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Item P5BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 20, 2015 Bulk Item: Yes No X TIME CERTAIN 2 PM Division: County Attorney Department: Code Compliance Staff Contact /Phone #: Steve Williams/292-3470 AGENDA ITEM WORDING: Discussion and direction at the request of the property owner, Alexa L. Wheeler, Trustee of the Alexa L. Wheeler Revocable Trust, for a reduction in the outstanding code fines imposed in code case CE08120093. ITEM BACKGROUND: As a result of Code Case CE08120093, a Final Order was recorded as Lien on behalf of the County on June 2, 2009. This case was deemed compliant on June 30, 2009 with the completion and passing of all required building department inspections on demolition permit 09301966. Therefore a daily fine of $100.00 per day accrued for 88 days (April 3, 2009 -June 30, 2009), fora total fine amount of $8,800.00. Additionally, per F.S. § 162.07(2), if the local governing body prevails in prosecuting a case before the enforcement board, it shall be entitled to recover all costs incurred in prosecuting the case before the board and such costs may be included in the lien authorized under s. 162.09(3). To date these costs are $407.52 and continue to accrue until the case is closed. Therefore the current amount of the Monroe County Lien is $9,207.52 ($8,800.00 fines and $407.52 costs). On March 5, 2010 Assistant County Attorney, Lisa Granger offered Ms. Wheeler the maximum reduction allowed by staff, $2,607.52 ($2,200.00 fines and $407.52 costs), and Ms. Wheeler requested to address the BOCC. While preparing the agenda item, research revealed that the sign permitted with permit 09300270 was in fact located on the State Right of Way due to inadequate site plans submitted with the permit application, thereby creating another violation. After several meetings with staff, and communication with the DOT (Department of Transportation), it was agreed that the DOT would write Ms. Wheeler addressing the issue, and once the sign was either removed, or corrected in some other manner, the County could proceed with their reduction offer and BOCC request. On May 17, 2013 Ms. Wheeler leased the portion of the State Right of Way, thereby correcting the violation. A letter was mailed February 25, 2015 again offering the maximum reduction allowed by staff, $2,607.52 ($2,200.00 fines and $407.52 costs). On March 11, 2015, staff received a request from Ms. Wheeler to appear at the May 20, 2015, BOCC meeting. PREVIOUS RELEVANT BOCC ACTION: On May 21, 2008 the BOCC passed and adopted resolution 148-2008 adopting a maximum amount for the reduction of fines by staff after the property has been made compliant. CONTRACTIAGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Accept the maximum fine reduction allowed by staff per resolution 148-2008, of $2,607.52 ($2,200.00 fines and $407.52 costs), for 30 days and provide a Full Satisfaction and Release of Lien upon payment. After 30 days amount will revert to the full amount of $9,207.52. __m............. TOTAL COST: INDIRECT COST: BUDGETED: Yes DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes _ No AMOUNT PER MONTH Year APPROVED BY: County A l OMB/Purchasing Risk Management DOCUMENTATION: Included Not Required DISPOSITION: AGENDA ITEM # 2 Code Compliance Department 2798 Overseas Highway Marathon, Florida 33050 Voice: (305) 289-2810 FAX: (305) 289-2536 County of Monroe Growth Management Division We strive to be caring, professional, and fair. MEMORANDUM Board of County Commissioners Mayor Danny L. Kolhage, Dist.I Mayor Pro Tern Heather Carruthers, Dist. 3 George Neugent, Dist. 2 David Rice, Dist. 4 Sylvia I Murphy, Dist. 5 TO: Steve Williams, Assistant County Attorney FROM: Kathleen Windsor, Sr. Code Compliance Research Analyst -<� DATE: May 4, 2015 SUBJECT: Request for additional reduction in fines CE08120093, 98500 OVERSEAS HWY KEY LARGO SUMMARY: The County has received a request from Alexa L. Wheeler, the property owner, to address the BOCC, asking it to further reduce the amount of fines beyond staff s February 25, 2015 offer. CASE CE08120093 BACKGROUND: On December 9, 2008 research revealed that ground mounted signs had been installed without required permit(s) approval(s) and inspection(s). A case was created (CE08120093) and on January 13, 2009 the property owner was sent a Notice of Motion/Notice of Hearing certified mail for a hearing to be held on March 26, 2009. The certified mail was signed for on January 23, 2009. On March 3, 2009 the County received a permit application for "copy change to existing sign" 09300720. A reinspection for the Hearing was conducted on March 24, 2009 and the signs remained, and the permit had not been issued, therefore the violation remained. On March 26, 2009 the hearing was held and the Special Magistrate found the property in violation of Monroe County Code 9.5-111(1) and imposed a compliance date of April 2, 2009 and imposed a daily fine of $100.00 if compliance was not achieved by that date. Compliance was not achieved by that date. Therefore, the daily fines began accruing on April 3, 2009. Additionally, the Final Order was recorded as a Lien on behalf of the County on June 2, 2009. On May 27, 2009 the County received another permit application for the demolition of the Northbound Sign. This permit 09301966 was issued on June 24, 2009 and closed on June 30, 2009. This case was deemed compliant on June 30, 2009 with the completion and passing of all required building department inspections on demolition permit 09301966. Therefore a daily fine of $100.00 per day accrued for 88 days (April 3, 2009 - June 30, 2009), for a total fine amount of $8,800.00. Additionally, per F.S. §162.07(2), if the local governing body prevails in prosecuting a case before the enforcement board, it shall be entitled to recover all costs incurred in prosecuting the case before the board and such costs may be included in the lien authorized under s. 162.09(3). To date these costs are $407.52 and continue to accrue until the case is closed. Therefore the current amount of the Monroe County Lien is $9,207.52 ($8,800.00 fines and $407.52 costs). On March 5, 2010 Assistant County Attorney, Lisa Granger offered Ms. Wheeler the maximum reduction allowed by staff, $2,607.52 ($2,200.00 fines and $407.52 costs), and Ms. Wheeler requested to address the BOCC. While preparing the agenda item, research revealed that the sign permitted with permit 09300270 was in fact located on the State Right of Way due to inadequate site plans submitted with the permit application, thereby creating another violation. After several meetings with staff, and communication with the DOT (Department of Transportation), it was agreed that the DOT would write Ms. Wheeler addressing the issue, and once the sign was either removed, or corrected in some other manner, the County could proceed with their reduction offer and BOCC request. On May 17, 2013 Ms. Wheeler leased the portion of the State Right of Way, thereby correcting the violation. A letter was mailed February 25, 2015 again offering the maximum reduction allowed by staff, $2,607.52 ($2,200.00 fines and $407.52 costs). On March 11, 2015 staff received a request to address the BOCC at the May 2015 meeting. STAFF RECOMMENDATIONS: Accept the maximum fine reduction allowed by staff per resolution 148-2008, of $2,607.52 ($2,200.00 fines and $407.52 costs), for 30 days and provide a Full Satisfaction and Release of Lien upon payment. After 30 days amount will revert to the full amount of $9,207.52. Attachments: Case Detail Warranty Deed dated March 28, 2008 Current Property Record Card Photos- 12/8/2008 Notice of Violation/Notice of Hearing Permit detail 09300720 - copy change Photos Plan reviews Photo - March 24, 2009 Final Order Permit detail 09301966 - demo sign Fine screen Email dated March 5, 2010 Site plans from permit 09300720 Aerial Photos March 11, 2010 Lease of ROW Reduction offer letter Email request Resolution 148-2008 0 CODE ENFORCEMENT DETAIL Case Number CE08120093 Tenant VIOLATION: REALTY WORLD Case Date 12-10-2008 Add Info 70081140 0001 4454 3383 Origination 4 - CDF Status L - LIEN CREATED Operator reedere Officer KW PROPERTY ON CASE RE 00087900000000 Owner WHEELER ALEXA L REV TRUST C/0 Property Address 98500 OVERSEAS HWY ISLAND OF Owner Address P 0 BOX 1634 ISLAMORADA FL 33036 City/State/Zip KEY LARGO FL 33037 City/State/Zip Phone CASE DESCRIPTION ILLEGAL SIGNS 12/9/08-NO PERMIT FOR SIGN, PORTA BLE SIGN OBSERVED AND OCCUPATIONAL LIC EXPIRED. ISSU E NOV/HEARING TO OWNER. VIOLATION CODE(S 1: 12.1-1 -- OCCUPATIONAL TAX STRUCTURE .. . ......... 2: 9 5 111(1) BUILDING PERMIT REQUIRED NOTES 2009-02-03 09:17:21 2009-03-25 09:32:33 SPOKE WITH ALEXIS WHEELER. HAS UPDATED OCC. LICENSE. W SIGN CO ILL GET WITH SIGN CON- TRACTOR TO PERMIT "CHANGE OF COPY" SIGN. UPDATED OCCUPATIONAL LICENSE IN FILE PORTABLE OF PO8: GROUND EXHIBIT #1 IS PHOTO ..m......