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Item R2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 16,2014 Division. Growth went Bulk Item: Yes— No X Staff Contact Person/Phone#: Christine Hurle 289-2517 ToMh Haberman 289-2532 AGENDA ITEM WORDING: A public hearing to adapt a resolution approving a Development Agreement,pursuant to Chapter 63.3220 F.S., between 1�ngstock II, LLC and MonroeCounty, Florida a to a conceptual plan to redevelopStock Island Village, located at 700 and 7009 S Read on Stock.Island. (Statutorily Required Public Hearing) ITI Mai BACI+GROUP D: The agreement involves the redevelopment of Stock Wand Marina Village, located at 700 and 7009 Shrimp Road on Stock Island.The new development would include commercial retail,office,commercial fishing,light industrial and hotel uses.The development will be consistent with the policies of the Comprehensive Plan, including but not limited to Policy 101.4.5,and the provisions of the Monroe County Code.Public access is permitted from 7.00 a.m.until dusk. More specifically,the maximum new development would include: • A hotel with up to 100 hotel rooms; • A restaurant with up to 150 seats and up to 4,000 square feet of floor area; • A marine services and retail building, a rum distillery, a fish house retail and distribution building, and an environmental resource building consisting of up to 40,000 square feet; • Additional amenities ancillary and accessory to the hotel use,including a lobby,gatehouse,offiocs, fitness center, bath house,maintenance,housekeeping and watrrrsports consisting of up to 10,000 square feet;and • Parking areas and landscaping. • Required working waterfront preservation pursuant to Comprehensive Plan Policy 101.4.5: o Working waternt and water dependent uses, such as marina, fish houselmarket,boat repair,boat building, boat storage, or other similar uses but excluding transient uses, shall be preserved by maintaining a aminizrrum of 35%of the upland area of the property for those uses. o At least 20% of the existing wet slips shall be preserved for vessels involved with recreational and commercial working water&ont uses, excluding live-aboard vessels solely used as a residence and not for navigation. v At least 10% of the new wet slips shall be preserved for vessels involved with recreational and commercial working waterfront uses,excluding live-aboard vessels solely used as a residence and not for navigation. o The preservation of dockage for recreational and commercial working waterfront uses shall be documented on the final development plan and shall be a written condition of any permit approval. o Permanent residential development shall be limited to commercial apartments or employee housing. o The preservation of a public access walkway shall be required for all parcels with direct access to the water. Consideration shall be given to security and the physical constraints of the parcel.The public access walkway shalll be documented on the final development plan to link a continuous walkway and shall be a written condition of any permit approval. a Parcels shall be limited to commercial retail uses of less than 5,000 square feet of floor area. In addition to the application for a development agreement,the applicant submitted an application for an amendment to a major conditional use permit for the associated redevelopment of the subject property. This separate application, which will be reviewed by the Planning Commission at a later date, is required in order for the property owner to redevelop the marina.. During a public meeting held on April 29, 2014, the Development Review Committee reviewed the development agreement and recommended approval. During a public hearing held on May 28, 2014, the Planning Commission reviewed the agreement and recommended approval. PREVIOUS RELEVANT 1BOCCC ACTION;n/a CONTRACT/A+GREENIENT CHANGES: n/a STAFF RECONEM[ NDATIONS: Staff recommends approval. TOTAL COST-._INDIRECT COST: BUDGETED: YesNo DIFFERENTL4L OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes— No— AMOUNT PER MONTH Year APROVED BY: County f—X OMB[Purchasing— Risk MmWement DOCUMENTATION:Included X Not Required� DISPOSITION: AGENDA rMM# f If Y f I/ MONROE COUNTY, FLORIDA RESOLUTION NO. -2014 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS P OVING A DEVELOPMENT AGREEMENT BETWEEN MONROE COUNTY, FLORIDA D LONGSTOCK II, LLC, CONCEPTUALLY APPROVING THE REDEVELOPMENT OF STOCK. ISLAND MARINA VILLAGE, LOCATED AT 700 AND 7009 SHRIMP ROAD, STOCK ISLAND, APPROXIMATE MILE MARKER 5, DESCRIBED AS PARCELS OF LAND IN SECTION 35, TOWNSHIP 67 SOUTH, RANGE 25 EAST, STOCK ISLAND, MONROE COUNTY, FLORIDA, AND HAVING AL ESTATE ) NUMBERS 00123720.000100, 00123720.000200 AND 00123760.000200. WHEREAS, during a public meeting held on July 16, 2014 the Monroe County Board of County Commissioners conducted a public hearing to review and consider a request filed by Attorney Barton W. Smith, on behalf of Longstock II, LLC, for a development agreement in accordance with §110-132 and §110-133 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 relates to the redevelopment of an existing mixed use marina, to include commercial retail, office, commercial fishing, light industrial and hotel uses.The residential density would not exceed. 100 transient residential units.Not including accessory structures related to residential uses, the nonresidential floor area would not exceed 0,00 square feet. New residential or nonresidential buildings shall not exceed 5' in height; and WHEREAS,the Agreement approves a conceptual site plan for development on the site, subject to further site plan approval by the Planning Commission; and WHEREAS, the development agreement involves the redevelopment of the site, currently known as Stock Island Marina Village, located at 700 and 7009 Shrimp Road, Stock Island,Florida, approximate mile marker 5 of the Overseas Highway(US 1); and WHEREAS, the site is described as parcels of land in Section 35, Township 67 South, Range 25 East, Stock Island, Monroe County, Florida, having Real Estate (RE) Numbers 00123720.000100, 00123720.000200 and 00123760.000200; and Page 1 of 3 WHEREAS, based upon the information and documentation submitted, the Board of County Commissioners makes the following Findings of Fact: L The subject property is located within a Maritime Industries (MI) 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 1 In 2013, an amendment to the Monroe County Future Land Use Map was approved amending the future land use designation of the subject property from Industrial (1) to Mixed Use/Commercial (MC). The approval is memorialized by Ordinance #045- 2013, approved by the Board of County Commissioners at a public hearing on December 11,2013; and 3. The existing marina was established prior to 1986 and is thereby deemed to have a major conditional use permit pursuant to §101 4(c) of the Monroe County Code; and 4. 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 5. 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 6. Development shall not be inconsistent with the Monroe County Code; and 7. Development shall not be inconsistent with the Monroe County Comprehensive Plan; and 8. 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 9. Development shall not be inconsistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; and 10. The Monroe County Planning Commission held a public hearing at its meeting on May 28, 2014;, which was the first of two required public hearings, and recommended approval to the Board of County Commissioners in Resolution #P 19- 14; Page 2 of 3 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 Master Plan for the Future Development of Stock Island and Key Haven, also known as the Stock Island/Key Haven CommuniKeys Plan; 4. The request is consistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; 5. 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 1 63.3 223, et seq., Florida Statutes; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of Law support its decision to APPROVE the Development Agreement between Monroe County, Florida and Longstock II, LLC attached hereto. PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS of Monroe County, Florida, at a regular meeting held on the 16'h of July, 2014. Mayor Sylvia Murphy Mayor pro tern 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: A HEAVILIN, CLERK Deputy Clerk Page 3 of 3 1 2 3 4 DEVELOPMENT AGREEMENT 5 6 THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into on the day 7 of 2014, by and between Monroe County, Florida, a Political 8 Subdivision of the State of Florida ("Monroe County") and Longstock 11, LLC, a Florida 9 limited liability company, d/b/a Stock Island Marina Village ("SMW") (collectively, the 10 "Parties'), pursuant to Sections 110-132 and 110-133 of the Monroe County, Florida, Code of 11 Ordinances ("Monroe County Code"), and the Florida Local Government Development 12 Agreement Act, Florida Statutes Sections 163.3220-163.3243 (2013), and is binding on the 13 "Effective Date" set forth herein: 14 15 WITNESSETH: 16 17 The Parties hereby agree as follows: 18 19 1. RECITALS 20 A. This Agreement involves the redevelopment of property located at 700 and 7009 Shrimp 21 Road, Stock Island, Florida. 22 23 B. All Parties have the authority to enter into this Agreement through Florida Statutes Chapter 24 163. 25 26 C. Section 163.3220, Florida Statutes, authorizes Monroe County to enter into development 27 agreements with landowners and/or governmental agencies to encourage a stronger 28 commitment to comprehensive and capital facilities planning, ensure the provision of 29 adequate public facilities for development, encourage the efficient use of resources, and 30 reduce:the economic cost of development. 31 32 D. This Agreement, among other things, is intended to and shall constitute a development 33 agreement among the Parties pursuant to the Florida Local Government Development 34 Agreement Act, Section 163.3223, et seq., Florida Statutes(the "Act"). 35 36 E. The Parties recognize that the public noticing and hearing procedures shall follow the 37 requirements of Section 163.3225, Florida Statutes, which requires the local government to 38 conduct two public hearings, one of which may be before the Planning Commission. 39 40 F. Monroe County finds that entering into this Agreement furthers the purposes, goals, 41 objectives and policies of the Monroe County Comprehensive Plan which contains goals and 42 objectives, including but not limited to Policy 101.4.5, which seeks to encourage the 43 preservation of traditional working waterfront uses along with promoting recreational and 44 commercial working waterfront uses, as defined by 342.07, F.S. by permitting a mix of uses Page I of 13 1 on properties whose Future Land Use Map ("FLUM") designation is Mixed Use 2 Commercial (MC) and zoning district is Maritime Industries (MI). 3 4 G. Monroe County finds that entering into this Agreement implements Policy 101.20.2 by 5 encouraging the redevelopment of Safe Harbor as identified in the Stock Island/Key Haven 6 Livable Communikeys Master Plan Volume I and [I. 7 8 H. Monroe County finds that entering into this Agreement implements Goal 102 providing the 9 Monroe County shall direct future growth to lands which are intrinsically most suitable for 10 development and shall encourage conservation and protection of environmentally sensitive 11 lands. 12 13 1. Monroe County Code Section 138-22(2) allows for the transference of transient residential 14 ROGO exemptions (TREs) from sender sites in the Lower Keys ROGO subarea or the Big 15 Pine Key/No Name Key ROGO subareas to receiver sites in the Lower Keys ROGO subarea. 16 The receiver site/unit meets all of the following criteria: 1) The receiver site is located in the 17 same ROGO subarea as the sender site, with the exception that ROGO exemptions associated 18 with transient residential dwelling units may be transferred from the Big Pine and No Name 19 Key ROGO subarea to the Lower Keys ROGO subarea; 2) The receiver unit shall only be 20 constructed within a) a tier III designated area or b) a tier III-A (special protection area) 21 designated area where the development does not involve the clearing of any native habitat; 22 and 3) Receiver unit shall not be constructed within a velocity(V) zone. 23 24 J. SIMV property is generally described as follows: 25 26 1. SIMV owns that certain real property located at 700 and 7009 Shrimp Road, Stock 27 Island, Florida ("SIMV Property"). A copy of the Special Warranty Deed evidencing 28 SIMVs ownership is attached as Exhibit 1. Historically and currently the SIMV 29 Property was and is being used for water dependent uses. 30 31 2. The SIMV property complete legal description is provided in Exhibit 2. 32 33 3. As of the date of this Agreement, the SIMV Property is assessed by the Monroe County 34 Property Appraiser as real estate numbers 00123760-000200, 00123720-000100 and 35 00123720�-000200. 36 37 4. The SIMV Property currently has a Maritime Industries ("MI") Land Use (Zoning) 38 District designation and a corresponding Mixed Use Commercial ("MC") Future Land 39 Use Map designation. A copy of the Land Use District Map and Future Land Use Map 40: for the SIMV Property is attached as Exhibit 3. 41 42 S. The SIMV Property currently has a Tier Overlay District designation of Tier 111. 43 44 6. The SIMV Property consists of 44.124 acres, including 12.24 acres of upland and 31.884 45: acres of submerged land. 46 Page 2 of 13 1 7, Since September 15, 1986, marinas in the MI Land Use (Zoning) District require a major 2 conditional use permit. Since the SIMV Property was lawfully developed with a marina 3 prior to September 15, 1986, the SIMV Property is deemed to have a major conditional 4 use permit in accordance with Monroe County Code Section 10 1 4(c). 5 6 8, In 2012, SIMV applied for and was granted a minor deviation to its conditional use for 7 reconfiguring 173 of its existing 361 wet slips. The approval is memorialized by a letter 8 from the Planning&Environmental Resources Director Townsley Schwab dated July 10, 9 2012. A copy of the Minor Deviation approval is attached as Exhibit 4. 10 11 II. PURPOSE 12 13 A. The overall purpose of this Agreement is to allow the Parties to provide certainty in 14 development of the SIMV Property. 15 16 B. The Agreement allows the redevelopment of property located at 700 and 7009 Shrimp 17 Road, Stock Island, Florida, in compliance with all applicable provisions of Florida Statutes, 18 the Principles for Guiding Development in the Florida Keys Area of Critical State Concern, 19 the Monroe County Comprehensive Plan, the Master Plan for the Future Development of 20, Stock Island and Key Haven, and the Monroe County Code. 21 22 C. The Agreement allows the Parties to implement the provisions of Monroe County Code 23, Section 138-22(2) as applied to the Properties in order to allow for a reasonable use of the 24 SIMV Property by allowing the transference of market-rate transient residential TRE's 25 lawfully associated with Sender Site(s)to the Receiver Site. 26 27 D. SIMV desires to transfer up to and including one-hundred (100) transient TREs from sender 28 site(s) to the receiver site SIMV Property. 29 30 111. AGREEMENT REQUIREMENTS 31 32 A. Recitals. The recitals explaining the intent and purpose of the project as set forth in the 33 preceding clauses are incorporated herein and form a material part of this Agreement. The 34 Parties recognize the binding effect of Florida Statutes Sections 163.3220-163.3243, as to the 35 form and content of this Agreement and in accordance therewith set forth and agree to the 36 following. 37 38 B. Legal Description and Ownership. The legal descriptions for the Properties subject to this 39 Agreement are set forth in Exhibit 2. 40 41 C. Duration of Agreement. This Agreement shall remain in effect for ten (10): years from the 42 "Effective Date" as defined herein, and may be extended by mutual consent of the Parties 43 and approval at a public hearing, in accordance with Section 163.3229, Florida Statutes. For 44 the duration of this Agreement,the Parties agree that any development shall comply with and 45 be controlled by this Agreement, the Monroe County Code, and the Monroe County Page 3 of 13 I Comprehensive Plan governing the development of land in effect on the date of execution of 2 this Agreement, in accordance with Section 163.3220, Florida Statutes. 3 4 D. Permitted Uses. 5 6 1. SIMV, 700 and 7009 Shrimp Road, Stock Island: 7 8 a. The SIMV Property currently has a MI Land Use (Zoning) District designation and a 9 corresponding MC Future Land Use Map designation, 10 11 b. In accordance with this Agreement and with the MC Future Land Use Map category, 12 as set forth in Monroe County Comprehensive Plan Policy 101.4.5, the permitted uses 13 in the MC Future Land Use Map category include, but are not limited to, commercial 14 retail; office; maritime industry; commercial fishing; hotels; marinas, light industrial 15 and accessory uses,. 16 17 c. In accordance with this Agreement and with the MC Future Land Use Map category, 18 as set forth in Monroe County Comprehensive Plan Policy 101.4.5, the SIMV 19 Property shall maintain a minimum of 35% (or 4.28 acres) of the upland area of the 20 property for working waterfront and water dependent uses (excluding transient uses). 21 22 d. In accordance with this Agreement and with the MC Future Land Use Map category, 23 as set forth in Monroe County Comprehensive Plan Policy 101,4.5, the SIMV 24 Property shall maintain a minimum of 20% of the existing wet slips and 10% of any 25 future new wet slips for vessels involved with recreational and commercial working 26 waterfront uses. The dockage for recreational and commercial working waterfront 27 uses shall be documented on the final development plan and shall be a written 28 condition of any permit approval. 29 30 e. In accordance with this Agreement and with the MC Future Land Use Map category, 31 as set forth in Monroe County Comprehensive Plan Policy 101.4.,5, the SIMV 32 Property shall be limited to commercial retail uses of less than 5,000 square feet of 33 floor area. 34 35 f. In accordance with this Agreement and with the MI Land Use (Zoning) District, as 36 set forth in Monroe County Code Section 130-85, and in compliance with other 37 provisions of the Code, the permitted uses in the MI Land Use (Zoning) District 38 include, but are not limited to, commercial retail; office; light industrial; commercial 39 fishing; hotels; marinas and accessory uses. 40 41 g. The redevelopment of the SINN Property includes the addition of'up to one hundred 42 (100) hotel rooms, restaurants, a fish house retail and distribution operation, and other 43 improvements related to the existing marina and accessory development. Not 44 including, accessory structures related to the hotel use, the nonresidential intensity 45 shall not exceed 80,000 square feet. 46 Page 4 of 13 1 h. The height of any new structure associated with the redevelopment of the SIMV 2 Property shall not exceed 35 feet measured from grade, except for solar apparatus, 3 according to the Monroe County Code in effect at the execution of this Agreement. 4 Height is defined as "the vertical distance between grade and the highest part of any 5 structure, including mechanical equipment, but excluding chimneys; spires and/or 6 steeples on structures used for institutional and/or public uses only; radio and/or 7 television antenna, flagpoles; solar apparatus; utility poles and/or transmission 8 towers; and certain antenna supporting structures with attached antenna and/or 9 collocations as permitted in chapter 146. However, in no event shall any of the 10 exclusions enumerated in this section be construed to permit any habitable or usable 11 space to exceed the applicable height limitations," Monroe County Code defines 12 "Grade" as the highest natural elevation of the ground surface, prior to construction, 13 next to the proposed walls of a structure, or the crown or curb of the nearest road 14 directly adjacent to the structure, whichever is higher. For purposes of the SIMV 15 Property grade shall be determined based on the attached topographic survey attached 16 hereto as Exhibit 5. 17 18 E. Public Facilities. The impact on public facilities is nominal. The number of existing 19 transient residential dwelling units and non-residential intensity at SIMV were recognized in 20 the planning of the sewage treatment plant serving Stock Island. 21 22 1. The Florida Keys Aqueduct Authority provides domestic potable water to the SIMV 23 Property. Excluding existing development that may already be metered, the Florida Keys 24 Aqueduct Authority will master meter the hotel use. In addition, excluding existing 25 development that may already be metered, the Florida Keys Aqueduct Authority will 26 meter other types of development accordingly. 27 28 2. Keys Energy Services provides electric service to the SIMV Property. Excluding existing 29 development that may already be metered, Keys Energy Services will master meter the 30 hotel use. In addition, excluding existing development that may already be metered, Keys 31 Energy Services will meter other types of development accordingly. 32 33 3. Solid waste service is provided to each property by a solid waste collection system 34 franchised by Monroe County. 35 36 4. The SIMV Property is connected to central sewer via KW Resort Utilities Corp.'s 37 system. 38 39 F. Reservation or Dedication of Land. There is no reservation or dedication of land for public 40 purposes contemplated by this Agreement. 41 42 G. Development Allowed and Required. The following specific criteria are those which will 43 guide development of the Property, and are standards by which any further approvals shall be 44 measured and shall be as follows: 45 Page 5 of 13 1 a. The SIMV Property consists of 44.124 gross acres consisting of 12.24 acres of upland 2 and 31.884 acres of submerged land. 3 4 b. SIMV Property is permitted to transfer up to (100) transient TRE's from property(s) 5 located in the Lower Keys and Big Pine Key ROGO subareas. 6 7 c. Provided such development can be designed and approved by all applicable codes, 8 including but not limited to the Monroe County Code and Florida Building Code, 9 SIMV is permitted to develop the following buildings, facilities and structures on the 10 SIMV Property pursuant to this Agreement: 11 12 i. Up to one hundred (100) hotel rooms to be developed into a hotel. 13 14 ii. Additional amenities ancillary and accessory to the marina use, including two 15 restaurants and a pool bar with up to 300 seats and up to 7,000 square feet of floor 16 area. 17 18 iii. Additional amenities ancillary and accessory to the hotel use, including a lobby, 19 gatehouse, offices, fitness center, bath house, maintenance, and housekeeping 20 consisting of up to 10,000 square feet as depicted on plans submitted with this 21 Agreement, 22 23 iv. A marine services, retail, fish house retail and distribution building, boat barn 24 consisting of up to 40,000 square feet as depicted on plans submitted with this 25 Agreement. 26 27 v, Parking areas and landscaping 28 29 vi. Public access is permitted to the SIMV Property from 7:00 a.m. until dusk. 30 31 vii. Working waterfront and water dependent uses, such as marina, fish house/market, 32 boat repair, boat building, boat storage, or other similar uses but excluding 33 transient uses, shall be preserved by maintaining a minimum of 35% of the upland 34 area of the property for those uses. 35 36 (a) at least 20% of the existing wet slips shall be preserved for vessels involved 37 with recreational and commercial working waterfront uses, excluding live-aboard 38 vessels solely used as a residence and not for navigation. 39 (b) at least 10% of the new wet slips shall be preserved for vessels involved with 40 recreational and commercial working waterfront uses, excluding live-aboard 41 vessels solely used as a residence and not for navigation. 42 (c) the preservation of dockage for recreational and commercial working 43 waterfront uses shall be documented on the final development plan and shall be a 44 written condition of any permit approval, 45 (d) Permanent residential development shall be limited to commercial apartments 46 or employee housing. Page 6 of 13 I (e) The preservation of a public access walkway shall be required for all parcels 2 with direct access to the water. Consideration shall be given to security and the 3 physical constraints of the parcel. The public access walkway shall be 4 documented on the final development plan to link a continuous walkway and shall 5 be a written condition of any permit approval. 6 (f) Parcels shall be limited to commercial retail uses of less than 5,000 square feet 7 of floor area. 8 9 H. Site Plan Approval: Monroe County does hereby accept the conceptual site plan of the 10 SIMV Property, The conceptual site plan is attached as Exhibit 6, The development shall be 11 consistent with all applicable codes, including but not limited to the Monroe County 12 Comprehensive Plan and Monroe County Code. Following a review of compliance with such 13 codes, the final site plan must be approved by the Monroe County Planning Commission as 14 an amendment to the Property's major conditional use permit. The Planning,Commission has 15 final authority over the site plan and the site plan may be amended by the Planning 16 Commission. 17 18 1. Military Installation Area of Impact. SIMV acknowledges and understands the SIMV 19 Property is within the Military Installation Area of Impact Overlay as defined by the Monroe 20 County Comprehensive Plan. The SIMV Property is located in the 55 —59 and 60—64 DNL 21 (Day-Night Average Sound Level) noise contours pursuant to the 2013 Navy Final 22 Environmental Impact Statement, While not within a 65 DNL Noise Zone or greater, SIMV 23 agrees to sound attenuate all habitable buildings and shall strive to achieve an outdoor to 24 indoor Noise Level Reduction Level (NLR) of at least 25 decibels. Normal permanent 25 construction can be expected to provide a NLR of 20 dB. 26 27 J. Finding of Consistency. By entering into this Agreement, Monroe County finds that the 28 development permitted or proposed herein is consistent with the Monroe County 29 Comprehensive Plan and Monroe County Code. 30 31 K. Breach,Amendment, Enforcement, and Termination. 32 33 a. Material Breach: A material breach by the Parties is the failure of any Party to 34 comply with the terms of this Agreement after Notice as provided herein. 35 36 b. Notice: Upon any Party's material breach of the terms and conditions of this 37 Agreement, the non-breaching Party shall serve written Notice of the breach upon the 38 breaching Party pursuant to the procedure established in this Agreement and shall 39 provide the opportunity, within ninety (90) days of the date such Notice is served, to 40 propose a method of fulfilling the Agreement's terms and conditions or curing the 41 breach. The breaching Party shall be provided an additional ninety (90) days to cure 42 the material breach or to negotiate an amendment to this Agreement within a 43 reasonable time, as mutually agreed to by the Parties. This Agreement is not subject 44 to arbitration and must be amended in accordance with the statutory requirements. 45 Page 7 of 13 1 c. Amendment or Termination: The Parties hereto shall at all times adhere to the 2 terms and conditions of this Agreement. Amendment, termination, extension, or 3 revocation of this Agreement shall be made in accordance with the notification and 4 procedural requirements set forth herein. 5 6 i. Amendments to this Agreement shall subject Parties to the laws and policies in 7 effect at the time of the amendment only if the conditions of Section 163 323 3(2), 8 Florida Statutes, are met. 9 10 ii. No modifications, extensions, amendments, or alterations of the terms or 11 conditions contained herein shall be effective unless contained in a written 12 document approved and executed by the Parties. 13 14 iii. Amendment, extension or termination shall require at least two (2) public 15 hearings. The hearings shall be held pursuant to an application filed with Monroe 16 County by the Party seeking to amend or terminate this Agreement, along with the 17 requisite filing fee. Notice of public hearing shall be in accordance with Monroe 18 County Ordinances and Florida Statutes. 19 20 d. Enforcement: 21 22 i. After notice and an opportunity to respond and/or cure the material breach as 23 provided for below. Monroe County may utilize appropriate code compliance 24 remedies to cure any breach after, notice and an opportunity to cure as provided 25 herein. 26 27 ii. Monroe County, the other Parties, their successors or assigns, or any aggrieved or 28 any adversely affected person as defined in Section 163.3215(2), Florida Statutes, 29 may file an action for injunctive relief in the Circuit Court of Monroe County to 30 enforce the terms of this Agreement or to challenge compliance with the 31 provisions of Sections 163.3243, Florida Statutes, 32 33 iii. Nothing contained herein shall limit any other powers, rights, or remedies that 34 either party has, or may have in the future, to enforce the terms of this Agreement. 35 36 L. Binding Effect of Agreement. The covenants, agreements, and obligations herein contained, 37 except as herein otherwise specifically provided, shall extend to, bind and inure to the benefit 38 of the Parties hereto and their respective personal representatives, heirs, successors and 39 assigns. 40 41 M. State and Federal Law. If State or Federal laws enacted after the effective date of this 42 Agreement preclude either Party's compliance with the terms of this Agreement, this 43 agreement shall be modified as is necessary to comply with the relevant State or Federal 44 Laws. 45 Page 8 of 13 1 0. Compliance with Other Laws. The failure of this Agreement to address a particular permit, 2 condition, term, or restriction shall not relieve the Parties of the necessity of complying with 3 the laws governing said permitting requirements, conditions, terms or restrictions, 4 S P. Reservation of Rights. This Agreement shall not affect any rights, which may have accrued 6 to any party to this Agreement under applicable law, The Parties reserve any and all such 7' rights. All approvals referenced in this Agreement are subordinate to compliance with all 8 applicable laws, codes, and land development regulations and permits, except to the extent 91 otherwise provided for in this Agreement. 10 11 Q No Permit. This Agreement is not and shall not be construed as a Development Permit, 12 Development Approval or authorization to commence development, nor shall it relieve the 13 Parties other than Monroe County of the obligations to obtain necessary Development 14 Approvals that are required under applicable law and under and pursuant to the terms of this is Agreement and Monroe County Code. 16 17 R. Good Faith; Further Assurances; No Cost. The Parties to this Agreement have negotiated 18 in good faith. It is the intent and agreement of the Parties that they shall cooperate with each 19 other in good faith to effectuate the purposes and intent of, and to satisfy their obligations 20 under, this Agreement in order to secure themselves the mutual benefits created under this 21 Agreement. The Parties agree to execute such further documents as may be reasonably 22 necessary to effectuate the provisions of this Agreement; provided that the foregoing shall in 23 no way be deemed to inhibit, restrict or require the exercise of Monroe County's police 24 power or actions of Monroe County when acting in a quasi-judicial capacity. Wherever in 25 this Agreement a provision requires cooperation, good faith or similar effort to be undertaken 26 at no cost to a party, the, party co-operating, reviewing or undertaking the effort shall, 27 nonetheless, bear its cost of attendance at meetings, hearings, or proceedings and comment 28 and/or execution of documents, inclusive of the expense of its counsel. 29 30 S. Successors and Assigns. This Agreement shall constitute a covenant running with the land, 31 which shall be binding upon the Parties hereto, their successors in interest, heirs, assigns, and 32 personal representatives. 33 34 T. Joint Preparation. This Agreement has been drafted with the participation of the Parties 35 and their counsel, and shall not be construed against any party on account of draftsmanship. 36, The captions of each article, section and subsection contained in this Agreement are fore ease 37 of reference only and shall not affect the interpretational meaning of this Agreement. 38 Whenever the term "included" is used in this Agreement, it shall mean that the included 39 items, or terms are included without limitation as to any other items or terms, which may fall 40, within the listed category, 41 42 U. Notices. All notices, demands, requests or replies provided for or permitted by this 43 Agreement shall be in writing and may be delivered by any one of the following methods: (a) 44 by personal delivery; (b) by deposit with the United States Postal Service as Certified or 45 Registered mail, return receipt requested, postage prepaid, to the addresses stated below; or 46 (c) by deposit with an overnight express delivery service with proof of receipt to the Page 9 of 13 1 addresses stated below. Notice shall be deemed effective upon receipt. For purposes of 2 notice, demand, request, or replies: 3 4 The address of Monroe County shall be: 5 6 County Administrator 7 1100 Simonton Street 8 Room 2-205 9 Key West, Florida 33040 10 11 with a copy to 12 13 Robert Shillinger , Esq. 14 County Attorney 15 PO Box 1026 16 Key West, Florida 33041 17 and 18 1111 12 th Street, Suite 408 19 Key West, Florida 33040 20 21 The address of SIMV shall be: 22 23 C/O Matthew Strunk 24 7009 Shrimp Road 25 Key West, Florida 33040 26 27 And a copy to 28 29 Barton W. Smith, Esq. 30 Smith Oropeza, P.L. 31 138 - 142 Simonton Street 32 Key West, Florida 33040 33 34 It is the responsibility of the Parties to promptly notify all other Parties of any change in 35 name or address for receipt of notice, demand, request, or replies. 36 37 V. Force Majeure. Any prevention, delay or stoppage due to strikes, lockouts, labor disputes, 38 acts of God, inability to obtain labor or materials or reasonable substitutes therefore, riot, 39 civil commotion, fire or other casualty and other causes beyond the reasonable control of the 40 party obligated to perform, excluding the financial inability of such party to perform and 41 excluding delays resulting from appeals or rehearing, shall excuse the performance by such 42 party for a period equal to any such period of prevention, delay or stoppage. In order to avail 43 itself of this force majeure provision, the party invoking the same shall provide the other 44 party with a written notice that shall consist of a recitation of all events that constitute force 45 majeure events under this Section, together with the beginning and ending dates of such 46 events. Page 10 of 13 1 2 W. Construction. This Agreement shall be construed in accordance with the laws of the State of 3 Florida. The Parties to this Agreement have participated fully in the negotiation and 4 preparation hereof; and, accordingly, this Agreement shall not be more strictly construed 5 against any one of the Parties hereto. In construing this Agreement, the use of any gender 6 shall include every other and all genders, and captions and section and paragraph headings 7 shall be disregarded. All of the exhibits attached to this Agreement are incorporated in, and 8 made a part of, this Agreement. 9 10 X. Omission. The Parties hereto recognize and agree that the failure of this Agreement to 11 address a particular permit, condition, terms or restriction shall not relieve either Party of the 12 necessity of complying with the law governing said permitting requirements, conditions, 13 term, or restriction notwithstanding any such omission. 14 15 Y, Jurisdiction and Governing Law. The Parties hereto agree that any and all suits or actions 16 at law shall be brought in Monroe County, Florida and no other jurisdiction. This Agreement 17 shall be construed and interpreted under the laws of the State of Florida. This Agreement is 18 not subject to arbitration, 19 20 Z. Attorney's Fees and Costs. The Parties agree that in the event any cause of action or 21 administrative proceeding is initiated or defended by any patty relative to the enforcement or 22 interpretation of this Agreement, the prevailing party shall be entitled to reasonable 23 attorney's fees, court costs, as an award against the non-prevailing party, and shall include 24 attorney's fees, courts costs, in appellate proceedings. Mediation proceedings initiated and 25 conducted pursuant to: this Agreement shall be in accordance with the Florida Rules of Civil 26 Procedure and usual and customary procedures required by the circuit court of Monroe 27 County. 28 29 AA. Time of Essence. Time shall be of the essence for each and every provision of this 30 Agreement. 31 32 BB. Entire Agreement. This Agreement, together with the documents referenced herein, 33 constitute the entire agreement and understanding among the Parties with respect to the 34 subject matter hereof, and there are no other agreements, representations or warranties other 35 than as set forth herein. This Agreement may not be changed, altered or modified except by 36 an instrument in writing signed by the Party against whom enforcement of such change 37 would be sought and subject to the requirements for the amendment of development 38 agreements in the Act. 39 40� CC, Counterparts. This Agreement may be executed in one or more counterparts, and by 41 different Parties: hereto in separate counterparts, each of which when executed shall be 42 deemed to an original but all which taken together constitute one and the same agreement. 43 44 DD. Recording. Monroe County shall record this Agreement with the Clerk of the Circuit Court 45 of Monroe County within fourteen (14) days following signature by all Parties. SIMV agrees 46 that it shall be responsible for all recording fees and other related fees and costs related to the Page 11 of 13 I recording and delivery of this Agreement as described in this section. The provisions hereof 2 shall remain in full force and effect during the term provided herein and shall be binding 3 upon all successors in interest to the Parties to this Agreement. 4 5 EE. Conflicting Resolutions. All resolutions or parts thereof in conflict with the provisions of 6 this Agreement and its resolution are hereby repealed to the extent of such conflict. 7 8 FF. Severability. If any part of this Agreement is contrary to, prohibited by, or deemed invalid 9 under any applicable law or regulation, such provisions shall be inapplicable and deemed 10 omitted to the extent so contrary, prohibited, or invalid; however, the remainder of the 11 Agreement shall not be invalidated thereby and shall be given full force and effect as if the 12 contrary,prohibited, or invalid provision was never a part hereof 13 14 TV. Effective Date. The"Effective Date"of this Agreement is forty-five(45) days after the duly 15 signed and recorded Agreement is received by the Florida Department of Economic 16 Opportunity pursuant to Chapter 380, Florida Statutes, and if appealed, until the appealed is 17 resolved and if challenged until the challenge is resolved. 18 19 20 [Rest of page intentionally left blank, signature page to follow] 21 Page 12 of 13 1 2 IN WIINESS WHEREOF,the Parties hereto have set their hands and seals on the day and year 3 below written. 4 S Longstock 11,LLC 6 7 B 8 Donald Foss 9 10 Title: Manazer 11 12 Date: 13 14 The foregoing instrument was acknowledged before me on this day of 15 2014,by Donald Foss,the manager of Longstock 11, LLC. He is persoiiZ—yknown to me and did 16 not take an oath, 17 18 C2ffltLgf— Not Public 19 State of My commission expires 20 21 SEAL 22 23 24 25 26 27 ATTES - MY HEA JL[N V CLE 'OUNTY jBOARD OF . A RK 28 MONROE C COUNTY COMARSSIONERS 29 30 31 2EPUTY CLERK M&YOR K)NVIOE COUNTY ATTORNI- APPROVED AS TO FORM GRIME EY A881,,_A :,,C0UIITYATT0RNE'V' Page 13 of 13 Deco 1919016 01/04/2011 11:13AM Filed 6 Recorded in Official Records of MONROE COUNTY DANNY L, 1(OLNA(3E This Document Prepared By and Return To: Joe MiWas.Esq. 01/84/261t 11:13AM Joe MtWas,P.A. DEED DOC STAMP CL: RHONDA $112,000.00 P.O.Box 366 Isiamorada,FL 33036 Parcel ID Number: 9091103 et seq. Deco 181"16 SkO 2499 P$# 355 Special Warranty Deed This Indenture, made this it,day of December, 2010, between NEW STOCK ISLAND PROPERTIES, LLC, a Delaware limited liability company, authorized to do business in the State of Florida, having an address of 7009 Shrimp Road, Suite 2, Key West, Monroe County, Florida 33040, grantor and LONGSTOCK II, LLC, a Florida limited liability company, having an address of 7009 Shrimp Road, Suite 2, Key West, Monroe County, Florida 33040, grantee. WITNESSETH that the Grantor, for and in consideration of the sum of TEN ($10) DOLLARS and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee and Grantee's heirs, successors and assigns forever, the following described land, situate, lying and being in the County of Monroe, State of Florida, to wit: SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A" HERETO NOTE. This is an absolute conveys-nee of the title in consideration of the cancellation of the debt secured by the mortgage and is not intended to be an additional security. Together with all 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 grantor is lawfully seized of said land in fee simple; that grantor has good right and lawful authority to sell and convey said land; that grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under grantor. 11 Exhibit I Dee" 1819015 SkU 2409 PSM: 356 In Witness Whereof, the grantor has hereunto set its hand and seal the day and year first above written, Signed, sealed and delivered NEW STOCK ISLAND PROPERTIES, LLC, in our presence a Delaware limited liability company By: New Stock Island Properties 11, LLC, a Delaware limited liability company its Member 141 By: New Stock Island Properties III, LLC, Printed name: a Delaware limited liability company Witness its Member "Adul 6�xX By: EVA Realty, LLC, a Delaware limited P�rated name: jM6i,e- &—e liability company its Manager Witness BY: ja=� M;at e w S tx u Title STATE OF Cuo\In r COUNTY OF 1S The foregoing instrument was acknowledged before me this day of December, 2010, by Matthew Strunk, as AAm"d ky of EVA Realty, LLC, the Manager of New Stock Island III, LLC, a Delaware Limited liability company, the Member of New Stock Island Properties 11, LLC, a Delaware limited liability company, the Member of New Stock island Properties, LLC, a Delaware limited liability company, on behalf of said companies, who is personally known to me or who produced N� as identification. NotarMbfi I (Seal) t*v�' ion No._tatseo!�,0j!�Q2Z3j-jS- Commission Expires- (,244 JOW GERENA WraN put)tjc,State of Now YO* No 01GE6223275 auw&6iin Suffoll(Cou c*raiawon Zorea 6CW0"7'j'2"0-L4 Exhibit I Doc## 1819016 E UMZT A 6k## 2499 P911 357 PARCEL A: A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF FIFTH STREET AND THE SOUTHERLY LINE OF FIFTH AVENUE OF THE PLAT OF STOCK ISLAND, AS RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, BEAR SOUTH 84 DEGREES 02 MINUTES 07 SECONDS EAST; 484.79 FEET; THENCE BEAR SOUTH 05 DEGREES 39 MINUTES 55 SECONDS WEST, 938.76 FEET; THENCE BEAR SOUTH 08 DEGREES 09 MINUTES 05 SECONDS EAST 249.71 FEET; THENCE BEAR SOUTH 14 DEGREES 38 MINUTES 05 SECONDS EAST, 131.51 FEET; THENCE BEAR SOUTH 01 DEGREES 56 MINUTES 55 SECONDS WEST, 456.55 FEET TO THE POINT OF BEGINNING OF THE TRACT OF LAND AND SUBMERGED LANDS HEREIN AFTER DESCRIBED; FROM SAID POINT OF BEGINNING CONTINUE BEARING SOUTH 01 DEGREES 56 MINUTES 55 SECONDS WEST, 119.17FEET; THENCE BEAR SOUTH 05 DEGREES 54 MINUTES 55 SECONDS WEST, 186.69 FEET; THENCE BEAR SOUTH 84 DEGREES 05 MINUTES 05 SECONDS EAST, 175,00 FEET TO A POINT, THENCE BEAR NORTH 34 DEGREES 32 MINUTES 55 SECONDS EAST, 116.44 FEET TO A POINT; THENCE BEAR NORTH 89 DEGREES 27 MINUTES 55 SECONDS EAST, 915.36 FEET TO A POINT; THENCE BEAR NORTH 06 DEGREES 02 MINUTES 03 SECONDS WEST, 230.00 FEET, TO A POINT WHICH IS BEARING NORTH 89 DEGREES 27 MINUTES 55 SECONDS EAST FROM THE AFOREMENTIONED POINT OF BEGINNING; THENCE BEAR SOUTH 89 DEGREES 27 MINUTES 55 SECONDS WEST FOR A DISTANCE OF 1108.00 FEET BACK TO THE POINT OF BEGINNING. PARCEL B: A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF FIFTH STREET AND THE SOUTHERLY LINE OF FIFTH AVENUE OF THE PLAT OF STOCK ISLAND, AS RECORDED IN PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, BEAR SOUTH 83 DEGREES, 56 MINUTES EAST, 485.00 FEET; THENCE BEAR SOUTH 05 DEGREES, 47 MINUTES WEST, 938.88 FEET; THENCE BEAR SOUTH 08 DEGREES, 02 MINUTES EAST, 249.71 FEET"; THENCE BEAR SOUTH 14 DEGREES, 31 MINUTES EAST, 131.51 FEET; THENCE BEAR SOUTH 02 DEGREES, 04 MINUTES WEST„ 262.26 FEET TO THE POINT OF BEGINNING OF THE TRACT OF LAND AND SUBMERGED LAND HEREINAFTER DESCRIBED; THENCE SOUTH 84 DEGREES 19 MINUTES EAST, 140 FEET MORE OR LESS TO THE OUTSIDE FACE OF AN EXISTING CONCRETE SEAWALL; THENCE BEAR NORTH 88 DEGREES, 56 MINUTES EAST, 970 FEET, MORE OR LESS, OUT INTO AN EXISTING SLIP; THENCE BEAR SOUTH 05 DEGREES, 55 MINUTES WEST, 180 FEET, MORE OR LESS, TO THE CENTER LINE OF AN EXISTING SPIT OF LAND; THENCE BEAR SOUTH 89 DEGREES, 32 MINUTES WEST, ALONG SAID CENTER LINE OF SAID SPIT OF LAND 1108 FEET, MORE OR LESS, TO A POINT WHICH IS BEARING SOUTH 02 DEGREE'S, 04 MINUTES WEST FROM THE POINT OF BEGINNING; THENCE BEAR NORTH 02 DEGREES, 04 MINUTES EAST, 194.29 FEET BACK TO THE POINT OF BEGINNING. ALSO DESCRIBED AND INSURED AS: 3 Exhibit Dcc" 181.9036 Bk# 2499 Pq# 358 A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND MONROE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF FIFTH STREET AND THE SOUTHERLY LINE OF FIFTH AVENUE OF THE PLAT OF STOCK ISLAND, AS RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, BEAR SOUTH 84 DEGREES 02 MINUTES 07 SECONDS EAST 484.79 FEET; THENCE BEAR SOUTH 05 DEGREES 39 MINUTES 55 SECONDS WEST, 938.76 FEET; THENCE BEAR SOUTH 08 DEGREES 49 MINUTES 05 SECONDS EAST 249,71 FEET; THENCE HEAR SOUTH 14 DEGREES 38 MINUTES 05 SECONDS EAST 131.51 FEET; THENCE BEAR SOUTH 01 DEGREES 56 MINUTES 55 SECONDS WEST 262.26 FEET TO THE POINT OF BEGINNING OF THE TRACT OF LAND AND SUBMERGED LAND HEREINAFTER DESCRIBED; THENCE SOUTH 84 DEGREES 26 MINUTES 05 SECONDS EAST, 