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Item O4
BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 18, 2011 Division: Growth Management Bulk Item: Yes X No _ Department: Planning & Environmental Resources Staff Contact Person/Phone #: Christine Hurley Growth Management Director Ext. 2519 AGENDA ITEM WORDING: A public hearing to consider approval of a resolution renouncing and disclaiming any right of the County and the public in and to the western half of the right-of-way of a portion of King Street, adjacent to Block 6 and Blue Runner Street, Anglers Park Subdivision, Key Largo, as recorded in Plat Book 1, Page 159 of the public records of Monroe County, Florida. ITEM BACKGROUND: The petitioner has requested abandonment of a portion of the right-of-way of the western half of King Street, as described above, in order to install landscaping. The platted right-of-way for King Street was never constructed, and the eastern portion of the right-of-way was abandoned in 2002 by Resolution No. 541-2002. A Quit Claim Deed from the petitioner has been executed and is being held in escrow by the County pending resolution of the abandonment request. The executed deed would convey 12.77 square feet to the adjacent property owner (Block 7, Lot 16) in order to maintain 5 feet between the adjacent property owner's driveway and the new property line that would be created by the abandonment. PREVIOUS RELEVANT BOCC ACTION: June 10, 1969 — BOCC passed Resolution 51-1969 November 20, 2002 — BOCC passed Resolution 541-2002 April 20, 2011 - BOCC approved Resolution No.126-2011 setting a public hearing for May 18, 2011 in Key Largo for this request. CONTRACT/AGREEMENT CHANGES: STAFF RECO NDATIONS: Approval TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes No NIA I1) I 14:4110611, 1 i 1!1111111711,11 a W , 1 1 1 REVENUE PRODUCING: Yes No N/A AMOUNT PER MONTH N/A Year APPROVED BY: County Atty x OMB/Purchasing Risk Management DOCUMENTATION: Included X I17�� �1�.� ill L1�►� Not Required AGENDA ITEM # Revised 7/09 6 7 To: Monroe County Board of County Commissioners 8 9 From: Steven Biel, Sr. Planner 10 11 Through: Christine Hurley, AICP, Director of Growth Management 12 Townsley Schwab, Sr. Director of Planning & Environmental Resources 13 14 Date: April 19, 2011 15 7 BOCC Meeting: May 18, 2011 18 19 REQUEST: The petitioner, Sally Stribling, has requested abandonment of a portion of the right-of-way 20 of the western half of King Street that is adjacent to Block 6 and Blue Runner Street in Anglers Park 21 Subdivision, Key Largo, in order to install landscaping on the platted right-of-way as shown in Platt 22 Book 1, page 159. It should be noted that the eastern portion of King Street was abandoned in 2002 as 23 memorialized by Resolution No. 541-2002. 24 25 REVIEW: This petition has been reviewed by County staff and written recommendations of no 26 objection were received from Monroe County Engineering Services, Fire Marshal, Code Enforcement, 27 and the Monroe County Sheriff's Office. A letter of objection was received from the property owner 28 (Thomas and Shawn Dudley, Lot 16, Block 7) adjacent to the east of the right-of-way proposed for 29 abandonment. 30 31 The County Engineer has noted that there is an approximate 8-inch portion of the Dudley's concrete 32 driveway within the area to be abandoned. In response, the applicant has drafted a Quit Claim Deed that 33 would deed 12.77 square feet to the Dudley's. This 12.77 square -foot area is located just to the south of 34 the Dudley's driveway and would provide for a 5-foot setback between the Dudley's driveway and the 35 new Stribling property line created by the abandonment of the King Street right-of-way. The Quit 36 Claim Deed shall be signed and held in escrow prior to the public hearing on May 18, 2011. The area to 37 be deeded to the Dudley's is shown on a Sketch of Description prepared by David Massey Land 38 Surveying, Inc., dated January 21, 2011. 39 40 The Sheriffs office and Office of the Fire Marshal have no objections to the proposed abandonment. 41 42 By granting the abandonment, the County would be relieved of any liability for maintenance or any 43 unauthorized use of the right-of-way. 44 45 King Street was a platted right-of-way as shown on the plat of Anglers Park, Key Largo, Plat Book 1, 46 Page 159 of the public records of Monroe County. A portion of the right-of-way extending northerly 47 from Adams Cut to approximately just north of another abandoned right-of-way (Tarpon Avenue) was King Street Right -of -Way Abandonment Petition Reviewed by Page 1 of 2 1 abandoned in 1959. From this point, the King Street right-of-way was further abandoned to 2 approximately the northern boundary of Lot 17 located in Block 7. This was memorialized by 3 Resolution No. 51-1969. In 2002, Resolution No. 541-2002 granted the abandonment of the eastern half 4 of the King Street right-of-way from Lot 17, Block 7 to the terminus with Bonito Avenue. If this 5 proposed abandonment is granted, it would complete the entire abandonment of the King Street right-of- 6 way. The entire area of right-of-way being requested is approximately 2,053.62 square feet. 7 8 9 Monroe County Code Section 19-1 - Abandonment of rights -of -way states: 10 11 (a) No dedicated and accepted right-of-way in the county shall be abandoned where: 12 (1) the right-of-way terminates on a body of open water; or 13 (2) the right-of-way provides access to the public to land on open water; or 14 (3) the abandonment would preclude a way for the public to maintain access to the water. 15 16 (b) In all other cases of abandonment, no right-of-way shall be abandoned unless there is an 17 agreement to do so by all affected property owners. For purposes of this subsection, an 18 affected property owner is the owner of property which, if the right-of-way is abandoned, 19 will: 20 (1) Have access that is currently used by that property owner eliminated; 21 (2) Have the only platted access eliminated; 22 (3) Have the paved area adjacent to that property increased for turn -around purposes; or 23 (4) Be increased in size. 24 25 (c } A road may be abandoned only at the terminal portion of the road and in its full width unless 26 the abandonment will comply with the County Code requirements for road, turn -around, and 27 fire -rescue access and one of the following circumstances exists: 28 (1) An adjacent lot owner has on the platted right of way or within a setback a substantial 29 structure which predates the Special Session Law 59-1578 pertaining to maps, plats 30 and right of way. The term "substantial structure" specifically does not include wood 31 or metal fences, sheds or tiki huts or other items not listed which are accessory 32 structures. 33 (2) The abandonment is requested by a County department or governmental agency for a 34 public purpose. 35 36 (d) The board of county commissioners considers these a restriction on the rights of individuals 37 who desire to abandon properties in accordance with F.S. § 336.09. 38 39 The requested abandonment of a portion of the King Street right-of-way, as shown on a Sketch of 40 Description prepared by David Massey Land Surveying, Inc., dated January 21, 2011 meets the criteria 41 cited above and is therefore suitable for abandonment. 42 43 RECOMMENDATION: Staff recommends approval. King Street Right -of -Way Abandonment Petition Reviewed by Page 2 of 2 0 0 � IlAaotiet� � §1PI L 0 T I7 I L 0 T I5 Bums 7 BLOW 7 I er ous I IT ftl DAVID MASSEY LAND SURVEYING, INC. �'°""' � °�"0°� F°. 30'm"-oz�s fJL050 O wrwos PA. 9" 419. Tavrmix FL 33070 plea Sty FWido WC16Cata of Authorisation No. L9 8956 ,u "uo goafto 14 . TowiWp 01 SaulN R&w = Eam ' b■1 M +ter ■mrw.. •w /Ma.noo vnMr nor •rw jz W M0'JT ME tay up" Mamas l�unlT. llorWa «. 6 w. w ..,ese1 ■ w ..M «,ryrw �+ +orw�+:w nwu uw *.� "W40 M Mir n.no. a w"m 5,6F1A11p1C ARID n amcRat ,oy Os 422=. ra. PAW M& NOR*& 3-03-10 rMbook IM. 153 UCVJfl O SURVEMR DMA V tic 10442 DMwn Dr. O.S.Y. SCOW 1' .. 40' 0cmid S. Mmov. P.S.M. 1 5125 Ali MMPLR Petitioner: Sally Stribling 1:1 ofzif) ILIJ I CoWsk[ia�►�lji1 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY RENOUNCING AND DISCLAIMING ANY RIGHT OF THE COUNTY AND THE PUBLIC IN AND TO THE WESTERN HALF OF THE RIGHT-OF-WAY OF A PORTION OF KING STREET, ADJACENT TO BLOCK 6 AND BLUERUNNER STREET, ANGLERS PARK SUBDIVISION, KEY LARGO AS SHOWN AS RECORDED IN PLAT BOOK 1, PAGE 159 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of Monroe County, Florida, desires to renounce and disclaim any right of the County and the public in and to the hereinafter streets, alley -ways, roads or highways, WHEREAS, due notice has been published and a public hearing has been held in accordance with Chapter 336, Florida Statutes; and WHEREAS, at said public hearing the Board considered the argument of all parties present wishing to speak on the matter, and considered the renouncing and disclaiming of any right of the County and public in and to the hereinafter described streets, alley -ways, roads, or highways as delineated on the hereinafter described map or plat: and WHEREAS, the Board has determined that vacation of the said road is for the general public welfare, and conforms to the requirement of Florida Statute Sections 336.09 and 336.10; and NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that it hereby renounces and disclaims any right of the County and public in and to the following described streets, alley- ways, roads, or highways as delineated on the hereinafter described map or plat, to -wit: "A portion of King Street, adjacent to Block 6 and Blue Runner Street, all as shown on Plat of Anglers Park according to the Plat thereof, as recorded in Plat Book 1, at page 159 of the Public Records of Monroe County, Florida, and being more particularly described as follows: Commencing at the intersection formed by the dividing line between Lots 16 and 17, Block 7, and the East right-of-way line of King Street as shown on said Plat of Anglers Park; thence run in a Westerly direction along the Westerly extension of the dividing line between said Lots 16 and 17 for a distance of 25.00 feet to a point on the centerline of said King Street and the Point of Beginning of the parcel hereinafter described, from said Point of Beginning continue in a Westerly direction along Westerly extension of said dividing line between Lots 16 and 17 for a distance of 25.00 feet to a point on the Westerly right-of-way line of said King Street and on the Easterly line of said Block 6; thence deflecting 90' to the right and in a Northerly direction run for a distance of 8.31 feet to the point of curvature of a curve concave to the Southwest and having for its elements a radius of 15.00 feet, a delta angle of 141 °55'00"; thence run in a Northwesterly and Southwesterly direction along the arc of said curve for a distance of 37.15 feet to a point of tangency on the Southeasterly right-of-way line of said Blue Runner Street; thence run in a Northeasterly direction along the Southeasterly right-of-way of said Blue Runner Street for a distance of 78.28 feet to a point; thence deflecting 90' to the right and running in a Southeasterly direction for a distance of 4.47 feet to a point on the Centerline of said King Street; thence deflecting 51 °55'00" right and running in a Southerly direction for a distance of 76.42 feet back to the Point of Beginning. Containing 2, 053.62 square feet, more or less. " PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 1 Sth day of May. 2011 Mayor Heather Carruthers Mayor Pro Tem David Rice Commissioner Kim Wigington Commissioner George Neugent Commissioner Sylvia J. Murphy (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK Lo I1 u e '00i OLVIIINNu 11. Mayor Heather Carruthers THIS INSTRUMENT PREPARED BY: HERSHOFF, LUPINO & YAGEL, LLP 90130 Old Highway Tavernier, Florida 33070 Loll) Igot [J1Z1�T 7 THIS QUIT -CLAIM DEED, executed this _L__ day of ,.