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02/16/2011 AgreementDANNY L. KOLHA GE CLERK OF THE CIRCUIT COURT DA TE: March 21, 2011 TO: Jerry Barnett, Director Project Management ATTN: Ann Riger Contracts Administrat or FROM: Pamela G. Hancoc At the February 16, 2011, Board of County Commissioner's meeting the Board granted approval and authorized execution of Item C9 Agreements for the Purchase of Lands to purchase four lots with a total of 25,000 square feet on Stock Island for the purpose of building a new fire station, as follows: 1) Steve Eid - 5671 MacDonald LLC; Kit Carson Smith - R &S of Key West, Inc.; and H -Try, LLC - Scott G. Oropeza for property described as Block 31, Lot 12, Stock Island, Maloney Subdivision, Plat Book 1 and Page 55 of the Public Records on Monroe County, Florida, RE #:00124460- 000000, in the amount of $170,000.00 and; 2) Kit Carson Smith - R &S of Key West, Inc.; H -Try, LLC - Scott G. Oropeza; and Steve Eid - 5671 MacDonald LLC for property described as Lot 13, 14 & 15, Block 31 of MacDonald's Plat of Stock Island according to the Plat thereof recorded in Plat Book 1 and Page 55 of the Public Records of Monroe County, Florida in the amount of $550,000.00. The Board granted approval of Exhibit A to the two contracts to purchase lands at the March 16, 2011 meeting. Enclosed are the original Agreements for the Purchase of Lands, as well as a disc with the appraisal, for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Attorney via e-mail w/o appraisal Finance File-/ ► T AGREEMENT FOR THE PURCHASE OF LANDS THIS AGREEMENT is made and entered into this day of 2011, is by and between 1) 5671 MACDONALD LLC 2) R i S of Key West, Inc. 3) WTRY LLC hereinafter style the Seller(s), for themselves, their heirs, executors, administrators, successors and assigns, and the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS (hereinafter, 'COUNTY'). WITNESSETH: 1. In consideration of Ten Dollars ($10.00) in hand, paid by the COUNTY, the receipt of which Is hereby acknowledged, the Seller(s) agree to sell to the COUNTY certain lands upon the terms and conditions hereinafter set forth, and for the prko of One Hundred Sixty -Eight Thousand Sewn Hundred and Fifty Thousand Dollars and No/Cents ( :168,750.00) for all of the lands and other interests, which lands shall include all tenements, hereditaments, together with all water and other rights, easements, appurtenances, and any and all of the Seller's rights in or arising by reason of ownership thereunto belonging, owned by them, situate and lying in the County of Monroe, State of Florida on Stock Island, more particularly described as follows; to-wit: Block 31, Lot 12, Stock Island Maloney Subdivision Plat Book 1 and page 55 of the Public Records of Monroe County, Florida. FJ 4X 2. The Sellers agree that the closing of this transaction is contingent upon simultaneous closing on the adjoining i::ots 13,14, and 15 to the COUNTY. 3. The Seller(s) agree that they have full right, power and authority to convey, and that they will convey to the COUNTY the fee simple title together with legal and practical access thereto clear, free and unencumbered, except subject to the following easements or reservations: Existing easements for canals, ditches, flumes, pipelines, railroads, public highways and roads, telephone, telegraph, power transmission lines and public utilities. The COUNTY, at the COUNTY'S expense, within the time alkrnred to deliver evidence of tide and to examine same, may have the real property surveyed and certified by a registered Florida surveyor. If the survey discloses encroachments on the real property or that improvements located thereon encroach on setback lines, easements, lands of others, or violate any restrictions, contract covenants, or applicable governmental regulations, the same shall constitute a title defect Seller(s) shall convey a marketable title subject only to the aforementioned liens, encumbrances, exceptions or qualifications set forth herein. Marketable title shall be determined according to applicable tide standards adopted by authority of the Florida Bar and In accordance with law. The COUNTY shall have sixty (60) days from receipt of an acceptable environmental site assessment in which to examine title. If title is found defective, the COUNTY shall, within this specified time period, notify Seller(s) in writing specifying defect(s). If the defect(s) render title unmarketable the Page 1 of 4 lz�E Sellers) will have one hundred twenty (120) days from receipt of notice within which to remove the defect(s), failing which the COUNTY shall have the option of either accepting the title as it then is or rescinding the contract herein; thereupon the COUNTY and the Sefler(s) shall release one another without liability to either party of all further obligations under this Agreement. The Seller(s) will, If title Is found unmarketable, use diligent effort to correct defect(s) in title within the time provided therefore, including the bringing of necessary suits. 4. Seller(s) acknowledge and agree that the two (2) dwelling units (DUs) lawfully allotted by the letter dated 11 -10 -2004 from the Director of Planning and Environmental Resources Department, attached hereto and made a part hereof as Exhibit A, shag pass to the County upon the purchase of Lot 12, RE #100124460- 000000. 5. The Seller(s) further agree not to do, or suffer others to do, any act by which the value or title to said lands may be diminished or encumbered. It is further agreed that any loss or damage occurring prior to the vesting of satisfactory title in the COUNTY by reasons of the unauthorized cutting or removal of products therefrom, or because of fire, shag be borne by the Seller(s); and that, in the event any such loss or damage occurs, the COUNTY may refuse, without liability, to accept conveyance of said lands, or it may elect to accept conveyance upon an equitable adjustment of the purchase price. 6. The Seller(s) further agree that during the period covered by this instrument officers and accredited agents of the COUNTY shall have at all proper times the unrestricted right and privilege to enter upon said lands for all proper and lawful purposes, including examination of said lands and the resources upon them. The Seller(s) hereby waive their rights to any and all claims against the COUNTY associated with, or arising from ownership of, said lands and this waiver shall survive closing. 7. The Seller(s) will execute and deliver upon demand of the proper officials and agents of the COUNTY a good and sufficient deed of warranty conveying to the COUNTY a safe title to the said lands of such character as to be satisfactory to the legal counsel of the COUNTY and said deed shall provide that the use, occupation and operation of the rights -of -way, easements and reservations retained therein, shall be subordinate to and subject to such rules and regulations as may be prescribed by the COUNTY governing the use, occupation, protection and administration of lands. 8. In consideration whereof the COUNTY agrees that it will purchase all of said lands and other Interests at the price of One Hundred Sixty -Eight Thousand Sewn Hundred and Fifty Thousand Dollars and No/Cents ($168,750.00) which will be paid by COUNTY at closing. Seller(s) hereby authorize COUNTY to issue a County check or warrant directly to an escrow agent who is authorized by law to receive such payment, and who is acceptable to COUNTY, and to require the escrow agent to pay Seller's expenses of sale and real estate taxes. Should COUNTY's funds not be available for any reason, COUNTY or Seller may elect to terminate this Agreement by written notice to the parties without liability to any party. Conveyance of the property in fee simple from Seller to County will take place at the closing, in exchange for the payments to be made to SELLER at closing as set forth in paragraph 8. The COUNTY shall pay the following expenses associated with the conveyance of the property. deed recording fees, settlement fees, abstract fees, title examination fees, the County's attorney's fees, and title insurance, as well as the prorata share of prepaid real property taxes allocatable to the period subsequent to the vesting of title in the COUNTY, or the effective date of possession of such real property by the same, whichever is earlier. The Sellers(s) shall pay the expenses of documentary Page 2 of 4 stamps to be affixed to the deed and the removal of trash, debris, and structures from the property, if any, the Sellers attorney fees, I any, and real estate commissions, if any. Full possession of the premises shah pass to the COUNTY as of the date payment is made to the Sellers) subject only to the reservations stated in Section 2 through Section 4 above. 9. It is mutually agreed that an abstract, title insurance policy or other evidence of title to the property herein contracted to be sold, satisfactory to the legal counsel of the COUNTY will be obtained by the COUNTY at its expense. The Seller(s) expressly agree herein to furnish to the COUNTY any documents in Selier(s)'s possession establishing evidence of title including, but not limited to, abstracts, title commitments, title policies and opinions of title. 10. This Agreement may not be assigned by any party without the prior written consent of the other parties. 11. It shall be the obligation of the Seller(s) to pay all taxes and assessments outstanding as Hens at the date tide vests of record in the COUNTY, whether or not such taxes and assessments are then due and payable. 12. It is mutually understood and agreed that notice of acceptance of this agreement shall be given to the Seller(s) by mail addressed to the Seller(s) at the following address: Mr. Stew Eid 5671 MacDonald LLC 20 Driftwood Drive Key West, FL 33040 Kit Canton Smith R if S of Key West, Inc. 2230 Harris Avenue Key Wea% FL 33040 H-TRY, LLC Scott G. Oropeza 815 Peacock Plaza Key West, FL 33040 and shall be effective upon date of mailing and shall be binding upon all of the Seller(s) without sending a separate notice to each, except as such obligation may be affected by the provisions of paragraph 6 hereof. 13. The property shall be delivered at closing free of any tenant or occupancy whatsoever. 14. The effective date of this agreement shall be that date when the last one of the Seller(s) and the COUNTY has signed this agreement. The Closing Date is April 25, 2011; closing date may be extended by written agreement between the parties. 15. The COUNTY shall have sixty (60) days from the effective date of this agreement in which to conduct an environmental site assessment to determine the existence and extent, if any, of any hazardous materials on the property. For the purposes of this agreement, "hazardous materials' shall mean any hazardous or toxic substance, material or waste of any kind or any other substance which is regulated by any environmental law. If the environmental site assessment identifies the presence of hazardous materials on the property, the COUNTY shall, within this specified time period, notify Seller(s) in writing of the findings. The Seller(s) will then have one hundred twenty (120) days from receipt of notice within which to pursue, at Seller(s)' sole cost and expense, any assessment, clean- up, and monitoring of the Property necessary to bring the Property into full compliance with any and all applicable federal, state or local laws, failing which the COUNTY shall have the option of either accepting the property as it then is or rescinding the contract herein; thereupon the COUNTY and the Seller(s) shall release one another of all further obligations under this Agreement. (Remainder of this Page Left Intentionally Blank) Page 3 of 4 16. If the Seller(s) Wish to proceed with this transaction, the Seller(s) have until February 11, 2011 to sign and return this contract to the COUNTY; subsequently, the contract will be presented to the Board of County Commissioners at the first available commission meeting pursuant to county policy. IN WITNESS WHEREOF, the Seller(s) have hereunto signed their names and affixed their respective seals on the day first above written, with the understanding that this Agreement for Purchase cannot be executed by the COUNTY until after it Is reported to it for its consideration, and therefore the Seller(s) for and In consideration of the Ten Dollars ($10.00) hereinabove acknowledge as received, have and do hereby grant unto the COUNTY or its aufrized representative, or any other office or agent of the COUNTY authorized to purchase said lands, the option and right to enter into this Agreement for Purchase within sixty (60) days from the execution thereof by the Seller(s), and to purchase said lands as herein provided. Seller(s) 1) 5671 MACDONALD LLC 2) R A S of Key West, Inc. 3) H -TRY LLC Sire ofd for 5671 MwDondd LLC Date SocW Security Number Phone Number Print Nsms ,Y Donald LLC r Z- 2) /� ,�5 Zy �1q� Sign re of M for R and S Key Wee Irk. Date Social Security Number Phone Number PrinZ� d agent for R and S d Key West, Inc. Sign d nt PTr1► Date Soow Security Number Phone Number PrInt of agent for H - LLC MONA009UNTY, acting by and through its Board ol County Corpm ssioners, has executed this aw"Te #. of the MONROE COUNTY this 14 tft day of - .2011. (SEAL) Attest: DANNY L. KOLHAGE, Clerk - J' Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE BOUNTY, FLORIDA B y . Date: �c� / 4, z• , i MONRf3E COUNTY ATTORNEY APPROVED AS TO FOAM: A ' JNATILEENE W. CASSEL A SISTANT COUNTY ATTORNEY Date ; —/ 4 � f Page 4 of 4 S14--Z- Pl +YNIN6 DEPT 3WO M 2movown 1q 0." M" to Tak v wm(xom.nn 0 01mks o FAX: CML Ma November 106 2004 Mr. Idt Gran 5671 Me Domdd Ave. KOY WON. FL33041 SWAAM PR AMJCATION llt>FrMo LWM OR UNDlE�ri p FOR LOTS 9, 1,13 -fir 19 M1D 34 =AM 31. VOCK RM MAT!< NUMMM 001243 l1M.�IIMM AI D IBI.�ND` AND AND 001?A476 OMM AND IIU4M p� Dear Mr. Carwo, " "' 1 1 * Sacdoe 9-1 of Wo Moetoe C C,4 tlde doM=wl drop and On Wooer 2a, M4. a �apPl� coo =ce repro ==do= a lady of wr bold ISO* Moetve Ca" PI=Wng and BrAn t omd >Rmsorteae Dopmovem in itaiaret W �, ft focl W cat' ProP�y O*v ; Mr. Steve EK W Bntoe tm �°d tad b r the " mod Ani Ptrmat Review, Andrew Td"M% Sadw Biel XK and Bet W rob► tdened to a. "StOW hr the Plaming Dep.ruosofj. M"wIG a Prumtmd prier to am maaedaD bdg" 1) i codmam m9ow form; and 21 Boundary S tack q of Hloc* 31 tote 9. 1Z lo . Llg6 19 and 20 of the MWOMY S located ae Stale blood: led 4; s1 01 the Ptel� Site Plan tnr m do mod PMP" Reoard Cult for the subject Paraab doled 2004; led Record of Coda Enfav=UM Violatioee pxpered by per, DOWIhID %am hopegpr and " 0f Uederaaa Wmqovab written for the tease wile and dattd laeuar7 23, 20Q3. Pw l M AWM DEPT At d* Pre- applloadtu sedlo &C h&ndq lhmf were dbc=W aadh, ngt�eed ttpe�r 1 ) Tb• ""anal le.iaftme d y dig the (6) d rte eight (8) ta=ietlag sp MOW unit,. thirbea (13) tnila bomp and $b t b *m� m � and 021 -4443 I �r wt boea � in � I d = CM &WliM ulft :Cmf hm* tlaee C23) WWd dwdl* = ad teems one i m °°ept O Mdd=w wa 1Le g dweWt� nWb.in be stmctm fm A000ft to the Pmpmy L laoted�tled site on tie pntpeptlr is h� �A00 MR= iseL I'!te ProM ed a, Bb* 34 lial addt•ss 3671 sod 5611 Nbd3oadd Area* and b !timber hwK 9, 1% 13- 16,-19. 20. P3 1.64 Maim, ZWkg lnoo, Sim* 00124470 oW C0 Plodda. The Real BetO N=*@n an W1243XMMD 00, 0 0�Q, 00124460.OMM and 00121430.000000, 3) receive sa � MOM da trative lnletpcetodon A3-= (dUed 1Ql:Z?*=) a iaadowasr will "owing %a m the ROOO vbcation qMM d bi@Aw prop wo areas the • L "Y "hWidod a Pamir Of otter hr the aMdd ePpwial f 1% Dividoa of Orowth tacit; or • Coeated is RO0O and 2010 u wn in ezislmcs "d included in 1990 — pod c8um pod do the naWeutial units) s 71 as used So dourndm • Tea oths residetedsl Oahe that is do bases a[RO0O; sad wed b establish tbnt � b dw MOMM mn be • Ae" Pia showing the spwclms is • '�h' Prop�7 r000td rar+d �teaos P� b 1 9th or 1986; or >�6owmg of rite Gait or Door &M prior to • Utility records tan' the perW 1986-1991 that SWW the ass being raved. Pale2d11 t� fo nrAq g table lists the *=tam thet the applit W is seeking a won � as to their bw fW abbl . PLA MN8 DEFT Ptusnaat 10 3ecdioo 934(D -31) MCC, the d9ft1doa of a dwsift uait is ass (1) ar = a 00 s Phyekauy ar mpd fo qua boaaabbept etatabiisbmem 10r �y w� a toild >bdlides. The abbernisdon DU shall man "d jvdlta8 �� (1) ILs A Depwamm bas dckmdaed tho tbeeS are nmim (19) Lwlldly establiahed dwa to waits loobd an the sobjoct site and tb NROQO ==W !loot area of 7937 C3) oosmr VW Wu t m havh eat Whh this are oatibmd btdow: �n !hat. Tyd methodokW and dcamatb used to � l� � c �� � job sad 20, $ lbmd to inro meo (0) Sgt Loot otoommettdai. " This °0 is a "� w� 3,163 record cods, udlity records and a sios visit cmducoed a band ae a s ates of propery a At ik t of do Pit� larm Dapm� Ma , ft Flo KM Agmmbw aid lob ad do dam gmWadmL i sus ac�ooaat was scdv ed.aad the W tW daos of wdndoo is 1957. Cmmt sad hia0dW MR& Shaw 00 rotldsatd 300116 saftated !lot said lob. o There see ao palmist that docnut tee areas Of bistWW nuarber of mile on dw pa ceL t ° Td 2004 PmDeetf eeoord and iadicalss tttaat oalp two see located a said lob and book. an listed se osmmwci@L Hawom. tea wucmrs stdstin= BW Phu allows thst a d" ruddsoM strocun is looted an Lot 19. Tbaea am no recasds of tb adaomoe is the C4umW's paopn�► � �4► �. o aAerisiatlo v °0 as Novem is tbsra4una desmsd ra W&L S. 20% peowd test ooae d do eAstio8 Wftmdlae�PwA&d b � F C o A nd thedal anaaadlela me • 0012/330.00 000 b MW locmd a Red fly Number . 1 1" (5) rettidaatiai wsib. 'aidediat and is abdivided into . 1U WWdmmsa saucbpa was built Is 1948 sad wu used am 7 dmet s that lhoab MaDoaald Avenue so pomssa a 00 but a Pam was ow"raed into two (3) doaUiM md%L The agues wu ased a a health slide sad a Cttbm rsh" caster and wu built in 1943. 0 In condusiaa, oaiy two (2) of ON three (3) Wuearaa that auremly exist an this p atabibircd !bass two (2) strudom Wm far c fore, 5-183 Pub and was udmvlbllr converted oft USIDdally used � square feet of comm fcid apace 4 deemed Noe- residaalial ROGO taumpt and is permitkd to be mbuik or traaddeaed to aoodrer site. Real Estate Nnmbm 0012A470MOOK lots 13.14 is UWW to have twelve (23) lawfully established residential dwelliud units and 2734 square feet of NRt)CO eZ8n4A floor area. ftp3d 12iz9 /zea 111:09 385-289 -2536 PLANNI PAGE 05 ° I' 1974 popftq record card liar and pond WICK" that on. (1) of the pve nay be sera was wed irtmonomw Pp.... r* koae MKDoMW Avenns and is ww hou for dr mobile home psdt's propsrtp 1080n8ar. R otla Variety Sears and wa aomrerted ink a nsddmdd dwell y� die bums of a permit, ' 77 X sauces shell not be eoanbd as a lawlaj eatabliaMd "UfL l`Iowerer. its 170ar ores of 2.754 % mrs beet (at dqftankned 2004 and 1992 pwpwq record cards) is deemed Np=o UOMPL o Permit A 5311 doled wy 24 1979 ' TU Pam* archoriees the replaormem cf throe (3) trdkm ft Lot 13 0 pert of Lot 16. A dk pins Mae iodttded sad is draws for lot! 9 sad • The 1979 nits pies indl Ulm that on lob 13 -16 thins as iiaur (4) apm um m anise that eadsled an die site at the teen the peraaat was leaned. 5 ft as W i p� ,a W°�de match moss ' TbS am'o. m kw"Y sedWiahft &r (4) d„egJMS aaM as o Ptah SS72 dated My 18.1979 ' 7be iumb andwrhtam elacMcai work tt v d8htess (28) 100 amp sarvt w mad subhods be a+s" tta0ers. A sib Pbs wits ieduded nsd is drm for lots 9-16. ' MW Posen and site plan bdicmm that the %beftl as "Mice ,pry iatssdad eo sss+►los **a (16) nubile Games that were leased on dw ' 90' hM 61 0 A Pun* swLb is es � (8) °0b� soma an add pmrod. This sweaty edid an ft p ,tae ��,� (�p� hoe. m�iee chst heal m 00 La 9, is * to bwe Ave esta (3) In,rfdly blished o Permit sS72 dabd fitly 10.1979 ' lU Parrat mmorim dectrial Wft for deft= = (18) 100 amp service ,nd subhmb 1W ondle traikm A sits Plan was inducted sod is draws tier lob 9-16. ' The 1979 site plan "Carom c h t a L49 9, there us two homes, W" =raeponds to the number - of mobOs homes a Using on ' 1%0 Pmt aidsb to lawfully c4tditbl% two (2) dwding oats on this P+rmL o Permit Sa 10000S74 dated March 31.19W ' 'n' Permit audronizes tU uprade of ekctri saMca to ere esistind Va"D etat butidbg Navin j four (4) snits. FAp4ottt R NIN6 DEPT ?ha 1988 sib plea indkolm that the stracto= NO font (4) nom, boanver a sill vidi on November I 2004, po"d that the eftemn wee divided into thee• (3) mill. � throe (3) dwegbg u ft thin � L ssaests m IaU�lrlty p� � 00 unitL Q, Lot 12, L tbnad to lave two (Z) lawtlulh► o Permit A4315 dated Map 24.1979 • removal of a■e ( tr � � Mm (3) oubm and the BQ to Number. . ) prrt of Wt 16 tint said ttal • 7U 1979 sill plan in Lot lola 9, 12.16 and bates that two (2) mobiis homes are located can lot 12. o Permit 5572 dated July 141979 ' 7% lam suthsr#res dod*w wart Lot d& m (18) 100 and emriose and subbods hr cosies ftWkm 7U 19 for lots 9-16 that on Lot 12 there are ' w wrmA ' co mae�ei Boor s raS ndim me o mbar of law�ly eat�e Hdad all dit emits wd n r ROM lv„ 1 �e �' . I Lmvm ftw ftuare 4) Im"ad b MCC 93 -268, do ow neA of land apoa which a home Used r a prindple mdd dwelling .0 a a on d o ef3ectlw date of this � to the e�ffidi�e dab of the plan was lawDsl on thM s� suit is eaisosooe o the � � � of on (1) �8oi mil fo each f " thl ProP Ws land use d lIdd is not may M O U " dwU!ling OWN cn do sPPBcsbls Dar lids devebpment She that be" bees lawfully estebliehed. This Poti of the Code mhie only to residential a mcu we% the mmme dd Door am is raidmW rem el trt. Ia �►, IWicsat nosy Perm the following dsvdopmeat opdoae: • 1 as is P aWt%d to a80SSM heal 1400 Numbae 00324350.000000, �M 00124 460.000000 and 00124470.000000 (lots 9, 12. 13 - 16) ead construct uhwftn (19) dwdllsj w, pw 5 ail 11 PLAMINti DEPT • Real FJtaot Ntm*w 00124S30.0000M iota 19 and 20, coif du zero (0) dm ft uiib' ' 1710 eppbca� dWI acquire a ROGO aDocatioi or T�attebr of ROOD Mmmpdom d ��) it �► wlsb to proceed with ooct ft dwdlbs OWN on this p oboe of rise 5) rm MORUI Comfy land Use DbWd Map indkdea an property is loafed is tbs Ucbaa Reddw" 1"ib Hama MIA) lad uee dia4bt. 1W pqWty p alm* Land Use Map (FI,I111t1) distddct ie Mixed Usel�ComasercLt (I Th. WHOM wee iatbCmad that th0 � of the =is&& mobil0 homy and uiUa with mold -may darollbs� Units id cot Pmd"d it ft URN land ua0 drip. Staft r0000lmends a land nee MW ( Ro■t URM to Misoed Un PAr), which applioW to caslddee nedevelOpium of the property wits mw commeedd and/or sold- fasdly atcucum Coot.tucd= at mold -h1* dw MOS troua is pasmdtled as a males oondidoauii un is the MU land an dietdd. The teduveiopmaat 40 is located on BIN* 31 of do Maloney Sabdiviaion and dw Hlodt couWns a mismne of URN and MU lob. Lots 7, 4, 10 add 11 cats des*msed MU aid lob 1 WOVO 4 9, and lob U thcouo 20 ana dae*mftd a UML MW MU boundary was =MOM to iadwb lots 7, 8, 10 1 101111 of Blaiit 31 Mmuo a land m soap am=Wd appnovsd via Hoard of Cm" CaMMMIon Reeoludop Number 783-1989, dated Decaober 13, 1989. Attached is a Dopy of do land par district mcadmeM map, sheet number 576, wbM Mu *um dw diets W bow*W Bias 6) Up �oilahsd�aad w b MU, tits smil � oonitcial Hoar ams Owwth Otdiaamsa (NA000) s A boom In dw aoso�t a aoamima Roos wa- pester than that wblck hr bass lawfbily eatabliahed foe this sits. amount &"" NROOO Based as 3edioe 9- S- 124A(bl an masimua of & " " — d non - etdd Boor area that cm be 911000M for any on aft is Z= squaw bet. The ooammieteiai app my do be demolided and Uandsrred to an eliBm ncwvw aita sooalft to the aback listed in Sedou 95 -1U.3 MM The am*"* of lawlllUy matablis6ed aadmnsMM Rom am is 7.937 agvw fas% as detecma by Maome Commy property i smil Cank utility mcotda cad histo kW Tfis ied0velopmmt po'md d for ibs kv&A oommeeddd poor a s b a foilowr n No Floor Ara Ratio ( FAR) is listed far URM desipmed MVaft 1U laud use Mrict Blows low and saedimm intaoaily ON up to 2,iW " feet as a major coclditbnd uas. hided that to P■td at lead on whicb the mmmerdal cavil use L to be located abut. 113-1. lu ezk ft aotimeed d proputy it conddaW a u- cocdoemi we din us t0 its location no off of t13. 3edion 9 .3 -143 of dsa MCC slaw dw non -confo uses continue apnea ft wilt ordinary repair, bat the use may sot be �� may or be chasW to atq other use (i.e. a diffemaj a ; P�ed. relocated 4a s conforma to the providcm of the land nae distdo in which it ib use), walesa tbs now use Pop bo111 ..� _ . FLAMING DEPT 710 end XU d p y P=dtl ZSW M *0 of low UW medl= inoeMI --.d.l nag ad than 1 0 M �' COOS Moor area that b eabr p than ?,500 OPM het but ,000 sgum feet is pawl"ed Y A minor ooadidUd us% provided that the Parod is aceeaable to US.1 by way of an edstLg cub cut, aipallad ia�brsectioa or a curb cut do is separabd from any other cwb cut ao the wee side of US-1 by al leant Poor hundred feet. 8) The apptlesty wa htf wW that the opm *ft regoitemW for both Mixed Use nd Urba Reddmdd Mobile Home lead use ditorkts is twaaty (20) Perew of the sw*d lOpei 2 OM assn as Wad in nctioee 93-26Z As defined by SwAioa 95.4 (0-31 MCC open space means that portion of nay p=W or nw of lead or water w" is inquired b be a dabind am& that the on with Us bo aododw b open and unobatrucled ftnm the to the � t the sky. bb MW M*gCkS an addrarad liter is � � q~a' 'I7r � � ndo weet n ow� space re9�t for, the proj«x b 10,000 sgrdn ibet NW is a a lcu d w 50.000 (glow area of nit.) • 0.20 (open specs redo) - 10,000 spare feet of open space 9 ) T% applicant wan 'domed that the aide yard o tb & floc fir Urbast RaaideMW Mob& Hoar (UR1d) laed aw dtetrid is a taioimota Mobbed told of Melt (M oak wilt, a mbfmua aide yard wtbadt of an (5) baL Mw frost and ter yard setbaeb sre both tea (10) bet secs u aft 's Sedioa 93 -281 of the MM Tha 600 yard is detormbwd by the a Wmn of the perm NO the 00moldty cJwW er The wbmittad nib plae is not dmm to sale sod then&m the ngnited aetbacb MUM be v � b l Wft for A aoadidoad un or building pm* the The apWiptat wa it fornmad that for attached b mdq is the Miffed Use (MU) land uaa dil id the aids yard se6wb are not applicable The boat yard eat back is twenty five (29) fat sad the rear yard setback b twenty PM feet a shred in Section 9.5 -281 of the MCC. 10 ) The applicant wan informed that multi -hn* davWopmsnb mom 15 off MW parking apace Per unit and 2.0 Off street parking qw= per single bandy bone. u stated in don 3ea 95 - 352 MCC, Parking not be lo¢aead is do regeitr d setba ft no site pla shell be revised to Moab the location for off dn* parking to accosamodate the revised number of dw►oUft units, If the applieaW moves 6orwnd with fir coanmmW mdevetopcacjv. tban 3J spaces of off street parking Per 1,000 Mum bet Of grog BOW am of CCU naercial space shag be inconponted into the revised site plea along with bsudleap Parkin=. Pop 7 of 11 -- PL,1WNG MPT i l) 'rte to in- applicant W" blfwe the We mubject 00 Flood 10=m" � POP" = A&9 good aofe as tadicnnped Ow a non MAP t ' � pad 1721L Pu=W to Secdoa 9S- 317(bxl),. Pmmt b 3OWM 95-4(5 -191, me&= L dues which b7 defloida a , ft coat d wbfch �►tr+ncfioa or improvement of nudmt value d the Omct ry de= mind t o OM Pd d the peadesttocdoa County, tbma the Dalmlad Done � Onlom d the Tam; Ameumor d Maus m"0ww°�- mh 18 Seedoe 9.3- laoMortaaaae with the mpa plain the e�dstisg mtrn� to �� o � �u OW sabstaot+mi improvemetat made hoyr�mver ahoald therm be nay am be brought into =Ma a with all mmtdow,of the MCC. , � mhuuu:c a6,q 12) In appliamt wit Wagmd tbat new oomft dm or enbmpga d of My casoaaeroW, tndwttl#1 or other nmmd&MW mlrudwu wM a zoaae M -3Q All mA.AH (the mppllaat b In as A13 >ooaa) on t6 oonmmutoWS Dodd ineuaanco ratiaD MW OUMj diall hmve the kwmg floor (hadudbag bammum) aisvamad to of above the base Good level ocr, toodw widk aftwh mm adllq and =*M ddHdet, be &OPed so ttwt below tea base flood level the *"Mm is watetLdght wM aalb b to de pomp of WUW mad wM aotadural ooaap MVM having; the hydrody=mic loads add dlxb of buoys". b7►dmouatb and 1be RWUC at eras h dw med dW purauaot to Sactloo 9J 317(bXl)d. of tbe MCC, qr "p below the lowaat Door of an elavmted WICUM01 u to a modWw hoeam„ AMU be nmed endow M eau be built to a nwadm un d two hvmd � �� round Doer �h-� (� agoame teat wing ninsty-nime (2" m 1 WE he dwg P�� of an eadoud area d atoms than two bnadt+cd odY be aimed wits mereea or lmtdce. 13) The applkW was Wmmmd that dus to the unique *.=a of ]and use &MM mmvar l b °� A 4w "C" buffirw� be ��' d All of the nq�dn+md baDbrs mhmli be clams "C" 110 width ari11 ON Vey is olds tra■a tae (1p) iba to twenty Dye (?� ttsat. the buffir. 1U dmt* �amiae the amonat d mqubW vepta . b be pl..W WIN. maja,tty Of 1,od an didd t boundaries ats home URM b MU. run omw 81=9 the wytM ad moudism Y lieu of lot alomtmata (19), ,long t1w aoadwu of both lo brows u lob dlb*m tm � am "U prPWrtYf ti lined the lots PKcd and lrvalvs (1� em well u operCj nes b nine (9) "C" boundary W* is r,quimdd ,oaf a line at lot floe it Another dam Wondery between URM and UC land uu W'oPe�f of let mina (9) as thin u a Mquicameat as u Ws is s �lY =nplez buffer P" m btt!!br Placement Staff hit prepared a basic corm.'t Plaosroent of MIN buff M (eat MMWj d boflbt MP) mV �aY1nf do tap l o` 11 PLA NINE DEPT 14) T Uapplicant Was iafoemad that for a mjm inciodhag des; or OM � apaoe9 a a lot Plm mgnired. &..W, NOt = C=* Coda. does sot coettda Ping standard for the land uas distM of UM and therefore non shall be m9Wnd in this instances. 15) The applicant was We=ed that a stomtwatar mOOagasmsat plan moat be coa#dW and � I my appliCatios for da7*PM& Thin PI slap be reviamA by the Bamu mu atafi for compliance with cmest scorn mtw managtimsed codes. 16) Ths appikast wsa lnfotmed that street tram world not be tegwhad at the iakmd roads ba =AWI oed by Mmw Comety and MaeWbre WM not mgwm stma (12) hest fs P� of aedaa dmp ors (1) street U14 natives canopy, of at last tnrotvs hei* 2W lie IsWred floc any 100 60 of tad & tW 1 ...The *arm odi m of the United states Plat and Wilma HabIW L bft for momm County does cent is WO any of the paarsis sabjeet pa this proposd as babiN nand, . � United stab. � a" Waa saevlo. wW am mew a & b�dfas permit. on ftm Pamela. regrind to oeWs U tea pop" is anbJeat to a oondid"d U mppmva% tW Cms iasdon is empowered =der OF Section 93.43 b modityr or davy my appUcalm bmW an their review of the teart c�ompilaooe widO 49 I D� ed d welo pwo % t s ft cor d aurrouadin3 proper" sad C�ommisa n med the �mpaeheattive Plc.. Ice Section 9s-6S Flaming impaola as the mmmwty Am end cOsd with Fund to =Wdar all aapacta of tba davatapmank Smak obj*Wvw and stud" of the pimo anti bed3nf - Ming e000didond uas appeoval, appewd wld eonditiaar at dOM of a � �� � �itlae for se�tb«dr w.ivas detailed in thr LOU an appaoval. DLactor ooadfdamal sea mviea► and PwUmt to 3ectlan 9.3-43 of the Mooroa County Ltad Devdoptteat AeSdadons p m LDRs ammed yom 00 fqd na � tloms set forth in this letter of a: aoata�ts Ue 9 the Plan of LD� aawded the not no �ft m the eater CQUImm Pte► adkr roject �P be repaired to be witb au We% objectives mod abndarda st the time of development apprord. The admowbdps that all items mgokW part a s AMIICatlm for d OW not have bees addressed at the 00*w 28, MN meeting„ and this l ti dY Asmy relied d& for s"� de . OO® a& Tile information pravidsd is spats, with the psevloas ditdsam M far a period of three yeas, The wt � is � m f 7 �►kN► and reaffirm the npraestatioas Pap 9 of 11 PUNNING DEPT We um dw " Wotmatkm is of assi3l M. g bst�a thk ktoer, or it ara MY �� � You q=6= ndprding the =gem of 11[mdw Xay of &Z et M M25M• 1 P te. please fed ftas to eoat■ct ow simmly your. X /14ak44i &C04An, IL Mid= Co=way. Munb MW W M Dorrumw C6 Ef"n MW A Mmiw oul • mcdaw. MCP. D1rWm or go�vt� Maas Andmw Tdv a ft °f DcvdOP W Ravim Sadwzbk aaprr. Flamer Rdph Ooaldr, 8r. A&o a BwitotmeaW Resomm Roads NornW4 DIMW of Cods ad tit pap 10 of 11 op • KAVING MPT F- a rrrrrrrrr�!rr rdprom a • • t • Mole �o 41D m ■ff•fftl•ff M f� L 16 1 IS •sfs r�s•sssf i I+ ABM rs f :sss 1♦♦ fs + af* r ♦` �fwss� as f t ti.,s,r,l .• N Me l U aar s1 ur..• e�ryt IasNsr y /MNatM obsN aM aww" 1 to Mend z avlaft. irlally •N�a�t� w ft,war ila • is tld• lots 9r10 i u t dl �NaII 57�� � i nland N 4! t�Otx Aat�Mw 7 �3 -19th r N 1 Z00• MA*INS DEPT -44 lb.7- N � .9 10 APPRAISAL OF KEY WEST February 9, 2011 Mr. Jerry A. Barnett, Director Project Management Department Monroe County 1100 Simonton Street Key West, Florida 33040 RE: Appraisal Report Vacant Land With Entitlements CjO • 3229Flagler Avenue, Suite #101 Key West, Florida 33040 Telephone: (305) 296 -4568 Fax: (305) 296 -0493 Website: (la- keysappraisals.com Email: jim(n tla- keysappraisals.com Former Sun Haven Trailer Park 5671 MacDonald Avenue Lots 12 to 15, Block 31, Stock Island Maloney Sub PB -1 PG -55 Stock Island, Florida 33040 Our File No.: 110 -11 Dear Mr. Barnett: I performed a self - contained appraisal assignment and estimate of the "As Is" Market Value of the Fee Simple Estate for the above referenced property. A site visit was made on February 1, 2011. The attached Self - Contained Appraisal Report has been prepared to comply with my understanding of the requirements of the Uniform Standards of Professional Appraisal Practice. The reader is advised to review the Scope of Work section within this report, Part IV. The subject property consists of four contiguous, vacant, scarified lots fronting on the northerly side MacDonald Avenue. The property contains a total of 25,000 square feet with 200 feet of street frontage on MacDonald Avenue. Currently, the subject property is not encumbered by any leases. A survey, that also includes other lots, was provided; however, the date and preparer are unknown. I was provided with a letter from Mr. Townsley Schwab, Director of Planning and Environmental Resources, dated December 17, 2010, which confirms the pro -rated development rights for the subject Lots 13 -15, Block 31 of Maloney Subdivision based on a prior Pre - application Meeting Letter Of Understanding (PMLOU) for Lots 9, 12, 13 -16, 19 and 20, Block 31, dated November 10, 2004. Per Mr. Schwab the subject Lots 13 -15 have the pro -rated entitlements of 3 ROGO exemptions per lot and 688.5 square feet of NROGO exemption per lot. Thus, these three lots have entitlements for a total of 9 ROGOs and 2,065 square feet of NROGO exemptions. According to the prior PMLOU, Lot 12 has 2 ROGO exemptions. Therefore, the total entitlements are I 1 ROGOs and 2,065 square feet of NROGO • Mr. Jerry A. Barnett, Director Project Management Dept; Monroe County February 8, 2011 Page 2 exemptions. Due to the ownership entities are the separate sales contracts, the client has requested that I value the subject property as Subject Property"A"Lot 12,Block 31,Stock Island Maloney Subdivision PB-1, PG-55, while Subject Property "B" encompasses Lots 13-15, Block 31, Stock Island Maloney Subdivision PB-1, PG-55. I have considered the recent Pro-Ration of Entitlements letter and the prior Pre-application Meeting Letter Of Understanding (PMLOU) from the Monroe County Growth Management Division in my valuation of the subject property. The Pro-Ration Letter and PMLOU have reported the dwelling units exemptions allotted to the Real Estate Numbers(RE) as follows: Development RiEhts Per Monroe County Letter of Development Rights Determination No.ROGO Exempt Pass) Luts Red Fa tabs Number Alternate Key liolb }jar Area(St) A 12 UU1243604/01$JUU 1158585 2 U B 13-1S(Excl.16),00124470-90000U 1158593 [ 9 2.065 5 Futile 11 2,065 According to Mr. Jerry Barnett, all of the subject ROGO entitlements are market rate units and do not have to be affordable units. The total site area for the subject property was taken from the Monroe County Property Appraiser's Record and confirmed with our calculations. The legal description was taken from the warranty deed in the County Public Records. The gross building area for the former improvements (NROGO entitlements)was referenced from the recent Pro-Rations letter and prior PMLOU. Any deviations from the sizes for each parcel could result in a change in value. If and when, a more detailed survey for the subject property is made available,noting changes in the measurements used in this report,the appraisers reserve the right to change the final value. Any maps or plats reproduced in this report are intended only for the purpose of showing spatial relationships. They are not measured maps, and no responsibility for cartographic or surveying errors is assumed. This report contains the results of our investigation and analysis made in order to furnish an estimate of the"As Is"Market Value of the Fee Simple Interest of the properties described herein. The Fee Simple Interest is the unencumbered value of the subject property; basically, market rents and terms are considered with no regard to existing leases and terms. The Leased Fee Interest is an ownership interest held by the landlord, who conveys the rights of use and occupancy to a tenant by lease. The landlord's rights include the right to receive rent and the right of possession at the end ofthe lease period.There are no long-term leases encumbering the subject property, Mr. Jerry A. Barnett, Director Project Management Dept; Monroe County February 8, 2011 Page 3 therefore, a Leased Fee valuation is not - applicable; hence, the Fee Simple Estate Interest valuation was considered herein. Based on market analysis, visitation and research, it is my opinion that the "As Is " Market Value of the Fee Simple Estate of Subject Property "A ", vacant land with entitlements, commonly known as the former Sun Haven Trailer Park, located at 5671 MacDonald Avenue, specifically, Lots 12, Block 31, Stock Island Maloney Subdivision Plat Book 1, Page 55, Stock Island, Florida, subject to development rights of the Recent Entitlement Pro - Ration Letter and prior Pre - Application Meeting Letter of Understanding (PMLOU) for 2 ROGO market rate dwelling units, and also subject to the definitions, assumptions and limiting conditions, as of February 1, 2011 is: ONE HUNDRED SEVENTY THOUSAND DOLLARS ($170,000) In addition, Based on market analysis, visitation and research, it is my opinion that the "As Is " Market Value of the Fee Simple Estate of Subject Property "B ", vacant land with entitlements, commonly known as the former Sun Haven Trailer Park, located at 5671 MacDonald Avenue, specifically, Lots 13 -15, Block 31, Stock Island Maloney Subdivision Plat Book 1, Page 55, Stock Island, Florida, subject to development rights ofthe Recent Entitlement Pro - Ration Letter and prior Pre - Application Meeting Letter of Understanding (PMLOU) for 9 ROGO market rate dwelling units, and 2,065 square feet of commercial floor area exempt from NROGO and also subject to the definitions, assumptions and limiting conditions, as of February 1, 2011 is: FIVE HUNDRED FIFTY THOUSAND DOLLARS ($550,000) This confidential report was prepared for the sole use of and benefits of the County of Monroe, Florida. This report is provided for informational purposes only to third parties authorized to receive it. The appraiser - client relationship is with Monroe County as the client. This report should not be used for any purpose other than to understand the information available to the Bank concerning this property. Appraisal Company of Key West assumes no responsibility if this report is used in any other manner. Mr. Jerry A. Barnett, Director Project Management Dept; Monroe County February 8, 2011 Page 4 A Summary of Facts and Conclusions is provided in the Gont of this report. The Assumptions and Limiting Conditions may be found in Section I, followed by the Certification of Value in Section II. If you have any questions regarding this appraisal report, please feel Gee to contact me. Thank you for giving me the opportunity to provide this service for you. This transmittal letter must remain attached to the report, which contains 102 pages including related exhibits, in order for the value opinion set forth to be considered valid. Respectfully submitted, S James E. Wilson, MRICS, President St. Cert. Gen. REA License No. RZ 2164 Report Attached: C:AComm -] 1 \110 -11 \Comm - 110- 1l.wpd .t I " AGREEMENT FOR THE PURCHASE OF LANDS THIS AGREEMENT is made and entered into this ���` day of and between - w�..✓�.� ,2011, is by 1) 3671 <MACDONALD LLC 2) R i S of Key West, Inc., 3) H -TRY LLC, and hereinafter styled the Seller(s), for themselves, their heirs, executors, administrators, successors and assigns, and the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS (hereinafter, 'COUNTY"). WITNESSETH: 1. in consideration of Ten Dollars ($1o.00) in hand, paid by the COUNTY, the receipt of which is hereby acknowledged, the Sellers) agree to sell to the COUNTY certain lands upon the terms and conditions hereinafter set forth, and for the price of Five Hundred Six Thousand Two Hundred and Fifty Thousand Dollars and NolCents (:506,250.00) for all of the lands and other interests, which lands shall include all tenements, hereditaments, together with all water and other rights, easements, appurtenances, and any and all of the Seller's rights in or arising by reason of ownership thereunto belonging, owned by them, situate and lying in the County of Monroe, State of Florida on Stock Island, more particularty described as fellows; to-wtl: Lob 13, 14, and 15, Block 31 of MacDonald's Plat of Stock Island according to the Plat thereof recorded in Plat Book 1 and Page 55 of the Public Records of Monroe County, Florida. 2. The Sellers agree that the closing of this transaction is contingent upon the simultaneous closing on the adjoining lot 12 to the COUNTY. 3. The Seller(s) agree that they have full right, power and authority to convey, and that they will convey to the COUNTY the fee simple title together with legal and practical access thereto clear, free and unencumbered, except subject to the following easements or reservations: Existing easements for canals, ditches, flumes, pipelines, railroads, public highways and roads, telephone, telegraph, power transmission lines and public utilities. The COUNTY, at the COUNTY'S expense, within the time allowed to deliver evidence of title and to examine same, may have the real property surveyed and certified by a registered Florida surveyor. If the survey discloses encroachments on the real property or that improvements located thereon encroach on setback lines, easements, lands of others, or violate any restrictions, contract covenants, or applicable governmental regulations, the same shall constitute a title defect. Seller(s) shall convey a marketable title subject only to the aforementioned liens, encumbrances, exceptions or qualifications set forth herein. Marketable title shall be determined according to applicable title standards adopted by authority of the Florida Bar and in accordance with law. The COUNTY shall have sixty (60) days from receipt of an acceptable environmental site assessment In which to examine title. If title is found defective, the COUNTY shall, within this specified time period, notify Seller(s) in writing specifying defect(s). If the defect(s) render title unmarketable the Sellers) will have one hundred twenty (120) days from receipt of notice within which to remove the defect(s), failing which the COUNTY shall have the option of either accepting the title as it then Is or rescinding the contract herein; thereupon the COUNTY and the Seller(s) shall release one ksm 0. another without liability to either party of all further obligations under this Agreement. The Selier(s) will, if title Is found unmarketable, use diligent effort to correct defect(s) In title within the time provided therefore, including the bringing of necessary suits. 4. Sellers and COUNTY acknowledge that the COUNTY has agreed by letter dated December 17, 2010, a copy of which is attached hereto and made a part hereof as Exhibit A, to allow 3 ROGO exemptions per lot and 688.5 square feet per lot of NROGO exemptions, for a total of 9 ROGO exemptions and 2056.5 square feet of NROGO exemptkns on Lots 13, 14 and 15, these allocations will remain on Lots 13,14 and 15. 5. The Seller(s) agree to undertake any and all actions, Including obtaining a release of a unity of title, necessary to convey Lots 13, 14, and 15, apart from Lot 16. 6. The Seller(s) further agree not to do, or suffer others to do, any act by which the value or title to said lands may be diminished or encumbered. It is further agreed that any loss or damage occurring prior to the vesting of satisfactory title In the COUNTY by reasons of the unauthorized cutting or removal of products therefrom, or because of fire, shall be borne by the Seller(s); and that in the event any such loss or damage occurs, the COUNTY may refuse, without liability, to accept conveyance of said lands, or it may elect to accept conveyance upon an equitable adjustment of the purchase price. 7. The Seiler(s) further agree that during the period covered by this Instrument officers and accredited agents of the COUNTY shall have at all proper times the unrestricted right and privilege to enter upon said lands for all proper and lawful purposes, including examination of said lands and the resources upon them. The Seller(s) hereby waive their rights to any and all claims against the COUNTY associated with, or arising from ownership of, said lands and this waiver shall survive closing. S. The Seller(s) will execute and deliver upon demand of the proper officials and agents of the COUNTY a good and sufficient deed of warranty conveying to the COUNTY a safe title to the said lands of such character as to be satisfactory to the legal counsel of the COUNTY and said deed shall provide that the use, occupation and operation of the rights -of -way, easements and reservations retained therein, shall be subordinate to and subject to such rules and regulations as may be prescribed by the COUNTY governing the use, occupation, protection and administration of lands. 