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Item O4Meeting Date: June 10, 2015 Bulk Item: Yes No X 4 14 1 1 9 �4111 Mz I Oil vy NO Liu 0 10 V.1 ,144 I Division: Growth Management Staff Contact Person/Phone #: Christine Hurley 289-2517 Matthew Coyle 289-2588 AGENDA ITEM WORDING: A public hearing to approve a second amendment to a Development Agreement between Monroe County, Florida; Surnmerland Palms Investors, LLC, Coco Palms Developers, LLC, Suncrest Landing, LLC, Singh Investors, LLC, Stock Island Holdings, LLC and Oceanside Investors, LLC. (Quasi-judicial proceeding) ITEM BACKGROUND: In 2013, Oceanside Investors applied for the original development agreement. The agreement was approved by the BOCC at a public hearing on December 11, 2013 and recorded on December 19, 2013. In 2014, Oceanside Investors applied for an amendment to development agreement. The First Amendment was approved by the BOCC at a public hearing on December 10, 2014 and recorded on December 17, 2014. The First Amendment involved four properties. The Second Amendment to the agreement now involves five properties: 0 Oceanside Marina, 5950 and 5970 Peninsular Avenue, Stock Island, Mile Marker 5 (Receiver Site) 0 24930 Overseas Highway, Surrimerland Key, Mile Marker 25 (Sender Site) 0 21585 Old State Road 4A, CudJoe Key, Mile Marker 22 (Sender Site) 0 5176 Suncrest Road, Stock Island, Mile Marker 5 (Sender Site) 0 5350 3d Avenue, Stock Island, Mile Marker 5 (New Sender Site for one (1) additional THE with the additional density provided from the abandonment of the right-of-way of Peninsular Avenue) The existing agreement allows the transfer of Residential Rate of Growth Ordinance (ROGO) exemptions — known as Transferable ROGO Exemptions (TRE's) - from sender sites at 24930 Overseas Highway (22 market -rate permanent TRE's), 21585 Old State Road 4A (17 market -rate permanent TRE's) and 5176 Suncrest Road (7 market -rate permanent TRE's) to a receiver site at 5948, 5950 and 5970 Peninsular Avenue, in accordance with MCC § 130-16 1. 1. On the sender sites, the residential dwelling units in which the transferred market -rate permanent TRE's are derived shall be converted to, or replaced with, an equivalent amount of deed -restricted affordable housing. The existing agreement also involves the redevelopment of 5948, 5950 and 5970 Peninsular Avenue, the receiver site, for the addition of up to 78 new, market -rate residential dwelling units, which may be used as vacation rentals, up to 17 new hotel rooms, a new restaurant with up to 150 seats, and other improvements related to the existing, partially- condominiumized marina and accessory development. A boat bam (under condominium ownership), 22 existing, market - rate permanent units (under condominium ownership) and ancillary/accessory buildings would be maintained. An existing boat barn/light industrial building was recently demolished under Building Pernift #141-3337. Not including accessory structures related to the residential uses, the nonresidential floor area would not exceed 40,000 square feet. Dockage owned by the developer would include 8 new slips, for a total of approximately 16 slips, of which at least 20% (3 slips) shall be reserved for commercial fishing vessels. The following amendments are proposed to the existing agreement: • Include an abandoned portion of Peninsular Avenue right-of-way to the premises associated with the Oceanside Marina property (a portion lying between Block 46 [east of the center of Lot 32] and Block 60). The abandonment petition was approved by the BOCC on March 18, 2015. • Amend the acreage of the Oceanside Marina property to reflect the aforementioned requested road abandonment. • Allow the transfer of one (1) additional THE associated with a permanent residential unit — from a sender site at 5350 3rd Avenue, Stock Island. • Amend the total number of units allowed at the Oceanside Marina property from up to 78 to up to 79 new, market rate residential dwelling units. ■ Amend the total number of deed restriction and affordable ROGO allocations from 46 to 47 allocations and 23 to 24 moderate income affordable ROGO allocations. Amend the conceptual site plan approved of the existing agreement to a) include the aforementioned requested road abandonment; b) to modify the buildings to accommodate 79 market rate residential dwelling units Low Median Moderate Stock Island Suncrest Property 3 - 4 Summerland Palms Property 7 10 5 Cud'oe Coco Palms Property 1 2 14 TOTAL 11 1 12 23 % of total 24% 1 26% 50% Request: 1 additional moderate affordable ROGO allocation for Stock Island Holdings Stock Island Holdings Property - I - 1 % of total 1 23% 1 25% 51% On February 24, 2015, the development agreement was reviewed by the Development Review Committee. Staff and the DRC recommended approval. On April 28, 2015, the Planning Commission held a public hearing and recommended approval to the second amendment to the development agreement but did not provide a specific recommendation on the affordable income category (median vs. moderate) for the one (1) additional affordable deed -restricted unit. The one affordable unit for Stock Island Holdings, LLC, for property at 5350 3ed Avenue, Stock Island, Florida is needed to match the proposed ROGO reservation companion item. PREVIOUS RELEVANT BOCC ACTION: The original agreement was approved by the BOCC at a public hearing on December 11, 2013, and recorded on December 19, 2013 (File #2013-069). In 2014, Oceanside Investors applied for an abandonment of a segment of Peninsular Avenue located north of the Oceanside Marina property (lying between Block 46 and Block 60). The abandonment was approved by the BOCC on June 30, 2014, as memorialized in Resolution #116-2014 (File #2014-054). In 2014, Oceanside Investors entered into a purchase and sale agreement with Monroe County to purchase the Hickory House property located north of the Oceanside Marina property. On February 3, 2015, Oceanside Investors closed on the Hickory House property. The First Amendment to the development agreement was approved by the BOCC at a public hearing on December 10, 2014 and recorded on December 17, 2014 (File #2014-112). In 2014, Oceanside Investors applied for an abandonment of a second segment of Peninsular Avenue located north of the Oceanside Marina property (lying between Block 46 and Block 60). The abandonment was approved by the BOCC on March 18, 2015 (File #2014-132). CONTRACT/AGREEMENT STAFF RECOMMENDATIONS: Approval. TOTALf INDIRECT BUDGETED: • DIFFERENTIAL OF 1 COST TO iSOURCE OF FUNDS: REVENUE ..11MONTH R,1 D County DOCUMENTATION: Included X NotRequired DISPOSITION: AGENI. ITEM # 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 1 'r 1 • 1 r' �' i '' 1' '1 • ' • � IR • ' R R W•r • • ,• • • r' 1: 1 1 1' R I' • 1 •' • R 1 1' 1 � 'r � �► R WHEREAS, during at a public hearing held on June 10, 2015, the Monroe County Board of County Commissioners conducted a public hearing to review and consider a request filed by Attorney Barton W. Smith, on behalf of Summerland Palms Investors, LLC; Coco Palms Developers, LLC; Suncrest Landing, LLC; Singh Investors, LLC; Stock Island Holdings, LLC and Oceanside Investors, LLC for a Development Agreement (Agreement) in accordance with Monroe County Code §110-132, §110-133 and §130-161.1 and Florida Statutes §163.3220 et. seq., the "Florida Local Government Development Agreement Act"; and VVIMREAS, the original development agreement was approved by the Board of County Commissioners at a public hearing on December 11, 2013, and recorded in the official records of Monroe County on December 19, 2013; and YffMREAS, the first amendment to the development agreement was approved by the Board of County Commissioners at a public hearing on December 10, 2014, and recorded in the official records of Monroe County on December 17, 2014; and VVBEREAS, the current Agreement allows the transfer of Residential Rate of Growth Ordinance (ROGO) exemptions — known as Transferable ROGO Exemptions (TRE's) - from Page 1 of 6 I sender sites at 24930 Overseas Highway (22 market -rate permanent TRE's), 21585 Old State 2 Road 4A (17 market -rate permanent TRE's) and 5176 Suncrest Road (7 market -rate permanent 3 TRE's) to a receiver site at 5948, 5950 and 5970 Peninsular Avenue, in accordance with MCC 4 §130-161.1. On the sender sites, the residential dwelling units in which the transferred market- s rate permanent TRE's are derived shall be converted to, or replaced with, an equivalent amount 6 of deed -restricted affordable housing; and 7 8 VaMREAS, the Agreement involves the redevelopment of the receiver site located at 9 5950 and 5970 Peninsular Avenue, Stock Island, Florida. The site has historically been known as 10 Key West Oceanside Marina (Oceanside); and 11 12 WHEREAS, the following amendments are proposed to the existing agreement: 13 1. Include an abandoned portion of Peninsular Avenue right-of-way to the premises 14 associated with the Oceanside Marina property (a portion lying between Block 46 15 [east of the center of Lot 32] and Block 60). The abandonment petition was approved 16 by the BOCC on March 18, 2015. 17 2. Amend the acreage of the Oceanside Marina property to reflect the aforementioned 18 requested road abandonment. 19 3. Allow the transfer of one (1) additional THE associated with a permanent residential 20 unit — from a sender site at 5350 3rd Avenue, Stock Island. 21 4. Amend the total number of units allowed at the Oceanside Marina property from up 22 to 78 to up to 79 new, market rate residential dwelling units. 23 5. Amend the total number of deed restriction and affordable ROGO allocations from 46 24 to 47 allocations and 23 to 24 moderate income affordable ROGO allocations. 25 6. Amend the conceptual site plan approved of the existing agreement to a) include the 26 aforementioned requested road abandonment; b) to modify the buildings to 27 accommodate 79 market rate residential dwelling units 28 29 WHEREAS, Stock Island the receiver site, located at 5948, 5950 and 5970 Peninsular 30 Avenue, Stock Island, is legally described as Block 46, Lots 30, 31 and '/z Lot 32, Block 60, 31 portions of Lots 1, 2 and 3, Block 61, portions of Lots 1, 2 and 3, the abandoned portion of 32 Peninsular Avenue lying between Block 46 and Block 60, the portion of Maloney Avenue lying 33 between Blocks 60 and 61, McDonald's Plat, also known as Maloney Subdivision (Plat Book 1, 34 Page 55), also described as a parcel of land in Sections 26, 34, 35 and 36, Township 37 South 35 and Range 25 East, having real estate #00126210.000000, #00126220.000000, 36 #00126230.000000, #00127420.000000 and 400127420.000100; and 37 38 V4MREAS, the Summerland Key sender site, located at 24930 Overseas Highway, 39 Summerland Key, is legally described as Lot 55 and a portion of Lot 54, Summerland Yacht 40 Harbor (Plat Book 2, Page 142), having real estate numbers #00194741.000100, 41 #00194741.000200, #00194741.000300, #00194741.000400, #00194741.000500, 42 #00194741.000600, #00194741.000700, #00194741.000800, #00194741.000900, 43 #00194741.001000, #00194741.001100, #00194741.001200, #00194741.001300, 44 #00194741.001400, #00194741.001500, #00194741.001600, #00194741.001700, 45 #00194741.001800, #00194741.001900, #00194741.002000, #00194741.002100 and 46 #00194741.002200; and Page 2 of 6 I WHEREAS, the Cudjoe Key sender site, located at 21585 Old State Road 4A, Cudjoe 2 Key, is legally described as Lot 30, Sacanna (Plat Book 2, Page 48), having real estate number 3 00174960.000000; and 4 5 WHEREAS, the Stock Island sender site, located at 5176 Suncrest Road, Stock Island, is 6 legally described as Lots 27 and 28, Sun Krest (Plat Book 1, Page 107), having real estate 7 number 00132680.000000; and 8 9 WHEREAS, the Stock Island sender site, located at 5350 3 d Avenue, Stock Island, is 10 legally described as Lots 19, 20, 21, 22 and 23, Block 53, McDonald's Plat, also known as 11 Maloney Subdivision (Plat Book 1, Page 55), having real estate number 00126770.000000 12 13 WHEREAS, the Agreement is required as part of an affordable housing incentive 14 program as set forth in § 13 0-16 1.1 of the Monroe County Code; and 15 16 VV`HEREAS, the intent of the program outlined in §130-161.1 is to establish an 17 appropriate incentive for mobile home park owners to maintain mobile home park sites, mobile 18 home developments in Urban Residential Mobile Home (URM) and Urban Residential Mobile 19 Home Limited (URM-L) districts, and contiguous parcels under common ownership containing 20 mobile homes where any of the foregoing is presently serving as a primary source of affordable 21 housing in Monroe County (any of the foregoing being an "eligible sender site") by providing an 22 alternative development strategy to straightforward market -rate redevelopment; and 23 24 WHEREAS, the program outlined in §130-161.1 allows the transfer of market -rate 25 ROGO exemptions associated with lawfully established dwelling units (mobile homes) now 26 existing at an eligible sender site to be transferred to another site or sites in exchange for 27 maintaining an equal or greater number of deed -restricted affordable dwelling units within 28 Monroe County; and 29 30 WHEREAS, the Monroe County Planning Commission held a public hearing at its 31 meeting on April 29, 2015, which was the first of two required public hearings; and 32 33 WHEREAS, at the April 29, 2015, public hearing, the Planning Commission 34 recommended approval but did not provide a specific recommendation on the affordable income 35 (median vs. moderate) for the one (1) additional affordable deed -restricted unit; and 36 37 WHEREAS, based upon the information and documentation submitted, the Board of 38 County Commissioners makes the following Findings of Fact: 39 40 1. The receiver site, commonly known as Oceanside Marina, 5948, 5950 and 5970 41 Peninsular Avenue, Stock Island, is located within a Mixed Use (MU) Land Use 42 (Zoning) District. Further, it is designated within a Mixed Use / Commercial (MC) 43 category on the Future Land Use Map (FLUM) and within a Tier III district on the 44 Tier Overlay District Map; 45 Page 3 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 2. The Summerland sender site, 24930 Overseas Highway, Summerland Key, is located within an Urban Residential Mobile Home (URM) Land Use (Zoning) District. Further, it is designated within a Residential High (RH) category on the Future Land Use Map (FLUM) and within a Tier III district on the Tier Overlay District Map; 3. The Cudjoe sender site, 21585 Old State Road 4A, Cudjoe Key, is located partially within Native Area (NA), Urban Residential Mobile Home (URM) and Suburban Commercial (SC) Land Use (Zoning) Districts. Further, it is designated partially within Residential Conservation (RC), Residential High (RH) and Mixed Use / Commercial (MC) categories on the Future Land Use Map (FLUM) and within a Tier III district on the Tier Overlay District Map; 4. The Stock Island sender site, 5176 Suncrest Road, Stock Island, is located partially within Mixed Use (MU) and Native Area (NA) Land Use (Zoning) Districts. Further, it is designated partially within Mixed Use / Commercial (MC) and Residential Conservation (RC) categories on the Future Land Use Map (FLUM) and within Tier I or III districts on the Tier Overlay District Map (affordable housing would be located entirely within the Tier III portion of the site); 5. The Stock Island sender site, 5350 3d Avenue, Stock Island, is located within a Mixed Use (MU) Land Use (Zoning) District. Further, it is designated within a Mixed Use / Commercial (MC) category on the Future Land Use Map (FLUM) and within a Tier III district on the Tier Overlay District Map; 6. On July 30, 2013, the original development agreement was reviewed by the Development Review Committee; 7. The Monroe County Planning Commission held a public hearing at its meeting on November 15, 2013, which was the first of two required public hearings, and recommended approval of the original development agreement to the Board of County Commissioners in Resolution P29-13; 8. On August 26, 2014, the first amendment to the development agreement was reviewed by the Development Review Committee; 9. On November 19, 2014, the Monroe County Planning Commission held a public hearing and recommended approval to the Board of County Commissioners of the amended development agreement, as memorialized in Planning Commission Resolution #P40-14; 10. On February 24, 2015, the second amendment to the development agreement was reviewed by the Development Review Committee; 11. On April 29, 2015, the Monroe County Planning Commission held a public hearing and recommend approval to the Board of County Commissioners of the second amendment to the development agreement; Page 4 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 12. Florida Statutes §163.3220 authorizes Monroe County to enter into development agreements with landowners and/or governmental agencies to encourage a stronger commitment to comprehensive and capital facilities planning, ensure the provision of adequate public facilities for development, encourage the efficient use of resources, and reduce the economic cost of development; and WHEREAS, based upon the information and documentation submitted, the Board of County Commissioners makes the following Conclusions of Law: 1. The request is consistent with the provisions and intent of the Monroe County Code; 2. The request is consistent with the provisions and intent of the Monroe County Year 2010 Comprehensive Plan; 3. The request is consistent with the provisions and intent of the Lower Keys (MM 14.2 — 29.0) Livable CommuniKeys Plan; 4. The request is consistent with the Master Plan for the Future Development of Stock Island and Key Haven, also known as the Stock Island/Key Haven CommuniKeys Plan; 5. The request is consistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; 6. The development agreement is required as part of an affordable housing incentive program as set forth in §130-161.1 of the Monroe County Code and furthers the provision of affordable housing in Monroe County; 7. The Agreement, among other things, is intended to and shall constitute a development agreement among the Parties pursuant to the Florida Local Government Development Agreement Act, Section 163.3223, et seq., Florida Statutes; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of Law support its decision to APPROVE the Second Amendment to the Development Agreement. Page 5 of 6 Remainder of Page Intentionally Lef t Blank 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Oki to) o (41wW41141 11VA d togg teroqL, meggi, IKI a 0 su'IM11 0 0 LW14 Mayor Danny L. Kohlage Mayor pro tem Heather Carruthers Commissioner Sylvia Murphy Commissioner George Neugent Commissioner David Rice Lei NO L910 .10);K*91910 wo a PLO) %91,11 OR, M (SEAL) ATTEST: AMY HEAVILIN, CLERK = lq Page 6 of 6 MONROE COUNTY ATTORNEY A]MROVED AS TO f, ORM: STEVEN T. WILLIAMS T V- 2 TMS SECOND AMENDM[ENT TO DEVELOPM[ENT AGREEMENT ("Second 3 Amendment") is entered into by and between Monroe County, Florida, a Political Subdivision of 4 the State of Florida ("Monroe County"), Surnmerland Palms Investors, LLC, a Florida limited 5 liability company ("Summerland Palms"), Coco Palms Developers, LLC, a Florida limited 6 liability company, ("Coco Palms Developers"), Suncrest Investors, LLC, a Florida limited 7 liability company ("Suncrest") as successor in interest to Singh Investors, LLC and Suncrest 8 Landings, LLC, Florida limited liability companies, Stock Island Holdings LLC, a Florida 9 limited liability company ("SIH LLC") and Oceanside Investors, LLC, a Florida limited liability 10 company ("Oceanside Investors") (collectively, the "Parties") pursuant to Sections 110-132, 110- 11 133, 130-161.1 of the Monroe County, Florida Code of Ordinances ("Monroe County Code") 12 and the Florida Local Government Development Agreement Act, Florida Statutes Sections 13 163.3220-163.3243 (2013) and is binding on the "Effective Date" set forth herein. 14 WITNESSETH: 15 The Parties hereby agree as follows: 16 I. RECITALS 17 A. This Second Amendment involves the transfer of one (1) Transferable Residential Rate of 18 Growth Ordinance Exemption ("TRE"), from a Sender Site at 5350 P Ave, Stock Island, 19 Florida to the Oceanside Property, a Receiver Site, at 5948, 5950 and 5970 Peninsular Avenue, 20 Stock Island, Monroe County, Florida ("Oceanside Property"). The SIH LLC Property (as 21 defined below) shall be included in the definition "Properties" as defined in the Development 22 Agreement (as defined below). Any terms not defined in this Second Amendment shall have the 23 meanings ascribed to them in the Development Agreement. 24 B. All Parties have the authority to enter into this Second Amendment through Florida 25 Statutes Chapter 163 and the sole and undivided ownership of the Properties. 26 C. Section 163.3220, Florida Statutes, authorizes Monroe County to enter into development 27 agreements with landowners and/or governmental agencies to encourage a stronger commitment 28 to comprehensive and capital facilities planning, ensure the provision of adequate public 29 facilities for development, encourage the efficient use of resources, and reduce the economic cost 30 of development. 31 D. This Second Amendment and the Development Agreement, among other things, are 32 intended to, and shall constitute a development agreement among the Parties pursuant to the 33 Florida Local Government Development Agreement Act, Section 163.3223, et seq., Florida 34 Statutes ("Act"). 35 E. The Parties recognize that the public noticing and hearing procedures shall follow the 36 requirements of Section 163.3225, Florida Statutes, which requires the local government to 37 conduct two public hearings, one of which may be before the Planning Commission. 38 F. Monroe County finds that entering into this Second Amendment furthers the purposes, 39 goals, objectives and policies of the Monroe County Comprehensive Plan which contains goals 40 and objectives that seek to encourage the provision of affordable housing through incentive 41 programs and regulations (including but not limited to Goal 601, Objective 601.1, Objective 42 601.2 and Objective 601.6). 43 44 45 46 47 48 49 9E 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 G. The Parties, with the exception of Suncrest, but including Suncrest's predecessor in interest, Suncrest Landing, LLC and Singh Investors, LLC, entered into a Development Agreement with the County dated December 5, 2013 ("Original Development Agreement") and the Parties, except for SIH LLC entered into a First Amendment to Development Agreement with the County dated December 10, 2014 ("First Amendment" and with the Original Development Agreement, collectively, the "Development Agreement"), providing for the redevelopment of the Oceanside Property. H. 5350 3rd Ave, Stock Island, Florida is generally described as follows: 1. SIH LLC owns that certain real property located at 5350 P Ave, Stock Island, Florida ("SIH LLC Property"). A copy of the Warranty Deed evidencing SIH LLC's ownership is attached as Exhibit 30. Historically and currently the SIH LLC Property was and is used as a unit within a mobile home/recreational vehicle park. 2. The SIH LLC Property is legally described as Lots 19, 20, 21, 22, and 23 of Block 53, according to George L. McDonald's plat on Stock Island, Monroe County, Florida recorded in Plat Book 1, Page 55 of the Public Records of Monroe County, Florida. A complete legal description is provided in the Warranty Deed attached as Exhibit 30. 3. As of the date of this Second Amendment, the SIH LLC Property is assessed by the Monroe County Property Appraiser as real estate number 00126770-000000. 4. The SIH LLC Property currently has a Mixed Use (Zoning) District designation and a Mixed Use/Commercial Future Land Use Map designation. A copy of the Land Use District Map and Future Land Use Map for the SIH LLC Property is attached as Exhibit 31. 5. The SIH LLC Property currently has a Tier Overlay District designation of Tier III. I. On March 18, 2015, Monroe County, pursuant to Monroe County Resolution 115-2015, approved to be abandoned the right-of-way on Peninsula Avenue ("Tortuga Abandoned Road") more particularly described as: The Southerly 1/2 of Peninsular Avenue, lying between Block 46 and 60, South of the East 1/2 of Lot 32, Lots 33, 34, & 35 in Square 46, and North of a portion of Lot 2 and Lot 3, Block 60, according to Maloney's subdivision of a part of Stock Island, Monroe County, Florida, as recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, Florida, and being more particularly described as follows: Commence at the Southeast comer of Lot 35 of said plat; thence South along the Westerly Line of Maloney Ave. for a distance of 30.00 feet to the Point of Beginning; thence continue E 82 South along the West line of Maloney Ave. for 30.00 feet to the Southerly line of Peninsular 83 Avenue; thence West along the said Southerly line of Peninsular Avenue (Also being the 84 Northerly line of said Lots 2 and 3, Block 60), for a distance of 175.00 feet to the Southerly 85 extension of the West Line of the East 1/2 of said Lot 32, Block 46; thence North along the 86 said Westerly line of the East 1/2 of Lot 32 for 30.00 feet to the Centerline of Peninsular 87 Avenue; thence East along the said Centerline of Peninsular Avenue for 175.00 Feet to the 88 Point of Beginning. Containing 5,250.00 square feet, more or less. 89 A copy of Monroe County Resolution 115-2015 is attached as Exhibit 32. a 91 The overall purpose of this Second Amendment is to allow for a reasonable use of the SIH 92 LLC Property and Oceanside Property by allowing the transfer of the one (1) market -rate THE to 93 the eligible receiver site of Oceanside Property, while assuring preservation on the SIH LLC 94 Property of one (1) residential dwelling unit as affordable housing, and to include the Tortuga 95 Abandoned Road as part of the Oceanside Property receiver site EN 98 A. Recitals. The recitals explaining the intent and purpose of the Second Amendment as set 99 forth in the preceding clauses are incorporated herein and form a material part of the 100 Development Agreement and this Second Amendment. The Parties recognize the binding effect 101 of Fla. Stat. §§163.3220-163.3243, as to the form and content of the Development Agreement 102 and Second Amendment and in accordance therewith set forth and agree to the following. 103 104 B. Amendments. The Development Agreement is hereby amended as follows (additions 105 are underlined and deletions are stmek Offeugh: 106 107 108 1. Section I.M.4. is hereby amended as follows: 109 110 The Cudjoe Coco Palms Property currently has Urban Residential Mobile Home ill ("URM"), Native Area ("NA") and Suburban Commercial ("SC") Land Use 112 (Zoning) District designations and Mixed Use/Commercial ("MC"), Residential 113 Conservation ("RC") and Mxed Use Gemmer-eial ("MG") Residential Hi gh 114 ("RH") Future Land Use Map designations. A copy of the Land Use District Map 115 and Future Land Use Map for the Cudjoe Coco Palms Property is attached as 116 Exhibit 14. 117 118 2. Section II is hereby amended by inserting the following at the end of Section 119 11: 3 120 K. SIH LLC desires to transfer the THE ri&ts ("SIH LLC THE"), attributable 121 to one (1) lawfully -established and recognized market -rate, permanent residential 122 dwelling unit located on the SIH LLC Property, to the Oceanside Propelly., 123 Simultaneously therewith, SIH LLC agrees to deed restrict one (1) of the 124 residential dwelling units at the SIH LLC Propelly and to maintain that certain 125 residential dwelling unit as affordable housing pursuant to Monroe CoIMIY Code 126 Section 130-161.1. 127 128 L. This Agreement will allow for a reasonable use of the SIH LLC Property and 129 Oceanside Property by allowing the transfer of one (1) market -rate SIH LLC 130 THE to the eligible receiver site of Oceanside Properly, while assuring 131 preservation on the SIH LLC Property of one (1) residential dwelling unit as 132 affordable housing. 133 134 3. Section III.B. is hereby amended as follows: 135 136 B. Legal Description and Ownership. The legal descriptions for the Properties 137 subject to this Agreement are set forth in Exhibits 2, 9, 13,and 17, 24, 26 and 30. 138 139 4. Section III.D.l.e. is hereby amended as follows: 140 141 e. The redevelopment of the Oceanside Property includes the addition of up to 74 142 79 new, market rate residential dwelling units, which may be used as vacation 143 rentals, up to 17 new hotel rooms, a new restaurant, and other improvements 144 related to the existing marina and accessory development. The residential density 145 would not exceed 4-90 101 permanent residential units and 17 transient units. Not 146 including accessory structures related to the residential uses, the nonresidential 147 intensity shall not exceed 40,000 square feet. 148 149 5. Section III.D.4.f. is hereby amended as follows: 150 151 The Cudjee Geee Palms Pr-eper-ty Stock Island Suncrest Property shall be 152 developed with seven (7) mobile homes (or other allowed types of residential 153 dwelling units). All seven (7) residential dwelling units shall be deed -restricted as 154 affordable housing pursuant to the Monroe County Code. 155 156 6. Section IIII.D. is hereby amended by inserting the following at the end of 157 Section IH.D.: 158 5. SIH LLC Property, 5350 3rd Ave, Stock Island, Florida: 159 4 160 a. The SIH LLC Property currently has an Mixed Use M) (Zoning) District 161 designation and a Mixed Use/Commercial (MC) Future Land Use Map 162 desi agn tion. 163 164 b. In accordance with this Agreement and with the MC Future Land Use Map 165 category, as set forth in Monroe County Comprehensive Plan Policy 101.4.5, 166 the permitted uses in the MC Future Land Use Man category include detached 167 and attached residential dwellings and accessory uses. Attached and detached 168 residential dwellings are eligible to be deed -restricted as affordable housing. 169 170 c. In accordance with this Agreement and with the MU Land Use (Zoning) 171 District, as set forth in Monroe County Code Section 130-88, and in 172 compliance with other provisions of the Code, the permitted uses in the MU 173 Land Use (Zoning) District include detached and attached residential 174 dwellings and accessory uses. Attached and detached residential dwellings are 175 eligible to be deed -restricted as affordable housing` 176 177 e. The SIH LLC Property shall contain at least one (1) mobile home (or other 178 allowed type of residential dwelling unit). One 1) residential dwelling unit on 179 the SIH LLC Property shall be deed -restricted as affordable housing pursuant 180 to the Monroe County Code. 181 182 f. If the deed restricted mobile home on the SIH LLC Property is replaced with a 183 new residential dwelling unit, the height of any new structure shall not exceed 184 35 feet, except as provided by Monroe County Code, as amended. 185 7. Section IH.E. is amended as follows: 186 Public Facilities. At the sender sites, Summerland Palms, Cudjoe Coco Palms, 187 SIH LLC Property and Stock Island Suncrest, there are no impacts on public 188 facilities since the number of residential dwelling units is derived from pre- 189 existing, lawfully -established mobile homes and the number of residential 190 dwelling units shall not be increased by approval and application of this 191 Agreement. Moreover, at the receiver site, Oceanside, the impact on public 192 facilities is nominal. The numbers of existing residential dwelling units at two of 193 the sender sites, Summerland Palms and Cudjoe Coco Palms, were recognized in 194 the planning for the sewage treatment plant serving the Cudjoe Regional Sewer 195 system. The number of existing residential dwelling units at the other sender sites, 196 Stock Island Suncrest and SIH LLC Property, and the receiver site, Oceanside, 197 were recognized in the planning of the sewage treatment plant serving Stock 198 Island. The number of residential dwelling units at the receiver sites on Stock 199 Island was accounted for as existing in the data base prepared for the Monroe 200 County 2010 Comprehensive Plan. 201 8. Section III.E.4. is amended as follows: 5 202 The Oceanside Property, SIH -LLC Property and Stock Island Suncrest Property 203 are connected to central sewer via KW Resort Utilities Corp.'s system. The 204 Surnmerland Palms Property and Cudjoe Coco Palms Property currently utilize 205 on -site systems. The Surnmerland Palms Property and Cudjoe Coco Palms 206 Property are scheduled to be connected to the Cudjoe Regional Sewer System. 207 9. Section HI.G. is amended as follows: 208 209 Development Allowed. The following specific criteria are those which will guide 210 development of the Properties, and are standards by which any further approvals 211 shall be measured and shall be as follows: 212 213 a. The Oceanside Property consists of 20.06 20.20 gross acres consisting of 214 12-.06 12.20 acres of upland and 8.0 acres of submerged land. There currently 215 exist twenty-two (22) market -rate residential dwelling units, in the form of 216 condominium units on the property. 217 218 b. Oceanside Investors is permitted to transfer thirty-two (32) market -rate 219 TRE's along with thirty-two (32) TDR's to the Oceanside Property pursuant to 220 the Development Order #02-07. 221 222 C. After an equivalent number of deed restricted affordable housing units are 223 established on the Surnmerland Palms Property, Surnmerland Investors is 224 permitted to transfer market -rate TRE's associated with lawfully established 225 mobile homes from the Surnmerland Palms Property sender site to the Oceanside 226 Property receiver site pursuant to Monroe County Code Section 13 0-16 1. 1. 227 228 d. After an equivalent number of deed restricted affordable housing units are 229 established on the Cudjoe Coco Palms Property, Coco Palms Developers is 230 permitted to transfer the market -rate TRE's associated with lawfully established 231 mobile homes from the Cudjoe Coco Palms Property sender site to the Oceanside 232 Property receiver site pursuant to Monroe County Code Section 13 0-16 1. 1. 233 234 e. After an equivalent number of deed restricted affordable housing units are 235 established on the Stock Island Suncrest Property, Suncrest is permitted to 236 transfer the market -rate TRE's associated with lawfully established mobile homes 237 from the Stock Island Suncrest Property sender site to the Oceanside Property 238 receiver site pursuant to Monroe County Code Section 130-161.1. 239 240 f. After one (1) deed restricted affordable housing unit is established on the 241 SIH LLC Property, SIH LLC is permitted to transfer the market -rate THE 242 associated with a lawfully established mobile home from the SIH LLC Property 243 sender site to the Oceanside PropU receiver site pursuant to Monroe County 244 Code Section 130-161.1. 245 246 f-. g. Hawk's Cay has transferred to the Oceanside Property, and Oceanside 247 Investors is permitted to develop on the Oceanside Property, the Hawk's Cay 248 Vested Development Rights, consisting of twelve (12) bedrooms and twelve (12) 249 bathrooms. 250 251 &h. Provided such development can be designed and approved by all 252 applicable codes, including but not limited to the Monroe County Code and 253 Florida Building Code, Oceanside Investors is permitted to develop the following 254 buildings, facilities and structures on the Oceanside Property pursuant to this 255 Agreement: qd: 257 i. In addition to the already existing twenty-two (22) attached, market -rate 258 residential dwelling units, up to seventy eight (78) seventy-nine (79) new 259 attached, market -rate residential dwelling units, each of which may be 260 configured to include a separately rentable "lockout" consisting of no more 261 than one (1) bedroom and one (1) bathroom, all of which may be used for 262 vacation rental use, provided Oceanside Investors constructs and 1) installs 263 and maintains a gated entrance and 2) establishes a homeowner's or property 264 owner's association that expressly regulates or manages vacation rental uses. 265 266 ii. A hotel with up to seventeen (17) new hotel rooms. 267 268 iii Eight (8) existing wet slips that have existed for over 40 years but have not 269 been properly permitted. Twenty percent (20%) of Oceanside Investors' wet 270 slips shall be restricted to use by commercial fishing vessels. 271 272 iv. A restaurant with up to 150 seats and up to 3,859 square feet of floor area. 273 274 v. Additional amenities ancillary and accessory to the vacation rental and hotel 275 use, including a lobby, gatehouse, offices, fitness center, bath house, 276 maintenance, housekeeping and watersports consisting of up to 9,352 square 277 feet as depicted on plans submitted with this Agreement. 278 279 vi. A marina store, dock master, and watersport offices consisting of up to 1,973 280 square feet as depicted on plans submitted with this Agreement. 281 282 vii. Parking areas and landscaping 283 284 viii. Public access is permitted to the Oceanside Property, Hickory House and 285 Abandoned Road waterfront boardwalk as depicted on the conceptual site 286 plan attached to this Agreement as Exhibit 29 33, which shall be open to the 287 public free of charge from 7:00 a.m. to dusk three hundred sixty-five (365) 288 days per year. Oceanside Investors may establish and enforce reasonable 289 rules related to use of the waterfront boardwalk and conduct by the public 290 while using the waterfront boardwalk from 7 a.m. to dusk. Oceanside 291 Investors agrees that no physical barrier may be erected to close off access or 7 292 create the appearance that access during daylight hours is restricted. This 293 condition shall survive the expiration of the Agreement. 294 295 10. Section HI.H.a. is amended as follows: 296 297 a. Vacation Rental use of each of Oceanside Property's seventy eight (78) 298 seven -nine (79) new attached market rate dwelling units, and of each 299 dwelling unit's lockout, shall be allowed, provided that the Oceanside 300 Property is operated as a gated community with an entrance gate and fence 301 surrounding the property and establishes a homeowner's or property 302 owner's association that expressly regulates or manages vacation rental 303 uses. Pursuant to Monroe County Code Section 101-1 "Definitions" a 304 vacation rental unit is defined as "an attached or detached dwelling unit 305 that is rented, leased or assigned for tenancies of less than 28 days 306 duration." 307 308 11. Section M.I. is hereby amended as follows: 309 310 J. Rental License. Monroe County Code Section 23-85 requires each person 311 engaged in the business of renting accommodations, including vacation rentals 312 and other public lodgings licensed pursuant to Chapter 509, Florida Statutes, to 313 pay a business tax and to obtain annually a business tax receipt for each place of 314 business at which the rental occurs. Each of the new seventy eight (78)-s�n - 315 nine (79) residential dwelling units and each of the lockouts within such units 316 engaged in Vacation Rental use shall be deemed a "place of business" subject to 317 taxation under Monroe County Code Section 23-85. Oceanside Investors, its 318 successors and assigns, so long as all or a portion of the property is used for 319 vacation rentals, shall pay the business tax imposed pursuant to Monroe County 320 Code Section 23-85 for each vacation rental unit and for each lockout utilized for 321 or held out as public lodging, in addition to the seventeen (17) hotel rooms. 322 Pursuant to this Agreement, Oceanside Investors will be required to obtain a total 323 of one hur.&ed seventy-thEee (173) one hundred seventy-five (175) business tax 324 receipts, consisting of one receipt for each dwelling unit, one receipt for each 325 lockout, and one receipt for each hotel room and shall pay the business tax for 326 each unit, lockout, and hotel room being utilized in the business of Vacation 327 Rental annually. The tax collector may not accept the tax or issue receipts for the 328 business tax unless the vacation rentals are licensed pursuant to Ch. 509, Florida 329 Statutes. 330 331 12. Section II[I.J. is hereby amended as follows: 332 J. Deed Restrictions for Affordable Housing. The Surnmerland Palms 333 Property consists of twenty-two (22) parcels of record, with the mobile home 334 spaces/parcels depicted in a survey of the Summerland Palms Condo Association, 335 Inc. dated August 22, 2007. The CudJoe Coco Palms Property consists of one (1) 336 parcel of record, with the mobile home spaces depicted in the survey dated .1 337 September 10, 2013. The Stock Island Suncrest Property consists of one (1) 338 parcel of record, with the mobile home spaces depicted in the survey dated 339 September 10, 2013. The SIH LLC Property consists of one (1) parcel of record, 340 with the mobile home spaces depicted in survey dated September 10, 2013. 341 a. The Surnmerland Palms Property shall have a single deed -restriction for 342 twenty-two (22) affordable housing units and shall be recorded on all land 343 described in I. Recitals, L. and legally described in Exhibit 9 of this 344 Agreement. 345 b. The Cudjoe Coco Palms Property shall have a single deed -restriction for 346 seventeen (17) affordable housing units and shall be recorded on all land 347 described in I. Recitals, M. and legally described in Exhibit 13 of this 348 Agreement. 349 c. The Stock Island Suncrest Property shall have a single deed -restriction for 350 seven (7) affordable housing units and shall be recorded on all land described 351 in I. Recitals, N. and legally described in Exhibit 17 of this Agreement. 352 d. The SIH LLC Propegy shall have a single deed -restriction for one (1) 353 affordable housing unit and shall be recorded on all land described in I. 354 Recitals, H. of the Second Amendment and legally described in Exhibit 30 of 355 this Agreement. 356 357 13. Section III.K.c. is hereby amended as follows: 358 359 b. At Monroe County's request, Coco Palms Developers, Singh hwester-s, 360 Suncrest., and Surnmerland Palms and SIH LLC, their successors and/or 361 assigns shall provide Monroe County with an annual report demonstrating 362 compliance with the eligibility requirements of Monroe County Code Section 363 130-161. 