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Resolution 117-1988 - ...- Monroe County Commission RESOLUTION NO. 117 -1988 A RESOLUTION OF THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY, FLORIDA, AUTHO- RIZING THE MAYOR TO EXECUTE AN AGREEMENT BY AND BETWEEN THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AND SUMMERLAND KEY PROPERTIES, INC. CONCERNING RESTORATION OF CERTAIN PROPERTY SITUATED ON SUMMERLAND KEY, MONROE COUNTY, FLORIDA. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Mayor is hereby authorized to execute an Agreement by and between the Monroe County Board of County Commissioners and Summerland Key Properties, Inc., a copy of same being attached hereto, concerning restoration of certain property situated on Summerland Key, Monroe County, Florida. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the \';'')'c'day of ~Qf'~, A.D. 1988. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By:g~",i- C I N' (SEAL) At tes t :DANNY L. KOLHAGE, Clerk ..st. t Q1J.1. t ~~ , LERK ( '-' .Oc-. I 11:",0,'7 'trot) :'~S TO FOi7f./: /1. :n <~I ",'~n'~f'~!:'''''',:'' ") , ", ,.., ',,,,,", ,''''-;-/ "'~ ;(~'-c~':~e(i/v<- ,~~ { RWjbpl AGREEMENT This Agreement is entered into this _ day of March, 1988, between the Monroe County Board of County Commissioners (the "County") and Summerland Key Properties, Inc. ("Summer- land"), the owner of certain real property described in attached Exhibi t A (the "Property") and located in Summerland Key, Monroe County, Florida, with respect to the following cir- cumstances: A. On February 20, 1980, Summerland filed a joint ap- plication with the Florida Department of Environmental Regula- tion ("DER") and the United states Army Corps of Engineers (the "Corps") for a permit to excavate approximately 1. 5 million cubic yards of fill from approximately 23 acres of land on Summerland Key, and to construct a road for hauling the ex- cavated fill. B. On May 5, 1980, the South Florida Regional Planning Council voted to approve the Project as proposed in Summer- land's joint-application to DER and the Corps. C. On September 26, 1980, DER wrote Summerland a letter stating, "[a]t this time no permit is required for your project by this department, and there are no objections to your propo- sal." D. On October 29, 1982, the Corps issued Summerland a permit to temporarily discharge 17,780 cubic yards of fill for construction of a temporary haul road for the borrow pit. By letter dated November 1, 1985, the Corps extended Summer- land's permit until October 29, 1987. E. On June 9, 1980, Summerland applied to the County for permission to excavate approximately 1.5 million cubic yards of fill from the area described in its joint application to DER and the Corps. Because of the size of the property in- volved, Summerland's application was made in accordance with Monroe County's "Major Development Ordinance" (Ordinance No. 21-1975 codified at Sections 6-221 through 6-245, Monroe County Code). F. On July 22, 1980, the County Zoning Board (the "Zoning Board") held a public hearing on Summerland's major development application and on July 24, 1980, issued resolutions (a) approving the community Impact study submitted by Summerland as part of its major development application and (b) granting Summerland preliminary major development approval subject to the following conditions: (a) The recommendations of John carbon, Monroe County Environmental Biologist, be transferred to the Final Drawing as per John Petsche survey. (b) Dedication of land to Monroe County, with legal substance to be concurred upon by Applicant's attorney and the County Attorney. (c) Access (ingress/egress) be afforded to the Property. G. On September 25, 1980, the Zoning Board held a public hearing on Summerland's request for final major development approval, and on October 2, 1980, the Zoning Board issued a resolution granting Summerland final major development approval subject to the condition that: Final Approval shall not become effective until such time as an agreement has been delivered to the office of the County Attorney, properly executed, which would call for the passing of this property after 15 years from the date of governmental approval (Board of County Commissioners) and permits and that conveyance of title will take effect without the County having to take any further action. H. On October 6, 1980, the County transmitted to the Department of Community Affairs ("DCA"), pursuant to Section 380.07(2), Florida Statutes, a copy of the final major develop- ment approval issued to Summerland on October 2, 1980. DCA did not appeal the major development order as permitted under Section 380.07(2), Florida Statutes. I . On October 21, 1980, the Board of County Commissioners approved Summerland's proposal to excavate the Property, pursuant to section 19-111(b) (2), Monroe County Code, and, as set forth in Resolution No. 263-1980, authorized the execution of an "Agreement of option to Purchase" between Su_erland and the County in satisfaction of the condition contained in - 2 - the Zoning Board's resolution