Resolution 335-1992Planning Depar__Ument
RESOLUTION NO. 335-1992
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COMMISSIONERS AUTHORIZING THE MAYOR TO
EXECUTE, ON BEHALF OF MONROE COUNTY,
FLORIDA, AN ADDENDUM TO AN AGREEMENT
BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS, HOMES AMERA CORPORATION AND SWEET -
WATER HOMES, INC., WHICH ADDENDUM MAKES
MONROE COUNTY A PARTY TO THE AGREEMENT,
WHICH AGREEMENT DIRECTS THE BUILDING
OFFICIAL TO AMEND PERMIT NO. 9110002747
AND TO RESCIND PERMIT NOS. 9110002745,
9110002746, 9110002744 AND 9110002743
CONCERNING LOTS 24, 25, 26, 27 AND 28,
BLOCK 5, PINE KEY YACHT CLUB SUBDIVISION,
BIG PINE KEY, MONROE COUNTY, FLORIDA,
APPROXIMATE MILE MARKER 30
WHEREAS, Homes Amera Corporation is the owner of real proper-
ty described as Lots 24, 25, 26, 27, and 28, Block 5, Pine Key
`i'ac:ht Club Subdivision, Big Pine Key, Florida; and
WHEREAS, on June 5, 1991, the Monroe County Building Depart-
ment issued five permits, numbered 9110002743 through 9110002747,
for the construction of five single-family residences, and for
fill, land clearing, and related development on the above -refer-
enced lots; and
WHEREAS, Sweetwater Homes, Inc., is the general contractor
of record for the proposed construction of the residences; and.
WHEREAS, The Florida Department of Community Affairs, on
July 19, 1991, filed a Petition of Appeal to the Florida Land and
I esolution #
Plater Adjud.icatory Commission of the issuance of Monroe County
building permits No. 9110002743 through 9110002747 to Homes Amera
Corporation and Sweetwater Homes, Inc., alleging that the per-
mits were not in compliance with applicable provisions of the
Monroe County land development regulations; and
WHEREAS, subsequent to the filing of the appeal, Homes Amera
Corporation executed a contract to sell Lots 24, 25, 27, and 28,
Block 5, Pine Key Yacht Club Subdivision, to the U.S. Fish and
Wildlife Service for inclusion in the National Key Deer Refuge,
thereby mooting the appeal of those four building permits; and
WHEREAS, The Florida Department of Community Affairs and
Homes Amera Corporation and Sweetwater Homes, Inc., desire to
amicably settle and resolve the foregoing dispute by agreement;
and
WHEREAS, the Florida Department of Community Affairs and
Homes Amera Corporation and Sweetwater Homes, Inc., agree to the
following:
1. Homes Amera Corporation hereby gives up all rights to
develop Lots 24, 25, 27, and 28 under the authority of building
permits 9110002745, 9110002746, 9110002744, and 9110002743. Both
parties hereby request that Monroe County rescind building per-
mits 9110002746, 9110002745, 9110002744, and 9110002743.
2. Both parties hereby request that Monroe County amend
building permit 9110002747, for Lot 26, Block 5, Pine Key Yacht
Club Subdivision, to require compliance with the transplantation
plan that is attached to the settlement agreement as Exhibit "B".
