Case No. 89-931-CA-05IN THE CIRCUIT COURT OF THE 16TH
JUDICIAL CIRCUIT IN AND FOR
MONROE COUNTY, FLORIDA
CASE NO. 89-931-CA-05
FREDI-CYNTHIA KAPELOW and
STEPHEN KAPELOW, individually,
and STEPHEN KAPELOW as
President of CINDICO, INC.,
Plaintiffs,
v.
MONROE COUNTY, FLORIDA,'
a political subdivision of
the State of Florida, and
STATE OF FLORIDA, DEPARTMENT
OF COMMUNITY AFFAIRS, an
administrative agency of the
State of Florida,
Defendants.
-------------------------------
SETTLEMENT AGREEMENT
This Agreement, by and between FREDI-CYNTHIA KAPELOW;
STEPHEN KAPELOW, individually and as President of CINDICO, INC.;
MONROE COUNTY, a political subdivision of the State of Florida;
and the FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ("DCA"),
W I T N E S S E T H
WHEREAS, the KAPELOWS, individually, applied for zoning of
certain real property owned by them on Key Largo, Monroe County,
Florida, which said zoning was granted by Monroe County and DCA,
thereby rendering moot certain issues raised in the above -
entitled action; and
WHEREAS, there is currently pending against Monroe County
and DCA a claim by the KAPELOWS for a temporary taking of
1'
property; and
WHEREAS, CINDICO, through its president Stephen Kapelow,
initiated its action against Monroe County and DCA seeking zoning
of certain real property owned by it on Key Largo, Monroe County,
Florida, and money damages for a taking of property, without
first seeking a zoning designation of its property; and
WHEREAS, the Court granted DCA's motion to dismiss or for
summary judgment against CINDICO and awarded attorneys fees to
DCA; and A
WHEREAS, the parties desire to amicably resolve this matter,
in a manner consistent with the Monroe County Comprehensive Plan
and land development regulations and without the expense and
delay of further litigation, and it is in their best interests to
do so.
NOW, THEREFORE, in consideration of the mutual promises and
agreements set forth herein, the parties agree as follows:
1. CINDICO, INC., shall apply to Monroe County for IS
zoning of its real property known as Lot 5, Block 5, Key Largo
City, Garden Cove Plat No. 2, as found in Plat Book 1, page 195,
of the Public Records of Monroe County, Florida.
2. Monroe County shall process CINDICO's zoning (map
amendment) application in accordance with Section 13-101.D. of
the Monroe County land development regulations (Section 9.5-
511(d), Monroe County Code).
3. Monroe County has determined, based upon information
currently in its files regarding the Kapelow property recently
A.
zoned IS, which said property is in close proximity to the
CINDICO lot, that the CINDICO lot is entitled to IS zoning.
Therefore, Monroe County agrees to grant, and DCA agrees to
approve, IS zoning for the CINDICO lot so long as CINDICO follows
the procedures for seeking a rezoning provided in the Monroe
County land development regulations, and so long as the completed
application and information received at the public hearings
establish CINDICO's entitlement to that designation.
4. DCA agrees that it will not pursue from CINDICO the
award of attorneys fees granted to it by order entered herein on
December 12, 1989.
5. Fredi-Cynthia Kapelow and Stephen Kapelow, individually,
shall voluntarily dismiss with prejudice their pending action
against Monroe County and DCA within seven (7) days of the
effective date of this Agreement.
6. CINDICO, INC., shall not seek to amend or otherwise
pursue its action against Monroe County and DCA for a taking of
property arising out of the initial classification of its subject
property in the Monroe County Comprehensive Plan and land
development regulations.
7. All parties agree to bear their own costs and expenses, a
including attorneys fees, incurred in the above -entitled action.
8. This Agreement constitutes the entire agreement of -the
parties. There are no oral or written promises or agreements
between the parties other than those set forth in this document.
10. This Agreement shall take effect and be binding on the
to
parties upon entry of an order of this Court approving this
Agreement.
FREDI-CYNTHIA KAPELOW
STEPHEN KAPELOW
CINDICO, INC., a ��pA
corporation _
By: '
STEPHEN KAPELOW
President
ATTEST:
(Seal)
Secretary —'"
I.,
STATE OF R-Oi.1DA
COUNTY OF 8(?awo ua
Subscribed and sworn to before me by Stephen Kapelow this ZZ
day of Aye-usT 1990.
notary Public
My commission Expires:
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PY
F:JTt. Y P"B:IC �'�,?'c ^9 FLcS:•u1
RuL�fO TY.E`. GLhZ.RAL 19S.VU:l.7e
STATE OF 'Fotaok
COUNTY OF S%z%m^g.p
Subscribed and sworn to before me by Stephen Kapelow as
President of CINDICO, INC., this ZZ-- day of Aucvs-t
1990. .,
!LC'�
No ar Pu is
My commission expires:
NOTARY POOLIC STATE OF FLORWA
NY CON"S3103 E.% OCT.20,1992
GOADED THAU GEMERAL I9S. Hp,
(SEAL) MONROE COUNTY, FLORIDA
ATTEST: DANNY L. KOLHAGE, CLERK
By : By:
eputy er
Mayor/Chairman
(Title)
FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS
By:
THOMAS G. PELHAM
Secretary
STATE' OF G14/0
COUNTY OF CLf C G c1
Subscribed and sworn to before me by FREDI-CYNTHIA KAPELOW
this 307U day of AuGusT -3o7*e 01 1990.
p9th 1; ���
Notary Pu i Q
My commission Eeer:-
Pf
' a
c
,0,11PROVED AS TO FOR-W
AND LEGAL SUFFtCIEhCr
y
zg� i
ttorrrey's Offire
STATE OF FLORIDA
COUNTY OF MONROE
Subscribed and sworn to before me by
as for Monroe County this day of
1990.
Notary Public
My commission expires:
STATE OF FLORIDA
COUNTY OF MONROE
Subscribed and sworn to before me by as
for Department of Community Affairs
this day of 01 1990.
Notary Public
My commission expires: