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Item R2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 11, 2013 Division: Growth Manageme Bulk Item: Yes_ No X Staff Contact Person/Phone#: Christine Hurley 289-2517 Joseph Haberman 289-2532 AGENDA ITEM WORDING: A public hearing to adopt a resolution approving a Development Agreement between Summerland Palms Investors, LLC, Coco Palms Developers, LLC, Suncrest Landing, LLC, Singh Investors, LLC, Oceanside Investors, LLC, and Monroe County, Florida allowing the transfer of up to 46 permanent, market-rate ROGO exemptions, with corresponding affordable housing deed-restrictions on 46 mobile homes. This development will require 46 transferable development rights(TDRs). (Quasi-judicial proceeding) ITEM BACKGROUND: The agreement involves four properties: • Oceanside Marina, 5950 and 5970 Peninsular Avenue, Stock Island,Mile Marker 5 (Receiver Site) • 24930 Overseas Highway, Summerland Key, Mile Marker 25 (Sender Site) • 21585 Old State Road 4A,Cudjoe Key,Mile Marker 22(Sender Site) • 5176 Suncrest Road, Stock Island, Mile Marker 5 (Sender Site) The agreement would allow the transfer of market-rate permanent ROGO exemptions — known as Transferable ROGO Exemptions (TRE's) - from sender sites at 24930 Overseas Highway (22), 21585 Old State Road 4A (17) and 5176 Suncrest Road (7) to a receiver site at 5950 and 5970 Peninsular Avenue, in accordance with MCC §130-161.1. 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 99-year deed-restricted affordable housing, prior to the a C.O. being issued for market-rate permanent units at 5950 and 5970 Peninsular Avenue. The agreement also involves the redevelopment of 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 5 new hotel rooms, a new restaurant with up to 150 seats, and other improvements related to the existing, partially-condominiumized marina and accessory development. 22 existing, market-rate permanent units(under condominium ownership), a boat barn(under condominium ownership), marina slips (under condominium ownership) and ancillary/accessory buildings would be maintained. An existing boat barn/light industrial building would be demolished. The residential density, under maximum net density, would not exceed 100 total permanent residential units and 5 transient units. 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. New residential or nonresidential buildings shall not exceed 35 feet in height. Public access will be provided from 7:00 am until dusk. On July 30, 2013, the development agreement was reviewed by the Development Review Committee. On October 30, 2013, the Planning Commission held a public meeting to discuss the development agreement and corresponding major conditional use permit amendment application. On November 15, 2013, the Planning Commission held a public hearing and recommended approval of the agreement with revisions: the affordable housing income types shall be maintained approximately at 25% low, 25% median and 50% moderate; the maximum height of structures shall be 35% and the existing occupants of the mobile home sites shall be given an opportunity to reside there up to 7 years at the same rental rate. The applicant agreed to the Planning Commission's requested revisions. PREVIOUS RELEVANT BOCC ACTION: n/a CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATIONS: Staff recommends approval. TOTAL COST: INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year ep APROVED BY: County Atty 9 x OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM MONROE COUNTY,FLORIDA RESOLUTION NO. -2013 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING A DEVELOPMENT AGREEMENT BETWEEN AND AMONG MONROE COUNTY; SUMMERLAND PALMS INVESTORS, LLC; COCO PALMS DEVELOPERS, LLC; SUNCREST LANDING, LLC; SINGH INVESTORS, LLC; AND OCEANSIDE INVESTORS, LLC ALLOWING THE TRANSFER OF UP TO 46 MARKET-RATE ROGO EXEMPTIONS FROM MOBILE HOME PARK SITES (SENDER SITES) TO A PROPERTY ON STOCK ISLAND KNOWN AS OCEANSIDE (RECEIVER SITE) IN ACCORDANCE WITH MONROE COUNTY CODE SECTION 130-161.1; REQUIRING THAT THE UNITS ON THE SENDER SITES SHALL BE CONVERTED TO, OR REPLACED WITH, AFFORDABLE HOUSING UNITS, AND CONCEPTUALLY APPROVING THE REDEVELOPMENT OF THE RECEIVER SITE 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 1 of 5(BOCC Dec. 11,2013) 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, #00194741.000300, #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 (Plat 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) 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(BOCC Dec. 11,2013) and Residential Conservation (RC) categories on the Future Land Use Map (FLUM) and within Tier I or III districts on the Tier Overlay District Map (affordable housing would be located entirely within the Tier III portion of the site); 5. On July 30, 2013, the 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; Summerland 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 11 TH of December , 2013. Mayor Sylvia Murphy Mayor pro tem Danny L. Kohlage Commissioner Heather Carruthers Commissioner George Neugent Commissioner David Rice BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: Mayor Sylvia Murphy (SEAL) ATTEST: AMY HEAVILIN, CLERK Deputy Clerk ArD �A,`a ra Fors ... Date: ,,.,, Page 5 of 5(BOCC Dec. 11,2013) 1 2 3 4 DEVELOPMENT AGREEMENT 5 6 THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into on the_day 7 of 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 I. 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) 1 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, goals, 7 objectives and policies of the Monroe County Comprehensive Plan which contains goals and 8 objectives that seek to encourage the provision of affordable housing through incentive 9 programs and regulations (including but not limited to Goal 601, Objective 601.1, Objective 10 601.2 and Objective 601.6). 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 units 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)(b)(i)(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) 1 in Sections 26, 34, 35 and 36, Township 37 South and Range 25 East. A complete legal 2 description is provided in Exhibit 2. 3 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 1014(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 Planning Commission Resolution#P52-97 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) 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. 25 26 14. The scope of work approved by Planning Commission Resolution #P21-07 was only 27 partially completed. As of the date of this Agreement, development on the Oceanside 28 Property consists of twenty-two (22) attached, market rate dwelling units (under 29 condominium ownership); a 372 square foot pool house; a 30,090 square foot 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 square foot Dock master office; a 1,232 square foot bath house; 32 a 4,500 square foot restaurant; a 102 square foot guard house; and a 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) I 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 Summerland Palms Property is legally described as Lot 55 and a portion of Lot 54, 14 Summerland Yacht Harbor, Plat Book 2, Page 142. A complete legal description is 15 provided in Exhibit 9. 16 17 3. As of the date of this Agreement, the Summerland Palms Property is assessed by the 18 Monroe County Property Appraiser as real estate numbers 00194741.000100, 19 00194741.000200, 00194741.000300, 00194741.000400, 00194741.000500, 20 00194741.000600, 00194741.000700, 00194741.000800, 00194741.000900, 21 00194741.001000, 00194741.001100, 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 26 4. The Summerland Palms Property currently has an Urban Residential Mobile Home 27 ("URM") Land Use (Zoning) District designation and a Residential High ("RH") Future 28 Land Use Map designation. A copy of the Land Use District Map and Future Land Use 29 Map for the Summerland Palms Property is attached as Exhibit 10. 30 31 5. The Summerland Palms Property currently has a Tier Overlay District designation of Tier 32 III. 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 Summerland Palms Property is entitled to twenty-two (22) Residential Rate of Growth 37 Ordinance (ROGO) exemptions. The letter is attached as Exhibit 11. 38 39 M. Cudjoe Coco Palms, 21585 Old State Road 4A, Cudjoe Key, Florida is generally described 40 as follows: 41 42 1. Coco Palms Developers, LLC owns that certain real property located at 21585 Old State 43 Road 4A, Cudjoe Key, Florida ("Cudjoe Coco Palms Property"). A copy of the Quit 44 Claim Deed evidencing Coco Palms Developers' ownership is attached as Exhibit 12. 45 Historically and currently the Cudjoe Coco Palms Property was and is used as a mobile 46 home/recreational vehicle park. Page 5 of 30(November 27,2013 version) 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 ("URM"), 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) I 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 II. PURPOSE 9 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) I 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 I. 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 III. AGREEMENT REQUIREMENTS 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 Property currently has a MU Land Use (Zoning) District designation 2 and a corresponding MC Future Land Use Map designation. 3 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 ("URM") Land Use (Zoning) District designation and a Residential High ("RH") 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) I c. In accordance with this Agreement and with the URM Land Use (Zoning) District, as 2 set forth in Monroe County Code Section 130-99, and in compliance with other 3 provisions of the Code, the permitted uses in the URM Land Use (Zoning) 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 6 affordable housing. 7 8 d. The Summerland 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") and Suburban Commercial ("SC") Land Use 22 (Zoning) District designations and Mixed Use Commercial ("MC"), Residential 23 Conservation("RC") and Residential High(RH) 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) 1 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 ("MC") and Residential Conservation ("RC") 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) 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) 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 further 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 thirty-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 lawfully 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 of 30(November 27,2013 version) I 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) 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 I. 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 long 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 vacation 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 25 J. Deed Restrictions for Affordable Housing. The Summerland Palms Property consists of 26 twenty-two (22) parcels of record, with the mobile home spaces/parcels depicted in a survey 27 of the Summerland Palms Condo Association, Inc. dated August 22, 2007. The Cudjoe Coco 28 Palms Property consists of one (1) parcel of record, with the mobile home spaces depicted in 29 the survey dated September 10, 2013. The Stock Island Suncrest Property consists of one (1) 30 parcel of record, with the mobile home spaces depicted in the survey dated September 10, 31 2013. 32 33 a. The Summerland 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. and legally described in Exhibit 9 of this Agreement. 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 I. Recitals, M. and legally described in Exhibit 13 of this Agreement. 39 c. The 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 I. 41 Recitals,N. and legally described in Exhibit 17 of this Agreement. 42 43 K. Affordability Compliance. 44 a. Affordable housing definitions. Page 15 of 30(November 27, 2013 version) I 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) I that represents 120 percent of the monthly median adjusted household income for 2 the county. 3 4 * * * * * * 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 15 determine maximum rental rates and maximum household incomes eligible for 16 affordable housing rental or purchase. 17 18 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 rule concerning household income, a household's 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) I 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 Size of Unit Assumed Family Size Minimum Occupancy Efficiency(no separate 1 1 One bedroom 2 1 Two bedroom 3 2 Three bedrooms 4 3 Four or more bedrooms 5 1 per bedroom 5 6 vi. 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 Housing 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) 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 of 30(November 27,2013 version) 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)(i)(1) 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 leases), 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) 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) I 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 Planning Commission has 28 final authority over development approval and the site plan which may be amended by the 29 Planning 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) 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 Parry to 8 comply with the terms of this Agreement after Notice as provided herein. 9 10 b. Notice: Upon any Parry's material breach of the terms and conditions of this 11 Agreement, the non-breaching Parry 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 Parry 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 ii. 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) I ii. 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 further 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) I 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 12th 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) 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 8 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 financial inability of such party to perform and 16 excluding delays resulting from appeals or rehearing, shall excuse the performance by such 17 parry 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 parry 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 AA. 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 Procedure and usual and customary procedures required by the circuit court of Monroe 2 County. 3 4 EE. Time of Essence. Time shall be of the essence for each and every provision of this 5 Agreement. 6 7 FF. Entire Agreement. This Agreement, together with the documents referenced herein, 8 constitute the entire agreement and understanding among the Parties with respect to the 9 subject matter hereof, and there are no other agreements, representations or warranties other 10 than as set forth herein. This Agreement may not be changed, altered or modified except by 11 an instrument in writing signed by the Party against whom enforcement of such change 12 would be sought and subject to the requirements for the amendment of development 13 agreements in the Act. 14 15 GG. Counterparts. This Agreement may be executed in one or more counterparts, and by 16 different Parties hereto in separate counterparts, each of which when executed shall be 17 deemed to an original but all which taken together constitute one and the same agreement. 18 19 HH. Recording. Monroe County shall record this Agreement with the Clerk of the Circuit Court 20 of Monroe County within fourteen (14) days following signature by all Parties. Oceanside 21 Investors agrees that it shall be responsible for all recording fees and other related fees and 22 costs related to the recording and delivery of this Agreement as described in this section. 23 The provisions hereof shall remain in full force and effect during the term provided herein 24 and shall be binding upon all successors in interest to the Parties to this Agreement. 25 26 II. Conflicting Resolutions. All resolutions or parts thereof in conflict with the provisions of 27 this Agreement and its resolution are hereby repealed to the extent of such conflict. 28 29 JJ. Severability. If any part of this Agreement is contrary to, prohibited by, or deemed invalid 30 under any applicable law or regulation, such provisions shall be inapplicable and deemed 31 omitted to the extent so contrary, prohibited, or invalid; however, the remainder of the 32 Agreement shall not be invalidated thereby and shall be given full force and effect as if the 33 contrary,prohibited, or invalid provision was never a part hereof. 34 35 IV. Effective Date. The "Effective Date" of this Agreement shall be forty-five (45) days after it 36 is rendered to the Department of Economic Opportunity or upon the conclusion of any 37 appeal,whichever is later. 38 39 40 41 fBalance of this page intentionally left blank, signature page to follow] 42 Page 28 of 30(November 27,2013 version) I IN WITNESS WHEREOF,the Parties hereto have set their hands and seals on the day and year 2 below written. 3 4 Summerland Palms Investors,LLC Coco Palms Developers, LLC 5 6 _ B 7 8 Title: Title: 9 10 Date: Date: 11 12 13 Suncrest Landing,LLC Singh Investors,LLC 14 15 By- B 16 17 Title: Title: 18 19 Date: Date: 20 21 Oceanside Investors,LLC 22 23 By- 24 25 Title: 26 27 Date: 28 29 30 31 STATE OF 32 33 COUNTY OF 34 35 The foregoing instrument was acknowledged before me on this day of , 36 20 , by Pritam Singh, the managing member of Summerland Palms Investors, LLC, Coco 37 Palms Developers, LLC, Singh Investors, LLC, and Oceanside Investors, LLC. He is personally 38 known to me and did not take an oath. 39 40 41 Notary Public 42 43 Print Name 44 45 My commission expires: Seal 46 47 Page 29 of 30(November 27,2013 version) 1 2 STATE OF 3 4 COUNTY OF 5 6 The foregoing instrument was acknowledged before me on this day of , 7 20 , by , the managing member of Suncrest Landing, LLC. 8 He is personally known to me or provided as identification and did not take 9 an oath. 10 11 12 Notary Public 13 14 Print Name 15 16 My commission expires: Seal 17 18 19 20 21 22 ATTEST: AMY HEAVILIN, CLERK MONROE COUNTY BOARD OF 23 COUNTY COMMISSIONERS 24 25 26 DEPUTY CLERK Mayor Sylvia Murphy AhONROE COUNTY ATTORNEY PF '0 AS TO FO! Date: a: 44 z Page 30 of 30(November 27,2013 version) C'oNsilf' Exhibit# 1 Doc# 19375, Filed & Recorded in Official Records of MONROE COUNTY AMY HEAVILIN This document was prepared by 08/37/2013 2:00PM and should be returned to: DEED Doc STAMP CL: OS $33,250.00 Brian M.Jones,Esq. SHUTTS&BOWEN LLP 300 S.Orange Avenue,Suite 1000 Orlando,Florida 32801 SPECIAL WARRANTY DEED r DocN 1937508 BkN 2634 P99 572 THAT ATLAS FL II SPE LLC, a North Carolina limited liability company (hereinafter referred to as "Grantor'), for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration to it in hand paid by OCEANSIDE INVESTORS LLC, a Florida limited liability company (hereinafter referred to as "Grantee"), whose mailing address is 1010 Kennedy Dr, Suite 302, Key West, FL 33040, the receipt and sufficiency of which consideration are hereby acknowledged, and upon and subject to the exceptions, liens, encumbrances, terms and provisions hereinafter set forth and described, has GRANTED, BARGAINED, SOLD and CONVEYED, and by these presents does hereby GRANT, BARGAIN, SELL and CONVEY, unto Grantee all of the real property situated in 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, hereditaments, 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 1 7 EXHIBIT A TO SPECIAL WARRANTY DEED Legal Description THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF MONROE, STATE OF FLORIDA,AND IS DESCRIBED AS FOLLOWS: PART A: UNITS NO.1-4,J-6,J-9,1-11 AND 3-12 IN OCEANSIDE EAST DRY STORAGE CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM THEREOF,AS RECORDED IN OFFICIAL RECORDS BOOK 1918, PAGE 1967,OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA,AND ANY AMENDMENTS THERETO(THE"CONDOMINIUM PARCELS"). TOGETHER WITH EACH UNITS INTEREST IN THE NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS TO A LAUNCHING SITE AS MORE PARTICULARLY DESCRIBED IN THAT GRANT OF EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 1915, PAGE 92, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA,AND THE NON-EXCLUSIVE EASEMENTS FOR INGRESS, EGRESS, UTILITIES, DRAINAGE, ENCROACHMENTS AND MAINTENANCE AS MORE PARTICULARLY DESCRIBED IN THAT GRANT OF EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 1915, PAGE 100,OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. TOGETHER WITH THAT PARCEL OF LAND(THE"NON-CONDOMINIUM LAND")AS MORE PARTICULARLY DESCRIBED AS FOLLOWS: 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 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 480 22'45"WEST,A DISTANCE OF 7.77 FEET; THENCE SOUTH 090 55'20"WEST,A DISTANCE OF 8.55 FEET;THENCE SOUTH 000 10' 09" WEST, A DISTANCE OF 178.89 FEET;THENCE SOUTH 010 46' 07"WEST,A DISTANCE OF 53.90 FEET, THENCE SOUTH 060 3913811 WEST,A DISTANCE OF 34.06 FEET; THENCE NORTH 800 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 160 29'47"WEST,A DISTANCE OF 23.38 FEET; THENCE NORTH 40°25' 19"WEST,A DISTANCE OF 21.08 FEET;THENCE NORTH 630 SO'22"WEST,A DISTANCE OF 18.30 FEET; THENCE SOUTH 880 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 77016'42"WEST,A DISTANCE OF 50.24 FEET; THENCE SOUTH 680 46'49"WEST,A DISTANCE OF 24.66 FEET;THENCE SOUTH 410 39'38"WEST,A DISTANCE OF 17.34 FEET; THENCE SOUTH 050 19'44"WEST,A DISTANCE OF 26.43 FEET; THENCE SOUTH 000 57 38"WEST,A DISTANCE OF 45.02 FEET;THENCE SOUTH 100 31' 54"EAST,A DISTANCE OF 26.49 FEET; THENCE SOUTH 14°28' 10"EAST,A DISTANCE OF 29.44 FEET; THENCE SOUTH 340 09' ORLDMS 12955897 1 3 '1 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 H SPE LLC,a North Carolina the following witnesses: limited liability company By. Print ame: MCAK hy-CA GIR Print N i As Its: Prin am l THE STATE OF COUNTY OF § /This instrutpent was acknowledged efore �e on 2013, by the C_ IL'eS of ATLAS FL II SPE LLC,a North Carolina limited liability companZbehaaid li ed liability company. No ubli BRfAN M.BENNETT Notary Public-State of Florida ' y, My Comm.Expires-may 9.2014 Commission#DO 9897 r' ed/Typed Name of Notary My Commission Expires: ZD ORLDOCS 12955897 1 2 00" EAST,A DISTANCE OF 10.17 FEET;THENCE SOUTH 65°59'42" EAST,A DISTANCE OF 13.79 FEET; THENCE SOUTH 860 21' 21" EAST,A DISTANCE OF 27.69 FEET;THENCE NORTH 87° 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 001 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 030 09'56" EAST,A DISTANCE OF 56.98 FEET; THENCE SOUTH 010 17'35"WEST,A DISTANCE OF 67.93 FEET;THENCE SOUTH 240 27'36" WEST; A DISTANCE OF 20.05 FEET;THENCE NORTH 700 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 230 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 710 33'38"WEST,A DISTANCE OF 41.80 FEET;THENCE SOUTH 890 52'50"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 39 41"WEST,A DISTANCE OF 26.35 FEET;THENCE SOUTH 820 50' 54"WEST,A DISTANCE OF 32.20 FEET;THENCE SOUTH 880 27 31"WEST,A DISTANCE OF 22.15 FEET;THENCE NORTH 630 04' 54"WEST,A DISTANCE OF 5.73 FEET;THENCE SOUTH 5610 22'23"WEST,A DISTANCE OF 7.38 FEET;THENCE SOUTH 850 25'56"WEST,A DISTANCE OF 43.08 FEET; THENCE NORTH 830 45' 01"WEST,A DISTANCE. OF 31.16 FEET;THENCE SOUTH 870 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 890 56'25"WEST,A DISTANCE OF 65.13 FEET; THENCE NORTH 880 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: 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: ORLDOCS 129558971 4 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 1 AND THE WESTERLY EXTENSION THEREOF FOR A DISTANCE OF 600 FEET TO THE NORTHWEST 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 CORNER 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 CORNER 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 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. ALSO PARCEL F: 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 ORLDOCS 12955897 1 LAND IN THE STRAITS OF FLORIDA, SECTION 36,TOWNSHIP 67 SOUTH, RANGE 25 EAST, LOCATED SOUTHERLY OF AND ADJACENT TO LOTS 1 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 CORNER OF BLOCK 60 OF A PLAT OF STOCK ISLAND AS RECORDED IN PLAT BOOK 1, PAGE 55,OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA;THENCE SOUTH 280 FEET TO THE SOUTHEAST CORNER 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]: 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 CORNER 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 93-00 LEFT, 30 FEET, MORE OR LESS; THENCE ALONG THE MEAN HIGH WATER LINE THE FOLLOWING 15 COURSES: (NOTE: ORLDOCS 129558971 Doca 1937508 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 40*00 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, 52.5 FEET, MORE OR LESS; THENCE 37-40 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): 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 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 040 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 810 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 210 12'00" EAST,A DISTANCE OF 20.97 FEET; THENCE NORTH 280 26'29" EAST,A DISTANCE OF 45.45 FEET; THENCE NORTH 080 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 750 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 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. LESS THE FOLLOWING PIERS: ORLDOCS 129558971 DocU 1937508 Bka 2634 PgN 579 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 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 030 1V 40"EAST FOR A DISTANCE OF 5.17 FEET TO A POINT;THENCE SOUTH 860 48'20"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 860 48'20" EAST FOR A DISTANCE OF 33.50 FEET TO A POINT;THENCE SOUTH 030 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 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 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 860 49'20" WEST FOR A DISTANCE OF 45 FEET TO A POINT;THENCE NORTH 030 11'40"WEST FOR A DISTANCE OF 16 FEET TO A POINT;THENCE SOUTH 860 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 860 48'20" EAST A DISTANCE OF 20 FEET TO A POINT; THENCE NORTH 030 11'40" WEST A DISTANCE OF 16 FEET TO A POINT;THENCE NORTH 860 48'20"EAST A DISTANCE OF 45 FEET TO A POINT;THENCE SOUTH 030 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; ORLDOCS 129558971 k 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 860 48' 20"EAST FOR A DISTANCE OF 38.34 FEET TO A POINT; THENCE SOUTH 030 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 890 59'20"WEST FOR A DISTANCE OF 182.26; THENCE SOUTH 000 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 000 00'40"WEST FOR A DISTANCE OF 120.31 FEET TO THE POINT OF BEGINNING. ORLDOCS 129558971 DOCN 1937508 1 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-for-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 lessee(s) and any parties claiming through the lessee(s)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. & 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). 9. 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 ORLDOCS 12955897 1 10 k 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 12955897 1 11, 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 Condo 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: 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 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 001 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 81'26'20"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 01°46'07"West,a distance of 53.90 feet;thence South 06'39' 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 16'29'47" West,a distance of 23.38 feet;thence North 40'25'19"West,a distance of 21.08 feet;thence North 630 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 770 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 050 19'44"West,a distance of 26.43 feet;thence South 00°57'38" West,a distance of 45.02 feet;thence South 100 3 F 54"East,a distance of 26.49 feet;thence South 140 28' 10" East,a distance of 29.44 feet;thence South 340 09'00"East,a distance of 10.17 feet;thence South 65'59'42"East, a distance of 13.79 feet;thence South 86'21'21"East,a distance of 27.69 feet;thence North 8°0036"East,a distance of 46.24 feet;thence North 8 V 58'32"East,a distance of 35.50 feet;thence South 870 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 01'31'11"West,a distance of 60.24 feet;thence South 03009'56"East,a distance of 56.98 feet;thence South 0101735"West,a distance of 67.93 feet;thence South 24°27'36"West,a distance of 20.05 feet;thence North 70007'27"West,a distance of 30.56 feet;thence North 39029104"West,a distance of 35.34 feet;thence North 2002848"West,a distance of 25.13 feet;thence North 75038140"West,a distance of 38.00 feet;thence North 45°33'20"West,a distance of 17.49 feet;thence North 23030100"West,a distance of 28.68 feet;thence North 43°31'59"West,a distance of 14.41 feet;thence South 8803244"West,a distance of 24.78 feet;thence South 71 033'38 West,a distance of 41.80 feet;thence South 89°52'50"West,a distance of 42.77 feet;thence South 82014'18"West,a distance of 32.99 feet;thence South 73017'44"West,a distance of 19.18 feet;thence South 79*38'41"West,a distance of 26.35 feet;thence South 82050'54"West,a distance of 32.20 feet;thence South 88027'31"West,a distance of feet 22.15;thence North 63004154"West,a distance of 5.73 feet;thence South 56022'23"West,a distance of 7.38 feet;thence South 85025'56"West,a distance of 43.08 feet;thence North 83045101"West,a distance of 31.16 feet;thence South 870 16'53"West,a distance of 45.21 feet;thence South 86020'31"West,a distance of 54.32 feet;thence South 88007'l3"West,a distance of 64.34 feet;thence North 89056'25"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: 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 1 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 corner 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 corner 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 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. ALSO PARCEL F: 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 1 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 corner of Block 60 of a PLAT OF STOCK ISLAND as recorded in Plat Book 1,Page 55,of the Public Records of Monroe County,Florida;thence South 280 feet to the Southeast corner 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 J: 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 corner 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 93*00 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 8700 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; Thence 40°00 deflected left, 13.0 feet,more or less; 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 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 04°53'14" West,a distance of 50.44 feet;thence South 03°31'10"West,a distance of 60.33 feet;thence South 04'56'57" East,a distance of 108.26 feet;thence South 060 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° 14'22"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 080 28'07"East,a distance of 14.52 feet;thence North 440 57'55"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 23'09'22"West,a distance of 52.43 feet;thence South 89'35'35"West,a distance of 7.15 feet;thence North 000 10'S6"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 770 00' 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. 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 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 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 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 i Exhibit#3 La Ol ►olvw o e N 0 I ° ; .G N � e 0 0i r---------------------------------------------- IN i � M i � tw�■r�3 --------------------------t _______________ � ■ l o t _ atrAr u� � yyrgty • ■ --- - ------ \\ • : s It 1 tl \ " ------------- ------------ -------------- ------------------------------------------ I 0 c ..ftWU - �o -------------- c. — Z cc _ � a a - ------ -------- -------------- � m Ol 1Olvn W>- x OI— 00 z 00 � 000� Ji �iaoiii� �ii� -==LV - e o ■ s tT i �Y'[1 rl is .xi ji •� �•o e■'�U- es 3°�zai �I 's V n � !e iistif: sa 7 __ 1 `3F,-=•1- - -Y3r� '� s � } • Z9 • � �d d�:.�jyi" is a �� . �• 1 .*i� ';} it }xa �i a 7f O 6 e 1 s= Ili t'ly3j jltt is � O r air: �F�aa�A fS. :ti: G !a $r /�� •. 2 tly2d I b Exhibit#4 x� OFFICIAL RECORDS FILE # 96485 2 BK 1 4 2 0 PG#2 1 3 4 RCD Sep 06 1996 11 : 59AM DANNY L KOLHAGE, CLERK 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 S. THE LAND USE DESIGNATION IS MIXED USE AND THE REAL ESTATE NUMBER IS 0127420-000100. 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 approval. to 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 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 Tn; t-; =79 FILE # 9 6 4 8 f_3 2 BK# 1 4 2@ PG# 2 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 page 2 MOROPEZ.04/TXTDR, 072096, 91091 InitialL— FILE # 9 6 4 a 5 2 BR# 1 4 2 0 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 manor 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 of a building permit, the applicant shall either gain an allocation in the nonresidential per- mit allocation system or receive a determination of vested rights. ` Date: 7Z�3/�� a timothy J. M,CGarr)k,, AICP Director '6f 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 Count and State last aforesaid this a3 day of Tu j,t t' NOTART P116 LIC, STATE OF FLORIDA OFMIAL N AL MARY DiAN-4E BAIR NOTARY PUBLIC STATE OF FLpRIDA COMMISSION NO.C:C3132M page 3 MY COMMISSION EXP.SEPT 71 jW /y�;� MOROPEZ.04/TXTDR, 072096, 91091 Initia7�;/llil f � FILE # 9 6 4 S 5 2 BK#1 4 2 0 PG#2 1 3 7 NOTICE 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 County Year 2010 Comprehensive Plan may affect the ability of the applicant to fulfill the pro- visions of this development order. MONROE COUNTY OFFICIAL RECORDS page 4 M0R0PEZ. 04/TXTDR, 072096, 91091 Initiale`-f-- ' . Exhibit#5 • MONROE COUNTY FILE #1 1 4® 8 3 4 RCD At OFFICIAL RECORDS BK#1 5 9 3 PG#6 2 3 DANNY RESOLUTION NO. P52-97 �w 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 . 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 #1140834 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 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: 1. 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 351 . 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 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 H stormwater management plan, including the calculations, has ' not been submitted. Therefore, we conclude that until the Fs County Engineer approves the plan, the project is not in L compliance with Section 9 .5-293; and 0 8 . Based on the community impact report, we find that the appli- W cant has proposed to abandon the existing sewage treatment V plant and replace it with a package sewage system. The appli- (p cant has initiated coordination with the Florida Department QyW 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 U, from DEP is submitted; and 9. Based on the boundary survey, elevation plans, and the re- vised site plan, we find that the lowest supporting beam of two (2) structures (condominium buildings) located in a VE (high-hazard area) zone is not elevated to the proper height. Therefore, we conclude that the project is not in compliance with Section 9 .5-317; NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY, 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 Initial s 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 Resolution. 7. A waiver is granted for renovations to the tackle shop, dock master' s office and fuel tank structure provided that the � t~' roofs have gutters installed to channel runoff away from the 1-' water in accordance with the stormwater management plan. No (n ` waiver is granted for second floor additions to any building within the shoreline setback. W N �P 8. A permit from Department of Environmental Protection for the 0 proposed package sewage system shall be submitted to the Planning Department prior to the issuance of a Building Per- # mit. N ►P 9. All residential units are subject to the Residential Rate of Q� Growth Ordinance. PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a regular meeting held on the 10th day of July, 1997 . Chair Hansley Y Vice-Chair Nugent Y Commissioner Chaplin Y Commissioner Mannillo Y Commissioner Gorsuch Y APPR PLANNING COMMISSION OF AND L S �MO'NeROECOUNTY, FLORIDA�/ BY BY i�04w — tt Mq-5 illy Gorsuch, Chair Signed h' s f t�r day of Au -us% , 1999. MONROE COUNTY OFFICIAL RECORDS page 4 of 4 AMWALKER.16/TXTDR, #97021 Initials ' Exhibit#6 DocK 1652965 07/13/2007 3:36PM Filed 8 Recorded in Official Records of MONROE COUNTY DANNY L. KOLHAGE Doca 1 k— ku 2308 p9a sol PLANNING COMMISSION RESOLUTION NO.P21-07 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION APPROVING THE REQUEST BY KINGS POINTE MARINA, LLC, FOR AN AMENDMENT TO A MAJOR CONDITIONAL USE PERMIT; REMOVING AN EXISTING MAINTENANCE, SALES OFFICE & TACKLE 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); CONSTRUCTING THIRTY — TWO (32) NEW, ATTACHED MARKET RATE UNITS FOR VACATION RENTAL USE; ADDING TWO (2) NEW BOAT BARNS (53,040 FT2), EIGHT (8) WET SLIPS,A RETAIL SHOP/DOCK MASTERS OFFICE AND BAIT HOUSE INCLUDING SHOWER FACILITIES (2,625 FP) INTENDED FOR USE BY WET SLIP OWNERS; CONSTRUCTING AN OUTDOOR BAR ADDITION (735 FT2), FLOOD PROOF STORAGE (2,160 FT" UNDER THE EXISTING FORMER RESTAURANT BUILDING ; PROVIDING FOR A GATED ENTRANCE; PROVIDING FOR CONDITIONS; ALL ON PROPERTY LEGALLY DESCRIBED AS LOTS 1,2, 3 & ADJ BAY BOTTOM, SQUARE 60; PART LOTS 1,2,3 & ADJ BAY BOTTOM, SQUARE 61 PART MALONEY AVE VACATED & FILLED BAY BOTTOM ADJACENT TO MALONEY AVE, & PART ADJ PARCEL; UNIT J-4, J-6, J-9, J-11, J-12, & 5/52% COMMON ELEMENTS OCEANSIDE EAST DRY STORAGE CONDOMINIUM, STOCK ISLAND, MONROE COUNTY, FLORIDA HAVING REAL ESTATE NUMBERS 00127420.000601 THROUGH 00127420.000675, 00127440.000100 THROUGH 00127440.002500, 00127420.000000, 00127420.000100 AND 00127430.000101 THROUGH 00127430.000211, AT APPROXIMATE MILE MARKER 5. 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 Conditional Use Doep 1652965 Bka 2308 Pga 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 &tackle 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 ftz), Eight (8) Wet slips, a retail/ dock masters office and bait house including shower facilities (2,625 ft2) intended for use by wet slip owners; an outdoor bar addition (735 ft)` 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: 1) 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 Doc# 1652965 Oka 2308 Pg# 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 Planning 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 legal 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 DooN 2652965 Bkq 2308 Pgq 804 1. 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 P 19-07. 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) 11' 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 Doc# 1652965 Bkq 2308 Pg# 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 W), 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) 11' 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 Doc# 1652965 Bkg 2308 Pgp 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 any C.O., the marina pump out facility shall 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 11 h day of April,2007. P21-07 Page 6 of 8 Kings Pointe Marina Amendment to a Major Conditional Use Doaq 1652965 BkN 2308 P90 807 Chair Cameron Yes Vice Chair Wall Yes Commissioner Cates-Deal Yes Commissioner Popham No Commissioner Windle Absent PLANNING COMMISSION OF MONROE COUNTY,FLORIDA , BY es D. Cameron, Chair Signed this 77� day of /V ,2007 APPROVED TO FORM AND LEG UFFICIENCY BY EtorneyIs Office P21-07 Page 7 of 8 Kings Pointe Marina Amendment to a Major Conditional Use Doc# 1652965 Bk# 2308 Pg# 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 10-14-06 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 MONOE COUNTY OFFICIAL RECORDS P21-07 Page 8 of 8 Kings Pointe Marina Amendment to a Major Conditional Use Exhibit#7 Doc% 1647037 06/08/2007 11:00AM OocN 1647, Filed 8 Recorded in Official Records of BkN 2300 Pop 700 KONROE COUNTY DANNY L. KOLHAGE lip MONROE COUNTY,FLORIDA AMENDMENT TO A MINOR CONDITIONAL USE DEVELOPMENT ORDER#02-07 A DEVELOPMENT ORDER APPROVING THE REQUEST BY OVERSEAS REDEVELOPMENT COMPANY, LLC FOR AN AMENDMENT TO A MINOR CONDITIONAL USE FOR THE REDEVELOPMENT OF A SIXTY-THREE (63) UNIT MOBILE HOME PARK INTO FORTY-NINE (49) ATTACHED AND DETACHED AFFORDABLE UNITS AND TO ESTABLISH 32 MARKET RATE UNITS ELIGIBLE FOR TRANSFER. THE PROPERTY IS LEGALLY DESCRIBED AS LOTS 1-20,MALONEY SUBDIVISION, STOCK ISLAND, MONROE COUNTY, FLORIDA, HAVING REAL ESTATE NUMBERS: 00125350.000000 AND 00125360.000100. WHEREAS, 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.O.02-07 Initials File#25089 Page I of 6 OacV 1647057 Bkp 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 (S1) 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 Initials Ad File#25089 Page 2 of 6 782 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.02-07 Initials—& File#25089 Page 3 of 6 Deep 1647057 Bkp 2300 Pou 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 4/13/07 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 least ten(10) feet from any other permanent structure; and 2. 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 official 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 Cora 1647057 Bkp 2300 PON 704 9. The 32 sender units shall not be eligible for transfer until ORC has been 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. 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 submitt ed prior to is su of a building ermit; and Date / a� 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. srJ WITNESS my hand and official seal in the County and Statetwi-Z day of / ,2007. Nk '/ �r Pue�e-sir a� a NOW Cr'J%�G" ��! caMwron °'oumoe �C NOTARY PUBLIC, STATE OF FL D.O.02-07 Initials File#25089 Page 5 of 6 Deeq 1647057 w Bkp 2300 PVN 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(c). NOTICE 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 until the appeal is resolved by agreement or order. ONOE COUNTY OFFICIAL RECORDS D.0.02-07 Initials V File#25089 Page 6 of 6 OW IW2 11116/311 3:50M paff IcIal Itecorft of d Wrow L. KOM Steven M.Klein.Esq. stearns weaver .Wier Weissler AUmdeff &Sittersm PA W IW2 150 Wen Flager SM4 Suite nW Bk# 2542 P## 52 Miami,FL 33130 HQQQ��RRA�G�� IHIS NDENTURE is made as of this 33%Y of 2011,between OVERSEAS REDEVELOPMENT COWANY; LLC, a Florida limited liability company amingfia refared to as"Gmator"),with an addms of 3158 Northside Drive,Key West,Florida 33040, in fitvor limited liability company (herentafter referred to as"Grantee"),with an address of 200 Wed Second Sftwt,Yd Floor—Lagal, Winston-Salem,NC 27101 ("Grantor"and "Grantee"to indude their respective heiM successors, executors,administrstors,legal representatives and assigns when the context requires or permits). eration of the stun of Ten and No/100 Dollars($10.00)and other Grantor, for and in conside good and valuable consideration the receipt, adequacy and sufficiency of which am hereby acknowledged by Grantor,does hereby grant,bargain,sell,convey and confirm unto Grettlee all of orantoes right, title and interest in and to thow certain thirty-two (32) Transfer of ROGO Exemptions which have been assigned identifier numbers A-0267 through A-0298(dre"ROGO's") issued in firvor of Grantor by Morim County, Florida (the "COURWI pursuant to dW certain Monroe County, Florida, Amendment to a Minor Conditional Use Development Order #02-07 recorided on June 8, 2007 in Official Records Book 2300, Pap 700 of the Public Records of Monroe County,Florida,as modified by Planning Commission Resolution No.P26-09 recorded on September 14,2009 in Official Records Book 243 1,Pop 293 of Public Records of Monroe County, Florida, as may be fmther amended from time to time (collectively,the "Development Order'), together with Grantor's rights to transfer the ROGO's off-sit%and aH cash and non cash proceeds of any of the foregoing and all claims of Grantor with respect thereto and together with all right,title and interest of Grantor in and to any and all extensions and renewals of any of the foregoing (collectively,the"Property'l. TO HAVE AND TO HOLD, with all and shwular the rights, members and appurtenances thereof,to the same being,belougmg or in anywise appertaining to the only proper use,benefit and behoof of the said Grantee forever in FEE SPOLE. AND THE SAID Gnaw will warrant and forever defend the right and title to the above- desmibed Property unto the said Grantee against the lawful claims of aH persons whomsoever. I Grantorkd WW2 IN VATNESS WMRE0F, the signed this Signed,first above written. li in the OVERSEAS REDEVELOPMENT limitedpresence of- COMPANY,LLC.a Florida liability company limited il' company,as its Manager Witness: By: <07 ne 4 vr�— Witne . t ) COUNTY OF MONROE STATE OF FLA)RI]DA fibregoing Aiability r a kn I , lf f - , limited--.,2LLr:.91,2 = 0 a I fREDEVELOPMENT limitedCOMPANY,LLC.a Florida liability , to me or[ g produced a identification. No (NOTARIAL SEAL) Notary l® CommissionMy c Wamoolawamm rs .t Exhibit#8 pgoArSdby-andiUmLm T Dwo 1927W3 04/092013 11:3M A"RCQjW l /ag f"I LFrgurds Of Mark S.Weinberg,Esquire F I GRAY ROBINSON,P.A. 1221 Brickell Avenue—Suite 1600 Miarnk Florida 33131 04/09/2013 T ajl"�JrW DIM DOC S $6,230.00 Parcel ID Numbers: See Attached Exhibit A-I DwA 1827073 Grantee's EIN No am Pon ON 02 or THIS SPECIAL WARRANTY DEED is made this Ira day of March,2013 between SPEC][AL ACQUISMONS M INC.,a Florida eorporat�1-3( illng address is 6435 Naples Blvd.,Naples,FL 34109,and SUMBEERLAND PALMS UqVESTORS, LLC, a Florida limited liabili "% whose mailing address is 1010 Kennedy Dr.,Suite 302, Key Wcst,FL 33040. NUMEMIN 'Mat Grantor,for and in consideration of the sum of TEN DOLLARS (V 0.00)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, ranise,release, convey and confum unto Gmntec, its successors and assigns the fallowing pro"(the "EMRS&) lying and being in MONROE COUNTY,Florida,and more particularly described as follows: SEE g2gMLIT-A-ATTACHED HERETO AND MADE A PART HEREOF. 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 governments] regulations; and (iv) all mattem that an accurate survey of the Property would reveal. TOGETHER with all the tenemenN, hereditaments and appurtenances belonging or in any way appertaining to the Property. TO HAVE AND TO HOLD the same in fee simple ibrever. AND GRANTOR hereby covenants with Grantee that Grantor is lawfidly seized of the Property in fee simple, dw Grantor has good right and lawful authority to sell and convey the Property;and that Grantor does hereby fully warrant the title to the Pro"and will defend the same against the lawful claims of all persons claiming by,through or under Grantor, but against none other. \3350051301-0 453094 vi 1027973 8 26n P9N 997 IN WffNESS WHEREOF, Grantor hu caused this Special Warl Deed to be executed by its duly authorized signatory on the day and year first above written. SPECIAL ACQUISI S 'I,INC a 'rida ., Signed,sealed and delivered in the presence of corpormatio tio these witnessel Namer:Michael Rinaldi Witness: Title:Vice President Print Nam gr [Sea]] Wi:m STATE OF FLORIDA ss.: COUNTY OF COLLIER The foregoing instrunient was acknowledged before me thq/ day of Marl 2013 by Michael Rinaldi as Vice Pmident of SPECIAL UIS17ON'till, INC., a Florida rsonally known to me OR 0 Produced corporation on behalf of die corporation. He is 1��Wmll as identification. ol Print of Stamp Name: Noll Public,State of Flol at Large WAA&9= Commission Nol lifty raft-sm*raft My Commission Expires. *cut&won AN 14.me emammeefft"M \33MU01- 953W4 v1 DooN21flM3 BkN Pon M 1xfflN1= L&RLQ9MbJMAEd8Zl22= Lots 54 and 55, SUMMERLAND YACHT HARBOR,SUMMERLAND KEY,FL, as recorded In Plat Book 2,Page 142,of the Public Records of Monroe CountV, Florida. LESS AND EXCEPT: A pardon of Lot S4,SUMMERLAND YACHT HARBOR,SUMMERLAND KEY, R.,as recorded in Plat Book 2,Page 142,of the Public Records of Monroe CountV, Florida and better described as follows: Beginning at the Intersection of the Sot&westL*Right-of-Way One of Center Street and the Southwesterly RIght-of-Way line of Horace Street; thence South OV0134" f-Way line of Horace Street for 100.20 feet;thence North 86023'13"West along the Northerly Right-of-Way One of U.S.Highmy No. I for 49.86 feet;thence North 06114237"East fbr 40.06 feet; thenxx North 96023'13"West for 31-16 W;d*nce North 03-36'47-East far 5.00 feet;dwwe North 8304750"West far 23.29 feet;thww North 0160S'31"East for 7.7S feet; thence South 88OS34r East for 27.50 feet;thence North 4002732"East for 2S.00 feet thence North 03036'47w East for 2S.00 feet; thence South 86023'13w East along the Southerty Right-of-Way One of Center Strad for S3.64 feet back to the POINT OF BEGINNING. AND LESS AND EXCEPT: Unit 13, 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,together with the undivided 1/22nd Interest In the common areas appertidning therebm NOW KNOWN AS: Condominium Units I to 12,inclusive and Condoridnium Units 14 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. 13350051301-#953004 v I i ASHIRIf -1 LQLIQAQ. Unit 1 Unit 2 - 9091410-Unit 9091411-Unit 9091412•Unit 5 3 Unit 6 - 1 Unit 7 - -Unit 1 —Unit 1 1 -Unit 11 21 Unit 14 - 9091423-Unit 15 1 -Unit 1 17 9091426-Unit 7 Unit 19 - 9091429-Unit 21 according to the Declaration of Condominium dweaf, as recorded In OMdal Records Book 2356, Page 1, of the Public Records of Monroe County, . ram cowgry WS00SUOI-9 953094 vl Exhibit#9 SUMMERLAND PALMS INVESTORS,LL,- 24930 Overseas Highway Summerland Key,Florida 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 00°01'34"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 010051311,East for 7.75 feet; thence South 88°53'40" East for 27.50 feet; thence North 40°27'32" 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 j 9091426 00194741-001900 9091427 00194741-002000 9091428 00194741-002100 9091429 00194741-002200 9091430 °°` of `°ldH Exhibit# 10 I� • i `.0 N UP 1 1 3 M �a�is�,i 2 { s I- 1 Z . -- r • .,,.ryr a • ' '1 _ r 1 • ' r I • jjjI� aver Y•IMrr AMINUI i11E/RJS�1 L.. 1 --- � � , ' • to � � E E ' ' i • " I sIx33ESE f E • 1 , < � GGE 1 �y 1 I / 1 • R S 1 Q I � i � p • + ��a � • i , OR i 1 r 1 I � i r r i .