Case No. APP-93-071STATE OF FLORIDA
LAND AND WATER ADJUDICATORY COMMISSION
DEPARTMENT OF COMMUNITY AFFAIRS,
Petitioner,
V. CASE NO. APP-93-071
DANIEL AND MiOMI PHAIR,
Owners; RUDE E. RHODUS,
General Contractor, and MONROE
COUNTY, a political subdivision
of the State of Florida,
Respondents.
AGREEMENT
This Agreement is entered into between DANIEL AND NAOMI PHAIR
(herein "Owners"; HUGH E. RHODUS, (herein "contractor"); the
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (herein "DCA" or "the
Department"); and MONROE COUNTY, FLORIDA.
WHEREAS, Daniel and Naomi Phair are the fee simple owners of
real property known as the southwesterly 75 feet of Block 3,
Matecumbe Ocean Bay subdivision, Section 1, Lower Matecumbe Key, in
unincorporated Monroe County, Florida (herein "the subject
property"); and
WHEREAS, Hugh E. Rhodus is the General contractor for the
proposed development on the subject property; and
WHEREAS, on July 6, 1993, Monroe County issued to the Owners
and Contractor six (6) building permits, each numbered 9230006440,
for development of a single-family residence on the subject
property; and
WHEREAS, each building permit is a "development order" as
defined in Section 380.031(3), Florida Statutes; and
WHEREAS, the development orders were rendered to the
Department on July 8, 1993, and were timely appealed to the Florida
Land and Water Adjudicatory Commission pursuant to Section 380.07,
Florida Statutes; and
WHEREAS, most of Monroe County, including the subject
property, is located within the Florida Keys Area of Critical State
Concern, as designated under Sections 380.05 and 380.0552, Florida
Statutes; and
WHEREAS, DCA is the state land planning agency with the duty
and responsibility of administering and enforcing the provisions of
Chapter 380, Florida Statutes, The Florida Environmental Land and
Water Management Act of 1972 ("The Act"), and the rules and
regulations promulgated thereunder, which include the Monroe County
land development regulations; and
WHEREAS, pursuant to Section 380.032(3), Florida Statutes, DCA
is authorized to enter into agreements with any landowner,
developer, or governmental agency as may be necessary to effectuate
the provisions and purposes of The Act or any rules promulgated
thereunder; and
WHEREAS, the parties wish to avoid the expense and delay of
lengthy litigation and resolve the pending appeal of building
permits numbered 9230006440 under the terms and conditions set
forth herein, and it is in their best interests to do so; and
WHEREAS, Monroe County joins in this settlement agreement for
the purpose of implementing and enforcing same.
E
NOW, THEREFORE, in consideration of the mutual covenants and
undertakings herein, and in consideration of the benefits to accrue
to the parties to this agreement, the receipt and sufficiency of
which are hereby acknowledged, the parties hereby agree as follows:
1. Recitals. All recitals contained above are incorporated
herein and are essential elements hereof.
2. Revised Site Plan. The property shall be developed with
a single-family residence in accordance with a revised site plan,
which will increase the shoreline setback by an additional 35 feet
on the waterward side of the lot, and in accordance with the
conditions set forth in this agreement.
3. Revised Building Permits. The parties agree that the
subject property may not be developed under Building Permits No.
9230006440 as issued by Monroe County on July 6, 1993. Monroe
S
County shall revise building permits no. 9230006440 consistent with
this Agreement. Development of the subject property may then
proceed in accordance with revised building permits consistent with
this Agreement.
4. Further Proceedings. Within five (5) days after Monroe
County has rendered revised building permits consistent with this
agreement, DCA shall file a notice of voluntary dismissal of this
appeal and seek a final order from the Florida Land and Water
Adjudicatory Commission concluding this appeal proceeding. By
their signatures hereon, the Owner, General Contractor, and Monroe
County join in any request for entry of a final order consistent
with this Agreement.
3
5. Caveat. The parties acknowledge their disagreement over
whether the subject building permit is consistent with the Monroe
County land development regulations and have entered into this
Settlement Agreement solely in the spirit of compromise. This
Agreement shall not be deemed to constitute a waiver of any party's
position with regard to the proper interpretation of the Monroe
County Code, and shall not be given precedential effect with regard
to any other permit issued by Monroe County.
6. Scope of Authority. This Agreement affects the rights
and obligations of the parties under Chapter 380, Florida Statutes.
It is not intended to influence or determine the authority or
decisions of any other state or local government or agency in
issuance of any other permits or approvals that might be required
by state law or local ordinance for any development authorized by
this Agreement.
7. Duplicate Originals. This Settlement Agreement may be
executed in any number of originals, all of which evidence one
agreement, and only one of which need be produced for any purpose.
B. Binding Effect, Recordation of Agreement. This
Agreement is intended to and shall create a covenant running with
the land, and shall be binding on the parties, their successors and
assigns. Within ten (10) days after entry of a final order by the
Florida Land and Water Adjudicatory Commission concluding this
appeal, the General Contractor shall record this Agreement in the
Public Records of Monroe County, Florida, and shall promptly
provide proof of recordation to Monroe County and DCA, including
the official records book and page where this Agreement is recorded.
4
9. Release: Costs and Attorney's Fees. The parties hereto
release each other party from any and all claims of whatever nature
which arise or may arise out of the issuance or appeal of the
permits identified in this Agreement. Each party shall bear its
own costs and attorney's fees incurred in this proceeding.
10. Entirety of Agreement/Amendment. This Agreement
constitutes the entire agreement of the parties. This Agreement
may be modified or amended only by a separate writing entered into
between the parties hereto and recorded in the public records of
Monroe County as provided in paragraph 8 above.
11. Enforcement. This Agreement may be enforced by any
party as provided in Chapter 380, Florida Statutes, or as otherwise
allowed by law.
IN WITNESS WHEREOF, the parties have executed this Agreement
on the dates and year below written.
J �_ 0 e,_)
Date
STATE OF FLORIDA
COUNTY OF I ALC� �
DANIEL PHAIR
The foregoAlng instrument was acknowledged before me this
day of __-_3 L- q S , 3, by DANIEL PHAIR, who is
personally known to me or who has produced
as identification, and who did (did not) take an oath.
61 A—=- -=-.!! —.-
Notary Public
CHARLES P. TITTLE
MY COMMISSION # CC 26M
AZTfEXPIRES: Mamh 18,1997 Name ( typed, printed or stamped)
BMW Thru Notary PUbk Unk wtbm
Commission Number
My Commission Expires:
5
Date
STATE OF FLORI
COUNTY OF ��ti� r ti t
Naomi Phair
The foregoing instrument was acknowledged before me this
day of 3 - �,-) L , �, S , 1994, by NOAMI PHAIR, who is
personally known to me or who has produced
as identification, and who did (did not) take an oath.
r
��=TITTLE,
Notary Public
J4,pv r�.'i C� �SMrcoMName (typed, printed or stamped)
FXP!$'el—
Commission Number
My Commission Expires:
6
Date
STATE OF FLORIDA
COUNTY OF MONROE,
The foregoing instrument
day of
of GENE RHODUS, INC., who is
produced
(did not)
take an oath.
. TITTLEN
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GENE RHODUS, INC.,
a Florida Corporation,
By
i
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Name
Title
was acknowledged before me this
, by CA. - k Ck'
personally known to me or who has
as identification, and who did
(2,
NotaryG
Publ is
oe LeS �
Name (typed, printed or stamped)
Commission Number
My Commission Expires:
AG)r (��s
Dat
STATE OF FLORIDA
COUNTY OF MONROE,
day
the
who
did
MONROE COUNTY, a political
subdivision of the State of Florida
By •
oTM*x ow (Ch rman)
SHIRLEY FREEMAN
(SEAL)
Attest: Danny L. Kolhage, Clerk
SHIRLEY FREEMAN
The ego' g instrument was,,acknowledged/Defore me this
c
of , 199r,by aAMA5.0p], as Chairman of
Board o County Commissioners, who is personally known to me or
has produced as identi ication, and who
(did not) take an oath.
Name (typed, printed or stamped)
Commission Number
My Commission Expires:
8
AV CCU
' •' July SIRES
29, 1997
BOIi�ED 7ft T WV FAW
nMr:ANCE, INC.
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19��
Date
STATE OF FLORIDA
COUNTY OF LEON
DEPARTMENT OF COMMUNITY AFFAIRS,
An Agency of the State of Florida
ByC LV0-
Name sPA&,voAi
Title B,' ViSi'od reef- 1.
This instrument was acknowledged be re me this day of
19,945 by 1�+' lei, AA114
as vis J i d i R e C?Ilt of the Department of Community
Affairs, who is personally known to me and who d341 (did not) take
an oath.
Name (typed, printed or stamped)
Commission Number
My Commission Expires:
9
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