of October 2, 1980. This Agree- ment was duly executed by the parties and recorded in the Monroe County Public Records at Official Record Book 822 Pages 1029-1034. J. On December 9, 1980, the Building Department issued Summerland permit no. 7508A for the excavation of the Property. K. Sections 6-16.1(5) (a)13a and 6-39(a) (13)a Monroe County Code, provide for the payment of a flat annual fee for excavation activities. L. On November 12, 1981, Summerland applied for and received annual renewal excavation Permit no. 8847A. M. On December 29, 1982, Summerland applied for and received annual renewal excavation permit no. 10045A. N. On February 27, 1984, Summerland applied for and received annual renewal excavation permit no. 11483A. O. On December 12, 1984, Summerland applied for and received annual renewal excavation permit no. 12650A. P. DCA did not appeal any of the annual renewal excava- tion permits referred to in paragraphs J through o. Q. On December 12, 1985, Summerland applied to the Building Department for an annual renewal excavation permit. On January 10, 1986, the Building Department issued Summerland annual renewal excavation permit no. 14578A. R. On March 6, 1986, DCA appealed annual renewal permit no. 14578A to the Florida Land and Water Adjudicatory Commission pursuant to Section 380.07(2), Florida Statutes. S. By agreement dated December 19, 1986, the County, DCA and Summerland stipulated to the dismissal of DCA's appeal. T. On January 16, 1987, Summerland applied for and received annual renewal excavation permit no. 16740A. On March 6, 1987, the County and Summerland agreed to the cancella- tion of permit no. 16740A, no further County permits beiNJ required for the excavation of Summerland's property, except ~(~ those required hereinafter. - 3 - u. On March 17, 1987, the Florida Land Water and Ad- judicatory Commission entered a Final Order of Dismissal on DCA's appeal of permit no. 14578A. V. By virtue of the Major Development Approval for mining on the Property, the County Commission's authorization of the excavation of the Property, the County's continuous issuance of the annual renewal excavation permits referred to in para- graphs J through Q, and Summerland's mining-related activities on the Property, excavation was the existing authorized use of the Property on september 15, 1986. continuation of mining activities on the Property will not result in an adverse effect on the community character of the Summerland Key area. W. Summerland and the County are desirous of settling the various disputes between them relating to Summerland's past and future excavation of the Property and Summerland' s ac- tivities in connection therewith. IN CONSIDERATION of the foregoing, the mutual cove- nants contained herein, and other good and valuable considera- tion, the receipt and sufficiency of which are hereby ack- nowledged, the County and Summerland agree as follows: 1. The foregoing recitals set forth in paragraphs A through W above are true and correct. 2. The County shall cancel and nullity the "stop work" notice on the Property upon execution of this Agreement. 3. Summerland shall establish a credit at a local nursery in the amount of $2,500. The County and Summerland agree that this amount is sufficient to enable the County to acquire 40 thatch palms 2 feet in height, with liners, and 20 joewoods 2 feet in height, with liners, for use by the County in landscaping and revegetation projects. 4. Summerland shall remove any debris which has been placed in wetlands on the Property. 5. Summerland shall pay 2 biologists to spend a total of eight hours each collecting, sorting and baqqinq se.as from a tropical hardwood hammock approved by the County. The - 4 - collected, sorted and bagged seeds shall be delivered to the County. 6. Paragraphs 3, 4 and 5 shall be performed no later than April 30, 1988 unless the County Planning Director agrees to a later date. 7. until such time as the Property is fully ex- cavated, Summerland agrees to remove any exotic vegetation which grows on the portion of the Property which has been cleared for excavation. 8. Summerland does not intend to use the proposed access road through wetlands previously approved by the County and permitted by the Corps of Engineers. Instead, Summerland intends to use an existing access road to the site which will eliminate the impact on wetlands which would result from con- struction of the proposed approved access road. Summerland shall submit to the Monroe County Planning Commission an ap- plication for modification of the major development approval to allow use of the existing access road. Because Summerland has agreed to convey the property to the County for a public park when excavation is completed, Summerland agrees to improve the existing access road to the extent necessary so that it will be serviceable for public park purposes. Summerland shall also submit to the Monroe County Planning Commission an application for modification of the major development approval to provide that the conveyance of title to the Property to the County, required by the major development approval, shall occur fifteen years from the date of this Agreement. 