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HomeMy WebLinkAboutItem P05COUNTY of MONROE The Florida Keys BOARD OF COUNTY COMMISSIONERS Mayor Michelle Lincoln, District 2 Mayor Pro Tem David Rice, District 4 Craig Cates, District 1 James K. Scholl, District 3 Holly Merrill Raschein, District 5 Regular Meeting March 11, 2026 Agenda Item Number: P5 26-0566 BULK ITEM: No DEPARTMENT: Planning and Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Devin Tolpin, Sr. Director Planning & Environmental Resources AGENDA ITEM WORDING: A Public Hearing to Consider Approval of a Resolution Granting Administrative Relief in the Form of an Allocation Award on a Waterfront Property Designated as Tier 3, to Norman and Madeline Superstein, for Property Located at 22931 Capt. Kidd Lane, Cudjoe Key, Approximate Mile Marker 23, Described as Lots 5 and 6, Block 29, Cutthroat Harbor Estates, Currently Having Parcel Identification Numbers 00182830-000000 and 00182840-000000. ITEM BACKGROUND: Norman and Madeline Superstein (the "applicant") have submitted an Administrative Relief Application for property located at 22931 Capt. Kidd Lane, Cudjoe Key, approximate mile marker 23, described as Lots 5 & 6, Block 29, Cutthroat Harbor Estates, currently having Parcel Identification Numbers 00182830-000000 and 00182840-000000 ("subject property"). The applicant is specifically requesting relief in the form of issuance of a ROGO allocation award and building permit for the construction of single-family residence on the subject property. Permit application no. 20102503 for a single-family residence was submitted on 9/23/2020, and entered ROGO on 3/16/2021. The applicant has been considered in the first sixteen consecutive quarterly allocations and has not received and allocation award; the ROGO allocation application has not been withdrawn; and the applicant has not violated the requirements of the ROGO Permit Allocation System; therefore, the applicant is eligible for administrative relief, and has complied with all requirements of the dwelling unit allocation system pending final execution and recording of a restrictive covenant and unity of title. Owner/Applicant: Norman & Madeline Superstein Land Use District: IS (Improved Subdivision) Tier: 3 Total Assessed Value (2025): 764,461 Just (Market) Value (2025): 764,461 Purchased: 1/22/1965 Deed Type: Quit -Claim In accordance with Land Development Code Section 138-27 and Comprehensive Plan Policy 101.7.1, the preferred option for granting administrative relief to a waterfront Tier 3 property is issuance of an allocation award out of the next available quarterly allocation or in the succeeding quarterly allocation period in which administrative relief allocations are available. Please See Attached Professional Staff Report for Full Details and Analysis. PREVIOUS RELEVANT BOCC ACTION: N/A INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A PROFESSIONAL STAFF RECOMMENDATION It is recommended that the Board of County Commissioners find that the applicant has met the criteria and qualifies for Administrative Relief. Further, consistent with Comprehensive Plan Policy 101.7.1 and LDC Section 138-2 (g), Monroe County Planning and Environmental Resources Department professional staff recommends that relief be in the form of an allocation award and shall be taken out of the next quarterly allocation which closes on 04/13/2026 or in the succeeding quarterly allocation period in which administrative relief allocations are available. DOCUMENTATION: Staff Report Superstein Resolution Staff Report Exhibit 1_Administrative Relief Application Staff Report Exhibit 2_ROGO Application Staff Report Exhibit 3_Approved Lower Q1Y34 PC Ranking FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: From: Through: Date: Monroe County Board of County Commissioners Michael Roberts, CEP, PWS, CFM, Assistant Director/Environmental Resources Tiffany Stankiewicz, Development Administrator Devin Tolpin, AICP, CFM, Sr. Director of Planning and Environmental Resources February 19, 2026 Subject: Request for Administrative Relief Superstem, Norman & Madeline Block 29, Lot 5 & 6, Cutthroat Harbor Estates, Cudjoe Key, PB 4-165 Property Identification No. 00182830-000000 & 00182840-000000 Meeting: March 11, 2026 1. BACKGROUND On 9/30/2025, the Applicant submitted an Administrative Relief Application for Block 29, Lot 5 & 6, Cutthroat Harbor Estates, Cudjoe Key, PB 4-165, Property Identification No. 00182830- 000000 & 00182840-000000 (Exhibit 1). The applicant is specifically requesting relief in the form of issuance of a ROGO allocation award and building permit for the construction of a residence on the subject property. Permit application #20102503 for a single-family residence was submitted on 9/23/2020, and entered ROGO on 3/16/2021. The applicant has been considered in the first sixteen consecutive quarterly allocations and has not received and allocation award; the ROGO allocation application has not been withdrawn; and the applicant has not violated the requirements of the ROGO Permit Allocation System; therefore, the applicant is eligible for administrative relief pursuant to LDC Section 138-27(a), and has complied with all requirements of the dwelling unit allocation system pending final execution and recording of a restrictive covenant and unity of title to aggregate Lots 5 and 6. Date Entered ROGO: 3/16/2021 (Exhibit 2) Date Entered Administrative Relief: 9/30/2025 Total ROGO/Tier Score: 42 Tier Points Wetlands Tier 3 adj to Tier 1 w> 50 Wetlands Tier 3 adj to Tier 1 w< 50 30 Aggregation Points 0 Land Dedication Points 0 Mkt EMP/AFH project 6 0 0 Page 1 of 10 20102503 Flood Zone - 6 *Solar photovoltaic 3KW or equiv. 0 BAT/AWT 4 *Ductless A/C or High efficiency chiller 0 Bldg designed/certified Green Bldg Code 0 Perseverance Points 8 Permanent Concrete Cistern (1,000 gallons) 0 Payment to Land Acquisition Fund 0 Gray water reuse 0 This application was ranked #27 out of 89 applications in Quarter 1 Year 34 (Exhibit 3). I. CURRENT CONDITIONS Location: Block 29, Lot 5 & 6, Cutthroat Harbor Estates, Cudjoe Key, Parcel Identification Nos. 00182830-000000 & 00182840-000000 Owner/Applicant: Superstein, Norman & Tier: 3 Madeline Total Assessed Value (2025): 764,461 Land Use District: IS (Improved Subdivision) Just (Market) Value (2025): 764,461 Purchased: 1/22/1965 Purchase Price: Deed Type: Quit -Claim Deed Lot 5 Monroe County Property Appraiser Assessments 2024 & 2025 2025Certified Values 2024 Certified Values * Market lriiprovemeritValue $0 $ * Market Misc VallUe $0 $ * Market t.anid Vaka:e $157,467 $180,765 = Jiu.rst Mao ket Vallu.re $157,467 $180,765 = Total Assessed ValUe $157,467 $158„198 Page 2 of 10 20102503 Lot 6 2025CeirtiifiedValues 2024 Certified Values * Market Improvement" Value $0 $ * Market Misc VallUe $0 $ * Market Lanni ValUe $606,99'44 $595,€356 = Jiust Man ket Vallue $606,994 $595„856 = Totall Assessed ValUe $309,822 $281„656 The Applicant puchased the property on 1/22/1965, with a Quit -Claim Deed Additional Relevant Information: The property has a Tier Overlay District designation of Tier III. Based on the Existing Conditions Report (ECR) submitted with the permit application, the parcel(s) consisted of "a very low diversity of native tropical hardwoods and shrub. Heavy disturbance by the invasive exotic plant - Brazilian Pepper covers 47% of the land area in a thick and impenetrable vegetative mass in the center of the two lots". The ECR further describes the lots as" The shoreline of the Parcel contains the State protected mangrove Species - Red, White, and Black Mangroves. The upland vegetative habitat on the parcels is biologically classified as 'Disturbed with Exotics - 740.5 ". The Brazilian Pepper intrusion has significantly altered this habitat. Only a five-foot wide average fringe wetland is along the shoreline of the property on two sides". The Monroe County 1985 Existing Conditions Map (Sheet 92) depicts the parcels as 740 — Disturbed. According to the Monroe County 2023 Land Use & Land Cover (Habitat) GIS data, the parcels consist of 12,641 square feet of Exotic Vegetation and 1,565 square feet of Developed Land. According to GIS data, the parcel(s) are not within the Florida Forever targeted acquisition or Tier I lands areas. I. LEGAL ELIGIBILITY AND OPTIONS Policy 101.7.1 of the Monroe County Year 2030 Comprehensive Plan and LDC Section 138-27 provide a mechanism whereby an applicant who has not received an allocation award in the ROGO system may apply to the Board of County Commissioners for Administrative Relief. Policy 101.7.1 Monroe County, the state, or other acquisition agency shall, upon a property owner's request, offer to purchase the property for fair marl<et value or permit the minimum reasonable economic use of the property, if the property owner meets the following conditions: 1. they have been denied an allocation award for four successive years in the Residential (ROGO) or Nonresidential (NROGO) Permit Allocation System; 2. their proposed development otherwise meets all applicable county, state, and federal regulations; 3. their allocation application has not been withdrawn; Page 3 of 10 20102503 4. they have complied with all the requirements of the Residential or Nonresidential Permit Allocation System; and 5. they follow the procedures for administrative relief contained in the land development regulations. As used in this Policy, "minimum reasonable economic use" shall mean, as applied to any residentially zoned parcel of record which was buildable immediately prior to the effective date of the Plan, no less than a single-family residence. A purchase offer is the preferred option for administrative relief, if the subject permit is for development located within: 1. a designated Tier I area or within the Florida Forever (or its successor) targeted acquisition areas (unless, after 60 days from the receipt of a complete application for administrative relief, it has been determined no county, state or federal agency or any private entity is willing to offer to purchase the parcel); 2. a designated Tier II or III -A (Special Protection Area); or, 3. a designated Tier III area on a non -waterfront lot for affordable housing. Refusal of the purchase offer by a property owner shall not be grounds for the granting of a ROGO or NROGO allocation award. An application for administrative relief may be denied based upon any one of the following findings by a special magistrate or the Board of County Commissioners: 1. The applicant previously filed an inverse condemnation or other private property rights claim or cause of action that gave rise to a final judgment or order of dismissal issued by a court of competent jurisdiction in Monroe County's favor, and said claim or cause of action involved the same property and issues of fact that underlie the application for administrative relief; 2. A court of competent jurisdiction likely would determine that the failure of the applicant to qualify for an allocation award has not caused a taking of the property (whether such liability, at the time of application under this policy, is likely to be established by a court of competent jurisdiction should be determined based on applicable statutory, regulatory, and case law at the time the application is considered under this policy); 3. The property retains a practicable economically beneficial use despite its failure to qualify for an allocation award; Page 4 of 10 20102503 4. The applicant previously received an offer from a local, state, or federal governmental agency to purchase the property at its fair market value that was rejected by the applicant; or 5. The failure of the applicant to qualify for an allocation award can be attributed to laws or regulations that are imposed or mandated by an agency of the federal government. Policy 101.7.3 Monroe County shall preclude the granting of administrative relief in the form of the issuance of a building permit for lands within the Florida Forever targeted acquisition or Tier I lands areas unless, after 60 days from the receipt of a complete application for administrative relief, it has been determined the parcel cannot be purchased for conservation purposes by any county, state or federal agency or any private entity. The County shall routinely notify Department of Environmental Protection of upcoming administrative relief request at least six (6) months prior to the deadline for administrative relief. Eligibility for Administrative Relief: The applicant has met the Administrative Relief eligibility requirements of Policy 101.7.1 and Section 138-27(a), below, having complied with all requirements of the dwelling unit allocation system, and having been considered in at least the first sixteen consecutive quarterly allocation periods and not having received an allocation award. The application was timely submitted. The applicant is requesting administrative relief in the form of one (1) ROGO allocation award and the applicant has not expressed a desire to sell the property to the County. Sec. 138-27. - Administrative Relief. (a) Eligibility. An applicant for an allocation award is eligible for administrative relief if: (1) The application complies with all requirements of the dwelling unit allocation system; (2) The application has been denied an allocation award for four successive years (first 16 consecutive quarterly allocation periods) in the ROGO Permit Allocation System; (3) The proposed development otherwise meets all applicable county, state, and federal regulations; (4) The ROGO allocation application has not been withdrawn; (5) The applicant has complied with all the requirements of the ROGO Permit Allocation System; and (6) The applicant has followed the procedures for administrative relief; and Page 5 of 10 20102503 (7) The applicant has not received an allocation award. Relief Options under Administrative Relief: If the BOCC chooses to grant administrative relief to the applicant, per LDC Section 138-27(g)(2), the preferred action for the subject property (a Tier III designated waterfront parcel) is an allocation award in the next succeeding quarterly allocation period or extended pro rata over several succeeding quarterly allocation periods as the preferred action for buildable properties not meeting any of the criteria in subsection (g)(1) of this section. Policy 101.7.1 A purchase offer is the preferred option for administrative relief, if the subject permit is for development located within: 1. a designated Tier I area or within the Florida Forever (or its successor) targeted acquisition areas (unless, after 60 days from the receipt of a complete application for administrative relief, it has been determined no county, state or federal agency or any private entity is willing to offer to purchase the parcel); 2. a designated Tier II or III -A (Special Protection Area); or, 3. a designated Tier III area on a non -waterfront lot for affordable housing. Refusal of the purchase offer by a property owner shall not be grounds for the granting of a ROGO or NROGO allocation award. LDC 138-27(g) Board of County Commissioners action. At the conclusion of the public hearing, the BOCC may take any or a combination of the following actions: (1) Offer to purchase the property at its fair market value as its preferred action if the property is located within: a. A designated Tier I area or within the Florida Forever (or its successor) targeted acquisition areas (unless, after 60 days from the receipt of a complete application for administrative relief, it has been determined no county, state or federal agency or any private entity is willing to offer to purchase the parcel); b. A designated Tier II area (Big Pine Key and No Name Key); c. A designated Tier III -A area (special protection area); or d. A designated Tier III area on a nonwaterfront lot or parcel for affordable housing. (2) Grant the applicant an allocation award for all or a number of dwelling units requested in the next succeeding quarterly allocation period or extended pro rata over several succeeding quarterly allocation periods as the preferred action for Page 6 of 10 20102503 buildable properties not meeting any of the criteria in subsection (g)(1) of this section. (3) Suggest or provide such other relief as may be necessary and appropriate. In addition, per Comprehensive Plan Policy 101.7.3 and LDC Section 138-27(d): The County shall preclude the granting of administrative relief in the form of the issuance of a building permit for lands within the Florida Forever targeted acquisition or Tier I lands areas unless, after 60 days from the receipt of a complete application for administrative relief, it has been determined the parcel cannot be purchased for conservation purposes by any county, state or federal agency or any private entity. The County shall routinely notify Department of Environmental Protection of upcoming administrative relief request at least six (6) months prior to the deadline for administrative relief. The subject property is dominated by exotic vegetation, is not in the Florida Forever designated acquisition boundary and has a Tier Overlay District designation of Tier 3. In accordance with Section 138-27 and Policies 101.7.1 and 101.7.3, staff recommends that administrative relief be awarded in the form of an allocation award out of the next available quarterly allocation or in the succeeding quarterly allocation period in which administrative relief allocations are available. In the event that the BOCC grants relief in the form of a purchase offer and the owner refuses the purchase offer, the applicant may remain in the ROGO System and continue earning perseverance points according to Monroe County Year 2030 Comprehensive Plan. The owner could also pursue a Beneficial Use Determination (BUD) pursuant to LDC Chapter 102, Article IV, Division 2, though that option would require the owner to establish that applicable Comprehensive Plan policies and LDC provisions has caused a taking of the property, which is a standard the Department does not think the owner could satisfy in the quasi-judicial process. Per Policy 101.7.1, refusal of the purchase offer by a property owner shall not be grounds for the granting of a ROGO or NROGO allocation award. If the BOCC were to instead choose to grant relief to the applicant through an allocation award for one dwelling unit on the subject property (138-27(g)(2)), the following would apply: Per Section 138-27(h), the number of allocations that may be awarded under administrative relief in any one quarter shall be no more than SO percent of the total available market rate allocations available, excluding banked administrative relief allocations and those allocations received from Key West, in a quarter for that subarea. Any allocations, excluding banked administrative relief allocations and those allocations received from Key West, in excess of 50 percent shall be extended into the succeeding quarter or quarters until the number of such allocations is 50 percent or less of the total number of market rate allocations available to be awarded. Page 7 of 10 20102503 As shown in the table below, the current number of banked administrative relief ROGO allocations for the Lower Keys subarea is ninety-six (96). Table shows Total Market Rate Allocations Unused ROGO Years 19-33 available for Administrative Relief Total Unused Market Rate -Area Yr 19 Yr 20 Yr 21 Yr 22 Yr 23 Yr 24 Yr 25 Yr 26 Yr 27 Yr 28 Yr 29-33 Allocations ,er Keys 44 14 20 7 0 0 0 0 0 0 96 Pine/No Name Key0 F 0 0 0 0 0 0 0 0 0 0 er Keys 0 0 15 15 2 0 0 2 15 0 49 Total Allocationsl 11 44 14 35 22 2 0 0 2 15 0 l 145 Note: This table does not include all expired market allocations and may be revised to included expired allocation awards If relief were granted by an allocation award, it would come in the next quarterly market rate allocation quarter for the Lower Keys subarea: Year 34, Quarter 3. Ordinance 006-2020, adopted by the BOCC on January 22, 2020, amended the ROGO allocation schedule beginning Year 29. There will be seven (7) market rate allocation available Quarter 3 for the Lower Keys subarea in Year 34. ROGO Year 34 Allocation by Quarter (July 15, 2025 —July 13, 2026) Annual Qtr 1 Qtr 2 Qtr 3 Qtr 4 Market Rate: Allocation Lower Keys 28(a) 7(b) 7(b) 7(b) 7(b) (')Per CP Policy 101.6.2 and LDC Sec. 138-24(a): Tier 1 annual limit in the Lower Keys Subarea shall be no more than three. (b)Per LDC Sec. 138-27(h): Administrative relief awards shall be no more that 50% of quarterly allocation. For reference, in the last quarterly allocation period (Year 34, Quarter 1), seven market rate ROGO allocations were awarded in the Lower Keys subarea by the Planning Commission in November, 2025. The subject property/application was ranked number 27 out of 89 applications. Of the 82 remaining applicants, 79 are Tier 111; 0 are Tier III -A; and 3 are Tier I, including the subject property. Page 8 of 10 20102503 Permit Name Date Time Key Subdivision Lot Block RE#/Parcel ID I Ter Des. RATE DWELLING UNITS * SFDUR2023-0185 Langfeld, Robert J Sr /Mary M 12-Oct-23 10.46 AM Duck Key Plantation Island Sec 3 R 2 Toms Harbor 7 3 00383030-000000 3 *@ SFDUFL2023-0145 Shark Key JV One LLC 14Oct-25 1:05 PM Shark Key Shark Key Amid & Rev. 13 3 00159252-002500 3 *@ 22100248 Mill a, Victor &Oct-25 11:OOAM Saddlebunch Key Bay Point Amid 5 5 00160340-000000 3 *@ 20100427 Dale Lee Butner Revocable Trust 9130/13 2B-Sep-21 3:20 PM Sugarloaf Key Sugarloaf Shores Rapist Lots 1 & 2 Tract F 00163011-000600 3 * 22101381 Rerre Boumerhi LLC 3-Aug-22 11:25 AM Little Torch Key Jolly Roger Estates 6 17 00217510-000000 3 * 22101568 Conestle, Steve & Madeline 18-Aug-22 2.14 PM Saddlebunch Key Saddlebunch Shores 3 00159300-000000 3 * 221 Of 946 Parry/Smith 28-Jun-23 11:08 AM Cudjoe Key Cutthroat Harbor Estates 18 21 00181070-000000 3 SFDUR2023-0037 Bolus, Samuel & Amie 26-Sep-23 1:45 PM Sugarloaf Key Vacation Harbor 29 00172061-002900 3 SFDUFL2023-0171 Younce. Earl S 11-Oct-23 2:50 PM Ramrod Key Ramrod Shores 3rd Add. 41 002091 3 21100337 Eastern Developers Inc 3-Nov-23 1 D:06 AM Little Torch Key Jolly Roger Estates 30 2 00215770-000000 3 SFDUFL2023-0220 Galo, Gustavo Adolfo & Maria 13-Nov-23 11:00 AM Big Coppilt Coppitt Sub. And 3 2 001496CO-000000 3 SFDUFL2023-0228 Moran, Mchael P 5-Ji 3:02 I M Little Torch Key Jolly Roger Estates 2 13 00216800-000000 3 22102085 Diaz, Beatriz 15-Feb-24 1:02 I M Big Coppilt Coppitt Extension 8 00151050-000200 3 SFDUPL2023-0269 Perris Keys Ho7s LLC 22-Feb-24 3:16 I M Buck Key Center Island Sec 2 R 2 Torts Harbor 4 17 00382300-000000 3 SFDUR2023-0257 Lane, Robin/ Harney, Jordan 1-Mar-24 2:55 I M Sugarloaf Key Rev Rat Sugarloaf Shores Sec D Ext 3 00166973-000300 3 SFDUP-2023-0127 Golden Gables Investments Inc 16-Apr-24 11:40 Ali Duck Key Center Island Sec 2 R 2 Tom Harbor 19 7 00380710-000000 3 21103468 Lopez Family Rev Trust 1/31/2018 9-May-24 2:14 I'M Surmierland Key Surrmerland Key Cave 5lh Add 18 5 00192490-000000 3 SFDUR2024-0014 Bartlett, Sue E 10 NWy-24 2:35 PNI Duck Key Plantation Island Sec 3 R 2 Toms Harbor 23 & 24 2 00382890-000000 3 SFDUF2024-0066 Gibson, William T Jr 11-Jul-24 1:30 PM Big Coppitt Coppitt Subd Arrd 6 5 00150100-000000 3 SFDUR20 O4 26 Englefield Benjamin 8/21 /18 AMD & REST F 11-Oct-24 1:20 PNI Duck Key Yacht Club Island Sec 4 Toms Harbor 4 2 00385560-000000 3 R2024D g 9FDU149 Rosa, Rene 13-Jan-25 11:25 Ali Cudjoe Key Cudjoe Gardesn 8th Add. 5 21 00174635-000500 3 18104074 Near, Michael 9-Apr-25 10:00 Ali Sugarloaf Key Sugarloaf Shores Sec D 6d Rev 73 00166973-007300 3 21103578 Cudjoe 23035 LLC 21-11 12:30 PM Cudjoe Key Cudjoe Ocean Shores Sec 2-A Amd 37 10 00188684-005600 3 22101785 Rossi, Craig 21-Oct-22 1:57 PM Little Torch Key Windw and Beach Estates 21 5 00222360-000000 3 19200325 Wolf, Daniel 22-Dec-20 9:00 AM Duck Key Center Island Sec 2 R1 Tons Harbor 15 5 00380170-000000 3 20103190 Lee. Donald & Paula 17-Feb-21 3:30 PM Cudjoe Key Cutthroat Harbor Estates 52 5 00178020-000000 3 @ 20102503 Superstein, Norman & Madeline 16-Mar-21 3:55 PM Cudjoe Key Cutthoat Harbor Estates 5 & 6 29 00182830-000000 3 20200270 RIX Investments LLC 19-Mar-21 9:03 AM Duck Key Center Island Sec 2 R 1 Toms Harbor 32 3 00379780-000000 3 20102245 Garber, Linda & Walter 1&Jun-21 1:55 PM Ramrod Key Breezeswept Beach Esates 65 19 00206510-000000 3 21200066 Perez/Suarez &Oct-21 9:15 AM Duck Key Center Island Sec 2 R 1 Tons Harbor 21 8 00380980-000000 3 22101941 Boumerhi Family LLC 25-0ct-22 2:43 PM Ramrod Key Breezeswept Beach Estates 24 4 00202330-000000 3 SFDUFL2022-0045 Rice, David 31-Jan-23 2:40 PM Saddlebunch Key Saddlebunch Shores 50 00159770-000000 3 SFDUP-2023-00D9 Finigan, Robert Lee 3-Mar-23 1 D:25 AM Saddlebunch Key Bay Point Amd 4 5 00160330-000000 3 22100115 Ruiz, Christopher 12-Apr-23 2:40 AM Sugarloaf Key Vacation Harbor 30 00172061-003000 3 SFDUR2023-0062 Thomrres, Christopher 11-Ju1-23 2.07 PM Obese Key Cedes Gardens 2nd Add 5 12 00174310-000000 3 SFDUFL2023-0111 Mntrock LLC 1-Aug23 1:40 PM Duck Key Center Island Sec 2 R 1 Toms Harbor 4 3 00379500-000000 3 SFDUFL2022-0040 Perez, Orlando 18-Aug-23 3:24 PM Duck Key Center Island Sec 2 R 1 Toms Harbor 19 9 00381170-000000 3 SFDUPL2022-0042 Perez, Orlando 18-Aug-23 3:26 PM Duck Key Center Island Sec 2 R 2 Toms Harbor 20 6 OC380410-000000 3 SFDUR2023-0112 Lorenzo Farm Nursery Inc. 25-A ug-23 2:50 PM Duck Key Center Island Sec 2 R 1 Tom Harbor 25 & 26 3 00379710-000000 3 SFDUR2023-0120 Giraud, Darrel M 13-Sep-23 3:30 PM Surn—rland Key Surrmerland Key Cave Add. 14 3 00191100-000000 3 SFDUR2023-0129 Giraud, Darrel M 2-Oc1-23 11:16 AM Ramrod Key Breersw ept Beach Est. 2 3 00201780-000000 3 SFDUPL2023-0121 Giraud, Darrel /Rochette Julien 2-Oct-23 11 30 AM Ramrod Key Ramrod Shores Marina Sec. 31 3 00210670-000100 3 SFDUP-2023-0182 OMP Roperties LLC 6-Oct-23 3:18 PM Duck Key Center Island Sec 2 R 1 Toms Harbor 20 9 00381180-000000 3 21103271 Paul W Slemp Stella Rev Trust of 2016 12/20 9-Apr-24 12:05 PM Cudjoe Key Cutthroat Harbor Estates 8 21 00180970-000000 3 22200044 Eckhoff, Bryan & Candy 7-Apr-22 10:27 AM Duck Key Center Island Sec 2 R 2 Tons Harbor 20 7 00380720-000000 3 22101986 Kennedy/ Tetstone 11-Oct-22 10:20 AM Ramrod Key Ramrod Shores 15 & E 1/2 16 7 00208230-000000 3 SFDUR2023-0179 Andress, Steven B 26-Sep-23 1:30 I M Ramrod Key Breezeswept each Estates 18 6 00202940-000000 3 # SFDUF2023-0170 Harbour Drive LLC 19-Oct-23 11:30 Ali Duck Key Harbour Island Amd 7 & 7A 00376951-000700 3 SFDUPL2023-0208 Duck Ri LLC 17-Nov-23 2:25 PNI Duck Key Center Island Sec 2 R 1 Tom Harbor 19 00378870-000100 3 BFDUR2022-0022 Sardines, Gazy & Daisne 29-Nov-23 11:27 Ali Sugarloaf Key Sugarloaf Shores Sec. D 6 00163980-000000 3 SFDUR2022-0060 Brennan, Joel P & Trisha 5-Jarv24 3:00 PNI Ramrod Key Breezeswept Beach Est 7 8 00203430-000000 3 22200233 Charmon LLC 11-Apr-24 2:54 PM Duck Key Center Island Sec 2 R 2 Toms Harbor 25 7 "00380770-000000 3 SFDUP-2024-0085 Hess, Ronald 3-Jul-24 10:30 AM Little Torch Key Coral Shores Est. Mobile Home Sec 1 26 2 00214481-006900 3 SFDDP-202425 Arellano, Jesus 13-Jan-25 9 14 AM Duck Key Plantation Island Sec 3 R 2 Tons Harbor 18 3 00383140-000000 3 SFDUFL2024-0198 Grouper Building Property LLC 17-11 2:25 PM Duck Key Center Island Sec 2 R 1 Tons Harbor 5 4 00379870-000000 3 21200200 Geromanos, Thomas & Denise 7-Jul-22 2:27 Pel Duck Key Center Island Sec 2 Part 1 Toms Harbor 2 5 00380040-000000 3 21200185 Cox, David Parker 6-Jam-22 3:20 PM Duck Key Center Island Sec 2 R 2 Tom Harbor 3 17 00382290-000000 3 21100921 Alpizar, Victor & Alina 11-Jan-22 2:45 PM Cudjoe Key Cutthroat Harbor Estates 1st Add. 2 1 00183950-000000 3 21200311 Costa II Investments LLC 8-Feb-22 10:00 AM Duck Key Center Island Sec 2 R 1 Toms Harbor 2 3 00379480-000000 3 21200244 Cantors, James 1-Apr-22 11.47 AM Duck Key Yacht Club Island Sec 4 Toms Harbor 2 2 00385540-000000 3 22200022 Smutny, Naudia 12-Apr-22 12:35 HIM Duck Key Plantation Island Sec 3 R 1 Toms Harbor 1 6 00383740-000000 3 221 0061 1Brash, Robert 15-Sep-22 1 D:11 AM Cudjoe Key Cudjoe Gardens 7 5 00172570-000100 3 2220013' Mole— Corp 4-OdF22 1:33 PM Duck Key Plantation Island Sec 3 R 2 Torts Harbor 24 3 00383200-000000 3 SFDUFL2023-0141 Scatlolini/ Douglass 26-Oct-23 11:23 AM Cudjoe Key Cutthroat Harbor Estates 18 16 00179740-000000 3 SFDUP-2023-0080 More, John 2D-Wy-24 1:40 PM Duck Key Center Island Sec 2 R 2 Toms Harbor 12 7 00380640-000000 3 SFDUP-2024-0159 Romeo William Allen 8-OcF24 2:50 PM Ramrod Key Breezeswept Beach Estates 13 5 00202530-000000 3 SFDUR2025-0091 Cdlazo, Jose R 13-Aug-25 1:54 PM Little Torch Key Males Beach No. 4 94 00219940-000000 3 22101913 Adams, W.A. & Uizabeth 22-Feb-23 8:45 AM Little Torch Key Jolly Roger Estates 11 15 00217160-000000 3 SFDUPL2023-0146 WoNe Investment Roperties LLC 23-Dec-24 2:30 PM Saddlebunch Key Bay Point Amid 1 6 00160800-000000 3 SFDUP-2024-0212 Smeuse, Jason M 14-Jan-25 11:55 AM Ramrod Key Breezeswept Beach Est 3 4 00202110-000100 3 SFDUPL2023-0074 Ruiz, Christopher 11-Apr-25 10:45 AM Raccoon Key Key Haven 7th Add 11 2 00138280-000000 3 SFDUPL2023-0052 RDthdemsch,Thomas & Judy 20-Apr-23 11:35 AM Ramrod Key Breezeswept Beach Estates 12 4 00202210-000000 3 SFDUP-2024-0182 O Sea Oasis LLC 22-Nov-24 12:40 PM Little Torch Key Jolly Roger Estates 1 2 00215480-000000 3 SFDUPL2024-0139 TLNK Really 2 LTCec 9-D-24 2:28 PM Saddlebunch Key Bay Point Arid d 15 & 6 00160940-000000 3 SFDUPL2023-0258 Adamant Group LLC 2-Apr-25 3:16 PM Ramrod Key Breezeswept Beach Est 1 3 00201770-000000 3 SFDUR2025-0006 Ruiz, Manuel E 6-Aug-25 12:05 PM Sugarloaf Key Vacation Harbour 13 00172061-001300 3 SFDUR2025-0095 Arnold, Joshua David 13-Aug-25 2:08 PM Little Torch Key Mates Beach No. 3 70 00219680-000000 3 20103274 Rego, lvblly 22-Jan-21 12:08 PM Cudjoe Key Cutthroat Harbor Estates Tat Add. 9 & pt rd 4 00184260-000000 3 SFDUPL2023-0012 Sembert/Sampson 16-NIay-23 2:06 PM Cudjoe Key Cudjoe Gardens 2nd Add 24 4 00 1 74040-000000 3 SFDUR2024-0022 Crow/Roberts 22-Nov-24 10:18 AM Duck Key Center Island Sec 2 R 1 Toms Harour 22 3 00379680-000000 3 18105413 Morris, Robert & Brenda 11-Mar-22 2:50 PM Cudjoe Key Cutthroat Harbor Estates 1st Add 1 13 00185720-000000 3 22100212 Biso-Albert/Albert 29-Oct-24 12:50 PM Ramrod Key Breezeswept Beach Estates 15 3 00201920-000000 3 SFDUP-2024-0116 Van Den Bos, Marinus 10-Dec-24 3:02 PM Cudjoe Key Cutthroat Harbor Estates 6 12 00185560-000000 3 SFDUP-2024-0197 Butner, Benjamin J 6-Oct-25 4:13 PM Cudjoe Key Cudjoe Gardens 2nd Add 22 4 00174020-000000 3 21101351 Fernandez, Fernando 14-Mar-23 9:50 AM Cudjoe Key Cutthroat Harbor Estates 1st Add 2 13 00185730-000000 3 22100217 Cook, Anthony 12-Apr-22 9:30 AM Big Torch Key Torchw ood West Unit 2 22 2 00243622-003500 1 20200067 Roman Breeze Inc 24-Jun-22 12:07 PM Long Key pt Lt 1 00098530-000200 1 SFDIJP-2024-0202 John D&Wry Jane Schwartz Rev Liv Trust 27-Jun-25 1.15 PM Big Torch Key Torchw end West Unit 1 15 1 00243621-001500 1 Page 9 of 10 20102503 II. RECOMMENDATION It is recommended that the Board of County Commissioners find that the applicant has met the criteria and qualifies for Administrative Relief. Further, consistent with Comprehensive Plan Policy 101.7.3 and LDC Section 138-27(d) and (g), staff recommends that relief be granted in the through the award of one (1) ROGO allocation in the next quarterly ROGO allocation period which closes April 13, 2026, or a succeeding quarterly allocation period in which administrative relief allocations are available. A restrictive covenant and unity of title approved by the Planning Director and the County Attorney shall be executed and recorded prior to issuance of the building permit. III. EXHIBITS 1. Administrative Relief Application 2. ROGO Application 3. Approved Lower Q1Y34 PC 11.19.2025 Ranking Page 10 of 10 20102503 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 a MONROE COUNTY, FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RESOLUTION NO. -2026 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY NORMAN AND MADELINE SUPERSTEIN ON PROPERTY LOCATED AT 22931 CAPT. KIDD LANE, CUDJOE KEY AND DESCRIBED AS LOTS 5 AND 6, BLOCK 29, CUTTHROAT HARBOR ESTATES, CURRENTLY HAVING PARCEL IDENTIFICATION NUMBERS 00182830-000000 AND 00182840-000000 IN THE FORM OF ONE (1) DWELLING UNIT ALLOCATION AWARD. 23 24 WHEREAS, Norman and Madeline Superstein (the "applicant") submitted an 25 application for administrative relief under Policy 101.7.1 of the Monroe County Year 2030 26 Comprehensive Plan; and 27 28 WHEREAS, the Monroe County Planning and Environmental Resources 29 Department ("Department") has provided a professional staff report to the Monroe County 30 Board of County Commissioners (`BOCC", "Monroe County", "Board", or the "County") 31 regarding said application; and 32 33 WHEREAS, the BOCC hereby makes the following findings of fact and 34 conclusions of law: 35 36 1. The application for administrative relief (see no. 20102503) from 9/30/2025 is for the 37 aforesaid real property located at 22931 Capt. Kidd Lane, Cudjoe Key, described as 38 Lots 5 and 6 , Block 29, Cutthroat Harbor Estates, Cudjoe Key, Monroe County, 39 currently having Parcel Identification Numbers 00182830-000000 and 00182840- 40 000000. 41 42 1 of 4 1 2. The date of the ROGO application is 3/16/2021. 2 3 3. The ROGO allocation application has been in the ROGO system for at least four (4) 4 consecutive years and qualifies for administrative relief under Policy 101.7.1 of the 5 Monroe County Year 2030 Comprehensive Plan. 6 4. Monroe County Code ("MCC") Section 138-27 provides a mechanism whereby an 7 applicant who has not received an allocation award in ROGO may apply to the Board 8 of County Commissioners for administrative relief. 9 5. The Board of County Commissioners has the authority to grant administrative relief 10 under Policy 101.7.1 and may grant the applicant a building allocation, offer to 11 purchase the property at fair market value, or provide such other relief as may be 12 necessary and appropriate. 13 6. The applicant applied for administrative relief on 9/30/2025, under Section 138-27 of 14 the MCC and Policy 101.7.1 of the Monroe County Year 2030 Comprehensive Plan. 15 7. Policy 101.7.1, Policy 101.7.3, and Policy 105.2.8 of the Monroe County Year 2030 16 Comprehensive Plan provides criteria to be used for determining lands that are 17 appropriate for acquisition and the criteria includes the environmental sensitivity of 18 the vegetative habitat on the lot and the applicable Tier designation. 19 8. In accordance with Policy 101.7.3 and MCC Section 138-27(d), the County shall 20 preclude the granting of administrative relief in the form of the issuance of a building 21 permit for lands within the Florida Forever targeted acquisition or Tier I lands areas 22 unless, after 60 days from the receipt of a complete application for administrative 23 relief, it has been determined the parcel cannot be purchased for conservation purposes 24 by any county, state or federal agency or any private entity. The County shall routinely 25 notify Department of Environmental Protection of upcoming administrative relief 26 request at least six (6) months prior to the deadline for administrative relief. 27 9. MCC Sections 138-27(a)(4)—(5) provide that "[a]n applicant for an allocation award 28 is eligible for administrative relief if. The ROGO allocation application has not been 29 withdrawn; [and] The applicant has complied with all the requirements of the ROGO 30 Permit Allocation System[.]" 31 10 32 33 35 36 37 38 39 40 41 42 43 On or about November 2, 2022, in satisfaction of MCC Sections 138-27(a)(4)—(5), the applicant submitted to the Department an apparently legally sufficient covenant of unity of title and aggregation restrictive covenant as part of its ROGO application as required by MCC Sections 138-28(a)2-4. 11. As required by and in satisfaction of MCC Section 138-27(a)(4) the ROGO application has not been withdrawn and as provided by MCC Section 138-27(a)(5) the applicant has not violated the requirements of the ROGO Permit Allocation System. 12. The subject property has the land use district designation of Improved Subdivision (IS) and is located in the Cutthroat Harbor Estates Subdivision and is located in a Tier 3 designated area. 2 of 4 I NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 2 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 3 4 Section 1. The foregoing recitals are true and correct and are hereby 5 incorporated as if fully stated herein. 6 7 Section 2. As authorized by MCC Section 138-27(g), administrative 8 relief is granted to Norman & Madeline Superstein, for Lot 5 9 & 6 , Block 29, Cutthroat Harbor Estates, Cudjoe Key in the 10 form of one (1) dwelling unit allocation, subject to the i2 following conditions: 13 1. In satisfaction of MCC Sections 138-27(a)(4)—(5) the applicant 14 must have approved and recorded a legally sufficient restrictive 15 covenant and unity of title subject to the approval of the Planning 16 Director and the County Attorney, as required by MCC Sections 17 138-28(a)1-4, prior to the issuance of any building permit 18 pursuant to an allocation award. 20 2. The timing of issuance of the permit shall be in accordance with 21 the annual number of residential allocations defined by Policy 22 101.3.2 of the Monroe County Year 2030 Comprehensive Plan 23 and as required by Section 138-27 of the Monroe County Land 24 25 Development Code. 26 3. The allocation award shall be taken out of the next quarterly 27 allocation which closes on 04/13/2026 or in the succeeding 28 quarterly allocation period in which administrative relief 29 allocations are available. 30 31 Section 3. The interpretation of this Resolution, and all provisions of the 32 Monroe County Code(s), Comprehensive Plan, and Florida 33 Statutes whose interpretation arise out of, relate to, or are 34 interpreted in connection with this Resolution, shall be 35 construed in favor of the Monroe County Board of County 36 Commissioners and such interpretation(s) shall be entitled to 37 great weight in adversarial administrative proceedings, at 38 trial, and on appeal. 39 40 Section 4. Effectiveness. This Resolution shall become effective as 41 provided by law. 42 43 PASSED AND ADOPTED by the Board of County Commissioners of Monroe 44 County, Florida, at a regular public meeting held on this 11t' day of March, 2026. 45 46 Mayor Michelle Lincoln 47 Mayor Pro Tem David Rice 48 Commissioner James Scholl 3 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Commissioner Holly Merrill Raschein Commissioner Craig Cates (SEAL) ATTEST: KEVIN MADOK, CLERK AS DEPUTY CLERK 4 of 4 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA MAYOR MICHELLE LINCOLN MONROE COUNTY ATTORNEY �JPJIaOVED Date: 3/3/26 A 1,01'L1 CATI 0 'N MONROE COUNTY, FLORIDA PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT qx Application for Residential Administrative Relief Monroe County Land Development Code Section 138-27 Application Fee: $ 1,010.00 In addition to the application fee, the fallowing fees also apply: Advertisin Costs: $245.00 Administrative Relief requirements: (1) If an applicant for an allocation award: a. Whose application has been denied an allocation award for four (4) successive years in the Permit Allocation System, and fails to receive an allocation award, said applicant may apply to the board for administrative relief pursuant to the terms and conditions set forth herein,- and b. Whose proposed development otherwise meets all applicable county, state, and federal regulations; and c. Whose allocation application has not been withdrawn; and & Who has complied with all requirements of the Permit Allocation System; and e. Applicant follows procedures for administrative relief contained in the land development regulations; and f. Applicant has not received an allocation award. (2) An application for administrative relief shall be made on a form prescribed by the Director of Planning and may be filed with the Director of Planning no earlier than the conclusion of the fourth annual allocation period and no later than one hundred eighty (18 0) days following the close of the fourth annual allocation period. (3) Upon filing of an application for administrative relief, the Director of Planning & Environmental Resources shall forward to the Board of County Commissioners (BOCC) all relevant files and records relating to the subject applications. Failure to file an application shall constitute a waiver of any rights under this section to assert that the subject property has been taken by the county without payment of just compensation as a result of the dwelling unit allocation system. (4) Upon receipt of an application for administrative relief, the BOCC shall notice and hold a public hearing at which time the applicant will be given an opportunity to be heard, (5) The BOCC may review the relevant applications and applicable evaluation ranking, taking testimony from county staff and others as may be necessary and hear testimony and review documentary evidence submitted by the applicant. (6) At the conclusion of the public hearing, the BOCC may take any or a combination of the following actions pursuant to Monroe County Code Section 138-27(g) and Monroe County Comprehensive Plan Policy 101.7.1: a. Offer to purchase the property at fair market value as the Board of County Commissioners preferred action if the property is located within: i. A designated Tier I area or within the Florida Forever (or its successor) targeted acquisition areas (unless, after 60 days from the receipt of a complete application for administrative relief, it has been determined no county, state or federal agency or any private entity is willing to offer to purchase the parcel); iL A designated Tier 11 area (Big Pine Key and No Name Key); iiL A designated Tier 111-A area (Special Protection Area); or iv. A designated Tier III area on a nonwaterfront lot or parcel for affordable housing. b. Grant the applicant an allocation award for all or a number of dwelling units requested in the next succeeding quarterly allocation period or extended pro rats over several succeeding quarterly allocation periods as the preferred action for buildable properties not meeting any of the criteria Monroe County Code Section 138-27(g) and Monroe County Comprehensive Plan Policy 101.7.1 c. Suggest such other relief as may he necessary and appropriate. (7) Monroe County Comprehensive Plan Policy 10 1. 7.3: Monroe County shall preclude the granting of administrative relief in the form of the issuance of a building permit for lands within the Florida Forever targeted acquisition or Tier I land areas unless, after 60 days from the receipt of a complete application for administrative relief, it has been determined the parcel cannot be purchased for conservation purposes by any county, state or federal agency or any private entity. (8) Limits on administrative allocations per quarter: The number of allocations that may be awarded under administrative relief in any one quarter shall be no more than 50 percent of the total available market rate allocations available, excluding banked administrative relief allocations and those allocations received from Key West, in a quarter for that subarea. Any allocations, excluding banked administrative relief allocations and those allocations received from Key West, in excess of 50 percent shall be extended into the succeeding quarter or quarters until the number of such allocations is 50 percent or less of the total number of market rate allocations available to be awarded. (9) Refusal of the purchase offer by the property owner shall not be grounds for the granting of a ROGO allocation award. Page I of 2 Min Relief'Residentnil Application 03.28.2023 Applicants Initial and date: �,PPLICA [ R,)N MONROE COUNTY, FLORIDA PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT Application for Residential Administrative Relief Monroe County Land Development Code Section 138-27 Application Fee: S1,010.00 In addition to the aplilicationjec, the lbllowingftes also aj)plv: Advenisin s: $245.00 ATTACHMENTS: 1) COPY OF CURRENT PROPERTY RECORD CARD, 2) COPY OF TI IE RECORDED DEED OF THE SUBJECT PROPERTY AND 3) A VEGETATION SURVEY DATED WITHIN SIX MONTHS OF ADMINISTRATIVE APPLICATION SUBMITTAL. IF YOU HAVE QUESTIONS OR WISH -1-0 MAKE AN APPOINTMENT TO DELIVER YOUR APPLICATION PLEASE CALI.. THE GROWTH MANAGEM FNTOFFKA; CLOSEST TO YOUR PROJECT. Property Owner's Name: Madeleine Superstein ------ (Business/Corp Documents showing who is authorized to sign) Property Owner's complete mailing address: 9000 Garland Avenue, Surlside, FL 33154 (Home): (305) 534-1109 [,'mail Address: bsuperstein@gmail.com Agent's Name: Patrick M. Stevens (Required for agents; eagentattiho arization for the Administrative Relief'Application from all property owners) Agent's complete mailing address: 5800 Overseas Highway, Suite 3, Marathon, FL 33050 Phone: (Work) (305) 743-9 . 85 .., 8 (Home) Email Addi-ess:stevens@marathonlaw.com (Please attach a notarized statement authorizing representation of this application by all property owners. The statement should read: 1, (owner's name) authorize (individual you are authorizing to represent yet[) to represent my property for this application for Administrative Relief". PROPERTYDESCRIPTION: Lots) 5,6 Block 29 Subdivision Cutthroat Harbor Estates Key (island): Cudjoe Key Street: Capt. Kidd Lane MM, R F- 001028304)00000 and bmwd.,. attach leguldescripiwn paale,,heei Building Permit Application 4:201.92503 (LOGO Application 4: 20-16­4,40;� Date of most recent ROGO application: 03/16/21 What kind of administrative relief are you seeking'? Residential s 1, otf�j pjjjclj�Ls� n'the property i� designated Tier 1, pre _f'61 ed 11--0ardo ——- n i _yCoininission o —sad ion j" - If, 111-A (Special protection Area): or Ill on nonwatcrfrow lol suitable for affordable housing NOTARY: STATE OF Florida COUNTY 01FMia-i-D-d- Applicant's'-K I to Sworn to and subscribed before me, by means of ®''physical presence or Cl online notarization this ZS day ofC�I"I C 20 2 ..,by r- )a� '50 )ET_5t.i (PR I N T NAM[: 0 F 11 ER SO N M A K IN 0 S I A I EM I ;N 1'1 who is personally known to me OR produced as identification. (TYPE OF ID PRODUCED) KEmax r ALLY CWLES Signature ol'Not.-ry ublic W COMMISSON #HHU3137 M`M: FEB 01, 2M C S '2040 Print, Type or Stanip Commissioned Naine of Notary Public del TO 13E COMPLETED 13Y STAFF- DATE: Page 2 of2 APPLICA HON #20-10--,?- Adni Reficl'Residential Application 03.28,2023 Applicants Initial and dow: MONROE COUNTY PLAN N 114 C'A' DEPARTIVw4ENT ADMINSTRATIVE RELIEF AGENT AUTHORIZATION FORM (Authorization is needed from each owner of the subJect property) (Date) I hereby authorize Patrick M. Stevens (Name of Person who will be the Agent) as authorized agent for Madeleine Superstein (Name of Property Owner(s) the Applicant(s)) for the Administrative Relief application submittal for ROGO Application #20-10-1053 for property described as: Lot: -5,6 1 Block Cutthroat Harbor Estates , Key (island): Cudjoe Key Real Estate/Parcel ID number(s): 0182830-000000, 0182840-000000 (Pat -eel 11)) be listed 29 Subdivision: and This authorization becomes effective on the date this affidavit is notarized and shall remain in effect until terrninatcd by the undersigned. This authorization acts as a durable power of attorney only for the purposes stated. The undersigned understands the liabilities involved in the granting of this agency and accepts full responsibility (thus holding Monroe County harmless) for any and all of the actions of the agent named, related to the acquisition of pen -nits for the aforementioned applicant. OWNER(S); 14 Property Owner S4n-ature Printed Name of O*ner 2) Property Owner Signature Printed Name of Owner STATE OF FLORIDA COUNTY OF MIAMI-DADE Sworn to and subscribed before me, by means of Vphysical presence or 0 online notarization this Zjday of pf120 ,by e_16upf�r6 %n (ITINT NAME OF PERSON MAKING STATEMIXT-) who is personall k me OR produced [�6vcr ULeJ1S_P . ..... as identification. `` (TYPE MAD PRODUCE.1 I KERLLY CHANS ^MMW50 OH223137 Signature of Notary Ptrbiic totRES: FEB 01, 2026 riled itnYd tl titSW Im Print, Type or Stamp Commissioned Name of Notary Public My commission expires:02101 2Q*) Note: Authorization is needed from each owner of the subject property. Therefore, one or more authorization fornis must be submitted with the application if there are multiple owners. Rev. 03.28.2023 9129125, 11:22 AM gPublic - Monroe County, FL - Report: 00182830-000000 Monroe County, FL "PROPERTY RECORD CARD" Disclaimer The Monroe County Property Appraiser's office maintains data on property within the County solely for the purpose of fulfilling its responsibility to secure a just valuation for ad valorem tax purposes of all property within the County. The Monroe County Property Appraiser's office cannot guarantee its accuracy foray orany other purpose. Likewise, data provided regarding one tax year may not be applicable in prior ar subsequent years. By requesting such data, you hereby understand and agree that the data Is intended for ad valorem tax purposes only and should not be relied on for any other purpose. By continuing into this site you assert that you have read and agree to the above statement. Summary Parcel ID 00182830-000000 Account# 1234800 PropertylD 1234800 MillageGroup 100C Location Address 22931 CAPT KIDD Ln, CUDJOE KEY Legal Description BK 29 LT 5 CUTTHROAT HARBOR ESTATES CUDJOE KEY PB4-165 OR261-307 OR332-405 OR543-82 (Note: Not to he used on legal documents.) Neighborhood 311 Property Class VACANT RES (0000) Subdivision CUTTHROAT HARBOR ESTATES Seclrwp/Rng 28/66/28 Affordable Housing No Owner SUPERSTEIN NORMAN 9000 Garland Ave Surfside FL 33154 Valuation SUPERSTEIN MADELINE 9000 Garland Ave Surfside FL 33154 2025 Preliminary 2024 Certified 2023 Certified 2022 Certified Values Values Values _ Values + Market Improvement Value $0 $0 $0 $0 + MarketMiscValue $0 $0 $0 $0 + Market Land Value $157,467 $180,765 $168,405 $168,405 = Just Market Value $157,467 $180,765 $168,405 $168,405 = Total Assessed Value $157,467 $158,198 $143,816 _ $130,742 - Schoni Exempt Value $0 $0 $0 $0 = School Taxable Value Historical Assessments $157,467 $180,765 $168,405 $168,405 Year Land Value Building Value Yard Item Value Just (Market) Value Assessed Value Exempt Value Taxable Value Maximum Portability 2024 $18Q765 $0 $0 $180,765 $158,198 $0 $180,765 $0 2023 $168,405 $0 $0 $168,405 $143,816 $0 $168,405 $0 2022 $168,405 $0 $0 $168,405 $130,742 $0 $168,405 $0 9091 g134.415 s0 $0 $134,415 $118,856 $0 $134,415 $0 2020 $152,955 $0 $0 $152,955 $108,051 $0 $152,955 $0 2019 $118,965 $0 $0 $118,965 $98,228 $0 $118,965 $0 2018 $100,425 $0 $0 $100.425 $89,298 $0 $100,425 $0 The Maximum Portability is an estimate only and should not be relied upon as the actual portability amount. Contact our office to verify the actual portability amount. https:Ilgpublic.schneidercorp.comlApplication.aspx?AppID=605&LayerlD=9946&PageTypelD=4&PagelD=7635&Q=1718075271 &KeyValue=00182830... 112 9129/25, 11:22 AM gPublic - Monroe County, PL- Report: 00182830-000000 Land Land Use NumberofUnits Unit Type Frontage Depth RESIDENTIAL CANAL UNPERMITTED (01CM) 6,000.00 Square Foot 60 100 View Tax Info View Taxes for this Parcel Map TRIM Notice -) 5-Y€�1 \i�=ic.c t"('DF No data available for the following modules: Buildings, Yard Items, Sales, Permits, Sketches (click to enlarge), Photos. T� . �1., : ce �_:;�;r;?'y ?,''.;Pcr , �;s'.>a _- , �is':cc r : �.?=:a€;;� ��taE . , � �:ac! t 'irl3i>- €�. , <,;as'., ! !; g�.,.• E � �� i),r f'iifti!i3 sc'e>•s;,!e»sil�i!i!:}--;:a,'- ``� SCHNEfDEF2 -1. ?ticp1 i7iii7E it=a Xri„tEr_j`3i:S�'�CF �)i;7��- J tJ i'�'E'E `i l..tll�Y.!i EE�;f ^E GQOSPAT&A4 aC,`.. .`%h E3!.3�ijr')Si?. �._i�:F..:-a-. t'2i_'�, .;v�eJ'.'rN QlLl=n:..•:",-,':3.xV"t?: 7OTy Ftol :�PpI.' QG;,efi. i . aC:., user Privacy Po___ Lic ; GDPR Privacy Notice Last Data Upload: 9/27/2025. 1:56:12 AM https:llgpublic.schneidercorp.com/Appl[Gation.aspx?ApplD=605&Layer[D=9946&PageTypelD=4&PagelD=7635&0=1718075271 &KeyValue=00182830... 212 9129/25, 11:23 AM gPublic- Monroe County, FL- Report: 00182840-000000 Monroe County, FL **PROPERTY RECORD CARD** Disclaimer The Monroe County Property Appraiser's office maintains data on property within the County solely for the purpose of fulfilling its responsibility to secure a just valuation for ad valorem tax purposes of all property within the County. The Monroe County Property Appraiser's office cannot guarantee its accuracy for any other purpose. Likewise, data provided regarding one tax year may not be applicable in prior or subsequent years. By requesting such data, you hereby understand and agree that the data is intended for ad valorem tax purposes only and should not be relied on for any other purpose. By continuing into this site you assert that you have read and agree to the above statement. Summary Parcel ID 00182840-000000 Account# 1234818 PropertylD 1234818 Millage Group 100C Location Address VACANT LAN CAPT KI DD Ln, CUDJOE KEY Legal Description BK 29 LT 6 CUTTHROAT HARBOR ESTATES CUDJOE KEY PB4-165 OR254-97 OR332-405 OR543-82 (Note: Not to be used on legal documents.) Neighborhood 311 Property Class VACANT RES (0000) Subdivision CUTTHROAT HARBOR ESTATES Sec/Twp/Rng 28/66/28 Affordable Housing No Owner SUPERSTEIN NORMAN SUPERSTEIN MADELINE 9000 Garland Ave 9000 Garland Ave Surfside FL 33154 Surfside FL33154 Valuation 2025Preliminary 2024Certified 2023Certified 2022Certified Values Values Values Values + Market Improvement Value $0 $0 $0 $0 + Market Misc Value $0 $0 $0 $0 + Market Land Value $606,994 $595,856 $595,856 $425,081 = Just Market Value $606,994 $595,856 $595,856 $425,081 = Total Assessed Value $309,822 $281,656 $256,051 $232,774 - School Exempt Value $0 $0 $0 $0 School Taxable Value Historical Assessments $606,994 $595,856 $595,856 $425,081 Year Land Value Building Value Yard Item Value Just (Market) Value Assessed Value Exempt Value Taxable Value Maximum Portability 2024 $595,856 $0 $0 $595,856 $281,656 $0 $595,856 $0 2023 $595,856 $0 $0 $595,856 $256,051 $0 $595,856 $0 2022 $425,081 $0 $0 $425,081 $232,774 $0 $425,081 $0 2021 $211,613 $0 $0 $211,613 $211,613 $0 $211,613 $0 2020 $206,044 $0 $0 $206,044 $206,044 $0 $206,044 $0 2019 $196,763 $0 $0 $196,763 $196,020 $0 $196,763 $0 2018 $178,200 $0 $0 $178,200 $178,200 $0 $178,200 $0 The Maximum Portability is an estimate only and should not be relied upon as the actual portability amount. Contact our office to verify the actual portability amount. https:llgpublic.schneidercorp.comlApplication.aspx?ApplD=605&LayerlD=994B&PageTypelD=4&PagelD=7635&Ct=1718075271 &KeyValue=00182840... 112 9129/25, 11:23 AM gPublic - Monroe County, FL - Report: 00182840-000000 Land Land Use Number of Units Unit Type Frontage Depth RES WATERFRONT UNPERMITTED (01WM) 8,250.00 5quareFoot 0 0 View Tax Info ViewTaxes for this Parcel Map TRIM Notice 2,025 -i WN, No -rice (PDF� j No data available for the following modules: Buildings, Yard Items, Sales, Permits, Sketches (click to enlarge), Photos. E'y' 6i:yln ¢I ,:!1 n _Al_ or L:a i!i- E3i',A,C,;.,T- sp'ui ' -,40V tf ':r37j;!c?- '_E E."�iriE 1' 3f��✓:ii:3�;_!':3i X! ! io' e of 8f i I3r0pnr_V i 7'i _..e ) nF T: w',1 Ei)r,' oe c-'u "LY---:x-n— CQir:!__. _c.i.:i_('C' its ,F, 7Vt)t E"h.1 rYSi3i:e :_E Kt3k.%,i E1ser Privacy Policy GQPR Privacy Notice Last Data Upload: 9/27/2025.1.56:12 AM SCi- NEIDER 1 GZOSPAYIAL https://gpublic.sch neidereorp.com/ApplIcation.aspx?App I D=605&LayerID=9946&PageTypeID=4&PagelD=7635&Q=1718075271 &KeyValue=00182840... 