Resolution 155-2015i
:4
Door# 2041980 08/17/201 9:19 M
Filed & Recorded in Official Records of
MONROE COUNTY AMY HEAV I L I N
RESOLUTION BY THE MONROE COUNTY BOARD of
COUNTY COMMISSIONERS APPROVING
DEVELOPMENT AGREEMENT BETWEEN MONROE
COUNTY, FLORIDA; ROGER BERNSTEIN., AS TRUSTEE of
THE BENJIIN BERNTEIN TRUST B ; AND SAFE
HARBOR SEAFOOD (AS SUCCESSOR IN INTEREST To
JOSEPH R. RACKMAN AND JEFFREY W. BOLOTIN, AS
TRUSTEES of THE ISLAND TRUST AGREEMENT DATED
MARCH 10, 199, CONCEPTUALLY APPROVING THE
REDEVELOPMENT of PROPERTY LOCATED AT 500
FOURTH AVENUE, 5550 FIFTH AVENUE AND 6500 FRONT
STREET, STOCK ISLAND, APPROXtMATE MILE MARKER
, LEGALLY DESCRIBED AS A PORTION of BLOCK 55,
ALL of BLOCK 5, AND A PORTION (LOT 13) of BLOCK
57, THE VACATED PORTION of FIFTH AVENUE PER
RESOLUTION #28-1966, MALONEY SUBDIVISION (ALSO
KNOWN AS 1 I DON Li ' S PLAT), PLAT Boob 1, PACE 55,
AND ADJACENT BAY BOTTOM, STOCK ISLAND, MONROE
COUNTY, FLORIDA, AND HAVING REAL ESTATE RE
NUMBERS 00123600.0001K 00123770.0000001
0 12 250- 000001 00127280.0000W 00127290.000000 AND
00127380.000000.
WHEREAS, during a public meeting held on .tune 10, 2015 the Monroe County Board
of County Commissioners conducted a public hearing to review and consider a request filed by
Attorney Barton V. Smith, on behalf of Roger Bernstein, as Trustee of the Benjamin Bernstein
Trust B; and Safe Harbor Seafood as successor in interest to Joseph I . Rackman and Jeffrey W.
Bolotin, as Trustees of the Island Trust Agreement dated March 10, 1989), for a development
agreement in accordance with § 11 - 132 and § 110-1 3 of the Monroe County Code and Florida
Statutes Sec. 163.3220 et. s{., the "FloridaLocal Government Development Agreement Act";
and
WHEREAS, the development agreement relates to the redevelopment of the subject
property to include marina uses, heavy and light industrial uses lnclud'ng boat building repair
and storage), commercial fishing uses (including the manufacture, assembly, repair, maintenance
and storage of traps, nets and other fishing equipment), hotel uses, commercial retail uses
(including a restaurant with up to 150 seats and a market), and accessory uses. The residential
Page I of
DocN 2041980
BkN 2756 PgU 1024
density, under maximum net density, would not exceed 122 transient residential units in the
form of hotel rooms); and
WHEREAS, not including accessory structures related to the transient residential uses,
the nonresidential floor area would not exceed 14,000 square feet. At least 35 percent of the
upland area of the properties shall be reserved for working waterfront and water dependent uses.
At least 20 percent of the dockage shall be reserved for commercial fishing vessels. new
residential or nonresidential buildings shall not exceed 35 feet in height; and
WHEREAS, public access will be permitted to the Bernstein Property from 7:00 a.m.
until dusk and the Bernstein Property is subject to a 10 foot public access walkway along the
shoreline and 5 foot sidewalk along the perimeter compliant with County Code; and
WHEREAS, the Safe Harbor Seafood Property 1s currently used for commercial fishing
uses and after consideration of the security and physical constraints of the parcel, the Monroe
County BO C has determined a public access walkway shall not be required on the Safe Harbor
Seafood Property so long as it is used 1 0% for commercial fishing uses; and
WHEREAS, the development agreement establishes specific timeframes to ensure the
subject properties are brought into compliance with County Codes to protect the public health,
safety and welfare; and
WHEREAS, the development agreement involves the redevelopment of the site, located
at 5700 Fourth Avenue, 5550 Fifth Avenue and 6500 Front Street, Stock Island, Florida,
approximate mile marker 5 of the Overseas Highway (US 1); and
WHEREAS, the site is legally described as a portion of Black 55, all of Block 56, and a
Portion (Lot 1 of Block 57, the vacated portion of Fifth Avenue per Resolution olution #28-1966,
Maloney subdivision (also known as McDonald's Plat), Plat Book 1, Page 55, and adjacent bay
bottom, having real Estate (ICE) Lumbers 012 0 .00010 , 00123770.0000009
0012 250.000000, 001272 0.000000, 00127290.000000 and 00127 0.00 000; and
WHEREAS, based upon the information and documentation submitted, the Board of
County Commissioners mares the following Findings of Fact:
1. The subject property is located within a Maritime Industries MI Land Use (Zoning)
District.. Further, it is designated within a Mixed Use Commercial M category on
the Future Land Use Map FLUM and within a Tier III district on the Tier Overlay
District Map; and
2. In 2013, an amendment to the Monroe County Future Land Use Map was approved
amending the future land use designation of the subject property from Industrial 1 to
Mixed Use/Commercial (MC). The approval is memorialized by Ordinance #0 5-
201 , approved by the Board of County Commissioners at a public hearing on
December 11, 201 ; and
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Doc## 2041980
BI B# 2756 P9U 1025
3. Section 1 3.3220, Florida Statutes, authorizes Monroe County to eater into
development agreements with landowners and/or governmental agencies to encourage
a stronger commitment to comprehensive and capital facilities planning, ensure the
provision of adequate public facilities for development, encourage the efficient use of
resources, and reduce the economic east of development; and
. The development agreement, among other things, is intended to and skull constitute
development agreement among the Parties pursuant to the Florida Local Government
Development Agreement Act, Section 163.3223., et seq ., Florida Statutes; and
. Development shall not be inconsistent with the Monroe County Code; and
b. Development shall not be inconsistent with the Monroe County Comprehensive Plan;
and
7. Development on Stock Island shall not be inconsistent with the Master Plan for the
Future Development of Stock Island and Key Haven, also known as the Stock
Island/Key Haven CommuniKeys Plan; and
. Development shall not be inconsistent with the Principles for Guiding Development
in the Florida Keys Area of Critical State Concern; and
. The Monroe County Planning Commission held a public hearing at its meeting on
October 29, 2014, which was the first of two required public hearings, and
recommended approval to the -Board of County Commissioners; and
WHEREAS, based upon the information and documentation submitted, the Board of
County Commissioners males the following Conclusions of Law:
1. The request is consistent with the provisions and intent of the Monroe County Code;
. The request is consistent with the provisions and intent of the Monroe County Year
2010 Comprehensive Plan;
3. The request is consistent with the Master Plan for the Future Development of Stock
Island and Key Haven, also known n as the Stock Island Key Haven Communi ey
Plan;
. The request is consistent with the Principles for Guiding Development in the Florida
Keys Area of Critical State Concern;
. The Agreement, among other things, is intended to and shall constitute a development
agreement among the Parties pursuant to the Florida Local Government Development
elopment
Agreement Act, Section 13.3223, et seq., Florida Statutes;
Page 3 of 4
DocH 2041980
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF M NR E COUNTY9 FLORIDA, that the preceding Findings of
Fact and Conclusions of Law support its decision to APPROVE the Development Agreement
attached hereto.
PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS o
Monroe County, Florida, at a regular meeting held on the 11n of June, 201.
Mayor Danny L. I olhage YES
Mayor pro tem Heather Carruthers YES
Commissioner Sylvia Murphy NO
Commissioner Gorge Neugent YES
Commissioner David Rice YES
BOARD of COUNTY COMMISSIONERS
' F MONRO COUNTY, FLORID
.8 9,3 BY: •
M or Danny L. olhage
• `AMY HE VILI , CLERK
NR E COUNTY ATTORNEY
A A FIROVED ASITV F ' ORM:
Deputy Cldk Lix
STEVEN T. WILLIAMS
ASSISTANT ATTORNEY
Date
C
'- ' '
+
Page 4 of 4
Dace# 2041980
BkH 2756 PqN 1027
1
2
4 DEVELOPMENT AGREEMENT
5
THI DEVELOPMENT AGR
EEMENT ("Agreement") is entered into on the day
2 of 2015, by and between MO R E COUNTY, FLORIDA, a
8 Political SAdivision of the State of Florida ("'Monroe County"), ROGER BERNSTEIN, as
9 Trustee of the Benjamin Bernstein Trust B, ("Bernstein Trust") and SAFE HARBOR
10 SEAFOOD LLC, successor in interest of JOSBPH I . RACKMAN and JEFFREY W.
11 BOLOTIN, as Trustees of the Island Trust Agreement, dated March 10, 1989 "Safe Harbor
12 Seafood" (collectively, the `Parties", pursuant to Sections 11 0-132, 11 -13, and 13-1 2 of
13 the Monroe County, Florida, Code of Ordinances "Monroe County Code", and the Florida
14 Local Government Development Agreement Act, Florida Statutes Sections 1 3. 22 -1 3.32 3
15 213, and is binding on the "'Effective Date" set forth herein:
1
17 WIT ESSETH:
1
19 The Parties hereby agree as follows:
20
1 I. RECITALS
22 A. This Agreement involves the development of properties located at 5550 Fifth Avenue, 5700
3 Fourth Avenue and 6460 Front Street, South Stock Island, Florida, MM 5. The properties
24 shall be referred to in this Agreement collectively as the "Properties." The parcel owned by
25 the Benjamin Bernstein Trust B, Monroe County Parcel ID 00123770-000000, 00127250-
26 000000, 00 12720- 12729-09 00127380-000000, consisting of
27 approximately 9. 2 Upland acres and 9.63 Submerged acres of land, shall be referred to
28 collectively as the "Bernstein Property." The parcel owned by Safe Harbor Seafood, Monroe
29 County Parcel ID 00 123 600 -000 100, consisting of approximately 3.11 Upland acres and 1. 6 1
30 Submerged acres of land, shall be referred to as the "Safe Harbor Seafood Property,"
31
32 B. This Agreement requires the preservation of at least 30 of the upland area of the Properties
33 for working waterfront and water dependent uses such as commercial fishing, marina,
4 including short terra and long term dockage, fish house marl et, boat repair, boat building,
35 boat storage or other similar uses, but excluding transient. uses "Traditional Working
36 waterfront Uses". The entirety of the upland portion of the Safe Harbor Seafood Property
37 and, at a minimum, at least 1.30 upland acres of the Bernstein Property shall be preserved for
38 Traditional Working waterfront Lases.
39
40 C. All Parties have the authority to eater into this Agreement through Florida Statutes Chapter
41 163 and the sole and undivided ownership of the Properties.
4
43 D. Section 13.322, Florida Statutes, authorizes Monroe County to enter into development.
44 agreements with landowners and/or governmental agencies to encourage a stronger
45 commitment to comprehensive and capital facilities planning, ensure the provision of
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Dock# 2198
BkO 2756 P9N 1028
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adequate public facilities for development, encourage the efficient use of resources, and
reduce the economic cost of development.
F. This Agreement, among other things, is intended to and shall constitute a development
agreement among the Parties pursuant to the Florida Local Government Development
Agreement Act, Section 163.3223, et seq., Florida Statutes (the "Act").
F. The Parties recognize that the public noticing and hearing procedures shall follow the
requirements of Section 163.3225, Florida Statutes, which requires the local government to
conduct two public hearings, one of which may be before the Planning Commission.
G. Monroe County finds that entering into this Agreement furthers the purposes, goals,
objectives and policies of the Monroe County Comprehensive Plan which contains policies
that seek to encourage the maintenance and enhancement of community character and
recreational and commercial working waterfronts (including, but not limited to, Policy
101.4.5.
H. Monroe County Comprehensive Plan Policy 101.4.5 requires that parcels with a Future Land
Use Map `'FLUM" designation of Mixed Use/Commercial (""MC") and land use zoning
district of Maritime Industry "MI" are required to preserve 35% of the upland area for
Traditional working waterfront Uses if a mixture of uses 1s proposed. The Policy 1s intended
to permit the redevelopment of such parcels to accommodate tourism while maintaining the
character of working waterfronts.
I. Monroe County Code Section 13 -166 provides that development that is part of a common
plan or theme of development including an overall plan of development shall be aggregated
for the purposes of determining permitted or authorized development and compliance with
the standards contained in Monroe County Code Chapter 130.
J. The Bernstein Property, 5550 Fifth Avenue and 5700 Fourth Avenue, South Stock Island,
Florida is generally described as follows:
1. The Benjamin Bernstein Trust B owns that certain real property located at 550 Fifth
Avenue and 5700 Fourth Avenue, South Stock Island, Florida 3304. A copy of the
Instruments evidencing Bernstein Trust's ownership are attached hereto and incorporated
herein as Exhibit 1. Historically and currently the Bernstein Property is vacant land was
and is being used for open storage and commercial fishing.
2. A complete legal description of the Bernstein Property is attached hereto and
incorporated herein as Exhibit 2.
. As of the elate of this Agreement, the Bernstein Property is assessed by the Monroe
County Property Appraiser as real estate numbers 00123770- 00000, 0 12725 -00 0 ,
01 72 0-00 0 , 00127290-0 0000, l 01273 0-000000.
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Dock 2042980
BkN 2756 P # 1029
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4. The Bernstein Property currently has a Maritime Industries "I II" Land Use (Zoning)
District designation and a corresponding Mixed Use/Commercial ("'MC") Future Land
Use Map designation. A copy of the Land Use District Map and Future Land Use Map
for the Bernstein Property is attached as Exhibit 3.
5. The Bernstein Property currently has a Tier overlay District designation of Tier III.
6. The Bernstein Property consists of 9.52 Upland acres and 9.63 Submerged acres of land.
K. The Safe Harbor Seafood Property, 6460 Front Street, South Stock Island, Florida i
generally described as follows:
1. Safe Harbor Seafood owns that certain real property located at 6460 Front Street, Stock
Island, Florida. A copy of the warranty Deed evidencing Safe Harbor Seafood's
ownership is attached hereto and incorporated herein as Exhibit 4. Historically and
currently the Safe Harbor Seafood Property is vacant land that was and is being used for
open storage, fish retail and distribution and commercial ial fishing.
2. A complete legal description of the Safe Harbor Seafood Property 1s attached hereto and
incorporated herein as Exhibit 5.
3. As of the slate of this Agreement, the Safe Harbor Seafood Property is assessed by the
Monroe County Property Appraiser as real estate number 00 123600-000 100.
. The Safe Harbor Seafood Property currently has Maritime Industries "MI" Land Use
(Zoning) District designation and a corresponding Mixed Use/Commercial "I CI "
Future Land Use Map designation. A copy of the Land Use District Map and Future
Land Use Map for the Safe Harbor Seafood Property is attached hereto and incorporated
herein as Exhibit 6.
5. The Safe Harbor Seafood Property currently has a Tier overlay District designation of
Tier 111.
6. The Safe Harbor Seafood Property consists of 3.11 Upland acres and 1.61 Submerged
aches of land.
II.PURPOSE
A. The overall purpose of this Agreement is to alloy for certainty among the Parties as to the
permitted density of future transient residential development on the Bernstein Property, and
to ensure that Traditional working waterfront Uses on the Safe Harbor Seafood Property
continue and are capable of being attributed towards the 35% of upland required for
Traditional working waterfront Uses when redeveloping the Bernstein Property to provide
for transient residential uses.
Page 3 of 24
Dock# 2041980
BIB# 2756 Pg# 1030
1 B. The Agreement allows for the development of property located at 5550 Fifth Avenue, 5700
Fourth Avenue and 6460 Front Street, Stock Island, Florida, in compliance with all
3 applicable provisions of Florida Statutes, the Principles for Guiding Development in the
Florida Keys Area of Critical State Concern, the Monroe County Comprehensive Plan, the
5 Master Plan for the Future Development of Stacy Island and Key Haven, and the Monroe
5 County Code.
C. The Agreement allows the Parties to implement the provisions of Monroe County
Comprehensive Plan Policy 101..5 as applied to the Properties in order to provide for the
10 establishment of mixed use development patterns, including transient residential uses and
11 Traditional working waterfront Uses.
1
13 D. This Agreement will allow for a reasonable use of the Bernstein Property and Safe Harbor
14 Seafood Property by allowing for development of a significant portion of the Bernstein
15 Property for transient residential uses while preserving working waterfront and water
16 dependent uses on a portion of the Bernstein Property and all of the Safe Harbor Seafood
17 Property.
1
19 E. To protect the public health, safety and welfare and establish specific tirneframes to ensure the
0 Properties are brought into compliance with County Codes. Code Compliance shall inspect
1 the Properties at conclusion of each timeframe listed below. If the terms of the compliance
22 schedule are not met, the development agreement is voidable at the sole option of the County
3 at a public hearing of the Board of County Commissioners.
24 1. Debris: Six month timeframe for the removal and clean-up of all excess trash and
5 debris existing as of the Effective Date. After clean up, the Properties shall remain in a
26 safe and sanitary condition similar to other working waterfront commercial operations
7 with designated trash debris locations and with regular waste removal.
8 2. Upland Structures: One 1 year timeframe for demolition permits for the elimination of
29 all unsafe and/or unperitted structures existing as of the Effective Date or building
30 permits, as necessary, to bring the structures existing as of the Effective Date into
31 compliance.
32 3. Docking Facilities:
33 a. For the unsafe and/or unpermitted docking facilities on the Bernstein Property
34 existing as of the Effective Date of this agreement, the applicant shall apply for state,
35 federal and county permits within 6 months of effective date of agreement. Necessary
36 repairs to be commenced within 6 months of issuance of state, federal and county
37 permits with no lapses in permits attributable to the applicant, otherwise the
38 development agreement shall become null and void. Necessary repairs to be
39 completed within 2 years from issuance of state, federal and county permits.
40 b.For the unsafe and/or unpermltted docking facilities on the Safe Harbor Seafood
41 Property existing as of the Effective Date of this agreement, the docking facilities
42 shall receive all required Federal, State, and Monroe County permits for the
43 demolition, repair or redevelopment and final inspections within the timeframe
44 provided in the below table.
45 c.Docking facilities deemed `unsafe' on the Safe Harbor Seafood, LL, property shall
46 not be utilized and the property owner agrees to demolish the docking facilities.
Page 4 of 24
DocM 2041980
Ski# 2756 P N 1031
1 d.The Safe Harbor Seafood property owners agree to hold the County harmless, now
and forever, from any liability related to use and repair of the docking facilities.
e.A copy of the Engineering Deport by Richard J. Milelli, P.E. (#583 1 for the Safe
4 Harbor Seafood docks, dated March 5, 2011, is attached hereto and incorporated
herein as Exhibit 7. A copy of the Monroe County Code Section -27 is attached
hereto and incorporated herein as Exhibit 8.
Current Condition based
Actions Required
Dock on Engineering Deport
from Engineering
County recommended action pursuant to
Id by Richard J. Milelli,
Report by Richard J.
Code Section 6-27. - Unsafe buildings
P.E. #5 15
Milelli, P.E
Deemed unsafe by County Code
Apply for state, federal and county permits within 6
months of effective date of agreement. Necessary
Install additional piers
repairs to be commenced within 6 months of
Safe
on landward and
issuance of state, federal and county permits with no
waterward sides to
lapses In permits attributable to the applicant,
anchor the dock
otherwise the development agreement is voidable at
the sale option of the County at a public hearing of
the Board of County Commissioners. Necessary
repairs to be completed within 2 years from issuance
of state, federal and county permits.
Deemed unsafe by County Code
Apply for state, federal and county permits within
months of effective date of agreement. Necessary
Remove plywood;
repairs to be commenced within 6 months of
Plywood Portion -Unsafe
y
Install piers, bents,
issuance of state, federal and count permitswith no
2 26 decking -Safe
stringers and 26
g
lapses in pen attributable to the applicant,
decking
otherwise the development agreement is voidable at
the sole option of the County at a public hearing of
p g
the Board of County Commissioners. Necessary
repairs to be completed within 2. years from issuance
of state, federal and county permits.
Unsafe should not be used.
Deemed unsafe by County Code
Apply for state, federal and county permits within
months of effective date of agreement. Necessary
Install additional piers
repairs to be commenced within 6 months of
on landward and
issuance of state, federal and county permits with no
of
waterward sides to
lapses in permits attributable to the applicant,
anchor dock, add
otherwise the development agreement is voidable at
stringers
the sole option of the County at a public hearing of
the Board of County Commissioners. Necessary
repairs to be completed within 2 years from issuance
of state, federal and county permits.
Page 5 of 24
Dock# 2041980
Remove plywood;
Deemed unsafe by County Code
4 Unsafe
Install piers, bents,
Apply for demolition permit and demolish within 2
stringers and 2x6
months of effect-
ive date of agreement.
decking
Unsafe should not be used.
Deemed unsafe by County Code
Apply for state, federal and county permits within b
months of effective date of agreement. Necessary
Install additional piers
repairs to be commenced within 6 months of
on landward and
issuance of state, federal and county permits with no
Safe
waterward sides to
lapses in permits attributable to the applicant,
anchor dock; stagger
otherwise the development agreement is voidable at
deck boards
the sole option of the County at a public hearing of
the Board of County Commissioners. Necessary
repairs to be completed within 2 years from issuance
of state, federal and county permits.
Remove plywood;
Deemed unsafe by County Code
Unsafe
Install piers, bents,
Apply for demolition permit and demolish within 2
stringers and 2x6
months of effective date of agreement.
decking
Unsafe should not be used.
Deemed unsafe by County Code
Apply for state, federal and county permits within
months of effective date of agreement. Necessary
repairs to be commenced withinmonths of
Remove plywood;
issuance of state, federal and county permits with no
7Plywood Portion -Unsafe
Install piers, bents,
lapses in permits attributable to the applicant,
fix( decking -Safe
stringers and
otherwise the development agreement is voidable at
decks ri g
the sole option of the County at a public hearing of
the Board of County Commissioners. Necessary
repairs to be completed within 2 years from issuance
of state, federal and county permits.
Unsafe should not be used.
Deemed unsafe by County Code
Apply for state, federal and county permits within
months of effective date of agreement. Necessary
repairs to be commenced within 6 months of
Install additional piers
issuance of Mate, federal and county permits with no
Safe
on landward and
lapses in permits attributable to the applicant,
waterward sides to
otherwise the development agreement is voidable at
anchor clock
the sole option of the County at a public hearing of
the Board of County Commissioners. Necessary
repairs to be completed within 2. years from issuance
of state, federal and county permits.
Page 6 of 24
DocO 2041980
BU 276 P90 103
Install additional piers
Safe on waterward sides to
anchor dock
Install additional piers
10 Safe on landward and
waterward sides to
anchor dock
Install additional piers
I 1 S afe on landward and
waterward sides to
anchor dock
Remove plywood,
Deeds further evaluation evaluate existing
g
framing and install
decking
Page 7 of 24
Deemed unsafe by County Code
Apply for state, federal and county hermits within
months of effective date of agreement. Necessary
repairs to be com-menced within 6 months of
issuance of state, federal and county permits with no
lapses in permits attributable to the applicant,
otherwise the development agreement is voidable at
the sole option of the County at a public hearing of
the Board of County Commissioners. Necessary
repairs to be completed within 2 years from issuance
of state, federal and county permits.
Deemed unsafe by County Code
Apply for state, federal and county permits within
months of effective date of agreement. Necessary
repairs to be commenced within 6 months of
issuance of state, federal and county permits with no
lapses in perm -its attributable to the applicant,
otherwise the development agreement is voidable at
the sole option of the County at a public hearing of
the Board of County Commissioners. Necessary
repairs to be completed within 2 }rears from issuance
of state, federal and county permits.
Deemed unsafe by County Code
Apply for state, federal and county permits within
months of effective date of agreement. Necessary
repairs to be commenced within 6 months of
issuance of state, federal and county permits with no
lapses in permits attributable to the applicant,
otherwise the development agreement is voidable at
the sole option of the County at a public hearing of
the Board of County Commissioners. Necessary
repairs to be completed within 2 years from issuance
of state, federal and county permits.
Deemed unsafe by County Code
Apply for state, federal and county permits within
months of effective date of agreement. Necessary
repairs to be commenced within 6 months of
issuance of state, federal and county permits with no
lapses In permits attributable to the applicant,
otherwise the development agreement is voidable at
the sole option of the County at a public hearing of
the Board of County Commissioners. Necessary
repairs to be completed within 2 years from issuance
of state, federal and county permits.
Dock# 2041980
BkO 2756 PgN 2034
Install additional piers
an landward and
1 Sale waterw rd sides to
anchor dock
Install additional piers
1 Safe on landward and
waterward sides to
anchor dock
Install piers, beats,
15 Unsafe stringers and 2x
decking
Page 8 of 24
Deemed unsafe by County Code
Apply for Mate, federal and county permits within 6
months of effective date of agreement. Necessary
repairs to be commenced within 6 months of
issuance of Mate, federal and county permits with no
lapses in permits attributable to the applicant,
otherwise the development agreement is voidable at
the sole option of the County at a public hearing of
the Board of County Commissioners. Necessary
repairs to be completed within 2 years from issuance
of state, federal and county permits.
Deemed unsafe by County Code
Apply for state, federal and county permits within
months of effective elate of agreement. Necessary
repairs to be commenced within 6 months of
issuance of state, federal and county permits with no
lapses in permits attributable to the applicant,
otherwise the development agreement is voidable at
the sole option of the County at a public hearing of
the Board of County Commissioners. Necessary
repairs to be completed within 2 years from issuance
of state, federal and county permits.
Deemed unsafe by County Code
Apply for demolition permit and demolish within 2
months of effective date of agreement.
Unsafe should not be used.
Doc# 2041980
Bk# 2756 P9# 1035
1 III. AGREEMENT REQUIREMENTS
2
3 A. Recitals. The recitals explaining the intent and purpose of the project as set forth in the
4 preceding clauses are incorporated herein and form a material part of this Agreement. The
5 Parties recognize the binding effect of Florida Statutes Sections 163.3220-163.3243, as to the
form and content of this Agreement and in accordance therewith set forth and agree to the
7 following.
S
9 B. Legal Description and Ownership. The legal descriptions for the Properties subject to this
10 Agreement are set forth in Exhibits 2 and 5.
11
12 C. Duration of Agreement. This Agreement shall remain 1n effect for ten 10 years from the
13 "Effective Date" as defined herein, and may be extended by mutual consent of the Parties
14 and approval at a public hearing, in accordance with Section 1 3.322, Florida Statutes. For
15 the duration of this Agreement, the Parties agree that any development shall comply with and
16 be controlled by this Agreement, the Monroe County Code, and the Monroe County
17 Comprehensive Plan governing the development of land In effect on the date of execution of
18 this Agreement, in accordance with Section 1 3.322, Florida Statutes.
19
20 D. Permitted Uses.
21
22 1. The Properties currently have a M1 Land Use(Zoning) District designation and a
23 corresponding Mixed Use/Commercial M Future Land Use Map designation.
24
25 a. In accordance with this Agreement and with the MC Future Land Use Map
26 category, as set forth in Monroe County Comprehensive Plan Policy 101.4.5, the
27 permitted uses In the MC Future Land Use Map category include commercial retail;
28 office; employee housing; commercial apartments; maritime industry; light industrial;
29 commercial fishing; institutional, public, and transient and permanent residential
30 dwelling.
1
32 b. Policy 101.4.:
33 The principal purpose of the Mixed Use/ Commercial land use category is to
34 provide for the establishment of commercial land use (zoning) districts where
35 various types of commercial retail and office may be permitted at intensities
36 which are consistent with the community character and the natural environment.
37 Employee housing and commercial apartments are also permitted. In addition,
38 Mixed Use/Commercial land use districts are to establish and conserve areas of
39 mixed uses, which may include maritime industry, light industrial uses,
40 commercial fishing, transient and permanent residential, institutional, public, and
41 commercial retail uses.
42
43 This land use category is also intended to allow for the establishment of mixed
44 use development patterns, where appropriate. various types of residential and
4S non-residential uses may be permitted; however, heavy industrial uses and
46 similarly incompatible uses shall be prohibited. The County shall continue to tape
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1
a proactive role in encouraging the maintenance and enhancement of community
character and recreational and commercial working waterfronts.
4
In order to protect environmentally sensitive lands, the following development
controls shall apply to all hammocks, pinelands, and disturbed wetlands within
this land use category:
1. only loin intensity commercial uses shall be allowed;
2. a maxis um floor area ratio of o. 10 shall apply; and
. maximum net residential density shall be zero.
1
11
In order to preserve and promote recreational and commercial working waterfront
12
uses, as defined by 342.07, F.,., the following criteria shall apply to all lands
13
designated with the Maritime Industries III land use (zoning) district within this
14
land use category:
15
16
1. When a mixture of uses is proposed for parcels designated as MI land use
17
(zoning) district, working waterfront and water dependent uses, such as
18
marina, fish house/market, goat repair, boat building, boat storage, or other
19
similar uses but excluding transient uses, shall be preserved by maintaining
20
a minimum of % of the upland area of the property for those uses.
1
2. Parcels within the M1 zoning district that have existing wet slips shall
22
preserve at least 20% of the wet slips for vessels involved with recreational
3
and commercial working waterfront uses, excluding live -aboard vessels
24
solely used as a residence and not for navigation.
5
3. Parcels within the M1 zoning district creating new wet slips shall preserve
26
at least 10% of the wet slips for vessels involved with recreational and
27
commercial working waterfront uses, excluding live -aboard vessels solely
28
used as a residence and not for navigation.
29
. The preservation of dockage for recreational and commercial working
in
30
waterfront uses shall be documented on the final development plan and shall
31
be a written condition of any permit approval.
32
5. For permanent residential development, parcels within the 1I1 zoning
33
district shall be limited to commercial apartments or employee housing.
34
Commercial apartment means an attached or detached residential dwelling
35
unit located on the same parcel of land as a nonresidential use that is
36
intended to serve as permanent housing for the owner or employees of that
37
nonresidential use. The terra does not include a tourist housing use or
38
vacation rental use.
39
6. The preservation of a public access walkway shall be required for all
40
parcels with direct access to the water. Consideration shall be given to
41
security and the physical constraints of the parcel. The public access
42
walkway shall be documented on the final development plan to link a
43
continuous walkway and shall be a written condition of any permit approval.
44
7. Parcels within the ICI zoning district shall be limited to commercial retail
45
uses of less than 5,000 square feet of floor area.
4
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I c. In accordance with this Agreement and with the I II Land Use (Zoning) District, as set
2 forth in Monroe County Code Section 130- 5, and in compliance with other
provisions of the Code, the permitted uses in the M1 Land Use (Zoning) District
include boat building, repair and storage; commercial fishing; commercial retail uses;
5 commercial retail; hotels; marinas; and accessory uses.
7 d. Code Section 130-5 provides, In pertinent part:
(a) The following uses are permitted as of right in the maritime industries district:
9 1 Boat building, repair and storage;
10 2 Commercial retail uses of less than 5,000 square feet of floor area;
11 3 office uses ofless than 5,000 square feet of floor area;
1 (4) Light and heavy industrial uses;
1 5 Commercial apartments involving less than six dwelling units, but tourist
14 housing uses, vacation rental use, of commercial apartments is prohibited;
1Commercial fishing;
16 ( Manufacture, assembly, repair, maintenance and storage of traps, nets and
17 other fishing equipment,
1 Institutional uses;
19 Public buildings and uses;
2 10 Accessory Uses;
21 1 1 Vacation rental use of any nonconforming dwelling units if a special
22 vacation rental permit is obtained under the regulations established in
23 section 14-1
24 12Replacement nt of an existing antenna -supporting structure pursuant to
5 section 14 -5(2);
26 13 Collocations on existing antenna -supporting structures, pursuant to
7 section 14 -5 3 ;
28 14 Attached wireless communications facilities, as accessory uses, pursuant
9 to section 14-54;
0 (15) Stealth wireless communications facilities, as accessory uses, pursuant
1 to section 14--; and
2 (1 Satellite earth stations, as accessory uses, pursuant to section 14-5.
33
4 b) The following uses are permitted as minor conditional uses in the maritime
5 industries district, subject to the standards and procedures set forth in chapter 110,
6 article III:
7 (1) CCommercial apartments involving more than six dwelling units,,
38 provided that:
39 . The hours of operation of the commercial uses proposed in
40 conjunction with the apartments are compatible with residential
41 uses;
42 b. Access to U..1 is by way of:
43 1. An existing curb cut;
44 2. A signalized intersection; or
45 3, A curb cut that is separated from any other curb cut on
46 the same side of U. S .1 by at least 400 feet;
Page I of 24
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c. Tourist housing uses, including vacation rental use of
commercial apartments is prohibited;
2 Hotels of fewer than 50 rooms, provided that:
. The use is compatible with established land uses in the
immediate vicinity; and
b. One or more of the following amenities are available to guests:
1. Swimming pool;
2. Marina; and
. Tennis courts;
New antenna -supporting structures, pursuant to section 1 4-5 1 .
e The following uses are permitted as major conditional uses in the maritime
industries district, subject to the standards and procedures set forth in chapter 110,
article III:
1 Hotels providing 50 or more rooms, provided that:
a. The hotel has restaurant facilities on or adjacent to the premises;
and
b. Access to U.S. 1 is by way of:
1. An existing curb cut;
. A signalized intersection; or
3. A curb cut that is separated from any other curb cut on
the same side of U.S. 1 by at least 400 feet;
2 Marinas, provided that:
. The parcel proposed for development has access to water at least
four feet below mean sea level at mean low tide;
b. The sale of goads and services is limited to fuel, food, boating,
diving and sport fishing products.
c. All outside storage areas are screened from adjacent uses by
solid fence, wall or hedge at least six feet in height; and
d. Each nonwaterside perimeter setback of the parcel proposed for
development must have a class C buffery rd within a side yard
setback of ten feet;
3 1ariculture, provided that:
a. The use is compatible with land uses established in the
immediate vicinity of the parcel proposed for development;
b. The parcel proposed for development is separated from any
established residential uses by at least a class C buferyard; and
c. All outside storage areas are screened from adjacent uses by a
solid fence# wall or hedge at least six feet in height;
4) Land use overlays A, E, Ply, subject to the provisions of article Iv of
this chapter;
) wastewater treatment facilities and wastewater treatment collection
systems serving uses located in any land use district, provided that:
a. The wastewater treatment facility and wastewater treatment
collection systems are in compliance with all federal, state, and
local requirements;
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b. The wastewater treatment facility, wastewater treatment
collection systems and accessory uses shall be screened by
structures designed to be architecturally consistent with the
character of the surrounding community and minimize the impact
of any outdoor storage, temporary or permanent; and
c. In addition to any district boundary buffers set forth in chapter
1141 Article IV, a planting bed, eight feet in width, to be measured
perpendicular to the exterior of the screening structure shall be
established with the following:
• f f
e. The height of any new or substantially improved structure associated with the
redevelopment of the Bernstein Property shall not exceed 35 feet, except as provided
in Monroe County Code, as amended.
E. Public Facilities.
1. The Florida Keys Aqueduct Authority provides domestic potable water to the Properties.
Excluding existing development that may already be metered, the Florida Keys Aqueduct
Authority will meter any new development.
. Keys Energy Services provides electric service to the Properties. Excluding existing
development that may already be metered, Keys Energy Services will meter any new
development. In addition, excluding existing development that may already be metered,
Keys Energy Services will meter other types of development accordingly.
. Solid waste service is provided to each property by a solid waste collection system
franchised by Monroe County.
4. The Properties are connected to central sewer via Kw resort Utilities Corp.'s system.
F. Reservation or Dedication of Ind. This agreement does not entail the reservation or
dedication of land.
G. Development. Allowed. The following specific criteria are those which will guide
development of the Properties, and are standards by which any further approvals shall be
measured and shall be as follows:
a. The Bernstein Property consists of 1.14 gross acres consisting of 9.52 acres of
upland and 9.63 acres of submerged land
b. Provided such development can be designed and approved by all applicable regulations
and cumulative density/intensity provisions, including but not limited to the Monroe
County Comprehensive Plan, Monroe County Code and Florida Building Code, the
Properties are permitted to develop the following buildings, facilities and structures
on the Bernstein Property pursuant to this Agreement:
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i. Up to and including one hundred twenty two 122) hotel rooms to be developed
into a hotel.
iiA restaurant with up to 150 seats and up to 4,000 square feet of floor area.
iii. Up to Forty Thousand 0,000) square feet of non-residential floor area.
iv. Additional amenities ancillary and accessory to the hotel use, including a lobby,
gatehouse, offices, fitness center, bath house, maintenance, and housekeeping
consisting of up to 1,0 square feet.
. Parking areas and landscaping
vi. Public access is permitted to the Bernstein Property from 7:00 a.m. until dusk and
the Bernstein Property is subject to a 10 foot public access walkway along the
shoreline and 5 foot sidewalk along the perimeter compliant with County Code all as
depicted on Exhibit 9.
vii. At a minimum, at least 1.30 upland acres of the Bernstein Property must be
preserved for Traditional working waterfront [uses, pursuant to Policy 10 1..5:
(a) at least % of the existing wet slips shall be preserved for vessels involved
with recreational and commercial working waterfront uses, excluding live -aboard
vessels solely used as a residence and not for navigation.
(b) at least 10% of the new wet slips shall be preserved for vessels involved with
recreational and commercial working waterfront uses, excluding live -aboard
vessels solely used as a residence and not for navigation.
the preservation of dockage for recreational and commercial working
waterfront uses shall be documented on the final development plan and shall be a
written condition of any permit approval.
d Permanent residential development shall be limited to commercial apartments
or employee housing.
e) The preservation of a public access walkway shall be required for all panels
with direct access to the water. Consideration shall be given to security and the
physical constraints of the parcel. The public access walkway shall be
documented on the final development plan to link a continuous walkway and shall
be a written condition of any permit approval.
f) Parcels shall be limited to commercial retail uses of less than 5,000 square feet
of floor area.
c. The Safe Harbor Seafood Property consists of 4.72 gross acres consisting of 3.11
acres of upland and 1.61 acres of submerged land.
d. Provided such development can be designed and approved by all applicable
regulations and cumulative density/intensity provisions, including but not limited to
the Monroe County Comprehensive Plan, Monroe County Code and Florida Building
Page 14 of 24
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B N 2756 P9N 1041
1 Code, the Properties are permitted to develop the following buildings, facilities and
2 structures on the Safe Harbor Seafood Property pursuant to this Agreement:
4 i . All 3.11 upland acres shall be developed and used for Traditional Working
5 waterfront Uses, pursuant to Policy 101..5:
5
(a) at least 0% of the existing wet slips shall be preserved for vessels involved
with recreational and commercial working waterfront uses, excluding live -aboard
0 vessels solely used as a residence and not for navigation.
10 b at least 10% of the new wet slips shall be preserved for vessels involved with
11 recreational and commercial working waterfront uses, excluding live -aboard
12 vessels solely used as a residence and not for navigation.
13 c the preservation of dockage for commercial working waterfront uses shall be
14 documented on the final development plan and shall be a written condition of any
15 permit approval.
15 d Permanent residential development shall be limited to commercial apartments
17 or employee lousing.
1 The preservation of a public access walkway .shall be required for all parcels
10 with direct access to the water. Consideration shall be given to security and the
20 physical constraints of the parcel. The public access walkway shall be
21 documented on the final development plan to link a continuous walkway and shall
22 be a written condition of any permit approval.
23 f Parcels shall be limited to commercial retail uses of less than 5,000 square feet
4 of floor area.
2
26 ii. The Safe Harbor Seafood Property is currently used for commercial fishing uses.
27 After consideration of the security and physical constraints of the parcel, Monroe
28 County BOCC has determined a public access walkway shall not be required on
29 the Safe Harbor Seafood Property so long as it is used 100% for commercial
30 fishing hin uses, including, but not limited to, operating a fish house. Through the
31 Conditional Use and site plan approval process for these properties, consideration
32 of alternative options for a walkway 5 foot sidewalk) shall be given to the
33 Properties, as shown on Exhibit 9. If the Safe Harbor Seafood Property changes
34 from a commercial fishing use to another working waterfront use, the property
35 shall require a public access walkway, unless a specific finding is made by
35 Monroe County BOCC that the proposed use's security and the physical
7 constraints of the parcel limit the public access walkway.
38
39 H. Required Permits. The following list of all development permits approved or needed to be
40 approved for the redevelopment of the Properties, as specified in this Agreement:
41
42 a, one 1 year timefrar e for demolition permits for the elimination of all unsafe and/or
43 unperrnitted upland .structures existing as of the Effective Date or building permits, as
4 necessary, to bring the .structures existing as of the Effective mate into compliance.
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1 b. All required Federal., State, and Monroe County permits for the demolition, repair or
2 redevelopment of unsafe and/or unperrnitted docking facilities as specified in section
3 II.E. of this agreement.
4 c. Conditional Use Approval and Building Permits will be required for the development of
5 the Properties into a hotel or any other conditional use permitted under Monroe ounty's
6 Land Development Regulations. The development shall be consistent with all applicable
codes, including but not limited to the Monroe County Comprehensive Plan and Monroe
County Code. Prior to issuance of any conditional use approval and associated building
9 permits for the hotel use, the Properties shall have addressed all code compliance issues
10 existing as of the Effective Date.
11 d. pursuant to the requirement of a public access walkway for all parcels with direct access
12 to the water in Policy 101.4.5 of the Comprehensive Plan, through the Conditional Use
13 and site plan approval process, consideration of alternative options for a walkway shall be
14 given to the Properties, as shorn on Exhibit 9. Alternate options shall be provided for
15 the Safe Harbor Seafood Property with security and physical constraints which impact the
16 property being used 100% as a commercial fishing use. As used in this agreement,
1 "Commercial fishing use" means any type of activity conducted on land, requiring the
18 location or storage of commercial fishing equipment such as fishing vessels, fishing gear,
19 docks, piers, loading areas, landing areas, and cold storage facilities, including any
20 activity necessary to prepare finfish or shellfish for refrigeration. If the use of the
21 property, shown 1n Exhibit 9, with the physical constrains is changed from commercial
22 fishing to another working waterfront use, a public access walkway shall be installed as
23 approved through a conditional use approvals and building permits, unless a specific
24 finding is made by Monroe County that the proposed uses security and the physical
26 constraints of the parcel limit the public access walkway.
26
27 I. Military Installation Area of Impact. The Properties acknowledges and understands the
28 Property and proposed development is within the Military Installation Area of Impact.
29 overlay as defined by the Monroe County Comprehensive Plan. The Properties are located
30 in the 60 — 64 INL (Day -Night Average Sound Level) noise contours pursuant to the 2013
31 Davy Final Environmental Impact Statement. while not within a 65 T NL Noise Zone or
32 greater, the Properties agree to sound attenuate all habitable buildings and shall strive to
3 achieve an outdoor to indoor poise Level Reduction Level NLI of at least 25 decibels.
34 Normal permanent construction can be expected to provide a NLR of 20 dB.
3
36 J. Finding of Consistency. By entering into this Agreement, Monroe County finds that the
37 development permitted or proposed herein is consistent with the Monroe County
38 Comprehensive Plan and Monroe County Code.
39
40 K. Breach, Amendment, Enforcement., and Termination.
41
42 a. Material Breach: A material breach by the Parties is the failure of any Party to
43 comply with the terms of this Agreement after Notice as provided herein.
44
46 b. Notice: Upon any Part.y's material breach of the terms and conditions of this
46 Agreement, the nor -breaching Party shall serve written Notice of the breach upon the
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breaching Party pursuant to the procedure established in this Agreement and shall
provide the opportunity, within ninety 0 days of the date such Notice is served, to
propose a method of fulfilling the Agreement's terms and conditions or curing the
breach. The breaching Party shall be provided an additional ninety days to cure
the material breach or to negotiate an amendment to this Agreement within a
reasonable time, as mutually agreed to by the Parties. This Agreement is not subject
to arbitration and must be amended in accordance with the statutory requirements.
This notice provision sloes not apply to sections ILE. and III. .c.iii. which contains
its own, .separate process for the County to declare this Agreement void.
c. Amendment or Termination: The Parties hereto shall at all times adhere to the
terms and conditions of this Agreement. Amendment, termination, extension, or
revocation of this Agreement shall be made in accordance with the notification and
procedural requirements set forth herein.
i. Amendments to this Agreement shall subject Parties to the laws and policies in
effect at the time of the amendment only if the conditions of Section 1 3.3233 2 ,
Florida Statutes, are met.
ii. No modifications, extensions, amendments, or alterations of the terms or
conditions contained herein shall be effective unless contained in a written
document ument approved and executed by the Parties.
ill. Amendment, extension or termination shall require at least two 2 public
hearings. The hearings shall be held pursuant to an application filed with Monroe
County by the Party seeping to amend or terminate this Agreement, along with the
requisite filing fee. Notice of public hearing shall be in accordance with Monroe
County ordinances and Florida Statutes.
iv. If the terms of the compliance schedule are not met, the development agreement
shall be voidable at the sole option of the County at a public hearing of the Board
of County Commissioners.
d. Enforcement:
i. After notice and an opportunity to respond anchor cure the material breach as
provided for below. In addition, Monroe County may utilize appropriate code
compliance remedies to cure any breach after notice or arising after the execution
of this Agreement and an opportunity to cure as provided herein. Pre-existing
code issues outlined in Section ILE. do not receive notice and an opportunity to
cure.
ii. Monroe County, the other Parties, their successors or assigns, or any aggrieved or
any adversely affected person as defined in Section 1 3.21 2, Florida Statutes,
may file an action for injunctive relief in the Circuit Court of Monroe County to
Page 17 of 24
DocN 2041980
BkV 2756 P9M 1044
1 enforce the terms of this Agreement or to challenge compliance with the
2 provisions of Sections 163.3243, Florida Statutes.
3
4 M. Nothing contained herein shall limit any other powers, rights, or remedies that
5 either party has, or may have in the future, to enforce the terms of this Agreement.
6
L. Binning Effect of Agreement. The covenants, agreements, and obligations herein contained,
except as herein otherwise specifically provided, shall extend to, hind and inure to the benefit
of the Parties hereto and their respective personal representatives, heirs, successors and
10 assigns.
11
12 M. State and Federal Law, If State or Federal laws enacted after the effective date of this
13 Agreement preclude either Party's compliance with the terms of this Agreement., this
14 agreement shall be modified as is necessary to comply with the relevant State or Federal
15 Laws.
16
17 N. Compliance with Other Laws. The failure of this Agreement to address a particular permit.,
18 condition, term,+ or restriction shall not relieve the Parties of the necessity of complying with
19 the laws governing said permitting requirements, conditions, terms or restrictions.
20
21 0. Reservation of Rights. This Agreement shall not affect any rights, which may have accrued
22 to any party to this Agreement under applicable law. The Parties reserve any and all such
23 rights. All approvals referenced in this Agreement are subordinate to compliance with all
24 applicable laws, codes, and land development regulations and permits, except to the extent
25 otherwise provided for in this Agreement.
26
27 P. No Permit. This Agreement is not and shall not be construed as a Development Permit,
28 Development Approval or authorization to commence development, nor shall it relieve the
29 Parties other than Monroe County of the obligations to obtain necessary .Development
30 Approvals that are required under applicable law and under and pursuant to the terms of this
1 Agreement and Monroe County Code.
2
33 Q. Good Faith; Further Assurances; to Cost. The Parties to this Agreement have negotiated
34 in good faith. It is the intent and agreement of the Parties that they shall cooperate with each
35 other in good faith to effectuate the purposes and intent of, and to satisfy their obligations
36 under, this Agreement in order to secure themselves the mutual benefits created under this
37 Agreement. The Parties agree to execute such further documents as may be reasonably
38 necessary to effectuate the provisions of this Agreement; provided that the foregoing shall In
39 no way be deemed to inhibit, restrict or require the exercise of Monroe aunty's police
40 power or actions of Monroe County when acting in a quasi-judicial capacity. Wherever in
41 this Agreement a provision requires cooperation, good faith or similar effort to be undertaken
42 at no cost to a party, the party co-operating, reviewing or undertaking the effort shall,
43 nonetheless, bear its cost of attendance at meetings, hearings, or proceedings and comment
44 and/or execution of documents, inclusive of the expense of its counsel.
45
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R. Successors and Assign. This Agreement shall constitute a covenant running with the land,
which shall be binding upon the Parties hereto, their successors in interest, heirs, assigns, and
personal representatives.
S. ,point Preparation. This Agreement has been drafted with the participation ofthe Parties
and their counsel, and shall not be construed against any party on account of draftsmanship.
The captions of each article, section and subsection contained in this Agreement are fore ease
of reference only and shall not affect the interpretational meaning of this Agreement.
Whenever the terra "included" is used in this Agreement, it shall mean that the included
items, or terms are included without limitation as to any other items or terms, which may fall
within the listed category.
T. lice. All notices, demands, requests or replies provided for or permitted by this
Agreement shall be In writing and may be delivered by any one of the following methods: a
by personal delivery; b by deposit with the United States Postal Service as Certified or
Registered mail, return receipt requested, postage prepaid, to the addresses stated below; or
(c) by deposit with an overnight express delivery service with proof of receipt to the
addresses stated below. Notice shall be deemed effective upon receipt. For purposes of
notice, demand,, request, or replies:
The address of Monroe County shall be:
County Administrator
1 100 Simonton Street
Room 2-205
Key Nest, Florida 33040
And a copy to:
Robert Shillinger, Esq.
County Attorney
PO Box 1026
Ivey west, Florida 33041
and
1 111 12th Street, Suite 408
Ivey west, Florida 3304
The address of Bernstein Trust shall be:
o Roger Bernstein, Esq.
P.O. Box 14423
Coral Cables, FL 331 14-423
And a copy to:
Barton W. Smith, Esq.
Smith oropeza, P.L.
Page 19 of 24
DocM 2041980
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1 13 - 142 Simonton Street
2 Key West, Florida 33040
3
4 The address of Safe Harbor Seafood shall be:
5
o Ricardo Diaz, MGR
7 1025 1 ch Terrace
Key west, FL 3304
10 And a copy to:
11
12 Erica Hughes -Sterling, Esq.
13 SP TTSWOO , SPOTTSWOOD & SP TTSW OD
14 500 Fleming Street
15 Key West, FL 3340
15
12 It is the responsibility of the Parties to promptly notify all other Parties of any change In
18 name or address for receipt of notice, demand, request, or replies.
1
20 U. Force Majenre. Any prevention, delay or stoppage due to strikes, lockouts, labor disputes,
21 acts of God, inability to obtain labor or materials or reasonable substitutes therefore, riot,
22 civil commotion, fire or other casualty and other causes beyond the reasonable control of the
23 party obligated to perform, excluding the financial inability of such party to perform and
24 excluding delays resulting from appeals or rehearing, shall excuse the performance by such
5 party for a period equal to any such period of prevention, delay or stoppage. In order to avail
26 itself of this force majeure provision, the party invoking the same shall provide the other
27 party with a written notice that shall consist of a recitation of all events that constitute force
28 rnajeure events under this Section, together with the beginning and ending dates of such
29 events.
30
31 V. Construction. This Agreement shall be construed in accordance with the laws of the State of
32 Florida. The Parties to this Agreement have participated fully in the negotiation and
33 preparation hereof; and, accordingly, this Agreement shall not be more strictly construed
34 against any one of the Parties hereto. In construing this Agreement, the use of any gender
35 .shall include every other and all genders, and captions and section and paragraph headings
36 shall be disregarded. All of the exhibits attached to this Agreement are incorporated in, and
37 made a part of, this Agreement.
38
39 W. Omission. The Parties hereto recognize and agree that the failure of this Agreement to
40 address a particular permit, condition, terns or restriction shall not relieve either Party of the
41 necessity of complying with the law governing said permitting requirements, conditions,
42 terra, or restriction notwithstanding any such omission.
4
44 X. Jurisdiction and Governing Law. The Parties hereto agree that any and all suits or actions
45 at lave shall be brought in Monroe County, Florida and no other Jurisdiction. This Agreement
46 shall be construed and interpreted under the laves of the State of Florida.
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Y. Attorney's Fees and Costs. The Parties 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
attorney's fees, court costs, as an award against the non -prevailing party, and shall include
ttorn's fees, courts costs, in appellate proceedings. 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.
Z. Time of Essence. Time shall be of the essence for each and every provision of this
Agreement.
. Entire Agreement. This Agreement, together with the documents referenced herein,
constitute the entire agreement and understanding among the Parties with respect to the
subject matter hereof, and there are no other agreements, representations or warranties other
than as set forth herein. This Agreement may not be changed, altered or modified except by
an instrument in writing signed by the Party against whore enforcement of .such change
would be sought and subject to the requirements for the amendment of development
agreements in the Act.
BB. Counterparts. This Agreement may be executed in one or more counterparts, and by
different Parties hereto in separate counterparts, each of which when executed shall be
deemed an original but all which taken together constitute one and the same agreement.
. Recording. Monroe County shall record this Agreement with the Clerk of the Circuit Court
of Monroe County within fourteen 14 days following signature by all Parties. Bernstein
Trust agrees that it shall be responsible for all recording fees and other related fees and costs
related to the recording and delivery of this Agreement as described in this section. The
provisions hereof shall remain in full farce and effect during the term provided herein and
shall be binding upon all successors in interest to the Parties to this Agreement.
. Conflicting resolutions. All resolutions or harts thereof in conflict with the provisions of
this Agreement and its resolution are hereby repealed to the extent of such conflict.
EE. Severability. If any part of this Agreement is contrary to, prohibited by, or deemed invalid
under any applicable law or regulation, such provisions shall be inapplicable and deemed
omitted to the extent so contrary, prohibited, or invalid; however, the remainder of the
Agreement shall not be invalidated thereby and shall be given full force and effect as if the
contrary, prohibited, or invalid provision was never a part hereof.
Iv. Effective Date. The "Effective Date" of this Agreement is forty-five 4 days after the duly
signed and recorded Agreement is received by the Florida Department of Economic
Opportunity pursuant to Chapter 380, Florida Statutes, and if appealed, the elate the appeal is
resolved.
Page 21 of 24
DocU 20180
[Balance of this pagre intentionally eft blank si_gnature page to follow
Page 22 of 24
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DacN 2041980
6kO 2756 PgN 1049
IN WITNESS WHEREOF the Parties hereto have set their hands and seals on the day and year
hIMIAW urritt#%n
SAFE HAMOR SEAFOOD LL
Title: t4a naqcr
Date: Ju I v 10, 201,5
The foregoing instrument was acknowledged before one on this � dad4— t
2015, by Ricardo Diaz, Manager of Safe Harbor Seafood, LL . He is personally known Vo me
and did not take an oath. LN141 II 1 fp
at�r
*�. •
WARY E.TURS
rn
Rl-
!Girt S TA��- '�
�
M1111111
Page 23 Of ` 24
Bk# 275E Pg# 1050
1
2
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8
1
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1
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14
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23
Benian *n Bernstein 'Trust
Date:
f
The rare instrument was acknowledged re me on this 9 dayof
14, by Roger Bernstein, the Trustee of the Benj arrrin Bernstein Trust B. He i personally
known to me and did not take an oath.
•BApBARA .aCOMELL
dF MY COMMISSION # FF 158337
EXPIRES: October 13, 018
BwW Thru eu*t Notary Serkes
T
r Y HEAVIELK, CLERK MONR E COUNTY BOARD OF
COUNTY COMMSIONEW
0 L'�L
r K MAYOR
Page 24 of 24
MONROE COUNTY ATTORNEY
PROVED A FORM:
EVEN T. WILLIAM
ASSISTANTPOJUNTY ATTORNEY
Date
Dock# 2041980
Bk # 2756 Pg# 1051
� 1
. 14.t *� ��
HB lT 5
r
�Q tMPRUMATIVESI D tp
* i
ila X � * e eouted the n
19 7 bet la" � TZZN and Gam` , XZMf
ftramal Itep=eentativen of t Mst&tg of a Big tei
oar ed, ■ the t o the irst part
r
hh Wtf of the fAxse part, pU%MU;Mnjt to the provisions
taLM4 in the iLl of h amin go i . admittedto prelate
00 U s if 3l rants r harga r'p .1011SIP & eVA 1, r s # lsasaa #
of Shik ■end �, b i have
Mad bwaigne formMr. the real property In brae eOrit a riftida,
r+orel Or land an Stack 1s:Jand and beJLttq a pArt WE 81 '
55
Of Owald's Plat Of Stoic leand at d n Plat R
o ■ f of "0 � c gels of amrm sty, to da ,
nd
=q 14iso , a Mt Of 4Mb80rgeA ids 6 descri in To I* It, �.
umbe JLS 1374NAt AIL Of whiff ,in dazarlbed move pmrtieaXprl
bYnot** and b*ids as fcLjLCRm g
at the Latervactlon of Southerly r g t moray bolds
ry
ML'ndOfnth hve us with the westerly rlght-0 -*W&
3402 Of Prot test i thence 800thOOSWardly % and 4kUml the
NgaftclY right-wofiftwor boundary fine of rzMt tm*t a distance
Of 140*5 Soot to the PuLnt of beginnEng of the P& of land
her*14 beiny d4mribedj thencm alcmg-afolvueld right-of-w&y
Une &mth 4 dellreas 13 nUU0 30 640mas rest a
diatar Of 1d - fast t a Point i thsuc+e south 3R
Alta o se "do �1#at, a dis nee of 3 . 0 feat to a apt;
them cmt■h 70 dagama 27 crate# g a� mat s �t r■Ree
f ��.*ofist a �� � �� �IDr� ggg's � IS w1mum
Stancm of 334o66 f"t to ointea ce
Orth a a# 08 DUten ld seronda R"t �a� �
st�495*00
nt# thence Worth 5 degree* 33 nu e: B soda &Uf
ALf 340 * 04 That to o ink I thm North 33 &q r"g
21 ctSt" lg dew st*■ a st*ncw of dTfl t
thence south 47 � to # point
�"e. ce st � i3 ALinutas rtse s bast# a staeor of
th&nca Month 4 da r s 46 minutes f -
a�+ds joeat# a dC Of 12S*O fast to a'
c talaing 7 w 8 . , Nora or less ■ it o a e3o+
r
■
TDGMMR With all and iquiar the tame, leer"itaft
xMts aad app=tonances belonginW or in seyviza appertaining to
that Mal p `'o t'"t a
TO HAVE AND TO HOLD the a&=& t& the p>y of t! 1peconc,
Part, hill hags a•d aasigns r in tea simple forever,it
,
MW the pafty Of the first
rtY of tho second part, hsr heirs and assigns l. that in all
thlogs Prellveinary to and in and about the Salo and this cWve ..
once the orders of the ahovew amd court and t o pow r of sale
contained In the dill and tho lays 04 rlorLda have been followed
and :lied with is all re:r-ectsa
EXHIBIT 7 w Instruments Evidencing wn r hi
p of Bernstein Property
Doc# 2041980
BkN 2756 P ## 1052
i
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ZM WITH S8 WRCM '. the party ot the firm pairtp .,%s
.
e so'#!l Rlgrax*nt&tA%PQG of tho Ratatoo. Benjamin Ba nta i n,
•
■
.
j
Dv aaaede, have set thelr hands and ;solo an the day and year
*-■
fin4tt afro wi ton .
