Item O7
REVISED
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 16,2008
Division: County Attorney Office
Bulk Item: Yes
No
N atileene W. Cassel
Staff Contact PersonlPhone #: 292-3470
AGENDA ITEM WORDING: Discussion and report on the status of contract
negotiations for sale of Hickory House property.
ITEM BACKGROUND:
At the June 20, 2007, BOCC meeting the Board approved the bid proposal submitted by
King's Point Marina to purchase the Hickory House. King's Point was the only
respondent. Since that time the County and the respondent have been in negotiations over
the details of the Purchase and Sale Agreement. In January 2008, King's Point Marina
sent a copy of a conditions page to the County Attorney's office; the conditions page was
not in the proposal approved by the Bacc in June 2007.
PREVIOUS RELEVANT BOCC ACTION:
See above.
CONTRACT/AGREEMENT CHANGES:
Not applicable
STAFF RECOMMENDATIONS:
Staff will present the issues which remain outstanding in negotiations.
TOTAL COST:
BUDGETED: Yes _No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty _ OMBlPurchasing _ Risk Management
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
0-7
Revised
BID PROPOSAL FROM KINGS POINTE MARINA
AS APPROVED BY THE
BOARD OF COUNTY COMMISSIONERS
BOARD OF COUNTY COMMISSIONILRS
AGILNDA ITEM SUMMARY
Meeting Date: 6-20-07
Division: Engineering
Bulk Item: Yes
No -1L
Department: Engineering
Staff Contact Person/Phone #:David S. Koppel, 292-4426
AGENDA ITEM WORDING: Discussion and consideration of bid to sell the Hickory House
propelty.
ITEM BACKGROUND: At the April 18, 2007 BOCC meeting, approval was given to go out for bid
to sell the Hickory House property. The bid opening date was June 5, 2007, with one respondent. The
respondent, King's Pointe Marina, bid $3.1 million, and will provide public waterfront access, boat
launch facility, bait shop, and affordable housing.
PREVIOUS RELEVANT BOCC ACTION: In 2006, the BOCC purchased the Hickory House to
provide waterfront access for the public. However, due to recent budget issues and permitting
difficulties, it was decided to try to recoup the cost of the purchase and at the same time preserve
waterfront access.
CONTRACTMGREEMENTCHANGES:N/A
STAFF RECOMMENDATIONS: Approval to accept bid.
TOTAL COST:
$3.1 million revenue
BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty _ OMBlPurchasing _ Risk Management_
DOCUMENTATION:
Included
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 11106
OKl!~ErY ~o~!'L~~E
(305) 294-46<11
{'~C""~
BOARD OF COUNTY COMMISSIONERS
Mayor Mario Di Gennaro, District 4
Mayor Pro Tem Dixie M. Spehar, District 1
George Neugent, District 2
Charles "Sonny" McCoy, District 3
Sylvia 1 Murphy, District 5
Engineering Division
The Hi~toric Gato Cigar Factory
1100 Simonton Street, Suite 2"216
Key West, Florida 33040
305-292-4426 department
305~295~4321 fax
koppeJ "dave(lv m onroeCOlll1 ty- fl.gov
-- LV!:\".. -'.
-.. ,r". '.
. 'It\"".
to" 'l~':,kf~
~-~
.,~"
MEMORANDUM
To:
The Monroe County Board of County Commissioners
From:
David S. Koppel, PE "!t
Division Director, Engineering {J f
Date:
June 5,2007
Subject:
Bid to sell the Hickory House property
The Hickory House property was purchased in 2006 with the intent of providing waterfront access to the
public. However, in consideration of the County's current budget situation and the potential difficulties in
further developing the property, it was decided to sell and recoup the price paid by the County, while still
preservmg access.
Therefore, at the April 18, 2007 BOCC meeting, approval was given to go out to bid to sell the Hickory
House property, which the County purchased in 2006. The bids were opened Tuesday, June 5, 2007, with
one respondent: King's Pointe Marina, with a bid amount of $3,100,000.
King's Pointe Marina's proposal for purchase involves integrating the Hickory House property with the
existing King's Pointe Marina property immediately to the west. The existing facility will provide access to
the boat ramp and bathrooms. The new facility will include a location for boat sales, marine engine repair,
fuel sales, boat and tackle shop, boat rentals, a ship's store that will provide sale of items relating to boats
and water usage and include public restrooms, a snack shop selling food related to the use of boats and the
enjoyment of the waterfront. An expansion of the existing docks at the Hickory House property is also
planned, providing an additional 18 wet slips. Parking will also be provided, as per County standards.
In addition, King's Painte Marina LLC owns 5 ROGO exempt affordable housing allocations that they
propose to transfer to the Hickory House site and to integrate into the proposed marina-related commercial
space, as second story units. The units will be one and two bedroom units, meeting the size and income
restrictions of the Monroe County code, and will be deed restricted for that use.
County staff recommends approval of the King's Pointe Marina bid to purchase.
I
..
r:r:
o
u.
V)
Z
o
M
?-
M
C
Z
o
V
J:
I-
.. I-f
I- :E 3:
Z Q.
~ 0 ~
" 0 ~
I- .. w
~ M Q.
<C~I-t; 0
Q. J-I W ~ a::
~ u. ~,.., Do.
~V)g ~
~e)ZN :;:)
ZZSLti' 0
<C J-I I- J:
Z~<3: ~ >
~05~ ~
C a:: '" .. :::a::::
Z::)::~ ~
<3: Q. <3: J:
t:i C LL
Ie) Z 0
C w W
;:) Q. (J)
'" 0 <C
J:
V
~
::)
Q.
........
W
....l
<C
V)
L-
..
W
....l
I-
J-I
I-
w
u
a::
o
u.
:::c:
a::
o
3:
ca
w
~
o
l-
V)
w
V
Z
W
J-I
Z
W
>
Z
o
V
........
Q.
o
J:
(J)
I-
J-I
~
..
I-
Z
o
a::
LL
~
w
I-
<C
3:
o
I-
U')
U')
W
U
V
<3:
u
J-I
....l
'"
;:)
Q.
<3:
C
J-I
a::
o
....l
LL
~
Z
::)
o
U
LI.I
o
0::
Z
o
:E
..
~
J-I
Z
;:)
~
Z
J-I
(I)
;:)
o
::t:
I
I
I
u..J
U
......
cr::
a..
....J
~
o
I-
o
o
o
o
q
o
o
..-I
ro;
-I:A-
t-
o
z
o
OJ
o
......
OJ
-~-
<(
......
Z
I-
Z
w
Cl
Z
o
a..
c.n
w
cr::
U
.....I
.....I
~
<(
Z
......
cr::
<(
:2:
UJ
I-
Z
......
o
a..
!!>
l'J
z
S2 I
I
I
~
I
I
I
-
1--1
I I
-
I
-
1-
~
u
i.i=
'+-
o
0"1
s::
'~
...s::
v
~
::J
Q...
I
~
t-
O
+- I:ll
U s::
.- 0
>z
111
~ ~I
o I:ll
U ~
t-
Q...
.;.:., u
d~
~...o
~o:
ct (l)
(l)...s::
(l)+-
+- '+-
+- 0
E 111
E ~
0...0
U E
I ~:EI
I
I:ll
...s::
+-
+-
111
L
'8,
o
" '
~1l
~ .-
U,+-
1'0
U ~
L <Jl
Q.l Q.l
1:: ,g
~ +-
~-g
...s:: 0
(l) I:ll
> +-
o 0
..0"
o III
"...s::
(l)+-
ti >-
= ...0
~1l
III >
" 'i;;j
" u
ii ~
"0 ~
+- (l)
o 3:
...s:: ~
+- >
" 0
S::...o
a 0
0"1"
.!:; III
l::+-
III VI
c... =
o <Jl
":"2
'0 ..0
-0 =
'0 <(
VI. ~
'+-~ g
o l:: _
>- ,- ">
8:; ~
+- t- ~
V 0
III " 0"1
t- ~ s::
~ > '~
U-o ...s::
"(l) v
s:: -0 t-
o s:: ::J
(l) (l) Q...
2l;t ~
+-::J ~
o V) t...
111~ 2
:~ 1l :5
-f. 't 111
+- "S; 0
o s:: t-
-t:8 (3
.c ..g >-
~'{: a:l
~..2 "'"0
VlL. g
>- '+- (l)
...0 0 c...
(l) III 0
~t -0
...s:: +- ._
~-
0
0 1'-- Z
W =' -
C':) ~
> <'--J
>0 "a - Lr.>
W = :c
1::0 (J
mJ:: z: ~
c.CI) w ~
""'
o:!:: Ck:
10- m =>
C-co a...
:: ~ (/)
m-:!:::
(/) c c:
::so=>
o -c O'J
:I:(1)C
~ <<i '0
0 o 3: ::s
.....l ~ 0
.....l .~ .s J:
CtS J:(f.lG> C'?
c:: ::: CI) U
'C -(1)'- 0)"'-
ccr OuJ2 uN
._ I
~ mO~ :::::...-
(I) <C 10- OE
0) m 0
..... J:: .2 3: 0)0
c::
0 ~:C" c:: 0
. (j) a:
a.. ::s ::s C ctI _ V
~(f) ~c-m .c ..... co
100. Q) uo>o..;:tLl')
0) \-2?v..;:tco
c:: -0100.
m - 0 :J....... 0 I V
~ Cl)UJen a..Cf)C")~v
<D 100. C ~C::C'?C\lc\J
0 0 Q) c..8.....l.-Q)
E -+:::u :JcLLL{')C\l
en "C .- C o 0 _ 0 .-
Z .- "C m OE1i5~~
m C .-
C/) "o~ Q) Ci5 0) .. ('t)
~\- CI> (.) > o $:0)__
<D ~8>.5x
"0 -J::C
"0 CG....o Q) ..c ctI
as ~'i 0 ~;:~o...LL
Bid - Purchase of Hickory House Property
Bidder Name:
King's Pointe Marina LLC (KPM)
Bidder Address:
1115 Marbella Drive
Tampa, Florida 33610
Bidder Telephone:
813 6630401
813 663 0403 fax
Bidder Contact:
Mr, Everett Atwell, Managing Director
General Information
1. List Partners or Members: The members of KPM LLC are Everett Atwell, Derek
Parker, Tim Koenig, lae Heinberg and Ralph Sanchez
2. List of Directors and Officers of KPM LLC: Everett Atwell and Derek Parker
3. Operations of KPM LLC: KPM has been an operating entity for two years since its
acquisition of King's Pointe Marina in June 2004. Since that time KPM has successfully
operated the King Pointe Marina including dry boat storage, managed wet slips for the
owners of the slips and maintained the ancillary facilities including bait and tackle shop
and marine sales and service spaces for lessees. KPM also owns Fiesta Key marina a 77-
slip marina at Fiesta Key Resort, which has managed for the last one and half years. KPM
recently acquired Conch Harbor Marina in the City of Key West, which it now operates
as a full service marina with fuel sales. The principals of KPM are also the principals of
Coral Hammock LLC, which has developed a resort vacation resort induding two
employee residential units and is now developing three other properties in the Florida
Keys
4. Operations History: Since its inception three years ago KPM has operated only as
KPM and under no other names.
5.Five Year History - Failure to Perform Similar Services: The response to the
County's question five of section B, General Information is: No
6.Customer references:
a. Mr. Dale Bittner
Branch Banking and Trust Company
1010 Kennedy Drive
Key West, Florida 33040
(305) 2923842
b. Mr. John Sanchez
Blaylock Oil Company
754 South Flagler Avenue
Homestead, Florida 33030
(305) 247 7249
7. Credit References
a. Mr. Dale Bittner
Branch Banking and Trust Company
1010 Kennedy Drive
Key West, Florida 33040
(305) 292 3842
b. Mr. John Favret
Vice President
Wachovia Bank
100 South Ashley Drive
Tampa, Florida 33602
(813) 2766632
8. Relevant Experience
King's Pointe Marina is a full service marina located at the southern tip of stock
Island with 158 dry storage slips, 96 wet slips, 4800 square foot restaurant, 9400 square
feet of marina related commercial use including engine repair, boat sales, charter boat
rentals and boat maintenance. KPM has managed the marina for three years improving
occupancy and the physical appearance of the marina and its facilities and has received
County approval for the redevelopment of the marina into a mixed-use marina and
residential project with continued public access to its facilities. The current list of
services provided at the marina is:
1. Wet Slip Rentals
2. Dry Storage Rentals
3. Mini Storage Unit Rentals
4. Fuel Sales - Gas and Diesel
5. Tackle Shop / Convenience Store Sales
6. Boat Launch Ramp
7. Forklift Services
8. Outboard Motor Sales/Service
9. Small Boat Sales
10. General Marine Mechanic Services
11. Restaurant
12. Condominium Management (Residential, Marina Slips and Dry Storage
Condominiums)
13. On Site Security Service
14. Wi-Fi Internet Service
15. Vessel Wastewater Pump Out Service
16. Bath House
17. Laundry Facility
18. Special Events Services
KPM principals also own and operate Fiesta Key Marina a 77-slip facility serving
the users of Fiesta Key Resort R V Park. This marina is also a full service marina with
fuel sales and boat rentals as well as bait and tackle shop. KPM principals have owned
and operated Fiesta Key for two years.
KPM principals also own Conch Harbor which as the following services ..
* Vessel accommodations to 185 ft, 100 amp, 3phase
* Annual, montWy and transient dockage available
* Shower and laundry facilities
* Cable TV and telephone hookups
* Pump out facilities
* Bait and fishing supplies
* Charter dive, fishing, and sailing excursion vessels available
* Monty's Raw Bar
* Real time weather system
* Beer, sodas, ice and snacks
* Low and high sulfur diesel
* 89-octane gasoline
* Valvtect Marine Fuels
* liT" Head fuel dock located just inside entrance to Key West Bight
* Fuel dock draft 12 ft.
* High-speed diesel delivery pump
* Swimming Pool
In addition to the three marinas described above the principals of KPM have
constructed or have approvals for a number of resort projects in the Florida Keys and
along Florida's West Coast. These are:
Coral Hammock
Recalling the romantic chann of old Key West, Coral Hammock is named with the
intention of reestablishing the dwindling native hammock vegetation, characterized by
hardwood trees and rich humus soil, found throughout the Keys. This resort community
of 12 custom single-family homes and 43 town homes can be enjoyed year-round.
Custom details, vaulted ceilings, Conch style porches, traditional metal roofs, picket
fences and tropical colors create truly inspiring designs for these 2 and 3 bedroom
residences. A gated entry, lush landscaped grounds and walking paths coalesce to create
an elegant ambience and the utmost in privacy - all combined with maintenance free
living. The lavish clubhouse and magnificent three-lobe pool invite you to soak up the
Florida Keys' renowned sunrays and sea breeze, With extensive plantings of these
hardwood hammocks such as buttonwoods and paradise trees, this resort is a botanical
oasis to rejuvenate the tired spirit. For the avid adventurer, you will also find yourself
minutes away from championship golf, world class fishing, coral reef diving and the
excitement of old town.
Blue Meridian - Luxury Resort Living
Between sky and sea, the bay and the beach, the energy of city life is balanced by the
relaxed elegance of island living. This is Blue Meridian. Fourteen luxurious levels above
Rocky Pointe Island inspired by the Mediterranean in both name and contemporary
architecture -a paradise in the middle of it all. It is where America's finest beaches meet
the bustling business and cultural life of one of its most vibrant cities, opposing points of
a maritime compass placing this luxury condominium in the center, minutes from
unparalleled golf, shopping, arts and more. Live, work and play-something new is rising
on Old Tampa Bay.
In partnership with High Point Development, Cortex Resort Living is proud to offer the
new standard in elegant living across three acres on legendary Rocky Point Island,
embracing sophisticated, open floor plans, awash in natural light and the most luxurious
amenities imaginable. Reserved, covered parking leads to high speed elevators and 108
residences ranging in size from 1,500 square feet to more than 4,300 square feet
Accommodations incorporate retail establishments, guest parking, and a business center,
accounting for what will become the region's most talked-about residence, offering the
finest features, services and amenities.
Harbor House Sporting Luxury and Convenience
For centuries, seafarers from across the globe have found port in the friendly waters of
Key West Harbor. From pirates to presidents-steamships to shrimpers, after long
journeys at sea it was this course that showed the way home. Now, this legendary
waterfront, both lively and quaint-will have its own house to call home. Harbor House
will spring to life along Lazy Way with 32 exclusive residences appointed in classic Key
West style and detailing. With no less than 2,000 square feet each, the homes feature
three bedrooms (master and junior master suites), front and back porches and from nearly
all floor plans, views of either Old Town or the lush, Harbor House pool amenity. Each
residence enjoys two and a half stories, capped offwith a turret design reminiscent of
classic widow's walks, where a wet bar calls for nightly views of the famed Key West
sunset Corner homes are designed with a Queen Ann element, featuring a fully enclosed
room and harbor views. Planned on nearly two acres-the last parcel of developable land
in Old Town-Harbor House overlooks the legendary harbor in one direction and, in the
other, is a mere two blocks from bustling Duval Street. The project is designed by long-
time Key West architect Peter Pike, who specializes in renovating historic island homes.
"J went around the neighborhood and eclectically gathered parts and components of
existing historical buildings and brought them together in a collage," says Pike. "And
respecting the social concept of Key West, we kept parking remote from the structures,
encouraging residents to participate in the walking and bicycling that is indigenous to the
island!'
Playa Cristal
Step aboard and set sail to the south, where the pages of time turn back to the richness
and splendor of Havana at its height Hemingwais Cuba. A balance of masculine life
spent outdoors and the romance of Latin culture on the beach. This exotic, forbidden
fantasy comes to life at landfall on the legendary isle of Key Largo and Playa Cristal, a
residential resort featuring the exclusiveness of private living, and the lush amenities of
resort life. From the moment you pass through the historic arched entrance on u.s. 1, the
eye is drawn to the Gulfs shimmering horizon beyond Portales, a series of portals that
choreograph your emotions and frame the legacy of these 12 tropical acres: the crystal
white sands of the most picturesque beach in the Florida Keys and, by extension, the
world. Along nearly 800 feet of beachfront a series of balustrades create comfortable
amphitheatres that guide you to the beach by day and beckon you to sit at night. For here,
The Sun Also Sets, each evening, in a dramatic bow unequaled in splendor. Our hub of
activity is La Floridita, a lavish pool reminiscent of the historic clubs of Havana, with a
restaurant and bars just steps away from an infinity-edged pool wrapped by twin
staircases--a grand entrance to the beach. Every aquatic whim is at your fingertips in this
fishing, boating and diving paradise, minutes from the first undersea park in history, John
Pennekamp, home to the only living coral reef in the continental United States. Seafarers
find a welcome port at the end of our wood-planked dock, where twenty slips stand ready
to moor your personal boat or yacht. This luxury life is limited to less than 100 fully
furnished units, distinguished by five identities:
Quinta Bungalow or Suite-Tucked into the thick preserve of a natural Florida hammock,
the ultimate in secluded living.
Casa Fuentes-A neighborhood of cottages centered on gardens and water features as an
expression of the beach.
Marquesa- The height of community living, organized about a traditional Cuban courtyard
that transforms into a tidal pooL
Casa Grande-The Big House, reminiscent of grand Havana architecture. Opulent and rich
of detail with stunning sunset views from every balcony.
Casa Aqua-Beach cottages where your front yard is Playa Crista! and the Bay of Florida.
Each unit at Playa Cristal is built to the exacting standards of Cortex Communities, with
unsurpassed attention to detail and state of the art appointments expected of luxury
lifestyle living. In its Golden Age, Cuba was known as the Pearl of the Antilles. Nearly a
century later, Hemingway's Cuba is alive again on the Pearl of Key Largo. Playa Cristal
Angler's Reef Islamorada
Your island home, located in the heart of the Keys, mid-way between Key West and
Miami, this private, gated community offers exclusive intimacy. Residents can stroll
quaint streets and walking paths through lush, native landscape. More than 500 feet of
Caribbean beachfront frame a garden plaza and spectacular infinity pool area, located just
steps away from 36 protected deep-water boat docks. The community is limited to just
fifty-two single family homes showcasing spectacular ocean views, each crafted in the
style of Native Conch and the British West Indies, adorned with tin roofs and gingerbread
trim - the look and feel of a cozy, Caribbean fishing port. With so many activities and
destinations, Islamorada and the Keys are synonymous with island leisure, recreation and
incomparable beauty. Three miles to the south is famed Alligator Reef, and just north of
Islamorada, lies the only living coral barrier reef in the Continental U.S., teeming with
the world's most sought-after game fish, an area nobly touted as liThe Sport Fishing
Capital o[the World. II Events vary from national boating and fishing events to cozy book
readings and local theatre - you will discover world-renowned seafood, cool island music,
and warm friendly faces as you brows the nearby art galleries and shops.
Angler's Club Historic Boca Grande
Tucked away in a quiet, deep-water cove beside one of Florida's best-preserved barrier
islands, Angler's Club is the perfect place to call home. With the Gulf of Mexico on one
side and a natural hardwood hammock on the other, you're just minutes away from
world-renowned fishing and championship golf, white sandy beaches, and wilderness
walks. Just across the bridge from Angler's Club lie Gasparilla Island and the historic,
well-heeled village of Boca Grande where you can dine and shop.
This private, gated community features 32 luxury waterfront town homes and 18 stand-
alone residences, plus one 6,OOO-sq.ft. eclectic signature home. The look is Key West
"Conch" clapboard facades in traditional tropical shades, gables and shutters, gingerbread
trim, tin roofs, expansive porches, and white picket fences. Every town home has its own
deep-water dock and for everyone to enjoy, there's a 1,000-foot-Iong boat dock walking
promenade, a clubhouse reminiscent of old Florida fishing camps, and a lagoon-style
pool with cabanas, all set against a backdrop of lush tropical flora and fauna.
A Mecca for sport fishermen, the surrounding waters teem with many varieties of
saltwater game fish, including snook, redfish, grouper,
9. Project References
a. Mr. Dale Bittner
Branch Banking and Trust Company
1010 Kennedy Drive
Key West, Florida 33040
(305) 2923842
Mr. Bittner's bank provided the financing for King's Pointe marina and for the Coral
Hammock residential project. The financing for both projects were successfully
completed and both projects have been either completed or are under construction. The
financing for Coral Hammock was complete in 2003 and that for King's Pointe complete
in 2005.
b. Mr. John Favret
Vice President
Wachovia Bank
100 South Ashley Drive
Tampa, Florida 33602
(813) 276 6632
Mr. Favret's bank provided financing for the Playa Cristal and Angler's Reef projects.
The financing was successful and Playa Cristal is under construction and Angler's reef
will receive its first certificate of occupancy in mid June 2007.
10.Litigation
Answers to questions posed by the County as item E of Bid proposal related to
bidders experience with litigation.
a. item a : No
b. item b : No
c. item c : No
d. item d : No
11. County Required Forms - attached
12.0ther Attachments
1. Conceptual site plan for Hickory House Redevelopment
2. Approved development order for King's Pointe Marina - Planning
Commission Resolution P21-07
PROPOSAL FORM
The Purchase price is: $3.11'vlillion Dollars ($3, 100,000.00)
The Commitment to the non-purchase price conditions shall be met hereunder as follows:
A. Public Access
On-site X
Off-site
X
Describe the extent of the access and how and where it will be provided: The proposal is
centered on the incorporation into the King's Pointe marina immediately to the west. Please
see the attached initial conceptual plan for the integration of the two sites .TIle public will have
the opportunity for public access at both sites. First the King's Pointe Marina will allow the
public to access its boat ramp as required by the County development order approving the
King's Pointe marina. (Attached). As required by the request for bid, King's Pointe marina is
described as lots 1,23 and adjacent bay bottom, square 60, part lots 1,2,3 and adjacent bay
bottom, square 61 part Maloney Avenue vacated and filled bay bottom adjacent to Maloney
Avenue, and part adjacent parcel; unit ;-4, ;-6, j-ll, j-12 and 5/52% common elements
Oceanside east dry storage condominium, Stock Island, Monroe County, Florida having real
estate numbers 00127420.000601 through 00127420.000675,00127440.000100 through
00127440.002500,00127420.000000,00127420.000100 and 00127430.000101 through
00127430.000211, at approximate mile marker 5, whose street address is 5950 Peninsular
Avenue, Key West, Florida 33040. The development order provides that the public will have
access to the boat ramp and the charter boats using the ramp and marina from one hour before
sunrise to one hour after sunset. In addition the public will have access to the bathrooms
serving the boat ramp. At the facility to replace the Hickory House there will be approximately
15000 square feet of commercial space for marina and waterfront related businesses to serve
the public and the users of King's Pointe marina. The uses expected at the new facility will be
boat sales, marine engine repair, fuel sales, bait and tackle shop, boat rentals, ship's store
providing sale of items related to boats and water usage, snack shop selling food related to use
of boats and the enjoyment of the waterfront. In addition there is planned an expansion of the
existing docks at the Hickory House to provide an additionaJ 18 wet slips. Finally parking will
be provided to County standards for the uses on site.
For the purposes of identifying the cost other than the bid price required by the RFB, the
waterfront/marina services provide by the lessees and at the bait and tackle shop, including the
fuel sales will be at prevailing retail sales prices. Two components of the public access
requirement are boat-launching fees and fees for sewage holding tank pump-out. The
following fees are proposed with an annual adjustment using the South Florida Consumer Price
Index, adjusted for Monroe County, not including the cost for housing:
Boat launch fee
$20.00
Sewage holding tank pump-out fee
$25.00
B. Store:
Describe tJ1e type of facility and how and where it will be provided: The ships' store component as
described above will provide bait and tackle, fuel sales, boat rentals, food and provisions and items
related to the use of the boats and waters of the marina and this site. Bathrooms for the public
using this site will also be provided. The building providing these services will be placed
immediately adjacent to the shore and is programmed at approximately 2500 - 4500 sq. ft. in size.
The store will have operational hours consistent with this type of use - from before sunrise to
after sunset consistent with the public's operation of boats on the water.
C. WorkForce Housing:
Describe the type of structureCs) and how and where it (they) will be provided; The principals
of King's Pointe Marina IlL, the bidder own the right to five (5) Rate of Growth Ordinance
(ROGO) exempt affordable housing allocations derived from the approved and constructed Coral
Hammock development on Stock Island which by that County approved development order may
be transferred to any appropriate location in the Lower Keys Planning area as affordable housing
units as defined by County Land Development Regulations. The proposal is to transfer these
ROGO exempt to the Hickory House site and to integrate them as second story units into the
proposed marina related conunercial space as second story units. The units will one and two
bedroom units, which meet the size and income restrictions of Monroe County code, and will be
deed restricted for that use.
ACKNOWLEDGEMENT:
J acknowledge receipt of Addenda No. (s) .1-
I have included page 23 through 26 of the Proposal which entails the Proposal Form ~ the Non-Collusion
Affidavit .......- and the Lobbying and Conflict of Interest Clause ~ and the Drug Free
Workplace Form ~ In addition, I have included all requirements as stated in
Section One, Article 1.04 Paragraphs A and B.
(Check mark items above, as a reminder that they are included.)
Mailing Address: lil5" M.a.rb~\ft r\a~ J)ri\!t2.>
~PPtf F/bt'I4a 33 ID Telephone:BI3.lo~o. D4e l
Fax: h13. bb3 . D~3
"-j-CA-
Signed:
~~~
t.1, , f:\ ' ,
/. {. Vl~ 1.1.y UJ I f1 f' (Xcry-
(ritle) .
~'JI'
l~ ,.~ Kare~ D. Werner
~:-l . :.: Ctm:'ll1Ission # 00531904
'.r.ft.i~ ExpIres July 1, 2010
llor.dodT"W~1.\1 ~.III< ~7Olg
My Commission Expires
1-1 - lD
SWORN STATEMENT UNDER ORDINANCE NO. 1O~1990
MONROE COUNTY. FLORIDA
ETI.'!..CS,fe
51(.Jcn .
Ki~ Ii lJ\Nrl Jf)~ ~ warrants that he/it has not employed, retained
or otherwise had act on hislits behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 ofOrwnance No. 10-1990. For breach or violation of this provision the County
may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or employee.
~Al~:;
Date: to - 1 - D=t-
STATE OF JIoRJDft
COUNTY OF Monrb a-
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
-..E'IJ~ Ai-uJtl t who, after first being sworn by me, affixed his/her
signature (name of individual signing) in the space provided above on this l.aJ::: day of
JUVlt-- , 201'il:
NOTARY PUBLIC
My commission expires: "-+ - ! - t 0
OMB - MCP FORM #4
iWi~~~ Karen D. Werner
~~ j.~ CommiSSion it 00531904
-.q:r.'nJ,'r:.~ Expires July 1, 2010
"70,. ilon<Io<lT..,F... 1_.1IIe ~70'9
NON-COLLUSION AFFIDAVIT
~ Eum+r A1wJ\ OfthecityO~I~a: 8DV1~
according to law on my oath. and tmder penalty of perjury, depose say that:
[am ~n1~~
Ofthefinn~f .) 11" Mwnn-~, LLG
\ (
!be Bidde< miling the ~'''!be proj<ot d=ribed W the Notke fa< Calling"" bid> fa<,
Ill.! \'C..ha."L tf \..helrory DUS/' J fID ?trTy
and that I executed the said proposal willi full authority t do so;
1.
the prices in this bid have been arrived at independently without coUusion, consultation, communication or
agreement for the pw:pose of restricting competition, as to any matter relating to such prices with any
other Bidder or with any compctitor;
unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly
disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to bid opening,
directly or indirectly, to any other Bidder or to any competitor; and
no attempt bas been made or will be made b the Bidder to induce any other person, partnership or
corporation to submit, or not to submit, a bid for the purpose of restricting competition;
5. the statements contained in this affidavit are true and correct, and made with full
knowledge that Monroe County relies upon the truth of the statements contained in
this affidavit in awarding contracts for said project.
a~~~
STAlE OF: ~(l>R.JDfT
COUNTY OF: -1V\pnroL
Co - t'D 1
(Date)
PERSONALLY APPEARED BEFORE ME, the nndersigned authority, fV e.xdt- A-t,JJIL!. {
who, after fi~~il}g sworn by me, (lllUlle of individual signing) affixed hislher signature in the space provided
above on this 4G" day of ....J.ut\L 20-C3:::
//~~~
~NO PUBLIC '-_
My Commission Expires: T - t - {D
:.0"
~ Karen D. Werner
~k~ l;i Con-.mssion # 00531904
..r.tlr.~ ~1feS July 1, 2010
l'Io,flOl ~.Io< ~g
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
~~ 'lh,nre., MllrlIlCl, LLt..-
I (Name of Business) C
I. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or
use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against
employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-
free workplace. any available drug counseling, rehabilitation, and employee assistance program5, and the penalties
that may be imposed upon employees for drug abuse violations.
3. Give each employee engaged in pmviding the commodities or contractual services that are under bid a copy of
the statement specified in subsection (I).
4. In the statement specified in subsection (I), notify the employees that, as a condition of working on the
commodities or contractual services that are und~T bid, the employee will abide by the terms of the smtement and
will notifY the employer of any conviction of, or plea of guilty or Ilolo contendere to, any violation of Chapter 89J
(FI<lrida Statutes) or of an)' controlled substance taw oftbe United States or any state, for a violation occulTing in the
workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program
if such is available in the employee's oonummitYr or any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through implementation ofthis section
As [he person authorized to sign the statement., I certify that this firm complies fully with the above requirements.
STATE OF f\Drida.
COUNTY OF ~nl(E)~
/P-l-Dl-
Date
PERSONALL Y APPEARED BEFORE ME, the undersigned authority,
bLQXdt M oJ \ who, after first being sworn by me. (name of
individual signing) affixed@/her signature in the space provided above on this
~dayof ,\UrlL .2001--.
My commission expires:
,~~,
E1"di.,.\. Karen D. Werner
~\~ i*~ Commission # DO
.~~.~ Expires July 1 2 531904
~l7im ~dT. , 010
"'r Fo", I........ "'c aoo..3BH01~
T . d
,/'
x~u .l3['~3S8'1 dH
WdLS:21 L002 80 ~ew
ACORQT1l CERTIFICATE OF liABILITY INSURANCE j DATE (MWDOIYY}
6/4/2007
PRODUCER Acardia THIS CERTlF[CATE [S ISSUED AS A MATTER OF INFORMATION
3225 Aviation Avenue Suite 400 ONLY AND CONFERS NO R[GHTS UPON THE CERTIFICATE
HOLDER. THIS CERTlF[CATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
Coconut Grove FL 33133
(305} 443-4886 INSURERS AFFORDING COVERAGE
mSURetl INSURER A: Northern Assurance Co Of America
Kingspointe Marina, LLC. INSURER B: Great American Ins CO
INSURER C: Bridgefield Employers Insurance Company
5950 Peninsula Avenue INSURER 0: Citizens Property Insurance Co
Key Westj FL 33040 INSURER E; Fidelity National Insurance Co
COVERAGES
THE POLiCIES OF INSURANCE llSTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR WE POUCY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY WE POLICIES DESCRlBEO HEREIN IS SUBJECT TO ALL 1'HE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE UMrrS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
Il~iN TYPE OF INSURANCE POLICY NUMBER "8~MWDDIYVi PRkWI~~N UIIlTS
~ERAL LIABILITY EACH OCCUflRENC~ $. 1,000,00
X COMMERCIAl. GENERAl. UAIlIl..ITY FIRE DAMAGE (My 0110 foro) $. 100,00
I CLAJMSMADE 0 OCCUR t.IEO EXP (Nry ~ P!'f$On) $. 5,00
A NSJH22561 6/23/2006 6/23/2007 PERSONAL & /lDV INJURY S 1,000,00
X Marina Liab GENERAl AGGREGAlE S 2,000,00
- 1,000,00
~L AGGREn twIT APnS PER: PRODUCTS - CQMPIOP AGG $
POLlCY ~f2i LOC
~TOMOBILE UABlLITY COMBINED SINGLE LIMIT $.
/\NY AUTO CEllo_I)
I--
ALL OWNED AUTOS BODILY INJURY
I-- $
SCHEDULED AUTOS (Per poro<:>n)
i--
I-- HIRED llLiTOS BODILY INJURY
$
NON-OWNED AUTOS (Per acc>donl)
I--
I-- PROPERTY DAMAGe: $.
(P.... accldent)
lGEuP.8IUTY AUTO ONLY -EAACClOEtlT $.
A1f'f AUTO OTHER THAN EAACC $.
/lUTO ONl. Y: AGG $.
EXCESS UAalUTY EACH OCCURRENCE S l,OOO,DO(
t!J OCCUR 0 CLAlMS MADS AGGREGATE $. 1, ODD, oDe
B OMHS83-28-04 6/23/2006 6/23/2007 $
MDSDucnaLE $
X RETE!ITrON $. 10,000 $.
