Resolution 370-1987
Monroe County Commission
RESOLUTION NO. 370 -1987
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA,
AUTHORIZING THE MAYOR/CHAIRMAN OF THE BOARD
TO EXECUTE A TOLLING CREDIT AGREEMENT AND
RELEASE BETWEEN MONROE COUNTY, FLORIDA, AND
OCEAN HARBOR DEVELOPMENT CORP. CONCERNING THE
PROJECT KNOWN AS OCEAN HARBOR.
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 Tolling Credit Agreement
and Release between Monroe County, Florida, and Ocean Harbor
Development Corp., a copy of same being attached hereto,
concerning the project known as Ocean Harbor.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 6th day of October, A.D. 1987.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
DANNY 1.. KOLB.i\G.b.:, ~lGJ.'&
ATTEST:
(SEAL)
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APPROVED AS TO FORM
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TOLLING CREDIT AGREEMENT AND RELEASE
THIS Tolling Credit Agreement and Release is hereby entered
into this
da y 0 f
1987, between MONROE
COUNTY, FLORIDA, a political subdivision of the State of Florida,
hereinafter County, and OCEAN HARBOR DEVELOPMENT CORP., a Florida
corporation, hereinafter Developer, whose business address is
87851 State Road 905, Islamorada, Florida.
WIT N E SSE T H:
WHEREAS, an appeal filed by the Florida Department of
Community Affairs delayed the start of construction of the
Developer's project known as Ocean Harbor, located at Plantation
Key, Monroe County, Florida, for eight months from the initial
date of the Zoning Board final major development approval; and
WHEREAS, at some point during 1985, the County misplaced the
Developer's submittals necessary for the issuance of building
permits for a period of approximately seven months; and
WHEREAS, when such records and submittals were recovered
processing was further delayed another eleven months during the
confusion caused by the implementation of the County's new
Comprehensive Land Use Plan and Development Regulations; and
WHEREAS, due to the above described problems, developer has
been delayed twenty-six months; and
WHEREAS, it is mutually desired to resolve any problems
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created by such delay;
NOW, THEREFORE, the parties mutually covenant and agree as
follows:
1. The County hereby extends the time during which devel-
oper may proceed with the project, which is the subject of the
final major development approval Resolution No. 1983-11 of the
Monroe County Zoning Board, until November 1, 1990.
2. In consideration thereof, the Developer releases and
discharges the County for any and all claims, demands, and causes
of action that may arise from the delay caused by the County
described above.
IN WITNESS WHEREOF, the parties have executed this Time
Extension Agreement and Release on the day and year first written
above.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairman
(SEAL)
Attest:
Clerk
An officer of
duly authorized to enter into
such agreements.
Witnesses
..
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY.