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Case No. APP-96-0140annp 1L. Rotbage BRANCH OFFICE CLERK OF THE CIRCUIT COURT 3117 OVERSEAS HIGHWAY MONROE COUNTY MARATHON, FLORIDA 33050 500 WHITEHEAD STREET TEL. (305) 289-6027 KEY WEST, FLORIDA 33040 FAX (305) 289-1745 TEL. (305) 292-3550 FAX (305) 295-3660 MEMORANDUM TO: Bob Herman, Director Growth Management Division FROM: Isabel C. DeSantis, Deputy Clerk 0. C. . DATE: November 26, 1997 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 At the November 12, 1997 Commissioner's meeting, the Board granted approval and authorized execution of a Stipulation Agreement between Monroe County and Florida Department of Community Affairs, Chalres G. McDonald and Charles E. Allen (owners), Tom Ryan, Inc., the Department of Environmental Protection and Monroe County concerning property described as part of Government Lot Attached are four (4) fully executed duplicate originals of the Stipulation for your use in this matter Should you have any questions concerning the above, please do not hesitate to call. cc: County Attorney County Administrator File STIPULATION AGREEMENT THIS AGREEMENT, entered into this 12 day of f,/' V;�1r c, 1997, by and between the DEPARTMENT OF COMMUNITY AFFAIRS, CHARLES G. MCDONALD, CHARLES 0. ALLEN?¢•TOM RYAN, INC., the DEPARTMENT OF ENVIRONMENTAL PROTECTION and MONROE COUNTY, WITNESSETH: WHEREAS, the Department of Environmental Protection and the parties involved in the appeal pending before the Florida Land and Water Adjudicatory Commission, case number APP-96-014, are desirous of amicably resolving their disputes and allowing the epp:Fpvetg c> r- - -.J -7 development for the subject property to proceed without`,. ?ugh © delay; and o rn WHEREAS, the aforementioned appeal involves a disput(.kIover the mechanism to be used for traversing an area of wetlands to r4dchL o permitted residential dwelling to be constructed on the subjefd property, a tract of land in a part of Government Lot 1, Section 15, Township 67 South, Range 27 East, on Sugarloaf Key, Monroe County, Florida and being more particularly described by a metes and bounds as follows: COMMENCING at the intersection of the West line of Government Lot 1 and the Southeasterly right of way of Old State Road 4- A, bear northeasterly, along the southerly right-of-way line of Old State Road 4-A to a point that is 925 feet, measured at right angles to the West line of Government Lot 1, said point being the Point of Beginning of the Tract of land hereinafter described: from said Point of Beginning, continue bearing in a Northeasterly direction, along the Southerly right-of-way of Old State Road 4-A to a point that is 1200 feet, measured at right angles from the West line of Government Lot 1; thence bear South and parallel with the West Line of Government Lot 1 a distance of 485 feet, more or less, to the mean high water line of the Atlantic Ocean; thence meander the high water line of the Atlantic Ocean in a southeasterly direction to a point that is 275 feet, measured at right angles to the preceding course and due South of the Point of Beginning; thence bear back North, 485 feet, more or less, back to the Point of Beginning; and WHEREAS, in an attempt to resolve the issues raised in the appeal, the Department of Community Affairs advocates the use of a bridge over the wetlands area; and WHEREAS, the landowners have received state approval by the Department of Environmental Protection and have received Monroe County's approval of a local permit, subject to final approval by the Department of Community Affairs, for use of a fill road with connecting culverts and a 3' x 3' box culvert rather than a bridge; and WHEREAS, the continuing delay resulting from this appeal of appellees' development order threatens to delay resolution of this dispute, potentially depriving the landowner of the ability to timely construct access to his proposed residence on this property; and -2- WHEREAS, the Department of Community Affairs, pursuant to Section 380.032(3), Florida Statutes, has the authority to enter into agreements with landowners, developers, and governmental agencies to effectuate the provisions and purposes of the Florida Environmental Land and Water Management Act of 1972 and any rules promulgated under the Act; NOW, THEREFORE, the parties hereto agree and stipulate as follows: 1. Bids will be solicited for the cost of construction of a bridge over the wetlands area designated on the site plan contained in Monroe County permit number 9310005662 along the path of the road site designated for ingress and egress to the permitted residence. (a) If there is no bid meeting the specifications for construction of a 60 foot x 8. /Abridge as approved in the original Department of Environmental Protection permit, number 441169155, for a total cost of $15,000 or less, including all costs directly attributable to the bridge, including but not limited to staging and other construction costs; or (b) If the landowner is unable to modify the existing permit number 442282245 issued by the Department of Environmental Protection; or (c) If the landowner is unable to confirm the ability to obtain liability insurance coverage for the use of the -3- bridge; then 2. The Department of Community Affairs will dismiss the appeal as to all issues raised in its petition and will support the construction of the road and residential dwelling as it is permitted and authorized, except that the fill road with connecting culverts will utilize two 3' x 3' box culverts rather than one as currently designed. 