Item R1BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 18, 2015 Division: Growth Management
Bulk Item: Yes _ No X Staff Contact Person/Phone #: Christine Hurley 289-2517
Ma3t6 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)
REQUESTING TO CONTINUE TO APRIL 1, 015 BOCC MEETING
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; 1 year timeframe for either demolition
permits or building permits, as necessary, for elimination of all upland unsafe and/or unpermitted structures; and 5 year
timeframe for all required Federal, State, and Monroe County permits for the demolition, repair or redevelopment of
unsafe and/or unpermitted docking facilities. If the terms of the compliance schedule are not met, the development
agreement is voidable at the sole option of the County.
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 (I) 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.
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: Staff recommends approval.
TOTAL COST: INDIRECT COST:
DIFFERENTIAL OF LOCAL PREFERENCE:
BUDGETED: Yes No
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No AMOUNT PER MONTH Year _
APROVED BY: County Atty X OMB/Purchasing _ Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
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188
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MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
To: Monroe County Board of County Commissioners
Through: Christine Hurley, AICP, Director of Growth Management
Mayte Santamaria, Senior Director of Planning & Environmental Resources
From: Joseph Haberman, AICP, Planning & Development Review Manager
Subject: Request for a Development Agreement 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), concerning 5700
Fourth Avenue, 5550 Fifth Avenue and 6500 Front Street, Stock Island,
approximate mile marker 5, having real estate numbers 00123600.000100,
00123770.000000, 00127250.000000, 00127280.000000, 00127290.000000 and
00127380.000000 (File #2014-107)
Meeting: March 18, 2015 (Public Hearing) — continued from January 21, 2015
I REQUEST:
The requested agreement relates to the redevelopment of an existing 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 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.
Public access will be allowed from 7:00 am until dusk.
Location:
Address: 5700 Fourth Avenue, 5550 Fifth Avenue and 6500 Front Street, Stock
Island, approximate mile marker 5 (Atlantic Ocean side of US l )
Legal Description:
5700 Fourth Avenue and 5550 Fifth Avenue: A portion of Block 55, all of Block 56,
and a portion (Lot 13) of Block 57, the vacated portion of Fifth Avenue per
Resolution #28-1966, Maloney subdivision (also known as McDonald's Plat), Plat
Book 1, Page 55, and adjacent bay bottom
Page 1 of 8
1 6500 Front Street: A portion of Block 55, Maloney subdivision (also known as
McDonald's Plat), Plat Book 1, Page 55, and adjacent bay bottom
Real Estate (RE) Numbers:
6 5700 Fourth Avenue and 5550 Fifth Avenue: 00123770.000000, 00127250.000000,
9 00127280.000000, 00127290.000000 and 00127380.000000
9 6500 Front Street: 00123600.000100
10
12 y
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24 or
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32 .�.t .
33 Subject Property with Land Use Districts Overlaid(Aerial dated 2012)
34
Applicant:
Agent: Barton W. Smith, Esq., Smith Oropeza, P.L.
39 Owners: Roger Bernstein, as Trustee of the Benjamin Bernstein Trust B; and Safe Harbor
40 Seafood LLC, successor in interest of Joseph R. Rackman and Jeffrey W. Bolotin, as
41 Trustees of the Island Trust Agreement
42
43 II RELEVANT PRIOR COUNTY ACTIONS:
44
45 Location#1: 5700 Fourth Avenue and 5550 Fifth Avenue
46
47 In 1970, the Building Department issued Building Permit #20564 for a `fish house' building
48 (44' x 30') [Lot 13]. Based on its details, this structure is not depicted on the 2012 boundary
49 survey provided with the application and is not recognized, at least as presented in 1970, as
50 an existing structure on any property record card.
Page 2 of 8
In 1972, Building Department issued Building Permit #26467 for an addition (10' x 12') to
the `fish house' building (44' x 30') [Lot 13]. Based on its details, this structure is not
depicted on the 2012 boundary survey provided with the application and is not recognized, at
least as presented in 1972, as an existing structure on any property record card.
In 1973, the Building Department issued Building Permit #29041 for a `storage' building
(40' x 20'). Based on its details, this structure is not depicted on the 2012 boundary survey
provided with the application and is not recognized, at least as presented in 1973, as an
existing structure on any property record card.
In 1973, the Building Department issued Building Permit #29626, for a `boat' building (96' x
33'). Based on its details, this structure is not depicted on the 2012 boundary survey provided
with the application and is not recognized, at least as presented in 1973, as an existing
structure on any property record card.
In 1982, the Building Department issued Building Permit #A-9569 for a shed (9' x 10').
Based on its details, this structure is not depicted on the 2012 boundary survey provided with
the application and is not recognized, at least as presented in 1982, as an existing structure on
any property record card.
In 1987, the Building Department issued Building Permit #871-0599, renewing Building
Permit #A-] 8725, for an addition (10' x l2') an `equipment' building (IY-4" x 9'4"). Based
on its details, this structure appears to be the structure identified as the `One Story Elevated'
building (27.4' x 13.4') on the 2012 boundary survey provided with the application and is not
recognized, at least as presented in 1987, as an existing structure on any property record card.
In 1993, the Building Department issued Building Permit #931-5643 for a `metal accessory'
building (80' x 25'). Based on its details, this structure is identified as the `One Story Ground
Level' building (80.0' x 25.0') on the 2012 boundary survey provided with the application
and is recognized as Building #4 on the parcel identified as RE #00127250.000000.
In 2000, the Building Department issued Building Permit #001-2322 for a shed (30' x 20').
Based on its details, this structure appears to be the structure identified as the `One Story
Ground Level' building (20.3' x 30.0') on the 2012 boundary survey provided with the
application and is not recognized, at least as presented in 2000, as an existing structure on
any property record card.
In 2013, an amendment to the Monroe County Future Land Use Map (FLUM) 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 BOCC at a public hearing on December 11, 2013.
Note: Building permits were not located for the other existing structures, recognized as
Building #1 (year built date of 1948 indicated), Building #2 (year built date of 1958
Page 3 of 8
I indicated) and Building #3 (year built date of 1948 indicated) on the property record card for
2 RE #00127250.000000.
3
4 Location #2: 6500 Front Street
5
6 In 1999, the Building Department issued Building Permit #991-0737, renewing Building
7 Permit #971-0755, for a `storage/office' trailer (30' x 16'). Based on its details, this structure
8 is not depicted on the 2012 boundary survey provided with the application. However, it
9 appears to be an existing structure, recognized as Building #2 on the property record card for
10 RE #00123600.000100.
11
12 In 2013, an amendment to the Monroe County Future Land Use Map (FLUM) was approved
13 amending the future land use designation of the subject property from Industrial (I) to Mixed
14 Use/Commercial (MC). The approval is memorialized by Ordinance #045-2013, approved by
15 the BOCC at a public hearing on December 11, 2013.
16
17 Note: Building permits were not located for the other existing structures, recognized as
18 Building #1 (year built date of 1999 indicated) and Building #3 (year built date of 1985
19 indicated) on the property record card for RE #00123600.000100.
20
21 Development Review Committee (DRC) and Planning Commission:
22
23 On September 18, 2014, at a public meeting, the agreement was reviewed by the DRC. Staff
24 and the DRC recommended approval.
25
26 On October 29, 2014, at a public hearing, the agreement was reviewed by the Planning
27 Commission. The Planning Commission recommended approval.
28
29 III BACKGROUND INFORMATION:
30
31 A. Size of Site: 23.87 acres (12.63 acres of upland and 11.24 acres of submerged land)
32 5700 Fourth Ave and 5550 Fifth Ave: 9.52 upland acres / 9.63 submerged acres
33 6500 Front St: 3.11 upland acres / 1.61 submerged acres
34 B. Land Use District: Maritime Industries (MI)
35 C. Future Land Use Map (FLUM) Designation: Mixed Use/Commercial (MC)
36 D. Tier Designation: Tier III
37 E. Existing Uses: Mixed Use — Heavy and Light Industrial, Commercial Fishing
38 F. Existing Vegetation / Habitat: Predominately scarified
39 G. Community Character of Immediate Vicinity: Mixed Use
40 H. Flood Zone: Part AE-EL 8' and part AE-EL 9'
41
42 IV REVIEW OF APPLICATION:
43
44 The BOCC shall have authority to enter into a development agreement by resolution with any
45 person having a legal or equitable interest in real property located within the unincorporated
46 area of Monroe County if the development agreement meets all of the requirements of the
Page 4 of 8
Florida Local Government Development Agreement Act, Section 163.3220-163.3243,
Florida Statutes; provided, however, that the duration of the development agreement shall not
exceed 10 years, and any duration specified in a development agreement shall supersede any
conflicting duration otherwise specified in the land development regulations.
Pursuant to Section 163.3227, Florida Statutes, a development agreement shall include the
following:
a) A legal description of the land subject to the agreement, and the names of its legal and
equitable owners:
A full legal description for the 5700 Fourth Avenue and 5550 Fifth Avenue property is
provided in Exhibit 2 of the agreement (with a reference thereto in subsection I.J.2. on
page 2). A full legal description for the 6500 Front Street property is provided in Exhibit
5 of the agreement (with a reference thereto in subsection I.K.2. on page 3). Ownership
of land for the 5700 Fourth Avenue and 5550 Fifth Avenue property is stated in
subsection I.J.1. on page 2 and a deed is provided in Exhibit 1. Ownership of land for the
6500 Front Street property is stated in subsection I.K.1. on page 3 and a deed is provided
in Exhibit 4.
b) The duration of the agreement:
The agreement shall remain in effect for 10 years from the effective date, as stated in
section III.0 on page 5.
c) The development uses permitted on the land, including population densities, and building
intensities and height:
Permitted uses on the land(s), including population densities, building intensities and
height(s) are provided in section III.D on pages 5 through 9.
d) A description of public facilities that will service the development, including who shall
provide such facilities; the date any new facilities, if needed, will be constructed; and a
schedule to assure public facilities are available concurrent with the impacts of the
development:
A description of public facilities is stated in section III.E on page 9.
e) A description of any reservation or dedication of land for public purposes:
There will be no reservation or dedication of land for public purpose. This is stated in in
section III.F on page 9.
f) A description of the local development permits approved or needed to be approved for
the development of the land:
Page 5 of 8
Required local development permits are not provided in a single section. A general
statement regarding permits required, including the requirement for demolition permits or
building permits for unsafe structures and a conditional use permit to redevelop the
property with a hotel, is provided in section III.H on page 11.
Permit requirements are also addressed in section III.P on page 13, which states "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."
g) A finding that the development permitted or proposed is consistent with the local
government's comprehensive plan and land development regulations:
A finding of consistency is stated in section III.J on page 12.
h) A description of any conditions, terms, restrictions, or other requirements determined to
be necessary by the local government for the public health, safety, or welfare of its
citizens:
A description of any conditions, terms, restrictions or other requirements is not provided
in a single section. Such conditions, terms, restrictions and other requirements are
provided throughout the agreement. Specifically, section II.E on page 4, includes the
specific timeframes to ensure the Properties are brought into compliance with County
Codes to protect the public health, safety and welfare.
i) A statement indicating that the failure of the agreement to address a particular permit,
condition, term, or restriction shall not relieve the developer of the necessity of
complying with the law governing said permitting requirements, conditions, term, or
restriction:
Compliance with Other Laws is provided in section III.N on page 13.
Breach, amendment, enforcement and termination of the development provisions are
provided in section IIIX on pages 12 through 13.
Other Issues related to this Development Agreement:
• Conceptual Approval of Site Plan:
This agreement does not include a conceptual site plan for the redevelopment of the
property.
• Land Use Intensity Requirements:
The existing agreement allows for up to 122 hotel rooms and other nonresidential uses.
Page 6 of 8
I
2 Staff could not determine compliance with other planned land uses as details related to
3 exact square footages and intensity were not provided in the application.
4
5 Proposed Land Use Intensity (Not Using TDRs for Hotel Rooms):
Land Use
FAR / '
Size of Site
Max
ProposedPotential
Density "
llowe
Used
Transient
10 rooms/ac
12.63 upland ac
126 rooms
122 rooms
96.83%
Residential
(allocated)
(10.10 buildable ac)
Commercial Retail
0.30 FAR
11.63 upland ac
165,004 SF
4,000 SF
TBD %
(low/medium
(550,016 SF)
+
intensity)
Unknown
Commercial Retail
0.40 FAR
11.63 upland ac
220,006 SF
Unknown
TBD %
(high intensity)
(550,016 SF)
Commercial
0.45 FAR
11.63 upland ac
247,507 SF
Unknown
TBD %
Fishing
(550,016 SF)
Industrial
0.35 FAR
11.63 upland ac
192,505 SF
Unknown
TBD
(550,016 SF)
Offices
0.50 FAR
11.63 upland ac
275,008 SF
Unknown
TBD %
(550,016 SF)
Cumulative Total (cannot exceed 100%)
96.83% +
TBD%
6 1: This is allocated density (10 rooms per acre), not maximum net density (15 rooms per
7 buildable acre).
8
9 Proposed Land Use Intensity (Using TDRs for Hotel Rooms):
Land Use
FAR /
Size of Site
Max
Proposed
Potential
Density
Allowed
Used
Transient
15 rooms/
12.63 upland ac
151 rooms
122 rooms
80.79%
Residential
buildable ac Z
(10.10 buildable ac)
(max net)
Commercial Retail
0.30 FAR
11.63 upland ac
165,004 SF
4,000 SF
TBD %
(low/medium
(550,016 SF)
+
intensity)
Unknown
Commercial Retail
0.40 FAR
11.63 upland ac
220,006 SF
Unknown
TBD %
(high intensity)
(550,016 SF)
Commercial
0.45 FAR
11.63 upland ac
247,507 SF
Unknown
TBD %
Fishing
(550,016 SF)
Industrial
0.35 FAR
11.63 upland ac
192,505 SF
Unknown
TBD %
(550,016 SF)
Offices
0.50 FAR
11.63 upland ac
275,008 SF
Unknown
TBD %
(550,016 SF)
Cumulative Total
80.79% +
TBD%
10 1: This is maximum net density (15 rooms per buildable acre), not allocated density (10 rooms
11 per acre).
12
13
Page 7 of 8
I V RECOMMENDATION:
2
3 The Planning & Environmental Resources Department recommends approval (staff reserves
4 the right to request additional revisions as analysis continues).
