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Resolution 155-2015i :4 Door# 2041980 08/17/201 9:19 M Filed & Recorded in Official Records of MONROE COUNTY AMY HEAV I L I N RESOLUTION BY THE MONROE COUNTY BOARD of COUNTY COMMISSIONERS APPROVING DEVELOPMENT AGREEMENT BETWEEN MONROE COUNTY, FLORIDA; ROGER BERNSTEIN., AS TRUSTEE of THE BENJIIN BERNTEIN TRUST B ; AND SAFE HARBOR SEAFOOD (AS SUCCESSOR IN INTEREST To JOSEPH R. RACKMAN AND JEFFREY W. BOLOTIN, AS TRUSTEES of THE ISLAND TRUST AGREEMENT DATED MARCH 10, 199, CONCEPTUALLY APPROVING THE REDEVELOPMENT of PROPERTY LOCATED AT 500 FOURTH AVENUE, 5550 FIFTH AVENUE AND 6500 FRONT STREET, STOCK ISLAND, APPROXtMATE MILE MARKER , LEGALLY DESCRIBED AS A PORTION of BLOCK 55, ALL of BLOCK 5, AND A PORTION (LOT 13) of BLOCK 57, THE VACATED PORTION of FIFTH AVENUE PER RESOLUTION #28-1966, MALONEY SUBDIVISION (ALSO KNOWN AS 1 I DON Li ' S PLAT), PLAT Boob 1, PACE 55, AND ADJACENT BAY BOTTOM, STOCK ISLAND, MONROE COUNTY, FLORIDA, AND HAVING REAL ESTATE RE NUMBERS 00123600.0001K 00123770.0000001 0 12 250- 000001 00127280.0000W 00127290.000000 AND 00127380.000000. WHEREAS, during a public meeting held on .tune 10, 2015 the Monroe County Board of County Commissioners conducted a public hearing to review and consider a request filed by Attorney Barton V. Smith, on behalf of Roger Bernstein, as Trustee of the Benjamin Bernstein Trust B; and Safe Harbor Seafood as successor in interest to Joseph I . Rackman and Jeffrey W. Bolotin, as Trustees of the Island Trust Agreement dated March 10, 1989), for a development agreement in accordance with § 11 - 132 and § 110-1 3 of the Monroe County Code and Florida Statutes Sec. 163.3220 et. s{., the "FloridaLocal Government Development Agreement Act"; and WHEREAS, the development agreement relates to the redevelopment of the subject property to include marina uses, heavy and light industrial uses lnclud'ng boat building repair and storage), commercial fishing uses (including the manufacture, assembly, repair, maintenance and storage of traps, nets and other fishing equipment), hotel uses, commercial retail uses (including a restaurant with up to 150 seats and a market), and accessory uses. The residential Page I of DocN 2041980 BkN 2756 PgU 1024 density, under maximum net density, would not exceed 122 transient residential units in the form of hotel rooms); and WHEREAS, not including accessory structures related to the transient residential uses, the nonresidential floor area would not exceed 14,000 square feet. At least 35 percent of the upland area of the properties shall be reserved for working waterfront and water dependent uses. At least 20 percent of the dockage shall be reserved for commercial fishing vessels. new residential or nonresidential buildings shall not exceed 35 feet in height; and WHEREAS, public access will be permitted to the Bernstein Property from 7:00 a.m. until dusk and the Bernstein Property is subject to a 10 foot public access walkway along the shoreline and 5 foot sidewalk along the perimeter compliant with County Code; and WHEREAS, the Safe Harbor Seafood Property 1s currently used for commercial fishing uses and after consideration of the security and physical constraints of the parcel, the Monroe County BO C has determined a public access walkway shall not be required on the Safe Harbor Seafood Property so long as it is used 1 0% for commercial fishing uses; and WHEREAS, the development agreement establishes specific timeframes to ensure the subject properties are brought into compliance with County Codes to protect the public health, safety and welfare; and WHEREAS, the development agreement involves the redevelopment of the site, located at 5700 Fourth Avenue, 5550 Fifth Avenue and 6500 Front Street, Stock Island, Florida, approximate mile marker 5 of the Overseas Highway (US 1); and WHEREAS, the site is legally described as a portion of Black 55, all of Block 56, and a Portion (Lot 1 of Block 57, the vacated portion of Fifth Avenue per Resolution olution #28-1966, Maloney subdivision (also known as McDonald's Plat), Plat Book 1, Page 55, and adjacent bay bottom, having real Estate (ICE) Lumbers 012 0 .00010 , 00123770.0000009 0012 250.000000, 001272 0.000000, 00127290.000000 and 00127 0.00 000; and WHEREAS, based upon the information and documentation submitted, the Board of County Commissioners mares the following Findings of Fact: 1. The subject property is located within a Maritime Industries MI Land Use (Zoning) District.. Further, it is designated within a Mixed Use Commercial M category on the Future Land Use Map FLUM and within a Tier III district on the Tier Overlay District Map; and 2. In 2013, an amendment to the Monroe County Future Land Use Map was approved amending the future land use designation of the subject property from Industrial 1 to Mixed Use/Commercial (MC). The approval is memorialized by Ordinance #0 5- 201 , approved by the Board of County Commissioners at a public hearing on December 11, 201 ; and Page 2 of 4 Doc## 2041980 BI B# 2756 P9U 1025 3. Section 1 3.3220, Florida Statutes, authorizes Monroe County to eater 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 east of development; and . The development agreement, among other things, is intended to and skull constitute development agreement among the Parties pursuant to the Florida Local Government Development Agreement Act, Section 163.3223., et seq ., Florida Statutes; and . Development shall not be inconsistent with the Monroe County Code; and b. Development shall not be inconsistent with the Monroe County Comprehensive Plan; and 7. Development on Stock Island shall not be inconsistent with the Master Plan for the Future Development of Stock Island and Key Haven, also known as the Stock Island/Key Haven CommuniKeys Plan; and . Development shall not be inconsistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; and . The Monroe County Planning Commission held a public hearing at its meeting on October 29, 2014, which was the first of two required public hearings, and recommended approval to the -Board of County Commissioners; and WHEREAS, based upon the information and documentation submitted, the Board of County Commissioners males the following Conclusions of Law: 1. The request is consistent with the provisions and intent of the Monroe County Code; . The request is consistent with the provisions and intent of the Monroe County Year 2010 Comprehensive Plan; 3. The request is consistent with the Master Plan for the Future Development of Stock Island and Key Haven, also known n as the Stock Island Key Haven Communi ey Plan; . The request is consistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; . The Agreement, among other things, is intended to and shall constitute a development agreement among the Parties pursuant to the Florida Local Government Development elopment Agreement Act, Section 13.3223, et seq., Florida Statutes; Page 3 of 4 DocH 2041980 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF M NR E COUNTY9 FLORIDA, that the preceding Findings of Fact and Conclusions of Law support its decision to APPROVE the Development Agreement attached hereto. PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS o Monroe County, Florida, at a regular meeting held on the 11n of June, 201. Mayor Danny L. I olhage YES Mayor pro tem Heather Carruthers YES Commissioner Sylvia Murphy NO Commissioner Gorge Neugent YES Commissioner David Rice YES BOARD of COUNTY COMMISSIONERS ' F MONRO COUNTY, FLORID .8 9,3 BY: • M or Danny L. olhage • `AMY HE VILI , CLERK NR E COUNTY ATTORNEY A A FIROVED ASITV F ' ORM: Deputy Cldk Lix STEVEN T. WILLIAMS ASSISTANT ATTORNEY Date C '- ' ' + Page 4 of 4 Dace# 2041980 BkH 2756 PqN 1027 1 2 4 DEVELOPMENT AGREEMENT 5 THI DEVELOPMENT AGR EEMENT ("Agreement") is entered into on the day 2 of 2015, by and between MO R E COUNTY, FLORIDA, a 8 Political SAdivision of the State of Florida ("'Monroe County"), ROGER BERNSTEIN, as 9 Trustee of the Benjamin Bernstein Trust B, ("Bernstein Trust") and SAFE HARBOR 10 SEAFOOD LLC, successor in interest of JOSBPH I . RACKMAN and JEFFREY W. 11 BOLOTIN, as Trustees of the Island Trust Agreement, dated March 10, 1989 "Safe Harbor 12 Seafood" (collectively, the `Parties", pursuant to Sections 11 0-132, 11 -13, and 13-1 2 of 13 the Monroe County, Florida, Code of Ordinances "Monroe County Code", and the Florida 14 Local Government Development Agreement Act, Florida Statutes Sections 1 3. 22 -1 3.32 3 15 213, and is binding on the "'Effective Date" set forth herein: 1 17 WIT ESSETH: 1 19 The Parties hereby agree as follows: 20 1 I. RECITALS 22 A. This Agreement involves the development of properties located at 5550 Fifth Avenue, 5700 3 Fourth Avenue and 6460 Front Street, South Stock Island, Florida, MM 5. The properties 24 shall be referred to in this Agreement collectively as the "Properties." The parcel owned by 25 the Benjamin Bernstein Trust B, Monroe County Parcel ID 00123770-000000, 00127250- 26 000000, 00 12720- 12729-09 00127380-000000, consisting of 27 approximately 9. 2 Upland acres and 9.63 Submerged acres of land, shall be referred to 28 collectively as the "Bernstein Property." The parcel owned by Safe Harbor Seafood, Monroe 29 County Parcel ID 00 123 600 -000 100, consisting of approximately 3.11 Upland acres and 1. 6 1 30 Submerged acres of land, shall be referred to as the "Safe Harbor Seafood Property," 31 32 B. This Agreement requires the preservation of at least 30 of the upland area of the Properties 33 for working waterfront and water dependent uses such as commercial fishing, marina, 4 including short terra and long term dockage, fish house marl et, boat repair, boat building, 35 boat storage or other similar uses, but excluding transient. uses "Traditional Working 36 waterfront Uses". The entirety of the upland portion of the Safe Harbor Seafood Property 37 and, at a minimum, at least 1.30 upland acres of the Bernstein Property shall be preserved for 38 Traditional Working waterfront Lases. 39 40 C. All Parties have the authority to eater into this Agreement through Florida Statutes Chapter 41 163 and the sole and undivided ownership of the Properties. 4 43 D. Section 13.322, Florida Statutes, authorizes Monroe County to enter into development. 44 agreements with landowners and/or governmental agencies to encourage a stronger 45 commitment to comprehensive and capital facilities planning, ensure the provision of Page I of 24 Dock# 2198 BkO 2756 P9N 1028 1 2 3 5 6 9 10 11 12 13 1 15 1 1 18 1 20 21 22 23 25 26 2 28 29 30 1 2 33 34 35 36 37 38 39 40 41 42 4 4 45 adequate public facilities for development, encourage the efficient use of resources, and reduce the economic cost of development. F. 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 (the "Act"). F. 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. G. Monroe County finds that entering into this Agreement furthers the purposes, goals, objectives and policies of the Monroe County Comprehensive Plan which contains policies that seek to encourage the maintenance and enhancement of community character and recreational and commercial working waterfronts (including, but not limited to, Policy 101.4.5. H. Monroe County Comprehensive Plan Policy 101.4.5 requires that parcels with a Future Land Use Map `'FLUM" designation of Mixed Use/Commercial (""MC") and land use zoning district of Maritime Industry "MI" are required to preserve 35% of the upland area for Traditional working waterfront Uses if a mixture of uses 1s proposed. The Policy 1s intended to permit the redevelopment of such parcels to accommodate tourism while maintaining the character of working waterfronts. I. Monroe County Code Section 13 -166 provides that development that is part of a common plan or theme of development including an overall plan of development shall be aggregated for the purposes of determining permitted or authorized development and compliance with the standards contained in Monroe County Code Chapter 130. J. The Bernstein Property, 5550 Fifth Avenue and 5700 Fourth Avenue, South Stock Island, Florida is generally described as follows: 1. The Benjamin Bernstein Trust B owns that certain real property located at 550 Fifth Avenue and 5700 Fourth Avenue, South Stock Island, Florida 3304. A copy of the Instruments evidencing Bernstein Trust's ownership are attached hereto and incorporated herein as Exhibit 1. Historically and currently the Bernstein Property is vacant land was and is being used for open storage and commercial fishing. 2. A complete legal description of the Bernstein Property is attached hereto and incorporated herein as Exhibit 2. . As of the elate of this Agreement, the Bernstein Property is assessed by the Monroe County Property Appraiser as real estate numbers 00123770- 00000, 0 12725 -00 0 , 01 72 0-00 0 , 00127290-0 0000, l 01273 0-000000. Page 2 of 24 Dock 2042980 BkN 2756 P # 1029 1 2 4 5 6 10 11 1 13 14 15 1 1 18 1 20 21 22 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 4 4 44 4 4. The Bernstein Property currently has a Maritime Industries "I II" 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 Bernstein Property is attached as Exhibit 3. 5. The Bernstein Property currently has a Tier overlay District designation of Tier III. 6. The Bernstein Property consists of 9.52 Upland acres and 9.63 Submerged acres of land. K. The Safe Harbor Seafood Property, 6460 Front Street, South Stock Island, Florida i generally described as follows: 1. Safe Harbor Seafood owns that certain real property located at 6460 Front Street, Stock Island, Florida. A copy of the warranty Deed evidencing Safe Harbor Seafood's ownership is attached hereto and incorporated herein as Exhibit 4. Historically and currently the Safe Harbor Seafood Property is vacant land that was and is being used for open storage, fish retail and distribution and commercial ial fishing. 2. A complete legal description of the Safe Harbor Seafood Property 1s attached hereto and incorporated herein as Exhibit 5. 3. As of the slate of this Agreement, the Safe Harbor Seafood Property is assessed by the Monroe County Property Appraiser as real estate number 00 123600-000 100. . The Safe Harbor Seafood Property currently has Maritime Industries "MI" Land Use (Zoning) District designation and a corresponding Mixed Use/Commercial "I CI " Future Land Use Map designation. A copy of the Land Use District Map and Future Land Use Map for the Safe Harbor Seafood Property is attached hereto and incorporated herein as Exhibit 6. 5. The Safe Harbor Seafood Property currently has a Tier overlay District designation of Tier 111. 6. The Safe Harbor Seafood Property consists of 3.11 Upland acres and 1.61 Submerged aches of land. II.PURPOSE A. The overall purpose of this Agreement is to alloy for certainty among the Parties as to the permitted density of future transient residential development on the Bernstein Property, and to ensure that Traditional working waterfront Uses on the Safe Harbor Seafood Property continue and are capable of being attributed towards the 35% of upland required for Traditional working waterfront Uses when redeveloping the Bernstein Property to provide for transient residential uses. Page 3 of 24 Dock# 2041980 BIB# 2756 Pg# 1030 1 B. The Agreement allows for the development of property located at 5550 Fifth Avenue, 5700 Fourth Avenue and 6460 Front Street, Stock Island, Florida, in compliance with all 3 applicable provisions of Florida Statutes, the Principles for Guiding Development in the Florida Keys Area of Critical State Concern, the Monroe County Comprehensive Plan, the 5 Master Plan for the Future Development of Stacy Island and Key Haven, and the Monroe 5 County Code. C. The Agreement allows the Parties to implement the provisions of Monroe County Comprehensive Plan Policy 101..5 as applied to the Properties in order to provide for the 10 establishment of mixed use development patterns, including transient residential uses and 11 Traditional working waterfront Uses. 1 13 D. This Agreement will allow for a reasonable use of the Bernstein Property and Safe Harbor 14 Seafood Property by allowing for development of a significant portion of the Bernstein 15 Property for transient residential uses while preserving working waterfront and water 16 dependent uses on a portion of the Bernstein Property and all of the Safe Harbor Seafood 17 Property. 1 19 E. To protect the public health, safety and welfare and establish specific tirneframes to ensure the 0 Properties are brought into compliance with County Codes. Code Compliance shall inspect 1 the Properties at conclusion of each timeframe listed below. If the terms of the compliance 22 schedule are not met, the development agreement is voidable at the sole option of the County 3 at a public hearing of the Board of County Commissioners. 24 1. Debris: Six month timeframe for the removal and clean-up of all excess trash and 5 debris existing as of the Effective Date. After clean up, the Properties shall remain in a 26 safe and sanitary condition similar to other working waterfront commercial operations 7 with designated trash debris locations and with regular waste removal. 8 2. Upland Structures: One 1 year timeframe for demolition permits for the elimination of 29 all unsafe and/or unperitted structures existing as of the Effective Date or building 30 permits, as necessary, to bring the structures existing as of the Effective Date into 31 compliance. 32 3. Docking Facilities: 33 a. For the unsafe and/or unpermitted docking facilities on the Bernstein Property 34 existing as of the Effective Date of this agreement, the applicant shall apply for state, 35 federal and county permits within 6 months of effective date of agreement. Necessary 36 repairs to be commenced within 6 months of issuance of state, federal and county 37 permits with no lapses in permits attributable to the applicant, otherwise the 38 development agreement shall become null and void. Necessary repairs to be 39 completed within 2 years from issuance of state, federal and county permits. 40 b.For the unsafe and/or unpermltted docking facilities on the Safe Harbor Seafood 41 Property existing as of the Effective Date of this agreement, the docking facilities 42 shall receive all required Federal, State, and Monroe County permits for the 43 demolition, repair or redevelopment and final inspections within the timeframe 44 provided in the below table. 45 c.Docking facilities deemed `unsafe' on the Safe Harbor Seafood, LL, property shall 46 not be utilized and the property owner agrees to demolish the docking facilities. Page 4 of 24 DocM 2041980 Ski# 2756 P N 1031 1 d.The Safe Harbor Seafood property owners agree to hold the County harmless, now and forever, from any liability related to use and repair of the docking facilities. e.A copy of the Engineering Deport by Richard J. Milelli, P.E. (#583 1 for the Safe 4 Harbor Seafood docks, dated March 5, 2011, is attached hereto and incorporated herein as Exhibit 7. A copy of the Monroe County Code Section -27 is attached hereto and incorporated herein as Exhibit 8. Current Condition based Actions Required Dock on Engineering Deport from Engineering County recommended action pursuant to Id by Richard J. Milelli, Report by Richard J. Code Section 6-27. - Unsafe buildings P.E. #5 15 Milelli, P.E Deemed unsafe by County Code Apply for state, federal and county permits within 6 months of effective date of agreement. Necessary Install additional piers repairs to be commenced within 6 months of Safe on landward and issuance of state, federal and county permits with no waterward sides to lapses In permits attributable to the applicant, anchor the dock otherwise the development agreement is voidable at the sale option of the County at a public hearing of the Board of County Commissioners. Necessary repairs to be completed within 2 years from issuance of state, federal and county permits. Deemed unsafe by County Code Apply for state, federal and county permits within months of effective date of agreement. Necessary Remove plywood; repairs to be commenced within 6 months of Plywood Portion -Unsafe y Install piers, bents, issuance of state, federal and count permitswith no 2 26 decking -Safe stringers and 26 g lapses in pen attributable to the applicant, decking otherwise the development agreement is voidable at the sole option of the County at a public hearing of p g the Board of County Commissioners. Necessary repairs to be completed within 2. years from issuance of state, federal and county permits. Unsafe should not be used. Deemed unsafe by County Code Apply for state, federal and county permits within months of effective date of agreement. Necessary Install additional piers repairs to be commenced within 6 months of on landward and issuance of state, federal and county permits with no of waterward sides to lapses in permits attributable to the applicant, anchor dock, add otherwise the development agreement is voidable at stringers the sole option of the County at a public hearing of the Board of County Commissioners. Necessary repairs to be completed within 2 years from issuance of state, federal and county permits. Page 5 of 24 Dock# 2041980 Remove plywood; Deemed unsafe by County Code 4 Unsafe Install piers, bents, Apply for demolition permit and demolish within 2 stringers and 2x6 months of effect- ive date of agreement. decking Unsafe should not be used. Deemed unsafe by County Code Apply for state, federal and county permits within b months of effective date of agreement. Necessary Install additional piers repairs to be commenced within 6 months of on landward and issuance of state, federal and county permits with no Safe waterward sides to lapses in permits attributable to the applicant, anchor dock; stagger otherwise the development agreement is voidable at deck boards the sole option of the County at a public hearing of the Board of County Commissioners. Necessary repairs to be completed within 2 years from issuance of state, federal and county permits. Remove plywood; Deemed unsafe by County Code Unsafe Install piers, bents, Apply for demolition permit and demolish within 2 stringers and 2x6 months of effective date of agreement. decking Unsafe should not be used. Deemed unsafe by County Code Apply for state, federal and county permits within months of effective date of agreement. Necessary repairs to be commenced withinmonths of Remove plywood; issuance of state, federal and county permits with no 7Plywood Portion -Unsafe Install piers, bents, lapses in permits attributable to the applicant, fix( decking -Safe stringers and otherwise the development agreement is voidable at decks ri g the sole option of the County at a public hearing of the Board of County Commissioners. Necessary repairs to be completed within 2 years from issuance of state, federal and county permits. Unsafe should not be used. Deemed unsafe by County Code Apply for state, federal and county permits within months of effective date of agreement. Necessary repairs to be commenced within 6 months of Install additional piers issuance of Mate, federal and county permits with no Safe on landward and lapses in permits attributable to the applicant, waterward sides to otherwise the development agreement is voidable at anchor clock the sole option of the County at a public hearing of the Board of County Commissioners. Necessary repairs to be completed within 2. years from issuance of state, federal and county permits. Page 6 of 24 DocO 2041980 BU 276 P90 103 Install additional piers Safe on waterward sides to anchor dock Install additional piers 10 Safe on landward and waterward sides to anchor dock Install additional piers I 1 S afe on landward and waterward sides to anchor dock Remove plywood, Deeds further evaluation evaluate existing g framing and install decking Page 7 of 24 Deemed unsafe by County Code Apply for state, federal and county hermits within months of effective date of agreement. Necessary repairs to be com-menced within 6 months of issuance of state, federal and county permits with no lapses in permits attributable to the applicant, otherwise the development agreement is voidable at the sole option of the County at a public hearing of the Board of County Commissioners. Necessary repairs to be completed within 2 years from issuance of state, federal and county permits. Deemed unsafe by County Code Apply for state, federal and county permits within months of effective date of agreement. Necessary repairs to be commenced within 6 months of issuance of state, federal and county permits with no lapses in perm -its attributable to the applicant, otherwise the development agreement is voidable at the sole option of the County at a public hearing of the Board of County Commissioners. Necessary repairs to be completed within 2 }rears from issuance of state, federal and county permits. Deemed unsafe by County Code Apply for state, federal and county permits within months of effective date of agreement. Necessary repairs to be commenced within 6 months of issuance of state, federal and county permits with no lapses in permits attributable to the applicant, otherwise the development agreement is voidable at the sole option of the County at a public hearing of the Board of County Commissioners. Necessary repairs to be completed within 2 years from issuance of state, federal and county permits. Deemed unsafe by County Code Apply for state, federal and county permits within months of effective date of agreement. Necessary repairs to be commenced within 6 months of issuance of state, federal and county permits with no lapses In permits attributable to the applicant, otherwise the development agreement is voidable at the sole option of the County at a public hearing of the Board of County Commissioners. Necessary repairs to be completed within 2 years from issuance of state, federal and county permits. Dock# 2041980 BkO 2756 PgN 2034 Install additional piers an landward and 1 Sale waterw rd sides to anchor dock Install additional piers 1 Safe on landward and waterward sides to anchor dock Install piers, beats, 15 Unsafe stringers and 2x decking Page 8 of 24 Deemed unsafe by County Code Apply for Mate, federal and county permits within 6 months of effective date of agreement. Necessary repairs to be commenced within 6 months of issuance of Mate, federal and county permits with no lapses in permits attributable to the applicant, otherwise the development agreement is voidable at the sole option of the County at a public hearing of the Board of County Commissioners. Necessary repairs to be completed within 2 years from issuance of state, federal and county permits. Deemed unsafe by County Code Apply for state, federal and county permits within months of effective elate of agreement. Necessary repairs to be commenced within 6 months of issuance of state, federal and county permits with no lapses in permits attributable to the applicant, otherwise the development agreement is voidable at the sole option of the County at a public hearing of the Board of County Commissioners. Necessary repairs to be completed within 2 years from issuance of state, federal and county permits. Deemed unsafe by County Code Apply for demolition permit and demolish within 2 months of effective date of agreement. Unsafe should not be used. Doc# 2041980 Bk# 2756 P9# 1035 1 III. AGREEMENT REQUIREMENTS 2 3 A. Recitals. The recitals explaining the intent and purpose of the project as set forth in the 4 preceding clauses are incorporated herein and form a material part of this Agreement. The 5 Parties recognize the binding effect of Florida Statutes Sections 163.3220-163.3243, as to the form and content of this Agreement and in accordance therewith set forth and agree to the 7 following. S 9 B. Legal Description and Ownership. The legal descriptions for the Properties subject to this 10 Agreement are set forth in Exhibits 2 and 5. 11 12 C. Duration of Agreement. This Agreement shall remain 1n effect for ten 10 years from the 13 "Effective Date" as defined herein, and may be extended by mutual consent of the Parties 14 and approval at a public hearing, in accordance with Section 1 3.322, Florida Statutes. For 15 the duration of this Agreement, the Parties agree that any development shall comply with and 16 be controlled by this Agreement, the Monroe County Code, and the Monroe County 17 Comprehensive Plan governing the development of land In effect on the date of execution of 18 this Agreement, in accordance with Section 1 3.322, Florida Statutes. 19 20 D. Permitted Uses. 21 22 1. The Properties currently have a M1 Land Use(Zoning) District designation and a 23 corresponding Mixed Use/Commercial M Future Land Use Map designation. 24 25 a. In accordance with this Agreement and with the MC Future Land Use Map 26 category, as set forth in Monroe County Comprehensive Plan Policy 101.4.5, the 27 permitted uses In the MC Future Land Use Map category include commercial retail; 28 office; employee housing; commercial apartments; maritime industry; light industrial; 29 commercial fishing; institutional, public, and transient and permanent residential 30 dwelling. 1 32 b. Policy 101.4.: 33 The principal purpose of the Mixed Use/ Commercial land use category is to 34 provide for the establishment of commercial land use (zoning) districts where 35 various types of commercial retail and office may be permitted at intensities 36 which are consistent with the community character and the natural environment. 37 Employee housing and commercial apartments are also permitted. In addition, 38 Mixed Use/Commercial land use districts are to establish and conserve areas of 39 mixed uses, which may include maritime industry, light industrial uses, 40 commercial fishing, transient and permanent residential, institutional, public, and 41 commercial retail uses. 42 43 This land use category is also intended to allow for the establishment of mixed 44 use development patterns, where appropriate. various types of residential and 4S non-residential uses may be permitted; however, heavy industrial uses and 46 similarly incompatible uses shall be prohibited. The County shall continue to tape Page 9 of 24 Door# 2041980 8k# 2756 P90 103 1 a proactive role in encouraging the maintenance and enhancement of community character and recreational and commercial working waterfronts. 4 In order to protect environmentally sensitive lands, the following development controls shall apply to all hammocks, pinelands, and disturbed wetlands within this land use category: 1. only loin intensity commercial uses shall be allowed; 2. a maxis um floor area ratio of o. 10 shall apply; and . maximum net residential density shall be zero. 1 11 In order to preserve and promote recreational and commercial working waterfront 12 uses, as defined by 342.07, F.,., the following criteria shall apply to all lands 13 designated with the Maritime Industries III land use (zoning) district within this 14 land use category: 15 16 1. When a mixture of uses is proposed for parcels designated as MI land use 17 (zoning) district, working waterfront and water dependent uses, such as 18 marina, fish house/market, goat repair, boat building, boat storage, or other 19 similar uses but excluding transient uses, shall be preserved by maintaining 20 a minimum of % of the upland area of the property for those uses. 1 2. Parcels within the M1 zoning district that have existing wet slips shall 22 preserve at least 20% of the wet slips for vessels involved with recreational 3 and commercial working waterfront uses, excluding live -aboard vessels 24 solely used as a residence and not for navigation. 5 3. Parcels within the M1 zoning district creating new wet slips shall preserve 26 at least 10% of the wet slips for vessels involved with recreational and 27 commercial working waterfront uses, excluding live -aboard vessels solely 28 used as a residence and not for navigation. 29 . The preservation of dockage for recreational and commercial working in 30 waterfront uses shall be documented on the final development plan and shall 31 be a written condition of any permit approval. 32 5. For permanent residential development, parcels within the 1I1 zoning 33 district shall be limited to commercial apartments or employee housing. 34 Commercial apartment means an attached or detached residential dwelling 35 unit located on the same parcel of land as a nonresidential use that is 36 intended to serve as permanent housing for the owner or employees of that 37 nonresidential use. The terra does not include a tourist housing use or 38 vacation rental use. 39 6. The preservation of a public access walkway shall be required for all 40 parcels with direct access to the water. Consideration shall be given to 41 security and the physical constraints of the parcel. The public access 42 walkway shall be documented on the final development plan to link a 43 continuous walkway and shall be a written condition of any permit approval. 44 7. Parcels within the ICI zoning district shall be limited to commercial retail 45 uses of less than 5,000 square feet of floor area. 4 Page 10 of 24 Doc# 2041980 BkH 2756 P9## 1037 I c. In accordance with this Agreement and with the I II Land Use (Zoning) District, as set 2 forth in Monroe County Code Section 130- 5, and in compliance with other provisions of the Code, the permitted uses in the M1 Land Use (Zoning) District include boat building, repair and storage; commercial fishing; commercial retail uses; 5 commercial retail; hotels; marinas; and accessory uses. 7 d. Code Section 130-5 provides, In pertinent part: (a) The following uses are permitted as of right in the maritime industries district: 9 1 Boat building, repair and storage; 10 2 Commercial retail uses of less than 5,000 square feet of floor area; 11 3 office uses ofless than 5,000 square feet of floor area; 1 (4) Light and heavy industrial uses; 1 5 Commercial apartments involving less than six dwelling units, but tourist 14 housing uses, vacation rental use, of commercial apartments is prohibited; 1Commercial fishing; 16 ( Manufacture, assembly, repair, maintenance and storage of traps, nets and 17 other fishing equipment, 1 Institutional uses; 19 Public buildings and uses; 2 10 Accessory Uses; 21 1 1 Vacation rental use of any nonconforming dwelling units if a special 22 vacation rental permit is obtained under the regulations established in 23 section 14-1 24 12Replacement nt of an existing antenna -supporting structure pursuant to 5 section 14 -5(2); 26 13 Collocations on existing antenna -supporting structures, pursuant to 7 section 14 -5 3 ; 28 14 Attached wireless communications facilities, as accessory uses, pursuant 9 to section 14-54; 0 (15) Stealth wireless communications facilities, as accessory uses, pursuant 1 to section 14--; and 2 (1 Satellite earth stations, as accessory uses, pursuant to section 14-5. 33 4 b) The following uses are permitted as minor conditional uses in the maritime 5 industries district, subject to the standards and procedures set forth in chapter 110, 6 article III: 7 (1) CCommercial apartments involving more than six dwelling units,, 38 provided that: 39 . The hours of operation of the commercial uses proposed in 40 conjunction with the apartments are compatible with residential 41 uses; 42 b. Access to U..1 is by way of: 43 1. An existing curb cut; 44 2. A signalized intersection; or 45 3, A curb cut that is separated from any other curb cut on 46 the same side of U. S .1 by at least 400 feet; Page I of 24 Doc# 2041980 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 1 1 1 19 20 21 22 23 24 25 26 27 9 30 1 32 33 34 5 36 37 3 3 40 41 4 43 44 4 c. Tourist housing uses, including vacation rental use of commercial apartments is prohibited; 2 Hotels of fewer than 50 rooms, provided that: . The use is compatible with established land uses in the immediate vicinity; and b. One or more of the following amenities are available to guests: 1. Swimming pool; 2. Marina; and . Tennis courts; New antenna -supporting structures, pursuant to section 1 4-5 1 . e The following uses are permitted as major conditional uses in the maritime industries district, subject to the standards and procedures set forth in chapter 110, article III: 1 Hotels providing 50 or more rooms, provided that: a. The hotel has restaurant facilities on or adjacent to the premises; and b. Access to U.S. 1 is by way of: 1. An existing curb cut; . A signalized intersection; or 3. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; 2 Marinas, provided that: . The parcel proposed for development has access to water at least four feet below mean sea level at mean low tide; b. The sale of goads and services is limited to fuel, food, boating, diving and sport fishing products. c. All outside storage areas are screened from adjacent uses by solid fence, wall or hedge at least six feet in height; and d. Each nonwaterside perimeter setback of the parcel proposed for development must have a class C buffery rd within a side yard setback of ten feet; 3 1ariculture, provided that: a. The use is compatible with land uses established in the immediate vicinity of the parcel proposed for development; b. The parcel proposed for development is separated from any established residential uses by at least a class C buferyard; and c. All outside storage areas are screened from adjacent uses by a solid fence# wall or hedge at least six feet in height; 4) Land use overlays A, E, Ply, subject to the provisions of article Iv of this chapter; ) wastewater treatment facilities and wastewater treatment collection systems serving uses located in any land use district, provided that: a. The wastewater treatment facility and wastewater treatment collection systems are in compliance with all federal, state, and local requirements; Page 12 of 24 Dock# 2041980 kO 2756 P9H 1039 1 2 4 5 6 9 1 11 1 1 1 15 16 1 18 1 20 21 22 2 24 25 6 27 2 2 30 1 33 32 35 3 37 3 40 41 2 43 44 45 6 b. The wastewater treatment facility, wastewater treatment collection systems and accessory uses shall be screened by structures designed to be architecturally consistent with the character of the surrounding community and minimize the impact of any outdoor storage, temporary or permanent; and c. In addition to any district boundary buffers set forth in chapter 1141 Article IV, a planting bed, eight feet in width, to be measured perpendicular to the exterior of the screening structure shall be established with the following: • f f e. The height of any new or substantially improved structure associated with the redevelopment of the Bernstein Property shall not exceed 35 feet, except as provided in Monroe County Code, as amended. E. Public Facilities. 