3. If the total cost of the construction of a bridge across the wetlands area as described herein is found to be $15,000 or less, including all costs directly attributable to the bridge, including but not limited to staging and other construction costs, the landowner agrees to construct a bridge rather than using fill and culverts in the designated wetland area of concern. (a) The parties hereto agree to toll the running of time periods for beginning construction of the bridge until 120 days after all permits have been approved, and to toll the running or the time periods for beginning construction of Phase I of the home until 90 days after the bridge is completed. (b) The Department of Community Affairs agrees to help McDonald and Allen acquire the necessary County, Department of Environmental Protection, and United States Army Corps of Engineers modifications and approvals to construct the bridge. If the modifications and approvals in this paragraph cannot be met, the Department of -4- Community Affairs agrees to dismiss their appeal as to all issues raised in their petition and allow the landowners to proceed with construction under the existing permits and authorization. 4. Each party hereby covenants not to sue the other party, or their heirs, personal representatives, successors, assigns, employees, beneficiaries, trustees, officers, agents, or any of them, on account of any of the matters released by this instrument. 5. Each party hereby covenants, agrees, and acknowledges that they have not, and to the extent allowed by law, will not file any complaint on account of any of the matters released by this instrument against, or in any way involving any of the parties hereto with any local state or federal authority or any other entity, company, organization or governmental agency, authority or department. 6. The consideration involved herein is accepted to resolve all current and potential claims and to avoid further expense and risk of litigation. It is further understood and agreed that this agreement and such consideration received do not constitute and shall not be construed as an admission of liability or wrongdoing on the part of any party hereto or an admission of the validity of any factual or legal contention and that all parties hereby deny any such liability. 7. The parties hereto warrant and represent they have not sold, assigned, granted, conveyed or transferred to any other -5- person, firm, corporation or entity any of the claims, demands, lawsuits, debts, contracts, or causes of action released hereunder which the party releasing may have had, may now have, or may have in the future against the opposing party or parties. 8. This instrument shall be governed, construed, and interpreted in accordance with the laws of the State of Florida. 9. Each party agrees that if any term, provision, covenant, or condition of this agreement, or the application thereof to any person, entity, or circumstance, shall to any extent be declared to be invalid and unenforceable, the remainder of this agreement,'or the application of such a provision, term, covenant, or condition to any other person, entity, or circumstance, shall not be affected thereby, and each other provision, term covenant or condition of this agreement shall be valid and enforceable to the fullest extent permitted by the law. 10. Anything to the contrary notwithstanding, this agreement may be enforced by an action at law or in equity to enforce any one or more provisions of this agreement. 11. Each person signing this instrument warrants and represents that the person or entity on whose behalf it is signing has given full, complete, and proper authority to execute the instrument. 12. The parties hereto agree that this agreement, once finalized, shall be submitted to the Florida Land and Water Adjudicatory Commission and shall be the basis for a joint motion -6- to abate the appeal pending implementation of this Agreement. 13. Once this Agreement has been fully implemented, the parties to the appeal pending before the Florida Land and Water Adjudicatory Commission, case number APP-96-014, shall submit a joint motion to dismiss the appeal as to all issues. 14. Under the circumstance of dismissal of the appeal as to all issues, all parties shall be responsible for their own attorney fees and costs. 15. This Agreement shall become effective on the date the last party signs it. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals. By: LaL, V('�- 6--., Date �I v(P 1i STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS BY • .DEPARTM NT OF ENVIRONMENTAL PROTECTION E COUNTY Date l ko' \-1 - Ct-) Date 97 Bl� W `�.��� Date Y: CHARLES G. MCDONALD (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK ••�� :� - 7 - BY DEPUTY CLERK By By xl� CTFARL ALL N, JR. TOM RY , INC. 11-la Date Date