Item R2
* This item should be heard at some point following the 1:30 p.m.
Attorney-Client Closed Session scheduled on this matter. *
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 2/17/2010
Division: County Attorney
Bulk Item: Yes
NoL
Staff Contact Person/Phone #: Bob Shillinger. x3470
AGENDA ITEM WORDING:
Request for direction concerning Monroe County v. Key Largo Ocean Resorts Coop, Inc., CA P 96-260.
ITEM BACKGROUND:
This case was rued in 1996 to foreclose a code enforcement lien against KLOR as a result of unpermitted
construction. Since the real property was owned by KLOR as a corporation, not by the individual shareholders,
any violation subjected the entire park to foreclosure. There are literally hundreds if not thousands of code
violations at KLOR, which violations existing on (virtually) every lot. In addition to unpermitted construction,
most lots violate various provisions of the standard fire and life safety codes. From the beginning, KLOR sought
to cure the violations first through a rezoning and later through redevelopment. In 2003, the County entered into
a settlement agreement with KLOR which called for the redevelopment of the property through a development
agreement. In 2006, the development agreement was approved. The site plan which implemented the
development agreement was approved by the Planning Commission in 2007 but litigation over that site plan
lasted through 2009. The dispute over the site plan grew when the KLOR board decided to implement the
redevelopment project through temporary closure of the entire park. That dispute delayed the redevelopment
and spawned a petition to recall the board of directors. On 12/21/2009, an arbitrator for DPBR removed the
KLOR board of directors and replaced it with a new board of directors who have indicated a preliminary
intention to recede from the redevelopment of the park pursuant to the development agreement with the County.
New elections are scheduled for this month.
On 12/10/09, Judge Garcia granted the County's motion for a temporary injunction and ordered KLOR closed as
of2/28/t 0 due to numerous fire and life safety code violations there.
Legal staff needs direction from the HOCC.
PREVIOUS RELEVANT BOCC ACTION: 11/18/09 HOCC gave direction to proceed with injunctive relief
1/20/1 0 BOCC scheduled closed session for 2/17/10 @ 1 :30 p.m.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: n/a
TOTAL COST: n/a
COST TO COUNTY: n/a
REVENUEPRODUCING:n/a
INDIRECT COST: n/a
SOURCE OF FUNDS: n/a
AMOUNT PER MONTH
BUDGETED: n/a
Year
APPROVED BY: County Atty -L OMB/Purchasing _ Risk Management_
DOCUMENTATION:
DISPOSITION:
Revised 1/09
Included
Not Required X
AGENDA ITEM #