Item O5��I'l
! ' l! 11111 ill' 11 11111, ' ill 0 1, 1 1,
Meeting Date: June 10, 2015 Division: Growth Managemen
Bulk Item: Yes No X Staff Contact Person/Phone #: Christine Hurley 289-2517
Ma3qd Santamaria 289-2562
AGENDA ITEM WORDING: A public hearing to adopt a resolution approving a Development Agreement, pursuant to
Chapter 163.3220 F.S., between Monroe County, Florida; Roger Bernstein, as Trustee of the Benjamin Bernstein 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, 1989) agreeing to a conceptual plan to redevelop property located at 5700 Fourth
Avenue, 5550 Fifth Avenue and 6500 Front Street on Stock Island. (Statutorily Required Public Hearing)
ITEM BACKGROUND:
The requested agreement relates to the redevelopment of the property to include marina uses, heavy and light industrial
uses (including 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 density, under maximum net density,
would not exceed 122 transient residential units (in the form of hotel rooms).
Not including accessory structures related to the transient residential uses, the nonresidential floor area would not exceed
40,000 square feet. At least 35% of the upland area of the properties shall be reserved for working waterfront and water
dependent uses. At least 20% of the dockage shall be reserved for commercial fishing vessels. New residential or
nonresidential buildings shall not exceed 35 feet in height. Public access will be allowed from 7:00 am until dusk.
Additional requirements added to development agreement to ensure public health, safety and welfare are protected and to
establish specific timeframes to ensure the Properties are brought into compliance with County Codes; including:
6 month timeframe for the removal and clean-up of all excess trash and debris; I year timeframe for either demolition
permits or building permits, as necessary, for elimination of all upland unsafe and/or unpem-iitted structures; and a
timeframe for all required Federal, State, and Monroe County permits for the demolition, repair or redevelopment of
unsafe and/or unpermitted docking facilities. Timeframe recommendations were provided by the Building Official to
ensure public safety is protected. If the terms of the compliance schedule are not met, the development agreement is
voidable at the sole option of the County.
At the April 15, 2015 BOCC meeting, commercial fisherman representing Safe Harbor Seafood, LLC, discussed the
requirement of providing a public access walkway along the shoreline and presented information to the BOCC concerning
security and physical constraints of their property. The BOCC discussed a sidewalk option for continuity of public access,
without a public access walkway along the shoreline of the Safe Harbor Seafood, LLC, property so long as it is used
100% for commercial fishing uses.
During a public meeting held on September 18, 2014, the Development Review Committee reviewed the development
agreement and recommended approval. During a public hearing held on October 29, 2014, the Planning Commission
reviewed the agreement and recommended approval.
PREVIOUS RELEVANT BOCC ACTION:
In 2013, an amendment to the FLUM 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 #045-2013, approved by the
BOCC at a public hearing on December 11, 2013.
At the January 21, 2015 BOCC meeting, the BOCC continued this agenda item to the March 18, 2015 meeting.
At the March 18, 2015 BOCC meeting, the BOCC continued this agenda item to the April 15, 2015 meeting.
At the April 15, 2015 BOCC meeting, the BOCC continued this agenda item to the June 10, 2015 meeting
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: Staff recommends approval.
TOTAL COST: INDIRECT COST:
DIFFERENTIAL OF LOCAL PREFEREVCE:
1 ► 0
SOURCE OF FUNDS: a
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APROVED BY: County Atty X—sl�il OMB/Purchasing — Risk Manag I
I 1101"Nil pley V, ► 1 0 , 4
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IIIISPOSITION: AGENDA
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COUNTY,• • Ir AND HAVING REAL ESTATE (RE)
NUMBERS00123600.000100, 00123770.000000,
00127250.000000, 00127280.000000,00127290.000000 r
00127380.000000.
WHEREAS, during a public meeting held on June 10, 2015 the Monroe County Board
of County Commissioners conducted a public hearing to review and consider a request filed by
Attorney Barton W. Smith, on behalf of Roger Bernstein, as Trustee of the Benjamin Bernstein
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, 1989), for a development
agreement in accordance with § 110-132 and § 110-133 of the Monroe County Code and Florida
Statutes Sec. 163.3220 et. seq., the "Florida Local 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 (including 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 1 of 4
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 is currently used for commercial fishing
uses and after consideration of the security and physical constraints of the parcel, the Monroe
County BOCC has determined a public access walkway shall not be required on the Safe Harbor
Seafood Property so long as it is used 100% 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
V W W W W W 9 9
WHEREAS, based upon the information and documentation submitted, the Board of
County Commissioners makes 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 (MC) 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 (I) to
Mixed Use/Commercial (MC). The approval is memorialized by Ordinance #045-
2013, approved by the Board of County Commissioners at a public hearing on
December 11, 2013; and
Page 2 of 4
3. Section 163.3220, Florida Statutes, authorizes Monroe County to enter 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 cost of development; and
4. The development 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; and
5. Development shall not be inconsistent with the Monroe County Code; and
6. 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
8. Development shall not be inconsistent with the Principles for Guiding Development
in the Florida Keys Area of Critical State Concern; and
9. 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 makes the following Conclusions of Law:
1. The request is consistent with the provisions and intent of the Monroe County Code;
2. 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 as the Stock Island/Key Haven CommuniKeys
Plan;
4. The request is consistent with the Principles for Guiding Development in the Florida
Keys Area of Critical State Concern;
5. The 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;
Page 3 of 4
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the preceding Findings of
Fact and Conclusions of Law support its decision to APPROVE the Development Agreement
attached hereto.
lyj 01) 11 IFM OP Lail ter,
Mayor Danny L. Kolhage
Mayor pro tem Heather Carruthers
Commissioner Sylvia Murphy
Commissioner George Neugent
Commissioner David Rice
111 ff0 M 0 0
OR Lei a kyj 10) 0 1 Ikke, ; Mel 810 1 WORM , �
IM
Mayor Danny L. Kolhage
(SEAL)
ATTEST: AMY HEAVILIN, CLERK
Deputy Clerk
0 T-Njl M01 4101011] Z k
0
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THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into on the _ day
of 2015, by and between MONROE COUNTY, FLORIDA, a
Political Subdivision of the State of Florida ("Monroe County"), ROGER BERNSTEIN, as
Trustee of the Benjamin Bernstein Trust B, ("Bernstein Trust") and SAFE HARBOR
SEAFOOD LLC, successor in interest of JOSEPH R. RACKMAN and JEFFREY W.
BOLOTIN, as Trustees of the Island Trust Agreement, dated March 10, 1989 ("Safe Harbor
Seafood") (collectively, the "Parties"), pursuant to Sections 110-132, 110-133, and 130-162 of
the Monroe County, Florida, Code of Ordinances ("Monroe County Code"), and the Florida
Local Government Development Agreement Act, Florida Statutes Sections 163.3220-163.3243
(2013), and is binding on the "Effective Date" set forth herein:
'y/ I IN J ,'
The Parties hereby agree as follows:
A. This Agreement involves the development of properties located at 5550 Fifth Avenue, 5700
Fourth Avenue and 6460 Front Street, South Stock Island, Florida, MM 5. The properties
shall be referred to in this Agreement collectively as the "Properties." The parcel owned by
the Benjamin Bernstein Trust B, Monroe County Parcel ID 00123770-000000, 00127250-
000000, 00127280-000000, 00127290-000000, 00127380-000000, consisting of
approximately 9.52 Upland acres and 9.63 Submerged acres of land, shall be referred to
collectively as the `Bernstein Property." The parcel owned by Safe Harbor Seafood, Monroe
County Parcel ID 00123600-000100, consisting of approximately 3.11 Upland acres and 1.61
Submerged acres of land, shall be referred to as the "Safe Harbor Seafood Property."
B. This Agreement requires the preservation of at least 35% of the upland area of the Properties
for working waterfront and water dependent uses such as commercial fishing, marina,
including short term and long term dockage, fish house/market, boat repair, boat building,
boat storage or other similar uses, but excluding transient uses ("Traditional Working
Waterfront Uses"). The entirety of the upland portion of the Safe Harbor Seafood Property
and, at a minimum, at least 1.30 upland acres of the Bernstein Property shall be preserved for
Traditional Working Waterfront Uses.
C. All Parties have the authority to enter into this Agreement through Florida Statutes Chapter
163 and the sole and undivided ownership of the Properties.
D. Section 163.3220, Florida Statutes, authorizes Monroe County to enter into development
agreements with landowners and/or governmental agencies to encourage a stronger
commitment to comprehensive and capital facilities planning, ensure the provision of
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adequate public facilities for development, encourage the efficient use of resources, and
reduce the economic cost of development.
E. 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 is proposed. The Policy is intended
to permit the redevelopment of such parcels to accommodate tourism while maintaining the
character of working waterfronts.
I. Monroe County Code Section 130-166 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 5550 Fifth
Avenue and 5700 Fourth Avenue, South Stock Island, Florida 33040. 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.
3. As of the date of this Agreement, the Bernstein Property is assessed by the Monroe
County Property Appraiser as real estate numbers 00123770-000000, 00127250-000000,
00 127280-000000, 00127290-000000, 00127380-000000.
Page 2 of 24
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4. The Bernstein Property currently has a Maritime Industries ("MI") 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 is
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 fishing.
2. A complete legal description of the Safe Harbor Seafood Property is attached hereto and
incorporated herein as Exhibit 5.
3. As of the date of this Agreement, the Safe Harbor Seafood Property is assessed by the
Monroe County Property Appraiser as real estate number 00123600-000100.
4. The Safe Harbor Seafood Property currently has Maritime Industries rmn 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 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 III.
6. The Safe Harbor Seafood Property consists of 3.11 Upland acres and 1.61 Submerged
acres of land.
A. The overall purpose of this Agreement is to allow 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.
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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
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
Master Plan for the Future Development of Stock Island and Key Haven, and the Monroe
County Code.
C. The Agreement allows the Parties to implement the provisions of Monroe County
Comprehensive Plan Policy 101.4.5 as applied to the Properties in order to provide for the
establishment of mixed use development patterns, including transient residential uses and
Traditional Working Waterfront Uses.
D. This Agreement will allow for a reasonable use of the Bernstein Property and Safe Harbor
Seafood Property by allowing for development of a significant portion of the Bernstein
Property for transient residential uses while preserving working waterfront and water
dependent uses on a portion of the Bernstein Property and all of the Safe Harbor Seafood
Property.
E. To protect the public health, safety and welfare and establish specific timeframes to ensure the
Properties are brought into compliance with County Codes. Code Compliance shall inspect
the Properties at conclusion of each timeframe listed below. If the terms of the compliance
schedule are not met, the development agreement is voidable at the sole option of the County
at a public hearing of the Board of County Commissioners.
1. Debris: Six (6) month timeframe for the removal and clean-up of all excess trash and
debris existing as of the Effective Date. After clean up, the Properties shall remain in a
safe and sanitary condition similar to other working waterfront commercial operations
with designated trash debris locations and with regular waste removal.
2. Upland Structures: One (1) year timeframe for demolition permits for the elimination of
all unsafe and/or unpermitted structures existing as of the Effective Date or building
permits, as necessary, to bring the structures existing as of the Effective Date into
compliance.
3. Docking Facilities:
a.For the unsafe and/or unpermitted docking facilities on the Bernstein Property
existing as of the Effective Date of this agreement, the applicant shall apply for state,
federal and county permits within 6 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 shall become null and void. Necessary repairs to be
completed within 2 years from issuance of state, federal and county permits.
b.For the unsafe and/or unpermitted docking facilities on the Safe Harbor Seafood
Property existing as of the Effective Date of this agreement, the docking facilities
shall receive all required Federal, State, and Monroe County permits for the
demolition, repair or redevelopment and final inspections within the timeframe
provided in the below table.
c.Docking facilities deemed 'unsafe' on the Safe Harbor Seafood, LLC, property shall
not be utilized and the property owner agrees to demolish the docking facilities.
Page 4 of 24
1 d.The Safe Harbor Seafood property owners agree to hold the County harmless, now
2 and forever, from any liability related to use and repair of the docking facilities.
3 e.A copy of the Engineering Report by Richard J. Milelli, P.E. (#58315) for the Safe
4 Harbor Seafood docks, dated March 5, 2015, is attached hereto and incorporated
5 herein as Exhibit 7. A copy of the Monroe County Code Section 6-27 is attached
6 hereto and incorporated herein as Exhibit 8.
7
Current Condition based
Actions Required
Dock
on Engineering Report
from Engineering
County recommended action pursuant to
Id
by Richard J. Welli,
Report by Richard J.
Code Section 6-27. - Unsafe buildings
P.E. (#58315)
Mflelli, 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 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 6
months of effective date of agreement. Necessary
Remove plywood;
repairs to be commenced within 6 months of
Plywood Portion -Unsafe
Install piers, bents,
issuance of state, federal and county permits with no
2
2x6 decking -Safe
stringers and 2x6
lapses in permits attributable to the applicant,
decking
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.
Unsafe should not be used.
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
on landward and
issuance of state, federal and county permits with no
3
Safe
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
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 effective date of agreement.
decking
Unsafe should not be used.
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
on landward and
issuance of state, federal and county permits with no
5
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
6
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 6
months of effective date of agreement. Necessary
repairs to be commenced within 6 months of
Remove plywood;
issuance of state, federal and county permits with no
7
Plywood Portion -Unsafe
Install piers, bents,
lapses in permits attributable to the applicant,
2x6 decldng -Safe
stringers and 2x6
otherwise the development agreement is voidable at
decking
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 6
months of effective date of agreement. Necessary
repairs to be commenced within 6 months of
Install additional piers
issuance of state, federal and county permits with no
8
Safe
on landward and
lapses in permits attributable to the applicant,
waterward sides to
otherwise the development agreement is voidable at
anchor dock
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
Deemed unsafe by County Code
Apply for state, federal and county permits within 6
months of effective date of agreement. Necessary
repairs to be commenced within 6 months of
Install additional piers
issuance of state, federal and county permits with no
9
Safe
on waterward sides to
lapses in permits attributable to the applicant,
anchor dock
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 6
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
10
Safe
waterward sides to
lapses in permits attributable to the applicant,
anchor dock
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 6
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
11
Safe
waterward sides to
lapses in permits attributable to the applicant,
anchor dock
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 6
months of effective date of agreement. Necessary
Remove plywood,
repairs to be commenced within 6 months of
Needs further evaluation
evaluate existing
issuance of state, federal and county permits with no
12
framing and install 2x6
lapses in permits attributable to the applicant,
decking
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.