( . 2011, by Sally Stribling, a single woman, whose address is P.O. Box 373180, Key Largo, FL Grantor, to Thomas E. Dudley and Shawn M. Dudley, his wife, whose address Is P.O. Box 2843, Key Largo, FL Grantee: Grantor, in consideration of TEN & NO/1D0THS DOLLARS and other good and valuable consideration paid by the Grantee(s) to the Grantor(s) do hereby remise, release, and forever quitclaim to grantee that real property -located in the County of Monroe, State of Florida, and more particularly described as follows: See Exhibit "A" attached hereto and made a part hereof Subject to taxes for the current and subsequent years. Conditions, restrictions and reservations of record, zoning ordinances, easements for the public utilities, if any, and existing mortgages. THIS INSTRUMENT WAS PREPARED WITHOUT BENEFIT OF A TITLE EXAM OR ISSUANCE OF A TITLE INSURANCE POLICY. TOGETHER WITH all the estate and rights of grantor(s) in such property. IN WITNESS WHEREOF, grantor(s) has/have executed this deed on the date first above written. Signed, sealed and delivered in the presence of: 91N ame: Stri ling Witn w .S #1 Print Name: Jk4L1t n t4/ t,J Witness #2 STATE OF FLO DA COUNTY OF _ / & !� The foregoing instrument was acknowledged before me this day of r'' 2011, by Salty Stribling who is personally known to me or has produced as identification. My Commission Expires: / p 0/ .t�L [ Notary Public ! Print Name: MAUREEN C. WEIS - :+'_ Cammissip� # DD 9327ti6 = Exepk6s January 7, 2014 amnnarw N 14h 0 y10 ha.a w0 9 0., S a IL w0 <s4 H = 1'1 pp pQ ;"eiA� m Tpa T9 A3 9.ry+7 9 t1hw D ®aft] 1y yyou k}I+�Mh pppp tW�}r r. 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Fl. 33070 CGani: Dudley Florida Certificate of Auttlarizotion No, LB 6956 NOT VALID I nal.ay Pxr1+h teal �• +5' n'r`0^ ww w�omn.a wew my dress WITHOUT THE Section t4 Township 6t South. Range 39 East , x;®n mb Is tW orb My to t bsrl of mg ax1 SIGNATURE AND 1®e = Poe tmw THE ORIGINAL Key LorgO Monroe County. Florida t�e1 f . art,oxr kw F f RAISED SEAL OF A FLORIDA , LICENSED SURVEYOR Drafted: i-21-11 Fieldbook No. 153 AND MAPPER Drowina No. 10785A Drawn By: D.S.M.S,01g: t" . An' David S. Massey. P.S.M. # 5t25 Pedtiama: sa[y &OHng RESOLUTION NO, 126 -2011 A RESOLUTION SETTING THE DATE, TIME, AND PLACE FOR A PUBLIC HEARING CONCERNING THE PROPOSED ABANDONMENT OF THE WESTERN HALF OF THE RIGHT- OF-WAY OF A PORTION OF KING STREET, ADJACENT TO BLOCK 6 AND BLUERUNNER STREET, ANGLERS PARK SUBDIVISION, KEY LARGO AS SHOWN AS RECORDED IN PLAT BOOK 1, PAGE 159 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of Monroe County, Florida, desires to renounce and disclaim any right of the County and the public in and to the hereinafter streets, alley -ways, roads or highways, WHEREAS, under Chapter 336, Florida Statutes, it is necessary to hold a public hearing after publishing doe notice of said hearing in accordance with said Chapter, now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Board will hold a public hearing on May 18, 2011, at 3:00 P.M. at the Murray E. Neison Government & Cultural Center, 102050 Overseas Highway, Key Largo, Florida, to determine whether or not the Board will renounce and disclaim any right of the County and the public in and to the following described streets, alley- ways, roads; m highways as delineated on the hereinafter described map or plat, to -wit: "A portion of King Street, adjacent to Block 6 and Blue Runner Street, all as shown on Plat of Anglers Park according to the Plat thereof, as recorded in Plat Book 1, at page 159 of the Public Records of Monroe County, Florida, and being more particularly described as follows: Commencing at the intersection formed by the dividing line between Lots 16 and 17, Block 7, and the East right-of-way line of King Street as shown on said Plat of Anglers Park thence run in a Westerly direction along the Westerly extension of the dividing line between said Lots 16 and 17 for a distance of 25.00feet to a point on the centerline of saidKing Street and the Point of Beginning of the parcel hereinafter described; from said Point of Beginning continue in a Westerly direction along Westerly extension of said dividing line between Lots 16 and 17 for a distance of 25.00 feet to a point on the Westerly right -of --way line of said King Street and on the Easterly line of said Block 6; thence deflecting 900 to the right and in a Northerly direction run for a distance of 8.31 feet to the point of curvature of a curve concave to the Southwest and having for its elements a radius of 15.00 feet, a delta angle of 141 °55'00", thence run in a Northwesterly and Southwesterly direction along the are of said curve for a distance of 37.15 feet to a point of tangency on the Southeasterly right -of --way line of said Blue Runner Street; thence run in a Northeasterly direction along the Southeasterly right-of-way of said Blue Runner Street for a distance of 78.28 feet to a point; thence deflecting 900 to the right and running in a Southeasterly direction for a distance of 4.47 feet to a point on the Centerline of said King Street; thence deflecting 51 °55'00" right and running in a Southerly direction for a distance of 76.42 feet back to the Point of Beginning. Containing 2, 053.62 square feet, more or less. " PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 2& clay of April, 2011 Mayor Hesther Carruthers Mayor Pro Tom David Rice WWWgton ' - e NBugeLf " J. Murphy •.��4'F:AL� r A ; DANNY L. KOLHAGE, CLERK DefB IIty Clerk 0: G �F=^ ; Uj _w i.+ _ 1. N Ypa Yes Yes Yes Yes BOARD OF COUNTY COMMISSIONERS OF MONROE C®LINTY, FLORIDA M&/-Y1 4ttl�6-am Mayor H File M 201 0=1 03 I - i� I . 1111q� Agent:#ff, Lupino & Yagel Type of Application: Road Abandonment Key: Key Larg.s 91 0 County of Monroe Growth Management Division O ce of thl Director 2798 Overseas Highway Suite #400 Marathon, FL 33050 Voice: (305) 289-2517 FAX: (305) 289-2854 We strive to be caring, professional and fair Dear Applicant: B29M of County CommWoners Mayor Sylvia I Murphy, Dist, 5 Mayor Pro Tern Heather Carruthers, Dist. 3 Kim Wigington, Dist. 1 George Neugent, Dist. 2 Mario Di Gennaro, Dist. 4 Date: This is to acknowledge subnvttal of your application for _an J,,,&'JCJrt") IVPII Type of application b L a4 SS 114 to the Monroe County Planning Department. -- - - Project -Name Thank you. Planning Staff APPLICATION MONROECOUNTY d „Ji Road Abandonment Petition An application must be deemed complete and In compliance with the Monroe County Code by the Staff prior to the item being scheduled for review Road Abandonment Application Fee: S 1,533.00 In addition to the application fee, the following fees also apply: � : �� ! Advertising Costs: S245.00 `�- / + l / p Date of Submittal: Cr I�rl / C) Month Day Year PropertyOwner Q FL- M 'ling Address (Street, City, State, Pip Code) t•16. Daytime Phone Emad Address Description of roadway to be abandoned: Petitioners seek the abandonment for the following Agent (if pp a a '7 lKL 70 Mailing Address (Street. City, tale, Zip Code) ...— Daytime Phone Page i of 4 F_as] Re►ised 0213044 FN APPLICATION Legal description of contiguous property In which the abandoned roadway would become part: (If in metes and bounds, attach legal description on sepamte sheet) Block Real Estate (RE) Number Lot Street AAdress (Street, City, State, Zip Code) Present use of the roadway to be abandoned: Proposed use of the roadway to be abandoned: Total land area of the roadway to be abandoned: A Please provide all reasons for why the county should grant the road abandonment (if necessary, attach additional sheets): A19WhZ Abandomnent of rights -of -way: (a) No dedicated and accepted right-of-way in the county can be abandoned where the right-of-way terminates an a body of open water. (b) In all other cases of abandonment, no right-of-way can be abandoned unless there is an agreement to do so by all affected property owners. For proposes of this subsection, an affected property owner is the owner of which, if the right-of-way is abandoned, will: (1) Have access which is currently used by that property owner eliminated; or (2) Have the only platted access eliminated; or (3) Have the paved area adjacent to that property increased for turn -around purposes; or (4) Be increased in size. (c) The county commission considers these a restriction on the rights of individuals who desire to abandon properties in accordance with Florida Statutes Section 336.09. `All of the following must be submitted in order to have a complete application submittal: (Please check as you attach each required item to the application) Complete road abandonment application (unaltered and unbound); Correct fee (check or nwney order to Monroe County Planning & Environmental Resources); Legal description of the portion of the roadway to be abandoned in metes and bounds; Proof of ownership of the petitioner's property(s) (i.e. Warranty Deed); Page 2 of 4 Last Revised 0212009 Abandonment Petition, page two, reasons for abandoning: In 2002 Monroe County abandoned a portion of the cast '/z of King Street for Mr. Thomas Dudley whose property adjoins the east %a of the portion abandoned. This petition is for the west ''/Z of King Street behind the petitioner's home. The portion of King Street to be abandoned serves no useful purpose as a roadway. If the petition is granted the petitioner intends to replant the area with natural Florida Keys vegetation. 