Page 8 of 8
MONROE COUNTY, FLORIDA
RESOLUTION NO. -2015
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING A
DEVELOPMENT AGREEMENT 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), CONCEPTUALLY APPROVING THE
REDEVELOPMENT OF PROPERTY LOCATED AT 5700
FOURTH AVENUE, 5550 FIFTH AVENUE AND 6500 FRONT
STREET, STOCK ISLAND, APPROXIMATE MILE MARKER
5, LEGALLY DESCRIBED AS A PORTION OF BLOCK 55,
ALL OF BLOCK 56, AND A PORTION (LOT 13) OF BLOCK
57, THE VACATED PORTION OF FIFTH AVENUE PER
RESOLUTION #28-1966, MALONEY SUBDIVISION (ALSO
KNOWN AS MCDONALD'S PLAT), PLAT BOOK 1, PAGE 55,
AND ADJACENT BAY BOTTOM, STOCK ISLAND, MONROE
COUNTY, FLORIDA, AND HAVING REAL ESTATE (RE)
NUMBERS 00123600.000100, 00123770.000000,
00127250.000000, 00127280.000000, 00127290.000000 AND
00127380.000000.
WHEREAS, during a public meeting held on March 18, 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 allowed from 7:00 am until dusk; and
WHEREAS, the development agreement establishes specific timeframes to ensure the
subject properties are brought into compliance with County Codes to protect the public health,
safety and welfare; and
WHEREAS, the development agreement involves the redevelopment of the site, located
at 5700 Fourth Avenue, 5550 Fifth Avenue and 6500 Front Street, Stock Island, Florida,
approximate mile marker 5 of the Overseas Highway (US 1); and
WHEREAS, the site is legally described as a portion of Block 55, all of Block 56, and a
portion (Lot 13) of Block 57, the vacated portion of Fifth Avenue per Resolution #28-1966,
Maloney subdivision (also known as McDonald's Plat), Plat Book 1, Page 55, and adjacent bay
bottom, having Real Estate (RE) Numbers 00123600.000100, 00123770.000000,
00127250.000000, 00127280.000000, 00127290.000000 and 00127380.000000; and
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
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
Page 2 of 4
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;
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.
Page 3 of 4
PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMSSIONERS of
Monroe County, Florida, at a regular meeting held on the 181h of March, 2015.
Mayor Danny L. Kolhage
Mayor pro tem Heather Carruthers
Commissioner Sylvia Murphy
Commissioner George Neugent
Commissioner David Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor Danny L. Kolhage
(SEAL)
ATTEST: AMY HEAVILIN, CLERK
Deputy Clerk
MONROE COUNTY ATTORNEY
Al I RP AST ORM:
STEVEN T. WILLIAMS
ASSISTANZ COUNTY ATTORNEY
Dote
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DEVELOPMENT AGREEMENT
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:
The Parties hereby agree as follows:
WITNESSETH:
I. RECITALS
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 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,
00127280-000000, 00127290-000000, 00127380-000000.
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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 ("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 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.
II. PURPOSE
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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I B. The Agreement allows for the development of property located at 5550 Fifth Avenue, 5700
2 Fourth Avenue and 6460 Front Street, Stock Island, Florida, in compliance with all
3 applicable provisions of Florida Statutes, the Principles for Guiding Development in the
4 Florida Keys Area of Critical State Concern, the Monroe County Comprehensive Plan, the
5 Master Plan for the Future Development of Stock Island and Key Haven, and the Monroe
6 County Code.
7
8 C. The Agreement allows the Parties to implement the provisions of Monroe County
9 Comprehensive Plan Policy 101.4.5 as applied to the Properties in order to provide for the
10 establishment of mixed use development patterns, including transient residential uses and
11 Traditional Working Waterfront Uses.
12
13 D. This Agreement will allow for a reasonable use of the Bernstein Property and Safe Harbor
14 Seafood Property by allowing for development of a significant portion of the Bernstein
15 Property for transient residential uses while preserving traditional working waterfront and
16 water dependent uses on a portion of the Bernstein Property and all of the Safe Harbor
17 Seafood Property.
18
19 E. To protect the public health, safety and welfare and establish specific timeframes to ensure the
20 Properties are brought into compliance with County Codes. Code Compliance shall inspect
21 the Properties at conclusion of each timeframe listed below. If the terms of the compliance
22 schedule are not met, the development agreement is voidable at the sole option of the County
23 at a public hearing of the Board of County Commissioners.
24 a. Debris: Six (6) month timeframe for the removal and clean-up of all excess trash and
25 debris existing as of the Effective Date. After clean up, the Properties shall remain in a
26 safe and sanitary condition similar to other working waterfront commercial operations
27 with designated trash debris locations and with regular waste removal.
28 b. Upland Structures: One (1) year timeframe for demolition permits for the elimination of
29 all unsafe and/or unpermitted structures existing as of the Effective Date or building
30 permits, as necessary, to bring the structures existing as of the Effective Date into
31 compliance.
32 c. Docking Facilities: Five (5) year timeframe for all required Federal, State, and Monroe
33 County permits for the demolition, repair or redevelopment of unsafe and/or unpermitted
34 docking facilities existing as of the Effective Date.
35
36
37 I11. AGREEMENT REQUIREMENTS
38
39 A. Recitals. The recitals explaining the intent and purpose of the project as set forth in the
40 preceding clauses are incorporated herein and form a material part of this Agreement. The
41 Parties recognize the binding effect of Florida Statutes Sections 163.3220-163.3243, as to the
42 form and content of this Agreement and in accordance therewith set forth and agree to the
43 following.
44
45 B. Legal Description and Ownership. The legal descriptions for the Properties subject to this
46 Agreement are set forth in Exhibits 2 and 5.
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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
a proactive role in encouraging the maintenance and enhancement of community
character and recreational and commercial working waterfronts.
In order to protect environmentally sensitive lands, the following development
controls shall apply to all hammocks, pinelands, and disturbed wetlands within
this land use category:
1. only low intensity commercial uses shall be allowed;
2. a maximum floor area ratio of 0.10 shall apply; and
3. maximum net residential density shall be zero.
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In order to preserve and promote recreational and commercial working waterfront
uses, as defined by 342.07, F.S., the following criteria shall apply to all lands
designated with the Maritime Industries (MI) land use (zoning) district within this
land use category:
1. When a mixture of uses is proposed for parcels designated as MI land use
(zoning) district, working waterfront and water dependent uses, such as
marina, fish house/market, boat repair, boat building, boat storage, or other
similar uses but excluding transient uses, shall be preserved by maintaining
a minimum of 35% of the upland area of the property for those uses.
2. Parcels within the MI zoning district that have existing wet slips shall
preserve at least 20% of the wet slips for vessels involved with recreational
and commercial working waterfront uses, excluding live -aboard vessels
solely used as a residence and not for navigation.
3. Parcels within the MI zoning district creating new wet slips shall preserve
at least 10% of the wet slips for vessels involved with recreational and
commercial working waterfront uses, excluding live -aboard vessels solely
used as a residence and not for navigation.
4. 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.
5. For permanent residential development, parcels within the MI zoning
district shall be limited to commercial apartments or employee housing.
Commercial apartment means an attached or detached residential dwelling
unit located on the same parcel of land as a nonresidential use that is
intended to serve as permanent housing for the owner or employees of that
nonresidential use. The term does not include a tourist housing use or
vacation rental use.
6. 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.
7. Parcels within the MI zoning district shall be limited to commercial retail
uses of less than 5,000 square feet of floor area.
c. In accordance with this Agreement and with the MI Land Use (Zoning) District, as set
forth in Monroe County Code Section 130-85, and in compliance with other
provisions of the Code, the permitted uses in the MI Land Use (Zoning) District
include boat building, repair and storage; commercial fishing; commercial retail uses;
commercial retail; hotels; marinas; and accessory uses.
43 d. Code Section 130-85 provides, in pertinent part:
44 (a) The following uses are permitted as of right in the maritime industries district:
45 (1) Boat building, repair and storage;
46 (2) Commercial retail uses of less than 5,000 square feet of floor area;
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(3) Office uses of less than 5,000 square feet of floor area;
(4) Light and heavy industrial uses;
(5) Commercial apartments involving less than six dwelling units, but
tourist housing uses, vacation rental use, of commercial apartments is
prohibited;
(6) Commercial fishing;
(7) Manufacture, assembly, repair, maintenance and storage of traps, nets
and other fishing equipment;
(8) Institutional uses;
(9) Public buildings and uses;
(10) Accessory Uses;
(11) Vacation rental use of any nonconforming dwelling units if a special
vacation rental permit is obtained under the regulations established in
section 134-1
(12) Replacement of an existing antenna -supporting structure pursuant to
section 146-5(2);
(13) Collocations on existing antenna -supporting structures, pursuant to
section 146-5(3);
(14) Attached wireless communications facilities, as accessory uses,
pursuant to section 146-5(4);
(15) Stealth wireless communications facilities, as accessory uses,
pursuant to section 146-5(5); and
(16) Satellite earth stations, as accessory uses, pursuant to section 146-
5(6).
(b) The following uses are permitted as minor conditional uses in the maritime
industries district, subject to the standards and procedures set forth in chapter 110,
article III:
(1) Commercial apartments involving more than six dwelling units,
provided that:
a. The hours of operation of the commercial uses proposed in
conjunction with the apartments are compatible with residential
uses;
b. Access to U.S.1 is by way of:
1. An existing curb cut;
2. A signalized intersection; or
3. A curb cut that is separated from any other curb cut on
the same side of U.S.1 by at least 400 feet;
c. Tourist housing uses, including vacation rental use of
commercial apartments is prohibited;
(2) Hotels of fewer than 50 rooms, provided that:
a. The use is compatible with established land uses in the
immediate vicinity; and
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b. One or more of the following amenities are available to guests:
1. Swimming pool;
2. Marina; and
3. Tennis courts;
(3) New antenna -supporting structures, pursuant to section 146-5(1).
(c) The following uses are permitted as major conditional uses in the maritime
industries district, subject to the standards and procedures set forth in chapter 110,
article III:
(1) Hotels providing 50 or more rooms, provided that:
a. The hotel has restaurant facilities on or adjacent to the premises;
and
b. Access to U.S. I is by way of:
1. An existing curb cut;
2. A signalized intersection; or
3. A curb cut that is separated from any other curb cut on
the same side of U.S. I by at least 400 feet;
(2) Marinas, provided that:
a. The parcel proposed for development has access to water at least
four feet below mean sea level at mean low tide;
b. The sale of goods and services is limited to fuel, food, boating,
diving and sport fishing products.
c. All outside storage areas are screened from adjacent uses by a
solid fence, wall or hedge at least six feet in height; and
d. Each nonwaterside perimeter setback of the parcel proposed for
development must have a class C bufferyard within a side yard
setback of ten feet;
(3) Mariculture, provided that:
a. The use is compatible with land uses established in the
immediate vicinity of the parcel proposed for development;
b. The parcel proposed for development is separated from any
established residential uses by at least a class C bufferyard; and
c. All outside storage areas are screened from adjacent uses by a
solid fence, wall or hedge at least six feet in height;
(4) Land use overlays A, E, PF, subject to the provisions of article IV of
this chapter;
(5) Wastewater treatment facilities and wastewater treatment collection
systems serving uses located in any land use district, provided that:
a. The wastewater treatment facility and wastewater treatment
collection systems are in compliance with all federal, state, and
local requirements;
b. The wastewater treatment facility, wastewater treatment
collection systems and accessory uses shall be screened by
structures designed to be architecturally consistent with the
character of the surrounding community and minimize the impact
of any outdoor storage, temporary or permanent; and
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c. In addition to any district boundary buffers set forth in chapter
114, Article IV, a planting bed, eight feet in width, to be measured
perpendicular to the exterior of the screening structure shall be
established with the following:
e. The height of any new or substantially improved structure associated with the
redevelopment of the Bernstein Property shall not exceed 35 feet, except as provided
in Monroe County Code, as amended.
E. Public Facilities.
1. The Florida Keys Aqueduct Authority provides domestic potable water to the Properties.
Excluding existing development that may already be metered, the Florida Keys Aqueduct
Authority will meter any new development.
2. Keys Energy Services provides electric service to the Properties. Excluding existing
development that may already be metered, Keys Energy Services will meter any new
development. In addition, excluding existing development that may already be metered,
Keys Energy Services will meter other types of development accordingly.
3. Solid waste service is provided to each property by a solid waste collection system
franchised by Monroe County.
4. The Properties are connected to central sewer via KW Resort Utilities Corp.'s system.
F. Reservation or Dedication of Land. This agreement does not entail the reservation or
dedication of land.
G. Development Allowed. The following specific criteria are those which will guide
development of the Properties, and are standards by which any further approvals shall be
measured and shall be as follows:
a. The Bernstein Property consists of 19.14 gross acres consisting of 9.52 acres of
upland and 9.63 acres of submerged land
b. Provided such development can be designed and approved by all applicable regulations
and cumulative density/intensity provisions, including but not limited to the Monroe
County Comprehensive Plan, Monroe County Code and Florida Building Code, the
Properties are permitted to develop the following buildings, facilities and structures
on the Bernstein Property pursuant to this Agreement:
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.
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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.
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 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 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
Code, the Properties are permitted to develop the following buildings, facilities and
structures on the Safe Harbor Seafood Property pursuant to this Agreement:
i. All 3.11 upland acres shall be developed and used for Traditional Working
Waterfront Uses, pursuant to Policy 101.4.5:.
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1 (a) at least 20% of the existing wet slips shall be preserved for vessels involved
2 with recreational and commercial working waterfront uses, excluding live -aboard
3 vessels solely used as a residence and not for navigation.
4 (b) at least 10% of the new wet slips shall be preserved for vessels involved with
5 recreational and commercial working waterfront uses, excluding live -aboard
6 vessels solely used as a residence and not for navigation.
7 (c) the preservation of dockage for recreational and commercial working
8 waterfront uses shall be documented on the final development plan and shall be a
9 written condition of any permit approval.
10 (d) Permanent residential development shall be limited to commercial apartments
11 or employee housing.
12 (e) The preservation of a public access walkway shall be required for all parcels
13 with direct access to the water. Consideration shall be given to security and the
14 physical constraints of the parcel. The public access walkway shall be
15 documented on the final development plan to link a continuous walkway and shall
16 be a written condition of any permit approval.
