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Resolution 127-2024 {ryy, .l I k ttySL 2 / jg n'y I . 3 F 4 5 6 7 8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 9 10 RESOLUTION NO. 127- 2024 11 12 A RESOLUTION OF THE MONROE COUNTY BOARD OF 13 COUNTY COMMISSIONERS RENOUNCING, 14 ABANDONING, AND DISCLAIMING ANY RIGHT OF THE 15 COUNTY AND PUBLIC IN AND TO PORTIONS OF THE 16 RIGHT OF WAY OF MAGNOLIA STREET, HIBISCUS 17 STREET, OLEANDER STREET, POINSETTA AVENUE, 18 BOUGAINVILLA AVENUE, AND AN UNNAMED RIGHT- 19 OF-WAY, BOUNDED ON THE NORTH, SOUTH, EAST, 20 AND WEST BY UNDEVELOPED TIER I LANDS OWNED 21 BY THE MONROE COUNTY BOCC AND STATE OF 22 FLORIDA, MORE PARTICULARLY DESCRIBED AS 23 SQUARES 1 — 14 OF THE RECORDED PLAT OF OCEAN 24 ACRES, PLAT BOOK 1, PAGE 188, OFFICIAL RECORDS 25 OF MONROE COUNTY, FLORIDA, AS SHOWN ON THE 26 RECORDED KEY LARGO PLAT OF OCEAN ACRES,PLAT 27 BOOK 1, PAGE 188, OFFICIAL RECORDS OF MONROE 28 COUNTY, FLORIDA. 29 30 31 WHEREAS, the Monroe County Board of County Commissioners ("Monroe County", 32 "BOCC", `Board", or the "County") seeks to vacate and abandon portions of the rights-of-way 33 situated as more particularly referenced below; and 34 35 WHEREAS, under the Monroe County Codes and Florida Statutes Chapter 336, it is 36 necessary to hold a public hearing for Monroe County Board of County Commissioners to publicly 37 consider said abandonment after publishing due notice of said hearing therewith; and 38 39 WHEREAS, those certain Settlement Agreements approved by the BOCC following 40 extensive code compliance litigation against its predecessor-in-title Magnolia 101 LLC and Brian 41 Lindback in his official capacity as a principal of Magnolia 101 LLC, including but not limited to 42 arising from unauthorized landclearing of those certain three (3) properties currently bearing 43 Monroe County Property Appraiser's Office —Property ID No. 00454110-000000 (Ocean Acres 44 Plat"Square 1"),Property ID No. 00454220-000000 (Ocean Acres Plat"Square 4"), and Property 45 ID No. 00454230-000000 (Ocean Acres Plat "Square 5"), were approved by the BOCC and 46 recorded in the Clerk of Court's land records to, in relevant part, render the regulatory, 1 of 6 I environmental, and conservation restrictions of the Monroe County Comprehensive Plan and 2 Monroe County Land Development Code enforced in perpetuity as against Squares 1, 4, and 5 in 3 order to permanently cure, secure, and protect them from any landclearing and development; and 4 5 WHEREAS,this right-of-way abandonment is in compliance with and consistent with that 6 goal to restore and permanently secure and environmentally conserve these properties and the 7 subject illegally developed right(s)-of-way; and 8 9 WHEREAS, the Monroe County Board of County Commissioners hereby desires to hold 10 a public hearing to consider abandonment of the below-referenced portions of right-of-way; 11 12 WHEREAS, at said public hearing, the Monroe County Board of County Commissioners 13 has considered the application requesting for it to renounce and vacate any right of the County and 14 public in and to the hereinafter described public right-of-way as delineated on the hereafter 15 described legal description, plan, or map; 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 18 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 19 20 Section 1. Title, Recitals, and Declarations of Intent and Purpose. The foregoing 21 title,recitals, and declarations of intent and purpose are true and correct and are hereby 22 incorporated as if fully set forth herein. 23 24 Section 2. Findings of Fact and Conclusions of Law. The findings of fact and 25 conclusions of law set forth above constitute the BOCC's factual determinations and legal 26 interpretations and are hereby incorporated as if fully stated herein. 27 28 Section 3. The above-stated Settlement Agreements attached hereto as composite 29 Exhibit"A." are hereby incorporated as if fully stated herein. 30 31 Section 4. BOCC Resolution No. 088-2024 attached hereto as Exhibit`B."is hereby 32 incorporated as if fully set forth herein, except to the extent plainly inconsistent with this 33 Resolution. 34 35 Section 5. The BOCC accepts all of the findings of fact and conclusions of law in the 36 March 5, 2024-dated Monroe County Planning and Environmental Resources Department 37 professional staff report accompanying this BOCC agenda item,prepared by Assistant Director 38 of Planning Cheryl Cioffari, A.I.C.P., and hereby adopts them as the BOCC's own findings of 39 fact and conclusions of law and incorporates said professional staff report as if fully set forth 40 herein. 41 42 Section 6. Monroe County hereby renounces and vacates any right of the County 43 and/or the public in and to the hereinafter described public rights-of-way as delineated on the 44 hereafter described legal description,plan, or map, to-wit: 45 46 1. THE PUBLIC RIGHT OF WAY DESCRIBED AS: 2 of 6 1 2 A Parcel of land being a portion of right-of-way for Magnolia Street, Hibiscus Street, 3 Poinsetta Avenue and Bougainvilla Avenue, according to the plat of OCEAN ACRES, as 4 recorded in Plat Book 1,Page 188 of the Public Records of Monroe County, Florida, lying 5 in Section 28, Township 61 South, Range 39 East, Key Largo, Monroe County, Florida 6 and being more particularly described by metes and bounds as follows: 7 8 Commence at the Southwest corner of OCEAN ACRES, as recorded in Plat Book 1, Page 9 188 of the Public Records of Monroe County, Florida, same being a point in the centerline 10 of Atlantic Drive (County Road per Plat); thence along the South line of OCEAN ACRES, 11 same being the North line of Oleander Street(25'r/w), according to SILVER LAKE PARK 12 SUBDIVISION, as recorded in Plat Book 4,Page 95 of said Public Records,N88°13'43"E 13 660.00 feet to the Northeast corner of said SILVER LAKE PARK, same being the 14 Southwest corner of Block 7, OCEAN ACRES; thence along the West line of Block 7 and 15 the North extension thereof,N00°01'17"W 230.27 feet to the Southwest corner of Block 4, 16 OCEAN ACRES, same being a point on the North right-of-way line of Hibiscus Street and 17 the POINT OF BEGINNING; thence along the North right-of-way line of Hibiscus Street, 18 N88019'43"E 410.11 feet to the Southeast corner of Block 5, OCEAN ACRES; thence 19 along the East line of Block 5,N00°01'17"W 200.08 feet to the Northeast corner of Block 20 5;thence along the North line of Block 5, S88°19'43"W 190.00 feet to the Northwest corner 21 of Block 5; thence along the West line of Block 5, S00°01'17E 200.08 feet to the 22 Southwest corner of Block 5; thence S88°19'43"W 30.01 feet to the Southeast corner of 23 aforesaid Block 4, OCEAN ACRES; thence along the East line of Block 4, N00°O1'l7"W 24 200.08 feet to the Northeast corner of Block 4; thence along the North line of Block 4, 25 S88"19'43"W 190.10 feet to the Northwest corner of Block 4; thence across Magnolia 26 Street, N00°01'17"W 30.01 feet to the Southwest corner of Block 1, OCEAN ACRES, 27 thence along the South line of Block 1, N88°19'43"E 190.10 feet to the Southeast corner 28 of Block 1; thence along the East line of Block 1, N00°01'17"W 200.08 feet to the 29 Northeast corner of Block 1, same being a point on the North Line of OCEAN ACRES; 30 thence along the North Line of OCEAN ACRES,N88°19'43"E 15.01 feet to the centerline 31 of Poinsetta Avenue at its North terminus; thence along the centerline of Poinsetta Avenue, 32 S00001'17"E 215.09 to the centerline intersection with Magnolia Street; thence along the 33 centerline of Magnolia Street, N88°19'43"E 220.01 feet to the centerline intersection with 34 Bougainvilla Avenue; thence along the centerline of Bougainvilla Avenue, S00°01'17E 35 23 0.10 feet to the centerline intersection with Hibiscus Street; thence along the centerline 36 of Hibiscus Street, S88°19'43"W 425.12 feet to the aforesaid North extension of Block 7; 37 thence along the North Extension of Block 7, N00°01'17"W 15.01 feet to the Southwest 38 corner of Block 4 and the Point of Beginning. 39 40 Containing 0.639 Acres or 27,835 Square Feet, more or less. Attached hereto as Exhibit 41 "C." 42 43 2. THE PUBLIC RIGHT OF WAY DESCRIBED AS: 44 45 A Parcel of land being all of the right-of-way of Oleander Street and the Unnamed Road 46 Lying between Blocks 10, 11, 13 and 14, and a portion of right-of-way for Magnolia Street, 47 Hibiscus Street, Poinsetta Avenue and Bougainvilla Avenue, according to the plat of 3 of 6 I OCEAN ACRES, as recorded in Plat Book 1, Page 188 of the Public Records of Monroe 2 County, Florida, lying in Section 28, Township 61 South, Range 39 East, Key Largo, 3 Monroe County, Florida and being more particularly described by metes and bounds as 4 follows: 5 6 Commence at the Southwest corner of OCEAN ACRES, as recorded in Plat Book 1, Page 7 188 of the Public Records of Monroe County, Florida, same being a point in the centerline 8 of Atlantic Drive (County Road per Plat); thence along the South line of OCEAN ACRES, 9 same being the North line of Oleander Street(25'r/w),according to SILVER LAKE PARK 10 SUBDIVISION, as recorded in Plat Book 4,Page 95 of said Public Records,N88°13'43"E 11 660.00 feet to the Northeast corner of said SILVER LAKE PARK, same being the 12 Southwest corner of Block 7, OCEAN ACRES and the POINT OF BEGINNING; thence 13 along the South Line of Block 7,N88°13'43"E 190.11 feet to the Southeast corner of Block 14 7; thence along the East line of Block 7,N00°O1'l7"W 199.92 feet to the Northeast corner 15 of Block 7; thence along the North line of Block 7, S88°19'43"W 190.10 feet to the 16 Northwest corner of Block 7; Thence along the Northerly extension of the West line of 17 Block 7, N00°01'17W 15.01 feet to the centerline of Hibiscus Street; thence along the 18 centerline of Hibiscus Street, N88°19'43"E 425.12 feet to the centerline intersection with 19 Bougainvilla Avenue; thence along the centerline of Bougainvilla Avenue, N00°01'17"W 20 23 0.10 feet to the centerline intersection with Magnolia Street; thence along the centerline 21 of Magnolia Street, S88°19'43"W 220.01 feet to the centerline intersection with Poinsetta 22 Avenue; thence along the centerline of Poinsetta Avenue, N00°01'17"W 215.09 to the 23 North terminus of Poinsetta Avenue, same being North line of OCEAN ACRES; thence 24 along the North line of OCEAN ACRES,N88°19'43"E 15.01 feet to the Northwest corner 25 of Block 2, OCEAN ACRES; thence along the West line of Block 2, S00°01'17"E 200.08 26 to the Southwest corner of Block 2; thence along the South line of Block 2, N88°19'43"E 27 190.00 feet to the Southeast corner of Block 2; thence along the East line of Block 2, 28 N00001'17"W 200.08 feet to the Northeast corner of Block 2, same being the North line of 29 OCEAN ACRES; thence along the North line of OCEAN ACRES, same being the North 30 Terminus of Bougainvilla Avenue, N88°19'43"E 30.01 feet to the Northwest corner of 31 Block 3,OCEAN ACRES;thence along the West line of Block 3, S00°01'17E 200.08 feet 32 to the Southwest corner of Block 3; thence along the South line of Block 3, N88°19'43"E 33 189.99 feet to the Southeast corner of Block 3, same being a point on the West right-of- 34 way line of County Road and the East terminus of Magnolia Street; thence along the East 35 terminus of Magnolia Street, S00°01'17"E 30.01 feet to the Northeast corner of Block 6, 36 OCEAN ACRES; thence along the North line of Block 6, S88°19'43"W 189.99 feet to the 37 Northwest corner of Block 6; thence along the West line of Block 6, S00°01'17"E 200.08 38 feet to the Southwest corner of Block 6; thence along the South line of Block 6, 39 N88019'43"E 189.99 feet to the Southeast corner of Block 6, same being a point on the 40 West right-of-way line of County Road and the East terminus of Hibiscus Street; thence 41 along the East terminus of Hibiscus Street, S00°Ol'l7"E 30.01 feet to the Northeast corner 42 of Block 9, OCEAN ACRES;thence along the North line of Block 9, S88°19'43"W 189.99 43 feet to the Northwest corner of Block 9;thence along the West line of Block 9, S00°01'17"E 44 199.49 feet to the Southwest corner of Block 9; thence along the South line of Block 9, 45 N88"13'43"E 190.00 to the Southeast corner of Block 9, same being a point on the West 46 right-of-way line of County Road and the East terminus of Oleander Street; thence along 4 of 6 I the East terminus of Oleander Street, S00°01'17"E 30.01 feet to the Northeast corner of 2 Block 12, OCEAN ACRES;thence along the North line of Block 12, S88°13'43"W 190.00 3 feet to the Northwest corner of Block 12; thence along the West line of Block 12, 4 S00001'17"E 330.00 feet,more or less,to the Mean High Water Line of the Atlantic Ocean; 5 thence meander the Mean High Water Line, S54°57'21"W 36.63 feet, more or less to the 6 intersection with the East line of Block 14, OCEAN ACRES; thence along the East line of 7 Block 14, N00° 01' 17W 120.00 feet, more or less, to the Northeast corner or Block 14; 8 thence along the North line of Block 14, S88°13'43"W 190.01 feet to the Northwest corner 9 of Block 14; thence along the West line of Block 14, S00°01'17E 315.00 feet, more or 10 less, to the Mean High Water Line of the Atlantic Ocean; thence meander the Mean High 11 Water Line, S78°49'19"W 30.58 feet, more or less, to the intersection with the East line of 12 Block 13, OCEAN ACRES; thence along the East line of Block 13, N00°01'17"W 320.00 13 feet,more or less,to the Northeast corner of Block 13;thence along the North line of Block 14 13, S88°13'43"W 189.66 feet to the Northwest corner of Block 13, same being the West 15 line of OCEAN ACRES; thence along the West line of OCEAN ACRES, N00°07'17"W 16 30.01 feet to the Southwest corner of Block 10, OCEAN ACRES, same being the 17 Northwest terminus of Unnamed Road; thence along the North line of Unnamed Road, 18 N88"13'43"E 409.73 feet to the Southeast corner of Block 11, OCEAN ACRES, same 19 being a point on the West right-of-way line of Bougainvilla Avenue;thence along the West 20 right-of-way of Bougainvilla Avenue,N00°Ol'l 7W 429.65 feet to the Northeast corner of 21 Block 8, Ocean Acres; thence along the North line of Block 8, S88°19'43"W 190.00 feet 22 to the Northwest corner of Block 8; thence along the West line of Block 8, S00°01'17E 23 199.87 feet to the Southwest corner of Block 8; thence along the South line of Block 8, 24 N88"13'43"E 190.01 feet to the Southeast corner of Block 8;thence across Oleander Street, 25 S00001'17"E 30.01 feet to the Northeast corner of Block 11; thence along the North line of 26 Block 11, S88°13'43"W 190.01 to the Northwest corner of Block 11;thence along the West 27 line of Block 11, S00°O1'l7"E 200.09 feet to the Southwest corner of Block 11; thence 28 across Poinsetta Avenue S88°13'43"W 30.01 feet to the Southeast corner of Block 10, 29 Ocean Acres;thence along the East line of Block 10,N00°01'17"W 200.09 to the Northeast 30 corner of Block 10; thence along the North line of Block 10, S88°13'43"W 190.06 feet to 31 the Northwest corner of Block 10, same being the West line of OCEAN ACRES; thence 32 along the West line of OCEAN ACRES,N00°07'17W 30.01 feet to the Southwest corner 33 of Block 7 and the Point of Beginning. 34 35 Containing 2.362 Acres or 102,888 Square Feet, more or less. Attached hereto as Exhibit 36 37 38 Section 7. Construction and Interpretation. This Resolution and its interpretation 39 shall be liberally construed and enforced in favor of the Monroe County BOCC's prefatory and 40 operative recitals, statements, and determinations set forth above and such interpretation shall be 41 entitled to and granted great weight in adverse administrative proceedings, at trial, in bankruptcy, 42 and on appeal, and all provisions of the Monroe County Comprehensive Plan, Monroe County 43 Codes, Florida Statutes, floodplain management regulations, and Florida Building Code whose 44 interpretation arises out of, relates to, or is interpreted in connection with this Resolution shall be 45 liberally construed and enforced in favor of the Monroe County BOCC's prefatory and operative 46 recitals, statements, and determinations set forth above, and such interpretation shall be entitled to 5 of 6 1 and granted great weight in adversarial administrative proceedings, at trial, in bankruptcy, and on 2 appeal. 3 Section 8. No Liability. Monroe County expressly reserves and in no way shall be 4 deemed to have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign, 5 governmental, and other similar defense, immunity, exemption, or protection against any suit, 6 cause-of-action, demand, or liability. 7 8 Section 9. Severability. If any portion of this Resolution, or any part or portion 9 thereof, is held to be invalid or unenforceable by any administrative hearing officer or court of 10 competent jurisdiction, the invalidity or unenforceability of such provision, or any part or portion 11 thereof, shall neither limit nor impair the operation, enforceability, or validity of any other 12 provision of this Resolution, or any remaining pert(s) or portion(s) thereof. All other provisions 13 of this Resolution, and remaining part(s) or portion(s) thereof, shall continue unimpaired in full 14 force and effect. 15 16 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 17 Florida, at a regular meeting of the Board held on the 20th day of March, 2024. 18 19 20 Mayor Holly Merrill Raschein, District 5 Yes 21 Mayor Pro Tern James K. Scholl, District 3 Yes 22 Commissioner Craig Cates, District 1 Yes 23 Commissioner Michelle Lincoln, District 2 Yes 24 Commissioner David Rice, District 4 Yes 25 26 27 BOARD OF COUNTY COMMISSIONERS 28 OF MONROE COUNTY, FLORIDA r-,r-•�==Es{ate ,.- 3 .,a.=�:�-: ,", BY: 3:p , ,,a .-'� v J i' , MAYOR H LLY MERRILL RASCHEIN yam„ ,; wr: A ,Y',.t : w,'''4„,;" 1,v6it ,'�d�:r.� i�ag H ,w MONROECO ATTORNEY E :�:( ,Ia ,, �.._ P TO FORM 3,4\ti }r=TTES Y yiN MADOK, CLERK 3 53t,-°: ��y ' t':7?-'„:r„:;;:::/s �., PETER MO R IS 36 -',,,,,.:4_,.,->° * '-wASSISTANT C O U T'°P ATO N E ` 37 By 38 AS D PUTY LERKDate: ... 3/51202&_ 3. CD Sr=j ir— jar 4Y�. reli3. , �4 33 33 fir.�..�MMM • �+-�M1�,W�yw M*r L l+: av�M '1 :;rj r44 6 of 6 Exhibit "A. " IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR MONROE COUNTY BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida, Case No.: 2013-CA-945-P Plaintiff, Hon. Luis M. Garcia V. MAGNOLIA 101, LLC, and BRIAN LINDBACK AS OFFICER OF MAGNOLIA 101, LLC, Defendants. SETTLEMENT AGREEMENT BETWEEN MONROE COUNTY, FLORIDA, MAGNOLIA 101, LLC, AND BRIAN LINDBACK AS OFFICER OF MAGNOLIA 101, LLC Plaintiff Board of County Commissioners of Monroe County, Florida (hereinafter "Monroe County" or the "County"), and Defendants Magnolia 101, LLC, and Brian Lindback as the sole managing member and officer for Magnolia 101, LLC (hereinafter "Magnolia 101 LLC" or "Lindback"), hereafter collectively referred to as the "parties", hereby agree to settle the above-captioned litigation as follows: 1. WHEREAS, Magnolia 101 LLC currently owns those certain below-described parcels of real property, and took title to them pursuant to that certain deed recorded in the Official Records of Monroe County on or about March 5t", 2008, at Book 2348, Page 1824, Document Number 1685024. Squares 1, 4, 5 and 20, Ocean Acres, according to the Plat thereof, as recorded in Plat Book 1, Page 188 of the Public Records of Monroe County, Florida. 