07/07/1987AGREEMENT
This Agreement entered into this 2C" day of July 01
1987, between the STATE OF FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS (hereafter referred to as the Department) and FLORIDA
COMMERCIAL INVESTMENTS, INC., a Florida corporation (hereafter
referred to as the Owner) and MONROE COUNTY, a p4itical
subdivision of the State of Florida (hereafter referred to as the
County).
W I T N E S S E T H:
WHEREAS, the Department and the Owner, along with
Monroe County, are parties to an appeal filed by the Department
pursuant to Section 380.07, Florida Statutes, pending before the
State of Florida Land and Water Adjudicatory Commission, styled
as follows: IN RE BUILDING PERMIT OF MONROE COUNTY, FLORIDA NO.
C21581 ISSUED TO FLORIDA COMMERCIAL INVESTMENTS, INC. IN AN AREA
OF CRITICAL STATE CONCERN; and
WHEREAS, the Department and the Owner wish to enter
into a stipulation of settlement resolving the above -mentioned
appeal; and
WHEREAS, Monroe County building permit C21581 issued 14
April 1987 (a copy of which is attached and marked EXHIBIT A),
allows Owner to upgrade an 18-unit motel and apartment to 54
units, one office and all site work; and
WHEREAS, Monroe County building permit C21581 does not
follow the Monroe County Comprehensive Plan and Land Development
Regulations effective September 15, 1986, in that it did not
properly consider the requirement for impact fees; and
WHEREAS, without need to adjudicate the correctness of
the Monroe County decision and regulations under which this
permit should be evaluated, the Owner agrees to undertake
required studies to measure and determine impacts;
THEREFORE, in consideration of the mutual covenants
contained herein, the parties agree as follows:
1. Owner has submitted to the Department a traffic
study consistent with the Monroe County Comprehensive Plan which
1
projects that the level of service will not be lower than Level
"D" nor require current or future roadway improvements;
therefore, no impact fee need be assessed for traffic.
2. Owner agrees to pay to Monroe County:
(a) a park impact fee the amount of $107 per unit;
(b) a solid waste impact fee in the aunt of
$54.18 per unit;
(c) a police and law enforcement impact fee of
$85.32 per unit;
for a total of $246.50 per unit; $8,874 for the 36 additional
units authorized to be constructed under Monroe County permit
C21581. This fee shall be remitted to Monroe County prior to the
issuance of the certificate of occupancy for the authorized
project.
3. Based upon the Owner's covenants and
11 representations contained in this Agreement, the Department will
voluntarily dismiss its appeal of Monroe County Building Permit
C21581 to allow the Owner to begin construction under the permit
in accordance with this Agreement.
4. In the event of a breach of this Agreement, or
failure to comply with any condition of this Agreement, or if
this Agreement is based upon materially inaccurate information,
the Department may terminate this Agreement or file suit to
enforce this Agreement as provided in Section 380.11, Florida
Statutes, including suit to enjoin all development.
5. This Agreement shall be recorded by the Owner, who
will provide proof of such recordation to the Department, in the
official records of Monroe County, Florida, and shall be
enforceable against all successors, heirs or assigns of the
parties.
STATE OF FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS
BY: I H &6
�X , J- —
M G. PE
Secretary
2751 Executive Center Circle, East
Tallahassee, Florida 32399
(904) 488-0410
2
FLORIDA COMMERCIAL INVESTMENTS, INC.
BY:
Witness WILLIAM 3. ROPRTS
Roberts, Egan & Routa, P. A.
217 South Adams Street
Witness Tallahassee, Florida 102
(904) 224-5169
DATE: AIV67
ATTESTA.'7-ivv L. g3LUAGE, Clerk MONROE COUNTY
��.O�wo—oa BY:
Clerk
61e00-
DATE: �% r
T7
APPRO D AS TO FOr?f
AA L ^.:. SUFFIr1rfXYe
RY ''L-t�e '\ i(
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mina
FLAOD XNE: BUILDING PERMIT
-A-16, V-16 BUILDING AND ZONING DEPARTMENT
E[.EVATICN 12 OF
MONROE COUNTY, FLORIDA
OD M R= 14, 1987
Ln . DA
N
THIS PERMIT SHALL ALLOW WORK (AS DEFINED UNDER WORK DRCRIPTION =LOW -AND AS MOWN AND
.SPECIFIED ON PLANS SUBMITTED AND ON FILE IN THE BUILDING DEPARTMENT OFFICES) TO BE PERFORMED
ON THE FOLLOWING PROPERTY BY THE OWNER LISTED.
ALL CP TRACT 20 & Lots 1-7 , TRAM 21, SIUN= COVE
LOT_ BLOCK SUBDIVISION SEC 32 T 61s R 39e
W U.S. #1 AND OCEAN BAY ERIVE
d STREET OR ROAD
OWNER FIDRMA C�7AL INVFSI�TTS, INC. NANC'Y PHONE 852-9879
MAILING ADDRESS P.O. BOX 2686, ICY INWI FL 33037
CONTRACTOR ROEEFC MCIRI SH C00O28844 PEE 451-3070
MAILING ADDRESS P.O. BOX 2704, IK'Y IAI=, FL. 33037
WORK DESCRIPTION UPGRADING OF 54 UNIT MOTEL, 1 APARIMUC• 1 OFFICE AMID ALL+ SITE WORK.
