Case No. 98-385-CA-18FRANKLIN R. ATWELL and
JAMES E. ATWELL,
Plaintiffs,
-vs-
MONROE COUNTY,
Defendant.
IN THE CIRCUIT COURT OF THE 16TH
JUDICIAL CIRCUIT OF THE STATE OF
FLORIDA IN AND FOR MONROE COUNTY
CASE NO.: 98-385-CA-18
J
SETTLEMENT AGREEMENT
THIS AGREEMENT is entered into on this 17th day of July , 1996, by and
between Plaintiff FRANKLIN R. ATWELL and JAMES E. ATWELL, hereinafter referred to as
Plaintiffs ATWELL, and Defendant MONROE COUNTY:
WHEREAS, Plaintiffs ATWELL are owners, as tenants in common, of the subject property
known as 2137 Bahia Shores Road, No Name Key, Monroe County, Florida, and more particularly
described as:
Lot 21 of AMENDED PLAT OF DOLPHIN HARBOUR, NO
NAME KEY, as recorded in Plat Book 6, Page 116, of the Public
Records of Monroe County, Florida,
WHEREAS, on or about October 13, 1992 at 12:30 p.m., the Plaintiffs' building Contractor
applied to the Defendant COUNTY for a building permit for the purpose of constructing a single-
family home at the above referenced property,
WHEREAS, on or about June 17, 1993, the subject Building Permit # 921-5266 was issued
to the Plaintiffs, as owners, and to Custom Living Spaces as the Owner's Contractor, for purposes
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of constructing the subject single-family home, including electric and plumbing,
WHEREAS, subsequent to the issuance of the subject Building Permit, the Plaintiffs above -
referenced building Contractor, on behalf of the Plaintiffs, began regular and active construction of
the subject single-family home at the subject property,
WHEREAS, on or about December 9, 1993, the first approved progress inspection occurred,
WHEREAS, additional progress inspections related to the construction of the subject property
took place, and were approved, at regular intervals from April 18, 1994, through and including the
Roof Trusses/Sheathing approved inspection which took place on February 7, 1995,
WHEREAS, on or about December 1995, the Plaintiffs' building Contractor attempted to
schedule a plumbing progress inspection and was advised that as a result of an ordinance that was
passed subsequent to the above -referenced application and/or effective date of the subject Building
Permit, applicable time periods for building inspections could not be extended or permits renewed,
and consequently the Defendant COUNTY advised the Plaintiffs' building Contractor that the subject
Building Permit had expired and could also not be renewed under the new ordinance,
WHEREAS, the subject single-family home was substantially completed before the Plaintiffs
ATWELL were advised by the Defendant COUNTY of the alleged expiration of their subject
Building Permit,
WHEREAS, the Plaintiffs have spent in excess of $240,000.00 to construct the subject single-
family residence pursuant to, and in reliance upon, the above -referenced Building Permit,
WHEREAS, on the basis of the Plaintiffs' herein -referenced detrimental reliance on the
subject Building Permit and the applicable time periods that existed at the time the Building Permit
was applied for and issued, the substantial construction of the subject single-family home, the severe
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and undue hardship that will occur if the Plaintiffs are not allowed to complete the construction of
the subject single-family home pursuant to the subject Building Permit, and that the incomplete house
may now be unsafe and a nuisance that might attract trespassers or children -at -play, it would be
unfair, inequitable and contrary to public policy for the Defendant COUNTY to impose any new or
additional requirements that would prevent completion of the subject minimally -remaining
construction,
WHEREAS, the Plaintiffs met the land development regulations that existed at the time the
subject Building Permit was applied for and issued, and they substantially completed the subject
single-family home, incurring substantial fees and costs to construct same in reliance upon the subject
Building Permit and the above -referenced approved inspections,
IT IS THEREFORE AGREED, in consideration of the foregoing and the terms and
conditions referenced herein, as follows:
1) Plaintiffs ATWELL shall have the right to complete the minimally -remaining construction
pursuant to their subject Building Permit #921-5266 for one (1) single-family home as -of -right;
2) Defendant COUNTY shall immediately reinstate said Building Permit #921-5266 held by
Plaintiffs ATWELL upon payment by Plaintiffs ATWELL of a permit reinstatement fee in the amount
of $200.00;
3) An agreed order in the declaratory judgement action filed by the Plaintiffs incorporating
the terms of this Settlement Agreement may be entered by the Circuit Court;
4) The parties shall pay their own respective attorney's fees and costs.
WHEREFORE, this Settlement Agreement having been presented to the Board of County
Commissioners for Monroe County, Florida , at a duly noticed public meeting on the fr-" day of
'j,
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1996, and said Settlement Agreement having been approved by said Board of County
Commissioners on behalf of the Defendant, MONROE COUNTY, the parties hereto set there hands
and seals as are indicated below.
ranklin R. Atwell, individually
and on behalf of James E. Atwell
c/o PO Box 420973
Summerland, FL 33042-0973
(305) 745-8868
(305) 745-9903 facsimile
Board of County Co
Monroe County, Florida
Shirley Freeman, Mayor
APPROVED AS TO LEGAL SUFFIENCY:
ATWELL.SAG
for Defendant COUNTY