Item S12BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 7/15/15 -- KW
Bulk Item: Yes X No
Department: County Attorney
Staff Contact: Steve Williams 305-289-2526
AGENDA ITEM WORDING: Approval of a settlement agreement in code case CE08080180
between Monroe County and Bluewater Key RV Ownership Park Property Owners Association
regarding the lots located at 2950 Overseas Highway, Saddlebunch Key.
ITEM BACKGROUND: Under the proposed settlement agreement, Monroe County agrees to
voluntarily dismiss the underlying Code Enforcement Case CE08080180. The agreed upon conditions
are as follows:
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.
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. For administrative purposes and to memorialize the Agreement within the County's Building
and Planning Department records, Bluewater agrees to obtain three after -the -fact permits for
sites A, B and C as soon as the Agreement herein fully approved and executed.
f. 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. The parties shall jointly move to vacate the two Circuit Court Orders in this matter.
g. The parties agree that the County shall voluntarily dismiss the above -cited Code Enforcement
case.
PREVIOUS RELEVANT BOCC ACTION: On June 6,1989 the BOCC approved utility
hookups.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval of Settlement Agreement
TOTAL COST: INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER: MONTH: YEAR:
APPROVED BY: County Atty. X` OMB/Purchasing _ Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
IN THE THIRD DISTRICT COURT OF APPEAL
STATE OF FLORIDA
BLUEWATER KEY RV OWNERSHIP PARK
PROPERTY OWNERS ASSOCIATION,
Appellant,
V. 3rd DCA CASE NO: 3D15 - 769
MONROE COUNTY,
Appellee.
CIRCUIT COURT CASE NO.: 2013-AP-14-K
DOAH CASE: 13-1245
Planning Commission Resolution: P07-13
Monroe County Code Case: CE08080180
STIPULATED SETTLEMENT AGREEMENT
This Agreement is entered into between Bluewater Key RV Ownership Park
Property Owners Association, Inc. (`Bluewatef') 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:
Monroe County hereby represents that upon execution of this Agreement
it will voluntarily dismiss the underlying Code Enforcement Case styled as
Stipulated Settlement Agreement
Third DCA Case No: 3D15-769
Page Two
CE 08080180 — Monroe County v. Bluewater Key RV 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.
4
which:
Stipulated Settlement Agreement
Third DCA Case No: 3D15-769
Page Three
f) The parties agree that the County shall voluntarily dismiss the
above -cited Code Enforcement 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
(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
Stipulated Settlement Agreement
Third DCA Case No: 3D 15-769
Page Four
By:
Victoria Holder, Board President, Bluewater Key
RV Ownership Park Property Association, Inc.
Dated: `t — 6 — 1 g-
By: Z�4q--- -
Lee Robert Rohe, Esq., Attorney for Plaintiff
0
Dated: !? .- (. ' I
Steve Williams, Esq., Assistant Monroe County
Attorney on behalf of Monroe County
Dated: