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Item R8 R8 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting January 31, 2024 Agenda Item Number: R8 2023-1954 BULK ITEM: No DEPARTMENT: Planning & Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Emily Schemper AGENDA ITEM WORDING: A Public Hearing to Consider a Resolution Of The Monroe County Board Of County Commissioners Approving a Request by Smith Hawks, on behalf of My Family Trust 12/04/2012 C/O Sam Stoia and Key Largo Family Trust, LLC (previously known as Key Marina Development, LLC) Renouncing And Disclaiming Any Right Of The County And Public In And To That Portion Of The Right-Of-Way Of East Second Street, As Shown On The Plat Of Mandalay, Plat Book 1, Page 194, Bounded On The Northwest By Block 3; Bounded On The Southwest By A Portion Of Second Avenue; Bounded On The Southeast By Block 4, Lots 1-8; And Bounded On The Northeast By East Second Street; And That Portion Of The Right-Of-Way Of East First Street, As Shown On The Plat Of Mandalay, Plat Book 1, Page 194, Bounded On The Northwest By Block 2, Lots 30-33; Bounded On The Southwest By A Portion Of Second Avenue; Bounded On The Southeast By Block 3; And Bounded On The Northeast By East First Street. ITEM BACKGROUND: The agent-applicant, Smith Hawks, P.L. on behalf of My Family Trust 12/04/2012 C/O Sam Stoia and Key Largo Family Trust, LLC (previously known as "Key Marina Development, LLC"), has submitted an application requesting the Monroe County Board of County Commissioners to voluntarily renounce, vacate, and abandon a portion of the East First Street and East Second Street Public Right-of-Way, in the Mandalay subdivision in Key Largo (approximate mile marker 97.6). The portions of the public right-of-way that are being requested for abandonment in this application are a portion of East First Street, adjacent to Lots 30-33 of Block 2 and Block 3; and a portion of East Second Street, adjacent to Lots 1 and 2 of Block 4 and Block 3. These portions requested were previously abandoned but reverted to the County. Also requested is an additional portion of East Second Street, adjacent to Lots 3-8 of Block 4 and Block 3; this portion of right-of-way was previously requested for abandonment, however, the application was withdrawn. 4735 Per the Applicant, the reason for the request is: ... seeks the abandonment of Area No. 1 to join portions of his property for development purposes and for the safety and wellbeing of the neighborhood. The applicant is seeking to re-abandon Areas No. 2 and 3 to re-establish the previous abandonments and maintain the current configuration of the properties for future development. This public right-of-way abandonment petition has been reviewed by Monroe County professional staff pursuant to Code of Ordinances Section 19-1. Written comments were received from the following utilities and County departments. Florida Keys Electric Cooperative, dated June 17, 2021 (portion of East Second Street); additional letter dated April 4, 2023 (36 East Second Street) Both letters of coordination pose no objections to the request as proposed. During a call on July 27, 2023 with County staff and John Ellsworth of FKEC, it was confirmed utilities no longer exist on East Second Street adjacent to Lots 1&2, Block 4; and East First Street adjacent to Lots 30-33, Block 2. An executed easement dated February 27, 2023 and recorded on March 7, 2023 was provided for the utilities which remain on East Second Street adjacent to Lots 3-8, Block 4. Monroe County staff has confirmed the relocation of FKEC utilities in all three areas requested is completed. Key Largo Wastewater Treatment District, dated June 29, 2023 The letter of coordination poses no objections to the request provided that My Family Trust and Key Marina Development (Key Largo Family Trust, LLC)provide an easement to KLWTD for access and service utilities that may be located with the area of abandonment. If the request for abandonment is approved, a recorded copy of the easement will be required to be submitted to the County within 30 days of approval or the right-of-way reverts back to the County. AT&T, dated June 2, 2021; additional letter dated 4.3.23; revised letter dated August 2, 2023 In the letter of coordination dated June 2, 2021, AT&T poses no objections to the request for the 4736 abandonment of a portion East Second Street (adjacent to Lots 3-8, Block 4)provided that the property owner pay for relocation of existing aerial facilities at a future date which the property owner agreed to. The letter of coordination dated April 3, 2023, AT&T poses no objection to the request for the abandonment of portions of East First Street and East Second Street provided pay for the relocation of existing aerial facilities. The letter also accepts a proposed easement for possible future needs of the adjacent properties. The letter of coordination dated August 2, 2023, AT&T states "all od ST&T relocations have been completed on East First Street, East Second Street and Second Avenue for this project. AT&T no longer has any facilities in the old right-of-way that has been abandoned". Monroe County staff has confirmed the relocation of all utilities in all three areas requested is completed. Comcast, dated June 18, 2021;Email dated May 8, 2023;Email dated August 10, 2023 The letter of coordination dated June 18, 2021 (adjacent to Lots 3-8, Block 4)poses no objections to the request provided that the applicant provides a utility easement. The email dated May 8, 2023 refers to Right-of-Way Abandonment Agreement for Utilities Construction, insinuating utilities will be relocated. The email dated August 8, 2023 states "in those proposed area no Comcast utilities remain". conlp ete(l. lf'regUir (l wt(l if'the regLI St dear �bwtd.ortm ertt is �pprov d, � recorded copy of't e �senlerlt wiH be regUir d to be SUbmitte(l to the COLITity within 30 d,,ys of',,:pprov�. or the right of'w�y reverts b�wk to the COLITItyo 4737 Florida Keys Aqueduct Authority, dated June 14, 2021; additional letter dated June 27, 2023; correction letter dated August 2, 2023 The letter of coordination dated June 14, 2021 (East Second Street, Lots 3-8, Block 4 and westerly 300 ft of Block 3)poses no objection the referenced project provided the applicant submit an easement for the 6"water main, valve and water meters located within the area of the requested abandonment. The letter of coordination dated June 27, 2023 (East First Street Lots 30-33, Block 2 and East Second Street Lot 1 and 2, Block 4)poses no objection to the proposed project provided the applicant relocate the existing 6"water main, and meters located within the requested area for abandonment. The correction letter dated August 2, 2023 (East First Street Lots 30-33, Block 2 and East Second Street Lots 1 and 2, Block 4) confirms correction of the parcel description of the Right-of-Way Abandonment Agreement for Utilities Construction and Relocation. The applicant has submitted two (2) executed Right-of-Way Abandonment Agreement for Utilities Construction and Relocation to the County to be recorded with the approval (if approved) or the right-of-way reverts back to the County. One agreement is for the relocation of utilities located on East First Street and East Second Street (Lots 30-33, Block 2 and Lots 1 and 2, Block 4). The second agreement is for the relocation of utilities located on East Second Street (Lots 1-8, block 4). Pursuant to Monroe County Code of Ordinances 19-1(d), all right-of-way abandonments shall comply with Monroe County Code(s) and standard engineering requirements for road, turn-around, and fire- rescue access. If required for safety purposes, as determined by either Monroe County Fire Marshal or the Monroe County Engineer, a dedicated turn-around area shall be shown on the submitted survey and shall be agreed to in writing and constructed with payment by the property owner(s) requesting abandonment. Monroe County Fire Marshal • Letter of Coordination dated November 13, 2023. • The Monroe County Fire Marshal's Office states, "The Fire Marshal's Office does not object to the right-of-way abandonment for the subject application with the following conditions: 1) Fire and Emergency Access shall be provided through the easement agreement acceptable to the Fire Marshal's Office. 2) The applicant shall test the existing fire well for functionality if the fire well will remain in place for over a 6-month time period. 3) Execute the standard T-turn around agreement with the County's Planning Department. 4738 Please note that any plans submitted after December 31, 2023, will be required to comply with the Building and Fire Prevention Code updates and plans shall provide the appropriate code references. Plans shall identify all applicable Fire and Life Safety Codes, and Standards used for design. As a minimum, the Design criteria shall comply with the Florida Fire Prevention Code (FFPC) 7th edition effective December 31, 2020, consisting of NFPA 1, NFPA 101, F.S. 633, & F.A.C. Chapter 69A." Monroe County Code Compliance Department • Letter of Coordination dated August 18, 2023. • The Monroe County Code Compliance Department has no objection at this time. Monroe County Sheriff's Office • Letter of Coordination dated August 17, 2023. • The Monroe County Sheriff's Office has no objection at this time. Monroe County Engineering Department • Letter of Coordination dated August 15, 2023. • Engineering comments no objection to the abandonment of Area No. 1 and re-abandonment of Areas No. 2 and 3 provided that a T turnaround is constructed at the end of the paved portion of Second Avenue, which is adjacent to and west of the area proposed to be abandoned. [Note: The Applicant has agreed to construct an acceptable alternative turnaround configured to accommodate the dimensional needs indicated by the Fire Marshal.] • The applicant will be required to submit an executed Right-of-Way Abandonment Agreement for Turnaround Construction to the County prior to approval (if approved) to be recorded with the approval or the right-of-way reverts back to the County. County staff has found that the proposed abandonment meets the criteria of Monroe County Code Section 19-1. Further detail is provided in the Staff Report, included in the backup of this agenda item. Based upon this information regarding eligibility for consideration of this application under MCC Section 19-1(d)(1), the professional staff have no objection to Board approving a resolution abandoning a portion of the Monroe County right-of-way Of East Second Street, As Shown On The Plat Of Mandalay, Plat Book 1, Page 194, Bounded On The Northwest By Block 3; Bounded On The Southwest By A Portion Of Second Avenue; Bounded On The Southeast By Block 4, Lots 1-8; And Bounded On The Northeast By East Second Street; And That Portion Of The Right-Of-Way Of East First Street,As Shown On The Plat Of Mandalay, Plat Book 1, Page 194, Bounded On The Northwest By Block 2, Lots 30-33; Bounded On The Southwest By A Portion Of Second Avenue; Bounded On The Southeast By Block 3; And Bounded On The Northeast By East First Street. PREVIOUS RELEVANT BOCC ACTION: November 15, 2006 - BOCC approval of Resolution 603-2006 which vacated the southern terminal portion of East First Street; and Resolution No. 604-2006 which vacated the southern terminal portion of East Second Street. Both resolutions included a reverter agreement associated with the Development Agreement approved on November 14, 2007. The clause stated that the abandoned right-of-way would 4739 revert back to the Monroe County BOCC if the owner had not substantially moved forward with the "Mandalay Project"within two (2)years of the approval of the abandonment. That portion of the right-of-way has reverted back to the Monroe County BOCC. November 14, 2007 —BOCC approval of Resolution No. 493-2007. Approval of Mandalay Bay Development (aka Ocean Sunrise Associates, LLC) Development Agreement to redevelop Mandalay Resort with 22 permanent residential units, three transient hotel rooms, and a restaurant. This Development Agreement specifically extended the reverter agreement for Resolution No. 604-2006 to the period required for obtaining Certificate(s) of Occupancy for the development or ten(10)years from the effective date of the Development Agreement. The Development Agreement expired and the right-of-way has reverted back to the Monroe County BOCC. February 15, 2023 - BOCC approval to set the public hearing for the proposed right-of-way abandonment of East Second Street, Lots 3-8, Block 4; this application was withdrawn by the applicant. December 13, 2023 - BOCC approval to set the public hearing for the proposed right-of-way abandonment of East First Street, Lots 30-33 of Block 2 and Block 3; and East Second Street, Lots 1-8, Block 3 and Block 4. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: NA STAFF RECOMMENDATION: Approval. DOCUMENTATION: Site Plan Requested ROW Abandon ent.pdf Approved T-Turn 10-20-23.pdf 2023-147 FILE.pdf FILE_Amended c� Restated ROW Abandonment App - Stoia.pdf 5.2-Reso_Renounce.pdf 3-Staff Report_DRAFT.pdf FINANCIAL IMPACT: NA 4740 fy �apmaq p p ZI R9 50 SPx xi}F0o L 133a1S®NOOBS 1SN3 9£1 l8 o EO 11",z WH SV3Sd3AO L09L6 a 1N3NdOWA34 VNIdVN AAA -- -- T. a � 2, ,a m r IG w •- =1 IF _ II I I Il I��..i i M:: `� Illlllilll r I r IIII ii I II—� � f III II III yy d w a e 1= ' p I s I I - I > L_ r m I � m = r�. p I I ,�.. � .. -.._ r�:-.:�I sl.—�`'� 1.. I_IIIIIIII 3l A �T It — Ig —I III�I a w w< _ i ICI uy to I z 0 a= Ao I I I rc I y a o ry `s II 51••. x,� to ,o = C NIS w� w o a=o ti ox — 4 ' v N » I F � a mo 1 33 0 5 I , HAM 191 lot His [qit my! 1 VOL No ! it anima v I I a" Hit s s� T s e, I 2rcao�w `8 �1 - I �s �. �w I o . s o� wwi 7 p � =o= a 7 a - - lawil"jivir !Bpi. N. 7 LL >�W v ,.uu1oA :d,"H���,t�s.„u =tea >�� �� <��°papa>soQo o I I Kzo>o-p wr 11 in —I-- - --- gip z „�o s 4742 File #: 2023-147 Owner's Name: My Family Trust 12/4/2012 Key Marina Development, LLC Applicant: Smith Hawks, PL Agent: Barton W. Smith , Esq . Jess M . Goodall, Esq . Type of Application : Right-of-Way Abandonment K Key Largo RE #: 00554420-000000 00554710-000000 00554760-000000 Additional Information added to File 2023-147 End of Additional File 2023-147 A,lml"III,IIIt; : i 10"' l'�d➢1WliO C��IJ!�V"1 Y �, PLANNING & ENVIRONMENTAL RESOURCES D PAR 1" 114 ONRO Cµ C , la"aLAtsli"' NG DE ,„ Right-of= 'ay Abandonment Application An application must be deemed complete and in compliance with the Monroe game County Code by the Staff prior to the item being scheduled for review.. Right-of-Way Abandonment mment Application Fee; $1,990.00 In addition to the aspplreamtion fie,, the,fi)llaa wr."rmg.r e s°also clpp�v: Advertising( casts: $245.00 Date of Application: 66 1 02 12023 Month Day Year Applicant /Agent Authorized to Act for Property Owner':(Agengs"must provide notarized aurmawrizaation rromn all property owners.) Smith Hawks, PL Barton W, Smith/Jess Miles Goodall ......-. _.. .._ _ ........... .. .. ... _ ..... ............-, _ , .,_ - >°"pplicarat.(Nanmc of Person,Misincss or Or,aniaar iern) Naainc emt arson Subinitting Application 136 Siimonton Street, Key West, Florida 330'46 Mailing Address(Street,Oty, State and Zip Q"s.ade) Bart ` m,ithHawks.com; (305) 296 7227 Jess@ armthHawks.com; ___.......................................................—-------- -------------------------------------------- --------------- Work 1111eraac Home mane Phone Cell Phone Email Address Proper", Owner / Applicant� must include do ti menm,showing mho bas le cur aau tb orizaneion to sign.) l*'/ly Family Trust 1112/4/2012 and Key Marina Development, LLC Agent ... ............ ._. ....................... ........... Nanmc of Person,Business or Organization Conrart Nance c/o Agent __..- w _..... ..._._ .......... ....... -_....... _-----, -------- _ --__--,----------------- _.-., .. Mailing Address(Street,Cj" y,State.panel Zip Code) c/o'Agent c/o Agent --- -------------------------------- Work Phone Hoine Phone Cell Phone Ernail Address Description of right-of-way to be abandoned: A Portion of E. 2nd Street and a portion of E. 1 st Street, located at E 36 Second Street, E 81 Second Street, and 97661 t v'e'rse'eis (Highway, Key Largo, Florida, the Areas are described as "Area 1°", "Area ", and "'Area " can the attached survey and legal descriptbn. Area 2 and Area 3 were previously abandoned and are being requested as a re-abandonment. Area 1 is being requested as an abandonment and is the subject of this application pursuant to communications betwmr'een the Applicant and the Bounty, l'a e t of 8 Last Devised March 2023 4746 14 V,I I Il It ,lk"V 10'N Applicant seeks the abandonment for,the,following reasons: The Applicant is seeking to abandon Area 1 to join two portions of his property for development purposes and for the safety and wellbeing of the neghborhood. Applicant is seeking to re-abandon Areas 2 and 3 to re-es,tablish the previous abandonments and maintain the current configuration of the properties for future development, ............ ......................... ............ ............ .......... lLegal Description of Property., of in,met(s and bomids,attach legal description on separate sheet.) See attached surveys Key Largo ... ....... ................................................................................ Nock 1-ot Subdivision Key 00554420-000000�b 0055471 0-000000; and 00554760-000000 1679917;1680206; and 1680257 ..........................................--................. Real Estate(RE)Nwnber Alternate Key Nuniber 97601 Overseas Hwy;, E 36 Second St; and' E 81 Second St, Key Largo, FL ................- Street Address(Street,Cily,State&Zip Code) Approximate Mile Marker 'foetal land area of the right-of-way to be abandoned: Area 1 - 15,000 sf; Area 2 - 6,557 sf; Area 3 - 10,2,68 sf ................................ Present Use ofthe right-of-way to be abandoned. No Use ..................... Proposed use of the right-of-way to be abandoned: Future Development of Properties (;ranting a rigirtr_u,f-way abandonment is based on specific criteria within Section 19-1 of the Monroe County Code ,(copy of the code is attached to this application). Please read the Code carefutly in order to provide appropriate Justification for granting the right-of-way abandonment. I. Demonstrate (lie right-of'-way is no longer required for public use and that the abanclonnient will riot adversely affect public salety or have a negative impact on County streets or public or private utility facilities:Area 2 and Area 3 have been abandoned and revert to the County, Based on the previous abandonment there is no public use and there will be no negative effect on the public. Area 1 was a terminus prior to the County reverter and was of no use to anyone ouitside of the Property owner. Abandoning the three areas have no affect on the public safety or the county streets. Relocation agreements for utilities have been provided. .............................. 2, Does the right-of-way provide public access to laud on open water'? El Yes 7X No 3, Does right-of-way end on a body of'opert water? 1:1 Yes N No 4 Will the abandonment hinder public access to the water? El Yes IN] No 5, Are all adjacent propeily owners in agreement with this petition? Yes [,X—I No �I'Yes,attach notarized agreentent letterfi-toin each owner. 6. Is the, right-of-way abando�tunent located at the end of as street? [S) Yes El N o 7. Is the right-of-way abandonnient part of as Current turnaround area? El Yes [S] No & Is a turnaround required? IM Yes [:1 Igo a., If yes, is the turnaround shown on the RlrVey? IS] Yes E] No 9. Is the right-of-way paved, open to traffic,? El Yes FS] No 11). Are there any structures withlit the required setbacks? 1XI Yes No 11, If'so, what is the structure and when was it built? See Attached Exemption Memorandum ...........12, Is the abanclorn-nest requested by a public or governmental agency? E] Yes 7] No 13. If so, what public putpose will the abandonment page 2 of 8 Last Revised March 202,3 4747 1 11,1 1 1,I( ,y, I It):'\ 14. An end ofa road right-of-way abandortment requires adequate turning radius for public safety vehicles, Please re/cr to the (page,8) a. Have you coordinated with Monroe County Engineering Services? Yes ❑ No b. I lave you coordinated with the Monroe County Fire Marshal? Yes ❑ No c. Have you coordinated with the Monroe County Sheriffs Office? Yes No If as turnaround is required,a Turnaround,1greentent will e required 15. Abandont'nent applications must include written statements (dated within 90 days prior to the application submission date) from all public and private utilities servicing the property (including cable, electric, sewer, telephone, and water) stating any objections or required conditions,to the proposed abandonment. a, Do you have comment letter fi-oril Keys Energy or Electric Co Op? El Yes [] No b. Do you have comment letter from Florida Keys Aqueduct Authority? N Yes 0 No c. Do you have comment letter from Conicast? ® `(es E] No d. Do you have comment letter ftorn AT&T? [X] Yes FNo e. Do You have comment letters from <rny other utifitieS?(i.e.,KW Resort Utility) FX Yes F No f, Are casements or utility relocations required by any of tile utilities? Yes [:] No If utilitiev are relocated,as Vdfio ,,Igreeinent o411 be reqldred. All of the following items must be included in order to have at complete application submission: (Please check the boo as each required items is a"aclull to the application,) ER Complete right44-way abandonment application (unaltered and ullbound) IB Correct fee(check or money order payable to Alonroe Cara.n y Planning 8z' Environmental Resoi.,trc,es) �ER Legal description of the portion of the right-of-way to he abandoned in metes and bounds FA Proof of ownership of the Applicant's property(s) (i,e,, Warranty [)ced) I�:Ib B ES Notarized Agent Authorization Letter ifusing an agent to act on Applicant's behalf. Ali authorization is needed frorn owners, offfie subject property, Bcinv,, 0oh", h', ()vU ray - I'Vhu- uc cicil I ah Current Property Record Card(s) from the Monroe County Property, Appraiser for the Applicant's propert.I Ih ES Location map (i.e.,copy of'strip snap, aerial photograph) I�Ih 6 M�! Photograph(S)of`this right-of-"ay to be, abandoned T I1 I IB Copy of Re,vorded Plat (flat dedicated )tight-of-Way to the(r'otjllty 11 El Title Certification for the right-of-wary (prepared not rnore than 90 (lays prior to, application submission specifying language fioni the plat that dedicated file right-of-way arid the County's interest in the right-of-way). Signed and Sealed Survey of right-of-way to be abandoned and all adjoining properties, prepared by a Florida registered surveyor—2 sets (Survey should be dated within 180(lays prior to the date of application submission, l tdh A o The survey shall depict the precise location an(] dimensions of"the area to be vacated and text from the recorded plat dial dedicated the right-of-way. The sunvy shall also depict all parcels of land within 200 feel of the subject right-of-way and all public and private easements, public utility facilities and private franchise facilities located in or upon said right- of-wa y as well as the dimensions of' all existing structures, paved areas and utility structures, and all 4odics of water oil the site and adjacent to the site.. The portion of file right-of-Way to be abandoned should he marked with diagonal lines arid file applicant's propetlY should be clearly delineated. Ifa turnaround is required, (lie survey niust show, the proposed location and dimensions. Page 3 of 8 L,ast Revised March 2023 4748 APITR 'IN I FON 0 Please note, if there are multiple property owners that are benefitting from the right-of-way abandonment, separate surveys and legal descriptions, for each property owner, indicating and describing their respective portion of the abandonment will be required., 12 Proof of Coordination firoin Monroe. County Ftiginecring Services, Monroe County Fire Marshal, and Monroe Count y Sherift's Office. (Please submit page 8 as Proof of Coordination, a letter is not required for application submittal) p 4o I l EH L,etters front all utility companies (written staternent frorn all public and private utilities servicing the sub�ject property dated, not more than 90, days prior to the (late of submission of the application, including water, server„ electric, telephone, an(] cable television which state any objection or required conditions to the proposed abandonnient). 'I�rb 1 13 Letters of "No Objection" from all affected property owners (an affected property owner is one who would have as incans ofaccess, to his or her property affected as a result ofthe abandonment or one whose property abuts the portion of the roadway to be abandoned); Please note.- Ifa property is owned jointly, all owners must sign. If the property is,part of an estate, proof of authority to sign is require(]. FB A urnxrY AGREEMENT IS REQUIRED when a utility requires relocation of a utility's properly. Please contact the County prior to submitting this application for a copy of the agreententr, '➢a0 J F2 IF A CUL-DE-SAC OR "T-TYPE" TURNAROUND IS REQUIRED to be constructed, it will be the responsibility of the Applicant to construct. The application should include the "Turnaround Construction Agreenient" to construct either the cul-de-sac or ­T-type" turnaround per County- Standard Specifications and Details. Please contact the County prior to submitting this application foi-a copy of the agreement. h,,J Ik" ls there a pending code enforcement proceeding involving all arc-as portion of the parcel proposed for development? E Yes # No Code Case file#­ ­ ­­­­­ . ­­­ .- Describe the enfbi-ceinent proceedi jigs and if this application is being Submitted to correct the violation: Iftleemed necessary to complete a full review of the application,the Planning & Environmental Resources Department reserves the right to request additional information. Applicants agree to be responsible for and pay for all costs of advertising and recording I'ces, incurred relative to this request for the abandonment. 1'be filing of a petition does not guarantee approval of abandonment, Applicants further agree to grant any easement or provide for relocation when necessary for the furnishing of" utilities„ including without limitation: electric, water,sewer, telephone, gas,cable and other cominunication services upon request. Applicants certify that the right-of-way to be abandoned does not end at open water. See Page 5 for Signature and Notary .Acknowledgement Page 4 of 8 Last Revised March 2023 4749 We hereby petition the Honorable Board of County Commissioners to renounce and disclaim any right of the County and the public in and to the above-referenced street, alleyway, road or right-of-way as further depicted and described in the attachments. 'rhe applicant/owner hereby acknowledges and agrees that any staff discussions or negotiations about conditions of approval are preliminary only, and are not final, nor are they the specific conditions or demands required to gain approval of the: application, unless the conditions or dernands are actually included in writing in the final development order or the final denial determination or order. By signing, this application, the owner of the subject property authorizes the Monroe County planning & Environmental Resources staff to, conduct all necessary site visits and inspections on the subject property. 1, the Applicant, certify that I am familiar with the inforniation contained in this application, and that to the best of my knowledge such information is,true, complete, and accurate. ALL OWNERS MUST SIGN IF PROPERTY IS IIELD JOINTLY OR IN AN ESTATE PROOF OF SIGNING AUTHORITY IS REQUIRED. 00; Z-0 -e;if e-2 i oz 3 Signature of Applicant.: Date: STATE OF COUNTY OF Sword to and subscribed bef.bre me, by means of either S/physical presence OR El online notarization, on day of' 2o23, by (PRINTT AhtTw.()F�°PEI SON MAKING STATEMIiNT) Who is, 51/personally known to me OR. 0 produced _N A as ........... I (TYPE OF ID PRODUCED) identification, fVC,NJA TAU R 66 F- .,)TA ii�Y P -N�,UTY C 0 M MIS—S I O—N E D NAME OFNOTARY PUBLIC MY COMMISSION EXPIRES. puh jec,State of FW048 Comrrb$I" om#HH 016141 Awl ar EX;ireS Jun 2q,20,24 n4sd throlu%h NatwnM Nott'ry Am", Send complete application package to: Monroe County Planning & Environmental Resources Department Marathon Government Center 2798 Overseas Highway, Suite 400 Marathon, FL 3 O50 Page 5 of 8 4750 Last RevisedNlarch 2023 ACF',NT Au'rHORIZATIONFORM Date ofAtithorizatiom 06 02 j 2023 Month Day Year Bamm W,smfth Fsq JCSS Milcs 60-LIL ISQ 1 Iterebyauthorize SMITH HAWK. L be I i sled �as authorized agent (Print Name,of Agent) representing Aland Stoia - Key Marina Development for the aIppliC,86011 SUbmission (Print Name of Inteirested Party/Property Owner(s)tile Applicant(sr of ANY/ALL LAND USE APPLICATIONS ................. .......... (List the Name and'J"ype of applications For the authorization) for the Property described as: (il'in rneles and bounds.attach legal description on sepanate shoed) See Attached ........... ................................... ......... Lw Block Subdivision Key (,Nland) See Attached ........................................----........ Real Estate(RE)Number Alternate Key Number 917601 Overseas Hwy, Key Largo, FL 33037 MM 917.7 OCEAN&DE .................................................................................... Street Address(Street,City, State& Zip Code) ApproximateNfite Marker Authorized Agent Contact Information: 1138 SIMONTON STREET, KEY WESTO FL 33040 Nvlaifing Address(Street,City, State and Zip Code) Bart@SmithHawks.com 7- Jess@SmithHawks.c om; Brandi@SmithHawks.com ---------- ........... Work Phone Horne Phone Cell Phone hnafl Address I his authorization becomes effective a:ai the date this affidavit is notarized and shall remain in effect until ternifilated by the undersigned. This atifliorization acts as as durable power of attorney Only fior the purposes stated, ]he undersigned understands the risks and liabilities involved in the granting of this agency and accepts fiLdl responslbihly for ally and dill of the actions of"the agent nanied herein related to the processing of the services requested, application(s) and/or Oic acquisition of'ap pnwal s/perm its for the aforementioned applicant.The applicant(s) hereby indeinnifies and holds harniless Monroe Cc.ainty,, its,officiers, agents and emp.ioyces for any darnage to applicant caused by its agent or arising fiord this agency authorization. Note: Agents mustprovide a notarized authorizationfi-orn ALL cu rre fit properliT owners, Signature of Interested Party/Property Owner: e Printed Nanle of Nana St Interested Party/Property Owner- ------ ............................................. S'FATF OF COUN'FY OF Sworn to and subscribed before me this day of .......... 20-Q by OL who is persomffly known to me OR pre dUCed (Print Name of Person Ma lking Stalerile"i) ............... as ideritification. ............................ -—---------................... 3 1 A RA I B 1ti 0 VN/N od ced) �V`C(� ,,HSSIUN 20 J I �hnumn i2,2o-�2 aw ............ S i g 1,mai—Li;o IAN o 4t,i0rM [)rirt, 'fype(')t Starrljl)('()jjjrj]issioned Name W Notary Public My Commission expires: 4751 A(;ENT AUI I HORIZATION FORM Date of'Authorization: 06 / 012, 12023 Month Nv yew� Balroin W.smr0'11.Usq. Jes,,kfilc SM Go MaH F,sq. I hereby tutthori/,e SIT II&H..__. k be listed as authorized agent ............. (Prim Name of Agent) representing My Famlly Trust - Sam St a 1'(-rr lhe ,,ippfication submission 01rinit Name of Interested 11avty/11irojper1; Owner(s)cite Appficanl(s)) of ANY/ALL LAND USE APPLICATIONS -------------------------------- (Vist(1he Name and Type of apphications for the authorization) for the Property described as' (ifin metes and bounds.auach Ilegal descHpOon on separate See Attached ......... ........ Lot Block Subdiviston Key Island) See Attached . ................ ........... Real Estate(RE)Nuniber Alternate Key Number 36, & 81 East Second Street, Key Largo, FL 33037 W 97.8 Ocens�de Street Address(Street, (114y, Stale&Zip C'ode pproximaleN/file Marker Authorized Agent Contact Information: 1381 SIMONTON STREET KEY ....................... ........................ klailing Address(Street,City, State and Zip C'ode) Bart@SmithHawks,.com ( 305) 296-7227 Jess@SmithHawks.com; Brandi@SmithHawks.com ................. .......-..................................... ................................................ ........................................... Work phone I lonle Phone Cell Phone Finiafl Address brims authori7ntion becoines efl' cfive on the dale this affida,ii,ri, is notarized and shaH wriain in effect rntH terininated by the undersigned. Thk wahorizatiott acts as a durable power ofatiorne), mfly fbr the purposes sualed. 1Fhe unde.rsigned understands the risks and liabilities in in the granting ofthk agency and accepts 11UH responslHity lor an,, and all cif tire ac6ons offfie agent named herein related to the processhig of the services requested, application(s) and/oi thic acqukition ol'approvals/pernihs l)r 011c aft)remenfioned apphcant,"`black as hereby indeinnifies and holds harnfless Monroe Counly, it's officers agents and ernployees; fiv any damage toi applicant caused by its agent or arishrg frotn thisagenc,v aL91horiZatiOu. NiVe:Agents must projr`jik a no heel auffiorizi-itiotiftoin ALL current proper(r owners. Signature of ,,;7 Interested Party)Property Owner: ................... printed Name of Intereste(I Pa rty/Pro pier ty Owner. ...... S,rl AI't"" 01, .....or, C0 N I A' 0 F .... .... Sworn to a (I t cribied before ntle tjriS stals y c) 20 3 by in 1*n- ' Who is po-sont'illy known to me 01� produced .......... ....... (Print Natne of Person Making Suitemeno as idendfication. ............... ......... 111,1s0)XN 51 (Tvpe of It Produtc(l) z 202S ............ --------------- Signature oi'Notary Pubri Print"Type or IStamp C'wmraissioned aatirraru of Notary Public Nly Commission expires: ii,t Rc I'cd i),,:{,Ikj -'()I h 4752 r LINGAL, DE N C RIB� ITIO F " PREPARED BY Company, h1c;, AIFA & COMPANY, INC. { i _ PROFESSIONAL LAND SURVEYORS AND MAPPERS \ FLORIDA CERTIFICATE OF AUTHORIZATION NO. LB #7498 130�50 SW 133RU CT„ MIAMI, FLORIDA 33186 PH, 305-234-0588 LEGAL DESCRIPTION: AREA NO. 1 'That portion of East 2nd Street extending over and accross the North 5,0 feet of Lots 3"4, 5"6, 7 and 6, Block 4„ of,"MANDAL.AY"„ according to the plat thereof„ as recorded Ira Plat Book 1, Page 194,of the Public Records of Monroe County, Florida. Said portion of Fast 2nd Street brining bounded on the North by the Southerly boundary line of Block 3,of MANDALAY, according to the plat thereof, as recorded in Fiat Book 1, Page 194„ of the Public Records of Monroe County„ Florida, hounded on the South by the Northerly boundary mine of said Block 4, hounded on the West by the extension of the Southwesterly line of said Lot 3, bounded on the East by the extension of the Northeasterly lime of said Lot 8, Containing apprraxNnnately 15,000 sg.ft. AREA NO.2 That portion of East 2nd Street extending over,and accross the North 50 feet of Lots t and 2„ Biock 4, of: "MANDALAY", according to the plat thereof„ as recorded in flat Book 1, Page 194„ of the Publrc Records of Monroe County, Florida Said portion of Fast 2nd Street being bounded on the North by the Southerly boundary line of Block 3, of MAINDALAY„ according to the plat thereof, 1 as recorded in Pia,t Book 1, Page 104, of the Public Records of Monroe County, Florida„ bounded on the South by the Northerly � boundary line of said 'dock 4, bounded on the West by the extension of the Southwesterly line of said Lot 1„ bounded on the Fast j by the extension of the Northeasterly Line of said Lot 2. Containing approxirnnatety 6,557 srt.ft. AREA NO. 3 That portion of East 1st Street extending over and accross the South 50 feet of Lots 30„ 31, :32 and 33, Block 2„of. "MANDALAY'" according to the plat thereof, as recorded in Plat Book 1, Gage 194„ of the Public Records of Monroe County, Florida. Said portion of East 1 st Street being bounded on the North by the Southerly boundary line of Block 2,of MANDALAY,according to the prat I thereof„ as recorded in Plat Book 1, Page 154,of the Public Records of Monroe County, Florida„ bounded on tine South by the Northerly boundary line of said Block 3, bounded on the Vest by the extension of the Southwesterly line of said Lot 3:3„bounded on the East by the extension of the Northeasterly line of said Lot 30, Containing approximately 10,268 sq,ft. i 'I, This is not a Boundary Survey. 2. This instrument was conducted for the purpose of a "SKETCH & LEGAL DESCRIPTION" only arid is not intended to delineate the regulatory jurisdiction of any federal, state" regional or local agency, board, comnin ssion or other entity. 3. Bearings shown hereon are based on an assumed meridian of N45"36'00"W along the Center line of 2nd Avenue. 4, Thiis instrument has been prepared for the excluislve use of the entities har ed hereon only and the certifications hereon do not eted to array ttnnarned parties. 5. Certified to. My Family Trust l Ivey Marina Development 6, This instrument was conducted for the purpose of Road Closure of Fast 2nd Street& Fast 1 st Street. 7. Professional Land Surveyor and Mapper in res onsible charge: Armando F, Alvarez LS 5526, State of Florida.. p 0 S. This instrument is not valid without the signature and the raised seal of a Florida Licensed Land Surveyor and Mapper. I hereby certify to the Monroe County Right of Way Department that the Sketch & (Legal Description of the described property is true and correct to the best of my knowledge and belief„ as recently prepared under my direction; also that meets the Minimum Technical Standards set in Chapter 5g..17 Florida Adnninistrative Code, pursuant to Section 472.027 Florida StatutesNU ��, M ATE � F ® Arnnar o F Alvarez" L� 55,, STATE of � 26 Date: 05-15-2'023 ^� Fl_QRIDA Professional Land Surveyor Mapper Job No.: 23-561 ` �, s r „n � State of Floruda NOT' VALID WITHOUT SHEETS 1 TO 5 j (SHEETS EETS 2 O 5 C OC Nh AINVS SKETCH&LEGAL DESCRIPTION) SHEET 1 OF 5 4753 B�ANE NOT TO SCALE I� � � r L..O T S LOT 7 o �# d k )J i Y_AJT Mi f " AAJtl.7A6...A'M" W J 00 M(I)N OE-1 co LOT 5 I u k LOT 29 f Po # LOT 4 M„CrT 30 25 00 y-*`-25 fW,N n 31 ir Y AW)X.A �7AM�MaAM.Ar° zsa 2` rr BLOCK 2 : I{ Mf,':BNROEN'Co. .�. BLOCK 4 LOT"32 �Y ,gl BLOC K 3 •-.... P Ed 7,IPCt.9�M `IMdANOAL.AY �.. MAC7NM31C'fE,CO FB tl PO 194 WNRCE,CO Lot LOT as � L*�➢�" NW: L-a427 on loow 84ff3WWEI r a AvefJE M AVENX 1 I NOT VALID 'IP6PITHIOUIT SHEETS 1 TO 5 (SHEET 1 OF S CO LEGAL DESC;RPT10NSAND S URVEYORS GJOI-ES) SHEET 2 OF 5 _. 4754 i SCALE: 1 INCH = 50 FEET .00, LOT 9 4t r" LOT sate _` 21 oo", LOT 7 Uj ji i LOT 5 BLOCK 3 " ANDALA,Y. � BLOCK 4 f tf 1, f'ra. 4, `MA DALAY" . MsONROE,CO. PH 1,PG 194 r r W fwtONROE,,CO. 02` Im LOT Ir k Metes and Bounds Legal Descriptiow -a Begirt at the Southwesterly corner of Lot 3, Mock 4 of:'°ftilANDAI AY"" according to the plat thereof,as recorded in Plat Book 1"Page'194„ LOT 4 of the Public Records of Monroe County,Florida,thence run N44 22'oo"E a0ong the Northerly Fight-of Way kne of said Block 4 for a distance of 300,00'to a paint,said point also being the Northwesterly corner of Lot 5, Block 4 of:"MANDALAY according to the plat thereof,as recorded in Plat.Book 1, Page 194,of the Public Records of Monroe County, Floridal thence ruts N45*41'15"W for a drstance of 50 09'to a pofirrt on the Southertly R ght-of-Way line of Btock 3"of"MANDAL.AY"",accordung to the LOT 3 plat thereof,as recorded rn Plat Book 1, Page '194,of the Public Records �2�3yy 500�I of Monroe County, Flonda�thence run S44'2'2"9f7'w for a distance of r L CA�NrdLL " Y Cr9R, 300,00'alone the Southerly Right-of-Way line of said'Block 3 to a point„ OF LOT 3 thence run S45'41'1 E for a distance of 50 00'to the Point of Beginning. S464WE . LOT 2 r 1 ° Lot 1 I , I D AVENUE I AREA . 1 I NOT'VALID WITHOUT SHEETS 1 TO 5 (SHEET 1 OF 5 CONTAINS LEGAL DESCRI13TIONS AND SURVEYORS NOTES) SHEET 3 OF 4755 SCALE: 1 INCH 50 FEET I I I i LOT 3 ROB r i.w "NWLY.COO. W4T%V OF LOT 25.0 t' + 75.CNf1" Lu f p y LOT 2. II m BLOCK 4 " +C 'I#ANDAL.AY" BLOCK BLOCK3 P'.Ei 1 l'C3 194 IMANDAI.AY° `1 „ MONHOE,CO MONRCE,CO [ 01 Lot t R-2 .W 1-25.00" D-OMW POO T oo" I" 2 ° SOWOO-E ell 2ND AVER AREA NO. 2 fetes and Bounds Legall Description: Begin at the Northwesterly corner of t...of 2,Block 4"of:"MANDALAY according to the plat thereof"as recorded in (Plat Rook 1,Page 194,of the Public Records of Monroe County, Florida,thence run N45°41'15"'wr'J for a distance of 59.00'to a.point on the aouthertly Right-of-Way lime of Block 3,of:`MANDALAY",according to the plat thereof„as recorded in Plat Book 1,Page 194. of the Public Records of Monroe Crounty, Florida, thence run 944'22'00'W along the Southerly Right-of-Way line of said Block 3"for a drstance of 100 7 a" to a point of tangenicy of a circular Curve, thence SOUthwesterty along said curve concave to the North and having for its elernents a radius of 25.00"a central angle of 93 99",30"and an arc length of 39.27'to a point of cusp on a line, said line being 30.00'North of and parallel to the centerline of 2nd Avenuei thence run S45"35 QCI"E along said Northerly Right-of-Way line of said 2nd Avenue for a distance 100 00'to a point of cusp of a circular curve,thence Northeasterly along said Curve concave to the East and having for its elements a radiors of 25.09'a central angle of 90"00'001"and an arc length of 39,2'7'to a point of tangency on the Northwesterly line of said Block 4 thence run N>44'22'00"E along said Northerly Right-of-Way tine of said Block 4,for a distance of 100.80'to the Point of Beginning. f i NOT VALID WITHOUT SHEETS 1 TO 5 (SHEET 1 OF 5 CONTAINS LEGAL DE CmR1P°'TlON5 AND SURVEYORS NOTES) SHEET 4 OF 4756 i SCALE: 'I INCH = 50 FEET i I i LOT 29 50 ', " ROa B,. N'ELY.COR. rr OF LOT 30 LOT 30 � 7 � LOT31 w r ti BLOCK 3 sLoc 'MIANDALA;Y' x r> MAM1NDALAY' � z Pe t,Ft3 l RR t,Pam.194 MONROE•CO. MONROE,Cc, LOT 32 � r r' LOT 13 "OO'E m !" / NORTHERLY1R/W LINE ryy MyN N Cy"1 UE l AREA NO. 3 Metes and Bounds Legal Descriptian: Begin at the Northeasterly corner of Lot 30,Block 2„of: "MANDALAY"°, according to the plat thereof as recorded in Flat Book 1 Page 194,at the Public Records of Monroe County, Ftorida�thence run S44"22'00"W along the.Southertiy Right-of-Way line of Block 2,of:"MANDALAY" accardlnig to the plat tgiereof„as recorded 41 Plat Rook 1, Page 194,of the Public Records of Monroe County, Florida,for a distance of 175.00'to a.point of tangency of a circular curve,thence Southwesterly along said curare concave to the North and having for its elements a radius of 2 .00' a central angle of 90'00"010""and an arc length of 39.27„to a point of cusp on a Wie,said fine being 30,00'North of and paraliel to the centerline of 2nd Avenue;thence run S4 Uf"38'00"E along said Northerly Right-of-Way line of said 2 nd Avenue for a distance 100,00'to a point of cusp of'a &cwar curve thence Northeasterly along said curve concave to the East and having for its elements a radius of 25.00'a central angle of 90'0 I'oo" and an arc length of 39,27'to a point of tangency on the Northwesterly line of said Block 3 of. "MANDALAY",according to the plat thereof',as recorded in Plat Rook 1, Page 194, of the PuhlNc Reowds of Monroe County, Florida,,thence run N44'22 00T along,said Northerly Right-of-,Way line of said Block 3,for a distance of 175,00' thence run N45"38'00"W a for a distance of 50.00'tea the Point of Beginning. NOT VALID WITHOUT SHEETS 1 TO 5 (SHEET 't OF a CONTAINS LEGAL DESCRIP riONS AND SURVEYORS NOTES) SHEET 5 OF 5 - 4757 LEGAL DENCRIPWION" FA PREPARED B`y ny fi�c. AFC COMPANY, INC. PROFESSIONAL LAND SURVEYORS AND MAPPERS Company, ., FLORIDA CERTIFICATE OF AUTHORIZATION NO. LB#7495 i m/ 13050 'W 133RD CT,. MlAMI, FLORIDA 33186 PH: 305-234-3588 LEGAL DESCRIPTION-. That portion of East 2nd Street extending over and accross the North 50 feet of Lots 3, 4, 5, 5, 7" and 8, Block 4, of: °"MANDALAY according to the plat thereof, as recorded in Plat Book 1,, Page 194, of the Public records of Monroe County, Florida. Said portion of East 2nd Street being bounded on the North by the Southerly boundary line of Block 3„ of MANDALA , according to the plat thereof, as recorded in Plat Book 1, Page 154, of the Public Records of Monroe County„ Florida, bounded on the South by the Northerly boundary line of said Block 4, bounded on the West by the extension of the Southwesterly line of said Lot 3, bounded on the East by the extension of the Northeasterly line of said Lot 8. Contaiining approximately 15,000 s .ft. EY1R's NOTES. 1 THs rs not a Boundary Survey. 2. This instrument was conducted for the purpose of a "SKETCH & LEGAL DESCRIPTION" only and is not intended to delineate the regulatory j,urisdictior7 of any federal, state, regional) or local agency, board, commission or other entity. 3. Bearings shown hereon are based on an assumed meridian of N45'38'00"W along the Center line of 2nd Avenue, 4. This instrument has been prepared for the ecluslive use of the entities named hereon only and the certifications hereon do not earted to any unnamed parties.. 5. Certified to: My Family Trust/ ley Marine Development 5. This instrument ryas conducted for the purpose of Road Closure of East 2nd Street. 7. Professional Land Surveyor and Mapper in responsible charge: Armando F. Alvarez LS 5526, State of Floridta. 3, This instrument is not valid without the signature and the raised seal of a Florida Licensed Land Surveyor and Mapper, I hereby certify to the Monroe County Right of Way Department that the Sketch, & Legal Description of the described property is true and correct to the best of my knowledge and belief, as recently prepared under my direction; also that meets the Minlmurn Technical Standards set in Chapter 5J-17, Florida Administrative Code, pursuant to Section 472.027 Florida StaArma, nd Digi ll' signed by Armando Ally re 1k Gate: 202 .0 ..0 ti r rr: r. By: Armando F. Alvarez LS 5525 FLORIDA Bate: Cif-13-2323 Professional Land Surveyor tapper �'� Job No.: 23-CfCtg '`� r ws t State of Florida NOT VALID WITHOUT SH�EET 2 OF 2 (SHEET 2 OF 2 CONTA s SiKEI.,t.F1& LEGAL.DESCRIFd tq ) SHEET 1 OF 2 4758 LEGAID F ION N1 SCALE: 1 INCH = 50 DEFT 0 .w LOT 9 LOT 8 k tl, N 25 00 �� 2!5 00' :3 LOT 7 w I. LOT 6 BLOC 3 ABLO7CK 4 �AC.�G�UROE,CO 'M AND�,iLAY' RB.1,PG,194 MONRO , O LOTS RECEIVED I LOT 4 w L5 0 MONROE CO. PLANNING DEPT cam, LOTS 25 00'1,- .25.L W 7iL hall signed by Arr Alvarez 41V �. Cate; 2023.02.2 i I LOT Lot 1 2ND AVENUE NOT' VALID IT' T SHEET 1 OF 2 (SHEET 1 OF 2 CONTAINS L_E GAL DESCRPTIONS AINDSWRVEYOR NOTES) SHEET 2 OF 2 4759 SKET'CH & DESCRIPTION T'O BE ABANDONED PORTION OF EAST SECOND STREET MANDALAY (P.B. 1, PG, 194, KC.R.) SURVEYOR'S NOTES: 1. Reproductions of this Sketch are not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. 2, No Title Opinion or Abstract to the subject property has been provided. It is possible that there are Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the: subject property. No search of the: Public Records has been made by the Surveyor, I Bearing shown hereon are assumed with the northwesterly line of Block 4 having a bearing of S 451!0'25" 4. The land description shown hereon was prepared by the Surveyor. 5, Data shown hereon was compiled from instrument(s) of record and does not constitute a boundary survey. S. Abbreviation, Legend: = Centerline, L.B. = Licensed Business;, M.C.R= Monroe County Records-, No. = Number; N.E.'LY = Northeasterly, N,W,'LY = Northwesterly, P.B. = Plat Book; PG., = Page; P.L.S. = Professional Land Surveyor; P.C.B. = Point of Beginning; Res. = Resolution; R/W Right—of—Way, S.E.'LY = Southeasterly, S.W."LY = Southwesterly. SURVEYORS CERTIFICATION: i HEREBY CERTIFY that the attached Sketch and Description of the hereon described property is true and correct to the Ibest of my knowledge and belief as prepared under my direction. I FURTHER CERTIFY that this Sketch and Description meets the Standards of Practice set forth in Chqp,tVr 5J-17, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. "%k 00 Febirua, 11, 202 11 Date L.S.El M Dig itafly signed by Keith M.Chee-A-Tow,Pl&Fl orido R'ki 'frdtjo� lk 5328 iNC,, Date.2021.02,11 14:34:43-0500' A\AROM I � Y NOT VALID WITHOUT SHEETS 1 -3 L.B. No. 3300, RIEVISIONS A VIROM c ASSOCIATES, INC. JOB 9881.7S&D-li —----- A380 SURVEYING & MAPPING SCALE: V,=W 50 S,W 21N1D A VENUE,SUfTE 102 DATE: 05/10/2017 BOCA RATON,FLORIDA 33432 By� &xm' .................... rEL,(5,61)3924594,FAX(561)394-7125 CHECKED: K M C. www.AVIROM-SURVEY.com .......................... 841SHFD (Dav AVIROM&ASSOCIATES,INC a6Vfvtxmawmd. F. — PG. Thil lk"t1h h,ft P IV VI�R A fC TE NOG --......................................................................... V�A S5 Zly and dvoWd C"0 VW,Yho SHEET 1 OF 3 4760 SKETCH & DESCRIPTION TO BE ABANDONED PORTION OF EAST SECOND STREET MANDALAY (P,B. 1, PG. 194, M.C.R,) LAND DESCRIPTION: A portion of East Second Street, a 5O foot wide pubkc right—of—way as shown on, MANDALAY, according to the Plot thereof, as recorded in Plat Book 1, Page 194, of the Public Records of Monroe County, Horida, described as follows: All of those portions of the northwesterly half right—of—way of said East Second Street directly southeast of and adjacent to the southeasterly line of the northeasterly 10O feet of the southwesterly 225 feet of said BIock 3, bound on the southwest by the abandoned portion of said East Second Street per Resolution No, 4913-2007, Monroe County, Florida, ALSO DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGIN at the intersection of the southeasterly line of said Block 3 with the southwesterly line of the northeasterly 100 feet of !southwesterly 225 feet of said Block 3; thence N 45*10'25" E along the southeasterly line of said Block 3, also being, the northwesterly right—of—way line of said East Second Street, a distance of 100.00 feet to the southwesterly line of the southwesterly 200 feet of the northeasterly 325 feet of said Block 3; thence S 44'49'35" E along the southeasterly extension of the southwesterly line of the southwesterly 200 feet of the northeasterly 325 feet of said Block 3, a distance of 25.00 feet to the centerline of said East Second Street; thence S 45*10'25"' W along said centerline, 100.00 feet to the southeasterly extension of the southwesterly line of the northeasterly 100 feet of southwesterly 225 feet of said Block 3; thence N 4449'35" W along the southeasterly extension of the southwesterly line of the northeasterly 100 feet of southwesterly 225 feet of said Block 3, a distance of 25.0,0 feet to the POINT OF BEGINNING. Said liands lying and situate in Key Largo, Monroe County, Florida, containing 2,500 square feet (0.057 acres), more or less. NOT VALID WITHOUT SHEETS 1 -3 REVISIONS A VIROM&ASSOCIATES, INC. JOB#: 9881-7S&D-2 —-—--------- 6 800 SURVEYING&MAPPIN SCALE 1"=50' ............................................................................................... 50 S,W 2ND AVENUE,SUITE 102 DATE 05/1012017 SOCA RA TON,FLORIDA 33432 BY: SAM. TEL,(561)392-2594,FAX(5�61)394-7125 ........................................ -—--_-----_----- -—----- CHECKED� Kkc' wwwAVIROM-SURVEY.com Q2017 AVIROM&ASSOCIATES,INC Win qhtstasorved. RB PG, .............................. Ms skotO is eft�Yopj of A VIROM&A,SSOCIA TEES,INC .............. and shouM nDt be fopm Wed ar copied widiout W�n SHEET 2 OF 3 4761 SKETCH: & DESCRIPTION TO BE ABANDONED PORTION OF EAST SECOND STREET MANDALAY (PJ13. 1, PG. 194,KCR) N.E,'LY LINE OF BLOCK 3 0 50 100 1w , GRAPHIC SCALE IN FEET w 1"=50" BLOCK 3 1,e 'o n a N MANDALAY Z 0 ro Nc o cd 0 L'jj Q (P.B. 1/194, M,C,R,) u i z 0 LOT 6 cn 0 u- w o Ix z BLOCK 4 S 44*49'350 E 25.00" — M MANDALAY --- 0 SOUTHEASTERLY EXTENSION OF (P.B. 1/194, M.C.R. Po�� t N3 N\MANI' c SOUTHWESTERLY LINE OF 25' 25' W < SOUTHWESTERLY 200" OF II in U'j LOT 5 NORTHEASTERLY 325' �6j �E- F Z) OF BLOCK 3 - 0 1 ----------------- cn -—--—--—-- 0 z -,d ui 31: LOT 4 Xi -xj Ice) ch !N 8 C4 V) V) m 04 y (D z 04 0 >- 0 jo _j -j Lo - Ld 3z Ll- 0 -"o m gZ LOTS vi o -i PORTION TO BE ABANDONED -------------- -—--—--—-- --- ------------- J- P.O.B. INTERSECTION OF SlAY LINE OF I P-0-B Y LINE NE OF LOT 2 BLOCK 3 WITH S.W. LY LINE OF m N N.E.'LY 100' OF S.W.'LY 225' OF BLOCK 3 L 7LOCK 3 n zz Lo z rl- z N 44*49'35" W 25.001 vj >1 09 SOUTHEASTERLY EXTENSION OF w Z' m SOUTHWESTERLY LINE OF 25' 25' LOT 1 V) C) NORTHEASTERLY 1010' OF SOUTHWESTERLY 225' OF BLOCK 3 S.W.'C-Y LINE OFBLOCK�73 NOT VALID WITHOUT SHEETS I -3 REVISIONS JOB M 988,1-7 S&D-3 ------- AVIR�OM&ASSOCIATES, INC. ................................ &ASSO SURVEYING&MAPPING SCALE: V=50' 50 S W 2ND AVENUE,SUITE 102 DATE: F5/1012017 BOCA RATON,FLORIDA 33432 BY: &AN, -- ----------------------- TEL.(561)392-2594,FAX(561),394-7125 CHECKED� KWC, wwwAVIROM-SURVEYcom tMqA QM7 AVIROM&ASSOCATES,WC.ah thts maswed F.B. — PG, --—------------------------ Tma Ackh is the=ofdA V=SS0QA TES,INC fda'houidnotba p rr hmit wrftn penWssion. SHEET 3 OF 3- 4762 w SKETCH & DESCRIPTION TO BE, ABANDONED PORTION OF EAST SECOND STREET RECEIVED MANDALAY QP.B, 1, PG, 194,M.C.R,j O ROE CO PLA IIO G I' EP'T' SURVEYOR'S NOTES: 1. Reproductions of this Sketch are not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. 2. No Title Opinion or Abstract to the subject property has been provided. It is possible that there are Deeds, Easements, or othier instruments (recorded or unrecorded) wrhlch, may affect the subject property. No search of the Public Records has been made by the Surveyor. 3, Bearing shown hereon are assumed wrath the northwJestedy line of Block 4 having a bearing of 'S 45'10,25,, W. 4. The land description shown hereon was prepared by the Surveyor. 5. Data shown hereon was compiled from instrument(s) of record and does not constitute a boundary survey. 6, Abbreviation Legend: CL — Centerline; L,B, = Licensed Business; M.C.R- Monroe County Records; No. = Number„ N.E."LY = Northeasterly, N.WLY = Northwesterly, P.B. = Plot Book; PG, Pages P.L.S. — Professional Land Surveyor; P.O.B. = Point of Beginning* R/W = Right—of—Way, S.E.'LY = Southeasterly„ S.W.'LY = Southwesterly, SURVEYOR'S CERTIFICATION: I HEREBY CERTIFY that the attached Sketch and Description of the hereon described property is true and correct to the best of my knawIedge and belief as prepared under my direction. I FURTHER CERTIFY that this Sketch and Description meets the Standards of Practice set forth in Chapter 5J-17, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. Q M .^ C72, 1D°20i23 �� . �. Date; — ___ _. w---- _, KEITH M. C I —A—" OW, O . Florida Re ` Jrotion Na. 5328 AVIROM & ASSWATE'S INC. L.B. No. :3 NOT"VALID WITHOUT SHEETS 1 w 00 REVISION ia� 1S&d-1 S2 1 V � D� I TES, WC. 2J/012,O aEM0VEDREFERENCE r RE 493 007/ � c �a.ASSO SURVEYING & MAPPING sa E _. � 50,S W 2ND AVENUE, SV'IrE 1,02 TFEL.(561)1 392-25 4,FAX(561)394-7125 ._..,... _.. . . ..,... .. ..,..,. ..... ..., „......-.... www.AVIRO SURVEYcom, CHECKED. rsE�w nv1 assears cna . a F, . — P — _ __.. .._.._....._. .w �AWd should not by �ur�ASSOCI�s,INC, SHEET 1 F 4763 SKETCH & DESCRIPTION TO BE ABANDONED PORTION OF EAST SECOND STREET MANDALAY (P.B. 1, PG 194, kC,R,) LAND DESCRIPTION: A portion of East Second Street, a, 50 foot wide public right-of-way as shown on MANDALAY, according to the Plat thereof, as recorded in Plat Book, 1, Page 194, of the Public Records of Monroe County, Florida, described as foillows: All of those portions of the southeasterly half right-of-way of said East Second Street, directly northwest of and adjacent to the northwesterly lines of Lots 3 through 8 inclusive, Block 4, of said Plat, bound on the southwest by the northwesterly extension of the southwesterly line of said Lot 3. TOG ETHER VVITH� All of those portions of the northwesterly half right-of-way of said East Second Street directly southeast of and adjacent to the southeasterly line of the southwesterly 200 feet of the northeasterly 325 feet of said Block 3, ALSO DESCRIBED BY METES AND BOUNDS AS IFOLLOW& BEGIN at the northwest corner, of said Lot 8;1 thence S 45'10'25" W along the northwesterly line of said Block 4, also being the southeasterly right-of-way line of said East Second Street, a diistance of 300.00 feet to the south,westedy line of said: Lot 3; thence N, 44'49'35" W along the northwesterly extension of the southwesterly Hine of said Lot 3, a distance of 25.010 feet to the ceniterlinie of said East Second Street; thence N 45'10'25" E along said centerliine, 99.25 feet to the southeasterly extension of the, southwesterly line of the southwestedy 200 feet of the northeasterly 325, feet of said Block 3; thence N 44'49'35" W along said southeasterly extension of the southwesterly line of the southwesterly 200 feet of the northeasterly 3,25 feet of said Block 3, a distance of 25.00 feet to the southeasterly line of said Block 31, also being the northwesterly right-of-way line, of said East Second Street; thence N 45010'25" E along the southeasterly line of said Block 3, also being the northwesterly right-of-way line of said East Second Street, a distance of 200.75 feet to the northwesterly extension of the northeasterly Hine of said Lot 8, thence S 44"49'35" E along the northwesterly extension of the northeasterly line of said Lot 8, a distance of 50.00 feet to the POINT OF BEGINNING, Said lands lying and situate in Key Largo, Monroe County, Florida, containing 12,,5119 square feet (0.287 acres), more or less. NOT VALID WITHOUT SHEETS 1 -3 REVISIONS A VIROU&ASSOCIATES, INC. JOB 9881-7S&D-1 — 'SCALE 1. 2 1 iE-2 -R—E!M F-ER E N C-,'-.---r-0--RE-S-7-493-2-0-0-7/"K—(,' AST SURVEYING & MAPPING 50, 50S W 2ND AVENUE,SLIFTE 102 DAM 05110/2017 10 SOCA RATON,FLOMDA 33432 BY: S.Ak TEL (56 FJi 392 2594,FAX(561)394-7125 .......... www A WROM-SURVEY cam CHECKED: KM,C, Q=7 AN Cad&ASSOCIATES,1Nr-a#rfgft ruserved. R8, PG, .......................... Me sksft 0a Me==A VIROM A ASSOCA TES,INC. ... aw*�Ww no be or COPW W&"d wakm pamossim. SHEET 2 OF 3 4764 SKETCH & DESCRIPTION TO BE ABANDONED PORTION OF EAST SECOND STREET MANDALAY (P.B. 1, PG. 194, M.C,R) N.E.'Lam.Y LINE OF BLOCK 3 S 44*49'35* E 50.00' NORTHWESTERLY EXTENSION OF ---T------------------------- NORTHEASTERLY-LINE OF LOT 8 N.E."LY LINE OF LOT 8 PORTION \ LOT 8 TO BE ABANDONED P.O.B. NORTHWEST CORNER OF LOT 8 m 'uj 7 u- C141 LOT 7 0 0 Lo 0 BLOCK z \111% -0 Nt w 1--l'0 MANDALAY 0LimLL (P,B. 1/194, M.C.R. C14 oZU N ""N\N L" , Qpo C M m Z LOT 6 < U-) M BLOCK 4 :D 0 Z MANDALAY �"' Lo- < Ln C4 >- Ui z -j (P.B. 1/194, kC.R.) a cr- r- u-J 25' 2�5 0 LOT 5 NN Ui 0 z Lo J- --- ------------------------ U-� N 44*49'35" W 25.00' '\cr) LOT 4 6 """\ SOUTHEASTERLY EXTENSION OF N,1, SOUTHWESTERLY LINE OF . m SOUTHWESTERLY 200' OF u- U-) V) 0 NORTHEASTERLY 325' C*4 <, OF BLOCK 3 LOT 3 Lo S.W. LY UNE OF LOT 3 N 44*49'35" W 25.010' S.W.'LY UNFE OF BLOCK I NORTHWESTERLY EXTENSION OF 0 50 100 SOUTHWESTERLY LINE OF LOT 3 GRAPHIC SCALE IN FEET 1"=501, 1 25' 25' NOT VALID WITHOUT SHEETS I -3 REVISIONS A VIROM&ASSOCIATES, INC. JOB#: 9881-7 S&D-1 .......... .................. 23/02/M REMOVED REFER'ENCF TO RES, 493--2007/ K,C ASSO SURVEYING & MAPPING SCALE: 1.=50. 50 S.W 2AID AVENUE,SUfTC 102 DATE OW 012017 ........... BOCA RAT ON,FLORIDA 33432 By� S.AX. ...................................... .. ................. .................................... rat.. (561)392-2594, FAX(561)1394-7125 CKM KKC, wwwAV1P0M-SURVEYcwr I$Hco 00 CM11 AWROM&ASSOCIATES,WC,ad A.tft ms�wd F'.Bl — PG. tN*s*W0J34hl=AVf SS004 rES or=WA &�auki fm3f be 0�0',vaft, SHEET 3 OF 3 4765 SKETCH & DESCRIPTION _._.. _ ...._-_...Wa. TO BE ABANDONED RECEIVED PORTION OF EAST SECOND STREET MIANIDALAY (P.B. 1, PG. 194, M.C:..R.) NROE GO PLANNING DE PT SURVEYOR'S NOTES: 1. Reproductions of this .Sketch are not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. 2. No Title Opinion or Abstract to the subject (property has been provided. It is possible that there are Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject. property. No search of the Public Records has been made by the Surveyor. 1 Dearing shown hereon are assumed with the southeasterly line of Block 3 having a bearing of N 45"10'25" E. 4. The land description shown hereon was prepared by the Surveyor. 5. Data shown hereon was compiled from instrument(s) of record and does not constitute a boundary survey. E. Abbreviation (Legend: Centerline; L.B. = Licensed Business; M.C.R= Monroe County Records; No. = Number; N.E.'LY = (Northeasterly; N,W!y.'LY = Northwesterly, P.B. = Plat Book„ PG. Page; P.L.S. = Professional Land Surveyor; P.O.B. = Point of Beginning„ Res. = Resolution; R/W Right—of—Way, S.E.gLY = Southeasterly; SX'LY = Southwesterly. SURVEYOR'S CERTIFICATION: I HEREBY CERTIFY that the attached Sketch and Description of the hereon described property is true and correct to the best of my knowledge and belief as prepared under my direction. i FURTHER CERTIFY that this Sketch and Description meets the. Standards of Practice set forth in Chapter 5J-17" Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. Date: 02/110/2.02 I�EI I I 9. C: T P.L.SS Flor�do Regis ration No, 5528 AViROhM,M & ASSOCIATES, INC, NOT'VAUD WITHOUT SHEETS1 -3 L.B. Na. 3300 _ REVISIONS AWfId?OM&A SOC1AToE'S, INC, 81- S,&D-2 � T.r u g a r/ � AS SO �RV �� a ♦ 50 5 W 210 AVENUE,SUITE 102 DATE. Oil012 17 SOCA PA TON, (392- 6 Ji FLORIDA 33432 TEL. 561 CHECKED:Y 25+3�E1'A.k' '1,p 39A-�1"25 ._. ...�SAM .._._.. wwwAVIROM-SUR com ....._... .........._......_....._,.,_....__..,_._..._. . st s C _. and shoWd n are ar or aA n pamisalam SHEET 1 OF 3 4766 4767 SKETCH & DESCRIPTION TO BE, ABANDONED PORTION OF EAST SECOND STREET MANDALAY (P.B, 1, PG. 194, M.C.R.) LAND DESCRIPTION: A portion of East Second Street, a 510 foot wide public right-of-way as shown on MANDALAY, according to the Plat thereof, as recorded in Plat Book 1, Page 194, of the Public Records of Monroe County, Florida, described as follows:� All of those portions of the northwesterly half right-of-way of said East Second Street, directly southeast of and adjacent to the southeasterly line of the northeasterly 100 feet of the southwesterly 225 feet of said Block 3, bound on the southwest by the southeasterly extension of the southwesterly line of the northeasterly 1 00-feet of the southwesterly 225-feet of Block 3. ALSO DESCRIBED BY METES AND BOUNDS AS FOLLOW& BEGIN at the intersection of the southeasterly line of said Block 3 with the southwesterly line of the: northeasterly 100 feet of southwesterly 225 feet of said Block 3; thence N 45'10'25" E along the southeasterly Hine of said Block 3, also being the northwesterly right-of-way line of said East Second Street, a distance of 100.010 feet to the southwesterly line of the southwesterly 200 feet of the northeasterly 325 feet of said; Block 3; thence S 44'49`35" E along the southeasterly extension of the southwesterly line of the southwesterly 200 feet of the northeasterly 325 feet of said Block 3, a distance of 25.00 feet to the centerline of said East Second Street; thence S, 45'10'25" W along said centerline, 100.00 feet to the southeasterly extension of the southwesterly line of the northeasterly 100 feet of southwesterly, 225 feet of said Block 3-, thence N 44'49'35"1 W along the southeasterly extension of the southwesterly line of the northeasterly 100 feet of southwesterly 225 feet of said Block 3, a distance of 25.00 feet to the POINT OF BEGINNING, Said lands lying and situate in Key Largo, Monroe County, Florida, containing 2,500 square feet (0,057 acres), more or less, NOT VALID WITHOUT SHEETS 1 -3 REVISIONS A VIR'OM&ASSOCIATES, INC. JOB 9881-7'S D-2 '�-- -W�— - -q '1"-- 7--......................"R MoVE Li�T' =Y,""Fs �i--20071 KC AS$ SCALE: V=Sa SURVEYING & MAPPING 50 S,W 2ND AVENUE'SUITE 102 DATE OW1012017 SOCA RATON,FLORIDA 33432 TEL. (56 1)392-2594,FAX(561)394-7126 By: SAM. wwwAV1R0M-,1'3UPVEYccm CHECKED,—KM.C. ..................... ...................................... ISHED (02017 AMCM&ASSOCIATES,INC.aWVftmwrved. F.B. — PG, rhos Math ft IN P t'l=&WASSO TES 1,NC .......... and 00W IWIt bo VWX,=�e M,��, SHEET 2 OF' 3 4768 ............ .......... 73 LL ry z r / � roo�ax-=x® �� i 1/8 A-MOL IVN LLJ 0 oz ASM1.11N oc, LO LO C) 0 LL 0 > o) CL 6 "I'll rl /1-1 (Z I3RHS 3RS)9NI-1 HOlVN .............. ......---.................... G l�3HHS 9HS)9NII HOIVIN �oaoa s Pl F�c. ��—.,^' .. ^ d'dNV SHHN.LS \9ZOL Sas a£ P \ _ QNO�i1S,LSd'I _m . m, -o I it I C7 � 1 J c Fc I Lij Cc Er s I I { — I� - a o / /) o L i y,p 00 9Z l!d co 00 3 SZ of � ° N � S SS2IId LStlH lo S Lo o 0� _ \ 0 Li- N o o 3I I a 1 � II i lip I I j I I N 71 J � I _ �oosuos=v a .00 oz=a m e) ALL 12 9 'ON GVOW'JIVIS i AVA1HDIH SVSSXaAO Doc# 1912077 12/14/2012 1:51P#1 Filed & Recorded in Official Records of MORROE COUNTY AMY HEAVILIN T141S INSTRt.3MENT PREPARED BY/RETURN TO: 12/14/2012 1.51pm Thornton McDaniel, Jr., Esq. DEED DOC STAMP' Cu_: DS $0.70 P,O. Box 1'44555 Coral Gables, Ff, 33114-4555 Returtito_Same, Doc# 1912077 A,K, 1' os/113,-141680109 0055401 00 00'00Ew023 Bk# 2603 Pq# 2456 f/1680206 00554710000000066239 48527624 000045160000000000010 CORPORATE LIMITED WARRANTY DEED THIS CORPOR,'ATE LIMITED WARRANTY DEED, Executed this day of DE<C-tA6eZ— 1 2012, by first pa SAM rty, UEL C. STOIA, President of . ................... Rock Harbor Marina, Inc., a Florida corporation, whose post offlice address is: P.O. Box 888, Key Largo, FL 330,37, GRANTOR, '1 as second party, MY FA,M It LY TRUST, Samuel C, Stoia, Trustee u/t/a Dated4._day of . 2012, whose post office address is: P.O, Box ii-9, Key Largo, FL, 33037, GI .ANTEE-r WI'TNESSETH, Tbat the said first party (grantor), for good and 'Valuable consideration and for the sum of TEN DOLLARS ($10.00) paid by the said second party (grantee), the receipt of which is hereby acknowledged, does, hereby grant, bargain, sell, remise, release, confirm and convey unto the said second party for-ever-, all the right, title, interest and claim which the said first party has in and to the following described parcels of land, and improvements and appurtenances thereto in the County of MONROE State of Florida to wit: SEE LENGTHY LEGAL DESCRIPTIONS ATTACHED AS, EXHIBIT "A", Property Addresses: A.K. 41680109. Vacant Land, Kcj Largo, 'Ff, 33037 A.K. 416 8 012 016� Unit 22, 30 E, 2'1, St,, Key Largo, FL 330:37 A.K. # 527624: 81 E� 2"d St,, Key Largo, Ff, 33037 This deed conveyed without benefit of survey or title search. This is not the: homestead of the Grantor. Together, with all the tenernents, hereditaments and appurtenances thereto belonging or in anyway appertaining, TO HAVE AND TO HOLD, the same in fee simple forever. AND the Grantor hereby covenants with said Grantee, that,the Grantor has good right arid lawful, authority to sell and convey said land, that the Grantor warrants the title to said land for any acts of Grantor and will defend the title against the lawflul claims of all 4772 oocu 191207'7 Bk# 26013 Pga 2457 persons claiming by, through, or under Grantor; and that. said land is free of all encumbrances, except taxes accruing subsequent to the current year, Subject to all limitations, restrictions, conditions and easements of record, if any. IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and sea] the day and year first above written, Signed, sealed and delivered in presence of ' A C Signature o Witnes #If4 ----- 16 TO, A, President Vn o A Printed Name of Witness #I &) .............. Signature of Witness #2 Printed lame of Witness #2 STATE OF FLORIDA I COUN'YY OF MONROE On 201,2 before me, a Notary Public duly licensed in the State of appeared SAMUEL C. STOIA,, (Vrpersonall known Known Lq_oe or( )having produced as identification, to be!tine lean narne is subscribed to the within instrument and who acknowledg,ed to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon be:hal,l'of which the person acted, executed the instrument and who did not take an oath. WIT� --- my ha d and oAfficial s W<11fiant Known, or ----- --- Si ture of No a P ' .ic .—Produced ................... Notary's Printed Name My commission expi SEAL: 2, 4773 Doc# 1912077 Bku 2603 PgE 2458 A.K. #1680109 A.K. 41 80206 A.K. #8527624 Late 5, 6, 7 and 5 in Block 4, and. Lot 28 in Block 2, and the Southwesterly 2,00 ft. of the Northeasterly 325 ft. of Block 3, o MANDAIAY, accoredin to the plat thereof as recorded in plat Bonk 1, at page 194, of the public records of Monroe County, Florida, said land in Block 3 being 250 ft. in depth and 200 fit, in width and lying between Past Pirst Street and East Second Street, according to the Plat of MANDALAY.. and „Fill Sprit" c!oomwnce at the most Northerly corner of Lot 8, Block , man delay, a subdivision of monroaai county, Florida, as .recorded in Plat 'Book 1, at page 1"34 of the public records of 'Monroe county, Florida thence South 45 degrees e13'10" seat along the Northeaaatarly lot line of said Lot s for 100 feet to a point on the historic shoreline, said Vint being the ;point of beginning's t3lance, continue South 4S ,degrees 3118" East for 6.10 feet to a 'point cn the wean high aster linos, thence South 57 degrees 30031" west for 6.88 feetj thence South 31 degrees 7133" west for 24.82 feet] thence South 11. degrees 39139�" East for 26.32 feeetj thence South 30 degrees 59'SS" East. for 35.67 feeti thence South 40 degrees 46'3811Eaast for 43.6S feet t thence South 41 degrees S9"34" East for 31.615 feet; thence South 39 degrees 5S'S3" East. for 34.85 feasts thence South IS degrees i7'S1" East for 34.47 fester thence South 35e degrees 38136" West for 23.46 fsst,l thence South 42 degrees 2310311 West for 27.71 feats thence south 1s degrees 49'28" West for 11.04 f'eety thence south 6 des rsea 1.6,051, East for 15.86 feats thence South 39 degrees 48'13" Feast for '33.63 fasts thmucs South 40 degrees 19,o4" taut for 47.72 feet, thence south 40 degrees 021220 past for 35.57 feet) thence South 33 degrees 0'66M° East for 23.07 feats thence South 6 degrees 56'o" west for 14.66 feet r thence North 82 degrees 16'e37" Nest for 4.17 feett thence North. 44 degrees 23'35" Kest for 19.22 feeetl North 43 degrees 3610S"' west for 36.44 fasts thence North 4,6 degrees S2"09" west for 45.81 .feet, thence North 42 degrees 16'40" want for 37.46 feats thence North 4.3 degrees 43124" west for 43.35 feat, thence North 41 degrees s'Ss" West 26.37 feet; thence North 44 degrees c►'06" west for 18.47 feet to a point on a seawall, the preceding 2S courses are along the mean high water 1 (elevation 156 n.g.v.d.) p thence South s1 degrees 1403801 great for 2.95 feats thence North 6 degrees 53'06" worst for 6.06 feetf thence North 43 degrees SSooquEst for s6.71 feats thence North 41 maces 4610311 West for 111.48 feet to at point on the historic shoreline, the preceding 4 courses area along the seawall, thence North. 44 degrees 590S7" East along the historic shoreline for 01.39 feet to the point of beginning MONROE COUNTY OFFICIAL RECORDS EXHIBIT A 4774 Doc# 1912080 12,E 14/2012 1 z 51ph Filed & Recorded In Official Records *j THIS FNSTRUMENTPREPARED M"tONROE COUNTY AMY 14EAVILIN BY/ E°T1.rRN TO: Thornton McDaniel,Jn, Esq. 1 114/ 12 n: 1PM Coral Gables, FL 3311.4-4555 Return to Sarre. A.K. Nos/lD,A 1 0 57/005 47 000'00000 9 Doc# 1912000 CUCIRPORATE LIMITED WARRANTY DEED THIS CORPORATE LIMITED WARRANTY DEED, Executed this day of 1 P --Q 017, by first party, S MC.EL C. STt i, , President of M., . 97.5 ley Fargo Oceanside Marina, Inc., a Florida corporation, whose post office address is: P.O. Box 370888, Key Largo, FL 3330 7-0888, GRANTOR, To second party, M'r' FAMILY TRUST, Samuel C. Stola, Trustee u/t/a Dated lay of D C,G-_ _._. 2012, whose post office address is P.O. Box 37Cl tt'll, Key Largo, FL, 33037-0888, GRANTEE: 'MIW'1'1 NESS,E "H, That the said first party (grantor), for good and valuable consideration and for the sure of TEN DOLLARS ( 10.00!) paid by the said second party (grantee), the receipt of which is hereby acknowledged, dues hereby grant, bargain, sell, remise, release,confirm and convey unto the said second party forever,all the right, title, interest and claim which the said first ply :has in and to the following described parcels of land, and improvements and appurtenances thereto in the County of-h!ONROE , State of Florida to wit: SEE LENG 11Y LEGAL DESCRIPTIONS ATTACHED AS EXHIBIT "A". Property Addresses: A.K. #I680O 57 81 E. St., fey Largo, FL 33037 This deed conveyed without benefit of survey or title search. This is not the homestead of the Grantor. 'Together, with all the tenements,hereditarnents and appurtenances thereto belonging or inn anyway appertaining, TO HAVE AND "TU HOLD, the same in fee simple forever. AND the Grantor hereby, covenants with said grantee that the Grantor has good right and lawful authority to sell and convey said hand.; that the 'Grantor'warrants the title to said land for any acts of Grantor and will defend the title against the lawful claims of all persons claiming by,through, or under Grantor"and that said land is free of all encumbrances,except tapes accruing subsequent to the current year. Subject to all limitations, restrictions, conditions and easements of record, if any. t 4775 Doc# 1912080 IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed, sealed and delivered in senee o i�natua e of Wit, s _.�.__..._ .t� �[. '. T l , president Printed . ame of Witness#I - a_ Signature of Witness#2_ _....... __.. ..... 6 Printed Name of Witness # STATE OF FLORIDA co,uwY" OF MONROE ., � y in the (fin .� .' �. 1 before crone a loot Public dnl licensed Mate of.., �. .4 _ appeared L C STOIA, (Kpersonally known,to ,m,,,,�or( )having produced ---I,-----.--.---.__ as identification, to be the person whose name is subscribed to the within, instrument and who acknowledged to me that lie executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person anted, executed the instrument. and ,who did tioat take an oath. WI hand and fcial _. . ..�-._ zant Known, or otaa Pulico Produced I i a b m_.._..... ...... _ ....._......... Notary's printed Name OAY" ". norntnn MV�flWL Jr my commission expires 10N#Er837 s �� IF ; 124, C�'t6 E ., ,,,W,%,, �. RONNmARY.com 4776 ?00 A.K. #1680257 4in M4 4 orMANDALAY,according to the PW dwmoras rmx%W W Plat Book 1.at pop 194 Ord*public F as follmw � 1t'' oft di ` ` lim be bats 2 and S,in 4 c the S "ly side of d S all as d d P°1aa . 1.Pap 19t4.Pub s of M County,Florida,r S .y along , i baween Lou 2 3 a distaxe or 15Q feat to the most s*iy muer orsaid Lat 3 mad Vw Point orDeSbudhS of the pwwl baciada desmihsd-,tlouce continue SW ly alon last ds bal'counts cliscamm a or 2$0 feet,*auca N V ly axW p"I to dw sWd My Ado orFAA Smand Sum e distam of 100 feel to tlta S .l N on a**dividing line 1rot+som IAU#4 and S orsaid Block 1 '''ly along mW poloapdat ortk dividing,litre Net 4 and S e distance*1`250 hat to Ux mom E*iy comcar efsald 1 4 SW`ly dw Wly ofsald Lots 3 and d a dka=of 100 ted to the point of'1te EXHIBIT A t4t1lV RO, CON.NN T'Y OFFICIAL RECORDS 4777 iedand Recorded in Official Records of MONROE COUNTY KEVIN AI.ADOK ectrtonicallylk.EC: $231.00 TI-11S INSTRUMENT PREPARED BY AN D RE'r`(JRN TO: Ryan C. Balin, Esq, 100750 Overseas 1-lighway Key Largo, FL 33037 AFFIDAVII' BEFORE ME, the undersigned authority, a No(ary Public in and for said County and State, on this day personally appeared, Samuel C. Stoia, (hereinafler called the "Afflant") who after being by me first duly sworn, upon oath does, depose and say; That the Attaclied Exhibit A is a true and correct Agreement between the parties,, FURTHER AFFIANT SAVE TH NAUGHT —---------- S91111jel C. Stola STATE OF FLORIDA (I,OUNTY OF AIONROE The foregoing instrument was acknowledged before ine by ineans of(X)physical presence or online Notarization on this-13 day of December, by Samuel C, Stoia who is personally known tome or who has produced_ oeev�ers as identification and did take an oath. S EA 1, N,4;Ptr,--6']i C Ryan C. Bahn ............... ...... f�at nted Notary Name RYAN CLAYFON WIN My Commission Expires: '?P' 140tar v Psibk-Stak,of f Iw iam (aminksiGn#HH out 01 A !LMy Comm.Expkes im 1%MOP$ ded through Natkimil Ma t,j�y&%jq. 4778 PURCHASE OPTION AGREEMENT This Purchase Option Agreement (this "Agreentent") is made on thelothday of March 2021 (the "Effective Date"), by an(,] between KEY MARINA DEVELOPMENT, LLC, as Florida hrnited liability company, whose address is 52 Riley Road, Unit 155, Celebration, FL 34747 (hereinafter referred to as "Grantor"), and SAM STOIA and. ALANA ST101A, or their successors and/or assigns, whose address is P.O. Box 370888, Key Lai-go, F1, 33037 (hereinafter collectively referred to as"Grantee"'), The Grantor and the Grantee may individually be referred to as the "Party" and collectively be referred to as the "Pat-ties"'. WHEREAS, the Grantor is the, sole owner ofcertain real property being, lying and situated in Monroe County, Florida, with as street address of 97601 Overseas flwy., 'Key Lai-go, FL 33037 (hereinafter referred to as the "Property"). NOW, THEREFORE, for and in consideration ofthe premises arid the mutual covenants and agreements contained hereinn and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee hereby covenant arid agree as follows: I, Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. 2. Grant oration. Subject to the terms and conditions contained herein, Grantor, for itself, its successors and assigns, hereby grants to Grantee an exclusive option (the "Option"') to purchase the Property. 3, Option Term. Grantee's Option to purchase the Property shall commence on the Effective Date and shall expire on the date that is nine (9) months li�om the Effective Date, (the "Option Period"). 4. Consideration. As consideration for the Option granted by Grantor, Grantee has, of even date herewith, granted a loam ("Loan") to Grantor in the original principal amount of TWO HUNDRED FIFTV THOUSAND AND 1" O/100 DOLLARS ($250,000.00). 5, Manner of ExercLsin Y.0 titian, Grantee inay exercise the Option at any time during the Option Period by delivering written notice of Grantee's intent to purchase ("Grantee's Notice") to Grantor. Grantee's Notice shall (i) be signed by the Grantee, (ii) be mailed to Grantor at the address set forth for Grantor in the first paragraph herein, (iii) state that the Grantee, intends, to exercise its Option to purchase the Property, (iv) state a proposed Closing Date for such sale, (v) and shall be formatted in substantially the following tbrin: Date& TO: ...__lGrantor FROM: 4779 Grantee: hereby exercises its Option to purchase the Property commonly known as 97601 Overseas Hwy,, Key I.,argo, FL 33037, pursuant to the Purchase Option Agreement dated 202 1, The proposed Closing Date for the sale shall be 2021--. 6. Terms of Sale. The ternis ofthe Purchase of the Property shall be as follows� a. Purchase Contract. In the event Grantee elects to exercise the Option, Grarnor and Grantee agree that the Parties shall enter into a vacant latid contract substantially in the form attached hereto as Exhibit "A" and by this ref rence made a pail. hereof, (the "Vacant Land Contract"). b, Purchase Price. The total purchase price for the Property (the "Purchase Price") shall be, FIVE MILLION THREE HUNDRED THOUSAND AND NO/100 DOLLARS ($5,300�,000.00), c, :�'Iosijvy�, Closing ofthe purchase shall OCCUr on a date that is mutually acceptable to Grantor and Grantee, but shall be no earlier than 15 days, and no later than 60 days, ftorn tile date of delivery of Grantee's Notice (the "Closing Date""), T Refinance, Grantor and Grantee agree and acknowledge that Grantor may refinance and/or grant a first-position lien or security interest on the Properly at any time following tile date that is ninety (90) days following the Effective Date without tile consent of Grantee. Grantee agrees to reasonably cooperate with, Grantor and Grantee's lender in connection with any such finance or security„ 8 Road Closure Propertl. Grantor further grants to Grantee an option (the "'Road Closure ption") to purchase a Portion of the Property more particularly set forth oil Exhibit "B" attached hereto and made a part hereof (tile "Road Closure Property"). Grantee rriiy exercise the Road Closure Option by delivering written notice of Grantee's, intent to purchase Road Closure Property ("Road Closure Notice"') within thirty (30) days, after expiration of the Option period. The purchase price fbr the Road Closure Property shall be $75,000.00 ("Road Closure Purchase Price"), whicli shall be deducted &onl tile OUtstanding Principal balance ofthe Loan. Closing of the purchase shall occur on a date that is Mutually acceptable to Grantor and U!Mntee, but shall be no earlier than 10 days. and no later than 30 days, from the date eat'delivery of the Road Closure Notice. In the event Grantee exercises the Road Closure Option and closes on tile purchase of the Road Closure Property prior to closing on the Property, the Road Closure Purchase Price shall be credited against the Purchase Price at Closing. 9, Default- Remedies, Default- a. If' Grantee shall breach any of' the terms or provisJons of this Agreement or, otherwise fail to perform any ol"Grantee's obligations Under this Agreement, and it" such failure continues fear ten(10) days after Grantor Provides Grantee Nvith written notice thereof', Grantor niay, at Grantor's wile discretion, terminate this Agreement by delivering written notice Of such termination to Grantee, whereupon the parties 4780 shall have no further rights or obligations hereunder, except for those rights and obligations which expressly survive the termination of this Agreement,, b, If Grantor shall breach any of the terms or provisions of this Agreement or otherwise fail to perforin any of Grantor's obligations under this Agreement, and if such failure continues for tell(10) days after Grantee provides Grantor with written notice thereof, Grantee may elect to either (i) terminate this Agreement; or (ii) proceed with an action against Grantor for specific performance, provided, however, that unless Grantee files with the clerk of' a court of appropriate jurisdiction of Monroe County, Florida the legal process necessary to seek and obtain specific performance of this Agreement within six (6') months ftorn the date of such default, then Grantee shall be deemed to have forever waived its right to seek and obtain specific perforniance for such default of this Agreement. 10. Commission. Grantor and Grantee each represents and warrants to tile other that no broker or finder has been engaged by it in connection with this transaction. To the knowledge of Grantor and Grantee, no fees or commissions have been paid or are due and owing to any person or entity by the Grantor or Grantee, The Parties each hereby agrees to indemnify and hold harmless the other front and against any and all claims for broker fees or similar charges with respect to this transaction, arising by,through or under the inderrinifying party, and each further agrees to indemnify and hold harmless the other from any loss or damage resulting from all inaccuracy in the representations contained in this Section. This indemnification agreement of the parties shall survive the Closing. 11, Recording of Agreement, Upon request of either Party, tile Parties shall execute and record a memorandum of this Agreement in the Public, Records of any public office. 12, Timing, Time is of the essence in this Agreement. 11, Govei-nine Law and Venue. This Agreement shall be governed, construed and interpreted by, through and tinder the Laws of the State of Florida. 'The parties further agree that the venue for any and all disputes related to this Option Agreement shall be Monroe County, Florida. 14 ) tion to Purchase Contililing. In the event a conflict arises, between the terms and conditions of the Vacant Land Contract and this Agreement, this Agreement shall control. 15. Entire A ication. This document sets t7ol-th. the entire agreement and areementz.,Modir understanding between the parties relating to the subject matter herein and supersedes all prior discussions between the parties. No modification of or amendment to this Agreement,, nor any waiver of any rights tinder this Agreement, will be effective unless in writing signed by the party to be charged 16. Binding Effect, This, Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 17. Countei-parts, This Agr-eement may be executed in several counterparts, each constituting as duplicate original, but all Such Counterparts constituting one and tile, same Agreement, 4781 18, Attorna's,Fees, In the event any Party to this Agreement ShOUld bring suit against another party in respect to any matters provided for herein, the prevailing party sliall be entitled to recover ftom the non-prevailing party its costs of court, legal expenses and reasonable attorneys' fees and paralegal's fees. As used herein, the "prevailing party" shall include, without firnitation, any party who dismisses an action for recovery hereunder in exchange f6i, payment of the sums, allegedly due, performance of covenants allegedly breached or consideration substantially equal to the relief sought in the action. ISignature Page Followsl 4782 IN WITNESSWBEREOF,the parties have execrated this Agreement o the day and year first written above, WITNESSETH GRANTOR, KEY MARINA.DE "EL tPMElC+T" LC, Print'Name:6cdv Df OirtJWt> a Florida ida limited liability eons arty Fran tip" Viz, —V R It 41 T—[ I "( to 'fb) Jo Tint me: It.5 'N(rc.);6 SAM STOIA 41 a r ALANA STOIA 4783 EXHIBIT' A Vacant Land Contract (see attached) 4784 Vacant Land Contract 1* 1, Sale and Purchase: K fli_t�ej Marina Development,,L,LC,,a eorida limited liab !ycompany ("Seller") 2'* and Sam Stoia and Alana Stela ("Buyer") 3 (the"parties")agree to sell and buy on the terms and conditions specified below the property ("Property"') 4 described as: 5* Addr'ess: 97601 Overseas HKyL.tS#yLarq9,,F 6* Legal Description- 7 See Exhibit A to Addendum to Vacant Land Contract —------------- 10 11* SEC n-WP of Imme ,County, Florida, Real Property ID No.:, 00554420-00,0000 12* including ali improvements existing on the Property and the following additional property: 13' 14' 1 Purchase Price: (U.S.currency)........, ............. $ _5,10-0000,00 15 All deposits will be made payable to"Escrow Agent"named below and held in escrow by: 16* Escrow Agent's Name', Storey Law Group, P.A. 17* Escrow Agent's Contact Person: Edward A.Storey/I/, 18* Escrow Agent's Address: 3670,Mgguie,Slvd Suite 200, Orlando,FL 32,803 19* Escrow Agent's Phone: 407 -1225 210' Escrows Agent's.Email: estorew(Mstore ylawgroug.coma , 21 (a) Initial deposit($0 if left blank) (Check,if applicable) 22* 0 accompanies offer 23* 0 will be delivered to Escrow Agent within_days (3 days if left blank) 24* after Effective Date .,... ...... . .............._...... $ 25 (b) Additional deposit will be,delivered to Escrow Agent(Check If applicable) 26* 0 within days (10 days if left blank)after Effective Date 27* 0 within_days(3 days if left blank) after expiration of Feasibility Study P,eriod... ... $ 28* (c) Total Financing (see Paragraph 6) (express,as a dollar amount or percentage).. ...... $ 29* (d) Other; $ 30 (e) Balance to close(not including Buyer's closing costs, prepaid items, and prorations) 31 to be paid at closing by Mre transfer or other Collected funds... $___Aj�_0_0_,_Q_Oq_,OO 32* D(Complete only if purchase price will be determined based on a per unit cost instead of a fixed! price )The 33, unit used to determine the,purchase price is 0 lot 0 acre D square fool 13 other(specify)': 34* prorating areas of less than a full unit. "The purchase price wfli be$ per unit based on a 35 calculation of total area of the Property as certified to Seller and Buyer by a Florida licensed surveyor in 36 accordance with Paragraph 8(c). The following rights of way and other areas,will be excluded from the 37* calculation. 38 1 Time for Acceptance, Effective Date: Unless this offer is signed by Seller and Buyer and an executed copy 19* delivered to ail parties on or before , this offer will be w0fdrawn and Buyers deposit, if 40, any, will be returned, The time for,acceptance of any counter-offer will be 3 days,after the date the counter-offer is 41 delivered, The"Effective Date" of this contract is the date on which,the last one of the Seller and Buyer has 42 signed or initialed and!delivered this offer or the final counter-offer. 43* 4, Closing Date: This transaction will dose on ("'Closing Date"), unless specifically 44 extended by other provisions of this contract. The Closing Date will prevail over all other time periods including, but 45 not limited to, Financing and Feasibility Study periods, However, if the Closing Date occurs on a Saturday, 46 Sunday, or national legal holiday, it will extend to 5:00 p.m, (where the Property is located) of the next business 47 day, In the event insurance underwriting is suspended on Closing Date and Buyer is unable to obtain property 46 insurance, Buyer may postpone closing for up to 5 days after the insurance underwriting suspension is fifted. If 49 this,transaction does not close'for any reason, Buyer wHi immediately return all Seller provided documents and 50 other Items. 51 5� Extension of Closing Date: if Paragraph O(b) is checked and Oosing Funds from Buyer's lender(s) are not 52 availabie on Closing Date due to Consumer Financial Protection Bureau Closing DiSdlMire delivery requirements Buyer L__)(_)and SeHer L__)acknowledge receipt of a copy of Mrs page,which as I of 8 pages, 3 rh ea 2120 C2020 Flohda Realtors& Licensed to Aita Star Software and ID1821768 446372 software and added formatting 0 2021 Alta Star Software,all rights reserved.#www,altastar.com (877) 279-8898 4785 53 ("CIPP13 Requirements), if applicable!, then Closing Date shall be extended for such period necessary to satisfy 54 CFPB Requirements, provided such period' shalt not exceed'! 10 days. 55 6. Financing: (Check as applicable) 56* (a) 0 Buyer will pay cash for the Property with no financing contingency, 57* (b) 0 This contract is contingent on Buyer qualifying for and obtaining the commitment(s) or approval(s) specified 58. below("Financing")within_days after Effective Date(Closing Date or 30 days after Effective Date, 59 whichever occurs first, iif left blank) ("Financiing Period"") Buyer will apply for Financing within days 60 after Effective Date (5 days if left blank) and will timely imely provide any and all credit, employrne4,—f�nancoal, and 61 other information required by the lender. If Buyer, after using diligence and good faith, cannot obtain the 62 Financing within the Financing Period, either party may terrTtiinate this contract and Buyer's deposrt(S)will be 63 returned, 64 (1) D New Financing: Buyer will secure a comniltment,for new third party financing for $ 6s* or % of the purchase price at(Check one) 0 a fixed rate not exceeding % 0 an 66" adjustable interest rate not exceeding % at origination (a fixed rate at the,prevailing interest rate 6,7 based on Buyer's creditworthiness if neither choice is selected). Buyer,will keep Seller and Broker fully 68 informed of the loan appfication status and progress and authorizes,the lender or mortgage broker to 69 disclose all such informabon to Seller and Broker, 70A (2) 0 Seller Financing, Buyer will execute a C11 first 0 second purchase money note and mortgage to 71* Seller in the amount of$ _% and payable as f6flows, bearing annu61 interest at 72* '73 The mortgage, note, and any security agreement will be in a form acceptable to Seller and will follow 74 forms generally accepted in the county where the Property is located'; Mt provide for a late payment fee 75 and acceleration at the mortgagee"s option if Buyer defaults; wilt give Buyer the right to prepay without "761 penalty ail or part of the principal at any time(s) with interest only to date of payment; will be due on 77 conveyance or sale" will provide for release of contiguous parcels, if applicablei and will require Buyer to 78 keep liability insurance on the Property,with Seller as additional named insured. Buyer authorizes Seller 79 to obtain credit, employment, and other necessary information to determine creditworthiness for the 80 financing, Seller w'ill,within 10 days after Effective Date, give Buyer written notice of whether or, not Seller 81 will make the loan, 82' (3) 0 Mortgage Assumption: Buyer will take title subject to and assume and pay existing first mortgage to 83* 84* LN# in the approximate arnount of$ currently payable at 85* $ per month, including principaI, interest, 0 taxes and insurance,, and having a 8V F1 fixed M other—(describe) 87' interest rate of %which C1 will 0 will not escalate upon assumption. Any variance in the mortgage 88 will be adjusted in�the balance due at closing with no adjustment to purchase price. Buyer will purchase 89* Settees escrow account dollar for dollar. It the interest rate upon transfer exceeds_%or the 90* assumption/transfer fee exceeds$' 1, either party may elect to pay the excess, failing 91 which this contract wiltterminate; ah� _B__u- ye deposit(s)will be returned, If the lender disapproves Buyer, 92 this,Contract wilt terminate„ and Buyer's,deposit(s)will be returned, 93* 7 ssignability: (Check one) Buyer 0 may assign and thereby be released from any further liability under this 94* contract, X may assign but not be released from liability Linder this contract, or L1 may not assign this contract try* & Tjtlew Seiler has the legal capacity to and will convey marketable title to the Property by Eli statutory warranty 96. deed X special warranty deed 0 other(specify) , free of liens„ easements, 97 and encurnbrances,of record or known to Seller, but subject to property taxes for the year of closing, covenants, 915 restrictions,, and', public utility easements of record„ existing zoning and governmental regulatiow and (list any 99* other matters to which title will be subject) x. 100 provided there exists at closing no violation of the foregoing, 10111 (a) Title Evidence: The party who pays for the owner's title insurance policy will select the closing agent and pay 102 for the titre search, including tax and lien search (inciuding municipal lien search) if performed, and all other 103 fees charged by closing agent Seller will deliver to Buyer, at 104* (Check one) 0 Seller's 0 Buyer's expense and 105* (Check one) 0 within—days after Effective Date 0 at least—_days before Closing Date, 106 (Check one) 1071 0 a title insurance commiltment by a Florida licensed title lnsurer setting forth those matters to be 108 discharged by Seller at or befo,re closing and, upon Buyer recording the deed, an owner's policy in the Buyer and Seller(___j L_)acknowledge receipt of a copy of this page,which is 2 of 8 pages,, VAC-1 3 Rev 2120 02020,Flodda Real for Ucensed to Alta Stw Software and 11D 18217GOA46372 Software and added formatting 0)2021 Alta Star Software, all rights reserved, .altastar.com-(877)279.8898 4786 109 amount of the purchase price for fee simple title subject only to the exceptions stated above, if Buyer is s, 110 paying for the owner's title insurance policy and Seller has an owner's policy, Seller wiH deliver a copy to 1111 Buyer within 15 days after Effective Date. 112* (2) El an abstract of title, prepared or brought Current by an existing abstract firm or certified as correct by an 1113 existing firm. However, if such an abstract is not available to Seller, then a prior owner's,title policy 114 acceptable to the proposed insurer as a base for reissuance of coverage may be used, The prior policy,gill 115 include copies of all policy exceptions and an update in a formal acceptable to Buyer from the policy 116 effective date and certified to Buyer or Buyer's closing agent together with copies of all documents 117 recited in the prior policy and in the update, lf such an, abstract or prior policy is not available to Seller, 118 then (1)above will be the title evidence, 119* (b) Tiitle Examination,, After receipt of the title evidence, Buyer will,within_days (I Ol days if left blank) but 120 no iaterthan Closing Date', ideliver written notice to Seller of title defects. Title will be deemed acceptable to 121 Buyer if(i) Buyer,fails to deliver proper notice of defects or (ii) Buyer delivers proper written notice and Seller 122" cures the defects within--days (30 days if left blank) ("Cure Period"') after receipt of the notice. if the 123 defects are cured within the Cure Period, closing Will Occur within, 10 days after receipt by Buyer of notice of 124 such cure. Seller may elect not to cure defects if Seller reasonably believes any defect cannot be cured within 125 the Cure Period, If the defects are not cured within the Cure Period, Buyer will have 10 days after receipt of 126 notice of Sell:ier's inability to cure the defects to elect whether to terminate this contract or accept title subject 127 to existing defects and close the transaction without reduction in purchase price. 128 (c) Survey: Buyer may, at Buyer's expense,have the Property surveyed and: must deliver written notice to 129 Seller, within 5 days after receiving survey but not later than 5 days before Closing Date, of any 130 encroachments on the Property, encroachments by the Property's improvements on other iands, or deed 131 restriction or zoning violations. Any such encroachment or viNation will be treated in the same manner as a 132 title defect and Seller's and Buyer's obligations will be determined in accordance with Paragraph 8(b). 133 (d) Ingress and Egress. Seller warrants,that the Property presently has ingress and egress. 134 9, Property Condition: Seller will deliver the Property to Buyer at closing in its present"as is"condition, with 135 conditions resulting from Buyer's Inspections and casualty darnage, if any, excepted. Seller will not engage in or 136 permit any activity that would materially alter the Property's condition without the Buyer's prior written consent. 137 (a) Inspections: (Check(1) or(2)) 138* (1) Cl Feasibility Study: Buyer will, at Buyer's expense and within_days(30 days if left blank) 1 319 ("Feasibility Study Period")after Effective Date and in Buyer's sole and absolute discretion, determine 140 whether the Property is,suitable for Buyer"s intended use, During the Feasibility Study Period. Buyer may 141 conduct a Phase 1 environmental assesstrient and any other tests,, analyses, surveys, and investigations 14,2 ("inspections")that Buyer,deems necessary to deterrn inie to Buyer"s satisfaction the Property"s 143 engineering, architectural, and environmental properties; zoning and zoning resthcfions; subdivision 14,4 statutes„ soil and gradem availability of access,to public roads, water, and other utilitim consistency with 1145 local, state, and regional growth management plans" availability of permits, government approvals, and 146 flcenses„ and other inspections that Buyer delerns appropriate, If the Property must be rezoned, Buyer will 14,7 obtain the rezoning from the appropriate government agencies. Seller will sign all documents Buyer is 148 required to file in connection with development or rezoning approvals, Seller gives Buyer, its agents, 149 contractors, and assigns,the right to enter the Property at any time during the Feasibility Study Period for 150 the purpose of conducting inspections, proOded, however, that Buyer, its agents, contractors, and assigns 1151 enter the Property and'conduct Inspections at their own risk, Buyer will indemnify and hold Seller 152 harmless from losses, damages, costs,, claims, and expenses of any nature,, including attorneys' fees, 153 expenses, and liability incurred in application for rezoning or related proceedings, and from liability to any 154 person, arising from the conduct of any and ail Inspections or any work authorized by Buyer, Buyer will 155 not engage in any activity that could result In a construction Hen being filed against the Property without 156 Sellers prior written consent, If this,transaction does not close, Buyer will, at Buyer's expense, (i) repair 157 all damages to the Property resulting from the Inspections and return the Property to the condition it was in 158 before conducting the Inspections,and (ii) release to Seller all reports,and other work generated as a 159 result of the Inspections. 160 Before expiration of the Feasibility Study Period, Buyer must deliver written notice to Seller of Buyer's 161 determination of whether or not the Property is acceptable. Buyer"s failure to comply with this notice 1162 requirement will constitute acceptance of the Property as suitable for Buyer's intended use in its "as is" 163 condition if the Property is unacceptable to Buyer and written notice of this fact is timely delivered to 164 Seller, this contract will be deemed terminated, and Buyees deposits)will be returned, Buyer (__)and Seller acknowledge receipt o!f a mpy of this page,which is 3 of 8 pages,, VAC-13 Rev 2120, 0112020 Florida Re hors Licensed to Alto star Software a:nd 01821768.446372 Software and added formatting C 2021 Alta Star Software,a!H rights resierved.-www.altastar.com-(877)279.8898 4787 165* (2) >4 No Feasibility Study: Buyer,is satisfied that the Property is suitable for Buyer's purposes, including 166 being satisfied that either public sewerage and water are available to the Property or the Property wwilll be 167 approved for the installabon of a well and/or private sewerage disposal system and that existing zoning 1618 and other pertinent regulations and restrictions, such,as subdivision or deed restrictions, concurre!ncy, 169 growth management, and environmental conditions, are acceptable to Buyer. This contract is not 170 contingent on Buyer conducting any further investigations. 171 (b) Government Regulations. Changes in government regulations and levels of service which affect Buiyer's 172 intended use of the Property will not be,grounds for terminating this contract if the Feasibility Study Period has 173 expired or if Paragraph 9(a)(2) is selected. 174 (c) Flood Zone: Buyer is ad0sed to verify by survey, with the lender, and with appropriate government agencies, 175 wh&i flood zone the Property is in,whether flood insurance is required,, and what restrictions apply to 176 improving the Property and rebuilding in the event of casualty, 177 (d') Coastal Construction Control Line ("CCCL"), If any part of the Property ties seaward of the CCCL as 178 defined in Section 161 053, Florida;Statutes, Seller wili provide Buyer with an affidavit or survey as required 179 by law delineating the line's location on the Property, unless Buyer waives this requirement in writing. The 180, Property being purchased may be subject to coastal erosion and to federal, state, or local regulations that 181 govern coastal property, including delineation of the CCCL, rigid coastal protection structures, beach 1,82 nourishment, and the protection of marine turtles. Additional information can be obtained from the Florida 183 Department of Environmental Protection, including whether there are significant erosion conditions associated 184 with the shore line of the Property being purchased, 18,5* X Buyer,waives the right to receive a CCCL affidavit or survey. 186 10. Closing Procedure; Costs., Closing will take place in the county where the Property is located and may be '187' conducted by mail or electronic means. If title insurance insures Buyer for title defects arising between the title 188 binder effective date and recording of Buyer"s deed, closing agent will disburse at closing the net sale proceeds to 189 Seller(in focal cashier's check if Seller requests in writing at least 5 days before closing) and brokerage fees to 190 Broker as per Paragraph 21,, In addition to other expenses provided in this contract, Seller and Buyer will pay the 1911 costs indicated below. 192 ('a) Seller Costs: 193 Taxes on deed 194, Recording fees for documents needed to cure title 195 Title evidence(if applicable under Paragraph 8) 1196 Estoppel Fe'e(s) 197"' Other: 198 (b) Buyer Costs: 199 Taxes and recording fees on notes and mortgages 210O Recording fees on the deed and financing statements 201 Loan expenses 202 Title evidence (if applicable under Paragraph 8) 203 Lender's title policy at the simultaneous issue rate 204 Inspections 2o5 Survey 206 Insurance 207* Other 208 (c) Prorations: The following items will be made current and prorated as of the day before Closing Date-, real 209 estate taxes(including special benefit tax liens imposed, by a CDD), interest, bonds, assessments, leases, and 210 other Property expenses and revenues. If taxes and assessments for the current year cannot be determined, 211 the previous year's rates will be used with adjustment for any exemption's. 212 (d) Special Assessment by Public Body: Regarding special assessments imposed by a public body, Seller will 213 pay (i) the fulli amount of liens that are certified, confirmed, and ratified before closing and (ii), the amount of the 214 last estimate of the assessment if an improvement is substantially completed as of Effective Date but has not 215 resufted in a Iien before closing; and Buyer will pay all other amounts, If special assessments may be paid in 216* installments, Cl Seller IJ Buyer(Buyer if left blank)will pay instaliments due after closing, If Seller is 217 checked, Seller will pay the assessment in full before or at the time of closing. Public body does not include a 218 Homeowners' or Condominium Association, 219 (e) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT 220 PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT BUYER MAY BE OBLIGATED TO 221 PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHM OR PROPERTY Buyer C.__)( )and SeNer L_)acknowledge receipt rats copy,of this page,wh�ch is 4 of 8 page& VAC-1 3 Rey 0_0 02020 Fimida FrealtorsV Licensed 10A11a Slar$oftware and ID182176B 446372 Software and added formatting C 2021 Alto Star Software,all rights reserved,-wwwAilltastar.corn-(877)279-8898 4788 222 IMPROVEMENT'S TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER 223 PROPERTY TAXES, IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE 224 COUNTY PROPERTY APPRAISER'S OFFICE FOR FURTHER INFORMATION, 225 (f) Foreign Investment in Real Property Tax Act("FIRPTA"),, If Seller is a""foreign person"as defined by 226 FIRPTA, Seller and Buyer will comply with FIRPTA,which may require Seller to provide additional cash,at 227 closing. 228 (g) 1031 Exchange: If either Seller or Buyer,wish to enter into a like-kind exchange (either simultaneously with 229 closing or after) under Section 1031 of the Internal Revenue Code("'Exchange"), the other party will cooperate 230 in all reasonable respects to effectuate the Exchange including executing documents, provided, however, that 231 the cooperating party wM incur no liability or cost related to the Exchange and that the closing will not be 232 contingent Upon, extended, or delayed by the Exchange, 233 11. Computation of Time: Calendar days will be used when computing time,periods, wili-pil liwa paWaria W i 2 1 go!11141446 pooligoll 04,111 46it's 010 t—l L.- -i-PAPW4041 willk-W 06640im" 661610061ii,� Iiiiiii1mil 6010 Mallismal Ill 235 Aolilja�ia ORWaAW ip 6 1-1-0-Q-r-4 A 11-%, Other than time for acceptance and Effective Date as set forth in Paragraph 236 3, anytime periods provided for oir dates specified in this Contract, whether preprinted, handwritten, typewritten or 237 inserted herein, which:shall end or occur on a Saturday, Sunday, or national legal holiday (see 5 U,S,C. 6103) 238 shall extend until 5:00 p,m. (where the Property is located)of the next business day. Time is of the essence in 239 this contract, 240 1Z Risk of Loss; Emii!nent Domairl It any portion of the Property is materially damaged by casualty before,closing 4141 or Seller negotiates with a governmental authority to transfer all or part of the Property in lieu of,eminent domain 242 proceedings or an eminent domain proceeding is initiated, Seller will promptly inform Buyer, Either party may 241 terminate this contract by written notice to the other within 10 days after Buyer's receipt of Seller's notification, 244 and Buyer's deposit(s)wiii be returned, failing which Buyer will close in accordance with this contract and receive 245 all payments made by the governmental authority or insurance company, if any, 246 13, Force Majeure: Seller or Buyer will not be required to perform any obligation under this contract or be liable to 2,47 each other for damages so long as the performance,or noin-performance of the obligation is delayed,caused, or 248 prevented by an act of God or force majeure. An"act of God or "force majeure!"is defined as hurricanes, 249' earthquakes, floods, fire, unusual transportation delays, wars, insurrections, and any other cause not reasonably 250, within the control of Seller or Buyer and which by the exercise of due diligence the non-performing party is unable 2511 in whole or in part to prevent or overcome, ,II time periods, including Closing Date,will be extended for the period 252 that the act of God or force majeUre is in place, However, in the event that such act of God or force majeure event 253 continues beyond 30 days, either party may terminate this contract by delivering written notice to the other,, arid 254 Buyer's deposit(s)will be returned. 255 14., Notices: All notices will be in writing and delivered to the parties and Broker by mail, personal delivery, or 256 electronic means. Buyer's failure to timely deliver written notice to Seller,when such notice is required by 257 this contract, regarding any contingency will render that contingency null and void, and this contract will 258 be construed as if the contingency did not exist. Any notice, document, or Item delivered to or received by 259 an attorney or licensee (including a transactions broker) representing a party will be as effective as if 260 dellivered to or received by that party. 261 15. Complete Agreement; Persons Bound: This contract is the entire agireenient between Seller and Buyer. 262 Except for brokerage agreements, no prior or present agreements will blind Seller, Buyer, or Broker unless 2613 incorporated into this contract. Modifications of this contract will riot be binding unless in writing,, signed! or 264 initialed, and delivered by the party to be bound Electronic signatures,will be acceptable and binding This 265 contract, signatures, iniflails, docurnents referenced in this contract,, counterparts, and written modifications 266 ccmrnunicated electronically or on paper will be acceptable for all purposes, including delivery, and will be binding. 