02/20/2008 Agreement •
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: March 5, 2008
TO: Suzanne A. Hutton
County Attorney
ATTN: Kathy M. Peters
Executive Assistant
FROM: Isabel C. DeSantis
Deputy Clerk
At the February 20, 2008, Board of County Commissioner's meeting the Board granted
approval and authorized execution of an Agreement for Sale and Purchase between Monroe
County and King Pointe Marina, LLC for the Hickory House property.
Enclosed is a fully executed duplicate original of the above-mentioned for your handling.
Should you have any questions please do not hesitate to contact this office.
cc: Finance
File
Project: Hickory House
Parcel Ideutificatiou Numbers #00126210-000000,
#00126220-000000,#00126230-000000
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made thi~y of 1. Lou"'" , 2008, between MONROE
COUNTY, FLORIDA, a political subdivisio~e of Florida, as " Seller", clo
County Administrator, 1100 Simonton Street, Room 2-205, Key West, Florida 33040,
and King Pointe Marina, LLC, a Florida limited liability company, as "Purchaser ",
whose address is 1115 Marbella Drive, Tampa, Florida, 33619.
In consideration of the mutual promises contained herein, Seller hereby agrees to sell and
Purchaser agrees to buy the real property ("Subject Property") located in Monroe County,
Florida, described below, together with all improvements, easements, rights and
appurtenances, in accordance with the provisions of this Agreement.
1. DESCRIPTION OF PROPERTY. The property which the Seller agrees to sell
and the Purchaser agrees to buy pursuant to the terms of this Agreement is that property
situated on Stock Island, Monroe County, Florida, and more particularly described as:
5948 Peninsular Avenue, Stock Island, Key West, Fl. 33040 aka 5948
Maloney Avenue, Stock Island, Key West, Fl. 33040
The Legal Description is:
Lots 30, 31 and the West 1/2 of Lot 32, in Square 46, according to Maloney's
Subdivision of a part of Stock Island, Monroe County, Florida, as recorded in
Plat Book 1, Page 55, of the Public Records of Monroe County, Florida.
2. TOTAL PURCHASE PRICE. The total purchase price ("Total Purchase Price")
for the Subject Property is THREE MILLION ONE HUNDRED THOUSAND
DOLLARS AND NO/CENTS ($3,100,000.00), which will be paid by Purchaser at
closing. Seller hereby authorizes Purchaser to issue a certified check directly to an escrow
agent who is authorized by law to receive such payment, and who is acceptable to the
parties, and to require the escrow agent to pay Seller's expenses of sale and real estate
taxes. Purchaser shall use five (5) Rate of Growth Ordinance (ROGO) exemptions or
affordable housing allocations as a portion of the consideration for this Agreement and
shall build affordable housing units as set forth in paragraph 9 of this Agreement.
Purchaser shall as a portion of the consideration provide public access to designated areas
of both the Subject Property and the Marina Property, as identified in paragraph 5 below;
public access is more specifically described in paragraph 6 and paragraph 7 of this
Agreement, and Planning Commission Resolutions P20-2007 and Planning Resolution
P21-2007.
Conveyance of the Subj ect Property from Seller to Purchaser by a deed, made pursuant to Fl.
Stat. 125.411, will take place at the closing, in exchange for the payments to be made to
Seller at closing.
3. DUE DILIGENCE PERIOD: Purchaser will, at Purchaser's expense, and within
180 days from Effective Date (the "Due Diligence Period"), determine whether the
Subject Property is suitable, in Purchaser's sole and absolute discretion, for Purchaser's
intended use and development ofthe Subject Property. During the Due Diligence Period,
Purchaser may conduct any tests, analyses, surveys and investigations ("Inspections")
which Purchaser deems necessary to determine to Purchaser's satisfaction regarding the
Subject Property's engineering, architectural, environmental properties; zoning, and other
inspections that Purchaser deems appropriate to determine the suitability of the Subject
Property for the Purchaser's intended use and development. Purchaser shall deliver
written notice to Seller prior to the expiration of the Due Diligence Period of Purchaser's
determination of whether or not the Subject Property is acceptable. Purchaser's failure to
comply with this notice requirement shall constitute acceptance of the Subject Property in
its present "as is" condition. Seller grants to Purchaser, its agents, contractors and
assigns, the right to enter the Subject Property at any reasonable time following
reasonable notice to Seller during the Due Diligence Period for the purposes of
conducting Inspections; provided, however, Purchaser, its agents, contractors and assigns
enter the Subject Property and conduct Inspections at their own risk. Purchaser shall
indemnify and hold Seller harmless from losses, damages, costs, claims and expenses of
any nature, including attorneys' fees at all levies, and from liability to any person arising
from the conduct of any and all inspections or any work authorized by Purchaser.
Purchaser will not engage in any activity that could result in a mechanic's lien being filed
against the Subject Property without Seller's prior written consent. In the event this
transaction does not close, (1) Purchaser shall repair all damages to the Subject Property
resulting form the inspections and return the Subject Property to the condition it was in
prior to conduct of the Inspections, and (2) shall, at Purchaser's expense release to Seller
all reports and other work generation as a result of the Inspections. Should Buyer deliver
timely notice that the Subject Property is not acceptable, Seller agrees that the Agreement
shall be immediately terminated thereby releasing Purchaser and Seller from all further
obligations.
4. ENVIRONMENTAL SITE ASSESSMENT. Seller purchased the Subject
Property in November, 2006, and obtained at that time an update to an existing Report of
Environmental Site Assessment: Phase I. Seller shall, within 10 days of execution of this
agreement by both parties, provide to Purchaser a copy of the existing Report of
Environmental Site Assessment: Phase I, a copy of the Environmental Affidavit dated
November 28, 2006, received by Seller when Seller acquired property, and a copy of the
Authorization to Rely Upon Environmental Assessment dated November 20, 2006
Purchaser may, at its own expense, obtain an environmental assessment prior to the
closing date. Since the purchase, the Subject Property has been closed pending proposed
development as a park, and the Seller has provided periodic inspections to insure that no
significant damage has been rendered to the property, and has made no improvements to
the property.
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a) Review Of Survev And Environmental Site Assessment Report. Purchaser
shall review the Report of Environmental Site Assessment: Phase 1, the Environmental
Affidavit dated November 28, 2006, and the Authorization to Rely Upon Environmental
Assessment dated November 20, 2006 provided by the Seller under this Agreement. In
the event Purchaser objects to any of the conditions shown on the existing survey, as
referred to in paragraph 10 below, the title insurance, policy referred to in paragraph I I
below, the Report of Environmental Site Assessment: Phase I, the Environmental
Affidavit dated November 28, 2006, and the Authorization to Rely Upon Environmental
Assessment dated November 20, 2006, Purchaser shall provide written notice to Seller of
any objections 20 days prior to closing. In the event Purchaser fails to provide written
notice during said period, Purchaser agrees that the conditions shown on the existing title
policy and survey shall be acceptable and only new conditions not shown on said title
documents would be considered title defects subject to the provisions of the Agreement.
Additionally, in the event, Purchaser fails to provide written notice during the above-
described period of time that Purchaser is obtaining a new site assessment, Purchaser
agrees that the Report of Environmental Site Assessment: Phase 1, the Environmental
Affidavit dated November 28, 2006, and the Authorization to Rely Upon Environmental
Assessment dated November 20,2006 shall be acceptable.
5. LEGAL DESCRIPTION OF MARINA PROPERTY.
The Marina Property, known as King Pointe Marina, and is generally described in
Planning Commission Resolution No. P20-07 and Planning Commission Resolution
No. P21-07, which are attached hereto and made a part hereof as COMPOSITE
EXHIBIT A.
6. PUBLIC ACCESS/PUBLIC AREAS. Purchaser agrees that from the date of
closing members of the general public shall have public access to certain areas
described in this Agreement and its attachments of the Subject Property and of the
Marina Property for a period of fifty (50) years. Purchaser agrees that the general
public will not be charged a fee nor will the general public be required to make a
purchase of any kind for ingress or egress to the areas of public access of either the
Subject Property or the Marina Property. In order to provide for public access to the
general public to both properties the Purchaser agrees to provide any and all documents,
including easements, deed restrictions or other documents, necessary to accomplish
public access to the Marina Property and the Subject Property. Purchaser further agrees to
record those documents at the time of closing in the chain of title to the Marina Property
and",* the Subject Property whichever is applicable.
a) Marina Propertv. Public access to the Marina Property shall be provided
as set forth in Planning Commission Resolution No. P20-07 and Planning Commission
Resolution No. P2l-07 (which are attached as Composite Exhibit A to this Agreement)
and as described in this Agreement. In addition, Marina Access specifically includes
access to the boat ramp on the Marina Property, from one hour before sunrise to one
hour after sunset at a cost as set out in paragraph 7.
b) Subiect Propertv. Access to the Subject Property is restricted to
reasonable business hours and specifically includes access to the water, bathrooms,
store, pump out, fueling docks, parking, and includes all waterfront sections of the
3
Subject Property as well as any boardwalk area located on the waterfront that may
be devdoped. Access to the Subject Property specifically excludes access to private
docks that currently exist or any private dock structure that will be developed in the
future, except that in addition to fuel dock access, Purchaser shall provide pedestrian
access and a place to tie up their boats for individuals purchasing fuel for watercraft or
supplies on the Subject Property. Nothing contained in this paragraph will act to
prohibit public access to any fueling facilities located on the Subject Property.
7. COST TO GENERAL PUBLIC FOR USE OF BOAT RAMP AND
COMMERCIAL SERVICES. The Purchaser agrees to hold the cost use of Boat
Ramp for the public for the first year of operation at $20.00, and the Sewage
holding tank pump out fee for the first year of operation will be $25.00 for the
public. The fees may be increased or decreased during the subsequent years
according to an annual adjustment based on the Consumer Price Index for all urban
consumers Miami-Fort Lauderdale area.
8. STORE AND COMMERCIAL SPACE. Purchaser shall provide commercial
space to house a store and waterfront related business which will be open to the public
on the Subject Property and shall provide items related to the use of the boaters. The
store shall 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.
The uses contemplated at this new facility are related to use of boats and the
enjoyment of the waterfront such as boat sales, marine engine repair, fuel sales, bait
and tackle shop, boat rentals, store providing sale of items related to boats and water
usage, and snack shop. In addition, Purchaser agrees that fueling docks shall be
open to the public at the Subject Property during reasonable business hours. All
development of the Subject Property shall comply with permitting and
development requirements of the State, Federal and Monroe County statutes and
codes.
