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Resolution 264-1987 Monroe County Commission RESOLUTION NO. 264 -1987 A RESOLUTION AUTHORIZING THE MAYOR/CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO EXECUTE AN AGREEMENT BY AND BETWEEN THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, FLORIDA COMMERCIAL INVESTMENTS, INC., AND MONROE COUNTY CONCERNING SETTLEMENT OF THE APPEAL FILED BY THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, IN RE: MONROE COUNTY BUILDING PERMIT #C21581. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that said Board hereby authorizes the Mayor/Chairman of the Board to execute an Agreement by and between the State of Florida Department of Community Affairs, Florida Commercial Investments, Inc., and Monroe County, a copy of which is attached hereto, concerning settlement of the appeal filed by the State of Florida Department of Community Affairs, in re: Monroe County Building Permit #C21581. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 1tJ. day of J~/~ , A. D. 1987. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ( Seal) /~ Attest: DANNY L. KOLHAGE, Clerk -.l2L ~' ().~ er APPROVED AS TO FORrf ~NWGl\L SUFFJClrA..~.: . t:u J I~ DY '~~.'l' ~..,:;-;:;-'-:'~-;:~-'-- AGREEMENT This Agreement entered into this ____ day of , 1987, between the STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (hereafter referred to as the Department) and FLORIDA COMMERCIAL INVESTMENTS, INC., a Florida corporation (hereafter referred to as the Owner) and MONROE COUNTY, a political subdivision of the State of Florida (hereafter referred to as the County) . WIT N E SSE T H: WHEREAS, the Department and the Owner, along with Monroe County, are parties to an appeal filed by the Department pursuant to Section 380.07, Florida Statutes, pending before the State of Flor ida Land and Water Adjudicatory Commission, styled as follows: IN RE BUILDING PERMIT OF MONROE COUNTY, FLORIDA NO. C2l58l ISSUED TO FLORIDA COMMERCIAL INVESTMENTS, INC. IN AN AREA OF CRITICAL STATE CONCERN; and WHEREAS, the Department and the Owner wish to enter into a stipulation of settlement resolving the above-mentioned appeal; and WHEREAS, Monroe County building permit C2l58l issued 14 April 1987 (a copy of which is attached and marked EXHIBIT A), allows Owner to upgrade an 18-unit motel and apartment to 54 units, one office and all site work; and WHEREAS, Monroe County building permit C21581 does not follow the Monroe County Comprehensive Plan and Land Development Regulations effective September 15, 1986, in that it did not properly consider the requirement for impact fees; and WHEREAS, without reed to adjudicate the correctness of the Monroe County decision and regulations under which this permit should be evaluated, the Owner agrees to undertake required studies to measure and determine impacts; THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Owner has submitted to the Department a traffic study consistent with the Monroe County Comprehensive Plan which 1 projects that the level of service will not be lower than Level "D" nor require current or future roadway improvements; therefore, no impact fee need be assessed for traffic. 