96-10079-CA-18s
IN THE CIRCUIT COURT FOR THE SIXTEENTH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
QUALITY INN RESORT OF MARATHON,)
a Florida Joint Venture, )
Plaintiff, )
VS. ) Civil Case No.96 10079 CA 18
MONROE COUNTY, a political )
subdivision of the State of )
Florida, )
Defendant. )
COME NOW the Plaintiff QUALITY INN RESORT OF MARATHON, J. V.
and the Defendant COUNTY OF MONROE and file this their Stipulation
settling all issues arising in this action, saying that:
1. Plaintiff and Defendant are desirous of resolving the
pending litigation between them on mutually acceptable and
beneficial terms.
2. Plaintiff and Defendant have agreed to settle the pending
litigation on the terms and conditions set out in this Settlement
Stipulation.
3. Plaintiff and Defendant have the lawful authority to and
each has been duly authorized to enter into this Settlement
Stipulation.
4. Plaintiff and Defendant have satisfied and complied with
each and every condition precedent to entering into this Settlement
Stipulation.
5. The court has jurisdiction over the subject matter of the
complaint and the parties thereto.
6. Plaintiff is the developer of a parcel of land commonly
referred to as Hall's Camp or Hall's Resort ("Halls") on the island
of Marathon.
7. On January 6, 1987, the owners of Halls applied for a
building permit under the then applicable comprehensive plan and
land development regulations of Monroe County.
8. The Director of Planning of Monroe County determined that
Halls proposed redevelopment constituted a major development under
the then applicable comprehensive plan and land development
regulations of Monroe County and could not therefore be approved as
filed.
9. The Board of Adjustment of Monroe County overruled the
Director of Planning's determination, however, the Department of
Community Affairs appealed the Board's determination as a
development order.
10. On April 23, 1987, the Department of Community Affairs,
Monroe County and Halls entered into a section 380.032 Fla. Stat.
K
(1995) agreement which settled the Department's appeal of the Board
of Adjustment decision.
11. The 1987 Settlement Agreement provided that Halls was
authorized to redevelop the Halls' property with a 79 unit resort
under the provisions of the comprehensive plan and land development
regulations in effect on January 31, 1986, subject only to the
requirement that the "Developer agrees to pay Monroe County,
Florida, all impact fees for the project as set forth in Chapter 12
of the Land Development Regulations for Monroe County, effective
September 15, 1986, as if the project had been permitted under
those regulations."
12. During the period between April 23, 1987 and August 1,
1995, Halls worked with local and state officials in an effort to
resolve a variety of complications relative to the redevelopment of
the Halls' property.
13. On August 1, 1995, the Department of Building and Zoning
of Monroe County determined that the 1987 Settlement Agreement was
no longer in force and effect.
14. Halls appealed the determination of the Department of
Building and Zoning of Monroe County to the Monroe County Planning
Commission.
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15. On January 24, 1996, the Monroe County Planning
Commission overturned the determination of the Department of
Building and Zoning.
16. The Monroe County Planning Commission's decision affirms
that the 1987 Settlement Agreement is in full force and effect.
17. The 1987 Settlement Agreement confers on Halls a right to
apply for and receive building permits to develop a 79 unit resort
on the Halls' property pursuant to the provisions of the Monroe
County comprehensive plan and land development regulations in
effect on January 31, 1986, provided that, Halls shall pay Monroe
County, Florida, all impact fees for the project as set forth in
Chapter 12 of the Land Development Regulations for Monroe County,
effective September 15, 1986, as those regulations governing impact
fees may be modified from time to time, as if the project had been
permitted under those regulations.
18. Halls agrees to commence redevelopment of Halls' property
as a 79 unit resort within two (2) years after the date of entry
of a Consent Judgment incorporating the terms and conditions of
this Settlement Stipulation
19. Halls agrees to limit the height of the buildings on the
Halls' property to three stories.
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AGREED the 19th day of
XU#, 1996.
June
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BYSt"Lm mj:�&Lc. QA=tra
DEPUTY CLERK
BOARD OF COUNTY COMMISIONERS
COUNTY OF MONROE
-g
- Le' <�� ---
Mayor Shirley Veeman
QUALITY INN RESORT OF MARATHON,
By:
Inc.,
Siemon, Larsen & Marsh
Attorneys for Quality Inn Resort
of Marathon, J. V.
By: ljt;�/
Charles L. Siemon
Approved as to legal sufficiency:
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