Page 7 of 24
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
on landward and
issuance of state, federal and county permits with no
13
Safe
waterward sides to
lapses in permits attributable to the applicant,
anchor dock
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 6
months of effective date of agreement. Necessary
Install additional piers
repairs to be commenced within 6 months of
14
Safe
on landward and
issuance of state, federal and county permits with no
waterward sides to
lapses in permits attributable to the applicant,
anchor dock
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
Install piers, bents,
15
Unsafe
stringers and 2x6
Apply for demolition permit and demolish within 2
decking
months of effective date of agreement.
Unsafe should not be used.
Page 8 of 24
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I I I W.1" 114 D1 93 1 DION a :4 Bills) 1:4 ploi 101" K
A. Recitals. The recitals explaining the intent and purpose of the project as set forth in the
preceding clauses are incorporated herein and form a material part of this Agreement. The
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
following.
B. Legal Description and Ownership. The legal descriptions for the Properties subject to this
Agreement are set forth in Exhibits 2 and 5.
C. Duration of Agreement. This Agreement shall remain in effect for ten (10) years from the
"Effective Date" as defined herein, and may be extended by mutual consent of the Parties
and approval at a public hearing, in accordance with Section 163.3229, Florida Statutes. For
the duration of this Agreement, the Parties agree that any development shall comply with and
be controlled by this Agreement, the Monroe County Code, and the Monroe County
Comprehensive Plan governing the development of land in effect on the date of execution of
this Agreement, in accordance with Section 163.3220, Florida Statutes.
D. Permitted Uses.
1. The Properties currently have a MI Land Use (Zoning) District designation and a
corresponding Mixed Use/Commercial (MC) Future Land Use Map designation.
a. In accordance with this Agreement and with the MC Future Land Use Map
category, as set forth in Monroe County Comprehensive Plan Policy 101.4.5, the
permitted uses in the MC Future Land Use Map category include commercial retail;
office; employee housing; commercial apartments; maritime industry; light industrial;
commercial fishing; institutional, public, and transient and permanent residential
dwelling.
b. Policy 101.4.5:
The principal purpose of the Mixed Use/ Commercial land use category is to
provide for the establishment of commercial land use (zoning) districts where
various types of commercial retail and office may be permitted at intensities
which are consistent with the community character and the natural environment.
Employee housing and commercial apartments are also permitted. In addition,
Mixed Use/Commercial land use districts are to establish and conserve areas of
mixed uses, which may include maritime industry, light industrial uses,
commercial fishing, transient and permanent residential, institutional, public, and
commercial retail uses.
This land use category is also intended to allow for the establishment of mixed
use development patterns, where appropriate. Various types of residential and
non-residential uses may be permitted; however, heavy industrial uses and
similarly incompatible uses shall be prohibited. The County shall continue to take
Page 9 of 24
I
a proactive role in encouraging the maintenance and enhancement of community
2
character and recreational and commercial working waterfronts.
3
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In order to protect environmentally sensitive lands, the following development
5
controls shall apply to all hammocks, pinelands, and disturbed wetlands within
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this land use category:
7
1. only low intensity commercial uses shall be allowed;
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2. a maximum floor area ratio of 0.10 shall apply; and
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3. maximum net residential density shall be zero.
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In order to preserve and promote recreational and commercial working waterfront
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uses, as defined by 342.07, F.S., the following criteria shall apply to all lands
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designated with the Maritime Industries (MI) land use (zoning) district within this
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land use category:
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1. When a mixture of uses is proposed for parcels designated as MI land use
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(zoning) district, working waterfront and water dependent uses, such as
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marina, fish house/market, boat repair, boat building, boat storage, or other
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similar uses but excluding transient uses, shall be preserved by maintaining
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a minimum of 35% of the upland area of the property for those uses.
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2. Parcels within the MI zoning district that have existing wet slips shall
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preserve at least 20% of the wet slips for vessels involved with recreational
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and commercial working waterfront uses, excluding live -aboard vessels
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solely used as a residence and not for navigation.
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3. Parcels within the MI zoning district creating new wet slips shall preserve
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at least 10% of the wet slips for vessels involved with recreational and
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commercial working waterfront uses, excluding live -aboard vessels solely
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used as a residence and not for navigation.
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4. The preservation of dockage for recreational and commercial working
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waterfront uses shall be documented on the final development plan and shall
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be a written condition of any permit approval.
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5. For permanent residential development, parcels within the MI zoning
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district shall be limited to commercial apartments or employee housing.
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Commercial apartment means an attached or detached residential dwelling
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unit located on the same parcel of land as a nonresidential use that is
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intended to serve as permanent housing for the owner or employees of that
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nonresidential use. The term does not include a tourist housing use or
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vacation rental use.
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6. The preservation of a public access walkway shall be required for all
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parcels with direct access to the water. Consideration shall be given to
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security and the physical constraints of the parcel. The public access
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walkway shall be documented on the final development plan to link a
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continuous walkway and shall be a written condition of any permit approval.
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7. Parcels within the MI zoning district shall be limited to commercial retail
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uses of less than 5,000 square feet of floor area.
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Page 10 of 24
I c. In accordance with this Agreement and with the MI Land Use (Zoning) District, as set
2 forth in Monroe County Code Section 130-85, and in compliance with other
3 provisions of the Code, the permitted uses in the MI Land Use (Zoning) District
4 include boat building, repair and storage; commercial fishing; commercial retail uses;
5 commercial retail; hotels; marinas; and accessory uses.
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7 d. Code Section 130-85 provides, in pertinent part:
8 (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 of less than 5,000 square feet of floor area;
12 (4) Light and heavy industrial uses;
13 (5) Commercial apartments involving less than six dwelling units, but tourist
14 housing uses, vacation rental use, of commercial apartments is prohibited;
15 (6) Commercial fishing;
16 (7) Manufacture, assembly, repair, maintenance and storage of traps, nets and
17 other fishing equipment;
18 (8) Institutional uses;
19 (9) Public buildings and uses;
20 (10) Accessory Uses;
21 (11) Vacation rental use of any nonconforming dwelling units if a special
22 vacation rental permit is obtained under the regulations established in
23 section 134-1
24 (12) Replacement of an existing antenna -supporting structure pursuant to
25 section 146-5(2);
26 (13) Collocations on existing antenna -supporting structures, pursuant to
27 section 146-5(3);
28 (14) Attached wireless communications facilities, as accessory uses, pursuant
29 to section 146-5(4);
30 (15) Stealth wireless communications facilities, as accessory uses, pursuant
31 to section 146-5(5); and
32 (16) Satellite earth stations, as accessory uses, pursuant to section 146-5(6).
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34 (b) The following uses are permitted as minor conditional uses in the maritime
35 industries district, subject to the standards and procedures set forth in chapter 110,
36 article III:
37 (1) Commercial apartments involving more than six dwelling units,
38 provided that:
39 a. 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.S. I 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. I by at least 400 feet;
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c. Tourist housing uses, including vacation rental use of
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commercial apartments is prohibited;
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(2) Hotels of fewer than 50 rooms, provided that:
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a. The use is compatible with established land uses in the
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immediate vicinity; and
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b. One or more of the following amenities are available to guests:
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1. Swimming pool;
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2. Marina; and
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3. Tennis courts;
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(3) New antenna -supporting structures, pursuant to section 146-5(1).
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(c) The following uses are permitted as major conditional uses in the maritime
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industries district, subject to the standards and procedures set forth in chapter 110,
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article III:
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(1) Hotels providing 50 or more rooms, provided that:
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a. The hotel has restaurant facilities on or adjacent to the premises;
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and
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b. Access to U.S. 1 is by way of:
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1. An existing curb cut;
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2. A signalized intersection; or
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3. A curb cut that is separated from any other curb cut on
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the same side of U.S. 1 by at least 400 feet;
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(2) Marinas, provided that:
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a. The parcel proposed for development has access to water at least
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four feet below mean sea level at mean low tide;
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b. The sale of goods and services is limited to fuel, food, boating,
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diving and sport fishing products.
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c. All outside storage areas are screened from adjacent uses by a
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solid fence, wall or hedge at least six feet in height; and
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d. Each nonwaterside perimeter setback of the parcel proposed for
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development must have a class C bufferyard within a side yard
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setback of ten feet;
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(3) Mariculture, provided that:
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a. The use is compatible with land uses established in the
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immediate vicinity of the parcel proposed for development;
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b. The parcel proposed for development is separated from any
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established residential uses by at least a class C bufferyard; and
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c. All outside storage areas are screened from adjacent uses by a
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solid fence, wall or hedge at least six feet in height;
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(4) Land use overlays A, E, PF, subject to the provisions of article IV of
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this chapter;
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(5) Wastewater treatment facilities and wastewater treatment collection
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systems serving uses located in any land use district, provided that:
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a. The wastewater treatment facility and wastewater treatment
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collection systems are in compliance with all federal, state, and
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local requirements;
Page 12 of 24
1 b. The wastewater treatment facility, wastewater treatment
2 collection systems and accessory uses shall be screened by
3 structures designed to be architecturally consistent with the
4 character of the surrounding community and minimize the impact
5 of any outdoor storage, temporary or permanent; and
6 c. In addition to any district boundary buffers set forth in chapter
7 114, Article IV, a planting bed, eight feet in width, to be measured
8 perpendicular to the exterior of the screening structure shall be
9 established with the following:
10 ...
11 e. The height of any new or substantially improved structure associated with the
12 redevelopment of the Bernstein Property shall not exceed 35 feet, except as provided
13 in Monroe County Code, as amended.
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15 E. Public Facilities.
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17 1. The Florida Keys Aqueduct Authority provides domestic potable water to the Properties.
18 Excluding existing development that may already be metered, the Florida Keys Aqueduct
19 Authority will meter any new development.
20
21 2. Keys Energy Services provides electric service to the Properties. Excluding existing
22 development that may already be metered, Keys Energy Services will meter any new
23 development. In addition, excluding existing development that may already be metered,
24 Keys Energy Services will meter other types of development accordingly.
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26 3. Solid waste service is provided to each property by a solid waste collection system
27 franchised by Monroe County.
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29 4. The Properties are connected to central sewer via KW Resort Utilities Corp.'s system.
30
31 F. Reservation or Dedication of Land. This agreement does not entail the reservation or
32 dedication of land.
33
34 G. Development Allowed. The following specific criteria are those which will guide
35 development of the Properties, and are standards by which any further approvals shall be
36 measured and shall be as follows:
37
38 a. The Bernstein Property consists of 19.14 gross acres consisting of 9.52 acres of
39 upland and 9.63 acres of submerged land
40
41 b. Provided such development can be designed and approved by all applicable regulations
42 and cumulative density/intensity provisions, including but not limited to the Monroe
43 County Comprehensive Plan, Monroe County Code and Florida Building Code, the
44 Properties are permitted to develop the following buildings, facilities and structures
45 on the Bernstein Property pursuant to this Agreement:
46
OMIKEM,
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i. Up to and including one hundred twenty two (122) hotel rooms to be developed
into a hotel.
ii. A restaurant with up to 150 seats and up to 4,000 square feet of floor area.
iii. Up to Forty Thousand (40,000) 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 10,000 square feet.
v. 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 1.4.5:
(a) at least 20% 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.
(c) 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 parcels
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
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Code, the Properties are permitted to develop the following buildings, facilities and
structures on the Safe Harbor Seafood Property pursuant to this Agreement:
L All 3.11 upland acres shall be developed and used for Traditional Working
Waterfront Uses, pursuant to Policy 101.4.5:
(a) at least 20% 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.
(c) the preservation of dockage for 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 parcels
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.
ii. The Safe Harbor Seafood Property is currently used for commercial fishing uses.
After consideration of the security and physical constraints of the parcel, Monroe
County BOCC has determined a public access walkway shall not be required on
the Safe Harbor Seafood Property so long as it is used 100% for commercial
fishing uses, including, but not limited to, operating a fish house. Through the
Conditional Use and site plan approval process for these properties, consideration
of alternative options for a walkway (5 foot sidewalk) shall be given to the
Properties, as shown on Exhibit 9. If the Safe Harbor Seafood Property changes
from a commercial fishing use to another working waterfront use, the property
shall require a public access walkway, unless a specific finding is made by
Monroe County BOCC that the proposed use's security and the physical
constraints of the parcel limit the public access walkway.
H. Required Permits. The following list of all development permits approved or needed to be
approved for the redevelopment of the Properties, as specified in this Agreement:
a. One (1) year timeframe for demolition permits for the elimination of all unsafe and/or
unpermitted upland structures existing as of the Effective Date or building permits, as
necessary, to bring the structures existing as of the Effective Date into compliance.
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b. All required Federal, State, and Monroe County permits for the demolition, repair or
redevelopment of unsafe and/or unpermitted docking facilities as specified in section
II.E. of this agreement.
c. Conditional Use Approval and Building Permits will be required for the development of
the Properties into a hotel or any other conditional use permitted under Monroe County's
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
permits for the hotel use, the Properties shall have addressed all code compliance issues
existing as of the Effective Date.
d. Pursuant to the requirement of a public access walkway for all parcels with direct access
to the water in Policy 101.4.5 of the Comprehensive Plan, through the Conditional Use
and site plan approval process, consideration of alternative options for a walkway shall be
given to the Properties, as shown on Exhibit 9. Alternate options shall be provided for
the Safe Harbor Seafood Property with security and physical constraints which impact the
property being used 100% as a commercial fishing use. As used in this agreement,
"Commercial fishing use" means any type of activity conducted on land, requiring the
location or storage of commercial fishing equipment such as fishing vessels, fishing gear,
docks, piers, loading areas, landing areas, and cold storage facilities, including any
activity necessary to prepare finfish or shellfish for refrigeration. If the use of the
property, shown in Exhibit 9, with the physical constrains is changed from commercial
fishing to another working waterfront use, a public access walkway shall be installed as
approved through a conditional use approvals and building permits, unless a specific
finding is made by Monroe County that the proposed uses security and the physical
constraints of the parcel limit the public access walkway.
I. Military Installation Area of Impact. The Properties acknowledges and understands the
Property and proposed development is within the Military Installation Area of Impact
Overlay as defined by the Monroe County Comprehensive Plan. The Properties are located
in the 60 — 64 DNL (Day -Night Average Sound Level) noise contours pursuant to the 2013
Navy Final Environmental Impact Statement. While not within a 65 DNL Noise Zone or
greater, the Properties agree to sound attenuate all habitable buildings and shall strive to
achieve an outdoor to indoor Noise Level Reduction Level (NLR) of at least 25 decibels.