364 365 13. Section 1H.L.b. is hereby amended as follows: 366 b. Neither tourist housing use nor vacation rental use of the affordable housing 367 units established on the Surnmerland Palms Property, Cudjoe Coco Palms 368 Property.,Stock Island Suncrest Property or SIH LLC Property, or any other 369 affordable housing resulting from this Agreement shall be allowed 370 14. Section HI.L.e.i. is hereby amended as follows: 371 372 L By a corresponding resolution, the Board of County Commissioners reserves 373 gmty six (46) fogy -seven (47) allocations, comprised of twenty three-{ 3) 374 twenty-four (24) moderate income affordable ROGO allocations, twelve (12) 375 median income affordable ROGO allocations, and eleven (11) low income 376 affordable ROGO allocations for award to the above mentioned mobile home 377 parks until five (5) years from the effective date of this agreement. 378 9 379 a. Suncrest shall be allocated three (3) low income and four (4) moderate 380 income affordable ROGO allocations. 381 b. Summerland Palms shall be allocated seven (7) low income, ten (10) 382 median income and five (5) moderate affordable ROGO allocations. 383 c. Coco Palms Developers shall be allocated one (1) low income, two (2) 384 median income and fourteen (14) moderate income ROGO allocations. 385 d. SIH LLC shall be allocated one (1) moderate income affordable ROGO 386 allocation. 387 15. Section HLM is hereby amended as follows: 388 389 M. Site Plan Approval: Monroe County does hereby accept the conceptual site 390 plan of the Oceanside Property. The conceptual site plan is attached as Exhibit -29 391 32 and supersedes the previously accepted conceptual site plans which was were 392 attached to the Development Agreement as Exhibit 23 and to the First 393 Amendment as Exhibit 29. The development shall be consistent with all 394 applicable codes, including but not limited to the Monroe County Comprehensive 395 Plan and Monroe County Code. Following a review of compliance with such 396 codes, the final site plan must be approved by the Monroe County Planning 397 Commission as an amendment to the Property's major conditional use permit. The 398 Planning Commission has final authority over the development approval and the 399 site plan which may be amended by the Planning Commission. 400 401 C. Effect of Second Amendment to Development Agreement. Except as expressly 402 modified in this Second Amendment, all terms and provisions in the Development 403 Agreement for the Parties remain unchanged and continue in full force and effect. 404 405 D. Recording, Monroe County shall record this Second Amendment with the Clerk of the 406 Circuit Court of Monroe County within fourteen (14) days following signature by all 407 Parties. Oceanside Investors agrees that it shall be responsible for all recording fees and 408 other related fees and costs related to the recording and delivery of this Second 409 Amendment as described in this section. The provisions hereof shall remain in full force 410 and effect during the term provided herein and shall be binding upon all successors in 411 interest to the Parties to this Second Amendment. 412 413 E. Conflicting Resolutions. All resolutions or parts thereof in conflict with the provisions 414 of this Second Amendment and its resolution are hereby repealed to the extent of such 415 conflict. 416 417 F. SeverabWty., If any part of this Second Amendment is contrary to, prohibited by, or 418 deemed invalid under any applicable law or regulation, such provisions shall be 419 inapplicable and deemed omitted to the extent so contrary, prohibited, or invalid; 420 however, the remainder of the Second Amendment shall not be invalidated thereby and 421 shall be given full force and effect as if the contrary, prohibited, or invalid provision was 422 never a part hereof. 423 424 G. Effective Date. The "Effective Date" of this Second Amendment is January 22, 201 425 [REMAINDER OF PAGE INTENTIONALLY BLANK. SIGNATURE PAGES T 426 FOLLOW.] I M IN WITNESS WHEREOF, the Parties hereto have set their hands and seals on the day and year below written. Summerland Palms Investors, LLC M WIR.MV50-0 to]: no ov- I of I Suncrest Investors, LLC B PRITAM SINGH, managing member Date: Oceanside Investors, LLC B PRITAM SINGH, managing member Date: Coco Palms Developers, LLC By. PRITAM SINGH, managing member Date: State of County of The foregoing instrument was acknowledged before me on this day of 2015, by PRITAM SINGH, the managing member of Summerland Palms Investors, LLC, 11 Suncrest Investors, LLC, Oceanside Investors, LLC and Coco Palms Developers, LLC. He is personally known to me and did not take an oath. Name: W Stock Island Holdings LLC UO- a VOUM State of W07711TON The foregoing instrument was acknowledged before me on this day of 2015, by Barton W. Smith as Member Manager of Stock Island Holdings LLC. He is personally known to me and did not take an oath. 13 Monroe County Im 14 p Commissioners &cUilmd by and return to: Gregory S. Oropeze, Esq. Attorney at Law Smith I Oropeza, P.L. 138-142 Simonton Street Key West, FL 33040 305-296-7227 File Number: 2014-151 Will Call No.: 9 Parcel Identification No. 00126770-000000 DOcp 2003788 10/31/2014 4:02PR Filed 8 Recorded in Official Records of MONROE COUNTY AMY NEAVILIN DEEDI00CISTAMP* CLM Krys Doep 2003788 BkN 2710 PgN 534 Above This Line For Recording Data] Warranty Deed (STATUTORY FORM - SECTION 689.02, F.S.) This Indenture made this 31st day of October, 2014 between Adrian I. Goodrich and Terri A. Goodrich, as husband and wife whose post office address is PO Box 491616, Leesburg, FL 34749 of the County of Lake, State of Florida, grantor*, and Stock Island Holdings, LLC, a Florida limited liability company whose post office address is 138 Simonton Street, Key West, FL 33040 of the County of Monroe, State of Florida, grantee*, Witnesseth that said grantor, for and in consideration of the sum of TEN AND NO1100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Monroe County, Florida, to -wit: Lots19, 20, 21, 22, and 23 of Block 53, according to George L. McDonald°s plat or subdivision of Government Lots 1, 2, 3, 4, 5, and 6 of Section 35, Government Lot 2 of Section 36, Government Lot 3 of Section 26 and Government Lot 2 of Section 34, Township 67 South of Range 25 East, on Stock Island Monroe County Florida recorded in Plat Book 1, Page 55 of the Public Records of Monroe County Florida. and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. * "Grantor" and "Grantee" are used for singular or plural, as context requires. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. DoubleTimee EXHIBIT 30 Signed, sealed and delivered in our presence: Witness Name: DocN 2003788 BkN 2710 PgN 535 (Seal) oodrich 7iTj <jl;L1L" —Witness �'- Witness Name: State of Florida County of Monroe The foregoing instrument was acknowledged before me this 31st day of October, 2014 by Adrian I. Goodrich and Terri A. Goodrich, who L] are personally known or [X] have produced a driver's license as identification. [Notary Seal GREGORY OROPEZA •( )• MY COMMISSION #FF136307 ?•p�� EXPIRES July 1, 2019 (407) gpeate7 Florldallot 8ervlce.ca jo &JI. Notary Public Printed Name: My Commission Expires: MONROE COUNTY Warronn, Deed (Stalwory Form) - Page 2 OFFICIAL RECORDS DoubleTime® 3/2712015 mc-gisweb.monroecounty-fl.gov/MCGrowthManagemenYdefaLAtaspx 'Ava j froe Cow 'f,,y - GrovAl i f l"/ref;/,e; e n t- "w"oV e 1,4 a p A p I i a t kr) i j,d j u I x",I, i cl A P 1 j,,)i n Jx,'!r 4a,r,j v,I I ............ ........................ I............................. Oo (ij ej Z J), i IT 20LAU 6 ?,'00126770-000000(1) 6 1!?/,Parcels(1) 9 1t 00126770-000000 OBJECTID (OBJE RECHAR 00121 PARCELNO 3567 B Mon roeCountySDE_Environ men tal_Layi IF !,tj'Overvfewv EF i MCPA FE Habitat 2009 ffl Tier Overlay District OB ?Zoning HE Future Land Use Map(FLUM) ffi 2006 Orthophotography 6 2009 OrthophotDgraphy Lil 2012 Image catalog NNE''I HIM EXHIBIT 31 httpJ/mc-gisvveb.monroecounty-fl.gov/MCGrowthManagemenUdefaLdtaspx 312712015 mc-gisweb.monroecounty-fl.gov/MCGrowthManagemerdidefoLAtaspx 'Alap Apqffl,,,ati0j"f,, .......... "P ""ic F d1f A f` J J,u i'n fs ......................................................... 8 31 0012677"00000(1) B ff Parcels(1) 6 f 00126770-000000 OBJECTTD (OBJE RECHAR 00121 PARCELNO 3567 6 (,i MonroeCountySDE--Environmental—Lay(, ffi Overview M MCPA ffi Habitat 2009 Ki _!Tier Overlay District M -,I Zoning M Future Land Use Map(FLUM) ffl 2006 Orthophotography ffi 2009 OrthophobDgraphy i,g�'2012 image catalog J, ............... EXHIBIT 31 httpJ/mc-gisweb.monroecounty-fl.gcyvNCGrowthMariagemenUdefaLdtaspx 111 L Petitioner: Oceanside Investors, LLC ' !>' ! i 1= 1 M i 1 # 1 r 1> 1' 1 1 # 1 1 !I 1, • 1 1 !r , t r �#� WHEREAS, an application was filed by Oceanside Investors, LLC to abandon a portion of Peninsular Avenue on Stock Island that is located between Blocks 46 and 60 (east of the center of Lot 32 in Block 46) in Maloney Subdivision, as recorded in Plat Book 1, Page 55 of the Public Records of Monroe County, Florida; and WHEREAS, the Board of County Commissioners of Monroe County, Florida, desires to renounce and disclaim any right of the County and the public in and to the hereinafter right-of-way; and WHEREAS, due notice has been published and a public hearing has been held in accordance with Chapter 336, Florida Statutes; and WHEREAS, at said public hearing, the Board considered the argument of all parties present wishing to speak on the matter, and considered the renouncing and disclaiming of any right of the County and the public in and to the hereinafter described right-of-way as delineated on the hereafter described map or plat; and Petitioner. Oceanside Investors, LLC WHEREAS, the Board has determined that vacation of the said right-of-way is for the general public welfare, and conforms to the requirement of Sections 336.09 and 336.10, Florida Statutes; and WHEREAS, the Board makes the following Findings of Fact and Conclusions of Law: 1. The Board has the authority to grant abandonments of dedicated and accepted rights -of - way under jurisdiction of the County in accordance with Monroe County Code § 19- 1; and 2. The vacation of the said right-of-way is not inconsistent with any of the criterion for granting abandonments provided in Monroe County Code § 19- 1; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that it hereby renounces and disclaims any right of the County and public in and to the following described streets, alley -ways, roads, or highways as delineated on the hereafter described map or plat, to -wit: "Peninsular Avenue, lying between Block 46 and 60, South of the East 112 of Lot 32, Lots 33, 34, & 35 in Square 46, and North of a portion of Lot 2 and Lot 3, Block 60, according to Maloney's subdivision of a part of Stock Island, Monroe County, Florida as recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, Florida, and being more particularly described as follows: Begin at the Southeast corner of Lot 35 of said plat, thence West along the North Right -of - Way line of Peninsular Avenue for a distance of 175.00 feet to the Southeast comer of said West 1h of Lot 32; thence South along the Southerly extension of the West line of the East 112 of Lot 32 for a distance of 60.00 feet to the South Right -of -Way line of Peninsular Avenue; thence East along the said South Right -of -Way line of Peninsular Avenue (Northerly line of said Lots 2 and 3) for a distance of 175.00 feet to the Westerly line of Maloney Avenue; thence North along the said Westerly line of Maloney Avenue for a distance of 60.00feet to the Point of Beginning" 11T .TMAr.Tff"TrM!1 r.T--r. r1=11MY Mayor Danny L. Kolhage No Mayor pro tem Heather Carruthers Yes Commissioner Sylvia Murphy Yes Commissioner George Neugent Yes C) Commissioner David Rice Yes XW rn BOARD OF COUNTY COMMISSIONERS OF M OE COUNTY, F IMA C" rn BY: Mayor Dabfy L. Kolhage z:1 Approved as to Form and Legal Sufficiency Assistant County Attorney 1 *4114 of I I VNRJVVV ONV IHOS32J 3GISNV300 JO; _ < a NVId 311S 43SIADH +Ik ltlM Z \b_V i I w, 4 U o n LII z♦ N I � I '. I p I • r r rj 011)� •11 Di 016r ma • • • ,. the State of Palms Investors, LLC, a Florida liabilityDevelopers,• ,. limited company,liability . • Palms Developers"), Investors,. .. limited liability company ("Suncrest") as successor in interest to Singh Investors, LLC and Suncrest Landings, LLC, Florida limited liability companies, and Oceanside Investors, LLC, a Florida limited liability ("OceansideInvestors")• "Parties") pursuant to Sections 110-132, 110-133, 130-161.1 of the Monroe County, Florida Code of Ordinances ("Monroe • •, . the Florida Local GovernmentDevelopment • Florida Statutes Sections 163.3220-163.3243 (2013) and is binding on the "Effective Date" set (orth • The Parties hereby agree as follows: I. RECITALS HickoryA. This First Amendment provides for the inclusion of real property located at 5948 Peninsular Avenue, Stock Island, Monroe County, Florida which is commonly referred to as the • • • development of boardwalk along, •r' permittedHouse, transfer of vested Transient Residential Dwelling Units correspondent to twelve (12) bedrooms and twelve (12) bathrooms from Hawk's Cay, and for an increase in total Transient Residential Dwelling Units to be developed property ♦ r at •.; 5950 and 5970 Peninsular Avenue, Stock Island, Monroe County, Florida ("Oceanside •• SectionB. All Parties have the authority to enter into this Agreement through Florida Statutes Chapter 163 and the sole and undivided ownership of the Properties. C. 1 Florida• •nroe County to enter intodevelopment landownersagreements with • • • to encourage a stronger commitment to comprehensive and capital facilities planning, ensure the provision of adequate public facilities fordevelopment, •urage the efficient use of • • reduce the economic• of development. D. This Agreement, amongother things,• • to and shall constitutedevelopment amongagreement pursuant to the Florida Local Government• • Agreement Act, Section 163.3223, et seq., Florida Statutes ("Act"). E. The Parties recognizethe public noticingand hearing procedures shall f• • DocN 2009348 Bkp 2716 Pgp 2224 F. Monroe County finds that entering into this First Amendment furthers the purposes, goals, objectives and policies of the Monroe County Comprehensive Plan which contains goals and objectives that seek to encourage the provision of affordable housing through incentive programs and regulations (including but not limited to Goal 601, Objective 601.1, Objective 601.2 and Objective 601.6). G. The Parties, with the exception of Suncrest, but including Suncrest's predecessor in interest, Suncrest Landing, LLC and Singh Investors, LLC, entered into a Development Agreement with the County dated December 5, 2013 ("Development Agreement") providing for the redevelopment of the Oceanside Property. H. After entering into the Development Agreement, Suncrest was assigned the purchase and sale agreement previously held by Singh Investors, LLC to purchase the real property owned by Suncrest Landing, LLC, and located at 5176 Suncrest Road, Stock Island, Monroe County, Florida ("Suncrest Property"), which property is subject to the Development Agreement. I. On February 14, 2014 Suncrest Investors, LLC acquired the Suncrest Property from Suncrest Landings, LLC, and Suncrest Investors, LLC is now a necessary party to the Development Agreement. A copy of the Warranty Deed evidencing Suncrest's ownership is attached hereto as Exhibit 24. J. On July 16, 2014, Monroe County, pursuant to Monroe County Resolution 116-2014, approved to be abandoned the right-of-way between the Hickory House and Oceanside Property ("Abandoned Road") more particularly described as: Peninsular Avenue, lying between Block 46 and 60, South of Lots 30, 31 & the West 1/2 of Lot 32, in Square 46, according to Maloney's subdivision of a part of Stock Island, Monroe County, Florida, as recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, Florida, and being more particularly described as follows: Commence at the Southeast comer of Lot 35 of said plat, thence West along the North Right-of-way line of Peninsular Ave. for a distance of 175.00 feet to the Southeast comer of the said West % of Lot 32, and the Point of Beginning; thence continue West along the said North Right-of-way line of Peninsular Ave. for a distance of 195.00 feet, more or less to the platted shoreline per Maloney's subdivision; thence S 18°26'06" W along the platted shoreline for a distance of 63.64 feet to the South Right-of-way line of Peninsular Ave.; thence East along the said South Right-of-way line of Peninsular Ave., for a distance of 215.00 feet more or less to the Southerly extension of the East line of the said West 1/2 of Lot 32; thence North for a distance of 60.00 feet to the said North Right-of- way line of Peninsular Ave. and the Point of Beginning. A copy of Monroe County Resolution 116-2014 is attached as Exhibit 25. K. Since the effective date of the Development Agreement, Oceanside Investors has entered into a purchase and sale agreement with Monroe County to purchase the Hickory House. 2 DocU 2009348 BkN 2716 PgN 2225 OWN 1. The Hickory House Property is legally described as Lots 30, 31 and the West 1/2 of Lot 32, in Square 46, according to Maloney's Subdivision of a part of Stock Island, Monroe County, Florida, as recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, Florida. and that certain County -owned abandoned right of way in accordance with Resolution No. 116-2014 comprising a part of Peninsular Avenue, Stock Island, Key West, Florida 33040 is more particularly described as: Peninsular Avenue, lying between Block 46 and 60, South of Lots 30, 31 and the West V2 of Lot 32, in Square 46, according to Maloney's subdivision of a part of Stock Island, Monroe County, Florida, as recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, Florida and being more particularly described as: Commence at the Southeast comer of Lot 35 of said plat, thence West along the North right-of-way line of Peninsular Avenue for a distance of 175.00 feet to the Southeast comer of the said West V2 of Lot 32, and the Point of Beginning; thence continue West along the said North right-of-way line of Peninsular Avenue for a distance of 195.0 feet, more or less to the platted shoreline per Maloney's subdivision; thence S 18*26'06" W along the platted shoreline for a distance of 63.64 feet to the South right-of-way line of Peninsular Avenue; thence East along the said South right-of-way line of Peninsular Avenue, for a distance of 215.0 feet more or less to the Southerly extension of the East line of the said West V2 of Lot 32; thence North for a distance of 60.00 feet to the said North right-of-way line of Peninsular Avenue and the Point of Beginning. A copy of the Warranty Deed evidencing Monroe County's ownership of the Hickory House is attached as Exhibit 26. 2. As of the date of this Agreement, the Hickory House is assessed by the Monroe County Property Appraiser as real estate numbers 00126210-000000, 00126220- 000000, 00126230-000000. 3. Historically, the Hickory House was used as a restaurant and marina. 4. The Hickory House Property currently has a Mixed Use ("MU") Land Use (Zoning) District designation and a corresponding Mixed Use Commercial ("MC") Future Land Use Map designation. A copy of the Land Use District Map and Future Land Use Map for the Hickory House is attached as Exhibit 27. 5. The Hickory House currently has a Tier Overlay District Designation of Tier III. 6. The Hickory House consists of 29,447.55 square feet of upland. M. As part of the purchase and sale agreement for the Hickory House, Oceanside Investors and Monroe County agreed that Oceanside Investors shall make an application to amend provide for development of a boardwalk along the Western edge of the Hickory House and Abandoned Road. N. Oceanside Investors desires to increase the total number of Transient Residential Dwelling Units permitted to be developed on the Oceanside Property. O. Village at Hawk's Cay, Inc. ("Hawk's Cay") owns vested Transient Residential Dwelling Units associated with twelve (12) bedrooms and twelve (12) bathrooms, which were legally vested in Hawk's Cay prior to July 13, 1992 by virtue of a Development of Regional Impact approval, as amended ("Hawk's Cay DRI" ), and is still valid pursuant to the Agreement for the Built -Out Hawk's Cay DRI entered into by and between Monroe County, Hawk's Cay and Di on January 8, 2004. The Hawk's Cay DRI memorialized the existence of development rights correspondent to six hundred fourteen (614) transient bedrooms and six hundred twenty-six and one half (626.5) bathrooms on real property owned by Hawk's Cay. 2. Of the six hundred fourteen (614) transient bedroom development rights and six hundred twenty-six and a half (626.5) bathroom development rights established pursuant to the Hawk's Cay DRI, six hundred two (602) transient bedrooms and six hundred twelve and one half (612.5) bathrooms were built out or transferred to third parties. 3. As a result, Hawk's Cay possesses twelve (12) vested Transient Residential Dwelling Units, defined as rooms under Monroe County Code ("Hawk's Cay Vested Development Rights"). 4. Pursuant to • o. County Codevalid, regionalunexpired development of granted to ROGO system. As a result, the P. Oceanside Investors and Hawk's Cay desire to transfer and develop the Hawk's Cay Vested Development Rights at the Oceanside Property. 110Q .1 A. The overall purpose of this First Amendment is to include the Hickory House and Abandoned Road as part of the Oceanside Property receiver site, provide for development of a boardwalk along the Eastern edge of the Hickory House and Abandoned Road, to memorialize the eligibility of the Hawk's Cay %ested development rights for development on the Oceanside Property, and to increase the amount of Transient Residential Dwelling Units permitted to be developed on the Oceanside Property. DOCU2009348 l M.TERMS OF AGREEMENT forthA. Recitals. The recitals explaining the intent and purpose of the First Amendment as set preceding clauses are incorporated herein• form a material part of the Development Agreement an• this First Amendment.recognizebinding Agreementeffect of Fla. Stat. §§ 163.3220-163.3243, as to the form and content of the Development r First Amendmentand in accordance• • agree to the following. B. Amendments. The D• r r amended as follows(additions • are underlined and deletions are stfuesk 1. Section I.N.7 is hereby deleted In Its entirety. 2. Section II.J is hereby amended as follows. •. f 110 • ', �• • c.. 11 1 • r, 3. Section III.D.l.e. is hereby amended as follows: e. The redevelopment of ..erty includes the addition of up to 78 new, market residentialrate maybe used as vacationr to 5 17 new hotel rooms,. other improvements. to the existing marina and accessory development. residential• . 100 permanent residential units and 5 17 transient units. Not •accessory nonresidential intensity shall not exceed 40,000 square 4. Section III.D.I.E is hereby amended as follows: •' • 1 • •r • i •. • ••, identified on Exhibit 5. Section III.G. is amended as follows: Development Allowed. The following specific• r of the Properties, and are standards by which any further approvals shall be measured and shall be • • 5 8kV 271693psp 2228 a. The Oceanside Property consists of 19.84 20.06 gross acres consisting of 1-119 12.06 acres of upland and 8.0 acres of submerged land. There currently exist twenty-two (22) market -rate residential dwelling units, in the form of condominium units on the property. ', Oceanside thirty-twowith TDR's to the Oceanside Order #02-07. c. After an equivalent number of deed restricted affordable housing units are established on the Summerland Palms Property, Summerland Investors is permitted to transfer market -rate TRE's associated with lawfully established mobile homes from the Summerland Palms Property sender site to the Oceanside Property receiver site pursuant to Monroe County Code Section 130-161.1. d. After an equivalent number of deed restricted affordable housing units are established on the Cudjoe Coco Palms Property, Singh Inveefs Coco Palms Developers is permitted to transfer the market -rate TRE's associated with lawfully established mobile homes from the Cudjoe Coco Palms Property sender site to the Oceanside Property receiver site pursuant to Monroe County Code Section 130-161.1. e. After an equivalent number of deed restricted affordable housing units are established on the Stock Island Suncrest Property, Suncrest is permitted to transfer the market - rate TRE's associated with lawfully established mobile homes from the Stock Island Suncrest Property sender site to the Oceanside Property receiver site pursuant to Monroe County Code Section 130-161.1. f. _ Hawk's Cay has transferred to the Oceanside Property, and Oceanside Investors is permitted to develop on the Oceanside Property, the Hawk's Cay Vested Development Rights, consisting of twelve (12) bedrooms and twelve (12) bathrooms fig` Provided such development can be designed and approved by all applicable codes, including but not limited to the Monroe County Code and Florida Building Code, Oceanside Investors is permitted to develop the following buildings, facilities and structures on the Oceanside Property pursuant to this Agreement: i. In addition to the already existing twenty-two (22) attached, market -rate residential dwelling units, up to seventy-eight (78) new attached, market -rate residential dwelling units, each of which may be configured to include a separately rentable "lockout" consisting of no more than one (1) bedroom and one (1) bathroom, all of which may be used for vacation rental use, provided Oceanside Investors constructs and 1) installs and maintains a gated entrance and 2) establishes a homeowner's or property owner's association that expressly regulates or manages vacation rental uses. ii. A hotel with up to seventeen (17) new hotel rooms. 11 iii Eight (8) existing wet slips that have existed for over 40 years but have not been properly permitted. Twenty percent (20%) of Oceanside Investors' wet slips shall be restricted to use by commercial fishing vessels. iv. A restaurant with up to 150 seats and up to 3,859 square feet of floor area. v. Additional amenities ancillary and accessory to the vacation rental and hotel use, including a lobby, gatehouse, offices, fitness center, bath house, maintenance, housekeeping and watersports consisting of up to 9,352 square feet as depicted on plans submitted with this Agreement. vi. A marina store, dock master, and watersport offices consisting of up to 1,973 square feet as depicted on plans submitted with this Agreement. vii. Parking areas and landscaping viii. Public access is permitted to the Oceanside Property, Hickory House and Abandoned Road waterfront boardwalk as depicted on the conceptual site plan attached to this Agreement as Exhibit 29, which shall be open to the public free of charge from 7:00 a.m. to dusk three hundred sixty-five (365) days per year. Oceanside Investors may establish and enforce reasonable rules related to use of the waterfront boardwalk and conduct by the public while using the waterfront boardwalk from 7 a.m. to dusk. Oceanside Investors agrees that no physical barrier may be erected to close off access or create the appearance that access during daylight hours is restricted. This condition shall survive the expiration of the Agreement. i*. A eepy of the pnhwAnaFy Design D" Parldag Galealafiens DensityAniensity Table is aftehed as B*hibit-� 5. Section HLI is hereby amended as follows: I. Rental License. Monroe County Code Section 23-85 requires each person engaged in the business of renting accommodations, including vacation rentals and other public lodgings licensed pursuant to Chapter 509, Florida Statutes, to pay a business tax and to obtain annually a business tax receipt for each place of business at which the rental occurs. Each of the new seventy-eight (78) residential dwelling units and each of the lockouts within such units engaged in Vacation Rental use shall be deemed a "place of business" subject to taxation under Monroe County Code Section 23-85. Oceanside Investors, its successors and assigns, so long as all or a portion of the property is used for vacation rentals, shall pay the business tax imposed pursuant to Monroe County Code Section 23-85 for each vacation rental unit and for each lockout utilized for or held out as public lodging, in addition to the five ( iyseventeen (17 ) hotel rooms. Pursuant to this Agreement, Oceanside Investors will be required to obtain a total of one handired simty ene (161)gne hundred seventy-three (173) business tax receipts, consisting of one receipt for each dwelling unit, one receipt for each lockout, and one receipt for each hotel room and shall DocN 2009348 8kq 2716 P9N 2230 6. Section IH.M is hereby amended as follows: limitedix hibit 23. The development shall be consistent with all applicable codes, including but n to the Monroe• • f 1Monroe CountyCode.• • review •:compliance1. codes, plan mustbe approved .the• I.... •r. County Planning Commission as an amendment to the Property's major conditional use pe The Planning Commission has final authority over the development approval and the site pl which may be amended by the Planning Conunission. Effect of First Amendment to Development Aueement. Except as expressly modified in this First Amendment, all terms and provisions in the Development Agreement for the Parties remain unchanged and continue in full force and effect. D. 'Recording. Monroe Countyis '.r this Agreementof Court of Monroe County within fourteen (14) days following signature by all Parties. Oceanside Investors agrees that it shall be responsible for all recording fees and other related fees and costs related to the recording and delivery of this Agreement as described in this section. The provisions hereof shall remain in full force and effect during the term provided herein and shall be binding upon all successors in interest to the Parties to this E. Conflicting Resolutions. All resolutions or parts thereof in conflict with the provisions of this Agreement and its resolution are hereby repealed to the extent of such conflict. F. Severability., If anypart.this Agreement::• prohibited f or deemed • under anyf • • inapplicable prohibited,deemed omitted to the extent so contrary, prohibited, or invalid; however, the remainder of the Agreement shall not be invalidated thereby and shall be given full force and effect as if the contrary, part hereof. EffectiveV. R Cbeptef . M. Doen 20093481 r ♦ M PAGLvi T IN WITNESS WHEREOF. below written. Ste: NuRcrest Investom LLIrl B : Title: L%Z Oceanside Inustom LLC BYL Title° Date: Coco Palms Deve !+9 _X. ,- Date: State of L m BkN 271693PON 2233 foregoingThe . . day of 2014, by • • r Palms Oceanside -Investors,. Palms Developers, -lersonally known to me did D-Qt take an oath. MAYRA TEZ NN05 I V r�{ Notary Public - Stale c: Ronds • My Comm. Expires May 19, 2016 Commission / EE 168590 Monroe County ' Bonded TINe ty Board of County Commissioners IM ITr1�Ir�3.1�1c,M' .1 r ra �' m I►TilVLSIk 111"i z.iz � • *'I J01 .• ■ DocN 2009348 Bkq 2716 Pgq 2235 Deeq 1968963 Bkq 2671 Pgq 850 Signed, sealed and delivered in our presence: f /91119. Pi • '' ✓ A I l i State of Florida County of Monroe The foregoing instrument was acknowledged before me this 14th day of February, 2014 by Walter S. Holland, Jr., Managing Member and Roberta Holland, Managing Member of Suncrest Landing, LLC, on behalf of the corporation. They [ j are personally known to me or [X] have produced a driver's license as identification. M3 pppy OWPt3A s MONROE F COUNTY 1-d'k w- t Notary Public Public Printed Name: My Commission Expires: 14 affano Deed (Statutory Form) - Par 2 Exhibit 24 DoubleTimes •. Filed A Recorded in Official Records of MONROE COUNTY Petitioner: Oceanside - 1- r f r + ,�, •f At r 1 00"I 04zles to •I :f 'V Jim WHEREAS, an application was filed by Oceanside investors, LLC to abandon a portion if , •I • • • rween Blocks• and 61 of V3 of Lot 32 in Block 46) in Maloney Subdivision, as recorded in Plat Book 1, page 55 of the Public Records of Monroe County, Florida; and WHEREAS, the Board of Ity Commissioners of Monroe County, Flordesires to ALqjukjm-"AXvght of the CoumgjaLthe L-,ublic in and to the hereinafter right-of- 1• WHEREAS, due notice has been published and a public hearing has been held in accordance Chapter. Florida 1WHEREAS, at said public hearing, the Board considered the argument of present wishing to speak on the matter, and considered the renouncing and disclaiming of any BOCC June 30, 2013 061914 Exhibit 25 DocN 2009348 Bkp 2716 Pgp 2238 DOap 1992171 Bkp 2696 Pap 897 Mayor Sylvia Murphy Yen Mayor pro tem Danny L. Kohlage No Commissioner Heather Carruthers Yen Commissioner George Neugent Yes Commissioner David Rice Abstained Approved as to Form and Legal Sufficiency Assistant County Att ey / g/ Q G I IV BOCC June 30, 2013 061914 Doca 200934 Oka 2716 rga 223 Decill a269621Ps1a 898 INIM"I"-'m COUNTYCooke Communications, Ll-C O Florida Keys PO Box 1800 Before dailyKey West F1 33041 oath says that he is Advertising Director of the Key West Citizen, a • 15-292-7777 newspaperpublished • : •County,• •; Extension ... x2l 9 attached copy of advertisement being ; that the legal notice in the matter of :1 Jecaladkove-1 - e VWb Design Services A ` SPAPERS The Ckbmn Scuthemmost Flyer COMMerclal Printing FLORIDA KEYS OFFICES Printing / Main Facility 3420 Northside Drive Key Wast, Ft 33040-1800 Tel 306.292-7777 Fax 306-2 788 citL• cnrl,�kevwe•t cn�rt f f - Upper Keys o"WA Tavernier, Fl. 33070 Tel o. Fax 3054163-0558 161 cliscount,rebate, • 1 • Sworn and subscribed before me thus day of U 1 , 2014 Notary Public: DAWN KAWZINSKY NOTARY PUBLIC. % STATE OF FLORIDA .4.) COMM# EE157233 i ,:. Ir ersonally • f:. ProducedIdentification Type of Identification Produced DOCN 2009348 BkN 2716 PqN 2240 No= GE AMM of NOTICE OF ADOPTION OF RESOLUTION RENOUNCING AND DISCLAIMING ANY RKNfT OFTHE COUNTY OF MONROE RiO1iffvMftw- IN ANDTO A CERTAIN STREET AS DEUNEATED ON A CERTAIN RECORDED PLAT. NOTICE IS HEREBY GIVEN, to Chapter 336. a Stables Board of�J� o meeq90 4014 duly adopted Rao Mon No. 11841014, rervAcinp and diedidming any right of the county of Monroe and" in and to the foomft roads or highways ea delineated on the herolnefler described map or plat, to wIt: "PanU=dx Avww%"g beerrsan Blodt 40 and 80. South of Lets 30, 87 A the VAWt 14 of Lot 80, In 8gaare 46, s000rding to Mdoney s suhdlvlslon of a part of Stock Wand, Monroe county, Florida, = reocaw In Plat Seek 1, PMe 68.01 tN PubUoAaowhdaof Ywuos Cowdy,FWrNK and bd ng more partoutarly deawINsf asfa8owa DO us hoe d tca 8ouumm caner of Let 88 of add phi, thsewsgrS Bra t peninsular owe dldbnoe of 178.0o taat to the Southeast corner of the and West IPA of Lot 3111. and the Nmth I118111,014 hay Una of Peninsular Avs, Ww-- dlsfance at 108A111bk fie f or bes to the ppIaatedd shorepns par, Wbrwlh- 1825- aborebe for a dWance of 4P.84 fret to thpo'�e �Ser— Ponl Uwm—X1W the of dlWrhas of tl18.00 that men or leae to the mat" a I '" of NO Emu line of ths4onEWed 112 of Lot Sf; UpoeslierM for ■ dlawnoe of SQ00 feet to to odd North Uns of Pen RkhaD er Aveand the Pobd 1$e00 00 equa a fad, men or Imam' Dated at Marathon, Rarlda, ids 2nd Day of Julg 9014. AMY HEAMUN, Clark of the Chao Court and ex othdo Clerk of the Board of Camry Commlasloners of Monroe county Ronde July 7.2014 Key Vied Chttan MONROE COUNTY OFFICIAL RECORDS gka2s oa is112171 Pea see Dona 191 21/38/2699 4t13PM Riled a Rsoordsd In official Rooards of COUNTY DW L. KOUNM Erion N. Hughes -Sterling Attorney at Law 11139128M 4:13M Spottswood, Spottswood & Spottswood am nal: STAMP a: py $21,03.M 500 Fleming Street Key West, FL 33040 305-294-95H File Number. 06-33S-JB Deals 1825458 Bka 22M Pets 1823 [Spam Above We Uno For Recording Wear This Warranty Deed made this 28th day of November, 2006 between Melodye Roger a/Wa Melody Roger, a single woman whose post office address is 100 Bay Drive, Key Wait, FL 33040, grantor, and Monroe County, a political subdivision of the State of Florida whose post office address h 1100 Simonton Street, Key West, FL 33040, grantee: (Whenever used hadn the tame "grantor'° and "grante include all As pestles to this instrur em and the help, legal reptasawdves. and assigns of Individuals, and the rweenors and aasigm of carporedons, rum and auatoea) Witnesseth, that said grantor, for and In consideration of the sum of TEN AND NO1100 DOLLARS (510.00) and other good and valuable considerations to said grantor in hand paid by said gtantae,the receipt whereof is hereby acknowledged, has granted, bugain4 and sold to the said grantee, and grantee'a heirs and assigns forever, the following described )and, situate, lying and being in Monroe County, Florida to -wit: Lots 30, 31 and the West 112 of Lot 32, In Square 46, according to Malonsyh subdivision of a pert of Stock Island, Monroe County, Florida, as recorded in Plat Book 1, Page $5, of the Public Records of Monroe County, Florida. Parcel Identification Number: 00126230-0; 00126220-0 ; 001262104MMO Together with all the tenements, hem4itaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the Gams: in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawtbl authority to sell and convey said land; that the grantor hereby fblly warrants flue title to said land and will defend tho same against the lawful claims of all persons whomsoever, and that said land is five of all except taxes accruing subsequent to December 31,2005. In Witness Whereo& grantor has hereunto set granm?a hand and seal the day and year first above written. k, sealed and dellvqjcd Inpur presence: t7 ii State of Florida County of Monroe t odye Roger The foregoing instrument was acknowledged before me this 28th day of November, 2006 by Melodye Roger, who [j is personally known or M has produced a driver's license as identification. [Notary Sea)j Notary PUblic d,�►P-4. SO Mary E. Turtto Printed Name: v MARY E. R It Commission • OD398273 Expiras March 30, 2009 My Commission Expires: ++TMr►+•saWAftos ssrou 6 COUNTV OFFICIAL ItECOMS DoubleTtmee, CK:) ■ AS 17 AN o o N--j �� ------------ ........... •............ ------------------- ---------------------- --- ......... .................................... W�T ANIWWD --- ------ ------- --- --------------------- ...... - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - r---------------------------------------- ---------------------- - -------- ----------------- ----- - .......... if 0 W 01 HOIVR I M Rr CY cm aD a VIL Ol aas" N r- cm u a O.W cm [Yfl 40 qr a a vmu I VN1aVW ONV 1aOS3a 301SNV300 I �• troy �o� 6�0 NVId 311S a3SIAM yyY Y YY y yY Y Y 0 p ° °. y q1°°.9.. HHO iiiii;Iiiii. Id14f I I+iiei tI101311�sb�a �ffAf1�24e'9l+.S:il +i �BR � � •s � _ +1°+�{1+�++ 11 1 fill 1EaRi� ® N CDO OUR BRUCE ERIC= i 11111111 9 .,a • wa v .. ® ,�. -.v ,..am . r.. „_.. ,.ew.e�e� �iws -ro ....®. ,m WIN 1114 I> WHEREAS, at a public hearing held on December 10, 2014, the Monroe County Board- • • • # • • • • ; • • • • • s :• a' • a Development Agreement (Agreement) in accordance with Monroe County Code § 110- 13 2, §110-133• 1 • Florida Statutes §163.3220 et. seq., the "Florida Local Government Development Agreement Act"; and Nil Page l of 5 (1 •, 1i 1t !'1 11 •11 11 • 11 11! 11 `+ f!' 11 , • f,1 , 11 11 s / {e •! the Cudjoe• • at 21585 • • State ''•.• 4A, Cudjo-e Key, is legally described as Lot! :•• real estate •11 1 11111i • - having WHEREAS, the Stock Island sender site, located at 5176 Suncrest Road, Stock Island, is legally described as Lots 27 and 28, Sun Krest (Plat Book 1, - having real estate • 1 .1 ff1111 . • WHEREAS,WHEREAS, the development agreement is required as part of an affordable housing incentive program as set forth in § 13 0-16 1.1 of the Monroe County Code; and of the program outlined in §130-161.1to establish IFF.