Resolution #
3. Within a reasonable time of the rendition of proof of
rescission of building permits 9110002746, 9110002745,
9110002744, and 9110002743, and rendition of an amended building
permit that includes the transplantation plan that is attached to
the settlement agreement as Exhibit "B", the Department of Commu-
nity Affairs shall file its Notice of Voluntary Dismissal of the
appeal. Both parties request that the Hearing Officer abate this
proceeding until Monroe County has had an opportunity to act in
accordance with this agreement; and
WHEREAS, the staff report by Lorenzo Aghemo, Director of
Planning, found that the agreement between the Florida Department
of Community Affairs and Homes Amera Corporation and Sweetwater
Homes, Inc., complies with the Monroe County Land Development
Regulations; and
WHEREAS, the staff report by Lorenzo Aghemo, Director of
Planning, found that the requests of the parties to rescind build-
ing permits for Lots 24, 25, 27, and 28, Block 5, Pine Key Yacht
Club Subdivision and amend the building permit for Lot 26, Block
5, Pine Key Yacht Club Subdivision, comply with the Monroe County
Land Development Regulations; and
WHEREAS, the Director of Planning and the planning staff
consider the agreement to be in the public health, safety and
welfare; and
WHEREAS, therefore, the staff report by Lorenzo Aghemo,
Director of Planning, recommends approval of the agreement and
Resolution #
recommends that the Board of County Commissioners authorize the
Mayor to execute the agreement between the Florida Department of
Community Affairs and Homes Amera Corporation and Sweetwater
Home, Inc.; and
WHEREAS, therefore, the staff report by Lorenzo Aghemo,
Director of Planning, recommends approval of the requests of the
parties to amend building permit 9110002747 and to rescind build-
ing permits 9110002745, 9110002746, 9110002744, and 9110002743
and recommends that the Board of County Commissioners direct the
Building Official to amend and rescind the above -referenced build-
ing permits;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS
OF MONROE COUNTY, FLORIDA, as follows:
That the Board of Commissioners of Monroe County, Florida,
agrees with the recommendation of the Director of Planning that
the execution of this addendum and approval of the requests of
the parties made therein would be in the best interests of the
citizens of Monroe County and we hereby approve and adopt the
addendum between the Florida Department of Community Affairs,
Homes Amera Corporation and Sweetwater Homes, Inc. and direct the
Building Official to rescind building permits 9110002745,
9110002746, 9110002744 and 9110002743 and to amend building per-
mit 9110002747 to include the transplantation plan that is at-
tached to the settlement agreement as Exhibit "B"; and
Resolution #
That the Mayor is hereby authorized to execute the addendum
between the Florida Department of Community Affairs, Monroe
County, Homes Amera Corporation and Sweetwater Homes, Inc., a
copy of said addendum is attached hereto and incorporated by
reference; and
That the Monroe County Growth Management Division is hereby
directed to forward three certified copies of the agreement to
the Department of Community Affairs.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 29th day of
(SEAL)
June
A.D., 1992.
Mayor Harvey
Yes
Mayor Pro Tem London
Yes
Commissioner Cheal
Yes
Commissioner Jones
Yes
Commissioner Stormont
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor/Chairman
Attest: DANNY L, YOLHAGP, Clerk
APPP, vj ,? AS 1 r) Fe,)pM
AND LEGAL
Attorney°� �
Resolution #
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF COMMUNITY AFFAIRS,
Petitioner,
V.
CASE NO. 91-6601DRI
HOMES AMERA CORPORATION, Owner;
SWEETWATER HOMES, INC., General
Contractor; and MONROE COUNTY, a
political subdivision of the
State of Florida,
Respondent.
ADDENDUM TO SETTLEMENT AGREEMENT
This Addendum is entered into between Homes Amera Corporation,
the Department of Community Affairs, and Monroe County through its
Board of County Commissioners.
WHEREAS, in March 1992, Homes Amera Corporation and the
Department of Community Affairs entered into a Settlement Agreement
which resolved the Department's concerns raised in its Petition for
Appeal of certain building permits identified in the Agreement; and
WHEREAS, the Agreement calls for certain acts on the part of
Monroe County relating to the challenged building permits; and
WHEREAS, in drafting the Settlement Agreement, Monroe County
was inadvertantly omitted as a signatory to the Agreement; and
WHEREAS, the Monroe County Board of County Commissioners has
adopted a resolution authorizing the Mayor to execute the
Settlement Agreement, cancel the challenged permits, and issue a
new or revised permit to the property owner consistent with the
Settlement Agreement; and
WHEREAS, the purpose of this Addendum is to provide for Monroe
county's joinder in the Settlement Agreement.
