Consent to Assignment 12/09/2015 AMY HEAVILIN, CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
'S ,,,,\\ MONROE COUNTY,FLORMA
.
DATE: December I&, 2015
TO: Mayra Tezanos, Executive Administrator
FROM: Cheryl Robertson Executive Aide to the Clerk of Court & Comptroller &nets dl
At the December 9, 2015 Board of County Commissioner's meeting the Board granted approval and
authorized execution of Item H6 Approval of Consent to Assignment and Assumption of Development
Agreement consenting to the assignment of rights and obligations under the Development Agreement
between Monroe County and Northstar Resort Enterprises Corp.("Northstar") to Cheeca Holdings, LLC
("Cheeca").
--....-._..
Please forward to the Clerk d copy of the recorded agreement
\_
cc: County Attorney
Finance
yan
500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fax:305-295-3663
311 7Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fox:305-289-6025
88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fox:3 05-852-71 4 6
Prepared by and Return to:
Peter H. Morris,Assistant County Attorney
Monroe County Attorney's Office,FBN 104101
2798 Overseas Highway, Marathon,FL 33050
Mont s-Peter aAMonroeCounty-FL.eov
CONSENT TO ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT
THIS CONSENT TO ASSIGNMENT AND ASSUMPTION OF EVELOPME?AJT� AGREEMENT (hereinafter
"Consent to Assignment")is made and entered into as of this '1 day of Lee.. 2015), by
the Monroe County Board of County Commissioners (hereinafter "County"), NORTHSTAR RESORT
ENTERPRISES, CORP., a Florida corporation (hereinafter "Assignor"), having an address at 99010 Overseas
Highway, Key Largo, FL 33037, and CHEECA HOLDINGS, LLC, a Delaware limited liability company
(hereinafter"Assignee"), having an address at 199 East Pearl Street, Suite 103,Jackson, Wyoming 83001.
WHEREAS, the County and Assignor entered into that certain Development Agreement between the
County and Assignor (hereinafter "Development Agreement") dated November 16, 2011, and recorded at Book
2543, Page 959, Document Number 1859469, of the Public Records of Monroe County, Florida, a true and
correct copy of which is attached hereto as Exhibit "A" to this Consent to Assignment and incorporated herein;
and
WHEREAS, Assignor is the fee simple title owner of the real property known as "the Resort Site"
described on Exhibit"A"to the Development Agreement, recorded at Book 2543, Page 959, specifically inclusive
of pages at Book 2543, Pages 975 through 981, Document Number 1859469, of the Public Records of Monroe
County, Florida; and
WHEREAS, Assignor wishes to assign to Assignee all of Assignor's right(s), title, and interest(s)
(hereinafter `Bights"), and obligations, duties, responsibilities, conditions, and restrictions (hereinafter
"Obligations") in and to said Development Agreement, and Assignee wishes to assume all of the Rights and
Obligations of Assignor in and to said Development Agreement;and
WHEREAS, as used herein, "Assignment" means the Assignment of no less than all of Assignor's
Rights and Obligations under said Development Agreement to Assignee;and
WHEREAS, pursuant to Florida Statutes Sections § 163.3220-163.3243 (hereinafter "Florida Local
Government Development Agreement Act"), Monroe County Code Article V., Sections §§ 110-132-133, and
Section M. of said Development Agreement, recorded at Book 2543, Page 971, of said recorded Development
Agreement, ,the County desires to grant its written approval for said Assignment to occur;and
WHEREAS, this Consent to Assignment and the Assignment of Rights and Obligations of a
Development Agreement are consistent with the Monroe County Comprehensive Plan and the Monroe County
Land Development Regulations; and
WHEREAS, the County, as party to said Development Agreement, hereby approves such Consent to
Assignment;
NOW,THEREFORE, in consideration of above-referenced Section M. of said Development Agreement
and the promises and covenants herein,together with other good and valuable consideration,the adequacy,
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sufficiency,and receipt of which are hereby acknowledged,the undersigned parties agree as follows:
1. The foregoing recitals are true and correct and are hereby incorporated as if fully stated herein.
•
2. This Consent to Assignment only confers County consent to Assignment of all of Assignor's Rights and
Obligations under said Development Agreement to Assignee, and shall neither operate to nor be construed as
confer(ring)consent to less than all of Assignor's Rights and Obligations under said Development Agreement
to Assignee.
3. This Consent to Assignment, or portions hereof, cannot itself or themselves be amended,assigned,conveyed,
modified, or transferred, unless the County agrees, consents, and joins in writing thereto, and any such
amendment, assignment, conveyance, modification, or transfer must be executed in writing by the County
and, as applicable, Assignor, and/or Assignee, or, if applicable, by both the County and the assign(s) or
successor(s)in interest to the,as applicable,Assignor,and/or Assignee.
4. In the event Assignor fails to convey fee simple title of the real property legally described on Exhibit `B"to
this Consent to Assignment to Assignee, incorporated herein, by December 31, 2016, this Consent to
Assignment shall be of no force and effect upon January I, 2017.
5. In the event Assignor so fails to convey fee simple title of the real property legally described on Exhibit`B"
to this Consent to Assignment to Assignee by December 31, 2016, or should the contemplated transaction
between Assignor and Assignee be terminated as evidenced by an affidavit properly executed and notarized
by Assignor, the County, Assignor, and Assignee, and all third-parties shall be entitled to treat all of
Assignor's Rights and Obligations in and to said Development Agreement as having reverted from Assignee
back to Assignor as if this Consent to Assignment and an Assignment and/or conveyance effectuating
Assignment had never been mutually executed by and between the undersigned parties and/or the parties to
such conveyance effectuating Assignment.
6. Assignor must formally notify the County of its Assignment to Assignee made pursuant to this Consent to
Assignment, must formally notify the County of its conveyance to Assignee of fee simple title of the real
property made pursuant to this Consent to Assignment and legally described on attached Exhibit `B," and
must notify the County of termination of the contemplated transaction between Assignor and Assignee by
affidavit as set forth in Paragraph 5 above, with a copy of said affidavit enclosed, by U.S. Postal Service
Certified Mail,return receipt requested, in the following form and address:
Monroe County Administrator
Attn: Development Agreement between Monroe County and Northstar Resort Enterprises,Corp.
1100 Simonton Street
Key West, FL 33040
With a copy to: Monroe County Planning&Environmental Resources Department
Attn: Senior Director- Attn: Development Agreement between Monroe County and Northstar Resort
Enterprises,Corp.
2798 Overseas Highway,Marathon, FL 33050
2 of 6
With a copy to: Monroe County Attorney
Attn: Development Agreement between Monroe County and Northstar Resort Enterprises,Corp.
P.O. Box 1026
Key West, FL 33041-1026
7. This Consent to Assignment neither operates to nor may be construed as add(ing) to, extend(ing),
modify(ing), or rescind(inding) any term(s), covenant(s), condition(s), provision(s), requirement(s), and
restriction(s)of said Development Agreement.
8. No person(s) or entity(ies) shall be entitled to rely upon the condition(s), provision(s), requirement(s), or
term(s) of this Consent to Assignment to enforce or attempt to enforce any third-party claim(s) or
entitlement(s)to or benefit(s)of any service or program contemplated hereunder.
9. No condition(s), provision(s), or term(s) of this Consent to Assignment shall be deemed to be a covenant or
agreement of any officer, member, employee, or agent of the County in his or her individual capacity, and no
officer,member,employee, or agent of the County shall be liable personally in this Consent to Assignment.
10. This Consent to Assignment shall neither operate to nor may be construed as constituting permit authorization
for or approval of development(hereinafter"Work")pursuant to said Development Agreement, and any such
Work shall be subject to all applicable federal, state, Monroe County, and local legal, permitting, and
regulatory requirements.
11. This Consent to Assignment shall be governed by and construed in accordance with the Laws of the State of
Florida and the United States. Exclusive venue for any dispute arising under this Consent to Assignment shall
be in the Sixteenth Judicial Circuit in and for Monroe County, Florida, Assignor and Assignee hereby
expressly waive their rights to a jury trial and any rights they may have to bring a claim against the County
for injury or damage allegedly caused by the action or inaction of the County under this or pursuant to this
Consent to Assignment,and this Consent to Agreement shall not be subject to arbitration.
12. Each party agrees that they have authority to execute this Consent to Assignment on behalf of each party and
represents and warrants that such person has the full right and authority to enter into this Consent to
Assignment on behalf of such party and to fully bind such party to the terms and obligations of this Consent
to Assignment.
13. The Assignee shall record this Consent to Assignment in the Public Records of Monroe County, Florida, no
later than 30 days after the County's initial approval of the same.
14. The Assignee shall solely pay any and all costs and expenses associated with such recordation.
15. This Consent to Assignment and the Resolution approving such Consent to Assignment shall take effect upon
its proper recordation by Assignee.
16. This Consent to Assignment may be executed in two or more counterparts, each of which shall be deemed an
original, but all of which together shall constitute one and the same executed instrument.
17. The effective date of this Consent to Assignment shall be the same as the County's date of execution of this
3 of 6
Consent to Assignment.
IN WITNESS WHERFff, the undersigned executed this Consent to Assignment and Assumption of Development
Agreement this 7 day of L) Ci ,2015.
MONROE COUNTY BOARD OF e,�
COUNTY MMISSIONERS
- � + HEAVILIN, CLERK
By: tK 17i a
ayor eather arruthers
Mo eCoun omey
Ap roved as too Form:
BY: eV.
Peter H.Morris.Assistant County Attorney
MOAP PPPRROVED AS TO COUNTY F ATTORNEY FORM
PETER MORRIS
ASSISTANT COUNTY ATTORNEY
Date: ((/f t f`o/r
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ASSIGNOR:
NORTHSTAR RESORT ENTERPRISES CORP.,a Florida corporation,
WITNESSES AS TO ALL: Signed,',�� sealed and delivered
r^xtfls IJ C,4e)ALIEn) `0CM r?JO Q 0rr0, 7 c2 P.
W,ltgess No. 1 (Prinnt Name) (Pri t Name)
04-
Witness No. I (Signature) (Si ature)',/
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Witness No. 2 (Print N e) Date(Print)
«.e " sei �.�.�� 14eE Pileg/DewT
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7 ess No. 2 (Signature) Authorized Official Capacity (Print Title of Authorized Capacity/Position)
STATE OF
COUNTY OF ///nernrOe
The foregoing instrument, Consent to Assignment and Assumption of Development Agreement, was
acknowledged before me this 24 day of pr•;oisca , 20 {,S;by pAptEiA z114,1444
who is erso kn to me or produced as proof of identification and did take an
oath.
'""'�afh.e4a k/EJ - r,PRr�
r14-nete'r4 N: . ,I ti-aN 0eriC
1 /W' PATRICIA SAUNDERS
t.E Notary Public-Slate of Florida
� 4 My Comm.Expiroes Oct B,2017
�e 9" Commission FF 53940
[The remainder of this page has been intentionally left blank.]
5 of 6
ASSIGNOR:
CLIEECA HOLDINGS, LLC,a Delaware limited liability company,
WITNESSES AS TO ALL: Signed,sealed and delivered
p ea/t1.4 /-. lAtti i
/ D' '1 5•n
1IG/ 0
V n
Witness N (Print Name) (P 'n[Name)
Witn o. 1 (Signature) (S
7444h< .S9rttLUi q,J (e l z-yl r j
Witness No. 2 (Print Nat ) Date(Print) ',� I
P\ 9nr 'n1 y> .�e/
ness No. 2 (Signature) Authorized Official Capacity(Print Title of Authorized Capacity/Position)
STATE OF fibL.t o,0t
COUNTY OF AAofil1('at
The foregoing instrument, Consent to Assignment and Assumption of Development Agreement, was
acknowledged before me this )-411"day of (9 o{-t be,/ , 20 /r, by j 47 e.-socIsen M„m/y? /kcr,,.�r
who is personally known in me or produced as proof of id ntificatoland did take an
oath.
/ -c1 le../ \ , /tln nil
?'ir'5+„ u!MON1Fa NotaryPublic My caanssoa#FF2O1956 (Print Name and Notary No.)
EXPIRES:May 19.2019
zFr��' eaarm.0 ax vPmeuma.,r.
Notary Public Seal Not Public(Signature)
6 of 6
2011-11-01
Propene by:
RC3WORLD,INC
land Use Planning&Consulting
Phone:678.708.9247 Doc8 1859169 11/28/2011 8:1941
Email:grigEwRworld.tom Filed 4 Recorded In Official Records of
AONROE COUNTY ONNY L. KOLHA6E
hiei81mAddreyl
411 Ridgewood Rd NE Dad 1859469
Atlanta,GA 30307 Bkq 2543 PO 959
Fhyilnl Mrtecc
102901 Overseas Highway
Key Largo,FL 33037
DEVELOPMENT AGREEMENT BETWEEN BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA AND NORTHSTAR RESORT ENTERPRISES
CORP.
THIS AGREEMENT is made and entered as of this J6 ' day of
No\ em)je,Y 2011, by and between the BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA ("Board" or "County,
-- and NORTHSTAR RESORT ENTERPRISES CORP., a Florida Corporation
("Developer').
WHEREAS,the Board and the Developer recognize the following:
A. This agreement is entered into in accordance with the Florida Local
Government Development Agreement Act, 163.3220-163.3243,Florida Statutes("Act").
B. The Developer is the owner of certain real property located in Monroe
County, Florida, and described in the attached Exhibit "A", cwrmtly referred to as
Northatar Resort The site is comprised of sane 11.67 Acres of which approximately
11.67 acres are upland. This site is currently developed with a commercial structure,
formerly the Big Fish Grill,which is used for commercial retail. The site was previously
developed with a variety of uses including a mobile home/RV perk; marina, residences
and commercial retail.
C. Monroe County Planning Commission Resolution P47-03 (Exhibit B)
approved a major conditional use permit to construct eighty-nine(89)transient unit resort
hotel and amenities.
Northstar Resort Mote!and RV Park Development Agreement Page 1
EXHIBIT
Ii
"A" ( l ow))
Cod 1859469
8k$$ 2543 PO 95e 2011-11-01
D. Monroe County Planning Commission Resolution P47-03 linked the
Northstar Resort Hotel Project with an affordable housing project and required that a
minimum of ten(10)affordable housing units be built.
E. Development Order#04-04(Exhibit C)was a minor conditional use
application issued to establish forty-seven(47)ROGO exemptions from the Northstar
Resort site to be eligible for transfer.
F. Development Order#05-04(Exhibit D)was a minor conditional use
application issued which received the forty-seven(47)ROGO exemptions front the
Northstar Resort site at the Florida Keys RV Park(RE numbers:00083971-000000 and
00083970-000000)to be built as attached affordable housing units.
G. Northstar Resort allowed Development Order#5-04 to expire and
therefore forty-seven(47)ROOO exemptions reverted back to the Northsta Resort Site
(RE#00088020-000000).
H. A Development Agreement between Monroe County,Florida and
Northstar Resort Enterprises Corporation(OR Book 2352 and Page 2310-2406)approved
the transfer of 47 ROOO exemptions to Monroe County.
I. Resolution P55-03(Exhibit E)by the Monroe County Manning
Commission lawfully established one hundred twenty-six(126)transient Rate of Growth
Ordinance(herein after referred to as"ROOO")exemptions from property in Key Largo
at approximate MM 106 currently known as Keys Lake Villas and previously known as
Florida Keys RV Park with Real Estate Number 00083970.000000 as eligible for
transfer,hereafter referred to as"MM 106"property.
J. Monroe County Planning Resolution P56-03 (Exhibit F)approved the
request filed by Northstar Resort to receive seventy-seven(77)transient ROGO
exemptions transferred from the Florida Keys RV Park via P55-03 at the Northstar Resort
Site.
K. Development Order#17-96 established 1.5 Transferable Development
Rights(TDRs),Development Order#18.97 established 2.59 TDRs,and Development
Order#7-05 established 7.36 TDRs and transferred a total of 11.45 TDRs to the Northstar
Resort site;Development Order 07-07 transferedl 1.55 TDRs. The total 23 TDRs
allowed for development of the 138 unit resort hotel at maximum net density.
- L. Monroe County Planning Commission Resolution P02-07 and Minor
Deviations 1,2 and 3 (P02-07)(Exhibit O Page 1410-1326 and Monroe County Clerk
OR Book 2516)approved a 138 Unit Resort Hotel with accessory amenities to the resort
hotel along with 5908 square feet of commercial retail low intensity use to be used as a
restaurant and tiki bars/grill on the site and open to the public. Resolution P02.07 also
approved the request filed by Northatar Resort Enterprises Corporation to receive forty-
nine(49)transient transferable ROGO exemption(TR)s)from the MM 106
Northstar Resort Noted and RV Park Development Agreement Page 2
Doe# 1859469 2011-II-01
Bkt 2543 Pg* 961
property and established 9,210 square feet of lawfully established Non-Residential Floor
Area exempt from the Non-Residential Rate of Growth Ordinance(NROGO)existing at
the site from previous development. This resolution also identified the Lakeview
Gardens as a linked site to the Resort site where fifteen(15)affordable housing units
would be built prior to receiving a certificate of occupancy on any of the hotel units at the
Resort Site.
M. Developer desires to pursue an 'interim" development of the already
approved site on which there are approvals for a 138 unit resort hotel and associated
amenities.
N. Developer would like to"star the existing major conditional use approval
P02-07 and as amended along with all associated development orders covering TDRs,
and transient TREs during the 10-year period of this development agreement.
O. There is a need for a use on the site, even if temporary, rather than the
previously and partially developed land to sit in its partially vacant state.
P. It is beneficial to return an underutilized parcel to the tax rolls.
Q. This Agreement will implement Goal 102 of the Comprehensive Plan. In
particular the project directs growth to land which is intrinsically most suitable for
development
R. Goal 202 of the Monroe County Comprehensive Plan to maintain and
enhance environmental quality and near shore waters will be furthered through the strict
compliance to shoreline setbacks and restoration that will take place due to the
construction on the site.
S. On Sectember 28. 201 I. the Monroe County Planning Commission held
the feat public hearing on this Agreement, after publishing the required notice more than
seven days prior to the first hearing Notice of intent to consider this Agreement was
provided in accordance with law.
T. On November 16. 2011 the Board of County Commissioners held the
second public hearing on this Agreement after providing notice in accordance with law.
NOW THEREFORE, in consideration of the mutual covenants catered into
between the parties, and in consideration of the benefits to accrue to each, it is agreed to
as follows:
A. Recitsts.
The above recitals are true and correct and are incorporated herein and made a
part hereof.
B. Purpose of Agreement.
Nortkstar Resort Hotel and RV Park Development Agreement Page 3
Dock 1859469 2011-11-01
Bkk 2543 Pgk 962
The parties agree as follow:
1. Resolution P02-07 remains in effect during the period of this
Development Agreement.
2. It is the ultimate intention and goal of Developer and the County to
have the site developed with the already approved 138 unit resort
hotel on the property.
3. Over the past several years due to the economy,traditional funding
sources have been curtailed, and them is no clear direction as to
when commercial lending will rebound
4. Development of the campground will conform to the setbacks
established in P02-07.
5. The site may be utilized as an interim campground containing
Recreational Vehicle spaces until such time that commercial
financing for the 138 unit hotel can be secured for the assort hotel.
6. There is a lack of campgrounds with Recreational Vehicle (RV)
spaces in the Upper Keys.
7. The use of the site will enhance the appearance of the site;
8. Development of a campground with RV spaces during this
Development Agreement period will return the parcel to the tax
rolls until such time it is redeveloped with the resort hotel.
9. Developer will develop a campground with RV spaces during this
Development Agreement period during Phase I. Phase II will
consist of RV spaces along with hotel units. The final phase will
be development of the site with a 138 unit resort hotel as approved
by P02-07. This development constitutes"The Project".
10. Developer will obtain all necessary development permits including
a major conditional use or amendment to a major conditional use
permit, as deemed appropriate by the Planning Department, for
approval of the site as a campground with RV spaces,including the
phasing of the campground use, with the exception of a Variance
to setbacks along with Phase III (resort hotel) which has already
been established per P02-07.
11. Developer will initially develop the site as a 110 unit campground
with RV's and accessory structures. Hotel structures will be
phased in ova the 10 year period. Depending on financing either a
few structures at a time housing the hotel units will be phased in
(as RV's are removed) or an phases could be expedited and
completed at one time. This will be approved by means of the
conditional use permit process.
12. The Project will be developed in each phase to be in compliance
with Monroe County Code to include but not be limited to items
Nonkstar Resort Hotel and RV Park Development Agreement Page 4
Doc9 1859469 2011-11-01
Bkk 2543 Pgk 963
such as intensity,setbacks,height, and access. If all phases of the
Project are not completed then said Project will continue to operate
under the last completed phase pursuant to the major conditional
use.
13. Developer will proceed with conditional use approval based on the
conceptual phasing plans (Exhibit 1) as attached. Substantial
deviation from the phasing plans as proposed will require an
"amendment" as outlined in "E" herein. The Planning Director
will have the authority to der nine substantial deviation.
14. County agrem that the purpose and intent of Section 130-161(bx1)
of the Monroe County Code (MCC) "Inclusionary housing
requirements"is already met by Developer providing 15 affordable
housing units off site per P02-07 and therefore the remainder of
Section 130-161(b) of the MCC is not applicable to this project
and therefore Board exempts project from Inclusionary Housing
requirements..
15. Monroe County will reserve the traffic trips required for the project
along USI for the duration of this development agreement.
C. General Provisions.
1. Legal Desaimion and Owner
The Resort Site is described in Exhibit A attached hereto and made
part hereof. Northstar Resort Enterprises Corporation, a Florida
Corporation is the legal and equitable title holder to the Resort
Site.
2. D.uOtion.
This Agreement shall expire ten (10)years after the Effective Date
provided in Provision 10, unless earlier terminated as provided in
Provisions"E"and"F',or extended as provided in Provision"G".
In the event that the development does not take place as
contemplated in this Agreement, the Agreement may be extended
by amendment to this Agreement.
3. Develonment Uses Proposed to be Permitte4
(a.) The development program proposed on the Property
includes 110 Recreational Rental RV spaces. In addition, the
development proposes 6,000 square feet of commercial retail space
to be used as a Restaurantfliki Bars/Grill and convenience store;
16 Slip Marina accessory to the RV spaces;bathhouses,bathroom
facilities, pool and cabanas. All structures proposed to be
Nonlutar Resort Hotel and RV Park Development Agreement Page 5
Daft 1859469 zotl-tl Ol
Bid2543 PO964
constructed have been designed to be under the 35 foot height
restriction as outlined in MCC Section 130-187 and all buildings
have been designed to have finished floor elevations at or above
those required per floodplain management in Chapter 122 of the
MCC. Furthermore buildings have been designed with open
porches, ceiling fans and energy efficient air-conditioning unite
and appliances to reduce energy use end installation of native plant
landscaping will reduce the requirements for water and
maintenance.
(b.) MCC Section 138-22 allows for the redevelopment,
rehabilitation or replacement of any lawfully established
residential dwelling unit or space that does not increase the number
of residential dwelling units above that which existed on the site
prior to the redevelopment, rehabilitation or replacement shall be
exempt from the residential R000 system. One hundred and
thirty-eight(138)transient R000 exempt units have already been
established on site. 110 transient exemptions will be used for the
development of the RV park. These 110 exemptions will then be
applied to hotel rooms on a 1 to 1 basis as the resort hotel is phased
in. The remaining 28 transient exemptions will be used to
construct all 138 units of the resort hotel site.
(c.) MCC Section 138-50 allows for Development with no net
increase in nonresidential floor area The redevelopment,
rehabilitation or replacement of any lawfdly 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. A 2002
Letter of Understanding established 9,250 square feet of lawfully
established floor area on the site.
(d) MCC Section 101-1 allows Accessory uses or accessory
structures means a use or structure that is subordinate to and saves
a principal use or structure; is subordinate in area, extent and
purpose to the principal use or structure served; contributes to the
comfort,convenience or necessity of occupants of the principal use
or structure saved;and is located on the same lot or on contiguous
lots under the same ownership and in the same land use district as
the principal use or structure Site will be developed with
accessory structures to the RV use to include but not limited to:
office,entry area,bathhouse,pool and boat storage.
4. Descrivtion of Adequate Public facilities serving development.
Nonkrtar Resort Hotel and RV Park Development Agreement Page 6
8Bk1855459
q42543 954 965 2011-11-01
(a) Roads — Roads are one (I) of the four (4) critical public
facilities identified for annual assessment in the Monroe County
Land Development Code (LDC). The Comprehensive Plan and
LDC regulations require U.S. I to remain at a LOS C or higher and
that all county roads to remain at a LOS D or higher. The Monroe
County Division of Public Works is charged with maintaining and
improving secondary roads within the boundaries of
unincorporated Momoe County. The Florida Department of
Transportation(FOOT)is responsible for maintaining U.S. 1. The
2011 U.S. 1 Arterial and Travel Time and Delay Study showed
overall level of service and reserve capacity along U.S. 1 at a Level
C.
Based on the Level 2005 III Traffic study prepared by Transport
Analysis Professionals (TAP) the resort hotel site will generate
approximately 674 trips impacting segments 21-24. Based on the
2011 Level II Traffic study prepared by Keys Traffic Studies,LW
the RV Park will generate 440 daily trips impacting segments 21-
24. The 2011 U.S. 1 Arterial and Travel Time and Delay Study
indicated the following reserve capacity in each segment that will
be effected by the projects: Segment 21 = 4,418; Segment 22 a
11,128; Segment 23 a 9,234; and Segment 24 a 8,932. Therefore
there are more than sufficient grip capacity in segments 21-24 in
which the project will have impact.
(b) Solid Waste — Comprehensive Plan Policy 801.].1
establishes the level of service for solid waste as 5.44 pounds per
capita per day or 122 pounds per day per equivalent residential
unit (ERU)and establishes a haul out capacity of 95,000 tons per
year or 42,668 ERUs. The Comprehensive plan requires sufficient
capacity shall be available at a solid waste disposal site to
accommodate all existing and approved development for a period
of three years from the projected date of completion of the
proposed development of use.
In 2010, the County provided solid waste service to accommodate
70,808 residents. FDEP certification of solid waste data for
December 31, 2009 is repotted to be 71,311 residents in the
County.
Monroe County has a contract with Waste Management (WMI).
The contract authorizes the use of in-state facilities through
September 30, 2016, thereby providing the County with
approximately five (5) years of guaranteed capacity. There is
adequate capacity for solid waste generation for the next twelve
Northstar Resort Hotel and RV Park Development Agreement Page 7
Dock 1859469 2011-11.01
Bk* 343 PO 966
(12)months. (Source: 2011 Public Facilities Capacity Assessment
Report(PFCA))
(c) Potable Water— This project will be designed and meet
Monroe County comprehensive plan Objective 701.1 and policy
701.1.2 which involves meeting the following projected potable
water consumption levels of .35 galisq.ftJday for Commercial
Consumption.
The 2007 Actual water usage for Monroe County was 5,
917,000,000 gallons which includes both residential and non-
residential consumption. Divided by the 2011 recommended
functional population (Source: 2010-2030 Comprehensive Plan
Update)of 156,054this results in 103.88 gallons/per capita/per day
including residential and nonresidential. Non-residential
consumption secouats for 29 gallons of the 103.88 gallons of
residential consumption in Monroe County.
Based on the 2011 PFCA report,with the construction of the new
water supply wells and RO water treatment, the new reclaimed
systems, end the ability to operate the 3.0 MOD RO desalination
plants during emagency situations, there is an adequate supply of
water to meet current and future demands, based on current
conditions and projection. FKAA will continue to monitor and
track conditions and events that could negatively impact the
existing water supply. Any such impacts will be evaluated to
determine fixture changes necessary to continue servicing Monroe
County with adequate supply.
With regards to this project, developer will install xeriscaping
landscaping which will make water use for outdoor landscaping
almost non-existent. A Recreational Rental space is expected to
use on average 75 gallons pa day. Based on 110 units, it is
estimated that upon build out the project will require 9,650 gallons
of water per day or 3,522,250 gallons a year. A letter of
coordination from Matmie Walterson, Florida Keys Aqueduct
Authority, on October 3, 2011 signifies that there is a 8" water
main located in front of the project and that it appears adequate to
serve this project. Based on a letter of coordination from Monroe
County Fire,a six inch water main also provides adequate flow for
fire protection.
(d) Wastewater —Key Largo Waste Water Treatment District
regulations base their calculation on approximately 145 to 167
NortkatarResort Hate!and RV Park Development Agreement Page 8
OS 185949 2011-11-01
Bk# 2543 Pg11967
gallons of waste water per unit/per day. Based upon the number of
RV's at the facility the site is estimated to generate 18,370 gallons
of wastewater per day based on the more liberal estimate of 167
gallons per bedroom per day provided by the KLWTD.
The following assumptions for flow were derived from:State of
Florida,Department of Health Chapter 64E-6,Florida
Administrative Code,standards for onsite sewage treatment and
disposal systems effective April 28,2010.
TABLE I(For System Design)—Estimated sewage flows
RV—75 gallons per day per unit X 110 8,250
Wet Slips,estimate at 75 gallons per/unit/day 1,200
Stores per bathroom(office)is 200 200
TOTAL 9650/gallons
(e) Schools — Since these are transient residential units there
will not be any permanent residents. However, there is one
employee housing unit and employment at the site will create new
jobs. Those employed may have children of school age;therefore,
project analyzed level of service for schools to guarantee adequate
capacity for any potential impact to the schools that may result
from this project
The Monroe County Land Development Regulations do not
identify a numeric level of service standard for schools(such as 10
square feet of classroom space per student). Instead,MCC Section
114 (aX4) of the regulations requires classroom capacity
"adequate" to accommodate the school-age children generated by
proposed land development.
Enrollment figures for the 2010-2011 through 2014-2015 school years
indicate that there is adequate capacity in the Monroe County school
system. The overall 2010-2011 utilization is 66.88% of the school
system capacity.
(0 Housing - No permment housing units are proposed for
this project All units will be transient RV or hotel units. This
project will help to meet the needs of affordable housing as
outlined by GOAL 601 of the Monroe County Comprehensive
Plan by developing fifteen(15)affordable housing units associated
with this project.
(g) Impact Fees-Any increased impacts on public facilities or
public services attributable to each unit of the development, and
the cost of capital improvements to meet the associated demand on
such facilities or services, shall be assured by payment to County,
Northstar Resort Hotel and RV Park Development Agreement Page 9
8oc4 1859469 2011-11-01
8k8 2543 PO 968
concurrent with the issuance of the building permits for each unit,
of all County impact fees required by Ordinance then in effect, as
well as payment of applicable utility system development fees.
5. Reservation of Land for Public Pumosea
The Developer has granted an ingress/egresa easement(Exhibit H)
9.0' +/- running along the Southwesterly side of Woodward Way
and as mom particularly described in the attached Access
Easement Document Book 2364 Page 1600 of the Monroe County
Records.
The Developer is not currently aware of any other specific
resevetion(s) or dedication(s) necessary for the development
authorized by this Agreement. Any reservations and dedications
for public purpose in correction with this Agreement will be as
required by the County's Comprehensive Plan and County Code or
local utility companies. Such reservations or dedications may
include,by way of example,easements necessary for the provision
of stormwater,utility,and wastewater services to the Property.
6. Local Development Permits
The following is a list of all development permits approved or
needed to be approved for the development of the property as
specified and requested in this Agreement:
(a) This Development Agreement and
(b) Major Conditional Use or Amendment to a Major
Conditional Use Permit for development of the campground with
RV units;and
(c) Building and related construction permits for grading,
paving drainage•, and accessory suuctures, land clearing, and
landscaping and
(d) Federal, State, regional, and local permits for stormwater
runoff, driveway connections, and environmental (or endangered
species)takings,when necessary and if required.
7. Consistency with Comprehensive Plan and Land Devdoemen(
Regulations
The Board finds that the Development Program proposed for the
Property as provided in this Agreement is consistent with County's
Comprehensive Plan and Land Development Regulations.
Northstar Resort Hotel and RV Park Development Agreement Page 10
Doc
# 1859469 2011-11-01
Bk# 2543 POI969
8. Deaaivtion of conditions.terms,restrictions.or other requirements
determined to be necessary by the local government for the Public
health.safety.or welfare of its citizens
There are no additional conditions, terms, restrictions or other
requirements that are not already contained herein that are
necessary by the local government for the public health, safety,or
welfare of citizens.
9. Compliance with law soverina permitting reaunemenla,
conditions.term.or reapictiqg
The failure of this Agreement to address a particular permit,
condition, tam, or restriction shall not relieve Developer of the
necessity of complying with the law governing said permitting
requirements,conditions,tams,or restrictions.
D. Local Laws and Policies Governing Areement
The County's laws and policies governing the development of the land at the time
of the execution of this Agreement shall govern the development of the Property for the
duration of the Agreement. County's laws and policies adopted after the Effective Data
may be applied to the Property only if the determination required by section
163.3233(s), Florida Statutes,have been made after wrinen notice to Developer and at a
public hearing.
E. Amendment or Cancellation by Mutual Consent and lamination
This Agreement may be amended or cancelled by mutual consent of the parties,
and shall terminate upon the issuance of final Certificate of Occupancy for the last hotel
unit if prior to tam expiration as outlined herein. Prior to amending this Agreement,the
Board shall hold two public hearings.
F. jpvoluntary Revocation of Development Agreement
The Board may revoke this Agreement if the Board determines through its annual
review of this Agreement that there has not been substantial compliance with the terms
and conditions of this Agreement,including all amendments or extensions thereto. Prior
to any revocation of this Agreement, the Board shall hold two public hearings. At the
public hearing(s), the Developer will be given an opportunity to rebut the assertion that
there has not been substantial compliance with the requirements of this Agreement or any
amendments thereto. If the Board determines that revocation of this Agreement is not
necessary, the Board may amend the terms of the Agreement to provide for any
reasonable condition necessary to assure compliance with the requirements of this
Development Agreement,and any extensions or amendments thereto. Either party or any
aggrieved or adversely affected person may file an action for injunctive relief in the
Nonh'tar Resort Hotel and RV Park Development Agreement Page 11
Docp 1859459 2011-11.01
Bk8 2543 PO 978
Circuit Court for Monroe County to appeal the revocation or amendment of this
Agreement.
G. Ten
The initial term of this Agreement shall be ten(10)years from the Effective Date.
This Agreement may be extended by mutual consent of the Board and the Developer,
subject to the County's public hearing requirement.
H. Record:Submission to State Land Planning Agency
Within 14 days of approval the Clerk of the Board shall record the Agreement in
the Public Records of Monroe County, at the expense of the developer. A copy of the
recorded Agreement shall be submitted by the County to the State Land Planning Agency
within 14 days after the Agreement is recorded. If this Agreement is amended,canceled,
modified,extended,or revoked,the Clerk shall have notice of such action recorded in the
public records and such recorded notice shall be submitted to the Florida Department of
Community Affairs.
I. Effective Date
This Agreement shall be effective 30 days after its receipt by the State Land
Planning Agency.
J. Annual Review
The County shall review the Development Agreement pursuant to ss. Sec.
163.3235 of the Florida Statutes.
In the event that any state or federal law is enacted after the execution of this
Agreement that is applicable to and precludes the parties from complying with the tams
of this Agreement, then this Agreement shall be modified or revoked as is necessary to
comply with the relevant state or federal law. Prior to modifying or revoking this
Agreement under this provision,the Board shall hold two public hearings.
IC Enforceit
Either Part, any aggrieved or adversely affected pawn, or the state land
planning agency,may file an action for injunctive relief in the Circuit Court for Monroe
County to enforce the tams of this Agreement or to challenge compliance of this
agreement with the provisions of ss. 163.3220-163.3243.
L Z(R9f gs
The parties designate the following persons as representatives to be contacted and
to receive all notices regarding this Agreement:
Nartkstar Resort Hotel and RV Park Development Agreement Page 12
D6c$ 1859459
Bk# 2543 PO} 971 2011-11-01
For the Board: County Administrator
County of Monroe
1100 Simonton Street
Key West,Florida 33040
with a copy to: County Attorney
Monroe County Attorneys Office
PO BOX 1026
Key West FL 33041-1026
with a copy to: Growth Management Division Director
Growth Management Division
Marathon Government Center
2798 Overseas Highway
Marathon,FL 33050
For the Developer. Mr.Jim Saunders
102901 Overseas Hwy.
Key Largo,FL 33037
with a copy to: Joel Reed C/O Jim Saunders
102901 Overseas Hwy
Key Largo,FL 33037
Any change in the person designated by a party to receive notices hereunder shall
be communicated in writing to the representative of the other party designated hereunder.
M. Successors.Assigns.and Assignments,
This Agreement shall be binding upon the parties and their successors and
assigns. This Agreement,or portions hereof; will not be assigned by Developer,without
the express written approval of County, and such approval shall not be unreasonably
withheld. In the event of an assignment,the Developer shall provide notice to:
County Administrator
County of Monroe
1100 Simonton Street
Key West,Florida 33040
County Attorney
Monroe County Attorneys Office
PO BOX 1026
Key West FL 33041-1026
Growth Management Division Director
Growth Management Division
Northstar Resort Hotel and RV Park Development Agreement Page 13
Docp 1859469 2011-11-01
8161 2543 Pg* 972
Marathon Government Carter
2798 Overseas Highway
Marathon,FL 33050
IN WITNESS WHEREOF,the parties hereto have caused the execution of this
Agreement by their duly authorized officials as of the day and year first above written.
Signed,sealed and delivered in the NORTHSTAR RESORT ENTERPRISES
Presence of. CORPORATION
a Florida corporation
By:
Q ui
p • Ih:: ,VP
A T l n�`— ✓
Print Name: AAu c, 7aIueky
w(oaeae
Prim C. LLa t-tt,nif L(�
Witness
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing in*ument weed�acknowledged before 9tp*ea this c 2 / day of
Nov $.18E44- 2011,by JAMt5 C SFlu g to ekS the
Ul et Fitts/Darr of Northam.Resort Enterprises Corporation,a Florida corporation,
who is personally known to me,or who has produced
as iderflj5cation did/ not take an
oath. `/1}�
Notary Seal p L.k
Notary Prbli State of Florida
t_ ps ..... My Commission Expires:
,,P�TTO;'•r'#•'ANE .
i�3�,• a.asrr s'•,�s
��F# :3c
Onmonineel
Northstar Resort Hotel and RV Park Development Agreement Page 14
2011-11-01
•
Cod.1318594694 �`` Bq 2 Pg# 973
6
_
grate!r
\ ^./ BOARD OF COUNTY COMMISSIONERS
Danny
J�O�LORIDA
C. By:
Danny L. Kolhage, Clerk
Deputy Clerk Mayor
APPROVED AS TO FORM AND
CORRE ESS '
By: /I-/-l/
Susan Grimsley ssistant Coun Attorney
STATE OF FLORIDA
COUNTY OF MONROE
� 'TMhe for going instrument was acknowled ed before me this_ gal '`Aday of
�v/`�,/ ,2011,by / aic-t,(J /Q-t-i _c ,the M yor of the
Board of County Commissioners of Monroe County, Florida,who is 4 personally
known to me,or who has produced as
identification and who did/ k not take an oath. �7`'�
Notary Seal /iC4�[..r/j
Notary Public, t f Floridry ((ff
Print Name: �/tQ ff P a r4 .C� s
My Commission Exp res: ‘ ,-j,u� it,a 0/2
�. ' IM TNAM01
Ilq/i16•INS MIWO
L:".
tp .o..t..,�.w�
im7OIa
Northstar Resort Hotel and RV Park Development Agreement Page 15
2011-11-01
Doe# 1859469
64# 2543 P## 914
Exhibits
A. Survey with Legal Description of Northstar Resort
B. Resolution P47-03
C. Development Order#04-04
D. Development Order#05-04
E. Resolution P55-03
F. Resolution P56-03
G. Resolution P02-07
H. Easement
I. Conceptual Phasing Plan
Northstar Resort Hotel and Rd Park Development Agreement Page 16
Northstar Resort Development Agreement: Exhibit A- Page 1 of 7
LEGAL DESCRIPTIONS
Doc 1859469
Parma 1 Bk# 2543 Pg# 975
A portion of Lots S and 12 in section 32. Township 61 South,
Range 39 East according to the Model Load Company Plot as
recorded in Plat Book 1. at Page 68 of the Public Records of
Monroe County. Rondo on Key Largo, Easy more particularly
described as fellows:
From the intereection of the Fast line of sad Lot 8 oriel the
Northwesterly r/w Erie of State Road No. 5 (former EE.C.R.R.).
thence proceed S.4320' W along said Northwesterly rite Int
620' to the Pont of BepfMw9 01 the parcel hereinafter described:
thence proceed N 10'07326 W. 57B' more or less to the Mean
High Tide Line of Buttonwood Sound; 8wncs meander sold Mean
Hier Tide Line in o Southwesterly direction. 135' more or less to the
west Fine of said Lots 8 and 12; thence proceed S T00' E along
said West fine of Lots 6 and 12. 706', more or less to said North—
westwty r/w line: thence proceed N 43'20' E along said North—
westerly r/w/ line 288.50 the Point of Beginning.
Parcel 2
A portion of Trocks 4, a and 12 in Section 32. Township 61 South,
Runge 39 East on Key largo, according to Model Land Cos. Pot
recorded in Plot Book 1 at Page 60 of the Rbea Records of Monroe
Co., Fla., more particularly decreed as follows: From the intersection
of the Enid rww of said Trod 8 and the Nor6neetrry right of way line
the Overseas Isghway, run South 43'20' West abbe said North—
westerly right of coy line o dleance of 520 het to the paint at
beginning of the parcel hereinafter described: thence continue South
4320' West along said right of way IIrt o distance of 200 It; thence
North 10'0732' West, a distance of 569.5 It. more or less to the shore
of Buttonwood Sound; thence Northeasterly mealderng said shoreline.
a distance of 200 ft.. more or less to a pant of intersection with a line
which runs North IaO73Y West from the point of beginning; thence
South 10'0732' Eout, a detonate of 569.5 ft. more or less to the pent
of beginning.
And alio that certain land better described as Leitner's Subdasion
occording to the Plot thereof as recorded in Pat Book 3 at rage 177 of
the Public records of Monroe Canty. Florida (which said pat hos nos
been revolted aid duly vacated) said above described Plot of Leitneis
Subd'rrisien oleo Ming commonly known cm Noes: Stan at a paint
where Lot 8. Section 32, Township 61 South, range 39 Eost Intersects
the Northwesterly Right of way tine of U.S. Highway No. I (former&
F. C. R/W here) and the Northwest side of Woodward Way; thence at
an angle of 13515' Southwesterly a distance of 200 feet to the point of
beginning; thence South 43'20' West along the Northwesterly 16gM of
Way line of U.S. Highway No. I a distance of 120 feet; thence North
10'07'32' West to the waters edge of But10nsood Sound, a datance of
approximately 569.5 feet; thane North 4715'Eod o distance of 120 het;
thence South 9'46'29' East a distance of 563.06 feet to the Pent of
Beginning.
0444 1859469
Bk* 2543 PO 976
Northstar Resort Development Agreement: Exhibit A- Page 2 of 7
P arcel 3 a
Or
southerly 50.00 feet of Lot 3 Block 3t Cla Dorado
cf lhes, according
cordo
of Monroe County, Florida. Containing 3.1 9 square feet more br tess.
Together with portions of the following described parcelsi
The South one—half of the following descrbed properly to
,it The West 45 feet of the East 120 feet of those pats
of Lots 9 and 11. lying North of the Florida East Coast
Railway Company's right of way, according to the Plat
thereof. as recorded in Plat Book 1. at Page 68, of the
Public Records of Monroe County, Florida: And
The East 75 feet of those pots of Lots 9 and I1. lying
North of the Florida East Coast Roiway Company's right of
way, according to the Plot thereof. as recorded in Plot
Book 1, at Page 68. of the Public Records of Monroe
County. Florida, said lands lying and being in Section 32,
Township 61 South. Range 39 East. Monroe County. Florida.
Subject portions being more particularly described as follaws:
Begin at the intersection of the easterly line of 0 Dorado Helots
subdiwson with the soW.Inerly line of Lot 9. sock 3 of said Er Dorado
Heights att ordng ty theIR thereof recorded in Plopt B k I al Pygq 203
o The public recaraa of A1onroe County. Florida, aaiid souutbtdy lji bang
also the norihwesnnrl riff ofwayline of State Road No. S `US Highway
No. 1.1 Ipppp feet westerrtlys f centerline ofsod 5j a Rood Np S
From said Pso Gamin , run thence S Ong43t`along sap eoeterb
line of end ei Ills for u *stance of 42.1 feet to tnt north
westerly right wayline so.`d State Raad No 5, 70 1eC n stony
of centerline al sai Slate op p No 5; thence ryn N 43'2000 along
saidr right of waylie far a l rant of I6 het to a 1 i swore
rRd (original Jner ens nl an the eon line of Lot 11, accost g to
Plat Book Y ge 68 of P bloc Records /Dome County, Florida; thence
run N 0200 00 W along said east ine o/ Lot II for a distance
o/ 21 I.2 feet more or less to an ei'iIstin chain link fence; tflcnse n
alongsaid chain link fence in o soythw 1erly d Ilon for 120,55 f rest more
or lss to q t on the easterly lineofo sad j°�arado Heights, thence
run S 02'00 43 E along said easterly ine of acid EI Dorado Heights for
a distang< of 2802 feet more or less to the Point of Beginning.
Containing 32,090 square feet, more or leas.
AND:
Dap 1859469
Bk9 2543 Pg11977
Northstar Resort Development Agreement: Exhibit A- Page 3 of 7
Parcel 3
iFnolpci r brscsrrd•t on
IMtot os 11 s r 1 ins, ocicrdn9ors
s onroe cooun r. fbrliddo. o d ng 3.749 square °more otMu.
Together with portions of the following deserted parcels.
The South one—holf of the following d•scnb•d property to
wit: The West 45 feet of Vie East 120 tat of those ports
of Lots 9 and I I. lying North of the Florida East Coast
Railway Company's right of way. according to Me Plat
thereof. es recorded in Plot Book 1, at Pogo 68. of the
Pudic Records of Monroe County, Florida; And
The East 75 tot M Woe pens of Lots 9 and II. lying
North of this Florida Eat Coast Raskoy Company's right of
way, occordn9 to the Plot thereof, as recorded it Plot
Book 1. of Page 68. at the Publk Retards of Monroe
County, Florida, said lands lying and berg in Section 32,
Township 61 South, Range 39 East, Monroe County. Florida.
Subject portions being more particularly described as follows:
BegyiInn al an ntffsecllon of the eo tMY one 91 El Dorado
aupdefsoon wmr tie souherly Xpe of tat 9, Bach t Said do
Hw hs 000rrrrdddd,,,, p ay pot thereof roc ort•e r PM 8opk pool 203
of �4, r uprd* of Moore fl�do. 'd •outlwdv r�r7�b i�g
w reef d h eruct('n St S 'fU5 tyhway
Na. I 1 t od Me S
romrAsold rid M f�n of 4,,w�it e 1 v anti d °m
atstw d r% "R f0 flo"1S� oaa 140 3. tt OB '��S
•4 y o Y
wOff c r (arf way +,gegn�r° id opn�c,ohr•°f�ay c�rhi.V Lota ) inc•° rig
ru fTT0P009•W alo q wad east Ene'of°rent•11 Count,a distance e
211.2of oc Mato or. •i . c r M.k teat'; l e .t
007 ell chnoiir!Wet t • In oar we fl lae�df° tl/h men
nSFSgeoro8.431 Sang sssod to
m t 0 SSi0 O Oar°doe • fate
a distance of 2e0.2 feet more or lea to the Port of BeglnNrrg.
Canfak.k.g 32.090 square feel. more or less.
AND:
Commence at /iLintersection of the epclLLrk, line El He' Ms
subd Msion with a erl. li of Lot 9, E k 7otr n,,,'�_
011Aahb tt Ic dree! tP, Moat teisi�aO/ rn n-Plot 8 i g 203
o fi• na s o onro• uMy, .d_3 sou i
FFrqt rt w�sten -rills. wig inn! r 5toto Stir u5 Kr' y
o t)said once! of Comma
of mint, run nc ai l00 on S
From PointrCommeordj thence N 070043 area said easterly
line of ssaoidreeo Nercight• for a oInt of W 2cmin feet molt a as to on P9fi.d•Upo cite?TIN. ipq u rid Po�rrt of Bealmrg Nof 1♦,4rslndncaned
ooff 1ri ins at scut g1° I , T�phls for°IaW21°nc 57711Y felsto
a point: ce run N far a Jrtance of 120.34 eet to a
right Ogle 10 On with cM •oterli line ar nt l l ct° ina toTots�a1
C in Pc t�cG.M_13Al Paa• V ° 1 is Letsca Ifne or said lnrw II°
ondo. M•nee run OO OOOOOOTTT owe y
fora distant feet on a isti y chain ink tease: thence run along
said chain link fa the in a! s west y direction fora distance of 120.55 feet
.o°ritoi°n.ngi 6.48)t quornfa"t m nnOrr Iess
Dock 1859469
Bk# 2543 PO 978
Northstar Resort Development Agreement: Exhibit A- Page 4 of 7
Parcel 4
A parcel of land on Key Lorgo, Monroe County, Florida. bang
port of the East 75 feel of Lots 9 and 11. and part of the
West 45 feet of the East 120 feet of Lots 9 and I I. oil as
recorded in Plot Book 1, Page 68 of the public records of
Monroe County, Florida, and being more particularly described
as follows'
Parcel 1: Commence at the intersection of the east line of
El Dorado Heights subdivision as recorded in Plat Book 1.
Page 203 of the public records of Monroe County. Florida.
with the south line of Lot 9, Block 3 of said subdivision.
said south line being also the northwest right of way line
of State Road No. 5 (US Highway No. I) 100 tat northwest
of the centerline of said h'ighwoy; run thence North 2 degrees
00'43" West along said east line of sold El Dorado Heights
subdivision for a distance of 337.91 feet to the Point of
Beginning of the hereindescribed parcel; from said Point of
Beginning, continue
North salong
d
east of Dorodo Heights for a distanceo33
feet more or less to the shoreline of Buttonwood Sound;
thence meander said shoreline in a northeasterly direction
for a distance of 188 feet more or Ins to on intersection
with the east line of the said Lot 9, Plot Book 1. Page 68;
thence run South 2 degrees 00'00"East olong said east line
of said Lot 9 and along the east ire of said Lot 11, Plat
Book 1, Page 68, for a distance of 444 feet more or less,
to a point on the said east line of said Lot 11. said point
being at right angles with the Point of Beginning of the
hereindescrbed parcel; thence run South 88 degrees 00'00"
West, at right angles with the previously described course
for a distance of 120.34 to the Pant of Beginning of the
hereiidescrbed parcel.
AND
Lot 3. Block 3, El Dorado Heights. leas the south 50.0 feet
thereof, according to the plot thereof, recorded in Plat Book 1
at Page 203 of the public records of Monroe County. Florida.
Doct 1859469
8k8 2543 Pgt 979
Northstar Resort Development Agreement: Exhibit A- Page 5 of 7
Parcel 5
A port of Lots 4 and 5 in Section 32, Township Et South. Range 39 East,
mare particularly described as (oleos: Commencing at a point where Lot 8,
Section 32, Township 61 South, Range 39 East, intersects the Northerly side
of U.S. Highway *1 (formerly Florida East Coast Railway right at ) and
Woodward Way, and from said point at on angle of 135'15'00' (136'29'00'
measured) run Southwesterly 200.00 feet: thence at an angle of 5316'29',
run northwesterly 563.99 feet: thence run Northeasterly. meandering along the
waters edge 142.00 feet, more or loss; thence run 5 4W42'I3-E for 131E10;
thence run N 69'59" E for 45.00 feet; thence run along Woodward Way
Southeasterly a distance of 415.29 feet bock to the place or Point of Beginning.
Parcel 6
A portion of Tracts 8 and 12 in Section 32, Township 61 South,
Range 39 East on Key Largo, according to Model Land Co. Plat
recorded in Plat Book 1 Page 68, Public Records of Monroe County,
Florida more particularly described as follows:
From the intersection of the East line of said Tract 8 and the North—
westerly right of way line of the Overseas Highway run 5.43'20' W.
along the said Northwesterly right of way line a distance of 520 ft.
to the point of beginning of the parcel hereinafter described; thence
continue South 43'20' W. along said Northwesterly right of way line
a distance of 100 it.; thence North 10' 07' 32' W. a distance of 578 ft.
more or less to the shore of Buttonwood Sound; thence Northwesterly
meandering said shoreline a distance of 100 ft., more or less to the
point of intersection with a fine which runs North 10' 07' 32" W. from
the point of beginning; thence S. 1007'32" E. a distance of 569.5 ft.
more of less to the point of beginring.
ACCESS EASEMENT
In at the Intersection of the northwesterly side of Woodward Way
and the northeasterly right of way line of US No.. I; thence northwesterly
along seed right of way line of Woodward Way NO'01'00101 for 415.29
teat; thence leaving said right of way line run 589'59'00"W for 9.00
feet; thence run f401O1'001, for 424.77 feet to an intersection with
the easterly right of way line of US No. I: thence run N43'30'001
for 13.07 feet to the Point of Beginning.
Being a 9.0'd; section running long the southwesterly side of
Woodward Way as more particularly described above
i Doc# 1859469
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Northstar Resort Development Agreement: Exhibit B- Page 1 of 6
Bock 1859469
RESOLUTION P47-03 Bk# 2543 Pgk 982
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION. APPROVING A MAJOR CONDTTIONAL USE
REQUESTED BY NORTHSTAR RESORT ENTERPRISES
CORPORATION FOR THE CONSTRUCTION OF A RESORT HOTEL
WITH EIGHTY-NDR NM UNITS, t,1SS SQUARE. FEET OF
COMMERCIAL USE AND OTHER AMENITIES ON PROPERTY
DESCRIBED AS SECTION 32,TOWNSHIP 61 SOUTH,RANGE 39 EAST
IN IR[1NER.•s SUBDIVISION AND EL DORADO HEIGHTS
SUBDIVISION, 101Y LARGO, MONROE COUNTY, FLORIDA WITH
THE REAL ESTATE NUMBERS 00011794t000/80, 00037970A00100,
000118020.000000,00088030.WOssss AND 0001111040.1100000
WHEREAS, Nielbstar Remit Baspisr Comprdon is the owner of reel
property deaealed as Section 32, Township 61 South, Rap 39 East in Lames
Subdivision and El bondo Sobdnldon.Kay Loge,to,County,Florida with that
Real Estate numbers 00087940.000000, 090117970.000100, 090118020.000000,
00088030.000000,and 00088040.00000Q and
WHEREAS, the above dsm'bcd property is bated in the Sffimba
Ca cnW(SC)land me(zoning)strict and .
WHEREAS, the Maim Commission of Momae County, Plodder, in
_._.._. s000rdame with mu provisions of Sections 9.5-24 and 9.5-69of the Monroe County Lard
DevebpmntRegdesima,met at a regular sehedbbdmesbgonlme 25,2003.tomine.
the request of NaWtlar Resort Enterprises Couporation fir approval of a Me9ot
Conditional Use the the ca.Ini elan of an eighty-nine(89)mit heed with 8,158 span
feet oferm nerd4 use and otherameddar,and
WHEREAS, the 74aoebg Cas®rioo reviewed the following infomsion
relevant to thermoset sr a Mnfor Cmditiond Use: .
• The application for a Major Conditional Use dated I l/20.102;and
• Held stony prepared by Damn Smvey and Mapping, drawing 622557b-3,
updated 9f21/O1;and
• Site phm, Sheet A-4 rimed and sealed by Robert Bona & Associates, dated
a and
- Lather-we plan, Sheet L-2, by Brown and Crebbin Den. Studio, Inc., dated
5/17/M and
• Stuff Repeat dad May 9,2003;and
• Drainage plan, Sheet C-1,by Allen Perm, Perm Engineering and Development,
len,dated 10/23/02;and
• Level IE Traffic Study Pad by Transport Analysis Profeatonals, doted
6f19/02;and
Page 1 of 6
Northstar Resort Development Agreement: Exhibit B- Page 2 of 6
Dona 185948
Bk4 2543 Pglt 983
• Thar figlowbeg hem of coordination
Department ofBwvnmmmdt ProMadoq dated 12102)02
Deparimat of Environmental Protection,dated If 09/01
Depmtme d ofCamtmdyAffairs,dated 12R8A0
SouthElaida Water Mowed District.dad 12/16d02
Florida DepdrdatofHadth,dated 1 rn1102
Marco Caoaty Solid Waste Meoayemat,dried 11R6102
PktlsXeysM etricCoepaalive,dated 12/03/02
Florida Keys Agaedrt Authority,dried 17/03(02
• Sworn testimony of staff
• Comments offalm Wo1W Denim Commission Camel;ad
• Swam testam,bymabea of the patdie
wdnzes,de Daft Comminion Sepal as*Rowing findings ails ad
aooelaalaaafla n-
1: Dosed a the matdalr submit id,to develop a lobe.-t.t hotel with 8.153
square feat of annentrial are the appiraoa win need to deannat Ito woe
of the twelea®t Instal Randy mete via a valid Plarida Bare. If
do—ed,then anvatyfeven(77)Traenra. le ROGO Baempdaa(7703)will
beragdred to achieve Poe told ofeig ty-ada al4 hi lies of raid documentation
89 THE will be required. Addiham0y fifteen (15)Tnnefaabls Devdopmat
Rights (1DR)will be required to unlit the prapored dewbpmat to um the
mama not density far the site pa Section 9.544(D-4)of the Mmoe County
lad Development Regolmom Therefore, we conclude the appopim
Daring docmm atian in combimtia with 77 THE aid 15 TDR mast be
ablated or atrial of 89 MR in mmbmetionwith 13 TOR mat be obtained prim
to the(mace of a bmldog pnuit.
2. Bred m the maladels abmiad for review the-project will swam en
Environmental Rmomrva Permit tom the South Florida Wider Mammal*
District (SPWID). 7benfore, we canal&that said peat mast be obtshied
prior toles issuance of*building permit.
3. . Eared on the plans samba a mince watt mesgmatkmepomt damage
palm is represented m Sheet C-1. Therefore. we conclude thm the County
Engirt men review and :pane the rodeo. water mmarrins owweparal
damage oleo prior in the istrnee of a balding permit
4. Brad on the maWial mbdsd,Florida Department of Tn.... L a(PDO7)
Pemba will be regrind far any remolpamion of aiming aroma ways r well
a Toy other appopriam permits identified through the FDOT pre-application
mores. Thaethre,we emchde that the applicant must naive sword from
PDOT via a lea of inter prior to the in®ee of a building petit
Page 2of6
Northstar Resort Development Agreement: Exhibit B - Page 3 of 6
S. Bored an the plc submitted and me comments of the Monroe Comfy Tref&
Consultant, the USht sum lm (dese4Mion Bane)does not meal FDOT deign
andante. Thapfa•we cowhide that the tight ban lane at mat the FDDT
daignetladade and beapparedby the CantyTraf cCompmt.
6. Bed on the material smdtted the proposed development mat eoonli ate with
the Florida Depmanem of Halm if wastewater flows a e bur at or mind to
10,00D Batons pa day or with .the Florida Depammt of Bnvieammtd
Pmotestan if wastewater Bova exceed 10.000 gallon pa day. Therefore, we
q deta coedla a completeplm ce reviewto&tandemcomplanwit the providers
of Chair 64E-6 of the Florida Admtaimenve Code, and Capes 381 of the
cm Flmi&Statute by the appropriate agency is naked prior to the ismma of a
building permit
>� 7. Bad entheplm mlm a itad Lmaplstdmp not yet teen submitted far
oat revlaw. ThhsaBerat wsmmelada dot.>r.osplanlatan plan most bereviewed and
manned by to Canty Biologist prior to the issuance of a baBht.g permit.
8. Bad on the pin e8nstbd the peeped development will igabde reoosalae
of the adding dotting BrIDta,however no amnion dts docl®g fadldy is
allowed. Therefore.we cascade this dl alpaca of the Foaaed devabpormt
that are proposed in juraintionalwetlands or submerged ands will be subject to
review and approval by both the U.S.May Can of Engineers and the Florida
Dapolmnt of Environneardel Protection.
9. Based on the material ssbmfnnd all amities emaciated wit is Nordista hotel
ere thr pence wee only abiding the restaurant, docking thalida. bat ramp,
swimming pool. era. Thneforti,we comiade that to Nafl hotel and its
amenities will not be open to the pupa Pmtbamwq any deptma term this
"gatad"concept all require an Ammdmmlto&MaarConditional Use.
10. Bad on the palm admitted and to taeceante cite Planning ComWm the
proposed development will mitre the moat®net density far the she. The
development will also emote a mead for affordable employee freing that canna
be met ache. Thaafore,we conclude, based on the swan tatimaq of On
applicant's reprandadve lhat not lass than ton(10) said not more then twenty
(20) newly combatted affordable agriers homing units amesntm- with
Secdom 9.5-4(A-5)and(B-1)will be manmad off-vita
11. Band oaths suoemeas of the applicant's ages,the sigma fa the hotel dad be
'limited and appsop to Thereto,we conclude this awe. nor Beatified,bon
lighted,sign may be placed in the property's brags on U.S.i to indicate the
location tithe Wonkier hotel
Pegs 3 of 6
Northstar Resort Development Agreement: Exhibit B- Page 4 of 6
12. Bad on the agremmt of the applicant's agent,m mortised permed erotic
ash indodfo6 bet not limited to jet skis ad wave torment will be tented or
allowed to be wed from theNottheli 's docking Scatty or bat ramp.
13. Based on the agre mot of the ma's agent,the existing docking facility will
rater d akeee dips.n_ t,..,we omdade/hattwoarps will he appropriated
Sr the hatd's two hoer daaarbed r a mart arose bod and a charter bat
mspoitivelywS7eme yearning Storm(14).I ,.will ho Ibr patron use only.
14. Byrd on We agm®mt of the appli at'a agent my veht ii r traffic utilizing
Thad Street is raided r armories. Therefore,we 000ektde ltwt there
M6 shall be no restored deliveries,no Waor-hdlr or be usage of Thummnd
Street let the prpae ofeda®gorexiting McNort *:hotel.
a'' 15. Bred an Seaton 9.5-61 alms Mora Coati Land Develcipmeat Reorders
the rapier paling hid be one
analade that the napbr lied malting ho from
238 to 120 steel.anti a opa epee via a haat of omeverion earner
(GOMA).
16. Bad on the agreement of the spplicenth eget,out of the two editing bat
tamps dAsllbeamned. Therefore,we conclude that there than be only one bat
imp wrath(apace or.
17. Bad on the plum situated,all outdoor lighting fr the proposed development
most seer the calorie of ecctiam 9.5-391-395 with ragad to atof lights and
lighting inGlom proximity to theseafront.
STOW THEREFOR%BE IT RESOLVED BY THE PLANNING COMhtR&ION
OF MON OE COUN1Yt FLORIDA, that the preceding Srdigs of hat and
arohrdam of la lappet its decision to APPROVE the raped of Nathedr Rasa
Bmeprea,Inc.for a Meier Coodi4mal Use for to sosieeice of a resort boil with
dghaydm (89) wail 8,I5g sgrre fee of ammadd see and other amenities on
property described as Section 32, Township 61 herb, Range 39 East in leitads
Subdivide ad El Dorado Heights Subdivision,Rey Largo,Mane Comity,Florida,
with the tuowisg cssdiden
1. The applicant ehai dotemitin the adatenee of the twdvesmit motel formerly ors
site via a valid Florida license. if daaonotsd,the the ipphad shall need 77
ifmd doamr Son CINto rostrumErostrumon eighty-don(89)hotel mitt
shrewd ski Wise 89 TRR to construe dghityeim
(89)unitspeiorto the issuance ofabalding part
2. The applicant shell obtain an Environmental liner Permit from to South
Florida Water Maocgemer District prior to the ismere of abu ldingptrmit
Page of
Northster Resort Development Agreement: Exhibit B- Page 5 of 6
3. The County 1n,gea dull review and rapture the sorbet wata
managammtowsryloal drains.plan prior to the isanasofa banding permit
4. The applicant that abhor Florida DepatmeatofTemgatstlon(FDD1)pamits
fot arty moaodgaatloo of somas ways and any other appropriate permits .
identlfled through the PDOT preumplicadice moons prior to the Maamm of a
Molding smolt
3 5. Thaproposed debt dsodsation tees shall meet MOT design criteria and be
approved by the Memos Carry raffia Camilla prior to the beam of a
d building putt.
6. A cam date plan review to dolman,/compliance with thepmvitions of Chupta
a: 6415-6 of the Florida Adomimadw Cods and steno 3gM of item Florida Saes
to is kw
r Mae wastewanr healmm/by ern appropriate army(Florida Depranmt
• of Hole,if flow is her thin 10,000 pitons a day or Florida Deportment of
Envircementel Protection,if flow is more der 10,000 gallons a day)prior to the
imam of a bond*peon&
7. The transplanledm plan mot be wed and approved by the County Biologist
prior tothe Maass ofaba ldtogremit
.
& AB ureter of the proposed dewelopmant that a orpnethand nn wahods a
submerged loth,including IS reoaradeon of the egg Amon dip docking
fatality man be reviewed and approved by both the U.S. Arum Corps of
Bagoeas and the Fiends Department of Bnvhoaemtal Protection prim to the
issuance ofabmldn,gpermit
9. The Northam hWM as its tiles shad not he open to`ea publics'and my
dcpatme from this '1se concept shall-remake an Amendment to a Myth
CmNBooap Use.
10.Not less Own ten(10)and not marethm twenty(20)newlycmaected affordable
hasn,g employes homing oohs consistent with Sections 9.5-4(A-5)and 9Sa(3-
1)shall be cenWncted offnile. The employee units shall be completed prior to
ths issuance of a Certificate of Occupancy for the Nags hctet.
11.One nood/md6ad,her lighted,sign shall be placed in drproperty's frontage on
US.1 to indiate the location of the Nord W a hotel.
12.No motorized personal water cavil,inclaribig but not limited to,jet shh and wave
rumors will be rented from or allowed to be need from the Nathan?,docking
fieigty. .._
Paps of
Northstar Resort Development Agreement: Exhibit B- Page 6 of 6
13.The existing dodging fluty will remain a sixteen 6)dips with two slip being
sppop iamd for the hetd's meet cadge boot and charter bat while the
rem+iningfeateen(14)sgpa will be tir patron use only.
14.VddAlr Dale esmehted wide the Nam.lr hotel utilizing Thurmond Sheet
shell be lasodated to eutemet See madden shell be no ca®stdd deliveries,u
tractor hailer or brie pep of Thgmoed Sheet
15.Planet to Section 9.5-61 Mew Monroe Comity Lend Development Rep4aima
the respired whin shall be oee•hoodrd twenty(129)sprrs. The rrpS hod
wain Ass the redacts of prints' spoor from Mo•Emd,ed Midnight
(236) to ons-hsded twenty 020) then ramie as ogee epee vies Glut of
Cesevsais a rmeet(GOCEA).
16.Ou'of the two eehWg boat mops steal be mmoied lentegme boat swig for
phut ows.
Sit
a m I?.All outdoor lighting ter the proposed developmem some meet the aged. of
Scotties 93 391-395 with impel to Mof Habit and Eighths'ion elms parity
to the water/Mob
PASSED AND ADOPTED by the Pining Commission of Monroe Coady,
pin ide,
aukRitz YES
OommiriesrCabmen • YES
CaemivmerMrgslti YES
Commiedmoerpeteey YES
Commissioner Weding YES
PLANNING cOP
Mn p�u: av FLORIDA
By :/ C /L a
p David Rid,Chair
Sipped&/Di day of LJr fwsber 2003
hai1W
APES Al twtwr
At D
BY dames
Page 6 of 6
Northstar Resort Development Agreement: Exhibit C-Page 1 of 3
MONROE COUNTY
OPPICIAL RECORDS
PILE 81 4 6 3 4 3 5 0 RCD Aug 17 2664 09,29AN
BK42 0 3 5 PG62 3 4 DANNY L K0LHAGB, CLBRR
MONROE COUNTY FLORIDA
MINOR CONDITIONAL USE DEVELOPMENT ORDER M 4-04
A DEVELOPMENT ORDER ESTABLISHING THAT 47 ROGO
EXEMPTIONS FROM NORTHSTAR RESORT ENTERPRISES,
INC. ARE ELIGIBLE FOR TRANSFERENCE
WHEREAS, Northstar Resort Enterprises, Inc. is the owner of property legally
described as Parts of Lots 4,8,9, 11 and 12, Section 32,Township 161,Range 39,Island of Key
Largo, Monroe County, Florida and is addressed as: 99500 Overseas Highway with Real Estate
Numbers: 00087940.000100, 00087970.000100, 00088020.000000, 00088030.000000, and
3 00088040.000000;and
2' WHEREAS, the above described property is located in the Suburban Commercial (SC)
land use district, and the future land use map designation (FLUM) is Mixed Use/Commercial
-at
(MC);and
Ira WHEREAS, the applicant is seeking development approval to establish 47 residential
ROGO exemption units(TREs)for off-site relocation; and
WHEREAS, the Biologist has determined that the habitat is disturbed with some
scattered native trees and no hammock on-site;and
WHEREAS,the Development Review Committee(DRC)of Monroe County,Florida,in
accordance with the provisions of Sections 9.5-24 and 9.5-68 of the Monroe County Land
Development Regulations,met to review the request of Northstar Resort Enterprises for approval
of the application for transfer of 47 ROGO exemptions on May 18,2004;and
WHEREAS, the Development Review Committee reviewed the following documents
and other information relevant to the request for approval of a Minor Conditional Use:
I. A completed application for development approval for transfer of ROGO exemptions
(Sender Site) which included all documents required by the application dated March
25,2004;and
2. A sender site staff report prepared by by Jason King, Planner and Niko Reisinger,
Biologist dated May 11,2004;and
DO it 4-04
Northstar IRE Sender Sire
6/24/2004 5:11 PM FINAL Page 1 of 3 Iniash
Northstar Resort Development Agreement: Exhibit C-Page 2 of 3
kid 1859469
FILE ill 4 6 3 4 3 5
Bk* 2543 Pg# 989 BSs2O35 PGs235
WHEREAS, based upon the information and documentary evidence submitted, the
Development Review Committee adopted the following findings of fact and conclusions of law:
1. The Northstar Resort Enterprises, Inc. had a valid operating pennit from the
Department of Health and Rehabilitative Services for 45 mobile homes,which were
accounted for in the 1988 Monroe County Mobile Home and RV Study;and
2. There is also a one-story concrete residence and a two-story residence on the
premises recognized as established in the Letter of Understanding dated January 5,
2004; and
WHEREAS, the Development Review Committee, based on its findings of fact and
conclusions of law, recommended approval with conditions of the application for development
approval of transfer of 47 ROGO exemptions;and
WHEREAS, the Director of Planning has duly considered the recommendation of the
Development Review Committee;and
WHEREAS,the record established,the testimonies,offered,and the evidence submitted,
support the findings of fact adopted by the Development Review Committee:
NOW THEREFORE, BE IT RESOLVED BY THE DIRECTOR OF PLANNING
OF MONROE COUNTY, FLORIDA, that the request by Northstar Resort Enterprises Inc. to
approve for transfer of ROGO exemptions of 47 Non-transient TREs is hereby APPROVED
with the following conditions:
I. The sender units have been assigned unique identifier numbers that shall be used for
tracking and monitoring by the Planning Department. The unique identifier numbers
listed below shall be itemized in the conditional use orders and building permits
required for both the sender and receiver sites.
The unique identifier numbers for eligible transferable residential units are identified
in Development Order#4-04 as Nos.A-0153 through A-0200.
2. No building permit shall be issued for the new unit on the receiver site until one(I)of
the following conditions are met:
a. The units are demolished as per an issued demolition permit and a final inspection
for the demolished units or spaces have been completed by the Building
Depament are for the sender site; or
b. The units are removed pursuant to a development approval,development order,or
development permit and a final inspection for the removed unit is completed by
the Building Department for the sender site.
DO N4-04
Northstar THE Seeder Site
6/24/2004 5:11 PM FINAL Page 2 of 3 InIthIs
Northstar Resort Development Agreement: Exhibit C-Page 3 of 3
Doe# 1859459 PILE $ 1463435
Bkg 2543 Pg$ 99B BKs 2 0 3 5 PG11 2 3 6
3. The applicant shall have five (5) years from the date of the approval of the Minor
Conditional Use to transfer the eligible units,identified in Development Order#4-04
as Nos.A-0153 tlwugh A-0200,or the Minor Conditional Use shall become void and
Northstar Resort Enterprises, Inc. shall be required to apply for and secure a new
minor conditional use permit for fhtuie transfers off-site. The Director of Planning
may extend this time limitation and grant an additional two(2)years for the allocation
and transfer of the residential ROGO exemption unite upon written request and for
good cause shown.
G7•AO X. / Cona areea-4,
Date K.Marlene Conaway
Director of Planning and Environmental Resources
HEREBY CERTIFY that on this day before me,an officer duly authorized in the State aforesaid
and in the County aforesaid, to take acknowledgments, personally appeared K. Marlene
Conaway, to me known to be the persona described in and who executed the foregoing
instrument and he acknowledged before me that he executed the same.
WITNESS my band and official seal in the County and State last aforesaid this ,79 rN day of
a.4✓E ,2004.
' • (--sOT et)
NICOLE N. PETmCK r
e '� vaCu Putt 1 NOTARYP IC,
as r development to OFm FLORIDA
rMusltis order constitutes an amendment, extension,
estimeierrerettersiturefewrIus conditional use permit,that document may be referenced by
the following N/A 'NONE"
NOTICE
If this development order is appealed under the Monroe County code or by the Department of
Community Affairs,the above time limits shall be tolled until the appeals are resolved.
This instrument shall not take effect for thirty (30) working days following the date of
memorialization thereof,and during that time,the permit shall be subject to appeal as provided in
Section 9.5-521(c)of the Monroe County land development regulations. An appeal shall stay the
effectiveness of this instrument until resolved.
In addition,please be advised that pursuant to Chapter 91-1, Florida Administrative Code(FAC),
this instrument shall not take effect for forty-five(45)days following the rendition to the Florida
Department of Community Affairs. Pursuant to FAC Section 91-1.003(2), "Development orders
shall not be rendered until the time within which to file any local administrative appeals pursuant
to local ordinances has expired." During that forty-five days, the Florida Department of
Community Affairs may appeal this instrument to the Florida Land and Water Adjudicatory
Commission, and that such an appeal stays the effectiveness of this instrument until the appeal is
resolved by agreement or order.
MONROK COUNTY
DON4-04 OFPICIAL RECORDS
Nonhstat THE Sender Site
6/24/2004 5:11 PM FINAL Page 3 of 3 Initials
Northstar Resort Development Agreement: Exhibit D-Page 1 of 3
MONROE COUNTY
OFFICIAL RECORDS \
PILE t1 4 6 3 4 3 9 ICD Aug 17 2004 0923IAM
BKt2 0 3 5 PGt2 4 0 DANNY L KOLNAGE, CLERK
MONROE COUNTY FLORIDA
MINOR CONDITIONAL USE DEVELOPMENT ORDER M 5-04
A MINOR CONDITIONAL USE DEVELOPMENT ORDER
ESTABLISHING THAT 47 ROGO EXEMPTIONS MAY BE
RECEIVED AT THE FLORIDA KEYS RV PARK
WHEREAS,Northstar Resat Enterprises,Inc. is the owner of Florida Keys R.V. Resort
property and is described as Parts of Lots 5, 12, and 13, Section 6, Township 61, Range 40,
Island of Key Largo,Monroe County,Florida. [6-61-40 ISLAND OF KEY LARGO PT LOTS 5-
12-13 0R463-879 OR 735-585 OR 735-586-589 OR 1014-2340(DCP) OR 1175-2027 /
30AMFf(CW)OR 1180-1670/71(CW)];and
era
WHEREAS, the above described property is located in the Suburban Commercial (SC)
e land use district, with the future land use map designation (FLUM)of Mixed Use/Commercial
I (MC);and
WHEREAS,the applicant is requesting development approval for transfer of 47 ROGO
exemption units (TREs) to the above described property henceforth referred to as the receiver
site;and
WHEREAS, the Biologist has determined the site to be disturbed with some scattered
native trees and that there is no hammock on the property;and
WHEREAS, the current request to transfer 47 residential R000 exempt (7RE) units
from Hollister Resort Enterprises,Inc. to the Florida Keys R.V. Resort is being made in lieu of
condition number ten of Resolution P47-03, which states, "Not less than ten (10) and not more
than twenty (20) newly constructed affordable housing employee housing snits consistent with
Sections 9.5-4(A-5) and 9.5-4(E-1) shall be constructed off-site. The employee units shall be
completed prior to the issuance ofa Certificate of Occupancy for the Northstar Hotel";and
WHEREAS,the Development Review Committee(DRC)of Monroe County,Florida,in
accordance with the provisions of Sections 9.5-24 and 9.5-68 of the Monroe County Land
Development Regulations, met to review the request of Northstar Resort Enterprises, Inc. for
approval of the application for development approval of transfer of 47 ROGO exemptions;and
WHEREAS, the Development Review Committee reviewed the following documents
and other information relevant to the request:
1. A completed application for development approval for transfer of ROGO
exemptions (Receiver Site) which included all documents required by the
application dated March 25,2004;and
DO A 5-04
Nn IRE Receiver MINAte
6/24/2004 5:11 PM FINAL Page la 3 tnirinb
'859469 Northstar Resort Development Agreement:Exhibit D-Page 2 of 3
Bk42513 P�1992 PILB 01463439
R a; 2 0 3 5 PG; 2 4 1
2. A receiver site staff report prepared by Jason King, Planner and Niko Reisinger,
Biologist dated May 11,2004;and
WHEREAS, based upon the information and documentary evidence submitted, the
Development Review Committee adopted the following findings of fact and conclusions of law:
I. Based upon the information and documentary evidence submitted, the site in
question complies with the criteria under Section 9.5-120.4 through 9.5-120.5.
Therefore, we find that the Florida Keys RV Park is an appropriate receiver site
for 47 TREs from Northstar Resort Enterprises,Inc.;and
WHEREAS, the Development Review Committee, based on its findings of fact and
conclusions of law, recommended approval with conditions of the application for development
approval of transfer of ROGO exemption;and
WHEREAS, the Director of Planning has duly considered the recommendation of the
Development Review Committee;and
WHEREAS,the record established,the testimonies,offered,and the evidence submitted,
support the findings of fact adopted by the Development Review Committee:
NOW THEREFORE, BE IT RESOLVED BY THE DIRECTOR OF PLANNING
OF MONROE COUNTY, FLORIDA that the request by Northstar Resort Enterprises Inc. to
receive 47 Non-transient TREs is hereby APPROVED subject to the following conditions:
I. A building permit will be required for the development of units at the receiver
site.A major conditional use application will also be required for the development
of those units at the receiver site. The major conditional use development will
require a Pre-Application Conference in which the following shall be required in
the form of a Letter of Understanding:
a) The receiver units must be attached dwelling units pursuant to Section 9.5-120.4
(B)(i); and
b) The receiver[nits meet the criteria for affordable housing pursuant to Sections 9.5
-4(A-5)and 9.5-266;and
c) Any development application must demonstrate with a traffic study acceptable to
Monroe County traffic engineers that their proposed development will not impact
hurricane evacuation times;and
d) The development conforms to all other Land Development Regulations.
2. The unique identifier numbers assigned to Northstar Development for eligible
TREs are identified as A-0153 through A-0200.
DO n 5-04
Northstar TRE
er Site
6/24/2004 5:11 PM FINAL
Page 2 of 3 Initials /!
god 1859469 Northstar Resort D,rpLogmi,njA rregrnvinibbt D-Page 3 of 3
fik4Y543 P9k993 BR 2035 PG0242
3. The applicant Northstar Resort Enterprises Inc.,shall have three(3)years from the
date of the approval of the Minor Conditional Use to utilize the 47 TREs and to
complete construction of all structures for which the TREs were granted, or the
Minor Conditional User shall become void and Northstar Resort Enterprises Inc.,
shall be required to apply for and secure a new Minor Conditional Use for the
transfer of TREs to the site.
Date K.Marlene Conaway
Director of Planning and Environmental Resources
HEREBY CERTIFY that on this day before me,an officer duly authorized in the State aforesaid
and in the County aforesaid, to take acknowledgments, personally appeared K. Marlene
Conaway, to me known to be the persona described in and who executed the foregoing
instnunem and he acknowledged before me that he executed the same.
W NESS my hand and official seal in the County and State last aforesaid this 'er dayof
if//A/6 — — — — ere • /�27 Cam/
I NICOLE Y. PETRICK t
I NOWT N. RF10rYa '
•
MCannlrntems.M sari
Gmmlaagn a CDaaraM ,NOTARY PUB ,STATE OF FLORIDA
RE mat order constitutes an amendment, extension,
variation,or alteration of a previous conditional use permit,that document may be referenced by
the following N/A "NONE"
NOTIC4
If this development order is appealed under the Monroe County code or by the Department of
Community Affairs,the above time limits shall be tolled until the appeals are resolved.
This instrument shall not take effect for thirty (30) working days following the date of
memorialization thereof and during that time,the permit shall be subject to appeal as provided in
Section 9.5-521(c)of the Monroe County land development regulations. An appeal shall stay the
effectiveness of this instrument until resolved.
In addition,please be advised that pursuant to Chapter 9J-1,Florida Administrative Code(MC),
this instrument shall not take effect for forty-five(45)days following the rendition to the Florida
Department of Community Affairs. Pursuant to FAC Section 9J-1.003(2), "Development orders
shall not be rendered until the time within which to file any local administrative appeals pursuant
to local ordinances has expired." During that forty-five days, the Florida Department of
Community Affairs may appeal this instrument to the Florida Land and Water Adjudicatoty
Commission,and that such an appeal stays the effectiveness of this instrument until the appeal is
resolved by agreement or order.
KOBROB COUNTY
OFFICIRL RBCOROS
DO 4 544
Northstar THE Receiver Site
6/24/2004 5:11 PM FINAL Page 3 of 3 Initials re
•
Northstar Resort Development Agreement: Exhibit E - Page 1 of 3
Cod 1859469
RESOLUTION NO.P55-03 3d 2543 Pg# 994
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION APPROVING THE REQUEST FILED BY THE
NORTHSTAR RESORT ENTERPRISES CORPORATION TO
TRANSFER ONE HUNDRED TWENTY-SIX (126)
TRANSFERABLE ROGO EXEMPTIONS IN THE FORM OF
RECREATIONAL VEHICLE SPACES OFF-SITE FROM
PROPERTY IN KEY LARGO, FLORIDA, DESCRIBED AS
SECTION 6,TOWNSHIP 61,RANGE 40,PART OF LOTS 5, 12,
AND 13 WITH THE REAL ESTATE NUMBER
00083970.000000
WHEREAS, Northstar Resort Enterprises Corporation is the owner of real
property described as Section 6, Township 61,Range 40, Parts of lots 5, 12, and 13 with
the Real Estate Number 00083970.000000;and
WHEREAS,the above described property is located in the Suburban Commercial
(SC)land use(zoning)district; and
WHEREAS, Northstar Resort Enterprises Corporation applied for a Minor
Conditional Use approval for the transfer of one hundred twenty-six (126) Transferable
ROGO Exemptions(TRE)off-site from the property described above;and
WHEREAS,the Planning Commission of Monroe County,Florida, in accordance
with the provisions of Sections 9.5-24 and 9.5-68 of the Monroe County Land
Development Regulations, met at a regular scheduled meeting on September 24, 2003 to
review the request of Northstar Resort Enterprises Corporation for approval of a Minor
Conditional Use;and
WHEREAS,the proposed request meets the requirements of a Minor Conditional
Use as delineated in Section 9.5-68 of the Monroe County Code;and
WHEREAS, the Planning Commission reviewed the following documents and
other information relevant to the request for approval of a Minor Conditional Use:
1. The application for a Minor Conditional Use dated,April 21,2003;and
2. Site survey,signed but not sealed,prepared by Hal Thomas, Professional Land
Surveying,dated 5/25/00; and
3. Contractual agreement between the buyer, Northstar Resort Enterprises Corp.
and the seller, SH3, LTD for the aforesaid property described by Real Estate
Number 00083970.000000;and
C:\TEMP\P55- Page I a!7
03.doc
• Doo81859469
• Bk# 2543 PO 995
Northstar Resort Development Agreement: Exhibit E- Page 2 of 3
4. Property record card from the Monroe County Property Appraiser's office; and
5. State of Florida, Department of Health and Rehabilitative Services permit
#44-54-00037;and
6. Site map; and
7. Staff report prepared by J.G. Buckley, Planner, and Niko Reisinger, Biologist,
dated August 26, 2003;and
8. Comments by members of the Planning Commission;and
9. Sworn testimony and exhibits by members of the general public; and
10. Sworn testimony of Growth Management Division staff;and
11. Advice from John Wolfe,Esq.,Planning Commission Counsel;and
12. Sworn testimony made by Don Craig,AICP,on behalf of the applicant;and
13. Comments from Tim Thomes,Esq.,on behalf of the applicant;and
WHEREAS, based upon the information and empirical evidence submitted, the
Planning Commission adopted the following Analysis of Compliance, Findings of Fact
and Conclusions of Law:
1. Based on the plans submitted, the transfer off site is consistent with Section
9.5-120.4(b). Therefore,we conclude that the transfer off site shall consist of
the demolition of a unit or space from a sender site and the development of a
new unit(s)on a receiver site.
2. Based on the plans submitted and the testimony heard,the sender spaces meet
the eligibility requirements of Section 9.5-120(4):
• In existence as of January 4, 1996;and
• Accounted for in the hurricane evacuation model which forms the
basis of ROGO;and
• Lawfully established;
Therefore, we conclude that one hundred twenty-six (126) recreational
vehicle spaces are eligible and will be transferred off-site.
3. Based on the plans submitted, we conclude that thirteen (13) mobile home
spaces will remain on site.
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION
OF MONROE COUNTY, FLORIDA, THAT: the preceding Findings of Fact and
Conclusions of Law support its decision to APPROVE, the request by Northstar Resort
Enterprises Corporation for the transfer of one hundred twenty-six (126) Transferable
ROGO Exemptions from the sender site.
PASSED AND ADOPTED by the Planning Commission of Monroe County,
Florida,at a regular scheduled meeting held on the 24m day of September 2003.
Page2of3
• Northstar Resort Development Agreement: Exhibit E- Page 3 of 3
Chair Coleman Yes
Vice Chair Werling Yes
Commissioner Mapes Yes
Commissioner Margalli Yes
Commissioner Ritz Yes
PLANNING CO, - S •N OF MONROE COUNTY
By AC-
01
Signed this iraiay of 4.47,lj/ , 2003
APPROVED AS TO FORM
AND LE7LAL SUFFICIEN
may's OM
8kp1859462
2543 P$ g%
Page 3 of 3
• r
Northstar Resort Development Agreement: Exhibit F- Page 1 of 3
49
RESOLUTION NO. P56-03 Bxq 1
Bids# 1543 l3 pgq 997
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION APPROVING THE REQUEST FILED BY THE
NORTHSTAR RESORT ENTERPRISES CORPORATION TO
RECEIVE SEVENTY-SEVEN (77) TRANSFERABLE ROGO
EXEMPTIONS IN THE FORM OF RECREATIONAL VEHICLE
SPACES TO DEVELOP AN EIGHTY-NINE UNIT HOTEL
WITH RESTAURANT, 8,158 SQUARE FEET OF
COMMERCIAL USE AND OTHER AMENITIES ON
PROPERTY DESCRIBED AS SECTION 32, TOWNSHIP 61
SOUTH,RANGE 39 EAST IN LEITNER'S SUBDIVISION AND
EL DORADO HEIGHTS SUBDIVISION, KEY LARGO,
MONROE COUNTY, FLORIDA WITH THE REAL ESTATE
NUMBERS 00087940.000100, 00087970.000100,
00088020.000000,00088030.000000,AND 00088040.000000.
WHEREAS, Northstar Resort Enterprises Corporation is the owner of real
property described as Section 32, Township 61 South, Range 39 East in Leimer's
Subdivision and El Dorado Subdivision, Key Largo, Monroe County, Florida with the
Real Estate Numbers 00087940.000100, 00087970.000100, 00088020.000000,
00088030.000000,and 00088040.000000;and
WHEREAS,the above described property is located in the Suburban Commercial
(SC) land use(zoning)district; and
WHEREAS, Northstar Resort Enterprises Corporation applied for a Minor
Conditional Use approval for the receivership of seventy-seven (77)Transferable ROGO
Exemptions(TRE)on the property described above;and
WHEREAS,the Planning Commission of Monroe County,Florida,in accordance
with the provisions of Sections 9.5-24 and 9.5-68 of the Monroe County Land
Development Regulations,met at a regular scheduled meeting on September 24, 2003 to
review the request of Northstar Resort Enterprises Corporation for approval of a Minor
Conditional Use;and
WHEREAS,the proposed request meets the requirements of a Minor Conditional
Use as delineated in Section 9.5-68 of the Monroe County Code;and
WHEREAS, the Planning Commission reviewed the following documents and
other information relevant to the request for approval of a Minor Conditional Use;
11
• ' , Doc* 1859469
Bk8 2543 PO 998
Northstar Resort Development Agreement: Exhibit F- Page 2 of 3
I. The application for a Minor Conditional Use dated,April 21,2003; and
2. Field survey prepared by Barrow Survey and Mapping, drawing #22557h-3,
updated 9/21/01;and
3. Site plan, signed and sealed by Robert Barnes & Associates, dated 5/02/02;
and
4. Landscape plan, by Brown and Crebbin Design Studio, Inc., dated 5/17/02;
and
5. Drainage plan, prepared by Allen Perez, Perez Engineering & Development,
Inc.,dated 10/23/02;and
6. Level III Traffic Study, prepared by Transport Analysis Professionals, dated
6/19/02;and
7. Restaurant floor plan,prepared by Robert Barnes&Associates,dated 5/16/02;
and
8. Elevation drawings, prepared by Robert Barnes & Associates, dated 4/24/02;
and
9. Staff Report prepared by J.G. Buckley, Planner, and Julie Cheon, Biologist,
dated August 26,2003;and
10.Comments by members of the Planning Commission; and
11. Sworn Testimony and exhibits by the general public;and
12. Sworn testimony by Growth Management Division staff;and
13. Sworn testimony by Don Craig,AICP,on behalf of the applicant; and
14.Comments by TimThomes,Esq.,Counsel for the applicant;and
-- - 15. Advice from John Wolfe,Esq.,Counsel for the Planning Commission
WHEREAS, based upon the information and empirical evidence submitted, the
Planning Commission adopted the following Analysis of Compliance, Findings of Fact
and Conclusions of Law:
1. Based on the plans submitted, the transfer off site is consistent with Section
9.5-120.4(b). Therefore,we conclude that the transfer off site shall consist of
the demolition of a unit or space from a sender site and the development of a
new unit(s)on a receiver site.
2. Based on the plans submitted and the criteria delineated in Section 9.5-
I20.4(a)the transfer shall be to develop a hotel. Therefore, we conclude that
the sender site or space is eligible and has been used as a recreational vehicle
space(s).
3. Based on the plans submitted, the receiver site is located in the same ROGO
sub-area. Therefore,we conclude that the sub-area criteria is being met.
4. Based on the plans and material submitted the receiver site shall not garner
any negative points when evaluated pursuant to Section 9.5-122.3(a)(7)or(8)
or (9). Therefore, we conclude that the receiver site contains (7) no
Page 2ofa
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Doc4 1859469
Bk4 2543 Pg6 '
Northstar Resort Development Agreement: Exhibit F - Page 3 of 3
hammock, (8)no threatened or endangered species,and(9)no critical habitat
areas.
5. Based on the plans submitted,the receiver site(location of the hotel)is not in
a V zone. The property is located in a split flood zone including V, AE, and
X zones; the new hotel units will be located in the AE zone. Therefore, we
conclude that the receiver site is consistent with Section 9.5-122.3(a)(1 I)
which prohibits transfer to a V zone.
•
6. Based on the plans submitted, the site is not located in a Coastal Ranier
Resource System. Therefore, we conclude that the site is consistent with
Section 9.5-122.3(a)(12)that prohibits transfer to a Coastal Bather Resource
System area.
7. Based on the plans submitted, the receiver site is not located on an offshore
island/conservation land protection area. Therefore, we conclude that the
receiver site is consistent with Section 9,5-122.3(a)(13)that prohibits transfer
to an offshore island or a conservation land protection area.
8. Based on the plans submitted, the receiver site is eligible for infrastructure
availability points pursuant to Section 9.5-I22.3(a)(2). Therefore, we
conclude that the receiver site is served by existing infrastructure which
includes at a minimum, potable water, electricity and roadways which are
paved.
9. Based on the plans submitted, we conclude that the receiver site has an
overall ROGO score that is equal to or greater than the sender site.
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION
OF MONROE COUNTY, FLORIDA, THAT: the preceding Findings of Fact and
Conclusions of Law support its decision to APPROVE, the request by Northstar Resort
Enterprises Corporation for the receivership of seventy-seven (77) Transferable ROGO
Exemptions on the receiver site.
PASSED AND ADOPTED by the Planning Commission of Monroe County,
Florida,at a regular scheduled meeting held on the 241h day of September 2003.
Chair Coleman Yes
Vice Chair Welling Yes
Commissioner Mapes Yes
Commissioner Margalli Yes
Commissioner Ritz Yes
Page 3 of 6 _
Northstar Resort Development Agreement: Exhibit G- Page 1 of 17
Deal 1636314 61/02/2067 1:34191
1 RESOLUTION NO.P02-07 riledNOW! COUNTY In Official go •r
2
3 A RESOLUTION BY THE MONROE COUNTY PLANNING I1
4 COMMISSION APPROVING A REQUEST BY NORTHSTAR RESORT $S y
5 ENTERPRISES CORP.TO AMEND RESOLUTION P47-03 IN ORDER TO p is
6 BUILD A ONE HUNDRED THIRTY-EIGHTI'i tan w
FF e 4 7 INCLUDING (138)UNIT: RESORT HOTEL
$a 8 RESTAURANT, TWO (2) TIIQ BARS, 711 IhHi s,A MAINTENANCE
le + a
NNG NCE g F 9 BUILDING, OFFICES AND ONE (1) AFFORDABLE HOUSING UNIT. a�+ i
�Y 10 ADDITIONALLY, THIS RESOLUTION IS APPROVING A FRONT gS
3°'' 12 AND A 13%REDUCPION IN PARKING TO ALLOW YARD VARIANCE OF TWELVE(12)FEET ALONG W 1822 SPACES
WAY
Y:
it" 13 a. BS
g S 14 WHEREAS the Monroe County Planning Commission during a public e
1 15 hearing held on July 26, 2006 in Key Largo reviewed and considered this 5 16 amendment to a major conditional use along with the front yard variance and II~
1 I8 parking reduction waiver;andII t
'j 19 •
R WHEREAS Northstar Resort Enterprises Corp.is the owner of record for *y i„ 20 11.67 acres at Mile Marker 993 in Key Largo, Monroe County, Florida having 21 Real Estate Numbers:00566130.000000,
22 00097970.000100, 00087940.000000, 00087940.00, .g,. ftq
23 008806o.000010,and 00088020.000000, 00088030.000000, 00088040.000000, if!
g-
24 00087%0.000000;and Y f+
25 e 7
WHEREAS Resolution P47-03 approved a major conditional use permit $a i 26 to construct an eighty-nine(89)transient unit resort hotel and amenities;and i°g Il 27 4
28 WHEREAS Resolution P47-03 linked the Northstar Resortr�
29 affordable housing project and required that a minimum of ten (2 of with le
4 30 housing units be built;and (10) affordable
31
32 WHEREAS the increase in units from eighty-nine1G
33 thirty-eight (138) increases the number
o dab to units dred °k 34 from ten(10)to fifteen(15);and minimum ntunber of affordable housing
35
e 36 WHEREAS Development Order N4-04 was as
w 37 application issued to establish forty-seven (47) ROGO exemptionsmr conditionalfrouse =i
38 Northstar Resort site to be eligible for transference;and from the u
g{ 39 vs
aSc 40 WHEREAS Development Order #5-04 was a Se
'oi�w 41 application issued which received the OGo conditional use
forty-seven (47) to be exemptions from
l as 43 the North star Resort site at the Florida Keys RV Park to be built as attached 43 affordable housing units;and �.
44
45 WHEREAS Resolution P55-03 a
r
46 Resort to transfer one hundred twenty-siOI19 from t
(126) ROGO�exem ti n Nom the
47 Florida Keys RV Park off of the site;and P he
Nontttar PC Resolution.2
P02-07 DDCII 1859489 Page I of 7
8k# 1543 Pq# 1000
Northstar Resort Development Agreement: Exhibit G- Page 2 of 17
Dear 1835314
Ste 2283 Pee 1288
2 WHEREAS Resolution P56-03 approved the request filed by Northstar
3 Resort to receive seventy-seven (77) ROGO exemptions transferred from the pf
4 Florida Keys RV Park via P55-03 at the Northstar Resort site;and i I
5 ro
d 6 WHEREAS Development Order #17-96 established 1.5 Transferable u�
7 Development Rights(TDRs), Development Order N 18-97 established 2S9 TDRs, a„
8 and Development Order 87-05 established 7.36 TDRS and transferred a total of :•
9 11.45 TDRs to the Northerner Resort site;and ,. w
10 es
]1 WHEREAS Northstar Resort has two required front yard setbacks-one A.
12 along US-1 and and another along Woodward Way;and
,7 13
14 WHEREAS Allowing a thirteen (13) foot front yard setback along
r$1 15 Woodward Way will not negatively impact surrounding property owners;and
BB$$ 16
17 WHEREAS Woodward Way will remain a 24 ft. road and allow ingress
w 551 18 and egress for all property owners along Woodward Way even though Northstar '
1 19 Resort Enterprises owns nine(9)feet of the Western portion of the road;and
20
21 WHEREAS Planning Commission Resolution P47-03, condition 15, g8
22 requires that for every square foot of parking lot area that is waived a correlating =
23 square foot of open space must be created in excess of the required 20% and E
24-- remain as open space via a Grant of Conservation Easement(GOCEA);and
25
26 WHEREAS Northstar Resort Enterprises has requested a waiver of
27 twenty-seven(27)spaces that will require a GOCEA be recorded for a minimum F.
28 of 4,131 ft2 running in favor of Monroe County prior to the issuance of any
29 Certificate of Occupancy(C.O.);and
30
31 WHEREAS, the Planning Commission reviewed the following
32 documenbi and other information relevant to the amendment to the Major
33 Conditional Use request
34 1. Master Site Plan,Sheet A-1,by Robert Barnes,6/20/06;and
35 2. Partial Site Plans,Sheers A-2-5,by Robert Barnes,6/20/06;and
36 3. and
&Office Floor Plan,Sheet A-6,by Robert Barnes,1/10/06;
37 38 4. Reception & Office Elevations, Sheets A-7 - 8, by Robert Barnes,
39 1/10/06;and
40- 5. Restaurant & Lounge Floor Plan, Sheet A-9, by Robert Barnes,
41 6/20/06;and
42 6. Restaurant Elevations,Sheet A-10-11,by Robert Barnes,6/20/06;and
43 7. Maintenance First Floor Plan,Sheet A-13, by Robert Barnes,6/20/06;
44 and
45 8. Maintenance Affordable Housing - Second Floor, Sheet A-14, by
46 Robert Barnes,6/20/06;and
Norttuar PC Resolution v2 Pap 2 of 7
P024/7
Northstar Resort Development Agreement: Exhibit G - Page 3 of 17
Dean 1635314
Ban 2263 Pen 1290
1 9. Maintenance Affordable Housing- Elevations,Sheet A-15,by Robed
2 Barnes,6/20/06;and $
3 10. Building A4 first floor,Sheet A-16,by Robert Barnes,6/20/06;and $ a 1
4 11. Building A4 second flocs,Shcct A-17,by Robert Barnes,1/10/06;and I so-
5 12. Building A4 third floor,Sheet A-18,by Robert Barnes,6/20/06;and II II.
6 13. Building B2 first floor,Sheet A-19,by Robert Barnes,1/10/06;and o.'u.
4 7 14. Building B2 second floor,Meet A-20,by Robert Barnes,l/10/06;and - i9
8 15. Building 92 elevations,Suet A-21,by Robert Barnes,1/10/06;and a w
sa 9 16. Building B1 first floor,Sheet A-22,by Robert Barnes,1/10/06;and e ti
10 17. Building Bl second floor,Sheet A-23,by Robert Barnes,1/10/06;and *
II 18. Building Bl elevations,Sheet A-24,by Robert Barnes,1/10/06;and
12 19. Building B3 first floor,Sheet A-25,by Robert Barnes,1/10/06;and
13 20. Building B3 second floor,Sheet A-26,by Robert Barnes,1/10/06;and
raq 14 21. Building B3 elevations,Sheet A-27,by Robert Barnes,1/10/06;and
15 22. Buildings A1-3 first floor,Sheet A-28,by Robert Barnes,1/10/06;and
t 16 23. Buildings Al-3 second floor,Sheet A-29, by Robert Barnes, 1/10/06; •
217 and
18 24. Buildings Al-3 third floor, Sheet A-30, by Robert Barnes, 1/10/D6;
ta 19 and
11 20 25. Buildings A1-3 Elevations,Sheets A-31-3Z by Robert Barnes,1/10/06; _f
21 and ass
22 26. Field Survey drawing 422557h3 by Barrow Surveying & Mapping, ,,4 as.
23 9/21/01;and
24 - 27. Field Survey drawing 424937 Pugliese Parcel by Barrow Surveying& a
Mapping,25 not dated;and
26 28. Field Survey, drawing 4601 - Cullen Parcel by Task Surveyors, not i
27 dated;and
28
29 WHEREAS, the Planning Commission has made the following Findings
30 of Fact and Conclusion of Law, based on the sworn testimony of the Monroe
31 County Planning Department staff and the record:
32
33 1. The proposed project site is 11.67 acres with a land use
34 designation of Suburban Commercial(SC)and a Future Land Use
35 Map(PLUM)designation of Mixed Use/Commercial(MC).
36 2 Northstar Resort currently owns 932 acres of the proposed site
37 with a contract to purchase 2.35 acres included in the project
38 proposal
39 3. The 9.32 acres owned by Northstar Resort is associated with 89
40 lawfully established transient units,l market rate residential unit,
41 and 9,210 sq.ft of lawfully established non-residential floor area.
42 4. The 235 eats under contract for purduwe contains 3 market rate
43 residential units.
44 5. The Northstar Resort project is linked to an affordable housing
45 project to be located at approximate mile marker 106.
46 6. The Northstar Resort site has two sides which front roads and
47 would require a 25 ft.front yard setback Approving a variance to
Nonfatal.PC Resolution v2 Page 3 of 7
P02-07
Northstar Resort Development Agreement: Exhibit G- Page 4 of 17
Dell 1038314
aka 2263 PM 1201
1 allow Northstar to maintain only a 13 ft setback along Woodward p
2 Way instead of the required 25 ft setback will not cause any if IS 3 hardship to surrounding property owners or impact the property goa
4 values of surrounding property owners. "'
5 7. Northstar Resort is required to have 209 parking
6 Reducing that number by 13%or 27 spaces pursuant to MCC g99.5- it ,p N
7 523(b)(2)to require 182 parking spaces will still allow for adequate !
* 8 parking for the facility. Pursuant to Resolution P47-03, Northstar w w
9 Resort has identified 4,131 fa GOCEA to be recorded in " rr'
10 conjunction with this parking space reduction request *
I I 8. Resolution P55-03 identified the Florida Keys RV Park at mile
12 marker 106 as a transferable ROGO exemption (IRE) sender site
13 and recognized 126 TREs.
le14 9. Resolution P56-0S transferred 77 of these TREs to the Northstar
w 15 Resort site leaving 49 TREs on the Florida Key RV Park site
16 available fortranefer.
$d 17 10. Northstar Resort meets the criteria detailed in 120.4(b)a.ui) (1)a.
r 18 (il) and is eligible to receive the 49 remaining TREs identified in to
R 19 P55-03 from the Florida Keys RV Park site. W
20 11. Conditions 2,3,4,6,7,8,11,12,13,16 and 17 from Resolution P47- "
If 21 03 shall be maintained.
22
23 NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION It
24 OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and
25 Conclusions of Law,support its decision to: sec
• 26
27 APPROVE the request filed by Northstar Resort Enterprises Corp. to
28 construct a one hundred thirty-eight (138) unit resort hotel including the
29 following amenities: a 4,910 ft2 restaurant, two (2) tiki bars, till hub, a
30 maintenance building, offices and one(1) affordable housing unit as well as, a
31 front yard variance of twelve (12) feet along Woodward Way and a 13%
32 reduction in parking to allow 182 spaces with the following conditions:
33 1. Prior to drafting a Planning Commission Resolution,the applicant
34 shall:
35 a. Submit proof of ownership for the Cullen parcel including
36 exact acreage owned as well as who will possess the three(3)
37 market rate permanent residential units established on that
38 parcel;and
39 b. Submit a Preliminary Plat Application for the Cullen parcel
40 only a portion of the current pawl is being bought by
41 Northstar. If this plat does not show that the Northstar
42 Resort is purchasing a minimum of 2.36 aces or if the Board
43 of County Commissioners does not approve this plat, any
44 approvals given for the project shall be vacated and the
45 project shall submit a new amendment to their major
46 conditional use permit;and
Northam PC Resolution v2 Pap 4 of 7
P02-07
Northstar Resort Development Agreement Exhibit G- Page 5 of 17
Da* 2635314
Ski 2263 PM 1232
1 c. Submit a revised Traffic Study to determine If the restaurant
2 can be considered as a low intensity use or a medium
3 intensity use. If the restaurant can be considered a low as IF
4 intensity use, then•two (2) 250 sq. ft. Tiki Bars can be { N a
5 permitted on the site. If the restaurant must be considered &y
6 as a medium intensity use then no Mkt Bars shall be ,p+�
# 7 permitted. The Planning Commission Resolution shall state
8 whether Tild Bars shall be permitted;and vs
9 d. Submit a revised Traffic Study to conform with Monroe u
10 County Traffic Consultant request outlined in XEI.D. of this J.
11 report The Planning Commission Resolution shall only be
12 issued if the Monroe County Traffic consultant finds that
13 this project can be built without causing negative impacts to
nr 14 local traffic circulation and hurricane evacuation times. If
9 15 this condition is not satisfied, a new conditional use
$ 16 amendment application shall be proffered to meet this •
17 criteria.
• 18
N 19 2. Prior to issuance of a building permit,the applicant shall:2 4
r3 21 a. Transfer an additional 11.55 development rights to the Fx XW
i Northstar Resort site;and
22 b. Have the plat of the Cullen parcel approved by the BOCC; t
23 and
24 - c. Submit revised stormwater and landscape plans which do .
25 not show a possible future spa and include the Class D
26 buffer as requited along Thurmond Street. The landscape
27 plan should include enough detail to ensure that the
28 installation criteria found in MCC$9.5-364 is met and
29 d. Provide additional permits from the Florida Department of
30 Environmental Protection and the Army Corps of Engineers
31 for the dock extension, slip reconfiguration, and boat ramp
32 removal;and
33 a Obtain Florida Department of Environmental Protection and
3534 U.S. Army Corps of Engineers approval for filling the boat
ramp. Any development so filled shall conform to the
36 setbacks established by DEP and ACOE permits;and
37 f. Provide the Surface Water Management Plan to be reviewed
38 by the County Engineering Department for compliance.The
39 plan must be reviewed and approved by the South Florida
4a Water Management District. All surface water shall be
41 managed on-site, retained with swabs or approved
42 drainage, drainage calculations must be shown on the plans;
43 and
44 g. Provide a plan to retrofitting existing docking facilities to
45 include an on-site pump-out station and sewage treatment
46 as required by the Comprehensive Plan for any facility
47 having ten(10)or more slips(wet or dry);and
Northam*m*PC Resolution.2 Page 5 of 7
P02-07
C--"'`-
Northstar Resort Development Agreement: Exhibit G- Page 6 of 17
Deep 1835314
Bktl 2283 Pep 1293
t h. Have the proposed on-site waste treatment system approved
2 by the Department of Health and comply with the minimum 4 Q
3 requirements of Chapter 10D-6 of the Florida Administrative s E s i
4 Code;and Nat i
5 3. Prior to issuance of a certificate of occupancy for any unit, a 2" i#
6 minimum of fifteen(15)affordable housing units at the linked site
7 at approximate mile marker 106 shall be completed with 4 g !
8 certificates of occupancy;and 2
BI
9 el
10 4. The Resort will not be gated from US-1 to allow local residents a,
11 and other guests to use the restaurant facility. e
12
13 APPROVE to reduce the required parking by twenty-seven spaces for a
n 14 total of one hundred eighty two spaces (182) provided with the following
IS condition:
I i 1 16 1. A Grant of Conservation Easement be r ecv,led for a minimum of •
17 4,131 ft2 running in favor of Monroe County prior to the issuance
n I of any C.O.on the property;and
•.1g 19
la 20 APPROVE to waive the 25 ft front yard requiredsa setback along ge 21 Woodward Way to a minimum of 13 ft.with the following condition: a 7aS
22 1. An access easement be recorded running in favor of Monroe g 23 County prior to the issuance of any C.O.on the property to ensure
-24 that Woodward Way remains a minimum of 24 ft wide to allow c
25 access for all parcels which front Woodward Way;and
26
27 APPROVE to transfer the forty-nine (49) remaining eligible units
28 established by Resolution P55-03 at the Florida Keys RV Park to the Northstar
29 Resort site;
30
31 WHEREAS Condition l.a. has been satisfied by providing a warranty
32 deed showing ownership of approximately 2.36 acres and stating that the three
33 (3)market rate ROGO exemptions are to be retained by Mr.Cullen;and
34
35 WHEREAS Condition 1.b. has been partially satisfied by submittal of a
36 preliminary plat application for the parcel showing that Northstar Resort has
37 purchased approximately 2.36 acres;and
38
39 WHEREAS Conditions 1.c. and 1.d. have been met as Northstar Resort
40 Enterprises has submitted a traffic study meeting the requirements of the County .
41 Traffic consultant which has concluded that the restaurant can be considered as a
42 low intensity use,the resort will not be gated,and may include two(2)Tiki Bars;
43
44 PASSED AND ADOPTED by the Planning Commission of Monroe County
45 Florida at a meeting held on the 2641 day of July 2006
46
47 Chairman Cameron YES
Northstar PC Resolution v2 Page 6 of 7
P02-07
NorNistar Resort Development Agreement: Exhibit G - Page 7 of 17
I Commissioner Windle YES Deem 1•37314
UN 2283
2 Commissioner Popham M faR 11W
3 Commissioner Wall YES
4
4) 6 Planning Commission of i aq
Monroe County,Florida •
7 SS
WPO
al
10 By -!..J" '`-L.i ;o i;1
1I r � Cameron,Chairman
n 12 Signed Utis 2� day of vctM14t/2007 e
31
e
APPROVED YO FORM
AND LEGAIOFFl 'C-f f/j
•
dI BY //��/�--..
' yr•Mice
Doc# 1859469
8d 2543 Pg# 1686
ROME COUNTY
OfFIC111L NUCOR=
Northman PC Resolution v2 Page 7 of7
P02-07
Northstar Resort Development Agreement: Exhibit G - Page 8 of 17
County of Monroe
Growth Management Division
rkulatiammantaugama
Pssatliotl Bard it Casty r amassain
2798 Oveneu Highway,Saito 410 c MayoraaTe Cyvid Rim
Dist 3
Marathon,FL 33050 t — �a"II!!)/77 KimMay Ito lam David Riu,Di0.4
Voiu: (305)289.2500 f['� George
Wit/instal,t,Dirt.
FAX: (305)289-2536 ......• CeuasNmaM Diish
Sylvia J.Murphy,Diet 5
r- Me strive to be nett
n Profarpael end fair
Apri126,2011
za
185948
113 Rnei&Company Land Use Planning&Consulting B p 1407
411 Ridgewood Road NE y�
Atlanta,GA 30307
Subject: Minor Deviation to Phoning Commission Resolution#P02-07
Northstar Resort Enterprises Corp.,99060 Overseas Highway,Key Largo,real estate
#00088020.000000(File#2011-029)
Mr.Reed,
The Planning&Environmental Resources Department has approved your request for a minor deviation
to Planning Commission Resolution #02-07. The Department has determined that the application
complies with the requirements and standards act forth in the Monroe County Code.
The revised final development plan is now: •
Revise the approved site plan to decrease the size of the 138 hotel units from an avenge of 1,200 SF to
averages of 600 SF to 800 SF.
The following conditions apply to the minor deviation approval:
A. Other than the modifications specifically permitted in this minor deviation approval and/or other
deviation/amendment approvals,all conditions and provisions set forth in Planning Commission
Resolution#P02-07 shall be met.
B. My additional revisions to the final development plan and schedule are subject to further review
as additional deviations and/or amendments to the minor conditional use permit approval,
grunted by Pluming Commission Resolution#P02.07.
We test that this information is of assistance. If you have any questions regarding the contents of this
letter,or if we may fiuther assist you with your project,please feel free to contact our Marathon office at
(305)289.2500.
Respectful4047440,
Townley Schwab,Senior Director of Planning&Environmental Resources
i• •
T.
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Northstar Resort Development Agreement: Exhibit G - Page 10 of 17
County of Monroe
Growth Management Division
DistaissittadosanstaLlkagersn
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Marsha, ee H33gk0 })1 Mars Pio Tan Hate Cwtsw1 Dirt3
Voice: a 2194500 // ' Maaa DI Csaaro.Dirt
FAX: (305)2*9-2536 Goalie Mural Dim
iS - Kim Wyaalu,Dim r
^R We strive a be mtnrg,Prafaraaa/aidfa#
12 September 15,2010
Joel Reed,AICP Doe# 1:'x 459
Solaria Design&consulting co. 9k# 2543 Pgq 1999
91700 Overseas Highway,Suite 3
Tavernier,FL 33070
SUBJECT: Planing Commission Resolution#P02-07 and iff32-0 Tine Extension
Mr.Reed,
This letter is in response to your request for a Florida SB 360 time extension to the project
approved by Monroe County Planing Commission Resolutions 002-07 and HP32-09. Your
request was submitted on November 20,2009.
In 2007,an amendment to a major conditional use permit(Resolution 002-07)was approved for
the development of a resort hotel with 138 transient units, a 4,910 SF restnnrnt, two tiki ban,
tiki huts, a maintenance building, offices and an affordable housing unit on property located at
99060 Overseas Highway (Us I) on Key Largo. Resolution #P02-07 amended the approval
granted by Planing Commission Resolution#P47-03. The subject property is legally dewzibed
as a portion of lots 4,8,9, I I and 12 in Secdn 32,Township 61 South,Range 39 East(PBI-68)
and Block 3,Lot 3.El Dorado Heights (PBI-203), Key Largo, Monroe County,Florida,having
real eoatenunber 00088020.000000.
Resolution#P02-07 was passed and adopted by the Planing Commission at a public hearing on
July 26,2006 and signed by the Planning Commission Chair on January 24,2007. Following its
passing of appeal periods, the document was filed and recorded in the official records of the
Monroe County Clair of the Circuit Court on April 2,2007.
Note: In Resolution #P02-07, the subject property is identified as consisting of nine parcels,
assessed as the following real estate numbers: 00566430.000000, 00087940.000000,
00087940.000100, 00067970.000100, 00088020.000000, 00088030.000000, 00088040.000000,
0088060.000000 and 00087950.000000. For the 2008 tax roll, the property owner aggregated
the parcels under a single real estate number:00088020.000000.
Page I of 2
Northstar Resort Development Agreement: Exhibit G - Page 11 of 17
0 �q13 PO 1010
Following the initial approval documented in Resolution fP02-07, a resolution approving
additional time to carry out the project was granted. The time extension, memorialized in
Resolution 0P32-09,passed and adopted by the Planning Commission at a public hearing on July
22,2009 and signed by the Planning Commission Chair on July 31,2009. Following its passing
1of appeal periods, the document was filed and recorded in the official records of the Monroe
County Cie& of the Circuit Court on December I, 2009. Pursuant to the Brat condition of
Resolution#P24-08,the project approved by Resolution 8P32-05 was provided a new expiration
a date of June 22,2010 to acqu¢e all required certificate of occupancy,
-a Florida SB 360 authorizes a two(2)year permit extension for any development order or building
permit issued by local government In order to be eligible for this extension, the development
j 1 order/permit must have an expiration date between September 1, 2008 and January 1,2012. A
holder of a development order/building permit that expires between the dates listed above must
notify the authorizing agency in writing of the intention to utilize the two-year extension by
December 31,2009.
As of the date of this letter,the scope of work approved under the major conditional use permit
approval has not been completed. Staff has reviewed yotr request and found that it was
submitted on time and in accordance with the provisions of Florida SB 360, thereby attending
the deadline(s) by an additional two (2) years to June 22, 2012. All required certificates of
occupancy must be acquired by this date unless additional extension is granted.
1 rust that this information is of assistance. If you have any questions regarding the contents of
this letter, or if we may Rather assist you with your project, plane feel free to contact our
Marathon office at(305)289-2500.
Sincacly yours,
nova
Townley Schwab,
Senior Director of Planning&Environmental Resources
Page 2 of 2
Northstar Resort Development Agreement: Exhibit G - Page 12 of 17
County of Monroe
Growth Management Division
. Main AEnvironmental kfaorta a' Bono dCaa!,C ite
2798an
Overseas Highway,Seise 410 4a Mayor Gcotoe Menem,Disc 2
Marathon.Ova ea 3 igh0 k Mayor Pro Tern Sylvia J.Murphy,Disc 5
Voice: (305)289-2500 Kim Milan.Dist.l
FAx: (303)289-2516 Heather CarnMaa,Dist.3
Mario Di Genaao.Disc/
if s11[
We rose to be caring,professional and fair N
February 5,2009
a. Joel Reed
ti4
s Reed&Company Development Services,Inc.
$"N 91700 Overseas Hwy.,Suite 1 .wr
8 Tavernier,FL 33070
i Subject: Minor Deviation to Planning Commission No.P02-07
Real Estate No. 00088020.000000
Mr.Reed, Dock 1859469
Bkq 2543 Pg# 1811
The Planning & Environmental Resources Dep
artment has approved your request for minor
todeviation to Resolution No. P02-07, as described in an applicationthe Department, received
January 29, 2009. You requested a minor deviation to the subject property's major conditional
use permit approval in order to:
1. Revise the site plan approved under Resolution P02-07 in order to perform minor changes
to retention walls, landscaping, pedestrian paths, the relocation of several buildings,
relocation of several accessory structures, the reconfiguration of the pool and pool area,
and other minor changes as described in the 13 revision clouds of the minor deviation
application and shown on the revised site plan.
The Department has determined that the application complies with the requirements and
standards set forth in§9.5-72(b)(3)of the Monroe County Code.
The proposed improvements applied for are hereby granted with the following conditions:
A. All conditions and pmvisions set forth in Resolution No. P02-07 shall be met.
B. Any additional revisions to the site plan or future improvements to the property are
subject to further review as a minor deviation or as an amendment to the major
conditional use permit approval provided under Resolution No. P02-07.
Page I or2
Northstar Resort Development Agreement: Exhibit G - Page 13 of 17
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.
Respectfully, a
*
;a
Townsley Scigr rare o -815
Acting Sr. Director of Planning& Environmental Resources
0.
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s
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DS 1859459
2k8 2543 Pg# 1812
Page 2 of 2 NIAa isny
Northstar Resort Development Agreement: Exhibit G -Page 14 of 17
41
County of Monroe
Growth Management Division
massamsomouwen 1 ,.. .arms .. �perppe.yer.,
sele
Wmbete tw33o%use e10 _) , Moreno yagde6pbte Diet
0
Vern (315) 300 S 5y'. ae.d
t FAX: f101)2M1sits eMrbf tar,
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IeknrkreMonhKPMoredea7Y
July 16,2007
Reed and C.mpmv ^__Y pR6Ie11
anteov.mer .Sake Bk# 2543
wa3W
Pgfl 1013
MMaker OOp0.000t.5 0 Repast Nertheim Carp, nos
ile
OOmO®OADOmq 00111040.006001,
�ffl0m000., 00a000000
Mr.Red,
Ine Mtt to Manama Is M
t&Remoras Depeep received July 9,IOW.Mr.
Reed
nlenkd minor devlJgn euandatlmr to die ehprtr r d/a oaditlwrluse In ceder
1a
1. Decrease du raMentlel bu0dbng ham 22 b 15 and keep the dine(3)supporting
budding wh0elsh)b606rg the memmdtcount end
2. Reduce the iwmbn of he to be rebated:old
3. base the number of pates sparse by sun (10) yet reduced die secant of
eepheamrerer end
6. Adds day Weeds court end
S. Add a private 4 nee/workout office to bWIdbg eve(5);end
6. Add a 3e Door to the algbd bath front buildings tel we.Dance*two(2)
Jaffee.
I. Leifer to Anef Joolal dated July 9,2007;and
2. PaSnger Snyder Mamyu h Yaeer, She Plan A301. signed, ices end dated
6/12/07;end
3. Pehmpr Snyder Mamaeu& Yates, Site Plan C16ulmae A102,
and dated 6/12/07;red signed, tiled
ems lets
efAatoneopmettecaftwRotoweporomori tern Daitennt NsSv4.i\Minr De.btlrlbaeerat
Northstar Resort Development Agreement: Exhibit G - Page 15 of 17
44
4. aPa&a datde ]Mariam&teatµ Reception and Office Poor Pan A111,signed,
imd
5. Palings Snyder Mn*aio&Yates.Reception aid Office poor Pan A112,signed
sealed and deAd 6/12/W;and
t FeDmnger Snyder&anthers&Yates,Receptcn and Office Mevatlaar A113,signed,
sailed and dated 6/12/W;and
•
7. FaQanger$nyder Maalhral Yata,Rewptian red Office Elevations Aflt aged,
sailed mad dated 6/12/07;and
:i & Munger Snyder Matinee &Yaw Redman Floor pan A115,signed,
1�a and dated 6/12/07;arid
fpu4 sealeda7w 9. flea�Me nnen le Yaw Rubaamrt Pow plan Al14 signed, Med
and dated a
and
la aodm 6Paikengar/nyder,MaaSye° & Yates, ResResat Elevations A117, signed, soled
mid
U. hanger Snyderad dated Maad am 4 Yates, Restaurant Pavaean Alla signed, . is
12 Maw
a rBSnyde Madam&Yates,Building Al Pleat Plan A119,signed,sailed
end]&Palianger Snyder Mammy&Yaps Building A2 Flog,Flan Alta signed,sealed
and dated 6/12/07;and
14. Pamir 9%%ydds Matthias 6:Yates,Belling A2 Pow Plan A121,signed,sealed
ard dated 6/12/177;and
15.Fal anger Snyder Martineau&Yates,&lJdi4 A2 Elevation A122 signed,sailed
and dead 6/1V01;and
16.Pal�6 Snyder Mariam&Yatw gdldog A2 Ekndas A123,stand sealed
an17.Pa0anger Snyder Mariam 4 Yam.Mainz-- Hcu ig
18.P�maned,sealed and dead 6/12/07;and BeEding Affadahle
A116,dg signed sled and dated6/1 Snyder Maine= it Yaks, M�siianuaee 6 AQwdaya Housing
19.pa0uager Snyder Mardian a flies, Meiroaanie Building Elevation A126,
wand,sealed and dated 6/12/W;and
20.Felkannger Snyder Mathaiu & Yasm, Maintenance Building Mentions A127,
signed,sailed and dated 6/12/W;and
21.Manger Snyder Madmen&Yaw Building Al Pow Nan A128,signed,mead
and dated 6/12/07;and
I.... 22 Fa0meger Snyder Matthaei&yas Bidding Al Flow Flan A129,signed,aided
le Era mid dated 6/12/07;and
2y. d FalWtger Snyder Mathes¢&Yates,Beading Al Flow Nan Ala,aped,sailed
and dated 6/12/07;and
2t Falange and Snyder
Bm dated iymu an Yam,Buddha Al Elevatione AIM,signed,soled
25. Fainter Snyder Martineau 4 IS Building Al Elevation n A152 signed,sealed
end dated 6/12/07;and
26. Fa0onyer Snyder Mathieu 4 Yew 9 Una Building,51 flow Plan A133,silted,
reeled and dated 6/12/07;lead
6'1a%aOWteiteAN Pay 2 at6
-July 14 toner Uppe7e/a\ONpta lbeap'n\NaMer\taiw llawaanaaPa,parz
Northstar Resort Development Agreement: Exhibit G - Page 16 of 17
a
27.Faunae
a Martinis&Yaw,9 Unit aWWf$,Bl Plea Plot A134,signed,
waled and dated 6/12/W;and
10.Palkuyo Snyder 14etlsta&Yates,9 Unit ihalting, Eh Floor Pis A7.16,signed,
staled and dated d/12/07;and
29.Manger Snyder Menhbae I Yates,9 thdt Beading,B1 Mershon'A136,signed,
sealed aed dated 6/12/07J r fined,
id
30.PaBnanpr Sayeler Motive t Yates,9 Unit Bdlditg,131®ovations A137,signed,
sealed and dated 6/I2/07.
Es
a; Resolution Na P0207 war !sued approving 138 unit resort hotel bitd the
following
awn der,a raodvarw tBd barb an m bo
d hots, ehtuw building,offices and cat(1)affordable
bowls unit
P VDTWCItBt{()ringn
Pmwwsa to MCC Sec. 9672(b)(3),miner devletio s width ley be audoelaed an SION eat
sneer necesswy o light o/adman!aril engineering considentione and shall be limited to the
followthg
A. Albnaa,,g he baths afey read or aSkay by net nave Pea flee 09 fr;
Road as and fire some lows wen atohathved Pie eases towghoet the site has
beenhnpsoved.
B. Rabamsaftle tostartinat IDA=gm by not more Moeloe(5)want orlldafas efthe
.ail ear or yes tpw sionisled with ay Nigh fame y lest oar than fax 0)Moat
by Mid Alla Make does not MCC as nanopa permit ddacraw to lrr 6e tha the epther
gra
as The open spoor ens hawed.
aal
f C AbeyantafBw bane,No wwmuPaJ required odaputg*mob ofueconditional lea
laralt
The landscaped buffers wire maintained.
am A SAP,'YA1G 76 p prtCar.
neon dnlin to the a s lens to the Director of Mashy dated July 9,2097 agoents
said providing a deswlpnatof each devbua.
ISISZIQM
are The
�abPsarrd��ollowinglied mc alas withSaint the loses ado ware d.wt(oetale
w,\� Pap 3 oI
1011147ar40C \um,tkrel off bla laawaeewa\badeae\mum Dorsky sue trod
Northstar Resort Development Agreement: Exhibit G - Page 17 of 17
1
1. Any revisions to the work proposed under this mow deviation roquat or (atone
lmpromments to the property ere subject to farther review a minor deviation or a
amends**to the Shoe costa**use.
nWe true that tide adoraetbnleofashaw. you hove any questions regarding the canon*
of this ken,or Uwe may hut Wit MOM ycu with yaw prated,please fed Seto to contact om
g MatadwnaAtoe at lam)209.7500.
ear Sincerely yam,
ISAMU, errtnnaa.t,
la Met!Meat
Seem D irecmrof Ple n hig le Environmental Resources
DoCB 1859469
Bk8 2543 44 1816
Pap a of
WACMOWM wJ AGff\Go\Upper Kan\tie to 101 Dervnben\Knraemr\Ite,DwWa,SYf yam./
NOMOE COUNTY
OFFICIAL RECORDS
a
Northstar Resort Development Agreement: Exhibit H - Page 1 of 2
Deea 1697047 08/04/2006 10:4201
Remo too Filed & Recorded In Official Rasar4 of
Timothy Nicholas Thoraces P.A. KOLROE COUNTY DRHIY L. MUM
Post Office Box 3318
Key Largo,FL 33037 Dee* 1897947
UN 2384 PO 1800
Th;s instrument Prepared by
Timothy Nicholas Thomes,P.A
Post Ogre Box 3318
Key largo,FL 33037
Property Appraisers Parcel Ideneficadan(Folio)Number(s):
00088060-000100
Alternate Key No. Doc# 1859469
9088193 Bkf 2543 NO 1017
Space Above This Line for Processing data I Space Above This Line for Recording
ACCESS_EASEMENT
THIS EASEMENT, made this ZY day of 2008 by and •
between Northstar Resort Enterprises, Inc., a Florida corpora , Grantor, whose address •
is: 9261 S.W. 140 Street, Miami, Florida 33176, to Monroe County, Grantee whose
address is:1100 Simonton Street, Key Largo, Florida 30040.
WITNESSETH:
i
WHEREAS, the Grantor is Owner of the following described property:
Begin at the intersection of the Northwesterly right of way line
of WOODWARD WAY and the Northeasterly right of way
line of U.S. No. 1; thence Northwesterly along said right of
way line of WOODWARD WAY N00°01'00"W for 415.29
feet; thence leaving said right of way line run 589°59'00"W for
9.00 feet; thence run N00°01'00"W for 424.77 feet to an
intersection with the Easterly right of way line of U.S. No. 1;
thence run N43°30'00"E for 13.07 feet to the POINT OF
BEGINNING.
Being a 9.0' +/- section running along the Southwesterly side of Woodward Way as more
particularly described above ("Property") as shown on attached Exhibit A; and
WHEREAS, Grantee has requested Grantor agree to this ingress and egress
-- -meat to ensure that property owners along Woodward Way, Key Largo, Monroe
County, Florida will have ingress and egress across the above described Property; This
does not create any ownership interest for those property owners and shall not otherwise
prohibit development or use of the property by the Grantor in accordance with Monroe County Planning Commission Resolution P02-07 (as amended from time to time) or any •
other rights of Grantor in the ownership or use of said property, including the calculation
of said acreage for development or other purposes.
e mu'�a3M aPsR Iea1Northstar Resort Development Agreement: Exhibit H - Page 2 of 2
NOW, THEREFORE, for and in consideration of the rights and benefits accorded
Grantor in Resolution No. P02-07, the Grantor does grant to Grantee, its successors and
its guests and invitees, a perpetual ingress and egress easement for all property owners
along Woodward Way on and over that portion of the above described Property for the
purpose of ingress and egress only.
IN WITNESS WHEREOF, Grantor has executed this easement, on the day and year first stated above.
GRANTOR:
NORTHSTAR RESORT
ENTERPRISES, INC,
A Florida corporation
WIT�" � ON
CON
CSTANTIN ZAHARIA
G7[dt,Gy President
STATE OF FLORIDA )
COUNTY OF MONROE )
The foregoing instrument was acknowledged before me this a$ day of
, 2008 by CONSTANTIN ZAHARIA, as President of Northstar Resort
Enter rises, Inc., a Florida corporation, who is ( ) personally known to me or () who
provided as identification and who did tine an oath.
Ty tlR� Notary Signature an Seal
WOmpalialla
Oaatyima OC A IN
DOC81859469
8/0 2543 PS 1018
MONROE COUNTY
_2_ OFFICIAL PUBLIC RECORD
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Northstar Resort Development Agreement: Exhibit A- Page 1 of 7
LEGAL DESCRIPTIONS
Dad 1859469
Parcel 1 893 2543 Pg8 975
A portion of Lot. 8 and 12 in section 32 Townstip 61 South,
Range 39 East according to the Mode Land Compaq Plat as
recadS it Rat Book 1, at Page 68 of the Public Records of
Monroe County, Fonda on Key Largo, bong more poMcubrly
described as colon:
From he intersection of the Eost line of sad Lot 8 and the
Northwesterly r/w Inc of State Road No. 5 (former FE.C.R.R.).
thence proceed 54320' W obag said Northwesterly r/w line
620' to the Pont of Be91Meg of the pace hereinafter described;
thence proceed N IC0732' it. 576' more ar less to the Mean
High fide Line of Buttonwood Sound; thence meander sold Mean
High Tide Line in o Southwesterly direction, 135' more or less to the
west fine of said Lots 6 and 12; thence proceed S ZOO' E along
said West Ilan of Lots 8 and 12. 108', more or Inn to sold North—
wsslsAy r/w line: thence proceed N 43'20' E along sad North—
westerly r/w/ line 286.50 the Paint a Beginning.
Pomel 2
A portion of Tracte 4, 8 aid 12 in Section 32 Township 61 South,
Range 39 East on Key Largo, according to Yodel Land Co's. Plot
recorded in Plot Book 1 at Page 68 of the Public Records of Mona_. . . - Co., Fly., more particularly described as fellows: From the intersection
of the Eod lie of said Trott 8 and the Northwesterly right of way line
the Oversees Highway, run South 43'20' West along said North—
sisterly right of way line a distance of 320 feet to the punt of
beginning a 6w parcel hereinafter deserted; thence continue South
4320' Wet along told not of way One. a distance al 200 ni thence
North 10'0132- West, a dish rice of 569.5 R, more or less to the shore
of Buttoneood Sound; tMecs Northeasterly mashing sale shoreline.
a distance a 203 ft.. more or less to a pent of interseebee wills a line
w hich runs North 1007'32' West from the point of beginning; thence
South 1PO732' East, a daonce of 1695 W. more or was to the point
of begnnine.
And also that certain land better described Os Leither's Subdi.ia:en
assorting to the Plot thereof as recorded in Plot Book 3 ot Page 177 of
the Public records of Monroe Canty, Rondo (which sold plat hos now
been revoked and duly vacated) said above described Plot of Leitner's
Subdivision aha being cornrnedy known as *Mow Stort at o point
w here Lot 8, Section 32 Township 61 South. range 39 East intersects
the Northwesterly Rigel of Way true of V.S. Nghway No. 1 (formerly
F EC. R/W line) and the Northwest olds of Woodward Way, hence ot
an angle of 13515' Southwesterly o distance cf 200 feet to the point of
bsgimirig; thence South 4310' West along the Northwester* Iaght of
Way line of V.S. Highway No. I a distance at 120 lest; thence North
10'07'32' West to the waters edge a Buttapwood Sound, a distance of
approelmately 569.5 feet; thence North 4715'Eest o distance of 120 het:
thence South 9'46'29' Eat o diatance of 563.06 feet to the Pont of
Beginning.
EXHIBIT
1 _15.4AL
9a6 1159469
Bk* 2543 POI 976
Northstar Resort Development Agreement: Exhibit A- Page 2 of 7
Parcel 3
The th MonroeenY 50.re feet a of Lot
att3 Bloosit ck
e3 0 Dorado 3 Weights, according ing to
o elhaCtaeuefnly,regarded in
Containing 3,/49 squaret Page 203
3et more recordsar�ics
Together with portions or the following deserted parcels.
the South one—half of the following described properly to
wit: The west 45 feet of the East 120 feet of those parts
of Lots 9 and 11. lying North of the Florida East Coast
Railway Company's right of way. according to the Plot
thereof. as recorded in Plat Book I. at Page 68. of the
Public Records of Monroe County, Florida: And
the East 75 feet of those pats of Lots 9 and 11. lying
North of the Florida East Coast Raiway Company's right of
way. according to the Plat thereof. as recorded 'n Flat
Book 1, at Page 68, of the Pudic Records of Monroe
County, Florida, sold lands lying and being in Section 32.
Township 61 South, Range 39 East. Monroe County. Florida.
Subject portions being more particularly described as follows:
Begin A theintenectbur{ of the easterly Ilne of EI porodo Heights
subdivision w M the southerly line of tat 9. Block 3 of said Er Dorado
Nea4hts ammrdnoY ttoa the Slat thereof rec ed In Plot B PCnnng 203
of Bf panic ..th 8 of gmne y 1p4lr. fS 'da, o'e°R ��hyng
I . 3 rocM1weNe f M of ay n n State o. Gb)iig
No. t 100 fg waiter. or certenfne o a
From said P *mg. run th cp S do 42. d o NO eoster
lion o/ ri ht s for • w of 5. At: Me:teeny
•wale rt t o o said 5Y then no s. a tong
of con nic of said f Iforre oaf nc t le.tN 4720I Oi a nq
??,;1 r ib o Yass.en o f nptanc' of thence
rOI 1 °�
t Book( 65 offs l on or Monroer o as eta 1 f ocean ric to
Plat
N 0700 0 W MI.
Pupae
sold earl R`°ne'of Lt 11C faro Florida;istanemerw:e
of 211.2 feet more or len to an erisen cfn ink fence; hence n
prong said chain link fence in a southee erly drkilion for 12035 feeet man
Ides to_ ppp-E on the rlyoi- line and p Pontof eg ght for thence
run S Dto_ o� gong said w linty d wild e, Dora
a distance of 2e0.2 feet more or less to the int of Beginning.
Containing 32.090 square feet, more or less.
AND:
Dap 1859469
BM 2543 Pg11977
Northstar Resort Development Agreement: Exhibit A- Page 3 of 7
`T�Phn Parcel 3 eNW n Letd ak NNant
ofw uou°ety, wera Ca%iid3r7n-' 174D' �a9 at ere t l er.
p 7. wuare mere polerrw
together with portions of the following described parcels
The South one—half of the following dncnbed property to
et The Weir 45 fnt of the Cast 120 toot of that parts
of Lots 9 and I I. lying North of the Florida East Coast
Railway Company's right of way. according to the Plat
thereat, as recorded in Plot Book 1. at Page 66. of the
Public Records of Monroe Cavdy, Norma. And
The CM 75 twit of than pone of Lab 9 and II. lying
North of the Florida East Coast Roskoy Co ony's right of
way, *coercing to the Plot thereof, as recorded n Rot
Book 1. wit Page 66. of the Public Records of Monroe
County. Darida. said lands New and Deng In Section 32.
Township 61 South. Range 39 East. Monroe County. Florida.
Subject portionri being Yore oatculody described as follows:
al
opreeellon of the
N paw°n rlttte[gth sic thoZ 1 i easterly LSI 9, B ^0 DoraadYpo • 4o1w203
�N: 0 1 1 poles 41 [ o .aft • N°.� way
lin lot° Q of
of
in S 1 f{deia ws
! , a sn t eat c �,,/,Vt..�y�'1e 3'10 pg9�
„ 1�l�_ Y ° ol _AAII//s•L Records
Lot °f- Lpt° I .r a rnit@
Plot sr
�b�Iy0,3„w••� long said eaet fee'� arca 1 We or ci distance s
2113 to an es.r�ra ohhoo YY 1 e.
o y sgrd n Intl/mime In o saathwedlerN. den er I fence
ru rqY to�q. �putenv lwr °f t�O011dd a rite fence
r
run stanccee o444.333 dEEE .2 eet nears orIns snto°Um Point al Bpronng. °r
conk/hag 32029600 square feet, more or ow.
IN D: the r��eLan the Lyn p it �1egY
HOet'1Di°dlMm�sionCence wi the
litne ofret . Ellonak 3 I as uDraOob
of Drq-on rktnwne°rde,rdoYhtrontroa C° ibita°Nta In P' sou3�IlSIn ° 233
ot Stab;
No. I)IJ 1ee ford snwelts!a tentt rlIniee of aow S NoNS'
From said Point of Comm. erner*L run thence N 07 3 along said .oitsr
fine of d Denid Me' Ms fora distance 260.2 feet more orl less to
on rwaesgn c inter
°t oared I w n rt of
cc
I gNot 3lt b Abed
Pot a t. Un PbF 86' �wGro �uy 3 a rq
poin ae run N or a pne ric�eLpt 1__Se e t jota Mello
li light a o I pn orded'in1nthh Aht erly of the public L 11, according to a plot
Florida; thence run k D700'°g� ebng solo Mishits ins of sad Lot
ou !y.
for a distance00 ltet on edisb ia chain Ink fence: thence run bpnqq
said chain.lei 1a a na s wary direction for a artance of 120.55 tekt
�onoT°ianww S.46o squarely* n or cc
Dad 1E99489
8k4 2343 Pq* 978
Northstar Resort Development Agreement: Exhibit A- Page 4 of 7
Pored 4
A parcel of land on Key Largo, Monroe County. Florida. being
port of the East 75 feet of Lots 9 and 11, and part of the
West 45 feet of the East 120 Met of Lots 9 and II. oil as
recorded in Plot Book 1. Page 68 of the public records of
Monroe County, Florida. and being more particulaly descrbed
as follows-
Parcel 1: Commence at the intersection of the east line of
El Dorado Heights subdivision as recorded in Plot Book 1.
Page 203 of the public records of Monroe County. Florida,
with the south line of Lot 9, Block 3 of sold subdMsion.
said south line being also the northwest right of way line
of State Road No. 5 (Us Highway No. 1) 100 feet northwest
of the centerline of said highway; run thence North 2 degrees
00'43" West along said east line of said O Dorado Heights
subdivision for o distance of 337.91 feet to the Point at
Beginning of the hereindescribed parcel; horn said Point of
Beginning,
soceeofg7 d
easIeofold El Dorodo degrees
for a distance 33
feet more or less to the shoreline of Buttonwood Sound:
thence meander said shoreline in o northeasterly direction
for a distance of 188 feet more or Ins to on intersection
with the east line of the said Lot 9, Plot Book 1. Page 68:
thence run South 2 degrees 00'00"East along said east line
of said Lot 9 and along the east Ire of said Lot 11, Plat
Book I. Page 68, for distance of 444 feet more or less,
to a point on the sold east line of said Lot 11, said point
being at right angles with the Point of Beginning of the
herendncrbed parcel; thence nun South 88 degrees 00'00"
West. at right angles with the previous& described course
for a distance of 120.34 to the Point of Beginning of the
herendescrbed Patel.
AND
Lot 3. Block 3, El Dorado Heights. Ins the south 50.0 feet
thereof. according to the plot thereof, recorded in Plat Book 1
at Page 203 of the public records of Monroe Canty, Florida.
Dad 1859469
Bk8 2543 PO 979
Northstar Resort Development Agreement: Exhibit A- Page 5 of 7
Parcel 5
A port of Lots 4 and El in Section 32. Township 61 South, Range 39 Fart,
more particularly described as talon: Commencing al a point where Lot 6,
Section 32, Township 61 South, Range 39 East, Memeis the Northerly side
of U.S. Highway /1 (formerly Florida East Coast Railway right of way) and
Woodward Way. and from said point at an angle of 13515'00' (136'29'00'
measured) run Southwesterly 200.00 feet; thence at an angle of 5316'29'.
run northwesterly 563.99 feet; thence run Northeostery, meandering along the
waters edge 142.00 feel, more or lase; thence run S 49'42'13'E for 131.80;
(hence run N 69'59— E for 45.00 feet; thence run along Woodward Way
Southeasterly a distance of 415.29 feet bock to the pbce or Point of Beginning.
Parcel 6
A portion of Tracts 8 and 12 in Section 32, Township 61 South,
Range 39 East on Key Largo, accordng to Model Land Co. Plot
recorded it Plot Book 1 Page 68, Public Records of Monroe County,
Florida more particularly described as follows:
From the intersection of the East line of said Tract 8 and the North—
westerly right of way free of the Overseas Highway run 5.4520' W.
along the said Northwesterly right of way line a distance of 520 ft.
to the point of beginning of the parcel hereinafter described; thence
continue South 4320' W. along said Northwesterly right of way line
o distance of 100 it.: thence North 10' 07' 32" W. a distance of 578 ft.
more or less to the shore of Buttonwood Sound: thence Northwesterly
meandering said shoreline a distance of 100 ft., more or less to the
point of intersection with a One which runs North 10' 07' 32" W. from
the point of beginning: thence S. 1707'32" E. a distance of 569.5 ft.
more of less to the point of beginning.
ACCESS EASEMENT
Begin at the intersection of the noMwesterly side d Woodward Way
and the nertheaetery right of way line of US No. I; thence northwastery
along said right al way line of Woodward Woy NO'01'0014 for 415.29
feet; thence leaving said right of way HIS run S89'89'00'W far 9.00
feet thence run NO'OI'OO"w for 42477 feet to an intersection with
the easterly right of way line of US No. I; Uwnce run N4330'007
for 13.07 feet to the Point of Beginning.
Berg a 9.0'd: section running Bong the southwesterly side of
Woodward Way as more particularly described above
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