07/15/2015 Agreement • £
IN THE THIRD DISTRICT COURT OF APPEAL
STATE OF FLORIDA
BLUEWATER KEY RV OWNERSHIP PARK
PROPERTY OWNERS ASSOCIATION,
Appellant,
v. 3ra DCA CASE NO: 3D15-769
CIRCUIT COURT CASE NO.:2013-AP-14-K
DOAH CASE: 13-1245
Planning Commission Resolution:P07-13
Monroe County Code Case: CE08080180
MONROE COUNTY,
Appellee.
I
STIPULATED SETTLEMENT AGREEMENT
This Agreement is entered into between Bluewater Key RV Ownership Park
Property Owners Association,Inc.("Bluewater")and Monroe County("County"),
regarding Monroe County Code Enforcement Case No.CE08080180,Monroe County
Planning Commission Resolution P07-13,Division of Administrative Hearings Case No.
13-1245,Monroe County Circuit Court Case No. 2013-AP-14-K and the appellate case
herein as styled above,Bluewater Key RV Ownership Park Property Owners
Association.Inc..vs.Monroe County.Third District Court of Appeal Case No.3D15—
769. See Notice of Violation for Code Enforcement Case No.CE08080180 attached
hereto as Exhibit A.
The parties having a desire to amicably resolve their differences that have given
rise to the litigation being hereby settled agree to the following terms and conditions:
1. Monroe County hereby represents that upon execution of this Agreement
it will voluntarily dismiss the underlying Code Enforcement Case styled as
+ . a
Stipulated Settlement Agreement
Third DCA Case No: 3D15-769
Page Two
CE 08080180—Monroe County v.Bluewater Key RN Ownership Park.
Bluewater in accordance with the following mutually agreed upon
conditions:
a) Monroe County recognizes that the three RV spaces known as
the`workcamper"sites, Sites A,B,and C,which are located
on Tracts C and D near the front entrance to Bluewater Key
RV Park are"lawfully established"in accordance with Monroe
County Code and are therefore exempt from the requirements
of the Monroe County ROGO permit allocation system.
b) A more particular description of the three sites A,B,and C is
as follows:Adjacent and East or Southeast of the Park's
registration office and each site having its own utility hookups
as shown on the Plat of Saddlebunch Recreational Vehicle
Park,approved by the Board of County Commission
Resolution dated June 6, 1989,and recorded at Plat Book 7,
Page 51,Monroe County Public Records. Said utility hookups
are shown on page 220 of Record in DOAH Case No. 13-
001245,attached hereto as Exhibit A.
c) Monroe County agrees that the`workcamper"sites shall be
deemed"lawfully established,"pursuant to Section 138-22,
Monroe County Code,as of the official date of County
approval of the Park.
d) Monroe County authorizes Bluewater Key RV Ownership
Park Property Owners Association to use the"workcamper"
sites for Park employees in accordance with the provisions
contained in Monroe County Code Section 9.5-244(a)(3)and
Section 130-92(a)(3),Monroe County Code for accessory use.
e) The parties hereto warrant each to the other that they have
the lawful authority to enter into this Agreement and be bound
by this Agreement and stipulate that they shall be
estopped to claim otherwise.
2
Stipulated Settlement Agreement
Third DCA Case No:3D15-769
Page Three
0 The parties agree that the County shall voluntarily dismiss the
above-cited Code Enticement case. .The parties shall jointly
move to vacate the two Circuit Court Orders in this matter.
2. Plaintiff and Defendant agree to submit an Agreed Order to the Court as
soon as the Agreement herein is fully executed.
3. In the event either party is required to initiate legal proceedings to
enforce the terms of this Settlement Agreement,the prevailing party shall
be entitled to an award of reasonable attorneys' fees and costs of suit.
4. In these proceedings each party shall bear its own attorneys fees and
costs.
5. The parties have no objection to the entry of an Agreed Order,without
notice or hearing,which substantially incorporates the terms,provisions,
clauses,and agreements,set forth herein,and which reserves jurisdiction
to enforce the terms of this Stipulation.
WHEREFORE, the parties pray that this Court enter an Agreed Order
which:
(a) Accepts, ratifies, and incorporates the terms, provisions, clauses,
and agreements set forth herein;and
(b) Reserves jurisdiction to enforce the terms, provisions, clauses, and
agreements, set forth herein, and to enforce this Stipulation, if it becomes
necessary to do so.
3
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Stipulated Settlement Agreement
Third DCA Case No: 3D15-769
Page Four
By: Y/;Sew Id,• I
Victoria Holder, Board President,Bluewater Key
RV Ownership Park Property Association,Inc.
Dated: /- 4 - /6
By: �J �'-1,",
L Rohe, Esq.,Attorney for Plaintiff
Dated: ? - L -
•
Br -1- ( . Li
Steve Williams, Esq.,Assistant Monroe County
Attorney on behalf of Monroe County
Dated: 7/C/ao/s