• i . • I ! FQ pp Nil • . j I =p • I 1 I �J 9& Ol HDIM n.aa LLJ>- NO y LL-j x Lj z LLJ 7T e z oo LAJ • Mtle Channel qb A�l ab -Minh. Tip .Q. C, Exhibit# 11 County of Monroe Growth Management Division Planning&Environmental Resources Board of County Commissioner Department � � 'q Mayor George Neugent,District 2 2798 Overseas Highway,Suite 410 Mayor Pro Tern,Heather Carruthers,District 3 Marathon,FL 33050 Danny L.Kolhage,District I Voice: (305)289-2500 David Rice,District 4 FAX: (305)289-2536 Sylvia J.Murphy,District 5 November 7,2013 Smith Oropeza,P.L. Attn: Barton Smith 13 8-142 Simonton Street Key West,FL 33040 RE: LETTER OF DEVELOPMENT RIGHTS DETERMINATION FOR SUMMERLAND PALMS TRAILER PARK, LOCATED AT 24930 OVERSEAS HIGHWAY (USI), SUMMERLAND KEY, ON PROPERTY HAVING REAL ESTATE NUMBERS 00194741.000100, 00194741.000200, 00194741.000300, 00194741.000400, 00194741.0005009 00194741.000600, 00194741.000700, 00194741.000800, 00194741.000900, 00194741.001000, 00194741.001100, 00194741.0012009 00194741.0013009 00194741.0014009 00194741.001500, 00194741.001600, 00194741.001700, 00194741.001800, 00194741.0019009 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 Ordinance(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. The property is comprised of 22 parcels of land, which are aggregated for the purposes of development. It is legally described as Lot 55 and part of Lot 54, Summerland Yacht Harbor (Plat Book 2, Page 142), Summerland Key, Monroe County, Florida, with the parcels currently assessed under the following real estate (RE) numbers: 00194741.000100, 00194741.000200, 00194741.000300, 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, Summerland Palms,Letter of Development Rights Determination(File#2013-134) Page I of 7 00194741.001800, 00194741.001900, 00194741.002000, 00194741.002100 and 00194741.002200. Note 1: The aforementioned RE numbers were established by the Monroe County Property Appraiser for the 2008 tax roll. Prior to 2008, the parcels were assessed under RE #00194730.000000 and RE#00194740.000000. 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 (tJRM) 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: � y I J y w(d ix m. �� rY � r ,i fM, !%fit dltil�fG a eiomG„ IG� 1 ,ht,i/'�l p 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(l), 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: The following building permits are on file in the Building Department's records: 1 ('4j. f,l�) a7i�Tirro ��se;t� i4�tri 1�✓,��,ryryU,,�,''n r7i P,(I �V`' j� l )If'VifG%�ll7,l,J'Y ; �� le�/,✓;��i V'�i1�!(//"`�k 71 �o b G �, r �i„ � ��. ,� 1�:� � � r✓r��„,,;f,J� ,; �� 1�i4 ,,, J,, Permit Date Issued Description A-196 03/26/1975 Install electric meter center A-1839 12/23/1976 Tie down mobile home(Unit#3) A-4242 I0/12/1978 Repair drain field 881-1777 09/14/1988 Install 100 amp electric service(Unit#?) 941-0163 02/10/1994 Carry out emergency electrical work to mobile home(Unit#?) 951-0945 12/12/1995 Renovate and expand existing sewer treatment plant 951-0982 07/21/1995 Install/construct shed(Unit#?) 011-1733 06/01/2001 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#18) 031-3834 10/07/2003 InstaWre lace mobile home(Unit#13) i, V 4 ,,:,n tir m r a �, sr „/r ,, ,,r !,y; J,u r r,,.riir, ,ep ,,,y ,u;,Tr✓�"J„! /, l , „„v,„, /�,xAw,P°+f iw� ,,,,,, „o<,. .,,,,1r��/,�il,,,,,ui1�iJ,�� i"",,n�/�� rll>��1'�VPo��ll,l�l/�, r��,14�r/)ru��/,IJ,lIV,�Ii�1G�G�'„�r�wM1/�,.;�ilJ//o✓,�/,Il(��/�0,%1, Y: 25613 02/22/1972 Construct addition(Unit#?) A-10090 01/14/1983 Upgrade electric service(Unit#17) 911-2280 02/25/1991 Repair single family residence roof(Unit#?) 911-2313 03/21/1991 Renovate existing structure(Unit#?) 911-2455 03/21/1991 Demolish structure(Unit#?) 991-2163 12/10/1999 Install/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#?) -„r" ,, ,,N , r , ,#00 „9 '741OOQ OQ tbrou i9471Q02200�}kf 091-4559 11/10/2009 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, 10, 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 * 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 ice 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). „. „ I.�A, r u'Rr" JU lra"w" •.�,r/rr}� F .., /7//� /71 I,.�, y,,... /u ln:, ) - I! /q,. ,'..)(I // 2�/ J }, fflD 4e/ , N / o p ^,+ R/ it r Giif A7-/% /r r f /?rrr rt i fllrri,,,9n zrr )' f µ If�NI19Y I//l�' I9J/�f.//!' � /fY rj %I� „�1)/`.,;1J lf/,!��91r�.. Coon rPraA raiser Data 2013r , r l/r/% ✓,fr , r i, n li, /irrtYa��r6/7Jk �„Nub%L�,i, �/f 0�� ia/� Condominium Parcel n latted Lots IRE# I Building Year Built* Building Square Fo®ta e 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#6 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 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. ,a��,r ,f, r� ,,'a'yro ��7i;`!,�/,r, ,,,+„ll�'"/��! r!� lriryll, rp °J�jiv,, I.ir u Nw r r ,J� ,Irl,/ ,"4d- rl ,,l,r/ mlhiG;✓ l I i ; r Stiuc�ue��,r ;G�� alpii J,;d'!',r2A0b } i 009 r 2(1112�, 'rfw/Ur�r�,�%��1„��1�D/o�,,r,mr„��,U✓%�irv6� N;,a: �� ,i , r.a+3a'i f ,1 �(>�r,�t/r,r..:.,xr„ vr�,,.�."�i. ,osa,rr a�� 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 X X X Unit 7 X X X X X X X X Unit 8 X X X X X X X Unit 9 X X X X X X X Unit 10 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 I—L—j X Summerland Palms,Letter of Development Rights Determination(File#2013-134) Page 5 of 7 Unit 17 X X X X X X X X Unit 18 X X X X X X X X Unit 19 X X X X X X X Unit 20 X X X X X X X X Unit 21 X X X X X X Unit 22 X X X X X X X 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. Summerland Palms,Letter of Development Rights Determination(File#2013-134) Page 6 of 7 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, L Townsl�c ab, Senior Director of Planning&Environmental Resources Summerland Palms,Letter of Development Rights Determination(File#2013-134) Page 7 of 7 Exhibit# 12 0001 1952849 10/04/2013 Prepared by and return to: Filed & Recorded !n Official R corddssn f Gregory S.Oropeza,Esq. 11ONROE COUNTY IN1Y NEAViLIN Attorney at Law Smith I Oropeza,P.L. 138-142 Simonton Street 20/04/2013 3:10PM Key West,FL 33040 \ DEED DOC STAMP CL: Krys $9 800 305-296-7227 File Number: 2013-151 � Will Call No.: Parcel Identification No.00174960-000000 __.... —[Space Above This Line For Recording Datal Warranty Deed (STATUTORY FORM-SECTION 689.02,F.S.) 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.O.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/]00 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: 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"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. Signed,sealed and delivered in our presence: H&L Florida Associates,LL I By: fitness Name:— ` Matthew Hornstein,M6aging Member <7 mr : J 4V DoeN 1932848 BkN 2653 P9N 227 (Corporate Seal) DoubleTimes State of N610/y&"44:�' County of 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. He/she[j is personally known to me or[X]has produced a driver's license as identification. ROSE M SMALL Notary Public [Notary Seal] ENotaryublic-State of New York O.o1SM6108336printed Name:ed in New York Countysion Expires fnm—Llt— - My Commission Expires: rf• /. ••t ! fit. j DocN 1952849 Bkq 2893 PgN 228 OFFICIAL DoubleTime® Warranty Deed(Sloluray Form)-Page 2 Exhibit# 13 Coco Palm Developers,LLC 21585 Old State Road 4A Cudjoe Key,Florida LEGAL DESCRIPTION Lot 30 Sacarma, 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 Alternative Key Numbers 00174960-000000 1227021 am 01 """" Exhibit# 14 'II I s� OD Oo N ^ ! •:€ f Nail 1 • � a. 5 j€ ;• 1 r I r i i 4 r • _ i ! o fit i • - ---- r - I I • 1 f y 1 d � ��• f..f f•• 6_.. 1 f I e$ s f • m • --- � � ; ,mow, � � _rlri9i8E g 1 , d --- ------------ \��«\,.,,...,..... o r t r < I S HD O Cl wfo wnrmr• I �� g�gp"py" yy 1 ; 1 • ` > e 1 w ' t r r r • r t r r' c f r a 'u \ t l s t F 0 � t r ■ . G W r' 110 ------------------------------ - --------- Wft - --------- ------ N f f 03 mw y 1 f f � 02 1 Lw Ol HO1tlW LJ>- L�j u� (/-) ry 7' C--4 C'17 00 ;W=--fi---ll J-11--i'i 22 LAJ Niles ch-I Z- Z-4! K, of dp rV r qgp Do 64 Exhibit# 15 County of Monroe Growth Management Division Plannina&Environmental Resources Board of County Commissioners Department r�, �r`u �� Mayor Sylvia J.Murphy,District 5 2798 Overseas Highway,Suite 410 ; d Mayor Pro Tem,Danny L.Kolhage,District 1 Marathon,FL 33050 �� George Neugent,District 2 Voice: (305)289-2500 Heather Carruthers,District 3 FAX: (305)289-2536 David Rice,District 4 November 26, 2013 Smith Oropeza, P.L. Attn: Barton Smith 138-142 Simonton Street Key West, FL 33040 RE: ADDENDUM 1 TO THE MAY 13, 2008 LETTER OF DEVELOPMENT RIGHTS DETERMINATION FOR RAINBOW'S END TRAILER PARK AND COCO'S CANTINA,LOCATED AT 21585 OVERSEAS HIGHWAY (US 1), CUDJOE KEY, ON PROPERTY HAVING REAL ESTATE NUMBER 00174960.000000 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 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 Home (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 (R.H) and Residential Conservation (RC). The following aerial photograph shows the boundaries of the property and the land use districts of the immediate area: Y r r 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 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 permit(s) 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 � �/i.i .�� /i fr<, , Permit# Date Issued Description 121-2085* 06-05-2012 Demolish 2 mobile homes(units 13 and 15) 101-7113* 02-04-2011 Paint existing building and install fence(unit not specified) 071-5151 12-05-2007 Demolish 1 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 1 mobile home(unit 10) 061-1799 03-20-2006 Install 3 temporary FENU trailers(units 2,3 and 1 ) 061-1400 03-01-2006 Replace 2 gang meter(units 1 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 1 mobile home and associated structures(unit 14) 051-6623 12-08-2 005 Demolish 1 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 1 mobile home(unit 6) 971-0062 01-28-1997 Install area light(unit not specified) 91- 51 5- 7-1996 Replace 1 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 Reinstall 100 amp electric service(unit not specified) 881-1112 06-16-1988 Replace meter can(units 9 and 11) 881-0387 03-08-1988Re-roof and remodel 1 mobile home(unit not specified) 881-0313 02-26-1988 Replace meter can(unit not specified) 881-0287 02723-1988 Replace electric service(unit not specified) 881-0099 01-22-1988 Construct screened porch and deck(unit 10) 871-0642 10-10-1987 Install 200 amp electric service(unit not specified) A-17356 04-06-1987 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 1 mobile home(unit not specified) A-9853 11-01-1982 Construct shed(unit 16) A-9596 7-22-1982 Replace 1 mobile home unit 1) A-9274 03-09-1982 Replace 1 mobile home(unit 8) A-9086* 1-20-1982 Replace 1 mobile home(unit not specified) A-8805 11-03-198 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- 72 2- 1-1979 Replace I mobile home(unit 2 A) Rainbow's End Trailer Park,Letter of Development Rights Determination(File#2013-132) Page 4 of 8 34347 11-08-1974 1 Install 200 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: "Coco's 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, 1B, 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#2013-132) Page 6 of 8 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 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, / lTonsl w Scb, 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 MONROE COUNTY FILE # 1 3 93 0 0 7 6 OFFICIAL RECORDS BK01 9 0 3 PG# 3- 9 7 9 RCD Jun 30 2003 02r54PM PREPARED BY AND RETURN TO: D A N N Y L K O L H A G E, CLERK RICHARD M.KLITEN►CK RICHARD M.KLITEmcr,P.A. DIED D O C $T�} 66--�� 624 WHITEHEAD STREET ?�9 7 5 . 00 KEY WEST,FL 33040 0 6/3 0/2 0 0 3 a 305-292-4101 -- D E P C L K FILE NumBER:RE03-031 [Space Above This Line For Recording Datal WARRANTY DEED THIS WARRANTY DEED made this 301b 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 LANDING, LLC, a Florida Limited Liability Company, whose address is 625 Truman Avenue,Key West,FL 33040("Grantee") (Whenever used herein the terms"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) Witnesseth, that said Grantor, for and in consideration of the sum of TEN AND NO/100 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 L.OT 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. SjOCK KEN s,INa TO UNcRe z wq,LLC 5176 SuNcRmr ROAD,KEY WEar,FL PAGE 1 OF2 FILE # 1 3 8 0 0 7 6 BK#1 9 0 3 PG#1 4 8 0 Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold,the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever;and that said land is free of all encumbrances,except taxes accruing subsequent to December 31, 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: STOCK ROCK ENTERPRISES,INC., a Florida corporation By: Witness# 1 signature 'chard L.Berard,President,by Richard M. Zitnes�sl t name_ icsre t. s'�,�tr7tn/ Klitenick,as attorney-in-fact. Print name — STATE OF FLORIDA COUNTY OF MONROE I HEREBY CERTIFY that on this day personally appeared before me, an °�oerduly antkeriz�to administer oaths and take acknowledgements,RICHARD M.KLITENICK, . erso�y known t cos, or who produced as identification,to n who is the agent of principal,RICHARD L.BERARD under that certain Power of Attorney dated June 2003,as the Grantor described in the foregoing Warranty Deed, and he acknowledged t 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-K'�. . ,v F;i&, +frh R-)E.SHENTON .,.. f1 hA,Comm UP.12a&03 /otaryyublic-State of Florida vo.Cc 99W i L � Commission No. Gam.PAWS CLOSWSMOck i�A m FbtneRE0.7 W nWmnO o�d.0oe M O N R O E COUNTY OFFICIAL RECORDS STOCK ROCK ENTERPRISES,INC.M SIINCREST LAND/NO,LLC 117E SVNCREST ROAD,KEY WEST,FL N aE2oF2 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. 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 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 11167142 _ 1 1 ga Ol Ialvm Exhibit# 18 1 , L >t • News I O � • • 1'§ 1'4{ L g lu► 1 1 y t 4y: � 1 1 ♦ 1 t �t ` • -Air pBBB � • ; � • i � �a07�6�� ` •• Ca t 1 t 1 1 iAt/A+1� \ y • ♦ i 1� W \ • t , j • • •• slt394S[ � t � r " \ ---1 1 E J ` ` ~ W 1 Y ` 1"13�'3 U e Ritz W IUJLL. ! e s a� i� ,..� �• 003 a s w z N Cn E - - - r= = s z 0 W — - - - 00 c s WLi � Q wU ❑0 ■■ ■ ❑DO■ ■❑ 71■0kREI F _� �;■tea � �_ � = ia= �; ii ! 1 3F 44. r \ `s ■ i� fi:•:t3 st TIE N ■ ' t ai C.11 g;11=5=2. _ g t2i 3-�a �, 1 i B t i_a.t3v -ill gF_. e t ice' 1� Ab �e I �r t • '��efi" .� a �l Exhibit# 19 County of Monroe Growth Management Division Planaina&Environmental Resources q Board of County Commissioners Denartment Mayor George Neugent,District 2 2798 Overseas Highway,Suite 410 Mayor Pro Tem,Heather Carruthers,District 3 Marathon,FL 33050 Danny L.Kolhage,District 1 Voice: (305)289-2500 David Rice,District 4 FAX: (305)289-2536 Sylvia J.Murphy,District 5 November 14,2013 Smith Oropeza,P.L. Attn: Barton Smith 138-142 Simonton Street Key West,FL 33040 RE: LETTER OF DEVELOPMENT RIGHTS DETERMINATION FOR SUNCREST LANDINGS, LOCATED AT 5176 SUNCREST ROAD, STOCK ISLAND ON PROPERTY HAVING REAL ESTATE NUMBER 00132680.000000 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, Sunkrest (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 6 r�F r911r ' I I I�dr ,n rf 1.. °fl �Y k da kk iff, i r Subject Property with Land Use Districts Overlaid(Aerial dated 2012) A site visit was conducted by Planning&Environmental Resources Department staff on October 21,2013. During the site visit, staff observed four (4) single-family mobile homes(Units#2, #3, #4 and #5), one (1) two-family mobile home (Units #6A and #6B) and two (2) recreational vehicles (RVs) (Units #1 and #7). The unit numbers are shown on the following image, as observed on the site visit.Note: Unit#7 was observed on the 2013 site visit, but is not visible in the 2012 aerial. Nf 7 � V it Afr g' %�X'Y(f� u�fU�j 11 r4�r'1rw h r �t 1. Subject Property with Unit Numbers(Aerial dated 2012) Suncrest,Letter of Development Rights Determination(File#2013-133) Page 2 of 7 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 permit(s) supporting the existence of the structure(s) and its use(s)on or about July 13, 1992: The following building permits are on file in the Building Department's records: ,r, r 1 1N,�,✓ .., ,l�ff ry ii%.,y d?11 ,2;.,k I, 1 rl. � INI ,r/c, r), 1;.r,rY ,'r, 1/I,14J; 0.✓!f e,,,.l f,,N ,.4 ,,,, a, / !?rJYil r t U.,;"J(, rI�/F, , �tUl,�, r, Z J rid r�if r ,;V r, rJ 1��r ��,I,, � hi huff ;��I � i l"�4,/ ri ,�r W1r ��"h. Permit# Date Issued Description A-2152* 03/17/1977 Construct addition to mobile home Unit#2 A-2267* 04/14/1977 Install 150 amp electric service and sub feed Unit#? 991-2674 11/12/1999 Replace meter can and riser nit#? 101-5181 08-31-2010 Move electric service nit#5 121-1525 4/3/2012 Install sewer connection to 8 trailers 121-4915 12/05/2012 Sewer tie in nit#3 1214917 12/05/2012 Sewer tie in nit#4 121-4920 12/05/2012 Sewer tie in nit#6A 121-4927 12/05/2012 Sewer tie in nit#1 121492 12/05/2012 Sewer tie in Nnit#5 ;rwl y,rrr yi v '�vIV YN'fr i 111 1 .. w,,, u✓((fa , �o rry Elul n4tl��! 6�"ua t+Yaf4 �! J� ��v ��w/ � �� iy�' ^I . ot�� ago oo o " yin ` vuu, Permit# Date Issued Description None -- y Permit# Date Issued Description A-7906 03/02/1981 Install swimming ool 011-3227 09/20/2001 Interior renovations Unit#? 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, #121-4920, #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 Monroe 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. Buildinz# Year Built e/S uare beta e 1 1972 Rl 648 SF- 12'x 54' #2 1972 Rl 444 SF- 12'x 37' #3 1978 Rl 480 SF- 12' x 40' ##4 1978 RI 407 SF- 11' x 37' #5 1978 RI 240 SF-8'x 30' #6 1972 RI 472 SF- 12' x 40' #7 1972 Rl 878 SF-approx.24'x 40' #8 1955 Rl Q89 SF-14'x 18' * 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 Two building permit files (011-3227 and 021-3171) included property record cards for RE #00132670.000000 (Lot 27) from 2001 and 2002 respectively. Note: Suncrest Landings had two real estate numbers in the past(00132670.000000 and 00132680.000000). Both the property record cards show only two mobile homes, which, based on location on Lot 27 and size, appear to be Units #2 and#3 (Property Appraiser Buildings#6 and#7 on the preceding table). Unit#7 is located on Lot 27 but was not accounted for on the property record cards. 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 four structures on the property (Units #2, #3, #4, and #5). Other structures were in existence during that timefratne, 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. 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 X X X X X X X Unit 7 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: Suncrest,Letter of Development Rights Determination(File#2013-133) Page 5 of 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 1989 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 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/ScZab, Townsleenior Director of Planning&Environmental Resources Suncrest,Letter of Development Rights Determination(File#2013-133) Page 7 of 7 Exhibit#20 we am "m"�'�1"od4'�.2 w"�' " „�...a � ��' om�« m'� .. 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A.=TXML r&MtJS- nw , z4 UM&S RIMMEM TO WEA LECALLY MMOG COKM=.IF NOT Ftou,'Y wIDEW.00%=El( .HE 2n AM=OF AX ATMWEY PSWA TO SMM.MWAER XMSES RUVER AND TO WE FtWY ALL. 3n FACTS AND RLP=E'X':AT*Wj VMT AAEO 1-1 I'A.4';TOMMA AAM TO COX%S "IT AN APMOP FWYT 'VA PRCWMMAI.FOR LEGAL AMCM(MR&UMPLA WWZRPMPa G(M MACM OXTERVANG 7M EITE-Vo"'CF!AW.1;ON°' TY ANDIRAMUCTMv SUMS Or,IMIE,f4MWINN VMZ.-j;'JV", WORMS RFQLVM3MVMI,PTO.)AXD FOR TW4 9WCWWZrY tOMM01%ZWP,=MTAL AND Q:MR AM04t.SUYFS4., COM NOT OCCUPY llft PROPERTY AND TMAT AU RZM SEM- o"ATIGMS 10RA4 WittrolEN CR OWEIMM.)ST W.W.ME AR"M SAW 0 ox splon REM.-SMATXM GRI F%ML=RECCROS UMMS SPDXER&4)SCX MS PERWMAL WOMATIM OF TIM RIPRESWrAMON.SLM'VR AICAMSES TO RMY SCULLY ON Sn.!M PR(WM;CXAj.1�MC-q'*RZ 'a a ix mw IC a Deb- % s ............v............ .............. MOR Dabr swFinsiffaw. range: MGA �.; ., Tax to NO: Emo k sw Exhibit#21 May 30,2013 1 hereby authorize Barton W.Smith.Eso.of Smith OroDeza.P.L.be listed as authorized agent (Name of Agent) for Summcrland Palms ve rs LLC side Investors. LLC Sin nv rs L for the application submittal for (Name of Property Owner(s)the Appileant(s)) Key(island): SummerlmW Real Estate numbers: Surnmerland Palms Investors, LLC: 00194741-000100 00194741-M200 00194741-000300 00194741 04 00194741-M500 66947441-000600 001 00194741-000700 00194741-000800 00194741-000900 00 00194741-001000 00194741-001100 194741-001200 100194741-001400 00194741-001500 00194741-001600 00194741-001700 00194741-001900 00194741 ---1900 14741 2000 00194741-002100 00194741-002200 Key(island): SkLck Island Real Estate numbers:Oceanside Investors,LLC 00127420-000000 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 duirable power of attorney only for the purposes stated. The undersigned understands the liabilities involved in the granting of this agency and accepts fidl responsibility (thus holding Monroe County harmless) for any and all of the actions of the agent named, related to the acquisition of approvalstpeffnits 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. Owner(s)Signature i i i r l Ims) r ,LL ,r OceansideIhvestors,LL , SinghInvestors,Ll foregoingSTATE OF FLORIDA COUNTY OF MONROE The i . AM32.—WAgh is personally known —%— produced idendfleation Type of ldendflcadon�did/did not take an oath. Notary i � � . MY A EE _! _� EXPIRES:�1,2014 Thm N M September 5.2013 1 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 Applicant(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. Property Owner(s)Signature Sam II r STATE OF FILOREDA COUNTY OF MONROE The foregoing i ,2015 tis personallyknown produced Identification Type of C ),did did not take an oath. Notary „„ ` ® ® GpMRyoROPEZA ONIEE OMS MyCOMMr PAGE 1 OF * ®® R -jWyJ,2014 Bwdad Thus rr September 30,2013 I hereby authorize DAqon_N.5miftLE. .be listed as authorized agents %L (Name of Agent) for Coco Palms DeveloDers. LLC for the application submittal for (Name of Property Owner(s)the Appllcant(s)) Property described as Lot:30,Sacarma,Plat Book 2-49 of Cudjoe Key Key(island): Qdgq K M and Real Estate number: 201426Q:D�- This authorization becomes effective on the to 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 tinderstands 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 fiom each owner of the subject property. Therefore, one or more authorization forms must be submitted with the application if them are multiple owners. Pro rt�Owner(s)Signature Uwner(s)bignature NOTARY: n Singh, ger STATE OF FLORIDA COIJI#Tff OF MONROE .016� The foregoing Instrument was acknowledged before me this a2 day of 20L.�5. Is personallyknown produced identification Type of Identification),did did not take an oatL Wff AWN WM ON= W W COLOOSS070 FF 70M 1 S * '_"LM EXPIRES:My T.9017 P,MUW. P OF I Exhibit#22 5/30/2013 DESIGN DATA; P.lolact., Oceanside Resort and Marina 5950 Peninsular Avenue Key West,Florida 33040 Oceanside Investors,LLC P.O.Box 2039 Key West,Florida 33045 GENERAL INFORMATION: SP AC future Land Use Map:MC(Mixed Use Commercial) Land Use:MU(Mixed Use) Tier Designation:Tier III Gross Acres:29.84 AC Net Acres:11.18 AC Dwelling Units:78 Hotel Rooms:5 Restaurant:3859 SF Miscellaneous Other:(Lobby/OfficWMarina Store/Dockmastcr Fitness Center/Bath House/MaintenamOHousekeeping/Watersports:15400 SF 15400 0.35 Wet Slips: 106 Existing Permitted Slips&8 Existing Slips To Be Permitted Parking Required:262 Parking Provided:262(207 Standard,7 HCP,48 Scooter) IMPERVIOUS/PINVIOUS DATAr UPLAND A $F AC Gross Acres 864,230 19.84 Submerged Acres 377230 8.66 Total Upend Acres 487,001 11.18 LOT COVERAGE ffV STRUCTU Unit/Hotel 42954 Restsurant/Lobby/Offices $425 Mar"Store&Dockmaster 1433 Gate House 66 Bath House 1000 Maintenance&Fitness Center 1500 Housekeeping 1200 Watersports 540 Existing Boat House 21924.98 Existing Southern Condos 23732.69 Total Let Coverage By Structuree 103795.67 2.38 SP AC Roads/Parking 118,237.49 SF 118237.49 Poois/Pleza 13532.79 SF 23532.79 Sidewalks 13,532.63 23769.63 Misc Concrete(Dumpster Pad,Retaining Wail,&Curbing)4730.83 SF 4730.84 Land Piers(Existing) 38002.7 SF 38002.7 Total Lot Coverage By Roads,Walkways lk Pools 19873.44 SP(4.882 AC) 190273.3 4.55 nlPERVIOUSIPE PERCENTAGE SF AC Total Upland Acres 48M Total Impervious Acres 301219 Impervious Percentage of Site 61.85% Total Open Space Acres 185781.77 4.26 Open Space Percentage of Site 38.159E Open Space Required 209E MOLMM LANDSCAPE BUFFER YARDS Major Street Buffer-No Major Streets Street Tree Requirement-Peninsular Ave 650 LF/100 a 7 Trees { MU Abutting URM-Type C 10'Bufferyard MU Abutting MU-Not Applicable REQUIRED PARKVAQJAKkffAn Parking Lot-Class C Parking Lot Landscaping CL th Ln Ln P, 0 off ® in 0 Ln "? Li V CD Go 0) Ln In co N N co M a NV in N N en OD vq N N Iq IIR Ln Ln to C4 N ZTi 00 40 M ui ® ci en IS to E wi z t In in m 14 0 Ln in In Ln Ln off ri go c; LA 0 OD E go E Im c CL 64 M qu CL 4) 1L 0 m Ic C U 75 z (A V) tn x 6L x Q,me z Z t N N � M .y M O'i M O G O N • ad H a, h O h N C ✓ t !l J2 M � + m • U m .r co A M r d q rWv C g � ti. m aa+y �3 v4 p � n I a y m � r Exhibit#23 :�, ! 1 " 4G I` 46 I h _7111 1 1 . e+ Y ItP hz z P t 6 Y , 1 w a �� tr11OCEANSIDE ,•_CONCEPTUAL SITE PLANI __ bfor �w��ar,��x,v�� a RESORT 8 MARINA wv ea narw 5;we�n unPmW , MEMORANDUM MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT To: The Monroe County Board of County Commissioners Through: Christine Hurley, AICP, Director of Growth Management Townsley Schwab, Senior Director of Planning& Environmental Resources From: Joseph Haberman, AICP, Planning& Development Review Manager Date: November 27, 2013 Subject: Request for a Development Agreement between Monroe County, Florida; Summerland Palms Investors, LLC, Coco Palms Developers, LLC, Suncrest Landing, LLC, Singh Investors, LLC, and Oceanside Investors, LLC concerning properties located at 5950 and 5970 Peninsular Avenue, Stock Island (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, also described as parcel of land in Sections 26, 34, 35 and 36, Township 37 South and Range 25 East, having real estate #'s 00127420.000000 and 00127420.000100), 24930 Overseas Highway, Summerland Key (legally described as Lot 55 and a portion of Lot 54, Summerland Yacht Harbor, having real estate #'s 00194741.000100, 00194741.000200, 00194741.000300, 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), 21585 Old State Road 4A, Cudjoe Key (legally described as Lot 30, Sacarma, having real estate #00174960.000000), and 5176 Suncrest Road, Stock Island (legally described as Lots 27 and 28, Sun Krest, having real estate # 00132680.000000) (File #2013- 069) Meeting: December 11,2013 1 I REQUEST: 2 3 The agreement would allow the transfer of Residential Rate of Growth Ordinance (ROGO) 4 exemptions — known as Transferable ROGO Exemptions (TRE's) - from sender sites at 5 24930 Overseas Highway (22 market-rate permanent TRE's), 21585 Old State Road 4A (17 6 market-rate permanent TRE's) and 5176 Suncrest Road (7 market-rate permanent TRE's) to 7 a receiver site at 5950 and 5970 Peninsular Avenue, in accordance with MCC §130-161.1. 8 On the sender sites, the residential dwelling units in which the transferred market-rate 9 permanent TRE's are derived shall be converted to, or replaced with, an equivalent amount 10 of deed-restricted affordable housing. 11 Page 1 of 18 1 Note: By request of the applicant, an additional sender site, 5671 MacDonald Avenue, was 2 placed in the development agreement advertisement as a contingency. This additional sender 3 site is not included in the current development agreement. From this point forward, 4 additional parties and/or properties cannot be added without a new advertisement and 5 additional public hearings by the Planning Commission and BOCC. 6 7 In addition to the application for a development agreement, the applicant submitted an 8 application for an amendment to a major conditional use permit for the associated 9 redevelopment of the Oceanside Marina property located at 5950 and 5970 Peninsular 10 Avenue, Stock Island. This separate application is required in order for the property owner to 11 redevelop the existing marina by improving the marina's facilities, constructing 78 new 12 market rate residential dwelling units, constructing 5 new hotel rooms, constructing a new 13 restaurant, and carrying out associated site improvements. The amendment to the major 14 conditional use permit is contingent on final approval of the agreement by the BOCC. 15 19 Applicant: 18 Agent: Barton W. Smith,Esq., Smith Oropeza, P.L. 19 20 II RELEVANT PRIOR COUNTY ACTIONS: 21 22 Location #1: Oceanside Marina, 5950 and 5970 Peninsular Ave, Stock Island ("Oceanside 23 Prope113a. 24 25 In 1996, the Oceanside Investors' predecessor in interest applied for a minor conditional use 26 permit for part of the Oceanside Property, 5970 Peninsular Avenue (real estate 27 #00127420.000100 only). The approval is memorialized by Development Order #12-96, 28 approved by the Director of Planning on July 23, 1996 and recorded in the official records of 29 Monroe County on September 6, 1996. The permit allowed for the construction of a 9,600 SF 30 storage building and other associated accessory improvements. A copy of Development 31 Order#12-96 is attached as Exhibit 4 to the agreement(Planning Department File#96045). 32 33 In 1997, the Oceanside Investors' predecessor in interest applied for an amendment to the 34 major conditional use permit for part of the current Oceanside Property, 5950 Peninsular 35 Avenue (real estate #00127420.000000 only). The approval is memorialized by Planning 36 Commission Resolution#P52-97, approved by the Planning Commission at a public hearing 37 on July 10, 1997, signed by the Planning Commission Chair on August 18, 1999 and 38 recorded in the official records of Monroe County on August 24, 1999. The amendment 39 allowed for the construction of 22 attached, market rate residential dwelling units one boat 40 storage building; an addition to an existing restaurant; and other associated accessory 41 improvements. A copy of Planning Commission Resolution#P52-97 is attached as Exhibit 5 42 to the agreement(Planning Department File#97021). 43 44 Following the issuance of Planning Commission Resolution #P52-97, Oceanside Investors' 45 predecessor in interest acquired the adjacent property, 5970 Peninsular Avenue. Further, the 46 22 attached, market rate residential dwelling units approved by Planning Commission Page 2 of 18 I Resolution #P52-97 were constructed and sold under condominium ownership. As such they 2 are not part of the Oceanside Property. 3 4 In 1999, the County, the State of Florida Department of Community Affairs, Paradise Island 5 Park, Inc. and Key West Oceanside Marina entered into a development agreement allowing 6 the transfer of 22 market-rate TRE's from Paradise Island Park to Oceanside Marina. The 7 development agreement was recorded in the official records of Monroe County on April 7, 8 2000 (Book#1627, Pages#444 through#468) (Planning Department File #99039). 9 10 In 2007, the Oceanside Investors' predecessor in interest applied for an amendment to a 11 major conditional use permit for the Oceanside Property, 5950 and 5970 Peninsular Avenue 12 (real estate #00127420.000000 and real estate #00 127420.000 100, as well as other property 13 associated with a condominium development). The approval is memorialized by Planning 14 Commission Resolution #P21-07, approved by the Planning Commission at a public hearing 15 on April 11, 2007, signed by the Planning Commission Chair on May 9, 2007 and recorded 16 in the official records of Monroe County on July 13, 2007. The amendment allowed for the 17 demolition of several buildings and construction of 32 attached, market-rate residential 18 dwelling units; 2 boat barns; 8 wet slips; and other associated accessory improvements. A 19 copy of Planning Commission Resolution#P21-97 is attached as Exhibit 6 to the agreement. 20 Please note that this project was not fully completed, and among other approved development 21 not carried out, the 32 dwelling units were never constructed (Planning Department File 22 #26028). 23 24 Location #2: Summerland Palms Trailer Park, 24930 Overseas Hwy, Summerland Key 25 ("Summerland Palms Property"): 26 27 The Planning & Environmental Resources Department issued a Letter of Development 28 Rights determination for the Summerland Palms Property on November 7, 2013. The letter 29 states that there are 22 ROGO exemptions, associated with lawful the existence of 22 mobile 30 homes/RVs (as market-rate, permanent residential units) (File #2013-134). A copy of the 31 letter is attached as Exhibit 11 to the agreement. 32 33 Location #3: Rainbow's End Trailer Park, 21585 Old State Rd 4A, Cudjoe Key ("Cudjoe 34 Coco Palms Property"): 35 36 On May 13, 2008, a Letter of Development Rights Determination was issued for the Cudjoe 37 Coco Palms. The letter provided a determination that there are 16 ROGO exemptions, 38 associated with lawful the existence of 16 mobile homes (File#28019). 39 40 The May 13, 2008 letter was issued to an agent of the previous property owner. The current 41 property owner(s) submitted additional information to support the existence of an additional 42 ROGO exemption (as a permanent residential unit) and 5 RVs spaces (as transient residential 43 units). The Planning & Environmental Resources Department issued a revised Letter of 44 Development Rights determination for the Cudjoe Coco Palms Property on November 26, 45 2013. The letter states that there are 17 ROGO exemptions, associated with lawful the 46 existence of 17 mobile homes/RVs (as market-rate, permanent residential units) (File #2013- Page 3 of 18 1 132). Staff has requested additional information supporting the lawful existence of the 5 RV 2 spaces. A copy of the letter is attached as Exhibit 15 to the agreement. 3 4 Location#4: 5176 Suncrest Rd, Stock Island("Stock Island Suncrest Property")• 5 6 The Planning & Environmental Resources Department issued a Letter of Development 7 Rights determination for the Stock Island Suncrest Property on November 14, 2013. The 8 letter states that there are 7 ROGO exemptions, associated with lawful the existence of 7 9 mobile homes (as market-rate, permanent residential units) (File #2013-133). A copy of the 10 letter is attached as Exhibit 19 to the agreement. 11 12 Development Review Committee (DRC) and Planning Commission: 13 14 On July 30, 2013, this agreement was reviewed by the DRC. Staff and the DRC 15 recommended approval with amendments to the agreement. The requested revisions 16 included: 17 18 • Pursuant to MCC §130-161.1(2)(c)(i)(6), the applicant shall revise the agreement to 19 provide the timeframe required by the section or indicate that it shall be provided in 20 the minor conditional use permit(s): All units designated by the applicable 21 development agreement to remain as deed restricted affordable housing at the 22 donated, purchased or appropriately deed-restricted site(s) shall comply with 23 hurricane standards established by the Florida Building Code and habitability 24 standards established under the Florida Landlord and Tenant Act. Compliance shall 25 be accomplished in a manner and within a timeframe set forth in the development 26 agreement or, if applicable, in the relevant minor conditional use. 27 28 • Consistent with MCC §130-161.1(2)(c)(i)(3), the applicant shall revise the agreement 29 to provide language indicating that, prior to the transfer of a THE associated with a 30 non-existent or non-compliant dwelling unit, the applicant is prepared to construct a 31 new affordable housing unit, compliant with Monroe County Code and Florida 32 Building Code. Several of the 46 ROGO exemptions are associated with mobile 33 homes that are no longer in existence and RVs that illegally replaced lawful mobile 34 homes. 35 36 • Within the development agreement, a statement should be included that states that the 37 Planning Commission is entitled to request changes to the conceptual site plan if 38 required by regulation or to address community concerns that arise during the major 39 conditional use permit process. 40 41 • Within the development agreement, the applicant shall include a provision that 20 42 percent of the wet slips, excluding those current separate ownership, shall be 43 restricted to use by commercial fishing vessels. 44 Page 4 of 18 1 • If the applicant is intending to sync the time to complete the major conditional use 2 permit (normally 3 years) with the 10-year horizon of the development agreement, 3 within the development agreement, this premise should be clearly stated. 4 5 • Within the attachments, the legal descriptions for each of the affected properties shall 6 be written in clear and consistent manners. 7 8 • Within the attachments, the unofficial Land Use District Maps submitted by the 9 applicant shall be replaced with the official versions of the Land Use District Maps. 10 11 • Separately, after the DRC meeting, the applicant revised the agreement, and among 12 other changes, added a new party, Suncrest Landing, LLC, and a new property, 5176 13 Suncrest Road. Further, Coco Palms Developers, LLC purchased the property at 14 21585 Old State Road 4A on Cudjoe Key from H &L Florida Associates, LLC. 15 16 On October 30, 2013, at a public meeting, the agreement was reviewed and discussed by the 17 Planning Commission in advance of the November 15, 2013 public hearing. In addition, as 18 the amendment to the major conditional use permit is contingent on final approval of the 19 agreement, the Planning Commission reviewed and discussed the separate major conditional 20 use permit application in order to provide comments and suggestions on the redevelopment 21 in advance (which could have affected the agreement). 22 23 On November 15, 2013, at a public hearing, the agreement was reviewed by the Planning 24 Commission. The Planning Commission recommended approval with amendments to the 25 agreement. The recommendation is memorialized with Planning Commission Resolution 26 #P29-13. The requested revisions included: 27 28 • The Planning Commission requested a revision to modify the affordable housing 29 income types of the 46 affordable housing units from 100 percent moderate-income to 30 an approximate combination of 50 percent moderate-income, 25 percent median- 31 income and 25 percent low-income. 32 33 This revision is found on page 22 in section III (L). The breakdown would be 23 34 moderate-income, 12 median-income and 11 low-income. Further, Suncrest shall be 35 allocated 3 low-income and 4 moderate-income. Summerland Palms shall be 36 allocated 7 low-income, 10 median-income and 5 moderate-income. Coco Palms 37 Developers shall be allocated 1 low-income, 2 median-income and 14 moderate- 38 income. 39 40 • The Planning Commission requested a revision to modify the language concerning 41 the height of structures to expressly limit the height of all structures to 35 feet or less. 42 43 This revision is found on pages 9, 10, 11 and 12 in section III (D). 44 Page 5 of 18 I • The Planning Commission requested a revision to the development agreement to 2 modify the proposed duration of rent-controlled leases for existing mobile home 3 residents from 5 years to 7 years. 4 5 This revision is found on pages 20-21 in section III (L). Please note that after the 6 November 15, 2013 public hearing, staff found that granting a 7-year lease would be 7 in conflict with MCC §130-161(a)(6)g., which limits the term of any lease to 3 years. 8 In order to maintain compliance, the Parties agree to provide initial leases for 9 durations of 3 years. Upon expiration of the initial leases (3 years after the 10 commencements of the initial leases), if the occupants requalify for affordable 11 housing occupancy, their leases shall be renewed for an additional 3 years at the same 12 rent rates. Upon expiration of the renewal leases (6 years after the commencements of 13 the initial leases), if the occupants requalify for the affordable housing occupancy, 14 their leases shall be renewed for an additional one 1 to 3 years at the same rent rates. 15 Page 6 of 18 I III BACKGROUND INFORMATION: 2 3 Location#1 (Oceanside Property) - Oceanside Marina, 5950 and 5970 Peninsular Ave, 4 Stock Island, mile marker 5: 5 Real Estate (RE)Numbers: 00 127420.000000 and 00127420.000100 Current Property Owner: Oceanside Investors, LLC Q Total Size of Parcels: Approximately 19.84 acres (approximately 11.18 acres of upland) Land Use District: Mixed Use (MU) Future Land Use Map (FLUM)Designation: Mixed Use/Commercial (MC) Tier Designation: Tier III Flood Zones: AE-EL 9, AE-EL 10 and VE-EL 13 �Q Existing Uses: Marina, Commercial Retail, Office, Residential 22 Existing Vegetation/Habitat: Predominately scarified, with mangroves along some N segments of the shoreline and areas landscaping throughout the site 25 Community Character: Mixed Use 26 27 t{ 28 29 fi 30 f '' 31 32 33 ii 34 s 35 36 37 " 38 ` 39 r.m 40 n 41 42 43 44 45 46 47 Oceanside Property with Land Use Districts Overlaid(Aerial dated 2012) 48 49 Page 7 of 18 I Location #2 (Summerland Palms Property) - Summerland Palms Trailer Park,24930 2 Overseas Hwy, Summerland Key,mile marker 25: 3 4 Real Estate (RE)Numbers: 00194741.000100, 00194741.000200, 00194741.000300, 5 00194741.000400, 00194741.000500, 00194741.000600, 00194741.000700, 6 00194741.000800, 00194741.000900, 00194741.001000, 00194741.001100, 7 00194741.001200, 00194741.001300, 00194741.001400, 00194741.001500, 8 00194741.001600, 00194741.001700, 00194741.001800, 00194741.001900, 18 00194741.002000, 00194741.002100 and 00194741.002200 11 Current Property Owner: Summerland Palms Investors, LLC 14 Total Size of Parcels: Approximately 0.93 acres (approximately 0.93 acres of upland) Land Use District: Urban Residential Mobile Home (URM) Future Land Use Map (FLUM)Designation: Residential High(RH) Tier Desi agn tion: Tier III Flood Zone: AE-EL 8 Existing Use: Mobile Home 25 Existing Vegetation/Habitat: Predominately scarified,with areas landscaping 39 throughout the site 28 Community Character: Mixed Use 29 30 31 32 33 34 35 r. 36 ;. 37 38 39 40 41 e 42 43 ::. 44 45 47 48 49 50 Summerland Palms Property with Land Use Districts Overlaid(Aerial dated 2012) Page 8 of 18 1 Location#3 (Cudioe Coco Palms Property)—Rainbow's End Trailer Park,21585 Old 2 State Rd 4A, Cudioe Key, mile marker 22: 3 Real Estate (RE)Number: 00174960.000000 Current Property Owner: Coco Palms Developers, LLC Total Size of Parcel: Approximately 3.42 acres (Unknown amount of upland) 10 Land Use Districts:Native Area(NA), Urban Residential Mobile Home (URM) and 11 Suburban Commercial (SC) 13 Future Land Use Map (FLUM)Designations: Residential Conservation(RC), Residential 14 High(RH) and Mixed Use/Commercial (MC) 19 Tier Designation: Tier III Flood Zone: AE-EL 10 �Q Existing Uses: Mobile Home, Commercial Retail, RV 22 Existing Vegetation/Habitat: Predominately scarified, with mangroves and buttonwood 3� along some segments of the shoreline and areas landscaping throughout the site 25 Community Character: Mixed Use 26 27 28 29 a 30 31w 32 33 ^ " 34 35 36 37 � . 38 39 40 41 42 43 44 � 45 46 47 Cudjoe Coco Palms Property with Land Use Districts Overlaid(Aerial dated 2012) 48 49 50 51 Page 9 of 18 1 Location#4 (Stock Island Suncrest Property) - 5176 Suncrest Rd, Stock Island, mile 2 marker 5• 3 Real Estate (RE)Number: 00132680.000000 Current Property Owner: Suncrest Landing, LLC Total Size of Parcels: Approximately 2.07 acres (Unknown amount of upland) Q Land Use Districts: Mixed Use (MU) and Native Area(NA) 12 Future Land Use Mat) (FLUM) Designations: Mixed Use/Commercial (MC) and 14 Residential Conservation(RC) Tier Designations: Tier I and Tier III Flood Zones: AE-EL 8 and AE-EL 9 Existing Mobile Home Existing Vegetation/Habitat: Partially scarified, with significant areas of mangroves 23 Community Character: Mixed Use 24 25 y.. 26 27 28 29 � 30 31 R s , 32 33 34 35 . 36 , 37 38 39 40 � 41 42 43 44 45 a 46 Stock Island Suncrest Property with Land Use Districts Overlaid(Aerial dated 2012) 47 48 49 50 51 52 53 Page 10 of 18 I IV REVIEW OF APPLICATION: 2 3 The BOCC shall have authority to enter into a development agreement by resolution with any 4 person having a legal or equitable interest in real property located within the unincorporated 5 area of Monroe County if the development agreement meets all of the requirements of the 6 Florida Local Government Development Agreement Act, Section 163.3220-163.3243, 7 Florida Statutes; provided, however, that the duration of the development agreement shall not 8 exceed 10 years, and any duration specified in a development agreement shall supersede any 9 conflicting duration otherwise specified in the land development regulations. 10 11 Pursuant to Section 163.3227, Florida Statutes, a development agreement shall include the 12 following: 13 14 a) A legal description of the land subject to the agreement, and the names of its legal and 15 equitable owners: 16 17 Oceanside Property: In the agreement, a property description is stated in section I and a 18 full legal description is provided in Exhibit 2. Ownership is stated in section I and a 19 special warranty deed is provided in Exhibit 1. 20 21 Summerland Palms Property: In the agreement, a property description is stated in section 22 I and a full legal description is provided in Exhibit 9. Ownership is stated in section I and 23 a special warranty deed is provided in Exhibit 8. 24 25 Cudjoe Coco Palms Property: In the agreement, a property description is stated in section 26 I and a full legal description is provided in Exhibit 13. Ownership is stated in section I 27 and a quit claim deed is provided in Exhibit 12. 28 29 Stock Island Suncrest Property: In the agreement, a property description is stated in 30 section I and a full legal description is provided in Exhibit 17. Ownership is stated in 31 section I and a warranty deed is provided in Exhibit 16. 32 33 b) The duration of the agreement: 34 35 The agreement shall remain in effect for 10 years from the effective date, as stated in 36 section III (C) on page 8. 37 38 c) The development uses permitted on the land, including population densities, and building 39 intensities and height: 40 41 Permitted uses on the land(s), population densities, and building intensities and height(s) 42 are provided in section III (D) on pages 8 through 12. 43 44 d) A description of public facilities that will service the development, including who shall 45 provide such facilities; the date any new facilities, if needed, will be constructed; and a Page 11 of 18 1 schedule to assure public facilities are available concurrent with the impacts of the 2 development: 3 4 A description of public facilities is stated in section III (E)on pages 12 through 13. 5 6 e) A description of any reservation or dedication of land for public purposes: 7 8 There will be no reservation or dedication of land for public purpose. This is stated in in 9 section III (F) on page 13. 10 11 f) A description of all local development permits approved or needed to be approved for the 12 development of the land: 13 14 Required local development permits are not provided in a single section. The requirement 15 for a major conditional use permit to redevelop the Oceanside Property is provided in 16 section III (M) on page 23. The requirement for a minor conditional use permit to finalize 17 transfer the TRE's is provided in section I (I) on page 2 and III (L) on pages 18-19. 18 Permit requirements in general are provided in section III (U) on page 25, which states 19 "This Agreement is not and shall not be construed as a Development Permit, 20 Development Approval or authorization to commence development, nor shall it relieve 21 the Parties other than Monroe County of the obligations to obtain necessary Development 22 Approvals that are required under applicable law and under and pursuant to the terms of 23 this Agreement and Monroe County Code." 24 25 g) A finding that the development permitted or proposed is consistent with the local 26 government's comprehensive plan and land development regulations: 27 28 A finding of consistency is stated in section III (0) on page 24. 29 30 h) A description of any conditions, terms, restrictions, or other requirements determined to 31 be necessary by the local government for the public health, safety, or welfare of its 32 citizens: 33 34 A description of any conditions, terms, restrictions or other requirements is not provided 35 in a single section. Such conditions, terms, restrictions and other requirements are 36 provided throughout the agreement. 37 38 i) A statement indicating that the failure of the agreement to address a particular permit, 39 condition, term, or restriction shall not relieve the developer of the necessity of 40 complying with the law governing said permitting requirements, conditions, term, or 41 restriction: 42 43 Breach, amendment, enforcement and termination of the development provisions are 44 provided in section III (P) on pages 24 through 25. 45 Page 12 of 18 1 Pursuant to MCC § 130-161.1(2), a development agreement allowing the transfer of market- 2 rate, permanent residential TRE's associated with a mobile home park(s) of more than 10 3 mobile homes shall meet the following criteria: 4 5 a) Procedure - This transfer shall require an approved development agreement: 6 7 This agreement serves as a development agreement. Section 163.3220, Florida Statutes, 8 authorizes Monroe County to enter into development agreements with landowners and/or 9 governmental agencies to encourage a stronger commitment to comprehensive and 10 capital facilities planning, ensure the provision of adequate public facilities for 11 development, encourage the efficient use of resources, and reduce the economic cost of 12 development. 13 14 b) Procedure - Minor conditional use approval is required to complete the transfer: 15 16 If this agreement is approved, the applicant will additionally be required to apply for and 17 receive a minor conditional use permit(s)to finalize the transfer of TRE's from the sender 18 sites to the Oceanside Property receiver site. 19 20 c) Requirement- ROGO exemptions transferred under this program may be transferred on a 21 1 for 1 basis where the ROGO exemptions are to be transferred to single-family 22 residential lots or parcels within the same ROGO planning subarea. However, where 23 transfers are to be made to commercial or recreational working waterfronts(as defined by 24 Florida Statutes), or to multi-family projects in non-IS districts, the transfers shall result 25 in no fewer than two deed-restricted affordable or workforce housing units remaining on 26 an eligible sender site(s) for each market rate ROGO exemption transferred: 27 28 The agreement involves a transfer on a 1 for 1 basis. Although the receiver site is within 29 the same ROGO planning subareas as all of the sender sites, it does not currently consist 30 of single-family residential lots or parcels. As a plat not required or feasible, after any 31 approval and construction of the residential dwelling units, the developer will establish 32 individual parcels for each of the residential dwelling units via the Monroe County 33 Property Appraiser(with a unique real estate number for each single-family unit). 34 35 Note: Although the proposed 78 residential dwelling units would be attached dwellings, 36 the project is not defined as multi-family by the MCC. As defined in MCC §101-1, 37 dwelling, attached, means a residential dwelling unit consisting of one or more of 38 residential units that are developed without open yards on all sides of the dwelling unit. 39 This definition does not state that attached dwellings are multi-family. Dwelling, 40 apartment, means a multifamily building in which units share common entries or 41 accesses to individual units. This definition does not state that attached dwelling units 42 constitute apartments, and further, the proposal attached dwellings shall not share 43 common entries. 44 45 d) Requirement - The eligible sender site property(ies) shall be donated or sold to Monroe 46 County, or otherwise appropriately deed-restricted for long-term affordability. Prior to Page 13 of 18 I acceptance of a donated or purchased parcel, all units to be maintained on site shall pass a 2 life safety inspection conducted in a manner prescribed by the Monroe County Building 3 Department. Monroe County may then lease the sender site property to a parry who will 4 serve as lessee and sub-lessor of the eligible sender site(s): 5 6 The applicant has hired a professional to carry out inspection of the mobile home parks. 