1. The Florida Keys Aqueduct Authority provides domestic potable water to the Properties. Excluding existing development that may already be metered, the Florida Keys Aqueduct Authority will meter any new development. . Keys Energy Services provides electric service to the Properties. Excluding existing development that may already be metered, Keys Energy Services will meter any new development. In addition, excluding existing development that may already be metered, Keys Energy Services will meter other types of development accordingly. . Solid waste service is provided to each property by a solid waste collection system franchised by Monroe County. 4. The Properties are connected to central sewer via Kw resort Utilities Corp.'s system. F. Reservation or Dedication of Ind. This agreement does not entail the reservation or dedication of land. G. 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: a. The Bernstein Property consists of 1.14 gross acres consisting of 9.52 acres of upland and 9.63 acres of submerged land b. Provided such development can be designed and approved by all applicable regulations and cumulative density/intensity provisions, including but not limited to the Monroe County Comprehensive Plan, Monroe County Code and Florida Building Code, the Properties are permitted to develop the following buildings, facilities and structures on the Bernstein Property pursuant to this Agreement: Page 13 of 24 Doc## 2041980 BkM 2756 P ## 1040 1 4 5 6 7 8 1 11 12 13 14 15 1 1 18 1 2 21 22 23 24 25 2 2 2 2 30 32 33 34 3 3 37 39 40 41 42 43 45 4 i. Up to and including one hundred twenty two 122) hotel rooms to be developed into a hotel. iiA restaurant with up to 150 seats and up to 4,000 square feet of floor area. iii. Up to Forty Thousand 0,000) square feet of non-residential floor area. iv. Additional amenities ancillary and accessory to the hotel use, including a lobby, gatehouse, offices, fitness center, bath house, maintenance, and housekeeping consisting of up to 1,0 square feet. . Parking areas and landscaping vi. Public access is permitted to the Bernstein Property from 7:00 a.m. until dusk and the Bernstein Property is subject to a 10 foot public access walkway along the shoreline and 5 foot sidewalk along the perimeter compliant with County Code all as depicted on Exhibit 9. vii. At a minimum, at least 1.30 upland acres of the Bernstein Property must be preserved for Traditional working waterfront [uses, pursuant to Policy 10 1..5: (a) at least % of the existing wet slips shall be preserved for vessels involved with recreational and commercial working waterfront uses, excluding live -aboard vessels solely used as a residence and not for navigation. (b) at least 10% of the new wet slips shall be preserved for vessels involved with recreational and commercial working waterfront uses, excluding live -aboard vessels solely used as a residence and not for navigation. the preservation of dockage for recreational and commercial working waterfront uses shall be documented on the final development plan and shall be a written condition of any permit approval. d Permanent residential development shall be limited to commercial apartments or employee housing. e) The preservation of a public access walkway shall be required for all panels with direct access to the water. Consideration shall be given to security and the physical constraints of the parcel. The public access walkway shall be documented on the final development plan to link a continuous walkway and shall be a written condition of any permit approval. f) Parcels shall be limited to commercial retail uses of less than 5,000 square feet of floor area. c. The Safe Harbor Seafood Property consists of 4.72 gross acres consisting of 3.11 acres of upland and 1.61 acres of submerged land. d. Provided such development can be designed and approved by all applicable regulations and cumulative density/intensity provisions, including but not limited to the Monroe County Comprehensive Plan, Monroe County Code and Florida Building Page 14 of 24 DocU 2041980 B N 2756 P9N 1041 1 Code, the Properties are permitted to develop the following buildings, facilities and 2 structures on the Safe Harbor Seafood Property pursuant to this Agreement: 4 i . All 3.11 upland acres shall be developed and used for Traditional Working 5 waterfront Uses, pursuant to Policy 101..5: 5 (a) at least 0% of the existing wet slips shall be preserved for vessels involved with recreational and commercial working waterfront uses, excluding live -aboard 0 vessels solely used as a residence and not for navigation. 10 b at least 10% of the new wet slips shall be preserved for vessels involved with 11 recreational and commercial working waterfront uses, excluding live -aboard 12 vessels solely used as a residence and not for navigation. 13 c the preservation of dockage for commercial working waterfront uses shall be 14 documented on the final development plan and shall be a written condition of any 15 permit approval. 15 d Permanent residential development shall be limited to commercial apartments 17 or employee lousing. 1 The preservation of a public access walkway .shall be required for all parcels 10 with direct access to the water. Consideration shall be given to security and the 20 physical constraints of the parcel. The public access walkway shall be 21 documented on the final development plan to link a continuous walkway and shall 22 be a written condition of any permit approval. 23 f Parcels shall be limited to commercial retail uses of less than 5,000 square feet 4 of floor area. 2 26 ii. The Safe Harbor Seafood Property is currently used for commercial fishing uses. 27 After consideration of the security and physical constraints of the parcel, Monroe 28 County BOCC has determined a public access walkway shall not be required on 29 the Safe Harbor Seafood Property so long as it is used 100% for commercial 30 fishing hin uses, including, but not limited to, operating a fish house. Through the 31 Conditional Use and site plan approval process for these properties, consideration 32 of alternative options for a walkway 5 foot sidewalk) shall be given to the 33 Properties, as shown on Exhibit 9. If the Safe Harbor Seafood Property changes 34 from a commercial fishing use to another working waterfront use, the property 35 shall require a public access walkway, unless a specific finding is made by 35 Monroe County BOCC that the proposed use's security and the physical 7 constraints of the parcel limit the public access walkway. 38 39 H. Required Permits. The following list of all development permits approved or needed to be 40 approved for the redevelopment of the Properties, as specified in this Agreement: 41 42 a, one 1 year timefrar e for demolition permits for the elimination of all unsafe and/or 43 unperrnitted upland .structures existing as of the Effective Date or building permits, as 4 necessary, to bring the .structures existing as of the Effective mate into compliance. Page 15 of 24 Dock# 204180 8k# 2756 P90 104 1 b. All required Federal., State, and Monroe County permits for the demolition, repair or 2 redevelopment of unsafe and/or unperrnitted docking facilities as specified in section 3 II.E. of this agreement. 4 c. Conditional Use Approval and Building Permits will be required for the development of 5 the Properties into a hotel or any other conditional use permitted under Monroe ounty's 6 Land Development Regulations. The development shall be consistent with all applicable codes, including but not limited to the Monroe County Comprehensive Plan and Monroe County Code. Prior to issuance of any conditional use approval and associated building 9 permits for the hotel use, the Properties shall have addressed all code compliance issues 10 existing as of the Effective Date. 11 d. pursuant to the requirement of a public access walkway for all parcels with direct access 12 to the water in Policy 101.4.5 of the Comprehensive Plan, through the Conditional Use 13 and site plan approval process, consideration of alternative options for a walkway shall be 14 given to the Properties, as shorn on Exhibit 9. Alternate options shall be provided for 15 the Safe Harbor Seafood Property with security and physical constraints which impact the 16 property being used 100% as a commercial fishing use. As used in this agreement, 1 "Commercial fishing use" means any type of activity conducted on land, requiring the 18 location or storage of commercial fishing equipment such as fishing vessels, fishing gear, 19 docks, piers, loading areas, landing areas, and cold storage facilities, including any 20 activity necessary to prepare finfish or shellfish for refrigeration. If the use of the 21 property, shown 1n Exhibit 9, with the physical constrains is changed from commercial 22 fishing to another working waterfront use, a public access walkway shall be installed as 23 approved through a conditional use approvals and building permits, unless a specific 24 finding is made by Monroe County that the proposed uses security and the physical 26 constraints of the parcel limit the public access walkway. 26 27 I. Military Installation Area of Impact. The Properties acknowledges and understands the 28 Property and proposed development is within the Military Installation Area of Impact. 29 overlay as defined by the Monroe County Comprehensive Plan. The Properties are located 30 in the 60 — 64 INL (Day -Night Average Sound Level) noise contours pursuant to the 2013 31 Davy Final Environmental Impact Statement. while not within a 65 T NL Noise Zone or 32 greater, the Properties agree to sound attenuate all habitable buildings and shall strive to 3 achieve an outdoor to indoor poise Level Reduction Level NLI of at least 25 decibels. 34 Normal permanent construction can be expected to provide a NLR of 20 dB. 3 36 J. Finding of Consistency. By entering into this Agreement, Monroe County finds that the 37 development permitted or proposed herein is consistent with the Monroe County 38 Comprehensive Plan and Monroe County Code. 39 40 K. Breach, Amendment, Enforcement., and Termination. 41 42 a. Material Breach: A material breach by the Parties is the failure of any Party to 43 comply with the terms of this Agreement after Notice as provided herein. 44 46 b. Notice: Upon any Part.y's material breach of the terms and conditions of this 46 Agreement, the nor -breaching Party shall serve written Notice of the breach upon the Page 16of 24 Dock# 2041980 BkU 2756 PgN 1043 1 2 5 0 10 11 1 1 1 1 1 17 1 1 20 21 2 23 5 2 2 28 0 1 32 33 34 35 6 37 3 9 0 41 42 4 44 45 breaching Party pursuant to the procedure established in this Agreement and shall provide the opportunity, within ninety 0 days of the date such Notice is served, to propose a method of fulfilling the Agreement's terms and conditions or curing the breach. The breaching Party shall be provided an additional ninety days to cure the material breach or to negotiate an amendment to this Agreement within a reasonable time, as mutually agreed to by the Parties. This Agreement is not subject to arbitration and must be amended in accordance with the statutory requirements. This notice provision sloes not apply to sections ILE. and III. .c.iii. which contains its own, .separate process for the County to declare this Agreement void. c. Amendment or Termination: The Parties hereto shall at all times adhere to the terms and conditions of this Agreement. Amendment, termination, extension, or revocation of this Agreement shall be made in accordance with the notification and procedural requirements set forth herein. i. Amendments to this Agreement shall subject Parties to the laws and policies in effect at the time of the amendment only if the conditions of Section 1 3.3233 2 , Florida Statutes, are met. ii. No modifications, extensions, amendments, or alterations of the terms or conditions contained herein shall be effective unless contained in a written document ument approved and executed by the Parties. ill. Amendment, extension or termination shall require at least two 2 public hearings. The hearings shall be held pursuant to an application filed with Monroe County by the Party seeping to amend or terminate this Agreement, along with the requisite filing fee. Notice of public hearing shall be in accordance with Monroe County ordinances and Florida Statutes. iv. If the terms of the compliance schedule are not met, the development agreement shall be voidable at the sole option of the County at a public hearing of the Board of County Commissioners. d. Enforcement: i. After notice and an opportunity to respond anchor cure the material breach as provided for below. In addition, Monroe County may utilize appropriate code compliance remedies to cure any breach after notice or arising after the execution of this Agreement and an opportunity to cure as provided herein. Pre-existing code issues outlined in Section ILE. do not receive notice and an opportunity to cure. ii. Monroe County, the other Parties, their successors or assigns, or any aggrieved or any adversely affected person as defined in Section 1 3.21 2, Florida Statutes, may file an action for injunctive relief in the Circuit Court of Monroe County to Page 17 of 24 DocN 2041980 BkV 2756 P9M 1044 1 enforce the terms of this Agreement or to challenge compliance with the 2 provisions of Sections 163.3243, Florida Statutes. 3 4 M. Nothing contained herein shall limit any other powers, rights, or remedies that 5 either party has, or may have in the future, to enforce the terms of this Agreement. 6 L. Binning Effect of Agreement. The covenants, agreements, and obligations herein contained, except as herein otherwise specifically provided, shall extend to, hind and inure to the benefit of the Parties hereto and their respective personal representatives, heirs, successors and 10 assigns. 11 12 M. State and Federal Law, If State or Federal laws enacted after the effective date of this 13 Agreement preclude either Party's compliance with the terms of this Agreement., this 14 agreement shall be modified as is necessary to comply with the relevant State or Federal 15 Laws. 16 17 N. Compliance with Other Laws. The failure of this Agreement to address a particular permit., 18 condition, term,+ or restriction shall not relieve the Parties of the necessity of complying with 19 the laws governing said permitting requirements, conditions, terms or restrictions. 20 21 0. Reservation of Rights. This Agreement shall not affect any rights, which may have accrued 22 to any party to this Agreement under applicable law. The Parties reserve any and all such 23 rights. All approvals referenced in this Agreement are subordinate to compliance with all 24 applicable laws, codes, and land development regulations and permits, except to the extent 25 otherwise provided for in this Agreement. 26 27 P. No Permit. This Agreement is not and shall not be construed as a Development Permit, 28 Development Approval or authorization to commence development, nor shall it relieve the 29 Parties other than Monroe County of the obligations to obtain necessary .Development 30 Approvals that are required under applicable law and under and pursuant to the terms of this 1 Agreement and Monroe County Code. 2 33 Q. Good Faith; Further Assurances; to Cost. The Parties to this Agreement have negotiated 34 in good faith. It is the intent and agreement of the Parties that they shall cooperate with each 35 other in good faith to effectuate the purposes and intent of, and to satisfy their obligations 36 under, this Agreement in order to secure themselves the mutual benefits created under this 37 Agreement. The Parties agree to execute such further documents as may be reasonably 38 necessary to effectuate the provisions of this Agreement; provided that the foregoing shall In 39 no way be deemed to inhibit, restrict or require the exercise of Monroe aunty's police 40 power or actions of Monroe County when acting in a quasi-judicial capacity. Wherever in 41 this Agreement a provision requires cooperation, good faith or similar effort to be undertaken 42 at no cost to a party, the party co-operating, reviewing or undertaking the effort shall, 43 nonetheless, bear its cost of attendance at meetings, hearings, or proceedings and comment 44 and/or execution of documents, inclusive of the expense of its counsel. 45 Page 18 of 24 Doc## 2041980 BkH 2756 P9 # 104 1 3 4 5 6 7 8 1 11 12 1 14 1 1 1 18 19 2 21 22 2 24 2 26 27 28 2 30 1 3 3 34 35 36 37 39 40 41 2 4 4 45 4 7 R. Successors and Assign. This Agreement shall constitute a covenant running with the land, which shall be binding upon the Parties hereto, their successors in interest, heirs, assigns, and personal representatives. S. ,point Preparation. This Agreement has been drafted with the participation ofthe Parties and their counsel, and shall not be construed against any party on account of draftsmanship. The captions of each article, section and subsection contained in this Agreement are fore ease of reference only and shall not affect the interpretational meaning of this Agreement. Whenever the terra "included" is used in this Agreement, it shall mean that the included items, or terms are included without limitation as to any other items or terms, which may fall within the listed category. T. lice. All notices, demands, requests or replies provided for or permitted by this Agreement shall be In writing and may be delivered by any one of the following methods: a by personal delivery; b by deposit with the United States Postal Service as Certified or Registered mail, return receipt requested, postage prepaid, to the addresses stated below; or (c) by deposit with an overnight express delivery service with proof of receipt to the addresses stated below. Notice shall be deemed effective upon receipt. For purposes of notice, demand,, request, or replies: The address of Monroe County shall be: County Administrator 1 100 Simonton Street Room 2-205 Key Nest, Florida 33040 And a copy to: Robert Shillinger, Esq. County Attorney PO Box 1026 Ivey west, Florida 33041 and 1 111 12th Street, Suite 408 Ivey west, Florida 3304 The address of Bernstein Trust shall be: o Roger Bernstein, Esq. P.O. Box 14423 Coral Cables, FL 331 14-423 And a copy to: Barton W. Smith, Esq. Smith oropeza, P.L. Page 19 of 24 DocM 2041980 BkN 2756 P N 1046 1 13 - 142 Simonton Street 2 Key West, Florida 33040 3 4 The address of Safe Harbor Seafood shall be: 5 o Ricardo Diaz, MGR 7 1025 1 ch Terrace Key west, FL 3304 10 And a copy to: 11 12 Erica Hughes -Sterling, Esq. 13 SP TTSWOO , SPOTTSWOOD & SP TTSW OD 14 500 Fleming Street 15 Key West, FL 3340 15 12 It is the responsibility of the Parties to promptly notify all other Parties of any change In 18 name or address for receipt of notice, demand, request, or replies. 