1st Amendment 12/10/2014FIRST 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:
The Parties hereby agree as follows:
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.
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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 V
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 1 /s 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 'h 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 116 -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.
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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 /z 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 1 /z 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 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 the said West 1 /z 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 1 /z 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
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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 DRP'), 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. As a 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.
H. 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.
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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 st-me thr -ough
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 lnyes*^f:°, Suncrest and Oceanside
Investors have authorized Bat4en W. Smith, Esq. Pritam Singh to execute this Agreement on
their behalf. A-eepy of Suffffnedand Palms Singh Investefs, -SunEres d OeeaaSide lfiVestteffi'
ageney „+t,,,..:,atiO., i .,**. h e at E..t ibi �
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.I.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, aeeofding except as provided by Monroe County Code, as amended.
For purposes of determination of grade of the Oceanside Property, grade 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:
6�
a. The Oceanside Property consists of 19.84 20.06 gross acres consisting of 11. 18 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 Summerland 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, Singh Inves 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
permitted to develop on the Oceanside Property, the Hawk's Cay Vested
Development Rights, consisting of twelve (12) bedrooms and twelve (12) bathrooms
fg_ 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:
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.
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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
attached to this Agreement as Exhibit 29 which shall be open to the public free of
charge from 7:00 a.m. to dusk three hundred sixty -five (365) days per year.
_Oceanside Investors may 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 daylight hours is restricted. This condition shall survive the expiration of
the Agreement.
K
5. Section II1.1 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 - (Wseventeen (17) hotel rooms. Pursuant
to this Agreement, Oceanside Investors will be required to obtain a total of one -hundr-ed sixty
one 4 ne 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
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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 III.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 X 29, and supersedes the
previously accepted conceptual site plan which was attached to the Development Agreement 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 h 11:3
Pd a nd er- l A gFe ment is meeived by th Fi ,a D f t r o f C ommun it y
Affairs puFsuant e- GhapteF 390, Fierida Statutes, —and if appealed, until the appealed is
resoWed January 22, 2014
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[REMAINDER OF PAGE INTENTIONALLY BLANK. SIGNATURE PAGES TO
FOLLOW.]
IN WITNESS WHEREOF, the Parties hereto have set their hands and seals on the day and year
below written.
Summerland Palms Investors. LLC
Title: f?/l4� ' w—
Date:
Suncrest Investors LLC
Title: Al G�
Date: /- Z� / y
Oceanside Investors, LLC
By
Title: Al G /
Date: A
Coco Palms Deve
Title:
Date:
State of
County of
10
The foregoing instrument was acknowledged before me on this t'0 day of
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 did not eke an oath.
Monroe County
....
p`
MAYRA TEZANOS U
°�':
Notary Public State c. Florida
•,
My Comm. Expires May 19, 2016
•
Commission #f EE 168590
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Bonded ThrouGh.N7tional Notar s
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Commissioners
Date
ATTEST: AM
DEPUTY
HEAVILIN, CLERK
Board of County
MAYOR DANNY L. KOLHAGE
M NROE COUNTY ATTORNEY
R VED A O, FORM:
.L'i
STEVEN T. WILLIAMS
ASSISTAN C LINTY ATTORNEY
Date Z2 1, /4.
11
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
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, #00194741.000500, #00194741.000600,
#00194741.000700, #00194741.000800, #00194741.000900, #00194741.001000,
#00194741.001100, #00194741.001200, #00194741.001300, #00194741.001400,
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#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
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;
Page 4 of 5
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 10 of December, 2014.
Mayor Danny L. Kolhage
Mayor pro tem Heather Carruthers
Commissioner Sylvia Murphy
Commissioner George Neugent
Commissioner David Rice
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BOARD OF COUNTY COMMISSIONERS
OF ONROE COUNT ORID�' :x .. cn
BY:
a anny olhage
(SEAL)
ATTEST. AMY HEAVILIN, CLERK
MO ROE COUNTY ATT(>%
Deputy C lerk T�oRM'
STEVEN T
ASSISTANT JCOt4NTY ATTORNr'
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Page 5 of 5
Prepared by and return to
Gregory S. Oropeze, 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.: �
Parcel Identification No. 00132680 - 000000
Doelt 1968963 02/14/2014 3.28P11
FMONROE R ecorded
COUNTY iRMY Of
WAVILIN of
$14/2814 3: 28PM
EED DOC STAMP CL: Krys $5,2
DocN 1868963
BkN 2671 P9N 849
[ Space Above This Line For Recbrding Data]
Warranty Deed
(STATVrORY FORM - SECTION 689.02, F.S.)