µ .._ MOUNTED SIGNS EXHIBIT #2 IS EXPIRED OCC. LICENSE EXHIBIT #3 IS RENEWED OCC. LICENSE EXHIBIT #4 PERMIT APPICATION FOR CHANGE OF COPY FOR SIGNAGE DATED 3/3/09 EXHIBIT #SARE NOTES FROM PLANNING STATIN PROBLEMS WITH APPLICATION. ONE PROBLEM I IS THERE ISN'T A PERMIT FOR THE ORIGINAL SIG,..,,.... ..PLANNING REQUIRES.. .. ... ................. N, SO ADDITIONAL INFORMATION TO APPLY FOR NEW SIGN PERMIT EXHIBIT #6 IS A PHOTO SHOWING NON-COMPI- ANCE WITH 3 GROUNG MOUNTED SIGNS IAPPLICATION _ ... EXHIBIT #7 IS A DEMO PERMIT A FOR ONE OF THE SIGNS. l,♦+-- I/o..n- .lhl 0-9,- nn-('Rn2l7AnQ2 I;IA0 115 Code Enforcement Detail Page 2 of 3 2009-07-07 10:48:30 BOTH PERMITS ARE VERY CLOSE TO BEING ISSUED. ONCE ISSUED A FINAL INSPECTION WILL BENEEDEDFOR COMPLIANCE DEMO PERMIT COMPLETE 8 IS CLOSED. FINAL INSPECTION WAS 6/30/09. PERMIT 09301966. PHOTO TAKEN SHOW SIGN REMOVED. IN C _. OMPLI ANCE WITH 9.5-111(1). PORTABLE SIGN REMAINS. INSPECTIONS/EVENTS DETAIL DATE TIME INSPECTION / EVENT TYPE 02-25-2015 16:09:18 MITIGATION OF FINES OFFER 02-25-2015 09:18:41 COMMENT CODE 03-11-2010 15:54:14 COMMENT CODE 07-17-2009 08:31:25 COMMENT CODE 07-17-2009 07:26:19 COMMENT CODE 07-10-2009 16:19:40 COMMENT CODE 07-10-2009 16:16:00 COMMENT CODE INSTRUCTIONS / COMMENTS IT APPEARS THAT NO FORMAL LETTER WAS MAILED W/ REDUCTION. COMPLIANCE WAS ACHIEVED WITH DEMOLITION OF OFFENDING SIGN. THERE WAS AN ISSUE WITH THE PLACEMENT OF THE REPLACEMENT SIGNS... ON ROW.. HOWEVER THAT HAS BEEN RESOLVED NOW THAT PO HAS LEASED OR PURCHASED THE ROW IN FRONT OF BUSINESS. MAILED REDUCTION LTR WITH FULL MITIGATION ALLOWED BY STAFF FILE IN LIEN DRAWER JUNE 2009 CA HAS SPOKEN W/ PO OFFERING 75% REDUCTION IN FINES (2200.00). COSTS ARE 407.52. PO HAS ASKED TO EAR @ BOCC NOTICE OF CONTINUANCE OF HEARING FOR SIGN CASE MAILED BY LIAISON. FINAL COSTS ACCRUED $407.52. TOTAL FINES AND COSTS DUE: $9207.52. ADDED FINE .... ..� ..� ,....... _ �_ �.�_w...- ON 9.5-111(1) START DATE: 04/03/09 FINE AMT: 100.00 END DATE: 06/30/09 THE CHARGE OF 9.5-111(1) WAS COMPLIANT ON 6/30/09. FINES IN THE AMOUNT OF $100.00/DAY RAN FROM 4/3/09 TO 6/30/09 (88 DAYS) TOTALING: $ 8800.00. FINES AND COSTS FOR THE CHARGE OF 9.5-111(1) ONLY TOTAL $9,207.52. (LIEN ALREADY RECORDED FOR THIS CHARGE) THIS CASE REMAINS OPEN FOR THE SIGN CHARGE OF 9.5-403(B)(9). 07-07-2009 10':4"8.51 COMMENT CODE IN COMPLIANCE WITH 9.5-111(1) ON 6/30/09 ,._. ..... AND FINES CONTINUE TO ACCRUE UNTIL_.. 07 02 2009 16:28:42 COMMENT CODE COSTS T. 06-30-2009 10:46:20 REINSPECTION FOR HEARING FINAL INSPECTION ON DEMO PERMIT PASSED .m... ..,... ....... ...... ........ ... ... ._..m...._........ FINAL ORDER SENT F.... ROM 03/26/09 RECORDED 06-02-2009 14:50:08 ORDER SENT TO MCCO FOR REC WITH CLERICS OFFICE ON 06/2/09. DOC# 1744717 BOOK 2415 PAGES 1473-1475. 05-28-2009 18:39:26 REINSPECTION FOR HEARING COMPLIANCE ON 12.1-1 1e.... _ _ w... . __.. ... _. . 05 28 2009 5:17 LIEN ORDER RECORDED 15:5 ........ ......... MCCO SM IMPOSED LIEN. ..... _�..... SM FINAL ORDER FOUND IN VIOLATION FOR THE CHARGE OF 9.5-111(1). COSTS IMPOSED UNTIL COMPLIANT AND FINES IN THE AMOUNT OF $100.00 PER DAY IF NOT COMPLIANT BY 03-26-2009 21:18:32 XXXFINDING OF FACT 04/2/09 AND HEARING SET FOR 05/28/09. THE CHARGE OF 12.1-1 WAS COMPLIANT ON 2/4/09. THE CHARGE OF 9.5-403(B)(9) STAYED PER BOCC TO 7/30/09. 03-25-2009 16:53:13 REINSPECTION FOR HEARING NOT IN COMPLIANCE/SEE NOTE IN FILE 02-04-2009.. 14:52.22 REINSPECTION FOR H E ........... ........ EARING 12.1 1 IN COMPLIANCE (UPDATE IN FILE) 02-02-2009 16:27:50 SENT TO DIRECTOR FOR REVIEW t,ff—.Ie--- ....,....r.,orltl ncnv91-aeP nn-,,rpnRI7nnQi 5d4/20I5 Code Enforcement Detail Page 3 of 3 02-02-2009 16:27:35 COMMENT CODE 01-23-2009 10:28:53 XXXNOV CERTIFIED RETURNED 01-13-2009 10:42:11 NOTICE OF VIOLATION/HEARING 01 �_ ,....-. 2 2009 .v ... 11:16:52 A ....L .,.o—..... M`AKE VIOLATION 12-10-2008 17:29:28 CREATE A CASE 12-09-2008.. 11:30:47 INITIAL INSPECTION TYPE Your privacy is important to us, for more information see our privacy Doticv. Copyright ® 2007 - THE PLUS SERIES ® - All Rights Reserved 1,H-.•8l0......,.+.++„•.+—,,n*%,-fl..r 0ar:n%rVhie1rnrlP1rnriP Atl ncnv'?rncP nn=rFnR l7nnQ1 514/2015 Deep 1688343 03/28/2008 2t34PM Filed ll Recorded in official Records of NONROE COUNTY DANNY L. KOLNAGE 93/28/2908 2:3413" DOW CDC STAW CL: RHONDA $5,565.09 Prepared bv: Andrew McClung Atlantic Title Insurance Company 95360 Overseas Hwy Ste 10 Docp 688343 Key Largo, FL 33037 Bkn 23'S2 Pyn 1619 rSpace Above This tine For Retarding t. —i Warranty Deed This Warranty Deed made this 28th day oA March, 2008,hetween Thomas J. McDermott as Trustee of the Thomas J. McDermott Revocable Trust dated May 13, 19" and Suk H. McDermott as Trustee of the Suk H. McDermott Revocable Trust dated May 13. 19" whose post office address is 166 Rushton Lane, Tavernier, FL 33070, herein called Grantor, and Alexa L. Wheeler as Trustee of the Alexis L. Wheeler Revocable Trust dated 5128/1997 whose post office address is P.O. Box 1634, lslamorada, FL 33036, herein called Grantee: I Whenever used herein the lam "Grantor" and "Grantee" include all the patties identified herein as such.) Witnesseth, that the Grantor, for and in consideration of the stun of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration to the Grantor in hand paid by the Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, and the heirs and assigns of the Grantee forever, the following described land, situate in Monroe County, Florida, to -wit: See Exhibit "A" attached hereto and made a part hereof. Parcel Identification Number: 00087900-000000 & 00521340-000000 The subject property is not the homestead of the either Grantor who reside in Tavernier, FL. Subject to covenants, restrictions and easements of record, and taxes accruing subsequent to December 31. 2007. The Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. In Witness Whereof. the Grantor has executed these presents the day d year first above written. Signed in our presence: / ilness Namq. Andy , McClung Thomas 1. M�cDer�mott, Trustee bi=�, 01(--- s Name: Adi . McClung SSbk H. McDermott, Trustee P&S Stale of Florida County of Monroe The foregoing instrument was acknowledged before me this 281h day ofMatch. 2008 by Thomas J. McDermott. Trustee, who (J is personally known or (X) has produced a driver's license a entificatio . [Notary Seal] Juublic t$111 it I(D CotmnlAeian DD 49710 Printed Name: Judith A McClun¢ EVM FWMWy 14.2012 s■ri tn. nor rttt r.oamaa rn. My Commission Expires: February 14 2008 DOGN 1588M Bkg 2352 PgO IWO State of Florida County of Monroe The foregoing instrument was acknowledged before me this 28th day of March, 2008 by Suk H. McDermott, Trustee, who ] _) is personally known or [X] has produced a drives license as i tification i [Notary Seal] I dtA lary Public CamtdM1MDD74MO BON Feb Wy 14, 2M 2 Printed Name: Judith A. McClung My Commission Expires: Wurromn Deed - Page 2 Doubleilmse DocU 1688349 Bkp 2352 Pawn 1521 Exhibit A page 1 of 2 A portion of�sa to ion )2, Township 6l South, Range 39 Sast, being also a{portion of the parcel of land uhown as "NO? A PART OF THIS pZAr" AWK U07t ems, tcoordLMt to the plat thereof, as r*aord#d 3n Plat cook 2, at page 04 of the Public Records of l(otucoe County, rlortdo . beingmoreparticularly described as an followst Zogiia at Uo Southwest: corner of Lot 6 of the aforemontica*d plat of xoox I?All3?OIt J aW)tj 4"ace run Northwesterly Along the Southwesterly lane of t 6 for a distance of 19.2E fL.eet to a poiatt thence run Southwester) for a distance of 2148 fret to a pout of the Northwesterly right of way of the HOLD s3ghw4y as shown of the aforetw*ntloned plat of ROCX RAR80R XANOR, said point being 10,00 feet Southeestorly of the point o f be44mang= thence, XUn Northeasterly along the Horthwoaterly right of way, ay line of the aforementioned "0LD NZGHSfAY' for a distance of 10.00 feet: bo "o Point of Saglaning. A portion of Lot 6, XOCX X0308 1' WA according to the plat thereof as i.mcardej 1n Plat Jock 2, at page 54, of the public Reooxdr* of Morisco County, Florida being mar* particularly described as followst 880ZXkZXQ ' at the Northwest corner of Lot 6 of the aforementioned plat of ROCK 8AR80R IIlAHOR tun Southeasterly along the southwesterly line of Lot 6 for a distance of 209.82 feet; thence run Northeasterly for a distamoe of 123.77 fiat to a point on the Southeasterly right of way Ila* of the "am UZURWAY" as shown an the aforementioned plat of A= JUMOR )MOR, said point being 57.0t feat Northeasterly from the paint of soglnnin9; thence run Southwosterlq alon the Southeasterly right of way of the aforementioned OXXV fIXG MA9" for a dlstanoe of 57.08 feet to the point of Dog3nning. A portion of Lot 6, ROCK 1iAR80R imm according to the Ppict thereof, as recorded ih Plat sock 2, at Page 54 of the Pu821a Rscosds of Monroe County, tlorida, being more partloularly described ar follovet Coaaconoing at the Northwesterly corner of Lot 6 Hof the aforementioned plat of ROCX XARSOR NUOR run Northeasterlyy along the Northyestoriy line of the aft"montionod Lot d for a distance, of 57.08 feet to the polat. of BegI"Sa9l Thattc* continue Hortheastor2 along the Northwesterly line of Lot 6 for a distanoo of 80.00 feet to the Northeasterly corner Of Lot 61 thong* ran Scuthwstsr� along the dividing line between Zots 6 and 7 for a distance o 181.90 feet to a point on the NozUv*oUw1y right of vay line of 0a MOLD NIONWAY" as shown on the ttorementionad plat of ROCK HAPJ0R MANOR) thence run southwesterly along the aforeaeotionod Northwesterly right of way line for a distance of 9.74 foot to tho southvestsriy line of Lot 61 thence run Xorthwosterly along the douthwosterly line of Lvt 6 for a distanco of 20.24 foot to a Daintl thence run Northwesterly for a distance of 122.77 foot to the Point of Beginning. DocN 1688345 Bko 2352 PqN 1322 Exhibit A page 2 of 2 Beginning at a Point where the Weat Boundary line of Lot 18 of Model Land companyy's, Plat, recorded in Plat Book 1, Page 68, Section 32, Towashig 61 Bouth, Ramse 39 Bast► intersects with the South Boundary line of the New Highway. as shown cn► the Plat of Rack }iarbor Nmaor, recorded in at Book 2, Paga 54, and running thence in a Northeasterly direotion along said S.,uth boundary line of said New highway a distance of 394 feet, to the point of beginnings thence aces Southeast to the North boundary line of the Old Highways thence run in a Northeasterly direction along the Korth line of the Old Highway a distance of 75 feat. Thence run Northwest to the South boundary line of the New Highway. Thence run in a Southwesterly direction along the South line of the New Highway a distance of 75 feet to }point of beginning. "so Known AS Beginning at a 1point where the West Boundary line of Lot 18, Section 32, Township 61 South, Rasige 39 Sast, intersects with the South Boundary line of the Old, or the North Dixie Highway, and running thence in a Northeasterly direction along said South boundary line of said old or North Dixie Highway a distance of 394 feet, to the paint of beginnings thence run Southeast to the North boundary line of the Now Dixie Highways thence run in a Northeasterly direction along the North line of the New Dixie Highway a distance of 73 loot. Thence run Northwest to the South boundary line of the Old or North Dixie Highway. Thence run in a Southwesterly direction along tho South li.na of the old or North Dixie Highway a distance of 75 fait to point of beginning, AND A portion of Lot 6, according to the Plat of ROCK HARBOR MANOR on Key Largo, as recorded in Plat gook 2, Page 34, Public Records of Moaroo County, Florida, said portion of Lot 6, having a frontage of 67.08' on *Now Highway" (State Road Number S), and being more particularly described as follows3 Beginning at the Northwost corner of said Lot 6 on the Now Highway as per said plat of ROCK HARBOR XANOR, and run Southsastarly along Southwesterly aide of said Lot 6, to a point of intersection with a line which runs Southeasterly from a point on the Southeasterly Right of Way line of *New Highway" which said point is 57.080 Northeasterly from the said Northwest corner of Lot 6, to a point on the Northwesterly Right -of -Way line of the "Old Highways, said point being 101 Southwesterly from the Southwest corner of said Lot 6, thence run Northwesterly on last described line, to a point on the Southeastorly Right of tray of "New Highways (Northwesterly aide of said Lot 6) which point is 57.021 Northeasterly from the said NorthwesC corner of said Lot 6, thence run Southwesterly along said Southeasterly Right of Way lint of *New Highways, a distance of $7.081 to the said Northwest corner of Lot 6, and the POINT 07 9BGA+RUM. p, UpwN~oM��� wM ed MONROE COUNTY OFFICIAL PUBLIC RECORD Property Search -- Monroe County Property Appraiser Page 1 of 5 Scott P. Russell, CFA Property Appraiser Monroe County, Florida Key West (305) 292-3420 Marathon (305) 289-2550 Plantation Key (305) 852-7130 Website tested on IE8, IE9, & Firefox. Requires Adobe Flash 10.3 or higher IIIVlaps wre IIIII 1&i IIIII IIIII° ilia iiiiiithe n niap a Illpjj ' icatian IIIII saIII i Alternate :100087900-000000 Y Mailing Address: WHEELER ALEXA L REV TRUST 05/28/1997 C/O WHEELER ALEXA L TRUSTEE PO BOX 1634 ISLAMORADA, FL 33036 PC Code: 11 - STORES ONE STORY Millage Group: 500K Affordable No Housing: Section- Township- 32-61-39 Range: Property 98500 OVERSEAS HWY KEY LARGO Location: Legal 32 61 39 ISLAND OF KEY LARGO LOT 18 MODEL LAND COMPANY. PB1-68 & LOT 6 ROCK HARBOR MANOR PB2-54 OR301- Description: 499/500 OR601-560 OR760-1037 OR859-2457/2458 OR861-1621/1622 OR973-5021504 OR1202-1177178 OR1242-1060/61/62 OR1297-553/55C OR1681-1193/95 OR1913-2441/43TR/AFF OR2352-1519/22 httn•/hxnxmv mrnafl nra/PrnnQParrh acne C 1A nAl 4 Page 2 of 5 ils1 Land Land Use Code Frontage Depth Land Area 100H - COMMERCIAL HIGHWAY 0 0 9,583.00 SF 1MOH - COMMERCIAL HIGHWAY 3,134.00 SF 1 MOH - COMMERCIAL HIGHWAY 6,436.00 SF Building Number of Buildings: 1 Number of Commercial Buildings: 1 Total Living Area: 1850 Year Built: 1976 lBuilding I Detalls Building Type Condition G Quality Grade 300 Effective Age 17 Perimeter 211 Depreciation % 23 Year Built 1976 Special Arch 0 Gmd Floor Area 1,850 Functional Obs 0 Economic Obs 0 Inclusions: Roof Type Roof Cover Foundation Heat 1 Heat 2 Bedrooms 0 Heat Src 1 Heat Src 2 Extra Features: 2 Fix Bath 0 Vacuum 0 3 Fix Bath 0 Garbage Disposal 0 4 Fix Bath 0 Compactor 0 5 Fix Bath 0 Security 0 6 Fix Bath 0 Intercom 0 7 Fix Bath 0 Fireplaces 0 Extra Fix 5 Dishwasher 0 h+f-- ninv —,nail nrn/PrnnQoorrh acne 5Od17(115 Property Search -- Monroe County Property Appraiser Page 3 of 5 i 24 FT. �'6F1 56-30 OFT. 7 FTJ PTO 7 FT 13 FT. O FT. 35 FT. 61? 2 OFT. O FT, FLA 1850 - 21 R 33 FT. 2 FT. 5 FT, 2 FT 10 FT. 21 FT, 12 FT. 13FT, 4 FT 4 FT. 12 FT OPF 42 - 30 Sections: Nbr Type Ext Wall # Stories Year Built Attic A/C Basement % Finished Basement % Area 0 FLA 1 1993 Y 1,850 0 PTO 1 1993 56 0 OPF 1 1993 42 0 OUF 1 1993 64 Interior Finish: Section Nbr Interior Finish Nbr Type Area % Sprinkler A/C 1 OFF BLDG 1 STY -A 100 N Y •ior Wall: Interior Finish Nbr Type Area % 1909 WD OVER CONC BL 100 j Nbr Type # Units Length Width Year Built Roll Year Grade Life 0 FN3:WROUGHT IRON 128 SF 16 8 2000 2008 4 60 0 PT3:PATIO 80 SF 20 4 2006 2007 2 50 2 UB2:UTILITY BLDG 160 SF 20 8 1984 1985 1 50 3 AP2:ASPHALT PAVING 2,736 SF 144 19 1984 1985 3 25 4 AP2ASPHALT PAVING 1,426 SF 46 31 1984 1985 3 25 Appraiser hitn-,//www manafl nra/Prnngil acnY crn,nn�c Property Search -- Monroe County Property Appraiser Page 4 of 5 (RE00521350-000000 AK1640581) & (RE00521340-000000 AK1640573) HAVE NOW BEEN COMBINED WITH THIS PARCEL PER OWNER'S REQUEST, DONE FOR THE 2009 TAX ROLL 1/1/2009MKD REMAX TROPICAL REALTY NOTE: 20 X 5 PT - NO VALUE. TPP 8969379 - PLANT STORE i Bldg Number Date Issued Date Completed Amount Description Notes 05302114 06/02/2005 09/25/2006 1 DRIVEWAY AND PARKING SLAB r Certified RoU Values. View Taxes for ths PairceL Roll Year Total Bldg Value Total Misc Improvement Value Total Land Value Total Just (Market) Value Total Assessed Value School Exempt Value School Taxable Value 2014 196,892 13,994 170,063 307,124 307,124 0 307,124 2013 196,892 14,064 102,982 310,655 310,655 0 310,655 2012 206,615 14,134 87,191 324,456 324,456 0 324,456 2011 206,615 14,187 135,106 338,872 338,872 0 338,872 2010 206,615 14,257 204,101 374,747 374,747 0 374,747 2009 211,477 14,326 233,794 585,395 585,395 0 585,395 2008 224,318 14,380 268,324 550,781 550,781 0 550,781 2007 151,463 19,526 95,830 453,021 453,021 0 453,021 2006 151,463 12,350 64,685 396,604 396,604 0 396,604 2005 153,204 12,374 64,685 345,294 345,294 0 345,294 2004 156.678 12,398 64,685 233,761 233,761 0 233,761 2003 156,678 12,422 64,685 233,785 233,785 0 233,785 2002 156,678 12,446 64,685 233,809 233,809 0 233,809 2001 139,314 4,644 64,685 208,643 185,372 25,000 160,372 2000 147,312 2,564 45,956 195,832 175,932 25,000 150,932 1999 147,312 2,773 45,956 196,041 174,521 25,000 149,521 1998 98,208 2,984 45,956 147,148 144,289 25,000 119,289 1997 98,208 3,193 45,956 147,357 143,478 25,000 118,478 1996 89,280 3,404 45,956 138,640 136,645 25,000 111,645 1995 89,280 3,613 45,956 138,849 135,467 25,000 110,467 1994 89,280 3,823 33,863 126,966 126,966 25,000 101,966 1993 81,735 4,034 33,863 119,632 119,632 0 119,632 1992 81,735 4,243 33,863 119,841 119,841 0 119,841 1991 81,735 4,453 33,863 120,051 120,051 0 120,051 1990 81,735 4,663 33,863 120,261 120,261 0 120,261 1989 81,735 4,873 33,863 120,471 120,471 0 120,471 1988 89,151 2,708 33,863 125,722 125,722 0 125,722 1987 87,743 2,831 33,863 124,437 124,437 0 124,437 1986 87,812 2,954 25,639 116,405 116,405 0 116,405 1985 86,056 0 25,639 111,695 111,695 0 111,695 1984 78,617 0 25,639 104,256 104,256 0 104,256 1983 55,908 0 17,768 73,676 73,676 0 73,676 hits•//www mrnsfl nra/PrnnRPsrrh acnv i/Al)nl G Property Search -- Monroe County Property Appraiser Page 5 of 5 1982 53,901 0 17,768 71,669 71,669 0 71,669 SalesParcel i NOTE: Sales do not generally show up in our computer system until about two to three months after the date of sale. If a recent sale does not show up in this list, please allow more time for the sale record to be processed. Thank you for your patience and understanding. Sale Date Official Records Book/Page Price Instrument Qualification 3/28/2008 2352 / 1519 795,000 WD Q 2/28/2001 1681 / 1193 295,000 WD ......... M ..... 1/1/1993 1242 / 1060 198,000 WD M 5/1/1986 973 / 0502 155,000 WD M This page has been visited 13,732 times. Monroe County Property Appraiser Scott P. Russell, CFA P.O. Box 1176 Key West, FL 33041-1176 16"w/hxnanxr mrnnfl nro/PrnnQPnrrli nenv 5/d/7(11 5 O co 0) I c0 Q O N _.JNROE COUNTY CODE ENFORCEM-„T NOTICE OF VIOLATION/NOTICE OF HEARING TO: WHEELER ALEXA L REV TRUST CASE NUMBER: CE 0 812 0 0 9 3 C/O WHEELER ALEXA L TRUSTEE P O BOX 1634 ISLAMORADA, FL 33036 RE: REALTY WORLD RE NUMBER: 00087900000000 LOCATION 98500 OVERSEAS HWY ISLAND OF KEY LARGO, FL 33037 DEAR PROPERTY OWNER / TENANT, You are hereby notified that an inspection of the above referenced property on found violations of the following Monroe County Section (s) : 12.1-1 OCCUPATIONAL LICENSE REQUIRED FOR BUSINESS. CURRENT LICENSE IS EXPIRED Corrective Action Required: Contact the Monroe County Tax Collector and obtain an occupational license for running a business. Provide proof of occupational license to this office upon receipt. 