11 APPLICATION Current Property Record Card(s) from the Monroe County Property Appraiser for the petitioner's property; L7 Location map (i.e. copy of strip map, aerial photograph); G r Photograph(s) of the roadway to be abandoned; 13 Signed and Sealed Survey of roadway to be abandoned and all adjoining properties, prepared by a Florida registered surveyor -- 12 sets (At a minimum, survey should include a legal description of the roadway; elevations; location and dimensions of all existing structures, paved areas and utility structures; roadways and easements; and all bodies of water on the site and adjacent to the site. The portion of the roadway to be abandoned should be marked with diagonal lines and the petitioner's property should be clearly delineated); Letters of "No Objection" from all utility companies (Florida Keys Aqueduct Authority (FKAA); Florida Keys Electric Cooperative (FKEC) or Keys Energy Services; telephone utility, gas utility, cable utility, wastewater treatment authority, etc.); ❑ Letters of "No Objection" from all affected property owners (an affected property owner is a) one who would have a means of access to his or her property closed off as a result of the abandonment even though he or she may not actually use the right-of-way or to abandonment or b) one whose property abuts the portion of the roadway to be abandoned); /✓//4 ❑ IF A CUL-DE-SAC OR "T-TYPE" TURNAROUND IS REQUIRED to be constructed, it will be the responsibility of the Petitioner, if the road to be abandoned will result in an existing rock or paved road being shortened. See Monroe County Code §9.5-296(p). Your petition should specifically state your agreement to construct either the cul-de-sac or "T-type" turnaround per County Standard Specifications and Details. (Should you need additional information regarding this matter, please contact the Monroe County Engineering Department directly by phoning (305) 292-4426). If applicable, the following must be submitted In order to have a complete application submittal: ❑ Notarized Agent Authorization Letter (note: authorization is needed from all owner(s) of the subject Property) If deemed necessary to complete a full review of the application, the Planning & Environmental Resources Department reserves the right to request additional information. Petitioners agree to be responsible for and pay for all costs of advertising and recording fees incurred relative to this request for the abandonment. The filing of a petition does not entitle one to abandonment. Petitioners further agree to grant any easement necessary for the furnishing of utilities, including without limitation, electric power, water, sewer, telephone, gas, cable and other electric communication services to the same extent as is common within this area as to height, width and degree, upon request for such service or by the BOCC through its authorized agents. If easements are so required, copies of the executed documents will be provided to the County before the petition is presented to the BOCC. Petitioners certify that the road to be abandoned does not end at open water or that, if it does, the road is not a dedicated and accepted right-of-way (including by operation of law due to construction or maintenance by the County). Page 3 of 4 I-ast Revised 02/2009 APPLICATION We hereby petition the Honorable Board of County Commissioners to renounce and disclaim any right of the County and the public in and to the above -referenced street, alleyway, road or right-of-way as further depicted and described in the attachments. By signing below, I certify that I am f with the information contained in this application, and that to the best of my lrn cd In tion is true, complete and accurate. Signature of Applicant: Date: Sworn before me this day of a?0/ NHr~'try• .,�+ ti CRYSTAL FAY SE6®EN Notary Pubfk - Stott® of Florida q MY Comm. Eapfra® ffov 19, 2012 wry N Commission o 00 639607 t'`.r� 6ontlod ihroto MaiQ" Rol— Alan f `& ED Notary Public My Commission Expires Please send the complete application pa c o nning & Environmental Resources Department, Marathon Government Center, 2798 Overseas Highway, Suite 400, Marathon, FL 33050. Page 4 of 4 t.asl Re%iacd 02/2009 s • I hereby authorize gggWa t'•E LaWwI f 4A& L. wf be listed as authorized agent (Name o` f g t) ' for for the purpose of conducting all business necessary to (Name of Owner(s) ! Applicant) process and obtain approval in regard to 12bAD A134ANAIOWN rfor /dA/ (Project Name) (Application Type) for Real Estate No(s): O®S 8/ 0 64V000 from the Monroe County Planning and Environmental Resources Department. This authorization becomes effective on the date this affidavit is notarized and shall remain in effect until terminated by the undersigned. This authorization acts as a durable power of attorney only for the purposes stated The undersigned understands the liabilities involved in the granting of this agency and accepts full responsibility (thus holding Monroe County harmless) for any and all of the actions of the agent named, related to the acquisition of permits for the aforementioned applicant. Note: Authorization is needed from a wner of the subject property. Therefore, one or more authorization forms must be submitted with th lic• ' �f then multiple owners. nee ! Applicant Signature N r Printed Name of Owner(s) I App ant STATE OF r tr: The foregoing instrument was acknowledged before me this 2 day of -n .lack , 20_,L. SQ 12 S4 is Y personally knows produced identificatEoa Type of Identification), did 1 did not tale an oath. C���Ppv O Nr� CRYSTAL FAY 5EBBEH Notary = g`: Notary Pubfk - SEatr ai Florida •g My Comm. Explres Nov 19. 20t2 •, F Commission N DO 839697 ,°�, "•'` Bonded Through National Notary Assn 4R009 ' Property Search -- Monroe County Property Appraiser Alk 9 http://rmpafl.org/PropSearch.asPx Etyin A. Higgs,, A Property Appraiser Monroe rFlorida Alternate Key: 1677736 Parcel ID: 00562190-000000 Mailing Address: STR®LNG SALLY PO BOX 373180 KEY LARGO, FL 33037 office (305) 292-3420 fax (305) 292-3501 PC Code: 01 - S14GLE FAMILY Miilage Group: 500K Affordable No Housing: Section- 14-61-39 Township -Range: Property 449 BARRACUDA BLVD KEY LARGO Location: Subdivision: ANGLERS PARK Legal Description: ALL BLK 6 AND LOT 17 BLK 7 AND PT KING ST ANGLERS PARK KEY LARGO PB 1-159 RES NO 51-1969 OR434-1082 OR439-637/638 OR1468-1316 OR1466A 317 OR1721-905 OR1848-663164 OR1848-662AFF OR2436-1644/45C/T i of S/ 17/2010 3:55 PM - Property Search -- Monroe County Property Appraiser 0 http.,r mcpafi .orgJPropSearch.as px Exemptions Exemption Amount 39 - 25000 HOMESTEAD 25,000.00 44 -ADD L HOMESTEAD 25,000.00 Land Use Code Frontage Depth Land Area 2 of 6 8/ 17/2010 3:55 PM Property Search -- Monroe County Property Appraiser http:/°nicpafl.org/PropSearch.aspx 0100 - RESIDENTIAL DRY 0 0 18,752.00 SF Number of Buildings: 1 Numberof Commercial Buildings: 0 Total Living Area: 2004 Year Built: 2002 IMS • I - _. Building Type R1 Effective Age 9 Year Built 2002 Functional Obs 0 Condition A Perimeter 202 Special Arch 0 Economic Obs 0 Inclusions: R1 includes 1 3-fixture bath and 1 kitchen. Roof Type GABLEMIP Roof Cover ASPHALT SHNGL Heat 1 NONE Heat 2 NONE Heat Src 1 NONE Heat Src 2 NONE Extra Features: Quality Grade 500 Depreciation % 9 Gmd Floor Area 2.004 Foundation CONC PILINGS Bedrooms 3 2 Fix Bath 0 Vacuum 0 3 Fix Bath 1 Garbage Disposal 0 4 Fix Bath 0 Compactor 0 5 Fix Bath 0 Security 0 6 Fix Bath 0 Intercom 0 7 Fix Bath 0 Fireplaces 0 Extra Fix 0 Dishwasher 0 3 0,f6 8/17/2010 3:55 PM Property Search -- Monroe County Property Appraiser 0 0 http: mcpafl.org/PropSearch.aspx I*FT 32 FT F u OPx 20044202 9 FT28M2 AFT 32 FT t,4 FT 18 FT 69F 540-96 AFT 4 FT 3d FT FT 18 FT 4PF 8FT28"9 RF1- 38 FT Sections: Nbr Type Ext Wall # Stories Year Built Attic A/C Basement % Finished Basement % Area 1 FLA 5C.B.S. 1 2002 N Y 000 0,00 2.004 2 OPX S:C.B.S. 1 2002 N Y 0.00 0.00 288 3 GAF 5:C.B.S. 1 2002 N Y 0.00 0.00 540 4 OPF 5:C.B.S. 1 2002 N Y 0.00 000 286 Nbr Type 0 Units Length Width Year Built Roll Year Grade Life 1 PT2:BRICK PATIO 56 SF 8 7 2002 2003 2 50 Appraiser Notes RE: 55202 & 552020-000100 COMBINED FOR ASSESSING PURPOSES 9-15-89JMH Building Permits Bldg Number Date Issued Date Completed Amount Description Notes 0303905 0129/2001 051172002 1 SFR 4 of 6 S/ 17/2010 3:55 PM THIS INSTRUMENT PREPARED BY: HERSHOFF, LUPINO & YAGEL, LLP 90130 Old Highway Tavernier, Florida 33070 THIS QUIT -CLAIM DEED, executed this day of 2011, by Sally Stribling, a single woman, whose address is P.O. Box 373180, Key Largo, FL Grantor, to Thomas E. Dudley and Shawn M. Dudley, his wife, whose address is P.O. Box 2843, Key Largo, FL Grantee: Grantor, in consideration of TEN & NO/100THS DOLLARS and other good and valuable consideration paid by the Grantee(s) to the Grantor(s) do hereby remise, release, and forever quitclaim to grantee that real property located In the County of Monroe, State of Florida, and more particularly described as follows: See Exhibit "A" attached hereto and made a part hereof Subject to taxes for the current and subsequent years. Conditions, restridlons and reservations of record, zoning ordinances, easements for the public utilities, If any, and exisdrig mortgages. THIS INSTRUMENT WAS PREPARED WITHOUT BENEFIT OF A TIME EXAM OR ISSUANCE OF A TITLE INSURANCE POLICY. TOGETHER WITH all the estate and rights of grantor(s) In such property. IN WITNESS WHEREOF, grantor(s) has/have executed this deed on the date first above written. Signed, sealed and delivered in the presence of: Print Name: Sally Stribling Witness # 1 Print Name: Witness #2 STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this by Sally Stribling who Is personally known to me or has produced ^. as identification. My Commission Expires: day of 12011, Notary Public Print Name: wrtNPM 74°pR�+sPilf; P<�`j RN i iS."_"n } 6 ZZI OA. �,rw�A,r 7b h S�aP 7�Oq CPi i a, fill �P a 10 A S '•e rtr e P f- iC [9 Iwo t ,i•P�7w-zAA�+0� 15'`C IAN OI� OQ4.p',7�i �Sp.+OoA� wK `•e+(�� r[ N� 9� iJp�7A t.h w _�S" 9AN .. •+,". R�?r r! g yCp os■ o q IsN pwS �gq O�Aur. `ram. O 7 7rt "N ON A1S rr�PPA 41 � ' �'�p 3.�-qP, �CANn r. 7Ag w�Upl }Ntz O i"wq f p N R� aNP "oN Ppo33° dip~rtw �jg7 �A-Z� 1 7VIe PAP " q.a a ^ � .0 ZZI 7N 9•g O 11 �[ i s Y 'e GN -a o� [[1P40 rtAP A$S7f1 $Aa Ap pp7IL �� w � yQ '1 �° 7 AO ��P PEA � >Ci An�y7� 'r 2�t■i�! A 7- RA. 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DAVID MASSEY LAND SURV PING, INC. a5m 0"-rs,ao H' nv P.0. BP. 614. To mitu Ft 33070 of Aulhorizalion No. LB 6956 N0T vAu0 fai• � aret ow .w..r *.rEE...w pEAwn..e u+M.r duct,GNA0uT THE ANO Seelian to Tornsnip bt $aulh, Ran9a 36 aslE p wE ar ..rnct to tn.a.s!.SIGNATURE N N IM nWiea THE ORICtNAtMonroe Kq LargO Count . Fb Y aFlor;.doertificate r.Nl•.•w^k ,?t-17 l.er..tea. Stwvar farttaraewtRAt5E0 01, 471.027. F.S. SEAL OF A FLORIDA UCEAND OroflEd: t-21-tlFietdbooY No. t9 mAAPPPERR 0rowina No. l07SSA Drawn Or. 0.S.M. Scale: 1 40d039ey. P.S.M. � 5125 Law Offices ATTORN EY5 AT LAW ALL CORRESPONDENCE To.. JAY A. HERS14OFF 90130 OLD HIGHWAY JAMES S. Lam TWERNIEk FLORIDA 33070 RUSSELL A. YAoEL (305) 852-8440 JESSICA RoTHENBERG FAX (305) 852-8848 Roam C. STOBER JESSICA B. REILLY DUSTIN T. NIc►uxs October 4, 2010 Mr. Steven Biel, Sr. Planner Monroe County Planning Department Marathon Government Center 2798 Overseas Highway Suite 400 Marathon, FL 33050 RE: Stribling Road Abandonment Petition Dear Steven, 9155 S. DADELAND BLVD., SUITE 1012 MIAML FLORIDA 33156 (305)670-7546 OF COUNSEL RON SAUNDERS. STATE REPRESENTATIVE LAND USE COORDINATOR PETER D. BACHELER As a follow up to the referenced petition, we offer the following historical information from county records as additional information. Referring to exhibit "A" the enlarged portion of the plat of Anglers Park subdivision block 6 and 7 and lots 16 and 17. Note the position of King Street in relation to block 6 and lot 17. Referring to exhibit "B" a copy of county Resolution No. 51 -- 1969 you'll note that King Street was abandoned in relation to block 6 and lot 17. Exhibit "C" is a copy of 10/26/09 survey drawing number 10309 detailing the lot lines of Block 6 and Block 7 lot 17. Note the area just to the left of Block 7 lot 16 a portion of King Street. In 2002 the owner of Block 7 lot 16 requested the abandonment of King Street to the west of lot 16, The survey for this request is exhibit "D". County Resolution No. 541 2002 is the granting of the abandonment, exhibit "E". The owner of Block 7 lot 16 received his one-half of the abandoned portion of King Street. The Road Abandonment Petition for the West one-half of King Street left over from the 2002 resolution is being made by the owner of Block 6 and Block 7 lot 17, see exhibit "F". The owner of Block 7 lot 16 is not an affected property owner as they have already received one-half of the abandonment (exhibit "E") and the circumstance does not fit the criteria of County Code section 19-1 Abandonment of rights of way (b) (1). (2), (3) and (4). IE For the aforementioned reasons we request the petition be moved forward. Regards, LV a I Peter D. Bacheler Land Use Coordinator Encl: exhibits A through F cc: client i W,J'x�im maw'!.j RESOLUTION NO. 51 •1969 WHEREAS, the Board of County Commissioners of Monroe County, Florida has been petitioned to renounce and disclaim any right of the County and the public in and to the hereinafter described street, alleyway, road or highway as delineated on the hereinafter described map or plat, and WHEREAS, due notice has been published and a public hearing has been held in accordance with Chapter 336, Florida Statutes, and WHEREAS, at said public hearing no objections were made to the renouncing and disclaiming of any right of the County and the public in and to the hereinafter described street, alley -way, road or highway as de- lineated on the hereinafter described map or plat, now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that said Board hereby renounces and disclaims any right of the County and the public in and to the following de- scribed street, alley -way, road or highway as delineated on the hereinafter described map or plat, to -wit: That portion of King Street as shown on plat of Anglers' Park, On Key Largo, as recorded in Plat Book 1 at page I59 of the Public Records of Monroe County, Florida, lying North of the North Right of Way line of Barracuda Avenue and East of the East boundary line of Block 6 and Went of the West boundary line of Lot 17 of Block 7 and South of the Westerly extension of the dividing line of Lot 16 and Lot 17 of Block 7, all as shown on said plat of Anglers' park. BE IT FURTHER RESOLVED BY SAID BOARD that the Clerk of said Board be, and he is hereby ordered to publish notice of the adoption of this Resolution by said Board in accordance with the provisions of Chapter 336, Florida Statutes. Dated June loth, 1969, OCT y zo 010 SZ1S ! 'A'S`d '/soon 'S p!A m �1 :e1O*S 'n'S'0 A3 umw0 60£O1 'ON d3ddYn (INr W3MnS 03SN3311 I£I-i *ON 110"S M.d 60-9Z-01 n5 Y01i109d Y !0 'S'j 'LZp'EL1 WJ °i 1 PUD ,wm O3SFM opuoU •A1uno3 uuuo" Objul 48)4 WNDUO 3HL w1 t if ip% i "n n"x rww+ +r* m 0NY UnLYN015 w+o oMatmtls�a . 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P;'-WSED AND ADOPTED by the Board of County Commissioners of r r- Counti Florida, at a regular meeting of the Board on the Wth day of November, 2002. rA WARD OF COUNTY COMMISSIONERS .KOLHAGE, Clerk OF MONROE FLORIDA BY�I kerk MayotfChairperson r r T p El FILE •13 M 139 i BK#18-039 PGa1244 a i r, i Z Ul< FLOJUDAI COUNTY OF MoMla Thbe Copy is 4 Taw O `w Original on l*ile in C OlfleY. my hand and Mcial 9e41. •° This ��� dayof�..�.� A.D.. 2r, a; NNY L. GE lark re DC 11 ® 7�]p sS~ •q°Y ®.plq9'aPN®NP Tfly7A R++� g'q°M�1 R^' •f4j1 ®aPQ® pp} 9 �1waa1�e"�^ ypq'+1�®9 �p �O��P�=^R�w��g r�$gli���]e n® •�$7 �'�}� °�7-". 1.�Iq•�V*�SA ��4w•A6M n"CIiOR�.p 'ew A� 07 1§ 33 M ®P gAR3�®��� R �a�3 ;'` ►;� �'�`R����°fig ""�" '� "P4 �tt<nnN RI,p�fl1OA�� � NI.[ •fl � •r� 9 y jR 9 � 3A fl +1Ar nn� "0�a R w! Qq I� /S� 11q RR »a y "w ,SN f1ry"O„lbY_®�' jwc3, $nxd' \\ -L pq�q�— ,SR ap]t q .�Y►ri R9'� 1w1-9 NA7gnw •e �w qN flp +li °7_M® '[ NR \ 0`�y1N P R N1Pi 9_��'1 �V \+ A A -1 g �p 1 rg7 30, to I I � I164, 43.4 �/T. \ 1 1 Us i 1 p 1AOCEL\ p n vi STREET t04.00Plot` ♦ ` \ 4. ; �' t BLOCK 177 I LBLOCK 17 1 F I I 1 I I r I I r T es• r,.r es• R.r DAVID MASSEY LAND SURVEYING, INC. 1 9mm ov'-" --'— _-_P.O. dlq, Taremier,1- 1'Fl. 33070 Client: Stribl'mq Florido Certificate of Authorization No. LB 6956 NOT VAUD Section la Tom* 61 I bw" twft awl sw sw.n hog" -p Palo N -" ^M dk m Soulh. Rongf 3q Cost w is uw ow eenwt 1e " e,M of .q wo w p e1N WITHOVT THE SIGNATURE AND enter, TNe INeew ew IepMermnw sl ck W-IT YI tpw no THE ORIGINAL Key Low Mande County, Florida a Twhram 1. rS1 mewo W NO Swrerme RAISED SEAL Drafted: 3-03-10 f-*Wbaak No. 153 OF A FLORIDA LICENSED SURVEYOR AND MAPPER Drow;nq No. ID442 Drown 91: O:S.M. Seale: 1- . 40' Dovid S. Massey. P.S.M. 5125 E 1 ' � ' '1 1 1 ' 1% •' CASE NO. 44-2008-CA-000231-P WASHINGTON MUTUAL BANK Plaintiff vs. GREGORY D. GANIM et al Defendant sfl � z s , oME � CERTIFICATE OF TITLE ? n mn, The undersigned Cleric of the Court certifies that he or she executed and filed a ca � n! n M of Sale in this action October 8. 2009 , for the property described herein andY'y ^? a m that no objections to the sale have been filed within the time allowed for filing objections. The following property in Monroe County, Florida: SEE ATTACHED LEGAL DESCRIPTION 0"s 17635= 10/201 3:OW was sold to: SALLY STRIBLING Flied HR a COUNT.a in OftaL. KOLW a.®M ®t c/o COLDWELL BANKER -- teise� 3:MM a.: tRaka it,saa.eg _,— 100430 Ovcrscas Highway Key Largo, Florida 33 8kM 2436 Pon m44 WITNESS MY HAND AND SEAL of this Court on _ October 19, 2009___ DAY L. KOLHAGE :p a Court •a By: lerk BID AMOUNT: S 228,000.00 Sk6 24M 'so 1645 I • • r r R�=• • I 14011RI WA allol 117.1m OVA QVILC' ! I ` •' • • I *01 r. • r • • ! • • l E7 MEMORANDUM CommissionTo: Ms. Gail Creech, Planning a r ., • of • Date: November9,2010 Re: Sally Stribling Road Abandonment Petition — King Street File 1 1 1 I have reviewed the above referenced road abandonment petition and have no objections. County codes require full width abandonment except in certain circumstances and given that the other half of this right of way was previously abandoned it would make sense to abandon this portion as well. If you have any questions or need any additional information, please feel free to contact me by telephone at 305-295-4329 or by email at Clarke-'udith wmonroecount -fl. ov. Thank you. CC�Cd`%'l�� NV 1 MONROE CO. PlANPIR'G DEPT. 11 MEMORANDUM To: Ms. Gail Creech, Planning Commission Coordinator From: Judy Clarke, P.E. Director of Engineering Services Date: December 7, 2010 Re: Sally Stribling Road Abandonment Petition — King Street File #2010-103 This memo addresses an issue that was brought to my attention after I reviewed the above - referenced road abandonment petition and provided a response on behalf of the Engineering Department. I received a telephone call from Mr. Dudley who is the owner of the property at 550 Bonito Avenue, which is adjacent to the right of way proposed to be abandoned. Mr. Dudley indicated that his county permitted driveway goes over the area of the abandonment and he was told that he would have to get an easement if the right of way was abandoned; therefore he was protesting the abandonment. I had Joe Stickney, Engineering Inspector, visit the site to determine whether the driveway was within the area proposed for abandonment. Joe confirmed that an eight inch portion of the concrete driveway is within the area to be abandoned and then the driveway extends into the right of way of Blue Runner, which will remain a public right of way. Two pictures showing the area are attached. Based on this I do not feel that the location of the driveway will impact the abandonment. I am unsure whether an easement for this minor portion is necessary, however that may be a question for County Attorney. If you have any questions or need any additional information, please feel free to contact me by telephone at 305-295-4329 or by email at carke-Judith rvmonroecounty-fl. oov. Thank you. u C UNTY KEY WEST10MONROE LORIDA 33040 (--05)294-4641 OFFICE of the FIRE MARSHAL 490 6P Street Marathon, FL 33050 PHONE: (305) 289-60 10 FAX: (305) 289-6013 Townsely Schwab Monroe County Planning Director Monroe County Growth Management November 4, 2010 Re: Stribling - File #2010-103 Road Abandonment Dear Townsely, a BOARD OF COUNTY COMMISSIONERS Mayor Sylvia I Murphy, District 5 Mayor Pro Tern Heather Carruthers, District 3 Kim Wigington, District 1 George Neugerk District 2 Mark) Di Gennaro, District 4 The Monroe County Fire Marshal's Office has no objection to the abandonment petition indicated above. There is no road currently constructed, and the surrounding road provides adequate access to the structures in the area. If you are in need of further information or have any questions, please do not hesitate to call. Sincerely, Cc: James Callahan, Fire Chief r.j....EL LVA SIU STAr1ONs Freeman Substation 20950 Overseas Hwy.. Cudjoe Key, FL 33042 (305)745-3184 FAX (305) 745-3761 Marathon Substation 3103 Overseas Hwy, Marathon, FL 33050 (3051289-2430 FAX 1305) 289-2497 ✓ rLonroe CountySheriffs office Robert P. Peryam, Sheriff 5525 College *ad Key West, Florida 33M (Mg 292-7000 FAX (305) 292-70701400-273-CUPS www.keysso.net Hershoff, Lupino & Yagel, LLP Attn: Peter D. Bacheler, Land Use Coordinator 90130 old Hwy. Tavernier, FL 33070 Nov - 1 _j 870 0 over Substation REF: Anglers Park Subdivision, west '/Z King Street, Block 7, lot 16 and block lslamorada, FL 33036 7, lot 17 Northeast of block 6 Southeast of Blue Runner and South of bonito (305) 853-7021 FAX (305) 853-9372 Ave. Rath Building 50 High Point Road Dear Mr. Bacheler: Tavernier, FL 33070 (305)853-3211 FAX (305) 853-3205 This letter is in response to your Road Abandonment Request. 