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03/15/2017 AgreementUTILITY AGREEMENT n-th mach THIS UTILITY AGREEMENT (Agreement), dated as of the 2, th day of 0- 2017, by and between KW Resort Utilities Corp., a Florida corporation, having its office at 6630 Front Street, Key West, Florida 33040, (Service Company), and Monroe County, a political subdivision of the State of Florida, having its office(s)/mailing address at 500 Whitehead Street, Key West, Florida 33040, (Developer). RECITALS A. Developer is the owner of certain real property more particularly described on Exhibit A, attached hereto and made a part hereof (the Property). B. Service Company owns, operates, manages and controls a Central Sewage System and is willing to provide sanitary sewer services pursuant to this Agreement. C. Developer requests that Service Company provide central wastewater service to the Property as indicated on the plans prepared by Perez Engineering and Development, (Copy of plan sheet C-5 Signed and Sealed February 23, 2017 by Allen E. Perez P.E. included as an exhibit). NOW, THEREFORE, in consideration of Ten Dollars ($10.00), and the mutual covenants and agreements hereinafter set forth, and intending to be legally bound thereby, it is agreed as follows: 1. Definitions Business Day shall mean any day of the year in which commercial banks are not required or authorized to close in New York, New York. Capacity Reservation Fee as such term is defined in Section 5 hereof. Central Sewage System shall mean the central collection, transmission, treatment and disposal system and appurtenant facilities owned and operated by the Service Company. Connection as such term is defined in Section 5 hereof. Equivalent Residential Connections (ERC), shall be defined as one individual residential connection or, for commercial and other uses, the estimated flow based on the use and Chapter 64E-6, F.A.C., divided by the most recently approved Capacity Analysis rate per residential connection (currently 250 gallons per day per residential connection) also known as E.D.U. Plans and Specifications as such term is defined in Section 2 hereof. Point of Delivery shall mean the point where the pipes connect at the property line between the public right of way and private property. The Service Company shall own the clean out to the valve pit and the remaining vacuum lines down stream. The customer shall own the pipes connecting thereto. Property as such term is defined in the Recitals hereof. Property Installations or System shall mean any service lines located on individual lots or parcels of the Property or to buildings located on the Property that connect to the Central -Sewage System, and may include facilities located outside the Property, required to be installed by Developer, to connect facilities on the Property to the Central Sewage System. Service Company's Affiliates shall mean any disclosed or undisclosed officer, director, employee, trustee, shareholder, partner, principal, parent, subsidiary or other affiliate of Service Company. Tariff shall mean Service Company's existing and future schedules of rates and charges for sewer service. 2. New System Construction (a) Prior to the construction and installation of the System, Developer shall, at its sole cost and expense, cause to be prepared and provide to Service Company plans and specifications of the system (Plans and Specifications), prepared by a Florida registered professional engineer, and in accordance with all policies and practices of Service Company and all applicable laws and regulations and standards adopted by the Department of Environmental Protection and Monroe County. (b) Service Company shall approve or disapprove of the Plans and Specifications within thirty (30) days of receipt thereof by written notice to Developer. (c) Upon Developer's receipt of Service Company's written notice of disapproval of the Plans and Specifications, Developer shall promptly revise the Plans and Specifications in accordance with any requirements set forth by Service Company in its written notice of disapproval, and re -submit such revised Plan and Specifications to Service Company for approval or disapproval. Service Company shall approve or disapprove of any revised Plans and Specifications within five (5) business days of receipt thereof by written notice to Developer. (d) Upon Developer's receipt of Service Company's written notice of approval of the Plans and Specifications, Developer may proceed with the construction and installation of the System. Developer shall notify Service Company seventy-two (72) hours prior to beginning construction. Construction and Installation shall be completed within six (6) months of Service Company's written notice of approval of the Plans and Specifications. All work shall be inspected by licensed and insured contractors and engineers reasonably acceptable to Service Company. In accordance with Chapter 62-604 F.A.C., Developer shall provide, at its sole cost, a Professional Engineer registered in Florida to provide on -site observation during construction and testing and to certify that the System is constructed in compliance with the approved Plans and Specifications. All materials employed by Developer for the System shall be reasonably acceptable to Service Company. No portion or element of the System shall be covered or concealed until inspected by Service Company. Developer shall notify Service Company of Developer's readiness for inspection of the System, and Service Company shall inspect the System within two (2) business days after each such notice. Any portion of the System not inspected by Service Company within said time period, shall be deemed to have been accepted by Service Company. In the event that Service Company determines through any such inspection that any portion of the System does not fully comply with the Plans and specific conditions or applicable laws and regulations, Service Company shall notify Developer in writing of such non- compliance not more than two (2) business days after any such inspection and Developer shall immediately modify the System to insure that the System fully complies with the Plans and Specifications and applicable laws and regulations. (e) In the event Service Company discovers that any portion of element of the System has been installed, covered or concealed without the prior approval of Service Company, Developer shall, upon written demand by Service Company, immediately dismantle or excavate such portion of the System at its sole cost and expense. 3. System Records Prior to Service Company's acceptance of all or any portion of the System for service, operation and maintenance or for service only, Developer shall deliver the following records and documents to Service Company: (a) Copies of all invoices and/or contracts for the construction and installation. (b) An affidavit signed by the Developer stating that there are no parts or portions of the System which are not included in the invoices and contracts noted in subsection (a) above, that said invoices and contracts accurately and fully reflect the total cost of the System, and that the System is free and clear of all liens and encumbrances. (c) Lien waivers from all contractors, subcontractors, material people, and any other parties that provided labor, services or materials in connection with the construction of the System. (d) A reproducible Mylar and two (2) sets of blue line copies, accurately depicting all of the System as constructed and installed, and signed and sealed by the engineer and surveyor of record for the System. (e) Copies of the results of all tests conducted on the System. (f) Any other records or documents required by applicable law or required under the Tariff. (g) A certificate of completion of the System signed and sealed by the engineer of record. (h) A copy of the Department of Environmental Protection permit to construct the System and all inspection reports and approvals issued by the Engineer and the Department of Environmental Protection and any other applicable governmental authority or agency. (i) A bill of sale, in recording form, conveying all right, title and interest in and to the System, to Service Company free of any and all liens and encumbrances for that portion of the System located on the Service Company side of the Point of Delivery. 4. Property Rights This section was intentionally removed. 5. Rates, Fees, Charges (a) All Customers will pay the applicable fees, rates and charges as set forth in the Tariff. Nothing contained in this Agreement shall serve to prohibit Service Company's right to bill or collect its rates and charges from Customers, nor to require compliance with any provision of its Tariff. (b) Developer shall pay to Service Company a reservation fee (Capacity Reservation Fee), in the amount of Two Thousand Seven Hundred ($2,700.00) dollars per E.R.C. connection to be reserved by Developer to serve the residential or commercial structures to be constructed in or upon the Property (individually, a Connection, collectively, the Connections). ERC's assigned to the property must remain with the property and, as such, are non- transferrable to other property. Prior to execution of this agreement, Developer has previously supplied Service Company access and information necessary to determine number of ERC's proposed. From this information it has been determined per Exhibit C: Total 10.37 (1.77 existing) ERC's (c) Developer shall pay 1/3 ( $9,333.00 ) of the Capacity Reservation Fee and does not owe additional funds for the Capacity Reservation Fee upon execution of the Agreement, but will however be responsible for the remaining 2/3 (_$18,666.00) upon connection of the first building pursuant to the payment option of Developer's choosing as articulated in Section 6 of this Agreement. Service Company shall have the right to cancel such reservation in the event of Developer's failure to comply with the terms of this Agreement. In the event there is additional water usage over and above the amount reserved in paragraph 5(b) above, (based on an annual review) the Developer shall remit additional Capacity Reservation Fees to Service Company thirty (30) days after notice by Service Company of additional fees due. (d) Developer shall pay ($3,450.41) to Service Company, for engineering review and administrative costs related to processing construction plans and documents submitted by Developer pursuant to this Agreement. Developer shall also pay Service Company $100.00 per hour for periodic inspections to be made by Service Company or its agents within thirty (30) days of submission by Service Company to Developer of invoices confirming time spent conducting such inspection services. (e) In the event of default by Developer and the payment of fees hereunder, Service Company may cancel this Agreement by giving thirty (30) days written notice of default and retain all payments hereunder as liquidated damages. (f) Developer agrees that in the event of a change of use or any change that might affect the flows (i.e. addition of a restaurant) Service Company will be notified and the applicable Capacity Reservation Fees will be paid prior to discharge to the Central Sewage System. 6. Payment Options In the event the Property Owner is connecting to the vacuum collection system, the Property Owner shall have the following options to connect. In the event the Property Owner is connecting to the gravity collection system, the Property Owner must pay the Service Company the entire cost as provided in option (a) below: (a) The Property Owner must pay the Utility the entire cost of the Capacity Reservation Fee ( $27,999.00—) as provided for in Paragraph 5(c) above; or 7. Absolute Conveyance Developer understands, agrees and acknowledges that Developer's conveyance of any and all easements, real property or personal property (including, without limitation, the System), or payment of any funds hereunder (including, without limitation, the Capacity Reservation Fee and Connection Charges), shall, upon acceptance by Service Company, be absolute, complete and unqualified, and that neither Developer nor any party claiming by or through Developer shall have any right to such easements, real or personal property, or funds, or any benefit which Service Company may derive from such conveyance or payments in any form or manner. 8. Delivery of Service; Operation and Maintenance (a) Upon Developer's full performance of its obligations under this Agreement, Service Company shall provide service to the Point of Delivery in accordance with the terms of this Agreement, all applicable laws and regulations and shall operate and maintain the Central Sewage System to the Point of Delivery in accordance with the terms and provisions of this Agreement. Said service shall be provided on or about March 1, 2017. (b) Developer shall, at its sole cost and expense, own, operate and maintain any part of the System that has not been conveyed to Service Company pursuant to the terms and conditions of this Agreement. (c) Developer acknowledges that certain water quality standards must be met prior to influent entering the wastewater treatment plant (primarily chloride levels and excessive flows) and agrees to allow Service Company to monitor flows and water quality at Service Company's discretion at a point on the Developer's side of the Point of Delivery. If it is determined that substandard influent or excessive flows are entering the Central Sewage System via Developer's System, Developer agrees to isolate the source and to repair or replace the portion or portions of the faulty System in a manner acceptable to Service Company in accordance with this Agreement. (d) In the event any portion of the Property is developed as a condominium, the condominium association shall be required to execute a maintenance agreement with respect to any portion of the System not conveyed to Service Company. Such maintenance agreement shall provide that if the condominium association fails to adequately maintain and repair the System, Service Company shall have the right to maintain and repair such System at the sole cost and expense of the condominium association. 9. Repair of System In the event of any damage to or destruction of any portion of the Central Sewage System due to any acts or omissions by Developer, any Customer or their respective agents, representatives, employees, invitees or licensees, Service Company shall repair or replace such damaged or destroyed facilities at the sole cost and expense of responsible party. Developer shall operate, maintain and repair all other portions of the System not conveyed to Service Company at its sole cost and expense. 10. Term This Agreement shall become effective as of the date first written above, and shall continue for so long as Service Company provides sewer service to the public. 11. Default In the event of a default by either party of its duties and obligations hereunder, the non -defaulting party shall provide written notice to the defaulting party specifying the nature of the default and the defaulting party shall have five (5) days to cure any default of a monetary nature and thirty (30) days for any other default. If the default has not been cured within the applicable period (time being of the essence), the non - defaulting party shall be entitled to exercise all remedies available at law or in equity, including but not limited to, the right to damages, injunctive relief and specific performance. Service Company may, at its sole option, discontinue and suspend the delivery of service to the System in accordance with all requirements of applicable law and the Tariff if Developer fails to timely pay all fees, rates and charges pursuant to the terms of this Agreement. 12. Excuse from Performance (a) Force Majeure. If Service Company is prevented from or delayed in performing any act required to be performed by Service Company hereunder, and such prevention or delay is caused by strikes, labor disputes, inability to obtain labor, materials or equipment, storms, earthquakes, electric power failures, land subsidence, acts of God, acts of public enemy, wars, blockades, riots, acts of armed forces, delays by carriers, inability to obtain rights -of -way, acts of public authority, regulatory agencies, or courts, or any other cause, whether the same kind is enumerated herein, not within the control of Service Company (Force Majeure), the performance of such act shall be excused for a period equal to the period of prevention or delay. (b) Governmental Acts. If for any reason during the term of this Agreement, other than the fault of Developer, any federal, state or local authorities or agencies fail to issue necessary permits, grant necessary approval or require any change in the operation of the Central Sewage System or the System (Governmental Acts), then, to the extent that such Governmental Acts shall affect the ability of any party to perform any of the terms of this Agreement in whole or in part, the affected party shall be excused from the performance thereof and a new agreement shall be negotiated, if possible, by the parties hereto in conformity which such permits, approval or requirements. Notwithstanding the foregoing, neither Developer nor Service Company shall be obligated to accept any new agreement if it substantially adds to its burdens and obligations hereunder. (c) Emergency Situations. Service Company shall not be held liable for damages to Developer and Developer hereby agrees not to hold Service Company liable for damages for failure to deliver service to the Property upon the occurrence of any of the following events: 1. A lack of service due to loss of flow or process or distribution failure; provided that Service Company has utilized its best efforts to maintain the Central Sewage System in good operating condition. 2. Equipment or material failure in the Central Sewage System or the System, including storage , pumping and piping provided the Service Company has utilized its best efforts to maintain the Central Sewage System in good operating condition; and 3. Force Majeure, unforeseeable failure or breakdown of pumping, transmission or other facilities, any and all governmental requirements, acts or action of any government, public or governmental authority, commission or board, agency, agent, official or officer, the enactment of any statute, ordinance, resolution, regulation, rule or ruling, order, decree or judgment, restraining order or injunction of any court, including, without limitation, Governmental Acts. (d) Notwithstanding any excuse of performance due to the occurrence of any of the foregoing events, Developer shall not be excused from payment of any fees, charges and rates due to Service Company under the terms of this Agreement (including without limitation, the Capacity Reservation Fee and Connection Charges). 13. Successors and Assigns This Agreement and the easements granted hereby, shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 14. Indemnification Service Company and Developer agree: (1) to indemnify and hold the other harmless from negligent acts or omissions of itself, its officers, agents, invitees and users of the system, and (2) to indemnify and hold the other harmless from third -party suits against a party which result from the breach of the Agreement by the other party. 15. Assignment of Warranties and Bonds Developer shall assign any and all warranties, maintenance, completion and performance bonds and the right to enforce same to the Service Company which Developer obtains from any contractor constructing the System. Developer shall obtain a written warranty, completion, performance and maintenance bonds from its contractor for a minimum period of twenty-four (24) months. If Developer does not obtain such written warranty and performance and maintenance bonds from its contractor and deliver same to Service Company, then in such event, Developer agrees to warrant the construction of the System for a period of twenty-four (24) months from the date of acceptance by the Service Company. 16. Notices All notices, demands, requests or other communications by either party under this Agreement shall be in writing and sent by (a) first class U.S. certified or registered mail, return receipt requested, with postage prepaid, or (b) overnight delivery service or courier, or (c) tele-facsimile or similar facsimile transmission with receipt confirmed as follows: If to Service Company: Mr. Christopher Johnson, President 6630 Front Street Key West, FL 33040 With a Copy To: Mr. Edward Castle, P.E. Weiler Engineering 6805 Overseas Hwy, Marathon, Florida 33050 If to Developer: Monroe County Director of Project Management 1100 Simonton Street, Room 2-216 Key West, Florida 33040 and Monroe County Attorney P. O. Box 1026 Key West, Florida 33041-1026 17. Tariff This agreement shall be filed by Service Company with the Florida Public Service Commission within twenty (20) days after this Agreement is signed by both parties. This Agreement is subject to all of the terms and provisions of the Tariff. In the event of any conflict between the Tariff and the terms of this Agreement, the Agreement shall govern and control. 18. Miscellaneous Provisions a) This Agreement shall not be altered, amended, changed, waived, terminated or otherwise modified in any respect or particular, and no consent or approval required pursuant to this Agreement shall be effective, unless the same shall be in writing and signed by or on behalf of the party to be charged. (b) All prior statements, understandings, representations and agreements between the parties, oral or written, are superseded by and merged in this Agreement, which alone fully and completely expresses the agreement between them in connection with this transaction and which is entered into after full investigation, neither party relying upon any statement, understanding, representation or agreement made by the other not embodied in this Agreement. This Agreement shall be given a fair and reasonable construction in accordance with the intentions of the parties hereto, and without regard to or aid of canons requiring construction against Service Company or the party drafting this Agreement. (c) No failure or delay of either party in the exercise of any right or remedy given to such party hereunder or the waiver by any party of any condition hereunder for its benefit (unless the time specified herein for exercise of such right or remedy has expired) shall constitute a waiver of any other or further right or remedy nor shall any single or partial exercise of any right or remedy preclude other or further exercise thereof or any other right or remedy. No waiver by either party of any breach hereunder or failure or refusal by the other party to comply with its obligations shall be deemed a waiver of any other or subsequent breach, failure or refusal to so comply. (d) This Agreement may be executed in one or more counterparts, each of which so executed and delivered shall be deemed an original, but all of which taken together shall constitute but one and the same instrument. It shall not be necessary for the same counterpart of this Agreement to be executed by all of the parties hereto. (e) Each of the exhibits and schedules referred to herein and attached hereto is incorporated herein by this reference. (f) The caption headings in this Agreement are for convenience only and are not intended to be a part of this Agreement and shall not be construed to modify, explain or alter any of the terms, covenants or conditions herein contained. (g) This Agreement shall be interpreted and enforced in accordance with the laws of the state in which the Property is located without reference to principles of conflicts of laws. In the event that the Florida Public Service Commission loses or relinquishes its authority to regulate Service Company, then all references to such regulatory authority will relate to the agency of government or political subdivision imposing said regulations. If no such regulation exists, then this Agreement shall be governed by applicable principles of law. (h) Each of the parties to this Agreement agrees that at any time after the execution hereof, it will, on request of the other party, execute and deliver such other documents and further assurances as may reasonably be required by such other party in order to carry out the intent of this Agreement. (i) If any provision of this Agreement shall be unenforceable or invalid, the same shall not affect the remaining provisions of this Agreement and to this end the provisions of this Agreement are intended to be and shall be severed. Notwithstanding the foregoing sentence, if (i) any provision of this Agreement is finally determined by a court of competent jurisdiction to be unenforceable or invalid in whole or in part, (ii) the opportunity for all appeals of such determination have expired, and (iii) such enforceability or invalidity alters the substance of this Agreement (taken as a whole) so as to deny either party, in a material way, the realization of the intended benefit of its bargain, such party may terminate this Agreement within thirty (30) days after the final determination by notice to the other. If such party so elects to terminate this Agreement, then this Agreement shall be terminated and neither party shall have any further rights, obligations or liabilities hereunder, except for any rights, obligations or liabilities which by the specific terms of this Agreement survive the termination of this Agreement. (j) In the event of any litigation arising out of or connected in any manner with this Agreement, the non -prevailing party shall pay the costs of the prevailing party, including its reasonable counsel and paralegal fees incurred in connection therewith through and including all other legal expenses and the costs of any appeals and appellate costs relating thereto. Wherever in this Agreement it is stated that one party shall be responsible for the attorneys fees and expenses of another party, the same shall automatically be deemed to include the fees and expenses in connection with all appeals and appellate proceedings relating or incidental thereto. This subsection 0) shall survive the termination of this Agreement. (k) This Agreement shall not be deemed to confer in favor of any third parties any rights whatsoever as third -party beneficiaries, the parties hereto intending by the provisions hereof to confer no such benefits or status. (1) Developer agrees that the Service Company may, at its sole discretion, require certain allocations to the proposed collection and transmission systems for future connections. Developer further agrees that Service Company may, at its sole discretion, extend the sewer line for any reason. It is understood that there will be no reimbursement or additional credit. IN WITNESS WHEREOF, Service Company and Developer have executed this Agreement as of the day and year first above written. SERVICE COMPANY: KW Resort Utilities Corp. B : ly Print Name: Christoph Johnson Title: President Address: 6630 Front Street Key West, FL 33040 (SEAL) STATE OF FLORIDA ) DEVELOPER: Board of County Commissioners of Monroe County, Florida By: AZ. Print Name: George Neugent Title: Mayor/Chairman 1100 Simonton Street, Suite 205 Key West, FL 33040 Kevin Madok, Clerk of the rt, Monroe County, Florida By: .~.����,.