WORKERS COMPelSAllON AND X'TooY'lfMWsJ IOJlt
EMPLOYERS' UAfllLfTY E.L EACH ACCIDENT $. son,oo(
c 83032799 11/1/2006 11/1/2007 E.L DISEASE.. EA EMPLOYEE $. 500, oDe
E.L DtsEASE.. POLICY LIMIT $. soo,ooe
OTHER SEE ATTACHED
D wind Coverage - Citizens 1390524 6/28/2006 6/28/2007 COVERAGE
BREAKOUT
DESCRIPTION OF OPERATIOMSlL0CAl1ONSNEHICl..ESIS(CUISlONS ACDED BY SNDORSEMENTlSPECIAl. PROVISIONS
See Supplementallnfonnation Pagels)
CERTIFICATE HOLDER I 1 ADDlTlONAL INSURED; INSURER lETTER: CANCELLATION
SHOULD ANY OFlllEABOVE OESCRIBEO POUClES BE CANCEll..ED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MA.Il. ~ DAYS WRlT1'"EN
NOTICE TO THE camFlCATE HOLDER NAMED TO THE lEFT, BLiT FAILURE TO 00 so SHAl..t.
IMPOSE NO OBUGATION OR UA.S1UTY OF ANY KINO UPON THE INSUR!1R, ITS AGENTS OR
REPRESENTATIVEs'
AUT>>ORlZED REPRESENTATIVE
I
ACORD 25-S (7(97)
. ~ ~.... .;
r ", ~ PIlAt. 'II! no n_ _.. ~H:.HT? n-"'I'D 1...., I f,,:;^'"
@ ACORD CORPORATION 19BB
PFvl.O.:
.,,~t~~:~l~~;~}~;}.~,;j)~~~~r~::";::l"l; ~w,<~!-;.. : '~:~;>.~~?:f'''' 'Ot~(i~~1
: PHlXIE
1U'PUCA1lT(FiI'<lI n.,""'<lIm;un<l) (A,h::,Mp,ExlL__._ ...
Acordia
Kingspointe Marina, LLC.
3225 Aviation Avenue Suite 400
Coconut Grove
FL
33133
5950 Peninsula Avenue
~ Key West
FL
33040
CODE: . SUB CODE:
.......,.._ ~ ~e ~. ~__ ..__._r~<___._._, ...._
..-...-.---l EFfECTIVEDATE . EXPIRATION DATE, COJ?l.AN
!
.. '0___' ". ., . __._,.__. ..
AGENCY CUSTOMER fO : POUCY NUMBER:
:ACCoUNT NUIiBER:-
twEXAIIlJN"'~1,R;,I\ I i\.I"~\fj,lIlt;LI:~('(C~lON'" AUUC:U .n HI1 iN...."",.", '''~t:'-'''L 1'HIJ1m>IV<'l"
E] Flood Insurance Coverage
1) Pol. No. 99021060552005
2) Pol, No, 99021060732005
3) Pol. No. 99021060872005
4) Pol. No. 99021061062005
5) Pol. No. 99021061182005
as per the National Flood Program:
06/23/06 to 06/23/07 $500,000 Bldg.
06/23/06 to 06/23/07 $500,000 Bldg.
06/23/06 to 06/23/07 $246,400 Bldg.
06/23/06 to 06/23/07 $157,200 Bldg.
06/23/06 to 06/23/07 $329,000 Bldg,
$120,000 Cont.
,?120,OOO Cont.
$ 11,000 Cont.
$ 55,000 Cont.
$105,000 Cont.
Restaurant
Boat storage
Bathhouse
Tackle Shop
Serv. Shop & Off
Marina Operators Legal Liability $1,000,000 Any One Vessel, $1,000,000 Any One Occurrence.
$2,500 Ded_
Protection & Indemnity $1,000,000 Anyone Occurrence.
Scheduled Tools & Equipment: 2001 Wiggins Froklift $186,000 Value Oed. $2,500
1997 Taylor Forklift $144,231 Value Oed. $2,500
.' """"~~~'I"" MilATIOil:i"Ar-..a'~~ iCOiiJ~ . "im'S::if'" ,eX "'"","",,~d~'~"~""':~~~
,I .1 F '. P... ~Cf' .. " '11.' ""':J!],"'it,'.',~,~ati';. "';":]#. '1',,:,"Id: ' .0 . .. .
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or aHer the coverage afforded by the policies listed thereon.
ACORD 25-5 (7197)
PJ:'....1 n
,~ A~2~~J$I.(~,E~'1~1"F"Jl:',.: _ o;74{i~;j
THIS IS EVIDENCE THAT INSURANCE AS IDENTIFIED BELOW HAS BEEN ISSUED, IS IN FORCE, AND CONVEYS ALL THE
RIGHTS AND PRIVILEGES AFFORDED UNDER THE POLICY.
PRODUCER PH t4a Ext: (305) 443-4886 COMPAm'
Wells Fargo Insurance Services Southeast, Inc. Scottsdale Ins Co
3225 Aviation Blvd.
Miami
FL 33133
Commercial Property
CODE:
A
CUSTOMeR 10 ;1;
INSURED
KINGSPOINTE MARINA, LLC.
SUB COPE:
5950 PENINSULA AVENUE
KEY WEST, FL. 33040
El"FECllVE DATe
6/23/2007
POUCY NUMBER
LOAN NUMBER
CFS0196976
6/23/2008
CONTINUED UNTIL
TERMINATED IF CHECKED
THIS RB't.ACES PRlOR EVJDENCE DATED;
I
-r6fJHoot't-~~f~nrl~~~~".~'~:.~~;,,_!~.,.~; ~'~;~~L;J'--\" - J .:: {~- '~.':'.:~ ,::~.~~~~..'~. ~~':{:~~~~~=~!~}~y,,~:~.~~~(;.:"~}~~.4;~~}~.3~, :3~t~~~.!.;~ al.: ...~';~~~::~ _~~~~'>:,'t~~ ~?:.r:,'~!~~~~i. '~:::,:~<:~,~:.~->!~;.~;:>, ~~~ f~~~
LOCATlONIDESCRlI'iION
5950 PENINSULA AVENOEr KEY WEST, FL, 33040
:.~~~ "-~ . . ~"'\.:~~ .1:J>>i~~Ei.~~~',:::::~..'~;,' ~:itri"~[a:-;~:~*:~~:~1t:tt~~~t-q~~f1::l~~~~~~f~~;~:,~'L~~:~r~;?;1~~~~~'~~~;~:~,~":'1~i~:~'~: '~~ ,~:)i!~~jl~?;J.~t~~~~:: ~;:;:'~~~;7i~4
Building
COVEAAGElPERlUIFORUS
Replacement Special (Including theft)
Cost
AMourrr OF INSURANCE
DEDUCllBt.E
3,587,000
5,001
Business Personal Property
Incl Stock
Replacement Special (Including theft)
Cost
945,000
5,001
>~"rl~l~'.~~t~~~?;j~i~li~1f~f~;~t(~~;_:: _ ~~~~;~~ &~~~E~:~~~~E~:l>!.c~~~~~::~.
::;~I'~'-I~li~;',~:~~'~ .~~}.ri~~~~:f~~~~~l"~' ...h"
See Supplemental Information Page(s)
;.9~*rft~rfQMc' , ..~~:{~:~:-:;:-~;':"',{. :_i;. .. .-,~~~; )~:-' c:.o", ::;,:~_-~~~~l~~'~_:i~.~~~~.}..;~-;~:~tt:~~;{;,~~',<;,'",;:\;\,?j~~-q::i~.i:-i~~.~~i'%~{\~:!.:'~:"_. ~.~ '. ': :._~.,~ ~)~~~~. --,' ~;;ti;-:~~~~ _.:< :~-',~C..: ~~-~: '~'~':~ ',.
THE POLICY IS SUBJECT TO THE PREMIUMS, FORMS, AND RULES fN EFFECT FOR EACH POLICY PERIOD, SHOULD THE
POLICY BE TERMINATED, THE COMPANY WILL GIVE THE ADDiTIONAL INTEREST IDENTIFIED BELOW 30 DAYS
WRITTEN NOTICE, AND WILL SEND NOTIFICATION OF ANY CHANGES TO THE POLICY THAT WOULD AFFECT THAT
I.NIERESTcltlACCORDANCE wrlli..JHE POLlCY PROVISIONS OR AS REQUIRED BY LAW.. . u. .""_~
I~~"'?"" ':,;'!;';'if;,"t"",!',~~?J;', .,-"'i;;m!~!~,*1j;'-"i, :~~:~;",..,' '" ';'""V)'~
LOSS PAYEE
lOI\N#
AUTHOJUZeO REPRESENTATIVE
\ ~ i~
I , ,
JtqQiiti 21':.~t ~,;.~~!:~~.<i ;~,:~~'..:.,_; <~E.~~)~>~..~1t.i:~S:.~~~~::;. . ~~';~.,
:2;~.;~:~':J;::>:~~~ffi~cc .
. ',; @J\CdRb':~4~
-:. _ ~ " '.___,.,. _. . c::::~ "~.".'.
's:
JfLc.
PROOUCE;R
; APl'UCANT (F.....t Homo<! lM"fed)
,E~J~:i$~~~~f?~f~f~._ '.. 6!'4li20~
Wells Fargo Insurance Services
Southeast, Inc.
3225 Aviation Blvd.
:KINGSPOINTE MARINA, LLC.
Miami
FL
33133
.5950 PENINSULA AVENUE
jKEY WEST, FL. 33040
,
coo=:,
AGENCY CUSTOMER In
~.___....~.,_.< _< _..-....--.--,-'"'.'... "._'~-+,-.....,..."o-.-""",_'" ._. ,..__......., c+~
\ EA'ECTTIIE DATE , EXPIRA.l1ON DATE COIPLAN
.-.. .. suacoci"" .----i 6/23/2007 ; 6/23/2008 Scottsdale Ins Co
, ... "_"1_..__, . .__.__L..... --.... . .......--..-.. .
I POuc.YNUMsm CFS0196976
IA~;8ER:- . -...-."...-.-.-.... . .. .......-
~.@:M. ji~ng $~l-~~r[~:~;:.~,~~c~} ).~d~~<~~:~~~~~~.~;-~t~;.~i~:.~~~r~';:~ ;~~t~~T";~~1S.?/,\~~;~~(:,~t~~{~r~~_:~:; ~;;~~'~~>.~~.~..:~ i~'~.~; -~- . ~ :~;~':;l~5~jt: " ':. '. ;"\:I-!%1~~.'-:'.
PLEASE SEE SCHEDULE BELOW:
BOILDING:1
BUILDING: 2
BUILDING: 3
BUILDING: 4
BUILDING; 5
BUILDING: 6
BUILDING: 7
BOAT STORAGE
SERVICE OFFICE & STORAGE
DOCKMASTER'S OFFICE
BATH HOUSE
TACKLE SHOP
RESTAURANT
OFFICE
$1,200,000
$ 380,000
$ 15,000
$ 100,000
$ 150,000
$ 850,000
$ 892,000
BPP $120,000
BPP $100,000
BPP $ 5,000
BPP $ 20,000
BPP $ 50,000
BPP $100,000
BPP (INC. RENTAL) $250(000
BPP (INC. RENTAL) $ 50,000
BPP (INC. RENTAL) $ 80,000
:r -:~ .... to f
n'b
.,. ~ N.r
=ACILlTlES
)R
I'IACHINES
rYPE OF
3US1NESS
3USINESS
\OORESS
-lAME
vlAfUNG
\ODRESS
Gl
2005-2006
OCCUPATIONAL TAX
STATE OF FlORIDA
ACCOUNT
47142-0060
MONROE
ROOMS
SEATf>
11-15
MUST BE DISPLAYED IN CONSPICUOUS PLACE
EMPLOYEES
EXPIRES
SEP T. 30... 20
~~E~~~~~~It'%A'fED RAO' NSIOSEX I). HEl\lfUQM~Z TAX COLLECTOR
r 1129~ KEY WEST FL 33041-1129
47142 MARINAS & STORAGE
5950 PEN,fNSULA AVE
00 - COU'N1'Y OF MOeNROE
OCEANSIDE MWRlNA
KINGS POlNJE MAttINA LLC
5950 PE$JN'SMLA AVE
KEY WE S T F'E' , 3.3040
pp 8527744
0000,000000 0000008000 0000471420060694 1001 1
SUPPLEMENTAL
RENEWAL . w~~
NEW TAX ........,.<::>.......,..>"!<"'!'=
TRANSFER ~.~ ~:;...~
ORIGINAL TAf.""--> .....~;;:.<;;>
"",$8' 80
.... ~m~
AMOUNT ~ .....'-!'>~o ....;~
PENALTY ~:;;;;~~-,zg
COLLECTION COSTg ~
TOTAL 5t '"
80,
THtS IS ONLY A TAX. YOU MUS
MeET ALL COUNTY AND/OR
MUNICIPALITY PLANNING AND
ZONING REQUIREI\~UtNTS.
;ILlflES
:::HJNES
'EOF
,[NESS
)fNESS
JAESS
AE
LING
JRESS
GJ
2005-2006
MONROE
OCCUPATIONAL TAX
STATE OF FLORIDA
MUST BE DISPLAYED IN OONSPIOUOUS PLAOE
EMPLOYEES
k~~~~~~~;~AT~O R,..:/j;o.1:lk.,.oS, € l)..'H:J,::f;!:R:.J;iQl!EZ . TAX C,QLLE C TOR
r Ii' 1\ 112'9j.<~ev ~ES T F L 3$041-1129
o 00000001lD'UOUl3aOl'O'OO '0.0'0048-21 OtHl6 0 6 9'5 100 1 7
ROOMS
SEAT',s
4 $2 1 0 RE T A.I L. ~'P';J,:?$
5 9;50 PE~Ifi.$UtAi\V~
00 - COI1N TYOfr1I)'!'l.ROE
OCt; AN'S IDJ;. tl!AR1~IYA. ".
KItiGS PQl'NT€ MAffINA LLC
5950 .PE:N;Ul.~HLA 'AVE
KEY WEST F[ 3304'0
pp 852B744
ACCOUNT
48210-00606
EXPIRES' .
SEA T. 30... 200,
SUPPLEMEN'fAl1; . '.; , ~i
ReNEWAL ..' " .. ",~.G
NEWTAX ~.";:'o;;..=i:;~
rR~SFER ~~= ~:nt:
ORJGlNAL TR<'--' ...~~'......
. ~~ 30.(
. ~Q,=
AMOUNT ~ . :;~~~
PttNALTY ~::~ ::
COLLECTJON'el5!ir"'Q ~
TOTAL .~ ~
30. (
TH.IS fS ONt Y.J\. TAX. VQU'l\tUST
t\dlS~1' ALL C~UNTY AN"tt.J/OR
MUNI,C.fP ALI1.vPlA:l1NINGAND
~ONfN:G 'REQlJIRSMitN.rS~
P!annin!! & Environmental Resources
Department
2798 O\'crscas Highway, Suite 410
Marathon, FL 33050
Voice: (305) 289-2500
FAX: (305) 289-2536
fF; ;-;;;0i 'W dii ~?f
Ij' Di i~ .:.~.Js;.Jl J!L
I )
IUl! MAY 1 7~ 2007
. , ,
: .." T~lf CR7:rt- GcfK~P/~~l~?--~"
~__~,~ + ,.u._ Kt'(.~{t~I~:L*. c._ _h
a._~,:d;
::-; {r \j
":~ll) i;
I" "
i i.~ d,
1--' ,
Board afCount" Commissioners
Mayor Mario Di Gennaro, Disl. 4
Mayor Pro Tcm Dixie Spehar, Dist. I
George Neugent, Dist. 2
Charles "Sonny" McCoy, DisC 3
Sylvia J. Murphy, Dist. 5
We strive to be caring, professional andfair
May 11, 2007
Donald Craig
The Craig Company
P.o. Box 970
Key West, FL 33041
RE: Kings Pointe Marina, LLC, Amendment to a Major Conditional Use Application
Dear Mr. Craig:
Enclosed is a copy of Planning Commission Resolu1ion P21-07 filed by Kings Pointe Marina, LLC, for an amendment to a major conditional
use permit; removing an existing maintenance, sales office & tackle shop (2,870 fP), bath house (1,232 ft2), warehouse (9,600 f12), dock
master building (660 fl2), and dry boat storage building (30,090 ft2); constructing thirty - two (32) new, attached market rate units tor
vacation rental use; adding two (2) new boat barns (53,040 ft2), Eight (8) Wet slips, a retail shopl dock masters office and bait house
including shower facilities (2,625 tF) intended for use by wet slip owners; constructing an outdoor bar addition (735 f12), flood proof storage
(2,160 ft2) under the existing former restaurant building; providing for a gated entrance; providing for conditions; all on property as
described herein. The Chair signed the Resolution on May 9, 2007, as a result of the Hearing held on April 11,2007. This document has
also been transmitted to DCA for their review.
The Planning Department is required by the Monroe County Code to record all conditional use approvals after the 3D-day appeal period has
expired. In your case, the appeal period will end on approximately June 8, 2007. Before the expiration of this period, you must send a
check to the Planning Coordinator in the amount of $69.50 payable to Danny L. Kolhage, Clerk of Circuit Court, and mail it to The Planning
Coordinator, 2798 Overseas Highway, Suite 410, Marathon, Florida, 33050-2227. The Planning Coordinator will then record the resolution
in the Clerk oftha Court's office.
We do not record the resolution until the 3D-day appeal period is up for the protection of the applicant If the Resolution was to be recorded
immediately upon approval, and an appeal modified the resolution, a new resolution would have to be issued and recorded. The resulting
two properly recorded resolutions could complicate and cloud the property title.
Please be advised that a building permit must be issued by the Monroe County Building Department prior to commencement of any
development or construction. If you have any questions, please do not hesitate to call me at 289-2522.
... . '.',,.*
.. .,.:{.:<!..:..:. '~,?; . ,".':
. . ~.r.. . .
Enclosure
cc: Kings Pointe, LLC
. ,.
n_," ._.
~ 0", '.
Plallnine & Environmental Resources
Del)artment
2798 Overscas Highway, Suite 410
Marathon, FL 33050
Voice: (305) 289-2500
FAX: (305) 289-2536
County of Monroe
Growth Management Division
'-;c:;"g.f-;\~.'
''''':~..' 1",-..~~~.~
.:..1.:.. '.-...~,
", _ r:.'"~:'t.". ..
'r"'\ r<:' '/'" I"" ~ \Ui ,,.,.. I 'I
Ii.. I~ II Ii" 1 WI !:o> 1'\\'
'! i ;r;-',.!;;,--~.\O?--"': -u ~.-'::;t..i( : I
II ,j, ! I !!
II'f'il MAY f 1f 2007 ~LJJ;1
i ~1 r .
~. ...........-----~.............._~~-
"-THE CRAIG COMPAf~Y
L_ .____n.!rr:{fs~I,!L..- _..... +'
'. -.~
We strive to be caring, professional alldfair
Board of County Commissioners
Mayor Mario Di Gennaro, Disl. 4
Mayor Pro Tem Dixie Spehar, Disl. I
George Ncugent, Dist. 2
Charles "Sonny" McCoy, Disl. 3
Sylvia J. Murphy, Dist. 5
May 11, 2007
Donald Craig
The Craig Company
P.O. Box 970
Key West, FL 33041
RE: Kings Pointe Marina, LLC, Amendment to a Major Conditional Use Application
Dear Mr. Craig:
Enclosed is a copy of Planning Commission Resolution P21-07 filed by Kings Pointe Marina, LLC, for an amendment to a major conditional
use permit; removing an existing maintenance, sales office & tackle shop (2,870 ft2), bath house (1,232 fP), warehouse (9,600 f12), dock
master building (660 ft2), and dry boat storage building (30,090 ft2); constructing thirty - two (32) new, attached market rate units for
vacation rental use; adding two (2) new boat barns (53,040 tr-), Eight (8) Wet slips, a retail shop! dock masters office and bait house
including shower facilities (2,625 ft2) intended for use by wet slip owners; constructing an outdoor bar addition (735 fl2), flood proof storage
(2,160 ft2) under the existing former restaurant building; providing for a gated entrance; providing for conditions; all on property as
described herein. The Chair signed the Resolution on May 9,2007, as a result of the Hearing held on April 11, 2007. This document has
also been transmitted to DCA for their review.
The Planning Department is required by the Monroe County Code to record all conditional use approvals after the 3D-day appeal period has
expired. In your case, the appeal period will end on approximately June 8, 2007. Before the expiration of this period, you must send a
check to the Planning Coordinator in the amount of $69.50 payable 10 Danny L. Kolhage, Clerk of Circuit Court, and mail it10 The Planning
Coordinator, 2798 Overseas Highway, Suite 410, Marathon, Florida, 33050-2227. The Planning Coordinator will then record the resolution
in the Clerk of the Court's office.
We do not record Ihe resolution until the 3D-day appeal period is up for the protection at the applicant. If the Resolution was to be recorded
immediately upon approval, and an appeal modified the resolution, a new resolution would have to be issued and recorded. The resulting
two properly recorded resolutions could complicate and cloud the property title.
-
Please be advised that a building permit must be issued by the Monroe County Building Department prior to commencement of any
developmenl or construction. If you have any questions, please do not hesitate to call me at 289-2522.
Sincerely, l /J
~~~uL..-
Nicole Pe1rick
Planning Commission Coordinator
Enclosure
cc: Kings Pointe, LLC
PLANNING COMMISSION RESOLUTION NO. P21~07
A RESOLUTION BY THE MONROE COUNTY PLANNJNG
COMMISSION APPROVING THE REQUEST BY KJNGS
POINTE MARINA, LLC, FOR AN AMENDMENT TO A
MAJOR CONDITIONAL USE PERMIT; REMOVING AN
EXISTING MAINTENANCE, SALES OFFICE & TACKLE
SHOP (2,870 FT2), BATH HOUSE (l,232 fTZ), WAREHOUSE
(9,600 FT2), DOCK MASTER BUILDING (660 FP), AND
DRY BOAT STORAGE BUILDlNG (30,090 F'P);
CONSTRUCTING THIRTY - TWO (32) NEW, ATTACHED
MARKET RATE UNITS FOR VACATION RENTAL USE;
ADDING TWO (2) NEW BOAT BARNS (53,040 FP), EIGHT
(8) WET SLIPS, A RETAIL SHOPI DOCK MASTERS OFFICE
AND BAIT HOUSE INCLUDING SHOWER FACILITIES
(2,625 FP) INTE1\lDED FOR USE BY WET SLIP OWNERS;
CONSTRUCTING AN OUTDOOR BAR ADDITION (735
FJ2>, FLOOD PROOF STORAGE (2,160 FT2) UNDER THE
EXISTING FORMER RESTAURANT BUILDING ;
PROVIDING FOR A GATED ENTRANCE; PROVIDING FOR
CONDITIONS; ALL ON PROPERTY LEGALL Y
DESCRIBED AS LOTS 1,2, 3 & ADJ BAY BOTTOM,
SQUARE 60; PART LOTS ] ,2,3 & ADJ BAY BOTTOM,
SQUARE 6] PART MJ>..LONEY AVE VACATED & FILLED
BAY BOTTOM ADJACENT TO MALONEY AVE, & PART
ADJ PARCEL; UNIT J-4, J~6, J-9, J.ll, J-]2, & 5152%
COMMON ELEMENTS OCEANSIDE EAST DRY STORAGE
CONDOMINIUM, STOCK ISLAND, MONROE COUNTY,
FLORIDA HA VING REAL ESTATE NUMBERS
00127420.000601 THROUGH 00127420.000675,
00127440.000100 THROUGH 00127440.002500,
00127420.000000, 00] 27420.000100 AND 00127430.000l 0]
THROUGH 00127430.00021 I, AT APPROXIMATE MILE
MARKER 5.
\VHEREAS, during a regularly scheduled public meeting held on April 11, 2007, the
Monroe County Planning Commission conducted a review and consideration of the request filed
P2J-07
Kings Pointe Marina
Amendment to a Major Conditional Use
Page I of8
by Kings Pointe Marina LLC for an amendment to a major conditional use pennit pursuant to
Monroe County Code (MCC) S9.5~69; and
WHEREAS, the Applicant's predecessor in interest obtained a condltional use pennit for
this property pursuant to Planning Commission Resolution P52-97 signed August 18, 1999 for
the construction of twenty-two (22) attached pennanent market rate dwelling units; one (1)
swimming pool; a 372 IF pool house; a 120 iF observation gazebo; a 22,000 fF boat storage
building; a 435 fF addition to an existing 225 ft:;! dock master's office; a 1,670 ft2 addition to an
existing tackle shop and a 2,485 ft2 addition to an existing restaurant; and
WHEREAS, the Applicant is proposing to amend the Conditional Use in order to
REMOVE an existing maintenance, sales office & tackle shop (2,870 ft2), bath house (l,232 fF),
warehouse (9,600 fF), dock master building (660 iP), and dry boat storage building (30,090 112);
and CONSTRUCT thirty - two (32) new, attached market rate units for vacation rental use; add
two (2) new boat bams (53,040 iF), Eight (8) Wet slips, a retail/ dock masters office and bait
house including shower facilities (2,625 IF) intended for use by wet slip owners; an outdoor bar
addition (735 jf); flood proof a storage area (2,160 ft?) under the existing vacant restaurant
building, privatize a new operational restaurant and provide a gated entrance; and
and
WHEREAS, the subject property is located at 5970 Peninsular Avenue, Stock Island;
WHEREAS, the above described property is located in the Mixed Use (MU) land use
district and has the corresponding Mixed Use/Commercial (MC) future land use map
designation; and
WHEREAS, the item was heard at a regularly scheduled meeting of the Development
Review Committee on March 19, 2007; and
WHEREAS, the Planning Commission was presented with the following evidence,
which by reference is hereby incorporated as part of the record of said hearing:
1) The Application for an Amendment to a Major Conditional Use received by the Monroe
County Planning and Environmental Resources Department, including the plans and
surveys listed in attachmenl A;
2) The staff report prepared by Julianne Thomas, Planner dated April 2, 2007, with
attachments, said attachments including a Chapter 380 Agreement between Overseas
Redevelopment Company, Monroe County and the Florida Department of Corrununity
Affairs, and a Memorandum dated March 10,2007, to Andrew Trivette, Acting Director
of Growth Management from the County Attorney;
3) The sworn testimony of the Growth Management Division Staff;
4) The sworn testimony of the Applicant and Applicant's witnesses;
5) Sworn testimony by the public;
6) Exhibits provided by the Applicant; and
P21-07
Kings Point/: Marirnl
Amendment to a Major Conditional Use
Page 2 ofg
WHEREAS, the Planning Commission heard argument and explanation from Tim
Koenig, attorney for the Applicant; and
WHEREAS, advice and counsel were provided by Susan Grimsley, Assistant County
Attorney and by John Wolfe, Attorney for the Planning Commission; and
WHEREAS, MCC ~ 9.5-65 provides the standards which are applicable to all
conditional use permits which are as follows;
Sec. 9.5-65. Standards applicable to all conditional uses.
When considering applications for a conditional use permit, the director of planning and the
planning commission shall consider the extent to which:
(a) The conditional use is consistent with the purposes, goals, objectives and standards of the
plan and this chapter;
(b) The conditional use is consistent with the community character of the immediate vicinity
of the parcel proposed for development;
(c) The design of the proposed development minimizes adverse effects, including visual
impacts, or the proposed use on adjacent properties;
(d) The proposed use will have an adverse effect on the value of surrounding properties;
(e) The adequacy of public facilities and services, including but not limited to roadways, park
facilities, police and fire protection, hospital and Medicare services, disaster preparedness
program, drainage systems, refuse disposal, water and sewers, judged according to
standards from and specifically modified by the public facilities capital improvements
adopted in the annual report required by this chapter;
(f) The applicant for conditional use approval has the financial and technical capacity to
complete the development as proposed and has made adequate legal provision to
guarantee the provision and development of any open space and other improvements
associated with the proposed development;
(g) The development will adversely affect a known archaeological, historical or cultural
resource;
(h) Public access to public beaches and other waterfront areas is preserved as a part of the
proposed development; and
(i) The proposed use complies with all additional standards imposed on it by the particular
provision of this chapter authorizing such use and by all other applicable requirements of
the Monroe County Code.
WHEREAS, the Planning Commission has determined that the application meets the
standards required in MCC ~ 9.5-65by the design submitted and by the assignment of the
conditions of this resolution; and
WHEREAS, the Staff report recommends that any new development on the Kings Pointe
site incorporate appropriate noise reduction and protection methods.
WHEREAS, after consideration of the testimony and evidence presented, the Planning
Commission makes the following fmdings of Fact and Conclusions of Law:
P21-07 Page 3 of8
Kings Pointe Marina
Amendment 10 a Major Conditional Use
I. The 32 ROGO units, including development rights, may be transferred according to the
tenns of the 380 Agreement from Overseas Redevelopment Company; LLC to the Kings
Pointe project according to the terms of that Agreement, which allows transfer after a
building permit is issued for the Affordable Units to be built at Overseas Trailer Park.
This transfer will provide compliance for MCC 99.5~120 and 99.5~26S.
2. Vacation Rental Use is allowed because it is not specifieally prohibited as it is in other
provisions of the MU zoning regulations, it can be regulated as part of this conditional
use process, and is therefore allowed pursuant to other tenns and conditions as set forth in
the MCC governing vacation rentals. This finding brings the project into compliance
with MCC 99.5-248.
3. The project is in compliance with Minimum Yards (MCC 99.5-281) as a variance request
was approved to reduce the front yard setback from twenty-five (25) feet to twenty (20)
feet for 260 feet of the frontage along Peninsular Avenue as stated in Planning
Commission Resolution PI9-0?
4. The project is in compliance with Parking Standards (MCC 99.5-352) because a variance
request was approved reducing the number of off-street parking spaces from 322 spaces
to 272 spaces and approving this request as stated in Planning Commission Resolution
P20-07 .
5. Pursuant to MCC 99,5.354, the property is required to have two (2) I]' x 55' loading
and unloading zones,
6, Affordable housing criteria pursuant to MCC ~9.S-266 are met by the terms of the 380
Agreement requiring 49 units of Affordable Employee Housing to be built at property
commonly known as the Overseas Trailer Park, legally described as Lots ] -20, Maloney
Subdivision, Stock Island, Monroe County, Florida, having Real Estate Numbers:
00125350.000000 and 00125360,000]00, according to the terms of the Agreement, over
riding any phasing requirements or simultaneous building at any location including Kings
Pointe for purposes oftrus application..
7. The conditional use does not violate the Interim Development Ordinance concerning
working waterfronts because there is no further limitation on use by the public and
therefore does not diminish public access nor result in the loss of working waterfront.
The restaurant has not been functional for several years, the boat ramp will be accessible
by the public, there will be some boat and trailer parking, gating will be done for security
after work hours, and repair work may be done on site by mobile repair services.
8. Compliance with the following standards imposed on this conditional use application by
the Land Development Regulations pursuant to MCC g9.5-65(i) will be detennined by
the Building Department upon submittal for a building pennit to the Building
Department:
P21-<l7
Kings Pointe Marina
Amendment to a Major Conditional Use
Page 4 or8
1) FloodpJain Management (MCC 999.5~316 & 317) ;
2) Outdoor lighting (MCC 999.5-391 "393);
3) Handicap Accessibility (Chapter 1 J, Florida Building Code);
4) Air Installation Compatible Use Zone (AJCUZ) Building Requirements
required by the AJCUZ applicable at he time of the major conditional use
application.
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
MONROE COUNTY, FLORIDA;
Section 1. The request by Kings Pointe Marina LLC for an amendment to a major conditional
use pennit for the following is APPROVED subject 10 the conditions in Section 2:
1. Removal of an existing maintenance, sales office & tackle shop (2,870 fl.:!), bath house (1,232
iF), warehouse (9,600 iP), dock master building (660 Fe), and dry boat storage building (30,090
iF).
2. Construction of thirty - two (32) new, attached market rate units for vacation rental use;
addition of two (2) new boat barns (53,040 fF), Eight (8) Wet slips, a retail shop! dock masters
office and bait house including shower facilities (2,625 112) intended for use by wet slip owners;
an outdoor bar addition (735 ft2), flood proof storage (2,160 ft2) under the existing restaurant and
a gated entrance.
Section 2. The Approval is SUBJECT TO THE FOLLOWING CONDITIONS:
1. Ifthe site is gated, the following conditions shall be met:
a. The gate shall be open, at a minimum, one (1) hour prior to
sunrise and stay open until (l) hour past sunset to provide
for public access;
b. There shall be a number posted on the outside of the gate
providing a number to call jfthe gate is not open;
c. The gate shall comply with all standards and requirements
of the Fire Marshal and other public safety interests;
2. Prior to issuance of a building permit, a signed and sealed site plan
resolving the following issues is required:
d. The site plan shall show the two (2) 1 I ' X 55' loading and
unloading spaces for the nonresidential uses;
e. The site plan shall conform to the decisions of the Planning
Commission with regard to the parking and front yard
variances as detennined in P 19-07 and P20.07;
f. The following requests of the County's traffic engineer
shall be met: to show the design maneuverability through
the site and at the project driveway and to show clear site
visibility details at the access driveways;
P21.07
Kings Pointe Marina
Amendment to a Major Conditional Use
Page 5 ofB
g. A building pennit for dwelling uniM at the Overseas Trailer
Park pursuant to the ORC 380 agreement shall be obtained
and provided to the Sr. Director of Planning &
Environmental Resources before the issuance of building
pennits for the residential units may be penrutted at Kings
Pointe;
h. The proposed western access drive and curb cuts shall
receive approval from the County Engineer;
1. Compliance by the following agencies and corresponding
Sections of Code:
i. County Engineer shall determine compliance with
MCC 99.5-293;
11, TIle Florida Department of Health and the Key
West Resort Utility (KWRU) shall determine
compliance with ~ 9.5-294;
m. Fire Marshal shall determine compliance with 99.S-
69;
j. Boat Storage Buildings are limited to storage of boats;
k. The portion of boat bam floor area that does not exceed
50% of the site's net buildable area is not governed by
NROGO and shall not be eligible for offsite transfer if the
boat bam is demolished or removed at a future date unless
the floor area meets the criteria of a sender site pursuant to
MCC ~9.5-]24.3(a)(10)a.;
I. The flood plain management standards shall be met;
m. The site plan shall demonstrate that the energy and
conservation standards have been met including showing
where bicycle racks and scooter spaces will be placed on
site;
n. The outdoor lighting and applicable AICUZ standards in
effect at the time of the application for major conditional
use shall be met.
3. Prior to the issuance of!!!'y CO., the marina pump out facility shall be
upgraded to comply with current standards.
4. The applicant shall provide a water quality monitoring system for the
adjacent water body for a period of five (5) years after the completion of
the development per MCC 99.5-349.
PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a regularly
meeting held on the 1 11h day of April, 2007.
P2]-07 Page 6 of8
Kings Pointc Marina
Amendment to a Mlljor Conditional Use
Signed this 9111
day of
P21-07
Kings Poime Marina
AmendmeOl to a Major Conditional Use
Chair Cameron
Vice Chair Wall
Commissioner Cates-Deal
Commissioner Popham
Commissioner Windle
Yes
Yes
Yes
No
Absent
PLANNING COMMISSION OF
MONR~.OEC~T'fY'FLORIDA
BY .
. es D. Cameron, Chair
Uar ' 2007
BY
Page 7 of8
Attachment A: PLANS REVIE'VED
I. Boundary survey by RE. Reese, dated 2~23-07, revised 3-12-07, received 3-12-07
2, Site plan by WLW/LBR, Sheet $-1, dated 8/21/2006, revised 1-26-07, received 1-31-
07, signed & sealed 1-26-07
3. Townhomes Site plan by WLWILBR, Sheel 5-2, dated 8/2]/2006, revised 1-26-07
received 1-3]-07, signed & sealed ]-26-07
4. Townhomes Site plan by WLWfLBR, Sheet S-3, dated 8/21/2006, revised 1-26-07
received 1-31-07, signed & sealed 1-26-07
5. Building H, Peninsular Townhouses, 16 units, Sheet A-2, Typical Pod Plans, by Peter
M. Pike dated ]-24-07
6. Building H, Peninsular Townhouses, ] 6 units, Sheet A-3, Partial Elevations, by Peter
M. Pike dated] -24-07
7. Building "e" Cove Side South 4 Units, No Sheet Number, by Peter M. Pike dated ]-
24-07
8. Building "C" Cove Side East, 4 Units, No Sheet Number, by Peter M. Pike dated ]-
24-07
9. Building M, Marina Townhouses, 8 units, No Sheet Number, by Peter M. Pike dated
1-24-07
10. Sailfish Club, Ground Foundation Plan, Sheet A-2, by Peter M. Pike dated 1-22-07
II. Sailfish Club, Electrical Plan, Sheet E-l, by Peter M. Pike dated] -22-07
12. Barn "An Floor Plan, Sheet A-2, by Peter M. Pike dated ]0-14-06
13. Barn "B" Floor Plan, Sheet A-3, by Peter M. Pike dated 10-14-06
14. Office Floor Plan, Sheet A-4, by Peter M. Pike dated 10-14-06
]5. Office Floor Plan, Sheet A-5, by Peter M. Pike dated 10-14-06
16. Office Elevation, Sheet A-6, by Peter M. Pike dated 10-14-06
] 7. Elevations, Boat Bam A, Sheet A-7, by Peter M. Pike dated 10-14-06
18. Elevations, Boat Barn B, Sheet A-8, by Peter M. Pike dated 10-14-06
19. Entry Site Plan, Sheet S-4, by WLW/LBR, dated 8/21/2006, revised 1-26-07,
received 1-31-07
20. Entry Elevation, Sheet S-5, by WLWfLBR, dated 8/21/2006, revised ]-26-07,
received 1-3] -07
21. Landscape Plan, Sheet L-1, by WL W ILBR, dated 8/21/2006, revised 1-26-07,
received 1-31-07
P21-07
Kings Pointe Marina
Amendment 10 a Major Conditional Use
Page 8 of8
~
B
B
B
,I
'"
I~
~.
IU
,,"'.",..
I', .,'
)".' .."
\\.t. :,:;:
~'.~.'~ . ,.'.~,:>
. ~ :" ,:: ~.~ .
:'., 0" ~ ';. .~.
; .'.,' ,.-1""
{',j':,g
..~ ':.~ :~~~;;<"f::
.' .'~~i~: <:~/~~
",~,~-~.:.~,";.
:>
~-CIIJ
'f;Q.".... .~
<C<JmDl
j_-"-~~ I
~~
.
<<JJJDf
'CJJ'ij
~=il
<cDmJ
wD.
r~,!i
~.!l
m-== '1
ILJl.. ::::J;i, l
[n~';;~ n
_~'!d" f
at!?: i
_ / S
n
[DDli
I .
([JIlI)>
~
1:~~-.'
--f
:_"--_u----~". - tl
~ .J. ,. - -:.:..-r-:-_ -- _
5
~
~
.
""
" ',~.
!
.'l
,.'
~'...
~
..
;, .
'. 't....
. ,";1'
":'~M"
.::- l' .~. '
'.~ '. .~.'-\
'\l -a Jlc'~
,~r~ '_:'~~.'.)"
.", ~J~'
\'"T' '_. ~ ~ " 'dJ ~
,,.. ... ' .
.* '!: .,
--. ~ :.1".... &.
~. ~ "f" .~ :~\.
11
l,it
II
j
Ii 'V
~
~
- ,Hr"1
r
, 'I
;'~ .
,;:~..-'~ '" .
..... '~'".(t~
;--; '. .!,)t.
~',:'" '-.'
: -t' ..'. .
c, . ~-f
~
'"
.....
{~:, '. ~
1 '! . ..
., " -,~ ,~ '~j '"
."-~.,~ ~~
~. ~ ."",
. ~,
t
1-
CONTRACT PROPOSED BY COUNTY
Pl'oject: Hickory House
Parcel Identification Numbers #00126210-000000,
#00126220-000000,#00126230-000000
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made this_day of ,2007, between MONROE
COUNTY, FLORIDA, a political subdivision of the State of Florida, as " Seller", c\o
County Administrator, 1100 Simonton Street, Room 2-205, Key West, Florida 33040,
and King's Pointe Marina, LLC, a FIOlida limited liability company, as
"Purchaser ", whose address is 1115 Marbella Drive, Tampa, Florida, 33619.
In consideration of the mutual promises contained herein, Seller hereby agrees to sell and
Purchaser agrees to buy the real property ("Subject Propeliy") located in Momoe County,
Florida, described below, together with all improvements, easements, rights and
appurtenances, in accordance with the provisions of this Agreement.
1. DESCRIPTION OF PROPERTY. The propeliy which the Seller agrees to sell
and the Purchaser agrees to buy pursuant to the tenus of this Agreement is that property
situated on Stock Island, Momoe County, Florida, and more particularly described as:
5948 Peninsular Avenue, Stock Island, Key West, Fl. 33040 aka 5948
Maloney Avenue, Stock Island, Key West, FI. 33040
The Legal Description is:
Lots 30, 31 and the West 1/2 of Lot 32, in Square 46, according to Maloney's
Subdivision of a part of Stock Island, Monroe County, Florida, as recorded in
Plat Book 1, Page 55, of the Public Records of Monroe County, Florida.
2. TOTAL PURCHASE PRICE. The total purchase price ("Total Purchase Price")
for the Subject Propeliy is THREE MILLION ONE HUNDRED THOUSAND
DOLLARS AND NO/CENTS ($3,100,000.00), which will be paid by Purchaser at
closing. Seller hereby authorizes Purchaser to issue a certified check directly to an escrow
agent who is authorized by law to receive such payment, and who is acceptable to
Purchaser, and to require the escrow agent to pay Seller's expenses of sale and real estate
taxes. Purchaser shall use five (5) Rate of Growth Ordinance (ROGO) exemptions or
affordable housing allocations as a portion of the consideration for this Agreement and
shall build affordable housing units as set forth in paragraph 8 of this Agreement.
Purchaser shall as a portion of the consideration provide public access to designated areas
of both the Subject Property and the Marina Property; public access is more specifically
described in paragraph 5 and paragraph 6 of this Agreement, and Planning Commission
Resolutions P20-2007 and Planning Resolution P21-2007.
Conveyance of the Subject Property from Seller to Purchaser by a deed, made pursuant to FI.
Stat. 125.411, will take place at the closing, in exchange for the payments to be made to
Seller at closing,
3 . ENVIRONMENTAL SITE ASSESSMENT. Seller purchased the Subject
Property in November, 2006, and obtained at that time an update to an existing Report of
Environmental Site Assessment: Phase 1. Seller shall at least 30 days prior to closing
provide to Purchaser a copy of the existing Report of Environmental Site Assessment:
Phase 1, a copy of the Environmental Affidavit dated November 28, 2006, received by
Seller when Seller acquired property, and a copy of the Authorization to Rely Upon
Environmental Assessment dated November 20, 2006 Purchaser may, at its own expense,
obtain an enviromnental assessment prior to the closing date. Since the purchase, the
Subject Property has been closed pending proposed development as a park, and the Seller
has provided periodic inspections to insure that no significant damage has been rendered
to the propeliy, and has made no improvements to the property.
a) Review Of Survey And Environmental Site Assessment Report. Purchaser
shall review the Report of Environmental Site Assessment: Phase 1, the Environmental
Affidavit dated November 28, 2006, and the Authorization to Rely Upon Environmental
Assessment dated November 20, 2006 provided by the Seller under this Agreement. In
the event Purchaser objects to any of the conditions shown on the existing survey, the
title insurance, the Report of Environmental Site Assessment: Phase 1, the Environmental
Affidavit dated November 28, 2006, and the Authorization to Rely Upon Environmental
Assessment dated November 20, 2006, Purchaser shall provide written notice to Seller of
any objections 20 days prior to closing. In the event Purchaser fails to provide written
notice during said period, Purchaser agrees that the conditions shown on the existing title
evidence and survey shall be acceptable and only new conditions not shown on said title
documents would be considered title defects subject to the provisions of the Agreement.
Additionally, in the event, Purchaser fails to provide written notice during the above-
described period of time that Purchaser is obtaining a new site assessment, Purchaser
agrees that the Report of Environmental Site Assessment: Phase 1, the Enviromnental
Affidavit dated November 28, 2006, and the Authorization to Rely Upon Environmental
Assessment dated November 20, 2006 shall be acceptable,
4. LEGAL DESCRIPTION OF MARINA PROPERTY.
The Marina Property, known as King's Point Marina, and is generally described as lots
1, 2, 3 and adjacent bay bottom, square 60, part of lots 1, 2, 3 and adjacent bay
bottom, square 61 part Maloney Avenue vacated and filled bay bottom adjacent to
Maloney Avenue, and part adjacent parcel.
5. PUBLIC ACCESS/PUBLIC AREAS. Purchaser agrees that from the date of
closing members of the general public shall have public access to certain areas
described in this Agreement and its attachments of the Subj ect Property and of the
Marina Property. Purchaser agrees that the general public will not be charged a fee
nor will the general public be required to make a purchase of any kind for ingress or
egress to the areas of public access of either the Subj ect Property or the Marina
Property. In order to provide for public access to the general public to both properties
the Purchaser agrees to provide any and all documents, including easements, deed
restrictions or other documents, necessary to accomplish public access to the Marina
Property and the Subject Property. Purchaser further agrees to record those documents in
the chain of title to the Marina Property and/or the Subject Property whichever is
applicable at the time of closing.
a) Marina Property. Public access to the Marina Property shall be provided
as set forth in Planning Commission Resolution No. P20-07 and Planning Commission
Resolution No. P21-07 (which are attached as Composite Exhibit A to this Agreement)
and as described in this Agreement. In addition, Marina Access specifically includes
access to the boat ramp on the Marina Property, from one hour before sunrise to one
hour after sunset at a cost as set out in paragraph 6.
b) Subiect Property. Access to the Subject Property specifically includes
access to the water, docks, bathrooms, store, pump out, and parking, and includes all
waterfront sections of the Subject Property as well as any boardwalk area located on
the waterfront that may be developed.
6. COST TO GENERAL PUBLIC FOR USE OF BOAT RAMP AND
COMMERCIAL SERVICES. The Purchaser agrees to hold the cost use of Boat
Ramp for the public for the first year of operation at $20.00, and the Sewage
holding tank pump out fee for the first year of operation will be $25.00 for the
public. The fees may be increased or decreased during the subsequent years
according to an annual adjustment based on the Consumer Price Index for all urban
consumers Miami-Fort Lauderdale area.
7. STORE AND COMMERCIAL SPACE. Purchaser shall provide commercial
space to house a store and waterfront related business which will be open to the public
on the Subject Property and shall provide items related to the use of the boaters, The
store shall have operational hours consistent with this type of use - from before
sunrise to after sunset consistent with the public's operation of boats on the water.
The uses contemplated at this new facility are related to use of boats and the
enjoyment of the waterfront such as boat sales, marine engine repair, fuel sales, bait
and tackle shop, boat rentals, store providing sale of items related to boats and water
usage, and snack shop. In addition, Purchaser agrees to an expansion of the existing
docks which shall be open to the public at the Subject Property. All development of
the Subject Property shall comply with pennitting and development requirements
of the State, Federal and Monroe County statutes and codes.
8. CONSTRUCTION OF AFFORDABLE HOUSING. Purchaser shall build on the
Subject Property affordable housing units using five (5) ROGO allocations or exemptions
obtained from a source other than the Seller. The affordable housing shall consist of one
and two bedroom second story units and shall be deed restricted for that use. Purchaser
agrees that it shall obtain all necessary approvals from Monroe County for the transfer of
the ROGO exemptions or allocations. Purchaser further agrees that it shall not be able to
obtain the Certificate of Occupancy for the commercial space until a Certificate of
Occupancy for all affordable Housing has been obtained; however the Certificate of
Occupancy for the affordable housing may be obtained simultaneously or prior to the
Certificate of Occupancy for the commercial space.
9. SURVEY. Seller shall at least 25 days prior to closing date deliver to Purchaser a
boundary survey of the Subject Property prepared by a professional land surveyor
licensed by the State of Florida for the November, 2006 closing on the purchase of the
Subject Property.
10. TITLE INSURANCE. Seller shall, at least 25 days prior to closing date deliver to
Purchaser a copy of the Owner's Title Insurance Policy Schedule A and B effective date
November 30, 2006 on the Subject Property. Purchaser, at its own expense, may obtain
an updated title insurance policy.
11. DEFECTS IN TITLE. If the title insurance documents described in paragraph 10
or survey described in paragraph 9 fumished to Purchaser, disclose any defects in title
which are not acceptable to Purchaser, Purchaser shall give notice of defects to Seller 20
days prior to closing; the Purchaser agrees that in this event the closing date shall be
extended for a reasonable time. Seller agrees to use diligent effort to correct the defects in
title within a reasonable time. If Seller is unsuccessful in removing the title defects within
the time, Purchaser shall have the option to: (a) accept the title as it then is with a
reduction in the Total Purchase Price as agreed to by Purchaser and by Seller, (b) accept
the title as it then is with no reduction in the Total Purchase Price, (c) extend the amount
oftime that Seller has to cure the defects in title if agreed to by Seller, or (d) terminate
this Agreement, thereupon releasing Purchaser and Seller from all further obligations
under this Agreement.
12, INTEREST CONVEYED. At closing, Seller shall execute and deliver to
Purchaser a deed, pursuant to PI. Stat. 125.411, conveying all interest in the property
owned by the County to the Property.
13. ROAD ABANDONMENT. Purchaser and Seller agree that nothing in this
Agreement shall be interpreted in any manner as prior consent on the part of the Seller to
abandonment of any portion of the road known as Peninsula A venue; nor shall this
agreement be interpreted to preclude the Purchaser from petitioning for abandomnent of
any portion of Peninsula Avenue,
14. PREPARATION OF CLOSING DOCUMENTS. Upon execution of this
Agreement, Seller shall prepare the deed described in paragraph 12 of this Agreement,
Seller's closing statement, no lien affidavit certified to Purchaser and title insurance, if
any, in accordance with Section 627.7842, Florida Statutes. The documents shall be
submitted to Purchaser for review and approval at least 10 days prior to closing.
15. PURCHASER REVIEW FOR CLOSING. Purchaser will approve or reject each
item required to be provided by Seller under paragraph 14 of this Agreement within 3
days after receipt by Purchaser of all of the required items. Seller will have 3 days
thereafter to cure and resubmit any rejected item to Purchaser. In the event Seller fails to
timely deliver any item, or Purchaser rejects any item after delivery, Purchaser or Seller
may extend the Closing Date for a reasonable time.
16. EXPENSES. To the extent this transaction is not exempt from documentary
revenue stamp tax, then Seller will pay such documentary revenue stamp tax and all other
taxes or costs associated with the conveyance, including the cost of recording the deed
and any other recordable instruments which the title agent deems necessary to assure title
to the Subject Property pursuant to FI. Stat. 125.411, and to assure necessary documents
are recorded in the chain of title of Marina Property to assure public access as set forth in
paragraph 5,
17. TAXES AND ASSESSMENTS. All real estate taxes and assessments which
could have become a lien against the property shall be satisfied of record by Seller by the
date of closing. In the event the Purchaser acquires fee title to the Property between
January 1 and November 1, Seller, being exempt from taxation, shall have no obligation
in accordance with Section 196.295, Florida Statutes, to place in escrow with the county
tax collector an amount equal to the current taxes prorated to the date of transfer, based
upon the current assessment and millage rates on the Property.
18. CLOSING DATE. The closing shall be on or before the March 31, 2008;
provided, however, that if a defect exists in the title to the Property, or in any other
documents required to be provided or completed and executed by Seller, the closing shall
occur either on the original closing date or within 60 days after receipt of documentation
curing the defects, whichever is later.
The parties may conduct the closing at an earlier date if they are satisfied that all
conditions have been met Plior to the date set herein. The detennination that the
conditions have been met prior to the closing date set herein shall require the County
Administrator and County Attorney to sign approval of an earlier closing date and the
contract need not go back before the Seller's governing body to reform the contract to
provide the earlier closing date.
19. RISK OF LOSS AND CONDITION OF REAL PROPERTY. Seller assumes all
risk of loss or damage to the Property prior to the date of closing. Subject Property shall
be transferred and conveyed to the Purchaser in the same, or essentially the same
condition as of the date of Seller's execution of this Agreement, ordinary wear and tear
excepted. However, in the event the condition of the Property or other improvements
thereon is altered by an act of God or other natural force beyond the control of Seller,
Purchaser may elect, at its sole option, to terminate this Agreement. Seller represents that
there are no parties other than Seller in occupancy or possession of any part of the
Property.
20. RIGHT TO ENTER PROPERTY AND POSSESSION. Seller agrees that from
the date this Agreement is executed by the parties until the date of Closing, Purchaser and
its agents, upon reasonable notice, shall have the right to enter the Property accompanied
by a designee of the Seller for all lawful purposes in connection with the this Agreement.
Seller shall deliver possession ofthe Property to the Purchaser at closing.
21. ACCESS. Seller wan-ants that there is legal ingress and egress for the Subject
PropeIiy over public roads or valid, recorded easements that benefit the Subject PropeIiy.
22. DEFAULT. If Purchaser defaults under this Agreement, Seller may waive the
default and proceed to closing, seek specific performance, or refuse to close and elect to
receive the return of any money paid, each without waiving any action for damages, or
any other remedy pennitted by law or in equity resulting from Purchaser's default. In
connection with any dispute arising out of this Agreement, including without limitation
litigation and appeals, the prevailing party will be entitled to recover reasonable
attorney's fees and costs.
23. ASSIGNMENT. This Agreement may not be assigned by either Party without the
prior written consent ofthe other Party.
24. TIME. Time is of essence with regard to all dates or times set forth in this
Agreement.
25. SEVERABILITY. In the event any of the provIsIOns of this Agreement are
deemed to be unenforceable, the enforceability of the remaining provisions of this
Agreement shall not be affected.
26. SUCCESSORS IN INTEREST. Upon execution of this Agreement by the pmiies,
Sellees and the Purchaser's heirs, legal representatives, successors and assigns shall be
bound by it.
27. LANGUAGE INTERPRETATION. Whenever used, the singular shall include the
plural and one gender shall include all genders.
28. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement
between the parties. No supplement, modification or amendment to this Agreement shall
be binding unless executed in writing by the parties.
29. WAIVER. Failure of Purchaser or Seller to insist upon strict perfonnance of any
covenant or condition of this Agreement, or to exercise any right herein contained, shall
not be construed as a waiver or relinquishment for the future of any such covenant,
condition or right; but the same shall remain in full force and effect.
30. AGREEMENT EFFECTIVE. This Agreement or any modification, amendment
or alteration thereto, shall not be effective or binding upon any of the parties hereto until
it has been executed by all of the parties hereto.
31. ADDENDUM. Any addendum attached hereto that is signed by the parties shall
be deemed a part of this Agreement.
32. NOTICE. Whenever either party desires or is required to give notice unto the
other, it must be given by written notice, and either delivered personally or mailed to the
appropriate address indicated on the first page of this Agreement, or such other address as
is designated in writing by a party to this Agreement.
33. SURVIV AL. The covenants, warranties, representations, indemnities and
undeliakings of Purchaser set forth in this Agreement shall survive the closing.
34. DEVELOPMENT RIGHTS. Nothing in this Agreement shall provide more
development rights than are provided under the Monroe County Code or other
applicable State and Federal requirements.
THIS IS TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY
UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING
SELLERS:
MONROE COUNTY, FLORIDA
By:
Mayor Charles "Sonny" McCoy
BY:
Deputy Clerk
Date:
PURCHASER:
Witness:
By:
Signature
Signature
Print Name
Print Name
Date:
Print Title
Date:
Witness:
Signature
Print Name
Date:
STATE OF FLORIDA)
COUNTY OF MONROE)
The foregoing instrument was acknowledged before me this _day of ,2007,
by . He/she is personally known to me or produced as identification.
(NOT ARY PUBLIC)
SEAL Notary Public
(Printed, Typed or Stamped Name of Notary Public)
Commission No.:
My Commission Expires:
ADDENDUM ONE
(IMPROVEM ENTS/PURCHASER)
A. Radon Gas. Radon is a naturally OcculTing radioactive gas that, when it has accumulatcd in a building in
sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed
federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon
testing may be obtained from your county public health unit. This notice is being provided in accordance with Section
404.056(8), Florida Statutes. Purchaser may, at its sole cost and expense, have the buildings that will remain on the
Property inspected and tested for radon gas or radon progeny by a qualified professional properly certified by the Florida
Department of Health and Rehabilitative Services. If radon gas or radon progeny is discovered, Purchaser shall have
the option to either: (a) accept the Property as it thcn is with no reduction in the Purchase Price or (b) terminate this
Agreement, thereupon releasing Purchaser and Seller from all further obligations under this Agreement.
B. Wood Destroving Organisms Insnection Renort. Purchaser may, at its sole cost and expense, obtain a Wood
Destroying Organisms Inspection Report made by a state licensed pest control firm showing the buildings that are to
remain on the Property to be visibly free of infestation or damage by termites or other wood-destroying pests. If the
report shows such infestation or damage, Purchaser shall have the option to either: (a) accept the Property as it then is
with no reduction in the Purchase Price or (b) terminate this Agreement, thereupon releasing Purchaser and Seller
from all further obligations under this Agreement.
C. Maintenance ofImnrovements. Seller shall, if required by Purchaser, maintain the roofs, doors, floors, steps,
windows, exterior walls, foundations, all other stmctural components, major appliances and heating, cooling, electrical
and plumbing systems on all improvements that will remain on the Propelty in good working order and repair up to
the date of closing. Purchaser may, at its expense, have inspections made of said items by licensed persons dealing in
the repair and maintenance thereof. If the inspection reveals that any of the improvements that will remain on the
Property are in need of repair, Purchaser shall have the option to either: (a) accept the Property as it then is with no
reduction in the Purchase Price or (b) tenninate this Agreement, thereupon releasing Purchaser and Seller from all
further obligations under this Agreement.
SELLERS;
MONROE COUNTY, FLORIDA
By:
Mayor Charles "Sonny" McCoy
BY;
Deputy Clerk
Date:
PURCHASER;
Witness:
By:
Signature
Signature
Print Name
Print Name
Date:
Print Title
Date:
Witness:
Signature
Print Name
Date:
COMPOSITE EXHIBIT A
Planning Commission Resolution No. P20-07
Planning Commission Resolution No, P21-07
CONTRACT PROPOSED BY
KINGS POINTE MARINA
Project: Hickory House
Parcel Identification Numbel's #00126210-000000,
#00126220-000000,#00126230-000000
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made this_day of ,2007, between MONROE
COUNTY, FLORIDA, a political subdivision of the State of Florida, as " Sellerll, c\o
Thomas Willi, County Administrator, 1100 Simonton Street, Room 2-205, Key West,
Florida 33040, and King's Pointe Marina, LLC, a Florida limited liability company, as
"Purchaser ", whose address is 1115 Marbella Drive, Tampa, Florida, 33619,
In consideration of the mutual promises contained herein, Seller hereby agrees to sell and
Purchaser agrees to buy the real property C'Subject Properti') located in Monroe County,
Florida, described below, together with all improvements, easements, rights and
appurtenances, in accordance with the provisions of this Agreement.
1. DESCRIPTION OF PROPERTY. The property which the Seller agrees to sell
and the Purchaser agrees to buy pursuant to the tenus of this Agreement is that property
situated on Stock Island, Monroe County, Florida, and more particularly described as:
5948 Peninsular Avenue, Stock Island, Key West, Fl. 33040 aka 5948
Maloney Avenue, Stock Island, Key West, Fl. 33040
The Legal Description is:
Lots 30, 31 and the West 1/2 of Lot 32, in Square 46, according to Maloney's
Subdivision of a part of Stock Island, Monroe County, Florida, as recorded in
Plat Book 1, Page 55, ofthe Public Records of Monroe County, Florida.
2. TOTAL PURCHASE PRICE. The total purchase price C'Total Purchase Price1t)
for the Subject Property is THREE MILLION ONE HUNDRED THOUSAND
DOLLARS AND NO/CENTS ($3,100,000.00), which will be paid by Purchaser at
closing, Seller hereby authorizes Purchaser to issue a certified check directly to an escrow
agent who is authorized by law to receive such payment, and who is acceptable to
Purchaser, and to require the escrow agent to pay Seller's expenses of sale and real estate
taxes. Purchaser shall use five (5) Rate of Growth Ordinance (ROGO) exemptions or
affordable housing allocations as a portion of the consideration for this Agreement and
shall build affordable housing units as set forth in paragraph ~9 of this Agreement.
Purchaser shall as a portion of the consideration provide public access to designated areas
of both the Subject Property and the Marina Property,
Conveyance of the Subject Property from Seller to Purchaser by a deed, made pursuant to Fl.
Stat. 125.411, will take place at the closing, in exchange for the payments to be made to
Seller at closing.
1. Third Party Financinc;. Purchaser will make a diligent effort to obtain third party
financing in an amount and pursuant to terms that arc acceptable to the Purchaser (tho
"Financing"). In the event that Purchaser, after diligent effort, fails to obtain Financing,
Purchaser may cancel this L^~gt'cemel1t by pro\'iding timely \vritten notice to the SoIlor.
1-3-. ENVIRONMENTAL SITE ASSESSMENT. Seller purchased the Subject
Property in November, 2006, and obtained at that time an update to an existing Phase 1
Environmental Assessment Report. Since the purchase, the Subject Property has been
closed pending proposed development as a park, and the Seller has provided periodic
inspections to insure that no significant damage has been rendered to the property. Seller
shall provide to Purchaser a copy of the existing Phase 1 Environmental Assessment
Report along with the update of the assessment Purchaser may, at its own expense, obtain
an enviromnental assessment prior to the closing date.
:!.B. LEGAL DESCRIPTION OF MARINA PROPERTY. Consideration for this
Agreement by Purchaser shall also include providing public access to designated areas
the Public Areas (as hereinafter defined) of the Subject Propeliy as well as Marina
Access (as hereinafter defined) of the King's Pointe Marina property ("Marina
Property"), The Marina Property is generally described as lots 1, 2 3 and adj acent bay
bottom, square 60, part of lots 1,2,3 and adjacent bay bottom, square 61 part
Maloney Avenue vacated and filled bay bottom adjacent to Maloney Avenue, and
part adjacent parcel.
2+. PUBLIC ACCESS. Purchaser agrees that members of the general public shall
have public access for a period of fifty (50) years from the date of Closing to certain
designated areas such as boat ramps, charter boats using the ramps, bathrooms,
store, pump out, parking on of the Subject Property, during reasonable business
hours, which include all waterfront sections of the Subiect Property as well as any
boardwalk area located on the waterfront that may be developed (the "Public
Areas"). The Public Areas specifically exclude the private dock that currently exists
or any private dock structure that will be developed in the future. Purchaser agrees
that the general public will 110t be charged a fee nor will the general public be
required to make a purchase of any kind in order to enter the Public Areas.
Purchaser further agrees to provide access to the general public to and on designated
areas of the Marina Property as set forth in Planning Commission Resolution No. P20-07
and Plmming Commission Resolution No. P21-07, which are attached as Exhibit A to this
Agreement (the "Marina Access"). from one hour before sunrise to ono hour after
sunset. The determination of specific access shall be decided prior to Closing and
set forth in an }~ddendum to this Purchase and Sale }~grcement. In order to provide
for access to the general public to designated areas the Public Areas and to provide
Marina Accessof the Marina Prope1iy, the Purchaser agrees to provide any and all
documents, including easements, deed restrictions or other documents, necessary to
accomplish public access to the Marina Property and the Subject Property. Purchaser
further agrees to record those documents in the chain of title to the Marina Property
and/or the Subject Property whichever is applicable at the time of closing. Purchaser and
Seller agree that nothing in this Agreement shall be interpreted in any manner to
accomplish or consent to a road abandonment of any road adjacent to, transversing,
contained in or in any manner encompassed in or by the Subject Property or the Marina
Property.
Q&. COST TO PUBLIC IN AREAS OF PUBLIC ACCESS. The commercial
services provided by the Purchaser described in paragraph 5...+ of this Agreement
relating to Marina Access shall be provided at prevailing retail sales prices. The
Purchaser agrees to hold the cost for Boat Launch for the public for the first year
of operation at $20.00, and the Sewage holding tank pump out fee for the first year
of operation will be $25.00 for the public. Those fees may be increased or
decreased during the subsequent years according to an annual adjustment based on
the Consumer Price Index for all urban consumers Miami-Fort Lauderdale area.
19-. STORE AND COMMERCIAL SPACE. Purchaser shall provide commercial
space to house a store and waterfront related business with public access on the Subject
Property and shall provide items related to the use of the boaters. The store shall
have operational hours consistent with this type of use - from before sunrise to
after sunset consistent with the public's operation of boats on the water. The uses
contemplated at this new facility are related to use of boats and the enjoyment of the
waterfront such as boat sales, marine engine repair, fuel sales, bait and tackle shop,
boat rentals, store providing sale of items related to boats and water usage, and
snack shop. In addition, Purchaser agrees to an expansion of the existing docks at
the Subject Property. All development of the Subject Property shall comply with
permitting and development requirements of the State, Federal and Monroe County
statutes and codes.
.aM. CONSTRUCTION OF AFFORDABLE HOUSING. Purchaser shall build on the
Subject Property affordable housing units using five (5) RaGa allocations or exemptions
obtained from a source other than the Seller, The affordable housing shall consist of one
and two bedroom second story units and shall be deed restricted for that use. Purchaser
agrees that it shall obtain all necessary approvals from Monroe County for the transfer of
the RaGa exemptions or allocations. Purchaser further agrees that it shall not be able to
obtain the Certificate of Occupancy for the commercial space until a Certificate of
Occupancy for all affordable Housing has been obtained; however the Certificate of
Occupancy for the affordable housing may be obtained simultaneously or prior to the
Certificate of Occupancy for the commercial space.
.2++, SURVEY. Seller shall within 25 days prior to closing deliver to Purchaser the
survey of the Property dated November, 2006, and prepared by Frederick H. Hildebrandt,
a professional land surveyor licensed by the State of Florida. Purchaser may, at its own
expense, obtain an updated survey prior to the closing of this transaction.
lQ~. TITLE INSURANCE. PurchaserSeHet: shall within 25 days prior to the Closing
Date, furnish to SellerPurchaser a copy of the existing title insurance policy
commitmentobtained by Seller pursuant to the November 2006 closing. Purchaser, at its
o'.','n expense, may obtain an updated title insurance policy prior to the date of closing.
Purchaser shall select the agent to procure title insurance provided that the fee for such
insurance is not in excess of the promulgated rate.
ll~. DEFECTS IN TITLE. If the title policy fumished to Purchaser, the survey
furnished to Purchaser, or the updated title insurance and updated survey obtained by
Purchaser (if Purchaser chooses to obtain updates) pursuant to this Agreement disclose
any defects in title which are not acceptable to Purchaser, the Purchaser agrees that in this
event the closing date shall be extended for a reasonable time. Seller agrees to use
diligent effort to correct the defects in title within a reasonable time. If Seller is
unsuccessful in removing the title defects within the time, Purchaser shall have the option
to: (a) accept the title as it then is with a reduction in the Total Purchase Price as agreed
to by Purchaser and by Seller, (b) accept the title as it then is with no reduction in the
Total Purchase Price, (c) extend the amount of time that Seller has to cure the defects in
title if agreed to by Seller, or (d) tenninate this Agreement, thereupon releasing Purchaser
and Seller from all further obligations under this Agreement.
1~4. INTEREST CONVEYED. At closing, Seller shall execute and deliver to
Purchaser a deed, pursuant to FI. Stat. 125.411, conveying all interest in the property
owned by the County to the Property.
IJ.~. CONDITIONS, It shall be a condition of Purchaser's obligations under this
Agreement that on or before the Closing Date that the following "Conditions" shall be
satisfied or waived in writing by the Purchaser, to wit:
a. Seller shall have successfully abandoned the entire portion of Peninsula
Avenue that is currently located to the west of Maloney Avenue.
b. Purchaser shall have received written notice from Seller that, for both the
Subject Property and the Marina Property, the Seller it is prepared to issue all
building permits related to the redevelopment of each property with no
contingencies. This Condition will be satisfied upon receipt by Purchaser of
the written notice described in this paragraph 15(b). This Condition will not
be affected by whether Purchaser applies for or ever receives the
aforementioned pelmits.
In the even! that the above Conditions have not each been satisfied or waived in writing
by Purchaser on or before the Closing Date, then.;Ji} either partyPurchase will have the
right to tenninate this Agreement by written notice to the other pmiv8elteF, whereupon
this Agreement shall terminate. or (in both patiies may agree in writing to extend the
Closing Date to allow for the Conditions to be met..,.
14. DUE DILIGENCE PERIOD: Purchaser will. at Purchaser's expense. and within
120 days from Effective Date (the "Due Diligence Period"). detennine whether the
Subiect Property is suitable. in Purchaser's sole and absolute discretion. for Purchaser's
intended use and development of the Subiect Property. During the Due Diligence Period.
Purchaser may conduct any tests. analyses. surveys and investigations ("Inspections")
which Purchaser deems necessary to detemline to Purchaser's satisfaction regarding the
Sub;ect Property's engineering, architectural. environmental propeliies: zoning, and other
inspections that Purchaser deems appropriate to deternline the suitability of the Subject
Propeliy for the Purchaser's intended use and development. Pmchaser shall deliver
written notice to Seller prior to the expiration of the Due Diligence Peliod of Purchaser's
detennination of whether or not the Subiect Propeliy is acceptable. Purchaser's failure to
conlPly with this notice requirement shall constitute acceptance of the Subject Propeliy in
its present "as is" condition. Seller grants to Pmchaser, its agents, contractors and
assigns, the right to enter the Subject Propeliy at any reasonable time following
reasonable notice to Seller during the Due Diligence Period for the pmposes of
conducting Inspections; provided, however, Purchaser, its agents, contractors and assi~'11s
enter the Subiect Property and conduct Inspections at their own risk. Purchaser shall
indemnify and hold Seller hannless from losses, damages, costs, claims and expenses of
any nature, including attorneys' fees at all levies, and from liability to any person arising
from the conduct of any and all inspections or any work authorized by Purchaser.
Purchaser will not engage in any activity that could result in a mechanic's lien being filed
against the Subject Property without Seller's prior written consent. In the event this
transaction does not close, (1) Purchaser shall repair all damages to the Subiect Propeliy
resulting fonll the inspections and return the Subiect Propeliy to the condition it was in
prior to conduct of the Inspections, and (2) shall. at Purchaser's expense release to Seller
all reports and other work generation as a result of the Inspections. Should Buyer deliver
timely notice that the Subiect Property is not acceptable, Seller agrees that the Agreement
shall be immediately terminated,
124. PREP ARA TION OF CLOSING DOCUMENTS. Seller shall prepare the deed
described in paragraph 12.J. of this Agreement, Seller's closing statement, the title
insurance, no lien affidavit certified to Purchaser and title insurance, if any, in accordance
with Section 627.7842, Florida Statutes. All prepared documents shall be submitted to
Purchaser for review and approval at least 15 days prior to the Closing Date.
12.+. PURCHASER REVIEW FOR CLOSING. Purchaser will approve or reject each
item required to be provided by Seller under this Agreement within 5 days after receipt
by Purchaser of all of the required items. Seller will have 7 days thereafter to cure and
resubmit any rejected item to Purchaser. In the event Seller fails to timely deliver any
item, or Purchaser rejects any item after delivery, Purchaser or Seller may extend the
Closing Date.
11&. EXPENSES. To the extent this transaction is not exempt from documentary
revenue stamp tax, then Seller will pay suchthe documentary revenue stamp tax and all
other taxes or costs associated with the conveyance, including the cost of recording the
deed and any other recordable instruments which the title agent deems necessary to
assure title to the Subject Property pursuant to Fl. Stat. 125.411, and to assure necessary
documents are recorded in the chain of title of Marina Property to assure public access as
set forth in QP-aragraph 2+. The costs referred to in this Paragraph 18 '.'.'il! include the
expense of obtaining a nev.' survey, title insurance polic)' and all other related expenses
required by the a third party lender to obtain the Financing.
1.3.9-. TAXES AND ASSESSMENTS. In the event the Purchaser acquires fee title to
the Propeliybetween January 1 and November 1, Seller, being exempt from taxation,
shall have no obligation in accordance with Section 196.295, Florida Statutes, to place in
escrow with the county tax collector an amount equal to the current taxes prorated to the
date of transfer, based upon the current assessment and millage rates on the Property.
l2.2G. CLOSING PLACE AND DATE. The closing shall be on or before the 31 st of
Mav}~ugust, 2008 (or as extended pursuant to paragraph 13)-7, provided, however, that if
a defect exists in the title to the Property, or in any other documents required to be
provided or completed and executed by Seller, the closing shall occur either on the
original closing date or within 30 days after receipt of documentation curing the defects,
or complying with paragraph 11;;1, whichever is later.
The parties may conduct the closing at an earlier date if they are satisfied that all
conditions have been met prior to the date set herein. The detennination that the
conditions have been met prior to the closing date set herein shall require the County
Administrator and County Attorney to sign approval of an earlier closing date and the
contract need not go back before the Seller's governing body to refonn the contract to
provide the earlier closing date.
If for any reason it is necessary to extend the closing date for a period of 30 days or less
and the determination that the conditions have been met pursuant to this Agreement to
extend the closing date and there are no substantive changes to the Agreement, the
County Administrator and County Attorney have authority to sign an approval for an
extended Closing Date and do not need to go back before the Seller's governing body to
refonn the contract to provide for the later closing date. Any extension of the Closing
date for more than 30 days shall require approval from the Board of County
Commissioners and both the Purchaser and the Seller shall allow time and neither shall
incur any damages for the time required for approval by the Board of County
Commissioners
2Q-l-. RISK OF LOSS AND CONDITION OF REAL PROPERTY. Seller assumes all
risk of loss or damage to the Property prior to the date of closing. Subject Property shall
be transferred and conveyed to the Purchaser in the same, or essentially the same
condition as of the date of Seller's execution of this Agreement, ordinary wear and tear
excepted. However, in the event the condition of the Property or other improvements
thereon is altered by an act of God or other natural force beyond the control of Seller,
Purchaser may elect, at its sole option, to tenninate this Agreement. Seller represents that
there are no parties other than Seller in occupancy or possession of any part of the
Property.
21;;1. RIGHT TO ENTER PROPERTY AND POSSESSION. Seller agrees that from
the date this Agreement is executed by the parties until the date of Closing, Purchaser and
its agents, upon reasonable notice, shall have the right to enter the Propeliy accompanied
by a designee of the Seller for all lawful purposes in connection with the this Agreement.
Seller shall deliver possession of the Propeliy to the Purchaser at closing.
2~~, ACCESS. Seller warrants that there is legal ingress and egress for the Subject
Property over public roads or valid, recorded easements that benefit the Subject Property.
214. DEFAULT. If Purchaser defaults under this Agreement, Seller may waive the
default and proceed to closing, seek specific performance, or refuse to close and elect to
receive the retum of any money paid, each without waiving any action for damages, or
any other remedy permitted by law or in equity resulting from Purchaser's default. In
connection with any dispute arising out of this Agreement, including without limitation
litigation and appeals, the prevailing party will be entitled to recover reasonable
attorney's fees and costs.
2~. ASSIGNMENT. This Agreement may not be assigned by either Pmiy without the
prior written consent of the other Pmiy.
226. TIME. Time is of essence with regard to all dates or times set forth in this
Agreement.
2!i::;". SEVERABILITY. In the event any of the provisions of this Agreement are
deemed to be unenforceable, the enforceability of the remaining provisions of this
Agreement shall not be affected,
2IS. SUCCESSORS IN INTEREST. Upon execution of this Agreement by the parties,
Seller's and the Purchaser's heirs, legal representatives, successors and assigns shall be
bound by it.
2~9. LANGUAGE INTERPRETATION. Whenever used, the singular shall include the
plural and one gender shall include all genders.
29W. ENTIRE AGREEMENT. This Agreement constitutes the entire
agreement between the parties. No supplement, modification or amendment to this
Agreement shall be binding unless executed in writing by the parties.
3Q-l-. WAIVER. Failure of Purchaser or Seller to insist upon strict performance of any
covenant or condition of this Agreement, or to exercise any right herein contained, shall
not be construed as a waiver or relinquishment for the future of any such covenant,
condition or right; but the same shall remain in full force and effect.
312,. AGREEMENT EFFECTIVE. This Agreement or any modification, amendment
or alteration thereto, shall not be effective or binding upon any of the parties hereto until
it has been executed by all ofthe parties hereto.
32.~. ADDENDUM. Any addendum attached hereto that is signed by the parties shall
be deemed a part of this Agreement.
3J.4. NOTICE. Whenever either party desires or is required to give notice unto the
other, it must be given by written notice, and either delivered personally or mailed to the
appropriate address indicated on the first page of this Agreement, or such other address as
is designated in writing by a party to this Agreement.
3~. SURVIV AL. The covenants, warranties, representations, indemnities and
undertakings of Purchaser set forth in this Agreement shall survive the closing.
3~6. DEVELOPMENT RIGHTS. Nothing in this Agreement shall provide more
development rights than are provided under the Monroe County Code or other
applicable State and Federal requirements.
32.-1. REVIEW OF SURVEY AND ENVIRONMENTAL SITE ASSESSMENT
REPORT. Purchaser shall have _ days from execution of this Contract to review the
existing survey, the prior policy of title insurance and the Phase 1 Environmental Site
Assessment Report and update (all provided by Seller upon Seller's execution of this
Contract), In the event Purchaser objects to any of the conditions shown on the existing
title evidence, surveyor Environmental Site Assessment Report, Purchaser shall provide
written notice to Seller prior to the expiration of _ days from the date of execution of
this Conh'act. In the event Purchaser fails to provide written notice during said period,
Purchaser agrees that the conditions shown on the existing title evidence and survey shall
be acceptable and only new conditions not shown on said title documents would be
considered title defects subject to the provisions of the Contract. Additionally, in the
event Purchaser fails to provide written notice that Purchaser is obtaining a new site
assessment during the above-described period of time, Purchaser agrees that the
Environmental Site Assessment Report and update shall be acceptable.
THIS IS TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY
UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING
SELLERS:
MONROE COUNTY, FLORIDA
By:
Mayor Mario DiGennaro
BY:
Deputy Clerk
Date:
PURCHASER:
Witness:
By:
Signature
Signature
Print Name
Print Name
Print Title
Date:
Date:
Witness:
Signature
Print Name
Date:
ST ATE OF FLORIDA)
COUNTY OF MONROE)
The foregoing instrument was acknowledged before me this _day of
by . He/she is personally known to me or produced
,2007,
as identification.
(NOTARY PUBLIC)
SEAL Notary Public
(Printed, Typed or Stamped Name of Notary Public)
Commission No.:
My Commission Expires:
ADDENDUM ONE
(I MPROVEM ENTSfPURCHAS ER)
A. Radon Gas. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in
sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed
federal and state guidelines have been found in buildings in Florida. Additional infonnation regarding radon and radon
testing may be obtained from your county public health unit. This notice is being provided in accordance with Section
404.056(8), Florida Statutes. Purchaser may, at its sole cost and expense, have the buildings that will remain on the
Property inspected and tested for radon gas or radon progeny by a qualified professional properly certified by the Florida
Department of Health and Rehabilitative Services. If radon gas or radon progeny is discovered, Purchaser shall have
the option to either: (a) accept the Property as it then is with no reduction in the Purchase Price or (b) tenninate this
Agreement, thereupon releasing Purchaser and Seller from all further obligations under this Agreement.
B. Wood Destroying Organisms Insoection Reoort. Purchaser may, at its sole cost and expense, obtain a Wood
Destroying Organisms Inspection Report made by a state licensed pest control firm showing the buildings that are to
remain on the Property to be visibly free of infestation or damage by tennites or other wood-destroying pests. If the
report shows such infestation or damage, Purchaser shall have the option to either: (a) accept the Propeliy as it then is
with no reduction in the Purchase Price or (b) tenninate this Agreement, thereupon releasing Purchaser and Seller
from all further obligations under this Agreement.
C. Maintenance of Improvements. Seller shall, if required by Purchaser, maintain the roofs, doors, floors, steps,
windows, exterior walls, foundations, all other structural components. major appliances and heating, cooling, electrical
and plumbing systems on all improvements that will remain on the Property in good working order and repair up to
the date of closing. Purchaser may, at jts expense, have inspections made of said items by licensed persons dealing in
the repair and maintenancc thereof. If the inspection revcals that any of the improvements that will remain on the
Property are in need of repair, Purchaser shall have the option to either: (a) accept the Property as it then is with no
reduction in the Purchase Price or (b) terminate this Agreement, thereupon releasing Purchaser and Seller from all
further obligations under this Agreement.
SELLERS:
BY:
Deputy Clerk
PURCHASER:
Witness:
Signature
Print Name
Date:
Witness:
Signature
Print Name
Date:
MONROE COUNTY, FLORIDA
By:
Mayor Mario DiGennaro
Date:
By:
Signature
Print Name
Print Title
Date:
ADDENDUM TWO
(location of public access)
-~-I
PLANNING COMMISSION RESOLUTION NO. P20-07
A RESOLUTION BY THE MONROE COUNTY
PLANNING COMMISSION APPROVING THE
REQUEST BY KINGS POINTE MARINA, LLC, FOR A
VARIANCE TO REDUCE THE NUMBER OF OFF-
STREET PARKING SPACES FROM 322 SPACES TO
272 SPACES AND TO REQUIRE DEDICATED ON
SITE PARKING FOR BOAT TRAILERS. SCOOTERS.
AND BICYCLES ON PROPERTY LEGALLY
DESCRIBED AS LOTS 1,2, 3 & ADI BAY BOnOM,
SQUARE 60; PART LOTS 1,2,3 & ADJ BAY BOlTOM,
SQUARE 61 PART MALONEY AVE VACATED &
FILLED BAY BOTTOM ADJACENT TO MALONEY
AVE, & PART ADJ PARCEL; UNIT J-4, J-6, J-9, J-l1, J-
12, & 5/52% COMMON ELE:MENTS OCEANSIDE
EAST DRY STORAGE CONDOMINIUM, STOCK
ISLAND, MONROE COUNTY, FLORIDA HAVE REAL
ESTATE NUMBERS 00127420.000601 THROUGH
00127420.000675, 00127440.000100 THROUGH
00127440.002500, 00127420.000000, 00127420.000100
AND 00127430.000101 THROUGH 00127430.000211,
AT APPROXIMATE MILE MARKER 5.
WHEREAS, during a regularly scheduled public meeting held on April 11,2007,
the Monroe .County Planning Commission conducted a review and consideration on the
request filed by Kings Pointe Marina LLC for a variance to reduce the number of off.street
parking spaces from 322 spaces to 272 spaces pursuant to Monroe County Code (MCC) ~"
9.5-S24{b)(3); and
WHEREAS; the subject property is located at 5970 Peninsular Avenue, Stock
Island; and
WHEREAS, the Planning Commission was presented with the following evidence.
which by reference is hereby incorpomted as part of the record of said hearing;
I) The variance request of the Applicant; and
2) Review of the following Plans:
i) Boundary survey by R.E. Reese, dated 2-23.07, revised 3-12-07, received 3-
12-07; and
P20-07
Kings Pointe Marina
Parking Variance
Page J of3
,
I
I
! .
,
"
I
!.~
ii) Site plan byWLWILBR, Sheet 8-1, dated 8/21/2006, revised 1-26-07, received
1-31-07, signed & sealed 1-26w07; and
3) The staff report prepared by Julianne Thomas, Planner dated April 2, 2007; and
4) The sworn testimony of the Growth Management Division Staff; and
5) The swom testimony of the Applicant; and
6) Exhibits provided by the Applicant; and
7) Comments of Assistant County Attorney Susan Grimsley; and
8) The swom testimony ofilie public; and
9) Comments by John Wolfe, Planning Commission Counsel.
WHEREAS, MCC ~ 9.5-352(c), Required Parking standards requires 353 parking
spaces; and
WHERE~ MCC ~ 9.5-3S2(i), Shared Parking standards requires 322 parking
spaces; and
WHEREAS, MCC ~ 9.5-524{b)(3) provides eight (8) standards which must be met
in order for the Planning Commission to grant a variance; and
WHEREAS, the Planning Commission determined that all eight (8) standards had
been met; and
WHEREAS, the Planning Commission has made the following Findings of Fact
and Conclusions of Law based on the evidence presented:
I) The applicant has demonstrated a showing of good and sufficient cause; and
2) Failure to grant the variance would result in hardship to the applicantj and
3) Granting the variance will not result in increased public expenses, create a threat to
public health and safety. create a public nuisance or cause fraud or victimization of
the public. and
4) The property has unique or peculiar circumstances which apply to the property but
which do not apply to other properties in the same zoning district; and
5) Granting the variance will not give the applicant any special privilege denied other
properties in the immediate neighborl1ood in terms cftbe provisions oftbis Chapter
or established development patterns; and
6) Granting the variance is not based on disabilities~ handicaps or health of the
applieant or members of his family; and
7) Granting the variance is not based on the domestic difficulties of the applicant or
hislher family; and
8) Based on the application. the variance is the minimwn necessary to provide relief
to the applicant.
WHEREAS, Staff recommended approval to the Planning COmmission to reduce
the number of parking spaces by 15.5% to 272 so long as six (6) of the parking spaces
were 14' x 55" and designated for boat trailers on site in order to facilitate public use of the
boat ramp; and
P2()..07
King!; PoinW Marina
Parking Variance
Page 2 of3
-~~~-~~.~-"\
I
I
I.
I...
- j:
I
I
I'
[:
J'
------------------l
I
WHEREAS, the Planning Commission determined that designating eighteen (18)
8.5" x IS' spaces would provide adequate parking to facilitate public use of the boat ramp.
NOW THEREFORE, BE IT RESOLVED BY PLANNING COMMISSION
OF MONROE COUNTY, FLORIDA, that the preceding Findings support its decision to
APPROVE the request by Kings Pointe Marina LLC for a variance to reduce the number
of off-street parking spaces from 322 spaces to 272 spaces, to require dedicated on site
parking for boat trailers. scooters, and bicycles with the following conditions:
1) Eighteen (18) standard size (8.5' x 18') parldng spaces shall be designated parking
for boat trailers and tow vehicles to facilitate public access to the boat mmp. Signs
shall be posted designating these spaces as parking for the boat ramp and the dock
master shall facilitate the use of this space to provide for public use of the boat
ramp; and
2) The applicant shall provide a minimum of thirty~two (32) spaces for scooters
and/or bicycle parking; and
3) Prior to the issuance of a building permit, a signed and sealed site plan shall be
submitted showing the scooter and bicycle spaces. These spaces shall not be in any
required setback on the property; and
4) The proposed redevelopment is currently scheduled for Major Conditional Use
review by the Monroe County Planning Commission. No development proposed in
the major conditional use application is being approved by this resolution; and
5) The site plan shall receive aU necessary approvals from the County Engineer.
County Traffic Consultant and Fire Marshall; and
6) All regular parking spaces shall meet the design requm:ments set forth in Chapter
9.5 of the Monroe County Code and aJl handicapped parking spaces must meet the
design requirements set forth in Chapter 1 t of the Florida Building Code, the
Florida Accessibility Code for Building Construction.
,.
l
I
II ASSED AND ADOPTED by the Planning Commission of Monroe County, Florida,
at a regularly meeting held on the 11th day of April 2007.
Chair Cameron
Vice Chair Wall
Commissioner Cates-Deal
Commissioner Popham
Commissioner Windle
~
~
Yes
~
~
BY
PLANNING COMMISSION OF
MO~
BY .
O F'~_ Chai........
. '-'<WlerOl'l, r
Signed this 9' ;JI day of
Nay
. 2007
P20-07
Kings Pointe Marina
Parking Variance
PI1ge3of3
I
I
r
I:
I
J
. ':"";1.:
PLANNING COMMISSiON RESOLUTION NO.. P.21~0:7
A RESOLUTION BY TIIE MONROE COUNTY PLA.NNtNG
COMMISSION APPROVING THE REQUEST BY KJNGS
POlNTE MARINA) LLC, FOR AN AMENDMENT, TO A
MAJOR CONDITIONAL USE PERMIT; REMOVING, AN
EXlS'tINGMAINT~NANCE, SALES OFFICE. & TACKLE
SHOP (2,876 FP), BATIi HOUSE (1 ,232 fT2), WAREHOUSE
(9,600 JT),. DOCK ,MASTER BUILDING (660 fT2). AND
DRY BOAT STORAGE BUILDING (30,090 fT2);
CONSTRUCTING THlRTY - TWO (32) NEW. ATTACHED
MARKET RATE UNITS FOR VACATION RENTAL USE;
ADDING TWO (2) NEW BOAT BARNS (53,040 FP), EIGHT.
(8) WET SLIPS. A RETAIL SHOPI DOCK MASTERS OFFICE
AND BAlT HOUSE INCLUDING SHOWER FACILITIES
(2)625 FP) INTENDED FOR USE BY WET SLIP OWNE~;
CONSTRUCTiNG AN OUTDOOR BAR ADDITION' (735'
~), fLOOD PROOF STORAGE (2.160 FJ'l) UNDER THE'
EXIS'fING FORMER RESTAURANT BUILDING ;
PROVIDING FOR A GATED ENTRANCE; PROVIDlNG FOR
CONDITIONS; ALL ON PROPERTY LEGALLY
DESCRIBED AS WTS J,2. 3 &' ADJ 'BAY :edtroM..
SQUARE 60; P AR't ,LOTS 1,2,3 & ADJ BAY BOTTOM,
SQUARE 61 PART MALONEY AVE VACATED & FILLED
BAY BOTTOM ADJACENT TO MAL<:?NEY AVE, & PART
ADJ PARCEL; UNIT 1-4, J-6. J~9. 3-11, J-12. & 5/52%.
COMMON ELEMENTS OCEANSIDE EAST DRY STORAGE
CONDOMINIUM, STOCK ISLAND. MOl\1ROE COUNTY,
FLORIDA HAVING REAL ESTATE NUMBERS'
00127420.000601 THROUGH 00127420.000675.
00127440.000100 THROUGH OOlZ7440.002S00,'
00127420.0??oo0, 00127420.000100 AND 00127430.00,0101
THROUGH 00127430.00021 I. AT APPROXIMATE MILE
MARKER 5.
! '
WHEREAS, dwing a regularly scheduled public meeting held on April 11, 2007, the
Monroe County Planning Commission conducted a review and consideration of the request filed
P21-07
Kings Poune Marina
Amendment to a Major Conditional Use
Page I of8
'.' ,. - '~
. WHEREAS, the Applicant's predecessor in'lhtere!'t 'obtained a conditional use penn it for.
this property pursuant to Planning Commission Resolution PS2-97 signed August 18, 1999 foi .,.:, ,..... ,
the construction of twenty-two (22) attached permanent mnrket rate dwelling units; one (J)
SWimming' pool; a 372 ft2 pool house; a 120 ft1 91;i~ervation.gaze~; a .?2,OOO ft., boat storage: ~':,
buil~g;: a.43.5 ft2 addition to an existing 2ZS ft:t..dtlekm..aster'~ o~ce; a 1,670 ft~ additioil to~'. :, .
existing tackle shop and a 2,485 ft2 addition to an existing ie'stanrant; ~d, ,; ::
I
i
I
L
,: ._~M. :.:.,
WHEREA.S. the Applicant is proposing to am.~d the Conditional Use. in order to ,:': '<:
,RPMOvE'oo existing mainten!IDce, sales office &~kJ~~p (2.870 ft'), bath bQ\}Se (1;32 ft2)~",,,,";
\~;.'arehQlise (9,600 1\2), dock master buildin.g (6tl0- fi:l). 'arid: dr,y' boat' srotage building (30,090 ft~);', , .
and' CONSTRUCT thiny - two (3~.) new, attached.market rate units for vacation ~taI use; add' . :. ,
tWo (2)Iiew boat bams (53,040 1\2), Eighi (8) VIet 'slipS; a retaill dock m~ers office and baii'.( '::~.
house including shower facilities (2,625 ft:l) intended for use by wet slip owners; an outdoor bar. '.' "" ,
addition (735 ft2-); flood proof a storage area (2,160 ft2) Under the' existing vacant restaurari....'::....,?:.~/
building, privatize ~ new operational restaurant and provid~ 11 ga~ed entrance; and .., .
I
I
I
, I
and
WDEREA.St the subject property is located at 5970 Peninsular Avenue, St~k Island;
WHEREAS, the above described property is located in the Mixed Use (MU) ranq use '. , ' ,
district and. has the, corresponding Mixed Use{Commercial (Me) future land use map" - ,:,:/.,'> ., .
d. ti d (<".'<~
eSJgDa .on; an . . :'i~,.:,:':::.
WHEREAS, the item was heard ~t 11 regularly scheduled meeting of the Development
Review Committee on March 19,2007; and '
. '.~u.:o..._..
WHEREASt the Plarining Commission was presented with the following evidence,
.which by reference is hereby incorporated as part of the recordo! said hearing:
" t
1) The Application for an Amendment to a Major Conditional Use receiVed by the Monroe
COQnty Planning and Environmental Resources Departn'!ent~ including the plans and
surVeys listed in attachment A;
2) The staff report prepared by Julianne Thomas, Planner dated April 2, 2007, with
attachments, said attachments including il Chapter 380 Agreement between Overse~
Redevelopment Company. Monroe County and the Florida Department of Community
Affairs, and a Memorandum dated March 10, 2007, to Andrew Trivette, Acting Director
of Growth Management from the County Attorney;.
3) The sworn testimony of the Growth Management Division Staff;
4) The sworn testimony of the Applicant and Applicant's witnesses;
5) Sworn testimony by the public;
6) Exhibits provided by the Applicant; and
, .
!'
P21.o7
Kings Pointe Marina
Amendment to a Major ConditiOll!ll Use
Page 2of8
!
i'
'WHEREAS, tJIe Planning' €Oinmis'sipn Beard. argLi.rrient and'-explanation;' ftbin. Tim.
Koenig, attorney for tbe Appljcant;,.and
WHEREAS, advice 'andcOunsel were provided by Susan GrimsleY1 AsSistant Comity
Attorney and by John Wolfe, Attorney for the Planning Commission; and . .
WHEREAS, MCC.. ~.9.-~'~.6~: provides the standards which are appliE:able.. to all
conditional use permits which are as f911ows: .
Sec. 9.5-65. Standards applicable to all cond.i~anaJ. uses.
When considering applications f9F a co~diti6Iial use permit, the directar ofpl~g'an.d tIle.
plam:ring connnission shall ,consider tlie extent to. which; " .' . . H .
(a) The conditianal use is:conslfiteni With the plii'poses, goals, abjective~ an~~~s:'oft1le'
plan aJld this 'chapter; " .' . '.. . . '. ..... .:' " ,
(b) The conditional use 1s~consi$tent with the community ch:tract~:r o.fthe iJ;I:rinediai~'vicirli\y
of the parcel proposed for ~evelopment; . '
(c) The design oftbe proposed development minimizes adverse effects, including visual
impacts, or the propas~ use an adjacent praperties; ,
(d) The proposed use will have at! ad~erse effect on tbe value of surrolinding propeitie.s;
( e) The adequacy of public facilities and services~ including but not limited to raadways. park
facilities. poJi'ce and fire prot~tian, hospital and Medicare-services, disaster preparedness
program, drainage systems; refuse !iisposal, water and sewers,judged accordlng aa
standards fram and specificaUy modified by the public facilities capital improvements
adopted in the annual report required by this chapter; "
(f) The applicant fOT conditional use appravai has the financial and teclmical capacity 10.
complete the development as proposed and has made adequate legal provision to
guarantee the provision and development of any open space and other improvements .
associated with the proposed development; . '. " .
(g) The developmentwilJ adverscIy affect a known archaeological, historical or 9u1tur81
resource;
(h) Public accesno public beacbes and orberwatem-ont areas is preserved as a part oftbe .
proposed development; and .
(i) The proposed use complies with all addiaional ,standards imposed on it by the particular
provision oftbis chapter authorizing such use and by all other applicable requirements af
the Monroe County Code.
- I,
WHEREAS, the Planning Commissian has detennined iliat the applicatian meets the
standards required in MCC ~ 9.5-65by the design submitted and by the assignment of the
conditions of lhis resalution; and
WHEREAS, the Staff repart recommends that any new development on the Kings Pointe
site inco.rporate appropriate noise .:reduction and protection methods.
WHEREAS, after consideration' of the testimony and evidence presented, the Planning
Conunission makes the faUawing fmdings ofFnet and Conclusions of Law:
P21-07 Page:; on
Kiugs PoiDle Marina
Amendment 10 a Major Conditional. Uae
i'
i;
i
< <
'. 1. The 31 :RaGo \.1nits, including development rights, may b~ transfertedaccordiilg to the
timns of the 380 Agreement from Overseas Redevelopment Company;~ t.1:.C to the Kings
Poiute Pn?ject according to the tenns of that Agre~eJli~ <which. allows transfer after ti.
buihling penuit is issued for the Affordable Units to be built at Overseas Trailer Park. '
This transfer\vill provide compliance for MCC ~9.5~120 andg9.S-26S. "
. 2. Vlleation'Rental Use is alfowed becau~ it i's.'n~i'sp~~fi~iyph)bibited as it is in otlici:.
provisi9Ds of tbe MU zoning regulations, it,can be reglil'aied as part of this conditional
use process~ and is therefore allowed pursuant to other. tenns and oonditions as set forth in
the MCC governing vacation rentals. This finding bri:~gsthe project into compliance
with:MCC~9 .5-248.
3. The project is.in compliance with Minimum Yards (MCG ~9.5,;..~gi) as a variance request
was approved to reduce the front yard setback fromtwenty:'five (2S) feet to twenty (20)
feet for 260 feet of the frontage along Peninsular Avenue as stated in Planning
Coillmission Resolution P19.07.
4. The project is in compliance with Parking Standards (MCC ~9.5-352) because a variance .
request was approved reducing the nwnbf7 of off-street parking spaces from 322 spaces
to 272 spaces and approving this request as stated in Planning Commission Resolution
P20-07 .
5. Pursuant to MCC ~9,5-354. the property is required tobave two (2) 11' x 55' lmiding
and unloading zones. ..
6. Affordable housing criteria pursuant to MCC g9.5~2~ are met by the tenns of the 380.
Agreement requiring 49 units of Affordable. Employee Housing to be built at property
commonly known as the Overseas Trailer Park. legally described as Lots 1.20, Maloney
Subdivision, Stock Island, .Monroe County, Florida, having Real Estate Numbers:
00125350.009000 and 00125360.000100, according to the tenus oftbe Agreement, over
riding any phasing requirements or simultaneous building at any location including Kings
Pointe for purposes of this application..
!.
7_ The conditional use does not violate the Interim Development Ordinance concerning
working waterfronts because there is no further limitation on use by tbe public lpld
therefore does not diminish public. access nor result in the loss of working waterfront.
The restaurant hIlS not been functional for several years, the boat ramp will be accessible
by the public, there will be some boat and trailer parking, gating will be done for security
after work hours. and repair. work may be done on site by mobile repair services.
j,
- I.
i'
8. Compliance with the fonowing standards imposed on this conditionaJ use application by
the Land Development Regulations pursuant to MCC ~9.5-6S(i) will be detennined by
the Building Department upon submittal for a building pennit to tbe Building
Department:
P21-07
l<ing$ Poinl:e Marina
Amendment to a Major CondiMrulI Use
Page 4 ofB
NOW THEREIi'ORE, BE IT ~soLVEri BY THE PLANNING COMMISSr()N'O~:.
MONROE COUNTY, FLORIDA;' ,
Secti~D 1. The request by Kings Pointe',M~a LLC for lin.~endment to a'major,co~l~j~ori~.
"use pennit for the. folloWing is APP~oym): subject to the conditions in Sectioll:.2: .'"
1; R~moval.of an existing mainienance. sa1~soffice &. tackle shop" (2.870 ftZ), bath lio';se (l,iS:2"
ft2). warehouse (9,600 ft2), dock m~er building (660 ft2). and dry boat storage buildmg (30,090
~ .
2. Construction of thhty - two (32) new. a~ched market rate units for vacation rental use; . .
addition of two (2) new boat bams (53,040 fiZ), Eight (8) Wet slips, a retail shopl dock mas"tern
office and bait house including shower faciiities' (2.625 ft2) intended for use by wet slip owners;
an 'outdoor bar additi on (735 ft2), flood proof storage (2,160 ft2) under the existing restaurant and
a gated entrance.
Section 2. The Approval is SUBJECT TO THE FOLLOWING CONDITIONS:
I. If the site is gated, the following conditIons shall be met:
a. The gate shall be open, at a mhrimum, one (1) hoUr prior to
sunrise and stay open until (1) hour past sunset to provide
for public 8;CCess;
b. There shall be a number posted on the outside of the gate
providing a number to ca)) if the ,gate is not open;
c. The gate shatl comply with an standards and requirements
of the Fire Marshal and other public safety interests;
2. Prior to issuance of a building permit, a signed and sealed site plan
resolving the following issues is required:
d. The site plan shaJJ show the two (2) II. X 55' loading and
Wlloading spaces for the nonresidential uses; .
e. The site plan shall confonn to the decisions ofthe Planning
Commission with regard to the parking and front yard
variances as determined in P19-07 and P20-07;
f. The following requests of . the County's traffic engineer
shall be met: to show the design maneuv.erability through
the site and at the project driveway and to show clear site
visibility details at the access driveways;
P21.07
.. Kings Poin1e Marina
Amendment to a Major Condition.al Use
Page 5 oflJ,
-=~~ 4;
3 n N J ^ I<J
A 3 NO-I If ri
,
I
I
_L .... ','
4;:----~
, ~:l
I
"'~:N-"'"
.... ......... o~ ~~':.:
- -Jl i'
i I
>
<
",-
i~
:r-,
"
'f.
r--1-
3
_ Ii
'f
~
C,~I,{-)
---' I"')
1---
() .,.
;
i.
,
II
~
1
'~-:'
I
, I
\ I
, I)'
~(f~ ~.
,,""~ >'"
1'lrt ".,-
,.' \
.", ",I \~ '\
JJ~V ':t>,\
,. ,J!!" rt~
\ ...,.f~#"~ ~i>
11'~".v- o"}
,Jy.JY~ ~-i.
_n ~
f-
CJ
--'
.r
.,o,!
~'
<'
Ii!
,
,
f-----
,,j'"
,
r
j -
,
~
,!,
,
,,",
,,\
__n~~__m_
\ '---
-""""\
C"~,"""'?
'e "',
o /
~ \:) ,I
.' ~'l
\ /~~\l' :
....."J.I' I
,JJ,v.' \ I
, ,
l ,
~:
il
<
~
~
~
0
n
-
~ w
I- ~
0
--'
""~"';<"'c~
, '" ,d
\ ,'-~--
,----.J
'!--...
- ..~~'-
"r'_",
~ ,
.
, "
,
5i .
'" &
u ;
9.;
II.
I ---,
~; " '
~6 '
"
I ~I: n"
I :i ~ ~ J;
! r, ~,;j~~
;.1". ;Jf..
"' .
i!'
()o
o
---
~C-
~6
3
~~
( ~-
II
.;/ I
I
!
~
0-
X
.
I
.
"
g
d
I J;
Ii ill I
lllf:lllilll
~~""':'~""
o'},,-f~~:t:'J!~l~J
~
.
I
14~!!il!!!Mli!i 1
~ o.t~ ii..!: ~ d~~~j~
II. !
;Il~ !'
fi!!j l~'
I' ,'I
'~fl!.. . ~'."
'Ii" -'~
:I!iljljl!;'
.I" II."
~'"
"--------
Conditions as Kings Pointe Marina (KPM) wants them:
Kings Pointe Marina (KPM) requires the following clause in the contract:
"13. CONDITIONS. It shall be a condition of Purchaser's obligations under
this Agreement that on or before the Closing Date that the following
"Conditions" shall be satisfied or waived in writing by the Purchaser, to wit:
a. Seller shall have successfully abandoned the entire portion of Peninsula
A venue that is currently located to the west of Maloney Avenue.
b. Purchaser shall have received written notice from Seller that, for both the
SUbject Properly and the Marina Property, the Seller it is prepared to issue all
building permits related to the redevelopment of each pr<lPerty with no
contingencies. This Condition will be satisfied upon receipt by Purchaser of the
written notice described in this paragraph 15(b). This Condition will not be
affected by whether Purchaser applies for or ever receives the afolementioned
pennits.
In the event that the above Conditions have not each been satisfied or waived in
writing by Purchaser on or before the Closing Date, then; (i) either party will
have t . this Agreement by written notice to the other party,
wher te or (ii) both parties may agree in
writing to extend the Clos to allo the Conditions to be met."
Note:
Seller is Monroe County.
Purchaser is Kings Point Marina.
Subject Property is Hickory House.
Marina Property is the present Kings Point Marina Property.
~.Aej
/::pI.-
'"fuc...c.
~
r O(H.k ot c.c.wit
01