1 conducted an DETENTION CENTERS on -site inspection on the above location and recommend approval of the listed abandonment on Anglers Park Subdivision, west % King Street, Block 7, lot 16 Key West bet. Center and block 7, lot 17 Northeast of block 6 Southeast of Blue Runner and South 5501 College Road Key West, FL 33040 of bonito Ave. l305)293-7300 FAX (305) 293-7353 Should you have any questions or need any further assistance, please contact Marathon Det. Facility me. 3981 Ocean Terrace Marathon, FL 33050 1305) 289-2420 Sincerely, FAX 1305) 289-2424 Plantation Det. Facility 53 High Point Road Plantation Key, FI i3n70 Capt. Lou Caputo, Commander 13051853-3266 District 7 FAX 1305) 853-3270 Monroe County Sheriff's Office SPECIAL OPERATIONS P.O. Box 500975 Marathon, FL 33050 (305)289-2410 FAX (305) 289-2498 AVIATION DIVI510N 10100 Overseas Hwy. Marathon, FL 33050 (305)289-2777 FAX(305)289-2776 COMMUNICATIQ S 27% Overseas Hwy. Marathon, FL 33050 `` ( 305) 289-2351 I e t e a FAX (305) 289-2493 MEM09ANDUM MONROE COUNTY GROWTH MANAGEMENT DIVISION BUILDING DEPARTMENT We Strive to be caring; professional and fair TO: Townley Schwab, Planning Director FROM: Ronda L. Norman, Sr. Director, Code Enforcement DATE: December 6, 2010 RE: Road Abandonment Request - Sally Stribling This purpose of this memo is to advise you that an inspection of the above mentioned property or properties associated with the road abandonment was conducted and our findings are as follows: Inspector Brian Corcoran inspected the property in question and confirmed that two vehicles were currently being stored on the county right of way. The vehicles are also in violation of county code as to the capacity and/or lack of current registration. These vehicles should be removed from the County Rights of Way and the subject property. These vehicles appear to be the same ones shown in the exhibits submitted by the petitioner for the abandonment. Code Compliance would object to abandonment of any property that would further facilitate the practice of keeping, parking or storing abandoned vehicles or vehicles in violation of county codes on either private property or the County's Rights of Ways. A copy of this letter is also being provided to the County Biologist for inspection of possible understory vegetation removal. If you have any questions, please feel free to contact me. Cc: Inspector, Brian Corcoran County Biologist, Dave DaSilva David C. Ritz ®400 Chairman Florida Key UuW —lori °° ••• Rose M. Dell AqueductAuthority•' Vlae-cheirman Big Pine Key Post floe Box 1239 1100 Kennedy Drive Antoinette M. Appall Key West, Florida 33041-1239 Secretary/Treasurer Telephone (305) 289-6161 Marathon w ww,&aa.aom J. Robert Dean do do ® Key West Elene Z. Herrera Rockland Key June 18, 2010 James C. Reynolds FYminve nirpwmv Peter D. Bacheler 90130 Old Highway Tavernier, Florida 33070 RE: Abandonment of a portion of King Street, adjacent to Blk. 6, & 7 And Blue Runner Street, Anglers Park Subdivision. Dear Mr. Bacheler: The FKAA Board of Directors approved at the June 17, 2010 meeting, the above referenced project. Pursuant to your request for the abandonment of the above -reference property, Staff has researched your request and have no objection to the abandonment. The FKAA has no facilities in the above referenced property and there is no future need for facilities on that property. Should you have any questions, please do not hesitate to call this office. Sincerely, FLORIDA KEYS AQUEDUCT AUTHORITY C� Mamie Thrift Distribution Design Specialist MT/cma c: Kirk Zuelch, General Counsel Roy Coley, Director of Maintenance Dept. Monroe County Building Department O FLORIDA KEYS ELECTRIC COOPERATIVE ASSOCIATION, INC. - FKEC `• 91630 OVERSEAS HIGHWAY P O BOX 377 TAVERNIER FL 33070- 377 PHONE 13051 ®52.2431 FAX 7305,: 852-4794 April 5, 2010 Hershoff, Lupino & Yagel, LLP Attn: Peter D. Bacheler, Land Use Coordinator 90130 Old Highway Tavernier, FL 33070 Dear Mr. Bacheler, e: Anglers Park Subdivision, the west'/1 of King Street, block 7, lot 16 and block 7, lot 17 northeast of block 6 southeast of Blue Runner and south of Bonito Avenue This letter is in response to your Road Abandonment Request received in our office. Please be advised that Florida Keys Electric Cooperative Association, Inc. (FKEC) has reviewed the survey you provided and has no objection to the abandonment of the proposed portion shown on the survey. Should you have any questions please feel free to contact me. Sincerely, ie 4-� Keith Kropf, PE Director of Engineering (coMcast Comm Cable 1010 Kennedy Drive. Suite 200 Key West, FL 33040 April 30, 2010 Hershoff, Lupino & Yagel Attention: Peter D Bacheler 90130 Old Highway Tavernier, Florida 33070 RE: Proposed abandonment Anglers Park Subdivision, the west '/2 of King Street, Block 7, lot 16 and block 7 lot 17 northeast of block 6 southeast of Blue Runner and South of Bonito Avenue. Dear Mr. Peter D Bacheler, Comcast has no objection to the abandonment of the west '/2 of King Street, block 7, lot 16 and block 7 lot 17 northeast of block 6 southeast of Blue Runner and South of Bonito Avenue. If you have any questions or are in need of further information please contact me at 305-809-1255. Sincerel , Greg Daniels Lead Construction Technician Comcast Cable, Florida Keys E LARGO WASTEWATERTREATMEAT-MSUTUT OFFICEKEY POST KEY LARGOp FLORIDA I iPHONE 453-5807 FAX March 31, 2009 Mr. Peter Bachelor Hershofl Lupino dt Yagel, L.L.P. 90130 Old Highway Taverneir, FL 33070 Re: Anglers Park Subdivision, the west %a of King Street, block 7, lot 16 and block 7 lot 17 northeast of block 6 southeast of Blue Runner and south of Bonito Avenue Dear Mr. Bachelor, This letter will serve as proof of preliminary coordination of the above -referenced project with the Key Largo Wastewater Treatmnt District. 1 understand that this is a single family home located in Basin B, Phase 5 of our service area; and have no objection to a building permit being issued. Please contact our office at 305-453-5W if you have any comments or questions. Sincerely, Margaret H. lank, cc: File December 1, 2010 Mr. & Mrs. Thomas E. Dudley 550 Bonito Ave. / PO Box 372843 Key Largo, FL 33037 Shawnmariel972@,bellsouth.net Ph. 305-451-3540� Fax 305-451-4031 DEC 6 2010 PI :u M-PT RE: Abandonment of King Suvet located in Anglers Park Subdivision, the west '/z of King Savet, block 7 (north), lot 16 and a fiwtion of northeast block 6, bordering the southeast of Blue Runner. We, Thomas E. Dudley and Shawn M. Dudley, do objwt to the application filed by Sally Stribling, owner of Block 6 for the abandonment of the northwest section of King Shvet refemneed above. The east side of this mWI section of King Street abuts our property as well as Blue Runner Avenue. Conveyance of this abandonment to the owner of Block 6 will block my property from Blue Runner Avenue. Due to the locadon (my property on the east and Blue Runner on the north west) of the proposed abandoned section, we feel we are entitled to ownership over any other property owner. /11Z V Cc: Susan Grimsley Gail Creech Townsley Schwab Steven Biel Judith S. Clarke E 11 December 29, 2010 W. & Mm Thomas E. Dudley 550 Bonito Ave. / PO Box 372943 Key IArgo, FL 33037 Shawnmpliel972@bellsouth.net Ph. 305-451-3540 Fax 305-451-4031 JAI 5 fir �h'�'� f [►. p1. �.: i";ti Ca DEFT. F�TqMS r 1 - r 1 1 i 1' `: I: 1 I' .:• 1 1 •' i I : 11 Y•- ill 1 ".. We would tocomeIo:+a fi& resolution' :'1thepropertyowners involved. ' r block 1 1 1 ourselves, 1! 1 f (owners of block Lt f III ► 1',' ': t: 1 r 7 / + • r f ..! 1 the r` r is of 1 1 1'. / I{ 1 `II should appeaseboth I parties. Bviewing 1 1 1 l =Mlil !: 1=AM ! 1 1 r '1 _+ 1 �: 1 I. 1' f Y( i I 1 # 71 ► .+ We am requesting. to be notified e: y by + 1 + c County Cc: Susan Grimsley Gail Creech To ley Schwab Steven Biel Judith S. 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Phan.: t3Ds)e53-0046 Fox: 3os)653—D233 88888 Ovsneoe Highway / P.O, Box 8i9, Tlmmier, fl. 3307D Crent Duapy Florido IrerllflCOte of AuthaNzotion No. LB 6956 14-nehiy 6 t South. -t9-OI 39 East r Mt°� °°`INS u0I u° °t^4Y �wr+o" roe lwrlarmoa uNer ouperviWon eno 19 Inx oM esrrotl to the 0.01 of Yro.l d4 bMi4f. h"o o— moato v. lotwo ^+nl° of Cn. 6 C 1 el t oW nori90 Monroe Caunly Florido Adr osmlin Coax. uimm Tech k4l 310na41oe fo• fbriao Swy, °n and ua- puma l to Ch *T7.02? r..y % fstdbooic No. L-55 / //. Drawing No. 4552 Drown By 05.M Scale: l' - 30' E]ovia 5 M089Cy, P S.M.# 5125 NOT VAUO WiTIOUI THE SICWATURE AND TnE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURvEVOR AND MAPPER BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 18, 2011 Division: Growth Management Bulk Item: Yes x No , Department: Staff Contact Person/Phone #: Christine Hurle Ext. # 2517 AGENDA ITEM WORDING. Approval of Fifth Amendment to the Agreement with Greenberg Traurig P.A. expanding the consulting services to include provision of continuing education for county staff related to Development Orders and Consistency Challenges, increasing the amount payable by $3,500.00 to an amount not to exceed $89,500.00 and extending the expiration date from June 19, 2011 until September 19, 2011. ITEM BACKGROUND: This amendment will expand the services under the existing agreement to include the provision of a continuing education seminar by attorney Christopher Torres related to Development Orders and Consistency Challenges for county staff. PREVIOUS RELEVANT BOCC ACTION: July 16, 2006 — BOCC approved agreement with Greenberg Traurig — affordable housing and hurricane evacuation July 19, 2007 — BOCC approved Amendment No. 1 to the agreement — extend term June 18, 2008 — BOCC approved Amendment No. 2 to the agreement changing scope of work and making total compensation $36,000.00 September 16, 2009 — BOCC approved Amendment No. 3 to the agreement extend and increase compensation by $25,000 May 19, 2010 — BOCC approved Amendment No. 4 to the agreement to increase compensation by $25,000 CONTRACT/AGREEMENT CHANGES: Increase contract amount by $3,500.00 and extend expiration date by three months. STAFF RECOMMENDATIONS: Approval TOTAL COST: 86,000 Incl. $3 500K being requested INDIRECT COST: n/aBUDGETED:Yes x No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY. $3,500.00 SOURCE OF FUNDS. 