12/08/1992 AgreementAGREEMENT
THIS AGREEMENT, is entered into by Twi .i Harbors, Inc., a Florida corporation,
("Twin Harbors"), Monroe County, a political subdiiision of the State of Florida, and the
Florida Department of Community Affairs ("DCA").
WITNESSETH:
Whereas, Twin Harbors is the owner of approximately 8 acres of real property in
unincorporated Monroe County, Florida, more particularly described on Exhibit A attached
hereto, which property is in a suburban commercial (SC) land use district; and
Whereas, on February 23, 1988, Twin Harbors received final major development
approval from Monroe County for a hotel with amenities to be developed on the above
property, which said approval was appealed by DCA to the Florida Land and Water
Adjudicatory Commission; and
Whereas, on August 31, 1988, Twin Harbors, Monroe County, and DCA entered into
an agreement in which Twin Harbors was permitted to construct a 140 unit hotel with
amenities on the above property provided that, among other things, Twin Harbors acquired
23 transferrable development rights (TDR) for the Twin Harbors project, and in
consideration for said agreement DCA dismissed its appeal of the Twin Harbors major
development approval; and
Whereas, Twin Harbors has acquired 23 TDRs from the Crane Point Hammock
r
property owned by the Florida Keys Land and Sea Trust which property is in an urban
commercial (UC) Land Use District; and
Whereas, a dispute has arisen between Twin Harbors and Monroe County as to
whether the Crane Point Hammock TDRs are acceptable under the terms of the 1988
settlement agreement; and
Whereas, Twin Harbors has, in connection with the development of the Twin
Harbors project, constructed three employee housing units on the property which Twin
Harbors contends it was authorized to do by the Monroe County Planning Department as
evidenced by the building permits issued by the Monroe County Building Department for
the project and inspections by the building inspector during the construction of the units;
and
Whereas, a dispute has arisen between Twin Harbors and Monroe County as to
whether the three employee housing units were authorized by Monroe County; and
Whereas, it is in the best interest of the parties to avoid the expense and delay of
litigation to resolve these outstanding issues; and
Whereas, Twin Harbors, Monroe County, and DCA desire to enter into an amicable
resolution of these outstanding issues by amending the 1988 settlement agreement as
hereinafter provided.
Now, Therefore, in consideration of the mutual covenants set forth herein, the parties
agree as follows:
1. REPRESENTATIONS: The above representations are incorporated herein
7
and form a part of this Agreement. The settlement agreement entered into among the
parties on August 31, 1988 and the Agreement between Twin Harbors and DCA dated
October 15, 1992, are reaffirmed except to the extent modified by the terms hereof.
2. TRANSFERRABLE DEVELOPMENT RIGHTS: Twin Harbors contends that
it acquired the 23 TDRs from the Land and Sea Authority ("the Crane Point Hammock
TDRs), only after having been assured by the Monroe County Planning Department that
the TDRs qualified for transfer to the Twin Harbors site in all respects. Twin Harbors
further contends that the TDRs are in full compliance with the applicable Monroe County
Land Development Regulations. Monroe County denies that Twin Harbors' reliance upon
the actions of the Planning Department was reasonable. Monroe County also contends that
the Crane Point Hammock TDRs do not comply with applicable Monroe County Land
Development Regulations and accordingly, the Planning Director refused to authorize the
transfer.
In order to resolve the dispute centering around the Crane Point Hammock TDRs
Twin Harbors agrees to acquire an additional 11.5 TDRs, or a total of 34.5 TDRs, from the
Land and Sea Trust. The conveyance of the 34.5 TDRs shall be by instruments executed
by both the Land and Sea Trust and the holder of the mortgage on the Land and Sea Trust
property from which the TDRs are transferred, with the result that the conveyance is
warranted to be free and clear of any interest of the mortgage holder or any other person
or entity. Twin Harbors shall transfer the total 34.5 TDRs to its hotel site by Warranty
Deed as provided in Section 9.5-265 (b)(2), Monroe County Code.
3
V
3. EMPLOYEE HOUSING UNITS: Twin Harbors contends that during the
review of the site plan submitted to the Monroe County Planning Department pursuant to
the terms of the settlement agreement, Howard Tupper, a former Monroe County Planning
Official, informed Twin Harbors that it was the policy of Monroe County to encourage the
development of employee housing units on projects of this type and that if Twin Harbors
agreed to construct additional employee housing units on the property the Planning
Department would approve the site plan and submit it to the Building Department for
issuance of a building permit for the units Twin Harbors contends that in reliance upon
Howard Tupper's instructions, Twin Harbors submitted its site plan including the three
employee housing units to the Planning Department, was issued a building permit for the
three employee housing units and thereafter completed construction of the units.
Monroe County denies that the three employee housing units are authorized by the
settlement agreement and that the building permits issued by the Monroe County Building
Department include the three employee housing units.
In order to resolve this outstanding issue, the parties agree that the August 13, 1988
settlement agreement is hereby amended to authorize the construction of the three
employee housing units presently existing on the project and the Monroe County Planning
Director shall cause the Monroe County Building Department to issue a Certificate of
Occupancy for those units.
4. RELEASE OF ALL CLAIMS: Twin Harbors agrees to release Monroe
County and DCA from any claims or rights of action Twin Harbors may have arising out of
4
or relating to any actions, inaction or delay by Monroe County, DCA or its/their agents,
representatives, and employees in connection with the processing of any application for
transfer of TDRs and the issuance of development ap-Novals for the three employee housing
units referred to herein.
5. ENTIRE AGREEMENT; AMENDMENTS: This document contains the entire
and exclusive understanding and agreement among the parties and may not be modified
except by an instrument in writing signed by all parties.
6. BINDING EFFECT: This Agreement shall inure to the benefit of and be
binding upon the parties, their heirs, successors and assigns forever.
7. SCOPE OF AUTHORITY: This Agreement affects the rights and obligations
of the parties under Chapter 380, Florida Statutes. It is not intended to determine or
influence the authority or decisions of any other state or local government or agency in the
issuance of any other permit or approval which might be required by state law or local
ordinance for any development allowed by this Agreement.
8. CONFLICT: In the event of any conflict between the provisions of this
Agreement and any prior agreement, or any present or future statute or regulation, the most
restrictive provision shall apply.
9. RECORDATION: Twin Harbors shall record this Agreement in the Public
Records of Monroe County, Florida, within 10 days after the date of this Agreement and
copies of the recorded instrument showing the book and page were recorded shall be
provided to DCA and Monroe County.
5
10. DATE OF AGREEMENT: The date of this Agreement is the date the last
party signs this Agreement.
In Witness Whereof, the parties, by their duly authorized undersigned representatives,
have executed this Agreement on the date and year below written.
Dated:
Witness
Witness
State of Florida
County of Monroe
TWIN HARBORS, INC., a Florida
corporation
Lo
Na
Title: Vice -President
The foregoing instrument was acknowledged before me this ^`� day of
December, 1992 bas �, of Twin
T
Harbors, Inc., a Florida corporation, on behalf of the corporation. He i ersonally known
to me or has produced r �Q_ as identification and td(did not)
take an oath.
My Commission Expires:
}r 7 LISA==FRINS
MY COMMISEXPIRES8=6d Thm NO
Dated:
Witness
Witness
State of Florida
County of
v
Notary Public (Seal)
Print Name of Notary Public
DEPARTMENT OF COMMUNITY
AFFAIRS, State of Florida
By:
Name:
Title:
The foregoing instrument was acknowledged before me this
7
day of
December, 1992 by as of
Department of Community Affairs, a Florida corporation, on behalf of the corporation. He
is personally known to me or has produced as
identification and did(did not) take an oath.
My Commission Expires:
(SEAL)
Attest: DA.Ny 4 yOLHAGE, Clerk
`Deputy Clerk
Dated: /J —
Notary Public (Seal)
Print Name of Notary Public
MONROE COUNTY
r
Name: Jack London
Title: Mayor/Chairman
APPROVED AS TQ'-FORM
AND LEGAL Sl.IFFICIfNCY
State of Florida BY
Attorneys Office
County of Monroe
The foregoing instrument was acknowledged before me`this 14th day of
Jan�u}ar 93
i rU 1 19M by .Tark T.nnflnn a.;; Mayor/Chairman of Monroe
County, on behalf of the corporation. He is personally known to me or has produced
as identification and did(did not) take an oath.
Notary Publi (Seal)
My Commission Expires: _
Rah AbonzSlnTz= n
RUTH ANN JANTZEI� Print Name of Notary Public
Notary STATE OF FLORIDA
P�eao My comrn ExP12/30/95
BONDED
W
a dir Islaratat glad urger; are tar point of /4ln"144 V-ir'C. ii 8, 0A o 1:1 a-alartiiii c, OIL, r
Of the fotwr rront-of-aeF of the Florida Eat Coast Mal lwo. + " �ttht«e/wiy i�,•
IAtersRto film fact ltouedary line of let 1,.S1KtloM It. TawRsestf, t'h: Maftle 311Fart.
frro fold Point of NOlnning, run thence In a Seulltwaattrly dteistIO04lallp•#4i4 riptt•.04
bey line a distance of 111.16 toot: thence no at rlilRt 400,011 In A liftusustarly•d/feettio�i
r dletance of a17 feet. doff or less, to the waters of 01WAssear• took than real . _..
faitorly aid" the watery of Olackratyr Sam; a dlltMte of 40 Mt or more to a paint
where the watery of slackwster Sound Intrrs#ct toe Last boundary Jiro of Lot 1, Section 11.
rodnsnle ad, South, Range 31 fast; tnPnce South #ION the fast Ipowlder'y tine of tot 1.
section 11. Township 61 South. Range 39 rest. a dlstaaeo of- 3V...f3 fact to Point of aooifutlrl,l.
0c#otim therefrom the following described ►oral:
P.rc#1 0: 4 pin lon of Lot 9 SectlAn II, Township 63 South. hale 31 East Kew Large,
nroe aunty, Florida, At shown on Model Lind-C.a sWy. flit Raearde0 to 1•�It elm*1 PYOe
66. Public Records of Munroe County, rlorida, am particularly described A follows:
te9imitlg At the lntarsOctlon Of the East Ithe of the Said Lot. Is ad tied Northwesterly
*lent-ot�ier of Stara Road NO. 5( formerly F.f.C.ROIJwtl) runt Muthil"Oorly aleno Rs$$
sorthwesttrly rlOht.-Of"way line a Alstmcv of. Ii.U:let: CKMit ae"l\tarfor an41f air:
0" ' rtrl Morthsooterly. a distance or 111.5 tat, Son or 140. to tw *MV if$lack~
; thence laafldarinf Slid short of fifetwour i&n i in t �( iopply direction,
Salle Easstttl ne2ol tui, A distaor nce Of 40tit f'PNt+W id, MPowrLet
a6i ts"'w sRrtn ow t:,l.
gsahfq. •
Mlo
A parcel of subokrgad land In Olaekwater Sound lh Seetloa it. Tbwneatl it 11nth, Ran00.14 WE
toy largo, Monroe County. Florida. more particularly dtrtrlbdd`aa ralltows:
From the intertectlfnt of the diytdinl lina.betwaen Lots f and 10 Iii-s tion if. Township i
SI South, Ran" 3s East with trio Nortnwastorly right -of -ray line of O.S. Mlghwy No. 1, '
forOarly F.E.C. Railway, All at shown on Modal land COaoany. Plat recorded In Plat 1"* 1,
Page 61 of the hAlle 4KOrde of wave# cinistf. Ilwids, to South 4m, Will, eionq Will $614
g Norshstorly rlghe-ef-wy�• J tat. i' distaMo of 1).y0; hn = on; Interyr rich• of tlMO nlnws .. '
Prpprly; thoneo earth 20.01' West &ION the seed fmoriy tide of tm Mines of"Mrty, A
distance of M root, More or less, tot f4l, Elan Rtgh lift line an the show! of 1I1tRwitact
SOomd used the alit of b"IARJng Of the $areal hereiMftlr dkeribed: th#nct continue North
28001' Vast, a distance Of 100 feat; thWo 5490 HOW406 hest. a distance of 162.2 feet: '
thaan South 14030• Wiest. a distance of 125 fact to :the •aertharOsterly ereloegstton afi the
Southwesterly time of the !lines preprrty; thence South 52.30. East slap said prolonyatlon
J distance of 100 feet to the Said mrM high tide lint: tharms. liorthtcaalarIy meenderllw
Ieid high tide line, a distance of ;70 feet to till Point Of ggtnning,
A Putt16R Of lot s, end aeldtPnt suolaerged land 14 Ilackw0vir Sound. in Section Ili Towashir ' 1
Of 50uthgo
, Range 31 East, toy Largo, Monroe County, Florida, as ISO"on Model Land Co. PIA:
r#eargoil in Plat tMON i. Page 48. Puhlic Records of MMMtr'#e County, fiorido. wee partlCullri,
lescr{hed as fntlows:
From the Intertoctlen of the fnL line of said Lot 1 and tilt fottWraterly t'Ight-of-way
11n0 Of State Road No. Slfs►sq►ly f.I:.C. Railway) run Sourromtorly slang said Borth•
westerly right-e►.Iray Ilan, a distance of 17,% fett to ttr.pllM .i* beginaing of tbb parcel,
neroinofter described: thence Nortil 111"Iy'30• Writ. a dlsf.Nlet Of step flair Mare or leSS.