NOW, THEREFORE, in consideration of the undertakings between
the parties, the receipt and sufficiency of which are acknowledged,
the parties agree as follows:
1. The Settlement Agreement between Homes Amera Corporation
and the Department of Community Affairs, executed in March 1992, a
copy of which is attached hereto and incorporated herein, is
amended to include Monroe County as a full party to said Agreement
for the purpose of enforcing and implementing same.
2. In all other respects, the attached Settlement Agreement
shall remain unchanged.
(SEAL)
Attest: DANNY L. YOLEUG]i, Clerk
.Cler
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By .
Wilhelmina Harvey
Mayor
ANIP0 vt.0 AS so ry)
AID LE; � .�� Y
j,
Alton&y; ri a
HOMES AMERA CORPORATION
a Florida corpor ion
By.
Kevin O. Donohue
President
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of of , 1992, by Kevin O. Donohue, who is personally
known to Me or who has produced C�f \v k ,. L , c c„, as
identification and who did (did not) take an oath.
��a c' � , (-
Notary Public
Name (typed, printed or stamped)
Serial number, if any
.., .. STATE �F PL•�P•;DA.
LIC
h YTCRY-PtB 1 'jx.ucti ili css. DEPARTMENT OF COMMUNITY AFFAIRS, an
UON'Wo Ti ""`"'jY �`uL ` Agency of the State of Florida
By s
Linda Loomis She ley
Secretary
STATE OF FLORIDA
COUNTY OF LEON
The forego' g instrument was acknowledged before me this
Al day of , 1992, by Linda Loomis Shelley who
is personally U kn wn to me or who has produced
)16�'`.Q _ as identification and who did (did not)
take an oath.
j-
Nbtary Publ c
Notary Pubit, State of Florida
My Commission xpires Oct. 28, 199$
Name (typed,'printed or stamped)
Serial Number, if any
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF COMMUNITY AFFAIRS,
Petitioner,
V.
HOMES AMERA CORPORATION, Owner; CASE NO. 91-6601 DRI
SWEETWATER HOMES, INC., General
Contractor; and MONROE COUNTY, a
political subdivision of the State
of Florida,
Respondents.
SETTLEMENT AGREEMENT
THIS AGREEMENT is entered into between Homes Amera Corporation
and the Department of Community Affairs ("DCA"), an agency of the
state of Florida, as a complete and final settlement of all claims
raised in the above -styled appeal filed by DCA pursuant to Section
380.07, Florida Statutes.
WHEREAS, DCA is the state land planning agency having the
power and duty to exercise general supervision of the
administration and enforcement of Chapter 380, Florida Statutes,
the Environmental Land and Water Management Act, which includes
provisions relating to Areas of Critical State Concern; and
WHEREAS, DCA is authorized by Section 380.032, Florida
Statutes, to enter into an agreement with any landowner, developer
or other governmental agency as may be necessary to effectuate the
provisions and purposes of Chapter 380, Florida Statutes, or any
related rule; and
WHEREAS, Homes Amera Corporation is the owner of Lots 24, 25,
26, 27, and 28, Block 5, Pine Key Yacht Club Subdivision, on Big
Pine Key in Monroe County, Florida; and
WHEREAS, Monroe County issued building permits for each of
said lots, and the Department filed this appeal of each permit; and
WHEREAS, Homes Amera Corporation has executed a contract, a
copy of which is attached to this Agreement as Exhibit "A", to sell
Lots 24, 25, 27, and 28 to the U.S. Fish and Wildlife Service for
inclusion in the National Key Deer Refuge, thereby mooting the
appeal of those four building permits; and
WHEREAS, Homes Amera Corporation has prepared a
transplantation plan for the remaining lot, Lot 26, a copy of which
is attached to this Agreement as Exhibit "B"; and
WHEREAS, the parties hereto wish to avoid the expense and
delay of lengthy litigation and resolve the pending appeal under
the terms and conditions set forth herein, which terms and
conditions effectuate the provisions and purposes of the Act, and
it is in their best interests to do so.
