12/20/2006 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
December 27, 2006
TO:
Suzanne A. Hutton
County Attorney
ATTN:
Kathy Peters
Executive Assistant
Pamela G. Hancoc/lfJ;v
Deputy Clerk U
FROM:
At the December 20,2006, Board of County Commissioner's (BOCe) meeting the Board
granted approval and authorized execution of the following:
.
Agreement between Monroe County and Larry R. Erskine, P.A. to provide legal services
to the County for real estate closings and related matters and to be available for other cases if
authorized. Enclosed is a copy for your handling.
) Revised Settlement Agreement in Lucy Ladd v. Monroe County, Florida, Case Ino.
CA-K-06-952. Enclosed is the original Agreementfor your handling.
Should you have any questions please do not hesitate to contact this office.
cc: Finance
File
[N THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
LUCY LAOO,
Petitioner,
v.
CASE NO. 06-952-CA-K
MONROE COUNTY, FLORIDA
A politiGal subdivision of the
State of Florida,
Respondent.
/
REVISED SETTLEMENT AGREEMENT
This Settlement Agreement entered into this)()-0day of Del<=' Mhpp_
2006, by and between Lucy Ladd, Petitioner in the above-regard proceedings and
Monroe County, Florida, a political subdivision of the State of Florida, Respondent in the
above and foregoing proceedings, and
WHEREAS, an action for a Writ of Mandamus has been brought by Lucy Ladd,
Petitioner, in the Circuit Court in the Sixteenth Judicial in and for Monroe County,
Florida, in which Monroe County, Florida is named as Respondent, as captioned above,
and
WHEREAS, The Petitioner is an owner of real property in Big Pine Key, Monroe
County, Florida, and
WHEREAS, The Petitioner is the owner of a legally platted lot in a residential
subdivision, lawfully platted by Respondent, Monroe County, to wit: Lot 14, Block 3,
Pine Channel Estates, Section 2, as is recorded in the Public Records of Monroe County,
Florida at Plat Book 6, page 2, in Big Pine key, Florida, and
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WHEREAS, The Petitioner's properties are zoned "Improved Subdivision" by
Respondent Monroe County. The zoning designation "Improved Subdivision" allows for
the construction, "As of Right" of "detached dwellings of all types" which definition
includes single family homes, pursuant to Section 9.5-242 of the Monroe County Land
Development Regulations, and
WHEREAS, The Petitioner's predecessor in title applied for a permit to build
"detached dwelling" to wit; a single family home, on the subject property in Big Pine
Key, Monroe County, Florida. The application for the permit was in the form prescribed
by the Re,spondent County. The Petitioner's predecessor in title paid the required fee.
The Petitioner's predecessor in title was advised by the Respondent County that their
building application was in compliance with the requisite permit procedure, and
WHEREAS, upon the receipt of the notification of their compliance with the
building permit application, the petitioner's predecessor in title then made application
under the Dwelling Unit Allocation System (hereinafter referred to as RaGa) pursuant
to Section 9.5-120 et seq. of the Monroe County Land Development Regulations. In
order to comply with the requirements of the RaGa Act, in addition to having obtained
complian<:e with the building permit application, the Petitioner is expended substantial
funds, as a condition of obtaining a RaGa, and
WHEREAS, at the time of the filing of the application for the Building Permit,
and the RaGa allocation, the Petitioner's predecessor in title was qualified under the
then applicable Monroe County Code of Ordinances for an affordable housing RaGa
allocation. The Petitioner's predecessor in title's application for a RaGa allocation was
found insufficient for the years 1995, 1996, and 1997. In 1997, a member of the
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Respondent County staff advised the Petitioner's predecessor in title if the application for
a ROGO allocation were amended to request a deed restricted affordable home that
amendment would insure the issuance of the ROGO allocation, and accelerate and
expedite the processing necessary for the issuance of the permit to build a single-family
home, and
WHEREAS, acting in reliance on the Respondent County's employee's advice,
the Petitioner's predecessor in title amended their application to request a construction of
an affordable home, which, at that time, the Petitioner's predecessor in title was eligible
to receive, and
WHEREAS, as a direct result of the Petitioner's predecessor in title's
amendment to its building application for an affordable home, the ROGO allocation was
approved and issued by the Respondent County and Petitioner's predecessor was issued a
ROGO Allocation for the construction of a single family affordable home on the subject
property. Pursuant to Section 9.5-122(c)(3), of the Land Development Regulations, the
Petitioner's predecessor in title received notification of their successful completion and
entitlement to an ROGO Allocation Award. The Petitioner's predecessor in title
requested the issuance, and delivery, of a building permit for their single family homes,
and
WHEREAS, the permit issued was given the number 95-1-743 by the Respondent
County but was not issued, and
WHEREAS, in March of 2002, the Respondent County initiated Beneficial Right
proceedings for properties similarly situated to that owned by the Petitioner, pursuant to
Section 9.2-171 of the Monroe County Land Development Regulations; and
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WHEREAS, thereafter, A Beneficial Use hearing was held which resulted in a
Propos~:d Beneficial Use Determination issued by Special Master J. Jefferson Overby on
28 May, 2002, and
WHEREAS, thereafter, on 19 June, 2002, the Board of County Commissioners
for Respondent Monroe County unanimously passed Resolution No. 263-2002 approving
the Proposed Beneficial Use Determination issued by Special Master J. Jefferson Overby,
and
WHEREAS, the parties after due consideration have agreed to resolve all issues
between them as memorialized in this Settlement Agreement,
NOW THEREFORE, it is AGREED AS FOLLOWS:
I. The recitations named above are incorporated herein as if fully set forth
and to which the accuracy thereof the parties hereby agree.
2. Petitioner will transfer her affordable housing permit, Numbered 95-1-743
to the Florida Keys Chapter of Habitat for Humanity. The County deems
Permit Number 95-1-743 to be a viable permit suspended only due to
administrative action and for which a new period for the commencement
of construction will be determined upon tendering to Habitat for Humanity
the sum of Fifty Thousand Dollars ($50,000).
3. Petitioner will donate to the Florida Keys Chapter of Habitat for Humanity
the sum of Fifty Thousand Dollars ($50,000) upon the issuance of the
market permit to the Ladds to assist in the construction of the home using
the above-reference affordable housing permit.
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4, Momoe County will issue a market rate building permit for Lot 14, Bock
3, Pine Channel Estates, Section 2, Monroe County, Florida, to Petitioner
within ninety (90) days of the date of the approval of this Agreement by
the Court. If a market rate ROGO allocation is needed for this issuance, it
will be tendered from the next available quarterly allocation for Big Pine
Key.
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.',
Petitioner will pay all permitting and impact fees required for the issuance
of this market rate building permit.
6. Petitioner will be required to submit plans for approval for the issuance of
the market rate building permit to the Planning Department, which plans
will be required to be acceptable and otherwise in compliance with
standard approvals by the Planning and Building Departments.
7. Each party will bear its own attorney's fees.
8. By execution of this Settlement Agreement Petitioner acknowledges this
is in full satisfaction of all claims which Petitioner makes against the
Respondent and releases Respondent from any claim alleged in her
petition other than for the relief and privileges which are set forth in this
Settlement Agreement.
WITNESS all the parties appear and set their hands and seal this the day and year
first above written.
PETITIIONER
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Lucy Ladd
Read and approved by:
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Attorney for Petitioner
Danny 1.. Kolhage
County Clerk
G~
Deputy Clerk
'E:, 2 0 2006
Approved for form:
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f /UY?1/ V ~
Robert B. Shillinger, FBN: 58262
Chief Assistant County Attorney
Attorney for Respondent
Witness
MI21J'\[\')\~ S'IlFIIN\lJI'S
Printed Name of Witness
For Respondent Momoe County
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