148-50001-530318 REVENUE PRODUCING: Yes No x AMOUNT PER MONTH Year APPROVED BY: County Atty x OMB/Purchasing x Risk Management x_ DOCUMENTATION: Included x Not Required DISPOSITION: AGENDA ITEM # Revised 7/09 FIFTH AMENDMENT TO AGREEMENT FOR SERVICES for GREENBERG TRAURIG, P.A. This Fifth Amendment (Amendment) to the Agreement dated July 19, 2006 (Agreement) is made and entered into this _ day of , 2011 between Greenberg Traurig, P.A. (Firm), 101 East College Avenue, Tallahassee, Florida 32302 and Monroe County, a political subdivision of the State of Florida (County), 1100 Simonton Street, Key West, Florida 33040. The contract services provided under this Amendment shall be primarily provided by Christopher Torres, (Attorney) an attorney employed by Firm. WITNESSETH: WHEREAS, County and Firm desire to amend the services as described in the Agreement dated the 18t' day of July, 2006; and WHEREAS, the Fourth Amendment to Agreement established an expiration date of June 19, 2011, and increased the total expenditure for fees and expenses to $86,000; and WHEREAS, the parties desire to extend the Agreement for an additional three months which may necessitate additional payment; NOW, THEREFORE, the parties agree as follows: Paragraph 2 shall be amended as follows by adding the following language: Firm shall assist the County with continuing education for County staff primarily utilizing Attorney for a seminar(s) to be mutually scheduled by the Growth Management Division Director and Firm. Subjects covered shall include but not be limited to challenges to development orders and other statutory challenges to County growth management actions. 2. Paragraph 4 shall be amended as follows: 4. PAYMENTS TO FIRM D.1. Fees and expenses for Attorney shall not exceed an additional Three Thousand Five Hundred dollars ($3,500.00) for a total expenditure of $89,500.00 under the Agreement regardless of the date of service under previous amendments. Notwithstanding other provisions in Paragraph 4 of the Agreement, this additional amount is inclusive of all expenses and there shall be no reimbursement for travel or other expense. In the event this sum is not sufficient due to the services to be provided, the contract may be amended. It is anticipated that the parties will further define the specific activities listed in the scope of work by task order in letter or e-mail May 3, 2011 format. Services provided by Mr. Bouthillier shall be limited to general supervision of contract implementation pursuant to paragraph 14 and shall not exceed $500.00 per task order. 3. Paragraph 5 shall be amended as follows: 5. TERM OF AGREEMENT This Amendment is effective until September 19, 2011, unless terminated earlier under paragraph 18 of the Agreement or upon payment of the total compensation, whichever occurs first. 4. The remaining terms of the Agreement entered into on July 18, 2006, and First Amendment to Agreement dated July 18, 2007, and Second Amendment to Agreement dated June 18, 2008, and Third Amendment to Agreement dated September 16, 2009, and Fourth Amendment dated May 19, 2010, not inconsistent herewith, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Fifth Amendment. ATTEST BOARD OF COUNTY COMMISSIONERS DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA Deputy Clerk Mayor Heather Carruthers Title: Date: TRAURIG, P.A. Reginald L. Bouthillier, Jr. I ONROE COUNTY ATTOR V PPRqWD AS TO FORM: r SU N M. GRIMSLEY ASSIS T COUNTY ATTORNEY Da:e - - May 3, 2011 ;�il;J.7g%3 i 6 MONROE COUNTY AT C 03:31. 32 p rtt 07-17-2006 711 3 AGREEMENT FOR SERVICES For GREENBERG TRAURIG, P.A. THIS AGREEMENT made and entered into this day of July, 2006, by and. between MONROE COUNTY, a political subdivision of the State of Florida ("COUNTY"), whose address is 1100 Simonton Street, Key West, Florida 33040 and Greenberg Traurig, P.A., whose address is 101 East College Avenue, Tallahassee, Florida 32302, its successors and assigns, hereinafter referred to as "FIRM". The contract services shall be performed by Kenneth Metcalf, AICP, Director of Planning Services for FIRM, except for legal services described herein. WITNESSETH: WHEREAS, COUNTY desires to employ the professional services of FIRM to assist COUNTY; and WHEREAS, FIRM has agreed to provide professional services as defined in the Scope of Work below. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and FIRM agree as follows 1. THE AGREEMENT The Agreement consists of this document only. Any other Agreements between the parties separate are independent agreements and shall be read, interpreted and enforced as separated independent agreements. 2. SCOPE OF THE WORK The FIRM shall assist COUNTY by providing professional services, to review the Hurricane Evacuation Model in order to identify and implement potential refinements that would increase the current and future permitting capacity for affordable housing; to negotiate with the Department of Community Affairs on this issue; and support the planning efforts of the Affordable Housing Task Force to encourage development of affordable housing in the Florida Keys This Agreement is limited to planning services, except for the limited legal services described herein. 3052923516 MONROE COUNTY ATT 03 37 59 p m 07- 1 7-2006 3 f1 3 3. REPRESENTATIONS AND WARRANTIES FIRM warrants that he is authorized by law to engage in the performance of the activities herein described, subject to the terms and conditions set forth in this Agreement. A. FIRM shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. B. FIRM shall maintain all necessary licenses, permits or other authorizations necessary to act as FIRM for the Project until the FIRM'S duties hereunder have been fully satisfied; C. FIRM assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. D. FIRM shall provide services using the following standards, as a minimum requirement, FIRM shall maintain adequate staffing levels to provide the services required under the Agreement, FIRM personnel shall not be employees of or have any contractual relationship with the COUNTY, and all personnel engaged in performing services under this Agreement shall be fully qualified, and, if required, to be authorized or permitted under State and local law to perform such services. E. FIRM'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the work. F. FIRM is an independent contractor under this Agreement. In providing the services, FIRM and its agents shall not be acting and shall not be deemed as acting as officers, employees, or agents of the COUNTY, nor shall they accrue any of the rights or benefits of a COUNTY employee. 4. PAYMENTS TO FIRM A. COUNTY'S performance and obligation to pay under this agreement, is contingent upon annual appropriation by the Board of COUNTY Commissioners. B. COUNTY shall pay in accordance with the Florida ,Prompt Payment Act; payment will be made periodically, but no more frequently than monthly, in arrears as hereinafter set forth. C. FIRM shall submit detailed, itemized invoices to the COUNTY with supporting documentation acceptable to the Clerk based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. D. The pricing for the different types of work shall be as follows: 1) the total contract amount of this Agreement including all fees and expenses is TWENTY THOUSAND DOLLARS AND NO/ ($20,000.00); however, both parties agree that this contract amount may not be sufficient to complete the scope of work, depending on, the number of requested meetings, extent of negotiations required and other activities 2 3052923516 MONROECOUNTY RTT 03 38'35 P in 07-17-7006 4113 deemed by the parties as necessary or appropriate to support the efforts of the task force to promote affordable housing. It is anticipated that the parties will further define the specific activities listed in the scope of work in order to further refine future contract amounts if the contact amount allocated in this agreement is reached. Services provided by Mr. Bouthillier shall be limited to general supervision of contract implementation pursuant to Paragraph 14 and shall not exceed $500.00 2) FIRM will be paid for his or her services based on the number of hours expended on behalf of COUNTY (rounded to the nearest tenth hour for each time entry), not to include time billable to or compensated by other clients, multiplied by the MWS hourly rate as set forth below: Kenneth B. Metcalf $220.00 per hover SO•av Reginald L. Bouthillier, Jr., Esq. $368-88 per hour 3) The following minimum billing documentation and time- keeper requirements are a condition precedent to payment by the COUNTY. At a minimum the invoices shall state the name of the timekeeper, a description of the task performed, the amount of time expended by each time -keeper daily (and, within each day, broken down by task where more than one project or task was worked upon within the same day). In a summary at the beginning or end of the bill, provide the hourly rate for each time -keeper, the total time billed by each time -keeper in that bill, the product of the total time and hourly rate for each time -keeper, the total fees charged, and a reconciliation between the amount charged and any applicable estimated or budgeted amount., by task. In addition, each monthly statement should show the aggregate billing for that matter from the commencement of the matter through the currently -billed month. FIRM shall describe within each itemized daily task entry, in sufficient detail to readily allow the COUNTY to determine the necessity for and reasonableness of the time expended, the services performed, the project or task each service relates to, the subject and purpose of each service, and the names of others who were present or communicated with in the course of performing the service. FIRM will bill COUNTY only for time reasonably and necessarily incurred to render professional services on COUNTY'S behalf in accordance with this Agreement. Time attributable to billing questions is not billable, Time expended by time -keepers who have not been approved by COUNTY as indicated above is also not billable. FIRM will charge no more than the hourly rate quoted above throughout the duration of the Agreement, unless otherwise agreed upon and approved by the Board of COUNTY Commissioners. The rates FIRM will charge COUNTY represent the lowest rates charged by the same time- keepers to other clients. In the event that lower rates or discounts are 3 3052923546 MONROE COUNTY ATT 03 39 tap rrr 07-17-2006 5113 provided to other clients, FIRM and approved time -keepers will also provide them on the same basis to COUNTY. To the extent the FIRM makes use of existing work product, e.g., in the form of research previously performed for another client, then FIRM may bill only that time expended in using that work product for COUNTY. In other words, no premium, markup, or other adjustment may be made to bill COUNTY for time spent on work already performed. 4) FIRM will charge expenses such as travel, per diem, meals, mileage, hotel, or airfare shall be paid according to Fl. Statute 112.321 and according to Chapter 2 Administration, Article XXVI of the Monroe COUNTY Ordinances, however, time spent in transit, locally or otherwise, may be billed only if FIRM or time -keeper is unable to avoid traveling by using other forams of communication. Travel by more than one time -keeper at the same time to the same destination is not allowed without prior approval from COUNTY. Approved travel time will be billed at the hourly rate listed for the time -keeper. Actual cost for necessary long distance telephone calls, telecopying at $.25 per outgoing page, overnight or expedited delivery, couriers, photocopying at $.15 per page, postage, court fees, and other expenses approved in advance by COUNTY or as listed below: FIRM is expected to avoid using expedited or emergency services, such as express delivery services, couriers, telecopying, overtime, and so on, unless necessary because of unexpected developments or extremely short deadlines. COUNTY may refuse to pay for any such expenses when incurred routinely or because of FIRMS failure to manage the matter efficiently. FIRM is expected to use computerized research services cost- effectively to reduce time spent on research, for example, while closely - monitoring computerized research to insure that the charges are reasonable and necessary. FIRM is expected to pass through to COUNTY any discounts or other arrangements that reduce the cost of computerized services. 5. TERM OF AGREEMENT This Agreement commences on the date of the execution by all parties, and ends on the 19th day of July, 2007, unless terminated earlier under paragraph 18 of this Agreement or upon payment of the total compensation whichever comes first. 6. FIRMS ACCEPTANCE OF CONDITIONS FIRM has, and shall maintain throughout the term of this Agreement, appropriate licenses; proof of such licenses and approvals shall be submitted to the COUNTY upon request. 7. PUBLIC ACCESS COUNTY and FIRM shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its 4 305?923!i1 6 MONROE COUNTY ATT 03 39 49 p ni 07-17-2006 6113 possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by COUNTY and FIRM in conjunction with this Agreement; and COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by FIRM. 8. LIMITED INDEMNITY FIRM agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any claims, losses, damages, and expenses that County has that are caused by FIRMS negligence. 9. INSURANCE Prior to execution of this agreement, FIRM shall furnish the COUNTY Certificates of Insurance indicating the minimum coverage limitations in the following amounts: WORKERS COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE: Where applicable, coverage to apply for all employees at a minimum statutory limits a6 required by Florida Law. COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE: Hired and non -owed auto liability insurance, including applicable no-fault coverage, with limits of liability of not less than $300,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage shall include all owned vehicles, all non - owned vehicles, and all hired vehicles. COMMERCIAL GENERAL LIABILITY: Commercial general liability coverage with limits of liability of not less than $300,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. PROFESSIONAL LIABILTIY: Professional liability insurance for negligence in an amount not less that $500,000, 00. CERTIFICATES OF INSURANCE: Original Certificates of Insurance shall be provided to the COUNTY at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the COUNTY before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the COUNTY Administrator, the insurance coverage shall be primary insurance with respect to the COUNTY, its officials, employees, agents and volunteers. 0 3052923516 MONROE COUNTY AT 03.40:20 p �n_ 07 1 7-2006 7113 10. NON -WAIVER OF IMMUNITY Nothing in this Agreement is intended to act as a waiver of the provisions of Sec. 286.28, Florida Statutes, and COUNTY specifically does not agree to a waiver in any form, including but not limited to the participation of COUNTY and FIRM in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage which shall not be deemed a waiver of im-munity to the extent of liability coverage, nor shall any Agreement entered into by COUNTY be required to contain any provision for waiver. 11. INDEPENDENT CONTRACTOR At all tinges and for all purposes under this agreement FIRM is an independent contractor and not an employee of the Board of COUNTY Commissioners of Monroe COUNTY. No statement contained in this agreement shall be construed so as to find FIRM or any of his employees, subcontractors, servants, or agents to be employees of the Board of COUNTY Commissioners of Monroe COUNTY. 12. NONDISCRIMINATION COUNTY and FIRM agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. COUNTY and FIRM agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88- 352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amender( (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92- 255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with n. 3052923616 MONROEC€UNTYATT 034058pm 0717-2006 13113 Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to COUNTY and FIRM to, or the subject matter of, this Agreement 13. _ ASSIGNMENT/ SUBCONTRACT FIRM shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County, which approval shall be subject to such conditions and provisions as the Board may, deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the Board. 14. COMPLIANCEWITH 1 AW AND LICENSE REQUIR.EMMENTS In providing all services/goods pursuant to this agreement, FIRM shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this Agreement immediately upon delivery of written notice of termination to FIRM. FIRM shall possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. 15. DISCLOSURE AND CONFLICT OF INTEREST GREENBERG TRAURIG, P.A. is large, national law firm with clients throughout Florida involving a wide variety of matters. As such, we may represent existing or future clients with matters adverse to the County. Therefore, we have included the following conflict waiver to address any conflicts that arise out of existing or future representations. It is understood that GREENBERG TRAURIG, P.A. may represent other present or future clients in matters adverse to Monroe County in legal or other proceedings, other than the matter that is the subject of this letter or a matter substantively related thereto. Except as described above, we will at all tunes adhere to all applicable guidelines and provisions of the Code of Professional Responsibility. The FIRM shall immediately notify the County in writing if it discovers any potential ethical impediment in executing the services described herein. The FIRM reserves the right to terminate this contract in that event to resolve the impediment and shall not be precluded from representing current or fixture clients that may be related to the identified impediment. 7 ;i052913b36 MONROL COUNTY ATT 03 41'40 P.m07. 17-2006 Upon execution of this Agreement, and thereafter as changes may require, FIRM shall notify the COUNTY of any financial interest it may have in any programs in Monroe COUNTY which may be substantively related to the Scope of Work. COUNTY and FIRM warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, FIRM agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 16. NO PLEDGE OF CREDIT FIRM shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. FIRM further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 17. NOTICE REQUIREMENT Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY: Ty Symro ski Marathon Government Center Monroe County Growth Management Department 2798 Overseas Highway Marathon, FL 33050 COUNTY ATTORNEY PO Box 1026 Key West, FL 33040 FOR FIRM: Reginald L. Bouthillier, Jr., Esq. Kenneth B. Metcalf, AICP Greenberg Traurig, P.A. 101 East College Avenue Tallahassee, Florida 32302 0 3052923�16 MONROE COUNTY ATT 03 42 12p 07-17-2006 10113 18. TAXES The COUNTY is exempt from payment of Florida State Sales and Use taxes. FIRM shall not be exempted by virtue of the COUNTY'S exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this Agreement, nor is FIRM authorized to use the COUNTY'S Tax Exemption Number in securing such materials. FIRM shall be responsible for any and ail. taxes, or payments of withholding, related to services rendered under this agreement. 19. TERMINATION The COUNTY may terminate this Agreement with or without cause. The COUNTY may terminate this Agreement for cause with seven (7) days notice to FIRM. Cause shall constitute a breach of the obligations of FIRM to perform the obligations enumerated under this Agreement. Either of COUNTY and FIRM hereto may terminate this Agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. FIRM agrees, if at any time in the future Mr. Metcalf is no longer with the FIRM this Agreement is immediately terminated and the FIRM shall immediately notify the COUNTY. 20. GOVERNING LAW, VENUE, INTERPRETATION, COSTS_, AND FEE This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and FIRM agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. 21. MEDIATION The COUNTY and FIRM agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of there the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 22. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid 0 30529235.16 MONROE CULINTY ATT 03:42 47 p.m 07-17-2006 11 113 and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and FIRM agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 23. FIRM'S FEES AND COSTS COUNTY and FIRM agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable FIRM'S fees and FIRM'S fees, in appellate proceedings. Each party agrees to pay its own court costs, investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all levels of the court system. 24. ADJUDICATION OF DI PUTES OR DISAGREEMENTS COUNTY and FIRM agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of COUNTY and FIRM. If no resolution can be agreed upon within THIRTY (30) days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of COUNTY Commissioners. If the issue or issues are still not resolved to the satisfaction of COUNTY and FIRM, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida lave. 25. COOPERATION In the event any administrative or legal proceeding is instituted against COUNTY or FIRM relating to the formation, execution, performance, or breach of this Agreement, COUNTY and FIRM agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and FIRM specifically agree that Arbitration shall not be entered into under this Agreement. 26. BINDING EFFECT The teams, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of COUNTY and FIRM and their respective legal representatives, successors, and assigns. 27. AUTHORITY 10 3052923516 MONROE COUNTY ATT 03-43:20 p.m. 07-1 7-2006 12 /1 3 COUNTY and FIRM represent and warrant to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 28. CLAIMS FOR FEDERAL OR STATE AID COUNTY and FIRM agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 29. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and COUNTY and FIRM agree that neither COUNTY nor FIRM or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual, or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 11 3062723z16 MONROE COUNTY ATT 03:43.54 p.m 07 1 7-2006 13113 33. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe COUNTY in his or her individual capacity, and no member, officer, agent or employee of Monroe COUNTY shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 34. UTI N IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of COUNTY and FIRM hereto may execute this Agreement by signing any such counterpart. 35. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. IN WITNESS WHEREOF, COUNTY and FIRM hereto have executed this Agreernefit on the day and date first written above in four (4) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original Agreement. Aht Witnesses: L. KOLHAGE, CLERK JUL 1 9 2006 9. dam' Signature DATE: BOARD OF COUNTY COMI%HSSIO6n OF 12 MONROE C , FLOIDA By: Deputy Mayor Cle +�r" McCoy DATE: JlR R6ed Br, JA gally authorized to sign Agreements of Greenberg on beh�f v a 'g, P.A, � DATE:- C) C3 rt] -k MW =c D a0 FIRST AMENDMENT TO AGREEMENT FOR SERVICES GREENBERG TRAURIG P.A. Dated July 18, 2006 THIS FIRSN ANENDMENT (herein after "Amendment") is made and entered into this / 1 day of_ a ; 2007, to the Agreement ("Agreement") dated July 18, 2006 between Greenberg ra g P,A. whose address is 101 East CoIIege Avenue, Tallahassee, Florida 32302, and Monroe County, a political subdivision of the State of Florida ("COUNTY"), whose address is 1100 Simonton Street, Key West, Florida 33040. WHEREAS, the Agreement dated July 18, 2006 is set to expire on July 19, 2007; and WHEREAS, County and Greenberg Traurig desires to continue the Agreement for another one year term. NOW THEREFORE the parties hereby agree as follows: 1. Paragraph S of the Agreement shall be amended to read in its entirety as follows: "S. TERM OF AGREEMENT This Agreement commences on the date of execution by all the parties, and ends on the 19"' day of July 2008, unless terminated earlier under paragraph 18 of this Agreement or upon payment of the total compensation whichever comes first." .ining terms of the Agreement entered into on July 18, 2006, not shall remain in full force and effect. WrMTr. S WHEREOF, the parties have caused these presents to be executed in their fesnective..i4I4s. Attes ?I:f LHAGE, CLERK BOARD OF COUNTY r COMMISSIONERS OF MONROE COUNTY, FLORIDA r-z Deputy Clerk 3 a Dater B :y ajo unaro-l"�{ at 07 Witnesses: R ald B Jr. Signature Pe n egally a t to sign 0 r:) behalf of Greenberg Traurig, P.A.' r%a Print Name Re c I,IVA-i-hl L. , 0 Sri `r.il�✓ T� DATE:_ Print Name Date: 7 ��� -7 MONROE COUNTY ATTORNEY 4 4ATILEENE ED AS TO F W- CASSEL ASSISTANT COUNTY ATTORNEY TAL 4514179800 71212007 Bate r~ rri s�� SECOND AMENDMENT TO AGREEMENT FOR SERVICES for GREENBERG TRAURIG, P.A. This Second Amendment (Amendment) is made and entered into this lath day of Jim -_, 2008 to the Agreement dated July 19, 2006 (Agreement), between Greenberg Traurig, P.A.(Firm) , 101 East College Avenue, Tallahassee, Florida 32302 and Monroe County, a political subdivision of the State of Florida (County), 1100Simonton Street, Key West, Florida 33040, WITNESSETH: WHEREAS, County and Firm desire a more expanded scope of services to be allowed under the terms of the Agreement; and WHEREAS, pursuant to the terms of the First Amendment to the Agreement dated July 18, 2007, the Agreement will expire on July 19th, 2008; and WHEREAS, the parties desire to extend the Agreement for an additional year which may necessitate additional payment; NOW, THEREFORE, the parties agree as follows: 1. Paragraph 2. Scope of the Work shall read as follows: 2. SCOPE OF THE WORK The Firm shall assist County by providing professional services to review the Hurricane Evacuation Model in order to identify data, demographic, and other Potential refinements that would increase the current and future permitting capacity for affordable and other housing, to support the planning efforts for transient and market rate housing and the resulting need for employee and affordable housing, to negotiate with the Department of Community Affairs on these issues, and to assist County with its presentations concerning these issues. This Agreement is limited to planning services, except for the limited legal services described herein. The scope of services is retroactive to May 1, 2008. 2. Paragraph 4. Payments to Firm shall read as follows: 4. PAYMENTS TO FIRM D. The pricing for the different types of work shall be as follows: Fees and expenses are limited to Thirty-six Thousand Dollars ($36,000.00) from May 1, 2008 to July 19, 2009_ Both parties agree that this contract amount may not be sufficient to complete the scope of work, depending on the number of requested meetings, extent of negotiations required and other activities deemed necessary by the parties. In that event, such services may be provided by amending the contract. It is anticipated that the parties will further define the specific activities listed in the scope of work by task order in letter or e-mail format. Services provided by Mr. Bouthillier shall be limited to general supervision of contract implementation pursuant to Paragraph 14 and shall not exceed $500.00 per task order. 3. Paragraph 5. Term of Agreement shall read as follows: 5. TERM OF AGREEMENT This Agreement commences on the date of the execution by all parties, and ends on the 19t" of July 2009, unless terminated earlier under paragraph 18 of this Agreement or upon payment of the total compensation whichever comes first. 4. The remaining terms of the Agreement entered into on July 18, 2006, not inconsistent h,with, shall remain in full force and effect. ss"wvhereof, the parties have executed this Second Amendment. ATT D BOARD OF COUNTY COMMISSIONERS ANi���.. KOLHAGE, CLERK OF M NROE CO N , FLORfDA Deputy Cie r Mayor iGennaro RIN Id L. Bd6tl _er', Jr. Date: —ALI4 _ a , P.A. T O CI � C = i m THIRD AMENDMENT TO AGREEMENT FOR SERVICES for GREENBERG TRAURIG, P.A. Thi ird mendment (Amendment) is made and entered into this /�gray of 2009 to the Agreement dated July 19, 2006 (Agreement) between Greenberg Traurig, P.A. (Firm) , 101 East College Avenue, Tallahassee, Florida 32302 and Monroe County, a political subdivision of the State of Florida (County), 1100 Simonton Street, Key (Nest, Florida 33040_ WITNESSETH: WHEREAS, County and Firm desire to continue the services as described in the Second Amendment to Agreement dated the 18th day of June, 2008; and WHEREAS, the Agreement has an expiration date of July 19, 2009; and WHEREAS, the parties desire to extend the Agreement for an additional year which may necessitate additional payment; NOW, THEREFORE, the parties agree as follows: 1. Paragraph 4 shall be amended as follows: 4. PAYMENTS TO FIRM D. Fees and expenses shall not exceed an additional Twenty-five Thousand Dollars ($25,000.00) for a total expenditure of $61,000.00 under the Agreement regardless of the date of service under previous amendments. in the event this sum is not sufficient due to the services to be provided, the contract may be amended. It is anticipated that the parties will further define the specific activities listed in the scope of work by task order in letter or e-mail format. Services provided by Mr. Bouthillier shall be limited to general supervision of contract implementation pursuant to paragraph 14 and shall not exceed $500.00 per task order. 2. Paragraph 5. shall be amended as follows: 5. TERM OF AGREEMENT This Amendment is effective retroactive to July 20, 2009, for a period ending June 19, 2010, to prevent any lapse in services or payment, unless terminated earlier under paragraph 18 of the Agreement or upon payment of the total compensation, whichever occurs first. 3. The remaining terms of the Agreement entered into on July 18, 2006 and First Amendment to Agreement dated July 18, 2007 and Second Amendment to Agreement dated June 11 08 , not inconsistent herewith, shall remain in full force and effect. IN WI , the parties have executed this Third Amendment. A DG BOARD OF COUNTY COMMISSIONERS N ro;CLERK OF M NROE COUNTY, FLORIDA Deputy C erk Mayor Georq . N cent G Reginalg L. Bouthillier, r./%/}� r V Title: Date: a © '" -n :err-z rn 1 � O 4 r}- ��Y � yr' ♦ J CD co V M JVROE COUp�,� RO'T.0 4s ro 414E►' FOURTH AMENDMENT TO AGREEMENT FOR SERVICES for GREENBERG TRAURIG, PA. This Fourth Amendment (Amendment) is made and entered into this 11#L day of 2010 to the Agreement dated July 19, 2006 (Agreement) between Greenberg TrauAg, P.A. (Firm), 101 East College Avenue, Tallahassee, Florida 32302 and Monroe County, a political subdivision of the State of Florida (County), 1100 Simonton Street, Key West, Florida 33040. WITNESSETH, WHEREAS, County and Firm desire to continue the services as described in the Second Amendment to Agreement dated the 18'h day of June, 2008; and WHEREAS, the Third Amendment to Agreement established an expiration date of June 19, 2010, and increased the total expenditure for fees and expenses to $61,000; and WHEREAS, the parties desire to extend the Agreement for an additional year which may necessitate additional payment; NOW, THEREFORE, the parties agree as follows: 1. Paragraph 4 shall be amended as follows: 4. PAYMENTS TO.FfRM D. Fees and expenses shall not exceed an additional Twenty-five Thousand Dollars ($25,000.00) for a total expenditure of $86,000.00 under the Agreement regardless of the date of service under previous amendments. In the event this sum is not sufficient due to the services to be provided, the contract may be amended. It is anticipated that the parties will further define the specific activities listed in the scope of work by task order in letter or e-mail format. Services provided by Mr. Bouthillier shall be limited to general supervision of contract implementation pursuant to paragraph 14 and shall not exceed $500.00 per task order. 2. Paragraph 5 shall be amended as follows: 5. TERM OF AQREEMENT This Amendment is effective until June 19, 2011, unless terminated earlier under paragraph 18 of the Agreement or upon payment of the total compensation, whichever occurs first. 3. The remaining terms of the Agreement entered into on July 18, 2006, and First Amendment to Agreement dated July 18, 2007, and Second Amendment to Agreement dated June 18, 2008, and Third Amendment to Agreement dated September 16, 2009, not inconsistent herewith, shall remain in full force and effect. WHEREOF, the parties have executed this Fourth Amendment. BOARD OF COUNTY COMMISSIONERS CLERK Deputy Cleric S%I ql ZoJ:-" O O a CV Imo) CD Q') U CT CV V Q V _ SS WHEREOF, the parties have executed this Fourth Amendment. KO ' Deputy o v U- LJ v ct: b N rL- -- C� r. cm N r- TAL 451,547,8660 5-3-10 CLERK 2, BOARD OF COUNTY COMMISSIONERS Title: Date: