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R. County AttorneyC UNTY SO�MONROE K" WESTLOF40A330-10 lees? 2%-4UI 5uzanne A. Hutton, County Attorney'"* Robert B. Shillinpf, Chief Assistant County AUarney a• Pedro J. Mercado, Assistant County Attorney Susan M. Grimsley, Assistant County Attomey Natiieme W. Cassel, AsMsta a County Anorney Cynthia D. Hall, Assistant County Attorney •• Board Certified in City. Comity do Local CAM. raw COUNTY ATTORNEY RF.P IRT To: Mayor DiGennaro & County Commissioners Tom Willi, County Administrator From: Suzanne Hutton, County AttorneyFVI C Date: March 6, 2.007 IQM OF Mayor Mario Di Gmvmro, DisW 4 Mayor Pro Tern Dwe M. 5pettar, District i Geor" Nft9wit, District z Cherries °Scary' Mc , DWkt 3 SyMa 3. Murphy, DisM 5 Offke of the Oxwoty Attion" PO Box 1026 Key Wed, FL 33041-1026 (305) 292-3470 -- Phone (305) 292-3516 — Fax Attached hereto, please find a copy of the resignation of special counsel to the Workforce Housing Task Force, Jerry Coleman, effective at the close of business on April b. , 2007. Items upon which the County Attorney's Office are working which have previously been items on your agenda and for which you may find an update of interest: 1. Freeman Justice Building, Pavers and Stone contract. Pursuant to the discussion of the February 21, 2007 meeting, a new contract was prepared for Pavers & Stone. it was returned by counsel for the contractor yesterday and Ms. Cassel is working on incorporating, denying and negotiating the requested changes. 2. Pigeon Key. I received some information that the Foundation's bookkeeping is done on Quickbooks, and have asked Mr. Rhyne to acquire certain financial statements from the Foundation's previous accountant. He has indicated he will do so. In the meantime, 990's for fiscal years ending June 30, 2002, 2003 & 2004 were retrieved from the Guidestar website & are attached hereto for your information. it should be noted that during that time period the program services, the primary agreement having been with World Strives, were between $383,922 and $481,861 per year during that time period Also attached is a copy of a February 21, 2007 letter from DEP regarding the possible settlement of the outstanding environmental infractions by PKF. JERRY COLEMAN, P.L. 201 Front Street, Suite 203 Key West, Florida 33040 (Admitted Florida and New York) Jerry Coleman, Esq. Email: jet'tycoleinanpl@bellsoutli.net Tel: 305-292-3095 r.�•en�lr�� Ms. Suzanne A. Hutton, Esq. MONROE COUNTY ATTORNEY Key West, Florida 33040 RECEIVED MAR 0 2 2007 MONROE COUNTY ATTORNEY Truman Annex Building 21 Second Floor Fax: 305-296-6200 March 2, 2007 Re: Monroe County Workforce Housing Task Force Consultant to and Legal Advisor Contract: Agreement Number CAY-CON-2005-07-01, dated 8-17-05 NOTICE OF TERMINATION Dear Suzanne: Please be advised that our office hereby gives termination notice to you, as the County's designated contact person, with respect to the above -referenced contract. Pursuant to Rule 4-1.16 of the Rules Regulating the Florida Bar, we understand and fully acknowledge our office's ethical obligations to provide our client, the County, reasonable notice of termination of our agreement to provide representation and consulting services. To that end, through Friday, April 6, 2007 (i.e., the day following the next and only currently scheduled April 5 Task Force meeting) we will make every effort to continue to provide agreed services at the same level as we have provided services over the last four (4) months (e.g., up to 40 to 50 hours through April 6), Suzanne, I thank you and your fine office of very professional, dedicated, hard-working and ethical attorneys with whom I have thus far had the privilege to work. I also wish to thank your support staff and the Divisions of Growth Management and Housing and Economic Development staffs, along with our Mayor and County Commissioners, our County Administrator and his staff —and especially all present and past Task Force members. I greatly appreciate their and other community support for and unwavering commitment to tackling the County's housing challenges and the innumerable other complicated and land use legal issues which, quite frankly, I believe are going to become more, not less, challenging —and sooner rather than later. JC/sm Florida epar Governor ent ®f Charlie Governor Environmental Protection Jeff Kottkamp South District Marathon Branch Lt. Governor 2796 Overseas Highway Suite 221 Michael W. Sole Marathon, Ft.33050 Secretary 305-289-2310 February 21, 2007 Jim Rhyne, Chairman Pigeon Key Foundation, Inc. PO Box 500130 Marathon, FL 33050 RE: Monroe County - TK / HW Pigeon Key Foundation, Inc Facility ID # 9103177 Dear Mr. Rhyne: Thank you for meeting with the Department on February 20, 2007, to discuss the issues raised in the Department's January 22, 2007 warning letter. At the start of that meeting, the Department requested clarification as to who was the delegated authority assigned to represent the interest of the Pigeon Key Foundation Inc. (Foundation) during the Department's enforcement actions. Mr. Rhyne stated that he had been appointed and authorized to act on behalf of the Foundation's interest. We have since received written confirmation from the Foundation on Mr. Rhyne's appointment. The alleged violations were discussed as well as their associated civil penalties. Foundation representatives agreed to take corrective actions to bring the facility into compliance with Department regulations. Mr. Rhyne stated that a consultant had been retained and that corrective measures had already begun. Department personnel were in agreement that many corrective actions had been initiated. Settlement options through a Consent Agreement for bringing the facility into compliance, including any associated civil penalties, were also discussed. With regard to civil penalties, the Department proposed allowing the Foundation to offset these penalties through an in -kind project. Please be advised that any proposed in -kind project is subject to Department approval and must be at a rate equal to or greater than 1.5 times the associated civil penalty. Additionally, administrative cost may not be offset by any such in -kind project. Department settlement guidance on in -kind projects was provided during these discussions. Continued .... Pigeon Key Foundation, Inc, Facility ID # 9103177, Follow-up February 21, 2007 Page 2 of 2 Foundation representatives agreed to provide the Department a response within two (2) weeks as to their willingness to enter into a consent agreement and with their proposals for any in -kind projects, If you have any questions on this matter, please feel free to contact me directly. We look forward to your continued cooperation in this matter. Sincerely, Edward O. Russell, Jr. Environmental Specialist III cc: Charles Emery III, FDEP Ft. Myers Vince Mele, FDEP Ft. Myers Marjorie Mearns, Executive Director, Pigeon Key Foundation, Inc. Thomas J. Willi, County Administrator Suzanne Hutton, Monroe County Attorney file "Afore Protection, Less Process wmv. dep.stute. fl. us Form-990Return of Organization Exempt frcim Income Tax Under section 601(c), 527, or 4947(aX1) of the Internal Revenue Code (except Mackk Lung benefit trust or private foundation) Department of the Treasury Iniamal Revenue Servrco The organization may have to use a copy of this return to satisfy state reporting req OMB No 1545 0047 2003 Open to Public inspection A For the 2003catendar year, or tax year beginning 7/01 ,2D03, and ending6/30 , 2004 13 Check if applicable D Employer Idartttrreation Number Address change IRS label PIGEON KEY FOUNDATION, INC. 65-0379803 Name change or print arrype, PO BOA' 500130 E Telephone number 5aa MARATHON, FL 33050 Initial return specific Final raiurn instruc- bons. F Accourrl,ng rnethed. Cash }� Accrual Amended return Otter (specify) it, Applicalion pending o Section 501(CX3) organizations and 4947(a)(1) nonexempt H and are notappficabib to sacbon 527organizations charitable trusts must attach a completed Schedule A p H (a) Is t Yes his a group return for affd�tas� � No (Form 990 or 990�IWZ). 1^a Web site: I- /A H (b) It 'Yes,' enternimberof affiliates H (C) Are all affiliates mcludod7 Yes He .1 Organization ty a {check onI one ® X 501(c) 3 (insert no) 4947(a)(1) or ` (If 'No; altach a list Soo insbuchons ) K Check here • if the organization's gross receipts are normally not more titan H (d) Is this a separate return filed by an $25,000. The organization need not file a return with the IRS, but if the organization , organiiahon covered by a group ruling Yes R No received a Form 990 Package in the mail, it should file a return without financial data, I Group Exem tion Number t- Soule states require a complete return. M Check if the organization is not required L Gross receipts- Add lines 6b, 8b, 9b, and 10b to line 12 is 596, 323. to attach Schedule B (Form 990, 990•EZ, or 9W.PF). Pars [ I Revenue. Exioenses. and Channes in Net Assets or Fund Ralances rsnP Inctnirfrnnel W 1 Contributions, gifts, grants, and similar amounts received. a Direct public support 1 a 32, 578 . ( b Indirect public support 1 b 3 i r c Government contributions (grants) 1 c d lathrd ghlIc {cash $ 32, 578. noncash $ ) 2 Program service revenue Including government fees and contracts (from Part VII, line 93) 3 Membership dues and assessments ld 32,578. 2 383,922. 3 2,041. 4 60. y 4 Interest on savings and temporary cast investments 5 ' 5 Dividends and interest from securities 6a Gross rents I 6a b Less rental expenses I 6b c Net rental income or (loss) (subtract ling 6b from line 6a) 6c 7 R v E H 7 Other investment income (describe ® 8a Gross amount from sales of assets othitr (A) Securities (B) Other than invent Sa b Less cost r others�~,, tese�xp: Bb l '�f� C Galn ar (foss {L8c (A) and (B)) 9 Special ect�Itbs ch sle). It any amount is from gaming, check herea d Net gain rmbine line 8c, coMOW 8d Gross re enuding of contributions reporte on lino � � —� 9a 83,346. b Less direc e ef'thndrt i ing expenses 9b 58,215. c Net income or (loss) from special ev (subtract line 9b from line 9a) Statement 1 9c 25,131. 10a Gross sales of inventory, less returns aid allowances 10a 90,422.. b Less. cost of goods sold I 10bl 51, 17 9 . c Gross profit or (loss) from sales of inventory (atta:h schedule) (subtract line 10b from line 10a) Statement 2 10c 39,243. 11 3,954. 11 Other revenue (from Part VII, line 103) 12 Total revenue add lines 1d, 2, 3, 4, 5, ic, 7, 8d, 9c, 14c, and 11 12 1 486 929. E x P E H E s 13 Program services (from line 44, column (13)) 14 Management and general (from line 44. column (C)) 15 Fundraising (from line 44, column (D)) 16 Payments to affiliates (attach schedule; 17 Total expenses (add lines 16 and 44, column (A)) 13 136,224, 14 404,603. 15 11,813. 16 17 552,640. A 18 Excess or (deficit) for the year (subtrac line 17 from line 12) 18 —65, 711. E s r T 19 Net assets or fund balances at beginnir g of year (from line 73, column (A)) 20 Other changes in net assets or fund ba ances (attach explanation) 19 1,452,977. 20 s 21 Net assets or fund balances at end of ear (combine lines 18, 19, and 20) 21 1, 387, 266. HAA For Paperwork Reduction Act Notice, see tie separate instructions. TEEAD107L 10103103 Form 990 (2003) Form 990 2 03� PIGEON KEY FOUNDATION 65-0379803 Page 2 tLart Statement of Functional Ex ,nse5 All organizations must complete column (A). Columns (B), (C), and (D) are required for section 501(c)(3) and ( ) orrgan€zat€ons and section 4947(a)(1) nonexempt charitable trusts but optional far others. Do not include amounts reported on line 6b, 8b, 9b, 10b, or 16 of Part 1. (A) Total (B) Program services (C) Management and general Fundraising (D) 9 22 Grants and allocations (att sch) (cash $ non -cash $ ) 23 Specific assistance to individuals (att sch) 24 Benefits paid to or for members (att sch) 25 Compensation of officers, directors, etc 26 Other salaries and wages 27 Pension plan contributions 28 Other employee benef€t-, 29 Payroll taxes 30 Professional fundraising fees 31 Accounting fees 32 Legal fees 33 Supplies 34 Telephone 35 Postage and shipping 36 Occupancy 37 Equipment rental and maintenance 38 Printing and publications 39 Travel 44 Conferences, conventions, and meetings 41 Interest 42 Depreciation, deplebon, etc (attach schedule) 43 Other expenses not covered above (itemize) a See Statement 3 b d — — — — — — — — — — — — — — — — — — — e — — — 44 Total functional expenses (add Ines 22.43 Oarrry esseto Ist0lines133- 5 (B)-(t), 22 23 24 25 33,100. 33,100. 25 158,332. 20,691. 137 641. 27 2a 3,777. 3,777. 29 22,551. 2,552. 19,999. 30 31 6,500. 6 500. 32 33 15,073. 7,630. 7,443. 34 5 428. 5,428. 35 1,374. 708. 666. 36 38,418. 38,418, 37 38 39 946. 946. 40 41 3,344. 579. 2,765. 42 65,784. 65,784. 43a 198 013. 104 064. 82,136. 11,813. 43b 43d 43e 44 552,640.1 136,224.1 404 603. 11,813. Joint Costs. Check ®[J if you are following SO' 98-2, Are any joint costs from a combined educational ce mpasgn and fundraising solicitation reported in (8) Program services? r� Yes 0 No If `Yes,' enter (i) the aggregate amount of these joint costs $ ; (ii) the amount allocated to Program services $ ; (iii) the amount allocated to Management and general $ ; and (W) the amount allocated to Fundraising $ What is the organizations primary exempt purpose? > RESEARCH AND EDUCATION _ _ Program Service Experses All organizations must describe their exempt purpose ach€evee enis in a clear and concise manner. Stale the number of °r�)e) °d for atims501 (a and clients served, publications issuers, etc. Discuss actrrevemenls that are not measurable. (Section 501(c)(3) & (4) organ- dSa��jCll�trusts, bin`„ rzations and 4947(a)(1) nonexempt charitable trusts must also enter the amount of grants & allocations to others) ophonall or others ) a MANAGING AND IMPROVING THE ISLAND OF PIGEON KEY, A NATIONAL HISTORIC REGISTER LQCATION, AND PRO`rIDE A SITE FOR RESEARCH, EDUCATIONAL AND ---------------------------------------- (Grants and allocations $ ) W ------------------------------------------------------ ----------------------_--------------------------------- Grants and allocations $ c ----------------------------------------------------- ------------.-......---------------..........----------------------. (Grants and allocations $ ) d ..._....__—....__.-...._.......__..—_.. —---------------------------------. -•------•-----------------------------------------------.. -- -- - --_ - (Grants and allocations $ ) e Other pr f Total of BAA services Service and allocations line 44, column (8), Progra€ TEEa,0102L 1=3I03 0. 136, 224. Form 990 2003 PIGEON KEY FOUNDATION, INC. 65-0379803 Page 3 Ad Balance Sheets (See Instruction;) Dote: Where required, attached schedules and amounts within the description column should be for end -of -year amounf s only. (A) Beginning of year (B) End of year 45 Cash — non -interest -bearing 14,828. 45 60,543. 11,038. 46 13,959. 46 Savings and temporary cash investmients 47a Accounts receivable 47al 23,031. b Less. allowance for doubtful accounts 47b 68,751. 47e 23(031. 48a Pledges receivable 48a b Less. allowance for doubtful accounts 48b 48c 49 49 Grants receivable Sti A s r s 50 Receivables from officers, directors, trustees, and key employees (attach schedule) 51 a Other notes & loans receivable (attach sch) 51al b Less. allowance for doubtful accounts 51 bj 51 c 52 Inventories for sale or use 31,274. 52 25,738. 53 Prepaid expenses and deferred charces 21,958. 53 20,668. 54 Investments — securities (attach schedule) ■� Cost FMV 54 55a Investments — land, buildings, & equipment. basis I 55a b Less, accumulated depreciation (attach schedule) I 55b s5c 56 56 investments — other (attach schedule) 57a Land, buildings, and equipment. base. Val 1,711,712. b Less, accumulated depreciation (attach schedule) Statement 4 57b 388, 841. 1,3B7,379. 57c 1,322,871. 18,811. 58 18, 811. 58 Other assets (describe . See Statement 5 ) 59 Total assets (add lines 45 through 58 (musi equal line 74) 1, 554, 039. 59 1, 485, 621. 60 Accounts payable and accrued expenses. 57,357. 60 69,888. 61 e 4 t s 61 Grants payable 62 Deferred revenue 63 Loans from officers, directors, trustees, and key employees (attach schedule) 64a Tax-exempt bond liabilities (attach scledule) b Mortgages and other notes payable (attach scheJule) 65 Other liabilities (describe s See Statement 6 ) 62 63 64a 32, 907 . 64b 10,784. 10,798. 65 17,683. 66 Total liabilities (add lines 60 through 55) 101,062. 66 98,355. N Organizations that follow SFAS 117, check here ► X and complete lines 67 through 69 and lines 73 and 74. A 67 Unrestricted 1, 452, 977. 67 1, 387, 266. 68 68 Temporarily restricted 69 69 Permanently restricted Organizations that do not follow SFAS 117, (heck here ❑ and complete lines 70 through 74. 70 Capital stock, trust principal, or current funds 76 71 a 71 Paid -in or capital surplus, or land, bu Iding, and equipment fund 72 Retained earnings, endowment, accumulated income, or other funds, 72 1, 452, 977. 73 1,387,266. s 73 Total net assets or fund balances (add lines 67 through 69 or lines 70 through 72, column (A) must equal line 19, column (B) must equal line 21) 74 Total liabilities and netassetslfund balances (add Imes 66 and 73) 1 554, 039. 74 1, 485, 621. Form 990 is available for public inspection and, for some people, serves as the primary or sole source of information about a particular organization, How the public perceives an organi.mbon in such cases may be determined by the information presented on its return. Therefore, please make sure the return is complete and accarate and fully describes, in Part III, the organization's programs and accomplishments. SAA TEEA0103L 1010111M • e Form 990 f20031 PTGROM KEY POW)ATTON_ TNr _ F5-ng7QQng L7e A P9f# IVAI Reconciliation of Revenue per Audited Financial Statements with Revenue per Return (See instructtom.) P-Aft" Reconciliation of Expenses per Audited Financial Statements with Expenses per Return a Total revenue, gains, and other support per audited financial statements a 486 929. a Total expenses and losses per audited financial statements a 552,640. b Amounts included on line a but not on line 12, Form 990 b Amounts included on line a but not on line 17, Form 990. (1) Net unrealized (1) Donated serv- gains on investments $ ices and use of facilities $ (2) Donated sere- ices and use of facilities $ (2) Prior year adjust - ments reported on line 20, Form 990 $ (3) Recoveries of prior year grants $ (3) Losses reported on line 20, Form SIM $ (4) other (specify). (4) Other (specify). __$ Add amounts on lines (1) through (4) ® b Add amounts on tines (1) through (4) b c 486, 929. c 552,640. c Line a minus line b ► c Line a minus line b ® d Amounts included on line 12, Form 990 but not on line a: d Amounts included on line 17, Form 990 but not on line a: (1) Investment expenses (1) Investment expenses not included on line 6b, Form 990 $ not included on line 6b, Form 990 $ (2) Other (specify) (2) Other (specify). ---__ _ $ ---__.......__$ Add amounts on lines (1) and (2) ® d Add amounts on lines (1) and (2) d e 486, 929. e 552, 640. e Total revenue per line 12, Form 990 (line c plus line d) ® a Total expenses per line 17, Form 990 (line c plus line d) ► V I t_tsi Or_VMcers ufremor5 l ItusieeS ana ney tin 10 ees (List each one even if not coin ensaled, see instructions. (S) Title and average hours (c) Compensation (D) Contributions to (t7 Expense (A) Name and address per week devoted (if not paid, employee benefit account and other to position enter 40 plans and deferred allowances compensation David Makeveace _ _ _ - - - - _ _ President 0. 0. 0. , 3 Jim Rhyme-------------- Vice President 0. 0. 0. --------------------- Marge-Mearns _ _ - - - - - - - - _ T-easurer 0. 0. 0. Debbie Harrison - - - - - _ _ - _ Secretary 0. 0. 0. Sherri Hitz-_---------- E:cecutive Direc 33,100. 0. 0. 41) 0. 0. 0. None 75 Did any officer, director, trustee, or key employee receive aggregate compensation of more than $100,000 from your organization anc all related organizations, of which more than $10,000 was provided by the related orga nizations? ® Yes N No If 'Yes,' attach schedule -- see instructiors. BAA Form 990 (2003) TEEA01 oat,. 1 oro21o3 Form 990 2003 PIGEON KEY FOUNDATION, INC. 65-0379803 Page 5 PartVt_, Other Information (See instruct ons.) Yes No 76 Did the organization engage in any activity iot previously reported to the IRS? If 'Yes,' attach a detailed description of each activity 77 Were any changes made in the organizing or governing documents but not reported to the IRS') If 'Yes,' attach a conformed copy of the chi nges. 78a Did the organization have unrelated busine:,s gross income of $1,000 or more during the year covered by this return? . . b If 'Yes,' has it filed a tax return on Form 9911-T for this year? 79 Was there a liquidation, dissolution, termination, or substantial contraction during the year? If 'Yes,' attach a statement 80a is the organization related (other than by w.sociation with a statewide or nationwide organization) through common membership, governing bodies, trustees, officers, etc, to any other exempt or nonexempt organizations 80a X b If 'Yes,' enter the name of the organization ► _N/A T ^ ^ ^ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ _ _ _ — — _ _ — _ and check whether it is T] exempt or nonexempt. 81 a Enter direct and indirect political expenditures See line 81 instructions I 81 a 0 . b Did the organization file Form 1120-POI. for this year? 81 b X 82a Did the organization receive donated servicas or the use of materials, equipment, or facilities at no charge or at substantially less than fair rental value? . 82a X b If 'Yes,' you may indicate the value of these items here. Do not include this amount as revenue in Part I or as an expense in Part II (See instructions in Part Ili.) 1 82b N/A 83a Did the organization comply with the public inspection requirements for returns and exemption applications? 83a X b Did the organization comply with the disclosure requirements relating to quid pro quo contributions? 83b X 84a Did the organization solicit any contribution, or gifts that were not tax deductible? 84a X b It 'Yes,' did the organization include with every solicitation an express statement that such contributions or gifts were not tax deductible. 84b N A 85 501(c)(4), (5), or (6) organnzalrons, a Were wbstantially all dues nondeductible by members? 85a N A b Did the organization make only in-house lobbying expenditures of $2,000 or less? 85b N A 1f 'Yes' was answered to either 85a or 85b, do not complete 85c through 85h below unless the organization received a waiver for proxy tax owed for the prior year c Dues, assessments, and similar amounts fr)m members 85c N/A d Section 162(e) lobbying and political expenditures 85d N/A e Aggregate nondeductible amount of section 6033(e)(1)(A) dues notices 85e N/A f Taxable amount of lobbying and political expenditures (line 85d less 85e) 85f N/A g Does the organization elect to pay the section 6033(e) tax on the amount on tine 85f7 85g NIA h If section 6033(e)(1)(A) dues notices were sent, does it organization agree to add the amount an line 85f to its reasonable estimate of dues allocable to nondeductible lobbying and political expenditures for the following tax year? 85h N A 86 501(c)(7) organizations. Enter a Initiation fees and capital contributions included on line 12 862 N/A b Gross receipts, included on line 12, for pub is use of club facilities 86b N/A 87 501(c)(12) organizations Enter a Gross income from members or shareholders. 87a N/A b Gross income from other sources. (Do not iiet amounts due or paid to other sources 87b N/A against amounts due or received from then .) 88 At any time during the year, did the organization own a 50% or greater interest in a taxable corporation or partnership, or an entity disregarded as separate from the organization under Regulations sections 301.7701.2 and 301.7701-3? It 'Yes,' complete Part IX 88 X 89a 501(c)(3) organizations Enter, Amount of tox imposed on the organization during the year under, section 4911 ► 0 . , suction 4912> 0 . , section 4955 b 501(c)(3) and 501(c)(4) organizations. Did the organization engage in any section 4958 excess benefit transaction during the year or did it become aware of an excess benefit transaction from a prior year? If 'Yes,' attach a statement explaining each transaction 89b X c Enter. Amount of tax imposed on the organization managers or disqualified persons during the year under sections 4912, 4955, and 4958 0. d Enter Amount of tax on line 89c, above, re mbursed by the organization 0. 90a List the states with which a copy of this reti. rn is filed ► _FLOR_I_DA_ _ _ _ _ _ _ _ _ _ _ _ _ _ b Number of employees employed in the pay period that includes March 12 2003 (See instructions.) _ _ _ _ _ _ _ W - * - 90b — _ _ 14 91 The books are in care of ► SHERRI H_TZ_ Telephone number ► _ _ _ _ _ _ _ _ _ _ _ _ _3_05_•-289—_0_02_5_ _ _ Locatedats_P_O_B_0_X_5_0_O1_3_O,i MA CHON,_FL---------------------- ZIP +4> 33050 T T 92 Section 4947(a)(1) nonexempt charitable trusts filing Form 990 in lieu of Farm 1041 ••- Check here N/A ®-0 and enter the amount of tax-exempt interest received or accrued during the fax ear ® 92 N/A BAA Form 990 (2003) TEEA0105L 12223103 • s' Form 946 (2003)PIGEON KEY FOUNDATION INC. 65-0379803 Page 6 I�Pnrf Vill I Analvick of Insnmca-Prnrlllr-ifin ArflwiflAc Mpp incfri irf,nnc ) Note: Enter gross amounts unless otherwise indicated 93 Program service revenue. a ADMISSIONS b SITE USAGE FEES c d 0 f Medicare/Medicaid payments g Fees & contracts from government agencies 94 Membership dues and assessments 95 Interest on savings & temporary cash invmnts 96 Dividends & interest from securities 97 Net rental income or (loss) from real estate a debt-ftnanced property b not debt -financed property 98 Net rental income or (loss) from pets prop 99 Other investment income 100 Gain or (loss) from sales of assets other than inventory 101 Net income or (loss) from special event& 102 Gross profit or (loss) from sales of Inventory 103 Other revenue a b OTHER INCOME e Unrelated business income Excluded b section 5.12, 513, or 514 Related or exempt function income (A) B islness code (a) Amount (C) Exclusion code (D} Amount 58,487. 325,435. 2,041. 60. 25,131, 394243. 3,954. d e 104 Subtotal (add columns (8), (D), and (Q) 454 351. 105 Total (add line 104, columns (B), (0), and (E)) Note: Line 105 plus line 1d. Part 1, should equal the amount on line 12. Part 1. P. 4t�4,Jilt) 1. Patt Vill Relationship of Activities to the Accomplishment of Exempt Purposes (See instructtons. Line No, Explain how each activity for which income is reported In column (E) of Part VII contributed importantly to the accomplishment of the organization's exempt purposes (other than by providing funds for such purposes). 93 CHARGES TO PUBLIC AND SCHOOL GROUPS FOR TOURS OF PIGEON KEY. THE TOURS ARE TO EDUCATE VISITORS ABOUT THE HISTORY AND ENVIRONMENTAL SIGNIFICANCE OF THE ISLAND, ALSO CHARGE RESEARCH GROUPS WHICH USE THE ISLAND FOR MARINE ECOLOGY STUDIES. Watt l Information Regarding Taxable Subsidiaries and Disregarded Entities (See instructions. (A) Name, address, and EIN of corporation, partnership, or disregarded entity (8} Percentage of ownership interest (G) Nature of activities (D) Total income (E) End -of -year assets N/A % Dart X I Information Regarding Transfers Associated with Personal Benefit Contracts See instructions. a Did the organization, during the year, receive any funds directly or indirectly, to pay premiums on a personal benefit contract? Yes N No b Did tit aniz �on,,�Fom e year, pay premiums, directly or indirectly, on a personal benefit contract? HYes ENO Note: tf 'Ye ' 70 and Form 4720 a instructions . Under pe os o riury, f late ve -•xammed this return, including accompanying schedules and statements, and �Ihb.ast my knoMedge and belief, it is true, corre c ploa ion o1 prepE ref (other than officer) is based on all informahon of which preparar hasany Please® —... 1 �5 Hate inn Check if f Prepar is SSN or FTIN (see soli r Gcnafa� is V4 SCHIfDULE A Organization Exempt Under (Form 990 or 990-EZ) Section 501(c)(3) (ExPrivate cept xolk), 501n), or Section Foundation) and Nonempt Charitable Trust Suppi imentary information -•- (See separate instructions.) Oapartmont of the Treasury internal Revenue serv€ce ' MUST be completed by the above organizations and attached to their Form 990 or 990-FZ. Name of the organrzatran OMB No 35450047 Employer €denbrication number I.rt.f.-.........I Compensation of the Five Highest Paid Employees Other Than Officers, Directors, and Trustees (See instructions List each one. If there are none, enter 'None.') (a) Name and address of each employee paid more than $50,000 (b) Title and average hours per week devoted to position (c) Compensation (d) Contributions to employee benefit plans and deferred compensation (a) Expense account and other allowances None ------------------------- ------------------- W--__-- ------------------------- ------------------------- Total number of other employees paid over $50,000 011 0 [Part tf1 Compensation of the Five Highest Paid Independent Contractors for Professional Services (See instructions. List each one (w7ether individuals or firms). If there are none, enter 'None.') (a) Name and address of each independent r,ontractor paid more than $50,000 (b) Type of service (c) Compensation None --_----------------------------------_-_- ----------------------------------------- ----------------------------------------- ---------------------------------------- Total number of others receiving over professional $50,000 for rofe55ional services, ,.01 ®AA For Paperwork Reduction Act Notice, see t to Instructions for Form 990 and Form 990•EZ, Schedule A (Form 990 or 990-EZ) 2003 TEEA0401 L 08128103 Schedule A (Form 990 or 990-EZ) 2003 PIGEON KEY FOUNDATION, INC. 65--0379803 Paqe 2 Part tE Statements About Activities (see instructions) Yes No 1 During the year, has the organization attempted to influence national, state, or local legislation, including any attempt to influence public opinion on a legislative natter or referendum? If 'Yes,' enter the total expenses paid or incurred in connection with the lobbying activities la $ N/A (Must equal amounts on line 38, Part VI -A, or line i of Part VI-B.) 1 X Organizations that made an election under section 501(h) by fling Form 5768 must complete Part VI -A. Other organizations checking 'Yes,' must complete Part VI-8 AND attach a statement giving a detailed description of the lobbying activities. 2 During the year, has the organization, either directly or indirectly, engaged in any of the following acts with any substantial contributors, trustees, directors, officers, creators, key employees, or members of their families, or with any taxable organization with which any such pf-rson is affiliated as an officer, director, trustee, majority owner, or principal beneficiary? (If the answer to any question is 'Yes,' attach a detailed statement explaining the transactions.) a Sale, exchange, or leasing of property? 2al X b Lending of money or other extension of credit? 2b X c Furnishing of goods, services, or facilities? 2c X d Payment of compensation (or payment or reimbursement of expenses if more than $1,000)? 2dl X e Transfer of any part of its income or assets � 2e X 3a 3a Do you make grants for scholarships, fellm%ships, student loans, etc? (If 'Yes,' attach an explanation of how you determine that recipients qualify to receive payments.) 3b4 tXb Do you have a section 403(b) annuity plan for your employees? 4 Did you maintain any separate account for participating donors where donors have the right to provide adviceon the use or distribution of funds? �Reason for Pion -Private Foundation Status (See instructions) The organization is not a private foundation beca ise it is. (Please check only ONE applicable box ) 5 A church, convention of churches, or association of churches Section 170(b)(1)(A)(1). 6 A school. Section 170(b)(1)(A)(ii). (Alsc complete Part V.) 7 A hospital or a cooperative hospital service organization. Section 170(b)(i)(A)(iu). 8 A Federal, state, or local government or governmental unit Section 170(b)(1)(A)(v). 9 A medical research organization operated in conjunction with a hospital. Section 170(b)(1)(A)(in) Enter the hospital's name, city, andstate _______________________________________________________ 10 An organization operated for the benefit of a college or university owned or operated by a governmental unit. Section 170(b)(1)(A)(€v). (Also complete the Support Schedule in Part IV -A ) 11 a X❑ An organization that normally receives s substantial part of its support from a governmental unit or from the general public. Section 170(b)(1)(A)(vi). (Also complete- the Support Schedule in Part IV -A.) 11 b A community trust Section 170(b)(1)(Ai(v€). (Also complete the Support5chedule in Part IV -A) 12 ❑ An organization that normally receives. (1) more than 33-113% of its support from contributions, membership fees, and gross receipts from activities related to its charitable, :tc, functions — subject to certain exceptions, and (2) no more than 33-1t3% of its support from gross investment income and unr0ated business taxable income (less section 511 tax) from businesses acquired by the organization after June 30, 1975. See section 509(a)(2). (Also complete the Support Schedule in Part IV -A.) 13 An organization that is not controlled by any disqualified persons (other than foundation managers) and supports organizations described in (1) lines 5 through 12 abo re, or (2) section 501(c)(4), (5), or (6), if they meet the test of section 509(a)(2). (See section 509(a)(33) ) Provide the following information about the supported organizations. (See instructions.) Qi) Name(s) of supported organization(s) (b) Line number from above 14 n An organization organized and operatt to test for public safety. Section 509(a)(4). (See instructions.) SAA TEEA0402L OIR9104 Schedule A (Form 990 or Form 990•EZ) 2003 Schedule A (Form 990 or 990•EZ) 2003 PIGEON KEY FOUNDATION, INC. 65-0379803 Page 3 fit'$ tV-A. Support Schedule (complete -)nty if you checked a box on line 10, 11, or 12) Use cashnrethad afaccaunting. Note: You may use the worksheet m the instructs ins for converting from the accrual to the cash method of accounting. Calendar year or fiscal year ( (a}} (b)) (c) (( e beginning in) 20R2 2001 2000 i99 Total 15 Gifts, grants, and contributions received. (Do not include unusual grants. See line 28 37,252. 246 061. 275,730. 991325. 658,368. 16 Membership fees received 2,730. 4,545. 7,660, 5 075. 20,010. 17 Gross receipts from admissions, merchandise sold or services performed, or furnishing of facilities in any activity that is related to the organization's charitable, etc purpose 5556 861. 655 546. 632 813. 608 878. 2,454,098. 18 Gross income from interest dividends, amounts received from payments an securities loans (section 512(a)(5)), rents, royalties, and unrelated business taxable income (loss section 511 taxes) from businesses acquired by the organ- ization after June30, 1975 261. 324. 681. 1,266. 19 Net income from unrelated business activities not included in line 18 20 Tax revenues levied for the organization's benefit and either paid to it or expended on its behalf 21 The value of services or facilities furnished to the organization by a governmental unit without charge. Do not include the value of services or facilities generally furnished to the public without charge 22 Other income. Attach a schedule. Do not include assets See safe capitin al 7 3,936. 16,091. 6,431, 26,458. 23 Total of lines 15 through 22 601, 040. 922, 567. 916,884. 719, 709. 3,160,200. 24 Line 23 minus line 17 14,179., 267 021. 284, 071. 110, 31.1 706,102. 25 Enter 1% of line 23 6, 010 . 9, 226. 9,169.1 7,197. 26 Organizations described on lines 10 or 11: a Enter 2% of amount in column (e), line 24 a 26a 14,122. b Prepare a list for your records to show the name of and amount contributed by each person (other than a governmental unit or publicly supported organization) whose total gifts for 1999 through 2002 exceeded the amount shown in line 26a. Do not file this list with your return Enter the total of all these excess amounts ® 26b 26c 706,102. c Total support for section 509(a)(1) test. Enter line 24, column (e) ® d Add. Amounts from column (e) for Isnes: 18 11.2.66_._ 19 22 26,458. 26b 26d 27,724. 26e 678,378. e Public support (line 26c minus line 26d Iota) 99( 96.07 % t Public support percentage (line 26e (numerator) divided by fine 26c denominator)) i. 27 Organizations described on line 12: N/ k a For amounts included in lines 15, 16, and 17 that were received from a 'disqualified person,' prepare a list for your records to show the name of, and total amounts received in each year from, each 'disqualified person.' Do not file this list with your return. Enter the sum of such amounts for each year. (2002) ____________ (2001)_ ...--------(2000)____________ (1999) _______ bFor any amount included in line 17 that was received from each person (other than 'disqualified persons'), prepare a list for your records to show the name of, and amount received foi each year, that was more than the larger of (1) the amount on line 25 for the year or (2) $5,000 (include in the list organizations de ;cubed in lines 5 through 11, as well as individuals.) Do not file this list with your return. After computing the difference between the amount received and the larger amount described in (1) or (2). enter the sum of these differences (the excess amounts) for each year (2002)------............--- (2001).,..-----------(2000)------------ (1999)_____ c Add. Amounts from column (e) for lines. 15 16 17 20 21 1 27e d Add. Line 27a total and line 27b total I27d e Public support (line 27c total minus line 27c total) f Total support for section 509(a)(2) test. Enter amount from line 23, column (e) ®� g Public support percentage (tine 27e (numerator) divided by tine 27f (denominator)) h Investment income percentage (line 1 B. column (e) (numerator) divided by line 27f (denom 28 Unusual Grants: For an organization described in line 10, 11, or 12 that received any unusual grants during 1999 through 2002, prepare a list for your records to show, for each year, the name of the contributor, the date and amount of the grant, and a brief description of the nature of the grant. Do not r file this list with your return. Do not include these grants in line 15, BAA TEEAoao3L oa� rzefa3 Schedule A (Form 990 _. �, or 990-EZ) 2003 Schedule A Zorm 990 or 990•EZ) 2003 PIGEON KEY FOUNDATION INC. 65-0379803 Page 4 art V private School Questionnaire (See instructions.) (ro be completed ONLY by schooh. that checked the box on line 6 in Part 1V) N/A Yes I no 29 Does the organization have a racially nondn;criminalory policy toward students by statement in its charter, bylaws, other governing instrument, or in a resolution of its governing body? 30 Does the organization include a statement cif its racially nond€scnm€natory policy toward students in all its brochures, catalogues, and other written commun€caticns with the public dealing with student admissions, programs, and scholarships? 31 Has the organization publicized its racially Mnd€scnm€natoryry policy through newspaper or broadcast media during the period of solicitation for students, or dui ing the registrat€on period If €t has no solicitation program, in a way that makes the policy known to all parts of the general community it serves? If 'Yes,' please describe, if 'No,' please explain. (If you need more space, attach a separate statement ) -------------------------------------------------------- -------------------------------------------------------- -------------------------------------------------------- ..--_..------------------ -------------------------------------- 32 Does the organization maintain the following, a Records indicating the racial composition of the student body, faculty, and administrative staff? b Records documenting that scholarships anc other financial assistance are awarded on a racially nondiscriminatory basis? c Copies of all catalogues, brochures, announcements, and other written communications to the public dealing with student admissions, programs, and scholarships? d Copies of all material used by the organizai ion or on its behalf to solicit contributions? If you answered 'No' to any of the above, p ease explain (If you need more space, attach a separate statement.) --------------------------------------------.....----•--------- -----------------------------•----------------------------- 33 Does the organization discriminate by race in any way with respect to. a Students' rights or privileges? b Admissions policies? c Employment of faculty or administrative staff d Scholarships or other financial assistance? e Educational polices? f Use of facilit€es? g Athletic programs? h Other extracurricular activities? If you answered 'Yes' to any of the above, please explain (if you need more space, attach a separate statement.) --------------------- ----------------------------......---_.-- -------------------------------------------------------- -------------------------------------------------------- 34a Does the organization receive any financial aid or assistance from a governmental agency? b Has the organizat€on's right to such aid ever been revoked or suspended? If you answered 'Yes' to either 34a or b, ple ase explain using an attached`statement. 35 Does the organization certify that it has sections 4.01 through 4,05 of Rev Proc nondiscrimination? if 'No,' attach an exl ed with the applicable requirements of 1975-2 C.B. 587, covering racial in. M 32a 32c 33a 33 e 33f339 33h 34 BAA TEEA0404L 08lM03 or Schedule A orm 990 or 990-EQ 2003 PIGEON KEY FOUNDATION INC. 65-0379803 Pa e 5 8rt WA. I Lobbying Expenditures by Electing Public Charities (See Instructions.) (To be completed ONLY by an eligible organization that filed Form 5768) NSA chPrk ► a Flif the nrnaniiatton belonas to an affiliated orouo Check > b F1 if you checked 'a' and 'limited control' provisions apply. Limits on Lobbying Expenditures Affiliated group To be ompleted he term 'expenditures' mez ns amounts aid or incurred. (T p P ) totals for ALL electing organizations 36 Total lobbying expenditures to influence public opinion (grassroots lobbying) 36 37 37 Total lobbying expenditures to influence a h-gislative body (direct lobbying) 38 38 Total lobbying expenditures (add lines 36 and 37) 39 39 Other exempt purpose expenditures 40 40 Total exempt purpose expenditures (add Imes 38 and 39) 41 Lobbying nontaxable amount Enter the amount from the following table -- If the amount on line 40 is — the lobbying nontaxable amount is — Not over $500,000 ?0%a of the amount on line 40 Gver $500,000 but not over $1,O00,000 ';100,000 plus 15% of the excess over $500,000 Over $1,000,000 but not over $1,500,000 ';175,001) plus 10% of the excess over $1,000,000 41 Over $1,500,000 but not over $17,000,000 'i225,000 plus 5% of the excess over $1150p 000 Over $17,000,000 $1,000,000 42 Grassroots nontaxable amount (enter 25%, of line 41) 42 43 43 Subtract line 42 from line 36. Enter -0- if line 42 is more than line 36 44 44 Subtract line 41 from line 38 Enter -0- if line 41 is more than line 38 Caution: If there is an amount on either finis 43 or fine 44, you must file Form 4720. 4 -Year Averaging Period Under Section 501(h) (Some organizations that made a section 501(h) election do not have to complete all of the five columns below. See the instructions for lines 45 through 50.) Lobbying Expenditures During 4 Year Averaging Period Calendar year (a) (b) (c) (d) (e) (or fiscal year 2003 2002 2001 2000 Total beginning in) 45 Lobbying nontaxable amount 46 LobbX,Ing ceilingg amount (150, /o of line 45(e)) 47 Total lobbying expenditures 48 Grassroots non- taxable amount 49 Grassroots ceiling amount (150%a of line 48(e)) 50 Grassroots lobbying expenditures art VI-8 Lobbying Activity by Nonelecting Public Charities (For reporting only by organization:. that did not complete Part VI -A) (See instructions.) N/A During the year, did the organization attempt to influence national, state or local legislation, including any Yes No Amount attempt to Influence public opinion on a legislatiw� matter or referendum, through the use of. a Volunteers b Paid staff or management (include compensation In expenses reported on Imes c through h.) c Media advertisements d Mailings to members, legislators, or the public e Publications, or published or broadcast statements f Grants to other organizations for lobbying purposes g Direct contact with legislators, their staffs, c overnment officials, or a legislative body h Rallies, demonstrations, seminars, convent ons, speeches, lectures, or any other means t Total lobbying expenditures (add lines c through h.) If 'Yes' to any of the above, also attach a statement giving -a detailed description of the lobbying activities BAA Schedule A (Form 990 or 990-E2) 20M TEEA04e5L Us;f2 = Schedule A Form 990 or 990•EZ 2003 PIGEON KEY FOUNDATION INC. 65-0379803 Page s Pact Vt€ I Information Regarding Transfers To and Transactions and Relationships With Noncharitable Exempt Organizations (See in3tructions) 51 Did the reporting organization directly or indirectly engage in any of the following with any other organization described in section 501(c) of the Code (other than section 501(c)(3) organizations) or in section 527, relating to political organizations? a Transfers from the reporting organization tc a noncharitable exempt organization of Yes [)Cash 51201 1 (H)Other assets lb Other transactions. nSales or exchanges of assets with a noncharitable exempt organization (H)Purchases of assets from a nonchantable exempt organization (it)Rental of facilities, equipment, or other assets 0v)Reimbursement arrangements b v (v)Loans or loan guarantees b(v) (vi)Performance of services or membership or fundraising solicitations c Sharing of facilities, equipment, mailing list �, other assets, or paid employees c d If the answer to any of the above is 'Yes,' coinplete the following schedule. Column (b) should always show the fair market value of the goods, other assets, or services given by tie re ortin or anization. If the organization received less than fair market value in anytransaction or sharing arrangement, show in column d the value of the goods, other assets, or services received. No X Xb X X X X X X X a Line no. AmountinvolvedName c of nonchantable exempt organization (d) Description of transfers, transactions, and sharing arrangements 52a is the organization directly or indirectly affiliated with, or related to, one or more tax-exempt organizations described in section 501(c) of the Code (otter than section 501(c)(3)) or in section 527? s D Yes Q Ho BAA TEEA046L 09/05103 Schedule A (Form 990 or 990•EZ) 2003 2003 Federal Statements Page 1 PIGEON KEY FOUNDATION, INC. Statement 1 Form 990, fart I, Line 9 Net Income (Loss) from Special Events 65-0379803 Less Less Net Gross Contri- Gross Direct Income Special Events _ Receipts... butigns Revenue ns (Loss) ART FEST 83 3460. 83 346. 58 215. 25 131. Tota:. �. � T 0. 3, 3 6. 131. Statement 2 Form 990, Part I, Line 10 Gross Profit (Loss) From Sales OI Inventory Gift Sinop $ 90,422. Gross Sales 90,422. Less Returns & Allowances ----0_ Net Sales $ 90,422. Less Cost Of Goods Sold 51,179. Gross Profit From Sales Of Inventory 39,243. Statement 3 Form 990, Part II, Line 43 Other Expenses (A) (B) (C) (D) Program Management Total Services_ Gengggl Fundraising Advertising 7,941. 7,941. Attraction fees 51,837. 51,837. Auto/train expense 17,361. 17,361. Bank/credit card fees 4,621. 3,197. 1,424. Dues and subscriptions 783. 783. Event 3,872. 3,872, Insurance 49,731. 49,731. Licenses and permits 3,367. 3,367. Miscellaneous 5,870. 3,555, 2,315, Museum expense 39. 39. Repairs and maintenance 24,516. 24,516. Student meals 28 075, Total 98,0 3. 28,075. 04,064. 82, 36. ,8 3. 1200'3 PIGEON KEY FOUNDATION, INC. Statement 4 Form 990, Part IV, Line 57 Land, Buildings, and Equipment r Accum. Book Category Basis Denrec. Value Automobiles / Transportation Equipment $ 65,544. $ 52,994. $ 12,550. Machinery and Equipment 103,799, 62,202. 41,597. Buildings 1,394,392. 197,126. 1,197,266. Improvements 147 977. 76 519. 71 458. Total 1,711,712. 388,841. ,32 ,871. Statement 5 Form 990, Part IV, Line 58 Other Assets Museum Utility deposits Statement 6 Form 990, Part IV, Line 65 Other Liabilities Advance deposits Payroll tax liabilities Rounding Sales tax payable $ 18,311. 500. Total 8, 8=. $ 13,715. 3,057. 1. 910. Total 17,683. Statement 7 Schedule A, Part IV -A, Line 22 Other Income Descrip-tlon_ _ _ (a) 2002 (b) 2001 (c) 2000 (d) 19.99- (e) Tote Other income $ 3 936. $ 16 091. $ 0. $ 6 431. $ 26 458. Total __ _ - 3,9366, 091. �'0. 6, 431. 26, 458. Fain 990 Return of Organization Exempt From Income Tax obis No 1545-0047 Under section 501(c), 527, or 4947(a)(1) of the internal Revenue Code (except black 2002 • - Department of the Treasury lung benefit trust or private foundation) Internal Revenue Service ® The organization may have to use a copy of this return to satisfy state reporting requirements A For the 2002 calendar year, or tax year beginning JUL 01, 2002, and ending JUN 3 0 , 20 03 g Check tr Please C Name applicoft]� � anization, number and street city, town, street, and ZIP code D Employer Identification number able Use lRS Address change label or 65-0379803 Namachange print or PIGEON KEY FOUNDATION, INC E Telephone number initial return se 305-289-0025 Finalreturn SpectilCC fic PO BOX 500130 F Acctg, method: Cash Accrual strAmended return11 tions. MARATHON FL 33050-0130 Other (specify) 1. Applicalton pending # tiection 501 1clill organizat ons an a nonexempt H and I are not applicable to section 527 organization charitable trusts must attach a completed Schedule A H(a) is th for Q Yes ® No (Form 990 or 990-EZ). is a group reiurn offiliates7 G Web site: ® H(b) If'Yes,-enter number of affiliates PI J organization type(checkenlyone) 501(c) 3 ® (inserino) 4947(ax1)or 527 H(e) Are oil affifialesincluded 7 0 Yes No K Check here if the organization's gross receipts are normally not more than pf'No; aliach alist see instnictions ) $25,000. The organization need not file a return with the IRS: but If the organization H(d) Isth is al on Catered by aled by rufing9 Yes NO received a Form 990 Package in the mail, it should file a return without financial data. Some states require a complete return. t Enter 4-di It GEN IN, M Check I" U if organization is not required to L Gross receipts Add lines 6b, 8b, 9b, and 10b to line 12 ► 601,040. attach Sch B (Form 990, 990- EZ, or 990-PF) Revenue, Expenses, and Changes in Net Assets or Fund Balances (See Specific Instructions) 1 Contributions, gifts, grants, and similar amounts received a Direct public support .. .. la 37,252. b Indirect public support 1 b c Government contributions (grants) 1 c d Total (add lines 1a through 1c) (cash $ 37,252. noncash $ ) _ Id 37,252. 2 385,102. 2 Program service revenue including government fees and contracts (from Part VII, line 93) 3 2,730. 3 Membership dues and assessments 4 interest on savings and temporary cash investments 4 261. 5 AJ 5 Dividends and interest from securities 5, 6 a Gross rents 6a g b Less rental expenses 6b on c Net rental income or (loss) (subtract line 6b from line 6a) 6c 7 Other investment Income (descnbO ) 7 m8 a Gross amount from sales of assets other (A) Securities (B) Other than Inventory 8a b Less cost or other basis & sales expenses 8b c Gain or (loss) (attach schedule) Be _ d Net gain or (loss) (combine line Be, columns (A) and (B)) 8d 9 Special events and activities (attach schedule) r a Gross raven lading $ of I Eorted on line 1a). 9a 7 9 360 . ther than fundraising expenses 9b 56,127. et )tfcgmZ��(Ios m special events (subtract line 9b from line 9a) 231233. 9c 10 roy6i; s le a iinFv less returns and allowances 10a 92,399. bLess lob 52,299. �ftt Ur (Vss) fr' m sales of inventory (attach schedule) (subtract line 10b from line 10a) 40,100. — iec rt Vll, line 103) 11 3,936. 12 Total revenue add lines id, 2, 3, 4, 5, 6c, 7, 8d. 9c, 10c, and Ill__12 492,614. 13 Program services (from line 44, column (B)) - 13 111,816. N tw 14 Management and general (from line 44, column (C)) 14 477,025. 15 Fundraising (from line 44, column (D)) 15 17,278. 'l 16 Payments to affiliates (attach schedule) 16 17 Total expenses add lines 16 and 44, column 17 606,119. m 18 Excess or (deficit) for the year (subtract line 17 from line 12) 18 (113,505.) 2 19 Net assets or fund balances at beginning of year (from line 73, column (A)) 19 1,566,482. .. 20 Other changes in net assets or fund balances (attach explanation) 20 z 21 Net assets or fund balances at end of ear combine lines 18, 19, and 20 21 1,452,977. i1 rur rapurwom rC®RUGIIon Act rioace, see ine separate instructions. e Form 99U (2002) P SCA Copyright form softwa€e only, 2002 Universal Tax Systems. Inc Allrighisreserved USgfl0SS1 Form 990(2002) PIGEON KEY FOUNDATION, INC 65-0379803 Page 2 Statement of All organizations must complete column Columns an are required for Section c and (4) organizations and section 4947(a)(1) nonexempt chantable rusts but optional for others (See Functional Exnenses Sneci c Instruettens t Do not mtlude arnounls reported an lino 6bAb, 9b.10b, or 16 of Fart 1 A) Total (13) Pre�rem 60 leas (C) Mene$emont on �or�1 (D) Fundralsing 22 Grants and allocations (attach schedule) (cash $ noncash $ ) 23 Specific assistance to individuals (attach schedule) 24 Benefits paid to or for members (attach schedule) 25 Compensation of officers, directors, etc 26 Other salaries and wages 27 Pension plan contributions 28 Other employee benefits 29 Payroll taxes 30 Professional fundraising fees . 31 Accounting fees 32 Legaifees 33 Supplies 34 Telephone 35 Postage and shipping 36 Occupancy . 37 Equipment rental and maintenance 38 Printing and publications 39 Travel 40 Conferences, conventions, and meetings 41 Interest. 42 Depreciation, depletion, etc (attach schedule) 43 Other expenses not covered aSEE STMT b above (itemize) 22 I 23 24 25 40000. 40000. 26 224132. 224132. 27 28 9040. 90 4 0 . 29 28792. 3717. 25075. 30 31 5500. 5500. 32 33 9453. 1805. 7 6 4 8. 34 7968. 7968. 35 2663. 1641. 1042. 36 12100. 12100. 37 38 39 692. 512. 180. 40 41 2281. 365. 1916. 42 70549,. 70549. 43a 192929. 91676. 83975. 17278. 43 b c d e 44 Total functional expenses (add lines 22lhrou h 43) Organizations th ta[t"ltes13-1( (°carry seootoin5 , . . 43c 43 d 43e 44 606119. 111816 . 477025. 17278. Joint Costs. Check 01 U if you are following SOP 98- 2 Are any joint costs from a combined educational campaign and fundraising solicitation reported in (B) Program services? . ® Yes 13 No If "Yes," enter (1) the aggregate amount of these joint cost$ ; (il) the amount allocated to Program services$ (ill) the amount allocated to Management and general S : and iv the amount allocated to Fundralsin $ ORMUK Statement of Program Service Accomplishments (See Specific Instructions. What is the organization's primary exempt purpose? ® RESEARCH AND EDUCATION Expenses (Requiredvic All organizations must describe their exempt purpose achievements in a clear and concise manner State the number of chants for 501(c)(3)a (4)orgs , served publications issued etc Discuss achievements that are not measurable (Section 501(c)(3) and (4) organizations and g 4947(ax1)trusts, but 4947(a�(I) nonexempt charitable trusts must also enter the amount of grants and allocations to others.) optional for others a TO MANAGE AND IMPROVE THE ISLAND OF PIGEON KEY, A NATIONAL HISTORIC REGISTER LOCATION AND PROVIDE A SITE FOR RESEARCH EDUCATIONAL AND HISTORIC LEARNING. (Grants and allocations $ ) 111816. b (Grants and allocations $ ) c (Grants and allocations $ d (Grants and allocations $ ) i o Other program services (attach schedule) (Grants and allocations $ ) f Total of Program Service Expenses (should equal line 44. column (B),Program services)... .. > 111 B 16 . Form 990 (2002) SCA Copyright form software only, 2002 Universal Tax Systems, iric Altrighis reserved USHOSS2 Form990(2002) PIGEON KEY FOUNDATION, INC 65-0379803 Page 3 Balance Sheets (See Specific Instructions.) Note: Where required, attached schedules and amounts within the description (A) (B) column should be for end- of- year amounts only Beginning of year End of year 45 Cash - non. interest- bearing . 2 7 0 2 4 . 45 14,828. 46 Savings and temporary cash investments. 127,248. 46 11,038. 47 a Accounts receivable 47a 68, 751. b Less allowance for doubtful accounts 47b 80,866. 47c 1 68 751........ 48 a Pledges receivable 48a _ b Less allowance for doubtful accounts 48b 48c 49 49 Grants receivable 50 Receivables from officers, directors, trustees, and key employees (attach schedule) 50 51 a Other notes and loans receivable (attach schedule) 51a, _ b Less allowance for doubtful accounts 51 b 52 Inventories for sale or use 53 Prepaid expenses and deferred charges 54 Investments - securities (attach schedule) ® ® Cost ® FMV 51 c 41,269. 52 31,274. 19,328. 53 21,958. 54 55 a Investments - land, buildings, and equipment- basis 55a b Less: accumulated depreciation (attach schedule) 55b 55C 56 56 investments - other (attach schedule) 57 a Land, buildings, and equipment basis 57a 1,710,436. b Less- accumulated depreciation (attach _— schedule) 57b 323, 057. 1,427,629. 57c 1,387,379. 18,811. 58 18,811. 58 of her ots(describe ® MUSEUM, GIP, DEPOSITS 1 59 Total assets add lines 45 throu h 581 (mustequall line 741 1,742,175. 59 1,554,039. 60 Accounts payable and accrued expenses 83,914. 6o 57,357. 61 61 Grants payable 20,553. 62 62 Deferred revenue -- -W m 63 Loans from officers, directors, trustees, and key employees (attach 7 schedule) 64 a Tax-exempt bond habildles (attach schedule}. b Mortgages and other notes payable (attach schedule) 63 64a 54r782. 64bl 32,907. 16, 444 . 65 10,798, 65 Other s(deasnbc ®ADV DEPOSITS, PR TAXES bilit66 Total liabilities add lines 60 through 65 175,693. 66 101, 0 62 , Organizations that follow SFAS 117, check here and complete lines 67 through 69 and lines 73 and 74 d U- 67 Unrestricted 68 Temporarily restricted 69 Permanently restricted Organizations that do not follow SFAS 117, check here ® ® and complete lines 70 through 74 1,545,929. 67 1,452,977. 20,553. 68 69 0 70 Capital stock, trust principal, or current funds .. 71 Paid -in or capital surplus, or land, budding, and equipment fund 70 71 72 Q i 72 Retained earnings, endowment, accumulated income, or other funds 73 Total not assets or fund balances (add lines 67 through 69 or lines 70 through 721 _ column (A) must equal line 19, column (B) must equal line 21) 1, 566, 482. 73 1, 4 52 977. 11,742,175. 1 74 1 1, 554, 039. 74 Total liabilities and net assetsifund balances add lines 66 and 731 corm VUU is availanle Tor puotic inspection and, for some people, serves as the primary or sole source of information about a particular organization How the public perceives an organization in such cases may be determined by the information presented on its return Therefore, please make sure the return is complete and accurate and fully describes, in Part III, the organization's programs and accomplishments. BCA Ccpyrigh I form software only, 2002 universal Tax Systems. Inc All rights reserved US990SS3 Fonn990(2002) PIGEON KEY FOUNDATTON. TNr l;,;—n'�7eRn'i PirtpA ' Reconciliation of Revenue per Audited Reconciliation of Expenses per Audited Financial Statements with Revenue per Financial Statements with Expenses per Return (See Specific Instructions.) Return a Total revenue, gains, and other support a Total expenses and losses per audited per audited financial statements P. financial statements > a 492614. a 606119. b Amounts included on line a but not on b Amounts included on line a but not line 12, Form 990: on line 17. Form 990: (1) Net unrealized gains (1) Donated services on Investments $ & use of facilities $ (2) Donated services (2) Prior year adjust- & use of Facilities $ ments reported on (3) Recoveries of prior line 20, Form 990 $ year grants $ (3) Losses reported on (4) Other (specify): line 20, Form 990 $ (4) Other (specify) - b Add amounts on Imes (1) through (4) ► $ b Add amounts on lines (1) through (4) > c 606119. c Line a minus line b ► c 492614. c tine a minus line h to, d Amounts included on line 12, d Amounts Included on line 17, Form 990 but not on line a: Form 990 but not on line a, (1) Investment expenses (1) Investment expenses not included on not included on line 6b, Form 990 $ line 6b, Form 990 $ (2) Other (specify), (2) Other(specify) $ $ i d d Add amounts on lines (t) and (2) ► Add amounts on Imes (1) and (2) ► @ Total revenue per line 12, Form 990 a Total expenses per line 17, Form 990 line c plus lineco 492614. line c plus lined ► e 606119. ' List of Officers, Directors, Trustees, and Key Employees (List each one even if not compensated, see Specific Instructions.) (A) Name and address (B) Title and average hours per week devoted to position P P (C) Compensation (if not aid, enter -0-. P } (D) Contributions to em ldefe benefit plans � deferred camp (g) Expense account and other allowances DONALD WATHNE PRESIDENT 3 0 MARATHON FL DAVID MAKEPEACE PRES 1 0 ISLAMORADA FL DEBBIE HARRISON SECRETARY 3 0 MARATHON FL SHERRY CARPENTER TREASURER 2 0 MARATHON FL FRED STEGBAUER EXEC DIR 40 40,000. MARATHON FL 75 Did any officer, director, trustee, or key employee receive aggregate compensation of more than $100,000 from your organization and all related organizations, of which more than $10,000 was provided by the related organizations? .. ► J f Yes tg No If `Yes," attach schedule - see Specific Instructions Form 990 (2002) BCA Copyright form software only. 2002 Universal Tax Systems, Inc All rights reserved USHOM Farm 990 (2002) PIGEON KEY FOUNDATION, INC 65-0379803 76 Did I he organization engage in any activity notproviously reported to Ina IRS? If "Yes." altach ad at ailed descript tonal each act ivily .. 77 Were any changes made in the organizing or governing documents but not reported to the IRS?. If "Yes," attach a conformed copy of the changes. 78 a Old the organization have unrelated business gross income of $1,000 or more during the year covered by this return? . b If "Yes," has it filed a tax return on Form 990-T for this year? 79 Was there a liquidation, dissolution, termination, or substantial contraction during the year? If "Yes;' attach a statement. . 80 a Is the organization related (other than by association with a statewide or nationwide organization) through common membership, governing bodies, trustees, officers, etc, to any other exempt or nonexempt organization? b If 'Yes," enter the name of the organization ► and check whether it is U exempt or U nonexempt. 81 a Enter direct or indirect political expenditures See line 81 instructions 81 a b Did the organization fife Form 1120-POL for this year? 82 a Did the organization receive donated services or the use of materials, equipment, or facilities at no charge or at substantially less than fair rental value? b If "Yes," you may indicate the value of these items here. Do not include this amount as revenue in Part I or as an expense in Part Il (See instructions in Part III ) .. 182b 83 a Did the organization comply with the public inspection requirements for returns and exemption applications? b Did the organization comply with the disclosure requirements relating to quid pro quo contributions? 84 a Did the organization solicit any contributions or gifts that were not tax deductible? b if "Yes," did the organization include with every solicitation an express statement that such contributions or gifts were not tax deductible? 85 501(c)(4), (5), or (6) organizations a Were substantially all dues nondeductible by mernbers,? b Did the organization make onty in-house lobbying expenditures of $2,000 or less?. . If "Yes" was answered to either 85a or 85b, do not complete 85c through 85h below unless the organization received a waiver for proxy tax owed for the prior year c Dues, assessments, and similar amounts from members 85 c d Section 162(e) lobbying and political expenditures .. 85d e Aggregate nondeductible amount of section 6033(e)(1)(A) dues notices 85e If Taxable amount of lobbying and political expenditures (line 85d less 85e) 85f g Does the organization elect to pay the section 6033(e) tax on the amount on line 85f? h If section 6033(e)(1)(A) dues notices were sent, does the organization agree to add the amount on line 85f to its reasonable estimate of dues allocable to nondeductible lobbying and political expenditures for the following tax year?. 86 501(c)(7) orgs. Fitter: a Initiation fees and capital contributions included on line 12 ... 86a b Gross receipts, included on line 12, for publtc use of club facilities .. 86 b 87 501(c)(12) orgs Enter. a Gross income from members or shareholders b Gross income from other sources (Do not net amounts due or paid to other sources 88 89 against amounts due or received from them )... .. . .. . 87 b At any time during the year, did the organization own a 50% or greater interest in a taxable corporation or partnership, or an entity disregarded as separate from the organization under Regulations sections 301.7701- 2 and 301.7701- 3? If "Yes," complete Part IX a 501(c)(3) organizations. Enter: Amount of tax imposed on the organization during the year under section 4911 ► , section 4912 ► , section 4955d b 501(c)(3) and 501(c)(4) orgs. Did the organization engage in any section 4958 excess benefit transaction during the year or did it become aware of an excess benefit transaction from a pnor year? If "Yes." attach a statement explaining each transaction ....... . c Enter, Amount of tax imposed on the organization managers or disqualified persons during the year under sections 4912, 4966. and 4958 . . . .. , V. d Enter' Amount of lax on line 89c, above, reimbursed by the organization ► 90 a list the states with which a copy of this return is filed ► b Number of employees employed in the pay period that includes March 12, 2002 (See instructions.) 90b 91 The books are in care of P MIKE LUMPKIN Telephone no ► 30 5-2 Located at ► PO BOX 500130 MARATHON FL ZIP*40- 33050 MIMI=- Mom© ®-© M=W M=0 mmm own mmm own III MEN NNO `M- ©M MMM r!"MIN. 85h 88 X 89b X 92 Section 4947(a)(1) nonexempt charitable trusts filing Form 990 in lieu of Form 1041 - Check here ► U and enter the amount of tax- exem t interest received or accrued dunng the tax Lear ► 92 Form 990 (2002) SCA Copyright form software only, 2002 Universal Tax Systems, Inc All rights reserved U5990S$5 Form990(2002) PIGEON KEY FOUNDATION, INC 65-0379803 Page6 - , a Analvsis of Income- Producina Activities (See Specific Instructions.) Mote: Enter gross amounts unless otherwise indicated. 93 Program service revenue: a ADMISSIONS Unrelated business income Excluded by sechan 512, 513, or 514 (E) Related or exempt function income Business code (B) Amount (C) Exclusion code (D) Amount 54,454. bSITE USAGE FEES 330 648. C d 8 f MedtcaretMedicald payments g Fees & contracts from govt. agencies 94 Membership dues & assessments 95 investmentsavings and temporary cosh 96 Dividends & interest from securities. 97 Net rental income or Voss)from real estate a debt -financed property b not debt -financed property Nel rental income or Qoss)from personal 98 property 99 Other investment income. 00 Gain or Ross) from sales of assets other thaninvantory 01 Not mcomo or Qoss)(rom special events 02 Gross prof it/ Ross) Iromawns ofinventory 03 Other revenue: a OTHER INC 2,730. 261. l (1,661.) 3,936. b c d 8 04 Subtotal (add columns (s 1, to � and RE) 390,368. 105 Total (add line 104. columns (B), (D), and (E) meta. I inp in,; nlim Ina irf_ Part I. shnillrl Qnital the;tmo int nn Itna 12_ Part I. Relationship of Activities to the Accom lishment of Exempt Purposes (See specific Instructions) Une Na- WT Explain how each activity for which income is reported in column (E) of Part VII contributed importantly to the accomplishment of the organization's exempt purposes (other than by providing funds for such purposes). 93 CHARGES TO PUBLIC AND SCHOOL GROUPS FOR TOURS OF PIGEON KEY HE TOURS ARE TO EDUCATE VISITORS ABOUT THE HISTORY AND NVIRONMENTAL SIGNIFICANCE OF THE ISLAND ALSO CHARGE RESEARCH ROUPS WHICH USE THE ISLAND FOR MARINE ECOLOGY STUDIES. GEM Information Regarding Taxable Subsidiaries and Disregarded Entities (See specific Instructions ) {AL Name, address, and tIN of corporation, partnership, or disregarded entity (B) Percentage of ownership int. (C) Nature of activities (R) Total income (EI End -off-year assets P P e aN gjULtj fntormattion Kegarcling I ransters Assoeiatea wan Personal Benetlit contracts (see specific Instructions) (a) Did the organization, during year, receive any funds. directly or indirectly, to pay premiums on a personal benefit contract? Yes FMOO (b) Did the organization, during the year, pay premiums, directly or indirectly, on a personal benefit contract? Yes Note: if "Yes" to (b). file Form 8870 and Form 4720 (see instructions) kHEDULE A Organization Exempt Under Section 501(c)(3) OMB No. 1545-1 (Form 990 or 990-EZ) (Except Private Foundation) and Section 501(e), 501(f), 501(k), 501(n), or Section 4947(a)(1) Nonexempt Charitable Trust Supplementary Information - (See separate instructions.) 2002 ©eparimerst of the Treasury Internal Revenue service MUST be completed by the above organizations and attached to their Form 990 or 990-EZ Name of the organization Employer identification number PIGEON KEY FOUNDATION, INC 65-0379803 Compensation of the Five Highest Paid Employees Other Than Officers, Directors, and Trustees I (See the instructions List each one. If there are none, enter "None..") (a) Name and address of each employee paid more than $50,000 (b) Title and average hours per week devoted to posltlpn (c) Compensation (d) Contributions to employee boner it plans 8deferred componsalion (e) Expense account and other allowance NONE Total number of other employees paid over $50,000 > Compensation of the Flue Highest Paid Independent Contractors for Professional Services For Paperwork Reduction Act Notice, see the instructions for Form 990 and Form 990- EZ, cat No 11285F Schedule A (Form 990 or 990- EZ) 2002 SCA Copyright form software only, 21102 UnWorsnl Tax Systems, Inc All rights reserved US990A41 Schedule A(Form990or990-EZ)2002 PIGEON KEY FOUNDATION, INC 65-0379803 Page2 Statements About Activities (See the instructions) Yes No 1 During the year, has the organization attempted to Influence national, state, or local legislation, including any attempt to Influence public opinion on a legislative matter or referendum? if "Yes," enter the total expenses paid or incurred in connection with the lobbying activities ►$ (Must equal amounts on line 38, Part VI -A, or line I of Part VI- B.) 1 X Organizations that made an election under section 501(h) by filing Form 5768 must complete Part VI -A. Other organizations checking "Yes," must complete Part VI- B AND attach a statement giving a detailed description of the lobbying activities i 2 During the year, has the organization, either directly or indirectly, engaged in any of the following acts with any substantial contributors, trustees, directors, officers, creators, key employees, or members of their families, or with any I taxable organization with which any such person is affiliated as an officer, director, trustee, majority owner, or principal beneficiary? (If the answer to any question is "Yes," attach a detailed statement explaining the transactions.) 1 i 2 a X a Sale, exchange, or leasing of property? b Lending of money or other extension of credit? 2 b X c Furnishing of goods, services, or facilities? 2 c X d Payment of compensation (or payment or reimbursement of expenses If more than $1,000)? .... .. . . . . 2 d X e Transfer of any part of its income or assets? 2 e X 3 Does the organization make grants for scholarships, fellowships, student loans; etc ?(See Note below). 3 X 4 X 4 Do you have a section 403(b) annuity plan for your employees? .. Note: Attach a statement to explain how the organization determines that individuals or organizations receiving grants or loans from it in furtherance of its charitable programs "qualify" to receive payments Reason for Felon- Private Foundation Status (Seethe Instructions.) The o anization is not a private foundation because it is: (Please check only ONE applicable box) 5 A church, convention of churches, or association of churches. Section 170(b)(1)(A)(1). 6 A school. Section 170(b)(1)(A)(it). (Also complete Part V ) 7 A hospital or a cooperative hospital service organizatton. Section 170(b)('t)(A)(iii) 8 A Federal, state, or local government or governmental unit. Section 170(b)(1)(A)(v). 9 A medical research organization operated In conjunction with a hospital Section 170(b)(1)(A)(Iil). Enter the hospital's name, city, and state ► 10 11 An organization operated for the benefit of a college or university owned or operated by a governmental unit Section 170(b)(1)(A)(Iv). (Also complete the Support Schedule in Part IV -A.) 11 a ® An organization that normally receives a substantial part of its support from a governmental unit or from the general public. Section 170(b)(1)(A)(vi) (Also complete the Support Schedule in Part IV -A.) 11 b H A community trust. Section 170(b)(1)(A)(vi). (Also complete the Support Schedule in Part IV- A.) 12 An organization that normally receives: (1) more than 33113% of its support from contributions, membership fees, and gross receipts from activities related to its charitable, etc , functions - subject to certain exceptions, and (2) no more than 33113% of its support from gross investment income and unrelated business taxable income (less section 511 tax) from businesses acquired by the organization after June 30, 1975 See section 509(a)(2). (Also complete the Support Schedule in Part IV- A.) 13 ® An organization that is not controlled by any disqualified persons (other than foundation managers) and supports organizations described in: (1) lines 5 through 12 above; or (2) section 501(c)(4), (5), or (6). if they meet the test of section 509(a)(2) (See section 509 a 3 Provide the following information about the supported organizations, (See the instructions.) (a) Name(s) of supported organization(s) (b) Line number from above 14 ®_An organization organized and operated_ to test for public safety. Section 509(a)(4). (See the Instructions.) Schedule A (Farm 990 or 990- EZ) 2002 SCA copyright farm software only, 2002 Universal Tax systems, Inc All rights reserved Us990A52 Schedule Form 990or990-Ez 2002 PIGEON KEY FOUNDATION INC 65-0379803 Page3 Support Schedu)o (Complete only if you checked a box on line 10, 11, or 12) Use cash method of accounting. Note, You may use the worksheet in the instructions for converting from the accrual to the cash method of accounting Calendar year (or fiscal year beginnsng m) fa2001 b 2000 C 1999 d 1996 a Total 15 Gifts. grant s,and cont nbulmnsreceiv- ed (Do not include unusual grants Sao line28 246061 275730 99325 621116 16 Membership fees received 4545 7660 5075 17280 rnss receipts rein a missions, 17 merrshs sesoldorservicas pperfarmad.orfurnishm of fncitil,as in any achvily that is related to theorganization's charitable etc purpose 655546 632813 608878 1897237 18 Gross income from interest, dividends, amounts received from aymorila on securities loans (sect ion512(aXS)} rants, royalties, and unrelated business taxable income (loss section 511 tayyxes) from businesses acquired 1g7'Sthe organization after June 30. 324 681 1005 19 Not income from unrelated business activities not included in line 1a 20 Tax revenues levied for the organization'sbenefit and either paid to it or expanded on its behalf 21 The value of services or facilities furnish ad to the organization by a governmentat unit without chargo Do not include the value of services or facilities generally furnished to Iho public wilhoul charge 22 Otherincome Attach aschadute Donal include gain cr (loss)from Sala of capital assets 160 91 6431 22522 23 Total of lines 15 th rough 22 9225671 916884 719709 2559160 24 Lino 23 minus line 17 2670211 284071 110831 661923 25 Fitter 1%ofline 23 92261 9169 7197 26 Organizations described on lines 10 or 11: a Enter 2% of amount in column (e), line 24 ® 26a 13238 b Prepare a list for your records to show the name of and amount contributed by each person (other than a governmental unit or publicly supported organization) whose total gifts for 1998 through 2001 exceeded the 26b amount shown in line 26a. Do not file this list with your return. Enter the total of all these excess amounts 01 26c 661923 c Total support for section 509(a)(1) test. Enter line 24, column (e) 1* d Add: Amounts from column (e) for lines: 18 1005 19 ? 26d 23527 22 22522 26b 110. 26e 638396 e Public support (line 26c minus line 26d total) .. 0. 26f 96.45 % f Public support percentage (line 26e (numerator) divided by line 26c (denominator) ® 27 Organizations described on line 12: a For amounts included in Imes 15, 16, and 17 that were received from a "disqualified person," prepare a list for your records to show the name of, and total amounts received in each year from, each "disqualified person " Do not file this list with your return. Enter the sum of such amounts for each year, (2001) (2000) (1999) --- (1998) b For any amount Included in line 17 that was received from each person (other than "disqualified persons"), prepare a list for your records to show the name of, and amount received for each year, that was more than the larger of (1) the amount on line 25 for the year or (2) $5,000 (include in the list organizations described in lines 5 through 11, as well as individuals.) )3o not fife this list with your return. After computing the difference between the amount received and the larger amount descnbed in (1) or (2), enter the sum of these differences (the excess amounts) for the year. (2001) (2000) (1999) (1998 c Add- Amounts from column (e) for Imes, 15 16 17 20 21 ® 27C d Add. Line 27a total and line 27b total to. 27d e Public support (line 27c total minus line 27d total). ► 27e f Total support for section 509(a)(2) test: Enter amount from line 23, column (e) ® I 27f j g Public support percentage (line 27e (numerator) divided by line 27f (denominator)) . » 27 % h Investment income ercenta a line 18 column a numerator divided byline 27f denominator > I 27h % 28 Unusual Grants: For an organization described in line 10, 11, or 12 that received any unusual grants during 1998 through 2001, prepare a list tar your records to show, for each year, the name of the contributor, the date and amount of the grant, and a brief description of the nature of the grant Do not file this list with your return. Do not include these grants in line 15. Schedule A (Form 990 or 990EZ) 2002 BCA Copyright farm software only. 2002 Universal Tax Systems, Inc Alirighlsraserved U5990A33 Schedule fform990or990-EZ 2002 PIGEON KEY FOUNDATION, INC 65--0379803 Pages Lobbying Expenditures by Electing Public Charities (Seethe instructions.) (To be completed ONLY by an eligible organization that fled Form 5768) Check lll� a if the organiizaton belongs to an affiliated group. Check ll� b if you checked "a" and "limited control" provisions aooly. ..... ....... Limits on Lobbying Expenditures (The term "expenditures" means amounts Incurred, aid or p ) Affiliated) totals To be completed for ALL electing organizations 36 Total lobbying expenditures to Influence public opinion (grassroots lobbying) . 37 Total lobbying expenditures to influence a legislative body (direct lobbying) 38 Total lobbying expenditures (add lines 36 and 37) 39 Other exempt purpose expenditures 40 Total exempt purpose expenditures (add lines 38 and 39) 41 Lobbying nontaxable amount. Enter the amount from the following table - If the amount on line 40 Is - The lobbying nontaxable amount is - Not over $500,000 20% of the amount on line 40 Over $500,000 but not over $1,000,000 $100.000 plus 15%of th o excess over $500.000 Over $1,000,000 but not over $1,500.000 $175.000 plus 10%of the excess over $1.000.000 Over $1,500,000 but not over $17.000,000 S225.000 plus 5%of tha excess over S1.500.00 Over $17,000,000 $1,000,000 42 Grassroots nontaxable amount (enter 25% of line 41) . 43 Subtract line 42 from line 36 Enter - 0- if line 42 is more than line 36 44 Subtract line 41 from line 38 Enter -0- if line 41 is more than line 38 Caution: If there is an amount an either line 43 or line 44, you must file Form 4720. 36 37 38 39 40 ' I 41 42 43 44 4-Year Averanina Period Under Section 501(h) (Some organizations that made a section 501(h) election do not have to complete all of the five columns below. See the instructions for lines 45 through 50.) Lobbying Expenditures During 4-Year Averaging Period Calendar year (or fiscal (a} (b) (c) (d) (e) year beginning In) Is 2002 2001 2000 1999 Total 45 Lobbying nontaxable amount .. 46 o yin ceiling amount0% of line 4 47 Total lobbying expenditures 48 Grassroots nontaxable amount 49 amling ount (150% of line 48(e)) . . 50 Grassroots lobbying expenditures . Lobbying Activity by Nonelecting Public Charities For reporting only by organizations that did not complete Part VI -A See the instructions. During the year, did the organization attempt to influence national, state or local legislation, Including any Yes No Amount attempt to influence public opinion on a legislative matter or referendum, through the use of• a Volunteers I b Paid staff or management (include compensation in expenses reported on lines c through h) c Media advertisements d Mailings to members, legislators, or the public e Publications, or published or broadcast statements f Grants to other organizations for lobbying purposes g Direct contact with legislators, their staffs, government officials, or a legislative body h Rallies, demonstrations, seminars, conventions, speeches, lectures, or any other means. . l Total lobbying expenditures (Add lines c through h.). ... . . If "Yes" to any of the above, also attach a statement giving a detailed description of the lobbvino activities Schedule A (Form 990 or 990- EZ) 2002 SCA Copyright iorin sofiwuro only. 2002 Univaraei Tex Systems. Inc All rights reserved US090AS5 f-r• nn-1 nn An 51 Did the reporting organization directly or indirectly engage in any of the following with any other organization described in section 501(c) of the Code (other than section 501(c)(3) organizations) or in section 527, relating to political organizations? a Transfers from the reporting organization to a noncharitabte exempt organization of Yes Ho (I) Cash X (it) Other assets b Other transactions. Lb(l) (1) Sales or exchanges of assets with a nonchantable exempt organization X (ii) Purchases of assets from a nonchantable exempt organizaton X (tli) Rental of facilities, equipment, or other assets .. b Ili X (Iv) Reimbursement arrangements b iv X (v) Loans or loan guarantees b(v) X (vl) Performance of services or membership or fundraising solicitations b vi X c Sharing of facilities, equipment, mailing lists, other assets, or paid employees c X d If the answer to any of the above is "Yes," complete the following schedule. Column (b) should always show the fair market value of the goods, other assets, or services given by the reporting organization If the organization received less than fair market value in any transaction 52 a Is the organization directly or indirectly affiliated with, or related to, one or more tax- exempt organizations described in section 501(c) of the Code (other than section 501(c)(3)) or in section 527? . 0. 0 Yes 0 No Schedule A (Form 990 or 990-E.Z) 2002 BCA copyright form software only, 2002 Universal Tax Systems, Inc All nghts rourvad US900ASG Fo I rm 4562 Depreciation and Amortization (including Information on Listed. Property) Department of the Treasury Inlarnal Revenue Service 01, See separate Instructions. l* Attach to your tax return. Name(s) shown on return Business or activity to which this form relates PIGEON KEY FOUNDATION, INC IFORM 990 Part 1_J Election To Expense Certain Tangible Property Linder Section 179 Note: If you have any listed property, complete Part V before you complete Part I. 1 Maximum amount. See the instructions for a higher limit for certain businesses .. ................... .. 1 2 Total cost of section 179 property placed in service (see the instructions) .. . ........... .. ......... 2 3 Threshold cost of section 179 property before reduction in limitation 3 4 Reduction in limitation Subtract line 3 from line 2 If zero or less, enter -0- .................. . .... . 4 5 Dollar limitation for tax year, Subtract line 4 from line 1. If zero or less, enter - 0- . If married filing separately, see the Instructions. 5 (a) Descnption of property (b) Cost (business use oniy) (c) Elected cost 7 Listed property. Enter the amount from line 29 ... . ....... ...... 1 7 8 Total elected cost of section 179 property. Add amounts in column (c), lines 6 and 7 ..................... 8 9 Tentative deduction. Enter the smaller of line 5 or line 8 .. . .... ................ 9 10 Carryover of disallowed deduction from line 13 of your 2001 Form 4562 ........ 10 11 Business income limitation. Enter the smaller of business Income (not less than zero) or line 5 (see instructtons) 11 12 Section 179 expense deduction. Add lines 9 and 10, but do not enter more than line 11 ............ ..... 12 13 Carryover of disallowed deduction to 2003 Add lines 9 and 10. less line 12 ...... a 13 Note: Do not use Part 11 or Part III below for listed property Instead, use Part V. Part It I Special Depreciation Allowance and Other Depreciation (Do not include listed property.) 14 Special depreciation allowance for qualified property (other than listed property) placed in service during the tax year (see the instructions) ....................... .... ... . ...... 14 15 15 Property subject to section 168(f)(1) election (see the instructions) ....... ..................... 16 Other depreciation (Including ACRS) (see the Instructions) 16 Part III I MACRS Depreciation (Do not include listed property.) (See the instructions) Section A 17 MACRS deductions for assets placed in service in tax years beginning before 2002 . . . ... ......... 17 18 If you are electing under section 168(1)(4) to group any assets placed in service during the tax year into one or more general asset accounts, check here ............. I .................. I ........... ® n OMB No. 1545-0172 2002 Attachment Sequence No. 67 Identifying number 65-0379803 Section B -- Assets Placed In Service Durino 2602 Tax Year Lisino the General Deoreclation Svstem 24,000. r I (a) Classification of property (b) Month and year placed in service (c) Basis for depr ibusinasalmvaalmant use only -- see ins (d) Recovery period (e) Convention (i) Method (g) Depreciation deduction 19a 3- year property 200. 2 HY SL 50. b 5- year property 25,910. 5 HY SL 2,591. C 7-year property 3,651. 7 HY SL 261. d 10- year property e 15-year property 1' 20-year property g 25-year property 25 yrs. SIL h Residential rental property 27 5 yrs. MM SIL 27 5 yrs MM S!L i Nonresidential real property 39 yrs MM S!L MM S!L Section G -- Assets Placed In Service Durina 2111112 Tax Year Udine tha Alternativa Donraniatinn SvctRm 20 a Class life SIL b 12-year 12 yrs SIL C 40-year 40 yrs I MM SIL ir-artivi ournirnaa (Seethe instructions.) CopyrighlForms (SoftwareOnly).2002TWNL 21 Listed property. Enter amount from line 28....... . ... . ......... . ... 21 22 Total. Add amounts from line 12, lines 14 through 17, lines 19 and 20 in column (g), and line 21. Enter here and on the appropriate lines of your return Partnerships and S corporations -- see instr 22 57,689. 23 For assets shown above and placed in service during the current year, enter the portion of the basis attributable to section 263A costs ............. .......... 123 . For Paperwork Reduction Act Notice, see separate Instructions. J VA 2 456212 TW F 1611 Form 4562 (2002) Form 4562 (2002) PIGEON KEY FOUNDATION, INC 65-0379803 Page 2 PaYt< Listed Property (include automobiles, certain other vehicles, cellular telephones, certain computers, and property used for entertainment, recreation, or amusement.) Nato: For any vehicle for which you are using the standard mileage rate or deducting lease expense, complete only 248, 24b, columns (a) through (c) of Section A, all of Section B, and Section C if applicable. Section A -- Depreciation and Other Information (Caution: See the instructions for limits for aessencier automobiles.) 24a Do you have evidence to support business/investment use claimed? Yes No 24b If 'Yes," is the evidence written? Yes No (a} Type of property (b) Date placed in (c) Busn I investment use (d) Cost or (e) Basis for depr. (busn.hnvestment ( Recovery (9) Method/ (h) Depreciation (1) Elected section 179 (list vehicles first) service percentage ciher basis use only) Period Convention deduction cost 25 Special depreciation allowance for qualified listed property placed in service during the tax year and 125 used more than 50% in a qualified business use (see the instructions) .... . ... ...... 26 Property used more than 60% in a qualified business use (see the Instructions) 0.0011 27 Property used 50% or less in a qualified business use (see the instructions), 0.0 % SIL- 0.0 °i S/L- 0.0 % SlL- 28 Add amounts in column (h), lines 25 through 27 Enter here and on line 21, page 1...... .. .... 128 29 Add amounts in column (i), line 26 Enter here and on line 7, page 1 . 29 Section B -- Information on Use of Vehicles Complete this section for vehicles used by a sole proprietor, partner, or other "more than 5% owner," or related person If you provided vehicles to vour emoloyees. first answer the ouestions in Section C to see if you meet an exception to comDlebna this section for those vehicles. 30 Total businesslinvestment miles driven during the year (do not include commuting miles - - see the Instructions) ... 39 Total commuting miles driven during the year 32 Total other personal (noncommuting) miles driven... . ....... . 33 Total miles driven during the year Add lines 30 through 32 . . ............. 34 Was the vehicle available for personal use duringof- dutyhours? ............. ... 35 Was the vehicle used primarily by a more than 5% owner or related person? ....... . 36 Is another vehicle available for personal use? ............. ................ (a) Vehicle 1 (b) Vehicle 2 (c) Vehicle 3 (d) Vehicle 4 (e) Vehicle 5 (t) Vehicle 6 Yes No Yes No Yes No Yes No Yes No Yes No ect on Guestions for Erniolovers Who Provide 9e'hicles ror Use v e r mo ovees Answer these questions to determine if you meet an exception to completing Section B for vehicles used by employees who are not more than 5% owners or related persons see the instructions 37 Do you maintain a written policy statement that prohibits all personal use of vehicles, including commuting, by your Yes li No employees? ... ....... ... ........... ...... ........ ........................... 38 Do you maintain a written policy statement that prohibits personal use of vehicles, except commuting, by your employees? See the instructions for vehicles used by corporate officers, directors, or 1% or more owners .. I ... I ............ 1 ...... 39 Do you treat all use of vehicles by employees as personal use? .. ....................................... . 40 Do you provide more than five vehicles to your employees, obtain information from your employees about the use of the vehicles, and retain the information received? ........ ..... . ..................... ...... 41 Do you meet the requirements concerning qualified automobile demonstration use? (See the instructions.) .. . Note: If your answer to 37, 38, 39, 40, or 41 is 'Yes," do not complete Section B for the covered vehicles (b) (c) (d) (e) (a) Date amortization Amortizable Code Amortization Description of costs begins amount section period or j percentage l 42 Amortization of costs that begins during your 2002 tax year (seethe instructions). 43 Amortization of costs that began before your 2002 tax year ............ ........................... 44 Total. Add amounts in column (1) See the instructions for where to report. ........ ........... JVA 2 456212 TwFie12 CopynghlForms (Software Only) -2002TWNL Amortization for this year 11,500, 11,500. Form 4562 (2m) 65-0379803 Land, Buildings and Equipment s 990 990: Page 3, Line 57; 990- PF: Page 2, Line 14 2002 Accumulated Description Cost/ Basis Depredation Book Value FURNITURE & EQUIPMENT 102,523. 47,876. 54,647. LEASEHOLD IMPROVEMENTS 147,977. 66,188. 81,789. RESTORATIONS COMPLETED 1,394,392. 161,581. 1,232,811. RANSPORTATION EQUIPMENT 65,544. 47,412. 18,132. 1,710,436. 323,057. 1,387,379. Copyright form software only.2002 Universal Tax Systems. Inc All nghts reserved USSTX571 !]4 0 w a W E-+ w L� w W to O O N I M M fU •d f O O JJ -1 1 \ \ 1 a w I ! i N Q1 I f!3 U 1 ri ri t ftl k 1 CO a 1 1 1 N 0) \ N I m G N I w tD -1 0 1 1 ! ro a 1 C7 I I i r r••i r D) N O a• H a) 1n Ol r O r-t 1-1 O m r-i tD r-i to O m r H a' [- yr r-i lO N N m N N r- r tD ri t- to 01 N M 4-1 Fi I O tD (D to r 4 m 0) r m r-i 0 N N N i" 1 Kn to O ri W x m m tr) to r IH N m Ql 1 z >4 I I I w 0 O 00 w cD O N lD W w M w O N N m O O vW • 1 a1 00 N CO 00 to r N H H O a1 ["1 w w w r O to w k 1 ri m r 0 V' ri t0 r O N r N N 0 to O O m N ! tD tD a) m O N ri N d1 1 .-I r1 ri ri Q I I JJ I r H r 0) N O co 11 O LO N tD 00 O r-€ H 0 O O N w H 1n O m G - 1 Cl yr r H w r 0o -i w N 0 rn r N N r H 0 to N r to m N O GJ k 1 O tD o to -q m m r -i M -1 O N m 0 rn %D to to O r o 0D k 1 m m to co r ri r-i M H N M N k lU ! � � 1 C3 i I a' N r-I to tr1 to r r O O O O m to m [n O O r•t tD o r '1 (14 m w ri to ED k I a) m at N O 00 co tp O mcy) N m r r w w m lD -t N m w t- w to r m a) O k I N CV N M W N N CO O to CO w r-I ri M O N H M m O r m O M CO u') to M '•-i 04 1 m O ri t- M O m O m r1 r-1 m m m N mr r m 0) �.{ (D I to w N H r•1 M ri H 0+ a 1 I ' I 0 0 0 0 0 Co 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (n 0 w a1 I ommrnaernusu1v)mEnLn' rrtrl'rtntnLnLO, 0LntnuiC ©C iU +ito, CL� 04 1 w M M M M M H ri .-d N *-i I N N N N N O t trr E E E E+ H aJ t 0 0 0 0 0 N I a 0 0 4 as r4 q .4 .1 r1 Fq a a a j 4 ri a a a a a a a a I r-I tD W to w r 0 LO 0 0 0 0 m W O n O O M r O 0 0 0 N d) rw O (n N I co (n 0) I;p m m w tr) O M Cif N r r 1-1 r 00 0 0 Ln 0 0 0 r-I tD O m Co w •ri I tnlnMrri D rootnMQtnotnl-r kD.-1mt-IOerir-i rin mcoo N I m .-i w to V) o) ri O m m to N u) 1-1 OD to -' m in in r 14 V. 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H U) h M w z H> C Gl > O +l l a W r 0 E• Z O o z a O V W Eg o �a Z v 0w O m •¢ i -U E�� M U X caL) H"a Eo-, o M s4 I C 4< a x m U F-4 o O Ul x O i C4 Z b C) H\ "` U❑ E-1 Cd ra w H 3 C7 1 &4 FC M Cr4 u) 1 E-E z Z O a Z ry 0 E Q X Z0� a EL nl L dHWZ 0 1 a W co W Hto0rx GO N U m N 1-1 x N E-, M Cs, U N CO W= r-i H a£ H 4 ON > 65-0379803 s 990 Other Functions Expenses: Page 2, Line 43 2002 Program Management Description of the Asset Total Services and General Fundraising DVERTISING 11,528. 11,528. TTRACTION EXPENSE 44,875. 44,875. AUTO/TRAIN EXPENSE 11,261. 11,261. BANK/CREDIT CARD FEES 4,265. 394. 3,871. DUES & SUBSCRIPTIONS 306. 306. VENT EXPENSES 5,750. 5,750. INSURANCE 32,663. 32,663. ICENSES & PERMITS 1,611. 1,611. ISCELLANEOUS 8,178. 4,351. 3,827. USEUM EXPENSE 268, 268. REPAIRS & MAINT 31,349. 17,512. 13,837. STUDENT MEALS 13,015. 13,015. TILITIES 27,860. 27,860. 192,929. 91,676. 83,975. 17,278. Copyright form software only, 2002 Universal Tax Syatams, Inc: All rights reserved USSTX431 Form 8868 (December 2000) 0apartment of the Treasury Internal Revenue Service Application for Extension of Time to File an Exempt Organization Return 11" File a separate application for each return OMB No 1545- 1709 * if you are tiling for an Automatic 3- Month Extension complete only Part I and check this box m ® If you are tiling for an Additional (not automatic) 3-Month Extension, complete only Part I I (on page 2 of this form). Note: Do not complete Part II unless you have already been granted an automatic 3- month extension of a previously filed Form 8868. Automatic 3-Month Extension of Time -Only submit original (no copies needed) Note: Form 990-T corporations requesting an automatic 8-month extension -check this box and complete Part I only All other corporations (including Form 990- C filers) must use Form 7004 to request an extension of time to rile income tax returns. Partnerships, REMICs and trusts must use Farm 8736 to request an extension of time to file Form 1065, 1066, or 1041 Type or Name of Exempt Organization Employer Identification number print PIGEON KEY FOUNDATION, INC 165-0379803 File by the Number, street, and room or suite no. If a P.O, box, see instructions. duedfor PO BOX 500130 filing your your return see City. or post ost office, state, and ZIP code For a foreign address, see instructions. instructions g MARATHON FL 33050-0130 Check type of return to be filed (file a separate application for each return). Form 990 Form 990- T (corporation) Form 4720 Form 990- Bt Form 990- T (sec. 401(a) or 408(a) trust) Form 5227 Form 990- E..Z Form 990- T (trust other than above) Form 6069 Form 990-PF I Form 1041-A I Form 8870 • If the organization does not have an office or place of business in the United States, check this box . . . .. . P ® If this is for Group Return, enter the organization's four digit Group Exemption Number (GEN) If this is for the whole group, check this box A 0. If it is for part of the group, check this box ® ® and attach a list with the names and E1Ns of all members the extension will cover. I request an automatic 3- month (6- month, for 990-T corporation) extension of time unfit 0 2 / 15 / 2 0 0 4 , 20 to file the exempt organization return for the organization named above The extension is for the organization's return for. ®� calendar year 20 or 01 tax year beginning JUN 30, 20 02 and ending JUN 30, 20 0 3 2 If this tax year is for less than 12 months, check reason: Q Initial return 0 Final return Q Change in accounting period 3 a It this application is for Form 990- BI-, 990- PF, 990- T, 4720, or 6069, enter the tentative tax, less any nonrefundable credits. See instructions $ b If this application is for Form 990- PF or 990- T. enter any refundable credits and estimated tax payments made. Include any prior year overpayment allowed as a credit .. $ c Balance Due. Subtract line 3b from line 3a. Include your payment with this form, or, if required, deposit with FTD coupon or, If required, by using EFTPS (Electronic Federal Tax Payment System) See instructions .. $ Signature and Verification Under penalties of perjury I declare that I have examined this form, including accompanying achadutos and slalements, and to th a bolt of my knowledge and beiier, tt ,s true, correct. and complete, and that l am authorizad to prepare this form Signature ® Ap-ld, ek . 1449— [, For Paperwork Reduction Act Notice, see Title ® V/ /J Date 111, //Y7j03 Form 8868 (12- 2000) BCA Copyright form software only, 2002 Universal Tax Systoms, Inc All rights reserved US8868$1 • if you are filing for an Additional (not automatic) 3•Manth Extension, complete only Part II and check this box ® L Note: Only complete Part ll if you have already been granted an automatic Xmonth extension on a previously filed Form 8868. • If xou are filing for an Automatic 3-Month Extension complete only Part t on page i Additional not automatic 3-Month Extension of Time - Must File Ori inal and One Copy. Type or Name of Exempt Organization "Employer identification number print PIGEON KEY FOUNDATION INC 65-0379803 NO by the 6Number, street, and room or suite no. If a P.O. box, see instructions. For IRS use only extended due date BOX 500130 for filing the raturn town or post office, state, and ZIP code. For a foreign address, see instructions.See instructions ._, ._..._. ....,.__ Check type of return to be filed (File a separate application for each return): Form 990 ❑Form 990-EZ []Form 990-T (sec. 401(a) or 408(a) trust) ❑Form 1041-A ❑Form 5227 [—]Form 8870 Farm 990-BL ❑Form 99q-PF []Form 990-T {trust other than above} nForm 4720 (Form 6069 STOP: Do not complete Part 11 if you were not already granted an automatic 3-month extension on a previously filed Form 8868. • If the organization does not have an office or place of business in the United States, check this box so. ❑ ® If this is for a Group Return, enter the organization's four digit Group Exemption Number (GEN) If this is for the whole group, check this box � D. If it is for part of the group, check this box o► ❑and attach a list with the names and EINs of all members the extension is for. 4 1 request an additional 3-month extension of time unfit - _511.5/2004 ---_.---- 5 For calendar year_____________orothertaxyearbeginning---__6/30/2002--__-. and ending ------ 613012003-__- 6 If this tax year Is for less than 12 months, check reason: ❑Initial return ❑Final return ❑Change in accounting period 7 State in detail why you need the extension EXECUTIVE DIRECTOR LEFT THE FOUNDATION: BUS. OFFICE MGR. TOOK ON ---------- --------- --- - ADDITIONAL DUTIES WHICH DELAYED THE Ct OSitdG OF THE BOOKS ANp THUS THE COM-- PLI=TION OF THE [_ ANNUAAIiDiT W__I fdH- WAS COMPLI=_7f=17 APPROXIMATELY EIGHT DAYS AGO. RETURi SHOULD 8E COMPI-EYED -1 N- 30 DAYS. 83 If this application is for Farm 990-13L, 990-PF, 990-T, 4720, or 6069, enter t,____________________________�----------------------- he tentative tax, less any nonrefundable credits. See instructions . . . . . . . . . . . $ 0 b If this application is for Form 990-PF, 990-T, 4720, or 6069, enter any refundable credits and estimated tax payments made. Include any prior year overpayment allowed as a credit and any amount paid previously with Form 8868 . . . $ 0 c Balance Due. Subtract line 8b from line 8a. Include your payment with this form, or, if required, deposit with FTD coupon or, if required, by using EFTPS (Electronic Federal Tax Payment System). See instructions . . . . . . . . . . . . . . . . . . . . . . . . S 0 Signature and Verification Under penalties of perjury, I declare that I have examined this form, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct, and complete, and that I am authorized to prepare this form. Si nature ® Title ' Qt- / /7 Date 11, •' / D Notice to Applicant -To Be CompI66d by the IRS ❑ We have approved this application. Please attach this form to the organization's return. ❑ We have not approved this application. However, we have granted a 10-day grace period from the later of the date shown below or the due date of the oManization's return (including any prior extensions) This grace period is considered to be a valid extension of time for elections otherwise required to be made on a timely return. Please attach this form to the organization's return. ❑ We have not approved this application. After considering the reasons stated in item 7, we cannot grant your request for ❑an extension of time to file. We are not granting a 10-day grace period. We cannot consider this application because it was filed after the due date of the retum for which an extension was requested. ❑ Other ------ ---- - --------------------- ----------------------------------------- ----------------------------- By: Director Date Alternate Mailing Address - Enter the address if you want the copy of this application for an additional 3-month extension retumed to an address different than the one entered above. Name Type or print Number and street (include suite, room, or apt. no.) Or a P.O. box number 302-13 N ANGLERS DR City or town, province or state, and country (including postal or ZIP code) Form 8868 (1 P N Form Return of Organization Exempt From Income Tax OM13Na 1645-0047 , Under section 501(c), 527, or 4947(aX1) of the Internal Revenue Code (except black 001 ° d lung benefit trust or private foundation) Open to Public pmpartrrmgaaf the Troatury inttrnal Revenue sc>vice ® The or annzatwn may have to use a copy of this return to satisfy state reporting requirements Ins ore A Far the 2D01 calendar year, or tax year beginning :TUN 3 0, 2001, and ending JUN 3 0, 2002 Chock H ease I r- pa�m nr .-A rn.., —n, ,.,..... .,s#., ­4 V ro —4. ID Emoinvirtr idrintrhratien nurnhnr Adat&ss dum" ulabPIGEON KEY FOUNDATION, INC 65-0379803 Name change panto r E Telephone number Initial return See PO SOX 500130 305-289-0025 Final return n eco c MARATHON FL 3 3 0 50 - 013 0 F Acctuc-g method Cash Accrual Arnandadraturn tIOn9 I Other (specify) Applicatlon pendIng ® Necluan M1.11MM organ a ons ang 017taxiinonexempt 1t & I are not applicable to section 527 organizations charitable trusts must attach a completed Schedule A (Form "0 or SWEZ) H(a) Isthis a group return foraffitlates9 [] Yes [g No Cs Web site to. H(b) if Yes' enter number of affiliates J Or antzabon typo (check only one) is 501(cX 3 ) 4 ( mien no) I 4947(a)(t) or H(C) Are au affivatehs lruiuded7 Yes Flo K Check her® > d the organization's gross receipts are normally not more than pt'No:eettacalist seeinsiructlons) $25,000 The orgUgatron need not fee a return with the IRS, but if the organization H(d) is this a sapsrate roturn Bled try an Yes 190 received i Form 990 Package in the marl, it should file a return without financial data Some states require a complete return I Enter 4-digit GEN ✓is Ail Check il' U if organization is not required to L Gross receipts Add lines 6b, 8b, 9b, and 10b to line 12 ep� 922,567. attach Sch B (Form 990, 990-E2, or 990-PF) Part 1 I Revenue, Expenses, and Changes In Net Assets or Fund Balances (see Specific Instructions) 1 Contributions gifts, grants, and similar amounts received a Direct public support 1a 58,67.9. b Indirect public support 1bj 30,950. C Government contributions (grants) 1 C 1 156,432. d Total (add lines to through ic) (cash $ 215,111 noncash 3 3 0 , 95 0 .) 1d 246,061, 2 Program service revenuemrrtent fees and Contracts (from Part VI I, IInO 93) 2 481,861. 3 M 3 4,545. 4 in res oninv@stmonts 4 324 6 Di er ds and interes 6a Gr nts , �( t 6a 5 b Le r tal exparn'ses 6b ERi EV E N u E .gC Nean 6b from line 6a) 0 r inve ) Sa Gro rrtount fromsates of assother (A) Securities (0) Other than inventory Lb b Less cost or other basis & sales expenses 2 , 1S 2. C Gain or (loss) (attach schedule) (2,152 6C 7 d Net gain or (loss) (combine line 8c columns (A) and (a)) Od (2,152.) 9 Special events and activities (attach schedule) a Gross revenue (not including S of contributions reported on line 1a) 9a 71,081. b Less direct expenses other than fundraising expenses 9b 45,527. C Net income or (loss)from special events (subtract line 9b from line 9a) 9C 25,554 . 10a Gross sates of inventory less returns and allowances 10a 102,604, b Less cost of goods sold 10bj 42,893. C Gross profit or (loss) from safes of inventory (attach schedule) (subtract line 10b from line 10a) 10C 59,711 . 11 Other revenue (from Part VII. line 103) 11 16,091. 12 Total revenue (add lines 1d, 2.3. 4, 5, 6c, 7, 8d, 9c, 10c, and 11) 12 831,995. p X p, N S E S 13 Program servress (from line 44, column W) 14 Management and general (from line 44, column (C)) 15 Fundratsing (from tine 44. column (0)) 16 Payments to affiliates (attach schedule) 17 Total expenses (add lines 16 and 44, colurnn (A)) 13 101,231 . 14 456,014, 15 13,S201 16 17 570,765. S 5 T T 18 Excess or (deficit) for the year (subtract line 17 from line 12) 19 Net assets or fund balances at beginning of year (from line 73, column (A)) 20 Other changes in net assets or fund balances (attach explanation) $ 9 1 261,230 . 19 1,305,250. xa rear r- aperworK rteouction Ain nouce, see the separate instrucuons CAA 1 SN12 NTF 2567060 Caprrrlght 2001 GreatlardJMCo - Farms Software oisty 2. Form 990 (2001) A Form990(2001) PIGEON KEY FOUNDATION, INC 65-0379803 Page 2 Part 11, Statement o1 or nlzatlons rrurst comp to co unfit) a urnns a are requ re or section c f and (41 organization %and section 4947[a 1) noruaxompt charitable trusts but optional far others (See functional ExpenseS Specific Instructions ) M mt Inctudo amounts reported on ling 6b Sb Sys 1017 or 16 of Part I (A) Total (0) 'Pmcg (C) g a rear W Ftmdralsirg 22 Grants and allocations (attach schedule) (cash s noncash S } 23 Specific assistance to individuals (attach schedule) 24 Benefrts paid to or for members (attach schedule) 25 Compensation of officers, directors, etc 26 Other salaries and wages 27 Pension plan contributions 25 Other employee benefits 29 Payroll taxes 30 Professional fundraising fees 31 Accounting fees 32 Legal fees 33 supplies 34 Telephone 35 Postage and shipping 36 occupancy 37 Equipment rental and maintenance 38 Printing and publications 39 Travel 40 Conferences, conventions, and meetings 41 Interest 42 Depreciation. depletion, etc (attach schedule) Oth43 above glemue), not covered aSEE STMT b C d e 22 s 23 24 25 33538. 3 3 5 3 8. 26 222831. 222831. 27 28 8247. 8247. 29 24272. 24272. 30 31 4905. 4905. 32 33 5883. -1372. 7255. 34 7513. 7513. 35 3521. 3521. 36 14650. 14650. 37 657. 657. 36 39 4 8 01 . 490. 4311. 40 41 4398. 986. 3 412 . 42 57770. 57770. 43a 177779. $6477. 77782. 13520. 43b 43C 43d 43e 44 Total functionalexpenses (add lines 2 t r h 43) ccarrrythesetotalmtolcni i3-15 e � 44 570765. 101231. 456014. 13520. Joint Costs. Check ® u if you are following SOP 98-2 Are any joint costs from a combined educational campaign and fundraising solicitation reported in (5) Program services? 1;-11 Yes It -Yes,' enter (i) aggregate amount of these joint costs S , W) the amount allocated to Program services S (tu) the amount elfncatod to Management and general S , and (iv) the amount allocated to Fundraising S Relit III I Sta nt of Program 5erviceAccomplishments see specific instructions What is the orgaruzabon's pnmary exempt purpose? w RESEARCH AND EDUCATION Frost All organizations must describe their exempt purpose achtevernonts in a clear a concise n��eer tat {{ nu r o clients �P50j served`p�rbimattons issued, etc Discuss achievements that are not measurable Section 50071 c and �4) organizations and a 4947 4947(axll nonexempt charitable trusts must also enter the amount of grants and allocations to Others ) OEM aT© MANAGE AND IMPROVE THE ISLAND OF PIGEON KEY, A NATIONAL HISTORIC REGISTER LOCATION, AND PROVIDE A SITE FOR RESEARCH, EDUCATIONAL AND HISTORIC LEARNING. �8 (4equi9od trusts but (Grants and allocations $ } 101231. b (Grants and allocations S ) C i (Grants and allocations S } d e Other program services (attat f Total of Program Service El CAA 1 W012 NTF 2557061 (Grants and allocations S hodule) (Grants and allocations S ses (should equal line 44, column (B), Program sere Copyright Mi 0roattandrNeko - Faints Software Only 101231. Form 990 (2001: Form990(2001) PIGEON KEY FOUNDATION, INC 65-0379803 Page 3 "J, Balance Sheets (See Specific instructions ) Note Where required, attached schedules and anmunts wdivn the description (A) W column should be for end -of -year amounts only Beginning of year End of year 45 Cash --non-interest- bearmg 40,005. 45 27, 024 . 44,539. 46 127,248. 46 Savings and temporary cash investments 47a Accounts raceivable 47a 80,866. c b Less allowance for doubtful accounts 47b 47C 1 80,866. 48a Pledges receivable 48a b Less allowance for doubtful accounts 48b 48C 49 Grants receivable 49 60 Receivables from officers, directors, trustees, and key employees (attach schedule) °s0 51 a Other notes and loans receivable (attach A 5 S schadulo) 51a b Less allowance for doubtful accounts 151bi 51C E g53 62 Inventories for sale or use Prepaid expenses and deferred charges 54 Investments -- securities (attach schedule) 1► 0 Cost 0 FMV 4 2 , 2 4 5 . 52 41,269. 16,630. 533 19,328. 54 55a Investments -- land, buildings and equipment bans 55a b Less accumulated depreciation (attach schedule) 56b 66c 56 Investments -- other (attach schedule) 56 57a Land, buildings, and equipment basis S731,686,029. b Less accunarlated depreciation (attach schedule) 57b 258,400. 5$ or�nei3(da=db8 ® MUSEUM, CIP, DEPOSITS } 1, 161, 646. 57c 1,427,629 114,068, 58 18,811. 59 Total assets (add Ines 45 through 58) (must equal line 74) 1,419,133. 59 1,742,175. 60 Accounts payable and accrued expenses 4,936. 60 83,914 L 61 Grants payable 61 5,660. 62 . 20,553. 1 A B 62 Deferred revenue 63 Loans from officers, directors. trustees, and key employees (attach I L l schedule) 64a Tax-exempt bond babildies (attach schedule) 63 6421 T I E b Mortgages and other notes payable (attach schedule) 65 other tiataill[ios(descriGe I"ADV DEPOSITS, PR TAXES } 66,097 64b 54,782 37,190 65 16, 444 . s 66 Total liabilities (add lines 60 through 65) 113,883. 66 175,693. Organizations that follow SFAS 117, check here ® P9 and complete Imes 67 through 69 and lines 73 and 74 N F E U T N A 67 Unrestricted 68 Temporarily restricted 69 Permanently restricted Organizations that do not follow SFAS 117, check here M, Q and complete 1,303,863. 67 1, 545, 929 , 1,387. 68 20,553, 69 S a 5 A E L fines 70 through 74 70 Capital stock, trust principal, or current funds 70 T A S C O E 71 Paid -in or capital surplus, or land, building. and equipment fund 72 Retained earnings, endowment accumulated incorrlo. or other funds 73 Total not assets or fund balances (add lines 67 through 69 OR tines 71 72 R S 70 through 72, 174 column (A) mutt equal line 19. column (8) Murat equal bne 21) 1,305,250. 73 1,566,482. 74 Total liabilities and net assets t fund balances (add fines 66 and 73) 1,419,133. 1,742,175. "rm yvi; is avaiianre for public rnspechOn and, for some people, servos as the primary or sole source of information about a particular organization How the public perceives an organization in such cases may be deternimed by the information presented an its return Therefore. phase make sure the return is complete and accurate and fully desenbes, in Part 111, the organizations programs and accomphshrnonts CAA 1 99034 NTF 25570W Copytrght2001 GrratlasdrNoim - Forirt,Softwaroonly Form990(2001) PIGEON KEY FOUNDATION, INC 65-0379803 Paoe 4 Evart IV -Al Reconciliation of Revenue per Audited FartIV-a] Reconciliation of Expenses per Audited Financial Statements with Revenue per Financial Statements with Expenses per Return (See Specific Instructions) Return a Total revenue. gaits, and other support w 8 Total expenses and tosses per audited per audited financial staterents ® a 831995. financial statements 570763. is Amounts included on line a but not on b Amounts included on ling a but not line 12 Form 99D an lino 17 Form 990 (1) Net unrealized gains (1) Donated services on Investrrrents $ & use of facdittes S (2) Donated services (2) Pnor year adjust- Y & use of facilities S • ' ments reported on (3) Recoveries of prior line 20, Form 990 S year grants # (3) Losses reported on (4) Other (specify) line 20, Form 990 $ , (4) Other (specify) Add amounts on Imes (1) through (4) > f0 " " S Add amounts on fines (1) through (4) 1,- ES C Line a rrunus line b 110. C 831995. C Luna a minus fine b P C 570763. d Amounts included on line 12, d Amounts included on lone 17, < A Form 990 but not on line a Form 990 but not on fine a. (1j Investment expenses ; ' (1) Investment expenses not included on not included on line 6b, Form 990 S lute fib, Form 990 S (2) Other (specify) r (2) Other (specify) ROUNDING S g Add amounts on lines (1) and (2) ® d Add amounts on lines (1) and (2) ® d 2. e Total revenue per line 12, Form 99D a Total expenses per line 17. Form 990 (tine c plus line d) D. I el 831995.1 (line c plus lime d) at• a 570765. Part V� List of Officers, Directors, Trustees, and Key Employees (List each one even d not compensated see Specific Instructions ) (A) Name and address (a) Title and average hours per week devoted to position (C) Compensation (it not paid, enter -0-) onto utions to empplo ee benefit plans 8 deferred comp (E) Expense account and other allowances DONALD WATHNE PRESIDENT 2 0 0 0 MARATHON FL DAVID MAKEPEACE V PRES 1 0 0 0 ISLAMORADA FL DEBBIE HARRISON SECRETARY 2 0 0 0 MARATHON FL SHERRY CARPENTER TREASURER 2 0 0 0 MARATHON FL FRED STEGBAUER EXEC DIR 401 33,538. 0 0 MARATHON FL 75 Den any officer, director trustee or key employee receive aggregate compensation of more than S100,000 from your organization and all related organizations, of wtuch more than S10,000 was provided by the retatud organizations? ® Q Yes ® No It `Yes,' attach schedule -- see Specific Instructions CAA t 9SOU NTF2557e63 Capyrlght200lamailandrN®ko-ForrrmSaftwarzOrgy Form 990 (2001) Form990(2001) PIGEON KEY FOUNDATION, INC 65-0379803 Page 5 [PartV11 Other Information (see Specific Instructions) Yes I No 76 Did brgannzation engage in any activity not previously reported to IRS? If 'Yes" attach detailed descnpWn of each activity 76 Ix 77 X 77 Were any changes made in the organizing or governing documents but not reported to the IRS? r ry If `Yes,' attach a conformed copy of the changes 70a Did the organrzation have unrelated business gross income of S 1,000 or more during the year covered by this return? 78a X 78b b If Yes,' has a filed a tax return on Form 990-T for this year? 791 X 79 Was there a liquidation, dissolution, termination, or substantial contraction during the year? If "Yes." attach a statement � a Is the organization related (other than by association with a statewide or nationwide organization) through common membership, governing bodies, trustees, officers, etc , to any other exempt or nonexempt organrzattn? 80a X b If 'Yes: enter the name of the organization li�- s and check whether it is tj exempt OR 0 nonexempt 81 a Enter direct or indirect political expenditures See line 81 instructions 181al b Did the organization file Forth 1120-POD. for this year? 81 b X 82a Did the organization receive donated services or the use of materials, equipment, or facilities at no charge or at substantially less than fair rental value? 82a X b If -Yes,' you may indicate the value of these items here Do not include this amount as revenue in Part I or as an expense in Part It (See instructions in Part Ili 182bl 832 Did the organization comply with the public inspection requirements for returns and exemption applications? 83a X b Did the organization comply with the disclosure requirements relating to quid pro quo contributions? 83b X 84a Did the organization solicit any contributions or gilts that were not tax deductible? 84a X b If `Yes,' did the organization include with every solicitation an express statement that such contributions or gifts were not tax deductible? 84b 85 501(cX4). (6). or (6) organizations a Were substantially all dues nondeductible by members? 85a 85b b Did the organization make only in-house lobbying expenditures of $2.000 or less? Y if -Yes' was answered to either 85a or 85b do not complete 85c through 85h betpw unless the organization received a waiver for proxy tax owed for the prior year C Dues, assessments, and similar amounts from members 85f z d section 162(e) lobbying and political expenditures 85d e Aggregate nondeductible amount of section 6033(eX 1 XA) dues notices 85e t Taxable amount of lobbying and political expenditures (line 85d less 85e) 9 Does the organization elect to pay the section 6033(e) tax on the amount on line 85f? 85g h It section 6033(eX1 XA) dues notices were sent, does the organization agree to add the amount on line 851 to its reasonable estimate of dues altocable to nondeductible lobbying and political expenditures for the following tax year? 85h 86 50147) orgs Enter a Initiation fees and capital contributions included on line 12 86a b Gross receipts included on line 12. for public use of club facilities 86b 87 501(cX 12) orgs Enter a Gross income from menders or shareholders 878 b Gross income from other sources (Do not net amounts due or paid to other sources " against amounts due or received from them ) 87b 88 At any time during the year, did the orgaruzation own a 50% or greater interest in a taxable corporation or partnership, or an entity disregarded as separate from the organization under Regulations sections 3017701-2 and 301 7701-3? If 'Yes," complete Part IX 88 X 89a 501(cX3) organizations Enter Amount of tax imposed on the organization during the year under section 4911 1P. section 4912 W section 49551- b 501(cX3) and 501(cX4) orgs fled the organization engage in any section 4958 excess benefit transaction v during the year or did a become aware of an excess bonefrt transaction from a prior year? If 'Yes; attach a statement explaining each transaction 89b X C Enter Arnount of tax imposed on the organization managers or disqualified persons during the year under sections 4912, 4955, and 4958 is d Enter Amount of tax on Ime 89c, above, reimbursed by the orgaruzatton 90a list the states with which a copy of this rotum is filed b Number of employees employed in the pay period that includes March 12. 2001 (See instructions 190b 1 14 91 The books are in care of ® F'RED STEGBAUER Telephone rw o- 3 0 5 - 2 8 9 - 0 02 5 Locatod at ®PO BOX 500130 MARATHON FL 2IP * 4 op 3 3 0 5 0- 92 Section 4947(aX1) nonexempt charitable trusts filing Form 990 in lieu of Form 1041 -- Check here to. and enter the amount of tax-exempt interest received or accrued during the tax year 0, 1921 CAA 1 99M NTF 2557064 Copyright 2001 Grastlaed/Noke - Forma Software Only Form 990 (2001) Form990(2001) PIGEON KEY FOUNDATION, INC 65-0379803 Pa e 6 Part 11 Analysts of Income—Producina Activities (See Specific instructions) Note Enter gross amounts unless otherwise indicated 93 Program service revenue aADMISSIONS Unrelated business income Excluded by section 512, 513, or S14 (E) Related or exempt function income 9usiness code (8) Amount W Exclusion code (D) Amount 65,492. bSITE USAGE FEES c d e f Medicare/Medicaid payments gFees & contracts from gout agencies 94 Membership dues & assessments 85 jalwesrones vines and temporary cashrrvest 96 Dividends & interest from securities 97 Het rental Income or (lose) from real ostata adebt-financed property //��/��jbnot debt -financed property !98 Net rental tiicomaor(foss)from per=rwi property 99 Other investment income 1©0 Gain or(tom)from salaaofassatsother than Inventory 101 Not Income or (loss) train special events 102 Gross profid(toss) from sales of Inventory 103 Other revenue a OTHER INC b c d 416,369. 4,545 4 16,091 e 104 Subtotal (addcolumr=(B) (D) "(E)) 502,821. IU3 ratal [add line 104 columns 1t31, lU1, and ll;;)) ® b Cis , tiL 1. . Note line 105 plus line id, Part I, should equal the amount on line 12, Part I ert V111 Relationship of Activities to the Accomplishment of Exempt Purposes (See Spectfic instructions) Line No V Explain how each activity for which income is reported in column (E) of hart VI contributed importantly to the accomplishment of the organization's exempt purposes lather than by providing funds for such purposes) 93 CHARGES TO PUBLIC AND SCHOOL GROUPS FOR TOURS OF PIGEON KEY HE TOURS ARE TO EDUCATE VISITORS ABOUT THE HISTORY AND NVIRONMENTAL SIGNIFICANCE OF THE ISLAM, ALSO CHARGE RESEARCH ROUPS WHICH USE THE ISLAND FOR MARINE ECOLOGY STUDIES. Wan JXI Intormatlon Flecardina Taxable SubsidtariOS and Disraaarded Entities fsae Snarrfir Instn,rbnns ) Name, address, and EIN of corporation, partnership, or disregarded entity Percentage of ownership int Nature of activities Total income End -of -year assets f/f If f/ f/f ran n (a) old (b) Did intormation negaraing transfers Assoctateta wan rersonal tienem contracts (see specific Instructions) ' organization, dun year, rocerve an funds. directly or indirect to a l $ n9 Y Y tY ti. pay prerruums an a personal benefit contract') Yes Na the organization, during the year, pay premiums, directly or indirectly, on a persona) benefit contracts Yes No SCHEDULE A Organization Exempt Under Section 1(C)(9) (Form 990 or 990-0) (Except Private Foundation).and Section 501(a), 501(t), 501(k), E 501 n), or Section 4947(a 1) Nonea®mpt Charitable Trust aepartmmmofthe Treasury Supplementary Information '-- (See separate instructions.) tmternai Rm mnre Servtcee t► MUST be completed by the above organizations and attached to their Form 930 or 990-EZ OMB No 1545-0047 Nam of the organization Employer identification number PIGEON KEY FOUNDATION, INC 65-0379803 Compensation of the Five highest Paid Employees Other Than Officers, Directors, and Trustees (See the aistrucimns List each one If there are none, enter "None') _. _ ........... _. ----- (a) Name and address of each employee paid rnare than $50,000 (b) Two and average hours per week devoted to position (C) Compensatan Mcontributionsta �� ed �� 'nion a xpense other allowances NONE Total number of other employees paid over $50,000 t f Compensation of the Fide Highest Paid Independent Contractors for Professional Services (See the instructions list each one (whether individuals or firms) It there are none, enter 'None I (a) Name and address of each independent contractor paid more than $50 000 (b) Type of service (c) Compensation NONE Total number of others recennng over $50.000 for professional services n r rur raperwara nwaur.11on Al" notice, sea xne instrucrians tor corm 5W and Form VW -FM Ci Schedule A tt=orm M) or 9% -FEZ) 2001 CAA 1 MA12 NTF2556"7 Copyrlght2WlGreatlarx!VRolca- Forms SoftwarmOnly Schedule A (Form 990 or 990-EZ) 2001 PIGEON KEY FOUNDATION, INC 6 5- 0 3 7 9 B 0 3 Page 2 Statements About Activities (See the instructions) Yes No 1 During the year, has the organization attempted to influence national, state. or local legislation, including any attempt to influence public opinion on a legislative matter or retarendurn7 ll 'Yes,' enter the total expenses paid or utcurred in connection with the lobbying activities li 4 (Must equal amount on line 38 Part Vf-A, or lime I of Part Vl-9) 1 X organizations that made an election under section 501(h) by filing Form 5768 must complete Part VI -A Other organizations checking "Yes," rrwst complete Part VI-B AND attach a statement giving a detailed description of the lobbying activities 2 During the year, has the organization, either directly or indirectly, engaged in any of the following acts with Gray substantial contributors, trustees, directors, officers, creators, key employees or members of their fame ws or with any taxable organization with which any such person is affiliated as an off tcer director, trustee, majority owner, or principal benofic€aryl (if the answer to any question is Yes,' attach a detailed statement explaining the transactions ) a Sate exchange or leasing of property? 2a X b Lending of money or other extension of credit? 2b X C Furnishing of goods, services, or facildies7 2C X d Payrmnt of compensation (or payment or reirribursoment of expenses if more than S1,000)? 2d X a Transfer of any part of its income or assets? 2e X 3 Does the organization make grants for scholarships, fellowships student loans, otc 7 (See {dote below } 3 X 4 Do you have a section 403(b) annuity plan for your employees? 4 X Note: Attach a statement to explain how the organization detormines that individuals or organizations recerving grants or loans from it in furtherance of its charitable programs "quaftfy` to receive payments Part Reason for Piton -Private Foundation Status (See the instructions ) The organization is not a private foundation because rt is (Please check only ONE applicable box ) 5 A church, convention of churches, or association of churches Section 170(bXIXAX€) 6 A school Section 170(bX 1 XAXO (Also complete Part V ) 7 A hospital or a cooperative hospital service organization Section 170(bXIXAXe0 5 A Federal, state, or local government or governmental unit Section 170(bXIXAXv) 9 A medical research organization operated in conjunction with a hospital Section 170(bX1 XAXiii) Enter the hospital's name, city, and state 10 An organization operated for the benefit of a college or university owned or operated by a governmental unit Section 170(bX 1 XAXrv) (Also complete the Support Schedule in Part iV-A ) 11a ® An organization that normally receives a substantial part of its support from a governmental unit or from the general public Section 170(bX1 XAXvi) (Also comptete the Support Schedule in Part IV -A ) 11 b n A community trust Section 170(bX1 XAXvi) (Also complete the Support Schedule in Part N-A ) 12 �U"� An organization that normally receives (1) more than 33 U31% of its support from contributions, mornbership fees, and gross receipts from activities related to its charitable etc , functions -- subject to certain exceptions and (2) no more than 33 1130A of its support from gross investment income and unrelated business taxable income (Tess section 511 tax) from businesses acquired by the organization after .tune 30, 1975 See section 509(aX2) (Also complete the Support Schedule in Pan lV-A ) 13 r An organization that is not controlled by any disqualified persons (other than foundation managers) and supports organizations described in (1) lines 5 through 12 above, or (2) section 501(cX4), (5), or (6) d they met the test of section 509(aX2) (See section 509(aX3) ) Provide the following information about the supported organizations (See the instructions ) (a) Name(s) of supported organization(s) (b) tine number from above 14 nAAn organization organized and operated to test for public safety Section 509(aX4) (See the instructions ) CAA 1 MAU HTF 25MM Copyright 2001 Croattaowyalco • ForrinSortwar®Orgy Schedule A (Farm 990 or 990-EZ) 2001 Schedule A(Form 990or990-E2)2001 PIGEON KEY FOUNDATION, INC 65-0379803 Page3 Support Schedule (complete only d you chocked a box on line 10, 11, or 12) Use cash method of accounting. Note You'may use ft workshoet tit the instructions for converting from the accrual to the cash method of accounting Caiardaryear (or fiscalyearbeginningIn) 11 (a) 2000 (b) 1999 (c) 1998 (d) 1997 (e) Total Gift* grants,andcontributlarm receigrants (Go � t®ncfr Include rmttsuat 275,730. 99,325. 359,526. 734,581. 16 M*mbershrpfeesreceived 7,660. 5,075. 5,155, 17, 890 . 17 rpm merchardlsa said or sarvkes ppearr}owned or furnishing of iacllEtlea [n any activity that Is relchared to itallo lc puriwse charitable etc r 632,813. 608,878. 515,773 1,757,464 Gross Incurna from Interest, amounh6 received from poplaavidends t3acl�lon512(a)(5)) rents,aam royalties, and unrelated buslnass taxable income section 511 tbayxes) from budnessas acquired 975 a organtzsrion after June 30 6 81 . 68 19 N at income from unrelated buslnass activities not Included In uno 10 20 Tax revenues WAW for the organrzallon s benefit and either paid to It or expended an Its behalf 21 The value of sarvkaof facilities furnished to the organization by a goverranantal unit wlthout charge Do not Include the value of services or facilitias general furnished to the pulak wittwa charge 22 Otherincorne Attachaschedule Do nol inctuda gain ar (ion) from sale of capital assets 6,431. 2,278. 8,709. 28 Total ofllnrsl5through 22 916,884. 719, 709. 882,732. 2, 519, 325 . 24 Line 23mlraaniinel7 284,071. 110,831. 366,959. 761,861. 25 Enterl%ofllna23 9,169. 7,197. 8, 827 . 26 Organizations described on lines 10 or 11 a Enter 2% of amount in column (a) line 24 m 26a 15, 237 b Prepare a list for your records to show the name of and amount contributed by each person (other than a governmental unit or publicly supported organization) whose total gifts for 1997 through 2000 exceeded the > amount shown in line 26a Do not file this ltst with your return Enter the total of all these excess amounts Is 26b C Total support for section 509(aK 1) test Enter line 24, column (e) o 26c 761, 861. d Add Amounts from column (e) for lines is 681 19 22 8,709. 26b is 26d 9,390. a Public support (line 26c minus line 26d totat) v, 26e 752,471. f public support percentage (line 26o (numerator) divided by line 26c (denominator)) D, WfT 9 8 . 7 7 Y. 27 Organizations described an line 12 a For amounts included in lines 15 16, and 17 that were received from a'disqualified person," prepare a fist for your records to show the name of, and total amounts received in each year from, each "disqualified person " Do not file this list with your return Enter the sum of such amounts for each year (2000) (1999) (1998) (1997) b For any amount included in line 17 that was received from each person (other than "disqualified persons'), prepare a list for your records to show the name of, and amount received for each year, that was more than the larger of (1) the amount on line 25 for the year or (2) $5.000 (Include in the list organizations described in lines 5 through 11. as well as individuals ) Do not file this list with your return After computing the difference between the amount received and the larger amount dascnbed in (1) or (2), enter the sum of these differences (the excess amounts) for each year (2000) (1999) (1998) (1997) C Add Amounts from column (e) for lines 16 16 17 20 21 b. 27c d Add Line 27a total and hire 27b total b. 27d e Public support (lute 27c total minus line 27d total) ss 27e f Total support for section 509(aM2) test Enter amount from lute 23, column (e) ® 27f g Pubttc support percentage (line 27e (numerator) divided by Irne 27f (denominator)) > 27g h Investment Income percentage (fine 18. column (a) (numerator) divided by line 27f (denominator)) ® 27h 28 unusual Grants For an organization described in bne 10, 11, or 12 that received any unusual grants during 1997 through 2DDO, prepare a list for your records to show for each year, the name of the contributor, the date and amount of the grant, and a brief description of the mature of the grant. Do not file this lost with your return Do not include these grants in lime 15 cnn 1 SWA34 NTF assssss Copyright ZOO l GreatlandrNatco - Forms software only Schedule A (Form 990 or 990-EZ) 2001 Schedule A (Form 99D or 990-E2) 2001 PIGEON KEY FOUNDATION, INC 65 - 03798 03 Pago Part VJ-AF Lobbying Expenditures by Electing Public Charities (See the instructions) (To be completed ONLY by an eligible organization that filed Form 5768) Check 1 a77 if the organization belongs to an affiliated group Check ® b d you checked "a" and-lirnrted control- provisions aonty Limits on Lobbying Expenditures (The term 'expenditures' means amounts paid or incurred ) 56 Total lobbying expenditures to influence public opinion (grassroots lobbying) 37 Total lobbying expenditures to influence a legislative body (direct lobbying) 38 Total lobbying expenditures (add lines 35 and 37) 39 Other exempt purpose expenditures 40 Total exempt purpose expenditures (add fines 38 and 39) 41 Lobbying nontaxable amount Enter the amount from the following table -- If the amount on line 40 is -- The lobbying nontaxable amount m »- Not over $500.000 20% of the amount on line 40 Over $500,000 but not over $1,0D0,000 s100000plu315%of thaexcassavwS5W,000 Over $1,W0.G00 but not oval $1,500000 $175,000plus 10%atthaexcos*avw$1000000 Over $1,500.000 but not over $17 000 000 s225,000plu35%of1he0xces9ov $1500WO Over $17,000,000 $1.000,000 42 Grassroots nontaxable amount (enter 25% of line 41) 43 Subtract line 42 from line 36 Enter -0- it line 42 is more than lire 36 44 Subtract line 41 from line 38 Enter -0- if line 41 is more than line 38 Affiliated group totals To be completed for ALL electing 41 42 Caution. If there is an amount on either line 43 or line 44 you must file Form 4720 V 4-Year Averaging Period Under Section 501 W (Sorry organizations that made a section 501(h) election do not have'to complete all of the five columns below Soo the instructions for lines 45 through 50 ) Lobbying Expenditures Ouring 4-Yeah Averaging Period calendar year (or fiscal (a) i (b) W (d) (a) year beginning in) pi 2001 2000 1999 1998 Total 45 Lobbying nontaxable amount 45 Lobbyi Celli amount of line W;') 47 Total lobbying expenditures 4g Grassroots nontaxable amount 49 rassroges Calling amount ; �Q�% of line 4�B`�1J 50 Grassroots lobbying expenditures Ivi—a r..owying Acuvity ny noneiectmg eumic marines (For reporting only by organizations that did not complete Part VI -A) (See the instructions ) During the year, did the organization attempt to influence national, state or local legislation. including any Yes No Amount attempt to influence public opinion on a legislative matter or referendum, through the use of a Volunteers b Paid staff or management (Include compensation in expenses reported on lines c through h } v C Media adverusernents d Mailings to members legislators, or the public e Publicauons or published or broadcast statements i Grants to other organizations for lobbying purposes 9 Direct contact with legislators, their staffs, govarnment officials, or a legislative body h Rallies demonstrations, seminars. conventions, speeches. lectures, or any other nuns 6 Total lobbying expenditures (Add lines c through h ) if Yes" to any of the above, also attach a statement giving a detailed description of the lobbying activities r CAA 1 990A56 NTF25S70o1 Ccpyrteht2001 Gremtkndrwarco- Fom*Seltwareonly Schedule A (Forth 990 or 990-EZ) 2001 Schedule A(Form 990or990-EZ)2001 PIGEON KEY FOUNDATION, INC 65-0379803 [fart Information Regarding TransferS TO and Transactions and RetallOnShIPS With MnCharnaofe Exempt Organizations (seethe instructions ) it Did the reporting organization directly or indirectly ongage in any of the following with any other organization described in section 501tc) of the Code (other than section 501(cX3) organizations) or in section $27, relating to political organizations? a Transfers from the reporting organization to a nonchardablo exempt organization of Yes No (i) Cash e9 a I X (it) Other assets aTi T X b Other transactions (r) Sales or exchanges of assets with a noncharitable exempt organization W) X (it) Purchases of assets from a nonchantable exempt organization b tl X (tit) Rental of facilities, equiptntint, or other assets b to X (iv) Reimbursement artangentents b IV X (v) Loans or loan guarantees b V X (vi) Performance of services or membership or fundraising solicitations b Vi X C Sharing of facilities, equipment, mailing lists. other assets or paid employees C X d If the answer to any of the above is 'Yes,' complete the following schedule Column (b) should always show the fair market value of the goods other assets, or services given by the reporting organization If the organization received less than fair market value in any transaction or sharing arrangement, show in column (d) the value of the goods, other assets, or services received (a) (b) (c) (d) Line no Amount involved Name of noncharitabla exempt organization Description of transfers, transactions, it sharing arrangerritints 52a is the organization directly or indirectly affiliated with, or related to, one or more tax-exempt organizations described tit section 501(c) of the Code (other than section 501(cX3)) or in section 5279 ®❑ Yes ® No b It 'Yes,' complete the following schedule (a) (b) (c) Name of organization Type of organization Description of relationship CAA 1 990A56 NTF2557010 Copyright 2eot GreattuWbiatco - Farr= Sol twareG* Schedule A (Form 990 or 990-EZ) 2001 $cheduse Schedule Contributors Fora 990990-EZ, or 990 W Supplementary Information for line t of Form 990, Rep�rtmentd1jhoTrmury inn tra1Revenuo servlse 990EZ and 990-PF (see instructions) OMB No 1545-0047 ME Name of organtzation Employer identification number DTfIVAAT WVV VnTTATTIIl'PTnKT TATO I rr,-ni74Rf i IMPORTANT Schedule B (Form 990, 990-EZ, or 990-PF) is - Disclosable for la Section 527 organizations that file Form 990 or 994-EZ P► Organizations that file Form 990-PF Nondisclosable for 0, Organizations that file Form 990 or 990-EZ except for section 527 organizations (see above) Organization type (check one) Filers of Section Form 990 or 990-EZ 501 (c)(3 ) (enter number) organization 4947 (a) (1) nonexempt charitable trust not treated as a private foundation 527 political organization Form 990-PF H 501 (c) (3) private foundation 4947 (a) (1) trust treated as a private foundation Check if your organization is covered by the General rule or a Special rule (Mote. Only a section 501 (c) (7), (B), or (10) organization can check box(es) for both the General rule and a Special rule - see instructions General Rule - ® For organizations filing Form 990, 990-EZ or 990-PF that received, during the tax year. $5,000 or more (in money or property) from any one contributor (Complete Parts I and 11 ) Special Mutes - For a section 501 (c) (3) organization filing Form 990 or 990-EZ that met the 33 1/3% support test of the regulations under 509 (a) (1)/170 (b) (1) (A) and received a contribution of the greater of $6,000 or 2% of the amount on line 1 of these forms from any one contributor (Complete Parts I and II ) For a section 501 (c) (7),(8) or (10) organization filing Form 990 or Form 990-EZ that received total contributions or bequests of more than $1,000 for use exclusively for religious, charitable, scientific. Irterary, or educational purposes, or the prevention of cruelty to children or animals (Complete Parts t Il, and ill ) 0 For a section 501 (c) (7), (8), or (10) organization filing Form 990 or Form 990-EZ that did not receive total contributions of more than $1,000 for use exclusively for religious, charitable, etc, purposes (It this box is checked, enter here the total contributions received during the year for an exclusively religious, charitable, etc. purpose Do not complete any of the Parts unless the General rule applies ) D. $ Caution Organizations that are not covered by the General rule and/or the Special rules do not file Schedule B (Form 990, 990-EZ, or 990-PF) but MUST check the box in the heading of their Form 990, Form 990-EZ, or on lire 1 of their Form 990-PF, to certify that they do not meet the filing requirerrishts of Schedule B (Form 990, 990-EZ, or 990-PF) For Privacy Act and Paperwork Reduction Act Notice, see instructions BCA Copyright form saftwarear0y2000UnivarzalTax Syrston=,tnc Ailrlghtsiesnrad US99OBSI Schedule 8 (Form 920990-EZ,or9so-PF)(2oei) Schqdule 8 (orm 990, 990-EZ, or 990-PF) (2001) Pa —1 to ___2 of Part I Name! of organization Employer tdenhftcation number PIGEON KEY FOUNDATION, INC 165-0379803 Part 1: Contributors (a) (b) (c} (d) No Narno, address and zits code Aggregate contributions Typo of contribution ] $_ 75,000, Person Payroll Noncash (Complete Part It if a noncash contribution) (a) (c) (d) No Ag re ate contributions Type of contribution 2 S 81,470. Person Payroll Noncash (Complete Part II rf a noncash contribution) (a) (c) (d) No Aggregate contributions Type of contribution 3 S 6,740 Person Payroll Noncash (Complete Part It it a noncash contribution) (a) (c) (d) No Aggregate contributions Type of contribution 4 $ 25,000. Person Payroll Noncash (Complete Part II if a noncash contribution) (a} (c) (d) No re ate contributions Type of contribution 5 S 15,000. Person Payroll Noncash (Complete Part II it a noncash contribution) (a) (c) (d) No Aggregate contributions Type of contribution 6 S 25,000. Person Payroll Noncash (Complete Part II if a noncash contribution) SchadWoB(Form990orSW- EZ or990-PF)(LOat) 8CA Copyright form Set twaropnly,2901UrdversaiTax 5yatwym,Inc Altrtghtarazarysd USSWBs2 Namdall Organization PIGEON KEY Part 1: Contributors (a) (b) (c) (d) No Name, address and zip code Aggregate contributions Type of contribution 7 t+ 7,000. Person Payroll Noncash (Complete Part Il if a noncash contribution) (c) (d) (a) No Aggregate contributions Type of contribution 8 $ 5,500. Person Payroll Noncash (Complete Part 11 d a noncash contribution) (a) (c) (d) No Aggregate contributions Type of contribution 9 10,000. Person Payroll Noncash (Complete Part II it a noncash contribution) (a) (b) (c) (d) No Name, address and zip code Aggregate contributions Type of contribution $ Person Payroll Noncash (Complete Part 11 if a noncash contribution) (a) (b) (c) (d) No Name, address and zip code A gregate contributions Type of contribution $ Person Payroll Noncash (Complete Part it d a noncash contribution) (a) (b) (c) (d) No Name. address and zap code re to contributions Type of contributian $ Person Payroll Noncash (Complete Part 11 d a noncash contribution) S4;hodtAaB(FormMor9W-EZ or990-PF)(20171) SCA Copyright form software only 2001Unbm"Tax Systems, tnc AM rights reserved us"OSS2 Form 5 2 Depreciation and Amortization OM8 No 1545-0172 (Rev March,2002) (including Information on Listed Property) 2001 pepartmant of %he Troasury Attachment internal Revemm Service (99) 111- See separate instructions ® Attach to your tax return. Sequence No 67 Narna(s) shown on return I Business at activity to which this form relates Identifying number PIGEON KEY FOUNDATION, INC IFORM 990 65-0379803 Noto If you have any listed property, complete Part V before you complete Part I 1 Maximum amount See the instructions for a higher f€rnit lot certain businesses 2 Total cost of section 179 property placed in service (see the instructions) 3 Threshold cost of section 179 property before reduction in limitation 4 Reduction in limitation Subtract line 3 from line 2 If zero or less, enter -0- 5 Dollar limitation for tax year Subtract line 4 from Gne 1 If zero or less, enter -0- If married filing separately, see the instructions 5 (a) Description of property (b) Cost (b�use only) (e) Elected cost 7 Listed property Enter the amount from line 29 7 j 8 Total etected cost of section 179 property Add amounts in column (c) lines 6 and 7 9 Tentative deduction Enter the smaller of line 5 or fine 8 10 Carryover of disaffowed deduction from line 13 of your 2000 Form 4562 11 Business income firrvtation Enter the smaller of business income (not less than zero) or fine 5 (see instructions) 12 Section 179 expense deduction Add lines 9 and 10, but do not ranter morn than line 11 13 Carryover of disallowed deduction to 2002 Add lines 9 and 10. less line 12 to. 113 Note Do not use Part II or Part III below for fisted property Instead, use fart V [POA111 Special Depreciation Allowance and Other Depreciation (Do not include listed pror 14 Special depreciation allowance for conain property (other than listed property) acquired after September 10, 2001 (see the instructions) 15 Property subject to section 168(fX11) election (see the instructions) 16 Other depreciation (including ACRS) (see the instructions) Part IHJ MA►CRS Depreciation (DA not include listed property) (See the instructions ) Section A 17 MACRS deductions for assets placed in service m tax years beginning before 2001 18 It you are electing under section 1686M to group any assets placed in service during the tax year into one or more general asset accounts, check here b. F $24.000 5 24e000. W 171 40,434. Section B -- Assets Placed in Service Dunna 2001 Tax Year Usina the General Depreciation System (a) Classification of property b Month and year placed in service c Basis for depr (txnineswirwastmentusa o--umtMtructrores (d) Recovery, period P (a) Convention (f) Method (g) Deprecialion deduction 19a 3-year property b 5-year property 30,768. 5 HY SL 1,812. C 7-year property 15,500. 7 HY SL 738. d 10-year property e 15-year property 1 20-year property g 25-year property 25 yes S/L h Residential rental prop®cry 27 5 yrs MIM SR 27 5 yrs MM SA- i Nonresidential real propertyI 01 2 0 0 2 279,637 39 yrs MM S/L 3,286 i S!L Section G -- Aseetti Placed in Service During 2001 Tax Year Using the Alternative Depreciation System 20a Class life S/L b 12-year 12 yrs SA. c 40-year 40 yrs MM S/L PartIVI Summary (See the instructions) Go7yrlght2002Grearli"Maico- Forms Software,0* 21 Listed property Enter amount from line 28 21 22 Total Add amounts from fine 12 lines 14 through 17, lines 19 and Z0 in column (9). and fine 21 Enter here and on the appropriate lines of your return Partnerships and S corporations -- see instr 46,270 23 For assets shown above and placed in service during the current year, enter the portion of the basis attributable to section 263A costs 1231 For paperwork Reduction Act Notice, see separate instructions CAA 1 456212 NTF 2658226 Form 4562 (2001) (Rev 3-2002) Form 4562 (2001) (Rev 3-2002) PIGEON KEY FOUNDATION, INC 65 - 03 7 9803 Pago 2 PBI� Listed Proper (Include automobiles, certain other vehicles, cellular telephones, certain computers, and property used for entertainment, recreation, or amusement ) Note For any vehicle for which you are using the standard rroleage rate or daducturg lease expense, complete only 24a, 24b, columns (a) through (c) of Section A, all of Section B, and Section C if applicable Section A -- De®reciation and Other Information fCautrnn Sae the rixtnrcrrnne Mr ir„ruin tnr naccnr nr a„rnr vS„loa 1 24a Do you have evidence to support business/investment use ctarrrerdO Yea No 24b If "Yes; is the "dence written? Yes fdo (a) Type property Date faced in investment t use (d) Cost or Basis for depr (burn t (P) Recovery (g) Method/ (h) Depreciation Elected (list vehicles first) h p service percentage other basis use only) a only) penod Convention deduction section 179 cast 25 Special depreciation allowance for listed property acquired after September 10, 2001, and used more than 50% in a qualified bustriess use (see the instructions) 125 WSineSS use {See the Instructions) 29 Add amounts in column W. line 26 Enter here and on line 7, page 1 - 29 Section B -- Information on Use of Vehicles Complete this section for vehicles used by a sole proprietor partner. or other "mare than 57. owner,- or related person If you provided vehicles to Your etT loycos, first answer the oue5tions in Section C to see if you meet an exceohnn to eorrmletirin ihrc section Mr tKn" vQhtetac 30 Total businessfinvestment males driven during the year (do not include commuting miles -- see the instructions) 31 Total commuting rrules drrven during year 32 Total other personal (noncommutrng) miles driven 33 Total rriales driven during the year Add lines 30 through 32 34 Was the vehicle available for personal use during off -duty hours? 35 Was the vehicle used primarily by a more than 511. owner or related person? 36 Is another vehicle available for personal use? (a) Vehicle 1 (fs) Vehicle 2 (c) Vehicle 3 (d) Vehicle 4 (a) Vehicle 5 (f) Vehicle 6 Yes No Yes No Yes No Yes No Yes Ho Yes No ec ion C -- Questions for Ernolavers Who Pr. or Usil v I neir Ernolovens Answer these questions to determine if you moat an exception to completing Section B for vehicles used by employees who are not more than 511. owners or related persons (see the instructions) 31 Do you maintain a written policy statement that prohibits all personal use of vehicles, including commuting, by your Yes No employees' 38 Do you maintain a written poky statement that prohibits personal use of vehicles, except commuting, by your employees? See the instructions for vehicles used by corporate officers. directors, or 1% or more owners 39 Do you treat all use of vehicles by employees as personal use? 40 Do you provide more than five vehicles to your employees, obtain information from your employees about the use of the vehicles, and retain the information received? 41 Do you met the requirements concerning qualified automobile demonstration use? (See the instructions ) [dote if your answer to 37, 38, 39, 40, or 41 m "Yes; do not complete Section B for the covered vehicles Description of costs (f�) Date air nization begins (e) Amorrr2aable amount (d) Code section to i Ap iod or percentage (f) Arrortizalion for this year 42 Amortization of costs that begins dunng your 2001 tax year (see the instructions) 43 Amortization of costs that began before your 2001 tax year 44 Total Add amounts in column (f) See the instructions for where to report 43 11,500, 44 11,500 CAA 1 4%212 NTF2558227 Copyright 2002GreattarkllNolco-FairmSoftwaraonly f 0rm 4:W (2001)(Roy 3-2002) us 998 Attachmentto Frm 990/99OPF/990EZ 2001 Name PIGEON KEY FOUNDATION INC Wriumbor 55-0379803 Part t - Statement of Revenue, Expenses, and Changes in Net Assets Line 9 spectal Events ( A ) (a) ( C) other fatal Gross Receipts Loss Contributions Gross Revanuo Less Direct Expenses Not Income or (loss) 71,081. 71,081. 71,081. 71,081. 45,527. 45,527. 25,554. 25,554. Description of Events (A) ART FEST ON THE ISLAND OF PIGEON KEY FEATURING MARINE THEMES (B) (c) Other Cdpynghttormsottwareany Z001UrdveraatTax Syslrfma.Inc Ail rIghtsreaarved USW990S1 Pr O RL G] tx a ri E A H W ul d H Ca 0 N , QQD� pippp D HOH� V) V) U! to U] (a U] w i �{ 1 n I � I i _ (A 03 = Ql U 1 r! rl E to w t , r � , c U , 0 I r r'I r 01 N 0 oD H 0 Ln N LD lD O H ri I al vV r r-1 y r m .--I qr N O al In N N r 1� ±•1 I 0 to 0 U) r-I M Ol r H m r 4 r( O N X M I c4 O U) to r H 1-1 QJ Q% 1 Z I 1 r O 0 rr N a r U) o o to ri m m CO m (N r lD lD O ri ri • 1 O1 " W al yr to tD N M Ln co H ID N U) O O O) M Ul N N rl L3 V CD Ln N .4 ri M m Ln ra m r•J r•i C7 N (ir 1 co m V4 tD m rl H 1 y I r r-1 r al N lD U1 0 o 0 m •-i O Ln al Ln N r lD LD 0 r{ ri I a1 V r 4-1 Vr m m U) m Ln aD H 01 v M N O m m m N N r Qj N 1 Q iD O Ln N ri r-I rn 61 r H m r-I ri O N 1i C1 L m CO Ln to m r-1 ri 1 1 L r ri .0 r m 0 m N (11 m( 1 tD 0 0 0 0 N m VI O r CID tD VI O o Ln m }J I 01 M ri o lD o m m LD al O5 r O m M N at m m Ul r- V 4 0 LD w NV W o m I r•i rl LO m 0 M 01 v tD tD ri En 0 Ln m v m m ra '1r N tD H H M M A P4 , to r-1 tD ri O m OD N RI p i v mri H I �+ }I I C7 g 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 0 Ca U N 1 I O M to a1 O1 m m r Ln Ln Lo Ln m w m in in r Ln f- r Ln r r Jn Ln to Ln Ln v M m m M M 1 � 1 iA L �� aaaaaaaaaaaaaaaaaa,�aaaaaaaaaa 1 to to U) Ul (D U) (n 0 0 (0 W to W cn co co V) U) M to U) M Ul U) U) Ui V] co u] 1 rl Lfl m Lo •r r O m v.+ v O o UI o 0 0 0 r-i O m� o Ln o a o M r m (1) 1 m m m v M m 0 N O) 0 0 d Ln o m M N m m i" f` ri r O m O O Ul tD N L m M in r +--€ lD Ln M V M M V M O M M V N V 0 0 M r Ln r tD H m M (n I m ri m Ln L(I G1 r( ri r-i ri O M r-1 m in N in r4 ro L N m O1 Ut r H H aj 1 m m r-I N N _ 1.J t U = U of (i) , 0 r gi th H u] 1 , M (u 1 O 0 0 0 0 Ca O Q O 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 gy m= 0 0 o 0 o 0 0 0 0 cc 00 C7 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 t4 s ri r1 rl r{ ri r-I H H H H ri ri r•( rA -E r-I H H ri 1 H H ri s 4 H ri -I H M = riLDmtDtl•ratlswovoUtooL7oriomLDOLn(�ooMras 1 ma,o�amr•LOLvo,00•a�LnvmrnN+ntnrr,r-it�oL:,aoultD J-1 I M U) M r H La 0 M m a m o m M V N v o o M r M r tD H M M In In I N ri M m Ln a%% riH ri r 4 O m 1-1 M-r U) N Ln r-i (J I M m r4 N N I 0) rc I Ln L6 r m r-( N v tD r m m O1 01 m tr tD to tD Ia p- m w at at o r1 •-1 r 1 �v O1 Ol al a1 0 0 0% O1 M 0% m al m 01 m ai (1 0) of a1 o1 01 al m O o O O al D U I r r r r r r r r r r r r r r r r r r r r r r r r r r r r r l d I N Ch O m M ri O r N N m M m O m N UI r m d• N O ri r f O H m '4= r- I ri 0 Yi 0 0 O ri Ct o H Q o O r-( O O o O O O o H H r( r-4 O o O 0 a: O ca to H E-r w t7 H a; a yy w �• I w w Q 1Y A w a x H W z W w H ,r� r� a"4 GALL W O z L)(a LA' In C? 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Other Functional Expenses: Page 2, tine 43 2001 Program Management Descnptlon of the Asset Total Services and Genera[ Fundrarsln DUCATION PROG EXP 83,908. 83,808. ADVERTISING 13,520. 13,520 RETURN FEES 157. 157. DUES & SUBSCRIPTIONS 700. 700. ANK./CR CARD FEES 5,025. 2,669. 2,356. ICENSES & PERMITS 1,524. 1,524. INSURANCE 28,270. 28,270. EPAIRS & MATNT 17,898. 17,898. TLITIES 24,835 24,835 ISCELLANEOUS 2,042. 2,042. 177,779 86,477. 77,782. 13,520. Gopyrightform=ftw"o* 2001UnFvcrsMTax Systcma,Inc Allrlghtsrasanrcd faSS X43t -.'."886a I Application for Extension of Time to File &T, (December 20001 OUDNO 1545 here Department ofetroTransury Exempt Organization Return In[arnal Revenue Service ® Re a separate application for each ralufn a If you are filing for anAutomatic 3-Month Extension, complete only Part I and check this box ® It you are filing for anAdditional (not automatic) 3- Month Extension, complete only Part it (on page 2 of this form) Note Do not complete Part 11 unlace you have already been granted an automatIc 3-month extension of ® previously filed Form 6868 Kilit:l: Automatic 3- Month Extension of Time -Only submit original (no copies needed) Note Fond 990.T corporations requestmg an automatic 6-month extension -check this box and complete Part I only d All other corporations (including Form 99D-C filers) must use Form 7004 to request an extension of time to file income tax returns Partnerships, Type or print File by the due d aia for tiling your return Soo instructions Name of Exempt PIGEON KEY FOUNDATION, umber, street and raom or Wall no If a P 0 PO BOX 500130 ty, town or post office, state, and ZIP code-1 MARATHON FL 33050-0130 INC box, see instructions F/K/A a foreign address, we instructions Check type of return to be filed (fila a separate application for each Tatum) 65-0379B03 Form 990 Form 99D. T (corporation) Form 4720 Form 990 BL Form 990- T (sec 401(a) or 408(s) trust) Form 6227 Form 9M EZ Form 990- T (trust other than above) Form 6069 Form 99D- PF Form 1041-A Form 8870 number if the organization does not have an oftiw or place of business in the United States, check this box P a ® If this is for Group Return, enter the organization's four digit Group Exemption Number (G1:N) If this is for the whole group, check this box m ® If ills for part of the group, check this box ® ® and attach a list with the names and elNs of all members the extension will cover 9 1 request an automatic 3- month (6- month, for 99D-T corporation) extension of time until 02 / 15 / 2 0 0 3 to file the exempt organization retum for the organization named above The extension to for the organization's retum for b calendar year 20 or ® tax year beginning JUN 30, 20 01 and ending JUN 30, 20 02 2 If this tax year is for I= than 12 months, check reason ® Initial return ® Final return a Change in accounting period 3a If this application is for Form 990- BL, 990- PF, 9W T. 4720, or 6069. enter the tentative tax, less any nonrefundable credits See enstructios $ b If this application is for Form 990- PF or 990-T, enter any refundable credits and estimated tax payments made Include any pnor year overpayment allowed as a credit $ c Balance Date Subract line 3b from line 3a Include your payment wdh this form, or, if required, deposit with FM coupon or, if required, by using EFTPS (Electronic Federal Tax Payment System) See instructions $ Signature and Verification Under penalties of perjury t declare that I have examlnod this form. Including eCcompanying schedules and statements and to tho bsial of my know ledge and ball,! it istrue, correct and complato and that I am authorized to prepatethia form St nature>... 'jr A� For Pope rwork Reductlon Act Notice, sea :�WLW1JAM Date 1► Form 5868 02-2000) BCA Copyright form softwirreonly, 20DIUniversatTax Systama Inc Atlrlghlsresereed u684ea5i To: Mayor DiGennaro & County Commissioners Tom Willi, County Administrator From: Suzanne Hutton, County Attorney Date: March 8, 2007 T Number of Cases New cases opened in last month 6 Constitutional Officers 11 Cases closed since last report 3 Engineering 7 CAY active cases 43 Growth Management 48 Potential cases not yet filed 11 Public Works 4 Outside Counsel Cases 30 Risk Management 9 Total Active Cases pending 73 Index Significant Developments Page 2 New Cases 3 Cases Closed 3 CAY Litigation Cases Trial & Appellate Level 4 Potential Cases 14 Outside Counsel Cases 17 Aronovitz, Tod (1 case) 17 Ferencik, Libanoff (Ira Libanoff) (5 cases) 17 Gray Rdbinson (Ed Scales & M. Campbell) (1 case) 19 Greenberg, Traurig (Dave Jordan) (1 case) 19 Johnson, Anselmo, (Bruce Johnson & Mike Burke (17 cases) 20 Paul, Hastings (Bob Freilich & Derek Howard) (4 cases) 25 Purdy, Jolly (Summer Baranco) (1 case) 27 I Bauknight v. Monroe County — March 7, 2007 -- Judge Garcia granted County's motion for summary judgment as to liability in this takings case for three lots on Big Pine. This ruling will end case at trial court level. Property owners are expected to appeal. Collins v. Monroe County — Judge Audlin scheduled a bench trial on liability on this multi-plaintiff/multi-lot takings case for June 18, 19, and 25, 2007. Emmert v. Monroe County — Judge Garcia scheduled a bench trial on the issues of liability for a taking and vested rights for this Ocean Reef lot for April 9, 11, & 12, 2007. Florida Keys Citizens Coalition & Last Stand v. DCA & Monroe County -- final administrative hearing on challenge to the Tier system ordinances to be held March 14-16, 2007. Fuchs v. Monroe County— March 1, 2007, Judge Audlin heard oral argument on this code enforcement appeal from an order finding that Fuchs had violated the OSTDS ordinance. Galleon Bay — Oral argument scheduled for March 20, 2007 before the Third District Court of Appeals on the County and State's appeal of Judge Payne's order granting a new trial on damages. Lightner v. Monroe County — March 5, 2007, case re -assigned to Key West division and Judge Jones. February 13, 2007, Judge Garcia had granted the County's motion to transfer this takings claim brought by multiple property owners on Big Pine and No Name Keys to the correct division under local court rules. A hearing on the County's motion to dismiss will now be scheduled. !Neuman v. Monroe County — February 28, 2007 — Judge Jones granted most of County's motion for summary judgment as to liability in this takings case for one lot on Big Pine. A limited issue remains as to whether there was a temporary taking. Of notd, the property owner still is not ready to build. Another round of motions is possible before remaining issue set for bench trial on liability. Neumont v. Monroe County -- April 19, 2007 — Oral argument scheduled before the Florida Supreme Court on the question certified by the 111h Circuit Court of Appeals on whether the County complied with Florida law when it adopted the vacation rental ordinance in 1997. Walgreens v_ Monroe County & Florida Keys Citizens Coalition — April 20, 2007 — hearing on County's motion to clarify the Court's jurisdiction over appeals of devblopment approvals issued pursuant to settlement agreement. 4 Mahlock, P. v. K. Raaon, Key Colony Beach, Monroe County CA P 07-97 Circuit Court 16Judge: Garcia Date Filed: 2/21107 Negligence case filed by roller blader on KCB bike path. Public Works/Risk Management RBS Current Status: Reviewing case to determine if County has any liability; CAY will defend County during initial stages. Next Activity: County's responsive pleading due 3/26/7_ Time: 2.7 Costs: 0.00 In re: Trinsic, Inc, et al 07-10320 thru 10324 Bankrutpcy Court Alabama Judge: M. Mahoney Date Filed: 2112/07 Bankruptcy action by 5 inter -related telephone providers. County's interest is based on unpaid 911 fees at 50 cents per line. Constitutional dicer/Clerk RBS Current Status: Claims assessment completed by legal staff. County owed $3.50 per month. Last received payment in November 2006. Next Activity: No action to be taken because of minimal amount owed. Time: 1.2 Costs: 0.00 Circuit Court (,Wn) Judge: Audlin Date Filed:12/20/06 Personal injury claim arising from alleged injuries sustained at East Martello. RiskManagement/Public Works RBS 1. Current Status: Plaintiff dropped County from suit. Next Activity: Closed. Time: 1,0 Co 0.00 Fees billed to date: 0.00 3 I�TI��I-ali�1 f ��3 �li�iL�T1I'�•7�ii•T�Ti�'�Illl�l�I ��ti� ��3•I��l*1�1�'� �l�h�� lrl�t Circuit Court (16`°) Judge;: Garcia Date Filed: 1217l06 Writ of Prohibition regarding Code Enforcement proceeding. Growth ManagementlPlanning RBS Current Status: Writ of prohibition granted 212107. No motion for costs filed within 30 days. Next Activity: Closed. Time: 9.1 Costs: 328.50 Williams, Charles v. Luis Garcia & Monroe County 4:06-cv-10043- M US S.D.Fla. Judge: Moore Date Filed: 5116106 Inmate civil rights action against Judge and "County as his employer'. ConstitutionalOfficer/Judge Current Status: Next Action: Time: 0.3 Dismissed for failure to state a claim before County served. Note. F47,7MBEEK11 it Acredited Home Lenders, Inc. v. Olga Ruiz & Monroe County CA K 06-543 Circuit Court le Judge: Jones Date Filed: 5125106 Mortgage foreclosure action on property County holds $36k SHIP mortgage on. Monroe County Housing Authority RBS Current Status: Action in abeyance while Ruiz makes payments. e Next Activity: None. Time: 5.7 Costs: 8.68 Fil circuit court is'" Judge: Garcia Date Filed: 5/5/06 Appeal from decision of Code Enforcement Special Magistrate Growth Management(Code Enforcement PJM Current Status: Motion to dismiss pending. Next Activity: Hearing to be set. Time: 1.7 Costs: 0.00 Bank of New York et. al. v. Williams et. al. CA-K- 06-1345 Circuit Court 16 Judge: Audlin Filed: 12/21/06 Mortgage foreclosure action. County holds @$950.00 junior lien imposed for fines, court costs, and fees imposed in misdemeanor case. Lien is defective so County's interest is void Article V. Rl3S Current Status: County filed answer conceding its interest is void. Next Activity: No further action until final judgment entered. Time: 2.5 Costs: 0.00 Circuit Court Is", Judge: Jones ®ate Filed: 6122106 Mortgage foreclosure action in which County holds inferior liens totaling $750.00. Article V PJ Current Status: Motion for summary judgment granted to Plaintiff. Next .Activity: Monroe County filing Statement of Claim. Tinge: .5 Costs: 0.00 • • =_. : fi i= ��11 1 it I;" ®CAH Judge: Johnston ®ate Filed: 2/10/06 Administrative appeal of planning commission denial of an application for amendment to a major conditional use permit. Growth Management/Planning RIBS Current Status: Held in abeyance by agreement of the parties. Next Activity: Status report due 4/30/07. } Time: 3.3 hours Costs: 26.60 5 Dorn Kenneth & Katie Pearce v. Monroe County CA P 06-203 16'h Circuit Judge: Garcia, Date Filed: 5/15/06 Quiet title action challenging imposition of conservation easement. Growth ManagementlPlanning RBS Current Status: County filed answer. Next Activity: Discovery. Time:9.3 Costs: 0.00 Circuit Court 16 Judge: Garcia Date Filed: 2/27/03 Appeal of order finding the Lowe House to be in unsafe condition. Growth ManagernentlCode Enforcement RIBS Current Status: Historic structure being renovated. Next Activity: None at this time. Time: 4.8 hours Costs: 0.00 Evans, Ronald & Maryanna v. Monroe County & K.L.O.R. CA P 06-206 1611, Circuit Judge: Garcia Date Filed: 05115/6 Declaratory Judgment action seeking to enjoin entering into development agreement with Key Largo Ocean Resorts Co -Op, Inc. Growth Management/Planning RBSIRSS Current Status: Held in abeyance pending arbitration. Next Activity: None. Time:14.2 Costs: 0.00 Fuchs. Walbu' as v. Monroe County Circuit Court 16"' Judge: Audlin This is a code enforcement appeal of an OSTDS case. Growth Management/Code Enforcement Current Status: Case submitted after oral argument 3I1I07. Next ,Activity: None, await ruling of court. Time: 24.2 hours Costs: 0.00 } U C.1 Circuit Court 16th Judge:Audl i n Date Filed: 8/9101 Inverse condemnation act• based on Growthge ; k RBS Current Status: Held in abeyance while Good goes thru BUD process. Next Activity: BOCC closed session March 21, 2007. H Billing to date: $18,526.41 as of 10131/05. CAY Time: 29.5 COST: $144.45 Hardin Michelle v. Monroe County CA K 99-1046 Circuit Court 16Judge: Miller Date Filed: 9/3/99 Appeal of code enforcement decision. Growth ManagementlCode Enforcement RBS Current Status: Appellant's brief complete. Next Activity: County's brief due 4/30/07. &H Billing to date:$10,241.57 thru 8/31105. CAY Time: 7.0 W1 Circuit Court 16 Judge: Audlin Writ of Mandamus challenge to boundary determination. Growth ManagementlPlanning Current Status: Status report from Judge's chambers pending. Next Activity: If needed, schedule hearing on Motion to Dismiss. I &H Billing to date: $2,219.62 through 8/31 /05. CAY Time: 3.4 7 Kalan Suzanne v. Monroe County CA P 03-155 Circuit Court 16 Judge: Garcia Date Filed: 3111103 Inverse condemnation action. Growth Management[Code Enforcement RBS Current Status: Held in abeyance pending BUD hearing. Next Activity: None pending. H Billing to date: $2,855.77 as of 8/31/05. CAY Time: 2.5 Ladd, Lucy v. Monroe County CA K 06-952 Circuit Court 16Judge: Miller Date Filed: 9/12/2006 Mandamus action on building permit allocation issue. Growth Management/Planning RBS Current Status: Settlement reached and approved by BOCC 12/20/06. Next Activity: Finalize documents and close file. Time:12.0 Costs: 0.00 m Circuit Court IV" Judge: Taylor Date filed: 5/14102 County has claim in probate case for an elderly home loan & unpaid taxes. Housing Authority RBS Current Status: Estate re -opened, CAY appointed PR, property listed. Next Activity: Sell property to satisfy all liens, complete estate Time:9.9 Costs: McIngyre, Edward v. Richard Roth & Monroe Count 80-1721-CIV MH US Dist. SDFIa. Judge: Hoeveler Date Filed: 718180 Civil Rights action filed in 1980 over old jail facilities. Settled 12/1991. Constitutional icer/MCSO RBS Current Status: Status report being finalized. Next Activity: Status conference to be scheduled. CAY Time: 13.0 Costs: $86.77 (since March 2005) 3 Monroe County v. Matthew Bonnett C -05-91 Circuit Court 16 Judge:TBA Date Filed: 9191 Code enforcement lien collection action authorized 10/17/04, $78,000. Growth ManagementlCode Enforcement PJM Current Status: Discovery. Next Activity: Bonnett's discovery responses overdue. Time: 6.8 hours Costs: $295.00 Circuit Court 16'" Judge: Jones Lute Filed: 9114106 Code Enforcement Lien collection action for commercial property on Big Coppitt. Growth ManagementlCode Enforcement PJM Current Status. Answer filed. Next ,Activity: Discovery. Costs: $255.00 Monroe County v. Dept. of Community Affairs D®AH 06-2856 D®AH Judge: Alexander bate Filed: 7121/06 Administrative challenge to DCA's rejection of County's ordinance establishing density bonus for affordable housing units measuring no more than 750 sq.ft. GrowthManagement/Planning RIBS Current Status: Being held in abeyance until 6/117. Next Activity: Status report due 611 /07. Time:62.2 Costs: $262.50 Monroe County v. Alain Y. De lerrefeu CA-03-1504 Circuit Court' 6 Judge: Jones Date Filed: 12/18/03 Code enforcement foreclosure action authorized by the BOCC on 4/18/03. Growth Management/Code Enforcement RIBS Current Status: Discovery. Next Activity: Discovery. V & B Fees billed to date: None Costs: 0.00 A E Monroe L;ounty V. Amin Y. L7egierreTeu 460AR-W-1OUI Circuit Court 15 Judge: Jones Date Filed: 1211 1 3 Code enforcement foreclosure action authorized by the BOCC on 4/18/03. GrowthManagement/Code Enforcement RIBS Current Status: same as previous entry. Next Activity: Same as previous entry. Monroe County v. James Jeanguenat CAP-05 317 Circuit Court 1WJudge: Garcia Date Filed: 7/18105 Collection action authorized by BOCC on 4121/04. Fine exceeds 136,100.00. Growth ManagementlCode Enforcement RIBS Current Status: Motion for Dismiss filed. Next Activity: Motion hearing TBA. Time: 3.7 hours Costs: $275.00 Circuit Court 1 fig" Judge: Garcia Date Filed: 5120/96 Action to foreclose a code enforcement lien. Growth Management/Code Enforcement R S/R S Current Status: Development agreement application being reviewed. Next ,Activity: Status report due with the Court 4/1107. Time: 41.5 hours Costs: $340.00 CourtMonroe CountV v. Pedro.. Liz CAK-05-420 Circuit r, go+ r Date r li GrowthrU Collection action authorized by BOCC on 7/17103; fines exceed $816,300.00. Management/Code Enforcement RIBS Current Status: Settlement agreement drafted. Next Activity: Complete settlement agreement before April BOCC meeting. Time: 11.0 hours Costs: $555.00 WIj Monroe County v. Arthur Mehr CAP-05-348 Circuit Court 16 Judge: Garcia Date Filed: /5/05 Code fine collection action. Fine exceeds $42,000.00. Growth ManagementlCode Enforcement RBS Current Status: Discovery. Next Activity: Discovery. Time: 13.7 hours Costs: $850.00. Monroe County v. James_ Messera, et al CAF Circuit Court I (ell Judge: Audlin Date Filed Code enforcement foreclosure action authorized by the BOCC 4/18/03. GrowthManagement/Code Enforcement Current Status: Settled & dismissed. Next Activity: Resolve fees with former counsel before closing. V & B Fees billed to date: 67.3 Costs: $1029.03 -gym Mon CAP-05-400 CircuifC—o—urfltt Judge: Garcia Date Filed: 9/916 Collection action• -• by • on 10117/04. Fine over "w tE1 11 Growth ManagementlCode Enforcement PJIVI Current Status: Discovery responses overdue. Next Activity: Move to compel discovery. Time: 1.6 hours Costs: 300.00 Monroe County v. Virginia Sawyer & Tony Welters CAK-03-1505 Circuit Court 76 Judge: Audlin Date Filed: 12/18/03 Code enforcement foreclosure action that was authorized by the BOCC 7/15/03. GrowthManagement/Code Enforcement RBS Current Status: Settlement negotiations pending. Next Activity: If unsuccessful, move for summary judgment. V & B Fees billed to date: None Costs: 0.00 CY Time: 2.0 If Monroe County v. Virginia Sa er CA-03-506 Circuit Court 16 Judge: Jones Date Filed: 1211103 Code enforcement foreclosure action that was authorized by the BOCC 7/15/03. Growth ManagementtCode Enforcement RBS Current Status: Court approved settlement agreement, injunction, lien. Next Activity: Enforcement if not compliance. CAY Time: 6.7 hours Monroe County v. Louis Welters CA-0-639 Circuit Court 16 Judge: Jones Date Filed: 6/14104 Code enforcement foreclosure action that was authorized by the BOCC 7/15/03. GrowthManagement/Code Enforcement RBS Current Status: Settlement negotiations pending. Next Activity: If unsuccessful, move for summary judgment. VB Fees billed to date: none Costs: 0.00 CY Time: 2.5 Circuit C®urt 16t'. Judge: Garcia Date Filed: 3113102 Appeal of code enforcement action and vested rights claim. GrowthManagement/Code Enforcement/Planning RBS Current Status: Mandate from Third DCA received 1113/06. Next Activity: None scheduled. H Billing to date: $42,782.73 as of 10/31/05 C Y Time: 2.5 Neumont Elizabeth et al. v. Monroe Coun 99-100-CV U.S. Dist. Ct., S.D.Fla. Judge: Paine Date Filed: 5/21/99 Class action challenging enactment of vacation rental ordinance. GrowthManagement/Planning RBS Current Status: On appeal to 11th Circuit which certified question. Next Activity: None, await ruling. H Billing to date: $123,563.24. 12 .�, , r ; • • - TY Appeal11th Circuit Court of Appeals Judges:TBA Date Filed: 7/1 6' of 990t above. Growth Management/Planning R BIS Current Status: Court certified question to Florida Supreme Court. Next Activity: None in 11th Circuit until certified question answered. CAY Time: 4.5 Nicholson DelaineMonroe • GrowthCircuit Court 16th Judge: Garcia------- Date Filed: 1/8/07 Code enforcement appeal. F a, s ,•.Enforcement Current Status: Appellant compiling record. Next Activity: Appellant's brief due 3/12/07. Time: 0.1 Costs: 0.00 '� r° [i' i• = S• - .1k; - ;f ;a,. 0 s'- •O' air Circuit Court 112P Judge: Garcia Date Quiet title action to property • ^ -! via tax deed. Constitutional Officer/fCollector RBS Current Status: County has no interest to defend in case. Next Activity: None. Third DCA Judges: TBA Date Filed: 10/ 12106 Appeal of Administrative Order upholding amendment to Miami -Dade County's comp. plan expanding Krome Avenue. Monroe had intervened below on side of challengers; BOCC gave direction to take no further action. Growth Management/Planning RBS Current Status: Briefing complete. County took no action. Next Activity: Await decision of Cout i f- e0.5 Costs:0.00 13 algreens & Gadinsky v. Monroe County CA - 5-266 Circuit Court I6 Judge: udlin ®ate Filed: 3/1 1105 Cert. review of ❑QAH order upholding 116 findings supporting denial of major conditional use application for Big Pine Walgreens. Settled. GrowthManagement/Planning R S Current Status: Reopened to clarify extent to which Court retained jurisdiction over appeals of development approvals issue pursuant to settlement agreement. Next Activity: Hearing on April 20, 2007. Time: 53.8 hours Costs: $425.85 Ell IY S�: Aegis Factors, Inc. v. Monroe County v. Judy Bobic TBA Circuit Court Judge: TA ®ate Filed: TI Claim for payment of $35,546.01 made by assignee of airport's janitorial contractor who had assigned payment rights to lender. If sued, County would likely file a third party claim against contractor to recoup any judgment entered. Airport/Public Works RBS Current Status: Bobick agreement to make repayments secured by mortgage against her house. Next Activity: None. Allison, Beverly Delores and Carl Eldred and Monroe County TBA Potential person• due to alleged slip and ManagementRisk Current Status: Reviewing claim and information provided. Next Activity: None until/unless suit is fled. 'I jme: .2 Costs: 0.00 14 Ballard, Kand! v. Bergen Trust and Monroe County TBA r case arising from• of Bergenproperty for ., debris. Risk Management/Engineering RBS Current Status: Reviewing claim and information provided. Next Activity: None until/unless suit is fled. Costs:Time: 7.1 ;0 .00 Circuit Court (16th) Judge: Audlin Date Filed: 9/30/05 Declaratory Judgment action challenging validity of affordable housing deed restriction City of Marathon inherited from County at time of incorporation. GrowthManagement/Planning RBS Current Status: Third DCA affirmed 2/14107. Next Activity: None. T'ime:15.0 Costs: 0.00 Circuit Court (I0h) Judge: Date Filed: Threatened action by condominium resulting from statements regarding platting requirements by Growth Management personnel. Growth ManagementIPlanning RBS Current Status: Settlement negotiations ongoing. Next Activity: Finalize agreement and present to SOCC. Circuit Court (20"') Judge: Steinbeck, M. Date Filed: 917/00 Class action suit by health care providers against insurance companies for late payment of PIP benefits w/o interest. EMS is a potential class member. Emergency Services/EMS RBS Current Status: Reviewing documents to determine County's interest. Next Activity: Opt out deadline October 31, 2006. Time:0.5 Costs: 0.00 15 Circuit Court (I gth} Judge: Date Filed; Bert J. Harris Act claim regarding two parcels of property owned by Lloyd Good. Growth ManagementlPlanning RBS Current Status: Presuit negotiations successful. Next Activity: Complete settlement agreement. Time: 10.6 hours Costs: $5.56 State of Florida v. Monroe County TBA TBA Judge: TBA Date Filed: nla AG's Medicaid Fraud unit alleges over billings for ambulance services. Public Safety/Fire Rescue RBS Current Status: Waiting over a year for AG's office to set up conference. Next Activity: None scheduled. Time: 9.2 hours Costs: 0.00 Stewart, Bec v. Monroe County TBA TBA Judge: TBA Date Filed: TBA Tort claim arising from accident involving County vehicle in Ocala. Risk Management RBS Current Status: Negotiations stalled due to offsetting claims. Next Activity: Defend suit if filed; file suit if appropriate. Time: 1.4 Costs: $0.00 WMIIIIIIIIIIIIIIIIIIIIII � Circuit Court (2" — Leon) Judge: TBA Date Filed: 7l20106 Class action filed against Florida Medical Examiners' Commission and 17 appointed district medical examiners seeking a refund of cremation fees that were not authorized by statute. Dr. Hunter will be retaining his own counsel. Medical Examiner RBS Current Status: County not named as a party at this time. Next Activity: None unless & until County named. Time: 1.5 Costs: $0.00 IN Circuit Court (16 ) Judge: T A Date Filed: TBA Tort claim against Monroe County for alleged false statements made by employee to law enforcement officer that led to claimant's arrest. Risk anagement/Emergency Services R S Current Status: Claim filed 10/3/06 being reviewed. Next Action: County has 6 months to evaluate the claim. Time: 0.2 Leona Coin et al v. Hotels.com LP 06CV 21676CV U.S. Heist. Ct., S.D.Fla, Judge: Huck Date Filed: 7127/06 Class action against internet reservation entities to collect unpaid bed taxes. ConstitutionalOfficer/Tax Collector RES Current Status: Dismissed without prejudice 2/27/07. Next Activity: Await report for County's retained counsel on status. Time: 3.5 Costs: 0.00 Circuit Court (IV) Judge: Jones Date Filed: 2./5/2007 Breach of contract action filed by general contractor for KWIA hanger project. Airpo /Engiheering PJ Curreen Status: Awaiting service. Will be handled jointly by CAY & Ira Libanoff Next Activity: None until served. Fees: $5,950.00 Costs: 319.16 C Y Time: 10.5 17 Monroe County v. Bender & Associates, et al CAK-03-916 Circuit Court 16 Judge:Jones Date Filed: 81103 Breach of contract and negligent misrepresentation action arising from the defective windows in the Gato building. Engineering/Construction Management R.BS Current Status: Discovery. NextActivity: Discovery. Fees billed to date. $140,100.50 Costs: $14,524.43 (thru 1101107) Monroe County v. Jose Gonzalez CA K TBA Circuit Court 16 Judge: TBA Date Filed: TBA Possible breach of contract action against County's former architect. Engineering/Construction Management RBS Current Status: Nothing pending until licensing review completed. Next Activity: None pending. Fees billed to Date: $10,320.00 Costs: $1,114.18 (thru 1/01107) CAY Time: 12.5 Monroe County v. Lodge Construction, et al CK-00-617 Circuit Court 16 Judge: Audlin Date Filed: 5/11/00 Suit against general contractor & its surety for breach of contract. Engineering/Construction Management RSS Current Status: Motion to set before Senior Judge pending. NextActivity: Ruling on Senior Judge motion pending & trial date to be set. Fees billed to date: $307,540.75 Costs: $72,468.31 (thru 1101/07). Tronex Construction Service. Inc. v. Monroe County CA P 06-44 Circuit Court IWI, Judge: Garcia Date Filed: 1130/06 Breach of contract suit regarding Tavernier Fire Station. Engineering/Construction Management R S Current Status: Discovery. Next Activity: Discovery. Costs. $1,859.45 (thru 1/1/7) 0.00 W] Neumont, Elizabeth v. State & Monroe County SC 06-1204 Fla. Supreme Court Judges: en Banc ®ate Filed: 61116 Certified question from the 111h Circuit to the Florida Supreme Court seeking guidance on proper interpretation of F.S. 125.66(4), ordinance notice provision. Growth ManagementlPlanning RBS Current Status: Briefing complete. Next Activity: Oral argument 4/19/06. ,. Costs: 0 :• •_j I � T V.' tYg..w .' ,1' :� - is , is [F 1i �.�- ,� a_t; i, - ,y.� • . Administrativechallenge to ordinances adopting Tier system. Current Status: Hearing started Feb. 6 thru 9, 2007. Next Activity: Nearing to be finished in March 14-16, 2007. CAY Time: 175.0 Costs: $47,827.54 GreenbergTraurig $44,626.19 M Baulknight, Skaggs &Rocket# v. Mon roe CAP-04-451 Circuit Court 1611, Judge: Garcia Date Filed: 9/24/04 Inverse condemnation/takings case filed by Jimmy & Nancy Bauknight, Teague Skaggs, & Kathleen Rockett for three lots on Big Pine Key. Mayor served 10/4/4. Growth Management/Planning RBS Current Status: Court granted County's summary judgment motion 31717. Text Activity: Once judgment final, close if not appealed. Fees billed to date: $832.24 Costs: 0.00 CAY Time: 8.2 EEOC_v. Monroe County 610-2006-04266 EEOC Miami Date Filed: 10/13/06 Sexual Harassment claim by County employee. SAH/RBS Employee Services Current Status: County's response submitted. Next Activity: Await outcome of EEOC investigation. Florida Key Deer v. Michael Brown & Gale Norton 90-10037-CIV-Moore U.S. Dist. Ct., SD Fla. Judge: Moore Date Filed: 412/90 ESA case that resulted`in permanent injunction barring FEMA flood insurance. GrowthManagement/Planning RBS Current Status: Injunction in place. 619/6, Federal defendants moved for two month extension to produce revised biological opinion and new RDAs. Next Activity: On appeal, see 05-16374-II Billing to - oi0 r .;.. 20 Paulson R.D. v. Florida Key Deer et al 0-1637-1 11 Circuit Judges: 'TBA Date Filed: 11/10/05 Appeal of Southern District's injunction in 90-10037-CIV. County appeared as amicus curiae because denied intervention. See Case No.: 05-16990-11. Growth ManagementlPlanning RBS Current Status: Briefs complete. Next Activity: Awaiting decision by Court. Billing to date: none CAY Time: 0.5 Costs: 0.00 Monroe County v. Florida Key Deer ,.e t al, , _ 05-16990-11 11 Circuit Judges: TBA Date Filed: 12112/05 Appeal of denial of County`s motion to intervene in 90-10037-CIV. Growth ManagementlPlanning RSS Current Status: Briefs complete. Next Activity: Await decision by the Court. Billing to Date: No CAY Time: 1 Florida Key Deer, et a1 v. Cale Norton Sec. of Interior 06-10063-CIV-KING U.S.D.C. S.D.Fla. .Judge: King Date Filed. 6/15/05 ESA challenge to F&WS review of construction of park on Big Pine Key. Engineering/Construction Management R 3S Current Status: Dismissed with prejudice by agreement on 2/13/06 because revised biological opinion satisfactory to Plaintiffs. Next Activity: Resolve any attorneys fees & costs motions. Fees billed to date. $612.50 Costs: 0.00 CY Time: 6.5 21 FKCC & Last Stand v. FL Admin. Comm.,Monroe County DOAH 0 -2756 DOAH Mudge: Carolyn Holifield Date Filed: 08105/04 Administrative Rule challenge to partnership agreement with State. Growth ManagernentlPlanning RBS Current Status: Final Order in County's favor issued 6/29/06. Next Activity: None pending appeal. Fees billed to - $• 4. • C 0,00 T hours Third DCA Judges: TBA Date Filed: 7/28105 Appeal of decision denying rule challenge DOAH • Growth Management/Planning RBS Current Status: 2/13/07 Y-- motion for rehearing and certification denied. Next Activity: None, if certiorari review by Supreme Court not sought by 41217. Hardee,_ Evelyn v. Monroe County CAP-05-255 Circuit Cow Judge: Garcia Date Filed: 613105 Tort action arising from alleged fall at PK Court house. Settled for $25,000.00. RiskManagement/Public Works RBS Current Status: Dismissed 617106. Re -opened 81216 Next Activity: Evidentiary hearing on worker's compensation lien to be set. Fees balled to date: $28,333.39 (thru 6/16/06). GAY Time: 11.9 hours 22 Howard. Carlton v. Monroe County Public Works 0-CV-10113 S.D.Fla. Judge: Moore._ Date Filed:10/26/06 Employee ADA claim arising from alleged discrimination in promotion interview. Employee Services RSS Current Status: Discovery Next Activity. Discovery. date:Johnson, Anselmo billing to A, 0.00 Hyland, Thomas G. v. D. Kolhage & R. Thurston 04-10 02-CIV U.S.D.C.SD.Fla. Judge: Highsmith Date . Filed: led: 10121104 Civil Rights action against Deputy Clerk of Court by inmate. ConstitutionalOfficer/Clerk RSS Current Status: Dismissed by Court. Next Activity: Appeal filed 10/10/06. CAT Time: • r CostsFees & billed to date: $•r r 11"' Circuit (US) Judge: TBA Date Filed: 10/10/06 Third appeal arising from inmate civil rights action for alleged actions of deputy clerk. Johnson, Anselmo is coverage counsel & co -counsel to CAY. ConstitutionalOfficer/Clerk RSS Current Status: Await briefing schedule. Next Activity: None until Hyland's brief is filed.. Time:.2 Costs: 0.00 Johnson, Anselmo, billing to Date: See District Court case. 23 Kessler, Stuart v. Monroe County & Tom Willi CA K 05-1006 Circuit Court 16 Judge: Jones „.., . Date Filed: 10/11/2005 Whistle -Blower & Civil Rights claim by former employee. Human Resources/Risk Management R S Current Status: Discovery. Next Activity: Discovery. Fees & Costs billed to date: $19,535.67 (thru 10/18106) CAS( Time: 40.8 MonroeLiqhtner, Nellie v. - 06-562 P6, circuit --Judge: Garcia Date Filed: 12/12/06 Inverse condemnation act Growth ManagementlPlanning RIBS Current Status: 2/13107, Court granted County's motion to transfer case to correct location — Lower Keys Division. Next Activity: Hearing on motion to dismiss TBA. Costs:Fees & Costs billed to date: None. Time: 13.6 0.00 Neuman Kenneth v. Monroe Coun CAK-04-663 Circuit Court 16 Judge: Jones Date Filed: 612110 Action for damages for temporary taking. Growth Management/Planning RIBS Current Status: 2/28/07 -- Summary judgment granted on count I and partial summary on count 11 in favor of the County. Next Activity: Further motions or trial on remaining issue. Fees billed to date: $2,326.92 Costs: 200.00 CAY Time: 8.8 hours 24 Riverview Consultants, Inc, v. Monroe County CAC-0-373 Circuit Court 16'n Judge: Jones Date Filed: 113I05 Case alleging tortious interference with contract by airport DBE subcontractor. Risk anagernentlAirports! CS® PJ Current Status: Riverview appealed summary judgment in favor of County. Next Activity: None pending appeal. Fees billed t•; date:' ! w'w • 0.00 CAY Time: • hours Riverview Consultants v. Monroe Count 3D®6-2811 Third DCA Judges: T A Date Filed: 11/15/06 Appeal of summary judgment in favor of County on Airports' former DBE consultant's tortious interference with contract claim. PJ Airports/Risk Management Current Status: Briefing complete. Next Activity: Await decision by Court. Fees billed to date: -- see trial level. CAY Time: 1.5 Costs: 0.00 Collins, Thomas et al v. Monroe County CAM-04-I Circuit Court IV" Judge:Audlin Date Filed: 11/2 Takings action brought by groupsof plaintiffs. Growth Management/Planning RBS Current Status: Discovery. Next Activity: Case management conference 3/27/7. Total Fees billed to date: $975,875.52 (thru 12/31106) CAY Time: 158.8 hours Costs: $91,733.38 25 Emmert, Helen & Greg v. Monroe County CA P 02-520 Circuit Court 16 Judge: Garcia ®ate Filed: 1012102 Inverse condemnation and vested rights action. Growth Management/Planning RBS Current Status: Motions for summary judgment pending denied. Next Activity: Trial April 9, 11 & 12, 2007. P, H Billing to date: $50,515.65 as of November `06 M&H Billing to date: $94,550.56 as of 10/31/05 CAY Time: 15.5 Circuit Court 16 1h Judge:Audlin Date Filed: 5121/02 Inverse condemnation and vested rights action. Growth Management/Planning RIBS Current Status: Appeal pending on order granting new trial. Next Activity: None pending outcome of appeal. M & H Billing to date: $54,322.5 thru 1/25/06. Paul, Hastings Billing: $245,016.00 Costs: $11,611.47 CAY TIME: 56.5 Monroe County & State v. Galleon Bay 31306-2426 & 2427 Third ®CA Judges: TBA ®ate Filed: 9/29/06 Appeal of Order granting new trial. Paul, Hasting lead counsel, CAY co -counsel. Growth Management/Planning RBS Current Status: Briefing complete. Next Activity: Oral argument 3/20107. Paul, Hastings Billing: See trial level case. CAY TIME: 2.5 26 GElCO v. Monroe Coun!y CA M 06-270 Circuit Court 16 Judge: Audlin ®ate Filed: 11122/06 Tort claim for property damage as a result of car accident against MCSO deputy. Sheriffs insurance fund's carrier defending at no cost to county. Constitutional icer/MCSO RBS Current Status: County filed motion to dismiss. Next Activity: Hearing on motion to be set. Time: 2.6 Costs: 0.00 No billing will be received; covered by MCSO insurance. Assigned staff Attorney SAH = Suzanne Hutton PJM = Pedro Mercado RBS = Bob Shillinger 27 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: March 21, 2007 Bulk Item: Yes XX No Division: County Attornev Staff Contact Person: Pedro Mercado AGENDA ITEM WORDING: Approval of the assignment of the lease agreement for the West Bay of Hangar One at the Florida Keys Marathon Airport from Robert Defield, Assignor to David Rice, Assignee. ITEM BACKGROUND: The County entered into a lease agreement on October 15, 1997 with Robert Defield for the West Bay of Hangar One at the Florida Keys Marathon Airport. Mr. Defield sold his interest in the Hangar to David Rice effective January 5, 2007 and the parties now seek to assign the lease. PREVIOUS RELEVANT BOCC ACTION: Approved the original lease with on October 15,1997, with an extension on February 19, 2003. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A COST TO COUNTY: N/A BUDGETED: Yes No SOURCE OF FUNDS: REVENUE PRODUCING: Yes XX No AMOUNT PER MONTH $191.75 APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management DOCUMENTATION: Included TBP Not Required DISPOSITION: AGENDA ITEM # Revised 2/05 CONSENT TO ASSIGNMENT This Consent to Assignment is entered into this _ day of _, 2007, by and between Monroe County, a political subdivision of the State of Florida, hereafter County, Robert Defield, Assignor and David P. Rice, Assignee, the parties agreeing as follows: 1. The County leases to Assignor the west Bay of Hangar One at the Florida Keys Marathon Airport, Marathon, Florida, through an Agreement dated OCR!A /C I $� 19 9`7 , hereafter the original agreement, and renewed on 17k&V, - y 19, Zoo 3 . The original agreement and renewal agreements are attached and incorporated into This Consent to Assignment. 2. By a change of ownership effective /- S ^ O 7 from Assignor to Assignee, the Assignor assigned to Assignee all of the Assignor's rights, title and interest in the original agreement. 3. Monthly rent payments shall be made payable to Monroe County and sent to the Airport Director's Office, 9400 Overseas Highway, Marathon, FL 33050. 4. In consideration for such consent the Assignee agrees to be bound by all of the terms and conditions of the original agreement, as previously amended and as amended above. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST; DANNY L KOLHAGE OF MONROE COUNTY, FLORIDA BY: Deputy Clerk BY-_ 2 / Notary Public, State of FL LOUIS,, �OTARYPL i (SEAL) EXPIRE6 02/03/2006 @UNDER THRU buS&,�U IAkI By: o ry Public, State of FL Mayor/Chairman ASSIGNEE BY: Z r David Rice 133 Mockingbird Lane Marathon, FL 33050 ASSIGNOR By: 9 Robert Defield 11425 Overseas Highway Marathon, FL 33050 (SEAL) ' _ CONSENT TO ASSIGNMENT This Consent to Assignment is entered into this _ day of _, 2007, by and between Monroe County, a political subdivision of the State of Florida, hereafter County, Robert Defield, Assignor and David P. Rice, Assignee, the parties agreeing as follows: 1. The County leases to Assignor the west Bay of Hangar One at the Florida Keys Marathon Airport, Marathon, Florida, through an Agreement dated OC7o(s.</L q 15 /9It hereafter the original agreement, and renewed on Fk8gil4&Y 19, 2ou3 . The original agreement and renewal agreements are attached and incorporated into This Consent to Assignment. 2. By a change of ownership effective /- S- !lZ from Assignor to Assignee, the Assignor assigned to Assignee all of the Assignor's rights, title and interest in the original agreement. 3. Monthly rent payments shall be made payable to Monroe County and sent to the Airport Director's Office, 9400 Overseas Highway, Marathon, FL 33050. 4. In consideration for such consent the Assignee agrees to be bound by all of the terms and conditions of the original agreement, as previously amended and as amended above. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST; DANNY L KOLHAGE OF MONROE COUNTY, FLORIDA go Deputy Clerk BY: Notary Public, State of FL (SEAL) Notary Public, State of FL BY: Mayor/Chairman ASSIGNEE r BY: David Rice 133 Mockingbird Lane Marathon, FL 33050 ASSIGNOR By: a-4�4 v Robert Defield 11425 Overseas Highway Marathon, FL 33050 (SEAL) LEASE RENEWAL AGREEMENT This lease renewal agreement is made and entered into this / 9 � day of 2003. by and between MONROE COUNTY, a political subdivision of the State of Florida`, awhose address Is the Marathon Airport, 9400 Overseas Highway, Marathon, FL 33050, hereafter COUNTY, and ROBERT DEFIELD AND ROBERT CAYCE, whose address is 11425 Overseas Highway, Marathon, FL 33050, hereafter TENANTS. The parties agree as follows: WHEREAS, the October 15, 1997 lease, hereafter original lease, between the parties (with original Tenant Charles Pierce's Interest assigned to Robert DeField) provided that It could be renewed for three additional five-year terms; WHEREAS, the parties agree that the Tenants inadvertently did not provide a notice to renew 30 days or more prior to October 31, 2002, as required by the original lease, but that Inadvertence should not result in the lease renewal being refused; now, therefore, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1. The COUNTY hereby waives and forgives the failure of the Tenants to provide written notice of their intent to renew 30 days or more before October 31, 2002. 2. The original lease is hereby renewed for an additional five-year term beginning on November 1, 2002 and ending on October 31, 2007. 3. Except as provided in paragraph two of this renewal agreement all the terms and conditions of the original lease remain In full force and effect. IN WITNESS WHEREOF, the parties have set their hands and seal the day and year first above written. (SEAL) ATTEST: DA fGOItFACE, CLERK By r WITNESSES: idaldongardeaeld BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Z/7 _ i. fOa"") Mayor/Chairperson "O"ro 4AS TO f t—CV101 Rp047 1 LEASE AGREEMENT This lease agreement is made and entered into this /S day of CC rO 1997. by and between Monroe County, a political subdivision of the State of Florida, whose address is the Marathon Airport, 9400 Overseas Highway, Marathon, FL 33050, hereafter COUNTY, and Charles Pierce and Bob Cayce. whose respective addresses are # 1 47th Street, Gulf, Hurricane Harbor, Marathon, FL 33050 and 5996 Overseas Highway, Marathon, FL 33050, hereafter TENANTS. The parties agree as follows: 1) The COUNTY leases the property described in Exhibit A — hereafter the premises — to the TENANTS for a term of five years, beginning on /045- 1997 and ending on io 31 2002. Exhibit A is attached to and incorporated into this lease agreement by reference. The TENANTS may renew this lease agreement for three additional five year terms by providing the COWRY with written notice of their intent to do so thirty days or more in advance of o co the term's expiration date. any: C n 2) The rental payment for the premises during the first year of this ogre@Rferst is EYO.29 on =x?- per month, plus the applicable sales tax, payable at the Airport Director's Office,M.nprA a cis C-> 9400 Overseas Highway, Marathon, FL 33050. The monthly rental payment will Inq$ase fo _ea6B a m %a O successive year of the first ten years by the following amount: the total rental amount for the year multiplied by the increase in the consumer price index (c.p.i.) for the Miami/Ft. Lauderdale area divided by twelve. Rent may be paid by the month or year at the TENANTS' option. In the second ten years the rent will be changed at fair market value, established after an appraisal of the premises and calculated puruant to the then current rates and ctwrges study. 3► a) The parties acknowledge that there is an existing hangar on the premises that belongs to the TENANTS. At the end of the second tens (ten years from the commencement of this lease agreement), the hangar will become the properly of the COUNTY. If the TENANTS elect not to renew this lease at the end of the first term, then they may remove the hangar from the premises if they do so by the end of that term. If the hangar remains on the premises after the expirafon of the initial tens, and the TENANTS have elected not to renew, the hangar becomes the property of the COUNTY. Further, if, during the first two five-year terns, the TENANTS deport the premises as a result of their breach of this agreement. then the hangar will become the property of the COUNTY. b) The TENANTS must make the following capital improvements to the hangar reseal the asphalt hangar pad, install new tie downs, repair the X-braces. secure the roof beam by the ground cables on the east and west side of the hangar, and upgrade the utilities (water and electric) to the standards estabrished by the Monroe County Building Code. The capital improvements must be completed within the first two years of the initial term. All the capital Improvements Just described must be inspected and approved for building code compliance by the Monroe County Building Department. c) (i) The TENANTS may not conduct any commercial activity or operate an FBO on the premises without the permission of the COUNTY. The premises are leased strictly for use by the TENANTS' private aircraft. (ii) The TENANTS must keep the COUNTY's Marathon Airport Director apprised of the names of persons and their aircraft that the TENANTS have authorized to use the hangar facilities. The Director must be notified as soon as possible when an authorized occupant is added or deleted. d) The TENANTS are responsible for the maintenance of the hangar for the first and second terms of this lease (the first ten years). After that, the COUNTY will assume the responsibility for the hangar's structural maintenance, with the TENANTS responsible for all other premises' maintenance. Both panes must perform their maintenance of the hangar and related improvements in accordance with all applicable laws, rules and ordinances. 4) If the premises are needed for the expansion of the Airport or the FAA requires the removal of premise improvements, then the COUNTY may cancel this lease with thirty days written notice to the TENANTS. Upon such termination, the COUNTY will have no further obligation to the TENANTS, including the obligation to pay money or any damages. The COUNTY must also remove the hangar at COUNTY expense. If the cancellation of this lease under this paragraph occurs during the first or second terms, the COUNTY must dismantle and return the hangar to the TENANTS at any place designated by them within the Airport that is acceptable to COUNTY. 5) The TENANTS may assign this lease with the approval of the Board of County Commissioners, whose approval may not be unreasonably withheld. 6) The TENANTS must not authorize, permit or suffer any construction mortgage or other lien of any nature to be placed on the hangar. 7) The TENANTS must pay all utilities, including gas, electricity, water and sold waste disposal charges, if any, and any installation charges that may be required for those utilities. 8) The TENANTS must not make any unlawful or offensive use of the premises and must permit the COUNTY or its agents to inspect the premises at all reasonable times. 9) The TENANTS must obtain — and keep in effect during the term of this lease — the insurance described in Exhibit B. Exhibit 8 is attached and incorporated into this lease agreement. 2 The TENANTS may not begin this occupancy of the premises, regardless of the commencement date of this lease, until they furnish proof satisfactory to the COUNTY's Director of Risk Management that they have obtained the insurance policies required by Exhibit B. 10) TENANTS covenant and agree to indemnify and hold harmless the COUNTY from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages and expenses (including attorney's fees) which arise out of, in connection with, or by reason of the TENANTS' utilization of the property governed by this lease agreement. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained in paragraph 9 and Exhibit B. 11) a) The TENANTS for themselves. their personal representatives, successors in interest and assigns, as a part of the consideration hereof. do hereby covenant and agree that 1) no person on the grounds of race. color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; 2) that in the construction of any improvements on, over or under such land and the furnishing of services thereon, no person on the grounds of race, color or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination; 3) that the TENANTS shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation. Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally - assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964 and as said Regulations may be amended. b) That in the event of breach of any of the above nondiscrimination covenants, the COUNTY shall have the right to terminate the lease and to re-enter and as if said lease had never been made or issued. The provision shall not be effective until the procedures of Title 49. Code of Federal Regulations, Part 21 are followed and completed including exercise or expiration of appeal rights. c) It shall be a condition of this lease that the COUNTY reserves unto itself, its successors and assigns, for the use and benefit of the public,_a right of flight for the passage of aircraft in the airspace above the surface of the real property herein described, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft. now known or hereafter used, for navigation of or flight in the said airspace, and for use of said airspace for landing on. taking off from or operating on the airport. d) That the TENANTS expressly agree for themselves, their successors and assigns. to restrict the height of structures, objects of natural growth and other obstructions on the herein described real property to such a height so as to comply with Federal Aviation Regulations, Part 77. e) That the TENANTS expressly agree for themselves, their successors and assigns, to prevent any use of the herein described real property which would interfere with or adversely affect the operation or maintenance of the airport, or otherwise constitute an airport hazard. f) This lease and all provisions hereof are subject and subordinate to the terms and conditions of the Instruments and documents under which the COUNTY acquired the subject property from the United States of America and shall be given only such effect as will not conflict or be inconsistent with the terms and conditions contained in the lease of said lands from the COUNTY. and any existing or subsequent amendments thereto, and are subject to any ordinances, rules or regulations which have been, or may hereafter be adopted by the COUNTY pertaining to the Marathon Airport. g) Notwithstanding anything herein contained that may be, or appear to be, to the contrary, it is expressly understood and agreed that the rights granted under this agreement are nonexclusive and the COUNTY herein reserves the right to grant similar privileges to another tenant or other tenants on other parts of the Airport. 12) This lease will be automatically canceled, and the title to the improvements on the leased premises will revert to the COUNTY, should the TENANTS fail to occupy the premises within six months of the commencement of this lease or if, during the term of the lease, the premises are abandoned for a continuous period of six i6► months. This reverter provision applies notwithstanding anything contained elsewhere in this lease agreement. 13) The TENANTS, on keeping the covenants and agreements set forth in this lease, are entitled to quiet and peaceful enjoyment of the premises without any interruptions by the COUNTY or by any person or persons claiming by, through or under the COUNTY. 14) All communications between the parties should be between the following persons at the following addresses: Marathon Airport Director Mr. Charles Fierce Mr. Bob Cayce Marathon Airport # 1 47th Street, Gulf 5996 Overseas Highway 9400 Overseas Highway Hurricane Harbor Marathon, FL 33050 Marathon, F'_ 33050 Marathon, FL 33050 The parties agree that any communication required from the COUNTY to the TENANTS will be considered sent and delivered if sent and delivered to either Tenant. Any communication required from the TENANTS to the COUNTY will be considered sent and delivered if sent and delivered by either Tenant. 15) Any action taken by either Tenant under this lease will be binding on the other Tenant as if the action had been undertaken jointly. 4 16) The TENANTS under this lease are to be considered joint tenants with a right of survivorship. In the event of the death of either Tenant, the surviving Tenant will automatically acquire and assume ail the deceased Tenant's interests, obligations, duties and privileges under this lease agreement. 17) The TENANTS warrant that they have not employed, retained or otherwise had act on their behalf any former COUNTY officer or employee in violation of Section 2 of Ordinance No. 10- 1990 or any COUNTY officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision, the COUNTY may, in its discretion, terminate this lease without liability and may also in its discretion. recover from the TENANTS the full amount of any fee, commission, percentage, gift or consideration paid to the fanner COUNTY officer or employee. Venue for any litigation arising under this lease agreement must be in a court of in Monroe County. Florida. HEREOF, the parties have set their hands and seal. (S BOARD OF COU C MMISSIONERS ATT L KOLHAGE, CLERK OF MONROE C N LORIDA By By J De CI Mayor/Cho' WRNFSSFS- 5 TENANTS Charles Pierce By ) Bob Cayce APPROVED AS TO FORM A AL S R ROSERT N. E DATE 2- 3 - ;- AIRCRAFT CERTIFICATE OF INSURANCE Date: MAY 07, 1997 Named Insured And CAYCE'S EXCAVATION, INC. Address: C/O BOB CAYCE 5996 OVERSEAS HIGHWAY MARATHON FL 33050 CERTIFIED Company AMERICAN EAGLE INSURANCE CO COPY Policy Number AFx0221505-02 Effective Date 04/23/1997 Expiration Date 04/23/1998 The following describes the liability -coverage provided and the aircraft insured under the policy referenced above: Coverage : Combined single limit bodily Injury and Property damage liability AIRCRAFT INSURED LIMITS OF LIABILITY FAA Each Passengers Passenger Number Year Manufacturer Model Occurrence Are Sub -Limit N812T 1974 BEECH E-55 $ 1,000,000 INCLUDED N/A This Certificate is issued to MONROE COUNTY BOARD OF COUNTY COMMISSIONERS/RISK MANAGEMENT 3100 COLLEGE ROAD KEY WEST FL 33040 with whom we agree, if possible, to notify 30 days before date of cancellation if policy should be cancelled, but the Company shall not be liable in any way for failure to give such notice. Coverages are subject to all policy terms, conditions and exclusions. Approved: Company Representative Form #CER1 (1/92) nv r/ il'. CAYCE'S EXCAVATION, INC C/O BOB CAYCE 5996 OVERSEAS HIGHWAY MARATHON, FL 33050 May 22, 1997 RE: POLICY NO: AFX0221505-2 AIRCRAFT: 1974 BEECH BARON E55, N812T Dear Mr Cayce: We are pleased to enclose your insurance policy which replaces the temporary evidence of coverage previously forwarded to you. Please read your policy carefully to be certain the coverages are exactly as desired. Pay particular attention to the sections regarding approved pilots and uses to be sure they meet the stated requirements. In the event the policy is not correct, please notify us of once. We appreciate this opportunity to again be of service. If additional or higher limits of coverage are desired or you have any questions, please don't hesitate to give us a call at 1-800-835-2677. Thanks again. Best regards, 44&� 4�7 Phylli A King Account Manager /pak Enclosure(s) cc: Monroe County Board of County Commissioners - Certificate of Insurance rA1 MS BEVETTE MOORE CITY OF KEY WEST 5100 COLLEGE ROAD, COMMUNITY SERVICE KEY WEST, FL 33040 December 15, 1997 RE: INSURANCE CERTIFICATE OF INSURANCE FOR: CAYCE'S EXCAVATION, INC 1974 BEECH E-55, N812T Dear Ms. Moore: Aon Rick Services Attached please find an "EXACT COPY" of the Certificate of Insurance which we faxed to you this date per your request. The original of this Certificate was mailed out to Monroe County Board of County Commissioners on May 22, 1997. See copy of our letter which was mailed to the insured. If you have any questions, please don't hesitate to give me a call at 1-800-835- 2677. Thanks again. Best regards, � Ai Phyll A King Account Manager /pak Enclosure(s) Aon Risk Services, Inc. of Kansas - Fv mer/y Rollins Hadig Hall of Kowx, Inc. Mid -Continent Airport • P.O. Box 9210 - Wichita, Kansas 67277-9210 tel: (800) 835-2677 tn(316) 943-9331 r fax: (316) 942-6713 cn cr a EXHIBIT `B' 1996 Edition MONROE COUNTY, FLORIDA C RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL General Insurance Requirements for Airport/Aircraft Activities Prior to the commencement of work governed by this contract (including the pre -staging of personnel and material), the Vendor shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this contract The Vendor will ensure that the insurance obtained will extend protection to all Contractors engaged by the Vendor. The Vendor will not be permitted to commence work governed by this contract (including pre - staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. The Vendor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all activities conducted by the Vendor and its Contractors until the required insurance lips been reinstated or replaced. The Vendor shall provide, to the County, as satisfactory evidence of the required insurance, either: • Certificate of Insurance or • A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract All insurance policies must specify that theyammot subject to cancellation, non -renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the inslrer. The acceptance and/or approval of the Vendor's insurance shall not be construed as relieving the Vendor from any liability or obligation assumed under this contract or imposed by law. T'he Monroe County Board of County Commissioners, its er6ployees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. Administration Instruction #4709.2 24 1996 Edition GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage An occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. GL1 Administration Instruction #4709.2 54 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: March 21, 2007 Bulk Item: Yes XX No Division: County Attorney Staff Contact Person: Pedro Mercado AGENDA ITEM WORDING: Approval of the assignment of the lease agreement for the West Bay of Hangar One at the Florida Keys Marathon Airport from Robert Defield, Assignor to David Rice, Assignee. ITEM BACKGROUND: The County entered into a lease agreement on October 15, 1997 with Robert Defield for the West Bay of Hangar One at the Florida Keys Marathon Airport. Mr. Defield sold his interest in the Hangar to David Rice effective January 5, 2007 and the parties now seek to assign the lease. PREVIOUS RELEVANT BOCC ACTION: Approved the original lease with on October 15,1997, with an extension on February 19, 2003. CONTRACT/AGREEMENT CHANGES: NIA STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A BUDGETED: Yes No COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes XX No AMOUNT PER MONTH $191.75 APPROVED BY: County Atty _ OMB/Purchasing Risk Management DOCUMENTATION: Included TBP Not Required DISPOSITION: Revised 2/05 AGENDA ITEM # BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: March 21, 2007 Division: Cozen Attorn Bulk item: Yes XX No Staff Contact Person: Pedro Mercado AGENDA ITEM WORDING: Approval of Lease Agreement between Monroe County and Matthew Schulte and David Rice, Tenants, for hangar space at the Florida Keys Marathon Airport. ITEM BACKGROUND: The original Lease Agreement for this hangar space was for a term of five years, beginning October 1, 1997 and ending October 31, 2002, with an option to renew for three additional five year terms by providing the County with written notice of their intent to do so thirty days or more in advance of the term's expiration date; in the second ten years the rent would be charged at fair market value, established after an appraisal of the premises and calculated pursuant to the then current rates and charges study. On October 31, 2002, a letter was received requesting to extend the lease for an additional five year period. On February 19, 2003, the Board approved the Lease Renewal Agreement, which waived the requirement to provide thirty day written notice and extended the agreement for an additional five years, effective November 1, 2002 and ending October 31, 2007. At the December BOCC meeting the board approved a new lease between the County and then tenants Matt Schulte and Robert DeField. That Lease Agreement extended the term of the lease, in exchange for the tenants agreeing to assume the maintenance and insurance responsibilities for the leased property. The lease is for a term of ten years, with the option to renew the lease agreement for three additional five year terms by providing the County with written notice of their intent to do so thirty days or more in advance of the term's expiration date. Subsequent to entering in to that lease Robert DeField has sold his interest in the lease hold to David Rice. Rather than amend the prior lease, legal staff requested, and tenants agreed, to rescind the December 2006 lease and begin with a fresh lease with the current tenants. PREVIOUS RELEVANT BOCC ACTION: Approved the original lease with on October 15,1997, with an extension on February 19, 2003. Approved a new lease at the December 2006 BOCC meeting. CONTRACT/AGREEMENT CHANGES: NIA STAFF RECOMMENDATIONS: Approval. TOTAL COST: NIA BUDGETED: Yes No COST TO COUNTY: NIA_ _ _ _ SOURCE OF FUNDS: REVENUE PRODUCING: Yes XX No AMOUNT PER MONTH 1$ 91.75 APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included TBP Not Required DISPOSITION: AGENDA ITEM # BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: March 21, 2007 Division: County Attorney Bulk Item: Yes XX No Staff Contact Person: Pedro Mercado AGENDA ITEM WORDING: Approval of Lease Agreement between Monroe County and Matthew Schulte and David Rice, Tenants, for hangar space at the Florida Keys Marathon Airport. ITEM BACKGROUND: The original Lease Agreement for this hangar space was for a term of five years, beginning October 1, 1997 and ending October 31, 2002, with an option to renew for three additional five year terms by providing the County with written notice of their intent to do so thirty days or more in advance of the term's expiration date; in the second ten years the rent would be charged at fair market value, established after an appraisal of the premises and calculated pursuant to the then current rates and charges study. On October 31, 2002, a letter was received requesting to extend the lease for an additional five year period. On February 19, 2003, the Board approved the Lease Renewal Agreement, which waived the requirement to provide thirty day written notice and extended the agreement for an additional five years, effective November 1, 2002 and ending October 31, 2007. At the December BOCC meeting the board approved a new lease between the County and then tenants Matt Schulte and Robert DeField. That Lease Agreement extended the tern of the lease, in exchange for the tenants agreeing to assume the maintenance and insurance responsibilities for the leased property. The lease is for a term of ten years, with the option to renew the lease agreement for three additional five year terms by providing the County with written notice of their intent to do so thirty days or more in advance of the term's expiration date. Subsequent to entering in to that lease Robert DeField has sold his interest in the lease hold to David Rice. Rather than amend the prior lease, legal staff requested, and tenants agreed, to rescind the December 2006 lease and begin with a fresh lease with the current tenants. PREVIOUS RELEVANT BOCC ACTION: Approved the original lease with on October 15,1997, with an extension on February 19, 2003. Approved a new lease at the December 2006 BOCC meeting. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST: N/A COST TO COUNTY: N/A BUDGETED: Yes No SOURCE OF FUNDS: REVENUE PRODUCING: Yes XX No AMOUNT PER MONTH 1$ 91.75 APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included TBP Not Required DISPOSITION: AGENDA ITEM #=� i LEASE AGREEMENT THIS LEASE AGREEMENT is made and entered into this day of March, 2007, by and between Monroe County, a political subdivision of the State of Florida, whose address is the Florida Keys Marathon Airport, 9400 Overseas Highway, Marathon, FL 33040, hereinafter COUNTY, and Matthew Schulte and David Rice, whose respective addresses are 205 W. Seaview Lane, Marathon, FL 33050 and 133 Mockingbird Lane, Marathon, FL 33050, hereinafter called TENANTS or LESSEES. WHEREAS, COUNTY owns an airport known as the Florida Keys Marathon Airport, located in Marathon, Monroe County, Florida, and WHEREAS, TENANTS, currently lease certain property at the Florida Keys Marathon Airport, and WHEREAS, TENANTS, Matthew Schulte and Robert Defield, entered in to a new lease agreement in December 2006, and WHEREAS, Robert Defield assigned all of his rights, interest and title to his portion of the lease to David Rice, and WHEREAS, since the signing of the original lease, the lease hold has changed hands and the names of the TENANTS have changed, and WHEREAS, TENANTS and COUNTY agree that it would be preferable, for purposes of clarity to cancel all previous lease agreements, and WHEREAS, TENANTS are willing to assume maintenance and insurance responsibilities for the leased property in exchange for entering in to a new lease with a longer term, and Page 1 of 14 WHEREAS, TENANTS desire to obtain certain rights, services and privileges in connection with the use of the Airport facilities, and the COUNTY is willing to grant and lease the same to TENANTS upon the terms and conditions hereinafter stated, now, therefore, IN CONSIDERATION of the premises and of the mutual covenants and agreements herein contained, and other valuable considerations, COUNTY does hereby grant and lease unto TENANTS, and TENANTS do hereby lease from the COUNTY, certain premises, facilities, rights, and privileges in connection with and on the Airport, as follows, to wit: 1) The parties mutually agree to cancel the October 15, 1997 Lease Agreement, the February 19, 2003 Lease Renewal Agreement and the December 2006 Lease Agreement with neither party having any further duty, obligation or liability to the other under the terms of that 1997 lease or its 2003 extension or the December 2006 lease. A copy of the 1997 lease, 2003 renewal, the December 2006 lease, and the lease assignment from Robert Defield to David Rice are attached to this lease as Exhibit A. 2) The COUNTY leases the property described in Exhibit B, hereafter the premises, to the TENANTS for a term of Ten years, beginning on the 21 st day of March, 2007 and ending on the 19th day of March, 2017. The TENANTS may renew this lease agreement for three additional five year terms by providing the COUNTY with written notice of their intent to do so thirty (30) days or more in advance of the term's expiration date. 3) The rental payment for the premises during the first year of this agreement is $191.75 per month, plus the applicable sales tax, payable at the Airport Director's Office, Florida Keys Marathon Airport, 9400 Overseas Highway, Marathon, FL 33050. The monthly rental payment will increase for each successive year of the first ten (10) years by the following amount: the total rental amount for the year multiplied by the increase in the consumer price index (C.P.I.) for the Miami/Ft. Lauderdale area divided by twelve (12). Rent may be paid by the month or year Page 2 of 14 at the TENANTS' option. Following the initial term of ten (10) years, the rent charged will be at fair market value, established after an appraisal of the premises. Following establishment of the fair market value rental rate, the rent will thereafter be subject to the yearly CPI increases provided for in this paragraph. 4) a) The parties acknowledge that there is an existing hangar on the premises that belongs to the TENANTS. At the end of any term at which the lease is not renewed, TENANTS shall remove the existing hangar from the premises at TENANTS sole expense. b) (i) The TENANTS may not conduct any commercial activity or operate an FBO on the premises without the permission of the COUNTY. The premises are leased strictly for use by the TENANTS' private aircraft. (ii) The TENANTS must keep the COUNTY's Florida Keys Marathon Airport Manager apprised of the names of persons and their aircraft that the TENANTS have authorized to use the hangar facilities. The Manager must be notified as soon as possible when an authorized occupant is added or deleted. c) The TENANTS are responsible for the maintenance of the hangar. 5) The TENANTS are responsible for insuring the leased premises. a) Each TENANT shall obtain or possess the following insurance coverage's and will provide Certificates of Insurance to COUNTY to verify such coverage: Aircraft Liability to include coverage for the structural Premises with limits not less than $1,000,000 (One Million) per occurrence b) The Monroe County Board of County Commissioners will be included as "Additional Insured" on all policies issued to satisfy the above requirements. All forms of insurance required above shall be from insurers acceptable to the County. Page 3 of 14 c) All insurance policies must specify that they are not subject to cancellation, non -renewal, material change, or reduction in coverage unless a minimum of thirty days prior notification is given to the Lessor by the insurer. d) TENANTS shall maintain the required insurance throughout the entire term of this lease and any extensions which may be entered into. The COUNTY, at its sole option, has the right to request a certified copy of any and all insurance policies required by this lease. Failure to comply with this provision shall be considered a default and the COUNTY may terminate the lease in accordance with Paragraph 36. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and be approved by Monroe County Risk Management. 6) In the event the premises are needed for the expansion of the Airport or the Federal Aviation Administration requires the removal of premise improvements the County may cancel this lease upon ninety (90) days written notice to the TENANTS. In the event of cancellation the COUNTY will provide LESSEES with an alternative location. If a suitable alternative location is unavailable or if mutual agreement as to location can not be reached, the COUNTY may cancel this lease upon 30 days written notice to the TENANTS. In the event of relocation the COUNTY, at COUNTY expense, shall relocate the LESSEE'S hangar to an alternate site in accordance with Florida Keys Marathon Airport ALP. If an alternate site at the airport is not available, the COUNTY will purchase the LESSEE'S lease hold at fair market appraisal value. 7) The TENANTS may assign this lease with the approval of the Board of County Commissioners, whose approval may not be unreasonably withheld. 8) The TENANTS must not authorize, permit or suffer any construction mortgage or other lien of any nature to be placed on the hangar. Page 4 of 14 9) The TENANTS must pay all utilities, including gas, electricity, water and solid waste disposal charges, if any, and any installation charges that may be required for those utilities. 10) The TENANTS must not make any unlawful or offensive use of the premises and must permit the COUNTY or its agents to inspect the premises at all reasonable times. 11) The TENANTS must obtain, and keep in effect during the term of this lease, the insurance described in paragraph 5. The TENANTS may not begin their occupancy of the premises, regardless of the commencement date of this lease, until they furnish proof satisfactory to the COUNTY's Director of Risk Management that they have obtained the insurance policies required by paragraph 5. 12) Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, TENANTS shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses (including, without limitation, costs of remediation and costs of additional security measures that the Federal Aviation Administration, the Transportation Security Administration or any other governmental agency requires by reason of, or in connection with a violation of any federal law or regulation, attorney's fees and costs, court costs, fines and penalties) that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of TENANTS or any of its employees, agents, contractors or other invitees during the term of this lease, (B) the negligence or willful misconduct of TENANTS or any of its employees, agents, contractors or other invitees, or (C) TENANTS default in respect of any of the obligations that it undertakes under the terms of this lease, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, Page 5 of 14 contractors or invitees (other than TENANTS). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this lease, this Section will survive the expiration of the term of this lease or any earlier termination of this lease. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained in paragraph 5. 13) a) The TENANTS for themselves, their personal representatives, successors in interest, and assigns, as a part of the consideration hereof, do hereby covenant and agree that 1) No person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; 2) That in the construction of any improvements on, over or under such land and the furnishing of services thereon, no person on the grounds of race, color or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination; 3) That the TENANTS shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally -assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964 and as said Regulations may be amended. b) That in the event of breach of any of the above non-discrimination covenants, the COUNTY shall have the right to terminate the lease and to re-enter and as if said lease had never been made or issued. The provision shall not be effective until the Page 6 of 14 procedures of Title 49, Code of Federal Regulations, Part 21 are followed and completed including exercise or expiration of appeal rights. c) It shall be a condition of this lease that the COUNTY reserves unto itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the real property herein described, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation of or flight in the said airspace, and for use of said airspace for landing on, taking off from or operating on the airport. d) That the TENANTS expressly agree for themselves, their successors and assigns, to restrict the height of structures, objects of natural growth and other obstructions on the herein described real property to such a height so as to comply with Federal Aviation Regulations, Part 77. e) That the TENANTS expressly agree for themselves, their successors and assigns, to prevent any use of the herein described real property which would interfere with or adversely affect the operation or maintenance of the airport, or otherwise constitute an airport hazard. f) This lease and all provisions hereof are subject and subordinate to the terms and conditions of the instruments and documents under which the COUNTY acquired the subject property from the United States of America and shall be given only such effect as will not conflict or be inconsistent with the terms and conditions contained in the lease of said lands from the COUNTY, and any existing or subsequent amendments thereto, and are subject to any ordinances, rules or regulations which have been, or may hereafter be adopted by the COUNTY pertaining to the Florida Keys Marathon Airport. Page 7 of 14 g) Notwithstanding anything herein contained that may be, or appear to be, to the contrary, it is expressly understood and agreed that the rights granted under this agreement are non-exclusive and the COUNTY herein reserves the right to grant similar privileges to another tenant or other tenants on other parts of the Airport. 14) This lease will be automatically be canceled, and the title to the improvements on the leased premises will revert to the COUNTY, should the TENANTS fail to occupy the premises within six months of the commencement of this lease or if, during the tern of the lease, the premises are abandoned for a continuous period of six (6) months. This reverter provision applies notwithstanding anything contained elsewhere in this lease agreement. 15) The TENANTS, on keeping the covenants and agreements set forth in this lease, are entitled to quiet and peaceful enjoyment of the premises without any interruptions by the COUNTY or by any person or persons claiming by, through or under the COUNTY. 16) All communications between the parties should be between the following persons at the following addresses: Florida Keys Marathon Airport Director Mr. Matthew Schulte Mr. David P. Rice Florida Keys Marathon Airport 205 W. Seaview Lane 133 Mockingbird Ln, 9400 Overseas Highway Marathon, Fl. 33050 Marathon, FL 33050 Marathon, FL 33050 17) COUNTY agrees that TENANT is a two-party TENANT, each TENANT party occupying and using one-half of the Leased Premises. COUNTY agrees that each TENANT party shall be responsible only for that TENANT Party's actions, omissions or defaults and that there shall be no joint liability solely due to the actions, omissions or defaults of one TENANT party. 18) In the event of death of a TENANT party or abandonment of the leased premises by a TENANT party, the other TENANT party shall have the option, but shall not be required to, assume the use and occupancy of the other TENANT party's portion of the Leased Premises, and Page 8 of 14 upon doing so, shall become the sole TENANT party from the date or death or abandonment thereafter. 19) The TENANTS warrant that they have not employed, retained or otherwise had act on their behalf any former COUNTY office or employee in violation of Section 2 of Ordinance No. 10-1990 or any COUNTY officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision, the COUNTY may, in its discretion, terminate this lease without liability and may also in its discretion, recover from the TENANTS the full amount of any fee, commission, percentage, gift or consideration paid to the former COUNTY officer or employee. 20) Venue for any litigation arising under this lease agreement must be in a court of competent jurisdiction in Monroe County, Florida. 21) The COUNTY and its authorized officers, employees, agents, contractors, subcontractors and other representatives shall have the right to enter upon the leased premises for the following purposes: a) to inspect the leased premises at reasonable intervals during regular business hours (or at any time in case of emergency) to determine whether TENANTS have complied and are complying with the terms and conditions of this agreement with respect thereto; b) to perform essential maintenance, repair, relocation, or removal of the existing facility(if owned by the County), structure(if owned by the County), perimeter security fence, underground and overhead wires, pipes, drains, cables and conduits now located on or across the leased premises, and to construct, maintain, repair, relocate, and remove such facilities in the future as necessary to carry out the Master Plan of development of the Airport; provided, however, that said work shall in no event unduly interfere with the operations of TENANTS and, provided further, Page 9 of 14 that the entire cost of such work, as a result of the exercise by the COUNTY of its rights hereunder shall be borne by the COUNTY. 22) TENANTS and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 23) TENANTS and COUNTY agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This paragraph does not apply where a default has occurred under the provisions of this agreement. 24) In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, TENANTS and COUNTY agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. TENANTS and COUNTY specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. A party who requests the other party's participation in accordance with the terms of this paragraph shall pay all reasonable expenses by the other party by reason of such participation. 25) TENANTS and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that the only interest of each is to perform and receive benefits as recited in this Agreement. Page 10 of 14 26) COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 27) The TENANTS and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the TENANTS agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 28) Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the COUNTY and the TENANTS in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 29) Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed Page I 1 of 14 as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 30) No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the TENANTS agree that neither the COUNTY nor the TENANTS or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 31) No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 32) This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 33) This lease has been carefully reviewed by both the LESSEE and the COUNTY. Therefore, this lease is not to be construed against any party on the basis of authorship. 34) This lease represents the parties' final and mutual understanding. It replaces any earlier agreements or understandings, whether written or oral. This lease cannot be modified or replaced except by another signed lease or lease amendment. Page 12 of 14 35) Nothing in this lease should be read as modifying the applicable statute of limitations. The waiver of the breach of any obligation of this lease does not waive another breach of that or any other obligation. 36) This lease may be canceled at the discretion of the COUNTY in the following circumstances: a) LESSEE fails to timely pay the rent; b) LESSEE fails to obtain the insurance required under this lease or allows the required insurance coverage to lapse or fall below the minimum required; c) LESSEE otherwise breaches the terms of this lease, or d) Cancellation is required to accommodate future Airport growth, or e) Cancellation is required due to F.A.A. requirements. In the case of the default/breach occurrences described in subparagraphs 36(a),(b) and (c), the COUNTY's Marathon Airport Director shall first give the LESSEE a written notification stating the default/breach and that the Lessee has 10 days to correct the default/breach. The Lessee shall be notified by certified mail return receipt requested that he has 10 days to correct the default/breach. Notice shall be presumed upon return of a signed return receipt. If the nature of the default/breach is such that it cannot be cured in 10 days, the Lessee shall inform the County in writing of the reason why the default/breach cannot be cured in 10 days and shall provide a written plan showing how the default/breach will be cured in a timely manner. If the Lessee has not corrected the default/breach at the end of the 10 days or if the Lessee has provided a cure plan, which the Lessee has failed to timely and diligently execute, then the County may cancel the lease in its discretion. In the case of cancellation occurring as described in subparagraphs 36(d) and (e), COUNTY shall proceed in accordance with paragraph 6 of this agreement. IN WITNESS WHEREOF, the parties have set their hands and seal. Page 13 of 14 (SEAL) ATTEST: DANNY L_ KOLHAGE, CLERK Deputy Clerk Date WITNESSES Ge Date 8-0-7 Date 3— I g.-� -- BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairperson By fL% David Rice Page 14 of 14 l d £890£4L90£ e018 pineQ dgti:10 LO 6L aeW CONSENT TO ASSIGNMENT This Consent to Assignment is entered into this _ day of 2007, by and between Monroe County, a political subdivision of the State of Florida, hereafter County, Robert Defield, Assignor and David P. Rice, Assignee, the parties agreeing as follows: 1. The County leases to Assignor the west Bay of Hangar One at the Florida Keys Marathon Airport, Marathon, Florida, through an Agreement dated Oe-rOAr IS, 1997 , hereafter the original agreement, and renewed on 19, 2.UU 3 . The original agreement and renewal agreements are attached and incorporated into This Consent to Assignment. 2. By a change of ownership effective /• S - O 7 from Assignor to Assignee, the Assignor assigned to Assignee all of the Assignor's rights, title and interest in the original agreement. 3. Monthly rent payments shall be made payable to Monroe County and sent to the Airport Director's Office, 9400 Overseas Highway, Marathon, FL 33050. 4. In consideration for such consent the Assignee agrees to be bound by all of the terms and conditions of the original agreement, as previously amended and as amended above. (SEAL) ATTEST; DANNY L KOLHAGE BY Deputy Clerk Notary Public, State of FL (SEAL) �rfFrs i3� a BtJAi4E�1 YflifV'bi_a:.rU}'. By: Notfiry Public, State of FL (SEAL) BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor/Chairman ASSIGNEE �`= r BY: David Rice 133 Mockingbird Lane Marathon, FL 33050 ASSIGNOR Jw[ I By:_T Robert Defield 11425 Overseas Highway Marathon, FL 33050 LEASE AGREEMENT THIS LEASE AGREEMENT is made and entered into this 20th day of December. 2006, by and between Monroe County, a political subdivision of the State of Florida, whose address is the Florida Keys Marathon Airport, 9400 Overseas Highway, Marathon, FL 33040, hereinafter COUNTY, and Matt Schulte and Robert Defield, whose respective addresses are 205 W. Seaview Lane, Marathon, FL 33050 and 11425 Overseas Highway, Marathon, FL 33050, hereinafter called TENANTS. WHEREAS, COUNTY owns an airport known as the Florida Keys Marathon Airport, located in Marathon, Monroe County, Florida, and WHEREAS, TENANTS, currently lease certain property at the Florida Keys Marathon Airport, and WHEREAS, TENANTS current lease expires on October 31, 2007, and WHEREAS, TENANTS are willing to assume maintenance and insurance responsibilities for the leased property in exchange for entering in to a new lease with a longer term, and WHEREAS, TENANTS desire to obtain certain rights, services and privileges in connection with the use of the Airport facilities, and the COUNTY is willing to grant and lease the same to TENANTS upon the terms and conditions hereinafter stated, now, therefore, IN CONSIDERATION of the premises and of the mutual covenants and agreements herein contained, and other valuable considerations, COUNTY does hereby grant and lease unto TENANTS, and TENANTS do hereby lease from the COUNTY, certain premises, facilities, rights, and privileges in connection with and on the Airport, as follows, to wit: WITNESSETH Wage l of 14 I The parties mutually agree to cancel their October 15, 1997 lease Agreement and their February 19, 2003 Lease Renewal Agreement with neither party having any further duty, obligation or liability to the other under the terms of that 1997 lease or its 2003 extension. A copy of the 1997 lease and the 2003 renewal are attached to this lease as Exhibit A. 2) The COUNTY leases the property described in Exhibit B, hereafter the premises, to the TENANTS for a term of Ten years, beginning on the 20th day of December, 2006 and ending on the 19th day of December. 2016. The TENANTS may renew this lease agreement for three additional five year terms by providing the COUNTY with written notice of their intent to do so thirty (30) days or more in advance of the term's expiration date. 3) The rental payment for the premises during the first year of this agreement is $191.75 per month, plus the applicable sales tax, payable at the Airport Director's Office, Florida Keys Marathon Airport, 9400 Overseas Highway, Marathon, FL 33050. The monthly rental payment will increase for each successive year of the first ten (10) years by the following amount: the total rental amount for the year multiplied by the increase in the consumer price index (C.P.I.) for the Miami/Ft. Lauderdale area divided by twelve (12). Rent may be paid by the month or year at the TENANTS' option. Following the initial term of ten (10) years, the rent will charged at fair market value, established after an appraisal of the premises. 4) a) The parties acknowledge that there is an existing hangar on the premises that belongs to the TENANTS. At the end of any term at which the lease is not renewed, TENANTS shall remove the existing hangar from the premises at TENANTS sole expense. Page 2 of 14 b) (i) The TENANTS may not conduct any commercial activity or operaie an FBO on the premises without the permission of the COUNTY. The premises are leased strictly for use by the TENANTS' private aircraft. (ii) The TENANTS must keep the County's Florida Keys Marathon Airport Manager apprised of the names of persons and their aircraft that the TENANTS have authorized to use the hangar facilities. The Manager must be notified as soon as possible when an authorized occupant is added or deleted. c) The TENANTS are responsible for the maintenance of the hangar. 5) The TENANTS are responsible for insuring the leased premises. a) TENANTS shall obtain or possess the following insurance coverage's and will provide Certificates of Insurance to COUNTY to verify such coverage: Aircraft Liability to include Hangar -Keepers Liability with limits not less than $1,000,000 (One Million) per occurrence All Risk Property Insurance to include perils of wind and flood for full replacement value of building/structure. Airport Liability with limits not less than$1,000,000 (One Million) per occurrence b. The Monroe County Board of County Commissioners will be included as "Additional Insured" on all policies issued to satisfy the above requirements. All forms of insurance required above shall be from insurers acceptable to the County. C. All insurance policies must specify that they are not subject to cancellation, non -renewal, material change, or reduction in coverage unless a minimum of thirty days prior notification is given to the Lessor by the insurer. d. TENANTS shall maintain the required insurance throughout the entire term of this lease and any extensions which may be entered into. The COUNTY, at its sole option, has the right to request a certified copy of any and all insurance policies Page 3 of 14 required by this lease. Failure to comply with this provision shall be considered a default and the COUNTY may terminate the lease in accordance with Paragraph 36. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and be approved by Monroe County Risk Management. 6) If the premises are needed for the expansion of the Airport or the Federal Aviation Administration requires the removal of premise improvements, then the COUNTY shall provide an alternative location by mutual agreement within thirty (30) days written notice to the TENANTS. If a suitable alternative location is unavailable or if mutual agreement as to location can not be reached, the COUNTY may cancel this lease upon 30 days written notice to the TENANTS. Upon such termination, the COUNTY will have no further obligation to the TENANTS, including the obligation to pay money or any damages. The COUNTY must also remove the hangar at COUNTY expense. If the cancellation of this lease under this paragraph occurs during the initial term of this lease, the COUNTY must dismantle and return the hangar to the TENANTS at any place designated by them within the Airport that is acceptable to COUNTY. 7) The TENANTS may assign this lease with the approval of the Board of County Commissioners, whose approval may not be unreasonably withheld. 8) The TENANTS must not authorize, permit or suffer any construction mortgage or other lien of any nature to be placed on the hangar. 9) The TENANTS must pay all utilities, including gas, electricity, water and solid waste disposal charges, if any, and any installation charges that may be required for those utilities. 10) The TENANTS must not make any unlawful or offensive use of the premises and must pennit the COUNTY or its agents to inspect the premises at all reasonable times. 111) The TENANTS must obtain, and keep in effect during the tenn of this lease, the insurance described in paragraph 5. The TENANTS may not begin their occupancy of the premises, Page 4 of 14 regardless of the commencement date of this lease, until they furnish proof satisfactory to the COUNTY's Director of Disk Management that they have obtained the insurance policies required by paragraph 5. 12) Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, TENANTS shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses (including, without limitation, costs of remediation and costs of additional security measures that the Federal Aviation Administration, the Transportation Security Administration or any other governmental agency requires by reason of, or in connection with a violation of any federal law or regulation, attorney's fees and costs, court costs, fines and penalties) that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of TENANTS or any of its employees, agents, contractors or other invitees during the term of this lease, (B) the negligence or willful misconduct of TENANTS or any of its employees, agents, contractors or other invitees, or (C) TENANTS default in respect of any of the obligations that it undertakes under the terms of this lease, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than TENANTS). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this lease, this Section will survive the expiration of the term of this lease or any earlier termination of this lease. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained in paragraph 5. Page 5 of 14 13) a) The TENANTS for themselves, their personal representatives, successors in interest, and assigns, as a part of the consideration hereof, do hereby covenant and agree that 1) No person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; 2) That in the construction of any improvements on, over or under such land and the furnishing of services thereon, no person on the grounds of race, color or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination; 3) That the TENANTS shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally -assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964 and as said Regulations may be amended. b) That in the event of breach of any of the above non-discrimination covenants, the COUNTY shall have the right to terminate the lease and to re-enter and as if said lease had never been made or issued. The provision shall not be effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are followed and completed including exercise or expiration of appeal rights. c) It shall be a condition of this lease that the COUNTY reserves unto itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the real property herein described, together with the right to cause in said airspace such noise as may be Page 6 of 14 inherent in the operation of aircraft, now known or hereafter used, for navigation of or flight in the said airspace, and for use of said airspace for landing on, taking off from or operating on the airport. d) That the TENANTS expressly agree for themselves, their successors and assigns, to restrict the height of structures, objects of natural growth and other obstructions on the herein described real property to such a height so as to comply with Federal Aviation Regulations, Part 77. e) That the TENANTS expressly agree for themselves, their successors and assigns, to prevent any use of the herein described real property which would interfere with or adversely affect the operation or maintenance of the airport, or otherwise constitute an airport hazard. f) This lease and all provisions hereof are subject and subordinate to the terms and conditions of the instruments and documents under which the COUNTY acquired the subject property from the United States of America and shall be given only such effect as will not conflict or be inconsistent with the terms and conditions contained in the lease of said lands from the COUNTY, and any existing or subsequent amendments thereto, and are subject to any ordinances, rules or regulations which have been, or may hereafter be adopted by the COUNTY pertaining to the Florida Keys Marathon Airport. g) Notwithstanding anything herein contained that may be, or appear to be, to the contrary, it is expressly understood and agreed that the rights granted under this agreement are non-exclusive and the COUNTY herein reserves the right to grant similar privileges to another tenant or other tenants on other parts of the Airport. 14) This lease will be automatically be canceled, and the title to the improvements on the leased premises will reveli to the COU14TY, should the TENANTS fail to occupy the premises Page 7 of 14 within six months of the commencement of this lease or if, during the term of the lease, the premises are abandoned for a continuous period of six (6) months. This reverter provision applies notwithstanding anything contained elsewhere in this lease agreement. 15) The TENANTS, on keeping the covenants and agreements set forth in this lease, are entitled to quiet and peaceful enjoyment of the premises without any interruptions by the COUNTY or by any person or persons claiming by, through or under the COUNTY. 16) All communications between the parties should be between the following persons at the following addresses: Florida Keys Marathon Airport Manager Mr. Matthew Schulte Mr. Robert E. Defield Florida Keys Marathon Airport 205 W. Seaview Lane 11425 Overseas Highway 9400 Overseas Highway Marathon, Fl. 33050 Marathon, FL 33050 Marathon, FL 33050 The parties agree that any communication required from the COUNTY to the TENANTS will be considered sent and delivered if sent and delivered to either Tenant. Any communication required from the TENANTS to the COUNTY will be considered sent and delivered if sent and delivered by either Tenant. 17) Any action taken by either Tenant under this lease will be binding on the other Tenant as if the action had been undertaken jointly. 18) The TENANTS under this lease are to be considered joint tenants with a right of survivorship. In the event of the death of either Tenant, the surviving Tenant will automatically acquire and assume all the deceased Tenant's interests, obligations, duties and privileges under this lease agreement. 19) The TENANTS warrant that they have not employed, retained or otherwise had act on their behalf any former COUNTY office or employee in violation of Section 2 of Ordinance No. 10-1990 or any COUNTY officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision, the COUNTY may, in its discretion, terminate this lease Page '. of 14 without liability and niay also in its discretion, recover from the TENANTS the full amount of any fee, commission, percentage, gift or consideration paid to the former COUNTY officer or employee. 20) Venue for any litigation arising under this lease agreement must be in a court of competent jurisdiction in Monroe County, Florida. 21) The COUNTY and its authorized officers, employees, agents, contractors, subcontractors and other representatives shall have the right to enter upon the leased premises for the following purposes: a) to inspect the leased premises at reasonable intervals during regular business hours (or at any time in case of emergency) to determine whether TENANTS have complied and are complying with the terms and conditions of this agreement with respect thereto; b) to perform essential maintenance, repair, relocation, or removal of the existing facility(if owned by the County), structure(if owned by the County), perimeter security fence, underground and overhead wires, pipes, drains, cables and conduits now located on or across the leased premises, and to construct, maintain, repair, relocate, and remove such facilities in the future as necessary to carry out the Master Plan of development of the Airport; provided, however, that said work shall in no event unduly interfere with the operations of TENANTS and, provided further, that the entire cost of such work, as a result of the exercise by the TENANTS of its rights hereunder shall be home by the TENANTS. 22) TENANTS and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Page 9 of 14 23) TENANTS and COUhTTY agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This paragraph does not apply where a default has occurred under the provisions of this agreement. 24) In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, TENANTS and COUNTY agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. TENANTS and COUNTY specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. A party who requests the other party's participation in accordance with the terms of this paragraph shall pay all reasonable expenses by the other party by reason of such participation. 25) TENANTS and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that the only interest of each is to perform and receive benefits as recited in this Agreement. 26) COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Page 10 of 14 27) The TEINTANTS and COU14TY wafltant that, in respect to itself; it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the TENANTS agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 28) Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the COUNTY and the TENANTS in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 29) Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 30) No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any sen.,ice or program contemplated hereunder, and the COUNTY and the TENANTS agree that neither the COUNTY nor the TENANTS or any agent, officer, or employee of either shall have the Page 11 01 14 authority to infoetn, counsel, or otherwise indicate that any particular individual or ,group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 31) No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 32) This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 33) This lease has been carefully reviewed by both the Lessee and the Lessor. Therefore, this lease is not to be construed against any party on the basis of authorship. 34) This lease represents the, parties' final and mutual understanding. It replaces any earlier agreements or understandings, whether written or oral. This lease cannot be modified or replaced except by another signed lease or lease amendment. 35) Nothing in this lease should be read as modifying the applicable statute of limitations. The waiver of the breach of any obligation of this lease does not waive another breach of that or any other obligation. 36) This lease may be canceled at the discretion of the County in the following circumstances: a) Lessee fails to timely pay the rent; b) Lessee fails to obtain the insurance required under this lease or allows the required insurance coverage to lapse or fall below the minimum required; Page 12 of 14 e) Lessee otherwise breaches the terms of this lease, or d) Cancellation is required to accommodate future Airport growth, or e) Cancellation is required due to F.A.A. requirements. In the case of the default/breach occurrences described in subparagraphs 36(a),(b) and (c), the County's Florida Keys Marathon Airport Manager shall first give the Lessee a written notification stating the default/breach and that the Lessee has 10 days to correct the default/breach. If the Lessee has not corrected the defaultibreach at the end of the 10 days, then the County may cancel the lease in its discretion. In the case of cancellation occurring as described in subparagraphs 36(d) and (e), COUNTY shall provide Lessee 90 days notice. IN WITNESS WHEREOF, the parties have set their hands and seal. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By_ Date Deputy Clerk WITNESSES Date BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA a Mayor/Chairperson TENANTS By Matthew Schlute By � t Robert be' field page 13 of 14 EXHIBIT h LEASE RENEWAL AGREEMENT This lease renewal agreement is made and entered into this " day of i 2003. by and between MONROE COUNTY, a political subdivision of the State of Florida, e' address is the Marathon Airport, 9400 Overseas Highway, Marathon, FL 33050, hereafter COUNTY, and ROBERT DEFIELD AND ROBERT CAYCE, whose address is 11425 Overseas Highway, Marathon, FL 33050, hereafter TENANTS. The parties agree as follows: WHEREAS, the October 15, 1997 lease, hereafter original lease, between the parties (with original Tenant Charles Pierce's interest assigned to Robert DeField) provided that it could be renewed for three additional five-year terms; WHEREAS, the parties agree that the Tenants inadvertently did not provide a notice to renew 30 days or more prior to October 31, 2002, as required by the original lease, but that inadvertence should not result in the lease renewal being refused; now, therefore, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1. The COUNTY hereby waives and forgives the failure of the Tenants to provide written notice of their intent to renew 30 days or more before October 31, 2002, 2. The original lease is hereby renewed for an additional five-year term beginning on November 1, 2002 and ending on October 31, 2007. 3. Except as provided in paragraph two of this renewal agreement all the terms and conditions of the original lease remain in full force and effect. IN WITNESS WHEREOF, the parties have set their hands and seal the day and year first above written. (-SEAL) ATTEST: DANN(�L. OLHAJE,CK Byt i .0ep6ty Jerk WITNESSES: fGc,� 'QC )-16i( J r BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairperson TENANTS i 25 Ed Own, ERT CAYCE idairhangardefield AN YLEG ED AS T`' At c The monthly rental payment will increase for each successive year of the first ten years by the following amount: multiplied by the increase in the consumer price index (c.p,i. ) r,�h lhJ_T F. L 2',511 E. AREEER%I Eil i� This lease agreement is made and entered ino this /-5 rr ° tday of (, C rri��(�, 1997. by and between Monroe County, a political subdivision of the State of Florida. whose address is the Marathon Airport, 9400 Overseas Highway, Marathon. FL 33050, hereafter COUNTY, and Charles Pierce and Bob Cayce, whose respective addresses are #1 47th Street, Gulf, Hurricane Harbor, Marathon. FL 33050 and 5996 Overseas Highway, Marathon, FL 33050, hereafter TENANTS. The parties agree as follows: 1) The COUNTY leases the property described in Exhibit A — hereafter the premises — to the TENANTS for a term of five years, beginning on /o//S 1997 and ending on /3/ . 2002. Exhibit A is attached to and incorporated into this lease agreement by reference. The TENANTS may renew this lease agreement for three additional five year terms by Providing the COUNTY with written notice of their intent to do so thirty dovs or more in advance of the term's expiration date. 2) The rental payment for the premises during the first year of this agreement is $150.00 per month, plus the applicable sales tax. payable at the Airport Director's Office, Marathon Airport, 9400 Overseas Highway, Marathon, FL 33050 the total rental amount for the year for the Miami/Ft. Lauderdale area divided by twelve. Rent may be paid by the month or year of the TENANTS' option. In the second ten years the rent will be changed at fair market value, established after an appraisal of the premises and calculated pursuan4 to the then current rates and charges study. 3) al The parties acknowledge that there is an existing hangar on the premises that belongs to the TENANTS. At the end of the second term (ten years from the commencement of this renew this lease at the end of the first term, then the lease agreement), the hangar will become the property of the COUNTY. If the TENANTS elect not to ma re hangar from the they do so by the end of that term. If the hangar remains on the Premises after the expiration premises thif e initial term, and the TENANTS have elected not to renew, the hangar becomes the property of the COUNTY. Further, if, during the first two five-year terms, the TENANTS depart the premises as a result of their breach of this agreement, then the hangar will become the property of the COUNTY. b) The TENANTS must make the following capital improvements to the hangar. reseal the asphalt hangar pad. install new tie downs, repair the X-braces. secure the roof beam by the wound ccbles on the earl and v.,esj side of the hanecr, cnd ut:arode the utililies (water and Ltc erns j ra. 4h tandr-rd; esiabtished b) ea �= wionrde Cau,�iy Building rode. the cai�iiai p r� vPn� nts nli r i be c ��mpleied eA,hin i6 �� P&s ;vvc) yearn of the initial ter i. All the rai�ital vIonr veCoun B described rnwP be inspected and approved for building code conplionce by the ilAonroe County ��ilding Deparfrnent. the TENANTS may not conduct any commercial activity or operate an FBO on the premises without the permission of the COUNTY. The premises are leased strictly for Lise by the TENANTS' private aircraft, (ii) The TEN NTmust keep the COUNTY's of the names of Persons their aircraft that the TENANTS aavetauuthoriauthorized tohon Airport ' use tthe hangar apprised facilities. The Director must be notified as soon as possible when an authorized occupant is added or deleted. d) The TENANTS are responsible for the maintenance of the hangar for the first and second terms of this lease (the first ten years(. After that, the COUNTY will assume the responsibility for the hangar's structural maintenance, with the TENANTS responsible for ❑II other premises' maintenance. Both parties must perform their maintenance of the hangar and related improvements in accordance with all applicable laws, rules and ordinances. 4) If the premises are needed for the expansion of the Airport or the FAA requires the removal of premise improvements, then the COUNTY may cancel this lease with thirty days written notice to the TENANTS. Upon such termination, the COUNTY will have no further obligation to the TENANTS, including the obligation to pay money or any damages. The. COUNTY must also remove the hangar at COUNTY expense. If the cancellation of this lease under this paragraph occurs during the first or second terms. the COUNTY must dismantle and return the hangar to the TENANTS at any Place designated by them within the Airport that is acceptable to COUNTY. SI The TENANTS may assign this lease with the approval of the Board of County Commissioners, whose approval may not be unreasonably withheld. 6) The TENANTS must not authorize, permit or suffer any construction mortgage or other lien of any nature to be placed on the hangar. 7) The TENANTS must pay all utilities, including gas, electricity, water and solid waste disposal charges, if any, and any installation charges that may be required for those utilities. 8) The TENANTS must not make any unlawful or offensive use of the premises and must Permit the COUNTY or its agents to inspect the premises at all reasonable times. °) The TENANTS must obtain — and keep in effect during the term of this lease — the in,urence described in Exhibit B. Exhibit B is alfached and incorporated into this *lease acreemenl. VVi 0�'4 Judtl Ct`t(+) Nac`lt �eCldn fill ®ccu�aan�y oaf"i1'1 r? Pv'arllses, regordless of the �'�CTi!`r1 eft"�4 nr,nt td �tii, ie of'his lease, until They furnish proof,saiistactory to the C(DUNTY's Director of Risk Manogenleni if,,, f they have obtained the insurance policies required by Exhibit B. 8 10) TENANTS covenant and agree to indemnify and hold harmless the COUNTY from ®ny and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses. damages and expenses (including attorney's fees) which arise out of, in connection with, or by reason of the TENANTS' utilization of the property governed by this lease agreement. The extent of liability is in no way limited to. reduced, or lessened by the insurance requirements contained in paragraph 9 and Exhibit B. 1 1) a) The TENANTS for themselves, their personal representatives, successors in interest, and assigns. as a part of the consideration hereof, do hereby covenant and agree that 1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of. or be otherwise subjected to discrimination in the use of said facilities; 2) that in the construction of any improvements on, over or under such land and the furnishing of services thereon, no person on the grounds of race, color or national origin shall be excluded from participation in. denied the benefits of, or be otherwise subjected to discrimination; 3) that the TENANTS shall use the premises in compliance with all other _ requirements imposed by or pursuant to Title 49, Code of Federal Regulations. Department of Transportation, Subtitle A. Office of the Secretary, Part 21, Nondiscrimination in Federally - assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964 and as said Regulations may be amended. b) That in the event of breach of any of the above nondiscrimination covenants, the COUNTY shall have the right to terminate the lease and to re-enter and as if said lease had never been made or issued. The provision shall not be effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are followed and completed including exercise or expiration of appeal rights. a) It shall be a condition of this lease that the COUNTY reserves unto itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the real property herein described, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation of or flight in the said airspace, and for use of said airspace for Ianding on, taking off from or operating on the airport. dl Thai the TENANTS expressly agree for themselves, their successors and assigns. 10 restrict the height of structures. objects of natural growth and other obstructions on the herein described real property to such a height so as to comply with Federal Aviation Regulations, Pcri 77. 3 �) II"Y0'! YP1CMaass"" Qgfy'e for ihernselse -- le ��aSC, to preycnt any .ase of the teerein dascsibad re theirsuc �rq �Fld Qsst-r)s of ect the operation or maintenance of the ,airport�o� otherwise e�ccans®tud iniar ere with or adversely an ®i�o i hazard. f) This lease and all provisions hereof are subject and subordinate to the terms Property from the United States of America and shall be eff and conditions of the instruments and documents under which the COUNTY acquired the subject given only be inconsistent with the terms and conditions contained n the lea esof said ect fthe COUN?Y as will not conflict r and any existing or subsequent amendments thereto, and are subject to lands any ordinances, rules y, regulations which have been, or may hereafter be adopted by the COUNTY pertaining to thor e Marathon Airport. g) Notwithstanding anything herein contained that may be, or appear to be, to the contrary, it is expressly understood and agreed that the rights granted under this agreement are nonexclusive and the COUNTY herein reserves the right to grant similar privileges to another tenant or other tenants on other parts of the Airport. 12) This lease will be automatically canceled, and the title to the improvements on the leased premises will revert to the COUNTY, should the TENANTS fail to occupy the premises within six months of the commencement of this lease or if, during the term of the lease, the premises ore abandoned for a continuous period of six (6) months. This reverter provision applies notwithstanding anything contained elsewhere in this lease agreement. 13) The TENANTS, on keeping the covenants and agreements set forth in this lease, are entitled to quiet and peaceful enjoyment of the premises without any interruptions by the COUNTY or by any person or persons claiming by, through or under the COUNTY. 14J All communications between the parties should be between the following persons at the following addresses: Marathon Airport Director Marathon Airport Mr. Charles Pierce Mr. Bob Cayce 9400 Overseas Highway # 147th Street, Gulf 5996 Overseas Highway Marathon, FL 33050 Hurricane Harbor Marathon, FL 33050 Marathon, FL 33050 The parties agree that any communication required from the COUNTY to the TENANTS will be considered sent and delivered if sent and delivered to either Tenant. Any communication required from the TENANTS to the COUNTY will be considered sent and delivered if sent and delivered by either Tenant. a 1.5� Any action Token by either Tenonf under this lease will be binding on the other Tenant as if the action had been undertaken jointly. I^''I -sll h u`Ra:I�IJ f_14'IUJ�:ti a!'II� Pi=:1.�4'd Il1're N� 1.-o�a `c)nsir.-tired joiij, t wrr„iF)i ':i;di-� a Culp r�tr survivarship. In the event of the death of either Tenanf, the surviving Tenant -wilt automatic®IYy acquire and assume all the deceased Tenant's interests. obligations. duties and privileges under this lease ogreement. 17) The TENANTS warrant that they have not employed, retained or otherwise had act on their behalf any former COUNTY officer or employee in violation of Section 2 of Ordinance, No. 10- 1990 or any COUNTY officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision, the COUNTY may, in its discretion, terminate this lease without liability and may also in its discretion, recover from the TENANTS the full amount of any fee, commission, percentage. gift or consideration paid to the former COUNTY officer or employee. for any litigation arising under this lease agreement must be in a court of in Monroe County, Florida. the parties have set their hands and seal. (SEAL) `�' ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE OU FLORI By Depu Clerk By Mayor/Chair an WITNESSES: TENANTS y By �o jr�p %ram Charles Pierce By Bob y G ECG✓a� Cayce iairihangarma APPROVED AS TO FORMA ALS'F I B ROBE4T N FE DATE 9 CONSENT TO ASSIGNMENT This Consent to Assignment is entered into by and between Monroe County, a political subdivision of the State of Florida, hereafter County, and natural person, hereafter Assignee, the parties agreeing as follows: L I.) The County leased a hangar at the Marathon Airport to one C11aC�CS TI PCP P -- hereafter, Assignor, through a lease agreement dated (Name of Person) 15 Oe�- Cl, 19n hereafter the original agreement. The original agreement is attached and incorporated into this Consent to Assignment. 2.) By an agreement dated I B Rim 199-2— the Assignor d to Assignee all the Assignor's rights, title and interest in theoriginal agreement. The goriginal agreement, paragraph -1� requires the consent of the County before such an assignment is effective against the County. The County hereby consents to the assignment described in this paragraph. In consideration for such consent, the Assignee agrees to be bond by all the terms and conditions of the original agreement including the obligation 10 pay the County any sums owed the county by the Assignor under the original agreement up to the effective date of this consent to assignment. 3.) This consent to assignment will take effect on the signature date of the last party �ecNte his consent to assignment. F d 11'. 4a TTEST: DANNY L. KOLHAGE, CLERK By eP Clerk Date: u.lal9F Dale:._; . <i)c IZ5 airman" ASSIGNEE O� AGREEMENT FOR SALE AND ASSIGNMENT COMES NOW Chuck Pierce (hereinafter referred to as "Assignor" and o.`lert DeField (hcreinafler referred to as "Assignee") and agree as follows: I _ The assignor is file owner of a hangar located at the Maratlion Aiq)ori which is located on land being leased from Monroe County, Florida. Hanger one west bay 2. It is the intent of the Assignor herein to assign all its right, title and interest in said hangar and lease to Robert DeField the Assignee for the consideration of $7,500.00 3. The $7,500.00paid 8/18/97 4. It is the intention that both parties will culminate this sale as soon as practicable and Iliac all necessary steps be taken with Monroe County for approval of this sale and assignment and by execution by this letter agreement the parties hereby agree to this sale and assignment dated this 18 day of August 1997, (ASSIGNOR) NOT ARIS AL ER STATE OF F700 No' CC570309N FXP. ULY 1B,2000 (ASSIGNS - j �� P�/, Fl- C/ e CAY11C i, P`t l,e '-'ry' Datedi August 200 1946 Chuck Pierce, referred to as Ell of SELLER'S right, titlm eFi®ld, referred to as "BUYER", his heirs Ahd acknowledges Hunar" D011aro q receipt of fl total of $ ykpb (gdVbh ?' Of the from Robert E. DeField, BUYER, ih Purchase price of the goods oonveypd hereby. Chuck Pierce warrant® that there are no liens or encutibranoes the goods sold, and that Chuck pierce,a title to the clear and merchnntbblt, Chuck Piaror shall defend Robert E. DaField from an goodeig said. Y ado®raQ claims to SELLER+a title to the tlaadee "SELLER", sells, bargains and and interest iconvey® n: Aircraft hanger on Harathon Airport Hanger on® (west bay) to Robert e, D asaignsa Chuck Pierce Thousand Fivu full payment on ho.go d aRa told he Tho.goeds gold herein are USLD and SOLD "AS IS", "HiI�R� 15a "WITH ALL FAULTS," the field, T({ggg COObB goods herein Ore hot avid b includinq kEgcFU, ARE SOLD WITHOUT Ucc W y �krcharit in The BUYER, Robert AND PITuns FOR A PAAT�MkfPp=r,6BE. told herein, D®Field, aokttowledgas eXaainihq the goods The parties agree to the terns and conditions statad hereihe Chuck Pierce, SEL R Robot-t. E Debit_-, P Me R R'Of9 rr Fi-l},� i-40. ` b NI O a y 1 y z J ti: o mf , ! rn ! � m ! d ! 0 ' o l 7POf o �-�MP � � ' EXHIBIT "A" )6 01 2000 03 � _ OFfi PG - .