-development strategy to straightforward market -rate redevelopment; and WHEREAS, program outlined in 1-161.1 allows the transfer of WHEREAS,ROGO exemptions associated with lawfully established dwelling units now existing at an eligible sender site to be transferred to another site or sites in exchange for maintaining an equal or greater number of deed -restricted affordable dwelling units within Monroe County; and theMonroe CountyPlanningCommission held public hearing at its r-neeting on November 19, 2014, which was the first of two required public hearings; and WHEREAS, based upon the information and documentation submitted, the Board of CountyCommissioners makes1 following Findings of Fact: 1. The receiver site, commonly known as Oceanside Marina, 5950 and 5970 Peninsular Avenue, Stock Island, is located within a Mixed Use (MU) Land Use (Zoning) District. Further, it isdesignated :•within a MixedUseCommercialcategory on the Future Land Use Map (FLUM) and within a Tier III district on the Tier Overlay District Map; 2. The Summerland sender site, 24930 Overseas Highway, Summerland Key, is located within an Urban Residential Mobile Home (URM) Land Use (Zoning) District. Further, it is designated within a Residential High (RH) category on the Future Land Use Map (FLUM) and within a Tier III district on the Tier Overlay District Map; 3. The Cudjoe sender site, 21585 Old State Road 4A, Cudjoe Key, is located partially within Native Area (NA), Urban Residential Mobile Home (URM) and Suburban Page 3 of 5 Commercial (SC) Land Use (Zoning) Districts. Further, it is designated partially within Residential Conservation (RC), Residential High (RH) and Mixed Use / Commercial (C) categories on the Future Land Use Map (FLUM) and within a Tier III district on the Tier Overlay District Map; 4. The Stock Island sender site, 5176 Suncrest Road, Stock Island, is located partially within Mixed Use ) and Native Area (NA) Land Use (Zoning) Districts. Further, it is designated partially within Mixed Use / Commercial (MC) and Residential Conservation (RC) categories on the Future Land Use Map (FLUM) and within Tier I or III districts on the Tier Overlay District Map (affordable housing would be located entirely within the Tier III portion of the site); 5. On 1 2013,development , by the approvalDevelopment Review Committee; 6. On November 15, 2013, the Monroe County Planning Commission held a public hearing, which was the first of two required public hearings, and recommended Board of •unty Commissioners of the existing development agreement, as memorialized in Planning Commission Resolution #P29-13; 7. On August 26, 2014, the amended development agreement was reviewed by the Development • 8. On • • r 2014,• •e County Planning Commission• a public hearing and recommended approval to the :•: ► of •unty Commissioners of amended development • • in Planning Commission Resolution 1 agreements9. Florida Statutes §163.3220 authorizes Monroe County to enter into development : r • •wners and/or governmental agencies•stronger commitment to comprehensive and capital facilities planning, ensure the provision of adequate public facilities for development, encourage the efficient use of resources, and reduce the economic cost of development; and WHEREAS, based upon the informationdocumentation submitted, the :•. • of County• •ners makes the following Conclusionsof 2. The •uest is consistent with the provisions anf intent of • •County 2010 Comprehensive 3. The request is consistent with the provisions and intent of the Lower Keys (MM 14.2 — 29.0) Livable CommuniKeys Plan; DocN 2009348 BkN 2716 p9N 2250 4. The request is consistent with the Master Plan for the Future Development of Stock Island and Key Haven, also known as the Stock Island/Key Haven CommuniKeys Plan; 5. The request is consistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; 6. The development agreement is required as part of an affordable housing incentive program as set forth in §130-161.1 of the Monroe County Code and Ruthers the provision of affordable housing in Monroe County; 7. The Agreement, among other things, is intended to and shall constitute a development agreement among the Parties pursuant to the Florida Local Government Development Agreement Act, Section 163.3223, et seq., Florida Statutes. I 1 1:1 & 0 1 0 # I : I : # hUMU, kits ELVISM"1111)(4)WIRS) I I & 9 4* 6 1 4 � W W %, ( # X'j = 17T= [110 =-- ne I I I WaA"Ja I I Wj� W1 � i 1 1 j MIUM 1011MIUMMill McNiVoy (or, 1,21FItTill MooMMil t I FlMN we) anti Nwilms) a 016161MMIZ)MIJE, Mayor Danny L. Kolhage es Mayor pro tem Heather Carruthers �C; IC Commissioner Sylvia Murphy v4 c Commissioner George Neugent '4 c -9, Commissioner David Rice d' BOARD OF COUNTY COMMISSIONERS OF OE COUNT ORID 70 BY: 4 ranny h-kolhage g (SEAL) ATTEST, AMY HEAVILIN, CLERK MON-ROE COUNTY ATTO Deputy Clerk "TFORM: Q TATE OF F14C)RANDA STEVEN T. WILLIAMS ,OlJM41'Y OF MONROE ASSISTANT 0 TYATTORNE ir '10-i Coayx.'-'FrVe COFY ar IC sf%onalon File la '1111" Ofran r, Witness a hand and OfEcial SeaL day oC— AMY HEAVflSAN Page 5 of 5 , MONROE COUNTY Clerk Circa RC'ourt OFFICIAL RECORDS Doca 1952037 12/19/2013 1:32PH 20 p 37 i96 Filed & Recorded in Official Records of pocDoe 2196 37 1918 MONROE COUNTY AMY HERVILIN BkN 4 DEVELOPMENT AGREEMENT 6 THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into on the l f day 7 of D2CCmh1�nr 2013, by and between Monroe County, Florida, a Political 8 Subdivision of the State of Florida ("Monroe County'), Summerland Palms Investors, LLC, a 9 Florida limited liability company ("Summerland Palms"}, Coco Palms Developers, LLC, a 10 Florida limited liability company, ("Coco Palms Developers', Suncrest Landing, LLC, a 11 Florida limited liability company ("Suncrest'), Singh Investors, LLC, a Florida limited liability 12 company ("Singh Investors'), and Oceanside Investors, LLC, a Florida limited liability 13 company ("Oceanside Investors") (collectively, the "Parties'), pursuant to Sections 110-132, 14 110-133, and 130-161.1 of the Monroe County, Florida, Code of Ordinances ("Monroe County 15 Code'), and the Florida Local Government Development Agreement Act, Florida Statutes 16 Sections 163.3220-163.3243 (2013), and is binding on the "Effective Date" set forth herein: 17 18 WiTNESSETH: 19 20 The Parties hereby agree as follows: 21 22 L RECITALS 23 A. This Agreement involves the redevelopment of property located at 5950 and 5970 Peninsular 24 Avenue, Stock Island, Florida. The site has historically been known as Key West Oceanside 25 Marina and, individually, it is referred to as "Oceanside Property" herein this Agreement. 26 27 B. This Agreement involves the transfer of Transferable Residential Rate of Growth Ordinance 28 Exemptions (TRE's), from Sender Sites at 24930 Overseas Highway, Summerland Key, 29 Florida, 21585 Old State Road 4A, Cudjoe Key, Florida and 5176 Suncrest Road, Stock 30 Island, Florida to the Oceanside Property, a Receiver Site, at 5950 and 5970 Peninsular 31 Avenue, Stock Island, Florida in accordance with Monroe County Code Section 130-161.1. 32 Collectively, these sites are referred to as the "Properties" herein this Agreement. 33 34 C. All Parties have the authority to enter into this Agreement through Florida Statutes Chapter 35 163 and the sole and undivided ownership of the Properties. 36 37 D. Section 163.3220, Florida Statutes, authorizes Monroe County to enter into development 38 agreements with landowners and/or governmental agencies to encourage a stronger 39 commitment to comprehensive and capital facilities planning, ensure the provision of 40 adequate public facilities for development, encourage the efficient use of resources, and 41 reduce the economic cost of development. 42 43 E. This Agreement, among other things, is intended to and shall constitute a development 44 agreement among the Parties pursuant to the Florida Local Government Development 45 Agreement Act, Section 163.3223, et seq., Florida Statutes (the "Act'. Page 1 of 30 (November 27, 2013 version) ®ocN 1362037 Bkq 2663 Pga 1919 2 F. The Parties recognize that the public noticing and hearing procedures shall follow the 3 requirements of Section 163.3225, Florida Statutes, which requires the local government to 4 conduct two public hearings, one of which may be before the Planning Commission. 5 6 G. Monroe County finds that entering into this Agreement furthers the purposes, goal objectives 1 • policies of the MonroeCounty Comprehensive P •which containsgoals • •. 8 objectives that seek to encourage the provision of affordable housing through incenti. 9 programs and regulations but not limited to Goal 601, Objective 601.1, Objecti F 61 r •• 601.6). (including 11 12 H. Monroe County Code Section 130-161.1 encourages the redevelopment of mobile home sites 13 to encourage the establishment/preservation of deed restricted affordable housing in 14 exchange for the ability to transfer an equal number or lesser number of TRE's associated 15 with market -rate, permanent residential dwelling units. 16 17 I. Monroe County Code Section 130-161(a)(1) intends "to establish an appropriate incentive 18 for mobile home park owners to maintain mobile home park sites, mobile home 19 developments in [Urban Residential Mobile Home ("URM") and Urban Residential Mobile 20 Home Limited ("URM-L") Land Use Districts), and contiguous parcels under common 21 ownership containing mobile homes where any of the foregoing is presently serving as a 22 primary source of affordable housing in Monroe County (any of the foregoing being an 23 "eligible sender site") by providing an alternative development strategy to straightforward 24 market -rate redevelopment. This program is intended to allow the transfer of market rate 25 ROGO exemptions associated with lawfully established dwelling units now existing at an 26 eligible sender site to be transferred to another site or sites in exchange for maintaining an 27 equal or greater number of deed -restricted affordable dwelling wets within Monroe County. 28 This program seeks to address the housing needs of the Florida Keys as a regional 29 obligation." 30 31 J. Monroe County Code Section 130-161.1(2)(bxi)(ii)(iii) requires approval of a development 32 agreement and a minor conditional use permit in order to transfer the market -rate TRE's 33 attributable to sites with more than ten (10) mobile homes. 34 35 K. Oceanside Property, 5950 and 5970 Peninsular Avenue, Stock Island, Florida is generally 36 described as follows: 37 38 1. Oceanside Investors owns that certain real property located at 5950 and 5970 Peninsular 39 Avenue, Stock Island, Florida ("Oceanside Property"). A copy of the Special Warranty 40 Deed evidencing Oceanside Investors' ownership is attached as Exhibit 1. Historically 41 and currently the Oceanside Property was and is being used for residential, commercial 42 retail and marina uses. 43 44 2. The Oceanside Property is legally described as Block 60, portions of Lots 1, 2 and 3, 45 Block 61, portions of Lots 1, 2 and 3, the portion of Maloney Avenue lying between 46 Blocks 60 and 61, McDonald's Plat, Plat Book 1, Page 55 also described as parcel of land Page 2 of 30 (November 27, 2013 version) Doc# 1962037 Bk# 2663 Pg# 1920 i in Sections 26, 34, 35 and 36, Township 37 South and Range 25 East. A complete legal 2 description is provided in Exhibit 2. 4 3. As of the date of this Agreement, the Oceanside Property is assessed by the Monroe 5 County Property Appraiser as real estate numbers 00127420.000000 and 6 00127420.000100. 7 8 4. The Oceanside Property currently has a Mixed Use ("MU") Land Use (Zoning) District 9 designation and a corresponding Mixed Use Commercial ("MC") Future Land Use Map 10 designation. A copy of the Land Use District Map and Future Land Use Map for the 11 Oceanside Property is attached as Exhibit 3. 12 13 5. The Oceanside Property currently has a Tier Overlay District designation of Tier III. 14 15 6. The Oceanside Property consists of 19.84 acres, including 11.18 acres of upland and 8.66 16 acres of submerged land. 17 18 7. Since September 15, 1986, marinas in the MU Land Use (Zoning) District require a 19 major conditional use permit. Since the Oceanside Property was lawfully developed with 20 a marina prior to September 15, 1986, the Oceanside Property is deemed to have a major 21 conditional use permit in accordance with Monroe County Code Section 101-4(c). 22 23 8. In 1996, the Oceanside Investors' predecessor in interest applied for a minor conditional 24 use permit for part of the Oceanside Property, 5970 Peninsular Avenue (real estate 25 #00127420.000100 only). The approval is memorialized. by Development Order #12-96, 26 approved by the Monroe County Director of Planning on July 23, 1996 and recorded in 27 the official records of Monroe County on September 6, 1996. The permit allowed for the 28 construction of a 9,600 square foot storage building and other associated accessory 29 improvements. A copy of Development Order # 12-96 is attached as Exhibit 4. 30 31 9. In 1997, the Oceanside Investors' predecessor in interest applied for an amendment to the 32 major conditional use permit for part of the current Oceanside Property, 5950 Peninsular 33 Avenue (real estate #00127420.000000 only). The approval is memorialized by Planning 34 Commission Resolution #P52-97, approved by the Monroe County Planning Commission 35 at a public hearing on July 10, 1997, signed by the Monroe County Planning Commission 36 Chair on August 18, 1999 and recorded in the official records of Monroe County on 37 August 24, 1999. The amendment allowed for the construction of twenty-two (22) 38 attached, market rate residential dwelling units; one (1) boat storage building; an addition 39 to an existing restaurant; and other associated accessory improvements. A copy of 40 Plannin Commission Resolution 052-97 is attached as Exhibit 5. 41 42 10. Following the issuance of Planning Commission Resolution #P52-97, Oceanside 43 Investors' predecessor in interest and subsequent owner Douglas Walker's successor in 44 interest, Kings Pointe Marina, LLC ("Kings Pointe', acquired the adjacent property, 45 5970 Peninsular Avenue. Page 3 of 30 (November 27, 2013 version) Doen 1962037 Bko 2663 Pga 1921 1 11. Following the issuance of Planning Commission Resolution #P52-97, the twenty-two 2 (22) attached, market rate residential dwelling units approved by Planning Commission 3 Resolution #P52-97 were constructed and sold under condominium ownership. As such 4 the residential dwelling units are not part of the Oceanside Property. 5 6 12. In 1999, Monroe County, the State of Florida Department of Community Affairs (now 7 Department of Economic Opportunity), Paradise Island Park, Inc. and Key West 8 Oceanside Marina entered into a development agreement allowing the transfer of 22 9 market -rate TRE's from Paradise Island Park to the Oceanside Property. The 10 development agreement was recorded in the official records of Monroe County on April 11 7, 2000 (Book #1627, Pages #444 through #468). 12 13 13. In 2007, the Oceanside Investors' predecessor in interest applied for an amendment to a 14 major conditional use permit for the Oceanside Property, 5950 and 5970 Peninsular 15 Avenue (real estate #00127420.000000 and real estate #00127420.000100, as well as 16 other property associated with a condominium development). The approval is 17 memorialized by Planning Commission Resolution #P21-07, approved by the Monroe 18 County Planning Commission at a public hearing on April 11, 2007, signed by the 19 Planning Commission Chair on May 9, 2007 and recorded in the official records of 20 Monroe County on July 13, 2007. The amendment allowed for the demolition of several 21 buildings and construction of thirty-two (32) attached, market -rate residential dwelling 22 units; two (2) boat barns; eight (8) wet slips; and other associated accessory 23 improvements. A copy of Planning Commission Resolution #P21-07 is attached as 24 Exhibit 6. Property25 26 14. The scope of work approved by Planning Commi sion Resolution #P21-07 was only 27 partially completed. As of the date of this Agreement, development on the Oceanside 28 •. of • (22) attached, market rate units (under 29 o • ownership); a 372 sq♦• i•• •30,090 square o• metal 30 building, 16,109 square foot metal building; a 2,214 square foot tackle shop; a 552 square 31 foot fuel building; a 784 s• r • Dock master office; square♦ ♦ athouse; 32 a 11 square foot1 .uare foot guard house; :.. . 22,000 square foot 33 boat barn (under condominium ownership). 34 35 15. Oceanside Investors owns and holds the rights associated with thirty-two (32) TRE's and 36 thirty-two (32) Transferable Development Rights ("TDRs") which have been assigned 37 identifier numbers A-0267 through A-0298 The TRE's and TDR's are recognized as 38 eligible to transfer by Development Order #02-07, issued to Overseas Redevelopment 39 Company ("ORC'�. The development order was signed by the Director of Planning and 40 Environmental Resources on April 18, 2007 and recorded in the official records of 41 Monroe County on June 8, 2007. A copy of Development Order #02-07 and proof of 42 Oceanside Investors' ownership of the 32 TDR's and 32 TRE's recognized by 43 Development Order #02-07 is attached as Exhibit 7. 44 45 16. Oceanside Investors has the right to transfer the 32 TDR's and 32 TRE's recognized by 46 Development Order #02-07 off -site to the Oceanside Property, pursuant to Development Page 4 of 30 (November 27, 2013 version) Doc# 1962037 8k# 2663 Pg# 1922 1 Order #02-07 and provided the provisions of the Monroe County Comprehensive Plan 2 and the Monroe County Code are met. 3 4 L. Summerland Palms, 24930 Overseas Highway, Summerland Key, Florida is generally 5 described as follows: 6 7 1. Summerland Palms Investors owns that certain real property located at 24930 Overseas 8 Highway, Summerland Key, Florida ("Summerland Palms Property"). A copy of the 9 Special Warranty Deed evidencing Summerland Palms investors' ownership is attached 10 as Exhibit 8. Historically and currently the Summerland Palms Property was and is used 11 as a mobile home park. 12 13 2. The Surnmerland Palms Property is legally described as Lot 55 and a portion of Lot 54, 14 Summerland Yacht Harbor, Plat :•rl 2, ' • . description is • e Exhibit +is - 16 17 3. As of the date of this Agreement, the Summerland Palms Property is assessed by the Monroe County•• •• numbers 00194741.000100, 19 00194741.000200, 1114 1i1 Lf 00194741-000400, 00194741.000500, 20 00194741.000600,11 • 11f 11' 01 • 11/:f,1 11 • 111't1 21 01 0100 11 '' y 11 %,1' 00194741.001200, 00194741.001300, 22 00194741,001400, 00194741.001500, 00194741.001600, 00194741-001700, 23 00194741.001800, 00194741.001900,00194741,002000,00194741.002100, and 24 00194741.002200. 25 Summerland Palms Property. has .:i Residential Mobile• me 27 C'URIWI Land Use (Zoning) District designation and a Residential High ("RIT� Future 28 Land Use Map designation. A copy of the Land Use District Map and Future Land Use 29 :• for the S ummerland Palms Property is attached as Exhibiti _t 31 5. The Surnmerland Palms Property currently has a Tier Overlay District designation of Tier 32 33 34 6. On November 7, 2013, the Monroe County Director of Planning and Environmental 35 Resources issued a Letter of Development Rights Determination stating that the 36 Surnmerland PalmsProperty is e'.•. • '.. • twenty-two Residential Rate of • : •. 37 Ordinance (' •'' • • • attachedExhibit 11. 38 Cudjoe Coco Palms, 21585 • r State '♦.•' 4A, Cudjoe• • 40 as • '! Claim41 42 1. Coco Palms Developers, LLC owns that certain real property located at 21585 Old State 43 Road 4A, Cudjoe Key, Florida C'Cudjoe Coco Palms Property). A copy of the Quit 44 Deed evidencing• • Palms Developers' Historically45 ..' currently the• •. Coco Palms Property was and is used as s mobile 46 home/recreation.home/recreational vehiclepark. Page 5 of 30 (November 27, 2013 version) Doc" 1962037 8k" 2663 P9" 1923 1 2 2. The Cudjoe Coco Palms Property is legally described as Lot 30 Sacarma, Plat Book 2, 3 Page 48. A complete legal description is provided in Exhibit 13. 4 5 3. As of the date of this Agreement, the Cudjoe Coco Palms Property is assessed by the 6 Monroe County Property Appraiser as real estate number 00174960.000000. 7 8 4. The Cudjoe Coco Palms Property currently has Urban Residential Mobile Home 9 (` "), Native Area ("NA') and Suburban Commercial ("SC') Land Use (Zoning) 10 District designations and Mixed Use Commercial ("MC'), Residential Conservation 11 ("RC") and Mixed Use Commercial ("MC") Future Land Use Map designations. A copy 12 of the Land Use District Map and Future Land Use Map for the Cudjoe Coco Palms 13 Property is attached as Exhibit 14. 14 15 5. The Cudjoe Coco Palms Property currently has a Tier Overlay District designation of 16 Tier III. 17 18 6. On November 26, 2013, the Monroe County Director of Planning and Environmental 19 Resources issued a Letter of Development Rights Determination stating that the Cudjoe 20 Coco Palms Property is entitled to seventeen (17) Residential Rate of Growth Ordinance 21 (ROGO) exemptions. The letter is attached as Exhibit 15. 22 23 N. Suncrest, 5176 Suncrest Road, Stock Island is generally described as follows: 24 25 1. Suncrest owns that certain real property located at 5176 Suncrest Road, Stock Island, 26 Florida ("Stock Island Suncrest Property"). A copy of the Warranty Deed evidencing 27 Suncrest's ownership is attached as Exhibit 16. Historically and currently the Stock 28 Island Suncrest Property was and is used as a mobile home park. 29 30 2. The Stock Island Suncrest Property is legally described as Lots 27 and 28 Sun Krest, Plat 31 Book 1, Page 107. A complete legal description is provided in Exhibit 17. 32 33 3. As of the date of this Agreement, the Stock Island Suncrest Property is assessed by the 34 Monroe County Property Appraiser as real estate number 00132680.0000000. 35 36 4. The Stock Island Suncrest Property currently has Mixed Use ("MU") and Native Area 37 ("NA'� Land Use (Zoning) District designations and Mixed Use Commercial ("MC") 38 and Residential Conservation ("RC') Future Land Use Map designations. A copy of the 39 Land Use District Map and Future Land Use Map for the Stock Island Suncrest Property 40 is attached as Exhibit 18. 41 42 5. The Stock Island Suncrest Property currently is divided with Tier Overlay District 43 designations of Tier III and Tier I. 44 45 6. On November 14, 2013, the Monroe County Director of Planning and Environmental 46 Resources issued a Letter of Development Rights Determination stating that the Stock Page 6 of 30 (November 27, 2013 version) 00CU 1962037 1 Island Suncrest Property is entitled to seven (7) Residential Rate of Growth Ordinance 2 (ROGO) exemptions. The letter is attached as Exhibit 19. 3 4 7. Singh Investors currently has a purchase and sale agreement with Suncrest to acquire the 5 Stock Island Suncrest Property ("Suncrest Purchase Agreement"). A copy of the redacted 6 Suncrest Purchase Agreement is attached as Exhibit 20. 7 8 U. PURPOSE 10 A. The overall purpose of this Agreement is to allow the Parties to implement the provisions of 11 Monroe County Code Section 130-161.1 as applied to the Properties in order to insure the 12 continued provision of needed affordable housing in the unincorporated Lower Keys. 13 14 B. The Agreement allows the redevelopment of property located at 5950 and 5970 Peninsular 15 Avenue, Stock Island, Florida, in compliance with all applicable provisions of Florida 16 Statutes, the Principles for Guiding Development in the Florida Keys Area of Critical State 17 Concern, the Monroe County Comprehensive Plan, the Master Plan for the Future 18 Development of Stock Island and Key Haven, and the Monroe County Code. 19 20 C. The Agreement allows the Parties to implement the provisions of Monroe County Code 21 Section 130-161.1 as applied to the Properties in order to supply needed affordable housing 22 in the unincorporated Lower Keys and to allow for a reasonable use of the Properties by 23 allowing the transfer of market -rate permanent residential TRE's lawfully associated with the 24 Sender Sites to the Receiver Site. 25 26 D. Summerland Palms and Singh Investors desire to transfer the THE rights ("Summerland 27 TRE's"), attributable to twenty-two (22) lawfully -established and recognized market -rate, 28 permanent residential dwelling units, from the Summerland Palms Property to the Oceanside 29 Property. Simultaneously therewith, Summerland Palms and Singh Investors agree to deed 30 restrict the twenty-two (22) residential dwelling units at the Summerland Palms Property and 31 to maintain those residential dwelling units as affordable housing pursuant to Monroe County 32 Code Section 130-161.1. 33 34 E. This Agreement will allow for a reasonable use of the Summerland Palms Property and 35 Oceanside Property by allowing the transfer of market rate TRE's to the eligible receiver site 36 of Oceanside Property, while assuring preservation on the Summerland Palms Property of an 37 equivalent number of residential dwelling units as affordable housing 38 39 F. Coco Palms Developers desire to transfer the THE rights ("Coco Palms TRE's"), attributable 40 to seventeen (17) lawfully -established and recognized market -rate, permanent residential 41 dwelling units from the Cudjoe Coco Palms Property to the Oceanside Property. 42 Simultaneously therewith, Coco Palms Developers agrees to deed restrict the seventeen (17) 43 residential dwelling units at the Cudjoe Coco Palms Property and to maintain those 44 residential dwelling units as affordable housing pursuant to Monroe County Code Section 45 130-161.1. 46 Page 7 of 30 (November 27, 2013 version) Doc# 1962037 ®k# 2663 P94 1925 1 G. This Agreement will allow for a reasonable use of the Cudjoe Coco Palms Property and 2 Oceanside Property by allowing the transfer of market -rate TRE's to the eligible receiver site 3 of Oceanside Property, while assuring preservation on the Cudjoe Coco Palms Property of an 4 equivalent number of residential dwelling units as affordable housing. 5 6 H. Suncrest and Singh Investors desire to transfer the THE rights ("Suncrest TRE's"), 7 attributable to seven (7) lawfully -established and recognized market -rate, permanent 8 residential dwelling units from the Stock Island Suncrest Property to the Oceanside Property. 9 Simultaneously therewith, Suncrest and Singh Investors agree to deed restrict the seven (7) 10 residential dwelling units at the Stock Island Suncrest Property and to maintain those 11 residential dwelling units as affordable housing pursuant to Monroe County Code Section 12 130-161.1. 13 14 1. This Agreement will allow for a reasonable use of the Stock Island Suncrest Property and 15 Oceanside Property by allowing the transfer of market -rate TRE's to the eligible receiver site 16 of Oceanside Property, while assuring preservation on the Stock Island Suncrest Property of 17 an equivalent number of residential dwelling units as affordable housing. 18 19 J. Summerland Palms, Coco Palms Developers, Singh Investors, Suncrest and Oceanside 20 Investors have authorized Barton W. Smith, Esq. to execute this Agreement on their behalf. 21 A copy of Summerland Palms, Singh Investors, Suncrest, and Oceanside Investors' agency 22 authorization is attached hereto at Exhibit 21. 23 24 M. AGREEMENT REQUEREMENTS 25 26 A. Recitals. The recitals explaining the intent and purpose of the project as set forth in the 27 preceding clauses are incorporated herein and form a material part of this Agreement. The 28 Parties recognize the binding effect of Florida Statutes Sections 163.3220-163.3243, as to the 29 form and content of this Agreement and in accordance therewith set forth and agree to the 30 following. 31 32 B. Legal Description and Ownership. The legal descriptions for the Properties subject to this 33 Agreement are set forth in Exhibits 2, 9, 13, and 17. 34 35 C. Duration of Agreement. This Agreement shall remain in effect for ten (10) years from the 36 "Effective Date" as defined herein, and may be extended by mutual consent of the Parties 37 and approval at a public hearing, in accordance with Section 163.3229, Florida Statutes. For 38 the duration of this Agreement, the Parties agree that any development shall comply with and 39 be controlled by this Agreement, the Monroe County Code, and the Monroe County 40 Comprehensive Plan governing the development of land in effect on the date of execution of 41 this Agreement, in accordance with Section 163.3220, Florida Statutes. 42 43 D. Permitted Uses. 44 45 1. Oceanside Property, 5950 and 5970 Peninsular Avenue, Stock Island: 46 Page 8 of 30 (November 27, 2013 version) I a. The Oceanside Pmperty currently has a MU Land Use (Zoning) District designation •' a corresponding• Use Map designation. 4 b. In accordance with this Agreement and with the MC Future Land Use Map category, 5 as set forth in Monroe County Comprehensive Plan Policy 101.4.5, the permitted uses 6 in the MC Future Land Use Map category include commercial retail; office; 7 commercial fishing; attached residential dwelling unit; hotels; marinas and accessory 8 uses. 9 10 c. In accordance with this Agreement and with the MU Land Use (Zoning) District, as 11 set forth in Monroe County Code Section 130-88, and in compliance with other 12 provisions of the Code, the permitted uses in the MU Land Use (Zoning) District 13 include commercial retail; office; commercial fishing; attached residential dwelling 14 unit; hotels; marinas and accessory uses. 15 16 d. In accordance with this Agreement and with the vacation rental provisions, as set 17 forth in Monroe County Code Section 134-1, vacation rentals may occur, and a 18 vacation rental permit is not required for a vacation rental of a dwelling unit located 19 within a controlled access, gated community with a homeowner's or property owner's 20 association that expressly regulates or manages vacation rental uses. 21 22 e. The redevelopment of the Oceanside Property includes the addition of up to seventy- 23 eight (78) new, market rate residential dwelling units, which may be used as vacation 24 rentals, up to five (5) new hotel rooms, a new restaurant, and other improvements 25 related to the existing marina and accessory development. Including the existing 26 twenty-two (22) condominium permanent residential units, the residential density 27 would not exceed one -hundred (100) permanent residential units and five (5) transient 28 units. Not including accessory structures related to the residential uses, the 29 nonresidential intensity shall not exceed 40,000 square feet. 30 31 f. The height of any new structure associated with the redevelopment of the Oceanside 32 Property shall not exceed 35 feet, according to the Monroe County Code in effect at 33 the time of the execution of this Agreement. 34 35 2. Summerland Palms Property, 24930 Overseas Highway, Summerland Key, Florida: 36 37 a. The Summerland Palms Property currently has an Urban Residential Mobile Home 38 ("URMI Land Use (Zoning) District designation and a Residential High ("RH I 39 Future Land Use Map designation. 40 41 b. In accordance with this Agreement and with the RH Future Land Use Map category, 42 as set forth in Monroe County Comprehensive Plan Policy 101.4.4, the permitted uses 43 in the RH Future Land Use Map category include mobile homes, detached residential 44 dwellings and accessory uses. Mobile homes and detached residential dwellings are 45 eligible to be deed -restricted as affordable housing. 46 Page 9 of 30 (November 27, 2013 version) Doe# 1962037 Bk# 2663 Pg# 1927 accordancer,is Agreement and with the URM Land ••District, 2 set forth in Monroe County Code Section 130-99, and in compliance with other provisions of d the r. • uses in the URMn, • • District 4 include mobile homes, detached residential dwellings and accessory uses. Mobile 5 homes and detached residential dwellings are eligible to be deed -restricted as affordable • ,, 8 d. The SummerIand Palms Property shall be developed with twenty-two (22) mobile 9 homes (or other allowed types of residential dwelling units). All twenty-two (22) 10 residential dwelling units shall be deed -restricted as affordable housing pursuant to 11 the Monroe County Code. 12 13 e. If any mobile home is replaced with a new mobile home or other type of permitted 14 residential dwelling unit, the height of any new structure shall not exceed 35 feet, 15 according to the Monroe County Code in effect at the time of the execution of this 16 Agreement. 17 18 3. Cudjoe Coco Palms Property, 21585 Old State Road 4A, Cudjoe Key, Florida: 19 20 a. The Cudjoe Coco Palms Property currently is divided with Urban Residential Mobile 21 Home ("URM"), Native Area ("NA'j and Suburban Commercial ("SC") Land Use 22 (Zoning) District designations and Mixed Use Commercial ("MC"), Residential 23 Conservation ("RC") and Residential High Future Land Use Map designations. 24 25 b. In accordance with this Agreement and with the RH Future Land Use Map category, 26 as set forth in Monroe County Comprehensive Plan Policy 101.4.4, the permitted uses 27 in the RH Future Land Use Map category include mobile homes, detached residential 28 dwellings and accessory uses. Mobile homes and detached residential dwellings are 29 eligible to be deed -restricted as affordable housing. 30 31 c. In accordance with this Agreement and with the URM Land Use (Zoning) District, as 32 set forth in Monroe County Code Section 130-99, and in compliance with other 33 provisions of the Code, the permitted uses in the URM Land Use (Zoning) District 34 include mobile homes, detached residential dwellings and accessory uses. Mobile 35 homes and detached residential dwellings are eligible to be deed -restricted as 36 affordable housing. 37 38 d. In accordance with this Agreement and with the RC Future Land Use Map category, 39 as set forth in Monroe County Comprehensive Plan Policy 101.4.1, the permitted uses 40 in the RC Future Land Use Map category include detached residential dwellings and 41 accessory uses. Detached residential dwellings are eligible to be deed -restricted as 42 affordable housing. 43 44 e. In accordance with this Agreement and with the NA Land Use (Zoning) District, as 45 set forth in Monroe County Code Section 130-89, and in compliance with other 46 provisions of the Code, the permitted uses in the NA Land Use (Zoning) District Page 10 of 30 (November 27, 2013 version) I include detached residential dwellings and accessory uses. Detached residential 2 dwellings are eligible to be deed -restricted as affordable housing. 3 4 f. In accordance with this Agreement and with the MC Future Land Use Map category, 5 as set forth in Monroe County Comprehensive Plan Policy 101.4.5, the permitted uses 6 in the MC Future Land Use Map category include detached and attached residential 7 dwellings and accessory uses. Attached and detached residential dwellings are 8 eligible to be deed -restricted as affordable housing. 9 10 g. In accordance with this Agreement and with the SC Land Use (Zoning) District, as 11 set forth in Monroe County Code Section 130-93, and in compliance with other 12 provisions of the Code, the permitted uses in the SC Land Use (Zoning) District 13 include detached and attached residential dwellings in the form of employee housing 14 and commercial apartments and accessory uses. Attached and detached residential 15 dwellings are eligible to be deed -restricted as employee/affordable housing or 16 commercial apartment/affordable housing. 17 18 h. The Cudjoe Coco Palms Property shall be developed with seventeen (17) mobile 19 homes (or other allowed types of residential dwelling units). All seventeen (17) 20 residential dwelling units shall be deed -restricted as affordable housing pursuant to 21 the Monroe County Code. 22 23 i. If any mobile home is replaced with a new mobile home or other type of permitted 24 residential dwelling unit, the height of any new structure shall not exceed 35 feet, 25 according to the Monroe County Code in effect at the time of the execution of this 26 Agreement. 27 28 4. Stock Island Suncrest Property, 5176 Suncrest Road, Stock Island: 29 30 a. The Stock Island Suncrest Property currently is divided with Mixed Use ("MU") and 31 Native Area ("NA") Land Use (Zoning) District designations and Mixed Use 32 Commercial CWC') and Residential Conservation C RC'j Future Land Use Map 33 designations. 34 35 b. In accordance with this Agreement and with the MC Future Land Use Map category, 36 as set forth in Monroe County Comprehensive Plan Policy 101.4.5, the permitted uses 37 in the MC Future Land Use Map category include detached and attached residential 38 dwellings and accessory uses. Attached and detached residential dwellings are 39 eligible to be deed -restricted as affordable housing. 40 41 c. In accordance with this Agreement and with the MU Land Use (Zoning) District, as 42 set forth in Monroe County Code Section 130-88, and in compliance with other 43 provisions of the Code, the permitted uses in the MU Land Use (Zoning) District 44 include detached and attached residential dwellings and accessory uses. Attached and 45 detached residential dwellings are eligible to be deed -restricted as affordable housing. 46 Page 11 of 30 (November 27, 2013 version) DOaa 1962037 Bkq 2663 Pgp 1929 1 d. In accordance with this Agreement and with the RC Future Land Use Map category, 2 as set forth in Monroe County Comprehensive Plan Policy 101.4.1, the permitted uses 3 in the RC Future Land Use Map category include detached residential dwellings and 4 accessory uses. Detached residential dwellings are eligible to be deed -restricted as 5 affordable housing. 6 7 e. In accordance with this Agreement and with the NA Land Use (Zoning) District, as 8 set forth in Monroe County Code Section 130-89, and in compliance with other 9 provisions of the Code, the permitted uses in the URM Land Use (Zoning) District 10 include detached residential dwellings and accessory uses. Detached residential 11 dwellings are eligible to be deed -restricted as affordable housing. 12 13 f The Cudjoe Coco Palms Property shall be developed with seven (7) mobile homes (or 14 other allowed types of residential dwelling units). All seven (7) residential dwelling 15 units shall be deed -restricted as affordable housing pursuant to the Monroe County 16 Code. 17 18 g. If any mobile home is replaced with a new residential dwelling unit, the height of any 19 new structure shall not exceed 35 feet, according to the Monroe County Code in 20 effect at the time of the execution of this Agreement. 21 22 E. Public Facilities. At the sender sites, Summerland Palms, Cudjoe Coco Palms and Stock 23 Island Suncrest, there are no impacts on public facilities since the number of residential 24 dwelling units is derived from pre-existing, lawfully -established mobile homes and the 25 number of residential dwelling units shall not be increased by approval and application of 26 this Agreement. Moreover, at the receiver site, Oceanside, the impact on public facilities is 27 nominal. The numbers of existing residential dwelling units at two of the sender sites, 28 Summerland Palms and Cudjoe Coco Palms, were recognized in the planning for the sewage 29 treatment plant serving the Cudjoe Regional Sewer system. The number of existing 30 residential dwelling units at the other sender site, Stock Island Suncrest, and the receiver site, 31 Oceanside, were recognized in the planning of the sewage treatment plant serving Stock 32 Island. The number of residential dwelling units at the receiver site on Stock Island was 33 accounted for as existing in the data base prepared for the Monroe County 2010 34 Comprehensive Plan. 35 36 1. The Florida Keys Aqueduct Authority provides domestic potable water to each Property. 37 Excluding existing development that may already be metered, the Florida Keys Aqueduct 38 Authority will individually meter each new or replaced residential dwelling unit. In 39 addition, excluding existing development that may already be metered, the Florida Keys 40 Aqueduct Authority will meter other types of development accordingly. 41 42 2. Keys Energy Services provides electric service to each Property. Excluding existing 43 development that may already be metered, Keys Energy Services will individually meter 44 new or replaced residential dwelling units. In addition, excluding existing development 45 that may already be metered, Keys Energy Services will meter other types of 46 development accordingly. Page 12 of 30 (November 27, 2013 version) DacN 1962037 Bk# 2663 Pgq 1930 1 2 3. Solid waste service is provided to each property by a solid waste collection system 3 franchised by Monroe County. 4 5 4. The Oceanside Property and Stock Island Suncrest Property are connected to central 6 sewer via KW Resort Utilities Corp.'s system. The Summerland Palms Property and 7 Cudjoe Coco Palms Property currently utilize on -site systems. The Summerland Palms 8 Property and Cudjoe Coco Palms Property are scheduled to be connected to the Cudjoe 9 Regional Sewer System. 10 11 F. Reservation or Dedication of Land. There is no reservation or dedication of land for public 12 purposes contemplated by this Agreement. 13 14 G. Development Allowed. The following specific criteria are those which will guide 15 development of the Properties, and are standards by which any finther approvals shall be 16 measured and shall be as follows: 17 18 a. The Oceanside Property consists of 19.84 gross acres consisting of 11.18 acres of 19 upland and 7.66 acres of submerged land. There currently exist twenty-two (22) 20 market -rate residential dwelling units, in the form of condominium units on the 21 property. 22 23 b. Oceanside Investors is permitted to transfer -two (32) market -rate TRE's along 24 with thirty-two (32) TDR's to the Oceanside Property pursuant to the Development 25 Order #02-07. 26 27 c. After an equivalent number of deed -restricted affordable housing units are established 28 on the Summerland Palms Property, Summerland Investors is permitted to transfer 29 market -rate TRE's associated with lawfully established mobile homes from the 30 Summerland Palms Property sender site to the Oceanside Property receiver site 31 pursuant to Monroe County Code Section 130-161.1. 32 33 d. After an equivalent number of deed -restricted affordable housing units are established 34 on the Cudjoe Coco Palms Property, Singh Investors is permitted to transfer the 35 market -rate TRE's associated with lawfully established mobile homes from the 36 Cudjoe Coco Palms Property sender site to the Oceanside Property receiver site 37 pursuant to Monroe County Code Section 130-161.1. 38 39 e. After an equivalent number of deed -restricted affordable housing units are established 40 on the Stock Island Suncrest Property, Suncrest is permitted to transfer the market 41 rate TRE's associated with lawfaily established mobile homes from the Stock Island 42 Suncrest Property sender site to the Oceanside Property receiver site pursuant to 43 Monroe County Code Section 130-161.1. 44 45 f. Provided such development can be designed and approved by all applicable codes, 46 including but not limited to the Monroe County Code and Florida Building Code, Page 13 of30 (November 27, 2013 version) Doc" 1962037 Bk" 2663 P9" 1931 1 Oceanside Investors is permitted to develop the following buildings, facilities and 2 structures on the Oceanside Property pursuant to this Agreement: 3 4 i. In addition to the already existing twenty-two (22) attached, market -rate 5 residential dwelling units, up to seventy-eight (78) new attached, market -rate 6 residential dwelling units, each of which may be configured to include a 7 separately rentable "lockout" consisting of no more than one (1) bedroom and one 8 (1) bathroom, all of which may be used for vacation rental use, provided 9 Oceanside Investors constructs and 1) installs and maintains a gated entrance and 10 2) establishes a homeowner's or property owner's association that expressly 11 regulates or manages vacation rental uses. 12 13 ii. A hotel with up to five (5) new hotel rooms. 14 15 iii Eight (8) existing wet slips that have existed for over 40 years but have not been 16 properly permitted. Twenty percent (20%) of Oceanside investors' total wet slips 17 shall be restricted to use by licensed commercial fishing vessels. 18 19 iv. A restaurant with up to 150 seats and up to 3,859 square feet of floor area. 20 21 v. Additional amenities ancillary and accessory to the vacation rental and hotel use, 22 including a lobby, gatehouse, offices, fitness center, bath house, maintenance, 23 housekeeping and watersports consisting of up to 9,352 square feet as depicted on 24 plans submitted with this Agreement. 