Normal permanent construction can be expected to provide a NLR of 20 dB.
J. Finding of Consistency. By entering into this Agreement, Monroe County finds that the
development permitted or proposed herein is consistent with the Monroe County
Comprehensive Plan and Monroe County Code.
K. Breach, Amendment, Enforcement, and Termination.
a. Material Breach: A material breach by the Parties is the failure of any Party to
comply with the terms of this Agreement after Notice as provided herein.
b. Notice: Upon any Party's material breach of the terms and conditions of this
Agreement, the non -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 (90) 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 (90) 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 does not apply to sections II.E. and IR.K.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 163.3233(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 approved and executed by the Parties.
iii. 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 seeking 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:
After notice and an opportunity to respond and/or 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 II.E. 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 163.3215(2), Florida Statutes,
may file an action for injunctive relief in the Circuit Court of Monroe County to
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enforce the terms of this Agreement or to challenge compliance with the
provisions of Sections 163.3243, Florida Statutes.
iii. Nothing contained herein shall limit any other powers, rights, or remedies that
either party has, or may have in the future, to enforce the terms of this Agreement.
L. Binding Effect of Agreement. The covenants, agreements, and obligations herein contained,
except as herein otherwise specifically provided, shall extend to, bind and inure to the benefit
of the Parties hereto and their respective personal representatives, heirs, successors and
assigns.
M. State and Federal Law. If State or Federal laws enacted after the effective date of this
Agreement preclude either Party's compliance with the terms of this Agreement, this
agreement shall be modified as is necessary to comply with the relevant State or Federal
Laws.
N. Compliance with Other Laws. The failure of this Agreement to address a particular permit,
condition, term, or restriction shall not relieve the Parties of the necessity of complying with
the laws governing said permitting requirements, conditions, terms or restrictions.
O. Reservation of Rights. This Agreement shall not affect any rights, which may have accrued
to any party to this Agreement under applicable law. The Parties reserve any and all such
rights. All approvals referenced in this Agreement are subordinate to compliance with all
applicable laws, codes, and land development regulations and permits, except to the extent
otherwise provided for in this Agreement.
P. No Permit. This Agreement is not and shall not be construed as a Development Permit,
Development Approval or authorization to commence development, nor shall it relieve the
Parties other than Monroe County of the obligations to obtain necessary Development
Approvals that are required under applicable law and under and pursuant to the terms of this
Agreement and Monroe County Code.
Q. Good Faith; Further Assurances; No Cost. The Parties to this Agreement have negotiated
in good faith. It is the intent and agreement of the Parties that they shall cooperate with each
other in good faith to effectuate the purposes and intent of, and to satisfy their obligations
under, this Agreement in order to secure themselves the mutual benefits created under this
Agreement. The Parties agree to execute such further documents as may be reasonably
necessary to effectuate the provisions of this Agreement; provided that the foregoing shall in
no way be deemed to inhibit, restrict or require the exercise of Monroe County's police
power or actions of Monroe County when acting in a quasi-judicial capacity. Wherever in
this Agreement a provision requires cooperation, good faith or similar effort to be undertaken
at no cost to a party, the party co-operating, reviewing or undertaking the effort shall,
nonetheless, bear its cost of attendance at meetings, hearings, or proceedings and comment
and/or execution of documents, inclusive of the expense of its counsel.
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R. Successors and Assigns. 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. Joint Preparation. This Agreement has been drafted with the participation of the 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 term "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. Notices. 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
1100 Simonton Street
Room 2-205
Key West, Florida 33040
Robert Shillinger, Esq.
County Attorney
PO Box 1026
Key West, Florida 33041
and
1111 12th Street, Suite 408
Key West, Florida 33040
The address of Bernstein Trust shall be:
C/O Roger Bernstein, Esq.
P.O. Box 144235
Coral Gables, FL 33114-4235
And a copy to:
61IMMOMINT-4 M=N�
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138 - 142 Simonton Street
Key West, Florida 33040
C/O Ricardo Diaz, MGR
1025 18'h Terrace
Key West, Fl, 33040
NM.. •M
Erica Hughes -Sterling, Esq.
500 Fleming Street
Key West, Fl, 33040
It is the responsibility of the Parties to promptly notify all other Parties of any change in
name or address for receipt of notice, demand, request, or replies.
U. Force Majeure. Any prevention, delay or stoppage due to strikes, lockouts, labor disputes,
acts of God, inability to obtain labor or materials or reasonable substitutes therefore, riot,
civil commotion, fire or other casualty and other causes beyond the reasonable control of the
party obligated to perform, excluding the financial inability of such party to perform and
excluding delays resulting from appeals or rehearing, shall excuse the performance by such
party for a period equal to any such period of prevention, delay or stoppage. In order to avail
itself of this force majeure provision, the party invoking the same shall provide the other
party with a written notice that shall consist of a recitation of all events that constitute force
majeure events under this Section, together with the beginning and ending dates of such
events.
V. Construction. This Agreement shall be construed in accordance with the laws of the State of
Florida. The Parties to this Agreement have participated fully in the negotiation and
preparation hereof-, and, accordingly, this Agreement shall not be more strictly construed
against any one of the Parties hereto. In construing this Agreement, the use of any gender
shall include every other and all genders, and captions and section and paragraph headings
shall be disregarded. All of the exhibits attached to this Agreement are incorporated in, and
made a part of, this Agreement.
W. Omission. The Parties hereto recognize and agree that the failure of this Agreement to
address a particular permit, condition, terms or restriction shall not relieve either Party of the
necessity of complying with the law governing said permitting requirements, conditions,
term, or restriction notwithstanding any such omission.
X. Jurisdiction and Governing Law. The Parties hereto agree that any and all suits or actions
at law shall be brought in Monroe County, Florida and no other jurisdiction. This Agreement
shall be construed and interpreted under the laws of the State of Florida.
Page 20 of 24
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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
attorney'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.
AA. 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 whom enforcement of such change
would be sought and subject to the requirements for the amendment of development
agreements in the Act.
1313. 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.
CC. 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 force and effect during the term provided herein and
shall be binding upon all successors in interest to the Parties to this Agreement.
DD. Conflicting Resolutions. All resolutions or parts 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 (45) 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 date the appeal is
resolved.
Page 21 of 24
[Balance of this page intentionally left blank, signature page to followl
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IN WITNESS WHEREOF, the Parties hereto have set their hands and seals on the day and year
below written.
M, 0 D I's FA Z
LO-Ta
Title:
nntp-
The foregoing instrument was acknowledged before me on this — day of
2015, by Ricardo Diaz, Manager of Safe Harbor Seafood, LLC. He is personally known to me
and did not take an oath.
Page 23 of 24
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ROGER BERNSTEIN, as Trustee of the Bepjamin Bernstein Trust B
-M
Title:
Date:
The foregoing instrument was acknowledged before me on this — day of 1
2014, by Roger Bernstein, the Trustee of the Benjamin Bernstein Trust B. He is personally
known to me and did not take an oath.
ATTEST: AMY HEAVILIN, CLERK MONROE COUNTY BOARD OF
COUNTY CONEMSSIONERS
163C1281
Page 24 of 24
roa
•
.MRSONAL REPWMATIVER,
MCC
XHOMMMat
exectatea the day of
197S between m•1tA r
#azata w ta t
° .
party of the fLrat
COfttaLW4 In the WILL of asulaufn r pursuant
28209taillp admitted to Probate
stis<+tvx® 1 i
of 3 '& 8134% of Stock round at. recorded in Put Book I.
public:2490 53 of the r plarids And
V. • 1.
an" uudw •M of v9& An describedm
by notes and bounds an ftLlawsa
ng At L��401193V
•
=1Rla�r a!
ater
y Lot
1t of begrinsilal at the parbal of lead
zrrddl�3re
on
lies
to 13 minutes 30 seconds test a
distance of 163.34 feet to a South 6 do j r 01
t t .minutes So seconds Went$ a Oman t
of 79Z.00, ftnajothence South 70 degrees 2P
42 seconds r
t A =ance
rt
a distance at i than North A3
.
340.04 feet to a
i
seconds i' � t
seconds waste a astai"M of Us. 0 toot to the. point of bwAssingo
., .
sents and Opportuneness belongor in anywLsa Appertaining to
i TCOMMM With, all and ng mora, or jams
that real .
i heirsAVZ AND 110 HOLD the avaparty
r i . r
®MID tug party of the first
party Of the second part, her heirs :2 assignor a l,l
things l to and in and about the sale and this convay-
ance
the ardazz of t past og sale
containedin the Will and tho laws a have been followed
sea comlad with in all respects.
EXHIBIT I - Instruments Evidencing Ownership of
Property
i
ty
a ,
of
`® /M
C
porky at firstthe art, as
Personal, � n i in.
Deceased, have mint thelz hands and seals an 090 day and year
ginat above written.
War SWOMIS
CWMrT that an thin dal, before M, an offices
Only authewixed In the Itate aforesaid saIrin the. M—
IMS/ `�
said to tAW "anowlto VA knows, -to be the Person dincribed A and. 'Who GXWnftd the
instruawt and acknowledged before me that he executed
=208811mband and official Best in the County end State
last aftrowdd day as IMMEJU",r1974,
State ot.VlorLds at w
sy M/YAIi air
s
z NXIMM that on this OAF, before W • an officlur
Owls authorlsed In the state aforesaid and in the County sfore-
Paid to take Uri acknowledgments, s* l
executed the fare 9 instrument and stMewledged before so -
'the person described is and who
that be •AMM Sll.
Officialblabiand end 1 In the county AMd ItAtf
last a gal '4"W of c , s®
Notary VVE713
r
This lastr Prepared by I
ff.
i•Zmd
Mavis Florida 33131
EXHIBIT I - Instruments
t
MM
L
hL -175 wIM
To The T=11tess of Trust Is Adar no nill of menjamin Scrustsin,
Dowasedl
A Part Of SlOrk 55, Of the Plat of Stock m I ao recorded inplot book I, Page 55 of the Public Afteards of abates County
rievida And in artLaularly described as followal cLog
at the Latersecion of the Southwesterly right -of -WAY li a of
line
[+ 1ong Naland, bear Routh 47 degreaft,
13 Minutes end 30 seconds agent athe southwesterLy right-of-
way line at Front astmat for a distance at 230.00 rast to a point
which 18 the Point of NabLymin" CNIUMM thence BOOM 47 doj mea
13 minutes and 30 ftecaft tout Along the Southwesterly Aght-cf-
WAY
• •00. fast to a #
tbGnCd bear Routh 42 degrees, points tbehot beer Worth 47 r
47
d 30
ms
West a distance of 17500 • degrees, •
thereon.Together with all Impro"Wents ®Awo,
A tract of land on a part of stock ftlands Mome class 3 esOx •carte / I
and being ADVO, =
rallowal
CbmmxeLnq at the intersection of the Southerly right-
of-li
all a9th Street at the put of Stock In I
mearded In Plot
I Is Page So of the Public seem 61.3ftaxam Oca I r1oridg
•
509.90 facts theme
bear South 06 degrees and 04 minutes vast, 2142,25 tests theme
bear South $3 dogmas and 36 minutes lost, 2131a53 bear Worth 06 dt�a al. tests to the
Point of Regina of the treat of Und hereinafter donazib"r
fran said polatV b"Anning bear South 70 degrees and 30 LsWest for a distance of 2050
r more or less, to the amteriAns
Chamoisof the gntranat thence bear Worth Of do
went Along the Contortion of said Satranoo Channel for a
distance of 12 Seats =in or se, to # points these* bear Worth
or lox*@ to a point which an 703 feet and bearing South of don 8
83 dogmas =6 56 minutes West for a distanas, off 475 fast, morm fsh
minutesAvenue thence bear Worth 06 do and 04
distat b look I 400 feet ocre or = to the she
the *bbg*AUW In an ands thence mea direction for a distance of 1440
feet, maim or towc, to a- at WhLrh In beating North. 06 dogmas
and 04 minutes Most arm the Faim.at Nogtoningr tbonce beat Ruth
06 dogmas and 04 minutes West for a distanceI more
of r back to the Point of Beginning. ..
legalLose the following pa;ml of lead Included in this o&-
atiptiont T.
1 of land an Stack Zoland and being a part
of Haaftald4s, Plat 09 Stack zalandX
ot Page 55 of the Public fteards.of Maros County, Vlorlda and
being also a part of submerged land* described in T. 1. 1. P.
•W-® • IC° g•f *4YC. /Nt®v.% dy ®k►•Yep4/ .v.•4 f'1Y''0Nt.. ..A,%O, t . .. . . -t t . -A .04®
E HBT I - Instruments Evidencing Ownership of Bernstein
a` •• 1 • s4. ••SrM : rY
t••J �'t. r.d���1
d
775 am 1728
dead neah" 19637-A. 4al of which is described more particutarly
by astax me bounds an fallwal
Ua* of F*urth Avenue with the QCVt0vIY fidht-of-way boundary
Lima of ft'nat ctmSt? thuSft 900theastvardly in and along the
Westerly
®the Point of beginning of
i
.esid the paftel of land
•a pointir thong ftu9=69 at
t
• q# r #
t ce
d! s than
0 N agree • eg"00
r
A distance Of 340-04 lost to a t
307-18 feet to a point,
Bast,SOCONAD Minutes30
® •` r
ALL of clock r All Of 14t 11, RJAUX 37ohd allc
the plat at Stack the public fteards f Island, sock 1, Page SS of
Florida,described tre" in Black 55
left the following
'section of the ScuthVIStOTLY CLght-of-Way
g at the Late "
the Southeasterly right-aff-Way line of
Streak sed "I'm I"
;7rk
p Flat Of $kOCk
Intersection
sit of aning of the treat of Land
as. a a i1710
F f
} . 23 . Minutes ass 30
Stadfratrazat feet to a Points "Wave bear loath
• i distance of
• # Pointl thOnGO War W
and 30 Beclouds Vast T a distance of
in Es " ,fitbeat Worth 42 ;
® 47 minbeag ilea 30 s ad 31ast along the
southeasterly ;right -Dr -way Una of fturtb at 175.00 fear back to the Point atYY nua for a distance
r .' A®
all
pcovemen
o
i
r M ■ ■ ■ cc
Dod 1849209 08/26/2011 8:581M
IN THE CIRCUIT COURT FOR MONROE COUNTY, di Recorded in Official Records of
POO'NOR COURTY DANNY L. KOLHAGE
FILORIDA PROBATE DrVISION I
WE�! l * �-
IOWAW, I Q61-j3zQRV VM621
Dod 1849209
Bk# 2531 Pg# 2826
114 af-11 1*10 14 4 M WA
I
(multiple individual personal representatives)
The undersigned, JORDAN M. BERNSTEIN and ROGER M. BERNSTEIN, the surviving
that all right title and interest in and tocertain real property located in Monroe County, Florida,
owned by the decedent at the time of death, and described as follows:
�1= TT-7-TV Ml TZ-1
ra IffI I I 4110f .10
1�111 �: 1 71 's : 10 R:30- =, =
0012370-000000, Alternate Key Numbers 1161462 and 1157911 respectively (the "Property'),
vested in the residuary mid lmown as Trust xmder the Will of Benjamin Bernstein, of which
JORDAN M. BERNSTEIN and ROGER M. BERNSTEIN, P.O. Box 2455, Key Wes% Florida
33045, me the surviving Trustees, by operation of law at the date of the decedent's death as mom
fully appears from the proceedings in the Circuit Court for Monroe County, Florida, Probate
Ditision.
1. take possession or control of the Property;
2. to use, sell, encumber or otherwise exercise control over the Propel
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 1 - Instruments Evidencing Ownership of Bernstein Property
Doc# 1849ZOS
BN 2531 Pg# 2027
b. to enforce contribution and equalize advancement;
C. for distribution.
Having determined that the Property is not 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. BERNSTEIN and
ROGER M. BERNSTEIN, as Trustees of Trust "B" under the Will of Benjamin Bernstein, free of
all rights of the Personal Representatives.
IN WITNESS WHEREOF, the undersigned, as Personal Representatives ofthe estate, have
executed this instrument on 5V(Ae, . ('f' , 2011.
Executed in the pEswce of:
T
Witneis signature
14 r 1/
�11-
n . a
-signaturell
Print witness name
_Rt
nITZTTJq
srint witness name
Print witness ;,
EXHIBIT - Instruments Evidencing ip of Bernstein rt
STATE OF NEW JERSEY Dod 1849209
COUNTY OF Pa-c-,Sa�C Sd 2531 Pg# 2028
My Commission 13.xpires: 'zAzsk
My Commission Number:
mm"s Wz'1Vj!7j1199 &Jmj
e of' estate of BFi%JAiT1-
Notary Public, State of New Jersey
(Affix notarial seal)
Nff L LEOS
Womy PWft
um of rdw hn*
my chilml 0 In I Eq*W%M 95,2015
The foregoing instrument was acknowledged before me on
2011, by ROGER M. BERNSTEIN as Personal Representative of the estate of BENJAMIN
BERNSTEIN, deceased, who is personally known to me — 'IC —
or who produced --- -P"- — as identification.
(0/
Notary Public, State-/Floriffa
(Affix notarial seal)
My Commission Expires: NOTARY PuBlIC-STATE OF FLORMA
Vanua E. Salgar
My Commission Number: " CoMo&sjon * DD873380
Expires: App- 09, 2013
Bt,D:o TIMU ATLO-M BONDINGCO-INC
This instrument prepared by: Margrit S. Bernstein, Esq.
The Bernstein Law Office, P.A.
300 Sevilla Avenue, Suite 310
Coral Gables, FL 33134
EXHIBIT I - Instruments Evidencing Ownership of Bernstein Property
a
IN OF
{ ' f'•
Deceased
a part of submerged lands described in L 1. F. deed umber
♦ + AL-
f ♦ I ,1M.no i
of Front Street; thence Southeastwardly in and along the westmiy
R :R ♦ ♦ r . :/ 10 is 1 1
14
point; thence North 87 degrees 08 minutes 10 seconds East� a
I : �'.► t 1/ a rf / ."r ■ I 1 !J n'.'.I t
RI.. . r . #'t' •.•II R
HOME COUNTY
OFFICIAL ECORDS
EXHIBIT I - Instruments Evidencing Ownership of Bornstein Property
... ..........
I
T 2 L e go I Des c ript ion for Bernstein Property
1. ; .."f
Id,
IN RE: ESTATE OF
BENJAMIN BERNSTEIN Case No. 1973-CP-096-1
Deceased
a pad of submerged lands described in T. 1. 1. F. deed numb
19RI7-
metaq an
wi; Pk"j 4L
313.78 fed to a point; thence South 70 degrees 27 minutes 50
point; thence North 87 dcVvw 08 minutes 10 seconds Bast, a
k
�-t* UN jaw -4 at 11W:E" Or Al, 1. 1 a 147.
point; thence South 47 degrees 13 minutes 30 seconds FWt, a
distanceof 179.69 fbet to a point; thenceNwth 42 degrws46 minutes
30 seconds East, a distance of 125.0 fact to the point of beginnin&
containing 7.28 Acras, more or less.
NONROF CMTY
OFFICIAL ECOW
EXHIBIT 2 - Legal Description for Bernstein Property
°
• :./ • +yew
-
EXHIBIT C
,r
To e Trustees of Trust s under The will of senjanan varnetainA
Damaged a
a
part o ° Block55® of the Plat of stack roxand, an rriled in •
°•':
a ,'
at book 1, page 55 of the Public Records of MonroeCountyt
+
��•
+
Florida is is 1 described a l s nngE
t the Intersectlan of the louthwasterly rlght-otwway line of
f ,�
1
"r
prant Street and the Southeasterly i t f of Fourth
Avenue f the said Flat of ftook Island, bear South47 degrosso
13 minutes and 30 saactuls East alongSouthwesterly right -of-
li of t t i■ it f .00 t a pgiet
dogmas
s • +" f •.
r�.•
i
3 Point f Oe`i ins CmUnuc dwas South47
13 ainuteset along the SouthwesterlyrLght-of-
°a°•,°,
way
line -of rroat Street for a distanceof 600,00 feet to a poLntrthence
° ., , sr.
beer South 42 dogr"$, 47 minutes and 30 seadindS Wait ter
a distance at 175-00 feet to a Pcdntl thaboo bear North 47 d ,
• � °; q :
%=
13 minutes and 30 seconds t got at distance Of 00. 0 East to+3°
:"•* .'
at painti thence beat North 42 drgrove, 47 minutes and 30 m000nds
East a distancef 175.40 feet ack to the poiqt of beginning.
thereon.
ray
Together i a r
t.
'A
tract f land an a partf stock Inland, . ri
beingl e c by tog and bog an
A
and
followsa commucing, at the intersectionf the Southerly ht-
ram.
e'.
•
o- y line f # n and masterlyright-of-way s
f f street thet of , r n t
Book S5e the Records at.MnXft County, FlUri"s
r h 3 dPublic
6 minutes Eastr 0.00 f4stl thence
Southbear of degrees and 04 minutes Want# 2242.23 tests thence
beer South 82 degreesand 56 minutes test, 2131.53 feditt thWOR
bear Earth 06 degrees and 04 utan axtr 19,ol.05 feet to the
•
t of of of d i Bate a
�•
a:.from a
t
s o degrees
went fora distance of 1060 et' Moe Or a,, to the ountorline
.
•. sr
of a t bear 4atoszi
e vast along the centorline of said Entrance Channel for 8distance
of 12 feet, more or loss, to & pointr th*nce bear North
degrees83 6 minutes West for a distance *1 476 feet/ more..:r-
or 1 er O point bearingand South Qli
4 minutes Meet trool the Southerly right-of-way Use lat PIfth�°
„dnao h{
• .4 4
..' °Avenue
;
i n 0 u t r a
topiu pl a
,r
•
°the
distance feet, ,
of slack lag Block 57 of the Plat of stock Island; mam meander
144
•..
`
shoreline in an jeasterly direction fora distance of
feet, r lase, a nt hearing« 0 dogmas
god 0 t + pain :.a gi is s e c
•
0 rare n 04 minutes t fQ diet of too feet, me
° ° e K
or Less. back to.the Point of Beginning. '
-Loan
the fol!owing parcel ofland included In this legal d-
ption:
.:.:
_
A parval of Land an Island and being a part Of Block 55
of McDonald's at of stock Island at recorded in Plot back l
at pioge 55 of the Public Records -Of ! . Plarida an
being also a part of a cqed lands i ' n T. X. I. F.
aril• 7•/ens;, heat.•.•. °e :wvr P,p41 ,.•e r, ®. ti.° '/roan r.rv. ° • .. . °c 1 ••• •'n wwRt
EXHIBIT 2 Legal Description for Bernstein oerty
1W
dead n r 19637-A. all of which is described particularly
by Whom and bounds as followat
COUNDROing at the intersection of acuthefly right-Of-wayr1ght-Of-way boundary
line Of Fourth Avenue With a Vestozly right-of-way boundary
line: of rroat Streety thence southeagtwardly in and &1009 the
easterlyr f ay boundary litre *of Front Street a distance
Of 840.9'fest to the point of begian,ing of the parcel of 140d
heroin its scri dt thence along afor4isaid right-of-way
boundary line South 47 degrees 131 nioutes30 seconds Easta
distanceof 163.6 feet to apoint; thence Southg es 01
minute 50 Seconds Went, a diftStice of 313.78 feat to s intl
thence70 27 minutes 50 a west, a a
Of 79laDD fleet to o polatj thence North46 degrees 1$ minutes
42 se t, a dLataumof 334.64 ;feet to a Lott thence
North 07 degrees 08 minutes10 seconds East, a drmotanee of 4 S.00
feet to 8 POIAtl t*Gncb Worth S degrees 33 minutes 56 seconds east,
a dlsfatace of 340.4 feet to o Watt thence Worth53 dogmas
21 Minutes 10 seconds ast, a distance of 207.18 feet to a point;
thence South 47 gre" 13 minutes 30 seconds East, a distance of
179.49 feet •a Point# thence North42 degrees 46 minutes 30
socaNds Ust. a distanceof 1.0 feet to the point of beginnLaV,
containing 7.25• ., :tore or Sees.
All of Nack 56, all of Zoot 13, all of Black5 of
the t of Stock Zan, as recorded in Plat Book 1, Page SS of
e Public Records of Marge, Florida, less the following
described Black Ho
ComailaUg t the intersection of the Southwesterly of a
line of Front Street and the Coutheastarly right-of-way line of
fourthve ue of'the said Plat of Stock Isl 'd, said Intsexection
a b tto as a of of i f a trace of
hereinafter described) bear South 47 deqzmwp 13 minutes and 12
adconds taxt 82=9 the Soothwasterly right-of-way li' of rrolt.
Street fora distance uE 65Q.00 feet to a pointy thence bear South
42 degrees, 47 s d 30 s st !oX distanceof
175.00 f t a pointi thence boar North 47 degrees 13 minutes
and 30 seconds West for a distance of 850.00 feet to a pointn
■ Southeasterly tight f y lute of Fourth Avenues thence
bear North 42 degrees, 47 minutes and 30 segonds East along
Southeasterly -of-way line of Fourth Avenue for a distance
of 175.00 feet backthe Point of Beginning. TOGVMR WM
all iiPproveiments thereon.
• r
.a.. raft. • ®i6eyy drrm C+a it .uxt o :4r to •.• ♦.pr °C 6, .. w ,Y. r A . Y r •..
4.
• a
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..........
Hill
1.
i got
Nut
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Lag,
- 40ON
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Exhibit o Ordinance# 045 -2013
e9�-
C',
IPA
The Monroe County Future Land Use Map is amended
as indicated above.
Proposa : Future Land Use change of eighteen parcels of land on Stock Island having real estate numbers
00123660-000000, 00123720-000400, 00123760-000200, 00123720-000100 00123720-000200, 00123730-000100 N
00123740-000000. 00123770-000000. 00127290-000000, 00127380-000000, 00127250-000000 00127280-000000
00123600-000100, 00123600-000102- 00123600-000101. 00123590-000000 00123570-000000
and 00123540-000000. located on south Stock Island. from Industrial (1) to Mixed UselCommercial (MC)
e1"
tVzr ,
,� to: 585222 FS,°�C Q e�::2 7 I
N M. aerTistein,
Address: 69 Merrick Way, Suite 201
Coral Gables, FL 33134
This Instrument Prepared By.
Name: Ftoger M. Bernstein,
69 Merrick Way, Suite 201
Gables, FL 33134
,..—...._. , bascuted
*—day of April 1 •
by
an unremarried widow, hereinafter called "G
first party, to JOS= R. vAmW and jEnTaY W. Bou= as
the provisiou of S dated March 10, 1989,
and )wiown as I
fL is: P.O. BOX 2455
® Florida 33040
SODOM party.
t Yh►rrvrr u.•: hrr•ln• ,he t►,•a® •l.rs° yattr* wn4 %.Thud
Forty* thrll tndt ud► ►tnaut.r and r.ura.. L*ir.. :•sat
rtptrstntalt►►-. and ss,►egria of ®n.l,mtaus., a1.0 .19. "rr,tanrt
■nd aae146x •! rarpnrat tans. -Who t•uee Inv ri•nivut to annt®r or
a•qulr•a 1
t the said f , for and in owsideration of the mn of
zQl quit -claim unto the said Patty
forever, , all the rigIlt, title, interest, claim WWI demmld vhiah the said first;
party has in mid to the t011OwIM had lot, pieos or parcel of lard, situate,
lying in the Oxmty of to of F1=Qk , t:
,intermt, lien, equity and claim vhatsorVer at the said fitut party, either In law
or equity, to the only yzcpw use, bovatit, and bdmf of the said A P -I I party
focgver upon 1..- trust and for the purposes
Full pmer " authority is granted by this dead to the Tm*jew or their
rjowssors as set forth an hdftit
property cc am ulterat therein or mW part thetect, to Pr&-Gct, =%Serft' and to
MU, to leas,, to ercullj3er or otherAm to wraga wd d1sp3se of the real property
or aM part of it described in this UWUWM*.