to the thorelfM as thane on told PLat Hoot I . Paps 60; thilift•coatlnuo Wth ti'Ly'30-
►lest along the Eostlely tide of a tract of Sub'*" I" purrltdsod t►wVa SLte of Florld:r
by got* Ile. ZINN. a distance of 100 fleet: thence �auth S'3w'Dt►'40' watt #Iehg tlio mortaorly
tide of said tract of tubmergrd loud, a distance of I6 reet.Moz or gage; thence south
2froa' cast, A distanco of 410 feet. Moro or Iris to the Wit. at DONniiirg.
t AW
from a Fula on tA# NortHwut tide of the former right.o(-ay of the Florldi Jist Coast
Railway whet sold right-0-way Intersects the East bMrfMdef y line of Lot t, Section 11. t—
ship 61 Sditil. flange 39 fist and runntrtg thence 1Wthwr+berlr along Said. ►Ittht,d-wpy I Ine
ac distet of 11y.1g feet ter a startim point: thence fr•#M sold pint of aet.nn+/q run Oft a
Mortlwosterly direction At rrQht anal#: to Bald MerthwoeWlF rl9At-of-my rind t •lstance
of 467 feet, do►e or less, to the waters of 6loakwall#r. SOwd, thence rug in a $arthwdsterty
rll
direction aiothe waters or alotkwater Sound to a.poita *tt a Jllir which is 90:Fhet SOUtnrn%t
Of and parallel to the •old first court# herein dosariba T tnWeee Yve In it Soutltajatorly
dlreett0a lion sold line shich is to fyet•SoutJnrrat of ". 0arallel to tht%lrst erwrso
Mrwin a dlsteas# of 4e0 ►oat, more or loos, to the said iss"b ostarly right -of Vey line of
the Florida East Coast Railway as formerly constructed: theheo run in a Northeasterly dlffctl-jn
eleftg rho Said NOrthwolte►1y right-of-way )Ina a dittanc+ of 10 fret to the Point of leeinnlnr.
A VOMIOn of L04 !. ldctliis J S. tbiia'ihl0 6t 1�h 111egt -U I *. low! Prrtlell • 1 ., i '
Lot s, Soetlon III, Tanship 61 Soma.,it*)"11 81si. Ky,.perbo. ►iorldea-to .Irmo Pm ameol
lace callesny rift, recorded to Plat Rat 1. PRO ii•gf the h1lic Maids of 10eerea Wmnty,
Florida, described as ►blltws: -
From a point of the Northwest side of the fureer right-of-wy of the Florid& East coast
Notlroad Mtero said, right -OF -wry Intarteets the East bo#n04h Ilne of Lot 9, Section H .
Towhaeip 61 south. Range 31 fast, one running Chance Sarrthwastarty aloe the raid
M/PRht-of..M I Iris a distance of io16 7.fret fop a starting M►mtI thuM* from said, point
O h.olnnlne r.M in • Mnr•ftwosterly direettWlat.rtgh6 Ap9let'to "Idjmftbnstayty
j't ,,,r. •c, ra,.r. •nrr AP 1011. to the waters of 6locaanar Sound:
�.../ O�'� 8 t✓ �� r "., .. • nolht of
Missile
i
•t .::
'ilia :f Stitt Aoatt ►a. glfort• i.f.t. Rdiltlsr) IV" 5.CUU ett9rly Alone lslOw
"Wsele rieht•of.wv 1160. onto of 17.56 feet t0 7* point ol. bpinnllt0 t )4"rI
nopolnsftbr describe: thence tulfth 2a-Z)130- Not. a dlmon of 390 felt''>i� n ., 106t,
to the thertline at shove so utd ►l,it oft I • Plot sk" therm.contlnw96-211So-
W011! clone the lastdrly side of a tract of sub&tir9pd 1&M tyroltoyee gross t�.pate of Fiortfl.•
by peed No. ZIM. 0 distance of 100 felt; thence lw a 5941"140" Melt bl 1416 Nortserly
side of $aid tract of wb toreed land, A distance of 16 feet, ter! of logs. South
?11•00• Last. a dists"re of 490 feet, part or less to the Polk of li"tnning;.