2. Owner agrees to pay to Monroe County: (a) a park impact fee the amount of $107 per unit; (b) a solid waste impact fee in the amount of $ 5 4 .18 pe run it; (c) a police and law enforcement impact fee of $ 8 5 .3 2 pe run it; for a total of $246.50 per unit; $8,874 for the 36 additional units authorized to be constructed under Monroe County permit C21581. This fee shall be remitted to Monroe County prior to the issuance of the certificate of occupancy for the authorized project. 3 . Bas e d u po nth e 0 w n e r 's co v e n ant san d representations contained in this Agreement, the Department will voluntarily dismiss its appeal of Monroe County Building Permit C21581 to allow the Owner to begin construction under the permit in accordance with this Agreement. 4. In the event of a breach of this Agreement, or failure to comply with any condition of this Agreement, or if this Agreement is based upon materially inaccurate information, the Department may terminate this Agreement or file suit to enforce this Agreement as provided in Section 380.11, Florida Statutes, including suit to enjoin all development. 5. This Agreement shall be recorded by the Owner, who will provide proof of such recordation to the Department, in the official records of Monroe County, Florida, and shall be enforceable against all successors, heirs or assigns of the parties. STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS BY: Witness TOM G. PELHAM Secretary 2751 Executive Center Circle, East Tallahassee, Florida 32399 (904) 488-0410 Witness DATE: 2 Witness Witness DATE: f/q/87 Witness Witness DATE: FLORIDA COMMERCIAL INVESTMENTS, INC. BY: '/, ... . -. /./~~ ,- w1~~I{:c 5:~~R6B~~ /)"e C '..... Roberts, Egan & Routa, P. A. 217 South Adams Street Tallahassee, Florida 32302 (904) 224-5169 MONROE COUNTY BY: :'(.,I~,r.P{' ('.., ~.:~':~SI!:~"~::~I'~::t2~ Ji..;~. .t~7~1" ,'''.; ',I,',', ' _"t. J 171 ... -c L.4.....-....- \f ' .;L..,~ .';' ._--j,-:;:;:~-::':-:-:--'--'-'-'-" _.. I 3 MnNQOE COUNTY BUILDING DEPARTMENT EXHIBIT BUILDING PERMIT 1\ No. C_2_L5~J.. Date Jaaued .l.:1.p.riLJ4n,J~.t1 >is is to Certify that(:lOtidanC~~a;;ltii=I~~~.=-.~~--':~-~~. :IS permission to54nUnd..M&ltl,nJaw.rmmtt....D "'nn( ~ t ___________________u___ B lock_____n___n______________________ Sub' d. siten____UlOr_K ~____________..n___________ __n_ A NOTE THIS PERMtT IS NON. TRANSFERABLE -------------------------...----------..----...-----......---------------------------------------------------. .u________. -- -- ---q-- --~----- -----------U~---I"----n-. -----ocean--------------------t>-t:,-----.---------n------- ddreB8: MM.__._.._9___5_..__.._____....._....__.~___...._n_...____....._n~....nn-.-......~-n..-.------.--- The person accepting this permit shall conform to the terms of the application 011 fUe in the office of the Zoning Department of Monroe County and coDStruct1on shall confonn to the requirements of the Monroe County Codes. B Building Contractor ~t)l2e_,~__~__lfd(6h_____CGC___Q~lg4+- E Electrical Contractor ____________u____________________________n_ P Plumbing Contractor ______________________u__________________________ Inspections Required - 24 Hour Notice Required on All Inspections. 3rd ----------- -, Final-'----------- Health . - DeIA"~Dt Permit void if zoDiDq classification are Violated. '-~- Jt ad 4th ____ .rmit void if construction is not :arted within thirty days. ' 7\ .. " " '"' ~ IMPORTANT, NOTICE This card must be displayed on street side of lot in a PERMANENT, SUBST.AJftIAL MANNER. AND IN A CONSPICUQUS, SHELTERED LOCATION, ACCESSIBLE TO THE INSPECTOR. Card must remain displayed UJltil after final inspectiOD8. NO INSPECTIONS will be made unless a set of plana, each sheet ~tamped. with the approval of the Building Department. and approval of the Health Department. Is aYailable for the inspector on,~the job site. A P PRO V EDt. .pproved Subject To Health DepL Approval ~oe C"".ty 'aU-~a.Jfl9~.._..__For Inspections ~ . ~~....... upection Must Be Made BefC"T'e Pro- Monroe County Building Department .. ~....,;c,~~..'.."_ .:::-.-.---c-.::" , . .F.E#na · . FI.CX)D ZONE: . A-16, V-16 ELEVATICN 12 BUILDING PERMIT BUILDING AND ZONING DEPARTMENT MONROECO~.FLORlDA ~ ~ APRIL 14, 1987 D~ - ex) 1.0 . - N THIS PERMIT SHALL ALLOW WORK (AS DEFINED UNDER WORK DESCIUP'l'10N BELOW AND AS SHOWN AND SPECIFIED ON PLANS SUBMI'M'ED AND ON FILE IN THE BUILDING DEPARTMENT OFFICES) TO BE PERFORMED ON THE FOLLOWING PROPERTY BY THE OWNER LISTED: ALL OF TWCr 20 & IDts 1-7, TRACI' 21, StlNSm' rovE (.) to- i a:: w ~ SUBDIVISION U . S . i1 AND c:cEl\N BAY DRIVE SEe 32 T 61s It 3ge LOT BLOCK STREET OR ROAD REZZA OWNER FLORIDA ca.~ ~VES'IMENl'S, nc. NANCY PHONE P.O. BOX 2686, mY IAROO, FL 33037 852-9879 MAILING ADDRESS CONTRACTOR roBERI' Mc:INIOSH CGC028844 PHONE 451-3070 MAILING ADDRESS P.o. BOX 2704, mY I.ABro, FL. 33037 WORK DESCRIPTION UPGRADmG OF 54 UNIT 00lEL, 1 AP~, 1 OFFICE AND ALL SITE Vl)RI<' REMARKS 20,000 sq. ft. encl. Ul'lMATEDVALUE t1,225,000.00 SEE FILE 09426. SUI3CON'IWCl'ORS MUS!' RmISTER WITH THIS OFFICE PRIO~;;o N:rl lMHtIH INSP~ONS. THIS PmlIT BEXXMES l::J:.t.l:I.:l'.l.'.1E CNLY AFl'ER 45 DAYS AND . mE U.l:;k",l'. OF CCl\HJNITY AFFAIRS roES n ror APPEAL IT'SISStmNCE. (F .S. 380.05) OR ..1m.. UPOO APPPOVAL BY WE DEPT. OF caMJNI'lY AFFAIRS. THIS PERoaT 1ft ISSUFD ONDER THE THE "OlD PLAN" lID IMPACT FEES ARE RmUIRED** Vl)RK MUST BE <XM1ENCED WITHIN 60 DAYS OF EFFECTIVE DATE OF THIS PER HIT AS S~ FORI'H lUDlE. PAID BY CHOCK U2991i,saJI'HEAST BANK $4,842.00 PERMIT CARD MUST BE DISPLA YEn ON STREET SIDE BUILDING FEE OF LOT IN PERMANENT, SUBSTANTIAL MANNER, AND $ 3 IN A CONSPICUOUS. SHELTERED LOCA'nON, ACCESS- PLUMBING FEE 2,64 .00 .IBLE TO THE INSPECTOR. PERMIT MUST REMAIN DIS- PLAYED tnmL AFTER FINAL INSPECTIONS. ONE COPY hAPPROVED PLANS. BEARING BUILDING DEPART- STAMPS. MUST BE KEPT ON THE JOB SITE. AVAIL- ABLE TO mE INSPECTORS AT THE TIME OF ALL IN- $9 841 50 SPECnONS. ,,-:.' TOTAL FEE ,. ,'.. \' ~~'X lbUJ THIS PERMIT BECOMES NUll AND VOID IF WORK IS NOT COMMENCED WITHIN nun.." DAYS OF IS- SUANCE OR IF WORK IS SUSPENDED"'FOR A PERIOD EXCEEDING ONE HUNDRED AND TWENTY (120) DAYS. ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING nns TYPE OF WORK SHALL BE COMP WITH. THE GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR C L THE PROVISIONS OF ANY LOCAL, STATE OR FEDERAL LAW REGULATING CONSTRUCTION OR FORMANCE OF CONSTRUCTION, TInS PIRMlT IS NON- TRANSnRABLE. NON-MAJlDTABLE -ASSIGNABLE ANY An"nfP'l'ID TRANSP'IR, SALI OR ASSIGNMINT OF SAID PERMIT -7ft ~REVOCAnON OF SAID PERNIT. SlGNATURE OF OWNER. CONTRACTOR OR AUTHOR. mBER~r L. !ZED AGENT .. ~ omCIAL ",.AlLUUTO COMPLY WITH THE '~CS' I BY .t:o~ ~ hr?^- LIEN LAW CAN RESULT IN THE PROrERTY OWNER PAYING TWICE FOR BUILDING C 2 1 5 8 1 IMPROVEMENTS". PERMIT ELECTRICAL FEE $2,356.50 ....