NOW, THEREFORE, in consideration of the terms and conditions
set forth hereafter and the full, complete and final settlement of
all claims arising out of the above -styled appeal, the parties
hereto agree as follows:
1. Representations. The representations set forth above are
incorporated herein and are essential elements hereof.
2
2. Rescission of Building. Permits. Homes Amera Corporation
hereby gives up all rights to develop Lots 24, 25, 27, and 28 under
the authority of building permits 9110002745, 91100027464,
9110002744, and 9110002743. The parties hereby request that Monroe
County rescind building permits 9110002745, 9110002746, 91100027440,
and 9110002743.
3. Amendment of Devel02ment Order. The parties hereby
request that Monroe County amend building permit 9110002747, for
lot 26, Block 5 of Pine Key Yacht Club subdivision to require
compliance with the transplantation plan attached to this Agreement
as Exhibit "B".
4. Further Proceedings. Within a reasonable time of the
rendition of proof of rescission of building permits 9110002745,
9110002746, 9110002744, and 9110002743, and rendition of an amended
building permit that complies with paragraph 3., the Department of
Community Affairs shall file its Notice of Voluntary Dismissal of
the above -captioned appeal. The parties to this Agreement
respectfully request that the Hearing Officer abate this proceeding
until Monroe County has had an opportunity to act in accordance
with this Agreement.
5. Entirety of Agreement. The parties further agree that
this Settlement Agreement contains the entire -and exclusive
understanding and agreement among the parties and may not be
modified in any manner except by an instrument in writing and
signed by the parties.
3
6. Duplicate Originals, This Settlement Agreement may be
executed in any number of originals, all of which evidence one
agreement, and only one of which need be produced for any purpose.
7. Enforcement. In the event of a breach of this Agreement
or failure to comply with any condition of it or if it has been
based upon materially inaccurate information, the DCA may enforce
this Agreement as provided in Section 380.06 and 380.11, Florida
Statutes.
S. Scope of Authority. This Agreement affects the rights
and obligations of the parties under Chapter 380, Florida Statutes.
It is not intended to influence or determine the authority or
decisions of any other state or local government or agency in
issuance of any other permits or approvals that might be required
by state law or local ordinance for any development authorized by
this Agreement.
9. Release; Costs and Attorneys Fees. Each party hereto
releases the other from any and all claims or demands arising out
of the subject permit appeal. Each party shall bear its own costs
and attorney fees incurred in connection with this proceeding.
10. Date of EX2gution. The date of execution of this
Agreement shall be the date that the last party signs and
acknowledges this Agreement.
11. Effective Date. This Agreement shall become effective on
the date the Florida Land and Water Adjudicatory Commission enters
a final order approving.this Agreement and dismissing the subject
appeal.
4
IN WITNESS THEREOF, the* parties by and through their
respective undersigned duly authorized representatives have
executed this Agreement on the dates and year below written.
Homes Amera Co atiT
Z1--- - 1 7,
VIN O. DONAHUE, President
STATE OF FLORIDA
COUNTY OF /' )L-.. 1 ��
The foregoing instrument was acknowledged before me this --1
day of /- ) --)X t f-i , 1992, by KEVIN O. DONAHUE, President
of Homes Amera Corporation, on behalf of the corporation.
Notary Public
My Commission Expires:
DE P fYITYFAIRS N'?� Y PUS S'A;i G= ;;r ,•
7A 174A
BY: Ny
40 -Ccrnterviey-"D1r4ve
Tallahassee, FL 32399-2100 Approved as to form and
legal sufficiency:
Attorney, B pirtment of
Community Affairs
STATE OF FL0RIDA
COUNTY OF LEON l
The f egoi g instrument was a knowledged before me this 16,
day of , 1992, by s //_ , -A . 'r. wot' of the
Department of Community Affairs, an agency of the State of Florida,
on behalf of the Department. 0
N ary Public
My Commission E- 1 es
5
I HEREBY CERTIFY that true and correct copies of the foregoing
were furnished to the persons listed below by the method indicated
this �� l' day of J 1992.