In no awe dWI any party amliM with the Trastees = re2ation to the real
p=pszty or to wh= the L.081 property or aW part of it: shall be cormeyed.
contzaoted to be mid, leased or ivortgaged by Trustees, be obliged to 008 to the
application of _
prodses, or be cbliged to ow atat tim terns of this trust bawl been cmPliad
with, or be obliged to Inquire int- the rAcessity or e3qwAiQrCY Of any act Of the
votees, or be Obliged or privileged to jrqm1re into WV of the terms at the TrMst
Agreement or the dentxfjoation or status of any Tamed or um%amed bemr1clarjes, or
their heirs or assigns to uj= the Trustees vay be accountabler and eVQrY dead,
Ownership
EXHIBIT 4 - Deed Evidencing rty
r
N ic, state of Florida
RA��OF Fl•ODA
3
Lt:IIiL I11tce°lt{1°°rteDN
A TRACT Oil LAND 41N 81111 It I.M.AND li£I`t; A PART tll• MAVIC 73A ttl' 1P*1x1.%AI.li°ti 1°1.i'I°
OF ;i°li)e'li 1 `1.A11e 1 AS 11113 *011111:11 IN l/ LA°r 11MIC 1 IT 1' 1111: "5 ell' 1111 P1'1U.11' 111: 111i11;c
i)F u vitoi., c 3)l1N°rC, I1l.6R I DA AXIS 11191 <c 1 %Uy 1 A 1' ®111' 01' St It:11a..1a1 L AM IS
012S('It1111M IN T.1.1.F. DERR) NUM111;1t 19937.-A, IiMMI 1k1111I I1AHTIVI'LA111.Y
DESCRIBED BY " MEMI;8 AN11 HOUNDS" Al 1:01.1.OhS 1
0011111DENt.INi! AT Tllit I14T11R311(:' om OF 'i°IIi: %ourtll•JtSriatLY Ritarr-OF-WAY LINK Oil
FOURTH AVENUE. WIT11 T111E SOU'I'llm-SviRLY {tiom-OF-HAl° I.1N1: OF FIum S'r1i1urn
Ti1F:NCE S4701313011R AIAMCI SAit1 St)t."Tt1tS'IES°f!s1tLY Itlte111°-DF-lti:1Y I,IN#E UiI I11Cilwr
STREET FOR 840.50 FKET TO THE POI N'r OF 111;ta1 NN 1 Nt; OF T1tF PARl.E1. Of LAND
1111MINAP'IR IMSUR1111i18; TIIIM01 txMNUII. 3470W30"I: AW)N4i SAID ItMirr-t1PAAY
LiNK FOR 163.26 Fltr°r TO AN INTIMSiRZION WITH Till' WESTERLY ItltlllT-OF-WAY LIN1s
OF A 50.00 PHIM WIi)E ALR:F'.155 IEASHAIRNT AS It114111DR18 IN OFF11:1AL REt IUM RtM
395, PACES 0a0-910 01" Till'. PUBLIC 1111MMIS 01° .110NIME' MUNTY. F1,01UPA; Timm
S6001150"W ALONG SAI1) 117;STI'lti,Y 111011T-OF-riAV LINE FOR 313.18 FKi•:T; THENCE
S70°27150"W FOR 791.00 FEAT; 'lY1EM'-* 446'14 42"SC 11011 324.66 111tET, THENCE
N87 ®08 - 10 "L 'i FOR 485.00 FEET; Mil-C s,iS 145 °33 -<35"E 11011 340.04 111MET; THENCE
N53021110"it FOR 207.18 111IRT; TIMMMi 547"13'30"1: FOR 179.119 PEF"r; TUL•° C
N42046130"LI FOR 125.00 PIMIT TO Till" POINT Oil 11MUNNINU.
LUSS °CHIMEFROOM TIA1 POLLOWINC3 IMSC.RIR IY PARG121. KNOMM AS TIM S.T.P. SITE
PREVIOUSLY M14VEYRD BY G1IANTOR TO STOCK ISLAND UTILITY C=IPANY. IVY UR1itt
11P=11109r) IN OPPiCDAL I(F.t'.OMS IloOK A00. PAilit 2465 OF Till' PUBLIC It1{1.x11iiki OP
MONROL= COUNTY, PIOl1IDA1 HEEiNG MORK PAItTit,Ul.Ali1,Y 11ESMAMI:I1 AS FULIAMS1
A PARML Oil FILLED SUISMIERCMD I.ANtD ON S'IYX % I S I.ANiD, UC mm, rnywrY.
111.OR1DA, QIIING A PORTION OP TIIAT MITAI% SIUMAIrRoill) LAND DRIVIR11 ED 1N
T.i.i.F. DIIED NO. 19837-AI SAID PAICM, 111EINU 110It1E PAirr14;U1.Am.Y
OESC1tIRLID 11Y 11A11'.°ri:S AND 1VOUNDS" AS F'01.1M1'3e
(7OMt ENCE AT TIM INTERSF -MION OF Till' SO TTIMASTMILY IMNIT-OP-WAY LINK OF
110UIMI AYRNUR AND THE SO1TTIt11 sTIIRLY ltltllrr-OF-WAY LINE OF I'MiT STREET;
TIIKNCI': S47°13130"E AIAINC SAID SOMIMPPST1 RGY IMAIT-OP-WAY LINK FOR
1003.76 MUST TO Till! WliSTIUMV R1eI M-OF-t1AY LINIi Oil A 50 FOOT SNIDE ACCESS
%AMMFNT; TDITM-R. 416*61'50"W AIXINC4 SAID N1MI' IMY ltiel#rr-or-SPAY LINK FOR
3I3.78 FIEET TO Till' PAINT OF Ill-MINN1NU Olt Till' 111MMNAFTER 1)M% t:RIUIIV
PARCEL OF I.ANID; THENCE 67I1®27'60"!v FOII 240.30 lllilsr; TIIENCH NS7®16'03"W
FOR 234.83 PRE.T. TIM181:11, N9®16130"R FOR 104.20 Pltl"r TO AN 1NTi-.115mmoN
WIT11 A LINK 28t.44 PRi°:r #9UU'I'IIWIESTRKl*V OF AS MHASUtUll1 AT RMIT AW;I,V.S
ANIt PARAI.Li , TO SAiIt SOU FI1t1115T1;B1i.Y ttltMTY-t)1`-SV1Y OF 1:11ONT S°r#tmo TIS1iNCF
S47°13'30"E At.ONG SAID PARAI.LE1, i.IRE FOR 510.80 F1:1ET TO THE POINT 017
BEGINNING. SAID PAitCFL 170NTAINS 2.00 ACRES, MORI; OR LiESS,
SAID TRACT CONTAINS 5.25 A0111$, MORE Lilt LrSK AND SMIJEcr TO Till! FOLi.OWING
DESCRIBED LASiM1EN'TS:
A NON-LICCLUS I VE AMISS LIAS E11NNT, iIAV I NO A MINIMUM WI DTII Olt 25.00 FEET
AND BEING MORE PAWrICULARLY I)MCRI111/!) AS FOLLOWS:
COmM.NCr AT Ttir INTPUMCrION OF TIM SOUTHMASTIMLY RIGHT-OF-WAY LINE Olt
FOUItTil AVENUE AND THE 80tl miES°rERLY I1.I01IT-OF-WAY LINE OF FRONT FiTREETI
THENCE 547613130"E ALONG SAID SOUTIMUSTHRLY Riesirr-OP-t1AY LINE FOR
1003.76 Purr TO Tim WESTERLY 1110IT-OF-WAY I.M. OF AN EXISTING 50 Potyr
WIDE ACrFSS EASEMENT; Tmimci: 56°01'50"W ALONt3 SAID MMSTURLY R1G1IT-OF-
WAY LtNL1 FOR 313.78 PELT TO THE MOST EAS'rERLY oDRNER OF TIM S.T.P.
SITE, SA(l) CORNER BEING TI IIc POINT OF 8I:CI1 NN I Nt; OF TIIE !HEREINAFTER
DESCRIBED NON-10CGLL'SIVE MX.ESS EASEMENT; TRIMM N47013130"W ALONG TIM
NORTIIEASTiMLY BOUNDARY OF SAID S.T.P. SITR FOR 75.7t I.ri:T! THENCi!
N42946'30"IE FOR 25.00 PERT; TIIENCH 1469®24'10"r FOR 24.01 FEET TO AN
;NTEtiStiCrlON WITH A LINII THAT 15 25.00 P81fir tYRSTERLY OF, AS AMASURLD AT
RIGHT ANOLIES AND pA1tAmxi. To SAID M4STURLY 111011T-OI=-WAY LIM OF TIIG
APOICLIMLNTIONE D $0 F %V111E Aa'.PSS EASHMENT; 'rtl1:NCP N0001150"E ALONG
SAID PARALLIM LINE 11011 255.73 PlIET TO AN iN'rrRSE moN WITiI 5A1D
SOUTI1Wt.STERLY m airr-OP-WAY ONE OF mr, AFORUMT.NTIONr11 FRONT STRELM
TRUNCLI S47'13'30-114 ALONG SAIL) SOUT11WE.STERLY 1tIG11'D°-OF-WAY IANIE FOR 31.20
FEET TO AN INTERSECTION WIT11 SAID ims-mRI.Y murr-OF-WAY LINE. OF THE
AFOIMAUNT1ONEM 50 FOOT W DE At'. ESS TASKMNTI THENCE S6601'50"W ALONG
SAID %MSTHRLY 111(i11T-01'-1`AY LINK. FOR 313.76 FEET TO T1{E P0114T OF
BEGINNING.
AND
A 'DRAINAGIE 1EAc11d9LN'r HIEING 1r/.00 F4'1s'r IN WID111; i'111: SOM-11E1tLY LINE
T#Il:11LOF MUNd MORE PAlirlr•Ui.AitLY 1)I:lit.11111i:1) AS FOi.LOWS; ilVoIN AT '011,
MOST SOUTl11.RLY CORNgit OF Till,.4.°r.P. SIT11. AS SHOWN AND IIIIST.ItibE1) #r131lKUlig
11111ENClt S70°27-50"W ALONCI TI11E SOlrl'11117:8°r1:RLY PHO1,ON1tA'r10N OF Till-
SOUT11EASTfiRLY BOUNDARY LINE: 01, SAM S.T.P. SITE FOIt 230 FEI:f N"It: "'t
'It.') 9 s T i OIA bAl l) ' 311 1071-.Y I�11: iEXtS'I.1N+i ILt1i181Dl1 .1Nf) 71tl1 PtNNr 0{°
LINE -
EXHIBIT 4 - Deed Evidencing Ownership of Island
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The provisions of a certain Trust Agreement dated March 10.
1989, and known as ISLhND TRUST relating to Successor Trustee are
as follows%
A11 decisions of the Trustees shall be made unanimously
by the two Trustees then serving. If any individual Trustee
shall cease to act as Trustee hereunder for any reason. then
JEROME OSTROV, of Bethesda, Maryland, shall be appointed
Successor Trustee, If JEROME OSTROV is unable to act as
Successor Trustee for any reason, then ROBERT STOLZ. of New York
City, New York, shall be appointed Successor Trustee. TWO
Trustees, acting unanimously, may at any time designate one or
more individual Successor Trustees to serve in the event the
designated successor Trustees are unab!.e or unwilling to serve.
If, at any time, there is only one individual Trustee serving
hereunder, then he shall appoint a qualified bank or trust
company to serve with him as Cc -Trustee. Any provision herein
contained to the contrary notwithstanding, under no circumstances
shall the Grantor or Grantor's Sons be appc-. t:; o:d or serve as a
Trustee hereunder.
rya .• rB y.. 111 .'*
"Na 1 aarYa
t.AW ` K0W-1A iE
%.trrit citeun coutt
EXHIBIT 4 - Deed EvidencingOwnership
EXHIBIT I Description
{ { ♦ -"t =71 t 1
This instrument prepared by:
The Allison Firm, P.A.
P.O. Box 2129
Key West, FL 33045
Return to:
Erica Hughes Sterling
500 Fleming Street
Key West, FL 33040
Consideration: $2,400,000.00
DocN 1995241 08/22/2014 4:04PM
Filed & Recorded in official Records of
MONROE COUNTY ANY NEAVILIN
Doen 1995241
Bk# 2700 P9N 33
04 c4-
THIS WARRANTY DEED is made this — of August, 2014 between JOSEPH R-
SELL and CONVEY, unto Grantee all of the real property situated in Monroe County, Florida,
le�"v&af ivy Ex!dirit A Yow--aw-i mtz-y 7wt kerevif Fir ,?Il ;rw7;vses, t*get%=-v&A dl a -If
singular the rights, benefits, privileges, easements, tenements, hereditaments and appurtenances
interests being hereinafter referred to as the "Property").
=w-rZI h a iw I WWI
UN I
record affecting the Property (collectively, the "Permitted 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.
Fr 1 6;+G-
DGCN 1995241
BkU 2700 P9U 34
except for the Permitted Exceptions and Covenants and Restrictions, at the time of delivery of this
Warranty Deed, the Property is free from all encumbrances made by Grantor, and Grantor will
WARRANT AND DEFEND all and singular the Property unto Grantee, its successors and assigns,
against the lawful claims and demands of all persons whatsoever.
By acceptance of this Warranty Deed, Grantee (a) acknowledges and agrees that any and all
liability hereunder of Grantor, its agents, representatives or employees, including the warranty of title
herein contained, shall be limited to and satisfied solely from the Grantor's gross sales proceeds from
the Property or any assets purchased with said proceeds, (b) assumes payment of all real property
taxes on the Property for the year 2014 and subsequent years, and (c) acknowledges that the
Covenants and Restrictions 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 Z 1, 2014,
GRANTOR:
Witnesses:
V
JOSS R. RACKMAN, individually and as Co -Trustee of
the Island Trust Agreement, dated March 10. 1989
COUNTY OF NEW YORK
'41
This instrument was acknowledged before me on August 4,02014, by JOSEPH R.
RACKMAN, individually and as Co -Trustee of the Island Trust Agreement, dated March 10, 1989.