REMARKS 20,000 sq. ft. encl • ESTIMATED VALUE $1, 225, 000.00
SEE FnE C19426 . SLMC ONTRACIORS MUST TOGISTER WITH THIS CIz'F'ICE PRIC►� �0 ANY MftttM
INSPEMONS . THIS PEF2 = BECCM S EFF•DCTIVE CNLY AF'M 45 DAYS AND W ME Mpfr
CF CCbNffA= AFFAIRS DOES n NCyT APPEAL IT'S ISSiL�. (F.S. 380.05) CR UNAtIflU
UPCN APPROVAL BY 7M DEPT. OF CCMKINTTY AFFAIRS. MaS PEFWT WV ISSUED tI�IDER THE
TIC "CID PLAN" NO 3MACT�F�EEES,yA�REE�MUUIpRM" p�� -
WORK MUST BE CCr�N AID BTY1CC�L'•XZC #1Z99&,H& ST BArIIC OF 1 $40 42.00 -
PERMIT CARD MUST BE DISPLAYED ON STREET SIDE BUILDING FEE
OF LOT IN PERMANENT, SUBSTANTIAL MANNER AND $2,643.00
IN A CONSPICUOUS, SHELTERED LOCATION, ACCESS PLUMBING FEE
DU TO THE nWECTOR. PERMIT MUST REMAIN DIS
PLAYED UNTIL. AFTER FINAL INSPECTIONS. QU COPY $2, 356.50
OF APPROVED PLANS, BEARING BUILDING DEPART- ELECTRICAL FEE
MENT AMPS, UMIE KEPT ON THE JOB SITE. AVAIL.
ABLE TO THE ON3. INSPECTORS AT THE TIC OF ALL IN- TOTAL FEE $9 0 841.50
SPECTITHIS PERMIT BECOMES NULL AND VOID IF WORK IS NOT wm11 ri vvm w DATS OF IS-
SUANCE OR 7 WORK IS SUSPENDED TOR A PERIOD EZCEE )ING ONE HUNDRED AND TWENTY (120)
DAYS. ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WOKE SHALL BE
COMP WITH. THE GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE
OA CiOaL THE PROVISIONS OF ANY LOCAL, STATE OR FEDERAL LAW REGULATING CONSTRUCTION
OR TRZ MFORM"CE OF CONSTRUCTION. THIS PERMIT IS NON -TRANSFERABLE. NON -MARKETABLE
-ASSIGNABLE AI ANY ATTE[�eTED TRANSFER, SALE OR ASSICIMM OF SAID PERMIT
T ni TImnAtrf(bmA=ffREVOCATLON OF SAID PERMIT.
SIGNATURE OF OWNER CONTRACTOR OR AUTHOR-
IZED AGENT
"FAILURE TO COMPLY WITH THE DCCHM "q'
LIEN LAW CAN RESULT IN THE PROPERTY
OWNER PAYING TWICE FOR BUILDING
8fflROVEIQMW.
qpt
Opp l` •
PERMIT C 21581
MONROE COUNTY BUILDING DEPARTMENT EXHIBIT
BUILDING PERMIT --
NOTE NaC- _e 2 1591
THIS PERMIT IS NONTRANSFERABLE -A r;
Date Isrued
V. dluation
ais to to Certify
a that .00rid-a.CQr �� ...
----
p�rnission to6e---- �.�..
..l.C-C....�...
of _ Block
Aq - 't __
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The person accepting this permit shall conform to the terms of -the application on
file in the office of the Zoning Department of Monroe County and construction
shall conform to the requirements of the Monroe County Codes.
B Building Contractor
E Electrical Contractor
P Plumbing Contractor
Inspections Required — 24 Hour Notice Required on All Inspections.
3t 3rd
and 4th
Final
Health
Deportment
•rmit void if construction is not Permit void if :oninq classification
:acted within thirty days. are Violated.
' IMPbRTANT _ NOTICE
This card must be displayed on street side of lot in a PERMANENT, SUBSTANTIAL
AND IN A CONSPICUQUS. SHELTERED LOCATION, ACCESSIBLE TO
THE INSPECTOR. Card must remain displayed until after final inspections.
NO INSPECTIONS will be made unless a set of plans, each sheet stamped with the
approval of the Building Department, and approval of the Health Department, is
available for the inspector on ,the job site. APPROVED
.pproved Subject To Health Dept. Approval O° Cornty'*
'all a3-!�-_.__.q (.0 For InsP Inspections _
upection Must Be Made Before Pro- Monroe County Building Department
Monroe County Commission
RESOLUTION NO. 264 -1987
A RESOLUTION AUTHORIZING THE MAYOR/CHAIRMAN
OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, TO EXECUTE AN
AGREEMENT BY AND BETWEEN THE STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS, FLORIDA
COMMERCIAL INVESTMENTS, INC., AND MONRON
COUNTY CONCERNING SETTLEMENT OF THE APPEAL;
FILED BY THE STATE OF FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS, IN RE: MONROE COUNTY
BUILDING PERMIT #C21581.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that said Board hereby authorizes the
Mayor/Chairman of the Board to execute an Agreement by and
between the State of Florida Department of Community Affairs,
Florida Commercial Investments, Inc., and Monroe County, a copy
of which is attached hereto, concerning settlement of the appeal
• filed by the State of Florida Department of Community Affairs, in
re: Monroe County Building Permit IC21581.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the ,lt day of Jk �� A. D. 1987.
(Seal)
Attest: DANn L KOLHAGE, Clerk
_ I /
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By 5�Y
ayor a rman ♦x
APPRROVro AS TO FOr" '
AINGL Stir -Fir
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