Case No. 82-348-CA-17
AGREEMENT
This Agreement is made and executed on December Prt......t 1982t by and
between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
(hereinafter the "Monroe County Commission") t the MONROE COUNTY DIRECTOR
OF PLANNING-lONING-BUILDING and all successors in office (hereinafter
the "Director") t the HOMEOWNERS ASSOCIATION CROSS KEY WATERWAYSt INC.
(hereinafter the "Association") t the FLORIDA BAY CLUB OF KEY LARGO JOINT
VENTURE (hereinafter the "Joint Venture") t M & A DEVELOPMENT CORPORATION
(hereinafter "M & A") and ONE-O-THREE MARKER CORPORATION (hereinafter
"One-O-Three") .
.... L"
Background
1. The Monroe County Commission is the duly electedt qualified
and seated Board of Commissioners of Monroe CountYt Florida.
2. Henry Weinkam (hereinafter "Weinkam") wast at the time the
transactions or events giving rise to this Agreement occurredt the
Monroe County Director of Planning-loning-Building and the official
charged with administration of the Monroe County loning Ordinance and
Building Code.
3. The Association is a Florida corporation not-for-profit and
represents the interests of the owners of all property in Cross Key
Waterway Estates Section Twot as per map or plat thereof recorded in
Plat Book 6t Page 60t of the Public Records of Monroe CountYt Floridat
less and except Tracts A and B and that certain private road known as
Churchill Downs as shown on the above-described plat (hereinafter the
"Adjacent Property").
4. The Joint Venture is a Florida joint venture comprised of
M & A and One-Q-Threet both of which are Florida corporations. The
Joint Venturet M & A and One-Q-Three and their successorst assigns and
designees will be hereinafter collectively referred to as the "Developer".
5. On or about September 29t 1981t the Monroe County loning and
Building Department approved the Developer's site plan (hereinafter the
"Site Plan") and building permit application providing for the construc-
tion of 18 townhome units and related amenities located on U.S~ Highway
1 at Mile Marker l03t Cross Key WaterwaYt Key Largot Monroe CountYt
Florida. The townhome project is popularly knownt and will be herein-
after referred tOt as the "Florida Bay Club".
6. On or about September 29t 1981t construction of the Florida
Bay Club was commenced in accordance with duly issued Monroe County
Building Permit IIC-l0272 (hereinafter the "Building Permit").
7. On or about February 23t 1982t the Monroe County Commission
voted unanimously resolving to direct Weinkam to issue and post a stop
work order (hereinafter the "Stop Work Order") prohibiting further
construction of the Florida Bay Club.
8. On or about February 24t 1982t Weinkamt in his official capa-
citYt issued and posted the Stop Work Order prohibiting further construc-
tion of the Florida Bay Clubt which Stop Work Order cited "possible
violations of set-back codes and density factors".
9. On or about March l7t 1982t the Developer filed a verified
Complaint in the Monroe County Circuit Court. The trial court action is
styled Florida Bay Club of Key Largo Joint Venturet et al. v. Board-of County
Commissioners of Monroe CountYt Floridat et al.t Monroe County Circuit
Court Case No. 82-348-CA-17 (hereinafter the "Trial Court Action").
10. The Complaint filed in the Trial Court Action requestedt inter
aliat that the Circuit Court permanently enjoin and restrain the Monroe
County Commission and Weinkam and their successors in officet agentSt
employeest and representatives from (a) failing or refusing to allow the
Developer to complete construction of the Florida Bay Club in accordance
with the Building Permit and (b) otherwise restrictingt restraining or
impeding the developmentt constructiont marketingt sale or occupancy of
the 18 townhome units and related amenities at the Florida Bay Club.
11. On March 26t 1982t after an evidentiary hearingt the Monroe
County Circuit Court entered an Order awarding the Developer a prelimin-
ary injunction that enjoined and restrained the Monroe County Commission
and Weinkam and their successors in office from (a) enforcing the Stop
Work Order or (b) otherwise failing or refusing to allow the Developer
to continue construction of the Florida Bay Club in accordance with the
Building Permit. The March 26t 1982 preliminary injunction Order required
the Developer to post monetary security in the amount of $lOOtOOO.OO
before the preliminary injunction would become effective.
12. On or about April 15t 1982t counsel for the parties executed a
Stipulation providing that Central National Bank in Chicago Irrevocable
Letter of Credit No. 350853 in the aggregate amount of $100tOOO.00
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(hereinafter the "Letter of Credit") and all terms thereof comply with
and satisfy the monetary security requirements of the March 26~ 1982
preliminary injunction Order and Florida Rules of Civil Procedure
1.610.
13. On April l6~ 1982~ the Monroe County~ircuit Court entered an
Order approving the Letter of Credit and declaring the preliminary
injunction Order to be in full force and effect until further Order of
the Court.
14. On April 22~ 1982~ the Monroe County Commission and Weinkam
filed a Notice of Interlocutory Appeal contesting the March 26~ 1982
preliminary injunction Order. The appellate action is styled Board of
County Commissioners of Monroe County~ Florida~ et ale v. Florida Bay
Club of Key Largo Joint Venture~ et al.~ Third District Court of Appeal
Case No. 82-884 (hereinafter the "Interlocutory Appeal").
15. On April 30~ 1982~ the Monroe County Circuit Court entered an
Order vacating the automatic stay provided by Florida Rules of Appellate
Procedure 9.3l0(b)(2). In addition~ the Monroe County Circuit Court
ordered that the preliminary injunction Order shall remain in full force
and effect pending disposition of the Interlocutory Appeal by the Third
District Court of Appeal.
16. As of the date of this Agreement~ the 18 townhome units and
related amenities at the Florida Bay Club are substantially complete and
the Interlocutory Appeal is still pending in the Third District Court of
Appeal.
17. Since the posting of the Stop Work Order~ all interested
parties have held extensive discussions and negotiations regarding the
public policy and legal issues raised by the development~ construction~
marketing. sale and occupancy of the 18 townhome units at the Florida
Bay Club. These discussions and negotiations have afforded each party a
full and fair opportunity to review~ analyze and contemplate (a) the
method~ scope and practical effect of the development. construction~
marketing~ sale and occupancy of the 18 townhome units and related
amenities at the Florida Bay Club and (b) the posture and desirable
disposition of the Trial Court Action and the Interlocutory Appeal.
18. At the request of the Association. the Monroe County Commission
is in the process of creating and establishing a special tax road district
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(hereinafter the "Road District") ~ pursuant to Chapter 336~ Florida
Statutes. The Road District~ if created~ will assume responsibility for
. the improvement and maintenance of the roads and rights-of-way in the
Adjacent Property and that certain private road known as Churchill Downs
as shown on the plat recorded in Plat Book 6~ Page 60~ of the Public
Records of Monroe County~ Florida (hereinafter "Churchill Downs").
19. By execution of this Agreement~ the parties desire and intend
to resolve amicably and conclusively all disputes regarding (a) matters
that were raised in the Trial Court Action and the Interlocutory Appeal~
(b) collateral and related matters that were not specifically raised in
the Trial Court Action and (c) all other matters that relate to the
development~ construction~ reconstruction~ marketing~ sale or occupancy
of the Florida Bay Club. Specifically~ notwithstanding any existing or
hereafter adopted governmental rule~ regulation or ordinance~ the parties
desire and intend hereby to permit the Developer to commence immediately
and continue forever the marketing and sale of condominium units and
unit-weeks at the Florida Bay Club in accordance with the provisions of
Chapters 718 and 721~ Florida Statutes.
Accordingly~ in consideration of the mutual covenants contained
herein and other good and valuable consideration~ receipt and sufficiency
of which is hereby acknowledged~ the parties to this Agreement agree as
follows:
Terms and Conditions
20. Covenants of the Developer. The Developer shall:
(a) Direct legal counsel to execute and file in the Third
District Court of Appeal a Stipulation providing for the dismissal of
the Interlocutory Appeal~ which Stipulation shall be substantially in
the form of Exhibit "A" that is attached to this Agreement.
(b) Direct legal counsel to execute and file in the Monroe
County Circuit Court a Stipulation providing for the final disposition
of the Trial Court Action in accordance with the terms and conditions of
this Agreement~ which Stipulation shall be substantially in the form of
Exhibit "B" that is attached to this Agreement.
(c) Dedicate Churchill Downs for public use~ provided that
the Association or the Road District~ if created~ satisfies at its sole
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expense all statutory and regulatory prerequisites to such dedication.
except that the Developer shall provide the Association with a Plat of
Dedication executed by the current fee simple owner.
(d) Landscape the northern boundary of Churchill Downs. which
landscaping shall be (i) effected substantially in accordance with the
Site Plan. including construction of an opaque fence and shrubbery
between such fence and the edge of Churchill Downs. and (ii) completed
within 60 days from the date of this Agreement.
(e) Refrain from hindering or delaying efforts of the Monroe
County Commission and the Association to create the Road District pursu-
ant to Chapter 336. Florida Statutes.
21. Covenants of the Monroe County Commission and the Director.
The Monroe County Commission and the Director shall:
(a) Direct legal counsel to execute and file in the Third
District Court of Appeal a Stipulation providing for the dismissal of
the Interlocutory Appeal. which Stipulation shall be substantially in
the form of Exhibit "A" that is attached to this Agreement.
(b) Direct legal counsel to execute and file in the Monroe
County Circuit Court a Stipulation providing for the final disposition
of the Trial Court Action in accordance with the terms and conditions of
this Agreement. which Stipulation shall be substantially in the form of
Exhibit "B" that is attached to this Agreement.
(c) Refrain forever from restricting. impeding or in any way
interfering with the development. construction. reconstruction. marketing.
sale. use or occupancy of the 18 townhome units and related amenities at
the Florida Bay Club as condominiums or condominiums with interval
ownership. in accordance with the provisions of Chapters 718 and 721.
Florida Statutes. and applicable Monroe County ordinances as such
ordinances existed on March 17. 1982.
(d) Revoke the Stop Work Order. immediately upon entry of the
final Order rendered-in the Trial Court Action pursuant to the Stipulation
provided for in sub-paragraph 21(b) of this Agreement.
(e) Release and return to the Joint Venture the Letter of
Credit. immediately upon execution of this Agreement.
(f) Accept the dedication of the rights-of-way in the Adja-
cent Property and Churchill Downs.
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(g) Maintain or supervise the maintenance oft the rights-of-
way in the Adjacent Property and Churchill Downs in the same fashion as
the Monroe County Commission maintains or should supervise the maintenance
of any other Monroe County right-of-way or road. This maintenance
obligation shall become effective immediately upon acceptance of the
dedication made pursuant to sub-paragraphs 20(d) and 21(f) of this
Agreement.
22. Covenants of the Association. The Association shall:
(a) Execute and file in the Trial Court Action a verified
Notice providing for the Association's voluntary submission to the
jurisdiction of the Monroe County Circuit Court for all matters relating
to or involving this Agreementt which verified Notice shall be sub-
stantially in the form of Exhibit "c" that is attached to this Agreement.
(b) Use its best efforts to (i) promote the adoption and
creation of the Road Districtt and (ii) if createdt require the Road
District to repair and maintain all rights-of-way in Cross Key Waterway
Estates Section Two.
(c) Perform or require the Road Districtt if createdt to
perform at their sole expense all tasks necessary to (i) bring the
rights-of-way in the Adjacent Property and Churchill Downs into compli-
ance with current Monroe County standardst (ii) effect a dedication of
the rights-of-way in the Adjacent Property and Churchill Downs and (iii)
maintain the rights-of-way in generally-acceptable condition for the
purposes intended.