17 (f) Parcels shall be limited to commercial retail uses of less than 5,000 square feet
18 of floor area.
19
20 H. Required Permits. The following list of all development permits approved or needed to be
21 approved for the redevelopment of the Properties, as specified in this Agreement:
22
23 a. One (1) year timeframe for demolition permits for the elimination of all unsafe and/or
24 unpermitted upland structures existing as of the Effective Date or building permits, as
25 necessary, to bring the structures existing as of the Effective Date into compliance.
26 b. Five (5) year timeframe for all required Federal, State, and Monroe County permits for
27 the demolition, repair or redevelopment of unsafe and/or unpermitted docking facilities
28 existing as of the Effective Date.
29 c. Conditional Use Approval and Building Permits will be required for the development of
30 the Properties into a hotel or any other conditional use permitted under Monroe County's
31 Land Development Regulations. The development shall be consistent with all applicable
32 codes, including but not limited to the Monroe County Comprehensive Plan and Monroe
33 County Code. Prior to issuance of any conditional use approval and associated building
34 permits for the hotel use, the Properties shall have addressed all code compliance issues
35 existing as of the Effective Date.
36
37 I. Military Installation Area of Impact. The Properties acknowledges and understands the
38 Property and proposed development is within the Military Installation Area of Impact
39 Overlay as defined by the Monroe County Comprehensive Plan. The Properties are located
40 in the 60 — 64 DNL (Day -Night Average Sound Level) noise contours pursuant to the 2013
41 Navy Final Environmental Impact Statement. While not within a 65 DNL Noise Zone or
42 greater, the Properties agree to sound attenuate all habitable buildings and shall strive to
43 achieve an outdoor to indoor Noise Level Reduction Level (NLR) of at least 25 decibels.
44 Normal permanent construction can be expected to provide a NLR of 20 dB.
45
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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
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 III.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.
ii. 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.
iii. 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.
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d. Enforcement:
i. 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
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
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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.
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
And a copy to:
Robert Shillinger, Esq.
County Attorney
PO Box 1026
Key West, Florida 33041
and
1111 12`h Street, Suite 408
Key West, Florida 33040
Page 14 of 19
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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:
Barton W. Smith, Esq.
Smith Oropeza, P.L.
138 - 142 Simonton Street
Key West, Florida 33040
The address of Safe Harbor Seafood shall be:
C/O Ricardo Diaz, MGR
1025 18`h Terrace
Key West, FL 33040
And a copy to:
Erica Hughes -Sterling, Esq.
SPOTTSWOOD, SPOTTSWOOD & SPOTTSWOOD
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
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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.
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.
BB. Counterparts. This Agreement may be executed in one or more counterparts, and by
different Parties hereto in separate counterparts, each of which when executed shall be
deemed an original but all which taken together constitute one and the same agreement.
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.
Page 16 of 19
1 EE. Severability. If any part of this Agreement is contrary to, prohibited by, or deemed invalid
2 under any applicable law or regulation, such provisions shall be inapplicable and deemed
3 omitted to the extent so contrary, prohibited, or invalid; however, the remainder of the
4 Agreement shall not be invalidated thereby and shall be given full force and effect as if the
5 contrary, prohibited, or invalid provision was never a part hereof.
6
7 IV. Effective Date. The "Effective Date" of this Agreement is forty-five (45) days after the duly
8 signed and recorded Agreement is received by the Florida Department of Economic
9 Opportunity pursuant to Chapter 390, Florida Statutes, and if appealed, the date the appeal is
10 resolved.
11
12
13 113alance of this page intentionally left blank signature page to followl
14
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IN WITNESS WHEREOF the Parties hereto have set their hands and seals on the day and year
below written.
SAFE HARBOR SEAFOOD LLC
Title:
Date:
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.
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ROGER BERNSTEIN as Trustee of the Benjamin Bernstein Trust B
Title:
Date:
The foregoing instrument was acknowledged before me on this day of ,
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 COMMISSIONERS
DEPUTY CLERK
MAYOR
MONROE COUNTY ATTORN
A' ROVED ASEFORMW.:,-'
STEVEN 7. WILLIAMS
ASSISTANT COUNTY ATTORNEY
Date
Page 19 of 19
p^
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:r•
d
Ci
E
�c Tt� 1725
EX1[tBIT 8 '
ti
VZRGOMAL REPPZSMATIVSS' DECO
TRIO INl7Lll IM# executed the day of
1979 between ion" az=T8IN and ROGM. SF,RN6s��t-- �
.
personal Representatives of the Cotata of hhenja�n Bernstein,
'
4
Deceased. the party of th* first part and
NITNfMSZ=t
•
The party of the first ppart, pursusar. to the provisions
contained in the Will of R!n' "D sernatein,
:. .:
a&dtted to peobate
on May 10, L973grants. bargains, sells, aliens, ceases, s^e2e4ses
el,
604VM Ud osto UM huV* of Iho **MA Paftp US Ware
•
and besigns fbrenmr, the real property in Morro* County. Florida
rW.•°• ,
described as:
a passel of find on Stook Island and being a part of slick- 53
of Medoeeaidps Plat of stock island at reaozdwd in list Rook 1
at page 53 of the Public Records of slonroe Countyt 1plorida and
being also a past of submerge¢ 3Amds'described in T. I. I. P.
dead nusbei 19937-At all of which is described � particular
by met" and bounds; as folloees a
'
Cmmneinq At the imtersection of southerly sight -of -sway boundary
� .
UVA o! Fourth avenue With the westerly right-cf way boundary
.,
li.ne of Trost streets thence southeaswar42y in and along the
'.6
Westarly right-ol-way boundary line of preset street a distsnae
•
Of 840.5 feet to the point of beginning of tha parbel of ad
xa
herein being desoribads thence along -aforesaid right-ot-vay
• 7
botnedarY line south 47 degrees 13 minutes 30 etaeonds East a
MAtMMM of 163.24 feet to a points thence south 6 degrees 01
sl:pute 50 second* Neat, a distance of 313.70 feet to s I
thence south 70 degrees 27 sdnates 5o seconds Nest, a di*tanae
s
of 701.00 feat to a points thence North 46 degreis'l3 vinutea
42 seconds want, a distance of 334.46 feet
to a gluts thence
Worth 97 dagrses eB pinutes 10 seconds Mast, a distance of ,{95.00
„" •kfeet
to a points thence Worth 3 degrees 33 minutes 36 seconds Mast,
a distaAM of 340.04 feet to a porots thence North 153 d*"*
22 Minutes 20 SseaDds Bast; a distance of 207.19 f4et to a point
=i
thence south 47 degrees 13 minutes 30•seeonde Last, a distance or
170.09 foot to a ts thence North 42 degrees 46 n nutes 30
'
seconds seat, a distahOe Of 125.0 feet to the.ppint of beginning,
containing 7.28 Ac., moo+* or leas.
M MCL= with all and singular the tansa*nts, hereditam".
vents and appurlanances belonging or in anywfsa appertaining to
that real property. ..
TO HAV$ AND TO HOLD the same to the party of the second
part, his heirs and assigns, in toe simple forever.
' AND the party of the first part, does covenant with the
party of the second part, her heirs wed assigns, that in all
things preliminary to and in and about the sale and this convey-
ance the orders of the above -nand court and the power of sale
L
contained in the Hill and tho lays o: Florida have been followed
Arid cos. lied with in all respacts.
EXHIBIT 7 - Instruments Evidencing Ownership of Bernstein Property
C 775 w726
IN tiITUSS URCW AV. the party at the first part, .-es
personal Representatives of the Betate of Benjamin Bacnotaln.
Deceased, have set their hands and ;gala on the day and year
filet above written.
• 3,02385 ernsto a
- qes me a
F t�
•
STATE OP PI4RIDA
CDVORY O! 1iRiN
I MRS: CepmrI that an this "-.?, before mea an offices
duly anthoarixed in the state aforesaid an41' in the•Coli W afore-
said to tdke aeknawledgesnts, parganal],yy appeared 00 N9 BUW-8
to as known -to be tho person daaaribad in and. Who exeeated the
fl�efnl �g instrument and acknowledged before me that he executed
t
WIMMUS my -hand and official seal in the County, and 6tate
last aforesaid this -,day of -, 1978.
Watery FUblLC
State of-plarida at barge ,
MTS Of' WARIOA
OF ohm
I RAY CERTIFY that •on this day, Ware aa, an officer
duly authorised in the state aforesaid and in the County afore-
said to take ackaawledgmente, personally appeared AMR M.
OLff�fBrm to foe known to be the person described in and who
exaeaba the fecagoing instrument and ad*nowledged before we .
that her anocuted the °safes.
MITHSSSwi hand and official seal in the County And State
last aforesaid thls_dw of NOW"r , • 2978.
• f Stars of placid& at Large
This instrument prepared byi
r M. Aerastein, Lsquirk
S to 2800, One Biscayne Toyer
Mani, Placid& 33131
(305) 374-4400
L EXHIBIT 1 - Instruments Evidencing Ownership of Bernstein Property
.•
�z 7?5 NM�Nxt7Z�
ZKBISIT c
To The Trustees of Trust B Under she Will of Benjamin Bernstein,
Deceased,
A part of.Block Syr of the plat of Stock Island, an recorded in
Plat icck 1, Page SS of the Public Records of Monroe county
Florida and is pparticularly described as followam ComeencLow
at the 'atersection of the Southwesterly right -of -May line of
Front Street and the Southeasterly right-af-way line at Fourth
Avenue of the said Plat of &took Island, bear South 47 degrees,
13 minutes and 30 seconds Last along the southwsteriy right-ot-
way line Of Front &tweet fox a distance dt 250.00 foot to a point
which is the Point at Bsbinnin90 Continue thence 2000 47 dagmess
13 minutes and 20 seconds toot along the Southwesterly right-of-
way line•of Front Street for a distance of Sao. 00.fast to a point,
tbance bear south 42 degrees, 47 minutes and 30 seconds Wait fo'r
a distance of•175,00 fast to a points thahce bear Worth 47 d"mos,
la minutes and 30 *==do Nast for o distance of 606.00 feet to
A Points thence bear North 42 degrees, 47 minutes and 30 seconds
Bast a distance of 175.00 feet back to the Point of Beginning.
Together with all Improvements thereon. ' ALs01
A tract of land on a Part of Stole Island, Aonrce county, Floridst
and being mevre Partin IMLY described by wates and bounds as
folloras Commencing at the intersectiote of the aeutheriy right-
of-W, line of Fifth AVenas and the CastarlY VA.
ght-otN►ay line
of Fifth Street of the plat of Stock island, recorded in Plat
Book 14 Page S5 of the Public Records of •71pm+oa Oounty, Flort4al
bear South 83 dogmas m„d S6 minutes East. 500.90 facts therwoa
bear South 06 degrees and 04 minutes Merit, 2242,25 Teets thence
bear South •3 dogmas and 56 mminutes vast, 2131,53 tests thence
bear North 06 degrees and 04 minutes•M:ase, 1281.05 het to the
Point of Beginning of the tract of land hereinafter described:
Dram said Point of BegiRnip9 bear south 70 degrees and 30 minutes
,lest for a distance of 1060 feet~ slurs or less, to the oenterliae
of the Shtranoe Channels thence bear Worth 05 degrees and 45 ala-
utes Most along the conterline of said Nbktranee Ou m►ei for ■
distance of 12 feat, More or less, to a points thoswe bear North
83 degrees and 56 Iatnutse West for a distance of 475 ftetp ssora
or lose, to a point vhiab is TO toot and bearing South Of degrees
and 04 minates West from the Southerly right-ot-wey linen of Fifth
Avenue thence bear North 06 dogma" and 04 minutes Rost for a
distmae •of 400 loot more or loss, to the Southerly Woreli.ee
at Bleak 13, Block si of the Plat of Stack Islands thence meander
the aberaelim» in an lasterly direction for a distance of 1440
test. more or less, to a- point mrhie h is bearing Note. 06 degrees
and 04 minutes Rest from the Poin;.ot Seginnings thence bear South
06 degrees and 04 einutesk West for a distance of 100 feet, more
or Russ, back to the !Point of segImIng.
Less the following parcel of land included in this legal des-
criPtionr •
A Parcel of land on Stock Island and being a part of Slack 55
of lMcdonaldfa Plat of Stock Island at recorded in Plat Book 1
at pugs 55 of the Public Records -of !Monroe County, Florida and '
being also a part of submerged lands describod in T. I. 1. F.
&W.. .Wrc. 7•r�..y!. (ygfL4'. h 'M,■4•P41 w..q.='�r -1p0/.. v.FY. 0 . .. . . -% t — .•J
EXHIBIT 1 - Instruments Evidencing Ownership of Bernstein Property
s •
i
dead number 10937-A, all of which is described slows Particularly
by eats■ anti bounds as foliowse
fo"M
cing at the intersection of southegly right-of-way boundary
line of Fourth Avenue With the oestesiy right -of way boundary
UM Of the
rlyright-Of-Waytboundary lima*of aprons Street aidise distance
Of 844-5'feet to the point of begir4iing of the parcel of land
herein being desoribedr thence along aforesaid ribh"f-way
bowsdasy liner .South 47 degrees 13 s+inutes 3a secoae n Bate a
distance of 163.26 feet to a point, thence South 6 dsgxe&s et
vlftute 50 ssa:Onds Nast, a distaste of 313,75 feat to a points
me theSouth 70 Vsgrees 27 minutes SO seocnda most, a distance
of 791.00 feet to a issts thence north 46 de 1S minutes
42 second* met, a dunce of 334.60 lest to a point, thence
tes
fiethto7a points rees then** Noorth 3 10 degrreeeesB 3t uttest56 secondsS Mgt,
a distance of 340.04 test to a point, thence Borth 53 degrees
21 miaates 10 seconds Rant, a distance of 207.18 feet to a points
thence South 47 degrees 13 minutes 30 seconds East, a distance of
179.49 feet to•a points thence Worth 42 degrees 46 mi:entee 30
seoasHOs !fast, a distance of 125.0 fast to the point of beginning.
aaataininq 7.28-Ac., moss, or less.