267 Handwritten or typewritten terms inserted in or attached to this contract prevail over preprinted terms, If any 2681 provision of this contract is or becomes invalid or, unenforceable, all remaining provisions will continue to be fully 269 effective,, Seller and Buyer will use diligence and good faith in performing all obligations Linder this contract. This 270 contract will not be recorded in any public record. The terms "Seller,""Buyer,°"and"Broker" may be singular or 271 plural. This contract is binding on the heirs, administrators, executors, personal representatives, and assigns,, if 272 pe�rrnitted, of Seller, Buyer, and Broker, 273 16. Default and Dispute Resolution: This,contract will, be construed under Florida law, This Paragraph will survive 274 closinig or termination of this contract 275 (a) Seller Default: if Seller,fails, neglects, or refuses to perform Seller's obligations under this contract, Buyer, 276 may elect to receive a return of Buyer's deposit(s) without thereby waiving any action for damages resuffing BLAyer (_)and Seller acknowiedge receipl of a ropy of this page,which is 5 of 8 pages. VAC 13 Rev2/20 02020 Florida Reaftors& Licensed to Alta star Software and 0182$768.446372 Software and addedforritiatting 0 2021 Alta Star Software,all'rights reserved..www,,altastar.com-(877)279.8898 4789 2'77 from Seller's breach and may seek to recover such damages or seek specific performance, Settler,will also be 278 liable for the full amount of the brokerage fee, 279 (b) Buyer Defauilt: If Buyer fails, neglects, or refuses to perform Buyer's obligations under this contract, 2813 including payment of deposit(s),within the lime(s) specified, Seller may elect to recover and retain the 281 deplosit(s), paid and agreed be paid, for the account of Seller as agreed upon liquidated damages, 282 consideration for execution of this contract, and In full settlement of any claims,whereupon Seller and Buyer 283 will be relieved from all further obligations under this contract; or Seller, at Seller's,option, may proceed in 284 equity to enforce Seller's rights under this contract 285 17, Attorney's Fees; Costs: In any litigation permitted by this Contract, the prevailing party shall be entitled to 286 recover from the non-prevailing party costs and fees„ including! reasonable attorneys'fees, incurred in conducting 287 the litigation, This Paragraph 17 shalt survive Closing or termination of this Contract. 288 1& Escrow Agent; Closing Agent- Seller and'! Buyer authorize Escrow Agent and closing agent(collectively 289 "Agent") to receive, deposit, and hold funds and other items in escrow and, subject to Collection, disburse them 200 upon proper authorization and in accordance with Florida law and the terms of this contract, including disbursing 291 brokerage fees, "'Collection"or"Collected"means any checks tendered or received have become actually and 292 finally collected and deposited in the account of Agent. The parties agree that Agent will not be liable to any person 293 for misclelivery of escrowed items to Seller or Buyer, unless the misdelivery is due to Agent's wiliful breach of this 2,94 contract or gross negligence, If Agent interpleads the subject matter of the escrow,Agent will pay the filing fees 295 and costs from the deposit and!will recover reasonable attorneys' fees and costs to be paid from the escrowed 2916 furids or equivalent and charged and awarded as court costs in favor of the prevalhirig party, 2,97 19. Professional Advice; Broker Liability: Broker advises Seller and Buyer to verify all facts and representations 298 that are important to them and to consult an appropriate professional for legal advice (for exampie, interpreting this 299 contract, determining the effect of laws on the Property and this transaction, status of title, foreign investor 300 reporting requirements, the effect of property lying partially or totally seaward of the CCCL, etc.) and for tax, 301 property condition, environmental, and other specialized advice. Buyer acknowledges that Broker does not reside 302 in the Property and that all representations (oral, written, or otherwise) by Broker are based on Seller, 303 representations or public records. Buyer agrees to rely solely on Seller, professional Inspectors,and 304 government agencies for verification of the Property conclition and facts that materially affect Property 305 value, Seller,and Buyer respectively will pay all costs and expenses, including reasonable attorneys' fees at all 1106 levels, incurred by Broker and Broker's officers, directors, agents, and employees in connection with or arishng 307 from Seller's or Buyer's misstatement or faikire to perform contractual obligations. Seller and Buyer hold �308 harmless and release Broker and Brokers officers, directors, agents, and employees from all liability for loss or 309 damage based on (i) Seller's or Buyers misstaternent orfailure to,perform contractual obhgations° (ii) the use or 310 display of listing data by third parties, including, but not limited to, photographs, images, graphics, video 31 1 recordings,, virtUali tours, drawings, written descriptions, and remarks related to the Property; (4i) Broker's 312 performance, at Seller's or Buyer's request, of any task beyond the scope of services regulated by Chapter 475, 313 Florida Statutes, as amended, including Broker's referral, recommendation,, or retention of any vendor, (iv) 114 products or services provided by any vendor; and (v) expenses incurred by any vendor. Seller and Buyer,each 315 assume full responsibility for selecting and compensating their respective vendors. This Paragraph will not relieve 316 Broker of statutory obligations. For purposes of this Paragraph, Broker will de treated as a party to this contract. 317 This Paragraph wiH survive closing, 318 20. Commercial Real Estate Sales,Commission Lien Act: If the Property is commercial real estate,as defined by 319 Section 475.701, Florida Statutes, the following disclosure will apply.- The Florida Commercial: Real Estate Sales ,320 Commission, Lien Act provides that when a broker has earned a commission, by performing licensed services 321 under, a brokerage agreement with,you, the broker may claim alien against your net sales proceeds for the, 322 broker's commission. The broker's Hen rights under,the act cannot be waived before the commission,is earned. 323 21, Brokers: The hcensee(s) and brokerage(s) named below,are collectively referred to as"Broker," Instruction to 324 closing agent: Seller and Buyer direct Closing Agent to disburse at Closing the full amount of the brokerage 325 fees as specified in separate brokerage agreements with the parties and cooperative agreements between the 326 Brokers, except to the extent Broker has retained such fees frorn the escrowed funds, This, Paragraph will not be 327 used to modify any IVILS or other offer,of compensation made by Seller or 4sfing broker to, cooperating brokers, 328 129 330* NIA NIA 331 Seller's SalesAssobatell-icense No Buyer"s Sales Associate)L icenise No. Buiyer L_)(_)and SeHer ai(*nowledge receipt of a copy of this page,whict is 6 of 8 pages, VAC-13 Rev 2/20 02,020 Ronda Reaftorslb Licensed to Alta Stair Software and 101821768 4418 372 Software and added formatting 0 2021 Alla Star Software,all rights,reserved..www.altastarxom-(877)279-8898 4790 332 3' 3* 334 Seller's Sales associate Brnail.Address Buyer's Sales Associate iate rnalh Address 333 333* 337 Seller's Sales Associate phone Number Buyer's Sales associate Phone Number 333 33 * 340 Listing Brokerage Buyer's Brokerage 341 342* 343 Listing Brokerage address mm Buyer's Brokerage Address 344 345 2Z Addenda The folliowing additional terms are included in the attached addenda and incorporated into this Contract 46 (Check if applicable): 347* C.J A. Back-up Contract 343* B Other Addendum to Vacant Land Contract 349, 3 0* 23. additional Terms: 351 3.32 33 354 33 356 337 358 359 360 39 362 333 364 365 333 a UN"l"E -+ ERRE dE TION 337* 0 Seller counters Buyers offer(to accept the counter-offer, Buyer must sign or initial the counter-coffered terms and 368 deliver a copy of the acceptance toSeiler). 369* 0 Seller rejects Buyer's offer 370 This is intended to be a legally binding contract. If not fully understood, seek the advice of an attorney before 371 Signing. 372* Brayer: late; 33°3* print names Saar Stoia 33'4* Buyer Wm� � m. Date 3751* print name: Agana Stoia 33'6 Buyer's address for purpose of notice: 377* Address: 378* Phone: Fax: Small. Key Marina Development„ LLC„ a Florida limited liability corn wan,,y 33s* Seller: date: .._._ 33rr* Print name: MarkR. Gererraer, Manacter 381* Weller: ._ .._ .._� . ,.. ,_.. _ Date: 332* Print name: Luger(.�_ 1. . µ. and Seller �}C_.�t acknowledge receipt of a copy of this page,which is 7 of 8 pages VAC-13 Rev 2120 02020 Honda RealtarsgP Licensed to Altta Star Sohwaie and 01821758,446372 Software and added formatting 0 2821 Alta Star Software,all rights reserved,.www,altastar,com*(877)279.8898 4791 383 Seller's address for purpose of noke-, 384* Address: 385" Phone: Fax Email,: 386* Effective Date: (The date on which the last party signed or initialed and delivered the 387 final offer or counter-offe!)-- Fiohda RFAILTORS'maWs no repiesentation as to the ftM validAy or adequacy of any proasron of this,form Or,aryy speafic transaction Th4s slandafd'zed form shourd rial be used in complex fransarbons or wRh extensive Haws of additi(X)Sr This form is availabIe for use by the entire real estate industry and is not if-dended to identify the user as RFALTORI REALTOR,'is A registered collective mentership rrmrk which may be used,only be real PsWe licensees who are members of the NATIONAL ASSOCIATION OF REALTOW and who subscribe to its,Code of Ethics,The copyright laves of Ulnited States(17 U S.Code)forbid the unauthorized reproduction of this form by any mewis including facsinAe or cornputetr4ed fornis Buyer(—)(—__)and Seller acknowiedge receipt of a copy of fts page,which is 8 of 8 pages, VAC-13 Rev 2120 02020 Fiords Realtors,e Licensed to Alta Star GoftWarcre and ID1821768,446372 Software arld added formarting 0 2021 Alta Star' oftvware„all rights reserved'.-www,altastar.com*(877) 279-8898 4792 ADDENDUM TO VACANTLAND CONmAcr THIS ADDENDUM (this "Addendurn") is made as of the 7-- day of 202_ "E ffe flame")" �ctiveby and betw KE een Y MARINA ( 'ii"'EV—ELO—PM—E—N,—',r—,I,l—,C, a Florida limited liability company (the "Seller"), and SAM STOIA and AL,ANA STOIA (collectively, the "Buyer"). A, Seller and Buyer are the parties to that certain Vacant Land Contract (the "Contract") dated of even date herewith, with respect to certain vacant land located in Monroe County, Florida described on Exhibit A attached hereto. B. The parties desire to arnend the Contract in certain respects as more particularly Set forth below. NOW, THEREFORE, in consideration of the execution and delivery of the Contract and other good and valuable consideration, the receipt and cuff iciency of which are hereby acknowledged, the parties hereby agree as lbllows� I. Recitals. The foregoing recitals are true! and correct and are incorporated herein in their entirety. 2, Precedence: Definitions. 'f,his Addendurn shall be deemed part of but shall take precedence over and supersede any provisions tc the contrary contained in the Contract, All initial capitalized terms used in this Addendum shall have the same meaning as, set fbrth in the Contract unless otherwise provided. When the term "Contract" is used below in this Addendum, "Contract" shall mean the Contract, as amended by this Addendum, Notwithstanding anything in the Contract to the contrary, the "Effective Date" as used in the Contract shall mean the date of this Addetidum, 3, LegaiDescriL)tion. The legal description of the real property is set forth onExhibit A attached hereto and made a part hereof((he "Property"), 4, Section 8 of the Contract is hereby deleted fii its entirety and replaced with the fiollo,,Nring: (a) Title Evidence, The Buyer Nvillat their expense order rand obtain aTitle Insurance 'ore mittrient Ronne a title agent of their choice, Seller shall be responsible for the! cost of the title search and the lien search. The Commitment shall evidence that, upon execution, delivery, and recordation of a special warranty deed for the property ("Deed"), and the satisfaction of all reqUirernents specified in Schedule B, Section I of the Commitment, Boyer shall acquire indefeasible fee simple and marketable title to the Property, subject only to the Permitted Exceptions (as defined below), (b) jSurygy,, Buyer shall, at Buyer's expense, obtain and deliver to the Title Conipanya boundary SUrvey of the property (the "Survey") prepared by a licensed Florida 4793 registered land surveyor in accordance with tire"Minimurn Technical Standards for Land Surveying in the State of Florida", including a metes and bounds legal description of the Property. 'rhe Survey shall be in the form required by the Title Cornparry, to delete the standard survey objections in the Commitment and shall show all improvements, setbacks, easements, encroachments or overlaps on the Properly and all matter's affecting title which are capable ot" being, shown on the Survey and are set forth oil Schedule B-Section 11 of the Commitment, Tile Survey shall,, at a nlinitnUiri, be certified to the J.'ollowing parties; Buyer, Buyers counsel, Seller', Seller's counsel, and the Title Company, (c) "Rile Examination, Within thirty (30) days after the Eff�ctivelute (tire"Objection Period"), Buyer shall have tile right to deliver to Seller written notice of any title or survey matters which are not acceptable to Buyer (collectively, the "Objections"). If Buyer raises any ObJections within the Objection Period, then Seller shall notify Buyer in writing which, if,any, ofthe Objections it elects to cure ("Seller's, Cure Notice") within ten (10) days of receipt of the applicable Objections. In the:event Seller fails, to provide Seller"s Cure Notice to Buyer within stich 10-day period,, Seller shall be deemed to have elected not to cure any of tile ObJections. For avoidance of doubt, Seller shall be 'Linder no obligation to elect to cure or cure any of the, Objections, In the event Seller elects to cure:one or more of the Objections, then Seller shall,, at Seller"s expense, undertake to cure and rernove such Objections prior to the Closing Date (the"Cure Period");provided, however. Seller shall not be obligated to bring, suit or expend Inrids to cure any Ob"jections. If Seller does not notify Buyer oil or before expiration ofthe Cure Period whether Seller has cured the Objections, it shall be presumed Seller has been unable to do so. If Seller elects or is deerned to have elected riot to atterilPt to cure any 01 jections, or if'Seller is unable (or deemed to be unable) to cure the Objections it has elected to cure within the Cure Period, then Buyer shall have the option to: (i) elect to terminate this Contract by furnishing written notice thereol, to Seller, in which case the: Deposit shall be rettij ned to Buyer as provided herein and neither party shall have any further obligation or liability hereunder, except for those expressly provided herein to survive the termination of this Contract; or (h) waive the Objections(in which case such Objections shall become, permitted Exceptions) and continue to Closing without setoff`or reduction in the Purchase Price. Buyer shall provide Seller with written notice of its election within five (5) days Ibliowing the earlier of receipt of Seller's Cure Notice stating that Seller elects not to cure any 01 jections, (B) in the event Seller fails to provide Seller's Cure Notice, the expiration of the I 0-day period following receipt of the applicable Objections, or (C) expiration of the Cure Period,, [t' Buyer fails to make an election within tile aforesaid period, Buyer shall be deerned to have elected to proceed to (,'losing as set forth in(ii) above, The term"Permitted Exceptions" shall mean(i) any detect in title or survey which Buyer does not object to on or t)e-i'bre the expiration of the Objection Period, (it) ally Objection Seller JIM Cured prior to the expiration of the Cure Period, (iii) arvy Objectkin that may be accepted, deemed accepted, or waived by Buyer pursuant to this Contract; (iv) matters arising out of ally act of Buyer, and/or its eiriployees, agents, consultants and advisors: (wr) any defiect in title that the 'Title Company has not agreed to insure over or remove ftorn the 1'itle 2 4794 Commitment; and, (vi) real estate taxes and assessments not yet due and payable. 5. Comi)utation of Time, Section 11 of the Contract is deleted in its entirety and replaced with the following: 10, Computation of Time. Unless otherwise specified, in cornput ing any period offirne described in 'this Contract, the day of the act or event after which tile designated period of tinie begins to run is not to be included and the last day of the period so computed is to be included, unless such last day is a Saturday, Sunday, or a legal holiday for national banks in Monroe County ("County"), Floridia, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday, or legal holiday for national banks in the County. The last day of an), period oftirne described herein shall be deemed to end at 6:!00 p.m. local titne in Monroe County, Florida. Time iis of the essence in this Contract. 6 Notices. Section 14 of' the Contract is revised to provide that notices shall be addressed or transmitted to the flollowing: ASTO SELLER.: Key Marina Development LLC Attn- Mark R, Gerenger 52 Riley Road, Suite 155, Kissii,nrnee, Fl., 34747 Erriail: Mark.Gerenger@gnpdev.coin AS TO SELlr,ER'S ATTORNEY` Storey lrla"A Group, P,A. Atui!� Edward A, Storey 111, E,scl. 3670 Maguire Boulevard, Suite 20O Orlando, Ilorida 32803 Ernail: estorey@storeylaNvgi-oup.coni AS TO BUYER� Sani, Stoia and Plana Stoia, P.O. Box 370888 Key Largo, FL, 33037 E-mail: c,aitaiiiai-anboatyard@gtiiaii.coin AS TO BUYER' ATTORNEY:� Law Oiffices of Robert A, Rabin P.A. Attn: Robert X Rabin, Esq. 7700 North Kendall Drive, Suite 509 Miami, Ff., 33156-7566 E'rnail: bob@ttplace,corn T Seller Default, Section 16(a) ofthe Contract is hereby deleted and replaced with the f6llowing: (a) $gller's Default, Ifthis transactioti fails to close as a result ot'Seller's default, then Buyer's sole and exclusive rernedy shall be to either (i) terniinate the Contract and have the Deposit returned to Buyer, whereupon the parties hereto 4795 shall be relieved of all rights and obligations hereunder except for those rights and obligations which expressly survive the terinination of this Contract, or (ii) pursue the rernedy of specific perforrriance, provided, however, that unless Buyer files with the clerk of a court of appropriate jurisdiction of" the County, the legal process necessary to seek and obtain specific performance of this Contract within six (6) months ftom, the date of such default, then Buyer shall be deenied to have forever Nvaived its right to seek and obtain specific performance for such default of this Contract, 8, Opportunity to Cut-e. Notwithstanding anything herein to the contrary, neither party shall be deemed to be in default hereunder unless arid, until such party has received vviitren notice of default ftotri the other party and has failed to Cure any, such del"ault within ten (10) days ofreceipt of written notice of'defirult, 9, Road Closure Pro Derty, Seller and Buyer acknowledge that Buyer granted a loan to Mark R, G'erenger ("Borrower") in the original principal arriount of"$250,000.00 pursuant 'to that certain Promissory Note dated 2021 (the "Note"'). In the event the Contract is terminated fior any reason, Seller agrees to sell, and Buyer agrees to purchase, a portion of the Properry more particularly set forth on E"xhibit-B attached hereto and made a part hereof'(the "Road Closure Property"). The purchase price fii)r the Road Closure Property shall be $75,000.00, which shall be deducted frorn the outstanding principal balance of the Note. The closing cd'the sale and purchase ollthe Road Closure Property shall Occur within thirty (30) days following termination of the! Contract. The provisions of this Section shall survive the termination of the Contract. 10, Buyer- Improvements: Tempoi-an, Easem ent, Buyer desires to pertbrin certain repairs, construction arid development of the Property related to a proposed road closure and marina design (collectively, the "Improvements") prior to Closing Seller hereby gives, grants, bargains, declares, establishes, creates, and c(.,mveys to Buyer, a non-exclusive, temporary access and construction easement (the jemporaEy Easement") on, over arid across the Property fbi- coristrUction arid installation, of the Improvements, subject to the fbilowing terms arid conditions: (a) Buyer shall not perform any work in connection with the Improvements wvithout obtaining, in cash instance, the prior %vritten consent of Seller, (b) All work performed by B,uyer in connection with the Improvements shall: (a) coniply with all apl-Aicable laws, ordinances, codes, rules and regulations ,and all permits, approvals and requirements ofapplicable govertirriental authorities, (b) be perforrned in as safe and workmanlike rnanner, and (c) be,paid for in a timely manner. ,,in d Beta-free, (c) Prior to the commencement of any work within the Pro,13crty, Buyer shall deliver, and/or cause all of its contractors, representatives or agents performing work to deliver to Seller a certificate evidencing (i) commercial general liability ]insurance, including, without litnitation, blanket contractual and broad form property daniage coverage, insuring against liability for bodily itijwy, death, property clainage and pCI-SO11al injury, written on as per occurrence basis, which policy shall provide a 4 4796 combined single linrit in an amount not less than S 1,000,00f 0.00 per occurrence and $1,000,000.0 in the aggregate, and (it) workers' compensation insurance in a forin prescribed by the laws ofthe State of Florida. Seller shall be named as an additional insured on such policies, Such insurance shall be kept ill fillf force and effect throughout the applicable period of work until completion. (d)'I"'he'rernporary Easement shall ternsinate upon the earlier of Closing or tennination of the Conti-act. (e) Buyer shall indemnify arld defend Seller, and hold Seller harrilleSS frorn and against any and all clairus, daniages, liability, deruands, causes of action, losses, costs and expenses, including reasonable attorneys' fees and court casts(including, %Nrithout limitation, Misuch fees, costs and expenses incident to arbitration, appellate,, bankruptcy, and post-judgrTient proceed i ngs), resulting frorn or occasioned from Buyer's exercise of its rights hereunder or such use by their contractors agents, tenants, licensees, invitees, employees or guests, and,the acts or ornissions of Buyer,and such parties, Buyei°'sobligatiorisutider this Seetioii shall survive the Closing,or earlier termination of the Contract, I L Reim bu irsemen t. In the event the Contract is tenilinated for any reason other than due to Buyer default, Seller shall reimburse Buyer for all third-party, out-of-pocket expenses incurred by Buyer with respect to the Improvements (the "Reimbu sable Expenses"), Within ten (10) (lays fbilowing termination of the Contract, Buyer shall provide Seller with paid receipts or similar documentation reasonably evidencing the amount of the Reimbursable Expenses. The Reimbursable Expenses shall be paid by Seller, within thirty (30) days following receipt or docurnent,ation, or Buyer nray elect, in its sole discretion, to have the aIlIOUnt of tile Reimbursable Expenses added to the principal balance of the Note. in the event Buyer elects to add the Reinibursable Expenses to the Note, the Note shall be n1odified to reflect such increase. The 1..)rovisions of this Section shall survive the termination of the Contract. 12, Ratification. Except as specifically niodified hereby, all cif the provisions of the Contract which are not in conflict with the terms of this Addendum shall remain in hill f6rce and effea 13, CounteWarts,, Electronic/PDF Execution. This Addendum may be executed in any number of"counterparts,and by different parties on separate counterpails, cacti of which, when executed and delivered, shall be deemed to be ari original, and all of which, when taken together, shall constitute but one and tire sarne AdderidUrn. Delivery of air exectiled counterpart of this Addendum by facsimile or ernail with IIDF attachment shall be equally as effective as delivery of' a manually executed counterpart of this Addendurn. 14, Authorship of Addendyin. Each of the parties agrees that no particular party or parties to this Addendum shall be deemed to be the author- of this Addendum or any particular terni, provision or condition of this Addendum. Each of' the, parties farther agrees that any C1111"IbigUitieS in this Addendurn shall he resolved, and, the terrils, provisions and conditions of this Addendum shall be construed and interpreted, without regard to which party or parties may have suggested, dralled, revised, or otherwise authored this Addendum or any of its particular terms, provisions or conditions. Each of the parties further agtves that this AddendUlu Shall be construed and interpreted as it'drafted jointly hy all of the parties. 4797 1 5, Escrow_Agent. Buyer hereby, acknowledges that 1 scrow Agent is also Seller's attorney in this transaction and hereby waives any potential conflicts arising on account thereof' or on account cal Escrow Agent representing itself and Seller in any dispute that arises under this Contract. Buyer shall not object to, or request as disqualification of Escrow Agent as counsel for Seller, 16, Condition of Pro Deft v. BUYER ACKNOWLEDGES TI-IAT EXCIE"PT TO TFIE EXTENT SPEC I F1 CALLY SET FORTH IN J'In-lE CONTRACT OR ADDENDUM, NEITHER SELLEIR, NOR ANY AGENTOR EMPLOYEE OF SEI,LER NOR ANY 01-11ER PARTY ACTINGI (,',)N BEHALF OF SELLER HAS MADE OR SHALL BE DEEMED TO HAVE MADE ANY AGREEMENT, CONDITION, R.I3PRESEN"l-ATION OR WARRANTY EITHER EXPRESSED OR IMP11,JED, INCLUDING, WIT'1-101,11,' I.,IMI�"f'A-1-ION, ANY WARRAN-rIES OF LIABILITY, GOOD WORKMANLIKE CONSTRUCTION, ENVIRONMENTAI, STATI.,Js OR CONDITION, SUITABILITY AND FITNESS FOR IN'T-ENDED PURPOSE, iFFI-1 RESPEC"T "170 ANY ASPECT OIFTFIE PROPERT '. ANY ENGINEERING DAI'A, SOILS REPORTS, THIRD PARTY REPORTS, OR ANY 01-HER "rFIIRD PARTY INFORMAJ10N OR DA,rA THAT SELLER OR ANY OTHER PARTY MAY HAVE DELIVE RED TO BUYER IS FURNISHED WITHOUT ANY REPRESEN,rATION OR WARRANTY BY SELLER. BUYER HEREBY EXPRESSLY ACKNOWLEDGES AND A(.-rREES THAT BUYER WILL HAVE, AS OF CLOSING, '171-10ROUGH1:.Y INSPECTED AND EXAMINED THE STAI-LiS OF TITLE ']I OTHE PROPERTY .Al DT111--' PHYSICAL CONDITION OF THE PROPER"I"Y `FO THE EXTENT' DEEMED NECESSARY BY BUYER IN ORDER TO ENABLE BUYERTO EVA]_'UATE 'J"IniE PtJRCIIASI'--" OF THE PROPER"FY. BUYER FIEREBY FURTHER AC,KNOW1_J--_`DGES AN[.) AGREES 'rHAT, EXCEPT FOR TFIE REPRESENTATIONS AND WARRANTIES SE`17 FORTH IN THE CONTRACT, BlJYER IS RELYING SOI.EL) UPON THE INSPECTION, EXAMINATION, AND EVALUATION OF THE PHYSICAL COND14"'IO1" O1" T1-IE PROPl-,,RTY BY 131 1YER AND 1TIATBUYER IS 11tJRCHASIN(1, AND A'F CtOSING WILL ACCEPTJHE PROPERTY ON AN' "AS IS,""WIIERE IS" ANI) "NNrITI­I ALL F,AIJL,,r,s" BASIS, yVITHOUT REPRESENTA71ONS. WARRAN'rIES AND/OR COVENANTS, EXPRESS OR IMPLIED, OF ANY K.IND OR NATURE"; I"XCEPTFOR. THE REPRESENTATIONS AND WARRANTIES SETFORTIJ IN TFIE CONTRACT. EXCEPT AS MAY BE I-EXPRESSI.,Y Ell T IBC RTI-I HTREIN, BUYER AC KNOW LEDGE'S THAT SELLER HAS MADE NO AGREEMENTTO ALTIER, REPAIR OR IMPROVETI IF PROPERTY. 11 IE PROVISIONS OFTHIS PARAGRAPH SHALL SURVIVE THE CLOSING AND SHALL NOT MERGE WJTI­I OR INTOTHE DEED AT 0­0SING, IT This transaction. shall be the completion of a 1031 exchange and the Seller agrees to cooperate with said 1031 so long as it does not delay the transaction and so long as it doesn't cost the Seller anything to cornplete,, The Parties ,agree that that this closing shall not happen until one week, after the Buyer sale transaction is completed and in fiact this closing is contingent upon the sale and bantling of said sale transaction by the Buyer. 6 4798 IN WFTNESS WI-IERI'-101-',, the parties hereto have, executed this Addendum as of the date first above written. SELLER: KEY MARINA DEVELOPMENT LLC, a Florida turn ited liability company ................ BUYER: AL A sT61A 4799 EXHIBIT A Part I - Inal lw rcrat Vatecl Parcel I 1,ols I until 2, Block 4, NIANDALAY aoxording to tire I'lat thcrcof, recorded in Halt Book 1, Page 194, itniong 11re prillfic Records,ofMontoc Covirty, Florida; "Vogether with at parcel of'submerged hisid in Sec. 6, TA,p 62 Soulh, Rge, 39 East. Kcy, Largo, Florida, Monroe County, Florida, mom particularly descrilvd as; Front The iniciscclion or the divikling line l,,x-iAvvcn I ots 2 ;jad 3, Illock 4 with thc Soutficasterly side art'F'ast Necond Strect, all ots t hown on ['hit of NIANDALAY, recorded irt Pleat Rcocik 1, Pagc 194, Public Rcccirds of Nlonroc C.'orinty, Florida, run Souldicastcrly siong, sarid dividiry, line,, it dislarl"Ce of 150 fret to the tnost Lastcrry comer(A'Lot 2 and ibc most Westerly corner (if a parcel herctolbre conveyed, to A,I,,. Meade by Irustecs t,l I", IXvd No, 2.11153 and the Min, of fleginnniV ofth p,"cl hercirl:,Orer deNcribeda thence continue Southea%tey a rtlong last de4crilvd e QOLIT'SC MCI &1011F, OC S(Rithwes,terly side of the Meade parcel. a distance of 2511 feet-, (IoVOIC-C Soutbwestcorly and pandlel tar the said, Soulbeasterly side of East Second Street. a, distance of.. 1215, feet to this prolorigation of[tic dividirig tirle hwetween Jot i, Block 4, mui Second Avenue ace-ording to said Mn B(xA, 1, Page, 194- them t! Noriliwesterly along Said prolo"Antior, 4r distance of 250 feet to the mo)SI '�(nitherly conrer kit su4l Lot, 1, Block 4. thence Norlhcastcrly along file 'Soutlicasterly side of Lois I and 2,a disiancv of 125.8 feet to fll,c Point Offlic9inning. Parl It - Li%,cly llarot:l ,A strip (it' land 125 fect wide and 250 feet ill (iClItt) OfffhC S0UIh"V%ICH) side of BI(xA 3, said strip being 125 I'M on "st F'irst Sn-cci aud Uasl Second "street, atut 250 fect on Second Avenue, MAN r MI.AY, avc3)rdiog to Lire plat (Jrcrc(,,s(' recorded in Mat Dook 1, Rage 194 of the PtIbliL Recorch; 01'NjOtWOC COLIVIty, f1c"ida, Also described as: A strip cat"land 125 ibei %Odc and 2.50 ('e-Cl all depth Oft,Ogle sok.jlh%kesterly side of lllocV„ 3, said strip bcing 125 fbet on East First Strce.t on Fast Second and F."ist Avik�nvje '250 feet on Sccoind Avenue, MANDAVAY, according to Che plat tbereof'rvcor&d 41 Plat Book 1, Page 194 ofthe Public Records of Monrlx.-Couray, Florida. AND A tract ul land ill block 3 cot NIANDA UA Y, a stjhdi visiojr of Ke,y L ac argo, cording fiverto, � Plat recorded in Plat HoA 1, at Page 194 Public Records (11' Niconroe County, Florida, said tract having it frontage of 100 f-ect earl F4zt 1^'irst Strcct, according to the plat of MA',NDALAY, arld a depth of 95 feet and fitirther described as Ore NanrrhNvcstcr,Iy 95 feet of the Northeamerry 100 feet of the Southivesterly 225 reo tot'swiid Block 3, AND The Northcastctly 50 fccl of the $okllbwcsIcrly 175 f&t. and the Northrawrly 50 fu:Vl of the SOUdlWCNtCTIy' 225 hect. Block 3. MANDAIAN, as suhdivisitin of Key Largo, ticcording to the Plat recorded in 11but Book 1, flage 19,1 Public Rccor& of klonrc*c County, Florkbi, lcss the Nortfi%s,esierly 95 (cet ofthic 101) feat of the Southmoesterly 21,25 fLvt thereofol, saird Hkx k 3, Part Ill - Bennell ParcO Lunt 1, 2, 3� 4,, 5, 6, 7. 8, 30, :41. 32 and 31, 111ock 2, KNNI)ALAY, accoiding to thc Mat thercof, as rccoirded in Plat Book I. Vngv 194 ofthe public RoCOIAK OFMOIKOC COLVII)„ Florida. 8 4800 EXHIM'r B Road Closure Property SKETCH &DESCRPT0N TO BE ABANDONED PORTION OF EAST SECOND STREET MANDALAY (P-B, 1,PG, 194,M,C,R) LAND DESCRIPTIOW A portion of East Second Street, a 50 foot wide public right—of—way as shown on MANDALAY, according to the Plot thereof, as recorded in Plot, Book 1, Page 194, of the Public Records of Monroe County, Florido, described as follows; All of those portions of the northwesterly half right—of—woy of sold East Second Street directly southeast of and adjacent to the, southeasterly fine of the northeasterly 100 feet of the southwesterly 225 feet of said, Block 3, bound on the southwest by the abandoned portion of said East Second Street per Resolution No, 493-2007, Monroe County, Florida. ALSO DESCRiBED BY METES AND BOUNDS AS FOLLOWS,' BEGIN at the intersection of the southeasterly line of said Block 3 with the southwesterly line of the northeasterly 100 feet of southwesterly 225 feet of said Block 3; thence N 45'10'25" E along the southeasterly line of sold Mock 3, also being the northwesterly right—of—woy line of said East Second Street, a distance of 100.00 feet to the southwesterly line of the southwesterly 200 feet of the northeasterly 325 feet of said Block 3, thence S 44*49'35" E along the southeasterly extension of the southwesterly line of the southwesterly 200 feet of the northeasterly 325 feet of said Block 3, a distance of 25.,00 feet to the centerline of said East Second Street; thence S 45'10'25" W along said centerline, 100.00 feet to the southeasterly extension of the southwesterly line of the northeasterly 100 feet of southwesteriy 225 feet of sold Block 3'„ thence N 44'49*35" W along the southeasterly extension I of the southwesterly line of the northeasterly 100 feet of southwestedy 225 feet of said Block 3, a distance of 25.00 feet to the PONT OF BEGINNNG. Sold lands iylng and situate in Key Largo, Monroe County, Florida, contoining 2,1,500 square feet (0,057 acres), more or less. NOT"BAUD WlTHOLJT SHEETS 1 -'3 REVISIONS A VIROM&ASSOCIATES, WC., rwaa BSOOCS AW5 R 2h RVYW IAN FGCLO&R ODAA W3 P3T4OP1ZiI ONG 7r DAy TVSURVEVNUE,S z aW4W)3025 ...... wwwA WR MCSUR VE Y,,cam "Y"'A"F'K01M A ASSOC M I rJ,,"C.9 ilpw, Fe P G SHEET 4801 SKETCH DESCRIPTON TO BE ABANDONED PfiYI'TTIC�N OF EAST SECOND STREET' ANDALAY (RB. 1,PG 194,M.C.R) N,E. BLOCK 0 loo . L"� L1N F B�.... 6i L5GRAPHIC SCALE 4W FEET wui m1 .50t BLOCK 3 MANDALAY i LOT CD ware BLOCK 4 S 44V4 ' " E 25.00' fl � y M21ANDALAY _ SOUTHEASTERLY EXTENSION CAE �' (P,B, 1/`194w M�,Cn ) SOUTHWESTERLY UNE OF25' i 25' { SOIJTHWESTERLY 200" OF LOT 51 NORTHEASTERLY 325' (o OF BLOCK 3 Ln -------------------------- LOT 4 l t ' i 1ul 6 It 8 LOT :'r erro PORTION TO BE ABANDONED P.o,B8 I tl! INTERSECTION OF SlAY LINE OF N � u � LOT 2 BLOCK 3 VATH S. ,'LY LINE OF h fl N.E.w L1" 1 CO` OF S, LY 221' OF' N fl BL.C1TIK 3 44"49'35* 'W 25.00' q p P i SOUTHEASTEM LY EXTENSION OF SOLITIiWSTERLY LINE Or ! 25° k LOT 1 N era r a NORTHEASTERLY 1 CT}" t � � 6 SOUTHWESTERLY 225' OF BLOCK 3 S.WA.'LY LINE OF BUCK 3 � NOT VALID WITHOUT SHEETS 1. REVISIONS A AN& 5dC1A71 „INC, SURVEYING&MAPPING 1W)AVE E,sUME 102 DATE: 0511102017 aea �mrcar �caw�aaa s^r m e�wa� _..._ _ rEL 56 FAX L NFKFdD K V rawwvrs�Yd'dXie:�M» SCdRvuy.�' m 910, a w aIm A A130 w n4 M wkl, A Mw F.B. . _._ PG wi ma,�o iw mrna w+ mw� �r',4s^�dw, s a�S�:u.C,�K,;,we�' t.crab, .--------_., aemam'molid a C,wrn w7�Zzi0ward wndC ua�ry�'tnvi arw»m"ph oae SHEET 4802 Purchase Option Agreement Extension The undersigned parties Key Marina Development, LLC,, as seller and Sam S,toia and Alana Stoia are the Successors and or assigns as buyers have previously entered into a purchase option: agreement dated March 10, 20,21, for the property commonly known as 97601 Overseas Hwy., Key Largo, El. 33037', Hereby agree to extend their agreement until six months after the closing of the other property they are discussing which is described as parcel ID:00'0190940-000000 and 00090650-000100 or until'six months after either party has given written notice as to the end of negotiation on, said property. All notices shall be addressed or transmitted to the following: TO SELLER: Key Marina Development, LLC Attn: Mark R. Gerenger 52 Riley Road,Suite 155 Kissimmee, Ff. 34747 Email:MEL6eren er n dev.cm SELLER'S ATTORNEY, Storey Law Group, P.A. Attn: Edward A. Storey III', Esq, 3670 Maguire Boulevard, Suite 200 Orlando, FI. 32803 Email: ft9AMYestare lawv rau .cnm TO BUYER: Sam Stoja and Alana Stela P.O. Box 370888 Key Largo, El. 33037 Email: BUYER'S ATTORNEY: Law Offices of Robert A, Rabin, P.A. Attn: Robert A, Rabin, P.A. 7700 N. Kendall Drive, Suite 509 Miami, El. 33156-7566 Email: bob@ttplace,com 4803 Ivey Marina Cie pment, LL Sim St 'i C/O Mark R. Glerenger 4804 1� a „art,JV, � P�....'=�q�nw, Detail by Entity Narnie Florida Limited Liability Company r:�lltt 3.rrtrrtu Document Iwlrrrr~Mber L1300009 FEIIEINI Number 46-3E77 00 Dato Elltrrd 07/02/ 010 State EL Status ACTIVE 81 E 2nd Street. Key Largo, FL 00007 C hi nrg d 01/2011 jUng Ads w P.O. Box 370,888 Key Largo, EL 3,3037 Changed: 011 01 0 0 C3toa a,, l n 81 E 2nd Street Key Largo, FL 33037 Name Changed: 01/ 0/ 023 Address Change& 01/20/2023 Name Addlress TD W.GR Stoia,Sam 01 E 2nd Street I y Largo, F"li.. 33037 Title GR 4805 KOY, 36037 Toga MBR y Farrl ly'1 r1u t 18 Bass Ave. Key,Largo, FL.33037 AnmmJ..Rf,,P-QrI5 Report Year Filed Date 2021 0 /15/ 021 2022 09 a/ 02 2023 01/ 0/ 02 lap,NO ; NAI P( ""'r hf e,,nrrx=rr�r Po'F���'�I�Iriirntsf 1`t;.a7a''��,J,-,�aldfa'Ir�l I�1._hG..l,�fi rr,rrsiui�s utV"Ir8 � rrrrtir ;"('y Y,,- .Pry��,'y[ RE psi Pl xl ev"vivvargu in PEW fi rinaj� r i,iN e% I%,w,4'Op V ,roqe our N DF P.,vmat " „2.a r1�4 4,1f!r®,�wl,r,l I ''r�rT nir;��diur�:z.,4:h[°iP IJV` N.x-nai rf'(r ,ih i,Gt ',T`k I�CEPad vuwara n°r raI n,Vr Ira U4 Z_201 r _,OVI i l,(At 1u4 6't alk Y m--tia limas,In 11-11 PB four,w f4, ."' , b,l f' ,e F ' fI n'a If"tl Lt F V r,r w AY),I" ulD E: r�PrY,livl,� "�r P 0 rn G I 4 hg n', iA1, RFI, kT VN-"'v' v, 6uwl Qr P[Hr Poum"'O ia' P 'r(%y �a',n°dwnr;ra;l+s irr@ I�4 I� ur7t�a; ' kajiWjlrt'i,r V fm""hu'e ; 'I!C V, 1 4806 i a po Detail by Entity Name Florida Urutlted Uataullty Company KEG"MARINA DEVELOPMENT, LLC Fib!ng-h1f rm.. uuIWI) Document Number 1.13000095238 F I11 ,IN Num4er 46-357720 Date Filed 07/0D2013 State FL status ACTIVE 81 E 2nd Street Ivey Largo, FL 33037 Changed: 0112012023 Key Large, FL. 33037 Changed: 0112012023 toia,Alana 81 E 2nd Street Ivey Largo, FL 33037 Name Change& 01 R20/20 3 Address Chan edd 0112012,023 Name &Address Title Fv'lC.R 'toga, `3'arn 81 F 2nd Street Key Largo, FL 33037 Tale IwotG 4807 htIMS d'Rear h,qur hi'7 rwnfln muilry,'(';nr scsf'ati P rcli Aa.;40i inuu rvfuGuaw gwmNcnTvnp, pr da:lkganr4-gftRirn ('IirrIwrzKPYMAPI 10 41018 33 WO DwmMy EnWy Name Slda,Nana 81 E 2nd Street Key,Largo, FL 33037 1Ae MBR My Faho Twst 18 Bass Ave. Key Largo, FL 33037 Annmal-Roports Report Year Filed Date 2021 0411512021 2022 0412612022 2023 01/20/'2023 00purnmOnagas ym mvp m PU um(w E L2RI V*v'd rn"c';e In POF fo'ryygs ? sr,P()f Pmi'naa V"t'h(fonage In PEF i fvnnx V'#-'W'r�dge m,PTA f""mm"w W.mgm W PU Am 1"'l, %AW ryew NN k"m rroje w IlPOF 6,wrnw V,*t n , inur.p.w PDF 1,anew jv V,&,v rjrnagn,'!or PDF: 4 xrrfat Yew mne w KV hmar LkL�u P-Lxutz";� f'd V'eor Inage in tlDCA" Vurmd[ 4808 MIS t yam mamW cja'gA nq u 11 ry"("'CrporationSeai d vSea r ch Row tOewd?u q uWV ype,--E M&Y Nil rr e&dwedmunTi wrw=I ri it o I Uearch N anu,,C)e rfar=K F Y"�A P I '),I) (,1,WqPub11*c.net" Monroe County, FL I isclainier The Monroe'Cauulty Property Appraiser's office maintains cl ita on property within the County solely for the purpose of fulfilling Its responsibility to secure ajust valuation for ad vaWierrr tax purposes of all property within the County,The Monroe County Property rty Appraiser's r°s office cannot guarantee its accuracy for any other purpose.Likewise,data rrovided re ardin one tax year,maynot be applicable in prior or subsequentyears.By requ estin such, ata,you ereby�undelrstanc and agree that the data is intended for ad valorem tax purposes only and should not be relied on for any ott4er purpose. y corltinUin,g into this site you assert that you have read and agree to the above statement Summary Parcel I13 1111554420.r0( 000 Account# 1679,917 Prolwty lD 1679917 f illaEe Group 500 Location 9'1601 OVERSEAS 43 .8EYtAwRGO Address / Legal t3R 2 LTe 1,-2- 4 5-6-7-8.30-31�32.33 All SW''LY 20UFT x FT SQR 3 AND RK 4 Description LTS 1.2 AND PT 1 ST 5T AND PT 2ND ST MAiNDALAY AND ADJ BAY E11M4 P81.194 KEY LAR(,CtG2.18 7 1S4G240G i 4-438G10-A54G11-125G11-209OR197-243GII � DEED 22a'ad11a)OR411-278OR934-911aa17OR448-62,9OR470-1F.i P534-798f G;1 R'8C6a-63dv 9J R 6w 24-726 C1I3654_409 0IR6"u4-4 1.d1N AlE C:IR61.636 67 Fb6a88_2:8J2"7 CR a r65..1639€40 OR791,"687 OR/0 75.15 3'9D/c OR975.-1542 OR 1C,'M-2 361 OR 1040. 1.38/39,CR 1./140-14f1/W412AFF OR 1040-142/43 CR 108w3-129 OR 1 12 6-1 28816 9 OR 1126-1,286 O R 11,4'8-1897 OR1,254-1356/ro 7 OR,1.255.773 CR1413-2297 CR,1.41,3- 231 n aC°OR'142 6-1782'79 OR1.44 9-1 2 74176C aR 1994-526/2 7 OR'1994.2491/93 OR 1 e96-151,5i 16,OR228 7-2090/2,L14(RE S NO M)3,.2(06p 0112341,101 a41RE5 493, 204171t7R2477"2491/2493C/70;Z2647�96a,:3a°67OR265512CJ9/110R2925-2455RES Neighborhood V)0120 PropertyCNass COMM ME'.RC1AL iti'Q 00) subdivision MAIANDAN.,A'Y SeclTwp/Rng 06/62/39 Affordable No Housln8 Owner KEY MARINA 17E VEI OPIMEIN'r u.i-C 52 Mki yRd 1.55 Ktssirn +Jet Ft.:34747 Valuation 2022 Certified Values 2021 Certified Values 2120 Cer6 iedi Values 2019 Certified Values w M•7arket.Irr°bPe(wrranent V.,flwc $C 'S152,s31 r1 $1.71.,921 $171,921 r Market Misc Vakw $116 748 $142,578 $143,897' $145,,21,4 Ma4ell and WILK!! $2,516129 $2,516129 $2,516.'1,29 $'2,873,966 Jul"'t market wrket V';+Ule $2,642„877 $2,811,526 $2,S.T1,947 $5,191,1471 Teat fl Assessed Value $2 642,877 $2,811,52'6 $2,831„9417' $3,01,6,602 School Exempt Who., $0 $11 $01 $0 School°CaxaWeValue $2,642,877 $2,81LS26 $2,831,947 $3,191,101 Historical AssesslmeNlts Year Land Value RrAiding Vah* Yard Item Vallrrr Just(Market)Vaitte Assessed Value Exempt Value Taxable,Value M AKiretter IPortabRity 2121 $2 16,129 $1,52,819 $1,42,578 $2.81.1„526 $2811,526 $,C $2,81.1,526 510 2020 '$2.516..12'.9 $171 921 $143,897 $2,831,947 $2,831,94�7 $0 $2,831,94" $0 2019 $1,873.966 $1,71,921 $"14,214 $3,191,101, $3,016,602 $'0 $3491,10l1 $0 2018 $7.46,7.70', $1,57.398 $121,687 $2,746,789 $2,742,366 $f1 $2,746,789 $0 Land Land Use Number ofUnits Umt Type Frontage Depth COMr1IM.18'R(IAI 'w^X[rERr 4CC1N 0.'1COW) 24275.00 "SgUarc Feaar4 0 0 COMMERCIAL FiOCaH W'AY6 190H) 55.000.M yruwarl-oot 50 125 C OM ME R('IAL DRY(I 00DB 65.000 00 Sf4uuareFew 0 C ENViN ON°1IM NTALLY"SENS(O(XXY 0.66 AA I-cage rT C 4809 Yard Items Description Year Built RoIIYear Size Quantlity Units Grade CH LINK FENCE 2006 2007 5 x 660 1 3300 SF I CONCRETE DOCK 1967 1968 147 x 7 1 1029 SF 4 SEAWALL 1969 1970 315 x 4 1 126O SF 4 CONCRETE DOCK 2(1C)O 2001 6:K 1110 1 720 5F 3 (""ONCREIE DOCK 1987 2005 5x75 1 375 SF 4 sales Sale Date Sale Price instrument Instrurnwit Number Deed Book Deed Page Sale Qualification Vacant or Improved Grantor Grantee 10/1812013 $2,105,C1(K) War i�inty Deed 2655 1209 12 UM4Lhafified! varink 8/5/2013 $5,092,9iXD Warranty Deed 2647 963 38 jI.jQtu,jjjfjPd Vacant R/3/2010 $200,(XX) Co,thcate of Title 2477 2491 12-Unqualified Varant 4/1512W4 $80Q000 War T-anty Deed 199'6 1515 0-qua0fted lmprtwed 3/1,119910 S57,51010 Warranty,Deed 1126 1288 CD-Unquallfted Improved Permits Number 'Z Date Issued Date Completed Amount 4 PermitType Notes 21300717 71712021 2,/16/2022 $8,000 Cornrnen cial DEMO OF 6488 SQUARE FEET COMMERCIAL REST UR,ANT; 16303874 7f7120 16 1213012016 $9LX)0 DE N10 ASPHAL r DR IVEWAYANSTAL L T-T U RN&BOl[.ARDS 16300975 3/30,,'2016 7/20/2016 $1,500 Cornmeldil I NSTALL NEW 200 AMP SE RVICE 15305238 11/6/2015 3/2812016 $12,000 Commer c ial 0 01,40-BL)I LDII NG,IDEC K&IF I N6F,,,1R PIE,RS 15304712 10,15/2015 11110/2016 $9,(X.0 ComiinerdW IS302762 6/212'015 12/10/2015 $2,500 Commerdal DEMO WO,OD GARAGE 12300629 414/2012 8/8/2012 $1 Commordal IINT/LX�T REMODEUREPAIR I T305496 1,1,130/2011 8/8/2012 $1 conwnefdm RE-ROOF-METAL 11300538 4/181201 1 8/8/2012 $1 CognaiercW AWNiNGS 11300477 3/1/2011 10/13/2011 $1 commerciW CONCIRETE SLAB D5 306604 111812W6 1015/2006 $1 DE M 0 ON E-S TO BY CO NC RET E B LDG 05306605 111812006 10/5/2006 $1 DEMO R.V.&CONCRETE ADDffION 05306606 1/18/2006 IW5/2006 $1 DEMOI.ITION OF MOBIL E HOME 053062553 121212005 106/2006 $1 Commercial CHAIIINHINIK,FENCE 05305548 10/19/2005 1015/2006 $1 CIHMNILINK ANDWOOD IFEN!C!E 05;04589 9/23/20015 12/19/2005 $1 DEMO CONCRETE BUiLDING 05304590 9/2312(11)S 12119/2005 $1 DE140A CONCRETE BLDG 04304298 9/13/2(X)5 12/19/2005 $1 DEMO MH ()430,430O 9/13/2005 12/19,12005 $1 DEMOMH 04,104,107 9 112005 12/19/2005 $1 DEMO MH 04304308 9/13/2(05 12119/2W5 $1 DEMO MH 04304:309 9/13/2005 12/19/2005 $1 DEMO MH 05303988 9/112005 12/JW2(.')05 $1 DEMOLITION MH 05303989 9/13/2005 12/1912005 $1 LDEMO MH 05303990 9/1.3/2005 12/19/2005 $1 DEMO MH 05303991 9/13/2005 12/1912005 $1 DEMOMH 05,10W34 9/13/2(X)5 1211912005 $1 DEMOrall 05,3(WI35 9/13/2(X)5 12119/2W5 $1 DENIONIH 053(—)4036 91113/2005 12/19/2(.X)S $1 DEMOMI-I 053N313 9113/2005 12/19/20*5 $1 DEMO 114 05300719, 6/21/2005 10/16/20C15 $1 Commerdal DECKREPAIR 043fA492 111 121005 20/17/2005 $1 (:.`ommerdal REI HATCH I IM HUI' F93CA494 111:3/2005 10)17/2005 $1 cornimtrc4l ROOP REPLACEMENT 1A305389 1/13/2005 1011,7/2005 $1 Cotn"llercW INTERIOR RENOVAIIONS 04303222 815/200�4 1111/20(D4 $1 ComniwcW REPLSLAB&DEMO I RAILER 04',W2078 5/1 112CK)4 11eL/2()04 $1 Comnwr6al DEMIC)TRAILER 2301272 4/11/2002 1/112003 $1 CornrnercW ()EMO OF CVIICKEE 2301329, 4110/20,02 111/2004 $1 ELECTMC METIER 21301123 4,/8/2002 I/IJ2003 $11 Cornmerdall FEN(M REPAIR 2300915 3/8�2002 111/20,04 $1 REROOF 1304038 1112600,01 $1 INSTALL PUMP STA74 ION 1303295 8'/28/2W1 1/1)2003 $1 INSTALL 3,;TON,kC PACKAGE 13(X)586 3/1912WI 1/1/2002 $1 E LECI RIC UP-GR.ADE 0031880, 4f21a62000 12/18/2fX,)O $1 DEMO SCR ENCL CODE ENF 3W910 2/28,120(X) 1/1/2001 $1 ELECTRIC UPGRADE 9930072 2/16/199,9 11116/20(X) $1 Commercial DOCKS 4810 View Tax Info I Photos. / Map TRIM Notice ' t r No daita avaailabk for the 6okwwing ov*dulr c Builrianb ro,SkeI chvs(dick to erflargc). Sc A .ider. 4811 (,VqPubI'Ic.nef' Monroe County, FL Disclaimer The Monroe County Property Appraiser's office maintains data on property wfthin the County solely for the Purpose of fulfilling its responsibility to secuire a just valuation for ad valorem tact puirpo es of all property within the Counity.,The Monroe County Property Appr'ai er"s office cannot guarantee its accuracy for.any ether purpose,Likewise,data provided re ardin one tax year may not be applicable in prier or subsequent years,Cry requestin such data,you herebyy�understai aid agree that the data is intended for ad val rein tax purposes only and should not be relied taro for any flttTer purpose. y continuing into this site you assert that YOU have read and agree to the above statement. Summary ParcelNC1 00554760-001Wt7 /Account# 168025'7 Propaerty10 1,680257 M7illageGraupn 5001K Lotatloft $1 r SECOND St KEY LARGO Address Legal M ANCn6LAY PBI.194 KEY LARGO L7 34NNC14 Bk 4 ANC)HA. RTT~4 SELY OF ANn Description dDDLt;:4AND4FSa-228OR1, " 3 V44'INCiEIED22153wW OP524-838L)Fl806-3'2a'7Or"�809- 45 4 C7R1411.926 O7R2603-246.5/6�7 INeiighhorrrxaad VX)20 PropertyCNass RV PARK,(2802) Sudadiv4 on f✓I,6hrYDALAY Sec/Tvwpa/rang 06/62139 Affordable No 0% Klausing 0'Wlit1" C/0STCla1Sa"MUELC i-RUSTEE P'C1 BOX 170888 Key Largo FL 33037 VAuatittn 2022 Certified Values 2021,Certified Values 2020 Certified Valdes 2014 Certified Values S+lmk tImprovement VakAe $154,956 $154,5'56 $162,597 $162597 f- N°1arketIANscValue $115,357 $d.10,'971 $111.398 $111,.823 Market Land V;Owe $885,354 $ag5 354 $1"1'd62 41,5 $9'10,648 Ju,0 Market V.aBeuer $1,155„667 $1,151„281 $1,336,410 $1,185,068 Tc)talAsse- sed'V,aViue $621„712 $565,193 $513,812 $467,102 School Exempt VA,ma'6 $0 $t'd $T $U Sr taraa'.al pIlx ahfe vakm $1,155,667 $1,1S1.281 $1,336,410 $1,185,068 Historical Assessments year Land Value Building Value Yard Itere V'aNwPe Just( ar ket)'VMue Assessed Value Exempt Vah,re Taxable Value Maximum Portability 2021 $885,3 4 $154,956 $1.10,971 $1,151..,281 ',$.565,193 $0 $1,151,281, $0 2020 $1,062!,41,5 $162.597' $1,1,1,398 $1„336,410 $513812 $0 $1,336,410 $0 2019 $910648 $162,597' $11.1,823 $1„185,068 $467,102 $0 $1,185,068 So 2018 $sp.5, 1fi $15k6755 $1001,437 $"694.838 $424,6,39 $0 $694,838 $0 TI, „ Land Land Use rNunmber at iUnks Unit Type Frontage Depth N dEi'o is 19,8 1L1.C4 t"s pq are carrot 2 Ta MOO)41 t'1.46 Yoram°aage CT 76 Buildings Building RJ 43670 IE;xte6or Walls C.B.S, Style 51'ILT 1 STORY' Year Built 1.967 Building Type APTS U/03D Effe�ctIveYearBILI t 1694 G oss Sq F't 3296 FoundaVon Firristmed'SoF% 750 Roof Type Stories S Floor Roof Coverage Condition AVERAGE Flooring Type Perimeter 110 Hearing Type 4812 Functional Obs 0 Bedrooms 0 Economic Cabs 0 Full Bathrooms 0 Depreciation% 38 Half Bathrooms 0 InteriorWaillis Grade 350 Number of Fire PI 0 Code Description Sketch Area Finished Area Perimeter CAN CA14OPY 700 0 0 FLA FLOOR L11V AREA 750 750 0 P11O PATIO 696 0 0 SEIF UTIL FIN BLK 1,150 0 0 TOTAL 3,296 750 0 Building ID 43671 Exteriorwalils C'185. Style STILT I STORY year Built 1954 Building Type OFF 01.DG-I STY-CD'170 EffectiveYearlBuIlt 1986 Gross Sri Ft 814 Foundation Finished Sq Ft 634 Root Type Stories I IF i0or Roof Coverage Condillon AVERACF Flooring Type Perimeter 118 i4eating Type Functional 01), 0 Bedrooms 0 Economic Ohs 0 Full Bathrooms 0 Depreciation% 45 HalfBaffircroms 0 Interior Walls Grade 350 Number of Fire P1 0 Code Description Sketch Area Finished Area Perimeter FICA FLOOR L.IV AREA 634 634 0 SBF Ul IL FIN BLK 180 0 0 TOTAL 814 634 0 Yard Iterns Description YearBullit Roll Year Size Quamity II Grade WALL AIR CONID 1969 1970 OX0 I 1UT 2 RW2 1975 1976 2 x 55 1 11.0 SF: 2 SEAWALL 1975 1976 4 x,48 1 192 SF I WOO DDECK 19 7'5 1976 O X 0 l 201)SF: I WOODDOCKS 1975 1976 O X 0 1 252 SF 3 SEAWALL 1975 1976 8 V,51 1 4(W SF 5 SEAWALL, 1975 1976 4 x 110 1 440 SF I WOOD DOCKS 1975, 19 76 0 X 0 1 552 SF 3 SFAWAI L, 1975 1976 4 x 200 !1 800 5F 4 UTILITY BLDG 1975 1976 8X11 1 88 SF 5 WOOD DOCKS 1979 1980 01 an 0 1 420 SF 3 ,CH L114K FENCE '1986 3987 6 X 260 1 1560 SF 1 CONCRETE DOCK 1991 1992 4 x 41 1 164 SF 4 FENCES 1994 1995 6 x 25 1 150SF 2 CONC PATIO 1994 1995 OX0 1 9205F 2 FENCES 1998 1999 6 x 3(X) 1 18(n SF 2 CONC PATIO 1999 2000 10 x 30 1 3(X)SF I Sales Sale Date Sale Prkv Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or improwd Grantor Grantee 12/412012 $100 WarrantyDeecl 2'603 2465 11-U iqwfli6ed trnprowd 6/1/1996 $411,300 Wan,anty Deed 1411 0926 Q-Qualffled Improved Permits Number t Date issued Date Completed 4 Amount Permit Type Notes 18300062 6/15/2018 $12,0)0 CornmercIA REFAININGWAII, BEHINDSEAWAII.&CONCRETE BEAM 14304332 12/2191201A $40.000 CcknvnerdaI REPAI R EXIST IING 5F AWAI,L/DOCK 09)32148 5l1012MrO 11/16/2000 $1 Cornmt,,,rcial FENCE 9931366 7,822/1919,9 12J17/1999 $1 cormnvrCial SLAB View Tax I rtfo Sketches(clIick to erilarge) 4813 . .CAN PTO pm� / . .E\ » ; : mm am a & 2 a � � .. ��.. � ������ . �> ... is 4814 24 3 a _............._. 5F _ °9so) ^tl 2 22 FLU (6'34) 10 Photos G r rll, 4815 Map TRIM Notice 2022hdmlo,a,'Oi ly Schneider CIE OS PAT II A L 4816 #,V, qPubH'c.net` Monroe County, FL Disclaimer The Monroe oe County Pr,crperty ,pprai�ser's office rrliaintains data on pruperty withiri,the County sralelly for the purposes Of fulfilling its responsibility tn'seculre a just Valuation for ad valorem tax purposes of all property withinthe County,The Monroe County property appraiser's office cannot guarantee its accuracy for any rather purpose.Likewise,data. rovided re ardin� ��a ane tax year is not b,e sapplic�able in prior or subsequent years. y request,in�'sluclh d ata,+ryou ereby�ulnderstan and agree that t are data is intended)f'ar ad valorern tax purposes,only and should not be relied on,for any tat er purpose. y continuing into thm s site you assert that yrsu have read and agree to time above statement, Summary Parcel IID a:0.5547'&,ti-r,ar.wz a Accoasnt# 1680206 Property in 16802106 Mirla8e Group 5VX* Loaatfon ,36 r.SE6`,u°3ND$1 KEY LARGO Address P I�1 r3L 5 228F" 411G3-474G10-�p5e1GI1-1ir4.E��w"60-3 I�esrri Lien O R�4�83k1 A2&S b,5 931 fJP8 aA>•, S 1 125 O 6G-394 ' � i ) ,. �12F2&aR8Ca9454�7R1_ � 1 � � � 4 AND 1s � � � r ��7Fk���73�"7�F.7Fk17.wV1-112`d�d3 60R1,41,�3725 R260324.56/5803R292a2�raxRES Neighborhood 110020 Property Ciasx RV PARK; 287121 SubdWlslon MANDALA Y S r''r+p/IRnB 06/62/39 Affordable No Hoaasin Owner rv° el"4f6YIRJI,I I�4,2(Y2 CC1S46i BaiullJELC,7Ru!i"flE PO BOX 370888 Key Largo Ft.33037 Valuation 2022CertifiedValues 2021 Cerdfied Values 2'020 Certified Values 201.9 Certified Values + Market llirieprovemen�k"7akm `b214,663 S232.739 $232,�237 1234,526 + Market Mrsc Vahw $156,40 4 $1°58,.222 $161,6,41 $165J621 w Mir keN I.Ar arWllU0 $2.355.1A3 $2„55u 143 $2,826,168 $2„480,,1,09 )ust:Market Vallu.uc $2.726,230 $2„7'46,104 $3,220548 $2,879,797 Tot,alfaassenssecIVahsae $2489034 $2„262,7'59 $2,057,054 $1„148„643 School Exempt V lue $Ca $e $0 $r'I arirowl raxablles Valluae $2„726,210 $2,746,104 $3,220548 $2,879,797 Historical Assessments sear Land Value Bt ldin8 Valuer, Yard ltern Vakke Just(Market)Value Assessed Value Exempt Value Taxable Value Maximum Portability 2021, $2 S55,143 $232,739' $158,222 $2,746,104 $2,162,759 $10 $2,746104 $0 2020 $2,826,168 $232739 S161641 $,'220548 $7,057,054 $3 $3,220,548 so 20119 $2.4910,109 $234 526 $1.65 162 $2,879797 $1,14R,F43 $0 $2,879,7'97 $0 2018 $1890„527 $221,122 $,124,609 $a2,236..85B $1,059,136 $0 $2,236.858 $0 L,r`,rx a P i,. ;r >irl, nu' , ,'aa> a,- , ,,�,xr7; l.i' �% %i^„.. ,t fYV�N �Y I.ff r„ .:a" _ ._ Land Land use Nur nber of'Units unit Type Frontage Depth r2801i 91550.'00 SegauareF'-ow 200 250, t9517F1;i ug.19 Acreage 0 2 Buildings BurldNng to 43666 ExterlorwMJalls C;R& Style year Sul" 1958 BulldlnBType 1ERV;r1unkr+SPC/25C EttectiveYearSulit 1980 Gross SgFt 5792 Foundation Finished Sr1 Ft. 2482 Rcart Type Stories 3Fioou Roulcovera8e Condition AVERAGE Floor"ingType Perimeter 363 Heating Type. 4817 Functional Ohs, 0 Bedrooms Economic 04s G Full Bathrooms 5 Depreciation% 55 Half Bathrooms I Interior Walls Grade 250 Number of Fire,111 0 Code Description Sketch Area Finished Area Perimeter CPIF COVERED PARKiNG,FIN 501 0 FLA FLOOR LIV AREA 2,4,02 2,482 OPF OP PRCH FiN LL 844 0 0 OUF OP PRCH FIN UL 571 0 0 PTO PAUC) 1,146 0 0 SBF WIL FIN BL,K 248 0 0 TOTAL 5,792 2,482 0 Buildingli) 3(1864 ExteriorWalls MIN WO(,)D SIDING Stoe Year Built 1953 Building Type 151 Y STORE-13 I 11) EffecthreYearlillulk 1987 Gross Sq Ft 18,55 Foundation NONE Finished Sq Ft 1140 RoofType GABLEJHIP Stories .1,Ploor Roof Coverage ASRHALTSHiNGI. Condition AVERAGE Flooring Type CONC AIBOVE.GIRD Perimeter 136 Heating Type NONE with 0%NONE Functional Ohs 0 Bedrooms 2 EconoryflcObs Cl Fulifilathrooms 0 Depreciation% 45 Half Bathrooms I Interior Walls DRYWALL Graide 250 INumber of Fire PI 0 Code Desedption Sketch Area Finished Area leedirneer FLA FLOOR L LV AREA I 144D 1,140 0 PAII0 PTO 297 0 0 5BF UTIL FiN B L K 418 0 0 TOTAL 1A55 1,140 0 Building I) 30865 ExteriorWalls METALSIDING Style Year Built 1997 BuildingType APT9-D,,03D EffectiveYearBuill 2003 Gross S(I Ft 480 Foundation, \N'D CONC PADS FinishedSqFt 480 Roof TypeGABLE/HIP Stories I FIaor RoofCoverage ASPHALTSHING1. Condition AVERAGE FlooringType 5F17illi)WD, Perimeter 104 Heating Type NI0N1EwRh0%N0NE Functional Ohs,, (), Bedrooms I Economic Ohs 0 FuIll Bathrooms 0 Depreciat ion% 23 Half Bathrooms 0 Interior Wails MASONRY/MiN Grade 200 Number of Fire Pi 0 Code Description Sketch Area Finished Area Perimeter FLA FLOOR LIV AREA 480 480 0 TOTAL 480 4,80 0 Yarld Iterns Description yearsuift Roil Year Size Quantity Units Giride SEAWALL 1975 1976 3 x 4,50 1 1350 SF I BOAT RAMP 1975 1976 '101 K14 1 420SIF 3 WOOD DOCKS 1979 1980 501)18 1 4(X)SF 3 UlAr IT'Bt DG 1979 1980 OX0 I 4805F 3 TIKI 19,81 1982 16 x 11, 1 176 SF 3 CONC PATIO 1994 19,95 12x 10 1 1120SF 2 CONC PATIO 1994 1995 85 x 15 1 1275 SF 2 CONC PATIO 1994 1995 38 x 14 1 532 SF 2 CH LINK FENCE 1995 1996 225 x 5 1 1125SF I RW2 1995 1,996 1x117 1 117 5F I CONCRETE DOCK 1916 1996 210x 12 1 25205F 4 CH IL NK UNCE 1995 1996 125 x 5 1 625 5F I TRAIL ER PORCH 1996 1997 8 x 12 1 96SF 2 FENCES 2C102 2003 4x42 1 168 SF 2 FENCES 2002 2003 6 x 64 1 38,4$IF 2 4818 Sales Sale Date Sato Price, Instrument linstrurnent Number Deed Book Deed Page Sale Qualification Vatant or Improved Granter Grantee 12/4/2012 $t00 Warran y IDeed 2603 2456 11-Uniquafified Improved 71l,11996 $890XXX) Win an I y Deed 1413 0725 Mi-Unquall fficA Improved Permits Date Is%ued Date Amount PermItType Number = Completed '. I Notes 4 ENV-2022- 1/512023 SSW Comnlef-dal 0009 22300706 5/19/2022 8/12/2022 $4,(.X.X.) Commemial API ROVA1 T43 DEMO CBS WALL,AND PLASTIC FENCE,AS PIER APPROVE CD PLANS.NO ELECTRICAL,MiEC HAN I CAL OR PLUMB I NG TH IS PE RM IT. 19302080 8/26/2020 $19010 Commerdal 18302132 12JIlu2018 5/16/2019 $4,500 Cornmerdal PAVE HAMMERHEAD TURN 18300062, 6/15/2018 $12,(,XX) Canirnvydal RE rAIINI NG WALL BEHIND SFAWAL L&CONCRETE BEAM 183(X)Q68 6115/2018 $9':"xx) Commercial INS TALL 3010 LF VINYL&CONCRE TE POLE F E NCE 6'MGH 183CO067 4/512018 S/17/2018 $4,0(k Corvirnefcial INSTALL 200 LF VINYL CONCRETE ROLE FENCE 13304920 4/17/2015 I2/17/2014 $25,000 Commercial PL111MBING1 LATERAL WASTEWATER CONNECTION 1,4304332 1,2129/2014 $40,W0 CwnrnerOal REPAIR EXISTING SEAWALUDOCK 14302810 9/25/2014 9/29/2014 $1 contact PILINGS 14303311 9/19/2014 9/29/2014 $1 commeldal PAVERS OVER EXISTING DRIVEWAY 13304315 5/20/2014 16/11/2014 $1 Cominer6al EXTERIOR REMODEUREPAW TO STAIRS&ROOF 14300173 15/12/2014 12/17/2014 $60XJ c(swerdikO CBS FENCE 083D4082 5/7)2009 9j7/2010 $0 CommercW WOOD DOCK REPAIR 1304642 1/31120021 V 112CK)3 $1 CamrnercW WOODFIENCE 1301380 5/23/2001 61ll/2014 $11 commerdal WASTE 7REATMIENT SYSTEM 0032148 5/1012M) 11/16/2000 $1 Cornmerdal FENIC�E 99313,66 7/22/1999 12,117/1999 $1 Camrmer¢Iall SLAB 9630259 1,11/1996 10/1/19196 $1 CornrnerciaI CHMN LINK FENCE View Tax Info Sketches(click to enlairge) 4819 1,.4.... 