Item Q2 BOARD OF COUNTY COMIVIISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 12/11/2013 Division: County Attorney
Bulk Item: Yes _ No XX Staff Contact Person: Cynthia Hall, 292-3470
AGENDA ITEM WORDING: Approval of a settlement agreement in the matter of Sunset Marina
Residences of Key West Condominium Association, Inc. v. City of Key West and Monroe County, 16`h
Judicial Circuit Case No. 11-CA-911-K, and authorization for the County Attorney's Office to sign the
settlement agreement.
ITEM BACKGROUND: On August 18, 2011, plaintiff Sunset Marina Residences of Key West
Condominium Assoc., Inc., filed a complaint against the City and County for declaratory and
injunctive relief, public and private nuisance and negligence. The complaint alleged that the KOTS
shelter constituted a public and private nuisance and deprived the unit owners of their use and
enjoyment of their units. The terms of the settlement call for the City to use due diligence in order to
relocate the shelter from the jail property to another location, and for the plaintiff in return to dismiss
the present lawsuit without prejudice until such time as the relocation has occurred, at which time the
lawsuit shall be dismissed with prejudice.
PREVIOUS RELEVANT BOCC ACTION: On March 22, 2004, the County entered into an
"Interim Homeless Safe Zone Interlocal Agreement" with the City of Key West, in order to lease to the
City a portion of land near the jail in set up a"Safe Zone" at the area now known as Keys Overnight
Temporary Shelter(KOTS). On March 22, 2009, the County entered into a"Homeless Safe Zone
Interlocal Agreement" with the City for the same purpose. That ILA will expire on March 21, 2014.
Paragraph 13 of the ILA requires the City to indemnify the County for any claims arising out of the
City's operation of the Safe Zone at the jail property.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: _ INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes_ No x AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing Risk Management
DOCUMENTATION: Included x Not Required _
DISPOSITION: AGENDA ITEM#
Revised 2/05
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: City of Key West, Sunset Contract#
Marina Residences of
Key West Condo. Ass'n,
Inc.
Effective Date: 12/11/2013
Expiration Date: n/a
Contract Purpose/Description:
Settlement agreement in the matter of Sunset Marina Residences of Key West
Condominium Association, Inc. v. City of Key West and Monroe County, 16th Judicial
Circuit Case No. 11-CA-911-K
Contract Manager: Cynthia L. Hall 295-3174 CAY(7)
(Name) (Ext.) (Department/Stop#)
for BOCC meeting on 12/11/2013 Agenda Deadline: 11/27/2013
CONTRACT COSTS
Total Dollar Value of Contract: $ 0 Current Year Portion: $
Budgeted? Yes❑ No ❑ Account Codes: - - - -
Grant: $ - - - -
County Match: $ - - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (e . maintenance,utilities, janitorial,salaries,etc.)
CONTRACT REVIEW
Changes
g Date Out
Date In Needed Reviewer
Division Director Yes❑ No❑
Risk Management Yes❑ No❑
O.M.B./Purchasing Yes❑ No❑
County Attorney ! .2�9 Yes❑ No % ao I
Comments:
OMB Form Revised 2/27/01 MCP#2
RESOLUTION NO. 13-255
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF KEY WEST, FLORIDA, APPROVING THE
ATTACHED SETTLEMENT AGREEMENT IN THE MATTER
OF SUNSET MARINA RESIDENCES OF KEY WEST
CONDOMINIUM ASSOCIATION, INC. V. CITY OF KEY
WEST AND MONROE COUNTY FLORIDA, Case No.
2011-CA-911-K; AUTHORIZING THE CITY MANAGER
TO EXECUTE SETTLEMENT DOCUMENTS; PROVIDING
FOR AN EFFECTIVE DATE
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF KEY
WEST, FLORIDA AS FOLLOWS:
Section 1 : That the attached settlement in the matter
of Sunset Marina Residences of Key West Condominium Association,
Inc. v. City of Key West and Monroe County, Florida, Case No.
2011-CA-911-K, is hereby approved.
Section 2 : That the City Manager is authorized to execute
final settlement documents consistent with this Resolution upon
the advice and consent of the City Attorney.
Page 1 of 2
Section 3 : That this Resolution shall go into effect
immediately upon its passage and adoption and authentication by
the signature of the Presiding Officer and the Clerk of the
Commission.
Passed and adopted by the City Commission at a meeting held
this 2nd day of October , 2013 .
Authenticated by the Presiding Officer and Clerk of the
Commission on 3rd day of October 2013 .
Filed with the Clerk on October 3 2013 .
Mayor Craig Cates Yes
Vice Mayor Mark Rossi Absent
Commissioner Teri Johnston Yes
Commissioner Clayton Lopez Yes
Commissioner Billy Wardlow No
Commissioner Jimmy Weekley Yes
Commissioner Tony Yaniz No
CRA G , YOR
ATTEST:„
y
CHERYL SMITH, CITY CLERKF "
Page 2 of 2
IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
SUNSET MARINA RESIDENCES OF KEY WEST
CONDOMINIUM ASSOCIATION,INC., a Florida
not-for-profit corporation,
Plaintiffs,
CASE NO.: 2011-CA-911-K
vs.
CITY OF KEY WEST; MONROE COUNTY, a
Political Subdivision of the State of Florida; and
FLORIDA KEYS OUTREACH COALITION, INC.,
a Florida not-for-profit corporation,
Defendants.
