2nd Addendum 02/16/2011DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: March 21, 2011
TO: Jerry Barnett, Director
Project Management
ATTN: Ann Riger
Contracts Administrator
FROM: Pamela G. Hanc ck, .C.
REGEIVEL)
2011
t NROE COUNTY AITOIRN
At the February 16, 2011, Board of County Commissioner's meeting the Board granted
approval and authorized execution of Item C 14 Second Addendum to Lease Agreement with
State of Florida Department of Transportation which will allow site improvements to the
property presently leased by the County, and to authorize planned landscape and parking area
improvements adjacent to the Conch Key Fire Station.
Enclosed are two duplicate originals of the above -mentioned for your handling. Should
you have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance
File
M oN90�- Co(N i1 y olz, c, WA —
STATE OF FLORMA DEPARTMENT OF TRANSPORTATION
SECOND ADDENDUM TO LEASE AGREEMENT
ITEM/SEGMENT NO.: 2503081
FAP NO.: N/A
MANAGING DISTRICT: Six
STATE ROAD NO.: 5/Overseas Hwy.
COUNTY: Monroe
PARCEL. 6003/RWMS 4368
This Agreement made this day ofUA� 2010, is the Second Addendum to
the Lease Agreement date July 15, 1992en the State of Florida Department of
Transportation (Lessor), and Monroe County, Florida, a political subdivision of the State of
Florida (Lessee), hereinafter referred to as the "Parties." The purpose of this Addendum is to
document additional changes between the parties:
SECTION 1: PROPERTY
The Parties agree that the lease area is hereby revised and the new lease area is shown on the
Legal Description and Sketch attached as Exhibit A.
SECTION 2: USE
The Parties hereby agree, effective as of the date of this Second Addendum to the Lease
Agreement, the use of the leased property is for public purposes as follows: site improvements
accessory to the Conch Key Fire Station on Monroe County's abutting property, located at 10
South Conch Key Avenue, Conch Key, Florida, as shown on Exhibit B, attached.
SECTION 3: RENT
The Lessor has granted this public purpose Lease Agreement at no consideration for the sole
public purpose use as stated in Section 2 above. The Lessee hereby agrees that in the event
the property ceases to be used for the above public purpose, then the Lease Agreement must
be terminated or the Lessee shall pay fair market rent assessed by the Lessor to continue
leasing the property.
SECTION 5: IMPROVEMENTS
Lessor hereby gives its written approval to Monroe County, pursuant to Section 5 of the Lease
Agreement and pursuant to the Monroe County Florida Planning Commission's Resolution No.
P35-08, to place a portion of the Conch Key Fire Station parking lot and designated
landscaping, as shown on Exhibit B attached, on the leased premises. All permitted structures
and/or improvements of the Lessee shall be removed by the Lessee at its expense within sixty
(60) days of termination of the Lease Agreement and the land restored as nearly as practical to
its condition prior to the Lease Agreement.
Page 1 of 2
STATE OF FI.ORMA DEPARTMENT OF TRANSPORTATION
SECOND ADDENDUM TO LEASE AGREEMENT
Where the provisions of this Second Addendum conflict with the provisions of the original Lease
Agreement, this Second Addendum shall control. All other terms and conditions of the original
Lease Agreement shall remain unchanged and confirmed by both Parties.
IN WITNESS WHEREOF, the Parties hereto have caused these presents to be executed, the
day and year first above written.
MONROE COUNTY
LESSEE (Company Name, if applicable)
By: By:
H a.t'� C0.rr,. Ph i rs
Name: Name:
Title: Mayor
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
3-/ Z•�1
Attest:
Attest: �J NAMe/Title: Margaret Higgins/Exec. Secretary
y: (Sealj E Review:
Name: Danny L. Kolhage Y
��� District Chief C sel
Title: County Clerk Y
Approved as to Form and Correctness Name: Alicia Truiillo. Esq.
(Monroe County):
By:
Suzanne A Hutton, County Attomey
MONROE COUNTY ATTORNEY
AP ROVED AS T�O)FO�
NATI EENE 4'V. CASSEL
SSISTANT COUNTY ATTORNEY
Date—
3 - -2y
Page 2 of 2
EXHIBIT A
LEr-W ots 0,0710V
Ar MM rorrn(y 47#1 of ry Mua
/gym of Tro�s�aarratfion
A parcel of land at Conch Key in troationol sbGon 15. Toyttshtp 45 $Nth.
Ww" 34 Lost. Morlros County. orlde., said parod being more poruaNloriy deacn'bed
as fotay=
8e9iriniRg'dt a"pant..loeote0 54' feeC brc: of stfatlori s 5ttp0 asi alto.rr an .,.
Ro&d Deportment of 'Tsar Right • bf WoY .M0, •.Section 90050-2509. 3htet
t2' of.23 11wes S ts8'33' '.:W. t05.♦43:fee .Tq a'Ooint'JO feet. left'at St BM'
t49t94.57.•thenee N 57'19Z4.:;t#I,:,fit:?l feet ta-4:00M.100:f ;left of, Station
j49#Stt,40,;e6?id..poutt also<tyirig an.t6d, uth6osterty 5cie`pt. lfiei: t'of w4Y jt:1 yid
ta':Loruee.Gourd►'•by tt,a„FloridaAepartinint.:.at-`%rtsporrettan ir4•b 'Rook:t84d, Po9a
ttisnce;co+nddent'lriflL=soid:sputheak" righC:gt'`oy<. N:.68'33'26 .F.'te1.d0
fext:t4 a• Polk. 100.feet Itft, lof SLaCloct: ]51I.M thence S 2tZti'W E. 50 feet to
the r9nt of tieginrlit}4.:
The fatal amocmt of right of w0y to ba conveyed In this leans IS 5,176 squara tpt
The bearing* used in this legal 4esaipt;en are bated an Florida Department of Traesportotion
Right of way Map. Section 90050-2509, sheet 12 of 28.
The' rnlermodon used to compile this
legal demn'p66n and sketch was taken
from Right of 1��oy Map Section Deparbrleut 90000 A2509,�
sheet 11 of 28. a plat of Conch Key
recorded in Plat Rook 2 Page t3a. a MKMED To.
dead recorded in O.R. Book 1848. Pogo MORDU1 DEPAR7W T OF
2315 end 0 rrald curvy► pertorrrted an TRN45PMAIIOR
4-01-04
PICOSe got Shen 2 for
the sketch of the legal
deeCription. Thin sheet is
not valid % thout Sheet 2.
MONROE COUNTY ENGINEERING DEPARTMENT
V4600 AVW104 t1000VAR0 AWtATHOM. FLOFWA 33050
Florida Deportment of lronsportalion. District vl
ltera/segment No.:
2503081
W.P.I. No..
6116561
State Project No.:
90050
Federot Project No.:
N/A
Stott Rood No..
5/uS t/Overseas Highway (Gvltside. MMG3)
County:
Monroe
Parcel No:6003/4368
Sheet t of T
1i+is 10901 dtsC(tption tr03 yrr(ttefl under
My direct supervision and it but and
eorreet to the belt of my knewfcdge
�:Z,,Aln-
rdised ycal of Raido
and Wopper to be valid,
for informational purposes
M-G1-0+
6-14-04
04-01
Pone
ea sohQMWK
Or
34 ..,t
IS ' r" keeadl,Q
Near&# $IkUf t OF t
7
I
l=12112*17
Jam/
r
o�
Sauth Conch Avenues
nm
�M X14t �Oyr }Jq�
lo
i
/ as
i
;- '``''.' • .....
�tr� �
_ ^ �a �r
150 x4°
.S 2MCH Df LEG4[ DESCR/P770N
, d1oi,�e Cnunfj� ��h/ A! /L'r<se
fi4M Ro"*& Gtepoilment cf Tip ofiorr
rND
CERT1FtE0 TO:
. Point oat Baginn'usg RORMA OEPARfMENT OF
y pole do TiilwSPORfAT1ON
t/' — UWit guy *ire
R/W — Right of sexy the Pkose tsee Sheet 1 for
o^ — utility pole & light fhb legal dgeription. This
short Is not valid or complete
without Sheet 1.
MONRDt COUNTY ENGINEERING DEPARTMENT
lOsoo AIAA710d 60u{.�Y,MtDj r,WtATNOtt rloRlau 330b0
r / oo
N
_r
pCatifterm., Certified for Sketch of Legal
I her ebji certify that this sketch nseets the
Mnlnum Techntool Stm"arda as set (" by
tht Morda Boost! of Pmfes wal Sarveym
antsMqp pens in Cpopter 61OV--6. Florida
Admktlstrative Code. pursuant to Section
472.027, Ao6da Statutes. This sketch coat
IF
eMartd t>el - •/ �• .
Florida Deportment of 7ronenortetion, District VI
Item/Segment No.; 2303051
W.P.1. No.:
State Project No,:
6115663
90050
Federal Projett 'No.:
N/A
State Road No,:
County:
SR 5/US t/Overseas Highwey (Boyside, MM63)
Monroe
Porcel No:6003/4368 Sheol 2 of 2
uhtddcgnoi'lised)2110a'
enaed Sprvbyor C Mapper
aMinp, mop, plot. of Sketch is for
rtional ptu�poses only and is not vodd,
�-DI-41 -..� •}-2rr0�
cat ioulh - a yya.,
St Coat _ • A www
1 S Ky
WiUTRlo�rpt 2 2
38: 4
; $ 3 i
' �a B
ti
z
0
F
o$
V
Lil
WO
z
0
v
itig
ps
91
MAI
1 1.
c
4
na O 5 Z 00 Y, 7•
RULE__11 arAiEOFF.aroonoEPANDAexrOPTRO ORTArmll L:l •""-�_._. a
G PERUrT FOR LANDSCAPING ON . STATE ROAD RIGHT OF WAY "O'"M�AL �p;�O f
�'� (TURNPIKE AND NON -LIMITED ACCESS ROADWAY ONLY) - � ` ~ J E �'�w
� `. rTAANAPQRT'. TRIM
r �. ,� THIS SECTION TO BE COMPLETED BY PERMiTTEE DC.DT r4kllA, Y.f, &0810L_--
2009 L LAY 2 4 1 Date IV A?00 ib RIDA
'Pope'... 6: Name Roya6 ( a � Telephone No.
Address /1,00 S5Ka6%U4 Sfi o+ cC4 2-214)
city state ram. zjp code 53 4y
Location of proposed portion of dgbt of way to be landscaped:
Ste.W RoactNn r) t< : County I"�oAJILtTt�
Adams t S=Eo>c:>a AUK C'r. t[ oar : CrM�e.oa •• FL
Section ar i Jo sul'S cdon on " �ulepesF -`Co 2-
�r
2 Is proposed sate to be landstaped within emporaba Unit of munhdpft?
Q Yes 9No
N yes, name the nwnicipalily
'3. Peraliee dedares that prior to Virg this application far permit, tulshe has ascertained the torxtlan of all existing
utin6es, both aerial and underground: and the accurate locations are shown an the landscape plans.
Aletterotnoonwas mailedan /QA>Qy of mthrebPoWft V11tletitntm1dpWffleir;
4. Landscaped areas witi• not be permitted on stele rued limited socessfacilities except on. F7orlda s Turnpike as atiowad• !
in Rule 14-40.003(3)(n. Florida AdImmistrative Cocre.-
g• It is expressly sdpulatedihat this permit is a pcense forpermissive use only and that the construction vdthin and/or
-upon public property pursuant to this permd shalt not operate to create or vest,any, properly rlghtin said holder. 1ft
permit does dot relieve the psrrrrittee of focat or other, ju"cllctioniil r equirerrients.
t
0. The projectshell fivwMe-requlre 6ils sdRWb 14-40'.=.'Fiortda'Administrail" Coda. IThe Permit" shall constiva
and maumm�:+gtath`s;alt�anedlandscape plans; rnalatiar±anceplaassaint.madnterlence:oftradfioptans
7• The Pen,464, shell be responsible tar all maintenance of the landscaped area, ae'described in this permit, for the
duration of tlme the landscaped aree,exjsts am Depwi naK right of way. The maintenance shai4 be. perfofted in
t?+ocordaartoe with-Depafent procedures ur►derthe direction of'the Area Maintenance Engineer or designee
g Whenever it is determined by the Department that :it is necessary fctrthe consbuc6on,.repair, lmprovernertt
maintenance, safe and/or efficient operation, alteration or relocation of any portion orals of said highay wand/or public
transportation facility, any andsll landscaping installed by the Permitteeshoil be hm nediatey removed from said
highway or resat or relocated thereon as required by the Department, all stthe expense of the PeaTriittee•
g• All material and equipment shop be •subledto inspection by the Maintenance Engineer orhis/her authorized
representative.
tp• Duiing construction of landscape project, all safety regulations of the Departmentshail be observed and the holder
must -take measures, Including placing and displaying of serfety-devices, that maybe necessary in order to safely
conduct the public through the project dream accordance with approved plans as reWired•in Rule 1440.003(3)(8)7.
Florida Administrative Code,
2009
ItULE144"WFAr—
ew4NwmEPcrALmAwA8Wr
an
_1
PMCI TEE CONrD
11. The POMI*86 shaft no* #10 BPPwPdQte Area Maintenance Engineer or desoes 48 hours prior to starting work and
son fmnmd** upon completion of work
12, to cue of non-compronce with the Deparbrnaft requirements in affect as of the approved date of this permit this
permit is void and the workwiN have to •be brouftkft compliance or removed from the right of way at no cost to the
Department. Any faft information supplied on Oftftm renders this permit: md and void.
13. Thefwntftw, dW faderaft defend, and hold harmless ft Department and al offt offices, agents, and
SMPIOYM ftm any dWrA IvSk damage,'coA dwW, or experowarising out of acts, actions, nq*A or
omlsdon by the PwffvU*, ft agents, empbyees, or are doting the performance of tie WKWape pmW
as approved by this permit, wheMer direct or indirect; and wtietherto ww person or property to ~ the Department
orsaid pardeamaybe sul*4 e1 maptihat n~fire PemAtwnor arty ofits suhra bactomwillbeftleundertils
Ark* for damages valialng out of the" or damage tck persons or pro"dinsally caused or resulling ftmthe
negligence of the Department or any of is officers, agents or employees.
14. 1, the undersigned; -do hereby agree to comply wflh aU requframtnts estabUshed by this permit and Rule 1440.003, Florida
Adminilevadve Code.
Submitted BY
.7;3
Pau
THISOE CdMPCETdD_
The above landscape project is: ltVed
.0 App" 0 Not App.
ff not appmK the resson-W.
'Me PernnifteshaU comnmm,work vftin 6 days of permitapproval deft and WWI be
competed by
Spedsl condrdonsfinstructlansby the Do
4151ril E12 I rb,
A copy of We 14-40.00 Florida AdministrOve Code, Is attached hereto and made a'part of this permit
Date Issued
'n. CIft )
20
No.:
--69-2- 4
SPECIAL PROVISIONS FOR PERMIF # Zft*,L-692-04
SECTION # 90050-0OO, STATE ROAD # 5 (U.S.1/OvERsEAs HIG wAY)
SPECIAL PERMIT FOR LANDSCAPING FOR 8 SOUTH• CONCH AVENUE, CONCH KEY (MARATHON), FL
1 PLEASE COORDINATE A PRE-CONSTRUMON MEEMG WITH XATHm RmGE BY TELI: uon-
(305) 289-4360 OR FAX (305) 289-4361 AT LEAST FORIY-EIGHT (48) HOW PRIOR TO
COMbffi TCEMENT OF WORK.
2 WORKING DAYS AND HOURS WTTSIId THE F.D.O.T. RIGHT-OF-WAYSHALLBE BEFWEEN 9:00 A.M.
AND 4,00 P.M. OR AS DMZCTED BY THE DEPARTMENT REPRESENTATIVE PRIOR TO
COMbAENCBMEN'T OF'WORK.
3 ALL FROPOMM LANDSCAPE SHALL BE MAWTAMD BY THE APPLICANT AT NO ADDITIONAL �
`COST TO THE DEPARTMENT_ RESTR TOTWIUDA ADMCMSTi2ATIVE-COi)E CAAmR 14-40.
4 A COFY OF TBIS FERMTT An PLANS WILL BE ON THE JOB SITE AT ALL TIDIES DURING THE '
CONSTRUMON OF THIS FACMITY.
5 PF,ItMITTEE IS CADTIONW. THAT UTMMRS .MAX BE LOCATED WMIIN THE CONSTRUCTION
AREA.
6 VALIDITy :OF THIS PERMT IS COMM(GENT UPON PERMMMS, OBTAINING NECESSARY
'FERMTS MOM ALIE-OTIMR i ENCM D WOLVED.
7 Fu%kL RESTORATION SHALL $E COORI?QBAAlEEI? :WSW THE DEPARTMENT REPRESENTATIVE.. ALL
E.ORTIONS OF TIH 'STALL RI'GHT-40E-3VAY' SHAGL.'BE RESTO8E 1° WTTHLV TH&i (30) DAYS
UM COMPLETION OF TgppERmTfED• HNSTALLATIOPI. . t
8 IEGINNING ANY'.WORK WrEZIN THE F.D_O.T. WGHT{OR W.A.Y• ASSOCIATED WITH .'I:HIS
PERMT CONSMUTIMACCEPTANCE OFTHESE CONDMONS. '
9 - CALL BEFORE STARTMG THE PERMITTED WORK IN THE FDOT RIGHT DOE VAY.
i
10 SMENCLOSSED L&OSCAPE GENERAL PROVISIONS ENCtoSFD (CsA TU 1440).
• n •
W.P.I. No.-
Section/Job No.:
F.A.P. No.:
S.R. No.:
County:
Parcel No.:
LEASE AGREEMENT
6116663
90050, sheet 12 of 28
N/A
5, Bayside. M.M. 63
Monroe. Conch Key
6003
THIS AGREEMENT, made thisJeday of /u 19pby and between the STATE OF FLORIDA•DEPARTMENT OF
TRANSPORTATION, hereinafter called the Lessor, and MONROE COUNTY, Florida, a political subdivision of the State
of Florida, hereinafter called the Lessee.
WITNESSETH
In consideration of One Dollar ($1.00) and other good and valuable consideration, the Parties agree as follows:
1. Lessor does hereby lease unto Lessee the lands described in Exhibit "A" attached hereto and made a (dart
hereof, for a period of thirty (30) years beginning with the date of this agreement.
2. The leased land shall be used solely for such purposes of training for fire/rescue services, community
assemblies and fund raising activities for the Conch Key Volunteer Fire and Rescue that are approved and authorized by
the Lessor. If the land is used for any other purpose, the lessor shall have the option of immediately terminating this
agreement.
3. Lessee shall pay to Lessor as rent each year in advance, One Dollar ($1.00) plus applicable taxes. Any
installment of rent received ten 110) days after the date due shall bear interest at the highest rate allowed by law. The
Department reserves the right to review and adjust the rental fee annually upon the tease's anniversary date. The
amount of increase will be based on the Consumer Price Index IC.P.I.). When this Agreement is terminated, the
unearned portion of any rent payment shall be refunded. to Lessee.
4. This agreement may be terminated by either party upon thirty (30) days notice to the other party.
However, Lessor shall not terminate this agreement under this paragraph except for demonstrated transportation needs.
5. No structures or improvements of any kind shall be placed upon the land or existidb structures of Lessor
without prior approval in writing by the District Secretary of Lessor, which approval shall not be unreasonably withheld.
All permitted structures or improvements of the Lessee shall be removed by the Lessee at its expense within sixty (60)
days of termination of this agreement and the land restored as nearly as practical to its present condition.
6. Portable or temporary advertising signs are prohibited; however, stationary owner identification sign Is
permissible.
7. Lessee shall not sublet or make any assignment, written or verbal, of this Lease Agreement, unless it is
approved in writing by Lessor.
S. The Lessee shall indemnify, defend, save and hold harmless the Lessor and all of its officers, agents. or
employees from suits, actions, claims, demands, or liability of any nature whatsoever arising out of, because of, or due
to the negligence of Lessee, its subconsultants, agents, or employees, except that, neither Lessee nor any of its agents
W.P.I. No.:
6116663
Section/Job No::
90060, sheet 12 of 28
F.A.P. No.:
N/A
S.R. No.:
S. Bayside, M.M. 63
County:
Monroe. Conch Key
Parcel No.:
6003
will be liable under this Agreement for damages arising out of injury or damage to persons or property directly causec
or resulting from the sole negligence of the Lessor, or any of its officers, agents, or employees.
9. The Lessor reserves the right to inspect the leased area and to require whatever adjustment to structures
or improvements as deemed necessary.
10. The Lessee will use and occupy said premises in a careful and proper manner, and not commit any waste
thereon. The Lessee will not use or occupy said premises for any unlawful purpose and conform to and obey any
present or future ordinances and/or rules, regulations, requirements and orders of governmental authorities or agencies
respecting the use and occupation of said premises.
11. Lessor shall have the right to enter the leased premises during normal business hours for the purpose oil
performing maintenance on its facilities and structures.
12. If Lessee Installs a locking gate or barrier, or other means of restricting access to the leased area, F
duplicate set of keys will be provided to Lessor for emergency access purposes.
13. This Lease is subject to all utilities in place and in use and to the maintenance thereof.
14. Lessee shall maintain the demised area at its expense . IN WITNESS WHEREOF, the parties hereto have
caused these present to be executed, the day and year first above written.
MONROE COUNTY STATE 01 FLORIDA DEPARTMENT OF TRANSPORTATION
BY:
Name Wilhelmina Harvey
Title Mayor/Chairman
ATTEST
V"U: DANNY L. KOLHAGE, CLERK
BY eazaZQffl-%V3l%ff1..
Deputy JMerk 7/
wv" U
LE APPRnu
D Barb ra Haynes,
District
ATTEST-
Executh ry
EXECUTION FORM AND CONTENT
9�
Counsel Date
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a CORrIER Of 111T 1. At•rUP01147 TV TIIB r•I.AT ••I• ,COMM•SKY A
SUNDIVIBION". AS REi11FUF11 In PLAT 1406K ]. PAcr I1.., :.► 111)' 1•'.•':
Pre3RD5 or HoMpUF. CotB1:(, Ylw,N1DA; 711121ICK .1•47•14. 11"E A; '.I;- ;I"-
:;AJrIIEASTFRLY LXTE.4Str,!t its, 111E SOtrI71WEL•TFRI.Y Rlci11-t,F-k/,; t;' .
:>Mrr l COIICII AVEIIIIE A LISTAliCE Of -11.76 FEE: 1D A F010T LY11'•7 • ::
LIVE 150.OU FEET IIttNT11Lt::iTLRI.r Of AND PARAIJ.EL Willi 111E
SURVEY AS SIIOWII Olt Tilt FLORIDA 11E{•ARTMF]Ir OF 7RAS::1•.1.TA. inti I:?'t:I.;
Of -MAY MAI' FOR MICH KEY. SFCTIOU 90GS0. rlIrr r UP Of �A. :Illl. !
II68"11.2C."E AIAUIC SAID PARAI.t rL 1.11ir A DI::TAttct. OF 48.:a F E!
�i POINT 150.00 FEET LEFT t•F SAiD RRSEI.IRE OF SttRVEY At
I St�011; TIIE1iCE S21.2h• la"E AI.0182 A 1.1rIE TF:RPEiiPlt'L•LAR 10 :AI:• F.A' I.
IAHE Of 8t11tVrY AT 3rA':I(41 I51t0D, SAID t'FJt{•EIII11cl:lAh I.: t:E A:
OREA , A ME rEPLT
VICTE1 Kt?ST 1'1RC or 171E LOBSTER AIJO CRAB TRAP
AREA 6, AS IIC1•iGTET1 till A h LL`P HARK UP OF TiIE fLttRldA DEI•Allr!u:.; I
TRAIISI.OkFATIOtJ RIGHT-C#F-WA: 1uP SECT1O11 400SO, r:NFl:e 1: PF :r. ?
acertVLU DY "FETSCxz a ASSOCIATES, Inc.-- 411 SLI r1.1!PLP IF, I', :•
FROM THE FLORIDA OEI•APIMERT Of TRAIISI.ORFATION. A DISrANCE (.I' ]^^
FEET TO A POINT LYI:IG OR A LINE 50.t►(1 FEET ilpkTlRiES1 Ek:•T lF i•.:'
PARAI.I.LL WIT11 SAID M-E1.INE OF SURVEY, SAID 1`O1117 RElr.'G St.•C:.
7 /.EIT AT STA?toll I57.04 OF SAID HANKLINE; 711rlICE :'r.8•lI•:•,«:t f;
SAID PARALLU. LINE A DIS-1micr Or 109.42 rcl.T TO ;I,,, !J•�,llllA!:i!. .
FR0Iot1CATl7tJ OF A t.iRF Dumas FROM POINT "A" 7711cou- i rrbtl.; "1••'
1NE UFSCRIPTIO11 of t-vilcil rl.Y FINE STATIOII AS PLC+1hDF'D IN 't 1-.
:bl, FACE 1171 T11N1.14'GII 1r75; TIIEIICC t57. 19•:h"W :.I..,I:G
�• SOUTiIEASTERr.Y PROIAVICATIMI A DISTANCE. or I411.12 rKKT 1-4 Al.ri`I'::%.:'•
NOIIIT "A", SAID POINT "A'• OE10G A COItJT On SAI:• tir•RTinil •.; rt:.
NIGHT -fir -WAY LIME OF SAiD STATE lk%AD 110. !.; 111F::C1 N. k• , • •••
AtLlnu SAID NORTIIWF.SrERI.T RIGHT"oF-HAY :.1I;E A l•1.:7{!tr{ P
If TO 791E 1•ulur tIF riE.:itC•1::^,. "
:1IF. :.I•:tee DF_SCRIDElt IAI•C•LL %:irAtNS 20241.115 •�t'ARr rij- .• .
ACRLA), MORE OR 1.!'aS.
T11E BFJ{RINGS USED [H 571t. AbW.0 FiSCR/lTlra ARE BA::Lb is
1:4RT11ERLY XLGIIT-OF-MAY LINE 01' STATE R..AO 1.-3. 5 Arr•,I•Hrt:; 7'•• '
1`11/RIDA, DF.rARTMFJR or TnAnSri IITATIGR P1G11:-: t -t:R.Y Y.:.1 1 ••R
YFi, SECTLOII 9O4jiA, :ItErr 1: •-r 2e. WHICiI FEARS l:tn•]1•I�"Y. :r.:
L1t1E IS C0111010E11TA[. TO .HE rht•IIIFRLY PVe-T L 1:IF ,.r I.a.? : tJF••C. 1:•'B
SCY A 11111001T1a10N", RrCPSUFII Ill FIAT B6OK 2, PACE 1'•i, it'!*::
Rf.C++1J.t OF I:C.IIIIOL CVI.1t7I, f1�•i'1UR, t RIC11 IIrA1I1.q F.c,s• 11.100 E.
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90050-E509-
CONCH KEY
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ti c SECTION 15-T65
100°3o'44"w 214 J-i� cnLc %uSEo _. - - -- - " - ---- - � — --- - -- •_• '- -- --
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detezmirnc'd iw@ field y '"aP are aMraxim'kte. IY.act Ic t . to
be
„Ajrtnr+rnt o_ TrarL '1�''` • Artless can be added ff agreed to h j Florida
K rtation and Hanroe Cory. Areas ev: to delat•x; da
Ptit:roe cattity or the Florida Depaxtnt of
Tra"Fvrt.ation.
A.reci ] : k@st End Bahia Adtprd0 to 35.22tnS1a a0
sheet 49 aI irxiM..an on jr pte)y
175' x 900'
T•rc.� T : PRt End Tc=Mi Harbor Channel Bri e of 2 Sta_ 7?Of00 to 2 +00 as r"M• 60.5
of 28, aF'pzvximatelY 40 x 300 1 on r w map
.
rtea ' I;t-st Ehd 7tx1r. i
Ftarn Sta. 7cut
6+Op tr7 00 asM.M. 61.5 (or_eanside)
28, apProocim�tely SO• x 200•. 1 on r w trap 6051
0,
41 suet 8
sheet 9 of
Area 4: Betkeen Zbms Hairbor Clot end ec�eans Users Island - M.M. 61.8
fir- `- t 93+00 to 99+00 as shca►�n
of 28, aWroximately 35' x 600' . r/M► ta7p 90G50, sheet 10
•A,rea 5: tbnch - M.M. 62.8 to 63.1 (ac
Frotr Sta. 7+ to 165+00 as ----emS-f�l
of 28� aPP'tely'50' x 1800*. on r/w �P 90050, sheet 12
Area 6: CWch g _ M.M. 62.9
i•� AE ( fside)
12 of 28AP cwimtel 2+50 as shown on r/w mop 90050, sh r
. a mo; ' Y 85' x 125 ,
l+rea 7: �n�
-----_ - M.M. 62.9 to 63.1 Zr
Fiom Sta. 154+0 to I63+00 as
Of 28, app rely 30, - 100' wide �ya—nr90'mV 900050, sheet 12
Area 8 : WOO#. r... � _ . . _
r�q std. _ -,..L - M.M. 79.0 t lfside)
to a AsOf 28, aPP=�imately 40' x 300'. on r w xap ,006 eet 14
Area `-ti—_ Fast iye. xlc�atable
-f- cannel Bzidcp
ec.'e--'tslde _'`------.., - M.M. 79.2 to 79.3
Fta' ; 1+0A to 327+00 as s
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MODIFICATION AGRREKE T OF LEASE
W.P.I. No.
6119831
MM No.
63
State/Job No.
99006-2502
Key
Conch Key
Federal Job No.
N/A
County
Monroe
State Road No.
5, Bayside
Parcel No.
6003
The Lease Agreement dated July 15, 1992 by and made between The STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION and MONROE COUNTY is hereby modified to
permit and locate on the asphalt pad on the east side of the FIRE STATION, an office trailer,
approximately 10' X 25'. The office trailer will house the Emergency Medical Service and
should be on site for approximately five (5) to eight (8) years to allow for the relocation and
completion of the proposed new FIRE STATION.
The office trailer is to be located on the portion of right of way legally descjib in the.attaclRd
Exhibit "A", and as mentioned above.
N ^
It is expressly understood that in all other respects, said terms and conditions of Lease
Agreement shall be in full force and effect. w
In WITNESS WHEREOF parties hereto set his hands and seals this
day of �� 29 %#-_.
MONROE UNTY
- E
By: By:
LESSEE
Date: 7117A I q4
ATTESTDANNY L. KOLHAGE, Clerk
a 0,; -T i I OTC I i � 0; � wm- - ,-
APPROVED TO FORM
AND OF CIENCY
By:
Attorney's Office
Date: -2 � - 9�1
OF FLORIDA
WENT OF NSPORTATION
M. CANN, JR., P.E.
tsiedit District VI
LESSOR
ATTEST:
ABET I -
Executive Secretary
APPROVAL AS TO EXECUTION
FORM AND CONmMNT
District General
Date: �, 6-94 U
JUM-10-04 15!55 FROM=MONROE COUNTY ATTY OFFICE I0:3052323520 PArma Z/:
ZeaWl o,rSO,P/ rION
4017roe Couny 4hE of way /ease
fIVm /70*7db Lleportinent of Trans 01Y,7 inn
A parcel of land an Conch Key lyng in fractional section 15. Township 65 South.
Range 34 East. Monroe County. Florida; said portal Wag fora particularly devorlbed
as follows:
Beginning at a point located 50 feet left of StatFon 151+00 as shown on
Florida 28pthencetof S 68'332Transportation
W. 105.43tof fed t;o a Map
50b feet 10on % of Station
149+94.57; thenoe N 5718'29" W. 61.72 feet to a point 100 feet left of Station
149+5a,40, said point also lying an the southeasterly ine of the right of way conveyed
to Monroe County by the Florida Department of Transportation 1n G.R. Bock 1848. Page
2315; thence coincident with said southeasterly right of way line N 6t3'33'26' E. 141_60
feet to a point 100 feet left of StatTon 151 +00; thence S 21'26'34' E. 50 feet to
the Point of Beginning.
The total amount of right of way to be conveyed in this lease is 64178 Square feet
The bearings used in this legal description are based on Florida Department of Tronsportetian
Right of Way Map, Section 90050-2509, sheet 12 of 28.
The Information used to compile this
regal description and sketch was taken
from Florldo 0dpartrrient of Transportation
Right of Way flop Section 90050•-2509,
sheet 12 of 28. a plait of Conch Key
recorded in Plot Back 2, Page 130, a
deed recorded in O.R. Book 1848, Page
2315 and a field survey performed on
4-01-04
Please #ee Sheet 2 for
the sketch of the legal
description, This sheet is
not valid WFthoUt Sheet 2.
MONROC COUNTY ENGINEERING DEPARTMENT
10800 AVIATION BOULFVARD MARATHON, FLORIDA 33050
305-2l19— 6074
Florida Department of lroneportation, OistricL M
ttem/Segment No.: 2503051
W. P.I, No.: 61166513
State Project No.. 90050
Federal Project No.: N/A
State Road No.: 5/us 1/Overseas Highway (Gultelde, MM63)
County: Monroe
Parcel No: 0006 Sheet 1 or 2
CERIIPIED TO:
FLDRIDA DEPAR1iMIW OF
TRANSPORTAMON
lids legal description a� wad d#en under
my direct supervision and is true and
correct to the best of My knowledge
end belief. „ y
_9 W
ralmed seal of Florida
and Afapper to be valid,
for informational purposes
4-01—GI
04-01
6-26-04
none
eb, south
J. VAder
34 Eost
' �, Wdda
15
try
n" kosr dnp
Monrea
WiLLI
t 7
s711N-10-04 i5:55 PROM'MONR08 COUNTY ATTY OPPICE ID:3052923518 PAGE 3/3
Outh Conch Avenue
"'`w f AJW Af or t°' d am,..,,
i� (S.-
0 .� +
+ '� �•� ^it: :: OWO
............... ;s;• 11' �� '' f lh Pas
It
77CXVI
SKEOF LEG<1L QE'SCR/P770N
Mo»roe co�niy �syht' o/ %�
�/am FXwaoo L�pg•Jment of Tio�spartaha►�
LEGEND
CERTIFlED TO:
P.0.FL - Pant of 9eginning ft_OR10A DEPARTMENT OF
e - utility pole & guy wire TR1WSFORTAnON
R/W - Right of way lime Please see Sheet 1 for
a^ - utility pole & light the legal ddcrSption. This
sheet is not Valid or complete
without Sheet 1.
MONROE COUNTY ENGINEERING DEPARTMENT
10600 AMMON AOU{—`vAfip µWWWON. P omw 33aso
one _ wnl
r
Certification: Certified for Sketch of Legat
Description
I hereby certify that this sketch meets the
Minimum Technical Stc"darde as set forth by
the Florida Boarcl of Professional sweveycrs
and Alappem in Chapter 61G17-6, Florida
Administrative Code. pursuant to Section
472.027, Florida Statutes. This Acetch was
erfarmed under my direct su0rvistaa •and
tro4 and Correct to the' Xest •¢f : my -
ledge and belIX. t _
Florida Deportment of Transportation, District VI
Itam/Segmenl No.:
W.P.I. No.:
2303081 ,
5115663
State Project No,:
9005D
Federal Project 'No.:
N/A
State
Count Road No.:
SR 5/US 1/0ve15e05 HighwAy (Boyside, MM63)
Parcel No: 0006
Sheet 2Monroe
of 2
MITBIWS A
, m wTF •. _ _ r �f
the gnotuft- ondyvriginoh'rvised
r need Surveyor and Mapper
mop, plot. or sketch is for
pW poses only and is not valid,
WORK 4-01-04
— 5-26—N
BOOK 0U-01
1' = so
VWW ea sOYtA
1• wild.,
'la God
J. wilder
t a
aWri, NAM;
01W leasedrg
IAonrpe
2 Z
DocN 1715474 10/15/2008 9:44AM
Filed & Recorded in Official Recorda of
MONROE COUNTY DANNY L. KOLHAGE
DOOM 1725474
Skill 2384 Pgo 879
MONROE COUNTY, FLORIDA
PLANNING COMMISSION RESOLUTION NO. P35-08
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION APPROVING THE REQUEST BY MONROE
COUNTY FOR AN AMENDMENT TO A MAJOR
CONDITIONAL USE PERMIT IN ORDER TO IMPROVE THE
CONCH KEY FIRE STATION BY RENOVATING THE
EXISTING 2,846 SQ FT ONE-STORY BUILDING,
CONSTRUCTING A 3,424 SQ FT TWO-STORY ADDITION TO
THE EXISTING BUILDING AND CARRYING OUT SEVERAL
MISCELLANEOUS SITE IMPROVEMENTS, AT PROPERTY
LEGALLY DESCRIBED AS SECTION 15, TOWNSHIP 65
SOUTH, RANGE 34 EAST, PORTION OF THE RIGHT-OF-
WAY OF STATE ROAD 5 (US HIGHWAY 1) AND PART LOT
1, PB2-130, CONCH KEY, MONROE COUNTY, FLORIDA
AND HAVING REAL ESTATE NUMBER 00099040.000000.
WHEREAS, during a regularly scheduled public meeting held on July 23, 2008, the
Monroe County Planning Commission conducted a review and consideration of a request by the
Craig Company, on behalf of Monroe County, for an amendment to a major conditional use
permit in accordance with §9.5-69, §9.5-245, §9.5-247(p) & §9.5-257 of the Monroe County
Code; and
WHEREAS, the subject property is located at 10 South Conch Key Avenue on Conch
Key, approximate mile marker 63, and is legally described as Section 15, Township 65 South,
Range 34 East, portion of the right-of-way of State Road 5 (US Highway 1) and part Lot 1, PB2-
130, Conch Key, Monroe County, Florida, having real estate number 00099040.000000; and
WHEREAS, Monroe County is owner of the subject property. Further, the County has
leased an adjoining 6,176 ft' parcel of land from the Florida Department of Transportation
through 2021; and
WHEREAS, the applicant is redeveloping Fire Station No. 17, commonly known as the
Conch Key Fire Station, by renovating the existing 2,846 ft2 one-story building, constructing a
3,424 ft2 two-story addition to the existing building and carrying out several miscellaneous site
improvements; and
Resolution P35-08 Pagel of 6
File 28053
DOW 1715474
Bkp 2384 Pgp 680
WHEREAS, the scope of work proposed in this application is intended to address the
deficiencies and issues raised in a 1991 evaluation of the fire station. In 1991, existing fire
facilities throughout Monroe County were evaluated. At that time, it was found that the Conch
Key Fire Station did not adequately meet the present day needs of the community and the
anticipated future needs of the community; and
WHEREAS, in 2004, the County received an amendment to a major conditional use
permit in order to renovate and expand the existing fire station, as filed and recorded in Planning
Commission Resolution No. P49-04. However, a building permit was not applied for within six
months of the recording date and as a result of conditional use permit time limitations,
Resolution No. P49-04 expired and became null and void. This application is to have the project
re -approved. The proposed, site plan in this application is the same as the site plan approved in
2004. The proposed interior layout of the building has been modified; however the alterations
are minor in nature; and
WHEREAS, the amendment to a major conditional use permit approved under this
resolution was contingent on the approval of a variance to the setback requirements. The
applicant applied for a variance in order to redevelop the property on June 30, 2008. The
variance application was processed concurrently with the major conditional use permit
application and was also heard and decided upon by the Planning Commission on July 23, 2008.
The Planning Commission approved the variance request, which shall be recorded in Resolution
No. P34-08; and
WHEREAS, the Planning Commission reviewed the following documents and other
information relevant to the request, which by reference are hereby incorporated as part of the
record of said hearing:
1. Major conditional use permit application received by the Monroe County Planning &
Environmental Resources Department on June 16, 2008; and
2. Development Review Committee Resolution No. 06-08; and
3. Site Plan (A-1) by William P. Horn Architect, P.A., dated August 20, 2004 and last
revised April 29, 2008; and
4. Site Plan -Ground Floor Plan (A-2) by William P. Horn Architect, P.A., dated March
3, 2004 and last revised April 29, 2008; and
5. Ground Floor Plan (A-3) by William P. Horn Architect, P.A., dated March 3, 2004
and last revised April 29, 2008; and
6. Second Floor Plan (A-4) by William P. Horn Architect, P.A., dated March 3, 2004
and last revised April 29, 2008; and
7. Elevations (A-5 & A-6) by William P. Horn Architect, P.A., dated March 3, 2004 and
last revised April 29, 2008; and
8. Conceptual Drainage Plan (C-1) by Perez Engineering & Development, Inc., dated
April 12, 2004; and
9. Conceptual Landscape Plan (L-01) by the Craig Company, dated June 1, 2004; and
10. Boundary Survey by the Monroe County Public Works Engineering Department,
dated April 8, 2004; and
11. Traffic Evaluation by Carter & Burgess, Inc., dated May 31, 2008; and
Resolution P35-08
File 28053 Page 2 of 6
Doep 1715474
Bko 2384 Pgo 881
12. Staff report prepared by Joseph Haberman, Monroe County Principal Planner, and
Janis Vaseris, Monroe County Biologist, dated July 3, 2008; and
13. Sworn testimony of Monroe County Planning & Environmental Resources
Department staff, and
14. Sworn testimony of the applicant and the general public; and
15. Advice and counsel of Susan Grimsley, Assistant County Attorney, and Bob
Tischenkel, Planning Commission Counsel; and
WHEREAS, based' upon the information and documentation submitted, the Planning
Commission makes the following Findings of Fact:
I. The subject property is located in a Commercial Fishing Special District 16 (CFSD-
16) District; and
2. The subject property has a Future Land Use Map (FLUM) designation of part Public
Facilities (PF) and part Mixed Use/Commercial Fishing (MCF). However, the
development take place entirely on the portion of the site designated as PF; and
3. The tier map overlay designation of the subject property is Tier 3; and
4. Pursuant to §9.5-247(p) of the Monroe County Code, in the CFSD-16 District, the
Commercial Fishing Area (CFA) regulations apply per §9.5-245. Pursuant to §9.5-
245, in the CFA District, with major conditional use permit approval, uses permitted
under the land use overlay of PF may be granted subject to provisions of §9.5-257.