9. CONSTRUCTION OF AFFORDABLE HOUSING. Purchaser shall build on the
Subject Property affordable housing units using five (5) ROGO allocations or exemptions
obtained from a source other than the Seller. The affordable housing shall consist of one
and two bedroom second story units and shall be deed restricted for that use. Purchaser
agrees that it shall obtain all necessary approvals from Monroe County for the transfer of
the ROGO exemptions or allocations. Purchaser further agrees that it shall not be able to
obtain the Certificate of Occupancy for the commercial space until a Certificate of
Occupancy for all affordable Housing has been obtained; however the Certificate of
Occupancy for the affordable housing may be obtained simultaneously or prior to the
Certificate of Occupancy for the commercial space.
10. SURVEY. Seller shall within 10 days of execution of this agreement by both
parties deliver to Purchaser a boundary survey of the Subject Property prepared by a
professional land surveyor licensed by the State of Florida for the November, 2006
closing on the purchase of the Subject Property.
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II. :TITLE INSURANCE. Seller shall, within 10 days of execution of this agreement
by both parties deliver to Purchaser a copy of the Owner's Title Insurance Policy
Schedule A and B effective date November 30, 2006 on the Subject Property. Purchaser,
at its own expense, shall obtain an updated title insurance policy.
12. )DEFECTS IN TITLE. If the title insurance documents described in paragraph II
or survey described in paragraph 10 furnished to Purchaser, disclose any defects in title
which are not acceptable to Purchaser, Purchaser shall give notice of defects to Seller 20
days pdor to closing; the Purchaser agrees that in this event the closing date shall be
extended for a reasonable time. Seller agrees to use diligent effort to correct the defects in
title within a reasonable time. If Seller is unsuccessful in removing the title defects within
that time, Purchaser shall have the option to: (a) accept the title as it then is with a
reduction in the Total Purchase Price as agreed to by Purchaser and by Seller, (b) accept
the title as it then is with no reduction in the Total Purchase Price, (c) extend the amount
of time that Seller has to cure the defects in title if agreed to by Seller, or (d) terminate
this Agreement, thereupon releasing Purchaser and Seller from all further obligations
under this Agreement.
13. lNTEREST CONVEYED. At closing, Seller shall execute and deliver to
Purchaser a deed, pursuant to FI. Stat. 125.411, conveying all interest in the property
owned by the County to the Property.
14. ROAD ABANDONMENT. Purchaser and Seller agree that nothing in this
Agreement shall be interpreted in any manner as prior consent on the part of the Seller to
abandonment of any portion of the road known as Peninsula Avenue; nor shall this
agreement be interpreted to preclude the Purchaser from petitioning for abandonment of
any portion of Peninsula Avenue.
IS. PREPARATION OF CLOSING DOCUMENTS. Seller shall prepare the deed
described in paragraph 13 of this Agreement, Seller's closing statement, no lien affidavit
certified to Purchaser in accordance with Section 627.7842, Florida Statutes. The
documents shall be submitted to Purchaser for review and approval at least 10 days prior
to closing.
16. PURCHASER REVIEW FOR CLOSING. Purchaser will approve or reject each
item required to be provided by Seller under paragraph IS of this Agreement within 3
days aftf:r receipt by Purchaser of the required items. Seller will have 3 days thereafter to
cure and resubmit any rejected item to Purchaser. In the event Seller fails to timely
deliver any item, or Purchaser rejects any item after delivery, Purchaser or Seller may
extend the Closing Date for a reasonable time, not to exceed 14 working days.
17. EXPENSES. Florida law prevents governmental entities from paying
documentary stamps. Seller shall pay the cost of recording the deed.
18. TAXES AND ASSESSMENTS. In the event the Purchaser acquires fee title to
the Property between January I and November I, 2008, Seller, being exempt from
5
taxation, shall have no obligation in accordance with Section 196.295, Florida Statutes, to
place in escrow with the county tax collector an amount equal to the current taxes
prorated to the date of transfer, based upon the current assessment and millage rates on
the Property.
19. !:::LOSING DATE. The closing shall be within 14 working days of satisfaction of
the requirements set out in paragraphs 2, Paragraph 3, Paragraph 10, Paragraph II, and
Paragraph 15, and Paragraph 16 of this agreement; provided, however, that if a defect
exists in the title to the Property, or in any other documents required to be provided or
completed and executed by Seller, the closing shall occur either on the original closing
date or within 14 days after receipt of documentation curing the defects, whichever is
later.
The parties may conduct the closing at an earlier date if they are satisfied that all
conditions have been met prior to the date set herein. The determination that the
conditions have been met prior to the closing date set herein shall require the County
Administrator and County Attorney to sign approval of an earlier closing date and the
contract need not go back before the Seller's governing body to reform the contract to
provide the earlier closing date.
20. RISK OF LOSS AND CONDITION OF REAL PROPERTY. Seller assumes all
risk of loss or damage to the Property prior to the date of closing. Subject Property shall
be transferred and conveyed to the Purchaser in the same, or essentially the same
condition as of the date of Seller's execution of this Agreement, ordinary wear and tear
excepted. However, in the event the condition of the Property or other improvements
thereon is altered by an act of God or other natural force beyond the control of Seller,
Purchast:r may elect, at its sole option, to terminate this Agreement. Seller represents that
there are no parties other than Seller in occupancy or possession of any part of the
Property.
21. RIGHT TO ENTER PROPERTY AND POSSESSION. Seller agrees that from
the date this Agreement is executed by the parties until the date of Closing, Purchaser and
its agents, upon reasonable notice, shall have the right to enter the Property accompanied
by a designee of the Seller for all lawful purposes in connection with the this Agreement.
Seller shall deliver possession of the Property to the Purchaser at closing.
22. ACCESS. Seller warrants that there is legal ingress and egress for the Subject
Property over public roads or valid, recorded easements that benefit the Subject Property.
23. DEFAULT. If Purchaser defaults under this Agreement, Seller may waive the
default and proceed to closing, seek specific performance, or refuse to close and elect to
receive the return of any money paid, each without waiving any action for damages, or
any other remedy permitted by law or in equity resulting from Purchaser's default. In
connection with any dispute arising out of this Agreement, including without limitation
litigation and appeals, the prevailing party will be entitled to recover reasonable
attorney's fees and costs.
6
24. . ASSIGNMENT. This Agreement may not be assigned by either Party without the
prior written consent of the other Party.
25. :rrME. Time is of essence with regard to all dates or times set forth In this
Agreement.
26. ;SEVERABILITY. In the event any of the provIsIOns of this Agreement are
deemed to be unenforceable, the enforceability of the remaining provisions of this
Agreement shall not be affected.
27. !>UCCESSORS IN INTEREST. Upon execution of this Agreement by the parties,
Seller's and the Purchaser's heirs, legal representatives, successors and assigns shall be
bound by it.
28. l"ANGUAGE INTERPRETATION. Whenever used, the singular shall include the
plural and one gender shall include all genders.
29. l:NTIRE AGREEMENT. This Agreement constitutes the entire agreement
between the parties. No supplement, modification or amendment to this Agreement shall
be binding unless executed in writing by the parties.
30. VI' AIVER. Failure of Purchaser or Seller to insist upon strict performance of any
covenant or condition of this Agreement, or to exercise any right herein contained, shall
not be construed as a waiver or relinquishment for the future of any such covenant,
condition or right; but the same shall remain in full force and effect.
31. AGREEMENT EFFECTIVE. This Agreement or any modification, amendment
or alteration thereto, shall not be effective or binding upon any of the parties hereto until
it has be,en executed by all of the parties hereto.
32. ADDENDUM. Any addendum attached hereto that is signed by the parties shall
be deem,ed a part of this Agreement.
33. NOTICE. Whenever either party desires or is required to give notice unto the
other, it must be given by written notice, and either delivered personally or mailed to the
appropriate address indicated on the first page of this Agreement, or such other address as
is designated in writing by a party to this Agreement.
34. SURVIVAL. The covenants, warranties, representations, indemnities and
undertakings of Purchaser set forth in this Agreement shall survive the closing.
7
35. PEVELOPMENT RIGHTS. Nothing in this Agreement shall provide more
development rights than are provided under the Monroe County Code or other
applicable State and Federal requirements.
THIS IS TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY
UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING
SELLERS:
MONROE COUNTY, FLORIDA
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The foregoing instrument was acknowledged before me this ~day of
bY~v&U~she is personally known to me or produced
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(NOTARY PUBLIC)
SEAL Notary Public
~otolY Public Stoto ot Florida
Mlcllene J Burnham
My CommISSion 00513068
Expire. 0113112010
(~fd/:{ta~~otary Public)
Commission No.: 0 Q $;/ ~O~r
My Commission Expires 01'3/-2.010
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MONROE COUNTY ATTORNEY
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ASSISTANT COUNTY ATTORNEY
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ADDENDUM ONE
(IMPROVEMENTS/PURCHASER)
A. J:ladon Gas. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in
sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed
federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon
testing may be obtained from your county public health unit. This notice is being provided in accordance with Section
404.056(8), Florida Statutes. Purchaser may, at its sole cost and expense, have the buildings that will remain on the
Property inspected and tested for radon gas or radon progeny by a qualified professional properly certified by the Florida
Department of Health and Rehabilitative Services. If radon gas or radon progeny is discovered, Purchaser shall have
the option w either: (a) accept the Property as it then is with no reduction in the Purchase Price or (b) terminate this
Agreement, thereupon releasing Purchaser and Seller from all further obligations under this Agreement.
B. .Wood DestrovinQ: Omanisms Insnection Reoort. Purchaser may, at its sole cost and expense, obtain a Wood
Destroying Organisms Inspection Report made by a state licensed pest control firm showing the buildings that are to
remain on the Property to be visibly free of infestation or damage by termites or other wood-destroying pests. If the
report shows such infestation or damage, Purchaser shall have the option to either: (a) accept the Property as it then is
with no n:duction in the Purchase Price or (b) terminate this Agreement, thereupon releasing Purchaser and Seller
from all further obligations under this Agreement.