-fy r. �•� I I Yam' G 1 j* ` �� 1' '•r • . RA o r A- w nrl ti OF a 0 ® ®— IL I C? 10 u c r �4 :.;"l, a L u ► 0I 7 l R �Id o O (V O O 1 G I N I or r ` LL Oil miallm v EXHIBIT B O rp i Meeting Date March 21, 2007 Division: COUNTY ATTORNEY Bulk Item: Yes No Star Contact Person: Natileene W. Cassel Telephone # 305-292-3470 AGENDA ITEM WORDING: This FIRST AMENDMENT to the existing Legal Services Agreement dated March 15, 2006 with Ira Libanoff, Esq., consolidates into one agreement the attorney's representation of the County on the Tropex Construction Services, Inc. and five other matters which were previously billed under letters of engagement or other less formal agreements, and adds additional timekeepers in order to provide legal services. ITEM BACKGROUND: The attorney has represented the County through various engagement letters since 1999 in construction matters. On March 15, 2006 the County and Attorney entered into an Agreement for representation for the County's dispute with Tropex Construction Services, Inc. over the contract to construct the Tavernier Fire Station. This First Amendment, formalizes into one agreement the on going Attorney services in the Tropex Construction Services matter and in the following matters which were previously billed under letters of engagement or other less formal agreements: Consultation on General Matters as necessary at discretion of County Attorney, ® Monroe County v. Bender & Associates, CA K 03-915 ® Monroe County v. Jose Gonzalez, no case number yet • Monroe County v. Lodge Construction, et al, CA K 00-617 • D.L. Porter Constructors, Inc. v. Monroe County, CA K 07-155. PREVIOUS RELEVANT BOCC ACTION: See above CONTRACT/AGREEMENT CHANGES: Amend to consolidate several matters of representation into one Agreement and to add additional timekeepers. STAFF C® ATIONS: Approval COST TO OUNTY: SOURCE OF ) 1 =1 IiLEVENUE PRODUCING: O X AMOUNTPER MONTHYear, APPROVED BY: County Atty X DOCUMENTATION: Included X OMB/Purchasing Risk Management, Not Required DISPOSITION: AGENDA Item# 8052923576 MONROE COUNTY ATT 02:01:56p.m. 0$-05-2007 314 FIRST T A1V END NT TO AGREEMENT DATED BLrwE N MoNRoi, CouNTY AND IRA LMANOre, Es(Q, On this day of , 2007, the Board of County Conunussloners of Monroe County, Florida, as the legislative and governing body of Monroe County, Florida, and in: accordance with the powers enumerated in Section 125.01, Florida Statutes ("County") and ka Libanof; Esq., ("Attomgyl% hereby entered into Us First Amendment to their agreement dated March 15, 2006, which bears a reference number of 2005-06-02. NOW THEREFORE, in consideration of the mutual covenants and provisions contained .herein, the parties amend the Agreement of March 15, 2006, as follows: Part A . This first amendmonL is onLorod itito W rIlaxify the oxi,sting ] clatiouship 1;70tween the County and the Party. The attorney has represented the County through various engagement. letters since 1999 in construction matters. This March 15, 2006 Agreement related to repr=onwtion for the County's dispute with Tropex Construction Servicos, -Inc. over the contract to construct the Tavernier Fire Station. By this amendment, the parties intend to continue the agreement as it pertains to Tropex Construction Serviow and to founahze the attomey's represeutstion off County on the following additional matters, which were previously billed under letters of engagement or other less forrual agreements: Consultation on General Matters as necessary at discretion of County Attorney Monroe County v. Bender & Assoeiaates, CA K 03-915 Monroe County v. Jose Gonzalez, no case n rmber yet Monroe County v. Lodge Construction, et at, CA K 00-617 D.L. porter Constructors, Inc_ v. Monroe Co-onty, CA K 07-155, Part B. In order to effectuate. the amendments set forth above in Part A, the original agreement is amended as follows to reflect new hourly rates aad additional time keeper. Dourly rates for ATT01M Y and additional Timekeepers will be set at: Approved Time Keepers Janet Ritenbaugh Lori Shapiro Sandra U. Kennedy Jason L. Molder' Laura Rapay Hourly Rate $225.00 $225.00 $200.00 $195.00 $165,00 6OlZO 39VJ 6VaV/_VVS6 I?S:ST LOOZI90I60 3062923516 MDNPOrz COUNTY ATT 02.02:23 p.m 03-05-2007 4 14 Laura. Gerwens, paralegal $85.00 Karen Gjcrtsen $85.00 ATTORNEY will charge no more than the hourly rate quoted above throughout the duration of the representation on all cases covered by this Agreement, unless otherwise weed to in writing and approved by the COUNTY in the same manner as in this First Ai=ndmout to origirW agreement. TMS FfRST AMENDMENT to the agreement dated shall become effective when executed by bath the ATTORNEY and executed by the Board of County Commissioners of Momoe Cotinty, Florida. Attest: Danny L. K.olhage, Clerk By: Dzpuly Ckuk witness. Board of County Con=issioners Of Monroe County, Florida BY; Marie Di Gennaro, Mayor Date: rra Ulbanoff', g . Date -- MONROE COUNTY AT T ORN pROVEi3 AS TO FORS NAl"ILEENE W. CASSEL ASSISTANT COUNTY ATTORNEY Date 60/60 39Vd CV6L1;'LVVG6 tG'51 LOOZ/90/60 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 MONROE COUNTY, FLOR.IDA AGREEMENT NUMBER: STANDARD LEGAL SERVICES AGREEMENT GAY LIT 2005 46 02 (LITIGATION) THEBOARD OF COUNTY COMMISSIONERS OF IMONROE COUNTY, FLORIDA, as the legislative and governing body of Monroe County, Florida, and in accordance with the powers enumerated in Section 125.01, Florida Statutes (the "County") and IRA L. LIBANOFF, ESQ. the "Attorney") hereby enter into this Agreement regarding the retention of Attorney by County to provide legal advice and services; 1. Client: The Client is the County, and to the extent ethically permissible, its elected and appointed officers and its' employees, unless County advises Attorney otherwise. In the event that Attorney cannot ethically represent individuals in addition to County, Attorney shall advise County in writing of that fact immediately. 2. Attorney: The Attorney is the individual named above and whose signature appears at the bottom of this Agreement. Attorney is licensed to practice law in all jurisdictions relevant to this matter. If Attorney practices with others who rnay also provide services to County, he or she understands that County expects that Attorney will be responsible for managing the representation, assuring compliance of others with the terms of this Agreement and ethical requirements, preparing and substantiating all bills, and communicating with County. Attorney may not delegate or outsource this work without full written disclosure to, and prior written approval from, the County. 3. Matter: Attorney has been retained by County in connection with the matter described in Exhibit A. Attorney represents that he or she is competent and available to handle that matter. In the event that additional matters are assigned by County to Attorney, this agreement shall apply to those matters as well, unless a separate Agreement is required by the County. 3.1. Review of ethical obligations before initiating representation: Attorney has conducted a thorough investigation and determined that neither Attorney nor his or her firm has any ethical impediment, real or potential, to representing County. To the extent that any ethical impediment, real or potential, is discovered or ever arises, Attorney shall immediately inform County in writing of the impedunent (regardless of whether Attorney believes he or she has taken all steps necessary to avoid the impediment and regardless of whether Attorney believes that the impediment is insubstantial or questionable), make full disclosure of the situation to County, obtain County's express, written consent to continue the representation of the other client, and take all steps requested by County to avoid or mitigate the impediment. Attorney understands that, if a direct or indirect conflict of interest arises which, in the opinion of the County, cannot be avoided or mitigated under the Rules of Professional Conduct of The Florida Bar, County may, in its discretion, (a) obtain reimbursement from Attorney for all fees and expenses paid to Attorney in this matter; (b) obtain cancellation of all amounts allegedly owed by County to Attorney; and (c) obtain reimbursement for consequential expenses incurred by County, including the cost of replacement counsel. 1 of 15 3 4 5 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 3.2. Limitations to scope of representation: Except where prohibited by the Rules of Professional Conduct of The Florida Bar, the Monroe County Attorney's Office will serve as co - counsel in all matters covered by this Agreement. As co -counsel, the Office attorney's will assist Attorney by performing tasks assigned by Attorney, including but not limited to serving as local counsel; securing the cooperation of County employee's, officers, and others in discovery and other matters; obtaining evidentiary materials from County files; assisting with discovery; attending hearings and depositions; filing pleadings; arranging for closed attorney -client sessions with the Board of County Commissioners; and performing other tasks as necessary and convenient for Attorney. Decisions as to tactical approaches to be utilized shall be the ultimate responsibility of the Attorney, and issues which rise to the level of a client decision shall be resolved by the Board of County Commissioners. Any further limitations or special conditions shall be as set forth in Exhibit A. 3.3. Term of Agreement and Representation- This Agreement and representation by Attorney is effective upon acceptance and approval by County in accordance with County's policies, ordinances, or governing statutes. The representation shall continue until terminated by either the County, or by the Attorney in accordance with ethical requirements. 3.4. County expectations and goals: The County expects the Attorney to seek the best resolution for the County at the lowest reasonable cost to the Taxpayers. At the earliest reasonable point during the representation, the Attorney shall report to the County, via the County Attorney, any reasonable potential for settlement, including related settlement costs and expenses, the estimated chances of the County prevailing on the merits, and the potential financial exposure should the County not prevail on the merits. Any other expectations and goals shall be as set forth in Exhibit A. 4. Attorney Fee (Hourly): Attorney will be paid for his or her services based on the number of hours expended on behalf of County (rounded to the nearest tenth hour for each time entry), not to include time billable to or compensated by other clients, multiplied by the Attorney's hourly rate as set forth in Exhibit A. The following minimum billing documentation and time -keeper requirements are a condition precedent to payment by the County. 4.1. Non -billable time: Attorney will bill County only for time reasonably and necessarily incurred to render professional services on County's behalf in accordance with this Agreement, Time attributable to billing questions is not billable. Time expended by time -keepers who have not been approved by County as indicated on Exhibit A is also not billable. 4.2. Changes to hourly rates: Attorney will charge no more than the hourly rate quoted in Exhibit A throughout the duration of the matter, unless otherwise agreed in writing signed by County. 4.3. Discounts to other Clients: The rates Attorney will charge County represent the lowest rates charged by the same time -keepers to other clients. In the event that lower rates or discounts are provided to other clients, Attorney and approved time -keepers will also provide them on the same basis to County. 2 of 15 1 2 3 4 5 6 7 S 9 lfl ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 4.4. Additional time -keepers: Additional time -keepers may not be added to the matter without advance written approval from County. In the event that additional time -keepers providing services which are to be billed to the County are to be added to the staff, then their hourly rates shall he provided to County in advance, and, upon written approval by the County, their rates and billing practices shall comply with the requirements of this Agreement. Additional time -keepers approved by the County are listed in Exhibit A to this Agreement, and this Exhibit A may be amended from time to time, upon mutual agreement of the County and the Attorney, to evidence the then -current circumstances. 4.5. Existing work product: To the extent the Attorney [Hakes use of existing work product, e.g_, in the form of research previously performed for another County, then Attorney may hill only that time expended in using that work product for County. In other words, no premium, markup, or other adjustment maybe made to bill County for time spent on work already performed. 4.6. Travel: Travel restrictions, including restrictions on billing time during travel, are set forth below. S. Billing of Fees and Expenses: Attorney shall comply with the following requirements as to billing fees and expenses as a condition precedent to County's obligation to pay each bill: 5.1. Monthly bills: Unless otherwise agreed in a writing signed by the County, bills shall be issued monthly by Attorney within 15 days after the close of each month. Attorney understands that County requires prompt bills in part to facilitate effective management of the representation and fees. 5.2. Sill format: Attorney shall provide detailed, itemized bills which shall, at a minimum: 5.2.1 Description. Provide a general description of the matter, to include the name of the County department or constitutional officer, if not indicated in the title of the matter, for which legal services are being performed (e.g. Richard Roe v. Monroe County —EEO Claim). 5.2.2 Personnel Clearly identify each person performing services (i.e., time- keepers) in conjunction with each entry. 5.2.3 Other personnel. Clearly identify all persons who are not full-time lawyers employed by the Attorney's firm (including subcontractors, independent contractors; temporary employees, and outsourcing providers). 5.2.4 Time Records. Record the time expended by each time -keeper separately. In those situations where the minimum billing increment exceeds the actual time spent on a task and several of these "minor" tasks are performed, it is expected that the services will be aggregated until the total actual time spent meets the minimum billing increment. 3 of 15 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 5.2.5 Totals and By Task. State the amount of time expended by each time -keeper daily (and, within each day, broken down by task where more than one project or task was worked upon within the same day). 5.2.6 Task Description. Describe within each itemized daily task entry, insufficient detail to readily allow the County to determine the necessity for and reasonableness of the time expended, the services performed, the project or task each service relates to, the subject and purpose of each service, and the names of others who were present or communicated wit in the course of perfonning the service. Included should be a reasonably specific delineation of services sufficiently itemized to allocate time within a matter to such categories of effort as Legal Research, Fact Gathering, Internal Conferences, Communications with Client, Particular Document Drafting, Court Appearance, Deposition Attendance, and so forth. 5.2.7 Summary of Rates. In a summary at the beginning or end of the bill, provide the current hourly rate for each time -keeper, the total time billed by each time -keeper in that bill, the product of the total time and hourly rate for each time -keeper, the total fees charged, and a reconciliation between the amount charged and any applicable estimated or budgeted amount, by task. In addition, each monthly statement should show the aggregate billing for that matter from the commencement of the matter through the currently -billed month. 5.2.8 Digital/Electronic Copy. County is currently using Time Matters and Time Billing software in the County Attorney's office, and prefers that an electronic reporting software which can be incorporated into the County's software data base for tracking and reporting purposes be used by Attorney. Attorney should discuss the capabilities of Attorney's billing system with County before rendering the first bill. County should receive a digital electronic/computerized version of each bill, together with a paper copy, to facilitate bill review. 5.3. Expenses: County will pay the actual, reasonable cost of the following expense items if incurred in accordance with the guidelines below and promptly itemized in Attorney's monthly bill: 5.31 Reimbursable expenses: Actual cost for necessary long distance telephone tails, telecopying at $.25 per outgoing page, overnight or expedited delivery, couriers, photocopying at &.15 per page, postage, court fees, and other expenses approved in advance by County or as listed below: 5.3.1.1. Expedited or emergency services: Attorney is expected to avoid using expedited or emergency services, such as express delivery services, couriers, telecopying, overtime, and so on, unless necessary because of unexpected developments or extremely short deadlines. County may refuse to pay for any such expenses when incurred routinely or because of Attorney's failure to manage the matter efficiently. 5.3.1.2. Computerized research. Attorney is expected to use computerized research services cost-effectively to reduce time spent on research, for example, while closely -monitoring computerized research to insure that the charges are reasonable and 4 of 15 3 4 5 10 11 I2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 necessary. Attorney is expected to pass through to County any discounts or other arrangements that reduce the cost of computerized services. 5.3.1.3. Photocopying: Attorney is encouraged to use outside copying services to reduce the cost of Iarge-volume copying, provided that these expenses are efficient, cost-effective, and incurred and billed in accordance with this Agreement. Attorney is responsible for insuring that all copying complies with copyright obligations. 5.3.1.4. Transcripts: Transcripts should not be ordered without prior approval from County. Transcripts should not be ordered on an expedited basis unless necessary and approved in, advance by County. Attorney should obtain digital electronic/computerized copies of transcripts when available at a reasonable cost to avoid charging for time spent digesting or indexing transcripts, and to allow County to maintain a digital electronic/computerized database of all transcripts. 5.3.1.5 Travel Expenses: Travel expenses within the Attomey's local or metropolitan area will not be reimbursed if the time spent in transit is billed. Travel expenses outside the metropolitan area may only be reimbursed if the travel was approved in advance by County. Reimbursable travel expenses, if approved in advance, are the cost of transportation by the least expensive practicable means (e.g.,' coach class air travel), the cost of reasonable hotel accommodations, and the cost of transportation while out of town (e.g., by cab or rental car, whichever seems reasonable, at the lowest available rate). Travel expenses will be reimbursed in accordance with the applicable provisions for "approved travelers" of the Monroe County Code, will be summarized on the Monroe County Travel Force with all applicable receipts attached thereto. 5.3.1.6 Travel Time. Time spent in transit, locally or otherwise, may be billed only if (a) Attorney or time -keeper is unable to avoid traveling by using other forms of communication and (b) Attorney or time -keeper is unable to bill time in transit to other clients. Travel by more than one tune -keeper at the same time to the same destination is not allowed without prior approval from County. Approved travel time during time -keeper's normal business hours will be billed at the hourly rate listed for the time -keeper on Exhibit A, Approved travel time outside of time -keeper's normal business hour's will be billed at one-half the hourly rate listed for the time- keeper on Exhibit A. 5.3.2. Non -reimbursable expenses: The following expenses will in no event be reimbursable, unless specifically agreed to in advance in a writing signed by County: 5.3.2.1. personal and Office Costs. Meals for time -beepers, overtime, word processing or computer charges, personal expenses, expenses that benefitted other clients, expenses for books, costs of temporary employees, periodicals or other library materials, internal filing or other document handling charges, clerical expenses, stationery and other supply expenses, utilities, and any other expense that is either unreasonable or unnecessary. (The fact that the firm charges other clients or that other firms charge their clients for an expense does not make it reasonable or necessary.) 5 of 15 1 2 5.3.2.2. Experts, consultants, support services, outsourced 3 services, Etc. Attorney is not authorized to retain experts, additional counsel, consultants, support 4 services, or the like, or to out source or delegate work outside Attorney's law firth, without prior 5 written approval by County. Attorney will be responsible for selecting and managing the services 6 of others so that their services and expenses will be rendered in accordance with the terms of tlus 7 Agreement, including terms applicable to Attorney. Attorney will manage others to obtain cost- 8 effective services for County. Unless otherwise agreed in writing, Attorney shall obtain a written 9 retainer agreement, in a form which may be specified by County, from each service provider, with 10 bills from each provider being sent to both Attorney (for management purposes) and County (for 11 review and payment). 12 13 5.3.2.3. Expenses not passed through at actual cost. County will 14 not pay any markup for expenses. County will only reimburse the Attorney for their actual approved 15 out-of-pocket costs and expenses, whether incurred personally by an approved terse -keeper or 16 incurred by other approved personnel (such as experts, consultants, support services personnel, or 17 outsourced services personnel). 18 l9 5.3.2.4. Overhead not charged to County. County will not pay for 20 any "expense" items that are in fact part of Attorney's overhead which should be included within 21 Attorney's fee. 22 23 5.3.3. Advance approval of expenses. In addition to the items noted above, 24 Attorney shall obtain advance approval from County before incurring any expense in excess of $ 25 1,000.00 if Attorney expects to be reimbursed for that expense. County may refuse to pay any 26 expense for which advance approval was not obtained by Attorney. 27 28 5.3.4. Copies of receipts for expenses. Attorney shall include copies ofreceipts for 29 all expenses with the itemized monthly bill. County may refuse to pay any expense item, for which 30 documentation is not provided by Attorney. 31 32 5.3.5. Expenses (anti fees) after termination. Upon teradaation of the 33 representation, Attorney shall promptly bill County for any remaining reimbursable expenses and 34 fees. County may refuse to pay any fees or expenses not billed within 45 days of termination of the 35 representation. Attorney is also expected to cooperate promptly with all aspects of termination and, 36 if applicable, transition to other counsel. Payment for fees and expenses is contingent upon prompt, 37 full cooperation. 38 39 5A. Bill and expense documentation. Attorney understands that Attorney trust have 40 documentation to support all aspects of each bill, including fees and expenses, and must maintain 41 that documentation until at least one year after the termination of the representation. This 42 documentation shall be made available by Attorney to County (or County's designated 43 representative, including an accountant, the County Clerk or County Clerk's representative, or legal 44 bill auditor) upon County's written request. Attorney agrees to cooperate with any examination of 45 this documentation and Attorney's fees and expenses, e.g., by responding promptly and completely 6 of 15 4 5 6 7 8 9 10 11 12 13 14 15 16 17 I$ I9 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 to any questions County or its designated representative may have. Attorney shall notify County iiL writing at least 60 days in advance of destroying any such records and, in the event that County requests that they be preserved, shall preserve them at least one additional year or, at the option of the County, delivered to the County for storage by the County, with County responsible for paying the actual cost of storage. This documentation shall include, for example, original time records, expense receipts, and documentation supporting the amount charged by Attorney for expense items generated by the Attorney or his or her firm. County reserves the right not to pay any fee or expense item for which sufficient documentation is not available to determine whether the item was necessary and reasonable. Upon prior written Agreement by the County, Attorney may provide the documentation in digital electronic form in Adobe Portable Document Format (PDF) or in Alchemy format in lieu of the manual preservation requirements detailed above. 6. Payment terms: Attorney's request for payments and reimbursements may be made in either the Attorney's name or the name of the Attorney's law firm, as appropriate. Attorney bills complying with this Agreement are due and payable upon receipt_ If the bill materially fails to comply with the requirements of this Agreement, then it is not due and payable until its deficiencies are remedied by Attorney. County is entitled to a 1 % prompt payment discount if a bill is paid within 15 days of receipt by County or correction of deficiencies by Attorney, whichever is later, (or if the bill is satisfied by funds held by Attorney, e.g., in a trust account). County shall not be liable for interest or other late charges unless specifically agreed to in advance in a writing signed by County. 7. Budgets. Attorney will, within thirty (30) days after the effective date of this Agreement, prepare an estimate or budget of the likely costs, by task, of this matter, including fees and expenses, and a plan for handling the matter. Attorney will update the budget and plan at least once every three months. In the event that Attorney obtains information indicating that the budget (or any line item) may be exceeded by more than five percent, he or she will notify County of that immediately. In a written statement accompanying each bill, preferably in tabular form. Attorney will reconcile the budget with each month's bill, e.g., by explaining whether the billed amounts, by task, are more or less than the amounts budgeted therefore. County shall have the right not to pay any amounts that are over budget or not included within the budget. S. Staffing and matter management. Attorney has been retained specifically because Attorney, personally, is understood by County to be able to handle this matter, Employment of additional individuals, whether attorneys, paralegals, or others, who will bill time to County is not permitted without the advance written approval of County. 8.1, Time -keeper changes. Changes in time -keepers, e.g., replacement of an attorney as well as increases or decreases in the number of the time -keepers working on the subject -matter of this Agreement, must have the advance written approval of County. County expects to receive discounts or other concessions so that any increases or changes in time -keepers will not result in unnecessary or unreasonable charges to County, e.g., for training, internal conferences, and management. 7 of 15 1 2 3 4 5 6 7 8 9 1Q 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 8.2. Duplication of effort. Unless advance County approval is obtained, Attorney will not have more than one time -keeper bill for court appearances, attendance at depositions and meeting, including meetings with County representatives, and internal conferences. In the event that more than one person attends, only the tithe of the person with the lowest rate will be billable. Attorney is not permitted to use this matter to provide on the job training for a time -keeper, and bill for that time -keeper's services, without County's advance approval. 8.3. Matter management. Attorney is responsible for managing the matter cost- effectively and competently, e.g., by insuring that additional time -keepers are competent, properly supervised, efficient, and in compliance with the terms of this Agreement as well as with ethical obligations. 8.4. Communications. County will expect that all communications between Attorney and County will be reviewed by Attorney and that Attorney will serve as the point of contact for this .matter, including billing questions. The point of contact for this matter at County is the County Attorney or the individual specifically identified in Exhibit A. 8.5. Case monitoring. County will be advised promptly by Attorney of all significant facts and developments in the matter so that County may mange the matter effectively and made informed decisions about strategy, tactics, settlement, scheduling, costs, and other related matters. County will promptly receive from Attorney copies of all orders, opinions, pleadings, briefs, memoranda (internal and external), correspondence, and any other document material to the subject matter of this Agreement, such that the County will have a current, up-to-date, "mirror" copy of the County's file maintained by Attorney. For discovery materials or exhibits that are lengthy, Attorney should discuss them with County before providing a copy. Documents available in digital electronic/computerized form should be provided in that form in lieu of paper copies. Additionally, Attorney may be required to submit, on a monthly basis, a case status and progress report to be submitted to the Board of County Commissioners. The fomnat of the report snail be in the form required by the County Attorney, 8.6. Case control. Attorney shall discuss all significant issues of strategy and tactics, including motions, discovery, pleadings, briefs, trial preparation, experts, and settlement, with Countybefore implementation. Attorney is expected to exercise independent professional judgment, but to implement the decisions of County as expressed to the County by the County Attorney. 8.7. Attorney cooperation. Attorney will cooperate with County or County's representatives to promptly provide all information County requests or needs about the subject matter of this Agreement and Attorney's bills. 8.8. County cooperation. Attorney should consult with County about all opportunities for County to save money or make use of County's expertise to assist in, e.g., responding to discovery, preparing for trial, locating experts, and the like. County may also have personnel and facilities available to reduce the expenses related to the subject matter of this Agreement. 8 of 15 1 2 3 4 5 6 '1 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 8.9. Temporary staff, delegation, outsourcing. Attorney will not bill County for the time and expanses of temporary employees, including so-called "Temps" or contract attorneys or other staff from outside companies, nor "outsource" or delegate work, nor charge for summer associates, law clerks, or student clerks, (collectively "temporary stall' even if not temporarily employed) without full advance disclosure of the employee's temporary or short-term status to County, including disclosure of the actual amount paid or to be paid to the individual. Unless County expressly agrees in writing to paying additional amounts after full disclosure by Attorney, Attorney may not charge County more than the actual cost paid by attorney. 9. Confidentiality and public relations: Attorney is not authorized to waive or release any privilege or other protection of information — confidential, secret, or otherwise — obtained from or on behalf of County. Attorney is to keep all confidential, privileged, or secret information confidential. This requirement is perpetual, i.e., it will continue even after the termination of the relationship and this Agreement. This requirement is also intended to prohibit Attorney from using information obtained from or on behalf of County, including work product prepared at County's expense, for other client's ofAttorney or his or her firm, without County's advance written approval. Attorney is not authorized to identify County as a County, e.g., for purposes of marketing or advertising, without County's prior approval. Upon termination, of the representation, Attorney agrees to return promptly all information obtained from or on behalf of County to County. Attorney is not authorized to communicate with the public, including the press, about County or this matter without the advance approval of County. 10. Ownership of Attorney files and work product: Attorney understands that all files and work product prepared by Attorney or his or her firm at the expense of County (or for which County is otherwise billed) is the property of County. Without County's prior written approval, this work product may not be used by Attorney or his or her firm nor disclosed by Attorney or his or her firm to others, except in the normal course of Attorney's representation of County in this matter. Attorney agrees that County owns all rights, including copyrights, to materials prepared by County or by Attorney on behalf of County. Attorney shall notify County in writing at least 60 days in advance ofdestroying any such records and, in the event that County requests that theybe preserved, shall preserve them, at least one additional year (with County responsible for paying the actual cost of storage). Attorney shall provide County with prompt access to (including the ability to make copies oft all attorney files and work product, regardless of whether the representation or matter is ongoing and whether attorney fees and expenses have been paid in full. 11. Dispute resolution: Attorney and County agree that all disputes regarding Attorney's fees or expenses are to be resolved pursuant to the procedures and practices for mediation by the Attorney Consumer Assistance Program of the Florida Bar. 12. Governing law, modification of this Agreement, entire agreement: This Agreement is to be interpreted in accordance with the laws of Florida and with the ethical requirements of that jurisdiction. The Agreement may not be modified in any way without the express, written agreement of both parties. This represents the entire agreement of the parties. 13. Monroe County Code Ethics provisions: This provision is found in Section 18.8 below. 9 of 15 1 14. Time Keeper Defined: As used in this Agreement, the term "tithe keeper" shall include 2 Attorney and other attorneys and individuals identified in Exhibit A who will be providing services 3 under this Agreement and who will bill the County for their services in accordance with this 4 Agreement. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 15. Methods of Approval and Consent By County: Any consents or approvals required by this Agreement to be made by the County shall, unless the context expressly states otherwise, be made by the County Attorney or an authorized Assistant County Attorney in written form, to include but not limited to hand-written, typed, or printed notes, electronic mail, letters, or facsimile transmissions. 16. Florida Government -in -the -Sunshine Law: Attorney agrees that, unless specifically exempted or excepted by Florida law, the provisions of Chapter 120, Florida Statutes, generally require full and public discussion of matters to be voted upon by the Board of County Commissioners. Attorney agrees to consult with the County Attorney's office concerning the application of the Sunshine law from time to time concerning specific circumstances that may arise during the term of this Agreement, 17. Florida Public Records Law: Attorney agrees that, unless specifically exempted or excepted by Florida law or Rules and Regulations of The Florida Bar, the provisions o f Chapter 119, Florida Statutes, generally require public access to all records and documents which may be made or received under this Agreement. Attomey agrees to consult with the County Attorney's office concerning the application of the Public Records Law from time to time concerning specific circumstances that may arise during the term of this Agreement. 18. County's Standard Contract Terms: 18.1 No Assignments. Without the prior written consent from the County, Attorney shall not assign or transfer this Agreement. 18.2 Entire Agreement. The entire agreement between the County and Attorney with respect to the subject matter hereof is contained in this Agreement. This Agreement supersedes all prior oral and written proposals and communications between the County and Attorney related to this Agreement. No provision of this Agreement shall be deemed waived, amended or modified by either party unless such waiver, amendment or modification is in writing and signed by the party against whom the waiver, amendment or modification is claimed. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their permitted successors and assigns. 18.3 Severability. If a term, covenant, condition or provision of this Agreement shall be declared invalid or unentbrceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provision of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Attorney agree to reform the Agreement to 10 of 15 I replace any stricken provision with a valid provision that comes as close as possible to the intent of 2 the stricken provision. 3 18.4 Captions. The caption set forth herein are for convenience of reference only and shall 4 not define, modify, or limit any of the terms hereof. 5 6 18.5 Governing Law and Venue. This Agreement shall be governed by and construed in 7 accordance with the laws of the State of Florida applicable to contracts made and to be performed 8 entirely in the State. Venue for any legal action which may arise out of or under this agreement shall 9 be in Monroe County, Florida. 10 11 18.5.1 Conflicts in interpretation. The County and Attorney agree that, in the 12 event of conflicting interpretations of the terms or a term of this Agreement by or between there, the 13 final interpretation by the County shall apply. 14 15 18.5.2 Adjudication of Disputes and Disagreements. The County and Attorney 16 agree that all disputes and disagreements between them shall be attempted to be resolved by a meet 17 and confer session between representatives of the County and Attorney. If the issue or issues are 18 still not resolved to the satisfaction of both within 30 days after the meet and confer session, then 19 either shall have the right to seek such relief as may be provided by this Agreement or by Florida 20 law. 21 22 18.5.3 Cooperation. In the event any administrative or legal proceeding is instituted 23 against either the County or Attorney relating to the formation, execution, perfonnancc, or breach 24 of this Agreement, the County and Attorney each agree to participate, to the extent required by the 25 other, in all proceedings, hearings, processes, meetings, and other activities related to the substance 26 of this Agreement. The County and Attorney each agree that neither shall be required to enter into 27 any arbitration proceedings related to this Agreement or any Attachment or Addendum to this 28 Agreement. 29 30 18.5.4 Legal Obligations and Responsibilities; Non -delegation of Constitutional 31 or Statutory Duties. This Agreement is not intended to relieve, nor shall it be construed as 32 relieving, either the County or Attorney from any obligation or responsibility imposed upon each 33 by law except to the extent of actual and timely performance thereof by the other, in which case the 34 performance may be offered in satisfaction of the obligation or responsibility. Further this 35 Agreement is not intended to authorize, nor shall it be construed as authorizing, the delegation of 36 the constitutional or statutory duties of the County, except to the extent permitted by the Florida 37 Constitution, state statutes, case law, and, specifically, the provisions of Chapter 125, Florida 38 Statutes. 39 40 18.6 Attorney's Fees and Costs. In the event any administrative proceeding or cause of 41 action is initiated or defended by the County or Attorney relative to the enforcement or interpretation 42 of this Agreement, the prevailing party shall be entitled to an award of reasonable attorney's fees, 43 court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, 44 and shall include reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses 45 in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement 11 of 15 4 5 6 7 8 9 10 t1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 or as may be required by a court of competent jurisdiction shall be conducted in accordance with the Florida. Rules of Civil Procedure and usual and customary procedures .required by the circuit court of Monroe County. 18.7 Records. Attorney shall maintain all books, records, and documents directly pertinent to performance under this Agreement, including the documents referred to in Sections 5.4 and 10 of this Agreement, in accordance with generally accepted accounting principles, consistently applied. Upon ten (10) business days written notice to the other, representatives of either the County or Attorney shall have access, at all reasonable times, to all the other parry's books, records, correspondence, instructions, receipts, vouchers and memoranda (excluding computer software) pertaining to work under this Agreement for the purpose of conducting a complete independent fiscal audit. Attorney shall retain all records required to be kept under this Agreement for a minimum of five years, and for at least four years after the termination of this agreement. Attorney shall keep such records as are necessary to document the performance of the agreement and expenses as incurred, and give access to these records at the request of the County, the State of Florida or authorized agents and representatives of said government bodies. It is the responsibility of Attorney to maintain appropriate records to insure a proper accounting of all collections and remittances. Attorney shall be responsible for repayment of any and all audit exceptions which are identified by the Auditor General for the State of Florida, the Clerk of Court for Monroe County, the Board of County Commissioners for Monroe County, or their agents and representatives. 18.7.1 Public Access. The County and Attorney shall allow and permit reasonable access to and inspection of, all documents, papers, letters, or other materials subject to the Florida Public Records Law, as provided in Chapter 119, Florida Statutes, and made or received by the them, unless specifically exempted by State Statute, Rules and Regulations of The Florida Bar, or case law. County shall have the right to cancel this agreement upon violation of this provision by Attorney. 18.8 Monroe County Code Ethics Provision. Attorney warrants that he has not employed, retained or otherwise had act on his behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, at its discretion, terminate this Agreement without liability and may also, at its discretion, deduct from the sums owed under the Agreement, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former or present County officer or employee. County employees and -officers are required to comply with the standards of conduct delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts, doing business with one's agency, unauthorized compensation, misuse of public position, conflicting employment or contractual relationship, and disclosure of certain information_ 118.9 Authority. Attorney warrants that he and the authorized time keepers are authorized by law and the Rules and Regulations of The Florida Bar to engage in the performance of the activities encompassed by this Agreement. 1f Attorney is a member of a law firm, either as partner, shareholder, associate, or other relationship, Attorney warrants that he is authorized to enter into this Agreement by Attorney's law firm. 12 of 15 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 18.10 Public Entity Crime Statement. Florida law provides that person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on an agreement to provide any goods or services to a public entity, may not submit a bid on a agreement with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub -contractor, or consultant under a agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Attorney warrants the neither Attorney nor any authorized time keeper has been named to the convicted vendor Est. 18.11 Anti-ldekback. Attorney warrants that no person has been employed or retained to solicit or secure this Agreement upon any contract or understanding for a conurdssion, percentage, brokerage or contingent fee, and that no employee or officer of the County has any interest, financially or otherwise, in this Agreement, except as expressly stated herein. For breach or violation of this warranty, the County shall have the right to annul this agreement without liability or, in its discretion, to deduct any sums to be paid by County under this Agreement, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. 18.12 Modifications and Amendments. Any and all modifications of the terms of this agreement shall only be amended in writing and executed by the Board of County Commissioners for Monroe County and by Attorney_ 18.13 Independent Contractor. At all times and for all purposes hereunder, Attorney is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this Agreement shall be construed so as to find Attorney or any of the authorized time keepers, to be the employees of the Board of County Commissioners of Monroe County, and they shall be entitled to none of the rights, privileges or benefits of employees of Monroe County. 18.14 Compliance with Law. In carrying out Attorney's obligations under this agreement, Attorney shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provisions of this Agreement, including those now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules or regulations shall constitute a material breach of this Agreement and shall entitle the County to terminate this Agreement immediately upon delivery of written notice of termination to Attorney. 18.15 Licensing and Permits. Attorney warrants that Attorney shall have, prior to commencement of work under this agreement and at all times during said work, all required licenses and permits whether federal, state, County or City. 18.16 Non -Discrimination. Attorney shall not discriminate, in its employment practices and in providing services hereunder, on the basis of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status, or age, and shall 13 of 15 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 abide by all federal and state laws regarding non-discrimination. Upon a determination by a court of competent jurisdiction that such discrimination has occurred, this Agreement automatically tenninates without any further action by the County, effective the date of the court order. Attorney is aware of the provisions of Section 13-101. through 13-106, Monroe County Code, relating to non- discrimination, and agrees to abide by the Code's non-discrimination requirements. 18.17 Claims for State or Federal Aid. The County and Attorney agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement, provided that all applications, requests, grant proposals, and funding solicitations by Attorney shall be approved by the County prior to submission. 18.18 Non -Reliance by Non -Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and Attorney agree that neither the County nor Attorney or any officer, agent, or employee of each shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated under this Agreement. 18.19 Attestations. Attorney agrees to execute such documents as the County may reasonable require, including a Drug -Free Workplace Staterent, and a Public Entity Crime Statement. 18.20 Signatures of Parties Required. This Agreement shall not be effective until executed by both County and Attorney and received in final executed form by an authorized representative of County. 18.21 County Authority. This Agreement has been at a duty noticed and legally held public meeting conducted in Monroe County, Florida. 18.22 No Personal Liability. No covenant or obligation contained in this Agreement shall be deemed to be a covenant or obligation of any member, officer, agent or employee of the Board Of County Commissioners of Monroe County in his or her individual capacity and no member, officer, agent or employee of the Board Of County Commissioners of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 18.23 Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and the County and Attorney may execute this Agreement by signing any such counterpart. 14 of 15 1 THIS AGREEMENT has been signed and executed by the Board of County Conunissioners 2 of sae County, Florida, and has been signed and executed by Attorney, on the dates indicated 3 ri;'- 4� 5 ,*�,k BOARD OF COUNTY COMMISSIONERS 6 �``'' ski �. 3l,� OF MONROE COU Y, FLORIDA 9 N's� V . 1E lL GE, CLERK MAYOR CHARLA S01Mf1 MCCOY 10 - 1l B Date: March 15, 2006 12 Deput Clerk 13 14 Date: March 15, 2006 15 16 Witnesses For Attorney: ATTORNEY_. 17 1$ 19 Signature Signature , 20 21 IRA L. LIBANOFF, ESQ. 22 .Printed Name Printed Name 23 24 /SCa 5. /''� Mc 51,nd ,�cr 25 Mailing Addres , 26 Signatures. t.—� 27 2$ 29 Printed Name �ctrn f� FZ- City/State/ZIP 30 CD cnjs TO TON !s, L J lv ' v TfpRHEY L^ LIJ Q.�_ t3 L-1 U- � 15 of 15 MONROE COUNTY, FLOREDA AGREEMENT KUMBER: STANDARD LEGAL SERVICES AGREEMENT CAY LIT 2005-06-02 (LITIGATION) EXHIBIT A Litigation Identification: Tropex Construction Services, Inc. v. Monroe County, 2006-CA-44-P Re: Tavernier Fire Station Renovation Project References: 3.2. Limitations to Scope of Representation: County Attorney's office shall serve as co -counsel. 3.4: County expectations and goals: Prompt, efficient, competent representation by Ira Libanoffas lead counsel. 4.: Attorney's Hourly Fee Rate: Ira Libanoff $250.00 per hour. Janet; Ritenbaugh $225.00 per hour, Lori Shapiro $200.00 per hour. 4.4: Approved Additional Time Keepers. ]paralegal $85.00 per hour. Name: Hourly Rate: 8.4: County Point of Contact: Robert B. Shillinger Assistant County Attorney P.O. Box 1026 Key Brest, FL 33041-1026 (305) 292-3470 (305) 292-3516 (fax) Shillinger-Hob@monroeeounty-fl.gov Attorney CountyJRopres tative Date: Z S m Date: S' ` r AGENDA ITEM SUMMARY Meeting Date: 3/21/07 - MAR Division: Coun1y Attorne Bulk Item: Yes xx No Staff Contact Person: Bob Shillinger AGENDA ITEM WORDING: Approval of payment to Greenberg Traurig, P.A. in the amount of $30,047.48 as payment for professional legal services on behalf of Monroe County in Florida Keys Citizens Coalition & Last Stand v. Monroe County and DCA. ITEM BACKGROUND: David L. Jordan, former general counsel for DCA for 22 years, joined the firm of Greenberg Traurig, P.A. On 9/20/06, the County entered into an Agreement with Greenberg Traurig, P.A. for professional legal services. On behalf of that firm, Mr. Jordan has been assisting the County Attorney's office in its preparation of the defense against the administrative challenge to the ordinances implementing the Tier system. PREVIOUS RELEVANT BOCC ACTION: 9/20/2006 BOCC approved contract with Greenberg Traurig, P.A. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval -fOTAL COST- $30,04T48 BUDGETED: Yes xx 14 COST TO COUNTY: $3i 1 4< < SOURCE OF FUNDS: REVENUE PRODUCING: Yes No xx AMOUNT PER. MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management Included xx Not Required Revised 8/06 Greenberg f`alaPl Monroe County Attorney Office P.O. Box 1026 Key West, Florida 33040 Attn: Robert Shillinger Re: Tier Map LDR Litigation Claim #: DOA062449GM Legal Services through January„3,1, 2007: Expenses: Photocopy Charges Travel and Lodging Out of town Invoice No. File No. Bill Date 1819680 094192.010200 February 13, 2007 Total Fees: $ C29,6D98OO 40.20 309.28 Total Expenses: $ 349.48 Current Invoice: $ 3v,i,47.48 Previous Balance (see attached statement): $ 7,57390 Total Amount Due: $ 37,621.38 DLJ:FLD Tax ID: 59-1270754 Greenberg Traurig, P.A. I Attorneys at Law 1 101 East College Avenue I Post Office Drawer 1838 E Tallahassee, Florida 32302 Tel 850.222.6891 j Fax 850.681.0207 1 www.gtlaw.com Greenberg Tra u H Invoice No.: 1819680 File No. : 094192.010200 Account Statement Date Invoice # Fees Due Expenses Due Other Due Total Due 09/15/06 1719014 9.00 0.00 0.00 9.00 10/05/06 1728509 871.00 0.00 0.00 871.00 11/13/06 I749878 33.00 0.00 0.00 33.00 12/Oti 06 1775507 3,197 00 1.00 0.00 3,198.00 01/10/07 1798041 3,441.00 21.90 0.00 3,462.90 Totals: $ 7,551.00 $ 22.90 $ 0.00 $ 7,57390 DLJ:FLD Tax ID: 59-1270754 Greenberg Traurig, P.A. I Attorneys at Law 1101 East College Avenue 1 Post Office Drawer -1838 1 Tallahassee, Florida 32302 Tel 850.222.6891 1 Fax 850.681,0207 1 www.gtiaw.com Invoice No.: 1819680 Re: Tier Map LDR Litigation Matter No: 094192,010200 Description of Professional Services Rendered: DATE TIMEKEEPER DESCRIPTION Page 1 HOURS AMOUNT 01/04/07 David L. Jordan Preparation for final hearing 2.00 620.00 01/05/07 David L. Jordan Preparation for final hearing 6.90 2139.00 01/08/07 David L. Jordan Preparation for final hearing; telephone calls with 1.50 465.00 R ShiIlinger and A Trivette re: USF&W maps 01/09/07 David L. Jordan Preparation for final hearing 190 589.00 01/10/07 David L. Jordan Conference call with R Shillinger, A Trivette, R 0.70 217.00 Shine and R Jetton re: preparation for final hearing 01/15/07 David L. Jordan Preparation for final hearing 1.90 589.00 01r16/07 David L. Jordan Telephone calls to R Shine & A Trivette re: 5.70 1767.00 USF&W maps; telephone call to R Grosso re: depo of Kruer; preparation of questions for M Conaway 01/17/07 Michelle Beal Review information concerning hearing going 0.10 16.50 forward and use of depositions, etc. 01/17/07 David L. Jordan Preparation for final hearing; telephone calls to R 4.30 1333.00 Grosso re: scheduling Kruer, deposition; telephone calls to T Cannon to arrange transmittal of USF&W GIS data to A Trivette 01/18/07 Michelle Beal Review pending hearing dates with D. Jordan and 0.20 33.00 strategy regarding additional preparations. 01/18/07 David L. Jordan Preparation for final hearing 3.80 1178.00 01119/07 David L. Jordan Telephone call to R Shillinger re: contract for M 8.60 2666.00 Conaway and scheduling preparation time with R Calvo and A Trivette; telephone call to R Calvo; preparation of questions and issues for witnesses 01/19/07 Noemi Romero Prepared email correspondence to counsel 0.10 12.50 attaching completed audit response letter for execution. 01/22/07 Michelle Beal Review previous drafts of LDR comparisons and 0.30 49.50 discuss with D. Jordan in anticipation of continued work on same; litigation support concerning ariditinn tQ (tTFv-r-,-hHre 01/22/07 David L. Jordan Telephone conference with M Conaway re: 690 2139.00 scheduling trial preparation; preparation of draft questions and issues for Conaway and Calvo; review maps; exchange en -tails with A Trivette re: review of USF&W GIS data 01/23/07 David L. Jordan Meet with M Conaway to prepare testimony; 10.20 3162.00 telephone calls to B Shillinger re: scheduling time with A Trivette and Kruer depo; prepare questions for Dr. Calvo 01/24/07 David L. Jordan Review questions for Dr. Calvo; telephone calls to 6.10 1891.00 Everglades Law Institute re: scheduling Kruer depo; travel to Tampa for Calvo testimony preparation 01/25/07 Michelle Beal Telephone call with D Jordan; emails to/from D. 0.40 66.00 Rainer re filing; prepare draft notice; review docket and discuss file update with secretary. 01/25107 David L. Jordan Meeting Dr Calvo to prepare testimony 4.60 1426.00 invoice No.: 1819680 Page 2 Re• Tier Map LDR Litigation Matter No.: 094192.010200 Descriotion of Professional Services Rendered 01/26/07 David L. Jordan Exchange telephone calls with R Shillinger re: 0.30 93.00 setting up telephone interview of Kruer; receipt and review of emails from Conaway and Calvo 01/29/07 Michelle Beal Develop strategy for trial materials being delivered 0.20 33.00 to Miami; discuss with H. Hatcher and D. Jordan, 01/29/07 Paralegal Clerk Meet with Michelle Beal and David Jordan to 0.50 37.50 discuss preparations for shipment of materials to Miami for hearing. Email to Miami Greenberg Traurig office regarding arrangements for courier service for transporting of boxes to hearing location. 01/2W07 David L. Jordan Conference call with R Shine; R Shillinger & A 10.70 3317.00 Trivette re: settlement negotiations between petitioners and DCA, and Monroe County's position; telephone conference with R Shine re: motion in limine; preparation of supplement to exhibit list; arrangements for transporting exhibits; travel to Marathon for trial preparation for A Trivette 01/30/07 David L. Jordan Meeting with A Trivette in Marathon for trial 9.40 2914.00 preparation; telephone interview with C Kruer regarding USF&W info 0I/31/07 David L. Jordan Review settlement proposal with R Shillinger and 9.50 2945.00 A Trivette; telephone call to R Shine re: Monroe staff response to settlement proposal; review preparation of trial exhibits with R Shillinger and A Trivette; refinement of trial questions for M Conaway Total Time: 96.80 Total Fees: $ 29,698.00 Invoice No.: 1919680 Page 3 Re: Tier Map LDR Litigation Matter No.: 094192.010200 DesGnption of Expenses Billed: DATE DESCRIPTION AMOUNT 01/19/07 Copy; 26 Page(s) by 035082 $ 390 01/19/07 Copy; 12 Page(s) by 035082 $ 1.80 01/24/07 VENDOR: Jordan, David L. INVOICE#: C051000501732070005 DATE: $ 290.08 1/30/2007 TYPE: Hotel - Non Meals; REASON: Client Billable-TAL- Env-Shareholder; DATE: 01/24/07 - Hotel charges. 01/24/07 VENDOR: Jordan, David L. INVOICE#: C051000501732070005 DATE: $ 19.20 1/30/2007 TYPE: Gas; REASON: Client Billable-TAL-Env-Shareholder; DATE: 01/24/07 - Gas charges while traveling in Tampa. 01/29/07 Copy; 9 Page(s) by 035082 $ 1.35 01/29/07 Copy; 221 Page(s) by 000004 $ 33.15 Total Expenses: S 349.48 Meeting Date: March 21, 2007 Bulk item: Yes X No Division: County Attorney Department: County Attorney AGENDA ITEM WORDING: Approval to advertise a public hearing for an ordinance amending Sec. 6-85 of the Monroe County Code relating to Terms of Office; Removal and Vacancies of members on the Contractors Examining Board. ITEM BACKGROUND: The Contractors Examining Board is totally comprised of volunteers. The members of the board include members from the community with no contracting background as well as contractors from the various disciplines of the contracting community. The current ordinance places term limits on the members of the board which is proving to be a disservice to the community. It is becoming increasingly difficult to find volunteers willing to devote the time and energy the Board demands. By amending the ordinance the Board will not be deprived of the services of an otherwise qualified member. PREVIOUS RELEVANT BOCC ACTION: Section 6-90 was last amended by the BOCC in 2003 by ordinance 038-2003 lqllp�111,1111 Jill STAFF RECOM+ NDATIONS: Approval to advertise. TOTAL, COST: N/A BUDGETED: Yes No COST TO COUNT': SOURCE OF FUNDS: Revised 2/27/01 ORDINANCE 31} , 0 WHEREAS, the Board of County Commissioners finds it necessary to regulate building construction practices to further the public health, safety, and welfare of the citizens of Monroe County; and WHEREAS, Florida Statutes Sec. 489.127(5) authorizes local governments to enforce codes and ordinances regulating contractors; and WHEREAS, Florida Statutes 489.127 authorizes local, governments to establish a Local Construction Regulation Board; and WHEREAS, existing law provides for term limits for members which has proven to deprive the Board of otherwise qualified candidates to serve as members; NOW, THERFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Section 6-85 of the Monroe County Code shall be amended as follows*: Sec. 6-85. 'Perms of office; removal, vacancies. (a) Each member, regular or alternate, shall be selected for a period of three (3) years. and shal be peF..,.,;++,tea +,. ,, +t, ,,, Afee (J', o, nsee„fi-v � Upon expiration of a member's term, any member, reg4lar or alternate, who has served in good standing and receives the recommendation of a quorum of the examining board, shall be -eligible for reappointment to the examining board. Nothing contained in this _section shall be construed to impose any limit on the number of terms consecutive or otherwise an individual member can serve. (b) Any member, regular or alternate, of the examining board may be removed from office by a majority vote of the 5 members of the board of county commissioners. (c) Any vacancy occurring during the unexpired term of office of any member, regular or alternate, of the examining board shall be filled by the board of county commissioners for the unexpired term thirty (30) days after such vacancy occurs. (d) Any regular member of the contractor's examining board who absents himself from any three (3) consecutive regular meetings of the contractor's examining board, unless excused from such attendance by consent of the board, expressed by action of record in its official minutes, or who is absent from a total of four (4) regular meetings of the board in any fiscal year without having been excused from such attendance by consent of the board expressed by action of record in its official minutes shall thereby automatically forfeit his position and office as a member of the contractor's examining board; and the name of such person shall be automatically removed from the membership of the board immediately after the adjournment of any such third consecutive meeting or any such fourth meeting in any fiscal year, as the case may be, at which such member has not appeared. The board shall thereupon promptly notify the member so removed, and the board of county commissioners for Monroe County shall thereupon appoint a new member to serve the remainder of the unexpired term for the member so removed. (Ord. No. 16-1975, § 6(C); Ord. No. 46-1988, § 2; Ord. No. 18-1991, § 1; Ord. No. 10- 1993, §§ 4--7; Ord. No. 038-2003, § 1) Section 2. Ordinance Codified. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 3. Effective Date. This ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this ordinance has been filed with said Office. * - Deleted language is shown with strikethrough's, new language is underlined. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the day of 12007. Mayor Mario DiGennarro Mayor Pro Tem Dixie Spehar Commissioner Charles "Sonny" McCoy Commissioner George Neugent Commissioner Sylvia Murphy Attest: DANNY L. KOLHAGE, Clerk By: Deputy Clerk Dated BOARD OF COUNTY COMISSIONERS OF MONROE COUNTY, FLORIDA ASSISTANT Rate Mayor Mario DiGennarro TTO RN EY AERCADo NTY ATTORNEY � 26 7 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: March 21, 2007 Bulk Item: Yes X No Division: County Attorney Department: County Attorney AGENDA ITEM WORDING: Approval to advertise a public hearing for an ordinance adding Sec. 2.1-6 of the Monroe County Code requiring warning signs to be posted at all points of sale, including bars and restaurants, about the dangers to unborn children of women who drink alcoholic beverages while pregnant. ITEM BACKGROUND: The Florida Keys Healthy Start Coalition addressed the Board on 9/20/2006 requesting enactment of an ordinance which would require bars and restaurants in the County to post signage about the risks of drinking alcohol for a pregnant woman's unborn child. PREVIOUS RELEVANT BOCC ACTION: 9/20/2006 Board directed staff to research and draft ordinance. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval to advertise. TOTAL COST: N/A COST TO COUNTY: BUDGETED: Yes SOURCE OF FUNDS: am REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing _ Risk Management DOCUMENTATION: Included X To Follow Not Required DISPOSITION: AGENDA ITEM # Revised 2/27/01 O1/05/07 DRAFT ORDINANCE NO. - 2007 AN ORDINANCE OF MONROE COUNTY, FLORIDA, AMENDING CHAPTER 2.1 ENTITLED "ALCOHOLIC BEVERAGES" ADDING SECTION 2.1-6; PROVIDING THAT WHEREVER ALCOHOLIC BEVERAGES ARE SOLD, WARNING SIGNS SHALL BE POSTED ABOUT THE DANGERS TO UNBORN CHILDREN OF WOMEN WHO DRINK ALCOHOLIC BEVERAGES WHILE PREGNANT; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR INCLUSION IN THE MONROE COUNTY CODE OF ORDINANCES; PROVIDING FOR FILING WITH THE SECRETARY OF STATE; PROVIDING FOR AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY: Section 1. Findings by the Board of County Commissioners. A. Drinking of alcoholic beverages by pregnant women is dangerous to their unborn children. B. Alcoholic beverages ingested during pregnancy may cause birth defects and fetal alcohol syndrome. Section 2. Sec. 2.1-6 is hereby added to read as follows: Sec. 2.1-6 Requirement for Warning Signs at Point of Sale of Alcoholic Beverages (a) Definitions. The following words and phrases, when used in this section, shall, for the purposes of this section, have the following meanings: (1) Alcoholic beverage. Any beverage which contains more than one-half of one percent of alcohol by weight as determined in accordance with Florida Statutes Section 561.01(4)(b), including alcohol, spirits, liquor, wine and beer or a combination of alcohol, spirits, liquor, wine and beer as defined in Florida Statutes Section 561.01(4)(a) with a nonalcoholic beverage, liquid or other ingredient. O1/05/07 DRAFT (2) Vendor means any person or entity who owns or operates a business establishment whether as a primary or accessory use, including but not limited to a bar, restaurant, tavern, pub, yacht or country club, hotel, motel or other lodging establishment which sells at retail any alcoholic beverage for on -premises consumption. Vendor also includes any person or entity who owns and operates a liquor store, or other business establishment, including but not limited to grocery stores, drugstores, convenience stores and gas stations, which has retail sale of alcoholic beverages. (b) Warning sign: All vendors of alcoholic beverages shall have posted in a conspicuous place in their premises a sign which is clearly visible and legible to all patrons entering the premises which shall read as follows: "HEALTH WARNING" DRINKING DISTILLED SPIRITS, BEER (INCLUDING NON- ALCOHOLIC), COOLERS, WINE AND OTHER ALCOHOLIC BEVERAGES DURING PREGNANCY MAY INCREASE THE RISK OF PERMANENT BIRTH DEFECTS. Alternatively, a sign provided by the Florida Keys Healthy Start Coalition may be used. (c) The above sign shall be a minimum size of eight and one-half (8 1/2) inches by eleven (11) inches. (d) Violation: A violation of this section may be prosecuted in the same manner as a second degree misdemeanor pursuant to F.S. section 125.60 or as a code violation under F.S. chapter 162 or through any other lawfully available method, including civil injunctive relief. Enforcement proceedings before the code enforcement Special Magistrate shall subject the violator to fines and penalties pursuant to chapter 6.3 of this Code. Criminal prosecution pursuant to section 125.60, Florida Statutes shall subject a person to fines not to exceed five hundred dollars ($500.00) or to imprisonment in the county jail not to exceed 60 days or to both such fine and imprisonment. Each day of a continuing violation shall constitute a separate offense subject to the penalties set forth herein. 01/05/07 F-91-AMM (e) Applicability: This section shall be applicable countywide. Notwithstanding this provision, all incorporated municipalities within the county may by resolution or ordinance of their governing body exempt vendors of alcoholic beverages within their municipal limits from the provisions of this section. Section 3. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 4. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 5. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto. Section 6. This ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this ordinance has been filed with said Office. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the day of , 2007. Mayor Mario DiGenarro Mayor Pro Tem Dixie Spehar Commissioner Charles "Sonny" McCoy Commissioner George Neugent Commissioner Sylvia Murphy (SEAL) Attest: DANNY L.KOLHAGE, Clerk LM Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA a Mayor MONROE COUNTY ATTORNEY APPRO D AS -TO FORM: SU AN M. GRIMSLEY ASSIST T COUNTY ATTORNEY Date 3 -G_o7 L. O 70 - U Al U cu L. CL 70 O co U O Jc O U O cn m CD L U O U U) U •O c L z� � CL cu X � W •0 0 LL N CD Meeting Date: 3/21/07 Division: County Attorney Bulk Item: Yes x No Staff Contact /Phone #: Bob ShillinRer 3470 AGENDA, ITEM WORDING: Authorization for County Attorney's office to execute letter dated February 23, 2007 clarifying past billing rates and setting billing rates for period beginning February 1, 2007 through January 31, 2008 with with Paul, Hasting, Janofsky & Walker for work performed on Emmert v. Monroe County, CA P 02-520; Collins v. Monroe County, CA M 04-379; and Galleon Bay v. Monroe County, CA K 02-595. ITEM ]BACKGROUND: Legal staff has been negotiating a reduction of outstanding bills owed to Paul, Hastings in the Galleon Bay matter. As a result of those negotiations, a new rate structure has been reached. Staff seeks approval of that rate structure and authorization to execute a letter clarifying same. PREVIOUS RELEVANT BGCC ACTION: Board approved retaining Paul, Hastings to represent County in the three referenced matters. STAFF C® ATI®NS: Approval. COST TO COUNTY: REVENUE PRODUCING: Yes No APPROVED BY: County Atty xx Included xx Revised 11106 BUDGETED: Yes xx No OMB/Purchasing Not Required Risk Management AGENDA ITEM # Pauftstings ATTORNEYS Atlanta (213) 683-6314 Beijing robertfreihch@paWhasdngs.com Brussels Chicago Hong sang February 23, 2007 London Los Angeles Nolan Maw York Robert Shllhnger, Esq. Orange county Assistant CountyAttorney Palo Alto Parts 502 Whitehead Street, 3rd Floor Rear Gan Diego Ke ides FL 33041-1026 y San Francisco Shanghai stamtord Re: Monroe County/Galleon Bay Tokyo Washington, DC Dear Bob: Nut, i s''lrgs, Jadotsty & Walker u.s7 515 SoA ftw SUM ^ 25 t door - Los Atigsles, CA i79- tolopltt 213 11-3;t CM o l€tt 0 213 6270765 n MV.Ptaia'ta UNIP.a€xiit 58551.00003 I am delighted that the Collins and Emmert matters were placed on the BOCC agenda. Please advise me as to the amount the BOCC authorized for payment so I can reconcile it to our records. With regard to Galleon Bay, I have reconciled all of the past invoices to comport with the agreed upon rate of Derek Howard of $265/hour. Out agreement retroactive to February 1, 2006 for the period February 1, 2006 to January 31, 2007 for Galleon Bay is as follows: For all work performed from November 1, 2005 to January 31, 2007, the .rates have been adjusted to show Derek at $265/hour (his agreed -upon reduced rate) and my rate of $635/hour and Elisa Pastees rate of $300/hour. As you know, Derek did most of the work. The $350/hour blended rate will not apply. I am attaching the balance sheet for that period. The amount due has been changed from $400,948.50 to $355,683.50. 2. For all work performed after February 1, 2007, the rates will be $315/hour for Derek as agreed to by the County (reduced from $365/hour) and $685/hour for me. There will be no blended rate. 3. We agree that Derek will perform at least 80% or .more of the Galleons Bay work, so the invoices will reflect that division for billing purposes. With regard to Collins and Emmert after February 1, 2007, the same rate structure will apply as in paragraph 2 above. Derek will perform at least 80% of the work on both cases and the invoices willreflect that division for billing purposes. The only exception to the 80% rule will be for my time for the three days of the Collins liability trial. in June where Derek's and my time will be split 50-50 for days actually spent in trial. I-FGA1. US W # 5568642ZI Paul Hastings Robert Shillinger, Esq. February 23, 2007 Page 2 This Agreement will be applicable to January 31, 2008. A new rate structure will be negotiated for Fiscal Year 2008 commencing February 1, 2008. All invoices will actually be paid within 60 days of their receipt by the County. If this Agreement is acceptable to the County, please execute the Agreement below and return one fully executed duplicate original Agreement to me by mail and pdE/fax, retaining one for the County's files. Derek and I look forward to continuing working with YOU. Qobert H. Freilich for PAUL, HASTINGS, JANOFSKY & WALKER LLP RHF:df Enclosure Agreed to by: Monroe County, Florida Robert B. Sbiillinger, Jr. Assistant County Attorney Agreed to by: Paul Hastings Janofsky & Walker t bert H. Fre 'ch, Esq. LECA7 _US W # 55686422.1 ass91 Meeting Date: 3/21/07 Division: County Attorney Bulk Item: Yes xx No Staff Contact /Phone #: Bob Shillinger 3470 AGENDA ITEM WORDING: Approval of payment of invoices from Paul, Hasting, Janofsky & Walker totaling $355,683.50 for work performed on Galleon Bay v. Monroe County, CA K 02-595. ITEM BACKGROUND: Paul, Hastings took over representation of the County in the Galleon Bay case in 2005. The invoices to be paid are for work performed in 2006 and 2007. The total amount represents a negotiated reduction of approximately $45,000.00. PREVIOUS RELEVANT BOCC ACTION: Board approved contract with firm on rune 15, 2005. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL. COST: $355,683.50 BUDGETED: Yes xx No COST TO COUNTY: 355 683.50 SOURCE OFF S: ad valorem REVENUE PRODUCING: Yes No AMOUNT PER MONTH YEAR APPROVED BY: County Atty xx OMB/Purchasing Risk Management DOCUMENTATION: Included xx Not Required .AGENDA ITEM # Revised 11/06 P2�aUI Vide-t-in s . i:d3 l-E—Is Atlanta (213) 683-6314 Beijing $wrU55ei5 robcrtfteilich@paWhastings.com chimp Hon© Kano February 23, 2007 London Los Angles Milan Now York Maert 8htlltnger, Esq. OrangeCounty County Coup Attorney Palo Al Parls 502 Whitehead Street, 3rd Floor Rear San ra go Key � Wes FL 33041-1026 San Francrseo Shanghai stamtord Re; Monroe County/G4eon Bay Tokyo Mahingion, DC Dear Bob: 515 Sinlh F€v Stml a 214 Fim o Lgas At agsj3a CA. &1 .22 ? 143Izop€r in 2'€3 G21 65G a fa_ ?ii-5 its; 213 GN C0716 a I'i���. �ti�sseW dig �� d= iai 58551.00003 I am delighted that the Collins and En=ert matters were placed on the BOCC agenda. Please advise the as to the amount the BOCC authorized for payment so I can reconcile it to our records. With regard to Galleon Bay, I have reconciled all of the past invoices to comport with the agreed upon rate of Derek Toward of $265/hour. Our agreement retroactive to February 1, 2006 for the period February 1, 2006 to January 31, 2007 for Galleon Bay is as follows: For all worts performed from November 1, 2005 to January 31, 2007, the rates have been adjusted to show Derek at $265/hour (his agreed -upon reduced rate) and my rate of 635/hour and E1isa Paster's rate of 300/hour. As you know, Derek did most of the worts. The $350/hour blended rate will not apply. I am attaching the balance sheet fox that period. The amount due has been changed from $400,948.50 to $355,683.50. 2. For all work performed after February 1, 2007, the rates will be $315/hour: for Derek as agreed to by the County (reduced from $365/hour) and $685/hour for me. There will be no blended rate. 3. We agree that Derek will perform at least 8O% or more of the Galleon Bay work, so the invoices will reflect that division for billing purposes. With regard to Collins and Emmert after February 1, 2007, the same rate struct=c will apply as in paragraph 2 above. Derek will perform at least 80% of the work on both cases and the invoices will reflect that division for billing purposes. The only exception to the 80% .rLde will be for my time for the three days of the Collins liability trial in June where Derek's and my time will be split 50-50 for days actually spent in trial. LHG:AI -US_W 4 556664221 astis Robert Shillinger, Esq. February 23, 2007 Page 2 This Agreement will be applicable to January 31, 2008. A new rate structure will be negotiated for Fiscal Year 2008 commencing February 1, 2008. All invoices will actually be paid within 60 days of their receipt by the County. I£ this Agreement is acceptable to the County, please execute the Agreement below and return one fully executed duplicate original Agreement to me by mail and pdf/fax, retaining one for the County's files. Derek and I look forward to continuing working with you. W t obert H. Freilich for PAUL, HASTINGS, JANOFSKY & WALKER LLP RHF:df Enclosure Agreed to by: Monroe County, Florida Robert B. Shillinger, Jr. Assistant County Attorney Agreed to by: Paul Hastings Janofsky Walker 9 Bert H. Freillch, Esq. LEGAL US_W # 55586422.1 MONROE C01NTY — GALLEON BAY 58551.00003 Derek V. Howard 412.59 662.80 273,462.50 265.00 175,642.00 Edgar Khalatian 395.19 23.40 9,247.50 9,247.50 Elise Paster 421.12 29.00 12,212.50 300.00 8,700.00 Geoffrey A. Stern 175.00 6.00 1,050.00 1,050,00 Eric Schemes 110.00 12.00 1,320.00 1,320.00 Arun Abraham 160.00 4.10 656 656.00 Jeffrey S. Allmon 160.00 7.50 1,200,00 1,200.00 Rishi R. Sahgal 160.00 4.00 640 640.00 GRAND TOTAL BIL 1000.90 403,803.50 358,538.50 payment made to fees:-2,855.00-2,855.00 400,948.50 355,683.50 Write off: $45,265,00 PAUL, HASTINGS, JANOFSKY & WALKER LLP 516 South Flower Street, 25" Floor, Los Angeles, CA 90071-2228 telephone 213-683-60001 facsimile 213-627-0705 1 internet www.paulhastings.com Atlanta/ Beijing/ Brussels/ Chicago! Hong Kong/ London/ Los Angeles/ Milan/ New Yorkl Orange County! Palo Alto/ Paris/ San Diego/ San Francisco/ Shanghai/ Stamford/ Tokyo/ Washington, D.C. Paul Hastings Monroe County P.O. Box 1026 Key West, FL 33041-1026 Attn: Suzanne Hutton SUMMARY SHEET Galleon Bay Corp. PHJ&W LLP File# 58551-00003 Robert H. Freilich Legal fees for professional sen ices for the period ending December 31, 2006 Costs incurred and advanced Current Fees and Costs Due Prior Balance Due Total Balance Due Note the change in the Wiring Instructions Wiring Instructions: Bank of America ABA # 0260-0959-3 CHIPS Address: 0959 Swift Code: BOFAMN 100 Nest 33,11 Street New York, New York 10001 Account Number: 14599-04796 Account Name: Paul, Hastings, Janofsky & Walker LLP Comment: Please refer to the invoice mmnber listed above. RECEIVE® ONROE COUNTY ATTORNEY January 19, 2007 Please refer to Invoice Number: 1577897 PHJ&W Tax ID No. 95-2209675 $54,655.00 84.42 $54,739.42 $367,371.84 $422,111.26 Remittance Address: Paul, Hastings, Janofsky & Walker LLP 515 South Flower Street 25th Floor Los Angeles, CA 90071-2228 Refer all questions to Carol Brich at (213) 683-5039, or carolbrich a pattlhastings.coni. PAUt., HASTINGS, JANOFSKY &WALKER LLP 515 South Flower Street, 251h Floor, Los Angeles, CA 80071-2228 telephone 213-683-60001 facsimile 213-627-07051 internet www.paulhastings.com Paul Hastings I1Nlonroe County P.O. Box 1026 Key West, FL 33041-1026 Attn: Suzanne Hutton Galleon Bay Corp. PFIJ&W LLP Tile# 58551-00003 Robert F I. Freilich Atlanta/ Beijing/ Brussels/ Chicago/ Hong Kong/ London/ Los Angeles/ Milan/ New York/ Orange County/ Palo Alto/ Paris/ San Diego/ San Francisco/ Shanghai/ Stamford/ Tokyo! Washington, D.C. January 19, 2007 Please refer to Invoice Number: 1577897 PFIJ&W Tax ID No. 95-2209675 REMITTANCE COPY Legal fees for professional selirices for the period ending December 31, 2006 Costs incurred and advanced Current Fees and Costs Due Prior Balance Due Total Balance Due Note the change in the Wiring Instructions Wiring Instructions: Bank of America ABA # 0260-0959-3 CHIPS address: 0959 Swift Code: BOFAMN 100 West 33r" Street New York, New York 10001 Account Number: 14599-04796 Account Name: Paul, Hastings, Jartofsky & Wallwr LLP Comment: Please refer to the invoice number listed above. $54,655.00 84.42 $54,739.42 $367,371.84 $422,111.26 Remittance Address: Paul, Hastings, Janofsky & Walker LLP 515 South Flower Street 25th floor Los Angeles, Ca 90071-2228 Refer all questions to Carol Brich at (213) 683-5039, or carolbrich@llaulhasEngs.com. \1onroe Count, 58551-00003 Invoice No. 1577897 Invoice Invoice Date Number .REMITTANCE COPY (cunt.) Summary of Prior Balance Due Payments Amount Trust A1212I. Page 2 Credits Balance Due 04/24/06 1514537 528,689.65 $3,510.45 $0.00 $25,179.20 05/25/06 1521786 $31,186.72 $0.00 $0.00 $31,186.72 06/23/06 1528095 $122,173.66 $0.00 $0.00 $122,173.66 07/24/06 1534950 $116,463.21 $0.00 $0.00 $116,463.21 08/16/06 1539226 $20,781.84 $0.00 $0.00 $20,781.84 09/21 /06 1546796 $4,479.98 $0.00 $0.00 $4,479.98 10/16/06 1551989 $4,274.28 $0.00 $0.00 $4,274.28 11/22/06 1562727 $2,695.10 $0.00 $0.00 $2,695.10 12/29/06 1572330 $40,137.85 $0.00 $0.00 $40,137.85 Total Prior Due $367,371.84 Balance Due $422,111.26 PAUL, HASTINGS, JANOFSKY & WALKER LLP 515 South Flower Street, 251h Floor, Los Angeles, CA 90071-2228 telephone 213-683-6000 / facsimile 213-627-07051 internet www.paulhastings corn Atlanta/ Beijing/ Brussels/ Ch€cagol Hong Kong/ London/ Los Angeles/ Milan/ Now Yorkl Orange Countyl Palo Alto/ Paris[ San Diegol San Francisco/ Shanghai/ Stamford/ Tokyo/ Washington, D.C. PaulHostings Monroe County P.O. Box 1026 Keyr West, FL 33041-1026 Attn: Suzanne Hutton January 19, 2007 Please refer to Invoice Number: 1577897 PHJ&W Tax ID No. 95-2209675 FOR PROFESSIONAL SERVICES RENDERED for the period ending December 31, 2006 Galleon Say Corp. $54,655.00 Date Timekeeper Description Hours Rate Amount 12/01/06 Derek V. Howard Prepare initial brief in appeal 6A0 425.00 2,720.00 of new trial order 12/04/06 Derek V. Howard Prepare initial brief in appeal 2.40 425.00 1,020.00 of new trial order 12/05/06 Derek V. Howard Review state's agreed motion 5.60 425.00 2,380.00 for extension of time and prepare initial brief its appeal of new trial order 12/06/06 Derek V. Howard Conference with Clerk's 0.50 425.00 212.50 office regarding preparation of record in appeal of new trial order 12/07/06 Derek V. Howard Prepare initial brief in appeal 3.80 425.00 1,615.00 of new trial order 12/08/06 Derek V. Howard Prepare initial brief in appeal 6.00 425A0 2,550.00 of new trial order 12/11/06 Derek V. Howard Prepare initial brief in appeal 5.10 425.00 2,167.50 of new trial order 12/13/06 Derek V. Howard Prepare initial brief -in appeal 7.10 425.00 3,01T50 of new trial order 12/13/06 Robert H. Freilicb Prepare cases for insertion 2.40 425.00 1,020,00 into appellate brief Monroe County Page 2 5S551-00003 Invoice No. 1577897 Date Timekeeper Description Hours Rate Amount 12/14/06 Derek V. Howard Prepare initial brief in appeal 6.80 425.00 2,890.00 of new trial order 12/15/06 Derek V. Howard Prepare initial brief in appeal 7.00 425.00 2,975.00 of new trial order 12/18/06 Derek V. Howard Prepare initial brief in appeal 8.20 425.00 3,485.00 of new trial order 12/19/06 Derek V. Howard Conference with J. Glogau 1.00 425.00 425.00 regarding appeal of new trial order 12/20/06 Derek. V. Howard Prepare initial brief in appeal 5.20 425.00 2,210.00 of new trial order 12/22/06 Derek V. Howard Prepare initial brief in appeal 5.50 425.00 2,337.50 of new trial order 12/26/06 Derek V. Howard Prepare initial brief in appeal 4.80 425.00 2,040.00 of new trial order 12/26/06 Robert H. Freihch Review and revise appellant's 3.20 425.00 1,360.00 draft sent by D. Toward 12/27/06 Derek V. Howard Prepare initial brief in appeal 5.50 425.00 2,337.50 of new trial order 12/28/06 Derek V. Howard Prepare initial brief in appeal 7.20 425.00 3,060.00 of new trial order 12/28/06 Robert H. Freilich Review and revise appellate 3.80 425.00 1,615.00 brief 12/29/06 Derek V. Howard Prepare initial brief in appeal 7.30 425.00 3,102.50 of new trial order and conference with R. Freilich regarding same 12/29/06 Robert H. Fredich Review and revise appellate 3.60 425.00 1,530.00 brief 12/30/06 Derek V. Howard Prepare initial brief in appeal 3.20 425.00 1,360.00 of new trial order; review and prepare correspondence to R. Freilich regarding same 12/30/06 Robert I I. Freilich Review and revise appellant's 6.00 425.00 2,550,00 brief regarding motion for new trial Nfollroe Counter 58551-00003 Inti-oice No. 1577897 Date Timekeeper Description 12/31 /06 Derek V. Ioward Prepare initial brief in appeal of new trial order 12/31/06 Robert H. Freilich Review and revise final draft of appellant's brief regarding motion for new trial Total Fees Hours Rate 6.00 425.00 5.00 425.00 128.60 Timekeeper Summary Robert H. Freilich 24.00 hours at Derek V. Howard 104.60 hours at For Costs Incurred and Advanced Courier Selvice Long Distance Telephone Charges Total Costs $425.00 $425.00 Page 3 Amount 2,550.00 2,125.00 $54,655.00 51.86 32.56 $84.42 Current Fees and Costs Due $54,739.42 Prior Balance Due $367,371.84 Total Balance Due $4223111.26 Paul, Hastings, Janofsky & Walker LLP Supporting Documentation for Disbursements Tab # Matter Name 1 Galleon Bay Corp. 2 Galleon Bay Corp. ;..: Costs IncuPred and. A,dvan`ced PHJW Number Inv. # Amount Description 58551-00003 51.86 UPS 58551-00003 32.56 Long Distance Phone Charges 84.42 TOTAL Delivery Service Invoice Invoice date December 2, 2006 Invoice number 000OA7V781486 Shipper number A7V781 Page 11 of 31 Outbound UPS Online Shipping Too[ (continued Pickup ZIP Published Incentive Billed Date Tracking Number Service Code Zone Weight Charge Credit Charge 11/28 — Total 5i.e6 51.86 1st ref : 58551.00003, 2nd ref : DVH Howard, Derek Userl[) : PSS-xDlxSETpbE Sender : Derek Howard Receiver: Clerk Paul, Hastings. Janotsky & Walker District Court of Appe al of Florida 875 15th Street, N.W. The Third District Washington DC 20005 Miami FL 33175 Jan 07 2007 15:33:02 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 24801117 169114 211 120606 PHJW 2.64 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T11 Time: 12:54 Duration: 00006.00 Phone Number: 8167771012 8167771012 12:54 6 24801118 169114 211 120606 PHJW 0.44 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3AT€ Batch: 3T11 Time: 14:05 Duration: 00001-00 Phone Number: 8504143817 8504143817 14:05 1 MATTER TOTAL: 3.08 GRAND TOTAL: 3.08 TOTAL VALID ENTRIES $.00 INVALID ENTRIES : $.00 ENTRIES POSTED : 2 $3.08 FIRM ENTRIES $.00 TOTAL: 2 $3.08 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 2.64 SCOST WDC P 288014 120706 1842 Howard, 0.44 SCOST WDC P 1842 Howard, 3.08 3.08 288014 120706 Jan 07 2007 15:33:45 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 24853506 169820 211 121906 PHJW 9.68 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T24 Time: 13:36 Duration: 00022.00 Phone Number: 8504143817 8504143817 13:36 22 GRAND TOTAL: 9.68 TOTAL VALID ENTRIES $.00 INVALID ENTRIES : $.00 ENTRIES POSTED : 1 $9.68 FIRM ENTRIES $.00 TOTAL: 1 $9.68 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 9.68 SCOST WDC P 288971 122006 1842 Howard, 9.68 Jan 07 2007 15:34:13 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 24882503 170203 211 122806 PHJW 18.04 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T31 Time: 15:51 Duration: 00041.00 Phone Number: 8504143817 8504143817 15:51 41 GRAND TOTAL: 18.04 TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.00 ENTRIES POSTED 1 $18.04 FIRM ENTRIES $.00 TOTAL: 1 $18.04 Page: 1 Ledger Lac Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 18.04 SCOST WDC P 289685 122906 1842 Howard, 18.04 Jan 07 2007 15:34:40 PRECDST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 24867002 169948 211 122106 PHJW 1.76 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T26 Time: 11.31 Duration: 00004.00 Phone Number: 3052923470 3052923470 11:31 4 GRAND TOTAL: 1.76 TOTAL VALID ENTRIES $.00 INVALID ENTRIES : $.00 ENTRIES POSTED 1 $1.76 FIRM ENTRIES $.00 TOTAL: 1 $1.76 Page: 1 Ledger Loc Valid Posting Date Mod_ Amount Code Flag Batch Modified Optr. 1.76 SCOST WDC P 289203 122206 1842 Howard, 1.76 PAUL, HASTINGS, JANOFSKY & WALKER L41' 515 South Flower Street, 25'� Floor, Los Angeles, CA 90071-2228 telephone 213-683-60001 facsimile 213-627-07051 internet www.paulhastirtgs.com Atlanta/ Beijingl Brussels/ Hong Kong/ London/ Los Angeles/ Milan/ New York/ Orange County/ Palo Alto/ Paris/ San Da egol San Francisco/ Shanghai/ Stamford/ Tokyo! Washington, D.C. Pau IHas tings Monroe County P.O. Box 1026 Key West, FL 33041-1026 Attn: Suzanne Hutton SUMMARY SHEET Galleon Bay Corn. PFIJ&W LLP bile#bile# 58551-00003 Robert H. Freilich ��CE� QED MoNRO'� caUNrY ©� December 29, 2006 AT�QR��Y Please refer to Invoice Number: 1572330 PFIJ&W Tax ID No. 95-2209675 Legal fees for professional services for the period ending November 30, 2006 $40,077.50 Costs incurred and advanced 60.35 Current Fees and Costs Dire Prior Balance Due Total Balance Due Note the change in the Wiring Instructions Wiring Instructions: Barak of America ABA ## 0260-0959-3 CHIPS Address: 0959 Swift Code: B0FAUS3Ni 100 West 33i,I Street New York, New Fork 10001 Account Number: 14599-04796 Account Naive: Paul, Hastings, Janofsky & Walker LLP Comment: Please refer to the invoice number listed above. $40,137.85 $327,233.99 $367,371.84 Remittance Address: Paul, Hastings, Janofsky & %V-,dker LLP 515 South Flower Street 25th Floor Los Angeles, CA 90071-2228 Refer all questions to Carol Brich at (213) 683-5039, or carolbrich@paulhastiiigs.com. PAUL, HASTINGS, JANOFSKY & WALKER LLP 516 South Flower Street, 25" Floor. Los Angeles, CA 90071-2228 telephone 213-683-60001 facsimile 213-627-07051 internet www.paulhastings.com Atlanta! Beijing/ Brussels/ Hong Kong/ London/ Los Angeles/ Milan/ New York/ Orange County/ Palo Alto/ Paris/ San Diego! San Francisco/ Shanghai/ Stamford/ Tokyo! Washington, D.C. Paul,Hasubgs Monroe County December 29, 2006 P.O. Box 1026 Key West, FL 33041-7026 Please refer to Invoice Number: 1572330 Attn: Suzanne Hutton PHJ&W Tax ID No. 95-2209675 REMITTANCE COPY Galleon Bay Corp. P1IJ&W LLP File# 58551-00003 Robert H. Freilicli Legal fees for professional services for the period ending November 30, 2006 Costs incurred and advanced Current Fees and Costs Due Prior Balance Due Total Balance Due Note the change in the Wiring Instructions Wiring Instructions: Bank of America ABA # 0260-0959-3 CHIPS .Address: 0959 Swift Code:130E- lJS3N 100 West 33,1 Street New York, New York 10001 Accotmt Ntunber: 14599-04796 Accotutt Name: Pahl, Hastings, Janofsky & Walker LLP Comment: Please refer to the invoice number listed above. $40,077.50 60.35 $40,137.85 $327,233.99 $367,371.84 Remittance Address: Paul, Hastings, Janofsky & Walker LLP 515 South Plower Street 25th Floor Los Angeles, CA 90071-2228 Refer all questions to Carol Brich at (213) 683-5039, or carolbricli@paulhastings.com. Monroe County 58551-00003 Invoice No. 1572330 Invoice Invoice Date Number REMITTANCE COPY (cons.) Summary of Prior Balance Due Payments/ Amount Trust Appl. Page 2 Credits Balance Due 04/24/06 1514537 $28,689.65 $3,510.45 $0.00 $25,179.20 05/25/06 1521786 $31,186.72 30.00 $0.00 $31,186.72 06/23/06 1528095 $122,173.66 $0.00 $0.00 $122,173.66 07/24/06 1534950 $116,463.21 $0.00 $0.00 $116,463.21 08/16/06 1539226 $20,781.84 $0.00 $0.00 $20,781.84 09/21/06 1546796 $4,479.98 $0.00 $0.00 $4,479.98 10/16/06 1551989 $4,274.28 $0.00 $0.00 $4,274.28 11 /22/06 1562727 $2,695.10 $0.00 $0.00 $2,695.10 Total Prior Due Balance Due $327,233.99 $367,371.84 PAUL, HASTINGS, JANOFSKY & WALKER LLP 515 South Flower Street, 251h Floor, Los Angeles, CA 90071-2228 telephone 213-683-60001 facsimile 213-627-0705 / internetwww,paulhastingr,.com Attantal Beijing/ Brussels/ Hong Kong! London/ Los Angeles/ Milan/ New York/ Orange County/ Palo Alto/ Paris! San Diego/ San Francisco/ Shanghai/ Stamford/ Tokyo/ Washington, D.C. PaulHas ings h=Ionroe County December 29, 2006 P.O. Box 1026 Key West, FL 33041-1026 Please refer to Invoice Number: 1572330 Attn: Suzanne Hutton PHJ&W Tax ID No. 95-2209675 FOR PROFESSIONr1L SERVICES RENDERED for the period ending November 30, 2006 Galleon Bay Corp. $40,077.50 Date Tirnekeeper Description Hours Rate Amount 11/02/06 Derek V. Howard Review trial record in 8.20 425.00 3,485.00 preparation for initial brief In appeal of new trial order; outline initial brief 11/03/06 Derek V. I -Toward Review trial record in 3.50 425.00 1,487.50 preparation for initial brief in appeal of new trial order; outline initial brief 11/06/06 Derek V. Howard Conference with T. Marr 0.30 425.00 127.50 regarding status of case and payment of expert witness fees 11/10/06 Derek V. Howard Outline initial brief for 5.00 425.00 2,125.00 appeal of new trial order, legal research regarding standard of review and expert witness tesdinony 11/13/06 Derek V. Howard Prepare initial brief of appeal 5.00 425.00 2,125.00 of new trial order; legal research regarding standard of review Monroe County 58551-00003 Invoice No. 1572330 Date Timekeepee 11/14/06 Derek V. Howard 11/15/06 Derek V. Howard 11/16/06 Derek V. Howard 11/17/06 Derek V. Howard 11/18/06 Derek V. IHoward 11/20/06 Derek V. Howard 11 /21 /06 Derek V. Howard 11/22/06 Derek V. Howard 11/26/06 Derek V. Howard 11/27/06 Derek V. Howard Description Legal research regarding expert testimony; prepare initial brief of appeal of new trial order Conference with M. Conaway regarding status of case; legal research regarding judicial findings of highest and best use Legal research and prepare initial brief in new trial order appeal Prepare initial brief inl appeal of new trial order Prepare initial brief in appeal of new trial order Prepare initial brief in appeal of new trial order Prepare initial brief in appeal of new trial order Prepare initial brief in appeal of new trial order Prepare initial brief in appeal of new trial order Conferences with J. Glop, u regarding record and initial briefs in appeal of new trial order; prepare correspondence to J. Mattson and B. Shilinger regarding filing deadline; review correspondence from J. Mattson regarding same Page 2 Hours Rate Amount 8.20 425.00 3,485.00 6.50 425.00 2,762.50 8.40 425.00 3,570.00 4.80 425.00 2,040.00 5.20 425.00 2,210.00 5.00 425.00 2,125.00 8.00 425.00 3,400.00 6.00 425.00 2,550.00 8.10 425.00 3,442.50 1.00 425.00 425.00 Monroe County Page 3 58551-00003 Invoice No. 1572330 Date Tim ekee_� Description Hours Rate Amount 11 /28/06 Derek V. Howard Review correspondence 2.70 425.00 1,147.50 from R. Freilich regarding deadline for filing initial brief; prepare correspondence to J. Mattson regarding same; conference with C. IvEi-vette in Clerk's office regarding trial transcript and transmittal of record; conferences with J. Mattson and J. Glogau regarding preparation of record; prepare Designadon to Reporter and Reporter's Acknowledgement and unopposed motion for extension of time; conferences with court reporters 11 /28/06 Robert H. Freilich Review drafts for appellate 2.00 425.00 850.00 brief 11 /30/06 Derek V. Howard Conference with D. Ranier 6.40 425.00 2,720.00 regarding filing of trial transcript; prepare correspondence to J. Glogau regarding same; review correspondence from J. Glogau regarding same and motion for extension of time; prepare initial brief in appeal of new trial order Total Fees 94.30 $40,077.50 Timekeeper Summary Robert H. Freilich 2.00 hours at $425.00 Derek V. Howard 92.30 hours at $425.00 Monroe Count}- Page 4 58551-00003 Invoice No. 1572330 For Costs Incurred and Advanced Long Distance Telephone Charges 27.25 Photocopy Charges 5.60 Secretarial Overtime Charges 17.50 Facsimile 10.00 Total Costs $60.35 Current Fees and Costs Due $40,137.85 Prior Balance Due $327,233.99 Total Balance Due $367,371.84 Paul, Hastings, Janofsky & Walker LLP Supporting Documentation for Disbursements Monroe County Tab # Matter Name 1 Galleon Bay Corp. 2 Galleon Bay Corp. 3 Galleon Bay Corp. 4 Galleon Bay Corp. LA-DOC # 700959 ltemized Costs >�=;$50© PHJW Number Inv. # Amount Description 58551-00003 27.25 Long Distance Telephone 58551-00003 5s0' Photocopy Charges 58551-00003 17.50 SecretarialOT 58551-00003 10.00 Facsimile 60.35 Total Dec 20 2006 10:44:34 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 24684769 167667 211 110606 PHJW 2.20 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T92 Time: 15:16 Duration: 00005.00 Phone Number: 8508940446 8508940446 15:16 5 GRAND TOTAL: 2.20 TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.00 ENTRIES POSTED 1 $2.20 FIRM ENTRIES $.00 TOTAL: 1 $2.20 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 2.20 SCOST WOC P 285824 110806 1842 Howard, 2.20 Dec 20 2006 10:45:06 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 24734414 168280 211 111006 PHJW 0.41 1.00 USER -DEFINED FIELD 1: Ratliff, Cecilia USER -DEFINED FIELD 2: 1218 DESCRIPTION: User: 3SEC Batch: 3T96 Time: 13:34 Duration: 00001.00 Phone Number: 4105900405 4105900405 13:34 1 24734504 168280 211 111006 PHJW 0.44 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3796 Time: 10:23 Duration: 00001.00 Phone Number: 3058721864 3058721864 10:23 1 MATTER TOTAL: 0.85 GRAND TOTAL: 0.85 TOTAL VALID ENTRIES $.00 INVALID ENTRIES : $.00 ENTRIES POSTED : 2 $.85 FIRM ENTRIES $.00 TOTAL: 2 $.85 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 0.41 SCOST WDC P 286574 111806 1218 Ratliff 0.44 SCOST WDC P 1842 Howard, 0.85 0.85 286574 111806 Dec 20 2006 10:45:51 PRECOST TABLE REPORT Control Cost Transaction "atter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 24684580 167664 211 110306 PHJW 17.60 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T89 Time: 13:48 Duration: 00040.00 Phone Number: 8167771012 8167771012 13:48 40 GRAND TOTAL: 17.60 TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.00 ENTRIES POSTED 1 $17.60 FIRM ENTRIES $.00 TOTAL: 1 $17.60 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 17.60 SCOST WDC P 285824 110806 1842 Howard, 17.60 Dec 20 2006 10,46.18 PRECOST TABLE REPORT Control Cost Transaction ?"atter Number Counter Group Code Date Tkeep Quantity Rate '�8551-00003 24753719 168511 211 112206 PHJW 0.44 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3TO1 Time: 13:04 Duration: 00001.00 Phone Number: 8504143817 8504143817 13:04 1 GRAND TOTAL: 0.44 TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.00 ENTRIES POSTED 1 $.44 FIRM ENTRIES $.00 TOTAL: 1 $.44 Page: 1 Ledger Loc Valid Posting Date Mod, Amount Code Flag Batch Modified Optr. 0.44 SCOST WDC P 286868 112306 1842 Howard, 0.44 Dec 20 2006 11:06:20 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 24767612 168742 211 112806 PHJW 5.28 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T06 Time: 16:07 Duration: 00012.00 Phone Number: 3054513951 3054513951 16:07 12 24767613 168742 211 112806 PHJW 0.88 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T06 Time: 16:26 Duration: 00002.00 Phone Number: 8504143817 8504143817 16:26 2 MATTER TOTAL: 6.16 GRAND TOTAL: 6.16 TOTAL VALID ENTRIES $.00 INVALID ENTRIES : $.00 ENTRIES POSTED : 2 $6.16 FIRM ENTRIES $.00 TOTAL: 2 $6.16 Page: 1 Ledger Lac VaLid Posting Date Mod. Amount Code Ftag Batch Modified Optr. 5.28 SCOST WDC P 287129 112906 1842 Howard, 0.88 SCOST WDC P 1842 Howard, 6.16 6.16 287129 112906 Dec 20 2006 10:47:17 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 24767333 168741 218 112806 DVH 12.00 0.20 USER -DEFINED FIELD 1: MACCORMACK, SAI USER -DEFINED FIELD 2: A3 DESCRIPTION: User: DVH Batch: 3C60 24767334 168741 218 112806 DVH 16.00 0.20 USER -DEFINED FIELD 1: MACCORMACK, SAI USER -DEFINED FIELD 2: A3 DESCRIPTION: User: DVH Batch: 3C60 MATTER TOTAL: GRAND TOTAL: TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.00 ENTRIES POSTED 2 $5.60 FIRM ENTRIES $.00 TOTAL: 2 $5.60 Page: I Ledger Loc VaLid Posting Date Mod. Amount Code Flag Batch Modified Optr. 2.40 SPHOTO WDC P 287128 112906 3.20 SPHOTO WDC P 287128 112906 28.00 5.60 28.00 5.60 Alec 20 2006 10.48:03 PRECOST TABLE REPORT Page: 1 Control Cost Transaction Ledger Loc Valid Posting Date Mod. Matter Number Counter Group Code Date Tkeep Quantity Rate Amount Code Ftag Batch Modified Optr. 58551-00003 24773771 168803 226 112906 DVH 4.00 1.25 5.00 SFAX WDC P 287267 113006 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: 3FO4-12 DESCRIPTION: User: DVH Batch: 3FO4 13052923516 C3 Howard, D 24773772 168803 226 112906 DVH 4.00 1.25 5.00 SFAX WDC P 287267 113006 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: 3FO4-13 DESCRIPTION: User: DVH Batch: 3F04 13058527441 C3 Howard, D MATTER TOTAL: 8.00 10.00 GRAND TOTAL: 8.00 10.00 TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.00 ENTRIES POSTED 2 $10.00 FIRM ENTRIES $.00 ------------------------------------------ TOTAL: 2 $10.00 PAUL, HASTING5, JANOFSKY & WALKER LLP 515 South Flower Street, 251" Floor, Los Angeles, CA 90071-2228 telephone 213-683-60001 facsimile 213-627-07051 internet www.paulhastings-com Atlanta/ Beijing/ Brussels/ bong Kong/ London/ Los Angeles/ Milan/ New York/ Orange County/ Palo Alta/ Paris/ San Diego/ San Francisco/ Shanghai/ Stamford/ Tokyol Washington, D.C. Paul Hastings Monroe Count-; P.O. Box 1026 Key West, FL 33041-1026 Attn: Suzanne Hutton SUMMARY SHEET Galleon. Bay Corp. PI-1J&W LLP File# 58551-00003 Robert H. Freilich Legal fees for professional services for the period ending October 31, 2006 Costs incurred and advanced Current Fees and Costs Due Prior Balance Due Total Balance Due Note the change. in..the..Wiring Instructions Wiring Instructions: Batik of America ABA # 0260-0959-3 CHIPS Address: 0959 Swift Code: BOFAUS3N 100 West 33rd Street New York, New York 10001 Account Number: 14599-04796 Account Name: Paul, Hastings, Janofsky & Walker LLP Comment: Please refer to the invoice ntunber listed above. November 22, 2006 Please refer to Invoice Number: 1562727 PHJ&W Tay. ID No. 95-2209675 $2,677.50 17.60 $2,695.10 $324,538.89 $327,233.99 Remittance Address: Paul, Hastings, Janofsky & Walker LLP 515 South Flower Street 25th Floor Los Angeles, CA 90071-2228 ko Refer all questions to Carol Brich at (213) 683-5039, or c,,irolbricl-i@p,,iulh-,Lstings.com. PAUL, HAST€NGS, JANOFSKY & WALKER LLP 515 South Flower Street, 25"' Floor, Los Angeles, CA 90071-2228 telephone 213-683-60001 facsimile 213-627-07051 internet www.paulhastings.com Atlanta/ Beijing/ Brussels/ Hong Kong/ London/ Los Angeles/ Milan/ New York/ Orange County/ Palo Altol Paris/ San Diego/ San Francisco/ Shanghai/ Stamford/ Tokyo/ Washington, D.C. Paul Hastings Monroe County November 22, 2006 P.O. Box 1026 Key West, FL 33041-1026 Please refer to Invoice Number: 1562727 Attn: Suzanne Hutton PHJ&W Tax ID No. 95-2209675 REMITTANCE COPY Galleon Ba Car . PHJ&W LLP File# 58551-00003 Robert H. Freilich Legal fees for professional sen ices for the period ending October 31, 2006 $2,677.50 Costs incurred and advanced 17.60 Current Fees and Costs Due $2,695.10 Prior Balance Due $324,538.89 Total Balance Due Note the change in the Wiring Instructions Wiring Instructions: Bank of America ABA # 0260-0959-3 CHIPS :address: 0959 S-,vift Code: BOFAUS3N 100 West 33rc1 Street Nexv York, Nexv York 10001 Account Niunber: 14599-04796 Account Name: Paul, Hastings, Janofsky & Walkers LLP Comment: Please refer to the invoice nuinber listed above. $327,233.99 Remittance Address: Paul, Hastings, Janofsky & Walker LLP 515 South Flo\vex' Street 25th Floor Los Angeles, CA 90071-2229 Refer all questions to Carol Brzch at (213) 683-5039, or carolbrich@paulhastings.com. I\Ioiuoe Count} 58551-00003 Invoice No. 1562727 Invoice Invoice Date Number Page 2 REMITTANCE COPY (cont.) Summary of Prior Balance Due Payments Amount Trust A12121. Credits Balance Due 04/24/06 1514537 $28,689.65 $3,510.45 $0.00 $25,179.20 05/25/06 1521786 $31,186.72 50.00 $0.00 $31,186.72 06/23/06 1528095 $122,173.66 $0.00 $0.00 $122,173.66 07/24/06 1534950 $116,463.21 $0.00 $0.00 $116,463.21 08/16/06 1539226 $20,781.84 $0.00 $0.00 $20,781.84 09/21/06 1546796 $4,479.98 $0.00 $0.00 $4,479,98 10/16/06 1551989 $4,274,28 $0.00 50.00 $4,274.28 Total Prior Due $324,538.89 Balance Due $327,233.99 PAUL, HASTINGS, JANOFSKY & WALKER LLP 515 South Flower Street, 25" Roor, Los Angeles, CA 90071-2228 telephone 213-683-60001 facsimile 213-627-07051 internet www,paulhastings.com Atlanta] Beijing/ Brusselsl Hong Kong/ London/ Los Angeles/ Milan/ New York/ orange County/ Palo Alto/ Paris! San Diego/ San Francisco/ Shanghai! Stamford/ Tokyo/ Washington, D.C. Paul Hastings ]Monroe Counq P.O. Box 1026 Key West, FL 33041-1026 Attn: Suzanne Hutton FOR PROFESSIONAL SERVICES RENDERED for the period ending October 31, 2006 Galleon. Bay Corp. Date Timekeeper 10/06/06 Derek V. Howard 10/09/06 Derek V. Howard 10/10/06 Derek V. Howard November 22, 2006 Please refer to Invoice Number: 1562727 PHJ&W T'ax ID No. 95-2209675 $23677.50 Description Hours Rate Amount Legal. research regarding 5.00 425.00 2,125.00 admission of testimony from real property appraisers Review acknowledgement of 0.80 425.00 340.00 new case from Third District Court of Appeal; review correspondence from R. Freilich regarding out-of- state takings cases and article attached thereto Review correspondence 0.50 425.00 212.50 from R. Shillinger regarding decision authority on appointment of senior judges and Supreme Court of Florida decision attached thereto Total Fees 6.30 $2,677.50 Monroe County 58551-00003 Invoice No. 1562727 Timekeeper Summary Derek V. Howard For Costs Incurred and Advanced Long Distance Telephone Charges Total Costs Current Fees and Costs Due Prior Balance Due Total Balance Due 6.30 hours at Page 2 $425.00 17.60 $17.60 $2,695.10 $324,538.89 $327,233.99 Paul, Hastings, Janofsky & Walker LLP Supporting Documentation for Disbursements F .......::. t Casts Incurred-anci A:dvariced Tab # Matter Name PHJW Number Inv. # Amount Description 1 Galleon Bay Corp. 58551-00003 17.60 Long Distance Phone Charges 17.60 TOTAL Nov 11 2006 14:25:05 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 24605541 166697 211 101706 PHJW 0.44 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T73 Time: 09:27 Duration: 00001.00 Phone Number: 3052923470 3052923470 09:27 1 GRAND TOTAL: 0.44 TOTAL VALID ENTRIES $_00 INVALID ENTRIES $.00 ENTRIES POSTED 1 $.44 FIRM ENTRIES $.00 TOTAL: 1 $.44 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 0.44 SCOST WDC P 284199 101806 1842 Howard, 0.44 Nov 11 2006 14:25:59 PRECOST TABLE REPORT ControL Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 24577660 166358 211 101006 PHJW 0.44 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T66 Time: 09:51 Duration: 00001.00 Phone Number: 3058527165 3058527165 09:51 1 24577661 166358 211 101006 PHJW 1.32 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3A7T Batch: 3T66 Time: 14:06 Duration: 00002.00 Phone Number: 3052923576 3052923576 14:06 2 24577662 166358 211 101006 PHJW 0.44 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T66 Time: 17:02 Duration: 00001.00 Phone Number: 3052923470 3052923470 17:02 1 MATTER TOTAL: 2.20 GRAND TOTAL: 2.20 TOTAL VALID ENTRIES $.00 INVALID ENTRIES : $.00 ENTRIES POSTED : 3 $2.20 FIRM ENTRIES $.00 ------------------------------------------ TOTAL: 3 $2.20 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 0.44 $COST WDC P 283733 101106 1842 Howard, 1.32 SCOST WDC P 1842 Howard, 0.44 SCOST WDC P 1842 Howard, 2.20 2.20 283733 101106 283733 101106 Nov 11 2006 14:26:31 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 24622129 166884 211 102006 PHJW 14.96 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T76 Time: 13:04 Duration: 00034.00 Phone Number: 8504143817 8504143817 13:04 34 GRAND TOTAL: 14.96 TOTAL VALID ENTRIES $.00 INVALID ENTRIES : $.00 ENTRIES POSTED : 1 $14.96 FIRM ENTRIES $.00 TOTAL: 1 $14.96 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 14.96 SCOST WDC P 284461 102106 1842 Howard, 14.96 PAUL, HASTINGS, JANOFSKY & WALKER LLP 516 South Flower Street, 25'h Floor, Los Angeles, CA 90071-2228 telephone 213-683-60001 facsimile 213-627-07051 internet www,paulhastings.com Atlanta/ Beijing/ Brussels) Hong Kongl London) Los Angeles/ Milan/ New York/ Orange County! Palo Altot Paris/ San Diego/ San Francisco/ Shanghai/ Stamford/ Tokyo/ Washington, D.C. Paul Hastings Monroe County P.O. Box 1026 Key West, FL 33041-1026 Attn: Suzanne Hutton SUMMARY SHEET Galleon Ba Cor . PHJ&W LLP File# 58551-00003 Robert H. Freilich Legal fees for professional services for the period ending September 30, 2006 Costs incurred and advanced Current Fees and Costs Due Prior Balance Due Total Balance Dire Note the change in the Wiring Instructions Wiring Instructions: Bank of America .-0A # 0260-0959-3 CHIPS .Address: 0959 Swift Code: B017AU83N 100 West 33Td Street Ncw York, New York 10001 Account Number: 14599-04796 Account Nacnc: Paul. ilastings, janofskv & Walker LLP Cosninent: Please refer to the invoice number listed above. RECEIVED OCT 2 3 2006 October 16, 2006 MONROE COUNTY A7TORNEY Please refer to Invoice Number: 1551989 PI-IJ&W Tax ID No. 95-2209675 $4,207.50 66.78 $4,274.28 $320,264.61 $324,538.89 Remittance Address: Paul, 1-1,astings, ]anofsky 8c Walker LLP 515 South Flower Street 25th Floor Los Angeles, CA 9007I-2228 Refer all questions to Cuol Briclr at (213) 683-5039, or (:,.iroll)ricli@p,.iulh,.isuitlgs.com. pstulhastiags.com. 1; PAUL, HASTINGS, JANOFSKY & WALKER LLP 515 South Flower Street, 251" Floor, Los Angeles, CA 90071-2228 telephone 213-683-60001 facsimile 213-627-07051 internetwww.paulhastings.com Atlanta/ Beijing/ Brussels/ Hong Kong/ London/ Los Angeles/Milan/ New York/ Orange County/ Palo Alto/ Paris/ San Diego/ San Francisco/ Shanghai/ Stamford/ Tokyo/ Washington, Q.C. Pau lHas tings Monroe Count• October 16, 2006 P.O. Box 1026 Key West, FI_. 33041-1026 Please refer to Invoice Number: 1551989 Attn: Suzanne Hutton PHJ&W Tax ID No. 95-2209675 REMITTANCE COPY Galleon Bay Corn. PHJ&W LLP rile# 58551-00003 Robert H. Freilich Legal fees for professional services for the period ending September 30, 2006 $4,207.50 Costs incurred and advanced 66.78 Current Fees and Costs Due Prior Balance Due Total Balance Due Note the change in the Wiring Instructions Wiring Instructions: Bank of America ABA # 0260-0959-3 CHIPS .-Address: 0959 Swift Code: BOFAUS3N 100 West 33«t Street New York, New York 10001 Accotuit Number: 14599-04796 Accotuit Naive: Paul, Hastings, Jartofsky & V alker LLP Co€nme€it: Please refer to the invoice number listed above. $4,274.28 $320,264.61 $324,538.89 Remittance Address: Patil, I-Instings, Janofsky & Walker LLP 515 South Flower Street 25th Floor Los .1€tgelcs, CA90071-2228 Refer all questioais to Carol Brich at (213) 683-5039, or carolbricll@paulh;tstings.co€n. moxlroe count , 58551-00003 Invoice No. 1551989 Invoice Invoice Date Number Page 2 REMITTANCE COPY (coin.) Summary of Prior Balance Due Payments / Amount T-tust Appl. Credits Balance Due 04/24/06 1514537 $28,689.65 $3,510.45 $0.00 $25,179.20 05/25/06 1521786 531,186.72 $0.00 $0.00 $31,186.72 06/23/06 1528095 5122,173.66 50.00 $0.00 $122,173.66 07/24/06 1534950 $116,463.21 $0.00 $0.00 $116,463.21 08/16/06 1539226 $20,781.84 $0.00 $0.00 $20,781.84 09/21/06 1546796 $4,479.98 $0.00 $0.00 $4,479.98 Total Prior Due Balance Due $320,264.61 $324,538.89 PAUL, HASTIPfGS, JANGFSKY & WALKER LLP 515 South Flower Street, 25'" Floor, Los Angeles, CA 90071-2228 telephone 213-683-60001 facsimile 213-627-0705 / internet www:paulhastings.com Atlanta/ Beijing/ Brussels/ Hong Kong/ London/ Los Angeles/ Milan/ New York/ Orange County! Pafo Alto/ Paris/ San Diego/ San Francisco/ Shanghai/ Stamford/ Tokyo/ Washington, D,C, PaulHastings Monroe County October 16, 2006 P.O. Box 1026 Key West, FL 33041-1026 Please refer to Invoice Number: 1551989 Attn: Suzanne Hutton PHJ&W Tax ID No. 95-2209675 FOR PROFESSION,1l- S. RVICES RI=,NDERED for the period ending Septen-ibcr 30, 2006 Galleon Bay Corp. $4,207.50 Date Tin-ickccl-)cr Description Hours Rate Amount 09/07/06 Derek V. Howard Review correspondence 020 425.00 $85.00 from J. Glogau regarding scheduling of post -trial hearing and prepare response to same; review correspondence from R. Shillinger regarding jury verdict 09/12/06 Derck V. Howard Prepare rc-notice of post- 0,50 425.00 $212.50 trial hearing; review correspondence from J. Glogau regarding Judge Payn-€e's refusal to consider offers of purchase by the Counts- after the BUD or Admin Relief processes as 'ivalue" in the analysis of whether there has been a Lakin- 0 09/13/06 Derek V. Howard Review correspondence 0.30 425.00 $127.50 from). Glogau Monroe County Page 2 58551-00003 Invoice No. 1551989 Date ltnlekeeper Description Hours Rate Amount 09/14/06 Derek V. Howard Review order granting new 4.80 425.00 $2,040.00 trial and order denying reconsideration on liability; conferences with R. Shillinger, J. Glogau and R. Freilich regarding same; review correspondence from R. Shillinger regarding response options; review case law, statutes and rules on appellate options; prepare correspondence to J. Glogau regarding same 09/15/06 Derek V. Hon=arcl Conference with J. Glogau 1.20 425.00 $510.00 regarding order granting new trial 09/18/06 Derek V. Howard Conference with R. 0.50 425.00 $212.50 Shillinger regarding appeal of order granting new trial 09/19/06 Derek V. Howard Respond to inquiry from A, 0.50 425.00 $212.50 Tobin regarding status of post -trial bearing; prepare notice of cancellation directed to post -trial hearing 09/19/06 Robert H. Freilich Review and prepare cross 1.80 425.00 $765.00 order striking jury verdict 09/20/06 Derek V, l loward Respond to inquiry by J. 0.10 425.00 $42.50 Glogau regarding filing of notice of appeal; review correspondence from R. Shillinger regarding same Total Fees 9.90 $4,207.50 Timekeeper Summary Robert I I. Freil.ich 1.80 hours at 5425.00 Derek V. Howard 8.10 fours at $425.00 Monroe Count- Page 3 58551-00003 Invoice No. 1551989 For Costs Incurred and Advanced Long Distance T clephoiie Charges 58.08 Photocopy Charges 1.20 Facsimile 7.50 Total Costs $66.78 Current Fees and Costs Due Prior Balance Due $4,274.28 $3201264.61 Total Balance Die $324,538.89 Paul, Hastings, Janofsky & Walker LLP Supporting Documentation for Disbursements Monroe County Tab # Matter Name 1 Galleon Bay Corp. 2 Galleon Bay Corp. 3 Galleon Bay Corp. PHJW Number Inv. # Amount Description 58551-00003 58.08 Long Dist. Tel. Charges 58551-00003 1.20 Photocopy Charges 58551-00003 7.50 Facsimile 66.78 Total Paul, Hastings, Janofsky & Walker LLP Supporting Documentation for Disbursements Tab # Matter Name 1 Galleon Bay Corp. 2 Galleon Bay Corp. 3 Galleon Bay Corp. PHJW Number Inv. # Amount Description 58551-00003 58.08 Long Dist. Tel. Charges 58551-00003 1.20 Photocopy Charges 58551-00003 7.50 Facsimile 66.78 Total Oct 06 2006 12:13:05 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 24467980 164964 211 091206 PHEW 1.32 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User; 3ATT Batch: 3T32 Time: 13:40 Duration; 00003.00 Phone Number: 3052923433 3052923433 13:40 3 GRAND TOTAL: 1.32 TOTAL VALID ENTRIES . $.00 INVALID ENTRIES : $.00 ENTRIES POSTED : 1 $1.32 FIRM ENTRIES $.00 TOTAL: 1 $1.32 Page: 1 Ledger Loc VaLid Posting Date Mod. Amount Code Flag Batch Modified Optr. 1.32 SCOST WDC P 281577 091306 1842 Howard, 1.32 Oct 06 2006 12:10:38 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 24463681 164930 211 091106 PHJW 0.44 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T31 Time: 16:51 Duration: 00001.00 Phone Number: 3052923433 3052923433 16:51 1 GRAND TOTAL: 0.44 TOTAL VALID ENTRIES $.00 INVALID ENTRIES : $.00 ENTRIES POSTED : 1 $.44 FIRM ENTRIES $.00 TOTAL: 1 $.44 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 0.44 SCOST WDC P 281478 091206 1842 Howard, 0.44 Oct 06 2006 12:22:54 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 24459107 164860 218 090806 DVH 4.00 0.20 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: A3 DESCRIPTION: User: DVH Batch: 3C75 24459139 164860 218 090806 DVH 2.00 0.20 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: A8 DESCRIPTION: User: DVH Batch: 3C75 TOBINB LTR MATTER TOTAL: GRAND TOTAL: TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.00 ENTRIES POSTED 2 $1.20 FIRM ENTRIES $.00 TOTAL: 2 $1.20 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 0.80 SPHOTO WDC P 281369 090906 0.40 SPHOTO WDC P 281369 090906 6.00 1.20 6.00 1.20 Oct 06 2006 12:12:18 PRECOST TABLE REPORT Page: 1 Controt Cost Transaction Ledger Loc Valid Posting Date Mod. Matter Number Counter Group Code Date Tkeep Quantity Rate Amount Code Flag Batch Modified Optr. 58551-00003 24485965 165211 211 091506 PHJW 16.72 1.00 16.72 SCOST WDC P 281939 091806 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T41 Time: 10:43 Duration: 00037.00 Phone Number: 8504143817 8504143817 10:43 37 1842 Howard, GRAND TOTAL: 16.72 16.72 TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.00 ENTRIES POSTED 1 $16.72 FIRM ENTREES $.00 TOTAL: 1 $16.72 Oct 06 2006 15:30:57 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00004 24463679 164930 211 091106 PHJW 0.44 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T31 Time: 15:05 Duration: 00001.00 Phone Number: 3052923470 3052923470 15:05 1 GRAND TOTAL: 0.44 TOTAL VALID ENTRIES $.D0 INVALID ENTRIES S.00 ENTRIES POSTED 1 $.44 FIRM ENTRIES $.00 TOTAL: 1 $.44 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 0.44 SCOST WDC P 281478 091206 1842 Howard, 0.44 Oct 06 2006 12:08:54 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 24480011 165138 211 091406 PHJW 14.96 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T33 Time: 14:43 Duration: 00034.00 Phone Number: 8504143817 8504143817 14:43 34 24480104 165139 211 091406 PHJW 0.88 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T34 Time: 17:28 Duration: 00002.00 Phone Number: 8504143817 8504143817 17:28 2 24480105 165139 211 091406 PHJW 4.40 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T34 Time: 17:04 Duration: 00010.00 Phone Number: 8508940446 8508940446 17:04 10 MATTER TOTAL: 20.24 GRAND TOTAL: 20.24 TOTAL VALID ENTRIES $.00 INVALID ENTRIES : $.00 ENTRIES POSTED : 3 $20.24 FIRM ENTRIES S.00 ------------------------------------------ TOTAL: 3 $20.24 Page: 1 Ledger Loc Valid Posting Date Mod, Amount Code Flag Batch Modified Optr. 14.96 SCOST WDC P 281738 091506 1842 Howard, 0.88 SCOST WDC P 1842 Howard, 4.40 SCOST WDC P 1842 Howard, 20.24 20.24 281738 091506 281738 091506 Oct 06 2006 12:11:23 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 24490721 165293 211 091806 PHJW 6.60 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T44 Time: 14:34 Duration: 00015.00 Phone Number: 3052923470 3052923470 14:34 15 GRAND TOTAL: 6.60 TOTAL VALID ENTRIES $.00 INVALID ENTRIES : $.00 ENTRIES POSTED : 1 $6.60 FIRM ENTRIES $.00 TOTAL: 1 $6.60 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 6.60 $COST WDC P 281974 091906 1842 Howard, 6.60 Oct 06 2006 12:09:41 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 24480012 165138 211 091406 PHJW 12.32 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T33 Time: 14:50 Duration: 00027.00 Phone Number: 3052923470 3052923470 14:50 27 GRAND TOTAL: 12.32 TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.00 ENTRIES POSTED 1 $12.32 FIRM ENTRIES $.00 TOTAL: 1 $12.32 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 12.32 SCOST WDC P 283212 100306 b lyl 1842 Howard, 12.32 Oct 06 2006 15:20:54 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 24495580 165350 226 091906 DVH 3.00 1.25 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: 3F53-8 DESCRIPTION: User: DVH Batch: 3F53 13052953611 GRAND TOTAL: 3.00 TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.00 ENTRIES POSTED 1 $3.75 FIRM ENTRIES $.00 TOTAL: 1 $3.75 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 3.75 SFAX WDC P 282065 092006 C4 Howard, D 3.75 Oct 06 2006 15:17:39 PRECOST TABLE REPORT Contra[ Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 24459358 164862 226 090806 DVH 3.00 1.25 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: 3F40-17 DESCRIPTION: User: DVH Batch: 3F40 13058526957 GRAND TOTAL: 3.00 TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.DO ENTRIES POSTED 1 $3.75 FIRM ENTRIES $.00 TOTAL: 1 $3.75 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code FLag Batch Modified Optr. 3.75 SFAX WDC P 281370 090906 C4 Howard, D 3.75 Paul, Hastings, Janofsky & Walker LLP Supporting Documentation for Disbursements costs lncurredand;Adyanced... Tab # Matter Name PHJW Number Inv. # Amount Description 1 Land Development Regulations 58551-00004 0.44 Long Distance Phone Charges 0.44 Total PAUL, HASTINGS, JANOFSKY & WALKER LLP 515 South Rower Street, 251d Floor, Los Angeles, CA 90071-2228 telephone 213-683-60001 facsimile 213-627-07051 internet www.paulhastings,com Atlanta/ Beijing/ Brussels/ Hong Kong/ London/ Los Angeles/ Milan/ New York/ Orange County/ Palo Alto/ Paris/ San Diego/San Francisco/ Shanghai/ Stamford/Tokyo/ Washington, D.C. Pauftsu'ngs /Monroe County P.O. Box 1026 Ivey West, FL 33041-1026 Attn: Suzanne Hutton SUMMARY SHEET Galleon Bap. PIIJ&W LLP File# 58551-00003 Robert H. F reilich Legal fees for professional services for the period ending August 31, 2006 Costs incurred and advanced Current Fees and Costs Due Prior Balance Due Total Balance Due Note the change in the Wiring Instructions Wiring Instructions: Bank of America ABA. # 0260-0959-3 CHIPS Address: 0959 Swift Code: B0FAUS3N 100 West 33,11 Street New York, New York 10001 Account Number: 14599-04796 Accotuit Name: Paul, Hastings, Janofsky & Walker LLP Comment: Please refer to the invoice slumber listed ;above. September 21, 2006 Please refer to Invoice Number: 1546796 PHJ&W Tax ID No. 95-2209675 $1,997.50 2,482.48 $4,479.98 $316,685.83 $321,165.81 Remittance Address: Paul, Hastings, J,anofsky & balker LLP 515 South blower Street 25th Floor Los Angeles, CA 90071-2228 Refer all questions to Carol Brich at (213) 683-5039, or c,,irol]3rich@paulh-.istitigs.com. paulhastitigs.com. PAUL, HASTINGS, JANOFSKY & WALKER LLP 515 South Flower Street, 25" Floor, Los Angeles, CA 90071-2228 telephone 213-683-60001 facsimile 213-627-07051 internet www.paulhastings,com Atlanta/ Beijing/ Brussels/ Hong Kong/ London/ Los Angeles/ Milanl New York/ Orange County/ Palo Alto/ Paris/ San Diegol San Francisco/ Shanghai/ Stamford/ Tokyo/ Washington, D.C, Pauftstings Monroe County September 21, 2006 P.O. Box 1026 Kerr West, FL 33041-1026 Please refer to Invoice Number: 1546796 Attn: Suzanne Hutton PHJ&W Tax ID No. 95-2209675 REMITTANCE COPY Galleon Bay Co . PHJ&W LLP File# 58551-00003 Robert H. Freilich Legal fees for professional services for the period ending August 31, 2006 $1,997.50 Costs incurred and advanced 2,482.48 Current Fees and Costs Due $4,479.98 Prior Balance Due $316,685.83 Total Balance Due Note the change in the Wiring Instructions Wiring Instructions: Batik of Atnerica ABA # 0260-0959-3 CIIPS address: 0959 Swift Code: BOFAUS3N 100 Nest 33«t Street New York, New York 10001 Accotttit Number: 14599-04796 Account Maine: Paul, Hastings, Jauofsky & Walker LLP Comment: Please refer to the utvoice number listed above. $321,165.81 Remittance Address: Paul, Hastings, Janofsky & Walker LLP 515 South flower Street 25th Floor Los Angeles, CA 90071-2228 Refer all questions to Carol Brick at (213) 683-5039, or carolbrich i)paulhastings.com. tilonroe Count- 58551-00003 Invoice No. 1546796 Invoice Invoice Dare Number REMITTANCE COPY (cons.) Summary of Prior Balance Due Pave -vents / Amount Trust r11212.. Page 2 Credits Balance Due 04/24/06 1514537 $28,689.65 $3,510.45 $0.00 $25,179.20 05/25/06 1521786 $31,186.72 $0.00 $0.00 $31,186.72 06/23/06 1528095 $122,173.66 $0.00 $0.00 $122,173.66 07/14/06 1531413 $25,970.86 $25,069.66 $0.00 $901.20 07/24/06 1534950 $116,463.21 $0.00 $0.00 $116,463.21 08/16/06 1539226 $20,781.84 $0.00 $0.00 $20,781.84 Total Prior Dire $316,685.83 Balance Due $321,165.81 PAUL, HASTINGS, JANOFSKY & WALKER LLP 515 South Flower Street, 25"' Floor, Los Angeles, CA 90071-2228 telephone 213-683-60001 facsimile 213-627-07051 internet www.paulhastings.com Atlanta! Beijing/ Brussels/ Hong Kong/ London! Los Angeles! Milan/ New York/ Orange County/ Palo Alto/ Paris/ San Diego/ San Francisco/ Shanghai/ Stamford[ Tokyo/ Washington, D.C. PaulHastrngs Monroe County September 21, 2006 P.O. Box 1026 Key West, FL 33041-1026 Please refer to Invoice Number: 1546796 Attn: Suzanne Hutton PHJ&W Tax ID No. 95--2209675 FOR PROFESSIONAL SERVICES RENDERED for the period ending August 31, 2006 Galleon Baffin. Date Timekeeper 08/28/06 Derek V. Howard Description Review and return voice mail message from J. Mattson regarding post -trial bearing; review post -trial filings; prepare notice of bearing and correspondence to J. Glogau regarding same; review recent fifth Circuit takings decision, prepare memorandu€n and telephone conference with J. Glogau regarding same hours Rate 3.80 425.00 08/29/06 Derek V. I-Ioward Review correspondence 0.40 425.00 from J. Glogau and R. I='reilich regarding recent Fifth Circuit takings decision $1,997.50 Amount $1,615.00 $170.00 Monroe Count, Page 2 58551-00003 Invoice No. 1546796 Date Timekeeper Description Hours Rate Amount 08/31/06 Derek V. Howard Review correspondence with 0.50 425.00 $212.50 J. Glogau regarding recent N.J. state court regulatory takings decision; prepare correspondence to J. Glogau regarding same and possibility of enlisting Georgetown Environmental Law and Policy Institute to file amicus brief Total Fees 4.70 $1,997.50 Timekeeper Summary Derek V. Howard 4.70 hours at $425.00 For Costs Incurred and Advanced Ta.i/Ground Transportation 39.40 Long Distance Telephone Charges 36.08 Photocopy Charges 8.00 Outside Professional Services - Law Offices Of Alan K. Steinbrecher: Invoice # 487.50 1096; Invoice Date: 01 /31 /06 Outside Professional Services - - StephenMoore, P.C. 07/27/06 Meet with Freilich: 1,911.50 Review Docyuments, Work on Voir Dire, Work on opening statement:, Jury Instructions, West Law Charges Total Costs $2,482.48 Monroe County 58551-00003 Invoice No. 1546796 Current Fees and Costs Due Prior Balance Due Total Balance Due Page 3 $4,479.98 $316,685.83 $321,165.81 Paul, Hastings, Janofsky & Walker LLP Supporting Documentation for Disbursements Monros County Tab # Matter Name 1 Galleon Bay Corp. 2 Galleon Bay Corp. 3 Galleon Bay Corp. 4 Galleon Bay Corp. PHJW Number Inv. # Amount Description 58551-00003 39.40 Taxi/Ground Transport. 58551-00003 2,399.00 Outside Profess. Service 58551-00003 36.08 Long Dist. Tel. Charges 58551-00003 8.00 Photocopy Charges 2,482.48 Total M S No RECEIVED ADMINISTRATIVE' SERV. CO —OF '� \� L/*+��^/ y ADMINIHISTRATIVE SERV. CO—OP |UN 2 g 2006 2129 W ROSECRANS, GARDENA CA. 90�2,49 HUMAN RFS0URMS TAX I.D. # 95-4405218 147 1517466 �'��J �� / ` | ���� � | �� --" " PAUL, HASTINGS, JANOFSKY^ AND WALKER 515 S. FLOWER ST.,22nd FL LOS ANGELES, CA 90071 ATTN: ELAINE MUNOZ ITEM NUMBER DESCRIPTION CHARGES 8 169119 64.40 Valid only for use with Yellow Cab Co. �--, �- •; Account ?VV&e W 60-e,�gw... Number The Original Yellow Cab 7TripStartedat Meter j Authorized� - r� Date Issue FOR SERVICE PLEASE CALL 1 (213) 808-1000 TO/ i Trans artation t (g ase grin) ; t �l Tip (310) 808-1000 TO/ (818) 361-6959 11 166 Toll Free - (88$) 793.5589 ve waiting time over 10 minutes Dispatch must approve ! U Accounting Office Starting Tim® Drop off Time Todays Data (310) 715-1966 , t Q 1 IC t 07 Total 2129 W. Rosecrans Ave. Attorney (% -d Gardena, GA 94249 Driver s Name 6 169119 .'^ ClianV i rr Cab# Lease# original & 2nd MPY to be retained by driver I r 03 ` (P5 " LAW OFFICES OF A=LAN K. STEINBRECHER, P.C. 516 5OOTff FLOWER STREET 1 7'" FLOOR LW ANGELES, 9D0I1.223A / �// TEL: 213-841-14Dp 49 c? �) FfiJL6J� f / FAX: 213-$41-1470�®Il� EMAIL: alaoefelnbrach�r®a�onrialnbrech�;IaW.cpfn ri 11( If{ ll7l i1J 1533434 Paul. Hastings Janafsky & Walker LLP Attu; Robert Freilich, Esq. PECFnj7 -, BY Ar r:p January 31, 2006 515 S. Flower St., 26th Floor 3 2906 Statement Na.1096 Los Angeles CA 90071 DAt 11 HASTII,�GS f Js�In b Reference To: Monroe County -Crane Professional Services 3 01106/06 AKS Confer with E. Paster regarding status; confer with. D. Gdffith regarding same 01/12/06 AKS Review pleadings 01/31/06 AKS Telephone call with J. Sanders regarding hearing and ruling; confer with E. Paster regarding same For professional services rendered Previous balance Balance due Name Alan Y. Steinbrecher Timekeeper Summary r Hours Amount . 0.30 97.50 1.00 325.00 0.2Q 65.00 1.50 $487.50 ($0.50) :��s r.uu Hours Rate Amount 1.50 325.00 $487.50 BACCOUNTSAYALE JUL 31 2006 PAUL3 HASTINGS . ' C; STEPHE J. MOORE, P.C. I V E 1500 Traders on Grand Building Invoice 1125 Grand Avenue AUG 1 0 2006 Kansas City, MO 64106 MAN RESOURCES Number. 7 FIN 43-1439082 0QIr bate: July 27, 20 UMAN RESOURCES Bill To: n1E Ship To: Robert H. Freil.ich RECEIV PAUL HASTINGS, ET AL 1 3)ml ACCOUNTS PAYABLE 515 South Flower, 25th Floor AUG 4 2006 Los Angeles, CA 90071-2228 1111111111U111111 1518952 PAUL, HASTIN�S PO Number Terms Project 90355-015SJM Time & Expenses Galleon Bay v. MoCo Date Description Hours Rate Amount June 01, 2006 Meet with Freilich; Review Documents 2.75 225.00 618.75 June 03, 2006 Work on Voir Dire 2.25 225.00 506.25 June 04, 2006 Work on Opening Statement; Jury Instructions 2.50 225.00 562.50 July 27, 2006 'West Law Charges (June 3-6, 2006) 224.00 P-1! J 4 a"'5 I.- �--� %npl{ Total $Z,9Z1.50 Sep 14 2006 13:06:30 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 24183672 161212 211 062806 PHJW 2.20 1.00 USER -DEFINED FIELD 1: DIANE FOWLER USER -DEFINED FIELD 2: 5507 DESCRIPTION: User: 1SCC Batch: 1T24 Time: 11:51 Duration: 00005.00 Phone Number: 2025511842 2025511842 11.51 5 24183673 161212 211 062806 PHJW 1.32 1.00 USER -DEFINED FIELD 1: DIANE FOWLER USER -DEFINED FIELD 2: 5507 DESCRIPTION: User: 1SCC Batch: 1T24 Time: 09:33 Duration: 00003.00 Phone Number: 3052923470 3052923470 09:33 3 MATTER TOTAL: 3.52 GRAND TOTAL: 3.52 TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.00 ENTRIES POSTED 2 $3.52 FIRM ENTRIES $.00 TOTAL: 2 $3.52 Page: I Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 2.20 SCOST LA P 279015 080806 b Lf 5507 DIANE F 1.32 SCOST LA P 5507 DIANE F 3.52 3.52 279015 080806 b_If Sep 14 2006 13.07:23 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 24274492 162410 211 072006 PHJW 4.84 1.00 USER -DEFINED FIELD 1: DIANE FOWLER USER -DEFINED FIELD 2: 5507 DESCRIPTION: User: 1SCC Batch: 1T46 Time: 15:12 Duration: 00011.00 Phone Number: 3052963141 3052963141 15:12 11 GRAND TOTAL: 4.84 TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.00 ENTRIES POSTED 1 $4.84 FIRM ENTRIES $.00 TOTAL: 1 $4.84 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 4.84 SCOST LA P 279015 080806 b if 5507 DIANE F 4.84 Sep 14 2006 13:08:19 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 24333794 163186 211 080306 PHJW 5.72 1.00 USER -DEFINED FIELD 1: Paster, ELisa USER -DEFINED FIELD 2: 6128 DESCRIPTION: User: 1ATT Batch: 1T60 Time: 09:27 Duration: 00013.00 Phone Number: 2083876112 2083876112 09:27 13 GRAND TOTAL: 5.72 TOTAL VALID ENTRIES $.00 INVALID ENTRIES : $.00 ENTRIES POSTED 1 $5.72 FIRM ENTRIES $.00 TOTAL: 1 $5.72 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 5.72 SCOST LA P 278905 080806 6128 Paster, 5.72 Sep 14 2006 13:09:01 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 24163246 160985 211 062306 PHJW 8.36 1.00 USER -DEFINED FIELD 1: Freilich, Robert USER -DEFINED FIELD 2: 6314 DESCRIPTION: User: 1ATT Batch: 1T19 Time: 10:11 Duration: 00019.00 Phone Number: 7039938054 7039938054 10:11 19 GRAND TOTAL: 8.36 TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.00 ENTRIES POSTED 1 $8.36 FIRM ENTRIES $.00 TOTAL: 1 $8.36 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Bate Modified Optr. 8.36 SCOST LA P 278905 080706 b_acs 6314 Freilic 8.36 Sep 14 2006 13:09:41 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 24427985 164466 211 083006 PHJW 3.96 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T19 Time: 10:23 Duration: 00008.00 Phone Number: 3052965676 3052965676 10:23 8 GRAND TOTAL: 3.96 TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.00 ENTRIES POSTED 1 $3.96 FIRM ENTRIES $.00 TOTAL: 1 $3.96 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 3.96 SCOST WDC P 280548 083106 1842 Howard, 3.96 Sep 14 2006 13:10:37 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 24132632 160668 211 061606 PHJW 7.48 1.00 USER -DEFINED FIELD 1: Freilich, Robert USER -DEFINED FIELD 2: 6314 DESCRIPTION: User: 1ATT Batch: 1T12 Time: 13:40 Duration: 00017.00 Phone Number: 3057973927 3057973927 13:40 17 GRAND TOTAL: 7.48 TOTAL VALID ENTRIES $.00 INVALID ENTRIES : $.00 ENTRIES POSTED : 1 $7.48 FIRM ENTRIES $.00 TOTAL: 1 $7.48 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 7.48 SCOST LA P 278905 080706 b_acs 6314 Freilic 7.48 Sep 14 2006 13.11.45 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 24416767 164353 211 082806 PHJW 0.44 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T17 Time: 12:21 Duration: 00001.00 Phone Number: 8504143817 8504143817 12:21 1 24416768 164353 211 082806 PHJW 0.44 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T17 Time: 09:27 Duration: 00001.00 Phone Number: 3054513951 3054513951 09.27 1 24416769 164353 211 082806 PHJW 0.44 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T17 Time: 10:37 Duration: 00001.00 Phone Number: 3052923433 3052923433 10:37 1 24416770 164353 211 082806 PHJW 0.88 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T17 Time: 10:34 Duration: 00002.00 Phone Number: 3052923576 3052923576 10:34 2 MATTER TOTAL: 2.20 GRAND TOTAL: 2.20 TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.00 ENTRIES POSTED : 4 $2.20 FIRM ENTRIES $.00 ------------------------------------------ TOTAL: 4 $2.20 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 0.44 SCOST WDC P 280221 082906 1842 Howard, 0.44 SCOST WDC P 1842 Howard, 0.44 SCOST WDC P 1842 Howard, 0.88 SCOST WDC P 1842 Howard, 2.20 2.20 280221 082906 280221 082906 280221 082906 PAL€L, HASTINGS, JANOFSKY & WALKER LLP 515 South Flower Street, 251h Floor, Los Angeles, CA 90071-2228 telephone 213-683-60001 facsimile 213-627-07051 internet www,paulhastings.com Atlanta/ Beijing/ Brussels/ Hong Kong/ London/ Los Angeles/ Milan/ New York/ Orange County/ Palo Alto/ Paris/ San Diego/ San Francisco/ Shanghai/ Stamfordl Tokyo/ Washington, D.C. Pau lHas trngs Monroe County August 16, 2006 P.O. Box 1026 Key West, FL 33041-1026 Please refer to Invoice Number: 1539226 Attn: Suzanne Hutton PHJ&W Tax ID No. 95-2209675 SUMMARY SHEET Galleon Bay Corp. PHJ&W LLP File# 58551-00003 Robert H. Freilich Legal fees for professional services for the period ending July 31, 2006 $12,410.00 Costs incurred and advanced 8,371.84 Current Fees and Costs Due $20,781.84 Prior Balance Due $320,973.65 Total Balance Due Note the change in the Wiring Instructions Wiring_ Instructions: Bank of America ABA # 0260-0959-3 CHIPS Address: 0959 Swift Code: BOFAUS31\T 100 West 33rd Street Ne,,v York, New York 10001 Account Number: 14599-04796 Account Name: Pail, Hastings, Janofsky & Walker LLP Comment: Please refer to the invoice number listed above. $341,755.49 Remittance Address: Paul, Hastings, Janofsky & Walker LLP 515 South Flower Street 25th Floor Los Angeles, CA 90071-2228 Refer all questions to Carol Brich at (213) 683-5039, or carolbrich@paulhas6ngs.com. �% PAUL, HASTINGS, JANOFSKY & WALKER LLP 515 South Flower Street, 25" Floor, Los Angeles, CA 90071-2228 telephone 213-683-6000 / facsimile 213-627-07051 internet www,paulhastings.com Atiantal Beijing/ Brussels/ Hong Kong/ London/ Los Angeles/ Milan! New York/ Orange County/ Palo Alto/ Paris/ San Diego/ San Francisco/ Shanghai! Stamford! Tokyo/ Washington, D.C. Paul Hastings Monroe County August 16, 2006 P.O. Box 1026 Ivey West, FL 33041-1026 Please refer to Invoice Number: 1539226 Attn: Suzanne Hutton PHJ&W Tax ID No. 95-2209675 REMITTANCE COPY Galleon Bay Corp. PHJ&W LLP File# 58551-00003 Robert H. Freilich Legal fees for professional services for the period ending July 31, 2006 Costs incurred and advanced Current Fees and Costs Due Prior Balance Due Total Balance Due Note the change in the Wiring Instructions Wiring Instructions: Bank of America ABA # 0260-0959-3 CHIPS address: 0959 Swift Code: B0FAUS3N 100 Nest 33ni Street New York, New York 10001 ;account Number: 14599-04796 Account Name: Paul, Hastings, Janofsky & Walker LLP Comment: Please refer to the invoice number listed above. $12,410.00 8,371.84 $20,781.84 $3203,973.65 $341,755.49 Remittance Address: Paul, Hastings, Janofsky & Walker LLP 515 South Flower Street 25th Floor Los Angeles, CA 90071-2228 Refer all questions to Carol Btxch at (213) 683-5039, or carolbrich@paulhastings.com. Monroe County 58551-00003 Invoice No. 1539226 Invoice Invoice Date Number REMITTANCE COPY (cons.) Summary of Prior Balance Due Payments/ Amount Trust Appl. Page 2 Credits Balance Due 04/24/06 1514537 $28,689.65 $3,510.45 $0.00 $25,179.20 05/25/06 1521786 $31,186.72 $0.00 $0.00 $31,186.72 06/23/06 1528095 $122,173.66 $0.00 $0.00 $122,173.66 07/14/06 1531413 $25,970.86 $0.00 $0.00 $25,970.86 07/24/06 1534950 $116,463.21 $0.00 $0.00 $116,463.21 Total Prior Due $320,973.65 Balance Due $341,755.49 PAUL, HASTINGS, JANOFSKY & WALKER LLP 515 South Flower Street, 25'h Floor, Los Angeles, CA 90071-2228 telephone 213-683.6000 / facsimile 213-627-0705 I intemet www.paulhastings.com Atlanta/ Beijing/ Brussels/ Hong Kong/ London/ Los Angeles/ Milan/ New York/ Orange County/ Palo Alto/ Paris! San Diego/ San Francisco/ Shanghai/ Stamford/ Tokyo! Washington, D.C. Pali Hustings Monroe County P.O. Box 1026 Key West, FL 33041-1026 Attn: Suzanne Hutton FOR PROFESSIONAL SERVICES RENDERED for the period ending July 31, 2006 Galleon Bay Corn. Date Timekeeper 07/05/06 Robert H. Freilich 07/06/06 Ehsa Paster 07/06/06 Robert H. Freilich Description Review plaintiffs' proposed final judgment Telephone conference with J. Glogau and R. Freilich; review letter to court Review and revise final judgment; telephone conference xvith J. Glogau regarding same August 16, 2006 Please refer to Invoice Number: 1539226 PHJ&W Tax ID No. 95-2209675 $12,410.00 Hours Rate Amount 2.80 425.00 $1,190.00 0.50 425.00 $212.50 2.00 425.00 $850.00 Monroe County Page 2 58551-00003 Invoice No. 1539226 Date Timeleet�er Description Hours Rate Amount 07/10/06 Derek V. Howard Review letter from J. 1.80 425.00 $765.00 Mattson to Judge Payne regarding final judgment and proposed final judgment; review correspondence by and between J. Glogau, L. Raleigh, R. Shillinger and R. Shine regarding alternate versions of final judgment and resolution of third party issues; prepare correspondence to J. Glogau regarding defendants' proposed final judgment; review correspondence and voice message from T. Marr regarding payment of expert witness fees and prepare response thereto; conference with J. Glogau regarding proposed final judgments 07/ 10/06 Robert H. Freilich Telephone conference with 0.50 425.00 $212.50 J. Glogau 07/ 11/06 Derek V. Howard Review proposed Order 0.80 425.00 $340.00 Denying Defendants' Joint Motion to Reconsider the Court's Amended Liability Order drafted and circulated by J. Mattson, prepare correspondence to R. Shillinger, J. Glogau & R. Freilich regarding same 07/12/06 Robert H. Freilich Review judgment letter to 2.80 425.00 $1,190.00 judge; review and revise proposed order denying motion to reopen liability 07/13/06 Robert H. Freilich Review proposed order 1.50 425.00 $637.50 denying motion to reopen liability Monroe County 58551-00003 Invoice No. 1539226 Date Time keener 07/17/06 Derek V. Howard 07/ 17/06 Robert H. Freilich 07/18/06 Derek V. Howard 07/19/06 Derek V. Howard 07/19/06 Robert H. Freilich Descri tion Review trial and hearing transcripts; prepare correspondence to W. Sexton regarding transcripts; conference call with J. Glogau regarding resolution of post -trial issues; legal research regarding same Review final judgment and memorandum from J. Mattson Review transcript of May 31 hearing for rulings on temporary taking damages; prepare correspondence to J. Glogau and R. Freilich regarding same; conference calls with J. Glogau and R. Freilich regarding entry of final judgment; conference call with J. Mattson regarding same; conference call with K. Rupp regarding scheduling of hearing to resolve post -trial issues Conference call with J. Glogau, R. Freilich, J. Mattson regarding entry of final judgment; conference call with K. Rupp regarding same, scheduling hearing on calculation of temporary taking damages; prepare correspondence to J. Glogau, R. FreiEch & J. Mattson regarding same Analyze final judgment alternatives and strategies; telephone conference with I regarding final judgment Page 3 Hours Rate Amount 4.70 425.00 $1,997.50 2.40 425.00 3.10 425.00 1.90 2.40 425.00 425.00 $1,020.00 $1,317.50 807.50 $1,020.00 Monroe County Page 4 58551-00003 Invoice No. 1539226 Date Timekeeper Description Hours Rate Amount 07/27/06 Robert H. Freilich Analyze Bert Harris case in 1.20 425.00 $510.00 5th DCA 07/31/06 Robert H. Freilich Analyze market rate 0.80 425.00 $340.00 testimony Total Fees 29.20 $12,410.00 Timekeeper Summary Robert H. Freilich 16.40 hours at $425.00 Derek V. Howard 12.30 hours at $425.00 Elisa Paster . 0.50 hours at $425.00 For Costs Incurred and Advanced Airfare 1,779.80 Meals 72.75 Lodging 1,087.15 Courier Service 197.40 Tau/Ground Transportation 91.00 Long Distance Telephone Charges 57.64 Photocopy Charges 1.00 Parking 15.00 Outside Professional Services - - David Edlow, Inv #060606RHF dtd 06/06/06, Prof. 2,465,00 services from 5/24/06 thru 06/06/06 for 29 hrs @ $85.00/hr. Outside Professional Services - - Paul S. Black & Associates, Inc.#071106RF, 07-11-06, 2,605.10 worst done by expert for period 5/25-5/31/2006 Total Costs $8,371.84 Monroe County 58551-00003 Invoice No. 1539226 Current Fees and Costs Due Prior Balance Due Total Balance Due Page 5 $20,781.84 $320,973.65 $3415755.49 Paul, Hastings, Janofsky as Walker LLP Supporting Documentation for Disbursements Monroe Count....N Tab # Matter Name PHJW Number Inv. # Amount Description 1 Galleon Bay Corp. 58551-00003 1,779,80 Airfare 2 Galleon Bay Corp. 58551-00003 1,087.15 Lodging 3 Galleon Bay Corp. 58551-00003 197.40 Courier Service 4 Galleon Bay Corp. 58551-00003 91.00 Taxi/Ground Transport. 5 Galleon Bay Corp. 58551-00003 5,070.10 Outside Profess. Service 6 Galleon Bay Corp. 58551-00003 57.64 Long Dist. Tel. Charges 7 Galleon Bay Corp. 58551-00003 1.00 Photocopy Charges 8 Galleon Bay Corp. 58551-00003 15.00 Parking 8,299.09 Total Paul, Hastings, Janofsky & Walker LLP EXPENSE REIMBURSEMENT FORM DATE SUBMIITED:_July 7, 2006 EMPLOYEE NAME: Robert H. Freilich OFFICE: ,Los Angeles__ PAYMENT TYPE: LIVE CHECK Q DIRECT DEPOSIT RECEIVED 6f AUNTS MAKE Attach here, ORIGINAL receipts for all amounts greater than $25. Copies of charge slip 2005 JUL 12 PH C received with American Express statements are not acceptable. Without the original receipts, expenses will not be reimbursed. RECEIvED JUL 0 7 2006 AN RESOURCESao Ru�l 1522653 DATE I (include businesspurpose, fnames, and location) i ION I CLIENT CHR GEC I MENT AMOUNT REIMBURSE- I APPRBY OVED I617/06 jAir fare from Key West, FL to LAX 158551.00003 jo l I 490.60K AWILJ NOT VALID FOR TRAVEL NOT VALID FOR TRANSPORTATION Mi 2 001 2176298688 C1 V v AMM 164 ONI ELECTRONI 1 001 2176298688 4 cr Lu 96 Z� La hd t Paul, Hastings, Janofsky & Walker LLP EXPENSE REIMBURSEMENT FORM DATE SUBMITTED: July 7, 2006 EMPLOYEE NAME: Robert H. Freilich OFFICE- Los Angeles___ PAYMENT TYPE: LIVE CHECK ❑ DIRECT DEPOSIT RECEIVED, 6� e ACMUNT5IRA''.A E Attach here, ORIGINAL receipts for all amounts greater than $25. Copies of charge slip 20 L 2 1 a 0 25received with American Express statements are not acceptable. Without the original receipts, expenses will not be reimbursed. mceivED 1AUMAN RESOURCES �� o 1522653 DATE DESCRIPTION (include business purpose, names, and location) CLIENT MATTER/ FIRM CHARGE REIMBURSE- MENT AMOUNT APPROVED BY 6/3106 Air fare Washington, DC to Key West, Florida for R. Freilich and D. Howard 58551.00003 1� t 1289.2 CASH ADVANCED TO (Employee #09011. ) $0.00 BALANCE DUE FIRM (Check enclosed) $0.00 BALANCE DUE EMPLOYEE • � `Travel Advisors .` �t .t�l'!� 1!\ A•�' ! �. 4'1 Y i•! ,F. Srl-, PAGE NO.. 1. 7930 Gee Boulevard 801 N.E. Lakewood Blvd Leawood, Kansas 66206 Lee's Summit, Missouri 64064 (913) 649-6266 (816) 373-2900 CUSTOMER COPY (800) 745-6260 (800) 264-5210 FAX (913) 649-0179 FAX (816) 373-7004 T0: ROBERT H., FRE:LLICH 2220 AVENUE: OF THE STARS APT 1805 LUS AI+ICaC:LES CAC 90067 Traveler. 1 n FREILICH/RO-SERT , H 2 w HQWA1;:jn/:J:IE F JzV, _ TERMS: NET 10 DAYS N,r THE ITEMS SHOWN BELOW REPRESENT AN IMMEDIATE TRANSFER OF t u x t r 4 _ Aj ; FUNDS FROM OUR AGENCY TO THE PARTICIPATING CARRIERS UPON � � �a ' ' ` . ISSUANCE OF TICKETS. I�A� ACCOUNTS FAST DUE ARE SUBJECT TOAFINANCE CHARGE DFih�f}f"IAYt}�! PER MONTH, ANNUAL RATE 16%. r'II IP ArtMr:V WAC A DV'WTTfl DGTAIAI A/`CAIPV ❑CLrC 1H= }A _ GITYf`414F' RIT ' s s• F y 7!4 -ayes r '1 1.888 S P�IICE1AI NoIiNT. s ; A -3 JUM _V WAS/R . RE-AtaAN NA t IT 1, f.r.-. 15 t R TAMPA 3.059A 1 cS OP 734 F'E'RATED PY US AIRWAY — IJ6117 A 3A JUN V i AMPA .r'?. 0P UNITI-Ji 9 ,98B OK R KEY WEST 135 t 8 1't. p RI;:1. 1PERATEIi BY 1cL1I.J: STRE'A /C0 CO 1t EC'I TON G'09292 TIC1:1Fy-T �lIl1�ItPE'}R(S) 61�:{:�04)50yh6;�(4-62!!i i•1FRVTf*F: f=ET' i'E1.0v (0 I3 081..1.�l07:{cf�i'7-5; 0 ATR FARE 1:Lt)5 12 TOTAL_ AIR FARE 1229,20 SERVICE FEE. 60.00 AMOIJMT CHARD O 1287.20 THIS S PY1OIJNT WILL )RE CHARGE.TI TO C �FTJITT C RTt: AX XXXX XX XXX X100T WE AT TRAVE . AliViSf.)r4s VALUE YOUR n n n, .s w n n, n, w, n p• n n w n w .i � w. w n r n x[ n n� n a n n PLEASE R1= V 3J--. 1 YOUR ITINERARY FOR AC[:IJRAC Y . PE IA11_ IE'SA P CHANGE FEES "JAY APPLY 24 01JR5 AFTER T T. a I<E 1 1.NG G. OEO`EKAER '21 2006 U. . PASS)FORTS t IA-1_ Tot;: RE I1TREr.1 J'OR ALL THTERNATIONA .. 1RAVEI...**x- THANK YOU F09 YOUR 8U SI9+3I-GS) l3U NUT oESTROY TICKETS, THEY MAY HAVE EXCHANGE OR REFUND VALUE. PLEASE RECONFIRM FLIGHT INFORMATION DIRECTLY WITH [-ARRIFRA Code; A-Atr H-Hotel C-Ou T-Tour 8 Surface V-OtherTravel SmIces Class: F A-Frst Y.B,H,T-Coach S-Standard K-Eoommy Stetus: OK -Confirmed RO-Request YYI •Wait iisl CASH CHARGE CARD ADVANCE REFUND REFUND REFUND CREDIT717�= I ICHEDU DEP.DISB. CASH CHECK CREDITMEM4 VOI ACCT.DEF. CK.# .j P x t1n S_ "I *NOT VALID*-F.0R**0 YFis':'.f g 00 .. :-4 4 3 19 92 114534 76W"Vy 9R, 016 13114506625 31 0440:j - - I N G;. 'A `W&4-0,� WI k t-u A t ADA ". -V R:S: Z." E-A KnMi M4 -jid RT.4-7-M- 07"tf ;V�IWOT' V.ALI O.,f'OR*0—'wi 10,uilkiim A A 0411! AT 1"0 R " -ax W.Txm cx -AV F lft-.VJU. -A 19 9 2 114490 016 13][145O6L24 2 01. J 11del Af Iek?,. .... ........ .... ....... . .. ,WfM6/R08E91'-fl .ATPA' "k, Ey UA9598l3'ff3JJJNRz, ,A. 44 4, A L I JOR,� TRAVE Continental Airlines Game:FREILICH/ROBER Date* o:3juN 7 OnePass: Mileage: Fll9ft CO 9292Y UANE9598 Gate: A A I—sea-L-G F Depart: 1220P TAMPA Arrive: I 35P KEYWEST Board Time: 11 45A tMiRREK TTP.AEYV'U'A95986 SOOM ."NOY'VA UD FOR TRAVEL 304 Name: HOWARD/DEREK Date, 03JUN OncPass: Mileage;: Flight CO 9292Y UAA-9598 Gate: Depart I 220P TAMPA Arrive- 1:35P KEYWEST Board Time: 11 45A Paul, Hastings, ,lanofsky & Walker LLP EXPENSE REIMBURSEMENT FORM DATE SUBMITTED: July 7, 2006 EMPLOYEE NAME: Robert H. Freilich OFFICE: Los Angeles PAYMENT TYPE: LIVE CHECK Q DIRECT DEPOSIT MKS MKI E Attach here, ORIGINAL receipts for all amounts greater than $25. Copies of charge slip 200-JUL 12 PM 12" 25received with American Express statements are not acceptable. Without the original receipts, expenses will not be reimbursed. JUL 07Z"' UUMAN RESOURCES � aa3oi o VI�IINIVI�OINIW 1522653 DESCRIPTION (include business purpose, names, and location) CLIENT MATTERI FIRM CHARGE REIMBURSE- MENT AMOUNT APPROVED DATE 613-619106 Hotel (Southernmost House) 58551,00003 1087.1 CASH ADVANCED TO (Employee #09011. ) $0•00 BALANCE DUE FIRM (Check enclosed) $0.00 BALANCE DUE EMPLOYEE T MT V UHT' Reom: 102 Stay.06/03-06109 Weekday: 195.00 Name.: Freitiah, Robert Weekend: 245.00 Southernmost Horse 1400 Duval Street Keay West, FL 33040 Car Check in Check Out Adults/Child 06/03/2006 Sat 06/09/2006 Fri Ito Weekday: Weekend: Tax Exempt 195.00 245.00 No Conf #: Room/Room Type 698E 102 (#102 QUEEN, Poolside Cabana Suite) Payment Information CCO 4266-8510-4202-3694 02109 Key Deposit75.00 Phone Deposit Room Deposit: # of keys: Printed: 0610312006 at 02:07 PM Phone Extension: 102 Total Room: } 1,220.00 Other Charges: 0.00 Total Tax: 140.33 Total Stay: 1,360.33 Payments: 4,360.33 Balance Niue: 0.00 PAYMENT INFORMATION AND AUTHORIZATION: By my signature below I authorize the Southernmost House to charge the daily rate and 11.5% sales and bed taxes, plus any other incidentals incurred on my accountto the credit card presented upon check in.❑ WARNINGS: The swimming pool is unattended and swim at your own risk! Ocean access is DANGEROUS! GARNI NGS: : IMPORTANT INFORMATION: 1) Your card Ivey will open the front door to the mansion and the door to your room. Arrows should face left and point down. ❑❑❑ 2) All of our rooms are nonsmoking. Guests who. smoke in their rooms will be charged a $100.00 deep cleaning fee. 3)There is one parking spot for each room. To ensure that everyone has a parking place please pull all the way up to the bumper and make sure you are only using ONE (1) parking spot. 4) Upon check in you will receive: a) one metal gate key b) one gate remote c)two card keys (rooms 101, 102 &103 have a single metal key) There is a $75.00 charge for lost keys and gate openers. ❑❑❑❑L❑❑❑✓ ODDK❑❑ i X Signature: Delivery Service Invoice Invoice date .tune 3, 2006 Invoice number 000OA7V781226 Shipper number A7V781 Outbound UPS Online Shipping Tool (continued Pickup Date Tracking Number Service ZIP . Published Incentive Code Zone Weight Charge Credit Billed Charge 06102 1 ZA7V7814491211616 Next Day Air Commercial 33040 105 10 51.80 -27.09 24.71 Delivery Area Surcharge 1.30 1.30 Saturday Delivery 12.50 12.50 Fuel Surcharge 8,20 -3,39 4.81 Total 73.80 -30.48 43.32 ist rot : 58551.00003, 1 OF THREE BOXES 2nd rot : MOMITCHELL Mitchell, Moni ca LiserlD : PSS-xD1xSETpbE Sender : Monica Mitchell Receiver: Derek Howard clo Bob Paul, Hastings, Janofsky a Walker Monroe County Attomey's Office 875 15th Street, N.W_ Assistant County Attorney Washington DC 20005 Key West FL =40 uQs Outbound UPS {online Shin mho Tool {continued Delivery Service Invoice Invoice date June 3, 2006 Invoice number 000OA7V781226 Shipper number A7V781 Page 19 of 29 Pickup ZIP Published incentive Billed Date Tracking Number Service Code Zone Weight Charge Credit Charge 06102 1 ZAN781 A387556318 Next Day Air Commercial 33040 105 10 51.80 -27.09 24.71 Adult Signature Required 3.25 3,25 _ .......... .. .....Delivery -Area Surcharge ............ ................ ........ ._.._..__......_.......... 1•,30 - 1.30. Saturday Delivery 12.50 12.50 Fuel Surcharge 8.20 -3,39 4.81 Total 77.05 -30.48 46.57 ist tef : 58551.00003, 2 OF THREE BOXES 2nd ref : MOMITCHELL Mitchell, Moni ca UserlD : PSS-xDlxSETpbE Sender :Monica Mitchell Receiver: Derek Howard c/o Bob Paul. Hastings, Janofsky & Walker Monroe County Attorney's Office 875 15th Street, N.W. Assistant County Attor ney Washington DC 20005 Key West FL 33040 Delivery Service invoice Invoice date dune 3, 2006 Invoice number 0000AM81226 Shipper number A7V781 Outbound UPS Online Shipping Tool (continued Pickup Date Tracking Number Service ZIP Published Incentive Code Zane Weight Charge Credit Billed Charge 06102 1 ZA71i781 A399730929 Next Day Air Commercial 33040 105 10 51.80 -27.09 24,71 Adult Signature Required 3,25 3.25 Delivery Area Surcharge 1.30 1.30 Saturday Delivery 12.50 12.50 Fuel Surcharge 8.20 -3,39 4.81 Total 77.05 -30.48 46.57 1st ref : 58551.00003, 3 OF THREE BOXES 2nd ref : MOMITCHELL Mitchell, Moni ca Usedl) : PSS-xDlxSETpbe Sender : Monica Mitchell Receiver: Derek Howard clo Bob Paul, Hastings, Janofsky & Walker Monroe County Attorney's Office 975 15th Street, N.W. Assistant County Attar nay Washington DC 20005 Key West FL. 33040 00218 451168 Delivery Service Invoice Invoice date June 3, 2006 Invoice number 000OA7V781226 Shipper number A7V781 Page 19 of 29 Outbound UPS Online Shipping Tool continued Pickup ZIP Published Incentive Billed Date Tracking Number Service Code Zone Weight Charge Credit Charge 06102 1ZA7V781A397148134 Next Day Air Commercial 33040 105 10 51.80 -27.09 24.71 — Adult Signature Required 3.25 3.25 — /// Delivery Area Surcharge 1.30 1.30 = / Saturday Delivery 12.50 12.50 /{ Fuel Surcharge 8.20 -3.39 4.81 Total 77,05 -30.48 46,57 = 1st ref : 58551.00003, 1 OF THREE BOXES 2nd ref : MOMITCHELL Mitchell, Mont ca = Userlp : PSS-xD1xSETpbE Sender . Monlca Mitchell Receiver: Derek Howard c/o Bob Paul, Hastings, Janofsky & Walker Monroe County Attorney's Office = 876 15th Street, N.W. Assistant County Attor ney Washington DC 20005 Key West FL 33040 AAM Delivery Service Invoice Invoice date June 3, 2006 Invoice number 0004A7V7$1226 Shipper number A7V781 Outbound UPS Online Shiminq Tool (continued Pickup - Data Tracking Number Service ZIP Published Incentive Cade Zone Weight Charge Credit Billed Charge 06102 1ZA7V7814491806993 Next Day Air Commercial 33040 105 10 51.80 -27.09 24.71 Delivery Area Surcharge 1.30 1.3o Saturday Delivery 12.50 12.50 Fuel Surcharge 8.20 -3-39 4.81 Total 73.80 -30.48 43.32 #st ref : 68661.00003, 1 OF THREE BOXES 2nd re} : MOMiTCHELL Mitchell, Moni ca UsetID : PSS-xD]xSETpbE _-,---•.- - -- Sender : Monica Mitchell Receiver: Derek Howard c/o Bob Paul, Hastings, Janofsky & Walker Monroe County Attorney 's Office 875 15th Street, N.W. Assistant County Attor nay Washington DC 20005 Key West FL 33040 'ups Delivery Service Invoice Invoice date June 10, 2006 Invoice number 0000A7V781236 Shipper number A7V781 Page 26 of 30 Adjustments & Other Charges Shipping Charge Corrections Learn how to avold future shipping charge corrections, Visit www.ups.com/avoidcharges. Pickup Tracking Original Service/ ZIP Published Incentive Billed Adjustment Date Number Corrected Service Code Zone Weight Charge Credit Charge Amount 06102 1ZA7V7814494952203 Next Day Air 33040 105 10 51.80 -27.09 24.71 Next Day Air 33040 105 22.0 77.70 -40.64 37.06 Fuel'Surcharge 3.23 -1.69 1.54 13.89 1st ref: 58551.00003, 1 OF THREE BOXES 2nd ref : MOMITCHELL Mitchell, Monica Sender : Receiver: Derek Howard do Bob PAUL HASTINGS, JANOFSKY 8 WLKR Monroe County Attorney 's Office WASHINGTON DC 20005 Key West FL 33040 Delivery Service Invoice Invoice date June 10, 2006 Invoice number 0000A7V781236 Shipper number A7V781 Page 29 of 30 Void Credits UPS Online Shipping Tool Voids Pickup Void Number of Published Incentive Refund Date Date Tracking Number Service Packages Charge Credit Amount 612 613 17A711761 A397556318 Next Day Air Commercial -1 -77.05 30.48 -46.57 ups Outbound UPS Online 5hiDDincl Tool (continued Delivery Service Invoice Invoice date dune 3, 2006 Invoice number 000GA7V781226 Shipper number A7V781 Page 20 of 29 Pickup -- Date Tracking Number Service ZIP Published Code Zone Weight Charge Incentive Credit Billed Charge 06/02 1ZA7V7814494952203 Next Day Air Commercial 33040 105 10 51,80 -27.0g 24.71 Delivery Area Surcharge 1.30 1.30 Saturday Delivery 12.50 12.50 Fuel Surcharge 8.20 -3.39 4.81 Total 73.80 -30.48 43.32 1st rot : 58551.00003. 1 OF THREE BOXES 2nd ret : MOMITCHELL Mitchell, Moni ca Userli) : PSS-xDlxSETpbE Sender : Monica Mitchell Receiver: Derek Howard c/o Bob Paul, Hastings, Jano(sky & Walker Monroe County Attorney 's Office 875 15th Street, N.W. Assistant County Attor ney Washington DC 20005 Key West FL 33040 rra�-2x {srnsy Inbound Return Services Returns on the Web Transaortation Return Services Returns on the Web Label Surcharge Requested D Date Tracking Number Service Published Incentive Billed Zone Weight Charge Credit Charge 06/02 1ZA7V7818498468306 Web Return Label 1.50 1.50 1st rot: 68551.00003, 1 OF THREE BOXES 2nd rot : MOM ITCHELL Mitchell, Moni ca Requested By.- Shipped From; Derek Howard c/o Bob PAUL HASTINGS, JANOFSKY & WLKR Monroe County Attorney's Office. 875 15TH ST Assistant County Attorney WASHINGTON DC 20005 Key West FL 33040 Returned To: Monica Mitchell Paul, Hastings, Janofsky & Walker 875 15th Street, N.W. Washington DC 20005 1ZA7V7818498468306 Web Retum Label -1.50 -1.50 Yst tef: 58551.00003, 1 OF THREE BOXES 2nd rel : MOM ITCHELL Mitchell, Moni ca Requested By; Shipped From: Derek Howard c% Bob PAUL HASTINGS, JANOFSKY & WLKR Monroe County Atlomey's Office 875 15TH ST Assistant County Attorney WASHINGTON DC 20005 Key West FL33040 Returned To: Monica -Mitchell Paul, Hastings, Janofsky & Walker 875 15th Street, N.W. Washington DC 20005 LMelivery Service invoice Invoice date June 10, 2006 Invoice number 000OA7V781236 Shipper number A7V781 Page 29 of 30 Void Credits SIPS Online Shipping Tool Voids Pickup Void Number of Pubiished incentive Refund Date Date Tracking Number Service Packages Charge Credit Amount 612 613 1ZA7V78IA397148134 Next Day Air Commercial -1 -77AS 36.48 -46.67 Delivery Service Invoice Invoice date June 10, 2006 Invoice number 000OA7V781236 Shipper number A7V781 Page 29 of 30 Void Credits UPS Online Shipping Tool Voids Pickup Vold Number of Published Incentive Refund Date Date Tracking Number Service Packages Charge Credit Amount 612 6/3 iZA7V78tA399730929 Next Day Air Commercial -4 -77.05 30.48 •46.57 ups Delivery Service invoice Invoice date June 10, 2006 Invoice number 00DOA7V781236 Shipper number A7V781 Page 26 of 30 Adjustments & other Charges Shipping Charge Corrections team how to avoid future shipping charge corrections. Visit www.ups.comlavoidcharges. Pickup Tracking Original Sory W ZIP Coda Zone Welght Published Incentive Billed Adjustment Charge Credit Charge Amount Date Number Corrected Service 06/02 iZAW78144918osM Next Day Air 33040 105 10 51.80 -27.09 . 24,71 46.94 Next Day Air 33040 105 32.0 98.40 -51.46 2.78 25.01 Fuel Surcharge 5.82 -3.04 #st ref: 58551.00003, 1 OF THREE BOXES 2nd ref : MOMITCHELL. Mitchell, Moni ca Sender : Receiver: Derek Howard c/o Bob. PAUL HASTINGS, JANOFSKY & WLKR MonroG CountyAtt ey's Mce WASHINGTON DC 20005 Key WesCtou Defivery Service invoice Invoice date .tune 10, 2006 invoice number 000OA7V781236 Shipper number A7V781 Page 26 of 30 Adjustments & Other Charges Shipping Charge Corrections Learn how to avoid future shipping charge corrections. Visit www,ups.com/avoidcharges. Pickup Tracking Qriginal Service/ ZIP Zone Weight Published Incentive Billed Ac�ustment Charge credit Charge Amount Date Number Corrected Service Code 06/02 17A7V7814491211616 Next Day Air 33040 105 10 35,0 51.80 -27.09 24.71 105.00 -54.92 50,08 Next nay Air 33040 105 5.65 -3.48 3.17 28.54 Fuel Surcharge '1st ref: 58651.00003, 1 OF THREE BOXES 2nd ref : MOMITCHELL Mitctie3l, Moni ca Sender : Receiver: Derek Howard c% Bob PAUL HASTINGS, JANOFSKY & WLKR Monroe County Attorney's Office WASHINGTON DC 20005 Key West FL. 33040 I Paul, Hastings, ,Ianofsky & Walker LLP EXPENSE REIMBURSEMENT FORM DATE SUBMITTED: July 7, 2006 EMPLOYEE NAME: Robert H. Freilich OFFICE: _Los Angeles PAYMENT TYPE: LIVE CHECK ❑ DIRECT DEPOSIT ECEIVEID LJt MUNTS WLE Attach here, ORIGINAL receipts for all amounts greater than $25. Copies of charge slip 2006 JUL 12 P!} d 1225received with American Express statements are not acceptable. Without the original receipts, expenses will not be reimbursed. JUL 0 7 596 HUmAi4 RESOURCES � aa3oi o �IIIIIVI��N�I� 1522653 DESCRIPTION CLIENT MATTEFJ REIMBURSE- APPROVED DATE (include business purpose, names, and location) FIRM CHARGE MENT AMOUNT BY 6f7106 Taxi to Key West airport 58551.00003 �,� 10.00 CASH ADVANCED TO (Employee #09011. ) $0.00 BALANCE DUE FIRM (Check enclosed) $0.00 Signature 80014TH STREET -- KEY WEST, FL. 33040 24 HOUR DISPATCH LINES 305-292-6©OR 305-295-5555 AMOUNT 0f FARE: S 7 DATE OF TRANSPORT DRIVER NAME: DRIVER PE T CAB # FROM: A��"e 4�) 4 TO: f 05-- - — NUMBER OF PASSSNi3'VR$: I 4- 3 flo Ti P 4 , Paul, Hastings, ,Ianofsky & Walker LLP EXPENSE REIMBURSEMENT FORM DATESUBMITTED: July 7, 2006 EMPLOYEE NAME: Robert H. Freilich OFFICE:_ Los Ancieles PAYMENT TYPE: LIVE CHECK ❑ DIRECT DEPOSIT RECEI'kilJ 6f � AMWS PAYARE Attach here, ORIGINAL receipts for all amounts greater than $25. Copies of charge slip 2006'•: UL 12 PH 0 2 received with American Express statements are not acceptable. Without the original receipts, expenses will not be reimbursed. REDDENED ,lUL 0 7 N06 KU,MAN RESOURCES � aa3oi o 1522653 DATE DESCRIPTION CLIENT MATTER! REIMBURSE- APPROVED (include business purpose, names, and location) FIRM CHARGE MENT AMOUNT BY 6f7106 Taxi from LAX to home 58551.00003 40.0 CASH ADVANCED TO (Employee ##09011, ) $0 BALANCE DUE FIRM (Check enclosed) $0.00 BALANCE DUE EMPLOYEE -- B FARE RECEIPT dd Amou Date JL— -rdp Frdfn ti To Cab No _��Driver Paul, Hastings, Janofsky & Walker LLP EXPENSE REIMBURSEMENT FORM DATE SUBMITTED:_ July 7, 2006 EMPLOYEE NAME: Robert H. Freilich OFFICE: _Los Angeles PAYMENT TYPE: LIVE CHECK ❑ DIRECT DEPOSIT A LINTS PAME Attach here, ORIGINAL receipts for all amounts 20 ,_ �i Sgreaterthan $25. Copies of charge slip s received with American Express statements are not acceptable. Without the original receipts, expenses will not be reimbursed. 14UMAN RESOURCES ll 1522653 DATE DESCRIPTION (include business purpose, names, and location) CLIENT MATTER/ FIRM CHARGE REIMBURSE - MENT AMOUNT 615105 Taxi from hotel to courthouse 58551.00003 8.00 — CASH ADVANCED TO (Employee #09011. ) $0.00 BALANCE DUE FIRM (Check enclosed) $0,00 BALANCE DUE EMPLOYEE ployee Signature A ftlrax.067 CaJA!XL1RAATES # Akpob $7.50 per person Arpart SN1e Fare Meter Rates In Tow i Meter $2.75 first 115 55(; addl 115 Delive Service $I5 Key West Yoe driver Is:� Paul, Hastings, ianofsky & Walker LLP EXPENSE REIMBURSEMENT FORM DATE SUBMIT ED:_July 7 2006 EMPLOYEE NAME: Robert H. Freilich OFFICE: Los Angeles. PAYMENT TYPE: LIVE CHECK ❑ DIRECT DEPOSIT RECEIVED 6f MUNTS MAKI Attach here, ORIGINAL receipts for all amounts greater than $25. Gop€es of charge slip 200 JUL 12 PF? 0 25received with American Express statements are not acceptable. Without the original receipts, expenses will not be reimbursed. FZECFIVED JUL 07 Z.'6 "UMAN RESOURCES 1522653 DESCRIPTION CLIENT MATTER/ REIMBURSE- APPROVED DATE ("include business purpose, names, and location) FIRM CHARGE MENT AMOUNT BY 6/3/06 Taxi from hotel to Reagan Int'I Airport 58551.00003 4 Zrj' 25.00 CASH ADVANCED TO (Employee #09011. ) $0.00 $0.00 I 1 t �.TAXICY Time: Date: Qdgin of trip: C?, � A?j Uestxz�atian: rr Fare: Q Sign: RECEIPT 13166 —F—'rvA-' - fL- L-tcif ature Paul, Hastings, ,ianofsky & Walker LLP EXPENSE REIMBURSEMENT FORM RATE SUBMITTED: JuIY7,2006 EMPLOYEE NAME: Robert H. Freilich OFFICE:�Los Angeles PAYMENT TYPE: LIVE CHECK ❑ DIRECT DEPOSIT FIE00,1El e 6f AUNTS PPAK E Attach here, ORIGINAL receipts for all amounts C greater than $25. Copies of charge slip 200. JUL I received with American Express statements are not acceptable. Without the original receipts, expenses will not be reimbursed. REOF in07Z"' �s HUMAN s�sot�Rc NG ll 1522653 DESCRIPTION CLIENT MATTER/ REIMBURSE - DATE (include business purpose, names, and location) FIRM CHARGE MENTAMOUNT 615106 Taxi from courthouse to hotel — _.._._.._— 58551.00W3 _ 8.00 RECEIPT— CASH ADVANCED TO (Employee #09011. ) $0.00 t � BALANCE DUE FIRM (Check enclosed) $0.00 d lO 6 �' BALANCE DUE EMPLOYEE D' Cab # �- TAXI FATES pEayee Signature Apart Cab $7.50 per person Airport Single Fare Meter Rates In Town Meter $2.75 first 115 554 adi 1115 Delivery Service $15 in. Key West Your driver K. �+u 1.25 + 2.50 + 2.50 + 2-25 + 3*50 + ]•J0 + 2.00 + 50 + 7.30 + 2,00 + T-50 + 2.9.00 o 29.90 c+ 0.00 ^+ pq.00 x R•_n �405.0 a cn cn -v - O ��f III I� Illy I�il�co 1582101 BILLING INVOICE tf���jk}{�t fj ' 3 1.4YV � DATE: 6/12/2006 0 TO: ROBERT FREILICH I'AUL, HASTINGS5 Jt1NOFSI{Y 8c WALKER T r " 515 SOUTH BLOWER STREET LOS ANGELES, CA 90071 FROM: DAVID EDLOW RE: 58551.003 GALLEON BAY BILLING Attached you will find my Billings for Galleon Bay. These billings are not being submitted for payment through Stephen Moore as my Contract with him does not include work requested by others. As such I ask that payment be remitted, to me, at the earliest possible time. Please submit payment to: David Edlow 406 West 1" Street Carrollton Mo 64633 DAVID EDLOW 6/12/2006 Conhden6d 1 � t A + • • 1 GALLEON EON BAY: GALLEON BAY BILLING ' 1 Research jury Instructions CW RHF and SM\ Draft Opening Statement, Misc. Trial Issues Per RHF U5105/2006 2.0 CW RHF\ Research for Jury Instructions; Comp Sales issues Q6/06/2046 1.5 CW RHF Further Research on Comp sales issues and issue preclusion; results Total Hours: 29.00 Billable to Robert Freilicb c\o Paul Hastings 6/ 12/2006 Confidential 3 e � ' CHECK REQUISITION Payable to: Paul S. Black & Associates, Inc. Date- Date: July 11, 2006 (include all information to ACCOUNTS PAYABLE be typed on the face of Amount: $2605.10 check) JUL 2 7 2006 PAUL, HASTINGS Client Name; Galleon Bay v. Monroe County DESCRIPTION ACCOUNT # CLIENT/MATTER # AMOUNT (to be typed on check stub) work done by expert for period 5125-5/31/2006 58551-00003 $2605.10 Check Requested: (please check one) Ob Today By ❑ a.m. �� (Time) ❑ On or Before V' (Date) ❑ Other (Date) Requested by: Derek V. Howard ' Approved by responsible Attorney/Legal Assistant/Administrator: �✓ When check is completed: (please check one) ❑ Mail Check ❑ Mail Check with Attached Form(s) ❑ Return Check to: Gall When Ready: Please confirm by email when check is � mailed out Office: Washington, D.C. Ext.: 1946 Paul, Hastings, Janofsky & Walker LLP 875 .Fifteenth Street, N.W. Washington, D.C. 20005 Attn: Derek Howard, Esq. Paul S. Black & Associates, Inc. 7700 North Kendall Drive, Suite 506 Miami, Fla. 33156 Invoice June 1, 2006 Re: Galleon Bay Corp. and Hannelore Schleu v. Board of Commissioners ofMonroe County, Florida For Work Completed From May 25, 2006 Through May 3l, 2(106 Date Tasks Hrs. May 25, 2006 Reviewed appraisal prepared by R. Gallaher, Researched options 3.75 as utilized in the purchase of land, Prepared initial draft of letter in response to Gallaher's report. May 26, 2006 Researched USPAP reporting of options, Reviewed and edited letter response to Gallaher_ May 30, 2006 Continued research on relationship of option price and land value, Researched rates of return for DJIA and S&P 500, Tel/conf with R. Freilich, Conf/conf with D. Howard and R. Shillinger, Prepared for court. May 31, 2006 Continued research for use of options in land purchases, Tellconfs with C. Jones, J. Valera and M. Quinlivan, Total Fees: Expenses: Air to Key West Total Expenses Total Fees and Expenses 5.50 3.25 1.00 13.50 $242.60 Mate ]Fee $ 175.00 $656,25 175.00 962.50 175.00 568.75 175.00 175.00 $2,362.50 $242.60 S2,605.10 Aug 17 2006 14:48:40 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 24251250 162193 211 071706 PHJW 0.88 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T76 Time: 12:33 Duration: 00001.00 Phone Number: 8167280060 8167280060 12:33 1 24251251 162193 211 071706 PHJW 1.32 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T76 Time: 11:18 Duration: 00003.00 Phone Number: 3052811076 3052811076 11:18 3 24251252 162193 211 071706 PHJW 12.32 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T76 Time: 09:35 Duration: 00028.00 Phone Number: 8504143300 8504143300 09:35 28 24251277 162193 211 071706 PHJW 2.20 1.00 USER -DEFINED FIELD 1: Mitchell, Monica USER -DEFINED FIELD 2: 1946 DESCRIPTION: User: 3SEC Batch: 3T76 Time: 11.00 Duration: 00004.00 Phone Number: 3052940816 3052940816 11:00 4 24251278 162193 211 071706 PHJW 4.40 1.00 USER -DEFINED FIELD 1: Mitchell, Monica USER -DEFINED FIELD 2: 1946 DESCRIPTION: User: 3SEC Batch: 3T76 Time: 10:49 Duration: 00010.00 Phone Number: 3058527344 3058527344 10:49 10 MATTER TOTAL: 21.12 GRAND TOTAL: 21.12 Page: 1 Ledger Lac Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 0.88 SCOST WDC P 277118 071806 1842 Howard, 1.32 SCOST WDC P 1842 Howard, 12.32 SCOST WDC P 1842 Howard, 2.20 SCOST WDC P 1946 Mitchel 4.40 SCOST WDC P 1946 Mitchel 21.12 21.12 277118 071806 277118 071806 277118 071806 277118 071806 Aug 17 2006 14:48:40 PRECOST TABLE REPORT Page: 2 Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.00 ENTRIES POSTED : 5 $21.12 FIRM ENTRIES $.00 TOTAL: 5 $21.12 Ledger Loc Valid Pasting Date Mod. Amount Code Flag Batch Modified Optr, Aug 17 2006 14:49:10 PRECOST TABLE REPORT Contro€ Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 23932258 159078 211 050906 PHJW 20.68 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T10 Time: 14:11 Duration: 00047.00 Phone Number: 8504143817 8504143817 14:11 47 GRAND TOTAL: 20.68 TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.00 ENTRIES POSTED 1 $20.68 FIRM ENTRIES $.00 TOTAL: 1 $20.68 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 20.68 SCOST WDC P 277200 071806 b tyl 1842 Howard, 20.68 Aug 17 2006 14.50.17 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 24308559 162847 211 072806 PHJW 2.64 1.00 USER -DEFINED FIELD 1: Mitchell, Monica USER -DEFINED FIELD 2: 1946 DESCRIPTION: User: 3SEC Batch: 3T87 Time: 13:02 Duration: 00006.00 Phone Number: 3052923470 3052923470 13:02 6 24308560 162847 211 072806 PHJW 0.88 1.00 USER -DEFINED FIELD 1: Mitchell, Monica USER -DEFINED FIELD 2: 1946 DESCRIPTION: User: 3SEC Batch: 3T87 Time: 15:29 Duration: 00001.00 Phone Number: 8508940446 8508940446 15:29 1 MATTER TOTAL: 3.52 GRAND TOTAL: 3.52 TOTAL VALID ENTRIES - $.00 INVALID ENTRIES : $.00 ENTRIES POSTED : 2 $3.52 FIRM ENTRIES $.00 TOTAL: 2 $3.52 Page: 1 Ledger Lac Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 2.64 SCOST WDC P 278013 072906 1946 Mitchel 0.88 SCOST WDC P 1946 Mitchel 3.52 3.52 278013 072906 Aug 17 2006 14:50:47 PRECOST TABLE REPORT Contra€ Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 24261443 162291 211 071806 PHJW 0.44 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T77 Time: 14.18 Duration: 00001.00 Phone Number: 3054513951 3054513951 14:18 1 24261444 162291 211 071806 PHJW 0.44 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T77 Time. 12.11 Duration: 00001.00 Phone Number: 3052923433 3052923433 12:11 1 24261445 162291 211 071806 PHJW 0.88 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T77 Time: 12:12 Duration: 00002.00 Phone Number: 3052896028 3052896028 12:12 2 24261447 162291 211 071806 PHJW 0.88 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T77 Time: 10:39 Duration: 00002.00 Phone Number: 8167280060 8167280060 10:39 2 24261448 162291 211 071806 PHJW 1.76 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T77 Time: 09:44 Duration: 00004.00 Phone Number: 3052923433 3052923433 09:44 4 24261449 162291 211 071806 PHJW 0.44 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T77 Time: 10:36 Duration: 00001.00 Phone Number: 8504143817 Page: 1 Ledger Loc Valid Posting Date Mad. Amount Code Flag Batch Modified optr. 0.44 SCOST WDC P 277200 071906 1842 Howard, 0.44 SCOST WDC P 277200 071906 1842 Howard, 0.88 SCOST WDC P 277200 071906 1842 Howard, 0.88 SCOST WDC P 277200 071906 1842 Howard, 1.76 SCOST WDC P 277200 071906 1842 Howard, 0.44 SCOST WDC P 277200 071906 Aug 17 2006 14:50:47 PRECOST TABLE REPORT Page: 2 Contro€ Cost Transaction Ledger Loc Valid Posting Date Mod. Matter Number Counter Group Code Date Tkeep Quantity Rate Amount Code Flag Batch Modified Optr. 8504143817 10:36 1 1842 Howard, 24261450 162291 211 071806 PHJW 2.64 1.00 2.64 $COST WDC P 277200 071906 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T77 Time: 10:28 Duration: 00005.00 Phone Number: 3054513951 3054513951 10:28 5 1842 Howard, MATTER TOTAL: 7.48 7.48 GRAND TOTAL: 7.48 7.48 TOTAL VALID ENTRIES $.00 INVALID ENTRIES : $.00 ENTRIES POSTED : 7 $7.48 FIRM ENTRIES $.00 TOTAL: 7 $7.48 Aug 17 2006 14:51:19 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 24270202 162372 211 071906 PHJW 1.76 1-00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T78 Time: 14:23 Duration: 00004.00 Phone Number: 3052923433 3052923433 14:23 4 GRAND TOTAL: 1.76 TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.00 ENTRIES POSTED : 1 $1.76 FIRM ENTRIES $.00 TOTAL: 1 $1.76 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 1.76 SCOST WDC P 277284 072006 1842 Howard, 1.76 Aug 17 2006 14.51.49 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 24221955 161777 211 071006 PHJW 2.20 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T69 Time: 09:40 Duration: 00005.00 Phone Number: 8504143300 8504143300 09:40 5 GRAND TOTAL: 2.20 TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.00 ENTRIES POSTED 1 $2.20 FIRM ENTRIES $.00 TOTAL: 1 $2.20 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 2.20 SCOST WDC P 276718 071106 1842 Howard, 2.20 Aug 17 2006 14:52:49 PRECOST TABLE REPORT ControL Cost Transaction Matter Number Counter Group Code Date Tkeep quantity Rate 58551-00003 24227335 161839 211 071106 PHJW 0.88 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T70 Time: 09:56 Duration: 00002.00 Phone Number: 3052923470 3052923470 09:56 2 GRAND TOTAL: 0.88 TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.00 ENTRIES POSTED : 1 $.88 FIRM ENTRIES $.00 TOTAL: 1 $.88 Page: 1 Ledger Lac Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 0.88 SCOST WDC P 276804 071206 1842 Howard, 0.88 Aug 17 2006 14.53:32 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 24251104 162142 218 071706 DVH 5.00 0.20 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: A7 DESCRIPTION: User: DVH Batch: 3C24 GRAND TOTAL: TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.00 ENTRIES POSTED 1 $1.00 FIRM ENTRIES 5.00 TOTAL: 1 $1.00 Page: 1 Ledger Loc Valid Posting Date Mod, Amount Cade Flag Batch Modified Optr. 1.00 SPHOTO WDC P 277117 071806 5.00 1.00 a s s Ell CD C Cl) (D (D . F LA T :T1 r D m —I CD 9 Fi�wl PAUL, HASTINGS, JANOFSKY & WALKER LLP 515 South Flower Street, 25`h Floor, Los Angeles, CA 90071.2228 telephone 213-683-60001 facsimile 213-627-07051 internet www,paulhastings.com Pau I Hastings j Atlanta/ Beijing/ Brussels/ Hong Kong/ London/ Los Angeles! Milan/ New York/ Orange Countyl Palo Alto/ Paris/ San Diego/ San Francisco/ Shanghai/ Stamford/ Tokyo/ Washington, D.C. JUL0 !Monroe County July 24, 2006 P.O. Box 1026 Key West, FL 33041-1026 Please .refer to Invoice Number: 1534950 Attn: Suzanne Hutton PHJ&W Tax ID No. 95-2209675 SUMMARY SHEET Galleon Bay Corp. PHJ&W LLP File# 58551-00003 Robert H. Freilicb Legal fees for professional services for the period ending June 30, 2006 Costs incurred and advanced Current Fees and Costs Due Prior Balance Due Total Balance Due Note the change in the Wiring Instructions Wiring Instructions: Bank of America ABA # 0260-0959-3 CHIPS Address: 0959 Swift Code: B0FAUS3N 100 West 3311t Street New York, New York 10001 Account Number: 14599-04796 Account Name: Paul, Hastings, Janofsk}- & WWalker LLP Coinment: Please refer to the invoice number listed above. 112,365.00 4,098.21 $116,463.21 $204,510.44 $320,973.65 Remittance Address: Paul, Hastings, Janofsky & Walker LLP 515 South Flower Street 25th Floor Los Angeles, CA 90071-2228 Refer all questions to Carol Brich at (213) 683-5039, or carolbrich ct paulhastings.com. PAUL, HASTMG5, JANOFSKY & WALKER LLP 515 South Flower Street, 251h Floor, Los Angeles, CA 90071-2228 telephone 213-683-6000 / facsimile 213-627-07051 internet www,paulhastings.com Paul Hastings Monroe County P.O. Boy: 1026 Key West, FL 33041-1026 Attn: Suzanne Hutton Galleon Bay Corp. PHJ&W LLP File# 58551-00003 Robert H. Freilich Legal fees for professional services for the period ending June 30, 2006 Costs incurred and advanced Atlanta/ Beijing/ Brussels/ Hong Kong/ London/ Los Angeles/ Milan/ New York! Orange County/ Pala Alto/ Paris/ San Diego/ San Francisco/ Shanghai/ Stamford/ Tokyo/ Washington, D.C. July 24, 2006 Please refer- to Invoice Number: 1534950 PHJ&W Tax ID No. 95-2209675 REMITTANCE COPY Current Fees and Costs Due Prior Balance Due Total Balance Due Note the change in the Wiring Instructions Wiring Instructions: Sank of America A-13A # 0260-0959--3 CHIPS Address: 0959 Swift Code: BOFAUS3N 100 West 33,,I Street New York, New York 10001 Account Number: 14599-04796 Account Name: Paul, Hastings, Janofsky & Walker LLP Comment: Please refer to the invoice number listed above. $112,365.00 4,098.21 $116,463.21 $204,510.44 $320,973.65 Remittance Address: Paul, Hastings, Janofsky & Walker LLP 515 South Flower Street 25th Floor Los Angeles, CA 90071-2228 Refer all questions to Carol Brich at (213) 683-5039, or carolbrich a patilhasdngs.com. 1Vlonroe County 58551-00003 Invoice No. 1534950 Invoice Invoice Date Number REMITTANCE COPY (cons.) Summary of Prior Balance Due Payments/ Amount Trust Ar2bl. r__ Page 2 Credits Balance Due 04/24/06 1514537 $28,689.65 $3,510.45 $0.00 $25,179.20 05/25/06 1521786 $31,186,72 $0.00 $0.00 $31,186.72 06/23/06 1528095 $122,173.66 $0.00 $0.00 $122,173.66 07/14/06 1531413 $25,970.86 $0.00 $0.00 $25,970.86 Total Prior Due $204,510.44 Balance Due $320,973.65 PAUL, HASTINGS, JANOFSKY & WALKER LLP 515 South Flower Street, 25;" Floor, Los Angeles, CA 90071-2228 telephone 213-683.6000 / facsimile 213-527.07051 internet www.paulhastings.com Atlanta! Beijing/ Brussels/ Hong Kong/ London/ Los Angeles/ Milan/ New York/ Orange County/ Pala Alto/ Paris/ San Diego/ San Francisco! Shanghai/ Stamford/ Tokyo/ Washington, R.G. PaulHas tings Monroe County P.O. Box 1026 Key West, FL 33041-1026 Attn: Suzanne Hutton FOR PROFESSIONAL SERVICES RENDERED for the period ending _June 30, 2006 Galleon Bay Corn. Date Timekeeper 06/01/06 Derek V. Howard Description Return travel to Washington, D.C. from pre-trial conference in Key West, conferences Nvith J. Glogau and R. Freilich regarding compensation trial Preparation; prepare correspondence to J. Mattson regarding plaintiffs pre-trial stipulation; review correspondence from T. Marr and attached trap storage photographs; review correspondence from L. Raleigh; review jury instruction proposed by State; review correspondence from P. Black regarding damages calculations and availability to offer expert testimony; review correspondence from R. Shillinger regarding subpoenas issued to A. Joulatu and J. Paskalik; prepare trial notebooks July 24, 2006 Please refer to Invoice Number: 1534950 PHJ&W Tax ID No. 95-2209675 Hours Rate 10.30 425.00 $112,365.00 Amount $4,377.50 Monroe Coungr 58551-00003 Invoice No. 1534950 Date Timekeeper 06/01/06 Robert H. Freilich 06/02/06 Derek V. Howard 06/02/06 Robert H. Freilich 06/03/06 Derek V. Howard Description Prepare opening statement to jury; prepare cross examination of Gallaher Conferences with T. Marr regarding appraisals, prepare and review correspondence regarding same; review State dock permitting analysis; review State drafts of opening statement, direct examination of P. Holden; review plaintiffs pre-trial stipulation, prepare correspondence to J. Glogau and R. Freilich regarding same; prepare correspondence to M. Conaway regarding testimony; review correspondence from B. Shillinger regarding trial location and subpoenas issued to A. Joulani & J. Paskalik; conferences with B. Shillinger regarding mangrove trimming on Galleon Bay property, review DEP permit; prepare trial notebooks Review and revise opening statement; prepare voir dire for jury Travel to Key West from Washington, D.C. for trial and conference; prepare for trial with R. Freilich; prepare comprehensive statement of facts Hours 7.20 11.70 Page 2 Rate Amount 425.00 $3,060.00 425.00 4,972.50 2.60 425.00 12.20 425.00 06/03/06 Robert H. Freilich Prepare for jury trial; review 10.00 425.00 and revise jury instructions, motion: in limine and voir dire questions $1,105.00 $5,185.00 $4,250.00 Monroe County 58551-00003 Invoice No. 1534950 Page 3 Date Timekeeper Descrdption Hours Rate Amount 06/04/06 Derek V. Howard Conference with R. Freilich; 9.50 425.00 $4,037.50 prepare for trial with R. Freilich, J. Glogau, and L. Raleigh; prepare motion in limine 06/04/06 Robert H. Freilich Prepare for jury trial; review 12.00 425.00 $5,100.00 and revise jury instructions, motion in limine and voir dire questions; prepare cross exarnination of D. Craig 06/05/06 Derek V. Howard Pre- and post -trial 12.80 425.00 $5,440.00 conferences with R. Freilich, J. Glogau, L. Raleigh, D. Jordan, and R. Shillinger; attend pre-trial hearing on motions in lin-3ine and jury selection 06/05/06 Jeffrey S. Allmon Prepare memorandum for 0.50 160.00 $80.00 D. Howard regarding federal financial assistance restrictions under the Coastal Barrier Resources Act 06/05/06 Robert H. Freilich Appear in court for opening 13.50 425.00 $5,737.50 of trial; draft rebuttal testimony regarding Cobra mortgages; conference with attorneys; review and revise D. Craig cross examination 06/06/06 Derek V. Howard Pre- and post -trial 11.90 425.00 $5,057.50 conferences with R. Freilich, J. Glogau, L. Raleigh, D. Jordan and R. Shillinger; attend trial; prepare for second day of trial Monroe County 58551-00003 Invoice No. 1534950 Date Timekeeper 06/06/06 Robert H. Freilich 06/07/06 Derek V. toward 06/07/06 Robert 1-I. Freilich 06/08/06 Derek V. Howard 06/08/06 Elisa Paster 06/08/06 Robert H. Freilich 06/09/06 Derek V. Howard Description Appear in court For second day of trial; cross examination of D. Craig; cross examination of R. Gallaher; rebuttal testimony; telephone conference with D. Edlow Pre- and post -trial conferences wid-i R. Freilich, J. Glogau, L. Raleigh, D. Jordan and R. Shillinger; attend trial; prepare for third day of trial Conference with county counsel; prepare D. Craig cross examination and rebuttal; appear at trial; review and revise jury instructions Pre- and post -trial conferences with R. Freilich, J. Glogau, L. Raleigh, D. Jordan and R. Shillinger; attend trial; prepare for fourth day of trial Research for jury instructions Review and revise jury instructions on market value; highest use appraisal adjusunents; federal regulations Pre- and post -trial conferences with r. Freilich, J. Glogau, L. Raleigh, D. Jordan and R. Shillinger; attend trial Page 4 Hours Rate Amount 10.80 425.00 $4,590.00 11.20 425.00 $4,760.00 11.00 425.00 $4,675-00 10.70 425.00 $4,547.50 2.30 425.00 $977.50 4.40 425.00 $1,870.00 8.10 425.00 $3,442.50 Monroe County 58551-00003 Invoice No. 1534950 Page 5 Date Timekeeper Description Hours Rate Amount 06/11/06 Derek V. Howard Prepare closing statement; 6.80 425.00 $2,890.00 conference -with R. Shilliz-►ger and J. Glogau regarding closing statements, trial progress 06/12/06 Derek V. Howard Pre- and post -trial 8.80 425.00 $3,740.00 conferences With R. Shillinger, S. Hutton, J. Glogau, R. Freilich, D. Jordan; advise R. Shillinger in preparing press -release and responding to press inquiries; attend trial 06/13/06 Derek V. Howard Return travel to Washington, 8.70 425.00 $3,697.50 D.C. from trial in Ivey West; conference with R. Shillinger regarding ongoing negotiations -with the State, and future negotiations with USCWS; conference with R. Freilich regarding trial events and post -trial motions 06/13/06 Robert H. Freilich Telephone conference with 3.00 425.00 $1,275.00 D. Howard; analyze diminution of value, motion for reargument 06/13/06 Robert H. Freilich Legal research regarding 1.80 425.00 $765.00 attorney's fees 06/ 14/06 Derek V. Howard Conference with R. Freilich 1.80 425.00 $765.00 and E. Paster regarding compensation trial and post - trial motions; review correspondence from R. Shine regarding jury verdict 06/14/06 Elisa Paster Research regarding attorneys 2.00 425.00 $850.00 fees; telephone conference with D. Howard regarding outstanding motions; review and respond to emails Monroe County Page 6 58551-00003 Invoice No. 1534950 Date Timekeeper Description Hours Rate Amount 06/14/06 Robert H. Freilich Telephone conference with 6.20 425.00 $2,635.00 J. Glogau regarding motions; legal research regarding reciprocity of advantage; preparation of motion to vacate summary judgment liability order; telephone conference with D. Howard regarding motions 06/16/06 Derek V. Howard Review draft motion for 3.40 425.00 $1,445.00 reconsideration prepared by J. Glogau; review correspondence from J. Glogau regarding resolution of third party claim; review revised draft of memorandum on proper market rate of return; conference with J. Glogau, L. Raleigh, and R. Freilich regarding motion for reconsideration, rate of return memorandum and posture for appeal 06/16/06 Elisa Paster Telephone conference with 1.50 425.00 $637.50 D. Howard, J. Glogau and R. Freilich; review motion for rehearing; research on same 06/16/06 Robert H. Freilich Prepare motions on 3.40 425.00 $1,445.00 prejudgment interest and motion for reconsideration; telephone conference with J. Glogau and D. Howard Monroe County 58551-00003 Invoice No. 1534950 Date Timekeeper 06/19/06 Derek V. Howard 06/20/06 Derek V. Howard 06/21/06 Derek V. Howard Description Review correspondence from R. Freilich regarding motion for reconsideration and legal article attached thereto; review revisions to motion for reconsideration prepared by R. Freilich; review cases cited in legal article; legal research regarding rebuttal of statutory rates of interest; revise motion for reconsideration and memorandum on proper market rate of return Travel to Key West for closed session with Board of County Commissioners; prepare memorandum regarding proper market rate of return to be applied in the temporary taking damages calculation Attend closed session with Board of County Commissioners in Marathon, FL; prepare memorandums on proper market rate of return to be applied in the temporary taking damages calculation; conference with J. Glogau regarding same, motion for reconsideration of liability decision; revise motion for reconsideration Hours Rate 5.80 425.00 8.20 9.10 425.00 425.00 Page 7 Amount $2,465.00 $3,485.00 $3,867.50 Monroe County 58551-00003 Invoice No. 1534950 Page 8 Date Timekeeper Description Hours Rate Amount 06/22/06 Derek V. Howard Prepare motion on proper 8.20 425.00 $3,485.00 rate of return for Filing; legal research regarding advantage of reciprocity; prepare motion for reconsideration of liability decision, conference with R. Freilich regarding same; conference with R. Shillinger regarding status of case and litigation strategies/possibilities 06/22/06 Edgar Khalatian Research for motion 1.50 425.00 $637.50 06/22/06 Robert H. Freilich Review and revise motion to 4.60 425.00 $1,955.00 reopen liability 06/26/06 Derek V. Howard Review Gafleon Bay's 3.80 425.00 $1,615.00 motion to reopen liability and pull new cases cited therein; legal research regarding arguments raised in Galleon Bay's motion 06/28/06 Derek V. Howard Conference with J. Glogau 0.80 425.00 $340.00 regarding filed post -trial motions; review correspondence from R. Shillinger and K. Peters regarding service of motion for reconsideration; conference with R. Freilich's secretary to confirm date motion for reconsideration was served 06/28/06 Robert H. Freihch Finalize motion for 2.60 425.00 $1,105.00 reconsideration and deposition of T. Marr; telephone conference with D. Howard regarding directed verdict Total Fees 264.70 $112,365.00 Monroe County 58551-00003 Invoice No. 1534950 Timekeeper Summary Robert H. Freilich Derek V. Howard Edgar Khalatian Elisa Paster Jeffrey S. Allmon For Costs Incurred and Advanced Airfare Cell phone charges Meals Outside Printing & Photocopy Courier Service Taxi/Ground Transportation Mileage Long Distance Telephone Charges Photocopy Charges Facsimile Postage/Express Mail Total Costs Current Fees and Costs Due Prior Balance Due Total Balance Due Page 9 93.10 hours at $�-.$6' 7� 56 163.80 hours at $A?rS-T 1.50 hours at S?�s6b 3 SG 5.80 hours at -5-68, SCJ 0.50 hours at $160.00 2,136.79 123.04 987.00 20.00 34.23 354.98 167.32 56.32 169.20 28.75 20.58 $4,098.21 $116,463.21 $2043510.44 $320,973.65 PAUL, HASTINGS, JANOFSKY & WALKER LLP 515 South Flower Street, 25°h Floor, Los Angeles, CA 90071-2228 telephone 213.683.6000 / facsimile 213-627-07051 internet www.paulhastings.com Atlanta/ Beijing/ Brussels/ Hong Kong/ London/ Los Angeles/ Milan/ New York/ Orange County! Palo Alto! Paris/ San Diego! San Francisco/ Shanghai! Stamford/ Tokyo/ Washington, D.C, PaulHastings Monroe County June 23, 2006 P.O. Box 1026 Key West, FL 33041-1026 Please refer to Invoice Number: 1528095 Attn: Suzanne Hutton PHJ&W Tax ID No. 95-2209675 REMITTANCE COPY Galleon Bay Corp. PHj&W LLP File# 58551-00003 Robert H. Freilich Legal fees for professional services for the period ending May 31, 2006 Costs incurred and advanced Current Fees and Costs Due Prior Balance Due Total Balance Due Note the change in he Wiring Instructions Wiring Instructions: Bank of America ABA # 0260-0959-3 CHIPS Address: 0959 Swift Code: BOFAUS3N 100 West 331d Street New York, New York 10001 Account Number: 14599-04796 Account Name: Paul, Hastings, ]anofsky & Walker LLP Comment: Please refer to the invoice number listed above. 5117,323.50 4,850.16 $122,173.66 $99,153.03 $221,326.69 Remittance Address: Paul, Hastings, Janofsky & Walker LLP 515 South Flower Street 25th Floor Los Angeles, CA 90071-2228 Refer all questions to Carol Brick at (213) 683-5039, or carolbrich@paulhastings.com. Monroe County 58551-00003 Invoice No. 1528095 Invoice Invoice Date Number REMITTANCE COPY (cont.) Summary of Prior Balance Due Payments/ Amount Trust A12121. Page 2 Credits Balance Due 12/31/05 1492298 $70,005.05 $69,905.00 $0.00 $100.05 02/28/06 1501315 $56,674.78 354,296.00 $0.00 $2,378.78 03/20/06 1505177 $36,797.83 $0.00 $0.00 $36,797.83 04/24/06 1514537 $28,689.65 $0.00 $0.00 $28,689.65 05/25/06 1521786 $31,186.72 $0.00 $0.00 $31,186.72 Total Prior Due $99,153.03 Balance Due $221,326.69 PAUL, HASTING$, JANOFSKY & WALKER LLP 515 South Flower Street, 25th Floor, Los Angeles, CA 90071-2228 telephone 213-683-60001 facsimile 213-627.07061 internet www.paulhastings.com Atlanta/ Beijing/ Brussels/ Hong Kong/ London/ Los Angeles/ Milan/ New York/ Orange County/ Palo Alto/ Paris! San Diego/ San Francisco/ Shanghai/ Stamford/ Tokyo/ Washington, D.C. Paul Hastings Monroe County June 23, 2006 P.O. Box 1026 Ivey West, FL 33041-1026 Please refer to Invoice Number: 1528095 Attn: Suzanne Hutton PHJ&W Tax ID No. 95-2209675 FOR PROFESSIONAL SERVICES RENDERED for the period ending May 31, 2006 Galleon Bay Corns. $117,323.50 Date Timekeeper Description Hours Rate Amount 05/01/06 Derek V. Howard Conference with Glop, u 0.50 425.00 $212.50 regarding ticneframe for completion of appraisals, discovery, upcoming trials 05/02/06 Derek V. Howard Prepare request for 5.00 425.00 $2,125.00 admissions; legal research regarding requirements under the Endangered Species Act (ESA), Key Deer, and impact of ESA on fair market value of subject property; legal research regarding Coastal Barrier Resources Act 05/02/06 Robert H. Freilich Legal analysis regarding 2.60 425.00 $1,105.00 statutory interest, options, before and after tests Monroe County 58551-00003 Invoice No. 1528095 Date Timekeeper 05/03/06 Derek V. Howard 05/03/06 Robert H. Freilich 05/04/06 Derek V. Howard Descri tion Prepare correspondence to J Mattson regarding deposition of R. Gallaher; review article forwarded by E. Paster regarding impact of hurricane season on real estate market and insurance rates; draft subpoena for deposition of R. Gallaher Legal research regarding option cases Prepare correspondence to J Glogau and R. Freilich regarding eligibility of subject property for federal flood insurance, legal research regarding federal flood insurance program, Coastal Barrier Resources Act and Endangered Species Act Page 2 Hours Rate Amount 3.00 425.00 $1,275.00 1.60 425.00 5.20 425.00 $680.00 2,210.00 Monroe County 58551-00003 Invoice No. 1528095 Page 3 Date Timekeeper Description Hours Rate Amount 05/05/06 Derek V. Howard Conference with J. Mattson 3.60 425.00 $1,530.00 regarding pre-trial procedures, scheduling deposition of Gallaher and settlement conference; prepare correspondence to R. Freilich and J. Glogau regarding conference with J. Mattson and dates of availability; review correspondence from E. Paster regarding impact of federal flood insurance ineligibility on fair market values of subject lots; prepare correspondence to T. Marr regarding Florida Key Deer decisions and Coastal Barrier Resources Act; conference with M. Marr regarding T. Marr's schedule 05/08/06 Derek V. Howard Review amicus brief of 3.10 425.00 $1,317.50 National Home Builders Association filed in Florida Key Deer case; review correspondence and voice mail Message from J. Glogau regarding evidentiary issues pertaining to impact of property's ineligibility for federal flood insurance on fair market values of property; legal research regarding Endangered Species Act and Coastal Barrier Resources Act 05/09/06 Derek V. Howard Conferences with T. Marr, J. 3.20 425.00 $1,360.00 Glogau, and E. Paster; legal research Monroe County Page 4 58551-00003 Invoice No. 1528095 Date Timekeeper Descries n Hours Rate Amount 05/10/06 Derek V. Howard Conference with T. Marr 1.10 425.00 $467.50 regarding appraisal of subject property; leave voice message with J. Glogau regarding conference with T. Marr; review voice message from J. Glogau regarding appraisal methodology, conference with J. Glogau regarding same 05/10/06 Elisa Paster Telephone conference with 0.50 425.00 $212.50 D. Toward; legal research and analysis of Key Deer issues 05/11/06 Derek V. Howard Review correspondence 2.70 425.00 $1,147.50 from R. Iireilich regarding supplemental filing in Third District requesting stay of trial court proceedings, prepare correspondence to E. raster regarding same; conference with P. Black regarding expert testimony at bench and jury trials; review correspondence from A. Tobin and J. Mattson regarding depositions of expert witnesses; conference with E. Paster regarding status of proceeding in Third District and trial preparation; conference with T. Marr regarding appraisal reports 05/11/06 Elisa Paster Conference call with D. 1.00 425.00 $425.00 Howard; research potential experts; research stay 05/12/06 Elisa Paster Work on motion to stay; 0.50 425.00 $212.50 telephone conference with D. Howard Monroe County 58551-00003 Invoice No. 1528095 Date Timekeeper 05/15/06 Derek V. Howard Description Review voice message from J. Glogau regarding appraisals of lakefront lots; review correspondence from J. Mattson regarding T. Mari: deposition; prepare for and attend pretrial settlement conference; conference with J. Glogau regarding Galleon Bay's interpretation of the Amended Order as to the calculation of temporary taking damages; prepare correspondence to J. Glogau and R. Freilich regarding Galleon Bay's "option value" damages calculation model; prepare notice of deposition of Donald Craig; conference with T. Marr regarding timetable for completion of appraisal reports; leave message for M. Conaway regarding expert witness testimony at jury trial; conference with E. Paster regarding status of pretrial preparation; legal research regarding option values 05/15/06 Elisa Paster Research and draft emergency motion to stay; telephone conference with D. Howard and J. Glogau; follow-up telephone conference regarding settlement conference Hours 8.20 3.50 Page 5 Rate Amount 425.00 $3,485.00 425.00 05/15/06 Geoffrey A. Stern Research cases 1.50 175.00 $1,487.50 $262.50 Monroe County 58551-00003 Invoice No. 1528095 Page 6 Date Timel�eeper Description Hours Rate Amount 05/16/06 Derek V. Howard Review 2006 supplemental 6.60 425.00 $2,805.00 appraisal report of B. Gallaher, conference with J. Glogau regarding same; review state's suggestions for pretrial stipulation; review draft motion in limine, prepare correspondence to J. Glogau and B. Freilich regarding pretrial stipulation, consolidation of jury and bench trials, motions in limine 05/16/06 Edgar Khalatian Research case law regarding 1.80 425.00 $765.00 Respondent's Answer to Petition for Writ of Prohibition 05/16/06 Elisa Paster Research for reply motion to 1.60 425.00 $680.00 respond to writ; telephone conference with D. Howard 05/16/06 Robert H. Freilich Telephone conference with 1.00 425.00 $425.00 D. Howard and E. Paster regarding trial strategy 05/17/06 Derek V. Howard Informal pretrial conference; 9.10 425.00 $3,867.50 conferences with R. Freilich, E. Paster and J. Glogau; review State's motion in limine; prepare motion for protective order; prepare motion to extend discovery; prepare for deposition of R. Gallaher; conference with T. Marr 05/17/06 Edgar Kh-,datian Review writ of prohibition 3.70 425.00 $1,572,50 and all relevant case law; research flood insurance/taking issue 05/17/06 Elisa Paster Review and revise motion 1.40 425.00 $595,00 for continuance; research cases Ear reply to writ Monroe County 58551-00003 Invoice No. 1528095 Page 7 Date Timekeenez Description Hours Rate Amount 05/17/06 Geoffrey A. Stern Check case citations 2.00 175.00 $350.00 05/17/06 Robert H. Freilich Review and revise drafts of 1.80 425.00 $765.00 pretrial motions and stipulations; telephone conference with J. Mattson, A. Tobin., J. Glogau and D. Howard 05/18/06 Arun Abraham Review petition for writ of 3.80 160.00 $608.00 prohibition and answer; conference regarding GaIleon Bay writ with E. Kiialatian and R. Freilich 05/18/06 Derek V. Howard Travel to Key West for 9.90 425.00 $4,207.50 depositions B. Gallaher and D. Craig, and pretrial conference; prepare for depositions of B. Gallaher and D. Craig 05/18/06 Edgar Khalatian Research and prepare reply 5.90 425.00 $2,507.50 for writ of prohibition 05/18/06 Elisa Paster Telephone conference with 4.50 425.00 $1,912.50 D. Howard; review and analyze Gallaher appraisal; research valuation for temporary takings; research valuation of option; revise pre-trial stipulation; telephone conference with J. Glogau 05/18/06 Geoffrey A. Stern Research case law 2.50 175.00 $437.50 Monroe County 58551-00003 Invoice No. 1528095 Date Timekeeper 05/18/06 Jeffrey S. Allmon 05/19/06 Arun Abraham 05/19/06 Derek V. Howard 05/19/06 Elisa Paster 05/19/06 Robert H. Freilich Description Legal research regarding the Coastal Barrier Resources Act, the Coastal Barrier Improvement Act, attendant case law, and implementing regulations; prepare summary of research materials regarding the scope of restrictions upon federal financial assistance and expenditures for development on property units within the Coastal Barrier Resources System Confirm formatting rules with court clerk's office regarding reply in Third District Court of Appeal of Florida Travel to/from and conduct depositions of B. Gallaher and D. Craig in Key Largo; review briefs and jury instructions from Shadek case; review correspondence from J. Glogau regarding depositions of B. Gallaher Draft pre-trial stipulation; research temporary and permanent takings damages; telephone conference with D. Howard; trial preparation Prepare joint motion in limine; telephone conference with D. Howard and J. Glogau; conference with E. Khalatian and E. Paster; analyze plaintiff's answer to writ Hours Rate 7.00 160.00 Page 8 Amount $1,120.00 0.30 160.00 $48.00 10.20 425.00 $4,335.00 4.50 4.80 425.00 $1,912.50 425.00 $2,040.00 Monroe County 58551-00003 Invoice No. 1528095 Date Timekeeper 05/20/06 Derek V. Howard 05/20/06 Elisa Paster 05/20/06 Robert H. Freilich 05/21 /06 Derek V. Howard 05/21/06 Robert H. Freilich 05/22/06 Derek V. Howard 05/22/06 Edgar Khalatian 05/22/06 Robert H. Freilich Description Review and comment on joint motion in lupine regarding option value testimony; review correspondence from E. Paster regarding pretrial stipulation Review and revise stipulation and motion in licmine; trial preparation Prepare motion in lupine and pretrial stipulation Travel to Key Largo to conference with T. Marr regarding appraisal reports; conference with B. Freilich regarding pretrial stipulation and conference Prepare analysis and outline for reply regarding writ of prohibition .Attend pretrial conference; conferences with S. Hutton and J. Saunders regarding trial preparation and litigation strategy; conferences with T. Marr regarding appraisal reports; review correspondence from T. Marr regarding revision to appraisal report dated May 19, 2006, and real estate brokers B. Gallaher allegedly consulted with; legal research Research and prepare wit of prohibition Prepare First draft reply for writ of prohibition; telephone conference with court Hours Rate 0.80 425.00 3.20 425.00 Page 9 Amount $340.00 $1,360.00 5.00 425.00 $2,125,00 7.50 425.00 $3,187.50 5.00 425.00 $2,125.00 7.90 425.00 $3,357.50 1.20 425.00 $510.00 10.50 425.00 $4,462.50 Monroe County 58551-00003 Invoice No. 1528095 Date Timekeeper 05/22/06 Rishi R. Sahgal 05/23/06 Derek V. Howard 05/23/06 Robert H. Freilich 05/24/06 Derek V. Howard Description Conference with R. Freilich, regarding Petitioner's reply to respondent's answer to joint petition for a writ of prohibition; research and review same Return travel to Washington, D.C. from hearing and depositions in Key Largo and Key West; conference with E. Fussel regarding mosquito control on No Name key; review draft reply to petitioner's answer to petition for petition for writ of prohibition and J. Glogau's conunents regarding same, prepare correspondence to B. Freilich regarding same; review transcript of B. Gallaher deposition Telephone conference with R. Shillinger; review and draft final version of reply for writ of prohibition; telephone conference with J. Glogau; conference with I. Hayat regarding jury instructions Review correspondence from P. Goiis regarding deposition of T. Marr; conferences with J. Glogau and T. Marr; prepare correspondence to J. Mattson regarding depositions of Hill., Schmidt, and Boe... Hours 4.00 9.80 10.50 7.50 Rate 160.00 425.00 425.00 425.00 Page 10 Amount $640.00 $4,165.00 $4,462.50 $3,187.50 Monroe County Page 11 58551-00003 Invoice No. 1528095 Date Timekeeper Description Hours Rate Amount 05/24/06 Derek V. Howard Review correspondence 0.90 425.00 $392.50 from B. Shillinger regarding jury list; review final reply to plaintiffs answer to petition for writ of prohibition; review correspondence from T. Marr regarding appraisal report; review correspondence from B. Shillinger regarding A. Joulani subpoena 05/24/06 Robert H. Freilich Develop analysis for opening 3.80 425.00 $1,615.00 statement, jury instructions and remaining deposition; telephone conference with D. Howard and D. Edlow 05/25/06 Derek V. Howard Conferences with R. Freilich 8.50 425.00 $3,612,50 and J. Glogau regarding trial preparation, jury view, examination of witnesses; conferences with and prepare correspondence to T. Marr regarding report on fair market value as of July 19, 2001; conferences with P. Black regarding option values and terms; legal research regarding jury views, demonstrative evidence; drafted demand for jury view 05/25/06 Elisa Paster Trial preparation; review of 0.50 425.00 $212.50 documents 05/25/06 Robert H. Freilich Prepare for trial, prepare 5.00 425.00 $2,125.00 opening statement, prepare questions on cross examination Montoe County 58551-00003 Invoice No. 1528095 Date Timekeeper Description 05/26/06 Derek V. Howard Prepare motion in limine directed to Power Point presentation of R. Gallaher, review report by Marr on fair market value of the subject property as of July 19, 2001, review appraisals of R. Gallaher 05/26/06 Robert H. Freilich Prepare questions for cross examination planning witness Craig, damages witnesses, opening statement and collecting cases on limine 05/28/06 Derek V. Howard Review plaintiffs motion in limine, update legal research regarding exclusion of appraisal evidence and analysis, prepare correspondence to J. Glogau and R. Freilich regarding plaintiff's motion in limine, pretrial conference, and trial preparation, prepare for depositions of Boe, Hill, Schmitt, and Marr, prepare for pretrial conference 05/29/06 Derek V. Howard Travel to Key West, prepare for depositions of G. Boe and T. Hill, prepare notice of depositions of B. Goe and P. Black, review correspondence from R. Freilich and J. Glogau regarding expert testimony and motions in lirnine, review expert report from P. Black regarding R. Gallaher's option value analysis, conference with P. Black regarding same Hours 5.60 5.00 3.80 12.80 Rate 425.00 425.00 425.00 425.00 Page 12 Amount $2,380.00 $2,125.00 $1,615.00 $5,440.00 Monroe County 58551-00003 Invoice No. 1528095 Page 13 Date Timekeeper Description Hours Rate Amount 05/29/06 Robert H. Freilich Analyze questions for jury 7.00 425.00 $2,975.00 voir dire, jury instructions, direct and cross; conference with D. Edlow regarding preparation of case 05/30/06 Derek V. Howard Attend deposition of G. Boe 12.60 425.00 $5,355.00 in Marathon, conference with T. Marr regarding deposition, attend deposition of T. Marr in Key Largo, conference with P. Black regarding option values, market rates of return, motion for protective order filed by plaintiff seeking to ' prohibit P. Black's deposition, conferences with J. Glogau and R. Fteilich regarding depositions of G. Boe and T. Marr, pretrial stipulation, motions in limine and pretrial conference 05/31/06 Derek V. Howard Prepare motion for 11.90 425.00 $5,057.50 protective order directed to subpoena of Trent Marr, attend pretrial conference, conferences with. R. Shillinger, J. Glogau, R. Freilich, S. Moore, and D. Edlow regarding pretrial rulings and trial preparation, legal research regarding admission of appraisal reports and testimony into evidence 05/31/06 Robert H. Freilich Attend conference with 9.50 425.00 54,037.50 Judge Payne; review depositions; conference with D. Edlow and S. Moore Total Fees 289.00 $117,323.50 Monroe County 58551-00003 Invoice No. 1528095 Robert H. Freilich Derek V. Howard Edgar Khalatian E1isa Paster Geoffrey A. Stern Arun Abraham Jeffrey S. Allmon Rishi R. Sahgal For Costs Incurred and Advanced Timekeeper Summary 73.10 hours at $425.00 161.00 hours at $425.00 12.60 hours at $425.00 21.20 hours at $425.00 6.00 hours at $175.00 4.10 hours at $160.00 7.00 hours at $160,00 4.00 hours at $160.00 Courier Service Mileage Long Distance Telephone Charges Photocopy Charges Facsimile Postage/Express Mail Outside Professional Services - - Gallaher & Birch, INC. 05/06/05 For services rendered related to two depositions in teh Gallon Bay Case. 20.5 hours. HC-Mist - - Paula L. Adams - 5/21 /06, train fare Total Costs Current Fees and Costs Due Prior Balance Due Total Balance Due Page 14 148.70 16.91 150.83 285.20 237.50 11.02 3,998.00 2.00 $4,850.16 $122,173.66 $99,153.03 $221,326.69 PAUL, HASTINGS, JANOFSKY lac WALKER LLP 515 South Flower Street, 25'h Floor, Los Angeles, CA 90071-2228 telephone 213-683.60001facsimile 213-627-0705 / intemet www.paulhastings.eom Atlanta/ Beijing/ Brussels/ Hong Kong/ London/ Los Angeles/ Milan/ New York! Orange County! Palo Alto/ Paris! San Diego/ San Francisco/ Shanghai/ Stamford/ Tokyo! Washington, D.C. Paul Hastings Monroe County June 23, 2006 P.O. Box 1026 Isey West, FL 33041-1026 Please refer to Invoice Number: 1528095 Attn: Suzanne Hutton PHJ&W Tax ID No. 95-2209675 SUMMARY SHEET Galleon Bay Corp. PHJ&W LLP File# 58551-00003 Robert H. Freilich Legal fees for professional services for the period ending May 31, 2006 $117,323.50 Costs incurred and advanced 4,850.16 Current Fees and Costs Due $122,173.66 Prior Balance Due $99,153.03 Total Balance Due $221,326.69 Note the change in the Wiring Instructions Wiring Instructions: Remittance Address: Bank of America Paul, Hastings, Janofsky & Walker LLP ABA # 0260-0959-3 515 South Flower Street CHIPS Address: 0959 25th Floor Swift Code: BOFAUS3N Los Angeles, Ct1, 90071-2228 100 West 33Td Street New York, New York 10001 Account Number: 14599-04796 Account Name: Paul, Hastings, Janofsky & Walker LLP Comment: Please refer to the invoice number listed above. Defer all questions to Carol Brich at (213) 683-5039, or carolbrich@paulhastings.com. Paul, Hastings, Janofsky & Walker LLP Supporting Documentation for Disbursements Monroe County Tab # Matter Name PHJW Number 1 Galleon Bay Corp. 58551-00003 2 Galleon Bay Corp. 58551-00003 3 Galleon Bay Corp. 58551-00003 4 Galleon Bay Corp. 58551-00003 5 Galleon Bay Corp. 58551-00003 6 Galleon Bay Corp. 58551-00003 7 Galleon Bay Corp, 58551-00003 8 Galleon Bay Corp. 58551-00003 Inv. # Amount Description 148.70 Courier Service 16.91 Mileage 3,998.00 Outside Profess. Service 2.00 HC-Mist. 150.83 Long Distance Telephone 285.20 Photocopy Charges 237.50 Facsimile 11.02 Postage/Express Mail 4,850.16 Total UPS Outbound UP.S Online.] Pickup Date 04/19 Delivery Service Invoice Invoice date April 22, 2006 Invoice number 000OA7V781166 Shipper number A7V781 Page 18 of 34 Tool {continued} ZIP Published .'. Incentive Billed. Tracking Number Service Code • Zone 'Weight • Charge - . Credit Charge - -- 17-A7V781A091707868 Next Day Air Early A.M. 33175 105 Lotter 17.60 17.60 Commercial Adult Signature Required 3.25 3.25 Early A.M. Surcharge 28.50 28.50 Fuel Surcharge 5.76 5.76 Total: 55.11 55.11 ist ref : 58551.00003, 2nd ref: MOMITCHELL Mitchell, Monica UseriD : PSS-xD]xSETpbE Sender : Monica Mitchell Receiver: clerks Office Paul, Hastings, Janotsky & Walker Third District Court o f Appeal 875 15th Strod, N.W. 2001 SW 117 Avenue Washington DC 20005 Miami FL 33175 Delivery Service Invoice Invoice date April 22, 2006 Invoice number 000OA7V781166 Stripper number A7V781 Page 18 of 34 Outbound UPS OnlineShipping.Tool (continued) .. Pickup _ ZIP Published . Incentive Bided Date Tracking Number Service Code Zone Wgighi - . -Charge Credit, Charge - 04119 1ZA7V781 A099244531 Next Day Air Early A.M. 33175 105 10 51,80 51.80 Commercial Adult Signature Required 3.25 3.25 Early A.M. Surcharge 28.50 28.50 Fuel Surcharge 10,04 10.04 Total 9159 93.59 1st rot : 58551.00003, 2nd ref : MOMITCHELL Mitchell, Moni ca UserlD : PSS-xDlxSETpbE Sender !Monica Mitchell Receiver: Clerk Paul, Hastings, Janofsky $ Walker Third District Court o f Appeal 875 15th Street, N.W. 2001 SW 117 Avenue Washington DC 20005 Miami FL 33175 rAUL, HASTINGS, JANQFSKY & WALKERILP Los Ans, le iceTT CASH©OUC�R Y Date(s) incurred AAI. CF1A�Q: CLMW xYl f 5 5andnumberofclirM,"''' RECEIVED BY Name I b A REASON•FOR EXPENSEfS�: ^ Work MAY. 2�2006 ed overtone ustaess iaai LY Mer TYPE OF EXPENSE: 587i Meals: S12 O.T_ Affowance? --- - -�_ Taxi: (or include restaurant receipt) ., Company . (include receipt) Auto 7.,5 cents per mile): ` Round trip to/from: �_X r p 5 taywtio Parking: Garage or lot: (include receipt) Telephone: . Number(s) called: Postage: (include receipt) S� total• $ Revised 7l04 LA /633079.1 i PAUL, HASTINGS, JANOPSKY & WALKER LLP_ PETTY CASH VOUCHER Los An Zj&— Office J Name Date(s) incurred _ 5�zt /cam CHARGE TO: CLIENT S� t] t • Q `� I�EGEI S PA ABL . ' Name and number ofcIient(s) . • ���• � � 2���1 ' • -- ;' -.. '' '• . - FIR REASON FOR EXPENSElS). . Worked,oyertin -. Bp,'kaT 4A-S11NGS Other TYPE OF EXPENSE: Meals: S12 O.T. Allowance? (or include restaurant receipt) Taxi: Company (include receipt) }. Auto cents per mile): Round trip to/from: )D r i lu J�l Parking: Garage or lot: bet ( S#'a- c�-_ r �+ �rtcqFb�; ht � "tt Telephone: Number(s) called: Postage: Other: Appro Remised 7I o4 LA 1633079.1 (include receipt) S rotate S TELEPHONE (305) 663-1140 l i, INVOICE GALLAHER & BIRC INC. 74005W.%3"Tana,Suhe2M . If 1600833 invoice Number 03058 - Monroe County Attorney P.C. Box 1026 - ' Key West, Florida 33041-1026 FAX (305)663-1130 Item, Estate Appraisers And Consultants yWmi, Zmkd& 33iss Re: Derek Howard, Esquire 05/06105 1 For services rendered related to two depositions in the Galion Bay Case. 20.5 hours @ $195 = We appreciate your business! ALL APPRAISAL FEES ARE PAYABLE UPON DELIVERY OF THE REPORT UNLESS PREVIOUSLY ARRANGED OTHERWISE S�SS�. oaoo3 ` V V-" RECEIVED BY ACCOUNTS PAYABLE MAY - 5 2006 LPL, HASTINGS RECEIVED BY ACCOUNTS PAYABLE MAY 15 2006 PAUL, HASTINGS ACCOUNTS PAYABLE MAY 2 2006 PAUL, HASTINGS ACCRECEIVED YABLE MAY 10 2006 PAUL, HASTINGS 0 TIME SUMMARY Invoice to Monroe County 03058 Galleon Bay, DATE HOURS PURPOSE 2004 Principal Principal Associate REG PJB 2/ 20 4.00 Deposition preparation 21 23 4.00 Deposition 2005 3 .17 2.50 Prepare for deposition 3 18 6.60 Deposition 4 28 3.50 Proof read deposition in Ft Laud. 20.50 0.00 0,00 Rate x 195.00 175.00 100.00 Amount 3,997.50 0.00 0.00 Total Time $3,998 PAUL, HASTINGS, JANOFSKY & WALKER LLP. BETTY CASH VOUCHER �.' �41.os Angeles Ogee Name#L- --_ Date(s) incurred 2t' CHARGE TO: CLIENT D .3 R �1 S �AYYABLE. Naive and number of clients) REASON FOREXPENSE 5 Worked overEiII B rat I. � — {� FL ©Cher158 7192 I I III 11 1 Il 1 ii = TYPE OF EXPENSE: Meals: $12 O.T. Allowance? (or Include restaurant receipt) Taxi: Company (include receipt) Auto cents per mile): Round trip to/from: ra Parking: Garage or Iot:�-�c t� Telephone: Number(s) called: Postage: (include receipt) Revised 7104 LA 1633079.1 $ �• � ki°I Total: S Jun 23 2006 10:31.52 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 23934885 159101 211 051006 PHJW 7.04 1.00 USER -DEFINED FIELD 1: Paster, Elisa USER -DEFINED FIELD 2: 6128 DESCRIPTION: User: 1ATT Batch: 1T76 Time: 08:47 Duration: 00016.00 Phone Number: 8167771012 8167771012 08:47 16 23936779 159118 211 051006 PHJW 17.16 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T11 Time: 16:59 Duration: 00038.00 Phone Number: 3052923470 3052923470 16:59 38 23936780 159118 211 051006 PHJW 0.88 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T11 Time: 11:03 Duration: 00002.00 Phone Number: 8504143300 8504143300 11:03 2 23936781 159118 211 051006 PHJW 0.44 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T11 Time: 12:38 Duration: 00001,00 Phone Number: 8504143817 8504143817 12:38 1 23936807 159118 211 051006 PHJW 0.88 1.00 USER -DEFINED FIELD 1: Mitchell, Monica USER -DEFINED FIELD 2: 1946 DESCRIPTION: User: 3SEC Batch: 3T11 Time: 15:01 Duration: 00001.00 Phone Number: 3058527165 3058527165 15:01 1 MATTER TOTAL: 26.40 GRAND TOTAL: 26.40 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 7.04 SCOST LA P 272319 051106 6128 Paster, 17.16 $COST WDC P 1842 Howard, 0.88 $COST WDC P 1842 Howard, 0.44 SCOST WDC P 1842 Howard, 0.88 SCOST WDC P 1946 Mitchel 26.40 26.40 272319 051106 272319 051106 272319 051106 272319 051106 Jun 23 2006 10,31:52 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.00 ENTRIES POSTED 5 $26.40 FIRM ENTRIES $.00 TOTAL: 5 $26.40 Page: 2 Ledger Loc Valid Posting Date Mod, Amount Code Flag Batch Modified Optr. Jun 23 2006 10:32:24 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 23920056 158903 211 050506 PHJW 0.44 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T06 Time: 09:53 Duration: 00001.00 Phone Number: 3054516095 3054516095 09:53 1 23920057 158903 211 050506 PHJW 0.44 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3TO6 Time: 09:55 Duration: 00001.00 Phone Number: 3055222851 3055222851 09:55 1 MATTER TOTAL: 0.88 GRAND TOTAL: 0.88 TOTAL VALID ENTRIES $.00 INVALID ENTRIES : $.00 ENTRIES POSTED : 2 $.88 FIRM ENTRIES $.00 TOTAL: 2 $,88 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 0.44 SCOST WDC P 272010 050606 1842 Howard, 0.44 SCOST WDC P 1842 Howard, 0.88 0.88 272010 050606 Jun 23 2006 10:32:53 PRECOST TABLE REPORT Page: 1 Control Cost Transaction Ledger Loc Valid Pasting Date Mod. Matter Number Counter Group Code Date Tkeep Quantity Rate Amount Cade Flag Batch Modified Optr. 58551-00003 23941347 159164 211 051106 PHJW 0.44 1.00 0.44 SCOST WDC P 272419 051206 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T12 Time: 18:06 Duration: 00001.00 Phone Number: 3055222851 3055222851 18.06 1 1842 Howard, 23941348 159164 211 051106 PHJW 0.44 1.00 0.44 SCOST WDC P 272419 051206 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T12 Time: 11:19 Duration: 00001.00 Phone Number: 3052923470 3052923470 11.19 1 1842 Howard, 23941349 159164 211 051106 PHJW 2.64 1.00 2.64 SCOST WDC P 272419 051206 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T12 Time: 15:37 Duration: 00006.00 Phone Number: 3052811076 3052811076 15:37 6 1842 Howard, 23941350 159164 211 051106 PHJW 7.48 1.00 7.48 SCOST WDC P 272419 051206 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T12 Time: 14:57 Duration: 00017.00 Phone Number: 3058527165 3058527165 14:57 17 184R Howard, MATTER TOTAL: 11.00 11.00 GRAND TOTAL: 11.00 11.00 TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.00 ENTRIES POSTED 4 $11.00 FIRM ENTRIES $.DG TOTAL: 4 $11.00 Jun 23 2006 10:33:24 PRECOST TABLE REPORT Contro€ Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 23932257 159078 211 050906 PHJW 14.96 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T10 Time: 14:10 Duration: 00034.00 Phone Number: 3054516095 3054516095 14:10 34 GRAND TOTAL: 14.96 TOTAL VALID ENTRIES $.00 INVALID ENTRIES : $.00 ENTRIES POSTED : 1 $14.96 FIRM ENTRIES $.00 TOTAL: 1 $14.96 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 14.96 SCOST WDC P 272227 051006 1842 Howard, 14.96 Jun 23 2006 10:35:08 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 23927948 159034 211 050806 PHJW 0.44 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3TO9 Time: 16:50 Duration: 00001.00 Phone Number: 3054516095 3054516095 16:50 1 GRAND TOTAL: 0.44 TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.00 ENTRIES POSTED 1 $.44 FIRM ENTRIES $.00 TOTAL: 1 $.44 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 0.44 SCOST WDC P 272145 050906 1842 Howard, 0.44 Jun 23 2006 10:35:36 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 23949984 159304 211 051506 PHJW 0.44 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T16 Time: 11:57 Duration: 00001.00 Phone Number: 3055222851 3055222851 11:57 1 23949985 159304 211 051506 PHJW 0.88 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T16 Time: 12:03 Duration: 00001.00 Phone Number: 8504143300 8504143300 12:03 1 23949986 159304 211 051506 PHJW 0.44 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T16 Time: 12:39 Duration: 00001.00 Phone Number: 8509221786 8509221786 12:39 1 23949987 159304 211 051506 PHJW 7.92 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T16 Time: 13:38 Duration: 00018.00 Phone Number: 3055222851 3055222851 13:38 18 23949988 159304 211 051506 PHJW 7.26 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T16 Time: 22:41 Duration: 00022.00 Phone Number: 8167288133 8167288133 22:41 22 23950003 159304 211 051506 PHJW 0.44 1.00 USER -DEFINED FIELD 1: MacCormack, Sai USER -DEFINED FIELD 2: 1901 DESCRIPTION: User: 3SEC Batch: 3T16 Time: 17:13 Duration: 00001.00 Phone Number: 3054513951 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 0.44 SCOST WDC P 272619 051606 1842 Howard, 0.88 SCOST WDC P 272619 051606 1842 Howard, 0.44 SCOST WDC P 272619 051606 1842 Howard, 7.92 SCOST WDC P 272619 051606 1842 Howard, 7.26 SCOST WDC P 272619 051606 1842 Howard, 0.44 SCOST WDC P 272619 051606 Jun 23 2006 10:35:36 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 3054513951 17:13 1 MATTER TOTAL: 17.38 GRAND TOTAL: 17.38 TOTAL VALID ENTRIES $.00 INVALID ENTRIES : $.00 ENTRIES POSTED 6 $17.38 FIRM ENTRIES $.00 TOTAL: 6 $17.38 Page: 2 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 1901 MacCorm 17.38 17.38 Jun 23 2006 10:36:34 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 23909175 158811 211 050306 PHJW 3.52 1.00 USER -DEFINED FIELD 1: Mitchell, Monica USER -DEFINED FIELD 2: 1946 DESCRIPTION: User: 3SEC Batch: 3T04 Time: 14:16 Duration: 00008.00 Phone Number: 3052923458 3052923458 14:16 8 23909176 158811 211 050306 PHJW 0.44 1.00 USER -DEFINED FIELD 1: Mitchell, Monica USER -DEFINED FIELD 2: 1946 DESCRIPTION: User: 3SEC Batch: 3TO4 Time: 12:57 Duration: 00001.00 Phone Number: 3052923470 3052923470 12:57 1 23909177 158811 211 050306 PHJW 1.32 1.00 USER -DEFINED FIELD 1: Mitche€l, Monica USER -DEFINED FIELD 2: 1946 DESCRIPTION: User: 3SEC Batch: 3TO4 Time: 14:43 Duration: 00002.00 Phone Number: 3052923576 3052923576 14:43 2 23909178 158811 211 050306 PHJW 0.88 1.00 USER -DEFINED FIELD 1: Mitchell, Monica USER -DEFINED FIELD 2: 1946 DESCRIPTION: User: 3SEC Batch: 3TO4 Time: 12:49 Duration: 00002.00 Phone Number: 3058527165 3058527165 12:49 2 MATTER TOTAL: 6.16 GRAND TOTAL: 6.16 TOTAL VALID ENTRIES $.00 INVALID ENTRIES : $.00 ENTRIES POSTED : 4 $6.16 FIRM ENTRIES $.00 TOTAL: 4 $6.16 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr, 3.52 SCOST WDC P 272010 050406 1946 Mitchel 0.44 SCOST WDC P 1946 Mitchel 1.32 SCOST WDC P 1946 Mitchel 0.88 SCOST WDC P 1946 Mitchel 6.16 6.16 272010 050406 272010 050406 272010 050406 Jun 23 2006 10:37:10 PRECOST TABLE REPORT Page: 1 Control Cost Transaction Ledger Loc Valid Posting Date Mod. Matter Number Counter Group Code Date Tkeep Quantity Rate Amount Code Flag Batch Modified Optr. 58551-00003 24065042 159934 211 053006 PHJW 0.44 1.00 0.44 &COST WDC P 273683 053106 USER -DEFINED FIELD 1: Mitchell, Monica USER -DEFINED FIELD 2: 1946 DESCRIPTION: User: 3SEC Batch: 3T29 Time: 11:15 Duration: 00001.00 Phone Number: 3052891201 3052891201 11:15 1 1946 Mitchel 24065043 159934 211 053006 PHJW 1.76 1.00 1.76 SCOST WDC P 273683 053106 USER -DEFINED FIELD 1: Mitchell, Monica USER -DEFINED FIELD 2: 1946 DESCRIPTION: User: 3SEC Batch: 3T29 Time: 13:12 Duration: 00004.00 Phone Number: 3058527344 3058527344 13:12 4 1946 Mitchel 24065044 159934 211 053006 PHJW 0.44 1.00 0.44 SCOST WDC P 273683 053106 USER -DEFINED FIELD 1: Mitchell, Monica USER -DEFINED FIELD 2: 1946 DESCRIPTION: User: 3SEC Batch: 3T29 Time: 15:11 Duration: 00001.00 Phone Number: 3052811076 3052811076 15:11 1 1946 Mitchel 24065045 159934 211 053006 PHJW 1.32 1.00 1.32 SCOST WDC P 273683 053106 USER -DEFINED FIELD 1: Mitchell, Monica USER -DEFINED FIELD 2: 1946 DESCRIPTION: User: 3SEC Batch: 3T29 Time: 16:47 Duration: 00003.00 Phone Number: 3052891201 3052891201 16:47 3 1946 Mitchel 24065046 159934 211 053006 PHJW 1.76 1.00 1.76 SCOST WDC P 273683 053106 USER -DEFINED FIELD 1: Mitchell, Monica USER -DEFINED FIELD 2: 1946 DESCRIPTION: User: 3SEC Batch: 3T29 Time: 10:34 Duration: 00004.00 Phone Number: 3058527344 3058527344 10:34 4 1946 Mitchel 24065047 159934 211 053006 PHJW 0.88 1.00 0.88 SCOST WDC P 273683 053106 USER -DEFINED FIELD 1: Mitchell, Monica USER -DEFINED FIELD 2: 1946 DESCRIPTION: User: 3SEC Batch: 3T29 Time: 10:59 Duration: 00002.00 Phone Number: 3053737295 Jun 23 2006 10:37:10 PRECOST TABLE REPORT Page: 2 Control Cost Transaction Ledger Loc Valid Posting Date Mod, Matter Number Counter Group Code Date Tkeep Quantity Rate Amount Code Flag Batch Modified Optr. 3053737295 10:59 2 1946 Mitchel 24065048 159934 211 053006 PHJW 0.44 1.00 0.44 SCOST WDC P 273683 053106 USER -DEFINED FIELD 1: Mitchell, Monica USER -DEFINED FIELD 2: 1946 DESCRIPTION: User: 3SEC Batch: 31729 Time: 10:12 Duration: 00001.00 Phone Number: 3054516095 3054516095 10:12 1 1946 Mitchel 24065049 159934 211 053006 PHJW 0.44 1.00 0.44 SCOST WDC P 273683 053106 USER -DEFINED FIELD 1: Mitchell, Monica USER -DEFINED FIELD 2: 1946 DESCRIPTION: User: 3SEC Batch: 3T29 Time: 10:47 Duration: 00001.00 Phone Number: 3058527344 3058527344 10:47 1 1946 Mitchel 24065050 159934 211 053006 PHJW 0.88 1,00 0.88 SCOST WDC P 273683 053106 USER -DEFINED FIELD 1: Mitchell, Monica USER -DEFINED FIELD 2: 1946 DESCRIPTION: User: 3SEC Batch: 3T29 Time: 10:19 Duration: 00002.00 Phone Number: 3052891201 3052891201 10:19 2 1946 Mitchel 24065051 159934 211 053006 PHJW 0.44 1.00 0.44 SCOST WDC P 273683 053106 USER -DEFINED FIELD 1: Mitchell, Monica USER -DEFINED FIELD 2: 1946 DESCRIPTION: User: 3SEC Batch: 3T29 Time: 11:06 Duration: 00001.00 Phone Number: 3054513951 3054513951 11:06 1 1946 Mitchel 24065052 159934 211 053006 PHJW 2.64 1.00 2.64 SCOST WDC P 273683 053106 USER -DEFINED FIELD 1: Mitchell, Monica USER -DEFINED FIELD 2: 1946 DEiSCRIPTION: User: 3SEC Batch: 3T29 Time: 08:43 Duration: 00006.00 Phone Number. 3058527344 3058527344 08:43 6 1946 Mitchel 24065053 159934 211 053006 PHJW 0.88 1.00 0.88 SCOST WDC P 273683 053106 USER -DEFINED FIELD 1: Mitchell, Monica USER -DEFINED FIELD 2: 1946 DESCRIPTION: User: 3SEC Batch: 3T29 Time: 11:09 Duration: 00002.00 Jun 23 2006 10.37.10 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate Phone Number: 3052891201 3052891201 11:09 2 24065054 159934 211 053006 PHJW 0.44 1.00 USER -DEFINED FIELD 1: Mitchell, Monica USER -DEFINED FIELD 2: 1946 DESCRIPTION: User: 3SEC Batch: 3T29 Time: 08:38 Duration: 00001.00 Phone Number: 3056646628 3056646628 08.38 1 24065055 159934 211 053006 PHJW 0.44 1.00 USER -DEFINED FIELD 1: Mitchell, Monica USER -DEFINED FIELD 2: 1946 DESCRIPTION: User: 3SEC Batch: 3T29 Time: 08:42 Duration: 00001.00 Phone Number: 3052891201 3052891201 08:42 1 24065056 159934 211 053006 PHJW 1.32 1.00 USER -DEFINED FIELD 1: Mitchell, Monica USER -DEFINED FIELD 2: 1946 DESCRIPTION: User: 3SEC Batch: 3T29 Time: 08:50 Duration: 00003.00 Phone Number: 3052923433 3052923433 08:50 3 MATTER TOTAL: 14.52 GRAND TOTAL: 14.52 TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.00 ENTRIES POSTED 15 $14.52 FIRM ENTRIES $.00 ------------------------------------------ TOTAL: 15 $14.52 Page: 3 Ledger Loc Valid Posting Date Mod. Amount Code Flag Hatch Modified Optr. 1946 Mitchel 0.44 SCOST WDC P 1946 Mitchel 0.44 SCOST WDC P 1946 Mitchel 1.32 SCOST WDC P 1946 Mitchel 14.52 14.52 273683 053106 273683 053106 273683 053106 Jun 23 2006 10:37:51 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 24024129 159401 211 051706 PHJW 0.44 1.00 USER -DEFINED FIELD 1: Elias, Belinda USER -DEFINED FIELD 2: 5583 DESCRIPTION: User: 1SEC Batch: 1T82 Time: 16:45 Duration: 00001.00 Phone Number: 8167288133 8167288133 16:45 1 24026139 159414 211 051706 PHJW 3.08 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T18 Time: 16:53 Duration: 00007.00 Phone Number: 5613679777 5613679777 16:53 7 24026140 159414 211 051706 PHJW 0.88 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T18 Time: 17:12 Duration: 00001.00 Phone Number: 3054513951 3054513951 17:12 1 MATTER TOTAL: 4.40 GRAND TOTAL: 4.40 TOTAL VALID ENTRIES $.00 INVALID ENTRIES : $.00 ENTRIES POSTED 3 $4.40 FIRM ENTRIES $.00 ------------------------------------------ TOTAL: 3 $4.40 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code FLag Batch Modified Optr. 0.44 SCOST LA P 272806 051806 5583 Elias, 3.08 SCOST WDC P 1842 Howard, 0.88 SCOST WDC P 1842 Howard, 4.40 4.40 272806 051806 272806 051806 Jun 23 2006 10:38:58 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 24055026 159770 211 052506 PHJW 3.96 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T26 Time: 13:05 Duration: 00008.00 Phone Number: 8167280060 8167280060 13:05 8 24055027 159770 211 052506 PHJW 1.76 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T26 Time: 11:28 Duration: 00004.00 Phone Number: 3054516210 3054516210 11:28 4 24055028 159770 211 052506 PHJW 0-33 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T26 Time: 21:11 Duration: 00001.00 Phone Number: 3104865692 3104865692 21:11 1 24055031 159770 211 052506 PHJW 0.44 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T26 Time: 16:06 Duration: 00001.00 Phone Number: 3052923470 3052923470 16:06 1 24055033 159770 211 052506 PHJW 0.44 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T26 Time: 15:29 Duration: 00001.00 Phone Number: 8504143300 8504143300 15:29 1 24055053 159770 211 052506 PHJW 3.52 1.00 USER -DEFINED FIELD 1: Mitchell, Monica USER -DEFINED FIELD 2: 1946 DESCRIPTION: User: 3SEC Batch: 3T26 Time: 15.06 Duration: 00008.00 Phone Number: 8504885600 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 3.96 SCOST WDC P 273396 052606 1842 Howard, 1.76 SCOST WDC P 273396 052606 1842 Howard, 0.33 SCOST WDC P 273396 052606 1842 Howard, 0.44 SCOST WDC P 273396 052606 1842 Howard, 0.44 $COST WDC P 273396 052606 1842 Howard, 3.52 SCOST WDC P 273396 052606 Jun 23 2006 10:38:58 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 8504885600 15:06 8 24055054 159770 211 052506 PHJW 0.44 1.00 USER -DEFINED FIELD 1: Mitchell, Monica USER -DEFINED FIELD 2: 1946 DESCRIPTION: User: 3SEC Batch: 3T26 Time: 15:30 Duration: 00001.00 Phone Number: 8509228508 8509228508 15:30 1 24055055 159770 211 052506 PHJW 1.32 1.00 USER -DEFINED FIELD 1: Mitchell, Monica USER -DEFINED FIELD 2: 1946 DESCRIPTION: User: 3SEC Batch: 3T26 Time: 15:31 Duration: 00003.00 Phone Number: 8504884676 8504884676 15:31 3 24055056 159770 211 052506 PHJW 0.44 1;00 USER -DEFINED FIELD 1: Mitchell, Monica USER -DEFINED FIELD 2: 1946 DESCRIPTION: User: 3SEC Batch: 3T26 Time: 15:26 Duration: 00001.00 Phone Number: 8509221786 8509221786 15:26 1 24055057 159770 211 052506 PHJW 3.52 1.00 USER -DEFINED FIELD 1: Mitchell, Monica USER -DEFINED FIELD 2: 1946 DESCRIPTION: User: 3SEC Batch: 3T26 Time: 15:14 Duration: 00008.00 Phone Number: 8504884676 8504884676 15:14 8 MATTER TOTAL: 16.17 GRAND TOTAL: 16.17 TOTAL VALID ENTRIES $.00 INVALID ENTRIES $_00 ENTRIES POSTED 10 $16.17 FIRM ENTRIES $.00 ------------------------------------------ TOTAL: 10 $16.17 Page: 2 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr_ 1946 Mitchel 0.44 SCOST WDC P 273396 052606 1946 Mitchel 1.32 SCOST WDC P 1946 Mitchel 0.44 SCOST WDC P 1946 Mitchel 3.52 SCOST WDC P 1946 Mitchel 16.17 16.17 273396 052606 273396 052606 273396 052606 Jun 23 2006 10:39:28 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 24018748 159345 211 051606 PHJW 0.44 1.00 USER -DEFINED FIELD 1: Paster, Etisa USER -DEFINED FIELD 2: 6128 DESCRIPTION: User: 1ATT Batch: 1T81 Time: 09:29 Duration: 00001.00 Phone Number: 305R955180 3052955180 09:29 1 24021010 159370 211 051606 PHJW 0.44 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T17 Time: 15:41 Duration: 00001.00 Phone Number: 3055222851 3055222851 15:41 1 24021011 159370 211 051606 PHJW 1.76 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T17 Time: 17:29 Duration: 00004.00 Phone Number: 3052811076 3052811076 17:29 4 24021012 159370 211 051606 PHJW 0.44 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T17 Time: 12:02 Duration: 00001.00 Phone Number: 3052955180 3052955180 12:02 1 24021027 159370 211 051606 PHJW 0.44 1.00 USER -DEFINED FIELD 1: MacCormack, Sai USER -DEFINED FIELD 2: 1901 DESCRIPTION: User: 3SEC Batch: 3T17 Time: 10:02 Duration: 00001.00 Phone Number: 3054513951 3054513951 10:02 1 MATTER TOTAL: 3.52 GRAND TOTAL: 3.52 Page: 1 Ledger Loc Valid Pasting Date Mod. Amount Code Flag Batch Modified Optr. 0.44 SCOST LA P 272720 051706 6128 Paster, 0.44 SCOST WDC P 1842 Howard, 1.76 SCOST WDC P 1842 Howard, 0.44 SCOST WDC P 1842 Howard, 0.44 SCOST WDC P 1901 MacCorm 3.52 3.52 272720 051706 272720 051706 272720 051706 272720 051706 Jun 23 2006 10:39:28 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.00 ENTRIES POSTED 5 $3.52 FIRM ENTRIES $.00 TOTAL: 5 $3.52 Page: 2 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. Jun 23 2006 10:39:55 PRECAST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 23882596 158506 211 042606 PHJW 2.64 1.00 USER -DEFINED FIELD 1: Mitchell, Monica USER -DEFINED FIELD 2: 1946 DESCRIPTION: User: 3SEC Batch: 3T97 Time: 10:41 Duration: 00006.00 Phone Number: 3058527165 3058527165 10:41 6 GRAND TOTAL: 2.64 TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.00 ENTRIES POSTED 1 $2.64 FIRM ENTRIES $.00 TOTAL: 1 $2.64 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 2.64 SCOST WDC P 273683 053006 b kjk 1946 Mitchel PATzm Jun 23 2006 10:40:42 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 24060298 159877 211 052906 PHJW 2.30 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T28 Time: 09:29 Duration: 00010.00 Phone Number: 3052811076 3052811076 09:29 10 24060299 159877 211 052906 PHJW 3.22 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T28 Time: 10:54 Duration: 00014.00 Phone Number: 3054516210 3054516210 10:54 14 MATTER TOTAL: 5.52 GRAND TOTAL: 5.52 TOTAL VALID ENTRIES $.00 INVALID ENTRIES : $.00 ENTRIES POSTED : 2 $5.52 FIRM ENTRIES $.00 TOTAL: 2 $5.52 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 2.30 $COST WDC P 273556 053006 1842 Howard, 3-22 SCOST WDC P 1842 Howard, 5-52 5.52 273556 053006 Jun 23 2006 10:41:14 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 24045973 159687 211 052306 PHJW 0.44 1.00 USER -DEFINED FIELD 1: Mitchell, Monica USER -DEFINED FIELD 2: 1946 DESCRIPTION: User: 3SEC Batch: 3T24 Time: 11:07 Duration: 00001.00 Phone Number: 3053943170 3053943170 11:07 1 GRAND TOTAL: 0.44 TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.00 ENTRIES POSTED 1 $.44 FIRM ENTRIES $.00 TOTAL: 1 $.44 Page: 1 Ledger Lac Valid Posting Date Mad. Amount Code Flag Batch Modified Optr. 0.44 SCOST WDC P 273195 052406 1946 Mitchel 0.44 Jun 23 2006 10:41:45 PRECOST TABLE REPORT ControL Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 24050683 159731 211 052406 PHJW 1.32 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T25 Time: 13:39 Duration: 00003.00 Phone Number: 3054516210 3054516210 13:39 3 24050684 159731 211 052406 PHJW 7.48 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T25 Time: 16:58 Duration: 00016.00 Phone Number: 8509221786 8509221786 16:58 16 24050685 159731 211 052406 PHJW 14.96 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T25 Time: 10:36 Duration: 00034.00 Phone Number: 8504143817 8504143817 10.36 34 MATTER TOTAL: 23.76 GRAND TOTAL: 23.76 TOTAL VALID ENTRIES $.00 INVALID ENTRIES : $.00 ENTRIES POSTED : 3 $23.76 FIRM ENTRIES $.00 ------------------------------------------ TOTAL: 3 $23.76 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code FLag Batch Modified Optr. 1.32 SCOST WDC P 273299 052506 1842 Howard, 7.48 SCOST WDC P 273299 052506 1842 Howard, 14.96 SCOST WDC P 273299 052506 1842 Howard, 23.76 23.76 Jun 23 2006 10:42:43 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 24058728 159809 211 052606 PHJW 1.32 1.00 USER -DEFINED FIELD 1: Howard, Derek USER -DEFINED FIELD 2: 1842 DESCRIPTION: User: 3ATT Batch: 3T27 Time: 10:53 Duration: 00003.00 Phone Number: 3054513951 3054513951 10:53 3 24058738 159809 211 052606 PHJW 0.88 1.00 USER -DEFINED FIELD 1: Mitchell, Monica USER -DEFINED FIELD 2: 1946 DESCRIPTION: User: 3SEC Batch: 3T27 Time: 09:29 Duration: 00001.00 Phone Number: 3052923470 3052923470 09:29 1 MATTER TOTAL: 2.20 GRAND TOTAL: 2.20 TOTAL VALID ENTRIES $.00 INVALID ENTRIES : $.00 ENTRIES POSTED : 2 $2.20 FIRM ENTRIES $.00 TOTAL: 2 $2.20 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 1.32 SCOST WDC P 273479 052706 1842 Howard, 0.88 SCOST WDC P 1946 Mitchel 2.20 2.20 273479 052706 Jun 23 2006 10:43:17 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 24070808 159991 211 053106 PHJW 0.44 1.00 USER -DEFINED FIELD 1: Mitchell, Monica USER -DEFINED FIELD 2: 1946 DESCRIPTION: User: 3SEC Batch: 3T30 Time: 09:22 Duration: 00001.00 Phone Number: 3052891201 3052891201 09:22 1 GRAND TOTAL: 0.44 TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.00 ENTRIES POSTED 1 $.44 FIRM ENTRIES $.00 TOTAL: 1 $.44 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 0.44 SCOST WDC P 273833 060106 1946 Mitchel 0.44 Jun 23 2006 10:43:52 PRECOST TABLE REPORT Contro€ Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 24058583 159808 218 052606 DVH 96.00 0.20 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: A8 DESCRIPTION: User: DVH Batch: 3C74 JOINT MOTION LIM 24058604 159808 218 052606 DVH 306.00 0.20 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: B1 DESCRIPTION: User: DVH Batch: 3C74 MATTER TOTAL: GRAND TOTAL: TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.00 ENTRIES POSTED 2 $80.40 FIRM ENTRIES $.00 TOTAL: 2 $80.40 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code flag Batch Modified Optr. 19.20 SPHOTO WDC P 273476 052706 61.20 SPHOTO WDC P 273476 052706 402.00 80.40 402.00 80.40 Jun 23 2006 10:44:21 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 24064809 159933 218 053006 DVH 17.00 0.20 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: A8 DESCRIPTION: User: DVH Batch: 3C78 24064813 159933 218 053006 DVH 4.00 0.20 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: A8 DESCRIPTION: User: DVH Batch: 3C78 MATTER TOTAL: GRAND TOTAL: TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.00 ENTRIES POSTED 2 $4.20 FIRM ENTRIES $.00 TOTAL: 2 $4.20 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 3.40 SPHOTO WDC P 273682 053106 0.80 SPHOTO WDC P 273682 053106 21.00 4.20 21.00 4.20 Jun 23 2006 10:44:48 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 24043414 159673 218 052306 IH 119.00 0.20 USER -DEFINED FIELD 1: HAYAT IMRAN USER -DEFINED FIELD 2: Al DESCRIPTION: User: IH Batch: lC01 GRAND TOTAL: TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.00 ENTRIES POSTED 1 $23.80 FIRM ENTRIES $.00 TOTAL: 1 $23.80 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 23.80 SPHOTO LA P 273194 052406 119.00 23.80 Jun 23 2006 10:45:16 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 24060013 159857 218 052906 DVH 7.00 0.20 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: A3 DESCRIPTION: User: DVH Batch: 3C76 GRAND TOTAL: TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.00 ENTRIES POSTED 1 $1.40 FIRM ENTRIES $.00 TOTAL: 1 $1.40 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 1.40 SPHOTO WDC P 273518 052906 7.00 1.40 Jun 23 2006 10:45:46 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 24025845 159413 218 051706 DVH 69.00 0.20 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: A3 DESCRIPTION: User: DVH Batch: 3C65 24025847 159413 218 051706 DVH 152.00 0.20 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: A3 DESCRIPTION: User: DVH Batch: 3C65 24025853 159413 218 051706 DVH 273.00 0.20 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: A3 DESCRIPTION: User: DVH Batch: 3C65 COPTY 24025867 159413 218 051706 DVH 7.00 0.20 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: A5 DESCRIPTION: User: DVH Batch: 3C65 MATTER TOTAL: GRAND TOTAL: TOTAL VALID ENTRIES $.00 INVALID ENTRIES : $.00 ENTRIES POSTED : 4 $100.20 FIRM ENTRIES $.00 TOTAL: 4 $100.20 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 13.80 SPHOTO WDC P 272805 051806 30.40 SPHOTO WDC P 272805 051806 54.60 SPHOTO WDC P 272805 051806 1.40 SPHOTO WDC P 272805 051806 501.00 100.20 501.00 100.20 Jun 23 2006 10:46:16 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 24060290 159876 218 052906 DVH 12.00 0.20 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: A3 DESCRIPTION: User: DVH Batch: 3C77 24060291 159876 218 052906 DVH 14.00 O,20 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: A3 DESCRIPTION: User: DVH Batch: 3C77 24060292 159876 218 052906 DVH 3.00 0.20 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: A3 DESCRIPTION: User: DVH Batch: 3C77 MATTER TOTAL: GRAND TOTAL: TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.00 ENTRIES POSTED 3 $5.80 FIRM ENTRIES $.00 TOTAL: 3 $5.80 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 2.40 SPHOTO WDC P 273555 053006 2.80 SPHOTO WDC P 273555 053006 0.60 SPHOTO WDC P 273555 053006 29.00 5.80 29.00 5.80 Jun 23 2006 10:46:47 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 24054832 159769 218 052506 DVH 31.00 0.20 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: A8 DESCRIPTION: User: DVH Batch: 3C73 COPY TO CONAWAY 24054836 159769 218 052506 DVH 2.00 0.20 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: A8 DESCRIPTION: User: DVH Batch: 3C73 24054837 159769 218 052506 DVH 14.00 0.20 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: A8 DESCRIPTION: User: DVH Batch: 3C73 COPY DEMAND JURY MATTER TOTAL: 47.00 GRAND TOTAL: 47.00 TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.00 ENTRIES POSTED 3 $9.40 FIRM ENTRIES $.00 ------------------------------------------ TOTAL. 3 $9.40 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Fiag Batch Modified Optr. 6.20 SPHOTO WDC P 273393 052606 0.40 SPHOTO WDC P 273393 052606 2.80 SPHOTO WDC P 273393 052606 9.40 9.40 Jun 23 2006 10:47:21 PRECOST TABLE REPORT Control Cast Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 24060012 159857 218 052806 DVH 2.00 0.20 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: A3 DESCRIPTION: User: DVH Batch: 3C76 GRAND TOTAL: TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.00 ENTRIES POSTED 1 $.40 FIRM ENTRIES $.00 TOTAL: 1 $.40 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 0.40 SPHOTO WDC P 273518 052906 2.00 0.40 Jun 23 2006 10:48:11) PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 23936586 159117 218 051006 DVH 21.00 0.20 USER -DEFINED FIELD 1: Howard, Derek V_ USER -DEFINED FIELD 2: A3 DESCRIPTION: User: DVH Batch: 3C58 COPY 23936617 159117 218 051006 DVH 8.00 0.20 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: A8 DESCRIPTION: User: DVH Batch: 3C58 COPY FAX MATTER TOTAL: 29.00 GRAND TOTAL: 29.00 TOTAL VALID ENTRIES $.00 INVALID ENTRIES : $.00 ENTRIES POSTED 2 $5.80 FIRM ENTRIES $.00 TOTAL: 2 $5.80 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 4.20 SPHOTO WDC P 272317 051106 1.60 SPHOTO WDC P 272317 051106 5.80 5.80 Jun 23 2006 10:49:00 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 24020833 159369 218 051606 DVH 36.00 0.20 USER -DEFINED FIELD 1: ALSTON, MIRACLE USER -DEFINED FIELD 2: A8 DESCRIPTION: User: DVH Batch: 3C64 GRAND TOTAL: TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.00 ENTRIES POSTED 1 $7.20 FIRM ENTRIES $.00 TOTAL: 1 $7.20 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 7.20 SPNOTO WDC P 272719 051706 36.00 7.20 Jun 23 2006 10:49:26 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 23927748 159033 218 050806 DVH 14.00 0.20 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: A8 DESCRIPTION: User: DVH Batch: 3C56 SUBPOENA COPIES 23927751 159033 218 050806 DVH 4.00 0.20 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: A8 DESCRIPTION: User: DVH Batch: 3C56 23927757 159033 218 050806 DVH 3.00 0.20 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: AS DESCRIPTION: User: DVH Batch: 3C56 MATTER TOTAL: GRAND TOTAL: TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.00 ENTRIES POSTED 3 $4.20 FIRM ENTRIES $.00 TOTAL: 3 $4.20 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 2.80 SPHOTO WDC P 272144 050906 0.80 SPHOTO WDC P 272144 050906 0.60 SPHOTO WDC P 272144 050906 21.00 4.20 21.00 4.20 Jun 23 2006 10:49:52 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 23919602 158901 218 050506 DVH 7.00 0.20 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: A3 DESCRIPTION: User: DVH Batch: 3C53 GRAND TOTAL: TOTAL VALID ENTRIES . $.00 INVALID ENTRIES : $.OD ENTRIES POSTED : 1 $1.40 FIRM ENTRIES $.00 TOTAL: 1 $1.40 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 1.40 SPHOTO WDC P 272011 050606 7.00 1.40 Jun 23 2006 10:50:24 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 23949814 159303 218 051506 PHJW 4.00 0.20 USER -DEFINED FIELD 1: MACCORMACK, SAI USER -DEFINED FIELD 2: B2 DESCRIPTION: User: Batch: 3C63 GRAND TOTAL: TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.00 ENTRIES POSTED : 1 $.80 FIRM ENTRIES $.00 TOTAL: 1 $.80 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 0.80 SPHOTO WDC P 272618 051606 4.00 0.80 Jun 23 2006 10:50:49 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 23908897 158810 218 050306 DVH 18.00 0.20 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: A3 DESCRIPTION: User: DVH Batch: 3C51 TRENT MARK 23908975 158810 218 050306 DVH 40.00 0.20 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: A8 DESCRIPTION: User: DVH Batch: 3C51 FILINHG 23908984 158810 218 050306 DVH 1.00 0.20 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: A8 DESCRIPTION: User: DVH Batch: 3C51 FILING MATTER TOTAL: GRAND TOTAL: TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.00 ENTRIES POSTED 3 $11.80 FIRM ENTRIES $.00 TOTAL: 3 $11.80 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 3.60 SPHOTO WDC P 272011 050406 8.00 SPHOTO WDC P 272011 050406 0.20 SPHOTO WDC P 272011 050406 59.00 11.80 59.00 11.80 Sun 23 2006 10:51:17 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Cade Date Tkeep Quantity Rate 58551-00003 23904907 158775 218 050206 DVH 16.00 0.20 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: A3 DESCRIPTION: User: DVH Batch: 3C50 23904938 158775 218 050206 DVH 126.00 0.20 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: A7 DESCRIPTION: User: DVH Batch: 3C50 MATTER TOTAL: GRAND TOTAL: TOTAL VALID ENTRIES $.00 INVALID ENTRIES : $.00 ENTRIES POSTED : 2 $28.40 FIRM ENTRIES $.00 TOTAL: 2 $28.40 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 3.20 SPHOTO WDC P 272011 050306 25.20 SPHOTO WDC P 272011 050306 142.00 28.40 142.00 28.40 Jun 23 2006 10:51:55 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 23950057 159305 226 051506 DVH 3.00 1.25 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: 3F50-24 DESCRIPTION: User: DVH Batch: 3F50 13058526957 23950058 159305 226 051506 DVH 3.00 1.25 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: 3F50-25 DESCRIPTION: User: DVH Batch: 3F50 15613680709 MATTER TOTAL: 6.00 GRAND TOTAL: 6.00 TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.00 ENTRIES POSTED 2 $7.50 FIRM ENTRIES $.00 TOTAL: 2 $7.50 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 3.75 SFAX WDC P 272616 051606 C6 Howard, D 3.75 SFAX WDC P C6 Howard, D 7.50 7.50 272616 051606 Jun 23 2006 10:52:28 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 23941424 159165 226 051106 MFL2 4.00 1.25 USER -DEFINED FIELD 1: Lukens, Michael USER -DEFINED FIELD 2: 3F48-10 DESCRIPTION: User: MFL2 Batch: 3F48 13058537324 23941425 159165 226 051106 MFL2 14.00 1.25 USER -DEFINED FIELD 1: Lukens, Michael USER -DEFINED FIELD 2: 3F48-11 DESCRIPTION: User: MFL2 Batch: 3F48 13058537324 23941426 159165 226 051106 MFL2 22.00 1.25 USER -DEFINED FIELD 1: Lukens, Michael USER -DEFINED FIELD 2: 3F48-12 DESCRIPTION: User: MFL2 Batch: 3F48 13058537324 23941429 159165 226 051106 DVH 11.00 1.25 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: 3F48-15 DESCRIPTION: User: DVH Batch: 3F48 13058537324 23941451 159165 226 051106 DVH 2.00 1.25 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: 3F48-9 DESCRIPTION: User: DVH Batch: 3F48 13058537324 MATTER TOTAL: 53.00 GRAND TOTAL: 53.00 TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.00 ENTRIES POSTED 5 $66.25 FIRM ENTRIES $.00 TOTAL: 5 $66.25 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 5.00 SFAX WDC P 272416 051206 C5 Lukens, M 17.50 SFAX WDC P C5 Lukens, M 27.50 SFAX WDC P C5 Lukens, M 13.75 SFAX WDC P C4 Howard, D 2.50 SFAX Woe P C1 Howard, D 66.25 66.25 �.rPZ�I[��lYfP��IZ 272416 051206 272416 051206 272416 051206 Jun 23 2006 10:53:02 PRECOST TABLE REPORT ControL Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 23909212 158812 226 050306 DVH 8.00 1.25 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: 3F42-5 DESCRIPTION: User: DVH Batch: 3F42 13054519874 GRAND TOTAL: 8.00 TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.00 ENTRIES POSTED 1 $10.00 FIRM ENTRIES $.00 TOTAL: 1 $10.00 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 10.00 SFAX WDC P 272009 050406 Cl Howard, D 10.00 Jun 23 2006 10:53:31 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 23936836 159119 226 051006 DVH 8.00 1.25 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: 3F47-13 DESCRIPTION: User: DVH Batch: 3F47 13054519874 GRAND TOTAL: 8.00 TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.00 ENTRIES POSTED 1 $10.00 FIRM ENTRIES $.00 TOTAL: 1 $10.00 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr, 10.00 SFAX WDC P 272315 051106 C4 Howard, D 10.00 Jun 23 2006 10:54:01 PRECOST TABLE REPORT ControL Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 24021084 159371 226 051606 DVH 3.00 1.25 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: 3F51-11 DESCRIPTION: User: DVH Batch: 3F51 15613680709 24021086 159371 226 051606 DVH 3.00 1.25 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: 3F51-13 DESCRIPTION: User: DVH Batch: 3F51 13058526957 24021095 159371 226 051606 DVH 7.00 1.25 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: 3F51-21 DESCRIPTION: User: DVH Batch: 3F51 13058526957 24021096 159371 226 051606 DVH 7.00 1.25 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: 3F51-22 DESCRIPTION: User: DVH Batch: 3F51 15613680709 24021104 159371 226 051606 DVH 3.00 1.25 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: 3F51-9 DESCRIPTION: User: DVH Batch: 3F51 13054519593 MATTER TOTAL: 23.00 GRAND TOTAL: 23.00 TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.00 ENTRIES POSTED 5 $28.75 FIRM ENTRIES $.00 TOTAL: 5 $28.75 Page: 1 Ledger Lac Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 3.75 SFAX WDC P 272718 051706 C4 Howard, D 3.75 SFAX WDC P C4 Howard, D 8.75 SFAX WDC P Cl Howard, D 8.75 SFAX WDC P C2 Howard, D 3.75 SFAX WDC P C4 Howard, D 28.75 28.75 272718 051706 272718 051706 272718 051706 272718 051706 Jun 23 2006 10:54:29 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 24026224 159415 226 051706 DVH 11.00 1.25 USER=DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: 3F52-31 DESCRIPTION: User: DVH Batch: 3F52 13054514574 GRAND TOTAL: 11.00 TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.00 ENTRIES POSTED : 1 $13.75 FIRM ENTRIES $.00 TOTAL: 1 $13.75 Page: 1 Ledger Loc Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 13.75 SFAX WDC P 272803 051806 C4 Howard, D 13.75 Jun 23 2006 10:55:23 PRECOST TABLE REPORT Page: 1 Control Cost Transaction Ledger Loc Valid Posting Date Mod. Matter Number Counter Group Code Date Tkeep Quantity Rate Amount Code Flag Batch Modified Optr. 58551-00003 24065087 159935 226 053006 DVH 3.00 1.25 3.75 SFAX WDC P 273680 053106 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: 3F61-2 DESCRIPTION: User: DVH Batch: 3F61 13058527441 Cl Howard, D 24065088 159935 226 053006 DVH 2.00 1.25 2.50 SFAX WDC P 273680 053106 USER -DEFINED FIELD 1: Howard, Derek V_ USER -DEFINED FIELD 2: 3F61-20 DESCRIPTION: User: DVH Batch: 3F61 13052891642 C3 Howard, D 24065092 159935 226 053006 DVH 3.00 1.25 3.75 SFAX WDC P 273680 053106 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: 3F61-24 DESCRIPTION: User: DVH Batch: 3F61 13052891642 C4 Howard, D 24065093 159935 226 053006 DVH 3.00 1.25 3.75 SFAX WDC P 273680 053106 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: 3F61-3 DESCRIPTION: User: DVH Batch: 3F61 15613680709 C2 Howard, D 24065094 159935 226 053006 DVH 3.00 1.25 3.75 SFAX WDC P 273680 053106 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: 3F61-4 DESCRIPTION: User: DVH Batch: 3F61 15613680709 Cl Howard, D 24065095 159935 226 053006 DVH 3.00 1.25 3.75 SFAX WDC P 273680 053106 USER -DEFINED FIELD 1: Howard, Derek V_ USER -DEFINED FIELD 2: 3F61-5 DESCRIPTION: User: DVH Batch: 3F61 13058526957 C2 Howard, D 24065096 159935 226 053006 DVH 3.00 1.25 3.75 SFAX WDC P 273680 053106 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: 3F61-6 DESCRIPTION: User: DVH Batch: 3F61 13058526957 C2 Howard, D 24065097 159935 226 053006 DVH 3.00 1.25 3.75 SFAX WDC P 273680 053106 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: 3F61-7 DESCRIPTION: User: DVH Batch: 3F61 18504102672 Cl Howard, D 24065098 159935 226 053006 DVH 3.00 1.25 3.75 SFAX WDC P 273680 053106 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: 3F61-8 DESCRIPTION: User: DVH Batch: 3F61 Jun 23 2006 10:55:23 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 18504102672 MATTER TOTAL: 26.00 GRAND TOTAL: 26.00 TOTAL VALID ENTRIES $.00 INVALID ENTRIES $.00 ENTRIES POSTED 9 $32.50 FIRM ENTRIES $.00 TOTAL: 9 $32.50 Page: 2 Ledger Loc Valid Posting Date Mod. Amount Cade Flag Batch Modified Optr. Cl Howard, D 32.50 32.50 Jun 23 2006 10:55:53 PRECOST TABLE REPORT Control Cost Transaction Matter Number Counter Group Code Date Tkeep Quantity Rate 58551-00003 24055096 159771 226 052506 DVH 9.00 1.25 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: 3F59-16 DESCRIPTION: User: DVH Batch: 3F59 13054519874 24055097 159771 226 052506 DVH 32.00 1.25 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: 3F59-17 DESCRIPTION: User: DVH Batch: 3F59 18504883309 24055107 159771 226 052506 DVH 14.00 1.25 USER -DEFINED FIELD 1: Howard, Derek V. USER -DEFINED FIELD 2: 3F59-9 DESCRIPTION: User: DVH Batch: 3F59 13054519874 MATTER TOTAL: 55.00 GRAND TOTAL: 55.00 TOTAL VALID ENTRIES $.00 INVALID ENTRIES : $.00 ENTRIES POSTED . 3 $68.75 FIRM ENTRIES $.00 TOTAL: 3 $68.75 Page: 1 Ledger Lac Valid Posting Date Mod. Amount Code Flag Batch Modified Optr. 11.25 SFAX WDC P 273395 052606 C4 Howard, D 40.00 SFAX WDC P C4 Howard, D 17.50 SFAX WDC P C4 Howard, D 68.75 68.75 273395 052606 273395 052606 )ww17 f- 9 725 Vv 411012006 51551.00003 ©. �� ���: $2.52 moo. SY MAY 0 5 2006 PAUL. H::L -v,-iS 4119/2006 58551.00003 ©VH 1 $8.50 PAUL, HASTINGS, JANOFSKY & WALKER LLP, 515 South Flower Street, 25`" Floor, Los Angeles, CA 90071.2228 telephone 213-683.60001 facsimile 213-627.0705 1 internet www,paulhastings.com Atlanta/ Beijing/ Brussels/ Hong Kong/ London/ Los Angeles/ Milan/ New York/ Orange County/ Palo Alto/ Paris/ San Diego/ San Francisco/ Shanghai/ Stamford! Tokyo/ Washington, O.C. Paul Hastings j{ JUN 0 5 D0 Monroe County May 25, 2006 P.O. Box 1026 Key West, FL 33041-1026 Please refer to Invoice Number: 1521786 Attn: Suzanne Hutton PHJ&W Tax ID No. 95-2209675 SUMMARY SHEET Galleon Bay Coro. PHJ&W LLP File# 58551-00003 Robert H. Freilich Legal fees for professional services for the period ending April 30, 2006 Costs incurred and advanced Current Fees and Costs Due Prior Balance Due Total Balance Due Note the change in the Wiring Instructions Wiring Instructions: Bank of America ABA # 0260-0959-3 CHIPS Address: 0959 Swift Code: B0FAUS3N 100 Nest 33*d Street New York, New York 10001 Account Number: 14599-04796 Account Name: Paul, Hastings, Janofsky & Walker LLP Comment: Please refer to the invoice number listed above. $30,055.00 1,131.72 $31,186.72 $67,966.31. $993153.03 Remittance Address: Paul, Hastings, )anofsky & Walker LLP 515 South Flower Street 25th Floor Los Angeles, CA 90071-2228 Refer all questions to Carol Brich at (213) 683-5039, or c,.irolbrich@paulliastings.com. PAUL, HASTINGS, JANGFSKY & WALKER LLP 515 South Flower Street, 25'h Floor, Los Angeles, CA 90071-2228 telephone 213-683-60001 facsimile 213-627-0705 1 internet www.paulhastings.com Atlanta! Beijing/ Brussels/ Hong Kong/ London/ Los Angeles/ Milan/ New York/ Orange County/ Palo Alto/ Paris/ San Diego! San Francisco/ Shanghai/ Stamford/ Tokyo/ Washington, D.C. Paul Hastings Monroe County May 25, 2006 P.O. Box 1026 Key West, FL 33041-1026 Please refer to Invoice Number: 1521786 Attn: Suzanne Hutton PHJ&W Tax ID No. 95-2209675 REMITTANCE COPY Galleon Bay Corn. PHJ&W LLP File# 58551-00003 Robert H. Freilich Legal fees for professional services for the period ending April 30, 2006 Costs incurred and advanced Current Fees and Costs Due Prior Balance Due Total Balance Due Note the change in the Wiring Instructions Wiring Instructions: Bank of America ABA # 0260-0959-3 CHIPS .Address: 0959 Swift Code: BOFAUS3N 100 West 33r" Street New York, New York 10001 Account Number: 14599-04796 Account Name: Paul, Hastings, Janofsky & Walker LLP Comment: Please refer to the invoice number listed above. $30,055.00 1,131.72 $31,186.72 $67,966.31 $99,153.03 Remittance Address: Paul, Hastings, Janofsky & Walker LLP 515 South Plower Street 25th Floor Los Angeles, CA 90071-2228 Refer all questions to Carol Brich at (213) 683-5039, or carolhrich@paulhas6ngs.com. Monroe County 58551-00003 Invoice No. 1521786 Invoice Invoice Date Number REMITTANCE COPY (coast.) Summary of Prior Balance Due Payments/ Amount Trust A12121. Page 2 Credits Balance Due 12/31/05 1492298 $70,005.05 $69,905.00 $0.00 $100.05 02/28/06 1501315 $56,674.78 $54,296.00 $0.00 $2,378.78 03/20/06 1505177 $36,797.83 $0.00 $0.00 $36,797.83 04/24/06 1514537 $28,689.65 $0.00 $0.00 $28,689,65 Total Prior Due $67,966.31 Balance Due $99,153.03 PAUL, HASTINGS, JANOFSKY & WALKER LLP 515 South Flower Street, 25t6 Floor, Los Angeles, CA 90071-2228 telephone 213-683-6000 !facsimile 213-627-0705 1 Internet www,paulhastings.com Atlanta/ Beijing/ Brussels/ Hong Kong/ London/ Los Angeles/ Milan/ New York/ Orange County/ Palo Alto/ Paris/ San Diego/ San Francisco/ Shanghai/ Stamford/ Tokyo/ Washington, D.C. Pau lHas tings Monroe County P.O. Box 1026 Key West, FL 33041-1026 Attn: Suzanne Hutton FOR PROFESSIONAL SERVICES RENDERED for the period ending April 30, 2006 Galleon Bay Corp. Date Timekeeper 04/03/06 Edgar Khalatian 04/03/06 Eric Schames 04/03/06 Robert H. Freilich 04/04/06 Derek V. Howard May 25, 2006 Please refer to Invoice Number: 1521786 PHJ&W Tax ID No. 95-2209675 $30,055.00 Description Hours Rate Amount Research regarding writ of 1.00 350.00 5350.00 prohibition Legal research regarding 6.00 110.00 $660.00 condemnation and builder's remedy; draft sections regarding same Prepare final draft of writ of 5,00 350.00 $1,750.00 prohibition Review orders from court re- 0.80 350.00 $280.00 setting temporary taking damages and jury trials; prepare correspondence to R. Freilich and E. Paster regarding same; telephone conference with judge's chambers for available dates for hearing on plaintiffs' motion for protective order; prepare correspondence to J. Mattson regarding availability of Gallaher for depositions; review correspondence from R. Freilich regarding petition for writ of prohibition Monroe County Page 2 58551-00003 Invoice No. 1521786 Date Timekeeper Description Hours Rate Amount 04/04/06 Robert H. Freilich Review and revise final draft 5.80 350.00 $2,030.00 of writ of prohibition 04/05/06 Derek V. Howard Legal research regarding 4.50 350.00 $1,575.00 demands for jury trial; prepare Demand for Jury Trial; leave message for K. Rupp regarding scheduling of plaintiffs motion for protective order; review correspondence from R. Freilich regarding petition for writ of prohibition; review voice mail messages frox-n J. Mattson 04/05/06 Elisa Paster Review and revise 0.50 350.00 $175.00 memorandum to J. Glogau, D. Howard and R. Shillinger 04/05/06 Eric Schaines Draft sections of writ of 3.00 110.00 $330.00 prohibition 04/05/06 Robert H. Freilich Prepare conclusion and 1.80 350.00 $630.00 temporary/permanent take section 04/06/06 Derek V. Howard Prepare correspondence to 1.70 350.00 $595.00 R. Freilich; conference with J. Glogau; review comments from R. Shillingcr and J. Glogau regarding petition for writ of prohibition; review correspondence from J. Mattson regarding deposition of R. Gallaher 04/06/06 Eric Schairnes Draft section on separation 3.00 110.00 $330.00 of powers 04/07/06 Derek V. Howard Review correspondence 0.50 350.00 $175.00 from J. Glogau regarding court selected methodology 04/07/06 Robert H. Freilich Telephone conference with 1.00 350.00 $350,00 D. Howard Monroe County 58551-00003 Invoice No. 1521786 Page 3 Date Timekeeper Description Hours Rate Amount 04/08/06 Derek V. Howard Review draft petition for 5.40 350.00 $1,890.00 writ of prohibition and revise 04/09/06 Derek V. Howard Conference with R. Freilich 0.20 350.00 $70.00 regarding petition for writ of prohibition and forward same 04/10/06 Derek V. Howard Compile and review 3.80 350.00 $1,330.00 documents to include in appendix; prepare appendix; revise draft petition for writ of prohibition; finalize jury trial demand; review correspondence from J. Glogau regarding jury trial 04/12/06 Derek V. Howard Conference with T. Marr in 5.20 350.00 $1,820.00 Key Largo regarding status of litigation; conference with E. Paster regarding conference with Marr 04/13/06 Derek V. Howard Review revisions to draft 6.40 350.00 $2,240.00 petition by R. Freilich; finalize draft petition; conference with I3. Paster regarding filing of petition; prepare correspondence to J. Glogau regarding final draft petition 04/14/06 Derek V. Howard Legal research regarding 4.20 350.00 $1,470.00 flood insurance, endangered species act and appraisal methodologies 04/ 14/06 Robert H. Freilich Legal research regarding 2.80 350.00 $980.00 investment backed expectations as element of damages in compensations trial and other damage tests Monroe County 58551-00003 Invoice No. 1521786 Page 4 Date Timekeeper Description Hours Rate Amount 04/17/06 Derek V. Howard Revise and finalize petition 3.20 350.00 $1,120.00 for writ of prohibition and appendix pursuant to J. Glogau's review and comments, prepare packets for Filing 04/20/06 Derek V. Howard Review correspondence 1.60 350.00 $560.00 from J. Glogau regarding USPAP rules; legal research; conference with J. Glogau regarding appraisal instructions 04/21 /06 Derek V. Howard Legal research regarding 7.20 350.00 $2,520.00 application of Endangered . Species Act and Coastal Barrier Resources Act 04/24/06 Derek V. Howard Review acknowledgement of 0.10 350.00 $35.00 new case notice from Third District Court of Appeal 04/25/06 Derek V. Howard Conference with R. Freilich 5.60 350.00 $1,960.00 regarding preparation for temporary and permanent takings trials; prepare second set of interrogatories and request for adt-fissions 04/26/06 Derek V. Howard Review voice message from 3.10 350.00 $1,085,00 T. Marr regarding trial dates and appraisal instLuction; legal research regarding Judge Payne's order 04/27/06 Derek V. Howard Review correspondence 3.90 350.00 $1,365,00 from R. Shillinger regarding the Third District order; conference with J. Glogau regarding same; conferences with R. Freitich and E. Paster regarding same; legal research 04/27/06 Edgar X-halatian Research date of take and 1.00 350.00 $350.00 damages Monroe County Page 5 58551-00003 Invoice No. 1521786 Date Timekeeper Description Hours Rate Amount 04/27/06 Robert H. Freilich Telephone conference with 2.40 350.00 $840.00 D. Howard regarding temporary taking trial; analyze expert Witness regarding damages 04/28/06 Derek V. Howard Review voice message from 3.40 350.00 $1,190.00 R. Freilich regarding expert testimony; conference with R. Freilich regarding same; prepare interrogatories and request for admissions Total Fees 94.10 $30,055.00 Timekeeper Summary Robert H. Freilich 18.80 hours at $350.00 Derek V. Howard 60.80 hours at $350.00 Edgar Khalatian 2.00 hours at $350.00 Elisa Paster 0.50 hours at 350.00 Eric Schames 12.00 hours at $110.00 For Costs Incurred and Advanced Long Distance Telephone Charges 19.80 Photocopy Charges 730.80 Facsunile 67.50 Postage/Express Mail 13.62 "CLERK, THIRD DISTRICT COURT APPEAL" "Clerk, Third District Court of 300.00 Appeal" 04/13/06 Total Costs $1,131.72 Monroe County 58551-00003 Invoice No. 1521786 Current Fees and Costs Due Prior Balance Due Total Balance Due Page 6 $31,186.72 $67,966.31 $99,153.03 PAUL, HASTINGS, JANOFSKY & WALKER LLP 515 South Flower Street, 25" Floor, Los Angeles, CA 90071-2228 telephone 213-683-60001 facsimile 213-627-0705 1 internet www,paulhastings.com Paul Hastings Atlanta/ Beijing/ Brussels/ Hong Kong/ London/ Los Angeles! Milan/ New York/ Orange County/ Palo Alto/ Paris/ San Diego/ San Francisco/ Shanghai/ Stamford/ Tokyo/ Washington, D.C. RECEIVE MAY 0 1 20D Monroe County April 24, 2006 40NROE GOU ITY ATTORNEY P.O. Box 1026 Key West, FL 33041-1026 Please refer to Invoice Number: 1514537 Attn: Suzanne Hutton PHJ&W Tax ID No. 95-2209675 SUMMARY SHEET Galleon Bay Corp. PHJ&W LLP Fite# 58551-00003 Robert H. Freilich Legal fees for professional services for the period ending IVlarch 31, 2006 Costs incurred and advanced Current Fees and Costs Due Prior Balance Due Total Balance Due Note the change in the Wiring Instructions Wiring Instructions: Bank of America ABA # 0260-0959-3 CHIPS Address: 0959 Swift Code: 130FAUS3N 100 West 33«l Street New York, New York 10001 Account Number: 14599-04796 Account Name: Paul, Hastings, Janofsky & Walker LLP Comment: Please refer to the invoice number listed above. $28,035.00 654.65 $28,689.65 $123,560.55 $152,250.20 Remittance Address: Paul, Hastings, Janofsky & Walker LLP 515 South Flower Street 25th Floor Los Angeles, CA 90071-2228 Refer all questions to Carol Brich at (213) 683-5039, or carolbrich@paulhasti€igs.com. i�( Monroe County 58551-00003 Invoice No. 1514537 Invoice Invoice Date Number Page 2 REMITTANCE COPY (cunt.) Summary of Prior Balance Due Payments/ Amount Trust App1. Credits Balance Due 12/31 /05 1492298 $70,005.05 42,787.11 $0.00 $27,217.94 01/18/06 1496300 $2,870.00 $0.00 $0.00 $2,870.00 02/28/06 1501315 $56,674.78 $0.00 $0.00 $56,674.78 03/20/06 1505177 $36,797.83 $0.00 $0.00 $36,797.83 Total Prior Due $123,560.55 Balance Due $152,250.20 PAUL, HASTINGS, JANOFSKY & WALKER LLP 515 South Flower Street, 25`h Floor, Los Angeles, CA 9G071-2228 telephone 213-683-6000! facsimile 213-627.0705 1 internet www,paulhastings.com Atlanta! Beijing/ Brussels/ Hong Kong/ London/ Los Angeles/ Milan/ New York/ Orange County/ Palo Alto/ Paris/ San Diego/ San Francisco/ Shanghai/ Stamford/ Tokyo/ Washington, D.C. Paul Hastings Monroe County P.O. Box 1026 Ivey West, FL 33041-1026 Attn: Suzanne Hutton FOR PROFESSIONAL SERVICES RENDERED for the period ending March 31, 2006 Galleon Bay CoW. Date Timekeeper 03/01/06 Derek V. Howard 03/01/06 Edgar Khalatian 03/01/06 Robert H. Freilich April 24, 2006 Please refer to Invoice Number: 1514537 PHJ&W Tax ID No. 95-2209675 $28,035.00 Description Hours Rate Amount Telephone conference with 5.20 350.00 $1,920.00 R. Freilich and E. Paster regarding petition for writ of prohibition; prepare correspondence to J. Glogau regarding same; review correspondence from J. Glogau regarding same; requesting pretrial conference before temporary taking damages trial; legal research regarding petitions for writ of prohibition Legal research 0.30 350.00 $105.00 Analyze writ of prohibition 2.80 350.00 $980.00 bases; telephone conference with D. Howard Monroe County Page 2 58551-00003 Invoice No. 1514537 Date Timekeeper Description Flours Rate Amount 03/02/06 Derek V. Howard Telephone conference with 7.50 350.00 $2,625.00 J. Glogau regarding petition for writ of prohibition, plaintiffs` notice for trial on temporary taking damages; prepare motion for pretrial conference; prepare electronic correspondence to R. Freilich and E. Paster regarding conference with J. Glogau, legal research regarding petitions for writ of prohibition 03/02/06 Edgar Khalatian Research for writ of 3.00 350.00 $1,050.00 prohibition 03/02/06 Elisa Paster Research legal issues for writ 0.80 350.00 $280.00 of prohibition 03/02/06 Robert H. Freilich Legal research regarding 4.20 350.00 $1,470,00 temporary damages and temporary takings 03/03/06 Derek V. Howard Legal research regarding 5.40 350.00 $1,890.00 writs of prohibition, review of correspondence from E. Khalatian 03/03/06 Edgar Khalatian Research for writ of 2.50 350.00 $875,00 prohibition 03/03/06 Elisa Paster Resarch for writ of 0.20 350.00 $70.00 prohibition 03/03/06 Robert H. F'reilicb Prepare legal memorandum 1.20 350.00 $420.00 03/05/06 Derek V. Howard Prepare petition for writ of 6.20 350.00 $2,170.00 prohibition 03/06/06 Edgar Klialatian Research regarding writ of 0.50 350.00 $175.00 prohibition 03/07/06 Derek V. Howard Review plaintiffs notice for 0.20 350.00 $70.00 12-person jury trial 03/07/06 Robert H. Freilich Draft writ of prohibition 3.20 350.00 $1,120.00 Monroe County 58551-00003 Invoice No. 1514537 Page 3 Date Timekeeper Descrintao Hours Rate Amount 03/08/06 Edgar Khalatian Research for writ of 1.00 350.00 $350.00 prohibition 03/16/06 Derek V. Howard Review correspondence 0.20 350.00 $70.00 from E. Paster regarding identification of trial witnesses; prepare correspondence to J. Glogau regarding petition for writ of prohibition 03/16/06 Derek V. Howard Review Galleon Bay's 2.70 350.00 $945.00 response to Monroe Countl7's motion for rehearing and/or reconsideration and caselaw cited therein 03/17/06 Derek V. Howard Conference with R. Freilich 0.80 350.00 $280.00 and E. Paster regarding trial preparation 03/17/06 Robert H. Freilich Review appraiser's reports 2.40 350.00 $840.00 and depositions; telephone conference with R. 5hillinger and D. Howard 03/19/06 Derek V. Howard Prepare petition for writ of 6.70 350.00 $2,345.00 prohibition 03/20/06 Derek V. Howard Respond to voice mail 8.70 350.00 $3,045.00 message from R. 5hillinger regarding status of petition for writ of prohibition; prepare petition For writ of prohibition; legal research; prepare correspondence to R. Freilich regarding petition for writ of prohibition; conference with Judge Payne's JA regarding scheduling of temporary taping damages trial on April 24 Monroe County 58551-00003 Invoice No. 1514537 Date Timekeeper 03/21/06 Derek V. Howard 03/22/06 Derek V. Howard 03/22/06 Robert H. Freilich 03/22/06 Robert H. Freilich 03/23/06 Derek V. Howard Description Review order denying motion for reconsideration and order setting cause for trial by jury and directing pre-trial procedure; prepare correspondence to R. Freilich and J. Glogau regarding same; review of correspondence from E. Paster regarding scheduling conflicts, conference with Judge Payne's judicial assistant regarding saane; Conference with M. Mart; conference with R. Freilich; R. Shillinger, and J. Glogau regarding petition for writ of prohibition and trial preparation; legal research; correspondence to R. Shillinger Review pretrial order Telephone conference with attorneys Conference with E. Paster regarding scheduling a case management conference; conference with Judge Payne's judicial assistant regarding available date; prepare correspondence to J. Glogau regarding case management conference Hours 0.50 2.00 Rate 350.00 350.00 0.60 350.00 1.20 350.00 0.40 350.00 Page 4 Amount $175.00 $700.00 $210.00 $420.00 $140.00 Monroe County 58551-00003 Invoice No. 1514537 Date Timekeeper Description 03/27/06 Derek V. Howard Review correspondence fron-iJ. Mattson regarding filing of notices of unavailability by Frei[ich and Stevenson, prepare correspondence to R. Shiilinger regarding same; conference with trial witnesses 03/27/06 Robert H. Freilich Legal research 03/28/06 Derek V. Howard Leave voice message for]. Thompson 03/29/06 Derek V. Howard Conference with R. Freilich and E. Paster regarding petition for writ of prohibition 03/29/06 Robert H. Freilich Review unit of prohibition draft 03/30/06 Derek V. Ioward Review provisions of order of taping 03/31/06 Robert H. Freilich Review and revise petition for writ of petition Total Fees Robert H. Freilich Derek V. Howard Edgar Khalatian Elisa Paster For Costs Incurred and Advanced Timekeeper Summary Hours Rate 0.80 350.00 Page 5 Amount $280.00 1.80 350.00 $630.00 0.20 350.00 $70.00 0.30 350.00 $105.00 2.00 350.00 $700.00 1.10 350.00 $385.00 3.50 350.00 $1,225.00 80.10 $28,035.00 22.90 hours at $350.00 48.90 hours at $350.00 7.30 hours at $350.00 1.00 hours at $350.00 Monroe County Page 6 58551-00003 Invoice No. 1514537 Courier Service 10.62 Long Distance Telephone Charges 5.28 Photocopy Charges 165.00 Secretarial Overtime Charges 17.50 1-�acsii-l'iile 156.25 Outside Professional Services - - Law Offices Of Alan K. Steinbrecher; Invoice #: 300.00 1105; Invoice Date: 02/28/06 Total Costs $654.65 Current Fees and Costs Due $28,689.65 Prior Balance Due $123,560.55 Total Balance Due $1521250.20 PAUL, HASTINGS, JANOFSKY & WALKER LLP 515 South Flower Street, 25" Floor, Los Angeles, CA 90071-2228 telephone 213.683-60001 facsimile 213-627-07051 internet www.paulhastings.com Attantal Beijing/ Brussels/ Hong Kong/ London/ Los Angeles/ Milan! New York/ Orange County/ Palo Alto/ Paris/ San Diego/ San Francisco/ Shanghai/ Stamford/ Tokyo/ Washington, D.C. Paul Hastings Monroe County P.O. Box 1026 Key West, FL 33041-1026 Attn: Suzanne Hutton SUMMARY SHEET Galleon Balm. PHJ&W LLP File# 58551-00003 Robert H. Freilich Legal fees for professional services for the period ending February 28, 2006 Costs incurred and advanced Current Fees and Costs Due Prior Balance Due Total Balance Due Note the change in the Wiring Instructions Wiring Instructions: Bank of America ABA # 0260-0959-3 CHIPS Address: 0959 Swift Code: BO-FAUS3N 100 West 33,11 Street New York, New York 10001 Account Number: 14599-04796 Account Name: Paul, Hastings, Janofsky & Walker LLP Comment: Please refer to the invoice number listed above. March 20, 2006 Please refer to Invoice Number: 1505177 PHJ&W Tax ID No. 95-2209675 $35,770.00 1,027.83 $36,797.83 $86,762.72 $123,560.55 Remittance Address: Paul, Hastings, Janofsky & Walker LLP 515 South. Flower Street 25th Floor Los Angeles, CA 90071-2228 r. Refer all questions to Carol Brick at (213) 683-5039, or carolbrich a paulhastings.com. PALL, HASTINGS, JANOFSKY & WALKER LLP 515 South Flower Street, 25Eh Floor, Los Angeles, CA 90071-2228 telephone 213-683-60001 facsimile 213-627-07051 internet www.paulhastings.com Pau lHas tings Monroe County P.O. Box 1026 Key West, FL 33041-1026 Attn: Suzanne Hutton Galleon Ba Ca PHJ&W LLP File# 58551-00003 Robert H. Freilich Atlanta/ Beijing/ Brussels/ Hong Kong/ London/ Los Angeles/ Milan/ New York/ Orange County/ Palo Alto/ Paris/ San Diego! San Francisco! Shanghai/ Stamford/ Tokyo! Washington, D.C. March 20, 2006 Please refer to Invoice Number: 1505177 PHJ&W Tax ID No. 95-2209675 REMITTANCE COPY Legal fees for professional services for the period ending February 28, 2006 Costs incurred and advanced Current Fees and Costs Due Prior Balance Due Total Balance Due Note the change in the Wiring Instructions Wiring Instructions: Bank of America ABA # 0260-0959-3 CHIPS Address: 0959 Swift Code: BOFAUS3N 100 West 33rd Street New York, New York 10001 Account Number: 14599-04796 Account Name: Paul, Hastings, Janofsky & Walker LLP Comment: Please refer to the invoice number listed above. $35,770.00 1,027.83 $36,797.83 $86,762.72 $123,56055 Remittance Address: Paul, Hastings, Janofsky & Walker LLP 515 Soud-i Flower Street 25t11 Floor Los Angeles, CA 90071-2228 Refer all questions to Carol Brich at (213) 683-5039, or carolbricli@paulhastings.com. Moza_toe County 58551-00003 Invoice No. 1505177 Invoice Invoice Date Number Page 2 REMITTANCE COPY (coat.) Summary of Prior Balance Due Payments Amount Trust A12121. Credits Balance Due 12/31 /05 1492298 $70,005.05 $42,787.11 $0.00 $27,217.94 01 / 18/06 1496300 $2,870.00 $0.00 $0.00 $2,870.00 02/28/06 1501315 $56,674.78 $0.00 $0.00 $56,674.78 Total Prior Due $86,762.72 Balance Due $123,560.55 PAUL, HASTMGS, JANOFSKY & WAU<eR LLP 515 South Flower Street, 25m Floor, Los Angeles, CA 90071-2228 telephone 213-683-60001 facsimile 213-627-0705 / Internet www.paulhastings.com Atlanta/ Beijingl Brussels/ Hong Kong/ London/ Los Angeles/ Milan/ New York/ Orange County/ Palo Alto] Paris/ San Diego/ San Francisco/ Shanghai/ Stamford/ Tokyo[ Washington, D.C. PaulHastings Monroe Counts, March 20, 2006 P.O. Box 1026 Key West, FL 33041-1026 Please refer to Invoice Number: 1505177 Attn: Suzanne Hutton. PHJ&W Tax ID No. 95-2209675 FOR PROFESSIONAL SERVICES RENDERED for the period ending February 28, 2006 Galleon Bay Cor2. $35,770.00 Date Timekeeper Description Hours Rate Amount 02/01/06 Derek V. Howard Attend conference with B. 5.70 350.00 $`.s1,995.00 Shillinger, R. Collins, and R. Freilich regarding litigation strategy and closed session with the Board of Counts, Commissioners; prepare correspondence to B. Shillinger regarding case law on verbatim adoption of proposed orders; legal research regarding judicial bias and impropriety; prepare correspondence to R. Freilich regarding trial on compensation 02/02/06 Derek V. Howard Call from T. Smith inquiring 0.10 350.00 $35.00 whether Judge Payne had previously entertained order entered on January 30, 2006 02/02/06 Derek V. Howard Prepare motion for rehearing 7.30 350.00 $2,555.00 on Galleon Bay's second motion to amend; legal research Monroe County Page 2 58551-00003 Invoice No. 1505177 Date Timekeeper Description Hours Rate Amount 02/03/06 Derek V. Howard Prepare motion for rehearing 6.90 350.00 $2,415.00 on Galleon Bay's second motion to amend; legal research 02/06/06 Derek V. Howard Prepare motion for rehearing 8.30 350.00 $2,905.00 of Galleon Bay's second motion to amend 02/07/06 Derek V. Howard Prepare motion for rehearing 9.30 350.00 $3,255.00 of Galleon Bay's second motion to amend; legal research regarding court's finding that regulations must be invalidated because they are confiscatory, judicial recognition of "permanent regulatory takings„ 02/08/06 Derek V. Howard Prepare motion for rehearing 8.80 350.00 $3,080.00 on Galleon Bay's second motion to amend; review comments from E. Paster regarding motion for rehearing; legal research regarding invalidation of confiscatory regulations 02/08/06 Ehsa Paster Review and revise motion to 2.50 350.00 $875.00 rehear 02/09/06 Derek V. Howard Prepare motion for 7.80 350.00 $2,730.00 rehearing; .telephone conference with E. Paster regarding same; legal research regarding temporary regulatory takings 02/09/06 Elisa Paster Review and revise motion to 1.00 350.00 $350.00 rehear; telephone conference with J. Sanders regarding BUD ordinance 02/10/06 Derek V. Howard Prepare correspondence to 0.10 350.00 $35.00 B. Shilltnger regarding filing of motion for rehearing Monroe County 58551-00003 Invoice No. 1505177 Date Timekeeper 02/13/06 Robert H. Freilich 02/14/06 Derek V. Howard 02/15/06 Derek V. Howard 02/16/06 Derek V. Howard 02/16/06 Robert H. Freilich Description Review and revise brief regarding rehearing Prepare correspondence to E. Paster regarding closed session with BOCC, conference with E. Paster regarding same Review correspondence from B. Shillinger regarding closed session with board of county commissioners Attend conference with B. Shillinger, J. Saunders, R. Freilich, and E. Paster regarding administrative issues, closed session with BOCC and litigation strategy in Galleon Bay and Collins; attend conference with R. Freilich regarding valuation trial; review correspondence from J. Glogau regarding motion for rehearing and petition for writ of prohibition; attention to valuation issues, including guidelines for updated appraisal report; prepare argument regarding impact of federal jurisdiction under Endangered Species Act on liability and valuation issues Telephone conference with city attorneys regarding appeal of Judge Payne's order; legal research regarding separations of powers, building remedy; telephone conference with D. Howard regarding fish and wildlife Hours Rate 2.00 350.00 0.40 350.00 0.10 350.00 3.60 350.00 2.40 350.00 Page 3 Amount $700.00 ,5140.00 $35.00 $1,260.00 $840.00 Monroe County Page 4 58551-00003 Invoice No. 1505177 Date Timekeeper Description Hours Rate Amount 02/17/06 Derek V. Howard Legal research regarding 5.20 350.00 $1,820.00 writs of prohibition, separation of powers doctrine 02/17/06 Derek V. Howard Telephone conferences with 0.50 350.00 $175.00 E. Paster and R. Freilich regarding closed session with BOCC 02/19/06 Derek V. Howard Prepare outline for 2.20 350.00 $770.00 presentation of Galleon Bay matter to board of county commissioners in closed session 02/20/06 Derek V. Howard Prepare litigation budget 6.60 350.00 $2,310.00 pursuant to request by B. Shillinger; travel between Washington, D.C. and Key Largo for early Morning closed session with BOCC on February 21, 2006 02/20/06 Robert H. Freilich Draft memorandum to 2.40 350.00 $840.00 board of county; telephone conference with D. Howard 02/21/06 Derek V. Howard Travel between Key Largo 3.80 350.00 $1,330.00 and Marathon for closed session with Board of County Commissioners; telephone conferences with B. Freilich regarding same; attend closed session with Board of County Commissioners 02/21/06 Robert H. Freilich Telephone conference with 2.00 350.00 $700.00 D. Howard regarding unit of prohibition Monroe County Page 5 58551-00003 Invoice No. 1505177 Date Timekeeper Description Hours Rate Amount 02/22/06 Derek V. Howard Review correspondence 4.20 350.00 $1,470,00 from B. Slvllinger regarding w, rits of prohibition, review English v. McCrary attached thereto; return travel from closed session with BOCC between Fort Lauderdale and Washington, DC; telephone conference with E. Paster regarding deadline for filing petition for writ of prohibition 02/24/06 Derek V. Howard Telephone conference with 7.80 350,00 $2,730.00 J. Glogau regarding State's current litigation posture, petition for writ of prohibition; legal research regarding petitions for writ of prohibition,; prepare memorandum to R. Freilich regarding conference with Glogau, petition for writ of prohibition, recommended litigation strategy 02/27/06 Derek V. Howard Prepare outline for petition 1.20 350.00 $420.00 for writ of prohibition, correspondence to R. Freilich and E. Paster regarding same Total Fees 102.20 $35,770.00 Timekeeper Summary Robert H. Freilich 8.80 hours at $350.00 Derek V. Howard 89.90 hours at $350.00 Ehsa Paster 3.50 hours at 9350.00 Monroe County Page 6 58551-00003 Invoice No. 1505177 For Costs Incurred and Advanced Airfare 275.70 Meals 80.50 Lodging 321.25 Courier Service 42.64 Taxi/Ground Transportation 203.04 Parking 12.75 HC-IVlisc 6.95 Long Distance Telephone Charges 25.08 Photocopy Charges 51.40 Postage/Express Mail 8.52 Total Costs $1,027.83 Current Fees and Costs Due $36,797.83 Prior Balance Due $86,762.72 Total Balance Due $123,560.55 Meeting Date: 3/21/07 Bulk Item: Yes xx No Division: County Attorney Staff Contact: Suzanne Hutton AGENDA ITEM WORDING: Approval of a resolution authorizing acceptance of certain property located at Block 3, Lots 2, 3, and 4 of Silver Shores Estates, Ramrod Key, FL (end of Bay Shore Drive) from the Monroe County Comprehensive Land Authority for use as a public park. The subject properties are located at the end of Bay Shore Drive on Ramrod Key and are used by the public for swimming, picnicking, and sunbathing. One of the concerns raised by the public at a recent CommuniKeys public meeting was the need to prohibit overnight parking at this site. In order to address this concern, star proposes that the Land Authority transfer the properties to the Board for specific use as a public park so the County can adopt an ordinance establishing hours of operation. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval of resolution. BUDGETED: Yes xx No RI EiVENUE PRODUCING: Yes No AMOUNT PER MONTH YEAR APPROVED BY: County Atty xx OMB/Purchasing Risk Management Included xx Not Required Revised 11/06 "o i iig �4 RESOLUTION NO. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE ACCEPTANCE OF BLOCK 3, LOTS 2, 3, AND 4 OF SILVER SHORES ESTATES FROM THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY FOR USE AS A PARK. WHEREAS, Section 125.01(f), Florida Statutes (FS), empowers the Board of County Commissioners of Monroe County, Florida (hereinafter "BOCC") to acquire land for public parks and to adopt ordinances regulating activities at public parks; and WHEREAS, the Monroe County Comprehensive Plan Land Authority is the owner of Block 3, Lots 2, 3, and 4, Silver Shores Estates (PB 4-111) on Ramrod Key (hereinafter "subject properties") and said properties are used by the public for recreational purposes; and WHEREAS, in response to requests by the public, the Monroe County Public Works Department and County Attorney's Office have initiated steps to formally designate the subject properties as a park and to establish hours of operation; and WHEREAS, in order to facilitate this process it is necessary for the Land Authority to transfer title to the subject properties to the Monroe County Board of County Commissioners; and BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: 1. The BOCC hereby agrees to accept title to Block 3, Lots 2, 3, and 4, Silver Shores Estates from the Monroe County Comprehensive Plan Land Authority. 2. The BOCC hereby acknowledges that the deed into the BOCC will restrict future use of the properties to public recreation. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a meeting of said Board held on the day of 2007. Mayor Di Gennaro Mayor Pro Tern Spehar Commissioner McCoy Commissioner Murphy Commissioner Neugent (SEAL) Attest: DANNY L. KOLHAGE, Clerk Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/% qbt%",',,9 8WT APPROVED AST F iJZANNE A. TON CO T , �qi NY Date -�.0 / Meeting Date- March 21, 2007 division: County Attorney Bulk Item: Yes XX No Department: County Attorney Star Contact Person: Pedro J. Mercado AGENDA ITEM WORDING: ING: Discussion and approval of proposed settlement agreement in the Code Enforcement case of Monroe County, Florida v. William Jordan and Hazel Jordan, Case No. CE04080089. ITEM BACKGROUND: During a site visit on August 5, 2004, Mr. and Mrs. Jordan were cited for violation of County Code 9.5-111 Building Permit Required, performing roofing, flooring, soffitt and facia work on their home obtaining a permit. The Jordans obtained after -the -fact permits for the work then attempted, unsuccessfully, to hire an engineer to certify the work that had been completed. Because of the age and condition of the home, they then decided to demolish the home and replace it with a modular. The Jordans followed through, obtained all necessary permits, demolished the old structure and replaced it with a modular home. The property was brought into compliance on July 28, 2005 at which time the fines totaled $25,600.00. Throughout the period of time during which the case was active, the Jordans kept in constant contact with the code enforcement inspector and kept the inspector apprised of the efforts being expended to bring the property into compliance and diligently worked towards correcting the violation. Staff is in agreement that the fines in this case should be waived and that the case should be settled for $100.00, the administrative costs imposed in the case. PREVIOUS 13 t4 i ACTION: None S'TATI+" RECOMMENDATIONS: Approval. TOTAL COST: NIA BUDGETED: Yes No COST TO COUNTY: NIA SOURCE OF FUNDS: VENUE PRODUCING: Yes No xx AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 2/05 BEFORE D ENFORCEMENT OF MONROE COUNTY,FLORIDA The Honorable Larry J. Sartin, Presiding Petitioner, VS. WILLIAM JORDANand HAZELJORDAN, Respondents CASE NO.: CE0504080089 SETTLEMENT AGREEMENT The Petitioner, Board of County Commissioners of Monroe County and William Jordan and Hazel Jordan, Respondents, hereby agree to settle the code enforcement lien imposed in the above -referenced case by the Special Magistrate against property owned by the Respondents as follows: 1. The parties agree to settle the code enforcement lien for $100.00.(Payment has been remitted by the respondents and proof attached hereto) 2. The property in question has a legal description of D-1 10TH AVENUE, STOCK ISLAND, MONROE COUNTY, FLORIDA (RE#:00128680-000000). 3. Upon approval of this agreement by the Board of County Commissioners, the County will issue to the Respondents a release and satisfaction of said lien for filing by the Respondents in the Official Records of Monroe County. 4. The County will file a copy of the release and satisfaction in the official Code Enforcement file. 5. By entering into this agreement, each party agrees to waive any and all claims that it could have raised and/or potential claims that it might have been able to raise as a result of the above -captioned code enforcement case. 6. Both parties warrant that they have had an opportunity to consult with counsel before entering into this agreement. 7. Each party agrees to bear its own costs and attorney's fees other than as specified in this agreement. ATTEST: DAI®NY L. KOL14AGE BOARD OF COUNTY COMISStONERS CLERK: OF MONROE COUNTY M Deputy Clerk Dated Mario DiGennaro, Mayor ordan . 1'l i ► MARY E. CHASE s'r° .`4 Notary Public - Slate of Florida _ • . 3 MY Comm-c5+1:n � Wjres Feb 8. 2013 =, r orrsrr tis v,r )G 638442 8(3ti �r avr- 1 i"rji4 Ontiry AcA Jordan pondent (date) Respondent &Ld'� y: A,* 4- ,, 0 kN-ota*y Public (date) P.O. Box 1026 Key West, FL 33041 W 1026 (305) 292-5046 MONROE COUNTY ***LIVE*** Page 1 of 1 MISCELLANEOUS RECEIPT RECEIPT # : 76347 PRINT DATE 09/27/2005 RECEIPT DATE 09 27 2005 PRINT TIME 13:30:53 OPERATOR bassk COPY # 1 RECEIVED BY bassk CASH DRAWER: 2 REC'D. FROM WILLIAM JORDAN UDF 106.1 UDF 106.2 NOTES : ADMINISTRATIVE COST PAID FOR CASE 4CE04080089 FEE ID AMOUNT CODEADMIN 100.00 TOTALS: 100.00 METHOD OF PAYMENT AMOUNT CHECK T 100.00 TOTAL RECEIPT : _ ^~ 100.00 THIS RCPT BALANCE 100.00 0.00 100.00 0.00 NUMBER 08950457632 M- Meeting Date: March 21 2007 Division: Couin Attome Bulk Item: Yes AX No Department: County Attorney Staff Contact Person: Pedro J. Mercado .AGENDA, ITEM WORDING: Discussion and approval of proposed settlement agreement in the Code Enforcement case of Monroe County, Florida v. GeoLge C. Merkh Jr., Case No. CE06010082. ITEM BACKGROUND: During a site visit on November 11, 2005, Ms. Merkh was cited for violation of County Code 6.4, Unsafe Building, due to Hurricane Wilma storm damage. The case was set for hearing before the special magistrate on April 27, 2006, at which time a violation was found. An initial compliance date was set; however, in order to give Mr. Merkh every opportunity to come into compliance, the date was continued a number of times. Due to the lack of progress, fines were imposed beginning July 20, 2006. The property was finally brought into compliance on September 1, 2006 at which time the fines totaled $6,550.00. Unfortunately Mr. Merkh did a poor job of staying in contact with staff and keeping staff apprised of what was occurring and did not appear to take the matter seriously until fines were actually imposed. Staff does not object to a mitigation of the fines however due to the lack of diligence and the amount of time that elapsed, it would be inappropriate to mitigate the fine as low as those who diligently work towards compliance. In this case staff recommends settling the fine for twenty five percent of the total, $1,637.50. ■ ;<� 1 ?, C—C T A ■, None STAFF RECOMMENDATIONS: Approval. TOTAL, COST: NIA BUDGETED: Yes No COST TO COUNTY: N/A SOURCE OF FUNDS: PROVED BY: County Atty X OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 2105 BEFORE THE CODE ENFORCEMENT SPECIAL MAGISWF= OF MONROE COUNTY, FLORIDA The Honorable Larry J. r Presiding Petitioner, VS. GEORGE C. MERKH JR., Respondent CASE NO.: CE06010082 The Petitioner, Board of County Commissioners of Monroe County and George C. Merkh, Jr., Respondent, hereby agree to settle the code enforcement lien imposed in the above -referenced case by the Special Magistrate against property owned by the Respondent as follows: 1. The parties agree to settle the code enforcement lien for $1,637.50. 2. The property in question has a legal description of BK LT 11, BAY POINT TRAILER PARK, SADDLEBUNCH KEYS, PB3-57, MONROE COUNTY, FLORIDA (RE#:00161690-000000). 3. Upon approval of this agreement by the Board of County Commissioners, the Respondent shall remit a check in the amount of $1,637.50 made payable to the Board of County Commissioners. 4. Once the aforementioned check has cleared, the County will issue to the Respondent a release and satisfaction of said lien for filing by the Respondent in the Official Records of Monroe County. 5. The County will file a copy of the release and satisfaction in the official Code Enforcement file. 6. By entering into this agreement, the each party agrees to waive any and all claims that it could have raised and/or potential claims that it might have been able to raise as a result of the above -captioned code enforcement case. 7. Both parties warrant that they have had an opportunity to consult with counsel before entering into this agreement. 8. Each party agrees to bear its own costs and attorney's fees other than as specified in this agreement. ATTEST: DANNY L. KOLHAGE BOARD OF COUNTY COMISS ONERS CLERK: OF MONROE COUNTY Deputy Clerk Dated URI Mario DiGennarro, Mayor Respondent Zejeorge C. Merkh., Jr. ary P lie By: 3 -of- D % (date) This docu) ent was approved as to for Pedro J. Merc o, Esq. Assistant Co ty Atto Florida Bar 4050 P.O. Box rG26 Key West, FL 33041-1026 (305) 292-5046 L Flo€tCfL7 '007commission# DD178014Bonded By National Not Assn. Meeting Date: March 21, 2007 Bulk Item: Yes XX No _ Division: County Attorney Department: County Attorney Staff Contact Person- Pedro J. Mercado AGENDA ITEM WORDING: Discussion and approval of proposed settlement agreement in the Code Enforcement case of Monroe County, Florida v. William and Nellie Fitch, Case No. CE05070050. During July 2005 conducted a site visit on the property of Mr. and Mrs. Fitch and observed 2 separate code violations. Section 8-17 of the County Code requires Premises to be Cleaned and Mowed. The Fitchs' were cited for a violation of this section because of an excessive amount of construction debris stored on the property. The Fitchs' were also cited for a violation of section 6-4 Unsafe Building because of the degree of spalling noted on the homes concrete cantilever's. The violation of section 8- 17 was brought into compliance within a matter of weeks however through no fault of the Fitchs', the violation for the unsafe building took considerably longer. Despite numerous attempts and partially due to the active 2005 hurricane season, Mr. Fitch was unable to locate a contractor for the repairs. Ultimately, Mr. Fitch had to effect the repair work himself. At the time the property was brought in to compliance on 8/25/06 the fines had accrued in the amount of $43,400. Throughout the period of time during which the case was active Mr. Fitch kept in constant contact with the code enforcement inspector and kept the inspector apprised of the efforts being expended to bring the property into compliance. Staff is in agreement that the fines in this case should be waived and that the case should be settled for $100.00, the administrative costs imposed in the case. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: None Approval. TOTAL COST: N/A BUDGETED: Yes No COST TO COUNTY: N/A SOURCE OF FUNDS: 1;E i1s. � W :: APPROVED BY: County Atty X OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 2/05 B a ,i,_ ,W TAE i_ ETIFORCEITIE11T1, i=, ;" OF MONROEFLORIDA 1 The Honorable Presiding lt��Zi7TKill§R-.11�I.I.Ii i 17M1 VS. • Petitioner, CASE NO.: CE05070050 Respondents SETTLEMENT AGREEMENT The Petitioner, Board of County Commissioners of Monroe County and William H. Fitch and Nellie Fitch, Respondents, hereby agree to settle the code enforcement lien imposed in the above -referenced case by the Special Magistrate against property owned by the Respondents as follows: 1. The parties agree to settle the code enforcement lien for $100.00.(Payment has been remitted by the respondents and proof attached hereto) 2. The property in question has a legal description of LOT 73, SIMILAR SOUND, SECTION B, AKA 73 TAMARIND DRIVE, BIG COPPITT KEY, MONROE COUNTY, FLORIDA (RE#:00154410- 000000). 3. Upon approval of this agreement by the Board of County Commissioners, the County will issue to the Respondents a release and satisfaction of said lien for filing by the Respondents in the Official Records of Monroe County. 4. The County will file a copy of the release and satisfaction in the official Code Enforcement file. 5. By entering into this agreement, each party agrees to waive any and all claims that it could have raised and/or potential claims that it might have been able to raise as a result of the above -captioned code enforcement case. b. Both parties warrant that they have had an opportunity to consult with counsel before entering into this agreement. 7. Each party agrees to bear its own costs and attorney's fees other than as specified in this agreement. ATTEST: DANNY L. KOLHAGE CLERK: Deputy Clerk Dated Lt-U MARTHE D. RATH-EAMILAO MY COMMISSION 0 DD483164 EXPIRES: October 18, 2009 OF FI. Not �is000m Assoc. Co. 4• -NOTARY Y�Y Notary Public MARTHE D. RATH-EAMILAO MY COMMISSION 9 DD483164 EXPIRES: October I8.2009 1- 110 •NQTA�y FL Notary €discount AWM Co. Notary Public BOARD OF COUNTY COMISSONERS OF MONROE COUNTY By: Mario DiGennaro, Mayor Respondent William H. Fitch (date) /=�'&�g& , Respondent Nellie Fitch By.& /416 (date) This docu 61t was appro as form by: 1� Pedro J. Merca , Assistant County Attorney Florida Bar No.: 0084050 P.O. Box 1026 Key West, FL 33041-1026 (305) 292-5046 F�b.-20-07 04:13P P.02 Page 1 of 1 RECEIPT ## : 77790 RECEIPT DATE 10/31/2005 RECEI�I�}�BY.._.: basak ---�---_-- RF.C-r'b. FROM WILLIAM FITCH UDF 106.I UDF 106.2 NOTES : CASE ##CE05070050 FEE ID CODEADMIN TOTALS: MET1400 OF PAYMENT ----------------- CHECK TOTAL RECEIPT MONROE COUNTY ***LIV'E*** MISCELLANEOUS RECEIPT PRINT DATE 02/20/2007 PRINT TIME : 15:08:40 OPERATOR bassk COPY ## 2 GASH DRAWER: 2 '---THIS RCPT BALANCE - 100.00 100.00 0.00 100.00 '100.00 0.00 AMOUNT NUMBER TY ------ 100.00 789 100.00 Meeting Date: March 21.2007 Bulk Item: Yes XX No Division: County Attorney Department: County Attorney Staff Contact Person: Pedro J. Mercado AGENDA ITEM WORDING: Discussion and approval of proposed settlement agreement in the Code Enforcement case of Monroe County, Florida v. Loni Ginn, Case No. CE05040036. ITEM BACKGROUND: During a site visit on April 7, 2005, Ms. Ginn was cited for violation of County Code 9.5-111 Building Permit Required, for erecting an eight foot high concrete block wall around here property without obtaining a permit. Because of the fact that the wall could not be permitted because it exceeded height limits, Ms. Ginn was actually required to obtain a demolition permit and demolish the wall. At the time the property was brought into compliance on October 17, 2005 the fines totaled $8,500.00. The property was brought in to compliance within a reasonable period of time considering the work that had to be completed. In cases such as this where the property owner has diligently worked to bring the property in to compliance and the property is brought in to compliance in a timely manner staff has generally recommended that the liens be settled for ten percent of the total fine. In this case staff recommends settling the fine for $850.00. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATIONS: Approval. TOTAL, COST: N/A BUDGETED: Yes No APPROVED BY: County Atty X OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 2105 BEFORE iHE i ENFORCEMENT SPECIAL 1` MAGISTRATE �. OF MONROE COUNTY, FLORIDA Vs. LONI GINN, Petitioner, Respondent 1 CASE NO.: CE05040036 IrIj ZINNIA U The Petitioner, Board of County Commissioners of Monroe County and Loni Ginn, Respondent, hereby agree to settle the code enforcement lien imposed in the above -referenced case by the Special Magistrate against property owned by the Respondent as follows: 1. The parties agree to settle the code enforcement lien for $850.00. 2. The property in question has a legal description of 187 GRASSY ROAD, LAKE SURPRISE ESTATES, KEY LARGO, MONROE COUNTY, FLORIDA (RE#:00533600-000000). 3. Upon approval of this agreement by the Board of County Commissioners, the Respondent shall remit a check in the amount of $850.00 made payable to the Board of County Commissioners. 4. Once the aforementioned check has cleared, the County will issue to the Respondent a release and satisfaction of said lien for filing by the Respondent in the Official Records of Monroe County. 5. The County will file a copy of the release and satisfaction in the official Code Enforcement file. 6. By entering into this agreement, the each party agrees to waive any and all claims that it could have raised and/or potential claims that it 4 might have been able to raise as a result of the above -captioned code enforcement case. 7. Both parties warrant that they have had an opportunity to consult with counsel before entering into this agreement. 8. Each party agrees to bear its own costs and attorney's fees other than as specified in this agreement. ATTEST: DANNY L. KOLHAGE CLERK: By: Deputy Clerk Dated _ MARLYN I BEYER MY COMMISSION # DD 36706E EXPIFES: Nawitw 17, M , Bonded lira No4ry Puhk UndMxAsr� Notary Public This BOARD OF COUNTY COMISSIONERS OF MONROE COUNTY By: Mayor �L. f Respondent Lom Ginn By: S c� ( f (date) as to form Pedro J. Merca o, Esq. Assistant Cowity Atto Florida Bar 4050 P.O. Bo026 Key West, FL 33041-1026 (305) 292-5046 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 3/21/2007 Division: CouM Attorne Bulk Item: Yes x No Staff Contact/Phone #: Bob Shillinuer x3470 AGENDA ITEM WORDING: Approval of amendment to consulting agreement with K. Marlene Conaway to provide expert witness testimony. ITEM BACKGROUND: The County has a contract with Marlene. Conaway, the County's former planning director, to provide expert witness testimony in the administrative challenge to the ordinances adopting the Tier system. Legal staff would like to retain Ms. Conaway as an expert witness for a number of existing cases. The proposed amendment would expand the scope of services to include all pending cases to which her testimony might be relevant. It is envisioned that the contract would need to be amended for any future cases. When Ms. Conaway first agreed to testify on behalf of the County on some of these other cases, she was working for DCA and thus was being paid by the department. Since she left DCA's employ in November of 2006, a contract is now necessary for her to testify on the County's behalf. This amendment would approve payments for her services since she left DCA. All other terms of the original contract remain the same. PREVIOUS RELEVANT BOCC ACTION: Board approved the original contract on 2/21/07. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATIONS: Approval. TOTAL COST:estimated $25,000.00 BUDGETED: Yes No COST TO COUNTY: estimated $25,000.00 SOURCE OF FUNDS: REVENUE PRODUCING: Yes No xx AMOUNT PER MONTH YEAR APPROVED BY: County Atty xx OMB/Purchasing Risk Management DOCUMENTATION: DISPOSITION: Revised 11/06 Included xx Not Required AGENDA ITEM # FIRST AMENDMENT TO AGREEMENT FOR EXPERT WITNESS SERVICES THIS FIRST AMENDMENT TO THE AGREEMENT FOR EXPERT WITNESS SERVICES is made as of this day of 2007, between Monroe County ("COUNTY"), a political subdivision of the State of Florida, whose address is I100 Simonton Street, Key West, Florida 33040 and K. Marlene Conaway C'CONSULTANT"), whose address is 1143 Circle Drive Tallahassee, FL 32301: WHEREAS Section XVI of the existing Agreement for Expert Witness Services authorizes amendment to that agreement by written instrument duly executed by the parties; and WHEREAS the Consultant's testimony would be useful to the County in other pending matters in addition to Florida Keys Citizens Coalition & Last Stand v. Dept. of Community Affairs and Monroe County, DOAH 06-2449; and WHEREAS the Consultant has already provided expert assistance in some of the matters listed below; NOW, THEREFORE, COUNTY and CONSULTANT in consideration of the mutual covenants contained herein, amend Section I, entitled Scope of Services, of their Agreement for Expert Witness Services approved by the County on or about February 21, 2007, which shall read in its entirety as follows: SECTION I. SCOPE OF SERVICES The CONSULTANT will provide expert witness testimony, necessary related research and investigation in the following matters as more specifically set forth below or in ancillary cases related to the following matters: Florida Keys Citizens Coalition & Last Stand v. Dept. of Community Affairs and Monroe County, DOAH 06-2449; Monroe County v. Dept. of Community Affairs, DOAH 06-2856; Emmert v. Monroe County, CA P 02-520; Collins, et at v. Monroe County a State of Florida CA M 04-379; Galleon Bay Corp. v Monroe County v. State of Florida, CA K 02-595; Bauknight, et al. v. Monroe County, CA P 04451; Neuman v. Monroe County, CA K 04-663; Lightner, et al. v. Monroe County, CA K 07-280; Kalan v. Monroe County, CA P 03-155; Good v. Monroe County, CA K 01-977, as well as an asserted yet unfilled claim by Lloyd Good under the Bert J. Harris Act; Lloyd Johnson v. Marlene Conaway and/or Aref Joulani, CA K 02-1248; Kenneth Dorn & Katie Pearce v. Monroe County, CA P 06-203; This amendment shall authorize payments for work performed on any of the above -listed matters regardless of whether that work was performed prior to the date this agreement was approved, however, nothing in this agreement shall authorize any payment to the Consultant for work she performed while she was a salaried employee of Monroe County or the Florida Department of Community Affairs. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. (SEAL) Attest: DANNY L. KOLHAGE, Clerk By: By:_ Deputy Clerk Date: K. Marlene Conaway, "Consultant" BOARD OF COUNTY COMISSIONERS OF MONROE COUNTY, FLORIDA Mayor Mario DiGennaro By: /i , L�c 6` � Name: K. ' ' `Qrl e le ano wcL. M5APP OE CO N NE V F M Dater p, �d� OVE R-r e SHIL IN6ER, JR. CHIEFAIPISTM,COW ATTORHtEY Data: /cam-_ _ --- 2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 3/21/07 - MAR Bulk Item: Yes xx No Division: County AttorneX Staff Contact Person: Bob Shilliner /x3470 AGENDA ITEM WORDING: Approval of payment to Greenberg Traurig, P.A. in the amount of $33,391.87 as payment for professional legal services on behalf of Monroe County in Florida Keys Citizens Coalition & Last Stand v DCA and Monroe County, DOAH Case Number 06-2449GM. ITEM BACKGROUND: David Jordan of Greenberg, Traurig, has been defending the County in the above -referenced administrative challenge to the ordinances enacting the Tier system. The final administrative hearing began in February 2007. it should conclude by March 16, 2007. PREVIOUS RELEVANT BOCC ACTION: 9/20/2006 BOCC approved contract with Greenberg Traurig, P.A. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: $33,391.87 BUDGETED: Yes xx No COST TO COUNTY: $33,391.87 SOURCE OF FUNDS: REVENUE PRODUCING: Yes No xx AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included xx Not Required DISPOSITION: AGENDA ITEM # Revised 8106 RECEIVED �rreenberg Traurig MAR 0 9 2007 MONROE COUNTY ATTORNEY Monroe County Attorney Office P.O. Box 1026 Key West, Florida 33040 Attn: Robert Shillinger Esquire INVOICE Re: Tier Map LDR Litigation Claim #: DOA062449GM Lc ag 1 Services through February 28, 2007: Total Fees: Expenses Invoice No.: 1832227 File No. 094192.010200 Bill Date March 5, 2007 Business Meals 125.45 Conference Calls 4.88 Deposition/Court Reporters 1,475.00 Federal Express Charges 10.99 Local Travel 64.00 Messenger Services 32T95 Photocopy Charges 0.90 Telephone Expenses 1.30 Travel and Lodging Out of town 2,683.65 Total Expenses: DLJ:FLD Tax ID: 59-1270754 $ 28,697.75 $ 4,694.12 �' Y $ 33,391.87 3 'Ye Previous Balance (see attached statement): $ 36,708.38 Total Amount Due: $ 70,100.25 Current Invoice: Greenberg Traudg, P.A. I Attorneys at Law 1 101 East College Avenue I Post Office Drawer 1838 1 Tallahassee, Florida 32302 Tel 850.222.6891 1 Fax 850.681.0207 1 www.gUaw.com Greenberg Traurig Invoice No.: 1832227 File No. : 094192.010200 DLULD Tax ID: 59-1270754 Greenberg Traurig, P.A. I Attomeys at Law 1 101 East College Avenue I Post Office Drawer 1838 ¢ Tallahassee, Florida 32302 Tel 850.222.6891 1 Fax 850.681.0207 1 www.gtlaw.corn ureenberg Traurig Account Statement Date Invoice # 12/06/06 1775507 01 /10/07 1798041 02/13/07 1819680 Totals: $ Fees Due 3,197.00 3,441.00 29,698.00 36,336.00 $ Invoice No.: 1832227 File No. : 094192.010200 Expenses Due 1.00 21.90 349.48 372.38 $ Other Due 0.00 0.00 0.00 0.00 $ Total Due 3,198.00 3,462.90 30,047.48 36,708.38 DLJ:FLD Tax ID: 59-1270754 Greenberg Traurig, P.A. j Attorneys at Law 1 101 East College Avenue I Past Office Drawer 18381 Tallahassee, Florida 32302 Tel 850.222.6891 j Fax M.681.0207 j www.ggaw.com Invoice No.: 1832227 Re: Tier Map LDR Litigation Matter No.: 094192.010200 Description of Professional Services Rendered: DATE TIMEKEEPER DESCRIPTION 02/01/07 Michelle Beal Laptop review and program setup for use at hearing. 02/01/07 David L. Jordan Travel to return to Tallahassee from Marathon; exchange emails with R Grosso and R Hartsell re: new exhibit list; prepare Conaway questions; exchange emails with R Shillinger re: missing LDR pages 02/02/07 Michelle Beal Review hearing preparations with H. Hatcher and D. Jordan; confirm status of plans for boxes. 02,102/07 Paralegal Clerk Prepare boxes of hearing materials to be shipped to Miami for hearing. Meet with M. Beal regarding laptop prepared for D. Jordan. Familiarize David Jordan with laptop for use during hearing and save Greenberg Traurig contacts for use while traveling. 02/02/07 David L. Jordan Meet with M Conaway to prepare for testimony; exchange emails with R Shillinger re: missing pages from LDRs; exchange emails with R Shine re: trial preparation; exchange emails with R Grosso and R Hartsell re: trial exhibits 02/04/07 David L. Jordan Tel call from R Shine re: trial preparation and coordination; revision of witness questions 02/05/07 Paralegal Clerk Draft email to D. Jordan regarding use of laptop. Draft email to Greenberg Traurig Miami office services manager concerning courier service for transferral of boxes containing hearing materials. 02/05/07 David L. Jordan Travel to Miami; meet with M Conaway to prepare testimony; meet with R Shillinger, A Trivette, R Shine & R Jetton to discuss trial strategy and order of presentation; review trial exhibits 02/06/07 David L. Jordan Preparation of questions for Dr. Calvo; travel to Dade County Courthouse; commence final hearing; ^ommence testirony of M Conaway; meet wiLH Dr Calvo to prepare his testimony 02/07/07 David L. Jordan Final hearing; travel to and from Dade Courthouse; fmish M Conaway testimony; testimony of Dr Calvo; commence testimony of A Trivette 02/08/07 David L. Jordan Final hearing; travel to and from Dade Courthouse; finish testimony of A Trivette 02/09/07 David L. Jordan Final hearing; travel and from Dade Courthouse; commence testimony of C Kruer; supervise preparation of exhibits for transport to Tallahassee 02/10/07 David L. Jordan 'Travel from Miami to Tallahassee 02/12/07 David L. Jordan Receipt of trial exhibits from Miami; inspection to assure that all ALJ exhibits are transmitted to DOAH; exchange emails with R Shine, R Shillinger and R Grosso re: scheduling last 3 days of hearing; telephone conference with A Trivette and M Conaway re: scheduling remainder of hearing Page 1 HOURS AMOUNT 0.20 33.00 8.90 2759.00 0.30 49.50 3.00 225.00 9.50 2945.00 4.50 1395.00 0.75 56.25 11.20 3472.00 13.40 4154.00 9.40 2914.00 10.00 3100.00 7.50 2325.00 4.70 1457.00 2.10 651.00 Invoice No.: 1832227 Re: Tier Map LDR Litigation Matter No.: 094192.010200 Description of Professional Services Rendered 02/ 13/07 David L. Jordan Travel to and from DCA: meeting with R Shine re: 02/14/07 David L. Jordan 02/15/07 David L. Jordan 02/16/07 David L. Jordan 02/20/07 David L. Jordan cross examination for C Kruer and rebuttal testimony; exchange emails with R Shine and R Grosso re: dates for conclusion of hearing; tel calls to R Grosso, M Conaway & A Trivette re: dates for conclusion of hearing Exchange emails with R Shine and R Grosso re: scheduling hearing; telephone call to A Trivette and R Shillinger re: availability for hearing; telephone call to court reporter re: expedited transcript for Kruer Exchange emails with R Shine and R Grosso re: scheduling last days of final hearing; submit order for transcript of Kruer testimony; telephone call with R Shillinger and A Trivette re: conversation with C Turner about pending ORC for EAR -based amendments; telephone call to R Shine re: ORC Telephone calls with R Shine and R Shillinger re: Tier Map issues raised by draft ORC; travel to and from DCA, meet with R Shine to examine and discuss portion of draft ORC dealing with Tier Maps; telephone call with R Shine to R Shillinger Exchange emails and telephone calls to R Shine and R Shillinger re: ORC for EAR based amendments 95.65 $ 28,697.75 Total Time: Total Fees: Page 2 3.80 1178.00 0.50 155.00 2.10 651.00 3.10 961.00 0.70 217.00 Invoice No.: 1832227 Re: Tier Map LDR Litigation Matter No.: 094192,010200 Description of Expenses Billed: DATE DESCRIPTION 01/29/07 VENDOR: FedEx INVOICE#: 866776754 DATE: 2/2/2007 Tracking #799077314412; From: Bernard Reed, Greenberg Traurig, 101 East College, Tallahassee, FL 32301; To. Dr. Ricardo Calvo, Hdr Engineeringinc., Suite 250, Tampa, FL 33607 01/29/07 VENDOR: Jordan, David L. INVOICE#: C051000501732070006 DATE: 2/l/2007 TYPE: Parking and Tolls; REASON: Client Billable-TAL Env - Shareholder; DATE: 01/29/07 - Parking charges while traveling to Key West to attending meetings with/for client. 01/29/07 VENDOR: Adams, Gerald INVOICE#: IN020207 DATE: 2/7/2007 Messenger Service Req.'d on 01/29/07 by Jordan, David L. from, Gt- Tallahassee to Dept, Of Administrative Bearing, 2505 Appalachee Parkway - File Ref. 094192.010200, 01/29/07 VENDOR: Jordan, David L. INVOICE#: C051000501732070006 DATE: 2/l/2007 TYPE: Car Rental; REASON: Client Billable-TAL-Env- Shareholder; DATE: 01/29/07 - Car rental charges while traveling in Key West attending meetings for/with client. 01/29/07 VENDOR: Jordan, David L. INVOICE#: C051000501732070006 DATE: 2/l/2007 TYPE: Hotel - Non Meals; REASON: Client Billable-TAL-Env- Shareholder; DATE: 01/29/07 - Hotel charges while traveling in Key West attending meetings. 01/29/07 VENDOR: Jordan, David L. INVOICE#: C051000501732070006 DATE: 2/l/2007 'TYPE: Airfare; REASON: Client Billable-TAL-Env- Shareholder; DATE: 01/29/07 - Airfare charges to travel to Key West to attend meetings with/for clients. 01/30/07 VENDOR: Jordan, David L. INVOICE#: C051000501732070006 DATE: 2/1/2007 TYPE: Business Meals; REASON: Client Billable-TAL-Env- Shareholder; DATE: 01/30/07 - Business meal while traveling in Key West attending business meetings with/for client.; ATTENDEES: David L Jordan 01/31/07 VENDOR. Jordan, David L. INVOICE#: C051000501732070006 DATE: 2/1/2007 TYPE: Business Meals; REASON: Client Billable-TAL-Env- Shareholder; DATE: 01/3 V07 - Business meal while traveling in Key West attending meetings withA;nr clients.; ATTENDEES: David L Jordan 02/01/07 Copy; 6 Page(s) by 009459 02/01/07 VENDOR: Jordan, David L. INVOICE#: C051000501732070006 DATE: 2/1/2007 TYPE: Gas; REASON: Client Billable-TAL-Env-Shareholder; DATE: 02/01/07 - Gas charges for rental car while traveling in Key West attending meetings with/for clients. 02/05/07 VENDOR: Jordan, David L. INVOICE#: C051000501732070007 DATE: 2/12/2007 TYPE: Parking and Tolls; REASON: Client Billable-TAL-Env- Shareholder; DATE: 02/05/07 - Parking while traveling to Miami attending hearing. 02/05/07 VENDOR: Jordan, David L. INVOICE#: C051000501732070007 DATE: 2/12/2007 TYPE: Hotel - Non Meals; REASON: Client Billable-TAL- Env-Shareholder; DATE: 02/05/07 - Hotel charges while traveling in Miami attending hearing. Page 3 AMOUNT $ 10.99 $ 24.00 $ 20.00 $ 157.80 $ 498.45 $ 535.60 $ 19.42 $ 37.19 $ 0.90 $ 16.89 $ 40.00 $ 945.81 Invoice No.: 1832227 Page 4 Re: Tier Map LDR Litigation Matter No.: 094192.010200 Description of Expenses Billed 02/05/07 VENDOR: Jordan, David L. INVOICE#: C051000501732070007 DATE: $ 511.10 2/12/2007 TYPE: Airfare; REASON: Client Billable-TAL-Env- Shareholder; DATE: 02/05/07 - Travel to Miami to attend hearing. 02/06/07 VENDOR: EXEC2000 Courier Systems INVOICE#: I32688 DATE: $ 139.95 2/10/2007 Messenger Service from Greenberg Traurig to Dcch - Carlos M Peraza 094192.010200 CM 02/07/07 VENDOR: Jordan, David L. INVOICE#: C051000501732070007 DATE: $ 16.10 2/12/2007 TYPE: Business Meals; REASON: Client Billable-TAL-Env- Shareholder; DATE: 02/07/07 - Business meal while traveling in Miami attending hearing.; ATTENDEES: David L Jordan 02/08/07 VENDOR: Jordan, David L. INVOICE#: C051000501732070007 DATE: $ 46.39 2/12/2007 TYPE: Business Meals; REASON: Client Billable-TAL-Env- Shareholder; DATE: 02/08/07 - Business meal while traveling in Miami attending hearing.; ATTENDEES: David L Jordan 02/08/07 VENDOR: Jordan, David L. INVOICE#: C051000501732070007 DATE: $ 6.35 2/12/2007 TYPE: Business Meals; REASON: Client Billable-TAL-Env- Shareholder; DATE: 02/08/07 - Business meal while traveling in Miami attending hearing.; ATTENDEES: David L Jordan 02/09/07 VENDOR: EXEC2000 Courier Systems INVOICE#: I32688 DATE: $ 108.00 2/10/2007 Messenger Service from Greenberg Traurig to Greenberg Traurig Gth - Carlos M Peraza 094192.010200 CM 02/10/07 VENDOR: Jordan, David L. INVOICE#: C051000501732070007 DATE: $ 18.00 2/12/2007 TYPE: Taxi/Car Service; REASON: Client Billable-TAL-Env- Shareholder; DATE: 02/10/07 - Cab service to Miami Airport. 02/14/07 VENDOR: SoundPath Conferencing Services, LLC INVOICE#: $ 4.88 GT021407 DATE: 2/14/2007 Conferencing Services Invoice Date 070130 User DLJ Client Code 094192 Matter Code 010200 02/14/07 VENDOR: Adams, Gerald INVOICE#: IN021607 DATE: 2/16/2007 $ 20.00 Messenger Service Req,'d on 02/14/07 by Reed, Bernard S. from, Gt- Tallahassee to Dept. Of Admistrative Hearing, 500 Appalachee Parkway - File Ref. 094192.010200, 02/14/07 VENDOR: Adams, Gerald INVOICE#E: IN021607 DATE: 2/16/2007 $ 20.00 Messenger Service Req.'d on 02/14/07 by Reed, Bernard S. from, Gt- Tcilzhassee to Deyt. Of Community Affairs, 2555 Shumard Oaks Bivd. - File Ref. 094192.010200, 02/14/07 VENDOR: Adams, Gerald INVOICE#: IN021607 DATE: 2/16/2007 $ 20.00 Messenger Service Req.'d on 02/14/07 by Reed, Bernard S. from , Gt- Tallahassee to Dept. Of Admistrative Hearing, 500 Appalachee Parkway - File Ref. 094192.010200, 02/16/07 Telephone; 3052923470 from Ext. 3361 KEYS FL $ 1.30 02/19/07 VENDOR: Official Reporting Service, Inc.; INVOICE#: 00015600; $ 1,475.00 DATE: 2/19/2007 - Re: Florida Keys Citizens Coalition v Dept. of Community Affair 06-2449 GM on 02/09/07; Hearing taken before hearing officer Donal .Alexander Total Expenses: $ 4,694.12 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 3/21/07 - KW Division: CountyAttorneks Office Bulk Item: Yes X No Staff Contact Person: Suzanen A. Hutton AGENDA ITEM WORDING: Approval of a Resolution setting date, time and place for a public hearing concerning the proposed abandonment of a portion of Key Haven Boulevard according to the Plat of Key Haven (Racoon Key), Plat Book 4, Page 46, of the Public Records of Monroe County, Florida and as depicted in the Special Purpose Survey, Dwg. No. 05-520 as updated 2/12/2007. ITEM BACKGROUND: This road abandonment is part of a large development project on Key Haven which dates back to a May 1997 development agreement between the property owner and DCA and a subsequent Development Agreement between Monroe County and Key Haven Estates, Ltd. approved by the Board on 2/23/2005 (Resolution No. 085-2005). The Road Abandonment Petition has been reviewed by staff, Monroe County Sheriffs Office, adjacent property owners and utilities. In that the public hearing must be held in the area to be impacted by the proposed road abandonment; we are requesting approval to hold the public hearing at 3:00 p.m. on April 18, 2007 in Key West. PREVIOUS RELEVANT BOCC ACTION: 2/23/2005 BOCC Resolution No. 085-2005 approving Development Agreement between Key Haven Estates, Ltd. and Monroe County. 2/23/2005 BOCC Resolution No. 084-2005 9/22/2006 BOCC Ordinance 021-2006 9/22/2006 BOCC Ordinance 022-2006 CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Adoption of Resolution setting one public hearing for 3:00 p.m. on April 18, 2007 in Key West, Florida. TOTAL COST: Petitioner Pas COST TO COUNTY: N/A BUDGETED: Yes No SOURCE OF FUNDS: REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTH Year APPROVED BY: County Atty' OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: Revised 2/05 AGENDA ITEM # BOARD OF COUNTY AGENDA ITEM SUMMARY Meeting Date:_ 3/21/07 - KW Division: CounWAttomey's Office Bulk Item: Yes X No Staff Contact Person: Suzann A. Hutton AGENDA ITEM WORDING: Approval of a Resolution setting date, time and place for a public hearing concerning the proposed abandonment of a portion of Key Haven Boulevard according to the Plat of Key Haven (Racoon Key), Plat Book 4, Page 46, of the Public Records of Monroe County, Florida and as depicted in the Special Purpose Survey, Dwg. No. 05-520 as updated 2/12/2007. ITEM BACKGROUND: This road abandonment is part of a large development project on Key Haven which dates back to a May 1997 development agreement between the property owner and DCA and a subsequent Development Agreement between Monroe County and Key Haven Estates, Ltd. approved by the Board on 2/23/2005 (Resolution No. 085-2005). The Road Abandonment Petition has been reviewed by staff, Monroe County Sheriff's Office, adjacent property owners and utilities. In that the public hearing must be held in the area to be impacted by the proposed road abandonment; we are requesting approval to hold the public hearing at 3:00 p.m. on April 18, 2007 in Key West. PREVIOUS RELEVANT BOCC ACTION: 2/23/2005 BOCC Resolution No. 085-2005 approving Development Agreement between Key Haven Estates, Ltd. and Monroe County. 2/23/2005 BOCC Resolution No. 084-2005 9/22/2006 BOCC Ordinance 021-2006 9/22/2006 BOCC Ordinance 022-2006 CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Adoption of Resolution setting one public hearing for 3:00 p.m. on April 18, 2007 in Key West, Florida. TOTAL COST: Petitioner Pays COST TO COUNTY: N/A BUDGETED: Yes No SOURCE OF FUNDS: REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTH_ Year _ APPROVED BY: County Atty OMB/Purchasing _ Risk Management DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM h R-17 Revised 2/05 ADDITIONAL BACK—UP: Staff Approvals of Revised Drawing & Legal Description as Updated 2/12/2007. NOTE: AS TO REVISED DRAWING AND LEGAL DESCRIPTION AS UPDATED 2/12/2007. STAFF FINDINGS AND RECOMMENDATIONS County Engineer Fire Marshall Planning Monroe County Sheriffs Office — Traffic Impact RAP: A portion of Key Haven Boulevard Pete rs®Katherine From: Zavalney-Steve Sent: Thursday, March 15, 2007 4:52 PM To: Peters -Katherine Subject: Key Haven Estates Road Abandonment Per your memo of $/1/07, 1 am emailing you regarding the Key Haven/Lujan Partnership request for modification to the road abandonment petition. There is no change from the Fire Marshal's Office from our previous findings, the modification does not effect the determination. If you are in need of further information, please do not hesitate to call. Pri\acy Statement This e-mail and anq files transmitted with it are intended only for the person or emit• to which it is addressed and may contain confidential material and or material protected by Im\. Any retransmission or use of this information mac be a violation of that law. If con receh ed this in error. please contact the sender and delete the material from am, computer. Please Note: Florida has o \en broad public records lmc Most written conuumucations to or front the Count\ regarding Count\ business are public lecord, mailable t,� the pohite and .11'Ain op. n equera. S zur e-mad .nnununieatinns mns- he tnbject to public rlisclosnre it the prr: ac}- etnkniem aboNe does not appl?. 3 /15/2007 COUNTY o !aO ROE KEY WEST FLOfiIDa 33W (30!42 - ' Board of County Commissioners Engineering Division The Historic Gato Cigar Factory 1100 Simonton Street, Suite 216 Key West, FL 33040 (305) 292-4426 — Phone (305) 295-4321 - Fax rsHt` MEMORANDUM TO: Kathy Peters County Attorney's Office i% FROM: David S. Koppel Mvision Director / County Engineers DATE: February 27, 2007 RE: Petition for Road Abandonment The Lujan Limited Partnership, LTD Portion of Key Haven Blvd. Key Haven Estates WARD OR COUNTY COMMLUMNEM Mayor Mario Di Geinaro, Distna 4 Mayor Pro Ten Dixie M. Spehar, DisMct 1 George Nergeit DWaid 2 Charles-SorWry' McCoy, Dkhkt 3 Syma 3. Murphy, D wid 5 RECEIVED FEe 2 R 7111U MONIIOE GOtrNry q�DNNEy The above -referenced petition for road abandonment has been reviewed and approved by this department. Please make sure the proper drawing and legal description is included in the package that goes to the BOCC. I have put my "ok" on the approved drawing. If you have any questions, please let me know. I - HAVEN ESTATES OVERALL �`>Z \ 1___s- number Z 263.27' - 04'46'26' 30.54' ent- 10.97' d= 21.93' d &9.- N.01'04'S9'E e nurn er 2 Rodlue- 50.00' Deno- 41*15*08" Arc- 36-00' iongant- 18.82' Chord= 35.23' Chord Br9.— N.64'01'50V/. 1F 4e1 Cum number 3 � Radius— 25.00' 0elto- 2M'27' Arc- 11.39' Tangent- 5.80' Chord= 11.29' 7 Chord Br9.— N.56'27.29'W. 4 4111, Curve number 4 _—_ Radius- 213.27- Derv- 13.04'04' Arc- 49.54' Tangent— 24.43' O Chord= y Chord &q.- q.= S.01'11'26'E. 0 V� C>� U.,. y Haven Estates Haven, Key West FL 33040 SPECIAL PURPOSE SURVEY e 11 1120 deed Mint Ne. 1: r,, Rio/� file arw=die r vE • 1�t •0St0M 9to. 5) 140, 1 NttTi \�^J1ps1'47'R�J1� z (4W t�L»e:2 FREDERICK H. HILDEBRANDT ENGINEER PLANNER SURVEYOR 3152 Norlheide DO. Suite 201 K33aa00yy Weal, A. 33040 Fox 305) 29380237 M Adeb1416N1sau th.nel M KEY HAVEN ESTATES LEGAL DESCRIPTION/CERTIFICATION Road Parcel: Prepared by undersigned; From, the intersection of the centerline of U.S. Highway No. 1 and the westerly abutment of the Boca Chico Viaduct go S 80'51'47" W along the centerline of U.S. Highway No. 1 a distance of 3604.95 feet; thence N 0520'37" E a distance of 206.56 feet to a point in the northerly right of way line of U.S. Highway No. 1 and the Point of Beginning; thence continue N 05'20'37" E a distance of 761.08 feet to a point on a curve with radius of 263.27 feet and a central angle of 04'46'26"; thence northeasterly along said curve a distance of 30.54 feet; thence N 84'39'23" W a distance of 10.83 feet to a point on a curve: with radius of 50.00 feet and a central angle of 41'15'08"; thence northwesterly along said curve a distance of 36.00 feet to a point on a curve with radius of 25.00 feet and a central angle of 26'06'27"; thence northwesterly along said curve a distance of 11.39 feet to a point on a curve with radius of 213.27 feet and a central angle of 13'04'04"; thence southwesterly along said curve a distance of 48.64 feet; thence S 05'20'37" W a distance of 773.99 feet; thence N 80'51'47" E a distance of 51.64 feet back to the Point of Beginning. Parcel contains 40,156 square feet or 0.92 acres, more or less. CERTIFICATION: I HEREBY CERTIFY that is true and correct to technical standards GO Florida Statute Section there are no Aisibl3'ftn hed SPEaM PURPOSE SURVEY �f my knowledge and belief; that It meets the minimum he Florida Board of Land Surveyors. Chapter 61G17-6, and the American Land Title Association, and that is unless shown hereon. Prollessional Land Surveyor No. 2749 Professional Engineer No. 36810 Stale of Florida Key Haven West FL. 33040 NOT VALID UNLESS EMBOSSED WITH RAISED SEAL SPECIAL PURPOSE SURVEY I nt-7")nI 2 OF FREDERICK H. HILDEBRANDT ENMEER PLAMIER SURVEYOR file neo0 law K fMx 3152 Northeide Orive Suite 201 Key West, Fl. 33040 (305) 293-0466 Fax. (305) 293-0237 o� �a0lnar6 "a fhadeelmellsouth.net Norm! tolaq phMNhl Ispa"Nold 2[IS Otenue NMYrtp Sub 411 Ytn9101, Ft 11110 306-211.2510 All EMORAN.DUM To: Suzanne Hutton, County Attorney From: Aref ]oulani, Director of Planning & Env. Date: March 20, 2007 Subject: The Road Abandonment Petition for Petitioner Lujan Limited Partnership, LTD for a Section of Key Haven Blvd., Key Haven. FI (MM6) In our memo dated February 7, 2007, our department reviewed the petition for road abandonment for a section of Key Haven Boulevard, Key Haven, Florida, MM 6. Our review was based on the special purpose survey #05-520, dated 12/19/05 by Frederick H. Hildebrandt. In that memorandum we stated that our department has no objection to the road abandonment. We have received your request to review this road abandonment again. Our office has reviewed the new data you have provided and based upon the newly initialed survey, our office still has no objection to the road abandonment. SUBSTATIONS Freeman SabaW(ion 20950 Overseas Hwy Ridjoe Key, FL 3304TO : (305) 745-3 184 FAX (305) 745-3761 Mmmhon Sabstafion From: 3103 Overseas Hwy. b odmis) _ F L 33050 (305) 2S 2430 FAX (305) 2S9-24 9 7Date: d'r Suzanne A. Hutton County Attorney Colonel Rick Ramsaat U ndersheriff 16 a' March 2007 .5525 College Road 2Cey M)est, Fonda 33040 (305)292-7000 FAX.-(305)292-M10 1-000-273-00PS zuzve11.lCeyss0xet RECEIVED LIAR 2 0 2007 MONROE COUNTY ATTORNEY Islamorada Substation SAW Overseas HwyRef Road Abandonment Petition Islamorada. FL 330_RS—� (305) 853-7021 FAX (305) 853-9372I have received the revised drawing and legal description regarding Key Haven Roth Building Boulevard for review and consideration. 50 11,gh Point Road os) S53 3?3070 11After reviewing the new documents the Sheriff's Office stance remains the same as FAX (305) s53-3205before. We see no law enforcement concern for granting this petition DETENTION CENTERS Key West Det. Center 5501 College Road Key West, FL 33040 (305) 293-7300 FAX (305) 293-7353 Marathon Det, Facility 39S I Occan Tenaee hlacnhon, FL 33050 (305) 289 2420 FAX (305) 289-2424 Plantation Det. Facililr 5_'. Iilgh Point Road Plantation Key, FL 31070 (305)853-3266 FA`_(305)tl53-3270 SPLLIAL 01'ERAI' I m, Pp. F-�' S0n975 etnr:un.at Ft.33os) (305)28r241(1 AAATI(YJ IDJl'1910i 1,1100 Oveneos C D],I(+,111H!r,1T10111, C.A.C. ( COUNTY of'MONROE 000294-041 Of�Oc � the Paawey. SO UftAwd SUuvk At rem 0({ioa sow Im Yap 964 SE &WO-1026 (30S) 2"-M70 MEMORANDUb1 TO: AnefJoulanL Planning Director Arthur "Wally" Romero, Assistant Fire Marah4lt� Undersheriff Colonel Rids Ramsay, MCSO [/ FROM: Kathy Peters for Suzanne A. Hutton, County Attorney Mayor Marto D Kann,, OWbict 4 Mayor Pro Tom Dbde M. Spdwr, DWCt r GwMe Naq DbWkt 2 Cbatles S W McCoy, olsalct 3 SyMa Mw", olwin 5 RE: Modification of Road Abandonment Portion: A Portion of Key Haven Boulevard, Key Haven Estates - Petitioner: Key Haven Estates, Ltd. tkn/a The 14an Limited Partnership, LTD DATE: March 1, 2007 Enclosed please find a revised drawing and legal description (revised 2/12/07 — marked "OK" by the County Engineer) which was received 2/2&t07 by our office attached to the County Engineer's approval of the Poition and advising it is the proper drawing and legal description to be included in the package Wooded to the Board for approval. In that this office had not yet received the 2/12107 revised drawing and legal description, your review and the recommendation received from you by this office was based upon a previously submated drawing and legal description. We are requesting your assistance by submitting your recommendation to this Office as soon as possible and prior to the March 14, 2007 agenda revision deadline documenting the revision does not impact the recommendation you already provided to this office. In that the public hearing must be held in the area to be affected by the proposed road abandonment and we must obtain prior approval from the Board to advertise and hold the public hearing, the County Attorney has placed this item on the 3/21/07 BOCC agenda for Manyd to advertise and braid the pubLrc b dug on Aga 10 Ur- I'1Hr14 ANU UICAWINti (UPDATED 2/12/071 Please fixwrard your response via email to Rgmk nroecounly-tl aov or to my attention via courier ® Stop #7. Thank you for your assistance in this matter. KMP: Enclosures: Revised Drawing and Legal Description (revised 2/12107 — initialed "OK" by County Engineer) Memorandum &Om County Engineer dated 2/27/06 Memorandum from Planning dated 2/7/07 (received 3/l/07) cc: County Engineer Ed Swift, IV Petitioner Key Haven Estates, Ltd. RESOLUTION NO. -2007 A RESOLUTION SETTING THE DATE, TIME AND PLACE FOR A PUBLIC HEARING CONCERNING THE PROPOSED ABANDONMENT OF A PORTION OF KEY HAVEN BOULEVARD ACCORDING TO THE PLAT OF KEY HAVEN (RACOON KEI), PLAT BOOK 4, PAGE 46, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA AND AS DEPICTED IN THE SPECIAL PURPOSE SURVEY DRAWING NO. 05-520 AS UPDATED 2/12/07. WHEREAS, the Board of County Commissioners of Monroe County, Florida, desires to renounce and disclaim any right of the County and the public in and to the hereinafter described streets, alley -ways, roads or highways, and WHEREAS, under Chapter 336, Florida Statutes, it is necessary to hold a public hearing after publishing due notice of said hearing in accordance with said Chapter, now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Board will hold a public hearing on April 18, 2007 at 3:00 P.M. at the Harvey Government Center, 1200 Truman Avenue, Key West, Florida, to determine whether or not the Board will renounce and disclaim any right of the County and the public in and to the following described streets, alley -ways, roads or highways as delineated on the hereinafter described map or plat, to -wit: Being a portion of Key Haven Boulevard, according to the plat of Key Haven (Racoon Key), Plat Book 4, Page 46, of the Public Records of Monroe County, Florida and as depicted in the Special Purpose Survey Drawing No. 05-520 as updated 2/12/07: "From the intersection of the centerline of U.S. Highway No. I and the westerly abutment of the Boca Chica Viaduct go S 8051 '47" W along the centerline of U.S. Highway No. 1 a distance of 3604.95 feet; thence N05'20'37" E a distance of 206.56 feet to a point in the northerly right of way line of U.S. Highway No. 1 and the Point of Beginning; thence continue N 05'20'37" E a distance of 761.08 feet to a point on a curve with radius of 263.2 7feet and a central angle of 04'4626"; thence northeasterly along said curve a distance of 30.54 feet; thence N 843923" W a distance of 10.83 feet to a point on a curve with radius of 50.00 feet and a central angle of 41 '15'08 "; thence northwesterly along said curve a distance of 36.00 feet to a point on a curve with radius of 25.00 feet and a central angle of 26'06'27"; thence northwesterly along said curve a distance of 11.39 feet to a point on a curve with radius of 213.27 feet and a central angle of 13'04'04"; thence southwesterly along said curve a distance of 48.64 feet; thence S 05'20'37" W a distance of 773.99 feet, thence N 80'51 '47" E a distance of 51.64 feet back to the Point of Beginning. Parcel contains 40,156 square feet or 0.92 acres, more or less. " (Copy Attached as Exhibit "A') PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 21 st day of March, 2007. Mayor Mario DiGennaro Mayor Pro Tern Dixie M. Spehar Commissioner Charles "Sonny" McCoy Commissioner George Neugent Commissioner Sylvia Murphy (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Deputy Clerk Mayor Mario DiGennaro MONROE COUNTY APPROVED AS9 CO2N�( TTEY Date --- 7 ' ,, KEY HAVEN ESTATES OVERALL VIEW ,4. N.84'39'23 K E so. oo'yy `� a s 2� wA V E� t' Curve number 1---- Radius= 263.27' Delta= 04'46'26" Arc= 30.54' Tangent= 10.97' Chord= 21.93' Chord Brg.= N.01'04'59"E. Curve number 2 -------------- Radius= 50.00' L�l Delta= 41'15'08" r j Arc= 36.00' O Tangent= 18.82' 3 CV Chord= 35.23' Chord Brg.= N.64'01'50"W. h to O Curve number 3 ; n — — — — — — — — — — — — — — Radius= 25.00' O N (0 O Delta= 26'06'27" _ Arc= 11.39' y Tangent= 5.80' Chord= 11.29' rn 7' Chord Brg.= N.56'27'29"W. rj L Curve number 4 8 �► y -------------- Radius= 213.27' 0 Delta= 13'04'04" t t ,p Arc= 48.64' c 0 Tangent= 24.43' }• D Chord= 48.54' 7 Chord Brg.= S.01'11'26"E. P.O.C. sat E Chill Viaduct Sto. 12 +66.17 '.. � P.O.& 51,64 io 5) �, -_,�Ne N g0.51' 47"E o N (Stater 4R�04.9 HIGI°IWAY NG• 1 N • 5.�� So z U. ( SHEET 1 OF 2 Key Haven Estates Key Haven, Key West FL. 33040 FREDERICK H. HILDEBRANDT SPECIAL PURPOSE SURVEY 9 O5-5ZO ENGINEER PLANNER SURVEYOR Scale 1"= 120' Ref. IFlood Panel No. 1528 K Own. By C.M.0 Date 12 19 05 1 file Flood Zone AE Flood Elev. 9' 3152 Northside Drive REVISIONS AND/OR AMMONS Suite 201 Key West, FI. 33040 9/15/06: Updated, rood detail (305) 293-0466 1/30/07; Updated, detail EXHIBIT Fax. (305) 293-0237 2/12/07: Updated, cornbined legale fhildebt®bellsouth.net c\drawings\key hover\ent. island 2 r KEY HAVEN ESTATES LEGAL DESCRIPTION/CERTIFICATION Road Parcel: Prepared by undersigned: From the intersection of the centerline of U.S. Highway No. 1 and the westerly abutment of the Boca Chico Viaduct go S 80'51'47" W along the centerline of U.S. Highway No. 1 a distance of 3604.95 feet; thence N 05'20'37" E a distance of 206.56 feet to a point in the northerly right of way line of U.S. Highway No. 1 and the Point of Beginning; thence continue N 05'20'37" E a distance of 761.08 feet to a point on a curve with radius of 263.27 feet and a central angle of 04'46'26"; thence northeasterly along said curve a distance of 30.54 feet; thence N 84'39'23" W a distance of 10.83 feet to a point on a curve with radius of 50.00 feet and a central angle of 41'15'08"; thence northwesterly along said curve a distance of 36.00 feet to a point on a curve with radius of 25.00 feet and a central angle of 26'06'27"; thence northwesterly along said curve a distance of 11.39 feet to a point on a curve with radius of 213.27 feet and a central angle of 13'04'04"; thence southwesterly along said curve a distance of 48.64 feet; thence S 05'20'37" W a distance of 773.99 feet; thence N 80'51'47" E a distance of 51.64 feet back to the Point of Beginning. Parcel contains 40,156 square feet or 0.92 acres, more or less. CERTIFICATION: I HEREBY CERTIFY thatkthest ched SPECIFIC PURPOSE SURVEY is true and correct to of my knowledge and belief; that it meets the minimum technical standardthe Florida Board of Land Surveyors, Chapter 61G17-6, Florida Statute Sic n and the American Land Title Association, and that there are no vi l le nts unless shown hereon. FREDERICK H. HILDEBRANDT Professional Land Surveyor No. 2749 Professional Engineer No. 36810 State of Florida NOT VALID UNLESS EMBOSSED WITH RAISED SEAL Key Haven Estates Key Haven, Key West FL. 33040 SPECIAL PURPOSE SURVEY 05-520 Scale 1"= 1 20' 1 Ref. flood Panel No. 1528 K Dwn. By C.M.0 Date 12/19/05 1 file Flood Zone AE Flood Ele, 9' 9/15/06: Updated, road detail, legal 1/30/07; Updated, detail 2/12/07: Updated, combined legals SHEET 2 OF 2 FREDERICK H. HILDEBRANDT ENGINEER PLANNER SURVEYOR 3152 Northside Drive Suite 201 Key West, FI. 33040 (305) 293-0466 Fox. (305) 293-0237 fhildebt Obeilsouth.net island 2 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Monroe County, Florida, will hold a public hearing on April 18, 2007, at 3:00 P.M., at the Harvey Government Center, 1200 Truman Avenue, Key West, Florida, for the purpose of determining whether or not the following streets, alley -ways, roads or highways shall be abandoned: Being a portion of Key Haven Boulevard, according to the plat of Key Haven (Racoon Key), Plat Book 4, Page 46, of the Public Records of Monroe County, Florida and as depicted in the Special Purpose Survey Drawing No. 05-520 as updated 2/12/07: "From the intersection of the centerline of U.S Highway No. I and the westerly abutment of the Boca Chica Viaduct go S 80'51 '47" W along the centerline of U.S. Highway No. 1 a distance of 3604.95 feet; thence N 05'20'37" E a distance of 206.56 feet to a point in the northerly right of way line of U.S. Highway No. 1 and the Point of Beginning; thence continue N 05'20'37" E a distance of 761.08 feet to a point on a curve with radius of 263.27 feet and a central angle of 04'4626"; thence northeasterly along said curve a distance of 30.54 feet, thence N 843923" W a distance of 10.83 feet to a point on a curve with radius of 50.00 feet and a central angle of 41 '15'08 "; thence northwesterly along said curve a distance of 36.00 feet to a point on a curve with radius of 25. 00feet and a central angle of 26'06'27 "; thence northwesterly along said curve a distance of IL39 feet to a point on a curve with radius of 213.27 feet and a central angle of 13'04'04"; thence southwesterly along said curve a distance of 48.64 feet; thence S 05 '20 '37" W a distance of 773.99 feet; thence N 80'51 '47" Ea distance of 51.64 feet back to the Point of Beginning. Parcel contains 40,156 square feet or 0.92 acres, more or less. " Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decided to appeal any decision made by the Board with respect to any matter considered at such hearings or meetings, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Dated at Key West, Florida, this 21 st day of March, 2007. DANNY L. KOLHAGE, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida (SEAL) Publication date: The Keynoter (SA) 3/24/07 The Key West Citizen (SL1) 3/25/07 ROAD ABANDONMENT PETITION: A Portion of Key Haven Boulevard, Key Haven Estates Monroe County, Florida Received 2/24/2006 Petitioner: Key Haven Estates, Ltd. fkn/a The Lujan Limited Partnership, Ltd. APPLICATION FEE - $500 Check # 107383 VIA HAND DELIVERY Comprehensive Planning Resort/Tourism Planning Land Use Regulation Development Feasibility Site Design Expert Witness RECEIVED Landscape Design February 21, 2006 FEB 2 4 Mailing Address: P. O. Box 970 1006 Key West Florida 33041 County of Monroe MONROE COUNTY ATTORNEY Office location: 600 White St. Offic of the County Attorney Key west, Florida 33040 502 Whitehead Street, Rear _ P.O. Box 1026 Phone: 305/294-1515 Fax: 305i)anv.525 Key West, FL 33041-1026 Email: tom@craiocomoanv.com Re: Key Haven Estates Road Abandonment On behalf of our client, The Lujan Limited Partnership, LTD, enclosed please find an original and four (4) copies of a Road Abandonment Petition and a $500 check for the filing fee. Cc: Ed Swift IV Donald L. Craig, AICP File BOARD OF COUNTY COMMISSIONERS Dixie M. Spehar, District 1 Mayor "Sonny" McCoy, District 3 C OUNTY SO�MO,NROE CGeorge Neugent, District 2 Murray E. Nelson, District 5 ' ll David P. Rice, District 4 �I 1 ' l�-dice a� tPee Cauntc� LlttaacFeer� 502 WAUeR.eaa Stud, ✓teem Yost Coo ilkx IC26 YaV West, S.0 33041-IC26 ' (305) 292-3470 sac (305) 292-3516 ' ROAD ABANDONMENT PETITION ' DATE SUBMITTED: February 7, 2006 ' NAME OF PROPERTY OWNER(S): The Lujan Limited partnership, LTD ADDRESS: 201 Front Street, Suite 330, Key West, FL 33040 IPHONE (H) (305) 296-3609 E-mail: None Fax: None ' AGENT: _The Craig Company, P.O. Box 970 Key West FL 33041 ROAD/EASEMENT (to be abandoned): Section of Key Haven Blvd as depicted on the Special Purpose ' Survey attached. KEY: Key Haven Mile Marker: 6 We hereby p County petition the Honorable Board of Coun Commissioners to renounce and disclaim any right of the County and the public in and to the above -referenced street, alleyway, road or right-of-way as further depicted and described in the following attachments: ' (Exhibit A) Survey: (no larger than 11" x 17" or 8_" x 11 ") Description of roadway to be abandoned and survey showing that portion marked with diagonal lines with petitioners' property clearly delineated and outlined, and ' showing all adjacent properties. 1 Page 1 of 3 2/17/06 Vpv Wnvan RnnA AhanAnnmant C1AA (Exhibit B) Map of Key: on which road is located, clearly showing US 1, Mile Marker number and portion of road to be abandoned. Petitioner: The Lujan Limited Partnership, LTD (Exhibit C) Copies of Deed(sl - Petitioners certify they are the sole owners of Lot(s) and that the abandonment of said road will not take away from other property holders' right of ingress and egress to their property, and that taxes for the year have been paid on their subject land. (Exhibit D) Legal description of that portion of the roadway which Petitioners seek to have abandoned. (Exhibits E-1, E-2, E-3, E-4) Letters of no objection from utility companies including, but not limited to: water, electric, telephone, and cable TV. (Exhibit F) Letters of no objection from all adjacent property owners and list of names and addresses of all adjacent property owners. Petitioners seek the abandonment for the following reasons: To provide vehicular traffic continuity of the proposed subdivision known as Key Haven Estates, a small portion of Key Haven Blvd is being petitioned for abandonment. Petitioners agree to be responsible for and pay for all costs of advertising and recording fees incurred relative to this request for the vacation. Petitioners further agree to grant any easement necessary for the furnishing of utilities, including without limitation, electric power, water, sewer, telephone, gas, cable and other electric communication services to the same extent as is common within this area as to height, width and degree, upon request for such service or by the BOCC through its authorized agents. If easements are so required, copies of the executed documents will be provided to the County before the petition is presented to the BOCC. Petitioners certify that the road to be abandoned does not end at water or that, if it does, the road is not a dedicated and accepted right-of-way (including by operation of law due to construction or maintenance by County). Pursuant to BOCC Resolution 085-2005(E)(2)(i), abandonment of Key Haven Boulevard from US 1 up to its intersection with Key Haven Terrace is permitted. Pertaining to Exhibit F of the Road Abandonment Petition, the applicant is the adjacent property owner for all properties adjacent to the road abandonment. 2 Page 2 of 3 2/ 17/06 Te'— T-T-- P-1 A han 1--nt Q I AA Petitioner: The Lujan Limited Partnership, LTD WHEREFORE, Petitioners formally request the Honorable Board of County Commissioners to grant this petition. L J .. r....—....__J ,Q / [ ] Provided as identification �P/Sos�lt <1��i�own m e Sworn to and subscribed before me this 11rd day of , 2001, N ESE �c1 �i0/1 Typed Notary Name and Number ,b/a �YJ Notary Signature and Seal [ ] Is personally known to me. [ ] Provided as identification Sworn to and subscribed before me this Typed Notary Name and Number •,, THERESE R. SCARBROUGH MY COMMISSION # DD 127318 EXPIRES: October 18 20M 'A•.. F Boded Thru Notary Public UndWwftrs PETITIONER day of , 20 Notary Signature and Seal 3 Page 3 of 3 2/ 17/06 Vav Paxian Rnarl AhanAnnmant 0,1Ar, BOARD OF COUNTY COMMISSIONERS Mayor Charles "Sonny' McCoy, District 3 ...rr" Mayor Pro Tem Murray E. Nelson, District 5 UNTYMON ROE George Neugent, District 2 KEY VVEST FLORIDA 33M David P. like, District 4 O4 (305) zsa-asar Di)de M. Spehar, District 1 • s V/&e of ffw G'autc+to Qttorate� 5C2 mead Street, .Rem 9aet ®nice Sax 1026 NeV Went, 9X 33041-1026 (305) 292-347C MEMORANDUM TO: Ginger Campbell, Finance Department r FROM: Kathy Peters, County Attorney's Office RE: Road Abandonment Petition — Portion of Key Haven Boulevard, Key Haven Estates Submission of Petition Fee — Check # 107383 - $500 DATE: February 28, 2006 Enclosed please find Check No. 107383 dated February 22, 2006 made payable to Monroe County Planning Department in the amount of $500 received by this office from the Petitioner on February 24, 2006 in the above -referenced Road Abandonment Petition. Please deposit the enclosed check in the appropriate account. Should you have any questions or concerns, please feel free to contact Assistant County Attorney Suzanne Hutton or myself by phoning (305) 292-3470. KWI Enclosure (Check No. 107383) .. ' TIR :.: .::...--;::::> : 5':: ;>;.. MWUCFIAXTM # 13311DTS-07 �:RDER OF: Monroe County Planning bi: menf 11100 LO 7 38 31" :06 7009 2801: 608006 54 LOG0 Old Town Key West Development, LTD Monroe County Planning Department Date Type Reference 02/17/2006 Bill Fee for Rd Key Haven Date: 2/22/2006 Check #: 107383 2/22/2006 Original Amt. Balance Due Discount Payment 500.00 500.00 500.00 Check Amount 500.00 RECEIVED FEB 2 4 2006 MONROE COUNTY ATTORNEY 1050 - Cash in Bank-TIB JA a%s� s - ��' a� V 500.00 ClariRcation as to Petitioner: The Petitioner in the Road Abandonment Petition filed by The Lujan Limited Partnership needs to be changed to Key Maven Estates, Ltd., a Florida Limited Partnership. On April 28, 1997, the Partnership known. as The Lujan Family Limited Partnership was formed with the Florida Department of State, Division of Corporations. On June 30, 1998, The Lujan Family Limited Partnership changed its name to The Lujan Limited ,Partnership, by filing a Certificate of Amendment to Certificate of Limited Partnership of The Lujan Family Limited Partnership, a copy of which is attached as Exhibit "A". On 1Vlarch 16, 2005, The Lujan Limited Partnership changed its name to ,Key Haven Estates, Ltd., by filing a Certificate of Amendment to Certificate of Limited Partnership of The Lujan Limited Partnership, a copy of which is attached as Exhibit "B". Therefore, Key Haven Estates, Ltd., was formally known as The Lujan Limited ,Partnership and thus theses named entities are one and the same. Therefore the Development Agreement approved by the BOCC on 2/23/2005 between Monroe County and Key Maven Estates, Ltd. (Resolution 085-2005) accurately reflects the name of the owner today. Since The Lujan ,Limited ,Partnership does not legally exist under this name any longer, the only approval that can be given is by Key Haven Estates, Ltd, fkn/a The Lujan Family Partnership, by an authorized General Partner, which is being provided with this letter. ZO 'd b8CL96Z90C IN3Wd013AIa MY NMOI 010 WV 5b:60 IN.d LOOe-eO-8h Consent to Change the Name of Petitioner on Road Abandonment Application Filed by The Lujan Limited Partnership I, Betty Lujan Toppino, f/k/a Betty L. Lujan, as a General Partner of Key Haven Estates, Ltd, hereby acknowledge that Key Haven Estates, Ltd., was formally known as The Lujan Limited Partnership. The Lujan Limited Partnership changed its name to Key Haven ,Estates, Ltd, a Florida Limited Partnership on March 16, 2005. As an authorized General Partner of Key Haven Estates, Ltd. f/kla The Lujan Limited Partnership, I hereby consent and request that the name of the Petitioner in the Road Abandonment petition filed on behalf of The .Lujan Limited Partnership, be changed to Key Haven Estates, Ltd, to reflect the actions taken by The Lujan Limited Partnership with the Florida Department of State, Division of Corporations of a name change. Dated thisplgr day of , 2007. Key'Ravin Estates,—L f/k/u The Lu#tfLimited Partnership f/ By: Betty Lujan Toppino fWa Betty L. Lujan General Partner. CO 'd HEL56Z90£ ,INMO 13AM MN NMO,I CIO WV 9b:60 INd LOU-M-888 W CERTIFICATE of AMENDMENT TO CERTIFICATE OF LZMITM PARTNERSHIP OF Statutes," _ this Florida Limited ��Parz�ership, wnose certificate was fixed with the Florida Department of State on -,November :13," x9:96, adopts the following.. certificate of amendment to its _cer1ficate of Jinvited partnership:. FIRST; The name of the limited partnership is hereby changed, and the f011.owIng , new name is inserted in its plane and stead:' The Partnership's name is: THE LUJAN LlbaTLD PARTNERSHIP. SECOND: This certificate of amendment shall be effective at the time Of its filing with the Florida Department of State. Dated: This �L) __day of 7une,,- ,1998, 8 T L JAN, enera ar:tner co r- ca -o c.et EXHIBIT "A" 9 :5en ce M En cr {m vim+ x PO 'd b8ME90£ INM0UAM Mx NM01 010 WV 9b:60 M 100e-eO-M T Au43t Not 005000065515 3 CERTIFICATE OF AbMN11MENT TO CERTWICAIS OF UMUT) PARTMRSM or �.r��1�TrMorr�,�f PAT�,R9S� Pum mt to die psovidcm of lan d20.1091, Finrida &tatatm, this Florida Limited. Partner, whoso rerdfirata was glad with the Florida Deparanent of Stata on A;dl 28, 1997, adapts the faMawing Cerdti0atg of ama d maut to U5 am iWoase of baited gaztachddp: The nme of the Ilm Q psztneutdp is lm*Y d=964 and, the fotlowins now non* is inactod in its p1ma aad stead: Ties pnstl wjblp's z%=O is: REY RAVErT ESTATES, LTD. A$rGOU 'I i CWtMento of amend=mt ah&U Lea df calve U tbelue crits Sling wiM the Mcrida I7epartmimt of State. Dined: Tlds A4! . day of mA roh, 2005. f 7 r� �C cr MCI • r cn > i'60A part= z •d OLEO 'ON+ EXHIBIT "B" Audlc No, 905000065515 3 dd HDIVH09 I URMN311DO WdSZ:Zt 504Z'91 •ad►N 50 'd bKIS Z50£ INNd0lIA30 Mx NMOI C10 WV W 60 INd L00e-�0-83d STAFF FINDINGS AND RECOMMENDATIONS County Engineer Fire Marshall Planning Monroe County Sheriff s Office — Traffic Impact RAP: A portion of Key Haven Boulevard C UNTYMONROE KEY WEST FLORIDA 33040 (305)294-4641 deice of the Qttnm# 5C2 4UliRAead street, 91em 9a6t ( ffke Max IC26 X,# ` wt, 5.e 33C41-1026 (305) 292-347C MEMORANDUM mow. TO: Aref Joulani, Planning Director Arthur "Wally" Romero, Assistant Fire Marshall Undersheriff Colonel Rick Ramsay, MCSO FROM: Kathy Peters for Suzanne A. Hutton, County Attorney BOARS OF COUNTY COMMISSIONERS Mayor Mario DiGennaro, District 4 Mayor Pro Tern Dixie M. Spehar, District 1 George Neugent, District 2 Charles "Sonny' McCoy, District 3 Sylvia Murphy, District 5 RE: Modification of Road Abandonment Petition: A Portion of Key Haven Boulevard, Key Haven Estates - Petitioner: Key Haven Estates, Ltd. fkn/a The Lujan Limited Partnership, LTD DATE.- March 1, 2007 Enclosed please find a revised drawing and legal description (revised 2/12/07 — marked "OK" by the County Engineer) which was received 2/28/07 by our office attached to the County Engineer's approval of the Petition and advising it is the proper drawing and legal description to be included in the package presented to the Board for approval. In that this office had not yet received the 2/12/07 revised drawing and legal description, your review and the recommendation received from you by this office was based upon a previously submitted drawing and legal description. We are requesting your assistance by submitting your recommendation to this office as soon as possible and prior to the March 14, 2007 agenda revision deadline documenting the revision does not impact the recommendation you already provided to this office. In that the public hearing must be held in the area to be affected by the proposed road abandonment and we must obtain prior approval from the Board to advertise and hold the public hearing, the County Attorney has placed this item on the 3/21/07 BOCC agenda for approval to advertise and hold the public hearing; on April 18. 2007 at 3:00 n.m. in Kev West CONTINGENT UPON YOUR APPROVAL OF THE REVISED LEGAL DESCRIPTION AND DRAWING (UPDATED 2/12/07). Please forward your response via email to ep ters- katherine o.monroecounty-fl.gov or to my attention via courier @ Stop #7. Thank you for your assistance in this matter. KW: Enclosures: Revised Drawing and Legal Description (revised 2/12/07 — initialed "OK" by County Engineer) Memorandum from County Engineer dated 2/27/06 Memorandum from Planning dated 2/7/07 (received 3/l/07) cc: County Engineer Ed Swift, IV C UNTY SO�MONROE KEY WESTLORIDA 33040 (3W 294-4641 Board of County Commissioners Engineering Division The Historic Gato Cigar Factory 1100 Simonton Street, Suite 216 Key West, FL 33040 (305) 292-4426 — Phone (305) 295-4321 - Fax MEMORANDUM TO: Kathy Peters County Attorney's Office a FROM: David S. Koppel Division Director / County Engineer/ L, DATE: February 27, 2007 RE: Petition for Road Abandonment The Lujan Limited Partnership, LTD Portion of Key Haven Blvd. Key Haven Estates BOARD OF COUNTY COMMISSIONERS Mayor Mario Di Gennaro, District 4 Mayor Pro Tern Dixie M. Spehar, District t George Neugent, District 2 Charles "Sonny" McCoy, District 3 Sylvia 3. Murphy, District 5 RECEl VED FEB MONROE COUNTY ArrpRNE r The above -referenced petition for road abandonment has been reviewed and approved by this department. Please make sure the proper drawing and legal description is included in the package that goes to the BOCC. I have put my "ok" on the approved drawing. If you have any questions, please let me know. KEY HAVEN ESTATES OVERALL VI W OP N.84.39'23"W K E 50.00' ? 6 '3s'KA V E I Curve number 1---- Radius= 263.27' Delta= 04'46'26" Arc= 30.54' Tangent= 10.97' Chord= 21.93' Chord Brg.= N.01.04'59"E. Curve number 2 Radius= 50.00' W Delta= 41' 15'08" Arc= 36.00' p Tangent= 18.82' N Chord- 35.23' 3 u') Chord Brg.= N.64'01'50"W. !� Z �!1 Curve number 3LO /. -------------- O pp Radius= 25.00' vi O Delta= 26'05'27" _ Arc= 11.39' 'S Tangent= 5.80' Q, Chord= 11.29' M Chord Brg.= N.56.2729"W. n Curve number 4 �► y M Radius= 213.27' Delta= 13.04'04" t O 011 ,p Arc= 48.64' e Tangent= 24.43' O Chord= 48.54' 7 Chord Brg.= S.01•11'26"E. 4 P.O.C. est End of a Chico Viaduct Sta. 12 +66.17 P.O.& 5� N S1 47" coo 5 (Stat 3604.95' .80 N V S.6Q°1'47'W J U. S. HIGHW Z (40 R/W) SHEET 1 OF 2 Key Haven Estates Key Haven, Key West FL. 33040 FREDERICK H. HILDEBRANDT ENGINEER PLANNER SURVEYOR 3152 Northside Drive Suite 201 Key West, A. 33040 (305) 293-0466 Fox. (305) 293-0237 fhildebt®bellsouth.net SPECIAL PURPOSE SURVEY 05-520 Scale 1 "= 120' Ref. file flood Pond No. 1528 K own. By C.M.0 Date 12 19 OS Flood Zone AE Flood Elev. 9' REVISIONS AND/OR ADDITIONS 9/15/06: Updated, road detail 1/30/07: Updated, detail 2/12/07: Updated, combined legals c\drowings\key hoven\ent. island 2 r KEY HAVEN tSTATES LEGAL DESCRIPTION/CERTIFICATION Road Parcel: Prepared by undersigned: From the intersection of the centerline of U.S. Highway No. 1 and the westerly abutment of the Boca Chico Viaduct go S 80'51'47" W along the centerline of U.S. Highway No. 1 a distance of 3604.95 feet; thence N 05'20'37" E a distance of 206.56 feet to a point in the northerly right of way line of U.S. Highway No. 1 and the Point of Beginning; thence continue N 05'20'37" E a distance of 761.08 feet to a point on a curve with radius of 263.27 feet and a central angle of 04'46'26"; thence northeasterly along said curve a distance of 30.54 feet; thence N 84'39'23" W a distance of 10.83 feet to a point on a curve with radius of 50.00 feet and a central angle of 41'15'08"; thence northwesterly along said curve a distance of 36.00 feet to a point on a curve with radius of 25.00 feet and a central angle of 26'06'27"; thence northwesterly along said curve a distance of 11.39 feet to a point on a curve with radius of 213.27 feet and a central angle of 13'04'04"; thence southwesterly along said curve a distance of 48.64 feet; thence S 05'20'37" W a distance of 773.99 feet; thence N 80'51'47" E a distance of 51.64 feet back to the Point of Beginning. Parcel contains 40,156 square feet or 0.92 acres, more or less. CERTIFICATION: I HEREBY CERTIFY that the attached SPECIFIC PURPOSE SURVEY is true and correct to th best of my knowledge and belief; that it meets the minimum technical standords adop d by the Florida Board of Land Surveyors, Chapter 61G17-6, Florida Statute Section .027 and the American Land Title Association, and that there are no isible c ments unless shown hereon. FREDERICK H. H BRAN T Professional Land Surveyor No. 2749 Professional Engineer No. 36810 State of Florida NOT VALID UNLESS EMBOSSED WITH RAISED SEAL SHEET 2 OF 2 Key Haven Estates Key Haven, Key West FL. 33040 SPECIAL PURPOSE SURVEY w9' o 05-520 Scole 1 "= 120' 1 Ref. flood Panel No. 1528 K own. By C.M.c Date 12/19/05 file Flood Zone AE Flood Elev. 9' 9/15/06: Updated, road detail, legal 1/30/07: Updated, detail 2/12/07: Updated, combined legate c\drawings\key haven\ent. Island 2 FREDERICK H. HILDEBRANDT ENGINEER PLANNER SURVEYOR 3152 Northside Drive Suite 201 Key west, FI. 33040 (305) 293-0466 Fax. (305) 293-0237 fh ildebl Obellsouth. net BOARD OF COUNTY COMMISSIONERS Mayor Mario Di Gennaro, District 4 Mayor Pro Tern Dixie M. Spehar, District 1 U N TYSo��qNROE George Neugent, District 2 KEY WESTDA 33040 , Charles "Sonny" McCoy, District 3 (30s) 2s4-4641Sylvia J. Murphy, District 5O5 OFFICE of the FIRE MARSHAL 490 63`d Street Marathon, FL 33050 PHONE: (305) 289-6010 FAX: (305) 289-6013 MEMORANDUM TO: Kathy Peters, County Attorney's Office CC: Arthur "Wally" Romero, James Callahan, Monroe County Fire Rescue FROM: Steven M. Zavalney, Captain RE: Road Abandonment Petition Rction of Key Haven Blvd, Key Haven, Fl (MM6) Petitioner: Lujan Limited Partnership, LTD. DATE: December 29, 2006 The Monroe County Fire Marshal's Office has reviewed the road abandonment petition referenced above, and has conducted a site visit. The Fire Marshal's Office has no objection to the abandonment of this portion of the road, with the following conditions: Any future development on this plat shall provide for adequate Fire Department Access, per the Florida Fire Prevention Code, NFPA 1, Chapter 18 entitled "Fire Department Access and Water Supply." In particular, this office is concerned with adequate Fire Department access roads and space to turn Fire Apparatus in a newly constructed subdivision, and will closely monitor the progress of the new development for compliance with the code. If you are in need of further information, please do not hesitate to call. RECEiv U JAN U 2 Zow MONROE COUNTY ATTORNEY FF-8-7-W07 10:40A FROM: T0: 9d9c2b---M MEMORANDUM TO: Suzanne Hutton, County Attorney FROM: Aref Joulani. Director of Planning & Environmental Resources SUBJECT: Road Abandonment Petition Petitioner by Ltijan Limited Partnership,, LTD for a Section of Key Haven Blvd., Key Haven, Fl (MM 6) DATE: February 7, 2007 ne Monroe County Department of Planning and Enviromnental Resources has reviewed the petition for road abandonment by Lujan Limited Partnership, LTD for a Section of Key Haven Blvd., Key Haven, F1(MM 6) as depicted on special purpose survey 05-520, dated 12/19/05, by Frederick H. Hildebrandt and has no objection. Key Haven road adandonment Page I of I z0 'd b8EL96Z90E I HWdOUEG MY NMOI 410 WV W 01 HI L0H-10A W Communications: 2796 Overseas Hwy. Marathon, Ff. 33050 To (305) 292-7075 FAX (305) 289-2493 r g• 4\ 43. t� Suzanne A. Hutton County Attorney Substations: From: Colonel Rick Ramsay Freeman Substation Undersheriff 20950 Overseas Hwy. Cudjoe Key, Fl. 33042 (305) 745-3184 Date: 14'h Dec. 2006 FAX (305) 745-3761 Marathon Substation Ref Road Abandonment Petition / Key Haven Monroe County Sheriff's Office Xtchard D. Roth, Sheriff 5525 Coffege Road Key rWest,FZor da 33040 (305) 292-7000 FAX. (305) 292-7070 1-800-273-COPS www.keysso.net RECEIVED DEC 19 1006 MONROE COUNTY ATTORNEY 3103 Overseas Hwy. Marathon, Fl. 33050 (305) 289-2430 Ms. Hutton, I meet with a representative from Lujan Limited Partnership on Dec. 14tn FAX (305) 289-2497 2006 at 0900 am. Islamorada Substation 87000Overseas Hwy.I walked the entire area and was able to ask questions regarding law enforcement access. Islamorada, Fl. 33036 (305) 853-7021 FAX (305) 853-9372 I saw no law enforcement / public safety reason why this should be rejected. Spottswood Substation 88770 Overseas Hwy. This office does not oppose this request and I am available should you have any Tavernier, Fl. 33070 questions or concerns. (305)853-3211 FAX (305) 853-3205 Sincerely, Detention Centers: Key West Det. Center 5501 College Road Colonel Rick Ramsay Key West, FI. 33040 (305) 293-7300 FAX (305) 293-7353 Marathon Det. Facility 3981 Ocean Terrace Marathon, Fl. 33050 (305) 289-2420 FAX (305) 289-2424 Plantation Det. Facility 53 High Point Road Plantation Key, Ff. 33070 (305) 853-3266 FAX (305) 853-3270 Special Operations P.O_ Box 500975 Marathon, Ff. 33050 (305) 289-2410 FAX (305) 289-2498 t`e A. SURVEY RAP: A portion of Key Haven Boulevard 7 -1 KEY HAVEN ESTATES OVERALL VIEW Ate. V. CV. N.84'39'23"W K E 50.00' ? 84 9,2A V E �` Curve number 1---- Radius= 263.27' Delta= 04'46'26" Arc= 30.54' Tangent= 10.97' Chord= 21.93' Chord Brg.= N.01'04'59"E. Curve number 2 -------------- Radius= 50.00' lyl Delta= 41'15'08" M Arc= 36.00' p Tangent= 18.82' N Chord= 35.23' Chord Brg.= N.64'01'50'W. x� Z: N Curve number 3 in — — — — — — — — — — — — — — Radius= 25.00' O vi o0 O Delta= 26'06'27" Z Are- 11.39' co Tangent= 5.80' Chord= 11.29' rn 1 Chord Brg.= N.56'27'29"W. rj A. Curve number 4 I` �'► y Radius= 213.27 .� 0 Delta= 13'04'04" ,p Arc= 48.64' 0 Tangent= 24.43' 0 Chord= 48.54' 1 Chord Brg.= S.01'11'26"E. 10 eP.C aEdO.ft+o Chita Viaduct Sa. 17 YNP.O.BC. V�64 5.'S1'47. 5) top$t1'54; O R��6eo 604.96 .80'S�E Noa * �NN U. S. t,,,pp' R/Vri SHEET 1 OF 2 Key Haven Estates Key Haven, Key West FL. 33040 FREDERICK H. HILDEBRANDT SPECIAL PURPOSE SURVEY 05-520 ENGINEER PLANNER SURVEYOR Scale 1 "= 120' Ref. Il'tood Panel No. 1528 K Own. By C.M.0 Date 12 19 05 file Flood Zone AE Flood Elev. 9' 3152 Northside Drive Suite 201 REVISIONS AND/OR ADDITIONS Key West, Fl. 33040 9/15/06: Updated, road detail (305) 293-0466 1/30/07: Updated, detail EXHIBIT Fax. (305) 293-0237 2/12/07: Updated, combined lagols A-- fhildebt®bellsouth. net c\drawings\key haven\ent. island 2 KEY HAVEN ESTATES LEGAL DES .RIPTION/CERTIFICA TION Road Parcel: Prepared by undersigned: From the intersection of the cente line of U.S. Highway No. 1 and the westerly abutment of the Boca Chica Viaduct go S 80'5147" W along the centerline of U.S. Highway No. 1 a distance of 3604.95 feet; thence 05'20'37" E a distance of 206.56 feet to a point in the northerly right of way line of U.S. Highway No. 1 and the Point of Beginning; thence continue N 05'20'37" E a distance' of 761.08 feet to a point on a curve with radius of 263.27 feet and a central angle of 04'46'26"; thence northeasterly along said curve a distance of 30.54 feet; thence N �4'39'23" W a distance of 10.83 feet to a point on a curve with radius of 50.00 feet anj a central angle of 41'15'08"; thence northwesterly along said curve a distance of 36.00 fe t to a point on a curve with radius of 25.00 feet and a central angle of 26'06'27"; thence (northwesterly along said curve a distance of 11.39 feet to a point on a curve with radius of 213.27 feet and a central angle of 13'04'04"; thence southwesterly along said curve a distance of 48.64 feet; thence S 05'20'37" W a distance of 773.99 feet; thence N 80'51'47" E, a distance of 51.64 feet back to the Point of Beginning. Parcel contains 40,156 square feet'( or 0.92 acres, more or less. CERTIFICATION: I HEREBY CERTIFY that the attached SPECIFIC PURPOSE SURVEY is true and correct to th best of -ny knowledge and belief; that it meets the minimum technical standards adop d by the Florida Board of Land Surveyors, Chapter 61G17-6, Florida Statute Section .027 an I the American Land Title Association, and that there are noAisibl'e ments unless shown hereon. / \ / \ I a -I FREDERICK H. H!L'PIEBRANDT Professional Land Surveyor No. 27 Professional Engineer No. 36810 State of Florida Key Haven Estates Key Haven, Key West FL. 33040 F0� NOT VALID UNLESS EMBOSSED WITH RAISED SEAL SPECIAL PURPOSE SURVEY 05-520 Scale 1"= 120' Ref, lFlood Panel No. 1528 K own. By o.M.c Date 12/19/05 file lFlood zone AE Flood Elev. 9' 9/15/06: Updated, road detail, legal 1/30/07: Updated, detail 2/12/07: Updated, combined legals c\drawings\key hoven\ent. island 2 SHEET 2 OF 2 FREDERICK H. HILDEBRANDT ENGINEER PLANNER SURVEYOR 3152 Northside Drive Suite 201 Key West, FI. 33040 (305) 293-0466 Fax. (305) 293-0237 fhildebl ®bellsouth.net KEY HAVEN ESTATES OVERALL V W V N.84.39'23"W ? 50.00' �M r� 3 i� N O A. S -0 \ O 7 O G� Q`r 196 K E Y HAVEN w 0 N U') 0 z S lkl( �,�OM BO 51.64 io ^ N 5� N $0.51' 47"E. (state p°aO• R NO. N N• U. s• GHWAY z HI�400• RrN� SHEET 1 OF 3 Key Haven Estates Key Haven, Key West FL. 33040 SPECIAL PURPOSE SURVEY Scale 1"= 120' Ref. Food Panel No. 1 Date 12/19/05 file Food zw,e AE REVISIONS AND/OR ADDITIONS 9/15/06: Updated, road detail island 2 Wy No. FREDERICK H. HILDEBRANDT 05-520 ENGINEER PLANNER SURVEYOR K Own. By C.M.0 Flood Elev. 9' 3152 Northside Drive Suite 201 Key West, FI. 33040 (305) 293-0466 Fax. (305) 293-0237 KEY HAVEN ESTATES Curve number 1 - - - ? N.84' ?'23"W. Radius- 263.27 Delta- 04'46'26" Key Haven Terrace Arc- 30,54' Tangent- 10.97' Chord= 21.93' P.O.B. Chord Brg.- N.01'04'59"E. Curve number 2 Radius- 50.00' Delta- 41'15'08" Arc- 36.00' Tangent- 18.82' Chord- 35.23' Chord Brg,- N.64'01'50"W. Curve number 3 Radius- 25.00' Delta- 26'06'27" Arc= 11.39' Tangent- 5.80' Chord- 11.29' Chord Brg.= N.56'27'29"W. n;o o"? N� Curve number 4 pN -------------- N Radius- 213.27' Delta= 13'04'04" Arc= 48.64' Tangent- 24.43' Chord= 48.54' Chord Brg.= S.01'11'26"E. Rw o a• i RW n O Z N z NO. 1 U. Se HIGHWAY 'Key Haven Estates Key Haven, Key West FL. 33040 SPECIAL PURPOSE SURVEY Scale 1"= 50' 1 Ref. (Flood Ponel No. 15, 05 file Fled REVISIONS AND/OR ADDITIONS Pd. rood detail c\drowings\key hown\ent. islond 2 0 Y P.O.C. West End of Boca Chico Viaduct Sto. 129+66.17 State rd No.�5) C504.95' 5.80' 51' 47 S $0 51.47"W. 3710.25 Note: P.0.8. = Point of Beqinninq SHEET 2 OF 3 FREDERICK H. HILDEBRANDT 05— 520 ENGINEER PLANNER SURVEYOR AE lFlood Ele, 9' 3152 Northside Drive Suite 201 Key West, FI. 33040 (305) 293-0466 Fax. (305) 293-0237 KEY HAVEN ESTATES LEGAL DESCRIPTION/CERTIFICATION Prepared by undersigned: Small area: From the intersection of the centerline of U.S. Highway No. 1 and the westerly abutment of the Boca Chico Viaduct go S 80'51'47" W along the centerline of U.S. Highway No. 1 a distance of 3710.25 feet; thence N 09'34'47" E a distance of 211.17 feet to a point in the northerly right of way line of U.S. Highway No. 1; thence continue N 09'34'47" E a distance of 492.16 feet; thence N 05'20'37" E a distance of 292.56 feet to the Point of Beginning; thence S 84'39'23" E a distance of 50.00 feet to a paint on a curve with radius of 263.27 feet and a central angle of 04'46'26"; thence northeasterly along said curve a distance of 21.94 feet; thence N 84'39'23" W a distance of 10.83 feet to a point on a curve with radius of 50.00 feet and a central angle of 41'15'08"; thence northwesterly along said curve a distance of 36.00 feet to a point on a curve with radius of 25.00 feet and a central angle of 26'06'27"; thence northwesterly along said curve a distance of 11.39 feet to a point on a curve with radius of 213.27 feet and a central angle of 13'04'04"; thence southwesterly along said curve a distance of 48.64 feet back to the Point of Beginning. Road Parcel: From the intersection of the centerline of U.S. Highway No. 1 and the westerly abutment of the Boca Chico Viaduct go S 80'51'47" W along the centerline of U.S. Highway No. 1 a distance of 3604.95 feet; thence N 05'20'37" E a distance of 206.56 feet to a point in the northerly right of way line of U.S. Highway No. 1 and the Point of Beginning; thence continue N 05'20'37" E a distance of 761.08 feet; thence N 84'39'23" W a distance of 50.00 feet; thence S 05'20'37" W a distance of 773.99 feet; thence N 80'51'47" E a distance of 51.64 feet bock to the Point of Beginning. Parcel contains 38,376 square feet, more or less. CERTIFICATION: I HEREBY CERTIFY that tjbt hed SPEC/F1C PURPOSE SURVEY is true and correct to thof my knowledge and beleif; that it meets the minimum technical standards opthe Florida Board of Land Surveyors, Chapter 61G17--6, Florida Statute Sectio 4and the American Land Title Association, and that there are no visible crnts unless shown hereon. FREDERICK H. HILDEBRANDT Professional Land Surveyor No. 2749 Professional Engineer No. 36810 State of Florida NOT VALID UNLESS EMBOSSED WITH RAISED SEAL �_.N.aven Estates - Key Haven, Key West FL. 33040 SPECIAL PURPOSE SURVEY 05-520 Scale 1 "= 10 e • flood Panel No. 1528 K own. By C.M.0 Date 12 19 05 file Flood Zone AE flood Elev. 9' REVISIONS AND/OR AMMON5 9/15/06: Updated, road det ll, legal island 2 SHEET 3 OF 3 FREDERICK H. HILDEBRANDT ENGINEER PLANNER SURVEYOR 3152 Northside Drive Suite 201 Key West, Fl. 33040 (305) 293-0466 Fox. (305) 293-0237 KEY HAVEN ESTATES ('t Curve number 1 2 N.84' 9'23"W. Radius= 263.27' 0.8 Delta= 0446'26• Key Haven Terrace Arc= 30.54' Tangent= 10.97' Chord= 21.93' P.O.B. Chord Brg.= N.01'04'59" E. _ Curve number 2 Radius— 50.00' Delta= 41*15*06' Arc= 36.00' Tangent= 18.82' Chord= 35.23' Chord Brg.= N.64'01'50"W. Curve number 3 '0 -------------- Radius= 25.00' O Delta= 26'06'27" Arc— 11.39' i Tangent= 5.80' 0 Chord= 11.29' Chord Brg.= N.56'27'29"W. NN 0`� �/yy0�� W Curve number 4 -------------- y Radius= 213.27' C Delta= 13'04'04" Arc= 48.64' Tangent- 24.43' Chord= 48.54' Q Chord Brg.= S.01"11'26"E. Q� Y b, rn of V40Y uns P.O.C. o V. 09M West End of z Born Chico Viaduct 5 �51'46.5,'*' Sta. 129+66.17 ,i er N ad N°" 5) R. z (State R 37,0.25' S. HIGHWAY NO. 5.8a51'47�. Note: P.O.B. = Point of Beginning SHEET 1 OF 2 Key Haven Estates Key Haven, Key West FL. 33040 SPECIAL PURPOSE SURVEY 55—a' 0520 Scale 1"= 50' 1 Ref. Flood Penal No. 1528 K Dm. By C.M.0 Date 19/19/05 1 file lFlood Zone AE Flood Elev. 9' FREDERICK H. HILDEBRANDT ENGINEER PLANNER SURVEYOR 3152 Northside Drive Suite 201 Key West, FI. 33040 (305) 293-0466 Fax. (305) 293-0237 nnc\Kav Hawn\Fnt Icland 2 riwn 1 3.42-45 PM KEY HAVEN ESTATES LEGAL DESCRIPTION/CERTIFICATION From the intersection of the centerline of U.S. Highway No. 1 and the westerly abutment of the Boca Chica Viaduct go S 80'51'47" W along the centerline of U.S. Highway No. 1 a distance of 3710.25 feet; thence N 09'34'47" E a distance of 211.17 feet to a point in the northerly right of way line of U.S. Highway No. 1; thence continue N 09'34'47" E a distance of 492.16 feet; thence N 05'20'37" E a distance of 292.56 feet to the Point of Beginning; thence S 84'39'23" E a distance of 50.00 feet to a point on a curve with radius of 263.27 feet and a central angle of 04'46'26; thence northeasterly along said curve a distance of 21.94 feet; thence N 8439'23" W a distance of 10.83 feet to a point on a curve with radius of 50.00 feet and a central angle of 41'15'08"; thence northwesterly along said curve a distance of 36.00 feet to a point on a curve with radius of 25.00 feet and a central angle of 26'06'27"; thence northwesterly along said curve a distance of 11.39 feet to a point on a curve with radius of 213.27 feet and a central angle of 13'04'04"; thence southwesterly along said curve a distance of 48.64 feet back to the Point of Beginning. CERTIFICATION: I HEREBY CERTIFY that the attached SPECIRC PURPOSE SURVEY is true and correct to the best of my knowledge and beleif; that it meets the minimum technical standards adopted by the Florida Board of Land Surveyors, Chapter 61G17-6, Florida Statute Section 472.027, and the American Land Title Association, and that there are no visible encroachments unless shown hereon. FREDERICK H. HILDEBRANDT Professional Land Surveyor No. 2749 Professional Engineer No. 36810 State of Florida NOT VALID UNLESS EMBOSSED WITH RAISED SEAL Key Haven Estates Key Haven, Key West FL. 33040 SPECIAL PURPOSE SURVEY "er. Flood Panel No. 1525 K file Flood Zone AE ADOMONS SHEET 2 OF 2 wg O. FREDERICK H. HILDEBRANDT 5-520 ENGINEER PLANNER SURVEYOR By C.M.0 El... 9 3152 Northside Drive Suite 201 Key West, FI. 33040 (305) 293-0466 Fax. (305) 293-0237 B. LOCATION MAP RAP: A portion of Key Haven Boulevard . ��': i1 \ ' .Gj 5 ,`�+`r `l 4 �-' � t ���,� � � '� � r 1 i �-. __._S�VERSEAS _w TerraScr�cr Image Courtes,. ofthc USGS Page I oC I ZUSGS rc- S, s 11i I id. 04ill a; i. It 4k *00 01 00 0 —OK N. r I - OAT 1w Ar tie' 4e let lop 10 OM 0. liooyd Terms of Use Privacy Statement http:,/iterraserver-tisa.comlprintli-nage.a.spN?'f' I&S- ]0&X=2129&rY=13591&/=17&1'=S... 10/1-5,2006 Page lo£! m—#n. , .st Ave t 26©`/ j � j ^z dAVE, \ m > looun &3� =wzux 6ttp:image, maps. v oaco2£mapimaac?M&/gam=3K02\rhyzylOffZ4%tpvptbwSlC, 10/2 2006 Add 4th Acid Aci C. COPIES OF DEEDS RAP: A portion of Key Haven Boulevard Clar�irkgd'on as to Petitioner: The Petitioner in the road Abandonment Petition filed by The Lujan Limited Partnership needs to be changed to Key Maven Estates, Ltd., a Florida Limited Partnership. On April 28, 1997, the Partnership known as The Lujan Family Limited Partnership was formed with the Florida Department of State, Division of Corporations. On June 30, 1998, The Lujan Family Limited Partnership changed its mane to The Lujan Limited Partnership, by filing a Certificate of Amendment to Certificate of Limited Partnership of The Lujan Family Limited Partnership, a copy of which is attached as Exhibit "A". On larch 16, 2005, The Lujan Limited Partnership changed its name to Key Haven Estates, Ltd., by filing a Certificate of Amendment to Certificate of Limited Partnership of The Lujan Limited Partnership, a copy of which is attached as Exhibit `B". Therefore, Key Haven Estates, Ltd., was formally known as The Lujan Limited Partnership and thus theses named entities are one and the same. Therefore the Development Agreement approved by the BOCC on 2/23/2005 between Monroe County and Key Maven Estates, Ltd. (Resolution 085-2005) accurately reflects the name of the owner today. Since The .Lujan Limited Partnership does not legally exist under this name any longer, the only approval that can be given is by Key Haven Estates, Ltd, fknla The Lujan Family Partnership, by an authorized General Partner, which is being provided with this letter. ZO 'd b8£L96 90£ IN8Wd0UAN MY NMOI 010 WV W 60 I H LOOe-eO-88.d Consent to Change the Name of Petitioner on Road Abandonment Application Filed by The Lujan Limited Partnership I, Betty Lujan Toppino, f/k/a Betty L. Lujan, as a General Partner of Key Haven Estates, Ltd, hereby acknowledge that Key Haven Estates, Ltd., was formally known as The Lujan .Limited Partnership. The Lujan Limited Partnership changed its name to Key Maven Estates, Ltd, a Florida Limited Partnership on March 16, 2005. As an authorized General Partner of Key Haven Estates, .Ltd. f/kla The Lujan Limited Partnership, I hereby consent and request that the name of the Petitioner in the Road Abandonment Petition filed on behalf of The Lujan Limited Partnership, be changed to Key Haven Estates, Ltd, to reflect the actions taken by The Lujan Limited Partnership with the Florida Department of State, Division of Corporations of a name change. x Dated this day of ,,�.. 2007. Key'Havin Estates, Lf f/IJu The Lu$ifLimited Partnership f/ By: Betty Lujan Toppino flk/a Betty L. Lujan General Partner 60 'd b8£LW90£ INM013AIa Mx NM01 410 WV 9b:60 IMF LOR-M-93. CERTIFICATE OF AbUMMENT TO CERTIFICATE OF LIMITED FJMTNERSRIP or THE LUJAN FAMILY LIMITED PARTNERSHIP pursuant to tlLe provision of section 620.109, Florida Statutes,' " this Florida Limited Partnership, whose certificate was filed with the Florida Department of State on' November ,12r_ :.9:96, adopts the following... certificate of amendment to its _ce ttificate of limited partnership: FIRST: The name of the limited partnership is hereby changed, and the following . new name is inserted in its place and stead: The Partnersbip's name is: THE LUJAN LIMITED PARTNERMIP. SECOND: This certificate of amendment shall be effectiv6 at the time of its filing with the Florida Department of State.' Dated: This %Y0 ___day of J'une,,:,.,19.98. �s B T L JAN, enera7-Vartner, � ca C_ P r� M C+� -.4 N � N EXHIBIT is 41 b0 'd INMOUAIQ MA NN01 010 WV W60 INE 100Z-M-88d r" • w S�'r 9 .a Audlit Nos 005000065315 3 CERTIFICATE OF A11dENT MENT TO CERTFS'XCAU OF LWT91) PARTNERSHIP OF Pu=mt to this paovlaloll of bastion 620.100, Florida Statutes, this r1' m ids Limited Parts whose rertif ite was glad with the Florida Dapart rent of Rate on April 28, 1997, adapts the "awing oesiMaatg of ametidwmt to ita am Moste of bmitad pertae %Wz1: The Asa of the 11miQ pactuetslrip is hm*y &mSed, and the following new n me is lstsertad" in its pl= aad stead-. The Partnership's name ii; BEY RAVEN ZSTATZSa LTD. AMMU T193 Ceetifioate of st mendment xW be effective at the��$a d_ts Slim with tha Florida Aepartmeut of State. Dated: TWs �� y of'Ma d, 2005.�, rn�t cr M c, r sn 3> A r "•1 (' r Pa i Patcacor , Z 'd OLEO 'ON* EXHIBIT "dit No. 901000065515 3 dd RMH08 I MOM111f D WdSZ�ZI 544Z '9l 'aHY� 50 'd bKL96z50£ ZNM011AM MN NM01 Q10 WV W 60 INd LOU-K-93. Property Information for 115749Q Page 1 of 2 MONROE COUNTY PROPERTY APPRAISER PROPERTY INFORMATION FOR: Alternate Key: 1157490 RE Number: 00123200-000000 rrupCnv LcILRuN O«NER OF RECORD KEY HAVEN ESTATES LLC 201 FRONT ST KEY WEST FL 33040 PHTSICAL LOCATION KEY HAVEN KEY LEGAL DESCRIPTION -16 67 25 CC67526-13 BAY BOTTOM - SOUTH OF & ADJACENT TO GOV LOT 2 OR321-1-8 OR1187- 088 1118PET ORD WILL OR 1644-2170 71Q C OR2215- 1172 76 OR2215-1194 97Q C SECTION. TOWNSHH', RANGE 26-67-25 MILLAGE GROUP U10A PC CODE 9500 - SUBMERGED LANDS 0s, Land Details LAND USE CODE FRONTAGE DEPTH LAND AREA MIOW -RES WATERFRONT 0 0 0.63 AC 000R - ENVIRONMENTALLY SENS 0 0 0.1 I AC miscenaneuus improvements NBR ITIPR Tx PE # UNITS TYPE LENGTH WIDTH YEAR BUILT ROLL YEAR GRADE LIFE 1 RW2:RETAINING WALL 2000 SF 5 400 1987 1988 1 50 Parcel Value History TAx_ROLL YEAR BUILDING MISCELLANEOUS LAND __ IMPROVEMENTS 206 0 640 81Lt,51 2(H)5 11 6.600 80,651 2004 a 6_800 80.651 2003 0 7.(H)o 80.651 20412 11 7.200 80651 2001 n 7.400 80 651 20W +) 1.824 80 651 1999 Il LS72 W 651 1998 1 1.`)210 HI1 ,ti I 199i n l.')68 SI 1(,;1 1996 (! 71.4)1 r, $Oj 151 199-5 2.(1(4 811.651 hq://www.mcpafl.org/datacenter/search/record.asp JUST S7.051 87.251 87.451 87.651 87.85 l 88_u5 I 82_-175 82,571 82.610 82.667 82.715 EXEMPTIONS (NOT TAXABLE INCLUDING SENIORS) 0 87 051 O 87.251 0 87,451 0 97.651 0 87.851 0 88.05 I 1) 82,523, n S2.571 +1 82.,19 I 1 81667 7 0 82.715 3/7/2007 prepared by and return to: Doep 2585448 06/09/2006 3 7 34PM Filed 6 Recorded In Official Records of JOHN M. SPOTTSWOOD MONROE COUNTY DANNY L. KOLHAGE 500 FLEMING STREET KEY WEST, FL 33040 46/09/2006 3:34PM OECD DOC STAMP CL: PU $0.70 parcel ID Number: Doca 1586446 1172 Bko 2215 P9N Quitclaim Deed This Quitclaim Deed, Madethis 1st day of June ,2006 AD- Between BETTY L. LUJAN TOPPINO formerly known as BETTY L. LUJAN, a married woman of the aunty of Monroe , state of Florida , grantor, and KEY HAVEN ESTATES, LTD. formerly known as LUJAN LIMITED PARTNERSHIP, a Florida limited partnership whose address is 1104 Truman Avenue, Key West, FL 33040 of the County of Monroe state of Florida , grantee. Witnesseth that the GRANTOR, for and in consideration of the sum of --------------TEN DOLLARS ($10)----------------------- DOLLARS, and other good and vidi mble consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby aeknowieelged, has granted, bargained and quitclaimed to the said GRANTEE, and GRANTEES heirs, successurs and assigns forever, the following described land, situate, lying and being in the Counlyuf Stateof Florida to wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. TO Have and to held the same together with all and singular the appurtenances thereunto belonging or in anywise appenaining, and all die estate, right, title. interest, hen, equity and claim whatsoever of grantor, either in law or equity, for the use, benefit and pmfit of the said grantee fur"er. In Witness Whereof, the grantor has hereunto set her hand and seal the day and year first above written. Si , sealed and delive in/bur presence: L Pr rated Name: IMICA N. NiIGNFS 13FITY f./LTIJAN TO NO fo ly Witness known as BETTY L. UJAN p9. Address: 1104 Truman Avenue, Key West, FL 33040 af Printed e: Witness STATE OF Florida COUNTY OF Monroe The Inrcgumg insmimeni was acknowledged heli— me this list day of June , 2006 by BETTY L. LUJAN TOPPINO formerly known as BETTY L. LUJAN, a married woman sheispersouallyknown tumcorshchasproducedherFlorida driver Ia license aside.mifteation. znM"' Mary E. Tur8o lt"p s e 30398273 Printed net MARY E. TURaS N-*d ryy. „w Wo Notary P lie eao-aasroit My Commission Expires: LUSAN 1-mar G"-. dlrynis lay.iy+irm+W, e,n,an� � r i;n i-,5,• Fwm YL,J('n-I Doe# 1586448 Bkp 2215 Po# 1173 EXHIBIT "A" THAT CERTAIN PROPERTY DESCRIBED IN THE RECEIVER'S DEED RECORDED IN OFFICIAL RECORDS BOOK 321, PAGES 1-8, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: KEY HAVEN EIGHTH ADDITION, according to the Plat thereof recorder: in Plat Book 5 at Page 61, Public records of Monroe County, Florida. Lots 4A to 9A inclusive, of Block 1, KEY HAVEN THIRD ADDITION, according to the Plat thereof recorded in Plat Book 4 at Page 115, Public Records of Monroe County, Florida. Lot 10 and Lots 15 to 23 inclusive, KEY HAVEN FOURTH ADDITION, according to the Plat thereof as recorded in Plat Book 4 at Page 152, Public Records of Monroe County, Florida; Lot 7 of block 4, and Lots 1, 2, 3 and 6 of Block 5; and Lots 2 and 3 of Block 6, KEY HAVEN FIFTH ADDTTION, according to the plat thereof recorded in Plat Book 5 at Page 10, Public Records of Monroe County, Florida A parcel of land on Raccoon Key Monroe County, Florida, being a part of Government Lot 1, Section 26, Township 67 South, Range 25 East, and more particularly described as follows: From the West corner of Lot 14, Block. 4, according to the Plat of KEY HAVEN EIGHTH ADDTTION, recorded in Plat Book 5 at Page 61 of Monroe County Official Records; go North 60' 30' 50" West, a distance of 210 feet to a point, which point is the point of beginning; thence North 60" 30' 50" West, a distance of 175 feet to a point; thence South 29' 29' 10" West, a distance of 40 feet to a point; thence North 60' 30' 50" West, a distance of 780 feet, more or less, to a point in the westerly shoreline of Raccoon Key; thence Northeasterly, Northwesterly, Easterly, and Southeasterly, along the meanders of the shoreline, a distance of 2,500 feet, more or less, to a Point in the Northwesterly line of said KEY HAVEN EIGHTH ADDITION; thence South 29'29' 10" West and along said Northwesterly line of said KEY HAVEN EIGHTH ADDITION, a distance of 240 feet, more or less, back to the beginning, also from the West corner of Lot 14, Block 4, according to the Plat of KEY HAVEN EIGHTH ADDITION, recorded in Plat Book 5 of Page 61 of Monroe County Official Records, go North 60' 30' 50" West, a distance of 210 feet to a point which point is the point of beginning; thence North 60' 30' 50" West, a distance of 175 feet to a point; thence South 29' 29' 10" West, a distance of 360 feet, more or less, to a point in the Southerly shoreline of Raccoon Key; thence Northeasterly along the meanders of said shoreline, a distance of 350 feet, more or less, to a Point in the Northwesterly line of said KEY HAVEN EIGHTH AD- DITION; thence North 29' 29' 10" East along said Northwesterly line of KEY HAVEN EIGHTH ADDITION, a distance of 50 feet, more or less, back to the point of beginning. Containing 8.0 acres, more or less. A parcel of land on Raccoon Key, Monroe County, Florida being part of Government Lot 2, Section 26, Township 67 South, Range 25 East, and more particularly described as follows: From the intersection of the Easterly line of Key Haven Boulevard according to the Plat of KEY HAVEN as recorded in Plat Book 4, at Page 46, and the Southerly line of Key Haven Terrace according to the Plat of KEY HAVEN FOURTH ADDITION, as recorded in Plat Book 4, at Page 152, go south along the Southerly line of said Key Haven Terrace 84° 14' 10" East a distance of 20 feet to a point which point is the Point of Beginning; thence continue South 84°14' 10 " East along the Southerly line of said Key Haven Terrace a distance of 57.21 feet to a point of curve of a concave to the North, having a radius of 169.32 feet and a central angle of 45132'10" thence Northeasterly along said curve a distance of 20 feet to a point; thence South 43°47'40" East a distance of 200 feet, more or less, to a point in the Southerly shoreline of Raccoon Key; thence westerly along said shoreline a distance of 220 feet, more or less, to a point in the Easterly line of said Kcy Haven Boulevard; thence North 05°45'50" East along the Easterly line of Key Haven Boulevard, a distance of 150 feet to a point; thence North ooc# 2586448 Bktt 2215 Pytt 1174 50°13'40" East a distance of 40 feet back to the Point of Beginning. Containing 0.6 acres, more or less. A parcel of land on Raccoon Key, Monroe County, Florida, begin a part of Government Lot 1, Section 26, Township 67 South, Range 25 East, more particularly described as follows: Begin at the West comer of Lot 1, Block 4, KEY HAVEN SEVENTH ADDITION as recorded in Plat Book 5 at Page 53, Monroe County Official Records; thence North 29'29' 10" East along the Northwesterly line of Lot 1, Block 4 according to said KEY HAVEN SEVENTH ADDITION, a distance of 137.5 feet to the north comer of Lot I, Block 4, according to said KEY HAVEN SEVENTH ADDITION; thence North 30°60'50" West along the Northeasterly line of said Lot 1, Block 4 (extended), a distance of 34.99 feet to a point in the Southeasterly line of KEY HAVEN EIGHTH ADDITION, as recorded in Plat Book 5, at Page 61, Monroe County Official Records; thence South 15112'18" West along the Southeasterly line of said KEY HAVEN EIGHTH ADDITION, a distance of 141.88 feet back to the point of beginning. Containing 0.06 acres, more or less. A parcel of submerged land lying Southeasterly of Part of Government Lot 2, Section 26, Township 67 South, Range 25 East, Raccoon Key, Monroe County, Florida, more particularly described as follows: From the intersection of the Westerly abutment of the Boca Chica Viaduct and the centerline of U.S. Hwy #1, go South 81'17'00" West, a distance of 3,308.70 feet to a point; thence North 10°00'00" East a distance of 211.17 feet to a point in the Northerly RiW line of U.S. Hwy 41, which point is the point of beginning; thence North 81 °l7'00" East along the Northerly R/W line of U.S. Hwy #1, a distance of 940.9 feet to a point; thence North 08°43'00" West a distance of 850 feet to a point; thence South 81°17'00" West a distance of 285 feet, more or less, to a point; thence South 01 °35'00" East a distance of 94.3 feet to a point; thence South 63' 57'00" West a distance of 488 feet to a point; thence South 10°00'00" West a distance of 650 feet, more or less back to the point of beginning. Containing 11.68 acres, more or less. A parcel of submerged land lying Southwesterly of and adjacent to Part of KEY HAVEN FIFTH ADDITION, as recorded in Plat Book 5, at Page 10, and Southwesterly of and Southeasterly of and adjacent to KEY HAVEN SECOND ADDITION, as recorded in plat Book 4, at Page 93. Monroe County Official Records, more particularly described as follows: From the intersection of the Westerly abutment of the Boca Chica Viaduct and the centerline of U.S. Hwy #1, go South 81'17'00" West along the centerline of U.S. Hwy #1 a distance of 3,714.28 feet to a point; thence North 10°00'00" East a distance of 211.17 feet to a point in the Northerly R/W line of U.S. Hwy #1, which point is the point of beginning; thence South 81°17'00" West along the Northerly R/W line of U.S. Hwy #1 a distance of 415 feet to the Southwest comer of a parcel of land described in I.I. Deed #22077, thence North 16'13'00" West along the Westerly line of said parcel a distance of 720 feet to a point; thence North 57'13'00" West a distance of 1,060 feet along the Southwesterly line of said parcel a distance of 1,060 feet to the Westerly comer of said parcel; thence North 50'13'40" East along the Northwesterly line of said parcel a distance of 198 feet, more or less, to a point in the Southwesterly line of Key Haven Road according to said Plat of KF.Y HAVEN FIFTH ADDITION; thence Southeasterly along the Southwesterly line of said Key Haven Road and along a curve concave to the North having a radius of 222.34 feet and central angle of 45*11,20" a distance of 30 feet to a point of reverse curve; thence Southeasterly along a curve, concave to the South, having a radius of 220 feet and a central angle of 56100'00", a distance of 215.02 feet to a point of tangent; thence South 49°42'20" East along the Southwesterly line of Key Haven Road according to KEY HAVEN SECOND ADDITION, as recorded in Plat Book 4, at Page 93, Monroe County Official Records, a distance of 209.09 feet to a point; thence South 39°46'20" Fast a distance of 801.40 feet to a point of intersection with the Southeasterly line of Allamanda Ave., according to said KEN' HAVEN SF,COND ADDITION, thence North 50113'40" East along the Southeasterly line of said Allamanda Ave., a distance of 545 feet, more or less, to a point in the shoreline of Raccoon Key, thence Southerly and Easterly along the meanders of said shoreline a distance of 550 feet, more or less, to a point in the Westerly line if Key Haven Boulevard; thence South 05°45'50" West along the Westerly line of Key Haven Boulevard a distance of 200 feet, more or less, to a point of intersection with the Easterly line of a parcel of land described in I.I. Deed #22077; thence Southl0°00'00" West a Wo 2215 rgp 1175 distance of 425 feet, more or less, back to the point of beginning; LESS and excepting therefrom that portion of the above described parcel deeded to Monroe County, Florida, for Road Purposes, as shown in Official Records Book 206, at Pagesl77-179. Containing 13.9 acres, more or less. A parcel of submerged land lying Northwesterly of and adjacent to KEY HAVEN EIGHTH ADDITION, as recorded in Plat Book 5, at Page 61, Monroe County Official Records, more particularly described as follows: Begin at the North corner of Lot 10, Block 2, of said KEY HAVEN EIGHTH ADDITION; thence South 57°17'00" West along the Northwesterly line of Lot 10, Block 2, and Key Haven Road, according to said KEY HAVEN EIGHTH ADDITION, a distance of 210 feet to a point in the Southwesterly line of said Key Haven Road; thence South 32°43'00" East a distance of 20 feet to the North corner of Lot 9, Block 1 according to said KEY HAVEN EIGHTH ADDITION, thence South 57*17'00" West along the Northwesterly line of Lot 9, Block 1 according to said KEY HAVEN EIGHTH ADDITION a distance of 125 feet to the West corner of Lot 9, Block I according to said KEY HAVEN EIGHTH ADDITION (a point in the Southwesterly line of a parcel of land described in I.I. Deed 922708); thence North 32°43'00" West along said Southwesterly line a distance of 30 feet to the West corner of said parcel described in I.I. Deed #22708; thence North 29°29' 10" East along the Northwesterly line of said parcel a distance of 820 feet, more or less; to a point in the Southwesterly shoreline of Raccoon Key; thence Southeasterly along the meanders of said Southwesterly shoreline a distance of 350 feet, more or less, to a point in the Northwesterly line of said KEY HAVEN EIGHTH ADDITION; thence South 29129'10" West along the Northwesterly line of said KEY HAVEN EIGHTH ADDITION a distance of 850 feet, more or less, back to the point of beginning. Containing 3.22 acres, more or less. A parcel of submerged land lying Southerly of and adjacent to part of Government Lot 2, Section 26, Township 67 South, Range 25 East, Raccoon Key, Monroe County, Florida; more particularly described as follows: From the intersection of the Westerly abutment of the Boca Chica Viaduct and the centerline of U.S. Hwy #1 go South 81117'00" West along the centerline of U.S. Hwy 41 a distance of 3,714.28 feet to a point; thence North 10°00'00" East a distance of 211.17 feet to a point in the Northerly R/W line of U.S. Hwy #l, which point is the point of beginning; thence continue North 10°00"00" East a distance of 645 feet, more or less, to a point in the Southerly shoreline of Raccoon Key, thence Easterly along the meanders of said Southerly shoreline a distance of 120 feet, more or less, to a point; thence South 10000'00" West a distance of 620 feet; more or less, to a point in the Northerly R/W line of U.S. llwy #1; thence South 81"1 T00" West along said Northerly R/W line a distance of 105.58 feet back to the Point of Beginning, as recorded in Official Records Book 130 at Pages 71-73 of :Monroe County, Florida, containing 0.75 acres, more or less. LESS and excepting therefrom that portion of the above -described parcel deeded to Monroe County, Florida for Road Purposes, as shown in Official Records Book 130, at Pages 71-73 of Monroe County, Florida. A parcel of submerged land lying Southwesterly of and adjacent to part of KEY HAVEN' FIFTH ADDITION as recorded in Plat Book 5, at Page 10, Monroe County Official Records, more particularly described as follows: Begin at the Southerly corner of Lot 1, Block I, KEY HAVEN SEVENTH ADDITION, as recorded in Plat Book 5, at Page 53, Monroe County Official Records; thence North 29129' 10" East along the Southeasterly line of said Lot 1, Block 1 a distance of 125 feet to a point in the Southwesterly line of Key Haven Road according to said KEY HAVEN FIFTH ADDITION thence South 60°30'50" East along said Southwesterly line of Key Haven Road a distance of 295 feet to a point of curve of a curve concave to the North having a radius of 222.34 feet and a central angle of 45°11'20"; thence Southeasterly along said curve a distance of 145 feet; more or less, to a point of intersection with the Southeasterly line of a parcel of land described in I.I. Deed 022482; thence South 50' 13'40" West along the Southeasterly line of said parcel a distance of 198 feet, more or less, to the Southerly corner of said parcel; thence North 57°13'00" West along the Southwesterly line of said parcel a distance of 370 feet back to the Point of Beginning; containing 0.86 acres, more or less. A parcel of submerged land lying Southerly of and adjacent to part of Government Lot 1, Section 26, Township 67 South, Range 25 East, Raccoon Key. Monroe County, Florida, DacM 1586448 Blot 2215 pgp 1176 more particularly described as follows: From the intersection of the Westerly abutment of the Boca Chica Viaduct and the centerline of U.S. Hwy #1, go South 81°1700" West along the centerline of U.S. Hwy 41, a distance of 3,308.70 feet to a point; thence North 10'00'00" East a distance of 211.17 to a point in the Northerly R/W line of U.S. Hwy #1 which point is the point of beginning; thence continue North 10°00'00" East a distance of 650 feet, more or less, to a point in the Southerly shoreline of Raccoon Key; thence westerly along the meanders of said Southerly shoreline a distance of 310 feet, more or less, to a point; thence South 10`00'00" West a distance of 620 feet, more or less, to a point in the Northerly R/W line of U.S. Hwy #1; thence North 81°17'00" East along the Northerly R/W line of U.S. Hwy #1 a distance of 300 feet back to the Point of Beginning. Containing 4.2 acres, more or less. A parcel of land on Raccoon Key, Monroe County, Florida, being part of Government Lot 2, Section 26, Township 67 South, Range 25 East, more particularly described as follows: Begin at the intersection of the Southwesterly line of Key Haven Boulevard, and the Southeasterly line of Allamanda Ave. (extended), according to the Plat of Key Haven as recorded in Plat Book 4 at Page 46, Monroe County Official Records; thence South 39°46'20" East along the Southwesterly line of Key Haven Boulevard a distance of 94.47 feet to a point of curve of a curve concave to the West, having a radius of 213.27 feet and a central angle of 45'32'10" thence Southerly along said curve a distance of 169.50 feet to a point of tangent; thence South 05°45'50" West along the Westerly line of Key Haven Boulevard, a distance of 266 feet, more or less, to a point in the shoreline of Raccoon Key; thence westerly and Northerly along the meanders of the shoreline of Raccoon Key a distance of 550 feet, more or less, to a point in the Southeasterly line of Allamanda Ave. according to KEY HAVEN SECOND ADDITION, as recorded in Plat Book 4 at Page 93, Monroe County Official Records; thence North 50°13'40" East along the Southeasterly line of said Allamanda Ave. a distance of 55 feet, more or less, back to the point of beginning. Containing 1.43 acres, more or less. A parcel of land on Raccoon Key, Monroe County, Florida, being a part of Government Lot 2, Section 26, Township 67 South, Range 25 Fast, more particularly described as follows: From the intersection of the Westerly abutment of the Boca Chica Viaduct and the centerline of U.S. Highway #1, go South 8l '17'00" West along the centerline of U.S. Hwy #1 a distance of 3,308.70 feet to a point; thence North 10°00'00 East a distance of 861.17 feet to a point which point is the point of beginning; thence North 63'57'00" East a distance of 488 feet to a point; thence North 01°35'00" West a distance of 188.6 feet to a point; thence South 77°00'00" West a distance of 145 feet, more or less to a point in the Southeasterly line of KEY HAVEN FOURTH ADDITION as recorded in Plat Book 4 at Page 152, Monroe County Official Records; thence South 50°13'40" West along the Southeasterly line of said KEY HAVEN FOURTH ADDITION a distance of 315 feet, more or less, to a point in the Southerly line of said KEY HAVEN FOURTH ADDITION; thence South 81'50'07" West along the Southerly line of said KEY HAVEN FOURTH ADDITION a distance of 140.90 feet to a point in the Southwesterly line of said KEY HAVEN FOURTH ADDITION; thence North 39°46'20" West along the Southwesterly line of said KEY HAVEN FOURTH ADDITION a distance of 20 feet to a point in the Southeasterly line of Key Haven Terrace according to said KEY HAVEN FOURTH ADDITION; thence South 50'13'40" West along the Southeasterly line of said Key Haven Terrace a distance of 60 feet to a point of curve of a curve concave to the North, having a radius of 169.32 feet and a central angle of 45°32'10" thence Westerly along said curve a distance of 114.57 feet to a point; thence South 43°47'40" East a distance of 200 feet, more or less, to a point in the Southerly shoreline of Raccoon Key; thence Easterly along the meanders of said Southerly shoreline a distance of 140 feet, more or less, back to the point of beginning. Containing 2.3 acres, more or less. LESS AND EXCEPT ANY PROPERTY AND LANDS HERETOFORE PREVIOUSLY CONVEYED. MORROE COUNTY OFFICIAL RECORDS Prepared by and retarn to: 500fFLaaNGSM. TREET KEY NEST, FL 33040 D"a 1S664S2 06/09/2005 3.344M Filed & Recorded in Official Retxrda of MWOE COWM DOW L. KOLhWA 0616212 " 3:341n $0,78 mme 00C STOW a: Pu Parcel ID Number: UWA 15W52 BKq 2238 '� L194 Quitclaim Deed This QuitclahnDmil, Made this 30th dayof May , 2006 A.D.. Between XZY HAVEN ESTATES, Ltd., formerly known as LUJAN LIMITED PARTNERSHIP, a Florida limited partnership of the County of Monroe , stale or Florida , grantor, and KEY HAVEN ESTATES, LLC, a Florida limited liability Company whose addesx is: 201 Front Street, Key West, FL 33040 of the County of Monroe , Slate or Florida , grantee. WitneSSeth that the GRANTOR, for and in wnsidcmlionofthe sum of ------------------------TEN DOLLARS ($10)----------------------- DOLLARS, and other good and valuable wusidetatior to GRANTOR in hand paid by GRAT"lt'li, the receipt whereof is hereby acknowledged, has granted, bargained and quitclaimed to the said GRANTEE and GRANTEE'S heirs, successors and assigns forever, the fallowing described land, situate, lying and being in the County of MONROE Stale of Florida to it; SEE F"IBIT RAN ATTACHED HERXTO AND MADE A PART HEREOF. To Have and to Hold tilt name together with all acid singular the appurtenances theicuato belonging or in anywise appetlarnmg, and all die estate, right, tide, interest, lien, equity and Haim whatsoever of gmnaor, either in law or equity, for the use, benefit and profit of rile said granitic forever. In Witness Whereof,the grantor has hereumo set its hand and seal the day and year first above written. Signed, sealed and delivered in our presence: KEY HAVEN ESTATES, Ltd., formerly known as LUJAN LIMITED PARTNERSHIP, t Ltd., Florida limited partnership ..._. By: r^ (Seal) Tinted ER! - HUGHES SiftTy JAN PPINo Witness General Parper P.O. Address: 1104 TYuman Avenue. Key West. FL 33040 Printed Witness MARY E. TURSO STATE OF Florida COUNTY OF Monroe 'The lixegoing instrument was acknowledged before me this 30th day of May , 2006 by BETTY LUJAN TOPPINO, General Partner on behalf of KEY HAVEN ESTATES, Ltd., formerly known as LUJAN LIMITED PARTNERSHIP, a Limited Florida Partnership the is personally known kt r or she has produced her Florida driver t s license as aemifkation. Mary F. Turso maAAA Ctlmmlasion i DD390273 Printed N e a MARE E. TURSO 4?ter. Expires March 30, 2009 Notary o ...erne,ttin-atana,s.tn; satwesn,e My Commission Expires: xzr nllvioi a8TAz teen Geneortd by DeDtay tivMro. Im. NteS 1363)763.5355 N—rt, not DwO 1986452 bko 2215 P98 1195 EXHIBIT "A" Lots 3-8,11-24, and adjacent roads and canals, KEY HAVEN NINTH ADDITION, according to the plat thereof as recorded in Plat Book 5, Page 113, of the Public Records of Monroe County, Florida. DZLF Lots 20-23 and the Southwesterly 40.49 feet of Lot 19, KEY HAVEN FOURTH ADDITION, according to the plat thereof as recorded in Plat Book 4, Page 152. AND ALL of the uplands, ENCHANTED ISLANDS, according to the plat thereof as recorded in Plat Book 6, Page 89, of the Public Records of Monroe County, Florida. AND Being a part of Section 25, Township 67 South, Range 25 East, in Monroe County, Florida and more particularly described as follows: COMMENCING at the West end of the Boca Chica Viaduct, S.R.D. station 129 plus 66.17 run Southwesterly along the centerline of State highway No. 5 for a distance of 1200 feet to a point; thence at right angles in a Northwesterly direction for a distance of 200 feet to the Point of Beginning of the property hereinafter described, said Point of Beginning also being on the Northwesterly right of way line of State Road No. 5, from said Point of Beginning, continue Northwesterly and at right angles to said right of way for a distance of 1350 feet to a point; thence at right angles and in a Southwesterly direction for a distance of 1100 feet to a point; thence at right angles and in a Southeasterly direction for a distance of 1350 feet to the aforementioned right of way; thence at right angles and in a Northeasterly direction along said Northwesterly right of way 1100 feet back to the Point of Beginning. Being a part of Section 25, Township 67 South, Range 25 East, in Monroe County, Florida, and more particularly described as follows: COMMENCING at the West end of the Boca Chica Viaduct, S.R.D. station 129 plus 66.17 run Southwesterly along the centerline of State highway No. 5 for a distance of 2300.00 feet to a point; thence at a right angle for a distance of 200.00 feet to the Northwesterly right of way line of U.S. Highway No. l and the Point of Beginning; thence South 80 degrees 51' 47" West a distance of 1434.21 feet; thence North 30 degrees 1 1' 33" West a distance of 753.27 feet; thence North 40 degrees 11' 33" West a distance of 4.83 feet; thence North 49 degrees 48' 27" East a distance of 600.00 feet; thence South Dean %U052 Skp 2215 Pap 1196 40 degrees 11' 33" East a distance of 97.47 feet to a point on a curve to the right having a radius of 213.27 feet, a central angle of 32 degrees 28' 06", a tangent length of 62.10 feet, a chord bearing South 23 degrees 57' 31 " East, and a chord length of 119.24 feet; thence along the arc of said curve, an are length of 120.86 feet to a point on a curve to the right, having a radius of 25.00 feet, a central angle of 26 degrees 06' 27", a tangent length of 5.80 feet, a chord bearing of South 56 degrees 27' 29" East, and a chord length of 11.29 feet; thence along the arc of said curve, an arc length of 11.39 feet to the point of reverse curvature of a curve to the left having a radius of 50.00 feet; a central angle of 41 degrees 15' 08", a tangent length of 18.82 feet, a chord bearing of South 64 degrees 01' 50" East, and a chord Tenth of 35.23 feet; thence along the arc of said curve, an are length of 36.00 feet; thence South 84 degrees 39' 23" East a distance of 90.03 feet to a point on a curve to the left, having a radius of 169.32 feet, a central angle of 45 degrees 32' 10", a tangent lenth of 71.06 feet, a chord bearing of South 72 degrees 34' 32" West, and a chord length of 131.03 feet; thence along the arc of said curve, an arc length of 134.57 feet; thene North 49 degrees 48, 27" East a distance of 400.51 feet; thence South 40 dgrees 11' 33" East a distance of 100.07 feet; thence North 49 degrees 46' 10" East a distance of 99.51 feet; thence North 76 degrees 34' 47" East a distance of 145.00 feet; thence South 02 degrees 00' 13" East a distance of 93.70 feet; thence North 80 degrees 51' 47" East a distance of 237.81 feet; thence South 09 degrees 08' 13" East a distance of 856.07 feet back to the Point of Beginning. SHORELINE: Being a part of Section 25, Township 67 South, Range 25 East, in Monroe County, Florida and more particularly described as follows: COMMENCING at the West end of the Boca Chica Viaduct, S.R.D. station 129 plus 66.17 run Southwesterly along the centerline of State highway No. 5 for a distance of 3889.36 feet to the centerline of Kay Haven Boulevard; thence North 30 degrees 11' 33" West a distance of 426.82 feet; thence South 80 degrees 51' 01" West a distance of 269.61 to the shoreline and Point of Beginning; thence North 05 degrees 23' 21" West a distance of 6.29 feet; thence North 08 degrees 02' 45" West, a distance of 6.34 feet; thence North 17 degrees 29' 46" West, a distance of 21.93 feet; thence North 19 degrees 46' 37" West, a distance of 33.99 feet; thence North 13 dcgrces 37' 11 " West, a distance of 35.36 feet; thence North 08 degrees 14' 13" West, a distance of 11.57 feet; thence North 03 degrees 35' 59" West, a distance of 15.44 feet, thence North 02 degrees 48' 23" West, a distance of 33.25 feet; thence North 02 degrees 11' 24" West, a distance of 13.05 feet; thence North 02 degrees 17' 15" West, a distance of 10.13 feet; thence North 08 degrees 44' 00" West, a distance of 16.11 feet; thence North 17 degrees 18' 13" West, a distance of 38.38 feet; thence North 23 degrees 03' 47" West, a distance of 26.96 feet; thence North 21 degrees 50' 03" West, a distance of 20.22 feet; thence North 14 degrees 34' 40" West, a distance of 20.05 feet; thence North 15 degrees 47' 05" West, a distance of 13.39 feet; thence North 20 degrees 00' 14" West, a distance of 16.89 feet; thence North 20 degrees 17' 04" West, a distance of 19.37 feet; thence North 20 degrees 32' 20" West, a distance of 15.40 feet; thence North 20 degrees 38' 28" West, a distance of 34.75 feet; thence North 17 degrees 20' 58" West, a distance of 28.39 feet; thence North 19 Docq 15884S2 $kp 2215 Paq 1197 degrees 35' 20" West, a distance of 15.85 feet; thence North 50 degrees 11' 42" West, a distance of4.33 feet; thence North 58 degrees 17' 30" West, a distance of 12.48 feet; thence North 28 degrees 59' 35" West, a distance of 16.73 feet; thence North 28 degrees 2735" West, a distance of 14.59 feet; thence North 47 degrees 27' 45" West, a distance of 12.05 feet; thence North 45 degrees 42' 29" West, a distance of 11.50 feet; thence North 27 degrees 52' 17" West, a distance of 15.10 feet; thence North 26 degrees 01' 34" West, a distance of 16.95 feet; thence North 36 degrees 17' 24" West, a distance of 17.07 feet; thence North 52 degrees 43' 22" West, a distance of 2.93 feet; thence North 72 degrees 28' 37" West, a distance of 1.69 feet; thence North 72 degrees 02' 0 1 " West, a distance of 3.17 feet; thence North 58 degrees 10' 37" West, a distance of 12.55 feet; thence North 56 degrees 56' 22" West, a distance of 13.71 feet; thence North 82 degrees 52' 23" West, a distance of 15.63 feet; thence North 63 degrees 35' 17" West, a distance of 20.94 feet; thence North 64 degrees 26' 46" West, a distance of 20.42 feet; thence North 65 degrees 36' 29" West, a distance of 18.48 feet; thence North 73 degrees 13' 31" West, a distance of 12.57 feet; thence North 75 degrees 5 P 03" West, a distance of 21.92 feet; thence North 66 degrees 18' 26" West, a distance of 17.21 feet; thence North 56 degrees 56' 38" West, a distance of 20.87 feet; thence North 44 degrees 04' 51" West, a distance of 11.34 feet; thence North 16 degrees 08' 14" West, a distance of 11.32 feet; thence North 33 degrees 28' 13" West, a distance of 14.03 feet; thence North 67 degrees 24' 28" West, a distance of 14.84 feet; thence North 68 degrees 19 32" West, a distance of 18.32 feet; thence North 58 degrees 17' 14" West, a distance of 17.70 feet; thence North 57 degrees 58' 07" West, a distance of 19.44 feet; thence North 67 degrees 06' 05" West, a distance of 24.36 feet; thence North 74 degrees 22' 16" West, a distance of 24.57 feet; thence North 74 degrees 25' 44" West, a distance of 26.11 feet; thence North 67 degrees 30' 56" West, a distance of 26.27 feet; thence North 57 degrees 18' 38" West, a distance of 69.99 feet; thence North 51 degrees 38' O1" West, a distance of 107.25 feet; thence North 49 degrees 09' 27" West, a distance of 16.49 feet; thence North 48 degrees 49' 45" West, a distance of 44.44 feet; thence North 46 degrees 13' 30" West, a distance of 63.33 feet; thence North 40 degrees 57' 01" West, a distance of 85.33 feet to the Point of Terminus. LESS EXCEPT: From the intersection of the centerline of U.S. Highway No. 1 and the Westerly abutment of the Boca Chica Viaduct go South 80 degrees 5 F 47" West along the centerline of U.S. Highway No. 1 a distance of 3710.25 feet; thence North 09 degrees 34' 47" East a distance of 211.17 feet to a point in the Northerly right of way line of U.S. Highway No. 1; thence continue North 09 degrees 34' 47" East a distance of 492.16 feet; thence North 05 degrees 20' 37" East a distance of 292.56 feet; thence North 85 degrees 32' 59" East a distance of 50.60 feet to the Point of Beginning; thence South 85 degrees 32' 55" East a distance of 27.79 feet; thence South 43 degrees 46' 24" West a distance of 44.48 feet; thence North 05 degrees 20' 37" East a distance of 25.81 feet to a point on a curve with a radius of 263.27 feet and a central angle of 01 degree 52' 24"; thence Northwesterly along said curve a distance of 8.61 feet back to the Point of Beginning. MOMM OLNM OFFICIAL eOM FILE #1190900 MONROE COUNTY BK#1 6 4 4 PG#2 1 7 0 OFFICIAL RECORDS RCD Jul 21 DANNY 2000 04:22PM This fora prepared by and return to L KOLHAGE, CLERK Narci L. Rose, Esq. 818 White Street Keq West, Florida 33040 R.E. Parcel No.: 00123200-000000 DEED DOC 5TAtjf,Srl 665.00 07/21/2000 E�}'� DEP CLK QUITCLAIM DEED This Document was prepared without benefit of Title Search or Abstract Examination and is Lased solely an the tads provided by either of ttie parties or their agents. THIS QUITCLAIM DEED, executed this_day of A.D.2000, by BETTY L. LUJAN, a married woman, GRANTOR, to THE LUJAN'LIMITED PARTNERSHIP, LTD., A FLORIDA LIMITED PARTNERSHIP, GRANTEE, whose address is 1104 Truman Avenue, Key West, Florida 33040; (Wherever used herein, the terms "Grantor" and "Grantee" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) WITNESSETH, That the said Grantor, for and in consideration of the sum of Ten Dollars ($10.00), in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release and quit -claim unto the said Grantee forever, all the right, title, interest, claim and demand which the said Grantor has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Monroe, State of Florida, to - wit: See Attached Ex. TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said Grantor, either in law or equity, to the only proper use, benefit and behoof of the said Grantee forever. SAID PROPERTY is not the homestead of the Grantor(s) under the laws and constitution of the State of Florida in that neither the Grantor(s) or any members of the household of Grantor(s) reside thereon. IN WITNESS WHEREOF, The said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: I_/4� z-- witness �E,CESE �i• VC�Rd���s'IK Witness Printed Name witnes C—Q.129BE� �MTaA/Elt Witness Printed Name STATE OF FLORIDA COUNTY OF MONROE BEFORE NE, the undersigned authority, this day perapnally appeared BETTY L. LUJAN, to me well known, or identified by //L.tdrirra /emu �30%4n `jai , acknowledged the due execution o he foregai uitcla gg Qim Deed. WITNESS my hand and of, this day of J , 2000 . l�l��',•.,�.1..... DF4C pt cf S Notary Public * ••• k Printed Name �AF�L!'Nul„ a7-YQ,pR.t. �.e 11 ��oai My Commission Expires: C:\CLIENT\LUJAN\123200.QC,�96�q,,,;,,�,� I Wes., -y DEED arrantp eeb 854Pr, 1:1116 Zhi8 �ubenhzrp, Made. rhir 20th 'day of May 4. D. 1982 pttttttttt I= HAVEN ASSOCIATED ENITWRISES, L`1C. , a corpomtwa arvtij{ under the laws of the Stag of Florida . ha►ing is prinui wl place of k&Ldnat in the Gwsry of Monroe and State of Florida and law fully autlwr ied ro tra►w a banner in die Stan of Ronda. party of the fiat part, and AWHUR B. LLIJAN and BL7TY L. Lt17A.v, his wife 1623 Atlantic Boulevard Key West, Florida of the Gunly of Monroe and Stale of Florida parties of Me mwad part Vitntsetth: Y1r4r Ik paid party of tkAM pw,t. for and m cmaderatiorr .of the tum of Ten ($10.00) Dollars, and other good and valuable considerations, to N in hand paid by the mid pardesf the second pan. ►hr reaipr woof it hmby aukaowradged hat 8mnrad, bargan wd and told ro the lair/ parriesf the ncaerd pan. tbeidww and awgm ft na the P&Airtg daiatW land stuatt, lying and k-W nr the Guruy of Monroe and State of J:br* I&** Schedule of legal description is attached hereto and made a part hereof. Subject to conditions, restrictions and limitations of record, if any, and taxes for the year 1982 and subsequent years. o% od DS Paid SODate t N A-� T MONROE C nlj;-1TY b RAL WHII`E, CLEtti(O r2. CT., G- v sa . 1611 'wid pally of Me fine pan dal herrby /ally ranant the Irtlr to tad land and well defend At •'totne�gair;ltf%c Joiiful daunt of all pr>lora w/mnvaHcr - •� �� �tt �litttess �hereaf, thrtaid perryof rhr fiat parr luu cauud rhea pnae e a k tigtead in xt Haar by SraJ) ra p ofer ollim and in corpnverrd to k of artd ma „ ed by rli :w,,*rhe wnetrerr AaOt .• ,•• BMW ILM nary 1MY ORIIc. a be ereb in prestner of us:1 Mr -- -- - - — nt 1716 hijim u rtl parrd by: Xaad X cQ:u"e TAYLOR, BRION, BUKER b GREENE 1451 BRICKELL AVENUE ►NIAA% FLORIDA 33131 -j, b.54YJ1:317 �$tnte of XIoriba, Comty of N4c hi- e ry 3 Perebg fQertifg //rat on thti 20th day o/ May A. D 19 82 , lrfore err p menially appratrd ARTAM S. :. MXN and HE rrIf L. L K4, 1'brsident and SAcmary rrtprttiwrly of ICY MEN AS90CIATM ENZE PRISES, INC. . a rarporntion under the kw of the State o/ Floridato my Thrown to be the pawns **o signed tAlr fm going imlmmut ar loth of%Kar and selrra!/y atrhtowded,-vd dw etecutson thereat to br thew Ira art and dad m jwh offrm for dK uses and purposes Aerms owtaw►wd and drat Aty a//txed thereto Me o#jcwi lea/ of raid eorpas- tt w. and Mat Me said itaftuurnt n tlr rmi and lord o/ and eorpnratima Oitnes4 niy ri�natutr and o/fKral stal of /�i ., !J� sf ; 1n //K emtnty of if h-h 6 L, and State of Florida Me day and yar /art oforrtwid .� My tmrtntutimt ex �•-• - r ,A1cr P..iu C siaiE in�� A. lJ1Ri;i MI CtkA.•"IS51GW 1 JUS JAt4 Id IPS5 nIW Gt tLAL Ir4. Nt4UWR1iUS l`%dary s'mJ& SIA N O C' JACK M. PHILLIPS VWW ..InvL LAX& ArOT..ue FLORIDA CEATIP.CATE NO. 1410 JOE M. TRICE /rorE.Nu•.1. I.A r. .rr Vnw FLORIDA C.AT/PICATE NO. 2110 PHILLIPS & TRICE SURVEYING, INC. Professional Land Survevors 1204 Simonton Street Kev West, Florida 33040 RE: TAYLOR. BRION, BUKER & GREENE LETTER DATED NOVEMBER 11, 1981, 1.-(B)-(I) Phone: Area Code 303 294-474i DESCRIPTION(: A PARCEL OF LAND KNOWN AS KEY HAVEN - NINTH ADDITION A SUBDIVISION OF SUBMERGED LANDS SOUTHWESTERLY OF KEY HAVEN - SECOND ADDITION IN SECTION 26, TOWNSHIP 67 SOUTH, RANGE 25 EAST, .IONROE COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 5 AT PAGE 113 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY LINE OF U.S. CHIGHWAY NO. I AND THE WESTERLY RIGHT-OF-WAY LINE OF KEY HAVEN ROAD AS SHOWN ON THE FORESAID PLAT, BEAR NORTH 29" 46' 20" WEST AND ALONG THE FORESAID WESTERLY RIGHT-OF-WAY LINE OF KEY HAVEN ROAD FOR A DISTANCE OF 702.65 FEET TO A POINT; THENCE NORTH 39" 46' 20" WEST •ALONG THE FORESAID WESTERLY RIGHT-OF-WAY LINE OF KEY HAVEN ROAD FOR A DISTANCE OF 801.40 FEET TO A POINT; THENCE WORTH 49D 42' 20" WEST ALONG THE FORESAID WESTERLY RIGHT-OF-WAY LINE OF KEY HAVEN ROAD FOR A DISTANCE OF 218.99 FEET MORE OR LESS TO A POINT DESCRIBED IN OFFICIAL RECORD BOOK 277 PAGES 515 AND 516,' THENCE SOUTH 26" 00' 00" WEST ALONG THE SOUTHERLY BOUNDARY LINE OF THE FORESAID PARCEL OF LAND 291.99 FEET MORE OR LESS TO A POINT OF INTERSECTION WITH THE SOUTHWESTERLY LINE OF SUBMERGED LAND DESCRIBED IN I.I. DEED 22077; THENCE SOUTH 56" 57' 25" EAST FOR A DISTANCE OF 831.41 FEET TO A POINT; THENCE SOUTH 16° 13' 00" EAST FOR A DISTANCE OF 720.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY N0. 1; THENCE NORTH 81" 17' 00" EAST ALONG THE FORESAID NORTHERLY RIGHT-OF- WAY LINE FOR A DISTANCE OF 261.63 FEET BACK TO THE POINT OF BEGINNING. DECEMBER 8, 1981 KEY WEST, FLORIDA MEII.EN. FLORIDA SOCIETT O/ PMOPE..IOMAL LAND {IIAVETOA. AND ANEAICAN CONGA... OF SUMVETIN. AND MAPPING LI « 854 13013 PHILLIPS & TRICE SURVEYING, INC. NICK M. PHILLIPS Professional Land Surveyors yLODID. C.DTIFICAT. NO. 1410 1204 Simonton Street Jot M. TRICE Key West. Florida 1'.III...1.�..1. I.•.1..1'..ITOD /►OII/D. C.RTI.IC.T{ NO. =110 33040 RE: TAYLOR, BRION, BUKER & GREENE LETTER DATED NOVEMBER 11, 1981, 1.-(B)-(II) Phone: Area Code 305 294-4747 DESCRIPTION: A PARCEL OF LAND LOCATED IN GOVERNMENT LOT 1, SECTION 26, TOWNSHIP 67 SOUTH, RANGE 25 EAST, RACCOON KEY, MONROE COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE INTERSECTION OF THE WEST ABUTMENT OF THE BOCA CHICA VIADUCT AND THE CENTERLINE OF U.S. HIGHWAY N0. 