9. In consideration whereof the COUNTY agrees that it will purchase all of said lands and other interests at the price of Five Hundred Six Thousand Two Hundred and f=ifty Thousand Dollars and NoX mb (=506,260.00) which will be paid by COUNTY at closing. Seller(s) hereby authorize COUNTY to issue a County check or warrant directly to an escrow agent who Is authorized law to receive such payment, and who is acceptable to COUNTY, and to require the escrow agent to pay Seller's expenses of sale and real estate taxes. Should COUNTY's funds not be available for any reason, COUNTY or Seller may elect to terminate this Agreement by written notice to the parties without liability to any party. Conveyance of the property in fee simple from Seller to County will take place at the closing, in exchange for the payments to be made to SELLER at closing as set forth in paragraph 9, The COUNTY shall pay the following expenses associated with the conveyance of the property: deed recording fees, settlement fees, abstract fees, title examination fees, the County's attorney's fees, and title insurance, as well as the pro rata share of prepaid real property taxes allocatable to the perm subsequent to the vesting of title in the COUNTY, or the effective date of possession of such real property by the same, whichever Is earlier. The Seller(s) shall pay the expenses of documentary FOB stamps to be affixed to the deed and the removal of trash, debris, and structures from the property, N any, the Seller(s) attorney fees, If any, and real estate commissions, If any. Full possession of the premises shall pass to the COUNTY as of the date payment Is made to the Seller(s) subject only to the reservations stated in Sections 2 through 5 above. 10. it Is mutually agreed that an abstract, title Insurance policy or other evidence of title to the property herein contracted to be soli, satisfactory to the legal counsel of the COUNTY will be obtained by the COUNTY at its expense. The Seller(s) expressly agree herein to fumish to the COUNTY any documents in Seller(s)'s possession establishing evidence of title including, but not limited to, abstracts, titre commitments, title policies and opinions of title. 11. This Agreement may not be assigned by any party without the prior written consent of the other parties. 12. It shall be the obligation of the Seller(s) to pay all taxes and assessments outstanding as liens at the date title vests of record in the COUNTY, whether or not such taxes and assessments are then due and payable. 13. It is mutually understood and agreed that notice of acceptance of this agreement shall be given to the Seiler(s) by mail addressed to the Seller(s) at the following address: Kit Carson Smith R & S of Key West, Inc. 2230 Harris Avenue Key West, FL 33040 H -TRY, LLC Scott G. Oropeza 815 Peacock Plaza Key West, FL 33040 Mr. Stove Eid 5871 MacDonald LLC 20 Driftwood Drive Key West, FL 33040 and shall be effective upon date of mailing and shall be binding upon all of the Seller(s) without sending a separate notice to each, except as such obligation may be affected by the provisions of paragraph 6 hereof. 14. The property shall be delivered at closing free of any tenant or occupancy whatsoever. 15. The effective date of this agreement shall be that date when the last one of the Seller(s) and the COUNTY has signed this agreement. The Closing Date Is April 25, 2011; closing date may be extended by written agreement between the parties. 16. The COUNTY shall have sixty (60) days from the effective date of this agreement in which to conduct an environmental site assessment to determine the existence and extent, If any, of any hazardous materials on the property. For the purposes of this agreement, "hazardous materials" shall mean any hazardous or toxic substance, material or waste of any kind or any other substance which is regulated by any environmental law. If the environmental site assessment identifies the presence of hazardous materials on the property, the COUNTY shall, within this specified time period, notify Seller(s) in writing of the findings. The Seller(s) will then have one hundred twenty (120) days from receipt of notice within which to pursue, at Seller(s)' sole cost and expense, any assessment, clean- up, and monitoring of the Property necessary to bring the Property into full compliance with any and all applicable federal, state or local laws, failing which the COUNTY shall have the option of either accepting the property as it then is or rescinding the contract herein; thereupon the COUNTY and the Seller(s) shall release one another of all further obligations under this Agreement. Remainder of this Page Left Intentionally Blank 4 17. If the Seller(s) wish to proceed with this transaction, the Seller(s) have until February 11, 2011, to sign and return this contract to the COUNTY; subsequently, the contract WIII be presented to the Board of County Commissioners at the first available commission meeting pursuant to county policy. IN WITNESS WHEREOF, the Sellers) have hereunto signed their names and affixed their respective seals on the day first above written, with the understanding that this Agreement for Purchase cannot be executed by the COUNTY until after it is reported to it for its consideration, and therefore the Seller(s) for and in consideration of the Ten Dollars ($10.00) hereinabove acknowledge as received, have and do hereby grant unto the COUNTY or its authorized representative, or any other office or agent of the COUNTY authorized to purchase said lands, the option and right to enter into this Agreement for Purchase within sixty (60) days from the execution thereof by the Seller(s), and to purchase said lands as herein provided. Seller(s) 1) 5671 MACDONALD LLC 2) R & S of Key West, Inc. 3) H -TRY LLC Signature of agent for 5071 MqpDonald LLC r Signature d agent �R S Kel eet,Inc. Dat• octal Security Nut er Phone Number Date Social Security Number Phone Number Print Name 1 LLC Print N e of agent for R and S of Key Weet, Inc. 3) Sig re of agent for H-Tr�r LLC Date Social Secu Number Print Name of agent for H-Try LLC (SEAL) I BOARD OF COUNTY COMMISSIONERS Attest: DANI SVL. KOLHAGE, Clerk OF MONROIE COU . FLORIDA By: B Deputy Clerk M r/Chairman Phone Number MONROi ' NTY, acting by and through its Board of County Commssmin ears. has executed this agreeenertt .4*7 half of the MONROE COUNTY this 16.41L day of . 2011. !G. Lo I I MFj COUNTY ATTO EY AS TO Gv L NATILEENE W. CASSEL ASSISTANT COUNTY ATTORNEY to :.1 / - ,2&41 County of Monroe Growth Management Division 279= 0..>,.r , Suite 410 Msalroe. FL 33030 Voices (306) n9.2300 FAX (306) M2536 M �mQ c,anuds„ not 3 Mqw Pau Tm Devil Ricer, Dice 4 Kio WWWV e, Dirt 1 Oaoer NVAPK. Dia 2 SyWk L Muphy, Dht 3 Decembot 17, 2010 Steve Eid MGRM 5671 Mac Donald LLC 20 Driftwood Drive Key Wet FL 33040 Dar Mr. Eid, We have ma lue d the ra by the owners of Lott 13-16, Block 31 of Maboey Subdivision to sell Lob 13, 14, and 15 (a portion of Reel Estate Number 00124470.000000, cwhxlirll lot 16) and poste the ROOD aramptioot aced NROGO agnate f0dW elkempdou, associated with dwe 4 lots on a per lot basis. This would yield 3 ROGO cuapWm per lot and 688.5 aquas feet per lot Tharegm% es& lot (13,14,1 S and 16) are andded to 3 ROGO aumptiom aced 688.5 square feet of NROOO ©wmpdon. This is bated on the Pre - Application Meeting Letter of Umbrsqaft for Lob 9, 12, 13-16,19 and 20, Block 31, Skm* Wnd Real Estate Numbers 00124330.000000 AND 00124430.000000 AND 00124460.000000 AND 00124470.000000 AND 00124330.000000, ddod November 10, 2004 aftdwd WOOD. This lettar is confirmation of pro-raW develgwwa rim, it is not intended 10 repre"M what physically be place on the property, Alt other Federal, State and C mty developmeot shall apply may Shy, 4 "0� Tmwmle;Y Schwab Director of PlannAng and BnvironmenW Retounm � �ArW 774!0 V dW me FAX: M a1M Novmtber 10` 2004 Mr. Jut CAMM PAS hap I= 5671 MC Do uld Ave. Kq We4 FL 33041 NOW DhM 1L stiir, etM� r hum As'tAM6 Cm" IWO% Nam 7 CAMMMMM Dimas SU PMAIMUCA7TON 11�NQ LgI'M OW UNDBR9TA�11DIN(1 POR LOTS 9, 1; L9 -16,19 AND 34 WAM 31. VOM lWAMp RRAL RUATS NUMISM MUOft001010 AND AND 001 24440;000000 A" 0 0124470.010100 AND 012483Lon= Deaf Mr. Carson, Pursoeat to 3aot10n 9.1 of U* MoaroO Co" CmKft docvnmsnt shall ON October 28, 2W4. a p�.a constlttlts a 101101 at was bold ' Mom Co"P18011 nR and X00 taSrr N n M dm Rawnroaa Daprrtmeot >e Marathon. w A Wk A W m/ iaduded Mr.1Cit G�aoo, N —P-17 orvmr; Mr. Steve Fid; hk. A BnK* Adutinlatratgr of Dnv wed to r the " "); and Ant )owed, SmdW Review, Andrew WvstK Sailor Bolo Pty (hay mfr eaft dv* refired to as "31MV for dye P1� D P war Ma lg'inb Pru=ftd PtrfW to 1110 2e00dss tncludWs 1) Pre'q stlm contersnca 2) located 00 sir of Black 3� g am' �d 13.16, Stocf Leland, and . TZ, 19 and 20 of the Malony Sobdiviai= 3 ) SI<etcJa of the pmUsifty Site Plan for and 4 ) Prh► word Cards for the su Obmify fin; and 5 ) Ra+ W of Code p0rasb dated 2004, noel and nsnt Violations Prepared by Nany Doi ljn& Soma WPeator, Lettrr of U FO P�ovty writl" far tho FAIRS nits and dated January 23, 2003. PW 1 0111 RA#4 B DEPT At the pn app&mdaa XWdjmi tde AMOW4 itch wens dbamw asdlar agreed •Pw 1 ) T6a applicant ia.iatereetad In the =Uft thirteen (11) (6) of We � M a a�thg ap� u 0itt. 