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COMM or 0Mi ■ r
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[ri '&AY
� CCW%n that an this da -j o biros me, as OULces
in
a �■
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Aut a xed In the hate a faresald and' tba� �J0;afore-
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saidto a �l nts , P So a a M D8M
�n
'ar
•';' �,.; ■ .r, . ■
to no -to be tha person dawrib d and a rho execut*d the
+i; + ■
ereveY tV and sckncow1*dqad betowt Me that h a e d
�� � ■iRT
;� ■i ,, y#.
R
r WITM3 m ■ thanes and official Seal in the County Md StAte
Yam' i
Intl arcrapaid this day Of
# r` a
llotary PUbJ.L4C
,■ y }. r
state of -Florida at m � �
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X2 Of CE FY that an this day bof*r* M Offlftr
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dully euthariwd In the State aforesaid and In the County a fore-
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a*,r i ■�,■■'* �
MaLd to toke a d ,, oAall &Maxed 1 R HE
* * a ■ r � R�4
+ ar r
K to me mwn to b th Per des d WM
*
*=cutsd the face qinstrument m4 aaflawledged before Wo
4WEO r. �+ ■f■1
# that he GaRmted CrSAIM66
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f yR # ■ r■ f � t�F � � r�
"L' SiS ul hmd and of EicLal seal in th* County jmd Rt V
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State of r1orida at Lama
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This inattUMUL Pared by:Ro"
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♦ # ■
Mania Florida 33131
(3051 37- 1d0
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EXHIBIT I - Instruments Evidencing Ownership of Bernstein Property
Dock 2041980
. 1
. 'Ira WIM
VWT
To The Trustees Of Tx=tR fUn4er The will of ogniaxin bermteLn,
0ensedt
f
h pO dlook 55 r of the P ate of a o k ZaUmdr an recorded Ln '
Plat 60ck It P 5 Of bbs PubliC cO rd■ of rds County,
Pl r i da d a ticalarl des ri d #s olums t is ioir
at thehtftftearlon of this scuthwentgrly
Ftat d the SO'u�►tas�C3. rtft gray lice of
A1�`�l�I�e of the s#�. Plotat ate"*Zo l��Rd b��� POt�
i 13 elllutr a asd 30 x#c ds Cast along the southwesterlyr47 r0%� �
9-n
gray line of Pm"t street, for dla an a of 130, 00 feet a ap9 b
whLch is the Paint of 0e9ib is e Continue tWmae soatA 47 dewl minutes and 3Q beo db Est s3� Sautes s cl ri a s
Ir Y 1i - f rftAt: Strest for a dlstsnem of 4j130.00. fast to a pmint,
tb§n c* bast` d uth 42der a # 47 nd nutes and 30 seconds Skit f6r
# di'NUBM Of' ZM AQ P t to a po nt j than b ibr forth 47 z
13 minutes and 30 sec ds West for a distance of Goo, 0 feat to
a Points thenca bear Naxth 43 deVmezg 47 minutom and 30 avem4s
st a distance of 175,200 f t bark to the Pair4t of 11eqiwark9l.
'teethes wLth all impaoemmis thereon, ' duo,
tract of land oR a V&Ct of Sty lslasd o Amrcm County, plori.da,
mW WMT iOr* PartICUUVIY dellrribed by etas and bound* as
follems 1 �O"V at the lata�-seot on tha 5eeatherly rigbtf '
Of -It P lire@ o PIP ]� qa and th■ �tecl right w� lid
all l th dt"Ot C the Plat of Stock Is recordedD"k l g ]Pagd r of 1s Public Ree rds ' t In flat
bear south t de reas d 6 minutes EaN t ly o i« � sts aa,
bear South 00 dews and 04 MiAutes West* 2242o25 festj tbance
bear Ruth 3 dagas md 36 rdass Bast, 2131&53 Poet j tboe
WAX NOCtA 05 da r d 04 elnot • Sant* 1921, 0 3 t to the
Port of 3"Innil
Of the tract of load hereinafter dencribedr
rcm said point d1 Deqlftninq bear South 70 degrees asd 30 minutes
West for a dlstasc'e of 1060 feetio mars or loan 1p to thg a terllua
of the fttranm Cha air tt em= bear north CS degans and 45 nin.
Estes Most alb the centorline of said F tranae Charnel for a •
distance of 12 its mra or lass# to a point I two■ bear North
03 degrees and di IKUUfts West for a dimuneo *9 475 fAwp mare
er lari-P to a point mblab is 70 feet and hearing ffomth og rasa
and 24 ainutus. Mwt faroffi tha Southerly sight -way Jim �o Iri th
dv"Oni tha bear sow 06 de and 4 tes lost for a
dL6t -of 400 P sip m OS � tO UW SOuthorly shoralI
Of $16ak 13, block 57 of the vlat of Stock lslandr thence wander
the abarojism In 4m Saste ri d ractioa for s distancef 1440
fsat, CM l�sss, to R- PC Me Whim IN bearing dah 0
and o tax st trap * jFc " , r at gaginninggl thsn
06 degrema and 04 ftnuteis best for a dj&L*ftcg of lob fast, aosv
or lesa , back t0 the Point of bola# ■n .
Less t: fallowing parcel of land Included in this legal dea-
a Peroel of land an Stock lslsod and being a part of Slack 55
Of Mcftuald4s VX&t of Stock Xsland at rem rdad io Plat Soak l
at Page 55 of the Public 1 as rda . o f onto* County, Flortfda and
Wing also a part 9f submrgsd lands dameritmd in T. r. 1. r.
a
&aid � t "C' i"Ir9Lit'�#, 6AfUFo4'■ 4 iuir1 siy 0 N i vi.* e, A-%r 4nf6i *f wR,AVt 1 a i * i * 'q 1 ■.• .'+1 Vaal .
. j
EXI�1 1T I - Instruments Evidencing Ownership of Bernstein Property
Doc# 2041980
Bit# 2756 PS# 1054
{
7Z me M
ds air 1g937-A, all of Whf is eecslbeParticularly
b sa ts� an booms ss fo11DWS x bo
�s et the 3�t6rse on Of aouthe l Lght-• O • a boundary 11Se of FDOrth ua W'th the oesterl r10 'Nof,-era b d
Una of t StT re and thence 9c0theastwardii in ainn the
sterly sight f ay boundary I1eo !of rrmt t"Ot a dilpt&nce
Cr 84110 ' feet W tho point of begirming Of the V&=61 of land
h ds bo 6escrlb i tkence along a forisa rlght�of a
e t a! ""0 u 47 demos A3 Wnute■ 30 soceeds MWt a
eet
a t seOOnds %oo . a distahce o 1* 7 feet to a int,
set
the W Smth 70 V*VM*s 7 Minutes 50 ft U Best 1, a drtssCe
Of 7 1.00 foot to a point, th �ro� egr s .r�vtna
# sanis
ds t� dtO of � � . #� ,feat to s A t � theoc
Worth 0 dsq�s 1 MLA uum to seconds tasty a �M
es
"Et to a POSAt# North 5 d gr r■ 33 minutes g0 asamde5,60
A $*arc* of 340# d4 test too lent l thence Worth de es to
31 ernes ld s�+�s ■to a d1st&Rce of 207&
g
thenca South 47 deg ss 14 mLnutes 30 saso s zssto.esa to
o pc ftatence o
179AS felt to ra Perot 1 thence North 42 degraes 46 utes 30
csaaWn Last, s dlst f 3.0 faet tc the Wat ob&qLnn1nV,
All of slack 54 * 811 of Lot 13 o #LOek 37 'and all of Slack 55 of
the p1&t of StockWand, as recorded n plst k I'm page SS of
the lc ftowft of Ne rve County. Fl0rlda, less tha 9011cwing
described tract in black 55:
caMencfcq at the '"SC89ftim Of the SOutJrrestOrl s ght�O r
'tin* of ftmt Street and the Mmth**vtorly :rjqhtmGff..W&y line o
Or h *vogue o ■ tbs "Id IOt Of Stock fsland, sa .d latersectl
also to be kcWft as the point of in of the t o lied
hereinafter dsd b bOas &Mth 4Vde `
son fast O 13 �1ls asd 30
siewdSt=Wt fcr a o Southwesterly �r y rl f ay Bile of rant
ISCOD feet tC O polbt, ftertem bear South
4 dr tuna t 47 minutes and 30 seconds West for a distance of
17 .00 feet to a pa nt t thence War Worth 4 �e 13 minutes
amd 30 &W ds Nest for a distimce of ASD#00 feet to Al point an
the X00th9AAt6WJLy right -of -Way Line of curt" Av"ug, rhea
ft
bear Worth 42 defi es, 47 Idnut&s ■t l 30 g4cands #set RL=q the
uthe tOrlg tight -of -way ay lire of Fourth i1r rnua for a distance
f 175,00 fOtt bao tO the F10int Of Seginairtgr l v
&11 lop Vownts ther*ono
t
,r f' M.
aR
WA 0
' ■L Yet
M
L d'
H1131T I - In #rum ntilvidencingwn r i" oWen46[nrr y
oc#t 2041980
I I l
Dod 1849209 08/26/2011 8:58AM
IN THE CIRCUIT COURT FOR MONROE COUNTY, Filed & Rcccrded in Official Records or
MONRX COUNTY DANNY L , KOLHAGE
FLORIDA PROBATE DIVISION
N RE: ESTATE OF
File No. 1 7 - P-0 -K
BENJAMIN BERNSTEIN,
Demised.
DOC# 1849209
W 2531 Pgp H26
PERSONAL REPRESENTATIVES" RELEASE
AND CERTIFICATEI W Iol F REAL L PROPERTY
multipte individual personal representatives)
The undersigned, JORDAN M. BERNS 'E I and ROGER M. BE I S'TEI , the surviving
Pe oral Representatives of the estate ofBENJ AM IN B ERNSTEN, , dec=4 hereby acknowledge
that all right, title and interest in and to certain real property located in Monroe County, Florida,
owned by the decedent at the time of death, and described as follows:
See legal description attached as Exhibit • I',
and represented by Property Appraiser's Parcel Identification Numbers 00127250-000000 and
0012370-000000, Alternate Key Numbers 1161462 and 1157911 respectively (the " ropertyll),
vested in the residuary trust known as Trig `` " under the will of Benjamin Bernstein, of whicJi
JORDAN M. B E NSTE IN and ROGER M. B ERN S TEI , P.O. Box 2455, Key best, Florida
045, are tho surviving 'trustees, by operation of law at the date of the decedents death as more
fully appears from the proceedings in the Circuit Court for Monroe County, Florida, Probate
Division, in File I9' -CP- -I , subject only to the ruts of'the Personal representatives undor
Sections 733.607 and 73 3.608of the Florida Probate Code to:
I . take possession or control of the Propel
. to use, sell, encumber or otherwise exercise control over the PrDp rt :
a. for the payment of devises, family allowance, elective share, estate and
inheritance taxes, claims, charges, and expenses of the administration and
obligations of the decedent's estate;
EXHIBIT I - Instruments Evidencing Ownership of Bemstein property
Doc## 2041980
BkU 2756 P9# 1056
Dad 1849209
Bd 2531 Pgq 2027
b. to enforce contribution and equalize advancement;
C. for distribution.
Fla,ving determined that the Property is net needed for any of the foregoing purposes, except
distribution, and that the Property should be released and distributed to aforesaid Trustees, the
Personal Representatives hereby release the Property from all rights and powers of the Personal
Representatives and acknowledge that the Property is vested in JORDAN M. BER STEIN and
ROGER M. BERNS'T EIN, as Trustees of Trust "B„ under the will of Benjamin l em tein, free of
all rights of the Personal Representatives.
IN W ITN ESS WHER EOF, the undersigned, as Personal Representatives ofthc estate, have
executed this instrument on 2011.
Executed in the pre of:
witness signat i'o
r
Pri t witness narne
Witness signature
Print witness name
Witness signature
V�� J+a�> E a-,&,
Print witness name
Witness si c
Print witness name
r
f
r
J DAN M. BERNSTEIN
dsJPersonal Representative of the Estate of
ENJAMIN BERNSTEIN, deceased
%an
. -----2
-e ) -47
Al
ROGER Nf. 6tRNSTtFN,
as Personal Representative of the Estate of
BENJAMIN BERNSTEIN, deceased
EXHIBIT I i Instruments Evidencing Ownership of Bernstein Property
STATE OF AFW JERSEY
COUNTY OF PQ�Ssai
c
Doc# 2041980
BkN 2756 Pga 2057
Docg 1849209
Bkq 2531 Pg# 2028
The foregoing instrument was acknowledged before me on n c 1 ,
AW
')0 11, by JORDAN M. BERNSTEIN as Personal Representative of tie estate of BEI JAMI
BE I STEW, deceased, who is persc)nally known to me �
or who produced U� as id ntifx ation,
j3(v6'2-'4;3- �9- t io -
My Commission Expires:
My Commission Number:
STAVE OF FLORIDA
IDA
COUNTY OF MIAMI-DAZ E
Notary Public, Mate of New Jersey
(Affix notarial seal)
AWLS
NOMY
aloof"MjWW
ExpOn Feb 26, 2015
The foregoing instrument was acknowledged before me 0,, 0 1
I
201 I, by ROGER M. BE STET as Personal Representative of the estate of BED` JAM' F
BE NSTEIN, deceased,
or who produced
who isersonall known to me -j�.
-- �~-� _ as identification.
�1
1
Notary Public, State VF1 da
(Affix notarialseal)
My Commission Expires: 'OTUY PUBU -STATE F .MO A
a�a algr
My Commission Number: �,}.
' : Cormm lion D 8 380
f .' pirm: APR. , 013
'txo ss"
This instt-ument prepared by; Margrit S. Bernstein, Esq.
The Bernstein Law Office, P.A.
300 Sevilla Avenue, Suite 310
Coral Gables, EL 33134
EXHIBIT 1 s. Instruments Evidencing Ownership of Bernstein Property
Dock# 2041980
Bic# 2756 Pq# 205
Dod 1849209
Bk# 2531 Pg4 2029
1 : ESTATE F
BENJAMIN BERNSTEW Case No. 1 73- F-0 6-K
Deceased
parcel of land on Stock Island and being a part of Block 55 o
McDonald" s Flat of Stock Island as reoorded in Flat look I at page
55 of the Public Records of Monroe County, Florida and being also
p&ft of submerged lands described in T. I. 1. F. deed number
1 3 7-A, all of which is des arc ed more particulariy by metes and
bounds as follows:
Commencing t the irate ect�on of southerly right-o f-way boundary
lire of Fourth Avenue with the westerly right-of-way boundary line
of Front Street; thence Southeastwardly in and along the westefly
right -of -war boundary line of Front Strut a distance of 840.5 feet to
the point of beginning of the parcel of laud herein being described;
thence along aforesaid t-of-wayboundwy line south 47 degrees
13 minutes 30 seconds East a distance of 163.26 fee# to a paint;
thence south 6 degrees 01 minute 50 seconds west, a distance of
313.78 feet to a point; hence South 70 degrees 27 minutes 50
seconds west, a distance of 791.00 feet to a point; thenoe North 46
degrees 15 minutes 42 seconds west, a distance of 334.66 feet to a
point; thence North 87 degroes 08 minutes 10 seconds East, a
distance of 485.00 feet to a point; then a North 5 degrees 33 minutes
56 seconds East, a distance of340, 4 feet to a point; thence North 53
degrees 21 minutes 10 seconds East, a distance of 207.18 feet to a
point; thence South 47 degrees 13 minutes 30 seconds East, a
distance of 17.69 feet to a point; thence Forth 42 degrees 46 minutes
30 seconds East, a distance of 125.0 feet to the point of beginning,
containing 7.28 Acres, more or less.
EXHIBIT "Am
NONROF COUNTY
OFFICIAL RECORDS
EXHIBIT I - Instruments Evidencing Ownership of Bernstein Property
Dock 2041980
BkM 2756 P9N 1059
BERNSTEIN TRUST
LEGAL DESCRIPTION
EXHIBIT 2 - Legal Description for Bernstein Property
Bkq 2756 PgN 1060
Dod 18Q09
ek# 2531 pgq 2B29
IN RE: ESTATE OF
BENJAMIN BERNSTEIN Case No, 1 73 P-09 -
Deemsed
. parcel of land orgy Stock Island and being a part of 1oc of
Mc oneldxs Plat of Stock Island as retarded in plat Boob I at page
55 of the Public Records of Monroe Conn, Florida and being also
a past of submerged lands descnibed in T. I. 1. F. deed number
19837--A., all of which is desm"bed more particularly by metes and
bounds as follows:
Commencing at the intersection of southerly rigor -of -way boundary
lime of Fourth Avenue with the westaiy right-of-way boundary line
f Front Street; hence Southmstwardly in and along the westeTly
rigbt f-way boundary line of Front Street a distance of 840.5 feet to
the point of bcginning of the pm-ml of land barcin being d csibed;
thence along aforesaid right -of -war boundary line south 47 degrees
13 minutes 30 seconds Bast a distance of 163.26 feet to a point -
thence south 6 degrees 01 minute 50 seconds West, a distance o
313.78 feet to a point; thence South 70 degrers 27 minutes 50
seconds West, a distance of 791.00 feet to a point; thence Forth 4
degrees 15 minutes 42 seconds west a duce of 334.66 feet to a
point; thence Norffi 87 degrees 08 minutes 10 seconds East, a
distance of 485.00 feet to a poin4 t cnce T oni 5 degrees 33 minutes
56 s eonds East# a distance of34 -04 feet to a point; thence North 53
des 21 minutes 10 seconds Eas4 a distance of 207.18 feet to a
point; thence South 47 degrees 13 minutes 30 seconds last, a
distance of 179.69 feet to a point; thrnce North 42 degms 46 minutes
30 seconds East, a distance of 125.0 feet to the point of begmi nix g,
containing 7.29 Acres, more or I ess.