C. Maintenance of Imorovements. Seller shall, if required by Purchaser, maintain the roofs, doors, floors, steps,
windows, ,exterior walls, foundations, all other structural components, major appliances and heating, cooling, electrical
and plumbing systems on all improvements that will remain on the Property in good working order and repair up to
the date of closing. Purchaser may, at its expense, have inspections made of said items by licensed persons dealing in
the repair and maintenance thereof If the inspection reveals that any of the improvements that will remain on the
Property are in need of repair, Purchaser shall have the option to either: (a) accept the Property as it then is with no
redu~ III the Purchase Price or (b) termmate this Agreement, thereupon releasing Purchaser and Seller from all
furth~~,ons under this Agreement
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COMPOSITE EXHIBIT A
Planning Commission Resolution No. P20-07
Planning Commission Resolution No. P21-07
10
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PLANNING COMMISSION RESOLV'I10N NO. P20-07
A RESOLUTION BY THE MONROE COUNTY
PLANNINO COMMISSION APPROVING THE
REQUEST BY KINOS POME MARINA, LLC, POR A
V ARrANCE TQ REDUCE THE NUMBER OF OFF-
STREET PARKINO SPACES PROM 322 SPACES TO
2n SPACES AND TO REQlJIRE DBDICAmD ON
Slm PARKINO POR BOAT TRAILERS, SCOOTBRS,
AND BICYCLES ON PROPERTY LBGALLY
DESCRIBED AS LOTS 1,2,3 & ADI BAY BOTI'OM,
SQUARE 60; PART LOTS 1.2,3 & ADJ BAY BOTTOM,
SQUARE 61 PART MALONEY Ave VACATED &
FILLED BAY BOTTOM ADIACENT TO MALONEY
AVE, It PART ADJ PARCEL; UNIT J-4, J-6, J-9, 1-11, J-
12, It SIS2% COMMON ELEMENTS OCEANSIDE
EAST DRY STORAOE CONDOMINIUM, STOCK
ISLAND, MONROE COUNTY, FLORIDA HA VB REAL
ESTATE NUMBERs 00127420.000601 THQOUOH
00127420.000675, 00127440.000100 THQOUGH
00127440.002500, 00127420.000000, 00127420.000100
AND 00127430.000101 THROUGH 00127430.000211,
AT APPROXIMATE MILB MARKER 5.
WHEREAS, during a regularly schedulad public meeting held on April I I, 2007.
the MOnroe .CoUllty Planning Commission conducted a raview and CODIidemlion on lbe
l'eQlICllot filed by Kings Poiolll Marina LLC tbr a varilllWe to recluce lb.e number of off-street
parking spaces ftom 322 spooos to 2n spaces pursuant to Monroe County Cod. (MCC) ~.
9.S-52.4(b)(3) ; and
WHEREAS, the subject property is located at 5970 Peninsular Avenue, Stock
Wand;; and
WHEREAS, lbe PI8IlIlins Commission was presented with lbe tbllowing evidence.
wbich by reference Is hereby inc:mporatad as ptI1't of the record of said heering;
I) The variance request of the Applicant; and
2) Review oflbe following Plans;
i) BOIUldery survey by R.E. Reese, dated 2-23-07, revised 3.12-07, receivad 3-
12-07; and
J'2O.ll7
Kings P"into Marin.
PlIrkIng Varfonce
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ii) Site plan by WL WILBR, Sheet S-I, dated 8/2112006, revised 1-26-07, received
1-31-07,signOO &sealOO 1-26-07; and
3:) The staffrepon prepared by Julianne Thomas, Plaoner dated April 2, 2007; and
4') The SWorn testimony of the Growth Management Division Sts1l; and
5) The sworn testimony ofthil Applicant; and
6) Bxb1bits provided by the Applicant; and
7) C011lIIleI1ls of Assistant C~ Attorney Susan Grimsley; and
8) The sworn testimony of the public; and
9) Comments by lobn Wo1fi; PWmlng Commission Counsel.
WHEREAS, MCC fi 9.5-352(c), Roqui:red Parlcing stlllllisnls requires 353 parking
spacc~; lIIId
WHEREAS, MCC fi 9.5-352(i), Shared Parking standards requires 322 parking
spaces; and
WHEREAS, MCC fi 9.5-524(b)(3) provides eight (8) standards which must be met
in order fur lbe Planning ('.nmm;..ion to grant a variance; and
WHEREAS, the Planniag Commisslon determln.d that all eight (8) standards hod
been met; and
WHEREAS, the Planning Commission has made th. fuUowing Findings of Fact
and Conclllllions of Law based on th. evidence presented:
I) The appUcant has demonstmled a showing of good and sufticient cause; and
2) Failure to grant the variance would msult in hardship 10 the eppllcant; and
3) Oranting the variance will not te8ll\1 in increased publlc ex~, create a threat to
public health and safety, create a public nuiallllCe or cause fraud or victimization of
the public; and
4) The propeny has unique or peculiar circumatencee which apply to lbe property but
which do not apply to other properties in the same zonlns district; and
5) Granting the variance will not Jive the app1lcant any special privilege denied other
properties in the immediate neishborl1ood in terms of the provisions oflbis Chepter
or establiahed development pallems; and
6) Granting the variance is not based on disabilities, handicaps or heallb of the
applicant or members ofhia famiJy; and
7) Granting the variance is not based on lbe domestic difficulties of the applicant or
hisIher 1ilmiIy; and
8) Based on the application, the variance is the minimwn necessary to provide relief
to lbe applicant.
WHEREAS, Sfaft'recommended approval to the Planning Commisaion to reduce
the number of parking IIplIllOS by 15.5% to 272 so long as six (6) of the paddng spac~
were 141' x 55' and designated for boat trailers on site in order to lllciIitatepubUo use of the
boat ramp; and
I
I,
I
,
,
P20-07
KJopPo.... Malina
Parkins V.riance
PaS" 2 00
-. "- -.-.----....--...-.-----.----..
-----------_.._._-~-- "--.-----...--..
WHEREAS, the Planning Commission detemtined that designating eighteen (18)
8.5' x 18' spaces would provide adequate parking to mcililate public use of rhe boat ramp.
NOW THEREFORE, BE IT RESOLVED BY PLANNING COMMISSION
OF MONROE COUNTY, FLORIDA, lIJar the preceding Findings support its decision to
APPROVE the request by Kings Poinle Marina LLC for a variance to reduce the number
of off-street parking spaees from 322 spaces 10 272 spaces, to require dedjcated on site
parking fur boat trailers, scooters, and bicycles with the fullowing oonditions:
I) Eighteen (18) stamlard size (8.5' x 18') parking spaces shall be deslgneted parking
fur boat traileIS and tow vehicles to filcililsle public access to the boat mmp. Signs
sball be posted designating these sp""es as parking fur the boat ramp and the dock
master shalt filcilitate the use of this spO<:e to provide for public use of the boat
ramp; and
2) The applicant shull provide a minimum of thirty-two (32) spo<:os for scooters
and/or bicycle parking; and
3) Prior to the issuance of a building permil, a signed and sealed site plan sball be
submitted showins the scooter aad bicycle spaces. These spaces sha11 not be in any
required setback on the property; aad .
4) The proposed red.eve.\opmenI is currently scbnduled for MIlior Conditional Use
review by the Monroe Col1llly Planning Cotnmission. No deYeloJllllenl proposed in
the major oonditiooal use application is being approved by this resolution; and
5) The sire plan sba1I receive all necessary approvals from the County EDgin_.
County Traffic Consultant and FiR: Marshall; and
6) All regular parking spaces sha11 mcel the dcslgn requimmenrs set forth In Chapter
9.5 of the Monro. CoWlly Code and all handicapped parklq spaces must meet the
design requirements set Ibrtb In Chapta- II of rhe Florida Bw1diug Code, the
Florida Accessibility Code fur Building ConstJuction.
PASSED AND ADOPTED by the Planniog Commission of Monroe County, Florida,
at a rllgularly meeting beld on the 11" day of April 2007.
APPROVBD TO l'ORM
AND LEG
.BY
Chair Cameron
Vicc Chair Wall
Commissioner Cates-Deal
Commissioner PophllDJ
Commissioner Windle
Xu
Xu
~
~
A!l!w
PLANNING COMMISSION OF
MO~UNTY.FLORlDA
BY 4.~~A.
D. Clunenln. Chair ~
Sign.,' this 9' }/If day of
Nt:lr .2007
1'20-07
Kings folate Marina
Parking VarllUlce
Pagc30f3
- --I
,
I
/:
I
;
i
PLANNING COMMISSION RESOLUTION NO. P2].07
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION APPROVING THE REQUEST BY KlNGS
POlNTE MARINA, LLC, FOR AN AMENDMENT TO A
MAJOR CONDITIONAL USE PERMIT; REMOVlNG AN
EXISTlNG MAlNTENANCE, SALES OFFICE & TACKLE
SHOP (2,870 FT'), BATH HOUSE (1,232 FT'), WAREHOUSE
(9,600 FT'), DOCK MASTER BUILDlNG (660 FT'), AND
DRY BOAT STORAGE BUlLDlNG (30,090 FT');
CONSTRUCTlNG THIRTY - TWO (32) NEW, ATTACHED
MARKET RATE UNITS FOR VACATION RENTAL USE;
ADDlNG TWO (2) NEW BOAT BARNS (53,040 FT'), EIGHT
(8) WET SLIPS, A RETAIL SHOP/ DOCK MASTERS OFFICE
AND BAIT HOUSE lNCLUDlNG SHOWER FACILITIES
(2,625 FT') lNTENDED FOR USE BY WET SLIP OWNERS;
CONSTRUCTlNG AN OUTDOOR BAR ADDITION (735
~), FLOOD PROOF STORAGE (2,I60 ~) UNDER THE
EXlSTlNG FORMER RESTAURANT BUILDlNG ;
PROVlDlNG FOR A GATED ENTRANCE; PROVIDlNG FOR
CONDITIONS; ALL ON PROPERTY LEGALLY
DESCRIBED AS LOTS 1,2, 3 & ADJ BAY BOTTOM,
SQUARE 60; PART LOTS ],2,3 & ADJ BAY BOTTOM,
SQUARE 61 PART MALONEY AVE VACATED & FILLED
BAY BOTTOM ADJACENT TO MALONEY AVE, & PART
ADJ PARCEL; UNIT J-4, J.6, J-9, J-II, J-12, & 5/52%
COMMON ELEMENTS OCEANSIDE EAST DRY STORAGE
CONDOMINIUM, STOCK ISLAI\'D, MONROE COUNTY,
FLORIDA HA VlNG REAL ESTATE NUMBERS
00127420.000601 THROUGH 00127420.000675,
00127440.000100 THROUGH 00127440.002500,
00127420.000000, 00127420.000100 AND 00]27430.000101
THROUGH 001 27430.0002 II , AT APPROXIMATE MILE
MARKER 5.
