Item R10
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 4/16 & 17/2003
Bulk Item: Yes 2QL. No
Division:
Department:
County Attornev
County Attornev
AGENDA ITEM WORDING:
Request for approval of settlement agreement In Monroe County v. Key Largo Ocean Resorts
Coop, Inc.
ITEM BACKGROUND:
This Is a code enforcement lien foreclosure case. Staff has negotiated a tentative settlement
agreement wherein Key Largo Ocean Resorts Coop, Inc, (KLOR) would enter Into a development
agreement that would address the remaining code violations that exist on the property. The
proposed settlement and development agreements would eliminate the need to Initiate code
enforcement actions against each of the lots at KLOR. The proposed settlement agreement
preserves the County's right to foreclose should either agreement be breached. A copy of the
proposed settlement agreement is attached.
PREVIOUS RELEVANT BOCC ACTION:
None
CONTRACT I AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
BUDGETED: Yes _ No
SOURCE OF FUNDS:
TOTAL COST:
COST TO COUNTY:
REVENUE PRODUCING: Yes
No _ AMOUNT PER MONTH_ Year
APPROVED BY:
County Atty _ OMB/Purchasing _ Risk Management _
DIVISION DIRECTOR APPROVAL:
~5
To Follow Not Required
DOCUMENTATION: Included
DISPOSITION:
AGENDA ITEM #
/j/~
IN THE CIRCUIT COURT OF THE 16TH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
CIVIL DIVISION
MONROE COUNTY, FLORIDA,
Plaintiff,
vs.
Case No.: CAP 96-260
\
KEY LARGO OCEAN RESORTS CO-OP, INC.,
Defendant.
I
Settlement Aareement
The Plaintiff Soard of County Commissioners of Monroe County, Florida
(hereinafter referred to as "the County" when referring to the governmental entity
and the "SOCC" when referring to the Soard itself), and the Defendant Key Largo
Ocean Resorts Coop, Inc. (hereinafter referred to "KLOR"), hereby enter into this
agreement to settle the above-captioned lien foreclosure case, and in furtherance
thereof state as follows:
1. The parties jointly move this Honorable Court to take this matter off
the Court's trial docket so that the parties may complete the
development process of the Defendant's property as set forth in this
agreement and its attachments.
2. The Court shall retain jurisdiction to enforce provisions of this
agreement and shall have the authority, on its own motion or on
motion of one of the parties, to return the case to the trial docket in
the event that there is a material breach of the terms of this
agreement.
3. KLOR will submit its final site plan to the County Planning
Department by March 28, 2003.
4. Upon submission of the complete development application and a
site plan, and its review by County staff, the County will schedule a
hearing on the development agreement before the Planning
Commission at the earliest opportunity.
5. After recommendation by the Planning Commission, the County will
schedule a hearing before the SOCC at the earliest opportunity.
6. If approved by the BOCC, the development agreement will be
submitted to the Florida Department of Community Affairs
(hereinafter "DCA") for approval and execution.
7. Upon DCA approval, permits will be obtained and issued in
accordance with the schedule and conditions in the executed
development agreement and County Land Development
Regulations.
8. All work will be completed within and in accordance with the
schedule agreed upon in the executed development agreement.
9. The parties shall submit joint status reports to the Court by the first
day of every quarter (January 1, April 1, July 1, and September 1)
until the project is completed.
10. At the completion of the work undertaken pursuant to the
agreement, the County will dismiss the foreclosure action with
prejudice.
11. Each party agrees to bear its own attorney's fees and costs
associated with this matter unless the Court declares there to be a
material breach of this agreement and retums this matter to the trial
docket.
12. The parties further agree to waive any claims that each may have
asserted against the other as a result of this litigation, the
underlying code enforcement proceeding, or the application of the
land development regulations of the County to this property.
ATTEST:
DANNY L. KOLHAGE
CLERK:
BOARD OF COUNTY COMISSIONERS
OF MONROE COUNTY
By:
Deputy Clerk
Dated
By:
Dixie Spehar, Mayor
Key Largo Ocean Resorts Co-op, Inc.
Signature of Witness
Printed Name of Witness
By:
Pedro Salva President
(date)
BY