EXHIBIT "A"
NONE WTY
OFFICI(L RECOMS
EXHIBIT 2,, Legal Description for Bornstein Property
Dorn 2041980 Bkp 2756 P9# 1061
i t 3 3-3 +J W ITD +
EXHIBIT 1r
To The Trustees of Trust 8 Mnder Tb a Will of s n ard n 8ernotein 4
Cocnaed e
part of +Block 55v of the Plat of Stock 281a d, as recorded in
plat jwg0k 10 page SS of the public Pw rd■ *9 Monroe u�nty s
r1orl da, and is & ti culakrl deacrihed at fal to t t mincing
at the intersection of the dDuthwaterl f right-of-way lire of
Front Street and the Southeasterly right f-way line of roetrO
avenge of the said Plat of Stock island, burr Scats 47 degrees f
l minutes and 30 seconds east along the �southwesterl night-�of-
vra line of rzvnt streetfour a distance of 3 0a 00 feet to a point
Bch is the Paint of BeiLnning: Continue thence South 47 degsreee
13 minutes and 30 second# Uxt along a southwesterly rig t- f-
Wa lie -Of rmnt street for a distance of 600s 00 fast to a point;
thenc beak South 42 dognma, 47 minutoo and 10 sacandt Wait ar
a distance of- 175.00 fast tc a point $ thchea ar north 47 degr s t
V minutes and 30 acoend■ Est for a distance of 600.00 feet t
a paint; thence bear Worth 42 deq"ov # 47 minutes and 30 eemads
V"t a distasoe of 175*00 ftet back to the Point of Nmimi'nqe
mK ther with all imprcmmments. thereon. , AL 07
tract of 3an4 on a Part of stack Irrjan4F mongm county* Mridwp
and being suers Particularly doacribad by motes and bound* an
follws a CcWreasaoing� ■t the intersection of the southarly right -
of -WO r line of Fifes en a and the easterly right-cf�r, r lire*
of Pi th Street of the Plat of Stock island, retarded iu plat
Boca lip Page SS of the Public Records af.31cnfte CoUfttye F'lvrida#
beer Scutb 03 degreas "and 56 axinutes sash S00,00 feed th6ncs
bear South 00 de r'ees and 84 adnutes Wento 4 *25 atl thtncg
b&ar South 03 deg"e! aMnd s6 ainu eu Cast, 2131.53 fettr thtncw
bear forth 0G da ra" and 04 mutes ` Baste 1991, 0 fait to the
paint of beginning of the tract of land hereinafter detsccibed;
fre a said Point of beglaning bear .South 70 degrees and minutes
watt for a distant* of 1060 feat %, more or less* to the canterlitc
ail the Entrance C aR ei1 thence hear forth 05 dagree* and 45 min-,
tee west along the contorlim of 9&id fttrance Channel for s '
distance of 12 festo xars or loss, to a point; thence bear Worth
83 ds9ress gnd SS eanutes west for a distance of 475 feety x0ro
or less to a point which is 7(" feet and bearing sauth 04 degrees
and 04 t, uutae west from the bvutho r'lYd04 nnr s Baline
e'Of for rifth
Avenue theme bear aorta 00 an eels
c�istsn -of 400 fact* n r+C or assv to � Southerly shore
o Block 13, Block 57 o the Plat o Stw-k Isl d* thence meander
the ahorawll"a In as EaaterLy direction ror s diatanae eE 1440
soto xoro or la, to :e' �a DWUM IBs�.ttge hr�ebe eWyouth
amd 04 r&nutan taut frai+ J
o4 degrees and 04 natet Nvat for a distance of 100 hest• YcrO
or lasso, back to . the Point of Ssg#+r,M.pg. `
Less the f0jjCWjrjq parcel of land included in this legal de*-
r*ptJLc
41 parcel of Land are Stock island and being a Part of 310ek SS '
of XLmoonaldo a Mat of Stec island at reed ded in Plat i
at page SS of the Public accords , of Hmme CouhtYe r*lorida and '
being also a part PE scb arged lands dexcribad ' in T. I. t. f
}
+ I tr r t air r } ,y . ob ^ i /rJM # l o.'. fl i � � iJ!} y #� # r# R + f J< * i' • CO JR 1 t+ �I r l► a ak J J # r � 1 * i+ ■ ^.i ■1 J �"; ;,
r
EXHIBIT 2 - Legal Description for Bernstein Property
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Dock# 2041980
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47 75 FAQ 728
a
deed nurzer 19637-A. all of which Is described mar* particularly
by mates and Maury as i haws ;
Commencing at thw intersectlon of southelFly right-of-way b undiar
line of Forth Avenue with the VesterlY right*of-Tray boundary
line of Front Street] thence sca0aeutwardly in and alone the
waterly r ht -way boundary line'af rrcmt street * distance
of 0.5 • feat to the point of beginning of the 1parcel of land
herein being dancribedi thence along aforesaid riq t--of-way
boundary line SouM 41/ 4#9rgves i a ntrtts 30 seconds East a
distance of z J. 6 fast to a points those south a degrees 01
a nate 50 seconds Rasa a distance of 313w78 feet to a point:
then auth 70 'degrees 27 minutes 50 xecands Westo a distance
of 791.00 foot to a point; thence trth 46 degrees 15 minutes
42 secede West# a distance of 334,66 feet to a points thence
!Worth 87 deg as 01 m1nutes 10 seconds Rasta a distance of 48S.00
feet to a pointo then * Worth S deg revs 33 minutes 58 seconds East r
at ftsimca of 340.04 feet to a point: thence north 53 dagz ea
l minutes IQ seconds Baste a distance of 207.19 feet to a paints
then South 47 degrees 13 minutes 10 seconds East* a distance of
17 . 9 foot t+o - a point] th*nce North 42 degraea 46 xeieates 30
maconds Last, a distance of USA feet to the point of beq0LnLnV,
containing 7. ■ c. p more or less.
* # r
All of Took 56. all of lat 13 0 Sloak S7 'a d all Of Si 55 Of
the plat of Stock island, as recorded its Plat Soak 14 Page 55 of
the Public Mecords of nbnroeCounty* r1orldair less the following
described tract in Block 551
r r
cs encisg at the intersection of the Southwesterly night -of -gray
lire f pr t strect &nd tha soothtmaterly right-ofy-gray lire of
orth . v&ave of the saLd plat of Stock Isla ad o said int raect ari
&jAG to be ]worn all the volut of V"irmLnq of the tract of land
ho"Ina ter described) bear South 47 degrees Il minutes a d D
s conds East along the Sokmkwesterly aright Vmway lip cz rro t
Street for. a distance of 150.40 feet to a points thence bear South
42 degrees, 47 minutes ana 3o seconds West for a distance of
175,00 foot to a paints hence bar forth 47 degrees 13 minutes
and 30 seconds bleat for a distance of 850 - 00 feet to ■ point On
tea Southeasterly r1ght-cf-VaY 11nO of F40=01 vei n them
beams' morth 42 degrees, 47 Minutes and 30 se0onds Zest alOndl the
Southeastarly jrLqht-Dfo-waY lirm of Fourth hrtenua for a distance
of 115,00 feet back to the Forst Of Beginning. R WITH
all inprovenents thereon.
` � �+ i r •
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40
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�ilf• • �•A* i w ,a•1'tr % #' �•Y• ft 1 f Ai#�* �� ��. # ! a f*1 s• �/ � ■ 7 i i1 ` i`,f "
4
EXHIBIT 2 wo Legal Description for Bernstein Property
Doch 2041980
6ka 2756 p m 106
of HO.LVn
4
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Ir
59
lam -
Door# 2041980
BkO 2756 P O 1064
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Doc# 2041980
W }-
Doc# 2041980
5k## 2756 P90 1066
Exhibit 'I to Ordinance# 045 -201 3
R ' AVM -
- RC)
5TH AYE ' HAr/
..
ZL
IPA
:BOTH' AVE.
IAVE.' .:.T
Hiked Use/
Commercial (MC
The Monroe County Future Land Use Map is amended
s indicated above.
PropDsal: Future land Use change of eighteen parcels of land on Stock Island, having real estate numbers
00123660-00000r 00123720-000400, 001 3760-000200, 00123720-000100. 00123720-000200. 001 3730-000100, ''
00123740-000000, 00123770- 00000, 00127290-000000, 00127380-000000. 00127 50-000000. 00127280-000000,
00123600-000100, 00123600-000102. 00123600-00010 1. 0012 690-000DD0- 00123 70-000000.
and 00123540-000000, located on south Stook Island: from Industrial (I) to Mixed Usel ommeroial (MC).
DocN 2041980
Bkq 2756 P9N 1067
585222
Return to:
`C
ems ; 69 Merrick Way., Suite 201
Coral Gables # FL 33134
• This instrmmt Preparw BY.0
Name: ger M. Bernstein. Esq.
Adftess: 69 Merrick Way, Suite 201
Cora files, FL33134
g # this . day of Apar i l 2909, by
2Im , an unronarried widows hex i after called mCrantarm
f imt party, to JOSUR R, PACTM and 3ErFM W. SOLOM aS WMM&S Under
the ptVjizjcm of a Trust Agreement dated March 10, 19890,
arld krawn as IUD TMW
ut=e pogtaffiCe a&U-ess is: P.O. Bar 2455
Y101 Wept, FlQrida 13040
memed ply'
4WhWrrrer u's9 14rr'WlR. tbt err+r; •t.�S• p,�tr* ����4 '',#�'r►�Jd '
Fart" obe I Ilse iU4# sr++aU ar JL11 r1ura.. 1.+Ssti. ;rat;'
rrpfa}#RiatlWra. ir.4 as$4f lnmjvsaus.w ji.r, 4 tnrr **nr%
■Rd aasIWnr 61 tat prtra#Lq1e►t, •WIFrIty#r Ino VPnIoxt fn aojMtII a
WIMUSSMIr gat the said fib party, for wid in 03 ideration of the s% n of
(;IFT# do= hmp9by rwLLw,, mleme and quit -claim use t said 80='A'Psx7tY
fo ur, all the rift, title, intexgxte Claim and denaM which the raid first
paw has in and to the follvwiM mi d iot o laiem or parml of land, situater
lyim and being in tha sty of MMM St&tO of Mm , trrWit:
pa noel of land on stock jalw d and being a pax't of Block 55
of McDomldlls Plat of Stock I ' and as )xded in Plat Book 1
at pxp 55 of the FUblic AB=rds of Mnrae a tY, Flariand
beiM Alaq a pant of ldW!i=ibsd in Talol-F. dead
r Ier 1983'7-A0 all of which is descxibed a xe pa timla ly b
reatm and bmmds an wit IMP arnexed h0mtOo hftr*irmft0r
called the •
TO &4D 10 HDIUD the Em t+ogethex with all and sir9jule►r thO s
baj0nWjrq or in anywise app=taining, and all trio astate, ricfit, titler
interest, iieR,, equity arad CI&IM of the said tip PSIV, either in lair
or aWity, tO the QraY per , benefit and bd=of the8a3A saved P"ry
former.upon the tx t and for the pmposm set forth in this dead and in ths Dust
l po&ftr axed authority is gray tad by this to the t i
or tt
S=eammset
fah o ibit B arvvl -eto to dual in or f ar�d to
said
pq ora tarinormy�� t CopratR
IN, Ole to �r or to �g and � of t
or any part of it das=ibed in this
In no case shall any party dmikV with the st ens = ralatim to the real
ply or to wh= the teal or WV part of it shall be dyede
to be sold. leased or wed b be cbLfgad to am o the
a lication o any t r m7 or ad r� a the
o» be obla�g�ci #� s � that the t�ea`�as of i� x�� cy of �1of �
wi h, or be obliged in Ui , into t rm+owsi er a ped er
or be obliged r privileged to inquire into any of the terM of U* "fit
Agreammt or i fioat�ian or status of any n=md or wwongd bemficiaries,, or
their hem or assigns to wbm the Trustees roy be ac mtmble, and onry deed,
EXHIBIT 4 - Deed 15videncing Ownership of Island Trust Property
Dock# 2041980
Bi d# 2756 Pg# 1068
trust doed, Mortgage, laaGe or &.tpr irMtr=Mt oxecUtCd dry, the Tr'klr-tL :A U1
rel,jt ion to the real prcperty shall bm wrclusive evidmw. in f ravor of every Mr. --on
l ing upon or claiming unr r arty such cmw43YWw9,, teasel or other it strut (a)
that at the time of its delivery the trust croated by this indenture and by tiro
Trust t was in full force and effe,t, (b) t1-at the =MWarce or other
uWtrumam was em= ted in aaao darwe with the trmts, Cor4ittwo and ]iml ati.o
contairwed in this Indenture and in the Trust Agrwmnt and is bird Tvg upm all
tamf ici aeries u wkw tax a ts, (c) that the Trustfims wom, duly auth=iz4d
and expNned to mite ' delive r every P�& fted, trot dam, lease# mortgage
a (d) if the reyarace is made to or by a dRacceswIr or
in trto tj%at the su ar M=&Mrs in tml3t have bem appointad
pr-opearly aid vested fully with all the title, esrAt&o rights, powers, daies and
cbligaticm of in trust,
ArW con.r lC. obligation o or entered into by the
an with the real P rty nay be entered into by then in the
ream of the tier beii if iciaries urxlar the Truce Agreorant, as their~ attorney -in -
fact p by this dead i rtwombly appoirted fcr the P=pose,, or,, at the elwtiarn of
the Trurtew,, in trieir own nmw as TrUstee of an expo test and not
individuallys, and the 7tuvteea Gkol 1 have no abligation r tsower with reapreapwt to
arty suffix caftmeto cbi atiae or exempt mly as far as the trust
and fw4& in the actual ' on of the Trustma shill be applicable for
fir` payer and di�ax�e, and all pe and c rporaticr and
Whatsoever mall be charged with tim of this condition from the dame of the
filing for reo=d of this de Ws
7bg interest of cacti bex f iciary under i s deed and under the Tm= Agreement
refereed to previamly, and of all pe_*'som claixbV urder them or any of then stall
be mily In the aarrAzqs, avails and pare% fry the sale or cd�er
dispositim of the read a rld , athat is declared too be 1-17 Pond
0 and beneficiary �.r this deed &MUL have any title or Lrttarest,
Iegal r equLile, in or to the real as �. but antr as Lnterest in the
48aM avails and prods from that real as aforesaid.
ovI. orG ate"". rTnvrtW and Ohmnef icia " are usd for singular or
pluralt as avntext, reVires.
the Granter a foresaid has wt t r by d and seal this
day of April, + - o 99 -
Sign. maled ar4 dieliver&d in
the presenoe of z
}
TNTE OW naxmh
�•
Comm OF MME
4
pexsm WW exvv4tad the fotWoingQuit-Claim DeW to the Trustees ur4er Trust
# and $ +i.LC, to aW bet NO that she muted said irmtrunem for
Wrrlmm vy hard and official seal in the cu utty arse State last aforemid
this � -" day of April, 1959 ■
MY iWi EXP:
Rotary Phii , State of Florida
lIARG0.1i S efRli�5 �fIN
saoF ��dh�o►
MY . cx�. 1r2r4o
'PPl
NJ
EXH1131T 4 - Deed Evidencing Ownership of Island Trust Property
Doc## 2041980
BkN 2756 P9## 106,E
i. [:l a 11. Vl : t 1t l PT It 1N
A 'I HAt rr or 1,AN11 4 UN ST(II -K I S 1.#1 1 I 1111 i ; .� i'.ili"1# I ]I 1�1.� � "�� : i Ill-
6
O S'I`�#����'K iiI41..Y;�I1 �1#S 1��1;ti�>tFtllrI 1N 111,�1'1' #It�Irli I 1'I' I'��FI0 i}., o}I' 'I'111: 1'1 1�j}'}
01- '*#� lali���ii � ,�)#.J�ITV., YV 1. 1(1 DA AN"I f M" T 1 1 %I.S() A �y 1i 1' III' %I 3 11:1Zt .T:D Ir'INI
11J:.S,C R11W.11 IN 1', I . I . I' . IW,ETI NM11I1;1t 19N3 7 -A, IiI-I N1i A�III I' MRTI I'VI.AI116V
IW,S("11111 El) BY "METES ANI) 1I{}L1 I1R" AS F()IlWAV%
', ]4N3iINGI3 I Nr TIIIll !NIM!'I r:(:rl`1C r Tfll`# . A7r11J.AS` l-'.1tI,V lwarI`-ov-my I.1m1s or
FOURTH AV ., UI: W116111 ' IM. S 1.1'1'1111'Js v-,lll.)' 1t i cirr -or-my is Nu. 1' 1i 1 myr 'rm.,irr;
THENCE° "1I IICI 1 11 C1l."t'[l'1:'1`J:1#,y rI r t;1l�l'_C11+ -�;11' �� t (1#= l�1lc1`1'
SI' I:ET Volt 840.50 li I:I:T TO TI JE POINT 61., IH.# 11,NN I Ott i OF THE VAI(1 .1;1, of I,AND
I#I:}#ytHINAir'i`1;11 J)EMA"P!#r 111' 1); T11j�x}:l�ic*OUr C 11r T (�fi U1`,y 4715n 31�'.10 "1, Q WNW i iRAl l) 1ILWIM-01+-��AY
1, m,. j- it m 2 rumx TO 11 L }ATE#��S E.Cfi ION �� I T11 I WE ��'�/• � I1.11 � I� � o rr -o -wm, L I NE4
1~F A so.no I'I:I:7'WIDE* A(:c:1: 1.AS1,'MI +r'r ms i#I:[ }lt1 M) IN OFFICIAL IMNI)I#lam IV
9S , PACES 9 0 9 -9 l 11 OF Tifl: PUD1.1 Ii' Xi:{' IMS O (MUNTV. 19,011 t )Aj
6 001 t 5 0 "IV ALONG SAIII WMS T1:1MY IC i C#I l`i`- F -WAY II t NE. 1:011 3 1 3.713 riii,.,r ; 'rIr[.NC F.
STO'027 '50"W FOR 791 .00 F H*XdT; '11III:J CE4 x 4561 i # 4 "1` P011 .1.14 rri vir.i- r 'I'IIE: `1;
N9-1009 10 "IE VOR 485.00 FLI:'ror 'riiitfv*AoI`s 1-1.3=,r'f1; vni :�4 rr ` 111-61 CPI
NS 3 " 1 10 "It FOR 267.18 F 'si:'1' 1 'i'i#1:1 f :1; 547013,110 ;1 V-011 179.43
1442.046' 0"H 1-6011 t :v.n{1 11:UT V '1'J11: J'o![ r ov 1WMINNI1 C1.
1f1:S5 wrI1L•'M."F1EOM, 'T111: FOLLOWING IMS(%,1111%1) J'AIMIX1, ICNOWIN AS
I111: .T. . S 171:
Ei'1PHLVIO SLY �INVE '#-lCrN . 11V 1)1:1:1)
itu.mmmr) 114 GFIF ICiAL R15MDS I1(Yc)I'i A811, I"AlAit 2465 OF Till. PRIM! IiI:I. )1#1}S O
;w+1Olw H01:01 COUNTY, F1,C 111 l)11 131:ING 1 ILI'm I'A1#`l'1C.L3IjAW-Y 111:SC1MINO11 A8 l=OL1,011 z
A PAR(MiL Oil V r IAA-4.1) St1rlMl:RC1:D La%ND ON S'rrX-,K 1 S I,AND, MUNROE. Ii UN-ry,
I' J.O111 DA , 111i 1 Nrl A I' int I oN a p on lAT CERTAIN U'i#,NIF R(i1;1) LAND r *81 PI r Ill-.) IN
T. I . I . V. 1)1d1:D NO. 1 83' -A l M11t M IV=I:1, 13E.INit l Will: 1'ART K:ULAR14Y
DUSCIIIIIED 11Y " 1J:'I'l: A.Nn UUUN " AS 1`01M)W
cMNMNCC AT TI1l: ! NTERSr.r. r1oN Dig 'l'Irl: SI11.M IB.11 'i'i:Il1.Y 1# 1 CNIT-OF -WAY 1.11MV, O
VOUR `11 l�Yl:NUR AND TIIE. S 3CiMTIlivin-rimi,y 1� ICm-v-o -kvAv Id i n OF l'1Rarcr` "1`um.:-r' -
'MI'A 1: 47 `1 3 i 30"l: Al OW; SAID SOU"1'rli�i=..S'1'i:l�[.�' RIi IIT-01-- + AY 1.1NV VOA
3 0 0 .7 G FEET TO '1'111: WI- S` I.11 Y 1 c;11`I' -0V -iVAY L I N E, 017 A 311 I��T W r DEP ACX,�;5 S
EASEMENT: `�'I11:NCE �
�;1� ENT01 ' tf"111" Al-CINto -RA111 W"Si l'1:1MY n �II'C-ov-lr'A I,mi vom
I`J:I:"I. T 'I'Jil: PO I N1* M: HIM r Nip ING )V I-111: 'E t 1 �ESCRl I31:I)
P�'II CHM O LAND; THENCE S7I3 °* 2 '5 0 "W FOl1 240.30 # E.11'61'; 11rl:MM"t NiT "15' 03 "W
FOR 234.23 V E .7", T 111 olii :l; 1 I VOR .104.211 1; 171' TO AN I S'r l Ms i:Aq.r 10 1
WITIT A 1,I 1: 2; 1 . 44 1r l:l.dr somwwas,rlau,v ov M 'MEASUIU-611 AT K tI<I!IT !lWAY.5
ANl) P11lCl1WAil, IY> S I I) t [I'I"11# `1. ;'I'ltltr. ' ll l ;ll'J'�I�]1; w1 11�' [)i� 110614T s-rm:1'.'i' 1 `ri1I.14 C.F.
S 4 7 ° 13 ' 3 0 " U: AWNG All) r'AICr IJ 41:1. ix:*, it is voile s 10 . n v ca iim ` mro '1`I i 1, 110 I T O
13 VIG ( MN I NCB, DIY 1 l) PA ItC EMP MNTA I NS 2.00 A,`.IMS" , MIli: Olt LEM
SAID TRACT CO?ITA I NS 5.29 1' 041: , WllJi Oil r.1:SS AND U11, E.Cr TO THE FOLLOWING
DESC H M HPI) E S WiMs'NTS
A NON -Lo WbUS J Y E ACCESS T. AS EA11:Wr , umma a mm 1 mum m irm 01" 25.L08 MIT
AND 13E I NG MORE PAWr I ULA11LY DESC H 1111:1) AS F01-LO
# 1Vg4+J14 C IOM Kr 7111". IN'1 is fs' "r'Iota op 'Fill: SOUrIMA TI-.0kLY 11MIrr li --WA LINE 01"
IFVURTii AVI:NUE AND THE SOUS' Iwiss,rcIt1-Y I#IGHT-O -WAY JA N6 OF FRONT wmr.ETs
'I'l ENC E. S 47 ° 1313 0 "1: J' WNG SAID SOLFrIl 'I,:. `1`l:1 LY 1# I G11T -OEM -% Ay 1. l NU Foil
1003.76 1T1r1-."r OM ?`III: WRSTI:JILY 111 G rT-OF- W fir r.11+ 9 OV AN R j ST iNG 56 FOUr
W f J)E AM)-" S EAS LM13NT 4riitmis SG'D01 ' 50 "M AI.t NC; SA11) W14,5TERLY R ICsiIT -OF -
WAY LIKE FOR 313.78 FF.Err` -3`O T11r MOST rAs,r'KlRLY MUNER OF TIM S.T.P.
store,, SAID CORNEIR is 1 ,rmc PO i SIT OF BEGINNING 01= 1111:0 11ERE I VA1:'TER
ESC;R 1 LIrLM NON-1t C LUS I VE ACA7_ES5 1EA 1UNIENT ; 'i'HENCr. N 47 ° 13 t 0 "w ALONG TIER
NO#l'I'1ll:llS'I'i:liLY li[]i3xUARY O1' SAID S.T.P. SITS FOR 75 , 7 k FE' .7 * 'r"11<ENCE
N4 '*4 Ti ' 30 'dI: F 11 25.00 FEET; 'MIENCI. 0 0 4 ' t n'*J: �`~ R 24.07 Fl4R.T `CO A
I i,ims r`iox wr`m A LIIII: 'jwr I i .an l�m,-,' ��JiST`l 1#I.Y 01-, AS [ H.AS111#EI3 AT
It r CST IT r►rlC�i.1: A I�1�1,I;�1 .I. A 1 } 1 fi;S'i'1:1ILY i ! c mrr -oi* -1�` y 1.1 NE i' Fill.
A1�O itemumr' 1 C NUN D i� oarr w 1 m.; A rr: l?ll.�il:l�1#:wr ; 'ttll;l�lCE. I °Ifl 1 ' Q "I` Al#CI+IC:
SAID i 1 11,1:1.► LI; I: I1Ort 2S5.73 ii1.E'T '1 AIN iN,ruits 1-ii:`L'1OIL '1.1'11 SAID
CU'nrvv , 't'I:itr,,Y Ii un rr-01''!1'11 ' I.1mio. or 'mr., NFLAt€:M1±1~ITION .11 FRONT STREET;
'l'11i NCU S 4'1" `13' 3 A "!: ALONGS III SOUT I � VE-S 1` h It l,1� lE � C�1 i1' ��)� �t+V111r+ 1. l � I: FOR 31 . �
l- EL4T TO AN ilwi'i'ImsEcr ION w i,rij SAID m.S`I'rllt1.Y itmim-ov-WAY LINE CAL+ THE4
A1' 1#L� 11.N, ,r l0N17.D 50 rdwr WIDE
j1�ff'.1'.SS v: si,*--r r # THENCH S6 0131 ' S 11) "YID ALONG'
SAID %T.*S'rE L11JY II 1 1 IT -0Ij -%V.17 F,I ! M l: I?011 313.7 8 l- I�1:,' ,to nut. # o 11 c' op
RX.3INNL lNG.
AND
l rt 3l Ar r: I:AS I?.Y1l iir!* IIl:!l x:,. Do I''1 1,r1� 1 I+i I '}1r '111r: Orr11r1-MLY LINE
'J"Ilr:1tL Fi 111.1 6 MORE' f Airr`I(xi• im Illrt1•► 'J#113Ir1 A 1I~[.�irr� AT `J`IITt
cuitNEit ov '1`l11: .'r'. SITE AS 5110W ALill 111:Si:J�1Ii1;17 lrl�iCl•.1� ;
rim [• S7 � o 7 ' J 4 "#1' ALONG V 11. st71.#'l'11m-,so1 i ai. P J IC)�i� wr ION 01i Till'
sou'rili:f�STE.l#i,Y r�O[.� DAR LANE 01-S. A111 .`1'.!'. SUIT FOR 2--in �'I.1;'1~ �1c]111: 1)11
1.E. S 'M Till: �:i1STHTlr,�' IIr?1i]r, l 1'1J: C13-, Titir. I. I ST I M a 11�NItl101l AND'I`Ii1: POW 1r m
`r`r;HMI-NA i O 01: 11) oU tInitl.Y S,i�Ir.
EXHIBIT 4 ,- Deed Evidencing Ownership of Island Frost Property
Doc# 2041980
Bkq 2756 Pga 1070
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Doc# 2041980
Bk# 2756 P # 1071
q 3002.17
ra" l 83'r 080
The provisions of a certain "gust Agreement dated March 10,
1985, and kncwn as I IAND TRUST relm inq to successor Trustee are
as follo st
All decisions of the Trgst es shall be made unanimously
by the two Trustees then aervi g. if any individual Trustee
6hall cease to act as 'Trustee hereur4er for any reason, then
J EP-0 F- OSTROV p of Bethesda, Maryland, shall be appointed
Suteassor Trustee . if JEROME OSTROV is usable to act as
successor Trustee for any reason, then ROBERT TOLL * of New Your
city, New York$ shall be appointed Successor 'Trustee. Two
Trusteest acting unanimously, may at any time designate one or
more individual successor Trustees to serve in the event the
designated successor 'Trustees are unaW.e or unwilling to serves
If$ at any time, there is only onsa individual Trustee serving
hereunder* then he stall appoint a qualified urban o trust
company to ser.�ve w1th him as Co -Tr stee, An prolusion herein
contained to the contrary notwithstandings under no circumstances
shall the Grantor or Grantorts Sons be appr.; #:. d or nerve as a
Trustee hereunder.
4A%P-r • 4. ; F
"P"4 '■ aRpods.
:.1W 9 Li cult t ovrt
L L J
EXHIBIT 4 - Deed Evidencing Ownership of Island Trust Property
Doc## 2041980
ISLAND TRUST AGREEMENT 03/10/1989
LEGAL DESCRIPTION
EXHIBIT 5 - Legal Description for Island Trust Property
Doc# 204198o
Bk# 2756 P9U 107
it ... -r
1111 J ?
A TIME-r` (W I -AND UN S"I WX I N lXUP 11F. HM4 a A PART I* III.# 1 U ► 1 III' 'WHI, A l.11 ` 111. \ 1'
OF '!'f 1E'1i I: 1,. `I)s 1tf.1 l�f#�}1•:1 i I ti 1t 1� 1 1I1 N r ��" Ir t{ �l: 7J` i1`IFI; 11�'1t1. t t' 1I1.� 1i1 t:
.t;Lmry 1-I„i)II I PA AS1; It It f S-4 MAM A 1' \11 F W SI fi i11-VI.1,17 L- -
I M}1:s#(ORrx jl I-M ! x IN `1'' I , ! . 1' r JIliIiII NkAl"CH 1 RN 3" -A . I11.1 �`t � �i� �1�1. 1'r) UTIt1111.11011.11
INGD
AN1
GQNM11:N1;1 NU AT T111: 1 Nvlilts i r ] ON OF 1111. S(7Cf'I1I-'sA8`1'WU,V if I GUT - P -WAY L # NC, OF
FOUR"I A11i.N111 W111 TITH SOU1`I#WKST1:l M' flft:I1' #i}1`-[1r11` 1.111f;
T1if:1�i L 47 i S' 3 111: A1" ?i # S1 111 SI}lr'#`JJ J�S'I'i:111ly itI(.1t'I'_T31•-�1. V 1.1INC O FIMN`l"
STREET FOR 840.A11 140-7 TO THE POW !Y'i' F OF TIM # ARE 11. OF 1JAN11
!Ll:I'1i:1 1A1 11 111:. I l ftf 11; 'rIJF: cai t�[�li�r' I NUN. S47'� 3 � 30 "1: A1�M' HAM 1] 111 wll `-ifY -WAY
1.1 NIt olt 14 3 0 26 1~ 1�I� C TO AN 1 N'� IMS HUT I ON W1 `J'11 711Ji ��'C:S'��#1�I.�' It l c,1�'-[�I' -1�AY t� I �1i-i
i
OF A 50.110 1FRI- ' V�'i R!- ACUF 1AII-#1E:Iw1'T' AS X[t:0HsMM IN 01#F!f IAL RX,(UMIS VWX
395. l'A(,jl On0-910 011P Till: MIA('! 1JIMIUK OF 370lw IME MUNTY, 1"1 111 DAI TUMOR
S 6 °01 ' `M j.D3r'(j A l I� �Y1:S"l*l:lt#.Y It # �;���`�cil=-S7«'�i' JA 1�+1#} FOR :31;1. � � l' l:l:T � 'C11#: ��
70*27150"W F011 791.00 1 UMHT; 11MONC1. Mr"14 `42"IT i H 334.6G vI:1.'r, 'THENCE
87 "QUAGN13 VOit 4ES-00 IICI&'7311:1w[[:1: is'33' if+" l` 1-6011 34a.04 t'l:F:rE 'l'i1usm
N51'21 ' i i1 "3: r011 207 . 12 F•x:l `1'; 'C111;WHI 547 013 `:30 "F FOR l 79 s A ip1,.r f IIIC'.NCI
K4 2'64 6 13 0 "L FOR 12:P , n o f m.lr 'ru '1� m l'# J N'r I' m4cl i I i 1�r i.
1*1:S `I'Ifi:'1 1'1 '1'Ili: 1'01.I, VINI, 0113 ,0III1'11:11 11Al AHo HNOWN AS THE S.T.P. SITU
PUBV IOUSLY CUNVV.yI:1i U y t`�JiANT011 TO STOCK 1 #.;INm v1' l 1,1`ry m31f*AsY, ily [71:F,1)
HUMMED IN OF111CIAL 111MADS II(M A66. 11Afifl 2445 OF Till', PUBLIC tlHr 11t1 V
*14014 t01� 1 DL1NTY9 l•WRI DA1 UPPING 1t11 PAIt'1`1[.1� ARItY i - 1*111I:I) AS 11"1 V y
A 11A11 UL 01' F 11.ij:11 l.JiiJ�l1;ltr ��: f.+��iI7 ON S'l'tRW 1 1sAir)1 7►1 NRO1: (1�,lfi ry.
i*L RIVAr 11p.14r F il`1'!0r4 o1` THAT Cl:It AIN WMIF110:1) LAMI DI; S' 11111;11 1!�
T . 1 • I . V . I : ED NO. 1 U $ 3 M -A; M 1 1? I IIIICJ.I, I I P A jrr 1 c:i,71.o%1tI#V
1)LS Ill SISM Il Mn HOUNDS" AS MfJ0% t
ikMTQ-* CC- AT THE 1 NTI:11SE-CCION or 'I*Jlf: jmumHARTHIMY I 1 Grl#"1`-CI"WAY I.I NIA OF
i•D Jt'1'l1 J11 1a{+ JR AND Til'lS f fiJtm;. -virl' 1rY 1C1r�#f'1'•[ ff �ji�y LINE oil frllf N-ir S'r1iL -r.,
.t'l l;'{ NCf: 4 7�*� 13�.rie' 3 0 "S A lAI G, •■ SAID + ({)�LT1 rr�#l1-.;�'tL'i.l��1,V }��atl � c.1 I'i` �c] I'/� J1�r�l •I 1. s 1� l:�y..TA�1�1 ywJ���
1 00; . 6 1�1.Ji7 T�� ` IM 7i 'rui i-v ■ 1*x*��+�L+�*�•�`f;�` LINE NE ;/1` 21) PfXyr I M! .�+�#�V
. • . * { " 11 II lr1'!.S`J`1.11I,V #1 1 t•iiPr411�-%1 LI M". 1 t
l:�i':�'�.NT� 1111�1�t:1� Sfi �] ,�� �� AI�[1Nfi SA
III
J:11I:'I' To 1111: 1711 I T OF PRO I N I NG1 OF 11II: f I f Ml- I NAI'T M # J1 kSM1111:1)
PARCEL 01P 1.AN"'l 'i'111^.Ji l; ST0 °2?' 0"W FOU 240.30 I•zt#:T,- T1111MM N52 `1b' 03 "W
Fou 234 .83 i'1:1*xt Tlll? M. M9 616 "30 "!: FOR .104 .2D I'1+1:`#. n AN 1 rii.-1tsn r1 li
11 IT11 A 111NK 251.44 i#1 i r star#'own.ST13t1"y OF M 311:AS#.1MID AT MOW AWri AiS
AND 1'11I1AI Jo1:1. ' SA 1P c�t�rl'l l!1°J�*1�'�:lt#.�' II I �:11~r#�1I-* �1 �� ��liTMvvir 1 `r111-:WM
4 7 ° 13 i 30 "Uep ALONG SA ! l) PAR 1,I#i;l� I� t �1l: 1=(�!1 s 1 J1.1" TO THE MINT OF
BEC31J11J"ill`rf . SAID PARC HIF4 MWTAINS 3.0R lac IUMv hURN Ott LESS.
SAID TmAar `1'A f S 5.26 AC11U S y M01t1. OR I.�.S.4 AND S Uli j l cr TO 'rJ 1E F�l�i l �f
LYUSCIUM HAS MUNTS I
A NON-SXCLUSIVE CCI*.SS EAS J:A1RKT-v 11ANF 11 C A IMI N I MUNI WI DT11 OF 25 -a 0 Fwa
J' K JjKJNC MORE PAWf I CULARLY OUSM ttl:17 A FOLLOWS
COA+A'I#:l�icr: A'r INIFi NTm- S 1.Cr I O of Tilli SOUP lfASTLERLY R 1 AIT -01"-WAY 1.01" Ott
FOLD f'I i AV E.ly UEk ANU `11 W* s AIA}Oy�i, irill��s#" s-riaRLY 1t f 11SOUTIM�rr -�40F -i1VERLYAy } #LINE �.�F OF �+F�# ITT STREET;AY LIN[i {
THENC6 1003.76 FEET ' TIER V98S'T11 LY 111 1T-OF-WA7 [.1 l*Ii: AN il?i i S'r l ; 0 F�
WIDI.: A 1: 3 -SUMMT; TI;1•NCE S6 00 I ' S0 "W ALONG SA M 1111:STEF1l.Y IGUT-Of _
WAY LIKE FOR 313,76
ITE- It SA ! n COlit�KK BEING Tills POINT r 131# INN ! ; l* 'f'tfl? 1Ii:IlE l NA1�TEi!
Il v 101 '1;7:1 r.1;5 FA 1:mm-r1 iml[MCI: 1447*13130" AL IL
t�ORTIMASTI' MLY LIOUAIIAMY 01r SAID S.T.P.
S I'1'r: 1�C11 '�6 .7 � 3' 1:`1` ; 'rI1F.NCC
42 °4 ' W' FOR 26.00 h'um; 'nil; -NC : 14139 924 " I n "�1:�+i' it 4 UPY ()Fs. �M?}� `�'R1:I?'I' 'y��'� 1�
THE
1001T 11NG-3�i:S AMD PAIIALI�1:1. 'l SA10 WMSTiRL1 D AT
i l{.il'i'�(11��1 A' LINE 1
APO ILUMIcr10t ul) SO t 0'T MON' ACXg'.SS I: SIUNIF:l r l T1IHMCH t46 11t11 f 0"Z ALONG
SAID PARAI A-'WL L I -48 I OR 255.73 l"x.UT TO AN i1�'['i-UST-C:TION wI' 1 SAID
0U1:TIt TF.Rljv 111carr -op -%,FAY i.1 qir. O1r 'rmt. AMMMENTI NEW F110KT STREET;
l
THENCE S 4 7 0I 3 13 0 R A1XWC S A W S0 Tl 1WF- ,•r I.1tl. 1(1 rA lT )F - AV LINK Mt 31,211
1*1tE`T' TO AN 1NT RSL'l:TION WI`t11 S M wnS'['1;lti,Y 11KRIT-OF-WAY LINE OU THE
1�11i Lr►�:I�'I' a � 1*T �� t ICI; A1:1 ASS #?1�51�`�'i�1wJ`I' ; 7'J1!-F S � � 0 I + r � "i+lf ALONG
SAID 'r 'I" 1. it l l.► T �- i- - 4, 1r.1 It FOR 3 3 3 _ 7 � 1'1•.F�' TO Till', POINT � l"
i FAI I Nib I NG-
AND 1 •13It111I i;1; F1:1a IN WI `11; 'fill! soul iltltLY L IN
'r'UFAEOIi MGM; rAWi J r: l.AlL1-,Y 1 i;; i:It IIMU AS F(U.LM163 1AM 114 AT `rim
,i1r3. '[' S 1J"1`1!1?11 1' t 11N 1 F 1111 r S S f 1c1k W AND ONSCMI lei~ " 11#:ItILC)M ;
TJT1.NC. S7 0'2 7 * 56 " ' 1,1 NC Till'. S01f1"1 111 I.S'1' R1, P KOIA'W( T MN 01'.
S U`1'p. FOR 254
x 1I;r� Tl:1ttdPY IOUNI) RY L l KI-1. Clr $A J I} S . 'r Il #`i' f N� J � 1��1 11C3Il A� ) "1�*lI�? � POW N`l` 1�
'I# �ro Ti� �]I' A 1 �I} SORIIE]MY IC l NI;wnil "!#lt�. #: S
1:t1 I ,1 r
EXHIBIT 5 w Legal Descelption for Island Trust Property
Dace 204190
MR 2756 Pga 1074
This instrument prepared by:
JOHN R. ALLY , III, ESQ.
The Allison Firth, B.A.
P.0, Banc 2129
Key West, FL 33045
Return too
Erica Hughes Sterling
500 Fleming Street
Key West, FL 3040
Consideration: ,4 0, 0 .0
DocN 1995241 08 2 014 4: 4PR
Filed E COUNTY in NY HER I L I Nr r
DEED DOC STAMP CL : Krys $16,800.00
#hocX 2995242
5kN270 PN33
WARRANT DEED
"q, St
THIS WARRANTY DEED is made this l —day of August, 2014 between JO EPH R.
RA KMAN and JEFFREY ' . BDL TIN, as Trustees of the Island Tryst Agreement, dated March
10, 1989 (hereinafter referred to as "Grantor"), for and in consideration of the sure of Ten and
No/100 Dollars 10.00) and other good and valuable consideration to it in hand paid by SAFE
RARBOR SEAFOOD, LL , a Florida limited liability company (hereinafter referred to a
"Grantee"), whose mailing address is 1025 18 1h Terrace, Key West, FL 33040, the receipt and
sufficiency of which consideration are hereby acknowledged, and upon and subject to the exceptions,
liens, encumbrances, terms and provisions hereinafter set forth and described, has GRANTED,
BARGAINED, SOLD and CONVEYED, and by these presents does hereby GRAFT, BARGAIN,
SELL and CONVEY, unto Grantee all of the real property situated in Monroe County, Florida,
described on Exhibit A attached hereto and made a part hereof for all purposes, together with all and
singular the rights, benefits, Privileges, casements,, tenements, hereditarnents and appurtenances
thereon or in anywise appertaining thereto, and together with all improvements located thereon and
any right, title and interest of Grantor in and to adjacent streets, alleys and rights-=wa said land,
rights, benefits, pr' x leges, easements, tenements, heredltaments, appurtenances, improvements and
interests being hereinafter referred to as the "Property").
This conveyance is made subject and subordinate to those encumbrances and exceptions set
forth on Exhibit B attached hereto and made a part hereof for all purposes and all other matters of
record affecting the Property (collectively, the "Peff nitt d Exceptions").
This conveyance is further encumbered by the covenants and restrictions ("Covenants and
Restrictions") set forth in Exhibit C attached hereto and made a part hereof as continuing covenants
and restrictions running with the land.
TO HAVE AND TO HOLD the Property, subject to the Permitted Exceptions, as aforesaid,
unto Grantee, its successors and assigns, forever; and Grantor does covenant with Grantee that,
Exh� b�-1-S
DocU 2041980
BkU 2756 Pg U 107
Dock# 1995241
Bk 700 PgN 34
except for the Permitted Exceptions and Covenants and Restrictions, at the time of delivery ofthis
Warranty deed, the Property is free from all encumbrances made by Grantor, and Grantor will
A R I -ANT AND D EFE N D a]I and singular the Properly unto Grajitee, Its successors and assigns,
against the lawful claims and drnands of all persons whatsoever,
By acceptance of this Warranty Deed, Grantee a acknowledges lges and agrees that any and all
Ilability hereunder of Grantor, its agents, representatives or employees, including the warranty of title
herein contained, shailI be 1imited to and satisfied solely frorn the Grantor's gross sales proceeds from
the Property or any assets purchased with said proceeds, assumes payment of all real property
taxes on the Prop ny for the year 2014 and subsequent years, and c acknowledges that the
Covenants and Restrictions ns attached hereto as Exhibit C are additional encumbrances running with
the land for which Grantee and Grantee's successors and assigns are obligated to the terms and
conditions of such covenants and restrictions.
IN WITNESS WHEREOF, this Warranty Deed has been executed by Grantor to be
effective as of August 71, 2014.
RA :
Witnesses:
rt
R
J 4 } . RACKMANI, individually and asCo-Trustee of
the Island ' `rust Agreement, dated March 10, 1989
T STATE OF NEW Y i
OU1 'FY OF NEW YO K
This instrument was ac nowledg d before ire on A g st i� ;2014, by J SEP R.
RAC K A , individ ally and as o-Trustce of the Island Trust Agreement, dated March 10, 19 89.
He i s personally known to tic o r produced a
identification.
4
ataxy Public -,State of New York
My ommission Expires: I - U'
DELORp3 0VjM
ohuy %W 3W@NO. 034M&V
OuafflW
r�'1MMj In New �� -
eOms Nov. 30,20 14
E)J, S 1 bit S
DoU 2041980
Witnesses:
IK414 IkU�a.`ru-off
Dock# 1995241
A Li
CEFE"v'. L T T, individually and as Co -Trustee
of the Island Trust Agreement, dated March 10, 199
COLOMBIA § S'T,�?TE G'F /11199-VZ�WD
�G�UTG-D/-l�'r�ZY C�G<NTje
This instrument was acknowledged before me on August 21, 2014, by 1EFFREY W.
BOLOTIN, individually and as Co -Trustee of the Island ntst Agreement, dated March 10, 1989,
He is personally known to me or produced _ /J�GL as
identification
Notary Public MY COMMISSION EXPIRES
My Commission Expires:
DECEMBER 160 2D17
F,Y,VA'I'
6+5
DocM 2041980
BkV276 1077
DacU 1995241
6o 276 Pg# 36
EXHIBIT A TO WARRANTY DEED
Legal Description
TRACT OF LAND ON STOCK ISLAND BEING A PART OF BLOCK 55 OF M DONALD"S
PLAT OF STOCK ISLAND AS RECORDED IN PLAT BOOK I AT PAGE 55 OF THE PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA AND BEING ALSO A PART OF SUBMERGED
LANDS DESCRIBED IN T.I,I.F. DEED NUMBER 19 - , BEING MORE PARTICULARLY
DESCRIBED B "METES AND BOUNDS" AS FOLLOWS;
COMMENCE at the intersection of the southerly right-of-way line of Fifth Avenue and the easterly
right-of-way line of Fifth Stet of the Plat of Stock Island, recorded in Plat Book 1, Page 55 of the
Public Records ofMonroe County, Florida, thence bear S 3°5 # 00" E for a distance of 1340.00 feet to
the intersection of the southerly right-of-way line of Fifth Avenue and the southeasterly right -of -ay line
of Fourth Avenue; thence bear N 42' 4 } 3 9" E for a distance of 640.02 feet along the southeasterly
right-of-way line of Fourth Avenue; thence, leaving the southeasterly right-of-way line of Fourth
Avenue, bear S 47' 04' 4 "t E for a distance of 249.61 feet: thence hear N 42' 55' 14" E for a distance of
175.00 feet to the southwesterly right-of-way line of Front street; thence bear S 47' 04' 4 " E for a
distance of 431.25 feet along the southwesterly right-of-way line of Front Street; thence, leaving the
southwesterly right-of-way line of Front Street, bear S 55' 3 " 41 " W for a distance of 165.85 feet; thence
bear S 20' 9t 27" w for a distance of 16.96 feet to the POINT OF BEGINNING of the tract of land
being described; thence bear S 53' 2F 10" w for a distance of 15 3.12 feet; thence bear S 05' 33' 5 6 " w
for a distance of 340.04 feet; thence bear S 8 7° 0' 10" W for a distance of4,0 feet; thence bear S 4°
1 ' 42" E for a distance of 3 3 4, 10 feet to the southerly boundary line of Tract D of Official Records
Book 399, Page 424; thence bear N 70' 30" 00" E, along the southerly boundary line of said Tract D, for
a distance of 550.83 feet; thence bear N 5 ° 15' 0 "f W for a distance of 234.64 feet; thence bear N 0 '
1 ' 0", E for a distance of 304.19 feet; thence bear N 20° ' .7" E for a distance of 79.12 feet back to
the POINT OF BEGINNING.
Exh'� b`tt5
Doch 2041980
8k## 2756 P ## 107
EXHIBIT B TO WARRANTYDEED
Pem-fitted Exceptions
Doc# 1995241
BkV 2700 P9U 37
1. .General or special taxes and assessments required to be paid in the year(s) 2014 and subsequent
years.
b. Any encroachment, encumbrance, violation, variation, or adverse circumstance that would be
disclosed by an inspection or are accurate and complete land survey of the Land and inspection of the
Land.
.. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the
Lands insured hereunder, including submerged, filled and artificially exposed lands, and lands
accreted to such lands.
. Oil, gas, mineral, or other reservations as set forth in Deed No. 19837-A by Trustees of the
Internal Improvement Fund of the State of Florida.
4. Easement recorded in O.R. Book 359, Page 79, O.R. Boob 359, Page 89, O.R. Boot{ 486, Page
1003, OK Boob 687, Page 834 Public Records of Monroe County, Florida.
5. Easement contained in Warranty Deed recorded in D.P. Book 866, Page 2465, Public Records of
Monroe County, Florida.
. Easement recorded in 0,R. Book 1579, Page 534, Public Records s of Monroe County, Florida.
. Owner's Acknowledgment vledgment of water Service Restrictions recorded in O.R. Book 1635, Page 270,
Public Records of Monroe County, Florida.
. Easement Agreement recorded in O.R. Book 2448, Page 1566, Public Records ofMonroe
County, Florida.
. Easements contained in Quit Claim Deed recorded in O.R. Boar 1088, Page 2091, Public
Records of Monroe County, Florida.
10. Riparian and littoral rights are not insured.
11. Rights of the United States of America to any portion of said land which has been created by
artificial means or has accreted to any such portion as so created.
12. Whose portions of the property herein described being artificially filled in land in what was
formerly navigable waters, are subject to the right of the United States Government arising by
reason of the United States Government control over navigable waters in the interest of
navigation and commerce.
13. The rights, if any, of the public to use as a Public beach or recreation area any part of the land
lying or formerly Ding between the body of water abutting the subject property and the natural
line of vegetation, bluff, extreme high-water lire or other apparent boundary lines separating the
publicly used area from the upland private area, as it may have existed prior to the construction,
if any, of sea wall or bulkhead thereon.
14. The inalienable right of the public to use the navigable waters covering the lands.
15. The rights of the Mate of Florida and the United Mates to regulate the use of the navigable
waters.
aw1b�� S
look# 2041980
16. Easement in favor of the Utility Board of the City of Key West recorded in O.R. Book 497, Page
2, Public Records of Momoe County, Florida.
17.Owner's Acknowledgment of Water Service restrictions recorded in O.R. Book 1274, Page 13 1,
Public Records of Monroe County, Florida.
Wo
18, Covenants, Restrictions and Reservations set forth in those certain Deeds to be recorded
simultaneously herewith in favor of Grantee.
19. Grant of Easement (Ingress and Egress and Non -Exclusive Navigational Easement) to be
recorded simultaneously herewith in favor of Grantee.
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Doc# 2041980 1080
Blot 27 PSI
Doa## 1995241
Bk## 2700 Pg## 39
Covenants, Restrictions and Reservations
For a period of fifty o years commencing from August 21, 2014 or such earlier or later date as
may be required under the County Approval for the development of the Related Parcels described in
Exhibit 13 attached hereto ("County Approval"), the Property shall be used exclusively as a working
marina including not more than 12 lobster/stone crab boats (provided however the foregoing shall
not prohibit Grantee from having vessels other than the 12 lobster/stone crab boats docked at the
Property, including commercial fishing boats or private boats, so long as them shall be no rafting o
conrrnercial vessels (private tenders are permitted), there is no stern docking and all vessels are
located totally within the Submerged Land Area described in the Quit Claim Deed recorded
simultaneously herewith and do not extend into the adjacent submerged land area), manufacture,
assembly, repair, maintenance or storage of traps, nets and other fishing equipment, a fish house
(after June 1, 201 or any ether similar use that may be considered as traditional working
waterfront, and there shall be a strict prohibition for any use which would not qualify a "working
waterfront" by Monroe County, Florida for purposes of determining the required percentage of
working waterfront for development rights of the Related Parcels owned by affiliates of Grantor and
more particularly described in Exhibit C-1 attached hereto.
For a period of fifty 0 years commencing from August 21, 2014 or such earlier or later date as
may be required under the County Approval, future improvements or use shall not include non -
water -dependent commercial activities, including, without limitation hotels, motels or similar
transient use.
For a period of fifty (o) gears commencing from August 21, 2014 or such earlier or later date a
may be required under the County Approval, no portion of the property, including any docking slip
may be used for residential or transient purposes, on a temporary or permanent basis. Live -aboard
vessels, as defined in F.S. § 327.02, shall be prohibited.
Notwithstanding the above, any time after ten 1 years from the date of this Warranty Deed, if
Grantee desires to use the subject property for non -Traditional Working Waterfront Uses,
Grantee may file any necessary applications to Monroe County to remove any impediments to its
desired use. Grantor agrees to cooperate with Grantee in Grantee's applications, and to execute
the release all of the restrictions set forth above, so long as Grantee's application to remove the
restrictions does not interfere or prevent or otherwise diminish Grantor or Grantor's Affiliates
from using their properties for non-traditional working waterfront uses.
To vessel shall be moored or docked on that portion of the westerly side of the Property and
designated a `Prohibited Mooring and Docking Area" as shown in the survey sketch attached hereto
as Exhibit C-.
�FIft—
:5P; c r C-
F�ch�bi+S
DocM 2041980
BkM 2756 P90 1081
Docp 1995241
Bk# 2700 Pg
Grantor, its successors or assigns, shall have the right to enforce the foregoing Covenants and
Restrictions by any proceeding at lave or in equity as follows:
(a) For violating or attempting to violate any negative or affirmative covenant
or restriction provided for herein after notice and an opportunity to cure within a reasonable
timeframe;
(b) The result of every act or omission whereby any negative or affirtrnative
covenant or restriction is violated in whole or in part is hereby declared to be and does constitute a
nuisance of irreparable harm, and every remedy allowed by law or equity with respect thereto shall
be applicable and may be exercised by Grantor and the owners of the belated Parcels;
(c) The failure to enforce the remedy provisions hereof shall in no event be
deemed a waiver of the right to do so thereafter; and
d 'where litigation shall occur to enforce said provisions or to recover darnages
or to enforce any right created herein, the prevailing party in such litigation shall be entitled to
recover court costs and reasonable attorneys' fees, including court costs and reasonable attomeys'
fees in any appellate proceeding.
Grantor further reserves for itself a navigational easement "Navigation Easement" over that
certain triangular submerged land described in Exhibit D attached hereto.
Grantee shall have for itself and assigns all rights and benefits to the navigational easement area
("Navigational Easement Area") described immediately above, not inconsistent with this reservation
of Navigational Easement by grantor for itself and their, agents, employees, guests, licensees and
invitees The easement for the Navigational Easement Area is to provide a reasonably direct and
unobstructed navigational ingress to and egress over and across the Navigational Easement Area to
adjacent waters and the nearest public waterway/channel.
Neither Grantee nor Grantor shall plane or construct any obstruction, permanent or temporary in
nature, in, on, over, under or across the Navigational Easement Area, or make any additions, repairs
or improvements to the Navigational Easement Area, including, without limitation, pilings, anchors,
mooring apparatus, or other docking structures or systems.
Grantor, Grantee and any operator of a vessel within the Navigational Easement Area shall, at all
times, comply with all navigational laws of the United Mates and the Mate of Florida and all
reasonable signs posted by Grantor, provided such signs are not inconsistent with the terms of this
Easement.
Grantee, for its successors, legal representatives and assigns, agrees to maintain the Navigational
Ex h�b
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Doc# 204180
BkU 2756 P9U 1082
ocO 10�P1� 41
8a 7
Easement Area free from unreasonable obstruction or other adverse impediments to navigation over
the Navigational Easement Area.
This navigational easement and the privileges granted herein shall be binding upon and inure to the
benefit of all parties as set forth herein, and the same shall be deemed to be perpetual covenants
running with the land.
Where litigation shall occur to enforce said provisions or to recover damages or to enforce any right
created herein, the prevailing party in such litigation shall be entitled to recover court costs and
reasonable attorneys' fees, including court costs and reasonable attorneys' fees in any appellate
proceeding.
F�ch�b��5
Dock# 2041980
BkM 2756 Pg H 1083
E HIBiT C- I Bk 27 R gq 4
RELATED PARCELS
Real Estate Number 001770-0000
Real Estate Dumber 01 7 - 00000
Deal Estate Number 001 7 80-0000 0
Real Estate Number 01 7 0-B00000
Real Estate Number 001 7380-000 0
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Doc# 2041980
BkN 2756 p9a 108,E
Docn 1995241
BkO 2700 Pgfl 44
EXHIBIT D
Grantor's Non -Exclusive Navigational Easement
On the Island of Stock Island, Monroe County, Florida, more fully described
below:
A portion of the of the "ISLAND TRUST PARCEL", A 'TRACT OF LAID ON STOCK
ISLAND BEING A PART OF BLC K 55 OF MACDONALD'S PLAT OF STOCK ISLAND D A
RECORDED IN PLAT 3001 AT PAGE 55 OF THE PUBLIC RECORDS OF MO ROE COUNTY,
FLORIDA, LYING SOUTHERLY OF FRONT STREET AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS
COMMENCE a. the intersection of the southerly right-of-way ,Tine of Fifth
Avenue and the easterly right -of -war line of Fifth Street of the Plat of Stock
Island, recorded in Plat Book 1, Page 55 of the Public Records of Monroe
County, Florida,
thence bear S 8 ° 5 ' 00" E for a distance of 1340.00 feet to the intersection
of the southerly right-of-way line of Fifth Avenue and the southeasterly
right-of-way line of Fourth Avenue;
thence bear N 4 ° 461 " E for a distance of 640.02 feet along the
southeasterly right-of-way line of Fourth Avenue;
thence, leaving the southeasterly right-of-way line e of Fourth Avenue.. bear
47" 04' 46" E for a distance of 249.61 feet:
thence bear N 420
55' 14" E for a distance of 175.00 feet to the southwesterly
right--of-way line of Front street;
thence bear S 47 ° 04 ' 4 " E for a distance of 4 51 _ 5 feet;
thence bear S 55' 3811 41" W for a distance of 165.85 feet;
thence bean S 200 391 7" W for a distance of 16.96 feet;
thence bear S 5 ' 221 10" GAT for a distance of 193,62 feet;
thence bear S 05' 5' 56" W for a distance 286.94 feet;
thence bear S 87' 06' IV W for a distance of 422.45 feet;
thence bear S 001 561 361' W for a distance of 30.07 feet to zhe POINT CF
BEGINNING, -
thence bear 3 871 08' 10for a distance of 34.65 feet;
thence bear S 4 ° 15' 4 " F for a distance of 47.09 feet;
thence bear N 00' 58` 5 6 " E for a distance of 34.29 feet back to the POINT OF
BEGINNING;
10
MONROE COUNTY
OFFICIAL RECORDS
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DocM 2041980
Exhibit 1 to Ordinance# 045 -2013
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11TH. AVE... .
The Monroe County Future land Use lap is amended
as indicated above.
Proposal- Future land Use change of eighteen parcels of land on Stock Island, having real estate numbers
00123660-000000, 00123720-000400. 001237 0-000200, 01237 0-000100. D0123720-000200, 001 3730-000100,
00123740-000000, 0 0 13770-000000. 0 012 7 90-000000. 0 0 12 7380-000000, 00127250-000000. 00127280-0D0000,
00123600-000100. 00123600-000102. 0012 600-0001 1, 00123590-000000. 0 013570-000000.
and 00135 0-000000, located on south Mack Island, from Industrial (l) to Mixed else/Commercial (PAC).
.F—
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Doc# 2041980 1 0
D 75 NO
ENGINEERING REPORT
Safe Harbor Seafood Docks
6460 Front Street, Stock Island, FL
Prepared For
Safe Harbor Seafood LLB`
6460 Front Street
Stock Island, Florida
Prepared Bv:
Richard J. Milelh, P.E.
P.E. # 58315
Meridian Engineering, LLB`
201 Front St. Ste. 203
Key West, FL 33040
(305) 293-32 3
Certificate of Authorization # 29401
MARCH 2015
Doc# 2041980
Introduction:
As requested by Safe Harbor Seafood, I visited the site on February 27 and March 1, 2015 to
provide a professional evaluation of the existing dock structures at 6460 Front Street, Stock
Island Florida (see Figure 1 Site Location Map).
The property is located on Safe Harbor and is a working waterfront for commercial fisherman.
The waterfront is divided among different owners who each have a dock structure on their
portion of the property. The clock structures vary in their degree of soundness. Some of the
structures are in need of an immediate repair to make them safe while others have recently been
repaired and may need only to be further modified to resist hurricane forces and tidal surge. The
purpose of my visit was to make a determination on the current state of the docks, document nay
observations and make recommendations.
indin
The findings of my observations will be presented for each clock. I will also include any
recommendations. Please see Table 1 for a summary of my findings at the end of the report.
Dock I (Boat R & Dock I is approximately ' 4"' wide and "- " long and is located at the
northwestern portion of the site closest to Front Street.
Photographs of the dock 1 looking north and south.
The dock structurc appears to have been recently repaired and is in good condition. The dock
decking is constructed of 20 boards with 2x6 stringers. There is a 2x 10 supporting beam along
the water side of the structure. The landward side of the structure is supported by 4A posts and
steel sign posts. The 2x1 beam i s attached to pvc pipes filled with concrete.
Dock# 2041980
r- - - - -- - - . I. 1 01% .01
Photograph of Lock 1 structure. Note PVC piles; 2x 10 beam,
1 o beam.
hotograph of the landvard side of the structure.