WHEREAS, during a regularly scheduled public meeting held on April 1 I, 2007, the
Monroe County Planning Commission conducted a review and consideration oflhe request filed
P21-07
Kinas P,O'inte Marina
Amendment 10 a MnjoT Conditional Use
Page] QrE
by Kings Pointe Marina LLC for an amendment to a major conditional use penni! pursuant to
Monroe County Code (MCC) 99.5-69; and
WHEREAS, the Applicant's predecessor in interesl obtained a conditional use permit for
this property pursuant to Planning Commission Resolution P52-97 signed August 18, 1999 for
the conslruction of twenty-two (22) affached permanent market rate dwelling units; one (I)
swimming pool; a 372 ft' pool house; a 120 ft' observation gazebo; a 22,000 ft' boat storage
building; a 435 ft' addition to an existing 225 ft' dock master's office; a 1,670 ft' addition to an
existing tackle shop and a 2,485 ft' 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 ft'), bath house (1,232 ft'),
warehouse (9,600 ft'), dock master building (660 fill), and dty boat storage building (30,090 ft2);
arid CONSTRUCT thirty - two (32) new, affached market TIlle units for vacation rental use; add
two (2) new boat bams (53,040 ft'), Eight (8) Wet slips, a retail! dock masters office and bait
house including shower facilities (2,625 ft') intended for Use by wet slip owners; an outdoor bar
addition (735 ft2l; /Jood proof a storage area (2,] 60 ft2l 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
diSltricl 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 Commiffee on March 19,2007; and
WHEREAS, the Planning Commission was presented with the following evidence,
whi.:h 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 attachmenl A;
2) The staff report prepared by Julianne Thomas, Planner dated April 2, 2007, with
attachments, said attachments including a Chapter 380 Agreement between Overseas
Redevelopment Company, Monroe County and the Florida Department of Conununity
Affairs, and a Memorandum dated March 10, 2007, to Andrew Trivette, Acting Director
ofGroWlh Management from the COWlty 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
P2)-{J7
Kings F'ointe Marina
Amendment to a Major Conditional Use
Page 2 of8
WHEREAS, 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 lhe standards which are applicable to all
conditional use permits which are as follows:
Sec. 9.5-65. Standards applicable 10 all conditional uses.
Wi,en considering applications for a conditional use permit, the director of planning and the
pl,oming 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
ofilie parcel proposed for development;
(<:) The design of the proposed development minimizes adverse effects, including visual
impacts, or the proposed use on adjacent properties;
(dl) The proposed use will have an adverse effect On the value of surrounding properties;
(e) The adequacy ofpub!ic facilities and services, including but not limited to roadways, park
facilities, police lUId fire protection, hospital and Medicare services, disaster preparedness
program, drainage systems, refuse disposal, water lUId 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 ]egal provision to
guarantee the provision and development of any open space and other improvements
associated with the proposed development;
(g) The development will adversely affect a known archaeological, historical or cultural
resource;
(h) Public access to public beaches and other waterfront areas is preserved as a part of the
proposed development; and
(i) The proposed use complies with all additional standards imposed on it by the particular
provision of this chapter authorizing such use and by all other applicable requirements of
the Monroe County Code.
WHEREAS, the Planning Commission has determined that the application meets the
stand'lrds required in MCC ~ 9.5-65by the design submitted and by the assignment of the
condillions of this resolution; and
WHEREAS, the Staff report recommends that any new development on the Kings Pointe
sile in'~orporate appropriate noise reduction and protection methods.
WHEREAS, after consideration of the testimony and evidence presented, the Planning
Commission makes the following rmdings of Fact and Conclusions of Law:
P21-07
Kings Pl)inte Marina
AmendmcnllO n Major Conditional Use
Page 3 ofB
1. 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 pemtit is issued for the Affordable Units to be built at Overseas Trailer Park.
This transfer will provide compliance for MCC 99.5-120 and 99.5-265.
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 tberefore 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 99.5-281) as a variance request
was approved to reduce the front yard setback from twenty-five (25) feet to twenty (20)
feet for 260 feet of the frontage along Peninsular Avenue as stated in Planning
Commission Resolution PI 9-07.
4. The project is in compliance with Parking Standards (MCC 99.5-352) 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
1'20-07 .
5. Pursuant to MCC 99.5-354, tbe property is required to have two (2) I]' x 55' loading
and unloading zones.
6. Affordab]e 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 bnilt 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 00]25360.000100, according to the terms of the Agreement, over
riding any phasing requirements or simultaneous bUilding at any location including Kings
Pointe for purposes oflhi. 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 99.5-65(i) will be determined by
the Building Department upon submittal for a building permit to the Building
Depanment:
P2t-07
Kings Poinle Marim
Amendment 10 a Major Conditional Use
Page 4 of8
I) FloodpJainManagement(MCC ~~9.5-3J6 & 317);
2) Outdoor lighting (MCC ~~9.5-391 - 393);
3) Handicap Accessibility (Chapter I], 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;
SedloR ]. The request by Kings Pointe Marina LLC for an amendment to a major conditional
us. 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 fl'), bath house (1,232
ft')" warehouse (9,600 fl'), dock master building (660 fl'), and dry boat storage building (30,090
ft').
2. Construction of thirty - two (32) new, attached market rate units for vacation rental use;
addition of two (2) new boat bams (53,040 fl'), Eight (8) Wet slips, a retail shop! dock masters
ofIke and bait house including shower facilities (2,625 fl') intended for use by wet slip owners;
an outdoor bar addition (735 te), flood proof storage (2,160 fl2) under Ihe exiSli"8 restaurant and
a gated entrance.
Section 2. The Approval is SUBJECT TO THE FOLLOWING CONDITIONS:
1 . lfthe sile is gated, the following condilions shall be met:
a. The gate shall be open, at a minimum, one (I) hour prior to
sunrise and slay open until (I) hour past sunset to provide
for public access;
b. There shall be a number posted on the outside of Ihe 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;
P2t.07
Kings Pointe Marina
Amendmen11o.a Major Conditional Use
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) I]' X 55' loading and
unloading spaees for the nonresidential uses;
e. The site plan shall conform 10 the decisions of the Planning
Commission with regard to the parking and front yard
variances as determined in P19-07 and P20.07;
f. The following requests of the County's traffic engineer
shall be met: to show the design maneuverability through
the site and at the project driveway and to show clear site
visibility details at the access driveways;
Page 5 of8
g. A building permit for dwelling units at the Overseas Trailer
Park pursuant to the aRC 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 pennitted al Kings
Pointe;
h. The proposed western access drive and curb cuts shall
receive approval from the County Engineer;
i. Compliance by lhe following agencies and corresponding
Sections of Code:
i. County Engineer shall determine compliance with
MCC ~ 9.5-293;
ii. The Florida Department of Health and the Key
West Resort Utility (KWRU) shall determine
compliance with ~ 9.5-294;
iii. Fire Marshal shall determine compliance wilh ~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 bam 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.;
I. The flood plain management standards shall be met;
m. The site plan shall demonstrate that the energy and
conservation standards have been met including showing
where bicycle racks and scooter spaces will be placed on
site;
n. The outdoor lighting and applicable AlCUZ standards in
effect at the time of the application for maj or conditional
use shall be met.
3. Prior to the issuance of anv C.O., the marina pump out facility shall be
upgraded to comply with current standards.
4. The applicant shall provide a water quality monitoring system for the
adjacent water body for a period of five (5) years after the completion of
the development per MCC ~ 9.5-349.
PASSim AND ADOPTED by the Planning Commission of Monroe County, Florida, at a regularly
meetin.g held on the I l.h day of April, 2007.
P21..()7 Page 60fB
Kines Pointc Marina
Amendment to a Major Conditional Use
Signed this
q11f
day of
P21-0'7
Kings Pointe Marina
AmendmenllO a Major Conditional Use
Chair Cameron
Vice Chair Wall
Commissioner Cales-Deal
Commissioner Popham
Commissioner Windle
Yes
Yes
Yes
No
Absent
PLANNING COMMISSION OF
::NR~
es D. Cameron, Chair
,liar
,2007
BY
APPROVED
AN!) LEG
Page 70f8
Attachment A: PLANS REVIEWED
]. Boundary survey by RE. Reese, dated 2.23-07, revised 3-12-07, received 3-12-07
2. Site plan by WLWILBR, Sheet Sol, dated 812112006, revised 1-26-07, received 1-31-
07, signed & sealed 1-26-07
3. Townhomes Site plan by WLWILBR, Sheet S-2, daled 8/21/2006, revised 1-26-07
received 1-31-07, signed & sealed 1.26-07
4. Townhomes Site plan by WLWILBR, Sheet S-3, dated 8/2112006, revised 1-26-07
received 1-31-07, signed & sealed 1-26-07
5. Building H, Peninsular Townhouses, 16 units, Sbeet A-2, Typical Pod Plans, by Peter
M. Pike daled 1-24"()7
6. Building H, Peninsular Townhouses, 16 units, Sheet A-3, Partial Elevalions, by Peter
M. Pike dated 1-24-07
7. Building "C" Cove Side Soutb 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 daled 1-
24-07
9. Building M, Marina Townhouses, 8 units, No Sheet Number, by Peter M. Pike dated
1-24-07
10. Sailfish Club, Ground Foundation Plan, Sheet A-2, by Peter M. Pike daled 1-22-07
II. Sailfisb Club, Electrical Plan, Sheet E-I, by Peter M. Pike dated 1-22-07
12. Bam "A" Floor Plan, SheetA-2, by Peter M. Pike dated 10-14-06
13. Bam "B" Floor Plan, Sheet A-3, by Peter M. Pike dated 10-14-06
14. Office Floor Plan, Sheet A-4, byPeterM. 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 10-14-06
17. Elevations, Boal Barn A, Sheet A-7, by Peter M. Pike dated ]0-14-06
18. Elevations, Boal Barn B, Sheet A-8, by Peter M_ Pikedaled 10-14-06
19. Entry Site Plan, Sheet S-4, by WLWILBR, dated 8/2112006, revised 1-26-07,
received 1-31-07
20. Entry Elevalion, Sheet S-5, by WLWILBR, dated 8/21/2006, revised 1-26"()7,
received 1-31-07
21. Landscape Plan, Sheet 1.-1, by WLW/LBR, dated 8/21/2006, revised 1-26-07,
received 1-31-07
P2t-07
Kingl, Poinre Marina
Amendment to a Major Conditional Use
Page B ofB
BID PROPOSAL FROM KINGS POINTE MARINA
AS APPROVED BY THE
BOARD OF COUNTY COMMISSIONERS
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Bid - Purchase of Hiclwry House Property
Bidder Name:
King's Pointe Marina LLC (!<PM)
Bidder Address:
1115 Marbella Drive
Tampa, Florida 33610
Bidder Telephone:
8136630401
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
rel;ently acquired Conch Harbor Marina in the City of Key West, which it now operates
as a full seIVice marina with fuel sales. The principals of KPM 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
KF'M and under no other names.
5.F'ive 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) 292 3842
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
oc'~upancy 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 I 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
IS. 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, monthly 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
" Swinuning Pool
In addition to the three marinas described above the principals of KPM 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
hardlwood trees and rich humus soil, found throughout the Keys. This resort community
of 1:2 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
excit,ement of old town.
Blue Meridian - Luxury Resort Living
B'~(ween 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
an~hitecture -a paradise in the middle of it all. It is where America's finest beaches meet
th,~ 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
fin'~t 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
Wellt 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 Jush, Harbor House pool amenity. Each
residence enjoys two and a half stories, capped offwith a turret design reminiscent of
c1as'lic 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
respl,cting 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
fimtasy comes to life at landfall on the legendary isle of Key Largo and Playa CristaI, 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. I, the
eye is drawn to the Gulf's 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 beach front 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
Iife!~tyle 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 Crista!
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. TIlree 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 ofBoea 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 I ,OOO-foot-Iong 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. iProject 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) 276 6632
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.
IO.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
ct. item d : No
n. County Required Forms - attached
12.0ther Attachments
I. 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: $3.11Yfillion Dollars ($3, 100,000.00)
The Commitment to the non-purchase price conditions shall be met hereunder as follows:
A. ,Pllhlir: Ar.r:F.~~
On-site X
Off-site
x
jDe~cdhf': the e.xtt'!nt of the access :and how ::lOci 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. Pirst 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, squal'e 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-l1, 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
se,,,,ing the boat ramp. At the facility to replace the Hickory House there will be approximately
151000 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 identitying the cost other than the bid price required by the RPB, the
waborfront/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 Coun 0/, not including the cost for housing:
Boat launch fee
$20.00
Sewage holding tank pump-out fee
$25.00
B.SJ~
.!2llli;ribe the type of facility and how and where it will be provided: The ships' store component as
desc~ibed 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 maMa and this site. Bathrooms for the public
using tbis 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 sltore 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:
!l='ibe the type of stmctureift) and how and where it (they) will be provided: The principals
of King's Pointe Marina liC, 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.
AC:KNOWLEDGEMENT:
I acknowledge receipt of Addenda No. (s) J-
I hnve included page 23 through 26 of the Proposal which entails the Proposal Form v: the Non-Collusion
AfC,davit -.::::... and the Lobbying and Conflict of Interest Clause ~ and the Drug Free
Workplace Form v-:- 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: illS"' lV\a.rb~\iT '1la~ 'J)ri\1a.,
~plT, F/brlda 3:3"'10
~
(Name)
IlLt~:A)- 0.; 1'I",;tzry-
(ritle)'
Telephone:BI3. iJ>lt;,a . D4e I
Fax:bI3,bbo .Dt.Jo3
"'-j-Dt- . . Date: 1I~
~~ -
(D' ~
i: " Karel! D. Werner
~ :Comlllf88ion#D0531904
.... ~~'JU/y1.2010
'W "" ~.flIC ......701&
Signed:
My Commission Expires
1-1-/2::>
SWORN STATEMENT UNDER ORDINANCE NO. 10.1990
MONROE COUNTY. FLORIDA
E1lfl~
Ev~cn .
~ ' W\/w"UI)'2:I;, LLL warrants thathelit bas 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
Seetion 3 of Ordinance No. 10-1990. For breaeh or violation of this provision the County
may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from Ihe contract or purchase price, or otherwise recover, the full amount of any fee,
commi,,,,ion, percentage, gift, or consideration paid to the fonner Conory officer or employee.
~~'~(
Dare: to - I ~)
STATE OF _FblC..lDft
COUNTI'" OF Moni?) 0--
PERSONALLY APPEARED BEFORE MF, the undersigned authority,
-h~ AI, ~ I who, after first being SWOrn by me, affixed hislher
signature {name of individual signing) in the spane provided above on this ) at:: day of
JUvu.... . 20..c:B::
My commi,sion ""Pires:
~-I-IO
NOTARY PUBUC
OMB - MCP FORM 114
~ Karen D. Werner
~1 '., CommiSSIon # 00531904
"',T,.. Expires July 1, 2010
'I' IlonIlHno,F_~,IKlQt..385.JOlt
NON-COLLUSION AFFIDA VlT
1, E~m* A-huJ\ OfthecilyO~~A- 8DY1~
acconling to law on my oath, and under penally ofpetjury, depose say ttt:
lam_~~~=-
ofthefinnof ') 'j MfW\I""'hl.. U-Cc,
, I
the Bidder making the ~ fur the prQject described 4 the Notice for Calling for bids for:
,?urc.ha~ ~ ~ry DllsPJ prnpa\y
and that I executed the said proposal wilb full aalborily t do so:
J.
the prices in Ibis bid have been strived at independently witbout coUusion, consuJlalion, communication or
agreement for the JHD]>OSe of restricting competition, as to any mailer relating to such prices with any
other Bidder orwith any oompetitor;
unless otherwise required by law, the prices whieh have been quoted in Ibis bid have not been knowingly
dJscloscd by the Bidder and will nol knowingly be discJosed by the Bidder prior to bid opening,
dlrectJy or ind.In:cIly, to any nther Bidder or to any competitor; and
no allempt has been made or will be made b the Bidder to induce any other person, partnership or
oolJlOllllion to suhmi~ or not to suhmi~ a bid for the JHD]>OSe of restricting oompetition;
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 CORtmelS for said project.
~AC:~
(~ofBidder) l
STATEQF: BDl2.lDf't
COUNTY OF: ~nmt2.-.-
<'0- t'D1
(Date)
PERSONALLY APPEAREOBEFOREME,theunderslgaedauthority, G~ 41 ~ {_
who, after fir~J~qg sworn by me, (lW1Je of individual signing) aflixed hls/her sigaature in the spaee pIOVided
ahoveontid. llC day of ~LlIVL.. 20~
//-,~~ ~ Y;;dWJ
~~~J
My Commission Expires: 7--1 - tD
G)~. Karen D. Werner
J ,; CllIIlmiSSion, 00531904
.. ..~ies Jtdy 1, 2010
'harhill -.....Illc ~.
DRUG.FREE WORKPLACE FORM
The undersigned vendor in accordance with Florjda Statute 287.087 hereby certifies thai:
K;~~C;~~Y'l'nClI LLC-.
~, (N.meofBusnesS) \
I. Publish 8 statement notifying employees tbat the unlawfUJ manufacture. distribution, dispensing. PGssessjon, or
use (If a con.tT()!Jed 9ub3lence is prohibited in the workplace and speci1Ying the actions that wllf be taken against
employees ((Ir violations of such prohibition.
2. Inform employees about tile dangers of drug abuse in the workplace. the business's policy of maintaining a drug-
[Tee wOTkpla,~c, any available drug coumellng. rehabilitation, and employee assistanco programs, and the penalties
that may be ilrnposed upon employees for drug abuse vlofaHons.
3. Give eactl employee engaged in providing the commoditles or contractual services that are under bid a copy of
the statement specified in subsection ( I).
4, In the stlltement specified in subsection (I), notify the employees thai, as a condition of working on the
commodities IDr contractual services that are under bid, the employee will abide by the lerms of [he statement and
will nolity the: employer of any conviction of:, or plea of guilty or nolo contendere tOI any violation of Chapter 893
(fl-orida Slatul:es) or of any controlled subsrante law oftbe United States or any state, for a violation occurring in the
workplace no later than five (5) days after such conviction.
5, lmpose a s~lnction on, or require the satisfactory participation in a drug abuse assistance Or rehabilitation program
if such is 8vaQ,able in the employee~SQOmml1Dity, or anyemptoyec who is so oonviclcd.
STATEOF F\Drido.
As Ihe person i2lulhorized to sign the statement" I certify that this firm complies fufly with the above requirements.
6. Make 8 good faith effort to continue to maintain a dnJg..ffee workplace Ihrough impJemenrafion oflhis section
10-\-01-
Date
COUNTY OF ~nm~
PERSONALL Y APPEARED BEFORE ME, the undersigned authority,
. ~~ctt~ I )oJ \ . ,,:ho, after first bei~g Sworn by me, (name of
mdlVldual slgJlIng) dffixed<ffi)/her SIgnature In the space provIded above on this
~day of '...\UO(L .2001-,
My commission expires:
I'd
Q'~~\ Karen D. Werner
-. \ I.Jii g:p'r.:~~ ill 00531904
, I~~dl 1'.. U,,1,20fO
c 1llr....~tlC~11<
/"'
XH~ L3L~3SHI dH Wd~S:Zl ~OOZ 80 ~ew
ACORD.,. CERTIFICATE OF LIABILITY INSURANCE I DATE (MWDO/YY)
6/4/2007
PRODOCIUt Acordiia THIS CERTIFICATE IS ISSUED AS A MATlCR OF INFORMATION
3225 Aviation Avenue Suite 400 ON~ Y AN,O CONFERS NO RIGHTS UPON THE CERTIFICATE
HO~ER. THIS CERTIFICATE OOES NOT AMEND, EXTEND OR
~TER THE COVERAGE AFFORDED ByrnE POUCIES BE~OW.
Coconut Grove FL 33133
(305) 443-4886 INSURERS AFFORDING COVERAGE
INSURED INSURER A:. Northe~n Assurance Co Of America
Kingspointe Marina, LLC. INSlJRER9; Great American Ins CO
INSURER C: Bridgefield Employers Insurance Company
5950 Peninsula Avenue INSURERD: Citizens Property Insurance Co
Key Wes~ FL 33040 rNSUIl!;RE: Fidelity National Insurance Co
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HA~ BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TIiE POUCY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF AN'( CONTRACT OR OTHER DOCUMElfT wmt RESPECT TO WHICH Tt-fIS CERTIFICATE MAY BE ISSUED OR
M.6.Y PERTAIN. THE INSURANCE AFFORDED BY THe POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL rHE TERMS, EXCLUSIONS AND CONomONS OF SUCH
POl.ICIES. AGGREGATE UMrrs SHOWN MAY HAVE BEEN ReDUCED BY PAlO CLAIMS,
iTi>.. TYPE OFINSURANCE POLiCY NUMBER DATE MMfDDIYV DA~ u.m
GENERAL UA8lUTr eAcH OCCURREHCE . J, 000, 00
X COMMERCIAl GeNfRAL LIABILITY FIRE DAMAGe (Any cno rll'lJ) . 100,00
J CLAlMSMADE 0 OCCUR ME) EXP (Any ont peqon) . 5,00
A N5JH22561 6/23/2006 6/23/2007 PERsONAL Ii ADV INJURY . 1,000,00
X Marina :Liab GENERAl AGGREGATE . 2,000,00.
n~ AGG~ted~ APrlSIPER; PRODUCTS . COMPIOP AOG . 1,000,00
POLICY ~ LOC
AUTOMOBILE UABlI.fTY COMBINEO stNGle UMIT
-ANYAlffO (E8 acddonl) .