He is personally known to me or produced as
ident ] ri cation.
dt--et1 4.1
tary Public, State of New York
My Commission Expires: 11 L12 L2O I if
Ex VX*1 6'1+ 9
DocN 1995241
BkU 2700 PgO 35
Witnesses:
A-k/ RANCATd'
4 A
4EP BOLOTIN, individually and as Co -Trustee
of the Island Trust Agreement, dated March 10, 1989
Mr7=W-COLOMBIA § -57A76- 6r 10P-YZAXJD
This instrument was acknowledged before me on August al, 2014, by JEFFREY
BOLOTIN, individually and as Co -Trustee of the IslandTrust Agreement, dated March 10, 198
He is personally known to me or produced zV& I
Ir,
'Notary Public INIrIUMA10011XIM CV01000
DECEMBER 18, 2017
Ut 6+5
DocM 1995241
BkN 2700 Pga 36
EXHIBIT A TO WARRANTY DEED
Legal Description
A TRACT OF LAND ON STOCK ISLAND BEING A PART OF BLOCK 55 OF MACDONALD'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 19837-A, BEING MORE PARTICULARLY
DESCRIBED BY "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 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 83156' 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 420 46'39" 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' 04'46" E for a distance of 249.61 feet: thence bear N 421 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' 46" 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 551 38'41 "W for a distance of 165.85 feet; thence
bear S 20* 39'27" W for a distance of 16.96 feet to the POINT OF BEGINNING of the tract of land
being described; thence bear S 53' 21' 10" W for a distance of 153.12 feet; thence bear S 05* 33' 56" W
for a distance of 340.04 feet; thence bear S 87' 08' 10" W for a distance of 485.00 feet; thence bear S 46'
15'42" E for a distance of 334.10 feet to the southerly boundary line of Tract D of Official Records
Book 399, Page 424; thence bear N 701 30'00" E, along the southerly boundary line of said Tract D, for
a distance of 550.83 feet; thence bear N 57* 15'03" W for a distance of 234.64 feet; thence bear N 09'
16'30" E for a distance of 304.19 feet; thence bear N 201 39'27" E for a distance of 79.12 feet back to
the POINT OF BEGINNING.
Ex 6 0+19
I "IM) V d3n[IIVION .111 AXI 6141 11 �4 31
I k7nnt =I- .5
Doen 2995241
BkV 2700 PgN 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
I:
1i%4"JY,xmsMm* or an accurate aTd r.[; ii rilicite irl .1 11111�iri!jvj, clf ale IbmuF&-idii-isi-oiectiot-c-oftlie
11p:W4
2. 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.
3. 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. Book 359, Page 89, O.R. Book 486, Page
1003, O.R. Book 687, Page 834 Public Records of Monroe County, Florida.
5. Easement contained in Warranty Deed recorded in O.R. Book 866, Page 2465, Public Records of
Monroe County, Florida.
6. Easement recorded in O.R. Book 1579, Page 534, Public Records of Monroe County, Florida.
7. Owner's Acknowledgment of Water Service Restrictions recorded in O.R. Book 1635, Page 270,
Public Records of Monroe County, Florida.
8. Easement Agreement recorded in O.R. Book 2448, Page 1566, Public Records of Monroe
County, Florida.
9. Easements contained in Quit Claim Deed recorded in O.R. Book 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. Those 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 lying between the body of water abutting the subject property and the natural
line of vegetation, bluff, extreme high-water line 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 State of Florida and the United States to regulate the use of the navigable
waters.
Ex6 64 !�
16. Easement in favor of the Utility Board of the City of Key West recorded in O.R. Book 497, Page
492, Public Records of Monroe 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.
18. Covenants, Restrictions and Reservations set forth in those certain Deeds to be recorded
too
simultaneously herewith in favor of Grantee.
I` Grant of Easement (Ingress and Egress and Non -Exclusive Navigational Easement) to be
Cos
Is
recorded simultaneously herewith in fa�or of Grantee.
.
law
Doc# 1995241
Bk# 2700 Pg# 39
Covenants, Restrictions and Reservations
For a period of fifty (50) 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 B 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 there shall be no rafting of
commercial vessels (private tenders are permitted), there is no stem 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, 2017) or any other similar use that may be considered as traditional working
waterfront, and there shall be a strict prohibition for any use which would not qualify as "working
waterfront" by Monroe County, Florida for purposes of determining the required percentage of
working waterfront for development rights ofthe Related Parcels owned by affiliates of Grantor and
more particularly described in Exhibit C- I attached hereto.
For a period of fifty (50) 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 (50) years commencing from August 21, 2014 or such earlier or later date as
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 (10) 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.
No vessel shall be moored or docked on that portion of the westerly side of the Property and
designated as "Prohibited Mooring and Docking Area" as shown in the survey sketch attached hereto
as Exhibit C-2.
Ex W� 6+ 5
Doc# 1993241
BkN 2700 P9M 40
Grantor, its successors or assigns, shall have the right to enforce the foregoing Covenants and
Restrictions by any proceeding at law 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 affirmative
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 Related 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 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.
IF reserfT
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
guests, licensees and
invitees. The easement for the Navigational Easement Area is to provide a reasonably direct and
Aw--Ax-
adjacent waters and the nearest public waterway/channel.
Neither Grantee nor Grantor shall place or construct any obstruction, permanent or temporary in
Talire- i A
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 States and the State of Florida and all
s t)osted bv Grantor. vrovided such sians are not inconsistent with the terms of this
Grantee, for its successors, legal representatives and assigns, agrees to maintain the Navigational
17-
Doco 1993241
Ska 2700 Pq# 41
Easement Area free from unreasonable obstruction or other adverse impediments to navigation over
the Navigational Easement Area.
- - ----•
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benefit • all arties as set forth herein. and the same shall be deemed to be igergetual covenants
•
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.
EX�116'1+g
I Z44 WN1 ': ",
Real Estate Number 12770-0000
Real Estate Number 00127250-000000
Real Estate Number 001272M000000
Real Estate Number 00127290-000000
Real Estate Number 00127 000
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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 LAND ON STOCK
ISLAND BEING A PART OF BLOCK 55 OF MACDONALD'S PLAT OF STOCK ISLAND AS
RECORDED IN PLAT BOOK 1 AT PAGE 55 OF THE PUBLIC RECORDS OF MONROE COUNTY,
FLORIDA, LYING SOUTHERLY OF FRONT STREET AND BEING MORE PARTICULARLY
DESCRIBED BY 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 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 83° 561 0001 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 420 461 3911 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
470 04' 46" E for a distance of 249.61 feet:
thence bear N 420 551 14" E for a distance of 175.00 feet to the southwesterly
right-of-way line of Front street;
thence bear S 470 04' 46" E for a distance of 431.25 feet;
thence bear S 550 38' 4101 W for a distance of 165.85 feet;
thence bear S 200 391 2700 W for a distance of 16.96 feet;
thence bear S 53° 211 1010 W for a distance of 193.62 feet;
thence bear S 05® 331 56" W for a distance 286.94 feet;
thence bear S 870 081 1011 W for a distance of 422.45 feet;
thence bear S 000 58' 5611 W for a distance of 30.07 feet to the POINT OF
BEGINNING;
thence bear S 87° 081 10" W for a distance of 34.65 feet;
thence bear S 46° 15' 42" E for a distance of 47.09 feet;
thence bear N 00° 581 56" E for a distance of 34.29 feet back to the POINT OF
BEGINNING;
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Exhibit di -2013
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8 AVE
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10TWAVE
i1TH AVE'
The Monroe County Future Land Use Map is amended
as indicated above.
9LF
Proposal: Future Land Use change of eighteen parcels of land on Stock Island, having real estate numbers
00123660-000000, 00123720-D00400, 00123760-000200, 00123720-000100. 00123720-000200. 00123730-000100 N
00123740-000000, 00123770-000000 00127290-000000, 00127380-000000- 00127250-000000, 00127280-000000
00123600.000100, 00123600-000102, 00123600-000101. 00123590-000000. 00123570-000000
and 00123540-000000, located on south Stock Island: from Industrial (1) to Mixed Use/Commercial (MC).
�1` t r
F-Al b i+ rl
1 42
6460 Front Street, Stock Island, FL
Prepared For:
Safe Harbor Seafood LLC
6460 Front Street
Stock Island, Florida
Prepared B
Richard J. Milelli, P.E.
P.E. # 58315
Meridian Engineering, LLC
201 Front St. Ste. 203
Key West, FL 33040
(305) 293-3263
Certificate of Authorization # 29401
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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 dock 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 my
observations and make recommendations.
Findings
The findings of my observations will be presented for each dock. I will also include any
recommendations. Please see Table 1 for a summary of my findings at the end of the report.
Dock 1 Boat R &R): Dock 1 is approximately 8'-4" wide and 50'-8" long and is located at the
Photographs of the dock 1 looking north and south.
The dock structure appears to have been recently repaired and is in good condition. The dock
decking is constructed of 2x6 boards with 2x6 stringers. There is a 2x10 supporting beam along
the water side of the structure. The landward side of the structure is supported by 4x4 posts and
steel sign posts. The 2x10 beam is attached to pvc pipes filled with concrete.
.dIN 4w2
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graph of Dock 1 structure. Note PVC piles, 2x10 beam,
of the landward side of the structure.
The rear 2x6 beam is supported by 4x4s and sign posts driven in the ground. Some of the 4x4s
appear to be buried and others appear to be resting on the ground.
Dock 1 appears to be one of the better structures on the property. The dock is currently safe in
my opinion but should be upgraded in the future by adding additional 8 to 10 inch diameter
wood piles (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 Janessa): Dock 2 is located directly to the south of Dock 1. The construction
materials of Dock 2 varies from 2x8 decking for approximately 20 ft and another 37'-6" 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 bents are attached pvc 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 near completion
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PMANKIMNG
sear future.
Photograph of Dock 2 showing the mix of plywood and 2x8 decking
of the 2x8 decking portion of the dock
showing the bents, pvc pile and stringers.
The %" 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.
e.�.•.;w,.�...„,,.�,..,,�w......wrow�ow.e�owM�owwiw�.�..� w,� P
of the plywood portion of Dock 2
The 2x4s on the flat span a gap between old dock timbers that are held up by 4x4 posts resting on
the bay bottom.
of the dock timber and 4x4
supports. The 2x4 members on the flat are shown on top of the timber and the plywood on top of
the 2x4.
The landward side of the dock is not secure with portions resting on the old dock timbers and on
concrete blocks.
i
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Photograph of the landward side of Dock 2.
of the timber and 2x4s 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 2x10 beam attached to the 4x4s. A contractor could then
install 2x6 stringers 16" 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 make this dock safe.
Dock 3 (Boat Aileen 2): 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 an open space between
Dock 3 and Dock 4.
6 mw�momw mwwwm�o�aw�w�ew�wmwd�woruwoNw�w��wrp��rmarrrri««mew
. �,,.�
of Dock 3 showing the 2x6
decking.
photograph of Dock 3 showing the 2x6
decking, plywood and the open space at the end.
Dock 3 has 4x4 posts set in approximately 5x5 steel tubes. There are 2x12 bents between the
4x4s and the landward side. The 2x6 decking is attached to the top of the 2x12s 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 16" on center. In
addition the landward edge of the dock should be secured using piers or anchored to concrete.
IJ&9N.N"'ti
stringers and decking.
Photograph of Dock 3 showing the 4x4 piers,
Photograph of the landward side of Dock 3.
Dock 4 Boat Eileen 2/Jazlyn): Dock 4 is similar to many of the docks at the property. Dock 4
is approximately 12 ft wide and 43'-6" 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 2x6
decking are required. The dock could be temporarily stabilized using the same method as Dock
2. The plywood and 2x4s would be removed and additional 4x4s, 2x10s and 2x6s installed.
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Photograph of Dock 4 showing the plywood
and old timbers.
of the rear of the dock. The
plywood is resting on the timbers, dirt and concrete.
underneath the dock showing the
metal piers and 2x4s.
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Dock 5 Boat Jazlyn): Dock 5 has been recently repaired. The decking is 2x6 on top of 2x10
stringers. The stringers are resting on a 2x10 beam supported by 4x4 posts resting on the bay
bottom. There is hurricane strapping between the 2x10 beam and stringers. The 2x10 stringers
le.
Photograph of Dock 5 showing 2x6 decking.
graph of landward side of the dock. The
stringers are resting on the bare ground.
of the underside of the dock showing
the hurricane ties, beam and 4x4 posts.
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The dock is safe for now. The landward side needs to be properly anchored at some point 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 Boat 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
repaired similar to dock 2 and 4.
of Dock 6
photograph of the dock.
Dock 7 Boat Maru 2): Dock 7 is adjacent to Dock 6 and extends to a point where the dock
turns to the west. The first 10 ft of the dock has collapsed. The next 38 ft is 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 4x4 support piers. The 2x6 decking portion of the dock is
satisfactory with bents and stringers. The bents are supported by pvc 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.
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dock.
of dock.
of collapsed portion of the
Photograph of plywood covered portion
of 2x6 decking
1'"fmimoww�uwuwmwmw�wwwwwumww wimw-wwwwwami� airu craw �mi mpmuwiu�w.rwrnumr�rvmi mrmiiiiiii «rr�urui«r«rmrriiii wumm f ICN(nN [�.IM NQ, ««. C
showing the framing of the
2x6 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 bents 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, bents, stringers and stainless steel fasteners.
Dock 8 Boat Aileen): Dock 8 includes approximately 29 ft covered in plywood and 40 ft
covered with 2x6s. The dock is approximately 5 to 6 ft wide and has metal piers.
dock.
of the plywood portion of the
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dock.
graph of the 2x6 covered portion of the
of the plywood portion of the
dock. Note the metal piers, bent and decking above. It appears that the decking spans the dock
width without a stringer support in the middle.
2x6 portion, note the nails attaching the end
support to the pier.
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Dock 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 Rosa): Dock 9 is approximately 64 ft long and 4'-6" wide. The decking
appears to have been recently replaced. The
stringers run along the landward and water
sides of the docks. The 2x6 decking spans from side to side.
i
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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.
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16��.. � ... � �,,�„� ...,� v� ,.—.,.n.� � »,�„���� �.. �.. ��m. � . . ...........�.. r�wounmwowu�rwma�mm�rmi�ii� u�
Dock 10 Boat Maru): The dock is approximately 38 ft long and 7' 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 dock appears to be safe for now but
like the other docks on the property, the piers should be replaced and the framing secured.
of dock 10
of dock 10 showing where the
deck boards were replaced recently.
uuwwwuwmw�ww��� wm�mr�lluwwu�mttw�w �im�.. ����o wuuwmuw�nw �mm �
which is not adequately secured.
Photograph of the landward side of the dock
of the framing underneath the
accessible portion of the dock showing cantilevered framing and stringers.
piers.
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photograph of the framing and pvc
Dock 11 Boat G and D): 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
2x6 stringers and 4x4 piers. The dock is currently safe but the 4x4 piers should replaced in the
future with concrete, wood or aluminum piers.
of Dock 11.
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graph of the underside of dock 11
showing the 2x6 stringers and 4x4 posts.
of the corner of dock 11 which
should have a pile under it.
Dock 12 Boat Bella): The dock is approximately 27 ft long by 8 ft wide. The dock is covered
with plywood on 2x4 and 2x6 framing. The framing is supported by pvc pipe filled with
concrete.
t
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of dock 12 showing the plywood
decking.
photograph of the plywood
decking.
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of the underside of the dock
showing the 2x6 framing
photograph under the dock
showing a pvc pipe filled with concrete support.
�......... __
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photograph of the pvc pier
support.
The framing for this dock is difficult to evaluate due to space constraints. My recommendation is
to remove the plywood decking to evaluate the framing and if it is satisfactory then install 2x6
decking instead of plywood.
Dock 13 (Boat Tammy) 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 2x6 decking on stringers
supported by an assortment of pvc and metal piers.
of the dock showing the 2x6
decking.
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photograph of the decking
of the underside of the larger
dock showing the bents and piers.
of the underside of the smaller
dock showing the bents, stringers and decking.
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dock.
graph of the 2x6 covered portion of the
of the plywood portion of the
dock. Note the metal piers, bent and decking above. It appears that the decking spans the dock
width without a stringer support in the middle.
2x6 portion, note the nails attaching the end
support to the pier.
„NNNN.... „---as LNG'munuM. I.uA.
Dock 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 Rosa): Dock 9 is approximately 64 ft long and 4'-6" wide. The decking
appears to have been recently replaced. The
stringers run along the landward and water
sides of the docks. The 2x6 decking spans from side to side.
i
15 �m rrom w�muwwmrriiir «r�r� uw a u�umu�mmrrrwrrrmw�w.uw.uw.w.w ., '
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.
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xmrami w�inw�m�nmwuw i_. �^dI.�kVGAB �.ti
16��.. � ... � �,,�„� ...,� v� ,.—.,.n.� � »,�„���� �.. �.. ��m. � . . ...........�.. r�wounmwowu�rwma�mm�rmi�ii� u�
Dock 10 Boat Maru): The dock is approximately 38 ft long and 7' 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 dock appears to be safe for now but
like the other docks on the property, the piers should be replaced and the framing secured.
of dock 10
of dock 10 showing where the
deck boards were replaced recently.
uuwwwuwmw�ww��� wm�mr�lluwwu�mttw�w �im�.. ����o wuuwmuw�nw �mm �
which is not adequately secured.
Photograph of the landward side of the dock
of the framing underneath the
accessible portion of the dock showing cantilevered framing and stringers.
piers.
lQiNGlw9ff�UWWW� WINMllIII@ YU Wflffl�uxPu
photograph of the framing and pvc
Dock 11 Boat G and D): 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
2x6 stringers and 4x4 piers. The dock is currently safe but the 4x4 piers should replaced in the
future with concrete, wood or aluminum piers.
of Dock 11.
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graph of the underside of dock 11
showing the 2x6 stringers and 4x4 posts.
of the corner of dock 11 which
should have a pile under it.
Dock 12 Boat Bella): The dock is approximately 27 ft long by 8 ft wide. The dock is covered
with plywood on 2x4 and 2x6 framing. The framing is supported by pvc pipe filled with
concrete.
t
m�mm�mm mmsoi met Moirxromw wow�w�mM�ww�ir mm�«rm m�mw�w�uw �Q�ti6;�8NU
of dock 12 showing the plywood
decking.
photograph of the plywood
decking.
.,.m.... _.�. . �_µ q dui mwm u u wmw «rr umwm�m wwu m m�m�u m v rw Q�."�C�INVC,MN (I. A...I-C
of the underside of the dock
showing the 2x6 framing
photograph under the dock
showing a pvc pipe filled with concrete support.
�......... __
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v , . �, ___ _ ._ .. _. _.... _ LNCACVH R d"I IC
photograph of the pvc pier
support.
The framing for this dock is difficult to evaluate due to space constraints. My recommendation is
to remove the plywood decking to evaluate the framing and if it is satisfactory then install 2x6
decking instead of plywood.
Dock 13 (Boat Tammy) 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 2x6 decking on stringers
supported by an assortment of pvc and metal piers.
of the dock showing the 2x6
decking.
Mu RAIN.NNN
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photograph of the decking
of the underside of the larger
dock showing the bents and piers.
of the underside of the smaller
dock showing the bents, stringers and decking.
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The dock is currently safe in my opinion. In the future the metal piers should be replaced and
stringers added to the framing.
Dock 14 Dock 14 is located along the southern portion of the property. There are at least two 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 4x4 posts as piers and 2x6 framing and decking.
of dock 14 which runs
along the southern portion of the property to the old fish house.
of the underside of the
dock showing the 4x4 piers and 2x6 framing.
25.........
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graph of the landward side of the
dock showing 4x4 posts resting on the ground.
of the dock where it narrows
down to approximately 4 ft wide.
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Photograph of dock 15
graph of dock 15 showing
deterioratethe d state of the dock.
Discussion:
In 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 (8 to 10" diameter), concrete (10" 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 docks 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 ''/z" 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 Army Corps of Engineers (ACOE). A permit from FDEP usually takes two to three months
. . ,.�w,.,,,m _ .
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to obtain after it has been submitted. A permit from ACOE can take 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 take three to four weeks to prepare. Once
permits have been obtained the repairs and or replacement of the docks can occur. A typical dock
will take anywhere from 2 to 3 weeks to a month to repair and or replace the piers and framing.
umm�uwwwuum�ww�wuu 6't� k �k R �"Dd..
6.zNGNUI'UNC I..Q.0
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
2
Plywood Portion — Unsafe
Remove plywood; Install piers, bents, stringers
Begin permitting
2x6 Decking - Safe
and 2x6 decking
process
3
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
5
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 2x6 decking
process
7
Plywood Portion — Unsafe
Remove plywood and install piers, bents, stringers
Begin permitting
2x6 Decking - Safe
and 2x6 decking
process
8
Safe
Install additional piers on landward and water
Upgrade within 3
ward sides to anchor dock
to 5 years
9
Safe
Install additional piers on water ward sides to
Upgrade within 3
anchor dock.
to 5 years
10
Safe
Install additional piers on landward and water
Upgrade within 3
ward sides to anchor dock
to 5 years
11
Safe
Install additional piers on landward and water
Upgrade within 3
ward sides to anchor dock
to 5 years
12
Needs further evaluation
Remove plywood, evaluate existing framing and
Evaluate
install 2x6 decking
13
Safe
Install additional piers on landward and water
Upgrade within 3
ward sides to anchor dock
to 5 years
14
Safe
Install additional piers on landward and water
Upgrade within 3
ward sides to anchor dock
to 5 years
15
Unsafe
Install piers, bents, stringers and 2x6 decking
Begin permitting
process
i
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..,w��. ���_..� _�.,._,„,.�„"r�wuwuwww�wuw�uwamo��mi�w�ra�arlm�m�m�m �.mw�mwi�oiamww�ww�w�wvwmw�t�Rmm�u w ...
to obtain after it has been submitted. A permit from ACOE can take 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 take three to four weeks to prepare. Once
permits have been obtained the repairs and or replacement of the docks can occur. A typical dock
will take anywhere from 2 to 3 weeks to a month to repair and or replace the piers and framing.
30 MLRff)PkN
INC.MLI RINC, � LC
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
2
Plywood Portion — Unsafe
Remove plywood; Install piers, bents, stringers
Begin permitting
2x6 Decking - Safe
and 2x6 decking
process
3
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
5
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 2x6 decking
process
7
Plywood Portion — Unsafe
Remove plywood and install piers, bents, stringers
Begin permitting
2x6 Decking - Safe
and 2x6 decking
process
8
Safe
Install additional piers on landward and water
Upgrade within 3
ward sides to anchor dock
to 5 years
9
Safe
Install additional piers on water ward sides to
Upgrade within 3
anchor dock.
to 5 years
10
Safe
Install additional piers on landward and water
Upgrade within 3
ward sides to anchor dock
to 5 years
11
Safe
Install additional piers on landward and water
Upgrade within 3
ward sides to anchor dock
to 5 years
12
Needs further evaluation
Remove plywood, evaluate existing framing and
Evaluate
install 2x6 decking
13
Safe
Install additional piers on landward and water
Upgrade within 3
ward sides to anchor dock
to 5 years
14
Safe
Install additional piers on landward and water
Upgrade within 3
ward sides to anchor dock
to 5 years
15
Unsafe
Install piers, bents, stringers and 2x6 decking
Begin permitting
process
31 Hq I M 11 N
LNCMIA KI NG i I C
J1Le
Site is located at 6460 Front Street in Stock Island
Figure 1: Site Location Map
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Sec. 6-27. - Unsafe buildings.
(a) Definitions: 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.
(b) 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
b. 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
j. The building is being used illegally or improperly based on the Florida Building Code; or
i. A change in the existing use originally approved has occurred without required
permits, inspections, and/or approvals; or
ii. A change in occupancy classification of a building or structure or portion thereof has
occurred that does 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 1
Eydi'lbi+ 8
k. 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)(2)(a)-O), as determined by the Building
Official or Fire Marshall, with proper notice as defined in Chapter 6-27, Section (d). This
provision does not supersede the authority of the building official under the Florida
Statutes or the Florida Building 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
424.2.17 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
building, 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 remediation 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 mailed 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 refer -red to code compliance. This provision does not supersede
the authority of the building official under the Florida Statutes or the Florida Building Code.
'Code 19-19, § 6-4, Ord, No0 10-2001 § 2, Ord, No, 0 15-1008, §§ 2-, Ord- No. 022-20 1 §
Page 2
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Page 2 of 5
Include®.:
RoorType RWCmr Foundation
Hatt Nut, Bedrooms 0
Nut arc 1 Nut are 1
Eats Future:
2Fix Bath
0
Vacuum 0
3 Fls Bath
0
Gu4ago Disposal 0
4 Fla Bath
0
Campania 0
s Fit Bath
0
sectolty 0
0 Fix Bath
0
lnuraom 0
7 F4 Bath
0
Flmpteas 0
Eden Fla
20
Dbft"relror 0
40 FT.
FLA
8 F73 8 FT,
15 FT. 10 FT. 15 FT.
Nbr Type Eat Wall r storloa YGW BuN Attic AIC Boumm % F1Nshed uaument % Areal
1 FLA 1 1000 320
2 06ff 1 1908 40
bdariar Flnlsh:
section Net brbri%PIUeb Nbr T Area % s riUd% APC
111037 OFF BLOW MY-0 100 N N
6amrior WUI�
bdadm Finish Nbr TYPIN Ama %
5182 METAL siDWS 100
Building 2 Details
Building Typo
Conahlen E
CudwGm01250
Etfactin Age 12
Perimeter, 11a
Depreciation % is
Year BUIB 1s08
$pedal Arch 0
Bred Floor Area 010
FUnctloul Cbe 0
Economic Obs 0
Inclualons:
ROM Typo
ROM Cover
Foundation
Nutt
Heat
Bedrooms 0
Mad are 1
Hap are 2
Eaten Features:
2 Fla each 0
Vacuum 0
1 Fla Bath 0
Garbage Disposal 0
4FIaOath 0
Compactor 0
6 Fla Bath 0
security 0
8 Fla sash 0
Intercom 0
7 FIR Bath 0
Flmplecas 0
Eaten Fin a
Diahoash% 0
hitp://www.mcpai7.org/PropSearch.aspx 8/20/2014
Property Search -- Monroe County Property Appraiser
FLA
B 10.1 I6
16FT
26 FT
J 7 FT. '
22 FT
I FT. '
CLP t
24246
22 FT 22 FT
I I FT
Nor TVPO FatWoO 0Stoabo Year Built At9e AIC Bonoment% FlnhhedBawmard% Ana
1 FLA 1 1200 010
2 CLP 1 1009 212
Intorfor Fbaloh;
Boodon Nbr Interior Flnlah Nbr Mme Ane % S Hider A/C
15036 PACKING PLANTS 100 N N
Pmorlorwall:
I~or Flnlob Nbr T Ana %
51B3 CONC BLOCK 100
BWldin®Type i&1
Condition
Quallty6rade350
EfiGWa Ago 40
Perimeter k
Ooproolo" n % 39
Yw BUM 1005
Spwlol Arch 0
Grad FteorAraa 256
Fundh ml Obe 0
Eeonomlo Obe 0
Inoluetono: R1 hchWas 13.51dum bath and 1 k1chen
Roof Type 6ABLEMIP
Real Cover METAL
Found®9on CONC FILINGS
Hold NONE
Hui I NONE
Bedrooms 0
HostSm 1 NONE
HadSm I NONE
Eakin Fammoo:
2 Fla 0 ath
0
Vacuum 0
3 Fla Bath
-1
Badwou Ckposal 0
4 Fix Bath
0
COnglactel 9
0 FIX Bath
0
Security 0
0 Fla Beth
0
Irdoroom 0
7 Fla Bath
a
Replaces 0
Eatre Fla
-3
Omhmshor 0
http://www.mepafl.org/PropSearch.aspx 8/20/2014
Page 4 of 5
8 FT.
8 FT.
268�0
FLA
2WL
20 FT.
32 FT. 32 FT.
32 FT.
6 FT.
6
I
ft
6 FT.
6 FT.
8 FT.
8 FT,
Santana;
Nbr TVP8 Sat woil 0 Shubs Yon Suitt Attu A/C Boaemant % FInIaMd Bawment 4t Aeao
1 Fill RMETAUALUM 1 1996 N N 0.00 000 256
2 2N 1 love N N CLOD 0.00 30
3 EFD 1 1996 N N moo am 250
Misc Improvement Details
Nbr
o
0 Units
Lanwh
1Mdth
Year OMIR
Rao Year
Orade
Lre
1
DK3:CONCRETEDOCK
1,670SF
1117
10
1979
1080
1
s0
2
DK4:W0OODOCKS
6,1808F
B16
10
1979
IND
3
40
3
SW2:SEAWALL
100 SF
510
3
1979
19BO
1
80
4
DK3,CONCRETE DOCK
120 SF
15
a
1879
1980
1
s0
s
DKA WOOD DOCKS
02 SF
23
4
1979
1960
1
40
9
DK4.W000 DOCKS
1,832 SF
130
12
1079
IM
1
40
7
DK4:WDO0DOCK3
225SF
1s
16
togs
1996
3
40
®
DU WOOD LOCKS
420 SF
35
12
1979
loss
1
40
9
DK4WOOD DOCKS
378SF
47
a
iwe
1880
1
40
10
WD2 WOOD DECK
140 SF
14
10
1995
1096
1
40
2000435-12 ADDED THE TWO BUOAINGS FOR THE Y2K TAX ROLL -AND DELETED THE OLD MISCELLANEOUS ANDADDED HE NEW MISC, DUG 2001.Oa0S CHANGED HE OG
FOR BLDG 1 OF 2 FROM 60 TO 100 FOR THE 2001 TAX ROLL, DUO 412VAN ADDED BIM 0 3. WAS PUT ON THE WRONG PARCEL. D M.J.
