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Item M5 Revised Agenda Item M5 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: January 21, 2015 Division: Growth Management Bulk Item: Yes No X Staff Contact Person/Phone#: Christine Hurley 289-2517 Joseph Haberman 305-509-2477 AGENDA ITEM WORDING: A public hearing to adopt a resolution approving a Development Agreement, pursuant to Chapter 163.3220 F.S., between Monroe County, Florida; Roger Bernstein, as Trustee of the Benjamin Bernstein Trust B; and Safe Harbor Seafood (as successor in interest to Joseph R. Rackman and Jeffrey W. Bolotin, as Trustees of the Island Trust Agreement dated March 10, 1989) agreeing to a conceptual plan to redevelop property located at 5700 Fourth Avenue, 5550 Fifth Avenue and 6500 Front Street on Stock Island. (Statutorily Required Public Hearing) ITEM BACKGROUND: The requested agreement relates to the redevelopment of the property to include marina uses, heavy and light industrial uses (including boat building repair and storage), commercial fishing uses, (including the manufacture, assembly, repair, maintenance and storage of traps, nets and other fishing equipment), hotel uses, commercial retail uses (including a restaurant with up to 150 seats and a market), and accessory uses. The residential density, under maximum net density, would not exceed 122 transient residential units (in the form of hotel rooms). Not including accessory structures related to the transient residential uses, the nonresidential floor area would not exceed 40,000 square feet. At least 35% of the upland area of the properties shall be reserved for working waterfront and water dependent uses. At least 20% of the dockage shall be reserved for commercial fishing vessels. New residential or nonresidential buildings shall not exceed 35 feet in height. Public access will be allowed from 7:00 am until dusk. Additional requirements added to development agreement to ensure public health, safety and welfare are protected and to establish specific timeframes to ensure the Properties are brought into compliance with County Codes; including: 6 month timeframe for the removal and clean-up of all excess trash and debris; I year timeframe for either demolition permits or building permits, as necessary, for elimination of all unsafe and/or unpermitted structures; and 5 year timefrarne 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 (1) to Mixed Use/Commercial (MC). The approval is memorialized by Ordinance#045-2013, approved by the BOCC at a public hearing on December 11,2013. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATIONS: Staff recommends approval. TOTAL COST: INDIRECT COST: BUDGETED: Yes No— DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No 4 AMOUNT PER MONTH Year APROVEDBY: County Atty 15 OMB/Purchasing— Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM# MEMORANDUM MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT To: Monroe County Board of County Commissioners Through: Christine Hurley, AICP, Director of Growth Management Townsley Schwab, 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: January 21, 2015 1 I REQUEST: 2 3 The requested agreement relates to the redevelopment of an existing property to include 4 marina uses, heavy and light industrial uses (including boat building repair and storage), 5 commercial fishing uses (including the manufacture, assembly, repair, maintenance and 6 storage of traps, nets and other fishing equipment), hotel uses, commercial retail uses 7 (including a restaurant with up to 150 seats and a market), and accessory uses. The 8 residential density, under maximum net density, would not exceed 122 transient residential 9 units (in the form of hotel rooms). Not including accessory structures related to the transient 10 residential uses, the nonresidential floor area would not exceed 14,000 square feet. At least 11 35 percent of the upland area of the properties shall be reserved for working waterfront and 12 water dependent uses. At least 20 percent of the dockage shall be reserved for commercial 13 fishing vessels. New residential or nonresidential buildings shall not exceed 35 feet in height. 14 Public access will be allowed from 7:00 am until dusk. 15 19 Location: 18 Address: 5700 Fourth Avenue, 5550 Fifth Avenue and 6500 Front Street, Stock 20 Island, approximate mile marker 5 (Atlantic Ocean side of US 1) 3Z Legal Description: 23 5700 Fourth Avenue and 5550 Fifth Avenue: A portion of Block 55, all of Block 56, 24 and a portion (Lot 13) of Block 57, the vacated portion of Fifth Avenue per 25 Resolution #28-1966, Maloney subdivision (also known as McDonald's Plat), Plat 229 Book 1, Page 55, and adjacent bay bottom Page 1 of 7 1 6500 Front Street: A portion of Block 55, Maloney subdivision (also known as 3 McDonald's Plat), Plat Book 1, Page 55, and adjacent bay bottom S Real Estate (RE)Numbers: 6 5700 Fourth Avenue and 5550 Fifth Avenue: 00123770.000000, 00127250.000000, 9 00127280.000000, 00127290.000000 and 00 1273 80.000000 9 6500 Front Street: 00123600.000100 10 11 ai / 12 13 ' i 1415 16 1718 19 20 - f� j1�u� ii rM � �11 21 22 ,y5 23 24 25 26 u') 27 e 28 29 30 31 32 f l 33 Subject Property with Land Use Districts Overlaid(Aerial dated 2012) 34 �g Applicant: 377 Agent: Barton W. Smith, Esq., Smith Oropeza, P.L. 38 39 Owners: Roger Bernstein, as Trustee of the Benjamin Bernstein Trust B; and Joseph R. 40 Rackman and Jeffrey W. Bolotin, as Trustees of the Island Trust Agreement 41 42 II RELEVANT PRIOR COUNTY ACTIONS: 43 44 Location #1: 5700 Fourth Avenue and 5550 Fifth Avenue 45 46 In 1970, the Building Department issued Building Permit 420564 for a `fish house' building 47 (44' x 30') [Lot 13]. Based on its details, this structure is not depicted on the 2012 boundary 48 survey provided with the application and is not recognized, at least as presented in 1970, as 49 an existing structure on any property record card. 50 Page 2 of 7 DC rC bA S" �"r bD 7� 7; 7; -1� >, Ln 00 • _ C ct cz d cU 0 ct> ct U o rn CIO En rf) ct pt o ° o an M w `d D M C-) -' bju cz cr V] �' Q� •"' i-•i S:" N 7..i i-i ?�' QJ Q� .� a' QJ y '� p t"r y N bbl) q •� P P �" O p M t O bA y N p p -�oo cc cZ rq u CZ p •n p ^ O cH O ct 'a � bA O DC l� - N S].p U O d o0 -p o 0 00 y a� y L) rn ^y..0 75 bbO y ,� }� ^� N v ^� y O,QIt 0 o ,S' L1 p �' Q� ct V'� � cb N O� cd '� Q �•' ,bb ' `� U bD J O -� Ct cn oc bjQ s- O bA MN r � p bA p C) =,N o0 — r d1all4J d ¢ all p bA 41 , = p —C U it bA N M to \O l-- 00 J1 O -- N M �t kn 00 01 O M �t �/ \c r-- 00 U1 O M -t kr) \O --� --� --� --� --� --� --� '--� '--� --� . N N . N . N N . 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" Ste" N c�"�� ��. a� [� cz tu un � w cV cn 7t � oc a1 O ^ N 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 January 21, 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 40,000 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 includes requirements to ensure public health, safety and welfare are protected and 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 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; and WHEREAS, if the terms of the compliance schedule within the development agreement are not met the development agreement is voidable at the sole option of the County; 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 20�13, an amendment to the Monroe County Future Land Use Map was approved amending the future land use designation of the subject property from Industrial (I) to Mixed Use/Commercial (MC). The approval is memorialized by Ordinance ##045- 2013, approved by the Board of County Commissioners at a public hearing on December 11, 2013; and Page 2 of 4 3. Section 163.3220, Florida Statutes, authorizes Monroe County to enter, into development agreements with landowners and/or governmental agencies to encourage a stronger commitment to comprehensive and capital facilities planning, ensure the provision of adequate public facilities for development, encourage the efficient use of resources, and reduce the economic cost of development; and 4. The development agreement, among other things, is intended to and shall constitute a development agreement among the Parties pursuant to the Florida Local Government Development Agreement Act, Section 163.3223, et seq., Florida Statutes; and 5. Development shall not be inconsistent with the Monroe County Code; and 6. Development shall not be inconsistent with the Monroe County Comprehensive Plan; and 7. Development on Stock Island shall not be inconsistent with the Master Plan for the Future Development of Stock Island and Key Haven, also known as the Stock Island/Key Haven CommuniKeys Plan; and 8. Development shall not be inconsistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; and 9. The Monroe County Planning Commission held a public hearing at its meeting on October 29, 2014, which was the first of two required public hearings, and recommended approval to the Board of County Commissioners; and WHEREAS, based upon the information and documentation submitted, the Board of County Commissioners makes the following Conclusions of Law: 1. The request is consistent with the provisions and intent of the Monroe County Code; 2. The request is consistent with the provisions and intent of the Monroe County Year 2010 Comprehensive Plan; 3. The request is consistent with the Master Plan for the Future Development of Stock Island and Key Haven, also known as the Stock Island/Key Haven CommuniKeys Plan; 4. The request is consistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; 5. The Agreement, among other things, is intended to and shall constitute a development agreement among the Parties pursuant to the Florida Local Government Development Agreement Act, Section 163.3223, et seq.,Florida Statutes; Page 3 of 4 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of Law support its decision to APPROVE the Development Agreement attached hereto. PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS of Monroe County, Florida, at a regular meeting held on the 2 I't of January, 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 BY: Mayor Danny L. Kolhage (SEAL) ATTEST: AMY HEAVILIN, CLERK Deputy Clerk MONROE COUNTY ATTORNEY ,ROVED AS=ORM: STEVEN T. WILLIAMS ASSISTANT COUNTY ATTORNEY Date Page 4 of 4 1 2 3 4 DEVELOPMENT AGREEMENT 5 6 THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into on the day 7 of 2015, by and between MONROE COUNTY, FLORIDA, a 8 Political Subdivision of the State of Florida ("Monroe County"), ROGER BERNSTEIN, as 9 Trustee of the Benjamin Bernstein Trust B, (`Bernstein Trust") and SAFE HARBOR 10 SEAFOOD LLC, successor in interest of JOSEPH R. RACKM N and JEFFREY W. 11 BOLOTIN, as Trustees of the Island Trust Agreement, dated March 10, 1989 ("Safe Harbor 12 Seafood") (collectively, the "Parties"), pursuant to Sections 110-132, 110-133, and 130-162 of 13 the Monroe County, Florida, Code of Ordinances ("Monroe County Code"), and the Florida 14 Local Government Development Agreement Act, Florida Statutes Sections 163,3220-163.3243 15 (2013), and is binding on the "Effective Date" set forth herein: 16 17 WITNESSETH: 18 19 The Parties hereby agree as follows: 20 21 I.RECITALS 22 A. This Agreement involves the development of properties located at 5550 Fifth Avenue, 5700 23 Fourth Avenue and 6460 Front Street, South Stock Island, Florida, MM 5. The properties 24 shall be referred to in this Agreement collectively as the `.`Properties." The parcel owned by 25 the Benjamin. Bernstein Trust B, Monroe County Parcel ID 00123770-000000, 00127250- 26 000000, 00127280-000000, 00127290-000000, 00127380-000000, consisting of 27 approximately 9.52 Upland acres and 9.63 Submerged acres of land, shall be referred to 28 collectively as the "Bernstein Property." The parcel owned by Safe Harbor Seafood, Monroe 29 County Parcel ID 00123600-000100�, consisting of approximately 3.11 Upland acres and 1.61 30 Submerged acres of land, shall be referred to as the "Safe Harbor Seafood Property." 31 32 B. This Agreement requires the preservation of at least 35% of the upland area of the Properties 33 for working waterfront and water dependent uses such as marina, including short term and 34 long term dockage, fish house/market,boat repair, boat building, boat storage or other similar 35 uses, but excluding transient uses ("Traditional Working Waterfront Uses"). The entirety of 36 the upland portion of the Safe Harbor Seafood Property and, at a minimum, at least 1.30 37 upland acres of the Bernstein Property shall be preserved for Traditional Working Waterfront 38 Uses. 39 40 C. All Parties have the authority to enter into this Agreement through Florida Statutes Chapter 41 163 and the sole and undivided ownership of the Properties. 42 43 D. Section 1.63�.3220, Florida Statutes, authorizes Monroe County to enter into development 44 agreements with landowners and/or governmental agencies to encourage a stronger 45 commitment to comprehensive and capital facilities planning, ensure the provision of Page 1 of 19 I adequate public facilities for development, encourage the efficient use of resources, and 2 reduce the economic cost of development. 3 4 E. This Agreement, among other things, is intended to and shall constitute a development 5 agreement among the Parties pursuant to the Florida Local Government Development 6 Agreement Act, Section 163.3223, et seq., Florida Statutes (the "Act"). 7 8 F. The Parties recognize that the public noticing and hearing procedures shall follow the 9 requirements of Section 163.3225, Florida Statutes, which requires the local government to 10 conduct two public hearings, one of which may be before the Planning Commission. 11 12 G. Monroe County finds that entering into this Agreement furthers the purposes, goals, 13 objectives and policies of the Monroe County Comprehensive Plan which contains policies 14 that seek to encourage the maintenance and enhancement of community character and 15 recreational and commercial working waterfronts (including but not limited to Policy 16 101.4.5). 17 18 H. Monroe County Comprehensive Plan Policy 101.4.5 requires that parcels with a Future Land 19 Use Map ("FLUM") designation of Mixed Use/Commercial ("MC") and land use zoning 20 district of Maritime Industry ("MI") are required to preserve 35% of the upland area for 21 Traditional Working Waterfront Uses if a mixture of uses is proposed. The Policy is intended 22 to permit the redevelopment of such parcels to accommodate tourism while maintaining the 23 character of working waterfronts. 24 25 I. Monroe County Code Section 130-166 provides that development that is part of a common 26 plan or theme of development including an overall plan of development shall be aggregated 27 for the purposes of determining permitted or authorized development and compliance with 28 the standards contained in Monroe County Code Chapter 130�. 29 30 J. The Bernstein Property, 5550 Fifth Avenue and 5700 Fourth Avenue, South Stock Island, 31 Florida is generally described as follows: 32 33 1. The Benjamin Bernstein Trust B owns that certain real property located at 5550 Fifth 34 Avenue and 5700 Fourth Avenue, South Stock Island, Florida 33040. A copy of the 35 Instruments evidencing Bernstein Trust's ownership are attached hereto and incorporated 36 herein as Exhibit 1. Historically and currently the Bernstein Property is vacant land was 37 and is being used for open storage and commercial fishing.. 38 39 2. A complete legal description of the Bernstein Property is attached hereto and 40 incorporated herein as Exhibit 2. 41 42 3. As of the date of this Agreement, the Bernstein Property is assessed by the Monroe 43 County Property Appraiser as real estate numbers 00123770-000000, 00127250-000000, 44 00127280-000000, 00127290-000000, 00127380-000000. 45 Page 2 of 19 1 4. The Bernstein Property currently has a Maritime Industries ("MI") Land Use (Zoning) 2 District designation and a corresponding Mixed Use/Commercial ("MC") Future Land 3 Use Map designation. A copy of the Land Use District Map and Future Land Use Map 4 for the Bernstein Property is attached as Exhibit 3. 5 6 5. The Bernstein Property currently has a Tier Overlay District designation of Tier III. 7 8 6. The Bernstein Property consists of 9.52 Upland acres and 9.63 Submerged acres of land. 9 10 K. The Safe Harbor Seafood Property, 6460 Front Street, South Stock Island, Florida is 11 generally described as follows; 12 13 1. Safe Harbor Seafood owns that certain real property located at 6460 Front Street, Stock 14 Island, Florida. A copy of the Warranty Deed evidencing Safe Harbor Seafood's 15 ownership is attached hereto and incorporated herein as Exhibit 4. Historically and 16 currently the Safe Harbor Seafood Property is vacant land that was and is being used for 17 open storage, fish retail and distribution and commercial fishing. 18 19 2. A complete legal description of the Safe Harbor Seafood Property is attached hereto and 20 incorporated herein as Exhibit 5. 21 22 3. As of the date of this Agreement, the Safe Harbor Seafood Property is assessed by the 23 Monroe County Property Appraiser as real estate number 00123600-000100. 24 25 4. The Safe Harbor Seafood Property currently has Maritime Industries ("MI") Land Use 26 (Zoning) District designation and a corresponding Mixed Use/Commercial ("MC") 27 Future Land Use Map designation. A copy of the Land Use District Map and Future 28 Land Use Map for the Safe Harbor Seafood Property is attached hereto and incorporated 29 herein as Exhibit 6. 30 31 5. The Safe Harbor Seafood Property currently has a Tier Overlay District designation of 32 Tier 111. 33 34 6. The Safe Harbor Seafood Property consists of 3.11 Upland acres and 1.61 Submerged 35 acres of land. 36 37 38 II. PURPOSE 39 40 A. The overall purpose of this Agreement is to allow for certainty among the Parties as to the 41 permitted density of future transient residential development on the Bernstein Property, and 42 to ensure that Traditional Working Waterfront Uses on the Safe Harbor Seafood Property 43 continue and are capable of being attributed towards the 35%n of upland required for 44 Traditional Working Waterfront Uses when redeveloping the Bernstein Property to provide 45 for transient residential uses. 46 Page 3 of 19 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. 24 a. Six (6) month timeframe for the removal and clean-up of all excess trash and debris 25 existing as of the Effective Date. After clean up, the Properties shall remain in a safe and 26 sanitary condition similar to other working waterfront commercial operations with 27 designated trash debris locations and with regular waste removal. 28 b. One (1) year timeframe for demolition permits for the elimination of all unsafe and/or 29 unpermitted structures existing as of the Effective Date or building permits, as necessary, 30 to bring the structures existing as of the Effective Date into compliance. 31 d. Five (5) year timeframe for all required Federal, State, and Monroe County permits for the 32 demolition, repair or redevelopment of unsafe and/or unpermitted docking facilities 33 existing as of the Effective Date. 34 35 36 111. AGREEMENT REQUIREMENTS 37 38 A. Recitals. The recitals explaining the intent and purpose of the project as set forth in the 39 preceding clauses are incorporated herein and form a material part of this Agreement. The 40 Parties recognize the binding effect of Florida Statutes Sections 163.3220-163.3243, as to the 41 form and content of this Agreement and in accordance therewith set forth and agree to the 42 following. 43 44 B. Legal Description and Ownership. The legal descriptions for the Properties subject to this 45 Agreement are set forth in Exhibits 2 and 5. 46 Page 4 of 19 I C. Duration of Agreement. This Agreement shall remain in effect for ten (10) years from the 2 "Effective Date" as defined herein, and may be extended by mutual consent of the Parties 3 and approval at a public hearing, in accordance with Section 163.3229, Florida Statutes. For 4 the duration of this Agreement, the Parties agree that any development shall comply with and 5 be controlled by this Agreement, the Monroe County Code, and the Monroe County 6 Comprehensive Plan governing the development of land in effect on the date of execution of 7 this Agreement,in accordance with Section 163.3220,Florida Statutes. 8 9 D. Permitted Uses. 10 11 1. The Properties currently have a MI Land Use (Zoning) District designation and a 12 corresponding Mixed Use/Commercial (MC) Future Land Use Map designation. 13 14 a. In accordance with this Agreement and with the MC Future Land Use Map 15 category, as set forth in Monroe County Comprehensive Plan Policy 101.4.5, the 16 perritted uses in the MC Future Land Use Map category include commercial retail; 17 office; employee housing; commercial apartments; maritime industry; light industrial; 18 commercial fishing; institutional, public, and transient and permanent residential 19 dwelling. 20 21 b. Policy 101.4.5: 22 The principal purpose of the Mixed Use/ Commercial land use category is to 23 provide for the establishment of commercial land use (zoning) districts where 24 various types of commercial retail and office may be permitted at intensities 25 which are consistent with the community character and the natural environment. 26 Employee housing and commercial apartments are also permitted. In addition, 27 Mixed Use/Commercial land use districts are to establish and conserve areas of 28 mixed uses, which may include maritime industry, light industrial uses, 29 commercial fishing, transient and permanent residential, institutional, public, and 30 commercial retail uses. 31 32 This land use category is also intended to allow for the establishment of mixed 33 use development patterns, where appropriate. 'Various types of residential and 34 non-residential uses may be permitted; however, heavy industrial uses and 35 similarly incompatible uses shall be prohibited. The County shall continue to take 36 a proactive role in encouraging the maintenance and enhancement of community 37 character and recreational and commercial working waterfronts. 38 39 In order to protect environmentally sensitive lands, the following development 40 controls shall apply to all hammocks, pinelands„ and disturbed wetlands within 41 this land use category: 42 1. only low intensity commercial uses shall be allowed; 43 2. a maximum floor area ratio of 0.10 shall apply; and 44 3. maximum net residential density shall be zero. 45 Page 5 of 19 1 In order to preserve and promote recreational and commercial working waterfront 2 uses, as defined by 342.07, F.S., the following criteria shall apply to all lands 3 designated with the Maritime Industries (MI) land use (zoning) district within this 4 land use category: 5 6 1. When a mixture of uses is proposed for parcels designated as MI land use 7 (zoning) district, working waterfront and water dependent uses, such as 8 marina, fish house/market, boat repair, boat building, boat storage, or other 9 similar uses but excluding transient uses, shall be preserved by maintaining 10 a minimum of 35% of the upland area of the property for those uses. 11 2. Parcels within the MI zoning district that have existing wet slips shall 12 preserve at least 20% of the wet slips for vessels involved with recreational 13 and commercial working waterfront uses, excluding live-aboard vessels 14 solely used as a residence and not for navigation. 15 3. Parcels within the MI zoning district creating new wet slips shall preserve 16 at least 10% of the wet slips for vessels involved with recreational and 17 commercial working waterfront uses, excluding live-aboard vessels solely 18 used as a residence and not for navigation. 19 4. The preservation of dockage for recreational and commercial working 20 waterfront uses shall be documented on the final development plan and shall 21 be a written condition of any permit approval. 22 5. For permanent residential development, parcels within the MI zoning 23 district shall be limited to commercial apartments or employee housing. 24 Commercial apartment means an attached or detached residential dwelling 25 unit located on the same parcel of land as a nonresidential use that is 26 intended to serve as permanent housing for the owner or employees of that 27 nonresidential use. The term does not include a tourist housing use or 28 vacation rental use. 29 6. The preservation of a public access walkway shall be required for all 30 parcels with direct access to the water. Consideration shall be given to 31 security and the physical constraints of the parcel. The public access 32 walkway shall be documented on the final development plan to link a 33 continuous walkway and shall be a written condition of any permit approval. 34 7. Parcels within the MI zoning district shall be limited to commercial retail 35 uses of less than 5,000 square feet of floor area. 36 37 c. In accordance with this Agreement and with the MI Land Use (Zoning) District, as set 38 forth in Monroe County Code Section 130-85, and in compliance with other 39 provisions of the Code, the permitted uses in the MI Land Use (Zoning) District 40 include boat building, repair and storage; commercial fishing; commercial retail uses; 41 commercial retail; hotels; marinas; and accessory uses. 42 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; Page 6 of 19 1 (3) Office uses of less than 5,000 square feet of floor area; 2 (4) Light and heavy industrial uses; 3 (5) Commercial apartments involving less than six dwelling units,but 4 tourist housing uses, vacation rental use, of commercial apartments is 5 prohibited; 6 (6) Commercial fishing; 7 (7) Manufacture, assembly, repair, maintenance and storage of traps, nets 8 and other fishing equipment; 9 (8) Institutional uses; 10 (9) Public buildings and uses; 11 (10) Accessory Uses; 12 (11) Vacation rental use of any nonconforming dwelling units if a special 13 vacation rental permit is obtained under the regulations established in 14 section 134-1 is (12) Replacement of an existing antenna-supporting structure pursuant to 16 section 146-5(2); 17 (13) Collocations on existing antenna-supporting structures,pursuant to 18 section 146-5(3); 19 (14) Attached wireless communications facilities, as accessory uses, 20 pursuant to section 146-5(4); 21 (15) Stealth wireless communications facilities, as accessory uses, 22 pursuant to section 146-5(5); and 23 (16) Satellite earth stations, as accessory uses, pursuant to section 146- 24 5(6). 25 26 (b) The following uses are permitted as minor conditional uses in the maritime 27 industries district, subject to the standards and procedures set forth in chapter 110, 28 article EE1: 29 (1) Commercial apartments involving more than six dwelling units, 30 provided that: 31 a. The hours of operation of the commercial uses proposed in 32 conjunction with the apartments are compatible with residential 33 uses; 34 b. Access to U.S.1 is by way of- 35 1. An existing curb cut; 36 2. A signalized intersection; or 37 3. A curb cut that is separated from any other curb cut on 38 the same side of U.S.I by at least 400 feet; 39 c. Tourist housing uses, including vacation rental use of 40 commercial apartments is prohibited; 41 (2) Hotels of fewer than 50 rooms,provided that: 42 a. The use is compatible with established land uses in the 43 immediate vicinity; and Page 7 of 19 1 b. One or more of the following amenities are available to guests: 2 1. Swimming pool; 3 2. Marina; and 4 3. Tennis courts; 5 (3) New antenna-supporting structures,pursuant to section 146-5(1). 6 7 (c) The following uses are permitted as major conditional uses in the maritime 8 industries district, subject to the standards and procedures set forth in chapter 110, 9 article III: 10 (1) Hotels providing 50 or more rooms, provided that: 11 a. The hotel has restaurant facilities on or adjacent to the premises; 12 and 13 b. Access to U.S. 1 is by way of: 14 1. An existing curb cut; 15 2. A signalized intersection; or 16 3. A curb cut that is separated from any other curb cut on 17 the same side of U.S. 1 by at least 400 feet; 18 (2) Marinas,provided that: 19 a. The parcel proposed for development has access to water at least 20 four feet below mean sea level at mean low tide; 21 b. The sale of goods and services is limited to fuel, food, boating, 22 diving and sport fishing products. 23 c. All outside storage areas are screened from adjacent uses by a 24 solid fence, wall or hedge at least six feet in height; and 25 d. Each nonwaterside perimeter setback of the parcel proposed for 26 development must have a class C bufferyard within a side yard 27 setback of ten feet; 28 (3) Mariculture, provided that: 29 a. The use is compatible with land uses established in the 30 immediate vicinity of the parcel proposed for development; 31 b. The parcel proposed for development is separated from any 32 established residential uses by at least a class C bufferyard; and 33 c. All outside storage areas are screened from adjacent uses by a 34 solid fence, wall or hedge at least six feet in height; 35 (4) Land use overlays A, E, PF, subject to the provisions of article IV of 36 this chapter; 37 (5) Wastewater treatment facilities and wastewater treatment collection 38 systems serving uses located in any land use district,provided that: 39 a. The wastewater treatment facility and wastewater treatment 40 collection systems are in compliance with all federal, state, and 41 local requirements; 42 b. The wastewater treatment facility, wastewater treatment 43 collection systems and accessory uses shall be screened by 44 structures designed to be architecturally consistent with the 45 character of the surrounding community and minimize the impact 46 of any outdoor storage, temporary or permanent; and Page 8 of 19 1 c. In addition to any district boundary buffers set forth in chapter 2 114, Article IV, a planting bed, eight feet in width, to be measured 3 perpendicular to the exterior of the screening structure shall be 4 established with the following: 5 ... 6 e. The height of any new or substantially improved structure associated with the 7 redevelopment of the Bernstein Property shall not exceed 35 feet, except as provided 8 in Monroe County Code, as amended. 9 10 E. Public Facilities. 11 12 1. The Florida Keys Aqueduct Authority provides domestic potable water to the Properties. 13 Excluding existing development that may already be metered, the Florida Keys Aqueduct 14 Authority will meter any new development. 15 16 2. Keys Energy Services provides electric service to the Properties. Excluding existing 17 development that may already be metered, Keys Energy Services will meter any new 18 development. In addition, excluding existing development that may already be metered, 19 Keys Energy Services will meter other types of development accordingly. 20 21 3. Solid waste service is provided to each property by a solid waste collection system 22 franchised by Monroe County. 23 24 4. The Properties are connected to central sewer via KW Resort Utilities Corp.'s system. 25 26 F. Reservation or Dedication of Land. This agreement does not entail the reservation or 27 dedication of land. 28 29 G. Development Allowed. The following specific criteria are those which will guide 30 development of the Properties, and are standards by which any further approvals shall be 31 measured and shall be as follows: 32 33 a. The Bernstein Property consists of 19.14 gross acres consisting of 9.52 acres of 34 upland and 9.63 acres of submerged land 35 36 b. Provided such development can be designed and approved by all applicable regulations 37 and cumulative density/intensity provisions, including but not limited to the Monroe 38 County Comprehensive Plan, Monroe County Code and Florida Building Code, the 39 Properties are permitted to develop the following buildings, facilities and structures 40 on the Bernstein Property pursuant to this Agreement: 41 42 i. Up to and including one hundred twenty two (122) hotel rooms to be developed 43 into a hotel. 44 45 ii. A restaurant with up to 150 seats and up to 4,000 square feet of floor area. 46 Page 9 of 19 1 iii. Up to Forty Thousand (40,000) square feet of non-residential floor area. 2 3 iv. Additional amenities ancillary and accessory to the hotel use, including a lobby, 4 gatehouse, offices, fitness center, bath house, maintenance, and housekeeping 5 consisting of up to 10,000 square feet. 6 7 v. Parking areas and landscaping 8 9 vi. Public access is permitted to the Bernstein Property from 7:00 a.m. until dusk. 10 11 vii.At .a minimum, at least 1.30 upland acres of the Bernstein Property must be 12 preserved for traditional working waterfront uses,pursuant to Policy 101.4.5: 13 14 (a) at least 20% of the existing wet slips shall be preserved for vessels involved 15 with recreational and commercial working waterfront uses, excluding live-aboard 16 vessels solely used as a residence and not for navigation. 17 (b) at least 10% of the new wet slips shall be preserved for vessels involved with 18 recreational and commercial working waterfront uses, excluding live-aboard 19 vessels solely used as a residence and not for navigation. 20 (c) the preservation of dockage for recreational and commercial working 21 waterfront uses shall be documented on the final development plan and shall be a 22 written condition of any permit approval. 23 (d) Permanent residential development shall be limited to commercial apartments 24 or employee housing. 25 (e) The preservation of a public access walkway shall be required for all parcels 26 with direct access to the water. Consideration shall be given to security and the 27 physical constraints of the parcel. The public access walkway shall be 28 documented on the final development plan to link a continuous walkway and shall 29 be a written condition of any permit approval. 30 (f) Parcels shall be limited to commercial retail uses of less than 5,000 square feet 31 of floor area. 32 33 c. The Safe Harbor Seafood Property consists of 4.72 gross acres consisting of 3.11 34 acres of upland and 1.61 acres of submerged land. 35 36 d. Provided such development can be designed and approved by all applicable 37 regulations and cumulative density/intensity provisions, including but not limited to 38 the Monroe County Comprehensive Plan, Monroe County Code and Florida Building 39 Code, the Properties are permitted to develop the following buildings, facilities and 40 structures on the Safe Harbor Seafood Property pursuant to this Agreement: 41 42 i. All 3.11 upland acres shall be developed and used for Traditional Working 43 Waterfront Uses, pursuant to Policy 101.4.5: 44 Page 10 of 19 I (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 structures existing as of the Effective Date or building permits, as necessary, 25 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 1. 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 Page 11 of 19 1 2 J. Finding of Consistency. By entering into this Agreement, Monroe County finds that the 3 development permitted or proposed herein is consistent with the Monroe County 4 Comprehensive Plan and Monroe County Code. 5 6 K. Breach,Amendment,Enforcement,and Termination. 7 8 a. Material Breach: A material breach by the Parties is the failure of any Party to 9 comply with the terms of this Agreement after Notice as provided herein. 10 11 b. Notice: Upon any Party's material breach of the terms and conditions of this 12 Agreement, the non-breaching Party shall serve written Notice of the breach upon the 13 breaching Party pursuant to the procedure established in this Agreement and shall 14 provide the opportunity, within ninety (90) days of the date such Notice is served, to 15 propose a method of fulfilling the Agreement's terms and conditions or curing the 16 breach. The breaching Party shall be provided an additional ninety (90) days to cure 17 the material breach or to negotiate an amendment to this Agreement within a 18 reasonable time, as mutually agreed to by the Parties. This Agreement is not subject 19 to arbitration and must be amended in accordance with the statutory requirements. 20 21 c. Amendment or Termination: The Parties hereto shall at all times adhere to the 22 terms and conditions of this Agreement. Amendment, termination, extension, or 23 revocation of this Agreement shall be made in accordance with the notification and 24 procedural requirements set forth herein. 25 26 i. Amendments to this Agreement shall subject Parties to the laws and policies in 27 effect at the time of the amendment only if the conditions of Section 163�.3233(2), 28 Florida Statutes, are met. 29 30 ii. No modifications, extensions, amendments, or alterations of the terms or 31 conditions contained herein shall be effective unless contained in a written 32 document approved and executed by the Parties. 33 34 ii. Amendment, extension or termination shall require at least two (2) public 35 hearings. The hearings shall be held pursuant to an application filed with Monroe 36 County by the Party seeking to amend or terminate this Agreement, along with the 37 requisite filing fee. Notice of public hearing shall be in accordance with Monroe 38 County Ordinances and Florida Statutes. 39 40 HL If the terms of the compliance schedule are not met, the development agreement 41 shall be voidable at the sole option of the County at a public hearing. 42 43 d. Enforcement: 44 45 i. After notice and an opportunity to respond and/or cure the material breach as 46 provided for below. In addition, Monroe County may utilize appropriate code Page 12 of 19 1 compliance remedies to cure any breach after notice and an opportunity to cure as 2 provided herein. 3 4 ii. Monroe County, the other Parties, their successors or assigns, or any aggrieved or 5 any adversely affected person as defined in Section 163.3215(2), Florida Statutes, 6 may file an action for injunctive relief in the Circuit Court of Monroe County to 7 enforce the terms of this Agreement or to challenge compliance with the 8 provisions of Sections 163.3243, Florida Statutes. 9 10 iii. Nothing contained herein shall limit any other powers, rights, or remedies that 11 either party has, or may have in the future, to enforce the terms of this Agreement. 12 13 L. Binding.Effect of Agreement. The covenants, agreements, and obligations herein contained, 14 except as herein otherwise specifically provided, shall extend to,bind and inure to the benefit 15 of the Parties hereto and their respective personal representatives, heirs, successors and 16 assigns. 17 18 M. State and Federal Law. If State or Federal laws enacted after the effective date of this 19 Agreement preclude either Party's compliance with the terms of this Agreement, this 20 agreement shall be modified as is necessary to comply with the relevant State or Federal 21 Laws. 22 23 N. Compliance with Other Laws. The failure of this Agreement to address a particular permit, 24 condition, term, or restriction shall not relieve the Parties of the necessity of complying with 25 the laws governing said permitting requirements, conditions, terms or restrictions. 26 27 0. Reservation of Rights. This Agreement shall not affect any rights, which may have accrued 28 to any party to this Agreement under applicable law. The Parties reserve any and all such 29 rights. All approvals referenced in this Agreement are subordinate to compliance with all 30 applicable laws, codes, and land development regulations and permits, except to the extent 31 otherwise provided for in this Agreement. 32 33 P. No Permit. This Agreement is not and shall not be construed as a Development Permit, 34 Development Approval or authorization to commence development, nor shall it relieve the 35 Parties other than Monroe County of the obligations to obtain necessary Development 36 Approvals that are required under applicable law and under and pursuant to the terms of this 37 Agreement and Monroe County Code. 38 39 Q. Good Faith; Further Assurances; No Cost. The Parties to this Agreement have negotiated 40 in good faith. It is the intent and agreement of the Parties that they shall cooperate with each 41 other in good faith to effectuate the purposes and intent of, and to satisfy their obligations 42 under, this Agreement in order to secure themselves the mutual benefits created under this 43 Agreement. The Parties agree to execute such further documents as may be reasonably 44 necessary to effectuate the provisions of this Agreement; provided that the foregoing shall in 45 no way be deemed to inhibit, restrict or require the exercise of Monroe County's police 46 power or actions of Monroe County when acting in a quasi-judicial capacity. Wherever in Page 13 of 19 1 this Agreement a provision requires cooperation, good faith or similar effort to be undertaken 2 at no cost to a party, the party co-operating, reviewing or undertaking the effort shall, 3 nonetheless, bear its cost of attendance at meetings, hearings, or proceedings and comment 4 and/or execution of documents, inclusive of the expense of its counsel. 5 6 R. Successors and Assigns. This Agreement shall constitute a covenant running with the land, 7 which shall be binding upon the Parties hereto, their successors in interest, heirs, assigns, and 8 personal representatives. 9 10 S. Joint Preparation. This Agreement has been drafted with the participation of the Parties 11 and their counsel, and shall not be construed against any party on account of draftsmanship. 12 The captions of each article, section and subsection contained in this Agreement are fore ease 13 of reference only and shall not affect the interpretational meaning of this Agreement. 14 Whenever the term "included" is used in this Agreement, it shall mean that the included 15 items, or terms are included without limitation as to any other items or terms, which:may fall 16 within the listed category, 17 18 T. Notices. All notices, demands, requests or replies provided for or permitted by this 19 Agreement shall be in writing and may be delivered by any one of the following methods: (a) 20 by personal delivery; (b) by deposit with the United States Postal Service as Certified or 21 Registered mail, return receipt requested, postage prepaid, to the addresses stated below; or 22 (c) by deposit with an overnight express delivery service with proof of receipt to the 23 addresses stated below. Notice shall be deemed effective upon receipt. For purposes of 24 notice, demand, request, or replies: 25 26 The address of Monroe County shall be: 27 28 County Administrator 29 1100 Simonton Street 30 Room 2-205 31 Key West, Florida 33040 32 33 And a copy to: 34 35 Robert Shillinger, Esq. 36 County Attorney 37 PO Box 1026 38 Key West, Florida 33041 39 and 40 1111 12`h Street, Suite 408 41 Key West, Florida 33040 42 43 44 45 46 Page 14 of 19 The address of Bernstein Trust shall be: 2 3 C/O Roger Bernstein, Esq. 4 P.O. Box 144235 5 Coral Gables, FL 33114-4235 6 7 And a copy to: a 9 Barton W. Smith,Esq. 10 Smith Oropeza, P.L. 11 138 - 142 Simonton Street 12 Key West, Florida 33040 13 14 The address of Safe Harbor Seafood shall be: 15 16 C/O Ricardo Diaz, MGR 17 1025 18'h Terrace 18 Key West, FL 33040 19 20 And a copy to: 21 22 Erica Hughes-Sterling, Esq. 23 SPOTTSWOOD, SPOTTSWOOD & SPOTTSWOOD 24 500 Fleming Street 25 Key West, FL 33040 26 27 It is the responsibility of the Parties to promptly notify all other Parties of any change in 28 name or address for receipt of notice, demand, request, or replies. 29 30 U. Force Majeure. Any prevention, delay or stoppage due to strikes, lockouts, labor disputes, 31 acts of God, inability to obtain labor or materials or reasonable substitutes therefore, riot, 32 civil commotion, fire or other casualty and other causes beyond the reasonable control of the 33 party obligated to perform, excluding the financial inability of such party to perform and 34 excluding delays resulting from appeals or rehearing, shall excuse the performance by such 35 party for a period equal to any such period of prevention, delay or stoppage. In order to avail 36 itself of this force majeure provision, the party invoking the same shall provide the other 37 party with a written notice that shall consist of a recitation of all events that constitute force 38 majeure events under this Section, together with the beginning and ending dates of such 39 events. 40 41 V. Construction. This Agreement shall be construed in accordance with the laws of the State of 42 Florida, The Parties to this Agreement have participated fully in the negotiation and 43 preparation hereof; and, accordingly, this Agreement shall not be more strictly construed 44 against any one of the Parties hereto. In construing this Agreement, the use of any gender 45 shall include every other and all genders, and captions and section and paragraph headings Page 15 of 19 I shall be disregarded. All of the exhibits attached to this Agreement are incorporated in, and 2 made a part of,this Agreement. 3 4 W. Omission. The Parties hereto recognize and agree that the failure of this Agreement to 5 address a particular permit, condition, terms or restriction shall not relieve either Party of the 6 necessity of complying with the law governing said permitting requirements, conditions, 7 term, or restriction notwithstanding any such omission. 8 9 X. Jurisdiction and Governing Law, The Parties hereto agree that any and all suits or actions 10 at law shall be brought in Monroe County, Florida and no other jurisdiction. This Agreement 11 shall be construed and interpreted under the laws of the State of Florida. 12 13 Y. Attorney's pees and Costs. The Parties agree that in the event any cause of action or 14 administrative proceeding is initiated or defended by any party relative to the enforcement or 15 interpretation of this Agreement, the prevailing party shall be entitled to reasonable 16 attorney's fees, court costs, as an award against the non-prevailing party, and shall include 17 attorney's fees, courts costs, in appellate proceedings. Mediation proceedings initiated and 18 conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil 19 Procedure and usual and customary procedures required by the circuit court of Monroe 20 County. 21 22 Z. Time of Essence. Time shall be of the essence for each and every provision of this 23 Agreement. 24 25 AA. Entire Agreement. This Agreement, together with the documents referenced herein, 26 constitute the entire agreement and understanding among the Parties with respect to the 27 subject matter hereof, and there are no other agreements, representations or warranties other 28 than as set forth herein. This Agreement may not be changed, altered or modified except by 29 an instrument in writing signed by the Party against whom enforcement of such change 30 would be sought and subject to the requirements for the amendment of development 31 agreements in the Act. 32 33 BB. Counterparts. This Agreement may be executed in one or more counterparts, and by 34 different Parties hereto in separate counterparts, each of which when executed shall be 35 deemed an original but all which taken together constitute one and the same agreement. 36 37 CC. Recording. Monroe County shall record this Agreement with the Clerk of the Circuit Court 38 of Monroe County within fourteen (14) days following signature by all Parties. Bernstein 39 Trust agrees that it shall be responsible for all recording fees and other related fees and costs 40 related to the recording and delivery of this Agreement as described in this section. The 41 provisions hereof shall remain in full force and effect during the term provided herein and 42 shall be binding upon all successors in interest to the Parties to this Agreement. 43 44 DD. Conflicting Resolutions. All resolutions or parts thereof in conflict with the provisions of 45 this Agreement and its resolution are hereby repealed to the extent of such conflict. 46 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 380, Florida Statutes, and if appealed, the date the appeal is 10 resolved. 11 12 13 [Balance of this page intentionally left blank, signature page to followl 14 Page 17 of 19 I IN WITNESS WHEREOF, the Parties hereto have set their hands and seals on the day ands 2 below written. 3 4 SAFE HARBOR SEAFOOD LLC 5 6 7 8 Title: 9 10 Date: 11 12 13 14 The foregoing instrument was acknowledged before me on this day of , 15 2015, by Ricardo Diaz, Manager of Safe Harbor Seafood, LLC. He is personally known to me 16 and did not take an oath. 17 18 19 20 21 Page 18 of 19 I ROGER BERNSTEIN, as Trustee of the Benjamin Bernstein Trust B 2 3 B 4 5 Title: 6 7 Date: 8 9 10 11 The foregoing instrument was acknowledged before me on this day of , 12 2014, by Roger Bernstein, the Trustee of the Benjamin Bernstein Trust B. He is personally 13 known to me and did not take an oath. 14 15 16 17 18 19 ATTEST: AMY HEAVILIN CLERK MONROE COUNTY BOARD OF 20 COUNTY COMMISSIONERS 21 22 23 DEPUTY CLERK MAYOR MONROE COUNTY ATTORNEY PPROVED Tn cnRM Date: Page 19 of 19 "NW n ly � WIw' I MYry 4410 G@M dWM '+ 4 41 jog Aft � to I a 0 #0 p 54 rM� 1 6 I � � It- 9GM ., W 44 vvi oil J44 to i I fit apt.; i �u 4 11 to I "m*I . 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Russell, CFA Property Appraiser Key West(305)292-3420 Marathon(305)289-2550 Monroe County, Florida Plantation Key(305)852-7130 Website tested on IE8,IE9,&Firefox. Property Record Card - Requires Adobe Flash 10.3 or higher Maps are now launching the new map application version. Alternate Key:8630166 Parcel ID:00123600.000100 Ownership Details s Melling Address: n ISLAND TRUST AGREEMENT 3f10f7 089 P 0 BOX 2455 KEY WEST,FL 33040 Property Details PC Code:44-PACKING PLANTS/SEAFOOD/FRUIT Wage Group:110A Affordable Housing:No Section-Township-35-67-25 Range: Property Location:6500 FRONT ST SOUTH STOCK ISLAND Legal Description:35.67-25 PT BK 55 MCDONALOS PLAT PB1-55 AND FILLED ADJ SAY BOTTOM(4.,.10AC)&ADJ BAY BTM(1.18AC)STOCK ISLAND ORS51.178111762 ORBtl6-243W2438=ORION-2091I95(CAW) Click Map Image to open interactive viewer ® f k f i S38 T67S R E t 1 Land Details Land Use Coda Frontage Depth Lend Area 100W•COMMERCIAL WATERFRON 0 0 64,904,01)SF 1DOD-COMMERCIAL DRY 0 0 69,696 00 SF OODX•ENVIRONMENTALLY SENS D 0 1.61 AC Building Summary Number of Buildings:3 Numberof Commercial Buildings:2 Total Living Area:1186 Year Built:1985 Building 1 Details BulldingType Condition Quality Oracle 1DO Effective Ago 56 Perimeter 96 Depreciation%80 Year Built 1999 Special Arch 0 Gmd Floor Area 320 Functional Obs 0 Economic Dies 0 littp://www.incpail.oi-g/PropSearch.aspx 8/20/2014 Property Search -- Monroe County Property Appraiser Page 2 of 5 Inclusions: Roof Type Roof Cover Foundation Heatl Heal2 Bedrooms 0 Heal Src 1 Heat Src 2 Extra Features: 2 Fix Bath 0 Vacuum 0 3 Fix Bath 0 Garbage Disposal 0 4 Fix Bath 0 Compactor 0 6 Flx:nth 0 Security 0 8 FIX Bath 0 Intercom 0 7 Fix Bath 0 Fireplaces 0 Extra Fix 20 Dlshwashor 0 40 FT. FLA G 8 F7320-96 f 8 FT. 15 FT. 10 FT. 15 FT. Sections: Nbr Type Ext Wall I Stories Year Built Attic A1C Basement% Finished Basement% Area 1 FLA 1 is" 320 2 OUF 1 1999 40 Interior Finish: Section Nbr Interior Finish Nbr Type Area% S r1nkler A1C 15037 OFFBLDGi STY•D 100 N N Exterlor Wall; Intanor Flnlsh Nbr TIOPOAroe% 5182 METAL SIDING 100 Building 2 Details Building Typo Condition E quality Grade 250 Effective Age 12 parirretor 110 Depreciation%15 Year Built 1999 Special Arch 0 Grod Floor Area 910 Functional Ob.0 Economic Obs 0 Inclusions: Roof Typo Root Cover Foundation Heatl Heat Bedrooms 0 Heat Src 1 Heat Src 2 Extra Features: 2 Fix Bath 0 Vacuum 0 3 Fix Bath 0 Garbage Disposal 0 4 Fix Bath 0 Compactor 0 5 Fix Bath 0 Security 0 6 Fix Bath 0 Intercom 0 7 Fix Bath 0 Fireplaces 0 Extra Fix 4 Dishwasher 0 http://www.mcpafl.org/PropSearch.aspx 8/20/2014 Property Search--Monroe County Property Appraiser Page 3 of 5 10 FT r FT, 26 F T FLA 61 t)6116 22 FT, IS FT, 26 FT,. 11 FT_f CLP 242-66 j 22 FT, j 22 FT 11 FT. Sections: Nor Type Ext Wall 0 Stories Year Built Attic A/C Basement% Finished Basement% Area 1 FLA 1 1999 610 2 CLP 1 1099 242 Interior Finish: Section Nbr Interior Finish Nor Type Area% S rinkler A!C 15038 PACKING PLANTS 100 N N Exterior Wall: Interior Finish Nbr Type Area% 5483 CONC BLOCK too Building 3 Details Building Type Ri Condition A Quality Grade 350 Effective Age 40 Perimeter,80 Depreciation%39 You Built1085 Special Arch 0 Grnd Floor Area 266 Functional Ob.0 Economic Obs 0 Inclusions: Rt includes 1 3-fixture bath and 1 kitchen. Root Type GABLEfHIP Real Cover METAL Foundation CONC PILINGS Heat NONE Neat 2 NONE Bedrooms 0 Heat Sm 1 NONE Heat Src 2 NONE Extra Features: 2 Fix Bath 0 Vacuum 0 3 Fix Bath -1 Garbage Disposal 0 4 Fix Bath 0 Compactor 0 6 Fix Bath 0 Security 0 8 Fix Beth 0 Intercom 0 7 Fix Bath 0 Fireplaces 0 Extra Fix -3 Dishwasher 0 http://www.mcpafl.org/Pi-opSeareli.aspx 8/20/2014 Property Search-- Monroe County Property Appraiser Page 4 of 5 8 FT. 8 FT. EFD; FLA 266-00 266-B0 20 FT. a 32 FT. 32 FT. 32 FT. 6 FT. 8 1 5 FT. ; 6 FT, 8 FT. 8 FT. Sections: Nbr Typo Fad Well #Stories Year Bultt Aft A/C Basement% Finished Basement% Area 1 FLA 8WETAUALUM 1 1996 N N 0..00 0,00 256 2 OPU 1 1996 N N 0.00 0.00 30 3 EFD 1 INS N N 0.00 0.00 256 Misc Improvement Details Nbr Type p Unite Lbnoh Width Year Built Roil Yser Grade Los 1 DK3:CONCRETEDOCK 1,870SF 167 10 1979 1080 1 80 2 DK4:WOODDOCKS 5,150SF 515 10 1979 19N 3 40 3 SW2.SEAWALL 1,.590SF 530 3 1979 low 1 60 4 DK3.CONCRETE DOCK 120 SF 15 8 1979 1960 1 60 5 DK4:WOOD DOCKS 82 SF 23 4 1979 1960 1 40 8 DK4.WOOD DOCKS 1.832 SF 130 12 1979 1960 1 40 7 DK4':WOOD DOCKS 225 SF /5 15 1095 1996 3 40 8 DK*W00D DOCKS 420 SF 35 12 1979 1960 1 40 9 DK4.WOOD DOCKS 378SF 47 8 1979 1980 1 40 10 WD2rWOOD DECK 140 SF 14 10 1995 1996 1 40 Appraiser Notes 2000.06.12 ADDED THE TWO 8UILD6NGS FOR THE Y2K TAX ROLL.AND DELETED THE OLD MISCELLANEOUS ANDADDED HE NEW MISC.DUG 2001.04.03 CHANGED HE OG FOR BLDG i OF 2 FROM 50 TO 100 FOR THE 2001 TAX ROLL,DUG 4129/2004 ADDED SLOG 1t 3.WAS PUT ON THE WRONG PARCEL.D.M.J.. SPLIT OUT 1.927AC FROM 00127260.000000 PER OR2171.38611M/C OR2171.389191 MOVED LARGE COMMERCIAL CANOPY TO AKW84783;REMAINER OF CARD APPEARS CORRECT AT THIS TIME;DIFFICULT AREA TO INVENTORY.. Building Permits Bldo Number Date Issued Onto Completed Arlmunt Description Notes 10100744 03/04/2010 1,000 Commerdal REMOVE ILLEGAL WIRING A-9910 11/01/1962 11/01/1962 200,000 Commercial' SEWAGE PLANT 91.3564 11/01/1991 11/01/1992 771 Commerdel FENCE CCHAINLINK 03.6739 06/01/1093 12/01/1993 2.000 Commerdai FENCE 4 970755 04/28/1999 01/01/2000 900 Commerdel BLDG MISCELLANEOUS 5 990737 07121119M 01/01/2000 2,000 Commorciol CONSTROCTION/SALES TR 6 0010490 02MOM000 12/30/2005 300 Commardal LAND CLEAR Parcel Value History Certified Roll Values View Taxes for this Parcel. http://www.mcpafl.org/PropSearch.aspx 8/20/2014 Property Search -- Monroe County Property Appraiser Page 5 of 5 Roll Year Total Bldg Value Total Miss improvement Value Total Laud Value Total Just(Market)Value Total Assessed Value School Eaem Valuo School Taxable Value 2014 70,265 72,143 2.420.329 723,614 123,614 0 723.514 2013 79,388 73,289 1,959.371 723,514 723,514 0 723.514 2012 79,366 74,381 1.959.371 723,514 723,514 0 723,514 2011 79,046 75,033 1,959,371 723,514 723,514 0 723,514 2010 81,338 78,124 3,414,055 1,033.692 1.033.592 0 1.033.,592 2009 82,459 77,270 5,406,161 1,033,592 1,033.592 0 1,033,592 290E 62,469 77,869 2.288,161 1,033,592 1,033,592 0 1,033,.592 2007 66,.507 72,893 3.162,161 1,033,592 1,033,592 0 1,033„592 2000 86,507 66,903 393,396 518.700 618,796 0 818,706 2006 67,284 150,540 475,735 723,680 723,560 0 723,560 2004 64.247 75,90E 396,061 530,216 538,216 0 538,21e 2003 49,958 80,133 396,061 528,150 520,150 0 528,.150 2002 49,956 82,900 203,879 428,632 428,632 0 428.532 2001 49,956 07,121 268.020 405„097 405.,097 0 405„697 2000 45,811 54,278 268.020 368,909 368,909 0 388,909 loss 0 19,421 252,259 271,880 271,680 0 271„680 lose 0 16,372 252.259 268.631 268,631 0 28B,631 too? 0 16,648 252,259 288.907 288,907 0 260,907 1006 0 16,890 252,259 269158 289,168 0 28%158 1995 0 17,149 252,259 269,408 269,408 0 269,408 1894 0 17,425 252,259 269,684 269,894 0 269.684 1903 0 17,004 200.053 307,137 307.137 0 307,137 1992 0 15,285 290.053 305.338 306,338 0 305,338 1991 0 15,458 290,053 305,611 306,511 0 305,511 1900 0 15,032 290,053 Mass 305.685 0 305,665 lose 0 16,606 290.053 305,959 305,859 0 305,0'59 10N 0 15,979 290.053 306,032 305,032 0 308,032 1987 0 18153 403,144 410,207 410,207 0 419.297 lose 0 16,327 403,144 419,471 419,471 0 419,471 1934 0 18,501 403,144 419.045 416,045 0 419,645 1004 0 16,674 403,144 419.810 419,018 0 419,818 1903 0 16,912 403,144 420,058 420,�058 0 420,056 1982 0 17,087 272,760 289,946 280,848 0 M,646 Parcel Sales History NOTE:Sales do not generally show up in our computer system until about two to three months after the date of sale.If a recent sale does not show up in this list,please allow more time for the sale record to be processed, Thank you for your patience and understanding, There are no sales to displey for Ws parcel.. This page has been visited 360,113 times, Monroe County Monroe County Property Appraiser Scott P.Russell,CFA P.O.Box 1176 Key West,FL 331541.1176 http://www.mcpafl.org/PropSearch.aspx 8/20/20]4 Safe Harbor Seafood LLC RE: 00123600-000100 Front St / Stock Island Inspector N Dowling 08/30/2014 9 r m r er r ✓ rr �wur;a�7i �/f �l/�u /r//r Safe Harbor Seafood LLC RE: 00123600-000100 Front St / Stock Island Inspector N Dowling 08/30/2014 t , I u Vu uV4V4 , / Property Search--Monroe County Property Appraiser Page l of 6 w 'Scott P. Russell, CFA Pro ert An raiser Key West(305) 292-3420 p Y rp 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 applicatiorkjYgrAJAA Fi efox. Flash 10.3 or higher Alternate Key: 8630166 Parcel 1D: 00123600-000100 Ownership Details Mailing Address: J SAFE HARBOR SEAFOOD LLC 1025 18TH TER W KEY WEST,FL 33040-4250 Property Details p PC Code:44-PACKING PLANTSISEAFOOD/FRUIT i Millage Group: 110A Affordable I Housing: No Section-35-67-25 Township-Range: Property I 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 A3 AC)STOCK ISLAND OR851-1761/1762 OR866-2436/2438Q/C OR1088-2091/2095 OR2700-33/44 OR2700-55/590/C i i I o i I r I 6 1 I i s i I' i i Y t E http://www.incpafl.org/PropSearch.aspx l/l 2/2015 .. �■■Callon 1 11 Ow ■■C ■ a on 8 IRON !_ME dui ME ill, PIV I � r r1•uSR r;�' � IIAki � �� � �W W. �15 R;a ol i yV '�ru'� 1" �Y�w"irvm rX rr #4•+�""�� �.�:6 :.r"f6 k�'p a• 6 � i m � W�ure k , • •Y . • ii • '• 1 1 •1� 11 ilk • �' 1 1 11 Iii '• 1 1 • 1 •1 1 Property Search-- Monroe County Property Appraiser Page 3 of 6 a Building Summary a Number of Buildings: 1 i Number of Commercial Buildings: 1 Total Living Area: 610 Year Built: 1999 Building 2 Details Building Type Condition A Quality Grade 250 Effective Age 13 Perimeter 116 Depreciation% 15 Year Built 1999 Special Arch 0 Grnd Floor Area 610 Functional Obs 0 Economic Obs 0 Inclusions: Roof Type Roof Cover Foundation N Heat 1 Heat 2 Bedrooms 0 Heat Src 1 Heat Src 2 I Extra Features: 1 I 2 Fix Bath 0 Vacuum 0 3 Fix Bath 0 Garbage Disposal 0 4 Fix Bath 0 Compactor 0 5 Fix Bath 0 Security 0 6 Fix Bath 0 Intercom 0 1 7 Fix Bath 0 Fireplaces 0 Extra Fix 4 Dishwasher 0 I I i 10 FT. 7 FT. J 26 FT. i FLA w 0-1 Is 22 FT. 16 FT. 25 FT. 11 FT � � 242-86 1 22 FT. 22 FT. 11 FT. r I Sections: Nbr Type Ext Wall #Stories Year Built Attic A/C Basement% Finished Basement% Area 1 FLA 1 1999 610 2 CLP 1 1999 242 f http://www.mepafl.org/PropSearch.aspx 1/12/2015 Property Search -- Monroe County Property Appraiser Page 4 of 6 Interior Finish: I i Section Nbr Interior Finish Nbr Type Area% Sprinkler A/C i 15038 PACKING PLANTS 100 N N i Exterior Wall: I fInterior Finish Nbr Type Area% 5183 CONC BLOCK 100 j Misc Improvement Details Nbr Type #Units Length Width Year Built Roll Year Grade Life 1 DK3:CONCRETE DOCK 1,670 SF 167 10 1979 1980 1 60 g 2 DK4:WOOD DOCKS 5,150 SF 515 10 1979 1980 3 40 i 3 SW2 SEAWALL 1,590 SF 530 3 1979 1980 1 60 i4 DK3:CONCRETE DOCK 120 SF 15 8 1979 1980 1 60 5 DK4:WOOD DOCKS 92 SF 23 4 1979 1980 1 40 6 DK4:WOOD DOCKS 1,632 SF 136 12 1979 1980 1 40 I � 7 DK4:WOOD DOCKS 225 SF 15 15 1995 1996 3 40 8 DK4:WOOD DOCKS 420 SF 35 12 1979 1980 1 40 1 9 DK4:WOOD DOCKS 376 SF 47 8 1979 1980 1 40 10 WD2:WOOD DECK 140 SF 14 10 1995 1996 1 40 j 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//88Q/C OR2171-389/91 MOVED LARGE COMMERCIAL CANOPY TO AK9084783:REMAINER OF CARD APPEARS CORRECT AT THIS TIME; DIFFICULT AREA TO INVENTORY. PER QUIT CLAIM DEED RECORDED IN OR2700-55/59 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. f { Building Permits Bldg Number Date Issued Date Completed Amount Description Notes 10100744 03/04/2010 1,000 Commercial REMOVE ILLEGAL WIRING A-9910 11/01/1982 11/01/1982 200,000 Commercial SEWAGE PLANT r 91-3584 11/01/1991 11/01/1992 771 Commercial FENCE CCHAINLINK I 93-5739 06/01/1993 12/01/1993 2,000 Commercial FENCE i 4 970765 04/28/1999 01/01/2000 900 Commercial BLDG MISCELLANEOUS I 5 990737 07/21/1999 01/01/2000 2,000 Commercial CONSTROCTION/SALES TR G' 6 00/0490 02/16/2000 12/30/2005 300 Commercial LAND CLEAR s http://www.mcpafl.org/PropSearch.aspx 1/12/2015 Property Search-- Monroe County Property Appraiser Page 5 of 6 Parcel Value History Certified Roll Values. View Taxes for this Parcel, I Roll Total Bldg Total Misc Total Land Total Just Total Assessed School School Taxable Year Value Improvement Value Value (Market)Value Value Exempt Value Value 1j 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 I 2012 79,386 74,381 1,959,371 723,514 723,514 0 723,514 2011 79,946 75,033 1,959,371 723,514 72'3,514 0 723,514 2010 81,338 76,124 3,414,955 1,033.592 1,033,592 0 1,033„592 d 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 66,507 72,893 3,162.161 1,033,592 1,033,592 0 1„033,592 2006 66,507 56,903 393,386 516,796 516,796 0 516,796 2005 67,284 180,540 475,736 723,560 723,560 0 723,560 t 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 0 528,1510 2002 49,956 82,900 2.93,676 426.532 426,532 0 426,532 1 2001 49,955 87,121 268,820 406.897 405,897 0 405,,897 M 2000 451,811 54,278 268,820 368,909 368,909 0 368,909 i 1999 0 19,421 262,269 271,680 271,680 0 271,680 i 1998 0 16,372 252,259 268,631 268,631 0 268,631 1997 0 16,648 252,259 268,907 268.907 0 268,907 1996 0 16,899 252,259 269,158 269,158 0 269,158 I 1995 10 17,149 2521,259 269,408 269,406 0 269,408 i +1+ 1994 0 17,425 252,259 269,684 269.684 0 269,684 i 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 15,806 290,053 305,859 305,859 0 305,859 I 1988 0 15,979 290,053 306,032 306„032 0 306.032 1987 0 16,163 403,144 419,297 419,297 0 419,2'97 i 1986 0 16,327 403,144 419„471 419,471 0 419,471 i 1985 0 16,501 403.144 419.645 419,645 0 419,645 4, 1984 0 16,674 403,144 419,818 419,818 0 419,818 1983 0 16,912 403,144 420„056 420,056 0 420„056 1982 0 17,087 272,769 289,846 269,846 0 289„846 i Parcel Sales History http://www.incpafl.org/PropSearch.aspx 1/12/2015 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, Sale Date Official Records Book/Page Price Instrument Qualification 8/21/2014 2700/33 2,400,000 WD 01 8119/2014 2700/55 100 QC 11 This page has been visited 159,227 times. Monroe County Monroe County Property Appraiser Scott P. Russell, CFA P.O. Box 1176 Key West, FL 33041-1176 http://www.mcpafl.org/PropSearch.aspx 1/12/2015