BOB HERMAN, HERB RABIN,
LORENZO AGHEMO, GEORGE GARRETT
Monroe County Growth
Management Division
Public Service Bldg., Wing III
5100 Junior College Road West
Stock Island
Key West, FL 33040
i
David L. Jor�, Asst. Gen. Counsel
6
RANDY LUDACER, Esq.
Monroe County Attorney
310 Fleming Street
Key West, FL 33040
SPRANG STREET, S.W.
ATLANTA, GEORGIA
- - 30303
- ..l • . I• oil
February 5, 1992
COL%, ,.,iris.
CERTIFIED MAIL
Return Receiat Recuested
Kevin O. Donahue LA -Florida
Romes Amer& Corporation National Key Deer Refuge
Route 3, Box 188 Nomes Amer& Corp. (1182)
Big Pine Key, Florida 33043
Dear Mr. Donahue:
On December 30, 1991, you executed an Agreement for the Purchase of Lands
providing for the sole of 1.29 acres of land, more or less, in Monroe County,
Florida, to the United States of America, at a price of $56,800.00 for Tract
(1182b). This Agreement Includes a provision that it may be accepted at
anytime within six months after execution by you.
You are hereby notified that the offer to sell this land was accepted and
executed on behalf of the United States on the date of this letter and that it
Is now a binding contract. This notice is sent to you in accordance with the
_.terms of paragraph 12 of the Agreement. A copy of the Agreement as executed
Is enclosed for your records.
Pursuant to the Agreement, the U.S. Fish and Wildlife Service will prepare the
closing documents conveying Tract (1182b) to the United States of America.
Alan C. Bonsack
Senior Realty Officer
Refuges and Wildlife
Enclosure
EXHIBIT A'
Form-1/0�4'
(Nov. 1988)
t+e.—riot kart
National Key Deer R
Homes Amera Corp. (1182b)
n
UNITED STATES DEPARTMENT OF THE INTERIOR
U.S. FISH AND WILDLIFE SERVICE
75 Spring Street, S.W.
Atlanta, Georgia 30303
AGREEMENT FOR THE PURCHASE OF LANDS
THIS AGREEMENT, made and entered into this 30 day of 1J��'�^'�, 19Y1 by
and between, HOMES AMERA CORPOP.ATION, a Florida corporation,
of Route 3, Box 188, Big Pine Key, Florida 33043
hereinafter styled the vendors, for themselves, their heirs, executors,
administrators, successors, and assigns, and the UNITED STATES OF AMERICA
acting by and through the Secretary of the Interior or his authorized
representative,
WITNESSETH:
1. In consideration of One Dollar ($1.00) in hand paid by the United
States, the receipt of which is hereby acknowledged, the vendors agree to sell
to the United States certain lands upon the terms and conditions hereinafter
set forth, and for the price of $56,800.00-- lump sum for all of the lands and
other interests, which lands shall include all tenements, hereditaments,
together with all water and other rights, easements, and appurtenances
thereunto belonging, owned by them, situate and lying in the County of Monroe,
State of Florida, containing 1.29 acre(s), more or less, and more particularly
described as follows: *A30A,
Lots 20,21,22,23,24,25,JV, and 27, Block 5, PINE KEY YACHT CLUB
ESTATES, a subdivision. Big Pine Key, Florida, according to the
plat thereof, as recorded in Plat look 6, at page 98. of the
Official Records of Monroe County, Florida.
a.. --.w-+,.uuly, 'W&&WW U"AL i.n*y 11&V8 LVil .446`116.9 POWOL, ftr11 mucnority to
convey, and th sy will convey to the United States the fee I title
thereto clear, free and unencumbered, except subject to the following
easements or reservations:
Existing easements for canals, ditches, flumes, pipelines,
railroads, public highways and roads, telephone, telegraph, poser
transmission lines and public utilities.