23. Representations. Each party to this Agreement represents to
each other party that all constitutionalt statutorYt regulatory and
common law prerequisites to execution and performance of the terms and
conditions of this Agreement have been satsified. Specifically:
(a) The Monroe County Commission and the Director represent
that they have provided all noticest conducted all meetings and obtained
all approvals necessary to execute and perform all obligations set forth
in this Agreement.
(b) The Association represents that it has provided all
noticest conducted all meetings and obtained all approvals necessary to
(i) execute and perform all obligations set forth in this Agreement and
(li) bind all present and future members of the Association to the terms
and conditions of this Agreement.
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- ..... ~...
(c) The Developer represents that it has provided all notices~
conducted all meetings and obtained all approvals necessary to execute
and perform all obligations set forth in this Agreement.
24. Zoning of the Florida Bay Club. The Developer is hereby
authorized in perpetuity (notwithstanding any M~nroe County ordinance~
rule~ resolution~ code~ policy or procedure that exists as of the date
of this Agreement or that may be adopted~ enacted or amended after the
date of this Agreement) to: (a) develop~ construct~ reconstruct~ restore~
market~ sell and occupy 18 townhome units and related amenities on the
present site of the Florida Bay Club in accordance with the provisions
of Chapters 718 and 72l~ Florida Statutes~ and applicable Monroe County
ordinances as such ordinances existed on March l7~ 1982; (b) create~
market and sell a condominium at the Florida Bay Club with provisions
for interval ownership; and (c) construct or reconstruct improvements on
the present site of the Florida Bay Club in substantially the same
locations with the same set-back lines as are reflected on the Site
Plan.
25. Mutual Releases. The Monroe County Commission~ the Director~
the Association and the Developer~ and their respective officers~ direct-
ors~ shareholders~ employees~ agents~ representatives~ constituents~
successors~ assigns~ designees and affiliates hereby mutually release~
acquit and forever discharge each other from all actionst causes of
actiont suits~ debts~ contracts~ agreements~ promises~ and all other
claimst demands or damages whatsoever at law or in equity~ known or
unknown~ that they or any of them has ever had~ now has or that they or
any of them may have arising out of or related to any matter~ transaction
or action whatsoever that occurred before the date of this Agreement~
including all claims~ defenses~ cross-claims~ counterclaims or rights of
intervention that were raised or that might have been raised by any of
them in the Trial Court Action. This mutual release shall become effec-
tive immediately upon execution of this Agreement by the last party and
shall forever survive execution and delivery of this Agreement.
26. Legal Authorization. Each party to this Agreement acknowledges
that such party: (a) was represented in the negotiation of this Agreement
by independent legal counsel of its choice; (b) has reviewed this
Agreement independently and with the assistance of its legal counsel;
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.
(c) has specifically authorized its legal counsel to prepare~ execute
and file the Stipulations required by this Agreement; and (d) recognizes
that endorsement of this Agreement by legal counsel does not bind legal
counsel to the terms of this Agreement~ but serves only as an acknowledge-
ment that such legal counsel has participated in the negotiation and
preparation of this Agreement.
27. Effective Date. The effective date of this Agreement is the
date first written above.
28. Integration. This Agreement contains the final~ complete and
exclusive expression of the understanding between the parties hereto
with the respect to the matters contained herein and supersedes any
prior or contemporaneous agreement or representation~ oral or written~
by any of them. This Agreement and each provision of it may be modified
or amended only by an agreement in writing signed by or on behalf of all
parties to this Agreement~ which agreement is adopted~ ratified and
approved by the Monroe County Circuit Court.
29. Governing Law. This Agreement is entered into under~ and the
validity~ interpretation and enforcement of it will be controlled by the
laws of the United States and the State of Florida~ excluding the laws
of the State of Florida relating to resolving conflict between laws of
different jurisdictions.
30. Counterparts. This Agreement may be executed in any number of
counterparts~ each of which will be deemed to be an original~ but all of
which will constitute one and the same Agreement.
