89-610-CA-25I
L
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. 1305) 743-9036
Oannp 3L. Rotbage
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. 1305) 294-4641
M E M O R A N D U M
TO: County Attorney Randy Ludacer
FROM: Nancy Cohen, Deputy Clerk
DATE: July 8, 1991
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-9253
At the June 26, 1991 Meeting of the Board of County
Commissioners, the Board approved and authorized execution of a
Stipulation of Settlement in the case of Thomas Clinton vs.
Monroe County, et al (Case No. 89-610-CA-25).
Attached hereto is the original Stipluation of Settlement which
has now been executed by all parties.
L*4's-� 64, .
Nancy Co e
, Deputy Clerk
cc: Tom Brown, County Administrator
Bob Herman, Growth Management Director
File
'91
THOMAS CLINTON,
Appellant) jki
VS.
MONROE COUNTY, et al.,
Appellees.
IN THE CIRCUIT COURT OF THE
SIXTEENTH JUDICIAL CIRCUIT IN
AND FOR MONROE COUNTY, FLORIDA
CASE NO. 89-610-CA-25
STIPULATION OF SETTLEMENT
Thomas Clinton and Monroe County hereby enter into the fol-
lowing stipulation of settlement, in accordance with this Court's
order of October 1, 1990, and following negotiations with the
County Biologist. The property subject to this agreement is
described as follows:
A PART OF GOVERNMENT LOT 2, SEC 6, TWP 66S, R 33E, ON
VACA KEY, MONROE COUNTY, FLORIDA, AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF
THE WEST LINE OF SEC 6, TWP 66S, R 33E AND THE
SOUTHERLY RIGHT-OF-WAY OF U.S. HIGHWAY NO. 1, RUN
NORTHEASTERLY ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF
U.S. HIGHWAY 1 FOR A DISTANCE OF 1709.80 FEET TO A
POINT OF INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY
LINES OF U.S. HIGHWAY NO. 1, SAID INTERSECTION ALSO TO
BE KNOWN AS THE POINT OF BEGINNING OF THE PROPERTY
HEREINAFTER DESCRIBED: THENCE WITH A DEFLECTED ANGLE TO
THE RIGHT OF 10 DEGREES AND 00 MINUTES AND NORTHEAST-
ERLY ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S.
HIGHWAY NO. 1, FOR A DISTANCE OF 270.05 FEET TO A
POINT; THENCE WITH A DEFLECTED ANGLE TO THE RIGHT OF
102 DEGREES AND 09 MINUTES AND SOUTH FOR A DISTANCE OF
935 FEET, MORE OR LESS, TO THE SHORELINE OF THE STRAITS
OF FLORIDA: THENCE MEANDER THE SHORELINE OF THE STRAITS
OF FLORIDA IN A SOUTHWESTERLY DIRECTION TO A POINT
WHICH IS 264.00 FEET, MEASURED AT RIGHT ANGLES TO THE
PRECEDING COURSE: THENCE NORTH FOR A DISTANCE OF 1025
FEET, MORE OR LESS, BACK TO THE POINT OF BEGINNING AT
THE INTERSECTION OF THE RIGHT-OF-WAY LINE OF U.S. HIGH-
WAY NO. 1, CONTAINING 5.9.ACRES, MORE OR LESS.
Clinton vs. Monroe County Stipulation
Page 1 of 4
1. Clinton agrees to conduct restoration on the subject
property according to the restoration plan described in the Octo-
ber 23, 1990, memorandum from John Bell to George Garrett, County
Biologist, and Monroe County agrees to accept said restoration,
as modified and described in this agreement, as full and complete
conformance with the Court's October 1, 1990, order.
2. The Bell plan requires the removal of all invasive
exotics from the cleared area by cutting flush with chain saws
and hand spraying stumps with Garlon 4 herbicide to prevent suck-
ering; leaving the large mixed piles of debris as they lie,
allowing them to decompose over time, rather than move, remove,
or.segregate these piles for chipping; planting 75 canopy trees
on 17.5 foot centers; and planting 45 understory trees. The
trees would be planted in topsoil placed in augered holes.
3. In addition to the Bell plan, Clinton agrees to guaran-
tee survival of 80% of the 120 trees for 12 months after plant-
ing, and agrees to carry out the planting between May 15 and July
15, 1991. If less than 80% survive after one year, Clinton
agrees to replant sufficient trees, of the same type (canopy or
understory), to have 96 living trees in the restoration area.
Monroe County agrees that the presence of 96 living trees in the
restoration area after one year fulfills the obligation of this
agreement; there is no guarantee of survival after that point.
Clinton and Monroe County agree that "canopy" trees shall be
defined as hardwood hammock trees between 6 and 8 feet in height.
"Understory" trees are to be 4 to 6 feet in height. Clinton
agrees to acquire the 120 trees in such a mix as to maximize
Clinton vs. Monroe County Stipulation
Page 2 of 4
species diversity, but using only such species as are readily
available at the time of planting.
4. Clinton and Monroe County agree that the restoration
shall be carried out by qualified individuals, under contract to
Clinton, and that County Biologist George Garrett must approve
the contract before it is entered into by Clinton. This approval
shall not be unreasonably withheld.
5. Clinton agrees to deposit the contract amount, plus 25%
to be used in the event that some trees must be replaced after
one year, in the trust account of Mattson & Tobin, and that
Mattson & Tobin shall be authorized to disburse said funds to the
restoration contractor. After one year, and after any replanting
that may be necessary to reach the 80% survival rate, any remain-
ing funds may be returned to Clinton.
6. Upon completion of the initial planting and clearing, a
County biologist shall certify that the planting required by this
settlement agreement has been completed. Clinton's contractor
shall notify George Garrett, or his successor, in writing that
the required work has been done, and the County shall, within
seven working days after receipt of such notice, either certify
the work as complete, or provide said contractor with written
notice of what needs to be done before such certification will be
issued. No building permits, other than clearing permits, shall
be issued for development on the subject property until such
certification.
7. This settlement stipulation shall be recorded in the
public records of Monroe County. One year after the planting has
Clinton vs. Monroe County Stipulation
Page 3 of 4
been completed, and any necessary replanting has been completed,
Monroe County agrees to sign documentation provided by Clinton
stating that the restoration plan has been completed and there
are no liens outstanding against the subject property, or any
property of Thomas Clinton, arising out of this proceeding or the
underlying Code Enforcement Board proceeding.
This is the entire agreement of the parties, and may not be
modified except in writing.
Thomas Cl�nton
Date:
Wilhelmina Harvey, Chairperson,
Monroe County Board of County
Commissioners
Date:
June 26, 1991
Attest: DANNY k X010AGE, Clerk
e44 -I
61
.�'
STATE OF IL INOIS:
COUNTY OF -Z V
BEFORE ME, a Notary Public at Large for the State of
Illinois, this day of June, 1991, appeared THOMAS CLINTON
who, upon being duly sworn, acknowledged that he signed the
foregoing agreement on the date therein stated.
N O T A R Y P U B L I C
My Commission expires: � /�?i'7
oMcw. S"
HUM M. CAALSON
NOTARY MUC RATE Or YJJVOn
MY OOMMLSION EV. Nov. 1. 1"3
Clinton vs. Monroe County Stipulation
Page 4 of 4