Item T6
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
. Meeting Date: February 18, 2004
Division: County Attorney
AGENDA ITEM WORDING:
Approval of a Settlement Agreement Addendum in the matter of Department of Community
Affairs v. Monroe County School Board, Kitty Wasserman, BHF Corp, and Monroe County.
ITEM BACKGROUND:
This addendum concerns replaced language in Sections 4 and 5 of the prior agreements
concerning the Big Pine Neighborhood Charter School.
PREVIOUS RELEVANT BOCC ACTION:
Approved the original settlement agreement on December 12, 1994 and an amended
settlement agreement on February 10, 1995.
CONTRACT I AGREEMENT CHANGES:
N/A
"
STAFF RECOMMENDATIONS:
Authorize payment.
TOTAL COST: - 0 -
BUDGETED: Yes 0
No 0
COST TO COUNTY: - 0 -
APPROVED BY: County Attorney x OMS/Purchasing 0 Risk Management 0
DIVISION DIRECTOR APPROVAL: Qo~~rI'U'OI
J.R.Collins
DOCUMENTATION:
Included 181
To Follow 0
Not Required 0
AGENDA ITEM #
~
..
If'd:
STATE OF FLORIDA
LAND AND WATER ADJUDICATORY COMMISSION
DEPARTMENT OF
COMMUNITY AFFAIRS
Petitioner,
v.
CASE NO. APP-92-061
DOAR CASE NO. 93-1316
MONROE COUNTY SCHOOL
BOARD, KITTY WASSERMAN,
BHF CORPORATION, AND
MONROE COUNTY, a State
of Florida Political
subdivision,
Respondents.
/
SE TTLEMENT AGREEMENT ADDENDUM
,.
The original agreement was entered into between Monroe
County (County), Monroe County School Board (Board) and the
Department of Community Affairs (DCA) on December 12, 1994. The
original agreement was modified by the parties pursuant to an
amended settlement agreement effective February 10, 1995.
The County, Board and DCA through their undersigned
representatives further agree and modify their December 12, 1994
Settlement Agreement and February 10, 1995 Amended Settlement
Agreement(Collectively UAgreement") as follows:
1. The parties reaffirm their commitments, obligations
and responsibilities as stated in the Agreement except as stated
in this addendum. DCA is authorized to enter into this
~
agreement with these other parties to effectuate the provisions
and purposes of the Florida Environmental Land and Water
Management Act and any rules promulgated hereunder.
5380.032(3), Fla. Stat.
2. The following language replaces Agreement section 4
sub-section A.
The Big Pine Neighborhood Charter School occupies the
small school and buildings located on approximately
4.5 acres consisting of lots 5, 6, and 7 of Tropic
Island Ranchettes on Big Pine Key. The school's
population is limited to 130 students. The school
will serve students from pre-kindergarten through
third grade. Monroe County students residing within
and south of the City of Marathon may attend the
school.
~
3. The following language replaces Agreement section 4
sub-section C.
~
School recreational facilities consist of a playground
and open playfield within the fence line, which are
available for hosting school and community
recreational activities and events. The school's site
facilities are usable for school related and community
events.
4. The Agreement section 5 sub-section B, which reads
The population of pre-kindergarten through second
grade students residing on Big Pine Key, NO-Name Key
and north to the Seven Mile Bridge is more than 200.
is deleted.
2
This Settlement Agreement Addendum will take effect
immediately after all parties have signed it.
. ;.....)..),
~r....' Monroe County Board of County Conunissioners
. .:.~ ~.I: ~~r
Witnesses:
BY:
Witness Name: .
, Mayor
Witness Name:
Date:
Attest:
Clerk
Accepted as to Legal Form
and SUfficiency:
~o~~
John R. Collins
Da t e : 0 \ \ 7--ll( l D ~
..
State of Florida
County of
The foregoing Settlement Agreement Addendum was
acknowledged before me this day of ,
, Mayor of Monroe County's Board
Commissioners, on behalf of the Commission. He/she
personally known to me or has produced
identification and did (did not) take an oath.
200 , by
of County
is
as
. .. -~ . ~ ... " ..... .'..
Print name:
Notary Public
My Commission Expires:
3
".
, .
Monroe County School Board
~~
BY:
Eileen Quinn, Chair
Date:
dOtJ3
Attest:
John R.
Superintendent
~
and Su. n.
- .. - . . ml th
Date: /-<://f/G~
..
State of Florida
County of (h a-xJ1A-e.
The foregoing Settlement Agreement Addendum was
acknowled~d,before me this ~day of O/O-""\., DoQA. I 200 ~ by
PJQQp/L~~~~ I Chair of the Monroe County School Board, on
behalf of the Board. He/~he is personally known to me or has
produced as identification and did (did
not) take an oath.
1(](Y1<L' ,/1/ (!~fJh~
Print name: \)otZ; COllt n 5
Notary Public
My Commission Expires:
...i'S..'J'JI::... DORI G. COlUNS
(114": :.~ MV COMMISSION. DO 107226
-*i j EXPIRES: AprIlS. 2006
. Bonded 1Iw Naltry PIbIIc UndorMlelt
4
!... ,- . -<000
Department of Community Affairs
Witnesses:
BY:
Witness Name:
Colleen Castille
Secretary
Date:
Witness Name:
Attest:
Clerk
Accepted as to Legal Form
And Sufficiency:
David L. Jordan
Acting General Counsel
Date:
State of Florida
County of Leo.n
The foregoing Settlement Agreement Addendum was
acknowledged before me this ~ day of , 200__, by
COLLEEN CASTILLE, Secretary of the Department of Community
Affairs, an agency of the State of Florida, who is personally
known to me and did take an oath.
Print name:
Notary Public
My Commission Expires:
5