1st Amendment 01/14/1999
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
MEMORANDUM
TO: Timothy J. McGarry
Acting Director of Growth Management
FROM:
Attention: Isabel Reid, Senior Administrative Assistant
Ruth Ann Jantzen LZL'l1L.
Deputy Clerk /'
DATE:
Febnaary 10, 1999 '
At the January 14, 1999 County Commi~ion Meeting, the Board granted
approval and authorized execution of an Amendment to the Tri-Party Agreement
between Monroe County and Islamorada, Village of Islands (the "Village") and the
Florida Department of Community Affairs.
Enclosed please rmd three copies, executed on behalf of Monroe County. Please
be sure that one fuRy executed copy is returned to this ofrKe 85 soon as ~Ie.
If you have any questions, please do not hesitate to contact this office.
cc: County Attorney
County Administrator, w/o document
File
~J.,
MEMORANDUM
TO:
Jan Hotalen, Administrative Assistant
County Attorney's Office
FROM:
Isabel Reid, Senior Administra 've As
Growth Management Divisio
~
DATE:
January 27, 1999
SUBJ:
Action Item for January 13, 1999 BOCC Meeting
Kll - Amendment 1 to the Tri-Party Agreement/Islamorada
The following document was approved at the January 13, 1999 Board of
County Commissioners' meeting:
ITEM K-ll:
(3 originals enclosed - already signed by Islamorada)
Amendment 1 of the Tri-Party Agreement between Monroe County, the Village
of Islamorada and the Department of Community Mfairs.
NOTE TO CLERK: Please return. all three (3) documents to me for
transmittal to DCA for final signatures. I will ask that they return two
fully executed documents to me for Monroe County (Clerk) and Village of
Islamorada files.
If you have any questions or concerns, please give me a call at Ext. 2517.
Thanks for your assistance!
fir
Enclosures
CC: Timothy J. McGarry, Acting Director of Growth Management
Don Horton, Sr. Director jBuilding Official
Timothy J. McGarry, AICP, Director of Planning
Belle DeSantis, Deputy Clerk
County of Monroe
Growth Manal!ement Division
2798 Overseas Highway
Suite 400
Marathon, Florida 33050
Voice: (305) 289-2500
FAX: (305) 289-2536
Board of County Commissioners
Mayor Wilhelmina Harvey, Dist. I
Mayor Pro Tern Shirley Freeman, Dist. 3
Commissioner George Neugent, Dist. 2
Commissioner Nora Williams, Dist. 4
Commissioner Mary Kay Reich. Dist. 5
April 5, 1999
Ms. Carol Simpkins, Clerk
Islamorada, Village of Islands
P.O. Box 568
Islamorada, FL 33036
Re: Amendment 1 to the Tri-Party Agreement between the Village,
Monroe County and the Department of Community Affairs (DCA)
Dear Ms. Simpkins:
Enclosed please find one fully executed original of the above referenced agreement for the Village
files. I spoke with John Herin today, and he requested that I forward this document directly to you.
If you have any questions, please call me at (305) 289-2517.