7 A report(s) shall be provided to the County. 8 9 e) Requirement- The number of transferred ROGO exemptions shall not exceed the number 10 of restricted affordable dwelling units maintained at the eligible sender sites: 11 12 The agreement involves the transfer of 46 TRE's to the receiver site and the deed- 13 restrictions of 46 affordable housing units at the sender sites. 14 15 f) Requirement - The resulting development or redevelopment of affordable housing 16 pursuant to the governing development agreement will be targeted to serve as closely as 17 possible the following household income categories: 25 percent very low income 18 households, 25 percent low income households, 25 percent median income households, 19 and 25 percent moderate income households (or as otherwise approved by the BOCC): 20 21 The agreement includes an approximate combination of 50 percent moderate-income, 25 22 percent median-income and 25 percent low-income. The applicant has requested that 23 allocations associated with the very low-income be reserved for other projects that 24 require very low-income allocations. Specifically: 25 • Suncrest shall be allocated 3 low income and 4 moderate income 26 • Summerland Palms shall be allocated 7 low income, 10 median income and 5 27 moderate income 28 • Coco Palms Developers shall be allocated 1 low income, 2 median income and 14 29 moderate income 30 31 g) Requirement - Lot rents and/or sales prices for resulting deed-restricted dwelling units 32 shall be established in accordance with restrictions outlined in Florida Statutes and/or the 33 Monroe County Code: 34 35 Compliance shall be monitored and an annual report shall be provided by the other 36 Parties. 37 38 h) Requirement - All units designated by the applicable development agreement to remain 39 as deed restricted affordable housing at the donated, purchased or appropriately deed- 40 restricted site(s) shall comply with hurricane standards established by the Florida 41 Building Code and habitability standards established under the Florida Landlord and 42 Tenant Act. Compliance shall be accomplished in a manner and within a timeframe set 43 forth in the development agreement or, if applicable, in the relevant minor conditional 44 use: 45 Page 14 of 18 1 The agreement includes language addressing that any units that do not meet the standards 2 will be improved or replaced prior to receiving an affordable housing deed-restriction 3 (and thus allowing the transfer of the associated market-rate TRE). 4 5 i) Requirement - A development agreement proposed under this program shall not utilize 6 more than 50 percent of the existing affordable housing allocations then available to 7 Monroe County, unless otherwise approved by the BOCC: 8 9 The agreement involves a reservation of 46 affordable housing allocations: Summerland 10 Palms Property (22), Cudjoe Coco Palms Property (17) and Stock Island Suncrest 11 Property (7). Further, of the 46 affordable housing allocations, 23 would be moderate 12 income, 12 would be median income and 11 would be low income. 13 14 As of the date of this staff report, the County has approximately 243 affordable housing 15 ROGO allocations available for reservation. In unincorporated Monroe County, 16 excluding the Big Pine/No Name Key ROGO subarea, there are approximately a) 168 17 very low income, low income and median income allocations and b) 75 moderate income 18 allocations. 19 20 Note: The reservation requires a separate resolution of the BOCC, pursuant to MCC 21 §138-24(b). 22 23 j) Requirement - All of the redeveloped or preserved affordable housing units, whether 24 redeveloped or retained at the original sender site(s), or at alternate or additional 25 locations, shall remain in the same planning sub-district as the original sender site(s): 26 27 All of the sender sites and the receiver site subject to the agreement are located in the 28 Lower Keys ROGO subarea. As defined in MCC §138-20(c), the Lower Keys ROGO 29 subarea is the unincorporated area of the County from the corporate limits of the Village 30 of Islamorada(approximately mile marker 72) south to the corporate limits of the City of 31 Key West at Cow Key Bridge on US 1 (approximately mile marker 4), excluding Big 32 Pine Key and No Name Key. 33 34 Pursuant to MCC § 130-161.1(2), a receiver site of the transfer of market-rate, permanent 35 TRE's associated with mobile home parks shall meet the following criteria: 36 37 a) Approval of a minor conditional use permit: 38 39 If this agreement is approved, the applicant will additionally be required to apply for and 40 receive a minor conditional use permit(s)to finalize the transfer of TRE's from the sender 41 sites to the Oceanside Property receiver site. 42 43 b) The receiver site shall be located in a Tier III designated area: 44 45 The Oceanside Property receiver site is designated Tier III. 46 Page 15 of 18 1 c) The receiver site shall not be located in a velocity (V)zone: 2 3 A small portion along the southern shoreline of the Oceanside Property receiver site is 4 located in a velocity (V) zone (VE-EL 13). The property is not located exclusively in a 5 velocity (V) zone. It is predominately located in AE-EL 9 and AE-EL 10 flood zones. As 6 shown on the conceptual site plan attached to the agreement, the site within the property 7 for the proposed 78 new units would not be located in the in the velocity(V)zone. 8 9 d) A property owner cannot receive a certificate of occupancy for any unit constructed as a 10 result of a transferred ROGO exemption until all corresponding eligible sender site units 11 are completed and deed-restricted as affordable dwelling units: 12 13 This requirement is stated several times in the agreement. 14 15 e) All or any portion of the redeveloped or preserved affordable housing units may be 16 redeveloped or retained at one or more alternate or additional locations donated or sold to 17 Monroe County, identified in the Development Agreement and otherwise compliant with 18 the remainder of this section, including but not limited to the requirements set forth in 19 Monroe County Code Section 130-161.1 (2)(c)(i)(2): 20 21 Not applicable. 22 23 f) Transferred ROGO-exemptions shall remain in the same ROGO planning subarea: 24 25 All of the sender sites and the receiver site subject to the agreement are located in the 26 Lower Keys ROGO subarea. As defined in MCC §138-20(c), the Lower Keys ROGO 27 subarea is the unincorporated area of the County from the corporate limits of the Village 28 of Islamorada(approximately mile marker 72) south to the corporate limits of the City of 29 Key West at Cow Key Bridge on US 1 (approximately mile marker 4), excluding Big 30 Pine Key and No Name Key. 31 32 Other Issues: 33 34 • Conceptual Approval of Site Plan: 35 36 This agreement includes a conceptual site plan for the redevelopment of the Oceanside 37 Property. Staff suggested, and the applicant accepted, language so that the applicant may 38 submit the conceptual site plan as part of this development agreement for review and 39 consideration, but not for final approval. 40 41 • TRE's and TDR's Associated with Overseas Redevelopment Company: 42 43 Oceanside Investors owns and holds the rights associated with 32 TRE's and 32 TDRs, 44 which are recognized as eligible to transfer by Development Order #02-07, issued to 45 Overseas Redevelopment Company. The development order was signed by the Director 46 of Planning and Environmental Resources on April 18, 2007 and recorded in the official Page 16 of 18 1 records of Monroe County on June 8, 2007. A copy of Development Order #02-07 and 2 proof of Oceanside Investors' ownership of the 32 TDR's and 32 TRE's recognized by 3 Development Order#02-07 is attached as Exhibit 7 to the agreement. 4 5 Oceanside Investors has the right to transfer the 32 TDR's and 32 TRE's recognized by 6 Development Order #02-07 off-site to the Oceanside Property, pursuant to Development 7 Order #02-07 and provided the provisions of the Monroe County Comprehensive Plan 8 and the Monroe County Code are met. This right to transfer has already been approved 9 and this agreement only recognizes this existing approval. 10 11 • Vacation Rental Use of the 78 New Residential Dwelling Units at the Oceanside 12 Property: 13 14 The agreement concerns vacation rentals at the receiver site. The agreement states that 15 vacation rental use is permitted. As defined in MCC §101-1, a vacation rental unit is 16 defined as "an attached or detached dwelling unit that is rented, leased or assigned for 17 tenancies of less than 28 days duration." 18 19 In the MU district, vacation rentals of attached dwelling units may not be permitted with 20 an annual vacation rental permit provided by the County. However, a specific exemption 21 to the annual vacation rental requirement is provided in MCC §134-1(b)(1). A vacation 22 rental permit is not required for a vacation rental of a dwelling unit located within a 23 controlled access, gated community with a homeowner's or property owner's association 24 that expressly regulates or manages vacation rental uses. 25 26 • Density at Sender Sites: 27 28 Two of the sender sites, Summerland Palms Property and Coco Palms Property, have 29 more mobile homes than would be allowed pursuant to current density requirements of 30 the URM density. However, the total number of lawful dwelling units may be replaced 31 and shall not be considered nonconforming pursuant to MCC §130-163. Notwithstanding 32 the provisions of sections 130-157, 130-158, and 130-162,the owners of land upon which 33 a lawfully established dwelling unit, mobile home, or transient residential unit exists shall 34 be entitled to one dwelling unit for each type of dwelling unit in existence before January 35 4, 1996. Such legally-established dwelling unit shall not be considered as a 36 nonconforming use. 37 38 • Deed-Restrictions of Unlawful Structures or Currently Non-Existent Mobile Homes: 39 40 Several of the 46 ROGO exemptions are associated with mobile homes that are no longer 41 in existence and RVs that illegally replaced lawful mobile homes. Prior to transfer of a 42 THE associated with non-existent mobile home or illegal RV, the applicant shall be 43 required to install a new mobile home or construct a new allowed type of residential 44 dwelling unit (note: the Stock Island Suncrest Property is zoned MU and replacement 45 mobile homes are not permitted). 46 Page 17 of 18 1 V RECOMMENDATION: 2 3 The Planning&Environmental Resources Department recommends approval. Page 18 of 18 MONROE COUNTY,FLORIDA PLANNING COMMISSION RESOLUTION NO.P29-13 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION RECOMMENDING APPROVAL TO THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS OF A DEVELOPMENT AGREEMENT BETWEEN MONROE COUNTY, SUMMERLAND PALMS INVESTORS, LLC, COCO PALMS DEVELOPERS, LLC, SUNCREST LANDING, LLC, SINGH INVESTORS, LLC, AND OCEANSIDE INVESTORS, LLC ALLOWING THE TRANSFER OF UP TO 46 MARKET- RATE ROGO EXEMPTIONS FROM SENDER SITES TO A RECEIVER SITE, IN ACCORDANCE WITH MONROE COUNTY CODE SECTION 130-161.1, AND CONCEPTUALLY APPROVING THE REDEVELOPMENT OF THE RECEIVER SITE. ON THE SENDER SITES, THE RESIDENTIAL DWELLING UNITS IN WHICH THE TRANSFERRED MARKET-RATE ROGO EXEMPTIONS ARE DERIVED SHALL BE CONVERTED TO, OR REPLACED WITH, AFFORDABLE HOUSING UNITS. 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, PB1-55, ALSO DESCRIBED AS 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. THE FIRST SENDER SITE, LOCATED AT 24930 OVERSEAS HIGHWAY, SUMMERLAND KEY, IS LEGALLY DESCRIBED AS LOT 55 AND A PORTION OF LOT 54, SUMMERLAND YACHT HARBOR, PB2-142, HAVING REAL ESTATE #00194741.000100, #00194741.000300, #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. THE SECOND SENDER SITE, LOCATED AT 21585 OLD Resolution#P29-13 File#2013-069 Page 1 of 6 STATE ROAD 4A, CUDJOE KEY, IS LEGALLY DESCRIBED AS LOT 30, SACARMA, PB248, HAVING REAL ESTATE #00174960.000000. THE THIRD SENDER SITE, LOCATED AT 5176-5180 SUNCREST ROAD, STOCK ISLAND, IS LEGALLY DESCRIBED AS LOTS 27 AND 28, SUN KREST, PB1-107, HAVING REAL ESTATE 400132680.000000. WHEREAS, during a regularly scheduled public meeting held on November 15, 2013, the Monroe County Planning Commission conducted a review and consideration of 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 in accordance with §110-132, §110-133 and §130-161.1 of the Monroe County Code and Florida Statutes Sec. 163.3220 et. seq., the "Florida Local Government Development Agreement Act"; and WHEREAS, the development agreement allows the transfer of 46 Residential Rate of Growth Ordinance (ROGO) exemptions—known as Transferable ROGO Exemptions (TRE's) - from sender sites at 24930 Overseas Highway ("Summerland Site") (22 market-rate permanent TRE's);21585 Old State Road 4A("Cudjoe Site") (17 market-rate permanent TRE's);and 5176- 5180 Suncrest Road ("Stock Island Site") (7 market-rate permanent TRE's) to a receiver site at 5950 and 5970 Peninsular Avenue (Oceanside), in accordance with §130-161.1 of Monroe County Code. On the sender sites, the residential dwelling units in which the transferred market- rate TRE's are derived shall be converted to, or replaced with, deed-restricted affordable housing; and WHEREAS,the development 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; and WHEREAS, 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 parcel of land in Sections 26, 34, 35 and 36, Township 37 South and Range 25 East,having real estate 400127420.000000 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 #00194741.000100, 400194741.000200, #00194741.000300, 400194741.000400, #00194741.000500, #00194741.000600, #00194741.000700, 400194741.000800, 400194741.000900, #00194741.001000, 400194741.001100, #00194741.001200, #00194741.001300, 400194741.001400, 400194741.001500, 400194741.001600, #00194741.001700, #00194741.001800, 400194741.001900,#00194741.002000,#00194741.002100 and 400194741.002200; and Resolution#P29-13 File#2013-069 Page 2 of 6 WHEREAS, the Cudjoe Site, located at 21585 Old State Road 4A, Cudjoe Key, is legally described as Lot 30, Sacarma (Plat Book 2, Page 48), having real estate #00174960.000000;and WHEREAS,the Stock Island Site, located at 5176-5180 Suncrest Road, Stock Island, is legally described as Lots 27 and 28, Sun Krest (Plat Book 1, Page 107), having real estate #00132680.000000;and WHEREAS, the development agreement is required as part of an affordable housing incentive program as set forth in§130-161.1 of the Monroe County Code; and WHEREAS, the intent of the program outlined in §130-161.1 is to establish an appropriate incentive for mobile home park owners to maintain mobile home park sites, mobile home developments in Urban Residential Mobile Home (URM) and Urban Residential Mobile Home Limited (URM-L) districts, and contiguous parcels under common ownership containing mobile homes where any of the foregoing is presently serving as a primary source of affordable housing in Monroe County(any of the foregoing being an "eligible sender site")by providing an alternative development strategy to straightforward market-rate redevelopment;and WHEREAS, the program outlined in §130-161.1 allows the transfer of market-rate ROGO exemptions associated with lawfully established dwelling units now existing at an eligible sender site to be transferred to another site or sites in exchange for maintaining an equal or greater number of deed-restricted affordable dwelling units within Monroe County;and WHEREAS, the November 15, 2013, Planning Commission public meeting served as one of the two required public hearings for the proposed development agreement;and WHEREAS,the Planning Commission was presented with the following documents and other information relevant to the request,which by reference is hereby incorporated as part of the record of said hearing: 1. Development Agreement application(File#2013-069),received by the Monroe County Planning&Environmental Resources Department on May 31,2013;and 2. Development Agreement received November 7,2013;and 3. Staff report prepared by Joseph Haberman, AICP,Planning&Development Review Manager,dated October 21,2013;and 4. Sworn testimony of Monroe County Planning & Environmental Resources Department staff; and 5. Sworn testimony of the applicant and general public;and 6. Advice and counsel of Susan Grimsley,Assistant County Attorney, Steve Williams, Assistant County Attorney,and John Wolfe, Planning Commission Counsel; and WHEREAS, based upon the information and documentation submitted, the Planning Commission makes the following Findings of Fact: Resolution 029-13 File#2013-069 Page 3 of 6 1. The receiver site, Oceanside, located at 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;and 2. The Summerland Site, a sender site, located at 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; and 3. The Cudjoe Site, a sender