31. Attorneys' Fees and Costs of Litigation. In an action or
proceeding at law or in equity brought under or in any way involving the
enforcement~ interpretation or modification of this Agreement~ the
prevailing party or parties shall be reimbursed by the other party or
parties to the action or proceeding for all costs of bringing or defend-
ing the action or proceeding through the completion of all appeals
enforcement efforts~ including reasonable attorneys' fees and expenses.
32. Headings. All headings and captions contained in this Agree-
ment are for convenience only and shall not be deemed a part of this
Agreement for any,purpose.
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... ~..
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IN ~IT~ESS WHEREOF, the parties have duly executed and delivered
this Agreement on the date first set forth above.
witnesses:
THE BOARD OF COCNTY COmnSSIONERS OF
~lO~ROE COUNTY, FLORIDA
By:'
(Seal)
At
STXfE OF FLORIDA
COC~TY OF ~lO\ROE
Before me, the undersigned au~hority, personally appeared Jerry
Hernandez, Jr. , who stated that: (a) he is the duly elected,
qualified and seated Chairman of The Board of County Commissioners of
~lonroe County, Florida; (b) he is authorized to execute this Agreement
on behalf of The Board of County Commissioners of :lonroe County, Florida;
and (c1 h~ has read and fully com~tehends the terms and conditions of
this Agreement and believes its execution to be in the best interests of
The Board of County Commissioners of ~lonroe County, Florida and the
inililbitants -ef :lonroe County, Flor"da.
. . .-!
'J I J.,,' t
/ i.i.,j 1.-, ",:'" k:
\.:\ot.drial Seal)
z.
~.~ 1<-~
Director of Planning-Zoning-Building
of ~onroe County, ?lorida
STATE OF rr.CRIDA
CCLSiY OF :lG\ROE
;:c,:cr.:; :ne, t:le unc:!ersi6:1"J -lut;writy, perso~cllly dppeared
I<JILt.;A/VI t2.tvSS€? L ,1,.;ho sCHed :haL: (3) he is the duly
:lppoi:Hed .lnd seated Director of Planning-Zonir:g-3uilding for ~lon:roe
~ounty. ?~orijd; and (h) he has read and fully comprehends the terms and
conditions of this Agreement dnd believes its execution co be in the
~est :~:0rests of the ~onroe CQUilty Building Department and the ir:hab-
i:2:n:s or :lcnrce County, Florida.
S""CCl to and subscribed on D~C6116Ed.. ;;:;3,1982,
"t~"~
\OTARY ?L:BLIC ~" """ S'" I"" t
i.. ..hJ:Y I; \~, \~d~ C I~'J[ ~;i i~ er:.JO
~ta~e of. Flori~a ~t Large ~,\~ r:~";~'.li"',;(,\J c:.'t,:rcs {,\w 2i, 1'}33-
.1y '~I\~;mrnlSS lon ......xplres: [,..>,,~~.J ~l/ ,\n'l:II\.drl ;uo &. c....uO:ly (vm;hHI)'
(\otarial Seal)
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\\'itnesses:
5t::~~(ttornPn
v3d1~ 6, Rfae12c-
STATE OF FLORIDA
COCNTY OF ~jO~ROE
14'
CRe
0~ 1,Je:~"1.-:->
,J
II -:;, S cC..- J ",) T l u\
EY WATERWAYS, INC,
By:
'l~ ~ ~~
H~ Icl(llU: 1) &< ~
Befor,; me, the undersigned authority, personally appeared M.L.
P\L~'SPN/~~H______-[>-;~;~p~I~~~)."Ctd that: l:l) h~~ i~ th~ duly.elected,
4Ll.J 11 t ll~J cluJ sedtl~d ' , otoV Homeowners ASSOcliltlon Cross }(ey
\h1te[\o;ays, Inc.; (b) he is July duthorizedto execute this Agreement on
behalf of Homeowners Association Cross Key Waten.:ays, Inc.; and (c) he
has read and fully comprehends the terms and conditions of this Agree-
ment and believes its execution to be in the best interests of Home-
owners Association Cross Key Waterways Inc, and each member thereof.
S""OUl to JnJ subscrib<!J on D.QeSJJ.lA~'W^ L~ ,1982.
h__~_G'\Q 4- '-P. 'R \J\~:r))
~OTAkY PUBLIC
State of Florida dt Large
~ty COlllllIlSS ion Expil'CS:
(\otd.::i~J. Seal)
\\'itnesses:
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STATE OF ILLI\OIS
COC\TY OF
FLORIDA BAY CLUB OF KEY LARGO JOI~l VENTURE
By:
By: ONE-O-TJ-lREE ~jA
a gener 1 part
Before me, the undersigned authority, personally appeared JOSEPH
GRCSZ. ~ho stated that: (a) One-O-Three ~arker Corporation is a general
partner of Florida Bay Club of Key Largo Joint Venture; (b) One-O-Three
~13rke~ C~rpor3tion is authorized to execute this Agreement on behalf of
Florida Bay Club of Key Largo Joint Venture; lC) he is the duly elected,
qualified and seated ?resident ofOne~O-Three ~arker Corporation; Cd) he
is author~2ed to execute this Agr;~~lTIe'n1: on behalf or One-O-Three ~jdrker
Cor?orat:o~; and (e) he has read a~ fully comprehends the terms and
conditIons of this Agreement and \ eves its execution to be in the
best interests of Florida Bay CIu Key Largo Joint Venture ane Cne-O-
T~ree ~arker Cor~oration.
./..-;
/\OT.
Stat:
~ly C,
'/1 ., Ii . /~
Y-J CA-A-'U---c. (P 1 9 8 :2..
.~,~- I. (jj~~
PCBLIC '
)f Illinois at Large
.niss ion Expires:
51,.;or:1 :0 3.:li s'lbscribed onf...
l.\ourial Seal)
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10
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V
STATE OF FLORIDA
COC~TY OF MONROE
,.:q"'''Y>'l'''~
M & A DEVELOPMENT CORPORATION
By:
,
(--. ' " C\ ,/7
, LC!-",- L/ "i.A.. '- ~ ._______~
Alan D. Finney~ President ~
':t'
Before me, the undersigned authority, personally appeared ALAN D.
FIN~EY, who stated that: (a) he -;is the duly elected, qualified and
seated President of ~1 & A Devel~tnent Corporation; (b) he is authorized
to execute this Agreement on be~.lf of M & A Development Corporation;
and lc) he has read and fully comprehends the terms and conditions of
this Agreement and believes its!(xecution to be in the best interests of
:1 & A Deve lopment Corporation. \z\
Sworn to and subscribed
(N'J"~,I':i,l: Seal)
~
I \, i ~ t ll' >. :-; ,l:, :
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~ .\---t\.. \\ Jr' r,>;s
r.... ~ \.1 J \i, B v :
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Slxn: 01' 1 LLl\Ol S
, .
COe\TY Of
Before me, the undersigned
GRCSZ. ~ho stated that: (a) he
seated President of One-O-Thre,
:0 execute this A~reement on bl
end ec) he ~3S read and fully c
this Agreement crod believes ito
One-O-Thr2e Marker Corporation.
5~orn to and subscribed on
Lucien C. Proby, Jr,
Monroe County Attorney
310 Fleming Street
Key ~est, Florida 33040
(305) 29~-~o~1, Ext. 470
Attorney for the Monroe County
Commission and the Director
o /1 IJ /}
on I:Yf(l~/rn- ,~( '!
V/fl/J[) {! ;{}zav~
NOTARY PlJBLIC
Stdtu or Florid,} .:It L.:lrge
My Commission Expires:
, 1982.
