Resolution 347-1987I
Monroe County Commission
RESOLUTION NO. 347 -1987
A RESOLUTION AUTHORIZING THE MAYOR/CHAIRMAN
OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, TO EXECUTE A
SETTLEMENT AGREEMENT BETWEEN MONROE
COUNTY, FLORIDA, THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS, AND MARINA DEL REY FISHING
VILLAGE, INC. CONCERNING SETTLEMENT OF THE
APPEAL FILED BY THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS, IN RE: MONROE COUNTY
COMMISSION RESOLUTION NO. 112-1987.
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 a Settlement Agreement
between Monroe County, Florida, the Florida Department of
Community Affairs, and Marina Del Rey Fishing Village, Inc., a
copy of which is attached hereto, concerning settlement of the
appeal filed by the Florida Department of Community Affairs, in
re: Monroe County Commission Resolution No. 112-1987.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 15th day of September, A. D. 1987.
(Seal)
Attest : DANNY Is. KOLHAGE, Clerk
er
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By i r �c'cvK
M yor airman
I AS To rol-PAI
p "6
', 'z:Irr- X,;�
•
STATE OF FLORIDA
LAND AND WATER ADJUDICATORY COMMISSION
w
IN RE: MONROE COUNTY COMMISSION )
RESOLUTION NO. 112-1987, A VARIANCE )
TO THE FLOODPLAIN MANAGEMENT )
REGULATIONS, ISSUED TO
DEL REY/FREDDIE CASTRO IN AN )
AREA OF CRITICAL STATE CONCERN )
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT made by and among Monroe County,
Florida, a political subdivision of the State of Florida ("Monroe
County"); the Florida Department of Community Affairs, an agency
of the State of Florida ("DCA"); and Marina Del Rey Fishing
Village, Inc. ("Developer").
WHEREAS, the Developer is the owner of Lots, 1, 2, 3 in
Block 13, Lot 18, 19 and 20 in Block 10 and Lot 15, 16, and 17 in
Block 9 all being in Key Largo Ocean Shores Subdivision Monroe
County, Florida, further described in Exhibit A which is attached
hereto and made a part hereof (the subject property).
WHEREAS, the subject property is within an area of special
flood hazard designated as a coastal high hazard area (V Zone)
which has a special flood hazard associated with wave wash.
WHEREAS, a controversy has arisen between Monroe County,
DCA and the Developer regarding Monroe County Resolution
No. 112-1987, a variance to the Floodplain Management Provisions
of the Land Development Regulations, the relevant portion of p
which is marked Exhibit B and is attached hereto and made a part
hereof ("the Resolution").
WHEREAS, DCA has filed a petition with the Florida Land and
Water Adjudicatory Commission which appealed the Resolution;
however, all parties desire to resolve the controversy and to
identify the units to which the variance applies and the units to
which the variance does not apply.
NOW THEREFORE, in consideration of the mutual convenants
entered into between the parties hereto to be made and performed,
and in consideration of the benefits accrued to each of the
respective parties, receipt of which is hereby acknowledged, it
is covenanted and agreed to as follows:
Section 1. Incorporation by_Reference. The above
representations are hereby incorporated by reference and are
acknowledged to be true and correct.
Section 2. Consideration. DCA will forebear the variances
for the 299 square foot enclosures with plumbing constructed in
units 4, 5, 6, 9, 10, and 11 of the Developer's condominium on
the subject property. The Developer will not apply
i
0
Monroe County for a Floodplain Management Regulation variance
pursuant to the Monroe County Land Development Regulations for
Units 1, 2, 3, 7, and 8 of the Developer's condominum on the
subject property and Monroe County agrees not to issue any
building permits for enclosures for a use other than parking of
vehicles, elevators, limited storage and building access purposes
for Units 1, 2, 3, 7 and 8 of the Developer's condominium on the
subject property.
Section 3. Execution. This agreement will take effect
upon the signing of it by the last party.
Section 4. Dismissal. Upon executive of this Agreement
the Department will file its Notice of Voluntary Dismissal with
the Florida Land and Water Adjudicatory Commission dismissing its
appeal of Monroe County Resolution No. 112-1987.
Section 5. Enforceability of Settlement Agreement.
Enforcement of this Agreement may be in equity against any
parties or persons violating, or attempting to violate, any
provisions hereof. The Department may also enforce this
Settlement Agreement pursuant to Section 380.11, Florida
Statutes. The prevailing party in the action, or suit shall be
entitiled to recover, in addition costs and disbursements allowed
by law, such sum as the Court may adjudge to be reasonable for
the services of this attorney.
Section 6. Recording. This Agreement shall be filed of
record among the Public Records of Monroe County, Florida, at the
cost of the Developer.
2
Witnesses:
MONROE COUNTY, FLORIDA
By:
Attest
Ty L. KOLFLAGE,
County Clerk j
WAF
-Witnesse MARINA DEL RAY FISHING VILAGE,
INC.
Albio Fr a Castro
STATE OF FLORIDA )
�( COUNTY OFSS:
� )
/ SWORN TO AND SUBSCRIBED before me this l day of
, 1987.
1�'C-tary Stat•� e Florida ^' Large
MV Comr;i:-sicn i:=xp:ros July 1991
ilcnded thru h1laynard Bonding Agency
My Commission Expires:
Witnesses:
��
otary Public
Statd of Florida at Large
FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS
By:
Thomas G. Pelham, Secretary
STATE OF FLORIDA )
SS:
COUNTY OF )
SWORN TO AND SUBSCRIBED before me this day of
1987.
Notary Public
State of Florida at Large
My Commission Expires:
APPROVED AS TO FORIW
AND GAL SUFFICIE y.
By
Atfrar ney's Office
3 _