Item J23
Add-On
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 17,2002
Division:County Attorney/Growth Management
Bulk Item: Yes X No
Department: N/ A
AGENDA ITEM WORDING: Approval of Stipulated Settlement Agreement forJohn Moore v. Monroe
County, Case No. CAP-01-210, agreeing that the Plaintiff has the right to make improvements to the
subject structure as well as demolish (with appropriate permits) for all improvements made in connection
with a movie production on the property provided such improvements and demolition do not exceed
$115,000.
ITEM BACKGROUND: The Plaintiff John Moore, filed suit in Circuit Court (Case No. CAP-01-210).
The Plaintiff is seeking judgment and claiming temporary taking by prohibiting use of his property,
described as Lots 1,2,3,4, Block 13, Lake Surprise Estates Plat Book 4/162. The said property deemed
"substantially damaged" by Monroe County according to its floodplain regulations. Therefore the
structure could not be improved until the structure was elevated.
PREVIOUS RELEVANT BOARD ACTION: N/A
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION: Approval
TOTAL COST: NI A
BUDGETED: Yes
No
N/A
COST TO COUNTY: N/A
REVENUE PRODUCING: Yes N/ A No
AMOUNT PER MONTH N/A YEAR
APPROVED BY: County Attorney X
N/A
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included X
To follow
DISPOSITION:
AGENDA ITEM #:
cJcJ3
IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
JOHN MOORE,
Plaintiff,
v.
CASE NO. CAP-01-21O
MONROE COUNTY, a political
subdivision of the State of Florida,
Defendant.
/
STIPULATED SETTLEMENT AGREEMENT
The parties hereby stipulate and agree to the following settlement stipulation, as follows:
1. The parties agree that the structure located on the subject property has not been
"substantially damaged" as that term is defined in Monroe County's floodplain regulations, and
that Plaintiff has the right to make improvements to the subject structure, provided the proposed
improvements do not exceed $115,000.00, which the parties agree is less than the threshold for
"substantial improvement."
2. Plaintiff shall demolish (with appropriate permits) andlor shall obtain after-the-
fact permits for all improvements made pursuant to or related to the improvements made in
connection with a movie production on the property. Said demolition costs shall be included in
the $115,000.00 set fort in Paragraph I herein.
4. Plaintiffs proposed development shall remain within the footprint of the existing
improvements and shall comply with all applicable requirements of Monroe County Code
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5. This Agreement is not intended and shall not be constIued to authorize any
specific development, and Plaintiff shall comply with all Code provisions and requirements for
development as required by the Code.
6. This Agreement is contingent on final approval by Resolution of the Monroe
County Board of County Commissioners. Following said fmal approval. this Settlement
Stipulation shall be incorporated into an agreed fillal judgment, and the Court shall retain
jurisdiction for one year to enforce the terms and conditions of this Stipulation, as needed.
Thereafter, the Clerk is directed to close the file.
WHEREFORE, the Parties hereby agree to the foregoing in settlement of all matters at
issue in this action.
~
KAREN K. CABANAS :;:)
Florida Bar No. 136964
MORGAN & HENDRICK
Attorneys for Monroe COlmty
317 Whitehead Street
Key West, Florida 33040
305-296-5676
305-296-4331 (fax)
KCabanas(Q)morganalldhendrick.con1
ANDREW TOBIN
Florida Bar No. 184825
Attorney for Plaintiff
P.O. Bo~ 620
Taverneir, FL 33070
305-852-3388
tobinlaw@terranova.net
CHARLES SONNY McCOY
Mayor, MONROE COUNTY
Plaintiff JOHN MOORE
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