1 GO SOUTH 81" 17' 00" WEST A DISTANCE OF 3714.28 FEET TO A POINT; THENCE NORTH 10" 00' 00" EAST A DISTANCE OF 969.10 FEET TO A POINT; THENCE NORTH 46" 12' 20" EAST A DISTANCE OF 422.74 FEET TO A POINT; THENCE NORTH 39" 46' 200 WEST A DISTANCE OF 1230.75 FEET TO A POINT WHICH POINT IS HEREINAFTER REFERRED TO AS POINT A (POINT A IS FURTHER DESCRIBED AS LOCATED NORTH 50" 13' 40" EAST OF THE WEST CORNER OF LOT 14 ACCORDING ` TO THE PLAT OF KEY HAVEN RECORDED 1N PLAT BOOK 4, AT PAGE 46 OF (IONROE COUNTY OFFICIAL RECORDS) AND IS THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE NORTH 60" 30'-50" WEST A DISTANCE OF 1765 Y FEET TO A POINT WHICH POINT IS HEREINAFTER REFERRED TO AS POINT B; THENCE NORTH 29" 29' 10" EAST A DISTANCE OF 890 FEET, MORE OR LESS, TO A POINT IN THE NORTHEASTERLY SHORELINE OF RACCOON KEY; THENCE SOUTHEASTERLY ALONG THE MEANDERS OF THE SAID SHORELINE A DISTANCE OF 1845 FEET, MORE OR LESS, TO A POINT OF INTERSECTION WITH A LINE BEARING NORTH 29" 29' 10~ EAST AND DRAWN THROUGH THE AFOREMENTIONED POINT A; THENCE SOUTH 29" 29' 10" WEST A DISTANCE OF 469 FEET, MORE OR LESS, BACK TO THE POINT OF BEGINNING. EXCEPT: BEGIN AT THE ABOVE MENTIONED POINT A; THENCE NORTH 29" 29' 10" EAST A DISTANCE OF 338.83 FEET TO A POINT IN THE NORTHWESTERLY BANK OF A PROPOSED CANAL; THENCE SOUTH 50" 13' 40" WEST ALONG THE SAID NORTH- WESTERLY BANK OF A PROPOSED CANAL A DISTANCE OF 362.31 FEET TO A POINT; THENCE SOUTH 60" 30' 50" EAST A DISTANCE OF 128.31 FEET BACK TO THE POINT OF BEGINNING. SHEET ONE OF TWO Mfl/.t.. /LOMIO. SOCIC'TT OF hOI[.f/ONAL LAND SYDV.TO.D .NO AN..IC.N CONGD... Of SO.VCTING AND NAPPING C ktc 854Pcl3r0 LESS AND EXCEPT; KEY HAVEN - SIXTH ADDITION A SUBDIVISION OF PART OF GOVERNMENT LOTS 1 9 2, SECTION 26, TOWNSHIP 67 SOUTH, RANGE 25 EAST, AND ADJACENT SUBMERGED LANDS RACCOON KEY, MONROE COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK S AT PAGE 18 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. DECEMBER 8, 1981 KEY WEST, FLORIDA SHEET TWO OF TWO JACK M. PHILLIP& ►INNRAO.nX&L LAYS .nRW,T/N PLO"*& ClR.1IICATf MO. 1410 JOE M. TRICE •►0►86.10MAL LAX" OVOWN900 ILORIea G.OTVICATR Ms. 2110 k(c 854PG131?i PHILLIPS & TRICE SURVEYING, INC. Professional Land Surveyors 1204 Simonton Street Phone: Area Code 305 Key West. Florida 294-4747 33040 RE: TAYLOR, BRION, BUKER & GREENE LETTER DATED NOVEMBER 11, 1981, 1. 40 - i I I I ) DESCRIPTION: A PARCEL OF LAND KNOWN AS KEY HAVEN - SIXTH ADDITION A SUBDIVISION OF PART OF GOVERNMENT LOTS 1 AND 2, SECTION 26, TOWNSHIP 67 SOUTH, RANGE 25 EAST AND ADJACENT SUBMERGED LANDS RACCOON KEY, 14ONROE COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK f 4 AT PAGE 152 OF THE PUBLIC RECORDS OF M ONROE COUNTY, FLORIDA. DECEMBER 8, 1981 KEY NEST, FLORIDA M,MO.R. ILORIOA SOCICTT OF /RO,.fAIOMAL LAND SURV.TORO AND AY.RICAM CO.ICR.O. O► f{/RV,TIMR AMO MA,OI.IO JACK M. ►HILLIPS •M.►O—M.s AL LAO• OVOVAHA rkom" caInes"Ts Me. 1410 JO[ M. TRICE •O.Nsft N..TAL L4X" %UOI'OTOf rLOOIOA CCOTIrICATZ NO. =110 854Pc1:122 PHILLIPS & TRICE SURVEYING, INC. Professional Land Surveyors 1204 Simonton Street Key West. Florida 33040 Phone: Area Code 305 294-4747 RE: TAYLOR, BRION, BUKER & GREENE LETTER DATED NOVEMBER 11, 1981, 1.-(B)-(IV) DESCRIPTION: A PARCEL OF LAND KNOWN AS LOT 15, KEY HAVEN - FOURTH ADDITION A SUBDIVISION OF PART OF GOVERNMENT LOT 2, SECTION 26, TOWNSHIP 67 SOUTH, RANGE 25 EAST AND ADJOINING SUBMERGED LANDS, RACCOON KEY, MONROE COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 4 AT PAGE 152 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. R[E.00t• MI GTIt1Al R(O..O! ROOK fti •AW M• tO.�M. Raw&& R man 0084ILD Wi DECEMBER 8, 1981 aw umo coal KEY WEST, FLORIDA 141INS"O rLOOIOA {OCICfT Or IOOrOAOIOIIAL LAMB {WWCTOOO AOO AII.OICAO C0I1011601 Or 9WW9TIMA AND IOA►►II/O • „ .. - HONROa COUNTY rILE # 1 1 9 0 8 9 7 OFFICIAL RECORDS M 1 6 4 4 PG# 2 1 6 4 RCD Jul 21 2000 04s20PH sbia foes pattered by and :stare to DUNY L ROLHAGE, CLERIC Karol L. Rase, isq. M White Street t/ Wto�Meet, Florida 33040 USED DOC 8T 622.30 lt.a. Pastel Ms.s 001]3100-000000 07/21/200A , DBP CL[ QUITCId1Ilf OM 2weiMj;w. i1w�lw.tte#s�' #ts.rj;6h"rAw Bw.Nws u.w..fw 'lilt QOIVOL M i , executed this ,,_day of &.0.2000, by 83M L. LDJAI, a sasriod woman, OURS'=, to TM LQJA LLWITSO FARTXJM=xP, LTD., A nO=DA LIXITED PRIMMUIP, GM*=, whose address is 1104 Truman Avenue, Rey West. Florida 33040z (Mhershs used herein, tbs teems 'Grantor' and *grant*** shell include singular and plural, heire, legal representatives, and assigns of individuals, and the sucoefebre and "signs of corporations, wherever the contest eo admits or requires.) Wl. That the said Grantor, for and in consideration of the an of Tea Dollars ($10.00), in hand paid by the said Grantee, the receipt whereof is bessby acknowledged, does hereby remiss, release and quit -claim unto the said Grantee forover, all the right, title, interest, claim and demand which the said Grantor has in and to the following described lot, piece or parcel of land, @its&", lying and being in the County of Mouroe, state of Florida, to - wits see attach" as. =0 lava AM 29 XMA the sams together with all and singular the appurtenance@ tbereunto belonging oc in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said Grantor, either in law or equity, to the only proper use, benefit and bsboof of the said Grantee forever. Sall MGM=f is not the bonnets" of the Grantor(s) under the laws and constitution of the State of Florida in that neither the Grantors) or any webers of the household of Grantce(s) reside thereon. IN WIl31Sls Ma =W, The said Grantor has signed and sealed these . presents the day and year first above written. signed, sealed and delivered in the presence of: f • Witness L. witness stinted itSasses witriess Witness Printed Same sun of FLORIDA OOfArI! or MO� DIrORS MR, the undersigned authority. this day s Fly-3pperrod 92TW I. L. LDJAI. to se wall known, or identified by ti,,a�•• �W �*ti , acknowledged the due execution of the forego Quitclaim MI2W13s my band and official seal this day of y /dyT, 2000. A .• _ A sozasy runiic � anted Mae. L�.a><l�t a * fed ���* Commlesion Sspirea n /ek ��„ Cs\CLIINT\LOJAI\l2310.QC r �F I ILB 81 1 9 0 8 9 BKi 16 4 4 PG#:2 o 5 ZX=rr "As RE: 00MI00 00AOM Subject #24 A parcel of land on Raccoon Keg. Mourm County. Florida, be ft Put of Govanment Lot 2, Section 26, Township 67 So^ Range 23 East, utd more particurluiy desuibe I as "uww From the mtasatioo of due easterly lino of Ray H"m Boulevard aoeordsg to the Plat of KEY RAVEN as recorded in Phi Book 4 at Page 461 and the soudwa y line of Kry Haven Tamm aacordmg to the Plat of KEY HAVEN FOMTH ADDITION. as mcocdad in Plat Book 4 at Page IA go south along the soutbaty tine of said Kay Haves Tame W l4' 10• East a distaooe of 20 feet to a point which point is the point ofbegaamimg dwace condom Sarah 94' 14' 10" East dong the soudwsly fine of said Key Haves Tanm a destaoce of 57.21 feet to a paint of awe of a awe: concave to the Nartb. luv* a radars of 169.32 Suet and a antral an& of 45• 3710% thence nordrcsstedy aloe` said *rave a drataooe of 2O fed to a point thwos South 43' 4 , 40TAM a &tvac a of 200 fed. moos or Im to a point in the mudmiy dwrelioe of Raowm Key; thence Westedy along said ahorerm a durance of 220 feat, aaore or less, to a point is the mmly lien of said Key Haven Bmk- attk thence: North 05 43' 5W Fast sfosg the eadaiy line of Key Havre Boulevard. a drstattoe of 150 feet to a point: *mm North 5V 13' W East a t1immuce of 40 Sect bade to the point of begiarirt. CaamWm 0.6 antsmorn or h m NOt1ROE COUNTY orpre2AL R$CO1tD8 orraturtvt»wrnezt a.ta PILE #:L :L 43 Ex# 1 6 4 4 PG# 2 1 6 6 " MOMROE COUNTY orrICIAL RECORDS RCD JU1 21 1 280A 04, 2IPlf t Tbis fora prepared by and return to L KOLA1(Gg� CLERIC Hs wL. h to Street DEED DOC 8T Itsv 11rat, Fleri#a 33040 07/21 /20" 848, 40 R.i. Past:el Mho. t ooi27150-000000 DEP CLIP Q(IITCLiIIN D>iSD ease rwirlham'1 i TWs SewrarAbobw ei gmadn mad and is aivl test�i b mod" or As& asmaor- ` ssls Qgt2C A= sm, executed this "_day of %, A.D.2000, by UrrI L. LWAU, a married woman, GRASTOR, to Tax LUJAU TBD rannoa r, LTD., A YLORIDII LISTTMID PAW=2RASIP. GRAN=, wbose address is 11" Truman Avettae, K*y oast, Florida 33040: (wherever used herein, the terms 'Grantor' and "GrantsW shall include singular and plural, heirs, legal repraeentativ", and assigns of individuals, and the suceesmors and assigns of corporations, wherever the content so admits or requires.) wMNXSM, That the said Grantor, for and is crnsiMratiom Of the see of Tea Dollars (i10-00), in hand paid by the said Grantee, the receipt whereof is hereby scknowLedged, dose hereby remise, release and quit -claim unto the said Grantee forever, all the right, title, interest, claim and demand which the said Grantor has in and to the following described lot, piece or paroel of land, situate. lying and being in the County of Monroe, state of Florida, to - wit: an Attach" sm. TO ME AM NO SOLD the sane together with all and singular the appurtenances tbareunto belonging er in anywLes appertaining, and all the estate, right, title, interest. Limn, equity and claim whatsoever of the said Grantor, either in law or equity, to the only prop" name benefit and behoof of the said Grantee forever. SA= FROM= is not the homestead of the Grantors) under the law and constitution of the state of Florida in that neither the Grantors) or any members of the household of Or-at(a)reside thereon. IN wI� �Wr The said Grantor has signed and smaled these presents the day and year first above written. Sigred, smaled and delivered in the presence of: witness d L. >t 17 JA Ae Witness Printed MLase `gek#Q. witness Gu�od�r�. tCb��s�ld� ! witness Printed same 22M of FIARIDR GOO= OW MA01120e aiyORs Ms, the undersigned authority, tbiq day psFsosa}ly appeared Dam L. LUJAs, to so well known, or identified by TJArs LAduft. ♦`JMl. , acknowLedged the due iwca, of the foregoing itcladt wit a my hand an--t is day of 2000.la qo 14 Notary Q Printed Nam aL 17. i',s�CC commissio irem:'�e s"r 10IN6sC:\CLIJWT\LAJAs\l29150. TILE art1190898 M 1 6 4 4 PG=2 1 6 '7 %I EM "A" ' l RRL t1N123130.ONM Sobjaet #24 A paocel of aubmaSW Lod ]ping soutbeam* of Part of Gavetinawat Lot 2, Section 26, Towahip 67 South, Range 25 East, Raaoea Kay, Mootoe County, Florida. atone ply desaibed as fb&mc From the intersection oftbe wat* abutment of the Boa Chia Vaduc t and c nte&w of U.S. Hwy M. oo South $1' 17 00" Weak a dhtswe of 3".70 feet to a point; thence North 10' W 00" East a dirtan t of 211.17 feet to a point in the aorthaly R/W lim of U.S. Hwy A, which point is the point of begin tbeooe xath 91' 17' 00' Fart long the ngrdwly R/W fine of U. S. Hwy 01, a diatsaoe of 940.9 Seat to a point; theta North OS' 43' 00" Wet a aster a of $50 Beet to a polmK * aoa Sotuh tll' 1700" Wert a druanoe of 2ti.S feet more or lea, to a point; thence South 01' 3S 00" Eat a distaaas of 94.3 Seel to a point; dunce South 63' 57 00" Weat a stance of 4ES lba to a point ; thence South 10' 00' 00" Wert a distenee of M fat, more or kw back to the point of beginning. Coetaioing 11 M aaa, n wet or lets. 11101MOS COUR4t7 orrzcIAz RSCOADS C.'CLAWNIUMaw,xia MOMROi COUNTI ` OIPICIAL RIC06La sun tyona psspased by and xetvrm to eii 1tito Must ( a�e� Wbst, hnIb" 3 \ 1t.=. Pasoel Ib.: 00123170-000000 PILL I 2 5 3 1 2 0) BK#:t 7 1 9 PGi 2 1 9 2 BCD Bag ZZ 2611 12,42PR DUMMY L JOLBAGM, CLiRI wb;= a M tiarJ?�tSltied«AtrsrettJowiatw:«lfe6a:atse w�a MU WITCLUM Dim, executed this day of 4,V1 , A.D.20O1, by BETTY L. LUJAN,a married woman, GRANTOR, to TBE LOJJAN LIMITED PARTMMSSIP, LTD., A FLORIDA LIMITED PARTU SUP, GMM=, whose address is 1104 Tresan Avenue, Key West, Florida 33040: (Wherever used herein, the terms 'Grantor' and 'Grantee* Shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) IIITgs IM, That the said Grantor, for and in consideration of the sum of Ten Dollars ($10.00), in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release and quit -claim unto the said Grantee forever, all the right, title, interest, claim and demand which the said Grantor has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Monroe, State of Florida, to - wit. See Attached Me. "A" TO lNO— MV TO B= the same together with all and singular the appurtenances thereinto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said Grantor, either in law or equity, to the only proper uso, benefit and behoof of the said Grantee forever. S&W RIMUM is not the 3emastead et the 0tantor(s) under the laws and oonstitatia► of the state of flssida is that asither the Genstar(s) ac any numbers of the household of Grantor(e) :*side tberson. IK W12l UMLU I, The said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: Witness L. UJAN &&&X� �&Vfd 7 4, Witness Printed game Witnes 6.ULMSI* l�cRt�s.6t15L Witness Printed game sours or VZOOx ah CO0kMlY or ICMRON BEFORE ME, the undersigned authority, this day personally appeared BETTY L. LUJAN, to me well known, or identified by acknowledge t execution of the foregoing Quitclaim Deed. 2001. WITNESS my hand and official seal this kYrL day of R Notary Publics Printed bh,.. /7✓4,rSE �•da� Y Commission Expires: C:\client\LOJk1k1\123170.one.wpd *= m�� * /Bhr/03' EXffiBTT "A" RL: 90123176.000M Subject #16 rrLI #1.253120— BK# 1 7 1 9 PG# 2 1 9 �`� From the intasection of the ocatexlim of U.S. Highway No.1 and tie east fact of the vmd abutment of the Boca China Viaduct go South 81' I? West along the centerline of U.S. highway No.1 a distance of 3714.28 feet to a point; thence North 10' 00' West a distance of 211.17 feat to a point in the northerly right of way line of U.S.. Highway No.1 which point is the point of beginning; thence South 81 ° 17' West along the northerly right of way line of U.S. Highway No. 1 a distance of 415 feet to a point; thence North 16' 13' West a distmmoe of 530 feet to a point of intersection with the southeasterly line of Allamanda Ave n ne (extended) according to the plat of Key Haven, a subdivision recorded in Plat Hook 4 at Page 46 of Monroe County 02UW Records, thence North 509 13' 4V East along the southeasterly line of Allmnanda Avemtie (extended) a distance of 705 feat, more or less, to a point in the welly ahcmlinre of Raccoon Key; thence southerly along the meanders of said shoreline a distance of 825 feet more or leas, to a point; thence South 10' W West a distance of 485 Am% more or leas, back to the point of beginning. Containing 9.7 acres, more or less. Including Lots 3-8 Key Haven 90 Addition PB5-113 I.es Lots 1,2 and 9 Key Haven 9th Addition P135-113 and Key HavenRRoaad Extension, O.R Bk 206, Pg.177. KONROI COUNTY OFFMAL RICORDB C:kdieael 4=%12317C mdM.Vrpd MOl(ROE COUNTY 41 1 9 to 8 9 9 OrrICIAL RECORDS BK! 1 6 4 4 P60 2 1 6 8 RCD Jul 21 2000 04t22PM Pita foam propared by and return to DAERY L KOLBAGE, CLERK Maras L. •see, Seq. r` M white street DEED DOC ST 1920.10 le� Wgt, Florida 320" l.S. Tareel rs.t 00123170+000000 01/21/2000 DEP CLK QUXTCLMN CM . r rMM arm a,+�ii..Ah.am.�aa�.as�.a wg....t.A L ISIS Qo12MAZU OM, executed this 3jdy —day of , A.D.2000, by SRTTy L. LOJi/.a married woman, GMMM, to TON LQJAX L %= PAR"MSlIP, LTD., A tLMUM LLwITSD PART , GRARM, whose address is 1104 Truman Avenue, Ray bast, Plorida 33040t (Wherever used herein, the terms 'Grantor' and 'Grantee' shall include singular and plural, holes, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the contest so admits or requires.) W12XIMM, That the said Grantor, for and in consideration of the am of Ten Dollars (l10.00), In hand paid by the said Grantee, the receipt whereof is hereby acknowledged, doss hereby remiss, release and quit-olais unto the said Grantee forever. all the right, title, interest, claim and demand which the said Grantor has in and to the following described lot, piece cc pereal of lead, situate, lying mad being in the County of YAmrae, state of Florida, to - Witt sus attached on. To lava A To MM the same together with all end singular the appurtenances thereasto belonging or is anywise appertaining, and all the estate, riot. title, interest, lies, equity and claim whatsoever of the said Grantor, either in law or ogaity, to the only proper use, benefit and behoof of the said Grants* forever. • lilb Pa0s1tT>; is not the homesteed of the arantor(s) under the lane and constitution of the state of 7lorida in that n»ither the Grantor(m) or any members of the household of Grantor(s) reside tberaft. Ix wramsm w10YUM, The said Grantor has signed and sealed these V_ presents the day and year first above written. signed. sealed and delivered In the presence oft witeess 77kAM,P A"VW-�AY Witness Printed Nam& A 1 • MMMM. �.:. � Ei.l zAgRl+ !fgg 6k witness Printed Meme aim or FLs.IDi► QOU1l7 00 ■OMMOM BUranx M, the undersigned authority, L. wil w, to me well known, or identified by acknowledged the dtN execution of the forego. WITwlas my land and official_ Us 2000. •.• Ct\GLI3WT\LOJAI\l23l".QC .."-WI till day PgF10-_}1y aPPNrod 58M day of ary rublscn rated Rammp-&ALtWct��6cL COamiasion expiress „4(elar- FILE #1:X90899 BK# 1 6 4 4 PG# 2 1 e 9 r EXHI>31T "A" r ? RE: 00123170.009M Sahjaet M1f From the Wersectien of the centerline of U &Now" No.1 and the am fact ofdw west abutraalt of the Boa Chic& Vu&sct So South W l T writ along the ceokffm of U.S. %&bway No. 1 a d stance of 3714.28 &d to a point; thesloa Na* 10' W west a datmos of 211.17 Seel to a point in the aoreharllr right ofway rme of U.S. Ha0m y No. I. whiok point is the point of beginning; thence South St' 17 weal &long the noct 3a* right of way line of U.S. NWmq M. 1 a dicgnoe of415 Seat to a point; thicam Narib 16' 13' Wet a ditnium of 530 feet to a paint of b te&eeetion with the sour ilne of Alsmmda Avenue (ateaded) a000v&W to tha pit of Key Haven, a subdivision receded in Plat Book 4 at Pages 46 of Mmw Coemty Mini R000rk dwoos North 30- 13' 40' Fact along the soutbeattaly Sae of Abmsa& Av omm (o teoded) a &%= of 705 feet, more at has, to a point in the wetady rho d ne of Rwcoea Xc , thence soud aiy along the meaaders of said shorsise a &Wanes of US fat, mare or low to a point; thaaoe South IV W Wet a distance of 4t5 fast, more or kw, back to the point of beginning. Containing 9.7 saes, i0era or less. r I" Lots 1.9 Key Hma 9th AdiStian P85-113 and Key Havedtoad Fadaeios, OA Bk 206. Pg.177. I CfAVE QI1f r1IW13317e1D SIONROE cOUNTY oFlICIAL RECORDS I -_ " i1190900 MONROE COUETY B«., ]. 6 4 4 PGf .2 1 7 0 'OpgICIAL RECORDS RCD Jul 21 2000 A4r22PM Orosi o . WNwpa'�� by and return to DUNY L KOLHA6E, CLERK xis wkits street aRev 11sat, l No.ds 01332 DEED DOC ST11ljl,� 665.00 l.E. Psroei >te.t OOiZ3s00-000000 07/21/2000 �Y DEP CLK - QQITCLi1Ih1 DEED !I We �lsrNN sr d� Ess�aiwtsN+w lend Is GIs awrraa= a 8 executed this -.W _day of<A&M , A.D.2000, by BWM L. LOJaf, a married wows, GWAMM, to !Rs WJaa a M PARUMdRIP, LTD., A PLOSIDA LIKITM PAMZR88IP, GRhWTis, whose address is 1104 Truman Avenue, Key West, Florida 33040: pamever used herein, the tarme •Grantor. and �wraatssl shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the saeoesews and assigns of corporations, wherever the context so admits or requires.) -- wIlJifM S. That the said Grantor, for and in consideration of the sus of Ten Dollars (i10.00), in hand paid by the said Grantse, the reasipt wharsof is hereby acknowledged, does hereby remiss, release and gnat -claim unto the said Grantee forever, all the right, title, interest, claim and demand which the said Grantor bas in and to the following described lot, piece or parcel of land• sitaats, lying and being in the county of Macros, state of Florida, to - wits use attack" ix. 1b MM alms Mo XOM the rase together witb all and singular the enWrtensnoes tbersunto belonging or is anywiw appertaining, and all the estate, rigbt, title, interest, lies, equity and claim whatsoever of the said Grantor, sitber in new or equity, to the only proper use, benefit and behoof of the said Grantee forever. MID PRslfRi'! is not the boseetead of the Grantors) undsr the laws and constitution of the state of Florida in that neitber the Grantors) or any (� members of the bousebold of Grantor(*) reside thereon. ID wil7lRis MWAM, The said Grantor has signed and sealed thew presents the day and year first above written. Signed, sealed and delivered in the presence oft witness witness Printed Mass 9 wi &JUAdit TOMyE11 witness Printed base man or PJAW"S COIAIPq of Hamm axioms MR, the Mulersigned authority. tb day per nel y uTTT L. LUJAII, to me well known, or identified by appspred t acknowledged the due exeeattion o forego guitelaim Daed. wiTRRss sty hand and of this day of , 2000. lkgglrrr t PublicA it t _ «• i * Printed sass L.Ra+wwt.�:t'f.• "y C mission sxpire.:...It4(oL Ct \OLIiN!\LIIJ1ll1\1s3soo.pC ��''JJ 1lxnmmtl' «A. TILE ;1190900 Bt:S1644 pGa21-71 - RE:061232M000000 Sabjed424 A pad of submerged land lying mdbWy of and adjacent to Put of t3wimmeat Lot 2, Section • 26. Towed ip 67 South. Rate 25 East, Ra0000a Kay, Monroe County, Florida. mono particufuly daaibed as f&ows: From the iotanction of the westerly abutment of the Boa Chia Viaduct and the oeoealme of U.S. HwjAl, so South 0l • 1T 00' Wad ab* the cestufim of U.S. Hwy 41 a diistam of 3,71413 fad to a poid; thence North 10' W 00" East a didmm of 211.17 fed to a point in the sort oly R/W line of U.S. Hwy 01, which point is the point of be�msiuug; tbance coroisue North IV W 00" East a didmw of 643 fort, more or less, to a point in the southerly sI 1ioe ofRoccoaa Key; *am easterly along the meanders of said southerly simn 'ese a distem of 120 ibat, man or lee, to a point; thence South 10' MY 00' Wes a distance of 620 feet, more or task to a point in the nordhaiy R/W line of U.S. Hwy 61; thence South 81. 17 OW Wad along said natberty R/W Lee a dstaooe of 105.59 he hack to the point of',Si as reworded in Official Rands Book 130 at Pages 71-73 of Monroe County. Plokida; containing 0.75 saes, moue or leas. LESS and excepting dwrc rom that portion of the above dacr*W pared deeded to Monroe County, PWak for Road Purposes, dm a is Official Room& Book 130 at Pages 7173 cf Monroe County, Floride. 11031202 CouuTT OrrICI11L RECORDS r MLt� MMUUAtiH?32003D t r ,,,, ` ILE •1190901 MONROE COUNTY Ki 1 6 4 4 PG; 2 1 7 2 OFFICIAL RECORDS RCD Jul 21 2000 04,23PH 2kis fobs by and returm to DANNY L KOLHAGI, CLERK Waroi L. 2"0, preps-redeq. all mute C reat is sW�585. 20RnP�le$00210_000000 DIED DOC 67/21/208T-, DEP CLK � ��wt QsQI'1'CL1lL1 DEED r,( IiwMi M:: � Near w fML Ewww"efisN a1 is 25I9 QUVZCW bb fsi0, executed this A! Lday GI . E.0.2000. by UTM L. LVJAN, a married woman, GnW7=, to TSN LOJAW MlTHD tuT'm rp, LTD., A ILMDA LnM=D PA3lM0881P. GRANT= . who" address is 1104 Truman Avenue, Ney West, Florida 330401 (Wherever used bereia, the terms 'Grantor' and 'Grantee' shall include singular and plural, hairs, legal representatives, and "signs of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) W1, That the said Grantor, for and is consideration of the sus of Tam Dollars ($10.00), is hand paid by the said Grantee. the sewipt Whereof is hereby acknowledged, does hereby remise, release and quit -claim veto the said Grantee forever, all the right, title, interest, claim and done" which the said Grantor hoe in and to the following described lot, piece or parcel of land, aituato, lying and being in the County of Monroe, State of Florida, to - wits Sam Attacked RK. To ZRVR AM So RNA the same together with all and singular the appartenanose thesemto belonging or in anywise appertaining, and all the estate, right, title, interest, lion, outy and claim whatsoever of the said Grantor, either in law or equity, to the only proper use, benefit and behoof of the said Grantee forever. M= P»OPMT is not the bomestsad of the Grantor (•) under the lawn and constitution of the State of Florida is that neither the Grantor(&) or any members of the household of Grantor(s) reside thereon. IN W12MUS MMM, The *aid Grantor has signed and sealed the" presents the day and year first above written. Signed, sealed and delivered in the presenceee of: Witness pp �ttEsf �JCiIlB.fLr/OiK Witness Printed Name -. Witness T &J?Mir M Witness Mat ed Name SUM OF FLORIOa CDOMM of Boom NllOM 30, the undersigned authority, , L. LWAW, to me well known, our identified by acknowledged the due execution of the forego WISMS&s my head and offie this 2000. _."MM_ f _ w. #QcCs\Q.IEtr\LVJAR\l23210.QC Vim . - day Of Notary Pablice Printed N- °. vr.�� CAW My COsiss lxpiresa j s l t r • f ' lILE #2.190901 EKBUT ' "A" SKi 1 6 4 4 ?0# 2 1 7 3 Im. 0012321""M setweet ou A prod of arbawgod hod lying southerly of and a4ecost to part of Govanrneot Lot 1, Section 26, Township 67 Swath, Rage 25 Erik Racooa Kay. Moom County, Florida, mote partiwhdy dacr*W a f &ws: Frm the iitaseaica afthe wepady abdmeat of the Born Chien Viadixt sod the Oentubw of U.S. Hwy lll, go South ll • 17 OW Wet slang the oartaliine Of U.S. Hwy Al. a distance of 3,305.70 fed to a point; tbeooe North 10. W 00" East a dunce of 211.17 Feet to a point in the northerly R/W line of U.S. Hwy gl which point is the point ofl si i thence continue No* 10* W 00" East a didaooe of 650 Awk more or less, to a point in the mdbwk tbordiwa Of Raocoow JIM thence wededy along the meanders ofaid southerly shorefiwe a dutanoe of 310 bed, ware or less, tQ a point;thence South 10' 00r 00' West a distsm Of 620 beek mart or lew to a point in the northerly WW line of U.S. Hwy dl; theaioe Worth $I a 17000 Fan along the northerly R/W line, of U.S. Hwy gl a diiwwm of 300 beet back to the point of begimdng- Contait ft 4.2 aaa, morn Or has. CACLIZIMAXIAMMICID f MONROE COUNTY OMCIAL RECORDS 'ILB #1190902 -• N08AOE COUJITY dKt 1 6 4 4 PG# 2 1 7 4 OFFICIAL 22CORD5 RCD Jul 21 2000 94r23P$ This fo m prepared b7 and retecat to DANNY L KOLRAGE, CLERK Navai L. me** C_ h" O. ae Mite Street s332j20- DEED DOC S? 318.0020_0 07/21/2000 Xx DEP CLK QUTCLhxm DSSD en tirtwi%ij cif iRrl�lar NEs�iwwfMwr and is WnWX AM a , executed this ^day of , A.0.2000, by Sh M L. WJW, a married womaa, GUMi+OR, to THS LDJAN ?SD PAS1700tMIP, LID.. A M49JML LIKVM PAhi?NSfSM, GSAN?is, whose address is 1104 Trasms Avenue. Say Meet, Flarida 330408 (Mherever used hernia, the terms 'Grantor' and 'Osastme' shall include singular and plural, heirs, legal sepseeentatives, and aeeLgne of Lsdividsala, and the successors and assigns of oosporatioee. wheseves the context so admits or requires.) NITNEIMN, That the said Grantor, for and is consideration of the saw of Tan Dollars ($10.00). in hand paid by the said Grant", the receipt Wher.of is hereby acknowledged, do" hereby semi", release and quit-ciain unto the said Grant" forever. all the right, title, interest, Clain and demand which the said Grantor has is and to the following described lot, place or parcel of land, situate, lying and Wing in the County of Monroe, state of Florida, to - wits sea Attached an. }� To p Am TD MM the saes together with all add singular the appsrteaaaces tWr"ato belonging ar Ln aaywL" appertaisLng, and all the estate, rLgbt, title, interest, 1Len. equity and Clain whateo"er of the said Grantor, either is law or equity, to the only proper use, benefit and k q f of the said Grant" forever. SAID PSOMMM in not the homestead of the Grantors) loader the law and constitution of the state of Florida in that neither the Crantor(s) or any members of the household of Grantor(m) reside thereon. = Ni'TRAS -Mm"1, The said Grantor has signed and sealed these presents the day and year first above written. signed, waled and delivered in the presence oft 4Q.&&*W Vitae" witm"a Printed Name 92M o1 1LORIDa CoWNT of 1101UM MMUM NN, the undersigned authority, ' L. LIIJAN, to sr well knoomt, or Ld"tified by acknowledged the doe esecA ion of the forego Nr=ZSS my hand and official etal this 2000. Ct\CLIENT\LOJAN\123220.QC of Printed Name my Corwissio -- PILE #2.190902 EXHIBIT "A" BK# 1 6 4 4 P6# 2 1.7 5 R);: N123ZWOHN SuNed #11 A prod of land on Raccoon Ley, Maom'oe may, FlanH+, bfi put of Cmvertas M Lot 2, Section 26, Towmhip 67 South, Rmp 25 East, morn pa *obdy dos mlW as WowK Begin at the intersection of the southwest fine of Kay Hmm Bodwrd, wd the southamdy line of A Ave. (E*mdUQ, aocar I ao the Pbt ofKey HDW as reocmded imPlat Book 4 at Page 46. Moo = County Officbd Rmrds; thence South 39- 4e 20' Fart along the soutbwataly in of Key Aavm Boolavad a distance of 94.47 feet to a point of anus of a auae coacm to the West having a rad'us of 213.27 Sect and a antral am* of 45' 37 10' ; thence 1 scuthaly slofg said oxve a di tanoe of 169.50 fed to a point oftangmt thence South 05. 4S' SO" West along the wedaly in of Key Haven Boukvard, a didwas of 26S fat, more or leak to a paint in the shoreline of Raccoon Key dYmoe weatedy nod aorthaiy along the mamd is ofthe s, 6fe ofRac000n Key a diMsce of 550 fuck more or lea. to a point in the amdb Mdy life of A n msads Ave. According to KEY HAVEN SECOND ADff1TlON, as elecaded a Phu Book 4 at Page 93, Monroe County 016dd lteoomds; thence North 50' 13' 40' East almtg the soulbautaly Sae of aid A4mmda AVe. A &Mote of 55 fed, mac or law bads to the point of beginning Containing 1.43 sass. mama ar lass. CACIADMA A1Q123 .D r molmoE COUiTY OrtICIAL RECORDS HORROR COUNTY lILS # 1 3- 90 3 • OFFICIAL RECORDS BX#1644 BG#2176 RCD Jul 21 2000 04+24PH this fore pwepsred by sss retetea is MANY L XOLRAGB, CLEAR Moroi L. sees, seq. Ila Waite street � West, Florida 33040 DEED DOC 8?AK 414.30 11.1. Parcel Me.t 00123230-000000 07/21/2000 DMP CLX QMTCI.AM DLMD �M pismIAa�`�'`�* —omb dg=W& �. era was m"CIAM D00, executed this day of , A.D.2000, by IVM L. LUJAs, a married womes, GRAMM, to =9 LUZIN 19IMrM PASTSERsBIP, LTD., A FLORIDA LIMITED PAs?MRSBIP, ORAST32, whose address is 1104 Truax Ave , My West, Florida 33040n (Wherever used herein, the terms "Grantor" and "Grantee" shall isoluds singular and plural, heirs, legal representatives, are assigns of individuals, and the successors and assigns of corporations, wherever the contest so admits or require,) viEMS, That the said Grantor, for and is ooneidsraticn of the am of ?en Dollars (=30.00), in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, does hereby ramime, release and quit-clais unto the said Grantee forever, all the right, title, interest, claim and demand which the said Grantor has in and to the following described lot, piece or parcel of Land, situate, lying and being is the County of Monroe, state of Florida, to - wit: an Attached Rs. 10 Ravi IWD 20 MOLD the same together with all aad singular the appestenanee• thsreento belonging or in anywise appertaining, and all the estate, right, title, istereat, liss, &pity and claim whatsoever of the said Grantor, either in Far or equity, to the only proper uee, benefit and behoof of the said Grantee forever. RAID MCPSITF is not the homestead of the Grantor(s) under the laws and constitution of the state of Florida in that neither the Orentor(s) or any members of the household of Grantor(m) reside thereon. Is M120200 10S8a The said Grantor has signed and sealed tbess _- presents the day and year first above writtsm. Signed, sealed and delivered in the presence oft A"-. , -7A594rf A'p1& AfMA? .W o ° Witness Printed yams EAMW witne • FLJ 2 'N hb ff:N 8mjp' Witness Printed sun of FLORIDA Cosff! OF MONROE a m= 71E, the Undersigned autbosity. thi day per nal appsa ed SIM L. LOJAs, to me well knows, or idsatitied by dXA 0 acknowledged the due execution of the torego Quitclaim wITWEss my hand and oft seal this day of , 2000. Q ary Public Priattl same�RH"�KiN.R i.4ri�'; my Commission expirb: ES C:\CLIT\LOJAs\323230 t l r(( e e FILE 61190903 EXRENIT "A* sx# 16 4 4 PG# 2 1 7 7 JtX- SSn323 4WM Svd*j d M A pereel of trod on Rsocom ICey, Almon C.amty, Hondo, being a Part of Government: Lot 2, Section 26. Township 67 South, Range 25 East; oohs pudcordy deemed as Mews: Frm the Wersectios of the westerly abutment oftbe Hoes tbica Madad and the omtar5ne of U.S. Hwy d1, W South it * 17 00' West shag the eester>ise of U.S. Hwy d 1 a canoe of 3,303.70 fat to a point thtsnee North 10' W 00' End a distance of $61.17 fed to a point which point is the point ofbegnoing; dmm North 63. 57 00' Fart a drtmm of M feet to a point; thence North 01 * 3Y OO' Wet a distance of 101.6 fat do a point; thence South 77* W 00' Went a dustm= of 145 feet. morn or lets, to a point in the soutisess- b Time of KEY HAVEN FOURTH ADDITION as nncaded is Plat Hoak 4 at Page•152, Monroe County Official Records; thence South 50' 13' 40' West along the southeasterly ire of said KEY HAVEN FOURTH ADDITION a disttsuce of 315 fat, more or less, to a point in the so admly► inn of slid KEY HAVEN FOURTH ADDITION; thence South 91' 5W OrWm along the sorthedy Im of mW KEY HAVEN FOURTH AMMON a distasa of 14090 he to a paint is the southwataly lice of said XEY HAVEN FOURTH ADDITION; thence Ncsth 39. 4V 20' West along the soulkwastady roe of said REY HAVEN FOURTH ADDITION a distssoe of20 feat to a point in the southeasterly in ofKay Hm a Tetra a000c I S to said KEY HAVEN FOURTH ADDITION; thence Seth 50' 17 40' West AM the soad- easoerh Tee of said Key Havre Tanm a drstaoce of 60 he to a point of wove of a nave comet is the Nardk having a radius of 169.32 fret and a central angle of45' 3719•; thence w ataly along said nave a distance of 114.57 fed to a point; t wom South 43' 47 40' Feat a damce of 200 feeL moe or hex to a point m the sourthaly sI No of Race aaa Key, thence easterly along the meanders of said soutb dy shoreline a distaooe of 140 f vt, more or less, back to the point of bem*in & Castaiing 2.3 saes mre or bm MONROE COUNTY orTICIAL RECORDS KON@ON COUNTY FILE •1 2 5 3 1 2 1 OFFICIAL HICO_ 8E01 7 1 9 PG12 1 9 3 SCD Aug 22 2011 12142PK This s��� t'+i DANNY L 1(OLHA6f, CLf6tR lfav NrssttllSa�rida !aAl�! �., i in 88�I�1�8=888888 00139510-000000 QQzzcLh= DX= i l l e�+►sl+� ,be== 94srri WAksNed Akmok iIAM wM it h IMi* w A# TSIs QUITCLAIM Dom. executed this _APA_day of 1441� A.D.2001, by KEY HAVEN SALES, INC., a FLMOiA CORPORATION, GRANTOR, to THE LUJAN LIMITED - PARTNERSHIP, LTD., A FLdIIAA LIMITED PARTREASSIP, GRANTEE, whose address is 1104 Truman Avenue, Rey West, Florida 33040: (Wherever used herein, the terms *Grantor" and "Grantee' shall include singular and plural, heirs, -- legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) WVMSSiil, That the said Grantor, for and in consideration of the am of Ten Dollars (l10.00), in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, does hereby revise, release and quit -claim unto the said Grantee forever, all the right, title, interest, claim and demand which the said Grantor has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Monroe, State of Florida, to - wit: see Attached sx. %Am TO RAYS AM TO Mb the same together with all and singular the appurtenances thersunto belonging or in anywise appertaining, and all the estate, right, title, interest, lion, equity and claim whatsoever of the said Grantor, either in law or equity, to the only proper use, benefit and behoof of the said Grantee forever. SAM PsOPskT! is not the hon"tead of the Crantocts) mndac the lams and owastitation of the stab of Florida in that neither the 0eante9t(s) or any members eC the household of Otantorts) Beside theeeem. IW WITNUS MUSUOF, The said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: )MY HAVEN SALES, INC. A FLORIDA CORPORATION Witness CeLs(r;I ,�ie'IOGG Witness Printed Name �Su2A8�+ Kax�t�t Witness Printed Name van (W FLOKID& comes 0W MANIOC' SEEM ME, the undersigned authority, this day personally appeared ARTHUR WAYNE LUJAN, AS PRESIDENT Or KEY HAVEN SALES, INC. A FLORIDA CORPORATION, to me well known, or identified by .}c)anowledgeT-t%e- oxecurzon of the foregoing WITNESS my hand and offi 2001. Brie C:\client\Lujan\9thaddn.gctwo. SRt3.719 EXWIT *A* ' A.R. Pasoel No.: 00139390-000000 00139470-000000 00139410-000000 00139190-000000 00139430-000000 00139520-000000 00139430-000000 KEY HAVEN 9m ADDITION: LOTS 11, 13,15,17,19,21, and 23 as recorded in Plaint Book 5, Pale 113, of the Public Records of Monroe County, Florida.. ltop5oe coUNTY OFllCT&L RZCoana c:+d3aaN.v AN%139390-lMTWMD.Wpa z C PI I #I.253122 OMCIONROI L HICY I1 '� 1 9 PGt2 19BCD Aug ZZ 2081 g O►►ICIAL RlCORD! yIb�i�s too � b! and return to DAVIT L ROLHAGI, CLIREPR mil! White street 33��pp��pp R.s �t' 00123RS0-000100 0990 DOC 97Alp, lI .Sl #8122/2!!1 Dip CLR QOITCI.)LD[ DR�D Ilir �t� �rilltst �a�• .TusxA K.lMIlac:lSs�aM� Af it iMlrlate�' M 1As sass 4oITCIam DEED, executed this -,&_day of 144Y A. D.2001, by Wr HAVEN ASSOCIATED ENTERPRISES, INC., A FLORIDA CORPORATION, GRANTOR, to THE LUJAN LIMITED PARTNERSHIP, LTD., A FLORIDA LIMITED PARTNERSHIP, GRANTER, whose address is 1104 Truman Aveaue, Rey West, Florida 33040: (Wherever used herein, the terms "Grantor' and •Gzanteee shall include singular and plural, heirs, legal representatives, and assigns of individuala, and the Successors and assigns of corporations, wherever the context so admits or requires.) W22MMi M, That the said Grantor, for and in consideration of the sun of Ten Dollars (330.00), in hand paid by the said Grantee, the receipt .thereof is hereby acknowledged, does hereby remise, release and quit -claim unto the said Grantee forever, all the right, title, interest, claim and demand Which the said Grantor has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Monroe, State of Florida, to - wits See Attached Ex. `am 20 JUM AM TO NofD the saw together With all end singular the appurtenances thsreunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said Grantor, either in law or equity, to the only proper use, benefit and behoof of the said Grantee forever. MW =VZRT! is not the b ft"tsmd of the Gtastor(s) under WO Issas and 000stitottes of the ststa of >florids in Out asltbw tine Craator(a) or any mssbece of the household at Csastor(s) reside there=. IN WI202ss UEO ROr, The said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: -A&14 LZ5404 Witness Witness Printed Vase kao� Kdpmft 01 slamm a Witness Printed H� sun or 2%*L aA cowrrz ar II NRM NET HAVEN ASSOCIATED ENTERPRISES, INC. 6ML4"I yU4WAd )UMUR WAYYNE LUJ 1, . WrORE ME. the undersigned authority, this day personally appeared ARTHUR *AM LUJAN , AS PRESIDENT OF KEY HAVEN ASSOCIATED ENTERPRISES, INC., te, in ymll knawn- or identified by _ acknowledged the due execution of the foregoing Quitclaim Deed on behalf of tho rp-ration. WITNESS my hand and official seal this ,�- day of , 2001. i/J9 fli l .14 ,� Nana '1YftIwEIG sC�/•! Commission Expires: C:\client\LUJA19\12 2 O.QC.wpd �•• �S�yp i I Exhibit "A" P i L I # 1 2 5-3 1 2 2 DR# 1 7 19 PGA 2 1 9 6 RE:123250-000100 Dogwood Circle, Dahlia Circle, Daffodil Circle, the canal lying and being sdjacmt to Lots 21, 22, 23, and the canal lying and being adjacent to Lots 15,16,17 and 18, all as shown on plat of Key Haven, Nnith Addition, a Subdivision of =Amw ged lands Southwesterly of Ray Haven Second Addition in Section 26, Top. 67.5, Rge. 25 E., Monroe Canty, Florida, recorded in Pig Book 5, Page 113, of the Public Records of Monroe County, Florida. MONR01 COUNTY OFFICIAL AIeCORDS C:1XclietMLUJAN1123250.LD3.wpd r� NOE80E COUNTY OFFICIAL RECORDS PILE i1 2 S 3 1 2 3 � BEt 1 7 1 9 PGt 2 1 9 7 SLia toss prepared by eud return to BCD Aug 22 28E1 12:45PN L. Rose,• DAEAY L KOLRAGE, CLERK all White �y bast, riorida 3��pp440p 11.i. lazcei V : Ooiliisl-000000 J�w•�`,"�4/ °ram ��sard►..Ai�ScrEr�rlrw.erra�►..sr lass WXIUATtt Dim, executed this ,% day of ly?Wr D.D.2001, by BETTY L. LUJAH,a married woman, GRASTOR, to THE LUJAN LIMITED PARTNERSHIP, LTD., A FLORIDA LIMITED PARTNERSHIP, GRANTEE, whose address is 1104 Truman Avenue, Rey Kest, Florida 33040: (Wherever used herein, the terms "Grantor" and "Grantee' shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) WIMASK29, That the said Grantor, for and in consideration of the sum of Ten Dollars ($20.00), in hand paid by the said Grantee, the receipt whereof in hereby acknowledged, does hereby remise, release and quit -claim unto the said Grantee forever, all the right, title, interest, claim and demand which the said Grantor has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Munroe. State of Florida, to - wit: see Attaohad Re. .A. TO MANE AM TO aL7W the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lion, equity and claim whatsoever of the said Grantor, either in law or equity, to the only proper use, benefit and behoof of the said Grantee forever. SAID !MOM= is not the homsstemd of the Oowmtor(a) Mader the lams and constitution of the stab of !!Ovide in that Smith— the Granter(.) ea: any masbexs of the housebald of Grantor(.) reside thmresm. IN WIMBS 1W ""I- The said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: &"'L "�_ Witness .,w J .00" Witness Printed Name gt31a+oAlar Witness�— &4 !fisE?1f- Witness Printed Name 82M Os' WL40WL N1 COUM!! Or ri 10010 BZr0R8 ME, the undersigned authority, this day personally appeared BETTY L. LUJAN, to ma well known, or identified by acknowledged the due execution of the foregoin Quitclaim Deed. WITNESS sip hand and official said this .day of AIA V. 2001. IL1 ti airy ry Public �� = rated Wale Til�il�t3f /C JC�'� f = «� " Commission Expires : �/� J �A/ C:\client\LUJAW\1169BL.fourwpd.wp��s � �� i EXHIBIT KA" RE: 061169814)00000 FILL # 1 2 s 3 1 2 3 B1#1719 PG12199 Being a part of Section Z, Township 67 South, Range 25 East, in Monroe County, Florida and nwm partkulady described as follows: Commencing at the West end of the Boca Chica Viaduct, S.R.D. Station 129 plus 66.17 run Southwesterly along the centerline of State Highway No. 5 for a distance of 1200 feet to a point; thence at right angles and in a Namely direction for a distance of 200 Beet to the point of beginning of the property hercinaft described, said point of beginning also being on the Ntunesterly rigWof--way lime of State Road No. 5, from said point of bed continue Nordnmsterly and at dgk angks to said RIW for a distance of 1350 fat to a point; thence at right angles and in a Southwestedy dhvcdon for a distance of 1100 feet to a point; thence at right angles and in a Southeasterly direction for a distance of 1350 fat to afoaaner:tiono 2 right -or way, thence at right angles and in a Natbeasterly direction along acid No rdmvsberly R/W 1100 feet back to the point of beginning. Conbdmng appn+oiamaWy 34.09 acres. KOUROR COUNTY OFFICIAL RICORDS C:lraiad 1AM116%1f=W wpd WILi1 2 S y BN;1719 PGi2 2 01 • NONHON COUNTY 18 OFFM&L RICOHD8 This toe= p�sepased by sad rateca to NCD Aug O 2181 1L:RK DANNY L ROLHACN, oi>1141. bib S ' CL=Hl( tt11H Mast, • o ,Fe�ts' ,w,.: N p N �o N 'laic QOITCUIn[ DaaD, executed this s day of IVA� A.D.2001, by x JMY HAVEN SALES, INC., A FLORIDA CORPORATION, GRANTOR, to THE LUJAN LIMITED PARTNERSHIP, LTD., A FLORIDA LIIfTLO PARTNERSHIP, GRANTEE, whose address is 1104 Truman Avenue, Key West, Florida 33040: w (Wbarev#r used herein, the teras "Grantor' and w • "Grantee' shall include singular and plural, heirs, °a e, legal representatives, and assigns of individuals, and n w, the successors and assigns of corporations, wherever v the context so adaits or requires.) WI2NBSW2K, That the said Grantor, for and in consideration of the sun of ?an Dollars (i10.00), in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release and quit -claim unto the said Grantee forever, all the right, title, interest, claim and demand which the said Grantor has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Monroe, State of Florida, to - wit: aM Attedsed ass. •Ae TO NAVE AND SO Mb the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said Grantor, either in law or equity, to the only proper use, benefit and beboof of the said Grantee forever. SAM 1M01:S22Y is not the homestead of the Qc tos(s) ender the laws and constitutlam of the State of Nlaeids in that ma thaw the Crantor(s) or =W aembers of the household of Grautar(s) reeids thaream. IN WlMM 10MO s', The said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: KEY HAVEN SALES, INC. A rLORIDA CORPORA?ION Witness ;i Witness Printed Name Witness Witness Printed Name 92%u 0I Nzaam mr tz Wi of h MMM n 55 , x r., BEFORE ME, the undersigned authority, this day personally appeared ARTHOR WAYNK LUJAN, AS PRESIDENT OF KEY HAVEN SALES, INC. A FLORIDA CORPORATION, to me we11 1 k , or identified by pcknowledgeattwe Zoo execution of the foregoing Quitclaim Deed on behalf of the Corporation. WITNESS my band and official seal this ZZ.W day of A 2001. icy Public �,F tC• anted NameTTex4f �'F'�d eA ,� Cs\client\LUJAW\4thaddn.gcSIX.wp =_ V y Commission Expires: a�/d�it « ♦ 7n: _ �i.713525 EXffiB1T "A" PIL1 t1Z53i25 Bl,g 1 '7 1 9 PG# 2 2 0 2 A.S. Varoal No.: 00133890-000000 00133910-000000 KEY HAVEN 4m ADDMON. LOTS 21 and 23 as recorded in Plat Book 4, Pale 152, of the Public, Records of bkwzw Co®ty, Florida. C..cbm"JAM13sMJM6..vd xonRoi COUNTY oyrlclkL RICORDs rKORROR COUNTY «LN 11 3 0 4 8 4 7 OFFICIAL NNCONOS F 1790 M# 7 2 2 NCO Jnn 16 2012 02.11PK Ibis DANNY L KOLBAGS, CLIR[ loss�ps� by and setass bs: sls �im s oa s . kt.se.l me., 8 m 13 COMMM", QUMLLIM DIM =+ !' "Y!e!=y110eJ�r.ardb..Q .�M..�.aieMasle�rw09 rM g=W&M DO D, executed this 2_9 /*day of M&t A.D.2002, by BETTY L. LUJAN, A HUMIED WOMN, GRAA'POx, to THE LOJAN LfNITFD PARTMERSSIP, LTD., A FWRIDW LIMITZD PARnMRSBIP, MWITBE, whose adds ss is 1104 Truman Avenue, Key West, Florida 33040: (Wherever used herein, the terms 'grantor" and 'Grantee' shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) IRMiRM, That the said Grantor, for and in consideration of the sum of Ten Dollars (i10.00), in hand paid by the said Grantee, the receipt whereof in hereby acknowledged, does hereby remise, release and quit -claim unto the said Grantee forever, all the right, title, interest, claim and demand which the said Grantor has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Monroe, State of Florida, to - wit: LOU 12, 14, 14, 19, 20, 22, AM 24 CW WM MAVJOr XDV= A=2= As ZSCONDRD M PLAT MOON: 6, Mas 113 Or M run.Ic kfi000D0 Or M101Os COMI, rum= TO aR MID TO HOLD the sass together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said Grantor, either in law or equity, to the only proper use, benefit and behoof of the said Grantee forever. sM NAkCDZRW is not the homeabead of the Qemntos (s) under the laws and acustitotta: of the State of llocide in that neitbar the Gcantor(s) or my members of the household of Oventor(s) reside thecoon. THIS ca a>a=m QvxWZA= am Is sn=120somno Tb Comma= TIES LML IN WZIMM INMYAU r, The said Grantor has signed and sealed theme presents the day and year first above written. Signed, sealed and delivered in the presence of: Witness EMIM�J W1 -as nted Name fitness nn Witness Printed Name RRAZX Or FZARZDA COUM Or DOaOi BEFORE ME, the undersigned authority, this day personally appeared BETTY L. LUJAW, �oT_wll known, or identified by acknowledgedhe sue execution of the foregoing Quitclaim Deed. WITWESS my hand and official meal thi day of JOAV 2002. ZIA94MEVI / Public [/ e� xame1,,w-zwr.0Su.CeEti C:\client\LWAW\9thaddn.gctTBRES.CDRR fCC7siSn _P salon Expires: /O%/p/OZ C �M r .STA )(ONNON COUNTY OFFICIAL RAMOS .. NONROE COUNTY -- FILI 11 2 7 8 8 8 6 Of/ICIRL RECORDS 81# 1 7 5 5 PG=1 7 0 2 RCD Jan 28 2012 11z4SAN h : by and ra=� to DANNY L KOLRACE, CLERK ieyyt 40ensr 1.M. hrt� Wo.z rM ffiff DOp� NzdWSr �� �MAaMa�a a*Iw/aT&Oz�safe�Male 'lJtif W TCT&= DMBD, executed this day of , A.D.2002, by BETTY L. LOJAM, A MURISD 11MM, GRMOR, to TBE LOOAII LIMTE PARTNERSHIP, LTD., A FIARSDh LIMITED PARTURSBIP, GRANTEE, whose address is 1104 Truman Avenue, Key West, Florida 33040: (Wherever used herein, the terms 'Grantor• and *Grantee' shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the •neceasors mad assigns of corporations, rberever the context so admits or requires.) Mil USMS, That the said Grantor, for and in consideration of the an of Ten Dollars (410.00), in hand paid by the said grantee, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claia unto the said Grantee forever, all the right, title, interest, claim and demand Much the said Grantor has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Monroe, State of Florida, to - wit: 1DTS 12, 14, ld, 10, 20, 22, JBa) 24 AS MSCOBS W of nM MOM: 0, M GIS 113, OF M non= iScanDs Of MD = Comm, 17,ORT a To sAVZ AND To MW the sass together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said Grantor, either in law or equity, to the only proper use, benefit and behoof of the said Grantee forever. SAID VFAMM In not the homestead of Um Gremtor(s) undec the laws and aeostitatian of the data of !Lerida in that maitbac the Grantor(s) or any meebecs of the beusebold of Ormwtam(s) Beside thereon. ti VrnWM VNIVISOf, The said Grantor has signed and sealed these presents the day and year first above written. -- Signed, -sealed and delivered in the presence of: Witafte BETry L. Law �112A�C7T � Witness P in • R ViEhass y,�. Witza�i rs P int•d Hum r S=2X or tLORIDi► `IK G�DOI!!Y OF boxwAs •M BE140M WE, the undersigned authority, this day personally appeared BETTY L. LOJAN, N2M, or identified by AfIA acknowledged the due execution of the foregoing Quitclaim Dead. WITMESS my hand and official seal this 40-a- day of L, 2002. R Public +�10 �S' ted It:se�'fftJ�iQ..X��.td/ C:\elien�LQJAW\9tbaddn.gr.tTBREE.MOMISM Sion E�ireaz�p/��� MONNOE COU■!y OIIICIaL RECOil08 r± V rq ee r NONRON COUNTY 6IL9 11 2 5 3 1 2 4 . OFFICIAL RNCORDB 91#1 7 1 9 PGi 2 1 9 9 ' 'CC Aug 22 2641 12,46PX This foe prepared by and Saturn to CANNY L KOLRA01, CLNH)( �io iia she• L Rapt Ilaet. ii lb.: pp����p-ppppp 000 001350t0-00 s ME$ 0 • o ww Qwz2cLR= D=90 �w N o Drew r� ji�l+��elietxa�t3mr&drAisrWAam tWwwNAAmisaWensk =A J M TSIS QUITCLAIM Dim, executed this 9,A day of , A.D.2001, by 0.0 BETTY L. LOJAX,a married women. GRANTOR, to rem LOJAN L TED PARTNRASBIP, s LTD., A FLORIDA LIMITED PARTNERSHIP, GRANTEE, whose address is 1104 Truman ac Avenue. Key (Pest, Florida 33010c (wherever used herein, the teams "Grantor* and 'Grantee' shall include singular and plural, heirs, o legal representatives, and assigns of individuals, and w the successors and assigns of corporations, wherever the context so admits or requires.) A e' r• T 1PIYNSSSRTw, That the said Grantor, for and in Consideration of the aunt of Ten Dollars ($10.00), in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-clais unto the said Grantee forever, all the right, title, interest, claim and demand which the said Grantor has in and to the following described lot, piece or parcel of I", situate, lying and being in the County of Monroe, State of Florida, to - wit. a" Attached Rm. %A,w TO SAVR AND TO HOW the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lies, equity and claims whatsoever of the said Grantor, either in law or equity, to the only proper use, benefit and behoof of the said Grantee forever. SAID PWVJ Tr is not the homestead of the Orantot(s) undem the laws and ooeetitation of tba State of rioctde in that nadtbmw tie 0ramtor(6) or =W asnbare at the household or J--1 on:(a) rasids tbeee=. IM WZTMSs WNSR M, The said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: witness BRTff L. - edt'L&/�A fiatt . Witness Printed Sam Rt& witness o*- - E-412A&M ZCorFc�, +cyt witness Printed Now sun or VIAN400A C0002i Or "MUM BP.rORP: ME, the undersigned authority, this day personally appeared BETTY L. LOJAN, to we wil -kn wn, or identified by acknowledged the dus execution of the foregoing Quitclaim Dead. WITNESS my hand and official seal this jji% day of zyle v, 2001. Azz 0. ry Public � Y ad frame YAwa!/e,5�'A C:\client\LOJAM\135850athadda.gc5. * s* ssion Expires: .011411pe- C r FJCHUlff "A" A.E. pared no.: A.E. Parma no.: 00135930-000000 00135070-000000 00133900-000000 FILI11253i24 B381719 PG92200 00135660-000000 00135090-000000 KEY HAVEN 4"' ADDMON: LOTS 17,18,19. 20 and 22 as recorded is Plat Book 4, Page 15Z of the Public Records of Monroe Cm*, Florida.. NOME COUNTY oPPICIAL RICORD$ C-V a ALWAN%133M04JM v pd D. LEGAL DESCRIPTION RAP: A portion of Key Haven Boulevard i KEY HAVEN ESTATES OVERALL VIEW -% V. N.84'39'23"W K E 50.00' ? s �9.2A V E Curve number 1—_-- �` Radius= 263.27' Delta= 04'46'26" Arc= 30.54' Tangent= 10.97' Chord= 21.93' Chord Brg.= N.01'04'59"E. Curve number 2 -------------- Radius= 50.00 W Delta= 41.15'08" r^j Arc= 36.00' p Tangent= 18.82' N Chord= 35.23'Zo Chord Brg.- N.64'01'50"W. !� Z N 44% Curve number 3 to Radius= 25.00' O Delta= 26.06'27" _ Arc= 11.39' n Tangent= 5.80' Chord= 11.29' Cn 7 Chord Brg.= N.56'27'29"W. t7 L Curve number 4 y --- 0 t Alta 48.64'4'04" re— f3 0 Tangent— 24.43' 0 Chord— 48.54' 7 Chord Brg.= S.01'11'26"E. 10 P.O.C. eat End of a Chic. Viaduct Sta. 12 +66.17 P.O.. r. �. W 5) v g1.64 ^ MOe t•) 80.51 47'E- O (�'}�p-{`�,e AY �. 1 N (1 �S•� l 47 W. S. HIGHW z 400' R/� U. � SHEET 1 OF 2 Key Haven Estates Key Haven, Key West FL. 33040 FREDERICK H. HILDEBRANDT SPECIAL PURPOSE SURVEY 05-520 ENGINEER PLANNER SURVEYOR Scale 1 "= 120' Ref, Flood Panel No. 1528 K Own. By C.M.0 Date 12 19 05 file Flood Zone AE Flood Elev. 9' 3152 Northside Drive Suite 201 REVISIONS AND/OR AMMONS Key West, FI. 33040 9/15/06: Updated, rood detail (3051 293-0466 1/30/07: Updated, detoA EXHIBIT Fax. (305) 293-0237 2/12/07: Updated, combined legals A fhildebt®bellsouth.net en c\drowings\key haven\t. island 2 -- KEY HAVEN ESTATES LEGAL DESCRIPTION/CERTIFICATION Road Parcel: Prepared by undersigned: From the intersection of the centerline of U.S. Highway No. 1 and the westerly abutment of the Boca Chico Viaduct go S 80'51'47" W along the centerline of U.S. Highway No. 1 a distance of 3604.95 feet; thence N 05'20'37" E a distance of 206.56 feet to a point in the northerly right of way line of U.S. Highway No. 1 and the Point of Beginning; thence continue N 05'20'37" E a distance of 761.08 feet to a point on a curve with radius of 263.27 feet and a central angle of 04'46'26"; thence northeasterly along said curve a distance of 30.54 feet; thence N 84'39'23" W a distance of 10.83 feet to a point on a curve with radius of 50.00 feet and a central angle of 41' 15'08"; thence northwesterly along said curve a distance of 36.00 feet to a point on a curve with radius of 25.00 feet and a central angle of 26'06'27"; thence northwesterly along said curve a distance of 11.39 feet to a point on a curve with radius of 213.27 feet and a central angle of 13'04'04"; thence southwesterly along said curve a distance of 48.64 feet; thence S 05'20'37" W a distance of 773.99 feet; thence N 80'51'47" E a distance of 51.64 feet back to the Point of Beginning. Parcel contains 40,156 square feet or 0.92 acres, more or less. CERTIFICATION: I HEREBY CERTIFY that the attached SPECIFIC PURPOSE SURVEY is true and correct to th best of my knowledge and belief; that it meets the minimum technical standards odop d by the Florida Board of Land Surveyors, Chapter 61G17-6, Florida Statute Section 027 and the American Land Title Association, and that there are AoisibleV�;- H, nts unless shown hereon. FREDERICK Hl BRAN T Professional Land Surveyor No. 2749 Professional Engineer No. 36810 State of Florida Key Haven Estates Key Haven, Key West FL. 33040 SPECIAL PURPOSE SURVEY NOT VALID UNLESS EMBOSSED WITH RAISED SEAL SHEET 2 OF 2 FREDERICK H. HILDEBRANDT 05— 520 ENGINEER PLANNER SURVEYOR Sc01e 1 120 ner. good Panel No. 1528 K Dwn. By C.M.0 Date 12 19 05 file Flood Zone AE Flood Elev. 9' REVISIONS AND/OR ADOMONS 9/15/06: Updated, road detail, legal 1 /30/07: Updated, detail 2/12/07: Updated. combined legals 3152 Northside Drive Suite 201 Key West, FI. 33040 (305) 293-0466 Fax. (305) 293-0237 fhildebl@bellsouth.net island 2 KEY MAVEN EISITATE5 OVERALL V W -A Ile CIt. N.84'39'23"W K E Y 50.00, HAVEN v 0 11,14 O � 1Q �1 6 Ue HIGHWAY N 86N.51.64 CV 5) t$t�47E R°3d Npe 51 COa 0O Cy (State Se z �4pp' RJW� SHEET 1 OF 3 Key Haven Estates <ey Haven, Key West FL. 33040 SPECIAL PURPOSE SURVEY Scale 1 "= 120' e • Flood Panel No. 1. Date 12/19/05 1 file Flood Zone AE REVISIONS AND/OR ADDITIONS 9/15/06: Updated, road detail island FREDERICK H. HILDEBRANDT ENGINEER PLANNER SURVEYOR 3152 Northside Drive Suite 201 Key West, FI. 33040 (305) 293-0466 Fax. (305) 293-0237 wg. o. 05-520 1. By C-M.0 xf Elev. 9' KEY HAVEN ESTATES Curve number 1 — — — ? N.84' P'23"W. Radius= 263.27 Delta= 04'46'26" Key Haven Terrace Arc— 30.54' Tangent- 10.97' Chord- 21.93' P.O.B. Chord Brg.— N.01'04'59"E. Curve number 2 Radius= 50.00' Delta- 41'15'08" Arc- 36,00' Tangent- 18.82' Chord- 35.23' Chord Brg.- N.64701'50'W. Curve number 3 Radius- 25.00' Delta— 26'06'27" Arc= 11.39' Tangent— 5.80' Chord- 11.29' Chord Brg.= N.56'27'29"W.� 0 NC Curve number 4 oN -------------- N Radius— 213.27' Delta— 13'04'04" Arc= 48.64' Tangent- 24.43' Chord= 48,54' Chord Brg.= S.01'11'26"E. .W aZo M ry o a" z L-N OYv. S•1 P.O.C. West End of Boca Chico Viaduct Sta. 129+66.17 ryto Road No. 5) a (Stake O 6p4.95' 5.807 51' 47"W • 3710.25' 5.80' S1 47"W . Note: P.O.B. = Point of Beoinnina Key Haven Estates Key Haven, Key West FL. 33040 SPECIAL PURPOSE SURVEY wg. a OS-520 Scale 1 "= 50' Ref. lFlood Panel No. 1528 k own. By C.M.0 Date 12 19 05 file Flood Zone AE Flood Elev 9' REVISIONS AND/OR ADDITIONS 9/15/06: Updated, rood detail haws\ent. ielond 2 SHEET 2 OF 3 FREDERICK H. HILDEBRANDT ENGINEER PLANNER SURVEYOR 3152 Northside Drive Suite 201 Key West, FI. 33040 (305) 293-0466 Fax. (305) 293-0237 KEY HAVEN ESTATES LEGAL DESCRIPTION/CERTIFICATION Prepared by undersigned: Small area: From the intersection of the centerline of U.S. Highway No. 1 and the westerly abutment of the Boca Chico Viaduct go S 80'51'47" W along the centerline of U.S. Highway No. 1 a distance of 3710.25 feet; thence N 09'34'47" E a distance of 211.17 feet to a point in the northerly right of way line of U.S. Highway No. 1; thence continue N 09'34'47" E a distance of 492.16 feet; thence N 05'20'37" E a distance of 292.56 feet to the Point of Beginning; thence S 84'39'23" E a distance of 50.00 feet to a point on a curve with radius of 263.27 feet and a central angle of 04'46'26"; thence northeasterly along said curve a distance of 21.94 feet; thence N 84'39'23" W a distance of 10.83 feet to a point on a curve with radius of 50.00 feet and a central angle of 41' 15'08"; thence northwesterly along said curve a distance of 36.00 feet to a point on a curve with radius of 25.00 feet and a central angle of 26'06'27"; thence northwesterly along said curve a distance of 11.39 feet to a point on a curve with radius of 213.27 feet and a central angle of 13'04'04"; thence southwesterly along said curve a distance of 48.64 feet back to the Point of Beginning. Road Parcel: From the intersection of the centerline of U.S. Highway No. 1 and the westerly abutment of the Boca Chico Viaduct go S 80'51'47" W along the centerline of U.S. Highway No. 1 a distance of 3604.95 feet; thence N 05'20'37" E a distance of 206.56 feet to a point it the northerly right of way line of U.S. Highway No. 1 and the Point of Beginning; thence continue N 05'20'37" E a distance of 761.08 feet; thence N 84'39'23" W a distance of 50.00 feet; thence S 05'20'37" W a distance of 773.99 feet; thence N 80'51'47" E a distance of 51.64 feet back to the Point of Beginning. Parcel contains 38,376 square feet, more or less. CERTIFICATION: I HEREBY CERTIFY that the attached PEC/F/C PURPOSE SURVEY is true and correct to the best of y knowledge and beleif; that it meets the minimum technical standards adopted by th Florida Board of Land Surveyors, Chapter 61G17--6, Florida Statute Section 47 .027, d the American Land Title Association, and that there are no visible encr achoe �i.aless shown hereon. FREDERICK H. HILDEBFANgT / Professional Land Survey_ o. 749 Professional Engineer No. 36810 State of Florida Key Haven Estates <ey Haven, Key West FL. 33040 SPECIAL PURPOSE SURVEY Scale 1 1 719705 1 file Fia� REVISIONS AND/OR ADDITIONS Updated, road detail, legal haven\ant. island 2 NOT VALID UNLESS EMBOSSED WITH RAISED SEAL SHEET 3 OF 3 wq o FREDERICK H. HILDEBRANDT 05— 520 ENGINEER PLANNER SURVEYOR By C.M.0 >d Elev. 9' 3152 Northside Drive Suite 201 Key West, FI. 33040 (305) 293-0466 Fox. (305) 293-0237 I 1 I I 1 i 1 1 1 1 1 KEY HAVEN ESTATES Curve number 1 ? N.84' P'23"W. Radius= 263.27' Delta= 0446'26" 8 Key Haven Terrace Arc= 30.54' Tangent= 10.97' Chord- 21.93' P.O.B. Chord Brg.= N.01'04'59"E. S.84'39'23'E. Curve number 2 -------------- Radius— 50.00' Delta= 41'15'08" Are— 36.00' Tangent= 18.82' Chord= 35.23' Chord Brg.= N.64'01'50"W. Curve number 3 ---- Radius= 25.00' Q Delta= 26.06'27" Arc- 11.39' i Tangent= 5.80' Chord= 11.29' Chord Brg.= N.56'27'29"W. n� NO oN MO �. Curve number 4 Radius= 213.27 Delta- 13'04'04" Arc= 48.6 2 Tangent- 4.43' i \►18�`A/"Jjl Chord= 48.54' 0 4 Chord Brg.= 5.01'11'26"E. F W 7 11D �jjgtlt of 144 y VOe 0 7 West End of 2 Boca Chico Vloduct Sta, 129+66.17 4 ,ui lI �� N ad NO. 5) (State R c Z S.8�51'47•Mi• 3,710.25' 1 c HAY NO. Nate: U• P.O.B. = Point of Beainnina Key Haven Estates Key Haven, Key West FL. 33040 SPECIAL PURPOSE SURVEY g 05-520 Scale 1"= 50' Ref. IMod Pond N. 1529 K awn. By C.M.0 Date 12/19/05 A file IFIGod zone AE IFWd Bev. 9' 0 SHEET 1 OF 2 1 FREDERICK H. HILDEBRANDT ENGINEER PLANNER SURVEYOR 3152 Northside Drive Suite 201 Key West, FI. 33040 (305) 293-0466 Fax. (305) 293-0237 KEY HAVEN ESTATES LEGAL DESCRIPTION/CERTIFICATION From the intersection of the centerline of U.S. Highway No. 1 and the westerly abutment of the Boca Chica Viaduct go S 80'51'47" W along the centerline of U.S. Highway No. 1 a distance of 3710.25 feet; thence N 09'34'47" E a distance of 211.17 feet to a point in the northerly right of way line of U.S. Highway No. 1; thence continue N 09"34'47" E a distance of 492.16 feet; thence N 05'20'37" E a distance of 292.56 feet to the Point of Beginning; thence S 84'39'23" E a distance of 50.00 feet to a point on a curve with radius of 263.27 feet and a central angle of 04'46'26"; thence northeasterly along said curve a distance of 21.94 feet; thence N 8,V39'23" W a distance of 10.83 feet to a point on a curve with radius of 50.00 feet and a central angle of 41'15'08"; thence northwesterly along said curve a distance of 36.00 feet to a point on a curve with radius of 25.00 feet and a central angle of 26'06'27"; thence northwesterly along said curve a distance of 11.39 feet to a point on a curve with radius of 213.27 feet and a central angle of 13'04'04"; thence southwesterly along said curve a distance of 48.64 feet back to the Point of Beginning. CERTIFICATION: I HEREBY CERTIFY that the attached SPECIFlC PURPOSE SURVEY is true and correct to the best of my knowledge and beleif; that it meets the minimum technical standards adopted by the Florida Board of Land Surveyors, Chapter 611317-6, Florida Statute Section 472.027, and the American Land Title Association, and that there are no visible encroachments unless shown hereon. FREDERICK H. HILDEBRANDT Professional Land Surveyor No. 2749 Professional Engineer No. 36810 State of Florida NOT VALID UNLESS EMBOSSED WITH RAISED SEAL SHEET 2 OF 2 Key Haven Estates Key Haven, Key West FL. 33040 SPECIAL PURPOSE SURVEY w9' 05— Scale 1"= 10' 1 JIlood Panal No. 1528 K Own. By 1 Date 12/19/05 1file Flood Zane AE Flood Elev. FREDERICK H. HILDEBRANDT 5 0 ENGINEER PLANNER SURVEYOR 3152 Northside Drive Suite 201 Key West, FI. 33040 (305) 293-0466 Fax. (305) 293-0237 Property Information for 1157431, Page 1 of 2 MONROE COUNTY PROPERTY APPRAISER PROPERTY INFORMATION FOR: Alternate Key: 1157431 RE Number: 00123140-000000 rropem Letans Om_O__VRECO" Mt>NROE COUNTY ROAD 500 WHITEHEAD STREET KEY WEST FL 33040 PHiSICAL LOCATION STOCK ISLAND LFGAL DESCRIPTION !6 67 25 CC67526-06 LITTLE RACC(K)N KEY PT LOT 1&AD;1 BAY BTM OR130-71-73 SECTION. TORNsHIP, RANGE 2h-67-25 MILLAGE GROUP [00A PC CODE 940() - RIGHT OF WAY 1ALL ROADS) 1Q PROPERTY MAP L'anu LeTaus L.%ND USE CODE FRONTAGE DEPTH LAND AREA 000E - EASEMENT 0 0 0.89 AC Parcel Value History TAX ROLL YEAR BUILDING MISCEELLANEOVS LAND -- -- — - IMPROVEMENTS _-- 2006 0 U 1.335 21N)5 a (1 1.335 2004 (t U 1. 33i 2003 1) 0 1.335 20412 0 11 1.3,15 21NII 11 U 1.335 241410 n u L335 1999 1) 11 1 i 3 i 1998 n it 1.335 1997 0 0 L' 35 1996 h I t 1.335 1995 (1 U L'35 1994 u u 13 35 1993 1992 0 i t 1.335 1991 0 tl 1.335 http://www.mcpafl.org/datacenter/search/record.asp fluff 1,335 1,335 1.335 1.335 1.335 1.3 3; 1.33i 1.335 1.335 1.335 1.335 L335 1335 1.335 1,335 1.33; EXEMPTIONS(NOT TAXABLE INCLUDING. SENIORS 1.335 U L335 0 1,3ii O 1.33i 11 1.33i 1.335 (t 1) 1.,3j (t 1.33i I) 1,335 �t L335 (t 1. 3: n 1,3 3-5 1.;35 I t �) 1.335 U 1.33i 11 1.335 U 3/7/2007 9 RFC 445 rA4E 852 ��6 1858'72 sun am i oanrrt or tI Streets in ZW oo "1e211 Dim (M. MAI NA. SIM. 101. 9M.) Bav+ai B Aeditims Uaca r men.;. this 13th say of ,Taaaary s them mol. COWnttr,: 1'i+oridsi ps W of ghee first part, OVA the 10101 , Yi 'f(W �aU a YCWfit Ot the OF m2mmucs or tbO Wdd'ps rq► of the ttrst part, for aunt. i>t con.id tr t of tha'suer`st >11.O0�to It in hand paid ,br the party of the second purt,seeeip *mreot Safi bs ipP i keo+rlWd®edrMes V iotld, .bormimA cad i01d. to the party o the second p +r`3ti.suecessorshand essips, forever, the igllawiag described i T►7►ia6Nsnd�1>lft in tDourttir, llcarda t Paroel. 200• Sactics' 90yfo-�G3a All the 7rlgbts mA interests of Nm roe O mtlr into dedicated and used streets as am mdat according to certain plats tiled is the NMI Records of Monroe County, said streets and plate more particulmIr described as f*22v S Plat of mm HAVEN - P.B.h, at Page 46 Aster Terrace, Azalea Drive, AU=aada Avmms o o and bey Haven Boulevard F` my n+a n IDii HAv1Ri4rvzT ADDZ'1= - P.B. 4, at Pace 63 = -n Arbutus Drive 52 52 N N � MW HOVER-SECORD ADDn= - P.B. $, at Page 93 m �" �c Fn Amaryllis Drive, bey Bavem Road and $ R o Allamenda Avenge •g -1 30 p is HAV=-A]Mrr-T=- P.B.4, at Page 115 Atlsmenda Terrace and All;aanda Avenue KZr HAVEN POUM AffiiTZ11-P.B.4, at Page 152 bey Haws Terrace AND Tnat part of be7 Haven Boulevard from State Read 5 (U.S.Highv&7 1) Hortherlj, said part as recorded in Official Record Book 130, at Pages 71 tbra%h 73 inclusive of the Public Records of Moores County, Florida eau portions Of other dedicated streets lying within the proposed Riabt of tiny as atom on the Right of INN Nap of Section 90550-2618 as tiled in the office of the Clerk of Circuit Courts Monroe C=W, Florida, all in tbrasUP 67 Swath, Ramp 23 Xasts Racoons MJi rT, All the rights and interests of Monroe Canty Into the dedicated end used 5 foot easeaent rhich lies vithia 2.5 feet each side of the lat lice eo®oa to Lot ib, Block l end camom to Lot 16, 33+ock 2 all according to the said pLt of blip HAVIK-XWM AD:1I'ZDXe THIS INSTRUMENT PREPARED BY R. L HALL DATED OCT 61969 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORT LAUDEROALE. FLORIDA DESCRIPTION APPROVED 7AIRIDINA tatb of orida:, haiJai'its pri 1s oI h d - qsw tbnaty f Monroe; &ad State of Yiorida, s6d � L` 1faCt.A�; .Ai. sad ItAMtY YcCLArN, his wife, of the Comity of -Monroe, and State of Florida, arties of the first part, 0� , &'tRT�, OF FLORIDA, a political subdivision of the State of Florida, party of the second part, WITNXSSE-TH, That the --said patties of the first part, for and in consideration of the sun of Ten Dollars ($10.00) and other valuable considerations, to then in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, have granted, bar gained and sold to the said party -of the second part, its.successors and assigns forever, the following described land, situate, lying, j and being in the County of Monroe, state of Florida, to -wit: The parcel of land herein -described is located on Raccoon Hey, Monroe county, Florida, and adjacent supmerged land and is part of Lot 2; Soctiomi 26-, Township 67 South, Range 25 East and is more.partiaslarl$p described as follows- - From the intersection of the centerline of. U. S. High*" � — NumbeF -i--and-ihseast vi ght- Haven r Boulevard (extended) accord,49 tb'ths plat of Uy", a subdiyJAion secord*d 10 8co% 4, at. Page: 48 cf < y YonroW.£a"ty:o!!lcisl go Worth 5 degrees 4$'; minutes 50 beeonds ,Sast'liong'_ the said.east right-of-,*gy, ` line of Key Haven Boulevard (extended) a distance of::., 206.53 feet to a point in the northerly right-of-way line o3 'II. S. Highway Number 1, which point is the pol*t -Q2 innin •thence continne,Noith 5 degrees 45 minutes 50 seconds Bast alongthe'. e - Haven Boulevard a distanoo o `.?84:,?Q feet tc; apoint of curve; thence North. $4 14�at4antes,10 seconds Meet a distance of 50 fee *,Of curve; thine South 5 degrees_. 4$ minutes_ 50 secc�o .*pot along. "the "at: right- of-way line of lCey Mtn► a'8on ; trt t d�ij "i►r-17T B7- feet to a point in the nortlii*j7 •o jE'Ii7tA;'of 0: S. Highway Number l; them. *iWW.a degra" 1T.ai.iaMtes East along the northerly r! I3IIjjt'"ois Highway Number 1 a di tanaw 90.ia4 I"t Ye fx point of beginning'. 91 containing.8$5 aa3rss Ana, the said pirtiea of tie f,isra; g �Niliat t,$a title to #aM_a4` of a hatch* 0 N M - I m 2 Cl— LL -� L m n v 0 ^ I C _1 0 U e m 0 0' 1 U o o 22 ,Q .0 21- 510� ol (n j RE,3Z1 2 L� O <I 1L, -~ 20 Lt� 0 \ 50 A 8 LUJAN ETUX OR 321-1-8 i a GOVT'LOT 2 ti 26- 67-25 0 0.6 AC / E12310 ' J J 4 ? Q �0 0 tl Io.es ac- pAvoTM 80 AC FILLED SA Y'aTM S �.� °°, F 6a G 9 s�O °° �` NE ~J n i DEED N022077119444)(PARCEL 2) Spo k6 ►14 'J21- 1-8(PARCEL 5) �P )0257-496-497 °� qC of Pp r' —, / RE12317 i►`S� RE12315 � 2 o�o ass 52M46 0 7S" / ONR ••� O 75 -2757pZ65' J �)� �04006_1)70UN�TY 64.26' ti 212.48 _ \ a 6 v M 0 / ~� 4 / a x / 1?00 9e,39? ?0 Q C 200• 0Er393n E. LETTERS OF NO OBJECTION — UTILITIES Water Electric Cable Phone Wastewater RAP: A portion of Key Haven Boulevard C 4rman Marathon Florida Keys ` J. RDow Aqueduct Authority Key West Elena Z. Herrera Post Office Box 1239 ,f secretaryfT^' 1100 KffMdy Drive Rockland Key 9 T3 op eome (305) 296-2454 Rose g PiM. � Te www.fkaa.com �,.a David C. Ritz Key Largo April 3, 2006 James C. Reynolds Bcecutive Director Rick Milelli, PE Historic Tours of America, Inc. 201 Front Stred,- Suite-207 Key West, FL 33040 RE: Abandon a portion of Key Haven Boulevard right of way S. of Key Haven Terrace and N. of U.S. 1 Dear Mr. Milelli: The FKAA Board of Directors approved at the March 23, 2006 meeting, the above referenced project. Pursuant to your request for the abandonment of the above -reference property, Staff has researched your request and have no objection to the request of the partial abandonment. The developer of the site will be building homes and will be responsible for the addition of utilities to the site. The FKAA has no facilities in this section of roadway no is there any present or future need for any. If you have any questions, please do not hesitate to call this office. Sincerely, FLORIDA KEYS AQUEDUCT AUTHORITY Edgar F. Nicolle, Jr. Distribution Design Specialist EFN/cma cc: Kirk Zuelch, General Counsel Arlyn Higley, Director of Maintenance Dept. Monroe County Building Department • 9 MSTORIC TOURS OF AMERICA, INC.® ite207 20� Wt�;o Suite 20 The Nations Storyteller"® a 33040 (305) 293-3Z63 http://www historictours.com Fax (305) 296-3927 hick Milelli, P.E. Project Engineer Email• rmilelli@histourietours.com February 16, 2006 Edward Nicolle Florida Keys Aqueduct Authority 1100 Kennedy Drive Key West, FL 33040 RE: Key Haven Boulevard .Abandonment Key Haven, Florida Dear Mr. Nicolle: l"`x--" y On behalf of Key Haven Estates Ltd, I am respectfully requesting permission to abandon Key Haven Boulevard on Raccoon Key. The Developer would like build homes on the land currently occupied by the road If you have any questions or need additional information, please call me. Sincerely, fe---- I Rick Milelli Historic Tours of America OLD TOWN TROLLEY TOURS. Boston • Key West • St. Augustine • San Diego • Savannah • Washington, DC CoNCH TouR TRw • KEY WEsr Assn m • KEY WM 5MMM x HINOREws • F[A LM's STAnorr • HEMAm HnRwft TouRs Mnu osr SQEW?E FFs MAL MARReMAM • HAWY S TRuavw Lmiz Wxrre Hova • ScHoow.R WWMW UMN • ScHooxm AMEwcA YANNu FREEomet H • Snit DsEGa SEas • SM DMco OLD Town WMWt BosroN TEA PARTY SHw & MusEUM ,„ • DC D x* • GHosrs & GRAvmTmws •, B'd La6E962 SWINISW3 H1H dBE=bO go LI qa3 (305) 295-1000 1001 James Street PO Box 6100 Key West, FL 33041-6100 www.KeysEnergycom UTILITY BOARD OF THE CITY OF KEY WEST February 27, 2006 Mr. Rick Milelli Historic Tours of America 201 Front Street, Suite 207 Key West, Florida 33040 RE: Abandonment of Key Haven Boulevard Key Haven, Florida Dear Mr. Milelli: Keys Energy Services has no objection to the proposed abandonment as per the attached survey. If you have any questions, please feel free to contact me at (305) 295-1055. on of Engineering Sincerely, c: L. Tejeda, General Manager & CEO I Wetzler, Asst. General Manager & CFO D. Finigan, Director of Electrical Operations D. Price, Director of T&D/Electrical A. Tejeda, Director of Customer Service File: ENG-013 1 0 A I . 10 0 HISTORIC TOURS OF AMERICA, 201 Front Street, Suite 4 INC., Key West, Florida 33040 "The Nation's Storyteller"S (305) 293-3263 http://www.lAstorictours.com - Fax (305) 296.3927 'qme. ag Rick N ilelli, P.E. Project Engineer Email: mvletG@histourictours.com Matthew Alfonso Keys Energy Services 1001 James Street Key West, FL 33040 RE: Key Raven Boulevard. Abandonment Key Haven, Florida ' Dear Mr. Alfonso: On behalf of Key Haven Estates Ltd., I am respectfully requesting permission to abandon ' Key Haven Boulevard on Raccoon Key. The Developer would like build homes on the land currently occupied by the road. I If you have any questions or need additional information, please call me. Sincerely, ' Rick Milelli Historic Tours of America OLD TOWN TROLLEY TOURS: Boston • Key West • St. Augustine • San Diego • Savannah • Washington, DC ' CONCH TouR TRAIN • KEY WEsr AQVARIVM • KEY WEST SHIPWRECK I-IISTomms • FLAGLER'S STATION • HERITAGE HARBOR TOURS MALLORY SQUARE FESTIVAL MARKETPLACE • HARRY S TRUMAN LITTLE WHITE HousE • SCHOONER WESTERN UNION . SCHOONER AMERICA YANKEE FREEDOM II • SAN DIEGO SEALS • SAN DIEGO OLD TowN MARKET ' BOSTON TEA PARTY SHIP & MUSEUM DC DUCKS • GHOSTS & GRAVESTONES su E-d L,36E962 DWIWI9W3 d1H dDEr90 90 LT qa3 }� camcast® Comeast Cable 1010 Kennedy Drive. Suite 200 Key West, FL 33040 February 15, 2006 Historic Tours Of America Attention: Rick Milelli P.E. 201 Front Street Suite 205 Key West, Florida 33040 RE: Key Haven Blvd. Road Abandonment Key Haven Road to Key Haven Terrace Key West, Florida 33040 Dear Mr. Milelli: In. Response to your letter, Comcast does not object to the abandonment of the section of Key Haven Blvd. from Key Haven Road to Key Haven Terrace as described to us on the attached map. If you have any questions or are in need of further information please contact me at 305-809-1255. Sincerely, II 1 Greg Daniels Construction Technician Comcast Cable, Florida Keys E•d L2GE962 9WIWI9143 d1H d6E:-0 90 LT qaj m i u ��c16£ �tr0 90 Li q a 3 9WINI6N3 dIH LZ66963 W.rrami. HISTORIC TOURS OF AMERICA, INC. "The Narioti s Storyteller"m http://www.historictours.com Rick Milelli, P.E. Project Engineer September 15, 2006 Herb Bradshaw BellSouth 650 United Street Key West, FL 33040 RE: Key Haven Boulevard Abandonment Key Haven, Florida Dear Mr. Bradshaw: 201 Front Street, Suite 207 Key West, Florida 33040 (305) 293-3263 Fax (305) 296,3927 Email: rmilelli@histourictours.com On August 3, 2006, Keys Energy Services (KEYS) replaced a wood power pole with a concrete pole on Key Haven Boulevard in Key Haven, Florida (see attached picture). KEYS removed the pole at the request of Key Haven Estates LTD in order to facilitate the abandonment of Key Haven Boulevard. Since a new concrete pole is now available in the County right-of-way, BellSouth should no longer object to the abandonment of Key Haven Boulevard as stated in a letter addressed to me from Bernie Macias of BellSouth dated March 31 t7 2006 (see attached). If you have any questions or need additional information, please call me. Sincerely, U Rick Milelli Historic Tours of America Cc: Greg Daniels, Comcast Suzanne Hutton, Interim County Attorney OLD TOWN TROLLEY TOURS: Boston • Key West • St. Augustine • San Diego • Savannah • Washington, DC CONCH TOUR TRAw • KEY WEST AQUARIUM • KEY WEST SHIPWRECK HIsTOREume • FLAGLER'S STATION • HERITAGE HARBOR TOURS MALLoRY SQUARE FESTIVAL MARKErPLAcE • HARRY S TRuMAN L mu WHrrE HousE • Saioom WESTERN UNroN • ScHooNm AMEmcA YANKEE FREEDOM 11 • SAN DmGo SEALS • SAN DmGo OLD TowN MARKET BosToN TEA PARTY SHIP & MusEm . • DC Dum • GHosTs & GRAVESTONES sa i �A B. Macias Director -Planning & Provisioning 9101 SW 24' ST. Miami, FL 33165 Phone: 305.222.8200 Facsimile: 305.221.4292 March 31 st, 2006 Rick Milelli 201 Front Street, Suite 207 Key West, Florida 33040 Subject: Requested Road Abandonment. - Being a portion of Key Haven Blvd, Key Haven, abutting and between Parcels B, C and "Triangle" as shown on the attached survey. To Mr. Milelli: Our engineering department has reviewed the above referenced request. Presently, BellSouth has existing facilities in the area consisting of a pole, down guy and anchor that support aerial facilities at the NW corner of the shaded area shown on the survey. BellSouth objects to the abandonment of the above referenced Right of Way unless a utility easement is provided for the existing facilities. In the event that your client would like to have the facilities relocated, BellSouth will be willing to relocate the facilities providing that the client cover the cost of the relocation. If further assistance is needed, please do not hesitate to call, Herb Bradshaw, at (305) 296-9077. Sincerely, Bernie Macias Director P&P — BellSouth 1 Np, 1 ORO Y U S. C R/Ml N 4 I ,�o HISTORIC TOURS OF AMERICA, INC. 201 Front Street, Suite 207 West, Florida 33040 "The Nation's Storyteller"® ® Key (305) 293-3263 �- hup.dwww.historictours.com Fax (305) 296-3927 '9mer*�a. Rick Milelli, P.E. Project Engineer Email: rmilelli@histourictouts,com February 17, 2006 Herb Bradshaw Bellsouth 650 United Street Key West, FL 33040 RE: Key Haven Boulevard Abandonment Key Haven, Florida Dear Mr. Bradshaw: On behalf of Key Haven Estates Ltd., I am respectfully requesting permission to abandon Key Haven Boulevard on Raccoon Key. The Developer would like build homes on the land currently occupied by the road. If you have any questions or need additional information, please call me. Sincerely, Rick Milelli Historic Tours of America ' OLD TOWN TROLLEY TOURS: Boston • Key West • St. Augustine • San Diego • Savannah • Washington, DC CONCH TOUR TRAIN • KEY WEST AQUARIUM • KEY WEST StiIPWRECK HISTOREUMe • FLAGLER'S STATION . HERITAGE HARBOR TOURS MALLORY SQUARE FEsTiv& MARKETPLACE • HARRY S TRUMAN LITTLE WmiTE HOUSE ' SCHOONER WESTERN UNION • SCHOONER AMERICA YANKEE FREEDOM II • SAN DIEGO SEALS • SAN DIEGO OLD TOWN MARKET ' BOSTON TEA PARTY SHIP & MUSEUM , , • DC DUcxs • GHOSTS & GRAVESTONES .M z�d LES6962 9NINI9N3 UIH d0E:90 90 LT qa3 F. LETTERS OF NO OBJECTION — ADJACENT PROPERTY OWNERS RAP: A portion of Key Haven Boulevard February 13, 2006 Aref Joulani Acting Director Planning and Environmental Resources Marathon Government Center 2798 Overseas Highway Suite 400 Marathon, FL 33050 RE: Key Haven Boulevard Abandonment Key Haven, Florida Dear Mr. Joulani: On behalf of Key Haven Estates Ltd. (KHE), a Florida Limited Partnership, I am submitting this letter documenting that we do not have any objection to the abandonment of Key Haven Boulevard. KHE are the owners of the properties adjacent to Key Haven Blvd, which are Parcel B and C and the Triangle Parcel. If you have any questions or need additional information, please call ine. Sincerely, Wayne Lj/an/ �) Key Haven Estates Ltd. cc: Tom Williams, The Craig Company Rick Miletli, Historic Tours of America La6e96u 9WIWI9W3 WIH doktipo 90 LI q83 History — RAP: A portion of Key Haven Boulevard BOCC Resolution No. 085-2005 (approved 2/23/2005) Approving Development Agreement Letter of No Objection from DCA 5/27/2005 County Deed dated 1/13/1970 Deed recorded 7/16/1950 I , 01 Doc# 1506583 04/11/2005 24..P11 Filed & Recorded in Official Records 'of 1 MONROE COUNTY DANNY-L. KOLHAGE 11 I Doe# 15. j83 Bk# 2102 P9# 1713 RESOLUTION 085- 2005 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, APPROVING THE DEVELOPMENT AGREEMENT BETWEEN KEY HAVEN ESTATES LTD., (KHE) AND MONROE COUNTY TO BUILD 43 SINGLE FAMILY HOMES AND ACCESSORY USES INCLUDING DOCKAGE AND 10,000 S.F. OF COMMERCIAL FLOOR AREA AT KEY HAVEN SUBDIVISION AND ON THE ENCHANTED ISLAND, MONROE COUNTY, FLORIDA. Q WHEREAS, the affected properties are described as "Parcel B" (unplatted), bounded by Key Haven Terrace, Key Haven Boulevard, and the boat basin/dredged bay bottom; and "Parcel C", (unplatted), is located south of "Parcel B" and connected to it by a strip of land. It is bounded by "Parcel B" to the north, boat basin/dredged bay bottom to the east, Key Haven Boulevard to the west, and right of way of U.S. Hwy 1 to the south; and the "Triangle Parcel" (unplatted), bounded by Key Haven Road, Allmanda Drive, Key Haven Boulevard, and U.S. Hwy 1 right of way, and lots 3 through 8 in the Ninth Addition; and lots 11 through 24 in the Ninth Addition; and lots 17 through 23 in the Fourth Addition; and the "Enchanted Island", (unplatted), located east of Raccoon Key and separated from it by a dredged boat basin, all located in sections 25 and 26, Township 67 South, Range 25 East, Key Haven, Florida, at approximate Mile Marker 6. The Real Estate Numbers are 00116981.000000, 00123100.000000, 00123120.000000, 00123140.000000, 00123150.000000, 00123170.000000, 00123200.000000, 00123210.000000, 00123220.000000, 00123230.000000, 00123250.000100, 00135850.000000, 00135860.000000, 00135870.000000, 00135880.000000, 00135890.000000, 00135900.000000, 0135910.000000, 00139310.000000, 00139320.000000, 00139330.000000, 00139340.000000, 00139350.000000, 00139360.000000, 00139390.000000, 00139400.00WW, 00139410.000000, 00139420.000000, 00139430.000000, 00139440.0000W, 00139450.000000, 00139460.000000, 00139470.000000, 0013948.0.000000, 00139490.000000, 00139500.000000, 00135510.000000 and 139520.000000; . . and - WHEREAS, on June 07, 2004, the applicant filed an application for the proposed' Development Agreement (Agreement) pursuant to Sections 163.3220 - 3243, F.S: jpd Sections 9.5-101 and 102 of Monroe County Code (MCC); and WHEREAS, pursuant to MCC Section 101, "development agreement is intended to vest the existing ordinances and regulation, but not to allow a development to waive or deviate from the regulations in effect on the date that the agreement is executed"; and WHEREAS, on December 6, 2004, the Monroe County Development Review Committee reviewed the proposed Agreement and recommends approval of the portions that are in compliance with the Monroe County Year 2010 Comprehensive Plan (Comp Plan) and the County Code and denial of those portions that are not in compliance. WHEREAS, Staff further recommended that the Agreement be revised to address the outstanding issues outlined in the Staff Report; and WHEREAS, on February 9, 2005, during the review process, the Monroe County Planning Commission, after due notice and public participation in the hearing process, reviewed Doc# aa08583 Bk# 2102 Pg# 1714 r�thTe Agreement and recommended approval to the Board of County Commissioners of the Agreement with the Staff proposed changes; and 4 , WHEREAS, the Monme County Board of County Commissioners (Board) is the local "overnment body having jurisdiction over the review and approval of the Agreement, in ordancc with section 163.3220 - 3243, F.S; and WHEREAS, the public notice requirements of Monroe County for consideration of the =' agreement have been met; and WHEREAS, the public was afforded an opportunity to participate in the public hearing and all parties were afforded the opportunity to present evidence and argument on all issues; and WHEREAS, at a special hearing dated February 23, 2005, the Board reviewed the above referenced documents, the related recommendations of the Planning Commission, as well as all related testimony and evidence submitted by the parties and members of the general public; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA, THAT THE REFERENCED DEVELOPMENT AGREEMENT ATTACHED HERETO AND INCORPORATED BY REFERENCE IS HERBY APPROVED. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a special meeting held on the 23 of February , 2005. aE OF F: :BOUNTY OF i his Copy is a Tro .original on File in . ny hand and,Officia r This day A.D., 20 05' _ � WiNY L. KOL&GZ C�r� Cigit so rt Mayor Dixie Spear Mayor Pro Tern Charles "Sonny" McCoy Commissioner George Nugent Commissioner David P. Rice Commissioner E. Nelson Yes Yes Yes Yes Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY '� /44040 (Seal) ATTtST: - -13A&NY L. KOLHAGE, CLERK j�c . ma"—t;i Deputy Clerk Mayor Spear MONROE COUNTY ATTORNEY APP DYED AS TO FORM qr. �.•ll•r� Doett 1508383 ' Bkp 2102 PqN 1715 ' DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (Agreement) is binding on the "effective ' date" as set forth herein between Monroe County, a political subdivision of the State of ' Florida (County) and Key Haven Estates, Ltd., a Florida Limited Partnership (KHE). WITNESSETH ' WHEREAS, KHE is the owner of real property known as portions of Key Haven Subdivision and Raccoon Key, Monroe County, Florida, located at the entrance to Key ' Haven immediately adjacent to U.S. Highway 1 at Key Haven Road, and containing portions of the following streets: Key Haven Road, Alamanda Drive and Key Haven Boulevard; and also being comprised of an island known as "Enchanted Island" ' connected to U.S. Highway 1 by an improved private road, and being further described as ' attached hereto in Exhibit A (as attached to the original application) — Survey of the KHE Property (Property or KHE Property); and ' WHEREAS, all the Property subject to this Agreement is located in the Florida Keys ' Areaof Critical Concern as defined by Chapter 380.0552, Florida Statutes; and WHEREAS, the Florida Local Government Development Agreement Act, Sections t163.3220—163.3243, Florida Statutes, authorizes local jurisdictions, inclusive of Monroe County, to enter into agreements with landowners to effectuate the provisions and purposes of the Florida Environmental Land and Water Management Act, which created ' the Florida Keys Area of Critical State Concern and the 2010 Comprehensive Plan for ' Monroe County; and Doc# 2508583 Bk# 2102 Pg# 1716 WHEREAS, the Enchanted Island portion of the Property was the subject of a Settlement Agreement between the Florida Department of Community Affairs (FDCA) dated May 8, 1997, Exhibit B (as attached to the original application), and was also the subject of a major conditional use approval by Monroe County, Resolution No. 8-95 (included in Exhibit B (as attached to the original application); and WHEREAS, the following is a statement of the history and circumstances and status of existing uses, land -use applications, and development approvals that apply to the Property: 1. The subject Property is a single-family subdivision with adjacent commercially zoned property. 2. The Property has existed in this capacity for over thirty (30) years, with local and State approvals for the subdivision, various re -subdivisions and building permits for single-family, road construction, utilities and commercial development. 3. The Property consists of parcels with the following land use district designations (zoning): IS — Improved Subdivision SR — Suburban Residential SC - Suburban Commercial 4. Development of sixteen (16) townhomes has been approved for Enchanted Island, which is a part of the Property (see Exhibit B as attached to the original application). Page 2 of 19 Key Haven Development Agreement February 10, 2005 DocM 150b683 Bkq 2102 P98 1717 5.. In the early 1990's the County and FDCA have approved building permits for the expansion and upgrade of the sewage treatment plant serving Key Haven to tertiary standards, but without nutrient stripping. 6. The IS and SR portions of the Property remain eligible for the Allocation of Rate of Growth Ordinance (ROGO) permits for single-family homes; and WHEREAS, the County denied a proposal in 1992 for the utilization of the commercially zoned areas that make up a portion of the Property, citing the need to protect the adjacent single-family subdivisions; and WHEREAS, the predominant development type in Key Haven is single-family homes on various sized lots; and WHEREAS, the Key Haven Subdivision is a prime location for lower density housing for individuals and families whose place of work is Key West or Stock Island; and WHEREAS, KHE and the County agree that the creation of new commercial floor area as could be allowed with the existing zoning of portions of the property would further exacerbate the shortage of employee and affordable housing; and WHEREAS, KHE and the County agree that the preferred development type in Key Haven is the single-family home; and WHEREAS, both the Property and its subdivided lots were in existence at the time of the County's analysis and census of existing dwelling units, July 1990, whose results formed a major basis of the Residential Rate of Growth Ordinance (ROGO) ordinance cited above; and Page 3 of 19 Key Haven Development Agreement February 10, 2005 Doc# 1:-4583 Bk# 2102 P9# 1718 WHEREAS, although the parcels that make up the property subject to this Agreement are not all contiguous, the County will treat them as a single parcel for purposes of this Agreement and development approvals in order that density may be allocated across the property as one entity. WHERAS, property commonly known as the 6`h addition owned by KHE, with the exception of lots 14, 15 and 16, is valuable wetlands habitat that should be protected through a conservation easement or acquisition by a public agency; and WHEREAS, according to the 2004 Monroe Public Facilities Capacity Analysis, there is excess traffic capacity for US Highway 1 serving Stock Island and Kery Haven; and WHEREAS, the County finds that entering into this Agreement furthers the Purposes, Goals, Objectives, and Policies of the Year 2010 Comprehensive Plan and the Principles for Guiding Development of the Florida Keys Area of Critical State Concern designation; and WHEREAS, the upgrading of the Key Haven sewage treatment plant will bring at least 450 existing residences on line to the upgraded system and create at least 600 nutrient reduction credits most of which may be allocated to the County; and i WHEREAS, the immediate Key Haven community has expressed the desire to have the property developed in a manner other than additional commercial uses, which will draw customers from outside the neighborhood, and create the need for additional affordable housing, thus adding to the already large deficit of such housing; and WHEREAS, the completion of the proposed single family subdivision will create an estimated $50-75 million in net new taxable property value; and Page 4 of 19 Key Haven Development Agreement February 10, 2005 Docn 1508583 Bk# 2102 Pq# 1719 WHEREAS, the County and KHE agree and recognize that most of the residential density and lot sizes proposed in the site plan are derived from existing platted- lots currently zoned Improved Subdivision (IS) and previously approved development on Enchanted Island; and NOW, THEREFORE, the parties do hereby agree as follows: I. PURPOSE OF AGREEMENT. The purpose of this Agreement is multi -fold: A. To provide a rational method for the completion of the existing Key Haven Subdivision. B. To avoid costly litigation between the parties with regard to KHE's ability to develop the lots within the 6th Addition and adjacent un-subdivided property. C. To eliminate an inappropriate commercial land use district designation on the Property that is more suited to residential use. D. To limit the number of residential units to be developed on the Property as portrayed generally on Exhibit C (as attached to the original application) 43 single-family homes. E. To recognize and protect the private property rights of KHE, and balance those rights with the County's responsibility to protect valuable natural resources and to comprehensively plan and execute the rational development of communities such as Key Haven. Page 5 of 19 Key Haven Development Agreement February 10, 2005 DOGS 1508583 BkN 2102 P9# 1720 II. STATUTORY AND CODE REQUIREMENTS The parties recognize the binding effect of Sections 163.3220—163.3243, Florida Statutes as to the form and content of this Agreement and in accordance therewith set forth and agree to the following: A. Legal Description and Ownership The properties that are subject to this Agreement are described in Exhibit A (as attached to the original application) - Survey of the KHE Property. B. Duration of Agreement This Agreement shall remain in effect for ten (10) years from its effective date as defined herein. It is the intention of the County and KHE to promote rational and timely development of the Property to maximize best land use management practices consistent with the landowner's rights and commitments described herein. C. Permitted Uses 1. The development uses permitted on the Property, including the generalized lot layout, the population densities and building intensities as set forth on Exhibit C (as attached to the original application), KHE Key Haven Development Plan, specifically, forty-three (43) single-family estate lots and 10,000 square feet of professional and service commercial floor area which will be subject to the Monroe County Non Residential Rate of Growth Ordinance, NROGO at the time of application for building permits for such commercial uses. 2. Accessory uses, including but not limited to sewage treatment plant, landscaping, and accessory storage for each unit. Page 6 of 19 Key Haven Development Agreement February 10, 2005 Docu 1508583 Bk# 2102 PgN 1721 3. Dockage for the residential lots will be to be limited to 1 dock space per residential unit not to exceed 43 in total. Docks shall not be used for any commercial purpose and are accessory to each dwelling unit. 4. Roads and utilities to serve the development. For the duration of this Agreement, the parties agree that any and all of the approved development shall adhere to, conform to, and be controlled by this Agreement, Exhibit C (as attached to the original application) , the Land Development Regulations, and the Year 2010 Comprehensive Plan governing the development of the land effective when the County and KHE execute this Agreement as authorized by Section 163.3220, Florida Statutes. Should the County adopt any new Comprehensive Plan Policy, Land Development Regulation or any other regulation which would serve to better achieve the purposes of this agreement or be more advantageous to the developer to implement the planned redevelopment, to the extent that such new regulations or policies do not materially conflict with the provisions of this agreement, then KHE make utilize such regulations and policies to implement the development .In the event that all or a portion of the existing or authorized development subject to this Agreement should be destroyed by a storm, fire, or other common disaster, KHE, their grantees, successors, or assigns shall have the right to rebuild or repair so long as such work is in compliance with this Agreement. D. Public Facilities 1. The Florida Keys Aqueduct Authority provides domestic potable water to the Property. Page 7 of 19 Key Haven Development Agreement February 10, 2005 Doetl 1t_ -383 Bk# 2102 p9p 1722 2. Electric service to the Property is provided by Keys Energy Services . 3. Solid waste service is provided to the Property by a solid waste collection system franchised by Monroe County. 4. KHE shall provide wastewater and sewage collection and disposal via the existing onsite package sewage treatment plant approved by the Florida Department of Environmental Protection (DEP) at the time of building permit application. 5. KHE shall construct, own and maintain all new roads, drainage utilities, landscaping, signage and docks in the development. E. Local Development Permits The following is a list of all development permits approved or needed to be approved for the development of the Property as specified and requested in this Agreement: 1. Approved Development Permits a. This Agreement. 2. Further Development Permits Required a. The approved final site plan, landscape plan, drainage plan, and building elevations and floor plans as encompassed by and referred to in the Monroe County Planning Commission Resolution for the subdivision and development set forth on Exhibit C (as attached to the original application) for the redevelopment of the Property, as contained in a major conditional use application. b. Amendment of the future land use category of the Triangle Parcel from Mixed Use Commercial (MC) to Residential Low (RL) and of lots 6, 7, Page 8 of 19 Key Haven Development Agreement February 10, 2005 tlaa 130ba63 8ka 21102 Psis 1723 and 8 of the Ninth Addition from Mixed Use Commercial (MC) to Residential Medium (RM). c. Rezoning of the Triangle Parcel frown Suburban Commercial (SC) to Suburban Residential (SR) and of Lots 6, 7, and 8 of the Ninth Addition from Suburban Commercial (SC) to Improved Subdivision (IS). d. An Approved Major Conditional Use Development Order for redevelopment of the Property with utilities, dockage and roads. e. An Approved re -subdivision of the Property by num s of an amended plat. f. Building and related construction permits for all main and accessory structures, land clearing, and landscaping, as appropriate. g. State, South Florida Water Management District, and Monroe County permits for storm -water runoff and dredge and fill, if required. IL Purchase of 15.0 Transferrable Development Rights required for development of Enchanted Island and lots on the manda nd portion of the P"92ty. L Abandonment of Key Haven Boulevard firm US 1 up to its intersection with Key Haven Terrace. F. Finding of Consistency F By entering into this Agreement, the County fends that the development t permitted ar proposed herein is consistent with and fwtlters the Monroe County Year 2010 Comprduensive Plan and all applicable Land Development Regulations. Page 9 of 19 Key Havcn Development Agreement February 10, 2005 Doc# 15046,A3 Bk# 2102 Pa# 1724 G. Breach, Amendment, Enforcement, and Termination Exclusive of any others except those imposed by law, the following additional conditions, terms, restrictions, or other requirements are also determined by the parties to be necessary for the execution and enforcement of this Agreement: 1. Breach of Agreement and Cure Provisions a. Upon KHE's material breach of the terms and conditions of this Agreement, Monroe County shall serve written notice on and shall provide KHE the opportunity, within ninety (90) days, to propose a method of fulfilling the Agreement's terms and conditions or curing the breach. The County shall allow KHE an opportunity to cure the breach or to negotiate an amendment to this Agreement within a reasonable time, not to exceed one hundred eighty (180) days after KHE's response or proposal absent exigent circumstances. b. The following events, unless caused by fire, storms, floods, or other acts of God or events beyond the control of KHE are to be considered a material breach of this Agreement: (1) the failure to maintain the open space provisions of this Agreement as generally shown in Exhibit C (as attached to the original application); (2) the failure to maintain conditions placed on permits or approvals contained in or issued as a direct result of this Agreement; (3) the failure to comply with applicable permitting requirements of Monroe County after notice and opportunity within ninety (90) days to commence to comply with such permitting requirements or, if applicable, to commence compliance with such requirements and have them completed within a reasonable time frame, 10 of 19 Key Haven Development Agreement February 10, 2005 Docp 1508�..3 Bkq 2102 P9N 1723 not to exceed one hundred eighty (180) days, as mutually agreed by the parties if compliance requires more than sixty (60) days. c. If Monroe County, through its Director of Planning, finds that KHE or a successor is in material breach of this Agreement, and after notice is given as provided herein to respond to or cure said breach KHE fails, within a reasonable time, to respond, cure, or secure an amendment resolving the breach, the County may utilize appropriate code enforcement remedies to cure any breach. 2. Amendment, Termination, or Revocation 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. Amendments to this Agreement shall subject KHE to the laws and policies in effect at the time of the amendment only if the conditions of Section163.3233 (2) Florida Statutes are met. It is further agreed that no modifications, extensions, amendments, or alterations of the terms or conditions contained herein shall be effective unless contained in a written document approved and executed by the parties to this Agreement. 3. Hearing Requirements a. Before amending, terminating, or revoking this Agreement, Monroe County shall conduct at least two (2) public hearings. Page 11 of 19 Key Haven Development Agreement February 10, 2005 DocN R 583 Bkp 2102 Pga 1726 b. Notice of intent to amend, terminate, or revoke this Agreement shall be advertised at least seven (7) days before the public hearing in a newspaper of general circulation and readership in Monroe County. The day, time, and place of any further public hearing shall be announced at the first public hearing and the date thereof shall be advertised at least seven (7) days before such public hearing. The notices shall specify the location of the property subject to this Agreement, the development uses proposed on the property, the proposed population densities, and the proposed building intensities and height, and shall specify a place where a copy of the proposed amendment, termination or revocation, and supporting information can be obtained. 4. State and Federal Law If State or Federal laws enacted after the effective date of this Agreement preclude any party's compliance with the terms of this Agreement, this Agreement shall be modified as is necessary to comply with the relevant State or Federal laws; however, this Agreement shall not be construed to waive or supersede any contention under law that KHE has acquired vested rights under prior law. 5. Enforcement a. Monroe County, KHE, their successors or assigns, or any aggrieved or any adversely affected person as defined in Section 163.3215(2) Florida Statutes may file an action for injunctive relief in the Circuit Court of Page 12 of 19 Key Haven Development Agreement February 10, 2005 Docu 2508, , Bkq 2102 Paq 1727 Monroe County to enforce the terms of this Agreement or to challenge compliance with the provisions of Section 163.3243, Florida Statutes. b. Nothing contained herein shall limit any other powers, rights, or remedies that any party has, or may have in the future, to enforce the terms of this Agreement. III. Compliance with Other Laws The failure of this Agreement to address a particular permit, condition, term, or restriction shall not relieve KHE of the necessity of complying with the laws governing said permitting requirements, conditions, terms or restrictions. IV. Additional Provisions A. Future Land Use Map Zoning Designation and Timing of Conditional Use Applications The County shall allow KHE to submit an application for conditional use and re -subdivision approval of the Property contemporaneously with the County's initiation of the change of Future Land Use Map for the KHE Property. The County shall request the State of Florida Department of Community Affairs (DCA) to expedite or "fast track" the request to amend the Future Land Use Map, as allowed by applicable State Statute. Approval of conditional use applications and subdivisions shall be contingent upon approval of Future Land Use Map changes. Should the FLUM and appropriate zoning designation change not be approved by the County and State of Florida, this Agreement shall become null and void. Page 13 of 19 Key Haven Development Agreement February 10, 2005 DOCK 1508583 Bkq 2102 PgN 1728 B. Transferable Development Rights KHE shall be required to purchase and apply to the lands to be developed not more than 15.0 transferable development rights for the development of the ten (10) single-family lots on the parcel known as Enchanted Island, the six (6) single family allocations transferred from Enchanted Island and the three (3) lots created from lands currently zoned to SR. C. Dedication of Environmentally Sensitive Lands KHE shall dedicate to the County or other conservation public agency or private land conservation group the entirety of the undeveloped a Addition with the exception of lots 14,15 and 16 which are not owned by KHE as an open space preserve with the condition that it remain in its natural state with no recreational use allowed. The County agrees to allow KHE to use the lands as mitigation for any permits required by the County and/or state of federal agencies for the filling of wetlands or impacts associated with the completion of all elements of the development authorized by this Agreement. KHE shall dedicate said lands upon issuance of the first residential building permit. D. Affordable Housing Requirements The County agree that KHE may meet the requirements of Section 9.5-266(b) of the Land development Regulations, "Provision of Affordable Housing" by linking as allowed by Section 9.5-266(c) to an approved affordable housing project of 18 units to be built on Maloney Avenue on Stock Island, and that his linkage shall completely satisfy the requirements of the affordable housing obligation. Page 14 of 19 Key Haven Development Agreement February 10, 2005 Doen 1508563 Bkp 2102 P90 1729 E. Tier System Designation KHE and the County agree that the entirety of the lands proposed for development allowed by this Agreement are properly within the designation of Tier 3 "Infill". F. Wetland Setbacks The ability to achieve a proposed thirty (30) foot setback shall be based upon the final plat for the subdivision and any South Florida Water Management District and Florida Department of Environmental Protection permits for filling lands adjacent to such wetlands. The shoreline setback on Enchanted Island shall be twenty-five (25) feet as specified in Exhibit B (as attached to the original application). G. Termination of Legal Proceedings Against County Upon the signing of this Agreement by all parties and its subsequent recordation with the Monroe County Clerk of Court, KHE shall terminate, withdraw, and cease all claims and actions in law against Monroe County and DCA filed in local or circuit court or court of appeals related to zoning, site development, or code enforcement on the KHE Property. H. 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. Recording fees shall be paid by KHE. I. Entire Agreement This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or Page 15 of 19 Key Haven Development Agreement February 10, 2005 DoeN M 83 Bk# 2102 P9p 1730 understandings concerning the subject matter of this Agreement that are not contained in or incorporated into this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. J. 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 shall not be invalidated thereby and shall be given full force and effect. K. Jurisdiction and Governing Law The parties hereto agree that any and all suits or actions at law shall be brought in Monroe County, Florida, and no other jurisdiction. This Agreement shall be construed and interpreted under the laws of the State of Florida. L. Conflicting Resolutions All resolutions or parts thereof in conflict with the provisions of this Agreement and its resolution are hereby repealed to the extent of such conflict. M. Successors and Assigns This Agreement shall be binding upon the parties hereto, their successors in interest, heirs, assigns, and personal representatives. N. Notices All notices, demands, requests, or replies provided for or permitted by this Agreement shall be in writing and may be delivered by any one of the following methods: (a) by personal delivery; (b) by deposit with the United States Postal Page 16 of 19 Key Haven Development Agreement February 10, 2005 Doe# 13 P9p 1731 Bk# 2102 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. Notice shall be deemed effective upon receipt. For purposes of notice, demand, request, or replies: The address of Monroe County shall be: Mr. Thomas Willi County Administrator 1100 Simonton Street Key West, Florida 33040 The address of the KHE shall be: Mr. Wayne Lujan 1104 Truman Avenue Key West, Florida 33040 O. Effective Date The effective date of this Agreement shall be thirty (30) days after the duly signed and recorded Agreement is approved by the Florida Department of Community Affairs pursuant to Chapter 163, Florida Statutes. Page 17 of 19 Key Haven Development Agreement February 10, 2005 Doc# 15085" Bk# 2102 Pq# 1732 IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year below written. Signed, sealed, and delivered in the presence of: Witness: (FLORIDA) n / Geee /';0 ..rJb2e- Print Name 3 � , Signature State of Florida County of Monroe Key Haven Estates, LTD. By: etty Luj jeneral Partner Dated: 3 /3 1 r0 S' The foregoing instrument was acknowledged before me on this day of w—AK 2005, by .;&7-r/ Xgd( and . -Thor ,fvE /s are personally known to me or produced identification an did not take an oath. as Id -Y Notary Public Printed name My commission expires: /011x/t� My commission number: Ahl,;7%3/f THERESE R SCARBROUGF# r= W COMMISSION #+ D0 Imig ' EXPIRES: October 18, 2006 14 1 ftxMdTInNotPpAjbhcUndprMrlters APPROVAL OF MONROE COUNTY BOARD OF COUNTY COMMISSIONERS On the �0� day of A z rvaa. r �Z , 2005 Monroe County Board of 00, County Commissioners approved this Development Agreement by Resolution No. oPX-.q°°'S ATTEST: MONROE COUNTY, FLORIDA DANNY KOLHAGE zg�; >077. 4440 By: MAYOR Dixie Spehar D"n 1508583 Bkll2102 P911 1733 Page 19 of 19 Key Haven Development Agreement February 10, 2005 DocU 1508583 Bkp 2102 PgN 1734 EXHIBIT A (PER DEVELOPMENT AGREEMENT) C)oc# 1508583 Bit# 2102 pg# 1735 1 1 IT �- I ,'" \ 4 m A P G Z 0 N D A it y A N A Iz- W ML Doop 1508583 Bk# 2102 Paq 1750 MONROE COUNTY OFFICIAL RECORDS FILE # 1 0 1 2 `9 9 7 BRIl4465 PG#1382 AGREEMENT RCD Jul 09 1997 09:32AH DANNY L KOLHAGE, CLERK Wayne Lujan This agreement is entered into by and between Wayne Lujan, Owner and General Contractor, or "Owner" or "Lujan"; and the FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (" the Department" or " DCA'J. WHEREAS, Wayne Lujan is the owner of real property known as "Enchanted island" located at section 25, Township 67, Range 25E, at Mile Marko 6; East of Key Haven, in unincorporated Monroe County, Florida, more particularly described in the Monroe County Major Conditional Use Tvo%'iei.ao. 8-95 and site plans, attached as Composite Attachment "A"; and WHEREAS. the Department is the State land planning agency with the duty and responsibility of adnunistering and enforcing the provisions of Chapter 390, Florida Statutes, the Florida Environmental Land and Water Manageimt Act of 1972 ('The Act"). and the rules and regulations promulgated thereunder, which include statutory and rule provision relating to development within the Florida Keys Area of Critical State Concern; and WHEREAS, pursuant to Section 380.032(3), Florida Statutes, the Department is authorized to enter into agreements with any landowner, developer, or governmental agency as may be necessary to effectuate the provisions and purposes of The Act or any rules promulgated thereunder, and l 1 Lu'1aWDCA ® May 1997 EXEM .. A ._ Doe# 150S583 Bk# 2102 P## 1749 EXHIBIT B (PER DEVELOPMENT AGREEMENT) 1.6 FILE # 1 0 1 PG 9 3 8 3 B tt t# 14 6 5 WHEREAS, on 8 September 1995, The Department appeak&Monroe County's • granting of the Major Conditional Use approval as Development Order no. M5; and WHEREAS, the Department of Community Affairs filed an appeal of the Monroe County Development Order No. 8-95 alleging that the order is inconsistent with Monroe County Comprehensive Plan Policies and Land Development Regulations governing shoreline setbacks, surface water management , and wastewater management and further opines that the Development Order is inconsistent with the 1988 stipulated setdemont agreement entered into by the previous owners of the subject property and the Department and runs with the land: and WHEREAS, on 27 September 1995, The Department's Growth Management Administrator, Mr. Michael McDaniel, informed Lujan's counsel, Mr. William Spottswood, of a basis for settlement whose central purpose was the resolution: of -the . shotolim setback, and that other contested items of the Department's appeal could be resolved once the shoreline setback was resolved. SAS. Lujan has completed a "Shoreline Buffer Plan" by Lewis Environmental. February 1997, which illustrates methods of landscaping and planting to aid in the restoration of the funcdonal integrity and purpose of a natural shoreline, said plan being Attachment "B"; and WHEREAS, it is the intent and desire of the parties to avoid a rejection of the f "Major Conditional Use" approval on the subject property by the Department and the litigation likely to result from such a rejection, and to limit and guide the development ' which may occur or continue on the property as provided in this agreement; and WHEREAS, the Department finds that this agreement is in the best interests of the State of Florida and is necessary to effectuate the provisions and purposes of Chapter 380, Florida Statutes. iZ Lujan/DCA Doeq 1508583 May1997 Bko 2102 pgtt 1751 (;V VILE # 3- 0 1 2 s 9 7 8K#1 4 6 5 PG11 3 8 4 NOW, THEREFORE, --in consideration 'of the mutual promises and undertakings contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. RECITALS. The above recitals are incorporated herein and form a material part of this agreemrent. 2. DEMBLOPNOM AIMIORMM, The following development is authorized on the subject property: 1. Construction of I6(sixteen) single family dvreilingunits in 8 (eight) duplex attached structum, as per attached site plan by Gonzalez Architects dated 19 Mwch' I997, which is "Attachment "Cr to this agreement. 2. Driveway/cul-de-sac co serve the units. 3. - Utilities to serve the homes, including connection to the sewage treatment plant located on Key Haven, by any lawful and practicable means. 4. Drainage improvements for the entire site. 5. A recreational building and accessory building. 6. A swimming pool; including pool decks. 7. Fow piers with four boat -slips per Pier. 8. Walkways, landscaping and entry gate. r 3. CONDITQNS OF DEYII.APNiENT 1. All structures shall be set back 25 (twenty five) feet from the shoreline, with the exception of one pod of two dwelling units, and the road serving these two units only, which will have a 20 (twenty) foot set back due to the width of the island at that point. All other structures shall have a 25 (twenty five) foot setback. DOeB 1508583 Bkp 2102 P90 1752 <07 • 3 Lujan/DCA May 1997 RILE 1101 2997 BK# 1 4 6 5 PG# 1 3 B 5 a Z. Shoreline vegetative buffers on the island adjacent to the house shall be constructed as per the recommendations and plan prepared by Lewis Environmental Services Inc., Attachment "C". 3. All re -vegetation requirements of the Major Conditional Use approval , and the Stipulation and Settlement Agreement with the Department of Community Affairs in resolution of an appeal of a previous development. order (building permit) issued to Lujan (no.. 881 0000196) issued by Monroe County on 4 February 1986 shall be accomplished concomitantly with the vegetation planted according to the shoreline buffer plan, Attachment "C'. In addition Lujan shall submit a landscape plan for the causeway to the island concomitant with the application for first building permit for a structure, and shall conform to County requirements for • minimum amount of native species. 4. Final Stormwater Management Plans required for the entire development shall be approved by the Monroe County Engineer and the South Florida Water Management District prior to the issuance of a building permit. Such plans shall be amended to incorpbrate the buffer requirements of Attaclunent S: Lujan shall plant 24°Bay. Cedar trees on the upland area of the island. The planting shall be 20 inch potted nursery stock. Lujan shall insure, by a maintenance program approved by the Monroe County Biologist, a 90% survival rate of the plantings for a period of dove years. Lujan shall re -plant at the same size as necessary to accomplish the 90% 3 year survival rate. Doc# 150$383 1753 Bko 21e2 pgo . 4 LujarvWA May 1997 FILE t 1 0 1 2 9 9 7 BKt 1 46 5 PG111 3 8 6 Lujan shall, if development of the island should not begin within two years from the date of this agreement, plant an acceptable ground cover on the island. 7. All structures shall be connected to the sewage treatment plant located on Key Haven. Lujan shall obtain approval to connect to the plant and have the collection system in place prior to the issuance of the first building permit for any residential structure of the project. S. The- construction' orall the Zwelling -units shall be subject to `Monroe County's Residential Rate of Growth Ordinance (ROGO) -so long -as that ordinance remains in effect, The schedule for the completion of the home authorized by the development order and this agreement s Eii in order to reflect the anticipated absorption rate of the homes -provided by the market and to reflect he project's ability to compewin-the.ROGO process. 9. The construction of the sixteen units shall be subject to acquisition of 1.15 (eleven and one half) TDR's (Transferable Development Rights) from sites which mea the environmental sensitivity criteria of section 9.5-265 of the Monroe County Land Development Regulations and the Monroe County Year 2010 Comprehensive Plan. 10. Lujan and the subsequent homeowners shall be responsible for the { maintenance of the four culverts under the access road as shown on the site i plan. 11. A conservation easement shall be granted by Lujan for placement over the shoreline buffer vegetation areas in a form acceptable to the County. 12. The shoreline buffer areas adjacent to the homes on the island, as specified in item 3-2 above, shall be protected from erosion and unnecessary access i5 Lulan/DCA Doc# 1508583 < 7 May 1997 Bkp 2102 Pgo 175 FILE 1101 2 S 5 7 8K111 4 6 5 PC#1 3 8 7 by a structure of concrete curb or logs or other methods with a narrow footpath access to the shoreline. k3. No Monroe County Certificate of Occupancy for any building shall be issued until the shoreline buffer required by condition number 2 has been installed, and approved by Monroe County. 4. DISMISSAL OF APPEAL Upon recordation of this agreement, Lujan shall furnish proof of recordation to the Department. Within 10 days after proof of recordation is received by certified mail, the Department will voluntarily dismiss Appeal No. APP=95- r.023. 5. SCOPE OF AUTHORITY. This Agreement affects the rights and obligations of the parties under the provision of Chapter 380, Florida Statutes, relating to Areas of Critical State Concern. It is not intended to influence or determine the authority or decisions of any • other state or local government or agency in issuance of any other permits or approvals that might be, required by state law or local ordinance for any development authorized by this Agreement. 6. DUPLICATE ORiGINAi S. This Agreement may be executed in any number of. originals, all of which evidence one agreement, and only one of which needs to be produced for any purpose. 7. BIND-ING EF ECre RECORDATION OF AGREEMENT. This Agreement shall be binding of the parties, their heirs, successors and assigns. Within ten (10 days after the effective date of this agreement, the Owner shall record this Agreement in the Public Records of Monroe County, Florida and shag promptly provide proof of recordation to Monroe County and the Department, including the official records book and page where the Agreement is recorded. Proof of recordation'shall be furnished by hand delivery or US Certified Mail postage prepaid to Monroe County directing same to Timothy McGarry, • Planning Director, Monroe County Growth Management Division, Marathon Regional 6 Lujan/DCA May 1997 1508583 Bku Bkq 2102 P9q 1755 • FILE 1 1 0 1 2 9 9 7 6F111465 PG11388 Service Center, 2796 Overseas Highway, Marathon, FL 33050, and to the Department by directing same to Michael McDaniel, Growth Management Administrator, Region II, Department of Community Affairs, 2555 Shumard Oak Blvd., Tallahassee, FL 32399- 2100. 8. ENFORCEMENT. This agreement may be enforced by either signatory party, and by Monroe County, as provided in Chapter 380, Florida Statutes, or as otherwise allowed by law. 9. ENI'IREI"Y OF AGE/AIV>ENDMENT. This Agreement constitutes the entire agreement between Lujan and the Department. This Agreement may be modified or amended only by a separate written agreement signed by Lujan, and the Department. 10 RELEASE. COSTS AND ATTORNEY FEES Each patty hereto releases the other from any and all claims or demands arising out of the subject appeal. Each party shall bear its own costs and attorney's fees incurred in connection with this proceeding. 11. EFFECTIVE DATE OF AGREEMENT. The effective date of this Agreement is the date the last party signs this Agreement. IN WTTNESS WHEREOF, the parties, by their duly authorized undersigned repmsentativet, have executed this Agreement on the dates and year below written. STATE OF FLORIDA COUNTY OF MONROE 15P9 Bxv # 1756 �D Bka 2102 C� Mr. Wayne Lujan 7 Lujan/DCA May 1997 FILE S 1 0 1 2 9 9 7 BK# 1 4 6 5 Pt,1 1 3 6 9 This instrument was acknowledged before me this ~ day of � 1997 • by Mr. Wayne Lujan, as owner, who is personally known to me and who did not take an oath. �Twi M. nOUMMY=" / CC SUMBoom uodry rAft * My t0 Dace STATE OF FLORIDA COUNTY OF LEON . Notary Public V1 C— Key Name (typed, printed or stamped) Commission Number DEPARTMENT OF COMMUNITY AFFAIRS An Agency of the State of Florida Charles Pattison Director, Division of Resource Planning and Management This instrument was acknowledged before me this t7 day of 1997, by Charles Pattison, as Director. Division of R u= Planning and Management, Department of Community Affairs, who is personally kno to me and who did not take an oath. Doclt 1508583 Bkp 2102 P9tt 1757 02 • Notary Public se WkA ej Name (typed, printed ors ) ECG c�04�(o1S Commission Number My commission expires: VL �\\\11.1tllltll/yj� s; J5vST iZ � �, 0 �, . epee 8 ICC 308515 : p L u aNDCA Az May 1997 i 'i ••; e�?fed ltiN � ' pQ�� ',///V ��r1 1i I I1N VYI VfI LVUJ 1O. UJ JU:.7-L7L-17Lz) I C1G l-4041U 1_4rlr ONY f Alat ITZ/ ID FILE t l 0 3- '9 97 y 0 9K 1 4 6 5 ATTA. CHMENT "'A - poet '1'i08gpsq 1758 gk11 2162 KEY HAVEN ESTtATES U Key Haven Terrace P.O.B. S•85'32'55"E. -- 50.60 u7 N.85'32 59"E• • --------_ ti%K C Curve number 5 Radius= 263.27' N.05'20' 7"E Delta= 01'52'24" 25.81' Arc= 8.61' Tangent= 4.30' Chord— 8.61' 'v Chord Brg.= N.04'24'24"E. L MO W nC W v 2 W Y Way u^e P.O.C. R►9ht °f West End of Boca Chico Viaduct Sta. 129+66.17 R d N0. 5) Cst°�`a 3710. 5.8051'47"W. Note: P.O.B. = Point of Beginnina SHEET 1 OF 2 -KEY HAVEN ESTATES LEGAL DESCRIPTIONICERTIFICA TION From the intersection of the centerline of U.S. Highway No. 1 and the westerly abutment of the Boca Chica Viaduct go S 80'51'47" W along the centerline of U.S. Highway No. 1 a distance of 3710.25 feet; thence N 09'34'47" E a distance of 211.17 feet to a point in the northerly right of way line of U.S. Highway No. 1; thence continue N 09'34'47" E a distance of 492.16 feet; thence N 05'20'37" E a distance of 292.56 feet; thence N 8532'59" E a distance of 50.60 feet to the Point of Beginning; thence S 85'32'55" E a distance of 27.79 feet; thence S 43'46'24" W a distance of 44.48 feet; thence N 05'20'37" E a distance of 25.81 feet to a point on a curve with radius of 263.27 feet and a central angle of 01'52'24"; thence northwesterly along said curve a distance of 8.61 feet back to the Point of Beginning. CERTIFICATION: I HEREBY CERTIFY that the attached SPECIFIC PURPOSE SURVEY is true and cor ct to the est of my knowledge and beleif; that it meets the minimum technical stands adopte the Florida Board of Land Surveyors, Chapter 61G17-6, Florida Statute ctio 27, and the American Land Title Association, and that there are no Ike e enc c ments unless shown hereon. FREDERICK H. HILDEBRANDT 1 Professional Land Surveyor No. 2749 Professional Engineer No. 36810 State of Florida NOT VALID UNLESS EMBOSSED WITH RAISED SEAL SHEET 2 OF 2 Key Haven Estates Key Haven, Key West FL. 33040 FREDERICK H. HILDEBRANDT SPECIAL PURPOSE SURVEY 05-520 ENGINEER PLANNER SURVEYOR Scale 1"= 10' 1 R.7 lRood Panel No. 1528 N own. By c.M.c Date 12 19 05 file Flood Zone AE Flood Elev. 9' 3152 Northside Drive 201 REVISIONS AND/OR ADDITIONS Suite Key West, FI. 33040 (305) 293-0466 Fax. (305) 293-0237 Jan 10 07 11:24a Growth Mgt f30511289-2054 P-2 STATF OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS Ted I cated to making Florida 0 batter ptav# IQ Call born** THADDIRIS L COHEN. MA Searftrf May 27,2005 Monroe County Timothy J, McGarry, AICP Director of Growth Management 2798 Overseas Highway, #4 10 Marathon Fl, 33050 Re: Resolution #095-2005 - Key Haven Estates, LW Dear Mr. McGarry: The Department Field Office has received your request for a letter stating that the Department will not appeal the above resolution. The Department will not appeal this resolution pursuant to Section 380.07, Florida Statutes. While the Department will not appeal this development order under its statutory authority, the development order is still subject to the local administrative appeal provision%. This letter is not intended to constitute, and shall not be construed as constituting,, a verification of compliance %ith the Comprehensive Plan and Land Devolopmont Regulations, and shall not be relied upon as a precedent or a waiver of rights regarding any other development order. Sincerely, RVW)e-tton, Administrator Florida Keys Area of Critical State Concern c- Monroe County Building Department z s 5 s SHUMARD OAK IOULIVAND - TALLARA2191E. FLORMA 313111-2144 Phom(IM466414666ummm275-4466 FAX. 05014211-07III&OWW291-0781 MW*O&k n inwiv R 111*4140 U%kww VL 3I1'YS 4m ow nwa*u 06*48"M No 4*"M BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 3/21/07 - MAR Bulk Item: Yes _ No X Division: County Attorney Staff Contact/Phone #: Bob Shillinger x3470 AGENDA ITEM WORDING: Approval of settlement agreement with Eager Family Limited Partnership. ITEM BACKGROUND: Staff has been negotiating with the estate of the former owner of the Calusa Campground Condominium to resolve several planning and code enforcement issues. Under the Settlement Agreement , the Eager Family donates 9 plus acres of hammock to the County as a buffer area, with the condition that it never be developed, that it be retained for conservation, and that it may be named for George Eager. This will settle the buffer issues for the condominium. The Eager Family Limited Partnership retains 4.66 TDRs, and 28 transient ROGO exemptions from its reduction in units at the condominium at the time of its ownership. This will not reduce the current number of sites at the park. In addition, the County agrees that platting is not required for the current use, and building permits will be issued for allowable uses. Once this settlement is resolved, the condominium association and homeowners can proceed with discussion about the future of the park. Approval of this agreement would eliminate several administrative proceedings and avert potential litigation. The parcel to be donated is located on the acquisition list of the Florida Forever Fund and is thought by Growth Management and the Land Trust staff to be high quality hammock PREVIOUS RELEVANT BOCC ACTION: This item was tabled on December 2006 (P-13); January 2007 (Q-4). CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST: n/a BUDGETED: Yes No COST TO COUNTY: n/a SOURCE OF FUNDS: n/a REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty _ OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 11/06 SETTLEMENT AGREEMENT This Settlement Agreement ("Agreement") is entered into this day of March, 2007, by and between Monroe County, Florida, a political subdivision of the State of Florida, hereinafter ("County"), and the Eager Family Limited Partnership, LP, a Florida Limited Partnership, hereinafter ("Eager"). WITNESSETH: A. WHEREAS, on or about February 6, 2006, Eager appealed the decision of the County's Planning Director and the County's Planning Staff determining that the Calusa Campground Condominium Association Property ("Calusa Property") needed to be platted; and B. WHEREAS, the current Land Use Designation for the Calusa Property is "RV"; and C. WHEREAS, on or about February 6, 2006, Eager appealed the decision of the County's Planning Department which alleged that certain Recreational Vehicle Site Condominium Units ("Units") within the Calusa Property are subject to the regulations in the Monroe County Code ("Code") which require that specific buffer areas be provided; and D. WHEREAS, on or about February 6, 2006, Eager appealed the alleged violations ("Violations") of the Monroe County Code issued by the County to several owners of Units within the Calusa Property; and E. WHEREAS, the above appeals filed by Eager are currently pending before the County's Planning Commission; and F. WHEREAS, County and Eager mutually desire to effect a resolution for any and all land use and code enforcement matters regarding the Calusa Property, including, but not limited to, the appeal of the County's platting determination, the appeal of the County's buffer area violation allegations and the appeal of the purported violations issued by the County concerning existing building and Code Violations at the Calusa Property; and G. WHEREAS, there is a dispute about the platting requirement for this RV Park, its sites and the buffer yard/space requirements; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, County and Eager hereby agree as follows: 1. RECITALS. The foregoing recitals are true and correct and are incorporated herein by reference as if set out in full in the body of this instrument. 2. PLATTING. The recorded Site Plan of the Calusa Property dated May 4, 2001 and recorded in Official Records Book 2031, Pages 1921-28 of the County's Public Records is hereby approved and acknowledged as the Calusa Property Site Plan ("Plan") for all purposes going forward. The County hereby acknowledges and covenants that it will not request or otherwise require that Eager, the owners of Units within the Calusa Property, or the duly formed association representing the owners, plat or replat the Calusa Property so long as the Calusa Property, or any portion thereof, is used according to its current land use designation. The County further acknowledges and agrees that the buffer yard/area requirements in the Monroe County Code are satisfied and met for all purposes for the current use. 2. RECOGNIZED UNITS. The County hereby acknowledges and agrees the Calusa Property contains Three Hundred Sixty -Seven (367) Condominium Units, all of which are shown on the Plan and all of which may be used for any purpose permitted under the Code in effect as of the date of this Agreement, which Code may be modified from time to time. 3. BUFFERING MATTERS. a. It is understood and agreed that Eager does not agree or admit in any way that buffer yards or areas are required for the subject Units or other areas in or about the condominium, its Units and common areas. This agreement is entered into by Eager solely as a settlement for convenience to resolve all of the issues relating to the condominium between Eager and Monroe County. b. Eager agrees to donate Nine and Thirty -Two Hundredths (9.32.±) acres of unimproved property ("Buffer Property") for conservation purposes, described more particularly on Exhibit "A" attached hereto and incorporated herein by reference, which is located east of the Calusa Property and which has a land use designation of Suburban Residential (SR) on the County's land use map. In exchange for Eager's donation of the Buffer Property to the County in fee simple title, the County agrees to immediately dismiss, abandon and forever terminate any and all enforcement efforts and proceedings regarding the required buffer areas for Units 114-126 and Units 481-490 at the Calusa Property as shown on the Plan, and further agrees in recognition of the fact that the Buffer Property will be held in perpetuity without development that Units 114-126 and Units 481-490 shall not be required to have a buffer yard. The County further acknowledges and agrees that Eager's deeding of the Buffer Property to the County is hereby considered complete mitigation, total satisfaction and final resolution of the pending buffer yard enforcement matters and all issues relating to the Plan and the development of the Calusa Property as a condominium so long as the Calusa Property, or any portion thereof, is used according to its current land use designation. The County further covenants that the Buffer Property will never be cleared or improved because, as consideration for entering into this Agreement, all Transferable Development Rights ("TDRs") Page 2 of 6 P:\Word\Growth Management\Eager Calusa\Revisionof EagerAgreement03-14-07smgFINAL.doc currently existing on the Buffer Property will be provided to Eager. The County agrees to maintain the Buffer Property in its natural state or as a public park, in perpetuity, and also agrees to name the Property after GEORGE W. EAGER, SR. should a representative of the Eager Family so request. The Warranty Deed from Eager shall contain an express Deed Restriction providing that the Buffer Property cannot be cleared and that no residential or commercial buildings can be constructed upon it. The Deed Restriction shall be enforceable at law or in equity by Eager, Eager's assigns, designees or successors -in -interest. County must be satisfied that marketable title is provided to County by Eager. The transfer shall occur within 45 days after the date above. 4. TRANSFERABLE DEVELOPMENT RIGHTS. The County recognizes Four and Sixty -Six Hundredths (4.66) TDRs on the Buffer Property. Upon final approval of this Agreement, as provided herein, County will issue all appropriate documentation and take all action necessary to immediately provide Eager with access to the TDRs. Eager in its sole and absolute discretion may retain, transfer, sell, or dispose of the TDRs as Eager chooses, and the County hereby covenants and agrees not to object to or fail to consent (if consent is required under the Code) to Eager's use of the TDRs. Use of the TDRs shall be governed by the applicable law effective on the date of the use, that being the date of final development approval by County. 5. BUILDING PERMITS. The County agrees to issue Building Permits ("Permits")for utilities and in order to remedy life -safety and health issues prior to settlement of all Code Enforcement actions at Calusa Campground. If there are no violations on Units 1-20, Units 114-126, and Units 481-490, any otherwise legal permitting shall be allowed, on a unit by unit basis. 6. VIOLATIONS. Upon execution of this Agreement, the County agrees to dismiss, cancel, void and close out all existing (if any) Violations issued against the owners of record for Units 1-20, Units 114-126 and Units 481-490 with respect to platting, lot size, and/or buffer yards. Further, the County agrees that, upon execution of this Agreement, the above Violations will be deemed paid, remedied and completely satisfied now and forever so long as the Calusa Property, or any portion thereof, is used according to its current land use designation. Notwithstanding any contrary provisions contained herein, this Agreement will not preclude the County from exercising its enforcement powers to prosecute other current or future code violations of owners of Units in the Calusa Property unrelated to this Agreement. 7. TRANSFERABLE ROGO EXEMPTIONS. a. The County recognizes the existence of Twenty -Eight (28) Transferable ROGO Exemptions (TREs) belonging to Eager, for which the County will issue all appropriate documentation and take all appropriate action to provide to Eager upon final approval of this Agreement as provided herein. The TREs may be used by Page 3 of 6 P:\Word\Growth Management\Eager Calusa\Revisionof EagerAgreetnent03-14-07smgFINAL.doc Eager, its transferees, heirs and assigns as determined by the regulations in effect at the time of transfer except as otherwise provided for herein. b. The 28 TREs are transient and currently may be used for transfer of ROGO exemption/ allocation to Affordable Housing uses 9.5- 120.4(b)b and also can be transferred to hotel and/or motel uses. c. The TREs may be used notwithstanding and during any moratorium or other restriction on the transfer of recreational vehicle sites such as that imposed by Monroe County Section 9.5- 120.5 and 9.5-120.6. d. The TREs meet the criteria for redevelopment off site, to any planning area in Monroe County. The receiver site must meet the criteria in the Monroe County Code for development/redevelopment except for that requiring a ROGO score equal to or greater than the score of the sender site. e. TREs may not be used on Tier 1 property if the Tier system is implemented as designated by Monroe County at the time of the transfer. f. In the event the TREs are governed by less restrictive provisions for uses in the future, the more liberal shall apply. In no event shall the uses be diminished by future changes in applicable ordinances or land use regulations. 8. GLOBAL SETTLEMENT. This Agreement is entered into relative to and in consideration of the above -referenced appeals brought by Eager and is intended to resolve all issues addressed in those appeals with prejudice, and is further intended to resolve and settle only the platting and buffer yard matters addressed herein between the parties, and the referenced Unit owners, as to the Calusa Property. It is the intent of the County and Eager that all Violations with respect to platting, lot size, and/or buffer yards, be cancelled, satisfied, and closed out as to Eager, the development of the condominium and the above -referenced Units as of the date of this Agreement. 9. APPROVAL BY BOARD OF COUNTY COMMISSIONERS. Notwithstanding any contrary provision above, the County's acceptance of this Agreement is subject to the approval of the Monroe County Board of County Commissioners ("BOCC"). Should, for any reason, the BOCC fail to approve the terms of this Agreement, it shall be of no force or effect. If the Agreement is approved by the BOCC, it shall be fully binding on the parties as of the above date. 10. ATTORNEY'S FEES. Each party will be responsible for its own attorney's fees incurred as part of this Agreement. I t . INTERPRETATION. The singular shall include the plural, the plural the singular and use of any gender shall include all genders. The headings contained herein are for convenience and reference only, and in no way define or limit the scope and content of this Agreement or in any way affect its provisions. Page 4 of 6 P:\Word\Growth Management\Eager Calusa\Revisionof EagerAgreement03-14-07smgF[NAL.doe 12. SEVERABILITY. If any provision of this Agreement is judged to be unenforceable, such provision shall be ineffective to the extent of such unenforceability without invalidating the remaining provisions hereof. If any provision of this Agreement is capable of two (2) constructions, one (1) of which would render the provision void and the other of which would render the provision valid, it is the intent of the parties that such provision have the meaning which renders it valid. 