01/16/2013 Agreement ' 'pf I 'I acte:ie 1.2 Amy HEAviliN 3 CPA
Y ; q CLERK OF CIRCUIT COURT & COMPTROLLER
. MONROE COUNTY, FLORIDA
DATE: May 16, 2013
TO: Bob Shillinger
County Attorney
ATTN: Kathy Peters
1
FROM: Pamela G. Hanc % c fV
At the January 16, 2013, Board of County Commissioner's meeting the Board granted approval
and authorized execution of Item Q4 a settlement offer in Keegan v. Monroe County and State of
Florida, 9 CA - 893P.
Enclosed is the original Agreement for your handling. Should you have any questions, please
feel free to contact our office.
cc: Finance
File
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500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305- 295 -3130 Fax: 305- 295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305- 289 -6027 Fax: 305 -289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305 - 852 -7146
IN THE CIRCUIT COURT OF THE 16 JUDICIAL CIRCUIT OF THE
STATE OF FLORIDA, IN AND FOR MONROE COUNTY
CHRISTINE E. KEEGAN,
Plaintiff;
V.
MONROE COUNTY, FLORIDA,
a political subdivision of the state of Florida,
and the STATE OF FLORIDA,
SETTLEMENT AGREEMENT
RECE
MAR 21 2013
'0IVROE COUP'Ty ATTORNEY
Whereas, on January 13, 2004, Plaintiff applied for a ROGO allocation to build
one single- family home on the subject property (Lots 5 and 6, Block 8, Angler's Park);
Whereas, on September 25, 2009, Plaintiff filed the above - captioned suit against
Monroe County and the State of Florida but never served the State of Florida;
Whereas, Plaintiff did not pull her application from ROGO when she filed the
above - captioned suit and her ROGO application remained active in the queue along with
other applications competing for a ROGO allocation;
Whereas, on October 5, 2011, Plaintiff was awarded a ROGO allocation through
normal course (i.e not through administrative relief; but by competing with other
applicants in the system);
Whereas, Plaintiff's allocation has been held in abeyance since its issuance at
Plaintiff's request because the subject property was on the list of parcels that were subject
to a federal court injunction prohibiting the issuance of federal flood insurance within
habitats of endangered species in Monroe Counti3
CASE NO.: 9- CA -893P
1
Whereas, the parties desire to reach an amicable settlement of the issues and
claims presented in Plaintiffs complaint against Monroe County;
Now Therefore, the parties agree as follows:
1. The allocation issued by Monroe County on October 5, 2011, shall remain
open and available to Plaintiff for one year from the effective date of this agreement.
Thereafter, if the allocation is not used or otherwise tolled pursuant to tolling options
available to other similarly situated landowners, the allocation shall lapse and Plaintiff
shall be required to reapply for another allocation.
2. Monroe County agrees to issue the building permit that Plaintiff applied
for through normal course.
3. Monroe County agrees to pay Plaintiff $1,500.00, which is inclusive of
attorneys' fees and court costs.
4. 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 subject property or the
implementation of such 'regulations. Plaintiff will also dismiss and hereby waives any
and all such claims against the state of Florida.
5. This agreement shall be incorporated into a final order that (a) directs the
Parties to comply with its terns; (b) dismisses any and all claims by the parties with
prejudice and (c) unless otherwise provided for in this agreement, requires each party to
pay its own attorneys' fees and costs.
6. This agreement shall inure and be binding on the parties, their respective
heirs, successors and assigns.
2
7. The effective daft of this agmemeat is the date that the pasties agree to its
ttxms; it is incorporated into a final judgment; and all appeal periods have nm.
Attest: Amy Heavilin, Clerk
by
as Deputy Clerk
Date: January 16, 2013
"NHOE G ATTORN Y
APPROVED AS TO F
DEREK `.'. '70— qRD
ASSISTANT U ATTORNEY
DATE =J,-.,-,;7
,-, ,-,;7
MONROE COUNTY MAYOR GEORGE NEUGENT
MONROE COUNTY, FLORIDA
From: Andrew Tobin [tobinlaw @terranova.net]
Sent: Tuesday, May 07, 2013 10:35 AM
To: Howard -Derek
Cc: 'Spiers, Sherry'
Subject: Keegan
Derek and Christine,
Christine Keegan came in today and verified that she signed the settlement stip.
andy
Andrew M. Tobin, Esq.
Attorney at Law
P.O. Box 620
Tavernier, FL 33070
305.852.3388
tobinlaw 0 terranova. net
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