9. Except as provided herein, Summerland may con- tinue to excavate the Property in accordance with the terms and conditions of the County's major development approval of October 2, 1980 and no further County permits or approvals shall be required. Summerland shall continue to pay the County annual renewal excavation fees as long as the Property continues to be mined. - 5 - 10. On February 28, 1986, the Monroe County Board of county Commissioners adopted land development regulations (Volume III of the Monroe County Comprehensive Plan) which were approved, as amended, by the Governor and cabinet, effec- tive September 15, 1986 (the "Land Development Regulations"). with respect to future excavation activities, the applicable provisions of the Land Development Regulations are contained in section 1-102(C). To the extent not inconsistent with the continuation of mining operations in accordance with approvals and permits of other governmental agencies, Summerland agrees to comply with the County's Land Development Regulations concerning resource extraction activities, set forth in Sections 9-1501 through 9-1503 of the Monroe County Comprehensive Plan, Volume III. 11. Notice. All notices of request, demand and other communications hereunder shall be addressed to the parties as follows: As to Summerland: Summerland Key Properties, Inc. 15223 Cape Drive South Jacksonville, Florida 32226 with a copy to: Keycology, Inc. 414 Simonton Street Key West, Florida 33040 As to the County: County Administrator Monroe County 310 Fleming Street Key West, Florida 33040 With a copy to: County Attorney Monroe County 310 Fleming street Key West, Florida 33040 12. Miscellaneous. (a) This Agreement shall be binding upon and shall inure to the benefit of the parties and their heirs, successors and assigns. (b) This Agreement contains the entire agreement between the parties with respect to the subject matter hereof. This Agreement incorporates all previous understandings, discus- sions, agreements, representations and intentions with respect to the subject matter hereof and no representations, either - 6 - oral or in writing, express or implied, shall be binding on the parties with respect to the subject matter hereof unless expressly set forth herein. (c) No change or modification of this Agreement shall be valid unless it is in writing and executed by the party to be bound. (d) This Agreement is not a "development order" wi thin the meaning of section 380.07 (2), Florida Statutes (1986 Supp.) and as defined in section 380.031(3), Florida statutes (1985). (e) This Agreement shall be construed in accor- dance with and governed by the laws of the State of Florida. WITNESSES: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS BY: STATE OF FLORIDA ) ) SSe ) fiF-P,'::': ;r;) ..'-'is TO FORM Ai','!} i.''(' , S!/r-nCft:t,;Cy' ~-, ,,/~d2;:4~e ~' .~, n... :.,.li';.'1'" t....'{ice //;,. "" ,';,' ",> y COUNTY OF MONROE I HEREBY CERTIFY that on this day before me, an officer duly authorized to take acknowledgements, personally appeared as for the Monroe County Board of County Commissioners, to me known to be the person who acknowledged before me that he/she executed the same. WITNESS my hand and official seal in the county and state last aforesaid this day of March, 1988. Notary Public My Commission Expires: - 7 - WITNESSES: SUMMERLAND KEY PROPERTIES, INC. By: STATE OF FLORIDA ) ) 55. COUNTY OF MONROE ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized to take acknowledgements, personally appeared , as for Summer land Key properties, Inc., to me known to be the person who acknowledged before me that he/she executed the same. WITNESS my hand and official seal in the county and state last aforesaid this day of March, 1988. My Commission Expires: - 8 - LEGAL DESCRIPTION Situated on Summerland Key in the County of Monroe and State of Florida and known as being a part of Government Lot 6, section 26, Township 66 South, Range 28 East, and bounded and described as follows; Commencing at the intersection of the centerlines of Cross Street and Center Road as shown by the plat of Niles Channel Subdivision recorded in Plat Book 5, Page 9, of Monroe County Public Records, said centerline of Center Road being also the easterly line of section 26, Township 66 South, Range 23 East; thence bear South along the said centerline of Center Road, 325.00 feet to its intersection with the Southerly line of Government Lot 6, section 26, Township 66 South, Range 28 East, thence bear West along the said southerly line of Govern- ment Lot 6, 425.00 feet described; thence continue bearing West along the said southerly line of Government Lot 6, 2322.51 feet; thence bear North 229.98 feet; thence bear North 68 degrees. 44 minutes, 44 seconds East 985.55 feet; thence bear East 408.00 feet; thence bear South 73 degrees, 12 minutes, 25 seconds East 1040.37 feet; thence bear South 286.67 feet, back to the Point of Beginning and containing 24.1074 Acres. EXHIBIT A - 9 -