131,81 FEET TO THE OUTSIDE FACE OF AN EXISTING CONCRETE SEAWALL; THENCE BEAR NORTH 88 DEGREES 48 MINUTES 55 SECONDS EAST 977.77 FEET OUT INTO AN EXISTING SLIP; THENCE BEAR SOUTH 05 DEGREES 37 MINUTES 29 SECONDS WEST, 192.30 FEET TO THE CENTERLINE OF AN EXISTING SPIT OF LAND; THENCE BEAR SOUTH 89 DEGREES 27 MINUTES 55 SECONDS 'NEST, ALONG SAID CENTERLINE OF SAID SPIT OF LAND 1096.56 FEET TO A POINT WHICH IS BEARING SOUTH 01 DEGREES 56 MINUTES 55 SECONDS WEST FROM THE POINT OF BEGINNING; THENCE BEAR NORTH 01 DEGREES 56 MINUTES 55 SECONDS EAST, 194.29 FEET BACK TO POINT OF BEGINNING. PARCEL C: A TRACT OF LAND AND SUBMERGED LAND AT STOCK ISLAND, MONROE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF FIFTH STREET AND THE SOUTHERLY LINE OF FIFTH AVENUE OF THE PLAT OF STOCK ISLAND AS RECORDED IN PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, BEAR SOUTH 84° 02' 07" EAST, 484.79 FEET; THENCE BEAR SOUTH 05° 39' 55" WEST, 938.76 FEET; THENCE BEAR SOUTH 08° 09' 05" EAST, 249.71 FEET; THENCE BEAR SOUTH 14' 38' 05" EAST, 36.68 FEET TO THE POINT OF BEGINNING OF THE TRACT OF LAND AND SUBMERGED LANDS HEREINAFTER DESCRIBED; THENCE CONTINUE BEARING SOUTH 14° 38' 05" EAST, 94.83 FEET; THENCE BEAR SOUTH 010 56 55" WEST, 82.95 FEET; THENCE BEAR NORTH 89- 24' 55" EAST, 1120.76 FEET, OUT ONTO A SPIT OF LAND TO THE SHORELINE; THENCE BEAR NORTH 05°37'29" EAST, 161,06 FEET TO A POINT; THENCE BEAR SOUTH 89° 24' 55" WEST, 1000.60 FEET TO A POINT ON A CONCRETE SEAWALL, SAID POINT 13EARING SOUTH 856 13' 05" EAST FROM THE POINT OF BEGINNING; THENCE BEAR NORTH 85° 1.3' 05" WEST, 157.63 FEET TO THE POINT OF BEGINNING. PARCEL E: A PARCEL OF FILLED LAND AND ADJACENT BAY BOTTOM LYING SOUTHERLY OF BLOCK: 57, MALONEY'S SUBDIVISION OF A PART OF STOCK ISLAND, MONROE COUNTY, FLORIDA AS RECORDED IN PLAT BOOK 1 AT PAGE 55 OF MONROE COUNTY PUBLIC RECORDS AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE INTERSECTION OF THE EASTERLY LINE OF 5TH STREET (AS CONSTRUCTED) AND THE SOUTHERLY LINE OF 5TH AVENUE (AS CONSTRUCTED) GO EASTERLY ALONG THE SOUTHERLY LINE OF 5TH AVENUE A DISTANCE OF 500 FEET TO A POINT; THENCE SOUTHERLY AND AT RIGHT ANGLES A DISTANCE OF 730 FEET TO A POINT; THENCE EASTERLY AND AT RIGHT ANGLES A DISTANCE OF 191.5 FEET 4 Exhibit c DOCK 1619016 AkN 24SS Pg#t 359 TO A POINT WHICH IS THE POINT OF BEGINNING; THENCE CONTINUE EASTERLY ALONG THE PROLONGATION OF THE PREVIOUSLY DESCRIBED COURSE A DISTANCE OF 393.5 FEET TO A POINT; THENCE SOUTHERLY AND AT RIGHT ANGLES A DISTANCE OF 226,08 FEET TO A POINT;THENCE EASTERLY AND AT RIGHT ANGLES A DISTANCE OF 125 FEET TO A POINT; THENCE SOUTHERLY AND AT RIGHT ANGLES A DISTANCE OF 20 FEET TO A POINT IN AN EXISTING SEAWALL; THENCE WESTERLY AND PARALLEL WITH THE SOUTHERLY FACE OF SAID SEAWALL A DISTANCE OF 450.1 FEET TO A POINT; THENCE NORTHERLY AND AT RIGHT ANGLES TO A SOUTHERLY LINE OF FIFTH AVENUE A DISTANCE OF 30 FEET TO A POINT; THENCE WESTERLY AND AT RIGHT ANGLES A DISTANCE OF 68.5 FEET TO A POINT; THENCE NORTHERLY AND AT RIGHT ANGLES A DISTANCE OF 227.2 FEET BACK TO THE POINT OF BEGINNING. ALSO A PARCEL OF BAY BOTTOM SOUTHERLY OF AND ADJACENT TO THE SOUTHERLY LINE OF THE ABOVE DESCRIBED PARCEL, SAID BAY BOTTOM BEING 10 FEET WIDE. ALSO DESCRIBED AND INSURED AS: A PARCEL OF FILLED LAND AND ADJACENT BAY BOTTOM LYING SOUTHERLY OF BLOCK 57, MALONEY S SUBDIVISION OF A PART OF STOCK ISLAND, MONROE COUNTY, FLORIDA AS RECORDED IN PLAT BOOK I AT PAGE 55 OF MONROE COUNTY PUBLIC RECORDS AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF FIFTH STREET AND THE SOUTHERLY RIGHT-OF-WAY LINE OF FIFTH AVENUE, OF THE PLAT OF STOCK ISLAND, AS RECORDED IN PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF MONROE COUNTY, PLORIDA; THENCE S 84° 02' 07" E, ALONG SAID SOUTHERLY RIGHT-OF-WAY, A DISTANCE 499.98 FEET TO THE EASTERLY LINE OF AN EASEMENT AGREEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 780, PAGE 1169 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE S 05" 57' 53" W, ALONG SAID EASTERLY LINE, A DISTANCE 729,82 FEET TO THE SOUTHERLY LINE OF AN INGRESS/EGRESS EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 1239, PAGE 464 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE S 84' 02' 07" E, ALONG SAID SOUTHERLY LINE, A DISTANCE 191.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID SOUTHERLY LINE S 84'02'07" E, A DISTANCE OF 393,51; THENCE S 06' 00' 38" W, A DISTANCE OF 227.1.7 FEET; THENCE S 85' 29' 39" E, A DISTANCE OF 125.00 FEET; THENCE S 06" 01' 16" W, A DISTANCE OF 20.01 FEET TO THE SOUTHERLY FACE OF A CONCRETE SEAWALL; THENCE N 85' 29' 39" W, ALONG SAID SOUTHERLY LINE, A DISTANCE OF 450.10 FEET; THENCE N 06° 23` 31" E, A DISTANCE OF 30.00 FEET; THENCE N 85' 29' 39" W, A DISTANCE 68,50 FEET; THENCE N 05' 56' 58" E, A DISTANCE OF 227.20 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: A PARCEL OF BAY BOTTOM SOUTHERLY OF AND ADJACENT TO THE SOUTHERLY LINE OF THE ABOVE DESCRIBED PARCEL, SAID BAY BOTTOM BEING 10 FEET WIDE. TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER AND UPON THE FOLLOWING DESCRIBED PROPERTY, RECORDED IN OFFICIAL RECORDS BOOT{ 1239, PAGE 464, AND ALSO IN OFFICIAL RECORDS BOOK 2287, PAGE 719, PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, SITUATED, LYING AND BEING IN THE COUNTY OF MONROE. STATE OF FLORIDA, TO WIT: A PARCEL OF LAND LYING SOUTHERLY OF BLOCK 57, MALONEY'$ SUBDIVISION OF PART OF STOCK ISLAND, MONROE COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 1, AT PAGE 55, MONROE 5 Doc" 1819616 Bk# 2429 Pq# 360 COUNTY OFFICIAL RECORDS, AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE INTERSECTION OF THE EAST LINE OF 5TH STREET (AS CONSTRUCTED) AND THE SOUTHERLY LINE OF 5TH AVENUE (AS CONSTRUCTED) GO WESTERLY ALONG THE SOUTHERLY LINE OF STH AVENUE A DISTANCE OF 499 FEET TO A POINT, WHICH POINT IS THE POINT OF BEGINNING; THENCE 'SOUTHERLY AND AT RIGHT ANGLES A DISTANCE OF 701 FEET TO A POINT; THENCE EASTERLY AND AT RIGHT ANGLES A DISTANCE OF 586 FEET TO A POINT; THENCE SOUTHERLY AND AT RIGHT ANGLES A DISTANCE OF 29 FEET' TO A POINT; THENCE WESTERLY AND AT RIGHT ANGLES A DISTANCE OF 615 FEET TO A POINT; THENCE NORTHERLY AND AT RIGHT ANGLES A DISTANCE OF 730 FEET TO A POINT IN THE SOUTHERLY LINE OF 5TH AVENUE; THENCE EASTERLY AND AT RIGHT ANGLES AND ALONG THE SOUTHERLY LINE OF 5TH AVENUE A DISTANCE OF 29 FEET BACK TO THE POINT OF BEGINNING, SAID EASEMENT ALSO DESCRIBED AND INSURED AS: A PARCEL OF LAND LYING IN SECTION 35, TOWNSHIP 67 SOUTH, RANGE 25 EAST, MONROE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF BLOCK 57 OF 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; THENCE ALONG THE SOUTHERLY RIGHT- OF-WAY LINE OF FIFTH AVENUE SOUTH 84002*07" EAST, A DISTANCE OF 499.98 FEET TO THE WEST LINE OF TRUSTEE'S DEED N0.20083 AS RECORDED IN O.R. BOOK 0u65, PAGE 82; THENCE LEAVING SAID LINE SOUTH 05' 57' 53" WEST, ALONG SAID LINE A DISTANCE OF 699.82 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 84° 02' 07" EAST, PARALLEL WITH THE SOUTHERLY LINE OF SAID FIFTH AVENUE A DISTANCE OF 740.00 FEET; THENCE SOUTH 05° 57' 53" WEST, A DISTANCE OF 40.00 FEET; THENCE NORTH 84 02' 07" WEST, A DISTANCE OF 155.00 FEET; THENCE NORTH 05' 57' 53" EAST, A DISTANCE OF 10.00 FEET; THENCE NORTH 84° 02' 07" WEST, A DISTANCE OF 585.00 FEET TO THE WEST LINE OF SAID TRUSTEE'S DEED; THENCE NORTH 05' 57' 53" EAST, ALONG SAID LINE A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. PARCEL F. A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF FIFTH STREET AND THE SOUTHERLY LINE OF FIFTH AVENUE OF THE PLAT OF STOCK. ISLAND, AS RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC RECORDS OF MONROE COUNTY, BEAR SOUTH 83 DEGREES AND 56 MINUTES EAST, 485.00 FEET; THENCE BEAR SOUTH 05 DEGREES AND 47 MINUTES WEST, 938.88 FEET; THENCE BEAR SOUTH 08 DEGREES AND 02 MINUTES EAST, 249.71 FEET; THENCE BEAR SOUTH 14 DEGREES AND 31 MINUTES EAST, 1.31.51 FEET; THENCE SEAR SOUTH 02 DEGREES AND 04 MINUTES WEST, 82.95 FEET TO THE POINT OF BEGINNING OF THE TRACT OF LAND AND SUBMERGED LANDS HEREINAFTER DESCRIBED; THENCE CONTINUE BEARING SOUTH. 02 DEGREES AND 04 MINUTES WEST, 179.31 FEET; THENCE BEAR SOUTH 84 DEGREES AND 19 MINUTES EAST', 140.00 FEET, MORE OR LESS, TO THE OUTSIDE FACE OF AN EXISTING CONCRETE SEAWALL; THENCE BEAR NORTH 88 DEGREES AND 56 MINUTES EAST OUT INTO A SLIP'970 FEET, MORE OR LESS, TO A POINT; THENCE BEAR NORTH 05 DEGREES AND 55 MINUTES EAST, 150.00 FEET, MORE OR LESS, TO A POINT WHICH IS BEARING NORTH 89 DEGREES AND 32 MINUTES EAST FROM THE POINT OF BEGINNING; THENCE BEAR SOUTH 89 6 Doan x8lse�x Skq 2499 Pq# 361 DEGREES AND 32 MINUTES WEST, 1120.00 FEET, MORE OR LESS, BACK TO THE POINT OF BEGINNING. ALSO DESCRIBED AND INSURED AS: A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF FIFTH STREET AND THE SOUTHERLY LINE OF FIFTH AVENUE OF THE PLAT OF STOCK ISLAND, AS RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC RECORDS OF MONROE COUNTY, BEAR SOUTH 84 DEGREES 02 MINUTES 07 SECONDS EAST, 484.79 FEET; THENCE BEAR SOUTH 05 DEGREES 39 MINUTES 55 SECONDS WEST, 938.76 FEET; THENCE BEAR SOUTH 018 DEGREES 09 MINUTES 05 SECONDS EAST, 249.71 FEET; THENCE SOUTH 14 DEGREES 38 MINUTES 05 SECONDS EAST, 131.51 FEET;THENCE BEAR SOUTH 01 DEGREES 56 MINUTES 55 SECONDS WEST, 82.95 FEET TO THE POINT OF BEGINNING} OF THE TRACT OF LAND AND SUBMERGED LANDS HEREINAFTER DESCRIBED; THENCE CONTINUE BEARING SOUTH 01 DEGREES 56 MINUTES 55 SECONDS WEST, 179.31 FEET; THENCE BEAR: SOUTH 84 DEGREES 2'6 MINUTES 05 SECONDS EAST, 131.81 FEET TO THE OUTSIDE FACE OF AN EXISTING CONCRETE SEAWALL; THENCE BEAR NORTH 88 DEGREES 48 MINUTES 55 SECONDS EAST OUT INTO A SLIP, 977.77 FEET TO A POINT;THENCE BEAR NORTH 05 DEGREES 37 MINUTES 29 SECONDS EAST, 184.10 FEET TO A POINT WHICH IS BEARING NORTH 89 DEGREES 24 MINUTES 55 SECONDS EAST FROM THE POINT OF BEGINNING; THENCE BEAR SOUTH 89 DEGREES 24 MINUTES 55 SECONDS WEST, 1120.76 FEET BACK TO THE POINT OF BEGINNING. PARCEL G: A PARCEL OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY, FLORIDA. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF FIFTH STREET AND THE SOUTHERLY RIGHT-OF-'WAY LINE OF FIFTH AVENUE, OF THE PLAT OF STOCK ISLAND, AS RECORDED-IN PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE S 84' 02' 07" E ALONG THE SAID SOUTHERLY LINE OF FIFTH AVENUE FOR 484.98 FEET; THENCE S 05' 57' 53"W FOR A DISTANCE OF 938.76 FEET;THENCE S 08° 09' 05" E FOR A DISTANCE OF 109.75 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 08' 09' 05" E, A DISTANCE OF 139.96 FEET; THENCE S 14° 38' 05" E, A DISTANCE OF 32,68 FEET; THENCE S 850 13' 05" E, A DISTANCE OF 157.63 FEET; THENCE N 89' 24' 55" E, A DISTANCE OF 49.99 FEET; THENCE N 05° 12' 11" E, A DISTANCE OF 161.18 FEET; THENCE N 840 02' 55" W', A DISTANCE OF 252.15 FEET TO THE POINT OF BEGINNING, PARCEL H: A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF FIFTH STREET AND THE SOUTHERLY RIGHT-OF-WAY LINE OF FIFTH AVENUE, OF THE PLAT OF STOCK ISLAND, AS RECORDED 1N PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE SOUTH 84° 02' 07" EAST ALONG THE SAID SOUTHERLY LINE OF FIFTH AVENUE FOR 484.79 FEET; THENCE SOUTH 050 39' 55" WEST FOR A DISTANCE 938.76 FEET; THENCE SOUTH 08° 09' 05" EAST FOR A DISTANCE OF 42.15 FEET TO THE EASTERLY LINE OF A 30 FOOT EASEMENT AND THE EASTERLY RIGHT-OF-WAY LINE OF SHRIMP ROAD AS 7 Exhibit Doc" 1818018 Bk# 2499 Pon 362 RECORDED IN Q.R. BOOK 2030, PAGE 949 (PARCEL A TRACT 1), OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA AND THE POINT OF BEGINNING; THENCE LEAVING SAID LINE SOUTH 08'09"05" EAST, A DISTANCE OF 207.56 FEET; THENCE SOUTH 14'38'05" EAST, A DISTANCE OF 131.51 FEET; THENCE SOUTH 01' 56' 55" WEST, A DISTANCE OF 575.72 FEET; THENCE SOUTH 05' 54' 55" WEST, A DISTANCE OF 186.69 FEET; THENCE SOUTH 84' 05' 05" EAST, A DISTANCE OF 175.00 FEET; THENCE NORTH 34" 32' 55" EAST, A DISTANCE OF 116.44 FEET; THENCE NORTH 89' 27' 55" EAST, A DISTANCE OF 915.36 FEET; THENCE SOUTH 01' 07' 35" WEST, A DISTANCE OF$84.62 FEET; THENCE NORTH 84' 02' 07" WEST, A DISTANCE OF 30,84 FEET TO A MEAN HIGH WATER LINE; THENCE ALONG SAID MEAN HIGH WATER LINE THE FOLLOWING TWENTY SEVEN (27) COURSES: 1. NORTH 08' 33' 02" EAST, A DISTANCE OF 25.26 FEET; 2. NORTH 01'03' 10"WEST, A DISTANCE OF 36.70 FEET; 3. NORTH 16'11'45" WEST, A DISTANCE OF 18.64 FEET; 4. NORTH 01'20'32" WEST, A DISTANCE OF 27,71 FEET; 5. NORTH 05'48'23" EAST, A DISTANCE OF 27.11 FEET; 6. NORTH 07'24'12'* WEST, A DISTANCE OF 86.16 FEET; 7. NORTH 11' 54'19" EAST, A DISTANCE OF 34,64 FEET; 8. NORTH 09022'05" WEST, A DISTANCE OF 27.51 FEET; 9. NORTH 57' 40'41" WEST, A DISTANCE OF 4.94 FEET; 10. NORTH 84' 56' 08" WEST', A DISTANCE OF 14.50 FEET;.. 1I. NORTH 61'03'44" WEST, A DISTANCE OF 14.78 FEET; 12. SOUTH 85'47'17" WEST, A DISTANCE OF 117.62 FEET; 13. SOUTH 83'15'58" WEST, A DISTANCE OF 26.59 FEET; 14. NORTH 85" 01' 19" WEST, A DISTANCE OF 21.47 FEET; 15. SOUTH 80'37'1.7" WEST, A DISTANCE OF 8.06 FEET; 16. NORTH 75'44'52" WEST, A DISTANCE OF 1.1.67 FEET; 17, SOUTH 86' 09' 28" WEST, A DISTANCE OF 82.77 FEET'; 18, SOUTH 89' 59' 29" WEST, A DISTANCE OF 40.54 FEET; 19. NORTH 64026'30"WEST, A DISTANCE OF 6.15 FEET; 20. SOUTH 88'41'05"WEST, A DISTANCE OF 60.16 FEET; 21. SOUTH 79'29'50" WEST, A DISTANCE OF 36.47 FEET; 22, NORTH 88007'58" WEST, A DISTANCE OF 57.82 FEET; 23, NORTH 86' 26' 25" WEST, A DISTANCE OF 91.35 FEET; 24. SOUTH 88' 24' 02" WEST, A DISTANCE OF 97,85 FEET; 25. SOUTH 81939'19" WEST, A DISTANCE OF 76,27 FEET; 26. SOUTH' 86'43'16" WEST, A DISTANCE OF 75.93 FEET; 27. SOUTH 81' 33' 16" WEST, A DISTANCE OF 23.73 FEET; THENCE LEAVING SAID LINE SOUTH 07°52'54" WEST, A DISTANCE OF 138.68 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF SHRIMP ROAD PER QUIT CLAIM DEED RECORDED IN O.R. BOOK 2030, PAGE 949, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, THENCE ALONG THE NORTHERLY AND EASTERLY RIGHT-OF-WAY LINE OF SAID SHRIMP ROAD THE FOLLOWING THREE (3) COURSES AND DISTANCES: 1. NORTH 84' 02' 07" WEST, A DISTANCE OF 288.11 FEET TO A POINT OF CURVATURE; 2. NORTHWESTERLY ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 75,00 FEET, AN ARC LENGTH OF 115,28 FEET, A CENTRAL ANGLE OF 88' 03' 57% AND A CHORD BEARING AND DISTANCE OF NORTH 40600*08" WEST, 104.26 FEET; 3. NORTH 04"01'50" EAST, A DISTANCE OF 555.62 FEET TO THE NORTHERN TERMINUS OF PARCEL A TRACT 2 OF SAID QUIT CLAIM ON THE WEST LINE OF TRUSTEES DEED NO.20083 O.R,BOOK G-65, PAGE 82; THENCE NORTH 05'57'53" EAST, ALONG SAID LINE A DISTANCE OF 606.85 FEET TO THE POINT OF BEGINNING. AND ALSO: BAY BOTTOM A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF FIFTH STREET AND THE SOUTHERLY RIGHT-OF-WAY LINE OF FIFTH AVENUE, OF THE PLAT OF STOCK ISLAND, AS RECORDED IN PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE S. 84'02'07" E. ALONG THE SAID SOUTHERLY LINE OF FIFTH AVENUE FOR 499.98 FEET; THENCE S. 05'57'53" W. FOR A DISTANCE OF 2242.25 FEET; THENCE S.84002'07"E., A DISTANCE OF 1310.00 FEET,TO THE POINT'OF BEGINNING,THENCE CONTINUE S.84102'07"E., A DISTANCE OF 363.01 FEET TO THE CENTERLINE OF THE ENTRANCE OF THE 8 Exhibit 0004 1819016 BkN 2499 PgN 363 HARBOR; THENCE ri.08*15'27"W., A DISTANCE OF 959.38 FEET; THENCE S. 81*44'33" W., A DISTANCE OF 132.23 FEET; THENCE N. 05*47'25" W., A DISTANCE OF 658.21 FEET; THENCE N. 83*54'54" W., A DISTANCE OF 255.03 FEET TO THE WESTERLY PART OF THE BAY BOTTOM LINE; THENCE MEANDER THE SAID BAY BOTTOM LINE SOUTHERLY FOR A CHORD OF S.14"34',07' E., A DISTANCE OF 284.16 FEET; THENCE N. 85*29'39' W., A DISTANCE OF 310.00 FEET; THENCE S. 061101'16' W., A DISTANCE OF 10.00 FEET; THENCE N. 85029'39" W., A DISTANCE OF 450.16 FEET; THENCE S. 06"23'31" W., A DISTANCE OF 49.85 