03/21/2007 Agreement
Memorandum
To:
Suzanne Hutton. County Attorney
Isabel C. DeSantis, . ~)
Deputy Clerk p
Tuesday, March 27, 2007
From:
Date:
~vV'~~.'v"v~"v
At the BOCC meeting of March 2', 2007, the Board approved the following:
Settlement Agreement in the Code Enforcement case of Monroe County, Florida
v. William Jordan and Hazel Jordan, Case No. CE04080089.
Settlement Agreement in the Code Enforcement case of Monroe County, Florida
v. George C. Merkh Jr., Case No. CE06010082.
Settlement Agreement in the Code Enforcement case of Monroe County, Florida
v. William and Nellie Fitch, Case No. CE05070050.
Settlement Agreement in the Code Enforcement case of Monroe County, Florida
v. Loni Ginn, Case No. CE05040036.
Settlement Agreement with the Eager Family Limited Partnership.
Attached hereto are duplicate originals of the subject documents for your
handling. Should you have any questions, please do not hesitate to contact me.
Cc: Finance
/File
MAR-15-200? 11:35 F~OM:
TO:C352l528-2949
P.002/008
SETTI,~MENTAGREEMENT
d
This Settlement Agreement ("Agreement") is entered into this JI - day of March, 2007,
by and between Monroe County, Florida, a political 8llbdivision of the Slate of Florida,
hereinaltcr ("County"), and the Eager FllIlIily Limited Partnership, LP, a Florida Limited
Partnership, hereinafter ("Eager").
WITNESSETH:
A. WHEREAS, on or about February 6, 2006, Eager appealed the decision of the
CounlY'S Planning Director and the County's Planniug Staff detennining that the Calusa
Campgr'tmnd Condominium Association Property ("Calusa Property'') needed \0 be platted; and
II. WHEREAS, the current Land Use Designation for the Calusa Property i. "R V";
and
C. WHEREAS, on or about February 6, 2006, Eager appealed the decision of the
County"l Planning Department which alleged that certain RCCI"elltional Vehicle Site
Condominiwn Units (''Units'') within the Calusa Property are subject to the regulations in the
Monroe County Code ("Code") which require that specific buffer areas be provided; and
D. WHEREAS, on or about February 6, 2006, Eager al'PClllled the alleged violations
(''Violations'') of the Monroe COMty Code issued by the COlll1ty to several owners of Units
within the Calusa Property; and
E. WHEREAS, the above appeals filed by Eagcr are currently pending before the
County's PlatUling Commiuion; and
F WHEREAS, County and Eager mutually desire to effect a resolution for any and
all landusc and code enforcement matters regarding the Calusa Property, including, but not
limited 10, the appeal of the County's plaIting determination, the appeal of the County's buffer
area violation allegations and the appeal of the purported violatiOlls issued by the County
concerning existing building and Code Violations at the Cahtsa Property; and
G. WHEREAS, there is a dispute about the platting requirement for this RV Park. its
sites and the buffer yard/space requirements;
NOW, THEREFORE, in consideration of the mutual covenanl..', promises and
representiltions contained herein and for other good and valuable consideration. the receipt and
sutlicienc:y of which are hereby acknowledged, County and Eager hereby agree as follows:
1. REelT ALS. The furegoing recitals are true and correct and are incorporated
herein by reference as if set out in full in the body of this instrument.
2. PLATTING. The recorded Site Plan of the Caluaa Property dated May 4,2001
and recorded in Official Records Book 2031, Pages 1921.28 of the County's Public Records is
hereby approved and acknowledged as the Calusn Property Site Plan ("Plnn") for all pUl'poses
going furwnrd. The CoWlty hereby acknowledges and covenants that it will not request or
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oth..wise l'CQuirc that Eager, the ownen; of Units within tbI: Calusa Property, or the duly fanned
IlSSOI:lation representing the own""" plat or rcpIat the CaluSB Property so 1008 lIS the Calusa
PI'OpfII!)', or any portion thereof, i. used accordiug to iu cu~ land use designation. Tho;
Comity further acknowledges and agroes that the buffer yard/area requirement'l in the Monroe
COIlllly Code ....e satisfied and met for all P\lfPOSQ fur the curn:nt lISe,
2. RECOGNIZED UNITS. The County hereby acknowledges and agrees the
e..lwla Property <;ontains "I'bn:<; Hundred Sixty-Seven (367) Condominium Uni\8, all Qf which
are shown on the Plan and all of which lIIay be used for any Plll"pose permitted under !be Code in
effect as of the date of Ibis Agrllemenl, which Code may be modified from time III time.
