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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)