10/17/2012 Agreement DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: October 29, 2012
TO: Suzanne A. Hutton
County Attorney kjI
ATTN: Kathy Peters
jir
FROM: babel C. DeSantis, D.C.
At the October 17, 2012, Board of County Commissioners meeting the Board approved
the following:
Item I1 Execution of a Settlement Agreement concerning Judi's House, Inc. v. Monroe
County, Florida, Case No. 2010 -CA- 187 -K.
Enclosed are three originals of the above - mentioned for your handling. Please be
sure that the Clerk is provided with a fully- executed copy after execution by all parties. Should
you have any questions, please feel free to contact this office.
cc: Finance
File
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: December 6, 2012
TO: Thomas Ravenel, Assistant Finance Director
Finance Department
I
FROM: Pamela G. Hanc
At the September 21, 2012, Board of County Commissioner's meeting the Board granted
approval Item P5 an Attorney - Client Closed Session beheld in the matter of Judi's House, Inc. v.
Monroe County, Case No.: CA -K -10 -187 at the 10/17/12 BOCC meeting in Key West, FL. At
the Closed Session Mayor Rice signed the Settlement Agreement.
Enclosed is a copy of the Settlement Agreement for your records. Should you have any
questions please feel free to contact our office.
cc: County Attorney w/o document
File
IN THE CIRCUIT COURT OF THE 16 JUDICIAL CIRCUIT OF THE
STATE OF FLORIDA, IN AND FOR MONROE COUNTY
JUDI'S HOUSE, INC., CASE NO.: 2010 -CA -187 -K
Plaintiff,
v.
MONROE COUNTY, FLORIDA, 410
a political subdivision of the State of Florida, , ` ' =?O v
ant the STATE OF FLORIDA
Defendants.
SETTLEMENT AGREEMENT
Whereas, on June 24, 1994, Judi's House, Inc., and the Department of
Community Affairs entered into a settlement agreement that arose out of an appeal of a
County permit authorizing excavation and fill for four house pads on the property
described at issue in this proceeding. The agreement allowed fill for four house pads, L, �
included a revised drainage plan, and restricted density to a maximum of four units
subject to Plaintiff either aggregating additional land or obtaining TDRs to have
sufficient density for the fourth residential unit; and
Whereas, Judi's House subsequently created a land condominium for the four lots
which are now identified as Parcels 4, 5, 6, and 7, White Heron Estates, Sugarloaf Key,
Monroe County, Florida (herein the "subject property") and built one house on Parcel 6;
and
Whereas, in 2008, after being in the ROGO queue for four years, Judi's House
applied to Monroe County for administrative relief in the form of a building permit to
develop one residential unit on Parcel 7; and
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Whereas, Monroe County issued Resolution No. 037 -2009 granting Judi's House
one permit allocation for Parcel 7 on condition that Plaintiff place Parcels 4 and 5 in a
conservation easement; and
Whereas, on July 20, 2011, Monroe County adopted Resolution 213 -2011
authorizing one permit allocation for Parcel 7 and removing the conservation easement
condition in Resolution No. 037 -2009; and
Whereas, this proceeding was initiated in 2009 after the County's adoption of
Ordinance No. 037 -2009; and
Whereas, pursuant to Court Order, on October 17, 2012, the parties conducted
mediation in Key West, Florida before Ralph Brookes, Esq.; and
Whereas the parties desire to reach an amicable settlement of the issues and
claims presented in Plaintiffs First Amended Complaint and the County's Third -Party
Complaint against the State of Florida;
Now Therefore, the parties agree as follows:
1. Judi's House, Inc. is vested from the provisions of the Monroe County
Comprehensive Plan and land development regulations as to density only to build three
(3) residential units on the subject property, one of which has already been built on Parcel
6; one of which was granted an allocation by Resolution No. 213 -2011 (Parcel 7); and
one of which may be built on Parcels 4 & 5, which shall be aggregated for purposes of
development. Setbacks that apply to development of the two residential units
contemplated by this agreement shall be twenty (20) feet from the canal and twenty -five
(25) feet from the jurisdictional wetland line. If necessary to allow development of one
residential unit of reasonable configuration with a minimum principal structure footprint
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of 2,000 square feet, the canal setback may be reduced to ten (10) feet. As to density, this
agreement supersedes the 1994 Settlement Agreement between Judi's House, Inc., and
the Department of Community Affairs.
2. The allocation granted by Resolution No. 213 -2011, and the right to obtain
a building permit shall remain open and available to Judi's House for Parcel 7 for one
year from the effective date the allocation is again released by the County. Thereafter the
allocation shall lapse and Judi's House shall be required to reapply for a building permit
through ROGO.
3. With respect to the remaining third residential unit vested as to density,
Judi's House shall be required to apply for a building permit and allocation through
ROGO and shall comply with all provisions of the Monroe County Comprehensive Plan
and land development regulations in effect when the County makes a decision on future
building permit applications, except density and setbacks.
4. Judi's House shall be entitled to utilize the existing fill pads for the two
dwelling units contemplated by this agreement.
5. Plaintiff agrees to pay Monroe County its attorneys' fees incurred since
December 3, 2011, in the amount $2,250, as well as all costs incurred since that date,
including mediation costs.
6. The parties hereby expressly waive any and all claims raised in the
pleadings in this case or in any way arising out of the application of the Monroe County
Comprehensive Plan and land development regulations to the Judi's House property
described herein or the implementation of such regulations.
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7. This agreement shall be incorporated into a final order that (a) directs the
parties to comply with its terms (b) that dismisses any and all claims by the parties, and
(c) that, unless otherwise provided for in this agreement, requires each party to pay its
own attorneys' fees and costs.
8. This agreement shall inure and be binding on the parties, their respective
heirs, successors and assigns.
9. The effective date of this agreement is the date that the parties agree to its
terms; it is incorporated into a final judgment; and all appeal periods have run.
MONDE QOUNTY ATTORNEY
CLAUDIO CAPROTTI, AS PRESIDENT APPROVED AS TO FOR
DEREK V. H ARD
JUDI'S HOUSE, INC
ASSISTANT COUNTY ATTORNEY
DATE j/-/ -- /.-
f /�.
MONROE COUNTY MAYOR DAVID RICE . ':AL) , x ,
MONROE COUNTY, FLORIDA
Ai EST DANNY L. KOLHAGE, CLERK
040,
DEPUTY CLERK i 0 -- ► 7 -10L
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
By lk,,s---\--(mgvuw---6.,kj-e____,
Q` OMAS BECK, AICP
Director, Division of Community Planning
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Approved as to form and legal
sufficiency, subject only to full and
proper execution by the parties
Office of the General Counsel
Department of Economic Opportunity
By 1 � ,4I _ J
Assistan[i en- ounsel
Approved Date: 1/ -
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