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Resolution 076-2022Doc # 2371993 Bk# 3169 Pg# 485 Recorded 4/21/2022 3:27 PM Page I of 37 Filed and Recorded in Official Records of MONROE COUNTY KEVLN MADOK, CPA MONROE COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS RESOLUTION NO. _{a- 2022 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING A DEVELOPMENT AGREEMENT BETWEEN MONROE COUNTY, FLORIDA, AND SH MARINAS 6000, LLC. THE REQUESTED DEVELOPMENT AGREEMENT RELATES TO THE PROPOSED REDEVELOPMENT OF "STOCK ISLAND HARBOR YACHT CLUB", TO INCLUDE UP TO ONE HUNDRED AND SEVEN (107) ATTACHED RESIDENTIAL DWELLING UNITS TO BE UTILIZED AS SHORT-TERM VACATION RENTAL UNITS, UP TO FORTY-ONE (41) TRANSIENT HOTEL DWELLING UNITS, AND THREE (3) AFFORDABLE DWELLING UNITS. NO STRUCTURES MAY BE HIGHER THAN FORTY (40) FEET FROM GRADE. THE SUBJECT PROPERTY IS DESCRIBED AS A PARCEL OF LAND IN SECTION 36, TOWNSHIP 67 SOUTH, RANGE 25 EAST, STOCK ISLAND, MONROE COUNTY, FLORIDA, CURRENTLY HAVING PROPERTY IDENTIFICATION NUMBER 00127480-000000. 1 WHEREAS, during a regularly scheduled, duly noticed public meeting held on February 2 16, 2022, the Board of County Commissioners ("BOCC") conducted a public hearing to review 3 and consider a request submitted by Bart Smith, on behalf of SH Marinas 6000, LLC, for BOCC 4 approval of a development agreement in accordance with Chapter 110, Article V, Sections 110- 5 132 and 110-133 of the Monroe County Land Development Code ("LDC") (2021), the Monroe 6 County Comprehensive Plan (2021), and the Florida Statutes (2021) including but not limited to 7 Sections 163.3220 et. seq., also known as the "Florida Local Government Development Agreement 8 Act"; and 9 10 WHEREAS, the subject property is located at 6000 Peninsular Avenue, Stock Island, 11 Monroe County, Florida, approximate mile marker 5.5, and is described as a described as a parcel 12 of land in Section 36, Township 67 East, Range 25 South, Stock Island, Monroe County, Florida, 13 currently having property identification number 00127480-000000; and 14 15 WHEREAS, during a regularly scheduled public meeting held on April 27, 2021, the 16 Development Review Committee ("DRC") of Monroe County conducted a review and 1 of 4 I consideration of a request for a development agreement in accordance with the aforesaid LDC, 2 Florida Statutes, and Comprehensive Plan; and 3 4 WHEREAS, during a regularly scheduled public meeting held on November 16, 2021, the 5 Monroe County Planning Commission held a duly noticed public hearing to review and consider a 6 request submitted by Bart Smith, on behalf of SH Marinas 6000, LLC, for a development agreement 7 in accordance with the aforesaid LDC, Florida Statutes, and Comprehensive Plan; and 8 9 WHEREAS, the Development Agreement relates to the partial redevelopment of the "Stock 10 Island Harbor Yacht Club" ("SI IYC") formerly known as the "Key West Harbor Yacht Club." The 11 proposed development will include up to one hundred and seven (107) attached residential dwelling 12 units to be utilized as short-term vacation rental units, up to forty-one (41) transient hotel dwelling 13 units and three (3) affordable dwelling units at 6000 Peninsular Ave, Stock Island, Florida; and 14 15 WHEREAS, at the public hearing on February 16, 2022, the BOCC requested changes to 16 the proposed development agreement to specify that the development agreement does not authorize 17 the site's recognized liveaboard vessel slips / vessels to be used as upland density; and 18 19 WHEREAS, at the public hearing on February 16, 2022, the BOCC also requested changes 20 to the proposed development agreement to specify that the recognized permanent residential density 21 on the site shall be one hundred seven (107) market rate dwelling units plus three (3) affordable 22 dwelling units; and that a maximum of forty-one (41) transient units may also be developed, 23 provided that sixty-two (62) transient Transferable Development Rights (TDRs), or thirty-six (36) 24 permanent market rate TDRs, or a proportional combination of both, be transferred to the property 25 pursuant to the TDR process in the LDC prior to the development of any transient units; and 26 27 WHEREAS, based upon the information and documentation submitted, the Board of 28 County Commissioners makes the following findings: 29 30 1. The subject property is located within the Mixed Use (MU) Land Use ("Zoning") District. 31 The Zoning is proposed to be changed to Destination Resort ("DR"). Further, it is 32 designated within a Mixed Use/Commercial ("MC") category on the Future Land Use 33 Map ("FLUM") and within a Tier III district on the Tier Overlay District Map; and 34 35 2. On April 27, 2021, the proposed development agreement was reviewed by the Monroe 36 County Development Review Committee; and 37 38 3. The Monroe County Planning Commission held a duly noticed public hearing at its 39 meeting scheduled for November 16, 2021, which was the first of two required public 40 hearings, and recommended approval of the development agreement contemplated herein 41 with changes and conditions as recommended by the professional staff of the Monroe 42 County Planning and Environmental Resources Department; and 43 44 4. Florida Statutes § 163.3220 (2021) authorizes Monroe County to enter into development 45 agreements with landowners and/or governmental agencies to encourage a stronger 46 commitment to comprehensive and capital facilities planning, ensure the provision of 47 adequate public facilities for development, encourage the efficient use of resources, and 2 of 4 1 reduce the economic cost of development; and 2 3 WHEREAS, based upon the information and documentation submitted, the Board of 4 County Commissioners makes the following determinations: 5 6 1. The request is consistent with the provisions and intent of the aforesaid Monroe County 7 Land Development Code; and 8 9 2. The request is consistent with the provisions and intent of the aforesaid Monroe County 10 Year 2030 Comprehensive Plan; and 11 12 3. The request is consistent with the Florida Statutes' Principles for Guiding Development in 13 the Florida Keys Area of Critical State Concern; and 14 15 4. The subject Agreement, among other things, is intended to and shall constitute a 16 development agreement among the Parties pursuant to the Florida Local Government 17 Development Agreement Act, Section 163.3223, et seq., Florida Statutes (2021). 18 19 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 20 COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the preceding findings of fact 21 and legal conclusions and determinations support this decision to APPROVE the proposal for a 22 development agreement with the following determinations and conditions: 23 24 1. Recitals and Legislative Intent. The foregoing title of this Resolution, its recitals, 25 statements of legislative intent, findings of fact, and conclusions of law, are true and 26 correct and are hereby incorporated as if fully set forth herein. 27 28 2. The Development Agreement does not authorize the site's recognized liveaboard vessel 29 slips / vessels to be used as upland density. 30 31 3. The recognized permanent residential density on the site shall be one hundred seven (107) 32 market rate dwelling units plus three (3) affordable dwelling units; and a maximum of 33 forty-one (41) transient units may also be developed, provided that sixty-two (62) 34 transient Transferable Development Rights (TDRs), or thirty-six (36) permanent market 35 rate TDRs, or a proportional combination of both, be transferred to the property pursuant 36 to the TDR process in the LDC prior to the development of any transient units. 37 38 4. The Development Agreement shall not become effective prior to approval and 39 effectiveness of the associated Land Use ("Zoning") District amendment from Mixed 40 Use ("MU") to Destination Resort ("DR"). 41 42 5. Construction and Interpretation. This Resolution and the Development Agreement 43 approved hereto, being necessary for the health, safety, and welfare of the residents of 44 and visitors to the County, shall be liberally construed to effect(uate) the public 45 purpose(s) hereof. Interpretation of this Resolution and the Development Agreement 46 approved hereto shall be construed in favor of the Monroe County Board of County 47 Commissioners, and such construction and interpretation shall be entitled to great weight 48 in adversarial administrative proceedings, at trial, in bankruptcy, and on appeal. 3 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 21\ 22 23 24 25 26 27 28 6. Inconsistency. Partial Invalidity. Severability. and Survival of Provisions. If any provision of this Resolution or Development Agreement approved hereto, or any portion thereof, is held to be invalid or unenforceable in or by any administrative hearing officer or court of competent jurisdiction, the invalidity or unenforceability of such provision, or any portion thereof, shall neither limit nor impair the operation, enforceability, or validity of any other provision, or any remaining portion(s) thereof. All other provisions, and remaining portion(s) thereof, shall continue unimpaired in full force and effect. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida (`BOCC"), at a regular meeting of the BOCC held on the 16a' day of February, 2022. Mayor David Rice Mayor Pro Tem Craig Cates Yes Commissioner Michelle Coldiron Yes County Commissioner District Three VACANT Commissioner Holly Merrill Raschein Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayo Da id Rice 4 /xo /z7- II"IW Ma:7:4 MONROE COUNTY ATTORNEY . AYED�SIQRM FAAJA Da� 3128122 AS MPUTk CLERK 4 of 4 DEVELOPMENT AGREEMENT FOR STOCK ISLAND HARBOR YACHT CLUB. This DEVELOPMENT AGREEMENT ("Agreement") is entered into on the 16thday of February 2022, by and between MONROE COUNTY, a political subdivision of the State of Florida ("Monroe County"), and SH Marinas 6000, LLC, a Florida limited liability company ("SH Marina") (singularly a "Party", or collectively the "Parties"), pursuant to Sections 110-132, 110-133 of the Monroe County, Florida, Land Development Code ("Monroe County Code") and the Florida Local Government Development Agreement Act, Florida Statutes Sections 163.3220-163.3243 and is binding on -the "Effective Date" set forth herein: WITNESSETH: Monroe County and the Parties hereto hereby agree as follows: I. RECITALS A. This Agreement involves the future redevelopment of property known as the "Stock Island Harbor Yacht Club" property ("SIHYC"), located at 6000 Peninsular Avenue, Stock Island, Florida 33040 ("Property"), fronting Peninsular Avenue, with access to and from the site from Peninsular Avenue, the legal description of which is contained in Exhibit A. SIHYC is owned by SH Marina. B. All Parties have the authority to enter into this Agreement through Florida Statute Sections 163.3220-163.3243 and their individual sole and undivided ownership of SIHYC. C. Section 163.3220(4), Florida Statutes, authorizes Monroe County to enter into development agreements with landowners and/or governmental agencies to encourage a stronger commitment to comprehensive and capital facilities planning, ensure the provision of adequate public facilities for development, encourage the efficient use of resources, and reduce the economic cost of development. D. This Agreement, inter alia, 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 (the "Act"). E. The Parties recognize that the public noticing and hearing procedures shall follow the requirements of F.S. Sec. 163.3225, which require public hearings before the Planning Commission and the Board of County Commissioners ("BOCC") for consideration of a development agreement. 00224701 - v 10 SIHYC Development Agreement 01/2022 Page 1 of 20 F. Monroe County finds that entering into this Agreement furthers the purposes, goals, objectives, and policies of the Monroe County Year 2030 Comprehensive Plan ("Comprehensive Plan"). G. SIHYC, 6000 Peninsular Avenue, Stock Island, Florida, is generally described as follows: il SH Marina owns that certain real property located at 6000 Peninsular Avenue, Stock Island, Monroe County, Florida. A copy of the Special Warranty Deed evidencing SH Marina's ownership is attached hereto and incorporated herein as Exhibit S. Currently SIHYC is used as a private marina, market -rate vacation rentals, a restaurant, and affordable housing. 2. As of the date of this Agreement, SIHYC is assessed by the Monroe County Property Appraiser as currently bearing Property Identification Number 00127480-000000. 3. The Comprehensive Plan designates all the parcels of the SIHYC as Mixed Use/Commercial ("MC") on its Future Land Use Map. 4. The Monroe County Land Use District map designation for SIHYC has been amended simultaneously with the approval of this Agreement is Destination Resort ("DR"). 5. The Monroe County Tier Overlay District map designation for SIHYC is Tier III. 6. SIHYC consists of 13.14 upland acres. 7. SIHYC was redeveloped as a full-scale marina resort which includes three (3) boat barns providing space for four hundred and seventy-five (475) dry boat storage; one hundred (100) wet slips; one (1) multi -use building containing a combination of non-residential floor area for a ship store and three (3) affordable housing dwelling units; and three (3) attached market -rate dwelling units. The approval was recorded in Resolution No. P11-07, dated March 7, 2007. At the time of SIHYC's development in 2007, it had obtained a Letter of Development Rights Determination ("LDRD") dated December 1, 2006, which provided that the Property had fifty (50) liveaboard vessel slips / vessels and five (5) residential dwelling units. This Development Agreement does not authorize the fifty (50) recognized liveaboard vessel slips / vessels to be used as upland density and does not authorize the fifty (50) recognized liveaboard vessel slips / vessels to be counted/utilized as upland density. The Property is required to utilize Transferable Development Rights ("TDRs") for any density not associated with the Property. 00224701-v10 SIHYC Development Agreement 01/2022 Page 2 of 20 H. Wrecker's Cay Apartments at Stock Island, LLC ("Wrecker's Cay") previously received approval under Development Order No. 03-21 to transfer eighty (80) Permanent Market - Rate and eighteen (18) Transient Transferable ROGO Exemptions ("TREs") (File No. 2019-149), from the Wrecker's Cay Apartments property to be held in certificate form with no designated receiver site. A condition of D.O. No. 03-21 is that a new minor conditional use permit application and development order will be required for each receiver site proposed. Therefore, approval of a development order to transfer these ROGO Exemptions to the subject Property will be required. I. Road Abandonments On January 21, 2022, the Monroe County BOCC approved the abandonment of the eastern -most portion of Peninsular Avenue, adjacent to the Property. The land associated with that abandonment has not been included in this Agreement. J. Section 163.3220(4), Florida Statutes, authorizes Monroe County to enter into 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. II. PURPOSE A. The overall purpose of this Agreement is to allow the redevelopment of SIHYC with up to one hundred and seven (107) attached residential dwelling units which are permitted to be utilized as vacation rental units, and up to forty-one (41) transient hotel dwelling units to be operated as a vacation resort including associated accessory uses, pursuant to Monroe County Land Development Code Section 130-81. B. This Agreement allows the redevelopment of the SIHYC utilizing, as part of its overall development, the eighty (80) market -rate dwelling units from Wrecker's Cay, three (3) existing market rate dwelling units on the Property as attached dwelling units permitted to be vacation rentals and eighteen (18) transient dwelling units from Wrecker's Cay in compliance with all applicable provisions of Florida Statutes, the Principles for Guiding Development in the Florida Keys Area of Critical State Concern, the Comprehensive Plan, the Master Plan for the Future Development of Stock Island and Key Haven, and the Monroe County Code. C. The Agreement allows the Parties to implement the provisions of Monroe County Code, as applied to SIHYC to develop a vacation and hotel resort at SIHYC, to attract sustainable tourism to Stock Island. III. AGREEMENT REQUIREMENTS 00224701 - v 10 SIHYC Development Agreement 01/2022 Page 3 of 20 A. Recitals. The recitals explaining the intent and purpose of the project as set forth in the preceding clauses are incorporated herein and form a material part of this Agreement. The Parties recognize the binding effect of Florida Statutes Sections 163.3220-163.3243, as to the form and content of this Agreement and in accordance therewith set forth and agree to the following: B. Legal Description and Ownership. The legal description for SIHYC is set forth in Exhibit A. C. Duration of Agreement. This Agreement shall remain in effect for ten (10) years from the 'Effective Date" as defined herein and may be extended through an amendment to the development agreement and approval at a public hearing, in accordance with Florida Statute Section 163.3229. For the duration of this Agreement, the Parties agree that any development shall comply with and be controlled by this Agreement, the Monroe County Code, and the Monroe County Comprehensive Plan governing the development of the land in effect on the date of execution of this Agreement, in accordance with Section 163.3220, Florida Statutes. D. Permitted Uses. 1. SIHYC, 6000 Peninsular Avenue, Stock Island, Florida: a. SIHYC currently has a MU Land Use (Zoning) District designation and a corresponding MC Future Land Use Map designation. b. Contemporaneously with the approval of this Agreement, SIHYC's Land Use (Zoning) District has been approved for amendment by Monroe County from Mixed Use ("MU") to Destination Resort ("DR" ). c. In accordance with this Agreement and with the DR Land Use (Zoning) District, as set forth in Monroe County Code Section 130-34, the principal purpose of the DR Land Use Map Category is to establish areas suitable for the development of planned tourist centers providing on -site residential, recreational, commercial and entertainment facilities of a magnitude sufficient to attract visitors and tourists for tenancies of three or more days. d. In accordance with this Agreement and with the DR Land Use (Zoning) District, as set forth in Monroe County Code Section 130-34, and in compliance with other provisions of the Monroe County Code, the permitted uses in the Land Use (Zoning) District include detached dwellings, vacation rentals (if a special vacation rental permit or exemption is obtained under the regulations established in section 134- 1), attached dwelling units (as a major conditional use), Hotels (as a minor conditional use) and accessory uses. Development on the Property shall be governed and guided by Monroe County Land 00224701-v10 SIHYC Development Agreement 01/2022 Page 4 of 20 Development Code Sections 110-70, 130-34, 130-81, 130-157, 130- 160, 130-162, and 130-164. e. Land Development Code Section 130-81 provides, in pertinent part: a. The following uses are permitted as of right in the Destination Resort district: (1) Detached dwellings; (2) Vacation rental use if a special vacation rental permit is obtained under the regulations established in Section 134-1; (3) Collocations on existing antenna -supporting structures, pursuant to Section 146-5(c); (4) Replacement of an existing antenna -supporting structure pursuant to Section 146-5(b); (5) Attached wireless communications facilities, as accessory uses, pursuant to Section 146-5(d); (6) Stealth wireless communications facilities, as accessory uses, pursuant to Section 146- 5(e); and (7) Satellite earth stations, as accessory uses, pursuant to Section 146-5(f). b. The following uses are permitted as minor conditional uses in the destination resort district, subject to the standards and procedures set forth in Land Development Code Chapter 110, Article III: (1) Hotels, provided that: a. The hotel has restaurant facilities on the premises that will accommodate no less than one-third of all hotel guests at maximum occupancy at a single serving; b. There are at least two satellite eating and drinking facilities, each accommodating at least 25 persons; c. A separate meeting/conference and entertainment area that can also function as a banquet facility; d. A lobby that provides 24-hour telephone and reservation service; e. Active and passive recreation land -based activities are available, with a minimum of tennis courts or racquetball courts, or a spa/exercise room, provided at the standards given below and at least two additional active and one additional passive recreational facility, including, but not limited to, the following: 00224701-v10 SIHYC Development Agreement 01/2022 Page 5 of 20 Active Recreational Facilities Tennis court 1/25 units Racquetball court 1/25 units Spa/exercise room, of no less than 500 square feet 1/150 units Dance floor 1/hotel Playfaeldiplayground 1/150 units Miniature golf course note] Golf course note] Shuffleboard court, or other court games 2150 units Fitness course 1/hotel Passive Reereadoial Facilities Nature trail walk l/hotel Game room 1/150 units Garden area 1/hotel Observation area 1/hotel Other uses may be substituted for these with the written approval of the director of planning stating the standards used and the manner in which guests will be served by such facilities. The director of planning shall base his decision on generally accepted industry standards for comparable destination resorts; f. Active and passive water -oriented recreational facilities are available, a minimum of a swimming pool, or swimming areas, at the rate of seven square feet of water surface (excluding hot tubs and jacuzzi) per hotel room (this requirement may be converted to linear feet of shoreline swimming area at a ratio of one linear foot of beach per seven square feet of required water surface); g. Access to U.S. Highway 1 is by way of: i. An existing curb cut; ii. A signalized intersection; or iii. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; h. Each hotel establishes and maintains shuttle transport services to airports and tourist attractions to accommodate ten percent of the approved floor area in guest rooms; and such housing shall be of any of the following types: dormitory, studio, one bedroom, two bedrooms and shall be in addition to the approved hotel density and shall be used exclusively by employees qualifying under the employee housing provisions elsewhere in this chapter; 00224701-v10 SIHYC Development Agreement 01/2022 Page 6 of 20 i. On -site employee housing living space is provided in an amount equal to ten (10) percent of the approved floor area in guest rooms; and such housing shall be of any of the following types: Dormitory, studio, one -bedroom, two -bedrooms, and shall be in addition to the approved hotel density and shall be used exclusively by employees qualifying under the employee housing provisions elsewhere in this Chapter; and j. Commercial retail is provided at a minimum of 200 square feet to include convenience retail, food sales and gifts in one (1) or more sites, excluding restaurants as required by subsection (b)(1) of this Section, and in addition one and 1.3 square feet commercial retail per each guest room greater than 150 rooms. Additional commercial retail may be provided subject to the floor area ratio limitations of this chapter. Commercial retail may consist of dive shops, boat rentals, gift shops, barber/beauty services, travel agencies, provided that there is no extension signage advertising these amenities to the general public. Water -related services and activities shall be located immediately proximate to the water unless otherwise prohibited. c. The following uses are permitted as major conditional uses in the destination resort district, subject to the standards and procedures set forth in chapter 110, article III: (1) Marinas, provided that: a. There are a minimum of seven boat slips, but the total number of boats stored on -site or elsewhere for guests or employees shall be no greater than one per hotel room; b. The parcel for development has access to water at least four feet below mean sea level at mean low tide; c. The sale of goods and services is limited to fuel, food, boating, and sport fishing products; d. All boat storage shall be confined to wet slips or enclosed dry storage; e. All storage areas are screened from adjacent uses by a solid fence, wall, or hedge of at least six feet in height; and elevated racks, frames, or structures shall be enclosed on at least three sides from the ground to the highest point of the roof; 00224701 -v 10 SIHYC Development Agreement 01/2022 Page 7 of 20 f. All storage areas are screened from adjacent uses by a solid fence, wall, or hedge of at least six feet in height; and elevated racks, frames, or structures shall be enclosed on at least three sides from the ground to the highest point of the roof; g. Live -aboard vessels are prohibited; (2) Attached 'and detached dwellings, designated as employee housing as provided for in section 139, provided that: a. They are built for and occupied by employees of the destination resort facilities; b. The total area is no less that ten percent of the approved floor area in guest rooms of the resort/hotels within the development; c. The structures are designed and located so that they are visually compatible with established residential development within 250 feet of the parcel proposed for development; and d. The parcel proposed for development is separated from any established residential use by a class C buffer yard; (3) Attached dwelling units; (4) New antenna -supporting structures, pursuant to section 146-5(a); (5) Wastewater treatment facilities and wastewater treatment collection systems serving uses located in any land use district, provided that: a. The wastewater treatment facility and wastewater treatment collection systems are in compliance with all federal, state, and local requirements; b. The wastewater treatment facility, wastewater treatment collection systems and accessory uses shall be screened by structures designed to be architecturally consistent with the character of the surrounding community and shall minimize the impact of any outdoor storage, temporary or permanent; and c. In addition to any district boundary buffers set forth in chapter 114, article V, a planting bed, eight feet in width, to be 'measured perpendicular to the exterior of the screening structure shall be established with the following: 00224701-v10 SIHYC Development Agreement 01/2022 Page 8 of 20 1. One native canopy tree for every 25 linear feet of screening structure and one understory tree for every ten linear feet of screening structure; 2. The required trees shall be evenly distributed throughout the planting bed; 3. The planting bed shall be installed as set forth in chapter 114, article IV; and 4. A solid fence may be required upon determination by the planning director. 2. The height of any new residential structure associated with the redevelopment of the SIHYC shall not exceed 40 feet from grade except as allowed by Section 131-2 of the Monroe County Code. No residential structure with more than 2 habitable floors is permitted to exceed 35 feet. E. Military Installation Area of Impact. SH Marina acknowledges and understands that SIHYC is within the Military Installation Area of Impact Overlay as defined by the Comprehensive Plan. SIHYC is located in the 70 DNL (Day -Night Average Sound Level) noise contour pursuant to the 2018 Air Installations Compatible Use Zones study SH Marina agrees to: 1. Sound attenuate all habitable buildings to achieve an outdoor to indoor Noise Level Reduction (NLR) of at least 30 decibels; and 2. Place signage throughout the SIHYC prohibiting the use of unmanned aerial vehicles and/or drones on the Property; and 3. In any lease conveying a leasehold interest in a residential unit or a license agreement for dockage at SIHYC, SH Marina shall include language in the leasing or licensing document stating as follows: 4. "The property is located within the Military Installation Area of Impact Overlay and is subject to high noise levels due to Navy operations nearby. As it is located within the Military Installation Area of Impact of Overlay, the use of any unmanned aerial vehicle or drone is prohibited." F. Public Facilities. The numbers of existing vacation rentals, condominium units, and commercial uses were recognized in the planning of the sewage treatment plant serving Stock Island. Based on a preliminary concurrency review, all public facilities identified below are available as of the date of this Agreement, and capacity for each is projected to be available concurrent with the impacts of development. A final concurrency review shall be required as part of the Building permit approval process. 1. The Florida Keys Aqueduct Authority ("FKAA") provides domestic potable water to SIHYC.. Excluding existing development that may already be metered, the FKAA will provide sufficient meters for the proposed hotel 00224701 -v 10 SIHYC Development Agreement 01/2022 Page 9 of 20 resort. In addition, the FKAA will meter accessory development accordingly. 2. Keys Energy Services ("KES") provides electric service to SIHYC. KES will provide sufficient meters required for the proposed hotel resort. In addition, KES will meter accessory development accordingly. 3. Solid waste service is provided to the SIHYC by a solid waste collection system franchised by Monroe County. 4. SIHYC is connected to central sewer via KW Resort Utilities Corp.'s system. 5. Based on preliminary traffic concurrency review, the proposed development, which contemplates the potential to permit up to 107 attached market rate residential dwelling units, to be used as vacation rental units, up to 41 transient hotel dwelling units, and commercial uses, is currently within 5% LOS C, but may exceed the LOS C capacity of Segment 1, which may require mitigation. A final concurrency review shall be required as part of the building permit approval Process. In order to be in compliance with Monroe County Comprehensive Plan Policies 301.1.1, 301.1.2, 301.2.2, 301.2.3 and 301.2.4 as well as Land Development Code Sections 114-2(a)(1)a., b., and c., mitigation, or sufficient evidence acceptable to Monroe County that the potential trip generation does not exceed LOS C, must be provided prior to issuance of a building permit for the proposed development. Mitigation may be in the form of specific improvements or proportioned shared contribution towards improvements and strategies identified by the County, and/or FDOT to address any level of service degradation beyond LOS C and/or deficiencies. The applicant shall submit evidence of an agreement between the applicant and the FDOT for inclusion in any contract or agreement for improvements to US 1. For roadway improvements required, the applicant/owner may utilize the following, 42 pursuant to Land Development Code Section 114-2(b)(5)c.: a. The necessary facilities and services are in place at the time a development permit is issued; or b. The necessary facilities and services are in place at the time a certificate of occupancy, or its functional equivalent is issued. Prior to commencement of construction, the applicant shall enter into a binding and legally enforceable commitment to the County to assure construction or improvement of the facility; or c. A binding executed contract in place at the time a permit is issued which provides for the commencement of the actual construction of the required facilities or provision of services; or 00224701 -v 10 SIHYC Development Agreement 01/2022 Page 10 of 20 d. An enforceable development agreement guaranteeing that the necessary facilities and services will be in place with the issuance of a permit. An enforceable development agreement may include, but is not limited to, development agreements pursuant to section 163.3220, F.S., or an agreement or development order issued pursuant to Chapter 380, F.S.; or e. A proportionate share contribution or construction that is sufficient to accomplish one or more mobility improvement(s) that will benefit a regionally significant transportation facility. A proposed proportionate fair - share mitigation shall be reviewed pursuant to LDC Section 126-2. Any future changes to the use of the dwelling units, as described herein, shall require County approval and shall require additional traffic concurrency review at the time of approval pursuant to Comprehensive Plan Policy 301.1.1. G. Reservation or Dedication of Land. There is no reservation or dedication of land for public purpose contemplated by this Agreement. H. Development Allowed. The following specific criteria are those which will guide the redevelopment of SIHYC with up to one hundred and seven (107) attached residential dwelling units which are permitted to be utilized as vacation rental units, provided SH Marina receives the required vacation rental permit or vacation rental permit exemption; and up to forty-one (41) transient hotel dwelling units, operating as a Destination Resort, including associated accessory uses, and are the standards by which any further approvals shall be measured and shall be as follows: 1. Provided such development can be designed and approved by all applicable codes, including but not limited to the Monroe County Comprehensive Plan, Monroe County Code and Florida Building Code, SH Marina is permitted to redevelop and operate SIHYC as a resort hotel consisting of the following development: a. Up to 107 attached residential dwelling units b. Up to 41 transient units c. A minimum of 200 square feet of commercial retail to include convenience retail, food sales and gifts in one or more sites, excluding restaurants as required by 130-81(b)(1), and in addition one and 1.3 square feet commercial retail per each guest room greater than 150 rooms. Commercial retail may consist of dive shops, boat rentals, gift shops, barber/beauty services, travel agencies, provided that there is no extension signage advertising these amenities to the general public. Water -related services and activities shall be located immediately proximate to the water unless otherwise prohibited. d. Up to 12,113 square feet of non-residential floor area consisting of any commercial retail over the 200 square feet described above. e. Lobby/Reception/Office building 00224701 -v 10 SIHYC Development Agreement 01/2022 Page 11 of 20 f. Maintenance/Housekeeping building g. Restrooms, Fitness and Refreshments building h. Resort Swimming Pool i. Conference Center j. Restaurant, Bar, Kitchen k. Affordable/workforce dwelling units for employees of the resort. 1. Parking areas and landscaping. m. The height of any new building associated with the redevelopment of SIHYC shall not exceed 40 feet, as described in Section 131-2 of the Monroe County Code. No building with more than 2 habitable floors shall exceed 35 feet. 2. The Property is determined to have the following density: a. Pursuant to Resolution No. P. 11-07 as modified by minor deviation approval letters dated September 13, 2007 and December 29, 2008, the Property is recognized as having maximum net density for permanent residential uses only. The Parties agree to limit the permanent residential maximum net density recognized to One Hundred Seven (107) market rate dwelling units, plus Three (3) permanent affordable dwelling units. Transient density shall be limited to Forty One (41) transient units, and will require a total of 62 transient TDRs, or 36 permanent market rate TDRs, or a combination of both, to be transferred to the Property pursuant to the TDR process per the Monroe County Code prior to development of any transient units. Nonresidential uses (excluding existing boat barns) shall be limited to 12,113 square feet of floor area. This maximum development potential (107 permanent dwelling units, 3 permanent affordable dwelling units, 41 transient units,12,113 sf of nonresidential floor area, and maintenance of existing boat barn(s)) shall be considered 100% of the cumulative development potential on the site. Any density required above and beyond the density that exists on the Property, pursuant to the Code, shall require the use of TDRs. 3. Rate of Growth Ordinance/Transferable ROGO Exemptions a. Notwithstanding the density permitted in Section (H)(2) above, no Rate of Growth Ordinance ("ROGO"), Transferable ROGO Exemptions ("TRE"), or density associated with the preexisting liveaboard vessels shall be utilized for development on upland portions of the Property and is expressly acknowledged to not exist; 00224701-v10 SIHYC Development Agreement 01/2022 Page 12 of 20 b. All ROGO permits or TREs required for the development of the dwelling units contemplated herein, and subject to the density permitted in section (H)(2) above, shall be transferred onto the property, from one or more suitable sender sites, by means of one or more Minor Conditional Use Approval(s) pursuant to the requirements of the LDC. I. Approval of Conceptual Site Plan; Minor Revisions; Final Site Plan. The development authorized by this Agreement is depicted on the Conceptual Site Plan prepared by Nichols, Brosch, Wurst, Wolfe & Associates, Inc., (the "Conceptual Site Plan"), attached hereto as Exhibit C. The Conceptual Site Plan is hereby approved by the County, a final approval of the site plan will be required as part of a Major Conditional Use Permit pursuant to Monroe County Code sections 130-81 and 110-70; However, that the final site plan submitted for building permits may slightly deviate from the Conceptual Site Plan to accommodate: (1) refinements to the development plan made by the Developer, including minor configuration of structures, roadways, parking areas, pathways, and swimming pool(s); Q changes to the proposed Residential Dwelling units, Hotel, pool, recreation and accessory uses so long as the density and intensity set forth in the Agreement is not exceeded or (3) to accommodate minor modifications that are necessary to meet regulatory requirements. The Final Site Plan will meet all applicable requirements established in Monroe County Code and such requirements shall not be varied unless Owner obtains a variance pursuant to applicable provisions of the Monroe County Code. J. Required Approvals. The following list of all development approvals and permits approved or needed to be approved for the redevelopment of the Property, as specified in this Agreement: A Major Conditional Use Approval for the development contemplated herein; and 2. One or more Minor Conditional Use Approvals for the transfer of TREs and TDRs contemplated herein; 3. A Land Use District (zoning) Map amendment approval changing the property from Mixed -Use Commercial to Destination Resort; 4. A vacation rental permit or a vacation rental permit exemption; 5. Building permits will be required for the development contemplated herein. The development shall be consistent with all applicable codes, including but not limited to the Monroe County Comprehensive Plan and Monroe County Code. K. Finding of Consistency. By entering into this Agreement, Monroe County finds that the development permitted or proposed herein is consistent with and furthers Monroe County's Comprehensive Plan and Land Development Code. 1. This finding of consistency is contingent on the approval of the Land Use District (zoning) Map amendment approval changing the property from Mixed -Use Commercial to Destination Resort. 00224701-v10 SIHYC Development Agreement 01/2022 Page 13 of 20 L. Breach, Amendment, Enforcement, and Termination. 1. Material Breach. A material breach by the Parties is the failure of any Party to comply with the terms of this Agreement after Notice as provided herein. 2. Notice. Upon any Party's material breach of the terms and conditions of this Agreement, the non -breaching Party/s shall serve written notice on and shall provide the opportunity, within ninety (90) days, to propose a method of fulfilling the Agreement's terms and conditions or curing the breach. All Parties shall be provided an additional ninety (90) days to cure the material breach or to negotiate an amendment to this Agreement within a reasonable time, as mutually agreed to by the Parties. Amendment or Termination. The Parties hereto shall at all times adhere to the terms and conditions of this Agreement. Amendment, termination, extension, or revocation of this Agreement shall be made in accordance with the notification and procedural requirements set forth herein. a. Amendments to this Agreement shall subject the Parties to the laws and policies in effect at the time of the amendment only if the conditions of Section 163.3233(2), Florida Statutes, are met. b. No modifications, extensions, amendments, or alterations of the terms or conditions contained herein shall be effective unless contained in a written document approved and executed by the Parties. c. Amendment, extension or termination shall require at least two (2) public hearings. The hearings shall be held pursuant to an application filed with Monroe County by the Party seeking to amend or terminate this Agreement, along with the requisite filing fee. Notice of public hearing shall be in accordance with Monroe County Ordinances and Florida Statutes. 4. Enforcement. a. After notice and an opportunity to respond and/or cure the material breach as provided for below. In addition, Monroe County may utilize appropriate code enforcement remedies to cure any breach after notice and an opportunity to cure as provided herein. b. The Parties, their successors or assigns, or any aggrieved or any adversely affected person as defined in Section 163.3215(2), Florida Statutes, may file an action for injunctive relief in the Circuit Court of Monroe County to enforce the terms of this Agreement or to challenge compliance with the provisions of Sections 163.3243, Florida Statutes. c. Nothing contained herein shall limit any other powers, rights, or remedies that either Party has, or may have in the future, to enforce the terms of this Agreement. 00224701 -v 10 SIHYC Development Agreement 01/2022 Page 14 of 20 M. State and Federal Law. If State or Federal laws enacted after the effective date of this Agreement preclude the Parties' compliance with the terms of this Agreement, this Agreement shall be modified as is necessary to comply with the relevant State or Federal laws. N. Compliance with Other Laws. The failure of this Agreement to address a particular permit, condition, term, or restriction shall not relieve the Parties of the necessity of complying with the laws governing said permitting requirements, conditions, terms or restrictions. O. Reservation of Rights. This Agreement shall not affect any rights, which may have accrued to any party to this Agreement under applicable law. Both Monroe County and the Parties reserve any and all such rights. All approvals referenced in this Agreement are subordinate to compliance with all applicable laws, codes, and land development regulations and permits, except to the extent otherwise provided for in this Agreement. P. No Permit. This Agreement is not and shall not be construed as a Development Permit, Development Approval or authorization to commence development, nor shall it relieve the Parties of the obligations to obtain necessary Development Approvals that are required under applicable law and under and pursuant to the terms of this Agreement and Monroe County Code. Q. Good Faith; Further Assurances; No Cost. The Parties to this Agreement have negotiated in good faith. It is the intent and agreement of the Parties that they shall cooperate with each other in good faith to effectuate the purposes and intent of, and to satisfy their obligations under, this Agreement in order to secure to themselves the mutual benefits created under this Agreement. The Parties agree to execute such further documents as may be reasonably necessary to effectuate the provisions of this Agreement; provided that the foregoing shall in no way be deemed to inhibit, restrict or require the exercise of Monroe County's police power or actions of Monroe County when acting in a quasi-judicial capacity. Wherever in this Agreement a provision requires cooperation, good faith or similar effort to be undertaken at no cost to a party, the party co-operating, reviewing or undertaking the effort shall, nonetheless, bear its cost of attendance at meetings, hearings or proceedings and comment and/or execution of documents, inclusive of the expense of its counsel. R. Successors and Assigns. This Agreement shall constitute a covenant running with the land, which shall be binding upon the Parties hereto, their successors in interest, heirs, assigns, and personal representatives. S. Joint Preparation. This Agreement has been drafted with the participation of Monroe County and SH Marina and their counsel and shall not be construed against any party on account of draftsmanship. The captions of each article, section and subsection contained in this Agreement are for ease of reference only and shall not 00224701 -v 10 SIHYC Development Agreement 01/2022 Page 15 of 20 affect the interpretational meaning of this Agreement. Whenever the term "included" is used in this Agreement, it shall mean that the included items, or terms are included without limitation as to any other items or terms, which may fall within the listed category. T. Notices. All notices, demands, requests, or replies provided for or permitted by this Agreement shall be in writing and may be delivered by any one of the following methods: (a) by personal delivery; (b) by deposit with the United States Postal Service as Certified or Registered mail, return receipt requested, postage prepaid, to the addresses stated below; or (c) by deposit with an overnight express delivery service with proof of receipt. Notice shall be deemed effective upon receipt. For purposes of notice, demand, request, or replies: The address of Monroe County shall be: County Administrator 1100 Simonton Street Room 2-205 Key West, Florida 33040 with a copy to: Assistant County Attorney PO BOX 1026 Key West, FL 33041 and 1111 12th Street Suite 408 Key West, Florida 33040 The Address of SH Marinas 6000, LLC, a Florida limited liability company shall be: Robert Spottswood 506 Fleming Street Key West, Florida 33040 with a copy to: Smith Hawks, PL 138 Simonton Street Key West, FL 33040 It is the responsibility of the Parties to notify all Parties of change in name or address for proper notice. 00224701 - v 10 SIHYC Development Agreement 01/2022 Page 16 of 20 U. Force Majeure. Any prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts of God, inability to obtain labor or materials or reasonable substitutes therefore, riot, civil commotion, fire or other casualty and other causes beyond the reasonable control of the party obligated to perform, excluding the financial inability of such party to perform and excluding delays resulting from appeals or rehearing, shall excuse the performance by such party for a period equal to any such period of prevention, delay or stoppage. In order to avail itself of this force majeure provision, the party invoking the same shall provide the other party with a written notice that shall consist of a recitation of all events that constitute force majeure events under this Section, together with the beginning and ending dates of such events. V. Construction. 1. This Agreement shall be construed in accordance and with the laws of the State of Florida. The Parties to this Agreement have participated fully in the negotiation and preparation hereof; the interpretation of this instrument and all Comprehensive Plan policies, objectives, and provisions, provisions of the Florida Statutes, and all provisions of the Monroe County Codes, shall be construed in favor of Monroe County, and such construction shall be entitled to great weight in any adversarial administrative proceedings, at trial, in bankruptcy, and on appeal. . 2. In construing this Agreement, the use of any gender shall include every other and all genders, and captions and section and paragraph headings shall be disregarded. Approval of the Development Agreement does not constitute a grant of recognition of detrimental reliance, vested rights, and neither constitutes a form of precedent nor shall a third -party natural or legal person be entitled to rely upon the terms or provisions of this agreement to enforce or attempt to enforce any third -party claims or entitlements under any terms or provisions hereunder or contemplated hereunder. 4. All of the exhibits attached to this Agreement are incorporated fully, and made a part of, this Agreement. W. Omissions. The Parties hereto recognize and agree that the failure of this Agreement to address a particular permit, condition, terms, or restriction shall not relieve either Party of the necessity of complying with the law governing said permitting requirements, conditions, term, or restriction notwithstanding any such omission. X. Jurisdiction and Governing Law. The Parties hereto agree that any and all suits or actions at law shall be brought in Monroe County, Florida, and no other 00224701- v 10 SIHYC Development Agreement 01/2022 Page 17 of 20 jurisdiction. This Agreement shall be construed and interpreted under the laws of the State of Florida. This Agreement is not subject to arbitration. Y. Litigation. The Parties agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, court costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. This Agreement is not subject to arbitration. Z. Time of Essence. Time shall be of the essence for each and every provision hereof. AA. Entire Agreement. This Agreement, together with the documents referenced herein, constitute the entire agreement and understanding among the Parties with respect to the subject matter hereof, and there are no other agreements, representations or warranties other than as set forth herein. This Agreement may not be changed, altered or modified except by an instrument in writing signed by the Party against whom enforcement of such change would be sought and subject to the requirements for the amendment of development agreements in the Act. BB. Counterparts. This Agreement may be executed in one or more counterparts, and by the different Parties hereto in separate counterparts, each of which when executed shall be deemed to be an original but all of which taken together shall constitute one and the same agreement. CC. Recording. Monroe County shall record this Agreement with the Clerk of the Circuit Court of Monroe County within fourteen (14) days following signature by all Parties. SH Marina agrees that they shall be responsible for all recording fees and other related fees and costs related to the recording and delivery of this Agreement as described in this section. The provisions hereof shall remain in full force and effect during the term hereof and shall be binding upon all successors in Interest to the Parties to this Agreement. Whenever an extension of any deadline is permitted or provided for under the terms of this Agreement, at the request of either Party, the other Parties shall join in a short -form recordable memorandum confirming such extension that shall be recorded in the Public Records of Monroe County. DD. Conflicting Resolutions. All resolutions or parts thereof in conflict with the provisions of this Agreement and its resolution are hereby repealed to the extent of such conflict. EE. Severability. If any part of this Agreement is contrary to, prohibited by, or deemed invalid under any applicable law or regulation, such provisions shall be 00224701-v10 SIHYC Development Agreement 01/2022 Page 18 of 20 inapplicable and deemed omitted to the extent so contrary, prohibited, or invalid; however, the remainder here shall not be invalidated thereby and shall be given full force and effect. FF. Effective Date. The "Effective Date" of this Agreement shall not be before the associated Land Use District Map Amendment to Destination Resort (DR) Zoning becomes effective and is at least thirty (30) days after the duly signed and recorded Agreement is received by the Florida Department of Community Affairs pursuant to Chapter 380, Florida Statutes. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW 00224701 -v 10 SIHYC Development Agreement 01/2022 Page 19 of 20 IN WITNESS WHEREOF, the Parties hereto have set their hands and seals on the day and year below written. Sign, sealed, and delivered in the presence of- 0 61;A03UnoQ� Signature eaviria �rimub-Crow Name of Witness (printed or typed) 6�" / 12 Signature DlANEZ CASMID Name of Witness (printed or typed) STATE OF FLORIDA COUNTY OF MONROE SH Marinas 6000, LLC, a Florida limited liability company. SH Marinas Manager, LLC, a Florida li ted l' bil' co pany, Manager BY: Robert A. Spottswood, as Manager Dated: z 11011n0.9. MONROE COU P RN ARPR R ERT'S.-SALLIINNGEER, JR. The foregoing instrument was acknowledged before me this /0 ay of �, 2022, by Robert A. Spottswood, as manager of SH Marinas Manager, LLC, a Florida limited liability company, Manager of SH Marinas 6000, LLC a Florida limited liability company. He is ersonally known to me, OR ❑ produced and ❑ did OR ❑ did not take an oath. (SEAL) DIANET.O #9219 * MLLO commission* DeCe►'n 2025 ber 3, KEVIN MADOK, CLERK AS as identification a""4j"W, . Notary Pub ic, State of Florida DUWE T. CAMLLO Name Commission expires: BOARD OF COUNTY COMMISSIONERS OF MONROE COJJWTY, FLORIDA t '1611 el MAYOR DAV` RICE g12-.(tiz 00224701 - v 10 SIHYC Development Agreement 01/2022 Page 20 of 20 Page 4 of 8 Exhibit A Legal Description Doca 2211586 Bkp 2954 PgN 818 EXHIBIT A Description of the Property Par On the island known as stock island and described according to George L. McDonald's plat of a part of said stock island, recorded in Plat Book Number one (1), Page 55, Monroe County, Florida public records, as follows: Lots five (5) and six (6) in Block Sixty-one (61); together with any riparian rights thereunto belonging or in anywise appertaining. Also a parcel of bay bottom land in the Straits of Florida, South of and adjacent to Lots 5 and 6, Block 61 of the plat of stock island, Monroe County, Florida and being recorded in Plat Book 1, Page 55 of the public records of Monroe County, Florida, and being more particularly described by metes and bounds as follows: Commencing at the Northwest corner of said Block 61 of the plat of stock island, bear East for a distance of 400.00 feet to a point; thence bear South for a distance of 255.20 feet to the point of beginning of the parcel of bay bottom land hereinafter described, said point of beginning also being on the shoreline of the straits of Florida; from said point of beginning, continue bearing South for a distance of 2178 feet, more or less, to a point; thence at right angles and East for a distance of 200 feet to a point; thence at right angles and North for a distance of 2178 feet, more or less, back to a point on the shoreline; thence meander to the shoreline in a Westerly direction for a distance of 200 feet, more or less, back to the point of beginning. Lying and being in Section 35, Township 67 South, Range 25 East, Monroe County, Florida. Parcel B: On the island known as stock island and described according to George L. McDonald's plat of a part of said stock island, recorded in Plat Book 1, Page 55 of the public records of Monroe County, Florida, as follows: Lot 7 in Block 61, commencing at a point on Peninsular Avenue, 600 feet from the corner of Peninsular Avenue, and Maloney Avenue, running thence along Peninsular Avenue, in a Easterly direction 200 feet and extending back at both ends of said line and at right angles to said Peninsular Avenue, in a Southerly direction to the waters of the gulf. Also, A parcel of Submerged land in Hawk Channel in Section 36, Township 67 South, Range 25 East, Monroe County, Florida, more particularly described as follows: Beginning at the Northeast corner of Lot 7, Block 61, of a plat titled "All Lots 1, 2, 3, 5, 6, Section 35; Lot 2 Section 36; Lot 3, Section 26; Lot 2, Section 34; Stock Island, Township 67 South, Range 25 East." Recorded in Plat Book 1, Page 55 of the public records of Monroe County, Florida, run East, for a distance of 420 feet. Thence run South for a distance of 820 feet, thence run West for a distance of 620 feet, thence run North, for a distance of 500 feet, more or less to the Southwest corner of said Lot 7, Block 61; thence meander the shoreline of said Lot 7, Block 61, in an Easterly and Northerly direction back to the point of beginning. Parcel : A parcel of land, and a portion of a Harbor, located in Section 36, Township 67 South, Range 25 East, Page 4 of 8 4810-8258-5224.2 117247209.5 https:Hor.monroe-clerk.com/LandmarkWeb//DocumentIGetDocumentForPrintPNG/?revue... 1/31 /2022 Page 5 of 8 Doc# 2211586 Bk# 2954 P5# Big Stock Island, Monroe County, Florida, and being more particularly described as follows: Commence at the Southeasterly corner of Maloney Avenue and Peninsular Avenue, Stock Island, Monroe, County, Florida; thence East along the South right-of-way of Peninsular Avenue for 1220.12 feet; thence South 237.09 feet to the mean water line of Boca Chica Channel (Straits of Florida), as established on February 6-8, 1984 in accordance with Chapter 177, Part II of the laws of Florida (N.G.V.D. Elev. 0.78), and the point of beginning; thence meander said mean high water line in a Southeasterly and Southwesterly direction with the following metes and bounds; South 240 04' 03" East for 41.69 feet; thence South 620 38' 11" East for 19.12 feet; thence South 010 41' 49" East for 10.59 feet; thence South 240 28' 37" East for 28.04 feet; thence South 620 09' 03" East for 39.39 feet; thence South 030 24' 06" East for 30.50 feet; thence South 250 36' 43" East for 159.75 feet; thence South 740 09' 24" West for 41.92 feet; thence South 210 26' 38" West for 57.27 feet; thence South 100 09' 39" East for 15.15 feet; thence leaving said mean high water line, West for 93.01 feet; thence North 355.51 feet to the point of beginning. Parcel D: A line meandering the Riparian Upland parcel, which was filled prior to July 01, 1975, lying on and adjacent to the Straits of Florida in Section 36, Township 67 South, Range 25 East, Stock Island, Monroe County, Florida and being more particularly described as follows: Commence at the Northwest comer of Lot 1, Block 61, "George L. McDonald's plat of Stock Island" according to the plat thereof, as recorded in Plat Book 1, Page 55 of the public records of Monroe County, Florida, said point also being the intersection of the Southerly right of way line of Peninsular Avenue and the Easterly right of way of Maloney Avenue; thence East along the said Southerly right of way line Peninsular Avenue for 1220.12 feet; thence South for 820.00 feet; thence North 901 00' 00" West a distance of 253.94 feet to the mean high water line lying along a concrete seawall; thence West a distance of 270.51 feet to the mean high water line of the Straits of Florida and the point of beginning; thence meander the said mean high water line (elevation 0.78 as located on February 6-8, 1984) for the following metes and bounds thence South 06139' 55" East a distance of 13.57 feet; thence South 01° 24' 10" West a distance of 23.35 feet; thence South 220 37' 25" West a distance of 26.52 feet; thence South 370 58' 46" West a distance of 7.90 feet; thence South 200 19' 26" West a distance of 38.26 feet; thence South 60° 38' 26" east a distance of 19.18 feet; thence South 060 04' 23" West a distance of 15.61 feet; thence South 850 05' 18" West a distance of 28.79 feet; thence South 21° 19' 54" West a distance of 96.92 feet; thence South 120 39' 37" East a distance of 76.34 feet; thence South 410 05' 57" East a distance of 57.42 feet; thence South 440 50' 22" East a distance of 53.30 feet; thence South 680'57' 35" East a distance of 41.86 feet; thence South 190 23' 41" East a distance of 28.68 feet, thence South 520 51' 02" East a distance of 48.91 feet; thence South 280 11' 22" East a distance of 70.63 feet; thence South 68° 54' 31" East a distance of 43.30 feet; thence North 850 09 12" east a distance of 40.22 feet; thence North 860 54' 27" east a distance of 66.20 feet; thence South 380 5733" east a distance of 57.90 feet; thence North 760 13' 35" East a distance of 58.49 feet; thence North 650 57' 31" East a distance of 117.63 feet; thence North 59' 25' 13" East a distance of 97.46 feet; thence North 380 31' 22" East a distance of 75.96 feet; thence North 380 41' 03" East a distance of 43.44 feet; thence North 30° 02' 00" East a distance of 78.59 feet; thence North 200 30' 15" East a distance of 86.15 feet; thence North 140 41' 49" East a distance of 44.12 feet; thence North 630 36' 44" West a distance Of 32.35 feet; thence South 690 54' 51" West a distance of 32.61 feet; thence South 220 01' 01" West a distance of 40.70 feet; thence South 28° 05' 52" West a distance of 74.87 feet; thence South 310 16' 23" West a distance of 105.45 feet; thence South 090 58' 35" West a distance of 26.65 feet; thence South 56136'51" West a distance of 52.92 feet; thence South 67051'11" West a distance of 157.26 feet; thence South 68036'57" West a distance of 49.19 feet; thence North 84043'18" West a distance of 89.46 feet; thence North 61055'36" West a distance of 116.39 feet; thence North 4300523" West a distance of 164.87 feet; thence North 24000'54" West a distance of 53.88 feet; thence North 02°23'52" East a distance of 65.21 feet; thence north 04°46'21" East a distance of 59.18 feet; thence North 44047'37" East a distance of 14.49 Page 5 of 8 4810-8258-5224.2 117247209.5 https:Hor.monroe-clerk.com/LandmarkWeb//Document/GetDocumentForPrintPNG/?reque... 1 /31 /2022 Page 6 of 8 DoeN 2211586 Bkp 2954 P90 820 feet; thence North 87105'57" East a distance of 7.84 feet; thence North 54°52'52" East a distance of 61.46 feet; thence North 45022-45" East a distance of 43.01 feet; thence North 60113'02" East a distance of 19.78 feet; thence North 7601721" East a distance of 15.54 feet; thence South 89°14'33" East a distance of 23.37 feet; thence South 76101'39" East, a distance of 19.75 feet; thence North 83130'30" East a distance of 7.49 feet; thence North 71047'24" East a distance of 31.99 feet; thence North 68011'08" East a distance of 30.92 feet; thence North 55017'15" East a distance of 19.50 feet; thence South 33018'08" East a distance of 3.93 feet; thence North 57016'39" East a distance of 22.00 feet; thence North 36135'34" West a distance of 9.58 feet; thence West for 270.51 feet to the point of beginning. Parcel G: A parcel of land in Section 36, Township 67 South, Range 25 East, Stock Island, Monroe County, Florida and being more particularly described as follows: Commence at the Southeasterly corner of Maloney Avenue and Peninsular Avenue, Stock Island, Monroe County, Florida; thence East along the South right-of-way of Peninsular Avenue for 1,220.12 feet; thence South 592.60 feet to the point of beginning; thence continue South 227.40 feet to the mean high water line of Lagoon and Boca Chica Channel (Straits of Florida), as established on Feb 6-8, 1984 in accordance with Chapter 177, Part II of the Laws of Florida (N.G.V.D., Elev 0.78); thence meander said mean high water line in a Southeasterly, Easterly, and Northerly direction with the following metes and bounds; South 80°38'33" East for 26.87 feet; thence South 73046'26" East for 57.64 feet; thence South 35025'39" East for 37.75 feet; thence North 85049'19" East for 28.40 feet; thence North 15018'51" East for 32.71 feet; thence North 06019'23" East for 59.65 feet; thence North 09019'59" West for 13.07 feet; thence North 23050'47" West for 36.82 feet; thence North 171154'54" West for 89.86 feet; thence North 10009'40" West for 54.51 feet; thence leaving said mean high water line, West for 93.01 feet to the point of beginning. Less and except Key West Harbour Condominium (f/k/a Key West Harbour Yacht Club, a Condominium), pursuant to Amended and Restated Declaration of Condominium for Key West Harbour Condominium, and any exhibits annexed thereto, recorded in Official Records Book 2632, Page 1581, and First Amendment to Amended and Restated Declaration of Condominium recorded in Official Records Book 2762, Page 1534, according to the public records of Monroe County, Florida. AND UNIT WS-32 AND UNIT B1-1-1-20 OF KEY WEST HARBOUR CONDOMINIUM (F/K/A KEY WEST HARBOUR YACHT CLUB, A CONDOMINIUM), PURSUANT TO AMENDED AND RESTATED DECLARATION OF CONDOMINIUM FOR KEY WEST HARBOUR CONDOMINIUM, AND ANY EXHIBITS ANNEXED THERETO, RECORDED IN OFFICIAL RECORDS BOOK 2632, PAGE 1581, AND FIRST AMENDMENT TO AMENDED AND RESTATED DECLARATION OF CONDOMINIUM RECORDED IN OFFICIAL RECORDS BOOK 2762, PAGE 1534, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, TOGETHER WITH AN UNDIVIDED PERCENTAGE INTEREST IN THE COMMON ELEMENTS APPURTENANT THERETO, AS SET FORTH IN THE SAID DECLARATION. Page 6 of 8 4810-8258-5224.2 117247209.5 https:Hor.monroe-clerk.com/LandmarkWeb//Document/GetDocumentForPrintPNG/?reque... 1 /31 /2022 Exhibit B Warranty Deed Page 1 of 8 Docp 2211586 03/19/2019 3:51PM Filed & Recorded in Official Records of MONROE COUNTY KEVIN MADOK This instrument prepared by 03/ 19/2019 3:51pr1 andretum to: DEED DOC STAMP CL: Brit $238,231.00 Robert H. Gebaide, Esq. DocU 2211586 BAKER & HOSTETLER LLP Bk1t 2954 P9p 815 2300 Sun Trust Center 290 South OrdngeAvenue Post Office Box 112 Orlando, Florida 32802-0112 Telephone: (407) 6494000 Parcel ID Nos.: 00127480-000000; 00127475-000132; and 00127477-000101through 00127477-000116; and 00127477-000119;and 00127477-000121through 00 127477-000123; and 00127471-000120 Consideration: $34,033,000.00 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED, made and executed on March 15 2019, by Key West Marina Investments, L.L.C., a Florida limited liability company (hereinafter referred to as the "Grantor"), whose address is 1 ] 14 Avenue of the Americas, 391" Floor, New York, NY 10036, to SH Marinas 6000, LLC, a Florida limited liability company (hereinafter referred to as the "Grantee"), whose address is 506 Fleming Street, Key West, Florida 33040. Wherever used herein the term "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations, partnerships (includingjoint ventures, public bodies and quasi public bodies) WITNESSETH: THAT Grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant, bargain, sell, alienate, remise, release, convey, and transfer unto Grantee, all of that certain land lying and being in the County of Monroe, State of Florida, to -wit: See Exhibit "A" attached hereto and made a part hereof by reference (hereinafter referred to as the "Property"). TOGETHER with all buildings, structures, and improvements thereon and all of the rights, privileges, appurtenances, hereditaments, easements, reversions, and remainders pertaining to or used in connection therewith, including, without limitation, all strips and gores, streets, alleys, easements, rights - of -way, public ways, or other rights appurtenant, adjacent, or connected thereto. TO HAVE AND TO HOLD the same in fee simple forever, subject to (i) taxes for the year of this instrument and thereafter; (ii) zoning and other use restrictions, conditions, or requirements now or hereafter imposed by governmental authorities; and (iii) without re -imposing same, those matters appearing on Exhibit "B" attached hereto and by this reference made a part hereof ((i) through (iii), collectively, "Permitted Exceptions"). Page 1 of 8 117247209A https://or.monroe-clerk.com/LandmarkWeb//Document/GetDocumentForPrintPNG/?reque... 1 /31 /2022 Page 2 of 8 Doep 2211586 Bkp 2954 PgO 816 FURTHER, Grantor hereby covenants with and warrants to Grantee that Grantor is lawfully seized of the Property in fee simple; and that Grantor has good, right and lawful authority to sell and convey the Property, and hereby specially warrants the title to the Property and will defend the same against the lawful claims of all persons whomsoever claiming by, through or under Grantor, but no one else, subject to the Permitted Exceptions. [Signatures on following page.] Page 2 of 8 4810-8258-5224.4 https://or.monroe-clerk.comlLandmarkWeb//Document/GetDocumentForPrintPNG/?reque... 1 /31 /2022 Page 3 of 8 Open 2211586 BkN 2954 P90 817 IN WITNESS WHEREOF, Grantor has caused this Special Warranty Deed to be duly executed as of the day and year first above written. Signed, sealed and delivered in our presence: Print �ame: R F� L -N* Print Name:thr� r t Te nn e y STATE OF L" t7NL ) COUNTY OF PJ�AJ ow- ) Key West Marina Investments, L.L.C., a Florida limited liability company Name: Adam Matos Title: Senior Vice President The foregoing instrument was acknowledged before me this 7 day of t AOLC 2019, by Adam Matos, as Senior Vice President of Key West Marina Investments, L.L.C., a Florida limited liability company, on behalf thereof. Heis personally known to me, or [ ] produced as identification. Not ub (Affix Notary Seal) tnt Name: My Commission expires: Jesus Rosado Notary Publlc, State o1 Now York No. 01RQ8242246 Qualified in Bronx County Commission Expires May 31, 20 19 https:Hor.monroe-clerk.comlLandmarkWeb//Document/GetDocumentForPrintPNG/?reque... 1 /31 /2022 Page 4 of 8 Doca 2211586 Bkp 2954 Pgp 818 EXHIBIT A Description of the Property Parcel A: On the Island known as stock island and described according to George L. McDonald's plat of a part of said stock island, recorded in Plat Book Number one (1), Page 55, Monroe County, Florida public records, as follows: Lots five (5) and six (6) in Block Sixty-one (61); together with any riparian rights thereunto belonging or in anywise appertaining. Also a parcel of bay bottom land in the Straits of Florida, South of and adjacent to Lots 5 and 6, Block 61 of the plat of stock Island, Monroe County, Florida and being recorded in Plat Book 1, Page 55 of the public records of Monroe County, Florida, and being more particularly described by metes and bounds as follows: Commencing at the Northwest corner of said Block 61 of the plat of stock island, bear East for a distance of 400.00 feet to a point; thence bear South for a distance of 255.20 feet to the point of beginning of the parcel of bay bottom land hereinafter described, said point of beginning also being on the shoreline of the straits of Florida; from said point of beginning, continue bearing South for a distance of 2178 feet, more or less, to a point; thence at right angles and East for a distance of 200 feet to a point; thence at right angles and North for a distance of 2178 feet, more or less, back to a point on the shoreline; thence meander to the shoreline in a Westerly direction for a distance of 200 feet, more or less, back to the point of beginning. Lying and being in Section 35, Township 67 South, Range 25 East, Monroe County, Florida. Parcel B: On the island known as stock island and described according to George L. McDonald's plat of a part of said stock island, recorded in Plat Book 1, Page 55 of the public records of Monroe County, Florida, as follows: Lot 7 in Block 61, commencing at a point on Peninsular Avenue, 600 feet from the corner of Peninsular Avenue, and Maloney Avenue, running thence along Peninsular Avenue, in a Easterly direction 200 feet and extending back at both ends of said line and at right angles to said Peninsular Avenue, in a Southerly direction to the waters of the gulf. Also, A parcel of Submerged land in Hawk Channel in Section 36, Township 67 South, Range 25 East, Monroe County, Florida, more particularly described as follows: Beginning at the Northeast corner of Lot 7, Block 61, of a plat titled "All Lots 1, 2, 3, 5, 6, Section 35; Lot 2 Section 36; Lot 3, Section 26; Lot 2, Section 34; Stock Island, Township 67 South, Range 25 East." Recorded in Plat Book 1, Page 55 of the public records of Monroe County, Florida, run East, for a distance of 420 feet. Thence run South for a distance of 820 feet, thence run West for a distance of 620 feet, thence run North, for a distance of 500 feet, more or less to the Southwest corner of said Lot 7, Block 61; thence meander the shoreline of said Lot 7, Block 61, in an Easterly and Northerly direction back to the point of beginning. Parcel A parcel of land, and a portion of a Harbor, located in Section 36, Township 67 South, Range 25 East, Page 4 of 8 4810-8258-5224.2 117247209.5 https:Hor.monroe-clerk.com/LandmarkWeb//DocumentIGetDocumentForPrintPNG/?reque... 1/31 /2022 Page 5 of 8 Doca 2211586 Bk# 2954 P90 819 Stock Island, Monroe County, Florida, and being more particularly described as follows: Commence at the Southeasterly corner of Maloney Avenue and Peninsular Avenue, Stock Island, Monroe, County, Florida; thence East along the South right-of-way of Peninsular Avenue for 1220.12 feet; thence South 237.09 feet to the mean water line of Boca Chica Channel (Straits of Florida), as established on February 6-8, 1984 in accordance with Chapter 177, Part II of the laws of Florida (N.G.V.D. Elev. 0.78), and the point of beginning; thence meander said mean high water line in a Southeasterly and Southwesterly direction with the following metes and bounds; South 240 04' 03" East for 41.69 feet; thence South 620 38' 11" East for 19.12 feet; thence South 010 41' 49" East for 10.59 feet; thence South 240 28' 37" East for 28.04 feet; thence South 620 09' 03" East for 39.39 feet; thence South 030 24' 06" East for 30.50 feet; thence South 250 36' 43" East for 159.75 feet; thence South 74° 09' 24" West for 41.92 feet; thence South 210 26' 38" West for 57.27 feet; thence South 100 09' 39" East for 15.15 feet; thence leaving said mean high water line, West for 93.01 feet; thence North 355.51 feet to the point of beginning. Parcel D: A line meandering the Riparian Upland parcel, which was filled prior to July 01, 1975, lying on and adjacent to the Straits of Florida in Section 36, Township 67 South, Range 25 East, Stock Island, Monroe County, Florida and being more particularly described as follows: Commence at the Northwest comer of Lot 1, Block 61, "George L. McDonald's plat of Stock Island" according to the plat thereof, as recorded in Plat Book 1, Page 55 of the public records of Monroe County, Florida, said point also being the intersection of the Southerly right of way line of Peninsular Avenue and the Easterly right of way of Maloney Avenue; thence East along the said Southerly right of way line Peninsular Avenue for 1220.12 feet; thence South for 820.00 feet; thence North 900 00' 00" West a distance of 253.94 feet to the mean high water line lying along a concrete seawall; thence West a distance of 270.51 feet to the mean high water line of the Straits of Florida and the point of beginning; thence meander the said mean high water line (elevation 0.78 as located on February 6-8, 1984) for the following metes and bounds thence South 060 39' 55" East a distance of 13.57 feet, thence South 010 24' 10" West a distance of 23.35 feet; thence South 220 37' 25" West a distance of 26.52 feet; thence South 370 58' 46" West a distance of 7.90 feet; thence South 200 19' 26" West a distance of 38.26 feet; thence South 600 38' 26" east a distance of 19.18 feet; thence South 060 04' 23" West a distance of 15.61 feet; thence South 850 05' 18" West a distance of 28.79 feet; thence South 210 19' 54" West a distance of 96.92 feet; thence South 120 39' 37" East a distance of 76.34 feet; thence South 411 05' 57" East a distance of 57.42 feet; thence South 440 50' 22" East a distance of 53.30 feet; thence South 680'57' 35" East a distance of 41.86 feet; thence South 191 23'41" East a distance of 28.68 feet; thence South 521 51' 02" East a distance of 48.91 feet; thence South 280 11' 22" East a distance of 70.63 feet; thence South 680 54' 31" East a distance of 43.30 feet; thence North 850 00' 12" east a distance of 40.22 feet; thence North 860 54' 27" east a distance of 66.20 feet; thence South 380 57' 33" east a distance of 57.90 feet; thence North 76' 13' 35" East a distance of 58,49 feet; thence North 650 57' 31" East a distance of 117.63 feet; thence North 590 25' 13" East a distance of 97.46 feet; thence North 380 31' 22" East a distance of 75.96 feet; thence North 38141' 03" East a distance of 43.44 feet; thence North 300 02' 00" East a distance of 78.59 feet; thence North 200 30' 15" East a distance of 86.15 feet; thence North 140 41' 49" East a distance of 44.12 feet; thence North 630 36' 44' West a distance Of 32.35 feet; thence South 690 54' 51" West a distance of 32.61 feet; thence South 220 01' 01" West a distance of 40.70 feet; thence South 280 05' 52" West a distance of 74.87 feet; thence South 310 16' 23" West a distance of 105.45 feet; thence South 090 58' 35" West a distance of 26.65 feet; thence South 5613651" West a distance of 52.92 feet; thence South 67051'11" West a distance of 157.26 feet; thence South 68036'57" West a distance of 49.19 feet; thence North 84043'18" West a distance of 89.46 feet; thence North 61055'36" West a distance of 116.39 feet; thence North 43105'23" West a distance of 164.87 feet; thence North 24000'54" West a distance of 53.88 feet; thence North 02023'52" East a distance of 65.21 feet; thence north 04046'21" East a distance of 59.18 feet; thence North 4404737" East a distance of 14.49 Page 5 of 8 4810.8258-5224.2 117247209.5 https:Hor.monroe-clerk.comlLandmarkWeb//Document/GetDocumentForPrintPNG/?reque... 1 /31 /2022 Page 6 of 8 DocP 2211566 BkN 2954 PgN 820 feet; thence North 87005'57" East a distance of 7.84 feet; thence North 54052'52" East a distance of 61.46 feet; thence North 45022'45" East a distance of 43.01 feet; thence North 60°13'02" East a distance of 19.78 feet; thence North 7601721" East a distance of 15.54 feet; thence South 89014'33" East a distance of 23.37 feet; thence South 76001'39" East, a distance of 19.75 feet; thence North 83030'30" East a distance of 7.49 feet; thence North 71047'24" East a distance of 31.99 feet; thence North 68011'08" East a distance of 30.92 feet; thence North 55°17'15" East a distance of 19.50 feet; thence South 33018'08" East a distance of 3.93 feet; thence North 57016'39" East a distance of 22.00 feet; thence North 36035'34" West a distance of 9.58 feet; thence West for 270.51 feet to the point of beginning. Parcel G: A parcel of land in Section 36, Township 67 South, Range 25 East, Stock Island, Monroe County, Florida and being more particularly described as follows: Commence at the Southeasterly corner of Maloney Avenue and Peninsular Avenue, Stock Island, Monroe County, Florida; thence East along the South right-of-way of Peninsular Avenue for 1,220,12 feet; thence South 592.60 feet to the point of beginning; thence continue South 227.40 feet to the mean high water line of Lagoon and Bop Chica Channel (Straits of Florida), as established on Feb 6-8, 1984 in accordance with Chapter 177, Part II of the Laws of Florida (N.G.V.D., Elev 0.78); thence meander said mean high water line in a Southeasterly, Easterly, and Northerly direction with the following metes and bounds; South 80038'33" East for 26.87 feet; thence South 73046'26" East for 57.64 feet; thence South 35125'39" East for 37.75 feet; thence North 85049'19" East for 28.40 feet; thence North 15018'51" East for 32.71 feet; thence North 06019'23" East for 59.65 feet; thence North 09019,59" West for 13.07 feet; thence North 23050'47" West for 36.82 feet; thence North 17054'54" West for 89.86 feet; thence North 10009'40" West for 54.51 feet; thence leaving said mean high water line, West for 93.01 feet to the point of beginning. Less and except Key West Harbour Condominium (f/k/a Key West Harbour Yacht Club, a Condominium), pursuant to Amended and Restated Declaration of Condominium for Key West Harbour Condominium, and any exhibits annexed thereto, recorded in Official Records Book 2632, Page 1581, and First Amendment to Amended and Restated Declaration of Condominium recorded in Official Records Book 2762, Page 1534, according to the public records of Monroe County, Florida. AND UNIT WS-32 AND UNIT Bl-Ll-20 OF KEY WEST HARBOUR CONDOMINIUM (F/K/A KEY WEST HARBOUR YACHT CLUB, A CONDOMINIUM), PURSUANT TO AMENDED AND RESTATED DECLARATION OF CONDOMINIUM FOR KEY WEST HARBOUR CONDOMINIUM, AND ANY EXHIBITS ANNEXED THERETO, RECORDED IN OFFICIAL RECORDS BOOK 2632, PAGE 1581, AND FIRST AMENDMENT TO AMENDED AND RESTATED DECLARATION OF CONDOMINIUM RECORDED IN OFFICIAL RECORDS BOOK 2762, PAGE 1534, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, TOGETHER WITH AN UNDIVIDED PERCENTAGE INTEREST IN THE COMMON ELEMENTS APPURTENANT THERETO, AS SET FORTH IN THE SAID DECLARATION. Page 6 of 8 4810-8258-5224.2 117247209.5 https://or.monroe-clerk.com/LandmarkWeb//Document/GetDocumentForPrintPNG/?reque... 1 /31 /2022 Page 7 of 8 Doep 2211586 Bkp 2954 P90 821 EXHIBIT B Permitted Exceptions 1. Taxes and assessments for the year 2019 and subsequent years, which are not yet due and payable. 2. Oil, gas and mineral reservations contained in Deed No 21117 from the Trustees of the Internal Improvement Fund of Florida, dated January 13, 1956, recorded January 23, 1956 in Book 53, page 327. Note: The right of entry has been released pursuant to §270.11 F.S. 3. Oil, gas and mineral reservations contained in Deed No 20903 from the Trustees of the Internal Improvement Fund of Florida, dated June 13, 1957, recorded March 24, 1969 in Book 427, page 1063. Note: The right of entry has been released pursuant to §270.11 F.S. 4. Oil, gas and mineral reservations contained in Deed No 26595 from the Trustees of the Internal Improvement Fund of Florida, dated January 28, 1986, recorded February 11, 1986 in Book 965, page 1029, as corrected by deed dated June 24, 1986, recorded July 14, 1986 in Book 981, page 544. Note: The right of entry has been released pursuant to §270.11 F.S. 5. License Agreement dated December 31, 1985, by and between E. J. Ming, Jr., Robert N. Ming and Donald L. Ming, doing business as Ming Partnership No. 2 and the State of Florida, Department of Natural Resources recorded February 11, 1986 in Book 965, page 1119. 6. Resolution No. 265-2004 of The Board of County Commissioners of Monroe County, Florida, Relating To The Provision of Wastewater Capacity; Imposing Annual Wastewater Assessments; Approving The Non -Ad Valorem Assessment Roll; Providing For Collection of The Waste Water Assessments, together with Utility Agreement and Consent and Acknowledgement; And Providing An Effective Date, recorded June 23, 2005 in Book 2126, page 511. 7. Planning Commission Resolution No. P11-07 Approving the request for an amendment to a Major Conditional Use Permit to Redevelop the Existing Marina as recorded May 25, 2007 in Book 2297, Page 789. 8. Easement granted to Comcast of California/Colorado/Florida/Oregon, Inc. by instrument recorded March 14, 2008 in Book 2350, Page 578. 9. Easement granted to The Utility Board of the City of Key West, Florida by instrument recorded April 29, 2008 in Book 2358, Page 628. 10. Flood Variance Affidavit as set forth in instrument recorded May 14, 2008 in Book 2361, Page 124. 11. Monroe County Moderate Affordable Housing Restrictive Covenant as set forth in instrument recorded June 6.2008 in Book 2365, Page 351. 12. Deed of Conservation Easement granted to Board of Trustees of the Internal Improvement Trust Fund of the State of Florida by instrument recorded June 6, 2008 in Book 2365, Page 486, an Corrective Deed of Conservation Easement recorded October 31, 2008 in Book 2386, Page 1972. (As to fee lands only) Page 7 of 8 4810-8258.5224.2 117247209.5 https:Hor.monroe-clerk.com/LandmarkWeb//Document/GetDocumentForPrintPNG/?reque... 1 /31 /2022 Page 8 of 8 Doeq 2211586 Bkp 2954 Pgp 822 13. Master Declaration of Covenants and Easements and Agreement for Shared Use for Key West Harbour, which contains provisions for a private charge or assessments, recorded June 7, 2013 in Book 2632, Page 1538, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). 14. Terms, provisions, restrictive covenants, conditions, reservations, rights, duties and easements contained in Certificate of Amendment Amended and Restated Declaration of Condominium for KEY WEST HARBOUR CONDOMINIUM, and any Exhibits annexed thereto, including, but not limited to, provisions for a private charge or assessments, recorded June 7, 2013 in Book 2632, Page 1581, as amended by: Certificate of Recording recorded August 6, 2013 in Book 2643, Page 904, and First Amendment to Amended and Restated Declaration of Condominium recorded September 29, 2015 in Book 2762, Page 1534 (as to Unit WS-32 and Unit B-1-L1-20 of Key West Harbour Condominium only). 15. Terms and conditions of the Sovereignty Submerged Lands Lease between the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida and Key West Marina Investments, LLC, a Florida limited liability company, as recorded October 29, 2018, in Book 2933, Page 1860, and as amended by Sovereignty Submerged Lands Lease Assignment to Reflect Change of Upland Ownership OR New Sovereignty Submerged Lands Lease, in favor of Grantee, to be recorded. 16. Easement granted to Florida Keys Aqueduct Authority by instrument recorded August 3, 2018 in Book 2920, Page 1210. 17. Terms and conditions of existing unrecorded lease with Boat Services Group, LLC, under that certain Restatement of Service Area Lease dated July 1, 2013, as amended, with no rights of purchase; and all rights of lessee and any parties claiming through the lessee under the lease. 18. Terms and conditions of existing unrecorded lease with Michael Gavito and Jo McKinney under Rental Agreement dated 1-1-2018, and as amended by Rental Agreement Addendum 2 dated November 26, 2018, as amended, with no rights of purchase; and all rights of lessee -and any parties claiming through the lessee under the lease. 19. Terms and conditions of existing unrecorded lease with the U.S. Government dated May 1, 2018, for one (1) boat slip, with no rights of purchase; and all rights of lessee and any parties claiming through the lessee under the lease. Page 8 of 8 OFFICIAL RECORDS 4810-82s8-5224.2 117247209.5 https:Hor.monroe-clerk.comlLandmarkW eb//Document/GetDocumentForPrintPNG/?reque... 1 /31 /2022 FUNRE GATEISIGNAGE-- - - AROPOSED CROWN- - - - - - - NG P �OFROAD(9.5NGVD) Exhibit C� Conceptual Site MEL .-.-- [�` _ I` yam— mega o.o Plan IF 4 , EXISTING BOAT BARN r ,I SHORELINE SETBACK PROPOSED 3 y STORY SHIP,, SHOP/ ' �� I G- u BHIP STORE / BREAKFASTAREA FUTURE - �" ,�) , �•, EJSIGNAGE, TO MET CODER EOUR ENTS I SHORELINE \ SETBACK •'"",i"��•1 �„ i I _ i SHORELINE1•.40 SETBACK 'v '^^- ARRIVAL DRNE PR OPOSEp 3 ST R, RESORT 0RY ,.;, I \ � v'�, o'• •4'OBSERVATIONAREA PROPOSED 3 STORY e �i .�■ •mair Menmm \ 2' •i.4 POOLAREA AREq ■ TOWNHOMES'�SEAC AR \a� _ m', \ MARINA OBSERVATIONAREA AMENTY (� yr BLDG. 'o C�OBSERVATION AREA _259EATS) FITNESS COURSE I ALONG CERSCENT / DOCKS \ 0, y✓- I I I i GRAPHIC SCALE: 1' = 80' - 0' I I - - - � 0 BO' 160' 240' 320' FUTURE GATEISIGNAGE SIGHT - - - - - - - - - - - - - - - - - PROPOSED GROWN- _MEEff0bE_REaURMENTBI6NGj_F_ OF ROAD 9.5 NGVD) uiI EXISTING BOAT BARN- 7 T1 PROPOSED � �'-MFIU STORY SHIP SHIP STORE BREAKFASTAREA 40 SHORELINE t -�� SETBACK—, SHORELINE SETBACK L V A 514 PROPOSED 3 STORY �/., `'�, ' -'' TOWNHOMES------,"-'--\ MARINA, AMENTY BLDG.! OBSERVATION AREA A I FITNESS COURSE ALONG CERSCENT DOCKS 11 J00 Exhibit QConceptual Site Plan II SHORELINE SETBACK FUTURE GATEISIGNAGE, TO MEET CODE REQUIRMENTS OBSERVATION AREA EAC AR (28 _S-TT ,i OBSERVATION AREA 801. 160, 240' 32V