-w� Print Name: Pamela Hancock Title: Deputy Clerk (SEAL) MONROE COUNTY ATTORNEY APPROVED A5 Tq FORM: RISTINE PJiAIMBERT-BARROWS ASSI1J� ��N Y' ATTORNEY Date ) SS. COUNTY OF MONROE ) The foregoing instrument was acknowledged before me thi�day of 2017, by Christopher A. Johnson as President, of KW Resort Utilities Corp., a Florida corporation, on behalf of said corporation. He/she is personally known to me or who has produce as identification. / NOTARY PUBLIC rY C -- w � r— v O `— �.7 My Commission Expires: JUDI L. IRIZARRY MY COMMISSION # FF204245 EXPIRES: March 22, 2019 Property Search -- Monroe County Property Appraiser Page 1 of 7 EXHIBIT A. iiiScott P. Russell, CFi4 -:.Property Appraiser Monroe County, Florida Key West (305) 292-3420 Marathon (305) 289-2550 Plantation Key (305) 852- 7130 f Property Record Card - Website tested on IE8, Maps are now launching the new map applicatiorke�@FAIA&"re` ash 10.3 or higher Alternate Key: 1161519 Parcel ID: 06127300-000000 Ownership Details Mailing Address: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY 500 WHITEHEAD ST KEY WEST, FL 33040-6581 Property Details PC Code: 86 - COUNTIES OTHER THAN (PC/LIST) Millage Group: 110A Affordable Yes Housing: section- Township- 35-67-25 Range: Property 6751 5TH ST SOUTH STOCK ISLAND Location: Legal STOCK ISLAND MALONEY SUB SUBDIVISION PBl-55 PT LOT 1 & ALL 2-3 & 4 & PT 5 SQR 57 & BAY BTM S Description: OF BLK 57 G54-384 OR2-55 OR380-381 /382 OR384-1080/81 11 DEED 24078 OR777-933E OR866- 2451 /55E OR1230-1627/28 OR1230-1629/31 OR1230-1632/34/AFF RE 12385 & 12732-12735 COMBINED FOR ASSESSING PURPOSES 6-1-95 http://www.mcpafl.org/PropSearch.aspx 2/22/2017 Property Search -- Monroe County Property Appraiser Page 2 of 7 Click Map Image to open interactive viewer Exemptions Land Details Exemption Amount 14 - COUNTYLANDS 1,332,950.00 Land Use Code Frontage Depth Land Area 8600 - COUNTY 0 0 16,700.00 SF http://www.mcpafl.org/PropSearch.aspx 2/22/2017 Property Search -- Monroe County Property Appraiser Page 3 of 7 8600 - COUNTY 0 0 20,000.00 SF 8600 - COUNTY 0 0 20,000.00 SF 8600 - COUNTY 0 0 20,500.00 SF 8600 - COUNTY 0 0 14,875.00 SF 8600 - COUNTY 0 0 174140.00 SF OOOX - ENVIRONMENTALLY SENS 0 0 5.48 AC Building Summary Number of Buildings: 2 Number of Commercial Buildings: 1 Total Living Area: 1432 Year Built: 1995 Building 1 Details Building Type R1 Condition G Effective Age 12 Perimeter 124 Year Built 1995 Special Arch 0 Functional Obs 0 Economic Obs 0 Inclusions: R1 includes 1 3-fixture bath and 1 kitchen. Roof Type GABLE/NIP Roof Cover ASPHALT SHINGL Heat 1 NONE Heat 2 NONE Heat Src 1 NONE Heat Src 2 NONE Extra Features: 2 Fix Bath 0 3 Fix Bath 0 4 Fix Bath 0 5 Fix Bath 0 6 Fix Bath 0 7 Fix Bath 0 Extra Fix 0 Quality Grade 400 Depreciation % 12 Grind Floor Area 912 Foundation CONC PILINGS Bedrooms 2 Vacuum 0 Garbage Disposal 0 Compactor 0 Security 0 Intercom 0 Fireplaces 0 Dishwasher 0 http://www.mcpafl.org/PropSearch.aspx 2/22/2017 Property Search -- Monroe County Property Appraiser Page 4 of 7 24 FT SBF `4 FT. 648-102 FLA 912-124 16 FT. 27 FT, �- FT. 4 FT: �1`1R�8 38 FT 24 FT. CPF 528-92 �? FT. FT. 2d FT. Sections: 18 FT. 24 FT 1-jUF 8 FT1,92-64 8 FT. 24 FT Nbr Type Ext Wall # Stories Year Built Attic A/C Basement % Finished Basement % Area 1 CPF 11:VINYL SIDING 1 1995 N Y 0.00 0.00 528 2 SBF 11:VINYL SIDING 1 1995 N Y 0.00 0.00 648 3 OUF 11:VINYL SIDING 1 1995 N Y 0.00 0.00 192 4 FLA 11:VINYL SIDING 1 1995 N Y 0.00 0.00 912 5 ODU 11:VINYL SIDING 1 1995 N Y 0.00 0.00 16 Building 2 Details Building Type Condition E Effective Age 14 Perimeter 92 Year Built 1995 Special Arch 0 Functional Obs 0 Economic Obs 0 Inclusions Roof Type Roof Cover Heat 1 Heat 2 Heat Src 1 Heat Src 2 Extra Features: 2 Fix Bath 0 3 Fix Bath 0 4 Fix Bath 0 5 Fix Bath 0 6 Fix Bath 0 7 Fix Bath 0 Extra Fix 12 Quality Grade 150 Depreciation % 15 Grnd Floor Area 520 Foundation Bedrooms 0 Vacuum 0 Garbage Disposal 0 Compactor 0 Security 0 Intercom 0 Fireplaces 0 Dishwasher 0 http://www.mcpafl.org/PropSearch.aspx 2/22/2017 Property Search -- Monroe County Property Appraiser Page 5 of 7 20 FT. FLA 520-92 26 FT. Sections: 20 FT, 26 FT. Nbr Type Ext Wall # Stories Year Built Attic A/C Basement % Finished Basement % Area 1 F.L.A. 1 1995 520 Interior Finish: Section Nbr Interior Finish Nbr Type Area % Sprinkler A/C 10034 FORESTS/PARKS ETC -A- 100 N N •ior Wall: Interior Finish Nbr Type Area % 3281 C.B.S. 100 Misc Improvement Details Nbr Type # Units Length Width Year Built Roll Year Grade Life 1 PT3:PATIO 45 SF 0 0 1994 1995 2 50 2 CL2:CH LINK FENCE 850 SF 17 50 1993 1994 1 30 3 AP2:ASPHALT PAVING 35,380 SF 0 0 1994 1995 2 25 4 CL2:CH LINK FENCE 3,996 SF 999 4 1993 1994 1 30 5 CL2:CH LINK FENCE 404 SF 101 4 1993 1994 1 30 Appraiser Notes BLDG TWO IS A PUBLIC RESTROOM. C.O. #95-0381, DATE ISSUE 01-96. http://www.mcpafl.org/PropSearch.aspx 2/22/2017 Property Search -- Monroe County Property Appraiser Page 6 of 7 BERNSTEIN PARK Building Permits Bldg Number e I D uted Date Completed Amount Description Notes 1 NA 08/01/1996 09/01/1996 100 Residential NO/PERMIT 96-399 08/01/1996 09/01/1996 1,000 ENCLOSURE 95-0381 09/01/1995 