2. WHEREAS, following a non jury trial on February 2nd, 2017, brought pursuant to found violations of the Monroe County Codes as memorialized in the Notices of Page 1 of 10 Violation and Stipulation Agreements previously issued in and entered into in those certain Monroe County Code Compliance Department cases identified as Code Enforcement Case No. CE10070167, Code Enforcement Case No. CE10070148, and Code Enforcement Case No. CE10070169, the Circuit Court of the 16t" Judicial Circuit in and for Monroe County, Florida, granted Plaintiff Monroe County full foreclosure, money judgment, and permanent injunctive relief as memorialized at Paragraphs 15 through 19 of that certain Order Granting Final Judgment in Favor of Plaintiff attached as Exhibit "A." hereto and hereby incorporated as if fully set forth herein. 3. WHEREAS, true and correct copies of said Notices of Violation and Stipulation Agreements referenced above are attached as Exhibit "B." hereto and are hereby incorporated as if fully set forth herein. 4. WHEREAS, the Third District Court of Appeal on February 27t", 2019, issued an Order per curiam affirming, in favor of Plaintiff Monroe County, the above- referenced Order Granting Final Judgment in Favor of Plaintiff; a true and correct copy of said Order and the Mandate issued thereto is/are attached as Exhibit "C." hereto and is/are hereby incorporated as if fully set forth herein. 5. WHEREAS, the parties desire to compromise and settle and hereby stipulate and bindingly agree to the following: NOW, THEREFORE, for good and valuable consideration, the adequacy of which is hereby expressly acknowledged and attested to by the parties, Lindback and Monroe County hereby agree as follows: Page 2 of 10 Section 1 - Recitals. The foregoing recitals are true and correct and are hereby incorporated as if fully set forth herein. Section 2 - Settlement. The parties have entered into this Settlement Agreement knowingly, freely, and voluntarily, having determined that they have adequate information upon which to make informed decisions and having decided that it is in their best interests to amicably resolve this action. A. Neither party is under coercion or duress. Neither has been forced into this Agreement or threatened in any way. B. Neither party knows of any fact or circumstance which would cause this Agreement to be void or unenforceable. C. Except as provided herein, the parties agree that each shall bear its own attorneys' fees, costs and expenses arising out of, in connection with, or related to, this litigation, whether such fees, costs, or expenses have been incurred prior to the execution of this Agreement or will be incurred after its execution. D. Magnolia 101 LLC agrees to, within sixty (60) calendar days of the County's approval of this Agreement (such approval being evidenced as the date of and in the form of the undersigned Assistant County Attorney's executed approval of this Agreement, as authorized by the approval and/or ratification of this Agreement by the Monroe County Board of County Commissioners ("BOCC") at a public meeting of the BOCC), convey by warranty deed the following real property over to the Monroe County Board of County Commissioners: Page 3 of 10 1. The parcel referenced above as Square 1,1 Ocean Acres, according to the Plat thereof, as recorded in Plat Book 1, Page 188 of the Public Records of Monroe County, Florida"; and 2. The parcel referenced above as "Square 4,2 Ocean Acres, according to the Plat thereof, as recorded in Plat Book 1, Page 188 of the Public Records of Monroe County, Florida". E. Affidavit of Clear Title and No Encumbrances. 1. Brian Lindback, in his personal and official capacities, (i.) warrants and certifies that the above-referenced real property(ies) are held and titled in the name of Magnolia 101 , LLC, free and clear of any encumbrances (other than the instant Monroe County code enforcement liens), and L[D warrants and certifies that Magnolia 101, LLC, has not conveyed the above-referenced real property(ies) (i.e., squares/parcels/lots 1 and 4) or any interest therein to any natural or legal person. 2. Brian Lindback, in his personal and official capacities, (i.) warrants and certifies that it is true and correct that as of the date of his execution of this Agreement no liens (other than Monroe County's code enforcement liens), loans, mortgage encumbrances, or non-mortgage encumbrances, encumber said parcels of real property, L[D warrants Also known as "Parcel 1, Ocean Acres, according to the Plat thereof, as recorded in Plat Book 1, Page 188 of the Public Records of Monroe County, Florida", and/or"Lot 1, Ocean Acres, according to the Plat thereof, as recorded in Plat Book 1, Page 188 of the Public Records of Monroe County, Florida". 2 Also known as "Parcel 4, Ocean Acres, according to the Plat thereof, as recorded in Plat Book 1, Page 188 of the Public Records of Monroe County, Florida", and/or"Lot 4, Ocean Acres, according to the Plat thereof, as recorded in Plat Book 1, Page 188 of the Public Records of Monroe County, Florida". Page 4 of 10 and certifies that as of the date of his execution of this Agreement said parcels are free of all liens (other than the instant Monroe County code enforcement liens), loans, mortgage encumbrances and non-mortgage encumbrances, and L[L warrants, certifies, and guarantees that no such liens, or loans, or encumbrances of any kind will be executed, placed on, or recorded regarding or relating to said parcels between the date of his execution of this Agreement and the later date of his execution of a warranty deed conveying said squares/parcels/lots 1 and 4 to Monroe County and the date said executed warranty deed is recorded by the County. F. Magnolia 101 LLC agrees to submit to Monroe County monetary payment in the sum of$744,900.00, as follows: 1. Magnolia 101 LLC shall first submit an initial payment of$400,000.00 within ninety (90) calendar days of the County's approval of this Agreement, such approval being evidenced in the form of the undersigned Assistant County Attorney's executed approval of this Agreement as authorized and approved by the County's Board of County Commissioners at a duly noticed public meeting of the Board. 2. Magnolia 101 LLC shall submit a second payment of$344,900.00 within one-hundred-and-twenty (120) calendar days from the date it submits the foregoing initial payment of $400,000.00 over to Monroe County. Page 5 of 10 G. In the event Magnolia 101 LLC does not comply with the obligations memorialized at foregoing paragraphs "D." through "F.", the parties agree that Plaintiff Monroe County shall be entitled to stipulated entry, by the Circuit Court, of an order of judgment rendered pursuant to paragraph 19 of the above-referenced Order Granting Final Judgment in Favor of Plaintiff, in the amount of$1,479,500.00 in favor of the County. H. Magnolia 101, LLC, and Lindback, in his personal and official capacities, consent(s) to Monroe County's construction and maintenance of a fence/fencing with a locked gate across the County's Magnolia Street right- of-way to eliminate the general public's vehicular access to the portion of the Magnolia Street right-of-way lying east of the southwest corner of the above- referenced square/parcel/lot 1 and lying east of the northwest corner of the above-referenced square/parcel/lot 4. I. Satisfaction and Release. After (i.) the executed warranty deed conveying the above-referenced squares/parcels/lots 1 and 4 over to Monroe County is recorded, and LL after payment of the above-referenced $744,900.00 over to Monroe County clears, the County agrees that it shall, no later than fifteen (15) days after the latest of the occurrence of both said events, issue unto Magnolia 101 LLC a recordable release and satisfaction of judgment forever releasing it from the attached Circuit Court Order Granting Final Judgment in Favor of Plaintiff, Third District Court of Appeal ("Third DCK) Order, and Third DCA Mandate, thereby releasing Magnolia 101 LLC from the Monroe 3 Said locked gate shall provide only the County and the Defendant(s)with vehicular access to the above- referenced area otherwise inaccessible to the vehicles of the public. Page 6 of 10 County code enforcement liens affirmed by the Circuit Court and the Third DCA pursuant to said trial and appellate court orders and mandate. Section 3 - Continuing Jurisdiction. The Circuit Court of the 16th Judicial Circuit in and for Monroe County, Florida, shall retain jurisdiction of this case for the sole purpose of enforcing the terms of this Settlement Agreement. Section 4 - Good Faith. These settlement negotiations have been undertaken by the parties in good faith. Section 5 - Choice of Law; Governing Law; Venue. This Agreement is not subject to arbitration and shall be governed by, and construed and enforced in accordance with, the laws of the state of Florida, and venue for all claims, controversies, or disputes relating to this Agreement shall remain in the Circuit Court of the 16th Judicial Circuit in and for Monroe County, Florida. Section 6 - Conflict. To the extent of any conflict between this Settlement Agreement and any other Monroe County ordinances, regulations, or approvals, and to the extent of any conflict within any parts within this Agreement, the more restrictive is deemed to be controlling. Section 7 - Construction/Interpretation. This Settlement Agreement is necessary for the health, safety, and welfare of the residents of and visitors to the county. This Agreement shall be liberally construed in favor of Monroe County, and such construction and interpretation shall be entitled to great weight in adversarial administrative proceedings, at trial, in bankruptcy, and on appeal. Section 8 - Binding Effect. It is agreed and understood that this Agreement shall be and is binding upon the parties hereto, including their successors-in-interest. Page 7 of 10 Section 9 - Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If any provision or term of this Agreement, or any portion(s) thereof, is/are in any way invalidated by any administrative hearing officer or court of competent jurisdiction, such invalidation shall neither limit nor impair the validity or operation of any other provision or term, or remaining portion(s) thereof. All such other provision(s) and term(s), or portion(s) thereof, shall continue unimpaired in full force and effect. Section 10 - Integration. This Agreement constitutes the entire Agreement and any representation or understanding of any kind preceding the date of the parties' written final approval of this Agreement not specifically and expressly memorialized herein is not binding on either of the parties except to the extent that it has been specifically and expressly memorialized in this Agreement. Section 11 - Non-Reliance by Third-Parties. No non-signatory person(s) or entity(ies) shall be entitled to rely upon any conditions, provisions, or terms of this Agreement to enforce or attempt to enforce any third-party claim(s) or entitlement(s) to or benefit(s) from any conditions, provisions, or terms hereunder. Section 12 - Execution in Counterparts. The parties acknowledge and agree that this Agreement may be executed in one or more counterparts, each counterpart shall be considered an original portion of this Agreement, and all which constitute a single instrument. Section 13 - Effective Date. Once fully and finally executed by Magnolia 101 LLC and the County, this Agreement shall be considered legally effective and binding. Section 14 - Exhibits/Scrivener's Errors. The Monroe County Board of County Commissioners authorizes the Monroe County Attorney and counsel representing the Page 8 of 10 Monroe County Attorney's Office in this matter to insert all exhibits referenced herein, and to correct any scrivener's errors within this Agreement, prior to written execution of this Agreement on the County's behalf as authorized and approved by the Board of County Commissioners following a duly noticed public meeting of the Monroe County Board of County Commissioners at which this Settlement Agreement is considered. WITNESSESS TO ALL: APPROVED B . Witness No. 1 (Print Name) rrian Lind--ad nature) �-- in his capacity as managing member -- and officer of Magnolia 101, LLC i ness No. 1 (Signature) C-;:11-A I3 reis . 2 ( rint Na e) itn o. ( ignat STATE OF FLORIDA COUNTY OF MONROE The foregoing Settlement Agreement, was acknowledged and attested before me this 16t"day of June, 2021, Brian Lindback as managing member and officer of Magnolia 101, LLC, who is personally known tome or produced Pee-%uLjAu.-t ta)xLQQ as proof of identification and did take an oath. CAROLcssoo Notary Public (Print Name) _.; MY COMMISSION#GO 139039 r:KPMS-Seplembet21,2.021 "•'FdF r��A Bonded TNv No�uyPubl4o� Notary Public Seal Notary Pu c Signature) [The remainder of this page has been intentionally left blank.] Page 9 of 10 ON BEHALF OF PLAINTIFF MONROE COUNTY, FLORIDA: 6/17/2021 Peter H. Morris Date Assistant County Attorney FBN: 104101 Morris-Peter _ r u - v Monroe County Attorney's Office 1111 12th Street, Suite 408 Key West, FL 33040 Telephone: (305) 292-3470 Telefax: (305) 292-3516 Page 10 of 10 Exhibit " A . " IN THE CIRCUIT COURT OF THE 16T"JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA BOARD-OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, a political subdivision of the State Case No.: 2013-CA-945-P of Florida Plaintiff, V. MAGNOLIA 101, LLC, and BRIAN LINDBACK AS OFFICER OF MAGNOLIA 101, LLC, Defendants. 1 ORDER GRANTING FINAL JUDGMENT IN FAVOR OF PLAINTIFF THIS CAUSE came before the court for a non-jury trial on February 2, 2017. The Court, having considered the evidence and testimony, having heard argument of counsel, having reviewed the file, and being otherwise fully informed in the premises, finds and orders as follows: Factual Background 1. This is an action brought by Plaintiff, Monroe County, Florida, (County) to foreclose on code enforcement liens asserted against three properties owned by Magnolia 101, LLC (Landowner). Plaintiff also seeks injunctive relief(Count I), money judgment for the fines accrued on the properties (Count III), and a Writ of Execution (Count IV). 2. On February 11, 2013, the County issued Notices of Violation of the County's Code of Ordinances regarding Landowner's lots 1, 4, and 20. A hearing before a special magistrate was scheduled for February 28, 2013. 3. On the same day that the Notices of Violations were given, Landowner provided to the County his own executed stipulation agreements in all three Code Enforcement Cases. In the stipulation, the Landowner swore that he was served with the Notices of Violation, and that he understood that he could appear at the hearing to contest any evidence to be submitted by Code Enforcement. Landowner agreed that the violations existed, and stipulated to the entry of the findings against him. The stipulations allowed until December 17, 2013 to cure all the violations or fines would accrue. Landowner acknowledged that his property would be checked for compliance on that date, and that the stipulated agreement would be recorded as a lien against the property if the property were not brought into compliance. 4. The violations were not cured, and the stipulations were recorded as liens in the public record. 5. The County takes the position that the stipulation agreements became liens by operation of their plain terms after the compliance deadline expired and numerous violations remained uncured. 6. Landowner takes the position that the stipulations are not enforceable code liens because the County failed to strictly adhere to Chapter 162 Florida Statutes, and deprived him of due process of law. Discussion 7. Legal service of process has been had upon the Defendants, and this Court has trial jurisdiction over the parties and the subject matter of this case. 8. The landowner has not invoked the circuit court's appellate jurisdiction to review the constitutional and procedural infirmities alleged at trial. Since the Landowner has failed p 9 tt to exhaust his administrative remedy of taking an appeal, these allegations are improperly before the court as affirmative defenses. 9. While this is not an appeal, the County has made a sufficient showing that it complied with the requirements of procedural due process, observed the essential requirements of law, and its case-in-chief is supported by competent substantial evidence. 10. Due process was provided in this case. The County provided Landowner with Notices of Violation and the opportunity for a hearing. Each Notice of Violation/Notice of Hearing entered into evidence explicitly provided an itemized list of violations. Landowner chose to waive his right to a hearing and his opportunity to contest the County's allegations in the stipulated agreement that he submitted to the County on February 11, 2013. 11. Landowner failed to cure the violations and significant fines accrued. The three stipulation agreements became liens based on the agreed-upon plain terms of the stipulations. The fact that a hearing before a special magistrate was not scheduled after the expiration of the cure period does not make these liens unenforceable. 12. The Florida Constitution and Florida's statutory code enforcement scheme affords cities and counties a measure of latitude to shape sensible remedial schemes to enforce their land development codes. Section 6.3 of Monroe County Ordinance 50-2000 (codified at MCC § 8-36) authorizes enforcement of its codes "by any other lawfully available means." A mutually agreeable stipulation agreement whereby an extended compliance period is granted in exchange for an economized judicial lien enforcement process is one such lawful means. 13. The County has shown that the Landowner's violations currently exist and date back `. many years. Ms. Windsor (Senior Code Compliance Research Analyst), Mr. Roberts 1S F} (Senior Administrator for the Environmental Resources Department), and Ms. Schemper (Monroe County Comprehensive Planning Manager) testified extensively as to the scale, duration, and the evolving, worsening nature of Landowners violations. These violations constitute irreparable harm to the County and its interest in safeguarding public health, safety and welfare for which no alternate legal remedy is available. 14. The County has demonstrated a prima facie entitlement to permanent injunctive and complete monetary relief up to the full amount of the landowner's three stipulated liens' amounts. Upon the landowner's bringing all three of his lots into compliance with the Monroe County Code, a post-judgment hearing shall be held to calculate the total fines due under the three stipulated liens. WHEREFORE, it is ORDERED AND ADJUDGED as follows: 15. The Defendant's Motion for Directed Verdict is DENIED. 16. The County's liens are affirmed, and Final Judgment is GRANTED in favor of the Plaintiff. 17. A final money judgment, Writ of Execution, and permanent injunction are hereby entered in favor of Plaintiff and against Defendants with amounts to be determined in accordance with Paragraph 14 of this Order. Upon the permanent injunction's rendition, the Defendants shall be enjoined from further use or development of Lots 1, 4, and 20, until all the property's violations are brought into compliance. 18. A final judgment of foreclosure is granted in favor of the County exclusively as an alternate remedy to collect its three unsatisfied stipulated liens. 19. Jurisdiction is retained to hold further hearings and enter further orders that are proper -, i}p including, but without limitation, evidentiary hearings to determine and reduce to a 1 t written rendered order the scope of the permanent injunction, and to determine the final code enforcement fine amounts due once the Defendant's properties are rendered fully compliant, and orders authorizing a deficiency judgment, writ of possession, and award of attorney's fees. DONE AND ORDERED this 1 day of April 2017 at Plantation Key, Monroe County, Florida. LUIS M. CARCIA Circuit Court Judge Copies to: fx"Peter H. Morris, Esq. Morris-Peter@MonroeCounty-FL.gov Carnago-Jaclyn@Monroe-County-Fl.gov "I' cott C. Black, Esq. SBlack@Florida-Law.com CGreco@Florida-Law.com fr r�= t Exhibit " B . " County of Monroe Code Compliance Department a 2798 Overseas Hi way Marathon, Florida33050 NOTICE OF VIOLATION/NOTICE OF HEARING To: MAGNOLIA 101 LLC CaseNumber: CE10070148 BRIAN LINDBACK, 195 N AIRPORT RD TAVERNIER,YL 33070 Location: 1 ,KEY LARGO,FL 33037 e Number: 00454520-000000 DEAR PROPERTY OWNER, You are hereby notified that an investigation of the above property was initiated on 02/29/2012 and subsequently found the following violation(s): 110-140.(4)-BUILDING PERMIT/COND.USE THE CHANGES IN THE INTENSITY,DENSITY,AND/OR USE OF THIS PARCEL REQUIRES PERMIT(S),APPROVAL(S)AND INSPECTION(S). Corrective Action Required: Contact the Building and Planning Department and obtain a conditional use permit as required or remove as directed. NOTE:All permit fees and permit requirements are based on the specific scope of work.Additional permits,permit fees, mitigation fees,or restoration of the property to original condition may be required. The minimum fee for an After the Fact permit is$500.00(five hundred dollars) as per Monroe County Code. 110-74. -AMENDMENTS TO CONDITIONAL USES THE FOLLOWING ALTERATIONS,REPAIRS AND/OR IMPROVEMENTS ON THIS PARCEL ARE IN VIOLATION OF THE MINOR CONDITIONAL USE PERMIT NO.2-02 AND REQUIRE AMENDMENTS AND/OR PARCEL MUST BE RESTORED TO PERMITTED CONDITION. 1. G1W GE IN REQUMED FENGW&, 2. CHANGE IN REQUIRED OPEN SPACE RATIO, 3. CHANGE IN REQUIRED BUFFER Y (S), r u, 4. CHANGE IN REQUIRED CONSERVATION EASEMENT,AND NOV Magnolia CE10070148.doc 5. CHANGE IN REQUIRED STORMWATER RETENTION. Corrective Action Required: CONTACT THE MONROE COUNTY PLANNING DEPARTMENT AND REQUEST AN AMENDMENT TO YOUR EXISTING CONDITIONAL USE PERMIT. APPROVALS AND/OR PERMITS WILL BE REQUIRED TO BRING THE VIOLATION(S) OF THE CONDITIONAL USE PERMIT INTO COMPLIANCE. 118-1 L(a)(b) -ENVIRONMENTAL RESTORATION THE LANDCLEARING OF THIS PARCEL REQUIRES PERMIT(S) APPROVAL(S)AND INSPECTION(S). Corrective Action Required: CONTACT THE MONROE COUNTY BIOLOGIST FOR REQUIREMENTS TO BRING THIS PROPERTY INTO COMPLIANCE. 130-186. -MINIMUM YARDS/SET BACKS ALL STORAGE, STRUCTURES AND USES ON THIS PROPERTY MUST ADHERE TO THE MINIMUM SETBACK REQUIREMENTS FOR THIS PARCEL AND THE USE AND/OR STORAGE ON ANY OTHER PARCEL AND/OR COUNTY RIGHT-OF-WAY IS PROHIBITED. Corrective Action Required: Contact the Monroe County Planning Department and obtain a variance(if applicable)or remove as directed. 21-20.(c)- STORAGE OF MULCHING MATERIALS ALL MULCHING MATERIALS THAT ARE KEPT OR SPREAD MAY NOT EXCEED A DEPTH OF EIGHT INCHES. Corrective Action Required: Upon of reciept of this notice of Violation, all mulching materials must be spread to a depth not to exceed eight(8)inches or as directed by Monroe County Biologist. PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special Magistrate in the above case on February 28, 2013 at 9AM at the Monroe County Government Regional Center,2798 Overseas Hwy.,Marathon,Florida. �+ ) You can avoid attending the hearing if all violation(s) noted above are corrected by February 21, 2013 and you have contacted your inspector. If a violation is corrected and then recurs, or if a violation is not corrected by the time specified, the case may be presented to the Special Magistrate even if the violation has been corrected prior to the hearing. ( ) The Code Inspector has reason to believe violation(s) or the condition causing the violation(s) presents a serious threat to the public health, safety, and welfare or is irreparable or irreversible in NOV Mapolia CE10070148.doc Rim � .: • I ' ! ! ! J' � R !'' ! ` ! �; ! ► . ! 1 • � •• •r•• • - • • • 1 -;, , ! ! ' '1 1. 1 1 . , . • . ; : . r 1 1 1 '�, t` i Upper Keys: 102050 Overseas Highway Key Largo,FL 33037(305)453-8806 ATIN OF SERVICE I hereby certify that a copy hereof has been 'sh o the above named addressee(s) by Certified R Receipt Request o. :on t O)CIP, Q Code Compliance Dep ent IF SERVICE IS NOT OBTAINED BY CERTIFIED RETURN RECEIPT MAIL, A TRUE AND ACCURATE COPY OF THIS NOTICE WILL BE POSTED AT THE SUBJECT PROPERTY AND THE MONROE COUNTY COURTHOUSE. ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in this proceeding, please contact the County Administrator's Office, by phoning(305)292-4441,between the hours of 8:30 a.m.-5.00 p.m., no later than five(5)calendar days prior to the scheduled meeting; if you are hearing or voice impaired,call "711". NOV MapoliaCE10070148.doc MONROE COUNTY CODE ENFORCEMENT SPECL&L MAGISTRATE Monroeon a Enforcement Petitioner VS. Case Number: MAGNOLIA BRIAN LINDBACK, MGR Respondents(s ) In the matter o : MAGNOLIAReg 00454520-000000 101 LLC. BRIANLI (hereinafter to jointly and severally " t( )) agrees that Itwe are the propertyr( ) of this parcel and that l received the Notice it ti ti rin issued in this case via e-mail, and that a hearingis scheduled to be heard on February 28, . i to )/ aLL Print Name STATE OF L COUNTY OF YYt Y-) PERSONALLY APPEARED BEFORE ME,the undersigned authority, " 1 . . who,after first being sworn by me,affixed his/her ignature (name of indi u'al signing) ` the space provided above on this day of 2013. RY PUBLIC r �gpRY P�°Yi • ANN C.DER®AMo My commission expires 20_ * * MY CO 10NIEE139386 ds.0. � �XFIPES:Novembe Services s r a�2015 '�oFFl.o�``O Bc�trd'},rr e P�1Affidavit Good Service via E-mail Magnolia 101.doc County of Monroe Code Compliance Department 2798 Overseas Highway Marathon, Florida 33050 NOTICE OF VIOLA N/NTIC G To: MAGNOLIA 101 LLC CaseNumber: CE10070167 BRIAN LINDBACK,MGR 195 N AIRPORT RD TAVERNIER,FL 33070 Location: BK 4 MAGNOLIA - S,KEY LARGO, 3037 eNumber: 00 DEAR PROPERTY OWNER, You are hereby notified that an investigation of the above property was initiated on 02/29/2012 and subsequently found the following violation(s): 110-140.(4)-BUILDING PERMIT/COND.USE THE USE OF THIS PARCEL REQUIRES PERMITS PERMIT(S), APPROVAL(S)AND INSPECTION(S). Corrective Action Required: Contact the Building and Planning Department and obtain a conditional use permit as required or remove as directed. NOTE: All permit fees and permit requirements are based on the specific scope of work.Additional permits,permit fees, mitigation fees,or restoration of the property to original condition may be required. The minimum fee for an After the Fact permit is $500.00(five hundred dollars) as per Monroe County Code. 118-1 L(a)(b)-ENVIRONMENTAL RESTORATION THE LANDCLEARING OF THIS PARCEL REQUIES PERNIIT(S), APPROVAL(S)AND INSPECTION(S). Corrective Action Required: CONTACT THE MONROE COUNTY BIOLOGIST FOR REQUIREMENTS TO BRING THIS PROPERTY INTO COMPLIANCE. 21-20.(c)-STORAGE OF MULCHING MATERIALS ALL MULCHING MATERIALS THAT ARE KEPT OR SPREAD MAY NOT EXCEED A DEPTH OF EIGHT INCHES. NOV Magnolia CE10070167.doc Con-ective Action Required: Upon of reciept of this notice of Violation, all mulching materials must be spread to a depth not to exceed eight(8)inches or as directed by Monroe County Biologist. PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special Magistrate in the above case on February 2 , 2013 at 9 AM at the Monroe County Government Regional Center,2798 Overseas Hwy.,Marathon,Florida. (N You can avoid attending the hearing if all violation(s) noted above are corrected by February 21, 2013 and you have contacted your inspector. If a violation is corrected and then recurs, or if a violation is not corrected by the time specified, the case may be presented to the Special Magistrate even if the violation has been corrected prior to the hearing. ( ) The Code Inspector has reason to believe violation(s) or the condition causing the violation(s) presents a serious threat to the public health, safety, and welfare or is irreparable or irreversible in nature, therefore no compliance date has been provided. This case may be presented to the Special Magistrate even if the violation(s)have been corrected prior to the hearing. ( ) The Code Inspector has reason to believe repeat violation(s) have been found, therefore no compliance date has been provided. This case may be presented to the Special Magistrate even if the repeat violation(s)have been corrected prior to the hearing. If the Special Magistrate finds that violation(s) have occurred,then the Special Magistrate may impose fines, not to exceed $1,000 per day per violation for a first violation, $5,000 per day per violation for a repeat violation, and up to $15,000 per violation if the Special Magistrate finds the violation to be irreparable or irreversible in nature. In addition to such fines, the Special Magistrate may impose additional fines to cover all costs incurred by the County in enforcing its codes. If the County is forced to correct your violation(s),the Special Magistrate may order all costs incurred to be reimbursed to the County. THE RVIPOSITION OF FINESAND/OR COSTS MAY RESULT IN A LIEN AGAINST YOU AND YOUR PROPERTY. You may appear in person and/or be represented by an attorney or authorized agent. If you are represented by an attorney, your attorney is required to file a written notice of appearance with the Liaison for the Special Magistrate, 2798 Overseas Highway, Suite 330, Marathon, FL 33050; Phone: (305)289-2509,Fax: (305)289-2858,prior to the date of the hearing: You may request a continuance of the hearing for good cause shown. If you choose to request a continuance, a written request on the County's form must be made at least five(5)business days before the date of the hearing. If you choose to request a continuance, contact the Code Inspector listed below at least five (5) business days before the date of the hearing. A request for continuance DOES NOT GUARANTEE a postponement of your hearing. If you agree that the violation(s) exist as alleged in this Notice, you may request a Stipulation Agreement in lieu of attending the hearing. If you choose to request a Stipulation Agreement, contact the Code Inspector listed below at least five(5)business days before the date of the hearing. A request NOV Mapolia CE10070167.doc for a Stipulation Agreement does not guarantee a postponement of your hearing. It is important that you contact your inspector listed below. NOTE: IF YOU DECIDE TO APPEAL any decision by the Special Magistrate, you will need to ensure that a verbatim record of the proceedings is made, which shall include the testimony and evidence upon which the appeal is to be based. IT IS YOUR RESPONSIBILITY TO CONTACT THE CODE INSPECTOR to confirm that you do not V need to attend the hearing(s). Please contact your inspector at the appropria .location: & N�INDSOR,KATHLEEN Code Inspector Lower Keys: 5503 College Road, Suite 204 Key West,FL 33040 (305)2924495 Middle Keys: 2798 Overseas Highway, Suite 330 Marathon,FL 33050 (305)289-2810 Upper Keys: 102050 Overseas Highway Key Largo,FL 33037(305)453-8806 CERTIFICATION OF SERVICE I hereby certify that a copy hereof has been finm'shed to the above ed addressee(s) by Certified Mail,Return Receipt Request No.: on Code Compliance Department IF SERVIC OT OBTAINED BY CERTIFIED RETURN RECEIPT MAIL, A TRUE AND ACCURA COPY OF THIS NOTICE WILL BE POSTED AT THE SUBJECT PROPERTY AND THE MONROE COUNTY COURTHOUSE. ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in this proceeding, please contact the County Administrator's office, by phoning(305)292-4441,between the hours of 8:30 am. -5:00 p.m.,no later than five(5)calendar days prior to the scheduled meeting;if you are hearing or voice impaired,call "711 NOV MWolia CEI 0070167.dw MONROE COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Monroe County Code Enforcement Petitioner vs. Case Number. CE10070167 MAGNOLIA 101 LLC BRIAN LINDBACK, MGR Respondents(s) In the matter of: Re#00454220-000000 MAGNOLIA 101 LLC, BRIAN LIND (hereinafter referred to jointly and severally as "Respondent(s)) agrees that Itwe are the property owner(s)of this parcel and that Itwe received the Notice of Violation/Notice Hearing issued in this case via e-mail, and that a hearing is scheduled to be heard on February 26, 2013. A Signatu f Respondent(s)I k�te lj7�r ' I Print Name 'STATE OF bk L COUNTY OF SONALLY APPEARED BEFORE ME,the undersigned authority, �ALLY who,after first being swom by me,affixe signature 0 7!f in i sig e space provided above on this day of 2013.(name of ning)in th PUBLIC ANN C.DER MY COMMISSION#EE 139386 EXPIRES:November 8,2015 My commission expires 201 BMM Thm&I*Nway suvices PA.Affidavit Good Service via E-mail Mapolia l0l.doc County of Monroe Code Compliance Department 2798 Overseas Highway Marathon, Florida33050 NOTICEF VIOLATION/NOTICE OF HEARING To: 1VUGNOLIA 101 LLC Case Number: CE10070169 BRUN LINDBACK, 195 N AIRPORT RD TAVERNIER,FL 33070 Location: 1- IA ST-OCEAN ACRES,KEY LARGO,FL 33037 eNumber: 00454110-000000 DEAR PROPERTY OWNER, You are hereby notified that an investigation of the above property was initiated on 02/29/2012 and subsequently found the following violation(s): 110-140.(4)-BUILDING PERMIT/COND.USE THE USE OF THIS PARCEL REQUIRES PERMIT(S), APPROVAL(S)AND INSPECTION(S). Corrective Action Required: Contact the Building and Planning Department and obtain a conditional use permit as required or remove as directed. NOTE:All permit fees and permit requirements are based on the specific scope of work.Additional permits,permit fees, mitigation fees,or restoration of the property to original condition may be required. The minimum fee for an After the Fact permit is$500.00(five hundred dollars)as per Monroe County Code. 118-1 L(a)(b) -ENVIRONMENTAL RESTORATION THE LANDCLEARING OF THIS PARCEL REQUIRES PERMIT(S), APPROVAL(S)AND INSPECTION(S). Corrective Action Required: CONTACT THE MONROE COUNTY BIOLOGIST FOR REQUIREMENTS TO BRING THIS PROPERTY INTO COMPLIANCE. 21-20.(c)-STORAGE OF MULCHING MATERIALS ALL MULCHING MATERIALS THAT ARE KEPT OR SPREAD MAY NOT EXCEED A DEPTH OF EIGHT INCHES. NOV Magnolia CE10070169.doc k I AMIL so r w for a Stipulation Agreement does not guarantee a postponement of your hearing. It is important that you contact your inspector listed below. NOTE: IF YOU DECIDE TO APPEAL any decision by the Special Magistrate, you will need to ensure that a verbatim record of the proceedings is made, which shall include the testimony and evidence upon which the appeal is to be based. IT IS YOUR RESPONSIBILITY TO CONTACT THE CODE INSPECTOR to confirm that you do not need to attend the hearing(s). Please contact your i th ropriate I 'on: -0 t MS T tR,KATHLEEN Code Inspector Lower Keys: 5503 College Road,Suite 204 Key West,FL 33040 (305)292-4495 Middle Keys: 2798 Overseas Highway,Suite 330 Marathon,FL 33050 (305)289-2810 Upper Keys: 102050 Overseas Highway Key L'4 o,FL 33037(305)453-8806 0'FL 3 037(3 )453-8806 CERT ON OF SERVICI I hereby certify that a copy hereof has beenftum'shed t e above named addressee(s) by Certified Mail,Return Receipt Request No.: on 3� i 6Ck tk Code Compliance Department`� IF SERVICE IS NOT OBTAINED BY CERTHUD RETURN RECEIPT MAIL, A TRUE AND ACCURATE COPY OF THIS NOTICE WILL BE POSTED AT THE SUBJECT PROPERTY AND THE MONROE COUNTY COURTHOUSE. ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in this proceeding, please contact the County Administrator's Office, by phoning(305)292-4441,between the hours of 8:30 a.m. -5:00 p.m.,no later than five(5)calendar days prior to the scheduled meeting; if you are hearing or voice impaired,call "711 0 NOV Mapolia CE I 0070169.doc 3 MONROE COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Monroe County Code Enforcement Petitioner VS. Case Number CE10070169 MAGNOLIA 101 LLC BRIAN LINDBACK, MGR Respondents(s) In the matter of* Re#00454110-000000 MAGNOLIA 101 LLC. BRIAN LIND (hereinafter referred to jointly and severally as gRespondent(s)) agrees that I/we are the property owner(s)of this parcel and that Itwe received the Notice of Violation/Notice Hearing issued in this case via e-mail, and that a hearing is scheduled to be heard on February 28, 2013. Signatureof 9- -pondent(s)/D 6-7— Print Name STATE O17- ni ,dia COUNTY OF M 0 n /-b e- PERSONALLY APPEARED BEFORE ME,the undersigned authority, ,Ario"A Juvoe L&-etL,L who,after first being sworn by me,affixed hi er ignature (name of indi d I signing)in the space provided above on this /I day of e e 2013. N(n;(kY PUBLIC ANN C.DEROMO MY COMMISSION 4 EE 139386 My commission expires EXPIRES:November 8,2015 PAAffidavit Good Service via E-mail Magnolia l0l.doc MONROE COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE DocN 1936837 Monroe County Code Enforcement Bko 2633 PgN 1198 Petitioner VS. Case Number CE10070148 Magnolia 101 LLC and Brian Lindback, MGR DoeN 2941821 Respondent(s) BkN 2639 PgN 2081 STIPULATION TO CODE VIOLATION AND FOR TIME TO COMPLY In the matter of: Re# 00454520-000000 Magnolia 101 LLC and Brian Lindback, MQR,(hereinafter referred to jointly and severally as uRespondent(s)") and Monroe County Code Enforcement ("Petition en, by and through the undersigned individuals, hereby agree and stipulate to the following: 1. Respondent(s) agrees that I/we received the Notice of Hearing issued in this case, and that the hearing that was scheduled in that Notice has been continued and is now scheduled to be her on Februanf 28, 2013 to determine whether the charges alleged in the Notice of Violation and Notice of Hearing are accurate and supported by substantial evidence ("Hearing"). 2. Respondent(s) agrees that the violation(s) exist as alleged in the Notice of Violation which was served in this matter. Respondent(s) understands that he/she could appear at the Hearing and contest any evidence to be submitted by Code Enforcement. However, by entering into this Stipulation, Respondent(s) understands and agrees that: STIPULATION MAGNOLIA CE10070149.doc ( ) He/she need not appear at the Hearing, instead, i ulentry of the finding is n ( ); and (b) Any evidence in the Code Enforcement file will be deemed the record in the case; and ( ) He or she waivesright to appeal any finding violation or order that he r she would ' under Section 162.11, Florida Statutes. 3. The (s) understand that the property will be checked r compliance on December 17, 2013. parties4. The fine of per day that shall accrue daily if the propertyis not brought into compliance `thin the time specified in paragraph . 5. The t( ) understands that if the Respondent(s) fails complyin the time given in paragraphfine(s) shall accrue each violation(s) remain Il kc 1936837 11 99 11 -1 ( ) $100.00 per day 110-74 $100.00r day 11 11( )O $250.00 per y k 1941821 1 -1 1 r day 1- ( ) $100.00 per day 6. The Respondent(s) r ll costs incurred in prosecuting the case within li such costs shall be imposed as a lien under Section 1 ( )( ), Florida Statutes, r u ion - ( ). 7. (s) specifically agree that this Stipulation Agreement shall be recorded in the publicr u shall constitute notice STIPULATION MAGNOLIA CE10070148.doc 3 subsequent purchasers, successors in interests, or assigns that the violations of Monroe County Code 11,0-140L4), 110-74; 118-11(a)(b): 130-186 and 21-20(c) exist. This Stipulation Agreement shall be recorded as a lien against the property and upon any other real or personal property owned by the Respondent(s) if the property is not brought into compliance by the date specified in paragraph 3. 8. Respondent(s) agrees and represents that Respondent(s) entered into this Stipulation of the Respondent(s)'s own free will. Respondent(s)further understands and agrees that he/she has the right to consult with counsel prior to signing this Stipulation, and has done so or has elected to waive this right. 9. The parties understand and agree that the Respondent(s) may revoke this Stipulation and that such revocation must be done in writing or done in person with Kathleen Windsor by the end of business February 13. 2013. DocM 1936837 BkN 2633 PgN 1200 k Doen 2639 1941821 BN P9N 2083 N STIPULATION MAGNOLIA CE I 0070148.doc By signing thisStipulation, t that they have READ, UNDERSTOOD, k 1 I,1 SlIgnature-of F49poidde—ndle-TI-bit-9 Signs re of Respondent(s)I Date uc�la L w c' Print Name Print Name STATE OF b °®' o1Ct STATE OF COUNTY OF - 4d rzL COUNTY OF undersignedPERSONALLY APPEARED BEFORE ME,tha PERSONALLY APPEARED BEFORE hlE,the i 'Rr r who,after who,aft beingfirst i first ' signature (name of i in thc (nameindividual signing)' provided above on is / day of f f,�2 2013 above on this day of 20_„_ NO ./XARY-PUBLIC NOTARY PUBLIC My commission is 20 •• ion ' r — * #EE1 EXPIRES:November8,2015 Pomona T Print narrm Y\. STATE OF I A COUNWOT� / ( BEFOREPERSONALLY APPEARED undmigned , ' , I whoafor f6-06-dng gwom by me,affixed his/her signature (name of individual signing)in tphl Wme provided above on this y of L..C" . NOTARY I '"'Y'es iLUCILLE 0.U MY COMMISSION#DD EXPIRES:APHI 19,2014 S TI MAGNOLIA 1 70148 � Rra Bonded mN Nary PublIc Und y signing this Stipulation, both parties represent that they have READ, T O , O T to its terms and n itions, BkoDoc 6336 37 233 PgH 122 Signature /Date Signature )/ Date Tint Name Print STATEOF_ ��t STATE OF COUNTY OF , COUNTYOF PERSONALLY APPEARED BEFORE ME,the PERSONALLY APPEARED BEFORE ME,the un ersigned authority, undersigned authority, who,after who,after first being sworn by me,affixed his/her signature first being swom by me,affixed his/her signature (name of individ ing)in the ac provided (name of individual signing)in the space provided above on this day of 2013 above on this day of 20� C1 AY PUBLIC NOTARY PUBLIC y co lion ex 20—: y commission expires 20 — * MY COMMISSION 1 EE 139386 EXPIRES:November 8,2015 Thru s DocN 111 / BkN 2639 PgN 2085 Signature of Petitioner(County)/Date Print STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME,the undersigned authority, who,after first being swom by me,affixed his/her signature MONROE(name of individual signing)in the space provided OFFICIAL COUNTY O above on this day of 20_ OFFICIAL RECORDS NOTARY PUBLIC MONROE COUNTY OFFICIAL RECORDS STIPULATION MAGNOLIA CE10070148.doc MONROE COUNTY CODE ENFORCEMENT SPECL4L MAGISTRATE DocH 1936838 Bk# 2633 PgN 1205 Monroe County Code Enforcement Petitioner VS. Case Number CE10070167 Magnolia 101 LLC and Brian Lindback, MGR Doell 1941822 Respondent(s) BkN 2639 PgN 2088 STIPULATION TO CODE VIOLATION AND FOR TIME TO COMPLY In the matter of: Re# 00464220-000000 Maanolia 101 LLC and Brian Lindback, MQR (hereinafter referred to jointly and severally as "Respondent(s)") and Monroe County Code Enforcement ("Petitioner"), by and through the undersigned individuals, her agree and stipulate to the following: 1. Respondent(s) agrees that I/We received the Notice of Hearing issued in this case, and that the hearing that was scheduled in that Notice has been continued and is now scheduled to be heard on FebruaKy 28, 2013 to determine whether the charges alleged in the Notice of Violation and Notice of Hearing are accurate and supported by substantial evidence ("Hearing"). 2. Respondent(s) agrees that the violation(s) exist as all in the Notice of Violation which was served in this matter. Respondent(s) understands that he/she could appear at the Hearing and contest any evidence to be submitted by Code Enforcement. However, by entering into this Stipulation, Respondent(s) understands and agrees that: STIPULATION MAGNOLIA CE10070167.doc 2 (a) He/she need not appear at the Hearing, but instead, stipulates to entry of the finding against Respondent(s); and (b)Any evidence in the Code Enforcement file will be deemed the record In the case; and (c) He or she waives the right to appeal any finding of violation or order that he or she would otherwise have under Section 162.11, Florida Statutes. 3. The Respondent(s) understand that the property will be checked for compliance on December 17, 2013. 4. The parties understand that a fine of$450.00 per day that shall accrue daily if the property is not brought into compliance within the time specified in paragraph 3. 5. The Respondent(s) understands that if the Respondent(s)fails to comply within the time given in paragraph 3, the fine(s) shall accrue each day the violation(s) remain as follows. DocU 1936838 Bkn 2633 PgN 1206 110-140(4) $100.00 per day 118-11(a)(b) $250.00 per day 21-20(c) 1 .0 per day 6. The Respondent(s) agree to pay all costs incurred in prosecuting the case within 30 days of compliance and that such costs shall be imposed as a lien under Section 162.09(2)(d), Florida Statutes, and Monroe County Code section 8-29(b). 7. Respondent(s) specifically agree that this Stipulation Agreement shall be recorded in the public records of the County and shall constitute notice to subsequent purchasers, successors in interests, or assigns that the violations of Doc N 2941822 STIPULATION MAGNOLIA CE10070167.doc BkU 2639 PgN 2089 3 Monroe County Code 110-140(4); 118-11(a)(b); and 21-20(c e A st. This Stipulation ) Agreement shall recorded as a lien against the property and upon any other real or personal property owned by the Respondent(s) if the property is not brought into compliance by the date specified in paragraph 3. 8. Respondent(s) agrees and represents that Respondent(s) entered into this Stipulation of the Respondent(s)'s own free will. Respondent(s) further understands and agrees that he/she has the right to consult with counsel prior to signing this Stipulation, and has done so or has elected to waive this right. 9. The parties understand and agree that the Respondent(s) may revoke this Stipulation and that such revocation must be done in writing or done in person with Kathleen Windsor by the end of business Fgbn.LspW 13, 20131. DocN 1936838 Bk# 2633 PgN 1207 DacV 194Pg1822 BkN 2639 N 2090 STIPULATION MAGNOLIA CE I 0070167.doc 4 By signing ti Cation, both parties represent that th , UNDERSTOOD, AND CONSENT to its conditions. Signature of Respondent(s)I Date Signature of Respondent(s)I Date Print Name/ Print Name STATEOF l r/ STATE OF COUNTY OF . COUNTY OF PERSONALLY APPEARED BEFORE ,the PERSONALLY APPEARED BEFORE MEE,the 11 rsi9n/e:7ority, undersigned authority, who,after who,after first being sworn by me,affixed his/her signature first being sworn by me,affixed his/her signature (name of indivi 1 signing)in the spacq provide (name of individual signing)in the space provided above on t1hi day of .- 20/ above on this day of 20� 7ARY PUBLIC NOTARY PUBLIC P- y commission exi P y commission expires 20 : �� MY COMMMION A EE 139386 * * EXPIRES:November 6,2015 k23368Pg 1208 Signature of Petitioner(County)/Date 822 Print kc 11P9N 2091 STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME,the undersigned authority, who,after first being sworn by me,affixed his/her signature (name of individual signing)in the space provided above on this day of 20_ NOTARY PUBLIC STIPULATION MAGNOLIA CE10070167.doc i c 1 3 By signing ti , UNDERSTOOD,AND CONSENT to its terms and ` ' o SignatureSignature of Respondent(s)I Date /Date PrintPrint Name STATE F (oSTATE COUNTY F �. _ • COUNTY F PERSONALLY APPEARED BEFORE ME, e PERSONALLY APPEARED BEFOREe igned authority, undersigned authority, ' who,eer who,after first being sworn by me,affixed hi by me,affixed his/hcrSignature (name of indivi i in the Vacq provided (name of individual signing) e space provided aboveiday o -e& 2 ,/ above on this day o JlqfARY—PUBLIC NOTARYPULIC My commission expi a• � p My commission expires 20_: * EXPIRES:Nwimber8,2015 of P"�0:61�lh r(Cou )/Dab Print name STATE OF . COUNTY F PERSONALLY APPEARED BEFORE ,the undersigned , W , after sworn ,affixed bk4w signatum (name of individual signing)' vi C C aboveo C OFFICIAL C1( A-a�9-,( T I >,eriY:••,�L1J01 C.UPRIGHT MY COMMISSION A DD 983302 y a EXPIRES:April 19,2014 ., r Bonded Thru Notary PubCic Undervidters STIPULATION MAGNOLIA 10 0167. MONROE FFICI COUNTY RECORDS 1 MONROE COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Monroe936839 Countyo Enforcement c 1 11 Petitioner VS. Case Number Magnolia 101 LLC andBrian Lindback, MGR Docn 1941823 Respondent(s) BkN 2639 STIPULATION TO CODE VIOLATION ICOMPLY In the matter f: Magnolia 101 LLC and BrianLindback, MQR (hereinafter referred to jointly and severally as"Resn nt( )") and MonroeCounty Enforcement ("Petitioner"), by and through the undersignedindividuals, r ree and stipulate to the following: 1. Respondent(s ) agrees that I received the Noticef Hearing issued in this case, and that the hearingt was scheduled in that Notice continued is now scheduled to be heard on February 28, 2013to determine whether the charges alleged in the Noticef Violation ti Hearing r accuratert substantial evidence ("Hearing"). 2. Respondent(s) agrees that the violation (s) exist as alleged in the Notice Violation is in this matter. Respondent(s) understands that he/she could appear at the Hearingcontest evidence to be submifted by Code Enforcement. However, by entering into this Stipulation, Respondent(s ) understands agreesand that: STIPULATION MAGNOLIA CE10070169.dac ( ) He/she need not appear at the Hearing, t instead, stipulates of the finding it son t( ); and ( ) Any evidencein the CodeEnforcement file will be deemed the record i ; and ( ) He or she waives the right o appeal any findingviolation r order that he or she wouldy r Section 162.11, Florida Statutes. . The Respondent(s) understand that the propertyill be checked for compliance on December . 4. The parties understand that a fine of$450.00 per day that shall accrue it if the propertyis not brought into compliance withintime i paragraph . . The Respondent(s) understands that if the Respondent(s)fails t complyi in the time givenin paragraphfine(s ) shall accrue each day the violation (s) remain s follows. Docn1936839 11 11 -1 ( ) $100.00 per day 11 -11( )( ) $250.00 per day 1- (c) $100.00 per day 6. The Respondent(s) agree to pay all costs incurred in prosecuting the case `thin 30 days of compliance and that such costs shall be imposed as a lien under Section 1 ( )( ), Floridas, and MonroeCounty i - ( ). 7. Respondent(s ) specifically agreethis Stipulation Agreement shall be recorded in the publicrecords oun II constitute notice subsequent purchasers, successors in interests, r assigns that the violations of k 13941823 ULATIONMAGNOLIA CE10070169.d Monroe 11 -1 ( ), 11 -11( )( ): and 21-20(c) exist. This Stipulation Agreement II be recordedlien in r r real or nl property owned by the ( ) if the propertyis not brought into compliance ° i in paragraph 3. 8. ( ) agrees and represents that Respondent(s) enteredinto this Stipulationn ( )' r will. (s)further agreesunderstands and he/she right I prior to signing this Stipulation, n r has electedto waive this right. parties9. The son ( ) may revoke this Stipulation and that such revocation must be done in writing or done i person with Kathleen Windsor by the end of business Februaly 13, 2013. Docn 1BkN 3 1 DOCN k 1 1 7 ls� STIPULATION MAGNOLIA CE10070169.doc 4 By signing this Stipulation, both parties represent that they have READ, UNDERSTOOD, AND CONSENT to its terms and conditions. *Ign-aOturme of Respondent(s)i Date Signature of Respondent(s)i Date I r Print Name Print Name STATE OF r-1, V STATE OF COUNTY OFF rjf,-0 COUNTY OF PERSONALLY APPEARED BEFORE ME,the PERSONALLY APPEARED BEFORE ME,the undersigned authority, who,after who,after first being sworn by me,affixed his/her signature first being sworn by me,affixed his/her signattire (name of indi al si in e (name of individual signing)in the space provided �ning) i th/_�Rac�provided_,e above on day Of _b 20�/ above on this day of 20® �XOTARY PUBLIC NOTARY PUBLIC My commission expires Zo 2 C.DER My commission expires 20—: OMO My COMMISSION#EE 13996 EXPIRES:November 8,2015 Docn 1936839 11*003 de BMW TW&J*OW"Sm BkN 2633 PgN 2215 Signature of Petitioner(County)I Date oocN 1941823 Print name BkN 2639 PgN 2098 STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME,the undersigned authority, who,after first being sworn by me,affixed his/her signature (name of individual signing)in the space provided above on this_day of 20 NOTARY PUBLIC STIPULATION MAGNOLIA CE10070169.doc By signing i , UNDERSTOOD, conditions. ign Zt�t rr—o'o f A a so pn o rn d er n t(a)I �te Signature of Respondenti(s)I Date / C ..0✓1 -Ci Print Name Print Name T F STATE F PERSONALLY APPEARED BEFORE ME, e PERSONALLY APPEARED BEFORE ME,the ersigned authority, i gned authority, o, r first e® e,affixed his/her signature e' i signature (name of indi ' si In (nwne of individual si in in aboveabove on this0 PUBLIC NOTARY PUBLIC My commission expires P y i i : D * * # f WIFIES:November 8,2015 Doco 1936839 of% BKW 1216 Print name c COUNTY OF_hAh"E�— undersigned , being[�A—Atvw wQA'DW— who,after i si galiftre (name of indivi sprovided above ' 9yOf JjEj6L i OFFICIAL,�Qj CA-aC k A CAN I LIC LUCILLE C.UPRIGHT IN- 00-01" MY MISSION DDDj EXPIRES:Apd,19,S U 71 OL1A 1 7017hru N Public COUNTYMONROE OFFICIAL RECORDS Exhibit " C . " Ebtrb �tq;trtrt Court of Z(ppeat State of Florida Opinion filed February 27, 2019. Not final until disposition of timely filed motion for rehearing. No. 3D17-1312 Lower Tribunal No. 13-945-P Magnolia 101, LLC, et al., Appellants, vs. Monroe County, etc., Appellee. An Appeal from the Circuit Court for Monroe County, Luis M. Garcia, Judge. Vernis & Bowling of the Florida Keys, P.A., and Gaelan P. Jones and Scott C. Black, for appellants. Peter H. Morris, Assistant County Attorney, for appellee. Before LOGUE, HENDON, and MILLER, JJ. PER CURIAM. Affirmed. M A N D A T E from DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA THIRD DISTRICT This cause having been brought to the Court by appeal, and after due consideration the Court having issued its opinion; YOU ARE HEREBY COMMANDED that such further proceedings be had in said cause as may be in accordance with the opinion of this Court, and with the rules of procedure and laws of the State of Florida. WITNESS the Honorable Kevin Emas, Chief Judge of the District Court of Appeal of the State of Florida, Third District, and seal of the said Court at Miami, Florida on this day. DATE: March 19, 2019 CASE NO.: 17-1312 COUNTY OF ORIGIN: Monroe T.C. CASE NO.: CAP13-945 STYLE: MAGNOLIA 101, LLC, et v. MONROE COUNTY, etc., al., Try. 1,S T'} � 'z .553 ORIGINAL TO: Monroe Clerk cc: Scott C. Black Peter H. Morris Gaelan P. Jones la Doe#2388237 Bk#3190 Pg#120 Elcctronically Recorded 8/18/2022 at 10:45 AM Pages 38 Filed and Recorded in Official Records of MONROE COUNTY KEVIN MADOK ElectronicallyREC: $324.50 SETTLEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISISONERS OF MONROE COUNTY, FLORIDA, MAGNOLIA 101, LLC,AND BRIAN LINDBACK AS OFFICER OF MAGNOLIA 101, LLC,AND ATLANTIC TRASH &TRANSFER LLC Board of County Commissioners of Monroe County, Florida (hereinafter"Monroe County" or the"County"), and Magnolia 101, LLC,Atlantic Trash&Transfer LLC, and Brian Lindback as the sole managing member and officer of said entities (hereinafter "Lindback"), hereafter collectively referred to as the"parties", hereby agree to settle any and all disputes by and among the parties as it relates to the code enforcement cases, liens and controversies referenced herein as follows: 1. WHEREAS, Magnolia 101 LLC currently owns those certain below-described parcels of real property, and took title to them pursuant to that certain deed recorded in the Official Records of Monroe County on or about March 51", 2008, at Book 2348, Page 1824, Document Number 1685024. Squares 5 and 20,Ocean Acres, according to the Plat thereof, as recorded in Plat Book 1, Page 188 of the Public Records of Monroe County, Florida. 2. WHEREAS, following administrative hearings brought pursuant to found violations of the Monroe County Codes as memorialized in the Notices of Violation and Final Administrative Orders previously issued and entered in those certain Monroe County Code Compliance Department cases identified as Code Enforcement Case No. CE07040209, Code Enforcement Case No. CE0704021 1, Code Enforcement Case No. CE07040212, Code Enforcement Case No, CE09050067, and Code Enforcement Case No. CE13050096, the Monroe County Code Compliance Special Magistrate issued the attached recorded Final Administrative Orders, appended as Exhibit "A." hereto and hereby Page 1 of 11 Doc.42388237 Page Number:2oY30 incorporated as if fully set forth herein,which are cunord liens of record against the property ofUndbook. 3. WHEREAS, the parties desire to compromise and settle and hereby stipulate and bindingly agree to the following: NOW,THEREFORE,for good and valuable consideration, the adequacy of which is hereby expressly acknowledged and attested to by the porties. Lindbank and N1oO[0e County hereby agree 88follows: Recitals.The foregoing recitals are true and correct and are hereby incorporated aa|f fully set forth herein. .The parties have entered into this Settlement Agreemen knowingly,freely, and voluntarily, having determined that they have adequate information upon which to make informed decisions and having decided that it is in their best interests to amicably resolve all code enforcement cases, liens and controversies referenced herein. A, Neither party is under coercion or duress. Neither has been forced into this Agreement or threatened in any way. B. Neither party knows uf any fact or circumstance which would cause this Agreemen tnbe void orunenforceable. C. Except as provided henain. the parties agree that each shall bear its own attorneys'haes. costs and expenses arising out of, in connection with, or related to, this matter, whether such fees, costs, or expenses have been incurred prior to the execution mfthis Agreemen or will beincurred after its execution. Page 2Of1i Doc.42388237 Page Number:3oY30 D. L|DdbQnk agrees b)the following: 1. Immediately upon the CounLvnopprovo| of this Agreemen (much approval being evidenced ao the date of and in the form ofthe undersigned Assistant County Attorney'o executed approval ufthis Agreemen . as authorized by the approval and/or ratification of this Agreemen by the Monroe County Board Vf County Commissioners ("BOCC'')mka public meeting mf the BOCC. convey by warranty deed the following real property over tothe Monroe County Board of County Commissioners: A. The parcel referenced above aG Square 5.` Ocean Acres, according bJ the Plat thereof, as recorded in Plat Book 1. Page 188of the Public Records nf Monroe County, Florida" (hereinafter"Square 5^); and B. Said deed shall be issued and deposited in escrow with The Jacobs Law Group, Attn: Russell Jmoobn, 2O70O West Dixie HighxvQy. Avgntun8` Florida 33180. 2. Affidavit of Clear Title and No Encumbrances. A. Lindback(i]warrants and certifies that Square 5is held and titled in the name of Magnolia 1O1. LLC, free and clear ufany encumbrances (other than the instant Monroe County code enforcement liens and that certain mortgage given to First State Bank of the Florida Keys(the ^K8ortgege^)which shall bm 'Also known oa"Parcel 5.Ocean Acres,according hz the Plat thereof,aa recorded in Plat Book 1.Page 188 of the Public Records of Monroe County,Florida",and/or"Lot 5,Ocean Acres,according to the Plat thereof,as recorded in Plat Book 1,Page 188 of the Public Records of Monroe County,Florida". Page 3of 11 Doc.42388237 Page Number:4oY30 released and satisfied ed the time of conveyance/transfer to Monroe County). and 0]warnonta and certifies that Magnolia 1D1. LLC. has not conveyed Square 5nr any interest therein to any natural or legal person. B. LindbaokU]warrants and certifies that itistrue and correct that asof the date of his execution ufthis Agreemen no liens (other than Monroe County's code enforcement liens and the Mortgage which shall b8 released and satisfied m<the time of transfer to Monroe County). |oens, mnodQaQo encumbrances, or non-mortgage encumbrances, encumber Square 5Ui\warrants and certifies that osnf the date of his execution ofthis 4dIree�Ient said parcel is free wf all liens(other than the instant Monroe County code enforcement liens and the Mortgage which shall ba released and satisfied at the time of transfer toMonroe County). loans, mortgage encumbrances and non-mortgage encumbrances, and 0Lvvarn@OtS' certifies' and gUan@Ok)8s that no such liens, or loans, or encumbrances of any kind will bm oxecubed, placed on, or recorded regarding or relating to Square 5 between the date of his execution of this/cQ]eeme[d and the later date of his execution ofa warranty deed conveying Square 5 to Monroe County and the date said executed warranty deed ia recorded bythe County. Page 4ofI i Doc.#2380237 Page Number:5nf3* 3. Bx executing and authorizing recordation ofthis Settlement Agreement, Undback waives any and all challenge to, and consents to, Monroe CoUnb/s official determination that neither Minor Conditional Use Pmmnit/K8inorConditiono| Use Development Order No. 2-02. recorded at Book 1790' Page 1377, Document No. 1305054. of the Public Records of Monroe County, Florida ("CUP No. 2-02^). nor any other development order, development permit, act, omission, decision, or representation of Monroe County authorize rock crushing and/or pulverization, concrete pulverization and/or crushing, the separation or sorting or fragmentation or hammering Or extraction or excavation uf concrete, rocks, Vr rubble by means of equipment ornmmchine(o), and the separation or sorting or fragmentation or hammering or extraction or excavation of rebar or similar materials from concrete, rocks, rubb|e, or debris by means of equipment ornnachine/a\on Square/Lot 2O. and that by executing and authorizing recordation Ofthis Settlement Agreement, he and his SuccessOr(s)-in- |ntanuct and/or uunneomor(s)-in-UUeare at present prohibited from engaging iD such land use, activity,or operation. Monroe County reciprocally agrees that this acknowledges and attests to the current history of development appnoveKs)for Square/Lot 2O referenced above and does not function @s a restrictive covenant upon said property, and that this does not bar Lindback or his successor(s)-in-title or interest from submitting one or more applications requesting approval Vfan amendment 0u CUP No. 2-O2 and/or submitting one or more applications requesting Page 5Df11 Doc.42388237 Page Number:6oY30 approval ufun amendment ho CUP No. 2-O2 and/or submitting one or more applications requesting additional development orders or development permits otherwise authorizing such land use. ac±iYity. or operation. It is specifically understood an agreed that nothing contained herein shall prohibit Lindbaukor his auoce000r(m)-in-title or interest from accepting and receiving concrete, nuoks, rubb|g, or debris and transferring said materials off Square 2O without engaging inany of the prohibited activities described above. 4. Monroe County guarantees that it shall, without any bias or consideration of past Code violations involving Lindbaok' exercise utmost professional neutrality in evaluating any and all development applications submitted byLindbaokorhis suonosoor(a�in-tidoor interest tV either the County orto the State Uf Florida, including but not limited boapp|)oation(o)submitted to the Department ofEnvironmental Protection. E. In the event Lindbgchorhis successor(s)-iD-UUmur interest does not comply with the obligations memorialized at foregoing Paragraph ^D.^, after receiving notice uf the same and failed to cure the same within 3D days ofreceiving said written notice, then the parties agree that Monroe County shall be entitled to obpu|obad judgment immediately enjoining any prohibited conduct or actions and mn order imposing a daily fine of$250.00 per day for said prohibited activity until compliance. |f after the execution of this Agreement, and compliance with the terms and conditions herein, Lindbach sells or Page 6of11 Doc.42388237 Page Number: 7oY30 divests himself of all title or interest in the subject properties boanunrelated party or entity, the unrelated party or entity shall bo subject tuthe enforcement provisions contained henain, and he shall not be subject toany enforcement provisions contained herein. In addition, if Monroe County fails to comply with its obligations $s set forth |nthis Agreement, then Monroe County shall be obligated to convey Square 5 back tVLindbuok and/or his successors and/or assigns. F. Satisfaction and Release. Simultaneously with (i]the executed warranty deed of Square 5 being conveyed to Monroe County being delivered into escrow and|D after recordation of this executed Settlement Agreement, Monroe County agrees that: 1. |t shall issue a recordable instrument and deposit the same|nescrow with The Jacobs Law Group, Attn: Russell Jacobs, 2O7O0 West Dixie Hiqhvvoy, Aventura. Hnrido3318O: a. Deeming fully satisfied and forever releasing Lindbaok and his property from any and all outstanding fines and/or costs associated with the Oounty's above-referenced final administrative orders recorded os liens, the Final Judgment filed in Case No. 2O13 CA- 945-P. Document No. 2121990 recorded at Bonk2853. Poge237. the Notice ofLis Pgndmns Document No. 1097973, recorded at Book No 2703, Page 923. and any and all other liens or violations against Undbook and/or any nf his pr his properties referenced in this Aonoam�ntand Agreement; Page 7 of 11 Doc.42388237 Page Number:0oY30 b Releasing Undbackand his property from the CountvS operative conservation easement on Square 2O referenced more fully above./ appended as Exhibit"f3'" 2 The Monroe County Planning and Environmental Resources Department shall not object tuor recommend denial ofanapplication for right-of-wmy abandonment petition submitted by Lindbaoh or his suoomsgVr(g)-in-tit(eVr interest, that requests abandonment ofthe portion uf the hght-Vf+wayof Hibiscus Street laying bebwaen Squares/Parcels/Lots 20 and 23. of the Ocean Acres 8ubd|vision, as recorded in Plat Book 1. page 188. On Key Largo, Florida, more particularly depicted 0Othe aerial appended as Exhibi*'^C." 3. The Monroe County Planning and Environmental Resources Department shall not object to, deny, or recommend denial ofany app|ioation/a\submitted byLindbaokor his suoonomora-in-t|deor interest seeking t0 expand development(whether in the form of o|eorin0, construction, operaUnnm, etc.) into the right-of-way area upon abandonment and former conservation easement area upon release, assuming all Land Development Code and Comprehensive Plan requirements are met. G. . |nno event shall the interpretation or operation ofthis be construed or applied bz have Monroe County assume the Mortgage orany responsibility or liability arising thereunder, in whole or in part. The Mortgage "Thm&oertainoperaUvmConectiveGmntn[CmnmmnmUonEaaementmcon1edatBunh2x94.Pmgo2205. Document No. 1725484.of the Public Records of Monroe County,Florida. Page 8nf11 Doc.42388237 Page Number:9oY30 Gh*U be released and satisfied in the land records of Monroe County immediately prior to recorded conveyance of the Square/Parcel 5 over tothe County. Jurisdiction.The Circuit Court ofthe 1G*Judicial Circuit in and for Monroe County, Florida, ahu|| have jurisdiction over this Settlement Agreemen for the sole purpose of enforcing its terms. Section 4-Good Faith. These settlement negotiations have been undertaken by the pohioa in good faith. Section 5-Choice of Law; Governing Law-, .This Aureement is not subject to arbitration and shall be governed by, and construed and enforced in accordance with, the laws of the state of Florida, and venue for all claims, controversies, or disputes relating tothis Agreemen shall remain in the Circuit Court Ofthe 18*JVdiC|a| Circuit in and for Monroe County, Florida, Effect.Section 6 -Binding It is agreed and understood that this Agreement shall he and is binding upon the parties heneto, including theirauooesmors'in'inbeFemL Section 7 -Inconsistency, Partial Invalidity, Severabillity,and Survival of Provisions. If any provision or term of this Agreement, or any portion(s)thereof, is/are in any way invalidated by any administrative hearing officer or court ofcompetent jurisdiction, such invalidation shall neither limit nor impair the validity or operation of any other provision or term, or remaining portion(s)thereof. All such other provision(s) and term(a), orpodion(s)thereof, mhoU continue unimpaired in full force and effect. Section 8-Integration.This Agreemend constitutes the entire kgreementand any representation or understanding of any kind preceding the date of the parties' Page 9Cf11 Doc.#2388237 Page Number: 10 of 38 written final approval of this Agreement not specifically and expressly memorialized herein is not binding on either of the parties except to the extent that it has been specifically and expressly memorialized in this Agreement. Section 9-Non-Reliance by Third-Parties. No non-signatory person(s)or entity(ies)shall be entitled to rely upon any conditions, provisions, or terms of this Agreement to enforce or attempt to enforce any third-party claim(s) or entitlement(s)to or benefit(s)from any conditions, provisions, or terms hereunder. Section 10 -Execution in Counterparts. The parties acknowledge and agree that this Agreement may be executed in one or more counterparts, each counterpart shall be considered an original portion of this Agreement, and all which constitute a single instrument. Section 11 -Effective Date. Once fully and finally executed by Magnolia 101 LLC and the County, this Agreement shall be considered legally effective and binding. Section 12 -Exhibits/Scrivener's Errors. The Monroe County Board of County Commissioners authorizes the Monroe County Attorney and counsel representing the Monroe County Attorney's Office in this matter to insert all exhibits referenced herein, and to correct any scrivener's errors within this Agreement, prior to written execution of this Agreement on the County's behalf as authorized and approved by the Board of County Commissioners following a duly noticed public meeting of the Monroe County Board of County Commissioners at which this Settlement Agreement is considered. WIITNESSESS`�TO ALL: APPROVED 411ti C .L�JzmU Witness No. 1 (Print Name) Brian Lindback(Signature)— Page 10 of 11 Doc.4 2388237 Page Number: 11 of 38 Witness No. I (Signature) Witness No. 2 (Print Name) Witness No. 2 (Signature) STATE OF FLORIDA COUNTY OF MONROE The foregoing Settlement Agreement, was acknowledged and attested before me this 171'day of August, 2022, Brian Lindback, who is personally known to me or produced as proof of identification ana—cfja-Fake an oath. ANN C.DEROMO .............. COMMISSIOn#GO 352724 Notary Public(Print Name) Expires November 8,2o23 Bo4404 Thfu ekdoal"ry Notary Public Seal Notary Public(Signature) ON BEHALF OF MONROE COUNTY, FLORIDA: 8/17/22 Peter H. Morris Date Assistant County Attorney F13N: 104101 Morris-Peter(-cb,Monroecounty-FL.gov Monroe County Attorney's Office 1111 12th Street, Suite 408 Key West, FL 33040 Telephone: (305) 292-3470 Telefax: (305) 292-3516 Page 11 of 11 Doc.#2388237 Page Number: 12 of 38 Exh 'ib 'lt ■ Doc.4 2388237 Page Number: 13 of 38 BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE LARRY J.SARTIN MONROE COUNTY,FLORIDA MONROE COUNTY,FLORIDA CASE NO.CE07040209 Petitioner. Doc# 1670155 11/09/2007 10:45AM Filed & Recorded in Official Records of vs. MONROE COUNTY DANNY L. KOLMAOC OCEAN ACRES RECYCLING,LLC Doc# 1670155 Respondent(s). Sku 2330 Pq# 1372 ORDER IMPOSING ADMINISTRATIVE COSTS AND ORDER OF TIMELY COMPLIANCE THIS CAUSE having come on for public hearing before the Code Enforcement Special Magistrate on August 30'h 2007, at the Monroe County Government Regional Center, located at 2798 Overseas Highway, Marathon, Florida, the Special Magistrate, having reviewed the evidence, heard testimony under oath and being otherwise fully apprised in the premises, makes the following findings of fact and conclusions of law: 1. That the Special Magistrate has jurisdiction over the subject matter of this action; 2. That the Respondent(s)was/were properly served with notice of hearing held in this matter and is/are subject to the orders of the Special Magistrate; 3. That the violation(s)alleged in this matter exist(s)in relation to: MONROE COUNTY RIGHT OF WAY AT OCEAN ACRES,KEY LARGO,MONROE COUNTY,FLORIDA; 4. That the above named Respondent(s)has achieved timely compliance; Therefore it is ORDERED AND ADJUDGED that this case is dismissed. 5. That pursuant to Florida Statutes Section 162.07, a cost in the amount of Doc.#2388237 Page Number: 14 of 38 $100.00(ONE HUNDRED DOLLARS)is hereby levied for the administrative recovery for prosecution and investigation. Said fine, if not paid within thirty (30) days of this order, shall be recorded in the public records of Monroe County and shall thereafter constitute a lien against the land on which the violation or violations existed and upon any other real or personal property owned by the violator(s). DONE AND ORDERED at the Division of Administrative Hearings, Tallahassee, Florida,on this 301h day of August,2007. Larry J.Sart' Code Enforcement Special Magistrate Doep 1670155 STATE OF FLORIDA aka 2330 Pg# 1373 COUNTY OF LEON I HEREBY CERTIFY that on this day before,me,an officer duly qualified to take acknowledgments, personally appeared Larry J. Sartin, personally known to me, who executed the foregoing and acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid on on this 301h day of August,2007. .0 Ka# ren L.BeYi '`w� oaa D3W Notary blic *°'" Em**sduna2a'2M 1 HEREBY CERTIFY that a true and correct copy of the above has been furnished to the Respondent(s)by U.S. Mail attn: Carl Lindbeck at P.O. Box 489, Islamorada, FL 33036,on this 301h day of August,2007. t Karej L.Bass C05V Enforcement Liaison Please make check or money order payable to Monroe County Code Enforcement and mail to 2798 Overseas Highway,Marathon,FL 33050. This must be paid within 30 days or this order will be recorded with the Clerks'office and constitute a lien on the above mentioned property. MONROE COUNTY OFFICIAL RECORDS Doc.#2388237 Page Number: 15 of 38 Doc# 1664912 03/04/2008 3:00PM Filed 6 Recorded in Official Records of MONROE COUNTY DANNY L. KOLHRGE Doc# 1694912 6ktt 2348 Plitt 1434 BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE LARRY J. SARTIN MONROE COUNTY,FLORIDA MONROE COUNTY,FLORIDA, CASE NO. CE07040211 Petitioner. VS. OCEAN ACRES RECYCLING,LLC Respondent(s). FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER THIS CAUSE having come on for public hearing before the Code Enforcement Special Magistrate on July 27'2007, at the Monroe County Government Regional Center, located at 2798 Overseas Highway,Marathon,Florida,the Special Magistrate,having reviewed the evidence,heard testimony under oath and being otherwise fully apprised in the premises,makes the following findings of fact and conclusions of law: FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. That the Respondent(s)is/are the owner of record of property located at: OCEAN ACRES,PB1-188,KEY LARGO LOT 20,MONROE COUNTY,FLORIDA (RE#00454520-000000); 2. That the Respondent(s)was/were duly noticed of this hearing;and 3. That the above-named property is in violation of the Monroe County Code as more particularly described in Exhibit"A",which is attached hereto and incorporated herein. Therefore it is ORDERED AND ADJUDGED that: A. Respondent(s)is/are in violation of the Monroe County Code(s)and is/are ordered to Doc.#2388237 Page Number: 16 of 38 comply with the provisions of said codes by August 23rQ 2007. A compliance/review hearing will be held on August 30"2007. CONTAINERS ARE TO BE REMOVED BY COMPLIANCE DATE,OR FINES WILL BEGIN ACCRUING. B. Upon complying, Respondent(s)shall notify the Code Inspector in this case who shall re-inspect the property and notify the Code Enforcement Department of compliance. C. Noncompliance by the above date will result in the imposition of a fine, $250.00 (TWO HUNDRED FIFTY DOLLARS), per day,for each day thereafter that Respondent(s)is/are in violation. D. Pursuant to Florida Statutes Section 162.07,a cost in the amount of$100.00(ONE M HUNDRED DOLLARS)has been levied for the administrative recovery for prosecution and a investigation. N a ° E. In the event of nonpayment of fines/liens imposed,a certified copy of an order imposing a fine ap N may be recorded in the public records and shall thereafter constitute a lien against the land on c which the violation or violations exist and upon any other real or personal property owned by om the violator(s). F. You have the right to appeal this order to the Circuit Court of Monroe County. If you wish to appeal,you must do so no later than thirty(30)days from the date of this Order. Failure to timely file a written Notice of Appeal will waive your right to appeal. DONE AND ORDERED at the Division of Administrative Hearings,Tallahassee, Florida, this Jz day of August,2007. er Larry J. S Code Enforcement Special Magistrate STATE OF FLORIDA COUNTY OF LEON I HEREBY CERTIFY that on this day before me,an officer duly qualified to take acknowledgments,personally appeared Larry J. Sartin,personally known to me,who executed the foregoing and acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 2' 0'p day of August, 2007. Notary Public "ceft �U Elma Williams ' =Commission#OD481642 �I Expires December 2 2004 I" OWd dT.,F-I� 2 Doc.#2388237 Page Number: 17 of 38 EXHIBIT "A" DocK 1684912 Bkk 2348 NO 1436 VIOLATION(S): COUNT 1. Pursuant to Monroe County Code§9.5-11 l(1)- A building permit is required prior to the following: (1)Any work specified in chapter 6.0; Land clear without benefit of a permit. CORRECTION(S): COUNT 1. Please contact the Monroe County Building Department and the Monroe County Biologist and obtain an after the fact permit for land clear,and obtain a restoration agreement. Containers are to be removed by compliance date,or fines will begin accruing. CONTACT YOUR CODE INSPECTOR UPON COMPLIANCE Upper Keys(305)852-7135 Middle Keys(305)289-2810 Lower Keys(305)292-4495 I HEREBY CERTIFY that a true and correct copy of the above has been furnished to the RespondXtvia first-class mail Attn: Carl Lindbeck(Mgrm)P.O. Box 489,Islamorada,FL 33036, this y of August, 2007. Code#nforcement Liaison Kare . Bass Please make check or money order payable to Monroe ounty Code Enforcement and mail to 2798 Overseas Highway,Marathon, FL 33050. MONROE COUNTY OFFICIAL RECORDS 3 Doc.#2388237 Page Number: 18 of 38 BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE LARRY J. SARTIN MONROE COUNTY, FLORIDA Doc# 1685923 03/12/2008 9:26AM MONROE COUNTY, FLORIDA Filed & Recorded in official Records of Petitioner, MONROE COUNTY DANNY L. KOLHAGE vs. CASE NO. CE07040212 OCEAN ACRES RECYCLING, LLC DocN 1685923 Respondent(s). Bk# 2349 P90 1970 ORDER IMPOSING PENALTY/LIEN THIS CAUSE having come on for public hearing before the Special Magistrate on July 27, 2007, at the Marathon Government Regional Center, located at 2798 Overseas Highway, Marathon, Florida, after due notice to the Respondent(s), at which time the Special Magistrate heard testimony under oath, received evidence, and issued his Order funding the Respondent(s) in violation of Monroe County Code Section(s): §9.5-111(1), §9.5-236(a)(5). Said Order, and subsequent orders, required the Respondent(s) to correct the violation(s) by August 23, 2007, and further, that failure to correct the violation(s) by the compliance date would result in a fine $250.00, (TWO HUNDRED FIFTY DOLLARS) per day, being imposed for each day thereafter that there is noncompliance. At the hearing of the Special Magistrate held on January 3? 2008, Inspector Link testified that the violation(s)had not been corrected: ACCORDINGLY, the Special Magistrate finding that the violation(s) bad not been corrected, as previously ordered,it is hereby: ORDERED that the Respondent(s)pay to Monroe County, Florida, a fine in the amount of$250.00, (TWO HUNDRED FIFTY DOLLARS)per day,beginning August 24, 2007, and for each and every day thereafter that the violation(s) exist(s) and/or continue(s) to exist. Pursuant to Florida Statutes Section 162.07, a cost in the amount of $100.00 (ONE HUNDRED DOLLARS) is hereby levied for the administrative recovery for prosecution and investigation. THIS ORDER SHALL CONSTITUTE A LIEN AGAINST THE LAND ON WHICH THE VIOLATIONS) EXIST(S) AND UPON ANY OTHER REAL OR PERSONAL PROPERTY OWNED BY THE VIOLATOR(S). Doc.#2388237 Page Number: 19 of 38 THE VIOLATION(S) EXIST(S) ON THE FOLLOWING DESCRIBED PROPERTY: OCEAN ACRES PBl-188 KEY LARGO LOTS 35-36 & 45, KEY LARGO, MONROE COUNTY,FLORIDA (R.E:00454 1 1 0-000000). W o 7r 0 an Pursuant to Section 162.09, Florida Statutes, this lien may be recorded with the Clerk w.. of the Courts for Monroe County, Florida. co ro �N That upon complying, the Respondent(s) shall notify the Code Inspector in this " case, who shall reinspect the property and notify the Special Magistrate of compliance. V DONE AND ORDERED this 17'4 day of February,2008, at the Division of Administrative Hearings,Tallahassee,Florida. BY Larry J. Sart Code Enforcement Special Magistrate STATE OF FLORIDA COUNTY OF LEON I HEREBY CERTIFY that on this day, before me, on officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments, personally appeared Larry J. Sartin, personally known to me, who executed the foregoing and acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this day of February,2008. Elmo iln Commissss *Dion D481642 Expires December 2,2009 Notary Public I HEREBY CERTIFY that a true and correct copy of the above and foregoing Order Imposing Penalty/Lien has been furnished by U.S. Mail, to the Respondent(s)to the ATTN: 1 Carl E. Lindback III(Manager&RA)P.O. Box 489, Islamorada, FL 33036 , this y of February,2008. Karen . Bass, Code lInforcement Liaison MONROE COUNTY OFFICIAL RECORDS Doc.#2388237 Page Number:20 of 38 BEFORE THE COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE MONROE COUNTY,FLORIDA MONROE COUNTY FLORIDA, ) //'�'� Petitioner, ) Case No.CE � � _ vs. ) Subject Property �Real Estate Number: I Deep 1756931 08/31/2009 10:03AM Filed 6 Recorded in Official Records of MONROE COUNTY DANNY L. KOLHAGE Respondent(s). ) Doca 1756931 BkU 2429 Pqq 846 FINAL ORDER Having fully considered the evidence presented at hearing,Including testimony of the Code Enforcement Inspector(s)and/or witnesses under oath,the following Findings of Fact and Conduslons of Law are ORDERED: The Respondent /or Authorized Representative war were not pre ent and did ld a test the violation(s)set forth in the Notice of Violation/Notice of Hearing which Is Incorporated herein as if fully set forth. The Respondent(s)is/are the owner(s)of property located within Monroe County and was/were duty noticed of the hearing.The Respondent(s)is/are in violation of the Monroe County Code(s)as fully set forth in the Notice of Violation/Notice of Hearing filed in this case and pursuant to Section 162.07 of Florida Statutes costs in an amount to be determined at the conclusion of this case are hereby levied for the administrative recovery of the costs of prosecuting and Investigating this matter.Costs will continue to accrue unfit compliance Is achieve „ is{,jogyd. Furthermore,the Respondent(s)shall comply with those Code(s)referred to in the Notice of Violation/Notice of Hearing on or before }I�„�" THE COMPLIANCE DATE"), ( n the event the violation(s)were or are not corrected on THE COMPLIANCE DATE PREVIOUSLY ORDERED or on THE COMPLIANCE DATE SET FORTH HEREIN,fine(s)in the amount of: for each day beginning on THE DAY AFTER THE COMPLIANCE DATE that the Respondent(s)is/are In violation is/are hereby ORDERED. ( )a one Lme fine of$ is ORDERED,and the condition causing the violations)is found to present a threat to the public health,safety and welfare. It is further ordered,that the County is hereby authorized to make all reasonable repairs which are required to bring the property into compliance and charge the respondent(s)with cost of repairs including administrative recovery of the costs of prosecuting and investigating this matter. ( )The Respondent(s)is/are ordered to attend a compliancelreview hearing to be held on 20� IT IS THE RESPONI)ENT(S1 RESPONSIBILITY TO REQUEST A REINSPECTION TO DETERMINE WHETHER THE PROPERTY IS COMPLIANT BY CALLING CODE ENFORCEMENT AT(3051453-8806 FOR THE UPPER KEYS:(305)2a9-2910 MR.THE MIDDLE Il(305)ZU-4495 FOR THE LOWER KEYS. In the event of nonpayment of fines and costs imposed on Respondent(s),a certified copy of this Order may be recorded In the public records and shall thereafter constitute a lien against the land on which the violation or violations exist and upon any other real or personal property owned by the violator. The County may Institute foreclosure proceedings tf the lien remains unpaid for three months.Please make checks Payable to Monroe County Cade Enforcement and mall to:Monroe County Code Enforcement,Attn:Office of the Liaison,2798 Overseas Hwy.,Suite 330,Marathon,FL 33050, ( ) The Respondent(s)were in violation of the MONROE COUNTY Code(s)as fully set forth in the Notice of Violation/Notice of Hearing filed in this case and did not come into compliance on or before THE COMPLIANCE DATE but are now in compliance.The Respondent(s)shall pay the total amount of cost and/or fines to Monroe County Code Enforcement within thirty(30)days of this Order. L DATED this,&-( TA_day of�V V .�/-1-- _- 20-M. LARRY J.S IN Magistrate APPEAL PROCEDURES Respondent(s)shall have 30 days from the data of the foregoing Order of the Special Magistrate to appeal said Order y filing a Notice of Appeal,signed by the Respondent(s). ANY AGGRIEVED PARTY, INCLUDING MONROE COUNTY, MAY HAVE APPELLATE RIGHTS WITH REGARD TO THIS ORDER PURSUANT TO SECTION 162.11,FLORIDA STATUTES. ANY SUCH APPEAL WILL BE LIMTITED TO APPELLATE REVIEW OF THE RECORD CREATED BEFORE THE SPECIAL MAGISTRATE. ANY APPEAL MUST BE FILED WITH CIRCUIT COURT WITHIN 30 DAYS OF THE EXECUTION OF THIS ORDER. J;9RT1Fl_CATTTE OF ORDER AND SERVICE I hereby certify that this is a true an ,care of the above Order and that a true and correct copy has been furnished to the FiE t j and/or Authorized Representative via hand delivery 1ss U.'' address of record with the Monroe County Property Appraiser's Office on this_,�day of MONROE COUNTY .C�Z �.G �%%�ic�( !s OFFICIAL RECORDS Nicole M.Patrick,Cade Enforcement Liaison Doc.4 2388237 Page Number:21 of 38 DocN 1970700 02/28/2014 10:37411 Filed & Recorded in official Records OF MONROE COUNTY RMY HEAVILIN Doc# 1970700 BkN 2673 P9N 538 P, BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE JOHN G.VAN LANINGHAM MONROE COUNTY,FLORIDA MONROE COUNTY FLORIDA, Petitioner, vs. Case No.CE13050096 MAGNOLIA 101 LLC; ATLANTIC TRASH AND TRANSFER LLC;and BRIAN LINDBACK, Respondents. FINAL ORDER This case came before the Code Compliance Special Magistrate for final hearing by video teleconference on September 26,2013,at sites in Marathon and Tallahassee,Florida. Petitioner Monroe County("County")was represented by Steven T.Williams,Esquire,Assistan County Attorney. Scott C.Black,Esquire,represented Respondents. The County initiated this proceeding on June 17,2013,by issuing a Notice of Violation ("NOV")against Respondents. As charged in the NOV,the property at issue(the "Property")is located at 101 Magnolia Street,Key Largo,Florida,and has been assigned real estate number 0045420-0000(X). The County alleges that the Property is in violation of the Monroe County, Florida Code("Code")on five separate grounds. The NOV provides,in relevant part,as follows: [Count I 130-74.(a)-ACCESSORY USES/AUTHORIZED USE No land in the county shall be developed,used or occupied unless expressly authorized in Monroe County Code Chapter 130. Page 1 of 7 Doc.#2388237 Page Number:22 of 38 Doc# 1970700 BkO 2673 P9N 539 [Count 11] 130-94.-SUBURBAN RESIDENTIAL DISTRICT (Count 1) The establishment of a heavy industrial use,in the form of resource extraction,without the benefit of a permit is prohibited. ... : x x [Count 111] 130-94.-SUBURBAN RESIDENTIAL DISTRICT (Count 2) The activities beyond the approved area of Lot 20(such as the production and transfer of mulch and use of public property for heavy equipment),are light and heavy industrial uses and are not permitted .... [Count 1V] 21-21,(b)-ILLEGAL DISPOSALJROADS/WATER/ [Count V] 118-40—GENERAL RESOURCE EXTRACTION STANDARDS All resource extraction activities must comply with the provision of MCC Sec.118-41 and Sec. 118-42. During the final hearing,the parties reached an agreement to settle Counts 1,111,and IV. The parties'written agreement concerning these charges has been incorporated into this Final Order. At hearing,the County presented as witnesses its employees Kathleen Windsor,Diane Link,and Michael D.Roberts. Petitioner's Exhibits 1—90 were received in evidence. Respondents called Brian Lindback as their sole witness and offered no exhibits. Having fully considered the evidence presented at hearing,and having considered the parties'respective proposed final orders,the following findings of fact and conclusions of law are made. FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. Respondent Magnolia 101,LLC("Magnolia"),a Florida corporation,owns the Property. Respondent Brian Lindback("Lindback")is the president of Magnolia. He is also the president of Respondent Atlantic Trash and Transfer,LLC. Page 2 of 7 I Doc.#2388237 Page Number:23 of 38 DocBkpU267307P90 540 2. The Property is a square parcel sometimes referred to as Lot 20. Magnolia owns three other square parcels located near Lot 20 on Magnolia Street in Key Largo,Florida. Each of these parcels—known respectively as Lots 1,4,and 5—has a unique real estate number.' The NOV does not allege that Lots 1,4,and 5,are in violation of the Code,either collectively or separately. 3. To remedy past Code violations,Magnolia was required to replant trees on portions of Lots 1,4,and 20. To perform this work,Magnolia retained Conch Tree Landscaping("Conch Tree"). Conch Tree applied for permits but,as of the final hearing,none had been issued. 4. On or about May 8,2013,during an inspection of Magnolia's property,Kathleen Windsor,a County Code Compliance officer,observed trenches in the ground from which coral rock had been removed. Coral rock is a commercially valuable natural resource. Ms.Windsor saw a trench digger parked near the trenches;it appeared to be temporarily disabled by a broken "tooth." Parked next to the trench digger was a truck on which the name Caputo Electric Inc. was prominently displayed. 5. On May 10,2013,a Stop Work Order was issued and posted on Respondents' property. 6. The County obtained a survey to determine the location and extent of the trenching and excavation. The survey shows,and the parties agree,that none of the trenching and coral rock mining occurred on Magnolia's property. Rather,it is undisputed that the digging and rock removal took place primarily on a County owned right-of-way and partially on state owned land. The extraction of coral rock happened near(but not on)Magnolia's Lots 1,4,and 5. Of Magnolia's four parcels in the area,Lot 20,which is the Property at issue,is the farthest away from the site of the coral rock removal. 7. No persuasive evidence was adduced showing that Respondents used the Property (Lot 20)as alleged in the NOV,namely as a site for heavy industry in the form of resource extraction,i.e.,coral rock removal. Based on the evidence in the record,the undersigned finds that the County failed to prove the allegation that Respondents established a heavy industrial use on the Property. ' Lot 1 is assessed under real estate number 00454110-000000. Lot 4 is assessed under real estate number 00454220-000000. Lot 5 is assessed under real estate number 00454230-000000. Page 3 of 7 Doc.#2388237 Page Number:24 of 38 DocM W 2673 7P94 541 8. The parties sharply dispute the County's contention that Respondents directed, authorized,controlled,or acquiesced to the coral rock removal that everyone agrees took place on County and state property. The County concedes that it offered no direct evidence of such involvement by Respondents but argues that Respondents'culpability can and should be inferred from the circumstances. Lindback,during his testimony,explicitly and unambiguously denied having ever ordered or authorized any work to be performed anywhere without the benefit of a permit. It is difficult to imagine,however,given the nature and scope of the activities at issue, that Lindback could have been completely unaware of the trenching and rock removal,which were apparently being conducted by the contractor he had retained to perform landscaping work on Magnolia's property. Likewise hard to explain is the question of why Conch Tree would have commenced extracting coral rock,if not at Respondents'direction;presumably,someone requested the work,but who? Unfortunately,no one from Conch Tree(or Caputo Electric Inc.) testified at the final hearing. 9. As it happens,it is not necessary to resolve the dispute about Respondents'alleged involvement in the trenching and rock removal because,as found above,the evidence fails to establish that such uses occurred on the Property,which is essential to the charges set forth in thy NOV. Thus,even assuming for argument's sake that Respondents caused the coral rock to be removed,the Property is not in violation of the Code as charged here. 10. To be clear,the determination that Respondents are not guilty of the specific violations alleged in Counts I1 and V of the NOV is not equivalent to a finding that they are necessarily innocent of all wrongdoing in connection with the extraction of coral rock from County and state property. There might be other Code violations besides these,which the County could allege in a subsequent notice. Moreover,the unauthorized entry upon someone else's land to dig up and remove valuable coral rock without the owner's permission likely would cause injuries or damages for which the owner could seek redress outside of Code enforcement channels. Therefore it is: ORDERED AND ADJUDGED: 1. Based on the agreement of the parties,Respondents are found in violation of the Code as charged in Counts I and I11. The Property will be checked for compliance on December 17, Page 4 of 7 Doc.#2388237 Page Number:25 of 38 Doen 1970700 6kq 2673 Pqq 542 2013. The parties agree that the completion of the following measures will achieve compliance for these charges: (a) Clear all Special or Yard Waste off Conservation Easement portion of Lot 20,Lot 4 and County ROW. (b) Use of Heavy Industrial Equipment on Conservation Easement,Lot 4 and County ROW is authorized for the removal of Special or Yard Waste. (c) All Heavy Equipment,Storage Containers and Industrial vehicles shall not be parked or stored on restricted property or County ROW. However temporary parking for loading and unloading for the removal of Special or Yard Waste shall be permitted. (d) All authorized commercial activities shall be confined to the Commercial Portion of Lot 20 and conducted within the guidelines of Development Order 2-02. 2. Based on the agreement of the parties,Respondents are found in violation of the Code as charged in Count IV. The Property will be checked for compliance on October 4,2013. The parties agree that compliance will be achieved with the removal of Special Waste of any kind j from County ROW and all boulders from Lot 1. i3, In the event the violations are not corrected on or before the applicable compliance dates specified above,daily fines in the following amount,per violation,will begin to accrue on the day after the compliance date for each noncompliance: Count I: 130-74(a) $250.00 Count 1II: 130-94 $250.00 Count IV: 21-21(b) $250.00 4. Respondents are not in violation of Monroe County Code sections 130-94 and 118-40 as charged in Counts If and V of the NOV. 5. Pursuant to section 162.07,Florida Statutes,costs in an amount to be determined at the conclusion of this case are hereby levied for the administrative recovery of the costs of i Page 5 of 7 i Doc.#2388237 Page Number:26 of 38 Bkga267307pgq 543 prosecuting and investigating this matter, Costs will continue to accrue until compliance is achieved and the case is closed. 6. In the event of nonpayment of fines and costs imposed on Respondent,a certified copy of an order imposing fine may be recorded in the public records and shall thereafter constitute a lien against the land on which the violation or violations exist and upon any other real or personal property owned by the violator. DONE AND ORDERED at the Division of nistrative Hearing,Tallahassee, Florida, this 1 1113�day of February,2014. Laningham Code Compliance Special Magistrate In the event of nonpayment of tines and/or costs imposed on Respondent(s),a certified cope of this Order may be recorded in the public records and shall thereafter constitute a lien against the land on which the violation or violations exist and upon any other real or Personal property owned by the violator.The County may institute foreclosure proceedings if the lien remains unpaid for three months and/or may sue to recover money judgment for the amount of the lien plus accrued interest. Please make checks payable to Monroe County Code Compliance and mail to: Monroe County Code Compliance,Attn: Office of the Liaison,2798 Overseas Hwy.,Suite 330,Marathon,FL 33050. APPEAL PROCEDURE Respondent(s)shall have 30 days from the date of the foregoing Order of the Special Magistrate to appeal said Order by filing a Notice of Appeal, signed by the Respondent(s). ANY AGGRIEVED PARTY, INCLUDING MONROE COUNTY, MAY HAVE APPELLATE RIGHTS WITH REGARD TO THIS ORDER PURSUANT TO SECTION 162.11, FLORIDA STATUTES, ANY SUCH APPEAL WILL BE LIMITED TO APPELLATE REVIEW OF THE RECORD CREATED BEFORE THE SPECIAL MAGISTRATE. ANY APPEAL MUST BE FILED WITH CIRCUIT COURT WITHIN 30 DAYS OF THE EXECUTION OF THIS ORDER. CERTIFICATE OF ORDER I h reby certify that this' a truc and correct copy of the above Order. Nicole M.Petrick,Liaison Page 6 of 7 Doc.#2388237 Page Number:27 of 38 Doen 1970700 Bkq 2673 Pqq 544 CERTIFICA F SERVICE [hereby certify that a true and correct copy of this Order has been furnished to the Respondent(s� via hand delivery/ first c! .S. mail to Respondent(s) address of record with the Monroe CvunSy Property Appraiser's Office as referenced above and/or Authorized Representative t3Ca /aC S on this /�'n`'` day of web .20 1Y . Nicole M.Petrick,Liaison i MONROE COUNTY OFFICIAL RECORDS Page 7 of 7 Doc.#2388237 Page Number:28 of 38 Exhibit ■ Doc.#2388237 Page Number:29 of 38 Decu 1725484 01/06/2009 2:04PM Filed b Recorded in Official Records of MONROE COUNTY DANNY L. KOLHRGE Doen 1725404 SkU 2394 PON 2283 Return to: Monroe County Growth Management Division 2798 Overseas highway Marathon,Florida 33050 Prepared by: No Stress Property Management,Inc. 144 Apache Street Tavernier,FL 33070 --___- __-- ---___ Space Above This Line For Recording MONROE COUNTY, FLORIDA CORRECTIVE GRANT OF CONSERVATION EASEMENT This corrective Grant of Conservation Easement is being recorded to correct the Grant of Conservation Easement filed at Book 1972 Page 1096, in order to reflect the conditions in the minor conditional use Development Order 2-02 issued by Monroe County on April 22, 2002 filed at Book 1790 Page 1379. This Conservation Easement is Granted this 4t_?"day of 20 by Magnolia 101, LLC, whose address is 101 Magnolia Street, Key Largo, Flori 33037 in the County of Monroe and the State of Florida(Grantor),to Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, (Grantee). Grantor declares and grants as follows: 1. Background Information A. Grantor is the successor in interest to the above-referenced Development Order and is the fee simple title holder of certain real property with a street address of 101 Magnolia Street, Key Largo, Florida 33037, and with a Monroe County Real Estate Number of RE#00454520-000000(Ocean Acres, Key Largo, Lot 20), the servient estate,and which is shown on Exhibit A. B. The consent of all mortgagee(s)of the servient estate is attached as Exhibit 1 If no consent is attached hereto, Grantor certifies to Grantee that no mortgage exists. C. Grantor desires to develop the servient estate as a waste processing facility. D. The servient estate contains High Elevation Tropical Hardwood Hammock and Restored Hammock Areas. Page 1 of 6 GOCEA Rev:8i1%D6 Prepared by: Doc.#2388237 Page Number:30 of 38 Doett 1725484 Bkq 2394 P9N 2284 E. Grantee is a general purpose political subdivision of the State and is authorized to regulate and control the use of real property through Land Development Regulations(LDRs)in order to protect the public health, safety and welfare of its citizens. F. Section 9.5-337 (2006 edition) of Grantee's LDRs requires that certain areas of the servient estate be retained as open space and preserved in their natural condition. 2. Grant of Easement Grantor grants to Grantee the easement shown on Exhibit A. 3. Character of the Easement This easement is a conservation easement,which,as defined by Section 704.06 of the Florida Statutes, is a right or interest in real property which is appropriate to retaining land or water areas predominantly in their natural, scenic, open, agricultural or wooded condition; retaining such areas as suitable habitat for fish, plants or wildlife;retaining the structural integrity or physical appearance of sites or properties of historical, architectural, archeological or cultural significance; or maintaining existing land uses. 4. Location and Description of the Easement A. This easement is located on the servient estate as described above. B. This easement is shown in the diagram attached to this instrument as Exhibit A and by reference made a part hereof. S. Law Governing the Easement and Enforcement Thereof This easement is governed by Section 704.06 of the Florida Statutes, or the equivalent Florida Statute governing conservation easements, and is to be construed and enforced in accordance with that statute and in accordance with the laws of the State of Florida and the Grantee's LDRs. 6. Restrictions Imposed by the Easement By these presents Grantor imposes and will impose the following restrictions on the use of the servient estate within the easement area: A. No construction or placing of buildings, roads, signs, billboards or other advertising,utilities or other structures on or above the ground. Page 2 of 6 GOCEA-Rev:8/1/06 Prepared by: Doc.#2388237 Page Number:31 of 38 DocM 1725484 8kp 2394 P9# 2285 B. No dumping or placing of soil or other substance or material as landfill or dumping or placing of trash,waste or unsightly or offensive materials. C. No removal,trimming or pruning of trees, shrubs or vegetation except for such removal, trimming or pruning which Grantee's biologist has authorized in writing. D. No excavation, dredging or removal of loam, peat gravel, soil, rock or other material substances in such a manner as to affect the surface of the easement area. E. No surface use except for purposes that permit the land or water area to remain predominantly in its natural condition. F. No activities detrimental to drainage, flood control, water conservation, erosion control or soil conservation or fish and wildlife habitat preservation. G. No acts or uses detrimental to such retention of land or water areas, H. No planting of non-native,invasive or exotic plants. I. No acts or uses detrimental to the preservation of the structural integrity or physical appearance of sites or properties of historical, architectural, archeological or cultural significance. J. 7. Access to the Servient Estate Grantor will allow Grantee to access and to enter upon the servient estate,with no less than 24 hours notice, for the purposes of inspection to determine the Grantor's compliance with this Grant of Easement. 8. Limitation on Liability for Personal Injury or Injury to Property The Grantor waives any rights the Grantor may have to bring a claim against Grantee for personal injury or injury to property that is caused by the negligent action or inaction of Grantee or an employee or agent of Grantee during the course of Grantee's activity related to this Grant of Easement and further Grantor holds Grantee harmless from the claims of all persons for action, inactions or activities occurring on the servient estate. 9. Term of Easement This easement is perpetual and runs with the land. Page 3 of 6 GOCEA-Rev:8/1/06 Prepared by: Doc.#2388237 Page Number:32 of 38 Doc# 1725484 Bkq 2394 PqN 2286 10. Persons Bound by Easement This easement is binding on all present and future owners and mortgagees of the servient estate. 11. Entirety of Grant of Easement This Grant of Easement constitutes the entire Grant of Easement from Grantor to Grantee and any understanding or representation of any kind preceding the date of this Grant of Easement is not binding on either the Grantor or Grantee except to the extent it has been incorporated into this Grant of Easement. 12. Modification of Grant of Easement This Grant of Easement may be modified only by a written modification signed by an authorized representative of Grantor and Grantee and by any mortgagee(s). 13. Recover of Attorney's Fees In the event of any controversy, claim or dispute arising under or as a result of this Grant of Easement, the prevailing party will be entitled to recover reasonable attorney's fees and costs. 14. Notice Concerning Grant of Easement Any notice provided for or concerning this Grant of Easement will be made in writing and will be sufficiently given when sent by certified or registered mail to the respective address, as set forth at the beginning of this Grant of Easement, of Grantor or Grantee. 15.Recording of Grant of Easement This Grant of Easement will be recorded in the Official Records of Monroe County, Florida and any changes hereto will also be recorded in the Official Records of Monroe County. [The remainder of this page has been intentionally left blank.] Page 4 of 6 GOC EA-Rev:8 I f06 Prepared by: Doc.#2388237 Page Number:33 of 38 Doctl 1725464 Bkv 2394 Pgu 2287 In Witness Whereof, Grantor grants the Conservation Easement above and executes this instrument this—/�day of 20&F . First itness Signatures Gr or Signature / 4 ' /� �^14�gck 5 First Witness Printed&arde-I Grantor Printed Name �,, "`V e 6 " "�"I� _ 7 Second Witness Signature Grantor'title 9 Second Witness Printed Name Date State of Florida County of Monroe J Before me,the undersigned authority,personally appeared and , who are personally known to me, or have produced and ALO_ fk L.t;31•if1� S'ri-to& 0 ,respectively as identification. //�� Sworn and subscribed to me this day of&M4-A t,., ,20�j. Typed Notary ryName and Number Notary Signature an d Seal LA Rq,R WAvy Fv*-SM of FlpeW Page 5 of 6 C=wftftbOwAu12&2MO GOCEA-Rev:8;V06 CMA&M*�IUM Prepared by: �V NOW Na"#Am Doc.#2388237 Page Number:34 of 38 Doan 2725404 Oka 2394 Ppa 22" MONROE COUNTY, FLORIDA ACCEPTANCE OF CONSERVATION EASEMENT In Witness Whereof, Grantee accepts the Conservation Easement granted above and executes this instrument the date set forth below. d4a/ 'G Monroe County,Florida First Witness Signature By First Witness Printed Nam Director of Growth Management(Signature) �� J/�� '/'/d�-� /� /^1 �4.`..,•.' " L ` ''L.(/y'„L^±L�^ J • "f�/C.J V .4 Second Witness Si ture Director of Growth Management(Printed Name) S"": M - 6'>je(+M is Second Witness Printed Name Date wo"I""c�ouKtY�rroRwEr •/ AAPRL1y4p A! NM era State of Florida County of Monroe Before me,the undersigned authority,personally appeared_f+�d rEFu> �p 1l1�7`7' F- , rl who is personally known to me, or has produced as identi cat-ion66 Sworn and subscribed to me this P day of 6LX Q e�iyy�_ ,20_0 Wa rCp1/Mi11p1EI�NM�� / No ary Signatur and Seal Page 6 of 6 GOCEA-Rev:8i 1,06 Prepared by: Doc.#2388237 Page Number:35 of jam—M- TOMAEGEND SHEET 1 ❑F 2 PA-1 -PWM10"Lard SurOtY" Fnd.-Fon.d a foil/PR poi Fowl P.S.M. -Profaaaiono Sunoyo.!MaPPW LS.-laid 5.1 ® ftaA "M LB//95E oat R. -Reeved LJ. -Uwnood 8uainew • Pipe Fowl -Coku tad 0.-aaad A Pio.-A-P L6 16956 set Fr. -wood frame Pt -"a • f1Aar Fowl FinFr.-""MMA flow M.-ldeswM 15j woad WNy Pk EI. - Ew-bon ewlc. -Cohost E—O..t w A- , S— OB-[onerefe afoot nor.-CGRW —T—&AW%aa0 Yll$ - &W Bole. - Nolcony FF-fr.co post —C OwfrW CXd"Ldo.toirl Fnc.- fanao A/C -air ewwwonr —r,W A lara>. roa:dann. Cana. -Ce1.*A +—Mod Panes MAC. -Magnatie I/ei FA -Mwm awl P=Pkatie lanes RA.S. -na' awvite LLs. -no"Mad � Y .atol o fence LPOT-44.4 OetW.9.too P.S. _Ooaic owed r—Rotw Wfr U.O.E -UnOnprau.d Ekcerie C,95. -cant Nock •—wotw .she Md. .R. - Rodial/tton-Rod�cl Add.-odf4oa d—Roth saMiT-t1o8.,Saud.Eatk wea PR -Pla^ 0—cars"to 0"a 9c P.o.C. -Punt of C—no— rwd "A -Asm of say P.0.& -Point of 90ow" W.F.T.-.sad 6M lot laac Ad rl►+•sot—7/1'(oath.d5 aavr) P.C.P. -Pr k Cenbal FaM CXT. -ev.e fah b0ft M'"dawMad LB j4M P,C,C. -Powl of Compwnd Cane P1 -Ldarde Rth Ytde M PK w.r/00 wO r 6fld ariW set arc kh P,R.C. - Point at Ramos Cw.sdne Tit.-let 0 1 Aar' ,-awapad LB I1W P.C./P.T. -Point of Curvature/TwgpMy LP -f6f1,/loap Pala urdew ea.arnls:dfaha.d.a Fk—found.n P.RAe. -Pan.owft Rdarowe Manuawd GA -9W onto 7/f'(aut.ido 6rnatr) A.M11.w.L -AppvaWnah Mean fffi wafr Lin fld} - LMdar YWlea.ad Poida Ewa w Mr.trlm6on Doell 2725484 Skp 2394 P9* 2289 CONSERVATION EASEMENT DESCRIPTION: An easement for conservation purposes over and across a portion of Lot 20, OCEAN ACRES, according to the Plat thereof, as recorded in Plat Book 1, at Page 188 of the Public Records of Monroe County, Florida, said portion being more particularly described by metes and bounds as follows: BEGIN at the Northeast corner of said Lot 20, OCEAN ACRES; thence run on an assumed bearing of S,00a07'39'E„ along the East line of said Lot 20, a distance of 200,00 feet to the Southeast corner of said Lot 20; thence run S.88e13'21'W., along the South line of said Lot 20, a distance of 138.67 feet; thence depart said South line and run NA9a59'35"E, a distance of 126.98 feet; thence run N.88°00'23E., a distance of 51.88 feet; thence run N,01a42'31"W., a distance of 81,80 feet to a point in the North tine of said Lot 20; thence run N,88e13'21'E, along said North line of Lot 20, a distance of 45,36 feet to the Point of Beginning, Contains 17,407 square feet, more or less. NOTES: 1. This description was prepared by the undersigned from information found in the public record, and from information obtained by a boundary survey of Lot 20, OCEAN ACRES, by this comapny on 8-31-05. 2. Per the client's instructions the conservation easement was prepared to encompass that portion of Lot 20 lying Easterly of the existing chain link fence. 3. The bearings shown on the sketch on Sheet 2 and appearing in the above description are on an assumed datum. The base of which is the East tine of Lot 20, 4. This is a description and sketch of some only. It is not a boundary survey and should not be used as such. NOT COMPLETE WITHOUT SHEET 2. DAVID MASSEY LAND SU RVEYING.. 1W. PhD— 6tI660 tMFw•w PA. em oils.Twma ,a SJ070 CS*t: Undb=* Florida Cwttficate of Aufteizotion No. LB 8958 NOT Wrap Sommt 28 Townft 61 SWK RM" n Dut (a�f�6M-wW IS.f d soot Nr fr wc0fl�WWW'o r"i1 T[40N ME �itL sk so va moo M M ditr"Y 6f ft w141?�6R�MhMIM VIL KW Log• Morro•C--V. no �wWwo f afM Wd 1 1� fl�Ml&Mr Aodit - 0F A F1.i01M o r~: 1-06-m Fl" -6, Ito, 117 ""79ZY: LK >, SUNK" AND MMPER arwo" No. 9984 Drown . RM, sash 11-W Rtlwrnl0 W. Luoas. P.Ls 14165 Doc.4 2388237 Page Number:36 of 38 ISHEET 2 [IF 2 Doca 1725484 Bko 2394 PSU 2290 U > L 0 T 1 7 M A G N 0 L I A S T R E E T — N—.88*13'21'E. —Plat 430' Plat ——— ——— F - 45-36' P.O.B. CD existing choinkink fence o d -2 C:) aN.88*00'23'E. CU 4: LOT 2 0 C> C) cu 0 n C� til CONSERVATION EASEMENT' 17,407±S.F. 0% 01, W. 3— 7' A---— ————— - 215' PICA I S C U S_ STREET U N I M P R 0 V E D —————————— — —————————— — L 0 T 23 GRAPHIC SCALE MONROE COUNTY OFFICIAL RECORDS NOT COMPLETE WITHOUT SHEET 1. SEE SHEET 1 FOR ORIGINAL SIGNATURE AND RAISED SEAL! Fam DAVID MASSEY LAND SURVEYING, INC. vw*oos HkO L3q5)&53--0= S� O rw6y / P.O. B" 612, TavwWw. FL 33000 CPArec Undback Fsoes" cerwkx" of AuVwxi2afim Me. LB GUM swum 28 TownstAp 61 SoLolk R- 30 ralt 4rrbik I-41i-409 RIM I N& 117 Key LAWW Maros COW*F. ibrko Qwbog Na 9904 DMM W KUL Sefitm 1*—W Doc.#2388237 Page Number:37 of 38 Doc.#2388237 Page]Number:38 of 38 d 1 V it N as :3 j t' t 4 4 � LL �o � o 4 C u O 0 —�- L ir) t �i .. e gm ro K a a�q1+ '� � �q C+, mC v -1 Exhibit "B . " 2 \ ll 3 � 4 5 RESOLUTION NO. 088 -2024 6 7 A RESOLUTION SETTING THE DATE, TIME, AND 8 PLACE FOR A PUBLIC HEARING REGARDING 9 PROPOSED ABANDONMENT OF PORTIONS OF THE 10 RIGHT-OF-WAY OF MAGNOLIA STREET, HIBISCUS 11 STREET, OLEANDER STREET, POINSETTA AVENUE, 12 BOUGAINVILLA AVENUE, AND AN UNNAMED RIGHT- 13 OF-WAY, BOUNDED ON THE NORTH, SOUTH, EAST, 14 AND WEST BY UNDEVELOPED TIER I LANDS OWNED 15 BY THE MONROE COUNTY BOARD OF COUNTY 16 COMMISSIONERS AND STATE OF FLORIDA, MORE 17 PARTICULARLY DESCRIBED AS SQUARES 1 — 14 OF 18 THE RECORDED PLAT OF OCEAN ACRES, PLAT BOOK 19 1, PAGE 188, OFFICIAL RECORDS OF MONROE 20 COUNTY, FLORIDA, AS SHOWN ON THE RECORDED 21 KEY LARGO PLAT OF OCEAN ACRES, PLAT BOOK 1, 22 PAGE 188, OFFICIAL RECORDS OF MONROE COUNTY, 23 FLORIDA. 24 25 26 WHEREAS, the Monroe County Board of County Commissioners ("Monroe County", 27 "BOCC", or the "County") seeks to vacate and abandon portions of the right-of-way situated as 28 more particularly described above and below; and 29 30 WHEREAS, under the Monroe County Codes and Florida Statutes Chapter 336, it is 31 necessary to hold a public hearing for the Monroe County BOCC to publicly consider said 32 abandonment after publishing due notice of said hearing therewith; and 33 34 WHEREAS, the Monroe County BOCC hereby desires to hold a public hearing to 35 consider abandonment of the subject portions of right-of-way situated as more particularly 36 described above and below; 37 38 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 39 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 40 41 Section 1. Recitals and Legislative Intent. The foregoing title and recitals are true and 42 correct, and are hereby incorporated as if fully set forth herein. 43 44 Section 2. The Board of County Commissioners of Monroe County, Florida, will hold a 45 public hearing on March 20, 2024, at the Murray Nelson Government Center, 102050 46 Overseas Highway, Key Largo, Monroe County, Florida, to consider abandoning the 1 of 3 I subject portions of right-of-way situated as more particularly described above and below 2 as established by the recorded Key Largo plat of Ocean Acres, Plat Book 1, Page 188, 3 Official Records of Monroe County, Florida, to wit: 4 n .. r ...... x , e.,,a i m,.,. ...W..,. 0" ' N t . r a 1p A N 4r I f 14 5 6 Section 3. Construction and Interpretation. This Resolution and its interpretation shall 7 be liberally construed and enforced in favor of the Monroe County BOCC and such 8 interpretation shall be entitled to and granted great weight in adverse administrative 9 proceedings, at trial, in bankruptcy, and on appeal, and all provisions of the Monroe to County Comprehensive Plan, Monroe County Codes, Florida Statutes, floodplain 11 management regulations, and Florida Building Code whose interpretation arises out of, 12 relates to, or is interpreted in connection with this Resolution shall be liberally construed 13 and enforced in favor of the Monroe County BOCC and such interpretation shall be 14 entitled to and granted great weight in adversarial administrative proceedings, at trial, in 15 bankruptcy, and on appeal. 16 17 Section 4. No Liability. Monroe County expressly reserves and in no way shall be 18 deemed to have waived, for itself or for its officer(s), employee(s), or agent(s), any 2 o f 3 1 sovereign, governmental, and any other similar defense, immunity, exemption, or 2 protection against any suit, cause-of-action, demand, or liability. 3 4 Section 5. Severability. If any provision of this Resolution, or any part or portion 5 thereof, is held to be invalid or unenforceable by any administrative hearing officer or 6 court of competent jurisdiction, the invalidity or unenforceability of such provision, or 7 any part or portion thereof, shall neither limit nor impair the operation, enforceability, or 8 validity of any other provision of this Resolution, or any remaining part(s) or portion(s) 9 thereof. All other provisions of this Resolution, and remaining part(s) or portion(s) 10 thereof, shall continue unimpaired in full force and effect. 11 12 PASSED AND ADOPTED by the Monroe County Board of County Commissioners at a 13 regular meeting held on the 21 It day of February, 2024. 14 15 Mayor Holly Merrill Raschein, District 5 Yes 16 Mayor Pro Tem James K. Scholl,District 3 Yes 17 Commissioner Craig Cates, District 1 Yes 18 Commissioner Michelle Lincoln, District 2 Yes 19 Commissioner David Rice, District 4 Yes 20 21 BOARD OF COUNTY COMMISSIONERS 22 OF MONRO23 E C �Y, FLORIDA MAYOR HOLLY MERRILL RASCHEIN k ' _•?. MONROE CO ATTORNEY 2? ( )� AP TO FORM 2§ ATTST� IeEVIN MADOK, CLERK G PETER MORRIS ASSISTANT COUNTY ATTORNEY 31 � ► Date: 2/6/2024 32 A DEPUTY ERK�— f -n i"r'i r._ rn CD CD C�1 3 of 3 Exhibit " C . 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L u s ril �r li r /`fi r 2 I r/ 6a / r r/%4 53 / f q� 4451 tl0 96E 3 1, � I fr � 9r A uM1 ry r// /�A r �r /mr/ i6rr .rirt aYf r / ✓,/ rir r /J / q�r r�ri rrr r¢ r .9, y o r(rn ,r r .�fc"'sir /ii/ r fr! ✓ /r ii // r r r 'r 0 o - t a/r rri �a rls rr rir/i// r/i r � r rrii // _ r w/ r f z ..'� i it erg s^I'4� r'l✓l /r r /, ////i/r man --� a1. 5i SL � w o SJ o m = m KeySNews.com K E ZEN Xjalll� klands,90110 \'okv The Florida Keys Only Daily Newspaper, Est. 1876 PO Box 1800,Key West FL 33041 P:(941)206-1025 F:(305)294-0768 legals@keysnews.com MONROE CO PLANNING/ENVIORNMENTAL RES 102050 OVERSEAS HWY KEY LARGO FL 33037 Account: 423741 Ticket: 3921686 PUBLISHER'S AFFIDAVIT STATE OF FLORIDA [legal.text] COUNTY OF MONROE Before the undersigned authority personally appeared Amber Douglas ,who on oath says that he or she is The legal advertising representative of the Key West Citizen,a five day newspa- per published in Key West, in Monroe County, Florida;that the attached copy of advertisment, being a legal notice in the matter of was published in said newspa- per in the issues of: Saturday, March 2,2024 Affiant further says that the Key West Citizen is a newspaper published in Key West, in said Monroe County, Florida and that the said newspapers has hereto- fore been continuously published in said Monroe County, Florida Tuesday thru Saturday weekly,and has been entered as periodicals matter at the post office in Key West, in said Monroe County, Florida,for a period of 1 year next preceding the first publication of the attached copy of advertisement;and affiant further says that he or she has neither paid nor promised any person,firm or corporation any discount, rebate,commission or refund for the purpose of securing this advertise- ment for publication in the said newspaper. (Signature ofAffiant) Affirmed and subscribed before me this 4th day of March 2024 (Notary Public Signature) Jill Kelli Di Benedetto (Notary Public Printed Name) My commission expires 8/19/2027 Personally Known X Produced Identification_ Type of Identification Produced (Notary Seal) Notary Public State of Florida Ak Jilt Kepi Di Benedetto 11N My Comenlssion HK 390294 Expires 811912027 1 OA KEYS CITIZEN.WEET(HND EDT'ITON,MARcn e-3,1114 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOTICE OF PUBLIC MEETING AND NOTICE OF PUBLIC HEARING "djRl NOTICE OF CHANGE TO MONROE COUNTY COMPREHENSIVE PLAN NOTICE OF CHANGE TO MONROE COUNTY FUTURE LAND USE MAP ,v NOTICE OF CHANGE TO MONROE COUNTY LAND USE DISTRICT(ZONING)MAP MARCH .ty IN 20z4 Surge in Wendy's Th,RO C HEREBY GIVEN that on Wednesday,Merch IT 2024E the Monroe County Board of County Commissioners will hold a Public hearing,beginning Pt,VNA PN The 80CC meeting will be hdd In hybn'd(onset allwling the publlcio attend either vie Zoom Webinaror In person the In-person meeting will be held etihe Murray Nelson Government CBMer,located At 1020500-AsssHighway,Hey Largo,FL TOO ell-Ug'items LED be,,P,dA,,d m the PUBLIC HEARING: Complaints exposes PUBLIC HEAMHas:I:00 PM(1111111.COUNT POOR er as may be l,eardl; limits to consumer ART1CW110N OF THE MONROE COUNTY BOARDOF COUNTY COMMISSIONERS RENC ON ORIGIN NSCLNMING ANY EIGHT OF THE C(UfVTVAfID PUBLIC IN AND TO THAT PORTION OFTHE PoGHI-OFWAYOFHIBISCUS STAEELASSHNNN ON THE PLFT OFK,EY LARGO OCEAN ACRES PLAT BOOK 1,PAGE188,BOUNDED ON THE EST BYA PURTION OFTHE of tolerance HIBISCUS ATAHEA GHT-OFWAY ALREADY ABANDONED IN FAVOR OF AND OVER TO THE DID N ROE COUNTY BOARD OF COUNTY COMMISSION ERS AS RECORD OWNER OF SQUARE 19 tole OF THE SUBJECT PLAT AND STATE OF FLORIDA AS RECORD OWN ER OF SQUARE 220F TH E S UBJECT PUT,BOON DED ON THE SOUTH BYSOUARE 23 OF THE SO BI EST PLAT,DEC NEED eil n G aN THE EAST BY HIBISCUS STREET BIGHT-OF-WAY,AND BOUNDED ON THE NORTH BY SQUARE ZD OFTHE SUBJECT PLAT.GHEE 2023E88) ARESOLUTION OF THE MONROECOUNTY BOARD OFCOUNTY CONNISSIONER3 RENOUNCING AND DISCLAIMING ANY FIGHT OFTHE COURTYARD PUBLIC IN ANDTO PORTIONS unstable prices OF THE RIGHT-OFWAY OF MAGNOLIA STREET,HIBISCUS STREET,OLEANDER STREET,POI NSETTA AVENUE,BOUGNNN LEG AVENUE AND AN ON NAMED RIGHT-OF-WAY A3 SH RU D DO THE PLAT BE OCEAN ACRES,PLAT BOOK 1,PAGE TOO,BOUNDED ON THE NORTH,SOUTH,EAST AND WART B'I COUNTY AND STATE OWNED LAND,KEY LARGO,MON ROE COUNTY, FLO AIDS,IH LE 202-9) 8Y ANNE D'INNOCENAD Than,do much The Aam, AND DAVID HAMILTON ,with ro can reservations.T['s A RESOLUTION DF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RENOUNCING AND DISCHARGING ANY FIGHT OF THE COUNTY ADD PUBLIC IN AND TO THAT The AssOciaY¢tl Press whyyOO Can 6CA r¢b¢[t¢rd¢alA PORTION OF THE RE GHUOFWAY OF"I CHICA ROAD(STATE ROAO SR-S-94H LYIING WITHIN SECTION 5 AND SECTION 6,TOWNSHIP 6G SOUTH,RANGE 2G FAST,AN IN SECTION 32 AND SECTION 33,BOUNDED ON THE NORTH BV LDTS B-1U,SECTION 33,TO-HIP 6I U WTH,RANGE 26 EAST,LETS SB,SECTION 32,TOWNSHIP 67 SOUTH,RANGE 26 EAST; during hurricane-son Or PUTS 1-11 ANC-2,GOCACHICA BEACH BLOC KB,BOCACHICA PLAT BUNG,PAGE AS,LNTTSECTIONS,TOWNSHPBBSONTH,RANGE11EASP,LOTTSECTION B,TOWNSHIP OR NEW YORK-COnAWler1 immediately following big SOUTH,RANGE GO EAST,BOUNDEDONTH EWESTBYL➢T2U,BOCACHICA BEACH BLOCK.H,BOLA CHI CAPLAT900K3,PAGE2a,90UNDEDONTHESOUTHBYL 6AND7,SECTION ,,ill pa,,Clore for a(lion to holidays When Travel Lends to 32 TOWNSHIP 6ISOUTH,RANGE 26 EAST;L➢TS8AND9,SECTION 33,TOWN SHIP 6ISOUTH,RA DOE 26 EAST;LOTSE3AACCACHICAREACH BLOCK B BOCA CHICA PLAT BOOKS Florida u[COY a hotel room Slufhlp.These days,though, 2B;PUT 1,OECD ON DTOWNSHIP 68 SOUTH,RANGE 26 EAST;LOT1,SECTION 5,TONINB HIP 68 PCLTH,RANGE 26 EAST,ADD NOEL ON EAST BV COCA CHICA ROAD(STATE ROAD Sn5941)IRLE)622199) during peak vacation dines. the actual Calculations d1At They fork out more for a unh go into reservation pricing are AN ORM RANGE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ALIEN DING THE MENKE COUNTY FUTURE LAND USE MAP FROM RESIDENTIAL MEDIUM ORM) hem T)berride,perl pswhile mudh more cLnipl-. TD LINED DOE COMMERCIAL HMG),FOR PROPERTIES LOCATED AT 103965E 103955E OSSEO,,UNB35 AND T39250VERSEAS HIGHWAY,KEY LARGO,APPIC)"DATELY MILEMAFREA grinding their teeth,and rely Ddherplaceswhered}Nham- 103.9,IMTH PARCEEIDENTIRCATION NUId BEAS o0411.1000000;0041525O-ODOOGO;G0415-11DODD;OD4)527-00Do0 AND 004]52R0-O000o0;AS PROPOSED BY ABUT HOL➢INGS,LLC,PROMDING FOR SEVEHABILITY;PROVIDING FOR REPEAL OF GARROTING PROJINGNh PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY h apps like P.FkABhiZ ,, is pricing xho,vA up include uh AN DTHESECRETARYOFSTATE;PROADINGFOR INCWSIGN IN THE MONROE COUNTY nMPREHENNVE PLAN AND FOR AMENDMRATTO THE FUTURE LAND USE MAP,DOWDING PmkNnbile in book spots fin, c r"tc, spurting events, ILL AN EFFECTIVE DATE HILE2ola-W9)See Map I Miss their Cars atprcm mPtc parking facilities and Street AN ORMNANCE BY THE MONROE COUNTY BOARD OF COON"LOMMISSIDNERS AMENMNG THE MONROE COUNTY LAND USE DISTRICT(ZONING)MAP FROM inlplelld RDt a social media backlash m� ,s.Utilities use dynamic ,.bd,,,B.oSL SOBURBANCommercial(SC),FORPROPERTIESL CATELAT108965,ID'39Gv,103946,ID3O35and1039LSOVERSFAS HIGHWAY,KEY LARGO,AP1114 ATEIY MILE It, iSwe,A to media rcpor,i t at ELT,dng to limit O"eage OF a,,,e6 MARKER HAS,WITH PARCEL I DENTIFICATION NUMBERS 004]5240-090000004]525CUDDOLD;GD4]5260DDDODD,004I52I0000000 end 00475280-900090E AS PROPOSED BY said fast-food chain Wendy, of high demand that could AbitRPOOLs,LLc;PRDADING FOR SEVERABILITY;PROVIDING FORSEVERABILTY,PRGIDING FOR REPEAL OF CDNFUCIING PROVISIONS;PROVIDBJGFORTRANSnNTTALTa THE had plans to increase menu threaten blackouts, notes STATE LA ND RUNNING AGENCI AND THE SECRETARY OF STATE PROVILING FOR AM EIJDMENT TO THE LAND USENSTRICT)ZORITO NAP;PROVIDING FOR AN EFFECTIVE DATE. prices during its busiest hours Daniel Freund,a business (ALE zolso2s)see Map2bdow showed a limit to where,when protassor at the Massachusetts AN OArI NANCE Gn THE MONROE COUNTY BOARO11 COUNTY COMMISS10NM5 AM ENDING THE AGNHGE COUNTY FUTURE LANE USE MAP DESIGNATIOIJ FROM RESIDENTIAL and for Whe,U.S.ConlC.erl lnsllltne Of lechn010gy. LIEN U"'B.)TO MIXED USEI COMM BE'IAL)MC),FOR PROPERTY LOCATED AT 1G33G1 OVERSEAS HIGHWAY,KEY LARGO,HAVING PARCEL IDENTIFICATION NUMBER 00472510- will[Iade more cash TOI con- Neil Saunders,a managing OPPOSERS PROPOSED BY AId SAUINDERS OF HENALF OF IRWIN HOLDINEA]CECILLEG:PRGAHING FOR S-RABILITY;PROVIDING FOR REPEAL OF CONFLICTING PEOIDION51 C&It looks likeaDave'A dlLeCto[,with research firmPRGVINNG FGHTHANSIAITTALTOTHESTATE LAND PLANNING AGENCYAND THE SECRETARY GF STATE;PROVIDING FORAMEN DMENTTO THE FUTURE LEE GAP DESIGNATION TIME MAP,PROMNNG FOR AN EFFECTIVE DATE.(FILE DUMB)See map 3 below Double(; bo ur a Frosty C1ubalData,said that even 1 m` cu t make the t. though dynamic pricing is 0 0 OU I I AMENDING THE IMPOSE COUMY LAND USE DISTRICT QONHG)REAL FROM IIMPHOVEC Wendy',clarified it,into,- already Cbiyuitaus,the grief SUBMI N ON(IS)TO MIXED USE(MU),FOR PROPERTY LOCATED AT 103 I fl,EASEAS HIGHWAY,KEY LARGO,HAVING PARCEL IDENTIFICATION BLIND 004R810-00009E AS In-Wndno9day, OF, Wendyaa g0[shows how sen- PROPDSEDBYIIMSAUNDERSONBEHALFOFIRWINNOLDHAD SON,LLC;PROVIDING FGA SEA DAN LITY;PROM A NO FOR REPEAL OF CONFLICTING PR VISIONS;PROVIDIN G FOR TRANS MITTALLETHESTATE LAND PLANNING AGENCY AND THEGECHEARY OF STATE;PRGVI DING FOR AMENDMENT To THE LAND USE HISTRICr(ZONING)MAP;PHOMUIIS6 FOR a distinction betve¢n the ,in,,eonsumets are to prise AN ETFECAVE DATE HRLfz022-181)Sw m,p4b,l0w .A.pBC,'a"it yn amic prici � ng" nmUe". AN ORDINANCE BYTHE MONROE COTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY FUTURE LAND USE MAP DESIGNATION FROM RESIDENTIAL stalCgy and"sm'gC pricing" "DynamiCpricingi9Com- MEN OEM) COMMERdAtSCOMUMU NUN FOR PROPERTIES LOCATED AT 105309E 10631P,,1G6329,AND ID63390VERSEAS HIGHWAY,KEY LARGO,Fi,APPROXIMFTEMILE IAARY.EH Practices that charges In leave land GACommo- TOP,HAVING PPRCELIDEMIRCATION NUMBERS 005384J0-000000E 0053B450-O0.0000,DOG3G46GDOODGO,and 005'38440000000 AS PROPOSED BY ISLAND CONSTRUCTION doting dines of peak demand, dat0ns.'There's affixed level Of MANAGBAENTINC.ON BEHALFOF DEL SOL 10 ITT,uL;PHWIDING FOR SEVERABILITY;PROVIIONG FOR REPEALOFCONFUCING PROVISIONS;PROVIDING wRTRANSMrtTALTO The Company Said any Rnctu- supply,"Saunders said."but THEETATE LAND PLANNING AGENCYAND TIESECRETARYGF STATE;PRUADING FOR AUIENDLJErrtroTHE FUTURE LAND USE MAP DESIGNATION(FLUID)NAP;PROVIDING FOR ations It decides to test in the if one minute a burger is$5 AN EFFECTIVE DATE HHLf20AD-OB6)Seemap5 helm¢ I'ulure" ould be designed and the next minute it's$6, 132 HILSON COURT BEY LARGO MI LE MARKEGI 25 A RESOLUTION OF TH EIUONR O E R UNTY BOARD OF COUNTY FOUR SSIONERS APPROVING A SPECIAL PERMIT ALLO�SAN6 Lo benefit OIII cuSLmn¢rc and and then it goes up and down ATEMPORARYCONSTAUCTION STMINGAREA WRA CAN AL RECHRATIUIJIWATEH QUADTY IMPROVEMENT PROIEGTAT PROPERTY LEGALLY DESCRIBED AS LOT244 HAMMER POINT restaurant crew members." again,they will simply get an- PARK,PLAT BOOK 6 PA3E35,KEY LARGO,HAVING PARCEL IDENTIFICATION NUMBER 0048011A0244001RLE 2O24-042) Here's'a look at the differ- noyed And t,e 111 probably g0 MAP MAP2 .noes between dynamic and elsewhere" .urge pricing,which fndus- HOW COMMON IS PLl1M LUD inns arc LDSUR; cm end sum, DYNAMIC PRICING IN 11 to MC; 13 to SC of the more subtle ways m RESTAURANTS? -------------- which companies build price EST..Te Say tits not coin AS,, Men'at ons into their bottom moo But a grmwing numb,, 4yS ItLes. of restaurants are cha,gi n6 .,� WHAT'S THE DIFFERENCE Caere for MemA that patrons r AT BETWEEN DYNAMIC orderg dp g pps .:x PRICING AND SURGE likeUb.Eats till D k PRICING? according t 1'I Goldberg, Dyna.,pricing and Burge cin chief commerce sdategN u N " pricing are both models it., office,at Publhcis Group¢,a _... Continuously adjust prices global marketing and cust- based U,a g f 1 rim i-t er,company. ,w I" Eure t t t D,bbi,R d finnoIRL1 KM`ry,v1�{k`�M'��q ITa II ann, I and IN.ufL \g I d f nil 04 I [h e s and die ea. ,d ICit Pnd v ehi tauran[s I��11 ,g Prlees�based nn market uses TO hnningy from a start- NBD Map4 eonddons,the RARE,n and up called Sauce Pricing to " .r "f FIUM (I LUD se,PPI9ctanges Surge pricing adjust pricfar uoero RM Pn MG 6 Iti ur MLo is a subset kdynam c pr c rig of th n]part apse based 0n and only 1 algorithm,and the Tn p -^ =-- y involves m,xeasrng g0n per ,p prices,based on supply and son traffic at the chain.nine demand,experts say re9LaDI3ULL1. NA' PUP WHICH INDUSTRIES USE For example d I[ DYNAMIC PRICING Ih I Id as,S12 at, h. 1, pricing h been regular might rise to h plN pan f I t almost S12.60 f 'd 1 y. AS long a-.they've had tevhnnl- doing peak It hr.hat fell to "le,op al,ofadl Atingpdces s110.7dlufngslu-mr,Ruda quickly. as eftcr lundt,Raxarzed,. Airlines,fir instance,LAN said. ,. Oilarly rats,and lower fares "h'6 helpful t0 stcamliuc �^. - w e,penchngond n f fleSANY od and'cap "I'll w raa .. expected cuss g. fresh and Cle d °.- A W w wan ______ of how man; cons stem instead 0f havtn .....� -_ - ,,.:: _-_ and pro)ecnon g Mao B seats fey can till at various a huge peak in demand and tines Fights on Sunday,,and their plat very btrle Sales In FLOM Fridays,for Instance,Lend to other hours"she said "r ------�M cost more[Iran those In the Roxal aade empliasfeed i/ middle of the week Airlines that her physical locations iY hove a name for the pro,- do net emplov such dynamic rYs ie:yield management pricing methods. pPr u N Neese visit the Monroe County Website at uaVw.monrcecou,dy-il.gav for meeting agenda updates and information regarding the various options available to the RON is to view the l ive meeting and/ar t0 make public ......comment tain agenda items 11 Pm.1111SerL'oa 286.0105N carStatutes,dAJ1El6tll,deddeskappea1anydechiuno(14A 605Ydo(Lbunty Lommissionvs adb cevpectto anyma[fe,cwnidered at the meeting orh wag AB orshe willased are card ofthp,eedaAK,and that(orsuchprposg 4aorshe-'e"dfoBosse¢A,':rb,.cw,,dofth,,V ceed,D,,a mad"which ARLIE NEIeERaaLL.me nvse:latea Prers rile nl, ernrtmdudes tie tesh'moay&A,rd-,upon wlu',h the appeal a to A,-d cH eta AN ASSISTANCE:1fh a athAli ho needs s I accommodations in order to tiri ate in this din,,Me contact the Ceunf A sign stands over a Wendy'S restaurant,Feb.25,202I, you BOBa e spec:oa wi ry w ped' par A proeee g y in Des Moines,Iowa.Wendy's says that it has ne plans to Aii-mtramrS OHice,byphoning(09)252-4,An between tAe sours d sca?m.-Spap.m.,no later than five(5),stench,days poor to the scAedukd meeting;i( press¢pNeesdur Wenng bastes[tames at its restaurants, you are h.z rg or voice impaired,.11va" in Wednesday,Feb.28.