Frc" A point on the Northwest side of tMe turner rleht-vf.waj^Of the Florldilbt Last
14ilwAy d1e114 said rlgqnht-of-wef Intersects the Esst botinearl,r 11no Of lot 9.46etlen It, Town.
thta 61 lNM- 4"0 9 last And ruwunip thence loutlMdterly Ala" Bald rightrtlf•gj• IM •1
distance el'illm nett for a starting point; theng taros said point if atihelp run1 ,&
�k+rtnwestorly dlr0ctlon at right anniA% to ►aid Nerthree{erty. Pidht-of-pay �)M& distance
of ag) feet, More Or left• to the wAt,•ry of 9IACaw&er jams", ttWMS run In A 9awthwtltorly
Atftcilon Along the rotors of •taclh.Ater SOued to i•QOtltt on a Ilnr, which is 30 test mwt not,
Of And paral lei t0 the %Otd I irlt Course herein dastriliodt tlwct ivn ih a ltsetAtesWrly
dlrtstl•a IlOtte told Ilse tAtich Is 90 fst"O ehwaat at and weIIII to them rst cooew'
11W of.
thseof 440 woeyroway FloridaLast Cult Rellay A46 formerlyy construCcd1th run inaNrrtheasely #jr tl:.{-
Along the said Northwesterly rtgnt-of.wAy lint a distance of to feet to the Point of pttnnln•,
AV
A cordon of tart e. Xettljm I toweshipnII Soma I Ab4i:34 i%it, jnd.s oorOpi ofLot
n modol'
landaCospany Plotjoh , racee"" nship `n PlothAM f, Pap 6AIt •of t* 00ticFlorida.
Mcordsas 1400flo m COMSF,
Florida, described &S follow&: .
Fr,nt A point of the Northwest side nF the fordnr, right-of-wey of the Flortd0 last caa&t
tal{road where said right -of -pay inter&oats the East me b•waary line Of Lot 9, Section III
To-shiaid" time #Aid
r Oht-Of-wjsllne.andistanceE0ft, Anal 207-56rfeet for starting ppinil.tt+~ fret said point
from begbtNntg no In a NorthwMttrly directiol►at rteM aagite•te sold NOrtbttestorly
right-of.wa 11 A nt dlstot of el;0 foot. exert or lets. to the wrltre of flachmew $anomie-.
M
tnonce I ,h a SOwtavesterly direction along the Mat#" of 9lackwtor Sound to a potm on a
line %tic" is 90 feet S"st she psr&titl to the first Cowrie of herein described; thence
run a sowthessterly ailrectioe Along said Itae which Is 90 feet Southwe•t net aid •&wanton
to the first course Aer�in described: a distance of Ago feet. nor* or 1/:&• ai the sate Nortt+
westerly right-cf-way
ltine of the llorida list Coast A"Iro&d of foriastiy conttructed:
distance ofmin 190afelet. tosthelo slit of on ;among the and Northwest fit Amon-�ty.rlorldP:
e+'9 M •lying
Ala ALSO
Free a point on the NeKh%Mt side. of tot Fbnear.t-lght•af-WAY of the Florida East coayc.
Raliea weer! laid rignt-of.way Intarseetl the E/at botntdary side of tOt 9, SKtton II,
rownslttp it soeth•.gseggH last run eh•1tte,S0yttlrlat•rty along said right-of-wAy line a
distance Of t .*Af"t for a point of 4nin9i theatt COhtlnVe In a Southwesterly
direction Weill$md rlghtaof-pay lineltfftt: tlNAet a right'angle a Northwesterly
dlrocticn Nf feet. aorti.or lost. to the tin M bf 9lockeater l+Ownd, thence is an Easterly
dlreccidn •tong the wstert of elackwater 3vano I90 flog/ sore or less, thence at right
tholes (d'tl�lowtltustartr direction W0 1`01. noro.or loss. to point of •edienin2 Making A
parcel of and ft�ntt lilt feet on t,Ne ffrw rtgat-of.way line of Florldd List Coast
A11iwF dNtend" pOtt the "M rldtn:tn the Meters of e1461tw4ter Sound.
r� s..7 S•...
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ao.hc♦ ,-.� 4-ei ct...,♦ r�.wie� • e..a Irlai s• � taws �. P�*Rti '�.� �'��:� ll-•ti•-
t•�•t *,I we verei a•..•i..l+. v-Ise1 ti.,..M, \r-,114,w movb, F n•444m1 M"Ww Tiallwlee `64eI
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��. rl3A1e04 llnw.a or6^40 Sve•tafO�S. .�r�.•s- �ueV asks~ net�irta,,ert q�•h ..i�},'�
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M• iy - 1� _ .>+1 c�,j oh5!{QilA4-(&Mo vIn1�It; (� 1 `•.•.
�ev «•��- 14) Gay S r orslr rtegat . •``t� •,; :
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