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F. Engineering BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 6-20-07 Division: Engineering Bulk Item: Yes No X Department: Engineering Staff Contact PersonlPhone #:David S. Koppel, 292-4426 AGENDA ITEM WORDING: Discussion and consideration of bid to sell the Hickory House property. ITEM BACKGROUND: At the April 18, 2007 BOCC meeting, approval was given to go out for bid to sell the Hickory House property. The bid opening date was June 5, 2007, with one respondent. The respondent, King's Pointe Marina, bid $3.1 million, and will provide public waterfront access, boat launch facility, bait shop, and affordable housing. PREVIOUS RELEVANT BOCC ACTION: In 2006, the BOCC purchased the Hickory House to provide waterfront access for the public. However, due to recent budget issues and permitting difficulties, it was decided to try to recoup the cost of the purchase and at the same time preserve waterfront access. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval to accept bid. TOTAL COST: $3.1 million revenue BUDGETED: Yes No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty _ OMBIPurchasing _ Risk Management _ DOCUMENTA TION: Included Not Required_ DISPOSITION: AGENDA ITEM # Revised 11/06 Engineering Division The Historic Gato Cigar Factory 1100 Simonton Street, Suite 2-216 Key West, Florida 33040 305-292-4426 department 305-295-4321 fax koppel-dave(iV monroecounty- fl.gov ~ ~ -----' .-.. --.r- \e. ('.-.......-- BOARD OF COUNTY COMMISSIONERS Mayor Mario Di Gennaro, District 4 Mayor Pro Tern Dixie M. Spehar, District 1 George Neugent, District 2 Charles "Sonny" McCoy, District 3 Sylvia J. Murphy, District S O,Yv~y ~o~~~E (305) 294.4641 G~ \~i~Ij)'" '.t~: ~~; ~'~~' / MEMORANDUM To: The Monroe County Board of County Commissioners From: David S. Koppel, PE ~ Division Director, Engineering O'! Date: June 5, 2007 Subject: Bid to sell the Hickory House property The Hickory House property was purchased in 2006 with the intent of providing waterfront access to the public. However, in consideration of the County's current budget situation and the potential difficulties in further developing the property, it was decided to sell and recoup the price paid by the County, while still preserving access. Therefore, at the April 18, 2007 BOCC meeting, approval was given to go out to bid to sell the Hickory House property, which the County purchased in 2006. The bids were opened Tuesday, June 5, 2007, with one respondent: King's Pointe Marina, with a bid amount of $3,100,000. King's Pointe Marina's proposal for purchase involves integrating the Hickory House property with the existing King's Pointe Marina property immediately to the west. The existing facility will provide access to the boat ramp and bathrooms. The new facility will include a location for boat sales, marine engine repair, fuel sales, boat and tackle shop, boat rentals, a ship's store that will provide sale of items relating to boats and water usage and include public restrooms, a snack shop selling food related to the use of boats and the enjoyment of the waterfront. An expansion of the existing docks at the Hickory House property is also planned, providing an additional 18 wet slips. Parking will also be provided, as per County standards. In addition, King's Pointe Marina LLC owns 5 ROGO exempt affordable housing allocations that they propose to transfer to the Hickory House site and to integrate into the proposed marina-related commercial space, as second story units. The units will be one and two bedroom units, meeting the size and income restrictions of the Monroe County code, and will be deed restricted for that use. County staff recommends approval of the King's Pointe Marina bid to purchase. - I .. a: o LL. 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C1') -'- CI) 0 > o S:Q)-- Q) ~8~5x "0 -.s::.e "0 ca-O Q) ..c co co ~'io :2;::~a..LL Bid - Purchase of Hickory House Property Bidder Name: King's Pointe Marina LLC (KPM) Bidder Address: 1115 Marbella Drive Tampa, Florida 33610 Bidder Telephone: 813 663 0401 813 663 0403 fax Bidder Contact: Mr. Everett Atwell, Managing Director General Information 1. List Partners or Members: The members of KPM LLC are Everett Atwell, Derek Parker, Tim Koenig, Jae Heinberg and Ralph Sanchez 2. List of Directors and Officers of KPM LLC: Everett Atwell and Derek Parker 3. Operations of KPM LLC: KPM has been an operating entity for two years since its acquisition of King's Pointe Marina in June 2004. Since that time KPM has successfully operated the King Pointe Marina including dry boat storage, managed wet slips for the owners of the slips and maintained the ancillary facilities including bait and tackle shop and marine sales and service spaces for lessees. KPM also owns Fiesta Key marina a 77- slip marina at Fiesta Key Resort, which has managed for the last one and half years. KPM recently acquired Conch Harbor Marina in the City of Key West, which it now operates as a full service marina with fuel sales. The principals ofKPM are also the principals of Coral Hammock LLC, which has developed a resort vacation resort including two employee residential units and is now developing three other properties in the Florida Keys 4. Operations History: Since its inception three years ago KPM has operated only as KPM and under no other names. 5.Five Year History - Failure to Perform Similar Services: The response to the County's question five of section B, General Information is: No 6.Customer references: a. Mr. Dale Bittner Branch Banking and Trust Company 1010 Kennedy Drive Key West, Florida 33040 (305) 292 3842 b. Mr. John Sanchez Blaylock Oil Company 754 South Flagler Avenue Homestead, Florida 33030 (305) 247 7249 7. Credit References a. Mr. Dale Bittner Branch Banking and Trust Company 1010 Kennedy Drive Key West, Florida 33040 (305) 2923842 b. Mr. John Favret Vice President Wachovia Bank 100 South Ashley Drive Tampa, Florida 33602 (813) 276 6632 8. Relevant Experience King' s Pointe Marina is a full service marina located at the southern tip of stock Island with 158 dry storage slips, 96 wet slips, 4800 square foot restaurant, 9400 square feet of marina related commercial use including engine repair, boat sales, charter boat rentals and boat maintenance. KPM has managed the marina for three years improving occupancy and the physical appearance of the marina and its facilities and has received County approval for the redevelopment of the marina into a mixed-use marina and residential project with continued public access to its facilities. The current list of services provided at the marina is: 1. Wet Slip Rentals 2. Dry Storage Rentals 3. Mini Storage Unit Rentals 4. Fuel Sales - Gas and Diesel 5. Tackle Shop / Convenience Store Sales 6. Boat Launch Ramp 7. Forklift Services 8. Outboard Motor Sales/Service 9. Small Boat Sales 10. General Marine Mechanic Services 11. Restaurant 12. Condominium Management (Residential, Marina Slips and Dry Storage Condominiums) 13. On Site Security Service 14. Wi-Fi Internet Service 15. Vessel Wastewater Pump Out Service 16. Bath House 17. Laundry Facility 18. Special Events Services KPM principals also own and operate Fiesta Key Marina a 77-slip facility serving the users of Fiesta Key Resort RV Park. This marina is also a full service marina with fuel sales and boat rentals as well as bait and tackle shop. KPM principals have owned and operated Fiesta Key for two years. KPM principals also own Conch Harbor which as the following services . * Vessel accommodations to 185 ft, 100 amp, 3phase * Annual, montWy and transient dockage available * Shower and laundry facilities * Cable TV and telephone hookups * Pump out facilities * Bait and fishing supplies * Charter dive, fishing, and sailing excursion vessels available * Monty's Raw Bar * Real time weather system * Beer, sodas, ice and snacks * Low and high sulfur diesel * 89-octane gasoline * Valvtect Marine Fuels * "T" Head fuel dock located just inside entrance to Key West Bight * Fuel dock draft 12 ft. * High-speed diesel delivery pump * Swimming Pool In addition to the three marinas described above the principals ofKPM have constructed or have approvals for a number of resort projects in the Florida Keys and along Florida's West Coast. These are: Coral Hammock Recalling the romantic charm of old Key West, Coral Hammock is named with the intention of reestablishing the dwindling native hammock vegetation, characterized by hardwood trees and rich humus soil, found throughout the Keys. This resort community of 12 custom single-family homes and 43 town homes can be enjoyed year-round. Custom details, vaulted ceilings, Conch style porches, traditional metal roofs, picket fences and tropical colors create truly inspiring designs for these 2 and 3 bedroom residences. A gated entry, lush landscaped grounds and walking paths coalesce to create an elegant ambience and the utmost in privacy - all combined with maintenance free living. The lavish clubhouse and magnificent three-lobe pool invite you to soak up the Florida Keys' renowned sunrays and sea breeze. With extensive plantings of these hardwood hammocks such as buttonwoods and paradise trees, this resort is a botanical oasis to rejuvenate the tired spirit. For the avid adventurer, you will also find yourself minutes away from championship golf, world class fishing, coral reef diving and the excitement of old town. Blue Meridian - Luxury Resort Living Between sky and sea, the bay and the beach, the energy of city life is balanced by the relaxed elegance of island living. This is Blue Meridian. Fourteen luxurious levels above Rocky Pointe Island inspired by the Mediterranean in both name and contemporary architecture -a paradise in the middle of it all. It is where America's finest beaches meet the bustling business and cultural life of one of its most vibrant cities, opposing points of a maritime compass placing this luxury condominium in the center, minutes from unparalleled golf, shopping, arts and more. Live, work and play-something new is rising on Old Tampa Bay. In partnership with High Point Development, Cortex Resort Living is proud to offer the new standard in elegant living across three acres on legendary Rocky Point Island, embracing sophisticated, open floor plans, awash in natural light and the most luxurious amenities imaginable. Reserved, covered parking leads to high speed elevators and 108 residences ranging in size from 1,500 square feet to more than 4,300 square feet. Accommodations incorporate retail establishments, guest parking, and a business center, accounting for what will become the region's most talked-about residence, offering the finest features, services and amenities. Harbor House Sporting Luxury and Convenience For centuries, seafarers from across the globe have found port in the friendly waters of Key West Harbor. From pirates to presidents-steamships to shrimpers, after long journeys at sea it was this course that showed the way home. Now, this legendary waterfront, both lively and quaint-will have its own house to call home. Harbor House will spring to life along Lazy Way with 32 exclusive residences appointed in classic Key West style and detailing. With no less than 2,000 square feet each, the homes feature three bedrooms (master and junior master suites), front and back porches and from nearly all floor plans, views of either Old Town or the lush, Harbor House pool amenity. Each residence enjoys two and a half stories, capped off with a turret design reminiscent of classic widow's walks, where a wet bar calls for nightly views of the famed Key West sunset. Corner homes are designed with a Queen Ann element, featuring a fully enclosed room and harbor views. Planned on nearly two acres-the last parcel of developable land in Old Town-Harbor House overlooks the legendary harbor in one direction and, in the other, is a mere two blocks from bustling Duval Street. The project is designed by long- time Key West architect Peter Pike, who specializes in renovating historic island homes. "I went around the neighborhood and eclectically gathered parts and components of existing historical buildings and brought them together in a collage," says Pike. "And respecting the social concept of Key West, we kept parking remote from the structures, encouraging residents to participate in the walking and bicycling that is indigenous to the island." Playa Cristal Step aboard and set sail to the south, where the pages of time turn back to the richness and splendor of Havana at its height. Hemingway's Cuba. A balance of masculine life spent outdoors and the romance of Latin culture on the beach. This exotic, forbidden fantasy comes to life at landfall on the legendary isle of Key Largo and Playa Cristal, a residential resort featuring the exclusiveness of private living, and the lush amenities of resort life. From the moment you pass through the historic arched entrance on U.S. 1, the eye is drawn to the Gulfs shimmering horizon beyond Portales, a series of portals that choreograph your emotions and frame the legacy of these 12 tropical acres: the crystal white sands of the most picturesque beach in the Florida Keys and, by extension, the world. Along nearly 800 feet of beachfront a series of balustrades create comfortable amphitheatres that guide you to the beach by day and beckon you to sit at night. For here, The Sun Also Sets, each evening, in a dramatic bow unequaled in splendor. Our hub of activity is La Floridita, a lavish pool reminiscent of the historic clubs of Havana, with a restaurant and bars just steps away from an infinity-edged pool wrapped by twin staircases--a grand entrance to the beach. Every aquatic whim is at your fingertips in this fishing, boating and diving paradise, minutes from the first undersea park in history, John Pennekamp, home to the only living coral reef in the continental United States. Seafarers find a welcome port at the end of our wood-planked dock, where twenty slips stand ready to moor your personal boat or yacht. This luxury life is limited to less than 100 fully furnished units, distinguished by five identities: Quinta Bungalow or Suite-Tucked into the thick preserve of a natural Florida hammock, the ultimate in secluded living. Casa Fuentes-A neighborhood of cottages centered on gardens and water features as an expression of the beach. Marquesa- The height of community living, organized about a traditional Cuban courtyard that transforms into a tidal pool. Casa Grande-The Big House, reminiscent of grand Havana architecture. Opulent and rich of detail with stunning sunset views from every balcony. Casa Aqua-Beach cottages where your front yard is Playa Crista! and the Bay of Florida. Each unit at Playa Cristal is built to the exacting standards of Cortex Communities, with unsurpassed attention to detail and state of the art appointments expected of luxury lifestyle living. In its Golden Age, Cuba was known as the Pearl of the Antilles. Nearly a century later, Hemingway's Cuba is alive again on the Pearl of Key Largo. Playa Cristal Angler's Reef Islamorada Your island home, located in the heart of the Keys, mid-way between Key West and Miami, this private, gated community offers exclusive intimacy. Residents can stroll quaint streets and walking paths through lush, native landscape. More than 500 feet of Caribbean beachfront frame a garden plaza and spectacular infinity pool area, located just steps away from 36 protected deep-water boat docks. The community is limited to just fifty-two single family homes showcasing spectacular ocean views, each crafted in the style of Native Conch and the British West Indies, adorned with tin roofs and gingerbread trim - the look and feel of a cozy, Caribbean fishing port. With so many activities and destinations, Islamorada and the Keys are synonymous with island leisure, recreation and incomparable beauty. Three miles to the south is famed Alligator Reef, and just north of Islamorada, lies the only living coral barrier reef in the Continental U. S., teeming with the world's most sought-after game fish, an area nobly touted as "The Sport Fishing Capital of the World." Events vary from national boating and fishing events to cozy book readings and local theatre - you will discover world-renowned seafood, cool island music, and warm friendly faces as you brows the nearby art galleries and shops. Angler's Club Historic Boca Grande Tucked away in a quiet, deep-water cove beside one of Florida's best-preserved barrier islands, Angler's Club is the perfect place to call home. With the Gulf of Mexico on one side and a natural hardwood hammock on the other, you're just minutes away from world-renowned fishing and championship golf, white sandy beaches, and wilderness walks. Just across the bridge from Angler's Club lie Gasparilla Island and the historic, well-heeled village of Boca Grande where you can dine and shop. This private, gated community features 32 luxury waterfront town homes and 18 stand- alone residences, plus one 6,000-sq.ft. eclectic signature home. The look is Key West "Conch" clapboard facades in traditional tropical shades, gables and shutters, gingerbread trim, tin roofs, expansive porches, and white picket fences. Every town home has its own deep-water dock and for everyone to enjoy, there's a 1,000-foot-long boat dock walking promenade, a clubhouse reminiscent of old Florida fishing camps, and a lagoon-style pool with cabanas, all set against a backdrop of lush tropical flora and fauna. A Mecca for sport fishermen, the surrounding waters teem with many varieties of saltwater game fish, including snook, redfish, grouper, 9. Project References a. Mr. Dale Bittner Branch Banking and Trust Company 1010 Kennedy Drive Key West, Florida 33040 (305) 292 3842 Mr. Bittner's bank provided the financing for King's Pointe marina and for the Coral Hammock residential project. The financing for both projects were successfully completed and both projects have been either completed or are under construction. The financing for Coral Hammock was complete in 2003 and that for King's Pointe complete in 2005. b. Mr. John Favret Vice President Wachovia Bank 100 South Ashley Drive Tampa, Florida 33602 (813) 2766632 Mr. Favret's bank provided financing for the Playa Cristal and Angler's Reef projects. The financing was successful and Playa Cristal is under construction and Angler's reef will receive its first certificate of occupancy in mid June 2007. 10.Litigation Answers to questions posed by the County as item E of Bid proposal related to bidders experience with litigation. a. item a : No b. item b : No c. item c : No d. item d : No 11. County Required Forms - attached 12.0ther Attachments 1. Conceptual site plan for Hickory House Redevelopment 2. Approved development order for King's Pointe Marina - Planning Commission Resolution P21-07 PROPOSAL FORM The Purchase price is: $3.1 Million Dollars ($3, 100,000.00) The Commitment to the non-purchase price conditions shall be met hereunder as follows: A. Public Access On-site X Off-site X Describe the extent of the access and how and where it will be provided: The proposal is centered on the incorporation into the King's Pointe marina immediately to the west. Please see the attached initial conceptual plan for the integration of the two sites .The public will have the opportunity for public access at both sites. First the King's Pointe Marina will allow the public to access its boat ramp as required by the County development order approving the King's Pointe marina. (Attached). As required by the request for bid, King's Pointe marina is described as lots 1,23 and adjacent bay bottom, square 60, part lots 1,2,3 and adjacent bay bottom, square 61 part Maloney Avenue vacated and filled bay bottom adjacent to Maloney Avenue, and part adjacent parcel; unit j-4, j-6, j-11, j-12 and 5/52% common elements Oceanside east dry storage condominium, Stock Island, Monroe County, Florida having real estate numbers 00127420.000601 through 00127420.000675, 00127440.000100 through 00127440.002500,00127420.000000,00127420.000100 and 00127430.000101 through 00127430.000211, at approximate mile marker 5, whose street address is 5950 Peninsular Avenue, Key West, Florida 33040. The development order provides that the public will have access to the boat ramp and the charter boats using the ramp and marina from one hour before sunrise to one hour after sunset. In addition the public will have access to the bathrooms serving the boat ramp. At the facility to replace the Hickory House there will be approximately 15000 square feet of commercial space for marina and waterfront related businesses to serve the public and the users of King's Pointe marina. The uses expected at the new facility will be boat sales, marine engine repair, fuel sales, bait and tackle shop, boat rentals, ship's store providing sale of items related to boats and water usage, snack shop selling food related to use of boats and the enjoyment of the waterfront. In addition there is planned an expansion of the existing docks at the Hickory House to provide an additional 18 wet slips. Finally parking will be provided to County standards for the uses on site. For the purposes of identifying the cost other than the bid price required by the RFB, the waterfront/marina services provide by the lessees and at the bait and tackle shop, including the fuel sales will be at prevailing retail sales prices. Two components of the public access requirement are boat-launching fees and fees for sewage holding tank pump-out. The following fees are proposed with an annual adjustment using the South Florida Consumer Price Index, adjusted for Monroe County, not including the cost for housing: Boat launch fee $20.00 Sewage holding tank pump-out fee $25.00 B.~ Describe the type of facility and how and where it will be provided: The ships' store component as described above will provide bait and tackle, fuel sales, boat rentals, food and provisions and items related to the use of the boats and waters of the marina and this site. Bathrooms for the public using this site will also be provided. The building providing these services will be placed immediately adjacent to the shore and is programmed at approximately 2500 - 4500 sq. ft. in size. The store will have operational hours consistent with this type of use - from before sunrise to after sunset consistent with the public's operation of boats on the water. C. WorkForce Housing: Describe the type of structure(s) and how and where it (they) will be provided: The principals of King's Pointe Marina LLC, the bidder own the right to five (5) Rate of Growth Ordinance (RaGa) exempt affordable housing allocations derived from the approved and constructed Coral Hammock development on Stock Island which by that County approved development order may be transferred to any appropriate location in the Lower Keys Planning area as affordable housing units as defined by County Land Development Regulations. The proposal is to transfer these RaGa exempt to the Hickory House site and to integrate them as second story units into the proposed marina related commercial space as second story units. The units will one and two bedroom units, which meet the size and income restrictions of Monroe County code, and will be deed restricted for that use. ACKNOWLEDGEMENT: I acknowledge receipt of Addenda No. (s) -.J- I have included page 23 through 26 of the Proposal which entails the Proposal Form ~ the Non-Collusion Affidavit V- and the Lobbying and Conflict of Interest Clause ~ and the Drug Free Workplace Form ~ In addition, I have included all requirements as stated in Section One, Article 1.04 Paragraphs A and B. (Check mark items above, as a reminder that they are included.) Mailing Address: t \ \ 5'" tv\a.rb~ \1\ ---:Pl~ J)ri" Q., ~PFtI F~rlda 3 ID Telephone:B)3.~3. CYfD l Fax:b13.bb3.Dtfo3 ~-l-CA- Signed: ~~ tt \ 1.\. /. c" Vt~d 1.'1..y 11) i f' p ,;{'cry- (Title)' ~'JI' l~ "~ Karen D. Werner ~~ :;j Con,mwssion '# D0531904 '4f,ff:il~_ expires July 1, 2010 '" Bondod TIQ1 Filii ""'-e.IM ~701i My Commission Expires 1-1 - Jt) SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY. FLORIDA ETI!'S~fe &~U1 . Kl~' ~Ar\~ LlL warrants that he/it has not employed, retained or otherwise had act on hislits 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 contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. Date: to -1 -DT STATE OF _FIDRlDtt COUNlY OF MD'f\.rb a- PERSONALLY APPEARED BEFORE ME, the undersigned authority, ~~u-d-t ~ l who, after first being sworn by me, affixed hislher signature (name of individual signing) in the space provided above on this I a:l::' day of Ju~ ,20.ca:: NOTARY PUBLIC / / My commission expires: + - t -tD OMB - MCP FORM #4 "~I' ~~ Karen D. Werner ::~ "~C " 0 ~~ j*: ommtSSlOn # 0531904 ':fJ~'A1,'~~ Expires July 1, 2010 17." Clondta T"'l' Fain '-.Ine 800-385-7019 NON-COLLUSION AFFIDAVIT I. EutXt +\- AtuJel \ of the city of according to law on my oath, and under penalty of perjwy, depose I=_~~~ J1~ of the firm ~f ') ']1' M f1i\rB, LLG \ ( the Biddc< miling the I'roposaI fur the project do=ibed w.the Notice fur Calting fur bids fur. ~urcl1a~ rf \-\"~r~ DUSt- fID~ and that I executed the said proposal with full authority t do so; 1. the prices in this bid have been arrived at independently without collusion, consultation. commwtication or agreement for the pwpose of restricting competition, as to any matter relating to such prices with any other Bidder or with any competitor, unless otheIWise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to bid opening, directly or indirectly, to any other Bidder or to any competitor; and no attempt has been made or will be made b the Bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition: 5. the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. /7 AC~ ~ofBiddc<) l STATE OF; BDR..IDPt COUNTY OF: ~nrDL to - rD 1 (Date) PERSONALLY APPEARED BEFORE ME, the undersigned authority, fV~ Ah DL/ { who, after fi~iIJg sworn by me, (II31l}e of individual signing) affixed hislher signature in the space provided above on this Il:K:" day of ...J L1 t\L 201:i1::: //-~tc~~ U'LJaJ ~NO PUBUc '-_ My Commission Expires: 1- - t - {D DIt l~ Karen D. Werner \iJ l;j c~.. . 'D0531904 '~~~ ~~ Juty 1, 2010 ....F_ --.,.... ~9 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: -~~ ~\ntt, Miln'f)Cl} LLC-.. I (Name of Business) \. I. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug- free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged ill providing the commodities or contractual services that are under bid a copy of the statement specified in subsection ( I). 4. In the statement specified in subsection (I), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the tenns of the statement and will notifY the employer of any conviction ot: or plea of guilty or 11010 contendere to, any violation of Chapter 893 (FIQrida Statutes) or of any controlled substance law oftbe United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation ofthis section As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. STATE OF F\Dr\da. COUNTY OF ~nro~ (p - l-D1- Date PERSONALL Y APPEARED BEFORE ME, the undersigned authority, GQX'& Mod l who, after first being sworn by me. (name of individuaJ signing) affixed@/her signature in the space provided above on this ~dayof ......\UnL ,200f-. My commission expires: \~11J'J, "~i~%-' Karen 0 la, . :....1 'f~ . rverner ~\. ." !~: CO"!miSSion # 00531904 ~fi:~~ ExpIres July 1 2010 ,It. 8onde<H F. . ..,. ... '-.... Inc 8O().J85.70'~ 1 . d ~c XbI.:l 1.3r~3Sl::J1 dH WdLS:21 L002 80 h~W AC.!J.BD... CERTIFICATE OF LIABILITY INSURANCE I DATE (MIIIOOIYY} 6/4/2007 PRODUCER Acordia THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 3225 Aviation Avenue Suite 400 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. Coconut Grove FL 33133 (305) 443-4886 INSURERS AFFORDING COVERAGE INSURED INSURER "'- Northern Assurance Co Of America Kingspointe Marina, LLC. INSURER B; Great American Ins CO INSURER C; Bridgefield Employers Insurance Company 5950 Peninsula Avenue INSURER 0; Citizens Property Insurance Co Key West; FL 33040 INSURER E: Fidelity National Insurance Co COVERAGES THE POliCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLlCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONOmONS OF SUCH POLICIES. AGGREGATE UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~~ TYPE OF INSURANCE POLICY NUMBER POUCY~ POUCY~ UMITS DATE MMI PATE IIMID GENERAL LIABIUTY EACH OCCURRENCE $ 1,000,00 f-- 100,00 X COMMERCIAl. GENERAl lIABILITY FIRE DAMAGE (Any one fire) $ I CLAIMS MADE 0 OCCUR MEa EX? (Any one p.non) $ 5,00 A N5JH22561 6/23/2006 6/23/2007 PERSONAl & ADV INJURY $ 1,000,00 X Marina Liab GENERAl AGGREGATE $ 2,000,00 ~LAGG~n w~ APnSPER PRODUCTS. CQUPIOP AGO $ 1,000,00 POlICY ~g: LOC ~'fOM08ILE UABlUTY COMBINED SINGLE LIMIT $ ANY AUTO (Ea acddenl) ~ ALL OWNED AUTOS BODILY INJURY f-- $ SCHEDULED AUTOS (Per person) f-- I--- HIRED AUTOS BODILY INJURY (Per~) $ f-- NON..QWNED AUTOS PROPERTY DAMAGE $ (Per accident) =fGE UAmUTY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ EXCESS UABlUTY EACH OCCURRENCE $ l,OOO,OOl o OCCUR 0 CLAIMS MADE AGGREGATE $ 1,000, Oat B OMH583-28-04 6/23/2006 6/23/2007 $ f;j DEDUCTiBLE $ X RETENTION $ 10,000 $ WORKERS COMPENSA TlOH ANP X r T"Oli-?'r~WS I IO~. EMPLOYERS' UABlUTY E.L EACH ACCIDENT $ 500,00( C 83032799 11/1/2006 11/1/2007 E.L DISEASE - EA EMPlOYEE $ 500,OO( E.L DISEASE - POLICY LIMIT $ 500,OO( OTHER SEE ATTACHED D Wind Coverage - Citizens 1390524 6/28/2006 6/28/2007 COVERAGE BREAKOUT DeSCRIPTION OF OPERATlONSIlOCATIONSIVEHICL.ESIEXClUSlONS ADDEO BY ENDORSEMENTISPEClAL PROVISIONS See Supplementallnfonnation Page(s) CERTIFICATE HOLDER I I ADDITlONAl.INSURED; INSURER lETTER: CANCELlATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEllED BEFORE THE EXPIRATION DAl'E THEREOF, THE ISSUING INSURER WILL ENDEAVOR 'TO MAIl ~ DAYS WR/lTEN NOTICE TO THE CERTIFICATE HOLDER NAIlED TO THE lEFT, BUT FAR.URE 'TO 00 so SHALL IMPOSE NO OBUGAT1OH OR UABlUTY OF AHY KINO UPON THE INSURER. ITS AGEN'fS OR REPRESENTA11VE8. AUTHORIZED REPRESENTA l1VE I ...... ._ ...., .1 I rt. t nllAI, '* n n_ __ J::<lttln"t n-~o h.. tl~..... ~ ACORD CORPORATION 1985 PFvl.0.: ACORD 25-5 (7197) <f,~=,._,c;'~'--~m~ Acordia Kingspointe Marina, LLC. ,3225 Aviation Avenue Suite 400 Coconut Grove FL 33133 5950 Peninsula Avenue Key West FL 33040 EfFECTIVE DATE EXPIRATION DATE COIPlAN CODE: AGENCY CUSTOMER 10 , SUB CODE: POLICY NUMBER: :AccoUNT NuUBER:- , OPEKA IIIUN~L~IIiU.N~v]:::nKA.t:~..t..LU~'UI'll::' AUUt::iJ tiT I:PiIIlJU~~t=N II f:)t"t:~L t'"KVVI~a E) Flood Insurance Coverage as per the National Flood Program: 1) Pol. No. 99021060552005 06/23/06 to 06/23/07 $500,000 Bldg. $120(000 Cont. Restaurant 2) Pol. No. 99021060732005 06/23/06 to 06/23/07 $500(000 Bldg. ,$120(000 Cont. Boat Storage 3) Pol. No. 99021060872005 06/23/06 to 06/23/07 $246(400 Bldg. $ 1l( 000 Cant. Bathhouse 4) Pol. No. 99021061062005 06/23/06 to 06/23/07 $157,200 Bldg. $ 55,000 Cont. Tackle Shop 5) Pol. No. 99021061182005 06/23/06 to 06/23/07 $329,000 Bldg. $105(000 Cont. Serv.Shop & Off Marina Operators Legal Liability $1,000(000 Any One Vessel, $1,000,000 Any One Occurrence. $2(500 Ded. Protection & Indemnity $1(000,000 Anyone Occurrence. Scheduled Tools & Equipment: 2001 Wiggins Froklift $186,000 Value Ded. $2,500 1997 Taylor Forklift $144,231 Value Ded. $2(500 _ .<' ..'''''''ii:iIAiTtJ :INi:nDiRlTfOili'pM-,.R~<~'TA;*.hiiI:'iI8'h'1iri':'_.~1)4t~.:;J~:jf]x.t~i#~h"-:e,~~I#ORAiibidti~ IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-5 (7197) PI='v1 n ! ACORD . :'EVrD:E'N'~El(j":,'9D;.. ;PE:a.~jN:o:CiI.b~{NG,I;~~t~Jn~F. DATE (MMroD1YY)7 G~ lJe"tM~~;;*:':J/,.:':, .-::> '-~~~~,~,...__..-,". .. <:~-_~"/:_~ ::':f_~~.,-: - J-,r,_~~:'.i~~~':!~.:L.>:_.' -_.;': ~~~'?tl~:_ - ._~.,- ._~~~ 'i: -_~,-'~~'~~~~i:'(~'~',;,:_':~-::_-_" .: ': 6/4/200 THIS IS EVIDENCE THAT INSURANCE AS IDENTIFIED BELOW HAS BEEN ISSUED, IS IN FORCE, AND CONVEYS ALL THE RIGHTS AND PRIVILEGES AFFORDED UNDER THE POLICY. PRODUCER PH En: (305) 443-4886 COMPANY Wells Fargo Insurance Services Southeast, Inc. Scottsdale Ins Co 3225 Aviation Blvd. Miami CODE: A CUSTOMER to.: INSURED KINGSPOINTE MARINA, LLC. FL 33133 Commercial Property SUB CODE: 5950 PENINSULA AVENUE KEY WEST, FL. 33040 -. ,---- ~oot!!tfE~nQr(K~{f'~~' ;'::-Xt;;......y LOCATlONIDESCRIPTION EFFECTIVE DATE 6/23/2007 POUCY NUMBER CFS0196976 EXPIRATION DATE 6/23/2008 CONTINUED UNTIl TERMlNATEO IF CHECKED LOAN NUMBER THIS REPLAces PRIOR EVIDENCE DATED: " _,' :i~.:~r~r:~~(:~ :./,:~::\~';:;~;.?j;",,~.<,';': ':~i:~~{~)'.J.. ,j;cc~::F' , ~- ~i' - :: <:':'. ,:. ,:- ..'/.~..;t~;~~~. .'~~~~".'~/.).~;~::,~'.': i~\: ,.;.:~'. :~~: .. 5950 PENINSULA AVENUE, KEY WEST, FL. 33040 :.~qt-~11Pli~~~.~~~'.::~~::; ;.... ~:..,~~ihr1;.;<~~~,::;tfJl~~~t~~f.Fi~;.,~,;i~~~~~~ill~~~~.:,','~::~~~~;!~kJ;~f.;~ti:~~~~~';~f:.'}:.~):.~)}~~~."~~~.'~:" :.;:)~',)~'jij::~~~'t~~t\~:: ~'~:'~::'~~~Q;~";:::.'.~ ~!~ Building COVERAGElPERIt.SIFORUS Replacement Special (Including theft) Cost AMOUNT OF INSURANCE DEDUCTIBLE 3,587,000 5,001 Business Personal Property Incl Stock Replacement Special (Including theft) Cost 945,000 5,001 :;~f!.iicl~~B!~m~1iflir,':;i:Y.\f:~~r~t2'~Eg~~:;,ri~;g1~~;~:;;(~~,~?~<:;,,:,'!.~;::~}~~7:;~. ...t-:'Oi:iiBf;:~t~~ See Supplemental Information Page(s) r,:j:m(;;Efc~TiQ~. ..,;.~~~:.,\:.::..~;.:,..., ", ~ ~ ..; T,~t'~(~~~~" ~. .:;:~;'.!g....~~;ti~;\~l~.~"~~'~~;..;~~.~.~~(~~~~];~~~,.\\.".;'~:.\<; 5~;S::~~.;'~:.'}..~;~:jg~1~<'(~';:~~ :..... -" ~._.~ I. .;...:.~., :-' '.: ~. .:. ~.~..~~:.: ~f~: .. -. "~~'. .. THE POLICY IS SUBJECT TO THE PREMIUMS, FORMS. AND RULES IN EFFECT FOR EACH POLICY PERIOD. SHOULD THE POLICY BE TERMINATED, THE COMPANY WILL GIVE THE ADDITIONAL INTEREST IDENTIFIED BELOW 30 DAYS WRITTEN NOTICE, AND WILL SEND NOTIFICATION OF ANY CHANGES TO THE POLICY THAT WOULD AFFECT THAT INTEREST J.N.~c;CORDANCE WITIiTHE POLICY PROVISIONS OR AS REQUI,RED BY Lf\W. . -~iP~~ J~f-~~". ':..'..'\',;,,:0. .'. .:~;...<;:~.~.{~.;;.. ..': .~::'{i:f~\~~~~~~-:~~g<... '~'.:.-/~~~"(2:~?~~~!.;;.t\L;rtfi~t~~~..;:...:~::.~_:.. ~;:<~~~~l\~~~ ~~-:.; :~~,. NAME AND ADDRESS ',' .~ :-,~ . . , MORTGAGEE LOSS PAYEE lOAN it AOOmoNAl. INSURED AUlllORlZED REPRESENTATIVE I ..i...nHn Z1"l.l~'.."'~ ." f\~, ,~.~;tI~. ~..,..,;..,.. '. ,;.. ~ ... ..j..(~:~~'{~~rJ'{~~'~~~:~::.::; , '::'. .:;-i;]l'~~Y\,;:.~~:~~'~}~. ";$:ACdRb:~..j.~ -- ~.... DATE (MM/DDIYY) 6/4/2007 Wells Fargo Insurance Services Southeast, Inc. 3225 Aviation Blvd. KINGSPOINTE MARINA, LLC. Miami FL 33133 ,5950 PENINSULA AVENUE !KEY WEST, FL. 33040 CODE: " ~'--'-~---- AGENCY CUSTOMER ID SUB CODE: i---EFFeCTrvE OATE"TExPmAT.ONOArE COIPLAN ---~! 6/23/2007 ! 6/23/2008 Scottsdale Ins Co --''''JpOUCv NUiaBER:...L CFS 619 6-976''''---'--' r--'--- -'-"~---.._,.... ___M_"'_"___""___'__."._ ) ACCOUNT NUMBER: ~:rMaqCtioo~~t~t;y'::<:, PLEASE SEE SCHEDULE BELOW: ~_?'~d~~~~:~:-~~i?~:;'):~';';'~1 :~~,~~.~~/:.~',,~~~ .;{81~~~~~Z,~; -~~':'~?:~1~~i~::~~t~~V:~, :.r~.::~; :,: ~)~~/_'~' t >~ j -<c~; .~..: .' :".-: >~i~~ f-;~.~" ':. ~;. ~."!"~'.::. J,"...:. ".:'. ~~. '. ;"L:;~?~~+'" ~'. .":}?0)) BUILDING: 1 BOAT STORAGE $1,200,000 BPP $120,000 BPP (INC. RENTAL) $250,000 BUILDING: 2 SERVICE OFFICE & STORAGE $ 380,000 BPP $100,000 BPP (INC. RENTAL) $ 50,000 BUILDING: 3 DOCKMASTER'S OFFICE $ 15,000 BPP $ 5,000 BUILDING: 4 BATH HOUSE $ 100,000 BPP $ 20,000 BUILDING:5 TACKLE SHOP $ 150,000 BPP $ 50,000 BUILDING:6 RESTAURANT $ 850,000 BPP $100,000 BPP (INC. RENTAL) $ 80,000 BUILDING:? OFFICE $ 892,000 ,.~:;;..,,:,~... . ~ , : ~-',.. .t:.~ II- ~. -', : '-"-"";~":>".~'a-~W;~:~;.:;5i!;jfJJ:~;:O:P~RPQfY..ifpN,:i~ =ACILlTIES )R V1ACHINES rYPE OF . 3USINESS 3USINESS \DORESS ~AME "AILING \DDRESS Gl 2005-2006 OCCUPATIONAL TAX SlATE OF FLORiDA ACCOUNT 47142-0060 MON R OE ROOMS SEATS 11-15 MUST BE DISPLAYED IN CONSPICUOUS PLACE E:MPLOYEES EXPIRES SEP T. 30~ 20 ~~E~~~~~~ ~~~A:fEORAO'" NBI.. .OS~ {if ~ /'/ t;: NR {QUE it T A X C OL LEe TOR r ^ 1129~ KEy WEST FL 33041-1129 47142 MAR INAS& STORAGE 5950 PENI,NSULA AVE 00 - CO UN l vot MO:f.fROB OCEANSIDEr-tARI~l\ KINGS' POINTtt:. MAttINA LLe 5950 PE:tU.:jIJ~HJl,A AVE kE Y . WE 51ft 3.3040 PP 8527744 0000000000 0000008000 0000471420060694 1001 1 SUPPLEMENTAL RENEWAL . . .... __~~ NEW TAX ;.y~=~""'!'~ TRANSFER +-.~,..... __..,~ . s;:T--"'""J ~e;"nCJrn ORIGINAL TAA . ~p:~ cO~~" 80 - 1f3'S~ AMOUNT f> ."...!A~q.,~ PENAL TV g_::2:~""''''' COLLECTION COSTg -; TOTAL = ,.,. 80, TfUS IS ONLY A TAX. YOU MUS M5J;T ALL COUNTY AND/OR MUNICIPALITY PL~Nt11NG AND ZONING REQUIREMeNTS. GJ 2005-2006 MONROE ~ILlTlES ~HIN8S ROOMS sEAli$ 'EOI= :;/NESS 4aZ10 RETA;1L q~~e~ 5..9. so P.E.' ."N...........I..N..........S..>u:.4.,....A.:... ...ii:.V....;......:e................ 00 - COlffJ P/UfMlJ'N;FHl'l! o CE AN'SIDF .M,ARN~A K I UGS PQ.t~r;E ~'AfrI~A LL C 59 SO PE:tHN'1;ULAAVE KE YWESrfL 33040 ,/NESS )RESS AE LING JRESS PP 852:$744 OCCUPATIONAL TAX STATE: OF FLORIDA MUST BE DISPLAYED IN CONSPICUOUS PLACE EMPLOYEES ; BECOMES A TAX p~W lSE tt~;H.'E8"cR:l~U E l . TAX CQL LEe TOR EfPTWHENvAUDAmO'Ptf"fiD~ }t~9}}~eY 'WEST f L 33.041-1129 ooooo0omnfttrJ:tJ~~03{J06 'O.t)Q0'4S2100060695 1001 7 ACCOUNT EXPIRES 48210-00606 SEP T. 30; 200, SUPPLEMENl"Atl ~ ~AL ..' '.. . .J.~ NEWTAX ~~,.4o<i==~ T~SF€R~;:'-: ~.: C"'o::: ORIGINAL TJe;{--' ""~~.... c:.:;;"'? 3 0 . ( ~Q= AMotJNT ~ '. .::;;-:;~ PENALlY ~=~ =: COU.ECTION~r- <9 .g TOTAL .~ ::: 30. ( T..U~f$ ONl.YATAX. ytltJ;MUST ~E.)" Ai.l CQ.UNTY AJ4Q/OR M UNICIPAtITY' PLAtfNINGAND lONIN:GRBQlJtReMekT,s:. . Plannine & Environmental Resources Department 2798 Overseas Highway, Suite 410 Marathon, FL 33050 Voice: (305) 289-2500 FAX: (305) 289-2536 County of Monroe Growth Management Division ~~..",., fij~~1J:a1) .... ~'r~ i . ~. ~~ ~-~ We strive to be caring, professional and fair r.=' c'::;~'1?"'fl"~7 P ,")'1 le {~ !r n \\.f; lluf .'..'C.._'C",-.__~__K_-"'f- I ) 1'1 nl MAY 1 4 2007 l.q .::.....!' -'1 ~ O-.~__ - THE CRA;S CDMP;\N~;--~-.' r KEY VV2ST i=t ;-~-~._. ,,-~,~ ---~"'---^-",,- -,..--..........~---..-~'......-~ .~~- -.,- ~1~'11 l--/ · Board of County Commissioners Mayor Mario Di Gennaro, Dist. 4 Mayor Pro Tern Dixie Spehar, Dist. 1 George Neugent, Dist. 2 Charles "Sonny" McCoy, Dist. 3 Sylvia 1. Murphy, Dist. 5 May 11, 2007 Donald Craig The Craig Company P.O. Box 970 Key West, FL 33041 RE: Kings Pointe Marina, LLC, Amendment to a Major Conditional Use Application Dear Mr. Craig: Enclosed is a copy of Planning Commission Resolution P21-07 filed by Kings Pointe Marina, LLC, for an amendment to a major conditional use permit; removing an existing maintenance, sales office & tackle shop (2,870 ff2), bath house (1,232 ff2), warehouse (9,600 ft2), dock master building (660 ff2), and dry boat storage building (30,090 ff2); constructing thirty - two (32) new, attached market rate units for vacation rental use; adding two (2) new boat barns (53,040 ff2), Eight (8) Wet slips, a retail shop/ dock masters office and bait house including shower facilities (2,625 ft2) intended for use by wet slip owners; constructing an outdoor bar addition (735 ft2), flood proof storage (2,160 ft2) under the existing former restaurant building; providing for a gated entrance; providing for conditions; all on property as described herein. The Chair signed the Resolution on May 9, 2007, as a result of the Hearing held on April 11, 2007. This document has also been transmitted to DCA for their review. The Planning Department is required by the Monroe County Code to record all conditional use approvals after the 3O-day appeal period has expired. In your case, the appeal period will end on approximately June 8, 2007. Before the expiration of this period, you must send a check to the Planning Coordinator in the amount of $69.50 payable to Danny L. Kolhage, Clerk of Circuit Court, and mail it to The Planning Coordinator, 2798 Overseas Highway, Suite 410, Marathon, Florida, 33050-2227. The Planning Coordinator will then record the resolution in the Clerk of the Court's office. We do not record the resolution until the 3O-day appeal period is up for the protection of the applicant. If the Resolution was to be recorded immediately upon approval, and an appeal modified the resolution, a new resolution would have to be issued and recorded. The resulting two properly recorded resolutions could complicate and cloud the property title. Please be advised that a building permit must be issued by the Monroe County Building Department prior to commencement of any development or construction. If you have any questions, please do not hesitate to call me at 289-2522. . '. ~. - '"00 ... ~ ~- 'o-..\1~~' ":~~:'.o". - ' ;0;000' J~O~ :.-8a~-f .- '..6i:n Enclosure cc: Kings Pointe, LLC Plannine & Environmental Resources Department 2798 Overseas Highway, Suite 410 Marathon, FL 33050 Voice: (305) 289-2500 FAX; (305) 289-2536 ir!'~':Ll~l~JLlLIE.ln \1 I U! Ii ill III f'l! MAY 14 2007 I.U }l iLj' j"J; . ! , 1 t _ ___4___,_~........,..._______l ; ~-'--THE CRAIG COMPANY i l KEY WEST. eLl "'<-~'--- .------- ..----,~-~.~~~.~'''-~,~.,~~- -~.- -,~p- ~ Board of County Commissioners Mayor Mario Di Gennaro, Dist. 4 Mayor Pro Tern Dixie Spehar, Dist. 1 George Neugent, Dist. 2 Charles "Sonny" McCoy, Dist. 3 Sylvia J. Murphy, Dist. 5 May 11, 2007 Donald Craig The Craig Company P.O. Box 970 Key West, FL 33041 RE: Kings Pointe Marina, LLC, Amendment to a Major Conditional Use Application Dear Mr. Craig: Enclosed is a copy of Planning Commission Resolution P21-07 filed by Kings Pointe Marina, LLC, for an amendment to a major conditional use permit; removing an existing maintenance, sales office & tackle shop (2,870 f12), bath house (1,232 f12), warehouse (9,600 f12), dock master building (660 ft2), and dry boat storage building (30,090 f12); constructing thirty - two (32) new, attached market rate units for vacation rental use; adding two (2) new boat barns (53,040 ft2), Eight (8) Wet slips, a retail shop/ dock masters office and bait house including shower facilities (2,625 ft2) intended for use by wet slip owners; constructing an outdoor bar addition (735 ft2), flood proof storage (2,160 ft2) under the existing former restaurant building; providing for a gated entrance; providing for conditions; all on property as described herein. The Chair signed the Resolution on May 9, 2007, as a result of the Hearing held on April 11 , 2007. This document has also been transmitted to DCA for their review. The Planning Department is required by the Monroe County Code to record all conditional use approvals after the 30-day appeal period has expired. In your case, the appeal period will end on approximately June 8, 2007. Before the expiration of this period, you must send a check to the Planning Coordinator in the amount of $69.50 payable to Danny L. Kolhage, Clerk of Circuit Court, and mail it to The Planning Coordinator, 2798 Overseas Highway, Suite 410, Marathon, Florida, 33050-2227. The Planning Coordinator will then record the resolution in the Clerk of the Court's office. We do not record the resolution until the 30-day appeal period is up for the protection of the applicant. If the Resolution was to be recorded immediately upon approval, and an appeal modified the resolution, a new resolution would have to be issued and recorded. The resulting two properly recorded resolutions could complicate and cloud the property title. Please be advised that a building permit must be issued by the Monroe County Building Department prior to commencement of any development or construction. If you have any questions, please do not hesitate to call me at 289-2522. Sincerely, , A ~~~uL- Nicole Petrick Planning Commission Coordinator Enclosure cc: Kings Pointe, LLC PLANNING COMMISSION RESOLUTION NO. P21-07 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION APPROVING THE REQUEST BY KINGS POlNTE MARINA, LLC, FOR AN AMENDMENT TO A MAJOR CONDITIONAL USE PERMIT; REMOVlNG AN EXISTING MAINTENANCE, SALES OFFICE & TACKLE SHOP (2,870 FT2), BATH HOUSE (l,232 fT2), WAREHOUSE (9,600 FT2), DOCK MASTER BUILDING (660 FT2), AND DRY BOAT STORAGE BUILDING (30,090 FP); CONSTRUCTING THIRTY - TWO (32) NEW, ATTACHED MARKET RATE UNITS FOR V ACA TION RENTAL USE; ADDING TWO (2) NEW BOAT BARNS (53,040 FP), EIGHT (8) WET SLIPS, A RETAIL SHOP/ DOCK MASTERS OFFICE AND BAIT HOUSE INCLUDING SHOWER FACILITIES (2,625 FT2) INTENDED FOR USE BY WET SLIP OWNERS; CONSTRUCTING AN OUTDOOR BAR ADDITION (735 FT2), FLOOD PROOF STORAGE (2,160 FT2) UNDER THE EXISTING FORMER RESTAURANT BUILDING ; PROVIDING FOR A GATED ENTRANCE; PROVIDING FOR CONDITIONS; ALL ON PROPERTY LEGALLY DESCRlBED AS LOTS 1,2, 3 & ADJ BA Y BOTTOM, SQUARE 60; PART LOTS 1,2,3 & ADJ BAY BOTTOM, SQUARE 61 PART MALONEY AVE VACATED & FILLED BA Y BOTTOM ADJACENT TO MALONEY AVE, & PART ADJ PARCEL; UNIT J-4, J-6, J-9, J-11, J-12, & 5/52% COMMON ELEMENTS OCEANSIDE EAST DRY STORAGE CONDOMINIUM, STOCK ISLAND, MONROE COUNTY, FLORIDA HAVING REAL ESTATE NUMBERS 00127420.000601 THROUGH 00127420.000675, 00127440.000100 THROUGH 00]27440.002500, 00127420.000000, 00127420.000100 AND 00127430.000101 THROUGH 00127430.000211, AT APPROXIMATE MILE MARKER 5. WHEREAS, during a regularly scheduled public meeting held on April II, 2007, the Monroe County Planning Commission conducted a review and consideration of the request filed P21-07 Kings Pointe Marina Amendment to a Major Conditional Use Page] of8 by Kings Pointe Marina LLC for an amendment to a major conditional use permit pursuant to Monroe County Code (MCC) 99.5-69; and WHEREAS, the Applicant's predecessor in interest obtained a conditional use permit for this property pursuant to Planning Commission Resolution P52-97 signed August 18, 1999 for the construction of twenty-two (22) attached permanent market rate dwelling units; one (l) swimming pool; a 372 ft2 pool house; a 120 ft2 observation gazebo; a 22,000 ft2 boat storage building; a 435 iP addition to an existing 225 ft2 docK master's office; a 1,670 ft2 addition to an existing tackle shop and a 2,485 ft2 addition to an existing restaurant; and WHEREAS, the Applicant is proposing to amend the Conditional Use in order to REMOVE an existing maintenance, sales office & tackle shop (2,870 fe), bath house (1,232 ft2), warehouse (9,600 ft2), dock master building (660 fi2), and dry boat storage building (30,090 ft2); and CONSTRUCT thirty - two (32) new, attached market rate units for vacation rental use; add two (2) new boat bams (53,040 ft2), Eight (8) Wet slips, a retaiV dock masters office and bait house including shower facilities (2,625 ft2) intended for use by wet slip owners; an outdoor bar addition (735 fY); flood proof a storage area (2,160 fY) under the existing vacant restaurant building, privatize a new operational restaurant and provide a gated entrance; and and WHEREAS, the subject property is located at 5970 Peninsular Avenue, Stock Island; WHEREAS, the above described property is located in the Mixed Use (MU) land use district and has the corresponding Mixed Use/Commercial (MC) future land use map designation; and WHEREAS, the item was heard at a regularly scheduled meeting of the Development Review Committee on March 19,2007; and WHEREAS, the Planning Commission was presented with the folJowing evidence, which by reference is hereby incorporated as part of the record of said hearing: 1) The Application for an Amendment to a Major Conditional Use received by the Monroe County Planning and Environmental Resources Department, including the plans and surveys listed in attachment A; 2) The staff report prepared by Julianne Thomas, Planner dated April 2, 2007, with attachments, said attachments including a Chapter 380 Agreement bet\'lleen Overseas Redevelopment Company, Monroe County and the Florida Department of Community Affairs, and a Memorandum dated March] 0, 2007, to Andrew Trivette, Acting Director of Growth Management from the County Attorney; 3) The sworn testimony of the Growth Management Division Staff; 4) The sworn testimony of the Applicant and Applicant's witnesses; 5) Sworn testimony by the public; 6) Exhibits provided by the Applicant; and P21-07 Kings Pointe Marina Amendment to a Major Conditional Use Page 2 of8 'VHEREAS, the Planning Commission heard argument and explanation from Tim Koenig, attorney for tbe Applicant; and WHEREAS, advice and counsel were provided by Susan Grimsley, Assistant County Attorney and by John Wolfe, Attorney for the Planning Commission; and WHEREAS, MCC ~ 9.5-65 provides the standards which are applicable to all conditional use permits which are as follows: Sec. 9.5-65. Standards applicable to all conditional uses. When considering applications for a conditional use permit, the director of planning and the planning commission shall consider the extent to which: (a) The conditional use is consistent with the purposes, goals, objectives and standards of the plan and this chapter; (b) The conditional use is consistent with the community character of the immediate vicinity of the parcel proposed for development; (c) The design of the proposed development minimizes adverse effects, including visual impacts, or the proposed use on adjacent properties; (d) The proposed use will have an adverse effect on the value of surrounding properties; (e) The adequacy of public facilities and services, including but not limited to roadways, park facilities, police and fire protection, hospital and Medicare services, disaster preparedness program, drainage systems, refuse disposal, water and sewers, judged according to standards from and specifically modified by the public facilities capital improvements adopted in the annual report required by this chapter; (1) The applicant for conditional use approval has the financial and technical capacity to complete the development as proposed and has made adequate legal provision to guarantee the provision and development of any open space and other improvements associated with the proposed development; (g) The development will adversely affect a known archaeological, historical or cultural resource; (h) Public access to public beaches and other waterfront areas is preserved as a part of the proposed development; and (i) The proposed use complies with all additional standards imposed on it by the particular provision of this chapter authorizing such use and by all other applicable requirements of the Monroe County Code. \\'HEREAS, the Planning Commission has determined that the application meets the standards required in MCC ~ 9.5-65by the design submitted and by the assignment of the conditions of this resolution; and WHEREAS, the Staff report recommends that any new development on the Kings Pointe site incorporate appropriate noise reduction and protection methods. WHEREAS, after consideration of the testimony and evidence presented, the Planning Commission makes the following fmdings of Fact and Conclusions of Law: P21-07 Kings Pointe Marina Amendment 10 a Major Conditional Use Page 3 ofB l. The 32 ROGO units, including development rights, may be transferred according to the terms of the 380 Agreement from Overseas Redevelopment Company; LLC to the Kings Pointe project according to the terms of that Agreement, which allows transfer after a building permit is issued for the Affordable Units to be built at Overseas Trailer Park. This transfer will provide compliance for MCC g9.5-120 and g9.5-265. 2. Vacation Rental Use is allowed because it is not specifieally prohibited as it is in other provisions of the MU zoning regulations, it can be regulated as part of this conditional use process, and is therefore allowed pursuant to other terms and conditions as set forth in the MCC governing vacation rentals. This finding brings the project into compliance with MCC 99.5-248. 3. The project is in compliance with Minimum Yards (MCC g9.5-281) as a variance request was approved to reduce the front yard setback from twenty-five (25) feet to twenty (20) feet for 260 feet of the frontage along Peninsular A venue as stated in Planning Commission Resolution P 1 9-07. 4. The project is in compliance with Parking Standards (MCC g9.5-352) because a variance request was approved reducing the nwnber of off-street parking spaces from 322 spaces to 272 spaces and approving this request as stated in Planning Commission Resolution P20-07 . 5. Pursuant to MCC 99.5-354, the property is required to have two (2) 11' x 55' loading and unloading zones. 6. Affordable housing criteria pursuant to MCC 99.5-266 are met by the terms of the 380 Agreement requiring 49 units of Affordable Employee Housing to be built at property commonly known as the Overseas Trailer Park, legally described as Lots 1 -20, Maloney Subdivision, Stock Island, Monroe County, Florida, having Real Estate Numbers: 00125350.000000 and 00125360.000100, according to the terms of the Agreement, over riding any phasing requirements or simultaneous building at any location including Kings Pointe for purposes of this application.. 7. The conditional use does not violate the Interim Development Ordinance concerning working waterfronts because there is no further limitation on use by the public and therefore does not diminish public access nor result in the loss of working waterfront. The restaurant has not been functional for several years, the boat ramp will be accessible by the public, there will be some boat and trailer parking, gating will be done for security after work hours, and repair work may be done on site by mobile repair services. 8. Compliance with the following standards imposed on this conditional use application by the Land Development Regulations pursuant to MCC S9.5-65(i) will be determined by the Building Department upon submittal for a building permit to the Building Department: P2J -07 Kings Pointe Marina Amendment to a Major Conditional Use Page 4 of8 I) Floodplain Management (MCC ~~9.5-316 & 317) ; 2) Outdoor lighting (MCC ~~9.5-391 - 393); 3) Handicap Accessibility (Chapter II, Florida Building Code); 4) Air Installation Compatible Use Zone (AICUZ) Building Requirements required by the AICUZ applicable at he time of the major conditional use application. NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY, FLORIDA; Section J. The request by Kings Pointe Marina LLC for an amendment to a major conditional use permit for the following is APPROVED subject to the conditions in Section 2: 1. Removal of an existing maintenance, sales office & tackle shop (2,870 ft2),bath house (1,232 ft2), warehouse (9,600 ft2), dock master building (660 ft2), and dry boat storage building (30,090 ft2). 2. Construction of thirty - two (32) new, attached market rate units for vacation rental use; addition of two (2) new boat barns (53,040 ft2), Eight (8) Wet slips, a retail shop/ dock masters office and bait house including shower facilities (2,625 ft2) intended for use by wet slip owners; an outdoor bar addition (735 ft2), flood proof storage (2,160 fr2) under the existing restaurant and a gated entrance. Section 2. The Approval is SUBJECT TO THE FOLLOWING CONDITIONS: ] . If the site is gated, the following conditions shall be met: a. The gate shall be open, at a minimum, one (l) hour prior to sunrise and stay open until (J) hour past sunset to provide for public access; b. There shall be a number posted on the outside of the gate providing a number to call if the gate is not open; c. The gate shall comply with all standards and requirements of the Fire Marshal and other public safety interests; 2. Prior to issuance of a building permit, a signed and sealed site plan resolving the following issues is required: d. The site plan shall show the two (2) 11' X 55' loading and unloading spaces for the nonresidential uses; e. The site plan shall conform to the decisions of the Planning Commission with regard to the parking and front yard variances as detennined in P 19-07 and P20-07; f. The following requests of the County's traffic engineer shall be met: to show the design maneuverability through the site and at the project driveway and to show clear site visibility details at the access driveways; P21-07 Kings Pointe Marina Amendment to a Major Conditional Useo Page 5 of8 g. A building permit for dwelling units at the Overseas Trailer Park pursuant to the ORC 380 agreement shall be obtained and provided to the Sr. Director of Planning & Environmental Resources before the issuance of building permits for the residential units may be permitted at Kings Pointe; h. The proposed western access drive and curb cuts shall receive approval from the County Engineer; 1. Compliance by the following agencies and corresponding Sections of Code: 1. County Engineer shall determine compliance with MCC ~ 9.5-293; ]), The Florida Department of Health and the Key West Resort Utility (KWRU) shall determine compliance with ~ 9.5-294; m. Fire Marshal shall determine compliance with ~9.5- 69; J. Boat Storage Buildings are limited to storage of boats; k. The portion of boat barn floor area that does not exceed 50% of the site's net buildable area is not governed by NROGO and shall not be eligible for off site transfer if the boat barn is demolished or removed at a future date unless the floor area meets the criteria of a sender site pursuant to MCC ~9.5-124.3(a)(10)a.; J. The flood plain management standards shall be met; m. The site plan shaH demonstrate that the energy and conservation standards have been met including showing where bicycle racks and scooter spaces will be placed on site; n. The outdoor lighting and applicable AlCUZ standards in effect at the time of the application for major conditional use shall be met. 3. Prior to the issuance of anv e.O., the marina pump out facility shall be upgraded to comply with current standards. 4. The applicant shall provide a water quality monitoring system for the adjacent water body for a period of five (5) years after the completion of the development per MCC ~ 9.5-349. PASSED A]\1) ADOPTED by the Planning Commission of Monroe County, Florida, at a regularly meeting held on the 11 th day of April, 2007. P21.07 Page 6 of8 Kings Pointe Marina Amendment to a Major Conditional Use Signed this 9711 day of P21-07 Kings Pointe Marina Amendment to a Major Conditional Use Chair Cameron Vice Chair Wall Commissioner Cates-Deal Commissioner Popham Commissioner Windle Yes Yes Yes No Absent PLANNING COMMISSION OF MONR~.O.E. C.~NTY'FLORIDA. BY . es D. Cameron, Chair ~CUj , 2007 BY Page 7 of8 Attachment A: PLANS REVIEWED I. Boundary survey by R.E. Reese, dated 2-23-07, revised 3-12-07, received 3-12-07 2. Site plan by WLW/LBR, Sheet S-I, dated 8/21/2006, revised 1-26-07, received 1-31- 07, signed & sealed 1-26-07 3. Townhomes Site plan by WLW/LBR, Sheet S-2, dated 8/2]/2006, revised 1-26-07 received 1-3] -07, signed & sealed 1-26-07 4. Townhomes Site plan by WLW/LBR, Sheet S-3, dated 8/21/2006, revised 1-26-07 received ]-31-07, signed & sealed 1-26-07 5. Building H, Peninsular Townhouses, 16 units, Sheet A-2, Typical Pod Plans, by Peter M. Pike dated] -24-07 6. Building H, Peninsular Townhouses, ] 6 units, Sheet A-3, Partial Elevations, by Peter M. Pike dated] -24-07 7. Building "C" Cove Side South 4 Units, No Sheet Number, by Peter M. Pike dated 1- 24-07 8. Building "C" Cove Side East, 4 Units, No Sheet Number, by Peter M. Pike dated ]- 24-07 9. Building M, Marina Townhouses, 8 units, No Sheet Number, by Peter M. Pike dated ] -24-07 10. Sailfish Club, Ground Foundation Plan, Sheet A-2, by Peter M. Pike dated] -22-07 II. Sailfish Club, Electrical Plan, Sheet E-], by Peter M. Pike dated ] -22-07 12. Barn "A" F]oor Plan, Sheet A-2, by Peter M. Pike dated 10-]4-06 ] 3. Barn "B" Floor Plan, Sheet A-3, by Peter M. Pike dated] 0-14-06 14. Office Floor Plan, Sheet A-4, by Peter M. Pike dated 10-] 4-06 15. Office Floor Plan, Sheet A-5, by Peter M. Pike dated 10-14-06 16. Office Elevation, Sheet A-6, by Peter M. Pike dated 10-] 4-06 ] 7. Elevations, Boat Barn A, Sheet A-7, by Peter M. Pike dated] 0-] 4-06 18. E]evations, Boat Barn B, Sheet A-8, by Peter M. Pike dated 10-14-06 19. Entry Site Plan, Sheet S-4, by WLW/LBR, dated 8/21/2006, revised 1-26-07, received 1-31-07 20. Entry Elevation, Sheet S-5, by WL W /LBR, dated 8/21/2006, revised 1-26-07, received J -31-07 21. Landscape Plan, Sheet L-l, by WL W /LBR, dated 8/21/2006, revised 1-26-07, received 1-3] -07 P21-07 Kings Poinle Marina Amendment to a Major Conditional Use Page 8 of8 ~ ,.. :',:' ...... . : ..- B B B )..'-. . :~. ", ~..~';. , ~.~.~. :;~~ .~: .~,.;..:,:':' .... '" "..... :.'"., .": . ", >.-", ....,.': i;.'i ~/~i ".' '.~'.": .. ~.'.~,:, _. ~~ :.~;~~'~.. -. "..2 ~ ~ .. . 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