12/01/1995 61,600 SFR 94-0823 11/01/1994 09/01/1996 6:000,000 CONST.PUBLIC PARK 12103412 09/26/2012 11/08/2012 61500 Commercial NEW ADA PARKING SPOT WITH ACCESS LANES AND APPROPRIATE SIGNS Parcel Value History Certified Roll Values. View Taxes for this Parcel. Roll Year Total Bldg Value Total Misc Improvement Value Total Land Value Total Just (Market) Value Total Assessed Value School Exempt Value School Taxable Value 2016 130.349 40,731 3,833,111 41004,191 1,332,950 4,004.191 0 2015 132,432 35,425 3,833,111 4,000,968 1:211;773 4;000,968 0 2014 139,535 32,202 3.833,111 4,004,848 1:101,612 4,004,848 0 2013 141,542 32,209 3,975,065 4.148,816 1,001,466 4,148,816 0 2012 142,638 32,217 3,975,065 4,149,920 910,424 4,149,920 0 2011 143,093 32,500 3,975,065 4,150,658 827,659 .4;150,658 0 2010 145,100 32,874 2,301,410 2.479,384 752:418 2,479,384 0 2009 147,106 35,988 500,923 684,017 684,017 684,017 0 2008 148,202 39,100 500,923 688,225 688,225 688,225 0 2007 142,278 41,737 51343,923 5.527,938 51527,938 5,527,938 0 2006 139,895 44,821 4,883,548 5.068,264 5,068,264 5,068,264 0 2005 140,533 47,903 4,883,548 5,071,984 5,071:984 5,071:984 0 2004 131,611 51,068 1,641,298 1,823,977 1.823,977 1,823,977 0 2003 131,611 54152 15281,298 1.467,061 1,467,061 1,467,061 0 2002 87,406 577236 1,281,298 1,425,940 1,425.940 1,425,940 0 2001 87,406 60,401 940,621 1,088,428 1,088,428 1,088;428 0 2000 87,406 35,226 940,621 1,063,253 1:063,253 1;063,253 0 1999 87,406 36,936 848,546 972,888 972,888 972,888 0 1998 77,056 38,694 848,546 964,296 964.296 964,296 0 1997 77,056 3,414 848,546 929,016 929,016 929,016 0 1996 66,626 3,527 848,546 918,699 918,699 918,699 0 1995 0 0 848;546 848,546 848,546 848,546 0 1994 0 0 88,510 88,510 88,510 88,510 0 1993 0 0 88,510 88,510 88,510 88,510 0 1992 0 0 34,870 34,870 34,870 0 34,870 http://www.mcpafl.org/PropSearch.aspx 2/22/2017 Property Search -- Monroe County Property Appraiser Page 7 of 7 1991 0 0 34,870 34.870 34,870 0 34,870 1990 0 0 34,870 34.870 34,870 0 34,870 1989 0 0 40,280 40,280 40,280 0 40,280 1988 0 0 40,280 40,280 40,280 0 40,280 1987 0 0 40;280 40,280 40,280 0 40,280 1986 0 0 25,175 25,175 25,175 0 25,175 1985 0 0 25,050 25,050 25,050 0 25.050 1984 0 0 25,050 25,050 25,050 0 25,050 1983 0 0 25,050 25,050 25,050 0 25,050 1982 0 0 13,120 13;120 13,120 0 13,120 Parcel Sales History NOTE: Sales do not generally show up in our computer system until about two to three months after the date of sale. If a recent sale does not show up in this list; please allow more time for the sale record to be processed. Thank you for your patience and understanding. Sale Date Official Records Book/Page Price Instrument Qualification 9/1/1992 1230 / 1627 1 WD M This page has been visited 219,948 times. Monroe County Property Appraiser Scott P. Russell, CFA P.O. Box 1176 Key West, FL 33041-1176 http://www.mcpafl.org/PropSearch.aspx 2/22/2017 1 s.N ��EN1,F - �= 1 _m - o � J. m a g MONROE COUNTY BERNSTEIN PARK RENsoNs ORIGINAL FEa�o^AT,o+° 01O1-ONG1NOCR1 m m n 1100 SIMONTON STREET 2 � n KEY WEST, FL 33040 STOCK ISLAND, FL n sR ALLEN E. PERE2 PE T ENGINEERING UTILITY PLAN 6 Fib, .E.N0.51436 &DEVELOPMENT, INc F,bruary23, 2017 _ KW Resort Utilities,Cory. 6630 Front Street Key West, FL 33040 305.295.3301 K\NRU FAX 305.295.0143 www.kwru.com KVV RESORT UTILITIES Project Name Property Address RE # (s) Calculation used: Exhibit C - ERC Calculation Sheet Bernstein Park 67515th Street 00127300-000000 Water Usage History or ERC assessment performed by Ed Castle, P.E. with Weiler Engineering. Plans by William P. Horn Architect, P.A. signed and sealed dated 6/23/15. Also used was an email from Johnnie Young sent on 1/25/17 with the occupancy loads. Bernstien Park Wastewater Flow Calculations No. of Per Capita Total Flow, Description People/seats GPD GPD Classroom/Assembly room 211, with Cafeterial 125 14 1750 Service Employees, per 8 hour day shift 12 15 180 Employees, per 8 hour evening shift 5 15 75 Employees, per 8 hour 2 15 30 night shift (security) Park with Toilets, Per visitor 150 4 600 Concession, single -service 20 20 400 articles, < 16 hrs per day TOTAL FLOW, GPD 3035 F.A.C. Chapter 64E-6 Previous Credits 1 ERC for Single family stilt home 0.77 for bath house* *Used 4 year historical average to determine ERC amount TOTAL CREDITS = 1.77 ERCs 1 ERC = 250 gallons 3035 / 250 = 12.14 ERCs Day Shift assumptions: 3 office, 1 kitchen, 1 consessions sales, 2 meal deliveries to classrooms, 1 security, 2 maintenance, 2 instructors Evening Shift Assumptions: 1 kitchen, 1 consessions sales, 1 meal deliveries to classrooms, 1 security, 1 instructor Night Shift Assumptions: 2 security Date Calculated 2/7/2017 Signature GW