02/16/2022 Development AgreementDoc # 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
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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
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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.
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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
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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.
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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.
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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
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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
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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:
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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;
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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;
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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:
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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
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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
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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
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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;
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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.
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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.
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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
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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.
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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
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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
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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
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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
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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,
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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
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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.
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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").
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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.]
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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
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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,
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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
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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.
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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)
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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.
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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