'tea t�ailet bomae sad Wx _ q>. 0-0 - in mate 61-WMW is 2002 Meant dWmbq �h oias'� O21- 44�13, and in" not b. replaoad. is to�1� °� "�7 d*d ft m and mbb owe a ad of ROGO Etreatptlo nee. MIS tttntaiaiwl natb 1 wW be o�d '�rwder A000rft to the sub=Mod , de FW 11 m asted at PhYlW address 5611 MMuMoodd vem and itittlw UWA ago* 31. lots % A 13-16 19, 2t. PD 1 Mabnay SubMwWo , Star# 00124470 mm �' Florida. Tits Real RUM Nu*om ass W124530.0pOM OOOMA 00124460.00M sad 0012"jO 000pp, 3) maedva as Ada"stradve 101apretodo n 43 -101 (dated 1QIZ?1 M) a iaodaaaar w1ll "wd o ucmPdm 6000 the ROPO d d a syskm ii bk4m propel � the • � Mi lm"* a other oOdv 1 appan►d fratn tie Dividoa of OroN►th • Counted is RO()0 and 2010 CcmpmhomM plan _ Pad that tie wu is esiaeaaas and included n the 1990 asaa. The crosas oval u� b deteratl ft Umber of teddaodal 206 that imp tiffs been a! R awd • ll' Pami< or other Grow* i' t M and is not available tie wed to eatabllah that the pntperty was lawb* entablis6ed: fa bwinl may be • Ac" Pboloo ahowins the scmct sa in oxietme prior b 19% or • - Cmnh Property record card siowia 19%; or S =kW= of the u01t or floor area prior to • Utility r mah for the Period 1986.1991 that show the use belts saved. Pep 2 of 11 The followkS table lints tits *=tun that &a 9 p le" is the Plami� a to their bw u1 gpeb 'e'bl°P' dete ct, from R ANrINO DEPT roa 10 Section 9.3-4(D -31) MCA on the dtfbdd of a dweQM unit k am (1) w men W= hy 7 aaapd to deals a bowskeePiotalablis�t lion ooenpa q by one (1) aeprate toilet lbd*im Mo &bW#vlMW DU sedl mate 4wdl* unit. Tho rkmdm Dqmrumm ha determined that there nee niaetesa (19) Lw&4 ew61"W NROGO wits lacabd as the :object 'its and three (3) oom wcW ateuctwea be fns m amr* floor area of 7,937 opm feet. nm method IkW ad doh wed to e ftWiah thin we oadbted bdow: • ley esbblished ee�ddeadd � X19 ad 20. Is !bond to iav�a =m (0) '1'0* feet a[ , M aomeoeedat Onctnra wif6 3,183 oommerdat Am" This dek mambo Is bond as a aeries of p q wly WE cards„ UtWly r mum sad a sits vi* oo &Oed as November S. 2004. o At ok r que of the NwAbt Depart MK. tee Flodda Up Agwdaot Authority Q%4A) peovided a latter tbst docamesta tea melabw of aawma for add lob asd the date of acdvados. The leetar iadialen that anti (i) oo0meedat Newnt was actfvatad•aod On ImilM dab of ac1[ndm b 1957. Oarteat nod hiaortcd fsm& shoat► no mida M umaitr a d Wm" for aid lob. o Tears nee nc palmitt teat docuum the emno or historical mmbo of dvd ft odte oaten pared. ° Td 2004 propattp rROD =W iodicdo dwt oalp two setomm am loewted os said Iota and bodi . an listed u ooaestetdr, Hw wow tea applicant's eutWaS 2W plan see=r that a d*d eaddnatid ahadnta' is W=W as Lot 19. Thata w od c+eo o f its mrietdaas is tits C.muSy'a 1 0"Ol ► rseoe I 00k aft n ooed , h ° � vlatt easdetcted on Is tbasnfoert daond aaLw8e1. *MOM as umd 101 IN S. 20% p ved tbst am of the cdadot iaftrne.tioe by die FXAAA =d � ( 2W4 pmpay �oo�adWe d s • 00121330.000 0 � 6 4 40 M a RAd BOOM Numbs five (S) redd"A =ill. 1lte aqe CMN wo bvW i• 194 nd wu used o a cocoma vw warehouse. ' The ow atoq I uetote that fronts MWDoadd Aveaae still possesses a °=:each! aoseponeat, but a pordoa war converted into two (2) dN°aiL uis• The scud m wu rued at a health cUWc and a Cuban rallyeo cuter sad war bails u 1944. 0 1n new an lea, only two (7) of tee three (3) stntcbrm that c omody exist on this p an >awfWly esbbtineed. Thaw two (2) st u tore: tree Wibododly used f, °om d w moa ' papow and m udawfily converted into dwdlin= uaitt. sgltare fed of oommnrcW RMM L deemed Noa-r"WMW ROGO MwO and is pmaitled to be mbollt or waoa&rrsd to aoottror site. • Rad P'"I Nwber 00124470.000000, lou 13-14 18 WwW tp have Mvlvo (12) lawfWly established residential dwelling unit and 2,754 squam feet of NAOGO euatpt Iloa area. rye3dll 12/29/20lN lWas 3�.f'- 299 -2536 pL"ING M" P AGE @5 o 'Iles 1974 property record and hoc maid Pwd indtataa dfm on (1) of do is" (5) �o � nee am aced foroamme�l Aveaoo and It Am boudm f the me mobile bo pair's pmp" mao"K. It od" Variety Sbm and wale conrested bb a noidudd dwelling =a widto t the beeM of a j I Imit, ' US sftucbm SW not be eft ow as a lawfay eatablidad dwaUlng uait. Howom. id float area of 2,754 agnate feet (era detamda� by the 2004 and 1992 pmpwq rowed arch) Is deemed Np=o =ampL o Permit A S31S dated wy 24, 1979 ' Tba P•tmk anthotl the replacement of throe (3) ttdkn fi m Let 13 lit- part of Lot A A dk pima wale kdoded and is drawn ft lad 9 and • 11ss 1979 alto Pbe lodkmtes dut as h is 13 -16 then an %W (4) unit that emitted an do site at the rises the permit wale lasue& IhOW IMS drawn as � 1 p � s Iftacb es Raub thoss ' TWS Pomft arieb is bwlhUy eaW&bbg lm (4) dwdit unite as o Permit 5372 dated Jdy 18,1979 • no permit mwwdnn electrical work fsr doom (18) lap amp $mules mad anbfeeda flat ftdM &ARAM A 4e Pla was bduded and is drawer for lob 9-16. ' Mo permit and mile play indicaw flat the decukd setvias wss iuWJed to M" dxbm (16) mobile bamsa that wssro tooted on dw • 4 ~ 2 P OPMY (bb 9,12 -14 7U appticaot cum* her e18t (8) ioobib horn an acid Petosb Tbb o moth► esbt ��, la (Mg& hams moat chat ' � u lL A0. Lot 9, Is fotsod b Junra Li ra (5) bwlolly a Permit SS72 dated Jaly 1& 1979 ' TU POfn* ■mhodm deddcd work for eigbeea (18) 100 amp mmk= mud sobfeeds floc amdle trAM A site Plea was Wduded and b dmwa far lob 9.16 • The 1979 site play that as Let 9, there an " ( mobile As. a. wbldt oortaspo»de to tlse numbsr'od nKWs boom azi d" on ' This permit aade4 in lawfuUy c4Wbllablo8 two (2) De units on this Perri. o Peraut 8a 10000574 dated March 31,1988 ' rm permit autborhes the uppsd• of ebctdcd same s to as existing apartment buildbW havin tour (4) anise. hM4of11 K AN DS DEPT The 1988 sib plan indices dot the strud was has fMr (4) soib, bowaver a silo visit oa November a 20K ao"d dot the structure was divided into thrn (3) uaib. Mablilft throe (3) dwelling wft tbie =L aseWS m 1ae►Hlly parrd. • ntsbl'sbed residestial �dwellis8 U A00000' Lot 1Z, b !bond to Gave two (Z) lawtirlly 0 Pen oil A dated May 24. I979 • no Permit sullwima the replacement of dun (3) tra&M and the Ma"d of cae (1) trQW 6M Lot 15 Sod pert of lot 16 for said Real BatW Number. • The 1979 dM plan 15 mr lot; 9,12-16 sad lnd =ft that two (2) mobiis homes are located on lot 12. o Permit 5572 dated July 141979 ' lle PM* nthorime dod*w wort in ef&M (18) 100 Smp a mhas and aabbeds hr cotta ftdW . • TU 1979 da PlM draws for lots 9.16 'tdfcWW that on Lot 12 there are two (2) mobile bomea. 4) fum"at to MCC 93- 268. dr MMS of land Was wbkik a dwedloB amt cc a moUb boa» used d a Pdnct& waidswoe prior to the efieetin lots of the pW enact'" dale of this chaplet " be cm*W to a was l os tba Nub Wait is eaLlanoe on the acQbtxive data of dtis �7 of tws (1) dNdt'n� sail for each f" the propaaty'a land uss district b sot . ' the allocated dtmsity may napless all danen'a8 its an IM aPP�I• !br this develop®ent, 'Ilse app8� devebpetew alas that ba" bees tawMy ambushed. "N' Pord of the Code rcfeis only to nsidentid atracamee; the Wswerdal Boor am is tesidenda re 10 the meat. la aasam " appl'caat may pout the fwkwie8 devel opmem options. • 001 .OMM% 1 4604000�OO aW �BaeO Nv 00t 9. 12 0 13_16) and wastt>ad n�a ( `units (lob 9. 14, 13 16) and Pap s o! ]1 dw am o a of any atabliSd W dwelliry amts U d PLAlNMNO DEPT • Rai Estate Nwaber O011AS30,ODOOM lob 19 wad 20. cootaias zero (0) dwetliog units. 'Pba appliaot shall aaquim a 1000 illocatia or rnmhr of R000 ftempdam �C kFA) if tboy wia6 Oo proceed with matructing "llail mite on this potion of fire 5) 11' Mantua Coumy Lind Use DbWd Map indicates the p mperty Is located is tbs Urban (RI" dhmdct leis Mud U� mp MM rya pub" Lard Use Map teplaotuDent of the aiding mobile tames � Mw °t WIN irrliormed dud the mil is not pmmitted ht the URM lead oft district. rands vritb mid faoeitLr darst>iat Staff reoot:rmetrds a lam nas franca (zaaiee CbMW fE URM 10 Mbmd Uae (1rft which would allow the appUem t oomidw reaeveiapment of tie psnparty with atw aootmeecial anwar atuld -buily suncum QOaetrtrction of mnld4umuy dwelling =its Is p rimided as • MJM MOMMMI use 1D the MU lead use disitid. The redevelopmaa - 40 it lacated as DIN* 31 of the Maloney Subdivision and the Mock contains a miMm of URM and MU 101. Dote 7, 0.10 add 11 are dpi jpatod MU wid lob 1 tWOyM 6, 9, and late 12 t mmo 20 m daa*mOd r U nC MM MU bouedary wu =Waded to brdude lute 7, Be 10 2101111 of Block 31 MwvSti a land am a" =Nwkud approved Vk Hosed of Cm" Commiwioa Resdatiou Nu *w 783.1989 dated no combos 13, 19N. Attached b a 00" d do hard pee district ameadomat mapr sheet number 576, which illustramm the disttla's bou ft Ibm 6) Upon► adoption of a map smeodmeat itme URM to MU, the adkWg cm wdal Hoar am nmy be &"" and reOmd wMJM phg d m=o the Nen-Residaadai Rats at OfOwwth oedinrmos (NAOpp) Pumli ft Pwmm. Ad iaaaaas in the smoaatl at camima Aoa ant. Vaster than drat which has bees lawiblty ORMisi ed for this sitar, amount at a allOm aytt tssidNROOO. Batted an 8eedoo 9.S- 124A(b)6 the maxmtrm eatid Door are that cas be allocated for any on cite u 2.500 secants bet The omsaterdtd space may do be demoliahed and trodsmad to an disft receiver ails 10 the ahwh Hood is &Wm 93 -1143 MCC. - The anw" d lawfWy mtabHdwd ca lUMMOM aL Son area is 7.937 square fast, u d°brmined by Mamas County property Record Cards, adUq reads and historical Pte- The redayslopmant Potential far d w kv#N ==H now ate is as foUowa: 7) No Floor Area Ratio (FAR) is lifted for URM do dpoated pnVadas. 1U land use district 4110" low and medium intaaaity nets up to 2,500 Mum !teat as a major conditional use, provided that the ptroel of laud on which the coraaourW �l use Is to be located dwta US no a cistht� nom wdd ProPalf is considered a aoaoocrform� use dus to its location of Ml- Session 95 -149 of the MCC daces tbd non-Conformfap uses m continua op.ratms wft ordiauy repair, bat the ua• � tut be 7 a be chasded ro thv use e xpanded, retocatad an sin con6orms to the prav Bo o at of the land use diotdo i w b b located. sa cha new uac ras•6 war 11 ..� ". PLAHWNG DEPT NW h(U d o y�tl 2.5W � tent of low and Jlla m MW=W oo�nmetdel recd iep then o �' C0° floor area that is peabt than ?,300 840= fat but X000 UP AN u petmitted as A Olin~ ooadidMd tue, provided newt the Parcel is aoosearblt b US by way ot n misting nub Att dpalfaed intersection or a cub ent that it Separated from any other curb cut as the same side of U3 by at leant four hnndted feet. 170 applieW was intibaeed that 68 opt~ apace to phomed for both Mined Use ad Utbaa Residadd Mobile tome laced use dietricta is twwq (20) petroest of tht ftbjw PrOP"'s OW Oar as Stated in sedan 95-261 As deflmed by Section 934 (0-31 Mme. apes SIN" mssu dtst pordari of asp pwal or some of land or wain whiob is required b bs mdnhintd meb the the area within I% boasdarles L open and uaobspucied ileum IM SmwW to the Bky- L40deeepiy Sad aeftcb are eomidsred open apses. The OPOn space redo 8420est to the mmWoves Is addressed 1dw in this keen. m T opm qm= mqwnmw for. the project is 10000 span het and is cUalmed as SOJM (Stow area of sib)' 0.20 (open space n*) ■ 10.000 sq=n feet of open Spann 9 ) TbO APPS wr lalbrmed Chet the side yard settee* nor the U* ft Red&wdd MobJla Bove (URltt) Led so dLtrkt is a minimum ambkW told at fifim (U) then, with a - side yard 111681 Of five (5) fret. Thom ftod sod rear yard m6wim an both tae (10, het each u stele is 380tion 9.5 -Z81 of rte MCC. The fiat peril Is determined by the address of the parcel and rtes oommmity ahatsetet The submitted Bib pen is aft drawn to scale and thwm&m the re9doed setbacks cannot be Penes ed for caq*smm Prior b Bpplyisl fat a coadidonel nag of btdldiag permit the sib Pleas merit be draws b Scala. The appifcaru was lMormed that for attached hoameing in the Died Use (MU) land rue distaid the aide yard setbach an not applicable Tae font yard set back Is hventy fm (23) fee Sad dto near yard se Bd is twenty (20) het r stated in Seedoa 9.5 - 281 of the MCC. 10) The applicant wet informed diet maid lhmily developveab require 14 off stmd parting sPOM Per uft and 2.0 off sews parking spaces per Singh tastily borne, u dstaed in Seedon 93-352 MCC. Parting shell not be located in sir raptimd setbacks. The site pin duo be m-4W to indicate the lmdon for ant street parking to saeomSmodats the revised mm*a of drweiling traits. U the applicant eftoven fmw d with tbo commrcW then 3J spaces of off Stmt parking per 1.000 squat beet of pm &or am of .:ommerCW space sbdl be iaoorporsted into the revised site plan, abut with handicap Pw)ewf6 P 7of 11 -- Pl.AMING DEPT l l) MO appliaat wss Wtormd that the subject Mperty is lo- an A11.9 flood goons r iodu sped Rsts MsP (FMM) pud 172A. boa or =Wblt� � of to M wit 95 -317( Wdm "um' b Saxton 934(3-191 b= aaesns a wt+deb b7 definition a stroc tm% On oat of watch �► ncxjoo a improvemsnt of mad* voice of the svocbu% r�� � ( M 9 Et of the pre- dattocdoa Coomy, tba the sorbed floor by Oalos Of the Tax AsseMOt of Monroe 1dYels s6sU MM lam aoalio uma wilt the Hood pWa mslatGtsaoe m At steed to SOCtIM 95- 144(b� azdinaty repair OW mbwdm at stall SM"Wr is Peed. bowwr sboald theirs be say am its broo into impaovCMM made to do esieias stfu�, tM tstouore shall =mpllaaoe with all eectioas of the MOC. 12) The aPPldcaot wr h6uned the am construction or sa6Mcgt�tisl hWo �o'Mftdal, WUUW a Other noaepWWW *D t m w idda saw A ad-A (the spPliamt IS In at AR4 zone) as the COOM taalgr's flood Wanoce todog msp *UK dM hsva the lowest Boar Oncluft be mum) dwmd to at above the bass Hood bwd flood toe si�aate b w�ilet� - with wtb � so tW below As bass a[ water sad will, ettaclaad � fib► bL 10 &9 pomp land, ad e.Heets r Of reehde fl hydroetada and 7% aPPlkaat was ladoeooed that pus w to S ,Wm 93- 317(bxi)d. of the MCC, the rqp below the lowest floor at w devoted r is s aoodalar btar^ " be need Of vablda, ekvat=4 lisped map or wgft accea petppra. enclawarse can be bedk to a o[ doe n w gaud Ana nir0299) Any Pmt of an eadoad am d am dtao two � only be enclosed wits saoen or lattices 13) Tb VMM ww io w=d tits, due to the unku *casept of Ind an d *Ins Muml b bueties. c also d= WM be !D9 im& All of the required be&= " be dace "C" &on a " vay in w The width will d idth tee (IM lbet to twtty fire (* &, the wid1b The dMAI* the amount Of req� veptsdoa to be plmwW within mgr of land usti district boundaries see ham UAM is MU. These occur dws the wytera and soadteta y liar of lot aioeteaa (1 alms the sondmn brown r lob tbirle�ttuanS6 sistoea�sic� of � P line apt the lnr fltt Psroel mild twdw (12) r well M &b the w 1MV POPertp Base of both lab nine (9) "C" buifa u �� � � C pl �r line of lot nine (9). Arother dose b°'°�r9 between URN and W land use ProP� UM °f tat nine (9) r tilts is a regairecaeat r it POW to burner dittricxs. As this is a fairly oompleat bailer aotreat P�OW9 of the buein. a� StaA! has prepared a basic asap d#spdaylns U ( wed boi6et asap) hPdatil FLANdIN6 DEPT 14) The spplieaat was informed that fm a andspp� ids � �� ei't a ergs lot 1 a puling f o t rkiq lot laadsapi% Onda<d in the � disttiat MM nd� be p. the dm no conta. aan'Lall ceq*W to this Wg M L 1ST The applicant wN WWmW dmt a skmnwaoer mmpwmg plan altar bs efmpdeted sad g �f�d mr O tot de"e Pilo WWI be reviewed by tie Res wm staff ffr compHaoa with cmaeat stotmwatm maaegameM coda. 1� The applicant was itttotmed tilt meet hea would aft be re p h ed as the internal Coeds proposed will ant be main Mbed by Momue C =ty sad thsn&n will sot require snot rtes•. Should this On d sodas eit:op one (1) meet true entire am", d ai k" twain (12) fast la hW* a6a11 be ngdted in vaq 100 feat of goad frOa W 1 ...The arrest odi M d the Halted Staten Fish sad Wildlife HablW Us ft for moo= Couaty dos not iaelude ear o the p aresis arbjees to dde ptfpoed its habitat whkb . 000rdhration tM Eki d 9 Fide sad WUM gra ice will be am � a ob asl building ptmid an file p required to obtal0 If tbls PAY 1s wbjeot to a Toad dond an app&% the Plaadas r, an is ugmwomd undar Seaioa 9 s-M tb mo" or duty .q appliwtlom based on their revkw of tits appfpeiatatsees of the proposed davtlfp m witMia tie coOteaet at st fotudt% peoperda and =mOb dal m t r � ad 2010 Cfmpseheaafrs Pin. la &Wd= qj m the PlaM erg Impub ON the oum �roqui s to co0■War an WPM al tbs dawloputan4 zD>k bef ore r fb*dm and shodatde of tie plan sad ao ws appaovaL appeard Wilk matioas or deam at a pto )act. MbJW 'a � ��� � �itla !err istbecic wa{wrs detafled is file LOU m sprova4 planaioi Dlteaot ooadidfmd tus ravlew and Pwmmt m Sccdm 9 of the Momoe C►ouaty band Dewelopmeot ROtdati = (L You m tha a Name $et foeth in this letter at aadas•tartdio� m accumts dadw r pct. This letter doss mot provide any to the abdes rePlad= if the PlaO or LDRs ate ameaded the property aw/or project wo be mgsk" to be with all rd% obiedm sad at• mduds at the thms of deveiopmeat appro.•L MW l i tc" mq*W as • pert d the applieatim fot coaeaquemtly "r.'" the H& for addidmd O L 71 28, 2004 m ftdgg sad W8 letter mar be relied V006 �� � ��� � T� iaformatiat provided is Plaaaft �Or vP00 tie rsgoeet of the ' for • period d tine yeah. Ti. sst ford is this letter !or an additiood period of tram �7 ravien► •ad teaffi® the rapreseatatioas pap 9 at it FLJMIdING DEPT We trust that this iW mudm is of asrisUm. If harts this letter. or if we may 1� soy 9 wag the '"n6 m 14 Y Off= At 20-25M. l t y�oar Prof . P�we feel ooAmm of has to coma ow Sinmdy you X na.a... G(4�, Dkocor UAdm ft" and FA r Q="W Resoom Dqmonw Ca Erin MIA peope,Ky AWaim o � , ��► i,�i:ector of G mam Amf , r�f0. S�cr Eoloqw Devetopmettt Ravieer BodmW +der. 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