25 26 vi. A marina store, dock master, and watersport offices consisting of up to 1,973 27 square feet as depicted on plans submitted with this Agreement. 28 29 vii. Parking areas and landscaping 30 31 viii. Public access is permitted to the Oceanside Property from 7:00 a.m. until dusk. 32 33 ix. A copy of the preliminary Design Data, Parking Calculations and 34 Density/Intensity Table is attached as Exhibit 22. 35 36 H. Vacation Rental Use. 37 38 a. Vacation Rental use of each of Oceanside Property's seventy-eight (78) new attached 39 market rate dwelling units, and of each dwelling unit's lockout, shall be allowed, 40 provided that the Oceanside Property is operated as a gated community with an 41 entrance gate and fence surrounding the property and establishes a homeowner's or 42 property owner's association that expressly regulates or manages vacation rental uses. 43 Pursuant to Monroe County Code Section 101-1 "Definitions" a vacation rental unit 44 is defined as "an attached or detached dwelling unit that is rented, leased or assigned 45 for tenancies of less than 28 days duration." 46 Page 14 of 30 (November 27, 2013 version) Docq 1962037 Bk# 2663 P9N 1932 1 b. Pursuant to Monroe County Code Section 134-1(b), Oceanside Investors, its 2 successors and/or assigns shall not be responsible for obtaining "an annual special 3 vacation rental permit for each dwelling unit prior to renting any dwelling unit as a 4 vacation rental, as defined in section 101-1" so long as the Oceanside Property has 5 controlled access, within a gated community with a property owner's association that 6 expressly regulates or manages vacation rental uses. 7 8 1. Rental License. Monroe County Code Section 23-85 requires each person engaged in the 9 business of renting accommodations, including vacation rentals and other public lodgings 10 licensed pursuant to Chapter 509, Florida Statutes, to pay a business tax and to obtain 11 annually a business tax receipt for each place of business at which the rental occurs. Each of 12 the new seventy-eight (78) residential dwelling units and each of the lockouts within such 13 units engaged in Vacation Rental use shall be deemed a "place of business" subject to 14 taxation under Section 23-85. Oceanside Investors, its successors and assigns, so Iong as all 15 or a portion of the property is used for vacation rentals, shall pay the business tax imposed 16 pursuant to Monroe County Code Section 23-85 for each vacadon rental unit and for each 17 lockout utilized for or held out as public lodging, in addition to the five (5) hotel rooms. 18 Pursuant to this Agreement, Oceanside Investors will be required to obtain a total of one 19 hundred sixty-one (161) business tax receipts, consisting of one receipt for each dwelling 20 unit, one receipt for each lockout, and one receipt for each hotel room and shall pay the 21 business tax for each unit, lockout, and hotel room being utilized in the business of Vacation 22 Rental annually. The tax collector may not accept the tax or issue receipts for the business 23 tax unless the vacation rentals are licensed pursuant to Ch. 509, Florida Statutes. 24 Deed Restrictions 1 e ". for 1 r 1..;,. 1 Housing. 1"'Summerland Palms Property •.1 26 twenty-two (22) parcels of record, with the mobile home spacestparcels depicted in a surve, 28 Palms Property consists of one (1) parcel of record, with the mobile home spaces depicteAd 29 the survey dated September 10, 2013. The Stock Island Suncrest Property consists of one 30 parcel of record, with the mobile home spaces depicted in the survey dated September 31 27 of the Surnmerland Palms Condo Association, Inc. dated August 22, 2007. The Cudjoe Coc 32 33 a. The Surnmerland Palms Property shall, have a single 99-year deed -restriction for 34 twenty-two (22) affordable housing units and shall be recorded on all land described 35 in I. Recitals, L. andlegallydescribedin Exhibitt ofthisAgreement Recitals,36 b. The Cudjoe Coco Palms Property shall have a single 99-year deed -restriction for 37 seventeen (17) affordable housing units and shall be recorded on all land described in 38 1. Recitals, M. and legally described in Exhibit 13 of this Agreement. 39 c. 1he Stock Island Suncrest Property shall have a single 99-year deed -restriction for 40 seven (7) affordable housing units and shall be recorded on all land described in 1. 41 42 Affordability Compliance. 44 a. Affordable housing definitions. Page 15 of 30 (November 27, 2013 version) Bk# 26632 ps 1933 1 i. Affordable housing means residential dwelling units that meet the following 2 requirements: 3 4 a. Meet all applicable requirements of the United States Department of Housing 5 and Urban Development minimum property standards as to room sizes, 6 fixtures, landscaping and building materials, when not in conflict with 7 applicable laws of the county; and 8 9 b. A dwelling unit whose monthly rent, not including utilities, does not exceed 10 30 percent of that amount which represents either 50 percent (very low 11 income) or 80 percent (low income) or 100 percent (median income) or 120 12 percent (moderate income) of the monthly median adjusted household income 13 for the county. 14 15 ii. Affordable housing owner occupied low income, means a dwelling unit occupied 16 only by a household whose total household income does not exceed 80 percent of 17 the median monthly household income for the county. 18 19 iii. Affordable housing owner occupied, median income, means a dwelling unit 20 occupied only by a household whose total household income does not exceed 100 21 percent of the median monthly household income for the county. 22 23 iv. Affordable housing owner occupied, moderate income, means a dwelling unit 24 occupied only by a household whose total household income does not exceed 160 25 percent of the median monthly household income for the county. 26 27 ****** 28 29 vii. Affordable rental housing low income, means a dwelling unit whose monthly 30 rent, not including utilities, does not exceed 30 percent of the amount that 31 represents 80 percent of the monthly median adjusted household income for the 32 county. 33 34 viii. Affordable rental housing, median income, means a dwelling unit whose monthly 35 rent, not including utilities, does not exceed 30 percent of the amount that 36 represents 100 percent of the monthly adjusted median household income for the 37 county. 38 39 ix. Affordable rental housing, moderate income, means a dwelling unit whose 40 monthly rent, not including utilities, does not exceed 30 percent of the amount Page 16 of 30 (November 27, 2013 version) Doc# 1962037 UK 2663 P90 1934 1 that represents 120 percent of the monthly median adjusted household income for 2 the county. 3 4 *w*«* 5 6 xiv. Median income, rental rates and qualifying incomes table, means eligibility 7 requirements compiled each year by the planning department based upon the 8 median annual household income published for the county on an annual basis by 9 the U.S. Department of Housing and Urban Development and similar information 10 for median and moderate income levels from the Florida Housing Finance 11 Corporation. Affordable housing eligibility requirements for each household will 12 be based upon median annual household income adjusted by family size, as set 13 forth by the U.S. Department of Housing and Urban Development and the Florida 14 Housing Finance Corporation. The county shall rely upon this information to i5 determine maximum rental rates and maximum household incomes eligible for 16 affordable housing rental or purchase. 17 i8 xv. Monthly median household income means the median annual household income 19 for the county divided by 12. 20 21 b. Requirements 22 23 i Tourist housing use or vacation rental use of affordable or employee housing units 24 is prohibited. 25 26 ii. The parcel of land proposed for development of affordable or employee housing 27 shall only be located within a tier III designated area or, within a tier III -A 28 (special protection area) designated area that does not propose the clearing of any 29 portion of an upland native habitat patch of one acre or greater in area. 30 31 iii. A unit within a class of affordable housing eligibility may only be sold to a 32 household within that same class, i.e., a median income household that purchased 33 a home within this category must sell the home to a qualifying household within 34 the median income category. 35 36 iv. During occupancy of any affordable housing rental unit, not otherwise limited by 37 state or federal statute or rile concerning household income, a households annual 38 income may increase to an amount not to exceed 140 percent of the median 39 household income for the county. If the income of the lessee exceeds this amount, 40 the tenant's occupancy shall terminate at the end of the existing lease term. The 41 maximum lease for any term shall be three years or 36 months. 42 43 v. Pursuant to Monroe County Code Section 130-161(a)(6)i.,when establishing a 44 rental and sales amount, Monroe County shall assume family size as indicated in Page 17 of 30 (November 27, 2013 version) Doo" 1962037 Bk4 2663 pg8 1935 1 the table below. This section shall not be used to establish the maximum number 2 of individuals who actually live in the unit. This table shall be used in conjunction 3 with the eligibility requirements created by Monroe County Code Section 101-1: 4 Assumed Family Size Minimum Occupancy Efficiencyr; © ■ • r r r r r r r bedrooms c r♦ r sr 6 vL Except for tenants of employer -owned rental housing, as set forth in Monroe 7 County Code Section 130-161 (a)(6)k., the income of eligible households shall be 8 determined by counting only the first and highest paid 40 hours of employment 9 per week of each unrelated adult. For a household containing adults related by 10 marriage or a domestic partnership registered with the county, only the highest 60 11 hours of the combined employment hours shall be counted, which shall be 12 considered to be 75 percent of the adjusted gross income. The income of 13 dependents regardless of age shall not be counted in calculating a household's 14 income. 15 16 vii. In the special case of employer -owned rental housing, as defined in Monroe 17 County Code Section 101-1, employees shall be eligible as tenants of the 18 affordable rental housing, if the income of each tenant, as determined following 19 the requirements in Monroe County Code Section 130-161 (a)(6)j., is not more 20 than the 80 percent of the median income adjusted gross income for households 21 within the county. The tenants of this affordable employee housing shall be 22 required to derive at least 70 percent of their income from within the county. The 23 maximum occupancy of employer -owned rental housing for employees shall be 24 no more than two tenants per bedroom; with a maximum of three bedrooms per 25 unit. The total monthly lease charged tenants for each dwelling unit shall not 26 exceed 30 percent of the median adjusted gross annual income for households 27 within the county, divided by 12. 28 29 c. At Monroe County's request, Coco Palms Developers, Singh Investors, Suncrest and 30 Summerland Palms, their successors and/or assigns shall provide Monroe County 31 with an annual report demonstrating compliance with the eligibility requirements of 32 Monroe County Code Section 130-161. 33 34 L. Development and Affordable Dousing Standards. The development standards shall be 35 determined by the application of the standards contained in the Monroe County 36 Comprehensive Plan and the Monroe County Code and by the granting of the minor Page 18 of 30 (November 27, 2013 version) Doca 1962037 Bkp 2663 P9U 1936 1 conditional use permits for the transfer of TRE's to and from the Properties as required by 2 Monroe County Code Section 130-161.1. Further, the following specific standards shall 3 apply to the development or deed restriction of the affordable housing units and to the units 4 enabled by the transfer of the permanent, market -rate TRE's. 5 6 a. Market -rate ROGO exemptions for transfer offsite shall be awarded upon recording 7 the corresponding number of deed restrictions for deed -restricted affordable units or 8 parcels. 9 10 b. Neither tourist housing use nor vacation rental use of the affordable housing units 11 established on the Summerland Palms Property, Cudjoe Coco Palms Property or 12 Stock Island Suncrest Property, or any other affordable housing resulting from this 13 Agreement shall be allowed. 14 15 c. All affordable housing units maintained at the sender site sites under this Agreement 16 and the Monroe County Affordable housing incentive program shall comply with the 17 following affordability criteria: 18 19 i. Lot Rents shall be a sum combination of rent assessed by the property owner to 20 the mobile home owner or tenant, the mortgage for the mobile home owner, if 21 applicable; and monthly homeowner fees charged by the property owner, 22 condominium association, or homeowner association, if applicable. Lot rents for 23 tenant owned dwelling units shall be guided by a ratio of mortgage payment to lot 24 rent, with the combined total not exceeding the maximum thresholds stipulated in 25 the Monroe County Code. 26 27 For example: A 4-person household in a low income bracket renting a 3-bedroom 28 affordable housing unit, under Monroe County Code, can be charged $1,734 per 29 month. Assuming the same 4-person household owned their mobile home with a 30 mortgage payment of $513 and a monthly homeowner's association fee of $100, 31 the resulting lot rent could then be no more than $1,121 per month, and thus the 32 total monthly housing payment would not exceed the allowed $1,734 per month 33 (based on 2013 median income). 34 35 ii. Rents and/or sales prices for resulting deed -restricted affordable housing dwelling 36 units shall be established in accordance with the affordability criteria defined by 37 Monroe County Code. 38 39 iii. At the time of sale of an owner -occupied affordable housing dwelling unit or lot, 40 the total income of the household, eligible to purchase, shall not exceed the same 41 income limits of the category in which the affordable ROGO allocation was 42 originally awarded. The unit and lot rents, at the time of sale, may be adjusted, up 43 or down, to maintain compliance with the Monroe County Code in the manner 44 described above. 45 Page 19 of30 (November 27, 2013 version) Doc# 1962037 8k# 2663 P9# 1937 1 iv. At the time of a new rental for affordable housing dwelling unit, the total income 2 of households eligible to rent shall not exceed the same income limits of the 3 category in which the affordable ROGO allocation was originally awarded. 4 5 d. Monroe County Code Section 130-161.1(c) provides the following requirements for 6 this Agreement: 7 8 i. ROGO exemptions transferred under this program may be transferred on a 1 for 1 9 basis where the ROGO exemptions are to be transferred to single-family 10 residential lots or parcels within the same ROGO planning subarea However, 11 where transfers are to be made to commercial or recreational working waterfronts 12 (as defined by Florida Statutes), or to multi -family projects in non -IS districts, the 13 transfers shall result in no fewer than two deed -restricted affordable or workforce 14 housing units remaining on an eligible sender site(s) for each market rate ROGO 15 exemption transferred. Monroe County Section 130-161.1(c)(ixl) expresses the 16 county°s preference for transfer of ROGO exemptions to single-family 17 lots/parcels. 18 19 ii. The eligible sender site property(ies) shall be donated or sold to Monroe County, 20 or otherwise appropriately deed -restricted for long-term affordability. Prior to 21 acceptance of a donated or purchased parcel, all units to be maintained on site 22 shall pass a life safety inspection conducted in a manner prescribed by the 23 Monroe County Building Department. Monroe County may then lease the sender 24 site property to a party who will serve as lessee and sub -lessor of the eligible 25 sender site(s). 26 27 iii The number of transferred ROGO exemptions shall not exceed the number of 28 restricted affordable housing dwelling units maintained at the eligible sender sites. 29 30 iv. The resulting development or redevelopment of affordable housing pursuant to 31 the governing development agreement will be targeted to serve as closely as 32 possible the following household income categories: 25 percent very low income 33 households, 25 percent low income households, 25 percent median income 34 households, and 25 percent moderate income households (or as otherwise 35 approved by the Board of County Commissioners). 36 37 Notwithstanding the preceding sentence, Summerland Palms Investors, Coco 38 Palms Developers, Suncrest, and Singh Investors, subject to each current tenant's 39 discretion, agree to enter into leases with all current tenants occupying the 40 dwelling units to be deed restricted by this Agreement for up to seven (7) years at 41 the current tenant rent rates for each affordable unit (current being at the time this 42 Agreement is executed), subject to reasonable lease terms in accordance with the 43 provisions of the Landlord — Tenant Act, Chapter 83, Florida Statutes, which rent 44 rate shall not be increased by more than the Consumer Price Index for all US 45 Cities January for seven (7) years. In order to maintain compliance with Monroe 46 County Code Section 130-161(a)(6)g, which limits the maximum lease for any Page 20 of 30 (November 27, 2013 version) i term to three (3) years, Summerland Palms Investors, Coco Palms Developers, 2 Suncrest, and Singh Investors agree to provide initial leases for durations of three 3 (3) years. Upon expiration of the initial leases (three (3) years after the 4 commencement of the initial Ieases), if the occupants requalify for affordable 5 housing occupancy, their leases shall be renewed for an additional three (3) years 6 at the same rent rates. Upon expiration of the renewal leases (six (6) years after 7 the commencement of the initial leases), if the occupants requalify for the 8 affordable housing occupancy, their leases shall be renewed for an additional one 9 (1) to three (3) years at the same rent rates. 10 11 v. Lot rents and/or sales prices for resulting deed -restricted dwelling units shall be 12 established in accordance with restrictions outlined in Florida Statutes and/or the 13 Monroe County Code. 14 15 vi. All units designated by the applicable development agreement to remain as deed 16 restricted affordable housing at the donated, purchased or appropriately deed- 17 restricted site(s) shall comply with hurricane standards established by the Florida 18 Building Code and habitability standards established under the Florida Landlord 19 and Tenant Act. Compliance shall be accomplished in a manner and within a 20 timeframe set forth in the development agreement or, if applicable, in the relevant 21 minor conditional use. 22 23 In addition, all affordable housing dwelling units shall comply with the Fire Code 24 in regard to placement. 25 26 vii. A development agreement proposed under this program shall not utilize more 27 than 50 percent of the existing affordable housing allocations then available to 28 Monroe County, unless otherwise approved by the Board of County 29 Commissioners. 30 31 viii. All of the redeveloped or preserved affordable housing units, whether 32 redeveloped or retained at the original sender site(s), or at alternate or additional 33 locations, shall remain in the same planning sub -district as the original sender 34 site(s). 35 36 ix. The receiver site shall be located in a Tier III designated area. 37 38 x. The receiver site shall not be located in a velocity (V) zone. 39 40 xi. A property owner cannot receive a certificate of occupancy for any unit 41 constructed as a result of a transferred ROGO exemption until all corresponding 42 eligible sender site units are completed and deed -restricted as affordable dwelling 43 units. 44 45 xii. All or any portion of the redeveloped or preserved affordable housing units may 46 be redeveloped or retained at one or more alternate or additional locations donated Page 21 of 30 (November 27, 2013 version) Doc# 1962037 Bk# 2663 P9# 1939 i or sold to Monroe County, identified in the Development Agreement and 2 otherwise compliant with the remainder of this section, including but not limited 3 to the requirements set forth in Monroe County Code Section 130-161.1 4 (2)(c)(i)(2). 5 6 xiii. Transferred ROGO exemptions shall remain in the same ROGO planning 7 subarea. 8 9 e. For Monroe County to monitor receipt of the affordable housing ROGO allocations, 10 the Parties agree the Board of County Commissioners may approve the allocation 11 reservation by resolution concurrent with this development agreement. The resolution 12 and any other resolutions concerning ROGO reservations shall be the controlling 13 documents concerning the allocation reservations and supersede any provisions of 14 this .Agreement. It is intended that the initial Resolution be consistent with Monroe 15 County Code Section 138-24(b)(4) as follows: 16 17 i. By a corresponding resolution, the Board of County Commissioners reserves 18 forty-six (46) allocations, comprised of twenty-three (23) moderate income 19 affordable ROGO allocations, twelve (12) median income affordable ROGO 20 allocations, and eleven (11) low income affordable ROGO allocations, for award 21 to the above mentioned mobile home parks until five (5) years from the effective 22 date of this agreement. 23 24 a. Suncrest shall be allocated three (3) low income and four (4) moderate 25 income affordable ROGO allocations. 26 b. Summerland Palms shall be allocated seven (7) low income, ten (10) 27 median income and five (5) moderate affordable ROGO allocations. 28 c. Coco Palms Developers shall be allocated one (1) low income, two (2) 29 median income and fourteen (14) moderate income ROGO allocations. 30 31 ii. The Board of County Commissioners may, at its discretion, place conditions on 32 any reservation as it deems appropriate. 33 34 f Prior to the transfer of a THE associated with a mobile home that is no longer in 35 existence, an unlawful recreational vehicle or an unsafe mobile home that cannot be 36 improved to meet the habitability standards, the applicant shall construct an 37 affordable housing unit that complies with Monroe County Code and habitability 38 standards. 39 40 g. Pursuant to Monroe County Code Section 130-161(f)(8), upon written agreement 41 between the Monroe County Planning Director and an eligible governmental or 42 nongovernmental entity, the Planning Director may authorize that entity to administer 43 the eligibility and compliance requirements for the Monroe County Planning 44 Department under Monroe County Code Section 130-161(f)(3), (f)(4), (f)(5) and 45 (f)(6). Under such an agreement, the eligible entity is authorized to qualify a potential 46 owner -occupier or renter of affordable, employee, or market rate housing developed Page 22 of 30 (November 27, 2013 version) Doc# 1962037 Bk# 2663 Pgp 1940 1 as part of an employee or affordable housing project, and annually verify the 2 employment and/or income eligibility of tenants pursuant to Section 130-161(f)(2). 3 The entity shall still be required to provide the Monroe County Planning Department, 4 by January 1 of each year, a written certification verifying that tenants of each 5 affordable, employee, or market rate units meet the applicable employment and 6 income requirements of Section 130-161(f)(2). The following governmental and 7 nongovernmental entities shall be eligible for this delegation of authority: a) the 8 county housing authority, not -for -profit community development organizations, 9 pursuant to Section 130-161(e), and other public entities established to provide 10 affordable housing; b) private developers or other nongovernmental organizations 11 participating in a federal/state housing financial assistance or tax credit program or 12 receiving some form of direct financial assistance from Monroe County; or c) 13 nongovernmental organizations approved by the Board of County Commissioners as 14 affordable housing providers. 15 16 Pursuant to this Agreement, the Board of County Commissioners has approved the 17 Parties of this Agreement (other than Monroe County), which are nongovernmental 18 organizations, as an affordable housing provider. Any qualifier chosen by the Parties 19 (other than Monroe County) shall be approved by the Planning Director in accordance 20 with Section 130-161(f)(8). 21 22 M. Site Plan Approval: Monroe County does hereby accept the conceptual site plan of the 23 Oceanside Property. The conceptual site plan is attached as Exhibit 23. The development 24 shall be consistent with all applicable codes, including but not limited to the Monroe County 25 Comprehensive Plan and Monroe County Code. Following a review of compliance with such 26 codes, the final site plan must be approved by the Monroe County Planning Commission as 27 an amendment to the Property's major conditional use permit. The PWuiing Commission has 28 final authority over development approval and the site plan which may be amended by the 29 Plannin Commission. 30 31 N. Military Installation Area of Impact. Oceanside Investors acknowledges and understands 32 the Oceanside Property is within the Military Installation Area of Impact Overlay as defined 33 by the Monroe County Comprehensive Plan. The Oceanside Property is located in the 65 — 34 69 DNL (Day -Night Average Sound Level) noise contour pursuant to the 2013 Navy 35 Environmental Impact Statement. Oceanside Investors agrees to: 36 37 1. Sound attenuate all habitable buildings to achieve an outdoor to indoor Noise Level 38 Reduction (NLR) of at least 25 decibels; and 39 40 2. In any deed conveying a residential unit at the Oceanside Property, Oceanside Investors 41 shall include language in the conveying instrument stating as follows: 42 "The property is located within the Military Installation Area of Impact Overlay 43 and is subject to high noise levels due to Navy operations nearby." 44 Page 23 of 30 (November 27, 2013 version) Doca 1962037 Bkq 2663 Pgq 1941 1 O. Finding of Consistency. By entering into this Agreement, Monroe County finds that the 2 development permitted or proposed herein is consistent with the Monroe County 3 Comprehensive Plan and Monroe County Code. 4 5 P. Breach, Amendment, Enforcement, and Termination, 6 7 a. Material Breach: A material breach by the Parties is the failure of any Party to 8 comply with the terms of this Agreement after Notice as provided herein. 9 10 b. Notice: Upon any Party's material breach of the terms and conditions of this 11 Agreement, the non -breaching Party shall serve written Notice of the breach upon the 12 breaching Party pursuant to the procedure established in this Agreement and shall 13 provide the opportunity, within ninety (90) days of the date such Notice is served, to 14 propose a method of fulfilling the Agreement's terms and conditions or curing the 15 breach. The breaching Party shall be provided an additional ninety (90) days to cure 16 the material breach or to negotiate an amendment to this Agreement within a 17 reasonable time, as mutually agreed to by the Parties. This Agreement is not subject 18 to arbitration and must be amended in accordance with the statutory requirements. 19 20 c. Amendment or Termination: The Parties hereto shall at all times adhere to the 21 terms and conditions of this Agreement. Amendment, termination, extension, or 22 revocation of this Agreement shall be made in accordance with the notification and 23 procedural requirements set forth herein. 24 25 i. Amendments to this Agreement shall subject Parties to the laws and policies in 26 effect at the time of the amendment only if the conditions of Section 163.3233(2), 27 Florida Statutes, are met. 28 29 1 No modifications, extensions, amendments, or alterations of the terms or 30 conditions contained herein shall be effective unless contained in a written 31 document approved and executed by the Parties. 32 33 iii. Amendment, extension or termination shall require at least two (2) public 34 hearings. The hearings shall be held pursuant to an application filed with Monroe 35 County by the Party seeking to amend or terminate this Agreement, along with the 36 requisite filing fee. Notice of public hearing shall be in accordance with Monroe 37 County Ordinances and Florida Statutes. 38 39 d. Enforcement: 40 41 i. After notice and an opportunity to respond and/or cure the material breach as 42 provided for below. in addition, Monroe County may utilize appropriate code 43 compliance remedies to cure any breach after notice and an opportunity to cure as 44 provided herein. 45 Page 24 of 30 (November 27, 2013 version) Doc# 1962037 9kp 2663 P9p 1842 1 1 Monroe County, the other Parties, their successors or assigns, or any aggrieved or 2 any adversely affected person as defined in Section 163.3215(2), Florida Statutes, 3 may file an action for injunctive relief in the Circuit Court of Monroe County to 4 enforce the terms of this Agreement or to challenge compliance with the 5 provisions of Sections 163.3243, Florida Statutes. 6 7 iii. Nothing contained herein shall limit any other powers, rights, or remedies that 8 either party has, or may have in the future, to enforce the terms of this Agreement. 9 10 Q. Binding Effect of Agreement. The covenants, agreements, and obligations herein contained, 11 except as herein otherwise specifically provided, shall extend to, bind and inure to the benefit 12 of the Parties hereto and their respective personal representatives, heirs, successors and 13 assigns. 14 15 R. State and Federal Law. If State or Federal laws enacted after the effective date of this 16 Agreement preclude either Party's compliance with the terms of this Agreement, this 17 agreement shall be modified as is necessary to comply with the relevant State or Federal 18 Laws. 19 20 S. Compliance with Other Laws. The failure of this Agreement to address a particular permit, 21 condition, term, or restriction shall not relieve the Parties of the necessity of complying with 22 the laws governing said permitting requirements, conditions, terms or restrictions. 23 24 T. Reservation of Rights. This Agreement shall not affect any rights, which may have accrued 25 to any party to this Agreement under applicable law. The Parties reserve any and all such 26 rights. All approvals referenced in this Agreement are subordinate to compliance with all 27 applicable laws, codes, and land development regulations and permits, except to the extent 28 otherwise provided for in this Agreement. 29 30 U. No Permit. This Agreement is not and shall not be construed as a Development Permit, 31 Development Approval or authorization to commence development, nor shall it relieve the 32 Parties other than Monroe County of the obligations to obtain necessary Development 33 Approvals that are required under applicable law and under and pursuant to the terms of this 34 Agreement and Monroe County Code. 35 36 V. Good Faith; Further Assurances; No Cost. The Parties to this Agreement have negotiated 37 in good faith. It is the intent and agreement of the Parties that they shall cooperate with each 38 other in good faith to effectuate the purposes and intent of, and to satisfy their obligations 39 under, this Agreement in order to secure themselves the mutual benefits created under this 40 Agreement. The Parties agree to execute such fiuther documents as may be reasonably 41 necessary to effectuate the provisions of this Agreement; provided that the foregoing shall in 42 no way be deemed to inhibit, restrict or require the exercise of Monroe County's police 43 power or actions of Monroe County when acting in a quasi-judicial capacity. Wherever in 44 this Agreement a provision requires cooperation, good faith or similar effort to be undertaken 45 at no cost to a party, the party co-operating, reviewing or undertaking the effort shall, Page 25 of 30 (November 27, 2013 version) DocH 1962037 Bkq 2663 Pg# 1943 1 nonetheless, bear its cost of attendance at meetings, hearings, or proceedings and comment 2 and/or execution of documents, inclusive of the expense of its counsel. 3 4 W. Successors and Assigns. This Agreement shall constitute a covenant running with the land, 5 which shall be binding upon the Parties hereto, their successors in interest, heirs, assigns, and 6 personal representatives. 7 8 X. Joint Preparation. This Agreement has been drafted with the participation of the Parties 9 and their counsel, and shall not be construed against any party on account of draftsmanship. 10 The captions of each article, section and subsection contained in this Agreement are fore ease 11 of reference only and shall not affect the interpretational meaning of this Agreement. 12 Whenever the term "included" is used in this Agreement, it shall mean that the included 13 items, or terms are included without limitation as to any other items or terms, which may fall 14 within the listed category. 15 16 Y. Notices. All notices, demands, requests or replies provided for or permitted by this 17 Agreement shall be in writing and may be delivered by any one of the following methods: (a) 18 by personal delivery; (b) by deposit with the United States Postal Service as Certified or 19 Registered mail, return receipt requested, postage prepaid, to the addresses stated below; or 20 (c) by deposit with an overnight express delivery service with proof of receipt to the 21 addresses stated below. Notice shall be deemed effective upon receipt. For purposes of 22 notice, demand, request, or replies: 23 24 The address of Monroe County shall be: 25 26 County Administrator 27 1100 Simonton Street 28 Room 2-205 29 Key West, Florida 33040 30 31 with a copy to 32 33 Robert Shillinger , Esq. 34 County Attorney 35 PO Box 1026 36 Key West, Florida 33041 37 and 38 1111 12s` Street, Suite 408 39 Key West, Florida 33040 40 41 The address of Summerland Palms, Coco Palms Developers, Suncrest, Singh Investors, 42 and Oceanside Investors shall be: 43 44 C/O John Allison, Esq. 45 P.O. Box 2129 46 Key West, Florida 33045-2129 Page 26 of 30 (November 27, 2013 version) Doc# 1962037 Bka 2663 P94 1944 1 2 And a copy to 3 4 Barton W. Smith, Esq. 5 Smith Oropeza, P.L. 6 138 - 142 Simonton Street 7 Key West, Florida 33040 9 It is the responsibility of the Parties to promptly notify all other Parties of any change in 10 name or address for receipt of notice, demand, request, or replies. 11 12 Z. Force Majeure. Any prevention, delay or stoppage due to strikes, lockouts, labor disputes, 13 acts of God, inability to obtain labor or materials or reasonable substitutes therefore, riot, 14 civil commotion, fire or other casualty and other causes beyond the reasonable control of the 15 party obligated to perform, excluding the fi=cial inability of such party to perform and 16 excluding delays resulting from appeals or rehearing, shall excuse the performance by such 17 party for a period equal to any such period of prevention, delay or stoppage. In order to avail 18 itself of this force majeure provision, the party invoking the same shall provide the other 19 party with a written notice that shall consist of a recitation of all events that constitute force 20 majeure events under this Section, together with the beginning and ending dates of such 21 events. 22 23 A.A. Construction. This Agreement shall be construed in accordance with the laws of the State 24 of Florida. The Parties to this Agreement have participated fully in the negotiation and 25 preparation hereof, and, accordingly, this Agreement shall not be more strictly construed 26 against any one of the Parties hereto. In construing this Agreement, the use of any gender 27 shall include every other and all genders, and captions and section and paragraph headings 28 shall be disregarded. All of the exhibits attached to this Agreement are incorporated in, and 29 made a part of, this Agreement. 30 31 BB. Omission. The Parties hereto recognize and agree that the failure of this Agreement to 32 address a particular permit, condition, terms or restriction shall not relieve either Party of the 33 necessity of complying with the law governing said permitting requirements, conditions, 34 term, or restriction notwithstanding any such omission. 35 36 CC. Jurisdiction and Governing Law. The Parties hereto agree that any and all suits or actions 37 at law shall be brought in Monroe County, Florida and no other jurisdiction. This Agreement 38 shall be construed and interpreted under the laws of the State of Florida. 39 40 DD. Attorney's Fees and Costs. The Parties agree that in the event any cause of action or 41 administrative proceeding is initiated or defended by any party relative to the enforcement or 42 interpretation of this Agreement, the prevailing party shall be entitled to reasonable 43 attorney's fees, court costs, as an award against the non prevailing party, and shall include 44 attorney's fees, courts costs, in appellate proceedings. Mediation proceedings initiated and 45 conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Page 27 of 30 (November 27, 2013 version) i III I I:: 1 R.`.. { 1 ..... :{.. • 1 • : :{ 1 • : 1. . 1 r ( � i! .!1 :l. r • f • 1. • •1. {. ! ' 1..:' . )...... 1 f • �' 1 r { •. J' 7 :1.:. " 1 it :: 1 • ' 'l :I ;1 ! L•: •I • { { ! r ..!. ..{.. ► ! 1 :./ . •' • 1 • I • i 1 .�, ►I 1 I L .�'... • r � r . , : •~ .J :.. 11 rI 1• ':.:1 T 11' { •I F' R: `► • 1 {i� i 'f • • 17I' { 1 •� . M:'irl I , t ( : ► i •. 1 :1 1 , r R . 1 • ;1: • 1 1. Y :. • jr y: -:.1 �• I• _. �►:'r11 ! '.:rli 1l: �r. i'• II ' 1 ':f• If'. • • Page 28 of 30 (November 27, 2013 version) 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Doc# 1962037 Bkq 2663 PqU 1946 IN WITNESS WHEREOF the Parties hereto have set their hands and seals on the.dgy and year below written. Summerland Palms Investors, LLC Title: AA Date: Z / t D; , Oceansideo Date - Coco Palms Dffllo jgen. LLC ligE T Singh Investors, C UP Title: A G 2- Date: 1 �--%r i he foregoing instrument was acknowledged before me on this rC,_ day of I <(c.� r 20 t�, by Pritam Singh, the managing member of Summerland Palms Investors, LLC, Coco Palms Developers, LLC, Singh Investors, LLC, and Oceanside Investors, LLC. He is personally known to me and °d a a,n nth. BARTON SMITH NotaryPublic ; ?° Notary Public - State of t•Iorwa • . My Comm. Expires Sop 1. 2010 �g Commission # EE 19e037 Print Name •'�'FA,;..i:� ��° Banded Tircouyh MetiOaal Holsry Assn° My commission expires: M Page 29 of 30 (November 27, 2013 version) 2 STATE OF F t O 1- , d-4 4 COUNTY OF n,, o,n ro r 6 Ile foregoing instrument was acknowledged before me on this -3'" day of oec-evmb 7 20 "3_, by LAJ - So on (-(a ( k u>-(--a the managing member of Suncrest Landing, LLC. 8 He is personally known to me or provided as identification and did not take Lani 10 12 Notary Public 13 2 14 Print N e 15 16 My commission expires: 17 18 STATE OF FLA)RIDA COUNTY OF MONROE This Copy is a Trace Copy of the Original on File in this OMce. Witnen my hand and Of trial Seal. This I i - `day of.� A.D., 20 %3 AMY HEAVIL.IN .Jrjmlrk *e vit Y-- BY.tea GlsCr GREGORY OROPEZA '.{Y COhWISSION d EE 005958 EXPIRES July 1, 2014 yr A' OR N &mded TI6ru Notary Public Uudermiteis M1 Page 30 of 30 (November 27, 2013 version) MONROE COUNTY ATTORNEY P FO AS TO FOR , [100-ltl ( Exhibit# 1 DocK 19375 Filed 8 Recorded in official Records of nONROE COUNTY Ally NEAVILIN This document was prepared by 06/17/2013 2: OOPM and should be returned to: DEED D®C STAMP CL s 0$ $33, 250 , 00 Brian M. Jones, Esq. SHUTTS & BOWEN LLP 300 S. Orange Avenue, Suite 1000 Orlando, Florida 32801 SPECIAL WARRANTY DEED DocN 1937508 Skp 2634 PgN 572 THAT ATLAS FL II SPE LLC, a North Carolina limited liability company (hereinafter 1aa referred to as "Grantor'l, for and in consideration of the sum of Ten and No/100 Dollars w39 oo ($10.00) and other good and valuable consideration to it in hand paid by OCEANSIDE Na INVESTORS LLC, a Florida limited liability company (hereinafter referred to as "Grantee"), M o whose mailing address is 1010 Kennedy Dr, Suite 302, Key West, FL 33040, the receipt and wN sufficiency of which consideration are hereby acknowledged, and upon and subject to the v exceptions, liens, encumbrances, terms and provisions hereinafter set forth and described, has a GRANTED, BARGAINED, SOLD and CONVEYED, and by these presents does hereby A GRANT, BARGAIN, SELL and CONVEY, unto Grantee all of the real property situated in W Monroe County, Florida, described on Exhibit A attached hereto and made a part hereof for all purposes, together with all and singular the rights, benefits, privileges, easements, tenements, hereditaments and appurtenances thereon or in anywise appertaining thereto, and together with all improvements located thereon and any right, title and interest of Grantor in and to adjacent streets, alleys and rights -of -way (said land, rights, benefits, privileges, easements, tenements, heredipt}a�m/ents, appurtenances, improvements and interests being hereinafter referred to as the "Property'). This conveyance is made subject and subordinate to those encumbrances and exceptions set forth on Exhibit B attached hereto and made a part hereof for all purposes and all other matters of record affecting the Property (collectively, the "Permitted Exceptions"). TO HAVE AND TO HOLD the Property, subject to the Permitted Exceptions, as aforesaid, unto Grantee, its successors and assigns, forever; and Grantor does covenant with Grantee that, except for the Permitted Exceptions, at the time of delivery of this Special Warranty Deed, the Property is free from all encumbrances made by Grantor, and Grantor will WARRANT AND DEFEND all and singular the Property unto Grantee, its successors and assigns, against the lawful claims and demands of all persons claiming by, through or under Grantor, but not otherwise. By acceptance of this Special Warranty Deed, Grantee acknowledges and agrees that any and all liability hereunder of Grantor, its agents, representatives or employees, including the Special Warranty of title herein contained, shall be limited to and satisfied solely from the Grantor's proceeds from the Property. By acceptance of this Special Warranty Deed, Grantee assumes payment of all real property taxes on the Property for the year 2013 and subsequent years. ORLDOCS 129558971 Dacp 1937508 BkN 2634 P9N 573 IN WITNESS WHEREOF, this Special Warranty Deed has been executed by Grantor to be effective as of June �' , 2013. Signed, sealed and delivered in the presence of ATLAS FL II SPE LLC, a North Carolina the following witnesses: limited liability company �/ , / KIMI=-- Docp 1962037 UP 2663 PgN 1949 l THE STATE OF § k.yW COUNTY OF § l (This instrument was acknowledged efore Me on J4-1, 2013, by the c. fA!g of ATLAS FL 11 SPE LLC, a North Carolina limited liability company, on beh said li " ed liability company. No ubli • 91 E Notary Public . State of ffoOda sh, di My Comm. EOFIIANxpfM.ru May 9, 2014 /I s%' commission * Do 9897 Ti d/Typed Name of Notary My Commission Expires: ORLDOCS 12955897 1 2 Doc# 1962037 D®c# 1937508 Bk# 2663 Pq# igg®i Bk# 2634 PSN 574 Legal Description r r • • ► • • • • ••.1197imilolol• • 7T�F TOGETHER WITH THAT PARCEL OF LAND (THE "NON -CONDOMINIUM LAND") AS MORE PARTICULARLY DESCRIBED AS FOLLOWS: A LINE BEING THE WATERWARD BOUNDARY LINE AS OF JULY 1, 1975, LYING IN HAWK CHANNEL IN SECTION 36, TOWNSHIP 67 SOUTH, RANGE 25 EAST, STOCK ISLAND, MONROE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF LOT 3, BLOCK 61, "GEORGE MCDONALDS PLAT OF A PART OF STOCK ISLAND", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE SOUTH 000 00' 00" EAST, ALONG THE EAST LINE OF SAID LOT 3, A DISTANCE OF 256.64 FEET MORE OR LESS TO THE WATERWARD BOUNDARY LINE AS OF JULY 1, 1975, AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED LINE; THENCE SOUTH 880 44' 58" WEST, A DISTANCE OF 58,05 FEET; THENCE SOUTH 810 26' 20" WEST, A DISTANCE OF 13.41 FEET; THENCE SOUTH 48° 22' 45" WEST, A DISTANCE OF 7.77 FEET; THENCE SOUTH 090 55' 20" WEST, A DISTANCE OF 8.55 FEET; THENCE SOUTH 00- 10' 09" WEST, A DISTANCE OF 178.89 FEET; THENCE SOUTH 010 46' 07' WEST, A DISTANCE OF 53.90 FEET; THENCE SOUTH 060 39' 38" WEST, A DISTANCE OF 34.06 FEET; THENCE NORTH 80- 11, 10" WEST, A DISTANCE OF 19.75 FEET; THENCE NORTH 06° 04' 32" EAST, A DISTANCE OF 30.53 FEET; THENCE NORTH 020 25' 50" EAST, A DISTANCE OF 53.34 FEET; THENCE NORTH 160 29' 47' WEST, A DISTANCE OF 23.38 FEET; THENCE NORTH 400 25' 19" WEST, A DISTANCE OF 21.08 FEET; THENCE NORTH 63° 50' 22" WEST, A DISTANCE OF 18.30 FEET, THENCE SOUTH 88° 24' 25" WEST, A DISTANCE OF 48.58 FEET; THENCE SOUTH 800 34' 05" WEST, A DISTANCE OF 12.37 FEET; THENCE SOUTH 810 01' 04" WEST, A DISTANCE OF 38.31 FEET; THENCE SOUTH 77® 16' 42" WEST, A DISTANCE OF 50.24 FEET; THENCE SOUTH 680 46' 49" WEST, A DISTANCE OF 24.66 FEET; THENCE SOUTH 41° 39' 38" WEST, A DISTANCE OF 17.34 FEET; THENCE SOUTH 05®19' 44" WEST, A DISTANCE OF 26,43 FEET; THENCE SOUTH 000 Sr 38" WEST, A DISTANCE OF 45.02 FEET; THENCE SOUTH 10® 31' 54" EAST, A DISTANCE OF 26.49 FEET; THENCE SOUTH 14° 28' 10" EAST, A DISTANCE OF 29.44 FEET; THENCE SOUTH 34° 09' ORLDOCS 12955997 1 3 Doan 1962037 Doan 1937508 Bkp 2663 Pgu 1991 Bkp 2634 PgN 575 00" EAST, A DISTANCE OF 10.17 FEET; THENCE SOUTH 650 59' 42" EAST, A DISTANCE OF 13.79 FEET; THENCE SOUTH 860 21' 21" EAST, A DISTANCE OF 27.69 FEET, THENCE NORTH 870 00' 36" EAST, A DISTANCE OF 46.24 FEET; THENCE NORTH 81° 58' 32" EAST, A DISTANCE OF 35.50 FEET; THENCE SOUTH 870 38' 26" EAST, A DISTANCE OF 10.36 FEET; THENCE SOUTH 000 00' 45" WEST, A DISTANCE OF 38.74 FEET; THENCE SOUTH 070 17' 00" WEST, A DISTANCE OF 50.37 FEET; THENCE SOUTH 010 31' 11" WEST, A DISTANCE OF 60.24 FEET; THENCE SOUTH 03® 09' 56" EAST, A DISTANCE OF 56.98 FEET; THENCE SOUTH 01° 17 35" WEST, A DISTANCE OF 67.93 FEET; THENCE SOUTH 240 27 36' WEST; A DISTANCE OF 20.05 FEET; THENCE NORTH 70° 07 27" WEST, A DISTANCE OF 30.56 FEET; THENCE NORTH 390 29' 04" WEST, A DISTANCE OF 35.34 FEET; THENCE NORTH 200 28' 48" WEST, A DISTANCE OF 25.13 FEET; THENCE NORTH 750 38' 40" WEST, A DISTANCE OF 38.00 FEET; THENCE NORTH 450 33' 20" WEST, A DISTANCE OF 17.49 FEET; THENCE NORTH 23° 30' 00" WEST, A DISTANCE OF 28.68 FEET; THENCE NORTH 430 31' 59" WEST, A DISTANCE OF 14.41 FEET; THENCE SOUTH 880 32' 44" WEST, A DISTANCE OF 24.78 FEET; THENCE SOUTH 71° 33' 38" WEST, A DISTANCE OF 41.80 FEET, THENCE SOUTH 890 52' SO" WEST, A DISTANCE OF 42.77 FEET; THENCE SOUTH 820 14' 18" WEST, A DISTANCE OF 32.99 FEET; THENCE SOUTH 730 17 44" WEST, A DISTANCE OF 19.18 FEET; THENCE SOUTH 790 38' 41" WEST, A DISTANCE OF 26.35 FEET; THENCE SOUTH 82° 50' 54" WEST, A DISTANCE OF 32.20 FEET; THENCE SOUTH 88° 27' 31" WEST, A DISTANCE OF 22.15 FEET; THENCE NORTH 630 04' S4" WEST, A DISTANCE OF 5.73 FEET; THENCE SOUTH 560 22' 23" WEST, A DISTANCE OF 7.38 FEET, THENCE SOUTH 850 25' 56" WEST, A DISTANCE OF 43.08 FEET, THENCE NORTH 83° 45' 01" WEST, A DISTANCE. OF 31.16 FEET, THENCE SOUTH 87 16 53" WEST, A DISTANCE OF 45.21 FEET; THENCE SOUTH 86° 20' 31" WEST, A DISTANCE OF 54.32 FEET; THENCE SOUTH 880 07' 13" WEST, A DISTANCE OF 64.34 FEET; THENCE NORTH 89° 56' 25" WEST, A DISTANCE OF 65,13 FEET; THENCE NORTH 88° 5V 04" WEST, A DISTANCE OF 52.42 TO THE POINT OF TERMINUS AND THE END OF THE HEREIN DESCRIBED LINE. ON THE ISLAND OF STOCK ISLAND, AND BEING LOT ONE (1), BLOCK SIXTY (60) ACCORDING TO GEORGE L MCDONALD'S MAP OF LOTS ONE (1), TWO (2), THREE (3), FIVE (5) AND SIX (6) OF SECTION THIRTY FIVE (35), LOT TWO (2) SECTION THIRTY SIX (36), LOT THREE (3) SECTION TWENTY SIX (26), AND LOT TWO (2) SECTION THIRTY FOUR (34), TOWNSHIP SIXTY SEVEN (67) SOUTH, RANGE TWENTY FIVE (25) EAST, RECORDED IN PLAT BOOK ONE (1), PAGE 55, MONROE COUNTY, FLORIDA RECORDS. AND ALSO PARCEL B: PARCEL C: ORLDOCS 12955897 1 4 Docq 1962037 DocN 1937508 Bkq 2663 PgN 1952 Bkq 2634 Pgq 576 0 STOCKr MONROE COUNTY,FLORIDA, BEING MORE DESCRIBED • r COMMENCING AT THE NORTHEAST•• OF • BLOCK.[ OF • ► AS RECORDED IN PLAT BOOK 1, PAGE 55, PUBLICi•s • ••COUNTY,•• ONGTHE NORTHOF SAID ,•1 AND THE WESTERLY EXTENSION• •• t s' 1 • r •• • ► a- i �f � • - S !i ALSO PARCEL D: ON THE ISLAND KNOWN AS STOCK ISLAND AND DESCRIBED ACCORDING TO THE GEORGE MCDONALD'S PLAT OF A PART OF STOCK ISLAND, RECORDED IN PLAT BOOK 1, PAGE 55, MONROE COUNTY, FLORIDA AS FOLLOWS: LOTS TWO (2) AND THREE (3) IN BLOCK SIXTY (60). ALSO PARCEL E: A PARCEL OF FORMERLY SUBMERGED LAND IN HAWK CHANNEL IN SECTION 36, TOWNSHIP 67 SOUTH, RANGE 25 EAST, MONROE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 3, SQUARE 60 OF PLAT TITLED "ALL LOTS 1, 2, 3, 5 AND 6, SECTION 35; LOT 3, SECTION 26; LOT 2, SECTION 34, STOCK ISLAND, TOWNSHIP 67 SOUTH, RANGE 25 EAST", RECORDED IN PLAT BOOK 1, PAGE 55, PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, RUN SOUTH 435.6 FEET; THENCE AT RIGHT ANGLES RUN WEST 200 FEET; THENCE AT RIGHT ANGLES RUN NORTH 435.6 FEET TO THE SOUTHWEST CORNER OF LOT 2, SQUARE 60 OF THE ABOVE MENTIONED PLAT; THENCE MEANDER THE SHORELINE TO AN EASTERLY DIRECTION BACK TO THE POINT OF BEGINNING. • •• • r i r r•►' r :i• i • •• LOTS ONE (1) AND TWO (2) IN BLOCK SIXTY ONE (61), TOGETHER WITH A PARCEL OF SUBMERGED ORLDOCS 12955997 1 5 Docp 1962037 V1 • Doc# 1937508 Sk# 2663 Pga 1953 cam• 8ka 2634 Pq# 577 PARCEL G: • • • i i • • • i • i i •' COUNTY,L. MCDONALD AND RECORDED IN PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF MONROE FLORIDA. ALSO • •( THE PORTION OF • BLOCKS :1' AND, OF O r'• t PLAT OF OF •ISLAND, AS RECORDED IN PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF • ,• COUNTY,•. r. S. r •[• t f • •1 • •• •t .1 f •- ALSO PARCEL]: •;•i • r • • • • r • •• • 11 •• r• 'f•= .. • r i • • i : • , r r• • ORLDOCS 129558971 Doca 1937506 Bk# 2634 P+v9 578 MISSING CALL OF EAST 376.50') THENCE 87000 DEFLECTED LEFT (DL), 200 FEET, MORE OR LESS, THENCE 27000 DEFLECTED LEFT, 30.00 FEET, MORE OR LESS; THENCE 38030 DEFLECTED RIGHT, 18.5 FEET, MORE OR LESS; THENCE 40000 DEFLECTED LEFT, 13.0 FEET, MORE OR LESS; THENCE 46050 DEFLECTED RIGHT, 45.0 FEET, MORE OR LESS; THENCE 72000 DEFLECTED LEFT, 75.5 FEET, MORE OR LESS; THENCE 27000 DEFLECTED RIGHT, 25.0 FEET, MORE OR LESS; THENCE 64000 DEFLECTED RIGHT, 94.5 FEET, MORE OR LESS; THENCE 47020 DEFLECTED RIGHT, 52.S FEET, MORE OR LESS; THENCE 37040 DEFLECTED LEFT, 37.5 FEET, MORE OR LESS; THENCE 54015 DEFLECTED LEFT, 24.5 FEET, MORE OR LESS; THENCE 72000 DEFLECTED LEFT, 40.0 FEET, MORE OR LESS; THENCE 28020 DEFLECTED LEFT, 118.5 FEET, MORE OR LESS; THENCE 56010 DEFLECTED LEFT, 231.9 FEET, MORE OR LESS; THENCE WEST, 378.80 FEET BACK TO THE POINT OF BEGINNING. LESS (CONDOMINIUM): • ► 9 • . • • . , 0 0 • • •• 9 r. 4:14 1 Z LtILL9• ••R14 O 9 COMMENCE AT THE NORTHEAST CORNER OF LOT 3, BLOCK 61, GEORGE MCDONALD'S PLAT OF A PART OF STOCK ISLAND, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE SOUTH FOR A DISTANCE OF 265.88 FEET; THENCE WEST FOR A DISTANCE OF 100.00 FEET, THENCE SOUTH FOR A DISTANCE OF 339.68 FEET; THENCE WEST FOR A DISTANCE OF 67.20 FEET TO THE POINT OF BEGINNING; THENCE MEANDER THE APPROXIMATE MEAN HIGH WATER LINE FOR THE FOLLOWING TWENTY-TWO (22) METES AND BOUNDS; THENCE SOUTH 040 53' 14" WEST, A DISTANCE OF 50.44 FEET; THENCE SOUTH 030 31' 10" WEST, A DISTANCE OF 60.33 FEET, THENCE SOUTH 04® 56' 57" EAST, A DISTANCE OF 108.26 FEET, THENCE SOUTH 06° 27' 03" WEST, A DISTANCE OF 123.44 FEET; THENCE SOUTH 570 33' 15" WEST, A DISTANCE OF 86.74 FEET, THENCE SOUTH 81° 19' 27" WEST, A DISTANCE OF 44.77 FEET; THENCE NORTH 740 55' 09" WEST, A DISTANCE OF 14.27 FEET; THENCE NORTH 380 14' 22" EAST, A DISTANCE OF 83.55 FEET, THENCE NORTH 21° 12' 00" EAST, A DISTANCE OF 20.97 FEET; THENCE NORTH 280 26 29" EAST, A DISTANCE OF 45.45 FEET; THENCE NORTH 08° 28' 07" EAST, A DISTANCE OF 14.52 FEET; THENCE NORTH 440 57 55" WEST, A DISTANCE OF 32.90 FEET; THENCE NORTH 450 09' 29" WEST, A DISTANCE OF 12.09 FEET; THENCE SOUTH 870 09' 32" WEST, A DISTANCE OF 29.15 FEET; THENCE NORTH 7S° 12' 35" WEST, A DISTANCE OF 17.77 FEET, THENCE NORTH 230 09' 22" WEST, A DISTANCE OF 52.43 FEET; THENCE SOUTH 890 35' 35" WEST, A DISTANCE OF 7.15 FEET, THENCE NORTH 000 10' 56" EAST, A DISTANCE OF 7.23 FEET, THENCE SOUTH 790 00' 39" WEST, A DISTANCE OF 63.72 FEET; THENCE NORTH 790 00' 34" WEST, A DISTANCE OF 28.33 FEET; THENCE SOUTH 770 29' 51" WEST, A DISTANCE OF 80.86 FEET; THENCE NORTH 880 49' 09' WEST, A DISTANCE OF 41.75 FEET; THENCE LEAVING THE SAID MEAN HIGH WATER LINE FOR A DISTANCE OF 103.41 FEET; THENCE EAST FOR A DISTANCE OF 81.33 FEET; THENCE NORTH FOR A DISTANCE OF 12.00 FEET, THENCE EAST FOR A DISTANCE OF 157.53 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST; THENCE LEFT ALONG THE SAID CURVE, HAVING FOR ITS ELEMENTS A RADIUS OF 32.00 FEET AND A CENTRAL ANGLE OF 900 00' 00" FOR A DISTANCE OF 50.27 FEET TO A POINT OF TANGENCY; THENCE NORTH FOR A DISTANCE OF 36.77 FEET; THENCE EAST FOR A DISTANCE OF 106.74 FEET TO THE POINT OF BEGINNING. ORLDOCS 129558971 DOcV 1962037 DocN 1937508 Bk# 2663 Pg# 1955 Bk# 2634 PsN 579 NORTH PIER: COMMENCE AT THE POINT OF INTERSECTION OF THE CENTERLINE OF MALONEY AVENUE WITH THE CENTERLINE OF PENINSULAR AVENUE; THENCE SOUTH ALONG THE CENTERLINE OF MALONEY AVENUE AND THE SOUTHERLY EXTENSION THEREOF FOR A DISTANCE OF 290.23 FEET TO A POINT; THENCE WEST 228.63 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND BEING DESCRIBED HEREIN; THENCE SOUTH FOR A DISTANCE OF 109 FEET TO A POINT; THENCE WEST FOR A DISTANCE OF 390.55 FEET TO A POINT; THENCE SOUTH 03®11' 40" EAST FOR A DISTANCE OF 5.17 FEET TO A POINT; THENCE SOUTH 86® 49 20" WEST FOR A DISTANCE OF 33.50 FEET TO A POINT; THENCE NORTH 030 11' 40" WEST FOR A DISTANCE OF 119.9 FEET TO A POINT; THENCE NORTH 86° 48' 20" EAST FOR A DISTANCE OF 33.50 FEET TO A POINT; THENCE SOUTH 03® 11' 40" EAST FOR A DISTANCE OF 5.49 FEET TO A POINT; THENCE EAST FOR A DISTANCE OF 398.11 FEET BACK TO THE POINT OF BEGINNING. lu'1r r .• • • • • • M•: � Ill....• it •' l • •' 1 • '• •' l .1 LESS THE FOLLOWING PIER: C'�IT� 9:214: • • ti • • ►, , • ► .1 • •• ORLDOCS 129SS8971 8 Doca 1962037 DocU 1937508 Bka 2663 Pga 1956 Oka 2634 Pga 580 THENCE WEST 228.63 FEET TO A POINT; THENCE SOUTH FOR A DISTANCE OF 416.99 FEET TO POINT OF BEGINNING OF THE PARCEL OF LAND BEING DESCRIBED HEREIN; THENCE CONTINUE SOUTH FOR A DISTANCE OF 97 FEET TO A POINT; THENCE WEST FOR A DISTANCE OF 408.80 FEET TO A POINT; THENCE NORTH 030 11' 40" WEST FOR A DISTANCE OF 115 FEET TO A POINT; THENCE NORTH 86° 48' 20" EAST FOR A DISTANCE OF 38.34 FEET TO A POINT; THENCE SOUTH 03® 11- 40" EAST FOR A DISTANCE OF 20 FEET TO A POINT; THENCE EAST FOR A DISTANCE OF 375.82 FEET BACK TO THE POINT OF BEGINNING. LESS THE FOLLOWING PARCEL: A PARCEL OF LAND LOCATED IN SECTION 36, TOWNSHIP 67 SOUTH, RANGE 2S EAST, STI,',*�' W440, MONROE COUNTY,FLORIDA, AND BEING MOREDESCRIBED AS FOLLOWS: • r • •'P. LOT 3 BLOCK•'MCDONALDS PLAT OF A PART 11 •1 •. r M r 1 r ,! ! ORLDOCS 129SS9971 DocM 1962037 DOeff 11394ggi375008 Bkq 2663 Pga 1957 e�V Bk#EXHIBIT B TO SPECIAL WARRANTY DEED Permitted Exceptions 1. Reservations contained in Deed from the Trustees of the Internal Improvement Fund of the State of Florida, filed March 29, 1960 in Book 180, Page 381 . Note: The right of entry has been released pursuant to S270.11, F.S. 2. State of Florida Department of Administration Division of State Planning Affidavit Regarding the Florida Keys Area of Critical State Concern recorded August 13, 1976 in Book 668, Page 43. 3. Easement granted to The Utility Board of the City of Key West, Florida by instrument recorded March 19, 2002 in Book 1769, Page 863. 4. Grant of Non -Exclusive Easement granted to Oceanside Development Corporation, a Florida corporation and Oceanside Residential Condominium Association, Inc., a Florida not -far -profit corporation by instrument recorded March 19, 2002 in Book 1769, Page 1151. 5. Grant of Non -Exclusive Easement and Provider Agreement granted to Oceanside Development Corporation, a Florida corporation and Oceanside Residential Condominium Association, Inc., a Florida not -for -profit corporation by instrument recorded March 19, 2002 in Book 1769, Page 1164. 6. The right, title or interest, if any, of the public to use as a public beach or recreation area any part of the Land lying between the water abutting the Land and the most inland of any of the following; (a) the natural line of vegetation; (b) the most extreme high water mark; (c) the bulkhead line, or (d) any other line which has been or which hereafter may be legally established as relating to such public use. Terms and conditions of any existing unrecorded lease(s), and all rights of lessees) and any parties claiming through the lessees) under the lease(s). 7. Rights of the United States Government to that part of the Land, if any, being artificially filled in land in what was formerly navigable waters arising by reason of the United States Government control over navigable waters in the interest of navigation and commerce. 8. Any adverse ownership claim by the State of Florida by right of sovereignty to any part of the Land that is, as of the Date of Policy or was at any time previously, under water (submerged). % Reservation(s) in favor of the Trustees of the Internal Improvement Fund of the State of Florida contained in the Deed recorded November 16, 1964 in Book 325, Page 595, as to: a. 3/4 interest in all phosphate, mineral and metal rights. b. 1/2 interest in all petroleum rights. c. Rights of exploration in conjunction with ORIDOCS 129559971 10 Qoca 1962037 Daco 1937508 Bk8 2663 Pgq 1958 8kp 2634 Pgq 582 phosphate, mineral, metal and/or petroleum rights have been released pursuant to Florida Statute 270.11(2). 10. Storm Sewer Easement to the State of Florida for the use and benefit of the State Road Department of Florida recorded September 27, 1966 in Book 379, Page 1033. 11. Drainage Easement in favor of the State Road Department of Florida recorded October 21, 1966 in Book 381, Page 225. 12. Reservation in favor of the Trustees of the Internal Improvement Fund of the State of Florida contained in the Deed recorded January 29, 1970 in Book 446, Page 255, as to: a. 3/4 interest in all phosphate, mineral, and metal rights b. 1/2 interest in all petroleum rights. c. Rights of exploration in conjunction with phosphate, mineral, metal and/or petroleum rights have been released pursuant to Florida Statute 270.11(2). 13. Reservation in favor of the Trustees of the Internal Improvement Fund of the State of Florida contained in the Deed recorded March 26, 1973 in Book 534, Page 198, as to: a. 3/4 interest in all phosphate, mineral, and metal rights. b. 1/2 interest in all petroleum rights. c. Rights of exploration in conjunction with phosphate, mineral, metal and/or petroleum rights have been released pursuant to Florida Statute 270.11(2). 14. Easement in favor of the Utility Board of the City of Key West recorded January 27, 1977 in Book 690, Page 313. 15. Reservation in favor of the Trustees of the Internal Improvement Fund of the State of Florida contained in the Deed recorded December 6, 1985 in Book 959, Page 2354, as to: a. 3/4 interest in all phosphate, mineral, and metal rights. b. 1/2 interest in all petroleum rights. c. Rights of exploration in conjunction with phosphate, mineral, metal and/or petroleum rights have been released pursuant to Florida Statute 270.11(2). 16. Grant of Non -Exclusive Access and Parking Easement Agreement in favor of Oceanside Marina Condominium Association, Inc., as recorded July 1, 1997 in Book 1464, Page 1517. 17. County Ordinance 10-77, providing for the annual levy on garbage and trash collection fees to be assessed upon this parcel of land. 18. Grant of Easement (Launching) as recorded August 1, 2003 in Book 1915, Page 92. 19. Grant of Easement (Ingress, Egress, Utilities, Drainage, Encroachments and Maintenance) as recorded August 1, 2003 in Book 1915, Page 100. ORLDOCS 129558971 11 Docn 1962037 OcaN 19373ea Bk# 2663 Pg# 1959 BkK 2634 Pga 5a3 20. All the covenants, conditions, restriction, easements, assessments and possible liens, terms and other provisions of Declaration of Condominium and Exhibits thereto, recorded August 11, 2003 in Book 1918, Page 1967, Public Records of Monroe County, Florida, and as further amended, including, but not limited to one or more of the following: provisions for private charges or assessments; liens for liquidated damages; and/or option, right of first refusal or prior approval of a future purchaser or occupant. NOTE: Developers Right of First Refusal was terminated in Book 2201, Page 1282 and in Book 2212, Page 1604. (As to Cando Parcels only) 21. County Resolution No. 265-2004, providing for the annual levy for wastewater assessments recorded June 23, 2005 in Book 2126, Page 511. 22. Terms and conditions of the Monroe County Planning Commission Resolution No. P21-07 recorded July 13, 2007 in Book 2308, Page 801. MONROE COUNTY ORLDOCS 129558971 12 OFFICIAL RECORDS Exhibit# 2 OCEANSIDE INVESTORS, LLC 5950 - 5970 Penninsular Avenue Stock Island, Florida LEGAL DESCRIPTION That parcel of land as more particularly described as follows: Doap 1962037 Bkp 2663 PgK 1960 UPLAND TERMINUS BOUNDARY LINE: A line being the Waterward Boundary Line as of July 1, 1975, lying in Hawk Channel in Section 36, Township 67 South, Range 25 East, Stock Island, Monroe County, Florida, and being more particularly described as follows: Commence at the Northeast Comer of Lot 3, Block 61, "George McDonalds Plat of a Part of Stock Island", according to the plat thereof as recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, Florida; thence South 00° 00' 00" East, along the East line of said Lot 3, a distance of 256.64 feet more or less to the Waterward Boundary Line as of July 1, 1975, and the Point of Beginning; of the herein described line; thence South 88° 44' 58" West, a distance of 58.05 feet; thence South 810 26' 20" West, a distance of 13.41 feet; thence South 48° 22' 45" West, a distance of 7.77 feet; thence South 09° 55' 20" West, a distance of 8.55 feet; thence South 00° 10' 09" West, a distance of 178.89 feet; thence South 010 46' 07" West, a distance of 53.90 feet; thence South 06° 39' 3 8" West, a distance of 34.06 feet; thence North 80° 11' 10" West, a distance of 19.75 feet; thence North 06° 04' 32" East, a distance of 30.53 feet; thence North 02° 25' 50" East, a distance of 53.34 feet; thence North 16° 29'47" West, a distance of 23.38 feet; thence North 40° 25'19" West, a distance of 21.08 feet; thence North 63° 50' 22" West, a distance of 18.30 feet; thence South 88° 24' 25" West, a distance of48.58 feet; thence South 80' 34' 05" West, a distance of 12.37 feet; thence South 81° 01' 04" West, a distance of 38.31 feet; thence South 77° 16'42" West, a distance of 50.24 feet; thence South 68° 46' 49" West, a distance of 24.66 feet; thence South 41° 39' 38" West, a distance of 17.34 feet; thence South 05° 19' 44" West, a distance of 26.43 feet; thence South 00° 5738" West, a distance of 45.02 feet; thence South 10° 31' 54" East, a distance of 26.49 feet; thence South 14° 28' 10" East, a distance of 29.44 feet; thence South 34° 09'00" East, a distance of 10.17 feet; thence South 650 59' 42" East, a distance of 13.79 feet; thence South 86° 2121" East, a distance of 27.69 feet; thence North 8° 00'36" East, a distance of 46.24 feet; thence North 81° 58'32" East, a distance of 35.50 feet; thence South 87° 38'26" East, a distance of 10.36 feet; thence South 00° 00'45" West, a distance of 38.74 feet; thence South 07' 17'00" West, a distance of 50.37 feet; thence South 01' 31' l 1" West, a distance of 60.24 feet; thence South 03°09'56" East, a distance of 56.98 feet; thence South 01017'35" West, a distance of 67.93 feet; thence South 24°27'36" West, a distance of 20.05 feet; thence North 70°07'27" West, a distance of 30.56 feet; thence North 39029104" West, a distance of 35.34 feet; thence North 20028'48" West, a distance of 25.13 feet; thence North 75°38'40" West, a distance of 38.00 feet; thence North 45°33'20" West, a distance of 17.49 feet; thence North 23030'00" West, a distance of 28.68 feet; thence North 43°31'59" West, a distance of 14.41 feet; thence South 88°3244" West, a distance of 24.78 feet; thence South 71 °33'38 West, a distance of 41.80 feet; thence South 89°52'50" West, a distance of 42.77 feet; thence South 82°14'18" West, a distance of 32.99 feet; thence South 73°17'44" West, a distance of 19.18 feet; thence South 79°38'41" West, a distance of 26.35 feet; thence South 82°50'54" West, a distance of 32.20 feet; thence South 8802731" West, a distance of feet 22.15; thence North 63004'54" West, a distance of 5.73 feet; thence South 5602223" West, a distance of 7.38 feet; thence South 85°25'56" West, a distance of43.08 feet; thence North 83°45'01" West, a distance of 31.16 feet; thence South 87° 16'53" West, a distance of 45.21 feet; thence South 86°20'31" West, a distance of 54.32 feet; thence South 88°07'13" West, a distance of 64.34 feet; thence North 89°56'25" West, a distance of 65.13 feet; thence North 88°59'04" West, a distance of 52.42 to the Point of Terminus and the end of the herein described line. PARCEL A: On the Island of Stock Island, and being Lot One (1), Block Sixty (60) according to George L. McDonald's Map of Lots One (1), Two (2), Three (3), Five (5) and Six (6) of Section Thirty Five (35), Lot Two (2) Section Thirty Six (36), Lot Three (3) Section Twenty Six (26), and Lot Two (2) Section Thirty Four (34), Township Sixty Seven (67) South, Range Twenty Five (25) East, recorded in Plat Book One (1 ), Page 55, Monroe County, Florida Records. AND ALSO PARCEL B: DocN 1962037 IBkp 2663 P90 1961 Being at a point on the South boundary line of Peninsula Avenue, 382 feet distant and West of the intersection of the South boundary line of Peninsula Avenue with the West boundary line of Maloney Avenue, from said Point of Beginning, continue in a West direction along the South boundary line of Peninsular Avenue extended a distance of 418 feet, thence at right angles and in a Southerly direction a distance of 520 feet; thence at right angles and in an Easterly direction a distance of 600 feet; thence at right angles and in a Northerly direction a distance of 184 feet; thence meandering the high water line in a Northwesterly and Northeasterly direction a distance of 450 feet, more or less, to the Point of Beginning and being in a subdivision of Lots 1, 2, 3, 5 and 6 of Section 35, Lot 2 of Section 36, Lot 3 of Section 26, Lot 2 of Section 34, Township 67 South, Range 25 East, Monroe County, Florida. ALSO PARCEL C; A parcel of submerged land in Hawk Channel in Section 36, Township 67 South, Range 25 East, Stock Island, Monroe County, Florida, being more particularly described as follows: Commencing at the Northeast corner of Lot 1, Block 60 of the Plat of STOCK ISLAND as recorded in Plat Book 1, Page 55, Public Records of Monroe County, Florida; thence run West along the North line of said Lot I and the Westerly extension thereof for a distance of 600 feet to the Northeast corner of a parcel of submerged land conveyed by The Trustees of the Internal Improvement Fund Deed No. 19811, dated June 12, 1951; thence South along the Westerly line of said parcel of submerged land conveyed by the Trustees, a distance of 520 feet to the Southwest comer of said parcel for the Point of Beginning of parcel of submerged land hereinafter described; thence continue South a distance of 251.6 feet; thence East a distance of 600 feet; thence North a distance of 251.6 feet to the Southeast comer of said parcel of submerged land conveyed by The Trustees of the Internal Improvement Fund by Deed No. 19811; thence West along the South line of said parcel a distance of 600 feet, more or less, to the Point of Beginning. ALSO PARCEL D: On the Island known as Stock Island and described according to the George McDonald's plat of a part of Stock Island, recorded in Plat Book 1, Page 55, Monroe County, Florida, as follows: Lots Two (2) and Three (3) in Block Sixty (60). ALSO PARCEL E: A parcel of formerly submerged land in Hawk Channel in Section 36, Township 67 South, Range 25 East, Monroe County, Florida, more particularly described as follows: Beginning at the Southeast comer of Lot 3, Square 60 of Plat titled "ALL LOTS 1, 2, 3, 5 and 6, SECTION 35; LOT 3, SECTION 26, LOT 2, SECTION 34, STOCK ISLAND, TOWNSHIP 67 SOUTH, RANGE 25 EAST', recorded in Plat Book 1, Page 55, Public Records of Monroe County, Florida, run South 435.6 feet; thence at right angles run West 200 feet; thence at right angles run North 435.6 feet to the Southwest comer of Lot 2, Square 60 of the above mentioned plat; thence meander the shoreline to an Easterly direction back to the Point of Beginning. ALSO PARCEL F: Doe# 1962037 Bk# 2663 Pg# 1962 On the Island known as Stock Island and described according to George L. McDonald's plat of a part of said Stock Island, recorded in Plat Book One (1), Page 55, Monroe County, Florida, as follows: Lots One (1) and Two (2) in Block Sixty One (61), together with a parcel of submerged land in the Straits of Florida, Section 36, Township 67 South, Range 25 East, located Southerly of and adjacent to Lots I and 2, Block 61, and described as follows: Begin at the intersection of the shoreline of Stock Island and the West line of said Lot 1, Block 61, according to said Plat of STOCK ISLAND; thence South along the West line of said Lot 1, Block 61 (extended) a distance of 435 feet to a point; thence East a distance of 200 feet to a point in the East line of said Lot 2, Block 61 (extended); thence North along the East line of Lot 2, Block 61 (extended) a distance of 475 feet, more or less to a point in the Southerly shoreline of Stock Island; thence Westerly along the meanders of said Southerly shoreline a distance of 210 feet, more or less, back to the Point of Beginning. PARCEL G: Lot 3 in Block 61 of STOCK ISLAND as shown on Plat of said STOCK ISLAND made by George L. McDonald and recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, Florida. ALSO PARCEL H: The portion of Maloney Avenue lying between Blocks 60 and 61 of George L. McDonald's Plat of a part of STOCK ISLAND, as recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, Florida. PARCEL I: A parcel of formerly submerged land in Hawk Channel in Section 35, Township 67 South, Range 25 East, Monroe County, Florida, and more particularly described as follows: Commence at the Northeast comer of Block 60 of a PLAT OF STOCK ISLAND as recorded in PIat Book 1, Page 55, of the Public Records of Monroe County, Florida; thence South 280 feet to the Southeast comer of the said Block 60 and the shoreline according to the said PLAT OF STOCK ISLAND and the Point of Beginning of the parcel of land herein described; thence continue South 435.60 feet to a point; thence East 60 feet to a point; thence North 435.60 feet to a point; thence West 60 feet back to the Point of Beginning. ALSO PARCEL I: A parcel of land on the Island known as Stock Island, Monroe County, Florida, more particularly described by the following metes and bounds description: Commence at the Northwest comer of Lot 2, Block 60, according to George McDonald's Plat of said Stock Island as recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, Florida; thence run South along the West line of said Lot 2 and the extension of said West line, 715.60 feet to the Point of Beginning; thence continue South, 56.0 feet; thence West 381.3 feet, more or less, to the Westerly face of an existing concrete pier; thence Southerly along a line deflected 93000 left, 30 feet, more or less; thence along the Mean High Water Line the following 15 courses: (NOTE: Missing call of East 376.50') Thence 87°00 deflected left (DL), 200 feet, more or less; Thence 27*00 deflected left, 30.00 feet, more or less; Thence 38*30 deflected right, 18.5 feet, more or less; Doca 1962037 Thence 40*00 deflected left, 13.0 feet, more or less; Bkp 2663 Pgp 1963 Thence 46*50 deflected right, 45.0 feet, more or less; Thence 72*00 deflected left, 75.5 feet, more or less; Thence 27*00 deflected right, 25.0 feet, more or less; Thence 64*00 deflected right, 94.5 feet, more or less; Thence 47*20 deflected right, 52.5 feet, more or less; Thence 37*40 deflected left, 37.5 feet, more or less Thence 54°15 deflected left, 24.5 feet, more or less; Thence 72*00 deflected left, 40.0 feet, more or less; Thence 28°20 deflected left, 118.5 feet, more or less; Thence 56*10 deflected left, 231.9 feet, more or less; Thence West, 378.80 feet back to the Point of Beginning. LESS (CONDOMINIUM): A parcel of land located in Section 36, Township 67 South, Range 25 East, Stock Island, Monroe County, Florida, and being more particularly described as follows: Commence at the Northeast comer of Lot 3, Block 61, GEORGE MCDONALD'S PLAT OF A PART OF STOCK ISLAND, according to the plat thereof as recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, Florida; thence South for a distance of 265.88 feet; thence West for a distance of 100.00 feet; thence South for a distance of 339.68 feet; thence West for a distance of 67.20 feet to the Point of Beginning; thence meander the approximate Mean High Water Line for the following twenty-two (22) metes and bounds; thence South 04° 53'14" West, a distance of 50.44 feet; thence South 030 31'10" West, a distance of 60.33 feet; thence South 04° 56'57" East, a distance of 108.26 feet; thence South 06' 27'03" West, a distance of 123.44 feet; thence South 57' 33'15" West, a distance of 86.74 feet; thence South 81 ° 19'27" West, a distance of 44.77 feet; thence North 74° 55'09" West, a distance of 14.27 feet; thence North 38° 1422" East, a distance of 83.55 feet; thence North 21° 12'00" East, a distance of 20.97 feet; thence North 28' 26`29" East, a distance of 45.45 feet; thence North 08° 28'07" East, a distance of 14.52 feet; thence North 44° 5755" West, a distance of 32.0 feet; thence North 45° 09' 29" West, a distance of 12.09 feet; thence South 87° 09' 32" West, a distance of 29.15 feet; thence North 75° 12`35" West, a distance of 17.77 feet; thence North 230 09' 22" West, a distance of 52.43 feet; thence South 89° 35'35" West, a distance of 7.15 feet; thence North 00° 10' 56" East, a distance of 7.23 feet; thence South 79° 00' 39" West, a distance of 63.72 feet; thence North 79' 00'34" West, a distance of 28.33 feet; thence South 77° 00' 5 1 " West, a distance of 80.86 feet; thence North 88° 49' 09" West, a distance of 41.75 feet; thence leaving the said Mean High Water Line for a distance of 103.41 feet; thence East for a distance of 81.33 feet; thence North for a distance of 12.00 feet; thence East for a distance of 157.53 feet to a point of curvature of a curve concave to the Northwest, thence left along the said curve, having for its elements a radius of 32.00 feet and a central angle of 90° 00` 00" for a distance of 50.27 feet to a point of tangency-, thence North for a distance of 36.77 feet; thence East for a distance of 106.74 feet to the Point of Beginning. LESS THE FOLLOWING PIERS: NORTH PIER: On Stock Island, Monroe County, Florida, and is a parcel of submerged land lying South of Block 60, according to Geo. McDonald's Plat of Stock Island as recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, Florida; and the said Parcel being described by metes and bounds as follows: Commence at the point of intersection of the centerline of Maloney Avenue with the centerline of Peninsular Avenue; thence South along the centerline of Maloney Avenue and the Southerly extension thereof for a distance DOOR 1962037 8ka 2663 PS" 1964 of 290.23 feet to a point; thence West 228.63 feet to the Point of Beginning of the parcel of land being described herein; thence South for a distance of 109 feet to a point; thence West for a distance of 390.55 feet to a point; thence South 03' 11' 40" East for a distance of 5.17 feet to a point; thence South 86° 48' 20" West for a distance of 33.50 feet to a point; thence North 03' 11' 40" West for a distance of 119.9 feet to a point; thence North 86' 48' 20" East for a distance of 33.50 feet to a point; thence South 03' 11' 40" East for a distance of 5.49 feet to a point; thence East for a distance of 398.11 feet back to the Point of Beginning. MIDDLE PIER: On Stock Island, Monroe County, Florida, and is a parcel of submerged land lying South of Block 60, according to Geo McDonald's Plat of Stock Island as recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, Florida; and the said parcel being described by metes and bounds as follows: Commence at the point of intersection of the ccnterline of Maloney Avenue with the centerline of Peninsular Avenue; thence South along the centerline of Maloney Avenue and the Southerly extension thereof for a distance of 290.23 feet to a point; thence West 228.63 feet to a point; thence South for a distance of 191.89 feet to the Point of Beginning of the parcel of land being described herein; thence continue South for a distance of 127 feet to a point; thence West for a distance of 348.48 feet to a point; thence South 03° 11' 40" East for a distance of 13.19 feet to a point; thence South 86° 49' 20" West for a distance of 45 feet to a point; thence North 03' 11' 40" West for a distance of 16 feet to a point; thence South 86' 48' 20" West for a distance of 20 feet to a point; thence North 03' 11' 40" West for a distance of 125 feet to a point; thence North 86' 48' 20" East a distance of 20 feet to a point; thence North 03° 11' 40" West a distance of 16 feet to a point; thence North 86' 48' 20" East a distance of 45 feet to a point; thence South 03° 11' 40" East for a distance of 16.61 feet to a point; thence East for a distance of 355.66 feet to the Point of Beginning. LESS THE FOLLOWING PIER: SOUTH PIER: On Stock Island, Monroe County, Florida, and is a parcel of submerged land lying South of Block 60, according to Geo. McDonald's Plat of Stock Island, as recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, Florida, and the said parcel being described by metes and bounds as follows: Commence at the point of intersection of the centerline of Maloney Avenue with the centerline of Peninsular Avenue; thence South along the centerline of Maloney Avenue and the Southerly extension thereof for a distance of 290.23 feet to a point; thence West 228.63 feet to a point; thence South for a distance of 416.99 feet to Point of Beginning of the parcel of land being described herein; thence continue South for a distance of 97 feet to a point; thence West for a distance of 408.80 feet to a point; thence North 03' 11'4 0" West for a distance of 115 feet to a point; thence North 86° 48' 20" East for a distance of 38.34 feet to a point; thence South 03' 11' 40" East for a distance of 20 feet to a point; thence East for a distance of 375.82 feet back to the Point of Beginning. LESS THE FOLLOWING PARCEL: DRY STORAGE: A parcel of land located in Section 36, Township 67 South, Range 25 East, Stock Island, Monroe County, Florida, and being more particularly described as follows: Commence at the Northeast corner of Lot 3, Block 61, GEORGE MCDONALDS PLAT OF A PART OF STOCK ISLAND, according to the plat thereof as recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, Florida; thence South for a distance of 167,57 feet; thence West for a distance of 103.06 feet to the Point of Beginning; thence South 89' 59' 20" West for a distance of 182.26; thence South 00° 00' 40" East for a distance of 120.31 feet; thence North 89' 59' 20" East for a distance of 182.26 feet; thence North 00' 00' 40" West for a distance of 120.31 feet to the Point of Beginning. RE and Alternative Key Numbers RE Numbers Alternative Key Numbers 00127420-000100 8884257 00127420-000000 1161624 (a 0 r-I -------- - ---- I la 01 HUM -------------------------- % ---------- ........ ........................................................ ... ...... ;P ............................... L -------------------------------------------------------- ........................ ................................................... mum Exhibit# 3 a fill s W X0O an N cn cpw w CD rr HIM Agog V51 -------------------- ::::::� Exhibit# 4 OFFICIAL RECORDS FILE # 9 6 4 Q 5 2 BK#1 4 2 0 PG*2 1 3 4 RCD Sep 06 1996 11t59A11 DANNY L KOLHAGE, CLERK DOCO 1962037 I� MONROE COUNTY, FLORIDA' MINOR"CONDITIONAL USE DEVELOPMENT ORDER #12-96 A DEVELOPMENT ORDER GRANTING THE REQUEST OF SCOTT OROPEZA FOR A MINOR CONDITIONAL USE TO CONSTRUCT A 9,600 SQ. FT. BUILDING TO BE USED FOR STORAGE ON PROPERTY DESCRIBED AS LOTS 1, 2, AND 3, BLOCK 61, MALONEY SUBDIVISION, STOCK ISLAND, SECTION 35, TOWNSHIP 67 SOUTH, RANGE 25 EAST, STOCK ISLAND, MONROE COUNTY, FLORIDA, APPROXIMATE MILE MARKER 5. THE LAND USE DESIGNATION IS MIXED USE AND THE REAL ESTATE NUMBER IS 0127420-000100. is WHEREAS, Scott Oropeza is the owner of real property de- scribed as Lots 1, 2, and 3, Block 61, Stock Island, Monroe Coun- ty, Florida and having real estate number 0127420-000100 ; and WHEREAS, Scott Oropeza applied for a minor conditional use approvalto construct a 9,600 sq. ft. building to be used for storage on the above -described property; and WHEREAS, the above -described property is located in the Mixed Use land use district; and WHEREAS, on July .9, 1996, the Development Review Committee of Monroe County, Florida, in accordance with the provisions of Sections 9.5-24 and 9.5-68 of the Monroe County Land Development Regulations, met to review the request of Scott Oropeza; and WHEREAS, the Development Review Committee reviewed the fol- lowing documents relevant to Scott Oropeza's request: 1. Application for Development Approval filed by Scott Oropeza, including a sealed site plan drawn by Gonzalez Architects and dated April 10, 1996, a survey prepared by Frederick H. Hildebrandt on November 3, 1995, drainage plans and calculations prepared by Frederick H. Hildebrandt It on April 10,-1996, and a Level 1 traffic study prepared by Kimley-Horn and Associates, Inc.; and page 1 MOROPEZ.04/TXTDR,072096,91091 Tnit-i=l )I Doc" 1962037 1989 K I L N # 9 6 4 8 '.i 3 HK#1 4 2 0 PGt2 1 3 5 2. Staff report submitted by Jill Jernigan, Monroe County De- velopment Review Planner and Dianna Stevenson, Monroe Coun- ty Biologist dated June 24, 1996 to the Development Review Committee recommending approval with conditions; and 3. Coordination letters from the following agencies: a) City Electric System dated May 24, 1996; b) Florida Department of State, Division of Historic Re- sources dated May 28, 1996; c) Florida Keys Aqueduct Authority dated May 16, 1996; d) Florida Department of Health and Rehabilitative Servic- es dated May 17, 1996; e) Monroe County Recycling Department dated May 23, 1996; f) Monroe County Fire Marshall dated May 14, 1996; and WHEREAS, based on the information and documentary evidence submitted, the Development Review Committee made the following findings of fact and conclusions of law: 1. Based on the drainage plans submitted by the applicant, it appears that all stormwater will be retained on site. How- ever, until the drainage calculations are reviewed by the County Engineer, compliance cannot be determined; and 2. The applicant did not submit a written explanation of how ■ construction debris'is to be stored and removed from the project site. Therefore, the proposal is not in compliance with Sec. 8-85 of the Monroe County Code; and 3. It is the policy of Monroe County to not issue new permits for nonresidential development until Policies 101.3.5 and 101.5.5 of the Year 2010 Comprehensive Plan are implemented unless the development is federally tax exempt or is vested pursuant to Policy 101.18.2 of the Year 2010 Comprehensive Plan. Based on the fact that the proposed development is nonresidential in nature, has not received a determination of vested rights and is not federally tax exempt, we find that the applicant is subject to the provisions of Policy 101.5.5. Therefore, we conclude that once Policies 101.3.5 and 101.5.5 are implemented, the proposed development will be subject to the nonresidential rate of growth ordinance. WHEREAS, the Development Review Committee, based on its findings of fact, recommended that the Planning Director grant minor conditional use approval to Scott Oropeza with condi- tions; and WHEREAS, the Planning Director has duly considered the rec- ommendation of the Development Review Committee and the informa- tion and documentary evidence submitted; and 0 page 2 MOROPEZ.04/TXTDR,072096,91091 Initial/'_" '. Doc# 1962037 Bk# 2663 P9# 1970 FILE #964852 BK#1 4 20 PG#2 1 3 6 WHEREAS, the Planning Director supports the recommendation of the Development Review Committee to approve with conditions the minor conditional use application submitted by Scott Oropeza; and WHEREAS, the record established, the testimonies offered, and the evidence submitted support the findings of fact adopted by the Development Review Committee; NOW THEREFORE, BE IT RESOLVED BY THE PLANNING DIRECTOR OF MONROE COUNTY, FLORI- DA, that: The application for a minor conditional use approval sub- mitted by Scott Oropeza for a 9,600 sq. ft. building to be used for storage, located on property described as Lots 1, 2, and 3, Block 61, Stock Island, Section 35, Township 67 South, Range 25 East, Tallahassee Meridian, Stock Island, Monroe Coun- ty, Florida is hereby APPROVED, with the following conditions: 1) Prior to the issuance of a building permit, the final plans shall be reviewed by the County Engineer for compliance with Sec. 9.5-293, Surface Water Management. 2) Prior to the issuance of a building permit, the applicant shall provide the Building Department with a written expla- nation of how construction debris is to be stored and re- moved from the site. 5) Prior to the issuance shall either gain an mit allocation system rights. Date: 7/23110/ 71 of a building permit, the applicant allocation in the nonresidential per - or receive a determination of vested Timothy J. McGa�—AICP Director•of Planning I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State of Florida and in the County of Monroe, to take acknowledgments, personally appeared Timothy J. McGarry, known to me to be the person described in and who exe- cuted the foregoing instrument and he acknowledged before me that he executed the same. WITNESS my hand and official seal in the Countx and State last aforesaid this o2,3 day of _j k l gq�0 NOTART P 9 LIC, STATE OF FLORIDA FIR; RL N fA AL MARY DIAN li BAIR 'NOTARY PUBLIC STATE OF FI, PIDA COMMISSION NO. CC31320'.q page 3 Ay COMMISSION EXP. SEFF 11,19cn MOROPEZ.04/TXTDR,072096,91091 Initia7� DocO 962037 6� BkN Bkq 2663 Pgp 1971 NOTICE FILE 996485 2 BK#1 4 2 0 PG#2 1 3 7 Section 9.5-72.(a) of Monroe County Code states that a condition- al use permit shall not be transferred to a successive owner without notification to the Development Review Coordinator with- in five (5) days of the transfer. Under the authority of Section 9.5-72(a) of the Monroe County Land Development Regulations, this development order shall be- come null and void, with no further notice required by the Coun- ty, unless a complete building permit application for site prepa- ration and building construction with revised plans as required herein is submitted to the Monroe County Building Official with- in six (6) months of the expiration of the Department of Communi- ty Affairs appeal period or the date when the Department of Com- munity Affairs waives its appeal and all required certificates of occupancy are procured within three (3) years of the date this development order is approved by the Planning Director. If this development order is appealed under the Monroe County code or by the Department of Community Affairs, the above time limits shall be tolled until the appeals are resolved. This instrument shall not take effect for thirty (30) working days following the date of memorialization thereof, and during that time permit shall be subject to appeal as provided in Sec- tion 9.5-521 of the Monroe County land development regulations. An appeal shall stay the effectiveness of this instrument until resolved. In addition, please be advised that pursuant to Chapter 9J-1, Florida Administrative Code, this instrument shall not take ef- fect for forty five (45) days following the rendition to the Florida Department of Community Affairs. During that forty-five days, the Florida Department of Community Affairs may appeal this instrument to the Florida Land and Water Adjudicatory Com- mission, and that such an appeal stays the effectiveness of this instrument until the appeal is resolved by agreement or order. The implementation of the Monroe Plan may affect the ability of th visions of this development order. MOROPEZ.04/TXTDR,072096,91091 e County Year 2010 Comprehensive applicant to fulfill the pro- page 4 MONROE COUNTY OFFICIAL RECORDS Initial_ ' FILE # 1 1 4 0 8 3 4 RCD At MONROE COUNTY BK# 1 5 g 3 PG# 6 2 3 DANNY OFFICIAL RECORDS RESOLUTION NO. P52-97 A RESOLUTION BY THE MONROE COUNTY PLANNING COM- MISSION APPROVING WITH CONDITIONS THE REQUEST OF DOUGLAS WALKER, FOR AN AMENDMENT TO A MAJOR CONDITIONAL USE TO CONSTRUCT TWENTY-TWO (22) ATTACHED DWELLING UNITS (2-LEVEL, 2BR CONDOMINI- UM UNITS AT 1,480 S.F. EACH); ONE (1) SWIMMING POOL; A 372 S.F. POOL HOUSE & OFFICE; A 120 S.F. OBSERVATION GAZEBO WITH AN ASSOCIATED WALKWAY; A 22,000 S.F. BOAT STORAGE BUILDING; A 2,485 S.F. ADDITION TO THE EXISTING SAILFISH RESTAURANT; AND RENOVATIONS TO THE BAIT SHOP, THE DOCK MAS- TER'S OFFICE AND THE FUEL TANKS ON PROPERTY DESCRIBED AS LOTS 1, 2, AND 3, BLOCK 60, AND PART OF LOTS 1 AND 2, BLOCK 61, MALONEY SUBDIVI- SION, STOCK ISLAND, MONROE COUNTY, FLORIDA, MILE MARKER 5. THE LAND USE DESIGNATION IS MIXED USE (MU) AND THE REAL ESTATE NUMBER IS 00127420. Exhibit# 5 Xo 2t n N CD r W wm N m "Ma m +� :s H lD N V WHEREAS, during a regular meeting held on July 10, 1997, the Monroe County Planning Commission conducted a public hearing on the request filed by Douglas Walker for an amendment to a major conditional use to Oceanside Marina; and WHEREAS, the proposed development is located on property legally described as lots 1, 2, and 3, Block 60, and part of lots 1 and 2, Block 61, Maloney Subdivision, Stock Island, Monroe County, Florida; and WHEREAS, the above -described property is located in the Mixed Use (MU) land use district; and WHEREAS, the Planning Commission was presented with the following evidence, which by reference is hereby incorporated as a part of the record of said hearing: 1. The Major Conditional Use Permit Application received by Monroe County Planning Department on February 3, 1997 including a site plan dated January 24, 1997, a survey dated January 30, 1997, elevation drawings dated January 24, 1997, a revised level 3 traffic study dated June 6, 1997, a revised site plan dated July 3, 1997; and 2. The staff report prepared by Edward Koconis, Development Review Planner and Ralph Gouldy, Environmental Planner dated June 12, 1997; and page 1 of 4 AMWALKER.16/TXTDR, #97021 Initials FILE #1. 1..44QfS34 BK# 1 5 9 3 PG#6 2 4 3. The amendment to the staff report prepared by Edward Koconis, Development Review Planner and Ralph Gouldy, Environmental Planner dated June 26, 1997; and �rr 4. The sworn testimony of the Growth Management Staff; and 5. The presentation by Jose Gonzalez of Gonzalez Archi- tects, agent for the applicant; and WHEREAS, the Planning Commission has made the following Findings of Facts and Conclusions of Law based on the evidence presented: Based on the site plan, we find that the applicant is propos- ing an increase in the commercial floor area developed on the site. Therefore, we conclude that the proposed commercial development is subject to Objective 101.3 of the Year 2010 Comprehensive Plan and must receive allocations in the non- residential permit allocation system or receive a determina- tion of vested rights; and 2. Based on the application, we find that 22 residential units are being proposed. Therefore, we conclude that the residen- tial units are subject to the provisions of sections 9.5-120 through 124, the Rate of Growth Ordinance (ROGO) which re- quires that the dwelling units be granted allocations prior to building permits being issued; and 3. Based on the site plan, the applicant is proposing 22 dwell- ing units which is the maximum net density permitted on the site pursuant to Section 9.5-262 of the Monroe County Code. Therefore, we conclude that 18.31 Transferable Development Rights (TDRs) are needed in order to construct the proposed development; and 4. Based on the application, the applicant is requesting a waiv- er of the shoreline setback to add a second floor and veran- das to the existing tackle shop and dock master office which are located within the shoreline setback. We conclude that there is not sufficient justification to waive the setback to add the second floors. However, a waiver of the shoreline setback is justified for renovations only due to the exis- tence of these structures within the shoreline setback, the fact that renovations to the buildings will not increase the impermeable area within the setback and the fact that mea- sures will be taken to channel runoff away from the waterbody; and 5. Based on the revised site plan, the residential structures and restaurant conform to the height limit of 35'. While acceptable structure heights have been submitted in the form of a letter, heights of all structures must be included on revised plans. Therefore, we conclude that the project is not in compliance with Section 9.5-283; and page 2 of 4 AMWALKER.16/TXTDR, #97021 Initials wo a3Z N wrn N C9 W a w J w 6. Based on a meeting with the applicant, the applicant has stated that no more than 205 boats will be in dry slips, however, the number of dry slips in these buildings has not been indicated on the plans. Therefore, we conclude that the project is in compliance with Section 9.5-351 as long as the entire site has no more than 205 boats stored in dry slips; and 7. Based on the application, we find that the required x hi H stormwater management plan, including the calculations, has " M not been submitted. Therefore, we conclude that until the Fi County Engineer approves the plan, the project is not in µ compliance with Section 9.5-293; and N 8. Based on the community impact report, we find that the appli- cant has proposed to abandon the existing sewage treatment plant and replace it with a package sewage system. The appli- 00 cant has initiated coordination with the Florida Department W of Environmental Protection (DEP) but has not received a DEP N permit. Therefore, we conclude that compliance cannot be determined with Section 9.5-294 until an approved application U1 from DEP is submitted; and 9. Based on the boundary survey, elevation plans, and the re- c000 vised site plan, we find that the lowest supporting beam of no two (2) structures (condominium buildings) located in a VE K) (high -hazard area) zone is not elevated to the proper height. w(D Therefore, we conclude that the project is not in compliance m with Section 9.5-317; NOW THEREFORE, a-4 BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY, o-• FLORIDA, that the preceding Findings of Fact and Conclusions of Law, support their decision to APPROVE the Major Conditional Use request of Douglas Walker for Oceanside Marina with the fol- lowing conditions; 1. If vesting is not granted the project shall be subject to the existing commercial moratorium. 2. 18.31 TDRs shall be approved as a minor conditional use prior to the submission of a building permit for the construction of the four (4) condominium buildings. 3. Plans indicating the heights of all structures with points of reference shall be submitted to the Planning Department prior to approval of the Planning Commission Resolution. 4. Boat storage shall be limited to 205 dry slips. 5. The stormwater management plan and calculations shall be sub- mitted and approved by the County Engineer prior to the issu- ance of a Building Permit. page 3 of 4 AMWALKER.16/TXTDR, ##97021 Initials'' 6. Plans indicating finished floor elevations of all structures shall be submitted to the Planning Department and all struc- tures shall conform to the Flood Management Criteria of Sec- tion 9.5-317 prior to approval of the Planning Commission �r Resolution. 7. A waiver is granted for renovations to the tackle shop, dock W m master's office and fuel tank structure provided that the � r roofs have gutters installed to channel runoff away from the H W water in accordance with the stormwater management plan. No L waiver is granted for second floor additions to any building N within the shoreline setback. WF� S. A permit from Department of Environmental Protection for the proposed package sewage system shall be submitted to the OD OD Planning Department prior to the issuance of a Building Per- mit. a1 W N �A 9. All residential units are subject to the Residential Rate of Growth Ordinance. PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a regular meeting held on the 10th day of We July, 1997. a N Chair Hansley Y w Vice -Chair Nugent Y Commissioner Chaplin Y to Commissioner Mannillo Y n Commissioner Gorsuch Y PLANNING COMMISSION OF AND � MONROE COUNTY, FLORIDA ANDi S CY BY BY 14mo—nzy's I Efilly Gorsuch, Chair Signed h' s _J_k day of �}UGi/S % 1999. 1 Z I page 4 of 4 AMWALKER.16/TXTDR, #97021 Initialsift Doen 1652965 07/13/2007 3:36PM Flied 8 Rscorded in Official Records of MONROE COUNTY DANNY L. ICOLHAGE br F NNS Doca 1652--- Bka 2308 Pnp 801 Doca 1962037 Bkp 2663 P99 1976 WHEREAS, during a regularly scheduled public meeting held on April 11, 2007, the Monroe County Planning Commission conducted a review and consideration of the request filed P21-07 Page 1 of 8 Kings Pointe Marina Amendment to a Major Condiiional Use DocK 1652965 8ka 2308 P9a 802 by Kings Pointe Marina LLC for an amendment to a major conditional use permit pursuant to Monroe County Code (MCC) §9.5-69; and WHEREAS, the Applicant's predecessor in interest obtained a conditional use permit for this property pursuant to Planning Commission Resolution P52-97 signed August 18, 1999 for the construction of twenty-two (22) attached permanent market rate dwelling units; one (1) swimming pool; a 372 ft2 pool house; a 120 ft2 observation gazebo; a 22,000 ft2 boat storage building; a 435 ft2 addition to an existing 225 ft2 dock master's office; a 1,670 ft2 addition to an existing tackle shop and a 2,485 ft2 addition to an existing restaurant; and WHEREAS, the Applicant is proposing to amend the Conditional Use in order to REMOVE an existing maintenance, sales office & tackIe shop (2,870 ft2), bath house (1,232 ft2), warehouse (9,600 ft2), dock master building (660 ft2), and dry boat storage building (30,090 ft2); and CONSTRUCT thirty — two (32) new, attached market rate units for vacation rental use; add two (2) new boat barns (53,040 ft2), Eight (8) Wet slips, a retail/ dock masters office and bait house including shower facilities (2,625 ftz) intended for use by wet slip owners; an outdoor bar addition (735 0' flood proof a storage area (2,160 ft2) under the existing vacant restaurant building, privatize a new operational restaurant and provide a gated entrance; and WHEREAS, the subject property is located at 5970 Peninsular Avenue, Stock Island; and WHEREAS, the above described property is located in the Mixed Use (MU) land use district and has the corresponding Mixed Use/Commercial (MC) future land use map designation; and WHEREAS, the item was heard at a regularly scheduled meeting of the Development Review Committee on March 19, 2007; and WHEREAS, the Planning Commission was presented with the following evidence, which by reference is hereby incorporated as part of the record of said hearing: I) The Application for an Amendment to a Major Conditional Use received by the Monroe County Planning and Environmental Resources Department, including the plans and surveys listed in attachment A; 2) The staff report prepared by Julianne Thomas, Planner dated April 2, 2007, with attachments, said attachments including a Chapter 380 Agreement between Overseas Redevelopment Company, Monroe County and the Florida Department of Community Affairs, and a Memorandum dated March 10, 2007, to Andrew Trivette, Acting Director of Growth Management from the County Attorney; 3) The sworn testimony of the Growth Management Division Staff; 4) The sworn testimony of the Applicant and Applicant's witnesses; 5) Sworn testimony by the public; 6) Exhibits provided by the Applicant; and P21-07 Page 2 of 8 Kings Pointe Marina Amendment to a Major Conditional Use WO an° a N Cf#-+ wm N �W �Q J u to Dock 1652965 Bk# 2308 P9# 803 WHEREAS, the Planning Commission heard argument and explanation from Tim Koenig, attorney for the Applicant; and WHEREAS, advice and counsel were provided by Susan Grimsley, Assistant County Attorney and by John Wolfe, Attorney for the PIanning Commission; and WHEREAS, MCC § 9.5-65 provides the standards which are applicable to all conditional use permits which are as follows: Sec. 9.5-65. Standards applicable to all conditional uses. When considering applications for a conditional use permit, the director of planning and the planning commission shall consider the extent to which: (a) The conditional use is consistent with the purposes, goals, objectives and standards of the plan and this chapter; (b) The conditional use is consistent with the community character of the immediate vicinity of the parcel proposed for development; (c) The design of the proposed development minimizes adverse effects, including visual impacts, or the proposed use on adjacent properties; (d) The proposed use will have an adverse effect on the value of surrounding properties; (e) The adequacy of public facilities and services, including but not limited to roadways, park facilities, police and fire protection, hospital and Medicare services, disaster preparedness program, drainage systems, refuse disposal, water and sewers, judged according to standards from and specifically modified by the public facilities capital improvements adopted in the annual report required by this chapter; (f) The applicant for conditional use approval has the financial and technical capacity to complete the development as proposed and has made adequate Iegal provision to guarantee the provision and development of any open space and other improvements associated with the proposed development; (g) The development will adversely affect a known archaeological, historical or cultural resource; (h) Public access to public beaches and other waterfront areas is preserved as a part of the proposed development; and (i) The proposed use complies with all additional standards imposed on it by the particular provision of this chapter authorizing such use and by all other applicable requirements of the Monroe County Code. WHEREAS, the Planning Commission has determined that the application meets the standards required in MCC § 9.5-65by the design submitted and by the assignment of the conditions of this resolution; and WHEREAS, the Staff report recommends that any new development on the Kings Pointe site incorporate appropriate noise reduction and protection methods. WHEREAS, after consideration of the testimony and evidence presented, the Planning Commission makes the following findings of Fact and Conclusions of Law: P21-07 Page 3 of 8 Kings Pointe Marina Amendment to a Major Conditional Use xo as N a7 r+ w all N CS -Ow m -4 a co 4 0o Doc# 1652965 Bkp 2308 Pgp 804 The 32 ROGO units, including development rights, may be transferred according to the terms of the 380 Agreement from Overseas Redevelopment Company, LLC to the Kings Pointe project according to the terms of that Agreement, which allows transfer after a building permit is issued for the Affordable Units to be built at Overseas Trailer Park. This transfer will provide compliance for MCC §9.5-120 and §9.5-265. 2. Vacation Rental Use is allowed because it is not specifically prohibited as it is in other provisions of the MU zoning regulations, it can be regulated as part of this conditional use process, and is therefore allowed pursuant to other terms and conditions as set forth in the MCC governing vacation rentals. This finding brings the project into compliance with MCC §9.5-248. 3. The project is in compliance with Minimum Yards (MCC §9.5-281) as a variance request was approved to reduce the front yard setback from twenty-five (25) feet to twenty (20) feet for 260 feet of the frontage along Peninsular Avenue as stated in Planning Commission Resolution P19-07. 4. The project is in compliance with Parking Standards (MCC §9.5-352) because a variance request was approved reducing the number of off-street parking spaces from 322 spaces to 272 spaces and approving this request as stated in Planning Commission Resolution P20-07 . 5. Pursuant to MCC §9.5-354, the property is required to have two (2) 1 V x 55' loading and unloading zones. 6. Affordable housing criteria pursuant to MCC §9.5-266 are met by the terms of the 380 Agreement requiring 49 units of Affordable Employee Housing to be built at property commonly known as the Overseas Trailer Park, legally described as Lots 1-20, Maloney Subdivision, Stock Island, Monroe County, Florida, having Real Estate Numbers: 00125350.000000 and 00125360.000100, according to the terms of the Agreement, over riding any phasing requirements or simultaneous building at any location including Kings Pointe for purposes of this application.. 7. The conditional use does not violate the Interim Development Ordinance concerning working waterfronts because there is no further limitation on use by the public and therefore does not diminish public access nor result in the loss of working waterfront. The restaurant has not been functional for several years, the boat ramp will be accessible by the public, there will be some boat and trailer parking, gating will be done for security after work hours, and repair work may be done on site by mobile repair services. 8. Compliance with the following standards imposed on this conditional use application by the Land Development Regulations pursuant to MCC §9.5-65(i) will be determined by the Building Department upon submittal for a building permit to the Building Department: P21-07 Page 4 of 8 Kings Pointe Marina Amendment to a Major Conditional Use Wo as mw W N �w m v a Doc# 1962037 198� Doca 1652965 cy Bk# 2308 P90 805 1) Floodplain Management (MCC §§9.5-316 & 317) ; 2) Outdoor lighting (MCC §§9.5-391 - 393); 3) Handicap Accessibility (Chapter 11, Florida Building Code); 4) Air Installation Compatible Use Zone (AICUZ) Building Requirements required by the AICUZ applicable at he time of the major conditional use application. NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY, FLORIDA; Section 1. The request by Kings Pointe Marina LLC for an amendment to a major conditional use permit for the following is APPROVED subject to the conditions in Section 2: 1. Removal of an existing maintenance, sales office & tackle shop (2,870 W), bath house (1,232 ft2), warehouse (9,600 ft2), dock master building (660 ft2), and dry boat storage building (30,090 ft2). 2. Construction of thirty — two (32) new, attached market rate units for vacation rental use; addition of two (2) new boat barns (53,040 W), Eight (8) Wet slips, a retail shop/ dock masters office and bait house including shower facilities (2,625 ft2) intended for use by wet slip owners; an outdoor bar addition (735 0, flood proof storage (2,160 ft2) under the existing restaurant and a gated entrance. Section 2. The Approval is SUBJECT TO THE FOLLOWING CONDITIONS: 1. If the site is gated, the following conditions shall be met: a. The gate shall be open, at a minimum, one (1) hour prior to sunrise and stay open until (1) hour past sunset to provide for public access; b. There shall be a number posted on the outside of the gate providing a number to call if the gate is not open; c. The gate shall comply with all standards and requirements of the Fire Marshal and other public safety interests; 2. Prior to issuance of a building permit, a signed and sealed site plan resolving the following issues is required: d. The site plan shall show the two (2) 1 V X 55' loading and unloading spaces for the nonresidential uses; e. The site plan shall conform to the decisions of the Planning Commission with regard to the parking and front yard variances as determined in P19-07 and P20-07; f. The following requests of the County's traffic engineer shall be met: to show the design maneuverability through the site and at the project driveway and to show clear site visibility details at the access driveways; P21-07 Page 5 of 8 Kings Pointe Marina Amendment to a Major Conditional Use DocH 1962037 l 1 Coca 1647057 Bkk 2300 Pgq 704 9. The 32 sender units shall not be eligible for transfer until ORC has been 46, issued a building permit for the redevelopment of the property; and 10. Prior to a certificate of occupancy, ORC shall comply in all respects with the definition of "affordable housing" and "employee housing" in the Monroe County Code and shall additionally require each unit purchaser or occupant to be a member of the Monroe County workforce, i.e. to be gainfully employed, full time in Monroe County at the time of purchase or occupancy and to remain so employed for not less than five (5) years thereafter. L WHEREAS, condition three (3) has been partially satisfied by submittal of a letter of coordination from Key West Resort Utilities (KWRU) dated October 4, 2006 indicating that the site in question does at this time have the capacity to treat sewage generated from forty-three (43) residential units. The letter indicates that KWRU will guarantee the capacity for a period of one (1) year from the date of the letter. Additional coordination shall be conducted to demonstrate capacity for the remaining six (6) units once those are ready to be constructed on the property; and WHEREAS, condition four (4) has been partially satisfied by submittal of a letter of coordination from the South Florida Water Management District dated November 8, 2006 indicating that the project will require a General Environmental Resource Permit, this permit shall be allocated prior to building permit approval, or a letter from the South Florida Water Management District stating that a notice of "no permit required" is given for the proposed development; and WHEREAS, condition five (5) has been partially satisfied by submittal of a letter of coordination from the Monroe County Fire Marshal dated July 18, 2005 stating that fire protection plans indicating improvements to water supply via fire hydrant, for plan review, shall be submitted prior to issuapegof a building permit; and Date Aref Joulani, Senior Director of Planning & Environmental Resources I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments, personally appeared Aref Joulani, to me known to be the person described in and who executed the foregoing instrument and she acknowledged before me the she executed the same. rri WITNESS my hand and official seal in the County and State of 2007. %a d pm% CA aniza cauM+iMNNppM1181N D.O.02-07 File # 25089 Page 5 of 6 Initials_ DocK 1962037 Doc# 1652965 Skp 2663 Pg# 1981 Skit 2308 Pgo 806 g. A building permit for dwelling units at the Overseas Trailer Park pursuant to the ORC 380 agreement shall be obtained and provided to the Sr. Director of Planning & Environmental Resources before the issuance of building permits for the residential units may be permitted at Kings Pointe; h. The proposed western access drive and curb cuts shall receive approval from the County Engineer; i. Compliance by the following agencies and corresponding Sections of Code: i. County Engineer shall determine compliance with MCC § 9.5-293; ii. The Florida Department of Health and the Key West Resort Utility (KWRU) shall determine compliance with § 9.5-294; iii. Fire Marshal shall determine compliance with §9.5- 69; j. Boat Storage Buildings are limited to storage of boats; k. The portion of boat barn floor area that does not exceed 50% of the site's net buildable area is not governed by NROGO and shall not be eligible for offsite transfer if the boat barn is demolished or removed at a future date unless the floor area meets the criteria of a sender site pursuant to MCC §9.5-124.3(a)(10)a.; 1. The flood plain management standards shall be met; m. The site plan shall demonstrate that the energy and conservation standards have been met including showing where bicycle racks and scooter spaces will be placed on site; n. The outdoor lighting and applicable AICUZ standards in effect at the time of the application for major conditional use shall be met. 3. Prior to the issuance of a_y C.O., the marina pump out facility shaII be upgraded to comply with current standards. 4. The applicant shall provide a water quality monitoring system for the adjacent water body for a period of five (5) years after the completion of the development per MCC § 9.5-349. PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a regularly meeting held on the I I `s day of April, 2007. P21-07 Page 6 of 3 Kings Pointe Marina Amendment to a Major Conditional Use Doc# 1962037 Doep 265Z9b3 Bk# 2663 Pg# 1982 8kq 2308 P90 807 Chair Cameron Yes Vice Chair Wall Yes Commissioner Cates -Deal Yes Commissioner Popham No Commissioner Windle Absent PLANNING COMMISSION OF M. ONROE COUNTY, FLORIDA BY .1z'mes D. Cameron, Chair Signed this _ q day o f 2007 APPROVED 1S TO FORM AXD LEG, UFFICIBNCY D Y Aftotnev's Offico P21-07 Page 7 of 8 Kings Pointe Marina Amendment to a Major Conditional Use Docq 1962037 Bkq 2663 P9q 1983 Docq 1652965 Bkp 2308 Pgq 808 Attachment A: PLANS REVIEWED 1. Boundary survey by R.E. Reese, dated 2-23-07, revised 3-12-07, received 3-12-07 2. Site plan by WLW/LBR, Sheet S-1, dated 8/21/2006, revised 1-26-07, received 1-31- 07, signed & sealed 1.-26-07 3. Townhomes Site plan by WLW/LBR, Sheet S-2, dated 8/21/2006, revised 1-26-07 received 1-31-07, signed & sealed 1-26-07 4. Townhomes Site plan by WLW/LBR, Sheet S-3, dated 8/21/2006, revised 1-26-07 received 1-31-07, signed & sealed 1-26-07 5. Building H, Peninsular Townhouses, 16 units, Sheet A-2, Typical Pod Plans, by Peter M. Pike dated 1-24-07 6. Building H, Peninsular Townhouses, 16 units, Sheet A-3, Partial Elevations, by Peter M. Pike dated 1-24-07 7. Building "C" Cove Side South 4 Units, No Sheet Number, by Peter M. Pike dated 1- 24-07 8. Building "C" Cove Side East, 4 Units, No Sheet Number, by Peter M. Pike dated 1- 24-07 9. Building M, Marina Townhouses, 8 units, No Sheet Number, by Peter M. Pike dated 1-24-07 10. Sailfish Club, Ground Foundation Plan, Sheet A-2, by Peter M. Pike dated 1-22-07 11. Sailfish Club, Electrical Plan, Sheet E-1, by Peter M. Pike dated 1-22-07 12. Barn "A" Floor Plan, Sheet A-2, by Peter M. Pike dated 10-14-06 13. Barn "B" Floor Plan, Sheet A-3, by Peter M. Pike dated 10-14-06 14.Office Floor Plan, Sheet A-4, by Peter M. Pike dated 10-1.4-06 15. Office Floor Plan, Sheet A-5, by Peter M. Pike dated 10-14-06 16. Office Elevation, Sheet A-6, by Peter M. Pike dated 10-14-06 17. Elevations, Boat Barn A, Sheet A-7, by Peter M. Pike dated 10-14-06 18. Elevations, Boat Barn B, Sheet A-8, by Peter M. Pike dated 10-14-06 19. Entry Site Plan, Sheet S-4, by WLW/LBR, dated 8/21/2006, revised 1-26-07, received 1-31-07 20, Entry Elevation, Sheet S-5, by WLW/LBR, dated 8/21/2006, revised 1-26-07, received 1-31-07 21. Landscape Plan, Sheet L-1, by WLW/LBR, dated 8/21/2006, revised 1-26-07, received 1-31-07 P21-07 Page 8 of 8 Kings Pointe Marina Amendment to a :Major Conditional Use Exhibit# 7 M Doc* 1647057 06/08/2007 11:00AM Filed 8 Recorded in Official Records of MONROE COUNTY DANNY L. KOLHAGE OocN 1647, SM 2300 Pita 70 DocM 1962037 HAVING REAL ESTATE NUMBERS: 00125350.000000 AND 00125360.000100. YMEREAS, during a regularly scheduled meeting held on March 6, 2007, the Development Review Committee (DRC) of Monroe County, Florida, conducted a review and consideration of the request by Overseas Redevelopment Company (ORC) LLC., for an amendment to a minor conditional use pursuant to Sections 9.5-24 and 9.6-68 of the Monroe County Code; and WHEREAS, the subject property is located at 5302 MacDonald Ave, Stock Island, at approximate mile marker 5 and is legally described as Lots 1-20, Maloney Subdivision, Stock Island, Monroe County, Florida, having Real Estate Numbers: 00125350.000000 and 00125360.000100; and WHEREAS, the Development Review Committee reviewed the following documents and other information relevant to the request: 1. Application for and amendment to a minor conditional use approval of (49) attached and detached employee housing units, which included all documents required; and 2. Staff Report prepared by Heaven Lashley, Monroe County Planner, and Ralph Gouldy Sr. Director of Planning and Environmental Resources dated February 23, 2007; and 3. Monroe County Property Record Card; and D.0.02-07 %oitials File # 25089 Page I of 6 Doan 1647037 Ska 2300 Pop 701 4. Monroe County Land Use District Map and Monroe County Future Land Use Map; and 5. Conceptual Drainage Plan (C-1) by Perez Engineering & Development Inc, received February 14, 2007; and 6. Site Plan (Sl) by Thomas E. Pope, PA, signed and sealed dated 7/8/06, revised 2/12/07; and 7. Sworn Testimony of the Growth Management Staff; and WHEREAS, on May 3, 2006 Monroe County, the Department of Community Affairs (DCA), and ORC entered into an agreement pursuant to Section 380.023(3) of the Florida Statutes; and WHEREAS, per this agreement, the parties agreed that ORC had 63 ROGO units allocated to the property; and WHEREAS, per this agreement, ORC exchanged with Monroe County thirty one (31) market rate ROGO units for thirty one (31) affordable housing units; in addition Monroe County allocated eighteen (18) affordable ROGO units to redevelop the property into a 49 unit workforce housing community; and WHEREAS, on July 19, 2006 the Monroe County Board of County Commissioners adopted Resolution Number 273-2006, granting the aforementioned forty nine (49) affordable ROGO allocations to ORC; and WHEREAS, per the agreement, the remaining 32 market rate ROGO units retained by ORC shall be entitled for transfer at such time ORC has been issued a building permit for the redevelopment of the property; and WHEREAS, the Applicant is seeking development approval to convert sixty- three (63) mobile home sites to forty-nine (49) attached and detached employee housing units, pursuant to the 380 agreement mentioned above; and WHEREAS, the redevelopment proposal includes forty nine (49) attached and detached employee housing units, as well as the establishment of the subject property as a sender site for the transfer of thirty two (32) Transfer of ROGO Exemptions (TREs); and WHEREAS, the property is located in an Urban Residential (UR) Land Use District and has a Future Land Use Map designation of Residential High (RH); and WHEREAS, pursuant to Section 9.5-233 of the Monroe County Code, in the UR District, the redevelopment requires conditional use approval by the Monroe County Development Review Committee; and WHEREAS, based upon the information and documentation submitted, the Development Review Committee found: D.O.02-07 File # 25089 Page 2 of 6 Initials wo 2SO a Ow W N �w a� co ca DocN 1962037 Docn 1647057 Bk# 2663 P9tt 1986 Bk# 2300 NO 702 1. Section 9.5-65 of the Monroe County Code provides the standards which are applicable to all conditional uses. When considering applications for a conditional use permit, the Development Review Committee shall consider the extent to which: (a) The conditional use is consistent with the purposes, goals, objectives and standards of the Monroe County Year 2010 Comprehensive Plan and Monroe County Code; and (b) The conditional use is consistent with the community character of the immediate vicinity of the parcel proposed for development; and (c) The design of the proposed development minimizes adverse effects, including visual impacts, or the proposed use on adjacent properties; and (d) The proposed use will have an adverse effect on the value of surrounding properties; and (e) The adequacy of public facilities and services, including but not limited to roadways, park facilities, police and fire protection, hospital and Medicare services, disaster preparedness program, drainage systems, refuse disposal, water and sewers, judged according to standards from and specifically modified by the public facilities capital improvements adopted in the annual report required by the Monroe County Code; and (f) The Applicant for conditional use approval has the financial and technical capacity to complete the development as proposed and has made adequate legal provision to guarantee the provision and development of any open space and other improvements associated with the proposed development; and (g) The development will adversely affect a known archaeological, historical or cultural resource; and (h) Public access to public beaches and other waterfront areas is preserved as a part of the proposed development; and (i) The proposed use complies with all additional standards imposed on it by the particular provision of this chapter authorizing such use and by all other applicable requirements of the Monroe County Code; and 2. Staff found that the Applicant has demonstrated that all of the required standards shall be met and recommended approval of the amendment to a minor conditional use application with conditions; and 3. The Monroe County Development Review Committee found that the Applicant has demonstrated that all of the required standards shall be met; and WHEREAS, the Development Review Committee recommended approval with conditions of the application to the Director of Planning & Environmental Resources; and WHEREAS, the Director of Planning & Environmental Resources has duly considered the recommendation of the Development Review Committee and the information and documentation submitted by the Applicant; and D.O.o2-07 File # 25089 Page 3 of 6 Initials-& �4, DavN 1647057 BkN 2300 P9N 703 WHEREAS, the applicant submitted a revised final site plan (ST1) on 4/13/07 by Thomas E. Pope, PA, signed and sealed dated 3/6/07; and WHEREAS, the applicant submitted a final Landscape Plan (L1) on 4/I3/07 by Thomas E. Pope, PA, signed and sealed dated 3/6/07; and WHEREAS, the record established, the testimonies offered, and the evidence submitted, support the findings of fact adopted by the Development Review Committee; and NOW THEREFORE, BE IT RESOLVED BY THE DIRECTOR OF PLANNING & ENVIRONMENTAL RESOURCES OF MONROE COUNTY, FLORIDA that the request by Overseas Redevelopment Company, LLC. for an amendment to a minor conditional use permit to redevelop the existing mobile home park by constructing forty nine (49) attached and detached employee housing units, as well as the establishment of the subject property as a sender site for thirty two (32) Transfer of ROGO Exemptions (TREs), at property legally described as Lots 1-20, Maloney Subdivision, Stock Island, Monroe County, Florida, having Real Estate Numbers 00125350.000000 & 00125360.000100, is hereby APPROVED with the following conditions 1. Prior to a certificate of occupancy, permanent structures shall be placed at 2. least ten (10) feet from any other permanent structure; and Prior to a certificate of occupancy, no structures shall be permitted in the required buffer yards and set backs; and 3. Prior to the issuance of a building permit, a letter of coordination from Key West Resort Utilities (KWRU) shall be received indicating that the site in question does at this time have the capacity to treat sewage generated at this site; and 4. Prior to the issuance of a building permit, a letter of coordination and approval for either a General Environmental Resource Permit, or a notice of "no permit required" given for the proposed development shall be received from the South Florida Water Management District; and 5. Prior to the issuance of a building permit, approval from the Monroe County Fire Marshall shall be received by the building department; and 6. The 32 sender units shall be assigned the following unique identifier numbers; A-0267 through A-0298, to be used for tracking and monitoring by the Planning & Environmental Resources Department; and 7. The 32 sender units may not be transferred beyond the Lower Keys District boundaries unless and until the nutrient credit reduction system is officially dispensed as a result of of#icial state action or judicial decree; and 8. The 32 sender units may not be transferred to a Tier I zoning district; or a special protection area requiring the clearing of natural habitat; or to a site if evaluated under ROGO would receive negative points under habitat protection, threatened or endangered species, or critical habitat; D.O.02-07 Initials File # 25089 Page 4 of 6 kol Doc Bkpa266320Pgo ISS9 Doc# 26470a7 < ®kq 2300 PgN 705 REFERENCE: In the event that this development order constitutes an amendment, extension, variation, or alteration of a previous conditional use permit, that document may be referenced by the following: Deemer Clause 9.5-2 (cl. Section 9.5-72(a)(1) of the Monroe County Code states that a conditional use permit shall not be transferred to a successive owner without notification to the Development Review Coordinator within five (5) days of the transfer. Under the authority of Section 9.5-72(a) of the Monroe County Code, this development order shall become null and void with no further notice required by the County, unless a complete building permit application for site preparation and building construction with revised plans as required herein is submitted to the Monroe County Building Official within six (6) months of the expiration of the Florida Department of Community Affairs appeal period or the date when the Florida Department of Community Affairs waives its appeal and all required certificates of occupancy are procured with two (2) years of the date of this development order is approved by the Director of Planning & Environmental Resources. If this development order is appealed under Monroe County code or by the Florida Department of Community Affairs, the above time limits shall be tolled until the appeals are resolved. This instrument shall not take effect for thirty (30) working days following the date of memorialization thereof, and during that time permit shall be subject to appeal as provided in Section 9.5-521(d) of the Monroe County Code. An appeal shall stay the effectiveness of this instrument until resolved. In addition, please be advised that pursuant to Chapter 9J-1, Florida Administrative Code, this instrument shall not take effect for forty-five (45) days following the rendition of the Florida Department of Community Affairs. During those forty-five days, the Florida Department of Community Affairs may appeal this instrument to the Florida Land and Water Adjudicatory Commission, and that such an appeal stays the effectiveness of this instrument unti I the appeal is resolved by agreement or order. D.O.02-07 File # 25089 Page 6 of 6 Initials it_�•�_e • i.