NotMY Pul,II,-, StdtP at Florida At Lar&e
My Curnfl)I~';'url Explrl'$ Aut! .17, 1986
U.)f~-..:.'u 13,. ~_.l.--\t'l::>> Sur~l)' (()f;l
lority, personally appeared JOSEPH
he duly elected, qualified and
,er Corporation; (b) he is du'thorized
of One-O-Three ~arker Corporation;
ehends the terms and conditions of
cut ion to be in the best interests of
, 1982,
,
"
\OT.-\2Y ?eBLIC
State of Illinois at Large
:ly Commiss ion Ex? ires:
~~~~
of ReDNICK & ~OLFE
201 E. ~ennedy Blvd.
Suite 1600
Tampa, Florida 33602
(813) 229-2111
Attorneys for the Developer
11
IN THE DISTRICT COURT OF APPEAL
FOR THE THIRD DISTRICT OF FLORIDA
CIVIL DIVISION
BOARD OF COUNTY COHMISSIONERS
OF MONROE COUNTY, FLORIDA
and HENRY WEINKAM~
Appellants~
)
)
)
)
)
)
)
)
)
)
)
)
)
CASE NO. 82-884
v.
FLORIDA BAY CLUB OF KEY IARGO
JOINT VENTURE~ et al.~
Appellees.
JOINT STIPUIATION FOR DISMISSAL OF APPEAL
In accordance with Rule 9.350(a)~ Florida Rules of Appellate Proced-
ure~ the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA and
HENRY WEINKAM (hereinafter collectively referred to as "Appellants") and
FLORIDA BAY CLUB OF KEY lARGO JOINT VENTURE, M & A DEVELOPMENT CORPORATION
and ONE-O-THREE MARKER CORPORATION (hereinafter collectively referred to
as "Appellees") hereby jointly stipulate and agree that the appeal
initiated by Appellants on April 22~ 1982 shall be dismissed with prejud-
ice because the issues on appeal and all disputes giving rise to the
Complaint that was filed in Monroe County Circuit Court Case No. 82-348-
CA-17 have been resolved amicably.
Further~ Appellants and Appellees request that the Clerk of the
Third District Court of Appeal notify promptly the Clerk of the Circuit
Court for Monroe County~ Florida that the appeal initiated by Appellants
on April 22~ 1982 has been dismissed.
Effective on
~ 1982.
Lucian C. Proby ~ JR.
Monroe County Attorney
310 Fleming Street
Key West~ Florida 33040
(305) 294-464l~ Ext. 470
Attorney for Appellants
Stanford R. Solomon
of RUDNICK & WOLFE
201 E. Kennedy Blvd.
Suite 1600
Tampa~ Florida 33602
(813) 229-2111
Attorney for Appellees
EXHIBIT "A"
Page 1 of 1
IN THE CIRCUIT COURT FOR MONROE COUNTY. FLORIDA
CIVIL DIVISION
FLORIDA BAY CLUB OF KEY LARGO
JOINT VENTURE. et al.,
)
)
)
)
)
)
)
BOARD OF COUNTY COMMISSIONERS )
OF MONROE COUNTY. FLORIDA.~ et al., )
)
)
Plaintiff,
v.
CASE NO. 82-348-CA-17
Defendants.
JOINT STIPULATION
Florida Bay Club of Key Largo Joint Venture, M & A Development
Corporation and One-O-Three Marker Corporation (hereinafter collectively
referred to as "Plaintiffs") and the Board of County Commissioners of
Monroe County, Florida and Henry Weinkam and their successors (herein-
after collectively referred to as "Defendants") hereby jointly stipulate
and agree as follows:
1. Plaintiffs, Defendants and all other interested and affected
persons and entities have negotiated a mutually acceptable resolution of
the controversies and disputes giving rise to the above-styled action.
2. The terms and conditions of the resolution of the above-styled
cause are set forth in an Agreement, dated November ___, 1982, a duly
executed copy of which is attached to and incorporated into this Joint
Stipulation as Exhibit "A".
3. The Court is requested to enter a Final Judgment in the above-
styled cause providing as follows:
(a) This Court has subject matter jurisdiction of this cause
and in personam jurisdiction of Plaintiffs, Defendants and Cross
Key Waterways Property Owner's Association, Inc., a Florida corpor-
ation, not-for-profit (hereinafter referred to as the "Association");
(b) The Agreement that is attached to this Joint Stipulation
as Exhibit "A" is ratified, adopted. approved. incorporated into
and made a part of the Final Judgment;
(c) Plaintiffs, Defendants and the Association shall comply
with and be bound by the terms and conditions of the Agreement that
is incorporated into the Final Judgment;
EXHIB IT "B"
Page I of 2
(d) Plaintiffs and their successors and assigns shall be
authorized and permitted to develop~ market and sell condominium units
or unit-weeks at the Florida Bay Club~ in accordance with the provisions
of Chapters 718 and 721~ Florida Statutes~ and applicable Monroe County
ordinances as such ordinances existed on March-17~ 1982.
(e) The Court retains jurisdiction of this cause and of
Plaintiffs~ Defendants and the Association to enforce~ interpret or
modify the Agreement that is incorporated into the Final Judgment;
(f) The Final Judgment is a final order.
4. This Joint Stipulation shall be effective on
1982.
Lucien C. Proby~ Jr.
Monroe County Attorney
310 Fleming Street
Key West~ Florida 33040
(305) 294-464l~ Ext. 470
Attorney for Defendants
Stanford R. Solomon
of RUDNICK & WOLFE
201 E. Kennedy Blvd.
Suite 1600
Tampa~ Florida 33602
(813) 229-2111
Attorneys for Plaintiffs
EXHIBIT "B"
Page 2 of 2
IN THE CIRCUIT COURT FOR MONROE COUNTY. FLORIDA
CIVIL DIVISION
FLORIDA BAY CLUB OF KEY IARGO
JOINT VENTURE. et al.~
Plaintiffs~
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CASE NO. 82-348-CA-18
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v.
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY. FLORIDA and
HENRY WEINKAM.
Defendants.
NOTICE OF SUBMISSION TO JURISDICTION
Homeowners Association Cross Key Waterways~ Inc.~ a Florida cor-
poration not-for-profit (the nAssociation")~ hereby knowingly and
voluntarily submits to the in personam jurisdiction of the Monroe County
Circuit Court with respect to all matters hereafter brought before..fhe
Court in connection with the the above-styled action. Specifically~ the
Association hereby agrees to be bound by any Order rendered by the Court
relating to the enforcement~ binding interpretation or modification of
the Agreement that is attached hereto as Exhibit nA"~ as though the
Association were a party to and duly served in the above-styled action.
Dated:
~ 1982.
HOMEOWNERS ASSOCIATION CROSS KEY
WATERWAYS~ INC.
By:
President
STATE OF FLORIDA
COUNTY OF MONROE
Before me~ the undersigned authority~ personally appeared
and seated President of Homeowners Association Cross Key Waterways~
Inc.; (b) he is duly authorized to execute the foregoing on behalf of
Hoemowners Association Cross Key Waterways~ Inc.; and (c) he has read
and fully comprehends the import of the foregoing and believes its
execution to be in the best interests of Homeowners Association Cross
Key Waterways~ Inc. and each member thereof.
Sworn to and subscribed on
~ 1982.
NOTARY PUB LIC
State of Florida at Large
My Commission Expires:
(Notarial Seal)
EXHIBIT "c"
Page 1 of 2
Certificate of Service
I certify a copy of the foregoing was furnished by United States
mail to (a) Lucien C. ProbYt Jr.t Monroe County AttorneYt and (b) Stanford
R. Solomon of Rudnick & Wolfet attorney for Florida Bay Club of Key
Largo Joint Venturet on December t 1982.
HOMEOWNERS ASSOCIATION CROSS KEY
WATERWAYS. INC.
By:
President
EXHIBIT "c"
Page 2 of 2