13. RECORDATION. A fully executed copy of this Agreement signed by all parties hereto, shall be recorded in the Public Records of Monroe County, Florida at Eager's expense which shall be recorded so as to be found in the chain of title. 14. AMENDMENT TERMINATION. This Agreement may not be amended, modified or terminated except by written instrument signed by the parties hereto and recorded in the Public Records of Monroe County, Florida. IN WITNESS WHEREOF, the parties appear and have set their hands and seals on the date first above written. WITNESSES: (1) Print Name (2) Print Name EAGER FAMILY LIMITED PARTNERSHIP, LP, a Florida Limited Partnership ME STATE OF FLORIDA ) )SS: COUNTY OF MONROE ) GEORGE W. EAGER, JR., as President of Eager Investments, Inc., a Florida corporation General Partner of Eager Family Limited Partnership, L.P. The foregoing instrument was acknowledged before me this day of ,2007, by George W. Eager in his capacity as President of Eager Investments, the General Partner of the Eager Family Limited Partnership, LP, a Florida Limited Partnership, who is authorized to bind the Partnership. He is personally known to me or ( ) produced as identification. (NOTARY SEAL) Notary Public, State of Florida Print Name: Commission No.: My Commission Expires: Page 5 of 6 PAWord\Growth Management\EagerCalusa\Revisionof EagerAgreement03-14-07smgFINAL.doc Approved by: GUS CROWELL, ESQ. Attorney for Eager Family Limited Partnership, LP, a Florida Limited Partnership ATTEST: DANNY L. KOLHAGE, CLERK Deputy Clerk MONROE COUNTY, FLORIDA Mayor Mario DiGennaro MONR09 COUNTY ATTORNEY APPROVED AS TO FORM: SUSAN M. IMSLEY ASSISTANT COUNTY ATTORNEY Ddt@ ---3 - / V 70 Page 6 of 6 P:\Word\Growth Management\Eager Calusa\Revisionof EagerAgreement03-14-07smgFINAL.doc Exhibit A to Settlement Agreement between Monroe County and the Eager Family Limited Partnership Legal Description On the Island of Key Largo and being all that part of Lot 1, Section 28, Township 61 South, Range 39 East, lying North of a 20 foot road and lying North of the former right of way of the Florida East Coast Railway according to a survey made by PD Jenkins, C.E. and according to the Plat thereof, as recorded in Plat Book 1, at Page 68, of the Public Records of Monroe County, Florida. WADOCS 19926271 12/15/06 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: ]March 21. 2007 Division: County Attorney Bulk Item: Yes XX No _ Department: County Attorney Staff Contact Person: Pedro J. Mercado AGENDA ITEM WORDING: Approval of First Amendment to the Contract with the Monroe County Sheriff's Office for law enforcement and security services at the Key West International Airport and the Florida Keys Marathon Airport for the purpose of compliance with specific grant language. ITEM BACKGROUND: The Sheriff's Office has been providing law enforcement and security services at the Key West International Airport since 1997. The County recently renewed our contract with the Sheriff s Office to continue providing law enforcement and security services at KWIA and added the initiation of security services at the FKMAP. PREVIOUS RELEVANT BOCC ACTION: 1/17/07 BOCC approved Contract with MCSO (Item C-4) for security services at KWIA and FKMAP. CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval. TOTAL COST: N/A BUDGETED: Yes — No _ COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes _ No xx AMOUNT PER MONTH_ Year APPROVED BY: County Atty X OMB/Purchasmg; _ Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # C-- ( 9 Revised 2/05 FIRST AMENDMENT TO CONTRACT FOR LAW ENFORCEMENT AND SECURITY SERVICES AT KEY WEST INTERNATIONAL AIRPORT AND FLORIDA KEYS MARATHON AIRPORT Monroe. County Sheriffs Office and Monroe County Board of County Commissioners THIS FIRST AMENDMENT (hereinafter "1st Amendment') to the Contract between the Monroe County Sheriffs Office (hereinafter referred to as "MCSO" or the "Sheriff') and the Board of County Commissioners of Monroe County (hereinafter referred to as the "County") for security services at the Key West International Airport and the Florida Keys Marathon Airport is made and entered into this day of 2007. WITNESSETH WHEREAS, on the 17`h day of January, 2007, the parties entered into a Contract for Law Enforcement and Security Services; and WHEREAS, the F.D.O.T. provides grant funds to cover the operational costs of the contract through June 30, 2007; and WHEREAS, the County will obtain funding through other sources for the balance of the contract; and WHEREAS, the grant contains payment procedures that differ from the contract and the parties desire to amend the procedures to conform to the grant; NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below, the parties agree to amend the original contract as follows: 1. Section 5 B. is amended to read as follows: B. PAYMENT PROCEDURE: The County shall pay the Sheriff on an arrears basis as follows: -Four/Twelfths (which represents the arrearage for October 2006, November 2006, December 2006 and January 2007) of the estimated annual cost of the Contract as soon as practicable after contract execution, and -One/Twelfth of the "estimated" annual cost on or before the first day of the month immediately following the month in which services were rendered, i.e. payment for services rendered in February shall be due and payable on the first day of March, payment for services rendered in March shall be payable on the first day of April. Page 1 of 3 Airport Law Enforcement and Security Services FY2007 -Within 45 days of the- f:eeeipt e payment for the February through August 2007 services and within 60 days of the reeeipt af payment for the September 2007 services, Sheriff shall provide County with back up documentation of the actual incurred costs for the month being billed. For example, the payment for March 2007 services will be made to the Sheriff on April 1 s'. The Sheriff will provide back up documentation by no later than May 15`h. If the monthly payment remitted to Sheriff exceeded the actual costs incurred, Sheriff shall include a reimbursement payment with the back up documentation. If the actual costs incurred exceeded the monthly payment, Sheriff shall submit a payment request for the difference. The "estimated annual cost" of this Contract for FY2007 (10/01/06-09/30/07) is $2,312,650.00. Detailed budgets for KWIA and FKMA are attached as Exhibit A. 2. Section 5 C. is amended to read as follows: C. YEAR-END RECONCILIATION: At the end of each fiscal year, incurred costs will be reconciled with total payments made by the County. MCSO and County external auditors will determine the final balance. If incurred costs exceed total payments, the County will reimburse MCSO for the excess costs, however, total County payments plus reimbursement(s) shall in no case exceed the total contract amount. If total payments exceed incurred costs, MCSO will reimburse the County for the excess payment. The audited reconciliation and reimbursements shall be based on the actual incurred costs documentation provided in support of the monthly payment requests. 3. The following paragraph is appended to the Agreement between County and Sheriff and incorporated into the original contract as paragraph 8 8-F.D.O.T. AUDIT: County and Sheriff shall permit the F.D.O.T.'s authorized representative(s) to inspect all payrolls, books, records; and to audit the books records and accounts pertaining to this contract. 4. All other provisions of the January 17, 2007 original contract, not inconsistent herewith, shall remain in full force and effect BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairperson (SEAL) Attest: DANNY L. KOLHAGE, Clerk Page 2 of 3 Airport Law Enforcement and SecurityServices FY2007 Deputy Clerk MONROE COUNTY SHERIFF'S OFFICE �a By: Ric [a'r o ,Sheriff (SEAL) SHERIFF'S OIT:ICE MONNRAOECDOUNTY ,FL0PJDH �lcC/ FIS. MRRH L. UALUS GIENER l COU EL DRTL NEY ASSISTANTC NTYATTORNEY Date 3 ii-l(j 7 Page 3 of 3 Airport Law Enforcement and SecurityServices FY2007 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: March 21, 2007 Bulk Item: Yes XX No _ Division: County Attorney Department: CouM Attorney Staff Contact Person: Pedro J. Mercado AGENDA ITEM WORDING: Approval of First Amendment to the Contract with the Monroe County Sheriffs Office for law enforcement and security services at the Key West International Airport and the Florida Keys Marathon Airport for the purpose of compliance with specific grant language. ITEM BACKGROUND: The Sheriffs Office has been providing law enforcement and security services at the Key West International Airport since 1997. The County recently renewed our contract with the Sheriffs Office to continue providing law enforcement and security services at KWIA and added the initiation of security services at the FKMAP. PREVIOUS RELEVANT BOCC ACTION: 1/17/07 BOCC approved Contract with MCSO (Item C-4) for security services at KWIA and FKMAP. CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval. TOTAL COST: N/A COST TO COUNTY: N/A BUDGETED: Yes No SOURCE OF FUNDS: REVENUE PRODUCING: Yes _ No xc AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasmg Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 2105 FIRST AMENDMENT TO CONTRACT FOR LAW ENFORCEMENT AND SECURITY SERVICES AT KEY WEST INTERNATIONAL AIRPORT AND FLORIDA KEYS MARATHON AIRPORT Monroe County Sheriffs Office and Monroe County Board of County Commissioners THIS FIRST AMENDMENT (hereinafter "1st Amendment") to the Contract between the Monroe County Sheriffs Office (hereinafter referred to as "MCSO" or the "Sheriff') and the Board of County Commissioners of Monroe County (hereinafter referred to as the "County") for security services at the Key West International Airport and the Florida Keys Marathon Airport is made and entered into this day of , 2007. WITNESSETH WHEREAS, on the 17u' day of January, 2007, the parties entered into a Contract for Law Enforcement and Security Services; and WHEREAS, the ED.O.T. provides grant funds to cover the operational costs of the contract through June 30, 2007; and WHEREAS, the County will obtain funding through other sources for the balance of the contract; and WHEREAS, the grant contains payment procedures that differ from the contract and the parties desire to amend the procedures to conform to the grant; NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below, the parties agree to amend the original contract as follows: 1. Section 5 B. is amended to read as follows: B. PAYMENT PROCEDURE: The County shall pay the Sheriff on an arrears basis as follows: -Four/Twelfths (which represents the arrearage for October 2006, November 2006, December 2006 and January 2007) of the estimated annual cost of the Contract as soon as practicable after contract execution, and -One/Twelfth of the "estimated' annual cost on or before the first day of the month immediately following the month in which services were rendered, i.e. payment for services rendered in February shall be due and payable on the first day of March, payment for services rendered in March shall be payable on the first day of April. Page 1 of 3 Airport Law Enforcement and Security Services FY2007 -Within 45 days of payment for the February through August 2007 services and within 60 days of payment for the September 2007 services, Sheriff shall provide County with back up documentation of the actual incurred costs for the month being billed. For example, the payment for March 2007 services will be made to the Sheriff on April 1't. The Sheriff will provide back up documentation by no later than May 15u'. If the monthly payment remitted to Sheriff exceeded the actual costs incurred, Sheriff shall include a reimbursement payment with the backupup ' - -- - '-- Trot ^� ���+� �..,.,, •r�par��mnnthly na mettb1T� shall submit a $2,312,650.00. Detailed budgets for rNW1X an are attacneti'as 2. Section 5 C. is amended to read as follows: C. YEAR-END RECONCILIATION: At the end of each fiscal year, incurred costs will be reconciled with total payments made by the County. MCSO and County external auditors will determine the final balance. If incurred costs exceed total payments, the County will reimburse MCSO for the excess costs, however, total County payments plus reimbursement(s) shall in no case exceed the total contract amount. If total payments exceed incurred costs, MCSO will reimburse the County for the excess payment. The audited reconciliation and reimbursements shall be based on the actual incurred costs documentation provided in support of the monthly payment requests. 3. The following paragraph is appended to the Agreement between County and Sheriff and incorporated into the original contract as paragraph 8 8-F.D.O.T. AUDIT: County and Sheriff shall permit the F.D.O.T.'s authorized representatives) to inspect all payrolls, books, records; and to audit the books records and accounts pertaining to this contract. 4. All other provisions of the January 17, 2007 original contract, not inconsistent herewith, shall remain in full force and effect Page 2 of 3 Airport Law Enforcement and Security Services FY2007 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairperson (SEAL) Attest: DANNY L. KOLHAGE, Clerk By: Deputy Clerk MONROE COUNTY SHERIFF'S OFFICE By: (SEAL) Richard D. Roth, Sheriff MONRpfg COUNTY A OORNNEY APA94nVSDAST4t B PEDRO TA931STANCONTYATTONE� Date _s`d G Page 3 of 3 Airport Law Enforcement and Security Services FY2007 EMERGENCY ADD —ON BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date:: March 21, 2007 Division: County Attorney and Director of Facilities Development Staff Contact Person: Natileene W. Cassel Telephone#: 292-3580 AGENDA ITEM WORDING: Approval for County Engineer with approval of County Attorney to terminate the October 5, 2006 contract with Pavers & Stone, Inc. if the contractor has not complied with County requests on or before April 4, 2007. ITEM BACKGROUND: The original contract dated October 5, 2006, with Pavers & Stone, Inc. was to be completed 90 calendar days from commencement. It is now 5 months later and the contractor has yet to begin because the contractor could not secure a bond as required by Florida Statute §255.05. Therefore, after the discussion at the February 2007 BOCC Meeting, and in an attempt to save time and money, Facilities Development drafted a new contract for Pavers & Stones, Inc. The new contract allowed the County to pay for materials separately and lowered the contract price significantly. In the new contract Pavers & Stones, Inc. would only be required to post a bond of $260,872.76. However, Pavers & Stone, Inc. found in excess of 30 items in the new contract to renegotiate. Items were negotiated where possible, however, some of the items were not acceptable the County. By March 8, 2007, all of the issues except two were negotiated. The two remaining issues are not negotiable to the County: 1) Pavers & Stone, Inc. must provide a bond in the reduced amount of $260,872.76. Pavers & Stone, Inc. has stated daily since March 8, 2007 that it would produce a "letter from a bondsman" saying that they will bond Pavers & Stone, Inc. "for a limited time period". Please note that to date we have not received a letter from a bondsman or a bond. The County can not accept a bond that is limited in time, and it can not accept a letter from a bondsman rather than a bond. Under Florida Statute §255.05 a bond is not optional for projects in excess of $200,000.00. Since the project value is in excess of 1.22 million the County Attorney strongly advises a bond. 2) Pavers & Stone states that they will only enter into a new contract which states that they do not have to produce a bond until they commence the work, and they define commencing the work as the time when the shop drawings are produced by their subcontractor. They were unable to provide a timeframe when this could be accomplished. This provision is wholly unacceptable because it would take the date for commencing the work completely out of the County's hands. On March 19, 2007, the president of Pavers & Stone, Inc. spoke to Facilities Development promising that he would arrive in Key West with the shop drawings, and bond in hand. Unfortunately, the shop drawings that he wisher, to use are not approved by the Architect (a fact that Pavers & Stone, Inc. has long been aware of), and he has not told the County the details of the promised bond so do not have any way to evaluate it. If this item is not approved and Pavers & Stone, Inc. arrives without shop drawings approved by the Architect or without an appropriate bond the County would have to wait another month to terminate the contract and to proceed with locating another contractor. .3/.2 i/o7 R.a© PREVIOUS ]RELEVANT BOCC ACTION: On October 5, 2006, the County entered into a contract with Pavers & Stone, Inc. to furnish and install cast stone and brick on the exterior of the Freeman Justice Building. The contract did not go out to bid due to its emergency nature, and the need to complete the building in a timely manner. The original Contract approval was for $977,590.64 and subsequent change orders bringing the contract to $1.112 million. CONTRACT/AGREEMENT CHANGES: See above. STAFF RECOMMENDATIONS: Permission to give Pavers & Stone, Inc. a deadline of April 4, 2007 at noon to produce (1) the new contract signed by Pavers & Stone, Inc., (2) a payment and performance bond in the amount of $260,872.76, and (3) to provide shop drawings approved by the Architect. If these three items are not produced, the BOCC authorizes the termination of the existing contract with Pavers & Stone, Inc. for breach of the terms of the contract; and simultaneous authorization to direct Facilities Development to locate a new contractor on an emergency basis. The County Attorney and Director of Facilities Development shall cooperate in the determination of whether or not the deadline has been met and the contract terminated. The County Attorney shall notify the contractor of the termination of the contract if the deadline is not met. TOTAL COST: BUDGETED: YES NO COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: YES NO AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing _ Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM 2 SANDRA TAYLOR CHIEF JUDGE SIXTEENTH JUDICLAL CIRCUIT OF FLORIDA MONROE COUNTY COURTHOUSE 502 WHITEHEAD STREET KEY WEST, FLORIDA 33040 RAQUEL GALVAN JUDICIAL ASSISTANT Charles "Sonny" McCoy County Commissioner District 3 530 Whitehead Street Key West, FL 33040 VIA HAND DELIVERY March 19, 2007 RE: Freeman Justice Center Dear Commissioner McCoy: TEL: 305 / 292 - 3480 FAX: 305/292-3434 At the February 21, 2007, meeting of the Board of County Commission, County Judge Wayne Miller addressed the BOCC on behalf of the Judiciary of the 16" Judicial Circuit, to ask for your commitment to the timely completion of the Freeman Justice Center in Key West. This facility has been promised to the citizens of Monroe County for more than fifteen years, and has been plagued by numerous set backs since groundbreaking in October 2004. The latest problem involves; the County's selection of a contractor to install the exterior stone and brick work. The contract was awarded in August 2006, and the contractor has not been able to post the bond required for performance to begin. There does not appear to be a back-up plan under consideration. Despite assurances that this issue would be resolved within a week of the February BOCC meeting, and that the Commission would address it in a special session, this matter remains unresolved as of today's date. Since it is not on the BOCC regular Agenda for March 21, 2007, 1 fear it will remain unaddressed until April or Ilater. Since the exterior work on the building will take three to four months regardless of when the contractor begins, this work will be likely to be on- going through Hurricane season. I am asking that you address this issue with the County Attorney and County Engineering staff when they make their scheduled reports to the Commission on Wednesday, March 21, 2007. 1 will make arrangements to have representatives present at the meeting should you or members of the Commission have the time to hear from us. Thank you for your attention and oversight. Sincerely, Sandra Taylor Chief Judge FREEMAN JUSTICE CENTER BRICK AND STONE Section 00500 FILE COPY Standard Form of Agreement Between Owner and Contractor *!tare ate bsis &pe}nneniis a S77PULA7W SUM : 7a .t auscle in of ft Sodeer day of Au" in the year of Two Thousand and Six arBt maweirsr«�J BEr*V. N the Owner: Monroe Courtly Board of County Cotnrnissbrws (t�++a�davtisa� 11WSimordonStreet Key Week Florid" 33Q4t) and the CcrnVactor pis S am*, Inc. (Manor MW ) 79 Uno lays [w. JWW Bean, R. Mo For the Aolio" pmoa Furnish and &NW Cast Stores snd&idc on Bra "SUM s a oltMaJeat Exterior of the Freemen Justice &"V Facilities OsveloprrWg is: (Name analaaFY " The Architect is: fMama and Ad*mj Currie, Sowards, Aguls —Archh9cu 134 N.E. 18T Av. Dekay BMW R. 33444 The Owner and Contractor agree 88 set bM below. FREEMAN JUSTICE CENTER BRICK AND STONE ARTICLE I The Corrbact Doasnenb cmwltt of The e A � Documuft SuPP ry and OUwr CorxR ), Contsectms reaporwe, Qoraagor Propos(a1 ' 20� Darwtrrgs, SpaGNcpUonamiJuly 14 , Addends blued prior to exaaHlon of fhb AW"nWrf, ANrmalec as aocapbd by Owrwr, oUwr dommerNs listed in Utb AWMnwnt and Uorw based afbr Agaernent ffwae farm lie Cmdraa, and are ash* a pat of fhe Contract as d' aaadwd b M Apnamerk or mpaa6ed heain. The Contract rapnmwde 9w mdh and k* abd agwernenen f1 t between putlae INN and superaadss prior rwgodagone, reP+aemfttlorw or agraenwrrb, aNlwr wrillen or oral An ermnts on of the Contract Doamm%, odwr lien MO pnt, Wp ws in Article 9. fiffmGm The CocYacbr isW ewrecree owThe Work ofthim " No Work d �� the MINIMWediiggy irdcaled it the Consacf h ire COrrad Doaarwrrb, aorcept b as follows: Doatrwrrts fo be tlwe rasporwd ty of otom or — Sc= Work as ap Of eoNied it the Project M wgW tbr Va project, Sac to O030D Contradm dW faOW& and iwtar c6 sbrw and b** vMwar fo the o tdor of to Faertwrr Justice Center aoomdlV m the AmNowkm draw kW sea tpecilcmtlene ConVaCfor b raponl bb tm 0 al0achrrrant devioea to health aU Wmprk" aUadmwnt medwrYems. 3.1 The dided" oImm&aW oomnwaloeawprt f the dab Tram wrhidt ffw Conb�cfTime Paapaph 3.2 b nwaaraad, and ahMl be 1M dale of drip Agreerrrsrk, as Drat vwNlxr strove, urilaas a dNTarad dale is doled below or provision is nwde for Ore dab to be fbced In a nft@ Its proceed based by the Owner. Urdeas On dab of mnn wrom Wt IS essjsbrwlWd by a notice fo Proceed based by flw Owrwr, nna Im �a cmr�utMndnO go Wbrk. ofFar�lFea Dewalapnrent, inwriYg 3.2 The Cw*aclm d d addm f3crbtte "CmrVWUM Of Vw arch Wbdc not labr than (latentthe cabnd0ard&e ormnpeerofOsbaderdsye afW" date *fcwmns»o nwt Asao Sft%td grngrrfiain Me C�rNrAiarSebm*,) f�p�►+�OerAasr povr9brtaof9le NWk, cinof stafedabawtrsre kr fare f"orrtracxQoaxnsrNs:) 90 Calendar days *am date of Commwmmsnt. subject to a4mursents of lie Contract Tine as provided by fw Contract Document. l.rquidabd Damages will be aaseased as provided in Sec. =W. AMLE Contract Stott WiG2008 AGREEMENT BETWEEN ONMER AND CONTRACTOR O060p 2 FREMAIN JUSTICE CENTER BRICK AND STONE 4.1 The owner shag pay the Cont actlor in amerk ands for ire ContrMWS Perb memce of the Coe Arad the Conbact Sum of Nbw Hundred 8susnty — Sewn Tbaueend. F1w tkmdnd Doteas ahnwt:INge Do>brs (;t77 J80.84), subject to additions and deductions as pwvWed in the Contract Documents. 4.2 The Cantrell Scan is based upon AN falbwinp atennise, i any. which are desci%ed In the Conbad Documents and me hwaby accepted by the Owner (State the ntntwa or oAher idgrMadan of accepted aftemates. M deckdons an .11he aft. —" are to to shade by the Owner aubesquent to the aaascuton of thb Apaesrnsnt aaa I a who" of such oturc albnwbs a naft the amwmt of each end to deb until which that amant b wsgd.) 4.3 Unit pries, If any, are as fosowws: WA Payroalb 5.1 Based upon AM cation for Payment MNUVAd by #0 Cororagor to the Mellor of Diraabr of and wgon ftjod AM alone and Csrliiatse for Payment beard by on account of the Cont►�toSum tl� °^o ConbW Documents. o0n*a tsw'h'w.d bnkw and elsewwhhan an the anosttlas iTh by each won for psyrwnnt elan beam cetardv'.01d en ft dear or month. 5-3 70 PPayntarK shag be made aocowdrp b t» Loci f�owarrnsatt Paonhpt Paryrrrant Ad Bea seq. Florida Slabhtse. &4 Each Apoica m tar Palnnsnt Shag be based upon the Schedaie of Vas un sutym led by Are Comracbr In aocadence with to Cahtrad Docunmb. The Schedule of Vatuse anal allocate the s 0' Contract Slum awthorht the varbW patahs of the Work and be each form Snd suppoftd by such dery to subapedlab is aoaaaaW as the Dkedar of Facilliess Fac�DsvNapn or shag be maws a b by the obaontact of AW11catans for Paynhsnt. neviseinp the Corhtracbr s 5.5 Appgations for Payment shag krdab #0 peroenbpe of QomplaAah & eech patch of the Wak as of the end of the patbd oowwned by the Appgcaton for payer 5.8 Subject to the provisions of tin Contend Docsnenis, the amount of each pmgre e Payment shag be computed es folows: 5.e.1 Take OW portion of the Conbad Sum °f orgra rwpocto Ahat' aeaah portlorh a t,e ros of told anbW S R aloe Potion Of the Wok in the Schedde & Values, bass the Work, amourW notion dlspubs dab nation of cod to to Owner of dhanpes in xbd in Credt b be slowed by the Conhadw to ire Owwahsr for a dfor P*Jmsft ebtor or The amount of ahnp9 which aaepalb in a Bd10/2pp6 AGREEMENT MMEEN OWNER AND COtffj6iTT 00600 3 FREEMAN JUSTICE CENTER BRICK AND STONE net decrease In the Cardw Sum shall be ackW net cost as eordirrrad by the DMector of FadMbg Dewb;"Gnt When both additions and credits covering related Work or u6sm ulions are nvolvsd in a cherpa rip abwahCe for overhead and P►ollit shall 6e figured on the basia of not ncrsa W 7 any, wtih respect 10 that change. 5.6.2 Add that portion of the Contract Sum properly allocob b malsiab and equornard delivered and SUN* slond at the site for subsequam incorporation in the v consbuction (or, N approved in advance by line Owner, stdkft abned off the sNa at a location agreed upon in writing), bss retaings of I!D percent (10%): 5.6.9 Subtract tfa agpnapete of previous paymerfte made by the Owner•, and 5.6.4 Subbed amourft if any, for which the Dfreobr of Facilities DewNopnsnf or Ard*ad hn withheld or rsdllled a Certificate for payment as provided in Paragraph 9.5 of tihe General conditions. Btlxtlfsr rrnoe pm tmder amount delerrdned in accordance YAM Paragraph 5.6 shall be faeowtrp drolavNlanCa: 5.7.1 Add, upon SubNanntlal Conhplelbn of tits Work a awn VJMC nt b iaasasa the btN pwpnw s b NOW Parcert (BD%) of tie Contract Sum, We audn ammefts as live Dbeclor of Facilities DerabPaWd-mWmmsnds and fha Architect demnaines for inoomplala Work and waeftied darns; and 5.7.2 Add, if final completion of go Work b t mmdler Mow,* daler Ad lbroughno ttscit of . �Ya Wcant amwxfb payabb In ac 0 m leroe wNt SL M P OfaP 8ph 910.8 of th 5.8 Reduction or imNmdm or ndmkm , 8 any, *M be as folorrrs: (If 0 1s kd*xb , plcr to SubsiNi r OMWS*n of Me an6ia KtA% to rudma or IIasY fine AMAW ffam the panosnlgfaa kW9rftddv Subparagm#a &Q1 am18:62 ab*M and Mie'ton arliir is p+d CW*Wct DoaarN Ifs kWW h ns Provi kM for xxh MKkX f~ Final Paymenq, cons*OV the entire unpold balance of ff» Contract Sum. stallbe angle by the Owner to tis CW*acW when (1) the Contract has been fift Pwftnsd by the Cofbactor NOW far tine Conlracbr's resparaAnNly to correct � V4brk as provided In Subpaagraph 12.2.2 of the GwWd C rKgk a and b see* allay requireraa ts, N ant, which i of Fa 09 (2) a MW Pm(act CerttllcaM for Payment hta been made by the Owner not more than � and Andhgect: such final Payment *0 be Payment, or as fotipvs: attar t11e bsancce of the final Project Approval for 8110@006 AGREEMENT 9ElY4EEN OWNER ANO CONTRACTOR 00500.4 FREEMAN JUSTICE CENTER BRICK AND STONE MiseNarms kwwow May lam 7.1 Where raferenoe is mods In Ants Agrwnent to a Provision of tM GawrM Condlione or another Contras DoounOM Aw nbMIM nfars to that Provision au amended ar - P►nrnernted by cewr Pr+mrlons of the Contra t Doaauwnb, 7.2 Not Used. 7.3 Temporary fa dills and sarvbss: flats Doc& .wl�idr era dWl6rerH dom or Inada6(fon to ft. 7.4 Monroe CouWs pwkmmmw and Obftgeion to pay undw Ant CwAm t is upon an aetaml appopgWm by the goad of County Co mossimm. 7.5 AA Person OraAlNate who has teen plaoed on Aw aonvidsd vaudor in fokwirp a goods or aaviolbr Lb � ate may not submit a bid on a car* b Provide any y p d_lk endly. mOr yet subailt a bid an a Conk ! with a pubic — abids n on roses of real for ow mmdruclion Or r'aPdr of a PAIL beaildrp or pubic work, my not mAn* omkwbr, mPPOW, us ao m" to public entliy, may riot be rS Or Pt under oorW vft y put v ft oni as ork and may not trans ea baskets wit any Pubic artily M a mm of an ftedwM a munt provided in SsMan 207A17. this CATEGORY r MO for a pwbd at 36 IM M f =tie dab of b Mg Prod an the wnWftd valdor iM. 7.6 7M toioeiMg ftme am Included M this contact: a) Contractor sMi olskHaln ON boolm records, and doeurwrb diraciy psrffnwt b OOMWOV P � appi d. � '°a wli' °"waste' acospled #.* awnodnd npnsan *m atoll haw nasarwbb end* b 08B b Mann or orde of each oiwr piety b this agrasmant for rash W d r suds ram of the apysartm and fbr lour p Wmbw Puff dealrp tle tam of yeas foioab7g Ae tennirm v w Ytr agnama,ut Nan Carn6ador Pi+aewnt�o ws County ax Clerk dwmwes tfuet manes paid to the this agraMOM fhe Ca*a pay shore reAdis Mani" Wpapwrf 10t wgh by oabultled puawnt b we. WAS, FS. Rseft *om lha dMa tle Monles waa peid t) Coma lor. b) to g LOW. Venus. Mfapabtion, Coats. and Few This Apeament SIM be Govened by art corwtmod In accordance Y Mn the foes of tie Stab of FfoWWa aPPMabr b cantrae>ts Needs and b be pw bmwd &bray In Ae Shb. In the etvathet Orly OR" Of I'm or nt or in6w9nloon of M Agreer m yw Opal ��mgmthat venue aMi M In tow approprrb court or betas f sppropiab adm deft"m body in MMM Countyy, Fbrxk Tta parAss waive Awk dghb b MM by jury, c) S"wabfily. N cry term, covaent. condition or Provision of this Ag ewm t (or the une nfamm bls to any by� Or PWMQ � be dedwect Invalid a of compeient� tle tame. oovawnb> aondions and provisions of Ads Agnarwnt sW be va d end 8110,2006 A AENT BETWEEN OWNER AND OONTRACTOR 00500.5 FREEM001 JUSTICE CENTER BRICK AND STONE shall be atmoseble to the Autiaat eudmrt Permitted by law unless the a ftmnod of the remaining terms, covenants, conditions and Provisions Of ria Agreement would wwmt the aocamPblsnwd Of the mfl*W tntmrt of tile Agreement. The Carriy and contrac0or agree to retool the Agreement to replete any stricken provision with a VON provMm riot comes as dose as Posses b rie bled Of to stricken provisbn. d) AMonwy's Fees and Costs. The Cam* and Cw*Ocbr agree IM in to event any cause of adorn or admirbtrative prooeedbg is fnNlepd or defended by any panty rato" b rie "NO n w t or Of this Agrserrnerlt, tro pmvaikp party shay be wMed to reason" s0onWs Apes, oast cols, as an award egmd rie rwnlrevaibg panty, and shah bukde atorne" IbM coral calls, in appetsls proaecNrgs. Mediation p aceedi gs Mated and oNxk cbd purswnt to ria Agreern" shah be in aocordernce vvtri Florida RI Ns of CM Pmosdurs and usual and antomwy procedisss roqubsd by dw dmut court of Mors" County. e) Bolding EM - The 100M wvwmrks, con Mons and proWebm of #ft shall bind and Inure to the of bUmthe County and Contraclor and riNr rssspettvs NCI mp "wftvves, successors, and saeigrro. f) Auriody. Each panty mpreawra and wam is to rie crier drat aa, Onwahcution— dsNvery lard psrboWM ofks tAWearmit have been duty adhori by necessary County and owple action, as requh ed by law. al 0) Cleirm for Federal or State Aid. Contractor and Courry ogres trek each shall be, and Is. empowered to W* for, seek, and obtain federal and state tads to Astor the PWPose of Mis Agnwnent Provided riot all applc@M , requsspR gmt and Amdbg soticitmona WW be approved by such party pdw b h) A04catan of Dispulss or DbaWamseft. County MW Cq f� agrea riot at d%x*w and dleaprsamwka +hall be alien pm to be resolved by meat and confer 802MMM between rsPrsaergativa of such of the parties. If no resolution can be agreed upon w0lbl 3D days aMsr rie fffd meat and owler ss1 'n k tro issue or issues dwA be disamsed at a pubic meatirg of ere Board of County Coam<miwm& if to Nets or awes are 80 not resatwd to to sseemction of ere parties. trod any party ehd have to dght to seek such mW or nosy as may be Provided by rill Agrwmmt or by Fluids low. This agrwhmk and Its kNerpaWm is notwbjeet to arbIlration. CaoPs OOM In rie event any admoinistrailve or lm" proroeding is bntkAed aft AOawneck Courky and Contractor pw perfonrrenee, or breech re ttly ris droll Party. N ail use b psAfripats, b the extent rand by aconites ra, I to fhe O 60 Agrawnsint �OOpr p mbn ofa, and vim order rile Agreement. Cooley and Contractor Provisbn d rie minrias AAgr�� AW be regrrrred b order fib � s" td no party to to any ad*aton procssdkgs related to rile D �r�Obrrarpm Car* and Cw*ud r agree tree VMS w3 be no dleatm aeon against any person. and it is ape y ulderabod OW upon a dslem*mMpn by a count Of compelmk judbrkion drat deckinagon hw opgrem(L ria Agmwrm t WOMM AGREEMENT BETWEEN OVVNER AND CONTRACTOR 00500.6 FREEMAN JUSTICE CENTER BRICK AND STONE auWMWJ=b teninetes vrithout any ft~ action on the put d ay panty, MINtiwe the and Fe d Me dda sea court order. and uso or C r agree b conft � ale Faderei non�liminatlon. These irnchrcfe but are not loc 1mk ) Tills the Ito Ad d 1984 (PL 88. M whidm prohbib dleairmtruatlor1 an the bads of race, odor or mWOM origin; 2) Title IX of the Education Amend"nermt of 197Z as amended (20 USC ss. 1881-1883, am 1885-1888), which prRig) dwaiminsilon an ap bast of UK 3) Section 504 Of the Rehabilitation Act of 1973, as amamtd (2D USC a. 794). which p"atibits disaiminalion an the beds of ahdfcapai 4) The Ape Dtgimir"on Ad of 1975. as amended (42 USC as. 8101. 8107) which prohibb dtcdn*WA on on the bat of ape: 5) The Drug Muse atacs and Trealmsnt Ad of 1972 (PL 92-2ti5), as ame cliA MIN&V to lion on the bat of drug abuse; a) The R� of 11970 (cohol Abuse and PL 991 �, as amerbmPmmftM sd, rem" b T� an the baths d abahof abuse or alcoholism; 7) The Pad f kalth Service Act d 1912. as. 50 and 527 (42 USC a. 890dd4 and I9Des.M. a aneWad, ,Mating b confldsWdgr of aloohoi and drug abuse galena- reowds; 8) TAN VM d do (Sell RlglnN Ad d 1988 (42 LISC s. et seq.) as amended, , - a a nondiecrimination in the sale, rermevh or heroine of' oi 0) The American wfAm Dian Afts Act d 1990 (42 USC a. 1201 Note). a maybe WnW dsd from time to erne, raking b — rmorhdisaiuinaYai on the bale d dleabflftr, 10) Any other rormdisgFnirpgpn prouder in"the Federal or SW* sh*An which may apply b the peAiae b, or the suiyed"atterof. thisAgrssmeri. k) Covehent Of No Intsaat County and Comrador covenant that r Ww Ww"* has OW Ines«, aW shell not acquire any trmtarset, which Wald cell, in any merdnr or degree with As paRWW" under this Agrea mwht, all # W omt 6fteat of each t b park"" and recafvs benMAs a retied it i is Agnaner t. 0 Cods ofEthics. cauay agrees >tit atacers and enmpioyaa d the arW willbs req"iad b oanpt with the atrrdlards d oondLxt far t>� o9Nea aW ernpbys" a dMipetsd it Section 112.313. Fbrida Stsiaa, regarding, but not Ii "d 10. saNdNAoru err aooeplanae of art; doing burin@ . WAh orWs agwW unm*wxk" oompesaAan; nisare of public poseoon, comp employment or contractual raNIMIS p; and dledps re err uss of owlein iibmmaion m) No SoNdtalloNPsymer t The County and Contractor wartai that, In raped b beef. A has nGWW annpbyed nor neared any eanpay or person, other than a bare fide ammptoyaa Woddng soft far K to solicit or woes tit Agrsenent and Apt A has not pehd or agreed b ply any parson, company, oorpoMlom edviduK or Ann, c8pr than a bona Ace employes worift soft for it any fee, aoneuission, pareandgle, M err any other oasidrnYom oon ungw t upon or MUMimg from she awed or makip of the Agraerneht For the breach or vWhlgon of 90 provWon, the Ith Wt a CMW shallhm the right to emmipN this Agresnsri without liability ft dt err dW to afNat from monies owed, or o Wwfte recover, the fuil amount Of Such teas, commission, percer"g. 9fa. or consideretiam. n) Pubis Access The County and Contractor shell allow and permit ressorpble aoceeS b, and inspection of, ON documents, papers, I i a n s or other maedala in fts poeasaterm or under ib oormbM Sub)ac I to the Provisions, epler 119, hlorido :a'takiNS an , d meda or nrceived by the Canty NW Contrad Chctor in om*Mction with FREEMAN JUSTICE CENTER BRICK AND STONE this Agreement and the County shall have 80 right to unlatarely cancel this Agreement upon violation of this proviabn by Contactor. o) Non -Waiver of Immunity. Notwithstanding the povieions of Sec. 768.28, Ftafide StaAibs, ere PmOdPation of the CounlylOwner in this Agreement aW the acquisition of any osnxnerdal inga mha osvarage, Oar insurance average, or local government MIRY insurance Pool ooverap shall not be deemed a wahar of b"Ul ty b the ardent of M tgr ooveraga, nor shall any =*ad anbred ifs by the Cotmy be required b contain any provision for welver. P) PAvNW" and Imnaandes. AN of the priviagss and irramahites from itabft, ehamptoau fn°m laws, ordlrhatoss, and rules and pensions and relief, disability, ems' compahmdkR% and other banefts whirlappy io the acti tty or , Mr m s, agents, or a nployess of any Wft agents or employees of the County, when Perforarhing that respectva Rxhclbnr under tits Apraarnaht nsttnh the terrtortal Rmita of the Calm* shot apply to tee same degree and om t b tln PWkMWM pf et<cn Rinclions and dunes of such otlosrs, agwde. voixaesas, or empbyeas ot0aide the tentoorlal ff"ft of the County. 4) Legal ObRgatons and RespohubM$m NOn-Dstepaton of Coneadoral or SWrl0fY Dulbs• This AW& mer<t Is not intended to, nor s1a ii it be construed as, g arV- ParlcPWM snRer from any abDgaton or ro pornibily imposed upon the nt+ty by law QxCW to the ardent of actual and timely pafomnnoa thaeof by an*. in which case the pwfonvlstroe may be ot`rad in "Ma�tion b. f Me d*QG*m Or li . F<stnr, 96 Apreantent Is not conafilldbU ar aftlub ry dudies of the authoria fa o the dNagw mmn of the FTodda ommiluton. sYsoftY. aerOM# exknt pam<tted by stpinaDe, and teas Isar. r) Non- URance by NomPatas. No Parson or entity shall be enticed b rely upon the ferns. a a►y of them, of this Apsemut to aft oa or atemPt b oft any trrd. Party ddm or aunt tb or bent of any service or program haau d*r, and the County and the Catracbr epee that nNNW the County norem Cor"cbr or any agsrk oltoar, or mnpbyaa of either shall have the authority to irillow counsel. or omsreMa l arm, that ant► PaAfatlhr ihellvidhral a pctp of i dlvtduals, entity or srhWin s, have wdkbMWft or barhaIII under this Agrawnet sepaate and apart, ' Cmlm b. Or st<Partor to t» cuahaatty in ganerel or for the Puxpoees Cmbm~ In this Agrosnhent. s) Alledullons. Contactor apaM b aawata such dommeu{s as the 0"W may SWMN K, and DRgfM@ Wanad. orkplace StatC an Ethkx t) No Pmeonal IJarbilty. No covenwA or aproanent anesined herein shall be learned to be a covenant or apaamaf of any mwaim. agtcer, +pent or employee of Monroe County In his or her i dividuet capacity,and no member, oftoar, apart or snViDY" Of subJed b �Y PersonalM C shall be Mb paaaaaaly an this Agreement or be Afd. a000untabRty by reason of the execution of this u) Executan in Cotanterparts. This Agreement may be ex@cutad In any mere er of llftpsrte, each of which shall be ngerded as an OVA 81 of which taken 811QI2008 AGREEMENT BETWEEN OWNER AND CONTRACTOR 006Qo-8 FREEMAN JUSTICE CENTER BRICK AND STONE tVWW steal Conalliule one and the same in trunent and any of Be punkas hereon may execute this Agreement by string any such counterpart. v) Suction l'aadirW Beckon headlnp twee been wooled In 018 Agrsanad as a metier of conventer'" of raf ru"09 only, and It Is agreed Bud such section a ny provisions ofPw Of Oft Ag�Agroament and will not be used in the �ot Special Conditions, N any are detailed to Section OOM of the project Manuel far O1a project. r •r. 8.1 The Con §W may be tenrdrnaoed by One Owner as proNded M Arkale 14 d the General Conditions. Mmmw atlas of Cwdrad Doceiv rds 9.1 The Contract Docurlernls, aoMW fa ModBtftn Issued after, ascrGon of #ft Agreement, are enumerated as falows 9.1 Agreed is *0 exnnaAad Standout Form dAgresmad Bab oan Owner and 9.1.2 The GenwOl CandEons ere the G@meM CadDans of Nn■ CarAumt for Condrlydan. 9.1.3 Osnersl gpedDa■tla SOON" 00301L 00350 00400. 006DQ D0a01. 007a0. 00970. 000�, 00090, 01010. 01015, 01020, 01027, 01080, 01040, 01044 010110, 01200. 01301, 01310. 01870, 01368, 01396, 014D0. 01730, 01740. O1t100. 01a10 01a20, 0ttia0. 011196- "W, ot680, 01631. 01640. 01700, 0171D, 017�, 017�, 01740. 9.1.4 NotAppka■ba As Itsted in Tabu of Ccnterds, Section 00= of the Prated Mosul fbr this project. 9.1.5 The tlr mkp bedded by tie A#dit t for#w ocanrxgon of gn l�ea®r1 hl 0 apCMM edhcWY &MrR d U A 3.01 A3.O2. A8.03. A3A4, A3.0a. A8.06, A3.D7 and A3.08 9.1.6 TM Addends, Many, areas adorns: Number Date Popes 9.1.7 The Altx■das, Nary, are as frNewa. PGA0118 of Addenda r§Wft to bkk&V nKp*em ms ere nol part ofMe CoMnd Doaunents unless Ore Nddip isqulnerapas an ales aemased In Vile Adlde 9. 9.1.8 Other -documents. if any, format part at No canbad Daasnerds an as follows: BALANCE OF PAGE WMMONALLY LEFT SIGNATURE PAGE TO FOLLOW. YLS�L �c 8/10ld008 AGREEMENT 81-MeEN OVVNER AND CONTRACTpR 00500.9 FREEMAN JUSTICE CENTER BRICK AND STONE This Agreement is entered Into as of the day and year first written above and is executed in at least four original copies of which one is to be delivered to the Contractor, one each to Facilities Development and Architect for use In the administration of 8* Contract, and the remainder to the Owner. Execution by the Contrador must be by a person with authority to bind the an*. SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED AND WITNESSED BY ANOTHER OFFICER OF THE ENTITY. (SEAL) Attest: DDAANNY L. KOLHAGE, Clerk By. Deputy Ckft Date AUG 1 8 2666 BOARD OF COUNTYAKIMMtSSIONERS OF MONROE COt By �TTrl. ORIDA Mayor/Chairman (SEAL) CONTRACTOR Attest: PAVERS & STONE, INC. By: ar? BY. pent e: e%rr g A Az.,,r�1i Print name; Tice: /. &d&er Axwdwam< Title: 1o o Date: Y'A-,_t _aL Data: + z r !0 S J (-,l K Or: I r, c�7r r ,ra a ,a Witness 1:, Date: /owg Print Name: o >Fris o+ — Witness 2: , Date. Print Namur. STATE OF FLomDA COUNTY On tlYe � of ` y 200 befera me .the undersigned rotary publlF Personally appeered [;sg. '—g k Lpo be the Person eAwae twnte is suac�ed above orvrtm axodroedL. As IdGrINC0150n, and acimmNedged that he/she is the parson efOBphetherh above contract vMh Mums County for the owstructpn of the Murray E. Nelson a rat nh for thePKPoeeateinwMained. erNhlrlBl7tryal 0 Ndfa Public Prim Name My commission expires: Seal END OF SECTION 00500 a 8/10/2006 AGREEMENT BETWEEN OWNER AND CONTRACTOR OOSOD-10 I-- A00-RD. CERTIFICATE OF LIABILITY INSURANCE DAmwmwm PRaoucElr Semi# 100818 15 LSBUED AS A MA DF TXNI - •1.. A6A LR9IERYYTO7ER8, 111C --____ .. _ ONLY AND CONFERS NO RIGM UPDM TF♦E CERTIPK'ATE PADLOMCONDE AOSMI; HOLDER. THIS CERIIFTCATE DOES NOT AMEND, EXTEND OR 8TC8sWE8T i Y-- AL gTHE POLK WE MUVNI,FL 79174 I RMURERSAFPORI)MCOVERAGE NOW AWINIeD PAVERS d STONE, INC. .: t . - WIMMMA: NORTHPOINTSCABINILTY VOIJRANCE KRAIG SHOOK « PRODRE881VE EXPRE88 Be CD 80 DOGWOOD RIDGE _ -.—y-- TAQUEFTA, FL 33409 ' - e: _ THE POLICIES OPSISMANCE LIDWWLOWHAVE SM We=,TOTHEWJRM AAMDAMMPORTNEPOLSYPUWDNDICATW.NpTNRN18TANpM6 ANY ROM M®ENT, TERMORCONDRION OFANYOONTRACTORODM DOCUAABRWITN RWPECTTO WHICNTNE CERTrICATE MAY EE M&ED OR hMYPMITADLTNEMMMANDEAFPORDEDOYTNEPOlMD NER6N WMAWTOALLTHETEIAM, 80AO S ANDCONWMNS0F8UCN POUNKA00REIMTELMMSHOWNAMYNAVEMCI !YPAIDCLAM& POInY1N1leR LiR rRQNEItl;X�ul= OAMAEE. UA ZLW, not"o001nIIDm s 1000000 X DDA{R'AcwLseN32MM029 02/1912008 0211912007 A wm AiUTA:R s 1 000 FORM • IAMODO 60IHU1 9ENLAC61 W eATE LMf APPLEi PAII: --Ipmwrxlm mw �ow B - LNAeNY 08487002-1 02A1212008 00I0JMT � {ANBeLA{If '�•"T^O s 1,000,OBtr AUOWNEDAUTOM X 8CMDULEDAUT011 - P� TiwaY 6 X NNwmm X NONOYT/T�AIifOB { �• i Otl1A86TTAilRY ANVAUTD Y- ACCDB/T OTdITiNN 6l ACC M OILM. AOB 8 occln DI MM 220=1433 02/19/2008 02l19/2007 1 _ 00D.000 u•� rA iW�2000.000 am1N;m.E s 'I MIEEIAlIOtl { � P { 7AVAND — - - n'ti dk I wk--, I MONROE COUNTY BOARD OF COUNTY COMMISSIONERS IS LISTED AS ADDITIONAL INSURED. PROJECT: FREEMAN JUS710E CENTER IN KEY WEST LAW= F TEA{OW DEeOIEEOFOLRAEe BECA"oni DeBmuffiF]07D7m MONROE COUNTY BOARD OF w TIEE&NTa ammm Tn1. EmEmmR TD NPR �--mmounm COUNTY COMMISSIONERS NECeATNACATE NDLD®IILMMTOTNE LE:7;EUTFARINETOD080@W L 1100SIMONTONST OxNA'U*ORUABaRYOFAN OWUPONTTEM ,Re AORRSCN KEY WEST, FL 33040 AQ CERTIFICATE OF LIABILITY MURANCE Y"."'m'"" M MMM am AMMD M711f� 11011 till CNfIlSClla �� S. 3_vera:3c P:a2t 1^� ?7:cs IIOLCIpI. OOb NDT� illl'YID d! {l:1-.age, :L lts C6 MAMIBNAMORDR151QOy0 Uwe ccr rco t :=.SCSY PAVERS mm S"om :qc w� 5 he _yea 1090— Su:b 3ewea, IFL 334r.! !damp. �iaTXRF%WMR g110MMOPCIIT.IH�aIICPrIa S1O1CnTM.ML••flM'MT"OR �aRW TAR CiRTIRCJPi WYYM IWIMOR AW FMll MMW.-MMOIOMWMICAOi A13i p[dSRelp/f, Cp1Y OR OOMtTdh CAW POOIRlMI5MRi1gPEOI7OriRdl .�crlwauncsAipYiwc.ouaaanexumrrn rr.aweleecroia.Mreww.e>�auasfaroroaaranaxeasS.o. roodlaR"`�Iean�aiM.rselarwwnlar55�a1� erlMio . �IaMwrMR. .. • . - . T, ..Y4An■.CMLrI�A.lYW.rt� Mrr.M t __.. I:.wtrue — +xti. r . wOM!'.!74+s•1°9. .3 PERM � }s _ pSrlYRI5OIMlWMaM�IlsMM. q�lal.M4l0►OrAlR .s rllMra3s5urRm r�pMSM3srglslMn 4rn.W essn suaumw+m , OMYBYMIIYI� C.� _• .- . ,. _.-.— �/ •.c,. ILI My.wn!lRRrt ' S .. i ylalx,s ..�_...^- � .3MwW .���Z T'FF� _ 0aaa^ Leftmw�.--. .. r3... I Ml�Y®illYai , - rrIMmMM1rs wn A 355� i9 3N0f/]CL6 0l; OR/200]'s` _ _ At—L4A�.,1_ .J __sto,00a .Yww.cr�•t SCO.9a3 MINI 5 0 N ouunea.aselMlno�xaYwa. w.a5s. rraleM�amma�aollrn.rYuawnra. _ -- — MwMw>MMaslllYlClrMlaY!lleeuaumlwo�ewlxew.aMM MORROR OOCRSY 30ARa or OOJ31_•Y OdtrissloxxRs lue MlWIf,MA15II6 s13WiIMY wSwsWw. �• _Oax +MnfY .133 s[Md3:•aR s-Rg3- � WMiRYa�eMO1pMIMI0WYt�.Mf/413MWeo1DMMY. 17Y AFAT !L 33C4t �rM!!1l MagllRplAarlTMIIRIl VPIMMMMO rl �lYll/Y FREEMAN JUSTICE CENTER BRICK AND STONE Section 00750 Genera! Conditions of the Contract for Construction Where FaaMm Development is W a CiorWnMor Table of Articles 1. GeneralProvisbre S. 2, Owner 9, 3. Contractor 10. 4. Administration of the Corhtract 11. S. Suboontractom 12. 6. Construction by Owner or By Other 13. Contractors 7. Changes in the Work 14. Termination or Suspension of the Contract 8/8/2008 General Condit m of the Contract for Consft oboe 00750-1 FREEMAN JUSTICE CENTER BRICK AND STONE GENERAL PROVISIONS 1.1 Basic Definitions 1.1.1 The Contract Docemntx The Contra Documents consist of the Agreement . between Owner and Contractor. Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda Issued prior to execution of the Contract, Owners bid docurrnsnts, Contractor's Paymem and performance bond, other documents kated in the Agreement and ModiNaations issued after execution of the Contract, and the Contractors bid and suppo►ting documentation. A Nbdificgtlon fa (1) a written amendment to the Contract signed by both Parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work Issued by the Ardhntec. 1.1.2 The Conhwe The Contract represents the entire and iniega"d agmwnem between the parties hereto and a gm aeries prior negotiations, representations or eVeernerte, sheer written or oral. The Contract may be amended or nvxM sot only by a Mown. The Contract Documents shall not be construed to create a contractual reledonship of any kind (1) between the Architect end Contractor, (2) Between Facilities Development and Contractor, (3) between the Architect and Facilities Development, (4) between the Owner and a Suboortractor (a) between any persona or orttidee other than the Owner and Contractor. The Owner shall, — however, be entitled to enforce the obligations order the Contract kdanded to fsutMtate performance of the duties of Facilities Development and ArdoscL 1.1.3 The Woric The term WOW means the construction and services required by the Contract Documents, whether completed or partaNy completed, and includes all other labor, materials, equWrwd and services provided or to be provided by the Contractor to fulfil the Contractor's obligations. The Work may constitute the whole or a part of the Project 1.1.4 The Project: The Project Is the total construction of which the work perfomred under the Contract Documents may be the whole or a part and ~ may include oorcttruxNion by other Cortrasctors and by the Ownse s own foroes kwkudng persona or entities under separate contracts not administered by Facilities Development. 1.1.5 The DrawkWw The Drawings are the graphic and pictorial portions or on Contract Documents, wherever located and whenever israued, showing the design, basiion and dimensions of tha Work. genereyMcIudlngPlans, elevations, sections, detaNs, sdmKkdes and diagrams. 1.1.6 The Spee6lcadom. The SpedNoailons are #0 portion of the Cortract Documents consisting of the written regt*emente for materials, equipment, construction systems, standards and worlananship for the Work, and performance of related services. 1.1.7 The Project Mammal: The Project Manual is the volume which contains the bidding requirements, Semple forms, Conmdflkwo of the Contract and SpecNeations. 1.2 Execution, Corralailon end MfaM 1.2.2 Execution of the Contract by the Contractor is a presentation that the Contractor has visited the aite, become familiar with local conditions under which the Work is to be performed and correlated personal observations with requlremania of the Contract Dcoumanfs. 1.2.3 The intent of the Contract Doournent is to include all terns necessary for the proper execution and completion of the work by the contractor. The Contract Documents are comPiementary, end what Is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract FREEMAN JUSTICE CENTER BRICK AND STONE Documents and reasonably inferable from them as being necessary to produce the Intended results. 1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor In dividing the Work among Subcontractors or in establishing the extent of Work to be Wormed by any trade. 1.2.5 Unless otherwise stated in the Contract Doournarts, words which have well-known technical or construction Industry meanings are used In the Contract Documents to accordance with such recognized meanings. 1.2.6 Where on any of the drawings a portion of the Work is drawn out and the remainder Is Indicated in outliins, the parts drawn out shalt also apply to all other Ake portions of the work. 1.3 Ownarahlp end Use of Arahllecre Dmdnga, 8pectillcations; and Other Doaxnents 1.3.1 The Drawing, Specilloations and other documents prepared by the AmWtact are kmtmff etrta of the Arcltfieora service through which the Maw be executed by the Contractor is described. The Contractor may retain ors h`Artraot record set Neither the Contractor nor any Suboonbadw, Sub-auboontoolor or material or equipment suppler anal own or claim a copyright to the Drawings, Spedfloa one and other documents prepared by the Archimct. All copies of them. except the CorhtracWS record set, shag be retuned or etAW* echcouted for to Facubles Development, on request, upon completion of the Work. The Drawrktge, Spadficetions and other documents prepared by the Archieot and oopiea thereof furhitihad to the Contractor, are for use acidly with respect to the Project They are not to be used by the Contractor or any Subcontractor, Sub -subcontractor or material or equipmem suppliers unless they are granted a limited license to hue and reproduce applicable portions of ire Drawings, Speclicatone and other documervis Work Compact prepared by theArchitect: Ar AN appropriate to and for use In the eoosautlon of their copies made under this license shati bear the statutory cmpydght notice, If ay. shown on the Drawings, 3pedgoafiorro and other docunert® prepared by the Architect Submittal or distribution to meet offioia! regulatory MgAVmwft or for other purposes In connection with Oft Project is not to be oo naVued as publication in derogation of copyright or other reserved riglhta. 1.32 Unlere otherwise provided to the Contract Document& the Coraso or wit be hentelhed, 2 original sealed copies. free of charge, of Drerwkhps and Specifioatons reasonably necessary for the execution of the Worts. Additional oopiea may be obtained from Facililes Development at a fee of $5.00 per page. I GpltaNsatlon 1.4.1 Temps captagzed In these General Conditions Include those which are (1) spedfloW defined, (2) the titles of numbered articles and identified references to Paragraphs, Subparagraphs and Clauses in the document or (3) the titles of other documents published by the American Institute of Architects. 1.5 Interpretation 1.5.1 In the interest of bmsviry the Contract Docu merta freyhuernsly omit modifying words such as 'sag" and °arhy' and amides such as "d>e" and -an," but the fact that a modifier or an article is abeam from one statement and appears In another is not k*mdsd to affect the k tsrpnbtaton of either statement. M200ti General Conditions of the Contract for Construction 0075" FREEf MN JUSTICE CENTER BRICK AND STONE 2.1 Definition 2.1.1 The Owner Is Monroe County. The term "Owner^ means the Owner or the Owner's au#xwtmd representative. 2.2 Information and Ssrvhm Required of the Owner 22.2 The owner shall furnish surveys dw"U*g PMsiceI dwad9fthcs, legal NrnBatlorw and utility locations for the aite of the Project, and a legal description of the site. 2.2.3 Except for Permits and fees which are the responsibility of the C 'motor under the COnbsot Docunwft the Owner shall secure and pay for necessary approvale, eaawrhents, asses mft and clause required for conetnudion. use or occupancy of permanent strut wsa or for permanent charges in existing fadMkm Ur*m otherwise Provided under the Cardrec perDOcunwft the Owner. through Fad DeveloPmwri, shall secure and pay for the building 2.2.4 '"formation or asrvioeG Under the Owner's control shall be fumished by the owner with Babb Pr0ff1PlnGsi-to avoid delay in orderly Progress of the Work. 2.2.5 Unless otherwise provided in the Conirm Dooumenta, the Contractor wql famished, free of Charge, Such aoples of Drawinge and Prolgot Manuals as are reeeana WI wry for of the Work 2.2.6 The Owner shall forwsM so communkattons to" Contractor through Fadlilies Development and shati contemporaneously provide it* same communications to the Architect. 22.7 The foregoing are in addition to other dupes and resporsiblifte of the Owner enumerated herein and especially those in Mapect to Mole 6 (Construction by Owner or by Other Contractors), Article 8 (Payments find Completion) and Article 11 (Insumnos and Bonds). 2.3 Owner's MOM to 811op the Work 2.3.1 If the C n#UCW falls to oonsot Work Which is not in accordance with the Miuirements of the contract Dooumergs as required by Paragraph 12.2 or persistently falls 10 carry out wok In accordance with the Contract Documents, the Owner, by written order Blamed Personally or by o army poportir i thereof,specifically f,until the a for such empowered by Me � may beeeenthe Cnaled; or to atop the Work, the Owner to stop the work shall not give rise to a part of t e the d of right for the benefit of the Contractor or on the part of the Owner to exerdse this �Y other Person a entity. 2.4 Owner's Right to Carry Out the Work 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documenfe and fads within a three-day Period after receipt of written notice from the Owner to cOmmerce and continue correction of such default or neglect with diligence and promptness, the Owner may after such thr wit Period give the Conbww a second written notice to correct such deficiencies witihin a three-day period. M the Carrbactor within such second three-day Period after receipt of such second notice fats to cnrrxnence and continue to have rnrro,w e, oared any 4 Mx .,rhws.:..:...,deficiencies, the owner may, out PreCer ludloe to hremedies the Owner may �- '- _---•- _ with - FREEMUIN JUSTICE CENTER BRICK AND STONE deducting from Payments then or thereafter due the Cardractor the cost of correcting such deficiencies, including compensation for another oontraotar or auboonbaclor or Facilities Developments and ArdNteors and their respective oonsultant , additional services and expenses made neoessary by such del etdt, neglect or femure. if pwflnw s than or thereafter due the Contractor are not sufRciew to cow such amounts, the Contactor sham pay the dtfierence to the Owner. In the event of clean-up issues, Owner has fight to provide a ""mum of 24 hours not1cs. In the event of safety feaues determined to be of a serious nature, as datemdned by Facithmsties Development, notice will be given, and contractor is required to rectify Mciency lmmed ARTICLES CONTRACTOR 3.1 DefinMon 3 f .1 The Contractor Is the person or srntmy klerMited as stedt in the Agreement aris referred to throughout this Agreement as m ahgular in number. The term Vonwactoe" nn�ni xi the Contractor or the Conhactoes authoind repre . 3.1.2 The plural term `Condaotora• refers to persona or entities who Perform motion tattler Cmifforw of theme that are aftbdetered by Facilities DemnehloPrnent, and that are identical or mft tartdelly a n#w to these Conditions. 3.2 Review of Contract Documents and field CotKnose by Conlre w 32.1 The Contractor ahaN carefully at* and compare the Contract Documania with each other and with information ftwftod by the Owner Pursuant to Subparagraph 222 and sham at once report to Facilities Development and Arrd aaroro, inconsletaross or omissions discovered. The Contractor shay riot be mebb to pre Owner, Faopiyas Dwjebpnwwor Arohitect for damage resum4rp from mots, inomaietencles or omiscions in the CordractDocuma unless the Contractor r000grdzed such error, Inconsistency or omission and report It to Facilities Development and Architect. N the Contractor Performs construction to actvfty knowing it tmroives a reoogr bW am, 10100rIGIStWICY or amloston inm?w Correct Dootsr W to wilmd such notice to FacSmee Devak prnerd and Anddteot, the Contractor awl of oxtts for correction. or Mich p oMUnce and altar bear an appropriate enptsnt 32.2 The Contractor s► em take Reid meaaummarda and verify Haiti cm ibona and sham caratuly 00mPanl such fleld Meawemerde and conditions and otter kfomatfon known to the Contractor with ire Contreot Documents before commencing activmies. Furs, UxamiBtancies or orrnissknns discovered sham be reported to Fasmitiee Development and Architect at once. 3.2.3 The Contractor sham Perform the Work in accordance with the Contract Doountads and submittals approved ptusuarx to Paragraph 3.12. 3.3 Supervision and Comttruotlorn procedures 3.3.1 The Conractor shall supervise and direct the Work, using the Cm*acws bent 30 and attention. The Contractor` shall be solely responsible for and have control over consbucti. means, methods, techniques. ""Ones and Procedures and for 000rdinamrtg arm Portions of the Work under this Contract, subject to overall coordination of Fad Devalopment as In Subparagraph 4.6.3. provided the FREENV1N JUSTICE CENTER BRICK AND STONE 3.3.2 The Convector shah be responsible to the owner for ads and omissions of the Contractors emptoyees, Subcontractors and their agents and employees, and other persons performing portions of the Wok wider a amvaot with the Contractor. 3.3.3 The Contractor shall riot be relieved of obil9stions to perform the Work in accordance with the Contract Documents either by adividee or duties of FWK"s Devetopment or Architect in their administration of the Convect, or by test, inspections or approvals required or performed by prisons other than the Contractor. 3.3.4 The Contractor shag inspect potions of the Project related to the Contnadors Work in order to determine that such porilons are in proper condition to fee" subsequent work. 3.3.5 The Convector shall verily that the Construction Documents worked with the most recent and updated avaYeble, irxtudkg all Addenda being Also the Contractor sip perform the work sMotly in accordance with this contract. FL 3A Labor and !Materials 3.4.1 Unless otherwise provided in the Contract Doosnerta, the Cor6vaor shall provide and pay for labor, materials, equornart, tools, oorskw&m squornent and rtsaFhknery, water. heat Wak . transportation, and other feco" and services rneceasary for proper execution and beIncorporated in the Work.ork. on of the Wok; temporary or permansrt or Grid whether or nincorporated or to Incorporated 3.4.2 The Contractor shall anfoaca aft disoh*m and good order among the Contractor s employeeS and other persons carrying out the Contract. The Contractor Ja not permit employMGrt of unfit persons or persons not sidped in tasks assigned m thorn. 3.4� ri Contractor k respanekie for the conduct of his smplogses at all tnss. Lgeoondud, destruction abof use d Property, l� or vlctadon of any Federal or State regtktions drape. will be cause for pemsradt dismissal from the project, H any Factiltin � t, the Contractor will removeaWorreplaoethe employee at the rrequast of Faclefts Developmoft Employees: job site at the Cor ots rod from the project will be transported Urn the 3.4.4 The Contractor Shall be totally responsible for the security of his work, metals, equipment, SuPPlles. tools, machinery, and ocratnwtim equipment. 3.4.5 The Contractor shall be responsible for complete, tnsly and accurate tfafd measurements as necessary for Proper coordination, fabrication and Inatapation of his materials and equipment. The Contractor sprees to eoopenate with Facilities Development, if required, to accommodate any discovered vadatiome or deviations from the Drowingwand Spec gir�Oea so that the Progress ofthe Wok kt not mkwnly affected. 3.5 Warranty 3.5.1 The Contractor warrants to the Owner, Fartitities Development and Architect that _ and Wpr egn" fumlahsd WWW the Cork t will be of good qu ft and new unless de tl—envise r tined or Permitted onn napf6y Ma Contrast Documents, that the Work will be free from defects not inherent in the gy, required or por mitt ad, and that the WorWill COW with the submot uatitutiors irements of es Contract Documents. Wok not cordorrrtrmg to these requirensrts, Including Cantradors w Proper approved and authorized, may be conskferecidefeadve. The erenty excludes remedy for damage or defect caused by abuse, modifications 3/8/2008 General Condpioh►s of the Contract for c"minjdlom OD750-6 FREII4I W JUSTICE CENTER BRICK AND STONE not executed by the Contractor, Improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. ff required by Facilities Development or Architect the Contractor shell furnish satisfactory evidence as to the kind and quality of materials and equipment. &S Taxes 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the C Mactor which are legally enacted when bids are received or negotiations concluded, whether or not yet affective or merely scheduled to go into affect &7 Permits, Fees and N dm 3.7.1 Ncerhses, trnepectiorns and sutal fees, rveys required by Federal. &Rhh or Municipal bo�hevi g jurisdiction over the project for the proper eaaecut on and completion of the Work which �e mu tomarNy secw+ed after macudon of the Contract and which are legally required at the tArne bids are reoehred. The The Contractor VAN be responsible for eny other bufklrtg Permit coats or Impact fees requi11119 d 11 Plumbing, electrk;al, HVAC, etc. this project. The Contractor shah secure and pay for all b WMV and specteRy Permits includ6 3.7.2 The Contractor shall comply with and glue notices required by laws, ordinances, rules, regulations and bwful orders of publlo authorities bearing on parkmMm of the Work 17.3 It is not the Contraoto°s responsibility to ascertain that the Contract Doctarnents are in accordance with applicable lours, sftbtse, Ordirmices, building codes, and rise and regulations. fforreusr, N the Contractor obsemss that portlorw of the Contract Dcuments are at variance therevritih, the Contractor atnrdl Owner in writing. and necessary changbe accomplished by appropriate AAod�tim es 3.7.4 ff the Contractor performs work knowing it to be contrary to lsw% statutes, ordinances building codes, and rules and regulations witlhout such notice to Facilities Daveiopmera, Architect and Owner, the Contractor shelf eeeurtne full responsibility for such work and shalt bear the attributable -oafs. 3.9 Supwirdsndant 3.9.1 The Contractor shell employ a competent superinigndent and necessary assistants who shall be in attwWanos at the Project site during performance of the Work. The euperkhtendent shall represent the Contractor, and oommunicalions given to the ehaN be as Other 00m rding as 9wnkatlons shall be alrtnHar ven to the Contractcr. IMPOftt � shall � confinned to "sting superintendent shall be sadafactcry to Facilities request in each aces The *" the consent of Facilities peveiopm®nt, unless snt and ert p not be changed except unsatisfactory to the Contractor or ceases to be in his employ.proves to be &10 Contr*~* Construction SchwMe #0 O The Contractor.dArchit prorrptly after being awarded pre Contract shel Prepare and submit for the Owns► s and Architec's information art Facilities Development's approval a Cont►acoes EMI 006 General Carron of the Contract for Construction 00750-7 FREEMAN JUSTICE CENTER BRICK AND STONE Construction Schedule for the Work. Such schedule shall not exceed tine Knits parent under the Contract Documents, shall be revised as appropriate intends as required by the oomditions of the Work and! Project, shag be related to the entire Projeot oonstnrotion schedule to the itions required by the Contract Documanta, and shall provide for expedttiotrs and practicable Adent ward, s of the Work the schaduls, to be submitted within tourism (14) days after Contrad Award shall indicate the dates for the starting and completion of the various sty of construction, shall be revised as required by firs conditions of the Work, and shall be subject to Facilities Devebpmenrs approval. 3.10.2 The Contractor shag Cooperate with Faculties Development in scheduling and performing the Contractor's Work to avoid oonflfcf, do* in or Interterenoa with the Work of other Contractors or the construction or operations of the Ownsr's own forces. 3.10.4 The Contractor shag oonforn to the most recent schedules. 3.10.5 The Architect will condoat a weekly scheduling rmm ft which the ContracW shag attend. At this meeting, the parties can disouss Ontly such matmre as progress, sdredulkV, and problems. &11 Doeurnu is and Sampee at the 8Poe 3.11.1 The Contractor shah maintain at the aft for" owner one record copy of the Drawings, Speoiioations, addenda, Change Orders and o0w Modgicadons, In good order and marked currw* to record d►amgee and sabclbns mare during ocns ruogon, and in additlwr approved available DevelopmentShop Mawfts, Dam, Samples and sirrrer ragaYred eubmittsis. These shall bit Development for aubmittall the Owner and shall be delivered to Fadigift upon completion of the Work 3.12 Strop Drawptpe, prodtx* pads and Samplee 3.12.1 Shop Drawings are drawings, d aWama. sahedul•e and otirer data spsdagy preparad for the Work by the Contractor or a Stbootgraolor, Sub-subcp . ff&vAsciurer, sMger or distributor to illustrate some portion of the Wok 3.12.2 Product Data arerttions, standard scredukM performance . instructions, brochures dalnarra and otheOtter kffamration km*hed by the Contractor to muabats materials or equipment for some portion of the Work 3.12.3 Samples are physical exerp les which Muaa ate rnatedmis, equipment or workmanship and establish standards by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract woD ichcu sahib itare Purpose Of of their submga tal is demonstrate fa. those p>tdona d the Work for required the way the Contractor proposes a conform to the Intomwfm subject the de oorw pt expressed In the Contract Documents. Rw by the ArdrteCt is 3ubpsre~ 4.&12. 3.12.5 The Contractor shag review, approve and submit to Fac idw Development. In accordance with the soheduie and aequwm approved by Fadl� Devsiopr ark Step Drawings. Product Dam, Samples and simiar suixTiTttae required by the Contract Documents. The shall re Facilities Development in the coordination of the Contractor's mkt�als with related doents submitted by other Contracto s r ekW, SuSubmittals made ba cumProductand Contractor which are not required by the Contract Documents may be rammed without argon. the Contract for Construction FREEMAN JUSTICE CENTER BRICK AND STONE 3.12.8 The Corrtraator shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or sin lw subn*Ws until the respective submittal has been approved by Fadlitiea Development erxt Architect Such Work shah be in ao=dance with approved submittals. 3.12 7 By approving and submitting Stop Drawkngs, Product Data, Samples and similar submittals, the Contractor represent that the Contractor has dstent6W and vwffled materials, tietd measurements and flea construction oriteria related thereon, or will do so. and has che*ad I coordinated the information contained within such submittals with the requiremaMa of the Work and of the Contract Documents, 3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirememg of Product Doctsnents by Facilities Development's or Architect's approval of Shop Drawknge, Faodu �' Samples or similar submitals unless the Contractor has rely infonmed Facilities � and Architect in writing of such deviation at the Itme of submittal and De"4xneM and Architact have given written approval to the apecific deviation. The Contractor Conductstreti not be relieved of reeponsibiyly for errm or omissions in Shop Drawings. Data. Sarnplas or aknyar suNniffale by Facilities Development's and Architsom approval thereof. 3.12.9 The Contractor shall direct specM atmntion, in writing or on resubmitted Shop Drawngs, Product Dam, Samples or abnilar submittals, to revisions other than those requested by Fsolifts Development and Architect on previous aft*Ws. &12.10 irdarnmMonsl submittals upon which FadN6ss Dev@kP7W t and Archyact are not expected to take responsive action mey be so life MW in the Contract Docxrnenm. 3-1 11 wh is professional osrlttication of pedme ornoe orkria aof nud mega, systems or entitled o required by the Contract Dom rnarffs. FacMUm Development and Architect gum be rely Wort the awurscy and corrpigianses of such catarlstions and =W"&M. 3.12.12 If materials apedHed In the Contract Ckxx#Tenm are not available on th present market, the Contractor may submit data on substitute nxmdals through the Architect to Fadtitlee Oehro 1--ht fa approval by the Owns'. 3.13 Use of tilts 3.13.1 The Omtraotor shay con9ne qm ff w at the aim to areas permitted by law, ordinances, materials a Permits and the Dlochxrrhemhta hay and smen unreasonablyerrarrra6ar the aim whir 3.13.2 The Contractor shay coordinate the CoMMctorWs operations with, and secure the approval of, Facilities Devsk4 rnant before using any portion of the aim. 3.14 Cutffng aid patlohfrg 3.14,1 The Contractor shall be responsible for cuftV, fitting or patching required to complete the oak Work or t a Its parts ff pat together propery; He shell also provide protection of existing 3.14.2 compleThe Contractor shay not damage a endanger a portion Of the Work or fully or partially ted construction of the Owner's own forces or of Ottw Contractors by ctmtdrg, patching, excavating or otherwise altadng such construction. The Contractor erey root q* or otherwise atier such construction by other Contractors or by the owners own fames except wish written corxsent of the Facilhas Developmerd, owner and such other oonracors: such w nt she11 W/f1120o8 Generel Conditiahe of the Corms tnr r�...es. _ -- FREEI AN JUSTICE CENTER BRICK AND STONE not be unreasonably withheld. The Contractor shall not unreasonably withhold from the other Contractors or the Owner the Contractor's consent to outting or othervwss altering the W(rk. When structural members are Involved, the written oonsant W the AwhitecNEnginear she am be required. The Contractor shall not unreasonably Withhold from FadNtles Development or any separate contractor We oonsent to cutting or othennrise altering the Wodc 3.14.3 The Contractor shag arrange for any bkokouts cumut, or opening required for the Installation of his mafnrdafs and equipment and the execution of his work. Whether or not shown or indicated on the Dmwlhgs. The Contractor shag be further responsible for sealing and/or finishing, in an acceptable fashion and meating any applicable code requirements, and such block -out. cutout opening, or other hole In any fire -related floor, ceiling, wag, security wall, or arty other finished surfaoe. 3.15 Chming Up 3. 16.1 The Conductor shag keep the premises and sxmwX tug area free from accumulation ccum tat on of waste materials or rubbish caused by opwalgona order the Contract At complatbrt ofthe Work the Contractor shall remove from and about the project waste m ewlab ntbb[ah, the Contractor's tools, won OqUI"eat P. machinery and surplus material®. Clean Lip stag be performed to the eahsfaction of the Owner or Feaigges Devebpnem. — 3.15.2 11 the Corutmoiw-toils to clean up as provided In the Contract Documents, Fadgow DDevellopment rosy do so with the Owner's approval and the cost thereof shag B be arged to the 3.18 Access to Work 3.18.1 The Contractor shag provide the Owner, Facigtles Developmsnd and Architect access to rever the work in preparation and progress whebtwted. 3.17 Roysits" and Patents 3.17.1 The Contractor shag pay all royagias and flostres fees. The Contractor shag defend suits or claims for �t of putt rights and shag fold Kra Owner. FacNftict Architect hanrdeas from lose on account thereof, but slag rot be reaporrogrte for wuch� se se or loss when a particular deign, prooees or product of a pw tdar mentdach er or manufacturers IS required by the CmuW Dccu matgs. However, if the Contractor has reason to believe that the Contractor slag be � a for such ldesign. Process; ose product is an irrhirtgwnw t of a patent, the the AroldMct unless such k mnatlon Is promptly fumiahed to 3.18 Ida and Hold Harmless & 18.1 The Contractor covenaMe and agrees to indemnify and fold harmleea Monroe County and Monroe County Board of County Commies OMM from any and all dllahns for bodgy hjwy (inClud ing death). personal inft", and property damage (Including Property owned by Monroe County) and any Wier losses, dameges, and expenses (ktcludIng attonwo fees) whbh arise out of, In connection wgh, or by reason W services provided by the Contractor or any W its subcontractors In any tier. occasioned by the negligence or the we Contngkd act r o any of ts fits Contractor or is subcontraWore in arty tier, their employees, or agerds. The Bret tern dogars ($10.00) W remuneration paid to the Contractor is for tta kdamngbatlon provided for the above. The extent W liability is in no way iknited to, reduced, or lessened by the irheurarrce or the bo m. the Contract for FREEMAN JUSTICE CENTER BRICK AND STONE contained elsewhere within this agreement. This provision shall survive the expiration or earlier termination of this Contract. ARTICLE 4 ADMINISTRATION OF THE CONTACT 4.1 Architect 4.1.1 The Amtthitect is the person lawfully Roaneed to pract os architecture or arty entitylawfuly practicing ardtttecture Identified as such in the Agreement end Is referred to dratglald the CArohitaeras authorized r firepr ntskWaaDocuments as tive The term `Ardttecf means the Architect or the 4.2 Facilities Development 42.1 Facilities Development Is the person or entity idertifted as such in the Agreement and is referred m throughout the Contract DoouM"M as If emguinr in mn bw. The term `Fa Mgw sutho represenDevelopmeff tative. FadNft Development of �� or Fib Deeldpmenrs 4.3 Duded� responsibilities and limitations of authority of Facillit" Developrnent e Architect as Be Contract Dom she c modified ra axed be restricted, t — without written consentthe Owner, Fadiides Dens of stall not be unreasonawtihhefd. Architect and Contractor. bly 4.4 am 11001 in � of termination of employnM4 Of the ArchftwL the Owner shah appoint an thehContract Dotxtmerrts shah Contractor against whom the that Of 00 former Attu oblecNon arM whose a under " Not Mod 4A Administration of the Contract — 4.6.1 Fa Mbn Development and Architect will provide adtntMsdation of the Contract as deso rted in the Contract Documents, and will be the Owner's repreeartt dyes (1) durin0 construction. (2) until Ones paymert is due and (3) with the Owner's concurrence. from tints to time during One correction Period described In Paragraph 12.2. FaoWiies Development and Architect will advise and ooneult with One Owner and will have authority to act on behalf of the Owner only to the extent provided We the Contract Document, artless cthewiea modified by written mstrument in accordance with other provision of One Contract, 4.62 Facilities Development and ArohlM t will determine In general that the Work Is being performed in accordance with the requiremets at the Contract Doopsnets, wW keW the owrwr informed of the progress of the Work, and wW endeavor to guard the Owner against defeats and deficertofes in the Work. 4.6.3 Facdtiee Developmem will provide for coordination of the acdvWn of other Cmhmicre and of the Owner's am forces with the Work of the Conhad or, who shall cooPerafe with them. The Contractor shed participate with other Contractors end Facilities Development and Owner in reviewing their conektwiton schedules when *acted to do so. The Contractor shad make any revisions th the Construction schedule deemed necessary after a Joint review and mutual agreement. The oonetruodon Schedules Shed Constitute the achedtalae to be used by the Contractor, other Contractors. Facfties Davelopmet and the Owner urd atttasqueny revised. 90200B General CondWahs d the Contract for Construction W760-11 FREEMAN JUSTICE CENTER BRICK AND STONE 4.6.4 Not Used 4.6.5 The Architect will visit the site at intervals appropriate to the stage of construction to become generally famitlar with the program and quality of the completed work and to detemcna in general it the Work Is being performed In a manner indicating that the Work, when completed, will be in accordance with the Contract Dooumenta. However, the Architect will not be regtdred to make exhaustive or continuous omits impactions to check quality Or quantity of the Work. On the basis Of On,aits observations m an architect, the Architect will keep the Owner in kwmed of progress of the Work, and will endeavor to guard the Owner against defects and deficiencies In the work. 4.6.6 FacYtim Development, except to the extent required by Architect will not have control over or charge of and will not be responsible for construction nears, maIf techniques, or procedure or ton safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided In Paragraph 3.% and neither will be responsible for the Controclora failure to carry out the Work in a000rdence with the Contact Documents. Netiher Facilities Development nor to Architect will have control over or charge of or be responsible for acts or ancIasions of the Contractor, Bubconhaotws, or their agents or employees, or of any other parsons performing portions of the work. 4.8.7 Communication Farming Contract Adn*gsbv6cn. Except as otherwise provided In the Contract Documents or when direct communications have bosh specialty autihodsed, the Owner and Contractor Shell communicate through Faclites Development, and shall contemporaneously ntemporaneously provide the awe oonrrwrnlostlors to the Architect. Communications by and with the Amhitsoft coneuitanta shell be through the Archlleat. Communiceyps by and with Subcontractors and material suppliers Shah be through the Contractor. Communications by and with other Contractors shall be through Facilities Developmert and shag be oontemporarsously pad to the Architect 4.6.8 The Architect will review and osrtNy all Applicstio s for payment by the Contractor, including final payment. The Architect will assemble each of the Contractor's Api*mfiors for Payment WO aimdar Appllcatlons from other Contractor Into a project Appiorntion for payment. APrftead certifying the amours due the Contractors, the ArohYecc will submit the Payment, to Facilities �akh� with Contractors' APPH for 4.6.9 Based an the ArchttecPs observations and avakmdons Of Contractors! Applications for Payment, and the certifications of FMNw Davalopnsnt, the Archie will review and approve the amounts due the Contractors on the AppNcation for Payment. 4.6.10 The Architect will have authority 10 reject Work which does rot conform to the Contract Documents, and to require addtlonef inspection or testing, In accordance with Sub paragrepfs such acgonand i8.5.8, whether or not such Work Is fabricated. metaled Or completed. but will take Yeses Devety enter notifying FaciiSu fes Developr em. Subject to review by the Ardctact, lopmsm will have the authority to mach Work which does not conform to the Contract Documents. Whenever Facilities Development oorsiders it neom any or advisable for Implementation of the Inert of the Contract Documents, Fsoilld" Development will have authority to require additional Inspection or testing Of the work in accordance with Subparagraphs M52 and f 8.5.5, whether or not such Work IS fabricated, irateflad or Sumpleted. The foregoing authority Of Facilities �bpment wit be skim to the provisions of bparagraphs 4.0.18 through 4.0.20 Incisive, with respect to Interpretations and decision of the Architect However, neither the Architeas nor Facilities Development's authority to act under this Subparagraph ".10 nor a decision made by either of them in good faith either to exercise or not to exercise such authority stall giros rise to a duty or Msponslibility,of the rd r FREEMAN JUSTICE C194M BRICK AND STONE Architect or FaclfNes Development to the Contractor, Subcontractors, materiel and equipment suPPiere, their agents or employees, or other persona performing any of the Work. 4.6.11 The Architect will receive from the Contractor and review and approve all Shop Drawings, Product Data and Samples, coordinate them with krformation received from other Contractors. and transmit to Facilities Development those reoanxnarndad for appmvaL The Architect's actions will be taken with such reasonable promptness as to cause no delay in the Work of the Contractor or in the aofivides of other Contreolore or the Owner. 4.6.12 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings. Product Data and Samples, but only far the limited purpose of checking for octitomance with Information given and the design concept expressed In the Contract Documents. The Architect's action will taken with h tphwe trhess oil ""darkt with the conabeinls of the Project achedknle 80 as to cause no delay in the Wkrk of the Contractor or In the activities of the Other Contractors, the Owner, or Facilities Development. while allowing sufficient time in the Architecte professional judgment to permit adequate review. Review of such submittals Is not condkroted for the purpose of determining the accuracy and completeness of other details such as durwddw s mid quantities, substantiating Instructions for installation or performance of equipment or systems, all of which remain the the Contract Documents. AThe�An**We r8W&VV Of the Contrs shaof the Corftclor as Contractor asma shalled notnett rdeve the Contraoor of the obligations under Paragraphs &3, S.6 and 8.12. The Architect's review aheo Anorcthitfact approval n safety k,eo P WeLd oneor, unless otherwdee apecWmMk stated by tie of army Arohhect'e approval of a specific kern shall not indicate PProvauof an ssembly f witea. The item lo a canporenL approval of an assembly Ot which the 4.6.18 Facilities Oev+elopment WHI prepare Charge Orders and Construction Change Meodves. 4.8.14 Following consultation with Fmilitfes DevelopmeM, the Arohiieot will take appropriate so*' on Change soil have authority Orders or Oonstru Lion Change Dieodvee to ssc0►dWW8 with Article 7 and to order minor changes In the Work as provided in Paragraph 7.4. 4.&15 Not Used. 4.6.18 The Contractor will asSist the Architect in omx kxft Ispectiors to dstenrdne the dates of Substantial cornplWon and final completion, and will receive and forward to tie Architect written Wmhandss and related doourrents required by the Contract aid aaeembled by the Contractor. The Architect will forward to Facilities Dehrebpment a final Project Appicatlon for Payment upon compliance with the requiremenle of the Contract Documents. 4.6.17 If the Owner and Architect agree, the AmthOKI witi provide one or more project representatives to as" in carrying okrt the Architects responsibliNse at die rile. The duties, reaporsibiNties and lindtatiors of arrdwrity of such project repre�afim shah be as set forth In an exhibit to be Incorporated in the Contract Dcc unsrts 4.6.18 The Architect will Interpret and decide matters concerning performance under and rsquiamw is of the Contract Documents on written reheat of Facilities Development, owr Contractor. The Ancdteot s re¢ponee to Such ►aquesta will be made with r or proomptness and within any time omits agreed upon, if no agresmantis made con cerning the time within which Inlerpretatias required of the Architect shelf be fumiaisd in compliance with this Paragraph 4.6, than delay shall not be reoogniaad on account of falkrre by the Architect to furnish such interpretations unto 15 days after written request is made for them. 4.6.19 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable Iran ilia Contract Documents and will be in writing or in the form of WW'a p6 General Conditions of the Contract for Construction nn7rn_4 a FREEMAN JUSTICE CENTER BRICK AND STONE drawings., When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Convector, will not dhow pardaray to either and WAN not be liable for results of interpretations or decisions so rendered in good faith. 4.6.20 The Architects decisions on matters relating to aestimlic effect will be final N consistent with the Intent awaseed in the Contract Documents. 4.7 Claims and Dh*Kd s 4.7.1 D~on. A Gahm is demand or assertion by one of the parties seskfng, as a mailer of right, adjustment or interpretation of Contract tsmb% Payment of money, wdension of time or other relief wfth respect to the tears of the Conir". The term `Claim" also includes other disputes and matters to question between the Owner and Contractor arising out of or relating to the Contract Claims must be made by written notice. The responsiblifly, to substantiate. Claims shall rest with the party making the claim 4.7.2 MGM and Confer. The Contractor, Facilities Development and Iunhilect Md try to resolve the claim or depute with meet and confer 8998101M o orr claim, be own wkW mom 15 days of the dispute or cla, N the parties cannot mod" tlo depute or claim, the matter shall be Prsawdsd to the Board of Cotariy Commiseioners for Monroe Counlyto resolve the daun or dwputs. Any claim or depute that the parties cennot resolve shall be decided by the Circuit Court, t aP JucWal Ciroudt, Monroe County, Florida. 4.7.3 Time L hafts on Claims. Claims by sitlter party must the made YAOM 21 days after occurrenoe of the event giving rise to such Claim or wNhhn 21 days after the claimant first reoogniaes the condition giving rip to the Gann, wihholwm fa later. Claims must be made by written notice An additional Claim made after the intilal Claim has been implemented by Change Order will not be considered unless str6rrr W In a Wn* rnarww- This npryCe Is not a conditton P080edwil o any other legal action or suit 4.7.4 Continuing Contract Perfamalros. pending fines resokrtion of a Claim unless otihenvise agreed in writing the Contractor stteti proceed ditigsntly with of the COntract and the Owner shall continue o make payments in accorcigum with the Contract Documents. 4.7.5 WSWW of Cldms: Find tsaymsnR The making of fkrol payment shill constitute a waiver of Claim by the Owner owept those arising from: t liens, Claims. security interests or enousnbra ncas arising out of the Contract and unsettled; .2 failure of the work to comply with the requirements of the Contract Documents: or .3 temps of special warranties rerpaired by the Contract Dmwwn ts. 4.7.6 Clairna for Concealed or Unknown Cotwitiorrs, If conditions are encountered at the sin= h are {t) subsurtaoe or othervrip eonceded physical corhdNiorhe which dtifer materiallyee ineiOated in tine Contract Douasrwrres ar (2) rxukrtowm PhY iorhs ell an nature, wMcih dtifer mateniaryy from those arctrxrNy fousW o ehd6t end generallyed as inherent to corrhelrhrctlon ae�ivNlas of the character provided for An tits Cordvaatnts, then notio9 by the observing party dhoti be glven o the e>ftror petty promptly before s are disturtted and O rho utvent later ifhan 21 days after Bret obaerwraroe elf tiesd The Architect will p.2. investigate such corhditiorns, and the parties wiry fellow,edure in paragrapth 4.7.2. 8/3/200B C�enereI Conditions of the Contract for Construction 00760-14 FREEMAN JUSTICE CO3NTER BRICK AND STONE 4.7.7 Claims for Addtortal Coa ff the Contactor wishes to make Claim for an Increase in the Contract Sun, written rKfto as provided herein dial be given before proceeding to mecute the Work. Prior notice is not required for Claims relating to an emergency endangering Ile or property arising under Paragraph 10.3 If the Contractor believes additional cost is Involved for reams including but not limited to (1) a written interpretation from the Architect, (2) Not Applicable (3) a written order for a minor charge in the Work issued by the Archiled, (4) failure of payment by the Owner, (6) termination of the Conf d by the Owner, (a) owner's suspension or (7) other reasonable ground. Clain shall be lied in accordance with to procedure established herein. 4.7.8 Clelms for Additional Thhm. 4.7.8.1. If the Contractor wishes to make Claim for an increase In the Contract 7"rme, written notice as provided herein shall be givan. 4.7.8.2If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather oo xlft a were abnormal for to period of time and could not have baba reasonably anticipated, and that weather conditions had an adverse effect on the scheduled wrmtruoton, 4.7.9 Initwy or Demege to Pereon or Property, 0 either parry to the Contract suffers khjury or damage to person or properly because of an sot or orniesslan of the other party, of any of the other POWs employeesror agents, or of others for whose eats such party Is legally liable, written notice of such injury or tinge. whether or not Inawed, shelf be glum to the other party within a reasonable time not Wwoodi g 21 days after first observance. The notice Mail provide dulliciert dotal to arable the oter party to investigate the matter. If a Claim for adr nk" cost or time related to this Claim is to be asserted, it did be fled as provided In Subparagraphs 4.7.7 or 4.7.8. AR71C LE 5 SUBCONTRACTORS 5.1 Datfni5ons 5.1.1 A Subcontractor lea person or ertlly who has a drect contract with tee Contractor to perform a portion of the work at the sins. The temp'SuboororasW is referred to throughout the Caetraot Doourents as If Singular In number and means a Subooritrautor or an authorized repreeentaBve of the Subcontractor. The term 'Subcontractor" does riot Inokide other Contractors or subcontractors of other Contractors. 5.1.2 A Sub subcontractor is a person or entity who has a direct or Ircdkect contact with a Subcontractor to perform a portion d the Work at the site. The terns `Sub wboorxrBCW is referred to troughout to Contract Documents as If singular in number and means a Sub - subcontractor or an authorized represerpative of the Sub-suboOrtraclor. 5.2 Award Of Subcontract@ and Other C ontreets for Porftw of the Work 6.2.1 Unless otherwise stated in the Contract Documents or tre bkfty requirements, the Contractor, as soon as Practicable after award of the Contract, shall fumsh in writing to Facilities Development for review by the Owner, Facilities Development and Architect the fabricatedmeOfpersons or sniffles (Md udhV those who are to furnish materials or equipment Development Special design) proposed for each principal portion of the Work. Facilities& promptly reply to the Contractor in writing stating whether or not the Owner, &*2006 eaneral Corrdlions of the Contract for Conshuction 0075D-15 FREEMAN JUSTICE CENTER BRICK AND STONE Facilities Development or Architect, after due investigation, has reasonable objection to arty such proposed person or entity. Failure of Facilities Development to reply promptly shall oonetitute notice d no reasonable objection. 5.2.2 The Contractor shag not contract with a proposed person or entity to Mom the Owner, Facilities Development or Architect has made reasonable and timely objection. The Contractor shag not be required to contract with anyone to whom the Owner. Facilities Development, or Architect has made reasonable objection. 6.2.3 If the Owner or Fadlitles Developrert refuse& to accept any person or entity on a list subnddsd by the Contractor in response to the requirements of the Contract Documents, the Contractor shag submit an acceptable substitute ; however, no increase In the Contract Sun shell be allowed for any such substitution. 5.2.4 The Contractor shag not flange a Subcontrator, person or entity pmvbL%iy selected if the Owner, Facilities Development or Architect melrss reasonable objection to such change. 5.3 Subcondacival Rellubm 5.3.1 By appropriate w►illen agreemem, the ConUVA r shall require each Ste, to the extent of the work to be performed by the Suboontmdw, to be bound th the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and Faciesponsibilities which to Contractor, by theas Documents, assumes Da oprren t mind Architect. auaglr toward prawn Oa w the rights of the Owner, Fadlitles stag ontracD and protect mevft with respect to the work to be a� Architect under the Contract kV thereof perfarned by the SerWtorroactor q first subcorroad(rg thereof will not prejudice such rtghts. When appropriate, the Contractor shall require each Subcontramor to enter kto similar agreements with Sub-au600rdracb The Contractor shag make available to each proposed Subcon actor, copies of the Contract Documents which the Subcontractor whl be bound, and. upon wrgtenn request of the Subcontractor, Mangy to the Subcontractor terns and conditions of the proposed subcontract agreement which may be at variance with the Conked Documents. Subcontractors shag similarly rake copies of applicable portions of such documents avallabhe to their mgmMve proposed Su&oubcontmdom. SA CordngeM Assam aaard of Subcontracts 5.4.1 Each subcontract agreement for a portion of the Work to assigned by the Contractor m the Owner provided that; .1 thassriprtment is effective orgy after termination of the Contract by the Owner for cause Pursuant accepts by notifying the Subcontractor In writing which the Owner .2 aesigmment Is subject to the prior 6" of the surety, g any. obligated under public construction bond ooveritg the Contrast. 5.4.2 If the work has been suspended for more than 30 days, the Subcontractors compensation shag be equitably adjuttecl. ARTIM a CONSTRUCTION BY OWNER On BY OTHER CONTRACTORS ti.1 Owner's Right to Perform Construodon with Own Forces arc to Award Other Contracts 6.1.1 The Owner reserves the right to perform cwnstructim or operations related to" Project with the Owner's own forces, which include persons or entities under seosrate rxn*mrts ThA Owner further reserves the right to award other contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these kX*X* g those portions related to insurance and waiver or subrogation. 6.1.2 When the Owner perforns constriction or operations with the Owner's own forces including persons or entities under separate contracts not administered by Facilities Development, the Owner shall provide for coordination of such forces with the Work of the Contractor who shalt cooperate with them. 6.1.3 It shall be the responsibility of the Contractor to coordinate his wohtc with the work of other contractors on the site. The Owner and Far.ilities Development shall be held harmless of any and all costs associated with improper 000rdhdon. &2 Ifihrlual ResponabNny 6.2.1 The Contractor shall afford the Owners own forces, Facilities Development and other Contractors reasonable opimiunity for Introduction and SIGIN16 of thek materlols and equipment and pedommence of tlak aoliAkl% and stall owned and coordinate the ConlraoWe construction and operations with theirs as required by the Contract Dopananie. 6.2.2 if part of the Contractors Work depende for proper execution or results upon — construction or operations by the Owners own forose or other Contractors, the Contractor shsif, prior to proceeding with that portion of the Work, promptly report to Fadhties Development and Architect apparent dlecrepandea or defects in each other construction that would render it unsuitable for such proper execution and results. Fatiure of the Confrecfor so to report shall constitute an admowiedgrnerhtthat the Owners own forces or dither Ow*acto w completed or partially completed or partial completed construction Is fit and proper to receive the Contractors Work, except as to defects rot then reasonably discoverable. 62.3 Costa Mused by delays or by Improperly Ilmed activities or defective condruolfon shall be bane by the contractor. 62.4 The Contractor shall promptly rerrady damege wMnglogy, Mead by the Cortractor to oormpletad or partially cohnpletad Construction or Ito property of the Owner crolher Contractors as provided to SubperaWsplh 102.5. 6.2.5 Claims and other disputes and matters in question between the Contraotor and Ww Contractors have � to the provislorhs of Paragraph 4.7 provided the other Contractors 6.2.6 The Owner and other Contractors shall have the same responsibilities for cutting and fxlol ft as are described for the Contractor In Paragraph 3.14. 6.2.7 Should the ConVactor contend that he Is entitled to an extension of time for completion of any portion or portions of the work, he shall, within (72) hours of the occurrence of the cause of the delay, ratify Facilities Development In writing. of his conlonti n: selling forth (A) the cause for the delay, (B) a desorption of the portion or potions of work affected thereby, and (C) all details pertinent thereto. A subsequent written application for the specific number of days of extension of time requested shall be made by the Contractor to Facilities Developmment within (72) hours after the delay has ceased to exist. .1 It is a condition precedent to the consideration or prosecution of arty dekn for an extension of time that the foregoing provisions be strictly adhered to in each instance and, if the Contractor fails to comply, he shall be deemed to have waived the clam. MINN General Conditions of the Contract for C 0075017 FREEMAN JUSTICE CENTER BRICK AND STONE .1 mutual acceptance of lump sum properly itemized and supported by sufficient substantiating data to permit evaluation and payment, and approved by the appropriate authority in vnifirng; .2 unit prices stated In the Contract Documents or subsequently agreed upon, and approved by the aPproPrlatt authority In writing; .3 cost to be determined In a manner agreed upon by the parties and a mutually acceptable fixed or percentage tee; A or by method provided in subparagraph 72.3. 72.3 if none of the methods set forth In Clausee 7.2.1 or 72.2 is agreed upon, the Contractor, provided a written order signed by the Owner or Facilities Development is received, shall promptly proceed with the Work Involved. The cost of such Work shag then be determined by daily force accounts In a form acceptable to the Owner and Fsor7ites Developmertt. The daily force account forms shag kkntiy Contractor and /or Subcontractor parsordwil by name, total hours for each man, each piece of equipment and total hours for equipment by type for each extra Work activity plasm. Each daily force be f ft designated Feaagree Developms 8 representative no later than the dome of business on the day the Work is performed io verify the Remo and hours Noted. Extended pricinng of theft tonne shaft be submitted to Facilities Devrelopment with all supporting dooumentnton required by — Facgities Development for inclusion Into a change order. Unleas otherwise provided in the Contract Documerts, OM start be limited to tfhe following: cost of materials, including safes tax and cost of delivery; cost of labor, kwWng social security, old ape and unemployment Insurance, and fringe benefrk required by agroenhent or custom; works' or worlm an's aompenmation insurance: and the rental value of aWlipmernt and madhirmy. Markups for overhead and profit wig be in aacardernoe hvltih subparagraph 72.4. Perhdirp ftnd detemhir►aUon of opt, payrrsnts on account suss be made as detamhirhad by Fadltke Devebpnuent. The arnotxd of credit m be slowed by the Oonhahntor for any deletorh or change, which reeAts in a net decrease k the Corhtraof Sum, wig tie tine amarrt of tw stud net Quiet as oordimued by Fadlites Development When both additiors crud credUs anrerlrg rmleted Work or bons are invohred in arhy ont change, the agoVrarhoe for overhead anti profg snap be (bored on the basis of the net irnprease, g arhy vrltln respect to that grange. 7.2A The actual cost of Changes in the work may include an Items of tabor or materiel, power WOK and equkxnem actually urged, utilities, pro raft dwgse for foremen, and an pasTa oFnarges such ae Pubic LkMty and Workmen'a Compensation Insurance. No percentage for overhead and profit shag be allowed on Rome of Social Security and gales Tax. ff dedhrdions are ordered the credit shag be the net coat. Items considered as Overhead sled include insurance other than that mentioned above, bound or bonds, w4wi mantaK trnekeeptr geks, watchmen, use of small took, miscellaneous euppke, Incidental Job casts, warrantee, and aI general homarfleld Office expenses. The actual 0061 Of Changes in the work (other than those covered by unit prices sat forth in the Contract Documents) shag be computed as follows: .1 g the Contractor performs time actual Work, the rreximuhn percentage nark -up for Overhead shall be two percent (5%) and is maximum percentage for profit shag be five percent (5%); 2 if the Subcontrada performs the actual Work, the percentage mark-up for overhead and profit shag be a maximum addition of ten percent (10%). if the Contractor does not perform the Work, the maximum mark-up for managing the Work will be Me percent (s%); 3. g the Subcontractor perfomhe part of the acksf Work, his percentage mark-up for overhead and profit shag be a maximum addition of tern percent (10%) on his direct Work only. M W812006 General Conditons of tine Contrail for Construction W750-19 the Contractor performs part of the actual Work, his percentage mark-up for overhead and profit shall be a maximum addition of ten percent (10%) on his d ract Work only. 7.2.5 The Contractor shag furnish to the Owner through Faclkft Development, an iternized breakdown of the quantities and prices used In computing the value of any charge that might be ordered. Any additional supporting documentation requested by Facilities Development such as certified quotations or Invoices shall be provided by the Contractor to Facilities Development at no additional cost to the Owner. 7.2.6 N the Contractor claims that any Instructions given to hkn► by FacYitiee Development, by drawings or otherwise, Involve extra Work not covered by the Contract, he SW give Factfuse Deveopment mutter nwdke thereof wftM five (5) days attar the reoW of arch 4hehuctions and before proceeding to exam" the work, except In emergencies arxfsngerkhg fife or properly, in which case the Contractor shall proosed in accordance with Paragraph 10.3. .1 The written notice to FadNNee Development for the Extra Work shall fnckude a oompinte des *dDn of the extra work, the total cost and a detailed cost breakdown by Tabor, material and equipment for each additional activity required to be pwformed. Majk•ups shall be limited as gxwN ed ehawwhere In this Article. 2 Except as otherwise specifically allowed unlessthe complete provided, b addFgive Doer aril be glvah by the Contractor. 7.2.7 Unless ofherwwiea geed In writing, the Contractor shall on" on the Work and maintain its progress during any dispute or claim proaese ft and Owner shall continue to make payments to the Connector In accordance with the Contract Doqumerrts. Dlaputss unresolved shall be settled In accordance with subparagraph 4.7. The Contractor shell maintain Completed daily force account fortes In accordance wfih eunparagraph 7.2.3 for any dispute or claim item. 7.4 Aufho ft 7.4.1 The Amhlw will have authority to order minor dwgn In the Work no, khvdvkg acQusbrwd in the Contract sum or Mansion of the Contract Time and not khconsiatat with the Intent of the Contract DoaurYwdL Suolh ch"M shall be effected by usitfen order Rued through FaoWw Development and shall be binding an the Owner and Contractor. The Contractor shag carry out such wMan order promptly. ARTME a TIME &1 DaflMtlons 6.1.1 Unless otherwise provkfed, Contract Time is the period of time, Including authorized adjustrnats, afioted in the Cdhrhtraot Documents tor Su bGMMlel Completion of the Work. 8.1.2 The date of comma ownent of the work Is" date established in the Agreement. The date shall not be postponed by the fallure to art of the Contractor or of persons or entities for whom the Contractor is responsible. 8.1.3 The date of Substantial Completion is the date c erfffisd by the Architect in accordance with Paragraph 9.8. 8.1.4 The term Vey" as used In the Contract Documents shall mean calendar day unless otherwise specifically defined. 8M 2006 General Conditions of the Contract for Construction 00750_20 FREEMAN JUSTICE CENTER BRICK AND STONE 8.1.5 The Owner/FadNNes Development shall be the final judge as to whether Substantial Completion has been achieved and certifies the date to the Contractor and Architect. &2 Progress and Competion 8.2.1 Time, limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor comhs that the Contract Tone Is a reasonable period for porkarning8.22 The Contractor shall not knowingly, except by agreement or Instruction of the Owner in writing. Prematurely c mvmnoe operation on the site or slsewhere prior te the affeotive date of insurance requdred by Article 11 to be furnished by the Contractor. The date of commencement of the Work shah not be changed by the eiledNe daft of such insurance. 8.2.3 The Contactor shall proceed expeditiously With adequate forces and shall achieve Substantial Completion within the Contract Time. ILS Deiaye and Extensions of Time 8.3.1 t the Contractor is delayed, at any sure, In lire progress of the Work by any act or neglect of the Owner, Facilities Development, or the Air, or by ally employee of — either, or by any separate contractor employed by the Owner, or by changes ordered in the Work, or by fire, unusual daisy in bWWP0r cion, adverse wea#W conditions not reasonably anficipatable. unavoidable oasuelfies or any causes byroad the Contractors control, or by delay authorized by the Owner, FacMtkm Development, or by any other cause Which Fadlkles Development determines maylugaythe delay, then the Contract Time shall be extended by no coat Change Order for such reasonable time as Faud i les Development may determine, in accordance with subparagraph &2.7. 8.32 Any claim for exkwmdon of lime shall be made ill writing to FaaMim Development not more than sewergydwp (72) hoses altar lire 00MMOnoarrheru of the delay in accordance with Paragraph 82.7; otherwise It shall be waived. Arry claim for extension of lime shah state the cause of the delay, and the number of days of exlerrdon requested. t the cause of the delay is 00n*vjft only one claim isnecessary, but the Contacor shall report that farmihalbn of the cause for the dollay within sevantyKwo (72) hours scar such temrmation In aromdanos with Paragraph 6.2.7. otbrwkM any claim for s Bandon of time based upon thal cause chap be waived. 8.3.3 No claim for an increase In the Contract Sum for either acoeleration or delay VAN be allowed for extensions of lime pursuant to this Paragraph 8.3 or for other charges in the Construction Schedules. 8.3A 9 the Project is delayed 86 a result of the Contractor's refusal or failureto begin the Work on the data of commencement as defined in Paragraph &1.2, or his refusal or failure to carry the Work forward expeditiously with adequate forces, the Contractor causing the delay shall be liable, but not limited to, delay claims from other Contractors which are affected. ARTICLE 9 PAYUMM AND COWLETION 9.1 Contract Bum 9.1.1 The Contract Sum is stated In the Agreement and, Including aut horbod a4 sfrreMs, is the total amount Payable by to Owner to the Contractor for Contract Documents fcparmerice of the Work under the 8/8/2008 General Condtiohs of lire Contract for Construction 00750-21 FREEMAN JUSTICE CENTER BRICK AND STONE 8.2 Schedule of Values 9.2.1 Odors the first Application for Payment, the Contractor shall submit to the Architect, through Fadilkfes Development, a schedule of values allooeted to various portions of the Work, prepared in such form and supported by such date to substantiate He accuracy as Facilities Development and Arot>iW may require. This schedule, unlsas objected to by Facilities Development or Architect, shall be used as a basis for reviewing the Contractor's Appikations for Payment. 9.3 Applications for Payment 9.3.1 At {east fifteen days before the date established for each progress payment, the Contractor shall submit to the Architect an bernbsd Application for Payment for work oompleted in acoordenoe with the schedule of values. Such application shall be notarized and supported by such data substantiating the Contractors right to payment as the Owner, Facilities Development or Architect may require. such as copies of requisitions from Subcontractors and material suppliers, and reflecting retainage d provided for des itiere In the Contract Documents. .1 Such appkatlans may Include request for peymart on account of changes in the Work whfcn have been properly aut hwtmd by Carebuotlon Change Directives but not yet included in Change Orders. — .2 Such applkhall" may not include reghMata for payment of amaxts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. 9.3.2 Unless otherwise provided In the Contract Documents, payments shall be made on account of materiels and equipment delivered and endmby stored at the site for subsequent Incorporation in the work a approved In advance by the Owner, payment may similarly be made for melanins and equipment suitably stored off the she at a boom agreed upon In writing. Payment for materials and egulpment stored on or off the site NreY be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's We to such materials and equipment or odwrwiee protect the Owners interest, and shall include applicable insurance, storage and transportation to Via aft for such materials and equipment stored off the sib►. 9.34 The Contmctor warrants that litre to all Work covered by an Application for Payment will pass to the Owner no later titan the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously Issued and payments received from the Owner shall, to the bast of the Contractor's knowledge, information and belief, be free and deer of Bens, claims security, intereata or encumbrances in fewer of the Contractor. Subcontractors, material suppliers, or of her persona or entities mating a claim by reason of having provided Motor, materials and equipment relating to the Work. Ati Subcontractors and Su b-snbcottractore shall execute an agreement stating that title will so pass, upon their receipt of payment from the Contractor. The warranties are for the adminlatr lwe convenience of the Owner only and do not create an obligation on the part of the Owner to pay directly any unpaid subcontractor, laborer or matedakw. Such persons must seek payment from the Contractor or his public construction bond surety only. 9.4 Approval for Payment 9.4.1 The Archiiea will assemble a Project Application for Payment by combining the Contractor's applications with similar applications for progress payments from other Contractors and certify the amounts due on such applicatione. 8/8/20D8 General Conuitions of it* Contact for Construction 00750-22 FREEMAN JUSTICE CENTER BRICK AND STONE 9.4.2 After the Architeot's receipt of" Project Application for Payment, Facil se Development and Archkac t wM sow approve the Application for Payment, with a copy to the Contractor, for such amount as FaailiMe Dev elopmem said Architect determine is property due, or notify the Contractor in writing of FaolAtles Dsvelopment'a and Architect's reasons for withholding approval in whole or in part as provided in Subparagraph 9.5.1. 9.4.3 The issuance of a separate Approval for Payment wiN constltuta mpreaantatIons made separately by Facilities Development and Architect to the Ovmer, based on their hWh4dual observations at the slte and the data oompriaing the Appiioallon for payment subnyltad by the Contractor. that the Work has progressed to the point indosted and that, to the beet of Facifies Daveloprrsnt's and Archilecre knowledge, nIbmatlon and belief, quality of the Work is in aarordance with the Coact Documents. The foregoing represertatWm are subfect to an evaluation of the Work for oordomarce wilt the Contract Dooumenle upon SubetartW Completion, to results of subsequent tests and k pxftns, to minor deviations from the Contract Docunwits correctable prior to camplettors and to specific gIUMMOSlknrne expressed by Facilities Development or Ardtltal The issuance of a separate Approval for Payment wNl further constitute a rep vat* tion that the Contractor Is entitled to payment In the amount approved. However. the issuance of a esperate Approval for Payment will not be a representation that Facilities Develapnard or Architect Ins (1) made arhkollve or corgi xuous on-eits inspections to chock the quay or quantity ol the work. (2) rariewed the ConlnwWs construallon meets, methods, lechniquee, sequences or procedures, (3) mrviewed copies of — requisitions moolmd from Stbcorutredom and matarlet suppliers and other data requested by the Owner to subawea fin the Contract ft right fo payment or (4) made sramkation to ascerlainhow Contract SurrkOr 'Or what the Contractor has used Y previously paid on account of 9.B Decisions 10 Wltlrhohd Approval 9.5.1 Facilities DeveloprnenNArchitsot may decline to approve an Application for payment if, in hla opinion, the appNoa*m in not adegaat* supported If the Contmolor and Facilities Development cannot a fires on a revised amount, Facilities Daveloprremt shall process the Application for the amount It deems appropriate. Facilities Derreioprnent may also decline to approve any Applicaton for Payment because of subsequently dleoovered gvkterce or subsequent inspections. It may mOy, In whole or part, any approval Previously made to such extent as may be necessary In Its, opinion because of (1) defective Work not rensdisdt (2) third Party dakft filed or reasonable Comer to evklance g Probable f ig of such oklms;- (3) fakproperSubwntraftn;forjebm,es, mowkK orequipment; (4) reasonable evkterm that the mpl cannot be coeted the unpald of the Contract Sum; (5) damage b FadN11" Development. the Owner, or another contractor evidence that the contra M P&MISIOnt lellum font carry out the Work Iaona000t vaigt tha Contract Documents. No payment shall be mods to the Contractor unt" certificates Of insurance or other evidence of cOmPlinnce by the Contractor, with all the requirements of Ardde 11, have been filed wlth tie Owner and Facilities Development. 9.5.2 When the above reasons for vAdit dtng approval are renncvad, approval wig be made for amount previously withheld. 9.6 Progress payments 8/8/2006 General CorKRIOM of the Contract for Constnxtion 00750-23 FREEMAN JUSTICE CENTER BRICK AND STONE 9.6.1 After Facilities Development and Architect have Issued an Approval for Payment, the Owner shall make payment In the manner and within the time provided in the Contract Documents, and shall so natty Facilities Development and Architect. From the total of the amount determined to be payable on a pmpreae payment, ten percent (10%) of such total amount will be deducted and retained by the Owner until the final payment is made. The balance ninety percard (90%) of the amount payable, lees all previous payments, shall be approved for payment. 1 It's understood and agreed that tha Contractor shall not be entitled to demand or receive progress payment based on quardWes of Work in excess of those provided in the Proposal or covered by approved change 0rd9M except when such excess quantity have been determined by Fadtlfies Development to be a part of the final quantity for the Nam of Work in question. .2 No progress payment shall bird the Owner to the acceptance of any materials or Work in place, as to quality or quantity. AN progress payments are subject to correction st the time of final payments. 9.6.2 The Contractor shall promptly pay each Subconlrector, upon reosipt of payment from the Owner. out of the amount paid to the Contractor on account of such Subcontrecar s portion of the Work, the amount to which saki Subcontractor la entitled, retlectng perowftm actually retained from payments to the Contractor on account of such Subowbador's portion d the Work. The Contractor shy, by appropriate agreurno t with each Sub000iractor, require each Subcontractor to make payments to SWsuboontractors in simiar manner. 9.6.3 Facilities Development will, on request, funtieh to a StibcontraoW, if precdoabl% tntornmillm mgardng peroenlages of completion or amounts applied for by the Contractor and action taken thereon by the Owner, FaoiNd" Development and Architect on account of portions of the work donne by such Subcontractor. 9.6.4 Neither the Owner, FadBtles Development nor AnhHisct shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otnerwlae be required by law. 9.6.6 Payment to mreerlal suppilas shall be treated in a manner similar to.thet provided in Subparagraphs 9.8.2, 9.8.3 and 9.6.4. 9.6.6 A progress payment, or partial or entire use or occupancy d the project by the Owner shall not corretriute acceptance of Walt not to acco denoe with the Contract Documents. 9.0.7 AN material and work owrareci by partial payments meta shall thereupon become the sole properly of the Owner, and by this provision shall not be construed as relieving fhe Contractor from the sole responsibility for the materals and Work upon which payrrnahla have bean "ads or the restoration forany damaged material, Or ens a waterer of the right of the Owner a Facilities Development to require the hillI rent of all the terms of the Contract. 9.8.8 Except in case of bona We disputes, or where the Contractor has some Other juetiihable reason for delay, the Contractor shall pay for all transportation and utility services not later than the and of the calendar month fotkw kV that in which services are rendered and for all materials, tools, and other expandable equipment which are delivered at the ste of the project. The Contractor shall pay to each of hfa Subcontrwicre, not later than the and of the calendar month in which each payment is made to the Contractor, the rapresentative amount allowed the Contractor on account of the Work performed by the Subcontractor. The Contractor shall, by an appropriate agreement with each Subcontractor, also require each Subwmactor to make payments to his supper and Sub-suboo tractors in a similar manner. 8/8/2006 General WxNdohs of the Contrcot fc Construction 00750-24 9.8 Substantial Completion 9.8.1 Substantial Completion Is the stage In the progress of the Work when the Wodc or designated Portion thereof is suf ClendY oorr>plete to accordance with the Contract DocumeMa so the Owner can occupy or utilize the work for cis intended use. 9.8.2 When the Contractor considers that the Work, or a potion head which the Owner agrees to accept separately, is Substantially oomplaIS, the Cotrattor and Facilities Development shall jdntIV propels and submit to the Arohlled a comprehangve ild of items to be completed or consoled. The Contractor shalt proceed promptly to complete and owed items on the frsL Faihre to include an item on such ad does not after the reeponeltbltly d the Contractor Amto y ink with the Contract Documents. Upon reoalpt of the by Drialoprnent, will make an Inspootion to detemtne whetter the Wok or designated portion thereof is oubstantialty oompld& t the inspection disolos" any item, whether or not kwkWsd on the tat, which is not to aoaordence with the requirements of the Contract Documents, to Contractor shalt, before Issuance of One Ceniflcate d Substartiei Completion. or ohtrred asth Item upon rhptitcsyon by the ArchMecL The Contractor alutl tlhen whrtt a request far another irspeaf(cn by the Arohfteot, assroted by Facil Devebpntart, th determine SubeMrtiai [bmpletbn When the Work or daai0rreted portion therad ro complete, the Archltect wfY prepare a Certifir a d 8ubstanIN Completion, shalt eatsbltdt � d the Ownher' and Contactor for security, malrterrertce, heat, utYltlee, damage>b the Work and khsurenw, and shalt floc the tkra within which the Contractor ahaY finish alt Items on the Yet a000mpanykhg the Certifrcne. Warronbs required by the Conrad Docurnena shalt Dannhence on the date d Substantial Completion of the work or designated portion tiered unless othervtse prVAded In the Cerrm" of Substantial Completion. The COM11092e of SubstanYsl Completion shad be subnitted to the Owner and Convector for their written scoqtarm d ►esporsIbYhies asatgned to them in such Cordlicate.. 9.8.3 Upon Substantial Completion of the Wok or designated Portion thereof and upon aPP10MM by the Conraclor and oertillwaton by Faces Development and Architect , the Owner shalt make Payment, reflecting � in ratsinegs, If any, for such Work or potion thereof as provided In the Contract Docnrnstts, 9.9 Partial Ocouponoy or Use 9.9.1 The Owner may occupy or use any completed or partially oompleted portim d the Work at any stage when Such potion ro designated by separate agreamo t with the Contractor, proh9ded shnch onxwpenoy or use ro consented to by the irheure► as roquked tmdsr Subparh�raph 71 3.1 and autatzed by pubic autihorftlee hahnkhg jharodlOtDrh over the Wodc Such panel 1heard Ccom whether or rat the PoAlorh is aubstsrhtlalty Doorplate. provided accepted to wrtfng the reepondbiYtss aeelgned th each d tram fo► PeYme, retakhepe t any, sechttly, makhtennrtce, heat, utl�es, damage to the Work and insurernce anti larva agreed in wrtkhg corioerrtrhg the period ter oorreCtlOrn d the Work and ctonrhmencennert dwarr�nte� regtiked by the Conirad Dooumans. when tm Conbador 0 ntly pre a re and conhp tine Contraolor and FecNtas DeveloprrnehK shall jointy Prepare and subrrtt a Yet to the Arohfteot as provided urder Subparagraph 9.82. Consent of the Contractor to ~ occupancy or ties shalt not be unmeorm* wMrheld, The stage of the progress of the Work shell be deDemhined by written agreement between the (droner and Contractor or, Y no agreement to readied, by decision of the Architect after ottnshdistion with Facillti®s Development —qVATJ 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Facilities Developmertt, Contractor and Architect shall Jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the owndition of the Work. 9.9.3 Unless othsrwkw agreed Upon. Partial occupancy or use d a portion or portions of the Work shall not constitute acceptance of Work not complying with the requiremerta of the Contract Documents. 9.10 Final CO"gM*n and Final Payment 9.10.1 Upon completion of the Work, the Contractor shal forward to Foci ides Development a written notice that the Work Is ready for final Inspection and acceptance and shell also forward to Faciides Development a fkrei Contrsaaw's Application for Psymert. Upon reoeipt, Facifte Development vAl forward the notice and Application to the Architect who win promptly mete such Inspection. When the Architect, based on die recomm ndetion of Faciliies Development, hurtle the Work acceptable under the Contract Documents and the Contact fully performed, FaolBllss Development and Andrilect will promptly due a final Approval for Paynwrt stating that to the beet of their knowiedge, lnfonrmNon and belled, and on the bails of their observations and inapeotlons, the Work has bean completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Conbeclor and row in said final Approval Is due and payable. Facilities DewelopmenYs and Arohtecre final on for Payment will ooradhm a further representation the, cdi ions listed in Approval— as Precedent to the Contraclor's being artiNed to final � 9.102 payment have been fulfilled 9.10.2 Neither final payment nor any remWnW g retained petoarntags *0 beoorne due unto the Contractor submits to the Architect throughh Faa7ss dDevelopment (1) an affidavit that payrolls, bills for materials and equipment, and other lndabiadnaes conneotad VA the Work for which sas an the Owner or the Owner s properly might be raepwnsble or encumberedbensd (IpWttB W by Owner) have been pals or otherwise aadefbd(9) a certificate cate evidemokV thor k>surence Maid requtad by the Contract Documents 10 remain In force afisrtbual payment is made, is currently In effect and will rat be canceled or a&NM to eapte UMat loath 30 dttys' Prior wriderr nodos has been given to the Owner, (3) a written statement that the Cornbaalor Wowsof no aubetarttial reason that the Insurance will not be renewable to cover, the PWW required by the Contrast Documents. (4) consent of surety. If any,10 finnan payment and (a), IF required by the Omer, other daft waivers of bISIft payment s, seourgy I terests a or satisfaction of Obligiations, such ou 0 releases and arising out of the CarWntrart. 9.10.3 Not Used. 9.10.4 AoOeptarce of final Payment by the Contractor, a Subcontractor or ►n HdwW supplier shall constitute a waiver of claims by that Payee eoaspt those previously made in writing am shaf identified byadditionthat PSY the wet at time of final Application for Payment Such weavers ubperagreph 4.7.5. 9.11 Payment of Subcontractors 9.11.1 Any requirement of We Article 9 that the Contractor furnish proof to the Owner, Architect, Facilities Development that the subcontractors and meteriahran have bow paid is for the protection and convenience of the Owner ony. Unpaid subcontractors and materisimen may only seek Payment from the Contactor and the suety that provided the Conbxctoes public ConstrudOn Bond. The Contractor must h aert this paragraph 9.11 In SU its contracts with subcontractors and materfalaten. 802006 General Conditions of the Contrast for Construction 00750-26 oa a ARTICLE 10 PROTEMON OF PERSONS AND PROPERTY 10.1 Safety Preeautlons and Programs 10.1.1 The Contractor strati be rabpOnabW for initiating, maintaining and supervising all safety precautions and programs In connection with the performance of the Contract The Contractor shell sdm* the Contractors safety program to Facilities Development for review and coordination with the safety programe of other Contractors. 10.1.2 In the event the Conbactor encounters an the site material reasonsoly beloved to be asbestos or polychlorinated ltpherryl (PCB) which has not been rendered hanrtagwk the Contractor shall immediately atop work In the area etfauoted and report the condition to the Owner. Factiitbs Development and Architect in writing. The Work In the affected area shall not thereafter be resumed abacept by Written agreement of the Owner and Contractor t in fact the material Is asbestos or polyohiorkneted biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbados or poychloAnatad biphenyl (PCB), or when it has been tendered harmless, by wow agreement of the Owner and Contractor, or In accordance with final determination by the ArohftecL 10.1.3 The Coamaolor shag rat be required prmuem to Article 7 to perform without ooneerri any Work rNalfng to asbesas or poled* mW b0henyl (PCB). — 10.1.5 If reasonable precautions will be inadequate to prevent foresee" bodily lorry or death to parsons Maul ft from a material or substance ennoourhfsred on ths as by the Contractor, the Contractor shelf, upon reoognW ng the ooro0k % Immeta * atop Work in the affected area and report the oorhdki m to the Owner, Facilities Development and Aw hibut In wri irg. The Owner, Ciohltractor, FaW tbBs Development and Ardhkect shall than proceed in the same manner described In Subparagraph 10.1.2. 10.1.6 The Owner shall be reeponebe for obtaining the services of a licensed laboratory to verity a presence or absence of the m&WW or substance reported by the Contractor arid, Jn the event such material or substance is found to be present, to verify that It has been rendered harrrtess. UMese otherwise required by the Conhraot Documents, the Owner shall hurrtshh in wrung to the Contactor, Facilities Development and Architect the namee and qualifications of person or entities who are to perform teats verflyirg the presence or absence of such materiel or substance or who are to perform the task of removal or safe oontainmeni of such Material or substancs. The Contractor, FaciNtles Development and the Architect will promptly reply to the Owner In writing stating whether or not any of them has reseonable objection to the parsons or entities proposed by the Owner. It the Contractor, Faoifibw Devaopmert or Architect has an objectan 10 a person or entity proposed by the Owner, the Owner ask propose another to whom the Contractor, Facilities Development and the Architect have no masoneW objection. 10.2 Safety of Persons and Properly 102.1 The Conntraclor shah take ressonable precsutions for safety of, and shag provide reasonable protection to prevent damage, Ir4wy or lea to. .1 employees on the work and other persons who may be affected thereby; .2 the work and materials and equipment to be Incorporated therein, whether in atomge on or off the site, under care, custody or control of the Contractor or the Contractors Subcontractors or Sub-suboontractors; 8/8/2006 General Conditions of the Contbect for Construction 00750.27 FREEMAN JUSTICE CENTER BRICK AND STONE :3 other property at the eft or a*cerd thereto, such as tress, shrubs, lawns, walks, Pavements, roadways, structures and udRdes not desigrreted for removal, relocation or replacement In the course of corglyuction; and A construction or operations by the Owner or other Contractors. 1022 The Contractor shall give notices and comply with applicable laws, ordinances, nibs, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, Injury or loss. 10.2.3 The Contractor shad erect and maintain, as required by existing conditions and Performer" of the Contract, reasonable safeguards for safety and protection, including posting danger signs and Other warnings against hazards, promulgating safety regulations and notes owners and users of aijecerd ekes and utilities. 102A When use or storage of ex plorives or other hamrdote materials or equipment or um=W methods are neceseary for axec ution of the Work, the Contractor shall auerobe utmost care and carry an such activities under supervision of Property qualified personnel. 10.2.5 The Contractor shad promptly remedy damage and kiss to Property referred m in Clauses 10.2.1.2, 10.2.1.3, 102.1 A caused In whole or In part by the Contrector, a Subconfrador, a Sub"subconirmdor, or anyone directly or km*s ty employed by any of them, or _ by anyone for whose ads they may be Rabic and for which the Cordracbr is reeponebb under Clauses 10.2.1 A 102.1.3 and 102.1.4. except damage or loss attributable to acts or Omissions of the Owner. FadMies Devebprrent or Architect or anyone directly or indwactly arnpioyed any of them, or by anyone for whose acts any of them rimy be , and attributable to � fa thefault Wince of the Contractor. The foregoing obligations Contractor of ft Cont for are in addition obligations under Paragraph 3.18. 102.8 The Contractor SW designate a Amporreble member of the Contraddar's otpeNadion at the site whose duty shall be the prevention of aoddoft This person shall be the Conbwtors sUIPerintendwIt Mesa otherwise designated by the Contractor in writing to the Owner, Fa Mft Development and Arohked. 102.7 The Contractor shad not load or permit army part of the construction or site to be loaded so as to endanger its safety. 10.3 Emarganoba 10.3.1 In an emergency affecting safety of Parsons or property, the Conliacbr siren act, at the Cordradoes discretion, th prevent threatened damage, injury or loss. Additional compensation or extension of time daimed by the Contactor on account of an emergency shred be detern*Wd as Provided In Paragraph 4.7 and Article 7. ARTICLE 11 INSURANCE AND BONDS 11.1.1 Prior to oommencement of Work governed by this contract (Inokx g the p►esiapfng of Personnel and material), the Confrador MM obtain, at ifs own stdpense. Insurance as specified as made part of this Agreement. The Contractor will ensure that the Insurance obtained will extend Prntectbn to all suboonhactore engaged by the Contractor. As an aPoama" the Contractor .may require all subcontractors to obtain insurance consistent with the attached schedules. 8/8/20p8 General Conditions of the Gordrect for Comstrcxdidxn 00750-28 FREEMAN JUSTICE CENTER BRICK AND STONB The Public, Construction Bond shall be in an amount at lead equal to the contract price. This contract is subject to the provisions of Section 255.06, Florida Statutes, which are incorporated herein. ARTICLE 12 UNCOVERING AND CORMCTION OF WORK 12.1 Uncowmtnp of Work 12.1.1 If a portion of the Work is covered contrary to Foollities Developments or Arclltsct's request or to requirements Wedfloaly expressed in the Contract Dwumor a, it must, t required in writing by either Facldtse Development or Aroidtsct, be unoovered for their observation and be repiaosd at the Confromee m pone without oh nge In the Contract Time. 12.1.2 If a portion of the work has been covered whtoh FaoEtles Development or Architect has not spsctcady requested to observe prior to Its being covered. FaciWss Development or Arohkect may request to we such Work and It shall be unoovered by the Contractor, it such Work is in a000rdenoe with the Conrad Documents, oosts of wows" and rsplaosment shhad. by appropriate Change Order. be dwged DOCrrrharnts, its mail the Owner, If such Work is not In accordance with the Conftot pay such ousts unless the condition was caused by the Owner or one of the other Contraotore in which even the Owner shall be resporsibte for payment of such costs. 12.2 Correction of worts 122.1 The Contractor shot promptly correot work rejected by Facilities Development or Arohited or fading to ooniomr to the requirements of the Conrad Documents. whether observed before or after substantial Completion and whether or not fabrktstsd, neteded or completed. The Contractor droll bear coat: of correcting even► rejected work. Inoiud i g additional feeling and Inspections and dwmpeneadon for FooEtles Developments and AM*eora services and espouses nude neosesey thereby. 12.2.2 If, within one year after the date of Substantial Completion of the work or designated portion thereof, or after the date for oomme ownent of warrantlm established under Subperagmpth 9.9, or by terms of an appIloabie apsoiel s on* required by the Contract Docunhehts, arty d the work is ronand to be rho n adxwniehae hdlth line Iequtrenhwrhts d ins Contract Doaerhants, the Contractor ehct correct & PPdy after rscatpt d written nonce from the owner b lido so drhieve the owner f,ee prevlouahn ghron hoer Corhtaolora wdroan aoohgtsnhre of etch oornditon. TrI. period d one year rlmd be extsnded with reepsd ip prtionns d wok host performed after SurbnerNiel Canpbton by the Period d time between Sh►betsrsdal Completion and the adhmt perfontnernce d the work Tl� obligation ands mis 3ubpeagraph 1e Owner shad give arch notloe promshall survive atweptanc�e d ins work whder the Contract and terrtlr+atton d the Contract. T2.22 he or after disoovf ho ery of oondkkwL 12.2.3 The Contractor shad remove from the Sete portions of the Wok which are not In accordance with the requirements of the Contract Doorman and are Mather oorrected by the Contractor nor accepted by the Owner. 12.2.4 If the Contracror lags to oared nonoontormkg Wok within a reasonable time, the Owner may correct it in accordanoe with Paragraph 2.4. If the Contractor does not proceed with correction of such nonconforming Work within a reasonable time fixed bywritien notion from the Architect issued through Facilities Development, the owner may remove it and store the salvable materials or squipment at the ComraoWs expense. If the Contrador does not pay rwsts of such removal and storage within ter days after written notice, #is Owner may upon ten additional days' written notios sell Such matedsis and equipment at auction or at private sate 8/8/2006 General Conditions of the Contract for Construction 00750-30 FREEMAN JUSTICE CENTER BRICK AND STONE and shall account for the proceeds thereof, after deducting costs and damages that amid have been bome by the Contractor, inducting compensation for FaciBies Developments and Architect's services and o perlsse made necessary thereby. If such proceeds of sale do riot cover costs which the Contractor should have home, the Contract Sum shall be reduced by the deficiency. If payments then or thereafter due the Contractor are not Suff&ient to cover such amount, the Contactor shall pay the difference to the Owner, 12.2.5 The Contractor shall bon the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or other Contractors caused by the Contractor's correction or removal of work which is not In accordance with the requirements of the Contract Documents. 12.2.E Nothing contained in this Paragraph 12.2 shall be corretued to establish a period of limitation with respect to other obligations which the Contactor might have under the Contact Documents. ESWfiehment of the "S period of ons year as described in Subparagraph 12.22, relates only to the specific obligation of the Contractor to rem the work, and has no relationship to the time within which the obligation to comply with the Contact Doorsnents may be sought to be entoroed, nor to the tlms within which proceedings may be oornmenoed to establish the Contactors IIabiRy with respect to the Contactors obligations other than - specifically to correct the work. — 12.3 Acceptance of Nonconforming work 12.3.1 ti the Owner prefers to accept work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its nxnovel and correction, In which case the Contract Sum will be reduced as appropriate and equxable. Such adjustment shall be effected whether or not final payment has bean made. ARTICLE 13 111FSCELLANEOUS PROVEION 13.1 Governkg taw 13.1.1 The contract shall be governed by the lava of the State of Florida. Venue for any claims or disputes arising under this oontract Shall be in the Chouit Cant of the 161 h Judicial Circuit of the State of Florida. 