� • ti: is � ,• e r �•r Steven M. Klein, Fs4. Stearns Weaver Miller Weissler Aihadeff & Sittemn, P.A. 150 west FlaVer Sw=t, Suite 2200 Miatni, FL 33130 Doc# 1&%%2 11j1612811 3:5p Filed 3 Rev rded in OffIciel Records of WE MTY W L. OWE OW IM2 ON 2542 Pg# 952 wo i 1, }S L i ft 4 4Lr . NJZ CS TfHS INDENTURE is made as of this S19;ay of VSnZa.,.2011, between OVERSEAS REDEVELOPMENT f' Florida limited liability company ., , .1• address of 11 in favorof t SPE, LLC, a North. r liability company (hereinafter Tefcm:d to as "Gmutee'l with an address of 200 West Second Sbvc4 Yd Floor — Legal, Vulston-Salen-4 NC 27 101 C"Grantoe and "Grantee to include their respective heirs, successoM executors, administrators, legal representatives and assigns where ft context requires or permits). 'V INESSiETH: : r. • 1 a •. _.1 :•. Ja ( • ., •I ' � �. •: • I. ♦ . • • '. • 11 • •:. : 1 :: I i <i.. 1 +2 `. • 1 is ter• •.:.• •. r (1'.. 1 • :�• • •. : • • . 11 " !;'.! • . ' ,• 1 ►'. Florida, as•. be fiud=11 .. i7r from time to time (collectively, "Devellop 'p! .. •:... 1 •• r c • 1 �' • • it 1 r: a •1 any and interest of Grantor in and to any and all extensions and rmewals of any of ft foregoin (collectively, the 1 1 1 r ► S f r ! : r.•I 7 t i t 11 -i/• r : r rIle 1 richoofof the said Gmntee forever in FEE SDAPLE. AND THE SAID Grantor will warmt and forever defend the right and title to the above - described Property unto the said Grantee against the lawful claims of all pemons whomsoever. (HOC# 1M Bk# 2542 P## 953 IN WTrNFM WHMOF, the Grantor has signed and saded this Indenture as of the date first above written. Signed sealed and delivered in the presence of: Witness: -Z Print Name: Print OVERSEAS REDEVELOPMENT COMPANY, LLC, a Florida limited liability con1wy By: H-Try, L.LC, a Florida limited liability company, as its Manager �. •f .: . % DocU 1962037 1 (NOTARIALPrint Najk: .Public My Commission Expirer A1292S36r1 MM RE E Mark S. Weinberg, Esquire GRAY ROBiNSON, P.A. 1221 Brickcll Avenue — Suite 1600 Miami, Florida 33131 Parcel ID Numbers: Sea Attached Exhibit A-1 Grantee's EIN M DocV 1927973 04/09/2023 11:38RM F 3� CWJN odr ink f 11iEAVILIPI Records of 04/09/2013 11.38At1 DEED DOC STAMP CL: D5 $6,238.00 DI 1627973 Bkq 2522 Pga M ui);'Klavr r THIS SPECIAL WARRANTY DEED is made this 21 day of March, 2013 between SPECIAL. ACQUISITIONS M, INC., a Florida corpomdon (the "Gme ate°I whose mailing address is 6435 Naples Blvd., Naples, FL 34109, and SUbEWERIAND PALMS EMSTORS, LLC, a Florida limited liability company (the 'Vimutee'), whose mailing address is 1010 Kennedy Dr., Suite 302, Key West, FL 33040. Doe# 1962037 That Grantor, for and in consideration of the sum of 'TEN DOLLARS ($10.00) and other good and valuable consideration, to it in hand paid by Grantee, the receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto Grantee, its successors and assigns the following property (the " ) lying and being in MONROE COUNTY, Florida, and more particularly described as follows: Subject, however, to: (i) taxes and assessments for the current year and subsequent years; (ii) covenants, restrictions and public utility easements of record (iii) existing zoning and governmental regulations; and (iv) all matters that an accurate survey of the Property would reveal. TOGETHER with all the tenements, hereditaments and appurtenances belonging or in any way appertaining to the Property. AND GRANTOR hereby covenants with Grantee that Grantor is lawfully seized of the Property in fee simple; that Grantor has good right and lawful authority to sell and convey the Property; and that Grantor does hereby fully warrant the title to the Property and will defend the same against the lawful claims of all persons claiming by, through or under Grantor, but against none other. U350051301 • 4 953094 v I Skk26ZZ PON 997 IN WITNESS WHEREOF, Grantor has caused this Special Warranty Deed to be executed by its duly authorized signatory on the day and year first above written. GBA r 1. FNC..ar'rId-- .... thew witnesses: Name: Michael Witness: ride: Vice President PrintNam rrrl . %% t i . �► FLORIDASTATE OF COUNTYOF r ne foregoing instrument was acknowledged before me thuy' day of Mardi, 2013 by Michael Rinaldi as Vice President or sPECIALAA:JUISITQN1SIII, identification.corporation on behalf of the corporation. He Is nfersonally known to me OR C3 Produced as M -" • wtrr Poft -ter a fww � Y!► C4rr M &On AN14, M4 *tisz X33SMSMI - 0 953094 vl i t Print or Stamv Notaty Public, State of Florida at Large Commission :... CommissionMy Expires: 1110 Dwo26n Pit an Rf - LMI DescHngo of the Prone .._ 54 and 55, SUMMERLAND YACHT HARBOR, SUMMERLAND as recorded in Plat Sook 2, Page 142, of the Public Records of Monroe Florida. low LESS AND EXCEFr, A portion of Lot 54, SUMMERLAND YACHT HARBOR, SUMMERLAND KEY, FL, as recorded In Plat Bwk 2, Page 142, of thte Public Recwds of Monroe County, Florida and betber described as follows: 2356, Page 1, of the Public Records of Monroe County, Florida; togethier wfth the undivided 1/22nd Interest In U* common areas appertaining therebD. • wl • \335005\301- 0 953094 v I W91408 — Unit 1 9091409 — Unit 2 9091410 - Unit 3 9091411 - Unit 4 9091412 - Unit 5 9091413 - Unit 6 9091414 - Unit 7 9091415 - Unit 8 9091416 - Unit 9 9091417 — Unit 10 9091418 - Unit 11 9091419 - Unit 12 9091421- Unit 14 9091423 - Unit 15 9091424 - Unit 16 9D91425 - Unit 17 9091426 - Unit 18 9091427 - Unit 19 9D91428 - Unft 20 9091429 - Unit 21 9091430 - Unit 22 D"N 1927973 8kU 2622 Pg8 4 Folio Nombso MAMAthl Rmcdit DOcU 1962037 e aff of SUMMERLAND PALMS CONDOMINIUM, according to the Declaration of Condominium t1wreof, as recorded In Official Records Book 2356, Page 1, of the Public Records of Monroe CountV, ftrkla. %J3$005%301 - A 953094 v I "OHM cowm OFFICIAL RECMS Exhibit# 9 SUMMERLAND PALMS INVESTORS, LLB 24930 Overseas Highway Summerland Key, Florida Deeq 1962037 Bko 2663 PgO 1996 LEGAL DESCRIPTION Lots 54 and 55, SUMMERLAND YACHT HARBOR, SUMMERLAND KEY, FL, as recorded in Plat Book 2, Page 142, of the Public Records of Monroe County, Florida. LESS AND EXCEPT: A portion of Lot 54 SUMMERLAND YACHT HARBOR, SUMMERLAND KEY, FL, as recorded in Plat Book 2, Page 142, of the Public Records of Monroe County, Florida and better described as follows: Beginning at the intersection of the Southwesterly Right -of -Way line of Center Street and the Southwesterly Right - of -Way line of Horace Street; thence South 00101'34" East along said Southwesterly Right -of -Way line of Horace Street for 100.20 feet; thence North 86°23'13" West along the Northerly Right -of -Way line of U.S. Highway No. 1 for 49.86 feet; thence 06°42'37" East for 40.06 feet; thence North 86°23'13" West for 31.16 feet; thence North 03°36'47" East for 5.00 feet; thence North 83°47'50" West for 23.29 feet; thence North 01°05'31" East for 7.75 feet; thence South 88°53'40" East for 27.50 feet; thence North 40027132" East for 25.00 feet; thence North 03°36'47" East for 25.00 feet; thence South 86°23"13" East along the Southerly Right -of -Way line of Center Street for 53.64 feet back to the POINT OF BEGINNING. NOW KNOWN AS: Condominium Units 1 to 22, inclusive, of SUMMERLAND PALMS CONDOMINIUM, according to the Declaration of Condominium thereof, as recorded in Official Records Book 2356, Page 1, of the Public Records of Monroe County, Florida RE and Alternative Key Numbers RE Numbers Alternative Key Numbers 00194741-000100 9091408 00194741-000200 9091409 00194741-000300 9091410 00194741-000400 9091411 00194741-000500 9091412 00194741-000600 9091413 00194741-000700 9091414 00194741-000800 9091415 00194741-000900 9091416 00194741-001000 9091417 00194741-001100 9091418 00194741-001200 9091419 00194741-001300 9091420 00194741-001400 9091421 00194741-001500 9091423 00194741-001600 9091424 00194741-001700 9091425 00194741-001800 9091426 00194741-001900 9091427 00194741-002000 9091428 00194741-002100 9091429 00194741-002200 9091430 Doca 1962037 Bkp 2663 Pgp 1997 COY Ol FOIVYI Exhibit# 14 a avL 9ZY O1 FOIWM 5UP .r . 4=1 c Y i� ts�rtayl3 6 LIN � l m 00194741.001800, 00194741.001900, 11 • '' , Il ffl' 00194741.002100 , 00194741.002200. • t•n♦ RE numbers. • by the• • • Property Appraiserff: tax roll. Priorto 2008, the parcels were assessed under • #00194730.000000 and RE #00 194740.000000. Note 2; The subject property does not include, but has been historically associated with, the contiguous parcel to the east, currently assessed as RE #00194730.000000. The boundaries of the parcel identified as RE #00194730.000000 have been modified over time. The property is located within an Urban Residential Mobile Home Land Use (Zoning) District. Consistent with the boundaries of the URM land use district, it is within the Residential High (RH) Future Land Use Map (FLUM) category. The following aerial photograph shows the boundaries of the property and the land use districts of the immediate area: Subject Property with Land Use Districts Overlaid (Aerial dated 2012) Residential Dwelling Units: The applicant asserts that the 22 residential dwelling units are lawfully -established and thereby exempt from the ROGO permit allocation system. Pursuant to §138-22(1), the ROGO shall not apply to the redevelopment, rehabilitation or replacement of any lawfully -established residential dwelling unit that does not increase the number of residential dwelling units above that which existed on the site prior to the redevelopment, rehabilitation or replacement. Therefore, owners of land containing residential Summerland Palms, Letter of Development Rights Determination (File #2013-134) Page 2 of 7 dwelling units shall be entitled to one unit for each such unit lawfully -established. The planning director shall review available documents to determine if a body of evidence exists to support the existence of units on or about July 13, 1992, the effective date of the original ROGO ordinance. In order to approve an exemption, at least two of the following documents supporting the lawful existence of the residential dwelling unit or space must be found: Any issued Monroe County building permits) supporting the existence of the structure(s) and its use(s) on or about July 13, 1992: MOM ...i 74, RH#60194740.000000 -1 s �' s �_ �qq lY }) Td a P •'` t: -f ::n• ' .,� R�F..A.. �T' .:9iw` .Gt. Jt9-C+�:.1�. c}f, 4qP..' -fgl fjrt. .t'rC:.t.+9...'`•L L{: �,ie_'�J.i Permit # Dare Issued Description A-196 A-1839 03/26/1975 12/23/1976 Install electric meter center Tie down mobile home (Unit #3) A-4242 10/12/1978 Repair drain field 881-1777 941-0163 951-0945 09/14/1988 02/10/1994 12/12/1995 Install 100 amp electric service (Unit #?) Carry out emergency electrical work to mobile home (Unit #?) Renovate and expand existing sewer treatment plaint 951-0982 07/21/1995 Install/construct shed (Unit #?) 011-1733 06/O1/2001 Enclose porch and tie down mobile home (Unit #15) 021-0572 03/01/2002 Construct screen room with awning (Unit #3) 031-3076 07/09/2003 Construct screen room (Unit #IS) 031-3834 730.606Q00* 25613 A-10090 911-2280 10/07/2003 a"). 02/22/1972 01/14/1983 02/25/1991 InstaU/replace mobile home (Unit #13) �. j + qYF�. T+AS� ✓i Yce. LAteProR. d�1 '. Construct addition (Unit #?) Upgrade electric service (Unit #17) Repair single family residence roof (Unit #?) 911-2313 911-2455 991-2163 03/21/1991 03/21/1991 12/10/1999 Renovate existing structure (Unit #?) Demolish structure (Unit #?) Ina replace mobile home (Unit #7) 991-2889 12/10/1999 Demolish mobile home (Unit #7) 041-3156 07/02/2004 Demolish addition (Unit #17) 051-5203 11/17/2005 Repair mobile home roof (Unit#10) 071-4260 10/02/2007 Repair mobile home roof (Unit #?) 101-1045 03/23/2010 Replace mobile home roof (Unit #9) 111-3317 07/25/2011 Replace mobile home roof (Unit #?) RE #00194742.000100 091-4559 Oii3 ita}�RE'# 11/10/2009 04741.®02200 Replace paneling board and insulation (Unit #13) 111-5343 10/31/2011 Demolish mobile home (Unit #21) 121-0299 06/13/2012 Change out meter cans (Units #6, 7, 9, €0, 17, 18, 19 & 20) 131-3769 10/30/2013 Install 100 am electric service (Unit #21) Summerland Palms, Letter of Development Rights Determination (File #2013-134) Page 3 of 7 W }- 0 OF-- -- C=) �Z cam! 00 � U >- u- � - 4147, flu ■ � p t Lt ' ■`y 7r cf • • ® f ■�i�t le 7 op lid NIL qb Ra- L ar .y y- .8 ��"J r,.e ,e., i, i i ■ 1 w,rl�I> ® ■ -.,, g0 �'- , � � � 'NJ �• a ®�' g '`�: +]fie ; i .. �, �' - - _— w 1 `, • ' � .`� �, q 1 �r 1. Exhibit# 11 Countyi Growth1 Division Planning & Environmental Resources Department 2798 Overseas Highway, Suite 410 :Marathon, FL 33050 Voice: (305) 289-2500 FAX: (305) 289-2536 November 7, 2013 Smith Oropeza, P.L. Attn: Barton Smith 138-142 Simonton Street Key West, FL 33040 Board of County Commissioners Mayor George Neugen4 District 2 Mayor Pro Tern, Heather Carruthers, District 3 Danny L. Kolhage, District i David Rice, District 4 Sylvia I. Murphy, District 5 RE: LETTER OF DEVELOPMENT RIGHTS DETERMINATION FOR SUMMERLAND PALMS TRAILER PARK, LOCATED AT 24930 OVERSEAS HIGHWAY (USI), SUMNMRLAND KEY, ON PROPERTY HAVING REAL ESTATE NUMBERS 00194741.000100, 00194741.000200, 00194741.000300, 00194741.000400, 00194741.000500, 00194741.000600, 00194741.000700, 00194741.0008009 00194741.000900, 00194741.001000, 00194741.001100, 00194741.001200, 00194741.001300, 00194741.001400, 00194741.001500, 00194741.001600, 00194741.001700, 00194741.001800, 00194741.001900, 00194741.002000, 00194741.002100 AND 00194741.002200 This letter is in response to your request for a determination as to the number of dwelling units that were lawfully established and thereby exempt from the Residential Rate of Growth Ordnance (ROGO) permit allocation system on the above -described premises. Background Information: The subject property is located at 24930 US 1 on Summerland Key, at approximate mile marker 25 on the Gulf of Mexico side of US 1. It is situated north of US 1, south of Center Street and west of Horace Street. The existing mobile home park on the property is known as Summerland Palms Trailer Park and Summerland Palms Condominium. 11 •, ' 11! 11 I1I'� 11i•11 !!''� 111! !1 I1I'� 1l1.!'! 11 •• I !11 1'1 11 • 1//11 !!'• 111•!1 11''� 11 11i 111" 11 K 1/ • &VAIN x1fifflkATAIN•• 11 a!! f1 •, i1 /1 Summerland Palms, Letter of Development Rights Determination (File #2013-134) Page I of 7 1 4 JIQCI Q * The subject property does not include, but has been historically associated with, the contiguous parcel to the east, currently assessed as RE #00194730.000000. The boundaries of the parcel identified as RE #00194730.000000 have been modified over time. Past building permits associated with the subject property were filed under RE #00194730.000000 prior to the boundary modifications. However, it should be noted that some of the building permits on file may be associated with the existing single-family development remaining on the parcel and not part of the subject property. There is not a building permit on file in the Building Department's records for the initial construction of the mobile home park and the installation of the original mobile homes. Building Permits #991-2163 and #031-3834 approved the replacement of mobile homes. Other building permits support the continued existence of a mobile home park with ranging lot/unit numbers. Of importance are Building Permits #951-0945 and #021-0572. Building Permit #951- 0945, issued in 1995, approved an onsite wastewater treatment plant for a mobile home park. The preliminary design report submitted with the permit specifies the wastewater treatment plant is for 22 mobile homes. Building Permit #951-0945 was approved by Planning Department and Building Department staff. Building Permit #021-0572, issued in 2002, included a site plan for the mobile home park which shows and labels 22 units. Documentation from the Monroe County Property Appraiser's Office indicating residential use on or about July 13, 1992: The Property Appraiser currently assesses each individual Real Estate number (#00194741.000100 through #00194741.002200) under a property classification code of 00 (Vacant Residential). Monroe...outifiY oP. �Y . P�' M _ - Condominium Parcel n fatted Lots RE # BuildingYear Built* BuildingSquare Footage Lot # 1 00194741.000100 1975 2,280 SF Lot #2 00194741.000200 1975 1,576 SF Lot #3 00194741.000300 1975 1 921 SF Lot #4 00194741.000400 1975 1,584 SF Lot#5 00194741.000500 1975 958 SF Lot 46 00194741.000600 1975 1,509 SF Lot #7 00194741.000700 1975 1,290 SF Lot#8 00194741.000800 1975 1 770 SF Lot #9 00194741.000900 1975 1,834 SF Lot#10 00194741.001000 1975 1,371 SF Lot # 11 00194741.001100 1975 1,191 SF Lot # 12 00194741.001200 1975 1 203 SF Lot # 13 00194741.001300 1980 1,872 SF Lot # 14 00194741.001400 1975 1,296 SF Lot #15 00194741.001500 1975 1,632 SF Summerland Palms, Letter of Development Rights Determination (File #2013-134) Page 4 of 7 IN: WAI-Ir /J�P Lot # 16 00194741.001600 1975 1,334 SF Lot #17 00194741.001700 1975 1 110 SF Lot # 18 00194741.001800 1975 1,386 SF Lot # 19 00194741.001900 1975 1,720 SF Lot #20 00194741.002000 1975 1 400 SF Lot #21 00194741.002100 1975 2 176 SF** Lot #22 00194741.002200 1975 1 825 SF the information in this column should not be relied upon to ascertain the year in which a specific existing structure was built. Although several of the existing mobile homes may have been built in 1975, there is no additional evidence to suggest that all of the existing mobile homes were constructed in 1975 (excluding the mobile home on #13, which had a year built date of 1980). Further, the year built date information is contradictory with building permits on file in the Building Department's records and information obtained by staff during a site visit Several of the lots are currently vacant and several of the existing mobile homes appear to be models that post-date 1975. "Under Building Permit #111-5343, the mobile home on #21 was demolished in 2011. Aerial photographs and original dated photographs showing the structures) existed on or about July 13, 1992: Aerial photography from January 1984 to 2012 confirms the continuous existence of at least ten structures on the property (Units on Lots 1, 2, 3, 4, 6, 7, 16, 17, 18, and 20). Other structures were in existence during that timeframe, but are not visible due to obstructing vegetation on the site and replacement efforts. In the 1999, 2006 and 2009 aerials, 22 structures were visible. As a note, aerial photography can only confirm the number of structures, not the number of dwelling units, in existence at any given time. •{nn7't". :_ .rr..:c�i:.,,' t#�•`—i.'. ...-. .. �1 ;,.Y....:wr:_+i i+:,4 `fi'-`• 'Y `X984 `.1989:' 11991.= _ ff. Unit 1 X X X X X X X X Unit 2 X X X X X X X X Unit 3 X X X X X X X X Unit 4 X X X X X X X X Unit 5 X X X X X X X Unit 6 X X X X X 3F X X Unit 7 X X X X X X X X Unit 8 X X X X X X X Unit 9 Unit 10 X X X X X X X X X X X X X Unit 11 X X X X X Unit 12 X X X X X Unit 13 X X X X X X Unit 14 X X X X X X Unit 15 X X X X X X X Unit 16 X X X X X X X X Summerland Palms, Letter of Development Rights Determination (File #2013-134) Page 5 of 7 � IJ Residential county directory entries on or about July 13, 1992: No residential county directory entries were provided for review. Rental, occupancy or lease records, on or about July 13, 1992, indicating the number, type and term of the rental or occupancy: No rental, occupancy or lease records were provided for review. State and/or County licenses, on or about July 13, 1992, indicating the number and types of rental units: No state or county licenses were provided for review. Documentation from the utility providers indicating the type of service (commercial or residential) provided and the number of meters in existence on or about July 13, 1992: The applicant submitted three billing statements from Keys Energy Services, detailing electric service records for 3 units. One of the statements has electric service starting in 1991 and the other two statements show service began in 2007 and 2013. Note: Water and electric service were likely provided at times earlier than the aforementioned dates; however records confirming/supporting such were not provided. Similar supporting documentation not listed above as determined suitable by the planning director: A site visit was conducted by Planning & Environmental Resources Department staff on October 15, 2013. During the site visit, staff observed 18 mobile homes and 4 vacant sites with electric. The 1988 Monroe County Mobile Home Study indicates 17 mobile homes and 3 recreational vehicles were observed on the property at that time. However, it should be noted that the surveyor's objective was to obtain a county -wide estimate of mobile homes and recreational vehicles, not necessarily an exact total, and the surveyor may not have been authorized to enter the private property to get an accurate account on the subject property. Sammerland Palms, Letter of Development Rights Determination (File #2013-134) Page 6 of 7 DocU 1962037 Skp 2663 Pg# 2006 Lawful Determination: Based on a review of the records associated with the subject property, the Planning & Environmental Resources Department has determined that twenty two (22) permanent residential dwelling units were lawfully -established on the subject property. As such, up to 22 mobile homes may continue to existing and their replacement would thereby be exempt from the ROGO permit allocation system. Although there are not building permits on file for the installation of all 22 mobile homes, the existence of 22 mobile homes since 1992 is supported by Monroe County Property Appraiser records and aerial photography, as well as the content of building permits on file for other improvements. Nearly every building permit on file refers to the existence of a mobile home park. Of most importance, Building Permit #951-0945, issued in 1995 shortly after the adoption of ROGO in 1992, approved an onsite wastewater treatment plant for a 22-unit mobile home park. As the residential density provisions for the URM district would not have permitted a total of 22 mobile homes in 1995, the plant was clearly intended to serve 22 existing units. Note: Although 22 mobile homes cannot be permitted on an unplatted URM site consisting of 0.93 acres under the current URM residential density provisions (the allocated density is 5 dwelling units per acre), the existing 22 residential dwelling units were lawfully established on the subject property prior to the establishment of the URM residential density provisions in 1986 may continue to exist and be replaced pursuant to MCC § 130-163. This letter does not provide any vesting to existing regulations and the replacement dwelling units and any new accessory structures must be built in compliance, with all applicable regulations of the Monroe County Code and Comprehensive Plan at the (time of development approval. Furthermore, if the exempted development is not replaced, but substantially improved as defined in the Monroe County Code, such development must be brought into compliance with all applicable regulations. You may appeal decisions set forth in this letter. The appeal must be filed with the County Administrator, 1100 Simonton Street, Gato Building, Key West, FL 33040, within thirty (30) calendar days from the date of this letter. In addition, please submit a copy of your application to the Planning Commission Coordinator, Monroe County Planning & Environmental Resources Department, 2798 Overseas Hwy, Suite 410, Marathon, FL 33050. We trust that this information is of assistance. If you have any questions regarding the contents of this letter or if we may further assist you with your project, please feel free to contact our Marathon office at (305) 289-2500. Sincerely, Townsl Sc rab,Senior Director of Planning & Environmental Resources Summerland Palms, Letter of Development Flights Determination (File #2013-134) Page 7 of 7 Prepared red by and ret►im to: Gregory S. Oropeza, Esq. Attorney at Law Smith' Oropeza, P.L. 138-142 Simonton Street Key West, FL 33040 305-296-7227 N File Number: 2013-151 \ o Will Call No.; Parcel ldcntification No. 00I74960-000000 Exhibit# 12 Feld dlRecorded1ineofficcial Records of MOHRDE C c ds OUNrY AMY HERVZLIN 10/04/2913 3:10PM DEED DOC STAMP CL: Krys $9,800.00 (Space Above This Line for Recording Datale Warranty Dee -a' (STATUTORY FORM - SECTION 689.02, F.S.) DocU 1962037 2007 i This Indenture made this 26th day of September, 2013 between H & L Florida Associates, LLC, a Florida limited liability company whose post office address is 1582 York Avenue, Suite 3C, New York, NY 10028 of the County of New York, State of New York, grantor*, and Coco Palms Developers, LLC, a Florida limited liability company, whose post office address is P.Q. Box 2039, Key West, FL 33040 of the County of Monroe, State of Florida, grantee*, Witnesseth that said grantor, for and in consideration of the sum of TEN AND NO/l00 DOLLARS (V0.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Monroe County, Florida, to -wit: Lot 30 Sacarma, a subdivision of Government Lots 3 and 4 in Section 29, Township 66 South, Range 28 East, Cudjoe Key, Monroe County, Florida, recorded in Plat Book 2, Page 48 of the Public Records of Monroe County, Florida, and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. • "Grantor" and "Gramee" amused for singular or plural, as canim requires. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: H & L Florida Associates, LL l By. nness Name: ` Matthew Hornstein, naging Member <'7- W' es a : Doe11 1952849 Oka 2653 P9p 227 (Corporate Seal) DoubleTlmee state of NO-ov yd)"- county of Now�qwe- The foregoing instrument was acknowledged before me this 26th day of September, 2013 by Matthew Hornstein of H & L Florida Associates, LLC, on behalf of the corporation. licishe [j is personally known to me or [X] has produced a driver's license as identification. ROSE M SMALL Notary Public [Notary Seal] Notary Public - State o1 New York n NO.01SM6108336 printed Name: 1�QS 1L'i Qualified in New York County My Commission Exoires My Commission Expires: Afir e- _._. DocH 962037 BkN BkN 2663 pgN 2008 DocN 1952849 SkIl 2653 PqN 228 MONROE COUNTY OFFICIAL RECORDS DoubteTimeo IYoa•mnry Deed (Statutory Form) - Page 2 Exhibit# 13 Coco Palm Developers, LLC 2I585 Old State Road 4A Cudjoe Key, Florida k# LEGA[.. DESCRIPTION B1962037 kq 2663 Pgq 2009 Lot 30 Sacanna, a subdivision of Government Lots 3 and 4 Section 29, Township 66 South Range 28 East, Cudjoe Key, Monroe County, Florida, recorded in Plat Book 2, Page 48 of the Public Records of Monroe County RE and Alternative Key Numbers RE Numbers I Alternative Key Numbers 00174960-000000 11227021 BEP al HO.LVIN Ci OL MIA oa 09 w w >- o �- L�j ,_, z:D c If CDO ws i" ' hlle• d'hv,nv,r BX � ti -- / --_ •- .�-'/ 04 �', ® eb ,6 (l �.—.''; it , •j: ,� - i ✓ �lir f IT. I. ■1 f Wo sto st A ap— CM •� 'cl s off P 1}'4y` wN :tom u+� '"jj{• i t /_� i ■t e 1 o f '�W :` � � ° H .,. :-.::'.:.- . ,!+� • •, r�1;y r;i,. "sue 32 fs If 46 i ; .pa. r } f - .- f. j r =�~ v �S.;�yc'a•.• 5 - f tv to i - _ S ' �• " : Y r 9 � � a r • -, °� � g ■ _ ■ ram. `■ ■■M�� tit♦ivvv Exhibit# 15 Planning & Environmental Resources Department 2798 Overseas Highway, Suite 410 Marathon, FL 33050 Voice: (305) 289-2500 FAX: (305) 289-2536 November 26, 2013 Smith Oropeza, P.L. Attn: Barton Smith 138-142 Simonton Street Key West, FL 33040 Countyof ! o- Board of County Commissioners ,Mayor Sylvia 1. Murphy, District 5 Mayor Pro Tem, Danny L. Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 David Rice, District 4 SkU 266320pg 2012 This letter is in response to your request for a determination as to the number of dwelling units that were lawfully established and thereby exempt from the Residential Rate of Growth Ordinance (ROGO) permit allocation system and the amount of the non-residential floor area that may be rebuilt and exempt from the Non -Residential Rate of Growth Ordinance (NROGO) on the above -described premises. A previous letter of development rights determination was issued for the subject property on May 13, 2008. Based on a review of the records available at that time, the Planning & Environmental Resources Department determined that 16 permanent residential dwelling units (in the form of mobile homes) and 1,400 square feet of non-residential floor area is lawfully - established on the subject property. The applicant has requested a revised determination and submitted additional information supporting the existence of 17 permanent residential dwelling units (in the form of mobile homes) and five (5) transient residential dwelling units (in the form of recreational vehicles). The applicant has not requested any revision to the determination of 1,400 square feet of non- residential floor area. This addendum letter concerns the seventeenth permanent residential dwelling unit, An additional addendum letter shall be issued regarding the Planning & Environmental Resources Department's position on the five (5) transient residential dwelling units. Rainbow's End Trailer Park, Letter of Development Rights Determination (File #2013-132) Page 1 of 8 Doe# 1962037 Bk# 2663 Pg# 2013 Background Information: The subject property, commonly known as Rainbow's End Trailer Park and Coco's Cantina, is located at 21585 Overseas Highway (US 1) on Cudjoe Key, at approximate mile marker 22 on the Gulf of Mexico side of US 1. The property is legally described as Lot 30, Sacarma subdivision, Cudjoe Key (Plat Book 2, Page 48), having real estate (RE) number 00174960.000000. The property is divided within three Land Use (Zoning) Districts: Suburban Commercial (SC), Urban Residential Mobile Horne (URM) and Native Area (NA). Consistent with the Land Use Districts, the property is also divided within three Future Land Use Map (FLUM) categories: Mixed Use Commercial (MC), Residential High (RH) and Residential Conservation (RC). The following aerial photograph shows the boundaries of the property and the land use districts of the immediate area: Subject Property with Land Use Districts Overlaid (Aerial dated 2012) Residential Dwelling Units: In the application for the May 13, 2008 letter, the previous application requested a finding that 21 residential dwelling units were lawfully -established and thereby exempt from the Residential Rate of Growth Ordinance (ROGO) permit allocation system. According to the previous applicant, the site was developed with 16 mobile home lots and 5 recreational vehicle spaces (some of the lots/spaces were vacant). Rainbow's End Trailer Park, Letter of Development Rights Determination (File #2013-132) Page 2 of 8 OocU 1962037 Sk# 2663 Pq# 2014 The current applicant asserts that the 22 residential dwelling units were lawfully -established and thereby exempt from the ROGO permit allocation system. According to the current applicant, the site is developed with 17 mobile home lots and 5 recreational vehicle spaces (some of the lots/spaces are vacant). As previously stated, this addendum concerns the mobile home lots Mobile homes are a type of dwelling units. As defined in MCC §101-1, a dwelling unit is one (1) or more rooms physically arranged to create a housekeeping establishment for occupancy by one (1) family with separate toilet facilities. Further, a mobile home is a type of permanent residential units. As defined in MCC § 101-1, a permanent residential unit is a dwelling unit that is designed for, and capable of, serving as a residence for a full housekeeping unit which includes a kitchen composed of at least a refrigerator and stove. Pursuant to §138-22(1), the ROGO shall not apply to the redevelopment, rehabilitation or replacement of any lawfully -established residential dwelling unit that does not increase the number of residential dwelling units above that which existed on the site prior to the redevelopment, rehabilitation or replacement. Therefore, owners of land containing residential dwelling units shall be entitled to one unit for each such unit lawfully -established. The planning director shall review available documents to determine if a body of evidence exists to support the existence of units on or about July 13, 1992, the effective date of the original ROGO ordinance. In order to approve an exemption, at least two of the following documents supporting the lawful existence of the residential dwelling unit or space must be found: Note: The determination in the May 13, 2008 letter was concluded pursuant to Administrative Interpretation #03-108, which provided the criteria to determine whether or not a residential dwelling unit was lawfully -established. However, in 2011, MCC §138-22 was amended to included criteria within the code and Administrative Interpretation #03-108 was rescinded. The criteria within Administrative Interpretation #03-108 and MCC §138-22 are marginally different. Any issued Monroe County building permits) supporting the existence of the structures) and its use(s) on or about July 13, 1992: Building permits permitting the installation of all of the existing mobile homes were not located. However, the building permits on file for the property support the continuous existence of a mobile home park on the property from the 1970s to present. The following table organizes building permits by the non -platted internal lot numbers, as assigned by the mobile home park operator. As a note, some building permits did not provide an internal lot number: Rainbow's End Trailer Park, Letter of Development Rights Determination (File #2013-132) Page 3 of 8 DOC" 1962037 BkU 2663 Pq# 2015 1 Kt; VUUI74960.000000: Permit # Date Issued Description 121-2085* 06-05-2012 Demolish 2 mobile homes (units 13 and 15) 10 1-7113 02-04-2011 Paint existing building and install fence (unit not specified) 071-5151 12-05-2007 Demolish I mobile home and associated structures (unit 12) 071-4938 11-19-2007 Reinstall 100 amp electric service (unit 10) 061-3431 06-07-2006 Re -roof I mobile home (unit 10) 03-20-2006 Install 3 temporary FEMA trailers (units 2, 3 and 14) 1061-1799 061-1400 03-01-2006 Replace 2 gang meter (units I and 3) 061-1396 03-01-2006 Replace 2 gang meter (units 2 and 4) 051-6769 01-26-2006 Construct handicap ramp to mobile home (unit 15) 051-6626 12-08-2005 Demolish I mobile home and associated structures (unit 14) 051-6623 12-08-2005 Demolish I mobile home and associated structures (unit 2) 021-2209 05-23-2002 Change out 4 ton package unit with new unit (restaurant) 021-1550 04-17-2002 Upgrade to 100 amp electric service (unit 4) 981-2736 12-15-1998 Repair roof of I mobile home (unit 6) 971-0062 01-28-1997 Install area light (unit not specified) 951-0514 05-17-1996 Replace I mobile home (unit 6) 951-1792 01-09-1996 Upgrade hood fire suppression system (restaurant) 951-1132 08-07-1995 Replace electric service (units 10 and 12) 951-0774 06-07-1995 Install A/C with duct system (restaurant) 881-1314 07-12-1988 1 Reinstall 100 amp electric service (unit not specified) 881-1112 06-16-1988 Replace meter can (units 9 and 11) 881-0387 03-08-1988 Re -roof and remodel I mobile home (unit not specified) 881-0313 02-26-1988 Replace meter can (unit not specified) 881-0287 02-23-1988 Replace electric service (unit not specified) 881-0099 871-0642 A-17356 01-22-1988 10-10-1987 04-06-1987 Construct screened porch and deck (unit 10) Install 200 amp electric service (unit not specified) Upgrade to 100 amp electric service (unit 2 A) A-13965 08-20-1985 Construct porch and shed (unit not specified) A-12813 01-23-1985 Addition to sign A-10096 12-14-1982 Replace I mobile home (unit notspecified) A-9853 11-01-1982 Construct shed (unit 16) A-9596 07-22-1982 Replace I mobile home unit 1) A-9274 03-09-1982 Replace I mobile home (unit 8) A-9086* 01-20-1982 Replace 1 mobile home (unit not specified) A-8805 11-03-1981 Install 2 mobile home A-6217 01-07-1980 Install 100 amp electric service (unit 2 B) A-4921 03-09-1979 Construct fence and porch (unit 2 A) A-4724 02-01-1979 Replace I mobile home (unit 2 A) Rainbow's End Trailer Park, Letter of Development Rights Determination (File #2013-132) Page 4 of 8 Doco 1962037 Bkp 2663 Pgp 2016 34347 1 I 1-08-1974 Insta11200 amp electric service (unit not specified) * Issued or located after the May 13, 2008 letter There is not a building permit on file in the Building Department's records for the initial construction of a mobile home park. Seven (7) building permits were found which authorized the placement/replacement of eight (8) mobile homes. Other building permits support the continued existence of a mobile home park with ranging lot/unit numbers. Building Permit #971-0062, issued on January 28, 1997, approved the installation of an area light. A site plan provided with the application shows 16 trailer (mobile home) lots on the property at that time. Documentation from the Monroe County Property Appraiser's Office indicating residential use on or about July 13, 1992: The Monroe County Property Appraiser assessed the property identified as RE #00174960.000000 from 1982 to 1987 under a property classification (PC) code of PC 21 (restaurant or cafeteria). In 1988, the PC code was changed to PC 36 (mobile home parks/ private camping/ recreational parks). In 2009, the PC code was changed to PC 28 (parking lots/ mobile home parks). It has been assessed as PC 28 until present. The Property Appraiser's records indicate a building value on the parcel from 1982 to 2012; however a building is currently not attributed to the property. Mobile homes under separate ownership and/or assessed by the Tax Collector are not reflected as buildings or structures in the Property Appraiser's records. It is unknown why the restaurant building is not reflected. Further, the Property Appraiser's records include the following appraiser's note: "Cocos Cantina Restaurant plus 17 unit mobile home park Rainbows End." In addition to the current property record card which only provides data back to 1982, a property record card from 1975 indicates that there was a mobile home park/recreational vehicle development on the property at that time, with mobile homes on lots IA, 113, 10, 12, 13, 16 and 17. Aerial photographs and original dated photographs showing the structure(s) existed on or about July 13, 1992,- Aerial photography from 1982 to 2012 confirms the continuous existence of a mobile home park on the property. Aerial photography from 1989, 1992, 1994, 1996, 1998 and 2006 shows 16 structures on the property, all of which appear to be mobile homes and/or recreational vehicles (not including the restaurant). Aerial photography from 2009 and 2012 shows 17 structures on the property, all of which appear to be mobile homes and/or recreational vehicles (not including the restaurant). Aerial photography from 2000, 2002 and 2004 indicates the presence of 15 structures on the property, all of which appear to be mobile homes and/or recreational vehicles (not including the restaurant). However, from the aerial photography, Staff cannot determine with any certainty if a given structure was a mobile home, a recreational vehicle or another type of structure or vehicle. Rainbow's End Trailer Park, Letter of Development Rights Determination (File #2013-132) Page 5 of 8 Residential county directory entries on or about July 13, 1992: No residential county directory entries, from on or about July 13, 1992, were provided for review. Rental., occupancy or lease records, on or about July 13, 1992, indicating the number, type and term of the rental or occupancy: No rental, occupancy or lease records, from on or about July 13, 1992, were provided for review. State andlor County licenses, on or about July 13, 1992, indicating the number and types of rental units: Rainbow's End Trailer Park had a valid Monroe County business tax receipt for 2006-07 and 2007-08 (#47144-4647). The total number of mobile homes or lots was not specified on the tax receipt. Further, Rainbow's End Trailer Park had a valid Monroe County occupational license for 1988-1989 (#42878). The total number of mobile homes or lots was not specified on the license. Note: The mobile home park may have had valid occupation licenses, business tax receipts or other Monroe County Tax Collector documentation for other years; however such documentation was not provided for review. State of Florida Department of Health operating permits from 2007, 2006, 2004 and 1999 (44- 54-00055) for the Rainbow's End Trailer Park site indicate that there were 16 mobile home spaces and 5 RV spaces on the property at that times. No information prior to 1999 was provided for review. Furthermore, these documents only reflect "spaces" not units. Online State of Florida Department of Business & Professional Regulations records state that Rainbow Key had 16 lots in 1988, 1994 and 2007. In addition, the current online State of Florida Department of Business & Professional Regulations records state that special qualifications for Rainbow Key include "Park Includes RV Lots" and "Permitted Prior to June 4, 1986." However, the online records do not indicate the number of RV lots or the date(s) in which they were established. Note: The mobile home park may have had valid operating permits or other State of Florida documentation for other years; however such documentation was not provided for review. Documentation from the utility providers indicating the type of service (commercial or residential) provided and the number of meters in existence on or about July 13, 1992: The applicant submitted three billing statements from Keys Energy Services, detailing electric service records for units. However, the total number of mobile homes is not specified as there are multiple meters. Rainbow's End Trailer Park, Letter of Development Rights Determination (File f#2013-132) Page 6 of 9 DOCa 1962037 l3k# 2663 PqN 2018 Note: Water and electric service were likely provided at times earlier than the aforementioned dates; however records confirming/supporting such were not provided. Similar supporting documentation not listed above as determined suitable by the planning director: Prior to the 1986 re -zoning of the property to SC, URM and NA, the property was divided within a RU-5P district (Mobile Home Park Residential) and a BU-2 (Medium Business) district. The mobile home park area of the site was entirely within the RU-5P district. Mobile homes were permitted in the RU-5P district. Prior to the May 13, 2008 letter, a site visit was conducted by Planning & Environmental Resources Department Staff on May 2, 2008. Staff observed 13 mobile homes, 3 recreational vehicles and the Coco's Cantina restaurant. A second site visit was conducted by Planning & Environmental Resources Department staff on October 23, 2013. During the site visit, staff observed a total of 17 mobile homes and recreational vehicles on the property. The 1988 mobile home study, prepared by the Planning Department, indicates that 16 "mobile homes" and 1 "other" present on the site at that time. However, it should be noted that the surveyor's objective was to obtain a county -wide estimate of mobile homes and recreational vehicles, not necessarily an exact total, and the surveyor may not have been authorized to enter the private property to get an accurate account on the subject property. Lawful Determination: Based on a review of the records, the Planning & Environmental Resources Department has determined that seventeen (17) permanent residential dwelling units (in the form of mobile homes) were lawfully -established on the subject property. As such, up to 17 mobile homes may continue to existing and their replacement would thereby be exempt from the ROGO permit allocation system. Upon a further review of the Monroe County Property Appraiser's information, it is evident that there were 17 mobile home lots in 1975, not 16 mobile home lots. Further, the current Monroe County Property Appraiser Property Record Card includes the following notation: "Coco's Cantina Restaurant plus 17 unit mobile home park Rainbows End." In addition, while the 1988 mobile home study states that there were only 16 "mobile homes" on the property, it includes a reference to an additional "other" structure. Mobile homes that had been improved with additions were often defined as such as the surveyor could not determine if the structure was in fact a mobile home or recreational vehicle. Pursuant to §138-22(1), in order to approve an exemption, at least of the described documents supporting the lawful existence of the residential dwelling unit or space must be found in order for the planning director to determine if a body of evidence exists to support the existence of unit Rainbow's End Trailer Park, Letter of Development Rights Determination (File #2013-132) Page 7 of 8 DocN 1962037 Bkq 2663 Pgq 2019 or space on or about July 13, 1992, the effective date of the original ROGO ordinance. The aforementioned documentation satisfies this requirement. Please note that this determination relates to the number of permanent residential units (in the form of mobile home lots) that were lawfully -established on or about July 13, 1992. It does not state or imply that all of the structures in existence were lawfully -established. Several of the structures on the mobile home lots observed by staff during the site visits appeared to be recreational vehicles, not mobile homes. Any recreational vehicle located on a mobile home lot will have to be removed and any unlawful construction will require an after -the -fact building permit for its construction or a demolition permit. This letter does not provide any vesting to existing regulations and the replacement dwelling units and any new accessory structures must be built in compliance with all applicable regulations of the Monroe County Code and Comprehensive Plan at the time of development approval. Furthermore, if the exempted development is not replaced, but substantially improved as defined in the Monroe County Code, such development must be brought into compliance with all applicable regulations. You may appeal decisions set forth in this letter. The appeal must be filed with the County Administrator, 1100 Simonton Street, Gato Building, Key West, FL 33040, within thirty (30) calendar days from the date of this letter. In addition, please submit a copy of your application to the Planning Commission Coordinator, Monroe County Planning & Environmental Resources Department, 2798 Overseas Hwy, Suite 410, Marathon, FL 33050. We trust that this information is of assistance. If you have any questions regarding the contents of this letter or if we may further assist you with your project, please feel free to contact our Marathon office at (305) 289-2500. Sincerely, Townsl Scab, Senior Director of Planning & Environmental Resources Rainbow's End Trailer Park, Letter of Development Rights Determination (File #2013-132) Page 8 of 8 Exhibit# 16 KONROE COUNTY FILE t 1 3 80076 OFFICIAL RECORDS BK#1 9 0 3 PG#1 9 7 9 RCD Jun 30 2603 02,54PN pRErARIDaYANDREruRNTQ: DANNY L KOLKAGB CLERK RicHARD M. KUT NICK ► RicttARD M. KUTEMCK, P.A. DIED D O C 624WHrrEHEADSTRSET @6/3@/2003 TAr0975 , 00 KEY WEs r, FL 33040 _—, DIP C L K 305.292-4101 FILE NUMBER: RE03.031 (Space Above This Line For Recording Datal, Docp 1962037 Bk# 2663 P913 2020 wARRANTY DEED THIS WARRANTY DEED made this 30* day of June, 2003 between STOCK ROCK ENTERPRISES, INC., a Florida corporation, whose post office address is P.O. Box 6626, Key West, FL 33041, ("Grantor"), and SUNCREST LAN -DING, LLC, a Florida Limited Liability Company, whose address is 625 Truman Avenue, Key West, FL 33040 ("Grantee") (Whenever used herein the tams "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnessetk that said Grantor, for and in consideration of the sum of TEN AND NO/I00 DOLLARS ($10.00) and other good and valuable consideration to said grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said Grantee, and Grantee's heirs and assigns forever, the following described land, situate, lying and being in Monroe County, Florida to -wit - ON THE ISLAND OF STOCK ISLAND AND BEING LOTS NUMBERED 27 AND 28 OF SUN KREST SUBDIVISION, A SUBDIVISION OF A PART OF GOVERNMENT LOT 1, SECTION 34, TOWNSHIP 67 SOUTH, RANGE 25 EAST, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 107, OF MONROE COUNTY, FLORIDA PUBLIC RECORDS. AND ALSO A PARCEL OF SUBMERGED LAND IN SECTION 35, TOWNSHIP 67 SOUTH, RANGE 25 EAST, STOCK ISLAND, MONROE COUNTY, FLORIDA, LYING SOUTHERLY OF AND ADJACENT TO LOTS 27 AND 28 OF SUN KREST SUBDIVISION, AS RECORDED IN PLAT BOOK 1, PAGE 107, PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SW CORNER OF SAID LOT 27, SAID SW CORNER BEING AT THE MEAN HIGH WATER MARK OF COW KEY CHANNEL; THENCE NORTHEASTERLY ALONG SAID MEAN HIGH WATER MARK TO THE SE CORNER OF SAID LOT 28 OF SUN KREST SUBDIVISION; THENCE SOUTHEASTERLY ALONG THE EXTENSION OF THE EASTERLY LINE OF SAID LOT 28, 221.0 FEET; THENCE WITH A DEFLECTED ANGLE TO THE RIGHT OF 10111 30' RUN WESTERLY 102.1 FEET, MORE OR LESS, TO THE INTERSECTION WITH SOUTHEASTERLY EXTENSION OF THE WESTERLY LINE OF SAID LOT 27; THENCE NORTHWESTERLY ALONG SAID SOUTHEASTERLY EXTENSION 210.0 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. CONTAINING 0.51 OF AN ACRE, MORE OR LESS. PARCEL ID# 00132670-000000 & 00132680.000000 SUBJECT TO: TAXES FOR THE YEAR 2003 AND SUBSEQUENT YEARS SUBJECT TO: LIMITATIONS, CONDITIONS, EASEMENTS, RESTRICTIONS OF RECORD, IF ANY. STOCK ROCK ENTERPROES, INC. TO SuNCRE9T LANAWPO LLC $170 $uNcResrROAat KerWear, FL PA®E I oP2 r� r Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever- DocU 19621337 Oka 2663 Pga 2021 CM And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee as good right and lawful authority to sell and convey said land; that the grantor simple; that the grantor h hereby fully warrants the title to said land and will defendagainst the lawful claims of all persons the same ag wbosoever, and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, m 2002. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: Witness # 1 si ature P ° t names t • Sfe�ln/ fitness 1 si lure Print name .0 t chard L. BeraW, presidento by Richard M. Klite .nick, as attorney -in -fact. I Y CERTIFY that on this day personally appeared before me, d to ersonally known to m administer oaths and take acknowledgements, RiC M. n or who produced as identification, ro who is the agent of principal, RICHARD L. BERARD under that certain Power of Attorney dated June 2003, as the Grantor described in the forcgoing Warranty Deed, and he acknowledged to me that he executed the same freely and voluntarily for the purposes therein expressed, with all requisite authority on behalf of the principal, RICHARD L. BERARD, as President of Stock Rock Enterprises, Inc.. WITNESS my hand and official seal at Key West, Monroe County, State of Florida, this day June, 2003. 11-4 �F;jZ% \» *1rhAh-, C. SHENroN t t Ma C., m EV. IVA403 ®anauY� 14aerWt (1 Orw I.D. CIAW PAW CGYaGstTnaKmw°r,rAsrrP"'O u O ""Gs.dre Public -State of Florida r Commission No. er rr SrOCKROC®rEJWMPMES, IMC. yOSjUNCRESrLpNO/No, LLC 5irssuNCResrROAv, KzrWEsr, FL PAGE?Of2 Exhibit# 17 SUNCREST LANDINGS, LLC 5176 Suncrest Road Key West, Florida LEGAL DESCRIPTION On the Island of Stock Island and being Lots numbered 27 and 28 of SUN KREST SUBDIVISION, a subdivision of a part of Government Lot 1, Section 34, Township 67 South, Range 25 East, according to Plat thereof recorded in Plat Book 1, Page 107, of Monroe County, Florida Public Records. A parcel of submerged land in Section 35, Township 67 South, Range 25 East, Stock Island, Monroe County, Florida, lying southerly of and adjacent to Lots 27 and 28 of SUN KREST SUBDIVISION, as recorded in Plat Book 1, Page 107, Public Records of Monroe County, Florida, more particularly described as follows: begin at the SW corner of said Lot 27, said SW corner being at the mean high water mark of Cow Key Channel; thence northeasterly along said mean high water mark to the SE corner of said Lot 28 of SUN KREST SUBDIVISION; thence Southeasterly along the extension of the easterly line of said Lot 28, 221.0 feet; thence with a deflected angle to the right of 101' 30' run westerly 102.1 feet, more or less, to the intersection with southeasterly extension of the westerly line of said Lot 27; thence northwesterly along said southeasterly extension 210.0 feet, more or less, to the point of beginning. RE and Alternative Key Numbers RE Numbers Alternative Key Numbers 00132680-000000 1167142 =a a aN, wN �w Q-4 n WC 0. KXYM Exhibit# 18 Ir 1 . \ �5 `L It t 1 L � e . \ 1 9 � ` t >- W. U. 9 I al I s � 3reM■Y!; yi IRIII I , 6 � �88eob6 LLi LLJ>— CD LAJ 00 C-4 C-1 CD 0 Mob O-A Val pops J J urZ`` JIM 14 Exhibit# 19 Planning & Environmental Resource* Deaarttnent 2798 Overseas Highway, Suite 410 Marathon, FL 33050 Voice: (305) 289-2500 FAX: (305) 289-2536 November 14, 2013 Smith Oropeza, P.L. Attn: Barton Smith 138-142 Simonton Street Key West, FL 33040 Countyof r • i11 ii I. • " 1 Board of County Commissionen Mayor George Neugent, District 2 Mayor Pro Ten-4 Heather Carruthers, District 3 Danny L. Kolhage, District 1 David Rice, District 4 Sylvia J. Murphy, District 5 Doca 1962037 Bkq 2663 P9p 2025 This letter is in response to your request for a determination as to the number of dwelling units that were lawfully established and thereby exempt from the Residential Rate of Growth Ordinance (ROGO) permit allocation system on the above -described premises. Background Information: The subject property is located at 5176 Suncrest Road on Stock Island, at approximate mile marker 5 on the Atlantic Ocean side US 1. The existing mobile home park on the property is known as Suncrest Landings. The property is comprised of one parcel of land It is legally described as Lots 27 and 28, Suncrest (Plat Book 1, Page 107), Stock Island, Monroe County, Florida, with the parcel currently assessed under real estate (RE) number 00132680.000000. Note: The aforementioned RE number was expanded by aggregation with other parcels by the Monroe County Property Appraiser for the 2006 tax roll. Prior to 2006, the property was assessed under RE #00123460.000000, RE #00132670,000000 (Lot 27) and RE #00132680.000000 (Lot 28). The property is located partially within the Mixed Use (MU) Land Use (Zoning) District and partially within a Native Area (NA) Land Use (Zoning) District. Consistent with the boundaries of the MU/NA districts, it is within Mixed Use/Commercial (MC) and Residential Conservation (RC) Future Land Use Map (FLUM) categories. Existing residential development is entirely within the MU/MC portion of the site. The following aerial photograph shows the boundaries of the property and the land use districts of the immediate area: Suncrest, Letter of Development Rights Determination (File #2013-133) Page 1 of 7 � � e liAl M+... w • ra'. r •dam/ ra € •w"-' - � ��. ��' �. _ - �".. _ i vE °i':�i�in%x 15 =-tea -f_' ��`. : "••9.'�-rmem `:°.'�• - � . lr , r� :� ':� , •fr ` ,%.tom.. ,,r., A n r DocM 1962037 Bk# 2663 Pg# 2027 Residential Dwelling Units: The applicant asserts that the 8 residential dwelling units are lawfully -established and thereby exempt from the ROGO permit allocation system. Pursuant to §138-22(1), the ROGO shall not apply to the redevelopment, rehabilitation or replacement of any lawfully -established residential dwelling unit that does not increase the number of residential dwelling units above that which existed on the site prior to the redevelopment, rehabilitation or replacement. Therefore, owners of land containing residential dwelling units shall be entitled to one unit for each such unit lawfully -established. The planning director shall review available documents to determine if a body of evidence exists to support the existence of units on or about July 13, 1992, the effective date of the original ROGO ordinance. In order to approve an exemption, at least two of the following documents supporting the lawful existence of the residential dwelling unit or space must be found: Any issued Monroe County building permits) supporting the existence of the structure(s) and its uses) on or about July 13, 1992: The following building permits are on file in the Building Department's records: FU #f 32680:606®0,k^: iga'. i'/..:sss::4y.A :4.Yy �Daa'iP1:''ur:,-ev'9+ :fF:9.' Iqt's6'�4.. y1-.i.fi, a"'R. �rL ✓�.�i':-�.:,:C_, w•:_s:.,yti:.2 ;�: _i�n"•'. `•,_.,.:+t. ^, r_ : 'Y �..i � a ?> ; ; . ;tom rf •, Permit # Date Issued Descri lion A-2152* 03/17/1977 Construct addition to mobile home Unit #2 A-2267* 04/14/1977 Install 150 qLnp electric service and sub feed nit #? 991-2674 11/12/1999 Replace meter can and riser nit #? 101-5181 08-31-2010 Move electric service(Unit#5 121-1525 4/3/2012 Install sewer connection to 8 trailers 121-4915 12/05/2012 Sewer tie in Unit #3 1214917 12/05/2012 Sewer tie in nit #4 121-4920 12/05/2012 Sewer tie in nit MA 121-4927 12/05/2012 Sewer tie in nit # I 121-4928 12/05/2012 Sewer tie in nit #5 RE#110�23.460:®OOQO'4�ombinedwi11_% 'IE�E#OQ13268®:if0(?0®®'m2006 y` , Permit # Date Issued Descri tion None RE#4oui�3267b0000ao • co�eine�;�n >�y#ooi��so.00000a in�zo'os �,: * , .x;: ��:�-�� _ Permit # Date Issued Description A-7906 03/02/1981 Install swimming pool 011-3227 09/20/2001 Interior renovations Unit #7 021-3171 07/24/2002 Relocate existing 200 amp electric service nit #3 * Also on file with RE #00132670.000000 There is not a building permit(s) on file in the Building Department's records for the construction of the mobile home park and the installation of the original mobile homes. Suncrest, Letter of Development Rights Determination (File #2013-133) Page 3 of 7 The building permits on file for other improvements support the existence of a mobile home park. Building Permit #A-2152 approved an addition to a mobile home. Building Permit #011- 3227 renovations to a mobile home. Building Permits #A-2267, #991-2674, #101-5181 and #021-3171 approved electric work associated with existing mobile homes. Building Permits #121-1525, #121-4915, #121-4917, #1214920, #121-4927 and #121-4928 approved sewer work, which included a sewer connection for 8 trailers and 5 lateral tie-ins to the connection. Concerning the total number of units served by the sewer connection, it should be noted that wastewater -related building permits were expedited at that time and the Planning Department did not review such applications to determine if the development served by the wastewater -related was lawfully established. To clarify this issue, the permit included the following language "THE ISSUANCE OF THIS PERMIT IN NO WAY AUTHORIZES OR RECOGNIZES A LAWFUL DWELLING UNIT ON THIS PARCEL. SEPARATE APPROVAL PROCESS IS REQUIRED FOR ESTABLISHING STATUS OF LAWFUL UNIT (IF APPLICABLE)." Of importance to the total number of mobile homes in place at the time in which the ROGO was adopted in 1992, the applications for Building Permits #011-3227 and 021-3171 include copies of the same survey of the property from 1991 (by Robert E. Reece, P.A.). The survey shows 6 mobile homes, 5 of which were located in the same location/configuration as the single-family mobile homes and the two-family mobile home observed on the site visit (Units #2, #3, #4, #5, #6A and #6B). In addition, the sixth mobile home on the survey was located in the same location as one of the existing RVs observed on the site visit (Unit #1). Documentation from the 1Llonroe County Property Appraiser's Office indicating residential use on or about July 13, 1992: For the parcel currently identified as RE #00132680.000000, the Property Appraiser currently assesses the parcel under a property classification code of 08 (Multifamily less than 10 units). Eight residential buildings are currently attributed to the property. "%✓f %) . L'.- 'j'_'- { - . 0' Ad`N. g�GO'Y4�j13 " f 1 "AiK y < 'Moiiroa:Coaan .'.Pro "'w¢A serData9 2oi3 ��.= .. �` r Building # Year Built a /S care oota e #1 1972 R1 648 SF - 12' x 54' #2 1972 R1 444 SF - 12' x 37' #3 1978 RI 480 SF - 12' x 40' #4 1978 R1 407 SF - I V x 37' #5 1978 Rl 240 SF - 8' x 30' #6 1972 Rl 472 SF - 12' x 40' #7 1972 Rl 878 SF - approx. 24' x 40' #8 1955 I R1 189SF-14'x18' * Note: The Building numbers assigned by the Monroe County Property Appraiser do not correspond with the address numbers, as shown on the image on page 2 of this letter. ** An appraiser note dated 2001 indicates that Building #4 is a "travel trailer" and Building #5 is a "RV" Suncrest, Letter of Development Rights Determination (File #2013-133) Page 4 of 7 • • 1962037 2029 • - 1 . ►, .. 11 , ! 111111' . 11' .: 1 111'/1! . • • . •. July 13, 1992: Aerial photography from January 1984 to 2012 confirms the continuous existence of at least four structures on the property (Units #2, #3, #4, and #5). Other structures were in existence during that timeframe, but are not visible due to obstructing vegetation on the site. As a note, aerial photography can only confirm the number of structures, not the number of dwelling units, in existence at any given time. •�¢;s:s`s�.tP>_ %(•'" ... f 1=J�HIM4�l fresT�:17WTrp•1�$4w°C1Q89.�: "-' 'LYc .. "�r;;}gv:'!/��j1'��-'e�r.�:./u�(�:.s�+._ ex ea ..f . �P.Ni .. T 9. .:x lr Vf!r]+V.F0.Yi0 A$b� ; �,1.993.x19,..002°� 2Q06Y�ZOQ9. f..20�2:�', Unit 1 X X X X X Unit 2 X X X X X X X X Unit 3 X X X X X X X X Unit 4 X X X X X X X X Unit 5 X X X X X X X X Unit 6 Unit 7 X X X X X X X re /1. /1. R//..... Renta4 occupancy or lease records, on or about July 13, 1992, indicating the number, type and term of the rental or occupancy: •11111111• State and/or County licenses, on or about July 13, 1992, indicating the number and types of rental units: No State or county licenses were provided for review. Documentation from the utility providers indicating the type of service (commercial or residential, provided and the number of meters in existence on or about July 13, 1992: Suncrest, Letter of Development Rights Determination (File #2013-133) Page 5 of 7 1 r1 r1 _ /t The applicant submitted thirteen electrical connect orders from between 1957 and 1988. A letter from the Florida Keys Aqueduct Authority was submitted showing 10 accounts were established between 1950 and 1963. It is unclear as to where these electric and water meters were located. Note: Water and electric service were likely provided at times earlier than the aforementioned dates; however records confirming/supporting such were not provided. Similar supporting documentation not listed above as determined suitable by the planning director. - Site visits were conducted by Planning & Environmental Resources Department staff on October 15, 2013 and October 21, 2013. Staff observed 5 mobile homes and 2 recreational vehicles, with one of the mobile homes being a duplex with symmetrical design and each unit having a kitchen, bathroom and bedroom. The 1988 Monroe County Mobile Home Study indicates 5 mobile homes were observed on the property at that time. However, it should be noted that the surveyor's objective was to obtain a county -wide estimate of mobile homes and recreational vehicles, not necessarily an exact total, and the surveyor may not have been authorized to enter the private property to get an accurate account on the subject property. Lawful Determination., Based on a review of the records associated with the subject property, the Planning & Environmental Resources Department has determined that seven (7) permanent residential dwelling units were lawfully -established on the subject property and their replacement would thereby be exempt from the ROGO permit allocation system. In the application, it is asserted that 8 mobile homes (permanent residential dwelling units) were lawfully established. This total corresponded to the total number of dwelling units observed by staff during the site visits. But regardless of the existing total, in order to provide a ROGO exemption for a given dwelling unit, the planning director shall review available documents to determine if a body of evidence exists to support the lawful existence of the dwelling unit on or about July 13,1992, the effective date of the original ROGO ordinance. Although there are not any building permits on file for the installation of the existing mobile homes and recreational vehicles, there is consistent evidence supporting the existence of 7 permanent residential dwelling units (Units #1, #2, #3, #4, #5, #6A and #6B). There are at least two pieces of evidence supporting each of these dwelling units as lawful. However, there is no documentation on file that supports the existence of Unit #7 in 1992, nonetheless its lawful existence. Conversely, the information on file indicates that Unit #7 was recently introduced to the site without the benefit of a permit. Unit #7 is not shown or identified in the 1991 survey included with Building Permits #011-3227 and 021-3171, it is not visible in any aerial photographs and it is not accounted for on past property record cards for Lot 27. Further, RVs have not been Suncrest, Letter of Development Rights Determination (File #2013-133) Page 6 of 7 Docn 1962037 Skq 2663 Pgq 2031 permitted in the MU district since its inception in 1986. In addition, it is important to note that an additional RV space could not have been permitted on the site from 1996 to present due the transient moratorium. Therefore, Staff has found that Unit #7 was not lawfully established and is thereby not exempt from the ROGO permit allocation system. [Note: records indicate that the second RV, Unit #1, was installed prior to 1986]. This letter does not provide any vesting to existing regulations and the replacement dwelling units and any new accessory structures must be built in compliance with all applicable regulations of the Monroe County Code and Comprehensive Plan at the time of development approval. Furthermore, if the exempted development is not replaced, but substantially improved as defined in the Monroe County Code, such development must be brought into compliance with all applicable regulations. You may appeal decisions set forth in this letter. The appeal must be filed with the County Administrator, 1100 Simonton Street, Gato Building, Key West, FL 33040, within thirty (30) calendar days from the date of this letter. In addition, please submit a copy of your application to the Planning Commission Coordinator, Monroe County Planning & Environmental Resources Department, 2798 Overseas Hwy, Suite 410, Marathon, FL 33050. We trust that this information is of assistance. If you have any questions regarding the contents of this letter or if we may further assist you with your project, please feel free to contact our Marathon office at (305) 289-2500. Sincerel/Sc;Z:b. Townsleenior Director of Planning & Environmental Resources Suncrest, Letter of Development Rights Determination (File #2013-133) Page 7 of 7 Exhibit# 20 A:.. a �rnm: �r AAK+.ES Aim PiiC $ LLC .::s."[.`LG :.i w:. .`.'`IT ': r'l�.'•.:� :.:,. J«wm:'1-.�'+`d.:'7� ',C �.i'.�'-_y"` ^�,,.. �a 'ice,+.. 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OPr..9.'4Ai : AUSE& ',C-,jmdc F rr• tf its sc' ,CUM VW O=A=Ne Od We 3%30ed 23 ar, a9ft-4 r► !* r. .47, i�MX-.y :° , Md to %* s' oG ¢letxa `+ M Zone , Se�fot A aar e,�.,e°' r .�x�.•ixicra ' ' �� r. ,se�.ys 315, rmr I - - i .•.� • . •sitr rc : .x. s ♦. a .. �. ..wry : .,., . _ .. :�. . ♦ .. ,♦,: �s .. ... . h. :. . r:...... � �., . .. -. ...r :. r: -,WS foft tW Of hod-��:tar�e: w gat ..r , Sjm=u Lam- f LO x3 (TyAW dr PfirdW Nam* or sear) meltu MGR asp •4 al .)** {TY04d o� e� fir) ssrI'ft nor saftes AcfttieM W PWPMM CO rA5w: %,rF=mvft'M. no roan a� TM vo Daate- r kf- Exsl: 04*0: Tm 0 t*r Tbwv m: rax to NO! ': o�ear n+aerras�ldr i r�+ew Ra.t w��sitwr� yirni..wruewrosaw �+o gyr tyt Q,_ *m a, I':_.�p aclk I i 4 Cd�pY alai dd� is Papm B a p ns. 1✓ CG ` r " OJOW Exhibit# 21 May 30, 2013 1 hereby authorize Barton W. Smith. Esq. of Smith Oropeza. P.L. be listed as authorized agent (Name of Agent) for Summerland Palms Investors. LLC. Oceanside Investors, LLC and Singh Investors LLC for the application submittal for (Name of Property Owner(s) the Applicant(s)) Key (island): Summerland Real Estate numbers: Summerland Palms Investors, LLC: Key (island): ftAlglgad Real Estate numbers: Oceanside Investors, LLC 100127420-000000 00127420-000100 This authorization becomes effective on the date this affidavit is notarized and shall remain in effect until terminated by the undersigned. This authorization acts as a durable power of attorney only for the purposes stated. The undersigned understands the liabilities involved in the granting of this agency and accepts full responsibility (thus holding Monroe County harmless) for any and all of the actions of the agent named, related to the acquisition of approvalslpermits for the aforementioned applicant. Note: Authorization is needed from each owner of the subject property. Therefore, one or more authorization forms must be submitted with the application if there are multiple owners. ProOwner(s) Signature lWan N. Singh, Managing Member Summerland Palms investors, LLC, Oceanside Investors, LLC, Singh Investors, LLC NOTARY- O•M a t s • s . The foregoing instrument was acknowledged before me this 30th day of Mom, 2013. Lime N. Slad is personally known produced identification Type 1:.. 1 i I::1 1 1o::1 did did nottake an oath. ��'�, , _ Notary 4 cFIWRYOROPEU My Cp1uWWXN 1 EE 00W EpIREs:July 1,ffit � Banded Thu NOWY NW L M M ft" man September 5, 2013 I hereby authorize Barton W. Smith, Esq. be listed as authorized agents (Name of Agent) for Suncrest Landing. LLC for the application submittal for (Name of Property Owner(s) the AppIicant(s)) Property described as 5176 Suncrest Road, South Stock Island, Key West, Florida 33040 Key (island): Stock Island and Real Estate number: 00132680-000000. This authorization becomes effective on the date this affidavit is notarized and shall remain in effect until terminated by the undersigned. This authorization acts as a durable power of attorney only for the purposes stated. The undersigned understands the liabilities involved in the granting of this agency and accepts full responsibility (thus holding Monroe County harmless) for any and all of the actions of the agent named, related to the acquisition of approvals/permits for the aforementioned applicant. Note: Authorization is needed from each owner' of the subject property. Therefore, one or more authorization forms must be submitted with the application if there are multiple owners. Prope Owner(s) Signature Sam Halland, asd9panager NOTARY: STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this 94'v1 day of 5mf4-ewber- , 201$ is ✓ personally known produced identification ( Type of Identification), did / did not take an oath. Notary �_•�. U ^' my comet ROP E C05958 PAGE 1 OF t i K EWRFS:J0 ti'U�«mt SeRtember 30, 2013 I hereby authorize Barton W. Smith, Egg. be listed as authorized agents (Name of Agent) for Coco Palms Developers, LLC for the application submittal for (Name of Property Owners) the Applicant(s)) Property described as Lot: 30, Sacarma Plat Book 2-48 of Cudjoe Key Key (island): Cudjoe Key and Real Estate number: 09174960-000000. This authorization becomes effective on the date this affidavit is notarized and shall remain in effect until terminated by the undersigned. This authorization acts as a durable power of attorney only for the purposes stated. The undersigned understands the liabilities involved in the granting of this agency and accepts full responsibility (thus holding Monroe County harmless) for any and all of the actions of the agent named, related to the acquisition of approvals/permits; for the aforementioned applicant. Note: Authorization is needed from each owner of the subject property. Therefore, one or more authorization form must be submitted with the application if there am multiple owners. NOTARY: STATE OF FLORIDA CnTTW'rV OF %4nV day of 2Addezeg- The foregoing Instrument was acknowledged before me this _'20 11 W CUA— S11AV is _ personally known '20 —,eL produced Identificatilon Type of Identification), did / did not take an oath. TIFFANY NWIE GARCIA I MY COMMSSION I FF WW EXPIRES: Jdy 7,2017 PAGE 1 OF 1 Exhibit# 22 5/30/2013 Oceanside Resort and Manna 5950 Peninsular Avenue Key Wes, Florida 33040 9-mm2r/Devaf2ma Oceanside Investors, LLC P.O. box 2039 Key West, Florida 33045 GENERALINFORMATION: Future Land Use Map: MC (Mixed Use Commerdal) Lend Use: MU (Mixed Use) 'flier Deslgmtlon: Tier III Gross Acres: 19.84 AC Net Acres: 11.18 AC Dwelling Units: 78 Hotel Rooms: 5 Restaurant: 3859 SF Miscellaneous other: (Lobby/es/Marina Storq/Dockmaster Fitness Center/Bath House/Maintenance/Housekeeping/Watersports: 15400 SF Wet Slips. 106 Existing Permitted Slips & 8 Existing Slips To Be Permitted Parking Required: 262 Parking Provided: 262 (207 Standard, 7 MCP, 48 Scooter) IMPERVIOUS/PMVIOUS DATA: UPIAND AREA Gross Acres Submerged Acres Total Upand Acres Unit/Hotel ReStaurant/Lobby/Offices Marina Store & Dockmaster Gate House Bath House Maintenance & Fitness Center Housekeeping Watersporbs Existing Boat House Existing Southem Condos Total Lot Coverage By Shructurser SF 15400 0.35 SF AC 864,230 19.84 377230 8.66 487,0M 11.18 42954 9425 1433 86 1000 1500 1200 540 21924.98 23732.69 103795.67 1=03mam BY SF Roads/Parking 118,237.49 SF 118237.49 Pools/Plaza 13S32.79 SF 13532.79 Sidewalks 13,532.63 23769.63 Misc Concrete (Dumpster Pad, Retaining Wall, & Curbing) 4730.83 SF 4730.64 Land Plers (ExisWV) 30002.7 SF 38002.7 Total Lot Coverer By Roads, Wslkvrays Il Pools 19873.44 SP (4.S52 AQ 195273.5 INOMMUS/PERVIOU, PARIMnAGIE SF Total Upland Acres 487001 Total Impervious Acres 3M219 Impervious Percentage of Site 61.85% Total Open Space Ames 195791.77 Open Space Percentage of Site 38.15% Open Space Required 20% Rlt3U*REO LANBSCAPI! EUFMA YARDS Major Street Buffer -No Major Streets Street Tree Requirement- Peninsular Ave 650 LF / 100 = 7 Trees MU Abutting URM- Type C 10' Bufferyard MU Abutting MU- Not App9cable REQUZA20 PARlCIi2♦7 t ANDSCAPE Parking Lot- Class C Parking Lot Landscaping 2.39 AC 4.53 AC 4.26 ■ DccN 1962037 BkO 2663 PqN 2045 a a d V a C a 2 D .►a N N C� It .-e m V1 !n w tv h d4 at N X O� 00 OM lA ®IJtC1 i H N _ ! a G 7 OI .4 to 00 00 in to .+ .4 00 N N 00 c m h N ® p Ivy N® tail ry N m ! C N _a Yr w t{'i 17t •R v-o M ri .-e as st Qq 00 OD L N N O a N r N N v _Q h N +o us cn V q ®o ®a ®N `° ®N E co of 'O � N 0� a M ~in aM 6ui NN 00 Oi:y O +~D 4 ii p N a ae N rt is v d0 C C c r Y 4 € cm I v C N PO p A 6A a 00 V C d v NN d ei ^ � d Y d cry p IL n u a Oi C OD 00 v— aa� x3 u® a 06 u p�pp as u e N u 740 a3 v:1 z ith tA.T. nth 01 SER %0 f(Av itAF- ■ Qoca 1962037 Bk6 2Eo3 PqN 2046 in ry r 7i pO N ° CCZcY,) is CONCEPTUAL SITE PLAN 1`i>{{ ..» x for tt I ttri f .(' r' .- { OCEANS{DE RESORT 8 MARINA '•ea u+rlux yvE. 4I lS} d'°\'P1 t•dl FdP�A. [',[•PdItP B '�°8}. � �- 11,11 l 11IN011 WHEREAS, during a regularly scheduled public meeting held on December 11, 2013, the Monroe County Board of County Commissioners conducted a public hearing to review and consider a request filed by Attorney Barton W. Smith, on behalf of Summerland Palms Investors, LLC; Coco Palms Developers, LLC; Suncrest Landing, LLC; Singh Investors, LLC; and Oceanside Investors, LLC for a Development Agreement (Agreement) in accordance with Monroe County Code § 110-132, § 110-133 and § 130-161.1 and Florida Statutes § 163.3220 et. seq., the "Florida Local Government Development Agreement Act", and WHEREAS, the Agreement allows the transfer of 46 Residential Rate of Growth Ordinance (ROGO) exemptions — known as Transferable ROGO Exemptions (TRE's) - from sender sites at 24930 Overseas Highway owned by Summerland Palms Investors, LLC ("Summerland Site") (22 market -rate permanent TRE's); 21585 Old State Road 4A owned by Coco Palms Developers, LLC ("Cudjoe Site")(17 market -rate permanent TRE's); and 5176 Suncrest Road owned by Suncrest Landing, LLC ("Stock Island Site") (7 market -rate permanent TRE's) to a receiver site at 5950 and 5970 Peninsular Avenue owned by Oceanside Investors, LLC ("Oceanside"), in accordance with § 130-161.1 of the Monroe County Code. On the sender sites, the residential dwelling units from which the transferred market -rate TRE's are derived shall be converted to, or replaced with, deed -restricted affordable housing; and Page I of 5 (BOCC Dec. 11. 2013) Doc# 1962037 Bk# 2663 P9# 2049 WHEREAS, Singh Investors, LLC, is an active Florida limited liability company which has a purchase agreement to purchase the Stock Island Site located at 5176 Suncrest Road, Stock Island, Florida, from Suncrest Landing, LLC, an active Florida limited liability company; and. WHEREAS, the Agreement involves the redevelopment of the receiver site located at 5950 and 5970 Peninsular Avenue, Stock Island, Florida. The site has historically been known as Key West Oceanside Marina (Oceanside); and WHEREAS, Oceanside, the receiver site, located at 5950 and 5970 Peninsular Avenue, Stock Island, is legally described as Block 60, portions of Lots 1, 2 and 3, Block 61, portions of Lots 1, 2 and 3, the portion of Maloney Avenue lying between Blocks 60 and 61, McDonald's Plat (Plat Book 1, Page 55), also described as a parcel of land in Sections 26, 34, 35 and 36, Township 37 South and Range 25 East, having real estate #00127420.000000 and #00127420.000100; and WHEREAS, the Summerland Site, located at 24930 Overseas Highway, Summerland Key, is legally described as Lot 55 and a portion of Lot 54, Summerland Yacht Harbor (Plat Book 2, Page 142), having real estate numbers #00194741.000100, #00194741.000200, 400194741.000300, #00194741.000400, #00194741.000500, #00194741.000600, #00194741.000700, #00194741.000800, #00194741.000900, #00194741.001000, #00194741.001100, #00194741.001200, #00194741.001300, #00194741.001400, #00194741.001500, #00194741.001600, #00194741.001700, #00194741.001800, #00194741.001900, #00194741.002000, #00194741.002100 and #00194741.002200; and WHEREAS, the Cudjoe Site, located at 21585 Old State Road 4A, Cudjoe Key, is legally described as Lot 30, Sacarma (PIat Book 2, Page 48), having real estate number 00174960.000000; and WHEREAS, the Stock Island Site, located at 5176 Suncrest Road, Stock Island, is legally described as Lots 27 and 28, Sun Krest (Plat Book 1, Page 107), having real estate number 00132680.000000; and WHEREAS, the Agreement is required as part of an affordable housing incentive program as set forth in § 130-161.1 of the Monroe County Code; and WHEREAS, the intent of the program outlined in §130-161.1 is to establish an appropriate incentive for mobile home park owners to maintain mobile home park sites, mobile home developments in Urban Residential Mobile Home (URM) and Urban Residential Mobile Home Limited (URM-L) districts, and contiguous parcels under common ownership containing mobile homes where any of the foregoing is presently serving as a primary source of affordable housing in Monroe County (any of the foregoing being an "eligible sender site") by providing an alternative development strategy to straightforward market -rate redevelopment; and WHEREAS, the program outlined in §130-161.1 allows the transfer of market -rate ROGO exemptions associated with lawfully established dwelling units now existing at an Page 2 of 5 (BOCC Dec. 11, 2013) DOCK 1962037 Bk# 2663 P90 2050 eligible sender site to be transferred to another site or sites in exchange for maintaining an equal or greater number of deed -restricted affordable dwelling units within Monroe County; and WHEREAS, the Agreement also approves a conceptual site plan for development on the Oceanside site subject to further site plan approval by the Planning Commission; and WHEREAS, the development agreement approves the addition of 78 residential dwelling units, which may be used as vacation rentals, up to 5 hotel rooms, a new restaurant, and other improvements related to the existing marina and accessory development; and WHEREAS, the Monroe County Planning Commission held a public hearing at its meeting on November 15, 2013; and WHEREAS, at the November 15, 2013, public hearing, the Planning Commission formally requested and recommended: a. revision to the development agreement to modify affordable housing income types of the 46 affordable housing units at the sender sites from 100 percent moderate -income to an approximate combination of 50 percent moderate -income, 25 percent median -income and 25 percent low-income; b. to expressly limit the height of all structures to 35 feet or less; and c. to modify the proposed duration of rent -controlled leases for existing mobile home residents from five years to seven years; and WHEREAS, based upon the information and documentation submitted, the Board of County Commissioners makes the following Findings of Fact: 1. The receiver site, Oceanside, 5950 and 5970 Peninsular Avenue, Stock Island, is located within a Mixed Use (MU) Land Use (Zoning) District. Further, it is designated within a Mixed Use / Commercial (MC) category on the Future Land Use Map (FLUM) and within a Tier III district on the Tier Overlay District Map; 2. The Summerland Site, a sender site, 24930 Overseas Highway, Summerland Key, is located within an Urban Residential Mobile Home (URM) Land Use (Zoning) District. Further, it is designated within a Residential High (RH) category on the Future Land Use Map (FLUM) and within a Tier III district on the Tier Overlay District Map; 3. The Cudjoe Site, a sender site, 21585 Old State Road 4A, Cudjoe Key, is located partially within Native Area (NA), Urban Residential Mobile Home (URM) and Suburban Commercial (SC) Land Use (Zoning) Districts. Further, it is designated partially within Residential Conservation (RC), Residential High (RH) and Mixed Use / Commercial (MC) categories on the Future Land Use Map (FLUM) and within a Tier III district on the Tier Overlay District Map; 4. The Stock Island Site, a sender site, 5176 Suncrest Road, Stock Island, is located partially within Mixed Use (MU) and Native Area (NA) Land Use (Zoning) Districts. Further, it is designated partially within Mixed Use / Commercial (MC) Page 3 of 5 o3occ Dec. i i, Zoo) Doc" 1962037 8k" 2663 Pg" 2051 and Residential Conservation (RC) categories on the Future Land Use Map (FLUM) and within Tier I or III districts on the Tier Overlay District Map (affordable housing would be Iocated entirely within the Tier III portion of the site); 5. On July 30, 2013, the development agreement was reviewed by the Development Review Committee; 6. The Monroe County Planning Commission held a public hearing at its meeting on November 15, 2013, which was the first of two required public hearings, and recommended approval to the Board of County Commissioners in Resolution P29- 13; 7. Florida Statutes § 163.3220 authorizes Monroe County to enter into development agreements with landowners and/or governmental agencies to encourage a stronger commitment to comprehensive and capital facilities planning, ensure the provision of adequate public facilities for development, encourage the efficient use of resources, and reduce the economic cost of development; and WHEREAS, based upon the information and documentation submitted, the Board of County Commissioners makes the following Conclusions of Law: 1. The request is consistent with the provisions and intent of the Monroe County Code; 2. The request is consistent with the provisions and intent of the Monroe County Year 2010 Comprehensive Plan; 3. The request is consistent with the provisions and intent of the Lower Keys (MM 14.2 — 29.0) Livable CommuniKeys Plan; 4. The request is consistent with the Master Plan for the Future Development of Stock Island and Key Haven, also known as the Stock Island/Key Haven CommuniKeys Plan; 5. The request is consistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; 6. The development agreement is required as part of an affordable housing incentive program as set forth in § 130-161.1 of the Monroe County Code and furthers the provision of affordable housing in Monroe County; 7. The Agreement, among other things, is intended to and shall constitute a development agreement among the Parties pursuant to the Florida Local Government Development Agreement Act, Section 163.3223, et seq., Florida Statutes; Page 4 of 5 (BOCC Dec. 11, 2013) NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of Law support its decision to APPROVE the proposed Development Agreement between Monroe County; Surnmerland Palms Investors, LLC; Coco Palms Developers, LLC; Suncrest Landing, LLC; Singh Investors, LLC; and Oceanside Investors, LLC. PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS of Monroe County, Florida, at a regular meeting held on the I I'FH of December, 2013. Mayor Sylvia Murphy Yes Mayor pro tem Danny L. Kolhage Yes Commissioner Heather Carruthers Yes Commissioner George Neugent Yes Commissioner David Rice Yes IFI&W 0 0 BY: Mayor 9ylvia r&—rph AMY HEAVILIN, Clerk STATE OF FWRfDA COUNTV P- pj; ).-4 p .OE This com' Er, I Tr" COPY of the Original n117"N 6-4 gbh Office. -vVitom MY liand 2p 2r This day of A.D., 20 ai MOfN OE C UNTY ATTORNEY MNEY ASOVER AS&TO FO� Date Page 5 of 5 (BOCC Dec. 11, 2013)