3. The vendors further agree not to do, or suffer others to do, any act
by which the value or title to said lands may be diminished or encumbered. It
is further agreed that any loss or damage occurring prior to the vesting of
satisfactory title in the United States of America by reason of the
unauthorized cutting or removal of products therefrom, or because of fire,
shall be borne by the vendors; and that, in the event any such loss or damage
occurs, the United States may refuse, without liability, to accept conveyance
of said lands, or it may elect to accept conveyance upon an equitable
adjustment of the purchase price.
4. The vendors further agree that during the period covered by this
instrument officers and accredited agents of the United States shall have at
all proper times the unrestricted right and privilege to enter upon said lands
for all proper and lawful purposes, including examination of said lands and
the resources upon them.
5. The vendors will execute and deliver upon demand of the proper
officials and agents of the United States, and without payment or the tender
of the purchase price, a good and sufficient deed of warranty conveying to the
United States a safe title to the said lands of such character as to be
satisfactory to the Attorney General of the United States, and said deed shall
provide that the use, occupation, and operation of the rights -of -way,
easements, and reservations retained therein, shall be subordinate to and
subject to such rules and regulations as may be prescribed by the Secretary of
the Interior governing the use, occupation, protection, and administration of
areas under and in compliance with the Act of October 15, 1966 (80 Stat. 926),
as amended. -
6. In consideration whereof the United States of America agrees that
it will purchase all of said lands and other interests at the price of
$56,800.00-- lump sum, the acreage to be ascertained by a survey to be made at
the option and expense of the United States after reasonable notice to the
vendors, and according to standard methods and procedures, or by recourse to
the records of the Bureau of Land Management, or by both; and it further
agrees that, after the preparation, execution, delivery, and recordation of
the deed at no cost to the vendors, and after the Attorney General shall have
approved the title thus vested in the United States, it will cause to be paid
to the vendors the purchase price by a United States Treasury check. The
expenses of the vendors for recording fees, revenue stamps, transfer taxes,
and similar expenses incidental to the conveyance of their property; and any
amount paid as a penalty cost for prepayment of any pre-existing recorded
mortgage entered into in good faith, encumbering such real property; as well
as the pro rat, •e of prepaid real property taxes allocable t period
subsequent to the vesting of title in the United States, or the effective date
of possession of such real property by the same, whichever is earlier; shall
be subject to reimbursement as provided in Section 303 of the Act of
January 2, 1971, 84 Stat. 1899. Full possession and use of the premises shall
pass to the United States as of the date payment is made to the vendors
subject only to the reservations stated in section 2 above.
7.' It is understood and agreed that if the Secretary of the Interior
determines that the title to said lands or any part thereof should be acquired
by the United States by judicial proceedings, either to procure a safe title
or, when it is in the public interest, to take immediate possession, or for
any other reason, then the compensation to be claimed by the owners and the
award to be made for said lands in said proceedings shall be upon the basis of
the purchase price herein provided.
8. It is mutually agreed that an abstract, certificate of title, or
other evidence of title to the property herein contracted to be sold,
satisfactory to the Attorney General, will be obtained by the United States at
its expense.
9. It is mutually understood and agreed that this contract shall not be
assigned in whole or in part without the consent in writing of the United
Stites.
10. It is further mutually agreed that no Member of or Delegate to
Congress, or Resident Commissioner, shall be admitted to any share or part of
this contract or agreement, or to any benefit to arise thereupon. Nothing,
however, herein contained shall be construed to extend to any incorporated
company, where such contract or agreement is made for the general benefit of
such incorporation or company.
11. It shall -be the obligation of the vendors to pay all taxes and
assessments outstanding as liens at the date title vests of record in the
United States, whether or not such taxes and assessments are then due and
payable.
12. It is mutually understood and agreed that notice of acceptance of
this agreement shall be given to the vendors by certified mail addressed to
Mr. Kevin 0. Donahue
Homes Amera Corporation
Route 3, Box 188, Big Pine Key, Florida 33043
and shall. be effective upon date of mailing and shall be binding upon all of
the vendors without sending*a separate notice to each, except as such
obligation may be affected by the provisions of paragraph 6 hereof.
IN WITNESS WHEREOF, the vendors have hereto signed their names and
affixed their respective seals on the day first above written, with the
understanding that this agreement for purchase cannot be executed by.the
Sectotary of tT ' :erior or his authorised representative until '--r it is
=sported to him svz his consideration, and therefore the vendors and in
consideration of the $1.00 hersinabove acknowledged as received, and have and
do hereby grant unto the United States of America by and through the Secretary
of the Interior or his authorized representative, or any other officer or
agency of the United States authorized to purchase said lands. the option and
right to enter into this Agreement for Purchase within six (6) months from the
execution thereof by the vendors, and to purchase said lands as herein
provided.
r
HOMES AMEBA CORPORATION
By: a a�4. S . )
Title:
Attest
By: 9411-�li 9-M'-1ZCLs.
Ti td � •, ;'
(L.S.)
The Secretary of the Interior, acting by and through his authorized
representative has executed this agreement on behalf of the'United States of
America on this OX14- day of 1937!
TH9 UNITED STATES OF AMERI
By: . . 10h , . -0—
Title: enior Realty Officer
U.S. Fish and Wildlife Service
ACKNOWLEDGEMENT
STATE OF )
COUNTY OF )
On this day of 19 , before as personally appeared
known to me to be.the
person(s) described herein and who executed the within instrument, and
acknowledged to me that (he/she/they) executed the same.
My Commission Expires
(Notary Public)
^Qt"1QWA. tUg14U _ \.V ^'J.L IA W A16 LV` b►AG JC1.►LV&4WA42P i yr i+......-- -%0-
(1182c), Hoa__ __-sera Corporation, at National Key Dee 'uge:
ACKNOWLEDGEMENT
STATE OF F104 ida
COUNTY OF MOn40t
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and County aforesaid to take
acknowledgements, personally appeared Kav-in D.,Dcnohue
;acqu&lyn A. Donohut , well known to me to be the
Aat.aident and Stczt.fazy ,
and
respectively sf the corporation named as grantor in the foregoing
instrument, and that they severally acknowledged executing the
same in the presence of two subscribing witnesses freely and
voluntarily under authority duly vested in them by said
corporation and that the seal affixed thereto is the true
corporate seal of said corporation.
WITNESS my
hand
and official seal
in the County
and
State
last aforesaid
this
_ rLyt day of
c ,
A.D.
1991.
- n
NOTARY PUBLIC
My Commission Expires:
VOTAry ?l�90r;rrA' f of Fl401CA Al LARCS
PIPE: JAI:
bOND'C Tom':' 'S_.". i'S N" 7A!:Y 5�.3A:n03Z
BAYSHOP.E LANDSCAPE NURSERY
Mauling ,Address: P.D. Box 849, Big Pine Key, Florida 33043
305.872.2554
January 24, 1992
Re: Homes Amera Corp. Property
Lot 26, B. 5 Pine Key Yacht Club Estates
Big Pine Key, Florida
#00246221-013600
TRANSPLANTATION PLAN
1. All threatened and endangered plant material within the areas of clearing
at the above project to be transplanted ie. all plants within area of
drive, septic area and house pad.
2. A plant material inventory list with location size and species of
material to be relocated is provided, see Attachment A.
3. Materials are to be carefully removed without damage to adjacent flora.
Maximum size rootballs are to be harvested, without drying out and
immediately transported to Bayshore Landscape Nursery tagged for ident-
ification, containerized and or field planted, mulched, placed under
mist heads and maintained according to cultural practices. Plants will
remain in Nursery (subject to inspection), fertilized, nutritionally
sprayed and generally cared for until such time as needed for es -estab-
lishment of healthy, vigorous rootballs.
4. After construction and prior to application for C.O. plant material to
be returned to and planted on site. A sizeable new planting pit 1� times
the diameter of the rootball and of equal depth shall be dug to accept
the relocated material.. Then backfill the planting with existing native
soil collected for the proposed roadway and stockpiled at the time of
clearing. Deep mulch and water on a regular basis to ensure survival.
Three times per week first two weeks, twice per week next six weeks, once
per week for the next two months, therafter as needed or during times of
drought. Root stimulating fertilizer to be applied at the time of
transplanting. A slow release all purpose 6-6-6 to be applied six weeks
after relocation.
5. Transplantation sucess: 85% for the material transplanted to Nursery for
reestablishment.
47
tees . ,�y.sLco�e .�G•Lccisc.���
nfur'se�
GARDEN CENTER LOCAT]ON: M," 2,, US HIM: i, RA\4ROD KEY, FLOFJDA
EXHIBIT B
BAYSHORE LANDSCAPE NURSERY
M,uling Address: P.O. Box 849, Big Pine Key, Florida 33043
305.872.2554
January 24, 1992
Re: Homes Amera Corp. Property
Lot 26, B. 5 Pine Key Yacht Club Estates
Big Pine Key, Florida
#00246221-013600
TRANSPLANTATION PLAN
Attachment A -Plant Inventory
Code
Common Name
Botanical Name
Quantity
T.M.1
Key Thatch Palm
Thrinax Morrissi
2
T.M.2
Key Thatch Palm
Thrinax Morrissi
2
T.M.3
Key Thatch Palm
Thrinax Morrissi
2
C.A.1
Silver Palm
Cocothrinax Argentata
4
C.A.2
Silver Palm
Cocothri�nax Argentata
3
C.A.3
Silver Palm
Cocothrinax Argentata
3
P.L.
Long Stalk Stopper
Psidium Longipes
2
E.L.
Golden Creeper
Ernodea Littoralis
3
For locations see Plot Plan.
Size
3-4'
4-6'
6-8'
3-4'
4-6'
6-6'
GARDEN CENTER LOCATION: MA4 2;, US HWY. i, MMROD KEY, FLORIDA
STATE OF FLORIDA
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES
w. ONSITE SEWAGE DISPOSAL SYSTEM CONSTRUCTION AND INSTALLATION PERMIT
w" Permit Application Number
PART 11- SITE PLAN
I.DC>AL DESCRIPTION:
Lot 26 of Block 5, Pine Key Yacht
Club Estates, Big Pine Key,
Sec. 26, Zap. 66 S.,.Range 29 E.,
Monroe county, Florida.
APPLICANT!':
Homes Amera Corp.
A.
f7l'
$CAL61 1�� Savo,
I IV/ITI
0. to, Zo
DA TU rn : O•o' rR.S•L.r
j,04 25
var.s."A
Act
.27'
I'Sr�n'r
TFt•a. .
r.N• I
'F 1014 _ .
L;A
� r SA H I A Ho ND A R0,90 T�'7
totes:
Applicant wishes to construct a DCA approved modular Single-family R c,dPnnp nn
elevated concrete columns Residence to contain 3 bedrooms and �) ha hs with
1352 sq.ft. of enclosed area. 1
Me Plan submitted by. BI) Leq'ist PcaP-nt QrTrAn�Z���+ _
SIGNATURE W a -
Ilan Approved Not Approved Date
3y County Public Unit
ALL CHANGES MUST'BE APPROVED BY THE COUNTY PUBLIC HEALTH UNIT
+RS•M form 4015. Feb SS (t)beotataa w•iAme odK$" wh" may not be wa0) Pape 2 of 3
§lock Number. 5744-002-40IS-6)