1tt.2 Success" and Asdgm 13Z 1 The Owner or Facilities Development (as the case may be) and the Contractor each binds himself, his partners, successors. assigns, and legal representatives of such other party in rSsPSQt to ad covermft, contained In the Contract Neither party toCo, rbact agreements,l assign the Contatat� without the written consent of � other. 13.2.2 The Contractor shall not assign any monies due or to become due under this Contract without prior written consent of the Owner or Facilities Development. 13.3 written Notice 13.3.1 Anny written notices orconeepondenoe given pursuant tothis contract shag be sent by United States Mail, certified, return receipt requested. or by courier with proof of delivery. Notice shall be sent to the following persons: 8/8/2006 General Conditions of the Contract for Construction 00750-31 FREEMAN JUSTICE CENTER BRICK AND STONE 11.1.2 The Contractor will not be permitted to commence Work governed by the Agreement (Including pre -staging of personnel and material) until satisfactory evidence of the required Insurance has been furnished to the County as specified below. Delays In the commencement of Work resulting from the failure of the Contractor to provide satisfactory evklarm of the required insurance shall not extend deadlines specified In this Agrewnwrt and arty penalties and failure to perform assessments shall be Imposed as 9 the Work commenced on the specified date and tine, except for the Contractdea failure to provide satisfactory evidence of insurance. 11.1.3 The Contractor shag maintain the required insurance throughout the errtke tarn of this contract and arty extensions specified in any attached schedules. Fenure o comply vft this provisidni may result in the immediate suspension of all Work until the required Insuranoe has been rain shrted or replaced. Delays in the completion of Work resulting from the failure of the Contractor to maintain the required insurenoe shall not extend deadlines speoiged In this Agreement and any penalties and failure to perform assessments shag be imposed as if the Work commenced on the specified data and time, except for the Contractors failure ID provide satisfactory evidence of insurance. 11.1.4 The Contractor shall provide, to the County In care of Facilities, Development, as satisfactory evidence of the required Insurance, either Certificate atte of Insurance or- 11.1.5 The County, at its sole option, has the right to request a oertined copy of any or all Insurance policies required by this Contract. 11.1.6 AN insurance pondee must specify that they are not subject to carrodatlon, nornenewrel, material change, or reduction In coverage unless a minimum of thirty (30) days prior nodfioapon is given to tare County by the insurer. 11.1.7 The accepis-- and/or approval of the Corrector's insurance shall not be construed as relieving the Contractor from any ilaWW or obligationn assumed under this contract or imposed by law. 11.1.8 The Monroe County Board of County CommfseioneM its arnpfcyyaas and o(gdals will be Included as "Aduirdonal insured' on an policies, except for Workers Compensation. 11.1.9 In addition, the County will be named as an additional insured and loss payee on an Policies covering County -owned property. 11.1.10 Any deviations from these General insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waterer of insurance Requkements" and approved by the Monros Cotady's Risk Manager. 11.2 Builders Risk insurance 11.2.1 Budldees Rlsk Insurance is to be provided by the County. 11.3 Public Conetnmtfon @pro 11.3.1 The Owner shall require the Contractor to furnish a Public Construction Bond in the form provided by the Owner as a guarantee or the faithful performance of the Contract fincludina of the Contract for Construction 00750-29 FREEMAN JUSTICE CENTER BRICK AND STONE 4 13.4 Rights and Ramedles 13.4.1 Dullest and oblgetlons k posted by the Contact Documents and dghts and remedies available thereunder ehdl be In addition to and not a tmltetion of duties, obllgatiora. rights and remedies otherwise imposed or avakable by law. 13.4.2 No action or failure to act by the Owner, Facilities Development, Architect or Contractor Mall cor&tlkrte a waiver of a right or duty afforded Item under the contract nor shall such action or failure to act rortetiluts approval Of or aogWescence In a breach thereunder, ewrtept as may be wily agreed In wdting- 13.5 Tomb and Insipeatlons 13.&1 Tests, hhspeckons and approvals of portions of the Work requited by the Contract Doatmergs or by laws, ordinances, rules, regulations or orders of pubic autlnorkies having Jurisdiction shall be made at an appropriate Ime. Unless otherwise provided. the Codreato shall oaor erdky acceptabl k e c the Owner, the approvals tests, Inspectlone and � an independent Uri ft laboratory bear all related costs of tests, kmpwkm and pubic �� ' erb step approvals. The Contractor shall glue facilities Development and Architect tknely notice of when and where tests and kispecdons are 10 be made so FedYtles Development and Architect may observe such procedures. The Owner shall bear costs Of teat, hWeckons or apprarale which do not become requirements until after bids are received or negotiations concluded. 13.5.2 If Facilities Davelopmerd, Archilsot, Owner or pubic authorld" having jurisdiction determine that poftne of the Work require additional testing, Inapecdon or approval not included under Subparagraph 13.&1, Facilities Development and Architect wile, upon wow authodzadon from the Owner, instruct the Contactor to make arrangements 10r such additional testing, inspection or approval by an eniky acoaptebla to the Owner, and the Contractor awn gNs timely WOW to Fer:iillles Development and Architect of when and where tests and inspections are to be made so Faolildies Devektpmeit and Architect may observe such procedures. The Owner shall bear Such code ertospt as provided in Subparagraph 13.5.3. 13.5.3 0 such procedures for testing, irwpecMn Or approval Lando Subparagraphs 13.5.1 and 13.5.2 reveal failure of the portiere of the Work to comply with requiremerts agholshed by the Contract Documents, the Contractor shall beer an costs made necessary by Loch failure 1102005 General Conditions of the Contract for Conatrucgon 00750-32 FREEMAN JUSTICE CENTER BRICK AND STONE Including those of repeated procedures and mompensatlon for Facilities Developments and Arct*Wre services and expenses. 13.5.4 Requtred cOrWK tee of testing, Inspection or approval shah, unless othernise requred by the Contract Documents, be secured by the Contactor and promptly delivered to Fachitles Development for transmittal to the Architect. 13.5.5 tt Facilities Development or Architect Is to observe testa, inspections or appro ials required by the Contract Documents, Facilities Development or Architect will do so promptly and. where practicable. at the normal place of testing. 13.8.8 Test or Inspections conducted pursuant to the Contract Documents shah be made promptly to avoid urneaeanable delay to the Worts 13.7 Commencement of Shoutory ummation period 13.7.1 The statute of limitations applicable to this contact are as provided in Section 95.11 (3) (C), Florida Stagrtes. ARTICLE 14 OR SUBPENBION OF THE CONTRACT 14.1 Terminedon by the Owner for Cum 14.1.1 The Owner may tem*W to the Contract If the Contractor; .1 persistently o mpeaw* mks es or fails to supply Nwugh propery sided workers or proper materiels: 2 falls b make payment to Suboontracbrs for materials or labor In accordance with the respective agreements between the Contractor and the Subcontractors, 3 P@rskftnUY dWqpkft laws, ordinances, or rules, regulations or ordere of a ptdAc authority havkgt jurisdiction: .or A otherwise Is gully of substantial breach of a provision of the Contract Documents. 14.1.2 When any of the above reasons auniat, the Owner, after consultation with Facilities Development, and upon owtillostion by the Architect that addilotent cause exists to Justhy such action, may without pre)4ce to any other rVft or remedies of the Owner and after gMV the Contractor and the CotmeWs surety, ti any, 72 hours mitten notice, tsmthrete employment of the Contractor and may, su*d ts any prior rights of the surety. .1 Ww possession of the she and of all materials. egtlpmart, tools, and construction equipment and machinery thereon owned by the Contractor, .2 accept assignment of euboortracffi purauent to Paragraph 5A. and .3 fir lsh the Work by whatever reasonable nw*W the Owner may deem o peclent. 14.1.3 When the Owner terminates the Contract for one of the reasons stated in Subpan qMh 14.1.1, the Contractor shall not be entitled to receive finter payment until the Work Is finished. 14.1 A ff the unpaid balance of the Contract Sun ebceeds costs of ftnWft the Work, including compensation for Facilities Developments and AmhkeWs services and expenses made WM008 General Conditions d the Contract for construction OD750-33 unpaid balance, the Contractor shell pay the differenoe to the Owner. The amounts to be paid to the Contractor or Owner, as the case may be, shall, upon appiroetion, be cardNed by the Ar:hiteot after oonsullation with Facilities Development, and this obligation for payment shall survive termination of the Contract. 14.2 Suspension or Ternhretion by the Ownw for Convadencs 14.2.1 The Owner may, without cause, order the Contractor in writing to tsrmineft suspend, delay or Interrupt the Work in wfwle or in part for such period of time as the Owner may datennine. 14.2.2 In the event of TemAn ation the Owner shell pay for work ooff~ to date of Termination. END OF SECTION 007tf0 DRUG -FREE WORIPLACE FORM 7bc mdetmgoadveodm in aoomdaaoe wbh plorfda Stmaae 287.087 hereby om rm mat: 1. pubHO a stabmmt eOpbyees mat the uBbwsd mamdkmos, dba ft"m, dtepeu hl& pomm iaa, or an of a command a home is praMhload m me mdgb m sod 4vdoisg me am= mat wMbetabmagabteBgdyemfar viotimatom&pmbldd , 2. hba mspftem dwo do dwgn of drag absm in the waakplaW as bad= s potioy of 'Ohddmilg a worb Wk aop amdi*k ** coundbg aehabSit t a% od aoplwm sulmmm 1 8 amddopaatl' dotmwbeiotI lopmmigag aoahrdmgabamvidMb=L 3. Gin aaob ampbyee oWpd it pmaidbg the oemmadkW or mWaMM saniom aM m under hid a OWafaea AMMa olftdiamhodim(I). — a m ae Matmserd apedHBd h arbaeclim (1) aoudy mePbyam tbM, ar aweditloa of watingm me commodffim or a mbamut mvbm no m under bid, am empiyee wi8 Abide by ae a ms of me auarmw and wIN nod* do ampiopar of my condoaim at or pl a of gdlV a Bob omtmdma b, avy vidotim of Cirpmr 893 R%Nft Of afary amthoSed sabmtooe kw of as tlbdtad States a nay dit !br avidadon owov og in aswodgiba no btar &m Sae (5) dq* Aw mdi aomicom 3. bepme a amaim asy or mgoim me Uds&Oaq PUMCIPON is a dng abmo subb. w mbb mom paugtam if mcb is avamk in the aaydyee's ao or aaw aagdoym wbo i so amvlceed. 6. WWM88wd>bttidBommaoWhm10,BdMmadmgBrxwad*=#=soimgem"MmOrd* socdit As me pampa so&mined to Wp ma MMMUM I CWb met Mb am amtpft filly' rat& me above nquWmoatL NON-COL1LOSION AFFIDAVIT 111 "QM <Z44C,C-4L, afthecilyef`1,,LL'� 1s �'� tolawonany'oath,andmde pmftably,dwmandstydm L lane_ S ikew afthcfmnGf me bidder aWdmg me b7aporeb for tbepn�atx dmcdbed ��-4Rriidelbr Red dot fRenewed theowpmponlNoSan aaa itytde, as 2. the peioes to tbb bid baew been merited st iadepaodeetly 'a' aoReesioa, eaeobetiea, oomousimdw ar Romeo" he Ste b a< competifim as tR ap antler rnI m such prices va Rey atber bidderar wili aW aompetlbe: 3. oalem otbmwim by bM the p hn whiedt base bm QooW iatbb bid hive net bee• bm dbeciomd by tie bidden cad wM nobb wwia* be dbdcmd W the bidder prior io bid Rpeeb & diRoombbtply a bedbeclb; b MY ROWbidder a to sy owopedlon dad racdy 4. an alwmpt been been made ar wlll ba mode b the bidder tR bxkm Rp othc,mama peetaeo"P areapmathm b a AWK armot to nbmlt abidfor dw pmpooe aheemic ft=mepewieo: 5. the emits onaaleed is Ads RMi tens and aoneot, ad node wNb Adi bmowbdpr did bdoemn Catady rewire apmtbe mamaftbe atslmenrb aoeaeiaeA Im dds at8davit inateaedbeg rneuacfafor aidpecdeet. afbbedaer) (p-� i�'7 PERSONALLY APPEARED BEpM AF,tbamdmdledRohq ty,}�.u_s' aftwffn�b E swo f mR f d indkiAeW affimd homer a FA in 1 WW pmovidod abmw an die MyCE�grireR: � /y • � 1 Nun. sash ETHICS CLAUSE �A i4 �„ T. iAn not warrants dot heJk>as empioy4 rammed � or odmwm had act an hm% bekdf any Answer County offimormnployus m vwb m of Section 2 of Ordlusum No. 10-1990 or any County oisoer or ow4ft e in violation of Section 3 of Ordimoe No. 10-1990. For broach or violatim agthia provision the County may, m its direction, tie thin raotmx without liability and may also, in is dwadk n, deduat fiom *a coemaat or pardtme price, or adwwm remover, tho fop amours ofany gee, noun, pmeaute e, S4 or consideration paid to don 16emar County ormployae. STATE OF COUNTY OF PERSONALLY APP BFORE MB, the mdersigmd suthority, who, agar Bret bamg sworn by rue, a9iaed biailm sipoauue ( of individual siVAW in the epam provided above: on this _ ,�_ d►y Of NOTARY PUBLIQ My Commission e>A /L J OMB - MCP FORM #4 " • .er �rkttrsp �Me'B�owera atone FL ST s 255.05 Page 1 of 7 West's Florida Statutes Annotated ru»ntmess Tltle XVM. Public Lands and Property (Chapters 253-278) "la Chapter 255. Public Property and Publicly Owned Buildings (Refs & Annas) *2.55.05. Bond pf factor constructing public buildings; form; action by materialmen (1)(a) Any person entering into a formal contract with the state or any county, city, or political subdivision thereof, or other public authority, for the consbvctlon of a public building, for the prosecution and completion of a public work, or for repairs upon a public building or public work shall be required, before commencing the work or before recommencing the work after a default or abandonment, to execute, deliver to the public owner, and record In the public records of the county where the improvement is located, a payment and performance bond with a surety insurer authorized to do business in this state as surety. A public entity may riot require a contractor to secure a surety frond under this section from a specific agent or bonding company. The band must state on its front page: the name, principal business address, and phone number of the contractor, the surety, the owner of the property being Improved, and, if different from the owner, the contracting public entity; the contract number assigned by the contracting public entity; and a description of the project sufficient to Identify it, such as a legal description or the street address of the property being Improved, and a general description of the Improvement Such bond shall be conditioned upon the contractor's performance of the construction work In the time and manner prescribed in the contract and promptly making payments to all persons defined in s. 713.01 who furnish labor, services, or materials for the prosecution of the work provided for in the contract Any claimant may apply to the governmental entity having charge of the work for copies of tjie contract and bond and shall thereupon be furnished with a certified copy of the contract and band. The claimant shall have a right of action against the contractor and surety for the amount due him or her, including unpaid finance charges due under the claimant's contract Such action shall not Involve the public authority in any expense. When such work is done for the state and the contract Is for $100,000 or less, no payment and performance bond shall be required. At the discretion of the official or board awarding such contract when such work Is done for any county, city, political subdivision, or public authority, any person 000 or ess e exempted from the payment and performance contractnto such a d. Whenisucch work is doneifor the ate, the Secretary of the executing Department of Management Services may delegate to state agencies the authority to exempt any person entering Into such a contract amounting to more than $100,000 but less than $200,000 from executing the payment and performance bond. In the event such exemption Is granted, the officer or officials shall not be personally liable to persons suffering loss because of granting such exemption. The Department of Management Services shall maintain Information on the number of requests by state agencies for delegation of authority to waive the bond requirements by agency and project number and whether any request for delegation was dented and the justification for the denial. Any provision In a payment bond furnished far public work contracts as provided by this subsection which restricts the classes of persons as defined In s. 713.01 protected by the bond or the venue of any proceeding relating to such bond is unenforceable. (b) The Department of Management Services shall adopt rules with respect to all contracts for $200,000 or less, to provide: 1. Procedures for retaining up to 10 percent of each request for payment submitted by a contractor and procedures for determining disbursements from the amount retained on a pro rata basis to laborers, materialmen, and subcontractors, as defined in s. 713.01. 2. Procedures for requiring certification from laborers, materialmen, and subcontractors, as defined in s. 713,01, prior to final payment to the contractor that such laborers, materiaimen, and subcontractors have no claims against the contractor resulting from the completion of the work provided for In the contract htip://web2.westlaw.com/result/documentUmt.aspx?bhnkedcitelisrFalse&rs=WLWb.06&ss... 2/5/2007 FL ST s 255.05 Page 2 of 7 The skate shall not be held liable to any laborer, materiaiman, or subcontractor for any amounts greater than the pro rate share as.determined under this section. ctor the c I.. If a csageernt is no longer furnishing labor, it or attorney may elect to shortservices, n thhe prer materials on a scribed time in this project, a graplhwithin or the cxntractor's which an action to enforce any claim against a payment bond provided pursuant to this section may be commenced by recording In the clerk's office a notice In substantially the following form: NOTICE OF CONTEST OF CLAIM AGAINST PAYMENT BOND To: (Name and address of claimant) You are notified that the undersigned contests your notice of nonpayment, dated , and served on the undersigned on and that the time within which you may file suit to enforce your claim is limited to 60 days after the date of service of this notice. — DATED on Signed: (Contractor or Attorney) The claim of any claimant upon whom such notice is served and who falls to Institute a suit to enforce his or her claim against the payment bond within 60 days after service of such notice shall be extinguished automatically. The dark shall mail a copy of the notice of contest to the claimant at the address shown in the notice of nonpayment or most recent amendment thereto and shall certify to such service on the face of such notice and record the notice. Service is complete upon mailing. 2. A claimant, except a laborer, who is not In privity with the contractor shall, before commencing or not later than 45 days after commencing to furnish labor, materials, or supplies for the prosecution of the work, furnish the contractor with a notice that he or she Intends to look to the bond for protection. A daimant who Is not In privfty with the contractor and who has not received payment for his or her labor, materials, or supplies shall deliver to the contractor and to the surety written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. The notice of nonpayment may be served at any time during the progress of the work or thereafter but riot before 45 days after the first furnishing of labor, services, or materials, and not later than 90 days after the final furnishing of the labor, services, or materials by the claimant or, with respect to rental equipment, not later than 90 days after the date that the rental equipment was last on the job site available for use. Any notice of nonpayment served by a claimant who is not In privity with the contractor which Includes sums for retainage must specify the portion of the amount claimed for retainage. No action for the labor, materials, or supplies may be Instituted against the contractor or the surety unless both notices have been given. Notices required or permitted under this section may be served In accordance with 713.16. A claimant may not waive In advance his or her right to bring an action under the bond against the surety. In any action brought to enforce a claim against a payment bond under this section, the prevailing party is entitled to recover a reasonable fee for the services of his or her attorney for trial and appeal or for arbitration, in an amount to be determined by the court, which fee must be taxed as part of the prevailing party s costs, as allowed In equitable actions. The time periods for service of a notice of nonpayment or for bringing an action against a http://web2.wcsdaw.comlresult/docun=tt xt.aspic`lblinkedcite&st=False&rs=WLW6.06&ss... 2/5/2007 FL ST s 255.05 Page 3 of 7 contractor or a surety shall be measured from the last day of furnishing labor, services, or materials by the claimant and shall not be measured by other standards, such as the Issuance of a certificate of occupancy or the issuance of a certificate of substantial completion. (b) When a person Is required to execute a waiver of his or her right to make a claim against the payment bond in exchange for, or to Induce payment of, a progress payment, the waiver may be in substantially the following form: WAIVER OF RIGHT TO CLAIM AGAINST THE PAYMENT BOND (PROGRESS PAYMENT) The undersigned, In consideration of the sum of $_, hereby waives Its right to claim against the payment bond for labor, services, or materials furnished through (insert date) to (insert the name of your customer) on the job of (insert the name of the owner) , for improvements to the following described project: (descriptlon of project) This waiver does not cover any retention or any labor, services, or materials furnished after the date _ specified. DATED ON _ r, (Claimant) By: (c) When a person is required to execute a waiver of his or her right to make a claim against the payment bond, In exchange for, or to induce payment of, the final payment, the waiver may be in substantially the following form: WAIVER OF RIGHT TO CLAIM AGAINST THE PAYMENT BOND (FINAL PAYMENT) The undersigned, in consideration of the final payment in the amount of $_, hereby waives Its right to claim against the payment frond for labor, services, or materials furnished to (insert the name of your customer) on the job of (Insert the name of the owner) , for improvements to the following described project: DATED ON _ (Claimant) By: (description of project) http://web2.wcWaw.com/resultldocamm texLaspx%linke&itelist—False&rs=WLW6-06&ss... 2/5/2007 FL ST s 255.05 Page 4 of 7 (d) A person may not require a claimant to furnish a waiver that is different from the forms in paragraphs (b) and (c). (e) A claimant who executes a waiver in exchange for a check may condition the waiver on payment of the check. (f) A waiver that Is not substantially similar to the forms In this subsection is enforceable in accordance with Its terms. (3) The bond required in subsection (1) may be in substantially the following farm: PUBLIC CONSTRUCTION BOND Bond No. (enter bond number) BY THIS BOND, We _, as Principal and . a corporation, as Surety, are bound to herein — called Owner, In the sum of $. for payment of which we bind ourselves, our heirs, personal _ representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that If Principal: 1. Performs the contract dated -a between Principal and Owner for construction of the contract being made a part of this bond by reference, at the times and in the manner prescribed In the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or Indirectly by Principal in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, Including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified In the contract, then this bond is void; otherwise It remains In full force. Any action Instituted by a claimant under this bond for payment must be In accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. DATED ON _—, _ http_//web2.wesdaw.c omlrem#1 oocumeattext.aspx7blmkedcitelist=False&rs=WLW6.06&ss... 2/5/2007 FL ST s 255.05 Page 5 of 7 (Name of Principal) By (As Atbomey in Fact) (Name of Surety) (4) The payment bond provisions of all bonds required by subsection (1) shall be construed and deemed statutory payment bonds furnished pursuant to this section and such bonds shall not under any circumstances be converted Into common law bonds. (5) In addition to the provisions of chapter 47, any action authorized under this section may be brought In the county in which the public building or public work Is being constructed or repaired. This subsection shall not apply to an action instituted prior to May 17, 1977. (6) All payment bond forms used by a public owner and all payment bonds executed pursuant to this = section by a surety shall make reference to this section by number and shall contain reference to the — notice and time limitation provisions In subsection (2). (7) In lieu of the bond required by this section, a contractor may file with the state, county, city, or other political authority an alternative form of security In the form of cash, a money order, a certified check, a cashier's check, an irrevocable letter of credit, or a security of a type listed in part 11 of chapter 625. Any such alternative form of security shall be for the same purpose and be subject to the same conditions as those applicable to the bond required by this section. The determination of the value of an alternative form of security shall be made by the appropriate state, county, city, or other political subdivision. (8) When a contractor has furnished a payment bond pursuant to this section, he or she may, when the state, county, municipality, political subdivision, or other public authority makes any payment to the contractor or directly to a claimant, serve a written demand on any claimant who is not in privity with the contractor for a written statement under oath of his or her account showing the nature of the tabor or services performed and to be performed, if any; the materials furnished; the materials to be furnished, If known; the amount paid on account to date; the amount due; and the amount to become due, If known, as of the date of the statement by the claimant. Any such demand to a claimant who is not in privity with the contractor must be served on the claimant at the address and to the attention of any person who is designated to receive the demand Ip the notice to contractor served by the claimant. The failure or refusal to furnish the statement does not deprive the claimant of his or her rights under the bond If the demand Is not served at the address of the claimant or directed to the attention of the person designated to receive the demand In the notice to contractor. The failure to furnish the statement within 30 days after the demand, or the furnishing of a false or fraudulent statement, deprives the daimant who fails to furnish the statement, or who furnishes the false or fraudulent statement, of his or her rights under the bond. If the contractor serves more than one demand for statement of account on a claimant and none of the Information regarding the account has changed since the claimant's last response to a demand, the failure or refusal to furnish such statement does not deprive the claimant of his or her rights under the bond. The negligent inclusion or omission of any information deprives the claimant of his or her rights under the bond to the extent that the contractor can demonstrate prejudice from such act or omission by the claimant. The failure to furnish a response to a demand for statement of account does not affect the validity of any claim on the bond being enforced In a lawsuit filed before the date the demand for statement of account Is received by the claimant. http://web2.wesftw.com/resultldocrmuentWxLaspx7bhnke&itelist=False&rs=WLW6.06&ss... 2/5/2007 FL ST s 255.05 Page 6 of 7 (9) On any public works project for which the public authority requires a performance and payment bond, suits at law and in equity may be brought and maintained by and against the public authority on any contract claim arising from breach of an express provision or an implied covenant of a written agreement or a written directive Issued by the public authority pursuant to the written agreement. In any such suit, the public authority and the contractor shall have all of the same rights and obligations as a private person under a like contract except that no liability may be based on an oral modification of either the written contract or written directive. Nothing herein shall be construed to waive the sovereign immunity of the state and its political subdivisions from equitable claims and equitable remedies. The provisions of this subsection shall apply only to contracts entered Into on or after July 1, 1999. (10) An action, except an action for recovery of retainage, must be Instituted against the contractor or the surety on the payment bond or the payment provisions of a combined payment and performance bond within 1 year after the performance of the labor or completion of delivery of the materials or supplies. An action for recovery of retainage must be Instituted against the contractor or the surety within 1 year after the performance of the labor or completion of delivery of the materials or supplies; however, such an action may not be Instituted until one of the following conditions is satisfied: (a) The public entity has paid out the claimant's retainage to the contractor, and the time provided _ under s. 218.735 or s_ 255.073f31 for payment of that retainage to the claimant has expired; (b) The claimant has completed all work required under Its contract and 70 days have passed since the contractor sent Its final payment request to the public entity; or (c) At least 160 days have passed since reaching substantial completion of the construction services purchased, as defined In the contract, or If not defined In the contract, since reaching beneficial occupancy or use of the project. (d) The claimant has asked the contractor, In writing, for any of the following Information and the contractor has failed to respond to the claimant's request, In writing, within 10 days after receipt of the request: 1. Whether the project has reached substantial completion, as that term Is defined In the contract, or If not defined In the contract, If beneficial occupancy or use of the project has occurred. 2. Whether the contractor has received payment of the daimant's retainage, and if so, the date the retainage was received by the contractor. 3. Whether the contractor has sent its final payment request to the public entity, and If so, the date on which the final payment request was seat. If none of the conditions described in paragraph (a), paragraph (b), paragraph (c), or paragraph (d) Is satisfied and an action for recovery of retainage cannot be instituted within the 1-year limitation period set forth In this subsection, this limitation period shall be extended until 120 days after one of these conditions Is satisfied. http://web2.westlaw.com/resuWdocumenttext.aspx7bHnkedeitelist=False&rs=WLW6.06&ss... 2/5/2007 FL ST s 255.05 Page 7 of 7 CREDIT(S) Laws 1915, c. 6867, § 1; Rev.Gen.St.1920, § 3533; Laws 1925, c. 10035, § 1; Comp.Gen.Laws 1927, § 5397; Laws 1959, C. 59-491, § 1; Laws 1963, c. 63-437, § 1; Laws 1971, c. 71-47, § 1; Laws 1977, c. 77-40, §§ 1, 2; Laws 1977, c. 77-78, § 1; Laws 1977, c. 77-81, § 1; Laws 1980, C. 80- 32, § 1; Laws 1980, c. 80-54, § 1; Laws 1982, c. 82-196, § 1; Laws 1984, c. 84-288, § 2; Laws 1985, c. 85-130, § 2; Laws 1988, c. 88-397, 6 2; -M 1990- c. 90-109. 6 21. Amended by laws 1991, c. 91-162,66 4. eff. Mayes, 7 21; Laws 1992, c. 92-27_9. § i 76, eM July 1. 1992; Laws 1992. c 92-286 5 2 eff. Oct 1 1992; Law 1993 c 93-96, § 1, eff. Anvil 25 1 3; Laws 1994, c. 94 322. 6 5_ Pfi_ Mav 31. 1994: Laws 1995. C,95A- AB, 6 849, eff. July 10. 1995; Laws 1995, C. 95-196, HISTORICAL AND STATUTORY NOTES http:Ilweb2.westlaw.comhesWdocumenttexLaspx?blinkedcitelist=False&rs=WLW6.06&ss... 2/5/2007 MONRDE COUNTY / ENGDMMU VG /FACII,1M DEVELOPMENT CONPRAcr CHANGE oRDEI[ PROJECT TITLE Fmmm amum Grw .18Ckae11 BgOaIO Key 11Hept, FL CHANGE ORDER NO: 1 INITIATION DATE: October S, 2005 TO CONTRACTOR; FACT DATE: Aupuet 16, 20M Pawn a abr. Im Juno Beach. FL UQ8 The Cmarnx. IS dumped m folows: The WOW VaWMAW P14106 ed Mwdnm Prtoe) .................. Nd dam" by PWbu* OWNWIoed i 977 590.04 Orders ............................................._.S 0.00 tolifft The (OuSranteed Medmlau P N vW R b9 jjpg� S 9TT,9i0.64 ilk by Oak Cheops Older ................. $ 107,172Z3 The new ( (QUIN11afted Ma ftm Pdoe) D ffih Cheops Order 16 ... $1,064,762.67 The Conbruct Tim Will The dap ofSube�dail� by .................. ( ) WA as of the dap of this Chwpe Order N ..90 days hen NoOcs to Orooeed Detailed desm"m of dmrps odor ands; MONROE COUNTY ATTORNEY APPROV OAS TO FORM: By.Lugge OMly Mhairmm 9U M. GRIMSLEY ASSISTANT COUNTY ATTORNEY Data i0- a.y-o& //G,4,"t , :..4. RED Tf rowwwom "02 EYFIFEI A141, 2007 Pavers & Stone, Inc. "UNO LIAGO DRIVE JUNO BEACH , FL. 33408 Ph. 954-723-0705 Fax 954723-0706 Tor (BUYER) MONROE COU NTY FACH.IT®.S DEV 1100 SIMONTON ST -RM 2-216 KEY WEST, FL. 33040 AWN CLARB BRIGGS Date: OCT. 5, 2006 Phnom 305-2924429 Fax: MS-295.4321 Ship TO: FBERN AN JUSTICE CENTER See WHITZE EAD ST. KEY WEST, FL. 33M DoWitotbe IInk A SUPPLY di INSTALL 2604 EA WALL ANCHOR DA918 HOT DIPPED GALVANIZED SL21 LUM9.74 3353 EA CONTINUOUS CHANNEL ANCHOR GALVANIZED S22.33 574,872A9 •••' the WWwc None i dkct the credit for the gdvanked mam ory wtrapr Winded in origiad bdd. '" "'• 73701lf a[&.15 S1,195.50 wwwww INCLUDES EPDXY R STAINLESS STEeL SCREWS FOR INSTALLATION OF CHANNEL SYSTEM. ANY QUESTIONS PLEASE FEEL FREE TO CALL MY CELL 9S4445.7356 KRAIG SHOOK WE PROPOSE liffeby to f nulah amterid and Inhsr - S107,172.23 complote in accordrow with above spedlleatlwles for do Sum of Payment as foikiwst PER AIA CONTRACT PROGRESS PAYMENT SCHEDULE Vl matedd isamo loodlobsaeped8ed. Akvwakeobs aontp.. in a subdeYW vadomw ltas wo waoeadkp to epocam Ona aubmaK W.-- -ad predaa Any allay 1 ordeNadon1mmobove vPeogkdar hvotftaft Gate VA he Goaded only upon vwaan onto rdaebeoanwet WftcWV0VW`WW8bMft 11 1 Pews a Store ienotnaponsiblsfa dart g loudorpbuqulieWapotoms, Wd*g 11a, anawhe, ondaaP ft God. sMrmd t. Fknt I hiae to be dehtrt11 by fklld maruwtw4. vaatdusamado ve be doped 18%poranun (1.5%per mantle. B k Is aoreearyto pleatfte soeaaw in the' 'sedan akrnay Ibr eolectat m/ed d mmaoM abomey ha, oat or ktleralk=wWby Pwwtsa81on,lnr.ln awgW*nofaldowMwbdl wfdbs ddedlotbetombahaeda. IUYER: Audher mil Signolum PAVERS 3 STONE, INC FATE: DATE: Change Order Attachment per Ordinance No. 0044999 e Change Order was not Included in the original contract specifications. Yea ® No ❑ If Yes, expianagce: The orfgfrhef specAoMorhs were destyned with the Exterior kisui d Fkdaft System (E.LF.S.). • Change Order was included In the original specifications. Yes ❑ No If Yea, wolarnatlon of Increase In pdoa: e Change Order wmapds $25,000 or 0% of contract price (whichever is gros". Yes ❑ No If Yes, explanatlon as to why fl Is not subject for a caiNna for [aids: • Project antrRect approves the charge order. Yes ❑ No If no. explanatlon of why: The Ar ditd to riot r hp~ to app w Change Osiers Pon the Eiseman Jsatoe Gamier. e Change Order Is corrocling an error or omission in design document. Yes []No Should a claim under the applicable professional lablky policy be made? Yes ❑ No Explain: FREEMAN JUSTICE CENTER BRICK AND STONE JoW CheekAgreexwW All payments for cast stone and brick materials will be made payable to both Pavers & Stone, Inc. and Rinker Materials Corporation Monroe County shall, to accordance to the original contract with Pavers & Stone, Inc., retain 1OY0 from each progress payment until final payment is made in accordance to Article 6. It will be the responsibility of Pavers & Stone, Inc. to pay Rinker Materials Corporation in its entirety when due. Paven & Stone, Inc. will be the account to which this guarantee applies whose address is 79 Use Lap Drive, Jane Beach, FL 33401L — Stainless Sted Attachments and Brick will be purchased by Pavers & Stone, Inc. from Rinker Materials Corporation for the sole purposeof installing same at the Freeman Judite Center, 302 Fleming Street, Key West, FL 33040. For our mutual protection, releases of liens will be required throughout the tength of tbe job. Monroe County Facilities Development 1100 Simonton Strad Key West; FL 33040 7WERF"Mi��. an Title Title iy b :.-a Date MONROE COUNTY ATTORNEY APPROVED AS TO FORM: SUSAN M. GRIMSGEY ASSISTANT COUNTY TFQgNEY Date —_ 1 L 2 t Change Order Attachment per Ordinance No. 004-1999 e Charge Order was rrd Included In the origami ooatrad spec fictions. Yes 0 No ❑ H Yes, emlaneHon: The purpose of this dumps order Is to eat ere sap W of bdak and stone, Rbdrer Metertsls CwPo(ation, as a Payee along wXh our Corgredor, Pavans a stone, Inc., on ohealtaPayable for the Nutellstion ofbook and stone on Um Freeman Justice Center. • Change Order was included In the original speona. Yea 0 No N Yes, eogftw lon of increase in price. • Charge Older exceeds $25,000 or 5% of contract puce oddohevar is greater). Yea 0 No If Yes, eaplanatlon 86 to why It as not subject for a caang for tads: • Pmjed archked approves the charms order. Yes 0 No If no, explanation of why: The AmNW is not reguked to approve Change Orders lbr the Fraernea Justike Center. • Change Order is correcling an am or omission In design doewnwt Yes oNo Should a Bairn under the applicable prof eslonai Way policy be mads9 Yea 0 No Explain: Dee 0S 06 09:19P kraig shook 561-7466792 p.3 WNROE COUNTY / ENGUgEM NG /FA UXM DEVEWPMW CONTRACT' CHANGE ORDER PROJECT TITLE: .A Faxorww Cenrrr JaCkSW Sqmm Key West FL TO CO TdR LOOMM Juror 9sarh. FL 33408 7hB Cordraa is d►snped as PoOoW CHANGE ORDER NO: 2it INITIATION DATE O. 5.21108 CONTRACT DATE: AV* 16, 2M 4 N bQMpWwb.1" (&M=b ed ltiW&0M PAey $ s♦n.5rto ea atAnd a ctm os omen............... _ ......_....... IwYodnrenr Fw" Odertolhts .........OM ....... s to7.172.29 nor ......... $1.ae4.7e2.a7 &ndwW* ON �order.................s 272b0l� The new ( (Oua &dGod W*norn pdoe) bNMM dqp tilde ChWV& Orders ... $1.112.019.55 The Contract Tlme w)A be pnaeano *bMW M by ( ) The date al Subetar" C�� pn as of #0 dlde of v& Chave Order wA to ..e0 dap from NolICR zo proceed 061MIad deaatPdon of chenpe older WA JwuficMLbm CONTRACTOR: DIRECTOR. FACILITIES DEV9.OPMENT. COuNTYENGmEER: COUNTYADtt INMTRATOR No Dec 05 06 09:113p kraig shook 561-7466792 p.2 Change Order AuachmeM Per Ordinance No. 004-190 • Chan4e O'dw was not NM Wed in the od4inai mow Torre. Yea® No ❑ tYeS. a>mlaoation: The adt MW Cast ryas Varrser N a re" Oom tre ad O searlly • chsnpe OIdw w" kmk ded h1 so OrWal apeMcremm Yes ❑ No r Yes, exptutst m of kWnM e In pd.. • Cha"O 00der emmsade $23.WO or 59B of eerd w price Qvhidhever is prptsr). Yes ❑ No go if Yes. a pie omm as to why it to eats M)w for calav for hide: • pro w areh"d approves the dwage older. Yes ❑ No N whr ilro Arolellad b not M4 W Ao g... GFWW Odav lbr aw • Chants Ordq N oonectlllp an erter or omksfon in d esipn dooemant, Yes pNo tthowd a oletm ulwkrUhs apptfoebfa PWbW nal kbft peppy be Yea ❑ No 10 t xpfi ln. W G Dec 05 06 09:19p krai$ shook 591-74GS792 p.1 CHANGE ORDER M 1 Pavers & ftmet Ina. 79 UNO LAOO DIUM Per. 954-7=-WW E'+z �-7=4YM To iBOYE>iy RRORWR COO ATY FAIR MU DBV U00 M MO RTUM ST-JIM 2-M BEY WEST, M mw ATTN CLAM IRgG S A DRSTALL orr. S. 2w 3os2qs4=l DEC (a C XQIB Slip T� me N W- FBmum jmrncL cmmm no WAD ST. BEY WEST s m nw nain Proar. par. Irr MI STQIREVBIRSBMOT�,Y 70- ZAST.W=r, SOOTR URVA lMa BYsiAT= gU&1#2M TRM Dp D 7,ALEyD1lAWII� zoo ms WZ 6wfttodmz"fimftr dfadbbw- it aoepem wa osm O d MOM Ar dw Sm of: — PsYmffrtvas f "OWW PER AU CONTRACT PRMUM PAYMENT sCHElMS �WYPWaMMdbbi�pdMd. NwrllcbM Pdlwfen�abn, OmftO AYya1� 1Ef AMA 7REI11 Mpy� pWlllpaeObMmppl tp ft hV , �Awurc FYW �PNrr tq' �1r u�0gaidu+f. �rMnmwmL ln�gr Nbs tRtiPr+ngnjt6l6prmgNA RRYnro�ryEQpYatRiys�rIn bft hWAIMafrmMWy&prft rolblmp �du�'aaferl�stiiouna4'p�ur�881on.fno.baorribnaOypRandrNdawrarb�lr1-dWba 19R: Aol mted Mpshim Gam, PAV!!S i 3TONl. INC. t� i MONROE COUNTY / ENGINEERMG /FACIL1M DEVELOPMENT CONTRACT CHANGE ORDER PROJECT Tm.E FnamjuonCrew Zl on 8*rrere CHANGE ORMIRR NO: 1 INITIATION DATE: October s. 2008 TO CONTRACTOR; CONTRACT DATE: Arrp * 18, 20M Pawn a s mn. Mn un0 �odw FL 334M The Contract is MWqpd as f oom The Net arr�ICfbled Mssdenum pdm)........................................ S 977,590.84 rWo rs prlorl ......................... ......... i 890 bt The ($W8i (Ow►anbeed Maldmum0.00 The (OuerMW$d Meldnsan PPd* VA be, 0rereeeo s 977. 600WO by We amps Order ................. $ 107.172.23 The new ( ommt@ed Mardaenh PdW kmkmft alb Chops Order It... s 1,084.762 47 TT h9Cw or 8ub�ste vA be OMMMa) fdommo q by .................. C0mP10WWas0f9ISdaleafthisChapsbrdaris..� )p s tO d WA DetldW �Pdar of chops order and )u@WW@g n: ARCHITECT: CONTRACTOR. MONROE COUNTY ATTORNEY APPROVAP AS TO FORM: SUSAW M.ORIMSWY ASSISTANT COUNTY q-Y DaU -�4�a_ l /l/Grl/� :.:.. ar o E0MIE6: APWII.I 07 9.Ma71r.Be9eMeq urrz: Pavers & 8toAe, Inc. 79 UIIO LAQO DRIVE JUNO BEACH , FL. SS408 Ph. 954-753-0706 Fes 954-723-0706 To: (BUYER) MONROE COU NTY FACHJTIES MY 1100 SI IONTON ST -RM 2-216 KEY WEST, FL 33M ATTN CLARK BRIGGS Date: OCT. 5, 2006 Phone: 305-2924429 Fax: 305-2954321 Ship To: FREEMAN JUSTICE CENTER 500 WHiTEHEAD ST. KEY WEST, FL 33040 IIuk Aweost P�l SUPPLY dt OYSTALL I 26M EA WALL ANCHOR DA918 HOT DIPPED GALVANIZED SL21 532,29f.74 3353 EA CONTINIJOUS CHANNEL ANCHOR GALVANIZED S23 87484 R!!k habove hems refect the cx* for ha pirnmeJpfgY�y WE" in erignal.bid. _ - !!klkk 7370 Uf@.15 51,105,50 •• INCLUDES EPDXY A STAINLESS STEel, SCREWS FOR INSTALLATION OF CHANNEL SYSTEM. ANY QUESTIONS PLEASE FEEL FREE TO CALL MY CELL 154-445-7336 RMUG SHOOK WE PROPOSE hereby m fbenieh nmkrbd and labor - 3107,172.23 complNe 1n aoeerdwe:e whb above specBleadwas for the Sam of Payment as follows: PER AZA CONTRACT PROGRESS PAYMENT SCHEDULE AOnd111 IsOuenrMedtoben apadro& Arm* lobe meldedinaadfNen"WWMVWMnMMMWSaopdeg tolPkWesftoslbMftd, pef aWldefd praaeaea Arly amrelm or dwleaon from oboe $P@dftdbM MVIVYg wire *No We be W■nM W* up m Wean OWNa, and wa beooma art a4radw0awarand ebwWOls eetlmrto Pawn d; 81aubnot raeon N&bfaomwgmtoundrprouiduMMn opt*bm. edeup ee, eanume, Iwdaeapft sod. "KIM . FM twdwl0 ba dMw&M by fdd weawwwwt. Peatdeaeaeelaoe W8be oI g 118%peramen(1.5e,perM"*xaYneeeeaWtrto plsoe 0dt¢muntMar rends oleo aamny far m4ecwrl, alryane ad raeeonebM attorney feea, met ar iaeAd Imaned by ParWe a am. Ina. M ooeedion a IlWdelt er oM m udw bdinw dull be adI ed to Bu IaM b W nee due. BUYER: Axlhorbed Siptatare PAVERS R STONE, INC. DATE: DATE: Change Order Attachment per Ordinance No. 004-1999 • Charge Order was Fo Included in the olidnal COMract spedlImMons. Yea ® No ❑ If Yes, exptanallon: The odgiW cmtrvr speciky ions ware de&Vw wih the E%Mdar InWWed Fir Wft Warn, (E.I.174). • Change Order was aidudW in ffw original specMea0ons. Yes ❑ No If Yes, explanskm of lacrosse in price: • Cheops Order exceeds $N,0W Or 5% of 00r4rod price (whichever is greater. Yes ❑ No If Yes, ecpiaru fion as to why it Is not aubJed for a calving for bids: • Project arohtled approves the change order. Yes ❑ No M no, explandton of why: The And9teot to not required to approve Change Orders for am Froeman Jastice Centar. • Change Order is careding an error or omiroion in design document Yes ❑No Stwutd a dalm ~the applicable prof edonal liability powcy be made? Yea ❑ No Explain: FREEMAN JUSTICE CENTER BRICK AND STONE Joliet Check Agreement All payments for cast stone and brick materials will be made payable to both Pavers & Stone, Inc. and Rinker Materials Corporation. Monroe County shall, in accordance to the original contract with Pavers & Stone, Inc., retain 10% from each progress payment until final payment is made in aa:oidance to Article G. It will be the responsibility of Pavers & Stone, Inc. to pay Rinker Materials Corporation in its entirety when due. Paven & Store, Ism will be the account to which this guarantee applies whose address is 79 Uno Lags Drive, Juno Beach, FL 33401L — Stainless Stec! Attachmiats and Brick will be purchased by Pavers & Stone, Inc. from Rinker Materials Corporation fufl the sole purpose of installing same at the Freeman Justice Center, 302 Flemmg Strect, Key Wert, FL 33040. For our mutual protection, releases of liens will be required throughout the length of the job. Monroe Canty Facilities Development 1100 Simonton Street Key West, FL 33040 Monroe County Pavers J, Stone, Inc. laye`frl;Ay. Title iD - b --a Date MONROE COUNTY ATTORNEY APPROVED AS TO FORM: SUSAN M. ORIMSGEY ASSISTANT COUNTYATTpt�NEY Date if- 2 7 c.,c. Change Order Attachment per Ordinance No. 004-1999 • Charge Order was not included in the original contract specificatlons. Yes ® No ❑ If Yes, explanation: The purpose of We change order Is to let the Bowlfer of brink and stone, Rinker Materials CorporoBar, as a payee ak M wNh our Color, Pavers d Stons, Inc., on checks payaWe for the installation of brink and alone on the Fromm Justice Ceram • Charge Omer was included In the original specifications. Yes [I No If Yes, explanation of increase in price: • Change Order exceeds 825,000 or b% of contrail pdce.Wilchaver Is greater). Yes ❑ No If Yes, explanation as to why it Is not subject for a calling for buts: • Project architect approves the change order. Yes ❑ No N no, explanation of why: The AnMect is not required to approve Change Orders 10r the Fieemerr Justice Center. • Change Order is correcting an error or omission in design document. Yes [1No Should a claim underthe applicable professional liability policy be made? Yes ❑ No Explain: Cte- MONROE COUNTY ENGINEERING CONTRACT CHANGE ORDER PROJECT TITLE: FF00frIan Jumce cow Jackson Square Key West, FL TO CONTRACTOR: Pavers & Shona, Inc 79 Um Low Orks Juno Beach, FL 33408 The Contract Is changed as follows: CHANGE ORDER NO: 2 INITIATION DATE: October 5,2006 CONTRACT DATE: August 16, 2008 The original (QWNA-%W (Guaranteed Ma)dMum Prim) ............. Not change by previouslyauthortzed Change Orders ................................................ .................... 1$ 977.590.64 111 1107,1171.23 The Q211kill-690 (Guaranteed MWdmm Prim) Prior to this Change Order VMS ......... $11.0841,782.87 The (Contract (Guaranteed Ma)dmum Prim) wM be angilitillillo (decreased) (unchanged) by this change order ................. $ 27258.88 The now tCvpbW Suml (GuWar"ad M'Ddmtsrn Plft) including this Change Order Is ... $1Al2,019.55 The Contract Time will be (increased) (demwiaW) fugoh by .................. MIA The date of Substantial Completion as of the daft of this Change order is -.90 days from Notice to Proceed Detailed deso"on of change order and justificaunn: ARCHITECT: CONTRACTOR: DIRECTOR, FACILITIES DEVELOPMENT: COUNTY ENGINEER: COUNTY ADMINISTRATOR Thomas Change Order Attachment per Ordinance No. 004-1999 e Charge Order was not Included In the original contract specifications. Yes ® No ❑ If Yee, explanation: The addMbnef Cast Stone Veneer is a result GOm the added seowo design. e Change Order was induded In the original spedficoons. Yes ❑ No if Yes, 41*18nallon of IrKm a In price: e Change Order exceeds $25,0W or 5% of Contract price (whieve► is greater). Yes E] No M Yes, explanation as to why it Is not subject for a cal tg for bids: e Proled aftlIM approves the charge order. Yes ❑ No If no, explanation of why: The ArotWoot is not requkod to approve Change Orders fir the Freemen JusUce Canter. e Charge Order Is correcting an error or Omission in design documem. Yes [3No Should a deim under the apppcebb prafeatdonal liabltty policy be made? Yes [] No 19 Explain: CHANGE ORDER N 2 Pavers & Stone, Inc. 79 VNO I.AGO DRIVE Date: OCI. 5, 2006 JUNO BEACH , FL. 33408 Phone: 305-292-4429 Ph. 954728-0705 Fax: 305-2954321 Fez 954-723-0706 Ta ($DYER) Ship To: MONROE COU NTY FACILITIES DEV FREEMAN JUSTICE CENTER 1100 SIMONTON ST -RM 2-216 Sm WHITEHIMB ST. KEY WEST, FL. 33040 KEY WEST, FL. 3" ATTN CLARK BRIGGS Dear Unit lAmmoft SUPPLY & INSTALL 1281 SQ FT ADDITIONAL CAST STONE VENEER NOT CLEARLY $21.20 $27,M.60 DEFINED ON BLUEPRi08 ;VEREnRD ON FIELD VISIT IN JULY. THE BAST ,WEST, SOUTH ELEVATIONS VARY BY A GREATER QUANTITY THAN DEPICTED J ON THE GONZALEZ DRAWINGS — ANY QUESTIONS PLEASE FEEL FREE TO CALL MY CELL 954445-7356 KRAIG SHOOK WE PROPOSE huff to farm aaaberW and tabor- $27,259.0 eompkte in mcowdaauee with above apecificatioae for the Sam of: Payment as MID". PER AIA CONTRACT PROGRESS PAYMENT SCHEDULE N mdwW ls plwmdead b be as apacdad. M work to be owOeW la o wA aWM vmd m oo marorw la apsCNkadwro w4aldlsd. par alsndW pndcea. Any SWONr of deeheon from above W800"00m t "MV COS Calls we be maroraed atly upon wlaar wdwa, wd WW become an woaa dwge over and abmeto eahnah. Pevra & Sim ls not map Mblb for dam g" to wWwgradm Maim aprinldwa, adeang ala, awwde, Wadacapkrg, nod, dMwaad. Pkrd bwok:e M be de m nkred by held ffwnwwnmd. Pad dal WomanYA be charged 16% par waao (1.5% pw "me). tt a is malawyM PbOs #do s000wd In 0relwwla ofen amm" for waecllon, wyam d imawW b AMW Mal, castor kftmd kwurred by Parma & aim, Inc. In OOU@dlwr Orltlp m of odd avardue balance shad be added M dra Wall balance due. BUYER: Authorized Sipwmre PAV6tS R STONE, INC. IUD} / C�U�T"Y�MONROE wr+ax laaracn -.^,_.," � MW Mao oi(,nmao, Distid 4 "�°` ProTem erne tan SpWtar, olauld t t> oasaid z triet2 3 SAWa M. murptw, Dwd 5 Suzanne A. Hutton, County Attotvaey" Office of the County Attottey Roberts. SWItioner, Assistant County Attorney" PO Box 1026 Peden I. Mareado, Assistant County Attorney Key West, FL 33041-1026 Susan M. Grim.a..l.e,.y.�,1 Assistant County Anm ony (305) 292-3470 —Pho ne Nadhxne W. Cassel, Assistant County Attorney (305) 292-3516 —Fax " Hord Ckdfied in City, County & Lmd GOVL Law January 9, 2007 Via Certified Mail 8 and Facsimile Mr. Kraig Shook and Mr. Kraig Shook and Mr. Kraig Shook Pavers & Stone, Inc. Pavers & Stone, Inc. Pavers and Stone, Inc. — 79 Uno Lago Drive 725 Hummingbird Way 1955 Popps Ferry Road _ Juno Beach, FL 33408 103 Alt 20511 North Palm Beach Florida 33408 Biloxi, MS 39532 - Re: Pavers & Stone, hie. Contract with Monroe County Dear Mr. Shook; As you know, under your contract with Monroe County and pursuant to Florida Statute 255.05, Pavers and Stone, htc. is required to deliver either a payment and performance bond or an alternative to the bond prim to commrincamert of the work. The County has &an you ample time to produce the bond or an alternative. As of today you have not dome so. The contract requires that the bond be in an amount at least equal to the contract price and it is the policy of Monroe County that any bond alterative must be in an amount at least equal to the total contract price. We will not accept a percentage of the contract price as a bond alternative. This letter is to give you notice that you have until noon on January 16, 2007, to produce proof of a bond or appropriata alternative at the Offroe of the County Attorney, located at 502 Whitehead Street, Courthouse Annex, 3`d Floor, Key West, Florida 33040. Kyou we unable to produce the bond or alternative at that time and piece, I will advise the Board of County Commissioners that you bane failed to provide the required prerequisite to the contract. It is within their power to determine that the contract is null and void; and to move to award the contract to another entity. Please be advised that you are to take no action in furtherance of the contract until a bond or alternative has been produced, inchding but not limited to ntanufacturr, purchase, delivery of materials, and hiring of personnel. If you take any action in furtherance of the contract you do so at your own risk and Monroe Comity assumes no responsibility for those actions. Sincerely, Suzanne A. Hutton Monroe County Attorney cc. County Commission County Administrator Mr. David Koppel Cassel -Nat From: Cttss"at Sent: Monday, January 29, 2007 4:05 PM To: Briggs -Clark Cc: Hutton -Suzanne; Koppel -Dave; Barnett -Jerry; Heil -Cynthia Subject: RE: Pavers and Stone I have been in hearings all day. His lawyer said the letter would be to us last Friday, now it is Tuesday. Lee see what the letter says. I hope it is very specific as to when he'll get the bond and the amount. Nat From: Sent Monday, 3amiary 29, 2007 2:30 PM Tot Cassel -Not Cat KoPPol-Dam BanetP3eny; RACOSmaanal rtaN-GynrMai gdkVW'BW, ONtday-SUW Subject RE. Poram and Stone I just got offthe phone with Kraig and this is the latest After several failed attempts by Kraig to call me over the weekend (my phone was broken in two) I was finally able to reach him today. His intentions are to complete his seopaef work. He stated that his Lawyer is against this because of an ongoing case between the County and Gonzalez Architect&. He also stated that he will have a letter from his bonding company that says he will be bonded for the full contract amount. According to Kraig, he will have this letter by 5:00 PM tomorrow. I will follow up on this by verifying that he received the letter on Wednesday. Clark Briggs Sr. Pmject Manager Facilities Development Monroe County Engineering Division 1100 Simomon St., Room 216 Key West, FL 33040 Phone (305) 295-4429 Fax (305)295-4321 HELP US HELP YOU! Please take a moment to complete our Customer Satisfaction Survey: tM:Itamroeswvev 'nualtorn"l vzgm a AOom 4mlb Plow note: Florida has a very brad public mcords taw. Most w hian coowamtatloos tour from the Cowtyreprd'oig County bummu+ae public records available to the public and media opon request Yourasua0 communication maybe s bject io public disclosure. From. Brings -Clark Setts~ Monday, January 29, 2007 7:49 AM To. Casset-Plat Subject RE: Pavers and Stone Not as of yet Nat. Clark County of Monroe The Florida. Keys Robert B. ShiRinger, County Attorney" Pedro J. Mercado, Assistant County Attorney ** Susan M. Grimsley, Assistant County Attorney** Natileene W. Cassel, Assistant County Attorney** Cynthia L. Hall, Assistant County Attorney ** Christine Limbert-Barrows, Assistant County Attorney ** Derek V. Howard, Assistant County Attorney** Lisa Granger, Assistant County Attorney Steven T. Williams, Assistant County Attorney ** Board Certified in City, County & Local Govt. Law January 9, 2014 Amy Heavilin, Clerk of the Circuit Court Sixteenth Judicial Circuit, State of Florida Monroe County Courthouse 500 Whitehead Street Key West FL 33040 Mayor Sylvia J. Murphy, strict 5 Mayor Pro Tem, Danny L. Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 David Rice, District 4 Office of the Coun 1111 I P Street, Suit( Key West, FL 33040 (305) 292-3470 — Phc (305) 292-3516 — Fax In Re: Florida Keys Citizens Coalition & Last Stand v. Monroe County Case No.: 06-2449, Division of Administrative Hearings (DOAH) Dear Ms. Heavilin: Please find enclosed herewith the transcripts of the following closed attomey/cl the Monroe County Board of County Commissioners regarding the above -refer November 1, 2006; December 20, 2006; January 18, 2007; and, September 19, 2007. Under F.S. 286.011(8), the transcript may be made part of the public litigation has concluded. Thank you for your assistance with this matter. Please contact me should questions. aert. linger Monroe County Attorney Enclosures y Attorney 408 sessions of d matter: because the have any I 1 MEETING OF THE 2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 3 ATTORNEY -CLIENT CLOSED SESSION 4 RE: FLORIDA KEYS CITIZENS COALITION v. M NROE COUNTY 5 HELD AT THE 6 COMMISSION CHAMBERS 7 HARVEY GOVERNMENT CENTER, 1200 TRUMANAVENUE 8 KEY, WEST, FLORIDA 33040 9 NOVEMBER 1, 2006 10 9:50 - 10:45 11 COMMISSIONERS PRESENT: 12 MAYOR CHARLES "SONNY" McCOY 13 MAYOR PRO TEM DIXIE SPEHAR 14 COMMISSIONER MARIO DiGENNARO 15 COMMISSIONER GLENN PATTON 16 COMMISSIONER GEORGE NUGENT 17 18 ALSO PRESENT: 19 SUZANNE HUTTON, ESQ., COUNTY ATTORNEY 20 ROBERT B. SHILLINGER, ESQ., CHIEF ASSISTANT COUNTY ATTORNEY 21 JERRY SANDERS, ASSISTANT COUNTY ATTORNEY 22 THOMAS J. WILLI, COUNTY ADMINISTRATOR 23 . 24 CA k C. 25 All Keys Reporting - Court Reporters - (305) 289-1201 Locations in Key Largo, Marathon & Key West 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. SHILLINGER: We are getting ready to go to the second closed session in the matter of Florida Keys Citizen Coalition and Last Stand versus Monroe County. The participants in any closed session are obviously the five county commissioners who are still present, the certified court reporter, Ms Roeser, and Mr. Willi the county administrator, the County attorney Suzanne Hutton, myself, Bob Shil finger and assistant county attorney Jerry Sanders. This discussion can be limited to settlement discussions as well as litigation expendi ures and strategy so without further ado I'll turn it over to Jerry Sanders who was the lead counsel on putting together the settlement agreement that we are going to be discussing today. MR. SANDERS: We put together a little power point to show you all. I have distributed to each of you last week a copy of each of the tier maps with the annotations by the planning department showing what had been proposed to be changed that staff had tentatively agreed to subject to all your input and consideration. I also had it blown up so what you have in front of you is a nice blown up copy as w ll as the one All Keys Reporting - Court Reporters - (305) 289-1201 Locations in Key Largo, Marathon & Key West 3 1 up on the board in front of us on the power point. 2 In addition, I distributed to each of you 3 an annotation as to the reasons for each of these 4 subsequent changes. 5 So I got a few little things in this power 6 point that the planning department helped me put 7 together. One is how we got here under this tier 8 system discussing about settlements, alternatives, 9 and a little conclusion. You also got the 10 maps on here and I will go through some of those 11 with you as well. 12 As most of you will remember March 15th, 106 13 is when the BOCC adopted the tier system including 14 the maps and LDR's. 15 The tier system had been considered over a 16 two year period by the BOCC and prior to that for 17 a considerable period of time by the planning 18 department. 19 On July 7th, the last day possible Florida Keys 20 Citizens Coalition, Inc. and Protect Key lqest and 21 Florida Keys, Inc. who does business as Last Stand 22 filed an appeal of the DCA approval of tha adopted tier 23 system. 24 DCA approved it in June and the environmental 25 groups waited until the last day, the 21st day to All Keys Reporting - Court Reporters - (305) 289-1201 Locations in Key Largo, Marathon & Key West 4 1 1 file petition for administrative challenge 2 We were set to go to hearing in lata September 3 and early October when earlier in that month we had 4 asked direction from the BOCC as to whether you wished 5 us to, us being the county attorney's offi e, to attempt 6 to try and resolve this by settlement if possible. 7 After considerable negotiations, really marathon 8 negotiations back and forth the final product of that 9 is what you have before you which was resolved that on 10 September 26th. 11 As you can see that proposed settle ent has 12 been agreed to by the environmentalists and their 13 counsel. They are not being a public body they can do 14 so by simply meeting with the board and it has been 15 approved by the Department of Community Affairs through 16 one of their division directors. 17 The only body that hasn't approved it is you and 18 it is subject to your consideration and approval as 19 it states. 20 This is a little summary that was prepared 21 showing the changes in the tier maps. Of course there 22 is substantive changes that I will go through with you. 23 The tier maps themselves as far as changes from what 24 had been previously approved last March as you can 25 see the largest number of acreage is from no tier All Keys Reporting - Court Reporters - (305) 289-1201 Locations in Key Largo, Marathon & Key West 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 destination or tier zero to tier one. That is 277 acres. It seems like a lot. Most of those however were mapping errors offshore islands and parcels that staff believe should be changed anyway. A number of parcels that went from no tier to zero tier to tier three was one parcel at six acres. That is up in north Key Largo which I will show you in a moment. Just one. It was a mapping error. The number of parcels that went from tier 3 to tier one is 55 parcels total of 32 acres. The number that went or that is in this proposal that went from tier 3 to SPA and this is the largest number of parcels, 306, 82 acres total. That 306, about 200 of those slightly less are all on Geiger Key in the AQ zone and is essentially a no build zone anyway and about half of them are developed and several of them are being bought by the Navy as we understand so it's not as many as really appear on the face of it. I am sure you noticed when you look at the map. COMMISSIONER NUGENT: Jerry, a question here concerning the AQ zone. Those areas within the AQ will be deemed tier one because they are in the AQ's not necessarily because of environmental sensitivity. MR. SANDERS: SPA not tier. All Keys Reporting - Court Reporters - (305) 289-1201 Locations in Key Largo, Marathon & Key West 6 1 COMMISSIONER NUGENT: SPA. 2 MR. SANDERS: Yes, that is correct which we are 3 charged with discouraging building in that zone anyway 4 as you know. 5 COMMISSIONER NUGENT: So you said, the numbers 6 here are skewed to a great degree based upon what 7 falls within the AQ zone that has nothing to do with 8 really environmental sensitivity. 9 MR. SANDERS: Well, that was the basis upon 10 which we felt they could be changed. Required amendment 11 to the criteria. As you know in this proposed settlement 12 the rationale by the environmentalists is that it 13 is -- they are environmentally sensitive. 14 COMMISSIONER NUGENT: I understand, but the AQ 15 zone even if we don't accept the settlement agreement 16 or even if we don't support the tier proposal 17 in toto it's still the AQ zone is still going to be 18 there. 19 MR. SANDERS: That is correct. That is Federally 20 imposed as you know. 21 MAYOR McCOY: Commissioner Spehar. 22 COMMISSIONER SPEHAR: To go further with that, 23 it is not technically an environmental issue. It is the 24 AQ. I have a problem by just because the Q's throw 25 it into the environmental pot things can change, contours All Keys Reporting - Court Reporters - (305) 289-1201 Locations in Key Largo, Marathon & Key West 1 change, uses changes. Once we do this it's going 2 to be very difficult to take it out when it wasn't 3 originally a true environmental loss. It as just 4 because it was the AQ. Do you get what I m saying 5 1 there? 6 MR. SANDERS: I understand perfectly. I guess the 7 theory that we, the staff were looking at it is that 8 we are charged with the compatible use zon s Federal 9 program to discourage development in the zone anyway 10 and we didn't think we were actually -- i mean if we 11 can get a case settled -- if I can get a case settled 12 and pay the County hundreds of thousand of dollars in 13 attorneys fees plus get the definiteness tc the tier 14 system in trying to implement for three years I am 15 going to do it if it doesn't hurt if I can and this 16 I feel doesn't hurt us because most of these that they 17 want to go into SPAS are actually not going to be 18 buildable lots if they don't have development on them 19 anyway we're going to discourage it and probably 20 not give them permits because they are in the AQ zone. 21 COMMISSIONER NUGENT: And there is very little 22 developable property, if any, within that area. 23 MR. SANDERS: Correct. 24 MAYOR McCOY: Commissioner Spehar. 25 COMMISSIONER SPEHAR: One other sta ement that All Keys Reporting - Court Reporters - (305) 289-1201 Locations in Key Largo, Marathon & Key West 8 1 you made that as far as I understand, corr ct me if 2 I am wrong, you said that this was approved by the 3 DCA. It was approved by the representativ from 4 DCA, Mr. Shawn, correct? 5 MR. SANDERS: Not only that, as you see the 6 signature of Alfred Hubbard, director of division 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of community planning. COMMISSIONER SPEHAR: Right, but it was the Secretary of DCA that was very upset with he Department signing off on it. That was his conversation with me. He was not happy with what was done. MAYOR McCOY: I think the question 3he is asking is does this have the full weight of the D partment? MR. SANDERS: Well, they told us it did. They participated in every single one of these negotiations hours and hours of discussions and depositions of the experts and so forth. MAYOR McCOY: In your opinion let's say this. In your opinion does this carry the full w ight of the State of Florida? MR. SANDERS: Apparently it doesn't now because I know that Commissioner Cohen has been lobbying various commissioners to try and reject this agreement, proposed agreement which has already been approved by his department. We know that. All Keys Reporting - Court Reporters - (305) 289-1201 Locations in Key Largo, Marathon & Key West E 1 MAYOR McCOY: Commissioner Nugent. 2 COMMISSIONER NUGENT: Now I got a call from 3 Secretary Cohen. We were never able -- we were playing 4 phone tag, but you're telling me that the 3ecretary 5 was taking a position in opposition to thi5 and staff 6 was in support of it. 7 MR. SANDERS: Correct or has now. I think 8 probably they -- I am guessing. I don't k ow what 9 they did internally up there, but supposing or 10 supposition is that his staff hadn't fully briefed 11 him perhaps on that. I don't know. 12 COMMISSIONER NUGENT: Well, I find that even from 13 the standpoint of mettling in local government affairs. 14 MAYOR McCOY: Mr. Willi, you want to insert 15 yourself here. 16 MR. WILLI: Just a point of clarification. 17 Mr. Sanders, jump in if I am getting all crazy, but 18 the AQ areas that we are talking about, is AQs that 19 are represented on the new maps that Monroe County 20 has not adopted and the Navy has not formally 21 submitted to Monroe County for that public process for 22 the adoption. In that AQ zone there are two potential 23 areas in that zone. The accident potential zone 24 and the noise potential zone. We all agree that 25 the APZ, the accident potential zone, the ability to All Keys Reporting - Court Reporters - (305) 289-1201 Locations in Key Largo, Marathon & Key West 10 1 build on that property is very limited and the Federal 2 government is going to be the first agency in a way 3 from issuing a permit on those properties But I 4 am not going to say that the same rule applies to the 5 noise potential zone. Those properties have 6 significant value. If we go ahead and make these 7 destination changes Monroe County is lining up to 8 purchase these additional properties. 9 COMMISSIONER NUGENT: That would include Key 10 Haven. 11 MR. WILLI: Yes, sir. 12 MAYOR McCOY: Commissioner DiGennaro has a 13 question. 14 COMMISSIONER DiGENNARO: Sir, I have a question 15 as far as you said, you know, going along with this 16 gentleman's agreement would save us some money and some 17 time on litigation, but wouldn't it also Dpen up a 18 big door to a lot more litigation down tha road? 19 MR. SANDERS: We think not. 20 COMMISSIONER DiGENNARO: Possibly open up a 21 lot of doors. 22 MR. SANDERS: Of course anything is possible 23 as you know. One of the things that this gives 24 definiteness to since it was filed on the last day 25 and nobody else can file an appeal of our tier All Keys Reporting - Court Reporters - (305) 289-1201 Locations in Key Largo, Marathon & Key West 11 1 system plus part of the agreement was that they would 2 not challenge us -- well, part of it is inc rporation 3 of the tier map into the comprehensive plan and they 4 will not challenge that. 5 There is some something to be said for -- a lot to 6 be said for definitiveness, conclusions of litigation 7 so that it doesn't continue on. Even if we went to 8 our DOHAs which as I understand is probably the 9 inclination of the Commission, if we do go o 10 administrative hearing and win then that do sn't end 11 it there necessarily because then they can take it on 12 appeal beyond that. 13 Our experience in the past has been those 14 things drag on for many many months. 15 MAYOR McCOY: Commissioner Spehar. 16 COMMISSIONER SPEHAR: To expand furt er, on the 17. noise contour, through the years as we are:finding with 18 just the contour that is around the Key Wes 19 airport, the type of planes changes. The amount of 20 sound so that it is something that changes in the 21 future will possible change the contours again. 22 As I said, contours can change. Tha noise 23 contour goes from Shark Key down to Key Hav n and 24 Geiger. The most dangerous is direct flight path 25 and that we will never change, but I have a real All Keys Reporting - Court Reporters - (305) 289-1201 Locations in Key Largo, Marathon & Key West 12 1 problem just because the contour today that is there 2 that we would automatically throw it intc the spa. 3 MR. SANDERS: We are talking about something 4 that may have to be qualified. That there is some 5 concern that maybe if there is any questions in your 6 mind that this is not the full recommendations of the 7 Department of Community Affairs and if the 8 director of the DCA is having a question about it, 9 the action we may be taking here may be contrary 10 to what the state is asking us to do. 11 You see the quandary that we are talking about 12 here and it is going to have to be the direction that 13 I think we should be taking is a qualified condition. 14 COMMISSIONER NUGENT: We may have a new 15 Secretary within a matter of weeks or months in 16 the Department of Community Affairs anyway. Certainly 17 based upon historical changes that would be fact 18 shortly, but having said that I think going to 19 Commissioner Spehar's suggestion and I certainly 20 recognize that is a concern also especially the noise 21 contours. The crash contours concern me less, but the 22 noise certainly that it encompasses parts of Key 23 Haven and other areas I would be reluctant to support 24 putting that in there because of the problems it may r 25 create. All Keys Reporting - Court Reporters - (305) 289-1201 Locations in Key Largo, Marathon & Key West 13 1 MAYOR McCOY: Commissioner Patton. 2 COMMISSIONER PATTON: I think every one received 3 my letter of October 13th and all the objections that 4 I had to the language. There was various speakers 5 and that said the language was also very 3haky grounds 6 and would probably be challenged as far a3 especially 7 in Section 2 D where additional special p otection 8 areas of less the one acre of tropical hardwood hammock 9 and pine lands may be designated as special protection 10 area if determined by the county biologis that the 11 development in such areas and lots would increase 12 additional secondary impact on threatened or 13 endangered species due to their proximity to designated 14 tier one areas. 15 Well, I just found that to me is a deal killer 16 right there. I as a commissioner would n ver want to 17 give that kind of authority to the biologist to do that 18 type of determination and also the langua e in there 19 to me totally did away with what was determined in the 20 tier system to be reasonable by public hearing and 21 public input of one acre was the limit and now they 22 are going to less then one acre and determination by 23 the county biologist I find inappropriate and due to 24 their proximity. What is their proximity. 300 feet, 25 200 feet, a quarter mile. There is nothing there and All Keys Reporting - Court Reporters - (305) 289-1201 Locations in Key Largo, Marathon & Key West 14 1 what is secondary impact. It is not defined and I 2 find the language, all the language that they added 3 to this is totally unacceptable and in the end even 4 in the maps. Now we are going back to selecting 5 individual lots again like on page 147 and the language 6 gives, to me, it puts the intent of that type of 7 situation in place and the opportunity for the 8 environmental groups to challenge this and then 9 it puts all the land owners again in limbo. The tier 10 system was to be more definitive and the habitat 11 evaluation index process under ROGO and that is why 12 it was intended to firm up and I just find this 13 tearing the tier system completely apart, this 14 settlement agreement and I would never agree to 15 it. 16 I think it's totally inappropriate to go forward 17 with a settlement at this point and I don't, all except 18 for about two of these maps I don't have a problem with 19 that, changing that, especially the map errors, but 20 there is already a process in place within the tier 21 system that allows that to happen so why are we doing 22 this in the settlement agreement when there is a process 23 already in place for that to be done and done in a 24 legitimate, I thought, appropriate process. So I don't 25 have a problem with changing the maps except for probably All Keys Reporting - Court Reporters - (305) 289-1201 Locations in Key Largo, Marathon & Key West 15 1 two of them I have a problem with, but those can be 2 done once the tier system is adopted by whatever 3 petitioners there are out there. 4 MR. SANDERS: I agree with you but if we 5 don't get it settled a couple of years down the road -- 6 MAYOR McCOY: Commissioner Spehar. 7 COMMISSIONER SPEHAR: Secretary Coh-n started 8 this way back and he was deeply involved a d he is not 9 happy with the settlement agreement. I know that for 10 a fact. He is not happy with the settlement agreement 11 and I have to respect his wishes. Right now I tend 12 to respect his wishes. 13 MAYOR McCOY: Incidentally he has r quested 14 depending on who becomes Governor to conti ue 15 on so there is a possibility he is going tD stay there, 16 but regardless some staff might not be there who is 17 signing this. Right now you are asking this commission 18 to act upon this without qualifying what you are 19 talking about. I think if I might suggest something 20 to you and when we say understand, there seems to be 21 some concern from the state level and even from concerns 22 of the commissioners here about going ahead and saying 23 assigning this off to staff to make these decisions 24 and everything like that. The final decision should 25 always be the commission. Some of these things All Keys Reporting - Court Reporters - (305) 289-1201 Locations in Key Largo, Marathon & Key West 16 1 may have some questionable concerns from a'Legal 2 point and the concerns about specially going 3 contrary to the Secretary of DCA. I don't 4 understand how he doesn't have control final control over 5 everybody on his staff. This is confusing to me. Do you 6 have something right now to say that we should put this 7 thing in saying we are going in the right direction 8 or something like this that there is still some concerns 9 about a settlement per se when we are not even in accord 10 with the State of Florida who is going to h ve the final 11 word on this thing regardless one way or the other. 12 COMMISSIONER NUGENT: Let me just say this one 13 point. I have spoken with some of the property owners r 14 that are potentially involved in this and developers that 15 are potentially involved in it. I think some of the 16 issues that Mr. Patton, Commissioner Patton brought up 17 have been addressed. Certainly no one, I don't think 18 agrees that our county biologist should hav the last 19 say in issues like this. That rests with the biologist 20 right here, but one thing that I have heard some of 21 the developers say who are held in limbo as this 22 potential litigation will continue on is foi crying 23 out loud somebody make a decision one way oy the other of 24 what we are going to do here because these quys are held 25 in abeyance and in being able to move forward on some of All Keys Reporting - Court Reporters - (305) 289-1201 Locations in Key Largo, Marathon & Key West 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 17 their projects so whatever takes place at some point in time I am assuming it will be at our next county commission meeting is and if we reject this settlement agreement or not there are a lot of people out there saying for God's sake do something one way or the other so we can move on with this. And we have been operating under a ROGO program that seems like a lot of people have learned to operate within. And now we are going to do this and we need to move on at some point in time and if it's rejecting the settlement agreement which I have really gotten to a point where let's just do something. Reject it, accept, it but I don't think that the acceptance based upon what you guys have done from the standpoint of work and bringing this to the table is a bad alternative either. I don't have a problem either way. In accepting the settlement agreement or rejecting it. Tweaking the settlement agreement but we need to do something. COMMISSIONER SPEHAR: I have been waiting here. I will tell you that my conversation with Tallahassee has been that this is not the opinion of all in DCA and the argument about the biologist. Without question, the biologist is not the final All Keys Reporting - Court Reporters - (305) 289-1201 Locations in Key Largo, Marathon & Key West 18 1 word. If we have to come back to the commission, it 2 would have to be where the public has input and the 3 commission makes the last point. 4 In reference to the argument of properties 5 that are in the wrong designation, we have always 6 had the ability to go to Tallahassee to change, you 7 know, ask that they be removed. The old way was that 8 twice a year it was all that they could do. 9 Secretary Cohen said to me that that will not 10 apply because this will be acreage of less then ten 11 acres. We can send them up if we wish every day and 12 they don't necessarily hear them. 13 In fact, I have an e-mail from to Secretary 14 Cohen from signed off Marlene. Is that Marlene of 15 our Marlene. 16 MR. SANDERS: Yes. 17 COMMISSIONER SPEHAR: Okay, that clearly shows 18 that they are not subject to DCA review. They just 19 document it. They don't actually review it. It's 20 not something that is held up as the old process was and 21 I have one other question. 22 By what action we take in this closed session 23 isn't it directing -- one of the possibilities directing 24 the staff to advertise so that this can be on the agenda 25 for our 15th meeting? All Keys Reporting - Court Reporters - (305) 289-1201 Locations in Key Largo, Marathon & Key West 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. SANDERS: Yes. COMMISSIONER SPEHAR: And that is when we come out to the public and make a decision on what we do. MR. SANDERS: Yes. COMMISSIONER SPEHAR: Okay. MR. SHILLINGER: We could go back into the open session today and add it to the agenda and take action at the open session if that is what the pleasure of the board is. You don't have to wait to do it, but you haven't asked for -- it hasn't been advertised. The public won't there to speak on it. There is nothing that says they are necessarily obligated to do that, to have that opportunity, but you have the opportunity today but we have to come back to the open session and vote on it at an open meeting and then give us that direction to reject it and to do it, but we still could do it at November 15th. That would be a cleaner more transparent public process. You have the option of doing it today if you want. COMMISSIONER SPEHAR: One other point to go further on what Commissioner Patton said in reference to the lots that Secretary Cohen reviewed with Commissioner Nelson they are now in this settlement agreement negating the decision and they are throwing back roads and canals, you know, the issue that we All Keys Reporting - Court Reporters - (305) 289-1201 Locations in Key Largo, Marathon & Key West 20 1 fought months over roads and canals do not -- they 2 say do not divide. We say that they do di ide. I am 3 finished now. 4 MAYOR McCOY: Commissioner DiGennar . 5 COMMISSIONER DiGENNARO: We had a p blic 6 hearing on this before so basically what we are going 7 to do is repeat what we repeated two weeks ago so would 8 it be that complicated. I think maybe we should go into 9 an open meeting and we have to make a decision. We 10 can't keep on moving month to month. We'll never get 11 the job done. Let's just make a decision what we 12 are going to do and go forward. 13 COMMISSIONER NUGENT: I would only point out in 14 that recommendation that press and I know you guys don't 15 care about that, but the press and also the public is 16 in that it wasn't advertised and I am sure that there 17 are a lot of people that want to speak on this 18 particular issue. Last bite of the apple. I think 19 if we vote on that here in Key Largo right now -- 20 COMMISSIONER PATTON: Key West. 21 COMMISSIONER NUGENT: Here in Key West. 22 COMMISSIONER DiGENNARO: How many apples do 23 we get. 24 MAYOR McCOY: Commissioner Spehar, I am going 25 to wind it up in a minute. All Keys Reporting - Court Reporters - (305) 289-1201 Locations in Key Largo, Marathon & Key West 21 1 COMMISSIONER SPEHAR: Just one thing. This is 2 not a Key Largo issue. This is Monroe County so it 3 makes no difference where we have -- 4 COMMISSIONER NUGENT: I understand that, 5 Commissioner Spehar. The point I am making is that 6 it was put on a special meeting and I am fine if you 7 want to take a vote on it. I am just predicting what 8 is going to happen. 9 MAYOR McCOY: It might be helpful h re. 10 COMMISSIONER SPEHAR: I would like to know 11 the attorneys feeling what Secretary Cohen said to me 12 is DCA would back up us if we opposed this They 13 would be there in the courtroom with us. they are our r 14 partner in this, but legally with all of the accusations 15 of doing things improper, advertising and so on, if we 16 made a decision today and I know that DCA aas a 17 deadline too. We must have it on the 15th agenda. 18 Is there any question whatsoever that we are 19 not complying with every legal issue? Advertising, 20 everything, making a decision today, making a decision 21 on the 15th. 22 MS. HUTTON: I believe you would have to vote 23 unanimously to place the item on the public hearing 24 today to then take action on it in order to cover all E 25 the bases. All Keys Reporting - Court Reporters - (305) 289-1201 Locations in Key Largo, Marathon & Key West /Q) 1 MR. SHILLINGER: Right, you would ave to amend 2 today's agenda at an open session, come back in open 3 session, amend it to add it on and there is no 4 requirement under the law that you have advanced 5 notice of an agenda. You just have to have advanced 6 notice that you are having an open meeting. 7 COMMISSIONER SPEHAR: By opening this and doing 8 that, is that considered an add on? 9 MS. HUTTON: Yes, it is an add on. That would 10 be the whole point of why you would have to vote 11 unanimously. 12 MR. WILLI: Can we discuss an alternative 13 here. You're actually going to want to add this 14 to the November 15th agenda, take public input 15 on it. What exactly are you going to take public 16 input on? 17 MS. HUTTON: Because you are not going to be 18 discussing what took place in this meeting. 19 MR. WILLI: Pending litigation here. There is 20 no discussion so are you going to subject yourselves 21 to possibly an hour or two of public input that you 22 really can't take into consideration for your 23 decision. Just weighing the alternative. 24 MAYOR McCOY: Right now there is a major concern 25 that we may have something that is flawed and not All Keys Reporting - Court Reporters - (305) 289-1201 Locations in Key Largo, Marathon & Key West 23 1 compatible with the State of Florida's position. 2 The official state of Florida position. 3 Ultimately they are going to have the final word. 4 Now if the secretary has taken it upon himself to 5 make great concerns about what we are do ng any 6 action that we take now that may be in conflict 7 with that, that is going to make this problem 8 exacerbated so we are going to have to make a 9 decision now whether it's to be pursued until we 10 can come back to this thing. We might have to even 11 bring in the State of Florida as a third party 12 and the discussions but there has been enough concern 13 here from the commission that you should have right 14 now some kind of feeling about the concerns we have. 15 Commissioner Patton's concerns about these things 16 that have probably bothered all of us at one time 17 or another that somebody on the staff is going to 18 make a decision that is binding upon this commission. 19 I don't think that we have really the 20 authority to just delegate this thing so arbitrarily 21 down to somebody like that; that they can make the 22 recommendation and everything but somewhere along the 23 line it should be brought in here and maybe in a 24 group whatever it is to opine so there is some 25 flaws in this thing that have enough co cerns All Keys Reporting - Court Reporters - (305) 289-1201 Locations in Key Largo, Marathon & Key West 24 1 from this commission, have enough concerns from 2 the State of Florida officials. Not by the staff 3 but the official position of the State of lorida.. 4 COMMISSIONER NUGENT: Question to Mr. 5 Sanders. We are trying to determine right now 6 whether we are going to support settlement 7 agreement, reject the settlement agreement go through 8 litigation, right? 9 MR. SANDERS: Yes, sir. 10 COMMISSIONER NUGENT: My questions to you are 11 there issues that we brought up here that - 12 MAYOR McCOY: Are reconcilable. 13 COMMISSIONER NUGENT: That make thi settlement 14 agreement reconcilable to the Board of County Commission 15 in an attempt to avoid ongoing litigation ghich has 16 been threatened by this particular lawsuit. That 17 is my interest and concern. I have a great deal 18 of respect for Mr. Cohen. Mr. Cohen is not sitting 19 on this board of County Commission. 20 I consider these, my four colleagues here and 21 myself we make the determination. If the DCA doesn't 22 like them that is fine and they can address that when 23 it comes before them, but the issue before us 24 today is whether we are going to accept or reject 25 the settlement agreement. All Keys Reporting - Court Reporters - (305) 289-1201 Locations in Key Largo, Marathon & Key West 1 The other question for me is are there things 2 here based upon what we have said here that are 3 reconcilable? 4 MR. SANDERS: The answer is yes. 5 MS. HUTTON: If I may, I am getting the sense 6 that there is a consensus; that there are still some 7 flaws in the settlement agreement as it is currently 8 written and that this commission does not want to 9 accept this particular settlement agreement. 10 There is no reason why you couldn't re open 11 the public session and vote to reject it with 12 directions to the staff to continue to discuss 13 settlement agreement with the issues that were 14 discussed duringthe closed session to be incorporated. P 15 MAYOR McCOY: Getting the state's concerns 16 concerns me. While the state is not sitting 17 here. 18 COMMISSIONER SPEHAR: For the record because 19 the concern of Secretary of DCA is a valid concern that 20 did not make my mind up as to why it is right 21 or wrong. 22 The way he started the conversation with me 23 was what do you think is wrong and when I said what 24 I thought was wrong he said thank you for saying 25 that because I agree with you. All Keys Reporting - Court Reporters - (305) 289-1201 Locations in Key Largo, Marathon & Key West 26 1 I have definite -- it is not by Secretary 2 Cohen's words that I want to not accept this. I don't 3 want to accept it. I am ready to vote today if we 4 choose to do that. 5 My concern is add ons and this is what the bottom 6 line feels that is what we would be doing today and 7 even though it's hard for us to sit through long 8 sessions and listen to the same thing over and 9 over again the public does have the right ffor input. 10 I know that they won't have anythinj new to 11 say, but it's the last day for the final decision and 12 I think that they have that right but as I said it's 13 the choice of the commission today. I would be willing 14 to and I am prepared to vote, but my concern is 15 the -- 16 COMMISSIONER NUGENT: I am still a little 17 confused and I would like to know if the commission 18 and I think the question today are we rejecting it 19 outright, we don't want to go to settlement agreement. 20 We are going to litigation to trial or are there 21 some things here that we can tweak as the county's 22 attorney has suggested that we further go on to try 23 to reach some kind of settlement as opposed to 24 immediately going to trial. f 25 MAYOR McCOY: I think I have the direction All Keys Reporting - Court Reporters - (305) 289-1201 Locations in Key Largo, Marathon & Key West 27 1 of the commission. Commissioner DiGennaro. 2 COMMISSIONER DiGENNARO: I think we should 3 make a decision on this. We don't have to stop 4 anybody from negotiating and pursuing while we are 5 waiting for a court date to go on with settlement 6 negotiations. I mean that is part of litigation 7 anyway to go forward. I don't think we are going 8 to close the door, Jerry, right or wrong 9 MR. SANDERS: Yes, you are correct. I wanted 10 to, if I have an opportunity, Mr. Mayor, to let 11 you know that the one big issue that I know 12 Commissioner Spehar was concerned about and that is 13 the biologist approving acres of lots of less then 14 one acre of tropical hardwood hammock SPA. That one 15 I have already gotten approval by enviro mentalists. 16 That would be subject to BOCC approval. That 17 language by the way wasn't their language. 18 All I tried to do was they wanted these lots 19 changed and whatever. I had to make up omething, 20 some kind of criteria -- create some kind of criteria 21 to justify changing a few of these lots. Not very 22 many of them you see, but that is the criteria. 23 that has already been approved by them sD that 24 satisfies that issue. The AQ's also we an put 25 in as approval. I am sure they have no objection All Keys Reporting - Court Reporters - (305) 289-1201 Locations in Key Largo, Marathon & Key West 28 1 to that. That again was our language not theirs. 2 MAYOR McCOY: In general we are saying here 3 there should be no definitive decision made on any 4 of these matters, however you want to brinq them 5 out in a bulk and the commission gives us his 6 blessing that is going to be a requirement 7 COMMISSIONER NUGENT: Again some cl rification 8 here. So if we go back to an open session we have 9 a unanimous vote to hear this and reject it. The 10 rejection is that we reject what is proposed here, 11 however if based upon what you are telling me, Jerry, 12 I hear what is objectionable to the commission staff 13 put in it. 14 MR. SANDERS: That is a fact. 15 COMMISSIONER NUGENT: So we could go back and say 16 hey guys we want to change this and we might come up 17 with a settlement, an agreement that is acceptable to 18 this commission. 19 MR. SANDERS: If you want it subject to those 20 two conditions, I have already gotten approval by the 21 environmentalists. 22 COMMISSIONER NUGENT: Well, I think we need to 23 know what else -- 24 MAYOR McCOY: We're sending it back for further 25 review and we want to make sure that the State of All Keys Reporting - Court Reporters - (305) 289-1201 Locations in Key Largo, Marathon & Key West 29 1 Florida is going to opine on whatever we come up 2 with and if that sounds unreasonable so be it but w 3 I think that maybe it's important that Cohen have 4 some kind of input on this thing. He is still there 5 and he may be there depending on who is the 6 Governor. Commissioner Spehar, did you want to 7 close it up. g. MAYOR SPEHAR: There are the things that 9 I know that the intervenors are not going to accept 10 and that is canals and roads being the division and 11 actually am I incorrect on page number 5, county 12 will amend LDR section. The applicant can't 13 permanently demonstrate based on clear scientific 14 evidence that the existence of the road has reduced 15 the ecological function of the hammock of which the 16 lot is a part to the extent that said hammock has 17 no value as suitable habitat for a protected species. 18 Now, that says does it not, that the road and canal 19 separated from the hammock. 20 MR. SANDERS: There is no canal in that portion 21 of it. It's just roadway. 22 COMMISSIONER SPEHAR: Okay, but we need 23 canals too. The canals separate. We went through 24 that whole battle over hanging ballasts nd all 25 that, but when you look at these maps th y added All Keys Reporting - Court Reporters - (305) 289-1201 Locations in Key Largo, Marathon & Key West 30 1 those lots back in so that is my -- I have a real 2 beef with that. 3 MAYOR McCOY: Counsel, do you feel you have the 4 gist of the concerns with this commission. 5 MR. SANDERS: I understand. 6 MAYOR McCOY: You do. 7 MR. SANDERS: Sure. 8 MAYOR McCOY: And make sure that you are in 9 contact with the State of Florida and we want 10 whatever we do we want to make sure that the State of 11 Florida and they are comfortable with what we are doing. 12 Make some kind of contact with them on that basis. 13 MR. SANDERS: Did you wish this to be put on ,,. 14 the public agenda for the 15th? 15 MAYOR McCOY: I think, if I am understanding 16 the commission what we are going to say is in its 17 present form this is rejected. We are asking you to 18 go back into session with any of the parties that have 19 standing in this thing. To go ahead and work up one 20 that is compatible, acceptable to all the parties 21 which is the party that has been making the 22 objections, I guess, Mr. Grosso. 23 MR. SANDERS: Last stand people and 24 environmentalists, yes, sir. 25 MAYOR McCOY: The county because you have All Keys Reporting - Court Reporters - (305) 289-1201 Locations in Key Largo, Marathon & Key West 31 1 heard now our concerns and our final deci ion cannot 2 be automatically accepted by somebody oth r then 3 the commission. And including the State Df 4 Florida. Do you think you can come back qhen we 5 come into open session again and give it to us. 6 Hold everything in abeyance yet until we get 7 something. 8 MR. SHILLINGER: What I am understanding is you 9 want us to -- when we come back in open session 10 add on the agenda to amend the agenda to reject 11 this specific one and direct staff to continue 12 negotiations to try to come up and address some of 13 the concerns that have been articulated today. 14 MAYOR McCOY: In all three parts. 15 MR. SHILLINGER: And you want us currently to 16 set a hearing so we at least have a deadline to work 17 up against so it's not going to drag on forever. 18 MAYOR McCOY: What do you think that deadline 19 should be? 20 MR. SANDERS: We think we can get a hearing 21 in January unless we have lost that. I think we 22 had a few dates that we can pick out. 23 MAYOR McCOY: January sounds good 24 MR. SHILLINGER: We'll continue o -- 25 MAYOR McCOY: No need to sit here and beat a All Keys Reporting - Court Reporters - (305) 289-1201 Locations in Key Largo, Marathon & Key West 32 1 dead horse to death and it doesn't make anj sense to 2 me whatsoever. I don't think we are doing the 3 constituents any kind of favor by saying hey, can 4 you go ahead and start discussing here for about five 5 hours and come to nothing. We are not going in any 6 direction. 7 COMMISSIONER SPEHAR: I have a question. By 8 opening and rejecting I support that. The deadlines 9 that DCA had to have for these hearings, does this 10 then has to be taken to the 15th meeting; does it 11 not or can we reject with the direction tc renegotiate. 12 I don't know. The importance of it had to be on the 13 December -- I mean the November 15th agenda. 14 MR. SANDERS: I think what you are addressing, 15 Commissioner Spehar is that the Secretary of DCA has 16 been lobbying staff as well as commissioners to 17 incorporate the tier maps into our comprehensive 18 plan. 19 As you know, when they were adoptel they 20 were only adopted as LDRs, part of our LD s, not into 21 the comprehensive plan. They want it into the 22 comprehensive plan. The bottom line as to why the 23 Department of Community Affairs wants it in the 24 comprehensive plan is because the designation is 25 looming out there and in a couple of years and if they All Keys Reporting - Court Reporters - (305) 289-1201 Locations in Key Largo, Marathon & Key West 33 1 designate it, it makes it that much harder Eor us, 2 as the County to get any land use changes made 3 if these maps are incorporated in. That is they 4 become more locked in stone. 5 MR. SHILLINGER: Jerry, just so we d n't stray 6 too far from what we can discuss in closed session, 7 is that within the context of the settlement 8 agreement, putting the maps into the comp plan? 9 MR. SANDERS: Yes. 10 MR. SHILLINGER: Just so the record is clear that 11 we are not straying beyond the limits that we can have 12 at a closed session. 13 MR. SANDERS: I am just trying to get it into r+ 14 the record so the record is clear. 15 MAYOR McCOY: I don't think there is any 16 question in peoples minds where we want to go. Mr. 17 Administrator, County Attorney, give us a very 18 brief motion to handle in open session and if you are 19 talking about January, February, talking about 20 March, if you are talking about any comfortable time 21 get the thing done right. We are talking about a lot 22 of peoples' lives, a lot of property here. We want 23 to make sure that we are comfortable with the 24 constitution of the United States in what e are 25 doing here and everything else. So get this thing All Keys Reporting - Court Reporters - (305) 289-1201 Locations in Key Largo, Marathon & Key West 34 1 right. I know it's a difficult thing to do I 2 know it's not an easy solution. Give us -- you 3 don't have to give us a specific time. Just say 4 this will be several months while we try to straighten 5 all these things out. 6 So if you can give us a little motion, the 7 verbiage on this. 8 COMMISSIONER NUGENT: Mr. Mayor, one other thing 9 if I could request of you to get clarification on what 10 I think is a little unusual that if Mr. Cohen, Secretary 11 Cohen has any objections to what is being proposed 12 here that he either come before the county commission 13 or in writing tell us what his objections are to r 14 this rather then just hearsay lobbying stuff which I 15 found out of the ordinary. 16 MAYOR McCOY: I agree with that. It doesn't 17 have to be -- I would say that we should relay this 18 to the county administrator and, however it is 19 necessary if you want to get it on tape, if you want 20 to get it in writing so what I think the concern 21 is here that we're just not saying I have heard, 22 this is my opinion. 23 COMMISSIONER NUGENT: Exactly. 24 MAYOR McCOY: Get the thing done, cet the County 25 attorney to be party to this and make surE we have All Keys Reporting - Court Reporters - (305) 289-1201 Locations in Key Largo, Marathon & Key West 35 1 the specific standing of -- we don't know if he is F 2 going to be there in January, February, March, 3 whatever, but it may be a possibility. Any way, 4 it doesn't make any difference. We should have 5 his feeling on this matter because he has b en through 6 this whole thing for a long time and even if there is 7 a new one it's going to be rough on that nev head of 8 DCA to come up with a feeling for something as 9 complicated as this thing is. And Bob so many parcels 10 of property, does affect a tremendous amount of people 11 and comes into conflict with a lot of things and with the 12 indulgence of the commission we're going to do that right 13 now and you can get back with us. We are g ing to have ,. 14 an open session. 15 MR. SHILLINGER: We have one more closed 16 session that will take about ten minutes. 17 MAYOR McCOY: We'll take a little break and 18 come back. 19 (End of closed session). 20 21 22 23 24 25 All Keys Reporting - Court Reporters - (305) 289-1201 Locations in Key Largo, Marathon & Key West 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CERTIFICATE STATE OF FLORIDA COUNTY OF MONROE I, Lisa Roeser, certify that I was authorized to and did stenographically report the foregoing proceedings and that the transcript is a true and complete record of my ste ographic notes. DATED this 9th day of November, 2006. Lisa Roeser Registered Professional R porter All Keys Reporting - Court Reporters - (305) 289-1201 Locations in Key Largo, Marathon & Key West 1 BOARD OF COUNTY COMMISSIONERS Closed Session Florida Keys Citizens Coalition & Last Stand vs. Department of Community Affairs and Monroe County DOAH CASE NO: 06-2449-GM APPEARANCES: MARIO DI GENNARO, MAYOR DIXIE M. SPEHAR, COMMISSIONER ,- CHARLES "Sonny" McCOY, COMMISSIONER aw GEORGE NEUGENT, COMMISSIONER SYLVIA J. MURPHY, COMMISSIONER THOMAS WILLI, COUNTY ADMINISTRATOR SUZANNE HUTTON, ESQ., COUNTY ATTORNEY BOB SCHILLINGER, ESQ., ASST. COUNTY A Im Marathon Govt. Center 2798 Overseas Highway Marathon, FL 33050 Wednesday, December 20, 2006 8:40 a.m. - 8:52 a.m. MONROE COUNTY COURT REPORTERS (305) 852-7344 2 r 1 (Closed Session 8:40 a.m.) 2 MR. SCHILLINGER: For the record the minutes are 3 being transcribed right now by the court reporter. For 4 now the folks have departed the room. Mayor, are you 5 calling the closed session to order? 6 MAYOR DI GENNARO: I would like to call the closed 7 session to order. 8 MR. SCHILLINGER: Thank you. For the rec rd this 9 meeting is being held upon the request of the county 10 attorney who at a prior meeting in November announced 11 that she needed advice concerning the pending lawsuit, 12 Florida Keys Citizens Coalition and Last Stand versus 13 The Department of Comunity Affairs and Monroe ounty, 14 case number 06-2449. At that meeting the Board approved 15 holding a closed session and public notice was iven by 16 publication on December 13th, 14th and 15th in The 17 Reporter, the Keynoter of the Key West Citizen. For the 18 record and for the benefit of the court reporter each of 19 us will state our names. Identify ourselves. We'll 20 start with the comission. Identify yourselveE for the 21 record. 22 COMMISSIONER MURPHY: Sylvia Murphy, District 5. 23 COMMISSIONER NEUGENT: George Neugent. 24 MAYOR DI GENNARO: Mario Di Gennaro. taw 25 COMMISSIONER SPEHAR: Dixie Spehar. MONROE COUNTY COURT REPORTERS (305) 852-7344 3 1 I COMMISSIONER McCOY: Charles McCoy. 2 MR. SCHILLINGER: I'm Bob Schillinger with the 3 county attorney's office. 4 MS. HUTTON: Suzanne Hutton, County Attorney. 5 MR. WILLI: Tom Willi, County Administrator. 6 MR. SCHILLINGER: Thank you. Just as a reminder 7 we will only be discussing settlement negotiations and 8 strategy relating to litigation expenditures. We can't 9 take any decisive action in today's meeting, we can't 10 take any notes. We can only provide information and 11 direction to the attorneys. Any decision that the Board 12 will make will have to be made at a later point at open ,r 13 session. We'll start our discussion. 14 The reason we asked to have this closed Session 15 today, we are getting ready to go to trial in February 16 on the tier system challenge. We have had some 17 discussion earlier this week with the amendment to the 18 comp plan with respect to the maps. And there vas some 19 discussion in that context that the maps were incorrect. 20 And there are some problems with the maps. 21 And as we prepare to go to trial in this our 22 expert witness, one of our staff biologists Drew 23 Trivette indicated a thorough -- after thoroughly 24 reviewing some of the problems identified by t e 25 petitioners there were some mapping errors. F r MONROE COUNTY COURT REPORTERS (305) 852-7344 4 1 example, items such as things that received no tier 2 designation because they were owned by the government. 3 It was government right-of-way. Petitioners wanted to 4 have some of that stuff classified as Tier I. lmd it 5 could be, appropriately would meet the definition of 6 Tier I. Things like that. We wanted to bring it to 7 your attention and make sure that we -- there was no 8 objections to the county legal staff when we go to 9 trial, taking the position that when we recogni e that 10 there is a mapping error that we can make those 11 concessions, so we are not going to be fighting and 12 spending money to fight over maps that are ad'ni tedly 13 incorrect. So that's one of the reasons we wanted to 14 bring that to the Board's attention and make sure that 15 there was no objections to doing that. We wanted to 16 discuss it in the closed session context because we are 17 in litigation, so that if you had some questions that 18 perhaps would not vest out in the public prior to the 19 conclusion of the litigation because we could discuss it 20 in this format. 21 Understand, everything that we say here today is 22 being transcribed by the court reporter and it will 23 become part of the public record at the end of the 24 litigation. So just keep that in the back of our mind. 25 We may be tipping some strategy but it won't b a tip of MONROE COUNTY COURT REPORTERS (305) 852-7344 5 1 strategy ahead of the trial. It will just become public 2 record at the end of the trial. Having said that, you 3 know, raise the question, we have some mapping rrors 4 that our expert, our staff, has conceded our errors in 5 deposition and we just want to make sure that we are on 6 -- that the Board is okay with the county going forward 7 and doing that at trial as opposed to going finding 8 another expert who might support making no changes, 9 spending the money to do that and then we are going to 10 end up in a -- having inconsistent positions. 11 MAYOR DI GENNARO: What is the quantity of errors 12 that we have or you think we have; what are we talking 13 about? 14 MR. SCHILLINGER: The number that was bandied 15 about Monday about the 147 mapping errors, this is a 16 different set of errors. There is some overlap but 17 there is not -- it's not uniformity. They are rot all 18 the same errors. I don't have a specific numbei for 19 you. Probably -- 20 MAYOR DI GENNARO: Ballpark. 21 MR. SCHILLINGER: Several dozen, three or four 22 dozen. 23 MAYOR DI GENNARO: Mainly pertaining to r ads? 24 MR. SCHILLINGER: That's a large issue. Some of 25 it is respect to land that is already wet -- it s MONROE COUNTY COURT REPORTERS (305) 852-7344 I ,,,► 1 already governed by some wetland regulations but it met 2 the criteria for a Tier III because of the nature of the 3 subdivision had already been built out. County staff 4 had mapped it as a Tier III because it met the criteria, 5 figuring that the wetland regulations that are imposed 6 in other provisions of state law and the code and 7 federal regulations would provide some measure of 8 protection for those lots anyway. So it's really -- 9 whether that lot can be built on or not is goinc to be 10 governed by something different. But it met th 11 criteria in Tier III. That's why it was logically 12 mapped that way. And staff -- the objectors raised some r 13 objections to that because, Well you are not protecting 14 the wetlands. 15 Another example would be land where it's not going 16 to get any more building on it because of the density 17 requirements for the lots involved. So whether it's 18 Tier I or Tier III, it's going to be -- there is going 19 to be no more development. There is those types of 20 mapping errors that we are talking about here. 21 MAYOR DI GENNARO: Commissioner Neugent. 22 COMMISSIONER NEUGENT: Bob, from a little 23 historical standpoint and where we were and where we 24 are, and it's my understanding that staff was very close CW 25 to a settlement agreement among some of these MONROE COUNTY COURT REPORTERS (305) 852-7344 7 1 argumentative points that are taking place; is that 2 correct? 3 MR. SCHILLINGER: Yes. We brought a settlement 4 agreement back to the commission back in November. 5 COMMISSIONER NEUGENT: Some of the points ithin 6 that settlement agreement proposed by staff gave some 7 commissioners a little bit of heartburn or something. 8 MR. SCHILLINGER: Yes. 9 COMMISSIONER NEUGENT: But I think it's unfair to 10 the taxpayers if we are that close to a settlement 11 agreement and what the sticking points are, can't we get 12 those out of the way from the standpoint of giving staff rr 13 and others based upon our comments that were made at 14 previous closed session meetings and county commission 15 meetings to come to some kind of agreement and 16 conclusion to this situation? 17 MR. SCHILLINGER: Yes. But that's a qualified 18 yes. It requires obviously three parties to that 19 agreement since there is three parties in the lawsuit; 20 the petitioners, the county and the state. As ou know, 21 the DCA secretary took a very active role in en ouraging 22 the county commission to reject the settlement 23 agreement. That's public knowledge. 24 COMMISSIONER NEUGENT: Right. We are still not 25 putting up any money for the lawsuit. MONROE COUNTY COURT REPORTERS (305) 852-7344 s 1 MR. SCHILLINGER: Right. Counsel for the 2 objectors has basically told me he's not going to waste 3 any more of his time negotiating with the state or a 4 settlement while Thaddeus Cohen is secretary of DCA. So 5 we are in a transition period. After a new DCA 6 secretary is named maybe the department will take a 7 position that is a little different. But at this point 8 we don't have a willing partner. My last conversation 9 with Richard Grosso, the attorney for the petitioners, 10 they are not willing to talk about settlement because 11 they felt they were burned by Mr. Cohen the last time. 12 I'm using that -- I'm paraphrasing. He didn't use those err 13 terms. 14 So we are kind of at a stalemate on the settlement 15 until we find out what direction the department may take 16 after the first of the year if there is a change. 17 MAYOR DI GENNARO: Okay. As far as what we are 18 discussing today, what you are saying is the parcel, the 19 property that we are discussing right now, basically we 20 should go along with and avoid other litigation going 21 forward and -- 22 MR. SCHILLINGER: We can spend a whole lot of 23 money changing our course and trying to defend the maps 24 as they exist but it would be pointless, in our 25 judgment, to do that. I want to make sure the oard is MONROE COUNTY COURT REPORTERS (305) 852-7344 I 1 aware of that. 2 MAYOR DI GENNARO: Your advice to us is? 3 MR. SCHILLINGER: Is to allow staff and le al 4 staff to make appropriate concessions where necessary. 5 MAYOR DI GENNARO: Sounds logical to me. 6 MR. SCHILLINGER: Tom, you had some discussions. 7 MR. WILLI: For the record Tom Willi, County 8 Administrator. We are talking about mapping errors and 9 not differences in opinion to the criteria on the 10 property. 11 MR. SCHILLINGER: That is correct. There is some 12 mapping errors. During Drew's deposition it cane out, 13 in his opinion, that was mapping error. Understand when 14 you do a zoning overlay something this complex humans -- 15 there is going to be errors. There is no perfect 16 system. We recognize that in our ordinance by having an 17 administrative process to change perceived errors over 18 time. This will just accelerate that process. 19 One other item. We have a hearing set for the 20 beginning of February. We have the transition going on 21 at DCA. So when we come back into open session I'm 22 going to ask again to have a closed session scheduled at 23 some point in January, as the place holder, just in case 24 we need to have further discussions prior to g ing to 25 trial. So when we ask that, there is nothing newf I'm MONROE COUNTY COURT REPORTERS (305) 852-7344 10 6W 1 just giving you the heads up I'm going to be doi 2 that it is merely for a place holder. 3 MAYOR DI GENNARO: That's fine. 4 MR. SCHILLINGER: Okay. Anymore questions 5 right then, that will end the closed session anc 6 go and reconvene in a public meeting at 9:00. 7 MAYOR DI GENNARO: Thank you very much. 8 MR. SCHILLINGER: Thank you. 9 (Closed Session concluded at 8:52 a.m.) 10 11 12 ,r 13 14 15 16 17 18 19 20 21 22 23 24 25 that, MONROE COUNTY COURT REPORTERS (305) 852-7344 CERTIFICATE I, KATHLEEN A. FEGERS, Florida Professi Reporter and Registered Professional Reporter, do certify that I was authorized to and did stenographically report the foregoing proceedings and that the transcript is a true record. Dated December 2A* 2006. 4 MONROE COUNTY COURT REPORTERS (305) 852-7344 I MONROE COUNTY BOARD OF COUNTY COMMISSIONERS EXECUTIVE SESSION Florida Keys Citizens Coalition and Last Stand vs. Department of Community Affairs and Monroe Cou ty DOAH 06-2449GM APPEARANCES: MAYOR MARIO DIGENNARO COMMISSIONER CHARLES "SONNY" MCCOY COMMISSIONER DIXIE SEPHAR COMMISSIONER GEORGE NEUGENT COMMISSIONER SYLVIA MURPHY THOMAS WILLI, COUNTY ADMINISTRATOR d SUZANNE HUTTON, ESQ., COUNTY ATTORNEY ROBERT SHILLINGER, ESQ., CHIEF ASSISTANT COUNTY ATT The Harvey Government Center 1200 Truman Avenue Key West, Florida Y, Thursday, January 18, 2007 11:10 a.m. - 11:30 a.m. MONROE COUNTY COURT REPORTERS (305) 852-7344 2 1 (Closed Session.) 2 MR. SHILLINGER: Is the mayor declaring the open 3 session closed? 4 MAYOR DIGENNARO: I'm declaring the open session 5 closed. 6 MR. SHILLINGER: For the record we're here in the 7 case of Florida Keys Citizens Coalition and Last Stand 8 versus Department of Community Affairs and Monroe 9 County. It's DOAH case 06-2449. Present we have the 10 five County Commissioners who are all present. 11 Commissioner McCoy, Commissioner Sephar, 12 Mayor DiGennaro, Commissioner Neugent, 13 Commissioner Murphy, the court reporter, the co my 14 administrator, the county attorney, and myself 15 Bob Shillinger. 16 Again, we can only discuss strategy relating to 17 litigation expenditures or settlement negotiations. 18 The reason we called this one -- we're set to go to 19 trial in two weeks. We've had a couple of closed 20 sessions, and you've given us direction to go to 21 trial -- you know, if you can come up with a 22 reasonable settlement in the interim that's fire, but 23 don't give up that trial date. 24 We're prepared to go to trail in two week-:, and 25 we're ready. We had discussion with staff. D ew and MONROE COUNTY COURT REPORTERS (305) 852-7344 3 1 I had talked earlier this week about formulating a 2 counterproposal on settlement that basically had the 3 things that we were very comfortable with, took out 4 the items that caused discomfort to the county 5 commissioners when you rejected the settlement 6 agreement back in November. 7 The thought was that if you were comfortable with 8 the terms of that that we could then suggest that as g an alternative, and at least it would be one la t 10 olive branch to attempt to settle this without joing 11 to trial. 12 I have a proposed document here I can hand out 13 that would have that. Do you want to even consider 14 that, or do you want to just say the heck with it, 15 we've been down this road, let's go to trial? 16 MAYOR DIGENNARO: What's your feeling on 'f we 17 come up with this proposal to the proposing side, will 18 it be successful or knit -picked? lg MR. SHILLINGER: It probably won't be accepted as 20 drafted. They may have some counter -language which 21 would require us bringing you back to a closed session 22 or at least to an open session to consider it. But it 23 may work. Basically what we've done is we've taken 24 out all the language we thought was objectionable. 25 So, the stuff in here that we thought was the - MONROE COUNTY COURT REPORTERS (305) 852-7344 4 W 1 COMMISSIONER NEUGENT: Objectionable to the 2 commission? 3 MR. SHILLINGER: The commission. The last time 4 there was considerable heartburn about the adding spa 5 areas for less than one acre if they were deter fined 6 by the county biologist to be -- having secondary 7 impacts that threaten endangered species. We took 8 that section out. 9 We took out the section that would put additional 10 lots that are -- the AICUCZ stuff. It's already under 11 protection of the AICUCZ. It can't be developed, so 12 we weren't going to change the tier designation jW 13 because of that. 14 COMMISSIONER SEPHAR: Excuse me. Are you 15 saying that you now took that out and it means that 16 AICUCZ is in that tier, that they recommend it 17 MR. SHILLINGER: No. What it would say i -- it 18 took out all reference to the AICUCZ. In the Drior 19 settlement agreement they wanted language that said 20 that we would have -- we'd add an additional L.D.R., 21 provision of an L.D.R., which would allow additional 22 lots or areas may be designated special protection 23 areas to discourage further development in thE AICUCZ 24 areas. They were going to make the AICUCZ spas. 25 We've just taken that position out, and e'll MONROE COUNTY COURT REPORTERS (305) 852-7344 5 1 deal with the AICUCZ as they deal with the AICU Z. 2 COMMISSIONER SEPHAR: Thank you. 3 MR. SHILLINGER: We modified the language where 4 they were going to do a -- they wanted us to do an 5 annual review using the best data available. Just 6 have a complete continuous open-door ability to 7 challenge anything that was done. 8 We took out the language making it annual, and we 9 said we would use the best data available and we would 10 do it as part of the amendments, the periodic - it's 11 every seven years. That would give the time to have 12 the system work a little bit before you go back and 13 try to tweak with it. We took out -- 14 MAYOR DIGENNARO: Commissioner Sephar. 15 COMMISSIONER SEPHAR: Wasn't that also what 16 D.C.A. requested? 17 MR. SHILLINGER: They had concerns with the 18 continuous points of entry. The prior D.C.A. 19 secretary had problems with the potential for 20 continuous points of entry to challenge the system. 21 They wanted some finality. We took that part out. 22 We took out the part that the -- as far as the 23 amendments that we have already sent up -- the 24 changes -- because obviously we've already sen up the 25 amendments without this stuff, and then we eli inated MONROE COUNTY COURT REPORTERS (305) 852-7344 I W 1 from the list of agreed changes a laundry list of ones .2 that we weren't comfortable with. We're proposing 3 fewer agreed changes in the maps. 4 So, that's the sum and substance. Is there any 5 interest in pursuing this type of settlement? 6 MAYOR DIGENNARO: Are we going to them, or are 7 they coming to us? 8 MR. SHILLINGER: This would be us just saying 9 here, here's one last change at attempted settlement. 10 Here's the settlement agreement that I think the 11 county commission would sign off on. 12 MAYOR DIGENNARO: Your opinion on the caSE is 13 that if we do go to court we will win? 14 MR. SHILLINGER: My read of the case -- a d more 15 importantly than mine because we have an outside 16 counsel on this -- David Jordan -- who was the deputy 17 general counsel for D.C.A. for 20 years who's one 18 tons of these cases. 19 MAYOR DIGENNARO: How many times have we been 20 sued by this group? 21 MR. SHILLINGER: About a dozen. 22 MAYOR DIGENNARO: How many times have we went to 23 court? 24 MR. SHILLINGER: Well, this is DOAH court. We've r 25 probably gone about eight to ten times. MONROE COUNTY COURT REPORTERS (305) 852-7344 7 rr 1 MAYOR DIGENNARO: How many times have we lost? 2 MR. SHILLINGER: We've had some -- prior to my 3 time with the county there have been some outcomes -- 4 we've lost a couple of times in front of DOAH where we 5 had to come back and amend some of our rules. lie 6 haven't been 100 percent successful against this 7 group, but we have had general success. 8 MAYOR DIGENNARO: Eighty percent? 9 MR. SHILLINGER: I would be comfortable with that 10 number. It's an estimate. 11 COMMISSIONER MURPHY: The underlining is the new 12 language? 13 MR. SHILLINGER: The underlined -- basically what NW 14 I took -- just so you understand the word processing 15 of this -- is I took the old settlement agreement and 16 just deleted the things we didn't want, so the 17 underlined is proposed additional text language that 18 was in the original agreement that we rejected and we 19 just took out language. So, there is additional 20 language in here. 21 If you see additional language that would be the 22 additions to the existing ordinance that is being 23 referred to. If you look at paragraph 2(a) we have 24 text in 9.5256 subparagraph b, subparagraph A -- you r 25 know, and we'd be adding the words meets and ounds MONROE COUNTY COURT REPORTERS (305) 852-7344 I rr 1 survey by the county surveyor. So, that would be 2 additional language. 3 COMMISSIONER MURPHY: What did you take ou ? 4 MR. SHILLINGER: We didn't take anything out of 5 that paragraph. What we took out was the following 6 paragraph in the original settlement agreement 7 which -- 8 MS. HUTTON: Which was not in the ordinance that 9 we approved. 10 MR. SHILLINGER: Right. They had wanted to put 11 in additional language into our ordinances through the 12 settlement agreement, and that language that followed fir► 13 was additional spas of less than one acre tropical 14 hardwood hammock or pinelands may be designatec as spa 15 area if determined by the county biologist that 16 development in such areas or lots would increase 17 additional secondary impacts on threats of endangered 18 species due to the proximity to a tier one area. 19 MAYOR DIGENNARO: Commissioner Sephar. 20 COMMISSIONER SEPHAR: I move that we stay with 21 the original ordinance that we approved originally. 22 MAYOR DIGENNARO: Do I have a second. 23 MR. SHILLINGER: You can't take motions here. 24 We're just doing discussion at this point. 25 COMMISSIONER SEPHAR: That's what I recommend MONROE COUNTY COURT REPORTERS (305) 852-7344 W 1 that we do. 2 MAYOR DIGENNARO: I kind of feel strongly bout 3 this. Basically I think the public should know 4 whether we win or lose, and I think it's something 5 that we've been fighting for years and -- you know 6 what, we shouldn't be pushed around like this. 7 COMMISSIONER MCCOY: Then there's no actioa to be 8 taken. We don't need to go to open session. 9 MR. SHILLINGER: We do need to go to open session 10 to go to the next item, but not on this. Is there any 11 further discussion? Any questions? 12 COMMISSIONER MCCOY: I cancelled all my bw 13 appointments for this morning. 14 MR. SHILLINGER: Okay, well, we'll get you out. 15 MS. HUTTON: We'll be done. 16 COMMISSIONER SEPHAR: I've got appointments. 17 Let's move on. lg MR. SHILLINGER: Any there any other questions 19 before we -- 20 COMMISSIONER MURPHY: No, if three of them agree. 21 MR. SHILLINGER: All right. Then we'll bring 22 this closed session to a close. 23 MAYOR DIGENNARO: Okay. I close the session. 24 (Time noted: 11:30 a.m.) „r 25 MONROE COUNTY COURT REPORTERS (305) 852-7344 �W' , I CERTIFICATE I, BARBARA J. PRINDLE, Registered Professional Reporter, do hereby certify that I was authorized toland did stenographically report the foregoing proceedings, and that the transcript is a true record. Dated this day of , 2007. J,IPtINDLE, RP MONROE COUNTY COURT REPORTERS (305) 852-7344 I 1 MEETING OF THE 2 MONROE COUNTY BOARD OF COUNTY COMMISSIO ERS 3 ATTORNEY -CLIENT CLOSED SESSION 4 RE: FLORIDA KEYS CITIZENS COALITION & LAST STAND v. 5 DCA and MONROE COUNTY, DOAH 06-2449 6 HELD AT THE 7 COMMISSION CHAMBERS 8 2798 OVERSEAS HIGHWAY 9 MARATHON, FLORIDA 33050 10 SEPTEMBER 19, 2007 11 2:42 P 0 5 M. 12 13 COMMISSIONERS PRESENT: 14 COMMISSIONER CHARLES "SONNY" MCCOY 15 MAYOR PRO TEM DIXIE M. SPEHAR 16 MAYOR MARIO DiGENNARO 17 COMMISSIONER SYLVIA J. MURPHY 18 ALSO PRESENT: 19 SUZANNE HUTTON, ESQ., COUNTY ATTORNEY 20 ROBERT B. SHILLINGER, ESQ., CHIEF ASSISTANT COUNTY ATTORNEY 21 TOM WILLI, COUNTY ADMINISTRATOR 22 23 ALL KEYS REPORTING 24 Olde Towne Centre 600 Whitehead Street 9701 Overseas Highway Suite 206, 2nd Floor 25 Marathon, Florida Key West, Florida 305-289-1201 305-29 -2601 All Keys Reporting - Court Reporters - (305) 289-1201 Locations in Key Largo, Marathon & Key West IJ 1 MS. HUTTON: If the Mayor will call the session to . 2 order, I'll just read just a little bit. 3 MAYOR DIGENNARO: Call the closed session to order. 4 MS. HUTTON: Okay. For the record, this meeting is 5 being called upon my request as the county attorney. I 6 announced at a prior public hearing, on September loth, 7 2007, that I needed advice regarding the pending lawsuit, 8 Florida Keys Citizens Coalition and Last Stand versus DCA 9 and Monroe County, DOAH-062449. At that meeting the 10 board approved holding today's closed session, and public 11 notice was given at the September 10th special meeting 12 and publication of the agenda for the September 19th, 13 2007, BOCC regular meeting. 14 For the record, and benefit of the court reporter, 15 each of us will state our name and position starting 16 with the commission. Start with Commissioner McCoy. 17 COMMISSIONER MCCOY: What would you like me to 18 state? 19 MS. HUTTON: I would like you to state your position 20 and your name. 21 COMMISSIONER MCCOY: My name is Charles McCoy. 22 COMMISSIONER SPEHAR: Dixie Spehar, County 23 Commissioner, District one. 24 MAYOR DIGENNARO: Mayor Mario DiGennar . 25 COMMISSIONER NUGENT: County Commissioner George All Keys Reporting - Court Reporters - (305) 289-1201 Locations in Key Largo, Marathon & Key West 3 1 Nugent, District Two. 2 COMMISSIONER MURPHY: County Commissioner Sylvia 3 Murphy, District Five. 4 MR. SHILLINGER: Bob Shillinger, County Attorney's 5 Office. 6 MS. HUTTON: Suzanne Hutton, County At orney's 7 Office. 8 MR. WILLI: Tom Willi, County Administrator. 9 MS. HUTTON: Fine. Just as a reminder, we're going 10 to be discussing settlement negotiations and strategy 11 relating to litigation expenditures. You can't take any 12 decisive action during this meeting. We will only 13 provide information and you'll provide direction to the 14 attorneys. Any decisions that you might make would have 15 to be brought before the board in an open session. 16 MAYOR DIGENNARO: Suzanne, are we on the air here? 17 MS. HUTTON: No. We shouldn't be. 18 MAYOR DIGENNARO: I see us here. 19 MS. HUTTON: I understand that continues on, but 20 there -- it's done internally. 21 MR. SHILLINGER: Rhonda, out. 22 COMMISSIONER MURPHY: Let's hope theycan't lip 23 read. 24 COMMISSIONER SPEHAR: Put your hand Over your mouth. r 25 MS. HUTTON: Okay. I'm going to turn this over to All Keys Reporting - Court Reporters - (305) 289-1201 Locations in Key Largo, Marathon & Key West rd 1 Bob. 2 MR. SHILLINGER: We set this as a place holder, 3 about a week and a half ago because we were engaged in 4 settlement negotiations on the tier challenge. The 5 commission had directed staff to try to negotiate a 6 settlement, on this matter. Unfortunately, we don't have 7 a settlement agreement to propose to you. I just wanted 8 to give you an update and to see if there was any change 9 in direction from the commission. 10 We had gone to Tallahassee. We had met in good 11 faith and negotiated. We had proposed making concessions 12 on several dozen pieces of property. The response we got 13 back from the environmental challengers was well, that's 14 fine, but we want several, several more. Plus we want 15 to -- they -- they made no concessions, essentially. We 16 responded to them that we didn't think that that was a 17 serious enough response to our's. So they came back with 18 a slightly modified response. But, at this point, we 19 don't have anything that's going to be rec - to 20 recommend to you that we would even be able to recommend 21 for a settlement. I just wanted to give yoi that status, 22 and to let you know that the DCA secretary aill issue his 23 final order anytime within the next three, Dr four days, 24 maybe as late as early of next week. 25 It was the judgment of David Jordan, our counsel, we All Keys Reporting - Court Reporters - (305) 289-1201 Locations in Key Largo, Marathon & Key West 5 1 retained, Drew Trivette, myself, that the worst case 2 scenario, what would come out of the DCA secretary, the 3 final order where he would say, go back to the drawing 4 board. Come up with a different size criteria, was no 5 better, no worse than what the settlement proposal we 6 were getting from the other side. In fact, that -- the 7 worst case scenario out of the DCA secretary's order was 8 probably better than what we were being offered as a 9 settlement. So, having said that, there was really 10 nothing to report unless you tell us to go tack and 11 settle at all costs. We're going to let thE DCA 12 secretary at least take the next step. And we can still 13 return to the bargaining table, once we know how that 14 order comes out because there's 30 days to take an 15 appeal. And if either side takes an appeal we can 16 always negotiate during that appeal. 17 MAYOR DIGENNARO: You feel that Last Stand didn't 18 negotiate the settlement negotiations in good faith? 19 MR. SHILLINGER: That was our judgment yes. 20 MAYOR DIGENNARO: That's your judgment So -- 21 MR. SHILLINGER: Well, one of the item -- the key 22 item that they really wanted to go down to, or one of the 23 key items was the size criteria. And that's the big 24 issue that we lost on. We won on many issu s, but the 25 big issues that we lost on were the size criteria for the All Keys Reporting - Court Reporters - (305) 289-1201 Locations in Key Largo, Marathon & Key West 5i 1 tier parcels. The issue was four acres for tier one as a 2 minimum size. One acre for the SPAS. They wanted us to 3 go down to start looking at patches that were as small as 4 .37 acres. Now, just to give you a little -- 5 COMMISSIONER MURPHY: For what, tier one? 6 MR. SHILLINGER: Everything. Tier one, yeah. 7 Anything -- 8 COMMISSIONER MURPHY: Say that again. 9 MR. SHILLINGER: They wanted us to reduce the tier 10 minimum size criteria. Which they said the size doesn't 11 justify any size criteria. But one that they would 12 propose and suggest was .37 acres. Just to give you some 13 context on a postage stamp size lot, that we have in many 14 of the residential developments down in the Keys, that's 15 about three residential lots, 55 by 100 lots. Some of 16 the larger lots, you know, you can have a residential 17 lot that's about that. So, in our judgment, that was no 18 real better than an HEI, we were a lot by lot analysis. 19 They backed off of that a little bit and said, we 20 would like you to look at that as the starting point, but 21 come up with some additional criteria beyond that. And 22 we may get to that, but as such a small starting point, 23 basically, vitiated the whole point of the tier system 24 which was to get -- group large parcels and come up with 25 general categorizes; build here, don't buil here. It's All Keys Reporting - Court Reporters - (305) 289-1201 Locations in Key Largo, Marathon & Key West 1 going to be more of a patchwork. And it was going to 2 require us to start over again. And that's -- that's why 3 we came to the same conclusion that that's the worst 4 that's going to happen, if the DCA secretary holds up the 5 ALJ's order. 6 MAYOR DIGENNARO: Commissioner Nugent. 7 COMMISSIONER NUGENT: Bob, correct me if I'm wrong 8 but let me add some context to this. If this was before 9 the county commission, and as I remember it, the proposal 10 by planning staff, at one point in time, and also an 11 acceptance by this BOCC, was for two acre parcels to be 12 protected, and for only U.S. 1 to be the interrupter 13 road. 14 MR. SHILLINGER: At one point, I believe that was 15 what the proposal was. 16 COMMISSIONER NUGENT: So -- and the point that I'm 17 making here is that to some degree we picked this fight 18 and here we find ourselves, again, in the middle because 19 we weren't compromising at the very beginni g when we 20 should have been sitting around the table. And I 21 remember distinctly, us, thumbing our noses at the group. 22 And we find ourselves here today, in a laws it, and a 23 dispute over this, costing thousands of dollars in tax 24 payer money, and in an argument. And I couldn't agree 25 more on -- on the .37 acres as being B.S. I mean, that's All Keys Reporting - Court Reporters - (305) 289-1201 Locations in Key Largo, Marathon & Key West 8 1 less than a lot size. And as you point out, we would 2 wind up an AGI, lot by lot situation. But -- 3 And -- and are you saying that the secretary, Mr. 4 Palham, is going to make a final decision on this? 5 MR. SHILLINGER: Yes. That's the way the process 6 works. He takes the ALJ's order, the administrative law 7 judge's order, that was issued back in the end of June, 8 the recommended order, and it goes to him tc make the 9 final decision. We filed -- both sides filed exceptions. 10 We think we were right and the LJ was wrong on these 11 points. 12 COMMISSIONER NUGENT: By allowing it to go back to 13 the secretary, do we improve our position ir the future, 14 from the standpoint, look, Mr. Secretary, you're the one 15 that designated this situation and we're doing what we're 16 being forced to do by you coming to a settlement 17 agreement, de facto. 18 MR. SHILLINGER: Or by administrative fee. 19 COMMISSIONER NUGENT: Right. 20 MR. SHILLINGER: Are you asking me if - I think I 21 understand your question correctly, but correct me if I'm 22 wrong. That if we get sued for a taking on somebody 23 who's in a tier one lot, that would not have been a tier 24 one lot under the ordinance, as adopted by the county 25 commission, so it was a larger -- it was in this gray All Keys Reporting - Court Reporters - (305) 289-1201 Locations in Key Largo, Marathon & Key West 9 1 area between the .47 -- or the . -- the four acres and 2 .37, or smaller than the four acres? 3 COMMISSIONER NUGENT: Right. 4 MR. SHILLINGER: And the secretary had, and the 5 state takes the position, maybe they legislated this 6 issue. They have the right to do that since we're an 7 area of critical state concern, through a separate 8 proceeding. But if they legislate that, no, your lot 9 size criteria, your tier criteria, is going to be 10 smaller. So they -- if it's -- if we have a smaller rule 11 because of the state, you can believe me that our first 12 defense, when we get sued in a taking because of that is, 13 don't blame us. 14 COMMISSIONER NUGENT: Well, it might not take us out 15 of the crosshairs, but it would put them in the 16 crosshairs also. 17 MR. SHILLINGER: Yes. It would put them more firmly 18 in the crosshairs than they may be now. 19 COMMISSIONER MURPHY: You're quoting right now four 20 acres. You just said two acres. And I thought the last 21 thing that had come up was what George said, the 22 two acres and U.S. 1 is the divider? 23 MR. SHILLINGER: That was early in the -- in the 24 legislative process, when the board was discussing what 25 the size criteria were going to be, at one point, as I All Keys Reporting - Court Reporters - (305) 289-1201 Locations in Key Largo, Marathon & Key West 10 1 recall, and please correct me if I'm wrong, that the 2 proposed size criteria was two acres. 3 COMMISSIONER NUGENT: That's what we had. 4 COMMISSIONER MURPHY: Yeah. 5 MR. SHILLINGER: And we made a legislative decision, 6 later on, to go to four acres. Which is what our Comp 7 Plan says. Our Comp Plan says, four acres for tier one. 8 SPA, S-P-A tier, you know, that was one acre. 9 MAYOR DIGENNARO: So, Bob, basically,you're looking 10 for a consensus. 11 MR. SHILLINGER: I just want to make sure that there 12 is no change in direction. 13 MAYOR DIGENNARO: There has been no success in 14 settlement negotiations, they haven't bough -- 15 everything is the same. So you're looking for a 16 consensus from us on which way to go. 17 COMMISSIONER NUGENT: My suggestion is to let the 18 DCA secretary make the decision. 19 MAYOR DIGENNARO: Yes. I agree also. But the DCA 20 also can be appealed; correct? 21 MR. SHILLINGER: Yes. And we would be back before 22 you before we took it. We might actually have to file a 23 notice of appeal, just to preserve a time deadline, but 24 we would come back and seek formal authorization from 25 you. All Keys Reporting - Court Reporters - (305) 289-1201 Locations in Key Largo, Marathon & Key West 11 1 COMMISSIONER MURPHY: Right. 2 MAYOR DIGENNARO: You've seen enough here -- 3 MR. SHILLINGER: I have. 4 MAYOR DIGENNARO: Okay. 5 COMMISSIONER MURPHY: Bob, are you sure that, in 6 this, and I don't know in what year the Comp Plan was 7 amended, for this tier. But are you sure t e four acres 8 didn't come first? One of the big arguments was, when 9 four acres ever mentioned, was that it was way too large. 10 We wouldn't be able to preserve enough, two acres came 11 second. 12 MR. SHILLINGER: I think the Comp Plan came first. 13 And that has four acres. Now, maybe I'm -- this is -- T 14 the tier system has a long tortured history. 15 COMMISSIONER MURPHY: And the Comp Plan has four 16 acres. 17 MR. SHILLINGER: Right. 18 COMMISSIONER MURPHY: That was the Comp Plan 19 amendment. It's not the original Comp Plan. It's a Comp 20 Plan amendment. 21 MR. SHILLINGER: Well, it's not part of the original 22 Comp Plan at all, the tier system. 23 COMMISSIONER MURPHY: Right, because it wasn't 24 there then. So it did begin with four acres -- 25 MR. SHILLINGER: That's -- the Comp Plan All Keys Reporting - Court Reporters - (305) 289-1201 Locations in Key Largo, Marathon & Key West 12 1 COMMISSIONER MURPHY: -- down to two. 2 MR. SHILLINGER: -- and then the LDRs, which is what 3 these are to implement, that's where we had some language 4 fights as well. I could be wrong on that. I'm not 5 guaranteeing that, but that's my recollection of it. 6 COMMISSIONER MURPHY: But now they want it down to a 7 .37? 8 MR. SHILLINGER: Yes. g COMMISSIONER NUGENT: That's unacceptable. 10 MAYOR DIGENNARO: Okay. So then we car. -- we have 11 given you a consensus. We can -- 12 MS. HUTTON: Okay. We need to terminate this closed 13 session, reconvene -- 14 MAYOR DIGENNARO: I open -- 15 MS. HUTTON: -- the public hearing just long enough 16 to get the clerks in here to close the session again. 17 MAYOR DIGENNARO: I'm closing this clo ed session 18 and we're re -opening the public hearing. Aid you have to 19 call in somebody? 20 MS. HUTTON: Just that you're reconvening the public 21 session. 22 MAYOR DIGENNARO: Okay. I'm reconvening the public 23 session. 24 (The closed session was concluded at 2:55 p.m.) 25 All Keys Reporting - Court Reporters - (305) 289-1201 Locations in Key Largo, Marathon & Key West 13 1 CERTIFICATE 2 STATE OF FLORIDA, 3 COUNTY OF MONROE 4 I, Patricia A. Zischka, certify that I was authorized to and did stenographically report the 5 foregoing proceedings and the transcript is a true record. 6 Dated this 25th day of ;,.,,September, 200 7 Patricia A. Zischka 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 r 25 All Keys Reporting - Court Reporters - (305) 289-1201 Locations in Key Largo, Marathon & Key West