All of Block $4, all of tot 13, Block 37'and all at Block 55 of
the plat of Stock island, as recorded in plat Book 1, page 5S of
the Nubile psoords of amne County. Florida, lees the following
described traat in Block ssa
Commencing it the intscs0ftion of the Southwesterly right-of-Msy
line of Front street and the southeasterly right-og-Way line of
ftwMh Av+sses Of' the said Plat of Stock islando said intersection
also to be known as the point of Beginning of the treat of land
hereinsfter dsscribedb bear South 47 degrees, 13 minutes and 30
"Conde Must along the Southeasterly right-of-way line of Poont
Street for a distance of 650.00 feet to a points thence bear South
42 degrees, 47 minutes and 30 seconds hest for a distance of
175.00 feet to a points thence boar Borth 47 0egress L3 minutes
and 30 Seconds !test for a distance of 850,00 feet to is point an
the Southeasterly riebt-of-way Line of loertli avenge, theca
bear North 42 degrees. 47 minutes and 30 seconds 'test along the
Southeasterly sight -of -gray Tina of Fourth Avenue for a distance
of 173.00 feet back to the Point of Beginning. TOGB'1NRR OfI771
all improvements, thereon.
r •'twC{ee�
aar...•art, .•as,. � •.,t., S ,mot. tin •.4f" r., � • a . . . r
EXHIBIT 1 - Instrumen s vsdenc�ng wner hip o �ernsteln �rolii:rty
IN THE CIRCUIT COURT FOR MONROE COUNTY,
FLORIDA PROBATE DIVISION
IN RE: ESTATE OF
File No. 1973-CP-096-K
BENJAMIN BERNSTEIN,
Deceased.
Doc# 1849209 08/26/2011 8:58AM
Filed i Recorded in Official Records of
�0M COUNTY DANNY L, KOLNAGE
Doc# 1849209
Bk# 2531 Pg# 2026
PERSONAL REPRESENTATIVES' RELEASE
AND CERTIFICATE OF DISTRIBUTION OF REAL PROPERTY
(multiple individual personal representatives)
The undersigned, JORDAN M. BERNSTEIN and ROGER M. BERNSTEIN, the surviving
Personal Representatives ofthe estate ofBENJAMIN BERNSTEIN, deceased, hereby acknowledge
that all right, title and interest in and to certain real property located in Monroe County, Florida,
owned by the decedent at the time of death, and described as follows:
See legal description attached as Exhibit "A",
and represented by Property Appraiser's Parcel Identification Numbers 00127250-000000 and
0012370-000000, Alternate Key Numbers 1161462 and 1157911 respectively (the "Property"),
vested in the residuary trust known as Trust "B" under the Will of Benjamin Bernstein, of which
JORDAN M. BERNSTEIN and ROGER M. BERNSTEIN, P.O. Box 2455, Key West, Florida
33045, are the surviving Trustees, by operation of law at the date of the decedent's death as more
fully appears from the proceedings in the Circuit Court for Monroe County, Florida, Probate
Division, in File 1973-CP-096-K, subject only to the rights of the Personal Representatives under
Sections 733.607 and 733.608 of the Florida Probate Code to:
1. take possession or control of the Property,
2. to use, sell, encumber or otherwise exercise control over the Property:
a. for the payment of devises, family allowance, elective share, estate and
inheritance taxes, claims, charges, and expenses of the administration and
obligations of the decedent's estate,
EXHIBIT I - Instruments Evidencing Ownership of Bernstein Property
Doc# 1849ZOS
Rd 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 JVsA j , 2011.
Executed in the pre a of -
Witness signature
1/lb�a I 1
Pri t w_ntness name
CJ
1
q6�
Witness signature
Print witness name
Witness signature
VO-0 -a, E SG.I owp—
Print witness name
Witness si e
Print witness name
J9PAN M. BERNSTEIN
ds/Personal Representative of the Estate of
BENJAMIN BERNSTEIN, deceased
an
AJA
ROGER R N-SItIN,
as Personal Representative of the Estate of
BENJAMIN BERNSTEIN, deceased
EXHIBIT 1 - Instruments Evidencing Ownership of Bernstein Property
STATE OF NFW JERSEY )
COUNTY OF PCkSSa C )
Doc# 1849209
BW 2531 Pg# 2028
The foregoing instrument was acknowledged before me on "f e M ,
2011, by JORDAN M„ BERNSTEIN as Personal Representative of t �e estate of BENJAMIN
BERNSTEIN, deceased, who is personally known to me m t A _
or who produced 0?' L6Q' DRtVPPS LacvmNt #, as identification.
'g 662-433. 38• too-o
My Commission Expires. 2-ksst
My Commission Number:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
�_ &jL-0
Notary Public, State of New Jersey
(Affix notarial seal)
�S
1;AWL LEM
No" Fdit
am of
rya 25, 2015
The foregoing instrument was acknowledged before me on \T11 H E= Z-O
2011, by ROGER M. BERNSTEIN as Personal Representative of the estate of BENJAMIN
BERNSTEIN, deceased, who is personally known to me --- K
or who produced --- x as identification.
Notary Public, State 0171orida
(Affix notarial seal)
My Commission Expires: NOTMYPUBLIC=STATEOFnO)tMA
Vania E. Salgar
My Commission Number: 'Cammission#DD873380
,,,...••` Expires: APR 09, 2013
SUtin}� TRRU ATL&'--rC BOWNGCO,INe,
This instrument prepared by: Margrit S. Bernstein, Esq.
The Bernstein Law Office, P.A.
300 Sevilla Avenue, Suite 310
Coral Gables, FL 33134
EXHIBIT 1 - Instruments Evidencing Ownership of Bernstein Property
Doc# 1649209
Bk# 2531 Pg# 2629
IN RE: ESTATE OF
BENJAMIN BERNSTEIN Case No. 1973-CP-096-K
Deceased
A parcel of land on Stock Island and being a part of Block 55 of
McDonald's Plat of Stock Island as recorded in Plat Book 1 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, all of which is described more particularly by metes and
bounds as follows:
Commencing at the intersection of southerly right-of-way boundary
line of Fourth Avenue with the westerly right-of-way boundary line
of Front Street; thence Southeastwardly in and along the westerly
right-of-way boundary line of Front Street a distance of 840.5 feet to
the point of beginning of the parcel of land herein being described;
thence along aforesaid right-of-way boundary line south 47 degrees
13 minutes 30 seconds East a distance of 163.26 feet to a point;
thence south 6 degrees 01 minute 50 seconds West, a distance of
313.78 feet to a point; thence South 70 degrees 27 minutes 50
seconds West, a distance of 791.00 feet to a point; thence North 46
degrees 15 minutes 42 seconds West, a distance of 334.66 feet to a
point; thence North 87 degrees 08 minutes 10 seconds East, a
distance of 485.00 feet to a point; thence North 5 degrees 33 minutes
56 seconds East, a distance of340.04 feet to a point; thence North 53
degrees 21 minutes 10 seconds East, a distance of 207.18 feet to a
point; thence South 47 degrees 13 minutes 30 seconds East, a
distance of 179.69 feet to a point; thence North 42 degrees 46 minutes
30 seconds East, a distance of 125.0 feet to the point of beginning,
containing 7.28 Acres, more or less.
EXHIBIT "A"
WROE COUNTY
OFFICIAL RECORDS
EXHIBIT 1 - Instruments Evidencing Ownership of Bernstein Property
BERNSTEIN TRUST
LEGAL DESCRIPTION
EXHIBIT 2 - Legal Description for Bernstein Property
Doc# 1849209
Dk# 2581 F9# 2029
IN RE: ESTATE OF
BEN.IAMIN BERNSTEIN Case No. 1973-CP-096-K
Deceased
A parcel of land on Stock Island and being a part of Block 55 of
McDonald's Plat of Stock Island as recorded in Plat Book 1 at page
55 of the Public Records of Monroe County, Florida and being also
a part of submerged lands described in T. I. 1. F. deed number
19837 A, all of which is described more particularly by metes and
bounds as follows:
Commencing at the intersection of southerly right-of-way boundary
line of Fourth Avenue with the westerly right of -way boundary line
of Front Street; thence Southeastwas+dly in and along the westerly
right-of-way boundary line of Front Street a distance of 840.5 feat to
the point of beginning of the parcel of land herein being described;
thence along aforesaid right-of-way boundary line south 47 degrees
13 minutes 30 seconds Bast a distance of 163.26 feet to a point;
thence south 6 degrees 01 minute 50 seconds West, a distance of
313.78 feet to a point; thence South 70 degrees 27 minutes 50
seconds West, a distance of 791.00 feet to a point; thence North 46
degrees 15 minutes 42 seconds West, a distance of 334.66 feet to a
point; thence North 87 degrees 08 minutes 10 seconds East, a
distance of 485.00 fid to a point; thence North 5 degrees 33 minutes
56 seconds East, a distance of 340.04 feet to a point; thence North 53
degrees 21 minutes 10 seconds East, a distance of 207.18 feet to a
point; thence South 47 degrees 13 minutes 30 seconds East, a
distance of 179.69 feet to a point; thence North 42 degrees 46 minutes
30 seconds East, a distance of 125.0 feet to the point of beginning,
containing 7.28 Acres, more or less.
EXHIBIT "A"
NNROE CUTY
OFFICIAL RECORDS
EXHIBIT 2 - Legal Description for Bernstein Property
t
JAW
EXHIBIT C
tr
:.
To she Trustees of Trust B Under The Will of eenjandn Bernstein,
Oecesseds
A part of Block 55, of the Plat of Stock Island, as recorded in
plat book Is page 55 of the Public Records of Monroe County,
Florida and is particularly described an follows: Comoancinq
5
at the intersection of the Southwesterly right-of-way line of
-"r
pront street and the Southeasterly right-cf-way line of Fourth
;:.
Avenue of the said Plat of Stock Island, bear South 47 degraea,
-.,
13 minutes and 30 seconds Eamt along the southwesterly right-of-
;:�
way line of Front street for a distance of 250.00 feet to a p41nt
which is the Point of Beginnings Continuo thence South 47 degrees
" 4
13 minutes and 30 seconds East along the Southwastarly
right-of-way
line -of rront Street for a distance of 600.00 feet to a points
thence beer South 42 degrees, 47 minutes and 30 seconds Mast for
47 degrees*
a distance of 175.00 feet to a points thebce bear North
is minutes and 30 seconds feat for a distance of 600.00 feat to
a points thence bear !forth 42 degrees, 47 minutes and 30 seconds
East a distance of 175.00 feet back to the pois;t of Beginning.
Together with all improvements thereon.' WAOs
A tract of land an a part of stock Island, Monroe County, Plorid8p
>•:3.f
sad being ware particularly described by imetes and bounds an
follows CoMm being at the intersection of the Southerly right -
of Kpy line of piftA Avvenue and the Easterly right-of-way lima
:
of Fifth Street of the Plat of Stock Zalemd, recorded in Plat
Book 1, Pagie S5 of the Public Reeo3rdn of •33on3" County, Florida,
bear South 83 degrees and 56 minutes East, 500.00 fasts thence
bear South 06 degrees and 04 minutes West, 2242.25 feats thence
bear South 83 dogmas and 56 minutes East, 2131.53 feetr thence
bear North 06 degrees and 04 minutes -Rant, 1991.05 feet to the
Point of Beginning of the tract of land hereinafter described;
frees said point of beginning bear South 70 degrees and 30 m utes
West for a distance of 1060 feet, more or less# to the centerline
of the Entrance Channelr thence bear North 05 degrees and 45 min-
utes Meat along the centerline of said Ratranee Channel for s
distance of 12 feat, more or lass, to a points thence bear Worth
83 degrees and 56 minutes West for a distance of 475 feat, more
or less, to a point which is 703 feet and bearing south 06 degrees
and 04 Minutes pest from the Southerly tight-of-waY line of rIfth
.•f
Avense thence bear North 06 degroa■ and 04 minutes Bast for a
a
distance -of 400 feet, more or less, to the southerlyshoreline
Island; tlisnee Iseagder
•
,•
of Block 13, Block S7 of the plat of Stack
the shoreline in an Easterly direction for a distance Of 1440
degrees
feet, mare or less, to n•ppint which is bearing North 06
and 04 minutes Bast from the pain -..at Beginnings thence bear South
•
06 degrees and 04 minutes West for a distance of 100 feat, store
or less, back to.tha Point of Beginning.
Less the following parcel of land included in this legal des-
crtption:
partial of land on Stock Island and being a part of Block S5
of NeDonald's plat of Stock island at recorded in Plat Book 1
'
at in,Tr. I.I. an-d
galso
beingmk
afpar•t pfsubmiergeddlandsldescribod
L
♦M•• •et [' 9•*r•a.rL IN},•.••.. :WrP•P4l N.•r, �.♦t' ,.rynt r>. V.I+Y• • ♦ .r. . •1 I.r ••a w.rR: ,.
EXHIBIT 2 - Legal Description for Bernstein !Property
7
L
I
775 na1728
deed number 19037 A, all of which is described more particularly
by mates and bounds as follows:
Commencing at the intersection of southerly right-of-way boundary
Line of Fourth Avenue with the westerly right-of-way boundary
line of Front Street= thence Seuthesetwardly, in and along the
westerly right-cf-way boundary tin* *of Front Street ae distance
of 840.5'feet to the point of beginning of the parcel of land
herein being describedy thence along aforesaid right-of-way
boundary line South 47 degrees 13 minutes 30 seconds East a
distance of 163.26 fact to a pointy thence South 6 degrees 01
minute SO seconds Kest, a distance of 313.78 fast to apo inty
thence 6cuth 70 degrees 27 minutes 50 seconds West, a distance
of 792.00 fist to A pointy thence North 46 degrees 15 minutes
42 seconds Vest, a distance of 334.6Q feet to a points thence
Worth 87 degrees 08 minutes to seconds East, a distance of 485.00
feet toe points thence North 5 degrees 33 minutes 36 seconds East,
a distance of 340.04 feet t0 a points thence North 53 degrees
21 minutes 10 seconds East, a distance of 207.18 feet to a pointy
thence South 47 degrees 13 minutes 30 seconds Bast, a distance of
170.69 feet to•a points thence North 42 degrees 46 n inutee 30
seconds Rest, a distance of 125.0 feet to the point of beginnings.
containing 7.28•Ac., more or less.
All Of block S6, all of Lot 13, shack S7'abd all Of Block SS of
the Plat of Stock Inland, as recorded in Plat Book 1, Page SS of
the Public Records of Monroe County, Florids, less the following
described tract in Block 55:
Commencing at the intersection of the Southeasterly right-of-kay
line of Psint Street and the Southeasterly rightrof-way line of
1'burtb Avenue of the said Plat of Stock xslah4. said intersection
also to be known as the Point of Beginning of the tract of land
hereinafter descrlbedi bear South 47 degrees, 13 minutes and 40
edconds East along the Southwesterly right-cf-way line of Fro t
Street for a distance of 850.00 feet to a pointy thence bear South
42 degrees, 47 minutes and 30 seconds Vest for a distance of
175.00 feet to a pointy thence boar North 47 degrees 13 minutes
,and 30 seconds vest for a distance of 850.00 test to a point on
the Southeasterly right-cf-sway line of Fourth Avenual thence
bear North 42 degrees, 47 minutes and 30 seconds Bast along the
Soeethaasterly right-of-way line of Fourth Avenue for a distance
of 175.00 feet back to the Point of Beginning. TOGVMR WrTH
all l.mprovements thereon.
ear.. r+.�. • ^^tar.. i wa••C•. t {Dr.10 :4P 1,'.. a-bi 't AI .. v a... . A 1 - .,r r .•w ,.»
EXHIBIT 2 - Legal Description for Bernstein Property
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I Exhibit 1 to Ordinance# 045 -013
AVEEn
3RD
AVE
5TH AYE sTM AvE 9`F
6V AJE
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it
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Mixed Use/ k
Commercial (MC)
i
The Monroe County Future Land Use Map is amended
as indicated above.
Proposa8: 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 Ilse/Commercial (MC).
0•UIT-0U1LM L1LED
Return to: 535222 £;'nl 088 207
Name: Roger M. Bernstein, Esq.
Address: 69 Merrick way, suite 201
(oral Gables, FL 333.34
This Instrkment Prepared By:
Name: Roger M. Bernstein, Esq.
Address: 69 Merrick Way, Suite 201
Coral Gables. FL 33134
TM LPG, boacauted this / ? *—day of April 1989, by
M]RIAM BiI3iS7m, an unralarried widow, hereinafter Called "Grantorn
first party, to JOSON R. 1tAC1Q91N and JEFFM W. BDL TIN as Trustees Under.
the provisions of a Trust Agreement dated Match 10, 1989,
and known as ISLAND INXT
whose postoffice address is: P.O. Back 2455
Key West, Florida 33040
second party:
tYh.rrvrr u.rd h►rrtn. thr t►rr:♦ •l.,.• prrty" +nd '•.•rnna '
p•reyr •hall Inetudr .anaotr, and 31.ura.. L.lr.. :•,�a:
rrprosental.v► . an4 rsSiana al .L4,V2-U8.. 4114 .U. •orr►•an,.
054 • ut�na of rarpnrr[ Iona. • u1..1rvrr in► rnntoai •n adntt5 or
a►qulr•. 1
1 MMSMM, that the said first party, for and in ci=sideation of the slap of
GIFT, does hereby remise, release and quit-claiun unto the said second party
forever, all the right, title, interest, Claim and demand Which the said first
party has in and to the following described lot, piece or parcel of lard, situate,
lying and being in the County of MMME State of FL=Mk , to -wit:
A parcel of land on Stock Island and being a part of Block 55
of ftoornaldfs Plat of Stock Island as recorded in Plat Book 1
at page 55 of the Public Records of Molaoe Ookvnty, Florida and
being also a part of sltm e>ged lands n%sccibed in T.I.I.F. deed
t nd3er 3S037 A, all of which is described more partiwlarly by
metes and bounds an Eaddhit xAP anrnaod hereto, her+eirlefter
called the -Property-.
To jays AM 110 WM the same together with all and singular the �
tt:erenanto belonging or in anywise appertaining, and all the opt -to, right, title,
interest, lien, equity and claim whatsoever of the said first party, either in law
or equity, to the only prgxr Use. benef set forth and of of the said this deed and second party
past
forever upon the trust and for the purposes
AgreeMW*-
Full polder and authority is granted by this deed to the Trustees or their
successors as set forth on ndiibit -B' annexed hereto to deal in or with said
ply as any interest therein or any part thrseof, to Protect, Conserve, and to
sell, to lease, to enclzber or ot2>eZwiae to manage and dispose of the real property
or any part of it described in this instranentt.
In no case shall any party dea•iiq with the Trustees in relation to the real
ply Cr to whM the real property or any part of it shall be conveyed,
contrasted to be sold, leased or mortgaged by Trustees. be dblig8d
advanced we to tJV-
an the
application of any purchase mm ey, rent or mMW
b=rowed or pranises, or be obliged to see that the terms of this trust have been ccf� ied
with, or be obliged to inquire into the necessity or expediency of any act of the
Trustees, or be obliged or privileged to inquire into any of the terms of the Trust
Agreement or the identification or status of any named or unnamed beneficiaries, or
their heirs or assigns to wham the Trustees may be accountable: and every deed,
EXHIBIT 4 - Deed Evidencing Ownership of Island Trust Property
535222 2 372
trust deed, mortgage, lease or other instrument executed try the Trwitccea in
relation to the real property shall be conclusive evidene:e in favor of every non son
relying upon or claiming under any such conveyance, lease, or other instrummt (a)
that at the time of its delivery the trust created by this indenture and by tho
Trust Agreement was in full force and effect, (b) that the comayance or other
u%strument was executed in aeoordaznce with the trusts, conditions and limitations
contained in this Indenture and in the Trust Agra mat and is binding upon all
beneficiaries under these instruments, (c) that the Trustees were duly authorized
and elnowesed to execute ard' deliver every such deed, trust deed, lease, mortgage
or other instrument and (d) if the om weyanoe is made to or by a successor or
suooessors in trust, that the successor or Eueoessors in trust have been appointed
properly and vested fully with all the title, estate, rights, powers, dunties and
obligatiwa of the predecessor it trust.
Any contract, obligation or indebtedness incurred or entered into by the
Trustees in connection with the real property may be entered into by then in the
name of the then beneficiaries under the Trust Agreement, as their attorney -in -
fact, by this deed irrrvocably appointed for the purpose, or, at the election of
the Trustees, in their awn names; as Trustee of an express trust and not
individually, and the Trustees shall have no obligation whatsoever with respect to
any such contract, obligation or indebtedness except only as far as the trust
property and funds in the actual possession of the Trustees stall be applicable for
their payment and dischstge, and all persons and corporations whaesoever and
whatsoever shall be charged with notice of this condition from the date of the
filing for record of this deed.
The interest of each beneficiary under this deed and under the Trust Agreement
referred to previously, and of all persons claiming under them or any of then shall
be only in the !awnings, avails and proceeds arising from the sale or other
disposition of the veal property, and that interest is declared to be personal
property, and no beneficiary under this Bleed shall have any title or interest.
legal or equitable, in or to the real property as suchr but only as interest in the
earnings, avails and proceeds from that rail property as aforesaid.
wGrantax-, "Grantee". ^rrmtW and "Beneficiary' are used for singular or
plural, as context requires.
IZi M=MM KWW3P, the Grantor aforesaid has set her hand and seal this Az�—
day of April, A.D., 1989.
Signed, sealed and delivered in
the par{e{ssen,,o//eee of g
�/NJ /I '•+/mac Sir
STATE OF FLiF=h )
) SS:
CDtrnM OF MONROE )
`del
ivn[.
BERM HE persornally appeared MIItIl,M BEIi R=m to me well knaan to be the
person who executed the fonegouq Quit -Claim Deed to the Trustees under Trust
Agreement, and acknowledged to and before me that she executed said instnanent for
the purposes therein used.
Wrnass my hand and official seal in the County and State last afOr8W1d
this day of April, 1989.
by commission E]cpiresn
Notary Foblic, state of Florida
WGRIT Y p(j �EIN
My 0A.OFupPl0I I
EXHIBIT 4 - Deed Evidencing Ownership of Island Trust Property
)�11It1T d�0
I.1:i; \1. milit'it 1 P'r It) ,
A 'I'ItAt7r m, I.ANII IIN 81-0I'11 IS4AND 19£INt1 A PART 01 111.114% ra-1 III' 1111111NA1.1►':` I%%1'
01' 811)i1: ISLANiI AS 111310llllal IN PI,•1'r ii(N►K I 1'1' I'14;1: ar, ur -I-III: PI'IU.it' Hl; y11;u.
t)I' n 1NItUl: cmwr1', 1'I.01t I UA A%11 111: (XI; 11.%-tI A 1' \III• 1 W .91 14:11:I..I:D I.•1\I IF
DESC'1t1111:11 1N T.I I.F. DEVI) Nt:11111;1( 191137.-A, III: IN11 NVIII K PAIVIACl, -LA111.1'
IN:S(:R1111a1 11Y "3i1:1't;ti AND ROUNDS" AN FOIJAPU::
(:0311IENCINU AT TIII: 1N'rl:)tSi:(`TION nr •nin, %ourmiAS1'I:itLY imarr-Oi'-WAY i.INI: OF
FOURTH AVRNU1: WITII THE SOU'1'11111:5'rI:Ito, It11;IrT-OF-14AY I.1N1: nP F11(1N7' $Tll or
Tl1ENCE S47'13'30"1: ALONG SAID SOL-1'iI119:STI:III,Y ili(;II1'-01°-11:1Y i.INt: Oi' 1'Rt)Nr
STRUF.T FOR 840.50 FI:1:T TO THE POINT OF 10:61 NN I Nt; OF THE PA14:41. OF LAND
III:RRINAPTHR DESURIIti:D; TI11:NCH (:)NTINUi: S470n3'304: ALONI) SAID Itl(;Irr-q1+-1V1Y
LINK FOR 163.26 11I:I:T TO AN INTI•:1Si:(.rI0N WITII Till: 111:ST1:RLY 11101IT-OF-WAY LINE:
OF A 50.00 VERT WIDE ACCESS I:ASHMIRNT AS ItIA101101:1) IN Ol'FlOIAL RIN13I1,19; BOOK
385, PAGES 900-910 01' Till; PUBLIC 1t1:( I(OS OF 3L)NROI: MUNTY. FLORIDA, TII1:Nt;1;
S6001'50"11 ALONG SAID WESTERLY Rlc;lrr-nl'-WAY LINT FO1t 313.18 FEET; TiIENCF,
S70'27150"W FOR 791.00 FI:I:T; TIII:NCI: N46'1a'42"W FOii 334.66 1'IITT; 'rt1ENc:1S
1487008' 10"E FOR 485.00 FEET; T111:1tta: 45033'.36"1: FOR 340.04 FRET; THENCI:
N53621'109N FOR 207.18 PlIRT; TIII:N(:I: 547013'30"I: FOR 179.49 Fi:E'r; 'rouNCI:
N4204613011L' FOR 125.110 F1:E1' TO Tilt: Foarr or 11NOINNiN1.4
1,1:55 'm),uritom Till: 1'OI,3,OWIN(; DI:SrAIII11:) PARI;i:I, KNOWN AS Till: S.T.P. SiT[:
PREVIOUSLY tANVEYi:O BY CAtANTOR 1`0 S•1'Ot:l( ISLAND UTILITY CO3U'ANY, lit' OFRII
ItH(MlIDED IN OFPIC,IAi. ltl,(Mltl)S BOOR 806. 1/AI;U 2465 OF '1'lll: Plimmi RI:(:t1Ri)5 OF
N10NIi015 COUNTY, 1LORIDA1 Ii1:ING N101ti: PAlTICU1.ARLY DliSCI(IIll:ll AS FOLi.OMSs
A PARCEL Oil F1 L1.1:11 SUIIMERC.R0 IaNNII ON WITR:N ISLAND. UDNROI: t nuwrY,
l'LORIDA, BEING A PORTION OF THAT CERTAIN SLi1311:11C:i:D LAND DESc:Illim) iN
T.i.i.Y. DIED NO. 19637-A; SAiII PA1i(13. Iti:INU 11ORI: PAR'ricul.ARLY
DBSCitIBL'D 1tY AND BOUNDS" AS F0I,i0MS;
(:ONVENCE AT THE 1NTI:ItSI;C"r1UN OF Till: SOtTTIIEASTEitLY misirr-OF-WAY LINE OF
FOUItTIt AVI:NUIt AND Till: SOUTIIWI:S'TI:RLY HICHIT-OF-1tiAV LINE OF 1'IIONT STREET;
TIII:NCI: S47013'30"l: AL(1NG SAII) 501rri111F5'r1:itLY ItI(,IiT-OP-WAY 1,11411 FOR
1003.76 I'HHT TO Till! WI:ST1-mLY 1410IT-Oi'-WAY i.INi: OP A 50 FOOT WIDE ACCi:SS
I:ACEINRNT; THENCE. S6*01'50"W ALCINI; SAID UUN'I'Elmy itit;lrr-OI'-WAY I.mt Pon
313.78 FEET TO Till' PO 1 N1' OF Ill:t; i NN IN(1 01: Till' 111'.11Ii i NAIn'Eit I Jl•:Sc:1111111)
PARCEL OF LAND; TIIFNCI: S70927'40"IN FOR 240.30 FEET; T11ENCH N57015'03"W
TOIL 234.83 PVI:T; TIII:Nc:I: ND'16'30"1: 1'(11t .104.20 FILL."I' 'TO AN 1NTI nsrc:r10N
1V1'TIi A I.INI: 251.44 I'l:l•:r SOU'rilWAS•Ti:IthY Olt AS 311:ASURRIs AT RltOrr ANGLES
ANl) PAItAIJ,K1, TO SAiII SOUT11111:STERLY I1,161fr-OP-WAY OP 1:14ONT STItI:E'r; 'rIR:NCE
547013'30"L•' ALONG SAID PAitA1,1.l:l. I.iNE FOR 510.80 1'i: CT TO fill: POINT OF
BEGINNING. SAID PARCEL, CONTAINS 2.00 ACRES, NiURS Olt L1:SS.
SAID TRACT CONTAINS 5.25 AVAUsS, MORN Oil LESS AND SUIIJECT TO THE FOLLOWING
DESCRIBED L'AS1A11:NTS:
A NON-L'XCLUSIVE ACCESS L'ASi:III:NT, itAVINO A MINt31UNI WIDTH OF 25.00 FEET
AND BEING 51DRE PARTICULARLY DESCIiIlil:l) AS FOLLOWS:
CONINENCE AT T1111 INTERSHMON OF Tim sourilEASTRItLY RIG11'r-OF-WAY LINE Olt
FOUitTH AVENUE AND THE SOtTT)riV1:S'rERi.Y RIGHT-OF-WAY 1,iNr•. OF FRONT' S•rREET;
TitENCI: 547413'30"E ALONG SAID SOUTiINI:S'TI:RLY R10IT-OF-WAY LINE FOR
1003.76 FEi:r TO THE WESTERLY !HURT -OF -WAY LINE OF AN EXISTING 56 FOOT
WIDE ACCESS EASEMENT; 'Till -'.MCI: S6001650"W ALONG SAiD WKSTL'RLY RIGIIT-OF-
WAY LINE FOR 313.78 F1:ET TO TIIE 11,10ST EASTERLY 0DRNER OF TiIE S.T.P.
SITE, SA(D CORNER BEING 'TIIR POINT OF imoti NIN(; Ol' Till: IIEREtNAFTER
DESCRIBED NON-11XCLUSIVE Agt:ESS EAS1:,11ENT; TIt1:NCr•. N47'13130"1V ALONG THE
NORTIIEASTI:RLY BOUNDARY OF SAID S.T.P. SITE FOR 75,71 FErT; TIIENCi:
1,142946'30"1: FOR 25.00 i'ERT-, 'r11ENC1: N69*24' 10"1: FOR 24.01 FI:ET TO AN
INTERSECTION WiTH A LINE THAT 15 25.00 Plum 1 KSTERLY OP, AS Ml-:ASUlt1:D AT
RiGHT ANGLES AND PARAI.1.1:1. 'ro SAID WKSTERLY itictirr-OF-WAY LINE OF Till:
AI'OREML•'Nr10NEU SO FOOT WIDE Aa;FSS EAS1:l11ENTs Till -NCH NG001150"E ALONG
SAID PARALLEL LiNK FOR 255.73 FRET TO AN iN' susEc.T10N WI'rit SAID
souriAYl:STENtLY RiGIrr-OF-WAYi.INE 01 'rill: AFORNNII:NTIONED FRONT STREET;
TIIENCL' 547'13'30"1: ALONG SAID SOLTTiI es,rERI.Y 1ti irr-OF-WAY Lim: FOR 31.20
1rEXT TO AN INTNRSECTION NITII SAID H7:STIsR1.Y murr-OI'-11'AY LINE OF THE
AI'OItL'1II:tvrl(INED 50 FOOT' WIDE ACCESS i:ASI-.MLN'T, •I.1IENCE S6'01'50"W ALONG
SAID 11TS'rERLY RIGHT-OF-WAY LINE: FOiL 313.78 111:ET TO Till: POINT OF
BEGINNING.
AND
A DRAiNAGE 1:ASNIZINT BEING 15.00 Fgn,r 1,% WIDTH; '1111: SOUNII:RLY LINK
T111:REOF 111:1NG MORE PAlrrl(:UTA1tl.Y DI:SQIt1111:lJ AS FOLLOWS: IIt:OIN AT 'fill: I
d1OST SOU'ri11:RLY mime OF Tim' S.'T.P. Si'TI: AS SII0WV ANO iII:Sc;R11iE) III:R10*14; J
1'111SNCt: S70027'50"W ALONG Till: SOUTIIt11:STERLY PROI.ONiiATION OF TIII:
5OUT11EASTERLY 11OUNOARY LINE OF SAID S.T.F. SITH FOR 2.i0 FF-I:C 1101tl: OR
I.I:SS TO Till: RASTiumY SIIOItHI, I NI: OF Till'. I:XI ST I N4; iIA1111014 AND 111H. PU 1 ITT OF
TI-mm NATION 01: SAID SOU'1111:it1.Y L l N I:.
EXHIBIT 4. Deed Evidencing Ownership of Island Trust Property
51'5222 ""I.A C.C.
-i
Property
a
The provisions of a certain Trust Agreement dated March 10,
1989, and known as ISLAND TRUST relating to successor Trustee are
as follows%
All 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 Grantorts Eons be appc.:::;i:d or serve as a
Trustee hereunder.
i.MIVY KGir•tAQE
;.Irrs G,cult t wjrt
EXHIBIT 4 - Deed Evidencing Ownership of Island Trust Property
ISLAND TRUST AGREEMENT 03/10/1989
LEGAL DESCRIPTION
EXHIBIT 5 - Legal Description for Island Trust Property
585? y> IIRIT IJAIJ U" '
Lrr;al„ lucw•Rn'T1nc
A 'I'IIA(7 Ill' LAW TIN 8-119-K ISLAND IIIi1Nl; A PART Ili IIIJU-N 55 111' NV*Ixs`Al.ls'1 Pt.1T
OF ST119% IS1AM) AS 1IT01111131 IN 1/LAl- It11i11i 1 11' I'1ln„ 55 01• 111I:, 111"10.1+' 111: 111411.4
OF 31NNI101i 011.14TY, FISM111A AN[) ltlilNl: 11.:;() A 1'%Iti' UI' S111ala.rd;t1 LANIIS
11ESVIIII11ill IN T.I.I 1.*. 111£1111 N01111:1i 1943S-11. IIiAN't; 1111111: PANT1111.AIII-Y
II&SCI1II11Sl) ItY "a11,Tl:t+ Atilt ROUNI111" AS FIII.IdIl1Sl
t3 aw..NCINti AT Till; iNTEltSt-r-TiON Or 'till, wwr111iiSTIMI.V Itt+ttl-r-Or-ttiAY LINT; OF
FOUWnI AVir.NUli WITIi 'rill, SOVI'IIt1F,STIMLY 1110IT-OF-WAY NINE. Ol' I'MINT MIRITt
TI113NCE S47°13'30"E ALONG SAiD S111TriA1H5•rBRl.Y itin-RT-01r-11.A1' LINE Oil PRONT
STIUMT FOR 840.50 Itlil--T TO THE POIWr OF Illit+I4*011Nt; 01- TIM PAR00. OF LAND
111£Ri£iNAPTER l)JIM,11tifIR111 TIJVNt;R CONTINUi: S47003'30"Ii AI,ON+l $All) 1tltiilT-OP-11AY
I.INE FOR 163.26 FI,i6 TO AN 1NTRIMIR.'ION WITIl Till£ 11ESTERi.Y Jtit;irr-Or-WAY tatin
OF A S0.00 FI£li7' W1111t AtrIMS HASIMENT AS il-WI)IIDk0 IN OFFLOIAL 111£t111116 11OOK
395. PAt1N,S ono-910 OF TlIE PURI,it: iiiumIti1S OF 310NIU11i COUNTY, FIA)RIDAI TU1:Nt:R
S6°01'SO"1V ALONU SAM %VrSTPlt1,Y RICHIT-Or-11AV I.IN13 FOR 313.78 FI;I7i THENCE
S70027150"W FOR 791.00 FLIRT; TIWNCII N46'15142"Ii' PON 334.66 IrEI£T; TIIENt:,
N87 °08' I0 "1£ FOR 485.00 FERMI 71117MCK. N5 °33'86 •'It FOR 340.04 FIST 1 111GNCK
NS3'21'10"It FOR 207.18 FIVITt THIM011 S47°1313011F i'OR 170.60 FEET-. 1111MC11
1142'46'30"E FOR 125.00 PIWIT TO 1111i POINT Oil 1113MINNINII.
1.11SS MILItBt'ltom 1'111t POI.I,OWINtI UI,SCRIlIVII I'A1N)1i1. KNOWN AS MR! S.T.P. NITrs
PREVIOUSLY CIONVEYRI) BY GIUINTOII TO S1'OI:K 1SLANIi Vl'tl,ITY 003U'ANY, 11Y 0ER0
RNMR1190 IN OPPICIAL R111101t1IS BOOK A60, PAGE 2465 OF TIE: PUBLIC It1i1.:O11OS OF
3'IONROE COUNTY, FLOE 1 DA i JIF 1 Nfi 1 %I! PART i (;Ul-ARLY OV51:1111140 AS POLLARR a
A PARCEL Oil Ir l l.l.l£I) SU10NItR1;110 LAND OV STrx:K 1 S I.ANO, 3LINROR tx)UNTY.
FLORIDA, TIRING A PORTION OF TIIAT CERTAIN SU1t311111041) LAND 11ES(:H111t;1) IN
T.I.I.P. IWED NO- 19837-At SAID PARCEL I EIM; MORE PAirrIcuLARv
13USCILIDED IiY "111iII£S ANn HOUNDS" AS FOI#W)WS:
C.01'11'IENCII AT TIM 1NTHRSIX-CION Of? Till-' SOIT IMASTEIII.Y RIGHT-OF-WAY 1.INti OF
FOUIrrtl AVENUE AND Till-' SOU171MIS-t'RRLY RIt11IT-OF-WAY LIMP OP 1111ONT STREET;
TIR;NCE S47'13130"I£ 4(MG. SA10 SOtTPIM'F.S'ri:Ri.Y II1tAIT-OF-WAY i-INK FOR
10n3.76 Pit" TO Tlllt WESTURLY Itllilrr-Illy-NAV I.I1.Jh OF A So item WIOR ACCESS
i--MI-MRNT I ti'IIENt.Is 56'01 ' 50 "W ALONE". SA I I1 IMSTRAILY II I IIII'r-OI'-t1'AY LINK FOR
313.7& Flti£-T TO 11111 POINT Oil 111£0INNIN() 01: TISII )113R1 INAPTUR [)M% tltllll:0
PARCRi. Oi' LAND; THYNCB S70027160"W FOII 240.30 FEE. Tlll£Ntat NS7"lrr'03"iV
FOR 234.83 Fi£FTi TI1ir.Nt:K No'I6'30"1£ 1:011 304.20 FIS1,1' 1%) AN IWISRSK111TION
%1ITIl A LiNR 251.44 i'ER'r iltlUfIIWI-STI£RI,V per AS 3UTASURIM AT 111(Ri1' ANGLIIS
ANIi PARAi.LM, TO SA11) SOUrIRVESTKRI,Y Ititllrr-OF-11A1' Olr 1-110NT STREh`rl Till-,KV.
347°13'SO"B ALONG SAID PARAiLEL LiNE FOIL 510.00 FI:I,T TO 111E POINT Olt
BEGINNING. SAiD PAItCHI, CONTAINS 2.00 ACRF-9, tiIDRi; Oil LESS.
SAID TRACT CONTAINS 5.25 AC411113, 110ItE OR LESS AND SUIIJISCT TO THE FOLLOWiNG
OESCItit11;O wwL'mW*M:
A NON-11=11SIVE ACCIISS EASI'.a111NT, HAVING A MININIM 11JOTII OF 25.00 FEET
AND BEING TWORE PARTICULARLV OESCIIIHI£D AS FOLLOWS:
CON1NisNCI£ AT 'rJt13 INT14RS1£CriON OF Ttlit SOUrlirsASTERLY RICI IT-OF-17AY L}NE OF
FOUR71i AVENUE AND Tltil 801rr1lia. rl:R1,Y 1110tr-OF-Why LINE OF FRONT WMENTi
TIIENCI; S47413'30"L' ALONG SAID SOUTIIRZ'STRRLY R11-sirr-OF-WAY LINE FOR
1003.76 Frh-r TO WE W13STURLY AIGIIT-Ol'-WAY LINT: OF AN EXISTING 50 FOOT
WIDJ.:
ACCIMS
L lW ALONG
313.78 FEET TO TIM .MOSTEASTA
EASTERLY OFID
T11B S.T.P.S
WAYLIKEFORi
SITE, SAID CORNER BEING TOit POINT OF 0110I NN INO Oil THE HEREINAFTER
DESCRIBED NON-RXcI.VSiVE AWF.SS F.ASMIJINTI T1113NCR N47'13'30"W ALONG THE
NORTIR'sASTI:KLY BOUNDARY OF SAID S.T.P. SITE FOR 76.71 FERT; THENCO
2407 FF" TO AN
{K 7'I:It5ECr10N W11112A� J.OINRLTHAT 1S 25.0089*24PF.1"r,Wt3STGR/YI OF, - AS AIR-ASURED AT
JI1GI1T ANGLES AND PARAI.LEI, TO SAID b1SSTERLY Hicarr-OF-WAY LINE OF THE
A1rOlilll}t£NTIONL'I) 50 FOOT {t'llli; Atx;iiSS EAS13.11ENT; 'ri1KiNICK N6°01'S0"E ALONG
SOUrIJWi 5SAID 1TERI.IL LINII FOR Y 111t 1fr-OF--WAY S5.73 PIIET TO AN LINE Olt rill' AFOR101PHTIONIC:1'iONONT STREM
THENCE S47013130"P ALONG SAiD SOVrIIWF.STP.RI.Y RICAIT.OP-WAY LINK ROIL 31.20
I -RUT TO AN 1NTKRSECTiON W1T11 SAID m!z*rsiti.Y RIt)Irr-OP-11'AY LINE Ott THE
ALONG
SAID AVOIAUAWNTIONgO
RIGiIT-OF Iµ nZ Y LINH FOSS R 5313 7! C}an, T06 TIIE POINT OF
BP.OINNING.
AND
A 'ORAINAGM FASI:HENT III£ING 15.00 F1£Isr IN Wlorrilt Tllli 6OU1111JIlLY LINK
Till-MEOF IMING 110R1S PA1'41t-.UTAltl,Y t)ti:it:lillirl) AS FOLIXA131 Iit(11IN AT TSIIS
HOST SOVrIlIiRLY CORNER OF MR? $.'r.P. S1TI, AS SIIOIIN ANT) 011SCIL111VI) 111i11i•:OVt
TISI,NCK S70627.50"W ALONt1 TI11£ SOU'I'illlliSTl3Rl.Y PROid1NWITiON 01" 1't113
SOU'i'1SItASTURLY UOUNOARYTTI,IN1£ Oil 5+111) S.-r.P. S1TI1 i'01t 23O PEFT 11DIll£ OR
I.l(S3 ATT Till,
ON SAIq SU1rri10 111 1.. oil T10: ttCIST1Nt; IIANi3O1t ANO TIIR POINT OP
EXH1131T 5 - Legal Description for island Truest Property
This instrument prepared by:
JOHN R. ALLISON, III, ESQ.
The Allison Finn, 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 4:04PN
Filed 8 Recorded In Official Records of
MONROE COUNTY ANY NEAVILIN
08/22/2014 4:04PM
DEED DOC STAMP CL: Krys $16,800.00
Doeq 2995241
BkN 2700 PqN 33
WARRANTY DEED
THIS WARRANTY DEED is made thisD S day of August, 2014 between JOSEPH R.
RACKMAN and JEFFREY W. BOLOTIN, as Trustees of the Island Trust Agreement, dated March
10, 1989 (hereinafter referred to as "Grantor"), for and in consideration of the sum of Ten and
No/100 Dollars ($10.00) and other good and valuable consideration to it in hand paid by SAFE
HARBOR SEAFOOD, LLC, a Florida limited liability company (hereinafter referred to as
"Grantee"), whose mailing address is 1025 18'h Terrace, Key West, FL 33040, the receipt and
sufficiency of which consideration are hereby acknowledged, and upon and subject to the exceptions,
liens, encumbrances, terms and provisions hereinafter set forth and described, has GRANTED,
BARGAINED, SOLD and CONVEYED, and by these presents does hereby GRANT, BARGAIN,
SELL and CONVEY, unto Grantee all of the real property situated in Monroe County, Florida,
described on Exhibit A attached hereto and made apart hereof for all purposes, together with all and
singular the rights, benefits, privileges, easements, tenements, hereditaments and appurtenances
thereon or in anywise appertaining thereto, and together with all improvements located thereon and
any right, title and interest of Grantor in and to adjacent streets, alleys and rights -of -way (said land,
rights, benefits, privileges, easements, tenements, hereditaments, appurtenances, improvements and
interests being hereinafter referred to as the "Property").
This conveyance is made subject and subordinate to those encumbrances and exceptions set
forth on Exhibit B attached hereto and made a part hereof for all purposes and all other matters of
record affecting the Property (collectively, the "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.
TO HAVE AND TO HOLD the Property, subject to the Permitted Exceptions, as aforesaid,
unto Grantee, its successors and assigns, forever; and Grantor does covenant with Grantee that,
Doen 1995241
Bkq 2700 P94 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 2-1, 2014.
GRANTOR:
Witnesses:
QM'itl/R,
JOSE 4 R. RACKMAN, individually and as Co -Trustee of
the Island Trust Agreement, dated March 10, 1989
THE STATE OF NEW YORK §
COUNTY OF NEW YORK §
This instrument was acknowledged before me on August K_ 2014, by JOSEPH R.
RACKMAN, individually and as Co -Trustee of the Island "Trust Agreement, dated March 10, 1989.
Ile is personally known to me or produced as
identification.
�. Z`e'L.
Aotaryyublic, State otNNew York
My Commission Expires: 0 L24:)
N DELORIS SIB
Pr MWyft
Commeslond In Now York tom,
SOW Nov 30, 20 4
Witnesses:
IKW4 k14) Retoc roll
DocU 1995241
BkU 2700 Pgp 35
J 1
EF BOLOTIN, ind vi ually and as Co -Trustee
o the Island Trust Agreement, dated March 10, 1989
COLOMBIA § S'T,,V %-E QF 111qf%-1A0 D
�Io,UT(o��ieY c�u�viy�
This instrument was acknowledged before me on August '1 , 2014, by JEFFREY W.
BOLOTIN, individually and as Co -Trustee of the Island 'rust Agreement, dated March 10, 1989.
He is personally known to me or produced 17 a as
identification.
Notary Public MY COMMISSION EXPIRES
My Commission Expires:
DECEMBER 16, 2017
Doca 1995241
Bkp 2700 PSN 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 1 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 83°56' 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 42' 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 42° 55' l 4" 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 70' 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 20° 39' 27" E for a distance of 79.12 feet back to
the POINT OF BEGINNING.
EXHIBIT B TO WARRANTY DEED
Permitted Exceptions
Doep 1995241
Bka 2700 P9a 37
1. General or special taxes and assessments required to be paid in the year(s) 2014 and subsequent
years.
b. Any encroachment, encumbrance, violation, variation, or adverse circumstance that would be
disclosed by an inspection or an accurate and complete land survey of the Land and inspection of the
Land.
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.
L�
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 131,
Public Records of Monroe County, Florida.
00
18. Covenants, Restrictions and Reservations set forth in those certain Deeds to be recorded 900
simultaneously herewith in favor of Grantee.
19. Grant of Easement (Ingress and Egress and Non -Exclusive Navigational Easement) to be Is
recorded simultaneously herewith in favor of Grantee.
a
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o�
Doe# 1995241
Bk# 2700 P## 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 stern docking and all vessels are
located totally within the Submerged Land Area described in the Quit Claim Deed recorded
simultaneously herewith and do not extend into the adjacent submerged land area), manufacture,
assembly, repair, maintenance or storage of traps, nets and other fishing equipment, a fish house
(after June 1, 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-1 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.
Doen 1995241
Bk# 2700 Pg# 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.
Grantor further reserves for itself a navigational easement ("Navigation Easement") over that
certain triangular submerged land described in Exhibit D attached hereto.
Grantee shall have for itself and assigns all rights and benefits to the navigational easement area
("Navigational Easement Area") described immediately above, not inconsistent with this reservation
of Navigational Easement by Grantor for itself and their, agents, employees, guests, licensees and
invitees The easement for the Navigational Easement Area is to provide a reasonably direct and
unobstructed navigational ingress to and egress over and across the Navigational Easement Area to
adjacent waters and the nearest public waterway/channel.
Neither Grantee nor Grantor shall place or construct any obstruction, permanent or temporary in
nature, in, on, over, under or across the Navigational Easement Area, or make any additions, repairs
or improvements to the Navigational Easement Area, including, without limitation, pilings, anchors,
mooring apparatus, or other docking structures or systems.
Grantor, Grantee and any operator of a vessel within the Navigational Easement Area shall, at all
times, comply with all navigational laws of the United States and the State of Florida and all
reasonable signs posted by Grantor, provided such signs are not inconsistent with the terms of this
Easement.
Grantee, for its successors, legal representatives and assigns, agrees to maintain the Navigational
i
Doe# 1993241
Bk# 2700 Pg# 41
Easement Area free from unreasonable obstruction or other adverse impediments to navigation over
the Navigational Easement Area.
This navigational easement and the privileges granted herein shall be binding upon and inure to the
benefit of all parties as set forth herein, and the same shall be deemed to be perpetual covenants
running with the Iand.
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.
0
EDocN 1995241
XHIBIT C-1
Bkp 2700 PSM 42
RELATED PARCELS
Real Estate Number 00123770-000000
Real Estate Number 00127250-000000
Real Estate Number 00127280-000000
Real Estate Number 00127290-000000
Real Estate Number 00127380-000000
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Doe# 1995241
Sk# 2700 Pg# 44
EXHIBIT D
Grantor's Non -Exclusive Navigational Easement
On the Island of Stock Island, Monroe County, Florida, more fully described
below:
A portion of the of the "ISLAND TRUST PARCEL", A TRACT OF 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 830 56' 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
470 04' 46" E for a distance of 249.61 feet:
thence bear N 420 55' 14" E for a distance of 175.00 feet to the southwesterly
right-of-way line of Front street;
thence bear S 47° 04' 46" E for a distance of 431.25 feet;
thence bear S 55' 38' 41" W for a distance of 165.85 feet;
thence bear S 20° 39' 27" W for a distance of 16.96 feet;
thence bear S 53* 21' 10" W for a distance of 193.62 feet;
thence bear S 05° 33' 56" W for a distance 286.94 feet;
thence bear S 87' 08' 10" W for a distance of 422.45 feet;
thence bear S 000 58' 56" W for a distance of 30.07 feet to the POINT OF
BEGINNING;
thence bear S 87° 08' 10" W for a distance of 34.65
thence bear S 46° 15' 42" E for a distance of 47.09
thence bear N 001 58' 56" E for a distance of 34.29
BEGINNING;
M
MONROE COUNTY
OFFICIAL RECORDS
feet;
feet;
feet back to the POINT OF
'a of roivn
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The Monroe County Future Land Use Map is amended
as indicated above.
Proposat 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, Bocated on south Stock Island; from Industrial () to Wxed Use/Commercial (MC).
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Front St / Stock Island
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Property Search -- Monroe County Property Appraiser
Property Record Card -
Maps are now launching the new map application version.
Alternate Key. 8630166 Parcel 1D: 00123600-000100
Ownership Details
Mailing Address:
ISLAND TRUST AGREEMENT 3I10I1989
P O BOX 2455
KEY WEST, FL 33040
Property Details
Page 1 of 5
Key West (305) 292-3420
Marathon (305) 289-2550
Plentatlon Key (305) 852-7130
Website tested on IEll, IE9, & Flrefox.
Requires Adobe Flash 10.3 or higher
PC Cods: 44 - PACKING PLANTSISEAFOODIFRUIT
MU1890 Group: 110A
Affordable Housings No
BeationT011n35-87-25
Property Loatlon: 8500 FRONT ST SOUTH STOCK ISLAND
Legal Description: 35$7-25 PT BK 55 MCDONALOS PLAT POI-55 AND FILLED ADJ BAY 807TOM (k10AC) 9 AOJ BAY BTM 11 19AC) STOCK ISLAND OR651.1761Illa?
ORSW2436I2430W OR109B4091195(CAW)
Click Map Image to open interactive viewer
Land Details
Land Use Code
Frontage
Depth
Land Area
1DDW • COMMERCIAL WATERFRON
0
0
64,900.00 SF
1000 • COMMERCIAL DRY
0
0
99,BB900 SF
OODX • ENVIRONMENTALLY SENS
0
0
1.61 AC
Building Summary
Number of Buildings: 3
Number of Commercial Buildings: 2
Total LJving Area: 1186
Year Built: INS
Building 1 Details
EWIdIngTypo Condition Quality Grade 100
Effective Ago 58 Perimeter B5 Depreciation % d0
Year Built 1999 Special Arch 0 onto Rest Area 320
Funefforrel Obs 0 Economic Obs 0
http://www.mepail.org/PropSearch.aspx 8/20/2014
Property Search -- Monroe County Property Appraiser
Inclusions:
RcofTV" Roof Cover Foundation
Real Heat a Bedroom 0
Heat are 1 Hut are 2
Ease Futum:
2 Rx Batt
0
Vacuum 0
3 FIR Bath
0
Berbapo Cispusl 0
4Ff :4%
0
Compactor 0
6 Fl: 11ih
0
Security 0
6 Rs Both
0
Intercom 0
7 Fla Bath
0
Fireplaces 0
Extra Ra
20
Dtehs asher 0
40 FT.
FLA p
8 F7320.98 8 FT.
15 Fr. 10 FT. 15 FT.
4 5LIFl 4 Fr.
sections:
Nbr Nil Eat Wall B Slorios Year BWit Attie AIC One. is. % Rnhhed Basement % Arse
1 FLA 1 1999 320
2 OUF 1 1999 40
Interior Finish:
9aeflonNbr hftdccFlnlshNbr Type Area% 8 rinklor AfC
15037 OFF BLDG1 STY•D 100 N N
Extarior Wall;
Imenor Flnlsh Nbr T Area %
5182 METAL SIDING Ica
Building 2 Details
BulldingTypo
ComlluonE
DudtyGrade 25D
Effective Aga 12
Perimeter 11e
Deproolallon % 15
Year Bulb 1909
Special Arch 0
Ornd Floor Area 810
Functional ON 0
Economic Ohs 0
Incluslone:
Roof Typo
Roof Cover
Foundation
Hut 1
Hall 2
Bedrooms 0
Heat arc 1
Heat arc 2
Extra Features:
2 Fix Bath 0
Vacuum 0
2 Fix Bath 0
Garbage Disposal 0
4 Fix Bath 0
Compactor 0
B Fla Bath 0
Security 0
B Ra Beth 0
Intercom 0
7 Fix Bath 0
Fireplaces 0
Extra Fla 4
Dishwasher 0
Page 2 of 5
hitp://www.mcpafl.org/PropSearch.aspx 8/20/2014
Property Search -- Monroe County Property Appraiser
s1Fl 0.11s
ISFT
°6 FT
Sections:
J 7 FT.
,22FT
11 FTC J
Cb
2LP !
l
22Fr j 22FT
11 FT
Nbr Type Eat Wall 0Storlaa Year Built Attie A1C Basement% Finished Ooss teat% Area
i FLA 1 1909 sic
2 CT 1 1989 242
Interior Finish:
section Nbr Irttoricr Finish Nbr Type Area % Spdnkor AIC
15030 PACKING PLANTS 100 N N
Erdarior WWI:
InworFinish Nbr T Area %
5163 CONC BLOCK 100
Building 3 Details
Building Type RI
Condition A
Quality Grade 350
Ethadvo Ape 40
perimeter 80
Depreciation % 39
Year Built INS
Special Arch 0
Grad Flow Area256
Funclbmal Obs 0
Economic Obs 0
Inclusion RI includes 1 lfadure bath and 1 kitchen
Roof Type GABLEINIP
Root Cover METAL
Foundation CONC PILINGS
Heat 1 NONE
HUI2 NONE
Bedroeme 0
Heat Oro 1 NONE
Most Src 2 NONE
Extra Features:
2 Fix Both
0
Vacuum 0
Fla Beth
-1
Garbage Disposal 0
4 Fix Bath
0
Compactor 0
a FIx Bath
0
security 0
a FIx Bash
0
Irdoreom 0
7 FIX Bath
0
Fireplaces 0
Extra Fix
•3
Dishwasher 0
Page 3 of 5
http://www.mepafl.org/PropSeareb.aspx 8/20/2014
Property Search -- Monroe County Property Appraiser
8 FT. B FT.
EFD' RAJ
26AD 268
20 FT.
32 FT. + 32 FT. 132 FT.
6 FT.
1
B
5 FT.
8 FT.
a FT. 8 FT.
Sections:
NM Type Est Wall 09todes Year Built Aldo AID Basement% Finished Beesmemli Am
1 atA aMETALIALUM i logo N N 0,00 000 256
2 OPU 1 Igoe N N moo 0.00 30
3 EFD 1 1296 N N 0100 0110 250
Misc Improvement Details
Page 4 of 5
Not
TWo
0 Units
Length
Wldth
Year Built
Rag Year
orads
LHe
1
DK3:CONCRETEDOCK
1,6708F
107
10
1979
1080
1
80
2
DK4:WDOD DOCKS
5.160 SF
515
10
1979
1980
3
40
3
SVaSEAWALL
1,00SF
530
3
1979
Igoe
1
60
4
DK3.CONCRETEDOCK
120SF
15
8
1079
1980
1
BO
5
DK4 WOOD DOCKS
02SF
23
4
1079
Igoe
1
40
8
DK4.WOODDOCKS
1,032SF
130
12
1079
logo
1
40
7
DK4 W000 DOCKS
225SF
15
15
1095
1995
3
40
8
DKII WOOD DOCKS
420 SF
35
12
1979
1060
1
40
9
DK4WOOD DOCKS
378SF
47
8
1970
logo
1
40
10
WD2 WOOD DECK
140 SF
14
10
1995
lose
1
40
Appraiser Notes
2000-0612ADDED THE TWO BUILDINGS FOR THE Y2K TAX ROLL.AND DELETED THE OLD MISCELLANEOUS AND ADDED HE NEW MISC, DUG 2001-04-03 CHANGED HE OG
FOR BLDG 1 OF 2 FROM 60 TO 100 FOR THE 2001 TAX ROLL, DUG 412srM ADDED SLOG 9 3. WAS PUT ON THE WRONG PARCEL D M.J.
SPLIT OUT 1927AC FROM ODI27 W400WO PER OR2171-388I18601C OR2171.368191
MOVED LARGE COMMERCIAL CANOPY TO AKN04783: REMAINER OF CARD APPEARS CORRECT AT TH S TIME, D FFICULT AREA TO INVENTORY
Building Permits
Bldg
Numbar
Dale Issued
Dab Completed
Amount
Description
Notes
10100744
030MOID
/,000
Commstdel
REMOVE ILLEGAL WIRING
MO91D
IVD1/1982
11/01/1982
200.000
Commarclaa
SEWAGE PLANT
91.3584
11/01/1991
11101/1092
771
Commas
FENCE CCHAINLINK
634739
06101/1093
12001/1003
2„000
Comrandal
FENCE
4
010755
0412911009
01101r2000
SOD
Commordsl
BLDG MISCELLANEOUS
5
OW737
0712111999
01101120M
2,000
Commercial
CONSTROCTION154LES TR
6
00400
QW151*000
1213012005
300
Cemmsrdel
LAND CLEAR
Parcel Value History
Certified Roll Values
View Taxes for this Parcel.
httpJ/www.mcpafl.org/PropSearch.aspx 8/20/20 ] 4
Property Search -- Monroe County Properly Appraiser
Page 5 of 5
Roll Year Total ald0 Value Total Mleo InWavemodValuo Total Land Value Tolal.luet Idednl Value Total Aaaaaeod Value Sch"LverriptValuo
School Taxable Value
2014
78,265
72,143
2.420.329
723.514
723.514
0
?3,514
2013
79,308
73,299
1.960,371
723,514
723,514
0
723.514
2012
79,308
74.3111
1.959,371
723,514
723,514
0
723.514
I011
70,946
75,033
1,959.371
723.514
723.514
O
723.614
2010
41,336
78,124
3,414.255
1,033,592
1.033.692
0
1,0U592
2009
82,459
77,270
5,406.161
1.033.592
1,033,592
0
1.033.592
2405
62,450
77869
2,288.161
1,033,592
1.033.592
0
1,033,502
2007
Soso?
72,893
3.162,161
1,033,60
1.033.02
0
1,033.522
2000
a%507
66,903
393,366
51IL708
51e,n90
0
518.798
2006
67,284
1110 540
475,738
723.560
723,660
0
723,560
2004
84,247
75,908
328,061
530,216
538,216
0
S3e,210
2003
40,958
80,133
396,061
52B150
526,150
0
526,150
2002
49,956
62,900
293,676
429,532
426,532
0
428,532
am
49,956
87,121
288.020
405,897
405,097
0
405.007
20M
45,811
54,276
266,820
389,909
368,909
0
368,909
fees
0
10,421
2522M
271.600
271,690
0
271.650
I=
0
16,372
252.259
258,631
258,631
0
268631
In?
0
16.848
262,269
288,007
266.007
0
269,907
fees
0
16,090
252,259
269,158
269,168
0
289.156
lees
0
17,142
262.259
280,406
259.408
0
MAN
logo
0
17,425
252.262
260,604
260.654
0
2E9,564
legs
0
17,094
290,053
307,137
307.137
0
307137
1992
0
15.285
290,053
303.339
306,336
0
3055,338
1991
0
15,450
280,053
306,611
306,611
0
305,611
fells
0
15,632
290,053
305.865
305.685
0
305,086
logs
0
15,006
290,053
305,B59
305,850
0
305.850
11911111
0
151979
290.053
306,o32
3WO32
0
3011,1132
1987
0
18,153
403,144
410207
419,287
0
410,207
lase
0
16,327
403,144
4`19,471
419.471
0
419,471
less
0
16,501
403.144
419.045
419,045
0
419,645
1N4
0
16,674
403,144
419,91111
419,010
0
410810
19113
0
10.912
403.144
420,058
420„O56
0
420055
lost
0
17,097
272,759
209,846
289,848
0
269,646
Parcel Sales History
NOTE: Sales do not generally show up in our computer system until about two to three montlls after the date or 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.
Them am no sales to dWft far IMs Wol 77771
This page has been visited 380,113 limes.
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 8/20/2014
OP,wr -Skl
Safe Harbor Seafood LLC RE: 00123600-000100
Front St/ Stock Island
Inspector N Dowling 08/30/2014
Safe Harbor Seafood LLC RE: 00123600-000100
Front St / Stock Island
Inspector N Dowling 08/30/2014
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Property Search -- Monroe County Property Appraiser
_ . Scott P. Russell, CPA
Property Appraiser Key West (305) 292-3420
p Marathon (305) 289-2550
Monroe County, Florida Plantation Key (305) 852-
7130
I
Property Record Card - Website tested on IE8,
Maps are now launching the new map applicatiorkj�q a kelrefoxFlash
10,3 or higher
Alternate Key: 8630166 Parcel ID: 00123600-000100
Page 1 of 6
Ownership Details
Mailing Address:
SAFE HARBOR SEAFOOD LLC
102518TH TER
M KEY WEST, FL 33040-4250
Property Details
PC Code: 44 - PACKING PLANTSISEAFOOD/FRUIT
Millage Group: 110A
Affordable No
Housing:
Section- 35.67-25
Township -Range:
Property1
Location: 6460 FRONT ST SOUTH STOCK ISLAND
Legal 35-67-25 PT BK 55 MCDONALDS PLAT PBl-55 AND FILLED ADJ BAY BOTTOM (2.31 AC) & ADJ BAY BTM "
Description: (1,43 AC) STOCK ISLAND OR851-176111762 OR866-2436/24380/C OR1088-2091/2095 OR2700.33144
OR2700-55/590/C
i I
17
http-//www.mcpafl.org/PropSearch.aspx 1 /12/2015
Property Search — Monroe County Property Appraiser
Click Map Image to open interactive viewer
Land Details
i
Page 2 of 6
Land Use Code
Frontage
Depth
Land Area
100W - COMMERCIAL WATERFRON
0
0
64,,904 00 SF
100D - COMMERCIAL DRY
0
0
35.596 00 SF
000X - ENVIRONMENTALLY SENS
0
0
1 43 AC
x
http://www.mcpafl.org/PropSearch.aspx 1 / 1212015
Property Search -- Monroe County Property Appraiser
Building Summary
Number of Buildings: 1
P Number of Commercial Buildings: 1
I Total Living Area: 610
" Year Built: 1999
Building 2 Details
Building Type Condition A
Effective Age 13 Perimeter 116
Year Built 1099 Special Arch 0
Functional Obs 0 Economic Obs 0
Inclusions:
Roof Type Roof Cover
i
Neat 1 Heat 2
Heat Src 1 Heat Src 2
1 Extra Features:
2 Fix Bath 0
j 3 Fix Bath 0
I 4 Fix Bath 0
5 Fix Bath 0
6 Fix Bath 0
7 Fix Bath 0
Extra Fix 4
f
j
x
10 FT.
7 FT.
d 26 FT.
FLA
010-116 22 FT.
16 FT.
26 FT. 1 I FT_
CLP
242.66
22 FT, 22 FT.
11 FT
Sections:
Quality (trade 250
Depreciation % 15
Grnd Floor Area 610
Foundation
Bedrooms 0
Vacuum 0
Garbage Disposal 0
Compactor 0
Security 0
Intercom 0
Fireplaces 0
Dishwasher 0
Nbr Type Ext Wall
# Stories
Year Built Attic A/C Basement %
Finished Basement % Area
1 FLA
1
1999
610
2 CLP
1
1999
242
Page 3 of 6
http://www.mcpafl.org/PropSeamh.aspx 1 /12/2015
Property Search -- Monroe County Property Appraiser
Interior Finish:
11
Section Nbr Interior Finish Nbr Type Area % Sprinkler A/C
15038 PACKING PLANTS 100 N N
G Exterlor Wall:
Interior Finish Nbr Type Area
5183 CONC BLOCK 100
I
r
Misc Improvement Details
Page 4 of 6
P
Nbr
Type
# Units
Length
Width
Year Built
Roll Year
Grade
Life
1
DK3:CONCRETE DOCK
1,670 SF
167
10
1979
198D
1
80
2
DK4:WOOD DOCKS
5,150 SF
515
10
1979
198D
3
40
3
SW2 SEAWALL
1,590 SF
530
3
1979
1980
1
60
4
DK3:CONCRETE DOCK
120 SF
15
8
1979
1980
1
60
5
DK4:WOOD DOCKS
92 SF
23
4
1979
1980
1
40
6
0K4:WOOD DOCKS
1,632 SF
136
12
1979
1980
1
40
7
DK4:WOOD DOCKS
225 SF
15
15
1995
1996
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:WOOD DECK
140 SF
14
10
1995
1996
1
40
I Appraiser Notes
2000-06-12 ADDED THE TWO BUILDINGS FOR THE Y2K TAX ROLL.AND 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 # 3, WAS PUT ON THE WRONG PARCEL D.M.J.
SPLIT OUT 1.927AC FROM 00127280-000000 PER OR2171-386//880/C OR2171-389191
MOVED LARGE COMMERCIAL CANOPY TO AK9084783; REMAINER OF CARD APPEARS CORRECT AT THIS TIME,
p DIFFICULT AREA TO INVENTORY.
PER QUIT CLAIM DEED RECORDED IN OR2700-65/59 IN AUGUST 2014 A SMALL PARCEL OF BAY BOTTOM (.44 AC) WAS
TRANSFERRED FROM RE 00123770-000000 AK 1157911 TO THIS PARCEL. THERE WAS NO SALES PRICE LISTED ON
QUIT CLAIM DEED, DONE FOR THE 2015 TAX ROLL.
i
Building Permits
Bldg
Number
Date issued
Date Completed
Amount
Description
Notes
10100744
03/04/2010
1,000
Commerclal
REMOVE ILLEGAL WIRING
A-9910
11/01/1982
11/01/1982
200.000
Commercial
SEWAGE PLANT
91-3584
11/01/1991
11/01/1992
771
Commercial
FENCE CCHAINLINK
93-5739
06/01/1993
12/01/1993
2,000
Commercial
FENCE
4
970766
04/2811999
01101/20DO
900
Commercial
BLDG MISCELLANEOUS
5
990737
07/21/1999
01/01/2000
2,000
Commercial
CONSTROCTION/SALES TR
6
0010490
02/16/2000
12/30/2005
300
Commercial
LAND CLEAR
http://www.mr,pafl.org/PropSearch.aspx 1 /12/2015
Property Search -- Monroe County Property Appraiser
Parcel Value History
Certified Roll Values.
View Taxes for this Parcel.
I
Page 5 of 6
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
78,265
72,143
2,420,329
723,514
723.514
0
723,514
2013
79,386
73,289
1,959,371
723,514
723.514
0
723.514
2012
79,386
74,381
1,959.371
723,514
723,614
0
723,514
2011
79„946
75,033
1,959.371
723.514
723,514
0
723,514
2010
81,336
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
82,459
77,869
2,268,161
1,033.592
1,033,592
0
1,033,592
2007
66,607
72,893
3,162.161
1.033,592
1.033,592
0
1„033,592
2006
66,507
56,903
393.386
518,796
516,796
0
518.796
2005
67,284
180,540
475,736
723,560
723,560
0
723,560
2004
64.247
75,908
398,061
538,216
538,216
0
538,216
2003
49,956
80.133
398.061
528.150
528,150
0
528.150
2002
49,956
82,900
293,676
426,532
426,532
0
426,532
2001
49,966
87,121
268,820
406.897
405.897
0
405,897
2000
45,811
54,278
268,820
388.909
366,909
0
368.909
1999
0
19,421
252.259
271,680
271,680
0
271,680
1998
0
16,372
252,259
268,631
268,631
0
266.631
1997
0
16,648
252,259
268,907
288,907
0
268,907
1990
0
16,899
252.259
269,158
269,158
0
269,158
1995
0
17,149
252,259
269,408
269,408
0
269,408
1994
0
17,425
252,259
289,684
269,684
0
269,684
1993
0
17,084
290,053
307,137
307,137
0
307,137
1992
0
15,285
290,053
305.338
305,338
0
305,338
1991
0
15,458
290,053
305,511
305,511
0
305,511
1990
0
15,632
290,053
305,685
305,685
0
305,685
1989
0
15,806
290.053
305,869
305,859
0
305,859
1988
0
15,979
290,053
306.032
308,032
0
306.032
1987
0
16,153
403,144
419.297
419,297
0
419,297
1986
0
16.327
403,144
419,471
419,471
0
419,471
1986
0
16.501
403.144
419,645
419.645
0
419,645
1984
0
16,674
403,144
419,818
419,818
0
419.818
1963
0
16.912
403,144
420,056
420,056
0
420,056
1982
0
17.087
272,769
289,846
289.846
0
289.846
Parcel Sales History
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Property Search -- Monroe County Property Appraiser
Page 6 of 6
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
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