FEET; THENCE S. 84"02'55" E., A DISTANCE OF 9.27 FEET; THENCE S. 05'12'11" W., A DISTANCE OF 161,18 FEET; THENCE N. 88"24'55" E., A DISTANCE OF 950.61 FEET; THENCE S. 05*37'29" W., A DISTANCE OF 537,46 FEET; THENCE N. 89*27"55" E., A DISTANCE OF 11.44 FEET; THENCE S. 06002'03" &, A DISTANCE OF 230.00 FEET; THENCE S,01*07'35" W., A DISTANCE OF 384.62 FEET TO THE POINT OF BEGINNING. PARCEL 1. Intentionally Omitted (Leasehold/Option terminated effective 713112010) PARCEL.I: A PARCEL OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY OF FIFTH STREET AND THE SOUTHERLY RIGHT-OF-WAY LINE OF FIFTH AVENUE, OF THE PLAT OF STOCK ISLAND, AS RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE S 84* 02' 07* e ALONG THE SAID SOUTHERLY LINE OF FIFTH AVENUE FOR 499.98 FEET; THENCE S 05* 57'53*W FOR A DISTANCE OF 913,46 FEET TO THE POINT OF BEGINNING; THENCE S 84* 02'07" E, FOR A DISTANCE OF 191.55 FEET; THENCE S 05* 56' 58" W, A DISTANCE OF 43,56 FEET; THENCE S 860 29'40' E, A DISTANCE OF 68.50 FEET; THENCE S 06' 23'3 1'W, A DISTANCE OF 89.85 FEET; THENCE N 84' 02' 55" W, A DISTANCE OF 242.88 FEET; THENCE N 08* 09' 05' W, A DISTENCE OF 67.60 FEET; THENCE N 051 57' 53" E, A DISTANCE OF 66.17 FEET TO THE POINT OF BEGINNING. AS TO ALL PARCELS: TOGETHER WITH THOSE BENEFICIAL EASEMENTS RECORDED IN OFFICIAL RECORDS BOOK 780, PAGE 1169, PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PARCEL OF LAND ON STOCK ISLAND, MONROE COUNTY, FLORIDA, AND BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF 13LOCK 57 OF MCDONALD'S PLAT OF A PART OF STOCK ISLAND AS RECORDED IN PLAT BOOK I AT PAGE 55 OF PUBLIC RECORDS, OF MONROE COUNTY, FLORIDA AND RUN THENCE SOUTH 83 DEGREES, 56 MINUTES EAST ALONG THE NORTH BOUNDARY LINE OF SAID BLOCK 57 FOR A DISTANCE OF 470 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND BEING DESCRIBED HEREIN; THENCE RUN SOUTH 6 DEGREES 04 MINUTES WEST FOR A DISTANCE OF 1283.02 FEET; THENCE RUN SOUTH 41 DEGREES 58 MINUTES EAST FOR A DISTANCE OF 40.35 FEET TO THE SOUTHEAST CORNER OF TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NO. 24078 AND THE WEST BOUNDARY LINE OF TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE, STATE OF FLORIDA DEED NO. 20083; THENCE RUN SOUTH 6 DEGREES 04 MINUTES WEST ALONG THE WEST BOUNDARY LINE OF SAID TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NO. 20083 FOR A DISTANCE OF 932.25 FEET TO THE SOUTHWEST CORNER OF 9 Exhibit I Docn 1829016 Bk# 2499 PgA 364 SAID TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NO. 20083; THENCE RUN SOUTH 83 DEGREES 56 MINUTES EAST ALONG THE SOUTH BOUNDARY LINE OF SAID TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NO. 20083, THE SOUTH BOUNDARY LINE OF TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NO, 19837-A AND THE NORTH BOUNDARY LINE OF TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NO. 20793 FOR A DISTANCE OF 1116.72 FEET; THENCE RUN NORTH 6 DEGREES 04 MINUTES EAST FOR A DISTANCE OF 30 FEET;THENCE RUN NORTH 83 DEGREES 56 MINUTES WEST FOR A DISTANCE OF 1086.72 FEET; THENCE RUN NORTH 6 DEGREES 04 MINUTES EAST FOR A DISTANCE OF 915.62 FEET; THENCE RUN NORTH 41 DEGREES 58 .MINUTES WEST FOR A DISTANCE OF 40.35 FEET TO THE WEST BOUNDARY LINE OF SAID TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NO. 20083 AND THE EAST BOUNDARY LINE OF SAID TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NO. 24078; THENCE RUN NORTH 6 DEGREES 04 MINUTES EAST ALONG THE WEST BOUNDARY LINE OF SAID TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NO. 20083 AND THE EAST BOUNDARY LINE OF SAID TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NO, 24078, EXTENDED NORTHERLY, FOR A DISTANCE OF 1269.65 FEET TO THE NORTH BOUNDARY LINE OF SAID BLOCK 57;THENCE RUN NORTH 83 DEGREES 56 MINUTES WEST ALONG THE NORTH BOUNDARY LINE OF THE SAID BLOCK 57 FOR A DISTANCE OF 30 FEET BACK TO THE POINT OF BEGINNING. SAID EASEMENT ALSO DESCRIBED AND INSURED AS: A PARCEL OF LAND LYING IN SECTION 35, TOWNSHIP 67 SOUTH, RANGE 25 EAST, MONROE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE NORTHWEST CORNER OF BLOCK 57 OF MCDONALD'S PLAT OF A PART OF STOCK ISLAND AS RECORDED IN PLAT BOOK I, PAGE 55 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA;THENCE ALONG THE SOUTHERLY RIGHT- OF-WAY LINE OF FIFTH AVENUE SOUTH 84°02'07" EAST, A DISTANCE OF 469.98 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 84°02'07" EAST, A DISTANCE OF 30.00 FEET TO THE WEST LINE OF TRUSTEE'S DEED NO, 20083 AS RECORDED IN O.R. BOOK G-65, PAGE 82; THENCE ALONG SAID LINE SOUTH 05"57'53" WEST, A DISTANCE OF 1,268.45 FEET; THENCE LEAVING SAID LINE SOUTH 42°04'07" EAST, A DISTANCE OF 40.35 FEET; THENCE SOUTH 05"57'53" WEST, A DISTANCE OF 916,82 FEET; THENCE SOUTH 84°02'07" EAST, A DISTANCE OF 1,086,72 FEET; THENCE SOUTH OS-57'53" WEST, A DISTANCE OF 30.00 FEET TO THE SOUTH LINE OF TRUSTEE'S DEED NO. 20083 AS RECORDED IN OR BOOK 0-65, PAGE 82; THENCE ALONG SAID LINE NORTH 84002'07" WEST, A DISTANCE OF 1,116.72 FEET TO THE WEST LINE OF TRUSTEE'S DEED NO. 20083 AS RECORDED IN O.R. BOOK G-65, PAGE 82; THENCE ALONG Sold LINE NORTH 05°57'53" EAST, A DISTANCE OF 933.45 FEET; THENCE LEAVING Sold LINE NORTH 42°04'07" WEST, A DISTANCE OF 40.35 FEET; THENCE NORTH 05°5T53" EAST, A DISTANCE OF 1,281.82 FEET TO THE POINT OF BEGINNING. MONROETY OFFICIAL PUBLIC RECORO 10 Exhibit LEGAL DESCRIPTION Doan 1810016 F)UMrT A 8kU 2499 Pit 337 PARCEL A: A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF FIFTH STREET AND THE SOUTHERLY LINE OF FIFTH AVENUE OF THE FLAT OF STOCK ISLAND, AS RECORDED IN FLAT BOOK 1, PAGE 55 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, BEAR SOUTH 84 DEGREES 02 MINUTES 07 SECONDS EAST; 484.79 FEET; THENCE BEAR SOUTH fly DEGREES 39 MINUTES 55 SECONDS WEST, 938.76 FEET; THENCE BEAR SOUTH 08 DEGREES 09 MINUTES 05 SECONDS EAST 249.71 FEET; THENCE BEAR SOUTH 14 DEGREES 38 MINUTES 05 SECONDS EAST, 131.51 FEET; THENCE BEAR SOUTH 01 DEGREES 56 MINUTES 55 SECONDS WEST, 456.55 FEET TO THE POINT OF BEGINNING OF THE TRACT OF LAND AND SUBMERGED LANDS HEREIN AFTER DESCRIBED; FROM SAID POINT OF BEGINNING CONTINUE BEARING SOUTH 01 DEGREES 56 MINUTES 55 SECONDS WEST, 119.17FEET; THENCE BEAR SOUTH 05 DEGREES 54 MINUTES 55 SECONDS WEST, 186.69 FEET; THENCE BEAR SOUTH 84 DEGREES 05 MINUTES 05 SECONDS EAST, 175.00 FEET TO A POINT; THENCE BEAR NORTH 34 DEGREES 32 MINUTES 55 SECONDS EAST, 116,44 FEET TO A POINT; THENCE BEAR NORTH 89 DEGREES 27 MINUTES 55 SECONDS EAST, 915.36 FEET TO A POINT; THENCE BEAR NORTH 06 DEGREES 02 MINUTES 03 SECONDS WEST, 230.00 FEET, TO A POINT WHICH IS BEARING NORTH 89 DEGREES 27 MINUTES 55 SECONDS EAST FROM THE AFOREMENTIONED POINT OF BEGINNING; THENCE BEAR SOUTH 89 DEGREES 27 MINUTES 55 SECONDS WEST FOR A DISTANCE OF 1.108.00 FEET BACK TO THE POINT OF BEGINNING. PARCEL B: A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF FIFTH STREET AND THE SOUTHERLY LINE OF FIFTH AVENUE OF THE PLAT OF STOCK ISLAND, AS RECORDED IN PLAT BOOK. 1„ PAGE 55, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, BEAR SOUTH 83 DEGREES, 56 MINUTES EAST, 485.00 FEET; THENCE DEAR SOUTH 05 DEGREES, 47 MINUTES WEST, 938.88 FEET; THENCE BEAR SOUTH 08 DEGREES, 02 MINUTES EAST, 249,71 FEET; THENCE BEAR SOUTH 14 DEGREES, 31 MINUTES EAST, 131.51 FEET; THENCE BEAR SOUTH 02 DEGREES, 04 MINUTES WEST, 262,26 FEET TO THE POINT OF BEGINNING OF THE TRACT OF LAND AND SUBMERGED LAND HEREINAFTER DESCRIBED; THENCE SOUTH 84 DEGREES 19 MINUTES EAST, 140 FEET MORE OR LESS TO THE OUTSIDE FACE OF AN EXISTING CONCRETE SEAWALL;THENCE BEAR NORTH 88 DEGREES, 56 MINUTES EAST, 970 FEET, MORE OR LESS, OUT INTO AN EXISTING SLIP; THENCE BEAR SOUTH 05 DEGREES, 55 MINUTES WEST, 180 FEET, MORE OR LESS, TO THE CENTER LINE OF AN EXISTING SPIT OF LAND; THENCE BEAR SOUTH 89 DEGREES, 32 MINUTES WEST, ALONG SAID CENTER LINE OF SAID SPIT OF LAND 1108 FEET, MORE OR LESS, TO A POINT WHICH IS BEARING SOUTH 02 DEGREES, 04 MINUTES WEST FROM THE POINT OF BEGINNINGS; THENCE BEAR NORTH 02 DEGREES, 04 MINUTES EAST, 194.29 FEET BACK TO THE POINT OF BEGINNING, ALSO DESCRIBED AND INSURED AS: Exhibit 2 LEGAL DESCRIPTION coca 18119016 9kiS 24" P90 336 A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND MONROE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF FIFTH STREET AND THE SOUTHERLY LINE OF FIFTH AVENUE OF THE PLAT OF STOCK ISLAND, AS RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, BEAR. SOUTH 84 DEGREES 02 MINUTES 07 SECONDS EAST 484.79 FEET; THENCE BEAR SOUTH 05 DEGREES 39 MINUTES 55 SECONDS WEST, 938,76 FEET; THENCE BEAR SOUTH 08 DEGREES 09 MINUTES 05 SECONDS EAST 249,71 FEET; THENCE BEAR SOUTH 14 DEGREES 38 MINUTES 05 SECONDS EAST 131.51 FEET; THENCE BEAR SOUTH 01 DEGREES 56 MINUTES 55 SECONDS WEST 262.26 FEET TO THE POINT OF BEGINNING OF THE TRACT OF LAND AND SUBMERGED LAND HEREINAFTER DESCRIBED; THENCE SOUTH 84 DEGREES 26 MINUTES 05 SECONDS EAST, 131.81 FEET TO THE OUTSIDE FACE OF AN EXISTING CONCRETE SEAWALL;THENCE BEAR NORTH 88 DEGREES 48 MINUTES 55 SECONDS EAST 977.77 FEET OUT INTO AN EXISTING SLIP; THENCE BEAR SOUTH 05 DEGREES 37 MINUTES 29 SECONDS WEST, 192,30 FEET TO THE CENTERLINE OF AN EXISTING SPIT OF LAND; THENCE BEAR SOUTH 89 DEGREES 27 MINUTES 55 SECONDS WEST, ALONG SAID CENTERLINE OF SAID SPIT OF LAND 1096.56 FEET TO A POINT WHICH IS BEARING SOUTH 01 DEGREES 56 MINUTES 55 SECONDS WEST FROM THE POINT OF BEGINNING; THENCE BEAR NORTH 01 DEGREES 56 MINUTES 55 SECONDS EAST, 194.29 FEET BACK TO POINT OF BEGINNING. PARCEL C: A TRACT OF LAND AND SUBMERGED LAND AT STOCK ISLAND, MONROE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF FIFTH STREET AND THE SOUTHERLY LINE OF FIFTH AVENUE OF THE PLAT OF STOCK ISLAND AS RECORDED IN PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, BEAR SOUTH 84" 02' 07" EAST, 484.79 FEET; THENCE BEAR SOUTH 05° 39' 55" WEST, 938.76 FEET; THENCE BEAR SOUTH 08" 09' 05" EAST, 249.71 FEET; THENCE BEAR SOUTH 140 38' 05" EAST, 36.68 FEET TO THE POINT OF BEGINNING OF THE TRACT OF LAND AND SUBMERGED LANDS HEREINAFTER DESCRIBED; THENCE CONTINUE BEARING SOUTH 14° 38' 05" EAST, 94.83 FEET; THENCE BEAR SOUTH 01" 56' 55" WEST, 82.95 FEET; THENCE BEAR NORTH 89" 24' 55" EAST, 1120.76 FEET, OUT ONTO A SPIT OF LAND TO THE SHORELINE; THENCE BEAR NORTH 05°37'24" EAST, 161.06 FEET TO A POINT; THENCE BEAR SOUTH 89" 24' 55" WEST', 1000.60 FEET TO A POINT ON A CONCRETE SEAWALL, SAID POINT BEARING SOUTH 85" 13' 05" EAST" FROM THE POINT OF BEGINNING; THENCE BEAR NORTH 85" 13' 05" WEST, 157.63 FEET TO THE POINT OF BEGINNING. PARCEL E: A PARCEL OF FILLED LAND AND ADJACENT BAY BOTTOM LYING SOUTHERLY OF BLOCK 57, MALONEY'S SUBDIVISION OF A PART OF STOCK ISLAND, MONROE COUNTY, FLORIDA AS RECORDED IN PLAT BOOK I AT PAGE 55 OF MONROE COUNTY PUBLIC RECORDS AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE INTERSECTION OF THE EASTERLY LINE OF 5TH STREET (AS CONSTRUCTED) AND THE SOUTHERLY LINE OF 5TH AVENUE (AS CONSTRUCTED) GO EASTERLY ALONG THE SOUTHERLY LINE OF 5TH AVENUE A DISTANCE OF 500 FEET TO A POINT; THENCE SOUTHERLY AND AT RIGHT ANGLES A DISTANCE OF 730 FEET TO A POINT; THENCE EASTERLY AND AT RIGHT ANGLES A DISTANCE OF 191.5 FEET 4 LEGAL DESCRIPTION uou 1819016 9kO 2499 P9# 359 TO A POINT WHICH IS THE POINT OF BEGINNING; THENCE CONTINUE EASTERLY ADDNG THE PROLONGATION OF THE PREVIOUSLY DESCRIBED COURSE A DISTANCE OF 393.5 FEET TO A POINT; THENCE SOUTHERLY AND AT RIGHT ANGLES A DISTANCE OF 226.08 FEET TO A POINT; THENCE EASTERLY AND AT RIGHT ANGLES A DISTANCE OF 125 FEET TO A POINT; THENCE SOUTHERLY AND AT RIGHT ANGLES A DISTANCE OF 20 FEET TO A POINT IN AN EXISTING SEAWALL; THENCE WESTERLY AND PARALLEL WITH THE SOUTHERLY FACE OF SAID SEAWALL A DISTANCE OF 450.1 FEET TO A POINT; THENCE NORTHERLY AND AT RIGHT ANGLES TO A SOUTHERLY LINE OF FIFTH AVENUE A DISTANCE OF' 30 FEET TO A POINT; THENCE WESTERLY AND AT RIGHT ANGLES A DISTANCE OF 68.5 FEET T01 A POINT; THENCE NORTHERLY AND AT RIGHT ANGLES A DISTANCE OF 227.2 FEET BACK TO THE POINT OF BEGINNING. ALSO A PARCEL OF BAY BOTTOM SOUTHERLY OF AND ADJACENT TO THE SOUTHERLY LINE OF THE ABOVE DESCRIBED PARCEL, SAID BAY BOTTOM BEING 10 FEET WIDE. ALSO DESCRIBED AND INSURED AS: A PARCEL OF FILLED LAND AND ADJACENT BAY BOTTOM LYING SOUTHERLY OF BLOCK 57, MALONEY'S SUBDIVISION OF A PART OF STOCK ISLAND, MONROE COUNTY, FLORIDA AS RECORDED IN PLAT BOOK 1 AT PAGE 55 OF MONROE COUNTY PUBLIC RECORDS AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF FIFTH STREET AND THE SOUTHERLY RIGHT-OF-WAY LINE OF FIFTH AVENUE, OF THE PLAT OF STOCK ISLAND, AS RECORDED IN PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE S 84' 02' 07" E, ALONG SAID SOUTHERLY RIGHT-OF-WAY, A DISTANCE 499.98 FEET TO THE EASTERLY LINE OF AN EASEMENT AGREEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 780, PAGE 1169 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA,THENCE S 059 57' 53" W, ALONG :SAID EASTERLY LINE, A DISTANCE 729.82 FEET TO THE SOUTHERLY LINE OF AN INGRESS/EGRESS EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 1239, PAGE 464 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, THENCE S 84° 02' 07" E, ALONG SAID SOUTHERLY LINE, A DISTANCE 191.50 FEET TO THE POINT OF BEGINNING;; THENCE CONTINUE ALONG SAID SOUTHERLY LINE S 84"02'07" E, A DISTANCE OF 393.51; THENCE S 06" 00' 38" W, A DISTANCE OF 227.17 FEET; THENCE S 85' 29' 39" E, A DISTANCE OF 125.00 FEET; THENCE S 06' 01' 16" W, A DISTANCE OF 20.01 FEET TO THE SOUTHERLY FACE OF A CONCRETE SEAWALL; THENCE N 85" 29' 39" W, ALONG SAID SOUTHERLY LINE, A DISTANCE OF 450.10 FEET; THENCE N 06" 23' 31" E, A DISTANCE OF 30.00 FEET; THENCE N 85' 29' 39" W, A DISTANCE 68,50 FEET; 'THENCE N 05" 56' 58" E, A DISTANCE OF 227,20 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: A PARCEL OF SAY BOTTOM SOUTHERLY OF AND ADJACENT TO THE SOUTHERLY LINE OF THE ABOVE DESCRIBED PARCEL, SAID BAY BOTTOM BEING 10 FEET WIDE. TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER AND UPON THE FOLLOWING DESCRIBED PROPERTY, RECORDED IN OFFICIAL RECORDS BOOK 1239, PAGE 464, AND ALSO IN OFFICIAL RECORDS BOOK 2287, PAGE 719, PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, SITUATED, LYING AND BEING IN THE COUNTY OF MONROE, STATE OF FLORIDA, TO WIT; A PARCEL OF LAND LYING SOUTHERLY OF BLOCK 57, MALONEY'S SUBDIVISION OF PART OF STOCK ISLAND, MONROE COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 1, AT PAGE 55, MONROE Exhibit 2 LEGAL DESCRIPTION 8kq 2409 Pail 380 COUNTY OFFICIAL RECORDS, AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE INTERSECTION OF THE EAST LINE OF 5TH STREET (AS CONSTRUCTED) AND THE SOUTHERLY LINE OF 5TH AVENUE (AS CONSTRUCTED) GO WESTERLY ALONG THE SOUTHERLY LINE OF 5TH AVENUE A DISTANCE OF 499 FEET TO A POINT, WHICH POINT IS THE POINT OF BEGINNING; THENCE SOUTHERLY AND AT RIGHT ANGLES A DISTANCE OF 701 FEET TO A POINT; THENCE EASTERLY AND AT RIGHT ANGLES A DISTANCE OF 586 FEET TO A POINT; THENCE SOUTHERLY AND AT RIGHT ANGLES A DISTANCE OF 29 FEET TO A POINT; THENCE WESTERLY AND AT RIGHT ANGLES A DISTANCE OF 615 FEET TO A POINT; THENCE NORTHERLY AND AT RIGHT ANGLES A DISTANCE OF 730 FEET TO A POINT IN THE SOUTHERLY LINE OF 5TH AVENUE; THENCE EASTERLY AND AT RIGHT ANGLES AND ALONG THE SOUTHERLY LINE OF 5TH AVENUE A DISTANCE OF 29 FEET BACK TO THE POINT OF BEGINNING. SAID EASEMENT ALSO DESCRIBED AND INSURED AS: A PARCEL OF LAND LYING IN SECTION 35, TOWNSHIP 67 SOUTH, RANGE 25 EAST, MONROE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF BLOCK 57 OF 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; THENCE ALONG THE SOUTHERLY RIGHT- OF-WAY LINE OF FIFTH AVENUE SOUTH 84002'07" EAST, A DISTANCE OF 499.98 FEET TO THE WEST LINE OF TRUSTEE'S DEER N0.20083 AS RECORDED IN O.R. BOOK G-65, PAGE 82; THENCE LEAVING SAID LINE SOUTH 05' 57' 53" WEST, ALONG SAID LINE A DISTANCE OF 699.82 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 84° 02' 07" EAST, PARALLEL WITH THE SOUTHERLY LINE OF SAID FIFTH AVENUE A DISTANCE OF' 740.00 FEET; THENCE SOUTH 05° 57' 53" WEST, A DISTANCE OF 40.00 FEET; THENCE NORTH 94' 02' 07" WEST, A DISTANCE OF 155,00 FEET; THENCE NORTH 05° 57' 53" EAST, A DISTANCE OF 10.00 FEET; THENCE NORTH 84° 02' 07" WEST, A DISTANCE OF 585.00 FEET TO THE WEST LINE OF SAID TRUSTEE'S DEED; THENCE NORTH 05" 57' 53" EAST, ALONG SAID LINE A DISTANCE OF 30,00 FEET TO THE POINT OF BEGINNING. PARCEL F: A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF FIFTH STREET AND THE SOUTHERLY LINE OF FIFTH AVENUE OF THE PLAT OF STOCK ISLAND, AS RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC RECORDS OF MONROE COUNTY, BEAR SOUTH 83 DEGREES AND 56 MINUTES EAST, 485.00 FEET; THENCE BEAR SOUTH 05 DEGREES AND 47 MINUTES WEST, 938.88 FEET; THENCE BEAR SOUTH 08 DEGREES AND 02 MINUTES EAST, 249.71 FEET; THENCE BEAR SOUTH 14 DEGREES AND 31 MINUTES EAST, 131.51 FEET; THENCE BEAR SOUTH 02 DEGREES AND 04 MINUTES WEST, 82.95 FEET TO THE POINT OF BEGINNING OF THE TRACT OF LAND AND SUBMERGED LANDS HEREINAFTER DESCRIBED; THENCE CONTINUE BEARING SOUTH 02 DEGREES AND 04 MINUTES WEST, 179.31 FEET; THENCE BEAR SOUTH 84 DEGREES AND 19 MINUTES EAST, 140.00 FEET, MORE OR LESS, TO THE OUTSIDE FACE OF AN EXISTING CONCRETE SEAWALL; THENCE ,BEAR NORTH 88 DEGREES AND 56 MINUTES EAST OUT INTO A SLIP 970 FEET, MORE OR LESS, TO A POINT; THENCE BEAR NORTH 05 DEGREES AND 55 MINUTES EAST, 150.00 FEET, MORE OR LESS, TO A POINT WHICH IS BEADING NORTH 89' DEGREES AND 32 MINUTES EAST FROM THE POINT OF BEGINNING; THENCE BEAR SOUTH 89 6 LEGAL DESCRIPTION DocN ISIM16 Bko 2499 PNN 361 DEGREES AND 32 MINUTES WEST, 1120.00 FEET, MORE OR LESS, BACK TO THE POINT OF BEGINNING. ALSO DESCRIBED AND INSURED AS: A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY, FLORIDA AND BEING} MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF FIFTH STREET AND THE SOUTHERLY LINE OF FIFTH AVENUE OF THE PLAT OF STOCK ISLAND, AS RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC RECORDS OF MONROE COUNTY, BEAR SOUTH 84 DEGREES 02 MINUTES 07 SECONDS EAST, 484.79 FEET; THENCE BEAR SOUTH 05 DEGREES 39 MINUTES 55 SECONDS WEST, 938.76 FEET; THENCE BEAR SOUTH 08 DEGREES 09 MINUTES 05 SECONDS EAST, 249.71 FEET; THENCE SOUTH 14 DEGREES 38 MINUTES 05 SECONDS EAST, 131.51 FEET; THENCE BEAR SOUTH 01 DEGREES 56 MINUTES 55 SECONDS WEST, 82.95 FEET TO THE POINT OF BEGINNING OF THE TRACT OF LAND AND SUBMERGED LANDS HEREINAFTER DESCRIBED;.... THENCE CONTINUE BEARING SOUTH 01 DEGREES 56 MINUTES 55 SECONDS WEST, 179.31 FEET; THENCE BEAR SOUTH 84 DEGREES 26 MINUTES 05 SECONDS EAST, 131.81 FEET TO THE OUTSIDE FACE OF AN EXISTING CONCRETE SEAWALL; THENCE BEAR NORTH 88 DEGREES 48 MINUTES 55 SECONDS EAST OUT INTO A SLIP,977.77 FEET TO A POINT;THENCE BEAR NORTH Cis DEGREES 37 MINUTES 29 SECONDS EAST, 184.10 FEET TO A POINT WHICH IS BEARING NORTH 89 DEGREES 24 MINUTES 55 SECONDS EAST FROM THE POINT OF BEGINNING; THENCE BEAR SOUTH 89 DEGREES 24 MINUTES 55 SECONDS WEST, 1120.76 FEET BACK TO THE POINT OF BEGINNING. PARCEL G: A PARCEL OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF FIFTH STREET AND THE SOUTHERLY RIGHT-OF-WAY LINE OF FIFTH AVENUE, OF THE PLAT OF STOCK ISLAND, AS RECORDED-IN PLAT BOOK 1, FACE 55, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE S 84° 02' 07" E ALONG THE SAID SOUTHERLY LINE OF FIFTH AVENUE FOR 484.98 FEET; THENCE S 05° 57' 53"W FOR A DISTANCE OF 938.76 FEET;THENCE S 080 09" 05" E FOR A DISTANCE OF 109.75 FEET TO THE POINT OF BEGINNING; T14ENCE CONTINUE S 08° 09' 05' E, A DISTANCE OF 139,96 FEET; THENCE S 14° 38' 05''' E, A DISTANCE OF 32.68 FEET; THENCE S 850 13' 05" E, A DISTANCE OF 157.63 FEET; THENCE N 89" 24' 55" E, A DISTANCE OF 49.99, FEET; THENCE N 050 12' 11" E, A DISTANCE OF 161.18 FEET; THENCE N 849 02' 55" W, A DISTANCE OF 2S2,15 FEET TO THE POINT OF BEGINNING. PARCEL H: A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF FIFTH STREET AND THE SOUTHERLY RIGHT-OF-WAY LINE OF FIFTH AVENUE, OF THE PLAT OF STOCK ISLAND, AS RECORDED IN PLAT BOOK 1, PAGE 55„ OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE SOUTH 844 02' 07"' EAST ALONG THE SAID SOUTHERLY LIME OF FIFTH AVENUE FOR 484.79 FEET; THENCE SOUTH 050 39' $5" WEST FOR A DISTANCE 938.76 FEET; THENCE SOUTH 08° 09' 05" EAST FOR A DISTANCE OF 42.15 FEET TO THE EASTERLY LINE OF A 30 FOOT EASEMENT AND THE EASTERLY RIGHT-OF-WAY LINE OF SHRIMP ROAD AS 7 LEGAL DESCRIPTION 0000 18190i8 BkN 2499 NO 362 RECORDED IN O.R. BOOK 2030, PAGE 949 (PARCEL A TRACT 1), OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA AND THE POINT OF BEGINNING; THENCE LEAVING SAID LINE SOUTH 08'09'05" EAST, A DISTANCE OF 207.56 FEET; THENCE SOUTH 14638'05" EAST, A DISTANCE OF 131.51 FEET; THENCE SOUTH 01° 56` 55" WEST, A DISTANCE OF 575.72 FEET; THENCE SOUTH 05' 54' 55" WEST, A DISTANCE OF 186.69 FEET; THENCE SOUTH 84' 05' 05" EAST, A DISTANCE OF 175.00 FEET; THENCE NORTH 340 32' 55" EAST, A DISTANCE OF 116.44 FEET; THENCE NORTH 89' 27' 55" EAST, A DISTANCE OF 915.36 FEET; THENCE SOUTH 01' 07' 35" WEST, A DISTANCE OF 384.62 FEET;THENCE NORTH 840 02' 07" WEST, A DISTANCE OF 30.84 FEET TO A MEAN HIGH WATER LINE; THENCE ALONG SAID MEAN HIGH WATER LINE THE FOLLOWING TWENTY SEVEN (27) COURSES: 1. NORTH 08' 33' 02" EAST, A DISTANCE OF 25.26 FEET; 2. NORTH 01*03' 10" WEST, A DISTANCE OF 36.70 FEET; 3. NORTH 16411'45" WEST, A DISTANCE OF 18.64 FEET; 4. NORTH 01'20'32" WEST, A DISTANCE OF 27.71 FEET; S. NORTH 05'4823" EAST, A DISTANCE OF 27.11 FEET; 6. NORTH 07°2412" WEST, A [DISTANCE OF 86.16 FEET, 7. NORTH 11' 54-19" EAST, A DISTANCE OF 34.64 FEET; 8. NORTH 09022'05" WEST, A DISTANCE OF 27.51 FEET; 9. NORTH 57° 4041" WEST, A DISTANCE OF 4,94 FEET; 10. NORTH 84' 56' 08" WEST, A DISTANCE OF 14.50 FEET; 11. NORTH 61903'44" WEST, A DISTANCE OF 14.78 FEET; 12. SOUTH 85'47`17" WEST, A DISTANCE OF 117.62 FEET; 13. SOUTH 83'15'58" WEST, A DISTANCE OF 26.59 FEET; 14. NORTH 85' 01' 19" WEST, A DISTANCE OF 21.47 FEET; 15. SOUTH 80'37'17" WEST, A DISTANCE OF 8.06 FEET; 16. NORTH 75"44'52" WEST, A DISTANCE OF 11.67 FEET; 17, SOUTH 86' 09' 28" WEST, A DISTANCE OF 82.77 FEET; 18. SOUTH 89' 59' 29" WEST, A DISTANCE OF 40.54 FEET; 19. NORTH 64'26'30" WEST, A DISTANCE OF 6,15 FEET; 20. SOUTH 88*41'05" WEST, A DISTANCE OF 60.16 FEET; 21, SOUTH 79129'50" WEST, A DISTANCE OF 36.47 FEET; 22. NORTH 88"07'58" WEST, A DISTANCE OF 57.82 FEET; 23. NORTH 86' 26' 25°" WEST, A DISTANCE OF 91.35 FEET; 24. SOUTH 88" 24' 02" WEST, A DISTANCE OF 97.85 FEET; 25. SOUTH 81'39'19" WEST, A DISTANCE OF 76.27 FEET; 26. SOUTH 86°43'16" WEST, A DISTANCE OF 75.93 FEET; 27. SOUTH 81' 33' 16" WEST, A DISTANCE OF 23.73 FEET; THENCE LEAVING, SAID LINE SOUTH 07852'54" WEST, A DISTANCE OF 138.68 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF SHRIMP ROAD PER QUIT CLAIM DEED RECORDED IN O.R, BOOK 2030, PAGE 949, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA;THENCE ALONG THE NORTHERLY AND EASTERLY RIGHT-OF-WAY LINE OF SAID SHRIMP ROAD THE FOLLOWING THREE (3) COURSES AND DISTANCES: 1. NORTH 84' 02' 07" WEST, A DISTANCE OF 288.11 FEET TO A POINT OF CURVATURE; 2. NORTHWESTERLY ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 75.00 FEET, AN ARC LENGTH OF 115.28 FEET, A CENTRAL ANGLE OF 88' 03" 57", AND A CHORD BEARING AND DISTANCE OF NORTH 40000'08" WEST, 104.26 FEET; 3. NORTH 04901'50" EAST, A DISTANCE OF 555.62 FEET TO THE NORTHERN TERMINUS OF PARCEL A TRACT 2 OF SAID QUIT CLAIM ON THE WEST LINE OF TRUSTEES DEED NO.20083 O.R.BOOK G-65, PAGE 82; THENCE NORTH 05*57"53" EAST, ALONG SAID LINE A DISTANCE OF 606.85 FEET TO THE POINT OF BEGINNING. AND ALSO: BAY BOTTOM A TRACT OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF FIFTH STREET AND THE SOUTHERLY RIGHT-OF-WAY LINE OF FIFTH AVENUE, OF THE PLAT OF STOCK ISLAND, AS RECORDED IN PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE S. 84'02'07" E. ALONG THE SAID SOUTHERLY LINE OF FIFTH AVENUE FOR 499.98 FEET; THENCE S. 05'57'53" W. FOR A DISTANCE OF 2242.25 FEET; THENCE S.84002'07"E., A DISTANCE OF 1310.00 FEET,TO THE POINT OF BEGINNING;THENCE CONTINUE 5.84'02'07"E., A DISTANCE OF 363.01 FEET TO THE CENTERLINE OF THE ENTRANCE OF THE 8 LEGAL DESCRIPTION Doen 181901!16 Sku 24" Pqu 363 HARBOR; THENCE N.08*15'27'W., A DISTANCE OF 959.38 FEET; THENCE S. 81'44'33" W., A DISTANCE OF 132.23 FEET; THENCE N. 05*4725" W,, A DISTANCE OF 658.21 FEET; THENCE N. 83*54'54" W., A DISTANCE OF 255,0$ FEET TO THE WESTERLY PART OF THE BAY BOTTOM LINE; THENCE MEANDER THE SAID BAY BOTTOM LINE SOUTHERLY FOR A CHORD OF S,14-34',07' E., A DISTANCE OF 284.16 FEET; THENCE N. 85 0'29'39" W., A DISTANCE OF 310.00 FEET; THENCE S. 06'0 1'16" W., A DISTANCE OF 10.00 FEET; THENCE N. 851129'39' W., A DISTANCE OF 450.16 FEET; THENCE S. 06*23"31" W., A DISTANCE OF 49.85 FEET; THENCE S. 84,,02'55" E., A DISTANCE OF 9.27 FEET; THENCE S. 05'12'11" W., A DISTANCE OF 161.18 FEET; THENCE N. 88024"55" E., A DISTANCE OF 950,61 FEET, THENCE S, 05-37-29- W., A DISTANCE OF 537,46 FEET; THENCE N. 89*27'55' F,,, A DISTANCE OF 11.44 FEET; THENCE S. 06002"03' E., A DISTANCE OF 230.00 FEET; THENCE S.01"07'35"' W., A DISTANCE OF 384.62 FEET TO THE POINT OF BEGINNING. PARCEL 1: LntentionaUy Omitted (Leasehold/Option terminated effective 713112010) PARCEL J: A PARCEL OF LAND AND SUBMERGED LANDS AT STOCK ISLAND, MONROE COUNTY FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OP-WAY OF FIFTH STREET AND THE SOUTHERLY RIGHT-OF-WAY LINE OF FIFTH AVENUE, OF THE PLAT OF STOCK ISLAND, AS RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE 8 84' 02' 07* e ALONG THE SAID SOUTHERLY LINE OF FIFTH AVENUE FOR 499.98 FEET; THENCE S 05" 57' 53"W FOR A DISTANCE OF 913.46 FEET TO THE POINT OF BEGINNING; THENCE 8 84* 02' 07' E, FOR A DISTANCE OF 191.55 FEET; THENCE S 05* 56' 58' W, A DISTANCE OF 43.56 FEET, THENCE S 85* 29'40" E, A DISTANCE OF 68.50 FEET; THENCE S 06' 23'31" W, A DISTANCE OF 89.85 FEET; THENCE N 84* 02' 55" W. A DISTANCE OF 242.88 FEET; THENCE N 080 09' 05' W, A DlSTENCE OF 67.60 FEET; THENCE N 05* 57' 53" E, A DISTANCE OF 66,17 FEET TO THE POINT OF BEGINNING. AS TO ALL PARCELS: TOGETHER WITH THOSE BENEFICIAL EASEMENTS RECORDED IN OFFICIAL RECORDS BOOK 780, PACE 1169, PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PARCEL OF LAND ON STOCK ISLAND, MONROE COUNTY, FLORIDA, AND BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF BLOCK 57 OF MCDONALD'S PLAT OF A PART OF STOCK ISLAND AS RECORDED IN PLAT BOOK I AT PAGE 55 OF PUBLIC RECORDS, OF MONROE COUNTY, FLORIDA AND RUN THENCE SOUTH 83 DEGREES, 56 MINUTES EAST ALONG THE NORTH BOUNDARY LINE OF SAID BLOCK 57 FOR A DISTANCE OF 470 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND BEING DESCRIBED HEREIN; THENCE RUN SOUTH 6 DEGREES 04 MINUTES WEST FOR A DISTANCE OF 1283.02 FEET; THENCE RUN SOUTH 41 DEGREES 58 MINUTES EAST FOR A DISTANCE OF 40.35 FEET TO THE SOUTHEAST CORNER OF TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NO, 24078 AND THE WEST BOUNDARY LINE OF TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NO. 20083; THENCE RUN SOUTH 6 DEGREES 04 MINUTES WEST ALONG THE WEST BOUNDARY LINE OF SAID TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NO, 20083 FOR A DISTANCE OF 932.25 FEET TO THE SOUTHWEST CORNER OF 9 Exhibit 2 LEGAL DESCRIPTION Doan 1819018 UO 2499 Post 364 SAID TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NO. 20083; THENCE RUN SOUT14 83 DEGREES 56 MINUTES EAST ALONG THE SOUTH BOUNDARY LINE OF SAID TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NO. 20083, THE SOUTH BOUNDARY LINE OF TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NO. 19837-A AND THE NORTH BOUNDARY LINE OF TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NO. 20793 FOR A DISTANCE OF 1116.72 FEET; THENCE RUN NORTH 6 DEGREES 04 MINUTES EAST FOR A DISTANCE OF 30 FEET; THENCE RUN NORTH 83 DEGREES 56 MINUTES WEST FOR. A DISTANCE OF 1086.72 FEET; THENCE RUN NORTH 6 DEGREES 04 MINUTES EAST FOR A DISTANCE OF 915.62 FEET, THENCE RUN NORTH 41 DEGREES 58 MINUTES WEST FOR A DISTANCE OF 40.35 FEET TO THE WEST BOUNDARY LINE OF SAID TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NO. 20083 AND THE EAST BOUNDARY LINE OF SAID TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NO. 24078; THENCE RUN NORTH 6 DEGREES 04 MINUTES EAST ALONG THE WEST BOUNDARY LINE OF SAID TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NO. 20083 AND THE EAST BOUNDARY LINE OF SAID TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA DEED NO. 24078, EXTENDED NORTHERLY, FOR A DISTANCE OF 1269.65 FEET TO THE NORTH BOUNDARY LINE OF SAID BLOCK 57;THENCE RUN NORTH 83 DEGREES 56 MINUTES WEST ALONG THE NORTH BOUNDARY LINE OF THE SAID BLOCK 57 FOR A DISTANCE OF 30 FEET BACK TO THE POINT OF BEGINNING. SAID EASEMENT ALSO DESCRIBED AND INSURED AS. A PARCEL OF LAND LYING IN SECTION 35, TOWNSHIP 67 SOUTH, RANGE 25 EAST, MONROE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF BLOCK 57 OF MCDONALD'S PLAT OF A FART OF STOCK ISLAND AS RECORDED IN PLAT BOOK I, PACE 55 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE ALONG THE SOUTHERLY RIGHT- OF-WAY LINE OF FIFTH AVENUE SOUTH 84002'07" EAST, A DISTANCE OF 469.98 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 84'02'07" EAST, A DISTANCE OF 30.00 FEET TO THE WEST LINE OF TRUSTEE'S DEED NO, 20083 AS RECORDED IN O.R. BOOK G-65, PAGE 82; THENCE ALONG SAID LINE SOUTH 05957'53" 'WEST, A DISTANCE OF 1,268.45 FEET; THENCE LEAVING SAID LINE SOUTH 42004'07" EAST, A DISTANCE OF 40.35 FEET; THENCE SOUTH 05°57'53" WEST, A DISTANCE OF 916.82 FEET; THENCE SOUTH 84'02'07" EAST, A DISTANCE OF 1,086.72 FEET; THENCE SOUTH 05'57'53" WEST, A DISTANCE OF 30.00 FEET TO THE SOUTH LINE OF TRUSTEE'S DEED NO. 20083 AS RECORDED IN OR BOOK 0-65, PAGE 82; THENCE ALONG SAID LINE NORTH 84'02'07" WEST, A DISTANCE OF I j 16.72 FEET TO THE WEST LINE OF TRUSTEE'S DEED NO. 20083 AS RECORDED IN O.R. BOOK G-65, PAGE 82; THENCE ALONG Sold LINE NORTH 05'57'53" EAST, A DISTANCE OF 933.45 FEET; THENCE LEAVING Sold LINE NORTH 42'04'07' WEST, A DISTANCE OF 40.35 FEET; THENCE NORTH 05'ST53" EAST, A DISTANCE OF 1,281.82 FEET TO THE POINT OF BEGINNINGI. MONROE COUNTY OFFICIAL PUBLIC RECORD 10 Exhibit W> CXXD C" I x» An G --� A� ��--** °' p � M too NIN ty" club, I I`u '..t ■ 4�Y t "f a yw� + 1t r kY'wxGJ& u�'. y WIN I��^�. �a Yu l i� � ,�` ..ti� r�"•,'ffi ,��, kd a ,red u ?.ova„so mpr w j °j4N W Y f Ar 4� �4 Y I Th�m�`W4ww rmd �,. w. MEW lop l n \� All Iy n! f 2 3 4 5 6 ORDINANCE NO. 045-2013 7 9 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY 10 COMMISSIONERS AMENDING THE FUTURE LAND USE MAP (FLUM) 11 DESIGNATION FROM INDUSTRIAL (I) TO MIXED USE COMMERCIAL (MC) 12 FOR EIGHTEEN PARCELS OF LAND ON STOCK ISLAND, HAVING REAL 13 ESTATE NUMBERS 00123660-000000, 00123720-000400, 00123760-000200, 14 00123720-000100, 0012,3720-000200, 00123730-000100, 00123740-000000, 00123770- 15 000000, OOI27290-000000, 00127380-000000, 00127250-000000, 00127280-000000, 16 00123600-000100, 00123600-000102, 00123600-000101, 00123590-000000, 00123570- 17 000000, and 00123540-000000, LOCATED ON SOUTH STOCK ISLAND; 18 PROVIDING FOR SEVERABILITY, PROVIDING FOR THE REPEAL OF 19 INCONSISTENT PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE 20 STATE LAND PLANNING AGENCY; PROVIDING .FOR THE FILING WITH 21 THE SECRETARY OF STATE AND FOR AN EFFECTIVE DATE, AND 22 PROVIDING FOR THE INCLUSION IN THE MONROE COUNTY 2010 23 COMPREHENSIVE PLAN. 24 25 26 27 WHEREAS, Longstocp 11, LLC, submitted an application amending, Monroe County 28 2010 Comprehensive Plan Policies 101.4.5 and 101.4.21 to amend the Mixed Use/Commercial 29 (MC) Future Land Use Map Category description and assign the Maritime Industries (MI) 30 Zoning District to the MC category; amend the maximum net density range and the maximum 31 intensity range for the Mixed Use/Commercial (MC) Future Land Use Flap Category and to 2 clarify the footnotes within the table;and 33 34 WHEREAS, on February 13, 2012, the BOCC voted to transmit the amendment, with 35 the staffs added recommended provisions to preserve and enhance warping waterfront while 36 allowing moderate redevelopment of other uses,to the State Land Planning Agency; and 37 38 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an 39 Objections, Recommendations and Comments (ORC) Report on May 4, 2012, which did not 0 identify any issues with the proposed amendment; and 41 42 WHEREAS, at a public hearing on September 21, 2012, the BOCC adopted the text 43 amendment, amending the MC Future Laud Use Map Category description and assigning the MI 44 Zoning District to the MC category(Ordinance 032-2012); and 45 46 �: It 1 Exhibit 3 � t I WHEREAS, the MC Future Land Use Map category now includes provisions to 2 preserve and promote recreational and commercial working waterfront uses on all lands 3 designated with the Maritime Industries (MI) land use district within the MC category; and 4 5 WHEREAS, 18 properties on South Stock Island formed the Safe Harbor Marina 6 Property Owners Association, Inc.,and submitted an application for a Future Land Use Map 7 amendment from from Industrial (1)to Mixed Use/Commercial (MC); and 8 9 WHEREAS, the Monroe County Development Review Committee considered the 10 proposed amendment at a regularly scheduled meeting held on the 25th day of September, 2012; 11 and 12 13 WHEREAS,, the Monroe County Planning Commission held a public hearing on the 14" 14 day of November, 2012, for review and recommendation on the proposed Future Land Use Map 15 amendment; and 16 17 WHEREAS, the Monroe County Planning Commission made the following findings of 18 fact and conclusions of law: 19 20 1. On September 21, 2012, the BOCC adopted an amendment to Policies 101.4.5 and 21 101.4.21 to amend the Mixed Use/Commercial (MC) Future Land Use Map Category 22 description and assign the Maritime Industries(MI) Zoning District to the MC category. 23 24 2, The BOCC also adopted provisions to further preserve and enhance working waterfront 25 uses within the MC Future Land L)se Map Category. 26 27 3. The 18 subject parcels are designated as Tier 111, classified as developed land, and are not 28 designated as habitat for any protected species. 29 30, 4. The definition of the term recreational and commercial working waterfront, pursuant to 31 Section 342.07, F.S., means "a parcel or parcels of real properly that provide access for 32 water-dependent commercial activities, including hotels and motels as defined in s. 33 509.242(l), or provide access for the public to the navigable waters of the state. 34 Recreational and commercial working waterfronts require direct access to or a location 35 on, over, or adjacent to a navigable body of water. The term includes water-dependent 36 facilities that are open to the public and offtr public access by vessels to the waters Qf the 37 state or that are support facilities for recreational, commercial, research, or 38 governmental vessels. These facilities include public lodging establishments, docks, 39 wharfs, Iffis, wet and dry marinas, boat ramps, boat hauling and repair facilities, 40 commercial,fishing facilities, boat construction facilities, and other support structures 41 over the water. As used in this[statute] section, the term "vessel"has the same meaning 42 as in s. 327.02(39). Seaports are,=Iudcdfrom the definition. 43 44 5, The proposed amendment is internally consistent with the Monroe County 45 Comprehensive Plan. 46 2 Exhibit 3 1 6. The proposed amendment is consistent with the Principles for Guiding Development for 2 the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida Statutes. 3 4 WHEREAS, the Monroe County Planning Commission passed Resolution No. P54-12 5 recommending transmittal of the proposed amendment; and 6 7 WHEREAS, at a special meeting held on the 18th day of April, 2013, the Monroe 8 County Board of County Commissioners held a public hearing and approved Resolution No. 9 133-2013 to transmit the proposed amendment to the State Land Planning Agency; and 10 11 WHEREAS, the proposed Comprehensive Plan amendment to amend the Future Land 12 Use Map was reviewed by the State Land Planning Agency which issued an Objections, 13 Recommendations, and Comments (ORC) Report on July 2, 2013. The ORC report stated that 14 "the NAS-KW states that the Navy is utilizing the 2007 AICUZ and that the more recent 15 Environmental Impact Statement (EIS) noise contours are in draft ,form and therefore not 16 acceptable at this time. The recent EIS study depicts the parcel as being within a lower noise 17 contour, one in which the transient development would be acceptable with noise attenuation and 18 landscaped berm on the outside of the property. For the reasons cited above, the Department 19 objects to the proposal because the change will exacerbate the incompatibility issues that 20 already exist. The proposed change is also inconsistent with the Principles for Guiding 21 Development that require that proposed amendments must be consistent with protection of the 22 value of public investments in the Florida Keys, including Naval Air Station-Key West;" and 23 24 WHEREAS,the ORC report also included a recommendation for addressing the objection: 25 "The applicant may consider delaying adoption of the proposed amendment until the 2012 EIS 26 DNL Alop is adopted by the militaiy, and proidde noise attenuation and outside landscaped berms, 27 as requested by the Department of the Navy;"and 28 29 WHEREAS, in response to the ORC Report, the County did wait until the Navy's Record 30 of Decision for the Final Environmental Impact Statement for Naval Air Station Key West Airfield 31 Operations, which was issued on October 31, 2013, and includes new noise contours which no 32 longer include the subject properties of this PLUM amendment within the 65 DNL (Day-Night 33 Average noise). 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 36 COMMISSIONERS OF MONROE COUNTY, FLORIDA- 37 38 Section 1. The Future Land Use Map (FLUM) for the Year 2010 Comprehensive Plan is 39 hereby amended by changing the PLUM designation from Industrial (1) to Mixed 40 Use Commercial (MC) for eighteen parcels of land on Stock Island, having Real 41 Estate Numbers 00123660-000000, 00123720-000400, 00123760-000200, 42 00123720-000100, 00123720-000200, 00123730-000100, 00123740-000000, 43 00123770-000000, 00127290-000000, 00127380-000000, 00127250-000000, 44 00127280-000000, 00123600-000100, 00123600-000102, 00123600-000101, 45 00123590-000000, 00123570-000000, and 00123540-000000; located on South 3 Exhibit 3 Stock Island, as shown on Exhibit 1, which is attached hereto and incorporated 2 herein. 3 4 Section 2. SeverabiliLy, If any section, subsection, sentence, clause, item, change, or 5 provision of this ordinance is held invalid, the remainder of this ordinance shall 6 not be affected by such validity. 7 8 Section 3. Repeal of Inconsistent Provisions. All ordinances or pads of ordinances in 9 conflict with this ordinance are hereby repealed to the extent of said conflict. 10 I I Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to I') the State Land Planning Agency pursuant to Chapter 163 and 380, Florida 13 Statutes. '14 15 Section S. Filing ,and Effective Date. This ordinance shall be filed in the Office of the 16 Secretary of the State of Florida but shall not become effective until a notice is 17 issued by the State Land Planning Agency or Administration Commission finding 18 the amendment in compliance with Chapter 163, Florida Statutes, and after any 19 applicable challenges,have been resolved. 20 21 Section 6. Inclusion in the Conigrehensive Plan. The Future Land Use Map amendment 22 shall be incorporated in the Future Land Use Map of the Monroe County Year 23 2010 Comprehensive Plan. 24 25 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 26 Florida, at a special meeting held on the 11 rh day of Dec. , 2013, 27 28 Mayor Sylvia Murphy Yes 29 Mayor Pro Tern Tunny Dann Kolbage Yes 30 Commissioner Heather Carruthers Yes 31 Commissioner David Rice Yes 32 Commissioner George Neugent Yes 33 '-0 34 BOARD OF COUNTY COMMISSIONERS 35 OF MONROE COUNTYIiWRIDA 362 37 BY �4A 38 ...... Mayor Sylvia Murphy 9P U 81' t r YH-AVILIN, LER 4 "1 4 FLER TORNEY AT APPROVE As TO FO 45 ——----- -- -------------- 46 DEPUTY CLERK . 111 , '4 '21EJY�N '!�ToCOUN'TY ATTO' ASS1 STAN�'�6u 4 Exhibit 3 w f Exhibit 1 to Ordinance# 045 -2013 � 4 �... ;t i, 7 r � r I �., i Mixed CCommercialMC)i � � r The Monroe County Future Land Use Map t � I b rr1 1 I } t f. y a�a { r 1 l 1 m, z II r I is amended as indicated above. Proposal,Future Land Use rhange of eighteen parcels of land on Stock Island,having real estate numbers 00123660-000000,0012372 00,00123760 000200,0011 372"00100D 0 1 3720.000 00,00123730-000100„ 00123740.000000,001 377 00000,00127290-000000,00127380-000000 00127250-000000,00127280 00000, 0012360 00100.0012380 00102,00123600-000101 001235 0-000000,00123570-000000, and 00 1 23540-0 0 0000,located on south Stock Island:from Industrial(I)to Mired Usel o mercial(MC). ........ .,.,a.�m�,,,w,,,�, all a A A R Im k 4 WIN a r yR a P k A q A � tq tRalw '. x q R i ,A A, ( V loll ry o w a a Ax Wa � �x L J 0 ia OIL �olvn ------------------ d a , W , g q m i d ®trtn try,n...e •emeffi IDIRb g ,a m i"o—..W e'W.WlsO. s.W�WB WWWW 0 s'e a86W5 etr.W i rr� ,��®.�� yi�BW2 low DO DO W . r �r N r Y �' ro 1 County of Monroe Growth Management Division Planning&Environmental rtesour es •'` r Board of County Commissioners Department Mayor David Rice,Dist.4 2798 Overseas Highway,S►site 410 Mayor Pro Tern Kim'Wigingtor� Dist. i Marathon,FL 33050 Heather Carruthers,Dist.3 Voice: (305)289-2500 George Neugent,Dist.2 FAX (305)289-2536 Sylvial.Murphy,Dist.5 We striae to be caring,professional and fair July 10,2012 Barton Smith, P.L. 624 Whitehead Street Key West,FL 33040 Subject: Minor!deviation to a Major Conditional Use Permit(Deemed) Stock Island Marina Village, 70�09 Shrimp Read, Stack Island, Real Estate #00123720.000100,#00123720,000200 and#001.23760.000200 (File 42011-090) Mr. Smith, The Planning & Environmental Resources Department has approved your request for a minor deviation to the major conditional use permit for the above referenced site, The minor deviation was required in order to alloy the reconfiguration of 173 of the site's 361 boat slips as shown on a site plan by Weiler Engineering Corporation (WC) dated April 19, 2012. The Department has determined that the application complies with the requirements and standards set forth in the Monroe County Code. The following conditions apply L Any additional revisions to the site plan or future improvements to the property are subject to further review as a minor deviation or as an amendment to the major conditional use permit approval. 2. While staff recognizes the lawful existence of the 361 boat slips to be reconfigured,this approval does not recognize all of the other existing land uses on the site as lawful. The Planning& Environmental Resources Department is concurrently reviewing this matter. This approval does not condone or approve the unlawful land use and the property owner is subject to possible code compliance prosecution if the unlawful uses are not permitted or terminated. 3. A Monroe County building permit(s) is also required for the scope of work. The Monroe County Office of the Fire Marshal and the Monroe County Building Department have not reviewed this application. The applicant shall meet any additional requirements required by the Fire Marshal and the Building Department. 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. iRespectful! , Townsle ch ab, Senior Director of Planning&Environmental Resources Page t of I rueff Am m mu All RAW ! A s a '. ah�iMOMM r . � 6 dig m V null UM aIllsl.=psi TWO Build ka � N R 9 8 �p r a IN °s' s ri x ' a ."f ly c c d.��(j r�O�Wd Rdi' _ w w� °a"a °�� ° kwd a F �a l � � � s ��b✓��..A r��C�Y�,. g4n �w "" •� �,�""" "��e^rsry�wu �." � ��I �,�i or Gn2 ,. . too" Ism Inn ggginmi r 49 � yy a' lot N"s � �w k�� @nGL �� y "qp M I 1 p0�1- �Aw6aea m5w'&PraWlte" u a� k URN",1ac �ra� �'Ig Mu m9i¢es@aa R..9ra a d� n % NUNN MR 1 1 toga a' .k k Ia �s PHI HP put ij r" oil rw lot Igo $ Y u � �n 19 pII p a g q � 5 � yr i �u d' y�? ��, 7 U'7 � y c¢.w4I � CIVO cdddU.N :; *s va,ONYPG VYqd mer S ro a 111Fm 1154 `, I —e r 4 yy M r I � $ po r it D � , -- r C m, N "WAI w IN NI� M for 101............... xkFR1uv a Y ^ ra # yy ISLAND MARINA Y�L�ryC ��NTACRDA I10/ . q.. .. � � l7iyi r arrmJ MEMORANDUM ONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCEs DEPARTMENT To: Monroe County Board of County Commissioners Tbrough: Christine Hurley, AICP, Director of Growth Management Townsley Schwab, Senior Director of Planning& Environmental Resources From: Joseph Haberman, AlCP, Planning& Development Review Manager Date: June 18, 2014 Subject: Request for a Development Agreement between Monroe County, Florida and Longstock A LLC, concerning Stock Island Marina ]pillage, 700 and 7009 Shrimp Road, Stock Island, approximate mile marker S, having real estate numbers 00123720.000100, 00123 720.000200 and 00123 7 0.000200 (File #2014-026) -Meeting.- May 2 , 014 1REQUEST: 3 The requested agreement relates to the redevelopment of an existing mixed use marina, to include cornmercial retail, office, commercial fishing, light industrial and hotel uses. The 5 residential density would not exceed 100 transient residential units. Not including accessory 6 structures related to residential uses, the nonresidential floor area would not exceed 80,000 7 S .New residential or nonresidential buildings shall not exceed 35' in height. 10 11 12 y 13 14 15 16 17 18 1 2 21 22 23 24 25 6 27 8 Subject Property with Land Use District Overlaid (Aerial dated 2012) Page 1 of 1 In addition to the application for a development agreement, the applicant submitted an 2 application for an amendment to a major conditional use permit for the associated 3 redevelopment of the subject property. This separate application, which will be reviewed by 4 the Planning Commission at a later date, is required in order for the property owner to 5 redevelop the existing marina by improving the marina's facilities, constructing the new 6 hotel with 100 transient residential units, constructing a new restaurant, constructing a new 7 fish house (retail and distribution), constructing a new distillery and carrying out associated 8 site improvements. 9 19 Location: 12 Address: 700 and 7009 Shrimp Road, Stock Island, approximate mile marker 5 (Atlantic 13 4 Ocean side of US 1) 15 Legal Description: Parcels of land in Section 35, Township 67 South, Range 25 East, 16 Stock Island, Monroe County, Florida(legal description in metes and bounds is provided R in the application file) 18 Real Estate (RE)Numbers: 00 123720,000100, 00123720.000200 and 00 123760.000200 21 (Note: The aforementioned numbers are the current numbers associated with the subject 22 property. Portions of the property have been assessed under different numbers in the 23 past. Known former numbers associated with the upland of the subject property that have 24 been voided include 00123720.000000, 00123720.0003010, 00123730.000000, 25 0�0123750.000000, 00123760,000101, 00123760.000102, 00123760.000103 and 26 0�0123760.000300. Known former numbers associated with the submerged land of the 27 subject property that have been voided include 00123760.000401 through 28 00123760.000411, 00123760-000501 through 00123760.000521 and 00123760.000601 29 through 00123760.000604.) 