SETTLEMENT AGREEMENT
COME NOW Defendants, CITY OF KEY WEST and MONROE COUNTY, a political
subdivision of the State of Florida and Plaintiff SUNSET MARINA RESIDENCES OF KEY
WEST CONDOMINIUM ASSOCIATION, INC:
WHEREAS, the Parties have engaged in extended litigation regarding the City's
development and operation of a homeless safe zone on property owned by the County ("Jail
Property") in close proximity to Plaintiff's property.
WHEREAS, the Parties have determined that it is in their respective best interests to
resolve the dispute without further litigation and thereby agree as follows:
1. The City shall use due diligence in relocating from the Jail Property to another
location. The steps the City shall undertake are described in paragraph 5 below.
2. Plaintiff shall dismiss the present suit, Case No. 2011-CA-911-K, as well as the
appeal of an administrative ruling in favor of the City, Case No. 3D13-1842.
3. Plaintiff's dismissal of Case No. 2011-CA-911-K shall be without prejudice.
Defendants agree to toll the running of any applicable statute of limitations to permit
Plaintiff to refile the instant action if Defendant City is unable to relocate the
homeless facility within the timelines described in Paragraph 5 below.
4. Plaintiff shall not oppose relocation of the homeless shelter to the Easter Seals
property ("Easter Seals Site"); however Plaintiff shall be allowed to participate in the
conditional use process to ensure compliance with all Federal, State and Municipal
laws, including but not limited to appropriate buffer zones, security and other such
considerations.
5. Defendant City of Key West has been evaluating the relocation of homeless
services to another location on College Road commonly known as the former Easter
Seals Site. The ability to relocate to any site is contingent upon a number of factors
such as financing and community, government and social service participation.
However, the City can work through its planning process to establish authorization
for use of property while these factors are determined. Accordingly, the City agrees to
use its best efforts and due diligence to:
a. Submit an application for development plan approval to the
Planning Department within 240 days of the final approval for
implementation of the revised PS zoning designation now being
challenged by Plaintiff in case number Case No. 3D13-1842;
b. Secure issuance of a Planning Board resolution concerning
Defendant City's development plan within 180 days following submission
of the application for development plan approval;
C. Secure issuance of a City Commission resolution concerning
Defendant City's development plan within 60 days following Planning
Board action on the development plan;
d. Submit an application for building permits for construction of the
improvements authorized under the development plan within 120 days
after the effective date of development plan approval. ("Effective date of
development plan approval" is the date of any appeal or DEO challenge to
development plan approval is finally determined, and if no such appeal or
challenge is filed, 60 days following the rendition of the Commission
resolution granting development plan approval;
e. Issuance of a building permit for construction of the
improvements within 90 days after the building permit application is
deemed complete by the chief building official; and
f. Issuance of a certificate of occupancy with 270 days following
issuance of the building permit.
6. Plaintiff shall cause this action to be dismissed with prejudice upon relocation of
the Homeless Shelter in compliance with Paragraph 5's timeframes.
7. If City shall not comply with any timeframe set forth above, Plaintiff may refile
the litigation. Plaintiffs failure to refile the litigation based on the City's failure to
comply with any timeframe stated in Paragraph 5 does not constitute a waiver of
Plaintiff's right to refile the litigation should the City fail to meet a subsequent
timeframe as detailed in Paragraph 5.
8. By entering into this Settlement Agreement, all parties agree that this Settlement
Agreement shall not constitute an admission, waiver of any right, claim or defense in
the underlying matter should the homeless shelter located on the Jail Property not be
relocated. All attorneys executing this Agreement have full authority to bind their
respective clients pursuant to appropriately passed resolutions or other required Board
authorizations.
Office Of The City Attorney Monroe County Attorney's Office
P.O. Box 1409 1111 12th Street, Suite 408
Key West FL 33041-1409 Key West FL 33040
(305) 809-3770 telephone (305) 292-3470 telephone
(305) 809-3771 facsimile (305) 292-3516 facsimile
sy
- , BY:
Shawn D. Smith,tsq. Cynthia L. Hall, Esq.
City Attorney Assistant Monroe County Attorney
sdsmitl a keywestcity.com Hall-Cynthia i,monroecounty-fl.gov
FBN: 0138754 FBN: 34218
SMITH OROPEZA, P.L.
138-142 Simonton Street
Key West, Florida 33040
Telephone: 305-296-7227
Facsimile: 3 05-296-8448
BY:
Barton W. Smith, Esq.
Attorney for Plaintiff
bartawsmithoropeza.com
Florida Bar No. 47703
8. By entering into this Settlement Agreement, all parties agree that this Settlement
Agreement shall not constitute an admission, waiver of any right, claim or defense in
the underlying matter should the homeless shelter located on the Jail Property not be
relocated. All attorneys executing this Agreement have full authority to bind their
respective clients pursuant to appropriately passed resolutions or other required Board
authorizations.
Office Of The City Attorney Monroe County Attorney's Office
P.O.Box 1409 1111 12th Street, Suite 408
Key West FL 33041-1409 Key West FL 33040
(305)809-3770 telephone (305)292-3470 telephone
(305)809-3771 facsimile (305)292-3516 facsimile
Ile
.. BY:
S wn D. Smith, Cynthial L Hall, Esq.
City Attorney Assistant Monroe County Attorney
Ldsmith@kp ° ? Hall-C this onroecoumt -fl. ov
8754 FBN: 34218
SMPTH OROPEZA,P.L.
1.38-142 Simonton Street
Key West,Florida 33040
Telephone:305-296-7227
.Facsimile: 305-296-8448
BY:
Barton W. Smith,Esq.
Attorney for Plaintiff
bartOmnithoropeza.com
Florida Bar No.47703