9.5-111(1) OBSERVED NEW SIGN "REALTY WORLD" INSTALLED WITHOUT BENEFIT OF PERMIT. Corrective Action Required: Contact the Monroe County Building and Planning Department and obtain an after the fact permit or remove as directed. NOTE: All permit fees and permit requirements are based on the specific scope of work. Additional permits, permit fees, mitigation fees, or restoration of the property to original condition may be required. The minimum fee for an After The Fact permit is $500.00 (five hundred dollars) as per Monroe County Code Section 6-29(a)(1). All permits will require PASSING final inspection(s). 9.5-403 (B) (9) ' '• OBSERVED PORTABLE SIGN "VACATION RENTALS" WHICH IS PROHIBIT- ED ACCORDING TO CODE. t% I P Corrective Action Required: Remove portable sign and cease and desist the use of the portable sign. TO AVOID FINES AND/OR COSTS OF prosecution as per Chapter 162 F.S. all violations noted above must be corrected by 01/23/2009 IT IS YOUR RESPONSIBILITY TO CALL YOUR INSPECTOR AND REQUEST A RE -INSPECTION. If you fail to correct the above described violation(s) by the above date, or if you wish to contest the alleged violation (s), you must appear before the Special Magistrate as stated below. ** NOTICE OF ADMINISTRATIVE HEARING ** PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special Magistrate in the above case on 03/26/2009 at 9 AM at the Monroe County Government h-gional Center, 2798 Overseas Hwy., Marathon, Florida. The purpose of this hearing is to determine if in fact, a viola- tion currently exists, the appropriate action to be taken, and any fines or penalties to be imposed. YOUR FAILURE TO APPEAR MAY RESULT IN A FINE OR PENALTY BEING IMPOSED AGAINST YOU AND A LIEN BEING IMPOSED ON YOUR PROPERTY You may appear in person and/or be represented by an attorney. If you are represented by an attorney, your attorney is required to file a written notice of appearance with this office prior to the hearing. *IF YOU DECIDE TO APPEAL any decision by the Special Magistrate, you will need to ensure that a verbatim record of the proceedings is made, which shall include the testimony and evidence upon which the appeal is to be based. Should you seek a continuance of your administrative hearing, the presiding officer may grant a continuance of a hearing for good cause shown. Except in cases of emergency, requests for continuance must be made at least FIVE working prior to the date noticed for the hearing. A request for continuance DOES NOT GUARANTEE a postponement of your hearing. Contact the office of the Liaison for the Special Magistrate to submit your request. Pursuant to F.S. Chapter 162.09(2)(d), your failure to correct the violation(s) may result in the impositon of a fine, not to exceed $1,000 per day per violation for a first violation, $5,000 per day per violation for a repeat violation, and up to $15,000 per violation if the Special Magistrate finds the violation to be irreparable or irreversible in nature. In addition to such fines, the Special Magistrate may impose additional fines to cover all costs incurred by the local government in enforcing its codes and all costs of repairs pursuant to subsection (1). Date: 01/13/09 LINK, D ANE Code Enforcement Inspector I hereby certify that a copy hereof has been furnished to the above named addressee(s) by Certified mail, Return receipt Request No. 7008 1140 0001 4454 3383 ' Code Enforcement Department Please contact your inspector at the appropriate Lower Keys: 1100 Simonton St., (Rm. 1-171), Key West, FL 33040 - (305)292-4495 Middle Keys: 2798 Overseas Hwy. Marathon, FL 33050 - (305)289-2810 .A7pper Keys: 88820 Overseas Hwy.Tavernier, FL 33070 (305)852-7135 If you are a person with a disability who needs any accommodation in order to participate, you are entitled, at no extra cost to you, to the provision of certain assistance. Please contact this office at (305)289-2509 within 2 days of your receipt of this notice. If you are hearing impared, please call 711. Monroe County Code Enforcement Office of the Liaison 2798 Overseas Hwy. Marathon, FL 33050 Phone: (305)289-256_ (305) 289-2858 IF SERVICE IS NOT OBTAINED BY CERTIFIED RETURN ACCURATE COPY OF THIS NOTICE WILL BE POSTED AT THE MONROE COUNTY COURTHOUSE RECEIPT MAIL, A TRUE AND THE SUBJECT PROPERTY AND MONROE COUNTY, FLORIDA CODE ENFORCEMENT DEPARTMENT REGISTERED MAIL RECEIPT Complaint Number: CE08120093 RRR 70081140 00014454 3383 Alexa Wheeler Rev Trust Realtv World 7 �1 7008 1140 0001 4454 3383 O O am C3 0 O G .G' Ln W W 02 W PERMIT INFORMATION PLEASE NOTE: FEES LISTED ARE ESTIMATES ONLY. BEFORE WRITING ANY CHECKS, PLEASE CALL THE BUILDING DEPARTMENT TO CONFIRM. Permit Number 09300720 RE 00087900000000 Permit Type 66 Balance Due $0.00 Property Address 32-61-39 ISLAND OF KEY LARGO P Status Closed Permit I Plan Reviews I Inspections I Fees I Contractors I All ALL PERMIT PERMIT INFORMATION Application Date Issued Date Master Number C.O. Number C.O. Issued C-404 Type Applied Value Calculated Value 03-03-2009 Operator Operator Project Number Operator Usage Class Units Contractor ID sebbenc 11-06-2009 cutiel COM 150 0 0 09281 PROPERTY ON PERMIT RE 00087900000000 Unit Address 32-61-39 ISLAND OF KEY LARGO P City/State/Zip KEY WEST, FL 33040 OWNER ON PERMIT Name WHEELER ALEXA L REV TRUST 05/28/199 Address PO BOX 1634 City/State/Zip ISLAMORADA, FL 33036 Type Private APPLICANT No Applicant Information on file for this permit MISCELLANEOUS INFORMATION / NOTES PERMIT #94301755 FOR SHOWING GROUND MOUNTED SIGNS. SOUTH BOUND SIGN (4'X 12) TOTAL 48 S/F 110" HIGH L.._. N- - .,n .,-g,.or,,,;« noinn77nR,n;A=nnnR7onnnnnnnn 5/40015 Permit Information - Permit 09300720 Page 2 of 3 NO ELECTRIC THIS PERMIT. FIRE MARSHALL APPROVAL PER S.Z 3/13/2009 SUBJECTED TO STATED CONDITIONS. NO OTHER WORK THIS PERMIT. INSPECTIONS REQUIRED PER PERMIT CARD. ALL DEBRIS TO BE REMOVED TO AN APPROVED DUMPSITE. DEEMED NON DEVELOPMENT. DCA EXEMPTNiNNNNNNNaN 02/25/16'PRINTED DUPLICATE CARD. CS PLAN REVIEWS Details Revision Stop Number Status Status Date Reviewer Notes XXXASST/BUILDING OFFICIAL 0 CODE COMPLIANCE MARATHON 1 L 02-25-2015 WINDSORK 2 CODE COMPLIANCE KEY LARGO 1 P 03-12-2009 LINKI) 1 XXXCOORDINATOR I L 11-03-2009 HARLEYB 0 BUILDING STRUCTURAL/ROOF 1 F 05-08-2009 ARSENALIC 3 FIRE MARSHAL 1 .. F ..... -, 03-19-2009 . ..... SEBBENC " "' .... ..... 2 . . .................. .. XkkPI.ANTATION KEY" -BUIL6IN""d—"" . .. .. ......... . ....... . I L 03-03-2009 PEREZM 0 FILES LOGED TO PENDING 1 L 05-04-2009 BAUMANB 2 PLANNING I F 03-11-2009 BAUMANB 15 XXXUPPER KEYS ADT/BLDG OFFICIA 1 A 11-05-2009 HOLMESL I XXXUPPER KEYS COORDINATOR 2 P 11-04-2009 HARLEYB 0 XXXUPPER KEYS COORDINATOR 1 P 11-04-2009 HARLEYB 0 . ............................. . . . . .. ....................... ... XXXUPPER KEYS EXAM 2 P 11-03-2009 ARSENAUC 10 XXXUPPER KEYS EXAM 1 L 08-10-2009 ARSENALIC 21 XXXUPPER KEYS PENDING 1 HOLMESL 3 XXXUPPER KEYS PLANNING 1 A 05-08-2009 BAUMANB 4 kkibP0"E"k- KEYS READY" . ...... 1. .. .......................... HOLMESL 3 FEES FEE ID UNITS QUANTITY FEE AMOUNT PAID TO DATE B- F FLAT RATE 1.00 50.00 50.00 .. . . .................. B- 0 EDUC - - ­­- FLAT RATE 1.00 2.00 2.00 B- IG APPL FLAT RATE 1.00 500.00 500.00 B- ATF-MIN FLAT RATE 1.00 0.00 0.00 I B-"CR6 REP E 1.00 25.00 25.00 CONT-INVES FLAT RATE 1.00 11.00 11.00 FM FEE FLAT RATE 1.00 52.00 52.00 T- 2 FLAT RATE 1.00 20.00 20.00 . . . . ..... . . ........ ... -- - — ZONING - ----- ----------i---i-- ..... - - — HOURS -- -- ------------ -- - - ----- - .... . — """ -'' . ..... 2.00 100.00 100.00 TOTAL FEES: TOTAL PAID TO DATE: $760.00 PENDING PAYMENT: BALANCE: $0,001 CONTRACTORS GENERAL CONTRACTOR General, Contractor Address City/State/Zip FREEWHEELER CONSTRUCTION Contractor ID L29281 85992 O/S HWY (PO BOX 253) ISLAMORADA, FL 33036 t.. - 'A nil ncny9nPrmit nn--n4Ann7)nRrniii=ili)OR79(10000000 5/4/2015 Permit Information - Permit 09300720 Page 3 of 3 Phone '305) 664-5213 Work Comp Expires 04-15-2012 Insurance Expires 12-10-2011 License Expires 09-30-2011 Status H INSPECTIONS TYPE NUM INSPECTOR SCHED INSP INSP RES CONFIRM NOTES DATE DATE TIME SIGN BUILDING 2 SS 02-26-2010 02-26 2010 P 185478 0 _..... _ ..._ FINAL BUILDING-._. _ .... 2.,._.... SSu....�.-�. _.... .02-26-20 ... _.� 10 ..,....-. � .....� 02-26- 2010 ... .... -.�.m.� P ..�..... e..F....�.�.n0 ............ ... 185479 0 .....��,.�.,� SIGN BUILDING..._.�_,.,,__ ..1.,...e...SS.....� ....W11-09-2009......e..12009 176 0 FINAL BUILDING 1 SS 11-09-2009 _ 11-09- 2009 F 176 771 0 REFER TO PERMIT CARD-REQ 1 0 INSP Your privacy is important to us, for more information see our privacy Policy Copyright ® 2007 - THE PLUS SERIES ® - All Rights Reserved ,--.10--...-- In --.II-f—MI.,..l,.e—;rr'..o...,;r ii ocrv7nnrmnr nn.—ooznm,)nRn;A—nnoR7onnnnnnnn 5/4/2015 � : :w � ©z m���® � ,\ � �� . \\ ! � � \ . c( � \ [ « e ,> � � > :� � \ . � \ � ^� � \ : � \ � w Of40t< 9 mid R= %f mVLnM6wM r a ��w�wl?Nw � ° I uN . r ui6p�� °° mw VY.................... k � wwwua� +' `q iwwM meu°tio^w a c� s �rrn G� z ram Ip ;N "go-, I E oy " " A �rz, Z rz I PLAN REVIEW STOPS FOR PERMIT 09300720 Review Stop ABO XXXASST/BUILDING OFFICIAL Rev No 1 Status F Date Cont ID Sent By Date Time E�l Rev Time Received By Date TimeSent To Notes —'NONE'"' Review Stop Sent By Received By Notes Review Stop Rev No Sent By Received By Notes Review Stop Rev No Sent By Received By Notes Review Stop Rev No Sent By Received By Notes Review Stop Rev No Sent By Received By Notes CODE ENF 2 CODE COMPLIANCE MARATHON CODE ENF 3 CODE COMPLIANCE KEY LARGO 1 Status Date Date 03-12 Cont ID Date 2009 Time 17:12 Rev Time baumanb ?OU9 1.00 Date Time Sent To linkd 11-04 2009 2 11 04 09:20:45.00000 AFTER THE FACT FEES APPLY COORD XXXCOORDINATOR 1 Status Date 11-03 Cont ID Date Date 2009 Time 12:10 Rev Time Time Sent To arsenauc I 03-24- 2009 0.00 harleyb 03-24- 2009 ...NONE"' EXAM BU ING STRUCTURAL/ROOF 1 Sth�us F Date 05 020098 Cont ID jt Time 10:18 Rev Time baumanb _03-2 0.75 Date 2009 2009 Time Sent To ] arsenauc 03-20- 2009 1 2009-03-23 16:44:10.00000 PERMIT HISTORY DOES NOT VALIDATE THIS M UCH "CHANGE OF COPY TO EXISTING'. PLEASE CLARIFY. m..� FIRE F RE MARSHAL 1 Status F Datk 03-19- Cont ID ., 2009 Time 10:19 Rev Time sebbenc` 03-19- 0.00 Date 2009 Time Sent To [sebbenc 03-19 2009 2009-03-19 10:19:47.00000 FAILED PER A.ROMERO MUST COMPLY WITH REQUEST OF PLANNING. CS Review Stop P.K.-BLDG XXXPLANTATION KEY BUILDING , =Aoznm,)n rsIA00lS Plan Review Details - Permit 09300720 Rev No 1 1 Status I L Date 03-03- 2009 Sent By sebbenc Date 03-11- 2009 03-03- ContID Time [12:454 Rev Time Received By perezm Date 1 2009 I Time Sent To Notes Review Stop Rev No Sent By Received By Notes Review Stop Rev No Sent By Received By Notes Review Stop Rev No Sent By Received By Notes Review Stop Rev No Sent By Received By Notes 0.15 "'NONE"• PENDING FILES LOGED TO PENDING 1 Status L Date 05-04 Cont ID 2009 baumanb Date 009 Time 15:18 Rev Time 0.25 baumanb Date 2009 Time Sent To 2009 2009-03-2416:08:04.00000 NOTIFIED CONTRACTOR (JOHN) @ 4:05 PM li ............� FAXED COMMENTS TO HIM. MP PLAN PL4NNING 1 St tus F Dat 03-11 Cont ID 2009 perezm "� � to 03-1 2009 Time 14:40 Rev Time 0.00 baumanb Date 03-12 Time ] Sent To 2009 _j L_ 2009-03-12 17:23:51.00000 INCOMPLETE PACKAGE. NEED ADDITIONAL INFORMATION. PLEASE REFER REQUIRED INFO NEED TO SUBMIT FOR SIGN PERMIT. 1) CHANGE OF COPY NEEDS ORIGINAL PERMIT NUMBERS FOR EXISTING SIGNS. PERMIT NUMBER REQUIRED TO BE AFFIXED TO SIGN. 2) NEED TO SHOW SETBACKS FROM PROPERTY LINE AND THE SIGN. 3) NEED HEIGHT OF SIGN. 4) NEED DEMINSIONS OF ALL SIGNS. 5) NEED THE LENGTH OF THE PROPERTY ON EACH US 1 FRONTAGE. 6) ONLY ONE (1) GROUND MOUNTED SIGN PER US 1 FRONTAGE. REMOVE ONE SIGN ON THE NORTH BOUND SIDE., UK-ABO XXXUPPER KEYS ADT/BLDG OFFICIA 1 Status A Date 11-05 ContID 2009 holmesl Date 11-05- Time 15:17 Rev Time 0.02 2009 holmesl Date 11-05 Time Sent To 2009 2009-11-05 15:17:41.01 APPROVED PER JP. LH UK-COORD XXXUPPER KEYS COORDINATOR 2 Status P Date 11-0 Cont ID Date 2009 Time 09:20 Rev Time linkd 11-04 0.08 Date 2009 Time Sent To harleyb 2009 2009 "'NONE-* Review Stop UK-COORD XXXUPPER KEYS COORDINATOR 1 Status P Date 11-04 2009 Cont ID Rev No linkd 11-03 Sent By Date Time 08:55 Rev Time 2009 harleyb 11-03- Received By Date Time Sent To 2009 0.20 Page 2 of 4 Fl}YI\'r/PO!\\/ mnnrnarnnnta/_fl O!\l/�P�e/\\/P1�IC /TPTR11*IT19T /1P4niile 9Q TV911Prm4 . =noznn7)n ;IAJ7n1 S Plan Review Details - Permit 09300720 Notes I "`NONE - Review Stop UK -EXAM XXXUPPER KEYS EXAM Rev No Sent By Received By Notes Review Stop Rev No Sent By Received By Notes Review Stop Rev No Sent By Received By Notes 2 1 Status I P I Date Date Date 11-03 2009 Cont ID Time 12:10 Rev Time Time Sent To arsenauc 11-03 2009 0.75 arsenauc 11-03 2009 2009-11-03 12:23:51.00000 OWNER HAS SUBMITTED DRAWING FOR SIGN BY E-MAIL THAT IS FREE-STANDING (NOT ATTACHED TO TREE ) PERMIT IS FOR CHANGE OF COPY ONLY AND RECOGNIZES ONLY 1 SIGN SOUTHBOUND AND ONE SIGN NORTHBOUND FOR A TOTAL OF 64 SQ. FT AS RECOGNIZED BY PLANNING. PERMIT # SHOULD BE AFFIXED TO SIGN. UK -EXAM XXXUPPER KEYS EXAM 1 1 Status L Date Date Date 08-1 2009 Cont, ID Time rRev Time Time Sent To arsenauc 08-10 2009 0.50 arsenauc 05 11 2009 2009-08-10 08:07:02.00000 CANNOT BE DETERMINED WHAT HAS BEEN CHANGED, OR WHY THIS HAS BEEN RE -SUBMITTED AS SUCH. CUSTOMER SUGGESTS SIGNS HAVE BEEN IN PLACE SINCE THE 60'S AND COPY HAS BEEN CHANGED 5 TIMES. PERMIT HISTORY DOES NOT VERIFY THIS. PICTURES INCLUDED IN FILE DOCUMENTS HAP -HAZARD CONSTRUCTION WITH NEW MATERIALS NOT EVEN AVAILABLE IN THE 60'S . ( NOTE PRESSURE TREATED 2X MATERIAL NAILED TO TREES FOR SUPPORT) IT SHOULD BE NOTED THAT SOUTHBOUND SIGN ON ORIGINAL PERMIT WAS SHOWN ON THE BUILDING. NOW IT IS INDEPENDENT OF STRUCTURE YET ATTACHED TO TREE. ATTACHMENT TO TREE FOR SUPPORT IS NOT CONSISTENT WITH COUNTY BIOLOGISTS' POLICY AND DEFINITELY WOULD NOT HAVE BEEN PERMITTED AS SUCH. STRUCTURAL PLANS SHOULD BE SEALED AND CERTIFIED FOR 150 MPH WINDSPEED. UK -PENDING XXXUPPER KEYS PENDING 1 I Status Date Date Date Cont ID Time Rev Time Time Sent To ff I 0.05 holmesl 08-14 2009 2009-08-14 08:10:13.00000 FILE IN PENDING PER D.GARGAS FAXED INFORMATION TO CONTRACTOR AT 664-2884 LH Review Stop UK -PLAN XXXUPPER KEYS PLANNING Rev No 1 Status FA Date 05-0 Cont ID 2009 Sent By baumanb Date 05-08- Time 10:16 Rev Time 1.50 2009 Received By Date Time Sent To httn-//Pant/ mnnrnPrnnntv_fl anv/PC:nvPhlc/nPrmit/nlan /iPtnilc ncnv7nPrmlt nn=0Q1nn77n Page 3 of 4 S/d/1nIS Plan Review Details - Permit 09300720 Page 4 of 4 Your privacy is important to us, for more information see our privacy policy. Copyright ® 2007 - THE PLUS SERIES ® - All Rights Reserved l.s+...,+po...... .......�..o....,,..t. �.,41 an rlPtailc acnv7nPrm it ,,,.=n4znm?n 5/4/2015 9 U r 1*1 IN o o .Lm co 0 16.) a �j '� i ^^•+r ww�r • r // r 6 46 BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE LARRY J. SARTIN MONROE COUNTY, FLORIDA MONROE COUNTY FLORIDA, Petitioner, vs ALEXA L. WHEELER, REV TRUST, Respondent. Doca 1744717 06/02/2009 11:01AM Filed & Recorded in Official Records of MONROE COUNTY DANNY L. KOLHAGE Case No. CE08120093 Doca 1744717 BkN 2415 P9N 1473 FINAL ORDER This case was heard at public hearing before the Code Enforcement Special Magistrate on March 26, 2009, at the Monroe County Government Regional Center, located at 2798 Overseas Highway, Marathon, Florida. Having fully considered the evidence presented at hearing, including testimony of witnesses under oath, the following findings of fact and conclusions of law are made: FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. The Respondent is the owner of record of property located at: 32-61-39 ISLAND OF KEY LARGO LOT 18 MODEL LAND COMPANY. PBl-68 & LOT 6 ROCK HARBOR MANOR (RE#: 00087900-000000). 2. The Respondent was duly noticed of the hearing; and 3. The above -described property is in violation of the Monroe County Code as described in Exhibit "A," which is attached hereto and incorporated herein. Therefore it is ORDERED AND ADJUGED: 1. Respondent is found to be in violation of the Monroe County Code as described in Exhibit "A", and is ordered to correct all violations on or before April 2, 2009 (hereinafter referred to as the "Compliance Date") and attend a compliance/review hearing to be held on May 28, 2009. The charge of 12.1-1 was compliant on 2/4/09. b a 2. Upon complying, Respondent shall notify the Code Inspector in this case, who shall re- inspect the property and, if the property is determined by the Code Inspector to be in compliance, notify the Code Enforcement Department. 3. Noncompliance by the Compliance Date will result in the imposition of a fine for each Code violation in the amount of $100.00 (ONE HUNDRED DOLLARS), for each day after the Compliance Date that Respondents are in violation. 4. Pursuant to Section 162.07, Florida Statutes, costs in an amount to be determined at the conclusion of this case are hereby levied for the administrative recovery of the costs of prosecuting and investigating this matter. Costs will continue to accrue until compliance is achieved. 5. In the event of nonpayment of fines and costs imposed on Respondent, a certified copy of an order imposing fine may be recorded in the public records and shall thereafter constitute a lien against the land on which the violation or violations exist and upon any other real or personal property owned by the violator. DONE AND ORDERED at the Division of Administrative Hearing, Tallahassee, Florida, this day of April, 2009. Doeq 1744717 BkN 2415 Pg# 1474 STATE OF FLORIDA COUNTY OF LEON Larry J. Sartin Code Enforcement Special Magistrate I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgements, personally appeared Larry J. Sartin, personally known to me, who executed the foregoing and acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this day of April, 2009. Elma Williams Commission # DD481642 °: expires December 2, 2009 3pntl.d Troy f7m Insurance in,, 800-385.7019 Notary Public NOTICE OF RIGHT TO JUDICIAL REVIEW This Final Order may be appealed pursuant to Section 162.11, Florida Statutes, by an aggrieved party, including Monroe County. Any such appeal will be limited to appellate review of the record created before the Special Magistrate. Any appeal must be filed with the Circuit Court within 30 days of the date of the execution of this Final Order. 2 b / EXMIT "X" DocM 1744717 BkN 2415 Pg# 1475 VIOLATION: COUNT 1. Section 9.5-111(1). Observed new sign "realty world" installed without benefit of permit. C CT ON: COUNT 1. Contact the Monroe County Building and Planning Department and obtain an after the fact permit or remove as directed. NOTE: All permit fees and permit requirements are based on the specific scope of work. Additional permits, permit fees, mitigation fees, or restoration of the property to original condition may be required. The minimum fee for an After The Fact permit is $500.00 (five hundred dollars) as per Monroe County Code Section 6-29(a)(1). All permits will require PASSING final inspection(s). CONTACT YOUR CODE INSPECTOR UPON COMPLIANCE Upper Keys (305) 453-8806 Middle Keys (305) 289-2810 Lower Keys (305) 292-4495 I HEREBY CERTIFY that a true and correct copy of the above has beV7day 'shed to the Respondent via first class mail at P. O. Box 1634, Islamorada, FL 33036 this of April, 2009. Nicole Petrick Code Enforcement Liaison Please make check or money order payable to Monroe County Code Enforcement and mail to 2798 Overseas Highway, Marathon, FL 33050. MONROE COUNTY OFFICIAL RECORDS 9 PERMIT INFORMATION PLEASE NOTE: FEES LISTED ARE ESTIMATES ONLY. BEFORE WRITING ANY CHECKS, PLEASE CALL THE BUILDING DEPARTMENT TO CONFIRM. Permit Number 09301966 RE 00087900000000 Permit Type 08 Balance Due $0.00 Property Address LT6 ROCK HARBOR MANOR Status Closed Permit I Plan Reviews I Inspections I Fees I Contractors I All ALL PERMIT PERMIT INFORMATION Application Date 05-27-2009 Operator sebbenc Issued Date 06-24-2009 Operator harleyb Master Number Project Number C.O. Number Operator C.O. Issued C-404 Type Usage Class RES Applied Value 50 Units 32 Calculated Value 0 Contractor ID 09281 PROPERTY ON PERMIT RE 00087900000000 Unit Address LT6 ROCK HARBOR MANOR City/State/Zip KEY WEST, FL 33040 OWNER ON PERMIT WHEELER ALEXA L REV TRUST Name 05/28/199 Address PO BOX 1634 City/State/Zip ISLAMORADA, FL 33036 Type Private APPLICANT No Applicant Information on file for this permit MISCELLANEOUS INFORMATION / NOTES 98500 O/S - FREEWHEELER REALTY DEMO OF NORTHBOUND SIGN NNN.MNf.NN...N..NNNi.1�HNNNN..N.N PERMIT APPROVAL TO DEMOLISH 32 SQ FT SIGN AS PER APPROVED PLANS ONLY. PLANNINNG APPROVAL TO DEMO ONE NORTHBOUND SI GN IGN. ONLY ONE GROUND MOUNTED SIGN --- ....,..... ............ �.........._ �_ ...IT..� ..........�..... ........ ..-..�...m. PER US1 BUSINESS FRONTAGE. -BB 6/3/2009 t,,+,.•lloan�, mnnrnornllnt.p-fl amrlpr3nvPlit,c/nprmit/nermit all ncnx9nermit no=09301966&nid=00087900000000 2/25/2015 Permit Information - Permit 09301966 Page 2 of 2 �... ,.,, NSPECTIONS REQUI.,.....__ .... ... RED PER PERMIT CARD. VO OTHER WORK THIS PERMIT )EEM PMENT. . ED NON DEVELO DCA IXEMPT. ... PLAN REVIEWS Details Revision Stop Number Status XXXUPPER KEYS ADT/BLDG OFFICIA 1 P XXXUPPER KEYS BIOLOGIST .,........� .._ 1 ........ m..-.� L .....�.... ..UPPER KEYS BUILDING G DEPT 1 _ L XXXUPPER KEYS CODE ENFORCEMENT P........ XXXUPPER KEYS COORDINATOR 2 P )=UPPER KEYS COORDINATOR .... 1 L _ XXXUPPER KEYS EXAM.... 1 P XXXUPPER KEYS FIRE MARSHAL 1 N XXXUPPER KEYS PLANNING ..,U.. 1 A...... XXXUPPER KEYS READY 1 FEE ID UNITS QUANTITY FEE AMOUNT PAID TO DATE B- B REMO FLAT RATE 1.00 0.00 ............ 0.00 .o,�. B- 0 EDUC..-FLAT RATE........_...1.0.0...._.....2.00 2.00 B- 1 E APPL FLAT RATE 1.00 50.00 50.00 B-17 DEMO - SQUARE FEET 32.00 50.00 50.00 CONT-INVES..�...�.w� FLAT ..��.wm_ ... RATE .....,uu.o...w �. ..�-. 1.00 11.00 11.00 T-1 FLAT RATE 1.00 3.00 3.00 ZONING-043 ....... .. HOURS _-� � .�.�.... ....... ........... 1.00 ...._. .__._ 50.00 ........................ 50.00 .... TOT...._ AL FEES: $166.00 TOTAL PAID TO DATE: 1 $166.00 PENDING PAYMENT: $0.00 BALANCE: 1 $0.00 CONTRACTORS GENERAL CONTRACTOR General Contractor FREEWHEELER CONSTRUCTION Address 85992 O/S HWY (PO BOX 253) City/State/Zip ISLAMORADA, FL 33036 Phone (305) 664-5213 Work Comp Expires 04-15-2012 License Expires 09-30-2011 FINAL BUILDING REFER TO PERMIT CARD-REQ INSP Insurance Expires 12-10-2011 Status H RES CONFIRM NOTES Your privacy is important to us, for more information see our privacy Dolicv. Copyright ® 2007 - THE PLUS SERIES ® - All Rights Reserved t,tt-- l/P..,..,--APrnnni'V-fl any/Pr.nvphic/nermit/nPrmit all asn0nennit no=09301966&Did=00087900000000 2/25/2015 illi�ll; 1 11 MIMI, Hie E& Actiom Det* Links H* fa L61) %loan U91W11610U... Case Number FCE-081=0 Origination 14 - CDF RE 00-0879000MM Board [Sm- SPECIAL MAGISTRATE Address 198500 OVERSEAS HWY ISLAND OF Total Flies, [SM TROM, Fine Details Ordinance Code 19.5-111(1) r Continuous Date Ordered 103MAM Comply By 154mom :7 k3 Fine Starb, 104Mr2009 Daily Fine 1=0000 Number of Days Suspended Days 0 CurrentFine 88W. C- oom ph' a d D a ft Fwj=w SetdeAmourd 0, SeUJe Date AmountPaid 0. Data Paid Suspend Windsor -Kathleen From: Windsor -Kathleen Sent: Friday, March 05, 2010 2:43 PM To: Granger -Lisa Subject: RE: CE08120093 Alexa Wheeler Yes, I got the calendar, June 15t is the deadline for that meeting. i'alllicasc uI°:otc: "i'ollu°ida Ilhas a vein bl road iijUIIic uIiiec(tnAs law,III Most written cool°olluou:°a'icallhl d id a:dilui: ouuruu tllli��a m�m:uu::�t ulrc Couul°:td Ill usliuiess are IIP a Illic ulccoul°t"i„ auau441ialllb tc° tlllie i3ulllus'itc ilinci iinediiia upouli requiest IIII"ifouuu o-una:i ca a:°r::°ruuuni cation uI°oa d Illbc sublllcct io iullll":iliic disciosu::c From: Granger -Lisa Sent: Friday, March 05, 2010 2:41 PM To: Windsor -Kathleen Cc: Link -Diane Subject: CE08120093 Alexa Wheeler Kat, this po wants to appear in front of the BOCC to ask for reduction of fines. I offered her a settlement of $2200 plus costs but she said that was ridiculous because she did everything that was asked of her. So can you please calendar this for the June meeting in Marathon and we can begin to prepare the agenda summary item next week. I will need you to remind me please. Thank you. Lisa Granger Assistant County Attorney Monroe County Attorney's Office P.O. Box 1026 Key West, FL 33041-1026 (05) 292-3470 (305) 292-3516 (fax) HEUw. US 7IEI..u, Yayt..fl alea ss^ take a moment to cornr,,alef our (ust¢amer EWNOadimp Su i,vey hu 1p;/imc)anrocccal ve°artualto3yll alien;p;tl Egg/MaanroeCoFL WebDogsJcss Your +M�.idha i, � , 9iin{;�u u1t&it to ;as! Please riot �� IP �p has l���aaWJ lruul�����riuu, ra:.f!ora: s 1,�w IIlMost wwwitten o w��nt�nu niu,ro��at��o nr to a�u from Ole County r u��, �su�a�tGrag��g uuu�sty business are public'a �Nwllit"a t@�J�t ttrrafw"� rl ra*a;a:ard, avaOable t a than q!%Wic and i nedi a upon iea;g up rat. Your e.rnail coernrrnuswnur:aVon may pus^ suubpect to psuu'Mc dsdr:sa ie, FROM :CODE ENFORCEMENT FAX NO. :3058537324 '1 x; ocz Mar. 12 2010 04:00PM P2 I RECEIVED! MAR p MONROE CO. BUILDING DEFT. rZ 4 4)c-4 Parr plos lb ATM 3 co G,,�,� i Leer• vfic6vc tVc 1 '"� rNS PC ca d 05/04/2009 14:11 305664286e FREEWHEELER REALTY PAGE 04 • aye iUl p y �T f � MDSMEMEMMOM x. , , 5cl�k✓�'eti �� i L 0 rn L J a) Y 2 U) O O O LO 00 rn L a� a� a) 3 a) 2 L LL 1 M O O O N co O W U 1 0 M STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 575.060 29 SHORT FORM LEASE RIGHT OF WAY OGC - 05/10 STATE ROAD NO.: 5. MM 98.5 COUNTY: Monroe RCI SECTION: N/A MANAGING DISTRICT: Six THIS SHORT FORM LEASE (this "Lease"), made this 1� ay OR ATof Mal �," , 2013 (the "Effective Date") by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPION, (hereinafter called the Lessor), and ALEXA L. WHEELER REVOCABLE TRUST, C/O ALEXA L. WHEELER, TRUSTEE , (hereinafter called the Lessee), WITNESSETH In consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1. Property and Term. Lessor does hereby lease unto Lessee the property described in Exhibit "A", attached hereto and made a part hereof (the "Property"), for a term of six (6) months beginning May 1. 2013 and ending October 31, 2013 . This lease may be renewed for an additional three (3) months term at Lessee's option,subject to the rent adjustment as provided in Paragraph 3 below. Lessee shall provide Lessor 30 days advance written notice of its intent to exercise the renewal option. Should Lessee hold over and remain in possession of the property after the expiration of the term specified in this Lease, or any renewals of such term, Lessee's tenancy shall be considered a tenancy at sufferance, subject to the same terms and conditions as herein contained. This Lease is subject to all utilities in place and to the maintenance thereof as well as any other covenants, easements, or restrictions of record. This Lease shall be construed as a Lease of only the interest, if any, of Lessor and no warranty of title shall be deemed to be given herewith. 2. Use. The leased premises shall be used solely for the purpose of paved parking area and sign . If the property is used for any other purpose, Lessor shall have the option of Immediately terminating this Lease. Lessee shall not use or permit any use of the property in any manner that would obstruct or interfere with the operation or maintenance of any transportation facilities. Lessee shall use the Property in accordance with applicable federal, state, local laws, rules and permits, as the same may be constituted and amended, including without limitation., those of the Department. 3. Rent, Lessee shall pay to Lessor as rent, on or before the first day of each rent payment period, the sum of $116.00 (+ QJQ sales and discretionary taxes for a total of 124.70 plus any state, county, city or local taxes which may be applicable, for each month of the term. If this Lease is terminated prior to the end of any rent payment period, the unearned portion of any rent payment, less any other amounts that may be owed to Lessor, shall be refunded to Lessee. Rent payments shall be made payable to the Department of Transportation and shall be sent to 1000 NW 1111n Avenue, Rm. 6105-B. RNV Administration, Miami, Florida 33172, Attn.: Property Management Lessor reserves the right to review and adjust the rental fee every two years and at renewal to reflect market conditions. Any installment of rent not received within ten (10) days after the date due shall bear interest at the highest rate allowed by law from the due date thereof. This provision shall not obligate Lessor to accept late rent payments or provide Lessee a grace period. 4. Improvements. Lessee's improvements and personal property existing on the Property as of the Effective Date are permissible unless Lessor, within its sole discretion, requires removal, modification, or relocation of same. Lessee shall have ten (10) days from the date of Lessor's written notice to remove, modify, or relocate the identified improvements and/or personal property at Lessee's sole cost and expense. If Lessee fails to timely remove, modify, or relocate the identified improvements and/or personal property, Lessor may do so at Lessee's sole cost and expense. Lessee shall remove its personal property and improvements from the Property and shall restore the Property to a condition acceptable to the Department in accordance with the terms and provisions of this Agreement and applicable Law within twenty (20) days of the earlier of: (1) the date of either party's Notice of Termination; (2) the date Lessee vacates the Property; or (3) such other date as the parties mutually agree upon in writing ("Removal Date"). The Department may remove and dispose of all personal property and improvements remaining after the Removal Date without liability to Lessee. Subsequent to the Effective Date, no structures or improvements of any kind shall be placed upon the property without the prior written approval of the Lessor. 5. Indemnification. Lessee shall indemnify, defend, and hold harmless the Lessor and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by Lessee, its agents or employees. 575-060-29 RIGHT OF WAY OGC- 05110 6. Eminent Domain. Lessee acknowledges and agrees that its relationship with Lessor under this Lease is one of landlord and tenant and no other relationship either expressed or implied shall be deemed to apply to the parties under this Lease. Termination of this Lease for any cause shall not be deemed a taking under eminent domain or any other law so as to entitle Lessee to compensation for any Interest suffered or lost as a result of termination of this Lease, including any residual interest in the Lease, or any other facts or circumstances arising out of or in connection with this Lease. 7. Termination. This Lease may be terminated by Lessor immediately, without prior notice, upon default by Lessee hereunder, and may be terminated by either party without cause upon thirty (30) days written notice to the other party. 8. Access to the Property. Lessor may enter the Property at any time without prior notice to Lessee for any purpose, including, without limitation: (1) performing this Agreement; (2) observing and inspecting the Property; (3) maintaining, repairing and improving the Property; and (4) any other lawful purpose the Department determines necessary for the conduct of its business. 9. Waiver. Nothing in this Agreement shall be deemed or otherwise interpreted as waiving the Department's sovereign immunity protections, or as increasing the limits of liability set forth In §768.28, Fla. Stat. (2008). The limit of the Department's liability for breach of this Agreement shall be limited in amount and shall not exceed the limitations of liability for tort actions set forth in §768.28(5), Fla. Stat. (2009). 10. Venue. This Agreement shall be governed by the laws of the State of Florida in terms of Interpretation and performance. Venue for any and all actions arising out of or in any way related to the interpretation, validity, performance or breach of this Agreement shall lie exclusively in a state court of appropriate jurisdiction selected by the Department, including, without limitation, Leon County. Lessee consents to personal jurisdiction in the State of Florida. 11. Entire Agreement. This instrument and attached exhibit contains the entire agreement of the parties and no representations or promises have been made except those that are specifically set out in this Agreement. All prior and contemporaneous conversations, negotiations, possible and alleged agreements and representations, covenants, and warranties with respect to the subject matter of this Agreement, and any part hereof, are waived, merged herein and superseded hereby. 12. Severability. If any section, paragraph, clause or provision of this Agreement is adjudged by a court, agency or authority of competent jurisdiction to be invalid, Illegal or otherwise unenforceable, all .remaining parts of this Agreement shall remain in full force and effect and the parties shall be bound thereby so long as principle purposes of this Agreement remain enforceable. 13. Third Party Beneficiaries. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Nothing In this Agreement is intended to confer any rights, privileges, benefits, obligations or remedies upon any other person or entity except as expressly provided for herein. 14. Computation of Time. In computing any period of time prescribed in this Agreement, the day of the act, event or default from which the designated period of time begins to run, shall not be included. The last day of the period shall be included unless it is a Saturday, Sunday or legal holiday, in which event the period shall run until the end of the next day which is not a Saturday, Sunday or legal holiday. 15. Consideration. By their signature below, the parties hereby acknowledge the adequacy and sufficiency of consideration provided in this Lease and forever waive the right to object to or otherwise challenge the same. 16. Miscellaneous. Lessee shall not sublet the property or any part thereof, nor assign this Lease, without the prior written consent of the Lessor. This Lease is being executed by Lessor upon the credit and reputation of Lessee. Acceptance by Lessor of rental from a third party shall not be considered as an assignment or sublease, nor shall it be deemed as constituting consent of Lessor to such an assignment or sublease. All notices to Lessor shall be sent to the address provided in paragraph 3 for rent payments. Notices to Lessee shall be sent to Alexa L. Wheeler Rev.Trust, CIO Alexa Wheeler, Trustee, P.O. Box 1634, Islamorada, Florida 33036 575-080-24 RIGHT OF WAY OGC - 05M 0 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. LESSEE: Print Name Title: STATE OF FLORIDA DEPARTMEr ORANSPORTATION By: �.... District S retary Gus PeQo, P.E. Print Name Attest: Nam&710e: ✓ ICliQI I b'40, Exec. Secretary LEGAL REVIEW..-..._._,... Alicia Truiillo. Esq. Print Name w PA z 7w me Fl—A As EXHIBIT OA'r SKETCH OF LEGAL DESCRIPTION GRAPHIC SCALE K, % % % % olmr .. ... . ........ . Ln En L MAL -A ROW 4!bo;o* 3r plot I T im 3079 • WISN— Florida Depart of TrmnWr+atWm District VI item/seg"ent Nw 25mai PHONE, C305MM3-M6 PAYJ C30MM-0233 V.P.I. M Nor NIA CUerrb Wheeler lb-awkw No. 1108A State Project Nor 90060-2516 Sectlon 32, TonjhjR 61, South R%njM 32 East Federal Pro N i remNam N/A Key Largpj Monroe Cg�� Ftor4da State Road 5, OVERSEAS HIGHWAY Monroe oe SwrveDate, 6/18/2 scale, r=-50I PCaorucntyl e 4766 Drawn lr AMR ltv" Sheet. 1 of 2 L-1 EXHIBIT "'A' LEGAL DESCRIPTION DESCRIPTIONi A portion of US. Highway No. t (Stole Road No. 5, former Florida East Coast Railroad), ad scent to Faucet 4 and Lots 5 and 6 of Rock Harbor Manor, according to the Plot thereof, as recorded in Plat Book 2, at Pogo 54, of the Public Records of Monroe County, Florida, and being more portiuodarly described as faibws: Qommendng at a point where the West boundary fine of lot 18, Model Lund Company Plat.Rd Pict Book 1, Page 66 boated In Section 32, Township 61 South, Range 39 East, intersects with the Southeast boundary line of the U.S. Highway No. 1 (State Road No. 5) and running thence N.43'30'007E along said Southeast boundary line of said U.S. Highway No. 1 (State Road Na 5) a distance of 394.00 feet, to the Point of Beginning of the parcel hereinafter described; thence run N,4W30'00`W. for 20.00 feet to o point, thsnoe bear N.43'30'00'E. far 85.00 feet to a point, thence bear S.46'30'00"F. for 20.00 feet to a ppcoint on the sold Southeasterly right of way One of and Northwesterly fine of Lot 6, them bear S.43'30'00'W. for 85.00 feet along said right of way fine back to the Point of Beginning. Containing 1700t square feet. NOTES► 1) This sketch of survey a perimeter boundary survey with .existing above ground improvments boated U rground utilities or structures were not located 2) The bearing base for this survey Is shown thus: (*1)N.43'3W00'E, and was derived from the D.O.T. right of way