2nd Amendment 06/10/2015I SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
2 THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT ("Second
3 Amendment") is entered into by and between Monroe County, Florida, a Political Subdivision of
4 the State of Florida ("Monroe County"), Summerland Palms Investors, LLC, a Florida limited
5 liability company ("Summerland Palms"), Coco Palms Developers, LLC, a Florida limited
6 liability company, ("Coco Palms Developers"), Suncrest Investors, LLC, a Florida limited
7 liability company ("Suncrest") as successor in interest to Singh Investors, LLC and Suncrest
8 Landings, LLC, Florida limited liability companies, Stock Island Holdings LLC, a Florida
9 limited liability company ("SIH LLC") and Oceanside Investors, LLC, a Florida limited liability
10 company ("Oceanside Investors") (collectively, the "Parties") pursuant to Sections 110-132, 110-
11 133, 130-161.1 of the Monroe County, Florida Code of Ordinances ("Monroe County Code")
12 and the Florida Local Government Development Agreement Act, Florida Statutes Sections
13 163.3220-163.3243 (2013) and is binding on the "Effective Date" set forth herein.
14 WITNESSETH:
15 The Parties hereby agree as follows:
16 I. RECITALS
17 A. This Second Amendment involves the transfer of one (1) Transferable Residential Rate of
18 Growth Ordinance Exemption ("TRE"), from a Sender Site at 5350 3rd Ave, Stock Island,
19 Florida to the Oceanside Property, a Receiver Site, at 5948, 5950 and 5970 Peninsular Avenue,
20 Stock Island, Monroe County, Florida ("Oceanside Property"). The SIH LLC Property (as
21 defined below) shall be included in the definition "Properties" as defined in the Development
22 Agreement (as defined below). Any terms not defined in this Second Amendment shall have the
23 meanings ascribed to them in the Development Agreement.
24 B. All Parties have the authority to enter into this Second Amendment through Florida
25 Statutes Chapter 163 and the sole and undivided ownership of the Properties.
26 C. Section 163.3220, Florida Statutes, authorizes Monroe County to enter into development
27 agreements with landowners and/or governmental agencies to encourage a stronger commitment
28 to comprehensive and capital facilities planning, ensure the provision of adequate public
29 facilities for development, encourage the efficient use of resources, and reduce the economic cost
30 of development.
31 D. This Second Amendment and the Development Agreement, among other things, are
32 intended to, and shall constitute a development agreement among the Parties pursuant to the
33 Florida Local Government Development Agreement Act, Section 163.3223, et seq., Florida
34 Statutes ("Act").
35 E. The Parties recognize that the public noticing and hearing procedures shall follow the
36 requirements of Section 163.3225, Florida Statutes, which requires the local government to
37 conduct two public hearings, one of which may be before the Planning Commission.
38 F. Monroe County finds that entering into this Second Amendment furthers the purposes,
39 goals, objectives and policies of the Monroe County Comprehensive Plan which contains goals
40 and objectives that seek to encourage the provision of affordable housing through incentive
41 programs and regulations (including but not limited to Goal 601, Objective 601.1, Objective
42 601.2 and Objective 601.6).
43 G. The Parties, with the exception of Suncrest, but including Suncrest's predecessor in
44 interest, Suncrest Landing, LLC and Singh Investors, LLC, entered into a Development
45 Agreement with the County dated December 5, 2013 ("Original Development Agreement") and
46 the Parties, except for SIH LLC entered into a First Amendment to Development Agreement
47 with the County dated December 10, 2014 ("First Amendment" and with the Original
48 Development Agreement, collectively, the "Development Agreement'), providing for the
49 redevelopment of the Oceanside Property.
50 H. 5350 3rd Ave, Stock Island, Florida is generally described as follows:
51 1. SIH LLC owns that certain real property located at 5350 P Ave, Stock Island, Florida
52 ("SIH LLC Property"). A copy of the Warranty Deed evidencing SIH LLC's ownership is
53 attached as Exhibit 30. Historically and currently the SIH LLC Property was and is used as a unit
54 within a mobile home/recreational vehicle park.
55
56 2. The SIH LLC Property is legally described as Lots 19, 20, 21, 22, and 23 of Block 53,
57 according to George L. McDonald's plat on Stock Island, Monroe County, Florida recorded in
58 Plat Book 1, Page 55 of the Public Records of Monroe County, Florida. A complete legal
59 description is provided in the Warranty Deed attached as Exhibit 30.
60
61 3. As of the date of this Second Amendment, the SIH LLC Property is assessed by the
62 Monroe County Property Appraiser as real estate number 00126770-000000.
63
64 4. The SIH LLC Property currently has a Mixed Use (Zoning) District designation and a
65 Mixed Use/Commercial Future Land Use Map designation. A copy of the Land Use District Map
66 and Future Land Use Map for the SIH LLC Property is attached as Exhibit 31.
67
68 5. The SIH LLC Property currently has a Tier Overlay District designation of Tier III.
69
70 I. On March 18, 2015, Monroe County, pursuant to Monroe County Resolution 115-2015,
71 approved to be abandoned the right-of-way on Peninsula Avenue ("Tortuga Abandoned Road")
72 more particularly described as:
73
74 The Southerly 1/2 of Peninsular Avenue, lying between Block 46 and 60, South of the East
75 1/2 of Lot 32, Lots 33, 34, & 35 in Square 46, and North of a portion of Lot 2 and Lot 3,
76 Block 60, according to Maloney's subdivision of a part of Stock Island, Monroe County,
77 Florida, as recorded in Plat Book 1, Page 55, of the Public Records of Monroe County,
78 Florida, and being more particularly described as follows:
79
80 Commence at the Southeast corner of Lot 35 of said plat; thence South along the Westerly
81 Line of Maloney Ave. for a distance of 30.00 feet to the Point of Beginning; thence continue
2
82 South along the West line of Maloney Ave. for 30.00 feet to the Southerly line of Peninsular
83 Avenue; thence West along the said Southerly line of Peninsular Avenue (Also being the
84 Northerly line of said Lots 2 and 3, Block 60), for a distance of 175.00 feet to the Southerly
85 extension of the West Line of the East 1 /2 of said Lot 32, Block 46; thence North along the
86 said Westerly line of the East 1/2 of Lot 32 for 30.00 feet to the Centerline of Peninsular
87 Avenue; thence East along the said Centerline of Peninsular Avenue for 175.00 Feet to the
88 Point of Beginning. Containing 5,250.00 square feet, more or less.
89 A copy of Monroe County Resolution 115-2015 is attached as Exhibit 32.
90 II. PURPOSE
91 The overall purpose of this Second Amendment is to allow for a reasonable use of the SIH
92 LLC Property and Oceanside Property by allowing the transfer of the one (1) market -rate THE to
93 the eligible receiver site of Oceanside Property, while assuring preservation on the SIH LLC
94 Property of one (1) residential dwelling unit as affordable housing, and to include the Tortuga
95 Abandoned Road as part of the Oceanside Property receiver site
96 NOW, THEREFORE, the Second Amendment is approved as follows:
97 III. TERMS OF AGREEMENT
98 A. Recitals. The recitals explaining the intent and purpose of the Second Amendment as set
99 forth in the preceding clauses are incorporated herein and form a material part of the
100 Development Agreement and this Second Amendment. The Parties recognize the binding effect
101 of Fla. Stat. §§163.3220-163.3243, as to the form and content of the Development Agreement
102 and Second Amendment and in accordance therewith set forth and agree to the following.
103
104 B. Amendments. The Development Agreement is hereby amended as follows (additions
105 are underlined and deletions are stiuslc engh:
106
107
108 1. Section I.M.4. is hereby amended as follows:
109
110 The Cudjoe Coco Palms Property currently has Urban Residential Mobile Home
111 ("URM'), Native Area ("NA") and Suburban Commercial ("SC") Land Use
112 (Zoning) District designations and Mixed Use/Commercial ("MC"), Residential
113 Conservation ("RC") and Residential High
114 "RH" Future Land Use Map designations. A copy of the Land Use District Map
115 and Future Land Use Map for the Cudjoe Coco Palms Property is attached as
116 Exhibit 14.
117
118 2. Section II is hereby amended by inserting the following at the end of Section
119 II:
120 K. SIH LLC desires to transfer the THE rights ("SIH LLC THE") attributable
121 to one (1) lawfully -established and recognized market rate permanent residential
122 dwelling unit located on the SIH LLC Property, to the Oceanside Property.
123 Simultaneously therewilL SIH LLC agrees to deed restrict one (1) of the
124 residential dwellmg umts at the SIH LLC Property and to maintain that certain
125 residential dwelling unit as affordable housing_ pursuant to Monroe Countv Code
126 Section 130-161.1.
127
128 L. This Agreement will allow for a reasonable use of the SIH LLC Property and
129 Oceanside Property by allowing the transfer of one (1) market rate SIH LLC
130 THE to the eligible receiver site of Oceanside Property, while assuring
131 preservation on the SIH LLC Property of one (1) residential dwelling unit as
132 affordable housing.
133
134 3. Section III.B. is hereby amended as follows:
135
136 B. Legal Description and Ownership. The legal descriptions for the Properties
137 subject to this Agreement are set forth in Exhibits 2, 9, 13,and 17,24 26 and 30.
138
139 4. Section III.D.l.e. is hereby amended as follows:
140
141 e. The redevelopment of the Oceanside Property includes the addition of up to 74
142 79 new, market rate residential dwelling units, which may be used as vacation
143 rentals, up to 17 new hotel rooms, a new restaurant, and other improvements
144 related to the existing marina and accessory development. The residential density
145 would not exceed 480 101 permanent residential units and 17 transient units. Not
146 including accessory structures related to the residential uses, the nonresidential
147 intensity shall not exceed 40,000 square feet.
148
149 5. Section III.D.4.L is hereby amended as follows:
150
151 The Stock Island Suncrest Property shall be
152 developed with seven (7) mobile homes (or other allowed types of residential
153 dwelling units). All seven (7) residential dwelling units shall be deed -restricted as
154 affordable housing pursuant to the Monroe County Code.
155
156 6. Section III.D. is hereby amended by inserting the following at the end of
157 Section III.D.:
158 5. SIH LLC Property, 5350 3rd Ave Stock Island Florida:
159
4
160 a. The SIH LLC Pronerty currently has an Mixed Use (MU) (Zoning) District
161 designation and a Mixed Use/Commercial (MC) Future Land Use Man
162 designation.
163
164 b. In accordance with this Agreement and with the MC Future Land Use Map
165 category, as set forth in Monroe County Comprehensive Plan Policy 101.4.5,
166 the permitted uses in the MC Future Land Use Map category include detached
167 and attached residential dwellings and accessory uses Attached and detached
168 residential dwellings are eligible to be deed -restricted as affordable housing
169
170 c. In accordance with this Agreement and with the MU Land Use (Zoning)
171 District, as set forth in Monroe County Code Section 130 88 and in
172 compliance with other provisions of the Code the permitted uses in the MU
173 Land Use (Zoning) District include detached and attached residential
174 dwellings and accessory uses Attached and detached residential dwellings are
175 eligible to be deed -restricted as affordable housing.
176
177 e. The SIH LLC Property shall contain at least one (1) mobile home (or other
178 allowed tvpe of residential dwelling unit) One (1) residential dwelling unit on
179 the SIH LLC Property shall be deed -restricted as affordable housing_ pursuant
180 to the Monroe County Code
181
182 f. If the deed restricted mobile home on the SIH LLC Property is replaced with a
183 new residential dwelling unit the height of any new structure shall not exceed
184 35 feet, except as provided by Monroe County Code as amended.
185 7. Section III.E. is amended as follows:
186 Public Facilities. At the sender sites, Summerland Palms, Cudjoe Coco Palms,
187 SIH LLC Property and Stock Island Suncrest, there are no impacts on public
188 facilities since the number of residential dwelling units is derived from pre-
189 existing, lawfully -established mobile homes and the number of residential
190 dwelling units shall not be increased by approval and application of this
191 Agreement. Moreover, at the receiver site, Oceanside, the impact on public
192 facilities is nominal. The numbers of existing residential dwelling units at two of
193 the sender sites, Summerland Palms and Cudjoe Coco Palms, were recognized in
194 the planning for the sewage treatment plant serving the Cudjoe Regional Sewer
195 system. The number of existing residential dwelling units at the other sender sites,
196 Stock Island Suncrest and SIH LLC Property_, and the receiver site, Oceanside,
197 were recognized in the planning of the sewage treatment plant serving Stock
198 Island. The number of residential dwelling units at the receiver sites on Stock
199 Island was accounted for as existing in the data base prepared for the Monroe
200 County 2010 Comprehensive Plan.
201 8. Section III.E.4. is amended as follows:
202 The Oceanside Property, SIH LLC Property and Stock Island Suncrest Property
203 are connected to central sewer via KW Resort Utilities Corp.'s system. The
204 Summerland Palms Property and Cudjoe Coco Palms Property currently utilize
205 on -site systems. The Summerland Palms Property and Cudjoe Coco Palms
206 Property are scheduled to be connected to the Cudjoe Regional Sewer System.
207 9. Section III.G. is amended as follows:
208
209 Development Allowed. The following specific criteria are those which will guide
210 development of the Properties, and are standards by which any further approvals
211 shall be measured and shall be as follows:
212
213 a. The Oceanside Property consists of 20.06 20.20 gross acres consisting of
214 42:06 12.20 acres of upland and 8.0 acres of submerged land. There currently
215 exist twenty-two (22) market -rate residential dwelling units, in the form of
216 condominium units on the property.
217
218 b. Oceanside Investors is permitted to transfer thirty-two (32) market -rate
219 TRE's along with thirty-two (32) TDR's to the Oceanside Property pursuant to
220 the Development Order #02-07.
221
222 C. After an equivalent number of deed restricted affordable housing units are
223 established on the Summerland Palms Property, Summerland Investors is
224 permitted to transfer market -rate TRE's associated with lawfully established
225 mobile homes from the Summerland Palms Property sender site to the Oceanside
226 Property receiver site pursuant to Monroe County Code Section 130-161.1.
227
228 d. After an equivalent number of deed restricted affordable housing units are
229 established on the Cudjoe Coco Palms Property, Coco Palms Developers is
230 permitted to transfer the market -rate TRE's associated with lawfully established
231 mobile homes from the Cudjoe Coco Palms Property sender site to the Oceanside
232 Property receiver site pursuant to Monroe County Code Section 130-161.1.
233
234 e. After an equivalent number of deed restricted affordable housing units are
235 established on the Stock Island Suncrest Property, Suncrest is permitted to
236 transfer the market -rate TRE's associated with lawfully established mobile homes
237 from the Stock Island Suncrest Property sender site to the Oceanside Property
238 receiver site pursuant to Monroe County Code Section 130-161.1.
239
240 f. After one (1) deed restricted affordable housing unit is established on the
241 SIH LLC PropertySIH LLC is permitted to transfer the market rate THE
242 associated with a lawfully established mobile home from the SIH LLC Property_
243 sender site to the Oceanside Property receiver site pursuant to Monroe County
244 Code Section 130-161.1.
245
246 fl g_ Hawk's Cay has transferred to the Oceanside Property, and Oceanside
247 Investors is permitted to develop on the Oceanside Property, the Hawk's Cay
248 Vested Development Rights, consisting of twelve (12) bedrooms and twelve (12)
249 bathrooms.
250
251 &h. Provided such development can be designed and approved by all
252 applicable codes, including but not limited to the Monroe County Code and
253 Florida Building Code, Oceanside Investors is permitted to develop the following
254 buildings, facilities and structures on the Oceanside Property pursuant to this
255 Agreement:
256
257 i. In addition to the already existing twenty-two (22) attached, market -rate
258 residential dwelling units, up to se efA eight (78) seventy-nine 79) new
259 attached, market -rate residential dwelling units, each of which may be
260 configured to include a separately rentable "lockout" consisting of no more
261 than one (1) bedroom and one (1) bathroom, all of which may be used for
262 vacation rental use, provided Oceanside Investors constructs and 1) installs
263 and maintains a gated entrance and 2) establishes a homeowner's or property
264 owner's association that expressly regulates or manages vacation rental uses.
265
266 ii. A hotel with up to seventeen (17) new hotel rooms.
267
268 iii Eight (8) existing wet slips that have existed for over 40 years but have not
269 been properly permitted. Twenty percent (20%) of Oceanside Investors' wet
270 slips shall be restricted to use by commercial fishing vessels.
271
272 iv. A restaurant with up to 150 seats and up to 3,859 square feet of floor area.
273
274 v. Additional amenities ancillary and accessory to the vacation rental and hotel
275 use, including a lobby, gatehouse, offices, fitness center, bath house,
276 maintenance, housekeeping and watersports consisting of up to 9,352 square
277 feet as depicted on plans submitted with this Agreement.
278
279 vi. A marina store, dock master, and watersport offices consisting of up to 1,973
280 square feet as depicted on plans submitted with this Agreement.
281
282 vii. Parking areas and landscaping
283
284 viii. Public access is permitted to the Oceanside Property, Hickory House and
285 Abandoned Road waterfront boardwalk as depicted on the conceptual site
286 plan attached to this Agreement as Exhibit 29 33, which shall be open to the
287 public free of charge from 7:00 a.m. to dusk three hundred sixty-five (365)
288 days per year. Oceanside Investors may establish and enforce reasonable
289 rules related to use of the waterfront boardwalk and conduct by the public
290 while using the waterfront boardwalk from 7 a.m. to dusk. Oceanside
291 Investors agrees that no physical barrier may be erected to close off access or
7
292 create the appearance that. access during daylight hours is restricted. This
293 condition shall survive the expiration of the Agreement.
294
295 10. Section III.H.a. is amended as follows:
296
297 a. Vacation Rental use of each of Oceanside Property's seventy eight (78)
298 seven -nine (79) new attached market rate dwelling units, and of each
299 dwelling unit's lockout, shall be allowed, provided that the Oceanside
300 Property is operated as a gated community with an entrance gate and fence
301 surrounding the property and establishes a homeowner's or property
302 owner's association that expressly regulates or manages vacation rental
303 uses. Pursuant to Monroe County Code Section 101-1 "Definitions" a
304 vacation rental unit is defined as "an attached or detached dwelling unit
305 that is rented, leased or assigned for tenancies of less than 28 days
306 duration."
307
308 11. Section III.I. is hereby amended as follows:
309
310 J. Rental License. Monroe County Code Section 23-85 requires each person
311 engaged in the business of renting accommodations, including vacation rentals
312 and other public lodgings licensed pursuant to Chapter 509, Florida Statutes, to
313 pay a business tax and to obtain annually a business tax receipt for each place of
314 business at which the rental occurs. Each of the new seventy eight (?8) seventy-
315 nine 79 residential dwelling units and each of the lockouts within such units
316 engaged in Vacation Rental use shall be deemed a "place of business" subject to
317 taxation under Monroe County Code Section 23-85. Oceanside Investors, its
318 successors and assigns, so long as all or a portion of the property is used for
319 vacation rentals, shall pay the business tax imposed pursuant to Monroe County
320 Code Section 23-85 for each vacation rental unit and for each lockout utilized for
321 or held out as public lodging, in addition to the seventeen (17) hotel rooms.
322 Pursuant to this Agreement, Oceanside Investors will be required to obtain a total
323 of one hundred seventy thFee (73) _one hundred seventy-five (175) business tax
{All
324 receipts, consisting of one receipt for each dwelling unit, one receipt for each
325 lockout, and one receipt for each hotel room and shall pay the business tax for
326 each unit, lockout, and hotel room being utilized in the business of Vacation
327 Rental annually. The tax collector may not accept the tax or issue receipts for the
328 business tax unless the vacation rentals are licensed pursuant to Ch. 509, Florida
329 Statutes.
330
331 12. Section III.J. is hereby amended as follows:
332 J. Deed Restrictions for Affordable Housing. The Summerland Palms
333 Property consists of twenty-two (22) parcels of record, with the mobile home
334 spaces/parcels depicted in a survey of the Summerland Palms Condo Association,
335 Inc. dated August 22, 2007. The Cudjoe Coco Palms Property consists of one (1)
336 parcel of record, with the mobile home spaces depicted in the survey dated
8
337 September 10, 2013. The Stock Island Suncrest Property consists of one (1)
338 parcel of record, with the mobile home spaces depicted in the survey dated
339 September 10, 2013. The SIH LLC Property consists of one (1) parcel of record
340 with the mobile home spaces depicted in survey dated September 10 2013
341 a. The Summerland Palms Property shall have a single deed -restriction for
342 twenty-two (22) affordable housing units and shall be recorded on all land
343 described in I. Recitals, L. and legally described in Exhibit 9 of this
344 Agreement.
345 b. The Cudjoe Coco Palms Property shall have a single deed -restriction for
346 seventeen (17) affordable housing units and shall be recorded on all land
347 described in I. Recitals, M. and legally described in Exhibit 13 of this
348 Agreement.
349 c. The Stock Island Suncrest Property shall have a single deed -restriction for
350 seven (7) affordable housing units and shall be recorded on all land described
351 in I. Recitals, N. and legally described in Exhibit 17 of this Agreement.
352 d. The SIH LLC Property shall have a single deed -restriction for one (1)
353 affordable housine unit and shall be recorded on all land described in I
354 Recitals. H. of the Second Amendment and legally described in Exhibit 30 of
355 this Agreement.
356
357 13. Section III.K.c. is hereby amended as follows:
358
359 b. At Monroe County's request, Coco Palms Developers, Singh Ifivestefs,
360 Suncrest, and Summerland Palms and SIH LLC, their successors and/or
361 assigns shall provide Monroe County with an annual report demonstrating
362 compliance with the eligibility requirements of Monroe County Code Section
363 130-161.
364
365 13. Section III.L.b. is hereby amended as follows:
366 b. Neither tourist housing use nor vacation rental use of the affordable housing
367 units established on the Summerland Palms Property, Cudjoe Coco Palms
368 Property, Stock Island Suncrest Property or SIH LLC Property, or any other
369 affordable housing resulting from this Agreement shall be allowed
370 14. Section III.L.e.i. is hereby amended as follows:
371
372 i. By a corresponding resolution, the Board of County Commissioners reserves
373 A ty si* (6) forty-seven (47) allocations, comprised of twenty fli fee (23)
374 twenty-four (24) moderate income affordable ROGO allocations, twelve (12)
375 median income affordable ROGO allocations, and eleven (11) low income
376 affordable ROGO allocations for award to the above mentioned mobile home
377 parks until five (5) years from the effective date of this agreement.
378
V1
379 a. Suncrest shall be allocated three (3) low income and four (4) moderate
380 income affordable ROGO allocations.
381 b. Summerland Palms shall be allocated seven (7) low income, ten (10)
382 median income and five (5) moderate affordable ROGO allocations.
383 c. Coco Palms Developers shall be allocated one (1) low income, two (2)
384 median income and fourteen (14) moderate income ROGO allocations.
385 d. SIH LLC shall be allocated one (1) moderate income affordable ROGO
386 allocation.
387 15. Section III.M is hereby amended as follows:
388
389 M. Site Plan Approval: Monroe County does hereby accept the conceptual site
390 plan of the Oceanside Property. The conceptual site plan is attached as Exhibit 29
391 32, and supersedes the previously accepted conceptual site plans which was were
392 attached to the Development Agreement as Exhibit 23 and to the First
393 Amendment as Exhibit 29. The development shall be consistent with all
394 applicable codes, including but not limited to the Monroe County Comprehensive
395 Plan and Monroe County Code. Following a review of compliance with such
396 codes, the final site plan must be approved by the Monroe County Planning
397 Commission as an amendment to the Property's major conditional use permit. The
398 Planning Commission has final authority over the development approval and the
399 site plan which may be amended by the Planning Commission.
400
401 C. Effect of Second Amendment to Development Agreement Except as expressly
402 modified in this Second Amendment, all terms and provisions in the Development
403 Agreement for the Parties remain unchanged and continue in full force and effect.
404
405 D. Recording. Monroe County shall record this Second Amendment with the Clerk of the
406 Circuit Court of Monroe County within fourteen (14) days following signature by all
407 Parties. Oceanside Investors agrees that it shall be responsible for all recording fees and
408 other related fees and costs related to the recording and delivery of this Second
409 Amendment as described in this section. The provisions hereof shall remain in full force
410 and effect during the term provided herein and shall be binding upon all successors in
411 interest to the Parties to this Second Amendment.
412
413 E. Conflicting Resolutions. All resolutions or parts thereof in conflict with the provisions
414 of this Second Amendment and its resolution are hereby repealed to the extent of such
415 conflict.
416
417 F. Severability. If any part of this Second Amendment is contrary to, prohibited by, or
418 deemed invalid under any applicable law or regulation, such provisions shall be
419 inapplicable and deemed omitted to the extent so contrary, prohibited, or invalid;
420 however, the remainder of the Second Amendment shall not be invalidated thereby and
421 shall be given full force and effect as if the contrary, prohibited, or invalid provision was
422 never a part hereof.
423
10
424 G. Effective Date. The "Effective Date" of this Second Amendment is January 22, 2014.
425 [REMAINDER OF PAGE INTENTIONALLY BLANK. SIGNATURE PAGES TO
426 FOLLOW.]
427
IN WITNESS WHEREOF, the Parties hereto have set their hands and seals on the day and year
below written.
Summer"Palmss L C
Pging member
Date: 011 V6 b�0i5
Suncrest Investors, LLC
By-
PRITAM SIINGH, pnaging member
Date:
Oceanside Investors. LLC
PRITAM SINGf managing member
Date:
AM SINGI Imanaging member
Date: Od I A
State of 9.0PDA L
County of
The foregoing instrument was acknowledged before me on this U day ofJ
—IllA
2015, by PRITAM SINGH, the managing member of Summerland Palms Investor LLC,
11
Suncrest Investors, LLC, Oceanside Investors, LLC and Coco Palms Developers, LLC. He is
personally known to me and did not take an oath.
Name:
V UNDA R06ERMAN
. NdWf POW • State of FI&Ma
8., My COMM. EXONS May 26.2018
CommiSSbn I FF 126241
12
Stock Island Holdin LLC
By: C .
Barton W—Sm&rMember Manager
Date:
State of RP 14 0 A
County of RUVIK )
The foregoing instrument was acknowledged before me on this day of
2015, by Barton W. Smith as Member Manager of Stock Island Holdings LLC. He is per ly
known to me and did not take an oath. n r,\ /1 .
Name: L4 M A Rmeot wOe J
UNDA ROSERUM
: Notary public - State of Florida
ism My Comm. Expites May
26. 20tS
Commission / FF 126241
•n.ua
13
Monroe County
7�1�1is.
i l _CR
Date
Q
14
Monroe County Board of County
Commissioners
MAYOR DANNY L. KOLHAGE
MONROE COUNTY ATTORNEY
A ROVED AS N FORM:
STEVEN T. WILLIAMS
ASSISTANT CpUN ATTORNEY
Date r/ 22�
Prepared by and return to:
Gregory S. Oropeza, Esq.
Attorney at Law
Smith I Oropeza, P.L.
138-142 Simonton Street
Key West, FL 33040
305-296-7227
File Number: 2014-151 Do,
Will Call No.: * t AOO
Parcel Identification No, 00126770-000000
DocN 2003788 10/31/2014 4:02P11
Filed d Recorded in official Records of
MOMM COUNTY Ally MEAVILIN
DEEDIDOCISTAMP ®C�.- Krys
DOCN 2W3788
BkN 2710 PgN 534
Above This Line For Recording
Warranty Deed
(STATUTORY FORM - SECTION 689.02, F.S.)
$9,800.00
This Indenture made this 31st day of October, 2014 between Adrian 1. Goodrich and Terri A. Goodrich, as husband
and wife whose post office address is PO Box 491616, Leesburg, FL 34749 of the County of Lake, State of Florida,
grantor*, and Stock Island Holdings, LLC, a Florida limited liability company whose post office address is 138
Simonton Street, Key West, FL 33040 of the County of Monroe, State of Florida, grantee*,
Witnesseth that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other
good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged,
has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land,
situate, lying and being in Monroe County, Florida, to -wit:
Lots19, 20, 21, 22, and 23 of Block 53, according to George L. McDonald's plat or subdivision of
Government Lots 1, 2, 3, 4, 5, and 6 of Section 35, Government Lot 2 of Section 36, Government Lot
3 of Section 26 and Government Lot 2 of Section 34, Township 67 South of Range 25 East, on Stock
Island Monroe County Florida recorded in Plat Book 1, Page 55 of the Public Records of Monroe
County Florida.
and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all
persons whomsoever.
* "Grantor" and "Grantee" are used for singular or plural, as context requires.
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written.
EXHIBIT 30 DoubleTime•
DocH 2003788
BkO 2710 PqN 535
Signed, sealed and delivered in our presence:
(Seal)
Witness Name: J' . - oodrich
Witness Name: K l
eal)
Witness Name: rn- Terri A. Goodrich
Witness Name:
State of Florida
County of Monroe
The foregoing instrument was acknowledged before me this 31 st day of October, 2014 by Adrian 1. Goodrich and Terri A.
Goodrich, who [j are personally known or [X] have produced a driver's license as identification.
[No Seal
,p.:•''"�" GREGORY OROPM
MY COMMISSION #tFF13=7
EXPIRES July 1, 2018
(407) 3etl-01U3 FlorldeNote 8ervlm.com
Notary Public
Printed Name:
My Commission Expires:
MONROE COUNTY
warraely Deed (Sranrron' Form) - Page 2 OFFICIAL RECORDS DoubleTimee
3/27/2015 mc-gisweb.monroecounty-fl.gov/MCGrowthManagement/default.aspx
Monroe County - Growth Management - Web Map Application Monroe County Download GIS Data
EXHIBIT 31
http://m c-gi sweb.monroecounty-fl.gov/M C GrowthM anagement/default.aspx
1/1
3/27/2015 mc-gisweb.moriroecounty-fl.gov/MCGramManagemerd/defatAtaspx
Monroe County - Growth Management - Web Map Application Monroe County Download GIS Data
EXHIBIT 31
http://mc-gisweb.morroecam-ty-fl.gov/M CGrowthM anagement/defaLAt.aspx
1/1
0
Petitioner: Oceanside Investors, LLC
MONROE COUNTY, FLORIDA
RESOLUTION NO. 115 -2015
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS RENOUNCING AND
DISCLAIMING ANY RIGHT OF THE COUNTY AND
PUBLIC IN AND TO THAT PORTION OF THE RIGHT-OF-
WAY OF PENINSULAR AVENUE ON STOCK ISLAND
THAT IS BOUNDED ON THE NORTH BY PART OF LOT 32,
LOT 33, LOT 34 AND LOT 35 IN BLOCK 46 OF MALONEY
SUBDIVISION, AS RECORDED IN PLAT BOOK 1, PAGE 55
OF THE PUBLIC RECORDS OF MONROE COUNTY,
FLORIDA; BOUNDED ON THE WEST BY A PREVIOUSLY
ABANDONED PORTION OF THE PENINSULAR AVENUE
RIGHT-OF-WAY (RESOLUTION NO. 116-2014); BOUNDED
ON THE SOUTH BY PART OF LOT 2 AND LOT 3 IN
BLOCK 60 OF MALONEY SUBDIVISION, AS RECORDED
IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC RECORDS OF
MONROE COUNTY, FLORIDA; AND BOUNDED ON THE
EAST BY THE WESTERN BOUNDARY LINE OF THE
MALONEY AVENUE RIGHT-OF-WAY.
WHEREAS, an application was filed by Oceanside Investors, LLC to abandon a portion of
Peninsular Avenue on Stock Island that is located between Blocks 46 and 60 (east of the center of
Lot 32 in Block 46) in Maloney Subdivision, as recorded in Plat Book 1, Page 55 of the Public
Records of Monroe County, Florida; and
WHEREAS, the Board of County Commissioners of Monroe County, Florida, desires to
renounce and disclaim any right of the County and the public in and to the hereinafter right-of-way;
and
WHEREAS, due notice has been published and a public hearing has been held in
accordance with Chapter 336, Florida Statutes; and
WHEREAS, at said public hearing, the Board considered the argument of all parties present
wishing to speak on the matter, and considered the renouncing and disclaiming of any right of the
County and the public in and to the hereinafter described right-of-way as delineated on the hereafter
described map or plat; and
EXHIBIT 32
• .• Petitioner. Oceanside Investors, LLC
WHEREAS, the Board has determined that vacation of the said right-of-way is for the
general public welfare, and conforms to the requirement of Sections 336.09 and 336.10, Florida
Statutes; and
WHEREAS, the Board makes the following Findings of Fact and Conclusions of Law:
1. The Board has the authority to grant abandonments of dedicated and accepted rights -of -
way under jurisdiction of the County in accordance with Monroe County Code §19-1;
and
2. The vacation of the said right-of-way is not inconsistent with any of the criterion for
granting abandonments provided in Monroe County Code § 19-1,
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that it hereby renounces and
disclaims any right of the County and public in and to the following described streets, alley -ways,
roads, or highways as delineated on the hereafter described map or plat, to -wit:
"Peninsular Avenue, lying between Block 46 and 60, South of the East 112 of Lot 32, Lots 33,
34, & 35 in Square 46, and North of a portion of Lot 2 and Lot 3, Block 60, according to Maloney's
subdivision of a part of Stock Island, Monroe County, Florida as recorded in Plat Book 1, Page 55,
of the Public Records of Monroe County, Florida, and being more particularly described as
follows: Begin at the Southeast corner of Lot 35 of said plat; thence West along the North Right -of -
Way line of Peninsular Avenue for a distance of 175.00 feet to the Southeast corner of said West'h
of Lot 32; thence South along the Southerly extension of the West line of the East'h of Lot 32 for a
distance of 60.00 feet to the South Right -of -Way line of Peninsular Avenue; thence East along the
said South Right -of -Way line of Peninsular Avenue (Northerly line of said Lots 2 and 3) for a
distance of 175.00 feet to the Westerly line of Maloney Avenue; thence North along the said
Westerly line of Maloney Avenue for a distance of 60.00 feet to the Point of Beginning"
PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS of
Monroe County, Florida, at a regular meeting held on the 18te of March, 2015.
Mayor Danny L. Kolhage No
Mayor pro tent Heather Carruthers Yes
Commissioner Sylvia Murphy Yes
Commissioner George Neugent Yes
o
r
Commissioner David Rice Yes
G
imr—�'�
=
BOARD OF COUNTY COMMISSIONERS
oc")
OF M c OE COUNY,
•�
�'
"n
BY: \
COD`'
Mayor Da&y L. Kolhage
v
DIY HEAVILIN, CLERK
Deputy Clerk
Approved as to Form and Legal Sufficiency
w. -
Asssstant County Attorney
EXHIBIT 32
70
S
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L-1 I -I -I-,-
Zn �nmm�s0w.a
REVISEDSITE PLAN for
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2GI N. VARio1 AYEFSI:1fE I'IDG
OCEANSIDE RESORT AND MARINA DI XTA GORDa FL/IRIDA aUa G
-------------9.I1.505.1 iDfl ,
DacN 2009348 12/17/2024 1:56PM
Filed & Recorded in Official Records of
MONROE COUNTY AMY HEAVILIN
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
THIS FIRST AMDENDMENT TO DEVELOPMENT AGREEMENT ("First
Amendment") is entered into by and between Monroe County, Florida, a Political Subdivision of
the State of Florida ("Monroe County"), Summerland Palms Investors, LLC, a Florida limited
liability company ("Summerland Palms"), Coco Palms Developers, LLC, a Florida limited
liability company, ("Coco Palms Developers"), Suncrest Investors, LLC, a Florida limited
liability company ("Suncrest") as successor in interest to Singh Investors, LLC and Suncrest
Landings, LLC, Florida limited liability companies, and Oceanside Investors, LLC, a Florida
limited liability company ("Oceanside Investors") (collectively, the "Parties") pursuant to
Sections 110-132, 110-133, 130-161.1 of the Monroe County, Florida Code of Ordinances
("Monroe County Code") and the Florida Local Government Development Agreement Act,
Florida Statutes Sections 163.3220-163.3243 (2013) and is binding on the "Effective Date" set
forth herein:
WITNESSETH:
DoeN 2009348
The Parties hereby agree as follows: BkN 2716 PgN 2223
I. RECITALS
A. This First Amendment provides for the inclusion of real property located at 5948
Peninsular Avenue, Stock Island, Monroe County, Florida which is commonly referred to
as the Hickory House ("Hickory House"), development of a boardwalk along the Hickory
House, transfer of vested Transient Residential Dwelling Units correspondent to twelve
(12) bedrooms and twelve (12) bathrooms from Hawk's Cay, and for an increase in total
Transient Residential Dwelling Units permitted to be developed at property located at
5948, 5950 and 5970 Peninsular Avenue, Stock Island, Monroe County, Florida
("Oceanside Property").
B. All Parties have the authority to enter into this Agreement through Florida Statutes
Chapter 163 and the sole and undivided ownership of the Properties.
C. Section 163.3220, Florida Statutes, authorizes Monroe County to enter into development
agreements with landowners and/or governmental agencies to encourage a stronger
commitment to comprehensive and capital facilities planning, ensure the provision of
adequate public facilities for development, encourage the efficient use of resources, and
reduce the economic cost of development.
D. This Agreement, among other things, is intended to and shall constitute a development
agreement among the Parties pursuant to the Florida Local Government Development
Agreement Act, Section 163.3223, et seq., Florida Statutes ("Act").
E. The Parties recognize that the public noticing and hearing procedures shall follow the
requirements of Section 163.3225, Florida Statutes, which requires the local government
to conduct two public hearings, one of which may be before the Planning Commission.
I
DocU 2009348
Bkq 2716 Pgp 2224
F. Monroe County finds that entering into this First Amendment furthers the purposes,
goals, objectives and policies of the Monroe County Comprehensive Plan which contains
goals and objectives that seek to encourage the provision of affordable housing through
incentive programs and regulations (including but not limited to Goal 601, Objective
601.1, Objective 601.2 and Objective 601.6).
G. The Parties, with the exception of Suncrest, but including Suncrest's predecessor in
interest, Suncrest Landing, LLC and Singh Investors, LLC, entered into a Development
Agreement with the County dated December 5, 2013 ("Development Agreement")
providing for the redevelopment of the Oceanside Property.
H. After entering into the Development Agreement, Suncrest was assigned the purchase and
sale agreement previously held by Singh Investors, LLC to purchase the real property
owned by Suncrest Landing, LLC, and located at 5176 Suncrest Road, Stock Island,
Monroe County, Florida ("Suncrest Property"), which property is subject to the
Development Agreement.
I. On February 14, 2014 Suncrest Investors, LLC acquired the Suncrest Property from
Suncrest Landings, LLC, and Suncrest Investors, LLC is now a necessary party to the
Development Agreement. A copy of the Warranty Deed evidencing Suncrest's
ownership is attached hereto as Exhibit 24.
J. On July 16, 2014, Monroe County, pursuant to Monroe County Resolution 116-2014,
approved to be abandoned the right-of-way between the Hickory House and Oceanside
Property ("Abandoned Road") more particularly described as:
Peninsular Avenue, lying between Block 46 and 60, South of Lots 30, 31 & the West V2
of Lot 32, in Square 46, according to Maloney's subdivision of a part of Stock Island,
Monroe County, Florida, as recorded in Plat Book 1, Page 55, of the Public Records of
Monroe County, Florida, and being more particularly described as follows:
Commence at the Southeast corner of Lot 35 of said plat, thence West along the North
Right-of-way line of Peninsular Ave. for a distance of 175.00 feet to the Southeast comer
of the said West 1/2 of Lot 32, and the Point of Beginning; thence continue West along the
said North Right-of-way line of Peninsular Ave. for a distance of 195.00 feet, more or
less to the platted shoreline per Maloney's subdivision; thence S 18°26'06" W along the
platted shoreline for a distance of 63.64 feet to the South Right-of-way line of Peninsular
Ave.; thence East along the said South Right-of-way line of Peninsular Ave., for a
distance of 215.00 feet more or less to the Southerly extension of the East line of the said
West 1/2 of Lot 32; thence North for a distance of 60.00 feet to the said North Right-of-
way line of Peninsular Ave. and the Point of Beginning.
A copy of Monroe County Resolution l 16-2014 is attached as Exhibit 25.
K. Since the effective date of the Development Agreement, Oceanside Investors has entered
into a purchase and sale agreement with Monroe County to purchase the Hickory House.
2
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Bkp 2716 PgN 2225
L. The Hickory House is generally described as follows:
1. The Hickory House Property is legally described as Lots 30, 31 and the West 1/2 of
Lot 32, in Square 46, according to Maloney's Subdivision of a part of Stock Island,
Monroe County, Florida, as recorded in Plat Book 1, Page 55, of the Public Records
of Monroe County, Florida.
and that certain County -owned abandoned right of way in accordance with Resolution
No. 116-2014 comprising a part of Peninsular Avenue, Stock Island, Key West,
Florida 33040 is more particularly described as:
Peninsular Avenue, lying between Block 46 and 60, South of Lots 30, 31 and the
West V2 of Lot 32, in Square 46, according to Maloney's subdivision of a part of
Stock Island, Monroe County, Florida, as recorded in Plat Book 1, Page 55, of the
Public Records of Monroe County, Florida and being more particularly described as:
Commence at the Southeast comer of Lot 35 of said plat, thence West along the
North right-of-way line of Peninsular Avenue for a distance of 175.00 feet to the
Southeast corner of the said West % of Lot 32, and the Point of Beginning; thence
continue West along the said North right-of-way line of Peninsular Avenue for a
distance of 195.0 feet, more or less to the platted shoreline per Maloney's
subdivision; thence S 18°26'06" W along the platted shoreline for a distance of 63.64
feet to the South right-of-way line of Peninsular Avenue; thence East along the said
South right-of-way line of Peninsular Avenue, for a distance of 215.0 feet more or
less to the Southerly extension of the East line of the said West'/: of Lot 32; thence
North for a distance of 60.00 feet to the said North right-of-way line of Peninsular
Avenue and the Point of Beginning.
A copy of the Warranty Deed evidencing Monroe County's ownership of the Hickory
House is attached as Exhibit 26.
2. As of the date of this Agreement, the Hickory House is assessed by the Monroe
County Property Appraiser as real estate numbers 00126210-000000, 00126220-
000000, 00126230-000000.
3. Historically, the Hickory House was used as a restaurant and marina.
4. The Hickory House Property currently has a Mixed Use ("MU") Land Use (Zoning)
District designation and a corresponding Mixed Use Commercial ("MC") Future
Land Use Map designation. A copy of the Land Use District Map and Future Land
Use Map for the Hickory House is attached as Exhibit 27.
5. The Hickory House currently has a Tier Overlay District Designation of Tier III.
6. The Hickory House consists of 29,447.55 square feet of upland.
M. As part of the purchase and sale agreement for the Hickory House, Oceanside Investors
and Monroe County agreed that Oceanside Investors shall make an application to amend
3
8kpp271693PgN 2226
the Development Agreement to include the Hickory House and the Abandoned Road and
provide for development of a boardwalk along the Western edge of the Hickory House
and Abandoned Road.
N. Oceanside Investors desires to increase the total number of Transient Residential
Dwelling Units permitted to be developed on the Oceanside Property.
O. Village at Hawk's Cay, Inc. ("Hawk's Cay") owns vested Transient Residential Dwelling
Units associated with twelve (12) bedrooms and twelve (12) bathrooms, which were
legally vested in Hawk's Cay prior to July 13, 1992 by virtue of a Development of
Regional Impact approval, as amended ("Hawk's Cay DRI"), and is still valid pursuant to
the Agreement for the Built -Out Hawk's Cay DRI entered into by and between Monroe
County, Hawk's Cay and DEO on January 8, 2004.
1. The Hawk's Cay DRI memorialized the existence of development rights
correspondent to six hundred fourteen (614) transient bedrooms and six hundred
twenty-six and one half (626.5) bathrooms on real property owned by Hawk's Cay.
2. Of the six hundred fourteen (614) transient bedroom development rights and six
hundred twenty-six and a half (626.5) bathroom development rights established
pursuant to the Hawk's Cay DRI, six hundred two (602) transient bedrooms and six
hundred twelve and one half (612.5) bathrooms were built out or transferred to third
parties.
3. Asa result, Hawk's Cay possesses twelve (12) vested Transient Residential Dwelling
Units, defined as rooms under Monroe County Code ("Hawk's Cay Vested
Development Rights").
4. Pursuant to Monroe County Code Section 138-22(7), landowners with a valid,
unexpired development of regional impact approval granted by Monroe County prior
to July 13, 1992, shall be exempt from the residential ROGO system. As a result, the
Hawk's Cay Vested Development Rights are eligible for transfer to the Oceanside
Property.
P. Oceanside Investors and Hawk's Cay desire to transfer and develop the Hawk's Cay Vested
Development Rights at the Oceanside Property.
II. PURPOSE
A. The overall purpose of this First Amendment is to include the Hickory House and
Abandoned Road as part of the Oceanside Property receiver site, provide for
development of a boardwalk along the Eastern edge of the Hickory House and
Abandoned Road, to memorialize the eligibility of the Hawk's Cay vested development
rights for development on the Oceanside Property, and to increase the amount of
Transient Residential Dwelling Units permitted to be developed on the Oceanside
Property.
4
Cocp 2009348
8k8 2716 Pgp 2227
NOW, THEREFORE, the First Amendment is approved as follows:
III.TERMS OF AGREEMENT
A. Recitals. The recitals explaining the intent and purpose of the First Amendment as set
forth in the preceding clauses are incorporated herein and form a material part of the
Development Agreement and this First Amendment. The Parties recognize the binding
effect of Fla. Stat. §§163.3220-163.3243, as to the form and content of the Development
Agreement and First Amendment and in accordance therewith set forth and agree to the
following.
B. Amendments. The Development Agreement is hereby amended as follows (additions
are underlined and deletions are stmek thmugh:
1. Section I.N.7 is hereby deleted in its entirety.
2. Section II.J is hereby amended as follows.
J. Summerland Palms, Coco Palms Developers, Singh Inve Suncrest and Oceanside
Investors have authorized $aFte . Pritam Singh to execute this Agreement on
their behalf.nvestefs, ,
3. Section III.D.l.e. is hereby amended as follows:
e. The redevelopment of the Oceanside Property includes the addition of up to 78 new, market
rate residential dwelling units, which may be used as vacation rentals, up to -5 17 new hotel
rooms, a new restaurant, and other improvements related to the existing marina and accessory
development. The residential density would not exceed 100 permanent residential units and 5 17
transient units. Not including accessory structures related to the residential uses, the
nonresidential intensity shall not exceed 40,000 square feet.
4. Section III.D.l.f. is hereby amended as follows:
f, the height of any new structure associated with the redevelopment of the Oceanside Property
shall not exceed 35 feet, asEefififig except as provided by Monroe County Code, as amended.
For purposes of determination of grade of the Oceanside Pro rade shall be 5 3 feet NGVD
as identified on the survey attached as Exhibit 28
5. Section III.G. is amended as follows:
Development Allowed. The following specific criteria are those which will guide development
of the Properties, and are standards by which any further approvals shall be measured and shall
be as follows:
5
DOCU 2009348
Bkk 2716 P9p 2228
a. The Oceanside Property consists of 19.84 20.06 gross acres consisting of 11. �8 12.06
acres of upland and 8.0 acres of submerged land. There currently exist twenty-two
(22) market -rate residential dwelling units, in the form of condominium units on the
property.
b. Oceanside Investors is permitted to transfer thirty-two (32) market -rate TRE's along
with thirty-two (32) TDR's to the Oceanside Property pursuant to the Development
Order #02-07.
c. After an equivalent number of deed restricted affordable housing units are established
on the Sumrnerland Palms Property, Summerland Investors is permitted to transfer
market -rate TRE's associated with lawfully established mobile homes from the
Summerland Palms Property sender site to the Oceanside Property receiver site
pursuant to Monroe County Code Section 130-161.1.
d. After an equivalent number of deed restricted affordable housing units are established
on the Cudjoe Coco Palms Property, SiRgh bwestefs Coco Palms Developers is
permitted to transfer the market -rate TRE's associated with lawfully established
mobile homes from the Cudjoe Coco Palms Property sender site to the Oceanside
Property receiver site pursuant to Monroe County Code Section 130-161.1.
e. After an equivalent number of deed restricted affordable housing units are established
on the Stock Island Suncrest Property, Suncrest is permitted to transfer the market -
rate TRE's associated with lawfully established mobile homes from the Stock Island
Suncrest Property sender site to the Oceanside Property receiver site pursuant to
Monroe County Code Section 130-161.1.
f. Hawk's Cay has transferred to the Oceanside Property, and Oceanside Investors is
e�rmttted to develop on the Oceanside Properly+ the Hawk's Cay Vested
Development Rights, consisting of twelve (12) bedrooms and twelve (12) bathrooms
fig_ Provided such development can be designed and approved by all applicable codes,
including but not limited to the Monroe County Code and Florida Building Code,
Oceanside Investors is permitted to develop the following buildings, facilities and
structures on the Oceanside Property pursuant to this Agreement:
i. In addition to the already existing twenty-two (22) attached, market -rate
residential dwelling units, up to seventy-eight (78) new attached, market -rate
residential dwelling units, each of which may be configured to include a
separately rentable "lockout" consisting of no more than one (1) bedroom and one
(1) bathroom, all of which may be used for vacation rental use, provided
Oceanside Investors constructs and 1) installs and maintains a gated entrance and
2) establishes a homeowner's or property owner's association that expressly
regulates or manages vacation rental uses.
ii. A hotel with up to five (5) seventeen (17) new hotel rooms.
6
DocN 2009348
Bkp 2716 P9N 2229
iii Eight (8) existing wet slips that have existed for over 40 years but have not been
properly permitted. Twenty percent (20%) of Oceanside Investors' wet slips shall
be restricted to use by commercial fishing vessels.
iv. A restaurant with up to 150 seats and up to 3,859 square feet of floor area.
v. Additional amenities ancillary and accessory to the vacation rental and hotel use,
including a lobby, gatehouse, offices, fitness center, bath house, maintenance,
housekeeping and watersports consisting of up to 9,352 square feet as depicted on
plans submitted with this Agreement.
vi. A marina store, dock master, and watersport offices consisting of up to 1,973
square feet as depicted on plans submitted with this Agreement.
vii. Parking areas and landscaping
viii. Public access is permitted to the Oceanside Property, Hickory House and
Abandoned Road waterfront boardwalk as depicted on the conceptual site plan
cached to this Agreement as Exhibit 29. which shall be open to the public free of
charge 7:00 a.m. to dusk three hundred sixty-five (365) days Mr year.
Oceanside Invest s ma establish and enforce reasonable rules related to use of
the waterfront boardwalk and conduct by the public while using the waterfront
boardwalk from 7 a.m to dusk Oceanside Investors agrees that no physical
barrier may be erected to close off access or create the appearance that access
during davheht hours is restricted This condition shall survive the expiration of
the Agreement.
DeftskJ J
S. Section III.I is hereby amended as follows:
I. Rental License. Monroe County Code Section 23-85 requires each person engaged in the
business of renting accommodations, including vacation rentals and other public lodgings
licensed pursuant to Chapter 509, Florida Statutes, to pay a business tax and to obtain annually a
business tax receipt for each place of business at which the rental occurs. Each of the new
seventy-eight (78) residential dwelling units and each of the lockouts within such units engaged
in Vacation Rental use shall be deemed a "place of business" subject to taxation under Monroe
County Code Section 23-85. Oceanside Investors, its successors and assigns, so long as all or a
portion of the property is used for vacation rentals, shall pay the business tax imposed pursuant
to Monroe County Code Section 23-85 for each vacation rental unit and for each lockout utilized
for or held out as public lodging, in addition to the five -F3}seventeen (l7) hotel rooms. Pursuant
to this Agreement, Oceanside Investors will be required to obtain a total of ene• handle y-
eae-(})one hundred seventy-three (173) business tax receipts, consisting of one receipt for
each dwelling unit, one receipt for each lockout, and one receipt for each hotel room and shall
VA
DOCU 2009348
Bkp 2716 Pga 2230
pay the business tax for each unit, lockout, and hotel room being utilized in the business of
Vacation Rental annually. The tax collector may not accept the tax or issue receipts for the
business tax unless the vacation rentals are licensed pursuant to Ch. 509, Florida Statutes.
6. Section M.M is hereby amended as follows:
M. Site Plan Approval: Monroe County does hereby accept the conceptual site plan of the
Oceanside Property. The conceptual site plan is attached as Exhibit -2aN and supersedes the
previously accented conceptual site plan which was attached to the Development A�2 -cement as
Exhibit 23. The development shall be consistent with all applicable codes, including but not
limited to the Monroe County Comprehensive Plan and Monroe County Code. Following a
review of compliance with such codes, the final site plan must be approved by the Monroe
County Planning Commission as an amendment to the Property's major conditional use permit.
The Planning Commission has final authority over the development approval and the site plan
which may be amended by the Planning Commission.
C. Effect of First Amendment to Development Agreement Except as expressly modified
in this First Amendment, all terms and provisions in the Development Agreement for the
Parties remain unchanged and continue in full force and effect.
D. Recording. Monroe County shall record this Agreement with the Clerk of the Circuit
Court of Monroe County within fourteen (14) days following signature by all Parties.
Oceanside Investors agrees that it shall be responsible for all recording fees and other
related fees and costs related to the recording and delivery of this Agreement as described
in this section. The provisions hereof shall remain in full force and effect during the term
provided herein and shall be binding upon all successors in interest to the Parties to this
Agreement.
E. Conflicting Resolutions. All resolutions or parts thereof in conflict with the provisions
of this Agreement and its resolution are hereby repealed to the extent of such conflict.
F. Severability. If any part of this Agreement is contrary to, prohibited by, or deemed
invalid under any applicable law or regulation, such provisions shall be inapplicable and
deemed omitted to the extent so contrary, prohibited, or invalid; however, the remainder
of the Agreement shall not be invalidated thereby and shall be given full force and effect
as if the contrary, prohibited, or invalid provision was never a part hereof.
G. Effective Date. The "Effective Date" of this Agreement is thifty (45) days after- the duly
msekedJanuary 22, 2014.
8
Doen 2009348
Bkp 2716 Pgq 2231
[REMAINDER OF PAGE INTENTIONALLY BLANK. SIGNATURE PAGES TO
FOLLOW.]
DocN 2US348
Bkp 2716 Pgq 2232
IN WITNESS WHEREOF, the Parties hereto have set their hands and seals on the day and year
below written.
Summerland Palms Investors. LLC
By_t�
Title:
Date: /..Zo x
Suncrest Investom LL
BL
Title: /yJG/'t
Date:
Ocenoild In rs LL
Title: Al
Date:
Coco Palms Deve
%L
Title:
Date:
State of
County of
10
DoCU
BkN 271693P94 2233
4
The foregoing instrument was acknowledged before me on this i0 day of &&aL.
2014, by PRITAM SINGH, the managing member of Summerland Palms Investors, LLC,
Suncrest Investors, LLC, Oceanside Investors, LLC and Coco Palms Developers, LLC. He is
personally known to me diet take an oath.
.� r''a�., MAYRA TEIANt1S a (/
Notary Public - State c: Flori9s
• . • e My Comm. Expires May 19.2016
,„' aoammission / EE 166690
Monroe County ty Board of County
Commissioners
Date
ATTEST: AMY HEAVILIN, CLERK
i; �
MAYOR DANNY L. KOLHAGE
NROE COUNTY ATTORNEY
ED A O.FORM:
•w
STEVEN T. WILLIAMS
ASSISTANT COUNTY ATTORNEY
Data /*_,
12
Doep 20N348
Bkp 2716 Pgp 2234
prepared by and return to:
Gregory S. Oropeza, Esq.
Attorney at Law
Smith I Oropeza, P.L.
138-142 Simonton Street
Key West, FL 33040
305-296-7227
File Number: 2013-152
Will Call No.:�SQ,
Parcel Identification No. 00132680-000000
Docp 2968963 02/14/2014 3:28PII
FcIaliled & Recorded
COUNTY GAMY NEAVILIN Records of
412/14/2014 3:28PH
DEED DOC STAMP CL: Keys $5,250.09
Doep 1968963
Bkp 2671 Pgp 849
ISpace Above This Line For Reebrding Data]
Warranty Deed
(STATUTORY FORM - SECTION 689.02, F.S.)
This Indenture made this 14th day of February, 2014 between Sunerest Landing, LLC, a Florida limited liability
company whose post office address is P.O. Box 6002, Key West, FL 33040 of the County of Monroe, State of Florida,
grantor*, and Suncrest Investors, LLC, a Florida limited liability company whose post office address is 1010 Kennedy
Drive, Suite 302, Key West, FL 33040 of the County of Monroe, State of Florida, grantee*,
Witnesseth that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other
good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged,
has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land,
situate, lying and being in Monroe County, Florida, to -wit:
ON THE ISLAND OF STOCK ISLAND AND BEING LOTS NUMBERED 27 AND 28 OF SUN
KREST SUBDIVISION, A SUBDIVISION OF A PART OF GOVERNMENT LOT 1, SECTION 34,
TOWNSHIP 67 SOUTH, RANGE 25 EAST, ACCORDING TO PLAT THEREOF RECORDED IN
PLAT BOOK 1, PAGE 107, PUBLIC RECORDS OF MONROE COUNTY,
FLORIDA. ANDALSO A PARCEL OF SUBMERGED LAND IN SECTION 35, TOWNSHIP 67
SOUTH, RANGE 25 EAST, STOCK ISLAND, MONROE COUNTY, FLORIDA, LYING
SOUTHERLY OF AND ADJACENT TO LOTS 27 AND 28 OF SUN KREST SUBDIVISION, AS
RECORDED IN PLAT BOOK 1, PAGE 107, PUBLIC RECORDS OF MONROE COUNTY,
FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SW
CORNER OF SAID LOT 27, SAID SW CORNER BEING AT THE MEAN HIGH WATER MARK
OF COW KEY CHANNEL; THENCE NORTHEASTERLY ALONG SAID MEAN HIGH WATER
MARK TO THE SE CORNER OF SAID LOT 28 OF SUN KREST SUBDIVISION; THENCE
SOUTHEASTERLY ALONG THE EXTENSION OF THE EASTERLY LINE OF SAID LOT 28,
221.0 FEET; THENCE WITH A DEFLECTED ANGLE TO THE RIGHT OF 1010 30' RUN
WESTERLY 102.1 FEET, MORE OR LESS, TO THE INTERSECTION WITH
SOUTHEASTERLY EXTENSION OF THE WESTERLY LINE OF SAID LOT 27; THENCE
NORTHWESTERLY ALONG SAID SOUTHEASTERLY EXTENSION 210.0 FEET, MORE OR
LESS, TO THE POINT OF BEGINNING.
and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons
whomsoever.
* "Grantor" and "Grantee" are used Tor singular or plural, as context requires.
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written.
Exhibit 24 DoubleTlntse
DoeN 2009348
Bkp 2716 PBp 2235
Signed, sealed and delivered in our pmsence:
!OTAWAV
�
r I r ii 'I
"i.TiTi' .0e7/ 1
State of Florida
County of Monroe
DOCK 1968963
Bkp 2671 Pgp 850
Suncrest Landing, C
r
BY:
Walter S. Holland, Jr., Managing ember
By:
Rijbirta. Holland, Managing Member
(Corporate Seal)
The foregoing instrument was acknowledged before me this 14th day of February, 2014 by Walter S. Holland, Jr., Managing
Member and Roberta Holland, Managing Member of Suncrest Landing, LLC, on behalf of the corporation. They U are
personally known to me or [XI have produced a driver's license as identification.
[Notary Seal]
a,+r colt + AO0W
Fitpr � j* 1, 2014
8p�pepllqu WM p"@
f-d A-� ( C-A---,—
Notary Public
Printed Name:
My Commission Expires:
OFFICIAL RECORDS
N orronq Deed (Statutory Form) - Par 2 Exhibit 24 DoublaTkw
DocU 2009348
BkN 2716 PgN 2236
Docp 1992171 07/29/2014 3.53PM
Filed 6 Recorded in Official Records of
MONROE COUNTY AMY NEAVILIN
Petidoner: Oceanside Investors, LLC
• DocN 1992171
BkN 2696 P90 895
MONROE COUNTY, FLORIDA
RESOLUTION NO. 116 .2014
A RESOLUTION OF THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS RENOUNCING AND
DISCLAIMING ANY RIGHT OF THE COUNTY AND
PUBLIC IN AND TO THAT PORTION OF THE RIGHT-
OF-WAY OF THE WESTERN PORTION OF
PENINSULAR AVENUE ON STOCK ISLAND THAT IS
BOUNDED ON THE NORTH BY LOTS 30, 31 & THE
WEST 'h OF LOT 32 IN BLOCK (SQUARE) 46 OF
MALONEY SUBDIVISION, BOUNDED ON THE WEST
BY A PLATTED SHORELINE OF MALONEY
SUBDIVISION, AND BOUNDED ON THE SOUTH BY
LOTS 1 AND 2 IN BLOCK (SQUARE) 60 OF MALONEY
SUBDIVISION, ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT BOOK 1 PAGE 55 OF THE
PUBLIC RECORDS OF MONROE COUNTY, FLORIDA
WHEREAS, an application was filed by Oceanside Investors, LLC to abandon a portion
of Peninsular Avenue on Stock Island that is located between Blocks 46 and 60 (west of the west
% of Lot 32 in Block 46) in Maloney Subdivision, as recorded in Plat Book 1. page 55 of the
Public Records of Monroe County, Florida; and
WHEREAS, the Board of County Commissioners of Monroe County, Florida, desires to
renounce and disclaim any right of the County and the public in and to the hereinafter right-of-
way; and
WHEREAS, due notice has been published and a public hearing has been held in
accordance with Chapter 336, Florida Statutes; and
WHEREAS, at said public hearing, the Board considered the argument of all parties
present wishing to speak on the matter, and considered the renouncing and disclaiming of any
BOCC June 30, 2013
061914
Exhibit 25
Docp 2009348
Deep 1992171 Bkp 2716 Pgp 2237
Bkp 2696 PoN 896
right of the County and the public in and to the hereinafter described right-of-way as delineated
on the hereafter described map or plat; and
WHEREAS, the Board has determined that vacation of the said right-of-way is for the
general public welfare, and conforms to the requirement of Sections 336.09 and 336.10, Florida
Statutes; and
WHEREAS, the Board makes the following Findings of Fact and Conclusions of Law:
1. For purposes of Monroe County Code Sections 19-1(a)(1)and (2) the water at the end
of Peninsular Avenue is not "open water."
2. For purposes of Monroe County Code Sec. 19-1(a)(3) abandonment of the right-of-
way does not preclude a way for the public to maintain access to the water.
3. By approving this resolution, Monroe County agrees to the abandonment as an affected
property owner under Monroe County Sec. 19-1(b).
4. The applicant has agreed to pay any expenses associated with the road abandonment
including but not limited to relocation of utilities and any required road improvements.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMSIONERS OF MONROE COUNTY, FLORIDA, that it hereby renounces and
disclaims any right of the County and public in and to the following described streets, alley-
ways, roads, or highways as delineated on the hereafter described map or plat, to -wit:
"Peninsular Avenue, lying between Block 46 and 60, South of Lots 30, 31 & the West 0
of Lot 32, in Square 46, according to Maloney's subdivision of a part of Stock Island, Monroe
County, Florida, as recorded in Plat Book 1, Page 55, of the Public Records of Monroe County,
Florida, and being more particularly described as follows:
Commence at the Southeast corner of Lot 35 of said plat, thence West along the North
Right-of-way line of Peninsular Ave, for a distance of 175.00 feet to the Southeast corner of the
said West 46 of Lot 32, and the Point of Beginning; thence continue West along the said North
Right-of-way line of Peninsular Ave. for a distance of 195.00 feet, more or less to the platted
shoreline per Maloney's subdivision, thence S 18'26'06" W along the platted shoreline for a
distance of 63.64 feet to the South Right-of-way line of Peninsular Ave.; thence East along the
said South Right-of-way line of Peninsular Ave., for a distance of 215.00 feet more or less to the
Southerly extension of the East line of the said West 0 of Lot 32; thence North for a distance of
60.00 feet to the said North Right-of-way line of Peninsular Ave. and the Point of Beginning.
Containing 12,300.00 square feet, more or less. "
PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS of
Monroe County, Florida, at a regular meeting held on the 300' of June, 2014.
BOCC June 30, 2013
061914
Exhibit 25
DOC* 2009348
Bkp 2716 Pg* 2238
Doc* 1992171
Bkp 2696 PON 897
Mayor Sylvia Murphy Yes
Mayor pro tem Danny L. Kohlage No
Commissioner Heather Carruthers Yes
Commissioner George Neugent Yes
Commissioner David Rice Abstained
Ca
a
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O
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BOCC June 30, 2013
061914
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY ORIDA
for tylvia Aurphy
Approved as to Form and Legal Sufficiency
Assistant County Att ey
J"�/`k1 .2CG /tv
STATE OF FLORIDA
COUNTY OF MONROE
'rhb Copy N a True Copy of the
Original i%a File in thb Otlke. Witaae
my hand and Official Seal.
Vbls�� day ot_� --..
&D., 20 ) =T
A M Y HEA I1L11N
8y
Exhibit 25
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BkN 271693P9p 2239
Doop 1992171
Skit 2696 PVN 898
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Cooke Communications, LLC
Florida Keys
PO Box 1800
Key West F133041
Office .... 305-292-7777
Extension ... x219
Fax ....... 305-295-8025
l*o#IsftkevsnWs Corn
INTERNET PUBLISHING
MYweat.Com
keysnm.com
tloridakeys.com
key-weatcom
Web Design Services
NEWSPAPERS
The Citizen
Southernmost Flyer
Fioride Keys Free Press
MARKETING sERYICES
Commercial Printing
Direct Mail
FLORIDA KEYS OFFICES
Printing / Main Facility
3420 Northside Drive
Key Watt, FL
33040.1 s00
Tel 305-292-7777
Fax 305-294-0768
sitircnn sgpyn
Intemet Division
Tel 305-292-1880
Fax 305-294-lem
sales@keywest.com
9 �Oversaw Hwy
Tavernier, FL 33070
Tel 30 463-7277
Fax 305-853.0556
freepressQAoridakeys.com
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared Tommy Todd, who on
oath says that he is Advertising Director of the Key West Citizen, a daily
newspaper published in Key West, in Monroe County, Florida; that the
attached copy of advertisement, being a legal notice in the matter of
Ck Q+- Aa- -�v4 t ae,SoIu. Jre"1
1
was published in said newspaper in the issue(s) of
`I Zd1 4
Affiant further says that the Key West Citizen is a newspaper published in
Key West, in said Monroe County, Florida and that the said newspaper has
heretofore been continuously published in said Monroe County, Florida every
day, and has been entered as second-class mail matter at the post office in Key
West, in said Monroe County, Florida, for a period of I year next preceding
the first publication of the attached copy of advertisement; and affiant further
says that he has neither paid nor promised any person, firm or corporation any
discount, rebate, commission.. or -
advertisement for publication in the said new r the per- sec thas
of
Sworn and subscribed before me this day of-U l 2014
Notary Public:
Dawn Kawzinsky
Expires: 114116
DAWN KAWZINSKY
NOTARY PUBLtG
STATE OF FLORIDA
Comm# EE157233
Expires 1/4R016
Notary Seal
Personally Known x Produced Identification
Type of Identification Produced
Exhibit 25
DocN 2009348
BkN 2716 P9N 2240
Nomi ADOPTION REEOLUT1pN RE CING
AND D51CLAIMNG ANY
RIGHT OF THE COUNTY of
. CEFnXN
STREW AS DURCATED ON
A CERTAMI RECORDED
FLAT.
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AMY NEAVIL.IN, Clerk of the
CkaR Cwr1 and a dnao
CWk of the Board d Canty
Commisew a d Monroe
Cwx t Rorlda
July 7, 2014
Key V^M Calm
MONROE COUNTY
OFFICIAL RECORDS
dkN 2EY6 iPgN M
Exhibit 25
Bkp 2716 Pgp 2241
Eared by and rah, to:
6riea N. Hughes -Sterling
Attorney at Law
Spottswood, Spottswood & Spottswood
5011 Fleming Street
Key West, FL 33040
305-294-9556
File Number: 06-3354D
Doell 18154M 21/30/200s 4:1310M
Faced a aesorded In offiessi Rewords of
M MM CUM DMW L. KOLI M
11/38/28" 4:13FM
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Above This U to For Rewrdina Deal_
Warranty Deed
$21,873.86
Do" isla'l "
aka nU Paul 1s=
This Warranty Deed made this 28th day of November, 2W6 between Mdodye Roger Wit Melody Roger, a single
woman whose post office address is 100 Bay Drive, Key West, FL 33040, grantor, and Monroe County, a pallid
subdivision of the State o[ Florida whore goat office address is 1100 Simonton Story Key West' FL 33040, grantee:
(Whenever used herein the terns "Wanton" ood "IFUlce" include all the Pffda to this fomment and the heir, lepl repr000mdvetb and radars of
individw4, and the maceoora and udgm ofgoq*Mdotu, trwte and wuxoa)
Witneneth, that said grantor, for and in consideration of the sum of TEN AND N01100 DOLLARS (S 10.00) and other
good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged,
has granted, bargained, and sold to the said grantee, and grantee's heirs and assign forever, the following described lend,
situate, lying and being in Monroe County, Florida to -wit
Loh 30, 31 and the West 1R of Lot 32, in Square 46, according to Maloney', subdivision of a part of
Stock Island, Mourne County, Florida, as recorded in Plat Book 1, Page SS, of the Public Records of
Monroe County, Florida.
Parcel Identification Number: 00126230-000000; 00126220-000000; 001262104*0000
Together with all the tenements, hetedihments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee sample; that the
grantor has good felt and authority all and convey said land; that the grantor hereby fully warrants the title to said
lend oral will defend the some same against thea hwtui chime of all person whomsoever; aural that said land is flee of all
encumbrances, except taxes accruing subsequent to December 31, 2005.
In Witness Whereof, grantor has hereunto act graotoes hand and seal the day and year first above written.
S ,Hied and dell in our presence:
Wi
Witness
State of Florida
County of Monroe
odye ReW ) ---
The foregoing instrument was acknowledged before me this 28th day of November, 2006 by Melodye Roger, who L] is
personally known or pQ has produced a driver's license as identification.
[Notary Seam
Notary P bllc
Mary E. Turso Printed Name: WY E• TURSO
• CortsrtisI ion 0 DD398273
„0� %IMarch 30, 2009 My Commission Expires:
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DocN 2009346
Bkp 2716 P9N 2246
MONROE COUNTY, FLORIDA
RESOLUTION NO. 373 -2014
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING AN
AMENDMENT TO THE DEVELOPMENT AGREEMENT
BETWEEN AND AMONG MONROE COUNTY;
SUMMERLAND PALMS INVESTORS, LLC; COCO PALMS
DEVELOPERS, LLC; SUNCREST INVESTORS, LLC
(SUCCESSOR IN INTEREST TO SUNCREST LANDING, LLC
AND SINGH INVESTORS, LLC); AND OCEANSIDE
INVESTORS, LLC. THE DEVELOPMENT AGREEMENT
BEING AMENDED WAS APPROVED BY THE BOARD OF
COUNTY COMMISSIONERS AT A PUBLIC HEARING ON
DECEMBER 11, 2013, AND RECORDED IN THE OFFICIAL
RECORDS OF MONROE COUNTY ON DECEMBER 19, 2013.
WHEREAS, at a public hearing held on December 10, 2014, the Monroe County Board
of County Commissioners conducted a public hearing to review and consider a request filed by
Attorney Barton W. Smith, on behalf of Summerland Palms Investors, LLC; Coco Palms
Developers, LLC; Suncrest Investors, LLC; and Oceanside Investors, LLC for an amendment to
a Development Agreement (Agreement) in accordance with Monroe County Code §110-132,
§ 110-133 and § 130-161.1 and Florida Statutes § 163.3220 et. seq., the "Florida Local
Government Development Agreement Act"; and
WHEREAS, the existing development agreement was approved by the Board of County
Commissioners at a public hearing on December 11, 2013, and recorded in the official records of
Monroe County on December 19, 2013;
WHEREAS, the existing development agreement allows the transfer of 46 Residential
Rate of Growth Ordinance (ROGO) exemptions — known as Transferable ROGO Exemptions
(TRE's) - from sender sites at 24930 Overseas Highway owned by Summerland Palms Investors
LLC ("Summerland Site") (22 market -rate permanent TRE's); 21585 Old State Road 4A owned
by Coco Palms Developers, LLC ("Cudjoe Site")(17 market -rate permanent TRE's); and 5176
Suncrest Road owned by Suncrest Landing, LLC ("Stock Island Site") (7 market -rate permanent
TRE's) to a receiver site at 5950 and 5970 Peninsular Avenue owned by Oceanside Investors,
LLC ("Oceanside'), in accordance with § 130-161.1 of the Monroe County Code. On the sender
sites, the residential dwelling units from which the transferred market -rate TRE's are derived
shall be converted to, or replaced with, deed -restricted affordable housing; and
Page 1 of 5
Doc
Bkpa271693P9# 2247
WHEREAS, the Agreement involves the redevelopment of the receiver site located on
Peninsular Avenue, Stock Island, Florida. The site has historically been known as Key West
Oceanside Marina (Oceanside); and
WHEREAS, the following amendments are proposed to the existing agreement:
1. Include an adjacent property to the premises associated with the Oceanside Marina
property (Block 46, Lots 30, 31 and %2 Lot 32, Block 60, McDonald's Plat, having
real estate #'s 00126210.000000, 00126220.000000 and 00126230.000000). The
adjacent property is commonly known as the Hickory House property and Oceanside
Investors, LLC has entered into a purchase and sale agreement with Monroe County;
2. Include an abandoned portion of Peninsular Avenue right-of-way to the premises
associated with the Oceanside Marina property (a portion lying between Block 46 and
Block 60). The abandonment was approved by the BOCC on June 30, 2014, as
memorialized in Resolution # 116-2014;
3. Amend the acreage of the Oceanside Marina property to reflect the aforementioned
adjacent property and abandoned road;
4. Amend the total number of hotel rooms allowed at the Oceanside Marina property
from up to 5 hotel rooms to up to 17 hotel rooms;
5. Amend the conceptual site plan approved by the existing agreement to a) include the
aforementioned adjacent property, abandoned road and development thereon the
added land area; b) to modify the hotel buildings to accommodate 17 hotel rooms and
c) extend the approved `boardwalk' along the western shoreline of the added adjacent
property and abandoned road;
6. Allow the transfer of up to 12 vested transient residential dwelling units from Hawk's
Cay on Duck Key (to fulfill ROGO requirements associated with up to 12 of the
proposed 17 hotel rooms);
7. Replace Suncrest Landing, LLC, as a party to the agreement with its predecessor in
interest, Suncrest Investors, LLC;
8. Replace Singh Investors, LLC, as party to the agreement with its predecessor in
interest, Suncrest Investors, LLC; and
WHEREAS, Stock Island the receiver site, located at 5948, 5950 and 5970 Peninsular
Avenue, Stock Island, is legally described as Block 46, Lots 30, 31 and '/2 Lot 32, Block 60,
portions of Lots 1, 2 and 3, Block 61, portions of Lots 1, 2 and 3, the abandoned portion of
Peninsular Avenue lying between Block 46 and Block 60, the abandoned portion of Maloney
Avenue lying between Blocks 60 and 61, McDonald's Plat, also known as Maloney Subdivision
(Plat Book 1, Page 55), having real estate #00126210.000000, #00126220.000000,
#00126230.000000, #00127420.000000 and #00127420.000100; and
WHEREAS, the Summerland Key sender site, located at 24930 Overseas Highway,
Summerland Key, is legally described as Lot 55 and a portion of Lot 54, Summerland Yacht
Harbor (Plat Book 2, Page 142), having real estate #00194741.000100, #00194741.000200,
#00194741.000300, #00194741.000400, #00194141.000500, #00194741.000600,
#00194741.000700, #00 19474 1.000800, #00194741.000900, #00194741.001000,
#00194741.001100, #00194741.001200, #00194741.001300, #00194741.001400,
Page 2 of 5
00C
Bkpp271693Psp 2248
#00194741.001500, #00194741.001600, #00194741.001700, #00194741.001800,
#00194741.001900, #00194741.002000, #00194741.002100 and #00194741.002200; and
WHEREAS, the Cudjoe Key sender site, located at 21585 Old State Road 4A, Cudjoe
Key, is legally described as Lot 30, Sacarma (Plat Book 2, Page 48), having real estate
#00174960.000000; and
WHEREAS, the Stock Island sender site, located at 5176 Suncrest Road, Stock Island, is
legally described as Lots 27 and 28, Sun Krest (Plat Book 1, Page 107), having real estate
#00132680.000000; and
WHEREAS, the development agreement is required as part of an affordable housing
incentive program as set forth in § 130-161.1 of the Monroe County Code; and
WHEREAS, the intent of the program outlined in § 130-161.1 is to establish an
appropriate incentive for mobile home park owners to maintain mobile home park sites, mobile
home developments in Urban Residential Mobile Home (URM) and Urban Residential Mobile
Home Limited (URM-L) districts, and contiguous parcels under common ownership containing
mobile homes where any of the foregoing is presently serving as a primary source of affordable
housing in Monroe County (any of the foregoing being an "eligible sender site") by providing an
alternative development strategy to straightforward market -rate redevelopment; and
WHEREAS, the program outlined in §130-161.1 allows the transfer of market -rate
ROGO exemptions associated with lawfully established dwelling units now existing at an
eligible sender site to be transferred to another site or sites in exchange for maintaining an equal
or greater number of deed -restricted affordable dwelling units within Monroe County; and
WHEREAS, the Monroe County Planning Commission held a public hearing at its
meeting on November 19, 2014, which was the first of two required public hearings; and
WHEREAS, based upon the information and documentation submitted, the Board of
County Commissioners makes the following Findings of Fact:
1. The receiver site, commonly known as Oceanside Marina, 5950 and 5970 Peninsular
Avenue, Stock Island, is located within a Mixed Use (MU) Land Use (Zoning)
District. Further, it is designated within a Mixed Use / Commercial (MC) category
on the Future Land Use Map (FLUM) and within a Tier III district on the Tier
Overlay District Map;
2. The Summerland sender site, 24930 Overseas Highway, Summerland Key, is located
within an Urban Residential Mobile Home (URM) Land Use (Zoning) District.
Further, it is designated within a Residential High (RH) category on the Future Land
Use Map (FLUM) and within a Tier III district on the Tier Overlay District Map;
3. The Cudjoe sender site, 21585 Old State Road 4A, Cudjoe Key, is located partially
within Native Area (NA), Urban Residential Mobile Home (URM) and Suburban
Page 3 of 5
DoeN 2009348
Bkp 2716 P9N 2249
Commercial (SC) Land Use (Zoning) Districts. Further, it is designated partially
within Residential Conservation (RC), Residential High (RH) and Mixed Use /
Commercial (MC) categories on the Future Land Use Map (FLUM) and within a Tier
III district on the Tier Overlay District Map;
4. The Stock Island sender site, 5176 Suncrest Road, Stock Island, is located partially
within Mixed Use (MU) and Native Area (NA) Land Use (Zoning) Districts. Further,
it is designated partially within Mixed Use / Commercial (MC) and Residential
Conservation (RC) categories on the Future Land Use Map (FLUM) and within Tier I
or III districts on the Tier Overlay District Map (affordable housing would be located
entirely within the Tier III portion of the site);
5. On July 30, 2013, the existing development agreement was reviewed by the
Development Review Committee;
6. On November 15, 2013, the Monroe County Planning Commission held a public
hearing, which was the first of two required public hearings, and recommended
approval to the Board of County Commissioners of the existing development
agreement, as memorialized in Planning Commission Resolution #P29-13;
7. On August 26, 2014, the amended development agreement was reviewed by the
Development Review Committee;
8. On November 19, 2014, the Monroe County Planning Commission held a public
hearing and recommended approval to the Board of County Commissioners of the
amended development agreement, as memorialized in Planning Commission
Resolution #P40-14;
9. Florida Statutes § 163.3220 authorizes Monroe County to enter into development
agreements with landowners and/or governmental agencies to encourage a stronger
commitment to comprehensive and capital facilities planning, ensure the provision of
adequate public facilities for development, encourage the efficient use of resources,
and reduce the economic cost of development; and
WHEREAS, based upon the information and documentation submitted, the Board of
County Commissioners makes the following Conclusions of Law:
1. The request is consistent with the provisions and intent of the Monroe County Code;
2. The request is consistent with the provisions and intent of the Monroe County Year
2010 Comprehensive Plan;
3. The request is consistent with the provisions and intent of the Lower Keys (MM 14.2
— 29.0) Livable CommuniKeys Plan;
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4. The request is consistent with the Master Plan for the Future Development of Stock
Island and Key Haven, also known as the Stock Island/Key Haven CommuniKeys
Plan;
5. The request is consistent with the Principles for Guiding Development in the Florida
Keys Area of Critical State Concern;
6. The development agreement is required as part of an affordable housing incentive
program as set forth in § 130-161.1 of the Monroe County Code and furthers the
provision of affordable housing in Monroe County;
7. The Agreement, among other things, is intended to and shall constitute a development
agreement among the Parties pursuant to the Florida Local Government Development
Agreement Act, Section 163.3223, et seq., Florida Statutes.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the preceding Findings of
Fact and Conclusions of Law support its decision to APPROVE the First Amendment to the
Development Agreement.
PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS of
Monroe County, Florida, at a regular meeting held on the 100' of December, 2014.
Mayor Danny L. Kolhage
Mayor pro tem Heather Carruthers
Commissioner Sylvia Murphy
Commissioner George Neugent
Commissioner David Rice
y �s
ycs
Vts
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNT ORID
BY:
anny olhage
(SEAL)`
ATTEST; AMY HEAVILIN, CLERK
MO ROE COUNTY ATT0i-%!-a.
Deputy Clerk r QWE_ D fj; IQ FORM:
FATE OF FLORIDA STEVEN T. WILLIAMS
OUNTY OF MONROE ASSISTANT.COUNTY ATTORNE
his Copy is to True Copy of the
1riginal on File In this Office. Witness
iy hand and Official Seal.
his 1 )10- day of 1DCCt^-t-7U'•
.D., 20 1 `i-
AMY HEAVIIAN Page 5 of 5
Cleric Circuit Court MONROE COUNTY
OFFICIAL RECORDS
y D.C-
Doc# 1962037 12/19/2013 1:32PN
1 Filed & Recorded in Official Records of DocM 1962037
2 MONROE COUNTY AMY HEAVILIN BkO 2663 Pgp 1918
4 DEVELOPMENT AGREEMENT
6 THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into on the //"*'day
7 of �2d4fjnbe-r' 2013, by and between Monroe County, Florida, a Political
8 Subdivision of the State of Florida ("Monroe County'), Summerland Palms Investors, LLC, a
9 Florida limited liability company ("Summerland Palms', Coco Palms Developers, LLC, a
10 Florida limited liability company, ("Coco Palms Developers'), Suncrest Landing, LLC, a
11 Florida limited liability company ("Suncresf'), Singh Investors, LLC, a Florida limited liability
12 company ("Singh Investors'), and Oceanside Investors, LLC, a Florida limited liability
13 company ("Oceanside Investors") (collectively, the "Parties'), pursuant to Sections 110-132,
14 110-133, and 130-161.1 of the Monroe County, Florida, Code of Ordinances ("Monroe County
15 Code' }, and the Florida Local Government Development Agreement Act, Florida Statutes
16 Sections 163.3220-163.3243 (2013), and is binding on the "Effective Date" set forth herein:
17
18
19
WITNESSETH:
20 The Parties hereby agree as follows:
21
22 L RECITALS
23 A. This Agreement involves the redevelopment of property located at 5950 and 5970 Peninsular
24 Avenue, Stock Island, Florida. The site has historically been known as Key West Oceanside
25 Marina and, individually, it is referred to as "Oceanside Property" herein this Agreemem
26
27 B. This Agreement involves the transfer of Transferable Residential Rate of Growth Ordinance
28 Exemptions (TRE's), from Sender Sites at 24930 Overseas Highway, Summerland Key,
29 Florida, 21585 Old State Road 4A, Cudjoe Key, Florida and 5176 Suncrest Road, Stock
30 Island, Florida to the Oceanside Property, a Receiver Site, at 5950 and 5970 Peninsular
31 Avenue, Stock Island, Florida in accordance with Monroe County Code Section 130-161.1.
32 Collectively, these sites are referred to as the "Properties" herein this Agreement.
33
34 C. All Parties have the authority to enter into this Agreement through Florida Statutes Chapter
35 163 and the sole and undivided ownership of the Properties.
36
37 D. Section 163.3220, Florida Statutes, authorizes Monroe County to enter into development
38 agreements with landowners and/or governmental agencies to encourage a stronger
39 commitment to comprehensive and capital facilities planning, ensure the provision of
40 adequate public facilities for development, encourage the efficient use of resources, and
41 reduce the economic cost of development.
42
43 E. This Agreement, among other things, is intended to and shall constitute a development
44 agreement among the Parties pursuant to the Florida Local Government Development
45 Agreement Act, Section 163.3223, et seq., Florida Statutes (the "Act").
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Skp 2663 Pgp 1919
2 F. The Parties recognize that the public noticing and hearing procedures shall follow the
3 requirements of Section 163.3225, Florida Statutes, which requires the local government to
4 conduct two public hearings, one of which may be before the Planning Commission.
5
6 G. Monroe County finds that entering into this Agreement furthers the purposes, goals,
7 objectives and policies of the Monroe County Comprehensive Plan which contains goals and
8 objectives that seek to encourage the provision of affordable housing through incentive
9 programs and regulations (including but not limited to Goal 601, Objective 601.1, Objective
10 601.2 and Objective 601.6).
11
12 H. Monroe County Code Section 130-161.1 encourages the redevelopment of mobile home sites
13 to encourage the establishment/preservation of deed restricted affordable housing in
14 exchange for the ability to transfer an equal number or lesser number of TRE's associated
15 with market -rate, permanent residential dwelling units.
16
17 I. Monroe County Code Section 130-161(a)(1) intends "to establish an appropriate incentive
18 for mobile home park owners to maintain mobile home park sites, mobile home
19 developments in [Urban Residential Mobile Home ("URM") and Urban Residential Mobile
20 Home Limited ("URM-L") Land Use Districts), and contiguous parcels under common
21 ownership containing mobile homes where any of the foregoing is presently serving as a
22 primary source of affordable housing in Monroe County (any of the foregoing being an
23 "eligible sender site") by providing an alternative development strategy to straightforward
24 market -rate redevelopment. This program is intended to allow the transfer of market rate
25 ROGO exemptions associated with lawfully established dwelling units now existing at an
26 eligible sender site to be transferred to another site or sites in exchange for maintaining an
27 equal or greater number of deed -restricted affordable dwelling units within Monroe County.
28 This program seeks to address the housing needs of the Florida Keys as a regional
29 obligation."
30
31 J. Monroe County Code Section 130-161.1(2)(bxi)(iixiii) requires approval of a development
32 agreement and a minor conditional use permit in order to transfer the market -rate TRE's
33 attributable to sites with more than ten (10) mobile homes.
34
35 K. Oceanside Property, 5950 and 5970 Peninsular Avenue, Stock Island, Florida is generally
36 described as follows:
37
38 1. Oceanside Investors owns that certain real property located at 5950 and 5970 Peninsular
39 Avenue, Stock Island, Florida ("Oceanside Property"). A copy of the Special Warranty
40 Deed evidencing Oceanside Investors' ownership is attached as Exhibit 1. Historically
41 and currently the Oceanside Property was and is being used for residential, commercial
42 retail and marina uses.
43
44 2. The Oceanside Property is legally described as Block 60, portions of Lots 1, 2 and 3,
45 Block 61, portions of Lots 1, 2 and 3, the portion of Maloney Avenue lying between
46 Blocks 60 and 61, McDonald's Plat, Plat Book 1, Page 55 also described as parcel of land
Page 2 of 30 (November 27, 2013 version)
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Bk# 2663 P9# 1920
in Sections 26, 34, 35 and 36, Township 37 South and Range 25 East. A complete legal
description is provided in Exhibit 2.
4 3. As of the date of this Agreement, the Oceanside Property is assessed by the Monroe
5 County Property Appraiser as real estate numbers 00127420.000000 and
6 00127420.000100.
7
8 4. The Oceanside Property currently has a Mixed Use ("MU") Land Use (Zoning) District
9 designation and a corresponding Mixed Use Commercial ("MC") Future Land Use Map
10 designation. A copy of the Land Use District Map and Future Land Use Map for the
11 Oceanside Property is attached as Exhibit 3.
12
13 5. The Oceanside Property currently has a Tier Overlay District designation of Tier III.
14
15 6. The Oceanside Property consists of 19.94 acres, including 11.18 acres of upland and 8.66
16 acres of submerged land.
17
18 7. Since September 15, 1986, marinas in the MU Land Use (Zoning) District require a
19 major conditional use permit. Since the Oceanside Property was lawfully developed with
20 a marina prior to September 15, 1986, the Oceanside Property is deemed to have a major
21 conditional use permit in accordance with Monroe County Code Section 101-4(c).
22
23 8. In 1996, the Oceanside investors' predecessor in interest applied for a minor conditional
24 use permit for part of the Oceanside Property, 5970 Peninsular Avenue (real estate
25 #00127420.000100 only). The approval is memorialized by Development Order #12-96,
26 approved by the Monroe County Director of Planning on July 23, 1996 and recorded in
27 the official records of Monroe County on September 6, 1996. The permit allowed for the
28 construction of a 9,600 square foot storage building and other associated accessory
29 improvements. A copy of Development Order # 12-96 is attached as Exhibit 4.
30
31 9. In 1997, the Oceanside Investors' predecessor in interest applied for an amendment to the
32 major conditional use permit for part of the current Oceanside Property, 5950 Peninsular
33 Avenue (real estate #00127420.000000 only). The approval is memorialized by Planning
34 Commission Resolution #P52-97, approved by the Monroe County Planning Commission
35 at a public hearing on July 10, 1997, signed by the Monroe County Planning Commission
36 Chair on August 18, 1999 and recorded in the official records of Monroe County on
37 August 24, 1999. The amendment allowed for the construction of twenty-two (22)
38 attached, market rate residential dwelling units; one (1) boat storage building; an addition
39 to an existing restaurant; and other associated accessory improvements. A copy of
40 Planning Commission Resolution #P52-97 is attached as Exhibit 5.
41
42 10. Following* the issuance of Planning Commission Resolution #P52-97, Oceanside
43 Investors' predecessor in interest and subsequent owner Douglas Walker's successor in
44 interest, Kings Pointe Marina, LLC ("Kings Pointe"), acquired the adjacent property,
45 5970 Peninsular Avenue.
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1 11. Following the issuance of Planning Commission Resolution #P52-97, the twenty-two
2 (22) attached, market rate residential dwelling units approved by Planning Commission
3 Resolution #P52-97 were constructed and sold under condominium ownership. As such
4 the residential dwelling wets are not part of the Oceanside Property.
5
6 12. In 1999, Monroe County, the State of Florida Department of Community Affairs (now
7 Department of Economic Opportunity), Paradise Island Park, Inc. and Key West
8 Oceanside Marina entered into a development agreement allowing the transfer of 22
9 market -rate TRE's from Paradise Island Park to the Oceanside Property. The
10 development agreement was recorded in the official records of Monroe County on April
11 7, 2000 (Book #1627, Pages #444 through #468).