The rear 2x6 beam is supported by 44s and sign posts driven in the ground. Some of the 4x4s
appear to be burled and others appear to be resting on the ground.
Dock I appears to be one of the better structures on the property. The doer is currently safe in
y opinion but should be upgraded in the future by adding additional 8 to 10 inch diameter
wood pips (concrete or aluminum piles are also acceptable) on the water side of the structure
that are placed into caprock and by adding piles and/or tie downs on the landward side of the
structure.
Dock 2 (Boat Jane : Dock 2 is located directly to the south of IDock 1. The construction
materials of Dock 2 varies from 2A decking for approximately 20 ft and another 7'-" of
plywood covered deck. The portion of dock with 2x8 decking is constructed in a traditional
method using bents, stringers and decking. The existing wood members are weathered but still
functional. The beats are attached pc pipes driven into the bay bottom and filled with concrete.
The 2x8 decking areas are satisfactory for now but the lifespan of the dock is gear completion
ErUDIAN
Dock# 204180 Skq 2756 PS 1093
and should be scheduled to be replaced in the near future.
Photograph of Dock 2 showing the mix of plywood and 2x8 decking
hotograph of the 2x8 decking portion of the dock
showing the bents, pvc. pile and stringers.
The 3 4" thick plywood covered areas are not satisfactory and not safe. The plywood is attached to
2x4 wood members on the flat. There is a 2x6 supporting beam mid span of the 2x4s but that is
not sufficient for support.
Doc# 204180
Sk# 2756 P9" 1094
Photograph of the plywood portion of Dock 2
The 2.x4s on the flat span a gap between old dock timbers that are held up by 4A posts resting on
the bay bottom.
supports.
the 2x4.
Photograph of the dock timber and 4x4
The 2.x4 members on the flat are shown on top of the timber and the plywood on top o
The landward side of the doer is not secure with portions resting on the old dock timbers and on
concrete blocs.
Doch 2041980
'holograph of the landward side of Dock 2.
Photograph of the timh r and on the flat.
The plywood sections of the dock are not safe. The plywood and 2x4s should be removed from
the dock. . one possible way to stabilize the dock would be to add additional 4x4 posts to the
heavy timbers and then run a double 2x 10 beam attached to the 4x4s. A contractor could then
install 2x6 stringers 1 " on center between the beams and add 2x6 decking on top of the
stringers. This would probably be the quickest and most economical way to male this dock safe.
Dock 3 fBoat Aileen : Dock 3 is approximately 19 ft long and is located adjacent to Dock 2.
The dock has 2x6 decking with partial plywood covering. There is also are open space between
Dock 3 and Dock 4.
l
f
decking.
decking, plywood and the open space at the end.
Doch 2041980
Bk## 2756 Pg## 1096
Photograph ofDock 3 showing the 2x6
pother photograph of Dock 3 showing the 2x6
Dock 3 has 4x4 posts set in approximately 5x5 steel tubes. There are 2x 12 bents between the
4xs and the landward side. The 2x6 decking is attached to the top of the 2x 1 2s which are spaced
approximately 4 ft apart. The decking is very weathered and nearing the end of its lifespan.
Similar to most of the docks at the property it appears to be built with what was locally available
and economical. The dock is satisfactory for now in regards to being safe. However-, in the
future, the dock should be rebuilt with the stringers spaced no further than l 6"' on center. In
addition the landward edge of the dock should be secured using piers or anchored to concrete.
x
stringers and decking.
Dora 2041980 7
Photograph of Dock 3 shoving the 4x4 piers,
Photograph of the landward side of Dock 3.
Dock 4. (Boat Eileen 2/Jazlypl. Lock 4 1s similar to many of the docks at the property. Dock
is approximately 12 ft wide and 43'-" long. old dock timbers spaced approximately 9 ft apart
are running between, the landward and water ward sides of the dock. The timbers are supported
by rusty pipes. The plywood deck is built on 2x4s on the flat between the timbers. This dock is
currently not safe and should be repaired or rebuilt. Additional piles, stringers and minimum 2
decking are required. The dock could be temporarily stabilized using the same method as Dock
. The plywood and 2xs would be removed and additional 4x4s, 2x l Os and 2x6s installed.
and old timbers.
Desch 2041980
Photograph of Dock 4 showing the plywood
Photograph of the rear of the dock. The
plywood is resting on the timbers, dirt and concrete.
metal piers and 2x4s.
Photograph underneath the dole showing the
MHU DIA
Doc## 2041980
Dock 5 (Boat JlnDock 5 has been recently repaired. The decking is 2x6 on top of 2x 10
stringers. The stringers are resting on a 2x 10 beam supported by 4x4 posts resting on the bay
bottom. There is hurricane strapping between the 10 beam and stringers. The x 10 st.ringers
■ 11 1 1 - - il- - 1 --- -I-- -- ---i -,
e.
stringers are resting on the bare ground.
the hurricane ties, beam and 4x4 posts.
Photograph of Dock 5 showing 2x6 decking.
"hotograph of landward side of the dock. The
Photograph of the underside of the dock showing
MERIDIAN
r:'tiC INF..I.-RING, LLC=
Doc# 2041980 0
The dock is safe for now. The landward side reeds to be properly anchored at some pant and
larger piles should be installed on the water ward side. The deck boards should be taken up and
reinstalled so that the joints are staggered.
Dock 6 JBoat Lemonade): Dock 6 is located adjacent to Dock 5 and is in a poor state. The dock
construction is similar to Dock 4 with old timbers running between the landward side and water
ward side. The weathered and fraying plywood deck is supported by 2x4s on the flat. This dock
k could be repaired similar to dock.2 and 4.
htogrph of Dock
nother photograph of the dock.
Dock 7 (Boat Mar Dock is adjacent to Dock 6 and extends to a point where the dock
turns to the west. The first 10 ft of the clock has collapsed. The next 3 8 ft i s covered with
plywood and the last 30 ft is covered with 2x6 decking. The collapsed portion and portion
covered with plywood is not safe. The plywood portion is constructed similar to the other docks
at the site with 2x4s on the flat and 4A support piers. The 2x6 decking portion of the dock is
satisfactory with bents and stringers. The bents are supported by pc piers filled with concrete
and metal piers. The collapsed portion should be removed. The plywood portion could be
repaired using a similar method at dock 2, 4, and 6.
N1f_111I} AN
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Dodd 2041980
BkO 2756 P9# 1102
hotoraph showing the framing of the
2.x6 portion. Note the metal piers, wood bents, and stringers. The ends of the stringers are
cantilevered. It appears that new stringers were recently sistered to the old stringers. The
fasteners holding the beats to the piers are very degraded due to rust.
The 2x6 decking portion of this dock is satisfactory but the dock should be upgraded in the
future with new piers, beats, stringers and stainless steel fasteners.
Doc (Boat Ailn _Dock 8 includes approximately 29 ft covered in plywood and 40 ft
covered with 2.x6s. The dock is approximately 5 to 6 ft wide and has metal piers.
dock.
Photograph of the plywood portion of the
dock.
Doc## 2041980
Bk## 2756 P94 2203
Photograph of the 2x6 covered portion of the
Photograph of the plywood portion of the
dock. Dote the metal piers, bent and decking above. It appears that the decking spars the dock
Width without a stringer support in the middle.
support to the pier.
2x6 portion, note the nails attaching the end
.,._ -- _ .��. ran LR I i )J A N'
Doc# 2041980
UP 2756 P N 1104
Dols 8 is safe. In the future, the fasteners should be upgraded to stainless steel lag bolts or
through bolts. The piers should also be replaced in the future and additional stringers installed.
Dock 9 (Boat Blanca Ros: Dock 9 is approximately 64 ft long and 4'-" wide. The decking
appears to have been recently replaced. The
e strivers run along the landward and water
sides of the docks. The 2x6 decking spans from side to side.
15
MERIDIAN
Doc# 2041980
BkU 2756 PgM 1105
hotograph of Dock 9.
Photograph of the underside of dock 9. Note
the pvc pier filled with concrete and the 2x6 decking spanning the dock. The 2x6 decking rests
on a ledger attached to old timbers, The outside beam is attached to pvc piers.
The dock is safe for now but additional piers should be added in the future.
Dock# 2041980
BkM 2756 P # 1106
Dock 1 (Boat Mar : The dock is approximately 38 ft long and ' wide. The dock is
constructed of 2x6 decking on wood framing. I was unable to further inspect underneath the
dock due to the close proximity of the fishing vessel. The cock appears to be safe for now but
life the other docks on the property, the piers should be replaced and the framing secured.
Photograph of dock 10
holograph of dock 10 showing where the
deck hoards were replaced recently.
which is not adequately secured.
DoeN 2041980
Bko 2756 P # 1107
Photograph of the landward side of the dock
Photograph of the framing underneath the
accessible portion of the dock showing cantilevered framing and stringers.
piers.
nother photograph of the framing and pvc
1 [ N G I N 1: 1: It I NN
DocM 2041980
B O 2756 Pga 1108
Dock 11 (Boat G an d„I }: The dock has been recently rebuilt and is approximately 100 ft long.
The dock framing is similar to others that have been rebuilt. The 2x6 decking is constructed on
2.x6 stringers and 44 piers. The dock is currently safe but the 4x4 piers should replaced in the
future with concrete, wood or aluminum piers.
Photograph of Dock 11.
19 MiAli MAN
DocH 2041980 UP 2755P90 1109
Photograph of the underside of dock l l
showing the 2x6 stringers and 4A posts.
Photograph of the corner of dock 1 l which
should have a pile under it.
Dock 1 (Boat Bellah. The dock is approximately 27 ft long by 8 ft wide. The dock is covered
with plywood on 2 4 and 2x6 framing. The framing is supported by pvc pipe filled with
concrete.
2
ti5' I UNGINI-I RING L,I.0
Doc# 2041980
BkO 2756 P9U 1110
hotogr ph ofdock 12 showing the plywood
decking.
Another photograph of the plywood
dying.
D*c# 2041980
BkN 2556 pg# 111,
hotoraph of the underside of the dock
shoving the 2x6 framing
pother photograph under the dock
showing a pvc pipe filled with concrete support.
Dock 2041980
BkN 2756 P94 111
nother photograph of the pe pier
support.
The framing for this dock is difficult to evaluate due to space constraints. My recommendation is
to remove the plywood decking ing to evaluate the framing and if it is satisfactory then install 2x6
decking instead of plywood.
Dock 1 (Boat Tam The dock is approximately 15 ft long by 4 ft wide on the south end and
39 ft long by 12 ft wide on the north end. The framing consists of 20 decking on stringers
supported by an assortment of pvc and metal piers.
decking.
Photograph of the dock showing the 2x6
4ti -. E.'. C1'` FE1 ING I.1.0
Do ## 2041980
Bk# 276 P# 111
nother photograph of the decking
man
Photograph of the underside of the larger
dock showing the beats and piers.
Photograph of the underside of the smaller
dock showing the bents, stringers and decking.
MERIDIAN
DocU 2041980
Ska 2756 Pg U 1114
The dock is currently safe in my opinion. In the future the metal piers should be replaced and
stringers added to the framing.
Deli 14 Bock 14 is located along the southern portion of the property. There are at least to to
three boats that use the dock. The dock has recently been rebuilt in a similar fashion as the others
on the site by using 44 posts as piers and 26 framing and decking.
otoraph of dock 14 which runs
along the southern portion of the property to the old fish house.
hotograph ofthe underside of the
dock shoving the 4 4 piers and 2 6 framing.
25
dock showing 4x4 posts resting on the ground.
dory to approximately 4 ft ride.
DacN 2041980
Bk# 2756 P90 1115
Photograph of the landward side ofthe
hotograph ofthe dock here it narrows
MURIDIAN
been undermined and partially collapsed.
Doc# 2041980
Bk# 2756 Pga 1116
holograph of an existing slab that has
Photograph of Dock 14.
I 1:11ANN
r:N(;)Nf:[:R]N(i i_tC
OccU 2041980
BkM 2756 P9" 1117
nother photograph of the dock underside
shoving 4A posts and 2x6 stringers.
hotograph of the end of the dock
shoring the 4x4s on the ground.
Dock 14 is safe in trey opinion but will need to be upgraded in the future by anchoring the
landward side of the doer using piers and replacing the 4x4s with dock piles. The concrete slab
that has been undermined should be removed and replaced with a wooden structure similar to
one already built.
Dock 15 Dock 15 is located at the end of dock 14 and is located in front of the fish house.
thorough examination was not performed because the dock appeared to be unstable. In my
opinion the dock should be completely rebuilt.
2
f-ltII)iA:`ti
deterioratethe d state of the dock.
Discussion:
8kH 2756 PgU 1118
Photograph of dock 1
hotograph of dock 15 showing
Ire general, docks that have plywood decking require immediate attention to make them safe,
except for Dock 12 which may only require 2x6 decking. The docks that have been recently
rebuilt typically require a wood pier to 1 " diameter), concrete 1 0" or 12" precast) or
aluminum piers to replace the aging pvc piles or metal tubes. The 2x6 decking that has been
recently installed should have staggered joints. Most of the doers need to be secured on the
landward side by installing additional piles or concrete anchors. In addition, fasteners that are
rusting and no longer functioning should be replaced with 316 stainless steel minimum ' " in
diameter.
Schedule;
The permitting process should begin as soon as possible. Any work in, on or adjacent to the
water requires a permit from the Florida Department of Environmental Protection FDEP and
the Array Corps of Engineers A of . A permit from FDEP usually takes two to three months
29
URIDIA
I.NCtlNFIRINC 1.1.0
DocH 2041980
Bic# 2756 PN 1119
to obtain after it has been submitted. A permit from A OE can tale up to six months or longer to
obtain. Permits from Monroe County are also required prior to starting work. Docks that have
been renovated without permits should obtain an after -fact permit. This requires plans
documenting the existing conditions which could tale three to four weeks to prepare. once
permits have been obtained the repairs and or replacement of the doers can occur. A typical dock
will tale anywhere from 2 to 3 weeksto a month to repair and or replace the piers and framing.
Doc# 2041980
BkN 2756 PgH 1120
TABLE 1: DOCK SUMMARY TABLE
Dock Id
Current Condition
Actions Required
Schedule
I
Safe
Install additional piers on landward and water
Upgrade within 3
ward sides to anchor the dock
to 5 years
Plywood Portion — Unsafe
Remove plywood; Install piers, bents, stringers
Begin permitting
2x6 Decking - Safe
and 2x6 decking
process
Safe
Install additional piers on landward and water
Upgrade within 3
ward sides to anchor dock, add stringers
to 5 years
4
Unsafe
Remove plywood; Install piers, bents, stringers
Begin permitting
and 2x6 decking
process
Safe
Install additional piers on landward and water
Upgrade within 3
ward sides to anchor dock; stagger deck boards
to 5 years
6
Unsafe
Remove plywood; Install piers, bents, stringers
Begin permitting
and 2.6 decking
process
7
Plywood Portion — Unsafe
Remove plywood and install piers, bents, stringers
Begin permitting
6 Decking - Safe
and '.)x6 decking
process
Safe
Install additional piers on landward and water
Upgrade within 3
ward sides to anchor dock
to 5 years
Safe
Install additional piers on water ward sides to
Upgrade within
anchor dock.
to 5 years
10
Safe
Install additional piers on landward and water
Upgrade within
ward sides to anchor dock
to 5 years
11
Safe
Install additional piers on landward and water
Upgrade within
ward sides to anchor dock
to 5 years
12
Needs further evaluation
Remove plywood, evaluate existing framing and
Evaluate
install 2decking
13
Safe
Install additional piers on landward and water
Upgrade within
ward sides to anchor dock
to 5 years
14
Safe
Install additional piers on landward and water
Upgrade within
ward sides to anchor dock
to 5 years
15
Unsafe
Install piers, bents, stringers and 2x6 decking
Begin permitting
process
•� r * AF
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Sec. -27. - Unsafe buildings.
a
(b)
Doc# 2041980
BIB# 2756 Pg# 1122
EYhibit $
f nitions: All buildings, structures, electrical, gas, mechanical or plumbing systems which are
unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire or windstorm
hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a
hazard to safety or health shall be deemed to be unsafe structures by the building official or his/her
authorized designee and a permit shall be obtained to demolish the structure or where specifically
allowed by this section, to bring the building into compliance with the applicable codes as provided
herein.
Physical criteria.
(1) A building shall be deemed a fire hazard and/or unsafe when:
a. There is an accumulation of debris or other material therein representing a hazard of
combustion.
b. The building condition creates hazards with respect to means of egress and fire protection.
(2) A building, or part thereof, shall be deemed unsafe by the building official or his/her authorized
designee if
a. 'There is a falling away, hanging loose or loosening of any siding, block, brick, or other
building material; or
. There is a deterioration of the structure or structural parts; or
c. The building is partially destroyed; or
d. 'There is an unusual sagging or leaning out of plumb of the building or any parts of the
building and such effect is caused by deterioration or over -stressing; or
e. The electrical, plumbing or mechanical installations or systems create a hazardous
condition contrary to the standards of the Florida Building Code and the National Electric
Code; or
f. An unsanitary condition exists by reason of inadequate or malfunctioning sanitary facilities
or waste disposal systems; or
g. There is no potable water service or electrical service; or
h. The construction, enlargement, alteration, repair or demolition of the building or part
thereof or the impact resistant coverings of the building or construction or the installation
of systems or components within the building or structure has been commenced or
completed without a permit having been obtained as required by the Florida Building Code
or where the permit has expired prior to appropriate inspections and completion or when a
building or structure is occupied prior to the issuance of a certificate of occupancy or
certificate of completion; or
i. The building or structure is vacant and abandoned, and covered at doors or windows with
materials not previously approved by the building official; or
The building is being used illegally or improperly erl based on the Florida Building Code; or
J- g� g g y p p g
i. A change in the existing use originally approved has occurred without required
permits, inspections, and/or approvals; or
iiA change in occupancy classification of a building or structure or portion thereof has
occurred that sloes not comply with the Florida Building Code; or
iii. Maintenance of conditions of occupancy or requirements of the existing occupancy
classification of a building or structure or portion thereof does not comply with the
Florida Building Code from the time period when the building was originally
constructed or with the code in effect at the time of construction; and
Page
Dock# 2041980
Exh�bi-t- 8
1. The building or part thereof meets the physical criteria of an unsafe structure set forth
above in Section (b)(1 a or (b) and/or Section b (a)- j , as determined by the Building
Official or Fire Marshall, with proper notice as defined in Chapter -27, Section d . This
provision does not supersede the authority of the building official under the Florida
Statutes or the Florida Budding Code.
(c) Abatement:
(1) All unsafe buildings, structures or systems are hereby declared illegal and shall be abated by
repair and rehabilitation or demolition.
(2) All swimming pools or spas that contain stagnant water or do not conform with Section
2 .2.17 of the Florida Building Code are deemed unsanitary and/or dangerous to human life
and public welfare. if the stagnant water is not removed and/or all repairs made and brought
into full compliance with the building code within a reasonable period of time, then these
swimming pools or spas will be demolished.
d Notice. when the building official or his/her authorized designee has after inspection deemed a
budding, structure, electrical, gas, mechanical or plumbing system to be unsafe, then the building
official or his/her authorized designee shall provide a written unsafe declaration specifying the
unsafe physical criteria, the suggested methods for abatement or remediation, the time allowed for
the abatement or rerne Nation and that the matter will be referred to code compliance after the time
prescribed by the building official for that particular declaration. The written unsafe declaration
shall be marled to the owner of the property in question at the address listed in the tax collector's
office for tax notices via first class mail. If the unsafe physical criteria is not abated or remedied
within the designated reasonable period of time prescribed by the building official or his/her
designee, then the matter shall be referred to code compliance. This provision does not supersede
the authority of the building official under the Florida Statutes or the Florida Building Code.
(Cock 1971). � 0-4- E-LI . No, 0 10-,{ }0 01,& No. 01 .. 20WS. � � 1. 2. (4d , No. () `- 2()1 1. 1 �
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