3. BUFfERING lvIATmRS.
a. It is unda:!llood and agree(! tlIal Eager does not asree or admit in
any way that buffer yards or areas are required foe !be ll\lbjcct
Units or other areas in or about tile condominium, its UlIits and
common areas. nnsagrectnent is entered inlo by Eager- ""Icly as a
senl"'llent fUr convmlence III ","Dive all of the ihues relellna: to
the eondominillll1 between Eager and Monroe County.
b. eager agrees to donate Ninc and Thirty-Two Hundn:dths (9,:l:;t:l:)
acnlS of unimproved property (~Buffer ProPerlf') fur conservation
pl1tJlO8es, deacribed more particubu1y 011 Exhibit "A" allaellercl
lIcreto and Incorporated horein by roforenco, which i8 loc:atcd cast
of the CaIusa Propertyanel which hu a land use cIcai/ll1alion of
SubW'bon ResidenliaJ (SR) on the COWlly's land U5(: mllp. In
~clumge for E'llCf'1 donation of Ibo Buffer Property to the
County in fee simple title, !he County agrees 10 irnmtldiately
dismiss, sbanclon and forever terminate any and all enforcement
efforts and Proceedlllllll regarcling the required buffer areas filr
Units 114-126 and Umts481-490 at the Calusa Property IS sltowr>
On the Plan, and further agreu in ~snition of the I8et that the
Buft"cr Property will be held in perpetuity without development
Ih8t Units 114-126 and Units 481-490 iibell not be required 10 have
a but'fer yard. The County fur1her acknowledSClll and lIgfees thut
Eager's deeding oftbc Dllffer Property tet the County is hereby
<;()IIsidcn:d c:omplctc mitigation, total latistlldion and final
rcsohllion of the pending bu1lW' yard enfo-....t maIIen and 011
isSU8S relating to the Plan and the development of the Calusa
Property IS 8 condumlllium 10 Ions 3$ the C8klaa Property, or Oldy
portion theraot; is u8ed according to itl ourrent land ullC
designation,
e, The County further covenant3 thai the Buffer Property will never
be cleared Of Improved hecellBe, as coosideration fOf encering into
this Agreemcn~ all TransfCJllble Development RisJIts ("TORs"')
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11RR-15-2007 11: 35 FROM:
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P.004/008
c\lJTently existing on thc Buffer Property will be provided 10 Eager.
Thc County agrees to maintain. the Buffer Property in i!$ natural
state or as a public paIk, in perpetuity, and also agrees 10 name the
Property after GEORGE W. EAGER, SR. should a representative
of the Eager Family so request. The Warranty Deed from Eager
shall contain an ellpress Deed Restriction providing that the Buffer
Property cannot be cleared and that no residential or commercial
buildings can be construeted upon it. The Deed Restriction shall
be enforceable at law or in equity by Eager, Eager's assigns,
designees Or successors-in-interest COUllty must be .ati.fied that
marketable title is provided to County by Eager. TIle transfer shall
occur within 45 days after the date above.