12
13 13. In 2007, the Oceanside Investors' predecessor in interest applied for an amendment to a
14 major conditional use permit for the Oceanside Prop
erty, party, 5950 and 5970 Peninsular
Avenue (real estate #00127420.000000 and real estate #00127420.000100, as well as
16 other property associated with a condominium development). The approval is
37 memorialized by Planning Commission Resolution 021-07, approved by the Monroe
18 County Planning Commission at a public hearing on April 11, 2007, signed by the
19 Planning Commission Chair on May 9, 2007 and recorded in the official records of
20 Monroe County on July 13, 2007. The amendment allowed for the demolition of several
21 buildings and construction of thirty-two (32) attached, market -rate residential dwelling
22 units; two (2) boat barns; eight (8) wet slips; and other associated accessory
23 improvements. A copy of Planning Commission Resolution #P21-07 is attached as
24 Exhibit 6.
25
26 14. The scope of work approved by Planning Commission Resolution 021-07 was only
27 Partially completed. As of the date of this Agreement, development on the Oceanside
28 Property consists of twenty-two (22) attached, market rate dwelling wets (under
29 condominium ownership); a 372 square foot pool house; a 30,090 square foot metal
30 building; 16,109 square foot metal building; a 2,214 square foot tackle shop; a 552 square
31 foot fuel building; a 784 square foot Dock master office; a 1,232 square foot bath house;
32 a 4$00 square foot restaurant; a 102 square foot guard house; and a 22,000 square foot
33 boat barn (under condominium ownership).
34
35 15. Oceanside Investors owns and holds the rights associated with thirty-two (32) TRE's and
36 thirty-two (32) Transferable Development Rights C'TDRs") which have been assigned
37 identifier numbers A-0267 through A-0298 The TRE's and TDR's are recognized as
38 eligible to transfer by Development Order #02-07, issued to Overseas Redevelopment
39 Company {"ORC'). The development order was signed by the Director of Planning and
40 Environmental Resources on April 18, 2007 and recorded in the official records of
41 Monroe County on June 8, 2007. A copy of Development Order #02-07 and proof of
42 Oceanside Investors' ownership of the 32 TDR's and 32 TRE's recognized by
43 Development Order #02-07 is attached as Exhibit 7.
44
45 16. Oceanside Investors has the right to transfer the 32 TDR's and 32 TRE's recognized by
46 Development Order #02-07 off -site to the Oceanside Property, pursuant to Development
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Order #02-07 and provided the provisions of the Monroe County Comprehensive Plan
and the Monroe County Code are met.
4 L. Summerland Palms, 24930 Overseas Highway, Summerland Key, Florida is generally
5 described as follows:
6
7 1. Summerland Palms Investors owns that certain real property located at 24930 Overseas
8 Highway, Summerland Key, Florida ("Summerland Palms Property"). A copy of the
9 Special Warranty Deed evidencing Summerland Palms investors' ownership is attached
10 as Exhibit 8. Historically and currently the Summerland Palms Property was and is used
11 as a mobile home park.
12
13 2. The Summerland Palms Property is legally described as Lot 55 and a portion of Lot 54,
14 Summerland Yacht Harbor, Plat Book 2, Page 142. A complete legal description is
15 provided in Exhibit 9.
16
17 3. As of the date of this Agreement, the Summerland Palms Property is assessed by the
18 Monroe County Property Appraiser as real estate numbers 00194741.000100,
19 00194741.000200, 00194741.000300, 00194741.000400, 00194741.000500,
20 00194741.000600, 00194741.000700, 00194741.000800, 00, 94741.000900,
21 00194741.001000, 00194741.001100, 00194741.001200, 00194741.001300,
22 00194741.001400, 00194741.001500, 00194741.001600, 00194741.001700,
23 00194741.001800, 00194741.001900, 00194741.002000, 00194741.002100, and
24 00194741.002200.
25
26 4. The Summerland Palms Property currently has an Urban Residential Mobile Home
27 ("URM) Land Use (Zoning) District designation and a Residential High ("RW) Future
28 Land Use Map designation. A copy of the Land Use District Map and Future Land Use
29 Map for the Summerland Palms Property is attached as Exhibit 10.
30
31 5. The Summerland Palms Property currently has a Tier Overlay District designation of Tier
32 III.
33
34 6. On November 7, 2013, the Monroe County Director of Planning and Environmental
35 Resources issued a Letter of Development Rights Determination stating that the
36 Summerland Palms Property is entitled to twenty-two (22) Residential Rate of Growth
37 Ordinance (ROGO) exemptions. The letter is attached as Exhibit 11.
38
39 M. Cudjoe Coco Palms, 21585 Old State Road 4A, Cudjoe Key, Florida is generally described
40 as follows:
41
42 1. Coco Palms Developers, LLC owns that certain real property located at 21585 Old Stage
43 Road 4A, Cudjoe Key, Florida ("Cudjoe Coco Palms Property"). A copy of the Quit
44 Claim Deed evidencing Coco Palms Developers' ownership is attached as Exhibit 12.
45 Historically and currently the Cudjoe Coco Palms Property was and is used as a mobile
46 home/recreational vehicle park.
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1
2 2. The Cudjoe Coco Palms Property is legally described as Lot 30 Sacarma, Plat Book 2,
3 Page 48. A complete legal description is provided in Exhibit 13.
4
5 3. As of the date of this Agreement, the Cudjoe Coco Palms Property is assessed by the
6 Monroe County Property Appraiser as real estate number 00174960.000000.
7
8 4. The Cudjoe Coco Palms Property currently has Urban Residential Mobile Home
9 C URM"), Native Area CWA') and Suburban Commercial C'SC') Land Use (Zoning)
10 District designations and Mixed Use Commercial ("MC'), Residential Conservation
11 ("RC") and Mixed Use Commercial C`MC") Future Land Use Map designations. A copy
12 of the Land Use District Map and Future Land Use Map for the Cudjoe Coco Palms
13 Property is attached as Exhibit 14.
14
15 5. The Cudjoe Coco Palms Property currently has a Tier Overlay District designation of
16 Tier III.
17
18 6. On November 26, 2013, the Monroe County Director of Planning and Environmental
19 Resources issued a Letter of Development Rights Determination stating that the Cudjoe
20 Coco Palms Property is entitled to seventeen (17) Residential Rate of Growth Ordinance
21 (ROGO) exemptions. The letter is attached as Exhibit 15.
22
23 N. Suncrest, 5176 Suncrest Road, Stock Island is generally described as follows:
24
25 1. Suncrest owns that certain real property located at 5176 Suncrest Road, Stock island,
26 Florida ("Stock Island Suncrest Property"). A copy of the Warranty Deed evidencing
27 Suncrest's ownership is attached as Exhibit 16. Historically and currently the Stock
28 Island Suncrest Property was and is used as a mobile home park.
29
30 2. The Stock Island Suncrest Property is legally described as Lots 27 and 28 Sun Krest, Plat
31 Book 1, Page 107. A complete legal description is provided in Exhibit 17.
32
33 3. As of the date of this Agreement, the Stock Island Suncrest Property is assessed by the
34 Monroe County Property Appraiser as real estate number 00132680.0000000.
35
36 4. The Stock Island Suncrest Property currently has Mixed Use ("MU") and Native Area
37 C`NA'i Land Use (Zoning) District designations and Mixed Use Commercial C MC'J
38 and Residential Conservation C`RC') Future Land Use Map designations. A copy of the
39 Land Use District Map and Future Land Use Map for the Stock Island Suncrest Property
40 is attached as Exhibit 18.
41
42 5. The Stock Island Suncrest Property currently is divided with Tier Overlay District
43 designations of Tier III and Tier I.
44
45 6. On November 14, 2013, the Monroe County Director of Planning and Environmental
46 Resources issued a Letter of Development Rights Determination stating that the Stock
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8kN 266320P9a 1924
1 Island Suncrest Property is entitled to seven (7) Residential Rate of Growth Ordinance
2 (ROGO) exemptions. The letter is attached as Exhibit 19.
3
4 7. Singh Investors currently has a purchase and sale agreement with Suncrest to acquire the
5 Stock Island Suncrest Property ("Suncrest Purchase Agreement"). A copy of the redacted
6 Suncrest Purchase Agreement is attached as Exhibit 20.
8 Il. PURPOSE
9
10 A. The overall purpose of this Agreement is to allow the Parties to implement the provisions of
11 Monroe County Code Section 130-161.1 as applied to the Properties in order to insure the
12 continued provision of needed affordable housing in the unincorporated Lower Keys.
13
14 B. The Agreement allows the redevelopment of property located at 5950 and 5970 Peninsular
15 Avenue, Stock Island, Florida, in compliance with all applicable provisions of Florida
16 Statutes, the Principles for Guiding Development in the Florida Keys Area of Critical State
17 Concern, the Monroe County Comprehensive Plan, the Master Plan for the Future
18 Development of Stock Island and Key Haven, and the Monroe County Code.
19
20 C. The Agreement allows the Parties to implement the provisions of Monroe County Code
21 Section 130-161.1 as applied to the Properties in order to supply needed affordable housing
22 in the unincorporated Lower Keys and to allow for a reasonable use of the Properties by
23 allowing the transfer of market -rate permanent residential TRE's lawfully associated with the
24 Sender Sites to the Receiver Site.
25
26 D. Summerland Palms and Singh investors desire to transfer the THE rights ("Summerland
27 TRE's"), attributable to twenty-two (22) lawfully -established and recognized market -rate,
28 permanent residential dwelling units, from the Summerland Palms Property to the Oceanside
29 Property. Simultaneously therewith, Summerland Palms and Singh Investors agree to deed
30 restrict the twenty-two (22) residential dwelling units at the Summerland Palms Property and
31 to maintain those residential dwelling units as affordable housing pursuant to Monroe County
32 Code Section 130-161.1.
33
34 E. This Agreement will allow for a reasonable use of the Summerland Palms Property and
35 Oceanside Property by allowing the transfer of market rate TRE's to the eligible receiver site
36 of Oceanside Property, while assuring preservation on the Surn merland Palms Property of an
37 equivalent number of residential dwelling units as affordable housing
38
39 F. Coco Palms Developers desire to transfer the THE rights ("Coco Palms TRE's"), attributable
40 to seventeen (17) lawfully -established and recognized market -rate, permanent residential
41 dwelling units from the Cudjoe Coco Palms Property to the Oceanside Property.
42 Simultaneously therewith, Coco Palms Developers agrees to deed restrict the seventeen (17)
43 residential dwelling units at the Cudjoe Coco Palms Property and to maintain those
44 residential dwelling units as affordable housing pursuant to Monroe County Code Section
45 130-161.1.
46
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1 G. This Agreement will allow for a reasonable use of the Cudjoe Coco Palms Property and
2 Oceanside Property by allowing the transfer of market -rate TRE's to the eligible receiver site
3 of Oceanside Property, while assuring preservation on the Cudjoe Coco Palms Pro e
4 equivalent number of residential dwelling units as affordable housing. p rty of an
5
6 H. Suncrest and Singh Investors desire to transfer the THE rights ("Suncrest TRE's"),
7 attributable to seven (7) lawfully -established and recognized market -rate, permanent
8 residential dwelling units from the Stock Island Suncrest Property to the Oceanside Property.
9 Simultaneously therewith, Suncrest and Singh Investors agree to deed restrict the seven (7)
10 residential dwelling units at the Stock Island Suncrest Property and to maintain those
11 residential dwelling units as affordable housing pursuant to Monroe County Code Section
12 130-161.1.
13
14 I. This Agreement will allow for a reasonable use of the Stock Island Suncrest Property and
15 Oceanside Property by allowing the transfer of market -rate TRE's to the eligible receiver site
16 of Oceanside Property, while assuring preservation on the Stock Island Suncrest Property of
17 an equivalent number of residential dwelling units as affordable housing.
18
19 J. Summerland Palms, Coco Palms Developers, Singh Investors, Suncrest and Oceanside
20 Investors have authorized Barton W. Smith, Esq. to execute this Agreement on their behalf.
21 A copy of Summerland Palms, Singh Investors, Suncrest, and Oceanside Investors' agency
22 authorization is attached hereto at Exhibit 21.
23
24 M. AGREEMENT REQUIREMENTS
25
26 A. Recitals. The recitals explaining the intent and purpose of the project as set forth in the
27 preceding clauses are incorporated herein and form a material part of this Agreement. The
28 Parties recognize the binding effect of Florida Statutes Sections 163.3220-163.3243, as to the
29 form and content of this Agreement and in accordance therewith set forth and agree to the
30 following.
31
32 B. Legal Description and Ownership. The legal descriptions for the Properties subject to this
33 Agreement are set forth in Exhibits 2, 9, 13, and 17.
34
35 C. Duration of Agreement. This Agreement shall remain in effect for ten (10) years from the
36 "Effective Date" as defined herein, and may be extended by mutual consent of the Parties
37 and approval at a public hearing, in accordance with Section 163.3229, Florida Statutes. For
38 the duration of this Agreement, the Parties agree that any development shall comply with and
39 be controlled by this Agreement, the Monroe County Code, and the Monroe County
40 Comprehensive Plan governing the development of land in effect on the date of execution of
41 this Agreement, in accordance with Section 163.3220, Florida Statutes.
42
43 D. Permitted Uses.
44
45 1. Oceanside Property, 5950 and 5970 Peninsular Avenue, Stock Island:
46
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1 a. The Oceanside Property currently has a MU Land Use (Zoning) District designation
2 and a corresponding MC Future Land Use Map designation.
3
4 b. In accordance with this Agreement and with the MC Future Land Use Map category,
5 as set forth in Monroe County Comprehensive Plan Policy 101.4.5, the permitted uses
6 in the MC Future Land Use Map category include commercial retail; office;
7 commercial fishing; attached residential dwelling unit; hotels; marinas and accessory
8 uses.
9
10 c. In accordance with this Agreement and with the MU Land Use (Zoning) District, as
11 set forth in Monroe County Code Section 130-88, and in compliance with other
12 provisions of the Code, the permitted uses in the MU Land Use (Zoning) District
13 include commercial retail; office; commercial fishing; attached residential dwelling
14 unit; hotels; marinas and accessory uses.
15
16 d. In accordance with this Agreement and with the vacation rental provisions, as set
17 forth in Monroe County Code Section 134-1, vacation rentals may occur, and a
18 vacation rental permit is not required for a vacation rental of a dwelling unit located
19 within a controlled access, gated community with a homeowner's or property owner's
20 association that expressly regulates or manages vacation rental uses.
21
22 e. The redevelopment of the Oceanside Property includes the addition of up to seventy-
23 eight (78) new, market rate residential dwelling units, which may be used as vacation
24 rentals, up to five (5) new hotel rooms, a new restaurant, and other improvements
25 related to the existing marina and accessory development. Including the existing
26 twenty-two (22) condominium permanent residential units, the residential density
27 would not exceed one -hundred (100) permanent residential units and five (5) transient
28 units. Not including accessory structures related to the residential uses, the
29 nonresidential intensity shall not exceed 40,000 square feet.
30
31 f. The height of any new structure associated with the redevelopment of the Oceanside
32 Property shall not exceed 35 feet, according to the Monroe County Code in effect at
33 the time of the execution of this Agreement.
34
35 2. SummerIand Palms Property, 24930 Overseas Highway, Summerland Key, Florida:
36
37 a. The Summerland Palms Property currently has an Urban Residential Mobile Home
38 ("UPWI Land Use (Zoning) District designation and a Residential High ("R.H'I
39 Future Land Use Map designation.
40
41 b. In accordance with this Agreement and with the RH Future Land Use Map category,
42 as set forth in Monroe County Comprehensive PIan Policy 101.4.4, the permitted uses
43 in the RH Future Land Use Map category include mobile homes, detached residential
44 dwellings and accessory uses. Mobile homes and detached residential dwellings are
45 eligible to be deed -restricted as affordable housing.
46
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1 c. In accordance with this Agreement and with the URM Land Use (Zoning) District, as
2 set forth in Monroe County Code Section 130-99, and in compliance with other
3 provisions of the Code, the permitted uses in the URM Land Use (Zoning) District
4 include mobile homes, detached residential dwellings and accessory uses. Mobile
5 homes and detached residential dwellings are eligible to be deed -restricted as
6 affordable housing.
7
8 d. The Summerland Palms Property shall be developed with twenty-two (22) mobile
9 homes (or other allowed types of residential dwelling units). All twenty-two (22)
10 residential dwelling units shall be deed -restricted as affordable housing
11 the Monroe County Code. pursuant to
12
13 e. If any mobile home is replaced with a new mobile home or other type of permitted
14 residential dwelling unit, the height of any new structure shall not exceed 35 feet,
15 according to the Monroe County Code in effect at the time of the execution of this
16 Agreement.
17
18 3. Cudjoe Coco Palms Property, 21585 Old State Road 4A, Cudjoe Key, Florida:
19
20 a. The Cudjoe Coco Palms Property currently is divided with Urban Residential Mobile
21 Home ("URM"), Native Area ("NA'j and Suburban Commercial ("SC") Land Use
22 (Zoning) District designations and Mixed Use Commercial ("MC") Residential
23 Conservation ("RC") and Residential High (RH) Future Land Use Ma desi 24 p gnations.
25 b. In accordance with this Agreement and with the RH Future Land Use Map category,
26 as set forth in Monroe County Comprehensive Plan Policy 101.4.4, the permitted uses
27 in the RH Future Land Use Map category include mobile homes, detached residential
28 dwellings and accessory uses. Mobile homes and detached residential dwellings are
29 eligible to be deed -restricted as affordable housing.
30
31 c. In accordance with this Agreement and with the URM Land Use (Zoning) District, as
32 set forth in Monroe County Code Section 130-99, and in compliance with other
33 provisions of the Code, the permitted uses in the URM Land Use (Zoning) District
34 include mobile homes, detached residential dwellings and accessory uses. Mobile
35 homes and detached residential dwellings are eligible to be deed -restricted as
36 affordable housing.
37
38 d. In accordance with this Agreement and with the RC Future Land Use Map category,
39 as set forth in Monroe County Comprehensive Plan Policy 101.4.1, the permitted uses
40 in the RC Future Land Use Map category include detached residential dwellings and
41 accessory uses. Detached residential dwellings are eligible to be deed -restricted as
42 affordable housing.
43
44 e. In accordance with this Agreement and with the NA Land Use (Zoning) District, as
45 set forth in Monroe County Code Section 130-89, and in compliance with other
46 provisions of the Code, the permitted uses in the NA Land Use (Zoning) District
Page 10 of 30 (November 27, 2013 version)
Bkp#266320P9" 1928
1 include detached residential dwellings and accessory uses. Detached residential
2 dwellings are eligible to be deed -restricted as affordable housing.
3
4 f. In accordance with this Agreement and with the MC Future Land Use Map category,
5 as set forth in Monroe County Comprehensive PIan Policy 101.4.5, the permitted uses
6 in the MC Future Land Use Map category include detached and attached residential
7 dwellings and accessory uses. Attached and detached residential dwellings are
8 eligible to be deed -restricted as affordable housing.
9
10 g. In accordance with this Agreement and with the SC Land Use (Zoning) District, as
11 set forth in Monroe County Code Section 130-93, and in compliance with other
12 provisions of the Code, the permitted uses in the SC Land Use (Zoning) District
13 include detached and attached residential dwellings in the form of employee housing
14 and commercial apartments and accessory uses. Attached and detached residential
15 dwellings are eligible to be deed -restricted as employee/affordable housing or
16 commercial apartment/affordable housing.
17
18 h. The Cudjoe Coco Palms Property shall be developed with seventeen (17) mobile
19 homes (or other allowed types of residential dwelling units). All seventeen (17)
20 residential dwelling units shall be deed -restricted as affordable housing pursuant to
21 the Monroe County Code.
22
23 i. If any mobile home is replaced with a new mobile home or other type of permitted
24 residential dwelling unit, the height of any new structure shall not exceed 35 feet,
25 according to the Monroe County Code in effect at the time of the execution of this
26 Agreement.
27
28 4. Stock Island Suncrest Property, 5176 Suncrest Road, Stock Island:
29
30 a. The Stock Island Suncrest Property currently is divided with Mixed Use ("MU") and
31 Native Area ("NA") Land Use (Zoning) District designations and Mixed Use
32 Commercial ("MC') and Residential Conservation C RC'j Future Land Use Map
33 designations.
34
35 b. In accordance with this Agreement and with the MC Future Land Use Map category,
36 as set forth in Monroe County Comprehensive Plan Policy 101.4.5, the permitted uses
37 in the MC Future Land Use Map category include detached and attached residential
38 dwellings and accessory uses. Attached and detached residential dwellings are
39 eligible to be deed -restricted as affordable housing.
40
41 c. In accordance with this Agreement and with the MU Land Use (Zoning) District, as
42 set fortis in Monroe County Code Section 130-88, and in compliance with other
43 provisions of the Code, the permitted uses in the MU Land Use (Zoning) District
44 include detached and attached residential dwellings and accessory uses. Attached and
45 detached residential dwellings are eligible to be deed -restricted as affordable housing.
46
Page 11 of 30 (November 27, 2013 version)
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1 d. In accordance with this Agreement and with the RC Future Land Use Map category,
2 as set forth in Monroe County Comprehensive Plan Policy 101.4.1, the permitted uses
3 in the RC Future Land Use Map category include detached residential dwellings and
4 accessory uses. Detached residential dwellings are eligible to be deed -restricted as
5 affordable housing.
6
7 e. In accordance with this Agreement and with the NA Land Use (Zoning) District, as
8 set forth in Monroe County Code Section 130-89, and in compliance with other
9 provisions of the Code, the permitted uses in the URM Land Use (Zoning) District
10 include detached residential dwellings and accessory. uses. Detached residential
11 dwellings are eligible to be deed -restricted as affordable housing.
12
13 f. The Cudjoe Coco Palms Property shall be developed with seven (7) mobile homes (or
14 other allowed types of residential dwelling units). All seven (7) residential dwelling
15 units shall be deed -restricted as affordable housing pursuant to the Monroe County
16 Code.
17
18 g. If any mobile home is replaced with a new residential dwelling unit, the height of any
19 new structure shall not exceed 35 feet, according to the Monroe County Code in
20 effect at the time of the execution of this Agreement.
21
22 E. Public Facilities. At the sender sites, Summerland Palms, Cudjoe Coco Palms and Stock
23 Island Suncrest, there are no impacts on public facilities since the number of residential
24 dwelling units is derived from pre-existing, lawfully -established mobile homes and the
25 number of residential dwelling units shall not be increased by approval and application of
26 this Agreement. Moreover, at the receiver site, Oceanside, the impact on public facilities is
27 nominal. The numbers of existing residential dwelling units at two of the sender sites,
28 Summerland Palms and Cudjoe Coco Palms, were recognized in the planning for the sewage
29 treatment plant serving the Cudjoe Regional Sewer system. The number of existing
30 residential dwelling units at the other sender site, Stock Island Suncrest, and the receiver site,
31 Oceanside, were recognized in the planning of the sewage treatment plant serving Stock
32 Island. The number of residential dwelling units at the receiver site on Stock Island was
33 accounted for as existing in the data base prepared for the Monroe County 2010
34 Comprehensive Plan.
35
36 1. The Florida Keys Aqueduct Authority provides domestic potable water to each Property.
37 Excluding existing development that may already be metered, the Florida Keys Aqueduct
38 Authority will individually meter each new or replaced residential dwelling unit. In
39 addition, excluding existing development that may already be metered, the Florida Keys
40 Aqueduct Authority will meter other types of development accordingly.
41
42 2. Keys Energy Services provides electric service to each Property. Excluding existing
43 development that may already be metered, Keys Energy Services will individually meter
44 new or replaced residential dwelling units. In addition, excluding existing development
45 that may already be metered, Keys Energy Services will meter other types of
46 development accordingly.
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i
2 3. Solid waste service is provided to each property by a solid waste collection system
3 franchised by Monroe County.
4
5 4. The Oceanside Property and Stock Island Suncrest Property are connected to central
6 sewer via KW Resort Utilities Corp.'s system. The Summerland Patens property and
7 Cudjoe Coco Palms Property currently utilize on -site systems. The Summerland Palms
8 Property and Cudjoe Coco Palms Property are scheduled to be connected to the Cudjoe
9 Regional Sewer System.
10
11 F. Reservation or Dedication of Land. There is no reservation or dedication of land for public
12 purposes contemplated by this Agreement.
13
14 G. Development Allowed. The following specific criteria are those which will guide
15 development of the Properties, and are standards by which any further approvals shall be
16 measured and shall be as follows:
17
18 a. The Oceanside Property consists of 19.84 gross acres consisting of 11.18 acres of
19 upland and 7.66 acres of submerged land. There currently exist twenty -tyro (22)
20 market -rate residential dwelling units, in the form of condominium units on the
21 property.
22
23 b. Oceanside Investors is permitted to transfer thirty-two (32) market -rate TRE's along
24 with thirty-two (32) TDR's to the Oceanside Property pursuant to the Development
25 Order #02-07.
26
27 c. After an equivalent number of deed -restricted affordable housing units are established
28 on the Summerland Palms Property, Summerland Investors is
29 market -rate TRE's associated with lawfully established mobile permitted homes fro the
30 Summerland Palms Property sender site to the Oceanside Property receiver site
31 pursuant to Monroe County Code Section 130-161.1.
32
33 d. After an equivalent number of deed -restricted affordable housing units are established
34 on the Cudjoe Coco Palms Property, Singh Investors is permitted to transfer the
35 market -rate TRE's associated with lawfully established mobile homes from the
36 Cudjoe Coco Palms Property sender site to the Oceanside Property receiver site
37 pursuant to Monroe County Code Section 130-161.1.
38
39 e. After an equivalent number of deed -restricted affordable housing units are established
40 on the Stock Island Suncrest Property, Suncrest is permitted to transfer the market
41 rate TRE's associated with lawfully established mobile homes from the Stock Island
42 Suncrest Property sender site to the Oceanside Property receiver site pursuant to
43 Monroe County Code Section 130-161.1.
44
45 f. Provided such development can be designed and approved by all applicable codes,
46 including but not limited to the Monroe County Code and Florida Building Code,
Page 13 of 30 (November 27, 2013 version)
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1 Oceanside Investors is permitted to develop the following buildings, facilities and
2 structures on the Oceanside Pro
3 perty pursuant to this Agreement:
4 i. In addition to the already existing twenty-two (22 attach
ed, market -rate
5 residential dwelling units, up to seventy-eight 78 new attached, market -rate
residential dwelling units, each of which may be configured to include a
7 separately rentable "lockout" consisting of no more than one (1) bedroom and one
8 (1) bathroom, all of which may be used for vacation rental use
9 Oceanside Investors constructs and 1) installs and maintains a gated entrancea provided
10 2) establishes a homeowner's or ro e
li P P rtY owner's association that expressly
regulates or manages vacation rental uses.
12
13 ii. A hotel with up to five (5) new hotel rooms.
14
15 iii Eight (8) existing wet slips that have existed for over 40 years but have not been
16 properly permitted. Twenty percent (20%) of Oceanside Investors' total wet slips
17
18 shall be restricted to use by licensed commercial fishing vessels.
19 iv. A restaurant with up to 150 seats and up to 3,859 square feet of floor area.
20
21 v. Additional amenities ancillary and accessory to the vacation rental and hotel use,
22 including a lobby, gatehouse, offices, fitness center, bath house, maintenance,
23 housekeeping and watersports consisting of up to 9,352 square feet as depicted on
24 plans submitted with this Agreement.
25
26 vi. A marina store, dock master, and watersport offices consisting of up to 1,973
27 square feet as depicted on plans submitted with this Agreement.
28
29 vii. Parking areas and landscaping
30
31 viii. Public access is permitted to the Oceanside Property from 7:00 a.m. until dusk.
32
33 ix. A cagy of the preliminary Design Data, Parking Calculations and
34 Density/Intensity Table is attached as Exhibit 22.
35
36 H. Vacation Rental Use.
37
38 a. Vacation Rental use of each of Oceanside Property's seventy-eight (78) new attached
39 market rate dwelling units, and of each dwelling unit's lockout, shall be allowed,
40 provided that the Oceanside Property is operated as a gated community with an
41 entrance gate and fence surroun ' the property
42 p perry and establishes a homeowner s or
property owner's association that expressly regulates or manages vacation rental uses.
43 Pursuant to Monroe County Code Section 101-1 "Definitions" a vacation rental unit
44 is defined as "an attached or detached dwelling unit that is rented, leased or assigned
45 for tenancies of less than 28 days duration."
46
Page 14 of 30 (November 27, 2013 version)
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Bk# 2663 P9p 1932
1 b. Pursuant to Monroe County Code Section 134-1(b), Oceanside Investors, its
2 successors and/or assigns shall not be responsible for obtaining "an annual special
3 vacation rental permit for each dwelling unit prior to renting any dwelling unit as a
4 vacation rental, as defined in section 101-1" so long as the Oceanside Property has
5 controlled access, within a gated community with a property, owner's association that
6 expressly regulates or manages vacation rental uses.
7
8 I. Rental License, Monroe County Code Section 23-85 requires each person engaged in the
9 business of renting accommodations, including vacation rentals and other public lodgings
10 Iicensed pursuant to Chapter 509, Florida Statutes, to pay a business tax and to obtain
11 annually a business tax receipt for each place of business at which the rental occurs. Each of
12 the new seventy-eight (78) residential dwelling units and each of the lockouts within such
13 units engaged in Vacation Rental use shall be deemed a "place of business" subject to
14 taxation under Section 23-85. Oceanside Investors, its successors and assigns, so long as all
15 or a portion of the property is used for vacation rentals, shall pay the business tax imposed
16 pursuant to Monroe County Code Section 23-85 for each vacation rental unit and for each
17 lockout utilized for or held out as public lodging, in addition to the five (5) hotel rooms.
18 Pursuant to this Agreement, Oceanside Investors will be required to obtain a total of one
19 hundred sixty-one (161) business tax receipts, consisting of one receipt for each dwelling
20 unit, one receipt for each lockout, and one receipt for each hotel room and shall pay the
21 business tax for each unit, lockout, and hotel room being utilized in the business of Vacation
22 Rental annually. The tax collector may not accept the tax or issue receipts for the business
23 tax unless the vacation rentals are licensed pursuant to Ch. 509, Florida Statutes.
24
25 J. Deed Restrictions for Affordable Housing. The Summerland Palms Property consists of
26 twenty-two (22) parcels of record, with the mobile home spaces/parcels depicted in a survey
27 of the Summerland Palms Condo Association, Inc. dated August 22, 2007. The Cudjoe Coco
28 Palms Property consists of one (1) parcel of record, with the mobile home spaces depicted in
29 the survey dated September 10, 2013. The Stock Island Suncrest Property consists of one (1)
30 parcel of record, with the mobile home spaces depicted in the survey dated September 10,
31 2013.
32
33 a. The Summerland Palms Property shall have a single 99-year deed -restriction for
34 twenty-two (22) affordable housing units and shall be recorded on all land described
35 in 1. Recitals, L. and legally described in Exhibit 9 of this Agreement.
36 b. The Cudjoe Coco Palms Property shall have a single 99-year deed -restriction for
37 seventeen 07) affordable housing units and shall be recorded on all land described in
38 I. Recitals, M. and legally described in Exhibit 13 of this Agreement.
39 c. The Stock Island Suncrest Property shall have a single 99-year deed -restriction for
40 seven (7) affordable housing units and shall be recorded on all land described in I.
41 Recitals, N. and legally described in Exhibit 17 of this Agreement.
42
43 K. Affordability Compliance.
44 a. Affordable housing definition.
Page 15 of 30 (November 27, 2013 version)
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Bk4 2663 Pgp 1933
Affordable housing means residential dwelling units that meet the following
2
requirements:
3
4
a. Meet all applicable requirements of the United States Department of Housing
5
6
and Urban Development minimum property standards as to room sizes,
fixtures, Iandscaping and building
7
materials, when not in conflict with
applicable laws of the county; and
8
9
b. A dwelling unit whose monthly rent, not including utilities, does not exceed
10
11
30 percent of that amount which represents either 50 percent (very low
income) or 80 percent (low income) or 100 percent (median income) or 120
12
percent (moderate income) of the monthly median adjusted household income
13
for the county.
14
15
1 Affordable housing owner occupied low income, means a dwelling unit occupied
16
only by a household whose total household income does not exceed 80 percent of
17
the median monthly household income for the county.
18
19
20
iii. Affordable housing owner occupied, median income, means a dwelling unit
occupied only by a household whose total household income does not exceed 100
21
percent of the median monthly household income for the county.
22
23
iv. Affordable housing owner occupied, moderate income, means a dwelling unit
24
occupied only by a household whose total household income does not exceed 160
25
percent of the median monthly household income for the county.
26
27
******
28
29 vii. Affordable rental housing, low income, means a dwelling unit whose monthly
30 rent, not including utilities, does not exceed 30 percent of the amount that
31 represents 80 percent of the monthly median adjusted household income for the
32 county.
33
34 v"'. Affordable rental housing, median income, means a dwelling unit whose monthly
35 rent, not including utilities, does not exceed 30 percent of the amount that
36 represents 100 percent of the monthly adjusted median household income for the
37 county.
38
39 ix. Affordable rental housing moderate income, means a dwelling unit whose
40 monthly rent, not including utilities, does not exceed 30 percent of the amount
Page 16 of 30 (November 27, 2013 version)
Doc# 1962037
Bka 2663 P90 1934
1 that represents 120 percent of the monthly median adjusted household income for
2 the county.
3
4 *****
5
6 xiv. Median income, rental rates and qualifying incomes table, means eligibility
7 requirements compiled each year by the planning department based upon the
8 median annual household income published for the county on an annual basis by
9 the U.S. Department of Housing and Urban Development and similar information
10 for median and moderate income levels from the Florida Housing Finance
11 Corporation. Affordable housing eligibility requirements for each household will
12 be based upon median annual household income adjusted by family size, as set
13 forth by the U.S. Department of Housing and Urban Development and the Florida
14 Housing Finance Corporation. The county shall rely upon this information to
15 determine maximum rental rates and maximum household incomes eligible for
16 affordable housing rental or purchase.
17
18 xv. Monthly median household income means the median annual household income
19 for the county divided by 12.
20
21 b. Requirements
22
23 i Tourist housing use or vacation rental use of affordable or employee housing units
24 is prohibited.
25
26 ii. The parcel of land proposed for development of affordable or employee housing
27 shall only be located within a tier III designated area or, within a tier III -A
28 (special protection area) designated area that does not propose the clearing of any
29 portion of an upland native habitat patch of one acne or greater in area.
30
31 iii. A unit within a class of affordable housing eligibility may only be sold to a
32 household within that same class, i.e., a median income household that purchased
33 a home within this category must sell the home to a qualifying
34 the median income category. q Ong household within
35
36 iv. During occupancy of any affordable housing rental unit, not otherwise limited by
37 state or federal statute or rule concerning household income, a household's annual
38 income may increase to an amount not to exceed 140 percent of the median
39 household income for the county. If the income of the lessee exceeds this amount,
40 the tenant's occupancy shall terminate at the end of the existing lease term. The
41 maximum lease for any term shall be three years or 36 months.
42
43 v. Pursuant to Monroe County Code Section I30-161(a)(6)i.,when establishing a
44 rental and sales amount, Monroe County shall assume family size as indicated in
Page 17 of 30 (November 27, 2013 version)
k# 2663162037 q 1935
1 the table below. This section shall not be used to establish the maximum number
2 of individuals who actually live in the unit. This table shall be used in conjunction
3 with the eligibility requirements created by Monroe County Code Section 101-1:
4
Size of Unit I Assumed Family Size Minimum Occupancy
Efficiency (no separate I 1 1
One bedroom 2 1
Two bedroom 2
L
ree bedrE:bedrEoo#ms5
3
ur or mo1 per bedroom
5
6 A. Except for tenants of employer -owned rental housing, as set forth in Monroe
7 County Code Section 130-161 (a)(6)k., the income of eligible households shall be
8 determined by counting only the first and highest paid 40 hours of employment
9 per week of each unrelated adult. For a household containing adults related by
10 marriage or a domestic partnership registered with the county, only the highest 60
11 hours of the combined employment hours shall be counted, which shall be
12 considered to be 75 percent of the adjusted gross income. The income of
13 dependents regardless of age shall not be counted in calculating a household's
14 income.
15
16 vii. In the special case of employer -owned rental housing, as defined in Monroe
17 County Code Section 101-1, employees shall be eligible as tenants of the
18 affordable rental housing, if the income of each tenant, as determined following
19 the requirements in Monroe County Code Section 130-161 (a)(6)j., is not more
20 than the 80 percent of the median income adjusted gross income for households
21 within the county. The tenants of this affordable employee housing shall be
22 required to derive at least 70 percent of their income from within the county. The
23 maximum occupancy of employer -owned rental housing for employees shall be
24 no more than two tenants per bedroom; with a maximum of three bedrooms per
25 unit. The total monthly lease charged tenants for each dwelling unit shall not
26 exceed 30 percent of the median adjusted gross annual income for households
27 within the county, divided by 12.
28
29 c. At Monroe County's request, Coco Palms Developers, Singh Investors, Suncrest and
30 Summerland Palms, their successors and/or assigns shall provide Monroe County
31 with an annual report demonstrating compliance with the eligibility requirements of
32 Monroe County Code Section 130-161.
33
34 L. Development and Affordable Housing Standards. The development standards shall be
35 determined by the application of the standards contained in the Monroe County
36 Comprehensive Plan and the Monroe County Code and by the granting of the minor
Page 1S of 30 (November 27, 2013 version)
Doc
Okpp266320P9 1936
i conditional use permits for the transfer of TRE's to and from the Properties as required by
2 Monroe County Code Section 130-161.1. Further, the following specific standards shall
3 apply to the development or deed restriction of the affordable housing units and to the units
4 enabled by the transfer of the permanent, market -rate TRE's.
5
6 a. Market -rate ROGO exemptions for transfer offsite shall be awarded upon recording
7 the corresponding number of deed restrictions for deed -restricted affordable units or
8 parcels.
10
11
b. Neither tourist housing use nor vacation rental use of the affordable housing units
established on the Summerland Palms Property, Cudjoe Coco Palms Property or
12
13
Stock Island Suncrest Property, or any other affordable housing resulting from this
Agreement shall be allowed.
14
15
c. All affordable housing writs maintained at the sender site sites under this Agreement
16
17
and the Monroe County Affordable housing incentive program shall comply with the
following affordability criteria:
IS
19
i. Lot Rents shall be a sum combination of rent assessed by the property owner to
20
the mobile home owner or tenant, the mortgage for the mobile home owner, if
21
22
applicable; and monthly homeowner fees charged by the property owner,
condominium association, or homeowner association, if applicable. Lot rents for
23
24
tenant owned dwelling units shall be guided by a ratio of mortgage payment to lot
rent, with the combined total not exceeding the maximum thresholds stipulated in
25
the Monroe County Code.
26
27
28
For example: A 4-person household in a low income bracket renting a 3-bedroom
affordable housing
29
unit, under Monroe County Code, can be charged $1,734 per
month. Assuming the same 4-person household owned their mobile home with a
30
31
mortgage payment of $513 and a monthly homeowner's association fee of $100,
the resulting lot rent could then be no more than $1,121 month,
32
per and thus the
total monthly housing payment would not exceed the allowed $1,734 per month
33
(based on 2013 median income).
34
35
36
ii. Rents and/or sales prices for resulting deed -restricted affordable housing dwelling
units shall be established in accordance with the affordability criteria defined by
37
Monroe County Code.
38
39
40
iii. At the time of sale of an owner -occupied affordable housing dwelling unit or lot,
the total income
41
of the household, eligible to purchase, shall not exceed the same
42
income limits of the category in which the affordable ROGO allocation was
originally awarded. The unit and lot rents, at the time of sale, may be adjusted, up
43
or down, to maintain compliance with the Monroe County Code in the manner
44
described above.
45
Page 19 of 30 (November 27, 2013 version)
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1 iv. At the time of a new rental for affordable housing dwelling unit, the total income
2 of households eligible to rent shall not exceed the same income limits of the
3 category in which the affordable ROGO allocation was originally awarded.
4
5 d. Monroe County Code Section 130-161.1(c) provides the following requirements for
6 this Agreement:
8
i. ROGO exemptions transferred under this program may be transferred on a 1 for 1
9
basis where the ROGO exemptions are to be transferred to single-family
10
residential lots or parcels within the same ROGO planning subarea. However,
11
where transfers are to be made to commercial or recreational working waterfronts
12
(as defined by Florida Statutes), or to multi -family projects in non -IS districts, the
13
transfers shall result in no fewer than two deed -restricted affordable or workforce
14
housing units remaining on an eligible sender site(s) for each market rate ROGO
15
exemption transferred. Monroe County Section 130-161.1(c)(i)(1) expresses the
16
county's preference for transfer of ROGO exemptions to single-family
17
lotstparcels.
18
19
ii. The eligible sender site property(ies) shall be donated or sold to Monroe County,
20
or otherwise appropriately deed -restricted for long-term affordability. Prior to
21
acceptance of a donated or purchased parcel, all units to be maintained on site
22
23
shall pass a life safety inspection conducted in a manner prescribed by the
Monroe County Building Department. Monroe County may then lease the sender
24
site property to a party who will serve as lessee and sub -lessor of the eligible
25
sender site(s).
26
27
iii The number of transferred ROGO exemptions shall not exceed the number of
28
restricted afffbrdable housing dwelling units maintained at the eligible sender sites.
29
30
iv. The resulting development or redevelopment of affordable housing pursuant to
31
the governing development agreement will be targeted to serve as closely as
32
possible the following household income categories: 25 percent very low income
33
34
households, 25 percent low income households, 25 percent median income
households, and 25
35
percent moderate income households (or as otherwise
approved by the Board of County Commissioners).
36
37
Notwithstanding the preceding sentence, Summerland Palms Investors, Coco
38
Palms Developers, Suncrest, and Singh Investors, subject to each current tenant's
39
40
discretion, agree to enter into leases with all current tenants occupying the
dwelling units to be deed restricted by this Agreement for up to seven (7) years at
41
the current tenant rent rates for each affordable unit (current being at the time this
d2
Agreement is executed), subject to reasonable lease terms in accordance with the
43
provisions of the Landlord — Tenant Act, Chapter 83, Florida Statutes, which rent
44
rate shall not be increased by more than the Consumer Price Index for all US
45
Cities January for seven (7) years. In order to maintain compliance with Monroe
46
County Code Section 130-161(a)(6)g. which limits the maximum lease for any
Page 20 of 30 (November 27, 2013 version)
Doe# 1962037
8k# 2663 Pg# 1938
1 term to three (3) years, Summerland Palms investors, Coco Palms Developers,
2 Suncrest, and Singh Investors agree to provide initial leases for durations of three
3 (3) years. Upon expiration of the initial leases (three (3) years after the
4 commencement of the initial leases), if the occupants r for 5 housing occupancy, their leases shall be renewed for an addition affo
rdable
6 at the same rent rates. Upon expiration of the renewal leases (six (6) years after
7 the commencement of the initial leases), if the occupants requalify for the
8 affordable housing occupancy, their leases shall be renewed for an additional one
9 (1) to three (3) years at the same rent rates.
10
11
v. Lot rents and/or sales prices for resulting deed -restricted dwelling units shall be
12
13
established in accordance with restrictions outlined in Florida Statutes and/ the
Monroe County Code.
14
15
vi. All units designated by the applicable development agreement to remain as deed
16
restricted affordable housing at the donated, purchased or appropriately deed-
17
restricted site(s) shall comply with hurricane standards established by the Florida
18
Building Code and habitability standards established under the Florida Landlord
19
and Tenant Act. Compliance shall be accomplished in a manner and within
20
21
a
timeframe set forth in the development agreement or, if applicable, in the relevant
minor conditional use.
22
23
24
In addition, all affordable housing dwelling units shall comply with the Fire Code
in regard to placement.
25
26
27
vii. A development agreement proposed under this program shall not utilize more
than 50 percent of the
28
29
existing affordable housing allocations then available to
Monroe County, unless otherwise approved by the Board of County
Commissioners.
30
31
32
viii. All of the redeveloped or preserved affordable housing units, whether
redeveloped or retained at the original sender site(s), or at alternate or additional
33
34
locations, shall remain in the same planning sub -district as the original sender
site(s).
35
36
ix. The receiver site shall be located in a Tier III designated area.
37
38
x. The receiver site shall not be located in a velocity (V) zone.
39
40
41
xi. A property owner cannot receive a certificate of occupancy for any unit
constructed as a result of a transferred ROGO exemption until all corresponding
42
eligible sender site units are completed and deed -restricted as affordable dwelling
43
units.
44
45
46
xii. All or any portion of the redeveloped or preserved affordable housing units may
be redeveloped or retained at one or more alternate or additional locations donated
Page 21 of 30 (November 27, 2013 version)
00ctt 1962037
Bk4 2663 P94 1939
1 or sold to Monroe County, identified in the Development Agreement and
2 otherwise compliant with the remainder of this section, including but not limited
3 to the requirements set forth in Monroe County Code Section 130-161.1
4 (2)(c)(i)(2).
5
6 xiii. Transferred ROGO exemptions shall remain in the same ROGO planning
7 subarea
8
9 e. For Monroe County to monitor receipt of the affordable housing ROGO allocations,
10 the Parties agree the Board of County Commissioners may approve the allocation
11 reservation by resolution concurrent with this development
12 P agreement. The resolution
and any other resolutions concerning ROGO reservations shall be the controlling
13 documents concerning the allocation reservations and supersede an
provisions
14 this Agreement. 1t is intended that the initial Resolution be consistent with Monroe
i5 County Code Section 138-24(b)(4) as follows:
16
17 i. By a corresponding resolution, the Board of County Commissioners reserves
i8 forty-six (46) allocations, comprised of twenty-three (23) moderate income
19 affordable ROGO allocations, twelve (12) median income affordable ROGO
20 allocations, and eleven (11) low income affordable ROGO allocations, for award
21 to the above mentioned mobile home arks until five 5
22 date of this p () Yes from the effective
23 agreement.
24 a. Suncrest shall be allocated three (3) low income and four (4) moderate
25 income affordable ROGO allocations.
26 b. Summerland Palms shall be allocated seven (7) low income, ten (10)
27 median income and five (5) moderate affordable ROGO allocations.
28 c. Coco Palms Developers shall be allocated one (1) low income, two (2)
29 median income and fourteen (14) moderate income ROGO allocations.
30
31 ii. The Board of County Commissioners may, at its discretion, place conditions on
32 any reservation as it deems appropriate.
33
34 f. Prior to the transfer of a THE associated with a mobile home that is no longer in
35 existence, an unlawful recreational vehicle or an unsafe mobile home that cannot be
36 improved to meet the habitability standards, the applicant shall construct an
37 affordable housing unit that complies with Monroe County Code and habitability
38 standards.
39
40 g. Pursuant to Monroe County Code Section 130-161(f)(8), upon written agreement
41 between the Monroe County Planning Director and an eligible governmental or
42 nongovernmental entity, the Planning Director may authorize that entity to administer
43 the eligibility and compliance requirements for the Monroe County Planning
44 Department under Monroe County Code Section 130-161 3 4 5 and
45 (f)(6). Under such an agreement, the eligible entity is authorized to qualify a�potential
46 owner -occupier or renter of affordable, employee, or market rate housing developed
Page 22 of 30 (November 27, 2013 version)
Doc# 1962037
Skq 2663 P94 1940
1 as part of an employee or affordable housing project, and annually verify the
2 employment and/or income eligibility of tenants pursuant to Section 130-161(f)(2).
3 The entity shall still be required to provide the Monroe County Planning Department,
4 by January 1 of each year, a written certification verifying that tenants of each
5 affordable, employee, or market rate units meet the applicable employment and
6 income requirements of Section 130-161(f)(2). The following governmental and
7 nongovernmental entities shall be eligible for this delegation of authority: a) the
8 county housing authority, not -for -profit community development organizations,
9 pursuant to Section 130-161(e), and other public entities established to provide
10 affordable housing; b) private developers or other nongovernmental organizations
11 participating in a federal/state housing financial assistance or tax credit program or
12 receiving some form of direct financial assistance from Monroe County; or c)
13 nongovernmental organizations approved by the Board of County Commissioners as
14 affordable housing providers.
15
16 Pursuant to this Agreement, the Board of County Commissioners has approved the
17 Parties of this Agreement (other than Monroe County), which are nongovernmental
18 organizations, as an affordable housing provider. Any qualifier chosen by the Parties
19 (other than Monroe County) shall be approved by the Planning Director in accordance
20 with Section 130-161(f)(8).
21
22 M. Site Plan Approval: Monroe County does hereby accept the conceptual site plan of the
23 Oceanside Property. The conceptual site plan is attached as Exhibit 23. The development
24 shall be consistent with all applicable codes, including but not limited to the Monroe County
25 Comprehensive Plan and Monroe County Code. Following a review of compliance with such
26 codes, the final site plan must be approved by the Monroe County Planning Commission as
27 an amendment to the Property's major conditional use permit. The Planning Commission has
28 final authority over development approval and the site plan which may be amended by the
29 Planning Commission.
30
31 N. Military installation Area of Impact. Oceanside Investors acknowledges and understands
32 the Oceanside Property is within the Military Installation Area of Impact Overlay as defined
33 by the Monroe County Comprehensive Plan. The Oceanside Property is located in the 65 —
34 69 DNL (Day -Night Average Sound Level) noise contour pursuant to the 2013 Navy
35 Environmental Impact Statement. Oceanside Investors agrees to:
36
37 1. Sound attenuate all habitable buildings to achieve an outdoor to indoor Noise Level
38 Reduction (NLR) of at least 25 decibels; and
39
40 2. In any deed conveying a residential unit at the Oceanside Property, Oceanside Investors
41 shall include language in the conveying instrument stating as follows:
42 "The property is located within the Military Installation Area of Impact Overlay
43 and is subject to high noise levels due to Navy operations nearby."
44
Page 23 of 30 (November 27, 2013 version)
Doc# 1962037
Bk# 2663 P9# 1941
1 O. Finding of Consistency. By entering into this Agreement, Monroe County finds that the
2 development permitted or proposed herein is consistent with the Monroe County
3 Comprehensive Plan and Monroe County Code.
4
5 P. Breach, Amendment, Enforcement, and Termination.
6
7 a. Material Breach: A material breach by the Parties is the failure of any Party to
8 comply with the terms of this Agreement after Notice as provided herein.
9
10 b. Notice: Upon any Party's material breach of the terms and conditions of this
11 Agreement, the non -breaching Party shall serve written Notice of the breach upon the
12 breaching Party pursuant to the procedure established in this Agreement and shall
13 provide the opportunity, within ninety (90) days of the date such Notice is served, to
14 propose a method of fulfilling the Agreement's terms and conditions or curing the
15 breach. The breaching Party shall be provided an additional ninety (90) days to cure
16 the material breach or to negotiate an amendment to this Agreement within a
17 reasonable time, as mutually agreed to by the Parties. This Agreement is not subject
18 to arbitration and must be amended in accordance with the statutory requirements.
19
20 c. Amendment or Termination: The Parties hereto shall at all times adhere to the
21 terms and conditions of this Agreement. Amendment, termination, extension, or
22 revocation of this Agreement shall be made in accordance with the notification and
23 procedural requirements set forth herein.
24
25 i. Amendments to this Agreement shall subject Parties to the laws and policies in
26 effect at the time of the amendment only if the conditions of Section 163.3233(2),
27 Florida Statutes, are met.
28
29 ii. No modifications, extensions, amendments, or alterations of the terns or
30 conditions contained herein shall be effective unless contained in a written
31 document approved and executed by the Parties.
32
33 iii. Amendment, extension or termination shall require at least two (2) public
34 hearings. The hearings shall be held pursuant to an application filed with Monroe
35 County by the Party seeking to amend or terminate this AgreemeM along with the
36 requisite filing fee. Notice of public hearing shall be in accordance with Monroe
37 County Ordinances and Florida Statutes.
38
39 d. Enforcement:
40
41 i. After notice and an opportunity to respond and/or cure the material breach as
42 provided for below. In addition, Monroe County may utilize appropriate code
43 compliance remedies to cure any breach after notice and an opportunity to cure as
44 provided herein.
45
Page 24 of 30 (November 27, 2013 version)
Doc" 1962037
Bk" 2663 P9" 1842
1 ii. Monroe County, the other Parties, their successors or assigns, or any aggrieved or
2 any adversely affected person as defined in Section 163.3215(2), Florida Statutes,
3 may file an action for injunctive relief in the Circuit Court of Monroe County to
4 enforce the terns of this Agreement or to challenge compliance with the
5 provisions of Sections 163.3243, Florida Statutes.
7 iii. Nothing contained herein shall limit any other powers, rights, or remedies that
8 either party has, or may have in the future, to enforce the terms of this Agreement.
9
10 Q. Binding Effect of Agreement. The covenants, agreements, and obligations herein contained,
11 except as herein otherwise specifically provided, shall extend to, bind and inure to the benefit
12 of the Parties hereto and their respective personal representatives, heirs, successors and
13 assigns.
14
15 R. State and Federal Law. If State or Federal laws enacted after the effective date of this
16 Agreement preclude either Parry's compliance with the terms of this Agreement, this
17 agreement shall be modified as is necessary to comply with the relevant State or Federal
18 Laws.
19
20 S. Compliance with Other Laws. The failure of this Agreement to address a particular permit,
21 condition, term, or restriction shall not relieve the Parties of the necessity of complying with
22 the laws governing said permitting requirements, conditions, terms or restrictions.
Z3
24 T. Reservation of Rights. This Agreement shall not affect any rights, which may have accrued
25 to any Party to this Agreement under applicable law. The Parties reserve any and all such
26 rights. All approvals referenced in this Agreement are subordinate to compliance with all
27 applicable laws, codes, and land development regulations and permits, except to the extent
28 otherwise provided for in this Agreement.
29
30 U. No Permit. This Agreement is not and shall not be construed as a Development Permit,
31 Development Approval or authorization to commence development, nor shall it relieve the
32 Parties other than Monroe County of the obligations to obtain necessary Development
33 Approvals that are required under applicable law and under and pursuant to the terms of this
34 Agreement and Monroe County Code.
35
36 V. Good Faith; Further Assurances; No Cost. The Parties to this Agreement have negotiated
37 in good faith. It is the intent and agreement of the Parties that they shall cooperate with each
38 other in good faith to effectuate the purposes and intent of, and to satisfy their obligations
39 under, this Agreement in order to secure themselves the mutual benefits created under this
40 Agreement. The Parties agree to execute such further documents as may be reasonably
41 necessary to effectuate the provisions of this Agreement; provided that the foregoing shall in
42 no way be deemed to inhibit, restrict or require the exercise of Monroe County's police
43 power or actions of Monroe County when acting in a quasi-judicial capacity. Wherever in
44 this Agreement a provision requires cooperation, good faith or similar effort to be undertaken
45 at no cost to a party, the party co-operating, reviewing or undertaking the effort shall,
Page 25 of 30 (November 27, 2013 version)
Doeq 1962037
Bko 2663 Pga 1943
1 nonetheless, bear its cost of attendance at meetings, hearings, or proceedings and comment
2 and/or execution of documents, inclusive of the expense of its counsel.
3
4 W. Successors and Assigns. This Agreement shall constitute a covenant running with the land,
5 which shall be binding upon the Parties hereto, their successors in interest, heirs, assigns, and
6 personal representatives.
7
8 X. Joint Preparation. This Agreement has been drafted with the participation of the Parties
9 and their counsel, and shall not be construed against any party on account of dmfismans]up.
10 The captions of each article, section and subsection contained in this Agreement are fore ease
11 of reference only and shall not affect the interpretational meaning of this Agreement.
12 Whenever the term "included" is used in this Agreement, it shall mean that the included
13 items, or terms are included without limitation as to any other items or terms, which may fall
14 within the listed category.
15
16 Y. Notices. All notices, demands, requests or replies provided for or
17 Agreement shall be in writingand permitted by this
may be delivered by any one of the following methods: (a)
18 by personal delivery; (b) by deposit with the United States Postal Service as Certified or
19 Registered mail, return receipt requested, postage prepaid, to the addresses stated below, or
20 (c) by deposit with an ovemight express delivery service with proof of receipt to the
21 addresses stated below. Notice shall be deemed effective upon receipt. For purposes of
22 notice, demand, request, or replies:
23
24 The address of Monroe County shall be:
25
26 County Administrator
27 1100 Simonton Street
28 Room 2-205
29 Key West, Florida 33040
30
31 with a copy to
32
33
Robert Shillinger, , Esq.
34
County Attorney
35
PO Box 1026
36
Key West, Florida 33041
37
and
38
1111 12" Street, Suite 408
39
Key West, Florida 33040
40
41 The address of Summerland Palms, Coco Palms Developers, Suncrest, Singh Investors,
42 and Oceanside Investors shall be:
43
44 C/O John Allison, Esq.
45 P.O. Box 2129
46 Key West, Florida 33045-2129
Page 26 of 30 (November 27, 2013 version)
Doca 1962037
Bkq 2663 P90 1944
1
2 And a copy to
3
4 Barton W. Smith, Esq.
5 Smith Oropeza, P.L.
6 138 - 142 Simonton Street
7 Key West, Florida 33040
8
9 It is the responsibility of the Parties to promptly notify all other Parties of any change in
10 name or address for receipt of notice, demand z u
11 eq est, or replies.
12 Z. Force Majeure. Any prevention, delay or stoppage due to strikes, lockouts, labor disputes,
13 acts of God, inability to obtain labor or materials or reasonable substitutes therefore, riot,
14 civil commotion, fire or other casualty and other causes beyond the reasonable control of the
15 party obligated to perform, excluding the financial inability of such party to perform and
16 excluding delays resulting from appeals or rehearing, shall excuse the performance by such
17 party for a period equal to any such period of prevention, delay or stoppage. In order to avail
18 itself of this force majeure provision, the party invoking the same shall provide the other
29 party with a written notice that shall consist of a recitation of all events that constitute force
20 majeure events under this Section, together with the beginning and ending dates of such
21 events.
22
23 AA. Construction. This Agreement shall be construed in accordance with the laws of the State
24 of Florida. The Parties to this Agreement have participated fully in the negotiation and
25 preparation hereof, and, accordingly, this Agreement shall not be more strictly construed
26 against any one of the Parties hereto. In construing this Agreement, the use of any gender
27 shall include every other and all genders, and captions and section and paragraph headings
28 shall be disregarded. All of the exhibits attached to this Agreement are incorporated in, and
29 made a part of, this Agreement.
30
31 BB. Omission. The Parties hereto recognize and agree that the failure of this Agreement to
32 address a particular permit, condition, terms or restriction shall not relieve either Party of the
33 necessity of complying with the law governing said permitting requirements, conditions,
34 term, or restriction notwithstanding any such omission.
35
36 CC. Jurisdiction and Governing Law. The Parties hereto agree that any and all suits or actions
37 at law shall be brought in Monroe County, Florida and no other jurisdiction. This Agreement
38 shall be construed and interpreted under the laws of the State of Florida.
39
40 DD. Attorney's Fees and Costs. The Parties agree that in the event any cause of action or
41 administrative proceeding is initiated or defended by any party relative to the enforcement or
42 interpretation of this Agreement, the prevailing party shall be entitles{ to reasonable
43 attorneys fees, court costs, as an award against the non -prevailing party, and shall include
attorney's fees, courts costs, in appellate proceedings. Mediation proceedings initiated and
45 conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil
Page 27 of 30 (November 27, 2013 version)
Doea 1962037
Bkq 2663 Pga 1945
1 Procedure and usual and customary procedures required by the circuit court of Monroe
2 County.
3
4 EE. Time of Essence. Time shall be of the essence for each and every provision of this
5 Agreement.
6
7 FF. Entire Agreement. This Agreement, together with the documents referenced herein,
8 constitute the entire agreement and understanding among the Parties with respect to the
9 subject matter hereof, and there are no other agreements, representations or warranties other
10 than as set forth herein. Thus Agreement may not be changed, altered or modified except by
11 an instrument in writing signed by the Party against whom enforcement of such change
12 would be sought and subject to the requirements for the amendment of development
13 agreements in the Act.
14
15 GG. Counterparts. This Agreement may be executed in one or more counterparts, and by
16 different Parties hereto in separate counterparts, each of which when executed shall be
17 deemed to an original but all which taken together constitute one and the same agreement.
18
19 FU Recording. Monroe County shall record this Agreement with the Clerk of the Circuit Court
2D of Monroe County within fourteen (14) days following signature by all Parties. Oceanside
21 Investors agrees that it shall be responsible for all recording fees and other related fees and
22 costs related to the recording and delivery of this Agreement as described in this section
23 The provisions hereof shall remain in full force and effect during the term provided herein
24 and shall be binding upon all successors in interest to the Parties to this Agreement.
2S
26 II. Conflicting Resolutions. All resolutions or parts thereof in conflict with the provisions of
27 this Agreement and its resolution are hereby repealed to the extent of such conflict.
28
29 JJ. Severability. If any part of this Agreement is contrary to, prohibited by, or deemed invalid
30 under any applicable law or regulation, such provisions shall be inapplicable and deemed
31 omitted to the extent so contrary, prohibited, or invalid; however, the remainder of the
32 Agreement shall not be invalidated thereby and shall be given full force and effect as if the
33 contrary, prohibited, or invalid provision was never a part hereof.
34
35 IV. Effective Date. The "Effective Date" of this Agreement shall be forty-five (45) days after it
36 is rendered to the Department of Economic Opportunity or upon the conclusion of any
37 appeal, whichever is later.
38
39
40
41 Balance of this page intentionally left blank signature Rage to f_ ollowl
42
Page 28 of 30 (November 27, 2013 version)
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Doc# 1962037
8k# 2663 P9# 1946
IN WITNESS WHB1tEOF the Parties hereto have set their hands and seals on the da and year
below written.
Summerland Palms Investors LLC
B
Title: A4
Date. 12,
Suncrest santimer LLC
Title
Date: /a /� 1 '3
Oceanside Investors, LLC
By-
�
itle: !iA (� 1 ' m
Date: ) L/r/ ( 3
STATE OF Ekr r
COUNTY OF M o n l oL
Coco Palma Developers, LLC
Title: M (0
Date: 1 Z- �-
Singh Investors, LLC
Date:
35 The foregoing instrument was acknowledged before me on this
36 20 by Pritam Sin the mane --—Ii day of ! <re.K i
managing member of Summerland Palms Investors, LLC, Coco
37 Palms Developers, LLC, Singh Investors, LLC, and Oceanside Investors, LLC. He is personally
38 known to me and 'd a ath.
39
40
41 Notary Publi..........
BARTON sMlnl
Nottry Public - Sltte of FWWa
i' My Comm. Expires Sip 1. 2016
42 1 4 i+� ifs � f h :'• Commission # EE 19N37
43 Print Name '�
�''''��:"� ` Bei*d TkOdO WIWW Ninny 4 1.
44
45 My commission expires: 7' " Z 01(6
46
47
Seal
Page 29 of 30 (November 27, 2013 version)
00ctt 1962037
Bkq 2663 P9N 1947
1
2 STATE OFF ( e
4 COUNTY OF rn ah �ti
5
6 The foregoing instrument was acknowledged before me on this `'^ day of rye c�e vn 6 e,,r
7 20 t3 , by (,.) . 5u ,,jj t•(0 t(c'.c,..� , the managing member of Suncrest Landing, LLC.
8 He is poonall known to me or provided as identification and did not take
9 an oath.
10
--�-
12 Notary Public ; ; ;. GREGORYOROPEZS
Notary 2.: ',tY COA!MlSStON M EE 005958
13 e b: EXPIRES July t 2014
N;° &0A Tt�.•u Notary Pubk. Uiden+� ite
14 Print N e
15
16 My commission expires: I r t-f Seal
17
18
STATE OF FLORIDA
COUNTY OF MONROE
This Copy is a True Copy of the
Original on File in this Offim Witae"
gay hand and OMcial Seal.
Thls
day
A.D,, 2013
A�,M�V HEAVtLIN
i Y+ i !!A %vot Ppurt Y
my ___. U.C.
MONROE COUNTY BOARD OF
co C MNIIS NERS
��F�_
Mayo*Svia M by
MONROE COUNTY ATTORNEY
'P PO As TO FOR
Oats:
Page 30 of 30 (November 27, 2013 version)
CoN�'+ Exhibit# 1
Doc" 19375,
Piled 6 Recorded in Official Records of
MONROE COUNTY ANY NEAVILIN
This document was prepared by
and should be returned to: 06/ 17/2013 2:08PM
GEED DOC STAMP CL: as $33.250.00
Brian M. Janes, Esq.
SHUTTS & BOWEN LLP
300 S. Orange Avenue, Suite 1000
Orlando, Florida 32801
SPECIAL WARRANTY DEED
Doe" 1937508
Bk" 2634 Pq" 572
THAT ATLAS FL I1 SPE LLC, a North Carolina limited liability company (hereinafter
referred to as "Grantor'), for and in consideration of the sum of Ten and No/100 Dollars w o
($10.00) and other good and valuable consideration to it in hand paid by OCEANSIDE Na
INVESTORS LLC, a Florida limited liability company (hereinafter referred to as "Grantee'), MW
whose mailing address is 1010 Kennedy Dr, Suite 302, Key West, FL 33040, the receipt and 41Qi
sufficiency of which consideration are hereby acknowledged, and upon and subject to the
exceptions, liens, encumbrances, terms and provisions hereinafter set forth and described, has
GRANTED, BARGAINED, SOLD and CONVEYED, and by these presents does hereby
GRANT, BARGAIN, SELL and CONVEY, unto Grantee all of the real property situated in 00
Monroe County, Florida, described on Exhibit A attached hereto and made a part hereof for all
purposes, together with all and singular the rights, benefits, privileges, easements, tenements,
hereditaments and appurtenances thereon or in anywise appertaining thereto, and together with
all improvements located thereon and any right, title and interest of Grantor in and to adjacent
streets, alleys and rights -of -way (said land, rights, benefits, privileges, easements, tenements,
hereditaments, appurtenances, improvements and interests being hereinafter referred to as the
"Property').
This conveyance is made subject and subordinate to those encumbrances and exceptions
set forth on Exhibit B attached hereto and made a part hereof for all purposes and all other
matters of record affecting the Property (collectively, the "Permitted Exceptions").
TO HAVE AND TO HOLD the Property, subject to the Permitted Exceptions, as
aforesaid, unto Grantee, its successors and assigns, forever; and Grantor does covenant with
Grantee that, except for the Permitted Exceptions, at the time of delivery of this Special
Warranty Deed, the Property is free from all encumbrances made by Grantor, and Grantor will
WARRANT AND DEFEND all and singular the Property unto Grantee, its successors and
assigns, against the lawful claims and demands of all persons claiming by, through or under
Grantor, but not otherwise.
By acceptance of this Special Warranty Deed, Grantee acknowledges and agrees that any
and all liability hereunder of Grantor, its agents, representatives or employees, including the
Special Warranty of title herein contained, shall be limited to and satisfied solely from the
Grantor's proceeds from the Property.
By acceptance of this Special Warranty Deed, Grantee assumes payment of all real
property taxes on the Property for the year 2013 and subsequent years.
ORLDOCS 129559971
Doeq 1937508
Bkq 2634 Pgp 373
IN WITNESS WHEREOF, this Special Warranty Deed has been executed by Grantor to
be effective as of June(' , 20I3.
Signed, sealed and delivered in the presence of ATLAS FL I1 SPE LLC, a North Carolina
the following witnesses: limited liability company
DacN 1962037
Bkp 2663 Pgp 1949
te
THE STATE OF §
§
COUNTY OF §
is instrument was acknowledged efore a on
�uc,� c i ,the e c e'A4 S
LLC, a North Caro ina limited liability company, on behawfsaic
BRIA14 M. BEfYNErT No
r. Notary Pubile . Slale of Flortda
y2A.r My Comm. Expires May 9, 2014
4,41 �` Commission * 1)0 9897w-
2013, by
of ATLAS FL 11 SPE
liability company.
Name of Notary
My Commission Expires:
ORLDOCS c2955897 1 2
Dcc" 1962037 Docp 1937508
Bk# 2663 Pgp 1950�� Bk# 2634 PgN 574
EXHIBIT A TO SPECIAL WARRANTY DEED
Legal Description
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF MONROE,
STATE OF FLORIDA, AND IS DESCRIBED AS FOLLOWS:
PART A:
UNITS NO. 3-4, J-6, J-9, 3-11 AND J-12 IN OCEANSIDE EAST DRY STORAGE CONDOMINIUM,
ACCORDING TO THE DECLARATION OF CONDOMINIUM THEREOF, AS RECORDED IN OFFICIAL
RECORDS BOOK 1918, PAGE 1967, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, AND ANY
AMENDMENTS THERETO (THE "CONDOMINIUM PARCELS").
TOGETHER WITH EACH UNITS INTEREST IN THE NON-EXCLUSIVE EASEMENT FOR INGRESS AND
EGRESS TO A LAUNCHING SITE AS MORE PARTICULARLY DESCRIBED IN THAT GRANT OF EASEMENT
RECORDED IN OFFICIAL RECORDS BOOK 1915, PAGE 92, OF THE PUBLIC RECORDS OF MONROE
COUNTY, FLORIDA, AND THE NON-EXCLUSIVE EASEMENTS FOR INGRESS, EGRESS, UTILITIES,
DRAINAGE, ENCROACHMENTS AND MAINTENANCE AS MORE PARTICULARLY DESCRIBED IN THAT
GRANT OF EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 1915, PAGE 100, OF THE PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA.
TOGETHER WITH
THAT PARCEL OF LAND (THE "NON -CONDOMINIUM LAND") AS MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
UPLAND TERMINUS BOUNDARY LINE:
A LINE BEING THE WATERWARD BOUNDARY LINE AS OF JULY 1, 1975, LYING IN HAWK CHANNEL IN
SECTION 36, TOWNSHIP 67 SOUTH, RANGE 25 EAST, STOCK ISLAND, MONROE COUNTY, FLORIDA,
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF LOT 3, BLOCK 61, "GEORGE MCDONALDS PLAT OF A
PART OF STOCK ISLAND", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE
55, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE SOUTH 00' 00' 00" EAST,
ALONG THE EAST LINE OF SAID LOT 3, A DISTANCE OF 256.64 FEET MORE OR LESS TO THE
WATERWARD BOUNDARY LINE AS OF JULY 1, 1975, AND THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED LINE; THENCE SOUTH 880 44' 58" WEST, A DISTANCE OF 58.05 FEET; THENCE SOUTH 810
26' 20" WEST, A DISTANCE OF 13.41 FEET; THENCE SOUTH 480 22' 45" WEST, A DISTANCE OF 7.77
FEET; THENCE SOUTH 090 55' 20" WEST, A DISTANCE OF 8.55 FEET; THENCE SOUTH 00- 1Y 09"
WEST, A DISTANCE OF 178.89 FEET; THENCE SOUTH 010 46' 07" WEST, A DISTANCE OF 53.90 FEET,
THENCE SOUTH 060 39' 38" WEST, A DISTANCE OF 34.06 FEET; THENCE NORTH 80° 11' 10" WEST, A
DISTANCE OF 19.75 FEET; THENCE NORTH 060 04' 32" EAST, A DISTANCE OF 30.53 FEET; THENCE
NORTH 02- 25' 50" EAST, A DISTANCE OF 53.34 FEET, THENCE NORTH 160 29' 47" WEST, A DISTANCE
OF 23.38 FEET; THENCE NORTH 40° 25' 19" WEST, A DISTANCE OF 21.08 FEET; THENCE NORTH 63°
50' 22" WEST, A DISTANCE OF 18.30 FEET; THENCE SOUTH 880 24' 25" WEST, A DISTANCE OF 48.58
FEET; THENCE SOUTH 800 34' 05" WEST, A DISTANCE OF 12.37 FEET; THENCE SOUTH 81' 01' 04"
WEST, A DISTANCE OF 38.31 FEET; THENCE SOUTH 77° 16' 42" WEST, A DISTANCE OF 50.24 FEET;
THENCE SOUTH 680 46' 49" WEST, A OISTANCE OF 24.66 FEET; THENCE SOUTH 410 39' 38" WEST, A
DISTANCE OF 17.34 FEET; THENCE SOUTH 050 19' 44" WEST, A DISTANCE OF 26.43 FEET; THENCE
SOUTH 000 Sr 38' WEST, A DISTANCE OF 45.02 FEET; THENCE SOUTH 100 31' 54" EAST, A DISTANCE
OF 26.49 FEET; THENCE SOUTH 140 28' 10" EAST, A DISTANCE OF 29.44 FEET; THENCE SOUTH 340 09'
ORLDOCS 12955997 1 3
DocP 1962037 Dooq 1937508
Bk# 2663 P9p 1951 Ska 2834 Pgm 575
G.
00" EAST, A DISTANCE OF 10.17 FEET, THENCE SOUTH 65' 59' 42" EAST, A DISTANCE OF 13.79 FEET;
THENCE SOUTH 860 2V 21" EAST, A DISTANCE OF 27.69 FEET; THENCE NORTH 870 00' 36" EAST, A
DISTANCE OF 46.24 FEET; THENCE NORTH 810 58' 32" EAST, A DISTANCE OF 35.50 FEET; THENCE
SOUTH 870 38' 26" EAST, A DISTANCE OF 10.36 FEET; THENCE SOUTH 000 00' 45' WEST, A DISTANCE
OF 38.74 FEET; THENCE SOUTH 070 17 00" WEST, A DISTANCE OF 50.37 FEET; THENCE SOUTH 010
31' 11" WEST, A DISTANCE OF 60.24 FEET; THENCE SOUTH 03° 09' 56" EAST, A DISTANCE OF 56.98
FEET; THENCE SOUTH 01° 17 35" WEST, A DISTANCE OF 67.93 FEET; THENCE SOUTH 240 27 36'
WEST; A DISTANCE OF 20.05 FEET; THENCE NORTH 700 07 27" WEST, A DISTANCE OF 30.56 FEET;
THENCE NORTH 39° 29' 04" WEST, A DISTANCE OF 35.34 FEET; THENCE NORTH 20- 28' 48" WEST, A
DISTANCE OF 25.13 FEET; THENCE NORTH 75° 38' 40" WEST, A DISTANCE OF 38.00 FEET; THENCE
NORTH 450 33' 20" WEST, A DISTANCE OF 17.49 FEET, THENCE NORTH 23° 30' 00" WEST, A DISTANCE
OF 28.68 FEET; THENCE NORTH 430 31' 59" WEST, A DISTANCE OF 14.41 FEET; THENCE SOUTH 880
32' 44" WEST, A DISTANCE OF 24.78 FEET; THENCE SOUTH 71° 33' 38" WEST, A DISTANCE OF 41.80
FEET; THENCE SOUTH 890 52' 50" WEST, A DISTANCE OF 42.77 FEET; THENCE SOUTH 82014' 18"
WEST, A DISTANCE OF 32.99 FEET, THENCE SOUTH 73° 17 44" WEST, A DISTANCE OF 19.18 FEET;
THENCE SOUTH 790 38' 41" WEST, A DISTANCE OF 26.35 FEET, THENCE SOUTH 820 50' 54" WEST, A
DISTANCE OF 32.20 FEET, THENCE SOUTH 88° 27' 31" WEST, A DISTANCE OF 22.15 FEET; THENCE
NORTH 630 04' 54" WEST, A DISTANCE OF 5.73 FEET, THENCE SOUTH 56° 22' 23" WEST, A DISTANCE
OF 7.38 FEET, THENCE SOUTH 850 25' 56" WEST, A DISTANCE OF 43.08 FEET, THENCE NORTH 83° 45'
01" WEST, A DISTANCE. OF 31.16 FEET; THENCE SOUTH 87° 16' 53" WEST, A DISTANCE OF 45.21
FEET; THENCE SOUTH 860 20' 31" WEST, A DISTANCE OF 54.32 FEET; THENCE SOUTH 880 07' 13"
WEST, A DISTANCE OF 64.34 FEET, THENCE NORTH 89° 56' 25" WEST, A DISTANCE OF 65.13 FEET;
THENCE NORTH 88° 59' 04" WEST, A DISTANCE OF 52.42 TO THE POINT OF TERMINUS AND THE END
OF THE HEREIN DESCRIBED LINE.
PARCEL A:
ON THE ISLAND OF STOCK ISLAND, AND BEING LOT ONE (1), BLOCK SIXTY (60) ACCORDING TO
GEORGE L. MCDONALD'S MAP OF LOTS ONE (1), TWO (2), THREE (3), FIVE (5) AND SIX (6) OF
SECTION THIRTY FIVE (35), LOT TWO (2) SECTION THIRTY SIX (36), LOT THREE (3) SECTION
TWENTY SIX (26), AND LOT TWO (2) SECTION THIRTY FOUR (34), TOWNSHIP SIXTY SEVEN (67)
SOUTH, RANGE TWENTY FIVE (25) EAST, RECORDED IN PLAT BOOK ONE (1), PAGE SS, MONROE
COUNTY, FLORIDA RECORDS.
AND ALSO
PARCEL B:
BEING AT A POINT ON THE SOUTH BOUNDARY LINE OF PENINSULA AVENUE, 382 FEET DISTANT AND
WEST OF THE INTERSECTION OF THE SOUTH BOUNDARY LINE OF PENINSULA AVENUE WITH THE
WEST BOUNDARY LINE OF MALONEY AVENUE, FROM SAID POINT OF BEGINNING, CONTINUE IN A
WEST DIRECTION ALONG THE SOUTH BOUNDARY LINE OF PENINSULAR AVENUE EXTENDED A
DISTANCE OF 418 FEET, THENCE AT RIGHT ANGLES AND IN A SOUTHERLY DIRECTION A DISTANCE OF
520 FEET; THENCE AT RIGHT ANGLES AND IN AN EASTERLY DIRECTION A DISTANCE OF 600 FEET;
THENCE AT RIGHT ANGLES AND IN A NORTHERLY DIRECTION A DISTANCE OF 184 FEET; THENCE
MEANDERING THE HIGH WATER LINE IN A NORTHWESTERLY AND NORTHEASTERLY DIRECTION A
DISTANCE OF 450 FEET, MORE OR LESS, TO THE POINT OF BEGINNING AND BEING IN A SUBDIVISION
OF LOTS 1, 2, 3, 5 AND 6 OF SECTION 35, LOT 2 OF SECTION 36, LOT 3 OF SECTION 26, LOT 2 OF
SECTION 34, TOWNSHIP 67 SOUTH, RANGE 25 EAST, MONROE COUNTY, FLORIDA.
��,
PARCEL C:
ORLDOCS 129558971 4
Doc# 1962037 DocM 1937508
Bk# 2663 Pg# 1952 Bk# 2634 Pga 576
A PARCEL OF SUBMERGED LAND IN HAWK CHANNEL IN SECTION 36, TOWNSHIP 67 SOUTH, RANGE 25
EAST, STOCK ISLAND, MONROE COUNTY, FLOWDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 1, BLOCK 60 OF THE PLAT OF STOCK ISLAND AS
RECORDED IN PLAT BOOK 1, PAGE 55, PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE
RUN WEST ALONG THE NORTH LINE OF SAID LOT 1 AND THE WESTERLY EXTENSION THEREOF FOR A
DISTANCE OF 600 FEET TO THE NORTHWEST CORNER OF A PARCEL OF SUBMERGED LAND CONVEYED
BY THE TRUSTEES OF THE INTERNAL IMPROVEMENT FUND DEED NO. 19811, DATED JUNE 12, 1951;
THENCE SOUTH ALONG THE WESTERLY LINE OF SAID PARCEL OF SUBMERGED LAND CONVEYED BY
THE TRUSTEES, A DISTANCE OF 520 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL FOR THE
POINT OF BEGINNING OF PARCEL OF SUBMERGED LAND HEREINAFTER DESCRIBED; THENCE
CONTINUE SOUTH A DISTANCE OF 251.6 FEET; THENCE EAST A DISTANCE OF 600 FEET; THENCE
NORTH A DISTANCE OF 251.6 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL OF SUBMERGED
LAND CONVEYED BY THE TRUSTEES OF THE INTERNAL IMPROVEMENT FUND BY DEED NO. 19811;
THENCE WEST ALONG THE SOUTH LINE OF SAID PARCEL A DISTANCE OF 600 FEET, MORE OR LESS,
TO THE POINT OF BEGINNING.
ALSO
PARCEL D:
ON THE ISLAND KNOWN AS STOCK ISLAND AND DESCRIBED ACCORDING TO THE GEORGE
MCDONALD'S PLAT OF A PART OF STOCK ISLAND, RECORDED IN PLAT BOOK 1, PAGE 55, MONROE
COUNTY, FLORIDA AS FOLLOWS;
LOTS TWO (2) AND THREE (3) IN BLOCK SIXTY (60).
ALSO
PARCEL E:
A PARCEL OF FORMERLY SUBMERGED LAND IN HAWK CHANNEL IN SECTION 36, TOWNSHIP 67 SOUTH,
RANGE 25 EAST, MONROE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 3, SQUARE 60 OF PLAT TITLED "ALL LOTS 1, 2, 3, 5
AND 6, SECTION 35; LOT 3, SECTION 26; LOT 2, SECTION 34, STOCK ISLAND, TOWNSHIP 67 SOUTH,
RANGE 25 EAST', RECORDED IN PLAT BOOK 1, PAGE 55, PUBLIC RECORDS OF MONROE COUNTY,
FLORIDA, RUN SOUTH 435.6 FEET; THENCE AT RIGHT ANGLES RUN WEST 200 FEET; THENCE AT
RIGHT ANGLES RUN NORTH 435.6 FEET TO THE SOUTHWEST CORNER OF LOT 2, SQUARE 60 OF THE
ABOVE MENTIONED PLAT; THENCE MEANDER THE SHORELINE TO AN EASTERLY DIRECTION BACK TO
THE POINT OF BEGINNING.
ALSO
PARCEL F:
ON THE ISLAND KNOWN AS STOCK ISLAND AND DESCRIBED ACCORDING TO GEORGE L. MCDONALD'S
PLAT OF A PART OF SAID STOCK ISLAND, RECORDED IN PLAT BOOK ONE (1), PAGE 55, MONROE
COUNTY, FLORIDA, AS FOLLOWS:
LOTS ONE (1) AND TWO (2) IN BLOCK SIXTY ONE (61), TOGETHER WITH A PARCEL OF SUBMERGED
ORLDOCS 12955997 1
Doca 2962037 Doc# 1937508
Bka 2663 Pgq 1953 BkO 2634 PgN 577
LAND IN THE STRAITS OF FLORIDA, SECTION 36, TOWNSHIP 67 SOUTH, RANGE 25 EAST, LOCATED
SOUTHERLY OF AND ADJACENT TO LOTS 1 AND 2, BLOCK 61, AND DESCRIBED AS FOLLOWS:
BEGIN AT THE INTERSECTION OF THE SHORELINE OF STOCK ISLAND AND THE WEST LINE OF SAID
LOT 1, BLOCK 61, ACCORDING TO SAID PLAT OF STOCK ISLAND; THENCE SOUTH ALONG THE WEST
LINE OF SAID LOT 1, BLOCK 61 (EXTENDED) A DISTANCE OF 435 FEET TO A POINT; THENCE EAST A
DISTANCE OF 200 FEET TO A POINT IN THE EAST LINE OF SAID LOT 2, BLOCK 61 (EXTENDED);
THENCE NORTH ALONG THE EAST LINE OF LOT 2, BLOCK 61 (EXTENDED) A DISTANCE OF 475 FEET,
MORE OR LESS TO A POINT IN THE SOUTHERLY SHORELINE OF STOCK ISLAND; THENCE WESTERLY
ALONG THE MEANDERS OF SAID SOUTHERLY SHORELINE, A DISTANCE OF 210 FEET, MORE OR LESS,
BACK TO THE POINT OF BEGINNING.
PARCEL G:
LOT 3 IN BLOCK 61 OF STOCK ISLAND AS SHOWN ON PLAT OF SAID STOCK ISLAND MADE BY GEORGE
L. MCDONALD AND RECORDED IN PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF MONROE
COUNTY, FLORIDA.
ALSO
PARCEL H:
THE PORTION OF MALONEY AVENUE LYING BETWEEN BLOCKS 60 AND 61 OF GEORGE L. MCDONALD'S
PLAT OF A PART OF STOCK ISLAND, AS RECORDED IN PLAT BOOK 1, PAGE 55, OF THE PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA.
PARCEL I:
A PARCEL OF FORMERLY SUBMERGED LAND IN HAWK CHANNEL IN SECTION 35, TOWNSHIP 67 SOUTH,
RANGE 25 EAST, MONROE COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF BLOCK 60 OF A PLAT OF STOCK ISLAND AS RECORDED
IN PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE SOUTH
280 FEET TO THE SOUTHEAST CORNER OF THE SAID BLOCK 60 AND THE SHORELINE ACCORDING TO
THE SAID PLAT OF STOCK ISLAND AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN
DESCRIBED; THENCE CONTINUE SOUTH 435.60 FEET TO A POINT; THENCE EAST 60 FEET TO A POINT;
THENCE NORTH 435.60 FEET TO A POINT, THENCE WEST 60 FEET BACK TO THE POINT OF
BEGINNING.
ALSO
PARCEL J:
A PARCEL OF LAND ON THE ISLAND KNOWN AS STOCK ISLAND, MONROE COUNTY, FLORIDA, MORE
PARTICULARLY DESCRIBED BY THE FOLLOWING METES AND BOUNDS DESCRIPTION:
COMMENCE AT THE NORTHWEST CORNER OF LOT 2, BLOCK 60, ACCORDING TO GEORGE MCDONALD'S
PLAT OF SAID STOCK ISLAND AS RECORDED IN PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF
MONROE COUNTY, FLORIDA; THENCE RUN SOUTH ALONG THE WEST LINE OF SAID LOT 2 AND THE
EXTENSION OF SAID WEST LINE, 715.60 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE
SOUTH, 56.0 FEET; THENCE WEST 381.3 FEET, MORE OR LESS, TO THE WESTERLY FACE OF AN
EXISTING CONCRETE PIER; THENCE SOUTHERLY ALONG A LINE DEFLECTED 93000 LEFT, 30 FEET,
MORE OR LESS; THENCE ALONG THE MEAN HIGH WATER LINE THE FOLLOWING 15 COURSES: (NOTE:
ORLDOCS 129558971
MISSING CALL OF EAST 376.50')
THENCE 87000 DEFLECTED LEFT (DL), 200 FEET, MORE OR LESS;
THENCE 27000 DEFLECTED LEFT, 30.00 FEET, MORE OR LESS;
THENCE 38030 DEFLECTED RIGHT, 18.5 FEET, MORE OR LESS;
THENCE 40*00 DEFLECTED LEFT, 13.0 FEET, MORE OR LESS,
THENCE 46050 DEFLECTED RIGHT, 45.0 FEET, MORE OR LESS,
THENCE 72000 DEFLECTED LEFT, 75.5 FEET, MORE OR LESS;
THENCE 27000 DEFLECTED RIGHT, 25.0 FEET, MORE OR LESS;
THENCE 64-00 DEFLECTED RIGHT, 94.5 FEET, MORE OR LESS;
THENCE 47020 DEFLECTED RIGHT, 52.S FEET, MORE OR LESS;
THENCE 37040 DEFLECTED LEFT, 37.5 FEET, MORE OR LESS;
THENCE 54-15 DEFLECTED LEFT, 24.5 FEET, MORE OR LESS;
THENCE 72-00 DEFLECTED LEFT, 40.0 FEET, MORE OR LESS;
THENCE 28020 DEFLECTED LEFT, 118.5 FEET, MORE OR LESS,
THENCE 56010 DEFLECTED LEFT, 231.9 FEET, MORE OR LESS;
THENCE WEST, 378.80 FEET BACK TO THE POINT OF BEGINNING.
LESS (CONDOMINIUM):
DocN 1937508
8kN 2634 Pg# 578
Doc# 1962037
BkN 2663 PgN 1954
A PARCEL OF LAND LOCATED IN SECTION 36, TOWNSHIP 67 SOUTH, RANGE 25 EAST, STOCK ISLAND,
MONROE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF LOT 3, BLOCK 61, GEORGE MCDONALO'S PLAT OF A PART
OF STOCK ISLAND, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 55, OF
THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE SOUTH FOR A DISTANCE OF 265.88
FEET; THENCE WEST FOR A DISTANCE OF 100.00 FEET; THENCE SOUTH FOR A DISTANCE OF 339.68
FEET, THENCE WEST FOR A DISTANCE OF 67.20 FEET TO THE POINT OF BEGINNING; THENCE
MEANDER THE APPROXIMATE MEAN HIGH WATER LINE FOR THE FOLLOWING TWENTY-TWO (22)
METES AND BOUNDS; THENCE SOUTH 040 53' 14" WEST, A DISTANCE OF 50.44 FEET, THENCE SOUTH
030 31' 10" WEST, A DISTANCE OF 60.33 FEET, THENCE SOUTH 04° 56' 57" EAST, A DISTANCE OF
108.26 FEET, THENCE SOUTH 06° 27 03" WEST, A DISTANCE OF 123.44 FEET; THENCE SOUTH 57° 33'
15" WEST, A DISTANCE OF 86.74 FEET, THENCE SOUTH 810 19' 27" WEST, A DISTANCE OF 44.77
FEET; THENCE NORTH 74° 55' 09" WEST, A DISTANCE OF 14.27 FEET; THENCE NORTH 380 14' 22"
EAST, A DISTANCE OF 83.55 FEET, THENCE NORTH 21° 12' 00" EAST, A DISTANCE OF 20.97 FEET,
THENCE NORTH 280 26' 29" EAST, A DISTANCE OF 45.45 FEET, THENCE NORTH 08° 28' 07" EAST, A
DISTANCE OF 14.52 FEET; THENCE NORTH 44° 57 55" WEST, A DISTANCE OF 32.90 FEET; THENCE
NORTH 450 09' 29" WEST, A DISTANCE OF 12.09 FEET; THENCE SOUTH 870 09' 32" WEST, A DISTANCE
OF 29.15 FEET, THENCE NORTH 7S° 12' 35" WEST, A DISTANCE OF 17.77 FEET, THENCE NORTH 23°
09' 22" WEST, A DISTANCE OF 52.43 FEET, THENCE SOUTH 89° 35' 35" WEST, A DISTANCE OF 7.15
FEET; THENCE NORTH 000 10' 56" EAST, A DISTANCE OF 7.23 FEET; THENCE SOUTH 790 00' 39"
WEST, A DISTANCE OF 63.72 FEET; THENCE NORTH 790 00' 34" WEST, A DISTANCE OF 28.33 FEET;
THENCE SOUTH 770 29' 51" WEST, A DISTANCE OF 80.86 FEET, THENCE NORTH 88° 49' 09- WEST, A
DISTANCE OF 41.75 FEET; THENCE LEAVING THE SAID MEAN HIGH WATER LINE FOR A DISTANCE OF
103.41 FEET; THENCE EAST FOR A DISTANCE OF 81.33 FEET; THENCE NORTH FOR A DISTANCE OF
12.00 FEET; THENCE EAST FOR A DISTANCE OF 157.53 FEET TO A POINT OF CURVATURE OF A CURVE
CONCAVE TO THE NORTHWEST, THENCE LEFT ALONG THE SAID CURVE, HAVING FOR ITS ELEMENTS A
RADIUS OF 32.00 FEET AND A CENTRAL ANGLE OF 900 00' 00" FOR A DISTANCE OF 50.27 FEET TO A
POINT OF TANGENCY; THENCE NORTH FOR A DISTANCE OF 36.77 FEET; THENCE EAST FOR A
DISTANCE OF 106.74 FEET TO THE POINT OF BEGINNING.
LESS THE FOLLOWING PIERS:
ORLDOCS 12955897 1 7
DocU 1962037 DocN 1937508
Bk# 2663 P99 1955 Bk# 2634 P9p 579
NORTH PIER:
ON STOCK ISLAND, MONROE COUNTY, FLORIDA, AND IS A PARCEL OF SUBMERGED LAND LYING
SOUTH OF BLOCK 60, ACCORDING TO GEO MCDONALD'S PLAT OF STOCK ISLAND AS RECORDED IN
PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; AND THE SAID
PARCEL BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCE AT THE POINT OF INTERSECTION OF THE CENTERLINE OF MALONEY AVENUE WITH THE
CENTERLINE OF PENINSULAR AVENUE; THENCE SOUTH ALONG THE CENTERLINE OF MALONEY
AVENUE AND THE SOUTHERLY EXTENSION THEREOF FOR A DISTANCE OF 290.23 FEET TO A POINT;
THENCE WEST 228.63 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND BEING
DESCRIBED HEREIN; THENCE SOUTH FOR A DISTANCE OF 109 FEET TO A POINT; THENCE WEST FOR
A DISTANCE OF 390.55 FEET TO A POINT; THENCE SOUTH 03° 11' 40" EAST FOR A DISTANCE OF 5.17
FEET TO A POINT; THENCE SOUTH 8610 48' 20" WEST FOR A DISTANCE OF 33.50 FEET TO A POINT;
THENCE NORTH 030 1 V 40" WEST FOR A DISTANCE OF 119.9 FEET TO A POINT; THENCE NORTH 86°
48' 20" EAST FOR A DISTANCE OF 33.50 FEET TO A POINT; THENCE SOUTH 03" 11' 40" EAST FOR A
DISTANCE OF 5.49 FEET TO A POINT; THENCE EAST FOR A DISTANCE OF 398.11 FEET BACK TO THE
POINT OF BEGINNING.
MIDDLE PIER:
ON STOCK ISLAND, MONROE COUNTY, FLORIDA, AND IS A PARCEL OF SUBMERGED LAND LYING
SOUTH OF BLOCK 60, ACCORDING TO GEO MCDONALD'S PLAT OF STOCK ISLAND AS RECORDED IN
PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, AND THE SAID
PARCEL BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCE AT THE POINT OF INTERSECTION OF THE CENTERLINE OF MALONEY AVENUE WITH THE
CENTERLINE OF PENINSULAR AVENUE; THENCE SOUTH ALONG THE CENTERLINE OF MALONEY
AVENUE AND THE SOUTHERLY EXTENSION THEREOF FOR A DISTANCE OF 290.23 FEET TO A POINT;
THENCE WEST 228.63 FEET TO A POINT; THENCE SOUTH FOR A DISTANCE OF 191.89 FEET TO THE
POINT OF BEGINNING OF THE PARCEL OF LAND BEING DESCRIBED HEREIN; THENCE CONTINUE
SOUTH FOR A DISTANCE OF 127 FEET TO A POINT; THENCE WEST FOR A DISTANCE OF 348.48 FEET
TO A POINT, THENCE SOUTH 03° 11' 40" EAST FOR A DISTANCE OF 13.19 FEET TO A POINT; THENCE
SOUTH 860 49' 20" WEST FOR A DISTANCE OF 45 FEET TO A POINT; THENCE NORTH 03° 11' 40" WEST
FOR A DISTANCE OF 16 FEET TO A POINT; THENCE SOUTH 860 48' 20" WEST FOR A DISTANCE OF 20
FEET TO A POINT, THENCE NORTH 030 11' 40" WEST FOR A DISTANCE OF 125 FEET TO A POINT;
THENCE NORTH 860 48' 20" EAST A DISTANCE OF 20 FEET TO A POINT; THENCE NORTH 03° 11' 40"
WEST A DISTANCE OF 16 FEET TO A POINT, THENCE NORTH 86° 48' 20" EAST A DISTANCE OF 45 FEET
TO A POINT, THENCE SOUTH 030 1 V 40" EAST FOR A DISTANCE OF 16.61 FEET TO A POINT; THENCE
EAST FOR A DISTANCE OF 355.66 FEET TO THE POINT OF BEGINNING.
LESS THE FOLLOWING PIER:
SOUTH PIER:
ON STOCK ISLAND, MONROE COUNTY, FLORIDA, AND IS A PARCEL OF SUBMERGED LAND LYING
SOUTH OF BLOCK 60, ACCORDING TO GEO MCDONALD'S PLAT OF STOCK ISLAND, AS RECORDED IN
PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, AND THE SAID
PARCEL BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCE AT THE POINT OF INTERSECTION OF THE CENTERLINE OF MALONEY AVENUE WITH THE
CENTERLINE OF PENINSULAR AVENUE; THENCE SOUTH ALONG THE CENTERLINE OF MALONEY
AVENUE AND THE SOUTHERLY EXTENSION THEREOF FOR A DISTANCE OF 290.23 FEET TO A POINT;
ORLDMS 12955897 1 8
Doc# 1962037 Doc# 1937508
Bk# 2663 Pg# 1956 Bk# 2634 PgN 580
THENCE WEST 228.63 FEET TO A POINT; THENCE SOUTH FOR A DISTANCE OF 416.99 FEET TO POINT
OF BEGINNING OF THE PARCEL OF LAND BEING DESCRIBED HEREIN; THENCE CONTINUE SOUTH FOR
A DISTANCE OF 97 FEET TO A POINT; THENCE WEST FOR A DISTANCE OF 408.80 FEET TO A POINT;
THENCE NORTH 030 11' 40" WEST FOR A DISTANCE OF 115 FEET TO A POINT; THENCE NORTH 86" 48'
20" EAST FOR A DISTANCE OF 38.34 FEET TO A POINT; THENCE SOUTH 03° 11' 40" EAST FOR A
DISTANCE OF 20 FEET TO A POINT; THENCE EAST FOR A DISTANCE OF 375.82 FEET BACK TO THE
POINT OF BEGINNING.
LESS THE FOLLOWING PARCEL:
DRY STORAGE:
A PARCEL OF LAND LOCATED IN SECTION 36, TOWNSHIP 67 SOUTH, RANGE 2S EAST, STOCK ISLAND,
MONROE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF LOT 3, BLOCK 61, GEORGE MCDONALDS PLAT OF A PART
OF STOCK ISLAND, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 55, OF
THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE SOUTH FOR A DISTANCE OF 167.57
FEET; THENCE WEST FOR A DISTANCE OF 103.06 FEET TO THE POINT OF BEGINNING; THENCE SOUTH
890 57 20" WEST FOR A DISTANCE OF 182.26; THENCE SOUTH 000 00' 40" EAST FOR A DISTANCE OF
120.31 FEET; THENCE NORTH 890 59' 20" EAST FOR A DISTANCE OF 182.26 FEET, THENCE NORTH 00°
00' 40" WEST FOR A DISTANCE OF 120.31 FEET TO THE POINT OF BEGINNING.
ORLDMS 129559971 9
Doca 1962037 00cp 1937508
Bka 2663 Pga 1957e_�V
Bkq 2634 P9q 381
EXHIBIT B TO SPECIAL WARRANTY DEED
Permitted Exceptions
1. Reservations contained in Deed from the Trustees of the Internal Improvement
Fund of the State of Florida, filed March 29, 1960 in Book 180, Page 381 . Note:
The right of entry has been released pursuant to S270.11, F.S.
2. State of Florida Department of Administration Division of State Planning
Affidavit Regarding the Florida Keys Area of Critical State Concern recorded
August 13, 1976 in Book 668, Page 43.
3. Easement granted to The Utility Board of the City of Key West, Florida by
instrument recorded March 19, 2002 in Book 1769, Page 863.
4. Grant of Non -Exclusive Easement granted to Oceanside Development
Corporation, a Florida corporation and Oceanside Residential Condominium
Association, Inc., a Florida not -for -profit corporation by instrument recorded
March 19, 2002 in Book 1769, Page 1151.
5. Grant of Non -Exclusive Easement and Provider Agreement granted to Oceanside
Development Corporation, a Florida corporation and Oceanside Residential
Condominium Association, Inc., a Florida not -for -profit corporation by
instrument recorded March 19, 2002 in Book 1769, Page 1164.
6. The right, title or interest, if any, of the public to use as a public beach or
recreation area any part of the Land lying between the water abutting the Land
and the most inland of any of the following: (a) the natural line of vegetation; (b)
the most extreme high water mark; (c) the bulkhead line, or (d) any other line
which has been or which hereafter may be legally established as relating to such
public use. Terms and conditions of any existing unrecorded lease(s), and all
rights of lessee(s) and any parties claiming through the lessee(s) under the
lease(s).
7. Rights of the United States Government to that part of the Land, if any, being
artificially filled in land in what was formerly navigable waters arising by reason
of the United States Government control over navigable waters in the interest of
navigation and commerce.
8. Any adverse ownership claim by the State of Florida by right of sovereignty to
any part of the Land that is, as of the Date of Policy or was at any time previously,
under water (submerged).
9. Reservation(s) in favor of the Trustees of the Internal Improvement Fund of the
State of Florida contained in the Deed recorded November 16, 1964 in Book 325,
Page 595, as to: a. 3/4 interest in all phosphate, mineral and metal rights. b. 1/2
interest in all petroleum rights. c. Rights of exploration in conjunction with
OKLDOCS 12955997 1 10
Doc# 1962037 Doc# 1937508
Sk# 2663 P9# 1958 8k# 2634 Py# 582
phosphate, mineral, metal and/or petroleum rights have been released pursuant to
Florida Statute 270.11(2).
10. Storm Sewer Easement to the State of Florida for the use and benefit of the State
Road Department of Florida recorded September 27, 1966 in Book 379, Page
1033.
11. Drainage Easement in favor of the State Road Department of Florida recorded
October 21, 1966 in Book 381, Page 225.
12. Reservation in favor of the Trustees of the Internal Improvement Fund of the
State of Florida contained in the Deed recorded January 29, 1970 in Book 446,
Page 255, as to: a. 3/4 interest in all phosphate, mineral, and metal rights b. 1/2
interest in all petroleum rights. c. Rights of exploration in conjunction with
phosphate, mineral, metal and/or petroleum rights have been released pursuant to
Florida Statute 270.11(2).
13. Reservation in favor of the Trustees of the Internal Improvement Fund of the
State of Florida contained in the Deed recorded March 26, 1973 in Book 534,
Page 198, as to: a. 3/4 interest in all phosphate, mineral, and metal rights, b. 1/2
interest in all petroleum rights. c. Rights of exploration in conjunction with
phosphate, mineral, metal and/or petroleum rights have been released pursuant to
Florida Statute 270.11(2).
14. Easement in favor of the Utility Board of the City of Key West recorded January
27, 1977 in Book 690, Page 313.
15. Reservation in favor of the Trustees of the Internal Improvement Fund of the
State of Florida contained in the Deed recorded December 6, 1985 in Book 959,
Page 2354, as to: a. 3/4 interest in all phosphate, mineral, and metal rights. b. 1/2
interest in all petroleum rights. c. Rights of exploration in conjunction with
phosphate, mineral, metal and/or petroleum rights have been released pursuant to
Florida Statute 270.11(2).
I6. Grant of Non -Exclusive Access and Parking Easement Agreement in favor of
Oceanside Marina Condominium Association, Inc., as recorded July 1, 1997 in
Book 1464, Page 1517.
17. County Ordinance 10-77, providing for the annual levy on garbage and trash
collection fees to be assessed upon this parcel of land.
18. Grant of Easement (Launching) as recorded August 1, 2003 in Book 1915, Page
92.
19. Grant of Easement (ingress, Egress, Utilities, Drainage, Encroachments and
Maintenance) as recorded August 1, 2003 in Book 1915, Page 100.
ORLDOCS 129559971 11
Doc# 1962037 1' Doc# 1937508
Bk# 2663 Pg# 1959 Bk# 2634 Pg# 583
20. All the covenants, conditions, restriction, easements, assessments and possible
liens, terms and other provisions of Declaration of Condominium and Exhibits
thereto, recorded August 11, 2003 in Book 1918, Page 1967, Public Records of
Monroe County, Florida, and as further amended, including, but not limited to one
or more of the following: provisions for private charges or assessments; liens for
liquidated damages; and/or option, right of first refusal or prior approval of a
future purchaser or occupant. NOTE: Developers Right of First Refusal was
terminated in Book 2201, Page 1282 and in Book 2212, Page 1604. (As to Condo
Parcels only)
21. County Resolution No. 265-2004, providing for the annual levy for wastewater
assessments recorded June 23, 2005 in Book 2126, Page 511.
22. Terms and conditions of the Monroe County Planning Commission Resolution
No. P21-07 recorded July 13, 2007 in Book 2308, Page 801.
MONROE COUNTY
oRDOGS 1295589� I 12
1
OFFICIAL RECORDS
Exhibit# 2
OCEANSIDE INVESTORS, LLC
5950 - 5970 Penuinsular Avenue
Stoek Island, Florida
LEGAL DESCRIPTION
That parcel of land as more particularly described as follows: DacN 1962037
Bkp 2663 Pgp 1960
UPLAND TERMINUS BOUNDARY LINE:
A line being the Waterward Boundary Line as of July 1, 1975, lying in Hawk Channel in Section 36, Township
67 South, Range 25 East, Stock Island, Monroe County, Florida, and being more particularly described as
follows:
Commence at the Northeast Corner of Lot 3, Block 61, "George McDonalds Plat of a Part of Stock Island",
according to the plat thereof as recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, Florida;
thence South 000 00' 00" East, along the East line of said Lot 3, a distance of 256.64 feet more or less to the
Waterward Boundary Line as of July 1, 1975, and the Point of Beginning of the herein described line; thence South
88° 44' 58" West, a distance of 58.05 feet; thence South 81' 26' 20" West, a distance of 13.41 feet; thence South 48'
22' 45" West, a distance of 7.77 feet; thence South 09' 55' 20" West, a distance of 8.55 feet; thence South W 10'
09" West, a distance of 178.89 feet; thence South 01° 46' 07" West, a distance of 53.90 feet; thence South 06° 39'
3 8 " West, a distance of 34.06 feet; thence North 800 11' 10" West, a distance of 19.75 feet; thence North 060 04'
32" East, a distance of 30.53 feet; thence North 02° 25' 50" East, a distance of 53.34 feet; thence North 16' 29'47"
West, a distance of 23.38 feet; thence North 40° 25'19" West, a distance of 21.08 feet; thence North 63' 50' 22"
West, a distance of 18.30 feet; thence South 88° 24' 25" West, a distance of48.58 feet; thence South 80° 34' 05"
West, a distance of 12.37 feet; thence South 810 01' 04" West, a distance of 38.31 feet; thence South 77° 16'42"
West, a distance of 50.24 feet; thence South 68° 46' 49" West, a distance of 24.66 feet; thence South 41' 39' 38"
West, a distance of 17.34 feet; thence South 050 19' 44" West, a distance of 26.43 feet; thence South 00' 57' 38"
West, a distance of 45.02 feet; thence South 10° 31' 54" East, a distance of 26A9 feet; thence South 14° 28' 10"
East, a distance of 29.44 feet; thence South 34' 09'00" East, a distance of 10.17 feet; thence South 65' 59' 42" East,
a distance of 13.79 feet; thence South 86° 21'21" East, a distance of 27.69 feet; thence North 8° 00'36" East, a
distance of 46.24 feet; thence North 81' 58'32" East, a distance of 35.50 feet; thence South 87' 38'26" East, a
distance of 10.36 feet; thence South 00' 00'45" West, a distance of 38.74 feet; thence South 07' 17'00" West, a
distance of 50.37 feet; thence South 010 31' l V West, a distance of 60.24 feet; thence South 03°09'56" East, a
distance of 56.98 feet; thence South 01° 17'35" West, a distance of 67.93 feet; thence South 24°27'36" West, a
distance of 20.05 feet; thence North 70°07'27" West, a distance of 30.56 feet; thence North 39029104" West, a
distance of 35.34 feet; thence North 2002848" West, a distance of 25.13 feet; thence North 75038'40" West, a
distance of 38.00 feet; thence North 45°33'20" West, a distance of 17.49 feet; thence North 23"30'00" West, a
distance of 28.68 feet; thence North 43031'59" West, a distance of 14.41 feet; thence South 88°3244" West, a
distance of 24.78 feet; thence South 71 °33'38 West, a distance of 41.80 feet; thence South 89°52'50" West, a
distance of42.77 feet; thence South 82°14'18" West, a distance of 32.99 feet; thence South 73°17'44" West, a
distance of 19.18 feet; thence South 79038'41" West, a distance of 26.35 feet; thence South 82°50'54" West, a
distance of 32.20 feet; thence South 88°2731" West, a distance of feet 22.15; thence North 63004154" West, a
distance of 5.73 feet; thence South 56°2223" West, a distance of 7.38 feet; thence South 85°25'56" West, a distance
of43.08 feet; thence North 83045101" West, a distance of 31.16 feet; thence South 870 16'53" West, a distance of
45.21 feet; thence South 86°20'31" West, a distance of 54.32 feet; thence South 88°07'13" West, a distance of 64.34
feet; thence North 89°56'25" West, a distance of 65.13 feet; thence North 88°59'04" West, a distance of 52.42 to the
Point of Terminus and the end of the herein described line.
PARCEL A:
On the Island of Stock Island, and being Lot One (1), Block Sixty (60) according to George L. McDonald's Map
of Lots One (1), Two (2), Three (3), Five (5) and Six (6) of Section Thirty Five (35), Lot Two (2) Section Thirty
Six (36), Lot Three (3) Section Twenty Six (26), and Lot Two (2) Section Thirty Four (34), Township Sixty
Seven (67) South, Range Twenty Five (25) East, recorded in Plat Book One (1 ), Page 55, Monroe County,
Florida Records.
AND ALSO
PARCEL B:
Doc# 1962037
Sk# 2663 P90 1961
Being at a point on the South boundary line of Peninsula Avenue, 382 feet distant and West of the intersection of
the South boundary line of Peninsula Avenue with the West boundary line of Maloney Avenue, from said Point of
Beginning, continue in a West direction along the South boundary line of Peninsular Avenue extended a distance
of 418 feet; thence at right angles and in a Southerly direction a distance of 520 feet; thence at right angles and in
an Easterly direction a distance of 600 feet; thence at right angles and in a Northerly direction a distance of 184
feet; thence meandering the high water line in a Northwesterly and Northeasterly direction a distance of 450 feet,
more or less, to the Point of Beginning and being in a subdivision of Lots 1, 2, 3, 5 and 6 of Section 35, Lot 2 of
Section 36, Lot 3 of Section 26, Lot 2 of Section 34, Township 67 South, Range 25 East, Monroe County, Florida.
ALSO
PARCEL C:
A parcel of submerged land in Hawk Channel in Section 36, Township 67 South, Range 25 East, Stock Island,
Monroe County, Florida, being more particularly described as follows:
Commencing at the Northeast corner of Lot 1, Block 60 of the Plat of STOCK ISLAND as recorded in Plat Book 1,
Page 55, Public Records of Monroe County, Florida; thence nun West along the North line of said Lot 1 and the
Westerly extension thereof for a distance of 600 feet to the Northeast corner of a panel of submerged land
conveyed by The Trustees of the Internal Improvement Fund Deed No. 19811, dated June 12, 1951; thence South
along the Westerly line of said parcel of submerged land conveyed by the Trustees, a distance of 520 feet to the
Southwest comer of said parcel for the Point of Beginning of parcel of submerged land hereinafter described;
thence continue South a distance of 251.6 feet; thence East a distance of 600 feet; thence North a distance of 251.6
feet to the Southeast corner of said parcel of submerged land conveyed by The Trustees of the Internal
Improvement Fund by Deed No. 19811; thence West along the South line of said parcel a distance of 600 feet,
more or less, to the Point of Beginning.
ALSO
PARCEL D:
On the Island known as Stock Island and described according to the George McDonald's plat of a part of Stock
Island, recorded in Plat Book 1, Page 55, Monroe County, Florida, as follows:
Lots Two (2) and Three (3) in Block Sixty (60).
ALSO
PARCEL E:
A parcel of formerly submerged land in Hawk Channel in Section 36, Township 67 South, Range 25 East,
Monroe County, Florida, more particularly described as follows:
Beginning at the Southeast comer of Lot 3, Square 60 of Plat titled "ALL LOTS 1, 2, 3, 5 and 6, SECTION 35;
LOT 3, SECTION 26, LOT 2, SECTION 34, STOCK ISLAND, TOWNSHIP 67 SOUTH, RANGE 25 EAST',
recorded in Plat Book 1, Page 55, Public Records of Monroe County, Florida, run South 435.6 feet; thence at
right angles run West 200 feet; thence at right angles run North 435.6 feet to the Southwest comer of Lot 2,
Square 60 of the above mentioned plat; thence meander the shoreline to an Easterly direction back to the Point of
Beginning.
ALSO
PARCEL F:
Docit 1962037
Bk# 2663 Pgp 1962
On the Island known as Stock Island and described according to George L. McDonald's plat of a part of said
Stock Island, recorded in Plat Book One (1), Page 55, Monroe County, Florida, as follows:
Lots One (1) and Two (2) in Block Sixty One (61), together with a parcel of submerged land in the Straits of
Florida, Section 36, Township 67 South, Range 25 East, located Southerly of and adjacent to Lots I and 2, Block
61, and described as follows:
Begin at the intersection of the shoreline of Stock Island and the West line of said Lot 1, Block 61, according to
said Plat of STOCK ISLAND; thence South along the West line of said Lot 1, Block 61 (extended) a distance of
435 feet to a point; thence East a distance of 200 feet to a point in the East line of said Lot 2, Block 61 (extended);
thence North along the East line of Lot 2, Block 61 (extended) a distance of 475 feet, more or less to a point in the
Southerly shoreline of Stock Island; thence Westerly along the meanders of said Southerly shoreline a distance of
210 feet, more or less, back to the Point of Beginning.
PARCEL G:
Lot 3 in Block 61 of STOCK ISLAND as shown on Plat of said STOCK ISLAND made by George L. McDonald
and recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, Florida.
ALSO
PARCEL H:
The portion of Maloney Avenue lying between Blocks 60 and 61 of George L. McDonald's Plat of a part of
STOCK ISLAND, as recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, Florida.
PARCEL I:
A parcel of formerly submerged land in Hawk Channel in Section 35, Township 67 South, Range 25 East, Monroe
County, Florida, and more particularly described as follows:
Commence at the Northeast comer of Block 60 of a PLAT OF STOCK ISLAND as recorded in Plat Book 1, Page
55, of the Public Records of Monroe County, Florida; thence South 280 feet to the Southeast corner of the said
Block 60 and the shoreline according to the said PLAT OF STOCK ISLAND and the Point of Beginning of the
parcel of land herein described; thence continue South 435.60 feet to a point; thence East 60 feet to a point; thence
North 435.60 feet to a point; thence West 60 feet back to the Point of Beginning.
ALSO
PARCEL J:
A parcel of land on the Island known as Stock Island, Monroe County, Florida, more particularly described by
the following metes and bounds description:
Commence at the Northwest corner of Lot 2, Block 60, according to George McDonald's Plat of said Stock Island
as recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, Florida; thence run South along
the West line of said Lot 2 and the extension of said West line, 715.60 feet to the Point of Beginning; thence
continue South, 56.0 feet; thence West 381.3 feet, more or less, to the Westerly face of an existing concrete pier;
thence Southerly along a line deflected 93*00 left, 30 feet, more or less; thence along the Mean High Water Line
the following 15 courses: (NOTE: Missing call of East 376.50')
Thence 87000 deflected left (DL), 200 feet, more or less;
Thence 27*00 deflected left, 30.00 feet, more or less;
Thence 38030 deflected right, 18.5 feet, more or less; Doc# 1962037
Thence 40°00 deflected left, 13.0 feet, more or less; Bk# 2663 P9# 1963
Thence 46°50 deflected right, 45.0 feet, more or less;
Thence 72*00 deflected left, 75.5 feet, more or less;
Thence 27000 deflected right, 25.0 feet, more or less;
Thence 64*00 deflected right, 94.5 feet, more or less;
Thence 47*20 deflected right, 52.5 feet, more or less;
Thence 37°40 deflected left, 37.5 feet, more or less
Thence 54°15 deflected left, 24.5 feet, more or less,
Thence 72*00 deflected left, 40.0 feet, more or less;
Thence 28"20 deflected left, 118.5 feet, more or less;
Thence 56*10 deflected left, 231.9 feet, more or less;
Thence West, 378.80 feet back to the Point of Beginning.
LESS (CONDOMINIUM):
A parcel of land located in Section 36, Township 67 South, Range 25 East, Stock Island, Monroe County, Florida,
and being more particularly described as follows:
Commence at the Northeast corner of Lot 3, Block 61, GEORGE MCDONALD'S PLAT OF A PART OF STOCK
ISLAND, according to the plat thereof as recorded in Plat Book 1, Page 55, of the Public Records of Monroe
County, Florida; thence South for a distance of 265.88 feet; thence West for a distance of 100.00 feet; thence South
for a distance of 339.68 feet; thence West for a distance of 67.20 feet to the Point of Beginning; thence meander the
approximate Mean High Water Line for the following twenty-two (22) metes and bounds; thence South 04° 53'14"
West, a distance of 50.44 feet; thence South 03' 31'l0" West, a distance of 60.33 feet; thence South W 56'57"
East, a distance of 108.26 feet; thence South 06° 27'03" West, a distance of 123.44 feet; thence South 57" 33'15"
West, a distance of 86.74 feet; thence South 81 ° 19'27" West, a distance of 44.77 feet; thence North 74° 55'09"
West, a distance of 14.27 feet; thence North 38° 14'22" East, a distance of 83.55 feet; thence North 210 12'00" East,
a distance of 20.97 feet; thence North 28' 26'29" East, a distance of 45.45 feet; thence North 08° 28'07" East, a
distance of 14,52 feet; thence North 44" 5755" West, a distance of 32.0 feet; thence North 45° 09' 29" West, a
distance of 12.09 feet; thence South 8r 09' 32" West, a distance of 29.15 feet; thence North 750 1215" West, a
distance of 17.77 feet; thence North 23° 09' 22" West, a distance of 52.43 feet; thence South 89° 35'35" West, a
distance of 7.15 feet; thence North 00' 10' 56" East, a distance of 7.23 feet; thence South 790 00' 39" West, a
distance of 63.72 feet; thence North 79" 00'34" West, a distance of 28.33 feet; thence South 77° 00' 5 1 " West, a
distance of 80.86 feet; thence North 88' 49' 09" West, a distance of 41.75 feet, thence leaving the said Mean High
Water Line for a distance of 103.41 feet; thence East for a distance of 81.33 feet; thence North for a distance of
12.00 feet; thence East for a distance of 157.53 feet to a point of curvature of a curve concave to the Northwest;
thence left along the said curve, having for its elements a radius of 32.00 feet and a central angle of 90' 00' 00" for
a distance of 50.27 feet to a point of tangency, thence North for a distance of 36.77 feet; thence East for a distance
of 106.74 feet to the Point of Beginning.
LESS THE FOLLOWING PIERS:
NORTH PIER:
On Stock Island, Monroe County, Florida, and is a parcel of submerged land lying South of Block 60, according to
Geo. McDonald's Plat of Stock Island as recorded in Plat Book 1, Page 55, of the Public Records of Monroe
County, Florida; and the said Parcel being described by metes and bounds as follows:
Commence at the point of intersection of the centerline of Maloney Avenue with the centerline of Peninsular
Avenue; thence South along the centerline of Maloney Avenue and the Southerly extension thereof for a distance
OC#
37
Bk# 266320pg# 1964
of 290.23 feet to a point; thence West 228.63 feet to the Point of Beginning of the parcel of land being described
herein; thence South for a distance of 109 feet to a point; thence West for a distance of 390.55 feet to a point;
thence South 03' 11' 40" East for a distance of 5.17 feet to a point; thence South 86° 48' 20" West for a distance of
33.50 feet to a point; thence North 03' 11' 40" West for a distance of 119.9 feet to a point; thence North 86" 48'
20" East for a distance of 33.50 feet to a point; thence South 03' 11' 40" East for a distance of 5.49 feet to a point;
thence East for a distance of 398.11 feet back to the Point of Beginning.
MIDDLE PIER:
On Stock Island, Monroe County, Florida, and is a parcel of submerged land lying South of Block 60, according to
Geo McDonald's Plat of Stock Island as recorded in Plat Book 1, Page 55, of the Public Records of Monroe
County, Florida; and the said parcel being described by metes and bounds as follows:
Commence at the point of intersection of the centerline of Maloney Avenue with the centerline of Peninsular
Avenue; thence South along the centerline of Maloney Avenue and the Southerly extension thereof for a distance
of 290.23 feet to a point; thence West 228.63 feet to a point; thence South for a distance of 191.89 feet to the Point
of Beginning of the parcel of land being described herein; thence continue South for a distance of 127 feet to a
point; thence West for a distance of 348.48 feet to a point; thence South 03° 11' 40" East for a distance of 13.19
feet to a point; thence South 86° 49' 20" West for a distance of 45 feet to a point; thence North 03' 11' 40" West for
a distance of 16 feet to a point; thence South 860 48' 20" West for a distance of 20 feet to a point; thence North 03"
1 F 40" West for a distance of 125 feet to a point; thence North 86' 48' 20" East a distance of 20 feet to a point;
thence North 03° 11' 40" West a distance of 16 feet to a point; thence North 86' 48' 20" East a distance of 45 feet
to a point; thence South 03' 11' 40" East for a distance of 16.61 feet to a point; thence East for a distance of 355.66
feet to the Point of Beginning.
LESS THE FOLLOWING PIER:
SOUTH PIER:
On Stock Island, Monroe County, Florida, and is a parcel of submerged land lying South of Block 60, according to
Geo. McDonald's Plat of Stock Island, as recorded in Plat Book 1, Page 55, of the Public Records of Monroe
County, Florida, and the said parcel being described by metes and bounds as follows:
Commence at the point of intersection of the centerline of Maloney Avenue with the centerline of Peninsular
Avenue; thence South along the centerline of Maloney Avenue and the Southerly extension thereof for a distance
of 290.23 feet to a point; thence West 228.63 feet to a point; thence South for a distance of 416.99 feet to Point of
Beginning of the parcel of land being described herein; thence continue South for a distance of 97 feet to a point;
thence West for a distance of 408.80 feet to a point; thence North 03' 11'4 0" West for a distance of 115 feet to a
point; thence North 86' 48' 20" East for a distance of 38.34 feet to a point; thence South 03' 11' 40" East for a
distance of 20 feet to a point; thence East for a distance of 375.82 feet back to the Point of Beginning.
LESS THE FOLLOWING PARCEL:
DRY STORAGE:
A parcel of land located in Section 36, Township 67 South, Range 25 East, Stock Island, Monroe County, Florida
and being more particularly described as follows:
Commence at the Northeast corner of Lot 3, Block 61, GEORGE MCDONALDS PLAT OF A PART OF STOCK
ISLAND, according to the plat thereof as recorded in Plat Book 1, Page 55, of the Public Records of Monroe
County, Florida; thence South for a distance of 167.57 feet; thence West for a distance of 103.06 feet to the Point of
Beginning; thence South 89' 59' 20" West for a distance of 182.26; thence South 00' 00' 40" East for a distance of
120.31 feet; thence North 89' 59' 20" East for a distance of 182.26 feet; thence North 00' 00' 40" West for a
distance of 120.31 feet to the Point of Beginning.
RE and Alternative Key Numbers
RE Numbers
Alternative Key Numbers
00127420-000100
8884257
00127420-000000
1161624
Doeg 1962037
Bk# 2663 Pgp 1965
U9 Ol MOlvm
Exbibit# 3
I
r-------------
L-------------------------- -------------------------------------------------
................ ---------------------------- ................. -.1 ................
ca 01. /Olvn
------- --------- 4— MENNEN::=
Exhibit# 4
0
•
OFFICIAL RECORDS
FILE # 9 6 4 a 5 2
BKt1 4 2 0 PG*2 1 3 4
RCD Sep 06 1996 11159AN
DANNY L KOLSAGE, CLERK
Doc# 1962037
8k# 2663 P94 I968
MONROE COUNTY, FLORIDA
MINOR'CONDITIONAL USE DEVELOPMENT ORDER #12-96
A DEVELOPMENT ORDER GRANTING THE REQUEST OF
SCOTT OROPEZA FOR A MINOR CONDITIONAL USE TO
CONSTRUCT A 9,600 SQ. FT. BUILDING TO BE USED
FOR STORAGE ON PROPERTY DESCRIBED AS LOTS 1,
2, AND 3, BLOCK 61, MALONEY SUBDIVISION,
STOCK ISLAND, SECTION 35, TOWNSHIP 67 SOUTH,
RANGE 25 EAST, STOCK ISLAND, MONROE COUNTY,
FLORIDA, APPROXIMATE MILE MARKER S. THE LAND
USE DESIGNATION IS MIXED USE AND THE REAL
ESTATE NUMBER IS 0127420-000100.
WHEREAS, Scott Oropeza is the owner of real property de-
scribed as Lots 1, 2, and 3, Block 61, Stock Island, Monroe Coun-
ty, Florida and having real estate number 0127420-000100 ; and
WHEREAS, Scott Oropeza applied for a minor conditional
use approval. to construct a 9,600 sq. ft. building to be used
for storage on the above -described property; and
WHEREAS, the above -described property is located in the
Mixed Use land use district; and
WHEREAS, on -Tuly.9, 1996, the Development Review Committee
of Monroe County, Florida, in accordance with the provisions of
Sections 9.5-24 and 9.5-68 of the Monroe County Land Development
Regulations, met to review the request of Scott Oropeza; and
WHEREAS, the Development Review Committee reviewed the fol-
lowing documents relevant to Scott Oropeza's request:
1. Application for Development Approval filed by Scott
Oropeza, including a sealed site plan drawn by Gonzalez
Architects and dated April 10, 1996, a survey prepared by
Frederick H. Hildebrandt on November 3, 1995, drainage
plans and calculations prepared by Frederick H. Hildebrandt
on April 10, 1996, and a Level 1 traffic study prepared by
Kimley-Horn and Associates, Inc.; and
page 1
MOROPEZ.04/TXTDR,072096,91091 Tniri=l )1
Doc# 1962037 ':i FILE n 9 6 4 r'3
Bkq 2663 Pgp 1969 P, K# 1 4 2 0 P G# 2 1 3 5
2. Staff report submitted by Jill Jernigan, Monroe County De-
velopment Review Planner and Dianna Stevenson, Monroe Coun-
ty Biologist dated June 24, 1996 to the Development Review
Committee recommending approval with conditions; and
3. Coordination letters from the following agencies:
a) City Electric System dated May 24, 1996;
b) Florida Department of State, Division of Historic Re-
sources dated May 28, 1996;
c) Florida Keys Aqueduct Authority dated May 16, 1996;
d) Florida Department of Health and Rehabilitative Servic-
es dated May 17, 1996;
e) Monroe County Recycling Department dated May 23, 1996;
f) Monroe County Fire Marshall dated May 14, 1996; and
WHEREAS, based on the information and documentary evidence
submitted, the Development Review Committee made the following
findings of fact and conclusions of law:
1. Based on the drainage plans submitted by the applicant, it
appears that all stormwater will be retained on site. How-
ever, until the drainage calculations are reviewed by the
County Engineer, compliance cannot be determined; and
2. The applicant did not submit a written explanation of how
construction debris is to be stored and removed from the
project site. Therefore, the proposal is not in compliance
with Sec. 8-85 of the Monroe County Code; and
3. It is the policy of Monroe County to not issue new permits
for nonresidential development until Policies 101.3.5 and
101.5.5 of the Year 2010 Comprehensive Plan are implemented
unless the development is federally tax exempt or is vested
pursuant to Policy 101.18.2 of the Year 2010 Comprehensive
Plan. Based on the fact that the proposed development is
nonresidential in nature, has not received a determination
of vested rights and is not federally tax exempt, we find
that the applicant is subject to the provisions of Policy
101.5.5. Therefore, we conclude that once Policies 101.3.5
and 101.5.5 are implemented, the proposed development will
be subject to the nonresidential rate of growth ordinance.
WHEREAS, the Development Review Committee, based on its
findings of fact, recommended that the Planning Director grant
minor conditional use approval to Scott Oropeza with condi-
tions; and
WHEREAS, the Planning Director has duly considered the rec-
ommendation of the Development Review Committee and the informa-
tion and documentary evidence submitted; and
0
page 2
MOROPEZ.04/TXTDR,072096,91091 Initial4/?"
is
11
DOC# 1962037
. 9k# 2663 P9# 1970 FILE # 9 6 4 a 5 2
BK#1 4 2 0 PG#2 1 3 6
WHEREAS, the Planning Director supports the recommendation
of the Development Review Committee to approve with conditions
the minor conditional use application submitted by Scott
Oropeza; and
WHEREAS, the record established, the testimonies offered,
and the evidence submitted support the findings of fact adopted
by the Development Review Committee; NOW THEREFORE,
BE IT RESOLVED BY THE PLANNING DIRECTOR OF MONROE COUNTY, FLORI-
DA, that:
The application for a minor conditional use approval sub-
mitted by Scott Oropeza for a 9,600 sq. ft. building to be
used for storage, located on property described as Lots 1, 2,
and 3, Block 61, Stock Island, Section 35, Township 67 South,
Range 25 East, Tallahassee Meridian, Stock Island, Monroe Coun-
ty, Florida is hereby APPROVED, with the following conditions:
1) Prior to the issuance of a building permit, the final plans
shall be reviewed by the County Engineer for compliance
with Sec. 9.5-293, Surface Water Management.
2) Prior to the issuance of a building permit, the applicant
shall provide the Building Department with a written expla-
nation of how construction debris is to be stored and re-
moved from the site.
5) Prior to the issuance
shall either gain an
mit allocation system
rights.
Date
of a building permit, the applicant
allocation in the nonresidential per -
or receive a determination of vested
1
��,f
'Timothy J.om McGarry(; AICP
Director-6f Planning
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State of Florida and in the County of
Monroe, to take acknowledgments, personally appeared Timothy J.
McGarry, known to me to be the person described in and who exe-
cuted the foregoing instrument and he acknowledged before me
that he executed the same.
WITNESS my hand and official seal in the Count and State
last aforesaid this a3 day of :j a 11 44
NOTARt P LIC, STATE OF FLORIDA
rCALh' fA`'
,NARY THAttiN BAIR
'vOTARY PUBLIC STATF OF 'f.^.JD)A
COMMISSION No. CC313209
page 3 MY COMMISSION F,YP. SEPi' 11,1
MOROPE2.04/TXTDR,072096,91091
r ,:J
Initia
Doca 1962037
Bk# 2663 Pg# 1971 .171
NOTICE
PILE $964852
BK#1 4 2 0 PG#2 1 3 7
Section 9.5-72.(a) of Monroe County Code states that a condition-
al use permit shall not be transferred to a successive owner
without notification to the Development Review Coordinator with-
in five (5) days of the transfer.
Under the authority of Section 9.5-72(a) of the Monroe County
Land Development Regulations, this development order shall be-
come null and void, with no further notice required by the Coun-
ty, unless a complete building permit application for site prepa-
ration and building construction with revised plans as required
herein is submitted to the Monroe County Building Official with-
in six (6) months of the expiration of the Department of Communi-
ty Affairs appeal period or the date when the Department of Com-
munity Affairs waives its appeal and all required certificates
of occupancy are procured within three (3) years of the date
this development order is approved by the Planning Director.
If this development order is appealed under the Monroe County
code or by the Department of Community Affairs, the above time
limits shall be tolled until the appeals are resolved.
This instrument shall not take effect for thirty (30) working
days following the date of memorialization thereof, and during
that time permit shall be subject to appeal as provided in Sec-
tion 9.5-521 of the Monroe County land development regulations.
An appeal shall stay the effectiveness of this instrument until
resolved.
In addition, please be advised that pursuant to Chapter 9J-1,
Florida Administrative Code, this instrument shall not take ef-
fect for forty five (45) days following the rendition to the
Florida Department of Community Affairs. During that forty-five
days, the Florida Department of Community Affairs may appeal
this instrument to the Florida Land and Water Adjudicatory Com-
mission, and that such an appeal stays the effectiveness of this
instrument until the appeal is resolved by agreement or order.
The implementation of the Monroe
Plan may affect the ability of th
visions of this development order.
MOROPEZ.04/TXTDR,072096,91091
e
County Year 2010 Comprehensive
applicant to fulfill the pro-
page 4
MONROE COUNTY
OFFICIAL RECORDS
Initial, -
'
Exhibit# 5
MONROE COUNTY FILE #1 1 4 0 8 3 4 RCD At
5 9 3 PG# G 2 3 DANNY
OFFICIAL RECORDS BK# 1
RESOLUTION NO. P52-97
A RESOLUTION BY THE MONROE COUNTY PLANNING COM-
wo
MISSION APPROVING WITH CONDITIONS THE REQUEST
an
OF DOUGLAS WALKER, FOR AN AMENDMENT TO A MAJOR
N a
CONDITIONAL USE TO CONSTRUCT TWENTY-TWO (22)
(DW
ATTACHED DWELLING UNITS (2-LEVEL, 22R CONDOMINI-
UM UNITS AT 1,480 S.F. EACH); ONE (1) SWIMMING
�W
POOL; A 372 S.F. POOL HOUSE & OFFICE; A 120 S.F.3t
OBSERVATION GAZEBO WITH AN ASSOCIATED WALKWAY; A
22,000 S.F. BOAT STORAGE BUILDING; A 2,485 S.F.
ADDITION TO THE EXISTING SAILFISH RESTAURANT;
N
AND RENOVATIONS TO THE BAIT SHOP, THE DOCK MAS-
TER'S OFFICE AND THE FUEL TANKS ON PROPERTY
DESCRIBED AS LOTS 1, 2, AND 3, BLOCK 60, AND
PART OF LOTS 1 AND 2, BLOCK 61, MALONEY SUBDIVI-
SION, STOCK ISLAND, MONROE COUNTY, FLORIDA, MILE
MARKER 5. THE LAND USE DESIGNATION IS MIXED USE
(MU) AND THE REAL ESTATE NUMBER IS 00127420.
WHEREAS, during a regular meeting held on July 10,
1997,
the Monroe County Planning Commission conducted a public
hearing
on the request filed by Douglas Walker for an amendment
to a
_ major conditional use to Oceanside Marina; and
WHEREAS, the proposed development is located on property
legally described as lots 1, 2, and 3, Block 60, and part
of lots
1 and 2, Block 61, Maloney Subdivision, Stock Island,
Monroe
County, Florida; and
WHEREAS, the above -described property is located
in the
Mixed Use (MU) land use district; and
WHEREAS, the Planning Commission was presented with
the
following evidence, which by reference is hereby incorporated as
a part of the record of said hearing:
1. The Major Conditional Use Permit Application received
by Monroe County Planning Department on February 3, 1997
including a site plan dated January 24, 1997, a survey
dated January 30, 1997, elevation drawings dated January
24, 1997, a revised level 3 traffic study dated June 6,
1997, a revised site plan dated July 3, 1997; and
2. The staff report prepared by Edward Koconis, Development
Review Planner and Ralph Gouldy, Environmental Planner
dated June 12, 1997; and
page 1 of 4
AMWALKER.16/TXTDR, #97021 Initials
FILE #1 140534
BK#1593 PG#624
3. The amendment to the staff report prepared by Edward
Koconis, Development Review Planner and Ralph Gouldy,
Environmental Planner dated June 26, 1997; and
4. The sworn testimony of the Growth Management Staff; and
5. The presentation by Jose Gonzalez of Gonzalez Archi-
tects, agent for the applicant; and
WHEREAS, the Planning Commission has made the following
Findings of Facts and Conclusions of Law based on the evidence
presented:
1. Based on the site plan, we find that the applicant is propos-
ing an increase in the commercial floor area developed on the
site. Therefore, we conclude that the proposed commercial
development is subject to Objective 101.3 of the Year 2010
Comprehensive Plan and must receive allocations in the non-
residential permit allocation system or receive a determina-
tion of vested rights; and
2. Based on the application, we find that 22 residential units
are being proposed. Therefore, we conclude that the residen-
tial units are subject to the provisions of sections 9.5-120
through 124, the Rate of Growth Ordinance (ROGO) which re-
quires that the dwelling units be granted allocations prior
to building permits being issued; and
3. Based on the site plan, the applicant is proposing 22 dwell-
ing units which is the maximum net density permitted on the
site pursuant to Section 9.5-262 of the Monroe County Code.
Therefore, we conclude that 18.31 Transferable Development
Rights (TDRs) are needed in order to construct the proposed
development; and
4. Based on the application, the applicant is requesting a waiv-
er of the shoreline setback to add a second floor and veran-
das to the existing tackle shop and dock master office which
are located within the shoreline setback. We conclude that
there is not sufficient justification to waive the setback to
add the second floors. However, a waiver of the shoreline
setback is justified for renovations only due to the exis-
tence of these structures within the shoreline setback, the
fact that renovations to the buildings will not increase the
impermeable area within the setback and the fact that mea-
sures will be taken to channel runoff away from the
waterbody; and
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5. Based on the revised site plan, the residential structures
and restaurant conform to the height limit of 35'. While
acceptable structure heights have been submitted in the form
of a letter, heights of all structures must be included on
revised plans. Therefore, we conclude that the project is
not in compliance with Section 9.5-283; and
page 2 of 4
AMWALKER.16/TXTDR, #97021 Initials
•e
6. Based on a meeting with the applicant, the applicant has
stated that no more than 205 boats will be in dry slips,
however, the number of dry slips in these buildings has not
been indicated on the plans. Therefore, we conclude that the
project is in compliance with Section 9.5-351 as long as the
entire site has no more than 205 boats stored in dry slips;
and
7. Based on the application, we find that the required x H
stormwater management plan, including the calculations, has t9
µ
not been submitted. Therefore, we conclude that until the
County Engineer approves the plan, the project is not in N N
compliance with Section 9.5-293; and tp N
8. Based on the community impact report, we find that the appli- w A
cant has proposed to abandon the existing sewage treatment .00
plant and replace it with a package sewage system. The appli- OOD
cant has initiated coordination with the Florida Department W
of Environmental Protection (DEP) but has not received a DEP N
permit. Therefore, we conclude that compliance cannot be
determined with Section 9.5-294 until an approved application U1
from DEP is submitted; and
9. Based on the boundary survey, elevation plans, and the re-
xc
vised site plan, we find that the lowest supporting beam of
no
two (2) structures (condominium buildings) located in a VE
N
(high -hazard area) zone is not elevated to the proper height.
wto
Therefore, we conclude that the project is not in compliance
N
with Section 9.5-317; NOW THEREFORE,
BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY,
r
4
FLORIDA, that the preceding Findings of Fact and Conclusions of
Cb
Law, support their decision to APPROVE the Major Conditional
-,kk
Use request of Douglas Walker for Oceanside Marina with the fol-
lowing conditions:
1. If vesting is not granted the project shall be subject to the
existing commercial moratorium.
2. 18.31 TDRs shall be approved as a minor conditional use prior
to the submission of a building permit for the construction
of the four (4) condominium buildings.
3. Plans indicating the heights of all structures with points of
reference shall be submitted to the Planning Department prior
to approval of the Planning Commission Resolution.
4. Boat storage shall be limited to 205 dry slips.
5. The stormwater management plan and calculations shall be sub-
mitted and approved by the County Engineer prior to the issu-
ance of a Building Permit.
., page 3 of 4
AMWALKER.16/TXTDR, #97021 Initials
6. Plans indicating finished floor elevations of all structures
shall be submitted to the Planning Department and all struc-
tures shall conform to the Flood Management Criteria of Sec-
tion 9.5-317 prior to approval of the Planning Commission
Resolution.
7. A waiver is granted for renovations to the tackle shop, dock H
master's office and fuel tank structure provided that the aar'
roofs have gutters installed to channel runoff away from the
water in accordance with the stormwater management plan. No N #
waiver is granted for second floor additions to any building µ
within the shoreline setback. W N
A
B. A permit from Department of Environmental Protection for the 9
proposed package sewage system shall be submitted to the 05
Planning Department prior to the issuance of a Building Per-
mit. W
N�
9. All residential units are subject to the Residential Rate of
Growth Ordinance.
PASSED AND ADOPTED by the Planning Commission of Monroe
County, Florida, at a regular meeting held on the loth day of Xo
July, 1997. 290
N
C ".-
Chair Hansley Y w
Vice -Chair Nugent Y
Commissioner Chaplin Y
Commissioner Mannillo Y _ tt
Commissioner Gorsuch Y
PLANNING COMMISSION OF
AND S
APPROM1T CY MONROE COUNTY, FLORIDA
BY BY
ttonoy's0am I Efilly Gorsuch, Chair
Signed JhJs %0 day of gug�u,s( , 1999.
MONROE COUNTY
OFFICIAL RECORDS
page 4 of 4
AMWALKER.16/TXTDR, #97021 initials
DocH 1652965 07/13/2007 3:36PM
Filed 8 Recorded in Official Records of
MONROE COUNTY DANNY L. KOLHAGE
Exhibit# 6
DooN 1652„_„
Bko 2308 Pga 801
Docq 1962037
Bkp 2663 P9p 1976 I
PLANNING COMMISSION RESOLUTION NO. P21-07
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION APPROVING THE REQUEST BY KINGS
POINTE MARINA, LLC, FOR AN AMENDMENT TO A
MAJOR CONDITIONAL USE PERMIT; REMOVING AN
EXISTING MAINTENANCE, SALES OFFICE & TACKLE
SHOP (2,870 FT2), BATH HOUSE (1,232 FT2), WAREHOUSE
(9,600 FT), DOCK MASTER BUILDING (660 FT2), AND
DRY BOAT STORAGE BUILDING (30,090 FT2);
CONSTRUCTING THIRTY — TWO (32) NEW, ATTACHED
MARKET RATE UNITS FOR VACATION RENTAL USE;
ADDING TWO (2) NEW BOAT BARNS (53,040 FT2), EIGHT
(8) WET SLIPS, A RETAIL SHOP/ DOCK MASTERS OFFICE
AND BAIT HOUSE INCLUDING SHOWER FACILITIES
(2,625 FT2) INTENDED FOR USE BY WET SLIP OWNERS;
CONSTRUCTING AN OUTDOOR BAR ADDITION (735
FT'), FLOOD PROOF STORAGE (2,160 FT21 UNDER THE
EXISTING FORMER RESTAURANT BUILDING ;
PROVIDING FOR A GATED ENTRANCE; PROVIDING FOR
CONDITIONS; ALL ON PROPERTY LEGALLY
DESCRIBED AS LOTS 1,2, 3 & ADJ BAY BOTTOM,
SQUARE 60; PART LOTS 1,2,3 & ADJ BAY BOTTOM,
SQUARE 61 PART MALONEY AVE VACATED & FILLED
BAY BOTTOM ADJACENT TO MALONEY AVE, & PART
ADJ PARCEL; UNIT J-4, J-6, J-9, J-11, J-12, & 5/52%
COMMON ELEMENTS OCEANSIDE EAST DRY STORAGE
CONDOMINIUM, STOCK ISLAND, MONROE COUNTY,
FLORIDA HAVING REAL ESTATE NUMBERS
00127420.000601 THROUGH 00127420.000675,
00127440.000100 THROUGH 00127440.002500,
00127420.000000, 00127420.000100 AND 00127430.000101
THROUGH 00127430.000211, AT APPROXIMATE MILE
MARKER 5.
WHEREAS, during a regularly scheduled public meeting held on April 11, 2007, the
Monroe County Planning Commission conducted a review and consideration of the request filed
P21-07 Page 1 of 8
Kings Pointe Marina
Amendment to a Major Conditional Use
Doca 1652965
Bkp 2308 Pg# 802
by Kings Pointe Marina LLC for an amendment to a major conditional use permit pursuant to
Monroe County Code (MCC) §9.5-69; and
WHEREAS, the Applicant's predecessor in interest obtained a conditional use permit for
this property pursuant to Planning Commission Resolution P52-97 signed August 18, 1999 for
the construction of twenty-two (22) attached permanent market rate dwelling units; one (I)
swimming pool; a 372 ft2 pool house; a 120 ft2 observation gazebo; a 22,000 ft2 boat storage
building; a 435 ft2 addition to an existing 225 ftz dock master's office; a 1,670 ft2 addition to an
existing tackle shop and a 2,485 ft2 addition to an existing restaurant; and
WHEREAS, the Applicant is proposing to amend the Conditional Use in order to
REMOVE an existing maintenance, sales office & tackle shop (2,870 ft2), bath house (1,232 ft2),
warehouse (9,600 ft2), dock master building (660 ft2), and dry boat storage building (30,090 ft2);
and CONSTRUCT thirty — two (32) new, attached market rate units for vacation rental use; add
two (2) new boat bams (53,040 ft2), Eight (8) Wet slips, a retaiU dock masters office and bait
house including shower facilities (2,625 ft2) intended for use by wet slip owners; an outdoor bar
addition (735 ft2), flood proof a storage area (2,160 ft�) under the existing vacant restaurant
building, privatize a new operational restaurant and provide a gated entrance; and
WHEREAS, the subject property is located at 5970 Peninsular Avenue, Stock Island;
and
WHEREAS, the above described property is located in the Mixed Use (MU) land use
district and has the corresponding Mixed Use/Commercial (MC) future land use map
designation; and
WHEREAS, the item was heard at a regularly scheduled meeting of the Development
Review Committee on March 19, 2007; and
WHEREAS, the Planning Commission was presented with the following evidence,
which by reference is hereby incorporated as part of the record of said Bearing:
I ) The Application for an Amendment to a Major Conditional Use received by the Monroe
County Planning and Environmental Resources Department, including the plans and
surveys listed in attachment A;
2) The staff report prepared by Julianne Thomas, Planner dated April 2, 2007, with
attachments, said attachments including a Chapter 380 Agreement between Overseas
Redevelopment Company, Monroe County and the Florida Department of Community
Affairs, and a Memorandum dated March 10, 2007, to Andrew Trivette, Acting Director
of Growth Management from the County Attorney;
3) The sworn testimony of the Growth Management Division Staff;
4) The sworn testimony of the Applicant and Applicant's witnesses;
5) Sworn testimony by the public;
6) Exhibits provided by the Applicant; and
P21-07 Page 2 of 8
Kings Pointe Marina
Amendment to a Major Conditional Use
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WHEREAS, the Planning Commission heard argument and explanation' from Tim
Koenig, attorney for the Applicant; and
WHEREAS, advice and counsel were provided by Susan Grimsley, Assistant County
Attorney and by John Wolfe, Attorney for the Planning Commission; and
WHEREAS, MCC § 9.5-65 provides the standards which are applicable to all
conditional use permits which are as follows:
Sec. 9.5-65. Standards applicable to all conditional uses.
When considering applications for a conditional use permit, the director of planning and the
planning commission shall consider the extent to which:
(a) The conditional use is consistent with the purposes, goals, objectives and standards of the
plan and this chapter;
(b) The conditional use is consistent with the community character of the immediate vicinity
of the parcel proposed for development;
(c) The design of the proposed development minimizes adverse effects, including visual
impacts, or the proposed use on adjacent properties;
(d) The proposed use will have an adverse effect on the value of surrounding properties;
(e) The adequacy of public facilities and services, including but not limited to roadways, park
facilities, police and fire protection, hospital and Medicare services, disaster preparedness
program, drainage systems, refuse disposal, water and sewers, judged according to
standards from and specifically modified by the public facilities capital improvements
adopted in the annual report required by this chapter;
(f) The applicant for conditional use approval has the financial and technical capacity to
complete the development as proposed and has made adequate legal provision to
guarantee the provision and development of any open space and other improvements
associated with the proposed development;
(g) The development will adversely affect a known archaeological, historical or cultural
resource;
(h) Public access to public beaches and other waterfront areas is preserved as a part of the
proposed development; and
(i) The proposed use complies with all additional, standards imposed on it by the particular
provision of this chapter authorizing such use and by all other applicable requirements of
the Monroe County Code.
WHEREAS, the Planning Conunission has determined that the application meets the
standards required in MCC § 9.5-65by the design submitted and by the assignment of the
conditions of this resolution; and
WHEREAS, the Staff report recommends that any new development on the Kings Pointe
site incorporate appropriate noise reduction and protection methods.
WHEREAS, after consideration of the testimony and evidence presented, the Planning
Commission makes the following findings of Fact and Conclusions of Law:
P21-07 Page 3 of 8
Kings Pointe Marina
Amendment to a Major Conditional Use
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1. The 32 ROGO units, including development rights, may be transferred according to the Wv
terms of the 380 Agreement from Overseas Redevelopment Company, LLC to the Kings a a
Pointe project according to the terms of that Agreement, which allows transfer after a N, ,
building permit is issued for the Affordable Units to be built at Overseas Trailer Park. WQ
This transfer will provide compliance for MCC §9.5-120 and §9.5-265.
a
2. Vacation Rental Use is allowed because it is not specifically prohibited as it is in other ,-.
provisions of the MU zoning regulations, it can be regulated as part of this conditional w
use process, and is therefore allowed pursuant to other terms and conditions as set forth in
the MCC governing vacation rentals. This finding brings the project into compliance
with MCC §9.5-248.
3. The project is in compliance with Minimum Yards (MCC §9.5-281) as a variance request
was approved to reduce the front yard setback from twenty-five (25) feet to twenty (20)
feet for 260 feet of the frontage along Peninsular Avenue as stated in Planning
Commission Resolution P19-07.
4. The project is in compliance with Parking Standards (MCC §9.5-352) because a variance
request was approved reducing the number of off-street parking spaces from 322 spaces
to 272 spaces and approving this request as stated in Planning Commission Resolution
P20-07 .
5. Pursuant to MCC §9.5-354, the property is required to have two (2) 1 i ' x 55' loading
and unloading zones.
6. Affordable housing criteria pursuant to MCC §9.5-266 are met by the terms of the 380
Agreement requiring 49 units of Affordable Employee Housing to be built at property
commonly known as the Overseas Trailer Park, legally described as Lots 1-20, Maloney
Subdivision, Stock Island, Monroe County, Florida, having Real Estate Numbers:
00125350.000000 and 00125360.000100, according to the terms of the Agreement, over
riding any phasing requirements or simultaneous building at any location including Kings
Pointe for purposes of this application..
7. The conditional use does not violate the Interim Development Ordinance concerning
working waterfronts because there is no further limitation on use by the public and
therefore does not diminish public access nor result in the loss of working waterfront.
The restaurant has not been functional for several years, the boat ramp will be accessible
by the public, there will be some boat and trailer parking, gating will be done for security
after work hours, and repair work may be done on site by mobile repair services.
8. Compliance with the following standards imposed on this conditional use application by
the Land Development Regulations pursuant to MCC §9.5-65(i) will be determined by
the Building Department upon submittal for a building permit to the Building
Department:
P21-07 Page 4 of S
Kings Pointe Marina
Amendment to a Major Conditional Use
D0c" 1962037 Doc# 1652965
Bk" 2663 Pg" 1980 Bk" 2308 Pga 805
1) Floodplain Management (MCC §§9.5-316 & 317) ;
2) Outdoor lighting (MCC §§9.5-391 - 393);
3) Handicap Accessibility (Chapter 11, Florida Building Code);
4) Air Installation Compatible Use Zone (AICUZ) Building Requirements
required by the AICUZ applicable at he time of the major conditional use
application.
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING CONI[NIISSION OF
MONROE COUNTY, FLORIDA;
Section 1. The request by Kings Pointe Marina LLC for an amendment to a major conditional
use permit for the following is APPROVED subject to the conditions in Section 2:
1. Removal of an existing maintenance, sales office & tackle shop (2,870 ft2), bath house (1,232
ft2), warehouse (9,600 ft2), dock master building (660 ft2), and dry boat storage building (30,090
ft2).
2. Construction of thirty — two (32) new, attached market rate units for vacation rental use;
addition of two (2) new boat barns (53,040 ft2), Eight (8) Wet slips, a retail shop/ dock masters
office and bait house including shower facilities (2,625 ft2) intended for use by wet slip owners;
an outdoor bar addition (735 0, flood proof storage (2,160 ft2) under the existing restaurant and
a gated entrance.
Section 2. The Approval is SUBJECT TO THE FOLLOWING CONDITIONS:
If the site is gated, the following conditions shall be met:
a. The gate shall be open, at a minimum, one (1) hour prior to
sunrise and stay open until (1) hour past sunset to provide
for public access;
b. There shall be a number posted on the outside of the gate
providing a number to call if the gate is not open;
c. The gate shall comply with all standards and requirements
of the Fire Marshal and other public safety interests;
2. Prior to issuance of a building permit, a signed and sealed site plan
resolving the following issues is required:
d. The site plan shall show the two (2) 1 V X 55' loading and
unloading spaces for the nonresidential uses;
e. The site plan shall conform to the decisions of the Planning
Commission with regard to the parking and front yard
variances as determined in P19-07 and P20-07;
f. The following requests of the County's traffic engineer
shall be met: to show the design maneuverability through
the site and at the project driveway and to show clear site
visibility details at the access driveways;
P21-07 Page 5 of 8
Kings Pointe Marina
Amendment to a Major Conditional Use
Doctt 1962037 Doc# 1652965
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g. A building permit for dwelling units at the Overseas Trailer
Park pursuant to the ORC 380 agreement shall be obtained
and provided to the Sr. Director of PIanning &
Environmental Resources before the issuance of building
permits for the residential units may be permitted at Kings
Pointe;
h. The proposed western access drive and curb cuts shall
receive approval from the County Engineer;
i. Compliance by the following agencies and corresponding
Sections of Code:
i. County Engineer shall determine compliance with
MCC § 9.5-293;
ii. The Florida Department of Health and the Key
West Resort Utility (KWRU) shall determine
compliance with § 9.5-294;
iii. Fire Marshal shall determine compliance with §9.5-
69;
j. Boat Storage Buildings are limited to storage of boats;
k. The portion of boat barn floor area that does not exceed
50% of the site's net buildable area is not governed by
NROGO and shall not be eligible for offsite transfer if the
boat barn is demolished or removed at a future date unless
the floor area meets the criteria of a sender site pursuant to
MCC §9.5-124.3(a)(10)a.;
1. The flood plain management standards shall be met;
m. The site plan shall demonstrate that the energy and
conservation standards have been met including showing
where bicycle racks and scooter spaces will be placed on
site;
n. The outdoor lighting and applicable AICUZ standards in
effect at the time of the application for major conditional
use shall be met.
3. Prior to the issuance of any C.O., the marina pump out facility shall be
upgraded to comply with current standards.
4. The applicant shall provide a water quality monitoring system for the
adjacent water body for a period of five (5) years after the completion of
the development per MCC § 9.5-349.
PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a regularly
meeting held on the I 1 th day of April, 2007.
P21-07 Page 6 of 8
Kings Pointe Marina
Amendment to a Major Conditional Use
Doca 1962037 Doea 1552965
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Chair Cameron
Yes
Vice Chair Wall
Yes
Commissioner Cates -Deal
Yes
Commissioner Popham
No
Commissioner Windle
Absent
PLANNING COMMISSION OF
MONROE COUNTY, FLORIDA
BY
:l-aiies D. Cameron, Chair
Signed this — - —day of , 2007
APPRO'rE� TO FORM
AND LEG UFFICMNCY
BY
Aftornev's Office
P21-07 Page 7 of S
Kings Pointe Marina
.Amendment to a Major Conditional Use
Doca 1962037
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1X BkN 2308 P9a 808
Attachment A: PLANS REVIEWED
1. Boundary survey by R.E. Reese, dated 2-23-07, revised 3-12-07, received 3-12-07
2. Site plan by WLW/LBR, Sheet S-I, dated 8/21/2006, revised 1-26-07, received 1-31-
07, signed & sealed 1-26-07
3. Townhomes Site plan by WLW/LBR, Sheet S-2, dated 8/21/2006, revised 1-26-07
received 1-31-07, signed & sealed 1-26-07
4. Townhomes Site plan by WLW/LBR, Sheet S-3, dated 8/21/2006, revised 1-26-07
received 1-31-07, signed & sealed 1-26-07
5. Building H, Peninsular Townhouses, 16 units, Sheet A-2, Typical Pod Plans, by Peter
M. Pike dated 1-24-07
6. Building H, Peninsular Townhouses, 16 units, Sheet A-3, Partial Elevations, by Peter
M. Pike dated 1-24-07
7. Building "C" Cove Side South 4 Units, No Sheet Number, by Peter M. Pike dated I-
24-07
8. Building "C" Cove Side East, 4 Units, No Sheet Number, by Peter M. Pike dated I -
24-07
9. Building M, Marina Townhouses, 8 units, No Sheet Number, by Peter M. Pike dated
1-24-07
10. Sailfish Club, Ground Foundation Plan, Sheet A-2, by Peter M. Pike dated 1-22-07
11. Sailfish Club, Electrical Plan, Sheet E-1, by Peter M. Pike dated 1-22-07
12. Barn "A" Floor Plan, Sheet A-2, by Peter M. Pike dated 10-14-06
13. Bam `B" Floor Plan, Sheet A-3, by Peter M. Pike dated 10-14-06
14.Of6ce Floor Plan, Sheet A-4, by Peter M. Pike dated 10-14-06
15. Office Floor Plan, Sheet A-5, by Peter M. Pike dated 10-14-06
16. Office Elevation, Sheet A-6, by Peter M. Pike dated 10-14-06
17. Elevations, Boat Barn A, Sheet A-7, by Peter M. Pike dated 10-14-06
18. Elevations, Boat Barn B, Sheet A-8, by Peter M. Pike dated 10-14-06
19. Entry Site Plan, Sheet S-4, by WLW/LBR, dated 8/21/2006, revised 1-26-07,
received 1-31-07
20. Entry .Elevation, Sheet S-5, by WLW/LBR, dated 8/21/2006, revised 1-26-07,
received 1-31-07
21. Landscape Plan, Sheet L-1, by WLW/LBR, dated 8/21/2006, revised 1-26-07,
received 1-3I-07
MONROE COUNTY
OFFICIAL RECORDS
P21-07 Page 8 of 8
Kings Pointe Marina
Amendment to a Major Conditional Use
4 xhibit# 7
Doe% 1647057 06/08/2007 11.00AM Doep 1647.
Filed & Recorded in official Records of Ekb 2300 PgN 700
MONROE COUNTY DANNY L. KOLHAGE
Doep 1962037
f 8kp 2663 Pgp 1984
MONROE COUNTY, FLORIDA
AMENDMENT TO A MINOR CONDITIONAL USE
DEVELOPMENT ORDER # 02-07
A DEVELOPMENT ORDER APPROVING THE REQUEST BY
OVERSEAS REDEVELOPMENT COMPANY, LLC FOR AN
AMENDMENT TO A MINOR CONDITIONAL USE FOR THE
REDEVELOPMENT OF A SIXTY-THREE (63) UNIT MOBILE
HOME PARK INTO FORTY-NINE (49) ATTACHED AND
DETACHED AFFORDABLE UNITS AND TO ESTABLISH 32
MARKET RATE UNITS ELIGIBLE FOR TRANSFER. THE
PROPERTY IS LEGALLY DESCRIBED AS LOTS 1-20, MALONEY
SUBDIVISION, STOCK ISLAND, MONROE COUNTY, FLORIDA,
HAVING REAL ESTATE NUMBERS: 00125350.000000 AND
00125360.000100.
WHEREAS, during a regularly scheduled meeting held on March 6, 2007, the
Development Review Committee (DRC) of Monroe County, Florida, conducted a review
and consideration of the request by Overseas Redevelopment Company (ORC) LLC., for
an amendment to a minor conditional use pursuant to Sections 9.5-24 and 9.6-68 of the
Monroe County Code; and
WHEREAS, the subject property is located at 5302 MacDonald Ave, Stock
Island, at approximate mile marker 5 and is legally described as Lots 1-20, Maloney
Subdivision, Stock Island, Monroe County, Florida, having Real Estate Numbers:
00125350.000000 and 00125360.000100; and
WHEREAS, the Development Review Committee reviewed the following
documents and other information relevant to the request:
1. Application for and amendment to a minor conditional use approval of
(49) attached and detached employee housing units, which included all
documents required; and
2. Staff Report prepared by Heaven Lashley, Monroe County Planner, and
Ralph Gouldy Sr. Director of Planning and Environmental Resources
dated February 23, 2007; and
3. Monroe County Property Record Card; and
D.O.02-07 Initials
File # 25089
Page 1 of 6
Doctt 1647037
Bkq 2300 PVN 701
4. Monroe County Land Use District Map and Monroe County Future Land
acre
a
Use Map; and
s
5. Conceptual Drainage Plan (C-1) by Perez Engineering & Development
W,,
Inc, received February 14, 2007; and
MW
6. Site Plan (S1) by Thomas E. Pope, PA, signed and sealed dated 7/8/06,
revised 2/12/07; and
�w
a
7. Sworn Testimony of the Growth Management Staff; and
F,
cfl
CO
WHEREAS, on May 3, 2006 Monroe County, the Department of Community
Affairs (DCA), and ORC entered into an agreement pursuant to Section 380.023(3) of the
Florida Statutes; and
WHEREAS, per this agreement, the parties agreed that ORC had 63 ROGO units
allocated to the property; and
WHEREAS, per this agreement, ORC exchanged with Monroe County thirty one
(31) market rate ROGO units for thirty one (31) affordable housing units; in addition
Monroe County allocated eighteen (18) affordable ROGO units to redevelop the property
into a 49 unit workforce housing community; and
WHEREAS, on July 19, 2006 the Monroe County Board of County
Commissioners adopted Resolution Number 273-2006, granting the aforementioned forty
kw nine (49) affordable ROGO allocations to ORC; and
WHEREAS, per the agreement, the remaining 32 market rate ROGO units
retained by ORC shall be entitled for transfer at such time ORC has been issued a
building permit for the redevelopment of the property; and
WHEREAS, the Applicant is seeking development approval to convert sixty-
three (63) mobile home sites to forty-nine (49) attached and detached employee housing
units, pursuant to the 380 agreement mentioned above; and
WHEREAS, the redevelopment proposal includes forty nine (49) attached and
detached employee housing units, as well as the establishment of the subject property as a
sender site for the transfer of thirty two (32) Transfer of ROGO Exemptions (TREs); and
WHEREAS, the property is located in an Urban Residential (UR) Land Use
District and has a Future Land Use Map designation of Residential High (RH); and
WHEREAS, pursuant to Section 9.5-233 of the Monroe County Code, in the UR
District, the redevelopment requires conditional use approval by the Monroe County
Development Review Committee; and
WHEREAS, based upon the information and documentation submitted, the
Development Review Committee found:
D.O.02-07 Initials 140
File # 25089
Page 2 of 6
Docp 1962037 Doep 1647e67
Bkp 2663 P9# 1986 9k# 2300 PQa 702
1. Section 9.5-65 of the Monroe County Code provides the standards which are
applicable to all conditional uses. When considering applications for a
conditional use permit, the Development Review Committee shall consider
the extent to which:
(a) The conditional use is consistent with the purposes, goals, objectives and
standards of the Monroe County Year 2010 Comprehensive Plan and
Monroe County Code; and
(b) The conditional use is consistent with the community character of the
immediate vicinity of the parcel proposed for development; and
(c) The design of the proposed development minimizes adverse effects,
including visual impacts, or the proposed use on adjacent properties; and
(d) The proposed use will have an adverse effect on the value of surrounding
properties; and
(e) The adequacy of public facilities and services, including but not limited to
roadways, park facilities, police and fire protection, hospital and Medicare
services, disaster preparedness program, drainage systems, refuse disposal,
water and sewers, judged according to standards from and specifically
modified by the public facilities capital improvements adopted in the
annual report required by the Monroe County Code; and
(f) The Applicant for conditional use approval has the financial and technical
capacity to complete the development as proposed and has made adequate
legal provision to guarantee the provision and development of any open
space and other improvements associated with the proposed development;
and
(g) The development will adversely affect a known archaeological, historical
or cultural resource; and
(h) Public access to public beaches and other waterfront areas is preserved as
a part of the proposed development; and
(i) The proposed use complies with all additional standards imposed on it by
the particular provision of this chapter authorizing such use and by all
other applicable requirements of the Monroe County Code; and
2. Staff found that the Applicant has demonstrated that all of the required
standards shall be met and recommended approval of the amendment to a
minor conditional use application with conditions; and
The Monroe County Development Review Committee found that the
Applicant has demonstrated that all of the required standards shall be met; and
WHEREAS, the Development Review Committee recommended approval with
conditions of the application to the Director of Planning & Environmental Resources; and
WHEREAS, the Director of Planning & Environmental Resources has duly
considered the recommendation of the Development Review Committee and the
information and documentation submitted by the Applicant; and
D.O.02-07
File # 25089
Page 3 of 6
Initials_'LL[.
Doctt 1962037 DacX 1647057
Oka 2663 P9p 1987 Oka 2300 PoN 703
WHEREAS, the applicant submitted a revised final site plan (ST1) on 4113/07 by
Thomas E. Pope, PA, signed and sealed dated 3/6/07; and
WHEREAS, the applicant submitted a final Landscape Plan (L1) on 4/13/07 by
Thomas E. Pope, PA, signed and sealed dated 3/6/07; and
WHEREAS, the record established, the testimonies offered, and the evidence
submitted, support the findings of fact adopted by the Development Review Committee;
and
NOW THEREFORE, BE IT RESOLVED BY THE DIRECTOR OF
PLANNING & ENVIRONMENTAL RESOURCES OF MONROE COUNTY,
FLORIDA that the request by Overseas Redevelopment Company, LLC. for an
amendment to a minor conditional use permit to redevelop the existing mobile home park
by constructing forty nine (49) attached and detached employee housing units, as well as
the establishment of the subject property as a sender site for thirty two (32) Transfer of
ROGO Exemptions (TREs), at property legally described as Lots 1-20, Maloney
Subdivision, Stock Island, Monroe County, Florida, having Real Estate Numbers
00125350.000000 & 00125360.000100, is hereby APPROVED with the following
conditions:
1.
Prior to a certificate of occupancy, permanent structures shall be placed at
least ten (I0) feet from any other permanent structure; and
046,, 2.
Prior to a certificate of occupancy, no structures shall be permitted in the
required buffer yards and set backs; and
3.
Prior to the issuance of a building permit, a letter of coordination from Key
West Resort Utilities (KWRU) shall be received indicating that the site in
question does at this time have the capacity to treat sewage generated at this
site; and
4.
Prior to the issuance of a building permit, a letter of coordination and approval
for either a General Environmental Resource Permit, or a notice of "no permit
required" given for the proposed development shall be received from the
South Florida Water Management District; and
5.
Prior to the issuance of a building permit, approval from the Monroe County
Fire Marshall shall be received by the building department; and
6.
The 32 sender units shall be assigned the following unique identifier numbers;
A-0267 through A-0298, to be used for tracking and monitoring by the
Planning & Environmental Resources Department; and
7.
The 32 sender units may not be transferred beyond the Lower Keys District
boundaries unless and until the nutrient credit reduction system is officially
dispensed as a result of official state action or judicial decree; and
8.
The 32 sender units may not be transferred to a Tier I zoning district; or a
special protection area requiring the clearing of natural habitat; or to a site if
evaluated under ROGO would receive negative points under habitat
protection, threatened or endangered species, or critical habitat;
D.O.02-07
Initials
File # 25089
Page 4 of 6
46,
Doc# 1962037
Bk# 2663 Pg# 1988f'
Doc# 1647057
Sk# 2300 P99 704
9. The 32 sender units shall not be eligible for transfer until ORC has been
issued a building permit for the redevelopment of the property; and
10. Prior to a certificate of occupancy, ORC shall comply in all respects with the
definition of "affordable housing" and "employee housing" in the Monroe
County Code and shall additionally require each unit purchaser or occupant to
be a member of the Monroe County workforce, i.e. to be gainfully employed,
full time in Monroe County at the time of purchase or occupancy and to
remain so employed for not less than five (5) years thereafter.
WHEREAS, condition three (3) has been partially satisfied by submittal of a
letter of coordination from Key West Resort Utilities (KWRU) dated October 4, 2006
indicating that the site in question does at this time have the capacity to treat sewage
generated from forty-three (43) residential units. The letter indicates that KWRU will
guarantee the capacity for a period of one (1) year from the date of the letter. Additional
coordination shall be conducted to demonstrate capacity for the remaining six (6) units
once those are ready to be constructed on the property; and
WHEREAS, condition four (4) has been partially satisfied by submittal of a letter
of coordination from the South Florida Water Management District dated November 8,
2006 indicating that the project will require a General Environmental Resource Permit,
this permit shall be allocated prior to building permit approval, or a letter from the South
Florida Water Management District stating that a notice of "no permit required" is given
for the proposed development; and
WHEREAS, condition five (5) has been partially satisfied by submittal of a letter
of coordination from the Monroe County Fire Marshal dated July 18, 2005 stating that
fire protection plans indicating improvements to water supply via fire hydrant, for plan
review, shall be submitted prior to issugegof a building permit; and
t
Date I 1 0?-
Aref Joulani,
Senior Director of Planning & Environmental Resources
I HEREBY CERTIFY that on this day before me, an officer duly authorized in the
State aforesaid and in the County aforesaid, to take acknowledgments, personally
appeared Aref Joulani, to me known to be the person described in and who executed the
foregoing instrument and she acknowledged before me the she executed the same.
rr10
WITNESS my hand and official seal in the County and State
of `�'J , 2007. mcm
Nftq Pub% . Sell of Flait
@V" lhffo W !leery AEI
D.O.02-07
File # 25089
NOTARY PUBLIC, STATE
Page 5 of 6
Iaiiials�
Doca 1962037 Doca 1847057
Bka 2663 Pga ?ggg Bk# 2300 Pqa 705
REFERENCE: In the event that this development order constitutes an amendment,
extension, variation, or alteration of a previous conditional use permit, that document may
be referenced by the following: Deemer Clause 9.5-2 LcJ
NOTICE
Section 9.5-72(a)(1) of the Monroe County Code states that a conditional use permit shall
not be transferred to a successive owner without notification to the Development Review
Coordinator within five (5) days of the transfer.
Under the authority of Section 9.5-72(a) of the Monroe County Code, this development
order shall become null and void with no further notice required by the County, unless a
complete building permit application for site preparation and building construction with
revised plans as required herein is submitted to the Monroe County Building Official
within six (6) months of the expiration of the Florida Department of Community Affairs
appeal period or the date when the Florida Department of Community Affairs waives its
appeal and all required certificates of occupancy are procured with two (2) years of the
date of this development order is approved by the Director of Planning & Environmental
Resources.
If this development order is appealed under Monroe County code or by the Florida
Department of Community Affairs, the above time limits shall be tolled until the appeals
are resolved.
This instrument shall not take effect for thirty (30) working days following the date of
memorialization thereof, and during that time permit shall be subject to appeal as provided
in Section 9.5-521(d) of the Monroe County Code. An appeal shall stay the effectiveness
of this instrument until resolved.
In addition, please be advised that pursuant to Chapter 9J-1, Florida Administrative Code,
this instrument shall not take effect for forty-five (45) days following the rendition of the
Florida Department of Community Affairs. During those forty-five days, the Florida
Department of Community Affairs may appeal this instrument to the Florida Land and
Water Adjudicatory Commission, and that such an appeal stays the effectiveness of this
instrument unti 1 the appeal is resolved by agreement or order.
D.O.02-07
File # 25089
Page 6 of 6
MONROE COUNTY
OFFICIAL RECORDS
Initials
Steven M. Klein, Esq.
Stearns Weaver Miller Weissler Alhacleff
& Sitterwn, P.A.
150 West Flagter Street, Suite 2200
Miami, FL 33130
Doc# 1LW2 11116/2011 3:50PR
Filed i Recorded in official Records of
DR MY QAfiNY L . KC AM
lac# 18W2
ON 2542 Pg# 952
W0
Xv o
ROGO TRANSFER AGREEMENT '*"
N ¢
im -+
tit tC
W N
THIS INDENTURE RE is made as of this 3 �6y of �t7Cb�„� , 2011, between "aw
OVERSEAS REDEVELOPMENT COMPANY, LLC, a Florida limited liability company to
(hereinafter refer red to as "Grantor"), with an address of 3159 Northside Drive, Key West, Florida
33040, in favor of ATLAS FL U SPE, LLC, a North Carolina limited liability company to
(hereinafter referred to as "Gruntee % with an address of 200 West Second Street, P Floor — Legal,
Winston-Salem, NC 27101 ("Grantor" and "Grantee" to include their respective heirs, successors,
executors, administrators, legal representatives and assigns where the context requires or permits).
W iTNESNETH:
Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other
good and valuable consideration the receipt, adequacy and sufficiency of which are hereby
acknowledged by Grantor, does hereby grant, bargain, sell, convey and confirm unto Grantee all of
Grantor's right, title and interest in and to those certain thirty-two (32) Transfer of ROGO
Exemptions which have been assigned idenrifier numbers A-0267 through A-0298 (the "ROGO's")
issued in favor of Grantor by Monroe County, Florida (the "Connttn pursuant to that certain
Monroe County, Florida, Amendment to a Mirror Conditional Use Development Order #02-07
recorded on June 8, 2007 in Official Records Book 2300, Page 700 of the Public Records of
Monroe County, Florida, as modified by Planning Commission Resolution No. P26-09 recorded on
September 14, 2009 in Official Records Book 2431, Page 293 of Public Records of Monroe County,
Florida, as may be fiuther amended from time to time (collectively, the "Development Order"),
together with Grantor's rights to transfer the ROGO's off -site, and all cash and non cash proceeds of
any of the foregoing and all claims of Grantor with respect thereto and together with all right, title
and interest of Grantor in and to any and all extensions and renewals of any of the foregoing
(collectively, the "Property'
TO HAVE AND TO HOLD, with all and singular the rights, members and appurtenances
thereof, to the same being, belonging or in anywise appertaining to the only proper use, benefit and
behoof of the said Grantee forever in FEE SIMPLE.
AND THE SAID Grantor will warrant and forever defend the right and title to the above -
described Property unto the said Grantee against the lawful claims of all persons whomsoever.
Ood IM42
Bk# 2541 PO 953
IN WITNESS WHEREOF, the Grantor has signed and sealed this Indenture as of the date
first above written.
Signed sealed and delivered in the
presence of:
Witness: /
Print Name: _
Print
STATE OF FLORIDA
COUNTY OF MONROE
OVERSEAS REDEVELOPMENT
COMPANY, LLC, a Florida limited liability
company
By: H-Try, LLC, a Florida limited liability
company, as its Manager
By � dW C.-
Name:
Title• ✓Yld"t'el"','�'
,tffd (CORPORATE SEAL)
Doca 1962037
Bkp 2663 PqK 1991
ti foregoing in vment as acknowled ed before me thise- day of
2Al I, -• .��as Go.� on behalf of H-Try,
LLC, a Florida limited liability company, as Manager ofOVERSEAS REDEVELOPMENT
COMPANY, LLC, a Florida limited liability company, who is Vj"monally known to me or ( J
has produced as identification.
N
Print N
(NOTARIAL SEAL) Notary blic
My Commission Expires:
F. rC �
sa+y�etnn�rr+eso
CE CUTY
012M36r1 NICA RECORDS
Exhibit# 8
Prepusd by and Return ?o:
Marie S. Weinberg, Esquire
GRAY ROBFNSON, P.A.
1221 Brickelt Avenue —Suite 1600
Miami, Florida 33131
Parcel ID Numbers: See Attached Exhibit A -I
Grantee's EIN *:
Doeq 1927973 04/09/2013 11:3M
FdDN ii Reece ink ti14MIt-Records o1
04/09/2013 11; 3aM
DEEQ DOC STAMP CL: nS $6,230.90
DooN 1927973
BkN 2622 PgN 996
SPEC[" WABBAM DEED
;r
THIS SPECIAL WARRANTY DEED is made this Z� day of March, 2013 between
SPECIAL ACQUISITIONS ICI, INC., a Florida corpomdoa (the "G fita o 1, whose mailing
address is 6435 Naples Blvd., Naples, FL 34109, and SUMMERLAND PALMS INVESTORS,
LLC, a Florida limited liability company (the "grant '), whose mailing address is 1010
Kennedy Dr., Suite 302, Key West, FL 33040.
Doc# 1962037
Bko 2663 P9a 1992
W�TNESSETH
That Grantor, for and in consideration of the sum of TEN DOLLARS (S 10.00) and other
good and valuable consideration, to it in hand paid by Grantee, the receipt whereof is hereby
acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey and confum unto
Grantee, its successors and assigns the following property (the "hm2a:V") lying and being in
MONROE COUNTY, Florida, and more particularly described as follows:
SEE E,MIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
Subject, however, to: (i) taxes and assessments for the current year and subsequent years;
(ii) covenants, restrictions and public utility easements of record (iii) existing zoning and
governmental regulations; and (iv) all matters that an accurate survey of the Property would
reveal.
TOGETHER with all the tenements, hereditaments and appurtenances belonging or in
any way appertaining to the Property.
TO HAVE AND TO HOLD the same in fee simple forever.
AND GRANTOR hereby covenants with Grantee that Grantor is lawfully seized of the
Property in fee simple; that Grantor has good right and lawful authority to sell and convey the
Property; and that Grantor does hereby fully warmnt the title to the Property and will defend the
same against the lawful claims of all persons claiming by, through or under Grantor, but against
none other.
\335005\301 . d 953094 vt
Dod1 1927973
Skit 2622 Pq# 897
IN WITNESS WHEREOF. Grantor has caused this Special Warranty Deed to be
executed by its duly authorized signatory on the day and year first above written.
GRANTOR.
SPECIAL ACQUISITI S I, INC., a lorida
Signed, sealed and delivered in the presence of corporatio
thaw witnesses:
By:
Name: Michael Rinaldi
Witness: � Title: Vice President
Print Nam . rQ le &J 1,&A1Q9m„t4/
/
[Seal]
Witness: JZ&4et
Print Name:
DocM 1962037
f _
STATE OF FLORIDA 8kp 2663 Pon 1993 )
ss.:
COUNTY OF COLLIER )
The foregoing instrument was acknowledged before me thday of March, 2b13
by Michael Rinaldi as Vice President of SPECIAL ACJUISINS III, INC., a Florida
corporation on behalf of the corporation. He is rsonally known to me OR 17 Produced
as identification.
Wft OMQN
NrirY rrift - fort tt NotIM
ft COOL ti 00 he 1{, lore
ttsffwtitrr / !! ni16I
\335005\301 - 0 953094 yr
Print or Stamp Name:
Notary Public, State of Florida at Large
Commission No.:
My Commission Expires:
Opa 1927973
BkX 2622 PQfr ON
EXHIBIT "tA"
wo
l nl Descrfntfon of the Prove rty
is o
2t
N
Lots 54 and 55, SUMMERLAND YACHT HARBOR, SUMMERLAND KEY, FL,
as recorded in Plat Book 2, Page 142, of the Public Records of Monroe
County, Florida.
CS
a
LESS AND EXCEPT'.
,..
co
A portion of Lot 54, SUMMERIAND YACHT HARBOR, SUMMERLAND KEY,
A
FL, as recorded in Plat Book 2, Page 142, of the Public Records of Monroe
County, Florida and better described as follows:
Beginning at the Intersection of the Soud vmsterly Rkjht &-Way line of
Center Street and the Southwesterly Right -of -Way line of Horace Street;
thence South 0000134" East along said Southwesterly Right -of -Way line
of Horace Street for 100.20 feet; thence North 860,23'13" West along the
Northerly Right -of -Way line of U.S. Highway No. 1 for 49.86 feet; thence
North 06114237" East for 40.06 feet; thence North 86*23'13" West for
31.16 feet; thence North 0303647" East for 5.00 feet; thence North
83°47'50" West for 23.29 feet; thence North 0100531"East for 7.75 feet;
thence South 88053'40" East for 27.50 feet; thence North 4002732" East
for 25.00 feet, thence North 03103647" East for 25.00 feet, &OX2 South
86023'13" East along the Southerly Right -of -Way One of Center Street for
53.64 feet back to the POINT OF BEGINNING.
AND LESS AND EXCEPT:
Unit 13, SUMMERLAND PALMS CONDOMINIUM, ac=drng to the
Declaration of Condominium thereof, as recorded In Official Records gook
2356, Page 1, of the Public Records of Monroe County, Florida; together
with the undivided 1/22nd interest In the common areas appertaining
thereto.
NOW KNOWN AS:
Condominium Units 1 to 12, inclusive: and Condominium Units 14 to 22,
inclusive, of SUMMERLAND PALMS CONDOMINIUM, according to the
Declaration of Corxiominium thereof, as recorded in Official Records Book
2356, Page 1, of the Public Records of Monroe County, Florida.
U35005V01- Y 953094 v I
9091408 — Unit 1
9091409 — Unit 2
9091410 - Unit 3
9091411 - Unit 4
9091412 - Unit 5
9091413 - Unit 6
9091414 - Unit 7
9091415 - Unit 8
9091416 - Unit 9
9091417 — Unit 10
9091418 -Unit 11
9091419 - Unit 12
9091421- Unit 14
9091423 - Unit 15
9091424 - Unit 16
9091425 - Unit 17
9091426 - Unit 18
9091427 - Unit 19
9091428 - Unit 20
9091429 - Unit 21
9091430 - Unit 22
0"S 1027973
Bkp 2622 PsH 999
EXHIBI:[ -A-1-
Folio Nambegs Asskned to. the, Proac
Doc# 1962037
Bk# 2663 Pgq 1995
an of SUMM@RLAND PALMS CONDOMINIUM, according to the Declaration of
Condominium thereof, as recorded in Official Records Book 2356, Page 1, of the Public
Reeds of Monroe County, Florida.
U3500W01 - 0 953094 v 1 RECORDS
Exhibit# 9
SUMMERLAND PALMS INVESTORS, LLB
24930 Overseas Highway
Summerland Key, Florida Dace 1962037
8k# 2663 Pg# 1996
LEGAL DESCRIPTION
Lots 54 and 55, SUMMERLAND YACHT HARBOR, SUMMERLAND KEY, FL, as recorded in Plat Book 2,
Page 142, of the Public Records of Monroe County, Florida.
LESS AND EXCEPT:
A portion of Lot 54 SUNLMERLAND YACHT HARBOR, SUMMERLAND KEY, FL, as recorded in Plat Book 2,
Page 142, of the Public Records of Monroe County, Florida and better described as follows:
Beginning at the intersection of the Southwesterly Right -of -Way line of Center Street and the Southwesterly Right -
of -Way line of Horace Street; thence South 00001'34" East along said Southwesterly Right -of -Way line of Horace
Street for 100.20 feet; thence North 86°23'13" West along the Northerly Right -of -Way line of U.S. Highway No. 1
for 49.86 feet; thence 06°42'37" East for 40.06 feet; thence North 86023'I3" West for 31.16 feet; thence North
03°36'47" East for 5.00 feet; thence North 83°47'50" West for 23.29 feet; thence North 01'05'31" East for 7.75
feet; thence South 88°53'40" East for 27.50 feet; thence North 40027'32" East for 25.00 feet; thence North
03°36'47" East for 25.00 feet; thence South 86°23"13" East along the Southerly Right -of -Way line of Center Street
for 53.64 feet back to the POINT OF BEGINNING.
NOW KNOWN AS:
Condominium Units 1 to 22, inclusive, of SUMMERLAND PALMS CONDOMINIUM, according to the
Declaration of Condominium thereof, as recorded in Official Records Book 2356, Page 1, of the Public Records of
Monroe County, Florida
RE and Alternative Key Numbers
RE Numbers
Alternative Key Numbers
00194741-000100
9091408
00194741-000200
9091409
00194741-000300
9091410
00194741-000400
9091411
00194741-000500
9091412
00194741-000600
9091413
00194741-000700
9091414
00194741-000800
9091415
00194741-000900
9091416
00194741-001000
9091417
00194741-001100
9091418
00194741-001200
9091419
00194741-001300
9091420
00194741-001400
9091421
00194741-001500
9091423
00194741-001600
9091424
00194741-001700
9091425
00194741-001800
9091426
00194741-001900
9091427
00194741-002000
9091428
00194741-002100
9091429
00194741-002200
9091430
Doc# 1962037
Bk# 2663 Pg# 1997
Ol hl71YY1 Exhibit#
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Exhibit# 11
County of Monroe
Growth Management Division
Plannine & Enviroamtntgl Resources
Department
2798 Overseas Highway, Suite 410
Marathon, FL 33050
Voice: (305) 289-2500
FAX; (305) 289-2536
November 7, 2013
Smith Oropeza, P.L.
Attn: Barton Smith
138-142 Simonton Street
Key West, FL 33040
Board of County Commissioners
Mayor George Neugent, District 2
Mayor Pro Tern, Heather Carruthers, District 3
Danny L. Kolhage, District i
David Rice, District 4
Sylvia J. Murphy, District 5
DoeN 1962037
9ka 2663 Pga 2000
RE: LETTER OF
DEVELOPMENT RIGHTS DETERMINATION FOR
SUMMERLAND PALMS TRAILER PARK, LOCATED AT 24930
OVERSEAS
HIGHWAY (US1),
SUMMERLAND KEY, ON PROPERTY
HAVING REAL
ESTATE NUMBERS 00194741.000100, 00194741.000200,
00194741.000300,
00194741.000400,
00194741.000500, 00194741.000600,
00194741.000700,
00194741.000800,
00194741.000900, 00194741.001000,
00194741.001100,
00194741.001200,
00194741.001300, 00194741.001400,
00194741.001500,
00194741.001600,
00194741.001700, 00194741.001800,
00194741.001900,
00194741.002000, 00194741.002100 AND 00194741.002200
This letter is in response to your request for a determination as to the number of dwelling units
that were lawfully established and thereby exempt from the Residential Rate of Growth
Ordinance (ROGO) permit allocation system on the above -described premises.
Background Information:
The subject property is located at 24930 US 1 on Surnmerland Key, at approximate mile marker
25 on the Gulf of Mexico side of US 1. It is situated north of US 1, south of Center Street and
west of Horace Street. The existing mobile home park on the property is known as Summerland
Palms Trailer Park and Summerland Palms Condominium.
The property is comprised of 22 parcels of land, which are aggregated for the purposes of
development. It is legally described as Lot 55 and part of Lot 54, Summerland Yacht Harbor
(Plat Book 2, Page 142), Summerland Key, Monroe County, Florida, with the parcels currently
assessed under the following real estate (RE) numbers: 00194741.000100, 00194741.000200,
00194741.000300, 00194741.000400, 00194741.000500, 00194741.000600, 00194741.000700,
00194741.000800, 00194741.000900, 00194741.001000, 00194741.001100, 00194741.001200,
00194741.001300, 00194741.001400, 00194741.001500, 00194741.001600, 00194741.001700,
Summerland Palms, Letter of Development Rights Determination (File #2013-134) Page I of 7
Docli 1962037
8k1 2663 Pgp 2001
00194741.001800, 00194741.001900, 00194741.002000, 00194741.002100 and
00194741.002200.
Note 1: The aforementioned RE numbers were established by the Monroe County Property
Appraiser for the 2008 tax roll. Prior to 2008, the parcels were assessed under RE
#00194730.000000 and RE #00194740.000000.
Note 2: The subject property does not include, but has been historically associated with, the
contiguous parcel to the east, currently assessed as RE #00194730.000000. The boundaries of the
parcel identified as RE#00194730.000000 have been modified over time.
The property is located within an Urban Residential Mobile Home (URM) Land Use (Zoning)
District. Consistent with the boundaries of the URM land use district, it is within the Residential
High (RH) Future Land Use Map (FLUM) category. The following aerial photograph shows the
boundaries of the property and the land use districts of the immediate area:
9
�)• ..,p-,,f..�. ..- 4 .. L LB r a A`. 11 �y �.,.
t IF> ,P-win' £ . Jp ¢�+s
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v, , . - 1 ' r-4,-4)n74.f.„---„c-. 40 ' i:-I mr- m
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licoss;E:4- .i-ii :VA. ,..;,,.'4.- '-.., _ - Flir'-ir. ii:_ -
Subject Property with Land Use Districts Overlaid(Aerial dated 2012)
Residential Dwelling Units:
The applicant asserts that the 22 residential dwelling units are lawfully-established and thereby
exempt from the ROGO permit allocation system.
Pursuant to §138-22(1), the ROGO shall not apply to the redevelopment, rehabilitation or
replacement of any lawfully-established residential dwelling unit that does not increase the
number of residential dwelling units above that which existed on the site prior to the
redevelopment, rehabilitation or replacement. Therefore, owners of land containing residential
Summerland Palms,Letter of Development Rights Determination(File 42013-134) Page 2 of 7
Docp 1962037
Skp 2663 Pgq 2002
dwelling units shall be entitled to one unit for each such unit lawfully -established. The planning
director shall review available documents to determine if a body of evidence exists to support the
existence of units on or about July 13, 1992, the effective date of the original ROGO ordinance.
In order to approve an exemption, at least two of the following documents supporting the lawful
existence of the residential dwelling unit or space must be found:
Any issued Monroe County building permit(s) supporting the existence of the structures) and its
use(s) on or about July 13, 1992:
The following building permits are on file in the Building Department's records:
RE'400194740.000000
Permit #
Date Issued
Description
A-196
03/26/1975
Install electric meter center
A-1839
12/23/1976
Tie down mobile home (Unit #3)
A-4242
10/12/1978
Repair drain field
881-1777
09/14/1988
Install 100 amp electric service (Unit #?)
941-0163
02/10/1994
Carry out emergency electrical work to mobile home (Unit #?)
951-0945
12/12/1995
Renovate and expand existing sewer treatment plant
951-0982
07/21/1995
Install/construct shed (Unit #7)
011-1733
06/01/2001
Enclose porch and tie down mobile home (Unit #15)
021-0572
03/01/2002
Construct screen room with awning (Unit #3)
031-3076
07/09/2003
Construct screen room (Unit # 18)
031-3834
10/07/2003
InstaWreplace mobile home (Unit #13)
-
25613
02/22/1972
Construct addition (Unit #?)
A-10090
01/14/1983
Upgrade electric service (Unit #17)
911-2280
02/25/1991
Repair single family residence roof (Unit #?)
911-2313
03/21/1991
Renovate existing structure (Unit #?)
911-2455
03/21/1991
Demolish structure (Unit #?)
991-2163
12/10/1999
Install/replace mobile home (Unit #7)
991-2889
12/10/1999
Demolish mobile home (Unit #7)
041-3156
07/02/2004
Demol ish addition (Unit # 17)
051-5203
11 / 17/2005
Repair mobile home roof (Unit # 10)
0714260
10/02/2007
Repair mobile home roof (Unit #?)
101-1045
03/23/2010
Replace mobile home roof (Unit #9)
111-3317
07/25/2011
Replace mobile home roof (Unit #?}
Rk#00194741`
000100 thrd iglt)RE'#U0
091-4559
11/10/2009
Replace paneling board and insulation (Unit #13)
111-5343
10/31/2011
Demolish mobile home (Unit #21)
121-0299
06/13/2012
Change out meter cans (Units #6, 7, 9, 10, 17, 18, 19 & 20)
131-3769
10/30/2013
install 100 am electric service (Unit #21)
Summerland Palms, Letter of Development Rights Determination (File #2013-134) Page 3 of 7
Doc# 1962037
Bkq 2663 Pg# 2003
* The subject property does not include, but has been historically associated with, the contiguous
parcel to the east, currently assessed as RE #00194730.000000. The boundaries of the parcel
identified as RE, #00194730.000000 have been modified over time. Past building permits
associated with the subject property were filed under RE #00194730.000000 prior to the
boundary modifications. However, it should be noted that some of the building permits on file
may be associated with the existing single-family development remaining on the parcel and not
part of the subject property.
There is not a building permit on file in the Building Department's records for the initial
construction of the mobile home park and the installation of the original mobile homes.
Building Permits #991-2163 and #031-3834 approved the replacement of mobile homes. Other
building permits support the continued existence of a mobile home park with ranging lot/unit
numbers. Of importance are Building Permits #951-0945 and #021-0572. Building Permit #951-
0945, issued in 1995, approved an onsite wastewater treatment plant for a mobile home park.
The preliminary design report submitted with the permit specifies the wastewater treatment plant
is for 22 mobile homes. Building Permit #951-0945 was approved by Planning Department and
Building Department staff. Building Permit #021-0572, issued in 2002, included a site plan for
the mobile home park which shows and labels 22 units.
Documentation from the Monroe County Property Appraiser's Office indicating residential use
on or about July 13, 1992:
The Property Appraiser currently assesses each individual Real Estate number
(#00194741.000100 through #00194741.002200) under a property classification code of 00
(Vacant Residential).
Monroe Coynty Property Appraiser Data',(2013). -;
Condominium Parcel
(Un latted Lots)
RE #
Building Year Built*
Building Square Footage
Lot # 1
00194741.000100
1975
2,280 SF
Lot #2
00194741.000200
1975
1,576S
Lot #3
00194741.000300
1975
1,921 SF
Lot #4
00194741.000400
1975
1,584 SF
Lot#5
00194741.000500
1975
958 SF
Lot #6
00194741.000600
1975
1,509 SF
Lot #7
00194741.000700
1975
1,290 SF
Lot#8
00194741.000800
1975
1.770 SF
Lot #9
00194741.000900
1975
1 834 SF
Lot#10
00194741.001000
1975
1,371 SF
Lot # l l
00194741,001100
1975
1,191 SF
Lot # 12
00194741.001200
1975
1,203 SF
Lot # 13
00194741.001300
1980
1 872 SF
Lot # 14
00194741.001400
1975
1,296 SF
Lot #15
00194741.00i500
i975
1,632 SF
Summerland Palms, Letter of Development Rights Determination (File #2013-134) Page 4 of 7
Doctl 1962037
Bkii 2663 1290 2004
Lot # 16
00194741.001600
1975
1,334 SF
Lot #17
00194741.001700
1975
1 110 SF
Lot #18
00194741.001800
1975
1,386 SF
Lot # 19
00194741.001900
1975
1,720 SF
Lot #20
00194741.002000
1975
1 400 SF
Lot #21
00194741.002100
1975
2 176 SF**
Lot #22
00194741.002200
1975
1,825 SF
* The information in this column should not be relied upon to ascertain the year in which a specific
existing structure was built. Although several of the existing mobile homes may have been built in
1975, there is no additional evidence to suggest that all of the existing mobile homes were constructed
in 1975 (excluding the mobile home on #13, which had a year built date of 1980). Further, the year
built date information is contradictory with building permits on file in the Building Department's
records and information obtained by staff during a site visit. Several of the lots are currently vacant
and several of the existing mobile homes appear to be models that post-date 1975.
**Under Building Permit #111-5343, the mobile home on #21 was demolished in 2011.
Aerial photographs and original dated photographs showing the structures) existed on or about
July 13, 1992:
Aerial photography from January 1984 to 2012 confirrns the continuous existence of at least ten
structures on the property (Units on Lots 1, 2, 3, 4, 6, 7, 16, 17, 18, and 20). Other structures
were in existence during that timeframe, but are not visible due to obstructing vegetation on the
site and replacement efforts. In the 1999, 2006 and 2009 aerials, 22 structures were visible. As a
note, aerial photography can only confirm the number of structures, not the number of dwelling
units, in existence at any given time.
V 4F;\WtYLV,
A.:
1984 , 1989 . 1993 1999
eAVsible'.,':
ZQOZ, , 2006
20Q9 . , 20
Unit 1
X
X
X
X
X
X
X
X
Unit 2
X
X
X
X
X
X
X
X
Unit 3
X
X
X
X
X
X
X
X
Unit 4
X
X
X
X
X
X
X
X
Unit 5
X
X
X
X
X
X
X
Unit 6
X
X
X
X
X
X
X
X
Unit 7
X
X
X
X
X
X
X
X
Unit 8
X
X
X
X
X
X
X
Unit 9
X
X
X
X
X
X
X
Unit 10
X
X
X
X
X
X
Unit 11
X
X
X
X
X
Unit 12
X
X
X
X
X
Unit 13
X
X
X
X
X
X
Unit 14
X
X
X
X
X
X
Unit 15
X
X
X
X
X
X
X
Unit 16
X
X
X
X
X
X
X
X
Summerland Palms, Letter of Development Rights Determination (File #2013-134) Page 5 of 7
DoeN 1962037
Bkq 2663 P9a 2005
Unit 17
X
X
X
X
X
X
X
X
Unit 18
X
X
X
X
X
X
X
X
Unit 19
X
X
X
X
X
X
X
Unit 20
1 X
X
X
X
X
X
X
X
Unit 21
X
X
X
X
X
X
Unit 22
X
X
X
X
X
X
K
Residential county directory entries on or about July 13, 1992:
No residential county directory entries were provided for review.
Rental, occupancy or lease records, on or about July 13, 1992, indicating the number, type and
term of the rental or occupancy:
No rental, occupancy or lease records were provided for review.
State and/or County licenses, on or about July 13, 1992, indicating the number and types of
rental units:
No state or county licenses were provided for review.
Documentation from the utility providers indicating the type of service (commercial or
residential) provided and the number of meters in existence on or about July 13, 1992:
The applicant submitted three billing statements from Keys Energy Services, detailing electric
service records for 3 units. One of the statements has electric service starting in 1991 and the
other two statements show service began in 2007 and 2013.
Note: Water and electric service were likely provided at times earlier than the aforementioned
dates; however records confirming/supporting such were not provided.
Similar supporting documentation not listed above as determined suitable by the planning
director:
A site visit was conducted by Planning & Environmental Resources Department staff on October
15, 2013. During the site visit, staff observed 18 mobile homes and 4 vacant sites with electric.
The 1988 Monroe County Mobile Home Study indicates 17 mobile homes and 3 recreational
vehicles were observed on the property at that time. However, it should be noted that the
surveyor's objective was to obtain a county -wide estimate of mobile homes and recreational
vehicles, not necessarily an exact total, and the surveyor may not have been authorized to enter
the private property to get an accurate account on the subject property.
Summerland Palms, Letter of Development Rights Determination (Fife #2013-134) Page 6 of 7
Doetl 1962037
9kU 2663 P9# 2006
Lawful Determination:
Based on a review of the records associated with the subject property, the Planning &
Environmental Resources Department has determined that twenty two (22) permanent residential
dwelling units were lawfully -established on the subject property. As such, up to 22 mobile
homes may continue to existing and their replacement would thereby be exempt from the ROGO
permit allocation system.
Although there are not building permits on file for the installation of all 22 mobile homes, the
existence of 22 mobile homes since 1992 is supported by Monroe County Property Appraiser
records and aerial photography, as well as the content of building permits on file for other
improvements. Nearly every building permit on file refers to the existence of a mobile home
park. Of most importance, Building Permit #951-0945, issued in 1995 shortly after the adoption
of ROGO in 1992, approved an onsite wastewater treatment plant for a 22-unit mobile home
park. As the residential density provisions for the URM district would not have permitted a total
of 22 mobile homes in 1995, the plant was clearly intended to serve 22 existing units.
Note: Although 22 mobile homes cannot be permitted on an unplatted URM site consisting of
0.93 acres under the current URM residential density provisions (the allocated density is 5
dwelling units per acre), the existing 22 residential dwelling units were lawfully established on
the subject property prior to the establishment of the URM residential density provisions in 1986
may continue to exist and be replaced pursuant to MCC §130-163.
This letter does not provide any vesting to existing regulations and the replacement dwelling
units and any new accessory structures must be built in compliance, with all applicable
regulations of the Monroe County Code and Comprehensive Plan at the 11time of development
approval. Furthermore, if the exempted development is not replaced, but substantially improved
as defined in the Monroe County Code, such development must be brought into compliance with
all applicable regulations.
You may appeal decisions set forth in this letter. The appeal must be filed with the County
Administrator, 1100 Simonton Street, Gato Building, Key West, FL 33040, within thirty (30)
calendar days from the date of this letter. In addition, please submit a copy of your application to
the Planning Commission Coordinator, Monroe County Planning & Environmental Resources
Department, 2798 Overseas Hwy, Suite 410, Marathon, FL 33050.
We trust that this information is of assistance. If you have any questions regarding the contents
of this letter or if we may further assist you with your project, please feel free to contact our
Marathon office at (305) 289-2500.
Sincerely,
TownslSc ab, Senior Director of Planning & Environmental Resources
Summerland Palms, Letter of Development Rights Determination (File #2013-134) Page 7 of 7
Pre aR red by and return to:
Gregory S. Oropeza, Esq.
Attorney at Law
Smith I Oropeza, P.L.
138-142 Simonton Street
Key West, FL 33040 l
305-296-7227 In
File Number: 2013-151�
Will Call No,:
Parcel ldcntifcation No.00I74960-000000
Exhibit# 12
Filed dlR*eorded2in00 f�fal Records or
MONROE COUNTY AMY HEAVILIN.10Pp
10/04/2013 3:10PM
DEED DOC STAMP CL: Krys $9,300.00
Above This Line For Recording Data]_
Warranty Deed
(STATUTORY FORM - SECTION 689.02, F.S.)
DoeN 1962037
SkN 2663 PgN 2007
This Indenture made this 26th day of September, 2013 between H & L Florida Associates, LLC, a Florida limited
liability company whose post office address is 1582 York Avenue, Suite 3C, New York, NY 10028 of the County of New
York, Slate of New York, grantor*, and Coco Palms Developers, LLC, a Florida limited liability company, whose post
office address is P.O. Box 2039, Key West, FL 33040 of the County of Monroe, State of Florida, grantee*,
Witnesseth that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS (510.00) and other
good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged,
has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land,
situate, lying and being in Monroe County, Florida, io-wit:
Lot 30 Sacarma, a subdivision of Government Lots 3 and 4 in Section 29, Township 66 South, Range
28 East, Cudjoe Key, Monroe County, Florida, recorded in Plat Book 2, Page 48 of the Public
Records of Monroe County, Florida.
and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all
persons whomsoever.
• "Grantor" and "Graiace are used for singular or plural, as context rcgnires.
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written.
Signed, sealed and delivered in our presence:
1
itncss Name:
H & L Florida Assoc'ates, LL
By:
t atthcw Hornstein, iv naging Member
(Corporate Seal)
DocO 1952849
Skill; 2663 PgN 227
DoubleTlrnee
State or NP-11;l/ ya14C.
County of
The foregoing instrument was acknowledged before me this 26th day of September, 2013 by Matthew Hornstein of H & L
Florida Associates, LLC, on behalf of the corporation. lie/she [_j is personally known to me or [X] has produced a driver's
license as identification.
ENo.tar.,y
OSE M SMALL Notary Public
[Notary Seal]51ie -State o1 New York
. 01SM6108336 Printed Name:d in New York County
sion Excires
myCortnnissionExpires: &—dt4, /iZ 2fl�6
Doc{3 1962037 �f
Bkp 2663 Pga 2008
Doc# 1952849
Bk# 2633 Pq# 228
MONROE COUNTY
OFFICIAL. RECORDS
Doubte'rimee
ly,71. «nly Deed (Slalvtay Form) - Page 2
Exhibit# 13
Coco Palm Developers, LLC
21585 Old State Road 4A
Cudjoe Key, Florida
LEGAL DESCRIPTION DocK 1962037
Blot 2663 P9a 2009
Lot 30 Sacarma, a subdivision of Government Lots 3 and 4 Section 29, Township 66 South
Range 28 East, Cudjoe Key, Monroe County, Florida, recorded in Plat Book 2, Page 48 of
the Public Records of Monroe County
RE and Alternative Key Numbers
RE Numbers Alternative Key Numbers
00174960-000000 1227021
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Exhibit# 15
County of Monroe
Growth Management Division
Plannine & Environmental Resources
Department
2798 Overseas Highway, Suite 410
Marathon, FL 33050
Voice: (305) 289-2500
FAX: (305) 289-2536
November 26, 2013
Smith Oropeza, P.L.
Attn: Barton Smith
138-142 Simonton Street
Key West, FL 33040
Board of County Commissioners
Mayor Sylvia 1. Murphy, District 5
Mayor Pro Tem, Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
David Rice, District 4
8k4 288320pgp 2012
RE: ADDENDUM 1 TO THE MAY 13, 2008 LETTER OF DEVELOPMENT RIGHTS
DETERMINATION FOR RAINBOW'S END TRAILER PARK AND COCO'S
CANTINA, LOCATED AT 21585 OVERSEAS HIGHWAY (US 1), CUDJOE KEY,
ON PROPERTY HAVING REAL ESTATE NUMBER 00174960.000000
This letter is in response to your request for a determination as to the number of dwelling units
that were lawfully established and thereby exempt from the Residential Rate of Growth
Ordinance (ROGO) permit allocation system and the amount of the non-residential floor area
that may be rebuilt and exempt from the Non -Residential Rate of Growth Ordinance (NROGO)
on the above -described premises.
A previous letter of development rights determination was issued for the subject property on
May 13, 2008. Based on a review of the records available at that time, the Planning &
Environmental Resources Department determined that 16 permanent residential dwelling units
(in the form of mobile homes) and 1,400 square feet of non-residential floor area is lawfully -
established on the subject property.
The applicant has requested a revised determination and submitted additional information
supporting the existence of 17 permanent residential dwelling units (in the form of mobile
homes) and five (5) transient residential dwelling units (in the form of recreational vehicles). The
applicant has not requested any revision to the determination of 1,400 square feet of non-
residential floor area.
This addendum letter concerns the seventeenth permanent residential dwelling unit. An
additional addendum letter shall be issued regarding the Planning & Environmental Resources
Department's position on the five (5) transient residential dwelling units.
Rainbow's End Trailer Park, Letter of Development Rights Determination (File #2013-132) Page t of 8
Doc,* 1962037
Bk,* 2663 PO 2013
Background Information:
The subject property, commonly known as Rainbow's End Trailer Park and Coco's Cantina, is
located at 21585 Overseas Highway (US 1) on Cudjoe Key, at approximate mile marker 22 on
the Gulf of Mexico side of US 1.
The property is legally described as Lot 30, Sacarma subdivision, Cudjoe Key (Plat Book 2, Page
48), having real estate (RE) number 00174960.000000.
The property is divided within three Land Use (Zoning) Districts: Suburban Commercial (SC),
Urban Residential Mobile Home (URM) and Native Area (NA). Consistent with the Land Use
Districts, the property is also divided within three Future Land Use Map (PLUM) categories:
Mixed Use Commercial (MC), Residential High (RH) and Residential Conservation (RC). The
following aerial photograph shows the boundaries of the property and the land use districts of the
immediate area:
i ' - 4., : w ")-',,,-.0 ',4,,, e'.. .,-,..- . It ,„...._—A
---..., 4,. '.; '—'-- ' , , , - 1—--- ' 4: '.-'-''4,,,,KJ"!'', - ' ' 1.`i' , /
y"t 5g. 'xZt Kr ".
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` �.f .. t d {
i k
I ,;? ^£ii R ♦ 4 'ate$ !# d'Y ft
t 11 i
F al%1:01W;ii '1 ' ' ' ' ' .,
s .7024,
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y
4
Subject Property with Land Use Districts Overlaid(Aerial dated 2012)
Residential Dwelling Units:
In the application for the May 13, 2008 letter, the previous application requested a finding that
21 residential dwelling units were lawfully-established and thereby exempt from the Residential
Rate of Growth Ordinance (ROGO) permit allocation system. According to the previous
applicant, the site was developed with 16 mobile home lots and 5 recreational vehicle spaces
(some of the lots/spaces were vacant).
Rainbow's End Trailer Park, Letter of Development Rights Determination(File#2013-132) Page 2 of 8
Doc# 1962037
Bk# 2663 Pg# 2014
The current applicant asserts that the 22 residential dwelling units were lawfully -established and
thereby exempt from the ROGO permit allocation system. According to the current applicant, the
site is developed with 17 mobile home lots and 5 recreational vehicle spaces (some of the
lots/spaces are vacant).
As previously stated, this addendum concerns the mobile home lots.
Mobile homes are a type of dwelling units. As defined in MCC § 101-1, a dwelling unit is one (1)
or more rooms physically arranged to create a housekeeping establishment for occupancy by one
(1) family with separate toilet facilities. Further, a mobile home is a type of permanent
residential units. As defined in MCC §101-1, a permanent residential unit is a dwelling unit that
is designed for, and capable of, serving as a residence for a full housekeeping unit which
includes a kitchen composed of at least a refrigerator and stove.
Pursuant to § 138-22(1), the ROGO shall not apply to the redevelopment, rehabilitation or
replacement of any lawfully -established residential dwelling unit that does not increase the
number of residential dwelling units above that which existed on the site prior to the
redevelopment, rehabilitation or replacement. Therefore, owners of land containing residential
dwelling units shall be entitled to one unit for each such unit lawfully -established. The planning
director shall review available documents to determine if a body of evidence exists to support the
existence of units on or about July 13, 1992, the effective date of the original ROGO ordinance.
In order to approve an exemption, at least two of the following documents supporting the lawful
existence of the residential dwelling unit or space must be found:
Note: The determination in the May 13, 2008 letter was concluded pursuant to Administrative
Interpretation #03-108, which provided the criteria to determine whether or not a residential
dwelling unit was lawfully -established. However, in 2011, MCC §138-22 was amended to
included criteria within the code and Administrative Interpretation #03-108 was rescinded. The
criteria within Administrative Interpretation #03-108 and MCC §138-22 are marginally different.
Any issued Monroe County building permit(s) supporting the existence of the structures) and its
uses) on or about July 13, 1992:
Building permits permitting the installation of all of the existing mobile homes were not located.
However, the building permits on file for the property support the continuous existence of a
mobile home park on the property from the 1970s to present.
The following table organizes building permits by the non -platted internal lot numbers, as
assigned by the mobile home park operator. As a note, some building permits did not provide an
internal lot number:
Rainbow's End Trailer Park, Letter of Development Rights Determination (File #2013-132) Page 3 of 8
Doc# 1962037
Bk# 2663 Pg# 2015
Kh ##UU174960.000000
Permit t#
Date Issued
Description
121-2085*
06-05-2012
Demolish 2 mobile homes (units I3 and 15)
101-7113*
02-04-2011
Paint existing building and install fence (unit not specified)
071-5151
12-05-2007
Demolish 1 mobile home and associated structures (unit 12)
071-4938
11-19-2007
Reinstall 100 amp electric service (unit 10)
061-3431
06-07-2006
Re -roof 1 mobile home (unit 10)
061-1799
03-20-2006
Install 3 temporary FEMA trailers (units 2, 3 and 14)
061-1400
03-01-2006
Replace 2 gang meter (units 1 and 3)
061-1396
03-01-2006
Replace 2 gang meter (units 2 and 4)
051-6769
0I-26-2006
Construct handicap ramp to mobile home (unit 15)
051-6626
12-08-2005
Demolish I mobile home and associated structures (unit 14)
051-6623
I2-08-2005
Demolish 1 mobile home and associated structures (unit 2)
021-2209
05-23-2002
Change out 4 ton package unit with new unit (restaurant)
021-1550
04-17-2002
Upgrade to 100 amp electric service (unit 4)
98I-2736
12-15-1998
Repair roof of I mobile home (unit 6)
971-0062
01-28-1997
Install area light (unit not specified)
951-0514
05-17-1996
Replace 1 mobile home (unit 6)
951-1792
01-09-1996
Upgrade hood fire suppression system (restaurant)
95I-1132
08-07-I995
Replace electric service (units 10 and 12)
951-0774
06-07-1995
Install A/C with duct system (restaurant)
881-13I4
07-12-1988
Reinstall 100 amp electric service (unit not specified)
881-1112
06-16-I988
Replace meter can (units 9 and 11)
881-0387
03-08-1988
Re -roof and remodel I mobile home (unit not specified)
881-0313
02-26-1988
Replace meter can (unit not specified)
881-0287
02-23-1988
Replace electric service (unit not specified)
881-0099
01-22-1988
Construct screened porch and deck (unit 10)
871-0642
10-10-I987
Install 200 amp electric service (unit not specified)
A-17356
04-06-I987
Upgrade to 100 amp electric service (unit 2 A)
A-13965
08-20-1985
Construct porch and shed (unit not specified)
A-12813
01-23-1985
Addition to sign
A-10096
12-14-1982
Replace 1 mobile home (unit not specified)
A-9853
11-01-1982
Construct shed (unit 16)
A-9596
07-22-1982
Replace 1 mobile home unit 1)
A-9274
03-09-1982
Replace 1 mobile home (unit 8)
A-9086*
01-20-1982
Replace 1 mobile home (unit not specified)
A-8805
11-03-1981 Install
2 mobile home
A-6217
01-07-1980 Install
100 amp electric service (unit 2 B)
A-492I
03-09-1979
Construct fence and porch (unit 2 A)
A-4724
02-01-1979
Replace 1 mobile home (unit 2 A)
Rainbow's End Trailer Park, Letter of Development Rights Determination (File #2013-132) Page 4 of 8
Doca 1962037
Bkp 2663 Pq# 2016
34347 1 11-08-1974 Install 200 amp electric service (unit not specified)
* Issued or located after the May 13, 2008 letter
There is not a building permit on file in the Building Department's records for the initial
construction of a mobile home park. Seven (7) building permits were found which authorized the
placement/replacement of eight (8) mobile homes. Other building permits support the continued
existence of a mobile home park with ranging lot/unit numbers.
Building Permit #971-0062, issued on January 28, 1997, approved the installation of an area
light. A site plan provided with the application shows 16 trailer (mobile home) lots on the
property at that time.
Documentation from the Monroe County Property Appraiser's Office indicating residential use
on or about July 13, 1992:
The Monroe County Property Appraiser assessed the property identified as RE
#00174960.000000 from 1982 to 1987 under a property classification (PC) code of PC 21
(restaurant or cafeteria). In 1988, the PC code was changed to PC 36 (mobile home parks/ private
camping/ recreational parks). In 2009, the PC code was changed to PC 28 (parking lots/ mobile
home parks). It has been assessed as PC 28 until present.
The Property Appraiser's records indicate a building value on the parcel from 1982 to 2012;
however a building is currently not attributed to the property. Mobile homes under separate
ownership and/or assessed by the Tax Collector are not reflected as buildings or structures in the
Property Appraiser's records. It is unknown why the restaurant building is not reflected. Further,
the Property Appraiser's records include the following appraiser's note: "Coco's Cantina
Restaurant plus 17 unit mobile home park Rainbows End."
In addition to the current property record card which only provides data back to 1982, a property
record card from 1975 indicates that there was a mobile home park/recreational vehicle
development on the property at that time, with mobile homes on lots 1A, 113, 10, 12, 13, 16 and
17.
Aerial photographs and original dated photographs showing the structure(s) existed on or about
July 13, 1992:
Aerial photography from 1982 to 2012 confirms the continuous existence of a mobile home park
on the property. Aerial photography from 1989, 1992, 1994, 1996, 1998 and 2006 shows 16
structures on the property, all of which appear to be mobile homes and/or recreational vehicles
(not including the restaurant). Aerial photography from 2009 and 2012 shows 17 structures on
the property, all of which appear to be mobile homes and/or recreational vehicles (not including
the restaurant). Aerial photography from 2000, 2002 and 2004 indicates the presence of 15
structures on the property, all of which appear to be mobile homes and/or recreational vehicles
(not including the restaurant). However, from the aerial photography, Staff cannot determine
with any certainty if a given structure was a mobile home, a recreational vehicle or another type
of structure or vehicle.
Rainbow's End Trailer Park, Letter of Development Rights Determination (File #2013-132) Page 5 of 8
Doctl 1962037
Bkp 2663 P9t# 2017
Residential county directory entries on or about July 13, 1992:
No residential county directory entries, from on or about July 13, 1992, were provided for
review.
Rental, occupancy or lease records, on or about July 13, 1992, indicating the number, type and
term of the rental or occupancy. -
No rental, occupancy or lease records, from on or about July 13, 1992, were provided for review.
State andlor County licenses, on or about July 13, 1992, indicating the number and types of
rental units. -
Rainbow's End Trailer Park had a valid Monroe County business tax receipt for 2006-07 and
2007-08 (#47144-4647). The total number of mobile homes or lots was not specified on the tax
receipt. Further, Rainbow's End Trailer Park had a valid Monroe County occupational license for
1988-1989 (#42878). The total number of mobile homes or lots was not specified on the license.
Note: The mobile home park may have had valid occupation licenses, business tax receipts or
other Monroe County Tax Collector documentation for other years; however such documentation
was not provided for review.
State of Florida Department of Health operating permits from 2007, 2006, 2004 and 1999 (44-
54-00055) for the Rainbow's End Trailer Park site indicate that there were 16 mobile home
spaces and 5 RV spaces on the property at that times. No information prior to 1999 was
provided for review. Furthermore, these documents only reflect "spaces" not units.
Online State of Florida Department of Business & Professional Regulations records state that
Rainbow Key had 16 lots in 1988, 1994 and 2007. In addition, the current online State of Florida
Department of Business & Professional Regulations records state that special qualifications for
Rainbow Key include "Park Includes RV Lots" and "Permitted Prior to June 4, 1986." However,
the online records do not indicate the number of RV lots or the date(s) in which they were
established.
Note: The mobile home park may have had valid operating permits or other State of Florida
documentation for other years; however such documentation was not provided for review.
Documentation from the utility providers indicating the type of service (commercial or
residential) provided and the number of meters in existence on or about Judy 13, 1992:
The applicant submitted three billing statements from Keys Energy Services, detailing electric
service records for units. However, the total number of mobile homes is not specified as there are
multiple meters.
Rainbow's End Trailer Park, Letter of Development Rights Determination (File #2013-132) Page 6 of 8
Doe# 1962037
Sk# 2663 Pg# 2018
Note: Water and electric service were likely provided at times earlier than the aforementioned
dates; however records confirming/supporting such were not provided.
Similar supporting documentation not listed above as determined suitable by the planning
director:
Prior to the 1986 re -zoning of the property to SC, URM and NA, the property was divided within
a RU-5P district (Mobile Home Park Residential) and a BU-2 (Medium Business) district. The
mobile home park area of the site was entirely within the RU-5P district. Mobile homes were
permitted in the RU-5P district.
Prior to the May 13, 2008 letter, a site visit was conducted by Planning & Environmental
Resources Department Staff on May 2, 2008. Staff observed 13 mobile homes, 3 recreational
vehicles and the Coco's Cantina restaurant.
A second site visit was conducted by Planning & Environmental Resources Department staff on
October 23, 2013. During the site visit, staff observed a total of 17 mobile homes and
recreational vehicles on the property.
The 1988 mobile home study, prepared by the Planning Department, indicates that 16 "mobile
homes" and 1 "other" present on the site at that time. However, it should be noted that the
surveyor's objective was to obtain a county -wide estimate of mobile homes and recreational
vehicles, not necessarily an exact total, and the surveyor may not have been authorized to enter
the private property to get an accurate account on the subject property.
Lawful Determination:
Based on a review of the records, the Planning & Environmental Resources Department has
determined that seventeen (17) permanent residential dwelling units (in the form of mobile
homes) were lawfully -established on the subject property. As such, up to 17 mobile homes may
continue to existing and their replacement would thereby be exempt from the ROGO permit
allocation system.
Upon a further review of the Monroe County Property Appraiser's information, it is evident that
there were 17 mobile home lots in 1975, not 16 mobile home lots. Further, the current Monroe
County Property Appraiser Property Record Card includes the following notation: "'Coco's
Cantina Restaurant plus 17 unit mobile home park Rainbows End."
In addition, while the 1988 mobile home study states that there were only 16 "'mobile homes" on
the property, it includes a reference to an additional "other" structure. Mobile homes that had
been improved with additions were often defined as such as the surveyor could not determine if
the structure was in fact a mobile home or recreational vehicle.
Pursuant to §138-22(1), in order to approve an exemption, at least of the described documents
supporting the lawful existence of the residential dwelling unit or space must be found in order
for the planning director to determine if a body of evidence exists to support the existence of unit
Rainbow's End Trailer Park, Letter of Development Rights Determination (File #2013-132) Page 7 of 8
00cU 1962037
8ko 2663 P94 2019
or space on or about July 13, 1992, the effective date of the original ROGO ordinance. The
aforementioned documentation satisfies this requirement.
Please note that this determination relates to the number of permanent residential units (in the
form of mobile home lots) that were lawfully -established on or about July 13, 1992. It does not
state or imply that all of the structures in existence were lawfully -established. Several of the
structures on the mobile home lots observed by staff during the site visits appeared to be
recreational vehicles, not mobile homes. Any recreational vehicle located on a mobile home lot
will have to be removed and any unlawful construction will require an after -the -fact building
permit for its construction or a demolition permit.
This letter does not provide any vesting to existing regulations and the replacement dwelling
units and any new accessory structures must be built in compliance with all applicable
regulations of the Monroe County Code and Comprehensive Plan at the time of development
approval. Furthermore, if the exempted development is not replaced, but substantially improved
as defined in the Monroe County Code, such development must be brought into compliance with
all applicable regulations.
You may appeal decisions set forth in this letter. The appeal must be filed with the County
Administrator, 1100 Simonton Street, Gato Building, Key West, FL 33040, within thirty (30)
calendar days from the date of this letter. In addition, please submit a copy of your application to
the Planning Commission Coordinator, Monroe County Planning & Environmental Resources
Department, 2798 Overseas Hwy, Suite 410, Marathon, FL 33050.
We trust that this information is of assistance. If you have any questions regarding the contents
of this letter or if we may further assist you with your project, please feel free to contact our
Marathon office at (305) 289-2500.
Sincerely,
Townsl Sc=b, Senior Director of Planning & Environmental Resources
Rainbow's End Trailer Park, Letter of Development Rights Determination (File 42013-132) Page 8 of 8
Exhibit# 16
KONROE COUNTY RILE I1 3 E3 0 0 7 6
OFFICIAL RECORDS BK#1 9 0 3 PG#1 9 7 9
RCD Jun 30 2003 02r54PM
PREPARED BY AN EMIRNT : DANNY L KOLHAG6, CLERK
RICHARD M. KLITENICK
RICHARD M. KUTENICK, P.A. DEED D O C S T A
624 WHITEHEAD STREET 0 6/ 3 0/2 0 0 9 7 5, 00
KEY WEST, FL 33040 3 - --�- D E P C L K
303-292-4101
FILE NUMBER: RE03.031
(Space Above This Line For Recording Datal_ DocIS 1962037
Blot 2663 Pgtt 2020 r
y�TA,RR.ANTY DEED
THIS WARRANTY DEED made this 30* day of June, 2003 between STOCK ROCK ENTERPRISES,
INC., a Florida corporation, whose post office address is P.O. Box 6626, Key West, FL 33041, ("Grantor"),
and SUNCREST LANDING, LLC, a Florida Limited Liability Company, whose address is 625 Truman
Avenue, Key West, FL 33040 ("Grantee")
(whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives,
and assigns of individuals, and the successors and assigns of corporations, trusts and trustees)
Witnesseth, that said Grantor, for and in consideration of the sum of TEN AND NO1100 DOLLARS
($10.00) and other good and valuable consideration to said grantor in hand paid by said Grantee, the receipt
whereof is hereby acknowledged, has granted, bargained, and sold to the said Grantee, and Grantee's heirs and
assigns forever, the following described land, situate, lying and being in Monroe County, Florida to -wit:
ON THE ISLAND OF STOCK ISLAND AND BEING LOTS NUMBERED 27 AND 28 OF SUN KREST
SUBDIVISION, A SUBDIVISION OF A PART OF GOVERNMENT LOT 1, SECTION 34, TOWNSHIP 67
SOUTH, RANGE 25 EAST, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 107,
OF MONROE COUNTY, FLORIDA PUBLIC RECORDS.
AND ALSO
A PARCEL OF SUBMERGED LAND IN SECTION 35, TOWNSHIP 67 SOUTH, RANGE 25 EAST,
STOCK ISLAND, MONROE COUNTY, FLORIDA, LYING SOUTHERLY OF AND ADJACENT TO LOTS
27 AND 28 OF SUN KREST SUBDIVISION, AS RECORDED IN PLAT BOOK 1, PAGE 107,
PUBLIC RECORDS OF MONROE COUNTY, FLOP-IDA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS: BEGIN AT THE SW CORNER OF SAID LOT 27, SAID SW CORNER BEING AT THE
MEAN HIGH WATER MARK OF COW KEY CHANNEL; THENCE NORTHEASTERLY ALONG SAID
MEAN HIGH WATER MARK TO THE SE CORNER OF SAID LOT 28 OF SUN KREST SUBDIVISION;
THENCE SOUTHEASTERLY ALONG THE EXTENSION OF THE EASTERLY LINE OF SAID LOT 28,
221.0 FEET; THENCE WITH A DEFLECTED ANGLE TO THE RIGHT OF 10111 30' RUN WESTERLY
102.1 FEET, MORE OR LESS, TO THE INTERSECTION WITH SOUTHEASTERLY EXTENSION OF THE
WESTERLY LINE OF SAID LOT 27; THENCE NORTHWESTERLY ALONG SAID SOUTHEASTERLY
EXTENSION 210.0 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. CONTAINING 0.51 OF
AN ACRE, MORE OR LESS.
PARCEL ID# 00132670-000000 Gc 00132680.000000
SUBJECT TO: TAXES FOR THE YEAR 2003 AND SUBSEQUENT YEARS
SUTBJECT TO: LIMITATIONS, CONDITIONS, EASEMENTS, RESTRICTIONS OF RECORD, IF ANY.
STOCK ROCK ENTERPRISES, /MC. ro$UMCRE1rLANAwa LLC
5170 $11MCREST ROAD6 Key Wesr, FL
PACE f of?
Pug #1380076
BK41903 PGO198e
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise
appertaining.
To Have and to Hold, the same in fee simple forever. Doc# 1962037 K/
Skq 2663 Pgq 2021 \,
And the grantor hereby covenants with said grantee that the grantor is lawfullysaid seized
of that the grantor
said land in fee
simple; that the grantor has good right and lawful authority to sell and convey
hereby fully warrants the tide to said land and will defend the same against the lawful claims of all persons
whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31,
2002.
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and Year first above written.
Signed, sealed and delivered in our presence:
Witness # 1 stature
4sP 'nt name r,
'i+�� [Y�/
itness 1st ature
Print name
STATE OF FLORIDA
COUNTY OF MONROE
STOCK ROCK ENTERPRISES, INC.,
a Florida corporation
r 1
By:
chard L. Berard, President, by Richard M.
Klitenick, as attorney -in -fact.
appeared before me, a tiutyautit`m
I HEREBY CERTIFY that on this day personally pp ersonally known tom ,
administer oaths and take acknowledgements, RICHARD M. KL rtion, to n
or who produced as
gERARD under that certain Power of Attorney dated dune
who is the agent of principal, RICHARD L. dged to me that he executed
2003, as the Grantor described in the foregoing Warranty Deed, and he acknowledged
on behalf of the
the same freely and voluntarily for the purposes therein expressed, with all requisite authority
principal, RICHARD L. BERARD► as President of Stock Rock Enterprises, Inc.
n
WITNESS my hand and official seal at Key West, Monroe County, State of Florida, this day
June, 2003.
pF r� y, *!!:f+Ati•: E. SHENMN
i» E*. 12a&03
CC Owl
lV'•�son+My VA M+ ( t OOr 1A.
c'AW rAVV aCS"Smar Ma a #W&W PjW.m,•+v. %fl a.e.aw
hotaryPublic-State of Florida
Commission No. eG
`i orb y
MONROB COUNTY
OFFICIAL RECORDS
STOCK ROCK ENrFRPM1Es, lNc. ro SUNCResr j A"D a, LLC
5170SuHCNESrROAD, KEYWEJr, FL
PACE? oft
Exhibit# 17
SUNCREST LANDINGS, LLC
5176 Suncrest Road
Key West, Florida
LEGAL DESCRIPTION
On the Island of Stock Island and being Lots numbered 27 and 28 of SUN KREST
SUBDIVISION, a subdivision of a part of Government Lot 1, Section 34, Township 67
South, Range 25 East, according to Plat thereof recorded in Plat Book 1, Page 107, of
Monroe County, Florida Public Records.
AND ALSO
A parcel of submerged land in Section 35, Township 67 South, Range 25 East, Stock
Island, Monroe County, Florida, lying southerly of and adjacent to Lots 27 and 28 of SUN
KREST SUBDIVISION, as recorded in Plat Book 1, Page 107, Public Records of
Monroe County, Florida, more particularly described as follows: begin at the SW corner
of said Lot 27, said SW corner being at the mean high water mark of Cow Key Channel;
thence northeasterly along said mean high water mark to the SE corner of said Lot 28 of
SUN KREST SUBDIVISION; thence Southeasterly along the extension of the easterly line
of said Lot 28, 221.0 feet; thence with a deflected angle to the right of 101° 30' run
westerly 102.1 feet, more or less, to the intersection with southeasterly extension of the
westerly line of said Lot 27; thence northwesterly along said southeasterly extension 210.0
feet, more or less, to the point of beginning.
RE and Alternative Key Numbers
RE Numbers Alternative Key Numbers
00132680-000000 1167142
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Exhibit# 18
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Exhibit# 19
County of Monroe
Growth Management Division
Planning & Enviro_gmental Resources
Departnitnt
2798 Overseas Highway, Suite 410
Marathon, FL 33050
Voice: (305) 289-2500
FAX: (305) 289-2536
November 14, 2013
Smith Oropeza, P.L.
Attn: Barton Smith
138-142 Simonton Street
Key West, FL 33040
Board of County Commi ionen
Mayor George Neugent, District 2
Mayor Pro Tern, Heather Carruthers, District 3
Danny L. Kolhage, District t
David Rice, District 4
Sylvia J. Murphy. District 5
Doca 1962037
Bka 2663 P90 2025
RE: LETTER OF DEVELOPMENT RIGHTS DETERMINATION FOR SUNCREST
LANDINGS, LOCATED AT 5176 SUNCREST ROAD, STOCK ISLAND ON
PROPERTY HAVING REAL ESTATE NUMBER 00132680.000000
This letter is in response to your request for a determination as to the number of dwelling units
that were lawfully established and thereby exempt from the Residential Rate of Growth
Ordinance (ROGO) permit allocation system on the above -described premises.
Background Information:
The subject property is located at 5176 Suncrest Road on Stock Island, at approximate mile
marker 5 on the Atlantic Ocean. side US 1. The existing mobile home park on the property is
known as Suricrest Landings.
The property is comprised of one parcel of land. It is legally described as Lots 27 and 28,
Sunkrest (Plat Book 1, Page 107), Stock Island, Monroe County, Florida, with the parcel
currently assessed under real estate (RE) number 00132680.000000.
Note: The aforementioned RE number was expanded by aggregation with other parcels by the
Monroe County Property Appraiser for the 2006 tax roll. Prior to 2006, the property was
assessed under RE #00123460.000000, RE #00132670.000000 (Lot 27) and RE
#00132680.000000 (Lot 28).
The property is located partially within the Mixed Use (MU) Land Use (Zoning) District and
partially within a Native Area (NA) Land Use (Zoning) District. Consistent with the boundaries
of the MU/NA districts, it is within Mixed Use/Commercial (MC) and Residential Conservation
(RC) Future Land Use Map (FLUM) categories. Existing residential development is entirely
within the MU/MC portion of the site. The following aerial photograph shows the boundaries of
the property and the land use districts of the immediate area:
Suncrest, Letter of Development Rights Determination (File #2013-133) Page i of 7
Doe# 1962037
Bk# 2663 Pg# 2026
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Subject Property with Land Use Districts Overlaid(Aerial dated 2012)
A site visit was conducted by Planning& Environmental Resources Department staff on October
21, 2013. During the site visit, staff observed four (4) single-family mobile homes (Units#2, #3,
#4 and #5), one (1) two-family mobile home (Units #6A and #6B) and two (2) recreational
vehicles (RVs) (Units #1 and #7). The unit numbers are shown on the following image, as
observed on the site visit. Note: Unit#7 was observed on the 2013 site visit,but is not visible in
the 2012 aerial.
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Subject Property with Unit Numbers(Aerial dated 2012)
Suncrest,Letter of Development Rights Determination(File#2013-133) Page 2 of 7
Doea 1962037
Bka 2663 Pg# 2027
Residential Dwelling Units:
The applicant asserts that the 8 residential dwelling units are Iawful ly-established and thereby
exempt from the ROGO permit allocation system.
Pursuant to §138-22(1), the ROGO shall not apply to the redevelopment, rehabilitation or
replacement of any lawfully -established residential dwelling unit that does not increase the
number of residential dwelling units above that which existed on the site prior to the
redevelopment, rehabilitation or replacement. Therefore, owners of land containing residential
dwelling units shall be entitled to one unit for each such unit lawfully -established. The planning
director shall review available documents to determine if a body of evidence exists to support the
existence of units on or about July 13, 1992, the effective date of the original ROGO ordinance.
In order to approve an exemption, at least two of the following documents supporting the lawful
existence of the residential dwelling unit or space must be found:
Any issued Monroe County building permits) supporting the existence of the structures) and its
use(s) on or about July 13, 1992:
The following building permits are on file in the Building Department's records:
kE#.00132680:000000
'•
Permit #
Date Issued
Description
A-2152*
03/17/1977
Construct addition to mobile home Unit #2
A-2267*
04/14/1977
Install 150 amp electric service and sub feed nit #?
991-2674
11 /12/ 1999
Replace meter can and riser nit #?
101-5181
08-31-2010
Move electric service(Unit 95
121-1525
4/3/2012
Install sewer connection to 8 trailers
121-4915
12/05/2012
Sewer tie in Unit #3
1214917
12/05/2012
Sewer tie in nit #4
1214920
12/05/2012
Sewer tie in nit #6A
1214927
12/05/2012
Sewer tie in (Unit # 1
1214928
12/05/2012
Sewer tie in nit #5
RE,#OO 1234b0 000000
Cb� ibu�ed' vidi;1i:E. 132680'000000'ii �2006 ` ..... ..wow
Permit #
Date Issued Description
None
-- --
RE#'OO1326X_600000
Combiti� 133680.000000 ihI006+ , � ,_ •.'� ;' ',`" .
Permit #
Date Issued
Descri rion
A-7906
03/02/1981
Install swimming pool
011-3227
09/20/2001
Interior renovations Unit #7
021-3171
07/24/2002
Relocate existing 200 arnp electric service nit #3
* Also on file with RE #00132670.000000
There is not a building permit(s) on file in the Building Department's records for the
construction of the mobile home park and the installation of the original mobile homes.
Suncrest, Letter of Development Rights Determination (File #2013-133) Page 3 of
Doctg 1962037
Bktt 2663 P90 2028
The building permits on file for other improvements support the existence of a mobile home
park. Building Permit #A-2152 approved an addition to a mobile home. Building Permit #011-
3227 renovations to a mobile home. Building Permits #A-2267, #991-2674, #101-5181 and
#021-3171 approved electric work associated with existing mobile homes.
Building Permits # 121-1525, # 121-4915, # 121-4917, # 121-4920, # 121-4927 and # 121-4928
approved sewer work, which included a sewer connection for 8 trailers and 5 lateral tie-ins to the
connection. Concerning the total number of units served by the sewer connection, it should be
noted that wastewater -related building permits were expedited at that time and the Planning
Department did not review such applications to determine if the development served by the
wastewater -related was lawfully established. To clarify this issue, the permit included the
following language THE ISSUANCE OF THIS PERMIT IN NO WAY AUTHORIZES OR
RECOGNIZES A LAWFUL DWELLING UNIT ON THIS PARCEL. SEPARATE
APPROVAL PROCESS IS REQUIRED FOR ESTABLISHING STATUS OF LAWFUL UNIT
(IF APPLICABLE)."
Of importance to the total number of mobile homes in place at the time in which the ROGO was
adopted in 1992, the applications for Building Permits #011-3227 and 021-3171 include copies
of the same survey of the property from 1991 (by Robert E. Reece, P.A.). The survey shows 6
mobile homes, 5 of which were located in the same location/configuration as the single-family
mobile homes and the two-family mobile home observed on the site visit (Units 42, #3, #4, #5,
#6A and #6B). In addition, the sixth mobile home on the survey was located in the same location
as one of the existing RVs observed on the site visit (Unit #1).
Documentation from the Monroe County Property Appraiser's Office indicating residential use
on or about July 13, 1992:
For the parcel currently identified as RE 900132680.000000, the Property Appraiser currently
assesses the parcel under a property classification code of 08 (Multifamily less than 10 units).
Eight residential buildings are currently attributed to the property.
'sei D`aYa`' 201'3
�Mottroe -
Building #
Year Built
a /S uare oota e
#1
1972
RI 648 SF - 12' x 54'
#2
1972
R 1 444 SF - 12' x 37'
#3
1978
R1 480 SF - 12' x 40'
#4
1978
R1 407 SF -11' x 3T
95
1978
Rl 240 SF - 8' x 30'
#6
1972
Rl 472 SF - 12' x 40'
#7
1972
Rl 878 SF - approx. 24' x 40'
#8
1955
R1 189 SF 44' x 18'
Note_ The Buildina
numbers assimed by the Monroe County Property Appraiser do not correspond
with the address numbers, as shown on the image on page 2 of this letter.
** An appraiser note dated 2001 indicates that Building #4 is a "travel trailer" and Building #5 is a "RV"
Suncrest, Letter of Development Rights Determination (File #2013-133) Page 4 of 7
8kp#266320Pg# 2029
Two building permit files (011-3227 and 021-3171) included property record cards for RE
#00132670.000000 (Lot 27) from 2001 and 2002 respectively. Note: Suncrest Landings had
two real estate numbers in the past (00132670.000000 and 00132680.000000). Both the property
record cards show only two mobile homes, which, based on location on Lot 27 and size, appear
to be Units #2 and #3 (Property Appraiser Buildings #6 and #7 on the preceding table). Unit #7
is located on Lot 27 but was not accounted for on the property record cards.
Aerial photographs and original dated photographs showing the structure(s) existed on or about
July 13, 1992:
Aerial photography from January 1984 to 2012 confirms the continuous existence of at least four
structures on the property (Units #2, #3, #4, and #5). Other structures were in existence during
that timeframe, but are not visible due to obstructing vegetation on the site. As a note, aerial
photography can only confirm the number of structures, not the number of dwelling units, in
existence at any given time.
Structure
, .19$4�
y1Q89�
,i-993 ...=r
1999 %
.�2002%''
2QQ6- _
� 7T20()9 x;{
2012�`;;
Unit 1
X
X
X
X
X
Unit 2
X
X
X
X
X
X
X
X
Unit 3
X
X
X
X
X
X
X
X
Unit 4
X
X
X
X
X
X
X
X
Unit 5
X
X
X
X
X
X
X
X
Unit 6
X
X
X
X
X
X
X
Unit 7
Residential county directory entries on or about July 13, 1992:
No residential county directory entries were provided for review.
Renta4 occupancy or lease records, on or about July 13, 1992, indicating the number, type and
term of the rental or occupancy:
No rentai, occupancy or lease records were provided for review.
State and/or County licenses, on or about July 13, 1992, indicating the number and types of
rental units:
No State or county licenses were provided for review.
Documentation from the utility providers indicating the type of service (commercial or
residential) provided and the number of meters in existence on or about July 13, 1992:
Suncrest, Letter of Development Rights Determination (File #2013-133) Page 5 of 7
Doca 1962037
Bice 2663 Pg# 2030
The applicant submitted thirteen electrical connect orders from between 1957 and 1988. A letter
from the Florida Keys Aqueduct Authority was submitted showing 10 accounts were established
between 1950 and 1963. It is unclear as to where these electric and water meters were located.
Note: Water and electric service were likely provided at times earlier than the aforementioned
dates; however records confuming/supporting such were not provided.
Similar supporting documentation not listed above as determined suitable by the planning
director:
Site visits were conducted by Planning & Environmental Resources Department staff on October
15, 2013 and October 21, 2013. Staff observed 5 mobile homes and 2 recreational vehicles, with
one of the mobile homes being a duplex with symmetrical design and each unit having a kitchen,
bathroom and bedroom.
The 1988 Monroe County Mobile Home Study indicates 5 mobile homes were observed on the
property at that time. However, it should be noted that the surveyor's objective was to obtain a
county -wide estimate of mobile homes and recreational vehicles, not necessarily an exact total,
and the surveyor may not have been authorized to enter the private property to get an accurate
account on the subject property.
Lawful Determination:
Based on a review of the records associated with the subject property, the Planning &
Environmental Resources Department has determined that seven (7) permanent residential
dwelling units were lawfully -established on the subject property and their replacement would
thereby be exempt from the ROGO permit allocation system.
In the application, it is asserted that 8 mobile homes (permanent residential dwelling units) were
lawfully established. This total corresponded to the total number of dwelling units observed by
staff during the site visits. But regardless of the existing total, in order to provide a ROGO
exemption for a given dwelling unit, the planning director shall review available documents to
determine if a body of evidence exists to support the lawful existence of the dwelling unit on or
about duly 13, 1992, the effective date of the original ROGO ordinance.
Although there are not any building permits on file for the installation of the existing mobile
homes and recreational vehicles, there is consistent evidence supporting the existence of 7
permanent residential dwelling units (Units #1, #2, #3, #4, #5, #6A and #613). There are at least
two pieces of evidence supporting each of these dwelling units as lawful. However, there is no
documentation on file that supports the existence of Unit #7 in 1992, nonetheless its lawful
existence.
Conversely, the information on file indicates that Unit #7 was recently introduced to the site
without the benefit of a permit. Unit #7 is not shown or identified in the 1991 survey included
with Building Permits #011-3227 and 021-3171, it is not visible in any aerial photographs and it
is not accounted for on past property record cards for Lot 27. Further, RVs have not been
3uncrest, Letter of Development Rights Determination (File #20I3-I33) Page 6 of 7
Docu 1962037
Bka 2663 P90 2031
permitted in the MU district since its inception in 1986. In addition, it is important to note that an
additional RV space could not have been permitted on the site from 1996 to present due the
transient moratorium. Therefore, Staff has found that Unit #7 was not lawfully established and is
thereby not exempt from the ROGO permit allocation system. (Note: records indicate that the
second RV, Unit # 1, was installed prior to 1986].
This letter does not provide any vesting to existing regulations and the replacement dwelling
units and any new accessory structures must be built in compliance with all applicable
regulations of the Monroe County Code and Comprehensive Plan at the time of development
approval. Furthermore, if the exempted development is not replaced, but substantially improved
as defined in the Monroe County Code, such development must be brought into compliance with
all applicable regulations.
You may appeal decisions set forth in this letter. The appeal must be filed with the County
Administrator, 1100 Simonton Street, Gato Building, Key West, FL 33040, within thirty (30)
calendar days from the date of this letter. In addition, please submit a copy of your application to
the Planning Commission Coordinator, Monroe County Planning & Environmental Resources
Department, 2798 Overseas Hwy, Suite 410, Marathon, FL 33050.
We trust that this information is of assistance. If you have any questions regarding the contents
of this letter or if we may further assist you with your project, please feel free to contact our
Marathon office at (305) 289-2500.
iTownsl
incerely, 4
eSc wab, Senior Director of Planning & Environmental Resources
Suncrest, Letter of Development Rights Determination (File #2013-133) Page 7 of 7
Exhibit# 20
Doca 1962037
Bkp 2663 Ag# 2032
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Doc# 1962037
BkO 2663 PgN 2038
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Doca 1962037
Bkp 2663 Pg# 2039
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Exhibit# 21
May 30, 2013
Doc# 1962037
Bkn 2663 Pg# 2040
I hereby authorize Barton W. Smith, Esq._of Smith Oropeza. P.L. be listed as authorized agent
(Name of Agent)
for Summerland Palms Investors, LLC, Oceanside Investors, LLC and Singh Investors, LLC for the
application submittal for
(blame of Property Owner(s) the Applicant(s))
Key (island): Summerland
Real Estate numbers: Summerland Palms Investors, LLC:
00194741-000100
00194741-000200
00194741-000300
00194741-000400
00194741-000500
00194741-000600
00194741-000700
00 19474 1-000800
00194741-000900
00194741-001000
0019474I-001100
00194741-001200
00194741-001400
00194741-001500
00194741-001600
00194741-001700
00194741-001800
00194741-001900
00194741-002000
00194741-002100
00194741-002200
Key (island): Stock Island
Real Estate numbers: Oceanside Investors, LLC
00127420-000000 00127420-000100
This authorization becomes effective on the date this affidavit is notarized and shall remain in effect until
terminated by the undersigned. This authorization acts as a durable power of attorney only for the purposes
stated.
The undersigned understands the liabilities involved in the granting of this agency and accepts full responsibility
(thus holding Monroe County harmless) for any and all of the actions of the agent named, related to the
acquisition of approvals/permits; for the aforementioned applicant.
Note: Authorization is needed from each owner of the subject property. Therefore, one or more authorization
forms must be submitted with the application if there are multiple owners.
Doc# 1962037
BkN 2663 P90 2041
Pro Owners) Signature
/iwan N. Singh, Managing Member
Summerland Palms Investors, LLC,
Oceanside Investors, LLC,
Singh Investors, LLC
;VOTARY:
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this 30th day of MU, 2013.
Jiwan N. Sineh is
personally known produced identification
Type of identification), did / did not take an oath.
Notarygr q�•+a
{gRMM OROPE ZA
_+ MY OOLWWXN f EE 00M
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Doca 1962037
6ka 2663 Pga 2042
September S. 2013
1 hereby authorize Barton W. Smith. Esq. be listed as authorized agents
(Name of Agent)
for Suncrest Landing. LLC for the application submittal for
(Name of Property Owner(s) the Applicant(s))
Property described as S 176 Suncrest Road, South Stock Island, Key West, Florida 33040
Key (island): Stock Island
and [teal Estate number: 00132680-000000.
This authorization becomes effective on the date this affidavit is notarized and shall remain in effect until
terminated by the undersigned. This authorization acts as a durable power of attorney only for the purposes
stated.
The undersigned understands the liabilities involved in the granting of this agency and accepts full responsibility
(thus holding Monroe County harmless) for any and all of the actions of the agent named, related to the
acquisition of approvals/permits for the aforementioned applicant.
Note: Authorization is needed from each owner of the subject property. Therefore, one or more authorization
forms must be submitted with the application if there are multiple owners.
Property Owner(s) Signature
V �21
Sam Holland, as s anager
NOTARY:
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this 9}4111 day of & f4t nber .2015 .
Is personally known produced identification
( Type of Identification), did / did not take an oath.
Notary
GR+WRY0 PEM
4 EE GO59`�
h1YC0:�AISStCN {
PAGE 1 of t 'k' � EXptRES. jjq 1.2014
tea.. #r£ Bonded TMNctrY �� Uiwa
Doc# ISS2037
Bk# 2663 Pg# 2043
September 30, 2013
I hereby authorize Barton W. Smith. Esq_ be listed as authorized agents
(Name of Agent)
for Coco Palms Developers, LLC for the application submittal for
(Name of Property Owner(s) the Applicant(s))
Property described as Lot: 30, Sacarma Plat Book 2-48 of Cudjoe Key
Key (island): Cudjoe Key
and Real Estate number: 00174960-000000.
This authorization becomes effective on the date this affidavit is notarized and shall remain in effect until
terminated by the undersigned. This authorization acts as a durable power of attorney only for the purposes
stated.
The undersigned understands the liabilities involved in the granting of this agency and accepts full responsibility
(thus holding Monroe County harmless) for any and all of the actions of the agent named, related to the
acquisition of approvaWpermits for the aforementioned applicant.
Note: Authorization is needed from each owner of the subject property. Therefore, one or more authorization
forms must be submitted with the application if there are multiple owners.
Property Owner(s) Signature
NOTARY:
STATE OF FLORIDA
COUNTY OF MONROE
.A. -
The foregoing instrument was acknowledged before me this ._30 day of � 20LI.
1h1 Cill..�1Y\ A _ is personally known ��produced identification
i
Type of Identification), did / did not take an oath.
WANYNIO EGARDA
..' '
W COMMSSIM 0 FF 03W
EXPIRES: Jury 7, 2017
oa�a.d n.0 wa.ry was uMen+s�ee:
PAGE 1 OF t
Exhibit# 22
5/30/2013
Pam, Oceanside Resort and Marina
5950 Peninsular Avenue
Key West, Florida 33040
Owner/Develooer: Oceanside Investors, LLC
P.O. Box 2039
Key West, Florida 33045
GENERAL INFORMATION:
Future Land Use Map: MC (Mixed Use Commercial)
Land Use: MU (Mixed Use)
Tier Designation: Tier III
Gross Acres: 19.84 AC
Net Acres: 11.18 AC
Dwelling Units: 78
Hotel Rooms: 5
Restaurant, 3859 SF
Miscellaneous Other: (Lobby/Offices/Marina Storq/Dockmaster
Fitness Center/Bath House/Maintenance/Housekeeping/Watersports: 25400 SF
Wet Slips: 106 Existing Permitted Slips & 8 Existing Slips To 11e Permitted
Parking Required: 262
Parking Provided: 262 (207 Standard, 7 MCP, 48 Scooter)
IMPERVIOUS/PERVIOUS DATA:
UPLAND AREA
Gross Acres
Submerged Acres
Total Upend Acres
L(2T COVERAGE Illy MMUCTUREN
Unit/Hotel
Restaurant/Lobby/Off{tes
Marina Store & Dockmaster
Gate House
Bath House
Maintenance & Fitness Center
Housekeeping
Watersports
Existing boat House
Existing Southern Condos
Total Lot Coveragis By Shveturss
SF
BkN 266320P9 2044
AC
15400 0.35
SF AC
WA,230 19.84
377230 8.66
487,001 11.19
42954
9425
1433
86
1000
1500
1200
540
21924.98
23732.69
10379S.67
LOT QVIRAGE BY ROADS, WALMfiY&&M=
SF
Roads/Parking 118,237.49 SF
118237.49
Pools/Plaza 13S32.79 SF
13532.79
Sidewalks 13,532,63
23769.63
MIsc Concrete (Dumpster Pad, Retaining Wall, & Curbing) 4730.83 SF
4730.84
Land Piers (Existing) 38002.7 SF
38002.7
Total Lot Covot By Roads, Walkways !k Pools 19073.44 SIR (4.552 AC)
190273.3
IMPERVIOUSIPERVIOUS PERCENTAGE
SF
Total Upland Acres
487001
Tatal Impervious Acres
301219
Impervious Percentage of Site
61.85%
Total Open Space Acres
195791.77
Open Space Percentage of Site
38.15%
Open Space Required
20%
REOLMD LANDSCAPE BUFFER YARDS
Major Street Buffer -No Major Streets
Street Tree Requirement- Peninsular Ave 650 LF / 100 7 Trees
MU Abutting URM- Type C 10' Sufferyard
MU Abutting MU- Not Applicable
REQUIRED PA{(KINQ LANDSCAPE
Parking Lot- Class C Parking Lot landscaping
2.38
AC
4.5S
AC
4.26
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CONCEPTUAL SITE PLAN
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OCEANSIDE RESORT 8 MARINA
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MONROE COUNTY, FLORIDA
RESOLUTION NO. 353 -2013
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING A
DEVELOPMENT AGREEMENT BETWEEN AND AMONG
MONROE COUNTY; SUMMERLAND PALMS INVESTORS,
LLC; COCO PALMS DEVELOPERS, LLC; SUNCREST
LANDING, LLC; SINGH INVESTORS, LLC; AND
OCEANSIDE INVESTORS, LLC ALLOWING THE TRANSFER
OF UP TO 46 MARKET -RATE ROGO EXEMPTIONS FROM
MOBILE HOME PARK SITES (SENDER SITES) TO A
PROPERTY ON STOCK ISLAND KNOWN AS OCEANSIDE
(RECEIVER SITE) IN ACCORDANCE WITH MONROE
COUNTY CODE SECTION 130-161.1; REQUIRING THAT
THE UNITS ON THE SENDER SITES SHALL BE
CONVERTED TO, OR REPLACED WITH, AFFORDABLE
HOUSING UNITS, AND CONCEPTUALLY APPROVING THE
REDEVELOPMENT OF THE RECEIVER SITE
WHEREAS, during a regularly scheduled public meeting held on December 11, 2013,
the Monroe County Board of County Commissioners conducted a public hearing to review and
consider a request fled by Attorney Barton W. Smith, on behalf of Summerland Palms Investors,
LLC; Coco Palms Developers, LLC; Suncrest Landing, LLC; Singh Investors, LLC; and
Oceanside Investors, LLC for a Development Agreement (Agreement) in accordance with
Monroe County Code § 110-132, § 110-13 3 and § 130-161.1 and Florida Statutes § 163.3220 et.
seq., the "Florida Local Government Development Agreement Act"; and
WHEREAS, the Agreement allows the transfer of 46 Residential Rate of Growth
Ordinance (ROGO) exemptions — known as Transferable ROGO Exemptions (TRE's) - from
sender sites at 24930 Overseas Highway owned by Summerland Palms Investors, LLC
("Summerland Site") (22 market -rate permanent TRE's); 21535 Old State Road 4A owned by
Coco Palms Developers, LLC ("Cudjoe Site")(17 market -rate permanent TRE's); and 5176
Suncrest Road owned by Suncrest Landing, LLC ("Stock Island Site") (7 market -rate permanent
TRE's) to a receiver site at 5950 and 5970 Peninsular Avenue owned by Oceanside Investors,
LLC ("Oceanside"), in accordance with § 130-161.1 of the Monroe County Code. On the sender
sites, the residential dwelling units from which the transferred market -rate TRE's are derived
shall be converted to, or replaced with, deed -restricted affordable housing; and
Page I of 5 (BOCC Dec. 11. 2013)
Doe# 1962037
Bk# 2963 P9# 2049
WHEREAS, Singh Investors, LLC, is an active Florida limited liability company which
has a purchase agreement to purchase the Stock Island Site Iocated at 5176 Suncrest Road, Stock
Island, Florida, from Suncrest Landing, LLC, an active Florida limited liability company; and.
WHEREAS, the Agreement involves the redevelopment of the receiver site located at
5950 and 5970 Peninsular Avenue, Stock Island, Florida. The site has historically been known as
Key West Oceanside Marina (Oceanside); and
WHEREAS, Oceanside, the receiver site, located at 5950 and 5970 Peninsular Avenue,
Stock Island, is legally described as Block 60, portions of Lots 1, 2 and 3, Block 61, portions of
Lots 1, 2 and 3, the portion of Maloney Avenue lying between Blocks 60 and 61, McDonald's
Plat (Plat Book 1, Page 55), also described as a parcel of land in Sections 26, 34, 35 and 36,
Township 37 South and Range 25 East, having real estate #00127420.000000 and
400127420.000100; and
WHEREAS, the Summerland Site, located at 24930 Overseas Highway, Summerland
Key, is legally described as Lot 55 and a portion of Lot 54, Summerland Yacht Harbor (Plat
Book 2, Page 142), having real estate numbers #00194741.000100, #00194741.000200,
#00194741.000300, #00194741.000400, #00194741.000500, #00194741.000600,
#00194741.000700, #00194741.000800, #00194741.000900, #00194741.001000,
#00194741.001100, #00194741.001200, #00194741.001300, #00194741.001400,
#00194741.001500, #00194741.001600, 400194741.001700, #00194741.001800,
#00194741.001900, 400194741.002000, #00194741.002100 and #00194741.002200; and
WHEREAS, the Cudjoe Site, located at 21585 Old State Road 4A, Cudjoe Key, is
legally described as Lot 30, Sacarma (PIat Book 2, Page 48), having real estate number
00174960.000000; and
WHEREAS, the Stock Island Site, located at 5176 Suncrest Road, Stock Island, is
legally described as Lots 27 and 28, Sun Krest (Plat Book 1, Page 107), having real estate
number 00132680.000000; and
WHEREAS, the Agreement is required as part of an affordable housing incentive
program as set forth in § 130-161.1 of the Monroe County Code; and
WHEREAS, the intent of the program outlined in §130-161.1 is to establish an
appropriate incentive for mobile home park owners to maintain mobile home park sites, mobile
home developments in Urban Residential Mobile Horne (URM) and Urban Residential Mobile
Home Limited (URM-L) districts, and contiguous parcels under common ownership containing
mobile homes where any of the foregoing is presently serving as a primary source of affordable
housing in Monroe County (any of the foregoing being an "eligible sender site") by providing an
alternative development strategy to straightforward market -rate redevelopment; and
WHEREAS, the program outlined in § 130-161.1 allows the transfer of market -rate
ROGO exemptions associated with lawfully established dwelling units now existing at an
Page 2 of 5 (BOCC Dec. 11, 2013)
Doaq 1962037
Bk# 2663 P9# 2050
eligible sender site to be transferred to another site or sites in exchange for maintaining an equal
or greater number of deed -restricted affordable dwelling units within Monroe County: and
WHEREAS, the Agreement also approves a conceptual site plan for development on the
Oceanside site subject to further site plan approval by the Planning Commission; and
WHEREAS, the development agreement approves the addition of 78 residential
dwelling units, which may be used as vacation rentals, up to 5 hotel rooms, a new restaurant, and
other improvements related to the existing marina and accessory development; and
WHEREAS, the Monroe County Planning Commission held a public hearing at its
meeting on November 15, 2013; and
WHEREAS, at the November 15, 2013, public hearing, the Planning Commission
formally requested and recommended:
a. revision to the development agreement to modify affordable housing income types of
the 46 affordable housing units at the sender sites from 100 percent moderate -income to
an approximate combination of 50 percent moderate -income, 25 percent median -income
and 25 percent low-income;
b. to expressly limit the height of all structures to 35 feet or less; and
c. to modify the proposed duration of rent -controlled leases for existing mobile home
residents from five years to seven years; and
WHEREAS, based upon the information and documentation submitted, the Board of
County Commissioners makes the following Findings of Fact:
I. The receiver site, Oceanside, 5950 and 5970 Peninsular Avenue, Stock Island, is
Iocated within a Mixed Use (MU) Land Use (Zoning) District. Further, it is
designated within a Mixed Use / Commercial (MC) category on the Future Land
Use Map (FLUM) and within a Tier III district on the Tier Overlay District Map;
2. The Summerland Site, a sender site, 24930 Overseas Highway, Summerland Key, is
located within an Urban Residential Mobile Home (URM) Land Use (Zoning)
District. Further, it is designated within a Residential High (RH) category on the
Future Land Use Map (FLUM) and within a Tier III district on the Tier Overlay
District Map;
3. The Cudjoe Site, a sender site, 21585 Old State Road 4A, Cudjoe Key, is located
partially within Native Area (NA), Urban Residential Mobile Home (URM) and
Suburban Commercial (SC) Land Use (Zoning) Districts. Further, it is designated
partially within Residential Conservation (RC), Residential High (RH) and Mixed
Use / Commercial (MC) categories on the Future Land Use Map (FLUM) and within
a Tier III district on the Tier Overlay District Map;
4. The Stock Island Site, a sender site, 5176 Suncrest Road, Stock Island, is located
partially within Mixed Use (MU) and Native Area (NA) Land Use (Zoning)
Districts. Further, it is designated partially within Mixed Use / Commercial (MC)
Page 3 of 5 (Bocc Dec. 11. 2013)
DOCU 1962037
SkU 2663 Pga 2051
and Residential Conservation (RC) categories on the Future Land Use Map (FLUM)
and within Tier I or III districts on the Tier Overlay District Map (affordable housing
would be located entirely within the Tier III portion of the site);
5. On July 30, 2013, the development agreement was reviewed by the Development
Review Committee;
6. The Monroe County Planning Commission held a public hearing at its meeting on
November 15, 2013, which was the first of two required public hearings, and
recommended approval to the Board of County Commissioners in Resolution P29-
13;
7. Florida Statutes § 163.3220 authorizes Monroe County to enter into development
agreements with landowners and/or governmental agencies to encourage a stronger
commitment to comprehensive and capital facilities planning, ensure the provision
of adequate public facilities for development, encourage the efficient use of
resources, and reduce the economic cost of development; and
WHEREAS, based upon the information and documentation submitted, the Board of
County Commissioners makes the following Conclusions of Law:
I. The request is consistent with the provisions and intent of the Monroe County Code;
2. The request is consistent with the provisions and intent of the Monroe County Year
2010 Comprehensive Plan;
3. The request is consistent with the provisions and intent of the Lower Keys (MM 14.2
— 29.0) Livable CommuniKeys Plan;
4. The request is consistent with the Master Plan for the Future Development of Stock
Island and Key Haven, also known as the Stock Island/Key Haven CommuniKeys
Plan;
5. The request is consistent with the Principles for Guiding Development in
the Florida Keys Area of Critical State Concern;
6. The development agreement is required as part of an affordable housing incentive
Program as set forth in § 130-161.1 of the Monroe County Code and furthers the
provision of affordable housing in Monroe County;
7. The Agreement, among other things, is intended to and shall constitute a
development agreement among the Parties pursuant to the Florida Local Government
Development Agreement Act, Section 163.3223, et seq., Florida Statutes;
Page 4 of 5 (BocC Dec. 11, 2013)
Dock 1962037
Bkk 2553 Pgk 2052
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the preceding Findings of
Fact and Conclusions of Law support its decision to APPROVE the proposed Development
Agreement between Monroe County; Summerland Palms Investors, LLC; Coco Palms
Developers, LLC; Suncrest Landing, LLC; Singh Investors, LLC; and Oceanside Investors, LLC.
PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS of
Monroe County, Florida, at a regular meeting held on the 1 I TH of December, 2013.
Mayor Sylvia Murphy
Mayor pi-o tem Danny L. Kolhage Yes
Yes
Commissioner Heather Carruthers
Yes
Commissioner George Neugent
Yes
Commissioner David Rice
Yes
BOARD OF COUNTY CnMMTCCTnmPv z
STATE -jr FL ORZiMA
COUNTY t"1'j-)%JF0
Ti,is GJT-,' Tr«� Copy ett s
origin , ��� ^r € =bfl 3f e.1Yitem
+ny is mat' ��, fri�i�ti Saai.
This day at j
A.D., 20
MON OE COUNTY ATTORNEY
AP OVED ASJO F0,
Date;
MONROE COUNTY
OFFICIAL RECORDS
Page 5 Of 5 (13000 Dec. 11, 2013)
r
1 '
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6 MONROE COUNTY, FLORIDA
7 RESOLUTION NO. 158 -2015
8
9 A RESOLUTION BY THE MONROE COUNTY BOARD OF
10 COUNTY COMMISSIONERS APPROVING A SECOND
11 AMENDMENT TO THE DEVELOPMENT AGREEMENT
12 BETWEEN AND AMONG MONROE COUNTY;
13 SUMMERLAND PALMS INVESTORS, LLC; COCO PALMS
14 DEVELOPERS, LLC; SUNCREST LANDING, LLC; SINGH
15 INVESTORS, LLC; STOCK ISLAND HOLDINGS, LLC AND
16 OCEANSIDE INVESTORS, LLC. THE ORIGINAL
17 DEVELOPMENT AGREEMENT WAS APPROVED BY THE
18 BOARD OF COUNTY COMMISSIONERS AT A PUBLIC
19 HEARING ON DECEMBER 11, 2013, AND RECORDED IN
20 THE OFFICIAL RECORDS OF MONROE COUNTY ON
21 DECEMBER 19, 2013. THE FIRST AMENDMENT TO THE
22 DEVELOPMENT AGREEMENT WAS APPROVED BY THE
23 BOARD OF COUNTY COMMISSIONERS AT A PUBLIC
24 HEARING ON DECEMBER 10, 2014, AND RECORED IN THE
25 OFFICIAL RECORDS OF MONROE COUNTY ON
26 DECEMBER 17, 2014.
27
28
29 WHEREAS, during at a public hearing held on June 10, 2015, the Monroe County Board
30 of County Commissioners conducted a public hearing to review and consider a request filed by
31 Attorney Barton W. Smith, on behalf of Summerland Palms Investors, LLC; Coco Palms
32 Developers, LLC; Suncrest Landing, LLC; Singh Investors, LLC; Stock Island Holdings, LLC
33 and Oceanside Investors, LLC for a Development Agreement (Agreement) in accordance with
34 Monroe County Code § 110-132, § 110-133 and § 130-161.1 and Florida Statutes § 163.3220 et.
35 seq., the "Florida Local Government Development Agreement Act"; and
36
37 WHEREAS, the original development agreement was approved by the Board of County
38 Commissioners at a public hearing on December 11, 2013, and recorded in the official records of
39 Monroe County on December 19, 2013; and
40
41 WHEREAS, the first amendment to the development agreement was approved by the
42 Board of County Commissioners at a public hearing on December 10, 2014, and recorded in the
43 official records of Monroe County on December 17, 2014; and
44
45 WHEREAS, the current Agreement allows the transfer of Residential Rate of Growth
46 Ordinance (ROGO) exemptions — known as Transferable ROGO Exemptions (TRE's) - from
Page 1 of 6
I sender sites at 24930 Overseas Highway (22 market -rate permanent TRE's), 21585 Old State
2 Road 4A (17 market -rate permanent TRE's) and 5176 Suncrest Road (7 market -rate permanent
3 TRE's) to a receiver site at 5948, 5950 and 5970 Peninsular Avenue, in accordance with MCC
4 §130-161.1. On the sender sites, the residential dwelling units in which the transferred market-
5 rate permanent TRE's are derived shall be converted to, or replaced with, an equivalent amount
6 of deed -restricted affordable housing; and
7
8 WHEREAS, the Agreement involves the redevelopment of the receiver site located at
9 5950 and 5970 Peninsular Avenue, Stock Island, Florida. The site has historically been known as
10 Key West Oceanside Marina (Oceanside); and
11
12 WHEREAS, the following amendments are proposed to the existing agreement:
13 1. Include an abandoned portion of Peninsular Avenue right-of-way to the premises
14 associated with the Oceanside Marina property (a portion lying between Block 46
15 [east of the center of Lot 32] and Block 60). The abandonment petition was approved
16 by the BOCC on March 18, 2015.
17 2. Amend the acreage of the Oceanside Marina property to reflect the aforementioned
18 requested road abandonment.
19 3. Allow the transfer of one (1) additional THE associated with a permanent residential
20 unit — from a sender site at 5350 3rd Avenue, Stock Island.
21 4. Amend the total number of units allowed at the Oceanside Marina property from up
22 to 78 to up to 79 new, market rate residential dwelling units.
23 5. Amend the total number of deed restriction and affordable ROGO allocations from 46
24 to 47 allocations and 23 to 24 moderate income affordable ROGO allocations.
25 6. Amend the conceptual site plan approved of the existing agreement to a) include the
26 aforementioned requested road abandonment; b) to modify the buildings to
27 accommodate 79 market rate residential dwelling units
28
29 WHEREAS, Stock Island the receiver site, located at 5948, 5950 and 5970 Peninsular
30 Avenue, Stock Island, is legally described as Block 46, Lots 30, 31 and % Lot 32, Block 60,
31 portions of Lots 1, 2 and 3, Block 61, portions of Lots 1, 2 and 3, the abandoned portion of
32 Peninsular Avenue lying between Block 46 and Block 60, the portion of Maloney Avenue lying
33 between Blocks 60 and 61, McDonald's Plat, also known as Maloney Subdivision (Plat Book 1,
34 Page 55), also described as a parcel of land in Sections 26, 34, 35 and 36, Township 37 South
35 and Range 25 East, having real estate #00126210.000000, #00126220.000000,
36 #00126230.000000, #00127420.000000 and #00127420.000100; and
37
38 WHEREAS, the Summerland Key sender site, located at 24930 Overseas Highway,
39 Summerland Key, is legally described as Lot 55 and a portion of Lot 54, Summerland Yacht
40 Harbor (Plat Book 2, Page 142), having real estate numbers #00194741.000100,
41 #00194741.000200, #00194741.000300, #00194741.000400, #00194741.000500,
42 #00194741.000600, #00194741.000700, #00194741.000800, #00194741.000900,
43 #00194741.001000, #00194741.001100, #00194741.001200, #00194741.001300,
44 #00194741.001400, #00194741.001500, #00194741.001600, #00194741.001700,
45 #00194741.001800, #00194741.001900, #00194741.002000, #00194741.002100 and
46 #00194741.002200; and
Page 2 of 6
I WHEREAS, the Cudjoe Key sender site, located at 21585 Old State Road 4A, Cudjoe
2 Key, is legally described as Lot 30, Sacarma (Plat Book 2, Page 48), having real estate number
3 00174960.000000; and
4
5 WHEREAS, the Stock Island sender site, located at 5176 Suncrest Road, Stock Island, is
6 legally described as Lots 27 and 28, Sun Krest (Plat Book 1, Page 107), having real estate
7 number 00132680.000000; and
8
9 WHEREAS, the Stock Island sender site, located at 5350 3`d Avenue, Stock Island, is
10 legally described as Lots 19, 20, 21, 22 and 23, Block 53, McDonald's Plat, also known as
11 Maloney Subdivision (Plat Book 1, Page 55), having real estate number 00126770.000000
12
13 WHEREAS, the Agreement is required as part of an affordable housing incentive
14 program as set forth in § 130-161.1 of the Monroe County Code; and
15
16 WHEREAS, the intent of the program outlined in §130-161.1 is to establish an
17 appropriate incentive for mobile home park owners to maintain mobile home park sites, mobile
18 home developments in Urban Residential Mobile Home (URM) and Urban Residential Mobile
19 Home Limited (URM-L) districts, and contiguous parcels under common ownership containing
20 mobile homes where any of the foregoing is presently serving as a primary source of affordable
21 housing in Monroe County (any of the foregoing being an "eligible sender site") by providing an
22 alternative development strategy to straightforward market -rate redevelopment; and
23
24 WHEREAS, the program outlined in §130-161.1 allows the transfer of market -rate
25 ROGO exemptions associated with lawfully established dwelling units (mobile homes) now
26 existing at an eligible sender site to be transferred to another site or sites in exchange for
27 maintaining an equal or greater number of deed -restricted affordable dwelling units within
28 Monroe County; and
29
30 WHEREAS, the Monroe County Planning Commission held a public hearing at its
31 meeting on April 29, 2015, which was the first of two required public hearings; and
32
33 WHEREAS, at the April 29, 2015, public hearing, the Planning Commission
34 recommended approval but did not provide a specific recommendation on the affordable income
35 (median vs. moderate) for the one (1) additional affordable deed -restricted unit; and
36
37 WHEREAS, based upon the information and documentation submitted, the Board of
38 County Commissioners makes the following Findings of Fact:
39
40 1. The receiver site, commonly known as Oceanside Marina, 5948, 5950 and 5970
41 Peninsular Avenue, Stock Island, is located within a Mixed Use (MU) Land Use
42 (Zoning) District. Further, it is designated within a Mixed Use / Commercial (MC)
43 category on the Future Land Use Map (FLUM) and within a Tier III district on the
44 Tier Overlay District Map;
45
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2. The Summerland sender site, 24930 Overseas Highway, Summerland Key, is located
within an Urban Residential Mobile Home (URM) Land Use (Zoning) District.
Further, it is designated within a Residential High (RH) category on the Future Land
Use Map (FLUM) and within a Tier III district on the Tier Overlay District Map;
3. The Cudjoe sender site, 21585 Old State Road 4A, Cudjoe Key, is located partially
within Native Area (NA), Urban Residential Mobile Home (URM) and Suburban
Commercial (SC) Land Use (Zoning) Districts. Further, it is designated partially
within Residential Conservation (RC), Residential High (RH) and Mixed Use /
Commercial (MC) categories on the Future Land Use Map (FLUM) and within a
Tier III district on the Tier Overlay District Map;
4. The Stock Island sender site, 5176 Suncrest Road, Stock Island, is located partially
within Mixed Use (MU) and Native Area (NA) Land Use (Zoning) Districts.
Further, it is designated partially within Mixed Use / Commercial (MC) and
Residential Conservation (RC) categories on the Future Land Use Map (FLUM) and
within Tier I or III districts on the Tier Overlay District Map (affordable housing
would be located entirely within the Tier III portion of the site);
5. The Stock Island sender site, 5350 3`d Avenue, Stock Island, is located within a
Mixed Use (MU) Land Use (Zoning) District. Further, it is designated within a
Mixed Use / Commercial (MC) category on the Future Land Use Map (FLUM) and
within a Tier III district on the Tier Overlay District Map;
6. On July 30, 2013, the original development agreement was reviewed by the
Development Review Committee;
7. The Monroe County Planning Commission held a public hearing at its meeting on
November 15, 2013, which was the first of two required public hearings, and
recommended approval of the original development agreement to the Board of
County Commissioners in Resolution P29-13;
8. On August 26, 2014, the first amendment to the development agreement was
reviewed by the Development Review Committee;
9. On November 19, 2014, the Monroe County Planning Commission held a public
hearing and recommended approval to the Board of County Commissioners of the
amended development agreement, as memorialized in Planning Commission
Resolution 4P40-14;
10. On February 24, 2015, the second amendment to the development agreement was
reviewed by the Development Review Committee;
11. On April 29, 2015, the Monroe County Planning Commission held a public hearing
and recommend approval to the Board of County Commissioners of the second
amendment to the development agreement;
Page 4 of 6
1 12. Florida Statutes § 163.3220 authorizes Monroe County to enter into development
2 agreements with landowners and/or governmental agencies to encourage a stronger
3 commitment to comprehensive and capital facilities planning, ensure the provision
4 of adequate public facilities for development, encourage the efficient use of
5 resources, and reduce the economic cost of development; and
6
7 WHEREAS, based upon the information and documentation submitted, the Board of
8 County Commissioners makes the following Conclusions of Law:
9
10 1. The request is consistent with the provisions and intent of the Monroe County Code;
11
12 2. The request is consistent with the provisions and intent of the Monroe County Year
13 2010 Comprehensive Plan;
14
15 3. The request is consistent with the provisions and intent of the Lower Keys (MM 14.2
16 — 29.0) Livable CommuniKeys Plan;
17
18 4. The request is consistent with the Master Plan for the Future Development of Stock
19 Island and Key Haven, also known as the Stock Island/Key Haven CommuniKeys
20 Plan;
21
22 5. The request is consistent with the Principles for Guiding Development in the Florida
23 Keys Area of Critical State Concern;
24
25 6. The development agreement is required as part of an affordable housing incentive
26 program as set forth in §130-161.1 of the Monroe County Code and furthers the
27 provision of affordable housing in Monroe County;
28
29 7. The Agreement, among other things, is intended to and shall constitute a development
30 agreement among the Parties pursuant to the Florida Local Government Development
31 Agreement Act, Section 163.3223, et seq., Florida Statutes;
32
33 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
34 COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the preceding Findings of
35 Fact and Conclusions of Law support its decision to APPROVE the Second Amendment to the
36 Development Agreement.
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Page 5 of 6
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PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS of
Monroe County, Florida, at a regular meeting held on the 1 OTH of June, 2015.
Deputy
Mayor Danny L. Kohlage
Mayor pro tem Heather Carruthers
Commissioner Sylvia Murphy
Commissioner George Neugent
Commissioner David Rice
Yes
Yes
Yes
Yes
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY_, FLORIDA
BY: T
Mayor D y Lkohlage
HEAVILIN, CLERK
MONROE COUNTY ATTORNEY
AI,ROVEI7 W FORM:
STEVENNN T. WILLIAMS
ASSISTANT CO NTY ATTORNEY
Date
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