- ALL OWNED AUTOS BOOII..Y INJURY
- SCHEDULED AUTOS (PerpotltOfl) .
- HIREDAlrrOS
r- BODILY INJURY .
NON-OWNeO AUTOS '''''-
...
PROPERlY DAMAGE. .
(Pet'DCdcSm)
GARAeE UABtUTY AurO ONlY -EAACCIDENT .
3 AN'( AUTO omER THAH "'ACO .
AlJrO ONlY: AGO ,
EXCUS UAElfUTY eACH OCCLJRReNCe . 1,000, DO'
f!J OCCUR [J ClAN" MADe AGGREGATE , J, 000, 00'
B OMH583-28-04 6/23/2006 6/23/2007 .
t;;1 :eOUCllBLE .
X RE1'ENT(()N . 10,000 ~ .
WOItKeRS COMPENSATION' AND
!MPLO'I'ERS' UA8lUTY , --"OQ,OOI
C 83032799 11/1/2006 11/J/2007 E.L.EACHACCIOENT
e.L OISEAlE. EA EMPLOYS . 500,00(
EL. DIS!ASE- POLICYllMlT . SOO,OOI
om... SEE ATTACHED
D Wind Coverage .. Citizens 1390524 6/28/2006 6/28/2007 COVKRAGK
HREAKOUT
Dt!SCRlPTlON OF OPeRA1lOHSIl.0CAno~USION8 ADDeD IlYllNDORS25MENTISPECW. PAOVISJONS
See Supplementallnfonnation Page(s)
CERTIFICATE HO~ER ..1 1 ADDOIONALINSUReDilHSURfR I.ETTER: CANC~TION
SHOULDAN'( O'F1UEABOVE DESCRIBED POUClES BE CANCEllED BEFORE THE. EXPlRATION
DATe nlERlSOF, THE. mUINa INSURfR WILl. ENDEAVOR TO MAR. .22.... DAYS WRITTEN
NOTICE TOTflE CERnFJeATE HOLDER NAMED TOTHE I.EFT, BUT FAlLURETODO so SKALt.
IMPOSE NO OBUGATlOH OR UASlUTY OF AN'( KINO UPON 1liE mSQRt!R, ITS AGetrrs OR
REP~ENTAl1VES.
AtmfofUZED REPRESENTATIVE
I -.
ACORD 25-S (7197)
.,
"
.........., .~^ ~"''''''' "...do. ......
"ACORD CORPORATION 19B!
F'Fvl.o.:
PRODUCER
Acordia
3225 Aviation Avenue Suite 400
Coconut Grove
CODE:
SUB COOE:
AGENCY CUSTOMER ID
E) Flood Insurance Coverage
1) Pol. No. 99021060552005
2) Pol. No. 99021060732005
3) Pol. No. 99021060872005
4) Pol. No. !19021061062005
5) Pol. No. 99021061182005
APPUCANT (l"!rGt NlImc4~)
Kingspointe Marina, LLC.
FL
5950 Peninsula Avenue
-Key West
};tJl~(;""'
~"'"""L
$120,000
.$120,000
$ 11,000
$ 55,000
$105,000
Cont.
Cant.
Cant.
Cont.
Cont.
DATE (MWDDlVYI
6/4/2007
FL
33040
33133
! EFFECTIIiEOATE EXPlRATfONOATE COlPl.AN
as per the National Flood Program:
06/23/06 to 06/23/07 $500,000 Bldg.
06/23/06 to 06/23/07 ~500,000 Bldg.
06/23/06 to 06/23/07 $246,400 Bldg.
06/23/06 to 06/23/07 $157,200 Bldg.
06/23/06 to 06/23/07 $329,000 Bldg.
Restaurant
Boat storage
Bathhouse
Tackle Shop
$erv. Shop & Of f
Marina Operators Legal Liability $1,000,000 Any One Vessel, $1,000,000 Any One Occurrence.
$2,500 Oed.
Protection & rndemnity $1,000,000
Scheduled Tocfls & Equipment: 2001
1997
Anyone Occurrence.
Wiggins Froklift $186,000
Taylor Forklift $144,231
Value Oed. $2,500
Value Oed. $2,500
, --'i-~t. '(Ni:r1D"'Tf(>>n;.~a:""'ia:l(".oiII:a:"Nii7-FiE~1'):::rf:.{i~itIritii~~~:~',.,'.:C~~~~~
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED. the policy(ies) must be endorsed. A statement
010 this certificate does not confer rights to the certificate holder In lieu of such endorsementCs).
If SUBROGATION IS WANED, subject to the tenns and conditions of the policy, certain policies may
reilJuire an endorsement. A statement on this certificate does not confer rights (0 Ihe certificate
holder in lieu of such endorsementes).
DISCLAIMER
lllB Certificate of Insurance on the reverse sIde of this form does not constitute a contract between
thl' issuing insurer(s). authorized representative or producer, and the eerti1lcate holder, nor does it
aflinnatlvely or negallvely amend, extend or alier the coverage afforded by the policies listed thereon.
ACORD 25-5 (7/97)
..eE.tl.I:l
k ACORD "ellDEfljiS -~OFe "geR-!iNmjliJ;~(\NG~~~1~~&wr OATEC"WOOm}
~""''''~""'"'''t'~ ~:'''' -,' :J.~., ~""'J "".li..-:' ,[<, -"-,':._....~.'~,,!U-t_...~,.~~~ _;_"\,,"~"");:~;"',,,~~_,'_'. ~ 6/4/2007
THIS IS EVIDENCE THAT INSURANCE AS IDENTIFIED BELOW HAS BEEN ISSUED, IS IN FORCE, AND CONVEYS ALL THE
RIGHTS AND PRIVILEGES AFFORDED UNDER THE POLICY.
PRODUCER P Next: (305) 443-4886
Wells Fargo Insurance Services Southeast, Inc.
3225 Aviation Blvd.
COMPANY
Scottsdale Ins Co
Miami
CODE:
FL 33133
Commercial Property
SUB CODE:
CUSTOMER to..
"'SURal
KINGSPOINTE: ;MARINA, LLC.
5950 PENINSUlA AVENUE
KEY WEST, FL. 33040
eFFEC:lWE DATE
POUCY NUMBER
CFS0196976
EXPIRATJON DA 1'&
CONTINUED UN11l
TERMlMTED IF CHliCKED
LOAn HUMBER
6/23/2007 6/23/2008
nas RIa't.ACES PRIORSVIDEHCE DATED:
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LOCAnOHlDaSClUP'I1OH
5950 PENINSUlA AVENUE, KEY WEST, FL. 33040
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COVERAGE'JPI!RI&.IIFORIIS AMOUNTOFINSURANCE DEDUC'J18C.E
Rep acemen~ Special (Including theft)
CO$t 3,587,000 5,001
Replacement Special (Including theft)
Co:s.t
945,000
5,001
Building
Business Pers()nal Property
Incl Stock
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See Supplemental Information Page(s)
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THE POLICY IS SUBJECT TO THE PREMIUMS, FORMS, AND RULES IN EFFECT FOR EACH POLICY PERIOD. SHDULD 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. IN ACCORDANCE WITH THE POLICY PROVISIONS OR AS REQUIRED BY U;W.
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NAME AND ADDR15S$ MORTGAGEE ADDmONAL I~SURED
LOBS PAYEE
lOllN'iI
AtmIORIZEOREP ~1lVE
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"OATE(UMIOOJYY) "
.- 6/4/2007
Services
KINGSFOINTE MARINA, LLC.
Miami
5950 PENINSULA AVENUE
!KEY WEST, FL. 33040
FL 33133 i
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j EFJIEC11VE DATE i EXPtRAllON DATE COIPLAN
------suscO{)l!; .----; 6/23/2007 ; 6/23/2008 Scottsdale Ins Co
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CODE:
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AGENCY CUSTOMER lD
.i!fii9s~!:ClliiilWti'.';;;~",,,, .
PLEASE SEE SCHEDULE BELOW:
BUILDING:l BOAT STORAGE
BUILDING:2 SERVICE OFFICE & STORAGE
BUILDING:3 DOCKMASTER'S OFFICE
BUILDING: 4 ~,TH HOUSE
BUILDING:s TF~KLE SHOP
BUILDING: 6 RE:STAURANT
BUILDING: 7 OF'FleE
$1,200,000
$ 360,000
$ 15,000
$ 100,000
$ 150,000
$ 850,000
$ 692,000
BFP $120,000
BPP $100, 000
BFr $ 5,000
BPP $ 20,000
BPr $ 50,000
BFP $100,000
BPF (INC. RENTAL) $250,000
BPr (INC. RENTAL) $ 50,000
BPP (INC. RENTAL) $ BO,OOO
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:ACllmes
OR
\tACH/NES
rYPEOF
30SlNESS
JUStNESS
~DDRess
<AME
oMtllNG
'DOAESS
Q
2005-2006
MONROE
OCCUPATIONAL lAX
STATe OF FLORIDA
ROOMS
SEATS
ACCOUNT
11-15
MUST BE DISPLAYED IN CONSPICUOUS PLACE
EMPLOYEES
47142-0060
EXPIRES
SEPT. 30, 20
~~E~~~~~~A'TED fl.)~i'lBIO$EX. I). HEi'lRHtuEZ TAX COLLECTOR
v 1129. KEY WEST FL 33041-1129
47142 MARINAS & STORAoE
5950 PENINSULA AV.E
00 - COU1.,ITY OF M'O'l'IROe
OCEANSII)E MAlUNA
KINGS. POUtTE ltA~TNA LLC
5950. PEitHts.ul.,A AVe:
KEY WEST f'l 33040
PP 8527744
0000.000000 0000008000 0000471420060694 1001 1
SUPPLEMENTAL
RENEWAL _ ~~
NEWTAX ;i'~w=._=';~:s
TRANSFER ~~ M=S~
ORIGINAL TAr ~:;'w;;/'
d~. 80
AMOUNT :: *~,JI
PENAf..TY ~~i,:I
COlLECTION COST ~
TOTAl ..,.: .....
80.
nus IS ONLY A TAX. YOU MUS
MfjliiT ALL COUNTY AND/OR
MUNICIPALITY PLANNING AND
ZONING REQUIRJ::l1tfNTS.
:;'UTIES
CHINes
)EOF
JINESS
;1NE5S
mESS
AE
liNG
)RESS
GJ
2005-2006
MONROE
OCCUPArlONAL TAX
STATE OF FLORIDA
ROOMS
MUST BE DISPLAYED IN OONSPIOUOUS PLAOE
SEAl's EMPWYEES
4$210 I~ET.A:!L I;;~P;$
. . -'.' ~.
59,50 PE'Nl}J$iJt,.~ l\;'l.e
00 - COllf,l rV (lfl'if(!!fj,ROE
OCI;AN'SIIJiE' 'ft' l/Iil\lA'
KIN,liS, f>!!:tfl~' lrt~~'1~A LlC
5950 PEiJ;U~, ULA '"I7e:
KEY WEsT #( 3304,(}
PP 852,8744
I BEOOM"SATAX IM~tSi1: th'Illl'~,ft..tQUEl TAX C,DllECTOR
"'PTWHENVALlDATEDf>lr-i9\l'J:l< 1"29:;.'"i~1!Y 'WEST Fl 33.041-1129
OOOOO~Oaili1)'brllt~OU'$<dOOOGQ04<8210Q060695 1001 7
ACCOUNT
48210-00606
EXPIRES' .
SEP T. 30, 200,
SUPPLEMENtAl:. . " , .' .
R'j;!NEWAL " , . '-,- <j~
NEWTAX J'="s...-lt!
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NAOtJNT .~ _ -=-~=
PENALTY i!E~ :=
COLLECTION cos.,--:&'. .g
TOTAL ~ :::
30.(
30, (
Tms ~S Ot./LYA TAX. VqfJ,.UST
M~;r 4LL PQUIIITY A",l\i/Olii
M,I UN1.C.,'''AL'rY p.y~Nm.G ANI)
lONfNGREQIIIREM!N1S.
plannine & Em.1ronmental Resources
Deoartnlent
2798 Overseas Highway, Suite 410
Marathon, FL 33050
Voice, (305) 289-2500
FAX, (305) 289-2536
County of Monroe
Growth Management Division
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Board ofCounh' Commissioners
Mayor Mario Di Gennaro, Disl. 4
Mayor Pro Tern Dixie Spehar, Dist I
George Nellgent. Di::;t. 2
Charles "Sonny" McCoy, Disl. 3
Sylvia J. Murphy, Dist. 5
May11,2007
We stripe to be cOrJ'ng, professional andfair
Donald Craig
The Craig Company
P.O. SoJ< 970
Key Wellt, Fl33041
RE: Kings Pointe Marina, llC, Amendment to a Major Condilional Use Application
Dear Mr. Craig:
Enclosed is a copy of Planning Commission Resolution P21-Q7 filed by Kings Pointe Marina, lLC, tor an amendment to a major condfflonai
use permit; removing an exisling maintenance, sates office & Iackie shop (2,B70 "'), bath house (1,232 It'l, warehouse (9,600 ft'), dock
master building (660 It'), and dl}' boat storage building (30,090 ft'l; constructing thirty - lwo (32) new, attached market rate units for
vacation I'ental use; adding two (2) new boat barns (53,040 "'I, Bght (B) Wet slips, a relail shop! dock masters office and be<< house
including "hower facilities (2,625 It') intended lor use by wet silp owners; constructing an outdoor bar addilion (735 112), tlood proof storage
(2,160 112) under the existing lormer (eslauranl building; providing for a gated entrance; providing for conlfltions; all on propa~y as
described hereh The Chair signed the Resolution on May 9, 2007, as a resutl of the Hearing held on April 11, 2007. This document has
aiso been transmitted to DCA lor Iheir review.
The Planning Department is required by the Monroe County Code to record all conditional use approvals after tile 3O-day appeal period has
expired. tn your case, the appeal pariod will end on approxlmately June 8, 2007. Belore the expiration of this period, you must send a
check to tile Planning Coordinalor In the amounf ot $69.50 payabte to Danny L Kolhage, Cierk 01 Circuil Cou~, and mail iI to The Planning
Coordinator, 279B Oversees HIghway, Suite 410, Marathon, Aorida, 33050-2227. The Planning Coordinator will then record the resolulion
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
immediatelll upon approval, and an appeal modified the resolution, a new resolution would have to be issued and recorded. The resulting
two proper/!I recorded resolutions couid complicate and cloUd the propa~y t<<ie.
Please be i~dvised that a building permn must be issued by the Monroe County Building Department prior to commencement of any
development or construction. It you have any questions, please do not hesitate to cail me at 289-2522.
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Enclosure
ee: Kings Pointe, LlC
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Plannine & Rnvironment:l.l Resources
DeDart~
2798 Overseas Highway, Suite 410
Marathon, FL 33050
Voice: (305) 289.2500
FAX: (305) 289-2536
County of Monroe
Growth Management Division
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,-: ... -,,;'-~<.
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JI/e strive to be carilzgJ professional andfar',.
Ir.\ {s ((" I;; il WI it; h'l
iliW.:S--~J!7-.- jL~II;\'
l'ff"11 MAY f 112007 iUII
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Board of Countv Commissioners
Mayor Mario Di Gennaro, Disl. 4
Mayor Pro Tern Dixie Spehar, Dist. 1
George Neugent, Dist. 2
Charles "Sonny" McCoy. Dis!. 3
Sylvia J. Murphy, Dis!. 5
May 11,. 2007
Donald Craig
The Clllig Company
P.O. 80:< 970
Key West, FL 3304t
RE: Kings Pointe Marina, LLC, Amendmantto a Major Conditional Use Application
Dear Mr. Clllig:
Enclosed is a copy of Planning Commission Resolution P21-D7tlled by Kings Pointe Marina, LLC, for an amendment to a major conditionai
use permit; nemoving an existing maintenance, sales office & tackle shop (2,870 fl'). bath house (1,232ft'), warehouse (9,800 fl~, dock
master building (680 ft'), and dry boat stolll99 building (30,090 ft~; constructing thirty _ two (32) new, attached market Illte units for
vacation rental use; adding two (2) new boat barns (53,040 fl2), Eight (8) Wet slips, a retail shop! dock masters office and bait house
including shower facilities (2,625 ft') intended for use by wet slip owners; conslrucUng an outdoor bar addition (735 ft2), flood proof storage
(2,160 f12') under the existing fonner restaurant building; providing for a gated entrance; providing tor conditions; all on property as
described herein. The Chair si9ned the Resolution on May 9, 2007, as a resuit of the Hearing held on April 11, 2007. This document has
also been transmitted to DCA for their review.
The Planning Departmant is required by the Monroe County Code to record ali conditional use approvals after the 3O.day appeal period has
expired. III your case, the appeal pariod will end on approximately June 8, 2007. Betore the expiralion of this pariod, you must send a
check to il,e Planning Coordinator in the amount at $69.50 payable to Danny L. Kolhage, Cierk of Circuit Court, and mail it 10 The Plannin9
Coordinator, 2798 Overseas Highway, Suite 410. Malllthon, Florida, 33050-2227. The Planning Coordinalor will then record the resollllion
in the Cleff, of the Court's offICe.
We do not record the resolution untii the 30-day appeal period is up for the protection of the appticant. If the Resolution was 10 be recorded
immediate~f upon approval, and an appeal modilled the resolution, a new resoiution would have to be issued and recorded. The resuiting
two properly recorded resolutions could complicate and cloud the property tiUe.
Please be advised that a building permit must be issued by the Monroe Counly Building Department prior to commencement of any
development or construclion. If you have any questions, please do not hesitate 10 call me at 289.2522.
Sincerely, , /J
~~~~cA::.-
Nicole Petrick
Planning Commission Coordinator
Enclosure
cc: Kings Pointe, LLC
PLANNING COMMISSION RESOLUTION NO. P2I-Q7
A RESOLUTION BY THE MONROE COUNTY PLANNlNG
COMMISSION APPROVING THE REQUEST BY KINGS
POINTE MARINA, LLC, FOR AN AMENDMENT TO A
MAJOR CONDITIONAL USE PERMIT; REMOVING AN
EXISTING MAINTENANCE, SALES OFFICE & TACKLE
SHOP (2,870 FT'), BATH HOUSE (1,232 fTZ), WAREHOUSE
(9,600 fTZ), DOCK MASTER BUILDING (660 fTZ), AND
DRY BOAT STORAGE BUILDING (30,090 fTZ);
CONSTRUCTING THIRTY - TWO (32) NEW, ATTACHED
MARKET RATE UNITS FOR VACATION RENTAL USE;
ADDING TWO (2) NEW BOAT BARNS (53,040 FP), EIGHT
(8) WET SLIPS, A RETAIL SHOPI DOCK MASTERS OFFICE
AND BAIT HOUSE INCLUDING SHOWER FACILITIES
(2,625 FT') INTENDED FOR USE BY WET SLIP OWNERS;
CONSTRUCTING AN OUTDOOR BAR ADDITION (735
py2), FLOOD PROOF STORAGE (2,160 FT') UNDER THE
EXISTING FORMER RESTAURANT BUJLDING ;
PROVIDING FOR A GATED ENTRANCE; PROVIDING FOR
CONDITIONS; ALL ON PROPERTY LEGALLY
DESCRIBED AS LOTS 1,2, 3 & ADJ BAY BOTTOM,
SQUARE 60; PART LOTS 1,2,3 & ADJ BAY BOTTOM,
SQUARE 61 PART MALONEY AVE VACATED & FILLED
BAY BOTTOM ADJACENT TO MALONEY AVE, & PART
ADJ PARCEL; UNIT J-4, J-6, J-9, J-ll, J-12, & 5152%
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 00]27430.000]01
THROUGH 00127430.000211, AT APPROXIMATE MILE
MARKER 5.
WHEREAS, during a regularly scheduled public meeting held on April II, 2007, the
Monroe: County Planning ComntissioJl conducted a review and consideration of the request filed
PlJ-07
Kings Pointe Marina
Amendnu:nt 10 a Major Conditional Use
Page J or8
by Kings Pointe Marina LLC for an amendment to a major conditional use pennit pursuant to
Monroe County Code (MCC) ~9.5.69; and
WHEREAS, the Applicant's predecessor in interest obtained a conditional use pemit for
:this property pursuant to Planning Commission Resolution 1'52.97 signed August ] 8, 1999 for
(he construction of twenty.two (22) at1ached pennanent market rale dwelling units; one (I)
!lwinuning pool; a 372 ft' pool house; a 120 ft' observation gazebo; a 22,000 ft' boat slorage
building; a 435 ft' addition to an existing 225 ft' dock master's office; a 1,670 ft' addition 10 an
,'xisling tackle shop and a 2,485 ft' 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 fl'), bath house (1,232 fl'),
warehouse (9,600 ft'), dock master building (660 fi'), and dry boat storage building (30,090 fl');
and CONSTRUCT thirty - two (32) new, attached market rate units for vacation rental use; add
two (2) new boat barns (53,040 fl'), Eight (8) Wet slips, a retail! dock masters office and bait
house including shower facilities (2,625 ft') intended for use by wet slip owners; an outdoor bar
addition (735 ft'); flood proof a storage area (2,160 ft') under the existing vacant restaurant
building, privatize a new operational restaurant and provide a gated entrance; and
and
WHEREAS, the subject properly 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
desiignation; and
WHEREAS, tbe item was heard al a regularly scheduled meeting of the Development
Review Committee on March 19, 2007; and
WHEREAS, the Planning Commission was presenled with tbe following evidence,
whicb by reference is bereby incolporated as part of the record of said hearing:
I) The Application for an Amendment to a Major Conditional Use received by tbe Monroe
County Planning and Environmental Resources Depamnent, including tbe plans and
surveys listed in attachment A;
2) The staff report prepared by Julianne Thomas, Planner dated April 2, 2007, with
attachments, said attachments including a Chapter 380 Agreement between Overseas
Redevelopment Company, Monroe County and the Florida Department of Community
Affairs, and a Memorandum dated March 10, 2007, to Andrew Trivette, Acting Director
ofGroWlh 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
P2l.07
Kings Po,iDle Marina
Amendl'Dl~nt 10 a Major Conditional Use
Page 2 of8
WHEREAS, the Planning Commission heard argument and explanation from Tim
Koenig, attorney for the Applicant; and
WHEREAS, advice and counsel were provided by Susan Grimsley, Assistant County
Attomey 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 foHows:
SI~. 9.5-65. Standards applicable to all conditional uses.
\Vhen 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;
(.0) The design of the proposed development minimizes adverse effects, including visual
impacts, or the proposed use on adjacent propenies;
(d) The proposed use will have an adverse effect on the value of surrounding properties;
(,,) 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 repon 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;
(b) Public access to public beaches and other waterfront areas is preserved as a pan of the
proposed development; and
(i) The proposed use complies with all additional standards imposed on it by the particular
provision of this chapter authorizing such use and by all other applicable requirements of
the Monroe County Code.
WHEREAS, the Planning Commission has determined that the application meets the
standards required in MCC g 9.S-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 Page 3 or8
Kings Pointe Marioa
Amendment 10 a Major Conditional Use
J. The 32 ROGO units, including developmenl rights, may be transferred according 10 tbe
lenns of the 380 Agreement from Overseas Redevelopment Company, LLC to tbe Kings
Pointe project according to the terms of thaI Agreemenl, which allows Iransfer after a
building permil is issued for the Alfordable Units 10 be buill at Overseas Trailer Park.
This transfer will provide compliance for MCC 99.5-120 and 99.5-265.
2. Vacation Rental Use is allowed because il is nol specitieally prohibited as il is in other
provisions of tbe MU zoning regulations, it can be regulated as part of this conditional
use process, and is tberefore 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 projecl is in compliance with Minimum Yards (MCC 99.5-281) as a variance requesl
was approved to reduce the front yard setback from twenty-five (25) feet 10 twenly (20)
feet for 260 feel of Ihe frontage along Peninsular Avenue as Slated in Planning
Commission Reso]ulion PI9-07.
4. The project is in compliance with Parking Standards (MCC 99.5-352) because a variance
request was approved reducing the number of off-street parking spaces from 322 spaces
to 272 spaces and approving this request as stated in Planning Commission Resolulion
P20.07 .
5. Pursuant to MCC 99.5-354, the property is required to have two (2) II' x 55' loading
and unloading zones.
6. Alfordable housing criteria pursuant to MCC 99.5-266 are met by the terms of the 380
Agreement requiring 49 units of Affordable Employee Housing 10 be built at property
commonly known as the Overseas Trailer Park, legally described as Lots 1-20, Ma]oney
Subdivision, Stock Island, Monroe County, Florida, having Rea] Estate Numhers:
00125350.000000 and 00125360.000100, according to the terms of the Agreement, over
riding any phasing requirements or simullaneous building at any location inclUding Kings
Pointe for purposes ofthis 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 resull in the loss of working waterfront.
The restaurant has nol been functional for several years, the boal ramp will be accessible
by the public, lhere 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
tbe Land Development Regulalions pursuanl to MCC 99.5-65(i) will be determined by
the Building Department upon subminal for a building permit 10 the Building
Department:
P2I-07
Kings Pointe Marina
Amendutent 10 a Major Conditional Use
Page 4 ofB
I) Floodplain Managemem (MCC ~~9.5-3] 6 & 3 J 7) ;
2) Outdoor lighting (MCC ~~9.5-391 - 393);
3) Handicap Accessibility (Chapter J], Florida Building Code);
4) Air lnslallation 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 I. The request by Kings Pointe Marina LLC for an amendment to a major conditional
use pennit for the following is APPROVED subject to the conditions in Section 2:
1. Removal of an existing maintenance, sales office & tackle shop (2,870 fl'), bath house (1,232
ft'), warehouse (9,600 ft'), dock master building (660 fl'), and dry boat storage building (30,090
fl')!.
2. Omsttuction of thirty - two (32) new, attached market rate units for vacation renlal use;
addition of two (2) new boat bams (53,040 f1'), Eight (8) Wet slips, a retail shop! dock masters
office and bail house including shower facilities (2,625 ft') intended for use by wet slip owners;
an outdoor bar addition (735 f1'), flood proof st01age (2,] 60 ft') under the existing restaurant and
a gllted entrance.
Section 2. The Approval is SUBJECT TO THE FOLLOWING CONDITIONS:
1. lfthe site is gated, the following conditions shall be met:
a. The gate shall be open, at a minimum, one (J) hour prior 10
sunrise and slay open until (J) hour past sunset to provide
for public access;
b. There shall be a nwnber 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
ofthe Fire Marsha! and other public safety interests;
P21.a'
Kings Poinle Marina
Amendment to a Major Conditional Use
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) ] I' X 55' loading and
unloading spaces for the nonresidential uses;
e. The site plan shall conform 10 the decisions of the Planning
Commission with regard to the parking and from yard
variances as determined in P19-07 and P20-07;
f. The following requests of the County's traffic engineer
shall be met: to sbow the design maneuverability through
the site and at the project driveway and to show clear site
visibility details at the access driveways;
Page S of8
" -_._-~..~
g. A building pennit for dwelling units at the Overseas Trailer
Park pursuant to the ORC 380 agreement shall be obtained
and provided to the Sr. Dir""tor of Planning &
Environmental Resources before the issuance of building
pennits for the residential units may be permitted at Kings
Pointe;
h. The proposed western access drive and curb cuts shall
r""eive approval from the County Engineer;
i. Compliance by the following agencies and corresponding
Sections of Code;
i. County Engineer shall determine compliance with
MCC ~ 9.5-293;
ii. TIle Florida Department of Health and the Key
West Resort Utility (KWRU) shall determine
compliance with ~ 9.5-294;
iii. Fire Marshal shall determine compliance with ~9.5-
69;
j. Boat Storage Buildings are limited to storage of boats;
k. The portion of boat barn floor area that does not exceed
50% of the sile's net buildable area is not governed by
NROGO and shall not be eligible for offsite transfer if the
boat bam 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)(1O)a.;
I. The flood plain management standards shall be met;
m. The site plan shall demonstrate that the energy and
conservation standards have been met including showing
where bicycle racks and scooter spaces will be placed On
site;
n. The outdoor lighting and applicable AICUZ standards in
effect at the time of the application for major conditional
use shall be met.
3. Prior to the issuance of aov C.O., the marina pump oUl 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 aller the completion of
the development per MCC ~ 9.5.349.
PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a regularly
meeting held on the Il'h day of April, 2007.
P21.07 Page 6 ofB
Kings Pointc Marina
Amendment to a Major Conditional Use
Signed this 9111 day of
P2.-07
Kings Pointe MariDa
AmendJrnenl to a Major Conditional Use
Chair Cameron
V ice Chair Wa/J
Commissioner Cales-Deal
Commissioner Popham
Commissioner Windle
Yes
Yes
Yes
No
Absent
PLANNING COMMISSION OF
::~
. es D. Cameron, Chair
,;t{ar ' 2007
BY
Page 70r8
Attachment A: PLANS REVIEWED
I. Boundary survey by R.E. Reese, dated 2-23-07, revised 3-12-07, received 3-12-07
2. Sile plan by WLW/LBR, Sheel S-I, dated 8/21/2006, revised 1-26-07, received 1-31-
07, signed & sealed 1-26-07
3. Townhomes Site plan by WLWILBR, Sheel S-2, daled 8/21/2006, revised 1-26-07
received 1-31-07, signed & sealed 1-26-07
4. Townhomes Site plan by WLWILBR, Sheet S-3, dated 8/21/2006, revised 1-26-07
received 1-31-07, signed & sealed 1-26-07
5. Building H, Peninsular Townhouses, 16 units, Sheer A-2, Typical Pod Plans, by Peter
M. Pike dated 1-24-07
6. Building H, Peninsular Townhouses, 16 units, Sheet A-3, Partial Elevations, by Peler
M. Pike dated 1-24-07
7. Building "C" Cove Side South 4 Units, No Sheet Number, by Peler M. Pike dated J-
24-07
8. Building "C" Cove Side Easl, 4 Units, No Sheel Number, by Peter M. Pike dated 1-
24-07
9. Building M, Marina Townhouses, 8 units, No Sheel Number, by Peter M. Pike dated
1-24-07
10. Sailfish Club, Ground Foundation Plan, Sheet A-2, by Peler M. Pike dated 1 -22-07
11. Sailfish Club, Electrical Plan, Sheet E-I, by Peter M. Pike dated 1-22-07
12. Barn "A" Floor Plan, Sheet A-2, by Peter M. Pike dated 10-14-06
13. Barn "B" Floor Plan, Sheel A-3, by Peter M. Pike dated 10- I 4-06
14. Office Floor Plan, Sheet A-4, by Peter M. Pike dated 10-14-06
15. Office Floor Plan, Sheet A-S, by Peter M. Pike dated 10-14-06
16. Office Elevation, Sheet A.6, by Peter M. Pike dated 10-14-06
17. Elevations, Boat BarnA, Sheet A-7, by Peter M. Pike dated 10-14-06
18. Elevations, Boat Barn B, Sheet A-8, by Peter M. Pike dated 10-14-06
19. Entry Sile Plan, Sheet 8-4, by WLW/LBR, dated 8/2112006, revised 1-26-07,
received 1-31-07
20. Entry Elevation, Sheet 8-5, by WL WILBR, daled 8/21/2006, revised 1-26-07,
received 1 -3 I -07
21. Landscape Plan, Sheet L-I, by WLW/LBR, dated 8/21/2006, revised 1-26-07,
received I -3 1-07
PlI-O)
Kings Pomre Marina
Amendmenllo a Major Conditional Use
Page 80fB
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