1 20 U. Force Majenre. Any prevention, delay or stoppage due to strikes, lockouts, labor disputes, 21 acts of God, inability to obtain labor or materials or reasonable substitutes therefore, riot, 22 civil commotion, fire or other casualty and other causes beyond the reasonable control of the 23 party obligated to perform, excluding the financial inability of such party to perform and 24 excluding delays resulting from appeals or rehearing, shall excuse the performance by such 5 party for a period equal to any such period of prevention, delay or stoppage. In order to avail 26 itself of this force majeure provision, the party invoking the same shall provide the other 27 party with a written notice that shall consist of a recitation of all events that constitute force 28 rnajeure events under this Section, together with the beginning and ending dates of such 29 events. 30 31 V. Construction. This Agreement shall be construed in accordance with the laws of the State of 32 Florida. The Parties to this Agreement have participated fully in the negotiation and 33 preparation hereof; and, accordingly, this Agreement shall not be more strictly construed 34 against any one of the Parties hereto. In construing this Agreement, the use of any gender 35 .shall include every other and all genders, and captions and section and paragraph headings 36 shall be disregarded. All of the exhibits attached to this Agreement are incorporated in, and 37 made a part of, this Agreement. 38 39 W. Omission. The Parties hereto recognize and agree that the failure of this Agreement to 40 address a particular permit, condition, terns or restriction shall not relieve either Party of the 41 necessity of complying with the law governing said permitting requirements, conditions, 42 terra, or restriction notwithstanding any such omission. 4 44 X. Jurisdiction and Governing Law. The Parties hereto agree that any and all suits or actions 45 at lave shall be brought in Monroe County, Florida and no other Jurisdiction. This Agreement 46 shall be construed and interpreted under the laves of the State of Florida. Page 20 of 24 Doc# 2041980 Sk## 2756 Pg## 1047 1 2 4 5 6 1 11 12 1 1 15 1 1 1 1 20 21 22 23 24 25 26 27 2 29 0 31 2 3 4 5 36 37 3 39 40 1 4 3 44 45 46 Y. Attorney's Fees and Costs. The Parties agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, as an award against the non -prevailing party, and shall include ttorn's fees, courts costs, in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. Z. Time of Essence. Time shall be of the essence for each and every provision of this Agreement. . Entire Agreement. This Agreement, together with the documents referenced herein, constitute the entire agreement and understanding among the Parties with respect to the subject matter hereof, and there are no other agreements, representations or warranties other than as set forth herein. This Agreement may not be changed, altered or modified except by an instrument in writing signed by the Party against whore enforcement of .such change would be sought and subject to the requirements for the amendment of development agreements in the Act. BB. Counterparts. This Agreement may be executed in one or more counterparts, and by different Parties hereto in separate counterparts, each of which when executed shall be deemed an original but all which taken together constitute one and the same agreement. . 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. Bernstein Trust 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 farce and effect during the term provided herein and shall be binding upon all successors in interest to the Parties to this Agreement. . Conflicting resolutions. All resolutions or harts thereof in conflict with the provisions of this Agreement and its resolution are hereby repealed to the extent of such conflict. EE. Severability. If any part of this Agreement is contrary to, prohibited by, or deemed invalid under any applicable law or regulation, such provisions shall be 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. Iv. Effective Date. The "Effective Date" of this Agreement is forty-five 4 days after the duly signed and recorded Agreement is received by the Florida Department of Economic Opportunity pursuant to Chapter 380, Florida Statutes, and if appealed, the elate the appeal is resolved. Page 21 of 24 DocU 20180 [Balance of this pagre intentionally eft blank si_gnature page to follow Page 22 of 24 1 2 3 4 6 8 9 10 11 1 1 14 1 1 1 1 1 0 1 DacN 2041980 6kO 2756 PgN 1049 IN WITNESS WHEREOF the Parties hereto have set their hands and seals on the day and year hIMIAW urritt#%n SAFE HAMOR SEAFOOD LL Title: t4a naqcr Date: Ju I v 10, 201,5 The foregoing instrument was acknowledged before one on this � dad4— t 2015, by Ricardo Diaz, Manager of Safe Harbor Seafood, LL . He is personally known Vo me and did not take an oath. LN141 II 1 fp at�r *�. • WARY E.TURS rn Rl- !Girt S TA��- '� � M1111111 Page 23 Of ` 24 Bk# 275E Pg# 1050 1 2 4 5 6 7 8 1 11 1 13 14 1 23 Benian *n Bernstein 'Trust Date: f The rare instrument was acknowledged re me on this 9 dayof 14, by Roger Bernstein, the Trustee of the Benj arrrin Bernstein Trust B. He i personally known to me and did not take an oath. •BApBARA .aCOMELL dF MY COMMISSION # FF 158337 EXPIRES: October 13, 018 BwW Thru eu*t Notary Serkes T r Y HEAVIELK, CLERK MONR E COUNTY BOARD OF COUNTY COMMSIONEW 0 L'�L r K MAYOR Page 24 of 24 MONROE COUNTY ATTORNEY PROVED A FORM: EVEN T. WILLIAM ASSISTANTPOJUNTY ATTORNEY Date Dock# 2041980 Bk # 2756 Pg# 1051 � 1 . 14.t *� �� HB lT 5 r �Q tMPRUMATIVESI D tp * i ila X � * e eouted the n 19 7 bet la" � TZZN and Gam` , XZMf ftramal Itep=eentativen of t Mst&tg of a Big tei oar ed, ■ the t o the irst part r hh Wtf of the fAxse part, pU%MU;Mnjt to the provisions taLM4 in the iLl of h amin go i . admittedto prelate 00 U s if 3l rants r harga r'p .1011SIP & eVA 1, r s # lsasaa # of Shik ■end �, b i have Mad bwaigne formMr. the real property In brae eOrit a riftida, r+orel Or land an Stack 1s:Jand and beJLttq a pArt WE 81 ' 55 Of Owald's Plat Of Stoic leand at d n Plat R o ■ f of "0 � c gels of amrm sty, to da , nd =q 14iso , a Mt Of 4Mb80rgeA ids 6 descri in To I* It, �. umbe JLS 1374NAt AIL Of whiff ,in dazarlbed move pmrtieaXprl bYnot** and b*ids as fcLjLCRm g at the Latervactlon of Southerly r g t moray bolds ry ML'ndOfnth hve us with the westerly rlght-0 -*W& 3402 Of Prot test i thence 800thOOSWardly % and 4kUml the NgaftclY right-wofiftwor boundary fine of rzMt tm*t a distance Of 140*5 Soot to the PuLnt of beginnEng of the P& of land her*14 beiny d4mribedj thencm alcmg-afolvueld right-of-w&y Une &mth 4 dellreas 13 nUU0 30 640mas rest a diatar Of 1d - fast t a Point i thsuc+e south 3R Alta o se "do �1#at, a dis nee of 3 . 0 feat to a apt; them cmt■h 70 dagama 27 crate# g a� mat s �t r■Ree f ��.*ofist a �� � �� �IDr� ggg's � IS w1mum Stancm of 334o66 f"t to ointea ce Orth a a# 08 DUten ld seronda R"t �a� � st�495*00 nt# thence Worth 5 degree* 33 nu e: B soda &Uf ALf 340 * 04 That to o ink I thm North 33 &q r"g 21 ctSt" lg dew st*■ a st*ncw of dTfl t thence south 47 � to # point �"e. ce st � i3 ALinutas rtse s bast# a staeor of th&nca Month 4 da r s 46 minutes f - a�+ds joeat# a dC Of 12S*O fast to a' c talaing 7 w 8 . , Nora or less ■ it o a e3o+ r ■ TDGMMR With all and iquiar the tame, leer"itaft xMts aad app=tonances belonginW or in seyviza appertaining to that Mal p `'o t'"t a TO HAVE AND TO HOLD the a&=& t& the p&gty of t! 1peconc, Part, hill hags a•d aasigns r in tea simple forever,it , MW the pafty Of the first rtY of tho second part, hsr heirs and assigns l. that in all thlogs Prellveinary to and in and about the Salo and this cWve .. once the orders of the ahovew amd court and t o pow r of sale contained In the dill and tho lays 04 rlorLda have been followed and :lied with is all re:r-ectsa EXHIBIT 7 w Instruments Evidencing wn r hi p of Bernstein Property Doc# 2041980 BkN 2756 P ## 1052 i ■ 4 f i[ + r ■ ■■ + ■ i r ZM WITH S8 WRCM '. the party ot the firm pairtp .,%s . e so'#!l Rlgrax*nt&tA%PQG of tho Ratatoo. Benjamin Ba nta i n, • ■ . j Dv aaaede, have set thelr hands and ;solo an the day and year *-■ fin4tt afro wi ton . ■`�■ r � ■ r -■ P + 1F V. * �■ r' r � �i��'�� + ■ r f t ■ i ■ + a■ f a s ■ * r ■r ■ f COMM or 0Mi ■ r ■ a + ■" # ■r � , [ri '&AY � CCW%n that an this da -j o biros me, as OULces in a �■ ■F # ■ Aut a xed In the hate a faresald and' tba� �J0;afore- ' ; YjY # • � saidto a �l nts , P So a a M D8M �n 'ar •';' �,.; ■ .r, . ■ to no -to be tha person dawrib d and a rho execut*d the +i; + ■ ereveY tV and sckncow1*dqad betowt Me that h a e d �� � ■iRT ;� ■i ,, y#. R r WITM3 m ■ thanes and official Seal in the County Md StAte Yam' i Intl arcrapaid this day Of # r` a llotary PUbJ.L4C ,■ y }. r state of -Florida at m � � ;•. f ■ ' fir■ i a • +cor z9M # ` + ■ ■4� �� R#i■ ■ a �7 ■ ii � r �i#■ ■ � i � }�■ 1Y � r# . , � � ■ r+ � 5 ,., , ■ a ,. ■ X2 Of CE FY that an this day bof*r* M Offlftr +�#. dully euthariwd In the State aforesaid and In the County a fore- � .• _ a*,r i ■�,■■'* � MaLd to toke a d ,, oAall &Maxed 1 R HE * * a ■ r � R�4 + ar r K to me mwn to b th Per des d WM * *=cutsd the face qinstrument m4 aaflawledged before Wo 4WEO r. �+ ■f■1 # that he GaRmted CrSAIM66 j�*� + ■# N as = . ■ ■r f yR # ■ r■ f � t�F � � r� "L' SiS ul hmd and of EicLal seal in th* County jmd Rt V ■ • # = +' r f *; * `■ • � Fes■ 444 a i ■ ■ � 4 i 4a State of r1orida at Lama • Ya * ■ } ' + 7! a ■ # • *# ■ ■ 4 * � ■ ■ � a : * ter.+/ # ■ + � r * • .+ This inattUMUL Pared by:Ro" _ ■ r # ■ r M. ftrnsteLns Uquirik ♦ # ■ Mania Florida 33131 (3051 37- 1d0 f ■ EXHIBIT I - Instruments Evidencing Ownership of Bernstein Property Dock 2041980 . 1 . 'Ira WIM VWT To The Trustees Of Tx=tR fUn4er The will of ogniaxin bermteLn, 0ensedt f h pO dlook 55 r of the P ate of a o k ZaUmdr an recorded Ln ' Plat 60ck It P 5 Of bbs PubliC cO rd■ of rds County, Pl r i da d a ticalarl des ri d #s olums t is ioir at thehtftftearlon of this scuthwentgrly Ftat d the SO'u�►tas�C3. rtft gray lice of A1�`�l�I�e of the s#�. Plotat ate"*Zo l��Rd b��� POt� i 13 elllutr a asd 30 x#c ds Cast along the southwesterlyr47 r0%� � 9-n gray line of Pm"t street, for dla an a of 130, 00 feet a ap9 b whLch is the Paint of 0e9ib is e Continue tWmae soatA 47 dewl minutes and 3Q beo db Est s3� Sautes s cl ri a s Ir Y 1i - f rftAt: Strest for a dlstsnem of 4j130.00. fast to a pmint, tb§n c* bast` d uth 42der a # 47 nd nutes and 30 seconds Skit f6r # di'NUBM Of' ZM AQ P t to a po nt j than b ibr forth 47 z 13 minutes and 30 sec ds West for a distance of Goo, 0 feat to a Points thenca bear Naxth 43 deVmezg 47 minutom and 30 avem4s st a distance of 175,200 f t bark to the Pair4t of 11eqiwark9l. 'teethes wLth all impaoemmis thereon, ' duo, tract of land oR a V&Ct of Sty lslasd o Amrcm County, plori.da, mW WMT iOr* PartICUUVIY dellrribed by etas and bound* as follems 1 �O"V at the lata�-seot on tha 5eeatherly rigbtf ' Of -It P lire@ o PIP ]� qa and th■ �tecl right w� lid all l th dt"Ot C the Plat of Stock Is recordedD"k l g ]Pagd r of 1s Public Ree rds ' t In flat bear south t de reas d 6 minutes EaN t ly o i« � sts aa, bear South 00 dews and 04 MiAutes West* 2242o25 festj tbance bear Ruth 3 dagas md 36 rdass Bast, 2131&53 Poet j tboe WAX NOCtA 05 da r d 04 elnot • Sant* 1921, 0 3 t to the Port of 3"Innil Of the tract of load hereinafter dencribedr rcm said point d1 Deqlftninq bear South 70 degrees asd 30 minutes West for a dlstasc'e of 1060 feetio mars or loan 1p to thg a terllua of the fttranm Cha air tt em= bear north CS degans and 45 nin. Estes Most alb the centorline of said F tranae Charnel for a • distance of 12 its mra or lass# to a point I two■ bear North 03 degrees and di IKUUfts West for a dimuneo *9 475 fAwp mare er lari-P to a point mblab is 70 feet and hearing ffomth og rasa and 24 ainutus. Mwt faroffi tha Southerly sight -way Jim �o Iri th dv"Oni tha bear sow 06 de and 4 tes lost for a dL6t -of 400 P sip m OS � tO UW SOuthorly shoralI Of $16ak 13, block 57 of the vlat of Stock lslandr thence wander the abarojism In 4m Saste ri d ractioa for s distancef 1440 fsat, CM l�sss, to R- PC Me Whim IN bearing dah 0 and o tax st trap * jFc " , r at gaginninggl thsn 06 degrema and 04 ftnuteis best for a dj&L*ftcg of lob fast, aosv or lesa , back t0 the Point of bola# ■n . Less t: fallowing parcel of land Included in this legal dea- a Peroel of land an Stock lslsod and being a part of Slack 55 Of Mcftuald4s VX&t of Stock Xsland at rem rdad io Plat Soak l at Page 55 of the Public 1 as rda . o f onto* County, Flortfda and Wing also a part 9f submrgsd lands dameritmd in T. r. 1. r. a &aid � t "C' i"Ir9Lit'�#, 6AfUFo4'■ 4 iuir1 siy 0 N i vi.* e, A-%r 4nf6i *f wR,AVt 1 a i * i * 'q 1 ■.• .'+1 Vaal . . j EXI�1 1T I - Instruments Evidencing Ownership of Bernstein Property Doc# 2041980 Bit# 2756 PS# 1054 { 7Z me M ds air 1g937-A, all of Whf is eecslbeParticularly b sa ts� an booms ss fo11DWS x bo �s et the 3�t6rse on Of aouthe l Lght-• O • a boundary 11Se of FDOrth ua W'th the oesterl r10 'Nof,-era b d Una of t StT re and thence 9c0theastwardii in ainn the sterly sight f ay boundary I1eo !of rrmt t"Ot a dilpt&nce Cr 84110 ' feet W tho point of begirming Of the V&=61 of land h ds bo 6escrlb i tkence along a forisa rlght�of a e t a! ""0 u 47 demos A3 Wnute■ 30 soceeds MWt a eet a t seOOnds %oo . a distahce o 1* 7 feet to a int, set the W Smth 70 V*VM*s 7 Minutes 50 ft U Best 1, a drtssCe Of 7 1.00 foot to a point, th �ro� egr s .r�vtna # sanis ds t� dtO of � � . #� ,feat to s A t � theoc Worth 0 dsq�s 1 MLA uum to seconds tasty a �M es "Et to a POSAt# North 5 d gr r■ 33 minutes g0 asamde5,60 A $*arc* of 340# d4 test too lent l thence Worth de es to 31 ernes ld s�+�s ■to a d1st&Rce of 207& g thenca South 47 deg ss 14 mLnutes 30 saso s zssto.esa to o pc ftatence o 179AS felt to ra Perot 1 thence North 42 degraes 46 utes 30 csaaWn Last, s dlst f 3.0 faet tc the Wat ob&qLnn1nV, All of slack 54 * 811 of Lot 13 o #LOek 37 'and all of Slack 55 of the p1&t of StockWand, as recorded n plst k I'm page SS of the lc ftowft of Ne rve County. Fl0rlda, less tha 9011cwing described tract in black 55: caMencfcq at the '"SC89ftim Of the SOutJrrestOrl s ght�O r 'tin* of ftmt Street and the Mmth**vtorly :rjqhtmGff..W&y line o Or h *vogue o ■ tbs "Id IOt Of Stock fsland, sa .d latersectl also to be kcWft as the point of in of the t o lied hereinafter dsd b bOas &Mth 4Vde ` son fast O 13 �1ls asd 30 siewdSt=Wt fcr a o Southwesterly �r y rl f ay Bile of rant ISCOD feet tC O polbt, ftertem bear South 4 dr tuna t 47 minutes and 30 seconds West for a distance of 17 .00 feet to a pa nt t thence War Worth 4 �e 13 minutes amd 30 &W ds Nest for a distimce of ASD#00 feet to Al point an the X00th9AAt6WJLy right -of -Way Line of curt" Av"ug, rhea ft bear Worth 42 defi es, 47 Idnut&s ■t l 30 g4cands #set RL=q the uthe tOrlg tight -of -way ay lire of Fourth i1r rnua for a distance f 175,00 fOtt bao tO the F10int Of Seginairtgr l v &11 lop Vownts ther*ono t ,r f' M. aR WA 0 ' ■L Yet M L d' H1131T I - In #rum ntilvidencingwn r i" oWen46[nrr y oc#t 2041980 I I l Dod 1849209 08/26/2011 8:58AM IN THE CIRCUIT COURT FOR MONROE COUNTY, Filed & Rcccrded in Official Records or MONRX COUNTY DANNY L , KOLHAGE FLORIDA PROBATE DIVISION N RE: ESTATE OF File No. 1 7 - P-0 -K BENJAMIN BERNSTEIN, Demised. DOC# 1849209 W 2531 Pgp H26 PERSONAL REPRESENTATIVES" RELEASE AND CERTIFICATEI W Iol F REAL L PROPERTY multipte individual personal representatives) The undersigned, JORDAN M. BERNS 'E I and ROGER M. BE I S'TEI , the surviving Pe oral Representatives of the estate ofBENJ AM IN B ERNSTEN, , dec=4 hereby acknowledge that all right, title and interest in and to certain real property located in Monroe County, Florida, owned by the decedent at the time of death, and described as follows: See legal description attached as Exhibit • I', and represented by Property Appraiser's Parcel Identification Numbers 00127250-000000 and 0012370-000000, Alternate Key Numbers 1161462 and 1157911 respectively (the " ropertyll), vested in the residuary trust known as Trig `` " under the will of Benjamin Bernstein, of whicJi JORDAN M. B E NSTE IN and ROGER M. B ERN S TEI , P.O. Box 2455, Key best, Florida 045, are tho surviving 'trustees, by operation of law at the date of the decedents death as more fully appears from the proceedings in the Circuit Court for Monroe County, Florida, Probate Division, in File I9' -CP- -I , subject only to the ruts of'the Personal representatives undor Sections 733.607 and 73 3.608of the Florida Probate Code to: I . take possession or control of the Propel . to use, sell, encumber or otherwise exercise control over the PrDp rt : a. for the payment of devises, family allowance, elective share, estate and inheritance taxes, claims, charges, and expenses of the administration and obligations of the decedent's estate; EXHIBIT I - Instruments Evidencing Ownership of Bemstein property Doc## 2041980 BkU 2756 P9# 1056 Dad 1849209 Bd 2531 Pgq 2027 b. to enforce contribution and equalize advancement; C. for distribution. Fla,ving determined that the Property is net needed for any of the foregoing purposes, except distribution, and that the Property should be released and distributed to aforesaid Trustees, the Personal Representatives hereby release the Property from all rights and powers of the Personal Representatives and acknowledge that the Property is vested in JORDAN M. BER STEIN and ROGER M. BERNS'T EIN, as Trustees of Trust "B„ under the will of Benjamin l em tein, free of all rights of the Personal Representatives. IN W ITN ESS WHER EOF, the undersigned, as Personal Representatives ofthc estate, have executed this instrument on 2011. Executed in the pre of: witness signat i'o r Pri t witness narne Witness signature Print witness name Witness signature V�� J+a�> E a-,&, Print witness name Witness si c Print witness name r f r J DAN M. BERNSTEIN dsJPersonal Representative of the Estate of ENJAMIN BERNSTEIN, deceased %an . -----2 -e ) -47 Al ROGER Nf. 6tRNSTtFN, as Personal Representative of the Estate of BENJAMIN BERNSTEIN, deceased EXHIBIT I i Instruments Evidencing Ownership of Bernstein Property STATE OF AFW JERSEY COUNTY OF PQ�Ssai c Doc# 2041980 BkN 2756 Pga 2057 Docg 1849209 Bkq 2531 Pg# 2028 The foregoing instrument was acknowledged before me on n c 1 , AW ')0 11, by JORDAN M. BERNSTEIN as Personal Representative of tie estate of BEI JAMI BE I STEW, deceased, who is persc)nally known to me � or who produced U� as id ntifx ation, j3(v6'2-'4;3- �9- t io - My Commission Expires: My Commission Number: STAVE OF FLORIDA IDA COUNTY OF MIAMI-DAZ E Notary Public, Mate of New Jersey (Affix notarial seal) AWLS NOMY aloof"MjWW ExpOn Feb 26, 2015 The foregoing instrument was acknowledged before me 0,, 0 1 I 201 I, by ROGER M. BE STET as Personal Representative of the estate of BED` JAM' F BE NSTEIN, deceased, or who produced who isersonall