4. TRANSFERABLE DEVELOPMENT RIGHTS. The County recoBllixes Four
and Sixty-Six Hundredths (4.66) TORs on thc Buffer Property. Upon final approval of this
Agreement, as provided herein, County will issue all appropriate docUIJlentation and take all
action ~lecessary to immediately provide Eager with access to the TORs. Eager in its sole and
ab.olut" discretion may retain, transfer, sell, or dispose of the TDRs as Eager choose.'l, and the
County hereby covenants and agrees not to object to or fail to consent (if consent is required
under the Code) to Eager's use of the TORs. Use of tire TORs shall be governed by thc
applicable law effective on the date of the use, that being tbe date of final development approval
by Courtty,
5. BlJlLDINO PERMfI'S. The County agrees to issue Building Pennits
("Pennits")for utilities and ill order to remedy life-safety and health issues prior 10 settlement of
all Cod" Enforcement actions at Calusa Campground. If th= are no violations 011 Units 1-20,
Units 114-126, and Units 481-490, any otherwise legal pennitting shall be allowed, on a unit by
unit ba"is.
6. VIOLATIONS. Upon e"eGlllion of this Agreement, lhe County agrees to dismiss,
cancel, 'mid and close out all existing (if any) Violations issued against the owners of record for
Units 1.20, Units 114-126 and Units 481-490 with respect to platting, lot size, and/or buffer
yards. Further, the County agrees that, upon execution of this Agreement, the above Violations
will be deemed paid, remedied and completely satisfied now and forever so long as the Calusa
"roperry', or any portion thereof, is used according to its current land use designation.
Notwithitanding any contrary provisions contained herein, this Agreement will nol preclude the
County from exercising its enforcement powers to prosecute other current or future code
violations of owners of Units in the Calusa Property unrelated to this Agreement.
7. TRANSFERABLE RooO EXEMPTIONS.
a. The County recognizes the existence of Twenty-Eight (28)
Transferable ROGO Exemptions (TREs) belonging to Eager, for
which the County will issue all appropriate documentation and
take all appropriate action to provide to Eager upon final approval
of this AgreClJlent as provided herein. The TRE. may be used by
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MRR-1S-2Iil07 11:]6 FROM:
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P,OOS/OO8
Eager, its IJ'aDsf~, heirs lllll1 assigns as determined by the
regulatiODli in effect at the t;imc of transfer l;l<cqrt ... otbmwise
provil1cd fur herein,
b. The 28 TRBs arc lraasicnt and clltremly may be used for transfer
of ROOO exemption! allocation to Affordahle Housing _ 9,S.
120. 4(b)b and abo can be lranSfetrcd 10 hotel ""cllor motel uses.
c. 'The TREli may be used notwithst3JIding and during illY
moratorium or other restriction on me l!lII1lIfer of recreational
vehicle sites such as tblit impolled by Monroe County Section 9.S-
120.S and 9.5-120.6.
d. The TRE. meel the criteria for redevelopment off site, to any
planning area in Monroe County, The receiver site mOlll meet the
cril...ia in the Monroe County Code for
developmcntlredevelopment except for that requiring a ROGO
sCOte equal 10 Or greater than the score of the 8CIlder site,
e. TREs may not be used un Tier I ptOpci1y if the Tier system is
implcmtnlcd as designated by Monroe County at the tillle of the
lTamfer,
r In the evenl the TREs arc governed by less restric:live provisions
fill UlleS in the ftJture, tlte more liberal shall apply, In no event shall
the uses be diminished by future chanaes in applicable ordinances
or land * regulations,
8. GLOBAL SFITI.EMENT. 1'his AgJ'IlCIIIeIIt i$ entered into relative to and in
consideration of the above-referenced appeal. brouellt by Eaaer and is iotended to resolve all
issues addl1lllSed in thoso appeals with prejudice, and is further intended to resolve IUId settle
only U>e platting and buffer yard lftAIten addressed herein between the parties. and the n:fCl'l:llccd
Unit owncra, as to the Calu.. Property. It i. the inteot of the County end Ealler lhat all
ViolBlioDS with respect to platting, lot size, andIar bufft:r yards. be cancelled, satisfied, IlJld
clOlIed out as to Eager. the developmenl of the """dominium lUId the abov~referenced UnIts as
of the date oflhia Agreement.