212 QUIT -CLAIM DEED OFF REG 'phis quit -Maim herd, RAMCO FORM 8 543 PAGE 82 Executed this day of ,A.D.1973 ,by HAROLD S. BAMBERG and ESTELLE G. BAMBERG, HIS WIFE, first party, to : " : ,•i NORMAN SUPERSTEIN and MADELEINE SUPERSTEIN, his:w vAose postoffice address is 9Q00 Garland Avenue, Surfside, Florida cc second party: rc�y {Wherever used herein the terms "first AAarty" and "second party" shall include singular and plural, twin, le" ropresetttatives, sad assigns of individual , and the wccessws and assigns of co-Toratlons, wherever, the conte4t-, F— so admits or tagi3rci.) - - usse1h, That the said first party, for and to c uidenation of the sum of S 1.0. 0-0`- 6 , in hand paid by the said second party, the receipt whereof is hereby acluaowledged, does hereby remise, re- lease and quit-datm unto the said second party forever. all the right, title, interest. claim and demand which the said fist party has tit and to the 16116tntng destartbed lot, piece or parcel of land, situate, lying and being to Cc=ty of Monroe State of Florida , to -wit: Lots 5 and 6, Block 29, CUTTHROAT'HARBOR ESTATES, according to the Plat thereof as recorded in Plat Book 4 at.Page 165 of the Public Records of Monroe, County, Florida. Subject to all matters of record, conditions, limitations and easements of record, if any; taxes for current and subsequent years. F t• t # i ]~ t TAT E IVoa -D c 0 •� - r� _ Ys/ F-'z L.] DEPT, QF 14, riv'1Vt ✓vYYu /J'l,/ JJY-J"fV lJ•/-i irvvv�v ♦y vr✓vY.Yr Yr.NV� ��� t , To Have and to Vold the saute together with, all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim what- soever of the said first party, either in taro or equity, to the only proper use, benefit and behoof of the said second party forever. In. 101bless Iftereof, The said first party has signed and sealed these presents the day and year first above written. Signed, seated and delivered in presence of: �. .................. > -� ....... ---- I HAROLD S. BAMBYGJ U .... ��.. ....................... -...:fir.. �C - (f rl .''... :.-... ESTEfLE G. AMBERG STATE OF FLORIDA I HEREBY CERTIFY that on this day, before me, an I COUNTY OF DADE officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared #tau of Nwroa, TuuMtg of DADE Prri� (�>errf� that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, NORMAN SUPERSTEIN to me well known to be the person described in and who executed the foregoing deed, and acknowledged before me that he executed the same freely and voluntarily for the purpose therein expressed. tfitV511 my Band and official seal at Miami, County of Dade and State of Florida , this..-4g"p ay of. January , A. D. ig 65. 0.1 astnhrission expires: Rublic;Statea; Florida'atLarge MY.��I P�jssigh.Exhires Dec. 29, 19 5-.- -- - — Notary, Public, Srare of Florida. 12 -671 ,f a0rded In Official.Record Bros i" Monroe County, Florida EARL R. ADAMS CLERK OF CIRCUIT COUR,j RECORD VERIFIED A a 0 0 4 M r m ir ILV4 ff t M14 Lots 5 & 6, Blk 29 Two Lot Parcel - Cutthroat Harbor Estates Vacant Land on Capt. Kidd Lane, Cudjoie Key Monroe County, Florida RE# 00182830-000000 & ,110182840-000000 - Sec 28 Twn 66 Rge 28 Prepared for: Mr. Bernie Superstein Original Report Completed — February 19, 2021 Revision Fieldwork Conducted — September 16, 2025 Revision Report Completed — September 18, 2025 (Revised required to bring original report up to date) Travis Ferguson Keys Biosurveys, LLC %;, 315 Woods Avenue Tavernier, Florida 33070 Phone — (305) 393-1413 KEYS 810SURVEYS KejsBiosurve s X14) mail -co .1 .g_ Lots 5 & 6, BIk 29 Two Lot Parcel - Cutthroat Harbor Estates Vacant Land on Capt. Kidd Lane, Cudjoe Key Mitization Plan Summary The original mitigation plan (completed February 19, 2021) was developed to Support an Existing Conditions Report (ECR) completed by Harry DelashnILitt of BiOSUrveys Inc. back on August 16, 2019. This revision was conducted by request of the property owner in order to bring it tip to date as their application to develop the property moves through the ROGO system. Regulated vegetation across both of these lots was inventoried as part of the original ECR and is marked on -site with blue paint. ']'his mitigation plan inventoried the expected impacts to regulated vegetation based oil a site plan drafted by Carl H. Schror that is dated September 4, 2020. Regulated vegetation inventoried as part of this Mitigation Plan is marked with orange paint. This regulated vegetation will require mitigation if disturbed and is inventoried within the tables provided below. A Mitigation plan Mal) was produced to depict these impacts and the approximate locations of the vegetation present. As proposed, this prqject is expected to impact a total of 46 regulated plants that will require mitigation. Regulated Plants with >4 Inches Diameter at Breast Height (DBH) to be Impacted Total Total Total Total Common Name Scientific Name Status Height Height I eight Height 'Total 0' to ­: 3 3' t, < 6' 6' to< 10' 101+ None Regulated Plants That Reach Matti r4y at <4 Inches Dianictet- at Breast Height (DBH) to be Impacted ('omjiioii Narne Scientific Name Status Total Height 0* to < Y 'Total Height 3' to < 6' Total Height 6' to 10' Total Height 10 Total Jxnaicm Caper Quadrella janwicensis Native - RM 0 0 3 1 4 Total 4 Regulated J'hrcatened (T), Endangered (E), and Regionally -Important (RI) Plants to be Impacted ..oninion Name Scientific Name Status 'Total Height 0' to < .3* Total Height 3' to < 6' Total Height 6' to< 10' Total Height 101+ Total ay C'edar Suriana inaritima Native - RI 0 0 2 0 2 l3kiekbead Bourreria succulenlo Native -1. 5 9 17 9 40 1 'Total 42 Per Monroe County Code (Section 118-8. Mitigation Standards and County Environmental Land Management and Restoration Fund), the removal of any regulated plants shall require payment to the Monroe County Environmental Land Management and Restoration Fund in all amount sufficient to replace each removed plant or tree oil a 2:1 basis. 'This mitigation fee is based oil the replacement cost of each specific plant or tree as well as their size. The Monroe County Biologist maintains a price schedule for each species which is based oil nursery prices. Contacts Please contact Travis Ferguson at (305) 393-1413 for any further analysis, recommendations or questions concerning this mitigation plan. Please contact the Monroe County Planning and Environmental Resources Department for the specific requirements or permits necessary for any action dealing with the removal or disturbance of vegetation on this site. ,#­ ". Travis Ferguson, Keys Biosurveys, LLC September 18, 2025 Allahod %hugitw P1.1 P&III, yPuhiMc.6 wId Dam Shoos, G'nst"'Cll Site 111'. Page 2 of 2 Mitigation Plan Mapi Lots 5 & 6, 1311k 29 Cutthroat Harbor Estates Vacant Land on Capt. Kidd Lane, Cudjoe Key Monroe County, Florida RE# 00182830-000000 & 00182840-000000 - Sec 28 Twn 66 Rge 28 0 10 20 40 60 8(j Parcel Boundaries Residential Structure and Driveway Impact Area 5-Foot Residential Construction Buffer Area Proposed Stormwater swaies Mitigation Map Notes Regulated vegetation expected to be impacted is marked on -site with ORANGE paint. XX-##' represents Regulated Vegetation (RM or Listed Species) and its total height in feet. 5Ulvuyb - Z) ami C'111N11 Monroe County, FL Overview Legend Centerline Easements Hooks Lot Lines Road Center Rights of Way Shoreline j Condo Building Key Names Subdivisions Parcels Parcel ID 00182830-000000 Alternate ID 1234800 Owner Address SUPERSTEIN MADELINE Sec/TWp/Rng 28/66/28 Class VACANT RES 9000 Garland Ave Property Address 22931 CAPT KIDD Ln Surfside, FL 33154 CUDJOE KEY District 100C Brief Tax Description BK 29 LT 5 CUTTHROAT HARBOR ESTATES CUDJOE KEY P134-165 OR261-307 OR332-405 OR543-82 (Na fe� N(A i,(,) be used cX11-I de8af docwm")ts) Date created: 9/18/2025 Last Data Uploaded: 9/18/2025 1:56:48 AM Developed by 4'SCHNEIDER G r. 05 P. V I A L. 'vi"o Monroe County, FL Overview Legend 11- Centerline ... Easements Hooks Lot Lines Road Center Rights of Way Shoreline r —1 Condo Building Key Names L 'J Subdivisions Parcels Parcel ID 00182840-000000 Alternate ID 1234818 Owner Address SUPERSTEIN MADELINE SecfTwp/Rng 28/66/28 Class VACANT RES 9000 Garland Ave Property Address VACANT LAN CAPT KIDD Ln Surfside, FL 33154 CUDJOE KEY District 100C Brief Tax Description BK 29 LT 6 CUTTHROAT HARBOR ESTATES CUDJOE KEY P134-165 OR254-97 OR332-405 OR543-82 Not to lxuy!d Ord i legai docuriieiits� Date created: 9/18/2025 Last Data Uploaded: 9/18/2025 1:56:48 AM Developed by " SCHNEIDER wr a E 0 S P AT I. L. -- — — — — — ---- — — — — — ---- — — — — — - i— a -4, Nil------ ----- ITLi F, 4ud DO DO Ire cl [I is e W"M .t-M , X i41b' it I ..g 1..HIIr9�! 1 29 DIMI .Ol 14ZI!iqMEl) Pigiffi BfW! c4,, A NO . I 14ri P L,g . IN i 1 .1 1 114", Ile Pj;l glilvl 115fill, 1 29 P115 y It jjj�fi. i.im, I flW �'.f Min v �4 N I ful IM01. "bi I A, N T ii 0,0 blin 17 tLL T r j 0 .10 15 T A.. i Ta?E END— Tal rLL st Iliac d1RPM4; 0.1 'T II, QU17-CLAIM DEED - o w 332 fAcE 40 RAMCO FORM BIh M 3246'72 t im � t Inbentitrr, Made, this 22nd day of BETWEEN NORMAN SUPERSTEIN January ,A.D.1965. of the County of Dade , and State of Florida , part y of the first part, and NORMAN SUPERSTEIN and MADELEINE SUPERSTEIN, his wife, as tenants by the entirety,' 8520Crespi Boulevard, Miami Beach, of the County of Dade and State of Florida , part ies of the second part. WITNESSETH, That the said part y of the first part, for and in consideration of the sumof Ten Dollars and other good and valuable consideration ZK in hand paid by the said part ies of the second part, the receipt whereof is hereby acknowledged, ha S remised, released and quit -claimed, and by these presents do es remise, release and•quit-claim unto the said part ies of the second part and their heirs, and assigns forever, all the right, title, interest, claim and demand which the part y of the first part has in -and to the following described lot S , piece S , or parcels of land, situate, lying and being in the County of Monroe , State of Florida to -wit: Lots 5, 6, 7 and 8, Block 29, CUTTHROAT HARBOR" ESTATES, according to the plat thereof as recorded in Plat Book 4 at Page 165 of the Public Records of Monroe County, Florida. The purpose of this deed is to convey the grantor's one-half undivided interest in the aforesaid property, so as to create a tenancy by the entirety between NORMAN SUPERSTEIN and MADELEINE SUPERSTEIN, his wife. k. O wg 5�3 i FL- 7=' Z23 LO -n Cm rT: M ' 0 f; M ram• - C7) CD CD TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto r 3,3 i 16f ate of Madbla. fffoutdg of DADE ee]�J �el`TJ that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, HAROLD S . BAMBERG to me well known to be the person described in and who executed the foregoing deed, and acknowledged before me that he executed the same freely and voluntarily for the purpose therein expressed. t1tPfi rn handMiami, y and official seal at sci-0�"'; g ' _ 3 ; ..', •r,,, `.; _, County of Dade and Statej Florida this rw. r,s• ?.� vr!- day of January 19 65. ,A.D. illy commission �p�xes:. �4 ; �„4: �.a at LARGE MY COMM10o'U d EXPIRki IAN_26 1968 60T[pEp' TH3?OUGI-E FihL.IY W. ;QlE9XjL1{GlFyl.- - ublic, Stars of Florida. No ary F12P ` in oMclal �p1 9Cargook Monrecfoe RL County, Florida 1rzKAor R. A,DAMS Cilictlir coif s�caoRB .y��iFl�. Efl'.tl.c a E407 r• -.-. RAMC(...'' QUIT -CLAIM OEE�� � FORM eyz iZ4ta . tthrut rp, Alade, this 2 2 nd day of Janu ary , A.D. 19 65. BETWEEN HAROLD S. BAMBERG of the County of Dade. , and State of Florida part y of the first part, and HAROLD S. BAMBERG and.ESTELLE G. BAMBERG, his wife, as tenants by the entirety, 31 Sunrise Avenue, Coral Gables, of the County of Dade and State of Florida , parties of the second part. WITNESSETH, That the said part y of the first part, for and in consideration of the sump f Ten Dollars and other good and valuable consideration Rmfikx in hand paid by the said part j.,es of the second part, the receipt whereof is hereby acknowledged, ha s remised, released and quit -claimed, and by these presents do es remise, release an&quit-claim unto the said part ies of the second part and their heirs, and assigns forever, all the right, title, interest, claim and demand which the part y of the first part has in and to the following described lot s , piece S , or parcel s of land, situate, lying and being in the County of Monroe , State of Florida E' to -wit: Tt M Lots 5, 6, 7 and 8, Block 29, CUTTHROAT H'ARBORL a ESTATES, according to the plat thereof as reco�d �x in Plat Book 4 at Page 165 of the Public Recori of: Monroe County, Florida. C o r� The purpose of this deed is to convey the granter' one-half undivided interest in the aforesaid property, so as to create a tenancy by the entirety between HAROLD S '='BAMBERG and ESTELLE'.:G. BAMBERG, his wife. s 7 5 �D 3 s- _ - a �1 ti TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto `FW IEI�42U1 PAGE 30 f .. Printed for lawyers' Title Guaranty Fund, Orlando, Florida barfafttu D STATUTORY ahis Atbent1txP, Made this 17th day of September 19 6 2 , Wetwren CUDJOE INVESTMENTS, INC., a Florida corporation, of the County of Dade , State of Florida , grantor, and HAROLD S. BAMBERG and NORMAN SUPERSTEIN, as tenants in common, whose post office address is 307 Roper Bldg., Miami, of the County of Dade , State of Florida , grantee, Witnesset4, That said grantor, for and in consideration of the sum of TEN AND N01100------------------•------__ __ __---__ Dollars, and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the fol- lowing described land, situate, lying and being in Monroe County, Florida, to -wit: Lots 5 and 8. Block 29, CUTTHROAT HARBOR ESTATES.- according to the plat thereof as recorded in Plat Book 4 at Page 165 of the Public Records of Monroe County, Florida. Subject to all matters of record, —n �� M o C �= -0 � o rrn �r -y n (-n I and said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. (Herein the terms "grantor and "grantee' shall be construed to include masculine, feminine, singular, or plural as the_i�tathlies.) y %. V 1� 3n 39itursio Werrof, Grantor has hereunto set grantors hand and seal the day and Signe sealed and delivered in our presence: r�. ' CUD O • ..� : ��. J I 5Tl'.�.s.; B R OfflCilfl itFCQRD BOO E COUNTY, FLORIDA x.:;si ,,: ,, ss°•° ; EARL R. ADAMS Attest .-• (Seal) CMK OF ORCUIT CO€lRi ecy STATE OF FLORIDA RECORD VERIFIED COUNTY OF DADE I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared RICHARD B. JAFFE and BERT SAGER, President and Secretary respectively of CUDJOE INVESTMENTS INC., a Florida corporation, to me known to be the persons described in and who executed the foregoing instrument and acknowledged before .L _i -L_ __ _______i_y :1_ _ Printed for Lawyers Title Guaranty Fund, Orlando, Florida arrantyREE��mE STATUTORY Obis Atbruture, Made this - 7 th day of May 19 6 2 l P lUt'FIl CUDJOE INVESTMENTS, INC., a Florida corporation of the County of Dade , State of Florida , grantor, and HAROLD S. BAMBERG and NORMAN SUPERSTEIN, as tenants in common, whose post office address is 307 Roper Bldg., Miami of the County of Dade , State of Florida , grantee, ttnesort4, That said grantor, for and in consideration of the sum of TEN AND N01100---------------------- Dollars, and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the fol- lowing described land, situate, lying and being in Monroe County, Florida, to -wit: Lot 6, Block 29, CUTTHROAT HARBOR ESTATES, according to the plat thereof as recorded in Plat Book 4 at Page 165 of the Public Records of Monroe County, Florida. Subj ect to all mafi�pr� rR rinrri Q W c' aR RIri- OT LU and Lsaidlrar or�does hereby fully warrant the title to said land, and will defend the same against'the-lawful claims of all person whomsoever. (Herein the terms "grantor' and "grantee" shall be construed to include masculine, feminine, singular, or pluraL.as•.ihe. toritezt indicates.) At Witness Werraf, Grantor has hereunto set grantor's hand and se t d year fir t above written. Signed aled and delivered in our presence: C J STME TS INC. • / B / (Seal) Pres. f (Seal) Attest = F (Seal) `r e cy ; -- f� (Seal} STATE OF COUNTY OF I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared RICHARD B. JAFFE and BERT SAGER, President and Secretary, respectively, of CUDJOE INVESTMENTS INC. to me known to be the person s described in and who executed the foregoing instrument and acknowledged before me that they executed the same. -- - - - — . - _ .. .. . 7+k r Mntr 2s,_, Printed for Lawyers' Title Guaranty Fund, Orlando, Florida Mum 225 PACE 510 barranty, STATUTORY cghiz Atbruture, Made this 26:th day _of , .Y July is 61, i�3PttuPPn .CUDJOE INVESTMENTS, INC. , .a Florida corporation, of the County of Dad_ e , State of Florida , grantor, and HAR= 'S S. RAMBERG and NORMAN SUPERSTEIN:, as tenants in common, whose post office address is 20 S. E. 3rd _Avenue', Miami., of the County of Dade. , State of Florida , grantee, iWOOP0, That said grantor, for . and in consideration of the sum of -TEN AND 'NO1100 � --•------------} Dollars, and. other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the foI- lowing described land, situate, lying and being in Monroe County, Florida, to -wit - 'Lot 7, Block 29, .C=1WAT HARBOR ESTATES, according to the plat thereof as recorded in 'Plat 'Book 4 at Page 165 of the Public Records of Monroe-Co.unty., Florida d� - Subiect to all matters of record, conditions:, lirnita-o.J t.ions and .easements of record, if any; taxes for � Q current and .•subsequent years. c a, n � and said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. ( Herein the terms "grantor' and "grantee" shall he construed to include masculine, feminine, sin ular, or plurae context; ip .!cates. ) / = :�i`•!\\�\tilt, _ Att Witmis 324prraf, Grantor has hereunto set grantor's hand and sgdl tay and Attest F. =Q'E STATE OF FLORIDA . COUNTY OF DADE I HEREBY CERTIFY that on this day -before me, an officer duly qualified to take acknowledgments, personally appeared . RICHARD B: .GAFFE and B-ERT EAGER, _President and Secretary respectivel of CUDJOE INVESTMENTS, INC.., a Florida corpo . ti , to me known to be the person Sdescribed in and who executed the foregoing instrument and. acknowledged before me that t he y executed the same. ITEM 1 OF 1 MONROE COUNTY, FL PERMIT RECEIPT Sec:28 Twp:66 Rng:28 sub: Blk: Lot: RE ........: 00182830000000 DATE ISSUED.......: 09/30/2025 RECEIPT #.........: 02000070493 REFERENCE ID # ...: 20102503 NOTES ............ SITE ADDRESS 22931 CAPT KIDD LN SUBDIVISION ....... CITY .............. CUDJOE KEY IMPACT AREA ....... OWNER ............: SUPERSTEIN NORMAN & ADDRESS ..........: 9000 GARLAND AVE CITY/STATE/ZIP ...: SURFSIDE, FL 33154 OPERATOR: heinm COPY # : 1 RECEIVED FROM ....: BERNARD SUPERSTEIN CONTRACTOR GORMAN, MICHAEL PATRICK LIC # 14165 COMPANY ..........: BULLDOG CONTRACTING LLC ADDRESS ..........: 16823 127TH DRIVE NORTH CITY/STATE/ZIP ...: JUPITER, FL 33458 TELEPHONE ........: (561) 339-9703 FEE ID UNIT QUANTITY AMOUNT PD-TO-DT THIS REC NEW BAL ---------- ------------------------ OSBLDSPR VALUATION --------------------- 302,365.00 2515.88 ---------- 678.12 ---------- 1010.00 827.76 TOTAL PERMIT ---------- 2515.88 ---------- 678.12 ---------- 1010.00 ---------- 827.76 *NOTE*: THIS RECEIPT HAS FEE CREDITS TOTALING: 1357.78 METHOD OF PAYMENT AMOUNT REFERENCE NUMBER ------------------ ---- CHECK 1,010.00 2280 WELLS FARGO --------------- TOTAL RECEIPT 11010.00 MONROE COUNTY, FL ITEM 2 OF 2 MISCELLANEOUS FEE RECEIPT RECEIPT # 02000070492 PRINT DATE 09/30/2025 PRINT TIME 15:05:23 RECEIPT DATE 09/30/2025 OPERATOR lopers COPY # 1 RECEIVED BY TIFFANY CASH DRAWER: 02 REC`D. FROM BERNARD SUPERSTEIN NOTES ....... Adm Relief Application CUSTOMER ID ITEM PAYMENT -------------------------------------------------------------- 1.000 MISCELLANEOUS -PLAN NEWSPA 245.00 TOTAL 245.00 METHOD OF PAYMENT AMOUNT REFERENCE NUMBER ------------------ --------------- --------------------- CHECK 245.00 2280 --------------- TOTAL RECEIPT 245.00 APPLICATION 1 MONROE COUNTY PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT W Residential Permit Allocation (ROGO) Application (To Re,herts) Monroe County Land Development Code Section 138-19 2030 Comprehensive Plan Objective 101.6 Application Fee: $850.00 [MCC Section 138-25(h) nonrefundable feel (NOAPPLICATIONFEE FOR AFFORDABLE HOUSING) PRINT (sIIdGL&sIDED) AND ATTACH A COPY OF THE CURRENT RECORDED DEED AND A PROPERTY RECORD CARD (DATGD WITHIN FIVE DAYS OF SUBMITTAL). IF YOU HAVE QUESTIONS OR WISH TO MAKE AN APPOINTMENT TO DELIVER YOUR APPLICATION, PLEASE CALL THE OFFICE CLOSEST TO YOUR PROJECT. [Marathon: (305) 289-2500; Key Largo: (305) 453-8800] ONCE THIS APPLICATION IS ACCEPTED AND DEEMED COMPLETE, REVISIONS MAY BE MADE PURSUANT TO LAND DEVELOPMENT CODE SECTION 138-25. Owner(s) Name: Madeleine Superstein ph (W) (H) 305-865-3925 (Business/Corp/Entity Documents showing who is authorized to sign and documentation showing entity is current and active.) Mailing Address: 9000 Garland Ave City: Surfside State: FL Zip: 33154 Owner(s) Email Address: bsuperstein@gmail.com Agent's Name: Ph. (W) (H) (If Agent listed then Agent authorization REQUIRED for the ROGO Application from all property owners. If the Agent is Business/Corp. then documentation showing who is authorized to sign and entity is current and active.) Mailing Address: City: State: Zip: (If Agent mailing address is the same as owner then only one letter will be sent to the owner.) Agents(s) Email Address: 5 and 6 PROPERTY DESCRIPTION: Lot Block 29 Subdivision Cutthroat harbor Estates Key (island): Cudjoc Street: Capt Kidd Ifinetes and bounds, attach legal descriplion on separate steel. 00 18283 0-000000 and 00182840-000000 MM:23 RE; (Parcel]D) Unit T e (select I category): A) Unit Housing Unit or B) El Market Rate Residential U (select 1 category): �� 1) Commercial Apartment: 2) Dwelling Unit: 1' 1 3) Mobile Home: [1 4) others: II C71eck Yes or No. If yes, then attach the Yes ao ❑ The project is combining vacant legally platted lots or contiguous vacant parcels for aggregation for the voluntary reduction of density, for the retirement of development rights [see MCC Section 138-28(4) and Policy 101.6.4]. Please attach a copy of a proposed restrictive covenant, and unity of title, running in favor of and enforceable by the County. Include, if applicable, Affidavit of No Encumbrances, Joinder, and Entity Affidavit. For Aggregation points a lot/parcel must contain a minimum of 2,000 square feet of uplands. Please note a conservation easement may be required. Yesao [E] The property has an existing approved recorded aggregation and the property owner requests the current ROGO point values AND the proposes a .saperseding aggreeation? Please attach a copy of a proposed superseding restrictive covenant, and unity of title, running in favor of and enforceable by the County. Include, if applicable, Affidavit of No Encumbrances, Joinder, and Entity Affidavit. Yes�No� If parcels were previously aggregated because of ROGO criteria [see Policy 101.6.4 and Monroe County Code Section 138-28(a)(4)], then a subsequent ROGO allocation application will receive the same number of extra points originally assigned. Does the property have a previously recorded aggregation restriction? If yes, attach copy of recorded document(s). Pursuant to Policy 101.6.4 and Monroe County Code Section 138-28(a)(4). Please attach a copy of proposed unity of title, running in favor of and enforceable by the County. Please note a conservation easement may be required. (�4 7 Qv 2-3 Applicant to initial and date each pagi Application Number: ROGO Re -APPLICATION FORM REVISED 12.14.2021 20102503 Page 1 of 4 APPLICA I'IGIN [, The proposal includes dedication of vacant land pursuant to MCC Section 138-28(5) and Policy 101.6.4. Yes®No❑ Required attachments with this application are: 1) letter from the Biologist stating the property is dedicateable, 2) proof of ownership, including a copy of current Monroe County Property Record Card and a copy of the recorded deed showing you as the property owner, 3) complete copy of title insurance policy and current Opinion of Title, 4) proposed WARRANTY DEED(S) (Quit Claim Deeds will not be accepted), and 5) land dedications must be in the same ownership as the owner listed above unless the applicant has an approved land dedication certificate. List the RE/Parcel ID:'(s) of the land to be dedicated: The applicant(s) is/are requesting market rate housing points, pursuant to MCC Section 138-28(a)(6), YesEINo�✓,,, because the proposed unit is an integral part of employee or affordable housing project. � The applicant(s) is/are submitting monetary payment to the County's Land Acquisition Fund for the Yes[]No [Ej Purchase of County of land for conservation and retirement of development rights. Maximum of two whole points may be purchased. Each point is $35,658.76. Number points purchased and to be paid on date of this application submittal/acceptance by the Planning & Environmental Department with a Money Order or Cashiers Check. VACANT LAND: The proposed unit(s) will be affordable housing. Required: Please attach a copy of a YesEINo V current affordable housing approval from the Planning Department. MCC Section 138-24(c) and I39-2(a)6(e), "No affordable housing allocation shall be awarded to applicants located within a tier I designated area, within a V-zone on the county's flood insurance rating map, tier 11 or within a tier III -A (special protection area) if clearing is proposed for any portion of an upland native habitat" The proposed unit(s) is for the redevelopment of a lawfully existing ROGO exempt unit(s) which is Yes[INoE] proposing affordable housing as the replacement pursuant to MCC Sections I38-24 and 139-1(A)(6)C. Provision allows for an allocation award to Tier 1, Tier II, Tier III, and Tier 111-A for the redevelopment of lawfully existing ROGO exemption if the unit(s) meets the current Florid Building Code, is not a mobile home and is not in a V-zone on the county's flood insurance rating map. The proposed unit(s) will be affordable housing. Required: Please attach a copy 1) ROGO Exemption; and 2 Proposed Restriction; and 3 current affordable housing approval from the Planning Department. The submitted Building Permit Application and plans for the residential dwelling unit includes Energy and Water Conservation Points in accordance with the 2030 Monroe County Comprehensive Plan Policy 101.6.4 (10) to allocation applications on lands designated as Tier 111. REQUIRED: Answer: YES or NO in each box below. i/We are requesting the following points specified: Category Points Requested ❑ 3 points: Proposes a dwelling unit designed according to and certified to the ON, El standards of a sustainable building rating or national model green building code Yes ❑ 1 point: Dwelling unit includes installation of a permanent concrete cistern with a Yes []No R minimum capacity of 1,000 gallons. ❑ 2 points: Dwelling unit includes the installation of a gray water reuse system, the Yes[ --]No meeting requirements of the Florida Building Code. tn ] ❑ 1 point: Dwelling unit includes installation of a solar photovoltaic collection system, a minimum of 3KW in size or the equivalent in other renewable energy systems. Yes No `1 ❑ 0.5 points: Dwelling unit includes installation of one or both of the following technologies:* a. Ductless air conditioning system. Yesr7No b. High efficicnev chillers If points are applied the system(s) must be maintained for a minimum of five years from the C.O. Unless replace with a system that provides a functional equivalent or increased energy or water savings. it we unaerstana it the property is not on lands designated as Tier III or the requested point(s) are not reflected on the current Building Permit Application eligible to submit into ROGO or are not in compliance with the Energy and Water Conservation criteria the pints requested will not be assigned to this application. Is there a pending code enforcement proceeding involving all or a portion of the parcel proposed for development? ElYes ao Code Case file # Describe the enforcement proceedings and if this application is being submitted to correct the violation: I certify that 1) 1 have read and examined this application including attachments and know same to be true and correct; 2) All provisions of laws and ordinances governing this type of work are complied with whether specified herein or not, including the provision of Local, State, or Federal requirements regulating construction or the performance of construction; and 3) Time periods for County action set forth in Section 110-142 of the County Code are hereby waived. Applicant to initial and date each pagd'" r�. Ui pplication Number: ROGO Re -APPLICATION FO REVISED 12.14.2021 20102503 Page 2 of 4 C APPLICATION l Additionally, I understand an application for administrative relief may be submitted to the Planning & Environmental Resources Department as prescribed by the Director of Planning; however, an application for administrative relief may not be submitted before the conclusion of the sixteenth quarterly allocation period and no later than one hundred eighty days following the close of the sixteenth quarterly allocation period based on the current ROGO application. Furthermore, I acknowledge if the property is sold the rights to the ROGO Application and/or Administrative Relief Application will automatically transfer to the new property owner of record. The records for notification will only be updated after the new property owner(s) submits a copy of the recorded deed. Please note if the ROGO Application includes aggregation, land dedication, or affordable housing, documentation will need to be submitted by the new property owner(s) to show the basis of the scoring of the ROGO Application has not changed. Otherwise, if the basis of the ROGO Application scoring has changed then the ROGO Application will automatically be withdrawn once the Department is aware of the change. IT IS THE RESPONSIBILITY OF THE NEW PROPERTY OWNER TO UPDATE ALL CONTACT INFORMATION. Note, after 3 unsuccessful attempts to notify the applicant of record on the ROGO Application via certified mail, any allocation award shall expire. APPLICANTS ON BIG PINE Key & NO NAME KEY ONLY: I understand there is a mitigation requirement for new residences, non-residential floor area and institutional uses on Big Pine Key &No Name Key in order to ensure that development bears its fair share of the required mitigation under the Federal Incidental Take Permit (ITP). Prior to the permit issuance all mitigation requirements shall be satisfied according to the ITP for each H value impacted by the proposed development in accordance with the three to one H mitigation ratio in the Habitat Conservation Plan. Pursuant to Section 122-8 of the Land Development Code, development that occurs within areas designated as "Species Focus Areas (SFAs)" or "Species Buffer Areas (SBAs)" within unincorporated Monroe County will be reviewed pursuant to the "Permit Referral Process" to ensure compliance with the Federal Endangered Species Act (ESA). Note: Properties requiring FWS technical assistance who receive an allocation award pursuant to Monroe County will be issued an allocation pursuant to Monroe County Code Chapter 138. Some applicants may or may not obtain the required FWS technical assistance prior to the expiration of the allocation award and/or permit. If the allocation award/permit expires the property would be subject to the process again. Please be advised that the Development Administrator will review the submitted ROGO Application for completeness pursuant to LDC Section 138-25(b). If the application is determined to be incomplete, the Development Administrator shall reject the ROGO application and provide a written notice to the applicant specifying the application's deficiencies. No further action on the application will take place unless the deficiencies are remedied. The application shall be assigned a controlling date that reflects the time and date of its submittal unless the application is determined to be incomplete. Please note, if the application is rejected, then the new controlling date shall be assigned when a complete application is submitted. I, the Applicant, certify that I am familiar with the information contained in this application, and that to the best of my wl dge uch info �tion is trWoniplete and accurate. Signature of Applicant: > '�,.. Date:��J STATE OF F(C t Q COUNTY OF Sworn to and subscribed before me, by means oVEr physical presence or © online notarization this day of , 20�, by_ 1.cl �ezl4Q 91. (PRINT NAME OF PERSON MAKINGSTATEMENT) who is perso o n to me OR produced L 0 L . as identification. ",AV ZYPE OF tD Pt�pDuC�p ) or . lilBelfaHeiilandez S' r f ry Public State of Florida �., My Commission Expires 10/10/2023 �p Se � °" �` Caminisslart t>!o. GG 921850 PType rStampCommisiionedNameofNotaryP ie Tyi co ssion expires: TO BE COMPLETED BY STAFF- MCC Section 138-25(i)(1) "An applicant may elect to revise a ROGO application to increase the competitive points in the application without prejudice or change in the controlling date if a revision is submitted on a form approved by the planning director to the planning and environmental resources department no later than 30 days following the planning commission approval of the previous ROGO rankings. Any such revision shall not involve changes to the approved building permit application. All other applications that are withdrawn and resubmitted that do not increase the competitive points or involve revisions to the approved building permit application shall be considered new, requiring payment of appropriate fees and receiving a new controlling date." A. ROGO Application is being revised to increase points within 30 days following the Planning Commission approval of the previous ROGO rankings and applicant made no revisions to the building permit application? Yes: _ No: _ If yes, then the application fee is waived and staff is to indicate Controlling Date of previous application: Last Controlling DATE: �1161191 and TIME: G4 _ of last RQGO Application No. 40116Qt g 3�submitted; or B. ROGO Application was withdrawn to decrease points, revise building permit application and/or the revision was more than 30 days after the previous ROGO rankings then the application requires a new fee and receives a new controlling date: NEW Controlling DATE: PERMIT # C. Perseverance for this Quarter; _Yes _No Applicant to initial and date each page pation Number: 20102503 ROGO Re -APPLICATION FORM VISED 12.14.2021 Page 3 of 4 ' APPLICATION -. All of the following mast be submitted in order to have a complete application stutttal: (Please check as you attach each required item to the application) ❑ Complete application (single -sided, unaltered and unbound) ❑ Correct fee and verify check is current(check or money order to Monroe County Planning & Environmental Resources) ❑ Current Monroe County Property Record Card(s) and ❑ Copy or current recorded deed(s) (i.e. Warranty Deed) ❑ Copy of Letter of Understanding, Conditional Use approval, Commercial Apt. Restriction (if applicable) If applicable, the following must be submitted in order to have a complete application submittal: ❑ Notarized Agent Authorization Letter (note: authorization is needed from all owner(s) of the subject property) ❑ BusinesslCorp/Entity Documents showing who is authorized to sign and documentation showing entity is current and active. ❑ Trust Ownership documentation showing who is authorized to sign. ❑ Parcels previously Aggregated: If parcels were previously aggregated because of ROGO criteria, then a subsequent ROGO allocation application will receive the same number of extra points originally assigned. Required attachments: 1) Copy of previous Lot Aggregation Restrictive Covenant; and 2) Proposed Unity of Title; and 3) If applicable include Affidavit of No Encumbrances, Joinder, and Entity Affidavit, et ceteria. ❑ Aggregation (combining vacant legally platted lots or contiguous vacant parcels for aggregation for the voluntary reduction of density, for the retirement of development rights). Required attachments: 1) Proposed Aggregation Restrictive Covenant or Super -ceding Aggregation Restrictive Covenant; and 2) Proposed Unity. of Title; and 3) If applicable include Affidavit of No Encumbrances, Joinder, and Entity Affidavit, et ceteria. ❑ Land Dedication: Required attachments: 1) Letter from the Biologist stating the property is dedicateable; and 2) Proof of ownership, including a copy of current Monroe County Property Record Card and a copy of the recorded deed showing you as the property owner; and 3) Complete copy of title insurance policy and current Opinion of Title; and 4) Proposed WARRANTY DEED(S) (Quit Claim Deeds will not be accepted); and 5) Land dedications must be in the same ownership as the owner listed above unless the applicant has an approved land dedication certificate; and 6) If applicable include Entity Affidavit, et ceteria ❑ Monetary Payment to the County's Land Acquisition Fund for a maximum of Point 2: Money Order or Cashiers Check ❑ Affordable Housing/Employee Housing: 1) Attach copy of current affordable housing approval; 2) Proposed Affordable Housing Restriction; and 3) If applicable include Affidavit of No Encumbrances, Joinder, and Entity Affidavit, et ceteria ❑ Re -development of a lawfully existing ROGO Exempt Unit as Affordable Housing/Employee Housing: 1) Attach ROGO Exemption; 2) Attach copy of current affordable housing approval; 3) Proposed Affordable Housing Restriction; and 4) If applicable include Affidavit of No Encumbrances, Joinder, and Entity Affidavit, et ceteria ❑ Energy and Water Conservation Points: Available if property only located in Tier III. The following requested point are on the submitted Building Permit Application Plans: ❑ The proposed dwelling unit is designed to and certified to standards of sustainable building rating or national model green building code. Sustainable Building Rating or National Model Green Building Code weans a rating ,system established by the United States Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED) rating system, the International Green Construction Code (IGCC), the Green Building Initiative's Green Globes rating system, the Florida Green Building Coalition standards, or a nationally recognized, high -per ormance green building rating system as approved by the department. ❑ The proposed dwelling unit includes installation of a permanent concrete cistern with a minimum capacity of 1,000 gallons. ❑ The proposed dwelling unit includes the installation of a gray water reuse system, meeting the requirements of the Florida Building Code. Gray water reuse mean reusing wastewater from residential, commercial and industrial bathroom sinks, bath tub shower drains, and clothes washing equipment drains for reuse onsite, typically for toilet flushing. ❑ The proposed dwelling unit includes installation of a solar photovoltaic collection system, a minimum of 3KW in size or the equivalent in other renewable energy systems. ❑ The proposed dwelling unit includes installation of one or both of the following technologies:* a. Ductless air conditioning system. Ductless air conditioning means a system used to cool a structure that does not require duct work and consists of two separate components: an outdoor condenser, and an indoor evaporator (does not include a window air conditioner which is self-contained, or one piece). b. High efficiency chillers If deemed necessary to complete a full review of the application, the Planning & Environmental Resources Department t reserves the right to request additional Information. Applicant to initial and date each page""�'�f , implication Number: ROGO Re -APPLICATION FOORREVISED 12.14.2021 20102503 Page 4 of 4 Prepared by/Return to: Wolfe Stevens PLLC 6807 Overseas Highway Marathon Florida 33050 Parcel I.D. Numbers: 00182830-000000 00182840-000000 ----------------------------------Space Above This Line For Recording ---------- MONROE COUNTY, FLORIDA COVENANT OF UNITY OF TITLE THIS UNITY OF TITLE SHALL BE INCORPORATED .IN WHOLE AND REFERENCED BY BOOK AND PAGE NUMBER AND DOCUMENT NUMBER ON ALL TRANSFERS OF THE BELOW DESCRIBED REAL PROPERTY. 1. WHEREAS, this Unity of Title is granted this 74— day of 0, 2023 by Madeleine Superstein (hereinafter "Grantor(s)"), to Monroe County, a political subdivision of the State of Florida (hereinafter "Grantee"), whose address is 1100 Simonton Street, Key West, Florida 33040; and 2. WHEREAS, the undersigned Grantor(s), is/are the sole fee simple title owner(s) of the certain below -described real property (hereinafter "Servient Estate Property") located in Monroe County, Florida, having a legal description as follows and which is shown on attached Exhibit "A," which is hereby incorporated as if fully stated herein: Parcel Address: 22931 Capt Kidd Lane and Vacant Land Capt Kid Lane, Cudjoe Key FL 33042 Approximate Mile Marker: 21 Parcel(s)/Lot(s): 5 and 6 BIock: 29 Subdivision: Cutthroat Harbor Estates Key: Cudjoe Plat Book: 4 Page: _165 Real Estate Number(s): 00182830-000000 and 00182840-000000; and 3. WHEREAS, Grantee is a general purpose political subdivision of the State of Florida and is authorized to regulate and control the use of real property through the Monroe County Comprehensive Plan and the Monroe County Code(s) in order to protect the public health, safety, and welfare; an C C 4. WHEREAS, the servient estate property is subject to the jurisdiction and requirements of the Monroe Comprehensive Plan and the Monroe County Code(s); and 5. WHEREAS, Monroe County Comprehensive Plan Policy 101.6.4 (2017) and Monroe County Code § 138 (2017) require(s) this Unity of Title; and 6. WHEREAS, this Unity of Title is located on the above legally described servient estate property; and 7. WHEREAS, Grantor(s) hereby attest(s) his/her/its/their recognition that this Unity of Title does not allow the servient estate property to be divided into separate parcels owned by multiple owners; and 8. WHEREAS, Grantor(s) hereby attest(s) his/her/its/their recognition that the servient estate property shall hereafter exclusively be considered as one parcel of land, and that no portion of said parcel of land may hereafter be sold, transferred, devised, or assigned separately, except in its entirety as one parcel of land; and 9. WHEREAS, the consent of all mortgagee(s) and holder(s) of any and all other encumbrance(s) of or otherwise upon the servient estate property is attached as Exhibit(s) " " and " ." If no such consent is attached hereto, the undersigned Grantor(s) and the personal representative(s), heir(s), assign(s), and successor(s) in title of the undersigned Grantor(s), hereby attest(s) to Grantee that no such mortgage(s) and that no such other encumbrance(s) exist(s); and 10. WHEREAS, this Unity of Title is granted in consideration of and in furtherance of approval of a new Monroe County ROGO permit allocation application number 20102503 entering the ROGO permit allocation system after July13, 2016; and 11. WHEREAS, the undersigned Grantor(s) and Grantee hereby attest that such County consideration and approval(s) was/were issued pursuant to this Unity of Title, and that this Unity of Title is supported by good and valuable consideration; and 12. WHEREAS, this Unity of Title does not discharge, exempt, waive, or otherwise release the undersigned Grantor(s), tenant(s) thereto, the personal representative(s), heir(s), assign(s), and successor(s) in title of the undersigned Grantor(s), or tenant(s) thereto, from their duty to obtain required federal, state, County, and local approvaI(s) for any future construction of structures or establishment of uses upon the servient estate property; and 13. WHEREAS, this Unity of Title does not discharge, exempt, waive, or otherwise release the undersigned Grantor(s), tenant(s) thereto, the personal representative(s), heir(s), assign(s), and successor(s) in title of the undersigned Grantor(s), or tenant(s) thereto, from their duty to comply with any additional requirements based upon the Florida Building Code and/or floodplain design requirements; and 14. NOW, THEREFORE, as an inducement to Grantee for and in consideration of Grantee's issuance of the aforesaid consideration and approval(s), together with other good and valuable consideration, the adequacy, sufficiency, and receipt of which are hereby expressly C acknowledged and attested to, the undersigned Grantor(s) hereby grants, creates, and establishes a Covenant of Unity of Title for and in favor of Grantee upon the above legally described servient estate property which shall run with the land and be binding upon the undersigned Grantor(s), tenant(s) thereto, the personal representative(s), heir(s), assign(s), and successor(s) in title of the undersigned Grantor(s), and tenant(s) thereto, and shall remain in full force and effect forever, and Grantor(s) declare(s) and grant(s) as follows: 1) The foregoing recitals are true and correct and are hereby incorporated as if fully stated herein; and 2) This Unity of Title does not allow the servient estate property to be divided into separate parcels owned by multiple owners; and 3) The servient estate property shall hereafter exclusively be considered as one parcel of land, and that no portion of said parcel of land may hereafter be sold, transferred, devised, or assigned separately, except in its entirety as one parcel of land; and 4) The undersigned Grantor(s) hereby covenant(s) with Grantee that Grantor(s) is/are lawfully seized of the servient estate property in fee simple free and clear of all encumbrances that are inconsistent with the terms of and exhibits attached to this Unity of Title, and fully attest(s), warrant(s), and defend(s) the title to and interest in the Unity of Title hereby conveyed against the lawful claims of all persons whomsoever; and 5) This Unity of Title is intended to benefit, run with the land in favor of, and shall inure to Grantee Monroe County, Florida; and 6) This Unity of Title constitutes a real property interest immediately vested in Grantee; and 7) The undersigned Grantor(s), and the personal representative(s), heir(s), assign(s), and successor(s) in title of the undersigned Grantor(s), shall pay all taxes, assessments, fees, and charges of whatever description levied upon or assessed by competent authority on the servient estate property therein before delinquency, shall keep such levies and assessments current, and shall not allow any lien(s) on the servient estate property superior to this Unity of Title. In the event of failure to so disallow such lien(s), to extinguish such lien(s), and/or to obtain subordination of such lien(s) to this Unity of Title, in addition to any other remedy, the damage(s) and/or debt(s) owed to Grantee shall constitute a lien against the servient estate property which shall automatically relate back to the recording date of this Unity of Title; and 8) Construction and Inter rotation. The construction and interpretation of such, and all other, Monroe County Comprehensive Plan provision(s) and Monroe County Code(s) provision(s) shall be deferred in favor of Grantee and such construction and interpretation shall be entitled to great weight on trial and on appeal; and 9) Recordation Amendment Modification or Release. A. The servient estate property cannot be subdivided, re -subdivided, platted, re - platted, or conveyed as separate parcels or transferred as separate parcels unless Grantee agrees, consents, and joins in writing thereto, and any such subdivision, re -subdivision, r (7 platting, re -platting, or conveyance as separate parcels or transference as separate parcels, in order to be valid and binding upon Grantee, must be executed in writing by both Grantee and the undersigned Grantor(s); and B. The undersigned Grantor(s) hereby agree(s) to and shall file this Unity of Title together with all appropriate and required Joinder(s) with the Clerk of the Circuit Court of Monroe County, and shall record this Unity of Title together with all appropriate and required Joinder(s) in the Official Records of Monroe County, Florida, and shall re -file and re-record these at any time Grantee may require to preserve its (Grantee's) rights, and the undersigned Grantor(s) shall solely pay any and all costs and expenses associated with such filing(s), re-filing(s), recordation(s), and re-recordation(s); and C. No amendment or modification to this Unity of Title is effective unless Grantee agrees, consents, and joins in writing thereto, and any amendment or modification to this Unity of Title must be executed in writing by both Grantee and the undersigned Grantor(s); and D. The undersigned Grantor(s) shall file any such amendment or modification to this Unity of Title together with all appropriate and required Joinder(s) with the Clerk of the Circuit Court of Monroe County and shall record any such amendment or modification to this Unity of Title together with all appropriate and required Joinder(s) in the Official Records of Monroe County, Florida; and E. The undersigned Grantor(s) shall solely pay any and all costs and expenses associated with the filing and recordation of any such amendment(s) or modification(s); and F. This Unity of Title may not be rescinded, voided, or released unless and until the Monroe County Board of County Commissioners (hereinafter "BOCC") approves such rescission, voidance, or release by BOCC Resolution; and 10) Subsequent Reference Requirement. A. The undersigned Grantor(s), tenant(s) thereto, the personal representative(s), heir(s), assign(s), and successor(s) in title of the undersigned Grantor(s), and tenant(s) thereto, hereby agree(s) to and shall submit a copy of this filed and recorded Unity of Title together with (simultaneously in date and time with) all future development applications relating to the servient estate property. Such submission by the undersigned Grantor(s), tenant(s) thereto, the personal representative(s), heir(s), assign(s), and successor(s) in title of the undersigned Grantor(s), and tenant(s) thereto, shall be to the agency(ies), department(s), and office(s) in receipt of or otherwise receiving such development application(s). This requirement is non-exclusive to Monroe County agencies, departments, and offices, and is to be construed as inclusive of all reviewing federal, state, Monroe County, and local agencies, departments, and offices in receipt of or otherwise receiving such development application(s), such that the undersigned Grantor(s), tenant(s) thereto, the personal representative(s), heir(s), assign(s), and r r successor(s) in title of the undersigned Grantor(s), and tenant(s) thereto, must so simultaneously furnish a copy of this filed and recorded Unity of Title to any and all federal, state, Monroe County, and local agencies, departments, and offices in receipt of or otherwise receiving such development application(s); and B. The undersigned Grantor(s), tenant(s) thereto, the personal representative(s), heir(s), assign(s), and successor(s) in title of the undersigned Grantor(s), and tenant(s) thereto, shall reference this Unity of Title and all previously executed and recorded restrictions in any future instrument conveying title to or an interest in the servient estate property, including the recording book and page number(s) and document number(s) of this Unity of Title and all previously executed and recorded restrictions; and C. The undersigned Grantor(s), tenant(s) thereto, the personal representative(s), heir(s), assign(s), and successor(s) in title of the undersigned Grantor(s), and tenant(s) thereto, shall insert the terms and restrictions of this Unity of Title into any subsequent deed or other legal instrument by which he/she/it/they divest(s) himself/herself/itself/themselves(s) of any title to or interest in the servient estate property; and 11) Joint -and -Several Liability. If the undersigned Grantor(s), tenant(s) thereto, the personal representative(s), heir(s), assign(s), and successor(s) in title of the undersigned Grantor(s), tenant(s)thereto, or any other non -County natural person(s) or legal person(s) are party(ies) to any suit, action, or proceeding, in law or in equity, initiated, cross -initiated, counter initiated, or filed by the County to enforce any provision(s), restriction(s), or term(s) contained herein, and consist(s) of more than one person(s) or entity(ies), such person(s) and entity(ies) shall be jointly and severally liable; and 12) Non -Assignability. This Unity of Title shall not be assignable by the undersigned Grantor(s), tenant(s) thereto, the personal representative(s), heir(s), assign(s), or successor(s) in title of the undersigned Grantor(s), tenant(s) thereto, or any other non -County party with title to or an interest in the servient estate property, unless such assignment is first approved by Monroe County BOCC Resolution; and 13) Notice and Service of Process. A. Notice - To Grantee. All notices, consents, approvals, or other communications to Grantee hereunder shall be in writing and shall be deemed properly served if sent by U.S. Postal Service Certified Mail, return receipt requested, in the following form and address: Madeleine Superstein 9000 Garland Ave Surfside, FL 33154 r Monroe County Planning & Environmental Resources Department Attn: Senior Director Subject: Unity of Title 2798 Overseas Highway Marathon, FL 33050. And with a copy to: Monroe County Attorney's Office Subject: Unity of Title 1111 12th Street, Suite 408 Key West, FL 33040 14) Dispute Resolution - Meet -and -Confer Prerequisite. The undersigned Grantor(s), tenant(s) thereto, the personal representative(s), heir(s), assign(s), or successor(s) in title of the undersigned Grantor(s), and tenant(s) thereto, hereby agree(s) that as a first condition precedent to his/her/its/their initiation of litigation or adversarial administrative proceedings against the County in the form of a suit or action arising out of, related to, or in connection with this Unity of Title, shall first, prior to the initiation of such suit or action, attempt to resolve their dispute(s) and disagreement(s) by a meet -and -confer session between himself/herself/itself/themselves and Monroe County Planning & Environmental Resources Department staff and counsel to the Monroe County Planning & Environmental Resources Department. If no resolution can be agreed upon within thirty (30) days after the occurrence of the aforesaid meet -and- confer session, such issue(s) shall next (second), as a second condition precedent to the initiation of such suit or action, be discussed at a public meeting of the Monroe County BOCC occurring in the same geographic sub -area as the geographic location of such Unity of Title (i.e., Upper Keys - Key Largo, Middle Keys - Marathon, Lower Keys - Key West). The undersigned Grantor(s), tenant(s) thereto, the personal representative(s), heir(s), assign(s), or successor(s) in title of the undersigned Grantor(s), and tenant(s) thereto, hereby agree(s) that in the event he/she/it/they so initiate such suit or action without satisfying both of these conditions precedent to their initiation of litigation or adversarial administrative proceedings against the County, that the County shall be automatically entitled to an Order granting Grantee's Motion to Dismiss and Florida Statute §57.105 (2015) Motion for Sanctions and Attorney's Fee (or, at Grantee's election (if applicable), their Florida statutory equivalent(s), Federal equivalent(s), or non -Florida legal equivalent(s)); and 15) Limitation of LiabilitV. A. In the event of any litigation concerning the conditions, provisions, restrictions, or terms of this Unity of Title, Grantee, the undersigned Grantor(s), tenant(s) thereto, the personal representative(s), heir(s), assign(s), and successor(s) in title of the undersigned Grantor(s), and tenant(s) thereto, hereby agree to expressly waive and shall be treated as having expressly waived their right to a jury trial; and B. The undersigned Grantor(s), tenant(s) thereto, the personal representative(s), heir(s), assign(s), or successor(s) in title of the undersigned Grantor(s), and tenant(s) C C. thereto, hereby agree(s) that no charge(s) or claim(s) shall be made by it for any delay(s) or hindrance(s) attributable to the County during the progress of any portion of or during the effective date of this Unity of Title; and C. No Waiver. Grantee shall not be deemed to have waived any rights under this Unity of Title unless such waiver has been given, within this instrument both expressly and specifically; and D. No Personal Liability. The County expressly reserves and in no way shall be deemed to have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign, governmental, and any other similar defense, immunity, exemption, or protection against any suit, cause -of -action, demand, or liability. Further, no covenant, provision, or term of this Unity of Title shall be deemed to be a covenant or agreement of any officer, employee, or agent of the County in his or her individual capacity, and no officer, employee, or agent of the County shall be liable personally in this Unity of Title or be subject to any personal liability or accountability by reason of the execution of this Unity of Title; and E. Non -Reliance by Third -Parties. No person(s) or entity(ies) shall be entitled to rely upon the terms, or any of them, of this Unity of Title to enforce or attempt to enforce any third -party claim(s) or entitlement(s) to or benefit(s) of any service(s), term(s), or program(s) contemplated hereunder; and 16) Enforcement. A. Default Notice. In the event of breach or violation of the restrictions or terms hereof by Grantor(s), tenant(s) thereto, the personal representative(s), heir(s), assign(s), or successor(s) in title of the undersigned Grantor(s), or tenant(s) thereto, Grantee shall provide written "Notice of Default" or "Notice of Violation" to such defaulting party(ies), and such defaulting party(ies) shall have the right to cure such breach(es) or violation(s) within thirty (30) days of receiving notice of such breach(es) or violation(s); and B. Grantor(s) Breach or Violation. 1. Uncured breach(es) or violation(s), by the undersigned Grantor(s), tenant(s) thereto, the personal representative(s), heir(s), assign(s), or successor(s) in title of the undersigned Grantor(s), or tenant(s) thereto, of the terms of and restrictions imposed by this Unity of Title shall, without any additional notice beyond this Unity of Title's recordation, entitle Grantee to immediately suspend and/or rescind, without liability to Grantee, development applications, pending permits, approvals, and inspections, and issued development order(s) contingent upon the effectiveness of this Unity of Title and Grantor(s') compliance thereto, the compliance of tenant(s) thereto, the compliance of the personal representative(s), heir(s), assign(s), or successor(s) in title of the undersigned Grantor(s) thereto, and the compliance of tenant(s) thereto, with the terms of this 60d Unity of Title, applied for or issued for work to be undertaken at or upon the servient estate property, except for those permits, approvals, and/or inspections necessary to cure such breach(es) or violation(s). Such uncured breach(es) or violation(s) shall be presumed to constitute breach(es) or violation(s) that is/are irreparable or irreversible in nature; and 2. In the event of any suit, action, or proceeding, in law or in equity, by the County to enforce the restrictions or terms contained herein, if the County prevails in any such suit, action, or proceeding, on trial or appeal, the County shall be entitled to reasonable attorney's fees, including trial, appellate, bankruptcy, and post judgment costs and collection proceedings for the maintenance or defense of any such suit, action, or proceeding, to be paid by the losing party(ies) as fixed by the court. Any judgment so rendered in favor of the County in connection with any suit, action, or proceeding arising out of, related to, or in connection with this Unity of Title, shall bear interest at the highest rate allowed by law. The County may recover reasonable legal and professional fees attributable to the preparation, administration, and enforcement of such suit, action, or proceeding, from any person(s) and/or entity(ies) from or to whom a demand or enforcement request is made, regardless of actual initiation of a suit, action, or proceeding. These remedies are in addition to any other remedy, fine, or penalty which may be applicable under, including, but not limited to, Chapters 162, 373, and 403, Florida Statutes, and any other action at law or in equity. Grantee hereby agrees and the undersigned Grantor(s), tenant(s) thereto, the personal representative(s), heir(s), assign(s), and successor(s) in title of the undersigned Grantor(s), and tenant(s) thereto, hereby agree that suits, actions, and proceedings arising out of, related to, or in connection with this Unity of Title are not subject to arbitration, and that mediation proceedings initiated and conducted that arise out of, relate to, or are in connection with this Unity of Title shall be in accordance with the Florida Rules of Civil Procedure; and 3. Cumulative Remedies. In the event of any breach or violation of the restrictions or terms contained herein, Grantee shall, without liability to Grantee, have the right to proceed at law or in equity as may be necessary to enforce compliance with the restrictions or terms hereof, to enjoin activities, construction, maintenance, practices, repairs, and uses inconsistent with the restrictions or terms hereof, and to otherwise prevent the breach or violation of any of them, to collect damages, and both authorized and entitled to enforce this Unity of Title by emergency, preliminary, and permanent injunction, including by ex parte motion and action for such injunction(s), it being hereby expressly and specifically agreed that Grantee has no adequate remedy at law, or such other legal method as Grantee deems appropriate. All rights and remedies accruing to the County shall be assignable in whole or in part and be cumulative; that is, the County may pursue such rights and remedies as the law and this Unity of Title afford it in whatever order the County desires and the law permits. The County's resort to r any one law(s) and/or remedy(ies) in advance of any other shall not result in waiver or compromise of any other law(s) and/or remedy(ies). The undersigned Grantor(s), tenant(s) thereto, the personal representative(s), heir(s), assign(s), or successor(s) in title of the undersigned Grantor(s), and tenant(s) thereto, hereby agree(s) to and shall pay for all costs associated with Grantee's enforcement action(s); and 4. Failure of the undersigned Grantor(s), tenant(s) thereto, the personal representative(s), heir(s), assign(s), or successor(s) in title of the undersigned Grantor(s), or tenant(s) thereto, to comply with or perform any act required by or under this Unity of Title shall not impair the validity of this Unity of Title or the conditions, provisions, reservations, restrictions, rights, or terms hereof or limit their enforceability in any way; and 5. Enforcement of the conditions, provisions, restrictions, and terms of this Unity of Title shall be at the discretion of the Grantee. Grantee's delay or failure to enforce or omission in the exercise of any condition, provision, reservation, restriction, right, or term contained herein, however long continued, shall not be deemed a waiver or estoppel of the right to do so thereafter as to any violation or breach. No Grantee waiver of a breach of any of the condition(s), provision(s), reservation(s), restriction(s), right(s), or term(s) hereof, shall be construed to be a waiver of any succeeding breach of the same condition(s), provision(s), reservation(s), restriction(s), right(s), or term(s) hereof; and 17) Miscellaneous. A. Duty to Cooperate. Where required under this Unity of Title or related agreement(s), the undersigned Grantor(s), tenant(s) thereto, the personal representative(s), heir(s), assign(s), and successor(s) in title of the undersigned Grantor(s), and tenant(s) thereto, shall, to ensure the implementation of the government purpose furthered by this Unity of Title, cooperate with Grantee's reasonable requests submitted to Grantor(s), tenant(s) thereto, Grantor(s') personal representative(s), heir(s), assign(s), and successor(s) in title, and tenant(s) thereto, regarding the terms and conditions contained herein; and 18) Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If any condition, provision, reservation, restriction, right, or term of this Unity of Title, or any portion(s) thereof, is/are held to be invalid or unenforceable in or by any administrative hearing officer or court of competent jurisdiction, the invalidity or unenforceability of such condition, provision, reservation, restriction, right, term, or any portion(s) thereof, shall neither limit nor impair the operation, enforceability, or validity of any other condition, provision, reservation, restriction, right, term, or any remaining portion(s) thereof. All such other conditions, provisions, reservations, restrictions, rights, terms, and remaining portion(s) thereof shall continue unimpaired in full force and effect; and C C 19) Captions and Paragraph Headings., Captions and paragraph headings, where used herein, are inserted for convenience only and are not intended to descriptively limit the scope and intent of the particular paragraph or text to which they refer; and 20) No Encumbrances. The undersigned Grantor(s), tenant(s) thereto, the personal representative(s), heir(s), assign(s), and successor(s) in title of the undersigned Grantor(s), and tenant(s) thereto, represent(s) and warrant(s) that, to his/her/its/their knowledge, there are no superior encumbrances or material claims, causes -of -action, or other proceedings pending or threatened in respect to the ownership, operation, or environmental condition(s) of the above legally described property that may, shall, or will diminish, extinguish, interrupt, or subordinate the effectiveness or operation of this Unity of Title's provision(s), restriction(s), right(s), and term(s) running in favor of Grantee Monroe County, Florida; and 21) Governing Laws/Venue. This Unity of Title is and the construction and enforcement of the restrictions, terms, and obligations established therefrom are governed by the Monroe County Comprehensive Plan and the Monroe County Code(s), and shall be liberally construed and enforced in favor of the grant to effectuate the public purpose of this Unity of Title and the policy(ies) and purpose(s) of the Monroe County Comprehensive Plan and the Monroe County Code(s). Exclusive venue for any dispute arising from or under, relating to, or in connection with this Unity of Title shall be in the Sixteenth Judicial Circuit in and for Monroe County, Florida; and 22) Authority to Attest. Each parry to this Unity of Title represents and warrants to the other that the execution, delivery, and performance of this Unity of Title has been duly authorized by all necessary corporate and other organizational action, as required; and 23) Integration/Merger. This Covenant of Unity of Title constitutes the entire Covenant of Unity of Title and any representation or understanding of any kind preceding the date of this Unity of Title's execution or recordation is not binding on the Grantee or the undersigned Grantor(s) except to the extent it has been incorporated into this Unity of Title; and 24) Effective Date. This Unity of Title will become effective upon recordation in the Official Records of Monroe County, Florida; and 25. TO HAVE AND HOLD UNTO GRANTEE FOREVER. [The remainder of this page has been intentionally left blank.] EXECUTED ON THIS __:��day of WITNESSES Witness ATE OF FLORIDA COUNTY OFl- 2023. OWNER-GRANTOR Madeleine Superstein The foregoing instrument, Monroe Cop - Covenant of Unity of Title, was sworn to, acknowledged; and subscri ed before me by means of _ physical presence or _ online notarization this _day of 2023 by Madeleine Superstein who are personally known to me or who have pro aced a Q driver license as identification. Giselle Hernandez = State of Florida My Comm'isslon Expires 10/1W023 a Commission No. Gq 921950 Notary Public Seal Notary Public {Print Name and Notary )' -;2e7 Notary li g i�ture) C C MONROE COUNTY, FLORIDA ACCEPTANCE OF UNITY OF TITLE In Witness Whereof, Grantee accepts the Covenant of Unity of Title granted above and executes this instrument the date set forth below. WITNESSES Witness Witness STATE OF FLORIDA COUNTY OF MONROE GRANTEE, Monroe County, Florida: By: Senior Director, Monroe County Planning and Environmental Resources The foregoing instrument was acknowledged before me by means of __.. physical presence or online notarization this day of 2023 by Senior Director of the Monroe County Florida Planning and Environmental Resources Department who is personally known to me or who have produced a driver license as identification. Sworn and subscribed to me this day. of , 2022. [NOTARY SEAL] as Notary Public (Print Name and Notary No.) Notary Public (Signature) Exhibit A Lots 5 and 6, Block 29, CUTTHROAT HARBOR ESTATES, according to the Plat thereof as recorded in Plat Book 4, Page165 of the Public Records of Monroe County, Florida. A Prepared by/Return to: Wolfe Stevens PLLC 5800 Overseas Highway, Suite 3 Marathon Florida 33050 Parcel I.D. Numbers: 00182830-000000 00182840-000000 ------------- - - - - -- Space Above This Line For Recording ----^-------------- AGGREGATION RESTRICTIVE COVENANT THIS RESTRICTION SHALL BE INCORPORATED IN WHOLE AND REFERENCED BY BOOK AND PAGE NUMBER AND DOCUMENT NUMBER ON ALL TRANSFERS OF THE BELOW DESCRIBED REAL PROPERTY. 1. WHEREAS, Madeleine Superstein, the undersigned is the sole owners of the following described real property located in Monroe County, Florida described as follows ("Property"): Parcel Address: 22931 Ca t Kidd Lane and Vacant Land Ca t Kid Lane Cud'oe Key FL 33042 Approximate Mile Marker: 21 Parcel(s)ILot(s): 5 and 6 Block: 29 Subdivision: Cutthroat Harbor Estates Key: Cudjoe Plat Book: 4 Page: 165 Real EstateNumber(s): 00182830-000000 and 00182840-000000•and 2. WHEREAS, this Aggregation Restrictive Covenant restricts the use of the above legally described Property in order to receive a building permit; and 3. WHEREAS, the above described Property was assigned additional points in the Permit Allocation System for a building permit application, Permit Number: 20102503, for the voluntary reduction of density, for the retirement of development rights through aggregation of parcels and for the purpose of retirement of development rights through aggregation of legally platted, buildable lots. 4. NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the undersigned agree as follows: C The foregoing recitals are true and correct and subject to the following terms and conditions: 1. Restriction. A. Monroe County hereby imposes on the Property the following restriction: The above described parcels shall be aggregated and shall have their respective density voluntarily reduced to one (1) residential building unit allocation in consideration of a building permit to build a single-family residence on; and B. The undersigned, or, if applicable, the personal representative, heir, assign, or successor in title of the undersigned, hereby warrants that this Aggregation Restrictive Covenant is supported by adequate consideration; and 2. Term. A. The restrictions herein shall be binding upon the undersigned and the personal representatives, heirs, assigns and successors in title of the undersigned; it being the intention of the undersigned by execution and recording of this document that this restriction shall run with the land and shall be forever binding upon the undersigned and the personal representatives, heirs, assigns, and successors in title of the undersigned; and B. This covenant is intended to benefit and run in favor of the County of Monroe; and C. The undersigned and all personal representatives, heirs, assigns, and successors in title of the undersigned shall and hereby agree(s) to reference this Aggregation Restrictive Covenant and all previously executed and recorded restrictions in any future instrument conveying title to or an interest in the Property, including the recording book and page numbers and document number of this restriction and all previously executed and recorded restrictions; and 3. Recordation. A. The undersigned, or, if applicable, the personal representative, heir, assign, or successor in title of the undersigned, shall and hereby agree(s) to record this Aggregation Restrictive Covenant together with all appropriate and required Joinder(s) and/or Affidavit(s) of No Encumbrances with the Clerk of the Circuit Court of Monroe County within thirty (30) business days of the date on which the Monroe County Planning and Environmental Resources Department -issued allocation letter containing the original, to -be -recorded, Monroe County Planning and Environmental Resources Director -approved Aggregation Restrictive Covenant is either personally picked up by the undersigned or, if applicable, by the authorized agent, personal representative, heir, assign, or successor in title of the undersigned, or mailed by U.S. Postal Service Certified Mail to the undersigned applicant or, if applicable, to the personal representative, heir, assign, or successor in title of the undersigned; and B. The undersigned, or, if applicable, the personal representative, heir, assign, or successor in title of the undersigned, shall solely pay any and all costs and expenses associated with such recordation; and 4. Amendment Modification or Release. A. No amendment or modification to this covenant is effective unless the County agrees, consents, and joins in writing thereto, and any amendment or modification to this covenant must be executed in writing by both the County and the undersigned, or, if applicable, by both the County and the personal representative, heir, assign, or successor in title of the undersigned; and B. The undersigned, or, if applicable, the personal representative, heir, assign, or successor in title of the undersigned shall and hereby agree(s) to record any amendment or modification to this Aggregation Restrictive Covenant together with all appropriate and required Joinder(s) and/or Affidavit(s) of No Encumbrances with the Clerk of the Circuit Court of Monroe County within thirty (30) business days of the date on which the original, to -be -recorded, Monroe County Planning and Environmental Resources Director -approved modification or amendment is either personally picked up by the undersigned or, if applicable, by the authorized agent, personal representative, heir, assign, or successor in title of the undersigned, or mailed by U.S. Postal Service Certified Mail to the undersigned applicant or, if applicable, to the personal representative, heir, assign, or successor in title of the undersigned applicant; and C. The undersigned or, if applicable, the personal representative, heir, assign, or successor in title of the undersigned, shall solely pay any and all costs and expenses associated with the recordation of any such amendment(s) or modification(s); and D. This Aggregation Restrictive Covenant may not be rescinded, voided, or released unless and until the Monroe County Board of County Commissioners ("BOCC") approves such rescission, voidance, or release by BOCC Resolution; and 5. Enforcement. A. Monroe County ("County") shall, without liability to the County, have site access to the Property at all reasonable times for the purpose of inspection to monitor and ensure compliance with the restriction contained herein; and B. In the event of any breach or violation of the covenant contained herein, the County shall, without liability to the County, have the right to proceed at law or in equity as may be necessary to enforce compliance with the terms hereof or to prevent the violation or breach of any of them, and to collect damages, and may enforce the covenant by emergency, preliminary, and permanent injunction or such other legal method as the County deems appropriate. The undersigned, or, as applicable, the personal representative, heir, assign, or successor in title of the undersigned, hereby agrees to pay for all costs associated with the County's enforcement action(s); and C. If the County brings an action to enforce the restriction contained herein and prevails in any such action, on trial or appeal, the County shall be entitled to reasonable attorney's fees to be paid by the losing party(ies) as fixed by the court; and D. The County's failure to enforce any condition, provision, reservation, restriction, right, or term contained herein, however long continued, shall not be deemed a waiver or estoppel of the right to do so thereafter as to the same violation or breach; and E. If any condition, provision, or term of this covenant is held to be invalid or unenforceable by any court of competent jurisdiction, the invalidity or unenforceability of such provision shall neither limit nor impair the operation, enforceability, or validity of any other condition, provision, or term thereof. All such other conditions, provisions, or terms shall continue unimpaired in full force and effect; and b. Governing Law. This restriction and the enforcement of the rights and obligations established hereby shall be subject to and governed by the laws of the State of Florida; and 7. Paragraph Headings. Paragraph headings, where used herein, are inserted for convenience only and are not intended to descriptively limit the scope and intent of the particular paragraph to which they refer; and 8. Effective Date. A. This Aggregation Restrictive Covenant will become effective upon recordation in the Public Records of Monroe County, Florida; and B. This Aggregation Restrictive Covenant constitutes the entire Aggregation Restrictive Covenant. 9. TO HAVE AND HOLD UNTO GRANTEE FOREVER. [The remainder of this page has been intentionally left blank.] (7 C EXECUTED ON THIS -" day of ; 2023. WITNESSES TO ALL: OWNER Witn4Siatu�r Madeleine Superstein 9000 Garland Ave N7 Surfside FL 33154 11 This Aggregation Restrictive Covenant is made in reliance upon information, representations, and documents provided by the owner(s) of the Property. If, at some later date, the County determines that the information, representations, and/or documents contained false or misleading information material to the County's decision to assign additional points for the applicable building permit(s), the County reserves the right, in its discretion, to revoke the award of such points, and to pursue all remedies at law and equity, for injuries to the County caused by the submission of such false or misleading material information. STATE OF FLORIDA COUNTY OF 140-, , o � The foregoing instrument, Aggregation Restrictive Covenant, was sworn to, acknowledged; and subscribed before me by means of physical presence or _ online notarization this _day of lrsW 2023 by Madeleine Sup rstein who are personally known to me or who have produced a L bt—. driver license as identification. G9selle Hemandez State of Florida y * my Commission; expires1011012023 C.,MiwWN0.0,G921B50 [NOTARY SEAL) (112 (-5e a �-Or Notary Public (Print Name and Notary ) Notary Public C MONROE COUNTY, FLORIDA ACCEPTANCE OF AGGREGATON RESTRICTIVE COVENANT In Witness Whereof, Grantee accepts the Aggregation Restrictive Covenant granted above and executes this instrument the date set forth below. First Witness (Print Name) First Witness (Signature) Second Witness (Print Name) Second Witness (Signature) STATE OF FLORIDA COUNTY OF MONROE Grantee Monroe County, Florida: Senior Director, Monroe County Planning and Environmental Resources Department (Print Name) Senior Director, Monroe County Planning and Environmental Resources Department (Signature) Date (Print) The foregoing instrument was acknowledged before me by means of _ physical presence or _ online notarization this day of 2023 by as Senior Director of the Monroe County Florida Planning and Environmental Department who are personally known to me or who have produced a driver license as identification. Sworn and subscribed to me this day of , 2023. Notary Public (Print Name and Notary No.) [NOTARY SEAL] Notary Public (Signature) ►_ Exhibit A Lots 5 and 6, Block 29, CUTTHROAT HARBOR ESTATES, according to the Plat thereof as recorded in Plat Book 4, Page 165 of the Public Records of Monroe County, Florida C Grantor's Affidavit of No Encumbrances 1. WHEREAS, Madeleine Sunerstein, the undersigned, is/are the sole fee simple title owner(s) of the certain below -described real property located in Monroe County, Florida, having a legal description as follows and which is shown on attached Exhibit "A ," which is hereby incorporated as if fully stated herein: Parcel Address: 22931 Ca t Kidd Lane and Vacant Land Caipt Kid Lane Cudioe Key FL 33042 Approximate Mile Marker: 21 Parcel(s)ILot(s): 5 and 6 Block: 29 Subdivision: Cutthroat Harbor Estates Key: Cudioe Plat Book: 4 Page: 165 Real EstateNumber(s): 00182830-000000 and 00182840-000000•and 2, WHEREAS, it is true and correct that as of this date no liens, loans, mortgage encumbrances, or non- mortgage encumbrances, other than those in which Joinder(s) have been executed and submitted for this Aggregation Restrictive Covenant corresponding to this Affidavit of No Encumbrances, currently encumber the above legally described real property; and 3. NOW, THEREFORE, the undersigned hereby states that the above legally described property is free of all liens, loans, mortgage encumbrances, and non -mortgage encumbrances at this time, other than those in which Joinder(s) have been executed and submitted as part of the Monroe County Covenant of Unity of Title application corresponding to this Affidavit of No Encumbrances. EXECUTED ON THIS day of WITNESSES TO AL Witness y-rATE OF FLORIDA COUNTY OF i OWNER -GRANTOR Madeleine Superstein The foregoing instrument, Grantor's tdavit of No Encumbrances, was sworn to, acknowledged; and s bsc ibed b fore me by means of 1/ physical presence or _ online notarization this _day of 2fl23 by Madeleine Superstein who are personally known to me or who have produced a driver license as identification. dov P4" GiseRe Hernandez *\'b� State of Florida '�►„) My Commission Expires 101IM023 Commission No. GG 9218W Notary Public Seal C Exhibit A Lots 5 and 6, Block 29, CUTTHROAT HARBOR ESTATES, according to the Plat thereof as recorded in Plat Book 4, Page 165 of the Public Records of Monroe County, Florida. 9/22/23, 2:04 PM L gPublic.net-Monroe County, FL- Report: U0182830-000000 Monroe County, FL Disclaimer The Monroe County Property Appraiser's office maintains data on property within the County solely for the purpose of fulfilling its responsibility to secure a just valuation for ad valorem tax purposes of al property within the County. The Monroe County Property Appraiser's office cannot guarantee its accuracy for any other purpose. Likewise, data provided regarding one tax year may not be applicable in prior or subsequent years. By requesting such data, you hereby understand and agreethatthe data is intended for ad valorem tax purposes only and should not be relied on for any other purpose. By continuing into this site you assert that you have read and agree to the above statement. Summary PnrcelID 00182830-000000 Account# 1234800 Property ID 1234800 MillageGroup 100C Location Address 22931 CAPT K IDD Ln, CUDJOE KEY Legal Description 8K29IT5CUTTHROAT HARBOR ESTATE$CUDJOEKEY PB4-165OR261-3070R332.4050RS43-82 (Nate: Not to be used on Iegai documents.) Neighborhood 311 Property Class VACANT RES (0000) Subdivision CUTTHROAT HARBOR ESTATES Sec/Twp/Rng 28/66/28 Affordable Housing No Owner SUPERSTEIN NORMAN 9000 Garland Ave Surfside FL 33154 Valuation SUPERSTEIN MADELINE 9000 Garland Ave Surfside FL 33154 2023 Preliminary Values 2022 Certified Values 2021 Certified Values 2020 certified Values + Market Improvement Value $0 $0 $0 $0 + MarketMiscValue $0 $0 $0 $0 + Market Land Value -- --- - $168,405 - - $168,405 $134,415 $152,955 Just Market Value $168,405 $168,405 $134,415 $152,955 Total Assessed Value $143,816 $130,742 $118,856 $108,051 School Exempt Value $0 $0 $0 $0 = School Taxable Value $168,405 $168,405 $134,415 $152,955 Historical Assessments Year Land Value Building Value Yard Item Value Just (Market) Value Assessed Value Exempt Value Taxable Value Maximum Portability 2022 $168,405 $0 $0 $168,405 $130,742 $0 $168,405 $0 2021 $134,415 $0 $0 $134,415 $118,856 $0 $134.415 $0 2020 $152,955 $0 $0 $152,955 $108,051 $0 $152.955 $0 2019 $118,965 $0 - .. $0 $118,965 $98,228 _.... _ _ _ $0 $118,965 $0 2018 $100,425 $0 $0 $100,425 $89,298 $0 $100,425 _... .__.. __ $0 The Maximum Partabillty is an estimate only and should not be ref ied upon as the actual portability amount, Contact our office to verify the actual portability amount. Land Land Use NumberofUnits Unit Type Frontage Depth RESI DENTIAL CANAL UNPERMITTED (01CM) 6.000,00 Square Foot 60 100 View Tax Info View Taxes for this Parcel https:llgpu blic.schneidercorp.co m/Application.aspx?App[ D=605&LayerlD=9946&PageType[D=4&Page I D=7635&Q=99916353&KeyVa1ue=00182830-0... 112 9/22/23, 2:04 PM gPublic.net -Monroe Ceunty, FL Repo 182830-000000 Map TRIM Notice 2023TRIM Notice (PDF) No data available for the following modules: Buildings, Yard Items, Sales. Permits, Sketches {click to enlarge). Photos. Thi- Morv�)o CSuniy Proper tv Appraiser soff rc!roarnt3in; d.ntr, Ur pro p,:rty%fi.hin tI,eCow It, Contact Us solely fur Oil? In:rposc pf fulfilling its 1e5ponsibiEity IO,eCIrr^ a itcsr valuation ror;I(, 110e�m fox purp05eti Of ,111 propertv:dithin CLwolty. Th4� ti$onroe County Propurty Appr;ii-r'Boffice ConncL Fudranr!'u 1i 7cruraey for any Othiar ptirpOw. LikL'Vi15C. (l,ta provid(:d re,^lll'C{I r'. ant tar. y9;11' may i10L beill prior Or su6saquC'!it years, By ret'lueseing weft dita. ,ou her'ubv und-•rstand and a;rcv ih it'the User Privacy Policy I GDPR Privacy Notice Last DataLast data Upload: 9/22/2023,4:03:55 AM9/22/2023, 4:03:55 AM Dev6opcd by Cqj Schneider GEOSPAT IA6 https:llgpubl ic.sch neidercorp.cornlApplication.aspx?Appl D=605&LayerlD=9946&PageTypel D=4&Pagel D=7635&Q=99916353&KeyValue=00182830-0... 212 9/22123, 2:05 PM gPublic.net - Monroe County, FL - Report: U0182840-000000 Monroe County, FL Disclaimer The Monroe County Property Appraiser's office maintains data on property within the County solely for the purpose of fulfilling its responsibility to secure a just valuation for ad valorem tax purposes of all property within the County. The Monroe County Property Appraiser's office cannot guarantee its accuracy for any other purpose. Likewise, data pprovided regarding one tax year may not be applicable in prior or subsequent years. By requesting such data, you hereby understand and agree that the data is intended for ad valorem tax purposes only and should not be relied on for any other purpose. By continuing into this site you assert that you have read and agree to the above statement. Summary Parcel ID 00182840-00D000 Accountfi 1234818 PropertVID 1234818 MillogeGroup 300C Location Address VACANT LAN CAPT KIDD Ln, CUDJOE KEY Legal Description BK 29 LT 6 CUTTHROAT HARBOR ESTATES CUDJOE KEY PB4-165 OR254-97OR332-405 DR543-82 (Note: Not to be used on legal documents.) Neighborhood 311 PropertyClass VACANT RES (0000) Subdivision CUTTHROAT HARBOR ESTATES Sec/Twp/Rng 28/66/28 Affordable Housing No Owner SUPERSTEIN NORMAN 9000 Garland Ave 5urfside FL 33154 Valuation + Market Improvement Value + Market Misc Value + Market Land Value = Just Market Value = Total Assessed Value School Exempt Value School Taxable Value Historical Assessments SUPERSTFIN MADELINE 9000 Garland Ave Surfside FL 33154 2023 Preliminary Values 2022 Certified Values 2021 Certified Values 2020 Certified Values $0 $0 $0 $0 $0 $0 $0 $0 $595,856 $425,061 $211613 $206,044 $595.856 $425,081 $211,613 $206,044 $256,051 $232,774 $211,613 $206,044 $0 $0 $0 $0 $595,856 $425,081 $211,613 $206,044 Year Land Value Building Value_ Yard Item Value --- Just (Market) Value __..._,. -... Assessed Value -..._-.-.. Exempt Value Taxable Valuo Maximum Portability .... --- 2022 - -- $425,081 $0 $0 $425,081 $232,774 $0 $425,081 $0 2021 $211,613 $0 $0 $211,613 $211.613 $0 $211,613 $0 2020 $206,044 $0 $0 $206,044 $206,044 $0 $206,044 $0 2019 $196,763 $0 $0 $196,763 $196,020 $0 $196,763 _$17B,200 $0 _... 2018 --$178,200 .. .... $p ..._. $0 _... _.. - . _..$178,200 - - - $178,200 - $0 .._.._.._ ............ $ 0 The Maximum Portability is an estimate only and should not be relied upon as the actual portability amount. Contact our office to verify the actual portability amount. Land Land Use RES WATERFRONT UNPERMITTED (01WM) View Tax info View Taxes for this Parcel Number of Units Unit Type Frontage Depth ..--- ---- - - .... __..._ _._... 8,250.00 Square Foot 0 0 httpsdlgpublic.schneidercorp.comlApplication.aspx?Appl D=605&Layer) D=9946&PageTypelD=4&PagelD=7635&Q=99916353&KeyValue=00182840-0... 112 9/22/23, 2:05 PM gPublic.net -Monroe County, FL - Report u0182840-000000 Map TRIM Notice 2023 TRIM Notice (PDF) No data available for the following modules: Buildings, Yard Items, Sales, Permits, Sketches (click to enlarge), Phatas. The Monr oc COrmty PropertvApI)rii.er's office maintains rLntaon prr,prrtywi`.htn the Courtty Cnnt,ict Us, soles, iur 1, it�� pur pr)so of ftd fii I ng its resp.)nsi hill1Y to secu m_ afuss W fua 60i1 rnrAl .Z,iht nam tOx pt rrpnstt3 et Al property! vithin the Courtty. Tito MOnrO@ Courtty PrOOerty Appraiser-5 Office cannot;>.IIrantce t:r_vc'-! Its Iccfor xiy other pr[trx) E_. Likcv�v, data hrovfdcd rc^_ardirig nn;2 l ix uearnuvnothe,rgpiicableingrim01MJItscgcenty'11,rrs.Byrequestin .;uchditIyouhnrebv uriderstar(I dwo.igrav thef the I User Privacy Policy I GDPR Privacy Notice Last Data Upload: 9/22i2023,4:03:55 AM Developed I)y Schneider GERSPATIAL https:llgpublic.schneidercorp.com/Application.aspx?ApplD=605&LayerlD=9946&PageType[D=4&PageID=7635&Q=99916353&KeyValue=00182840-0.., 212 r ..�,. aatr-Guist veto, RAMCO FORM 8 [ ,, 25726 REC 543 FACE 82 - This 100 04im Bad, Irrraeuted this day of . A. D. 19V 3 . by ' HAROLD S. BAMBERG and ESTELLE G. BAMBERG, HIS WIFE, - ftrat party, to NORMAN SUPERSTEIN and MADELEINE SUPERSTEIN, his :s� Re.,:_: whose postaffice address is 9900 Garland Avenue, Surfs de, Florida second parr.. ;7 tWhwasr uud Amin Om terms 'Y,nt aa ppent' d ^ascend ir sta' aW ladude slafful,r and plural, grin, kox `_ _ freptnrnWirat, and ttJaat a ladfvldeau, aad 6 wwceateea ud -Wan, of empontient, whtmm tha aosteq_- w adtiala ,u ragtdrm.l ;.a . - 1044 5fth, That the said first parry. for and to comideraftan of the sum of S 10.Oro'. in hand paid by the said second party, the receipt wharsof is hereby acknowledged, does hereby remise, re - loam and gait-61atm pats the wad saaond party forever, aft the right, title, interest. claim aril demand which the said /wt party has to and to the faUmvIng dasad od tot, piece or parcel of land situate, !yang and being in the COMIty of Monroe State of Florida , to -wilt Lots 5 and 6, Block 29, CUTTHROAT HARBOR ESTATES, according to the Plat thereof as recorded in Plat Book 4 at Page 165 of the Public Records of Monroe. County, Florida. Subject to all matters of record, conditionsr limitations and easements of record, if any; taxes for current and subsequent years. y— �y. �y r' = a•.]-. E. { ' h � 1.f �' ��'�� � f *i.'L. r Uzi 7 qS. '� `r �' T lk � � G fo' Z : � Xtdfe.� � •�i• TO KWC *rid to E01d the same tooether with A and singular the appurtenances therounto befonging or in anyw[so appertaining. and aft the attain, right, brie: interest. lien. equity and darn what- soever of the said first party, either in law or equity, to 16 only proper use, benefit aad behaof of the said second party forayer. , , 14 IORgW llkftOF, The said [fret party has stoned and sealed these presents the day and year first above written. Stoned, staled and delivered in presence of: r �BM .�l Rove s. BAMB G ESTE G.�AI'ffiERG f 1 STATE OF FLO=A, COUNTY OF DADE I HEREBY CER'1M that,an this day, before me, an afffax duty .authorized is the State aforesaid and In the County aforesaid to take acknowiedvnents, perwaaliy appeared HAROLD S. BAMBERG and ESTELLE G. BAMBERG, to the known to be the persons descrBted in and who treeuted the foregoing Instrument and theyr,,,.,•'sielhowl dsed before me thathey amented the same d :=: WJ,TIi8S5 my bead and o[fielei seat is the County and Swtp�t}tt aforesaid th'u� � r.; , axy: it . s7�� 1NTRRT PU;Lt, :;.1%9 fie F`r,r^h': t ut3k" t N� i SAY COMMISSIONtCFFSRk ttC '3. 7'%IIf It111171AACtaf �t1fL�lt'� xiM- OFFiCf�tt RIGOi� 11t .. flue- In,ttulten: vra��rcpxred BY; . Add= RICKARD ALTSHULER, Arne tCUJ1TF{> pt 709 Bfmye Mdg., MlFR.CAM6 OlL.r COtfar a!MIM VVIFIrn ' t . 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