30 Applicant: Agent: Barton W. Smith, Esq., Smith Oropeza, P1. 35 Owner: Longstock II, LLC 36 37 11 RELEVANT PRIOR COUNTY ACTIONS: 38 39 The existing marina was established prior to 1986 and is thereby deemed to have a major 40 conditional use permit, 41 42 In 2012, a minor deviation to the major conditional use permit was approved allowing the 43 reconfiguration of 173 of the site's 361 boat slips 44 45 In 2013, a minor deviation to the major conditional use permit was approved allowing new 46 development atop the northernmost pier. The development included bath house buildings for 47 occupants of the live-aboard vessels and a commercial building that included marine fuel 48 services, a marina store and management offices. 49 Page 2 of 5 I In 2013, an alcoholic beverage special use permit (2-COP) was approved allowing the sale:of 2 beer and wine, on premise and package. The approval is memorialized by Planning 3 Commission Resolution#P23-13, approved by the Planning Commission at a public hearing 4 on August 28, 2013 and signed by the Planning Commission Chair on September 10,2013. 5 6 In 2013, an amendment to the Monroe County Future Land Use Map was approved 7 amending the future land use designation of the subject property from Industrial (I) to Mixed 8 Use/Commercial (MC), The approval is memorialized by Ordinance#045-2013, approved by 9 the Board of County Commissioners at a public hearing on December 11, 2013. 10 I I III BACKGROUND INFORMATION: 12 13 A. Size of Site: 35.484 acres (12.240 acres of upland and 23.244 acres of submerged land) 14 B. Land Use District: Maritime Industries (MI) 15 C. Future Land Use Map (FLUM) Designation: Mixed Use/Commercial (MC) 16 D. Tier Designation: Tier III 17 E. Existing Uses: Mixed Use - Marina, Light Industrial, Commercial Retail, Office 18 F. Existing Vegetation / Habitat: Predominately scarified, with mangroves along the some 19 segments of the southernmost shoreline and areas landscaping throughout the site 20 G. Community Character of Immediate Vicinity: Mixed Use 21 H. Flood Zone: A-E-EL 9 22 23 IV REVIEW OF APPLICATION: 24 25 The BOCC shall have authority to enter into a development agreement by resolution with any 26 person having a legal or equitable interest in real property located within the unincorporated 27 area of Monroe County if the development agreement meets all of the requirements of the 28 Florida Local Government Development Agreement Act, Section 163.3220-163.3243, 29 Florida Statutes; provided, however, that the duration of the development agreement shall not 30 exceed 10 years, and any duration specified in a development agreement shall supersede any 31 conflicting duration otherwise specified in the land development regulations. 32 33 Pursuant to Section 163.3227, Florida Statutes, a development agreement shall include the 34 following: 35 36 a) A legal description of the land subject to the agreement, and the names of its legal and 37 equitable owners: 38 39 In the agreement, a full legal description is provided in Exhibit 2. Ownership is described 40 in section I (J)on page 2 and a special warranty deed is provided in Exhibit 1. 41 42 b) The duration of the agreement: 43 44 The agreement shall remain in effect for 10 years from the effective date, as stated in 45 section III (C) on page 3. 46 Page 3 of 5 I c) The development uses permitted on the land, including population densities, and building 2 intensities and height: 3 4 Permitted uses on the land(s), population densities, and building intensities and height(s) 5 are provided in section III (D) on page 4. 6 7 d) A description of public facilities that will service the development, including who shall 8 provide such facilities; the date any new facilities, if needed, will be constructed; and a 9 schedule to assure public facilities are available concurrent with the impacts of the 10 development: 11 12 A description of public facilities is stated in section III (E)on pages 4 through 5. 13 14 e) A description of any reservation or dedication of land for public purposes: 15 16 There will be no reservation or dedication of land for public purpose. This is stated in in 17 section III (F)on page 5. 18 19 f) A description of all local development permits approved or needed to be approved for the 20 development of the land: 21 22 Required local development permits are not provided in a single section. The requirement 23 for a major conditional use permit to redevelop the property is provided in section III (H) 24 on page 6. The requirement for a minor conditional use permit (per reference to MCC 25 §13 8-22(2) to finalize transfer the TRE's is provided in section 1 (1) on page 2 and 11 (C) 26 on page 3. Permit requirements in general are provided in section III (Q) on page 8, 27 which states "This Agreement is not and shall not be construed as a Development Permit, 28 Development Approval or authorization to commence development, nor shall it relieve 29 the Parties other than Monroe County of the obligations to obtain necessary Development 30 Approvals that are required under applicable law and under and pursuant to the terms of 31 this Agreement and Monroe County Code." 32 33 g) A finding that the development permitted or proposed is consistent with the local 34 government's comprehensive plan and land development regulations: 35 36 A finding of consistency is stated in section III(J) on page 6. 37 38 h) A description of any conditions, terms, restrictions, or other requirements determined to 39 be necessary by the local government for the public health, safety, or welfare of its 40 citizens: 41 42 A description of any conditions, terms, restrictions or other requirements is not provided 43 in a single section. Such conditions, terms, restrictions and other requirements are 44 provided throughout the agreement, 45 Page 4 of 5 I i) A statement indicating that the failure of the agreement to address a particular permit, 2 condition, term, or restriction shall not relieve the developer of the necessity of 3 complying with the law governing said permitting requirements, conditions, term, or 4 restriction: 5 6 Breach, amendment, enforcement and termination of the development provisions are 7 provided in section III (K)on pages 6 through 7. 8 9 V RECOMMENDATION: 10 11 The Planning & Environmental Resources Department recommends approval. Page 5 of 5 q M N MONROE COUNTY,FLOREDA PLANNING COMMISSION RESOLUTION NO.P19-14 A RESOLUTION BY THE MO OE COUNTY PLANNING COMMISSION RECOMMENDING APPROVAL TO THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS OF A DEVELOPMENT AGREEMENT BETWEEN MO OE COUNTY, FLORIDA AND LONGSTOCK H, LLC, CONCEPTUALLY APPROVING THE REDEVELOPMENT OF STOCK ISLAND MARINA VILLAGE,LOCATED AT 700 AND 7009 SHRIMP ROAD, STOCK ISLAND, APPROXIMATE MILE MARKER 5, DESCRIBED AS PARCELS OF LAND IN SECTION 35, TOWNSHIP 67 SOUTH, RANGE 25 EAST, STOCK. ISLAND, MO OE COUNTY, FLORIDA, AND HAVING REAL ESTATE ) NUMBERS 00123720.000100, 00123720.000200 AND 00123760.000200. WHEREAS, during a regularly scheduled public meeting held on May 28, 2014, the Monroe County Planning Commission conducted a review and consideration of a request filed by Attorney Barton W. Smith, on behalf of Longstock 11, LLC, for a development agreement in accordance with §110-132 and §110-133 of the Monroe County Code and Florida Statutes Sec. 163.3220 et seq.,the"Florida Local Government Development Agreement Act";and the development agreement relates to the redevelopment of an existing mixed use marina, to include commercial retail, office, commercial fishing, light industrial and hotel uses.The residential density would not exceed 100 transient residential units.Not including accessory structures related to residential uses, the nonresidential floor area would not exceed 80,000 square feet. New residential or nonresidential buildings shall not exceed 35' in height; d WHEREAS, the development agreement involves the redevelopment of the site, currently known as Stock Island Marina Village, located at 700 and 7009 Shrimp Road., Stock Island,Florida, approximate mile marker 5 of the Overseas Highway(US 1);and WHEREAS, the site is described as parcels of land in Section 35, Township 67 South, Range 25 East, Stock Island, Monroe County, Florida, having Real Estate (RE) Numbers 00123720.000100, 00123720.000200 and 00123760.000200; and Resolution 019-14 File#241 6 Page 1 of 4 WHEREAS, the May 28, 2014, 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: I. Development Agreement application(File#2014-026),received by the Monroe County Planning&Environmental Resources Department on February 19,2014;and 2. Development Agreement received February 19,2014;and 3. Staff report prepared by Joseph Haberman,AICP,Planning&Development Review Manager,dated May 16,2014;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 Steve Williams, Assistant County Attorney,and John Wolfe, Planning Commission Counsel; and WHEREAS, based upon the infarmation and documentation submitted, the Planning Commission makes the following Findings of Fact: 1. The subject property is located within a time Industries (MI)Land Use (Zoning) District.Further, it is designated within a Mixed Use/Commercial(MC)category on the Future Land Use Map (FL UM) and within a Tier III district on the Tier Overlay District Map;and 2. The existing marina was established prior to 1986 and is thereby deemed to have a major conditional use permit pursuant to §10 1-4(c)of the Monroe County Code; and 3. In 2012,a minor deviation to the major conditional use permit was approved allowing the reconfiguration of 173 of the site's 361 boat slips; and 4. In 2013,a minor deviation to the major conditional use permit was approved allowing new development atop the northernmost pier. The development included bath house buildings for occupants of the live-aboard vessels and a commercial building that included marine fuel services,a marina store and management offices; and 5. In 2013, an amendment to the Monroe County Future Land Use Map was approved amending the future land use designation of the subject property from Industrial(I)to Mixed Use/Commercial (MC). The approval is memorialized by Ordinance #045- 2013, approved by the Board of County Commissioners at a public hearing on December 11,2013; and 6. On April 29, 2014, the development agreement was reviewed by the Development Review Committee; and Resolution#P 19-14 File#2014-026 Page 2 of 4 7. 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 8. The development agreement, among other things, is intended to and shall constitute a development agreement among the Parties pursuant to the Florida Local Govemment Development Agreement Act, Section 163.3223, et seq.,Florida Statutes; and 9. Development shall not be inconsistent with the Monroe County Code; and 10. Development shall not be inconsistent with the Monroe County Comprehensive Plan; and 11. Development on Stock Islands 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 12. Development shall not be inconsistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; 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 any of the Principles for Guiding Development in the Florida Keys Area of Critical State Concern;and WHEREAS, Planning & Environmental Resources Department staff recommended approval of the development agreement; however with revisions provided in the staff report prepared by Joseph Haberman,AICP, Planning&Development Review Manager, dated May 16, 2014; and NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY9 FLORIDA, that the preceding Findings of Fact and Conclusions of Law support its decision to RECOMMEND APPROVAL of the proposed development Resolution#P 19-14 File#2014-026 Page 3 of 4 agreement, with the revisions requested in the staff report prepared by Joseph Haberman, AICP, Planning&Development Review Manager,dated May 16,2014. PASSED AND ADOPTED BY THE PLA of Monroe County, 0 Florida,at a regular meeting held on the 28h of NoV72,C0104MMSSION Chair Wiatt YES Commissioner Hale YES Commissioner Lustberg YES Commission ller YES Commissioner Werling YES PLANNING C SSION OF M COUNTY,FLORIDA B Y William Wiatt, Chair Signed this .25 day of 7y 2014. 0 OE KEW vff,rH nie, A"POR09OU Sy 2 5 2014 ACaE-' "ICS r.-RIC Resolution#P19-14 File#2014-026 Page 4 of4 IIaY ` y f i MONROE COUNTY,FLORIDA DEVELOPMENT COMMITTEE RESOLUTION NO.DRC -14 A RESOLUTION BY THE DIRECTOR OF PLANNING AND ENVIRONMENTAL RESOURCES AND CHAIR OF THE DEVELOPMENT REVIEW COMMITTEE RECOMMENDING APPROVAL TO THE Ma OE COUNTY BOARD OF COUNTY COMMISSIONERS OF A DEVELOPMENT AGREEMENT BETWEEN MO OE COUNTY, FLORIDA AND LONGSTOCK 11, LLC, CONCEPTUALLY APPROVING THE REDEVELOPMENT I" OF STOCK: ISLAND A VILLAGE, LOCATED AT 700 AND 7009 SHRIMP ROAD, STOCK. ISLAND, APPROXIMATE MILE MARKER 5, DESCRIBED AS PARCELS OF LAND IN SECTION 35, TOWNSHIP 67 SOUTH, RANGE 25 EAST, STOCK ISLAND, Ma OE COUNTY, FLORIDA, AND HAVING REAL ESTATE ) NUMBERS 00123720.000100, 00123720.000200 AND 00123760.000200. daring a regularly scheduled meeting held on April 2 , 2014, the Development Review Committee (DRC) of Monroe County conducted a review and consideration of a request filed by Attorney Barton W. Smith, on behalf of Longstock II, LLC, for a development agreement in accordance with §110-132 and §110-133 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 relates to the redevelopment of an existing mixed use marina, to include commercial retail, office, commercial fishing, light industrial and hotel uses. The residential density would not exceed 100 transient residential units.Not including accessory structures related to residential uses, the nonresidential floor area would not exceed 80,000 square feet. New residential or nonresidential buildings shall not exceed 35' in height; and WHEREAS, based upon the information and documentation submitted, the Development Review Committee Chair and Senior Director of Planning & Environmental Resources found: Resolution#DRC 08-14 File#2014-026 Page 1 of 2 1. The proposed development agreement is consistent with the provisions and intent of the Monroe County Comprehensive Plan;and 2. The proposed development agreement is consistent with the provisions and intent of the Monroe County Code;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 proposed development agreement is consistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; and NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA that the information provided in the staff report and discussed at the April 29, 2014 meeting supports the Chair's decision to recommend approval to the Planning Commission and Board of County Commissioners with revisions as discussed at the meeting. Date— / fo w- nsle Sc Deve op ent Review CommitteeChair an Senior irector of Planning and 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 To ley Schwab, to me known to be the person described in and who executed the foregoing instiument and she acknowledged before me the she executed the same. WITNESS my hand and official seal in the County and State last aforesaid this day of 2014. T,ay PUBLIC, STATE OF FLORIDA NMEA M CWCH Nd"POW-aft*I r4rma cam,boa on is,2014 Comm*"0 Ef 4MI Resolution#DRC 08-14 File 42014-026 Page 2 of 2