9. APPROVAL BY )'lOARD OF COUNTY COMMISSIONERS. NotwltbslaDding
any "'''1\1rIlry provision above, the County's ICtCptl1llce of this Agreement I. subje<:t to the
appro..al of the Monroe County Board of County Commissioners ("BOCC"). Should, for llIlY
reason. the BOCC fail to aPl'fO~ m. terms orlhis Ap'eement, it shall be DC 00 force or elfcct. If
the Agreement is approved by the BOCC, it IiIaIJ be fully binding on the parties as of the above
dale,
10. AITORNEV'S FEes. Each party will be responsible for its own attorney's fees
inc\lm:d as part of this Agreement.
II. JNTERPRE1'A TION. The sinlular sball include !be pllDlll, the plural the staeular
and lI.e of any gender shall include all ge:ndera. The helldiDp conUlincd herein are for
c:onvenience and ""terence only, and in no way detlne or limit the scnpe and content of this
~lCllI or ;l1llDY way affecl its proviaions.
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MW-15-2007 11:36 FROM:
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12. seVERABILITY. If lIIlY provision of tItis Agrcanent is judged to be
unenfurceable, such provision shall be ineffective 10 1Ile c::lllellt of such W1ll11forceabilily without
invalida,ting the nm1l1inins provisions hcnof. If any provialon of thIs AllJeetlleot i. capable of
twe (2) COIlSlnlctions. <loC (J) of whictJ would render the provi!ion void and the 01her of whictJ
would render the provision valid, it is the intent of Ihe parties that SIlCh provisiDn have the
meanlnjl which renders il vaJld.
13. RECORDATION. A nllly CJteculed copy ofdu. Agn:c:ment signllll by all parties
hereto, sl>all be recorded in the Public Record.. of M_ County, FlOrida lit Eager's cxpm.'lO
which shall be rcoorded so 118 to be fOWld in the chain of title.
14. AMENDMENT TERMINATION. This AIlI'"",ent may llOt be amended,
modified or terminated except by written in91rmncnt aigned by the patti... l1ereto and reconlecl in
the Publ1c Records of Monroe CoWlly, Plorida.
n~ WITNESS WHEREOF. the puti. appear Ilnd have set their IuIIIdJ and 8CIIIs DO the
dete fil'flt above written.
W~SES: f\~
(J ).:gj......?' CL.t j~..Ll..l9-z-.
_~:P-r\ O~~<;
Print Name
(~~~k~'~
,-\PXY'\Ser L,~
Prinl Nam,e
EAOBll FAMILY LIMITeD PARTNERSHlP. LP,
:~~--?-
OEOROE! W. EAGER, JR., as President of
Eager Investments, Inc., a Florida CDlp018tion
OIlIIcrall'artner of Eager Family Limited
Parlnenhil', LP.
5T A TE OF FLORIDA
COUNTY OF MElNR6E Leuy
)
)$8;
)
Thl: fore/lUina Instrument WIIB aclmow1edScd before me this ..IS.. day of
1Y\" rfl.Y\ - ,2007, by Gl:Orse W. Eager in his capacity ... Pra,idcnt Df Bager Investments, lite
General Panner of the Eager FllIIlily Limitccl Partnenbip, LP. 8 P10rida limited f'arlneI'8hip. who
is autlwri2:ed to bind the Partnership. He is personally known to me or {.IS produced
as idetllificition.
(NOTARY SEAL)
.,'!.;iii.:>!!:~ Jennifer L. Munden
i!!li~ Commission tI 00481636
~" Expires October 13, 2009
... ;/j;fi:~ "B<ll'IdedT!I:ll'Fain.IIItW8MI.1M eoo-su-70t9
~huV-~'Uu~
N tary Publi o,r I'lorida
rilll Name: '~~Y\l'1\ f'e.r L,l\J\lA-Y\':ien
Commiltllon No.: l)n4P,/ lo31p
My Commission Expires: , () - '3 - o::J
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GUSc:ROWELL, ESQ. ,
Atlolnoy for Eajp" "_it, LimItod Pmmct1hip, LP.
a Florida Umited Pll11llorellip
A11'ES;T:
DANNY L KOLHAGp., CLeRK
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Depllly Clerk f
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MONROE COUNTY, FLORIDA
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MOlW"OI COUNTY AnollNlry
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