This Indenture made this 14th day of February, 2014 between Suncrest 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 1100 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 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.
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 24 DoubleTimee
DocN 1968963
Oka 2871 Pon 850
Signed, sealed and delivered in our presence:
� � •IF►�iTi1�'!11•l
� 1 111 }�� ��� - ► �1/ ��
Suncrest Landing, C
r
By:
Walter S. Holland, Jr., Managing ember
By:
Berta Holland, Managing Member
(Corporate Seal)
State of Florida
County of Monroe
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 [X] have produced a driver's license as identification,
[Notary Seal]
cWE BWssioN RROPUAoo6o5s
F lbfu N S Ju jk? r
gydedTha NoW'1
Notary Public
Printed Name:
My Commission Expires:
MONROE COUNTY
OFFICIAL RECORDS
Warranty Deed (Siamtory Form) - Page 2 Exhibit 24 DouWeTlmae
DocM 1992171 07/29/2014 3 :53PM
F MONROE COUNTY j AM Official ords of
LIN
Petitioner: Oceanside Investors, LLC
Doop 1992171
Bku 2696 P9" 693
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 '/4 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 Jute 30, 2013
061914
Exhibit 25
Doep 1992171
8kq 2696 P9N 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
COUMSSIONERS 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 !h 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 21 5.00 feet more or less to the
Southerly extension of the East line of the said West 1 h 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 34 of June, 2014.
BOCC June 30, 2013
061914
Exhibit 25
Doeti 1992171
Bk# 2696 pqN 897
Mayor Sylvia Murphy Yes
Mayor pro tem Danny L. Kohlage No
Commissioner Heather Carruthers Yes
Commissioner George Neugent Yes
Commissioner David Rice Abstaine
BOARD OF COUNTY COMMSIONERS
OF MONROE COUNTY ORIDA
, or ylvia Aurphy
Approved as to Form and Legal Sufficiency
,i�� C- �f a �"
Assistant County Att ey
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BOCC June 30.2013
061914
A
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STATE OF p'LOa1DA
COUNTY OF MONROE
Y'hb Copy is a True Copy of th1
original en Fite in thb Office. WitOm
my hand and ()mclat Seal.
Thp ot —M-Li j —
A-D., 20
AMY HEA JILIN
r 2m=
Exhibit 25 6
DocN 1992171
61kp 2696 PgN 898
STATE OF FLORIDA
COUNTY OF MONROE
Cooke Communications, LLC
Florida Keys
PO Box 1800 Before the undersigned authority personally appeared Tommy Todd, who on
Key West F133041 oath says that he is Advertising Director of the Key West Citizen, a daily
Office .... 305 -292 -7777 newspaper published in Key West, in Monroe County, Florida; that the
Extension... x219 attached copy of advertisement, being a legal notice in the matter of
Fax ....... 305 -295 -8025
Ienals _kevsnews.com No TI C IL tl " din �, y� e- D 1 t,• �i d•A)
INTERNET PUBLISHING
key
�.�.NCVM C � y �1
- �AJ G V +tUC
keysnews.com
.T
florkiskeys.com
key- west.com
was published in said newspaper in the issue(s) of
Web Design Services
I d 1
J
NEWSPAPERS
The Citizen
Southernmost Flyer
Affiant further says that the Key West Citizen is a newspaper published in
Florida Keys Free Press
Key West, in said Monroe County, Florida and that the said newspaper has
MARKETING SERVICES
heretofore been continuously published in said Monroe County, Florida every
Commercial Printing
Direct Mail
d and has been entered as second -class mail matter at the y
office In Ke
West,
West, in said Monroe County, Florida, for a period of 1 year next preceding
FLORIDA KEYS OFFICES
Printing 1 Main Facility
the first publication of the attached copy of advertisement; and affiant further
3420 Northside Drive
says that he has neither paid nor promised any person, firm or corporation any
Key West, FL
33040 -1800
discount rebate COmmissio r the PP4 g this
Tel 305.292 -77n
advertisement for publication in the said news per
Fax 305 - 2940768
cituene-kevweet.cnie
intemet Division
Tel 305- 292 -1880
Fax 305-294-1699
a of Affi t
salesQkeywest.com
Upper Keys omt:o Sworn and subscribed before me this da of V 1' 2014
81731 Overseas Hwy y
Tavernier, FL 33070
Tel 305- 853.7277
Fax 305$53-0555
freepress @floridakeys.com Notary Public: DAWN KAWZINSKY
NOTARY PUBLIC
STATE OF FLORIDA
` Comm# EE157233
Y\, .'�.,j t,�+11 L, ). Expires 1/4/2016
Dawn Kawzinsky
Expires: 114116 Notary Seal
Personally Known x Produced Identification
Type of Identification Produced
Exhibit 25
pDaoM 1882171
6RM 2686 PON 688
NOTICE of �onwnoN of
BE6CL11IICN
NOTICII OF ADOPTION OF
RESOLUTION RENOUNCING
AND DISCLAIMING ANY
RIGHT OFTHE COUNTY OF
MON10 MD'7EPDXW
IN ANDTO A CERTAIN
STREET AS DEUNEATED ON
A CERTAN RECORDED
PLAT.
NOTICE IS HEREBY OMEN,
purwaud lo Chapter 998,
Floddi Shhdn, that the Board
of wrdw jrGmmhtlarrrs of
Mons My t Florida, st a
meefinp held on June 90, 2014
duly adopted Raoludw No.
11 11-2014, rerrousrokq and
dlecWming amt M of the
County of M oo and the
oft in and to the Uav*q
dewdbed atrseh alley -ways,
roads or hWwMs a
delk WW on the herekulter
described map or plot, to wb:
• PenImad ►AYenWr ng
bdwan Btedt 46 and 60,
South at Lola 30. 31 & the
West 112 of Lot 92, In Square
46, according to Maloney's
sufaaxhbn of a part of Stock
Nand, Monroe County,
Fkwkf%asre I In Pte
P= soak 1, Page 6i, of the
Aeeards of Moms
Count%rt*eA* and Ming
more particularly daulbed
as follow=-
Commence ot the South"
cones at Lot s6 at odd pis,
there West rang the North
Rfght�of4 fors of
Peninsular Ave. for a
dlilanoa of 176.00 feet 10 the
Southeast comer of to said
Wed 1/2 of Lot S& and the
Point d segbutkrg; fhanaa
continua Wad along thi aid
North RIa".wW flns of
dhbna of 11
or lass to
share"" 0
for a
Ilia
• err �,.vr�•
drtwos ot 216A0 Mal mars
or Isla to the soutMHy
extension dew Imam of
,Ah@WUWed SR of Lot 32;
for a dhlenos to go
Rlg ivivW u odd North
Peninsular Ave, and do Point
allsolph"I p. Conwaing
12,33 oo square feet, "rots
or has.'
Dated at MarWkork, Florida, he
2nd Day of J* 2014.
AMY HEAYIUN, Clark of the
Oka" Coal and as oMdo
Clark of to Board of County
Commlasiarko of Mona
Cour t Rorkla
JOY 7, 2D14
Kay Wet Chinn
NONROE COUNTY
OFFICIAL RECORDS
Exhibit 25
Warranty Deed
This Warranty Deed made this 28th day of November, 2006 between Melodye Roger a/We Melody Roger, a single
woman whose post office address is 100 Bay Drive, Key West, FL 33040, grantor, and Monroe County, a political
subdivision of the State of Florida whose post office address is 1100 Simonton Street, Key West, FL 33040, graatee:
(Whenever used herein site terms 'grantor' and 'grantee Include all the parties to this Instrument and the heir, least representatives. and assigns of
individuals, and the successors and saeipu of corpomdons, trots and wsucs)
Witnesseth that said grantor, for and in consideration of the sum of TEN AND NO1100 DOLLARS ($10.00) ad 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:
Lots 30, 31 and the Wert 1/2 or Lot 32, In Square 46, according to Maloaey's subdivision of a pan of
Stock Island, Monroe County, Florida, as recorded In Plat Book 1, Page 55, of the Public Records of
Monroe County, Florida.
Parcel Identifleadoa Number: 00126230 -000000; 00126220. 000000; 00 1262 10-000000
Together with all the tenements, herediaments 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 lawf idly seized of said land in fee simple; that the
grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fblly warrants the title to said
land and will defend the same against the lawBtl claims of all persons whormocver; and that said land is free of all
encumbrances, except taxes accruing subsequent to December 31, 2005.
In Witness Whereof, grantor has hereunto set grantors hand and seal the day and year first above written.
Sr � , and dolivoM inqur presence: t
,(d.0 17 (.q � cal) -- — -
Witn , odye Roger
s r n
Witness : MRSO
State of Florida
County of Monroe
The foregoing instrument was acknowledged before me this 28th day of November, 2006 by Melodye Roger, who U is
personally known or [XJ has produced a drivers license as identification.
[Notary Seal] Notary Public
Mary E. Turco Printed Name: E. �RSD
• . 111
Ex # DD3 ]2009
Expires MarCFt 30, My Commission Expires:
Q
MoNROE COUNTY
OFFICIAL RECORDS
DoubleTims•
Exhibit 26
Door 1615450
11/30/2006 4 :13FIt
/itad a necerdad in ofrlalal Mroards e1
P=ared by and return to
MONROE COUNTY
DANNY L. KOLIIAGE
Erica N. Hughee-Sterling
Attorney at Law
1 1/30/2aaa 4:13PM
Spottswood Spottswood & Spottswood
DEED DOC STAMP CL: Py
$21,873.40
500 Fleming Street
Key West, FL 33040
305 - 294.9556
File Number: 06
Doer 1615450
0kn 2265 PSM 1923
! Space Above This Line For Recording Dotal_
Warranty Deed
This Warranty Deed made this 28th day of November, 2006 between Melodye Roger a/We Melody Roger, a single
woman whose post office address is 100 Bay Drive, Key West, FL 33040, grantor, and Monroe County, a political
subdivision of the State of Florida whose post office address is 1100 Simonton Street, Key West, FL 33040, graatee:
(Whenever used herein site terms 'grantor' and 'grantee Include all the parties to this Instrument and the heir, least representatives. and assigns of
individuals, and the successors and saeipu of corpomdons, trots and wsucs)
Witnesseth that said grantor, for and in consideration of the sum of TEN AND NO1100 DOLLARS ($10.00) ad 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:
Lots 30, 31 and the Wert 1/2 or Lot 32, In Square 46, according to Maloaey's subdivision of a pan of
Stock Island, Monroe County, Florida, as recorded In Plat Book 1, Page 55, of the Public Records of
Monroe County, Florida.
Parcel Identifleadoa Number: 00126230 -000000; 00126220. 000000; 00 1262 10-000000
Together with all the tenements, herediaments 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 lawf idly seized of said land in fee simple; that the
grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fblly warrants the title to said
land and will defend the same against the lawBtl claims of all persons whormocver; and that said land is free of all
encumbrances, except taxes accruing subsequent to December 31, 2005.
In Witness Whereof, grantor has hereunto set grantors hand and seal the day and year first above written.
Sr � , and dolivoM inqur presence: t
,(d.0 17 (.q � cal) -- — -
Witn , odye Roger
s r n
Witness : MRSO
State of Florida
County of Monroe
The foregoing instrument was acknowledged before me this 28th day of November, 2006 by Melodye Roger, who U is
personally known or [XJ has produced a drivers license as identification.
[Notary Seal] Notary Public
Mary E. Turco Printed Name: E. �RSD
• . 111
Ex # DD3 ]2009
Expires MarCFt 30, My Commission Expires:
Q
MoNROE COUNTY
OFFICIAL RECORDS
DoubleTims•
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