25 r5A 55 (705) °2A al (5311 I� I 42 PTO 10 558'i 15 2;5 F 10, 12 PTO 1 108911 23 wA 5 IFLA 9 8 (15:m) 5 5 Ff A 5 45) off �1SM55 25 25 25 CPF 5 3# (5ik1) 45) ._..__. 11__.. .__.........� __.. 8 ....._...,..._�.__ 22 ._ - ......�. 10 55 t545 151 38 4820 ILA SB,F (1140) (418) PTO (297 27 38 7 311 4821 6'LAk (48(1' .... ... .............1.2.,.,_._......_...........................,.,__.... Photos r '3s✓//i,i�rro nz i 4822 0 fi A{ Yi dN ti pii�jii 1� i Map x r TRIM Notice ................_ Schreider 4823 313112 .239 PM gPub(cruet.Morwroe County, Ft.- eporl:0105 ro442r,1-ooltt300 Monroe County, FL Disclaimer The Monroe County Property Appraiser's office rnaintains data on Property within'the County solely for the purpose of fulfilling its responsibility to secure a just valuation for ad'valorem taxpurposes of all!property'within theCounty,The Monroe County Property Appraiser's office cannot;guarantee its accuracy for any other`Purpose.Likewise,data iarovided Iregardln one tax year may,not be applicable in prior orsubsequent years,' key request in such d t ,YOU hereb uncterstan and agree that the data is intended for ad Valorem tax purposes only and should not be relle�d on for any other purpose. y contilnuing into this site you assert that you have read and agree to the above statement, Summary Par".10 005544204A79"hlsl Actoun'tO 167"17 F'operty ID 1679917' Millage Group S K Localitan 976m1CIV1N;S'rm}AS,.Hwy,lKEY LARGO Addrm p Legal 0Bk20S 1.2 1=4 5-6-7 S 30-31•,I"32.33,00SWWdY 200P 1 22°, :I'S R 3 AND BK4 Desc ript6on L"ES 1-2 AND PT'1.S�T S'1 AND PT 2 C)S P MAN A,AY AND AIW BAY PaTM PLa1n 194 KEY t,ApGOG2.1St 2154G2-4--03(5,4438wP"IO-454(A1,125 G1 1,209OR19?,24361 DEED 22,605)OIP411,,27S41S`S3A916/11OR44a629OR47P1-986 95aS 9"P cMS606-626op&32'26O'S.65409OP8654•41,W4`.4"kR68 -6364:1S'688-236L'39 oS765 1,639r1 14791-687!OR975 15391VCOr4975-15,42CDA1030-2361OR1(A0 1.8/39 �91mAd9.MOM k/AIN°IW'"OR 1,42143 OF,P0831"29()R1116.1kSS/89 C„N9112'6-12rbi6ti~"MI9'91+48 1897iC»R1254-1.356/57OR12"55-773OR1413-229P R141S- 231D/COR1426a 1,7W79C1R1449-1274/76COR199 526'27d.2A1994 2491,193 C19 2996,1515116 OR 2287 2090/2 1 1 e41 RE5140 6u)3,.,21aJ6i OR 2'341 112141PES 493, 20071 OR2477,2491/24931/r C2P2647-96,3/67 CDS2'65 5.122/u/711 11p292 5-2455RES Prrapertyclass T"L'DMMEpu,AL11CaC'YC/„ surbd'Ialsran MASR174,M,.AY Sec/Twrp/Prrg 06/62/139 Affordable No Housing Owner KEY M,ARINArDr2a"rY.r.4huh*rN LLI..C': 155 rK2 Wmr mnee F 34747 Valuation 2022!Costume4%Values 2021 certified Value 2020 Cerli$uaad Valuers 2019 Cerfifted Vaiiaues M Market larnprureewwo'u/°uw«u e $0 $15281.9 $1.7 1.,921 $171,921 e Market MisQ:.:Valuue $126740 $142,578 $$1.4:3,E97 $14521.4 4 Market Land Value $2,516,129' $'?e11tn.'1.29 $2,516 1;2'9 $2 873,966 Just Market Value $2,642,877' $2,511„526 $2.8311e47 $3„191,101 Total Assessed Vakure $2,642,877 $2,511 5,2b $2,831,947 $3,016,602, Scrx"i Ex mrutat Valaua $n $iU $o $41 SA'Pwcaal Taxable VaULa $2 92,877 $2,81,1526 $2,831.,94 $31A9,AC11 Historical Assessments Year N ndWue Buddng"Va4uc: Yard Isom Value. )US11t4VParket1Value Assessed Value Exempt VA410 Taaablc*Value mas4,mauusvnpnrtab11i1y 20,21 $2316,129 $152,81.9 $142,5M $2511526 S2.811..526 $c S2811,526 $0 20;'2C1, $2,516A29 $171,921 $112,8197 $283111,9417 $2831,9e,7 $m $2,831,947 so 2019 $2,87'3,966 S171.921 $145,214 $3191101 S31116602 so $2191.1011 $I0 2018 $2.467,7CM $157„398 $121,687' $2146,789 $2742,366 $0 S2.746,759 so r,Ngaa '("m 4" 'LA '1 ,. ,`iM A'� +,1 ,i„�Li,l -r f,:. +1%� 'i-t i U"dr qyn ,f'A'1,a„,rHM '. ,.,'�,6 ,P4,e v,,,..r,f„pr, ,r�F„,i}„,l,r,.il Land Land use 6Murrmlper of Units Unit Tylpe Frontage Depth 4'.OMMERCIAd,WA7'FRFRu°7r4(jtod 24275,00 5qurarr Foot 0 0 r;'CDP»4MEldCIAr,N•311„'11h11w4w'E1C9&fid :k`b"1).W Square Foot 5=C1 125 COMMERCIAL DRY G 1t"41rkk l>r tlJt}14.co 54uare f Cot 0 ER,9W/1Sw:7NI+ENN m"A4 LY SENS N J 0A6 Ac.reage 7.1 a htt$1s:,tigtltutllic,sctlrweidercorq cawtT4a'Appli eau tton,aslu4D AA)pg ID-605t-a,yeriD=9 46 PagieType'1 =49G-'agel 2tm3 (�=135017'607&KeyValuem! 055ro4 ... 4824 3,131/23,2 19 PM qPubhc net-Morroe Courity, FL-Report:00554420-000000 'Yard Items 0wription Roll'Year Size Quantity value Grade CH LINK I::ENCIF 21W6 5x6w 1 $7326 1 CONCRETE DOCK 1967 147 K 7 1 $73388 4 SEAWALL 1916 9 315x4 1 $147,420 4 CONCREIF DOCK 2000 6 x 120 1 $376/8 3 CONCRETE DOCIK 1,9811 505 1 $26,745 4 Sales Sale Date Sale Price Instrurnent. Instrument Number, Deed Bwk Deed Page Sale Quafification Vacant or Improved Grantor Grantee 10/18/2013 1,2105XXX Warranty Deed 2655 1709 12.urqualkhM vararbi 85/2,013 $5 092,1 Warranty Dvdl 2647 963 38-Ureivabiwd vucan� 81312,010 $A"W,TKK) Cerlificateol I'Me 247'7 2491 12-UrgIvalAwd Vacant 4/15/2LXA 168WAM Wwranty Ewed !1996 Isis () quafifyetl Impowe'd 111990 $57o5(k Warranty,DevJ 11,26 2288 0 uniquahhed ItmptcrgA Permits Number * Date,Issued t- Date Completed Amount 0 PermItType $ Nores 4: 21300717 7/7l2021 2/16/2022 W000 ("'Ornmerc4ail DEMOOF eA88SQUARE FEET COMMERCIAL RESTAURANT 16N)3874 7012016 121300016 $9,mk DE MO DRiVEWAYANVALL T:TURN&BOLtARDl S 16300975 3/30f2,016 712,OiXle, S 1,5(XI convnefdai INSIALL NEW 200 AMIA SERVICE 153052,U 1 1/612015, 3/2&Q016 S12"Mx) corvrwwrdat DEMO EIVILDING,DICK&TWGF-R PIERS 15MA712 10/512015 11110(2,016 s 9,0(x) cornmercU4 15302762 6/212015 121/10/2015 $2,5no, COM117weirccal 00140'WOOD GARAGE 123(A)628 04�21012 8/812012 $1 Co"Imerd'al INTiEXI REM0101 LIRE PAIR 113U5496 I V30/2011 8/812,012 $1 Commercial RE R(,X)f-ME IAL 11312K11538 4/1872C)11 816/2012 $1 Commercial AWNINGS 11,300477 3/1/2011 10/1312011 $1 Commercial CONCRE I E SLAIS 05306604 1/1812036 10/512006 $1 DEMOOINE STORYCONCREIEBLELro 05306605 1/16/2(M 10/5/2w6 $1 DEMORV&COWREIE ADDITION 05306606 111812006 10/5,12006 $1 DEMOLI 110N OF MOBILE HOME, 05306253 12/2/2005 10/5120(1S $1 CoonmerdaI CD AINLINK PENCE 053054B 10/19t2N)5 1015/2(*6 $1 C HAINIL INN:AND WOOD F I,,NCE 05304589 9r23/2(K5 12A9/2(*5 $1 DEMO CONCRETE BU(ILDING 05304590 91231214i5, 12/19/�2(X)5 $1 DFMOM C!ONCRE FE ELLDG 014,104298 9/1312W5 12,/19/2005 $1 11EM<31014 043043CM, 9M312W5 12Y19/2005 $1 DEMO MITI (14304307 9/131/2005 12/19/2005 $1 DEMIDMH 4AXA308 12/i9i2ocIS $1 DEM01IMN L,9304309 9/13/2005 1211912005 $1 DEMOMH 05303988 9/13/29)5 12/1912001 $1 DE MOTT I ION MH 05303989 9/13/'2CC5 12/1912,005 S1 DEMO MH 05W3990 9113/2005 12/19/2005 $1 DEMOMH 05.303991 9/1,3/2005 12/19/2005 $1 DEMOMH 05"9)4034 9/131/2(A15 1211912(X)15 $I DEMO MET 053N035 9/1112005 12/19/2005 $1 DEMO MH 05304036 9/1372005 12(19/2005 $1 DEM,O MH 05304313 9/13/2005 12/19/1w5 $1 13E0,110MH 05300719 &21/2100.5 101161200S $1 Commercial DECK REPAIR 04304492 1/13/21°DO15 1011 712C,05 $1 (:awnmcrrW RET144aTO I TLKII HUT 04304494 111.3420015 10/17/2W)5 $1 cornmerciaI R(X),F R E LIAC f M F N't 04305389 1113r4(M5 1011712CAM $1 Cwirrwr6at WNTE',91OR RENOVATIONS (A303222 615,12004 11/112004 $1 con""erdiaL IRIPL SLAB&DEMO TRAIL FR 04302078 5 1,112(XM I I 1 1120(A C,on C 11,41 DEMO TRAIL ER 23t)1272 4/1112(X)2 11112003 $1, cornmercial DIMOO[CHICKEE 2301,„329 4(10/2W2 1/112004 ELECT RIC ME I I:R 2101123 418/7002 111/2003 L tNIJ REPAIR 2700915 318/2�W2 111/2004 SI RFROOI: 1309).% 1 V'26/2001 $1 IINS I ALL PUMP S TATION 1,303295 E9/20/2001 $1 11I,6T4LL 3,70NA,"CPACK9AGE 130058A 3/19' 1 $1 ir,,11,E,C1 R N'U P,G RA DE, 0018W) 4,1�7,612(XX 12/18J20W S1 DESIO�WR ENCL CODE ENE X419 10 2/28/27W) 111/2rKll $1 ELEIr.,TRIC UPGRADE 9930072 2/16/199,9 11/16�'2,(XY) $1 Ciamrn unarrual D(XKS http l)'qpublic,,SChneiderGorp,corll�Applicatiori.aS1DX?APPID-605&1.ayerl D,-,9946&Page Typie I D=4&Paige 110,-7635&0=13501 7698'7&KeyVBjue=()055442, , 1 4825 3131123,2 39 PM q,Publmc,r1 C- Monroe County,FL-Report 5 4420-31C)3ODO View Tax Wo Foots, iN I I „M 4� it law T o N I w TRIM Notice �4)2;2 VolV (),Nv Nocbtaavaflabletor the following ing modulev auO&ngs, �*pie "IA r6 '-„u ,.,:J1„Y; htMpsWgpu1bINc.tarhwnedC'r rpa c nVA;)plicatiorw.asp '?A �ID= 05 I_ay rlD=9 46&P age7'yp IC)=4 age IDu7635 =13 ^JI7698?&KeyV dLte,-00554 22 4826 , qI "' Monroe County, FL Overview a *Pc 7r , Is wow LegleM t V�� "� � Ltd Iilumu 4 Easements Hooks Lot Lines Read Center r— Rights of Way K„ fhsor Iprr a I oindo Building Key Names 5 SubdivIslons ', � Parcels Parcel 10 00554420-(XXX`JC9 Alternate 1101 1679917 Cava ner Address ICEy'IM RIN r1 GE'VELOPMENTL.IX Sec/Twp/Rng06162/39 Class COMMERCIAL IAL 52 Riley Rd Property Address 97601 OVERSE S Hwy Kissimmee,Pt,34747KE�Y LARGO District 5-(X)K IlriietT'ax 8K2L.TS1-2,,3,-456,9. - I-31- 2-33AINll`S LY 200FTX 250FTSQR 3 AN BK4LTSal-2/kNDPTI T STANDPIT224DSTMANDALAY Description ANDAW BAY BTMPB1M194 KEY LARGO 02-111C12-1.54G2-4C13G4m438(y18,,.4554GI]-1.25 1'1.2 9C3R197-24301IEDEEE122605)OR411. 278OR4,34,.916/17OR448-629OR470-1,88ORS34-798EOR6 -636C7R6,34.726OR654"4090R654-41OL/EOR684-636OR.6118- 238/39C3R765-1639/4C1C3R791.-687L1R975-1539D/C:OR975-1542C7R1030.2361m R1 128 3P R104 -140/41.m" PP OR11040 142J43CSR1083 129r3R1126-1,2811/890R1126-1,28601R1148-18970P,1254-1.356'5'70R12 5,773C3R141,3-2'.2'9OR1413.23f:I)/C OR1.426-178/`79C7R1.449-1274/76C.C1R1,994-526,/27OR1994-2491/93OR1,9'96.1515/160R 287-2C190/21.141 ES NL"76,03.2006b OR2341-1014(RES 493-2007)OR2477.2491/2493C/T O R264,7-963,d67 C,7R2655-1209/11 OR25125-2455RCS Ulaty crea tre&131/.2023 Ldr,4D,.at<rUpk7acdrd°V3 )236;17"S a'*J''"7I A L 4827 ,*,qPub1"1c,.ne4""' MoInroe County, FL Overview I Centerline Easements /i ➢j ai w Mw -- Hooks na Lit Lines� Read nl .'r' ;? �y Rights of Way Shoreline m - �� w aCondo BuflIdIng Key Names �; .. Subdivisions � qa w w; 0� /f I ParcO ID 00554710-OW(300 Alterinate lD !1680206 Owner Addr ss MY FAMILY TRUST 12/4 2012 S'L,c/Twp/Rng 06d62/39 Class RV PARK C/O STOIA SAI'^ UEL C TRUSTEE Property Address 36 E SECC"1NL7 5t PO BOX 370888 KEY L A RG 0I Kart Largo,FL 33037 District 50I K Met Tax MANDALAY IPB1-94 P.1.&'ELK 3 AND LOTS 51.16 7-8 BLK 4 AN L1 ADJ FILL CLAY BT M!AND R7 15i.5,,r KEY LARGO F5 22E F5-411 G3-474 escrIptiarn G10-454GI1-1250R160- 94OR524.838OR545.931 OR806-3200R809-454ORIr170-12,73/74OR'1255"1172/73OR1411_9 6 OR1413-725,OR2601•-2456/58 0R2925.2455RE"S d()f.�: H"mot L)aWeu"c_.Yxeci: 6/'1 2023 Last Data Uploaded:6/1.12023 7�17:37AMI I)evelop(,,ad day S ip eidei Gr�,�"nt� N mAr u��L 4828 qPublic.net""' Monroe Cou�nty, FL, Overview -, a Legend Il. , e�nterliinex Easements Hooks Jf 7/ Lot Lines Road Center Rights of Way " Shorefinv Condo Building Key Names ;' 11 _J Subdivisions 1 Parcels Ma Parcel IID 00554420-0111000 AiternatelD 1679917 OwnerAddr ss KEY''MARINADF"VELOPMENTLLC e /Tw p/Rug 06/62/39 Class COMMERCIAL RCIAL 52 Riley Ind Property Address 97601 OVERSEAS Hwy 155 KEY LARGO Kissbrrinmeez,F'l.34747 District 500K Brief Tax BK 2 LTS 1-2 ,:1-4-5-6_7-8.30 31.-32-`52 AND SWLY 20OF•T X 25OF 1 SQR 13 AND BK 4 LTS,1.2 AND,PT IST S"1 AND PT 2Iw D ST Description MAANDALAYAND ADJ BAY BTM PB1,-194 KEY LARGO G2.18 G2-154 C12-4011 4-458 G10-,454 G11-12',5 G11-2019 OR197.245(1i DEED 2605)OR411-278 0 434-916/17OR44 -624OR470-188 OR a2'4._498E:C R606-636C R634-'/'26OR 54-409OR654-41,0t./E OR684. 626OR6815-2 E/39OR765-1629,/40OR791.657OR975.1529E.)/COR975-1542CAR1 301-2261OR1040-1581/29OR10,40-14- /41/AEF OR 1040-1.42/43 OR 10815-1,29 C11R1.1.26-1288/89 OR 1'126.12'R6 OR 1,14d-1897 OR12 54-t/56/r7 OR 1'255-773 OR 1412-229 OR1413- 221 D/C O1R1426.178a/79 OR 1449-1274/76C OR1994.526/27 OR1994.2491/93 OR1996 1515/16 0R2287w2090/2114QRES NO 60'3- 2006pOR2341-101.4(RES49 -2007)OR2477-2491/2493C/TTOR2'647-96;3d67OR2655.1209/11OR2925-2455RES fl",9<<lQ, I lwat t,a N�i �r rf1 ,i iw.y'�I wN'.r �.�fr'rmn rl?,) Dateoeafe(JW'I/2023 Last Data,,W.kploiwdeii 6J 11202}2`9 T37 A 17e,rek,q'.xd by4.01 Sc Fwkeidfa,r 11,E0 SIP A W f A L 4829 � I m i i � to w w r r w � 1 1 y t g � QI w pa f y o � / r f, o I.......... �y "Y 'a N, r ' /fll�%ri /i r t / i/ (� i f rq kk j 4831 Q I� a yJ4 60 ie %r� �„, ',�' , /G i ,ir//(/ illii �%J 1 � m /ri rid/// //r r %/ ii �( ,, If IA ww w N , p � r � r III t % y 411 err � fr � 4832 ££8� tz I i I i r 2 ....... I '°iamb r �n a ,rn Io 4834 LO M 00 d' �G , �AvPt ur, „ g� 0� k Half,jIgNIAPNOBAN, Wi 0 �w n m � s r k aAill wit a "Ryfly, Jim If 4 um Jq I Rif V. � . mpi Vol 'YY�k, "gym" md'',"" v" �4 s"" � U ,� 1 �y M,'k � 4" " '@ bb ♦q p' rye A� �*'� +M °�,C°'gyp,�� 'M "�y �' � � �"m ,a f rIts mA rh vp � �°"µ wry, � I�� y�y�� ( (.� 0 LLB., '"� ED .a 1I�S �F �` .,�W I I _ W , - 1Z cq If LJ &` I g i wm ION PROOF OF COORDINATION SUBJECV IIE"I ff ION TO ABANDON RIGH IT-OF-WAY LOCATION: Please see attachment ................................................ .... . (Briefdescription ol'petition site) 1,mgmeermg- Sent yo: Judith aarke Address/Ernail: clarke-judith@nionroeCO�Lirity-fq.gov Fire (Marshall: Serltre: Cassy Cane Address/Ernail: cane-cassy@moriroecOLinty-fl.gov Sheriff: Sent Rick Rarnsay Address/1"niail: rramsay@ke,ysso net ............ PLU-SLIant to Monroe (.�()Ujrjty ('o(je 19�-1(l) My Family Trust 2012 (name of applicant) is hemby .....................--------- ................. prc)vicling YOU With u0tiCe Of'OLW iritcnt to sulirnit ali application of the prop cscd abandontywnt of the above- describcd Right-of-Way to the Planning and I'Invironniental ResoUrCeS Dcpartn-ient, E"ticlosed is a copy of the SUrVCY and description of [lie Right-of-Way proposal that is located at ptease see attachment A oil Largo Monroe OUnty, Florida. R.,11, your rcvicw. --rrrrrrrrrrrrrrrrrrrrrrrrrrrr—r-11-1............... Wc look forward to coordilrl, your department on this nriatter. I ryou have any questions, ()r if`I way be of Curtlict, assistarice, please contact me at 305-852-9607.. (daytit-ne phone IlLiniber). Thank YOU 16r YOLII° ............. assistance in this rnatter. Sincerely, (Applicant or agent) L'ncl. Petition/survey Page 8 of8 Last Revised February 2021 4836 ATTACHEMENT A ROAD ABONDONMENT BEGIN AT THE INTERSECTION OF THE SOUTHEASTERLY LINE OF SAID BLOCK 3 WITH THE SOUTHWESTERLY LINE OF THE NORTHEASTERLY 100 FEET OF THE SOUTHWESTERLY 225 FEET OF THE SAID (BLOCK 3;THENCE N 45'10'25" E ALONG THE SOUTHEASTERLY LINE OF SAID BLOCK 3, ALSO BEING THE NORTHWESTERLY RIGHT-OF-WAY LINE OF SAID EAST SECOND STREET, A DISTANCE OF 100.00 FEET TO THE SOUTHWESTERLY LINE OF THE SOUTHWESTERLY 200 FEET OF THE NORTHEASTERLY 325 FEET OF THE SAID BLOCK 3; THENCE S 4449'35" E ALONG THE SOUTHEASTERLY EXTENSION OF THE SOUTHWESTERLY LINE OF THE SOUTHWESTERLY 200 FEET OF THE NORTHEASTERLY 325 FEET OFSA0 BLOCK 3; A DISTANCE OF 25.00 FEET TO THE CENTERLINIE OF SAID EAST SECOND STREETa THENCE S 45'10'25" W ALONG SAID CENTERLINE, 100.00 FEET TO THE SOUTHEASTERLY EXTENSION OF THE SOUTHWESTERLY LINE OF THE NORTHEASTERLY 100 FEET OF THE SOUTHEW'ESTERLY 225 FEET OF SAID BLOCK 3; THENCE N 44'49'35" 'W ALONG THE SOUTHEASTERLY EXTENSION OF THE SOUTHWESTERLY LINE OF THE NORTHEASTERLY 100 FEE OF THE SOUTHWESTERLY 225 FEET OF SAID BLOCK 3, A DISTANCE OF 25,00 FEET TO THE POINT OF BEGINNING, SAID LANDS LYING AND SITUARE IN THE KEY LARGO, MONROE COUNTY, FLORIDA, CONTAINING 2,500 SQUARE FEET(0.057 ACRES), MORE OR LESS 4837 FLORIDA C .COOPERA"JIVE 91630 OVERSEAS I't&73HM1dVA lP 0 I k IX 377,"AVEP1Nllw R, V 13307rtr..037✓ F"8 C)IINE(305)E352-? 31 FAX (305)852M4794 June 17, 2021 Sang Stoia Vie: Proposed abandonment of right-of-w' ay Portion of Eaast Second Street, Mandalay ndalaly Key Largo Dear Mr. Stoia, This letter Is in response to your request for a Letter of No Objection to abandonment received in our office. Please be advised that.Florida Keys, Electric Cooperative association, Inc. (F II C)has reviewed the surveys you've provided and has no objection to the abandonment ofthe right-of-way as proposed, Should you have any questions Please f"eel free to contact me. Sincerely, 84—f%�--- Josh Ellsworth. Staking Technician J:Edba 4838 J. Robert Clean Chairman "l+ ' ""ida Keys C�+strict 3 Authority Antoinette M.Appell District 4 1150 Kennedy Drive Key West,Florida 330410 � Cara Higgins Telephone(305)296.2454 Dustnct 1 www✓fkaa.coni DaM C. Ritz D strict 5 Rt chard J Toppync District 2 Kerry C.Shenby Fxecutfrve Director June 14, 2021 My Family Trust Sam, Stoia P.O. Box 370,888 Key Largo, FL 330,37 F: Abandon a portion of the aright of way of Fast Second Street, that separate Lot 3 through 8, Block 4 and the westerly 300 feet of Block 3, Mandalay Bay Subdivision, Key Largo, Florida Dear Mr. toia; The FKAA Board of Directors approved at the April 24, 2013 meeting, the above referenced project. Pursuant to your request, staff has researched your request and has determined that the FKAA has a 6" 'water main, valve and water meters located within the area of the requested) abandonment however the customer has agreed to convey a utility easement for the area prior to being abandoned. Should you have any questions or require any further information please feel free to call nine. Sincerely, Florida Keys Aglueduct Authority, 6 Marnie L. Walterson Utility Design supervisor CC Danielle 1 Mende , Customer Service Manager-Key West Yusi Bonaclhea, Customer Service Mlanager-Marathon Sue Teich, Customer Service Manager-Tavernier 4839 COMCAST Engineering— Design Department 6565 Nova Dr, Davie, FL 33317 Friday, June 18, 2021 My Family Trust I'".O. Box 370888 Key Largo, F1 3303,7 Re: Road Abandonment for Sam Stoic East Second St. Key Largo, Florida 33037 Conicast, muid-9654-11M Dear Mr. Stoia In Response try YOUr lCtlel-, Conicast tloes not object to the abandonment of the section of East Second Street as described to Lis. However, we will require a Utility Easement fOl•OUr lines in that area or you Neill be responsible for the cost to relocate our fines. Should you have any further questioti, please feel free to call at 1-954-444-5113 or e-mail at l,coi.,iard.--MaNNvoll- ewt,)ol 1(' cable.conicast,com Sincerely, Diqatalty signed by Leonard Leonard Maxwel Maxwell-Newboid Newbold Date;2021.06,18 14:09:016 -04'00' Leonard Maxwell-Nevvbold Perniit Supervisor / Southern Division 6/18/2021 2:08:36 1'N4 Greg Daniels/ Conicast Area Construiction'Coordinator Monroe Courity Draw e 4840 40.0# Ricky Cosh AT&T T: 786,929,2!412 aW Area Manager 600 NW 791"'Av 3C-094 Rc'4820@ us,attxorn Engineering and Construction Wanv, FL 33 26 June 2, 2021 My Family Trust Attn: Sam Stoia P.0, Box 370888 Key Largo, FL 33037 Re: Right of way vacation/abandonment East Second St. Dear Mr. Stoia, AT&T has no objection to the vacation/a ba ndon merit of the right of waiy of East Second St, as depicted on your Harpster Engineering and Surveying, Inc, and Avirom & Associates, Inc. sketches w�ith the stipulation that the property owner pay for relocation of existing aerial AT&T facilities at a future date which the property owner has already agreed to. Please contact Jim Yeager at 305-453-98,64 for any further assistance. Sincerely, Ricky Costa, Area Mgr Engineering SE Network Operations South Florida District File Key Largo DAD 110915 86M 1111U 11 TwrotiPl 4841 Key r mm Writ water 1 reatment District Overseas Highway, h'nsm Ottuee Rkx 491, Y^t^y Largo, FL S33 7 019 *www kbk.d earn lit J r, AA'II,JM �Y' ,June 1, 2021. My Fttmnil.;y 'Frust, c/o Samuel C. Stoia, Trustee O Box 370888 Ivey Largo, F1:., 33037 Re: Application for Abandonment Portion of East: econd Street, Key L,{ r go Der Mr. Stoimt: This letter is sm.mbnmitted in connection with your Right-of-Way Abattc onment Application for the mil ove—referenced parcel depicted can the sketch prepared by HarpstemrEngineers and Surveying, Inc., mm copy of which is enclosed. The Key largo Wastewater Tt-eatm ent District floes not object to yotir application provided that My Family Trust shall be responsible onsibl for the full cost of future relocation of any and all KLWTD facilities at My Family Trust's request that are currently located within the abmtnd(l )mt, d right-of-way. ]Meese feel free to contact me if you have any questions. "f Very truly yc s" y clZtt W. l lulicic, Esq., General Counsel NNI/Ic Enclosure 0).m'0aBa a;I,w4rtaf 1"'t Claret 4'711 1 tm;Y„9'hV.,�,.'�wN 4842 J Robert Dean District 3 Florida Keys Antoinette M.Appell ty, Vice-chairman Aqueduct Author'"i Iistriirt 4 11t11 Kennedy drive Kay West,Florida 33040 David C. Ritz Telephone(305)296-2,454 Secretary/Treasurer www'y l„ po.11 c District 5 `@ tiara Higgins District 1 Ru hard I Tra alrro District 2 Kirk C,Zuekh Executive Director May 3 0, 2017 Mr. Sam tt lal. My "a r i iy 'rrust P.O. Box 370888 Key Largo, FL 33037 RE: load Abandonment ofthat portion of East First Street in Key Largo, FL a 50 foot wide public Right- f=wary as shown on Mandalay. Dear Mr., toia; The FKAA Board rfDir for approved, at the September 28th, 2016 meeting, the above referenced pr je t4 Pursuant to your request, the FKA,A has approved this request. The FKAA has a >' water main and water rasters located within area of requested abandonment and the owner has agreed to pay for utilities to be relocated at their pen . Work, will require! Utility permit prior to p r bimliflig any work on FKAA utilities. Should you have any questions, please du not hesitate to call this otfice. Sincerely, FLORIDA KEYS AQUEDUCT AUTHORIT Yr Marnie Walterson 13istributirin Design Supervisor 4843 VFIVE FLORIDA KEYS EI.E.CTRIC ("OOFF'J'11111' ASSOCIATION, INC. - 11EC April14, 2023 Jess Miles Good' llll Smith/Hawks attorneys at Law 138 Simonton Street Key West, FL 33040 8e: Proposed abandonment of right-of way easement for 36 E Second Street Key Largo, F'L 3130317 Dear Member, This letter is in response to your request for a Letter of No Objection to the Abandonment received in our office. Please be advised that Florida Keys Electric Cooperative Association, Inc, (F E ), has reviewed the surveys your have provided and has no abjection to the abandonment of right-of-way as proposed. Should you have any questions please feel free to contact me. Sincerely, Josh Ellsworth Engineering Project Manager JE/ba 4844 Ricky Costa AT&T T: 786.929,2412 at&t Area Manager 600 NW 79"'Av X-094 P08200us,att,corn Engineering and Construction Miami, FL 33126 April 3, 2023 Smith,/Hawks Attorneys at Law Attni: Jess Miles Goodall 138 Simonton St Key West, FL 33040, Re: Vacation/Abandonment of Right of Way: A portion of E 151, t and a portion of E 2rid St., Key Largo, F1 bear his. Goodall, AT&T has no objection, to, the vacation/abandonment of the right of way of a portion, of E 15t St. and" a portion of E 2rid St., in Key Largo, FL as depicted on your AFA & Company, Inc., Surveyor's sketch and legal description with the stipulation that the property owner pay for the relocation of AT&T's existing aerial facilities. The proposed easement is acceptable to AT&T for possible future needs of the adjacent prolpe,rties. Please contact Jim Yeager at 305-587-0510 for ainiy further assistance. Sincerely, Ricky Costa, Area Mgr Engineering SE Network Operations South Florida District File Key Largo DAD 110915 4845 Jess, Goodall From: Matonti, John <Jo,hn-Matont4corncast.com> Sent. Monday, May 8, 2023 10:54 AM To- Jess Goodall; Davidson, Ricardo A; Nunez, Maria Cc: GNPKeys Subject: RE: [External]RE: [External]Re: [External]Re: [External]Key Marina Development power line removal Attachments: Partiailly Executed-Relocation Agreement - AT T (00276372xDBB48).PDF Thank YOU Jess. Ric, Please see attached, looks like pages 7 &8 need to be executed. Thanks, COMCAST ,Johan Matonti Construction Supe visor South Florida Regional Construction 6565 Novva Dr Da0e, FIL 33317 Mobile:954-732-7846 From:Jess Goodall <Jess @sm ith hawks.co ryi> Sent: Monday, May 8, 2023 1036 AM To: Matonti,John <John—Matonfi@corncast,com> Cc:GNPKeys,<gnpkeys@gmail,com> Subject: RE: [External]RE: [External]Re: [Externall]Re: [External]Key Marina Development power lime removal Good morning John, Per your conversation with Sam, Stoia, please find attached the required relocation,agreement with the County. Please have it signed and notarized and please contact Mr,,Stoia for collection of the same. 'hank you- Vi[to 6`wlad I S M IT' 11 / 1-1 A WI K S A-FTORNEYS AT LAW 138 SAIOWOWSIREEI, K,f.sY WEST, FLORDA 3301z'10 US A, l�EL, 305 2196,7'1227 r X 305 296 8448 Please copy Brandi Green,Bwlamqfi'(���mkW Iavcks,.o,,-iin,onalli correspondence Disclaimer 4846 rfr ni,orinaocm ccnta�nid Gn 0� s clong �nur)ical on �ron i l he sender �s cion� identhral. It ¢s ontojrjded soldy h:or use lby the r(:�cijjpient and cAhers,Wdv:)rim.J to aecea ve it. rf you aiie not the recq)uent., youl are her(d)y rlOtlfied ffilt ,My diSdOSLUE', CO[V` ng, cfist.nbuf�on w' takk-ig adJon in mlation of the contr.,,,nts of this" mfoimatk)n is sO-Iidly prohlbk^(l and ri,ay LQ un avvfi,jl, Please noLe� Th� s aw firm, Tyaay be deerned a "debt c0ecto�- the Fair Debt CoHe(,Uon Pwbces Act, Any and all nfornniat*n obtFflned dnn1niq and from 0""117MILInications unzly bie used lor (hc I:)urpose of c.ollccLing dcb l Php ern ad has been scann��cd for wrusr,,�s and rnakvarE, and rnay hav�,., been autorn�,�LicaHy arch�ved by Minvecast L.td, an nndwatry n Sofl,wiue as a Se0 Oce (Saba S) for busine 6, as safer, and mom usefofl ldace fm youi hi,.iman generated data. SpedaHzincl ml 1jecuN.y, aridflvingi and corrpHaince. To fund cAA rnc�nz° Q_icKjjg�rg From: GN�PKeys Sent: Monday,, May 8, 2023 10:15 AM To: Matonti,John<,oh n Mato nti conicast.corn> Cc. Jess Goodall <ke 2@�j!Ln..Lk kr�tjjA.w k s,c o rr-i> Subject: Re: [External]RE: [Externail]Re: [External]Re: [External]Key Marina Development power line removal Please contact as discussed. Thank You, Sairn Stoia Sent from my Wad On May 8, 202:3,at 10J°03 AM, Maitonti, John,<john NAatoritiCcocra!�L)ca5_t,,cwoiii> wrote: Rob, Per our discussion, please schedule to have this looked at, FKE ' Naas their work schedWed for May 1,51h 190,, Sarn, llooks to be the on-site contact at the property: >>>>> I am trying to get ATT and Comcast to remove fines crossing over Key Marina Development property which used to be East First Street. >>>>>97601 Overseas Hwy. >>>>>They have responded they cannot luntil a new FKEC pole is placed' on the property line between My Family Trust and Key Marina Development, >>>>>The address is listed as 34 East First Street. Sam Stoia Key Marina, Development 305-394-170,9 Isaac, Jib for CCU please. Thanks, 2 4847 10 CMC ,S .John Matonti Construction Supervisor South Florida Regional ("onstru.ucliort 656 Nova Dr Davie, t="L 33317 Mobile: 54-732-784 i gohn._II t�4 tui<YicaUe,comcast.gxn Fromm: Matonti,John <John...Maio rL;,r„? ror'n ast om Sent: Frld'ay, May S, 2023 9 44 AM To;Josh Ellsworth cJLr 1pw.T]� iyf t ILw reL...cw�rrro ; Michael Roberge n�L�mw�t wfWl 1t�I�ri1T�e �tf ryr a r�rvaTu�; NPKeys c ru l u Fr to ii z ut MEAGER,J IwtiES MI y t uu sty r r urp Daniels, Greg<F, g_j itlfle 5, ble tannic fi coiryu> Subject: RE: [External]RE. [External]Re; [ExternallRe: [Exteirnal)Key Marina Development power line removal Good morning Josh,. Thank YOU! Hi Sarri, Are YOU on site next week? Regairds, ii rrr a geOO 1 J pg> John I atontii Construction Supervu ou South Floridan f�ecguon l Construction 6565 Nol va Dr Davie, FL 3 317 tia. iL rmw trwWui q;aHe,corncasI,CI0nI From:Josh Ellsworth, c[p�IrM��Ns uur�[i �ikr�r;. r�uqumr> Sent: Friday, May S,2023 8:49 4,M To: Matonti, John <John Mato nfl@jg nits gS,wrL n>; Michael R'oberg,e <rn iclr� O.ro e if GNPKeys �grnauLcorn Cc:yEAGER„J p IES N+1 <jyaCt5a, Daniels, Greg p,m g a z�nN�Ws�tu���ndcw �t a orpu� Subject: Re: [External]RE: [External]Re: [Externall]Re: [ExternalIKey Marina Development power line removal Good morning,John. Please find the requested information attached, If you have any questions, let me know, Thanks, 3 4848 sh r t F r 'll'i da 91630 Oversi (305) 852 - 24 Please coi ................... From: Matonti,John <)'ohn -'M'a"tA'ou rt'I rn> Sent: Friday, May 5, 2023 8:44 M To: Michael Roberge <l ic i el, (!be GNPKeys Cc:Josh Ellsworth <1 tl, c:�yygqI, f YEA ER,JAMES M Dainiels, Greg q LfTg, Subject: [External]RE; [External]Re: [External]Re: [External]Key Marina Development power line removal This is an EXTERNAL email. Exercise caution. DO NOT open attachments or click links from unknown senders or unexpected emaill. Happy Friday Michael, ,At Your convenience, could you send a print/Googl!:e OH of the location/polies,. Regards, John Maton,ti Construction Supervisor South Florida Regional Construction 6565 Nova Dr Davie, FL 33317 Mobile:954-732-7846 -----Original Message----- 4 4849 Frorn: Michael Roberge<mk.......rhael ........ .... Sent: Friday, May 5, 2023 7:28 AM To: GNPKeys �>6�,p ilf -orp U.,Josh Ellsworth !n>; Matoniti,John YEAGER, JAMES M <jyq <John Mat( Subject: RE [External]Re: [External]Re: [External]Key Marina Development power line removal Sam- The ops crews have the job scheduled for May 15-19 to be completed. I willi let,ITT and Comcas,t know of our projected schedule as well. -----Originail Message_____ From: GNPKeys<gLjp. g, > Sent:Thursday, May 4, 2023 7:27' PM To: Michael Rob�erge<t tichael..,robeM, Subject: [External]Re: [External]Re: [External]Key Marina! Development power line removal This is an EXTERNAL emaill, Exercise cauition, DO NOT open attachments or click links from unknown sendlers or unexpected email. Please hound them. Sent from my Wad >On May 4, 2023, at 5:10 PM, Michael Roberge <michael,robe�L� wrote: > None...but we can hound them..., > -----Original Message > From: GNPKeys<gLip!qLy,.�_Cd)pIIr m> >Sent: Thursday, May 4,, 2023 4 52 PMI >To: Michael Roberge >Subject,: [Externiail]Re.- [Externall]Key Marina Development power line > removal >This is an EXTERNAL emaiil:. Exercise cauition, DO NOT open attachments or chick links from unknown senders or unexpected email. > Do you have any pull with Comcast ? > Sent from my Wad On May 4, 2023, at 4:27 PM, Michael Roberge wrote: >> Sam- >>Josh is getting with the Ops crew"Superintendent to see the status and finds out when they are looking at it schedule-wise. Should have feedback tomorrow. >> II also let Jim Y (A TT) know that I would update him as well. >>Thanks. 5 4850 >> -_---Original Message----- >> From: GNPKeys,<g�ipLey�&Ymail,'com> >> Sent: Wednesday, May 3, 2023 6:03 PM >> To., Michael Roberge<nd(,,,hael,.roberL _Eorp> >> Subject: [External]Key Marina Development power line removal) >>This is an EXTERNAL email. Exercise caution, DO NOT open attachments or click links frorn unknown senders or unexpected ernail. >> H�i Mike, >> How's progress pllea,se, Can II get an estimated schedule ? >>Thank you, >>Sam,Stoia >>Sent from my iPad! >>>>On Mar 19, 2023, at 10:37 AM, Michael Roberge<mkIiaeL be�F,.e kec,cqn,)>wrote: >>> lwifl get everything in, motion tomorrow, >>> Sent from my iPhone >>>>>On Mar 19, 2023, at 9:28 AM, GNPKeys fl.cofn>wrote: >>>>This is an EXTERNAL email. Exercise caiutioni. DO NOT open attachments or click links from unknown senders or unexpected email. >>>>Good Morning Michael), >>>>As previously discussed, Key Marina Development would like to move forward with the removal of power lines,along East Second Street,, (Please advise. >>>>Thank you, >>>>Sam,Stoia >>>> Key Marina Devlopment >>>>305-39 -1709 >>>>Sent from my iPad >>>>>>On Mar 15, 2023, at 10:13 AM, Sam Stoia<c441CRE_p ,(�0Q!j 11 _, I> wrote. >>>>> Michael, >>>>> I am trying to get ATT and Comcast to remove lines crossing over Key Marina Development property which used to be East First Street, >>>>>97601 Overseas, Hwy. >>>>>They have responded they cannot until a new FKEC pole is placed on the property line between 6 4851 My Family Trust and Key Marina DevOopment. >>>>>The address is listed as 34 East First Street. Service presently >>>>> is Listed as Rosernary Critelli and Allison Strode. >>>>> Please advise hovw this can be accomplished >>>>>Thank you, >>>>> Sam Stoia >>>>> 305-394-1709 �Disclainner The Himynnon coMauwd In MIS LOnInMicabon Rom Hw seWer is connden= It is mtendecJ si,';110y fcar kj�,e tiy fl"w reciddient and WhNs Whm Led Lo nmenve 1, H you am nw ke redWeno you am heraN Wdd thaL any dlckmne, copying WON= m thAq adhn 0 reWbon of Hw coilenM of Ws lnwanaHan I Wdy pmnlblted and may be LMAwOL Mmme mAn This 1w On may be deemed as YOA Whdor" wYer Gre Wr D&t Cdledbn NaUkes Ad Any and EiH inforniabon obtained during and from con'OTKNkai'ions rnay be usedl fo the p.vposie of coliecting clebt, nos enwH nas been gAmwd Rw vnmes and nolwarq and may liave been awnmatwWly amNwd by Miniecast Ltd, an innovata" In SONare as a Savice (Saa) for buMnes, PRwWMg a safer and more usehd plaoe Nr your liuman gcneratcd data, Spec011/Ing ln� SMUNO antNmg ancROMWOM. It W wt Mw QkkBgM' 7 4852 . .,, --..---_..-_, ..._._._-___.._ . .._ _.....W. ._ This document wars prepared by. Rrattany Anker„Operations Assistant Florida Keys Electric Cooperative 91930 Overseas Hwwy,P.0,Box 377 Tavernier FL 330770-0377 _., W,. _...._...._. ............ __ ......_-..m...--__.._,. Tax Parcel Vo: C54717g11gf, SPACE FOR RECR71wt ABOVEA ; 1680 g5 . .. _ ...._...._ , �. DISTRIBUTION RIGHT-OF-WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that we,the undersigned grantors, (whether one or more) P _Q.P_ . 1f"w'''_ '!�'!ifNJER. . SAMUEL TOIA TRUSTEE OF MY FAMILY TRUST 12/4/2012 M oi1Ing Addros ,- PO BOX 370888,KEY LARGO,FL 33037 r?4t 1 A Adre % 88 E SECOND STREET,KEY LARGO,FL 89097 in consideration of one dollar and other good) and valuable considerations, the receipt of which is hereby, acknowledged, do hereby grant, bargain, sail and convey to Florida Keys Electric Cooperative Association, Inc., of P.O, Box 377,Tavernier, Florida ?3070-0377, hereinafter called the "Cooperative" its successors and assigns„ a perpetual Electric Utility Easement over, under, upon urn,' ,,,cross the lands and real property situate, lying and being in'the County of Monroe,State of Florida, more particularly described as follows: Aht BLANKET EASEMENT ON SAID DESCRIBED BED PROPERTY: MWMAVNDAuLAuY 1118 1-1 84 PT'BLK 8 AND LOTS 5W8-7'-8 BLK 4 AND A IDJ FILL BAY BTNM AND P'T 1ST'ST KEY LARGO F51.278 Fa-411 G,3-474 G10.454 G11-1'',25 OR160-8914 OR524-838 QR545-981 OR806— 20 OR'S09-454 OR1i1170-1i278/74 OR12584172J73 OR1411-'9216 d R1418-7 5 R2808'-2466/58 C 1R2825-2455RES also, a perpetual easement over, under, upon and across all streets„ alieys, easements and rights of way in any subdivision or recorded plat,which subdivision or recorded plat includes the said property described herein. And the right to construct„operate and maintain an electric distribution line, system or other services unrelated to supplying electricity, on or under the above described lands,the right to inspect and make such repairs,changes, alterations, 'improvements, and additions to its facilities as Ova Cooperative may from time to time deem advisable including, by way of example„ and not by the way of limitation,the right to inu or decrease the number of conduits, poles,wires,cables,hand holes,transformers,and transformer enclosures;the right to cut,trim and control the growth by chemical means, machinery or otherwise of trees and shrubbery's that may interfere with or threaten or endanger the operation and mainitenance of said line or system;:the right to keep the easement clear of all buildings, structures or other obstructions except citrus trees and lowa~w-growing shrubbery that do not otherwise interfere with Cooperative's use of the right of way easement;the right to license, permit, or otherwise agree to the joint use or accupanr«y of the easement„system,or,if any of said system is placed underground,of the trench or related)underground facilities by any other utility,person,association,or corporation„and the right to enter upon,cross and use other lands of the Grantors to provide access to the easements granted herein. The undersigned agree that aill poles„wire, and other facilities Incium:ding any main service entrance equipment, installed in„ upon or under the above-described lands at the Cooperative's expense„shall remain the property,of this Cooperative,removable at the option of the Cooperative. The undersigned covenant that they are the owners of the above-described lands" Grantors agree that this right-of-way easement shall run with the land, and that any abandonment of the use of the easement,or inuerr!!ration in the use of the right-of-way easement, shall not terminate, or impair the interests hereby conveyed to the Cooperaflve. Page 1 o - IN WITNESS WHEREOF, the, grantors have hereunto affixed their hands and seal this "A. k S - ?- 'Z'- "SIGNED, SEALED, AND DELIVERED; IN! THE PRESENCE OF: 0) WITNESS SIGNATURE (2)'FITNESS S'IG'NAT-URE GRANTOR SIGNATURE J 72� f�' PRINTED NAME OF GRANTOR STATE OF: C)V,� -T.......... ................ C'OUNTYOF: The foregoing instrument was acknowledged before me By rneans of'k physical presence oir [I online Notarization this, (Date) By (Name of person acknowledging) is piprlion'all"y ,noon to me or has produiced as identification, (Type of ldenffcsl�oin� or, S Notary Signature and Stamp lot 1111100 Page 2 o- - 4854 Return tw Monroe Counly Monroe Counly Manning& Frivii-onniental Resources 2798 Overseas f fighmay, Suite 400 Marathon, FL 3.3050 Prepared by: Island Conslrucfim Nimagernerit 88888,Oversem,I lighway I avernier,11 33070 ---------------------------------- Space Above Fhis Lirie For Rectm,diri�--- ----------------------- RIGHT-OF-WAY ABANDONMENT ACY'REEMENT FOR 'FURNAROt fND ("ONSTRUcrioN ]'his Agreenient entered into this .13) day of .A ril 2022 leyNly Fami V il U_I�t Marra -, Pf"TH-1 ONF,R PROPERTY OWNFR (hereinafter"PE"TITION F: "). WHEREAS, Monroe Count)) Code (liereinafter "Codc-) Section 19-1 authorizes. in certain Cif-CUITIStances, aNindonment of'a County right-or-wayand WHEREAS, (,ode Section 19-1 provides that such right-of'-way abandonments must comply with all applicable Code requirements fior road, turn-al'OUnd, and fire-rescue access; and I WHEREAS, ( ode Section l 10-97(j)(I 6) provides as f'ollows: "Dea(I-eel rt,)aA desigmed to be so jxrtnonenf�v shall be at the closett en(I wilh a turnat-ou.nd havin,9 an otaskk, r(�)(&Avay ilia nteler ofat least 70,fiwl, ano'as road pt-operl.v lime thanieter ea al least 100 fiet, or InaV be art ovie'lea'with as "T" J ty)e tw"naround a,s, rml j be qj)jarovetlj)et- "Stant)(ji,ti .S?)eclficaiions and Details o/A16nroe Counl.V" v the delnirtment of1kinning ",- and WHEREAS, Monroe County ,funds the 11["FITIONER 111LIS'l construct a T-turnal-C)LInd in accordance with the Public ff"orks Manua/Sfonth'atl S)ecification and IX,tails ofAlton)-oe ('ouniv Division (inclusive B-2) and T-Purn arountl Delail ,R 5, at the ease? of Secon(IStreet (irlsert, ht leg,ible,Im-int, lultne q 'steh eel right-till-ivqy)"; and WHEREAS, the FIFTITIONER hereby covenants with the Ccmnty, bye this duly executed and recorded Agreement, that all construction arid, develop inent ol'such I'-type tUrnar(Aind shall be the sole responsibility of the Pt"TITIONER; and NOW, THEREFORE, t'or and in consideration of'the SLITYI ol"ITIN and 00/100 DOLLARS ($10,,00), and as an inducement to the Minty for the approval of'this Agreement, together with other good and valuable consideration. the adeqLUIIcy and recoipt ol'which are hereby, acknowledged and attested to by all parties hereto, the PE,.'TlTI0NFR agrees,and covenants as follows: 1. The foregoing recitals are true aind correct and are hereby incorporated as fff'ully stated herein; and 4855 I The desires to C011AFLICI such a `f-type turnaround purSUInt to the aforesaid Uccle provision( ), at that certain below-described real property, Pareel(s)/Lot(s): Block: 4 & 3 Subdivision: Mandalay Key: Key Largo _ plat 1100k. 2925 I)jjge�: 2455 Approximate Mile Marker: 97 Rea[ Estate Number(s): 00554710-000000 arid 3. The l" ETITIONER agrees to constrUCt said T-type turnaround in, accordance with Public IT"Orks tin d 7teta,6 (#Alonroe CounlY Division ( inclu.sive qf) B-2 anel R-5, as attached in Fx1i ibit ".- The 1'EATF101` ER shall install said T'-type tUrnZWOUnd in accordance with the terms of the right-of-way pertnit issued by the Monroe County Engineering Department arid shall submit the proposed local ion(s)/site(s) of'such turnaround as part cal`its the right-of-way permit application, which shall be SUbject to compliance and Sufficiency review by the County separaLe and apart From the authorization(s) conferred plUrsuant to this, Agreement; and 4. All notices, consents, approvals, or other conirriunicati(r,ms to the County hereunder shall be in writing arid shall be deemed properly served if sent by U.S. POSI�'Il Service Certified Mail. return receipt reqUeSted. in the following l'orm and address-. M0111-0C COLInty Planning & ["nvironmental Resources Attn: Planning Director 279,8 Overseas Highway, Suite ,400MIlarathon. FL 33050 5, Any and all construction(s) or interpretation(s) of the Monroe County Code ,,hall be deferred in favor of the County and such, constrUCtion an(] interpretation shall be entitled to .great weight on trial and on appeal; and 6. RECORDATION. The PE'"I"ITIONER hereby agrees to and shall, once executed by both parties, record this Agreement with the NIonroc COU11ty Clerk off'ourt arid in the public Records of Monroe COUnty at the same time as the road abandonment is recorded, and shall solely pay any and all costs as,sociated with such rccordation; and 7. AMENDMENT OR, MODIFICATION. No amendnient(s) or modification(s) to this Agreement is/are effectiVe unless the County agrees, consents, and joints in writi,ng thereto. The undersigned PEITITIONER shall record any SUCh ainendt'nent(s) or modification(s) to this Agreement, and shall solely pay any and all costs and expenses associated with the recordation of any Stich arnendment(s) and modification(s); and 2 ()T7 4856 8, LIMITA"HON OF LAABILITY. J-he Pf"TITIONER hereby expressly waives its, rights to a jury trial and any rights it, may have to bring a claim against the County for personal darliage or ill-iUry, or damage or injury to property, that is allegedly caused by the negligent action or inaction of'the County or an employee or agent of the County arising from or•caused by the COUnty*s aUfflOriZatiOn(S), ad,ivily(Ws), or inactivity related to this, Agreement, further holds the COLInty harmless froin the claiAllis ol'ali persons for action(s), inaction(s), activity(ics), damage(s), expense(s), and loss(es) OCCUrring on the above-described property and locations)/site(s) therein, and the PFTIJ'JONE�R shall be solely responsible and liable fior and to any, and all parties who engage in or otherwise per"46171T), aN/ork relating to said consti,ucti(;)i,)/develoliiiiei,it of the above-describecl and below-described 'E-tUrnaround, and the County shall in no way be either responsible or liable for any inJury cml,.'ied by the toollis'. I I � cc mater als, or equipment used by the PETITIONER, its crup oy s or agents, or used by the 11 E171"l ) i I.,R's ontractor(s), or its employees or agents; arid 9 INDEMNIFICATION. The Pl."'IT"HONFIR hereby agrees to indiernnify and dcfend the County and its commissioners. officers, employees, arid agents, froin any and all claims for bodily in,jUry (including death), personal inJury. and property damage (including property owned by or propemy interest(s) held by Monroe County), and any other losses, damages, Itild expenses (including attorney's fees), arising ftOrn zany injury or damage in connection with this Agreement; and. 10. PAVMFNT. The PL'I"I"ITIONUR is and shall be solely responsible for all costs incurred in the carrying out of such the I'-Lype tUrnarOUnd proJect cot'isti,ticti(�ii/develt)ptiient. It is hereby Understood by the parties that the County shall hlCUr no cost for or in relation to such prqject construction/development, It is further hereby' Lluiderstood, that there are no third- party berieficiaries to this Agreement, arid that no Contractor or SUb-Contractor, or any other person or entity, shall look to County f'or payment related U) such project construction/development; and I I COMPLIANCE W1141 LAWS. "I"he 111".TITIMER shall comply with all Articles of Ineorporati(.m, Bylaws, laws, ordinances, arid governmental rules and regulations that apply to this Agreement and to its activities on and at the above-described real property Iocati(,.)n(s)/site(s). The 11 F"HTIC)N["R shall obtain all necessary perrnits, approvals, inspections, and authorization as may be required by such Articles of[ricorporation, Bylaws, and local, state, and fiederal governments and agencies; and 12. JURISDICTION AND VENtJE. This Agreement shall be governed by and construed in accordance with the Laws of the State ol'I'lorida and the United States. venue fcm, any diSf)Ute arising under this Agreement shall be in the Sixteenth JUdlici,d (.1rcuit in and for Monroe County, Horida. 'rhis Agreement shall rl()t be Subject to arbitration. Ifthe C.'otinty brings an action to enforce the provisions, restricti I ons, or terms contained herein and prevails in any SUCh action, on trial or appeal, the County shall be entitled to reasonable attortley's fees to be paid by the losing party(ies), at figures fixed by the COLVII, as well as the reasonable cost(s) ofrestoring such land to the natural vegetative arid hydrologic condition existing at the time OfeXeCU6011 and recordation of this Agreenient. 'These remedies are in addition to any other reiriedy, line, or penalty which may be applicable under C.hapter 162, 373, and 403, I'lorida Statutes, and any other action at Ia", or jr) equity; arid 3 of`7 4857 11 TERMINATION/IREVOCATION OF RRAITOF WAV ABANDONMENT. The PETITIONER hereby agrees to have plans cornpleteand obtain as right of way permit for construction ot'such 'f-type turnaround in acc(,rrdarice with the reClUirements contained in the Public ff'orks untl Details ol'A,tonroe Couvv.y within orle- hundred eighty (180) days ofthe effective date ofthe ounty's approval of the corresponding petition, for right.-of'-way abandonment. Ifthe PEATTIONFA fails to so construct such '['-type turnaround in accordance with the Public Afanual Slwulurcl Sf)ecificution,s ofulDetaits of1finwoe Count.y DivWon(, inclusive o/) B-2 and R-55, or fifils to SO construct such 'I"-type turnaround within one hundred eighty days after issuance of the right ol"way permit, said previously abandoned right-of-way shall immediately revert back to the COUllty. Nothing contained herein shall be construed to prohibit, linin, or otherwise restrict the County's aLlthOrity to terminate this Agreement, a ClLdy approved right-of-way abandonment petition, as right-ollway, permit, or any other permit(s), approval(s), or inspection(s) corresponding to this Agrceinent or its corresponding right-of-way, abandonji,rlent petition, pUrSLlara to al)l,,)Iicable provisions, of the M0111-OC COLUIty (ode and/or the permit(s) applied f(.)r or Issued pursuant to this Agreernerit, and 14. ENFORCEMENT. In the event ol'any, breach or violation of the restrictions or terms contained herein, the County shall, wit1w ut liability to the (,'.OLH1L)/, have the right to unilaterally and without notice terminate this Agreement, and to proceed at law or in equity as may be necessary to enfiorce compliance with the restrictions or terms hereof, and u) otherwise prevent the breach or violation ofaily oftheni, to collect damages, and may enforce this Agreement by eniergency, preliminary, and pern"ument injunction, including ex parte action and motion t'(.)r such inJunction(s), it being agreed that the OUnly WOILJ[d have no adequate remedy at: law, Or such other legal rneffiod as the (7,ounty deet'ns appropriate. Uncured breach of'violation of this Agreement by the 111,''"I"ITO I NE a R shall, without rty additional notice beyond this Agreeinent's recordation, entitle the COUnty to immediately suspend andllor rescind, vvkhOLa liability to the County. developnient applications and pending permits, approvals, or inspections relating to this Agreement,, except For those permits, approvals, or inspections necessary to cure SUCII breach or violation. "I'he PETFI JONER hereby agrees to and shall pay f'Or all costs associated Nvith the COLlaty's, enforcement action(s). Such COLInty ell l'orcclilent shall be at the Countys discretion. Failure, ofthe PETITIONER to comply with or perform any act reqUircid by or under this Agreement shall not impair the validity of this Agreement, and County delay or ficailure to enforce, however long continued, shall not be deemed as Nvaiver or estoppel of the right to do so thereafter as to any such violation or breach-, and 15. AUTHORIZED SICN'WrORY, The signatory for the PIATTIONE,R' , below, certifies and warrants that: GO The PETITIONER's name as set forth in this Agreement is its full and correct legal narne (ifan, entity, as designated in its corporate charter and as tbrnially registered with the State). 4 of 7 4858 (b) The individual(S) eXCCUtillg this Agreement is/are duly aUthorized to so act and execute SUCh Agreement on behalf of tile PEATF ION FIR. (c) As applicable, this Agreernent has been duly approved by the PETT1,R)NI"A's Board of Directors and/or men�ibers, consistent with, and compliant with the PF"TITION F"R's Articles cal"Inca I.,3ylaws, and all local, state, and fiederal Liw(s), (d) Furthermore, as applicable, the 1)[°'TTH ON E,,R shall, upon execution ofthis Agreement, provide copies of list of its current Board ol'Directors and/or managers, a properly executed and notarized corporate resolution approving this Agreenrent, .1 copy of'its current .articles of Inc(:)rporation, and, iff"I""IT"HO 'ER has or- is otherwise subject to Byla%vs,, a copy of such current 13,ylaws. 16 EVERABI1,11Y Wany condition, provisi()n, reservation, restricti(:)n, right, or term of this Agreement is held to be invakd or uncriforceable by away COUrt of cotripetentyurisdiction,, the invalidity or unenforceability of such condition, provision, reservation, restriction. right. or term shall neither limit not- inipair the operation, enforceability, or validity ofany other condition(s), provision(s), reservation(s), restrict ion(s), righL(s). or ten.-n(s) thereol'. All such other condition(s), provision(s), reservation(s), restriction(s), right(s), and term(s) shall continue uninipaired in full force and effect-, and 17. PARAGRAPH HEADINGS, Paragraph headings, whel-C Used herein, are inserted f'or convenience only and are not intended to descriptively limit the scope and intent of the partiCLdar paragraph to which they rel'u; and 18, EFFECTIVE DATE. This Agreement constitutes the entire Agreement: and any representation or understanding ofany kind preceding tile date of this Agreement's execution or recordation is not binding on the County or the PF''ITTIONER except to the extent it has been incorporated into this Agreement. ']'his Agreement shall become effective Upon recordation in the public Records ofMonroe County. 19. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall, hind and insure to the benefit of the C',ounty and the PF"'FITIONER and their, respective legal representatives, successors, and, assigns. However, this Agreement shall not be conveyed, assigned, or otherwise transferred from the PE"'ITHOMER All)' such transfer requires County approval, and any SUCh transt'er absent COUnty approval shall immediately render this Agreenient void ab initio; and This Agreement is made in reliance upon information, representations,and docutnents provided by the PETITIONERtS). Ift at sonic later date, Monroe County deterrnines that such itiftirniation, representations, and/or documents contained false or misleading inforinatkm inateriat to the County's consideration and assent to this Agreement,the("ounty reserves the right,in its discretion,to revoke such consideration and assent and to rescind this Agreement and to pursue all remedies at law and equity, for infuries to the County caused by the submission of such false or misleading material information. EXF.C'UTED ON TI I IS —1 3 , day 20 22 5 of 7 4859 rL U ,S&, Or I (Print,Name) Petitioner No. I (Print Name) M _... _._ ____.. -._ ..__ ...__. _ ' u itr ess Ncr, I l S�ugtratrurc) I c�icaracr �6r I (Sigriat;ure) _... _....... ___.._ _......... _ _......____.....__._ .......... Witnc s No. 2 (Print Name) Date (Print) c + � Witness No. ? (Siguaatr11-0 ALIthor ized Officials ( apacit) (Applicable ifEntity P titir.)IIrrI° ["AC °,u.I(in ,'i"hl-OU h F"Intity Owner' Director, Officer, "Faist e, or other Authorized Ofl vial (Print `Fitic of ALIthorirecl ( ap-acityrPosiitic n)) ........._.. No Entity Pefit:IC?ne 's/Non-Fmity" Petitioner's Principal Mailing Address (Print) ._ K L . I,ra�tit , f titwrrracr - Mailing ,,-\cl tress (Print) l°;ratity Petitioner - Registered Agent Name (Print) 3 -a ... _ I.Iatity Petitioner Registered Agent Mailing ��.. Address (Print) Witness No. I (Print Name) I'etilioncr. No . 2 (Print Naraa:) -_ ...................... .........__.... Witness No, I (Si natcluc) Petitioner No. 2 (Signature,) Witness No, ? (Print Name) Data, (Print) Witlacss No. (Sl rarlturc) ti of. 4860 STATE OF COUNTYOF ........... The foregoing instrument, Ageement for I'LU-naround Conso-uction, was acknowledged befbi-c me this f .............. 202-2- by who ,'� m-sona n t(:�) me ern pt°oduced as Iwoof an oalli, and by ............. who is pet-sonally known to me or pi-oduced as and did take an oalh. 0 -int NaITIC & Nota", No. Notary Public (Pi S xi Notary Pu Notary Public (Signature) F FL M O O 7 of,7 4861 Return to- Momot Counly Monroe Counry planning&Environmental Resotaves; 2798 Overseas Ffighway,Suiie 400 Slarathm,FL,13050 Prepared by: -------- R[GlIT-OFAVINV ABA )�, ') 14"'N"Y' kGREE KS(70N 10N jkj �%'Qvlmv r-MENT F!QR 1 AND RELOCATION This Agreement entered into this...........— day of ,210--- h'a PETTIJONER PROPERTY OWNER(hereinafter"PETITIONER"); and WHEREAS,Monroe County C(xie ode") Section 19-1 authorizes, in ecrtain Circ=Stalwes, abandonment ofa County right-of-way; and WHEREAS, Code Section 19-1 far ovi(jes, in relevant part, that-Alo shall& elbandone�l updess there is an agreentent to do,so&all(41, w e, p C/ rotmi-tv owners'." For purposes, of this Section,an affected property owner is the owner of property lubich,if such right ot kya , is abandoll"'j, s1hem,,ill have,conceming sitid right-of-way, currently used accm, climinated; and WHEREAS,Code Section 1-2 defines "propero,,"as,in rat tdin g Wh "real anti per sreread proper(v, which therefore includes anat`f,°a«eted Ow"Ier Of PICITSOMI PrOPCIty (for exarnple, an owner of an existing utility line who does not have a, real property interest (soch as an easement) in tile same); and MiEREAN,the PETITIONER has obtained a oh'tained a utility s"Conditional Letter ot'No 0fajcction"in which said rntrt w states that it has No objection to the abandonment of the 1xirtion,of' p1pi'a Cqj�y/p el, 0" r',"'I Lr-1 conditioned C,� ttVtAw and; WHEREAS, the PEUTIONER hereby covenants w'ith the County,by this duly executed and recorded Agrm,nent, that shall t be he sole of such utilit)tfics responsibility of the PETITIONER and be at sole c�xpensc(micss PEFFFIONER, mid such urility6es)agree to othenvise); and NOW TUEREFORE, for and in misideration offlic sum of TEN kind 00/1flit DoLf-ARS (S I 0,00)�, and as ail irlducernent for tile Cotmty for approval of this Agreement, together with other good and valuable consideration, the adequac, "runt d reecipt of"which arc hereby acknowleAged and watt d to by all parties hereto, the PETITIONER agrAws,and covenams 1z fbilows: I. The foreg rain grecit,alsaretrticaiidcorrcc,,t aiidarcher:cbyincoq)ot-ate(ia,.s if"ftillystatcd),jerelll, and 4862 2. The PETITIONER NER desires,to relocate the t; '' J, a tti;'l,atv(ieta), pursuant to the t:'ode in a.aaaamiphaamacawe with that Monr(:'�e Caaa my Comprehensive Platt, and all other a alalmlittaahlat local, state, and federal laws, at that certain below-described real protierty", Ia rr l lil aat al a 1, Work: Approximate Mile Marker. Real. " t° t mla ar�l I. ,r',, 6 i ,�' �,'" a, „ and All notices-,aaraammaaaaataa„ aalmlaraaa°aml , aaa°aathamr a°aarratataaaaaaaaatiamtmta to that County h ratamtaalatr shall be in writing and shall be deerned properly served if sent by US.a.. Paaa,taal Scsice Catiaa-tmhh al Mail, rattama"mm receipt requested,in the following hhaa"maa and address.- Mortroe County Plaannin & "amvaraaatn'taarataal l a*somat°"aM,amat Attn: Director of Manning 2798 Overseas, Hiox aavaa ^, Suite,4001, Marathon, H. 33050 Any and all construction(s) or iaa, rlar tamtlaara( )of the Monroe County od shaall be deferredin favor of the "ount ry and aaamch construction and iaater r tamtiamma laamll be atmatitlaaal to great weight on trial and onappeal; and 5. RECORDATION, The PETITIONER, h raWlrwr as re at to aaraah aahaall, aaatma^executed by bathe lmaartics„ record this Agreement ent with the Monroe County Clerkof Court and in the Public Records of Monraaat County,and shall solely pal`'any steal tall cement associated with such rr waarahaatiaaaa, tarsal 6 AMENDMENT OR MODIFICATION. No aarnentlra"a a"atlsl or rraaadifiaaamtioa"alsl to this Agreement a ' ram effective unless data Caaamrmty aagr t ,awamrmsentma, and joijus in writing thereto, The undersigned PETITIONER haall record any such a ammuardtmaaaaath, or a a tamalifmamaation(,at)to this , rcerriattmt, and shall treated ipaa any and all cost and mahaamaaaacs aay soci,aata with them a;raralaatiaaat ofaatay°such arnenclinratatland mammaali caatiaatal ;l;and 7 LIMITATION OF LIABILITY.Y. The PETITIONER hereby exl,)ressly waives its rights tea at jury trial and any rights it may Ittive to bring a claim against the County for,personal darnage,or injury r darnage or injury,to property, that is allegedly edl carised 1 y the negligent action or inaction aal"tlmc County or an employee or agent of the County arising fraaaam or caused by the Camaaamty' aaaatho aatiamrmlatl, aa,�,a:tiayit li sl. or inactl VitY ra:l'aautr"al to this algae mm et'it, fine ver h blahs the County taaarrraless from the claim of all persons for action(), iamaactaa.aaal h„aaeta atylia,,q aiaatmaaa aal,sl, expen •t` 1, and loss(es) amccurting on the above-described r(,la all and to amtiratmts)b it (s)the.r in, and the ICE f"I"I IONEl , shall be solely responsible and liable fear and to any and all parfies who engage in or otherwise ise perform work, relating to said arm rtraa tit atauaala mya laalmaaaaamat of the above- described and below-described utility(its)relocaatiamra(aa) aataml the Comity sla,aall in no Nvay Ke aaith er rei upo maaihl or liable for any injury caused by the tools, am"deriaal. , tar equipment ent used by the of ft 4863 PF,-71TIONER. its employees or agents,, or used by the l"ETITION1,.R's Contractor(s), or its le"ployees or agents-, and INDEMNIFICATION. The PETITIONER hereby re to indemInfy and defend the County and its commissioners, officers, employees, and agents, frorn any and all clairns for txldily irmgury, (including death), personal injury, and property darnaLN, ,,(including,property oNvired by or proper ly interest )held by Nlonme County)and an),other losses,damages, and, expenses(including attorney' fees), arising froni any injury or daniage in Qonnection with this,Agreement;and 9 PAYMENT. The PETrIONER is ittid shall be solely responsible tbr all costs ineumed in, the carrying out of such the utility f ics)relocatian(s)prtagjecf(s) constrttetiett�s cvtlopinciit. it,is hcreby understood by the parties fliatthe County shall ineur no cost for or in relation to such project construction/development, It is further hereby understood that there are no third-party betieficiaries to thisAgreenrent,and that rit),Contractor or Sub-Cantractor, Or arly other perstm or entity,shall look to County for paynient related to such project and M COMPLIANCE WITH LAWS,, nje Pf,"I"ITIONER shall cornply with all Articles of' Incorporation, Bylaws, laws,ordinances, anti goveiltraental rules and regulations that apply tc�this Agreement and to its activities on at die ahove-diescribled real properly rhc PETITIONER shall obtain all nece,"ary Permits, appro%,lals. itisplectiotis, an(I aujlj0rizkjti1(,.nS as may be texitfired by such Articles of Incotporation, Bylaws, zind local, static, and federal governments and agencies,; and IL JURISDIC71,0N AND VENUE.This Agreement shall bi,-governeA by and, construed, iii, accordance with the Laws of the State of Florida anti thc United State& Exclusive venue foj�ally dispute arising under this Agreenrent shall tv in die Sixttvgtth Judiciaj Circuit in and liar Monrt),c County, Florida. This Agreement shall not be sub ea tq,,,)arhitrationa If tile cout ty brings all actioll to enforce the provisions,restrictions.or terms containel,herein and prevails in any such action, On 1640 Or VI)l the County shall be entitled to reasonable attorney's fees to be plaid by, the losing party(ics), at figures fixed by the court, as well as the reasonable cost(s)of restoringsiuch lam tcu die natural, vegetativc and Ixydrologic condition existing at flee tfMit of execution and recordation of this Agreement. "Iliese remedies arc in addition to any other remedy, Pane, or penalty which maybe a, plical under Chapter, 162, " 73. and 40.1, Florida Statutes, and any olther p 3 action at law or in equity; and 12. TEWNUNAT ION/REVOCATION OF RIGHT OF WA YABANDONMENT. The. PETITIONER hereby agrces to submit a complete rip ti� cll permit app,lication vArith Monroe COUnty am Within one hUndrril eighty(1 glppdiiys(,)if'tilcetl,'c,,ctiveslat of the County's approval of'th e corresponding petition for jjgjjt-ot-\%jtyUb and u , t. if flee PETITIONER tails tea sea ril such urility(jes)it,accard'ance with tile 'Utility,permits,and Monroe County ri,ght-of-way pertnit(s), or, Nits to conil constructior,nf sltich utility(iles),within said dint-tratne, said pivviously abandoried right-of-way shall immediately revert back to the County, Nothing contained herein shall be construed to prohibit, firnit,or otherwise restrict the COUJUV's audwrity o, terminate this Agrectrient, a d'uly approved right-of-waym abandons pe,'fitilon, arigbl-of-w,ay pernlit,or,any OthcT Permit(s), approval(s), or insixCtion(s)corresponding to t1tis Agretnlellt OT'itS corre:Nnding right-of-way abandortruent pe-tition,pursean, to applicable provisiows(Xilic Monroe County Code and/or the pernilit(s) applied tear or issueA pursuant to this Agreement; and ,3 of 8 4864 13.ENFO�RCEMENT'. In the event of any breach or violation of the restrictions or terms contained herein, the County shall,without liability to the County,have the right to unilaterally and without notice terminate this Agreement, and to proceed at law or,in equity as may be necessary to enforce compliance with the restrictions or terms hereof, and to otherwise prevent the breach or violation of any of them,to collect damages,and may enforce this Agreement by emergency,preliminary, and permanent injunction, including ex parte action and motion for such injunction(s), it being agreed that the County would have no adequate remedy at law,or such other,legal method as the County deems appropriate. Uncured breach,of violation of this Agreement by the PETITIONER shall, without any additional notice beyond this Agreement's recordation,entitle the County to immediately suspend and/or rescind,without liability to the County,development applications and pending OT issued permits, approvals, or inspections relating to this Agreement, except for those permits, approvals,or inspections necessary to cure such breach or violation. The PETITIONER hereby agrees to and shall pay for all costs associated with the County's enforcement action(s), Stich County enforcement shall be at the County's disc�retion. Failure of the PETITIONER to comply with or perform any act required by or under this Agreement shall not impair the validity of this Agreement, and County delay or failure to enforce, however long continued, shall not be deemed a waiver or estoppel of the right to do so thereafter as to any such violation or breach; and 14,AUTHORIZED SIGNATORY. The signatory for the PETITIONER, below,certi'fies and warrants that: (a) The PETITIONER's name as set forth in this Agreement is its full and correct legal name(if an entity,as designated in its corporate charter and as formally registered with the State). (b) The individual executing this Agreement is duly authorized to so act and execute such Agreement on behalf of the PETITIONER. (c) As applicable, this Agreement has been duly approved by the PETITIONER's Board of Directors and/or members, consistent with and compliant with the PETITIONER's Articles of Incorporation, Bylaws, and all local, state,and federal law(s),. (d) Furthermore, as applicable, the PETITIONER shall, upon execution of this Agreermnt, provide copies a list of its current Board of Directors and/or managers, a properly executed and notarized corporate resolution approving this Agreement, a copy of its current Articles of Incorporation, and, if PETITIONER has or is otherwise subject to Bylaws, a copy of such current Bylaws, 15, SEVERABILM. If any condition, provision, reservation, restriction, right, or term of this Agreement is held to be invalid or unenforecable by any court of competent jurisdiction, the invalidity or unenforceability of such condition, provision, reservation, restriction, right, or term shall neither limit nor impair the operation, enforceability,, or validity of any other condition, provision, reservation, restriction, right, or term thereof All such other conditions, provisions, reservations,restrictions,rights,and terms shall continue unimpaired in full force and effect; and 16. PARAGRAPH HEADINGS. Paragraph headings, where used herein, are inserted for convenience only and are not intended to descriptively limit, the scope and intent of the particular paragraph to which they refer; and 4 of 8 4865 17, EFFEcriVE DATE. This Agrocniery consfitutes the entire Agmenient andany representation (it' understanding of any kind preceding the date offfius Agreement's execution cor recordatical is nol binding on the County or the PETITIONER except to the extent it has been incorporated into this Agreement. "niis Agreernent shall becotrie eft` ctivc upon recordation M the Public Records cof Nfimroe County, and 18. BINDING EFFEC"I'. The kxms. covcnants, conditions, an(i provisions of this Agreement sliafl bind and inure to the henefit of the ("0 Lill(�' and the PETITIONER and theii- respective legal fepreSentalives. successors, and assigns, However, this Agreenvent shall not be con eycd, assigned, or otherwise transf�rred ftoiri time PF1,1110NER, Any such trawfer requirtts County, approva],, and any SUCh trdfllif�r abs"ent Counly approval shall inn-riediately render this Agreernew void ab ini'tio; wid This Agreernent its nrade inn r-thance upon infortfla(ion, r,epresentations, and documents provided by the PETITIONER(S). Jr,at soine duster date,Monroe("ounty determines that such infor,inatfun,represeut2flons,arid;ror, docutroents contained false or,misleading inif0juation material to the County's cunsidei°afioa and assent to this Agreetnent,the County resierves the right,in its(liscr-edon,to revoke such consideration and ass rit and to,rescind rhisAgreejuent and to piut,sue all i�enkedies at lavw and equity,for injur-ins to the County catised by the subtaission of such false or rnistesding material inforruation. EXE(111TED ON '171-11S, A dav of 200 W11 N ESS ES PETTF ION EIR(S)i ....... Witm—sNo, (Print Name) Poltioner No I (Print Narti,c) W, tness No. 'I A,N , Petitioner No, I (Siplatui piature) 0 Witness No. 2 (Prin Date(Print) VvIi Authorized Official Capacity(Applicahle if fr,tntmA Petitioner 1"xecutingThrough 1,wity Ownicr's (,Director, Officer, Trustee, or other Authorized Official (Print Title o(Authorized Capacity/Position)) Non-Eatity Petitioner's Priricipal Mailing,Address (Print) Entity Petitionior- Mailing Address(Print), 1"ntity Petitioner - Registered Agent Name(Print) 4866 Emity Pethma - Registered Agent 1%4,,,,6)in,gAdchvss (Prink W i tne, NNO.'I I Pri at Name) pcii�i er No, 2 (Print Name) mum Petitioner No, 2 ........ Witness 1 2 (Pi i it Date( rant) STATF,', OF COUNim,OF mo ruff....- The fi.,)regoing instrument, Rigjit-of-Way Abandonment in gre rasa ant It- (.,;fit hNes Cuistruchm) and Relocation. was acknowledged beRne nit c dis day,of by 20 a elfilYR LUD)Ise as proof-ofidentification and (lidtakc an oath, and by S' afflu Wo is pemortaNy known to me or prmhwcd s )rtmW of WemMcmion and Ed take an Mi. t�tk'4 CANDICF 13, 1ROWN Notary Public(Print Name & Nofar,), No.) EQW Notary Public Seal Notary Public(Signature) 648 4867 Name 2j:U :i ACCEPTANCE OF RIGHT-01TAVAY ABANDON INIENT AGREEMENT FOR UTILITIES, C0NS'I'RLJ('I'n0N AN'D RELOCATION In Wit r ' i r"eof the a1ccepts tartsRight-of-Way Abandonnill,m.,ji Agreement "or Utilities Con to-tictio�n and Relocation and executcs this instru lent (in the d t; yet forth below. For cutilit),,name): girt Witness Tint Name) Signing,Auuthortt of l.jta uty 01ii t utme) e Signature) e) o Second Witliess(Print Name!) Date(Print) uu Witness( igu tuur ) State of Florida ount µof'Monroe More ruuur, the Luideisigned authority, personally auk peare i " his u personally ruurur ur to me, a 1' _.. I t w µ""�.. � . as identification, t,uu produced "u a _.. . wou'F"k and ibscritxA to me this Is day of ` _ 20 2" *14 otarry Numb r (print) uutr � irtr�e aura Seal COWAMM N HH Mtn Wz RED;FeWwy t , 4868 AFFIDAVITOF SAMUEL S'TOIA LILTORL, IVIL', the undersigned authority appeared Saimiel Stoia, who, being tirSt dLIIY swom., swears and afflirms the flollowing is true and correct: I My nalne is Sanwel Stoia. and I am over the age of*eighteen (18) yeairs old and I have personal kII0NA]CdgC Ol'thC Cacts in this At'lidavit. 2. 1 have personal knowledge of the historical operation, configuration, and use of the properties located at 97601 Overseas Highway ("Key Marina Property"), and F', 81 Second Street.and L 36 Second Street (collectively the"My Family 'l"I'LlSt PI'Of)ertV­)„ Key Large, Florida 33037, I This knowledge is based on tray ownership of'the My Farni ly J rust Property fi-OTTI 1996 to present day. This knowledge is also based oil 111)/ PLII-ChaSC and operation ofthe Key Marina Property fi-orn January 2023 to present day. -viced 6� To racyknowledge,the Key, Marina Property and the M�ly Fainfly 1"rust Property are sei by Florida Keys AquedUCt. Authority ("TKAA 7. 1 have applied to the Monroe C'ounty Planning and Enviroraliental ReSOUrces Department to havc a portion of'F Second Street, Key L,,argo, Florida,and as portion ol"East First Street. Key Largo, Florida re-abandoned pursuant to the procedures contained in the Monroe County ("ode. I have agreed to pay fior the relocation ot'any FKAA water mains and water meters (collectively -utilities") that are located within the area reqUeSted. for al'.)andonment at my expense, 8 To my kno\vledge, the FKAA ut�ilities only, service the Key Marina Properly and My FaIllily TIIISt PrOpeI13�, amd file relocation of the Utilities will not affect any other, existing FKAA consumers. FUR'niER AFFIANT SAYET11 NALIC31T. �Signaturc page to Followl 00277545­4 Page I cal:`2, 4869 AF'Fll")AVI']"' 01-,' SAMLJI�71,, STOIA Page 2 of`2 Dated ern this clay ofMay, 2023. ........... slamuel Stoia STATE OF FLORIDA COUNTY OF MONROE The foregoing Instrument was ack now I edged before me by rneans of' t�l physical presence OR El (.)nline notarizatic)n, this day of May, 2023 by Sainuel Stoia 0 who is personally known to me OR El has produced as identification. SignatUre of Notary PUblic, State of"l,lorida INGIARY SEAL] Maine of Notary [Typed, Prrinted, or Stampedl 00277545-vl 4870 Return for Monroe County Monroe County planning&Environmental 1 esc?wr s 2798 Overseas Highway,ferrate 400 Marathon,IT,33050 Prepared b:y-. ____-_.,__ -,_-___--,- _---- ,------- Space Above This lane For Recording----------------------------- R19!JJ:-QL-WAY ABANDONMENTAGREEMENT FOR U T ,1 N CONSTRUCTION AND RELOCATION This Agreement entered into this �. day of 0—_, by PETITIONER PROPERTY WfwlER(hereinaf er"PETITIONER"); and. WHEREAS, Monroe County Code ("Code")de") Section 1' -1 authorizes,in certain circunistances, abandonment of County right-of-way; and WHEREAS,EREAS, :.ode Section l p-1 provides,in relevant part, that " lrr right-qf-wqy shall be abandoned unless there is an agreement to der.wry by all affivedprolmrry owners," For purposes of this Section, an affected property owner is the owner of"property which, if such right-of-way is abandoned, s/he will have, concerning said right-of wway, currently used access eliminated; and. WHEREAS,Code Section 1...2 defines "property" as including Nrth "real andpersonal properly, which therefore includes an affected owner ofpersonal property(for example, an owner of an existing utility line who does not have a real property interest(such as an easernent) in the same) and WHEREAS, the PETITIONER has obtained a obtained a utility"s "Conditional Letter of No Objection" in which said entity. states that it has "No objection to the abandonment of the portion of w f . --conditioned oil,........1 r l r. :. .......,.. .� i' .. if. .._�t"l.� rv. � .._u` and; WHEREAS, the:PIE"Ti 'TONER hereby covenants with the County, by this duly executed and recorded Agreement, that M_.. AJP=L�D Q ,... �of'such utility(ies) shall be the sole responsibility of the PETYFI ►NER and be at I'p.,"1"l"1`IC1NER'"s sole expense(unless PL,"I TION R. and such utility(ies) agree to otherwise); and NOW 'TTIER li"t' RR, for and in consideration of'the sure off'TEN and 00/1 011 DOLLAR. ( 10.00), and as an inducement for the County for approval of this Agreement, together with other goad and valuable consideration, the adequacy and receipt of wwhiach are lieTeby acknowledged and attest ;l to by all parties hereto, the PETITIONER agrees and covenants as follows: 1. The foregoing recitals are trtic and correct avid are hereby mco ranted, as if fully stated herein; and 4871 1 The PETITIONER desires to relocate the: V LA A utili.ty(ies),pursuant to the Code,in compliance with the Monroe County Comprehensive Plan, and all other applicable local, state, and federal laws, at that certain beloww-desenibed real property: Parcel(s)/Lot(s): 3 LJ to,1'a— fflock: Subdivision: fflanda J Key: , keu Plat Book: Page:lu J V Approximate Mile Marker. Real Estate Tarr ber(s): and 0055 4 ZO 1 All notices, consents,approvals,or other communications to the Countyliereunder shall be in writing and shall be deemed Properly served if sent by U.S. Postal Service Certified Mail,return receipt requested, in the following form and address: Monroe County Planning &Environmental Resources Attn: Director of Planning 2798 Overseas Highway, Suite 400, Marathon, 17L 33050 4. Any and all construction(s) or interpretation(s) of the Monroe County Code shall be deferred in favor of the County and such construction and interpretation shall be entitled to, great weight on trial and on appeal; and 5. RECORDATION. The PETITIONER hereby agrees to and shall, once executed by both parties, record this Agreernent with the Monroe County Clerk of Court and in the Public Records of Monroe County, and shall solely pay any and all costs associated with such recordation,and & AMENDMENT OR MODIFICATION, No arriendment(s) or modification(s) to this Agreenient is/are eftective unless the County agrees,, consents,and joints in writing thereto. The undersigned PETITIONER shall record any such arnendment(s) or modification(s)to this Agreement, and shall solely Pay any and all costs and expenses associated with the recordation of any such arnendment(s) and modificabon(s); and 7" ,IMITATION OF LIABULITY, The PETITIONER hereby expressly waives its rights to a jury trial and any rights it inay have to bring a claun against the County for personal,damage or injury, or daniage or injury to property, that is allegedly caused by tire negligent action or inaction of the County or an employee or agent of the County arising frorn or caused by the Caunty's authorization(s), activity(ic,$), or,inactivity related to this Agreement, halher holds the County barniless from the claims ofall persons f6r action(s), inaction(s), activity(ies),damage(s), expense(s), and Joss(es)occurring on the above-deseribed property and location(s)/site�,$)therein, and the pl-;'Trrj0NER shall be solely'responsible and liable for and to any and all parties who engage in or oche vise perform work, relating to said construction/dcNrclopment of the above- described and below-desefibed utility(ics) relocation(s), and flic County shall in no way be either responsible or liable for any injury caused by the tools, materials, or equipin(Ill LIScA by the 2 of 8 4872 PETITIONER, its employees or agents, or used by the PETITIONER's Contractor(s), or its employees or agents; and & INDEMNIFICATION, The PETUIGNER hereby agrees to indeninify and defend the County and its commissioners,officers, employees, and agents, from any and all claims for bodily injury (including death), personal injury, and property damage(including property owned by or property interest(s) held by Monroe County) and any other losses, damages, and expenses (including attorney's fecs), arising from any injury or damage in connection with this Agreement; and 9. PAYMENT, The PETITIONER is and shall be solely responsible for all costs incurred in the carrying out of'such the utility(Jes)relocation(s)projects) construction/development. It is hereby understood by the parties that the County shall incur no cost for or in relation to such project constructiun/development, It is further hereby understood that there are no third-party beneficiaries to this Agreement, and that no Contractor,or Sub-Contractor, or any other person or entity, shall look to County for payment related to such project construction/development; and 10.COMPLIANCE WITH LAWS, The PETITIONER shall comply vrith all Articles of Incorporation, Bylaws, laws, ordinances, and governmental rules and regulations that apply to this AgTeernent and to its activities,on at the above-described real property location(s)/site(s), The PETITIONER shall obtain all necessary pennits, approvals, inspections, and authorizations as may be required by such Articles of Incorporation, Bylaws, and local, state, and federal goverruneriLs,and agencies; and I I JURISDICTION AND VENILIE, This Agreement shall be governed by and construed in accordance with the Laws ofthe State of Florida and the United States. Exclusive venue for any dispute arising under this Agreement shall be in the Sixteenth Judicial Circuit in and for Monroe County, Florida, This Agreement shall not be subject to arbitration. If the County brings an action to enforce the provisions, restrictions, or terms contained herein and prevails in any such action, on trial or appeal, the County shall be entitled, to reasonable attorney's fees to be paid by the losing party(ies), at figures fixed by the court, as well as the reasonable cost(s) of restoring such land to the natural vegetative and hydrologic condition existing at the thne of execution and. recordation of this Agreement. These rernedies are:in addition to any other remedy, fine, or penalty which may be,applicable under Chapter 162, 373, and 403, Florida Statutes, and any other action at law or in equity; and 11 TERMINATION/REVOCATION F RIGHT OF WAYABANDONMENT. The PETITIONER hereby agrees to submit a complete right of way permit application with Monroe County and. ,E,-kAk- -------within one hundred eighty(180)days of the effective date of the County's approval of the corresponding petition for right-of-way abandonment, If the PETITIONER fails to so relo:eate such utility(ics) in accordance with the Utility perrint(s)and Monroe County right-of-way pen-nit(s), or flails to completed construction of such utility(ies) within said firne-Irame, said previously abandoned right-of-way shall iinmediately revert back to the County, Notbing contained herein shall be construed to prohibit, limit, or otherwise:restrict the County's authority to terminate this Agreement, a duty approved right-of-way abandorunent petition, a right-of-way permit, or any other permit(s), approval(s), or inspection(s) corresponding to,this Agreement or its corresponding right-ofmayabandoninent petition, pursuant to applicable provisions of the Monroe County Code and/or the permit(s) applied for or issued pursuant to this Agreenient; and 3 of 8 4873 13.ENFORCEMENT. In the event of any breach or violation of the restrictions or ten-us contained herein, the County shall,without liability to the County,have the right to unilaterally and without notice terrninate this AgTeenient, and to proceed at law or in equity as may be necessary to enforce compliance with the restrictions or terms hereof, and to otherwise prevent the breach or violation of any of them, to collect damages, and may enf6rce this, Agreement by,eraser envy,preliminary, and permanent injunction, including ex, parte action and motion for,such injunction(s),it being agreed that the County would have no adequate:remedy at law,or such other legal method as the County deems appropriate. Uncured breach of violation of this Agreement by the PFI'ITIONER shall, without any additional notice beyond this Agreement's recordation, entitle the County to immediately suspend an&or rescind, without liability to the County, development applications and pending or issued permits, approvals, or inspections relating to this Agreement, except for those! pennits, approvals,or inspections necessary to cure such breach or violation. The PETITIONER hereby agrees to,and shall pay for all costs associated with the County's enforcement acdon(s), Such County enforcernent shall be, at the County's discretion, Failure of the PETITIONER to comply with or perform any act required by or under this Agreement shall not impair the validity of this Agreement, and County delay or failure to enforce, however long continued, shall not be deerned a waiver or estoppel of the right to do so thereafter as to any such violation or breach; and 14.AUTHORIZED SIC.NATORY. Ilie signatory for the PETITIONER,below, certifies and warrants that: (a) The PETITIONER's name as set forth in this: Agreernent is its full and correct legal narne (if an entity, as designated in its corporate charter and as formally registered with the State),, (b) The individual executing this Agreement is duly authorized to so act and execute such Agreement on behalf of the PETITIONER. As applicable, this Agreement has been duly approved by the PETITIONER's 'Board of Directors and/or members, consistent with, and compliant witi, the PE'ril"TONER's Articles of Incorporation, Bylaws, and all local, state, and federal law(s),. (d) Futtherniore, as applicable, the PETITIONER shall, upon execution of this Agreement, provide copies a list of its current Board of Directors and/or managers, a properly executed and notarized corporate resolution approving this Agreement, a copy of'its current Articles of Incort)oration, and, if PETITIONER has or is otherwise subJect to Bylaws, a copy of such current Bylaws. 15. SEVERABILITY, If any condition, provision, reservation, restriction, right, or temp of this Agreernent is held to be invalid or unenforceable by any court of competent jurisdiction, the invalidity or unenforceability of such condition, provision, reservation, restriction, right, or term shall neither limit nor impair the operation, enforceability, or validity of any other condition, provision, reservation, restriction, Tight, or term thereof All such other, conditions, provision,% reservations,restrictions, rights,, and terms shall continue unimpaired in full force and effect; and 16. PARA GAGA P14 HEADINGS. Paragraph headings, where used herein, are inserted for conve,nience oaly and are not intended to descriptively limit the scope and intent ofthe particular paragraph to which they refer; and 4of8 4874 17. EFFECTIVE DATE, Thin Agrocinent conWtwes the entire Agreernent and any representation or understanding ofany kind preceding the: datc ofthis Agreement's execution or recordation is not binding on tho County or (hc PE ITTIONER except to the extent it hats been incorporated into this Agreemc,ni, 'I'lik, Agrcenicm, shall bcconic ctfiecfive upon recordation in the Public Records of Monroe County; and l& BINDING EFFECT. Tliv tQnns', (;ovQnants, conditions, and provisions of this Agreement, shall hind and inure to the bctiictit apt`the County and the PETITIONER and thcit, respwivie legal rprestnitatives, successors, and assigns. However, this Agreentent shall not be conveyed, assigned, or othcrwi�ic tran!,Jr rrcd firorn the ICE TITIONLR. Any such transfer requires County approval, and tiny such transfu abscift County approval shall irrimccliatcly rcndcr this Agreement void a0 initio; and I his Aareement is made in reliance uroin infi)rimation,representations,and doetnuouts;provided by the VEITITIONER(S), it,at Some Ister date,k1ruirne C ovinty deternuives t1mt SUCh itit0rutAlibu,representatio"s,and/or dotontents contained foilse or misleading information materhil to 1k,lCounty's consideration and assent to this Agreement,the County resetwes the right,ill its dowre(ion,to rev()kesucir consideration and assent and to rescind this Agreement and to pursue all rcluctliev at,law and equity,for injuries to the(:ounty caused by tht submission of so0i falser or misleading materiat Information. LXLC UTFD ON THIS day of 2op WITNESSES PETITION CV, wittic J,,titio ner No. I (Print Name) No. I (Print Name) Witness Nio, I (Signature) F"efitionef No, I (Signature), 00nd NXitness No. 2(Print Name) Date (Print) Witness No, 2 (Signature) Autfunized Official Capacity (Applicable if Entity Petitioner Execittfing r I'lirough Entity Owner's Director, Officer, Trustee, or other Authorized Official(Print 'Fitle ol'Authorized Capacity/Position)) Non-e-'ritity Petitioner's/Non-Entity Petitioner's Principal Mailing Address (Print) J,,ntity Petitioner- 'jailing,Address(Print) 1-Intity Petitioner - Registered Agent Name (FIrint) 5 of'8 4875 Entity Petitioner- Registered Agent Mailing Address (Print) Witness N 0. 1 (Print Name) Pd-itioner No. 2 (Print Name) -­­111----------- ...........­­­................­­'.­­­­'--........ Witntss No, I (Signature) Petitioner No (Signature) Witness No. 2 (Print Narne) Date(Print) Witness No. 2 (Signature) STATE OF COUNTY OF Ili e foregoing instrument, Right-of-Way Abandonment Agreement for Utilities Construction and Reloeation, was acknowledged before ine this _day 0f.Irrrrrrr­r­'_'__, 20—__, by .........---­......­--, who is personally kno wn tom e or produced ........................ as proof of identification and did take an oath, and by who is persotially known'to me or produced ... . . ...................... as proof of identification and did take an oath. Notary Public (Print Narne& Notary No.) Notary Public Seal Notary Public (Signature) 6 of 8 4876 Nigmig of Utility ACCEPTANCE OF RIGHT-OF-WAY ABANDONMENT AGREEMENT FOR UTILITIES CONSTRUCTION AND RELOCATION a le lei,ght-of- a Wy Abandomnent In Witness Whereof, cc pts this ------------------ ... �/ Agreement for Utilities Construction an�'d IWt6location and executes this instrument on the date set forth bielow. For._.,/-,-�C, 4 --.-Jutilitynarne): .................... Ile ............. Fi t� itness (P t Name) Sigm, Of Zuth ty Utility rmt N e irst,�Vitrfess ignatur /Sibming)itho t f Utility Signatu t. 7� c ............. Second Wid rint N Date (Print) A-A ILL— Second Wi s(Signature)t,51 Approved as to Forni and Lc gal Suffialicrtry by! CI onwe County AtIoril Office State of Florida County, of Monroe authorit , per,sonally appeared y who is O�s o n all y k no wroto me, or has produced as identification. Sworn mid subscribed to me this day eel` Notary Name a al Number (Print) Notary Sigoat-ture p g 8 of 8 4877 Return n tan Monroe t»""aawanty Monroe "ea nqa laatuatnga&Environmental tteaasfmimv 2798 Overseas ttr tnwa "Smite 400 Marathon,FL, 11050 Prepared'by.- w_ .. ----------- -- m Above this Line For Recording, 1 i� a lg a, a µ � jun ""° c 17 I"ln.i , reernnernt eanteretl iattan dais _ .,._ ulaa r w,rf .............. �tlw. .,. )t . PEFITIONER PROPERTY OWN ER(hereirlafter"PETITIONER");NER"); and WHEREAS, Munroe County (','ode("Code"') Section l *1 authorizes,, as certain circuara;rlrwnces abandonment of County right-of-way; and ° r"ll REA , Code Section 19 1 pivvlales, in relevant lntrrt, that "No �a aar,l'l be abandoned icicles there is an agreement to ado so bra,all aiffinetaaa properta"aatvneo,v° J°zor°latirinaa t""s unf°tlal a Section, an affected property owner is,the owner af'property Which, ifsitrela right-of-way aa, is abandoned, s/he will have, concerning said right-of-way,e,;triTe ntly used access, a rllrtaiinrateal; arid WHEREAS, Code Seetiern 1-2 defines"pr pen,�",as including Wilt "rai l aan deer°saraa l propea° ,which tlneretiare includes an affected antnrrrner of personal 1nr°tatvxt (for emunple,,arr°n o ,Maier anln an existing utility line who does nntnt 1a,aa:vua as real property lanter°a t(such as an eaaaetriernt) inn the same); and WHEREAS, the PETITIONER TONER has obtained a obtained a utalit 's"Conndi�ta rn ,l 'Lettea,of'Nan Objection"' in which said ernttt ._M t , staties that it has"No,objection to the a e l arti nn ark" � 1' � � , Gig° abandonment an 1t o� � ��. q. E .ova a rner,1 �t .1�.1 t t an .._.. , and; " HERE ,tine.Pl«TIT OVER hereby eaaveraaaants with, tlaaa County, by this duly executed and recorded Agreeanaeaat, t itof such, ut'»ilit ies shall e the sole ra;"sfna:nsibilit, of the PETITIONER al e atl '1.�"1"1"1"1't RER's sole expense (twiles P "l U IONE and such rutnlit ies agree to otherwise); and NOW THEREFORE, four and in consideration ofthe suom, of TEN and 0000 DOLLARS (S l OM), and as an inducement for the County flan°approval art°this, grecannernt, together tvltla Other good and valuable eonsideraatiaarn,the admIlitiacy and receipt of mficli are hereby acknowledged and attested taa by all parties hereto, the Pl ITI"l 11 ER,aagre s and cur enntaanitna ai follows, 1. m1 be foregaairng rearltaal are true and e+rat"n"eet aranal rare In r ka inrea.ar tnr aaterl fis if t`tall tartenl herein and 4878 2. The PETITIONER desires, to relocate the utility(ies), pursuant to the Code, in compliance with the Monroe County Comprehensive Plan, and all other applicable local,state, and federal laws,at that certain bclow-described real property-, Parcel(s)/Lot(s): I-a A !I J Block: I Subdivision: —03acdIal"aly Key. LL3. �000 Plot Book: I Page: AW Approximate Mile Marker: Real Estate Number(s): MffN-U2Q -0bQ&,, and 3, All notices,consents, approvals,or other comMunications to the County hereunder shall be in writing and shall be deemed properly served if sent by U,S,, Postal Service Certified Mail, return receipt requested,in the following form and address: Monroe County Planning&Environmental Resources Attn: Director of Planning 2798 Overseas Highway, Suite 400, Marathon, FL 33050 4. Any and all construction(s)or interpretation(s)of the County Code shall be d f in Monroe e erred favor of the County and such construction and interpretation shall be entitled to at weight on trial and on appeal; and 5. RECORDATION. The PETITIONER hereby agrees to and shall, once executed by both parties, record this Agreement with the Monroe County Cleric of Court and in the Public Records of Monroe County, and shall solely pay any and all costs associated with such recordation; and & AMENDMENT OR MODIFICATION. No amendment(s) or modification(s) to this Agreement i s/are effective unless the County agmes,consents, and joints in writing thereto. The undersigned PETITIONER shall record any such amendment(s)or modification(s)to this Agreement, and shall solely pay any and all costs and expenses associated with the recordation of any such amendments)and m"fication(s); and '7- LIM][TATION OF LIABILITY, The PETITIONER hereby expressly waives its rights to a jury rs ' trial and any rights it may have to bring a claim against the County for personal damage or injury, jury, or damage or injury to property, that is allegedly caused by the negligent action or inaction of the County or an employee or agent of the County arising from or caused by the County's authorization(s), activily0es),or inactivity related to this Agreement, further holds the County harmless from the claims of all persons,for action(s), inaction(s), activity(ics),damage(s), expense(s), and loss(es) occurring,on the above-described property and Iocation(s)/site(s)therein, and the PETITIONER shall be solely responsible and liable for and to any and all parties who engage in or otherwise perform work relating to said construction/development of the above- described and below-described utility(ies)relocation(s),and the County shall in no way be either responsible or,liable for any injury caused by the tools, materials, or equipment used by the 2 of 8 4879 PETITIONER, its eniployees or agents,or used by the PE"n'riONEK's Contractor ), or its erripfloyees or agents; and 8. INDEMNIFICATION, The PE l"ITIONER, hereby qToes to indemnify and defbnd the County ,and its conunis slower s,officers,employees,and agents, froni any and all clairnsfor Wdtly injury (including death),personal irrpw-y, and property chin c(including propeily, owned by or prop*jI.y interest(s)field by M,Dnroe County)and any other losses, darnages, and "innses (inicluding attorney' fcvs),and sing;frog tuiy inJury or dwnagc in connectiari with this Agreenteril; and 9 PAYMENT, ne PETITIONER is and shall be solely responsible for all costs incurred intfic carrying out of suelt the utilityl(ics)relocation(s),project(s) It is hereby U111derstood b, the parties that the Count, s all incur no cost lbr or in relation to such, project y y It corn struction/develt, nent, It is: furthcrhereb understood that there are rio third-party y beneficiaties, to this Agreement, and that no Contractor or Sub-Contruictor, or any other person or eatity, shall Ilook to County for payment related to such project c,oi!istn,ictioii,,/(Icvcloprnent; ,n,n(I 10.WMPLIANCE WITH LAWS, The PETITIONER shall corriply,wid, all Articles of hiccirporation, Bylaws, laws,ordintuices, and govertirnental rules and regulations that iipply to this Agreetnent,and to its activities on at the above-timscribial real property locafion(s)lsire(s), The PETITIONER sball obtain all nmessary permits, approvals, inspections, and authorizations as inay be required by such Articks of Incorporation, Bylaws, and towl, slate, and federal governments and agencies; wid I I JURISDICTION AND VENUE. 'This Agreement shall be governed by and construed in accordance with the U,ws of(fie State of Florida arid the it States, ExclusiNe venuc for any dispute arising under this Agrmregret shall arc in the Sixtcerith Judicial Circuit iri and for Monnae C,ounty, Florida, This Agrectnent shall not N:,subJKt to arbitration, If lbe County bsings are action to enibree the provisi I ons,rcstrictions, or terins contained Iterein and prevails in arty,such actjcan, on trial or, appeal,the County stiall he eIntifled to reasonable altomey's f to he paid by the, losing party(le s), at figures fixed by the court, as well as 0're reasonable cost(s)of restoring such land to the natural vc9etative and hydrologic condition existing ut the firne of execution all(i recordation oath Agrftunent,lbesic retnedics" are in,i0dition to tury other reniedy, fine, or Imnally which may be applicable undcr Chapter 162, 373, wid 403,Florida Statutes, and any otiler action at, law, or in equity; mid 11:2. TERMINATION/REVOCATION OF RIGHT OF WAY ABANDON MENT,, 'The PE'TrnONER hereby agrees to subinit a complete glru waet application with,M'onwc ourtty anid within one huned eighty(180)da)i of the effecti ve date of the County's approval of the corrosponding petition, for riy)it-of-way abandioninent, Ifthe nin-IONE.R fAils to so relmate such utifity(ies)in accordance milith the pennit(s)aDd Monroe County right-of-way peroxide),or fafls to eornpleted construction of'such ut�jlity(ies)Within %aiid trait-fiame, saild previously abandoned rigio-of-way shall inimeAkitely revert back to the County, Nothing contained herein shA be mristrued to Prohibit, lintit, or othw-wise res-thet the County Is authority to terminate this ,A,greemen,t, as duly approved right-of-way abandonment petition, a right-of-way pennit, or any other perrnft(s), approval(s),or ilia paalone(s)corres riding to this Agiveinent or con its esix),nding 'PO right-or-assay ibantioninent petition, pursuant to alq,)ficable provisions(.0 the Monroe County("ode and/or the pennit(s)applied for orissued pursuant to thisAgmement, and 3 of 8 4880 13.ENFORCEMENT, In the:event of any breach or violation of the restrictions or terms contained herein, the County shall, without liability to the County,have the right to unilaterally and without notice terminate this Agreement, and to proceed at law or in equity as may be necessary to enforce compliance with the restrictions or tennis hereof, and to otherwise prevent the breach or violation of any of them, to collect damages, and may enforce this Agreement by emergency, preliminary, and permanent injunction:, including ex plarte action and motion for such injunction(s), it being agreed that the County would have no adequate remedy at law, or such other legal method,as the County deems appropriate. Uncured breach of violation of this Agreement by the PETITIONER shall, without any additional notice, beyond this Agreement's recordation, entitle the County to immediately suspend and rescind, without liability to the County, development applications and pending or issued permits, approvals, or inspections relating to this Agreement,except for those permits, approvals,or inspections necessary to cure such breach or violation.The: PETITIONER hereby agrees to and shall pay fbr all costs associated with the County's enforcement action(s). Such County enforcement shall be at the County's discretion. Failure of the PETITIONER to comply with or perform any act required by or under this Agreement shall not impair the validity of this Agreement, and County delay or failure to enforce, however long continued, shall not be deemed a waiver or estoppel of the right to do so thereafter as to any such violation or breach; and 14,AUTHORIZED SIGNATORY, The signatory for the PETITIONER, below, certifies and warrants that: (a) The PETITIONER's name as set forth in this,Agreement is its fiulll and correct legal name (if an entity, as designated in its corporate charter and as formally registered with the State), (b) The individual executing this Agreement is duty authorized to so act and execute such Agreement on'behalfofthe PETITIONER. (c) As applicable, this Agreement has been duty approved by the PETITIONER's Board of Directors and/or members, consistent with and compliant with the PETITIONER's Articles of Incorporation, Bylaws, and all local,state, and federal law(s),, (d) Furthermore, as applicable, the PETITIONER shall,, upon execution of this Agreement, provide copies a list of its current Board of Directors and/or managers, a property executed and notarized corporate resolution approving this Agrecment,, a copy of its current Articles of Incorporation, and, if PETITIONER has or is otherwise subject to Bylaws, a copy of such current Bylaws. 15, SEVERABILITY, If any condition, provision, reservation, restriction, right, or terra of this Agreement is held to be invalid or unenforceable by any court of competent jurisdiction, the invalidity or unenforceability of such condition, provisi.ion, reservation, restriction, right, or term shall neither limit nor impair the operation, enforceability, or validity of any other condition, provision, reservation, restriction, tight, or term thereof All such other conditions, provisions,, reservations, restrictions, rights, and tennis shall continue u pair d in fu force d effect:- d nim c 11 an e ct, an 16. PARAGRAPH HEADINGS. Paragraph headings, where used herein, are inserted for convenience only and are not intended to descriptively limit the scope and intent of the particular paragraph to which they refer; and, 4 of 8 4881 17. EFFECTIVE DATE, This Abrreerrent constitutes the entireA gYeetnent and any representation or i,niderstanding of any kind preceding the date of this Agreement's execution or recordation is not binding on the County or the PE'lTriONEiR except to the extent it has been inco,rPo rated intom this Agreemern, 'J"his Agreement shall become effective U11(m) recordation in the Public Records of' 'Monroc County; and 18, BINDING EFFECT. The tenets, covenants, conditions, arid provisions of this Agreetment shall bind and inure to the benefit of the County and the PET11 I IONER and their respective legal representatives, successors, and assigns. How,ever, this Ajreernerrt shall not be conveyed, assigned, or otherwise transferred fi-om the PETITIONER, Any such transfer requires County approval, and any such transfer absent County approval shall irnmediately render this Agreement t,oid ab initio; and This Agreemetit is made In refiance UP0111 information,r elan iewntations,and docununits provided by tine PETITIONER(S),If,at sonte later date,Mimr(w CountY deter es min that such filformation,re pre n$,a sentatio nd/or documents contained false or misleading information nraterW to the County's consideration aftd assent to this Agreement, the County r�e5erves the right,in its discretion,to revoke such consideration and rase and to rescind this Agreement and to pursue all riernathes at law and etjujty, llor injuries 14) time County caused by the subonission of such false or robileading material inforuration. EXEC UTED ON T1 I IS dayi 201a,3 NNF —N �SE ES I " ER WitnessNc. I (S), (Print Name) Petitioner No, 1. (Print Name) 1i i r ri ne r No. I (Signature) J ; 1.........Zak" - ) Witness]sae is (Print M Da f;te rint) A u tho riz c d O,ffici a I Cap a c ity (Applicable i C Entity it _.re N, Petitioner Executing Through Entity C)"mer's Director, Officier,Trtistec, or other Authorized Official (Print Title of Authit-m-ized Capacity/Position)) Non-Frrtit,y Petitkmcr's/Non-Entity Petitioner's Princi, al ,P Mailing Address (Print) ...............-- ..I Entit)° Petitioner - Mailing Address(Print) Enkty Petitioner - Registered Agent, Name (Print) 5 of 8 4882 Entity Petitioner - Registered agent Mailing Address, (Print) Witnne°s No, Petitioner No 2 (Print name) n. I a n tn�n Pefitioner No (Si naI are) Witness No. 2,(din M r 3) Date(I'rint�� t,M w , STATE OF .Fjmd-CL-11 °Tens lc°regn njn innstru n nnt, Iti lnt �.nl'=' 'ay ,,Nbnn'nrlornnnnn:nt Agreement for t.hiliti t..o nstruction . � .._...._ _,�_�_.. farm i n.�,I a-sonall known o,,t ro� 'fed ��' nI R Inn n.tnnn n n nn Inr7nn n lnel n�nl Tn�fln nn Hann tEns � .�.�.. ... � n�nt or I�rrnnTnnnnnl �_. ai proof o identnfn�:nntntnnn Hanna di take an oath, and dry W � � . ,�. ��.o _._. ""t ..... .......__ _.. as proof nfid nntitin°at o n at'O did, tame an Oath. Leab rbV116 �n narns»�n ���n�un r nnnn�t �� Srrtanr Public (Print nrcnnn Irntnnr Irn. z� EXPE, S:lutn .nn,2026 Notary Public Berm! Notary Public (Signature) 0 of 4883 MONROE COUNrY.FLORIDA ACCEPTANCE OF RIGHT-OF-'MLAY ABANDONMENT, AGREEMENT FOR, UTILITIES CONSTRUCTIONAND RELOCAILQN In With 'Whereof, the ("'ounly accepts this Right-ot-Way Abandojurtent Agyeement fi)r Utilities Construction and Relocation and executcs this instrument on the datc set forth below, F'Or Monroe County, Florida,- First Witness(Print Name) Director(.,,4'Fngincuring, Scrvices (Print Nainc) First Witness Sign r ) Dir A Engineering Services (Si u, Second'Witness (Print Name) a ,(Print) Second Witnt*s(Siwiaturv) 00, ............. Cr9owN Miwrncy',�Oflkc ,State of Florida Cou,uty of'Nlonroe Before ine, tie undersigned authority, Pers-onally appeared Who is personally known to rric, as,ident'ifi,catilon, Sworn and subscribod to rne this day of, 20, Not Name and Number(Print) Notary Siguature and Seat 7 of 8 4884 Name of liti „ IS mtgreeiu ent f'uau- IAtufuttcs w. r��m r „T �m�� and kcklhol land 1execMes this wnstr urnent on the (.Iaw se( (broth Ffirst uutau�������uuu��at . ����"� '� Sqnlg Awhody of UOH ^p"Ptt'tt Name) ' �imesstl,;u;t t�u.uma,,� ° u ru uutui�auut aid LItiIi ph5 li OLE; �2952.x uaatuss°au' �f I W"I em (Min Name) Dare (POW N k pnc. j L"0)Form and Lqgzitl „ T p State of Florida 80mv rue, the uartdanu ut d wv:hatuty, pees n aHa appared a is j ,t'so ally kttau,u"vn to uape;, o"r, Pu s ptaaduuaaual m ttaa"(nn and suabscii saed to une Ods thy f 'N'CIANNu .lNr,°NA �r � gp p y„ d1✓� W '.. ,P cu Nocai-y Natue awl Nwinbcr (Print) Noter)w;Mg 1, atuiv an(! Seal f8 4885 Return to: Mon me County Monroe County planning&Environmental Resourm 2798 Overseas Highway,Suite 400 Marathon,FL 33050 Prepared by: Island Construction Management 89888 Overseas Highway Tavernier,F]33070 --------------------------------- Space Above This Line For Recording RIGHT-OF-WAY ABANDONMENT AGREEMENT FOR TURNAROUND CONSTRUCTION This Agreement entered into this 13 day of ARri I ,2022 by HxTrustLSam Stoia) PETIT10NER PROPERTY OWNER(hereinafter"PETITIONER"). WHEREAS,Monroe County Code(hereinafter"Code)Section 19-1 authorizes, in certain circumstances,abandonment of a County right-of-way;and WHEREAS,Code Section 19-1 provides that such right-of-way abandonments must comply with all applicable Code requirements for road,turn-around,and fire-rescue access; and WHEREAS,Code Section 110-970)(16)provides as follows:"Dead-end roads, designed to be so permanently, shall be provided at the closed end with a turnaround having an outside roadway diameter of at least 70jeet, and a road property line diameter of at least 100 feet, or may be provided with a 7"type turnaround as may be approved per "Standard Spec cations and Details of'Monroe County,"by the department ofp1anning.";and WHEREAS, Monroe County,finds the PETITIONER must construct a T-turnaround in accordance with the Public Works Manual Standard Specification and Details of Monroe County Division(inclusive of Road Spec(fication section B-2)and T-Turn around Detail R 5. at the end of— &, 44- Seto n (insert, in legible print, name of subj ct right-of-wl +7f;and WHEREAS,the PETITIONER hereby covenants with the County, by this duly executed and recorded Agreement, that all construction and development of such T-type turnaround shall be the sale responsibility of the PETITIONER;and NOW,THEREFORE, for and in consideration of the sum of TEN and 00/100 DOLLARS ($10.00), and as an inducement to the County for the approval of this Agreement,together with other good and valuable consideration,the adequacy and receipt of which are hereby acknowledged and attested to by all parties hereto,the PETITIONER agrees and covenants as follows: I. The foregoing recitals are true and correct and are hereby incorporated as if fully stated herein; and 4886 2. The PETITIONER desires to construct such a T-type turnaround pursuant to the aforesaid Code provision(s),at that certain belo !-described real property: Parcel(s)/Lot(s): 8 Block: 4&3 Subdivision: Mandalay 1 7- Key: EeIL!!So , piatII;oolL-� 7101031page: Approximate Mile Marker 97 Real Estate Number(s): 0!01554710-000000 -and 3. The PETITIONER agrees to construct said T-type turnaround in accordance with Public Works Manual'Slandard Specffilcatlons and Details ofMonroe County Division(, inclwive, ofi B-:2 and R-5,as attached in Exhibit" A The PETITIONER shall install,said T-type turnaround in accordance with the terms of the right-of-way permit issued by the Monroe County Engineering Department and shall submit the:proposed location(s)/site(s)of such turnaround as part of its the right-of-way permit application,which shall be subject to compliance and sufficiency review by the County separate and apart from the authorization(s)conferred pursuant to this Agreement;and 4. All notices,consents,approvals,or other communications to the County hereunder,shall be in writing and shall be deemed properly served if sent by U.S.Postal Service Certified Mail, return receipt requested, in the:following form and address: Monroe County Planning& Environmental Resources Attn: Planning Director 279 Dverseas Highway,Suite 40OMarathon, FL 33050 11 5. any and all construction(s)orinterpretation(s)of the Monroe County Code shall be deferred in favor of the County and such construction and interpretation shall be entitled to great weight on trial and on appeal;and 6. RECORDATION.The PETITIONER hereby agrees to and shall,once executed by both ponies,record this Agreement with the Monroe County Clerk of Court and in the Public Records of Monroe County at,the same time as the road abandonment is recorded,and shall solely pay any and all costs associated with such recordation;and 7. AMENDMENT OR MODIFICATION.,No amendment(s)or modification(s)to this Agreement istare effective unless the County agrees,consents,and joints in writing thereto. The undersigned PETITIONER shall record any such amendments)or modification(s)to this Agreement,and shall solely,pay any and all costs ands expenses associated with the recordation of any such amendment(s)and modification(s)�;and 2of 7 4887 8. LIMITATION OF LLABI,LITY.The PETITIONER hereby expressly waives its rights to a jury trial and any rights it may have to bring a claim against the County for personal damage or injury,or damage or injury to property,that,is allegedly caused by the negligent action or inaction of the County or an employee or agent of the County arising from or caused by the County's authorization(s),activity(ies), or inactivity related to this Agreement,further holds the County harmless from the claims of all persons for action(s), inaction(s), activity(ies), damage(s), expense(s),and loss(es)occurring on the above-described property and location(s)/site(s)therein,and the PETITIONER shall be solely responsible and liable for and to any and all parties who engage in or otherwise perform work relating to said construction/development of the above-described and below-described T-turnaround,and the County shall in no way be either responsible or liable for any injury caused,by the tools, materials, or equipment used by the PETITIONER, its employees or agents,,or used by the PETITIONER's Contractor(s),or its employees or agents;and 9 INDEMNIFICATION. The PETITIONER hereby agrees to indemnify and defend the County and its commissioners,officers,employees,and agents, from any and all claims for bodily injury (including death), personal injury,and property damage(including property owned by or property interest(s)held by Monroe County)and any other losses,damages, and expenses(including attorney's fees), arising from any injury or damage in connection with this Agreement; and 10. PAYMENT. The PETITIONER is and shall be solely responsible for all costs incurred in the carrying out of such the T-type turnaround project construction/development. It is ' hereby understood by the parties,that the County shall incur no cost for or in relation to such project construction/development. It is further hereby understood that there are no third- party beneficiaries to this Agreement,and that no Contractor or Sub-Contractor, or any other person or entity, shall look to County for payment related to such project construction/development; and 11. COMPLL4,NCE WITH LAWS. The PETITIONER shall comply with all Articles of Incorporation, Bylaws, laws,ordinances,and governmental rules and regulations that apply to this Agreement and to its activities on and at the above-described real property locatio,n(s)/site(s). The PETITIONER shall obtain all necessary permits,approvals, inspections,.and authorization as may be required by,such Articles of Incorporation, Bylaws, and local, state, and federal governments and agencies;and 12. JURISDICTION AND E.This Agreement shall be governed by and construed in accordance with the 1,aws of the State of Florida and the United States. Exclusive venue for any dispute arising under this Agreement shall be in the Sixteenth Judicial,Circuit in and for Monroe County, Florida. This Agreement"I not be subject to arbitration. If the County brings an action to enforce the provisions,restrictions,or terms contained herein and prevails in any such action,on trial or appeal,,the County shall be entitled to reasonable attorney's fees to be paid by the losing party(ies),at figures fixed by the court,as well as the reasonable cost(s)of restoring such land,to the natural vegetative and hydrologic condition existing at the time of execution and recordation of this Agreement..These remedies are in, addition,to any other remedy, fine, or,penalty which may be applicable under Chapter, 162, 373, and 403, Florida Statutes,and any other action at law or in equity;and 3 of 7 4888 13. TERMNATION/REVOCATION OF RIGHT OF WAY ABANDONMENT.The PETITIONER hereby agrees to have plans complete and obtain a right of way permit for construction of such T-type turnaround in accordance with the requirements contained in the Public Works Manual Standard Specifications and Details of Monroe County w i thin one- hundred eighty(180)days,of the effective date of the County's approval of the: corresponding,petition for right-of-way abandonment. If the PETITIONER fails to so construct such T-type to and in accordance with the Public, Works Manual Standard Specifications sand'Details of Monroe County Division(, inclusive oj) B-,2 and R-5, or fails to so construct such T-t;pe turnaround within one hundred'eighty days after issuance of the right of way permit,said previously abandoned right-of-way shall immediately revert back to the County.Nothing contained herein shall be construed to prohibit,, llimit,or otherwise restrict the County's authority to terminate this Agreement,,a duty approved right-of-way abandonment petition,a right-of-way permit,or any other permit(s),approval(s),or inspectio,n(s)corresponding to this Agreement or its corresponding right-of-way abandorunent petition,pursuant to applicable provisions of the Monroe County Code and/or the permit(s)applied for or issued pursuant to this Agreement; and 14.ENFORCEMWINT. In the event of any breach or violation of the restrictions o�r terms contained herein,the County shall,without liability to the County,have the right to unilaterally and without notice:terminate this Agreement,and'to proceed at law or in equity as may be necessary to enforce:compliance with the restrictions or terms hereof, and to otherwise prevent the breach or violation of any of them,to collect damages,and may enforce this Agreement by emergency, preliminary, and permanent injunction, including ex parte action and motion for such injunction(s), it being agreed that the County would have no adequate remedy at law,or such other legal method as the County deems appropriate:. Uncured breach of violation of this Agreement by the PETITIONER shall,without any additional notice beyond this Agreement's recordation, entitle the County to immediately suspend and/or rescind,without liability to the County,development applications and pending permits,approvals,or inspections relating to this Agreement,except for those permits,approvals,or inspections necessary to cure such breach or violation.The PETITIONER hereby agrees to and shall pay for all costs associated with the County's enforcement action(s).Such County enforcement shall be at the County's,discretion. Failure of the PETITIONER to,comply with or perform any act required by or under this Agreement shall not impair the validity of this Agreement,and County delay or failure to enforce, however long,continued,shall not be deemed a waiver or estoppel of the right to do so thereafter as to any such violation or breach; and 15.AUTHORIZED SIGNATORY. The signatory for the PETITIONER, below,certifies and warrants that: (a) The PETITIONER's name as set forth in this Agreement is its full and correct legal name(if an entity,as designated in its corporate charter and as formally registered with the State),. 4 of 7 4889 (b) The individual(s)executing this Agreement is/are duly authorized to so act and execute such Agreement on, behalf of the PETITIONER, (c) As applicable,this,Agreement has been duly approved by the PETITIONER's Board of Directors and/or members,consistent with and compliant with the PETITIONER's Articles of Incorporation,, Bylaws, and all, local,state,and federal law(s), (d) Furthermore,as applicable, the PETITIONER shall,upon execution of this Agreement, provide copies of a list of its current Board of Directors and/or managers,a property executed and notarized corporate resolution approving this Agreement a copy of its current Articles of Incorporation,and, if PETITIONER has or is otherwise subject to Bylaws, a copy of such current Bylaws. 16,. SEVERABILITY. If any condition, provision,reservation, restriction,right,or term of this Agreement is held lobe invalid or unenforceable by any court of competent Jurisdiction,the invalidity or,unenforceability of such condition, provision,reservation, restriction,right,or term shall neither limit nor,impair the operation, enforceability,or validity of any other condition(s), provision(0,reservation(s), restriction(s),right(s),or term(s)thereof. All such other condition(s),provision(s),reservation(s), restriction(s), right(s),and term(s)shall continue unimpaired in full force and effect;and 17. PARAGRAPH HEADINGS. Paragraph headings,where used herein,are insetted for convenience only and am not intended to descriptively limit the scope and intent of the particular paragraph to which they refer,and 18. EFFECTIVE DATE.This Agreement constitutes the entire Agreement and any representation or understanding of any kind preceding the date of this Agreement's execution or recordation is not binding on the County or the PETITIONER except to,the extent it has been incorporated into this Agree meat.'This Agreement shall become effective upon recordation in the Public Records of Monroe County. 19. BINDING EFFECT. The terms,covenants,conditions,and provisions of this Agreement shall bind and inure to the benefit of the County,and the PETITIONER and their respective legal representatives,successors, and assigns. However,this Agreement shall not be conveyed, assigned,or otherwise transferred from the:PETITIONER.Any such transfer requires County approval,and any such transfer absent County approval shall immediately render this Agreement void ab initio, and This Agreement is made in reliance upon information,representations,and documents provided by the PETITION ER(S).if,at some later date,Monroe County determines that such information,representations, and/or documents contained false,or misleading information material to the County's consideration and assent to this Agreement,the County reserves the right,in Its discretion,to revoke such consideration and assent sari to rescind this Agreement and to pursue all remedies at law and equity,for,injuries to the County caused by the submission of such false or misleading material information. EXECUTED ON THIS 13 day of April 20 22 5 of 7 4890 „ WITNESSES PE"ITH ON V R(S) 1� . [ �f GJ r b � ..�.... �rvwnaw44n.` � Y✓` Frc2'w.m. ,..>.k.. J ..,.... ....,. ...... ,,,, i f P gA„. Wilness No. I............. .._. pC660rnor No, A�micl vi, HlKrn "Tricss No. r alm )� I nc (litpma F"atlhorl/Cd OH1601 ( •tpwaci* (Alldicuble uh'Fntpt� 10itWer I xec utig hlltroughu huh) M W IWaor, oIlva er. l mswo or Mhier Au.athmu nd 4Mcial (Print h1k oI`A.uthorked wap-1 G�taq , l �ti�i 7� a„a ""wc a� l;u�gst Petikorlcr s Pr'ki ap at l taV�ut�t Address P16m� ., z � r bah, INAkma Igo a}lmcmd . mnom 'NO= Ikin 6 t c r ct I ,,Icnt n IAwreiktb 'w rriva w ` w „ I f l'rl��t w;.ottr�°l I �tutu��� m " ire '. II°g�mtuazrtti. agt��•�I I"�miti���w�„r err �” L�wlK�.a���tt�u°u;0 I"a°itt arrrtl 6mc I1"aa�paltb h op.7 4891 C I'N,F V' Ahandonment Agreement for I'lit'llaround bN v, I cn �IC kllr�ti �edlwd hc Core unlc I lles , IT, IT, 202, v�hcd.� pasonal k ,kno %'�in lo me or prodUCed a,, k)WM� Of derlkl 1�I an oalh, and by he us pe r-so na I I k i i o w n taw rne or produced and did take an oath. J Public (Print Name & Notary Notat 'N 7 Notary Public (Signature) S, 7 of7 4892 fy �apmaq p p ZI R9 50 SPx xi}F0o L 133a1S®NOOBS 1SN3 9£1 l8 o EO 11",z WH SV3Sd3AO L09L6 a 1N3NdOWA34 VNIdVN AAA -- -- T. a � 2, ,a m r IG w •- =1 IF _ II I I Il I��..i i M:: `� Illlllilll r I r IIII ii I II—� � f III II III yy d w a e 1= ' p I s I I - I > L_ r m I � m = r�. p I I ,�.. � .. -.._ r�:-.:�I sl.—�`'� 1.. I_IIIIIIII 3l A �T It — Ig —I III�I a w w< _ i ICI uy to I z 0 a= Ao I I I rc I y a o ry `s II 51••. x,� to ,o = C NIS w� w o a=o ti ox — 4 ' v N » I F � a mo 1 33 0 5 I , HAM 191 lot His [qit my! 1 VOL No ! it anima v I I a" Hit s s� T s e, I 2rcao�w `8 �1 - I �s �. �w I o . s o� wwi 7 p � =o= a 7 a - - lawil"jivir !Bpi. N. 7 LL >�W v ,.uu1oA :d,"H���,t�s.„u =tea >�� �� <��°papa>soQo o I I Kzo>o-p wr 11 in —I-- - --- gip z „�o s SKETCH & DESCRIPTION TO BE ABANDONED PORTION OF EAST SECOND STREET MANDALAY (P.B.1,PG. 194,M.C.R.) N.E.'LY LINE OF BLOCK 3 _ 0 50 100 GRAPHIC SCALE IN FEET ill=50' BLOCK 3 ti s N MANDALAY zi- po o (P.B. 1/194, M.C.R.) I v I m z J m an " Wo 3: LOT 6 z p aim z � BLOCK 4 S 44'49'35" E 25.00' Lu o -- MANDALAY ---� SOUTHEASTERLY EXTENSION OF Ln I w (P.B. 1/194, M.C.R.) SOUTHWESTERLY LINE OF 25 25' SOUTHWESTERLY 200' OF i I c~il w LOT 5 NORTHEASTERLY 325' � OF BLOCK 3 F'--- o 0 — -- -- -- —————————————————————————— Una Jew LOT4 CD in' m Li ED N O . .. N N Y (7.. W W Q m Q 0 \. ...... _c) -- -- -- -- C) Z W W O 10 J Q' J = p � \,\„\ Lo 0 ``'z LOT 3 V5O m pz �ON z Z N 4 \ PORTION l — I TO BE ABANDONED -J--- --------------------------- '' - -- -- -- -- P.O.B. INTERSECTION OF S.E.'LY LINE OF I BLOCK 3 WITH S.W.'LY LINE OF I LOT 2 N.E.'LY 100' OF S.W.'LY 225' OF BLOCK 3 -- Y N 44'49'35" W 25.00' I I I I J m SOUTHEASTERLY EXTENSION OF I I SOUTHWESTERLY LINE OF I I LOT 1 vi o NORTHEASTERLY 100' OF I 25' 25' I SOUTHWESTERLY 225' OF BLOCK 3 S.W.'LY LINE OF BLOCK 3 NOT VALID WITHOUT SHEETS 1 -3 REVISIONS AVIROM&ASSOCIATES,INC. JOB#: 9881-7 S&D-2 23/02/10- REMOVED REFERENCE TO FES. 493-2007/K.C. ����&ASSOC SURVEYING&MAPPING SCALE: 1"=50' '''T���TTT 50 S.W.2ND AVENUE,SUITE 102 DATE: 05/10/2017 a M BOCA RATON,FLORIDA 33432 BY: S.A.M. TEL.(561)392-2594,FAX(561)394-7125 www.AVIROM-SURVEY.com CHECKED: K.M.C. RsrgBG/SHEg www.AVIROM-SURVEY.com AVIROM&ASSOCIATES,INC.all rights reserved. F.B. --- PG. --- This sketch is the property of AVIROM&ASSOCIATES,INC. and should not be reproduced or copied without written permission. $H EET 3 OF 3 i RE:CENED Vic'%:, Iq1 MONH()E IX'A GI..FlNI411VG ['I'C 4894 SKETCH &DESCRIPTION TO BE ABANDONED PORTION OF EAST SECOND STREET MANDALAY (P.B. 1,PG.194,M.C.R.) I N.E.'LY LINE OF BLOCK 3 I 25' 25' I S 44'49'35" E 50.00' NORTHWESTERLY EXTENSION OF NORTHEASTERLY LINE OF LOT 8 - --- ------------- -- -- -- -- --= N.E.'LY LINE OF LOT 8 PORTION: LOT 8 TO BE ABANDONED NORTHWEST CORNER OF LOT 8 Lo o o °' o , �w "� LOT 7 o N uJ o (7.l Y BLOCK 3 zy 0') o w t o MANDALAY w �•\o o Y z --- -- --� J o J m (P.B. 1/194, M.C.R.) J J Ln .A;,No O 0 00 w W O N U CO�" M m CD vi zo Eby; ai ��4" o LOT Ld u7 ":`� � w m Q BLOCK 4 ~ " LU i� ` J � m— MANDALAY ooZ ' �_ Q U\ CV J w (P.B. 1/194, M.C.R.) 25' i 25' � o LOT 5 - --- ------------------------ o--- -- -- -- Lo N 44'49'35" W 25.00' cy; ``N SOUTHEASTERLY EXTENSION OF LOT 4 r o SOUTHWESTERLY LINE OF w J m SOUTHWESTERLY 200' OF .."` -- -- --ui -- Cn 0 NORTHEASTERLY 325' I C4 , .. OF BLOCK 3 LOT 3 Z S.W.'LY LINE OF LOT 3 i I _ _ I I N 44'49'35" W 25.00' S.W.'LY LINE OF BLOCK 3 I NORTHWESTERLY EXTENSION OF 0 50 100 SOUTHWESTERLY LINE OF LOT 3� I I GRAPHIC SCALE IN FEET 1"=50' 25' I 25' 1 NOT VALID WITHOUT SHEETS 1 -3 REVISIONS AV/ROM&ASSOCIATES,INC. JOB#: 9881-7 S&D-1 23/02/10: REMOVED KFEREc_To RES. 493-2007/K.C. &ASSOC SURVEYING&MAPPING SCALE: 1"=50' 50 S.W.2ND AVENUE,SUITE 102 DATE: 05/10/2017 a fn BOCA RATON,FLORIDA 33432 BY: S.A.M. TEL.(561)392-2594,FAX(561)394-7125 CHECKED: K.M.C. www.AV/ROM-SURVEY.com �sTge4SHED 1g81 ©2017 AVIROM&ASSOCIATES,INC.all rights reserved. F.B. -- PG. --- This sketch is the propertrtyy of AVIROM&ASSOCIATES,INC. and should not be reproo`uced or copied without written permission. SHEET 3 OF 3 RECEIVED >a q MGNItI)k Cp.F'IANNIN(3 D[FA: 4895 APPLICATION MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT V r 1 f 4'A2y i Right-of-Way Abandonment Application IIIIIIIIIpINVIW@SIN" IIVIWV IVNVIONNVIOIININNNVIVOVIVIINOIIIIIIIWIIIIIIIIOVIIIIIIIVNIIIIWIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIVIII41mIINV011101111V01V�IWVIVIIVIVI �IO�OO�IIIOIf AMENDED AND RES"'LIVIED An application must be deemed complete and in compliance with the Monroe County Code by the Staff prior to the item being scheduled for review, Right-of-Way Abandonment Application Fee: $1,890.00 In addition to the application.fee, the following fees also apply: Advertising Costs: $245.00 Date of Application: 10 104 12023 Month Day Year Applicant/Agent Authorized to Act for Property Owner:(Agents must provide notarized authorization from all property owners.) Smith Hawks, PL Barton W. Smith/Jess Miles Goodall Applicant(Name of Person,Business or Organization) Name of Person Submitting Application 138 Simonton Street, Key Vilest, Florida 33040 Mailing Address(Street,City,State and Zip Code) (305)296 7227 Bart@smithhawks.com/Jess@smithhawks.com - ----- ---- ------- Work Phone Home Phone Cell Phone Email Address Property Owner/Applicant: (Business/Estate/Joint-ownership must include documents showing who has legal authorization to sign.) MY FAMILY TRUST 12/4/2012 and i�7�� "9°l.l,l(°a�,� i I [I. °.L.i tl!; I" N. I ::�'�; c/o Agent — - — --------- --._._....... --- ...........-....---...— --....... Name of Person,Business or Organization Contact Name c/o Agent Mailing Address(Street,City,State and Zip Code) c/o Agent c/o Agent Work Phone Home Phone Cell Phone Email Address Description of right-of-way to be abandoned: A Portion of E. 2nd Street and a portion of E. 1st Street, located at E 36 SECOND St, E.81 SECOND St, and 97601 Overseas Highway, Key Largo, Florida, the Areas are described as "Area 1," "Area 2,"and "Area 3" on the attached survey and legal description. Area 2 and Area 3 were previously abandoned and are being requested as a re-abandonment. Area 1 is being requested as an abandonment and is the subject of this application pursuant to communications between the Applicant and the County. Page 1 of 8 Last Revised March 2023 4896 Al"I'L.11CATION Applicant seeks the abandonment for the following reasons: The Applicant is seeking to abandon Area 1 to join two portions of his property for development purposes and for the safety and wellbeing of the neghborhood.Applicant is seeking to re-abandon Areas 2 and 3 to re-establish the previous abandonments and maintain the current configuration of the properties for future development. Legal Description of Property: (if in metes and bounds,attach legal description on separate sheet.) See attached surveys Key Largo Block Lot Subdivision Key 00554420-000000; 00554710-000000; and 00554760-000000 1679917;1680206; and 1680257 Real Estate(RE)Number Alternate Key Number 97601 OVERSEAS Hwy; E 36 SECOND St; and E 81 SECOND St, Key Largo 98 Street Address(Street,City,State&Zip Code) Approximate Mile Marker Total land area of the right-of-way to be abandoned: Area 1 - 15,000 sf;Area 2 -6,557 sf;Area 3- 10,268 sf Present use of the right-of-way to be abandoned:No Use Proposed use of the right-of-way to be abandoned:Future Development of Properties Granting a right-of-way abandonment is based on specific criteria within Section 19-1 of the Monroe County Code (copy of the code is attached to this application).Please read the Code carefully in order to provide appropriate justification for granting the right-of-way abandonment. 1. Demonstrate the right-of-way is no longer required for public use and that the abandonment will not adversely affect public safety or have a negative impact on County streets or public or private utility facilities:Area 2 and Area 3 have been abandoned and reverted to the County. Based on the previous abandonment there is no public use and there will be no negative effect on the public. Area 1 was a terminus prior to the County reverter and was of no use to anyone outside of the Property owner.Abandoning the three areas have no affect on the public safety or the county streets. Relocation agreements for utilities have been provided. 2. Does the right-of-way provide public access to land on open water? El Yes W No 3. Does right-of-way end on a body of open water? F] Yes No 4. Will the abandonment hinder public access to the water? ❑ Yes No 5. Are all adjacent property owners in agreement with this petition? ❑Yes No If yes,attach notarized agreement letter from each owner. 6. Is the right-of-way abandonment located at the end of a street? ■ Yes ❑No 7. Is the right-of-way abandonment part of a current'turnaround area? El Yes W No 8. Is a turnaround required? Q Yes ❑No a. If yes, is the turnaround shown on the survey? Yes ❑No 9. Is the right-of-way paved,open to traffic? El Yes a No 10. Are there any structures within the required setbacks? 9 Yes ❑No 11. If so, what is the structure and when was it built? See attached Exemption Memorandum 12. Is the abandonment requested by a public or governmental agency? El Yes N No 13. If so, what public purpose will the abandonment serve? Page 2 of 8 Last Revised March 2023 4897 APPLICATION 14. An end of a road right-of-way abandonment requires adequate turning radius for public safety vehicles. Please refer to the Proof of Coordination(page 8) a. Have you coordinated with Monroe County Engineering Services? ■ Yes [:]No b. Have you coordinated with the Monroe County Fire Marshal? nN Yes Q No c. Have you coordinated with the Monroe County Sheriff's Office? It Yes n No If a turnaround is required,a Turnaround Agreement will be required 15. Abandonment applications must include written statements(dated within 90 days prior to the application submission date) from all public and private utilities servicing the property (including cable, electric, sewer,telephone, and water) stating any objections or required conditions to the proposed abandonment, a. Do you have comment letter from Keys Energy or Electric Co Op? ■ Yes ❑No b. Do you have comment letter from Florida Keys Aqueduct Authority? ■ Yes ❑No c. Do you have comment letter from Comcast? W Yes E]No d. Do you have comment letter from AT&T? X Yes [:]No e. Do you have comment letters from any other utilities?(i.e.,KW Resort Utility) W Yes E]No f Are easements or utility relocations required by any of the utilities? ■ Yes [—]No If utilities are relocated,a Utility Agreement will be required. All of the following items must be included in order to have a complete application submission: (Please check the box as each required item is attached to the application.) Complete right-of-way abandonment application(unaltered and unbound) Correct fee(check or money order payable to Monroe County Planning&Environmental Resources) Legal description of the portion of the right-of-way to be abandoned in metes and bounds 'I'J� A Proof of ownership of the Applicant's property(s)(i.e.,Warranty Deed)]',,"fl,'� ,B, Notarized Agent Authorization Letter if using an agent to act on Applicant's behalf. An authorization is needed from all owners of the subject property.�&jrij� �X,1 i by 11roperty OvvmIx 11rroy- ao,(k',x 11"/fl.') C Current Property Record Card(s)from the Monroe County Property Appraiser for the Applicant's property,'ab 1) Location map(i.e.,copy of strip map,aerial photograph) Photograph(s)of the right-of-way to be abandoned Copy of Recorded Plat that dedicated Right-of-Way to the County Title Certification for the right-of-way (prepared not more than 90 days prior to application submission specifying language from the plat that dedicated the right-of-way and the County's interest in the right-of-way). Signed and Sealed Survey of right-of-way to be abandoned and all adjoining properties, prepared by a Florida registered surveyor—2 sets (Survey should be dated within 180 days prior to the date of application submission. • The survey shall depict the precise location and dimensions of the area to be vacated and text from the recorded plat that dedicated the right-of-way. • The survey shall also depict all parcels of land within 200 feet of the subject right-of-way and all public and private easements,public utility facilities and private franchise facilities located in or upon said right- of-way as well as the dimensions of all existing structures, paved areas and utility structures; and all bodies of water on the site and adjacent to the site. • The portion of the right-of-way to be abandoned should be marked with diagonal lines and the applicant's property should be clearly delineated. • If a turnaround is required,the survey must show the proposed location and dimensions. Page 3 of 8 Last Revised March 2023 4898 kPI'l,1CATION o Please note, if there are multiple property owners that are benefitting from the right-of-way abandonment, separate surveys and legal descriptions for each property owner indicating and describing their respective portion of the abandonment will be required. Proof of Coordination from Monroe County Engineering Services, Monroe County Fire Marshal, and Monroe County Sheriffs Office. (Please submit page 8 as Proof of Coordination, a letter is not required for application submittal) Letters from all utility companies (written statement from all public and private utilities servicing the subject property dated not more than 90 days prior to the date of submission of the application, including water, sewer, electric, telephone, and cable television which state any objection or required conditions to the proposed abandonment). Letters of"No Objection" from all affected property owners (an affected property owner is one who would have a means of access to his or her property affected as a result of the abandonment or one whose property abuts the portion of the roadway to be abandoned); Please note: If a property is owned jointly, all owners must sign. If the property is part of an estate,proof of authority to sign is required. A UTILITY AGREEMENT IS REQUIRED when a utility requires relocation of a utility's property. Please contact the County prior to submitting this application for a copy of the agreement. IF A CUL-DE-SAC OR 'IT-TYPE" TURNAROUND IS REQUIRED to be constructed, it will be the responsibility of the Applicant to construct. The application should include the "Turnaround Construction Agreement" to construct either the cul-de-sac or "T-type" turnaround per County Standard Specifications and Details.Please contact the County prior to submitting this application for a copy of the agreement. Is there a pending code enforcement proceeding involving all or a portion of the parcel proposed for development? El Yes ■ No Code Case file# Describe the enforcement proceedings and if this application is being submitted to correct the violation: If deemed necessary to complete a full review of the application,the Planning&Environmental Resources Department reserves the right to request additional information. Applicants agree to be responsible for and pay for all costs of advertising and recording fees incurred relative to this request for the abandonment. The filing of a petition does not guarantee approval of abandonment. Applicants further agree to grant any easement or provide for relocation when necessary for the furnishing of utilities, including without limitation: electric,water,sewer,telephone,gas,cable and other communication services upon request. Applicants certify that the right-of-way to be abandoned does not end at open water. See Page 5 for Signature and Notary Acknowledgement Page 4 of 8 Last Revised March 2023 4899 A PP 1.1 CA'I 10 N We hereby petition the Honorable Board of County Commissioners to renounce and disclaim any right of the County and the public in and to the above-referenced street,alleyway,road or right-of-way as further depicted and described in the attachments. The applicant/owner hereby acknowledges and agrees that any staff discussions or negotiations about conditions of approval are preliminary only, and are not final, nor are they the specific conditions or demands required to gain approval of the application, unless the conditions or demands are actually included in writing in the final development order or the final denial determination or order. By signing this application, the owner of the subject property authorizes the Monroe County Planning & Environmental Resources staff to conduct all necessary site visits and inspections on the subject property. 1,the Applicant,certify that I am familiar with the information contained in this application, and that to the best of my knowledge such information is true,complete, and accurate. ALL OWNERS MUST SIGN IF PROPERTY IS HELD JOINTLY OR IN AN ESTATE PROOF OF SIGNING AUTHORITY IS REQUIRED. Signature of Applicant: Date: 10 )04 STATE OF COUNTY OF. tJC)t4V-0f- Sword to and subscribed before me,by means of either El/physical presence OR 0 online notarization, on '43*day of 0CAV1209— 20�Z-3,by 145-5 "ILES 6110CCALk- (PRINT NAME OF PERSON MAKING STATEMENT) Who is B/personally known to me OR 0 produced t4/A as (TYPE OF ID PRODUCED) identification. IGWNATZU U�OF OTAR—Y PUBLIC PRINT,TYPE OR STAMP COMMISSIONED NAME OF NOTARY PUBLIC MY COMMISSION EXPIRES: A NOIGREEN ll state of Florida �c #HH016147 Notary Public -"S,on Commission#HH A my Comm,Expires Jun 29,2024 V National Notary Assn. Bonded through Nationa[Notary Assn. Send complete application package to: Monroe County Planning&Environmental Resources Department Marathon Government Center 2798 Overseas Highway,Suite 400 Marathon,FL 33050 Page 5 of 8 Last Revised March 2023 4900 Prepare(t.by and After Recordin,g Return to: Christy Brady Janssen,Esq.. Christy Brady Janssen,P.A. 120 S.Olive Ave.Suite 504 Doc#2433500 Bk#3244 Pg#281 West Palm Beach,FL 33401 Recorded 9/26/2023 3:48 PTV1 Page I of 4 561-420-0583 Deed Doc Stamp$0.70 Folio:#00554420-000000 Filed and Recorded in Official Records of MONROE COUNTY KFv1N MADOK.CPA ._[Space Above This Line For Recording Da(al- Quit "Llalim Deed This it Claim Deed made this,11 day of September, 2023 between KEY MARINA DEVELOPMENT LLC,whose address is c/o Sam Stoia,81 E 2nd Street, Key Largo, FL 33037, grantor,and KEY LARGO FAMILY TRUST LLC,a Florida limited liability company,whose address c/o Sam Stoia,P.O. Box 370888,Kay Largo,FL 33037,grantee: (Whenever used herein the terms"grantor"and"grantee"inClUde all the parties to this instrUITICIn and the heirs,legal representatives,and assigns ot'individuals,and the Successors and assigns of corporations,trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged,does hereby remise,release,and quitclaim to the said grantee,and grantee's heirs and assigns forever, all the right,title,interest,claim and demand which grantor has in and to the following described land, situate, lying and being in Monroe each County, Florida to-wit: See Exhibit"A"attached hereto and incorporated herein. Subject to taxes for 2023 and subsequent years;covenants,conditions,restrictions,easements, reservations and limitations of record,if any. To Have and to Hold,the same together with all and singular the appurtenances thereto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of grantors, either in law or equity,for the use,benefit and profit of the said grantee forever. ............. 4901 In Witness Whereof,grantor has hereunto set grantor's hand and sea]the day and year first above written. Signed,sealed and delivered in our presence: KEY MARINA DEVELOPMENT LLC, a Florida limited liability company Witness ALANA STOIA,Manager W i Witness N, iie: SA M ST-e1A,,1M-anager W�it :s e: State of Florida County of Monroe The foregoing instrument was acknowledged before me by personal appearance,or by online notarization, this 61(0 day of September,2023 by Alana Stoia and Sam Stoia,as Man gers of Key Marina Development LLC, a Florida limited liability cornpany,on behalf of said company,who arc personally known or have produced a driver's license as identification. [Notary Scal] -Notary bili Printed Name: DAMARY RIZO A:LMAGUER My Commission Expires: Y CO)d:M # H 0 my COMMISSION#HH4 5109 M S 0,1 9" XPMES.! ug"t 0, EXPI"S::August 2 250127 - 4902 EXHIBIT"A" Part|'Singleton Parcel Lots 1 and 2, Block 4, kqANDALAY according to the Plat thereof, recorded in Plat Book 1, Page l94 among the Public Records nf Monroe County, Florida; Together with a parcel of submerged land in Sec.6,Twp. 62 South,Rge.39 East, Key Largo, Florida, Monroe County, Florida, more particularly described as From the intersection of the dividing line between Lots 2 and 3, Block 4 with the Southeasterly side of East Second Street,all as shown on Plat of MANDALAY,recorded in Plat Book 1, Page 194, Public Records of Monroe County, Florida, run Southeasterly along said dividing line,a distance of 150 feet to the most Easterly corner of Lot 2 and the most Westerly corner of a parcel heretofore conveyed to A.F. Meade by Trustees TIIF Deed No.22153 and the Point of Beginning of the parcel hereinafter described; thence continue Southeasterly along last described course and along the Southwesterly side of the Meade parcel,a distance of 250 feet;thence Southwesterly and parallel to the said Southeasterly side of East Second Street,a distance of 125.8 feet to the prolongation of the dividing line between Lot 1, Block 4,and Second Avenue,according to said Plat Book 1, Page 194;thence Northwesterly along said prolongation a distance of 250 feet to the most Southerly corner of said Lot 1, Block 4;thence Northeasterly along the Southeasterly side of Lots 1 and 2,e distance of12G.Q feet to the Point of Beginning. Part||' Lively Parcel A strip of land 125 feet wide and 250 feet in depth off the Southwesterly side of Block 3,said strip being 125 feet on East First Street and East Second Street, and 250 feet on Second Avenue, MANDALAY, according to the plat thereof recorded in Plat Book 1, Page 194 of the Public Records of Monroe County, Florida.Also described as:A strip of land 125 feet wide and 250 feet in depth off the Southwesterly side of Block 3,said strip being 125 feet on East First Street on East Second and East Avenue 250 feet on Second Avenue, MANDALAY,according to the plat thereof recorded in Plat Book 1, Page 194 of the Public Records of Monroe County, Florida. AND A tract of land |n Block 3ofK4ANDALAY a subdivision of Key Largo,according to the Plat recorded inPlat Book 1,at Page 1A4 Public Records ofMonroe County, Florida,said tract having a frontage of1OOfeet on East First Street,according to the plat of MANDALAY,and a depth of 95 feet and further described as the Northwesterly 95 feet of the Northeasterly 100 feet of the Southwesterly 225 feet of said Block 3. AND u1903. The Northeasterly 50 feet of the Southwesterly175 feet,and the Northeasterly 50 feet of the Southwesterly 225feet, Block 3, MANDALAY,a subdivision of Key Largo,according to the Plat recorded in Plat Book 1, Page 194 Public Records of Monroe County, Florida,less the Northwesterly 95 feet of the Northeasterly 100 feet of the Southwesterly 225 feet thereof of said Block 3. Part III Bennett Parcel Lnts1,2,3.4,G,6,7,8, 30, 31, 32and 33, Block 3, K84NDAb4Y,according tothe Plat thereof,as recorded in Plat Book 1, Page 194of the Public Records of Monroe County, Florida. AGENTAUT11,10RIZATION FORNI Data:of Authorization: 10 / 04 / 2023 It Day Year Bation W.Smith.Esq. SMITH HAWKS, PL/less I Miles Goodall.I-sq. I hereby authorize Huil A: i 1!! � ! i I be listed as authorized agent (Print Name of Agent) representing KEY LARGO FAMILY TRUST LLC ......-------- forthe application submission (Print Name of Property Owner(s)the Applicant(s)) of Any/All Planning Department Applications ................. --------........... ........... . ................. (List the Name and Type of applications for the authorization) for the Property described as:(ifin metes and bounds.attach legal description on separate street) See attached Exhibit A Mandalay Key Largo .......... Lot Block Subdivision Key(island) 00554420-000000 9088429 Real Estate(RE)/Parcel ID Number Alternate Key Number 97601 Overseas Highway, Key Largo, Florida 33037 9S ............. ...... Street Address(Street.City,State&Zip Code) Approximate Mile Marker Authorized Agent Contact Information: 138 Simonton Street, Key West, Florida 33040 WI I-i--n"t T-----—-W Address(Street.City.State and Zip Code) Bart@_DSmithHawks.com Jess@SmithHawks.com (305) 296-7227 Brandi@SmithHawks.com Work Phone Home Phone Cell Phone Email Address This authorization becornes effective on the date this affidavit is notarized and shall remain in effiect until terminated by the undersigned, This authorization acts as a durable power of attorney only for the putl.)oses stated.The undersigned understands the risks and liabilities involved )it the granting of this agency and accepts full responsibility for any and all of the actions of the meat named herein related to the processing of the services requested, application(s) and/or the acquisition of approvals/permits for the aforementioned applicant. The applicant(s) hereby indemnities and holds harmless Monroe County. its officers. agents and employees for any damage to applicant caused by its agent or arising from this agency authorization. Note:Agents must proviele a nowifed authorization from AL L current property owners. Signature of Property Owner: Date: . .......... Printed Name of Property Owner: Samuel Stoia, as Manager of KEY LARGO FAMILY TRUST LLC STATE OF COLINTYOF 17222�- e Sworn to and subscribed before me, by means of either Iffphysical presence OR 0 online notarization, on f�/_day of Samuel Stoia,as Manager of KEY LARGO FAMILY TRUST LLC 20,j3� by (PRINT NAME OF PERSON MAKING STATEMENT) Who is U personally known to me OR 0 produced as identification. (TYPE OF ID PROVIDED) 0 -- ...----- TARY PUBLIC PRINT.TYPE OR STAMP NAME OF NoTARY PUBL;�F� MY COMMISSION EXPIRES: lm,;i keN i11:d March 202.3 4905 EXHIBIT"K' Part I-Singleton Parcel Lots 1 and 2,Block 4,MANDALAY,according to the Plat thereof,recorded in Plat Book 1, Page 194, among the Public Records of Monroe County, Florida; Together with a parcel of submerged land in Sec.6,Twp.62 South,Rge.39 East,Key Largo, Florida, Monroe County,Florida,more particularly described as: From the Intersection of the dividing line between Lots 2 and 3,Block 4 with the Southeasterly side of East Second Street,all as shown on Plat of MANDALAY,recorded in Plat Book 1,Page 194,Public Records of Monroe County,Florida,run Southeasterly along said dividing line,a distance of 150 feet to the most Easterly comer of Lot 2 and the most Westerly corner of a parcel heretofore conveyed to A.F. Meade by Trustees TIIF Deed No.22153 and the Point of Beginning of the parcel hereinafter described; thence continue Southeasterly along last described course and along the Southwesterly side of the Meade parcel,a distance of 250 feet;thence Southwesterly and parallel to the said Southeasterly side of East Second Street,a distance of 125.8 feet to the prolongation of the dividing line between Lot 1,Block 4,and Second Avenue,according to said Plat Book 1,Page 194;thence Northwesterly along said prolongation a distance of 250 feet to the most Southerly corner of said Lot 1,Block 4;thence Northeasterly along the Southeasterly side of Lots I and 2,a distance of 125.8 feet to the Point of Beginning. Part 11- Lively Parcel A strip of land 125 feet wide and 250 feet in depth off the Southwesterly side of Block 3,said strip being 125 feet on East First Street and East Second Street,and 250 feet on Second Avenue,MANDALAY, according to the plat thereof recorded in Plat Book 1,Page 194 of the Public Records of Monroe County, Florida.Also described as:A strip of land 125 feet Wide and 250 feet in depth off the Southwesterly side of Block 3,said strip being 125 feet on East First Street on East Second and East Avenue 250 feet on Second Avenue,MANDALAY,according to the plat thereof recorded in Plat Book 1, Page 194 of the Public Records of Monroe County,Florida. AND A tract of land in Block 3 Of MANDALAY,a subdivision of Key Largo,according to the Plat recorded in Plat Book 1,at Page 194 Public Records of Monroe County,Florida,said tract having a frontage of 100 feet on East First Street,according to the plat of MANDALAY,and a depth of 95 feet and further described as, the Northwesterly 95 feet of the Northeasterly 100 feet of the Southwesterly 225 feet of said Block 3. AND 4906 The Northeasterly 50 feet of the Southwesterly 175 feet,and the Northeasterly 50 feet of the Southwesterly 225 feet,Block 3,MANDALAY,a subdivision of Key Largo,according to the Plat recorded in Plat Book 1,Page 194 Public Records of Monroe County,Florida,less the Northwesterly 95 feet of the Northeasterly 100 feet of the Southwesterly 225 feet thereof of said Block 3. Part III-Bennett Parcel Lots 1,2,3,4,5,6,7,8,30,31,32 and 33,Block 2, MANDALAY,according to the Plat thereof,as recorded in Plat Book 1,Page 194 of the Public Records of Monroe County, Florida. 4907 1011ME v, 1 1, '.�L.�. E r✓s;°r;fi:f Detail by Entity Name Florida Limited Liability Company KEY LARGO FAMILY TRUST LLO it g!n sarmation Document Number L23000443532 FEI/EIN Number NONE Date Filed 09/25/20 3 State FL Status ACTIVE 'oal Addreem 97601 OVERSEAS HWY KEY LARGO, FL 33037 el' g dr PO SOX 370666 KEY LARGO, FL 33037 &9Wff9AA90AhAm&AAddmn STOIA,SA(V UEL 97601 OVERSEAS HWY KEY LARGO, FL 33037 AuWQdzad-E2mmW-QjAafl Name&Address Title MGR 4100&4W94 Title MGR STOW ALANA 97601 OVERSEAS HWY KEY LARGO,FL 33037 AnnUALRea= No Annual Reports Filed Document Images 4908 I I .- 2 3 5 6 � m 7 NMI 6' 9 10 aq rr-, I 12 13 MONROE COUNTY, FLORIDA 14 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 15 RESOLUTION NO. -2024 16 17 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY 18 COMMISSIONERS RENOUNCING AND DISCLAIMING ANY RIGHT OF 19 THE COUNTY AND PUBLIC IN AND TO THE RIGHT-OF-WAY 20 SITUATED AT, ABOUT, OR ON EAST FIRST STREET, AS SHOWN ON 21 THE PLAT OF MANDALAY SUBDIVISION, PLAT BOOK 1, PAGE 194, 22 BOUNDED ON THE NORTHWEST BY LOTS 30-33, BLOCK 2, 23 BOUNDED ON THE NORTHEAST BY EAST FIRST STREET, BOUNDED 24 ON THE SOUTHEAST BY BLOCK 3, AND BOUNDED ON THE 25 SOUTHWEST BY SECOND AVENUE; AND A PORTION OF THE 26 MONROE COUNTY RIGHT-OF-WAY SITUATED AT, ABOUT, OR ON 27 EAST SECOND STREET, AS SHOWN ON THE PLAT OF MANDALAY 28 SUBDIVISION, PLAT BOOK 1, PAGE 194, BOUNDED ON THE 29 NORTHWEST BY BLOCK 3, BOUNDED ON THE NORTHEAST BY 30 EAST SECOND STREET, BOUNDED ON THE SOUTHEAST BY LOTS 1- 31 8, BLOCK 4, AND BOUNDED ON THE SOUTHWEST BY EAST SECOND 32 AVENUE, SECTION 06, TOWNSHIP 62 SOUTH, RANGE 39 EAST, KEY 33 LARGO, MONROE COUNTY, FLORIDA. 34 35 WHEREAS, an application was filed by Smith Hawks, on behalf of My Family Trust 36 and Key Largo Family Trust, LLC, (previously "Key Marina Development, LLC") requesting 37 for the Monroe County Board of County Commissioners ("Monroe County", the "County", 38 "Board", or "BOCC") to vacate and abandons portions of Monroe County's right-of-way 39 situated as more particularly described below; and 40 41 WHEREAS, under the Monroe County Code and Florida Statutes Chapter 336, it is 42 necessary to hold a public hearing of the Monroe County Board of County Commissioners to 43 publicly consider renouncing its rights to the instant Monroe County right-of-way after 44 publishing due notice of said hearing in accordance with said Chapter; 45 46 WHEREAS, due notice has been published and a public hearing has been held in 47 accordance with Chapter 336, Florida Statutes; and 48 1 of 5 4909 I WHEREAS, at said public hearing, the Board has considered the application requesting 2 for it to renounce and vacate any right of the County and/or public in and to the hereinafter 3 described public right-of-way as delineated on the hereafter described legal description, plan, or 4 map; 5 6 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 7 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 8 9 Section 1. Recitals and Legislative Intent. The foregoing recitals and title are true 10 and correct, and are hereby incorporated as if fully set forth herein. 11 12 Section 2. Monroe County hereby renounces and vacates any right of the County 13 and/or the public in and to the hereinafter described public right-of-way as delineated on the 14 hereafter described legal description,plan, or map, to-wit: 15 THE PUBLIC RIGHT OF WAYDESCRIBED ASS: 16 17 Legal description of each rigt-of-way area: 18 AREA NO, 'f h"Ihat gaorhon of East 2rra.f Street extending over and as+across the North 50 feet Of(.cots 3 4„ 5,,6, 7;and 0, htlaock 4 of„°fv"IAti AY"„ according to the pW lherecof,as rac orded in Plllat Bock d„ Page 1194, of the k'utallr,;•Reacrards of Monroe County, h°`oriada. Saaiid portion of East 2nd Street being bounded on the North by ffie Southerly boundary lime of Block 3,of MANDALAY,acwrdingi to the plat. the=reruf„a% recorded in Plat Book "d,f'age lti4 of the Public Records of Monroe,trsruunty, Florida, bounde,(1 on the.South by Itrey VNrartherly boundary fine of send Block 4„ bOUncded on they West by the extension of the S outhw eMerly Ime;of said Il.ot 3,tonUniided on 19 the East by the extension of the Northeasterly Bing of said Lot 8 Containing approximately 15,000 srp.ff. Metes and Bounds Legal De scriptionr Begin at the o uttu awtertty cuTnea rrf t of d„ t311ock 4 of " o NC':dALAY," aux,,eordhnard to the Notat thereaf,as recorded 0 PW:t Hoi,,A t Page "19,4, of the f°'ruhfic ec�oeds of ti county, FNrorida thence run NNI4 22'00"E akoncg the I orthaerNy N"dae°Iht..of'4 ay ifirue of said Block.4 fora dnstance of ,500,0 t"to a paint said:point alst)being the Northwesteffy corlrtier of I of E" Etlock 4„of.a"l ANDA AY ,acLicar n g to the Eatat ltnereot ais recorded, to Latl.Bock 't,Page 194 of the'0uhutir;I eccrrds of Monroe C m.unty„Ctorildaa', thence n,un N45*4115 VV fee a atrstar°nce of 50.00° u a Focnot cuuo the f'ouufhertty Rii ht-of-Way Ilhne of Black 0,of: 'MAN F9.AY accuradin g to ttae plat thererof,as recorded in Pllat Hook t Page 194,oh the Puut°fl c,Records at li County,k"horoda;thence run 044`22'02i' fcrr a distance of 300 00'atoreafg the Southerly Pfufght•of-Way tyre of said Block d to a pi,alnl,, 20 t4aaroca rcaro ru,"41"t,dd",E Nor,.a ddr.�tamoe,o of fi0.00°tew t'.h�a f�aornat of ftedlunndina�l 21 AREA NO,2 I'haat pas,oa'tion of East 2nd Street extending cower and acutoss the North 50 feet of Lots 'p and 2„dlloc,k 4„of."MA NDAL 'Y",according la the plat thereof„as recorded in Plat Book t„Page 194, Of the Eratotic,Records Of t`i C ou.uroty„Flcor%id a Said portion of East 2nd Street heinag bounded on the(North by the "Wbmathe,rly hounnrdaryr line of Block 3 of Na A NDAt..AY, ar,c,ordin g to the plait thereof as recorded in Plat Book 1, [-'age °194,of the Public Pliecords of Monroe Cici unty, iloridai„bounded on Vie Muth by the Northerly bourrdlar,y lime of salad Block 4,boturnded on the'West by the extension of the Southweestedy line of said Lot d„ bounded on the East 22 by the eexteerts bore of the tNortheaasterly lime of said Lot 2. Containing approximately 6,557'scd.fi. 2of5 4910 Metes and Bounds Legall Desciription. Begin at the NorlhwesleOy czrner Of Lot 2,Dloc*4,of "MANDALA)",according to il'ie plat Irremol,as remded in 1�11at Book 1, Page 194,ofthe Pubilic kiewtols of Monroe Coonty,Rorida,thence run N45'41'15"'W for a distance of 50 Go'to a poffit an,rhe Scwthertly Rlghl-of-Way ine of FVDC*1,of."MANDALAY",accord mg to the plat thereof,as recorded in Plat Doolk 1, Page 194,of t1he Public IRerords of Mmoe County,Forida, therce run S44'22'100"W along fire,Socitherly Slight,�ofl Hne of said Block 3, kkf a distance of 100 75" to a piorrif of tangency of a CilrGiLilar cairve, "lance Swilliwesterly ak)ng Said CUrve concave to the Norlh dild having foT its elerneiiiis a radius of 25,00'a cenliat angle uf 910'00'00 arid an arc length of 39 27'to a pannl of cusip on a llne, said lice heing 30.0'North of and parallel'to(tie centerfirist of 2nd Avenue,l run S45'38'GWE along said Nodherily Right of Way fine of:sad grid Avenue for a disranc*100 GO'to a point of cusp of a carp U,18r serve"thience Northeasterly along sward curve coricave to the Fast and having for I%elements as radius 025.00'a central angle of W'00`00"and an arc,leng,P,)of 39 27'to a pointaf tangercy on the,Northwesterly line of sMd Mock 4 lhenc*rim N44"2200"E along said Northerly Rrqhl-of-Way line of swdi War*4,for as dislanice of 100 So'la the Point of Beginning 2 AREA NO 3 1 halt portion of f'Jist Ist Street extending over-an(]i arr-,ross the Sou"'i 50 feet of Lots 30, 31,32 and 33,Block 2,of ,"M ANDAl AY", accordirq to the piat thereof,as recorded in PW Book 1, Page 194,of the Public Recinrids of Monroe Florida Swd portion, of Fast 1st Street bi-,,iirg bowided(in thp North by the SoulhPily boundary phase of Blol 2,of MANDALAY,according to the plat thereof,as recorded in PIlat Book 1" Page '194,of the Public Records of Monroe County, Fonda, bounded or)the SOLrth by the Nortl4redy bolundary line of said Block 3, bounded on the West by the exlerision of the Southwal line of said Lot 33,bounded 3 on the East by the extensilan of the Northeasterly line of said Lot 30. Containing approx rnately l0,268 Sq fl, Metes and BOUnds Legall Description: Begin at the!Northeasterly corner of Lot 30,ll 2,of "MANDALAY",arcording to Ifia plat Ol as recorded In PW Book I,Page 194,of the Pubhlc Recards of Monroe County, Floirda"thence irsurn S44'22'00"W alloriq the SnutharVy Right-ofWay lirve of Bliock 2,of, "MANDALAY", accii to the pial theieof,as reccrided in Plat Book 1, Page IfW,of Ire Rl Remnlis of Monroe County,li'llorida,nor a distance of:175 00"lai a i of larigiericy of a cocular cuilve,thenco Scuthwesteriy along said curve coin,naveto the North4 and fiaving for its e4elrnerits a radius o(25 00' as central angle of 00,01,001"and an arc length of 39 271in a point cif c,,Aisp on a kne said fine heinU 30,00'll of wild pairaHel to We centerWe of 2nd Avenueo 1J,*nce riijrr S45'3S'00T along saki Nartherty PAght-tl line of said 2nd Avenue for a drsiiance 1 00,00'to a point of cusp of a, circular curve,thence Northeasterly along said curve connave to the East and havhg(or its elernerts a radhis of 25 00'a cerl4 angle oil 90'00"00" and air arc tength cf,39 27'to a point of tarl orr ill,*Northwesterly iine of said Rkmk 3 of WANDALAY",according to the p4ittithel as recorded in i Hook 'I, li e 194,of the PUblic Retzirds of Monroe Florkla„thence ruin N441`22100T ariong said Northerlily R grlkof-vvay hne of said Block 3,for'a dlistance of 175 001',thence run N45'38'00"'W a,for a drsWre of 50,00"to Hie Polint of BegiinNrigi 4 5 6 2. Monroe County conveys said right-of-way as described above with the following 7 conditions: 8 9 1) Two (2) T-turnarounds consistent with the turnaround plans 10 submitted on October 20, 2023 shall be constructed. 11 2) A permit for the construction of the T-turnarounds shall be 12 obtained within 180 days of approval of the right-of-way 13 abandonment request as per the Right-of-Way Abandonment 14 Agreement for Turnaround Construction executed Aj)rfll 13, 15 2023 or the right-of-way shall immediately revert back to the 16 County. 17 3) Recorded utility easements are required to be submitted to the 18 County within 30 days of approval or the right-of-way shall 19 immediately revert back to the County. 20 4) Executed access easement for Monroe County Fire Marshal's 21 Office. 22 5) A complete right-of-way permit application for relocation 23 and/or construction of utilities shall be submitted with Monroe 24 County and the affected utility company within 180 days of 25 approval of right-of-way abandonment per the Right-of-Way 26 Abandonment Agreement for Utilities Construction and 27 Relocation executed on XXX or the right-of-way shall 28 immediately revert back to the County. 3 of 5 4911 1 6) If within 30 days of the approval of the right-of-way the 2 applicant wishes to no longer relocate utilities as agreed to per 3 the Right-of-Way Abandonment Agreement for Utilities 4 Construction and Relocation, a recorded easement for said 5 utility shall be submitted to the County within 30 days of 6 approval or the right-of-way shall immediately revert back to 7 the County. 8 7) Within 30 days of the approval of the right-of-way if the 9 applicant wishes to relocate utilities not previously agreed to, an 10 executed Right-of-Way Abandonment Agreement for Utilities 11 Construction and Relocation for said utility shall be submitted 12 to the County within 30 days of approval or the right-of-way 13 shall immediately revert back to the County. 14 15 Section 3. Construction and Interpretation. This Resolution and its interpretation 16 shall be liberally construed and enforced in favor of the Monroe County BOCC to 17 effectuate its purpose(s) and policy(ies) of the County. The construction and 18 interpretation of this resolution and all Monroe County Comprehensive Plan provision(s), 19 Monroe County Land Development Code and Monroe County Code of Ordinances 20 provision(s) ("Monroe County Code(s)provisions(s)"). Florida Building Code, Florida 21 Statute(s), and Monroe County resolution provision(s)whose interpretation arises out of, 22 relates, or is interpreted in connection with this resolution shall be liberally construed and 23 enforced in favor of the Monroe County BOCC to effectuate its public purpose(s) and 24 policy(ies) of the County, and shall be construed in favor of the BOCC and such 25 construction and interpretation shall be entitled to great weight in adversarial 26 administrative proceedings, at trial, in bankruptcy, and on appeal. 27 28 Section 4. No Liability. Monroe County expressly reserves and in no way shall be 29 deemed to have waived, for itself or for its officer(s), employee(s), or agent(s), any 30 sovereign, governmental, and other similar defense, immunity, exemption, or protection 31 against any suit, cause-of-action, demand, or liability. 32 33 Section 5. Severability. If any portion of this Resolution , or any part or portion 34 thereof, is held to be invalid or unenforceable by any administrative hearing officer or 35 court of competent jurisdiction, the invalidity or unenforceability of such provision, or 36 any part or portion thereof, shall neither limit nor impair the operation, enforceability, or 37 validity of any other provision of this Resolution, or any remaining pert(s) or portion(s) 38 thereof. All other provisions of this Resolution, and remaining part(s) or portion(s) 39 thereof, shall continue unimpaired in full force and effect. 40 41 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 42 Florida, at a regular public meeting of the Board held on the 3 1" day of January, 2024. 43 44 Mayor Holly Merrill Raschein 45 Mayor Pro Tern James K. Scholl 46 Commissioner Craig Cates 47 Commissioner Michelle Lincoln 48 Commissioner David Rice 49 4of5 4912 I BOARD OF COUNTY COMMISSIONERS 2 OF MONROE COUNTY, FLORIDA 3 4 BY: 5 (SEAL) MAYOR HOLLY MERRILL RASCHEIN 6 ATTEST: KEVIN MADOK, CLERK P 8 By: Da I 9 AS DEPUTY CLERK 5 of 5 4913 2 � HW 4 MEMORANDUM 5 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT 6 We strive to be caring,professional and fair 7 8 To: Monroe County Board of County Commissioners 9 10 Through: Emily Schemper, AICP, CFM, Senior Director of Planning & Environmental Resources 11 12 From: Janene Sclafani, Transportation Planner 13 14 Date: January 9, 2024 15 16 Subject: A public hearing to consider the approval ofa resolution renouncing and disclaiming any 17 right ofthe County and the public in and to a portion ofthe right-of-way ofEast First Street 18 and a portion of East Second Street, as shown on the plat of Mandalay, in Section 06, 19 Township 62S, Range 39E, of Monroe County, Florida (File #2023-147). 20 21 Meeting: December 13, 2023 —Request to advertise Public Hearing 22 January 31, 2024—Public Hearing 23 24 I. REQUEST 25 26 On June 29, 2023, the Planning and Environmental Resources Department received an application from 27 Smith Hawks (the "Agent") on behalf of My Family Trust 12/04/2012 C/O Sam Stoia and Key Largo 28 Family Trust, LLC (the "Applicants") to abandon a portion of right-of-way of East First Street and a 29 portion of East Second Street, Key Largo, Monroe County, Florida, as shown on the plat of Mandalay, 30 Plat Book 1, Page 194. (File 2023-147). 31 32 The portions of the public right-of-way that are being requested for abandonment in this application are 33 a portion of East First Street, adjacent to Lots 30-33 of Block 2 and Block 3; and a portion of East Second 34 Street, adjacent to Lots 1 and 2 of Block 4 and Block 3. These portions requested were previously 35 abandoned but reverted to the County. Also requested is an additional portion of East Second Street, 36 adjacent to Lots 3-8 of Block 4 and Block 3; this portion of right-of-way was previously requested for 37 abandonment, however, the application was withdrawn. 38 39 The Applicants, My Family Trust, owns Lots 3-8, Block 4 and a portion of Block 3, (outlined in g r m j,-i) 40 and Key Largo Family Trust, LLC, owns Lots 1 and 2, Block 4 and the southerly portion of Block 3; 41 additionally with Lots 30-33, Block 2 (outlined in f �iO which surround the portions of right-of-way 42 requested for abandonment which are hatched in recl. It should be noted that both My Family Trust and 43 Key Largo Family Trust were created and are owned by Mr. and Mrs. Stoia. 44 SR BOCC January 31,2024 Page 1 of 10 File 2023-147 4914 ♦ A n1;--1f1 TI k Iri - IRM L lA ) LkFY ld l IYY umiiiurrrrranmlm»auuuuuhfmiiomoioarirrrraoumuuuuuudiiummuouuumrinrimi"1J �a iiiiiiiiiummmuouuuuluauiupnmm�mnirraouuuuuuu�»lr�fli) �, �� ,, r RV �n /AaPI»tr rrIDu 1 ! mrrnoumuuumuuuuo _. n, t P i ,i �A Wf fi kf Po4 II A f Fr,e,r•a, �,�,..+va,m�ry� a,m,,.+v,or� " uumuouuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuumiiuuuumouuuumjuarrrraouuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuum� +�.. :tN ." � ,,. a, 1 p�''�/70llllllllllllllllllll�llllllllllllllllllllll 1�1111111�7119?1111111111111111111111111111111111111111111111111111111111111111111111111I7171RIRRN7�111Nrrrllrrrrrr1rr111r�1U!I r�,..,,r,�, a ... :an ...:: J r U�Nf41111111nllllllllllll � � � r�. r � i Nf I i o e x � ' � I T J .......... »» » rr,r rr„rr rl r,,,,,„rrrrr»,,.arra arrrrrrrrrrrr«rrr«rrrr ,,,,,ar rrr r rrrr„»,,,,,, ...0 iw����riaritrualr����r1av�+irri����������urr+wl, J - �` _�..�..�- •..•,..�..°�^ rt lqADIAeI ,eve IN IY r,wrnmuIW 2 3 The portion of right-of-way of East Second Street ((Area No. 1) Lots 3-8, Block 4, and Block 3) was 4 previously applied for abandonment, however, the application for this request was withdrawn by the 5 applicant. The portions of the public right-of-way of East Second Street((Area No. 2)Lots 1 and 2, Block 6 4, and Block 3) and East First Street ((Area No. 3) Lots 30-33, Block 2 and Block 3) were previously 7 abandoned but reverted to the County. 8 9 As indicated in the Application, the Applicant seeks the abandonment of Area No. 1 to join portions of 10 his property for development purposes and for the safety and wellbeing of the neighborhood. The applicant 11 is seeking to re-abandon Areas No. 2 and 3 to re-establish the previous abandonments and maintain the 12 current configuration of the properties for future development. 13 14 The areas proposed for abandonment of the right-of-way of East First Street and East Second Street are 15 outlined in in the figure below. 16 17 SR BOCC January 31,2024 Page 2 of 10 File 2023-147 4915 I i e, uw I , i '" II k ! r I i Ism ki f 1 2 3 Previous BOCC Actions 4 November 15, 2006 - BOCC approval of Resolution 603-2006 which vacated the southern terminal 5 portion of East First Street; and Resolution No. 604-2006 which vacated the southern terminal portion of 6 East Second Street. Both resolutions included a reverter agreement associated with the Development 7 Agreement approved on November 14, 2007. The clause stated that the abandoned right-of-way would 8 revert back to the Monroe County BOCC if the owner had not substantially moved forward with the 9 "Mandalay Project"within two (2)years of the approval of the abandonment. That portion of the right- 10 of-way has reverted back to the Monroe County BOCC. 11 12 November 14, 2007 — BOCC approval of Resolution No. 493-2007. Approval of Mandalay Bay 13 Development (aka Ocean Sunrise Associates, LLC) Development Agreement to redevelop Mandalay 14 Resort with 22 permanent residential units, three transient hotel rooms, and a restaurant. This 15 Development Agreement specifically extended the reverter agreement for Resolution No. 604-2006 to the 16 period required for obtaining Certificate(s) of Occupancy for the development or ten (10) years from the 17 effective date of the Development Agreement. The Development Agreement expired and the right-of- 18 way has reverted back to the Monroe County BOCC. 19 20 February 15, 2023 -BOCC approval to set the public hearing for the proposed right-of-way abandonment 21 of East Second Street, Lots 3-8, Block 4; this application was withdrawn by the applicant. SR BOCC January 31,2024 Page 3 of 10 File 2023-147 4916 1 2 December 13,2023 -BOCC approval to set the public hearing for the proposed right-of-way abandonment 3 of East First Street, Lots 30-33 of Block 2 and Block 3; and East Second Street, Lots 1-8, Block 3 and 4 Block 4. 5 6 II. REVIEW OF APPLICATION AND ANALYSIS 7 8 The portions of the rights-of-way of East 9 First Street and East Second Street are ° ✓ rv, r,gr �,r.r' 10 established within the plat of Mandalay. The C ' iA 11 plat of Mandalay (PB 1, Page 194) was 12 approved by resolution by the Monroe ,� 13 County BOCC on August 24, 1927 and bled 14 for record. 15 16 )lli�Crarreari�iuW, „ n" — 17 r m 18 e . 19 20 „r. AIYDALAY 21 M A ffiGB YH✓N/PN Fro 9 8.7MNC?.4'I 39 rtPY FA�WUIf MPNF�PapL`Cp "- Ff.PIPlpR ESN t� 22 4. 23 The portions of East First Street and East Second Street rights-of-way proposed for abandonment are 24 shown below and indicated as: 25 AREA NO, 1 That portion of extending 1 " u ° �East 2nd Street e.xtendier over and auc•aar��ass the hrtortfr ,tfd feet of Lots '�"�,�� iu„ 7 arid fs, 11lock 4,of:"°Md"ytiN r1Al.. y'„" according to the plat thereof, as uecorafed in, Plat Book 'l Page ,194, of the Public;Records c.af Monroe Cdourrty, Rordzc Said p oition of East 2nd Street being bounder:l on the North by the Southerly boundary litre of Bloc*3,of MAN DA AY,acc:,ontinu3 to the plat thereat,as recrorcded in Plat Book 1„.f'a e 194, of the Public Records(it Monroo County, Florida, bounded on the South by the Norther°Vy boundary fine of said Block 4,, boUrdecd on the kup'aPest by the extenslon of the Southwesterly line of said Lot 3,hoUrkdead on the East by the extension olf the Northeasterly Vine of said Lot 8. C;ontaininq approximately 15„000 sit.ftAREA NO, 2 "chat portion of East 2nd Slol extending over and acoross the North 50 feet of Lots 1 and 2,Block 4 of:"MANDA Y",accurding to the plat thereof"was recorded in,Plat Book 1„ Page 194, of the Public Records of Monroe Cell Florida, Said portion of Fast 2nd Street herntd hounded on then North hy'the'30Ltlaerly boundary litre of(Block ,3,of I^vtlC"utf�r�ll..AY,aca(aorr.tira5 to the plat thereof„ as recorded in flat E ook 1, F-,age °194,of the Public Records at Monroe crotunty" Llon da„ bounded on the South by the Nq,,)rtherly boundary Vine of said(Block 4"bouracdead on the West by the extension of:thel SouthwwestiNty Vrrue of said Lot 1„ bounded on the East by the e�xtaall of the Nordheasteriy+fine of said Lot 2. S'cantainlr°a5 ap)parraxirraately 5,557 scf.ft. AREA NO 3 That Portion of Fast 1st treet extencding ravel aurnd micro sea Nlwr:t-1out I'll 50 feet of Lob;30, ,d't 32 and 33,BI,Drk2,of "MANDAt...AY", ac;c:ou'ding to the plat the:reot,as recorded In Plat Hook 1„ Page 194,of the Public Records of fwtu:anrota County, l torifcd«a S aiid paoel on of Fast 1st Street iaHknc' w1rr bounded all the Ihtraklfa by the Soa.ktlrerly hourdary line of Block 21,of MANLYAt.AY,aa.,ording to the plat thereof„as recorded irk Plat 8a7ok 1, Page 104,,of the Public Records,elf Monroe County, Fiorucda, bounded on the South b,y ffie Northerly bouurrclwy lime of said Block 3, bounded on the'West by the exler°wsiorr of the SOUIJIWeStelldy line of said Lot 33„bounded 26 an the Fast by the extension of the Northeasterly fine of said L..cat X Containing a;apppuroxVaaaatety 10,268 sq,ft,. SR BOCC January 31,2024 Page 4 of 10 File 2023-147 4917 1 R f tr ri uvw I A.'d' dW d, )V LVFY IIJI IYY iM1 ,ur w., �imo�111 ouumi6m uuoipu �� _. � 1 a y i .r M,kWMXMIIM� ,.rYft wUvf I Yn.e ,. �01 Wf b kf Po4 II A f Nfkrw .4 4u ., ,y tiw.., �u. e"L.. a•+,y " ,� a n P!— a a u r i n v t, ua _ _ 1 " 1R Area No, l' rr Area No. 2 . s Area No. 3' v; m- 41. 1 rt .max rvse aerie IN ur r,wrnMwr 2 3 4 This petition has been reviewed by County staff and written comments were received from the following 5 utilities and County departments: 6 7 Florida Keys Electric Cooperative, dated June 17, 2021 (portion of East Second Street); 8 additional letter dated April 4, 2023 (36 East Second Street) 9 10 Both letters of coordination pose no objections to the request as proposed. During a call on July 11 27, 2023 with County staff and John Ellsworth of FKEC, it was confirmed utilities no longer exist 12 on East Second Street adjacent to Lots 1&2, Block 4; and East First Street adjacent to Lots 30-33, 13 Block 2. An executed easement dated February 27, 2023 and recorded on March 7, 2023 was 14 provided for the utilities which remain on East Second Street adjacent to Lots 3-8, Block 4. 15 16 Monroe County staff has confirmed the relocation of FKEC utilities in all three areas 17 requested is completed. 18 19 Key Largo Wastewater Treatment District, dated June 29, 2023 20 The letter of coordination poses no objections to the request provided that My Family Trust and 21 Key Marina Development (Key Largo Family Trust, LLC) provide an easement to KLWTD for 22 access and service utilities that may be located with the area of abandonment. 23 SR BOCC January 31,2024 Page 5 of 10 File 2023-147 4918 I If the request for abandonment is approved,a recorded copy of the easement will be required 2 to be submitted to the County within 30 days of approval or the right-of-way reverts back to 3 the County. 4 5 AT&T, dated June 2, 2021; additional letter dated 4.3.23; revised letter dated August 2, 2023 6 In the letter of coordination dated June 2, 2021, AT&T poses no objections to the request for the 7 abandonment of a portion East Second Street (adjacent to Lots 3-8, Block 4) provided that the 8 property owner pay for relocation of existing aerial facilities at a future date which the property 9 owner agreed to. 10 11 The letter of coordination dated April 3, 2023, AT&T poses no objection to the request for the 12 abandonment of portions of East First Street and East Second Street provided pay for the relocation 13 of existing aerial facilities. The letter also accepts a proposed easement for possible future needs 14 of the adjacent properties. 15 16 The letter of coordination dated August 2, 2023,AT&T states "all od ST&T relocations have been 17 completed on East First Street, East Second Street and Second Avenue for this project. AT&T no 18 longer has any facilities in the old right-of-way that has been abandoned". 19 20 Monroe County staff has confirmed the relocation of AT&T utilities in all three areas 21 requested is completed. 22 23 Comcast, dated June 18, 2021;Email dated May 8, 2023;Email dated August 10, 2023 24 25 The letter of coordination dated June 18, 2021 (adjacent to Lots 3-8, Block 4)poses no objections 26 to the request provided that the applicant provides a utility easement. 27 28 The email dated May 8, 2023 refers to Right-of-Way Abandonment Agreement for Utilities 29 Construction, insinuating utilities will be relocated. 30 31 The email dated August 8, 2023 states "in those proposed area no Comcast utilities remain". 32 33 Monroe County siLalf Illis Coll 1i 1"11lC(I Ile relocation aid` all utilities in all ffircc arelis requ estc(i i 34 cornplctccl. 35 36 y"omc sfi is cimvntly iti flic [,)rroccss Ord` reloc fiitiy III unities Cotid`iru uitioti Ord` rcloc ltiotl will be 37 rcquuircci [,)ri r to �q)[,)row�u.l,. 38 39 ld"rcqu;u reel uw cl it"tlyc regi;wst forr �ubmiclotimcnt is q)[)rovecl, &I rccorcicci co[,)y of filyc c�uscns ent will 40 be regiJrecl to be ci;ulk bitted to ylyc Comity witlyiti 30 cl iys ol',q)[,)rov i.l or filyc riglit old w�l.y reverts 41 Nicl� to filic Comity,. 42 43 Florida Keys Aqueduct Authority, dated June 14, 2021; additional letter dated June 27, 2023; 44 correction letter dated August 2, 2023 45 SR BOCC January 31,2024 Page 6 of 10 File 2023-147 4919 I The letter of coordination dated June 14, 2021 (East Second Street,Lots 3-8, Block 4 and westerly 2 300 ft of Block 3) poses no objection the referenced project provided the applicant submit an 3 easement for the 6" water main, valve and water meters located within the area of the requested 4 abandonment. 5 6 The letter of coordination dated June 27, 2023 (East First Street Lots 30-33, Block 2 and East 7 Second Street Lot 1 and 2, Block 4) poses no objection to the proposed project provided the 8 applicant relocate the existing 6" water main, and meters located within the requested area for 9 abandonment. 10 11 The correction letter dated August 2, 2023 (East First Street Lots 30-33, Block 2 and East Second 12 Street Lots 1 and 2, Block 4) confirms correction of the parcel description of the Right-of-Way 13 Abandonment Agreement for Utilities Construction and Relocation. 14 15 The applicant has submitted two (2) executed Right-of-Way Abandonment Agreement for 16 Utilities Construction and Relocation to the County to be recorded with the approval (if 17 approved) or the right-of-way reverts back to the County. One agreement is for the 18 relocation of utilities located on East First Street and East Second Street (Lots 30-33, Block 19 2 and Lots 1 and 2, Block 4). The second agreement is for the relocation of utilities located 20 on East Second Street(Lots 1-8,block 4). 21 22 Monroe County Fire Marshal, dated August 23, 2023, revised November 13, 2023 23 The Fire Marshal's Office has no objections to the proposed road abandonment provided the 24 following conditions are met: 25 26 1) Fire and Emergency Access shall be provided through the easement agreement acceptable to 27 the Fire Marshal's Office. 28 2)The applicant shall test the existing fire well for functionality if the fire well will remain in place 29 for over a 6-month time period. 30 3) Execute the standard T-turn around agreement with the County's Planning Department. 31 32 Please note that any plans submitted after December 31, 2023,will be required to comply with the 33 Building and Fire Prevention Code updates and plans shall provide the appropriate code 34 references. Plans shall identify all applicable Fire and Life Safety Codes, and Standards used for 35 design. As a minimum, the Design criteria shall comply with the Florida Fire Prevention Code 36 (FFPC) 7th edition effective December 31, 2020, consisting of NFPA 1, NFPA 101, F.S. 633, & 37 F.A.C. Chapter 69A. 38 39 Monroe County Code Compliance, dated August 18, 2023 40 Code Compliance has no objection to the proposeed road abandonment at this time. 41 42 Monroe County Sheriff s Office, dated August 17, 2023 43 The Monroe County Shriff's Office has no objection to the proposeed road abandonment at this 44 time. 45 46 Monroe County Engineering Department, dated August 15, 2023 SR BOCC January 31,2024 Page 7 of 10 File 2023-147 4920 I Engineering comments no objection to the abandonment of Area No. 1 and re-abandonment of 2 Areas No. 2 and 3 provided that a T turnaround is constructed at the end of the paved portion of 3 Second Avenue, which is adjacent to and west of the area proposed to be abandoned. It should be 4 noted that the file for this abandonment includes a site plan that shows a roundabout on 2nd Avenue 5 labelled "roundabout for Fire Department". A similar roundabout was approved as part of the 6 original development agreement for this area. The development agreement is no longer in force 7 and a roundabout on 2nd Avenue is not approved as part of this proposed abandonment. 8 9 The applicant will be required to submit an executed Right-of-Way Abandonment Agreement 10 for Turnaround Construction to the County prior to approval (if approved) to be recorded 11 with the approval or the right-of-way reverts back to the County. 12 13 Consistencv with the Code of Ordinances and Kev Largo Livable Communikevs Plan 14 15 The proposed right-of-way abandonment has been reviewed utilizing the standards set forth in Chapter 16 19, Article I, Section 19-1 Abandonment ofrights-of-way. 17 18 Monroe County Code Section 19-1 -Abandonment of rights-of-way states: 19 (a) All applications for the abandonment of public rights-of-way shall demonstrate the right-of- 20 way is no longer required for public use and convenience. Any proposed abandonment must 21 demonstrate that such action will not adversely affect public safety or convenience or otherwise 22 have a negative impact on the county system of streets or public or private utility facilities. 23 24 The Application for the proposed abandonment has demonstrated that the right-of-way is no longer 25 required for public use and convenience. 26 27 (b) No dedicated and accepted right-of-way in the county shall be abandoned where: 28 (1) The right-of-way terminates on a body of open water; or 29 30 The right-of-way requested for abandonment does not terminate on open water. 31 32 (2) The right-of-way provides access to the public to land on open water; or 33 34 The right-of-way requested for abandonment does not provide public access to land on open water. 35 36 (3) The abandonment would preclude a way for the public to maintain access to the water. 37 38 The right-of-way requested for abandonment does not preclude the public from accessing water. 39 (c) In all other cases of abandonment, no right-of-way shall be abandoned unless there is an 40 agreement to do so by all affected property owners. For purposes of this subsection, an affected 41 property owner is the owner of property which directly adjoins the area subject to abandonment 42 or, if the right-of-way is abandoned, will: 43 (1) Have access that is currently used by that property owner eliminated or diminished; 44 (2) Have the only platted access eliminated; SR BOCC January 31,2024 Page 8 of 10 File 2023-147 4921 1 (3) Have the paved area adjacent to that property increased for turn-around purposes; or 2 (4) Be increased in size. 3 The applicant owns the parcels surrounding the right-of-way requested for abandonment, access will not 4 be affected. The right-of-way requested for abandonment contains approximately 31,825 square feet, the 5 County has no objections to this increase in size. 6 (d) All right of way abandonments shall comply with the County Code and Standard Engineering 7 requirements for road, turn-around and fire-rescue access. If required for safety purposes, as 8 determined by either Fire Marshal or County Engineer, a dedicated turn-around area shall be 9 shown on the submitted survey and shall be agreed to in writing and constructed with payment by 10 the property owner(s) requesting abandonment. 11 12 Monroe County Fire Marshal's Office requires a T-turnaround Agreement be executed. 13 14 Monroe County Engineering requires a T-turnaround be constructed at the paved portion of Second 15 Avenue. 16 Two (2) T-turnarounds consistent with the turnaround plans submitted on October 20, 2023 shall be 17 constructed. 18 19 (e)A right of way may be abandoned only at the terminal portion of the road and in its full width 20 unless one of the following applies; 21 1. An adjacent lot owner has on the platted right-of-way or within a setback a substantial 22 structure which predates the Special Session Law 59-1578 pertaining to maps, plats, and 23 right-of-way. The term "substantial structure" specifically does not include wood or metal 24 fences, sheds or tiki huts or other items not listed which are accessory structures; or 25 2. The abandonment is requested by a County department or governmental agency for a public 26 use;for purposes of this subsection public use is a public facility and/or public/private utility; 27 or 28 3. The right of way area is unusual in size or shape and after abandonment the remaining right 29 of way width will be the same on both sides of the abandonment as shown in Example 1. 30 31 The requested abandonment is not unusual in size or shape. While a substantial structure predating Special 32 Session Law 59-1578 is located within the setbacks, the intent of County imposed exception in Section 33 19-1(e)1. was not intended for automatic approval. The intent was to allow the BOCC to render a decision 34 case-by-case for applications that meet the criteria of the Special Session Law 59-1578. 35 36 The requested abandonment of a portion of the right-of-way of East First Street and East Second Street 37 does meet the criteria cited above and is therefore recommended for abandonment. 38 39 40 III. STAFF RECOMMENDATION 41 SR BOCC January 31,2024 Page 9 of 10 File 2023-147 4922 I Staff recommends approval of the requested right-of-way abandonment as it does meet the criteria set 2 forth in Code Section 19-1. 3 4 IV.EXHIBITS 5 6 1. Draft Resolution including survey of proposed abandonment SR BOCC January 31,2024 Page 10 of 10 File 2023-147 4923 DocuSign Envelope ID: B484684D-1041-4CB2-849C-5COC76E45F38 INTERLOCAL AGREEMENT BETWEEN MONROE COUNTY, FLORIDA AND ISLAMORADA,VILLAGE OF ISLANDS, FLORIDA FOR MUNICIPALITIES ROADWAY VULNERABILITY ANALYSIS THIS INTERLOCAL AGREEMENT ("Agreement") is entered into this 31st day of January, 2024, pursuant to Section 163.01, Florida Statutes, between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 ("County"), and Islamorada, Village of Islands, a municipal corporation of the State of Florida ("VILLAGE"). The County and VILLAGE are hereinafter collectively referred to individually as a "Party" and collectively as the "Parties." WITNESSETH: WHEREAS, the County and the VILLAGE are authorized to enter into this Agreement and implement its provisions pursuant to Section 163.01, Florida Statutes, as amended, which permits local government units to make the most efficient use of their powers by enabling them to cooperate with each other for mutual advantage and to provide services and facilities in a manner and pursuant to forms of governmental organization that accords best with geographic, economic, and other factors influencing the needs and development of local communities; and WHEREAS, in 2019 the County issued a Request for Proposals (RFP) seeking proposals from experienced firms interested in providing professional services for a roads vulnerability analysis and capital plan for the County and the municipalities ('Project"); and WHEREAS, light imaging distance and ranging ("LiDAR") data already collected by the County on behalf of the municipalities will be used in the engineering analyses and for conceptual designs; and WHEREAS, the County has agreed to manage the work ("Work") conducted during this Project, and the roadway vulnerability analysis will only be conducted on roads within the four municipalities of Islamorada, Layton, Key Colony Beach and Marathon. The road elevation data collected during this project will be added to LiDAR data collected in the County previously. The expenditure of public funds therefore serves a public purpose because the work conducted will provide necessary survey data for road elevation planning in the five municipalities to address sea level rise issues; and WHEREAS, the roadway vulnerability analysis Work for the VILLAGE is projected to cost$416,768.84; and WHEREAS, it is necessary for the Parties to enter into this Agreement in order to spell out the rights and responsibilities of the Parties under this Agreement including the financial responsibilities to pay for Work associated with this Project. 1 4924 DocuSign Envelope ID: B484684D-1041-4CB2-849C-5COC76E45F38 NOW THEREFORE, in consideration of the mutual covenants set forth herein and other valuable consideration, the sufficiency and receipt of which is acknowledged by both of the Parties, and pursuant to Section 163.01, et. seq., Florida Statutes, the Florida Interlocal Cooperation Act of 1969, the Parties hereto agree as follows: SECTION 1. RECITALS. The foregoing recitals are true and correct and are hereby incorporated in this Agreement by reference. SECTION 2. TERM AND TERMINATION. The term of this Agreement shall run from the date on which the Agreement is executed by all of the Parties and filed with the Clerk of Monroe County, Florida ("Effective Date"), as required by Section 163.01(11),Florida Statutes and shall continue in full force and effect until the Parties have satisfied all of their obligations under this Agreement,unless terminated sooner as provided herein ("Term"). This Agreement is subject to annual appropriation by the governing boards of each of the Parties. In the event that funding from any source used to pay for the Work is withdrawn, reduced, or limited in any way after the Effective Date of this Agreement but prior to completion of the Agreement, the County may terminate the Agreement, subject to renegotiation under new funding limitations and conditions. SECTION 3. RESPONSIBILITIES OF THE PARTIES. A. Each Parry to this Agreement shall designate an individual who may be designated by title or position to oversee and administer the Party's participation in this Agreement. The Parties' initial Administrators shall be the following individuals: For Monroe County: For the VILLAGE: Rhonda Haag Peter Frezza Director Sustainability and Projects Environmental Resource Manager 102050 Overseas Highway, Ste. 246 86800 Overseas Highway Key Largo, FL 33037 Islamorada, FL 33036 Bus: (305) 453-8774 Tel: (305) 664-6427 Haag-rhonda(&monroecounty-f1. ov Peter.frezza(&-i slamorada.fl.us Either Party may change its Administrator at any time by delivering written notice of such Party's new Administrator to the other Party. B. The Scope of Services for Work to be performed for this Project is as shown in the HDR Amendment 48 attached as Exhibit A to this Agreement and by entering into this Agreement, each Party agrees that it will comply with all terms and conditions thereof. C. The County has overall responsibility for direction of any Work for the Project. If at any time, any VILLAGE member directs work to be performed by either contractor on the Project, the VILLAGE shall be responsible for full payment of that Work, including if necessary, reimbursement to the County for such Work. The County shall provide the deliverables to each VILLAGE indicating the Work that has been performed. The County shall have sole responsibility 2 4925 DocuSign Envelope ID: B484684D-1041-4CB2-849C-5COC76E45F38 for direction of Work performed under this Project. D. The project period under this Agreement is two years. The total budget for the Project is $942,257.88. The Village's share of the Project is Four Hundred Sixteen Thousand Seven Hundred Sixty Eight and 84/100 Dollars ($416,768.84). The total budget is split amongst the municipalities as shown below: MUNICIPALITY STREET ELEVATION PLANNING Islamorada $416,768.84 Layton $ 12,079.86 Marathon $471,131.85 Key Colony Beach $ 42,277.33 TOTAL $942,257.88 E. After issuance of the RFP for the roadway vulnerability analysis and capital plan services and receipt of proposals submitted by vendors in response to the RFP, the County hired HDR Engineering, Inc. as the contractor ("Contractor") to perform the work required for the Project. Throughout the Term of this Agreement, the Contractor will submit invoices to the County, with copies to the Cities, for the Work performed, up to the amounts shown in Exhibit B. The invoice shall show a breakdown of Work performed in the VILLAGE. F. Following receipt of the invoice from the Contractor,the County shall make payment to the Contractor in accordance with the Florida Local Government Prompt Payment Act and shall submit a reimbursement claim to the Agency for reimbursement of any eligible invoice costs in accordance with terms and conditions of any applicable grants. G. Within ten (10) calendar days following receipt of the invoice from the Contractor, the VILLAGE shall provide an electronic funds transfer(EFT)to deposit funds with the County in an amount necessary to pay 100% of amount of the invoice for Work performed in the VILLAGE. H. Within ten (10) days following receipt by the County of the eligible reimbursement costs from the Agency, the County will issue the approved reimbursement amount to the VILLAGE by electronic funds transfer. I. The VILLAGE's obligation to pay is not conditioned upon the receipt of any grants. The VILLAGE has an independent obligation to pay for all agreed-upon Work from any and all lawful available funding sources. K. By entering into this Agreement, each Party certifies that it registers with and uses the E- Verify system for applicable employees, contractors and subcontractors, as required by F.S. 448.095 and federal Executive Order 13465. 3 4926 DocuSign Envelope ID: B484684D-1041-4CB2-849C-5COC76E45F38 SECTION 4. RECORDS—ACCESS AND AUDITS. A. Both Parties shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven(7) years from the termination of this agreement or for a period of three (3) years from the date of submission of the final expenditure report in accordance with 2 CFR § 200.333, whichever is greater. Each Party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other Party to this Agreement for public records purposes during the term of the Agreement and for four(4) years following the termination of this Agreement. If an auditor employed by the County determines that monies paid to the VILLAGE pursuant to this Agreement were spent for purposes not authorized by this Agreement, the VILLAGE shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the County. B. The Parties shall allow public access to all records subject to the provisions of Chapter 119, Florida Statutes, and the Constitution of the State of Florida and which have been made or received by either Party in conjunction with this Interlocal Agreement. SECTION 5. NONDISCRIMINATION. The Parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any Party, effective the date of the court order. The Parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age;5)The Drug Abuse Office and Treatment Act of 1972(PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale,rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II,which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 4 4927 DocuSign Envelope ID: B484684D-1041-4CB2-849C-5COC76E45F38 SECTION 6. GOVERNING LAW,VENUE. The laws of the State of Florida shall govern this Agreement. Any lawsuit to enforce the terms and conditions of this Agreement must be brought in Monroe County, Florida. SECTION 7. SEVERABILITY. If any provision or part of a provision of this Agreement is found by a court or other authority of competent jurisdiction to be void or unenforceable, that provision or part of a provision is to be deemed deleted from this Agreement and the remaining provisions to continue in full force and effect. The Parties shall, in this event, seek to agree upon a valid and enforceable provision or part of a provision to replace the provision or part of a provision found to be void and unenforceable. SECTION 8. CODE OF ETHICS. The Parties agree that officers and employees of the VILLAGE and County required to comply with the standards of conduct for public officers and employees as delineated in Section 112.311, et seq., Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. The County and VILLAGE each warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company,corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. Each Party further warrants that it has not employed, retained or otherwise had act on its behalf any former county officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 as amended by Ordinance 020-1990 or any county officer or employee in violation of Section 3 of Ordinance No. 010-1990. For the breach or violation of the provision, each Parry shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration SECTION 9. AUTHORITY TO EXECUTE, EXECUTION IN COUNTERPARTS, EXECUTION BY ELECTRONIC SIGNATURES. The persons signing below represent and warrant that each possesses the requisite authority to execute this Agreement and to bind his respective entity through his signature. This Agreement may be signed in counterparts. In accordance with Monroe County Ordinance No. 005-2018, an electronic signature is equally valid as a hard copy or wet signature. SECTION 10. NOTICE. Whenever any Party desires to give notice to the other, it must be given by written notice, either by registered first class U.S. mail, return receipt requested, or by certified mail, and sent to: 5 4928 DocuSign Envelope ID: B484684D-1041-4CB2-849C-5COC76E45F38 For the County: For the VILLAGE: Roman Gastesi Village Manager Monroe County Administrator Islamorada, Village of Islands 1100 Simonton St. 86800 Overseas Highway Key West, FL 33040 Islamorada, FL 33036 SECTION 11. ENTIRETY OF AGREEMENT. This Agreement constitutes the entire agreement between the County and the VILLAGE, and supersedes all proposals,prior agreements, and all other communication between the Parties in relation to the subject matter covered by this Agreement. Except as otherwise provided herein, no revision, amendment or modification of this Agreement shall be effective unless reduced to writing and executed by both Parties. IN WITNESS WHEREOF,the Parties hereto have caused these presents to be executed by their Authorized Officers and have affixed their corporate seals hereon. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By: By: As Deputy Clerk Holly Raschein, Mayor Date: APPROVED AS TO FORM AND LEGALITY FOR THE USE AND RELIANCE OF MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ONLY: 0"ie�'4. W-tf CYNTHIA .HALL,Sr.ASSISTANT COUNTY ATTORNEY (SEAL) ISLAMORADA,VILLAGE OF ISLANDS Attest: MARNE MCGRATH, VILLAGE CLERK DocuSigned by: L�6 ocuSigned by: B E l aVla t, . h6c'r (A, By: Y• nnaanan4a2ZQ4D5..- FTI Joseph B. Pinder III, Mayor APPROVED AS TO FORM AND LEGALITY FOR THE FSE AND RELIANCE OF ISLAMORADA VILLAGE OF ISLANDS, FLORIDA ONLY: —DocuSigned by: rrf JOHN J.QUKIC VILLAGE ATTORNEY 6 4929 DocuSign Envelope ID: B484684D-1041-4CB2-849C-5COC76E45F38 EXHIBIT A AMENDMENT NO. 8 TO THE SEA LEVEL RISE VULNERABILITY ANALYSIS AND PLANNING CONTRACT FOR COUNTY MAINTAINED ROADS INFRASTRUCTURE ADAPTATION WITH HDR ENGINEERING INC. FOR MUNICIPAL PLANNING WORK 7 4930 DocuSign Envelope ID: B484684D-1041-4CB2-849C-5COC76E45F38 AMENDMENT NO. 8 TO THE AGREEMENT FOR SEA LEVEL RISE VULNERABILITY ANALYSIS AND PLANNING FOR COUNTY MAINTAINED ROADS INFRASTRUCTURE ADAPTATION BETWEEN MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AND HDR ENGINEERING INC. This AMENDMENT NO. 8 ("Amendment") is made and entered into this of , 2023 to that Agreement dated May 22,2019 as amended November 17,2020 under Amendment No. 1, April 21, 2021 under Amendment No. 2, and November 17, 2021 under Amendment No. 3, June 15, 2022 under Amendment No. 4, October 19, 2022 under Amendment No. 5, June 21, 2023 under Amendment No. 5A/5B, June 21, 2023 under Amendment No. 6, and November 8, 2023 under Amendment No. 7 (cumulatively, "Agreement"),by and between Monroe County "COUNTY," and HDR Engineering, Inc. "CONSULTANT". WITNESSETH: WHEREAS, the COUNTY recognized the need for immediate, coordinated, and visionary action to address the impacts of a changing climate and ensure the COUNTY provides for resilience for its more than 300 miles of roads infrastructure; and WHEREAS, the recommendation for a Roads Adaptation Plan is Green Keys item 2-14, which specifies that the County shall conduct a County-wide roads analysis to identify near-term roads subjectto inundation risk, including nuisance flooding, and that include related green infrastructure where appropriate; and WHEREAS, on May 22, 2019, the parties entered into the Agreement, so that the CONSULTANT could provide professional services for vulnerability analysis on roadways in the unincorporated Monroe County; and WHEREAS, the comprehensive County wide roads analysis extends beyond the County maintained roadways and in collaboration with the Village of Islamorada, City of Marathon, City of Layton, and City of Key Colony Beach, a continuation of the Roadway Vulnerability Analysis and Adaptation Plan is to provide consistency and fulfill the County's long term goals; and WHEREAS, the parties wish to amend the Agreement in order to cover services to be provided by the Consultant for the Roadway Vulnerability Analysis and Adaptation Plan in the municipalities of Islamorada, Marathon, Layton, and Key Colony Beach; and WHEREAS, under the terms of this Amendment No. 8, the Consultant shall conduct the Roadway Vulnerability Analysis and Adaptation plan for 156 miles of locally maintained roads within the four municipalities; and NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: -1- 4931 DocuSign Envelope ID: B484684D-1041-4CB2-849C-5COC76E45F38 1. Articles 2.1, 7.1, and 7.2.1 in the AGREEMENT are amended as follows: ARTICLE II SCOPE OF BASIC SERVICES 2.1 DEFINITION CONSULTANT'S revised Scope of Basic Services consist of those described in attached Exhibit A-8. The CONSULTANT shall commence work on the services provided for in this Amendment promptly upon his receipt of a written notice to proceed from the COUNTY. ARTICLE VII COMPENSATION 7.1 PAYMENT SUM The COUNTY shall pay the CONSULTANT for the CONSULTANT'S performance of this Amendment No. 8 an amount not to exceed Nine Hundred Forty-Two Thousand Two Hundred Fifty-Seven Dollars and Ninety-three Cents ($942,257.88). The total Agreement is not to exceed $3,105,132.90, which includes the lump sum amount and time and materials amount of $2,915,965.72 for Required Services and an amount not to exceed $189,167.18 for Optional Services. The Contract Sum shall not exceed this amount unless amended by formal approval of the Monroe County BOCC. No charges shall be incurred by the County other than products or services that were ordered,provided and agreed upon by the COUNTY. 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid according to the revised Deliverable Schedule attached as Exhibit B-8, and according to the Florida Local Government Prompt Payment Act, Section 218.70, Florida Statutes.Payments will be lump sum or time and materials, as indicated in Exhibit B-8. Partial payments of tasks and deliverables shall be allowed for any item over $5,000. The Provider shall submit to the COUNTY an invoice with supporting documentation in a form acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. The Sustainability Director will review the request, note her approval on the request and forward it to the Clerk for payment. 7.2.2 Exhibits A-8 and B-8 attached to this Amendment are added to the Agreement. 7.2.3 All other provisions of the AGREEMENT dated the 22nd day of May, 2019 and amended November 17, 2020, April 21, 2021, November 17, 2021, June 15, 2022, October 19, 2022, June 21, 2023, and November 8, 2023 not inconsistent herewith, shall remain in full force and effect. THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. -2- 4932 DocuSign Envelope ID: B484684D-1041-4CB2-849C-5COC76E45F38 IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY,FLORIDA By: By: As Deputy Clerk Mayor Holly Raschein Date: (Seal) HDR ENGINEERING, INC. Attest: BY: By: Title: Title: -3- 4933 DocuSign Envelope ID: B484684D-1041-4CB2-849C-5COC76E45F38 EXHIBIT A-8 Monroe County Roadway Vulnerability Analysis and Capital Plan Monroe County Municipalities Roadway Vulnerability Analysis Scope of Services REVISED: April 11, 2023 The following tasks are added through this Amendment. All other tasks from Exhibit A in the original Agreement as well as Exhibits A-1,A-2,A-3,A-4,A-5,A5A/A5B,A-6,and A-7 in prior amendments remain unchanged. The Roadways Vulnerability Analysis and Planning currently underway by Monroe County is only being performed for County-maintained roads, and not for roads maintained by the municipalities. The scope of Amendment 8 and this Exhibit A-8 is for the provision of professional services provided by HDR engineering Inc. (HDR) for the Monroe County Municipalities Roadway Vulnerability Analysis project. There are 156 miles of locally maintained roads within the four municipalities that will be evaluated under this study. This project shall provide the Vulnerability Analysis and Planning in Islamorada, Layton, Marathon, and Key Colony Beach. The following tasks shall be conducted for each municipality that participates in the regional resilience planning activities, and a series of Technical Memorandums tailored to each municipality considering the difference in size and existing conditions will be produced throughout the schedule of the project requiring the review and approval of the Municipalities and the County. Technical Memorandums will be submitted in electronic format and will be included as part of the Final Report. The project schedule accommodates a draft technical memorandum review for one (1) iteration of comments from the Municipalities and the County and approval for final technical memorandum for the corresponding memorandum submittals. 1. Task 1: 1.1. Initial Assessment I.I.I. GIS Analysis: Using mobile LiDAR survey data to map out the present-day roadway elevation and assort the roadway segments in order of roadway elevation. Develop GIS Map using color configuration to depict the different existing roadway elevation segments, based on the LiDAR data. 1.1.1.1. Develop GIS database for project starting off with documentation of LiDAR data and the 156 miles of roadway. 1.1.1.2. Map out colored roadway segments (use color code configuration for segment elevations) comparing the existing road elevations with the existing mean high-water elevations. 1.1.1.3. Conduct a meeting with the County and municipalities to identify immediate areas and/or roadway segments of concern related to the data, such as obvious discrepancies and also gaps in data between actual recorded -4- 4934 DocuSign Envelope ID: B484684D-1041-4CB2-849C-5COC76E45F38 flooding locations and GIS low elevation areas as well as define parameters for screening analysis that include but are not limited to roadway elevation, proximity to ocean, existing flooding conditions based on maintenance record maps and/or citizen complaints, FEMA boundary maps, history of King Tide flooding events (NOAA CO-OPS tide stations), etc. 1.1.1.4. Develop technical memorandum 1.1.1.5. 1.1.1 Deliverables: • Technical Memorandum for Village of Islamorada will include the description of the screening analysis process for the evaluation of the exiting ground information (LiDAR Data) and the existing mean high-water elevations to determine the critical and non-critical roadway segments among for the 69 miles of roadway. • Technical Memorandum for the City of Layton will include the description of the screening analysis process for the evaluation of the exiting ground information (LiDAR Data) and the existing mean high-water elevations to determine the critical and non-critical roadway segments for the 2 miles of roadway. • Technical Memorandum for the City of Marathon will include the description of the screening analysis process for the evaluation of the exiting ground information (LiDAR Data) and the existing mean high-water elevations to determine the critical and non-critical roadway segments for the 78 miles of roadway. • Technical Memorandum for the City of Key Colony Beach will include the description of the screening analysis process for the evaluation of the exiting ground information (LiDAR Data) and the existing mean high-water elevations to determine the critical and non-critical roadway segments for the 7 miles of roadway. • A GIS map layer will be developed that will depict all municipality roadway segments with different colors assigned based on the range of elevations and mean high water elevation clearance they fall under. 1.1.2. Site Assessment and Condition Survey: Includes assessment of roadway pavement conditions and assessment of the anticipated service life relative to the condition of the existing roadway surfaces. Condition data collection will be conducted using a digital imaging vehicle on the 156 miles of roadways identified throughout the study area and based upon the existing PAVER database. The Distress data will be obtained from images using PAVER Image Inspector and evaluated by experienced pavement distress raters in accordance with ASTM D6433-16 "Standard Practice for Roads and Parking Lots Pavement Condition Index Surveys". Condition for each roadway section will be calculated in PAVER and reported in tabular and map formats. The predictive modeling function within PAVER will be used to forecast the remaining service life for each roadway section. The built-in GIS tools within PAVER will be used to create inventory and condition data for use in Desktop ArcGIS. -5- 4935 DocuSign Envelope ID: B484684D-1041-4CB2-849C-5COC76E45F38 1.1.2.1. Information requests, sectioning review, data collection routing, and field prep 1.1.2.2. Digital imaging data collection 1.1.2.3. Condition surveys from collected images using ASTM D6433-16. 1.1.2.4. Produce current condition of roadway PAVER sections 1.1.2.5. Modeling of pavement service life based on current condition of each section 1.1.2.6. Document information in GIS with map and tabular reports 1.1.2.7. Develop technical memorandum. 1.1.2 Deliverables: • Technical Memorandum for the City of Layton will include a summary of the criteria established for assessments and a table listing sections assessed with a rating of"poor, fair, and good"based on current condition for all roadway segments within the 2 miles of roadway. The results of the existing pavement assessment will be presented in tables and available through GIS maps. • Technical Memorandum for the City of Marathon will include a summary of the criteria established for assessments and a table listing sections assessed with a rating of"poor, fair, and good" based on current condition for all roadway segments within the 78 miles of roadway. The results of the existing pavement assessment will be presented in tables and available through GIS maps. • Technical Memorandum for Village of Islamorada will include a summary of the criteria established for assessments and a table listing sections assessed with a rating of"poor, fair, and good" based on current condition for all roadway segments within the 69 miles of roadway. The results of the existing pavement assessment will be presented in tables and available through GIS maps. • Technical Memorandum for the City of Key Colony Beach will include a summary of the criteria established for assessments and a table listing sections assessed with a rating of"poor, fair, and good" based on current condition for all roadway segments within the 7 miles of roadway. The results of the existing pavement assessment will be presented in tables and available through GIS maps. • Additionally, through predictive modeling and the use of the existing pavement assessment data, a summary of the forecasted year of terminal life for each roadway segment in each municipality will presented in a table format and graphical presentation of network condition transition by year. 1.1.3. Roadway Data: Identify roadway Characteristics and functional classification. Develop generalized Typical Sections for different types of existing roadway conditions. Using available GIS and desktop data, document existing readily visible utilities, Signs, and Signals. Inventory of existing bridges with typical section and specific structural information. Define roadways by category to develop type of roadway improvements based on area and/or type of roadway. -6- 4936 DocuSign Envelope ID: B484684D-1041-4CB2-849C-5COC76E45F38 1.1.3.1. Desktop and/or GIS review of the 156 miles of roadway to gather following information: 1.1.3.2. Typical Section (Number of lanes, shoulder/C&G, divided/undivided) 1.1.3.3. Utilities 1.1.3.4. Lighting 1.1.3.5. Bridges (number of lanes, number of spans, railing type, location) 1.1.3.6. Intersections/side streets 1.1.3.7. Driveways/turnouts 1.1.3.8. Identify Critical County/City infrastructure in the vicinity of roadway segment/location including but not limited to healthcare/hospitals, fire/rescue, airports, law enforcement/military, schools/shelters, State/Government, water/wastewater, solid waste, and worship buildings listed in the Monroe County Comprehensive Emergency Preparedness plan. Coordination with municipalities will be conducted and review of the latest Monroe County Comprehensive Emergency Preparedness plan (dated 2012) to develop a list of"Essential Services,Critical Facilities and infrastructure". These facilities may be either emergency incident sites due to disaster impacts or could be used as emergency management support facilities. 1.1.3.9. Review available information from municipalities (Existing project plans, reports, right-of-way maps) 1.1.3.10. Geotechnical: Review and compilation of historical documents provided by the county and municipalities; documents may include geotechnical soil borings, existing underground utility plans, as built roadway records, and roadway construction drawings. Existing data limits will be documented to determine extent of coverage and develop a comprehensive exploration program to supplement available County data. US Soil Conservation Service soil maps will be developed for assistance with drainage design and supplemented with double ring infiltration (DRI) tests. The DRI tests will determine infiltration rates and will include hand auger borings to determine seasonal high-water table and existing ground water level. Soil samples will be classified in accordance to ASTM D2487 and D2488. Conduct soil borings and pavement cores for pavement designs. The exploration effort will consist of several site visits within the municipality study limits where allowable testing within the allocated timeframe and budget would be obtained. 1.1.3.11. Field assessment for desktop information field validation and capture additional data. 1.1.3.12. Document information in program GIS 1.1.3.13. Develop technical memorandum 1.1.3 Deliverables: • Technical Memorandum for the City of Layton will include a summary of the existing available information provided by the municipality that lists specific geotechnical, roadway, and utility data as well as data coverage and specific infrastructure location. The technical memo will also include a summary table for the information gathered through desktop review and field verification of specific roadway characteristics, roadway functional classification, posted speed, typical section description, -7- 4937 DocuSign Envelope ID: B484684D-1041-4CB2-849C-5COC76E45F38 intersections/side streets, driveway access points, Critical Facilities, and bridges for each roadway segment within the 2 miles of roadway. • Technical Memorandum for the City of Marathon will include a summary of the existing available information provided by the municipality that lists specific geotechnical, roadway, and utility data as well as data coverage and specific infrastructure location. The technical memo will also include a summary table for the information gathered through desktop review and field verification of specific roadway characteristics, roadway functional classification, posted speed, typical section description, intersections/side streets, driveway access points, Critical Facilities, and bridges for each roadway segment within the 78 miles of roadway. • Technical Memorandum for the City of Key Colony Beach will include a summary of the existing available information provided by the municipality that lists specific geotechnical, roadway, and utility data as well as data coverage and specific infrastructure location. The technical memo will also include a summary table for the information gathered through desktop review and field verification of specific roadway characteristics, roadway functional classification, posted speed, typical section description, intersections/side streets, driveway access points, Critical Facilities, and bridges for each roadway segment within the 7 miles of roadway. • Technical Memorandum for Village of Islamorada will include a summary of the existing available information provided by the municipality that lists specific geotechnical, roadway, and utility data as well as data coverage and specific infrastructure location. The technical memo will also include a summary table for the information gathered through desktop review and field verification of specific roadway characteristics, roadway functional classification, posted speed, typical section description, intersections/side streets, driveway access points, Critical Facilities, and bridges for each roadway segment within the 69 miles of roadway. • All collected roadway information and inventory will be available under corresponding GIS layers. 1.1.4. Stormwater Structures: Collection and review of County and municipalities available data and integrating information into the GIS database. The County and municipalities are to provide GIS data that entails a layer with information and location of existing stormwater structures. Hydraulic modeling is not part of the scope for this proj ect. 1.1.4.1. Desktop review of the locations identified within the 156 miles of roadway to determine type of roadside storm drain system in place and location of structures. 1.1.4.2. Review past designs, reports, analysis, GIS data, and studies to be provided by the municipalities. 1.1.4.3. Survey of downstream pipes and outfalls where information is not available. 1.1.4.4. Perform field surveying via RTK GPS or conventional methods when necessary, at specific locations. 1.1.4.5. Survey invert elevation at center of each assigned outfall structure directly or by offset at specific locations. -g- 4938 DocuSign Envelope ID: B484684D-1041-4CB2-849C-5COC76E45F38 1.1.4.6. Digitally record outfall pipe diameter or dimensions 1.1.4.7. Field assessment for desktop information field validation and capture additional data 1.1.4.8. Document information in GIS 1.1.4.9. Develop technical memorandum 1.1.4 Deliverables: • Technical Memorandum for the City of Layton will include a summary of the existing available information provided by the county and the municipality that lists specific stormwater data as well as data coverage and specific infrastructure location. The technical memo will also include a summary table for the information gathered through desktop review, survey, and field verification of stormwater facilities for each roadway segment listed in the 2 miles of roadway. • Technical Memorandum for the City of Marathon will include a summary of the existing available information provided by the county and the municipality that lists specific stormwater data as well as data coverage and specific infrastructure location. The technical memo will also include a summary table for the information gathered through desktop review, survey, and field verification of stormwater facilities for each roadway segment listed in the 78 miles of roadway. • Technical Memorandum for the City of Key Colony Beach will include a summary of the existing available information provided by the county and the municipality that lists specific stormwater data as well as data coverage and specific infrastructure location. The technical memo will also include a summary table for the information gathered through desktop review, survey, and field verification of stormwater facilities for each roadway segment listed in the 7 miles of roadway. • Technical Memorandum for Village of Islamorada will include a summary of the existing available information provided by the county and the municipality that lists specific stormwater data as well as data coverage and specific infrastructure location. The technical memo will also include a summary table for the information gathered through desktop review, survey, and field verification of stormwater facilities for each roadway segment listed in the 69 miles of roadway. • All collected stormwater information and inventory will be available under corresponding GIS layers. 1.1.5. Environmental Assessment: Develop a database that covers the study limits and will first be populated with observable information obtained from desktop references such as: Google Earth aerial and street view imagery, United States Fish and Wildlife (USFWS) National Wetland Inventory (NWI) coverages, the Monroe County Canal Management Master Plan Database, and the Florida Natural Areas Index. Additionally, collection and review of municipalities available data and integrating information into the overall project GIS database. The municipalities are to provide available GIS data that entails a layer with information and location of existing environmental features. -9- 4939 DocuSign Envelope ID: B484684D-1041-4CB2-849C-5COC76E45F38 1.1.5.1. Desktop assessment 1.1.5.2. Field assessments as needed for clarification 1.1.5.3. Document information in GIS 1.1.5.4. Develop Technical Memorandum 1.1.5 Deliverables: • Technical Memorandum for the City of Layton will include a summary of the existing available environmental information provided by the municipality and information gathered through desktop review, and field assessment. • Technical Memorandum for the City of Marathon will include a summary of the existing available environmental information provided by the municipality and information gathered through desktop review, and field assessment. • Technical Memorandum for the City of Key Colony Beach will include a summary of the existing available environmental information provided by the municipality and information gathered through desktop review, and field assessment. • Technical Memorandum for Village of Islamorada will include a summary of the existing available environmental information provided by the municipality and information gathered through desktop review, and field assessment. • Information gathered will be used to map out the environmental areas/ natural resources throughout the County. All collected environmental information and inventory will be available under corresponding GIS layers. 2„ Task 2: Engineering Analysis 2.1. Storm Surge,Wind Waves, and Extreme Events Analysis: Conduct numerical modeling using MIKE21. The separate municipalities with spatial variability in terrain (topography, bathymetry, shoreline alignment, etc.)will each be a high- resolution domain. The models will be run for a range of seasonal and extreme storm conditions at each time increment to help forecast increased vulnerability over time. Sea level rise and seasonal water values determined under the Monroe County Roadway Vulnerability Analysis and Adaptation Plan would be applied. Water level values for extreme storm surge (hurricane flooding) will be obtained from published studies by FEMA, NOAA, or other sources. Bathymetry and topography will be obtained from existing sources (no field surveys are included). Where appropriate, the bathymetry in the models could be varied for certain time increments to reflect long-term erosion trends; erosion trends would be based on readily available published data from previous studies. Evaluation of the water surface elevations associated with extreme storms are a combination of sea level, storm surge, wind waves, and astronomical tides associated with Saffir-Simpson storm categories (1-5) for current storms and future storm scenarios at future SLR levels. Work with GIS to map information. The Roadway adaptation improvement projects are not -lo- 4940 DocuSign Envelope ID: B484684D-1041-4CB2-849C-5COC76E45F38 to be exclusively designed to withstand major storm and extreme events. 2.1.1. Data Collection 2.1.2. Conduct Modeling with MIKE21 2.1.3. Develop technical memorandum 2.1 Deliverables: • Technical Memorandum for the City of Layton will include a summary of the evaluation and recommendation of the storm surge, wind waves, and extreme events analysis for 2025, 2030, 2035, 2040, 2045, 2060, and 2100. • Technical Memorandum for the City of Marathon will include a summary of the evaluation and recommendation of the storm surge, wind waves, and extreme events analysis for 2025, 2030, 2035, 2040, 2045, 2060, and 2100. • Technical Memorandum for the City of Key Colony Beach will include a summary of the evaluation and recommendation of the storm surge, wind waves, and extreme events analysis for 2025, 2030, 2035, 2040, 2045, 2060, and 2100. • Technical Memorandum for Village of Islamorada will include a summary of the evaluation and recommendation of the storm surge, wind waves, and extreme events analysis for 2025, 2030, 2035, 2040, 2045, 2060, and 2100. • The SLR projections and King Tide Predictions in association with current and future storm scenarios will be referenced in the MIKE21 software to model water surface elevations. Modeling information will be integrated with GIS and simulation video/graphics will be produced for public and stakeholder outreach activities based on the need of each municipality. 2.2. Roads Vulnerability Assessment and Inundation Mapping: Conduct a SLR vulnerability study of the roads to tidal and surge flooding conditions. Develop a GIS-based vulnerability assessment model to identify and prioritize the Municipalities roadways at risk for adverse impacts due to climate change. The model will be developed in the Spatial Modelbuilder environment of Desktop ArcGIS 10.6.1 using the raster overlay tools in the Spatial Analyst extension. The first stage of the vulnerability modeling involves identifying the roadways within each of the municipalities that will be physically affected. There are five principal effects to consider: • Increase in Groundwater Elevation — As sea level rises, the Mean High High-Water (MHHW) groundwater elevation will also increase. Using the high-resolution LIDAR of the roadway surface and an estimate of future groundwater elevations, GIS model will identify those sections of roadway within each of the municipalities that will not have adequate clearance above the MHHW groundwater table. • Sea Level Rise Inundation—Roadways in low-lying areas near the coastline will be subject to more frequent, periodic inundation by high tides as sea level rise progresses over time. The GIS model will compare the LIDAR roadway elevation against the MHHW ocean elevation for each sea level rise scenario and time frame chosen for the study to identify -ll- 4941 DocuSign Envelope ID: B484684D-1041-4CB2-849C-5COC76E45F38 which streets within each of the municipalities will be subject to flooding under those conditions. • Storm Surge Inundation—The higher stand of the ocean elevation due to sea level rise will exacerbate the flooding induced by King tides and hurricane storm surge. GIS model will apply the storm surge elevations associated with the Hurricane Category most appropriate for the future sea level rise scenarios and time frames to identify those roadways within each of the municipalities at risk of inundation. • Projected Wave Impact — In coastal areas, wave action driven by onshore winds can severely damage buildings and infrastructure. For a given storm surge scenario, parts of the landscape with direct exposure to wind-driven waves will be more severely impacted than areas that are sheltered by intervening buildings or vegetation. • Roadway Existing Pavement Condition—Based on Pavement Condition Inventory (PCI) to be conducted under section 1.1.2. Roadways in Very Good condition can be presumed to be less vulnerable to degradation by SLR related impacts than roadways with Very Poor condition were presumed to be most vulnerable to future SLR impacts. A vulnerability flood score will be assigned to each one of 156 miles of the Municipalities roadway miles. All segments will be individually ranked based on their vulnerability flood score. Inundation mapping will be provided utilizing a GIS tool that is designed to looks at smaller scale areas of inundation. This tool will be used to focus in on smaller scale inundation mapping areas such as specific Key or geographic feature of interest. 2.2.1. Set up GIS Vulnerability Assessment Spatial Modelbuilder Model and all GIS data sets 2.2.2. Conduct meeting with the municipalities to establish vulnerability parameters and weight factors. 2.2.3. Conduct vulnerability assessment for 2025, 2030, 2035, 2040, 2045, 2060, and 2100. Generate Vulnerability Score for the 156 miles of municipalities road segments/locations. 2.2.4. Develop inundation maps for different scenarios. The municipalities and project areas within them will be categorized relative to flood exposure as well as critical areas. 2.2.5. Develop technical memorandum 2.2 Deliverables: • Technical Memorandum for the City of Layton will include a summary of the applicability and operation of the GIS model, vulnerability analysis methodology, the inputs it requires and the outputs it generates, and a vulnerability flood score for the municipality's 2 miles of roadways. Inundation maps that cover all the municipality's roadways will be prepared for 2025, 2030, 2035, 2040, 2045, 2060, and 2100. • Technical Memorandum for the City of Marathon Layton will include a summary of the applicability and operation of the GIS model, vulnerability analysis methodology, the inputs it requires and the outputs it generates, and a vulnerability flood score for the municipality's 78 miles of roadways. Inundation maps that cover all the municipality's roadways will be prepared for 2025,2030,2035,2040,2045,2060, and -12- 4942 DocuSign Envelope ID: B484684D-1041-4CB2-849C-5COC76E45F38 2100. • Technical Memorandum for the City of Key Colony Beach will include a summary of the applicability and operation of the GIS model, vulnerability analysis methodology, the inputs it requires and the outputs it generates, and a vulnerability flood score for the municipality's 7 miles of roadways. Inundation maps that cover all the municipality's roadways will be prepared for 2025,2030,2035,2040,2045,2060, and 2100. • Technical Memorandum for Village of Islamorada will include a summary of the applicability and operation of the GIS model, vulnerability analysis methodology, the inputs it requires and the outputs it generates, and a vulnerability flood score for the municipality's 69 miles of roadways. Inundation maps that cover all the municipality's roadways will be prepared for 2025, 2030, 2035, 2040, 2045, 2060, and 2100. • Inundation analysis data will be available under corresponding GIS layers. 2.3. Prioritization of Roadway Segments based on Vulnerability Assessment: Development of a flexible scheme based on the results from the vulnerability analysis conducted through the GIS-based vulnerability assessment model and information gathered from the municipalities decision makers and policy administrators. Following the identification of at- risk roadways, GIS model will evaluate the criticality of the roadways affected based on a variety of engineering, environmental, cultural, and emergency response factors. Each factor would be assigned a weight in the GIS model that could be adjusted to reflect their relative importance as determined following coordination with the Municipalities. While the Vulnerability Assessment determined the extent to which each asset is at risk from new conditions arising from climate change, the Criticality Assessment was a community- based assessment of the importance of each infrastructure asset. The following steps occurred during the Criticality Assessment: Prepare List of Criticality Factors — Identify a short list (5 — 10) of factors that would affect the relative importance of an infrastructure asset. For example, all else being equal, a fire hydrant next to a hospital is more critical to the community than a fire hydrant located next to an empty lot. The Criticality Factors identified for the County project are being recommended to be used for the Municipality assessment. a. Number of Residential Units Per Road Segment b. Roadways Associated With Critical Facilities (Police, Fire, Hospital) c. Non-Residential Parcel Building Size d. T&E and Focus Species Values Associated With Road Segment e. Wetlands Associated With Road Segment f. Roadway Functional Class and Evacuation Routes 2.3.1. Develop materials for team internal working meeting. 2.3.2. Conduct working meeting with each municipality to conduct prioritization exercise and document the provision of additional input and/or data. Prioritization exercise will define highest ranked roadway segments/locations in each municipality will be recommended for concept development evaluation. -13- 4943 DocuSign Envelope ID: B484684D-1041-4CB2-849C-5COC76E45F38 2.3.3. Develop technical memorandum 2.3 Deliverables: AN Technical Memorandum for the City of Layton will include a summary of the results and input from the flexible scheme analysis,list of roadway segments within the 2 miles of roadway recommended to move forward with adaptation improvements, and prioritization schedule. AN Technical Memorandum for the City of Marathon will include a summary of the results and input from the flexible scheme analysis, list of roadway segments within the 78 miles of roadway recommended to move forward with adaptation improvements, and prioritization schedule. AN Technical Memorandum for the City of Key Colony Beach will include a summary of the results and input from the flexible scheme analysis, list of roadway segments within the 7 miles of roadway recommended to move forward with adaptation improvements, and prioritization schedule. • Technical Memorandum for Village of Islamorada will include a summary of the results and input from the flexible scheme analysis, list of roadway segments within the 69 miles of roadway recommended to move forward with adaptation improvements, and prioritization schedule. 3. Task 3: Flood Mitigation Concept Development Develop general flood mitigation concepts for the roadway segments/locations recommended as a result from the Prioritization of Roadway Segments. Concepts to consider potential phasing of future adaptation and evaluation for opportunities to implement green infrastructure and green road solutions. 3.1. Design 3.1.1. Roadway Design: Criteria and Standards: Define roadway criteria and standards to be used in the evaluation based on roadway category. Development of typical section and identification of proposed non-compliant elements. Green Infrastructure and Green Road Solutions: Worldwide case studies will be evaluated to determine innovative solutions that complement the green engineering design. Specific solutions will be provided with the conceptual road designs. Incorporation of recreational opportunities will also be considered as part of the adaptation improvements evaluation and recommended where applicable and feasible to implement and specific solutions will be provided. Consideration of available roadside undeveloped municipalities owned parcels of land will be evaluated for stormwater management and recreational opportunities. Permeable asphalt surfaces, underground stormwater collection systems, and/or bio-swales are some options that will be considered as part of green engineering solutions. Pavement Design: Develop two general reconstruction pavement design recommendations. Requires soil boring and pavement cores at certain locations (Geotechnical efforts included under Task 1) and review of FDOT traffic count stations if available. One design with limerock base and one with asphalt base. -14- 4944 DocuSign Envelope ID: B484684D-1041-4CB2-849C-5COC76E45F38 Utilities: Establish potential impacts with proposed roadway improvements. Scope does not include sub surface utility engineering. Maintenance of Traffic: Evaluate the MOT for proposed improvements to identify challenges and applicable MOT level in accordance with the FDOT Design Manual. Signing and Pavement Marking: Evaluate potential signing and marking to determine if specific challenges or issues arise from corresponding adaptation improvements. Landscape: Assessment for existing tree or vegetation impacts as well as identify specific locations that would require the restoration or addition of new landscape to help mitigate erosion and/or compliment the aesthetics of the residential areas based on proposed improvements. 3.1.2. Stormwater Design: Conduct a criticality/prioritization analysis of storm water infrastructure in conjunction with the vulnerability assessment. Evaluate existing infrastructure operation and recommendations to improve the system against degree of flooding and ability to efficiently remove the water trapped as a result of increased elevation of roadways and infrastructure. Evaluation to be based on available published precipitation data, as well as the anticipated rise in sea-level over the next fifty years. Hydraulic modeling is not included as part of the scope. Analyze additional alternatives to solving potential flooding/drainage problems other than road elevation. 3.1.3. Evaluation of Existing Bridges: Evaluation of existing bridges located along roadway segments that are being recommended for adaptation improvements using existing available inspection reports. This task does not include field bridge inspections. Determine whether bridges can be modified or need to be replaced based on location, type of bridge, current conditions, adaptation improvements, and SLR impacts. 3.1.4. Develop roadway and drainage concept plans including typical section, plan layout, and specific details. 3.1.5. Develop technical memorandum 3.1 Deliverables: • Technical Memorandum for the City of Layton will include summary of design decisions and overview analysis of the recommended improvements for the roadway segments/locations recommended as a result from the Prioritization of Roadway Segments. Concept Plans including roadway typical sections and roadway/stormwater plans. Bridge adaptation improvements will be provided with applicable roadway segments. • Technical Memorandum for the City of Marathon will include summary of design decisions and overview analysis of the recommended improvements for the roadway segments/locations recommended as a result from the Prioritization of Roadway Segments. Concept Plans including roadway typical sections and roadway/stormwater plans. Bridge adaptation improvements will be provided with applicable roadway -15- 4945 DocuSign Envelope ID: B484684D-1041-4CB2-849C-5COC76E45F38 segments. • Technical Memorandum for the City of Key Colony Beach will include summary of design decisions and overview analysis of the recommended improvements for the roadway segments/locations recommended as a result from the Prioritization of Roadway Segments. Concept Plans including roadway typical sections and roadway/stormwater plans. Bridge adaptation improvements will be provided with applicable roadway segments. • Technical Memorandum for Village of Islamorada will include summary of design decisions and overview analysis of the recommended improvements for the roadway segments/locations recommended as a result from the Prioritization of Roadway Segments. Concept Plans including roadway typical sections and roadway/stormwater plans. Bridge adaptation improvements will be provided with applicable roadway segments. 3.2. Environmental and Permitting: Conduct environmental impact assessment and identify required permitting with respect to proposed scope and roadway adaptation recommendation. Compare the recommended roadway adaptation improvements with the information obtained during the desktop survey to develop a subset of roadways that have protected resources or locations that could affect the permitting of the proposed strategy. The results of the evaluation will be included as part of the database. Based on the findings of the desktop review and the recommended adaptation improvement locations, the team will conduct site visits to a subset of roadways that are likely to have ecological constraints that would require additional permitting through the following agencies: o United States Army Corps of Engineers, o USFWS - Consultation o NMFS —Consultation o Department of Environmental Protection o South Florida Water Management District, o Florida Keys National Marine Sanctuary, and o Monroe County, FL. The limited assessment will document the presence of water resources, mangroves, and special status species for designated roadways per section 1.1.5. Personnel will also investigate the site for the purpose of identifying water control structures. For roadways whose strategy involves the installation or modification of water control structures, the limited site evaluation will involve the performance of in-water inspections for up 20 sites where Outstanding Florida Waters could be affected. The performance of in-water surveys will be based on need and site conditions. During each site visit, professional staff members will take notes on observed conditions, photos of protected resource or structures that may influence the permitting process, and document whether the road serves residences or commercial enterprises. The information obtained during the survey will be added to the GIS database. The proposed database will be populated with information obtained during the desktop and limited site assessment activities. The information obtained from the field exploration will be used to evaluate permitting requirements relative to the proposed resiliency recommendation. Furthermore, the database will identify which permits and permitting agencies may have jurisdiction based on the -16- 4946 DocuSign Envelope ID: B484684D-1041-4CB2-849C-5COC76E45F38 proposed strategy. 3.2 Deliverables: • Technical Memorandum for the City of Layton will include a summary of the Environmental analysis conducted based on the adaptation improvements. The footprint as well as the anticipated consequences of the adaptation improvements will be evaluated against the desktop survey and field assessment to develop a subset of roadways that have protected resources or locations that could affect the permitting of the proposed strategy. A list of anticipated permits for the proposed improvements along the prioritized roadway segments will be provided. • Technical Memorandum for the City of Marathon will include a summary of the Environmental analysis conducted based on the adaptation improvements. The footprint as well as the anticipated consequences of the adaptation improvements will be evaluated against the desktop survey and field assessment to develop a subset of roadways that have protected resources or locations that could affect the permitting of the proposed strategy. A list of anticipated permits for the proposed improvements along the prioritized roadway segments will be provided. • Technical Memorandum for the City of Key Colony Beach will include a summary of the Environmental analysis conducted based on the adaptation improvements. The footprint as well as the anticipated consequences of the adaptation improvements will be evaluated against the desktop survey and field assessment to develop a subset of roadways that have protected resources or locations that could affect the permitting of the proposed strategy. A list of anticipated permits for the proposed improvements along the prioritized roadway segments will be provided. • Technical Memorandum for Village of Islamorada will include a summary of the Environmental analysis conducted based on the adaptation improvements. The footprint as well as the anticipated consequences of the adaptation improvements will be evaluated against the desktop survey and field assessment to develop a subset of roadways that have protected resources or locations that could affect the permitting of the proposed strategy. A list of anticipated permits for the proposed improvements along the prioritized roadway segments will be provided. • Environmental analysis and field assessment information will be made available through corresponding GIS layers. 3.3. Surveying and Mapping: Collect additional ground survey, right-of-way and other site and/or private property limits based on proposed improvements and specific locations along the prioritized roadway segments. Right-of-way survey and data received to be used for identification of potential encroachments on to private property. 3.3.1. Perform research to obtain property plat(s) and deed(s) of record adjacent to each subject area. Obtain record right-of-way width from County or State authority and -17- 4947 DocuSign Envelope ID: B484684D-1041-4CB2-849C-5COC76E45F38 right-of-way plans of record, if available. Also research relative utility easement information. 3.3.2. Plot and mosaic record plans and deeds in MicroStation (CAD), overlay on existing orthophotography. 3.3.3. Conduct field surveys to locate boundary and right-of-way evidence called-for on plans of record, evidence found existing in the field and physical and man-made features required to determine boundary, right-of-way and easement lines that impact the subject area where potential right-of way impacts require further verification. 3.3.4. Resolve final boundary, right-of-way and easement lines from mosaic and field surveyed evidence and deliver in MicroStation (CAD) 3.3 Deliverables: • MicroStation (CAD) Right-of-way files for the City of Layton • MicroStation (CAD) Right-of-way files for the City of Marathon • MicroStation (CAD) Right-of-way files for the City of Key Colony Beach • MicroStation (CAD) Right-of-way files for Village of Islamorada 3.4. Cost Estimates: Develop conceptual roadway cost estimates for preliminary design concepts using the FDOT published Historical Unit Cost. Coordination with the municipalities will also be conducted for review of recent County project bid tabs and construction prices. A percentage value will be assigned for other design components such as Signing and Pavement Marking and MOT. 3.4.1. Conduct meeting with the County and municipalities for review of unit prices and additional input. 3.4.2. Develop quantities and cost estimates 3.4.3. Develop technical memorandum 3.4 Deliverables: • Conceptual Construction Cost Estimate for the City of Layton identified projects. • Conceptual Construction Cost Estimate for the City of Marathon identified projects. • Conceptual Construction Cost Estimate for the City of Key Colony Beach identified proj ects. • Conceptual Construction Cost Estimate for Village of Islamorada identified projects. 4. Task 4: Policy, Regulatory, Legal and Funding Review existing policies and regulations in place and how they will be impacted by proposed adaptation improvements. Conduct evaluation and identify funding and grant opportunities. Develop specific funding alternatives. The submittal of the documents has been divided into two (2) groups. The first group that consists of the Future Growth, Roads Liability, and Level of Service will be completed and submitted prior to the Prioritization Exercise Workshop Meeting with the municipalities. The second group of documents consists of Road Adaptation -18- 4948 DocuSign Envelope ID: B484684D-1041-4CB2-849C-5COC76E45F38 Approaches, Implementation, Guidance, and Transportation as a Whole will be completed and submitted prior to the development of the Adaptation Plan. Documents that will be produced: i. Future Growth: Policy paper on population projections and growth potential and other current or future policies impacting growth and development for years 2030, 2060 and 2100. Analyze existing information regarding population projections and growth patterns related to unit allocations, growth policy, land acquisition, and flows of recovery funds from Hurricane Irma. ii. Roads Liability: Legal memorandum to include in depth discussion of road ownership and responsibility for maintenance upgrades. Include information regarding legal and policy obligations to meet various goals such as ongoing maintenance, reasonable access, and/or consideration of upgrades to address future conditions. Review of case law, statutes and case studies. Provide new information not previously provided to County or municipalities. iii. Level of Service: Legal memorandum for level of service determinations that include legal and policy implications of establishing level of service that go beyond the traditional notion of road capacity for traveling vehicles. Includes recommendations and pros/cons for various approaches and focuses on information not previously provided to the County or municipalities. iv. Alternative Funding Strategies: Policy memorandum for funding structures. Review of bonding, grants, and other capital planning tools.A list of available grants will be provided and the benefits for corresponding funding opportunities. A separate detailed analysis will be provided for all funding alternatives to pay for the road adaptations. V. Implementation:Prepare draft Ordinance and/or other policy implementation framework. Work with County and municipalities to manage public perceptions and expectations on future level of service that the municipalities may provide. Task 4: Deliverables: In-depth policy and legal analysis documents on future growth,roads liability, level of service, alternative funding strategies, and ordinance for each municipality. 5. Task 5: Public and Stakeholder Outreach Plan 5.1 The public/stakeholder outreach plan will establish the tasks and the overall schedule of the project that will entail corresponding meetings/presentations and shall be prepared in coordination with the County and municipalities. Public outreach will be maintained throughout the life of the project through the use of virtual webinars and briefings,websites, email blasts, and social media. Additional outreach activities (meetings/workshops/briefings), as listed below,to specific groups outside of the major milestone date will be conducted based on specific needs for each municipality. 5.2 The milestone date will be established after Roads Implementation Plan is completed. By this date all legal and policy documentation, vulnerability/criticality assessments, all conceptual designs including cost estimates, and adaptation improvements plan will have been completed. Presentation, graphic boards, interactive GIS maps, and modeling video clips in conjunction with handouts will be used. -19- 4949 DocuSign Envelope ID: B484684D-1041-4CB2-849C-5COC76E45F38 5.3 Public/Stakeholder Outreach Activities: • 1 set public meetings in each municipality (4 meetings) • 1 Deliverable review meeting with each municipality (4 meetings) • Briefings to elected officials (A max of 1 round of meetings per municipality) (4 meetings) • Senior Management Meeting Presentations (A max of 1 round of meetings per municipality) (4 meetings) • Coordination with FDOT and other relevant agencies for studies and projects along SR 5/Overseas Highway Task 5. Deliverables: For each municipality the CONSULTANT will prepare for and set up all in-person or virtual public meetings, prepare press releases for the County and municipalities to issue, issue email blasts, prepare and manage social media, prepare and manage online survey tools, and documentation of meeting minutes/comments. Additionally, the CONSULTANT will prepare Power Point Presentations, Graphics (Boards/images), handouts, and provide GIS support. Two (2) persons at a minimum from the team are to attend Public/Stakeholder outreach activities. A monthly report will be prepared summarizing outreach activities,including the number of stakeholders and members of the public reached through email,the number attending the public meetings,a copy of the outreach materials, and a list of public comments received through any outreach method. 6. Task 6: Final Report and Roads Implementation Plan Develop a regional,comprehensive,and integrated roads adaptation plan for each municipality based on the results and guidance from previous tasks. Determine schedule on when corresponding adaptation improvements are required to be implemented. The plan schedule will be dynamic to accommodate updates based on actual information vs projected information. Report to include: 1. Vulnerability Analysis and road adaptation recommendations 2. GIS Data sets and maps 3. Engineering Designs/Concept Plans including Green roads and Recreational Opportunities and recommendations 4. Policy and regulatory requirements 5. Summary of Public/stakeholder involvement engagement effort 6. Implementation Program Final presentation to each municipal council outlining the implementation work plan recommendations and lessons learned throughout the study process. Members of the presentation team shall include the project manager, the environmental lead, the outreach/policy lead, the green roads lead, and the funding alternatives lead. Task 6. Deliverables: -20- 4950 DocuSign Envelope ID: B484684D-1041-4CB2-849C-5COC76E45F38 • Final Report and Roads Implementation Plan for the City of Layton. • Final Report and Roads Implementation Plan for the City of Marathon. • Final Report and Roads Implementation Plan for the City of Key Colony Beach. • Final Report and Roads Implementation Plan for Village of Islamorada. -21- 4951 DocuSign Envelope ID: B484684D-1041-4CB2-849C-5COC76E45F38 Exhibit B-8 Monroe County Roadway Vulnerability Analysis and Capital Plan Monroe County Municipalities Roadway Vulnerability Analysis Delivery Schedule Revised—November 28, 2023 The following tasks with associated delivery schedules are added through this Amendment. All other tasks from Exhibit B in the original Agreement as well as Exhibits B-1, B-2, B-3, B-4, B-5, B-5A, and B-6 in prior amendments, remain unchanged. Required Services Scope of Work (Deliverables) Amount Due Date Lum Sum 1.1.1 GIS Database setup and Initial Elevation Analysis: $13,308.97 2/1/2024 Technical Memorandums will include the description of the screening analysis process for the evaluation of the existing ground information (LiDAR Data) and the existing mean high- water elevations to determine the critical and non-critical roadway segments. A summary of the results will be provided, and a GIS map layer will be developed that will depict all municipality roadway segments with different colors assigned based on the range of elevations and mean high water elevation clearance they fall under. Technical Memorandum for Village oflslamorada $5,900.51 Technical Memorandum for the City ofMarathon $6,465.53 Technical Memorandum for the City ofLayton $ 290.86 Technical Memorandum for the City ofKey Colony Beach $ 652.07 1.1.2 Site Assessment and Condition Survey: Technical $62,562.51 3/1/2024 Memorandums will include a summary of the criteria established for assessments and a table listing sections assessed with a rating of"poor, fair, and good"based on current condition for all roadway segments identified in Exhibit A. The results of the existing pavement assessment will be presented in tables and also available through GIS maps. Additionally, through predictive modeling and the use of the existing pavement assessment data, a summary of the forecasted year of terminal life for each roadway segment will presented in a table format and graphical presentation of network condition transition by year. Technical Memorandum for Village oflslamorada $27,674.30 Technical Memorandum for the City ofMarathon $31,314.63 Technical Memorandum for the City ofLayton $ 958.11 Technical Memorandum for the City ofKey Colony Beach $ 2,615.47 -22- 4952 DocuSign Envelope ID: B484684D-1041-4CB2-849C-5COC76E45F38 1.1.3 Roadway Data: Technical Memorandums will include a $89,185.81 4/1/2024 summary of the existing available information provided by the county that lists specific geotechnical, roadway, and utility data as well as data coverage and specific infrastructure location. The technical memo will also include a summary table for the information gathered through desktop review and field verification of specific roadway characteristics, roadway functional classification,posted speed, typical section description, intersections/side streets, driveway access points, Critical Facilities, and bridges for each roadway segment listed in exhibit A. All collected roadway information and inventory will be available under corresponding GIS layers. Includes Geotechnical data. Technical Memorandum for Village oflslamorada $39,527.05 Technical Memorandum for the City ofMarathon $44,424.54 Technical Memorandum for the City ofLayton $ 1,251.20 Technical Memorandum for the City ofKey Colony Beach $ 3,983.02 1.1.4 Stormwater Structures: Technical Memorandums will $19,024.18 4/1/2024 include a summary of the existing available information provided by the county that lists specific stormwater data as well as data coverage and specific infrastructure location. The technical memo will also include a summary table for the information gathered through desktop review, survey, and field verification of stormwater facilities for each roadway segment listed in exhibit A. All collected stormwater information and inventory will be available under corresponding GIS layers. Technical Memorandum for Village oflslamorada $8,399.85 Technical Memorandum for the City ofMarathon $9,206.88 Technical Memorandum for the City ofLayton $ 479.65 Technical Memorandum for the City ofKey Colony Beach $ 937.80 1.1.5 Environmental Assessment: Technical Memorandums $4,995.98 4/1/2024 will include a summary of the existing available environmental information provided by the municipalities and information gathered through desktop review, and field assessment. Information gathered will be used to map out the environmental areas/natural resources throughout the County. All collected environmental information and inventory will be available under corresponding GIS layers. Technical Memorandum for Village oflslamorada $2,239.59 Technical Memorandum for the City ofMarathon $2,373.59 Technical Memorandum for the City ofLayton $ 124.40 Technical Memorandum for the City ofKey Colony Beach $ 258.40 -23- 4953 DocuSign Envelope ID: B484684D-1041-4CB2-849C-5COC76E45F38 2.1 Storm Surge,Wind Waves, and Extreme Events $49,873.19 6/1/2024 Analysis: Technical Memorandums will include a summary of the evaluation and recommendation of the wind wave analysis for 2025, 2030, 2035, 2040, 2045, 2060, and 2100. The SLR projections and King Tide Predictions in association with current and future storm scenarios will be referenced in the MIKE21 software to model water surface elevations. Modeling information will be integrated with GIS and simulation video/graphics will be produced for public and stakeholder outreach activities. Technical Memorandum for Village oflslamorada $22,109.93 Technical Memorandum for the City ofMarathon $24,950.57 Technical Memorandum for the City ofLayton $ 698.41 Technical Memorandum for the City ofKey Colony Beach $ 2,114.28 2.2 Vulnerability Assessment and Inundation Mapping: $90,553.24 9/1/2024 Technical Memorandums will include a summary of the applicability and operation of the GIS model, criticality analysis methodology, the inputs it requires and the outputs it generates, and a vulnerability flood score for the County roadways identified in Exhibit A. Inundation maps that cover all the County roadways identified in Exhibit A will be prepared for 2025, 2030, 2035, 2040, 2045, 2060, and 2100. Inundation analysis data will be available under corresponding GIS layers. Technical Memorandum for Islamorada $40,140.21 Technical Memorandum for the City ofMarathon $45,392.96 Technical Memorandum for the City ofLayton $ 1,106.27 Technical Memorandum for the City ofKey Colony Beach $ 3,913.80 2.3 Prioritization of Roadway Segments based on $26,287.40 12/1/2024 Vulnerability Assessment: Technical Memorandums will include a summary of the results and input from the flexible scheme analysis, list of#TBD of roadway segments recommended to move forward with adaptation improvements, and prioritization schedule. Technical Memorandum for Village oflslamorada $11,648.90 Technical Memorandum for the City ofMarathon $12,934.56 Technical Memorandum for the City ofLayton $ 370.59 Technical Memorandum for the City ofKey Colony Beach $ 1,333.35 3.1 Design: Technical Memorandums will include summary of $187,655.28 5/1/2025 design decisions and overview analysis of the recommended improvements for the #TBD roadway segments/locations recommended as a result from the Prioritization of Roadway Segments. Concept Plans including roadway typical sections and roadway/stormwater plans will be included. Bridge adaptation improvements will be provided with applicable roadway segments. Technical Memorandum for Village oflslamorada $83,727.89 -24- 4954 DocuSign Envelope ID: B484684D-1041-4CB2-849C-5COC76E45F38 Technical Memorandum for the City ofMarathon $94,590.32 Technical Memorandum for the City ofLayton $ 1,626.99 Technical Memorandum for the City ofKey Colony Beach $ 7,710.08 3.2 Environmental and Permitting: Technical Memorandum $39,268.61 5/1/2025 will include a summary of the Environmental analysis conducted based on the adaptation improvements. The footprint as well as the anticipated consequences of the adaptation improvements will be evaluated against the desktop survey and field assessment to develop a subset of roadways that have protected resources or locations that could affect the permitting of the proposed strategy. A list of anticipated permits for the proposed improvements along the #TBD roadway segments will be provided. Environmental analysis and field assessment information will be made available through corresponding GIS layers. Technical Memorandum for Village oflslamorada $17,414.77 Technical Memorandum for the City ofMarathon $19,816.14 Technical Memorandum for the City ofLayton $ 379.97 Technical Memorandum for the City ofKey Colony Beach $ 1,657.73 3.3 Surveying and Mapping: MicroStation (CAD) Right-of- $90,512.06 5/1/2025 way files for the TBD roadway segments. MicroStation (CAD)Right-of-way files for Village of $40,443.08 Islamorada MicroStation (CAD)Right-of-way files for the City of $45,800.84 Marathon MicroStation (CAD)Right-of-way files for the City ofLayton $ 610.81 MicroStation (CAD)Right-of-way files for the City ofKey $ 3,657.33 Colony Beach 3.4 Cost Estimates: Develop conceptual roadway cost $80,744.72 6/1/2025 estimates for preliminary design concepts. Technical Memorandum for Village oflslamorada $35,937.10 Technical Memorandum for the City ofMarathon $40,702.99 Technical Memorandum for the City ofLayton $ 738.19 Technical Memorandum for the City ofKey Colony Beach $ 3,366.44 Task 4 Deliverable: In-depth policy and legal analysis $25,315.25 6/1/2025 documents on future growth, roads liability, level of service, and ordinance. Technical Memorandum for Village oflslamorada $ 11,097.44 Technical Memorandum for the City ofMarathon $ 12,345.84 Technical Memorandum for the City ofLayton $ 487.56 Technical Memorandum for the City ofKey Colony Beach $ 1,384.41 -25- 4955 DocuSign Envelope ID: B484684D-1041-4CB2-849C-5COC76E45F38 Task 5—Public and Stakeholder Outreach Plan: The $95,556.21 2/1/2025 consultant will prepare for and set up all in-person or virtual public meetings,prepare press releases, issue email blasts, prepare and manage social media,prepare an manage online survey tools, and documentation of meeting minutes/comments. Additionally, the CONSULTANT will prepare Power Point Presentations, Graphics (Boards/images), handouts, and provide GIS support. Two (2)persons at a minimum from the team are to attend Public/Stakeholder outreach activities. A monthly report will be prepared summarizing outreach activities, including the number of stakeholders and members of the public reached through email, the number attending the public meetings, a copy of the outreach materials, and a list of public comments received through any outreach method. Public and Stakeholder Outreach Plan for Village of $40,762.99 Islamorada Public and Stakeholder Outreach Plan for the City of $47,052.62 Marathon Public and Stakeholder Outreach Plan for the City ofLayton $ 2,076.89 Public and Stakeholder Outreach Plan for the City ofKey $ 5,663.71 Colony Beach 6.1 Develop Implementation Plan: Develop a regional, comprehensive, and integrated roads adaptation plan based on $29,916.78 8/1/2025 the results and guidance from previous tasks. Determine schedule on when corresponding adaptation improvements are required to be implemented. Implementation Plan for Village oflslamorada $13,026.70 Implementation Plan for the City ofMarathon $15,090.67 Implementation Plan for the City ofLayton $431.15 Implementation Plan for the City ofKey Colony Beach $1,368.26 6.2 Prepare Final Report and Final Presentation to $37,497.74 9/1/2025 Municipalities: Final Report that includes Vulnerability Analysis and road adaptation recommendations, GIS Data sets and maps, Engineering Designs/Concept Plans, Policy and regulatory requirements, Summary of Public/stakeholder involvement engagement effort, and Implementation Program. Final presentation to the County (BOCC) outlining the implementation work plan recommendations and lessons learned throughout the study process. Final presentation is to include Visioning graphics and evaluation Final Report and Presentation for Village oflslamorada $16,718.53 Final Report and Presentation City ofMarathon $18,669.17 Final Report and Presentation for the City ofLayton $ 448.82 Final Report and Presentation for the City ofKey Colony $ 1,661.22 Beach -26- 4956 Request to Abandon Right-of-Way Applicant: Sam Stoia/Key Largo Family Trust, LLC/My Family Commissioners :Monroe County Board of County Agenda Item R8 Senior Director of Planning & Environmental Portion of East First St. and East Second St. f I� o �i 911�i I IV "gye I m w, e m n� i r N/ !1 0 00, / Portion of East First St. and East Second St. U'.44 U.) ...... ... . ..................... ......... N, ............. J)C,ATION MAP N. IV .... .......) . . .......... ........... .......... �7�w, ........... wv�,,�... ............. Portion of East First St. and East Second St. roa � � r m J rVk ............ ,.�� �. ffi[IW"mr °14 r Vii1. ..q w wL�f x f 4r u✓ I �i off ,,, „�. NNN101�911MI1VW01@I!9b01'�IWIVIOIVIVNNIVIOMVIVIIDftlpl�!4nIIIIIIIIIOIIIIIImIIIIIIIInN1010�yN'M1pllDh''1NII!4mNUUI ILY'ItiIWS4411My�u,',u'.'.�llNlll tl�uNlM�aI UNON ONIE�WUW:�ID!W'AM1W:W,W41��IWNIPGO'�I�`V019bflVIVINUIUIUIIWIImW:WNW r. I f 1� k y k. m P r da w L N Div 11 V �n f IIUUUUUUUUUUUUUUUU��IUU�IU�IU�IU�IU�IU�IU�IU�INYOIWOIWOIOUIOUIOUIOUIOp0111111111111111111111NINYIIIIIIIIIIIIIl0 111 0 111 0 11�,W1➢011101110111044WOIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIWIu11441VIVIVIIVIVIVMOMOM@.'' � '� ,;. 9 " 4� a W s ,„..,, . ui 1 j may; �a�uW a ... r ,,, ¢ a VfV9Vf�W��NPV�9uffrt�furtfrtff�9lNR................ aW ............. T-turnarounds as agreed with Fire Marshal _----__ __ --- __. ....... ........ ....... .... 0 —————— ——————— + &!«way a.+,w.n FGfWhSFWNE.i T-TL:�M1VJAOJ^!P ryi a o'9y 1 { xu ll J — n.,vn ... ,,,�;a 3 B ..«x�.dlkw B �, J" `•,, .. ,,m.. �"r... d YY „ '"- � 4 a ry .. "✓ 'L..�,. ; Fj t ,J . Ji41 cf io ' . S —J —— — — - — — ——— .............,,,,,,, r , i -D i�i �� _. .. �B .... E.1 S 1- mm, "� `Y........,,.,.... ........... m� b .aw m awm ind A6EN= ............. f,7 a � ace r^L... .. .... . . �.. �`.... + u �.. y�"' r<�wr�s��✓a.rr rcru'i4un o� ... .., V SYNYSS�G.Y Ci.G,MJ'�t(ThTJ • � � � I a u�� I Location: E. 1st Street and a Portion of E. 211 Street, Key Largo Property Owner/Applicant: My Family Trust 12/4/2012 and Key Largo Family Trust LLC Agent: SMITH/HAWKS, PL Barton W. Smith, Esq./ Jess Miles Goodall, Esq. Total ROW Area: 31,825 sq. ft. i irr i o u� le w r a„ f1 `'r i e • Applicant is requesting the abandonment of a portion of E. 2nd Street (As shown as "Area 1" on • Slide 5) • Applicant is requesting the re-abandonment of a • _ • _ portion of E. 2nd Street (As shown as "Area 2" on Slide 5) • Applicant is requesting the re-abandonment of E. 1 st Street (as shown as "Area 3" on Slide 5) v + t I i �h i oll u � V / " VNIU i x rfI �r � Joe,',, I � N I I I. I„ VI� � 'n;; .1 I,.�r i, �/� ,. �•r"i� ��.�� I " „ ,�, Yl/lu; '�. �� `;,. �i III �. ,;,,. ��� �� I Vf �I'V�l����h '�bi Right-of-Way Lega l AREA NO, 'I Description I hal 1r0ion(A East 2nd Stfeet exteodhig over and acx,:;ros�the North 50 feet cAt Lots 3,4, 5,6,7 and 8,[Yoick 4,ntl"'MANDAIJVY", alu.0fIngto 11,10 plat lhe of,�',is woold'e'IJ 4,1 PW Book, 1d Flag '194,of N',,Pubk;Records of Mono Coonty,Hci6,d& 1,34d porlion of East 2nd Sirpet being bounded v the Noflh by Ifie Scx,Miedy bo mdxy hne of Blod 3,of MANDALAY,auvdng to 9te ptal lhm,eof,as recorded tn,PW Book. 1,Peon 194,cl)f Ric,Puhk Records of Monroe County, bunded inn,Uv South bytllw Ncxthefty Ituuururudary tmw of said,Mock�41,bour'Ood on theWesl by the ex'Wris on(A the Southwiestedyhno of sans Lot'3,twn'ded on the East bytl'�e extensimi ot the NwIlleasterly kne of said Lot 8 Corav tnq 15,(X)0 sq,'ft, AREA NO,2 That IpouWru of East 2nd'Street exWmhng never and accn)ss Ifle*wth 510 feet of Lois i and 2,Bjock4,i)fl"MANDALAY",aQw,ding to 1110 f4m therfsof,as reowded 0,Plat Rook 1,Page 194, of Me Puhhc Records of thrme County,Florida, Saud porlO,n of • LEGAL DESCRIPTION: ["asi 2fld Street being boiunrW on the Notlh by ffie Riulhedv I'Mum"Jary kne n')f Hkx* 13,cI MANDALAY,acrcwrrding to the Ipfat ffiefectf, as felcorded in f"Wit Book 1,Page 1941,of thu IFluubkc Reords of Marmole Cowify,F londa,txunded on the South by the Northerly buwidaiy qrw of uakl[M0,4,bou,wded i,')n fl*iNest by,Ifie exiension 0 Vh,e Southwestedy tine of sad Lot'I,bound on the Eas� 1,-)ly iho oxiimvsuov of the NotiheavOy We ic'A&Md Loll Cmla4tng aft pioxirnaWy 6,557 Sq fl, AREA INO 3 ThW poidion of Clint 1st Stirpet,exiending(averr and accross vie Soulh 50 feet of t os 30,31,32 wind 33,Hloc*2, WANDALAY",, accur&riq to the pWlhered,as worded inRM Bic,*k I„Page 194,of the Puhhc 1-?e,'Ord s of Mon((*County,f kwida SAId J.'Ortkon o Lao Ist Slwet beirqji bouii'Wed on Orie Nirmlh Iby ffw Soruqipfly bc)und,ary I0ne of Mock 2,c)1 t"dANW4,Ayr Auxodiing to the Mat thereof,as recarded in Plat Book 1, Page 194,of the Public Rewrds of Monroe County, FIDIrida,bounded on ffie South by tho Nohady bouridary di ne 04d Moc ,bounded onm the West by the extenskm of the Soolhwetoefly finu of said,Lc ,bounded on the East by Ihe extenston M Me Norlheasterlj Rie oftaid I w 30, Corrlahi�ng appilounalely 10,2(58 sq,fl. Right-of-Way Abandonment VWA h, 110M, '% I AWAA00", Ww Y)1,&, fal T �± d xIA '�; f l N U1Y�ryp w aIANIVI UMYI rvi wl,.,�6b"u ,P✓I'"JY°II MiiG—VA 6AM M>A ttmw IL E1r,,.XUMZfi my' w e � " I e i t iti i„�Yl IAwIi.Wd.J Jk 1w4..P ,LrM' r .�., lbl imo.OV 0 �u'� rMW�IuI d+�,y$% 1M wrt ? 2 1 9 41, 6 m n , �ra ' u m q yy, 4 ! ' r a y rp /'Area No,� i g I f 2 f n� e t s J"o Area, ". ,, x„ ( y'&.. h ;e ;;v,4aliiPo•M 'e F _ _. .. _ _ l .. .�... „.......,"„ e ,,,�, I' r N , W n+NWr r wu'dN✓ � Id� �,ry r,-raq�r;� vr:: �uu�._ Aln (a) All applications for the abandonment of public rights-of-way shall demonstrate the right-of- way is no longer required for public use and convenience. Any proposed abandonment must demonstrate that such action will not ® adversely affect public safety or convenience • or otherwise have a negative impact on the ® 0 • _ • county system of streets or public or private utility facilities. • E. 1st Street and a portion of E. 2nd Street (area 2 above) were previously abandoned and have been private property for 10+ years. • The areas proposed for abandonment are not needed for public use and convenience. (b) No dedicated and accepted right-of-way in the county shall be abandoned where: 1. The right-of-way terminates on a body of _ open water; or The right-of-way requested for abandonment does not terminate on • open water. 2. The right-of-way provides access to the public to land on open water; or The right-of-way requested for abandonment does not provide public access to land on open water. 3. The abandonment would preclude a way for the public to maintain access to the water. • The right-of-way requested for abandonment does not preclude the public from accessing water. (c) In all other cases of abandonment, no right-of-way shall be abandoned unless there is an agreement to do so by all affected property owners. For • • - purposes of this subsection, an affected property owner is the owner • of property which directly adjoins the area subject to abandonment: • The applicant owns the parcels • surrounding the right-of-way requested for abandonment, access will not be affected. • Per page 9 of the Staff Report, the County does not object to the increase in size of the adjacent properties. WI;un•' n f 1 dd d �YY! ur.a_h uw nl Df 'V'hf m u; r lad a u%',III y mlv krvrv',rr �,r tlw'uu s r +r'1r✓ sF�un4 tia�;�nu,f gym. �i � � a�c" II�(�VIIIhNVI�IIIRO�IOIIf�llll m � imi�mumiouumw;�o�ls�u���u��m�163�?mihuouuuuuuuuuuui�i�u��imil���wi����(u�ih u�u�u��� �u�uymmom�uuuummmuumim�wµ�yi�uu,��m������w�iuuiH r ivr��Bzn,r n - 1 N""'R r m loll i h W arum% n mrb .m¢-5w.pf„r,'ral:Jrd9rl!.„✓..Ai1, f,nn _. a s WA ro r ia✓nf I mm V. i ft"=7 r. ouuuuuuuuuuuuulN➢tli�iO�fiI�000000000000000000000000000000000000000000000W01�fi0100R00R00R00V1�01�OROR00000ROR0�N9�W111111111111111111111111111111111111111111111111111111111111111111�6riri�nlrlllW!��1�1�, f � � u�s n air"A2 '!�'�i��IUD1V�ll�INu;S�Y � �16 n wwir f , r d I$ a 1' r rr Ill ��lnAnWMi& ° i If em„ ,(u lmiuluu�!�u�u�uu�!�uu'wuu�u�u�G� U�Q�lnl '� ,'r�a�� '!'��'V!I,IW � iuuui�ul�liuouuu�ulu>u��luiuUiuiu�uuiuiu� ioio � ,1,,,,� i���u�uiuuuiuuuu�u�imumu�ul�iuuuuuuuuuuuuuuiououo�mR�����iou�lm�ouruuouuouuou�, i iuimuo, r� ,haw r� r , � � ��., a rbn,f wr r,mhwartuin raw,nm„�ronuN kmp�.iwV " G (d) All right of way abandonments shall comply with the County Code and Standard Engineering requirements for road, turn-around and fire-rescue access. If required for safety purposes, as determined by either Fire Marshal or • County Engineer, a dedicated turn- around area shall be shown on the submitted survey and shall be agreed to in writing and constructed with payment by the property owner(s) • requesting abandonment. • The Applicant has provided executed T-turn agreements for construction of two (2) T-turn arounds, as shown on approved plans submitted on October 20, 2023. • 1 0 EXHUT A fl ............... y4s, ........ ....... ........... -2w _2 It' ......... ... ....... ...... to........... . ............. ........... ..........: .................... .............. R/*§71/1Rlil,6 7--- -------"EVRAd (e) A right of way may be abandoned only at the terminal portion of the road and in its full width unless one of the following applies: Ilk 1. An adjacent lot owner has on the platted right-of- way or within a setback a substantial structure which predates the Special Session Law 59-1578 • pertaining to maps, plats, and right-of-way. The term "substantial structure" specifically does not include wood or metal fences, sheds or tiki huts or other items not listed which are accessory structures; or • 2. The abandonment is requested by a County • department or governmental agency for a public use; for purposes of this subsection public use is a public facility and/or public/private utility; or 3. The right of way area is unusual in size or shape and after abandonment the remaining right of way width will be the same on both sides of the abandonment as shown in Example 1. • The Proposed ROW abandonment is not unusual in size or shape and ends on a terminus. III M