Sincerely,
~<>2. !&'L
Isabel T. Reid, Senior Administrative Assistant
Growth Management Division
lir
Enclosure
cc: James L. Roberts, County Administrator
James T. Hendrick, County Attorney
Timothy J. McGarry, Acting Director of Growth Management
Belle DeSantis, Deputy Clerk (wI original for Monroe County's files)
James V. Chisholm, Village Manager
John R. Herin, Jr., Village Attorney
Sheryl Bower, Village Planner
FIRST AMENDMENT TO TRI-PARTY AGREEMENT BETWEEN
ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA,
STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
AND MONROE COUNTY, FLORIDA
This First Amendment to the Tri-Party Agreement (the "First Amendment") is being
entered into by and between Islamorada, Village of Islands, Florida, a munic~al f:Prplfltiqg
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of the State of Florida (the "Village"), the State of Florida Department of COl~~ i3fa~
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(the "Department") and Monroe County, Florida, a political subdivision of the ~S2~~f ~ricfiP
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(the "County"). :;;;-t~ C!J g
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WITNESSETH
WHEREAS, on July 22, 1998, Village, Department and County entered into a Tri-
Party Agreement (the "Agreement"), wherein the parties agreed that twenty-eight (28) new
Residential Rate of Growth Ordinance ("ROGO") awards represented a good faith estimate of
the Village's prorated number of awards it can issue per year for new residential development
within the boundaries of the Village under its interim comprehensive plan; and
WHEREAS, the Village, Department, and County agree that the number of residential
ROGO awards that should be distributed between the County and the various Cities, including
the Village, remains to be determined, as recognized by Policy 101.2.5 of the County
comprehensive plan (as the same is applicable to the Village), and that the twenty-eight (28)
residential ROGO awards (on an annual basis) distributed to the Village by the Agreement are
interim in nature until the Village adopts its own comprehensive plan; and
WHEREAS, pursuant to Section Four (4) of the Agreement, the Village and County
are required to amend their comprehensive plans to reflect the twenty eight (28) awards
allocated to the Village as well as a corresponding decrease in the awards allocated to the
County; and
WHEREAS, pursuant to Section Five (5) of the Agreement, it is scheduled to
automatically terminate on January 13, 1999, unless the term of the Agreement is extended;
and
WHEREAS, neither the Village nor the County are in a position to amend their
comprehensive plans prior to January 13, 1999, and both the Village and County have
numerous landowners that are seeking, and are eligible for RaGa awards; and
WHEREAS, Village Department and County desire to amend the Agreement so the
Village and County can continue to make RaGa awards pending the adoption of the Village's
comprehensive plan, and an amendment to the County's comprehensive plan reflecting the
proper apportionment of RaGa awards; and
WHEREAS, the Village and County are required to issue development orders oilly in
conformity with their approved comprehensive land use plan and land development
regulations; and
WHEREAS, the Department is the state land planning agency with the power and duty
to exercise general supervision of Part I of Chapter 380, and Part II of Chapter 163, Florida
Statutes, and to enter into agreements pursuant to sections 380.032(3) and 163.3171(4),
Florida Statutes, to effectuate the provisions and purposes of the acts and any rules
promulgated thereunder; and
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WHEREAS, the Department is authorized by section 380.07, Florida Statutes, to
appeal any Village or County development order to the Florida Land and Water Adjudicatory
Commission if the development order does not comply with the comprehensive plan, land
development regulations, or the Principles for Guiding Department.
NOW THEREFORE, in consideration of the mutual covenants set forth in this First
Amendment, Village, Department and County agree as follows:
1.
Amendment to Section Four of the Agreement.
Village, Department and
County hereby amend Section Four (4) of the Agreement to read as set forth herein:
Comprehensive Plan Amendments. The Village, Department and County acknowledge
and recognize this Agreement is temporary in nature, and the Village must adopt its
own comprehensive plan; and the County must amend its comprehensive plan to
formalize the actions authorized herein. The Village shall ensure the actions required
herein are completed no later December 31, 2000. The County shall ensure the actions
required herein are completed within the next available comprehensive plan amendment
cycle. All of the foregoing in accordance with the provisions of Chapter 163, and
Chapter 380, Florida Statutes.
2.
Amendment to Section Five of the Agreement.
Village, Department and
County hereby amend Section Five (5) of the Agreement to read as set forth herein;
Termination of Agreement. This Agreement shall terminate on the earliest date of: 1)
December 31, 2000; or 2) the date the Village's own comprehensive plan and the
amendment to the County's comprehensive plan, as set forth above, become effective
pursuant to sections 163.3189(2), 380.05(6) & (10), and 380.0552(9), Florida Statutes.
3. No Further Modifications. All other terms and conditions of the Agreement
not in conflict or superseded by this First Amendment shall remain in full force and effect as if
set forth herein.
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IN WITNESS WHEREOF, the parties have executed this Agreement.
ATTEST:
~2~
Village Clerk
ATTEST:
~.
Clerk/Deputy Cler
Approved as to form and sufficiency:
Approved as to form and sufficiency:
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, '.A ..l A.d.
c;J. ~A' tant G ne al Counsel
43600 1 \agreements \
ISLAMORADA, VILLAGE OF ISLANDS
By:
Date:
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLORIDA
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By: \..J.:).b,.a~. ~- ~
Mayor/Chairman (Seal)
Date:
1/J!=Ll q q
By:
Date: '1-1-17
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