map reference hereon. ems+ '�` ► '" _ = FjVrrNEMJT �l77= w. ALID TNIE _ Sw re: p 1* lwear SIGNATURE ANLD rodd w.e, RAISED SEAL A.w - THE ORIGI t @bw Mal w • ►"` rw w ►rr0161b. OF A FLORIDA vwrWe. LICENSED SURVEYOR - „m e� AND MAPPER 88888 .OVERSEAS HWY,,P.D.NASW-RICK E T VER IE 3 070 ©X 619 Florida Depor-tnent of Tronsporta4lon, DLsh-ict VI I hereby aert ry *at ** sw"veyy hereon ■es perforwed Itaw/Sepr►ent Nad 2681 ur►der ny drec-t supervision and Is true and greet to VF.L No., the best oP ay knoMsd®®e end beUef. This meets 2-ett� Pro,Jeet Nod 90060-2516 the re of t ,5.i-17 of the florid l Pro�eet Np► N/A Co Mel> wf % a Stto ulaardds�foor FFlooridn �ey� t Road Na► 5, OVERSEAS HIGHMAY y Monroe Parcel Nod 4786 R.W,M.Si David S. Massey, P.S.M. # 5125 sheet 2 of P Florida Department oh ransportatio z RICK SCOW 1000 NW 1 I V Avenue ANANTH PRASAD. P.E. GOVERNOR Miami, FL 33172 SECRETARY May 20, 2013 Alexa L. Wheeler Revocable Trust c/o Alexa L. Wheeler, Trustee PO Box 1634 Islamorada, Florida 33036 SUBJECT: Executed Lease Agreement and Addendum Applicant : Alexa L. Wheeler Revocable Trust c/o Alexa L. Wheeler, Trustee FM No. : 2502681 Sect./Job No. : 90060-2516 SR No. : 5, Islamorada County : Monroe Parcel No. : 4786 Dear Ms. Wheeler: Enclosed please find for your records a fully executed copy of the Short Form Lease Agreement between the Florida Department of Transportation and Alexa L. Wheeler Revocable Trust c/o Alexa L. Wheeler, Trustee. 5472. Enc. If you have any questions, please do not hesitate to contact me at (305) 470- Sincerer Marj6ne Fadragas Property Management www.dot.state.fl.us County of Monroe Growth Management Division Code Compliance Department 2798 Overseas Highway Marathon, Florida 33050 Voice: (305) 289-2810 FAX: (305) 289-2536 WHEELER ALEXA L REV TRUST 05/28/1997 C/O WHEELER ALEXA L TRUSTEE PO BOX 1634 ISLAMORADA, FL 33036 February 25, 2015 Subject: Code Case: CE08120093 Subject Property: 98500 OVERSEAS HWY KEY LARGO Dear Property Owner(s), Board of County Commissioners Mayor Danny L. Kolhage, Dist.l Mayor Pro Tern Heather Carruthers, Dist. 3 George Neugent, Dist. 2 David Rice, Dist. 4 Sylvia I Murphy, Dist. 5 As you know, a Final Order dated April 8, 2009 was recorded in the Monroe County Clerk's Office on June 2, 2009 as a lien on behalf of Monroe County at Book 2415, Page 1473. This lien is a lien on the property that was the subject of the code enforcement action and upon any and all other real and/or personal property you own. This case was deemed compliant on June 30, 2009 with the completion and passing of all required building department inspections on demolition permit 09301966. Therefore a daily fine of $100.00 per day accrued for 88 days (April 3, 2009 - June 30, 2009), for a total fine amount of $8,800.00. Additionally, per F.S. §162.07(2), if the local governing body prevails in prosecuting a case before the enforcement board, it shall be entitled to recover all costs incurred in prosecuting the case before the board and such costs may be included in the lien authorized under s. 162.09(3). To date these costs are $407.52 and continue to accrue until the case is closed. Therefore the current amount of the Monroe County Lien is $9,207.52 ($8,800.00 fines and $407.52 costs). The County staffs authority to reduce fines is very limited once a lien is filed. After reviewing the circumstances of your case and in an effort to amicably resolve the amount of the lien, the County will accept the minimum amount allowed, $2,607.52 ($2,200.00 fines and $407.52 costs), and provide a Full Satisfaction and Release of Lien. (At this time County staff is limited to a 75% reduction of the fines by resolution. Any reduction in the fine amount lower than that would have to be approved by the Board of County Commissioners.) y You can resolve this matter by remitting a check or money order for payment in full within thirty (30) days to: Monroe County Code Compliance Department Attention: Nicole Petrick 2798 Overseas Highway, Suite 330 Marathon, Florida 33050 The County will then provide a Release and Satisfaction of lien to you. It is then your responsibility to record the Release and Satisfaction with the Clerk of Courts in Monroe County. Respectfully yours, c, "I .(n, __, Kathleen Windsor Sr. Code Compliance Research Analyst Windsor-kathleen@monroecounty-fl.gov 305-289-2586 PA Windsor -Kathleen From: Norman -Ronda Sent: Wednesday, March 11, 2015 2:07 PM To: 'Alexa Wheeler' Cc: BOCCDIS5; Hurley -Christine; Windsor -Kathleen; Williams -Steve Subject: RE: CE08120093 Hello Alexa, You are welcome. It was nice to meet you. Yes, you will receive a confirmation email from Kathleen Windsor, stating you will be agenda in Key Largo. Regards, CPM Sr. Director, Code Compliance Monroe County Code Compliance 2798 Overseas Highway #330 Marathon, FL. 33050 (305)289-2810 Office (305)289-2515 Fax Norman-ronda@monroecounty-fl.gov From: Alexa Wheeler [mailto:Alexa@Freewheeler-Realty.com] Sent: Wednesday, March 11, 2015 1:01 PM To: Norman -Ronda Cc: BOCCDISS Subject: CE08120093 the May 2015 BOCC I appreciate the time you and Mr. Williams spent with me in Marathon today explaining the details of your letter of 2/15/15. I understand that I have the choice of paying a $2,607.52 fine or appearing before the BOCC to ask for a reduction as explained in the letter. At your request, I am asking to appear before the BOCC on May 20, 2015 in Key Largo. Mr. Williams said you or he would be emailing me the agenda so I will know when to appear. Again, thank you for your time. Alexa L. Wheeler Freewheelervacations.com Realty World -Freewheeler Freewheeler Vacations 866 664-2075 O 305 393-3343 C 305 831-4517 F 1 RESOLUTION NO.148 2008 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, SETTING A MINIMUM PERCENTAGE THAT WILL BE ACCEPTED TO SETTLE FINES AND COSTS IMPOSED IN CODE ENFORCEMENT CASES; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 162.09(1), Florida Statutes, and Monroe County Code Section 6.3-7 gives the special master appointed to hear Code Enforcement cases the authority to impose fines after a finding that the property owner has violated the Monroe County Code and that the property owner thereafter has not corrected the violation(s); and WHEREAS, under Section 162.09(3), Florida Statutes, and Monroe County Code Section 6.3-5, if the County prevails in prosecuting a case before the special master, the County is also entitled to recover all costs incurred in prosecuting the case; and WHEREAS, a certified copy of the order imposing fines and costs becomes a lien on real and personal property owned by the violator once recorded with the County Clerk; and WHEREAS, thereafter, the County has the authority to initiate litigation for foreclosure of the lien or for a money judgment; and WHEREAS, in the alternative, the County has the ability to enter into an agreement with the property owner to settle the matter on such terms and conditions as the parties deem, mutually acceptable, in order to resolve the matter short of litigation; and WHEREAS, the average cost of investigating and prosecuting a Code Enforcement case is at least $1,101.43, and the Code Enforcement Department projects that 1,200 cases will be brought before the special master in the current fiscal year, for a total projected cost of approximately $1.2 million; and WHEREAS, it is appropriate to defray the majority if not all of the cost through the collection of fines and costs from the actual property owners cited for the violations; and WHEREAS, it is advantageous for the County not to mitigate the fines and costs by a significant amount at time of settlement, so that the fines and costs will serve as a deterrent to other property owners not to violate the Monroe County Code:, or so that the imposed fines and costs will act as an incentive for the property owners found to have violated the Code to correct the Code violations as quickly as possible. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, that: Section 1. It is hereby declared to be the policy of the County that the County will accept a minimum of twent five percent (2 5%) of accrued fines and costs in settlement of Code Enforcement cases after said fines and costs have been imposed by the special master. The County will not settle any fines or costs prior to compliance. Section 2. Any resolutions concerning the policy of the County with respect to the percentage of fines and costs to be accepted in settlement of Code Enforcement cases after said fines and i costs have been imposed by the Special Magistrate are hereby repealed and any contrary provisions of the Monroe County Code are hereby repealed. Section 3. This resolution shall take effect on May 21 , 2008. Section 4. The Clerk of the Court is hereby directed to forward one (1) certified copy of this Resolution to the Division of Growth Management. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said board held on the 71� of May, 2008. _w ca 0 0 Mayor Mario DiGaqnar9,•_ District 4 Yes Commissioner Dixie Spehar, District I Yes Commissioner George Neugent, District 2 Yes ionertharles "Sonny" McCoy, Dist.3 Yes ioner Sylvia Murphy, District 5 Yes Cleric BOARD OF COUNTY COMMISSIONERS OF MONR ECOUNTY, A Maya Mario DiGennaro MONROE COUNTY ATTORNEY A ROV 0 4AS TO R N I L. HXAELEL ASSIS ANT COUNTY ATTORNEY Date_ S = -4 — 2