • arse A 1 � '• `' r 1��i ' �� i �a ;I 1 s �da I � a, Oh ,RV: • 4, , • i!. sl` _i_'^�Wlnl^.. pen , k �� . � p y u u.r .v — 4 __1 _. 'i--bra _..• sr 1 _ ♦ 3f1N3AV A3 -- '�--1 i a �o r__.._— n ----___� � gyp. � I �_"j { � ! I LJ •1 J ♦ D I on Jt N 1, � k• h ` � Ali � ;. � � i � o i II U � I B I ' si ' of 1i, R FIRST AMENDMENT TO DEVELOPMENT AGREEMENT THIS FIRST AMDENDMENT TO DEVELOPMENT AGREEMENT ("First Amendment") is entered into by and between Monroe County, Florida, a Political Subdivision of the State of Florida ("Monroe County"), Summerland Palms Investors, LLC, a Florida limited liability company ("Summerland Palms"), Coco Palms Developers, LLC, a Florida limited liability company, ("Coco Palms Developers"), Suncrest Investors, LLC, a Florida limited liability company ("Suncrest") as successor in interest to Singh Investors, LLC and Suncrest Landings, LLC, Florida limited liability companies, and Oceanside Investors, LLC, a Florida limited liability company ("Oceanside Investors") (collectively, the "Parties") pursuant to Sections 110-132, 110-133, 130-161.1 of the Monroe County, Florida Code of Ordinances ("Monroe County Code") and the Florida Local Government Development Agreement Act, Florida Statutes Sections 163.3220-163.3243 (2013) and is binding on the "Effective Date" set forth herein: The Parties hereby agree as follows: WITNESSETH: I. RECITALS A. This First Amendment provides for the inclusion of real property located at 5948 Peninsular Avenue, Stock Island, Monroe County, Florida which is commonly referred to as the Hickory House ("Hickory House"), development of a boardwalk along the Hickory House, transfer of vested Transient Residential Dwelling Units correspondent to twelve (12) bedrooms and twelve (12) bathrooms from Hawk's Cay, and for an increase in total Transient Residential Dwelling Units permitted to be developed at property located at 5948, 5950 and 5970 Peninsular Avenue, Stock Island, Monroe County, Florida ("Oceanside Property"). B. All Parties have the authority to enter into this Agreement through Florida Statutes Chapter 163 and the sole and undivided ownership of the Properties. C. Section 163.3220, Florida Statutes, 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. D. This 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 ("Act"). E. The Parties recognize that the public noticing and hearing procedures shall follow the requirements of Section 163.3225, Florida Statutes, which requires the local government to conduct two public hearings, one of which may be before the Planning Commission. 44 SCANNED 1 F. Monroe County finds that entering into this First Amendment furthers the purposes, goals, objectives and policies of the Monroe County Comprehensive Plan which contains goals and objectives that seek to encourage the provision of affordable housing through incentive programs and regulations (including but not limited to Goal 601, Objective 601.1, Objective 601.2 and Objective 601.6). G. The Parties, with the exception of Suncrest, but including Suncrest's predecessor in interest, Suncrest Landing, LLC and Singh Investors, LLC, entered into a Development Agreement with the County dated December 5, 2013 ("Development Agreement") providing for the redevelopment of the Oceanside Property. H. After entering into the Development Agreement, Suncrest was assigned the purchase and sale agreement previously held by Singh Investors, LLC to purchase the real property owned by Suncrest Landing, LLC, and located at 5176 Suncrest Road, Stock Island, Monroe County, Florida ("Suncrest Property"), which property is subject to the Development Agreement. I. On February 14, 2014 Suncrest Investors, LLC acquired the Suncrest Property from Suncrest Landings, LLC, and Suncrest Investors, LLC is now a necessary party to the Development Agreement. A copy of the Warranty Deed evidencing Suncrest's ownership is attached hereto as Exhibit 24. J. On July 16, 2014, Monroe County, pursuant to Monroe County Resolution 116-2014, approved to be abandoned the right-of-way between the Hickory House and Oceanside Property ("Abandoned Road") more particularly described as: Peninsular Avenue, lying between Block 46 and 60, South of Lots 30, 31 & the West '/2 of Lot 32, in Square 46, according to Maloney's subdivision of a part of Stock Island, Monroe County, Florida, as recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, Florida, and being more particularly described as follows: Commence at the Southeast corner of Lot 35 of said plat, thence West along the North Right-of-way line of Peninsular Ave. for a distance of 175.00 feet to the Southeast corner of the said West'/2 of Lot 32, and the Point of Beginning; thence continue West along the said North Right-of-way line of Peninsular Ave. for a distance of 195.00 feet, more or less to the platted shoreline per Maloney's subdivision; thence S 18°26'06" W along the platted shoreline for a distance of 63.64 feet to the South Right-of-way line of Peninsular Ave.; thence East along the said South Right-of-way line of Peninsular Ave., for a distance of 215.00 feet more or less to the Southerly extension of the East line of the said West '/2 of Lot 32; thence North for a distance of 60.00 feet to the said North Right-of- way line of Peninsular Ave. and the Point of Beginning. A copy of Monroe County Resolution 116-2014 is attached as Exhibit 25. K. Since the effective date of the Development Agreement, Oceanside Investors has entered into a purchase and sale agreement with Monroe County to purchase the Hickory House. 2 L. The Hickory House is generally described as follows: 1. The Hickory House Property is legally described as Lots 30, 31 and the West 1/2 of Lot 32, in Square 46, according to Maloney's Subdivision of a part of Stock Island, Monroe County, Florida, as recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, Florida. and that certain County -owned abandoned right of way in accordance with Resolution No. 116-2014 comprising a part of Peninsular Avenue, Stock Island, Key West, Florida 33040 is more particularly described as: Peninsular Avenue, lying between Block 46 and 60, South of Lots 30, 31 and the West 1/2 of Lot 32, in Square 46, according to Maloney's subdivision of a part of Stock Island, Monroe County, Florida, as recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, Florida and being more particularly described as: Commence at the Southeast corner of Lot 35 of said plat, thence West along the North right-of-way line of Peninsular Avenue for a distance of 175.00 feet to the Southeast corner of the said West 1/2 of Lot 32, and the Point of Beginning; thence continue West along the said North right-of-way line of Peninsular Avenue for a distance of 195.0 feet, more or less to the platted shoreline per Maloney's subdivision; thence S 18°26'06" W along the platted shoreline for a distance of 63.64 feet to the South right-of-way line of Peninsular Avenue; thence East along the said South right-of-way line of Peninsular Avenue, for a distance of 215.0 feet more or less to the Southerly extension of the East line of the said West 1/2 of Lot 32; thence North for a distance of 60.00 feet to the said North right-of-way line of Peninsular Avenue and the Point of Beginning. A copy of the Warranty Deed evidencing Monroe County's ownership of the Hickory House is attached as Exhibit 26. 2. As of the date of this Agreement, the Hickory House is assessed by the Monroe County Property Appraiser as real estate numbers 00126210-000000, 00126220- 000000, 00126230-000000. 3. Historically, the Hickory House was used as a restaurant and marina. 4. The Hickory House Property currently has a Mixed Use ("MU") Land Use (Zoning) District designation and a corresponding Mixed Use Commercial ("MC") Future Land Use Map designation. A copy of the Land Use District Map and Future Land Use Map for the Hickory House is attached as Exhibit 27. 5. The Hickory House currently has a Tier Overlay District Designation of Tier III. 6. The Hickory House consists of 29,447.55 square feet of upland. M. As part of the purchase and sale agreement for the Hickory House, Oceanside Investors and Monroe County agreed that Oceanside Investors shall make an application to amend 3 the Development Agreement to include the Hickory House and the Abandoned Road and provide for development of a boardwalk along the Western edge of the Hickory House and Abandoned Road. N. Oceanside Investors desires to increase the total number of Transient Residential Dwelling Units permitted to be developed on the Oceanside Property. O. Village at Hawk's Cay, Inc. ("Hawk's Cay") owns vested Transient Residential Dwelling Units associated with twelve (12) bedrooms and twelve (12) bathrooms, which were legally vested in Hawk's Cay prior to July 13, 1992 by virtue of a Development of Regional Impact approval, as amended ("Hawk's Cay DRI"), and is still valid pursuant to the Agreement for the Built -Out Hawk's Cay DRI entered into by and between Monroe County, Hawk's Cay and DEO on January 8, 2004. 1. The Hawk's Cay DRI memorialized the existence of development rights correspondent to six hundred fourteen (614) transient bedrooms and six hundred twenty-six and one half (626.5) bathrooms on real property owned by Hawk's Cay. 2. Of the six hundred fourteen (614) transient bedroom development rights and six hundred twenty-six and a half (626.5) bathroom development rights established pursuant to the Hawk's Cay DRI, six hundred two (602) transient bedrooms and six hundred twelve and one half (612.5) bathrooms were built out or transferred to third parties. 3. As a result, Hawk's Cay possesses twelve (12) vested Transient Residential Dwelling Units, defined as rooms under Monroe County Code ("Hawk's Cay Vested Development Rights"). 4. Pursuant to Monroe County Code Section 138-22(7), landowners with a valid, unexpired development of regional impact approval granted by Monroe County prior to July 13, 1992, shall be exempt from the residential ROGO system. As a result, the Hawk's Cay Vested Development Rights are eligible for transfer to the Oceanside Property. P. Oceanside Investors and Hawk's Cay desire to transfer and develop the Hawk's Cay Vested Development Rights at the Oceanside Property. II. PURPOSE A. The overall purpose of this First Amendment is to include the Hickory House and Abandoned Road as part of the Oceanside Property receiver site, provide for development of a boardwalk along the Eastern edge of the Hickory House and Abandoned Road, to memorialize the eligibility of the Hawk's Cay vested development rights for development on the Oceanside Property, and to increase the amount of Transient Residential Dwelling Units permitted to be developed on the Oceanside Property. 4 NOW, THEREFORE, the First Amendment is approved as follows: III. TERMS OF AGREEMENT A. Recitals. The recitals explaining the intent and purpose of the First Amendment as set forth in the preceding clauses are incorporated herein and form a material part of the Development Agreement and this First Amendment. The Parties recognize the binding effect of Fla. Stat. §§163.3220-163.3243, as to the form and content of the Development Agreement and First Amendment and in accordance therewith set forth and agree to the following. B. Amendments. The Development Agreement is hereby amended as follows (additions are underlined and deletions are spiel ough: 1. Section I.N.7 is hereby deleted in its entirety. 2. Section II.J is hereby amended as follows. J. Summerland Palms, Coco Palms Developers, Singh Investors, Suncrest and Oceanside Investors have authorized Barton W. Sffgth, Esq. Pritam Singh to execute this Agreement on their behalf. ,_ ' 3. Section III.D.1.e. is hereby amended as follows: e. The redevelopment of the Oceanside Property includes the addition of up to 78 new, market rate residential dwelling units, which may be used as vacation rentals, up to 5 17 new hotel rooms, a new restaurant, and other improvements related to the existing marina and accessory development. The residential density would not exceed 100 permanent residential units and -5 17 transient units. Not including accessory structures related to the residential uses, the nonresidential intensity shall not exceed 40,000 square feet. 4. Section III.D.l.f. is hereby amended as follows: f. the height of any new structure associated with the redevelopment of the Oceanside Property shall not exceed 35 feet, aeeer-ding except as provided by Monroe County Code, as amended. For purposes of determination of grade of the Oceanside Property, grade shall be 5.3 feet NGVD as identified on the survev attached as Exhibit 28. 5. Section III.G. is amended as follows: Development Allowed. The following specific criteria are those which will guide development of the Properties, and are standards by which any further approvals shall be measured and shall be as follows: 5 a. The Oceanside Property consists of 1-9.84 20.06 gross acres consisting of 11. 18 12.06 acres of upland and 8.0 acres of submerged land. There currently exist twenty-two (22) market -rate residential dwelling units, in the form of condominium units on the property. b. Oceanside Investors is permitted to transfer thirty-two (32) market -rate TRE's along with thirty-two (32) TDR's to the Oceanside Property pursuant to the Development Order #02-07. c. After an equivalent number of deed restricted affordable housing units are established on the Summerland Palms Property, Summerland Investors is permitted to transfer market -rate TRE's associated with lawfully established mobile homes from the Summerland Palms Property sender site to the Oceanside Property receiver site pursuant to Monroe County Code Section 130-161.1. d. After an equivalent number of deed restricted affordable housing units are established on the Cudjoe Coco Palms Property, Coco Palms Developers is permitted to transfer the market -rate TRE's associated with lawfully established mobile homes from the Cudjoe Coco Palms Property sender site to the Oceanside Property receiver site pursuant to Monroe County Code Section 130-161.1. e. After an equivalent number of deed restricted affordable housing units are established on the Stock Island Suncrest Property, Suncrest is permitted to transfer the market - rate TRE's associated with lawfully established mobile homes from the Stock Island Suncrest Property sender site to the Oceanside Property receiver site pursuant to Monroe County Code Section 130-161.1. f. Hawk's Cay has transferred to the Oceanside Property, and Oceanside Investors is permitted to develop on the Oceanside Property, the Hawk's Cay Vested Development Rights, consisting of twelve (12) bedrooms and twelve (12) bathrooms. f-.g. Provided such development can be designed and approved by all applicable codes, including but not limited to the Monroe County Code and Florida Building Code, Oceanside Investors is permitted to develop the following buildings, facilities and structures on the Oceanside Property pursuant to this Agreement: In addition to the already existing twenty-two (22) attached, market -rate residential dwelling units, up to seventy-eight (78) new attached, market -rate residential dwelling units, each of which may be configured to include a separately rentable "lockout" consisting of no more than one (1) bedroom and one (1) bathroom, all of which may be used for vacation rental use, provided Oceanside Investors constructs and 1) installs and maintains a gated entrance and 2) establishes a homeowner's or property owner's association that expressly regulates or manages vacation rental uses. ii. A hotel with up to five (5) seventeen (17) new hotel rooms. 11 iii Eight (8) existing wet slips that have existed for over 40 years but have not been properly permitted. Twenty percent (20%) of Oceanside Investors' wet slips shall be restricted to use by commercial fishing vessels. iv. A restaurant with up to 150 seats and up to 3,859 square feet of floor area. v. Additional amenities ancillary and accessory to the vacation rental and hotel use, including a lobby, gatehouse, offices, fitness center, bath house, maintenance, housekeeping and watersports consisting of up to 9,352 square feet as depicted on plans submitted with this Agreement. vi. A marina store, dock master, and watersport offices consisting of up to 1,973 square feet as depicted on plans submitted with this Agreement. vii. Parking areas and landscaping viii. Public access is permitted to the Oceanside Property, Hickory House and Abandoned Road waterfront boardwalk as depicted on the conceptual site plan attached to this Agreement as Exhibit 29, which shall be open to the public free of charge 7:00 a.m. to dusk three hundred sixty-five (365) days per year. Oceanside Investors may establish and enforce reasonable rules related to use of the waterfront boardwalk and conduct by the public while using the waterfront boardwalk from 7 a.m. to dusk. Oceanside Investors agrees that no physical barrier may be erected to close off access or create the appearance that access during daylight hours is restricted. This condition shall survive the expiration of the Agreement. 5. Section III.I is hereby amended as follows: I. Rental License. Monroe County Code Section 23-85 requires each person engaged in the business of renting accommodations, including vacation rentals and other public lodgings licensed pursuant to Chapter 509, Florida Statutes, to pay a business tax and to obtain annually a business tax receipt for each place of business at which the rental occurs. Each of the new seventy-eight (78) residential dwelling units and each of the lockouts within such units engaged in Vacation Rental use shall be deemed a "place of business" subject to taxation under Monroe County Code Section 23-85. Oceanside Investors, its successors and assigns, so long as all or a portion of the property is used for vacation rentals, shall pay the business tax imposed pursuant to Monroe County Code Section 23-85 for each vacation rental unit and for each lockout utilized for or held out as public lodging, in addition to the five {3} seventeen (17) hotel rooms. Pursuant to this Agreement, Oceanside Investors will be required to obtain a total of one hundred sixty one (161)one hundred seventy-three (173) business tax receipts, consisting of one receipt for each dwelling unit, one receipt for each lockout, and one receipt for each hotel room and shall 7 pay the business tax for each unit, lockout, and hotel room being utilized in the business of Vacation Rental annually. The tax collector may not accept the tax or issue receipts for the business tax unless the vacation rentals are licensed pursuant to Ch. 509, Florida Statutes. 6. Section III.M is hereby amended as follows: M. Site Plan Approval: Monroe County does hereby accept the conceptual site plan of the Oceanside Property. The conceptual site plan is attached as Exhibit —2-329, and supersedes the previously accepted conceptual site plan which was attached to the Development Agreement as Exhibit 23. The development shall be consistent with all applicable codes, including but not limited to the Monroe County Comprehensive Plan and Monroe County Code. Following a review of compliance with such codes, the final site plan must be approved by the Monroe County Planning Commission as an amendment to the Property's major conditional use permit. The Planning Commission has final authority over the development approval and the site plan which may be amended by the Planning Commission. C. Effect of First Amendment to Development Agreement. Except as expressly modified in this First Amendment, all terms and provisions in the Development Agreement for the Parties remain unchanged and continue in full force and effect. D. Recording. Monroe County shall record this Agreement with the Clerk of the Circuit Court of Monroe County within fourteen (14) days following signature by all Parties. Oceanside Investors agrees that it shall be responsible for all recording fees and other related fees and costs related to the recording and delivery of this Agreement as described in this section. The provisions hereof shall remain in full force and effect during the term provided herein and shall be binding upon all successors in interest to the Parties to this Agreement. E. Conflicting Resolutions. All resolutions or parts thereof in conflict with the provisions of this Agreement and its resolution are hereby repealed to the extent of such conflict. F. Severability. If any part of this Agreement is contrary to, prohibited by, or deemed invalid under any applicable law or regulation, such provisions shall be inapplicable and deemed omitted to the extent so contrary, prohibited, or invalid; however, the remainder of the Agreement shall not be invalidated thereby and shall be given full force and effect as if the contrary, prohibited, or invalid provision was never a part hereof. G. Effective Date. The "Effective Date" of this Agreement is thii4y (45) days after- the Aff-air-s pursuant to Chapter- 390, Florida Statutes, and if appealed, until the appealed is feselvedJanuary 22, 2014. 8 [REMAINDER OF PAGE INTENTIONALLY BLANK. SIGNATURE PAGES TO FOLLOW.] IN WITNESS WHEREOF, the Parties hereto have set their hands and seals on the day and year below written. Summerland Palms Investors. LLC Title: 4/!401 Date: /—Z o `- Suncrest Investors LLC Title: Date: !Z/oZ/ i Oceanside Inv tors, LLC By - Title: Ni! re Date: Coco Palms Deve B Title: . r� Date: /ova State of �t/ov� County of 10 The foregoing instrument was acknowledged before me on this <'D day of 2014, by PRITAM SINGH, the managing member of Summerland Palms Investors, LLC, Suncrest Investors, LLC, Oceanside Investors, LLC and Coco Palms Developers, LLC. He is personally known to me did not take an oath. �7 � MAYRA TEZANUS u V glow -; Notary Public - State c' Florida • My Comm. Expires May 19.2016 Commission # EE 16B590 Bonded Throuq tional Notar n. Monroe County """" ty Board of County Commissioners MAYOR DANNY L. KOLHAGE M NROE COUNTY ATTORNEY ED A O.FORM: XMY. W STEVEN T. WILLIAMS ASSISTANT C UNTY ATTORNEY Date 49 I /' 11