Pursuant to §9.5-257, in the PF overlay district, any use identified in the Year 2010
Comprehensive Plan as PF and further identified on the FLUM with a designation of
PF may be approved; and
5. Building Permit 7416, issued in 1964, approved the construction of a 1,750 ft' fire
station on the property. Therefore, the property was being used as a fire station,
defined as a public use, prior to the adoption of the current land development
regulations in 1986. Therefore, in accordance with §9.5-2(c) of the Monroe County
Code, the site has been deemed to have a major conditional use permit since 1986 and
the proposed improvements were evaluated as an amendment to the major conditional
use permit; and
6. §9.5-65 of the Monroe County Code provides the standards which are applicable to
all conditional uses. When considering applications for a conditional use permit, the
Planning Commission shall consider the extent to which:
(a) The conditional use is consistent with the purposes, goals, objectives and
standards of the Monroe County Year 2010 Comprehensive Plan and Monroe
County Code; and
(b) The conditional use is consistent with the community character of the immediate
vicinity of the parcel proposed for development; and
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(c) The design of the proposed development minimizes adverse effects, including
visual impacts, or the proposed use on adjacent properties; and
(d) The proposed use will have an adverse effect on the value of surrounding
properties; and
(e) The adequacy of public facilities and services, including but not limited to
roadways, park facilities, police and fire protection, hospital and Medicare
services, disaster preparedness program, drainage systems, refuse disposal, water
and sewers, judged according to standards from and specifically modified by the
public facilities capital improvements adopted in the annual report required by the
Monroe County Code; and
(f) 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; and
(g) The development will adversely affect a known archaeological, historical or
cultural resource; and
(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; and
7. At the July 23, 2008 meeting, the applicant requested that the Planning Commission
waive the loading zone requirement in accordance with §9.5-354 of the Monroe
County Code; and
8. Pursuant to §9.5-72 of the Monroe County Code, unless otherwise specified in the
approved conditional use approval, application for a building permit(s) shall be made
Athin six months of the date of the approval of the conditional use, and all required
certificates of occupancy shall be procured within two years of the date of issuance of
the initial building permit, or the conditional use approval shall null and void with no
further action required by the County. The previous conditional use approval under
Resolution No. P49-04 expired due to unexpected impediments. At the July 23, 2008
meeting, staff requested that the Planning Commission approve an extended
timefiame in order to avoid a similar situation: application for a building permit(s)
shall be made within one year of the date of the approval of the conditional use, and
all required certificates of occupancy shall be procured within three years of the date
of issuance of the initial building permit; and
9. Developments requiring a major conditional use permit shall be consistent with the
Principles for Guiding Development in the Florida Keys Area of Critical State
Concern; and
10. Planning & Environmental Resources Department staff found that the applicant has
demonstrated that all of the required standards shall be met and recommended
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approval of the amendment to a major conditional use permit application with
conditions; and
WHEREAS, based upon the information and documentation submitted, the Planning
Commission makes the following Conclusions of Law:
1. The amendment to a major conditional use permit request is consistent with the
provisions and intent of the Monroe County Year 2010 Comprehensive Plan.
a. The redevelopment is consistent with the purpose of the Public Facilities (PF)
future land use category, as set forth in Policy 101.4.13; and
2. The amendment to a major conditional use permit request is consistent with the
provisions and intent of Chapter 9.5 of the Monroe County Code.
a. The redevelopment is consistent with the purpose of the CFSD-16 District
designation, as set forth in §9.5-218; and
b. The land uses of the redevelopment are permitted uses in the CFSD-16 District, as
set forth in §9.5-247(p), §9.5-245 and §9.5-257; and
c. The redevelopment shall meet all of the standards for a conditional use permit as
set forth in §9.5-65 of the Monroe County Code; and
3. At the July 23, 2008 meeting, the Planning Commission waived the loading zone
requirement; and
4. At the July 23, 2008 meeting, the Planning Commission approved an extended
timeframe: application for a building permit(s) shall be made within one year of the
date of the approval of the conditional use, and all required certificates of occupancy
shall be procured within three years of the date of issuance of the initial building
permit; and
5. The amendment to a major conditional use permit request is consistent with the
Principles for Guiding Development in the Florida Keys Area of Critical State
Concern; and
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION
OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of
Law support its decision to APPROVE the request the request by Monroe County for an
amendment to a major conditional use permit, subject to the following conditions:
1. Prior to the issuance of a building permit, the applicant shall submit documentation
from the State of Florida Department of Transportation indicating the agency's
approval of the site plan, in accordance with Item 5 of the lease agreement between
the Department and Monroe County. Item 5 states that "no structures or
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improvements of any kind shall be placed upon the land or existing structures of
Lessor without prior approval in writing by the District Secretary of Lessor, which
approval shall not be unreasonably withheld. All permitted structures or
improvements of the Lessee shall be removed by the Lessee at its expense within
sixty (60) days of termination of this agreement and the land restored as nearly as
practical to its current condition." The site plan shows the addition of parking area
and landscaping on the leased portion of the site.
2. Prior to the issuance of a building permit, the applicant shall receive all required
Permits and approvals from the United States Army Corps of Engineers, Florida
Department of Environmental Protection, South Florida Water Management District,
Florida Department of Health and the Florida Department of Transportation.
3. Prior to the issuance of a building permit, the proposed development and buildings
shall be found in compliance by the Monroe County Building Department, the
Monroe County Floodplain Administrator, the Monroe County Engineer and the
Monroe County Office of the Fire Marshal.
4. An application for a building permit shall be made within one (1) year of the
recording date of the Planning Commission Resolution in the official records of the
Monroe County Clerk of the Court. All required certificates of occupancy shall be
procured within three (3) years of the date of issuance of the initial building permit.
5. The applicant shall provide a bicycle rack in accordance with §9.5-352(k) of the
Monroe County Code.
6. All standards and requirements of the Americans with Disabilities Act (ADA) shall
be met.
PASSED AND ADOPTED BY THE PLANNING COMMISSION of Monroe County,
Florida, at a regular meeting held on the 23"d day of July, 2008.
Chair Wall
YES
Vice -Chair Cameron
YES
Commissioner Hale
YES
Commissioner Marston
YES
Commissioner Windle
YES
PLANNING COMMISSION OF MONROgy COUNTY, FLORIDA
BY ,Ei 7/31 /Og APPROVED AS TO FORM
Randolph D. all, air ��
AI4D LEGAL
''SUFFICIENCY
A'torney's Office
Resolution P35-08
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