known to me -j�. -- �~-� _ as identification. �1 1 Notary Public, State VF1 da (Affix notarialseal) My Commission Expires: 'OTUY PUBU -STATE F .MO A a�a algr My Commission Number: �,}. ' : Cormm lion D 8 380 f .' pirm: APR. , 013 'txo ss" This instt-ument prepared by; Margrit S. Bernstein, Esq. The Bernstein Law Office, P.A. 300 Sevilla Avenue, Suite 310 Coral Gables, EL 33134 EXHIBIT 1 s. Instruments Evidencing Ownership of Bernstein Property Dock# 2041980 Bic# 2756 Pq# 205 Dod 1849209 Bk# 2531 Pg4 2029 1 : ESTATE F BENJAMIN BERNSTEW Case No. 1 73- F-0 6-K Deceased parcel of land on Stock Island and being a part of Block 55 o McDonald" s Flat of Stock Island as reoorded in Flat look I at page 55 of the Public Records of Monroe County, Florida and being also p&ft of submerged lands described in T. I. 1. F. deed number 1 3 7-A, all of which is des arc ed more particulariy by metes and bounds as follows: Commencing t the irate ect�on of southerly right-o f-way boundary lire of Fourth Avenue with the westerly right-of-way boundary line of Front Street; thence Southeastwardly in and along the westefly right -of -war boundary line of Front Strut a distance of 840.5 feet to the point of beginning of the parcel of laud herein being described; thence along aforesaid t-of-wayboundwy line south 47 degrees 13 minutes 30 seconds East a distance of 163.26 fee# to a paint; thence south 6 degrees 01 minute 50 seconds west, a distance of 313.78 feet to a point; hence South 70 degrees 27 minutes 50 seconds west, a distance of 791.00 feet to a point; thenoe North 46 degrees 15 minutes 42 seconds west, a distance of 334.66 feet to a point; thence North 87 degroes 08 minutes 10 seconds East, a distance of 485.00 feet to a point; then a North 5 degrees 33 minutes 56 seconds East, a distance of340, 4 feet to a point; thence North 53 degrees 21 minutes 10 seconds East, a distance of 207.18 feet to a point; thence South 47 degrees 13 minutes 30 seconds East, a distance of 17.69 feet to a point; thence Forth 42 degrees 46 minutes 30 seconds East, a distance of 125.0 feet to the point of beginning, containing 7.28 Acres, more or less. EXHIBIT "Am NONROF COUNTY OFFICIAL RECORDS EXHIBIT I - Instruments Evidencing Ownership of Bernstein Property Dock 2041980 BkM 2756 P9N 1059 BERNSTEIN TRUST LEGAL DESCRIPTION EXHIBIT 2 - Legal Description for Bernstein Property Bkq 2756 PgN 1060 Dod 18Q09 ek# 2531 pgq 2B29 IN RE: ESTATE OF BENJAMIN BERNSTEIN Case No, 1 73 P-09 - Deemsed . parcel of land orgy Stock Island and being a part of 1oc of Mc oneldxs Plat of Stock Island as retarded in plat Boob I at page 55 of the Public Records of Monroe Conn, Florida and being also a past of submerged lands descnibed in T. I. 1. F. deed number 19837--A., all of which is desm"bed more particularly by metes and bounds as follows: Commencing at the intersection of southerly rigor -of -way boundary lime of Fourth Avenue with the westaiy right-of-way boundary line f Front Street; hence Southmstwardly in and along the westeTly rigbt f-way boundary line of Front Street a distance of 840.5 feet to the point of bcginning of the pm-ml of land barcin being d csibed; thence along aforesaid right -of -war boundary line south 47 degrees 13 minutes 30 seconds Bast a distance of 163.26 feet to a point - thence south 6 degrees 01 minute 50 seconds West, a distance o 313.78 feet to a point; thence South 70 degrers 27 minutes 50 seconds West, a distance of 791.00 feet to a point; thence Forth 4 degrees 15 minutes 42 seconds west a duce of 334.66 feet to a point; thence Norffi 87 degrees 08 minutes 10 seconds East, a distance of 485.00 feet to a poin4 t cnce T oni 5 degrees 33 minutes 56 s eonds East# a distance of34 -04 feet to a point; thence North 53 des 21 minutes 10 seconds Eas4 a distance of 207.18 feet to a point; thence South 47 degrees 13 minutes 30 seconds last, a distance of 179.69 feet to a point; thrnce North 42 degms 46 minutes 30 seconds East, a distance of 125.0 feet to the point of begmi nix g, containing 7.29 Acres, more or I ess. EXHIBIT "A" NONE WTY OFFICI(L RECOMS EXHIBIT 2,, Legal Description for Bornstein Property Dorn 2041980 Bkp 2756 P9# 1061 i t 3 3-3 +J W ITD + EXHIBIT 1r To The Trustees of Trust 8 Mnder Tb a Will of s n ard n 8ernotein 4 Cocnaed e part of +Block 55v of the Plat of Stock 281a d, as recorded in plat jwg0k 10 page SS of the public Pw rd■ *9 Monroe u�nty s r1orl da, and is & ti culakrl deacrihed at fal to t t mincing at the intersection of the dDuthwaterl f right-of-way lire of Front Street and the Southeasterly right f-way line of roetrO avenge of the said Plat of Stock island, burr Scats 47 degrees f l minutes and 30 seconds east along the �southwesterl night-�of- vra line of rzvnt streetfour a distance of 3 0a 00 feet to a point Bch is the Paint of BeiLnning: Continue thence South 47 degsreee 13 minutes and 30 second# Uxt along a southwesterly rig t- f- Wa lie -Of rmnt street for a distance of 600s 00 fast to a point; thenc beak South 42 dognma, 47 minutoo and 10 sacandt Wait ar a distance of- 175.00 fast tc a point $ thchea ar north 47 degr s t V minutes and 30 acoend■ Est for a distance of 600.00 feet t a paint; thence bear Worth 42 deq"ov # 47 minutes and 30 eemads V"t a distasoe of 175*00 ftet back to the Point of Nmimi'nqe mK ther with all imprcmmments. thereon. , AL 07 tract of 3an4 on a Part of stack Irrjan4F mongm county* Mridwp and being suers Particularly doacribad by motes and bound* an follws a CcWreasaoing� ■t the intersection of the southarly right - of -WO r line of Fifes en a and the easterly right-cf�r, r lire* of Pi th Street of the Plat of Stock island, retarded iu plat Boca lip Page SS of the Public Records af.31cnfte CoUfttye F'lvrida# beer Scutb 03 degreas "and 56 axinutes sash S00,00 feed th6ncs bear South 00 de r'ees and 84 adnutes Wento 4 *25 atl thtncg b&ar South 03 deg"e! aMnd s6 ainu eu Cast, 2131.53 fettr thtncw bear forth 0G da ra" and 04 mutes ` Baste 1991, 0 fait to the paint of beginning of the tract of land hereinafter detsccibed; fre a said Point of beglaning bear .South 70 degrees and minutes watt for a distant* of 1060 feat %, more or less* to the canterlitc ail the Entrance C aR ei1 thence hear forth 05 dagree* and 45 min-, tee west along the contorlim of 9&id fttrance Channel for s ' distance of 12 festo xars or loss, to a point; thence bear Worth 83 ds9ress gnd SS eanutes west for a distance of 475 feety x0ro or less to a point which is 7(" feet and bearing sauth 04 degrees and 04 t, uutae west from the bvutho r'lYd04 nnr s Baline e'Of for rifth Avenue theme bear aorta 00 an eels c�istsn -of 400 fact* n r+C or assv to � Southerly shore o Block 13, Block 57 o the Plat o Stw-k Isl d* thence meander the ahorawll"a In as EaaterLy direction ror s diatanae eE 1440 soto xoro or la, to :e' �a DWUM IBs�.ttge hr�ebe eWyouth amd 04 r&nutan taut frai+ J o4 degrees and 04 natet Nvat for a distance of 100 hest• YcrO or lasso, back to . the Point of Ssg#+r,M.pg. ` Less the f0jjCWjrjq parcel of land included in this legal de*- r*ptJLc 41 parcel of Land are Stock island and being a Part of 310ek SS ' of XLmoonaldo a Mat of Stec island at reed ded in Plat i at page SS of the Public accords , of Hmme CouhtYe r*lorida and ' being also a part PE scb arged lands dexcribad ' in T. I. t. f } + I tr r t air r } ,y . ob ^ i /rJM # l o.'. fl i � � iJ!} y #� # r# R + f J< * i' • CO JR 1 t+ �I r l► a ak J J # r � 1 * i+ ■ ^.i ■1 J �"; ;, r EXHIBIT 2 - Legal Description for Bernstein Property I � f } • •� a r}irt +�• ! F rt4 #* ' � • � i r } # ' + • . •#�� J • J. .._ •• rv1+. �,i off i r 'r r •� + ' 4d. ' * } .�►;� air 2.. f • r '� i dp r �r�•J i! ' LF ` } ` - A! r fti �a rd i♦rir= R }.� � i Vl •• :ti ;tie *�./.; }*`' }y rt • r#} ' F fry` 49t' a + r. . } i r r -16 w*� - r � Dock# 2041980 r i x i r � .. J � ` # # • +� i w r _ r .y y i +rya . � 'i • •r ,ryi ', •� r \ Ik :. • r ,+ • ti • '#r �jr • ■ � i �'i t w r ■`� # # Via; ■� � .',�,, t�.# . # r i t,fi ► • h 1} *�. oil F,+1�*t_1ir .■'++ter r a r •; • ■0 1 • ■ r - ' 44 d V V. d= ■ r i #i • t ## i ■ r ■ f r ` • .� Ir J • r a ��� •y" + •tom` � 3�:�� t �r • + r } r 1 r • i 1 47 75 FAQ 728 a deed nurzer 19637-A. all of which Is described mar* particularly by mates and Maury as i haws ; Commencing at thw intersectlon of southelFly right-of-way b undiar line of Forth Avenue with the VesterlY right*of-Tray boundary line of Front Street] thence sca0aeutwardly in and alone the waterly r ht -way boundary line'af rrcmt street * distance of 0.5 • feat to the point of beginning of the 1parcel of land herein being dancribedi thence along aforesaid riq t--of-way boundary line SouM 41/ 4#9rgves i a ntrtts 30 seconds East a distance of z J. 6 fast to a points those south a degrees 01 a nate 50 seconds Rasa a distance of 313w78 feet to a point: then auth 70 'degrees 27 minutes 50 xecands Westo a distance of 791.00 foot to a point; thence trth 46 degrees 15 minutes 42 secede West# a distance of 334,66 feet to a points thence !Worth 87 deg as 01 m1nutes 10 seconds Rasta a distance of 48S.00 feet to a pointo then * Worth S deg revs 33 minutes 58 seconds East r at ftsimca of 340.04 feet to a point: thence north 53 dagz ea l minutes IQ seconds Baste a distance of 207.19 feet to a paints then South 47 degrees 13 minutes 10 seconds East* a distance of 17 . 9 foot t+o - a point] th*nce North 42 degraea 46 xeieates 30 maconds Last, a distance of USA feet to the point of beq0LnLnV, containing 7. ■ c. p more or less. * # r All of Took 56. all of lat 13 0 Sloak S7 'a d all Of Si 55 Of the plat of Stock island, as recorded its Plat Soak 14 Page 55 of the Public Mecords of nbnroeCounty* r1orldair less the following described tract in Block 551 r r cs encisg at the intersection of the Southwesterly night -of -gray lire f pr t strect &nd tha soothtmaterly right-ofy-gray lire of orth . v&ave of the saLd plat of Stock Isla ad o said int raect ari &jAG to be ]worn all the volut of V"irmLnq of the tract of land ho"Ina ter described) bear South 47 degrees Il minutes a d D s conds East along the Sokmkwesterly aright Vmway lip cz rro t Street for. a distance of 150.40 feet to a points thence bear South 42 degrees, 47 minutes ana 3o seconds West for a distance of 175,00 foot to a paints hence bar forth 47 degrees 13 minutes and 30 seconds bleat for a distance of 850 - 00 feet to ■ point On tea Southeasterly r1ght-cf-VaY 11nO of F40=01 vei n them beams' morth 42 degrees, 47 Minutes and 30 se0onds Zest alOndl the Southeastarly jrLqht-Dfo-waY lirm of Fourth hrtenua for a distance of 115,00 feet back to the Forst Of Beginning. R WITH all inprovenents thereon. ` � �+ i r • F i 40 /11 r { r �ilf• • �•A* i w ,a•1'tr % #' �•Y• ft 1 f Ai#�* �� ��. # ! a f*1 s• �/ � ■ 7 i i1 ` i`,f " 4 EXHIBIT 2 wo Legal Description for Bernstein Property Doch 2041980 6ka 2756 p m 106 of HO.LVn 4 +FZii # i4 Ir 59 lam - Door# 2041980 BkO 2756 P O 1064 r r f 1 t F # '-z��� ' r � Age r ► IFIN IMt ti do J � f r .2 1 fx Ida y 6n I NVOLA Y xWo■7m kk sr[? • ypu kvi ;,h is - - J I ► 1 de ' {# 4�I+ op op :).Or F } f i l 46 IL s: � 1 ►� 1 rrKV * ! .y .- -� 'r --. r _ + ., • + , .. - . -. • iot; air .`rX 0 lle .1A� Doc# 2041980 W }- Doc# 2041980 5k## 2756 P90 1066 Exhibit 'I to Ordinance# 045 -201 3 R ' AVM - - RC) 5TH AYE ' HAr/ .. ZL IPA :BOTH' AVE. IAVE.' .:.T Hiked Use/ Commercial (MC The Monroe County Future Land Use Map is amended s indicated above. PropDsal: Future land Use change of eighteen parcels of land on Stock Island, having real estate numbers 00123660-00000r 00123720-000400, 001 3760-000200, 00123720-000100. 00123720-000200. 001 3730-000100, '' 00123740-000000, 00123770- 00000, 00127290-000000, 00127380-000000. 00127 50-000000. 00127280-000000, 00123600-000100, 00123600-000102. 00123600-00010 1. 0012 690-000DD0- 00123 70-000000. and 00123540-000000, located on south Stook Island: from Industrial (I) to Mixed Usel ommeroial (MC). DocN 2041980 Bkq 2756 P9N 1067 585222 Return to: `C ems ; 69 Merrick Way., Suite 201 Coral Gables # FL 33134 • This instrmmt Preparw BY.0 Name: ger M. Bernstein. Esq. Adftess: 69 Merrick Way, Suite 201 Cora files, FL33134 g # this . day of Apar i l 2909, by 2Im , an unronarried widows hex i after called mCrantarm f imt party, to JOSUR R, PACTM and 3ErFM W. SOLOM aS WMM&S Under the ptVjizjcm of a Trust Agreement dated March 10, 19890, arld krawn as IUD TMW ut=e pogtaffiCe a&U-ess is: P.O. Bar 2455 Y101 Wept, FlQrida 13040 memed ply' 4WhWrrrer u's9 14rr'WlR. tbt err+r; •t.�S• p,�tr* ����4 '',#�'r►�Jd ' Fart" obe I Ilse iU4# sr++aU ar JL11 r1ura.. 1.+Ssti. ;rat;' rrpfa}#RiatlWra. ir.4 as$4f lnmjvsaus.w ji.r, 4 tnrr **nr% ■Rd aasIWnr 61 tat prtra#Lq1e►t, •WIFrIty#r Ino VPnIoxt fn aojMtII a WIMUSSMIr gat the said fib party, for wid in 03 ideration of the s% n of (;IFT# do= hmp9by rwLLw,, mleme and quit -claim use t said 80='A'Psx7tY fo ur, all the rift, title, intexgxte Claim and denaM which the raid first paw has in and to the follvwiM mi d iot o laiem or parml of land, situater lyim and being in tha sty of MMM St&tO of Mm , trrWit: pa noel of land on stock jalw d and being a pax't of Block 55 of McDomldlls Plat of Stock I ' and as )xded in Plat Book 1 at pxp 55 of the FUblic AB=rds of Mnrae a tY, Flariand beiM Alaq a pant of ldW!i=ibsd in Talol-F. dead r Ier 1983'7-A0 all of which is descxibed a xe pa timla ly b reatm and bmmds an wit IMP arnexed h0mtOo hftr*irmft0r called the • TO &4D 10 HDIUD the Em t+ogethex with all and sir9jule►r thO s baj0nWjrq or in anywise app=taining, and all trio astate, ricfit, titler interest, iieR,, equity arad CI&IM of the said tip PSIV, either in lair or aWity, tO the QraY per , benefit and bd=of the8a3A saved P"ry former.upon the tx t and for the pmposm set forth in this dead and in ths Dust l po&ftr axed authority is gray tad by this to the t i or tt S=eammset fah o ibit B arvvl -eto to dual in or f ar�d to said pq ora tarinormy�� t CopratR IN, Ole to �r or to �g and � of t or any part of it das=ibed in this In no case shall any party dmikV with the st ens = ralatim to the real ply or to wh= the teal or WV part of it shall be dyede to be sold. leased or wed b be cbLfgad to am o the a lication o any t r m7 or ad r� a the o» be obla�g�ci #� s � that the t�ea`�as of i� x�� cy of �1of � wi h, or be obliged in Ui , into t rm+owsi er a ped er or be obliged r privileged to inquire into any of the terM of U* "fit Agreammt or i fioat�ian or status of any n=md or wwongd bemficiaries,, or their hem or assigns to wbm the Trustees roy be ac mtmble, and onry deed, EXHIBIT 4 - Deed 15videncing Ownership of Island Trust Property Dock# 2041980 Bi d# 2756 Pg# 1068 trust doed, Mortgage, laaGe or &.tpr irMtr=Mt oxecUtCd dry, the Tr'klr-tL :A U1 rel,jt ion to the real prcperty shall bm wrclusive evidmw. in f ravor of every Mr. --on l ing upon or claiming unr r arty such cmw43YWw9,, teasel or other it strut (a) that at the time of its delivery the trust croated by this indenture and by tiro Trust t was in full force and effe,t, (b) t1-at the =MWarce or other uWtrumam was em= ted in aaao darwe with the trmts, Cor4ittwo and ]iml ati.o contairwed in this Indenture and in the Trust Agrwmnt and is bird Tvg upm all tamf ici aeries u wkw tax a ts, (c) that the Trustfims wom, duly auth=iz4d and expNned to mite ' delive r every P�& fted, trot dam, lease# mortgage a (d) if the reyarace is made to or by a dRacceswIr or in trto tj%at the su ar M=&Mrs in tml3t have bem appointad pr-opearly aid vested fully with all the title, esrAt&o rights, powers, daies and cbligaticm of in trust, ArW con.r lC. obligation o or entered into by the an with the real P rty nay be entered into by then in the ream of the tier beii if iciaries urxlar the Truce Agreorant, as their~ attorney -in - fact p by this dead i rtwombly appoirted fcr the P=pose,, or,, at the elwtiarn of the Trurtew,, in trieir own nmw as TrUstee of an expo test and not individuallys, and the 7tuvteea Gkol 1 have no abligation r tsower with reapreapwt to arty suffix caftmeto cbi atiae or exempt mly as far as the trust and fw4& in the actual ' on of the Trustma shill be applicable for fir` payer and di�ax�e, and all pe and c rporaticr and Whatsoever mall be charged with tim of this condition from the dame of the filing for reo=d of this de Ws 7bg interest of cacti bex f iciary under i s deed and under the Tm= Agreement refereed to previamly, and of all pe_*'som claixbV urder them or any of then stall be mily In the aarrAzqs, avails and pare% fry the sale or cd�er dispositim of the read a rld , athat is declared too be 1-17 Pond 0 and beneficiary �.r this deed &MUL have any title or Lrttarest, Iegal r equLile, in or to the real as �. but antr as Lnterest in the 48aM avails and prods from that real as aforesaid. ovI. orG ate"". rTnvrtW and Ohmnef icia " are usd for singular or pluralt as avntext, reVires. the Granter a foresaid has wt t r by d and seal this day of April, + - o 99 - Sign. maled ar4 dieliver&d in the presenoe of z } TNTE OW naxmh �• Comm OF MME 4 pexsm WW exvv4tad the fotWoingQuit-Claim DeW to the Trustees ur4er Trust # and $ +i.LC, to aW bet NO that she muted said irmtrunem for Wrrlmm vy hard and official seal in the cu utty arse State last aforemid this � -" day of April, 1959 ■ MY iWi EXP: Rotary Phii , State of Florida lIARG0.1i S efRli�5 �fIN saoF ��dh�o► MY . cx�. 1r2r4o 'PPl NJ EXH1131T 4 - Deed Evidencing Ownership of Island Trust Property Doc## 2041980 BkN 2756 P9## 106,E i. [:l a 11. Vl : t 1t l PT It 1N A 'I HAt rr or 1,AN11 4 UN ST(II -K I S 1.#1 1 I 1111 i ; .� i'.ili"1# I ]I 1�1.� � "�� : i Ill- 6 O S'I`�#����'K iiI41..Y;�I1 �1#S 1��1;ti�>tFtllrI 1N 111,�1'1' #It�Irli I 1'I' I'��FI0 i}., o}I' 'I'111: 1'1 1�j}'} 01- '*#� lali���ii � ,�)#.J�ITV., YV 1. 1(1 DA AN"I f M" T 1 1 %I.S() A �y 1i 1' III' %I 3 11:1Zt .T:D Ir'INI 11J:.S,C R11W.11 IN 1', I . I . I' . IW,ETI NM11I1;1t 19N3 7 -A, IiI-I N1i A�III I' MRTI I'VI.AI116V IW,S("11111 El) BY "METES ANI) 1I{}L1 I1R" AS F()IlWAV% ', ]4N3iINGI3 I Nr TIIIll !NIM!'I r:(:rl`1C r Tfll`# . A7r11J.AS` l-'.1tI,V lwarI`-ov-my I.1m1s or FOURTH AV ., UI: W116111 ' IM. S 1.1'1'1111'Js v-,lll.)' 1t i cirr -or-my is Nu. 1' 1i 1 myr 'rm.,irr; THENCE° "1I IICI 1 11 C1l."t'[l'1:'1`J:1#,y rI r t;1l�l'_C11+ -�;11' �� t (1#= l�1lc1`1' SI' I:ET Volt 840.50 li I:I:T TO TI JE POINT 61., IH.# 11,NN I Ott i OF THE VAI(1 .1;1, of I,AND I#I:}#ytHINAir'i`1;11 J)EMA"P!#r 111' 1); T11j�x}:l�ic*OUr C 11r T (�fi U1`,y 4715n 31�'.10 "1, Q WNW i iRAl l) 1ILWIM-01+-��AY 1, m,. j- it m 2 rumx TO 11 L }ATE#��S E.Cfi ION �� I T11 I WE ��'�/• � I1.11 � I� � o rr -o -wm, L I NE4 1~F A so.no I'I:I:7'WIDE* A(:c:1: 1.AS1,'MI +r'r ms i#I:[ }lt1 M) IN OFFICIAL IMNI)I#lam IV 9S , PACES 9 0 9 -9 l 11 OF Tifl: PUD1.1 Ii' Xi:{' IMS O (MUNTV. 19,011 t )Aj 6 001 t 5 0 "IV ALONG SAIII WMS T1:1MY IC i C#I l`i`- F -WAY II t NE. 1:011 3 1 3.713 riii,.,r ; 'rIr[.NC F. STO'027 '50"W FOR 791 .00 F H*XdT; '11III:J CE4 x 4561 i # 4 "1` P011 .1.14 rri vir.i- r 'I'IIE: `1; N9-1009 10 "IE VOR 485.00 FLI:'ror 'riiitfv*AoI`s 1-1.3=,r'f1; vni :�4 rr ` 111-61 CPI NS 3 " 1 10 "It FOR 267.18 F 'si:'1' 1 'i'i#1:1 f :1; 547013,110 ;1 V-011 179.43 1442.046' 0"H 1-6011 t :v.n{1 11:UT V '1'J11: J'o![ r ov 1WMINNI1 C1. 1f1:S5 wrI1L•'M."F1EOM, 'T111: FOLLOWING IMS(%,1111%1) J'AIMIX1, ICNOWIN AS I111: .T. . S 171: Ei'1PHLVIO SLY �INVE '#-lCrN . 11V 1)1:1:1) itu.mmmr) 114 GFIF ICiAL R15MDS I1(Yc)I'i A811, I"AlAit 2465 OF Till. PRIM! IiI:I. )1#1}S O ;w+1Olw H01:01 COUNTY, F1,C 111 l)11 131:ING 1 ILI'm I'A1#`l'1C.L3IjAW-Y 111:SC1MINO11 A8 l=OL1,011 z A PAR(MiL Oil V r IAA-4.1) St1rlMl:RC1:D La%ND ON S'rrX-,K 1 S I,AND, MUNROE. Ii UN-ry, I' J.O111 DA , 111i 1 Nrl A I' int I oN a p on lAT CERTAIN U'i#,NIF R(i1;1) LAND r *81 PI r Ill-.) IN T. I . I . V. 1)1d1:D NO. 1 83' -A l M11t M IV=I:1, 13E.INit l Will: 1'ART K:ULAR14Y DUSCIIIIIED 11Y " 1J:'I'l: A.Nn UUUN " AS 1`01M)W cMNMNCC AT TI1l: ! NTERSr.r. r1oN Dig 'l'Irl: SI11.M IB.11 'i'i:Il1.Y 1# 1 CNIT-OF -WAY 1.11MV, O VOUR `11 l�Yl:NUR AND TIIE. S 3CiMTIlivin-rimi,y 1� ICm-v-o -kvAv Id i n OF l'1Rarcr` "1`um.:-r' - 'MI'A 1: 47 `1 3 i 30"l: Al OW; SAID SOU"1'rli�i=..S'1'i:l�[.�' RIi IIT-01-- + AY 1.1NV VOA 3 0 0 .7 G FEET TO '1'111: WI- S` I.11 Y 1 c;11`I' -0V -iVAY L I N E, 017 A 311 I��T W r DEP ACX,�;5 S EASEMENT: `�'I11:NCE � �;1� ENT01 ' tf"111" Al-CINto -RA111 W"Si l'1:1MY n �II'C-ov-lr'A I,mi vom I`J:I:"I. T 'I'Jil: PO I N1* M: HIM r Nip ING )V I-111: 'E t 1 �ESCRl I31:I) P�'II CHM O LAND; THENCE S7I3 °* 2 '5 0 "W FOl1 240.30 # E.11'61'; 11rl:MM"t NiT "15' 03 "W FOR 234.23 V E .7", T 111 olii :l; 1 I VOR .104.211 1; 171' TO AN I S'r l Ms i:Aq.r 10 1 WITIT A 1,I 1: 2; 1 . 44 1r l:l.dr somwwas,rlau,v ov M 'MEASUIU-611 AT K tI<I!IT !lWAY.5 ANl) P11lCl1WAil, IY> S I I) t [I'I"11# `1. ;'I'ltltr. ' ll l ;ll'J'�I�]1; w1 11�' [)i� 110614T s-rm:1'.'i' 1 `ri1I.14 C.F. S 4 7 ° 13 ' 3 0 " U: AWNG All) r'AICr IJ 41:1. ix:*, it is voile s 10 . n v ca iim ` mro '1`I i 1, 110 I T O 13 VIG ( MN I NCB, DIY 1 l) PA ItC EMP MNTA I NS 2.00 A,`.IMS" , MIli: Olt LEM SAID TRACT CO?ITA I NS 5.29 1' 041: , WllJi Oil r.1:SS AND U11, E.Cr TO THE FOLLOWING DESC H M HPI) E S WiMs'NTS A NON -Lo WbUS J Y E ACCESS T. AS EA11:Wr , umma a mm 1 mum m irm 01" 25.L08 MIT AND 13E I NG MORE PAWr I ULA11LY DESC H 1111:1) AS F01-LO # 1Vg4+J14 C IOM Kr 7111". IN'1 is fs' "r'Iota op 'Fill: SOUrIMA TI-.0kLY 11MIrr li --WA LINE 01" IFVURTii AVI:NUE AND THE SOUS' Iwiss,rcIt1-Y I#IGHT-O -WAY JA N6 OF FRONT wmr.ETs 'I'l ENC E. S 47 ° 1313 0 "1: J' WNG SAID SOLFrIl 'I,:. `1`l:1 LY 1# I G11T -OEM -% Ay 1. l NU Foil 1003.76 1T1r1-."r OM ?`III: WRSTI:JILY 111 G rT-OF- W fir r.11+ 9 OV AN R j ST iNG 56 FOUr W f J)E AM)-" S EAS LM13NT 4riitmis SG'D01 ' 50 "M AI.t NC; SA11) W14,5TERLY R ICsiIT -OF - WAY LIKE FOR 313.78 FF.Err` -3`O T11r MOST rAs,r'KlRLY MUNER OF TIM S.T.P. store,, SAID CORNEIR is 1 ,rmc PO i SIT OF BEGINNING 01= 1111:0 11ERE I VA1:'TER ESC;R 1 LIrLM NON-1t C LUS I VE ACA7_ES5 1EA 1UNIENT ; 'i'HENCr. N 47 ° 13 t 0 "w ALONG TIER NO#l'I'1ll:llS'I'i:liLY li[]i3xUARY O1' SAID S.T.P. SITS FOR 75 , 7 k FE' .7 * 'r"11<ENCE N4 '*4 Ti ' 30 'dI: F 11 25.00 FEET; 'MIENCI. 0 0 4 ' t n'*J: �`~ R 24.07 Fl4R.T `CO A I i,ims r`iox wr`m A LIIII: 'jwr I i .an l�m,-,' ��JiST`l 1#I.Y 01-, AS [ H.AS111#EI3 AT It r CST IT r►rlC�i.1: A I�1�1,I;�1 .I. A 1 } 1 fi;S'i'1:1ILY i ! c mrr -oi* -1�` y 1.1 NE i' Fill. A1�O itemumr' 1 C NUN D i� oarr w 1 m.; A rr: l?ll.�il:l�1#:wr ; 'ttll;l�lCE. I °Ifl 1 ' Q "I` Al#CI+IC: SAID i 1 11,1:1.► LI; I: I1Ort 2S5.73 ii1.E'T '1 AIN iN,ruits 1-ii:`L'1OIL '1.1'11 SAID CU'nrvv , 't'I:itr,,Y Ii un rr-01''!1'11 ' I.1mio. or 'mr., NFLAt€:M1±1~ITION .11 FRONT STREET; 'l'11i NCU S 4'1" `13' 3 A "!: ALONGS III SOUT I � VE-S 1` h It l,1� lE � C�1 i1' ��)� �t+V111r+ 1. l � I: FOR 31 . � l- EL4T TO AN ilwi'i'ImsEcr ION w i,rij SAID m.S`I'rllt1.Y itmim-ov-WAY LINE CAL+ THE4 A1' 1#L� 11.N, ,r l0N17.D 50 rdwr WIDE j1�ff'.1'.SS v: si,*--r r # THENCH S6 0131 ' S 11) "YID ALONG' SAID %T.*S'rE L11JY II 1 1 IT -0Ij -%V.17 F,I ! M l: I?011 313.7 8 l- I�1:,' ,to nut. # o 11 c' op RX.3INNL lNG. AND l rt 3l Ar r: I:AS I?.Y1l iir!* IIl:!l x:,. Do I''1 1,r1� 1 I+i I '}1r '111r: Orr11r1-MLY LINE 'J"Ilr:1tL Fi 111.1 6 MORE' f Airr`I(xi• im Illrt1•► 'J#113Ir1 A 1I~[.�irr� AT `J`IITt cuitNEit ov '1`l11: .'r'. SITE AS 5110W ALill 111:Si:J�1Ii1;17 lrl�iCl•.1� ; rim [• S7 � o 7 ' J 4 "#1' ALONG V 11. st71.#'l'11m-,so1 i ai. P J IC)�i� wr ION 01i Till' sou'rili:f�STE.l#i,Y r�O[.� DAR LANE 01-S. A111 .`1'.!'. SUIT FOR 2--in �'I.1;'1~ �1c]111: 1)11 1.E. S 'M Till: �:i1STHTlr,�' IIr?1i]r, l 1'1J: C13-, Titir. I. I ST I M a 11�NItl101l AND'I`Ii1: POW 1r m `r`r;HMI-NA i O 01: 11) oU tInitl.Y S,i�Ir. EXHIBIT 4 ,- Deed Evidencing Ownership of Island Frost Property Doc# 2041980 Bkq 2756 Pga 1070 k i r + * r ■ r � s w . ■ ■ . . . ■ * a. r■+ i■ i. d r s * ED rp + i n i � w i . # + * ■ s f t � r� ■ 1 13 ■ M • ■ r • ■ , 41 r` i *� 41 1 t + r r ■f rs ■4 r • , rr { ■ � ■ MIdEM r r ■ ■ 1 Idp f i ■T' � y i+ i r i • r I r r eb r+ ■ � � r rt 1■ . r ■ r ;* r '� 'fir•Li +i+�� � *, ��i ��■ !*#�* ; � � , F �� ��� rt� ��.� Ipp IN f ■ `' oil rr f ' * ` ` •� rr • ■ r ` *h ■ ■. r A j 0 At r i a • 4 1 d + ' ~ •i a r t F a r • Ir • r SO r iii ." ■ -Gm a . Property Doc# 2041980 Bk# 2756 P # 1071 q 3002.17 ra" l 83'r 080 The provisions of a certain "gust Agreement dated March 10, 1985, and kncwn as I IAND TRUST relm inq to successor Trustee are as follo st All decisions of the Trgst es shall be made unanimously by the two Trustees then aervi g. if any individual Trustee 6hall cease to act as 'Trustee hereur4er for any reason, then J EP-0 F- OSTROV p of Bethesda, Maryland, shall be appointed Suteassor Trustee . if JEROME OSTROV is usable to act as successor Trustee for any reason, then ROBERT TOLL * of New Your city, New York$ shall be appointed Successor 'Trustee. Two Trusteest acting unanimously, may at any time designate one or more individual successor Trustees to serve in the event the designated successor 'Trustees are unaW.e or unwilling to serves If$ at any time, there is only onsa individual Trustee serving hereunder* then he stall appoint a qualified urban o trust company to ser.�ve w1th him as Co -Tr stee, An prolusion herein contained to the contrary notwithstandings under no circumstances shall the Grantor or Grantorts Sons be appr.; #:. d or nerve as a Trustee hereunder. 4A%P-r • 4. ; F "P"4 '■ aRpods. :.1W 9 Li cult t ovrt L L J EXHIBIT 4 - Deed Evidencing Ownership of Island Trust Property Doc## 2041980 ISLAND TRUST AGREEMENT 03/10/1989 LEGAL DESCRIPTION EXHIBIT 5 - Legal Description for Island Trust Property Doc# 204198o Bk# 2756 P9U 107 it ... -r 1111 J ? A TIME-r` (W I -AND UN S"I WX I N lXUP 11F. HM4 a A PART I* III.# 1 U ► 1 III' 'WHI, A l.11 ` 111. \ 1' OF '!'f 1E'1i I: 1,. `I)s 1tf.1 l�f#�}1•:1 i I ti 1t 1� 1 1I1 N r ��" Ir t{ �l: 7J` i1`IFI; 11�'1t1. t t' 1I1.� 1i1 t: .t;Lmry 1-I„i)II I PA AS1; It It f S-4 MAM A 1' \11 F W SI fi i11-VI.1,17 L- - I M}1:s#(ORrx jl I-M ! x IN `1'' I , ! . 1' r JIliIiII NkAl"CH 1 RN 3" -A . I11.1 �`t � �i� �1�1. 1'r) UTIt1111.11011.11 INGD AN1 GQNM11:N1;1 NU AT T111: 1 Nvlilts i r ] ON OF 1111. S(7Cf'I1I-'sA8`1'WU,V if I GUT - P -WAY L # NC, OF FOUR"I A11i.N111 W111 TITH SOU1`I#WKST1:l M' flft:I1' #i}1`-[1r11` 1.111f; T1if:1�i L 47 i S' 3 111: A1" ?i # S1 111 SI}lr'#`JJ J�S'I'i:111ly itI(.1t'I'_T31•-�1. V 1.1INC O FIMN`l" STREET FOR 840.A11 140-7 TO THE POW !Y'i' F OF TIM # ARE 11. OF 1JAN11 !Ll:I'1i:1 1A1 11 111:. I l ftf 11; 'rIJF: cai t�[�li�r' I NUN. S47'� 3 � 30 "1: A1�M' HAM 1] 111 wll `-ifY -WAY 1.1 NIt olt 14 3 0 26 1~ 1�I� C TO AN 1 N'� IMS HUT I ON W1 `J'11 711Ji ��'C:S'��#1�I.�' It l c,1�'-[�I' -1�AY t� I �1i-i i OF A 50.110 1FRI- ' V�'i R!- ACUF 1AII-#1E:Iw1'T' AS X[t:0HsMM IN 01#F!f IAL RX,(UMIS VWX 395. l'A(,jl On0-910 011P Till: MIA('! 1JIMIUK OF 370lw IME MUNTY, 1"1 111 DAI TUMOR S 6 °01 ' `M j.D3r'(j A l I� �Y1:S"l*l:lt#.Y It # �;���`�cil=-S7«'�i' JA 1�+1#} FOR :31;1. � � l' l:l:T � 'C11#: �� 70*27150"W F011 791.00 1 UMHT; 11MONC1. Mr"14 `42"IT i H 334.6G vI:1.'r, 'THENCE 87 "QUAGN13 VOit 4ES-00 IICI&'7311:1w[[:1: is'33' if+" l` 1-6011 34a.04 t'l:F:rE 'l'i1usm N51'21 ' i i1 "3: r011 207 . 12 F•x:l `1'; 'C111;WHI 547 013 `:30 "F FOR l 79 s A ip1,.r f IIIC'.NCI K4 2'64 6 13 0 "L FOR 12:P , n o f m.lr 'ru '1� m l'# J N'r I' m4cl i I i 1�r i. 1*1:S `I'Ifi:'1 1'1 '1'Ili: 1'01.I, VINI, 0113 ,0III1'11:11 11Al AHo HNOWN AS THE S.T.P. SITU PUBV IOUSLY CUNVV.yI:1i U y t`�JiANT011 TO STOCK 1 #.;INm v1' l 1,1`ry m31f*AsY, ily [71:F,1) HUMMED IN OF111CIAL 111MADS II(M A66. 11Afifl 2445 OF Till', PUBLIC tlHr 11t1 V *14014 t01� 1 DL1NTY9 l•WRI DA1 UPPING 1t11 PAIt'1`1[.1� ARItY i - 1*111I:I) AS 11"1 V y A 11A11 UL 01' F 11.ij:11 l.JiiJ�l1;ltr ��: f.+��iI7 ON S'l'tRW 1 1sAir)1 7►1 NRO1: (1�,lfi ry. i*L RIVAr 11p.14r F il`1'!0r4 o1` THAT Cl:It AIN WMIF110:1) LAMI DI; S' 11111;11 1!� T . 1 • I . V . I : ED NO. 1 U $ 3 M -A; M 1 1? I IIIICJ.I, I I P A jrr 1 c:i,71.o%1tI#V 1)LS Ill SISM Il Mn HOUNDS" AS MfJ0% t ikMTQ-* CC- AT THE 1 NTI:11SE-CCION or 'I*Jlf: jmumHARTHIMY I 1 Grl#"1`-CI"WAY I.I NIA OF i•D Jt'1'l1 J11 1a{+ JR AND Til'lS f fiJtm;. -virl' 1rY 1C1r�#f'1'•[ ff �ji�y LINE oil frllf N-ir S'r1iL -r., .t'l l;'{ NCf: 4 7�*� 13�.rie' 3 0 "S A lAI G, •■ SAID + ({)�LT1 rr�#l1-.;�'tL'i.l��1,V }��atl � c.1 I'i` �c] I'/� J1�r�l •I 1. s 1� l:�y..TA�1�1 ywJ��� 1 00; . 6 1�1.Ji7 T�� ` IM 7i 'rui i-v ■ 1*x*��+�L+�*�•�`f;�` LINE NE ;/1` 21) PfXyr I M! .�+�#�V . • . * { " 11 II lr1'!.S`J`1.11I,V #1 1 t•iiPr411�-%1 LI M". 1 t l:�i':�'�.NT� 1111�1�t:1� Sfi �] ,�� �� AI�[1Nfi SA III J:11I:'I' To 1111: 1711 I T OF PRO I N I NG1 OF 11II: f I f Ml- I NAI'T M # J1 kSM1111:1) PARCEL 01P 1.AN"'l 'i'111^.Ji l; ST0 °2?' 0"W FOU 240.30 I•zt#:T,- T1111MM N52 `1b' 03 "W Fou 234 .83 i'1:1*xt Tlll? M. M9 616 "30 "!: FOR .104 .2D I'1+1:`#. n AN 1 rii.-1tsn r1 li 11 IT11 A 111NK 251.44 i#1 i r star#'own.ST13t1"y OF M 311:AS#.1MID AT MOW AWri AiS AND 1'11I1AI Jo1:1. ' SA 1P c�t�rl'l l!1°J�*1�'�:lt#.�' II I �:11~r#�1I-* �1 �� ��liTMvvir 1 `r111-:WM 4 7 ° 13 i 30 "Uep ALONG SA ! l) PAR 1,I#i;l� I� t �1l: 1=(�!1 s 1 J1.1" TO THE MINT OF BEC31J11J"ill`rf . SAID PARC HIF4 MWTAINS 3.0R lac IUMv hURN Ott LESS. SAID TmAar `1'A f S 5.26 AC11U S y M01t1. OR I.�.S.4 AND S Uli j l cr TO 'rJ 1E F�l�i l �f LYUSCIUM HAS MUNTS I A NON-SXCLUSIVE CCI*.SS EAS J:A1RKT-v 11ANF 11 C A IMI N I MUNI WI DT11 OF 25 -a 0 Fwa J' K JjKJNC MORE PAWf I CULARLY OUSM ttl:17 A FOLLOWS COA+A'I#:l�icr: A'r INIFi NTm- S 1.Cr I O of Tilli SOUP lfASTLERLY R 1 AIT -01"-WAY 1.01" Ott FOLD f'I i AV E.ly UEk ANU `11 W* s AIA}Oy�i, irill��s#" s-riaRLY 1t f 11SOUTIM�rr -�40F -i1VERLYAy } #LINE �.�F OF �+F�# ITT STREET;AY LIN[i { THENC6 1003.76 FEET ' TIER V98S'T11 LY 111 1T-OF-WA7 [.1 l*Ii: AN il?i i S'r l ; 0 F� WIDI.: A 1: 3 -SUMMT; TI;1•NCE S6 00 I ' S0 "W ALONG SA M 1111:STEF1l.Y IGUT-Of _ WAY LIKE FOR 313,76 ITE- It SA ! n COlit�KK BEING Tills POINT r 131# INN ! ; l* 'f'tfl? 1Ii:IlE l NA1�TEi! Il v 101 '1;7:1 r.1;5 FA 1:mm-r1 iml[MCI: 1447*13130" AL IL t�ORTIMASTI' MLY LIOUAIIAMY 01r SAID S.T.P. S I'1'r: 1�C11 '�6 .7 � 3' 1:`1` ; 'rI1F.NCC 42 °4 ' W' FOR 26.00 h'um; 'nil; -NC : 14139 924 " I n "�1:�+i' it 4 UPY ()Fs. �M?}� `�'R1:I?'I' 'y��'� 1� THE 1001T 11NG-3�i:S AMD PAIIALI�1:1. 'l SA10 WMSTiRL1 D AT i l{.il'i'�(11��1 A' LINE 1 APO ILUMIcr10t ul) SO t 0'T MON' ACXg'.SS I: SIUNIF:l r l T1IHMCH t46 11t11 f 0"Z ALONG SAID PARAI A-'WL L I -48 I OR 255.73 l"x.UT TO AN i1�'['i-UST-C:TION wI' 1 SAID 0U1:TIt TF.Rljv 111carr -op -%,FAY i.1 qir. O1r 'rmt. AMMMENTI NEW F110KT STREET; l THENCE S 4 7 0I 3 13 0 R A1XWC S A W S0 Tl 1WF- ,•r I.1tl. 1(1 rA lT )F - AV LINK Mt 31,211 1*1tE`T' TO AN 1NT RSL'l:TION WI`t11 S M wnS'['1;lti,Y 11KRIT-OF-WAY LINE OU THE 1�11i Lr►�:I�'I' a � 1*T �� t ICI; A1:1 ASS #?1�51�`�'i�1wJ`I' ; 7'J1!-F S � � 0 I + r � "i+lf ALONG SAID 'r 'I" 1. it l l.► T �- i- - 4, 1r.1 It FOR 3 3 3 _ 7 � 1'1•.F�' TO Till', POINT � l" i FAI I Nib I NG- AND 1 •13It111I i;1; F1:1a IN WI `11; 'fill! soul iltltLY L IN 'r'UFAEOIi MGM; rAWi J r: l.AlL1-,Y 1 i;; i:It IIMU AS F(U.LM163 1AM 114 AT `rim ,i1r3. '[' S 1J"1`1!1?11 1' t 11N 1 F 1111 r S S f 1c1k W AND ONSCMI lei~ " 11#:ItILC)M ; TJT1.NC. S7 0'2 7 * 56 " ' 1,1 NC Till'. S01f1"1 111 I.S'1' R1, P KOIA'W( T MN 01'. S U`1'p. FOR 254 x 1I;r� Tl:1ttdPY IOUNI) RY L l KI-1. Clr $A J I} S . 'r Il #`i' f N� J � 1��1 11C3Il A� ) "1�*lI�? � POW N`l` 1� 'I# �ro Ti� �]I' A 1 �I} SORIIE]MY IC l NI;wnil "!#lt�. #: S 1:t1 I ,1 r EXHIBIT 5 w Legal Descelption for Island Trust Property Dace 204190 MR 2756 Pga 1074 This instrument prepared by: JOHN R. ALLY , III, ESQ. The Allison Firth, B.A. P.0, Banc 2129 Key West, FL 33045 Return too Erica Hughes Sterling 500 Fleming Street Key West, FL 3040 Consideration: ,4 0, 0 .0 DocN 1995241 08 2 014 4: 4PR Filed E COUNTY in NY HER I L I Nr r DEED DOC STAMP CL : Krys $16,800.00 #hocX 2995242 5kN270 PN33 WARRANT DEED "q, St THIS WARRANTY DEED is made this l —day of August, 2014 between JO EPH R. RA KMAN and JEFFREY ' . BDL TIN, as Trustees of the Island Tryst Agreement, dated March 10, 1989 (hereinafter referred to as "Grantor"), for and in consideration of the sure of Ten and No/100 Dollars 10.00) and other good and valuable consideration to it in hand paid by SAFE RARBOR SEAFOOD, LL , a Florida limited liability company (hereinafter referred to a "Grantee"), whose mailing address is 1025 18 1h Terrace, Key West, FL 33040, the receipt and 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 GRAFT, BARGAIN, SELL and CONVEY, unto Grantee all of the real property situated in 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, casements,, tenements, hereditarnents 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-=wa said land, rights, benefits, pr' x leges, easements, tenements, heredltaments, 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 "Peff nitt d Exceptions"). This conveyance is further encumbered by the covenants and restrictions ("Covenants and Restrictions") set forth in Exhibit C attached hereto and made a part hereof as continuing covenants and restrictions running with the land. 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, Exh� b�-1-S DocU 2041980 BkU 2756 Pg U 107 Dock# 1995241 Bk 700 PgN 34 except for the Permitted Exceptions and Covenants and Restrictions, at the time of delivery ofthis Warranty deed, the Property is free from all encumbrances made by Grantor, and Grantor will A R I -ANT AND D EFE N D a]I and singular the Properly unto Grajitee, Its successors and assigns, against the lawful claims and drnands of all persons whatsoever, By acceptance of this Warranty Deed, Grantee a acknowledges lges and agrees that any and all Ilability hereunder of Grantor, its agents, representatives or employees, including the warranty of title herein contained, shailI be 1imited to and satisfied solely frorn the Grantor's gross sales proceeds from the Property or any assets purchased with said proceeds, assumes payment of all real property taxes on the Prop ny for the year 2014 and subsequent years, and c acknowledges that the Covenants and Restrictions ns attached hereto as Exhibit C are additional encumbrances running with the land for which Grantee and Grantee's successors and assigns are obligated to the terms and conditions of such covenants and restrictions. IN WITNESS WHEREOF, this Warranty Deed has been executed by Grantor to be effective as of August 71, 2014. RA : Witnesses: rt R J 4 } . RACKMANI, individually and asCo-Trustee of the Island ' `rust Agreement, dated March 10, 1989 T STATE OF NEW Y i OU1 'FY OF NEW YO K This instrument was ac nowledg d before ire on A g st i� ;2014, by J SEP R. RAC K A , individ ally and as o-Trustce of the Island Trust Agreement, dated March 10, 19 89. He i s personally known to tic o r produced a identification. 4 ataxy Public -,State of New York My ommission Expires: I - U' DELORp3 0VjM ohuy %W 3W@NO. 034M&V OuafflW r�'1MMj In New �� - eOms Nov. 30,20 14 E)J, S 1 bit S DoU 2041980 Witnesses: IK414 IkU�a.`ru-off Dock# 1995241 A Li CEFE"v'. L T T, individually and as Co -Trustee of the Island Trust Agreement, dated March 10, 199 COLOMBIA § S'T,�?TE G'F /11199-VZ�WD �G�UTG-D/-l�'r�ZY C�G<NTje This instrument was acknowledged before me on August 21, 2014, by 1EFFREY W. BOLOTIN, individually and as Co -Trustee of the Island ntst Agreement, dated March 10, 1989, He is personally known to me or produced _ /J�GL as identification Notary Public MY COMMISSION EXPIRES My Commission Expires: DECEMBER 160 2D17 F,Y,VA'I' 6+5 DocM 2041980 BkV276 1077 DacU 1995241 6o 276 Pg# 36 EXHIBIT A TO WARRANTY DEED Legal Description TRACT OF LAND ON STOCK ISLAND BEING A PART OF BLOCK 55 OF M DONALD"S PLAT OF STOCK ISLAND AS RECORDED IN PLAT BOOK I AT PAGE 55 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA AND BEING ALSO A PART OF SUBMERGED LANDS DESCRIBED IN T.I,I.F. DEED NUMBER 19 - , BEING MORE PARTICULARLY DESCRIBED B "METES AND BOUNDS" AS FOLLOWS; COMMENCE at the intersection of the southerly right-of-way line of Fifth Avenue and the easterly right-of-way line of Fifth Stet of the Plat of Stock Island, recorded in Plat Book 1, Page 55 of the Public Records ofMonroe County, Florida, thence bear S 3°5 # 00" E for a distance of 1340.00 feet to the intersection of the southerly right-of-way line of Fifth Avenue and the southeasterly right -of -ay line of Fourth Avenue; thence bear N 42' 4 } 3 9" E for a distance of 640.02 feet along the southeasterly right-of-way line of Fourth Avenue; thence, leaving the southeasterly right-of-way line of Fourth Avenue, bear S 47' 04' 4 "t E for a distance of 249.61 feet: thence hear N 42' 55' 14" E for a distance of 175.00 feet to the southwesterly right-of-way line of Front street; thence bear S 47' 04' 4 " E for a distance of 431.25 feet along the southwesterly right-of-way line of Front Street; thence, leaving the southwesterly right-of-way line of Front Street, bear S 55' 3 " 41 " W for a distance of 165.85 feet; thence bear S 20' 9t 27" w for a distance of 16.96 feet to the POINT OF BEGINNING of the tract of land being described; thence bear S 53' 2F 10" w for a distance of 15 3.12 feet; thence bear S 05' 33' 5 6 " w for a distance of 340.04 feet; thence bear S 8 7° 0' 10" W for a distance of4,0 feet; thence bear S 4° 1 ' 42" E for a distance of 3 3 4, 10 feet to the southerly boundary line of Tract D of Official Records Book 399, Page 424; thence bear N 70' 30" 00" E, along the southerly boundary line of said Tract D, for a distance of 550.83 feet; thence bear N 5 ° 15' 0 "f W for a distance of 234.64 feet; thence bear N 0 ' 1 ' 0", E for a distance of 304.19 feet; thence bear N 20° ' .7" E for a distance of 79.12 feet back to the POINT OF BEGINNING. Exh'� b`tt5 Doch 2041980 8k## 2756 P ## 107 EXHIBIT B TO WARRANTYDEED Pem-fitted Exceptions Doc# 1995241 BkV 2700 P9U 37 1. .General or special taxes and assessments required to be paid in the year(s) 2014 and subsequent years. b. Any encroachment, encumbrance, violation, variation, or adverse circumstance that would be disclosed by an inspection or are accurate and complete land survey of the Land and inspection of the Land. .. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the Lands insured hereunder, including submerged, filled and artificially exposed lands, and lands accreted to such lands. . Oil, gas, mineral, or other reservations as set forth in Deed No. 19837-A by Trustees of the Internal Improvement Fund of the State of Florida. 4. Easement recorded in O.R. Book 359, Page 79, O.R. Boob 359, Page 89, O.R. Boot{ 486, Page 1003, OK Boob 687, Page 834 Public Records of Monroe County, Florida. 5. Easement contained in Warranty Deed recorded in D.P. Book 866, Page 2465, Public Records of Monroe County, Florida. . Easement recorded in 0,R. Book 1579, Page 534, Public Records s of Monroe County, Florida. . Owner's Acknowledgment vledgment of water Service Restrictions recorded in O.R. Book 1635, Page 270, Public Records of Monroe County, Florida. . Easement Agreement recorded in O.R. Book 2448, Page 1566, Public Records ofMonroe County, Florida. . Easements contained in Quit Claim Deed recorded in O.R. Boar 1088, Page 2091, Public Records of Monroe County, Florida. 10. Riparian and littoral rights are not insured. 11. Rights of the United States of America to any portion of said land which has been created by artificial means or has accreted to any such portion as so created. 12. Whose portions of the property herein described being artificially filled in land in what was formerly navigable waters, are subject to the right of the United States Government arising by reason of the United States Government control over navigable waters in the interest of navigation and commerce. 13. The rights, if any, of the public to use as a Public beach or recreation area any part of the land lying or formerly Ding between the body of water abutting the subject property and the natural line of vegetation, bluff, extreme high-water lire or other apparent boundary lines separating the publicly used area from the upland private area, as it may have existed prior to the construction, if any, of sea wall or bulkhead thereon. 14. The inalienable right of the public to use the navigable waters covering the lands. 15. The rights of the Mate of Florida and the United Mates to regulate the use of the navigable waters. aw1b�� S look# 2041980 16. Easement in favor of the Utility Board of the City of Key West recorded in O.R. Book 497, Page 2, Public Records of Momoe County, Florida. 17.Owner's Acknowledgment of Water Service restrictions recorded in O.R. Book 1274, Page 13 1, Public Records of Monroe County, Florida. Wo 18, Covenants, Restrictions and Reservations set forth in those certain Deeds to be recorded simultaneously herewith in favor of Grantee. 19. Grant of Easement (Ingress and Egress and Non -Exclusive Navigational Easement) to be recorded simultaneously herewith in favor of Grantee. V w Ex�'16+-g Doc# 2041980 1080 Blot 27 PSI Doa## 1995241 Bk## 2700 Pg## 39 Covenants, Restrictions and Reservations For a period of fifty o years commencing from August 21, 2014 or such earlier or later date as may be required under the County Approval for the development of the Related Parcels described in Exhibit 13 attached hereto ("County Approval"), the Property shall be used exclusively as a working marina including not more than 12 lobster/stone crab boats (provided however the foregoing shall not prohibit Grantee from having vessels other than the 12 lobster/stone crab boats docked at the Property, including commercial fishing boats or private boats, so long as them shall be no rafting o conrrnercial vessels (private tenders are permitted), there is no stern docking and all vessels are located totally within the Submerged Land Area described in the Quit Claim Deed recorded simultaneously herewith and do not extend into the adjacent submerged land area), manufacture, assembly, repair, maintenance or storage of traps, nets and other fishing equipment, a fish house (after June 1, 201 or any ether similar use that may be considered as traditional working waterfront, and there shall be a strict prohibition for any use which would not qualify a "working waterfront" by Monroe County, Florida for purposes of determining the required percentage of working waterfront for development rights of the Related Parcels owned by affiliates of Grantor and more particularly described in Exhibit C-1 attached hereto. For a period of fifty 0 years commencing from August 21, 2014 or such earlier or later date as may be required under the County Approval, future improvements or use shall not include non - water -dependent commercial activities, including, without limitation hotels, motels or similar transient use. For a period of fifty (o) gears commencing from August 21, 2014 or such earlier or later date a may be required under the County Approval, no portion of the property, including any docking slip may be used for residential or transient purposes, on a temporary or permanent basis. Live -aboard vessels, as defined in F.S. § 327.02, shall be prohibited. Notwithstanding the above, any time after ten 1 years from the date of this Warranty Deed, if Grantee desires to use the subject property for non -Traditional Working Waterfront Uses, Grantee may file any necessary applications to Monroe County to remove any impediments to its desired use. Grantor agrees to cooperate with Grantee in Grantee's applications, and to execute the release all of the restrictions set forth above, so long as Grantee's application to remove the restrictions does not interfere or prevent or otherwise diminish Grantor or Grantor's Affiliates from using their properties for non-traditional working waterfront uses. To vessel shall be moored or docked on that portion of the westerly side of the Property and designated a `Prohibited Mooring and Docking Area" as shown in the survey sketch attached hereto as Exhibit C-. �FIft— :5P; c r C- F�ch�bi+S DocM 2041980 BkM 2756 P90 1081 Docp 1995241 Bk# 2700 Pg Grantor, its successors or assigns, shall have the right to enforce the foregoing Covenants and Restrictions by any proceeding at lave or in equity as follows: (a) For violating or attempting to violate any negative or affirmative covenant or restriction provided for herein after notice and an opportunity to cure within a reasonable timeframe; (b) The result of every act or omission whereby any negative or affirtrnative covenant or restriction is violated in whole or in part is hereby declared to be and does constitute a nuisance of irreparable harm, and every remedy allowed by law or equity with respect thereto shall be applicable and may be exercised by Grantor and the owners of the belated Parcels; (c) The failure to enforce the remedy provisions hereof shall in no event be deemed a waiver of the right to do so thereafter; and d 'where litigation shall occur to enforce said provisions or to recover darnages or to enforce any right created herein, the prevailing party in such litigation shall be entitled to recover court costs and reasonable attorneys' fees, including court costs and reasonable attomeys' fees in any appellate proceeding. Grantor further reserves for itself a navigational easement "Navigation Easement" over that certain triangular submerged land described in Exhibit D attached hereto. Grantee shall have for itself and assigns all rights and benefits to the navigational easement area ("Navigational Easement Area") described immediately above, not inconsistent with this reservation of Navigational Easement by grantor for itself and their, agents, employees, guests, licensees and invitees The easement for the Navigational Easement Area is to provide a reasonably direct and unobstructed navigational ingress to and egress over and across the Navigational Easement Area to adjacent waters and the nearest public waterway/channel. Neither Grantee nor Grantor shall plane or construct any obstruction, permanent or temporary in nature, in, on, over, under or across the Navigational Easement Area, or make any additions, repairs or improvements to the Navigational Easement Area, including, without limitation, pilings, anchors, mooring apparatus, or other docking structures or systems. Grantor, Grantee and any operator of a vessel within the Navigational Easement Area shall, at all times, comply with all navigational laws of the United Mates and the Mate of Florida and all reasonable signs posted by Grantor, provided such signs are not inconsistent with the terms of this Easement. Grantee, for its successors, legal representatives and assigns, agrees to maintain the Navigational Ex h�b i+� Doc# 204180 BkU 2756 P9U 1082 ocO 10�P1� 41 8a 7 Easement Area free from unreasonable obstruction or other adverse impediments to navigation over the Navigational Easement Area. This navigational easement and the privileges granted herein shall be binding upon and inure to the benefit of all parties as set forth herein, and the same shall be deemed to be perpetual covenants running with the land. Where litigation shall occur to enforce said provisions or to recover damages or to enforce any right created herein, the prevailing party in such litigation shall be entitled to recover court costs and reasonable attorneys' fees, including court costs and reasonable attorneys' fees in any appellate proceeding. F�ch�b��5 Dock# 2041980 BkM 2756 Pg H 1083 E HIBiT C- I Bk 27 R gq 4 RELATED PARCELS Real Estate Number 001770-0000 Real Estate Dumber 01 7 - 00000 Deal Estate Number 001 7 80-0000 0 Real Estate Number 01 7 0-B00000 Real Estate Number 001 7380-000 0 Ex h i 6'& 9 * r * # rn 1 r*� U3 LA7 1 -Z ' i mart ;" 4 v 'j,u ' �rsx z rpI I.+y LA M zfq C L W IC Fn Eft L+1 rrk PIT 1995241 BBC 70 P44 CJtYE OF f��fE {C1 2 ds? ,t4 t1 r�ooaW5fi-E VZOV -- * ♦ # rt • t 1 • r ! . # r « # r T # • r r + • « F « rt • • # T t i + # - * r * T • # #} r r # r * # « { # * i fi r # r i T R T + �# i T T * # T r r . . + F rt 1} r ♦ i rt t T Y # T + a ♦ r # ♦ # T •�# r � r t i r • + # e . r . - • • r ♦ r r r# . • t • 1 + ! i r r. F . R a r + z r • + r ! # r i . . ♦ # + # i Y r 4 • + + # w # ! � # r r y z { F • i # r r r r # r • r * + # • ♦ * r + • + T * + •.rt 9w T • # r L r"j 14 + + ■ r # 1 r ♦ • r ..1 # s # .�l>�r# > CO M r R Y ± r L• r ♦ M M r r rt 11 * # # M 1 # # ♦ # T « j 4 # T r ( # a r • rt r 1l �K� � � . r 1 5ii`� r # • � r rt * • � y + � � � i11 # i i * + • # r * Yt # T Eiti► - 4r,11 LO -up ll } 1 � �9'4 ♦ r 1 T f + f n 0 C '. ,+ i { } 7 /y Cu * Ch C l � � r/1 lF • • * r� �� w *' � 4 iiL � i • • # i ! # r i 4 # 1y + { + r l 5 J # T ++Qsar �ar�i rn jj IV • • r • A r # # # * # • + r * + -q r s * # + r s r • • r M i y « � # + i ; # i#1 i I� .... " • r . ItIq 1., Ekt*%S 0- 4'... --oz. Exv),w b;+ s Doc# 2041980 BkN 2756 p9a 108,E Docn 1995241 BkO 2700 Pgfl 44 EXHIBIT D Grantor's Non -Exclusive Navigational Easement On the Island of Stock Island, Monroe County, Florida, more fully described below: A portion of the of the "ISLAND TRUST PARCEL", A 'TRACT OF LAID ON STOCK ISLAND BEING A PART OF BLC K 55 OF MACDONALD'S PLAT OF STOCK ISLAND D A RECORDED IN PLAT 3001 AT PAGE 55 OF THE PUBLIC RECORDS OF MO ROE COUNTY, FLORIDA, LYING SOUTHERLY OF FRONT STREET AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS COMMENCE a. the intersection of the southerly right-of-way ,Tine of Fifth Avenue and the easterly right -of -war line of Fifth Street of the Plat of Stock Island, recorded in Plat Book 1, Page 55 of the Public Records of Monroe County, Florida, thence bear S 8 ° 5 ' 00" E for a distance of 1340.00 feet to the intersection of the southerly right-of-way line of Fifth Avenue and the southeasterly right-of-way line of Fourth Avenue; thence bear N 4 ° 461 " E for a distance of 640.02 feet along the southeasterly right-of-way line of Fourth Avenue; thence, leaving the southeasterly right-of-way line e of Fourth Avenue.. bear 47" 04' 46" E for a distance of 249.61 feet: thence bear N 420 55' 14" E for a distance of 175.00 feet to the southwesterly right--of-way line of Front street; thence bear S 47 ° 04 ' 4 " E for a distance of 4 51 _ 5 feet; thence bear S 55' 3811 41" W for a distance of 165.85 feet; thence bean S 200 391 7" W for a distance of 16.96 feet; thence bear S 5 ' 221 10" GAT for a distance of 193,62 feet; thence bear S 05' 5' 56" W for a distance 286.94 feet; thence bear S 87' 06' IV W for a distance of 422.45 feet; thence bear S 001 561 361' W for a distance of 30.07 feet to zhe POINT CF BEGINNING, - thence bear 3 871 08' 10for a distance of 34.65 feet; thence bear S 4 ° 15' 4 " F for a distance of 47.09 feet; thence bear N 00' 58` 5 6 " E for a distance of 34.29 feet back to the POINT OF BEGINNING; 10 MONROE COUNTY OFFICIAL RECORDS EXKI'6+S to 00 ED q" 4 V n. Q` win st oad MID s Ol Mo.Lv n }op Fr r OF op ot r } % Mair16 Ile E 10 4 k� w- I 0 4P J* + # Jq v CV (V) do # 4 i t �� / 116. I op 00 dip t 2 i�• # i % /• •# f'/ or IP C7 * --. mp a re J — ,I t ;1� + ; w--- � ifs ■ fl■Iflli� f ■ � � 1�� ' - 1 r i i ■ # r fMiKIP �- -J Ql Hol Y M �flIA4 7+ . • Y � Ir4C ff" �aY! - IT BkN 2756 PgM 1087 H 0 r----------------------------------------------- , r ► � � S 1 f x 4 r ti � � y J } 1 1 t � l l � 1 i } 1 i } r � r - 3 x i y _ f � 1�71ii1 �1 # + 01 40 Fk • / 1+ 1 i 1 40----«--------------------------- — ——— — — — — — — — — — — — — — — — — — — — — — — — F * ! t � 1 - I - r , r• r r D or 2IL K 49 Ir I DocM 2041980 Exhibit 1 to Ordinance# 045 -2013 R P.- . E' T I�r TH AVE i 5TW 411E I �µy BTU: AVM 107K A E, - 11TH. AVE... . The Monroe County Future land Use lap is amended as indicated above. Proposal- Future land Use change of eighteen parcels of land on Stock Island, having real estate numbers 00123660-000000, 00123720-000400. 001237 0-000200, 01237 0-000100. D0123720-000200, 001 3730-000100, 00123740-000000, 0 0 13770-000000. 0 012 7 90-000000. 0 0 12 7380-000000, 00127250-000000. 00127280-0D0000, 00123600-000100. 00123600-000102. 0012 600-0001 1, 00123590-000000. 0 013570-000000. and 00135 0-000000, located on south Mack Island, from Industrial (l) to Mixed else/Commercial (PAC). .F— t=-Ajef ti 1 Exh►bi+ ri Doc# 2041980 1 0 D 75 NO ENGINEERING REPORT Safe Harbor Seafood Docks 6460 Front Street, Stock Island, FL Prepared For Safe Harbor Seafood LLB` 6460 Front Street Stock Island, Florida Prepared Bv: Richard J. Milelh, P.E. P.E. # 58315 Meridian Engineering, LLB` 201 Front St. Ste. 203 Key West, FL 33040 (305) 293-32 3 Certificate of Authorization # 29401 MARCH 2015 Doc# 2041980 Introduction: As requested by Safe Harbor Seafood, I visited the site on February 27 and March 1, 2015 to provide a professional evaluation of the existing dock structures at 6460 Front Street, Stock Island Florida (see Figure 1 Site Location Map). The property is located on Safe Harbor and is a working waterfront for commercial fisherman. The waterfront is divided among different owners who each have a dock structure on their portion of the property. The clock structures vary in their degree of soundness. Some of the structures are in need of an immediate repair to make them safe while others have recently been repaired and may need only to be further modified to resist hurricane forces and tidal surge. The purpose of my visit was to make a determination on the current state of the docks, document nay observations and make recommendations. indin The findings of my observations will be presented for each clock. I will also include any recommendations. Please see Table 1 for a summary of my findings at the end of the report. Dock I (Boat R & Dock I is approximately ' 4"' wide and "- " long and is located at the northwestern portion of the site closest to Front Street. Photographs of the dock 1 looking north and south. The dock structurc appears to have been recently repaired and is in good condition. The dock decking is constructed of 20 boards with 2x6 stringers. There is a 2x 10 supporting beam along the water side of the structure. The landward side of the structure is supported by 4A posts and steel sign posts. The 2x1 beam i s attached to pvc pipes filled with concrete. Dock# 2041980 r- - - - -- - - . I. 1 01% .01 Photograph of Lock 1 structure. Note PVC piles; 2x 10 beam, 1 o beam. hotograph of the landvard side of the structure. The rear 2x6 beam is supported by 44s and sign posts driven in the ground. Some of the 4x4s appear to be burled and others appear to be resting on the ground. Dock I appears to be one of the better structures on the property. The doer is currently safe in y opinion but should be upgraded in the future by adding additional 8 to 10 inch diameter wood pips (concrete or aluminum piles are also acceptable) on the water side of the structure that are placed into caprock and by adding piles and/or tie downs on the landward side of the structure. Dock 2 (Boat Jane : Dock 2 is located directly to the south of IDock 1. The construction materials of Dock 2 varies from 2A decking for approximately 20 ft and another 7'-" of plywood covered deck. The portion of dock with 2x8 decking is constructed in a traditional method using bents, stringers and decking. The existing wood members are weathered but still functional. The beats are attached pc pipes driven into the bay bottom and filled with concrete. The 2x8 decking areas are satisfactory for now but the lifespan of the dock is gear completion ErUDIAN Dock# 204180 Skq 2756 PS 1093 and should be scheduled to be replaced in the near future. Photograph of Dock 2 showing the mix of plywood and 2x8 decking hotograph of the 2x8 decking portion of the dock showing the bents, pvc. pile and stringers. The 3 4" thick plywood covered areas are not satisfactory and not safe. The plywood is attached to 2x4 wood members on the flat. There is a 2x6 supporting beam mid span of the 2x4s but that is not sufficient for support. Doc# 204180 Sk# 2756 P9" 1094 Photograph of the plywood portion of Dock 2 The 2.x4s on the flat span a gap between old dock timbers that are held up by 4A posts resting on the bay bottom. supports. the 2x4. Photograph of the dock timber and 4x4 The 2.x4 members on the flat are shown on top of the timber and the plywood on top o The landward side of the doer is not secure with portions resting on the old dock timbers and on concrete blocs. Doch 2041980 'holograph of the landward side of Dock 2. Photograph of the timh r and on the flat. The plywood sections of the dock are not safe. The plywood and 2x4s should be removed from the dock. . one possible way to stabilize the dock would be to add additional 4x4 posts to the heavy timbers and then run a double 2x 10 beam attached to the 4x4s. A contractor could then install 2x6 stringers 1 " on center between the beams and add 2x6 decking on top of the stringers. This would probably be the quickest and most economical way to male this dock safe. Dock 3 fBoat Aileen : Dock 3 is approximately 19 ft long and is located adjacent to Dock 2. The dock has 2x6 decking with partial plywood covering. There is also are open space between Dock 3 and Dock 4. l f decking. decking, plywood and the open space at the end. Doch 2041980 Bk## 2756 Pg## 1096 Photograph ofDock 3 showing the 2x6 pother photograph of Dock 3 showing the 2x6 Dock 3 has 4x4 posts set in approximately 5x5 steel tubes. There are 2x 12 bents between the 4xs and the landward side. The 2x6 decking is attached to the top of the 2x 1 2s which are spaced approximately 4 ft apart. The decking is very weathered and nearing the end of its lifespan. Similar to most of the docks at the property it appears to be built with what was locally available and economical. The dock is satisfactory for now in regards to being safe. However-, in the future, the dock should be rebuilt with the stringers spaced no further than l 6"' on center. In addition the landward edge of the dock should be secured using piers or anchored to concrete. x stringers and decking. Dora 2041980 7 Photograph of Dock 3 shoving the 4x4 piers, Photograph of the landward side of Dock 3. Dock 4. (Boat Eileen 2/Jazlypl. Lock 4 1s similar to many of the docks at the property. Dock is approximately 12 ft wide and 43'-" long. old dock timbers spaced approximately 9 ft apart are running between, the landward and water ward sides of the dock. The timbers are supported by rusty pipes. The plywood deck is built on 2x4s on the flat between the timbers. This dock is currently not safe and should be repaired or rebuilt. Additional piles, stringers and minimum 2 decking are required. The dock could be temporarily stabilized using the same method as Dock . The plywood and 2xs would be removed and additional 4x4s, 2x l Os and 2x6s installed. and old timbers. Desch 2041980 Photograph of Dock 4 showing the plywood Photograph of the rear of the dock. The plywood is resting on the timbers, dirt and concrete. metal piers and 2x4s. Photograph underneath the dole showing the MHU DIA Doc## 2041980 Dock 5 (Boat JlnDock 5 has been recently repaired. The decking is 2x6 on top of 2x 10 stringers. The stringers are resting on a 2x 10 beam supported by 4x4 posts resting on the bay bottom. There is hurricane strapping between the 10 beam and stringers. The x 10 st.ringers ■ 11 1 1 - - il- - 1 --- -I-- -- ---i -, e. stringers are resting on the bare ground. the hurricane ties, beam and 4x4 posts. Photograph of Dock 5 showing 2x6 decking. "hotograph of landward side of the dock. The Photograph of the underside of the dock showing MERIDIAN r:'tiC INF..I.-RING, LLC= Doc# 2041980 0 The dock is safe for now. The landward side reeds to be properly anchored at some pant and larger piles should be installed on the water ward side. The deck boards should be taken up and reinstalled so that the joints are staggered. Dock 6 JBoat Lemonade): Dock 6 is located adjacent to Dock 5 and is in a poor state. The dock construction is similar to Dock 4 with old timbers running between the landward side and water ward side. The weathered and fraying plywood deck is supported by 2x4s on the flat. This dock k could be repaired similar to dock.2 and 4. htogrph of Dock nother photograph of the dock. Dock 7 (Boat Mar Dock is adjacent to Dock 6 and extends to a point where the dock turns to the west. The first 10 ft of the clock has collapsed. The next 3 8 ft i s covered with plywood and the last 30 ft is covered with 2x6 decking. The collapsed portion and portion covered with plywood is not safe. The plywood portion is constructed similar to the other docks at the site with 2x4s on the flat and 4A support piers. The 2x6 decking portion of the dock is satisfactory with bents and stringers. The bents are supported by pc piers filled with concrete and metal piers. The collapsed portion should be removed. The plywood portion could be repaired using a similar method at dock 2, 4, and 6. N1f_111I} AN 4ML . kk f r • y ��. ��4iPFf�l 4 v . �M1 Dodd 2041980 BkO 2756 P9# 1102 hotoraph showing the framing of the 2.x6 portion. Note the metal piers, wood bents, and stringers. The ends of the stringers are cantilevered. It appears that new stringers were recently sistered to the old stringers. The fasteners holding the beats to the piers are very degraded due to rust. The 2x6 decking portion of this dock is satisfactory but the dock should be upgraded in the future with new piers, beats, stringers and stainless steel fasteners. Doc (Boat Ailn _Dock 8 includes approximately 29 ft covered in plywood and 40 ft covered with 2.x6s. The dock is approximately 5 to 6 ft wide and has metal piers. dock. Photograph of the plywood portion of the dock. Doc## 2041980 Bk## 2756 P94 2203 Photograph of the 2x6 covered portion of the Photograph of the plywood portion of the dock. Dote the metal piers, bent and decking above. It appears that the decking spars the dock Width without a stringer support in the middle. support to the pier. 2x6 portion, note the nails attaching the end .,._ -- _ .��. ran LR I i )J A N' Doc# 2041980 UP 2756 P N 1104 Dols 8 is safe. In the future, the fasteners should be upgraded to stainless steel lag bolts or through bolts. The piers should also be replaced in the future and additional stringers installed. Dock 9 (Boat Blanca Ros: Dock 9 is approximately 64 ft long and 4'-" wide. The decking appears to have been recently replaced. The e strivers run along the landward and water sides of the docks. The 2x6 decking spans from side to side. 15 MERIDIAN Doc# 2041980 BkU 2756 PgM 1105 hotograph of Dock 9. Photograph of the underside of dock 9. Note the pvc pier filled with concrete and the 2x6 decking spanning the dock. The 2x6 decking rests on a ledger attached to old timbers, The outside beam is attached to pvc piers. The dock is safe for now but additional piers should be added in the future. Dock# 2041980 BkM 2756 P # 1106 Dock 1 (Boat Mar : The dock is approximately 38 ft long and ' wide. The dock is constructed of 2x6 decking on wood framing. I was unable to further inspect underneath the dock due to the close proximity of the fishing vessel. The cock appears to be safe for now but life the other docks on the property, the piers should be replaced and the framing secured. Photograph of dock 10 holograph of dock 10 showing where the deck hoards were replaced recently. which is not adequately secured. DoeN 2041980 Bko 2756 P # 1107 Photograph of the landward side of the dock Photograph of the framing underneath the accessible portion of the dock showing cantilevered framing and stringers. piers. nother photograph of the framing and pvc 1 [ N G I N 1: 1: It I NN DocM 2041980 B O 2756 Pga 1108 Dock 11 (Boat G an d„I }: The dock has been recently rebuilt and is approximately 100 ft long. The dock framing is similar to others that have been rebuilt. The 2x6 decking is constructed on 2.x6 stringers and 44 piers. The dock is currently safe but the 4x4 piers should replaced in the future with concrete, wood or aluminum piers. Photograph of Dock 11. 19 MiAli MAN DocH 2041980 UP 2755P90 1109 Photograph of the underside of dock l l showing the 2x6 stringers and 4A posts. Photograph of the corner of dock 1 l which should have a pile under it. Dock 1 (Boat Bellah. The dock is approximately 27 ft long by 8 ft wide. The dock is covered with plywood on 2 4 and 2x6 framing. The framing is supported by pvc pipe filled with concrete. 2 ti5' I UNGINI-I RING L,I.0 Doc# 2041980 BkO 2756 P9U 1110 hotogr ph ofdock 12 showing the plywood decking. Another photograph of the plywood dying. D*c# 2041980 BkN 2556 pg# 111, hotoraph of the underside of the dock shoving the 2x6 framing pother photograph under the dock showing a pvc pipe filled with concrete support. Dock 2041980 BkN 2756 P94 111 nother photograph of the pe pier support. The framing for this dock is difficult to evaluate due to space constraints. My recommendation is to remove the plywood decking ing to evaluate the framing and if it is satisfactory then install 2x6 decking instead of plywood. Dock 1 (Boat Tam The dock is approximately 15 ft long by 4 ft wide on the south end and 39 ft long by 12 ft wide on the north end. The framing consists of 20 decking on stringers supported by an assortment of pvc and metal piers. decking. Photograph of the dock showing the 2x6 4ti -. E.'. C1'` FE1 ING I.1.0 Do ## 2041980 Bk# 276 P# 111 nother photograph of the decking man Photograph of the underside of the larger dock showing the beats and piers. Photograph of the underside of the smaller dock showing the bents, stringers and decking. MERIDIAN DocU 2041980 Ska 2756 Pg U 1114 The dock is currently safe in my opinion. In the future the metal piers should be replaced and stringers added to the framing. Deli 14 Bock 14 is located along the southern portion of the property. There are at least to to three boats that use the dock. The dock has recently been rebuilt in a similar fashion as the others on the site by using 44 posts as piers and 26 framing and decking. otoraph of dock 14 which runs along the southern portion of the property to the old fish house. hotograph ofthe underside of the dock shoving the 4 4 piers and 2 6 framing. 25 dock showing 4x4 posts resting on the ground. dory to approximately 4 ft ride. DacN 2041980 Bk# 2756 P90 1115 Photograph of the landward side ofthe hotograph ofthe dock here it narrows MURIDIAN been undermined and partially collapsed. Doc# 2041980 Bk# 2756 Pga 1116 holograph of an existing slab that has Photograph of Dock 14. I 1:11ANN r:N(;)Nf:[:R]N(i i_tC OccU 2041980 BkM 2756 P9" 1117 nother photograph of the dock underside shoving 4A posts and 2x6 stringers. hotograph of the end of the dock shoring the 4x4s on the ground. Dock 14 is safe in trey opinion but will need to be upgraded in the future by anchoring the landward side of the doer using piers and replacing the 4x4s with dock piles. The concrete slab that has been undermined should be removed and replaced with a wooden structure similar to one already built. Dock 15 Dock 15 is located at the end of dock 14 and is located in front of the fish house. thorough examination was not performed because the dock appeared to be unstable. In my opinion the dock should be completely rebuilt. 2 f-ltII)iA:`ti deterioratethe d state of the dock. Discussion: 8kH 2756 PgU 1118 Photograph of dock 1 hotograph of dock 15 showing Ire general, docks that have plywood decking require immediate attention to make them safe, except for Dock 12 which may only require 2x6 decking. The docks that have been recently rebuilt typically require a wood pier to 1 " diameter), concrete 1 0" or 12" precast) or aluminum piers to replace the aging pvc piles or metal tubes. The 2x6 decking that has been recently installed should have staggered joints. Most of the doers need to be secured on the landward side by installing additional piles or concrete anchors. In addition, fasteners that are rusting and no longer functioning should be replaced with 316 stainless steel minimum ' " in diameter. Schedule; The permitting process should begin as soon as possible. Any work in, on or adjacent to the water requires a permit from the Florida Department of Environmental Protection FDEP and the Array Corps of Engineers A of . A permit from FDEP usually takes two to three months 29 URIDIA I.NCtlNFIRINC 1.1.0 DocH 2041980 Bic# 2756 PN 1119 to obtain after it has been submitted. A permit from A OE can tale up to six months or longer to obtain. Permits from Monroe County are also required prior to starting work. Docks that have been renovated without permits should obtain an after -fact permit. This requires plans documenting the existing conditions which could tale three to four weeks to prepare. once permits have been obtained the repairs and or replacement of the doers can occur. A typical dock will tale anywhere from 2 to 3 weeksto a month to repair and or replace the piers and framing. Doc# 2041980 BkN 2756 PgH 1120 TABLE 1: DOCK SUMMARY TABLE Dock Id Current Condition Actions Required Schedule I Safe Install additional piers on landward and water Upgrade within 3 ward sides to anchor the dock to 5 years Plywood Portion — Unsafe Remove plywood; Install piers, bents, stringers Begin permitting 2x6 Decking - Safe and 2x6 decking process Safe Install additional piers on landward and water Upgrade within 3 ward sides to anchor dock, add stringers to 5 years 4 Unsafe Remove plywood; Install piers, bents, stringers Begin permitting and 2x6 decking process Safe Install additional piers on landward and water Upgrade within 3 ward sides to anchor dock; stagger deck boards to 5 years 6 Unsafe Remove plywood; Install piers, bents, stringers Begin permitting and 2.6 decking process 7 Plywood Portion — Unsafe Remove plywood and install piers, bents, stringers Begin permitting 6 Decking - Safe and '.)x6 decking process Safe Install additional piers on landward and water Upgrade within 3 ward sides to anchor dock to 5 years Safe Install additional piers on water ward sides to Upgrade within anchor dock. to 5 years 10 Safe Install additional piers on landward and water Upgrade within ward sides to anchor dock to 5 years 11 Safe Install additional piers on landward and water Upgrade within ward sides to anchor dock to 5 years 12 Needs further evaluation Remove plywood, evaluate existing framing and Evaluate install 2decking 13 Safe Install additional piers on landward and water Upgrade within ward sides to anchor dock to 5 years 14 Safe Install additional piers on landward and water Upgrade within ward sides to anchor dock to 5 years 15 Unsafe Install piers, bents, stringers and 2x6 decking Begin permitting process •� r * AF 40 iT Q k ` + o t y J y N � ism Apt + ;,�`' ri O, r t �Mit- �;�"M1_ 00 Is • .r ++ Ir IP JL '! n'_ ro6 Sec. -27. - Unsafe buildings. a (b) Doc# 2041980 BIB# 2756 Pg# 1122 EYhibit $ f nitions: All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire or windstorm hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health shall be deemed to be unsafe structures by the building official or his/her authorized designee and a permit shall be obtained to demolish the structure or where specifically allowed by this section, to bring the building into compliance with the applicable codes as provided herein. Physical criteria. (1) A building shall be deemed a fire hazard and/or unsafe when: a. There is an accumulation of debris or other material therein representing a hazard of combustion. b. The building condition creates hazards with respect to means of egress and fire protection. (2) A building, or part thereof, shall be deemed unsafe by the building official or his/her authorized designee if a. 'There is a falling away, hanging loose or loosening of any siding, block, brick, or other building material; or . There is a deterioration of the structure or structural parts; or c. The building is partially destroyed; or d. 'There is an unusual sagging or leaning out of plumb of the building or any parts of the building and such effect is caused by deterioration or over -stressing; or e. The electrical, plumbing or mechanical installations or systems create a hazardous condition contrary to the standards of the Florida Building Code and the National Electric Code; or f. An unsanitary condition exists by reason of inadequate or malfunctioning sanitary facilities or waste disposal systems; or g. There is no potable water service or electrical service; or h. The construction, enlargement, alteration, repair or demolition of the building or part thereof or the impact resistant coverings of the building or construction or the installation of systems or components within the building or structure has been commenced or completed without a permit having been obtained as required by the Florida Building Code or where the permit has expired prior to appropriate inspections and completion or when a building or structure is occupied prior to the issuance of a certificate of occupancy or certificate of completion; or i. The building or structure is vacant and abandoned, and covered at doors or windows with materials not previously approved by the building official; or The building is being used illegally or improperly erl based on the Florida Building Code; or J- g� g g y p p g i. A change in the existing use originally approved has occurred without required permits, inspections, and/or approvals; or iiA change in occupancy classification of a building or structure or portion thereof has occurred that sloes not comply with the Florida Building Code; or iii. Maintenance of conditions of occupancy or requirements of the existing occupancy classification of a building or structure or portion thereof does not comply with the Florida Building Code from the time period when the building was originally constructed or with the code in effect at the time of construction; and Page Dock# 2041980 Exh�bi-t- 8 1. The building or part thereof meets the physical criteria of an unsafe structure set forth above in Section (b)(1 a or (b) and/or Section b (a)- j , as determined by the Building Official or Fire Marshall, with proper notice as defined in Chapter -27, Section d . This provision does not supersede the authority of the building official under the Florida Statutes or the Florida Budding Code. (c) Abatement: (1) All unsafe buildings, structures or systems are hereby declared illegal and shall be abated by repair and rehabilitation or demolition. (2) All swimming pools or spas that contain stagnant water or do not conform with Section 2 .2.17 of the Florida Building Code are deemed unsanitary and/or dangerous to human life and public welfare. if the stagnant water is not removed and/or all repairs made and brought into full compliance with the building code within a reasonable period of time, then these swimming pools or spas will be demolished. d Notice. when the building official or his/her authorized designee has after inspection deemed a budding, structure, electrical, gas, mechanical or plumbing system to be unsafe, then the building official or his/her authorized designee shall provide a written unsafe declaration specifying the unsafe physical criteria, the suggested methods for abatement or remediation, the time allowed for the abatement or rerne Nation and that the matter will be referred to code compliance after the time prescribed by the building official for that particular declaration. The written unsafe declaration shall be marled to the owner of the property in question at the address listed in the tax collector's office for tax notices via first class mail. If the unsafe physical criteria is not abated or remedied within the designated reasonable period of time prescribed by the building official or his/her designee, then the matter shall be referred to code compliance. This provision does not supersede the authority of the building official under the Florida Statutes or the Florida Building Code. (Cock 1971). � 0-4- E-LI . No, 0 10-,{ }0 01,& No. 01 .. 20WS. � � 1. 2. (4d , No. () `- 2()1 1. 1 � Page CL W4 Krto Win st 0 u go In EA'l 1 t r.; * -, k X' f m R �' i „Ilr• • x� i j o �'}�!• . Jr h1 V +tea -4m0 17di mm MYZ G7 :. z m --I r 0 w 'm z; 0 Z x >. OD�a, b + zzmlw T. rn lid- r / 0 z x z c z F M m m 5+ 'm O 0 m r a� (n #i7 W . • ';2$� TIrk z+w 0 ,#'•ilk, . 44 + k / 1 4 IL +� vi . f lE r �' A � x y A, „ E C rn Z `4h CD to M7. ilk ya +JL n a :E:EO0 - 4 �4 Rl + _ ]p .-. c►' _ 4 IF > +. U7 X V e *yF z i Ixa i Cc r rnmM-r- fpj .4 taw- r ,lip .Y. . :.* f j. .- r R lie As N .� iT rrc i - .�. 3 -.41 FJCI7YF/AIR/R aFrRRsf GI# J fliJs SSW MONT STREET '-STor,KISLAIWO,Fi- 3MIWWO - RF'v7�:lOwS `1k1,�'lA_ I/yM1WYlOrs � _ 'I 4:',�� • I+_u�Jt' :. 4' 4' i ',I I rJ . f"� "4�1'.'I='�' '1r�'..5'jsY.l '- i f� r^ f� C C L7 - — -- ALLEN €. PEREZ P.E- ENGINEER Kry Wr+��Orrice — -- — I Flstl■ PF NO. Si{69—r,r.-�T AM 27 2015 r:. -