site, located at 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; and 4. The Stock Island Site, a sender site, located at 5176-5180 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 (note: affordable housing would be located entirely within the Tier III portion of the site); and 5. On July 30, 2013, the development agreement was reviewed by the Development Review Committee; and 6. Section 163.3220, Florida Statutes, authorizes Monroe County to enter into development agreements with landowners and/or governmental agencies to encourage a stronger commitment to comprehensive and capital facilities planning, ensure the provision of adequate public facilities for development,encourage the efficient use of resources,and reduce the economic cost of development; and 7. The development 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; and 8. Development shall not be inconsistent with the Monroe County Code; and 9. Development shall not be inconsistent with the Monroe County Comprehensive Plan; and Resolution#P29-13 File#2013-069 Page 4 of 6 10. Development on Stock Island shall not be inconsistent with the Master Plan for the Future Development of Stock Island and Key Haven, also known as the Stock Island/Key Haven CommuniKeys Plan; and 11.Development in applicable areas of the Lower Keys shall not be inconsistent with the Lower Keys(MM 14.2—29.0)Livable CommuniKeys Plan; and 12.Development shall not be inconsistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern;and WHEREAS, at the November 15, 2013, public hearing, the Planning Commission formally requested a revision to the development agreement to modify affordable housing income types of the 46 affordable housing units from 100 percent moderate-income to an approximate combination of 50 percent moderate-income, 25 percent median-income and 25 percent low-income;and WHEREAS, at the November 15, 2013 public hearing, the Planning Commission formally requested a revision to the development agreement to modify the language concerning the height of structures to expressly limit the height of all structures to 35 feet or less;and WHEREAS, at the November 15, 2013 public hearing, the Planning Commission formally requested a revision to the development agreement 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, with fulfillment of the requested revisions,the Planning Commission makes the following Conclusions of Law: 1. The request is consistent with the provisions and intent of the Monroe County Code; and 2. The request is consistent with the provisions and intent of the Monroe County Year 2010 Comprehensive Plan;and 3. The request is not inconsistent with the provisions and intent of the Master Plan for the Future Development of Stock Island and Key Haven;and 4. The request is not inconsistent with the provisions and intent of the Lower Keys(MM 14.2—29.0)Livable CommuniKeys Plan; and 5. The request is not inconsistent with any of the Principles for Guiding Development in the Florida Keys Area of Critical State Concern;and Resolution#P29-13 File#2013-069 Page 5 of 6 NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY, FLORIDA,that the preceding Findings of Fact and Conclusions of Law support its decision to RECOMMEND APPROVAL of the proposed development agreement, with the revisions requested by the Planning Commission at the November 15th,2013 public hearing. PASSED AND ADOPTED BY THE PLANNING COMMISSION of Monroe County, Florida,at a regular meeting held on the 15d'of November,2013. Chair Wiatt YES Commissioner Hale YES Commissioner Lustberg YES Commissioner Miller YES Commissioner Werling YES PLANNING CO MISS N OF MONROEICOUNTY,FLORIDA i 1 f BY j William Wiatt, Chair Signed this j —day of f ..>r,_ _3'"" , 2013. 1 E0 rI 'I'"1^i c V 2 1 2013 Resolution#P29-13 File#2013-069 Page 6 of 6 Municode Page 1 of 3 c. -1 1.1. Affordable housing incentive programs. (1) Purpose and intent. The intent of this section is to set forth a program to help incentivize affordable housing development within Monroe County. (2) Program 1: Transfer of ROGO Exemptions from Mobile Home Parks. The intent of this (a) Purpose and intent: program is to establish an appropriate incentive for mobile home park owners to maintain mobile home park sites, mobile home developments in URM and 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. This program is intended to allow the transfer of market rate ROGO exemptions associated with lawfully established dwelling units now existing at an eligible sender site to be transferred to another site or sites in exchange for maintaining an equal or greater number of deed-restricted affordable dwelling units within Monroe County. This program seeks to address the housing needs of the Florida Keys as a regional obligation. This program provides an eligible sender site owner the opportunity to transfer market rate ROGO exemptions currently associated with existing and lawfully established dwelling units from eligible sender sites to receiver site(s)within Monroe County, provided that it involves the pooling of affordable dwelling unit rights for redevelopment at donated,purchased or otherwise appropriately deed-restricted sites,and transfer of ROGO exemptions or allocations for the purpose of implementing and facilitating one or more affordable housing projects.The provisions of this section shall control over all contrary provisions (b) Procedure. of this chapter related to the transferability of ROGO exemptions. (i) This transfer shall require an approved development agreement. (ii) Minor conditional use approval is required to complete the transfer. (iii) A development agreement shall not be required for an eligible sender site containing ten or fewer mobile homes. For the purposes of this exception, property owners shall not be permitted to subdivide by deed, split ownership or otherwise divide larger contiguous parcels containing more than ten mobile homes to create parcels containing fewer than ten mobile homes. (c) Development agreement requirements. Sender site restrictions: U) ROGO exemptions transferred under this program may be transferred on (1) a 1 for 1 basis where the ROGO exemptions are to be transferred to single-family residential lots or parcels within the same ROGO planning subarea. However, where transfers are to be made to commercial or recreational working waterfronts (as defined by Florida Statutes), or to multi-family projects in non-IS districts, the transfers shall result in no fewer than two deed-restricted affordable or workforce housing units remaining on an eligible sender site(s)for each market rate ROGO exemption transferred. This section expresses the county's preference for transfer of ROGO exemptions to single-family lots/parcels. The following examples are set forth only to show some potential transfer scenarios. A given potential scenario may depend upon availability of affordable ROGO allocations provided by the county. Example 1:Transfer on a 1 for 1 basis. Existing 100-unit mobile home park.A development agreement with the county may, if approved, allow the owner to transfer up to 100 ROGO-exemptions to single-family lots/parcels as long as an equivalent http://library.municode.com/print.aspx?h=&clientID=14298&HTMRequest=htt... 11/27/2013 Municode Page 2 of 3 number of deed-restricted affordable dwelling units remain or are created on one or more created on one or more eligible sender site(s).Example 2:Transfer on a 1 for 2 basis.The same existing 100-unit mobile home park.A development agreement with the county may, if approved, allow the owner to transfer up to 50 ROGO-exemptions to commercial or recreational working waterfront or multi-family projects in non-IS districts, as long as at least twice as many deed-restricted affordable dwelling units remain or are created on one or more eligible sender site(s). Example 3:Transfer on both 1 for 1 and 1 for 2 basis.The same existing 100-unit mobile home park.A development agreement with the county may, if approved, allow the owner to transfer up to 25 ROGO exemptions to a commercial or recreational working waterfront Mixed Use parcel, and 50 ROGO-exemptions to single-family lots/parcels, as long as 100 deed-restricted affordable dwelling units remain or are created (2) on one or more eligible sender site(s). The eligible sender site property(ies) shall be donated or sold to Monroe County, or otherwise appropriately deed-restricted for long-term affordability. Prior to acceptance of a donated or purchased parcel, all units to be maintained on site shall pass a life safety inspection conducted in a manner prescribed by the Monroe County Building Department. Monroe County may then lease the sender site property to a party who will serve as lessee and sub-lessor of the eligible sender site (s). The number of transferred ROGO exemptions shall not exceed the number of restricted affordable dwelling units maintained at the eligible sender sites. The resulting development or redevelopment of affordable housing pursuant to the governing development agreement will be targeted to serve as closely as possible the following household income categories: 25 percent very low income households, 25 percent low income households, 25 percent median income households, and 25 percent moderate income households (or as otherwise approved by the BOCC). Lot rents and/or sales prices for resulting deed-restricted dwelling units shall be established in accordance with restrictions outlined in Florida Statutes and/or the Monroe County Code. All units designated by the applicable development agreement to remain as deed restricted affordable housing at the donated, purchased or appropriately deed-restricted site(s) shall comply with hurricane standards established by the Florida Building Code and habitability standards established under the Florida Landlord and Tenant Act. Compliance shall be accomplished in a manner and within a timeframe set forth in the development agreement or, if applicable, in the relevant minor conditional use. A development agreement proposed under this program shall not utilize more than 50 percent of the existing affordable housing allocations then available to Monroe County, unless otherwise approved by the BOCC. All of the redeveloped or preserved affordable housing units, whether redeveloped or retained at the original sender site(s), or at alternate alternate or additional locations, shall remain in the same planning sub- district as the original sender site(s). Receiver site criteria: The receiver site shall be located in a Tier III designated area. The receiver site shall not be located in a velocity M zone. http://library.municode.com/print.aspx?h=&clientID=14298&atnp;HTMRequest=htt... 11/27/2013 Municode Page 3 of 3 A property owner cannot receive a certificate of occupancy for any unit constructed as a result of a transferred ROGO-exemption until all corresponding eligible sender site units are completed and deed- restricted as affordable dwelling units. All or any portion of the redeveloped or preserved affordable housing units may be redeveloped or retained at one or more alternate or additional locations donated or sold to Monroe County, identified in the Development Agreement and otherwise compliant with the remainder of this section, including but not limited to the requirements set forth in subsection (2)(c)(i)(2). (5) Transferred ROGO-exemptions shall remain in the same ROGO planning subarea. (e) Nothing herein shall preclude the county's replacement of sender site dwelling units with affordable allocations and recovery and transfer of market-rate ROGO-exemptions from the sender sites for use in administrative relief programs or other like purposes. (Ord. No. 018-2008. !�9.5-266.1) http://library.municode.com/print.aspx?h=&clientlD=14298&HTMRequest=htt... 11/27/2013 MONROE COUNTY,FLORIDA PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT 2798 Overseas Hwy,Suite 400,Marathon,FL 33050; (305)289-2500 Rental Affordable Housing Units Monroe County 2013 Qualifying Income Limits Income Limits for Single Persons Very Low Low Median Moderate Household Size 50% 80% 100% 120% 1 Person $30350 $48,550 $60,700 mww ww$72,840 2 Persons $34,700 $55,500 $69,400 $83,280 3 Persons _._. mmm $39050 _ $62,450 �� $78,100 $93,720 ..__ .-_... .u-.a__ 4 Persons $43,350 $69,350 $86,700 $104,040 . _..... _ _ . .... .,, „ _�__._ , , ., ...... ._ m_ ,� m 5'Persons $46,850 $74,900 ` $93,700 $112440 _._. ...._ _ _ _.. ........ ....__ 6 Persons $50,300 $80,450 $100,600 $120,720 . _ 7 Persons_ 86,000 $107,6001 $129,120 8 Persons $57,250 $114, $91,550 ..... . .... ._. ._..._a..u.... 500 $137,400 Per MCC§101-1.Affordable Housing Definitions Income Limits for Married or Domestic Partners Household Size Very Low Low Median Moderate 50% 80% 100% 120% 2 Persons $46,267 $74,000 $92,533 $111,040 3 Persons w $52,067 $83,267' $104, m _4, 6 _.. mo _. $57 _ _.� 9 , � 600 � $13 8 720 4 Persons $57,800 $92 467 $115, , 720 5 Persons $62 467 $99,867 $124,933 $149,920' 6 Persons $67,067 $107,267 $134,133 $160,960 _...r._� _.�. �_.. . .ate 7 Persons $71,733 $114,667 $143,467 $172,160 ......8 Persons $76,333 $122,067 $152,6671 $183,200 Per MCC§130-161.(a)(6)0) Maximum Monthly Rental Rates Unit Size Very Low Low Median Moderate 50% 80% 100% 120% .. Efficlency $759 $1,214 $1,518 $1,821 bedroom_ $868 �� 1 38 $ $1, 2,082 8 $1,735 _._ 2 bedrooms $976' _... $1,561 $1 953 .$2,343 $ 3 bedrooms $1,084 $1,734 2,168 $2,601 4+bedrooms $1,171 $1,873 $2,343 $2,811 . Per MCC§130-16L(a)(6)(i)and MCC§101-1.Affordable Housing Definitions Updated 8/26/2013 December 9,2013 To: Monroe Commission Marathon Government Center 2798 Overseas Highway Marathon,FL 33050 From: James E.Wilson,President Oceanside East Dry Storage Condominium Dear Commissioners: My name is Jim Wilson and I own unit I-11 of the Oceanside East Dry Storage Condominium.I am also serving as the current President of our Condominium Association,which occupies the newer boat storage building at Oceanside Marina.I represent 52 dry slip or"-rackominium" unit owners, who many have owned their units since the original sellout of approximately nine to ten years ago. The upland portion of Oceanside Marina has been in limbo for at least the last 6 years and the property became bank-owned over the prior few years due to the recession. Redevelopment plans never came to fruition by the prior group and little maintenance and repairs has been performed since.As a result,prices for the dry slips have plummeted due to the economy and the uncertainty of the future of the redevelopment. Our Association is in favor of the development plan proposed by Mr. Singh.The Singh Company has a proven track record,throughout the Florida Keys.We feel that Singh development will benefit the individual existing Condominium Association and the Stock Island market area. Therefore, Commissioners,we ask for your approval of this project. Respectfully, James E. Wilson,President Oceanside East Dry Storage Condominium 2-? Oceanside Marina Condominiatn Association, Inc. 5950 Peninsular Avenue Key West, FL 33040 P.O. Box 5034 Key west FL 33045 December 9, 2013 Monroe County Comtnission Marathon, FL 33050 RE: Oceanside Investoit, LLC—Application Dear Commissioners: The Board of Directors has requested that I advise you of our Association's support for subject project. Our Association in comprised of 96 marina slip owners in Oceanside and I am the president of the Association. We are particularly pleased to be working with a successful developer after having survived the relationship with several unsuccessful ones. We approve his designs and plans for the property and feel that we can now realize our investment potential and be part of a first class facility. Your apProval of their pending application in fully supported, Sincerely, Dan Probert President. DCP/nb Osma 1209201.3Itr Edwikt O. Swift, III suite 224 20/ front street key west, fl 33040 (305) 291i.11:142 1 As a 30 year plus advocate of affordable housing for thework force - Monroe,Count ;i h vie reviewed the development agreement application submitted by Oc ans de lnvest©r .Go o balm Developers,Summerland Palms Investors and Suncrest Landings and irid to 0propria e. t � As I understand it the market rate ROGOs associ' ted ith trader;perks wilib&e tra, (erred to Oceanside to be recycled as market rate vacation rentalsrr on;�a2•ne for o e •asirs,wits a. ordable ROGOs which will.be allocated to the trailer parks to replac- t�he market rate ROGOs-.. The trailer parks will then be deed restricted in perpetuity for-affor ab-. orkforce units that will be a mix between low, median and moderate income levels. Thus, ivrng, hese mobile home sites protection that they currently do not have." :,- .. As the commission is aware-I havtbeen :ight'ing f o a e conversion of trailer parks to market rate housing for manyy rs and was i age-part the'author o Cr- 3@%inclusion-ry rule. This current scheme employed b,theme development greerx�ent preserves 1.0% 0affordable mobile home housing and in effecttreserres i for the Keysworkforce forever. Therefor-, oiea' - support the project. , s "-. k" ;4. - bra 3,p, ' p " '", ,.. a :- - . �..�, . 4 .� W , .Sincerely Ed Swift, III Y