SPLIT OUT 1 927AC FROM 0(12728D-000000 PER OR21713U BSOIC OR217138MI
MOVED LARGE COMMERCIAL CANOPY TO AKON4793: REMAiNER OF CARD APPEARS CORRECT AT TH.S TIME, D FFICULT AREA TO INVENTORY.
Building Permits
aide
Number
Date Issued
Date Completed
Amount
Deaerl Ion
Nana
10100744
03l01/2010
1,000
Comrnardol
REMOVE ILLEGAL WIRING
XMI)
11101/1862
11/0111982
20Q000
Commardp
SEWAGE PLANT
913584
11/01/1991
11WV1902
"I
Commemw
FENCECCHAINLWK
03-5739
081m/1993
120M/19oS
2.000
Commerce!
FENCE
4
970755
04IM1908
011012A00
gOD
Commorcm
BLDG MISCELLANEOUS
5
=737
07/21119"
01101rAw
2,000
Danerle1061
CONBTRDCTION/SALES TR
9
00490
MRB=D
1213W20O5
306
Commardel
LAND CLEM
Parcel Value History
CerBfled Roll Values
View Taxes for this Parcel.
http://www.mepafl.org/PropSearch.aspx 8/20/2014
Property Search -- Monroe County Property Appraiser
Page 5 of 5
"lye" Total swo Valus Toul bile
tEmornoravalue
To1W Land Veka To1W Just (Madaill Was Total Aamood Volvo School EXOMpt
Value 6etwol Taxable Varos
2014
7005
72.143
2.420.320
723,514
723.614
0
723,514
2013
76.388
73,289
1,059.371
723,514
723,514
0
723,514
2012
79,368
74.381
1.959,371
72s,514
723,514
0
723,514
2011
79,946
75.033
1,069,371
723,514
723.514
0
723,614
2010
81,336
78.124
3,414,955
1,033,592
1.033,622
a
1.033592
2040
62,439
77,270
5,406.161
1,023,592
1,033,592
0
1.033.602
2019
82,450
77.mo
2,286,161
1,033,592
1.033,592
a
1,031.592
2007
Bobo?
72,893
3.162.161
1.033,592
1,038.592
a
1,033,592
2008
eB.507
65,003
393,366
516,798
Bte,7ss
a
516,798
2006
67.284
IW540
475,738
723.560
723ABO
0
723,560
2004
64.247
75,906
398,061
530,216
638,216
0
$38,210
2003
49.950
$0.133
390,051
520150
520.150
0
521,160
2002
49,956
82,900
203,678
420.522
428,622
0
428,632
2001
49,956
07,121
208,020
405,887
405.09
0
405.897
ISO
45.611
54.276
268M
360,909
sas.wo
o
386,909
lm
0
12.421
252,00
271,080
271.860
0
271.M
low
0
10.372
252,259
218,e31
266.031
0
280621
180?
9
16,646
252,269
289.007
208,907
0
288907
1910
0
18699
262,259
260,156
289,156
0
28g16e
logs
0
17.140
262,259
269,408
2118,406
0
269,408
loss
0
17,425
292,269
209,684
269,684
0
25%664
logs
0
17,084
290,053
307,137
307,137
0
30?,13?
lss2
0
15.285
200.053
306,338
306,338
0
3433B
1991
0
15,458
290,055
306.811
305.511
0
3011,611
1900
6
15,632
290,053
306,885
305,685
0
306,ee5
lose
0
15,005
290,053
305.868
305,859
0
3a5,e5g
1980
0
16,079
290.053
308,032
34032
0
3013.1W
1907
0
16,153
403,144
410207
419,297
0
419.297
19t6
0
16,327
403,144
419,471
419,471
0
410.471
1996
0
1s,501
403,144
419.045
419.045
0
419.645
1984
0
16,074
403144
419.Bte
410,018
0
412818
1913
0
18.912
403,144
420.05e
420.056
a
420056
1982
0
17,007
2?2.758
289.80
209040
0
289.646
Parcel Sales History
NOTE: Sales do not generarly show up In our computer system until about two to three months after the date or sale if a recent sale does not show up In
this flat, please SHOW more time for the sale record to be processed. Thank you for your patience and understanding
There are no @alas to for Ods parcel
This page her been visited 350.113 times.
Monroe County Monroe County Property Appraiser
Scott P. Russell, CFA
P.O. Box 1176 Key Went, FL 33041-1176
http://www.mcpafl.org/PropSearch.aspx 8/20/2014
., S.
ki
Safe Harbor Seafood LLC RE: 00123600-000100
Front St/ Stock Island
Inspector N Dowling 08/30/2014
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Safe Harbor Seafood LLC RE: 00123600-000100
Front St/ Stock Island
Inspector N Dowling 08/30/2014
/i sir
i
ff..
JI
, Illi���l.��i,�n���YlflNf�tN✓�,,,.�/.,.,., �'�:�iirmrz�.,,,,_�,,,,.. „� �%� //G,/���,ln�� , � /„ rr%,,. v
N r
( � u "/%//✓ii/ % ;err���i////%�1Ki%%rrf���% �, �, �/ll;';1� %// ",,; r/1/l/%///'Jl/ �/` /
07--mmy
Cott P. Russell, CFA
y 11'est (305) 292-3420
Property Appraiser Marathon (305) 289-2550
L:A
.Monroe County, Florida Plantation Key (305) 852-
7130
Property Record Card - Website teated on IE8,
Firefbx.
Maps are now launching the new map applicatiorkv i':@Aka Flash
10.3 or higher
Ownership Details
Melling Address:
SAFE HARBOR SEAFOOD LLC
1025 18TH TER
KEY WEST, FL 33040-4250
Property Detail s
PC Code: 44 - PACKING PLANTSISEAFOOD/FRUIT
Millege Group: I I OA
Affordable No Housing:
Section' 35-67-25
Township -Range..
Property Location: 6460 FRONT ST SOUTH STOCK ISLAND
Legal 35-67-25 PT BK 65 MCDONALDS PLAT PBl-55 AND FILLED ADJ BAY BOTTOM (2.31 AC) & ADJ BAY BTM
Description: (1.43 AC) STOCK ISLAND OR851-1761/1762 OR866-2436124380/C ORI 088-2091/2095 OR2700-33144
OR2700-551690/C
I
http-//www.incpafl.org/PropSearch.aspx 1/12/2015
� •::.. 141
. i . f �,� � .. ,..�: ...
.
Property Search -- Monroe County Property Appraiser
Building Summary
Number of Buildings: 1
Number of Commercial Buildings: 1
i Total Living Area: 610
° Year Built; 1999
Building 2 Details
Building Type
Effective Age 13
Year Built 1999
Functional Obs 0
Inclusions:
I Roof Type
Heat 1
Heat Src 1
IExtra Features:
2 Fix Bath 0
l 3 Fix Bath 0
I 4 Fix Bath 0
5 Fix Bath 0
° 6 Fix Bath 0
7 Fix Bath 0
Extra Fix 4
FLA
610-1 is
'16 FT.
Condition A
Quality Grade 250
Perimeter 116
Depreciation % 15
Special Arch 0
Grnd Floor Area 610
Economic Obs 0
Roof Cover
Foundation
Heat 2
Bedrooms 0
Heat Src 2
Vacuum 0
Garbage Disposal 0
Compactor 0
Security 0
Intercom 0
Fireplaces 0
Dishwasher 0
10 FT.
7 FT.
22 FT,
26 FT. 1 I FTT
CLP
242-BB
22 FT. 22 FT.
11 FT.
Sections:
Nbr T pe Ext Wall # Stories Year Built Attic AIC Basement % Finished Basement % Area
1 FLA 1 1990 610
2 CLP 1 1999 242
http://www.mcpafl.org/PropSearch.aspx 1 /12/2015
Property Search -- Monroe County Property Appraiser
Interior Finish:
I
Section Nbr Interior Finish Nbr Type Area % Sprinkler A/C
15038 PACKING PLANTS 100 N N
Interior Finish Nbr Type Area 1
5183 CONIC BLOCK 100
I
Misc Improvement Details
Page 4 of 6
t
I
Nbr
Type
f/ Unite
Length
Width
Year Built
Roil Year
Grade
Life
1
OK3°CONCRETE DOCK
1,670 SF
167
10
1979
1980
1
80
2
DK4:WOOD DOCKS
5,150 Sr
515
10
1979
1980
3
40
3
SW2 SEAWALL
1,590 SF
530
3
1979
1980
1
80
4
DK3:CONCRETE DOCK
120 SF
15
8
1979
1980
1
60
5
DK4:WOOD DOCKS
92 SF
23
4
1979
1900
1
40
6
OK4:WOOD DOCKS
1,632 SF
136
12
1979
1980
1
40
7
DK4:WOOD DOCKS
225 SF
15
15
1995
logo
3
40
8
DK4:WOOD DOCKS
42D SF
35
12
1979
1980
1
40
9
DK4:WOOD DOCKS
376 SF
47
8
1979
1980
1
40
10
WD2:W0OD DECK
140 SF
14
10
1995
1996
1
40
j Appraiser Notes
2000-05-12 ADDED THE TWO BUILDINGS FOR THE Y2K TAX ROLLAND DELETED THE OLD MISCELLANEOUS AND
ADDED HE NEW MISC. DUG 2001-04-03 CHANGED HE QG FOR BLDG 1 OF 2 FROM 50 TO 100 FOR THE 2001 TAX ROLL.,
DUG 4/29/2004 ADDED BLDG 9 3, WAS PUT ON THE WRONG PARCEL D. M.J.
SPLIT OUT 1.927AC FROM 00127280-000000 PER OR2171-386//88Q/C OR2171-389191
MOVED LARGE COMMERCIAL CANOPY TO AK9084783: REMAINER OF CARD APPEARS CORRECT AT THIS TIME;
i DIFFICULT AREA TO INVENTORY.
PER QUIT CLAIM DEED RECORDED IN OR2700-55/59 IN AUGUST 2014 A SMALL PARCEL OF RAY BOTTOM (.44 AC) WAS
! TRANSFERRED FROM RE 00123770-0DDODO AK 1157911 TO THIS PARCEL. THERE WAS NO SALES PRICE LISTED ON
QUIT CLAIM DEED, DONE FOR THE 2015 TAX ROLL.
Building Permits
Bldg
Number
Date Issued
Date Com feted
Amount
Description
Notes
10100744
03/04/2010
1,000
Commercial
REMOVE ILLEGAL WIRING
A-9910
11/01/1982
11/01/1982
200,000
Commercial
SEWAGE PLANT
91-3564
11/01/1991
11/01/1992
771
Commercial
FENCE CCHAINLINK
4
93-5739
970766
08/01/1993
04/2611999
12/0111993
D1/01/2000
2,000
900
Commercial
Commercial
FENCE
BLDG MISCELLANEOUS
5
D90737
07/21/1999
01/01/2000
2,000
Commercial
CONSTROCTION/SALES TR
6
00/0490
02/1W000
12/30/2005
300
Commercial
LAND CLEAR
http://www.mcpafl.org/PropSearch.aspx
1/12/2015
j Parcel Value History
I certified Roll Values.
j View Taxes for this Parcel.
I
I Boll
Year
Total Bldg
Value
Total Mlsc
Improvement Value
Total Land
Value
Total Just
Market Value
Total Assessed
Value
School
Exempt Value
School Taxable
Value
2014
78,265
72,143
2,420,329
723,514
723,514
0
723,514
2013
79,386
73,289
1,959,371
723,514
723,614
0
723,514
i 2012
79,386
74,381
1,969,371
723,514
723,514
0
723,514
' 2011
79,946
75,033
1,959,371
723,514
723,514
0
723,814
2010
81,338
76,124
3,414.955
1,033,592
1,033,592
0
1.033,592
2009
82,459
77,270
5,408,161
1,033.592
1,033,592
0
1.033,592
2008
2007
82,459
66,507
77,889
72,893
2,268,101
3,162,161
1,033.592
1,033,592
1,033,502
1.033,592
0
0
1,033,592
1,033,592
2006
66,507
56,903
393,386
518,796
616.796
0
615,798
2006
67.284
180,540
475.736
723,560
723.660
0
723,560
2004
64.247
75,908
398,081
538,216
638.216
0
538,218
2003
49,966
80,133
398,061
528,150
528.150
0
528,150
2002
49.958
82,900
293,676
426,532
426,532
0
428,532
2001
49.956
87,121
268,820
405,697
405,697
0
405,897
2000
45,811
54.278
288,820
388.909
368,909
0
368,909
1999
0
19,421
262,259
271,680
271,680
0
271,680
1998
0
16,372
252,259
288,631
208,631
0
288.631
1997
logo
1995
0
0
0
16,848
16,899
17,149
252,259
252,259
262,259
258,907
269,150
259,408
288,907
269,156
269,408
0
0
0
268,907
269,158
269,408
1994
0
17,425
252,259
289,684
289,664
0
269,684
1993
1992
0
0
17,084
15,285
290,053
290,053
307,137
306,338
307,137
305,338
0
0
307.137
305,338
1991
1900
lose
0
0
0
15,458
15,632
15.806
290,053
290,053
290,053
305,511
305,885
305,859
305.511
305,685
305,859
0
0
0
305,511
305,585
305,859
loss
1987
0
0
15,979
16,153
290,053
403,144
306,032
419,297
306,032
419.297
0
0
306.032
419,297
lose
0
18,327
403.144
419,471
419,471
0
419,471
1966
1984
0
0
18,501
16,674
403,144
403,144
4i9,645
419,618
419.045
419,818
0
0
419.645
419.818
1903
0
16,912
403,144
420,056
420,056
0
420,056
1982
0
17,087
272,769
289,846
289,646
0
289,646
http://www.mcpafl.org/PropSearch.aspx 1 / 12/2015
NOTE: Sales do not generally show up in our computer system until about two to three months after the
date of sale. If a recent sale does not show up in this list, please allow more time for the sale record to be
processed Thank you for your patience and understanding
Sale Date
Official Records Book/Page
Price
Instrument
Quallfication
8/2112014
2700133
2,400,000
VVD
811912014
2700/65
100
QC
11
This page has been visited 159,227 times.
Monroe County Monroe County Property Appraiser
Scott P. Russell, CFA
P.O. Box 1176 Key West, FL 33041-1176
http://www.mcpafl.org/PropSearch.aspx 1/12/2015