06/20/2007 Agreement
DANNYL. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
June 25, 2007
TO:
Suzanne A. Hutton
County Attorney
ATTN:
FROM:
Kathy Peters
Executive Assistant
Pamela G. Han~
Deputy Clerk V
At the June 20, 2007, Board of County Commissioner's meeting the Board granted
approval and authorized execution of a Settlement Agreement in Hill Family Investments, Inc. v.
Monroe County, Case No. CA P 07-316.
Enclosed is the original Settlement Agreement for your handling. Should you have any
questions ple'ase do not hesitate to contact this office.
cc: Growth Management
File./
11\1 THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
HILL FAMILY INVESTMENTS, INC.,
A Florida corporation,
Plaintiff,
CASE NO. 07-CA-141-P
v.
MONROE COUNTY, a political subdivision
Of the State of Florida,
Defendant.
I
SETTLEMENT AGREEMENT
The Plaintiff Hill Family Investments, Inc., a Florida corporation, and the
Defendant, Monroe County, a political subdivision of the State of Florida, hereby
agree to settle the above-captioned matters as follows:
Whereas, the Plaintiff owns the subject property which is a series of
parcels having real estate numbers 00502830-000100; 00502870-000000;
00502890-000000; 00502900-000000; 00497620-000000; 00497630-000000;
00497640-000000 and which is located in Commercial Fishing District Five
(CFSD-.5); and
Whereas the Plaintiff desires to submit an application to amend its major
conditional use to construct 11 additional slips in the marina portion of the
property; and
Whereas the Plaintiff previously convinced the State of Florida, acting
through the Administration Commission, to expand the uses in CFSD-5 to include
marinas, boat chartering, charter boat fishing, and dock leasing; and
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Whereas, the settlement agreement between the Plaintiff and the State of
Florida was implemented through FAC. 28-20.024; and
Whereas the County inadvertently eliminated some of the uses authorized
by FAC. 28-20.024 when the County adopted Ordinance 28-1999; and
Whereas the inadvertent elimination of permitted uses in CFSD-5
adversl~ly impacts the Plaintiff's Major Conditional Use application; and
Whereas the Plaintiff has obtained permits from the Army Corps of
Engineers and Florida Department of Environmental Protection which will expire
before the County could adopt a glitch bill to restore the uses inadvertently
eliminated by Ordinance 28-1999; and
Whereas County staff is recommending that the Planning Commission
approve the Plaintiff's Major Conditional Use application; and
Whereas the County has already commenced a comprehensive review of
the Monroe County Code to eliminate inadvertent errors and inconsistencies as
well as antiquated provisions; and
Whereas the parties desire to avoid the uncertainty and expense of further
litigation and amicably resolve the above-captioned matter instead;
NOW THEREFORE, the parties agree as follows:
1 . The Court shall enter a consent decree under which it is judicially
determined that the authorized uses for the Plaintiff's property which is subject to
this action shall include those uses approved by the Florida Administration
Commission in FAC. 28-20.024 prior to the enactment of Ordinance 28-1999;
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2~. County staff will schedule the Plaintiffs Major Conditional Use
application for hearings before the Development Review Committee and
Planning Commission as soon as possible, taking into consideration the notice
requirements set forth in the County Code and Florida Statutes;
21. By entering into this agreement, the parties do hereby agree to
release each other from any and all claims or potential claims that could have
been raised in this litigation;
4. Each party agrees to bear its own costs including attorney's fees.
ATTEST:
State of Florida
County of Monroe
For the Plaintiff, Hill Family Investments, Inc.
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Date
JUN 2 0 2007
Date
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