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Stipulated Settlement 06/19/2002 Clerk of die Circul coun Danny L. Kolhage Clerk of the Circuit Court Phone: (305) 292-3550 FAX: (305) 295-3663 e-mail: phancock@monroe-clerk.com Memnrandum, TO: Timothy McGarry, Director Growth Management Division ATTN: Colleen Gardner Executive Assistant FROM: Pamela G. Hanc~ Deputy Clerk r.:y DATE: July 5, 2002 At the June 19, 2002, Board of County Commissioner's meeting the Board granted approval and authorized execution of a Stipulated Settlement Agreement between the Department of Community Affairs, Monroe County, Hawk's Cay Investors, Ltd., and Hawk's Cay Developers, Ltd. as amended per memo dated June 19, 2002 from Growth Management Director, Timothy J. McGarry, AICP. Enclosed are three duplicate originals of the above mentioned, executed on behalf of Monroe County, for your handling. Please be sure that the fully executed "Monroe County Clerk's Original" is returned to our office as soon as possible. Should you have any questions please feel free to contact our office. cc: County Administrator w/o document County Attorney File ./ MEMORANDUM Date: 7/19/02 To: Belle DeSantis, Deputy Clerk (( From: Colleen Gardner, Executive Assistant RE: Stipulated Settlement Agreement - Hawk's Cay Enclosed please find the executed copy of the Stipulated Settlement Agreement between the Florida Department of Community Affairs, Monroe County, Hawk's Cay Investors, Ltd., and Hawk's Cay Developers, Ltd. for your handling. This item was approved at the June 19, 2002, Board of County Commissioners meeting. If you have any questions, please call me at extension 2517. leg Enclosure cc: Timothy J. McGarry, AICP, Director of Growth Management K. Marlene Conaway, Director of Planning & Environmental Res. County of Monroe Growth Manal!:ement Division 2798 Overseas Highway Suite 400 Marathon, Florida 33050 Voice: (305) 289-2500 FAX: (305) 289-2854 Board of County Commissioners Mayor Charles "Sonny" McCoy, Dist. 3 Mayor Pro Tern Dixie Spehar, Dist. I Comm. Murray E. Nelson, Dist. 5 Comm. George Neugent, Dist. 2 Comm. Nora Williams, Dist. 4 VIA FEDERAL EXPRESS July 11, 2002 Mr. Richard Lotspeich, Asst. General Council Office of General Council 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 RE: Hawk's Cay Stipulated Settlement Agreement & Resolution # 266-2002 Dear Mr. Lotspeich: Enclosed please find three (3) duplicate originals of the Stipulated Settlement Agreement between the Department of Community Affairs, Monroe County, Hawk's Cay Investors, Ltd., and Hawk's Cay Developers, Ltd. Resolution #266-2002 has also been included amending the Development Regional Impact (DRI) to Hawk's Cay Resort. It is my understanding that Ms. Bowman has obtained the remaining signatures on behalf of Hawk's Cay Developers, Ltd. and Hawk's Cay Investors, Ltd. and will attach original to these documents. Please sign the documents on behalf of the Department; retain one for your records and return the fully executed "Monroe County Clerk's Original" directly to my attention. If you have any questions, please do not hesitate to contact me at (305) 289-2517. Thank you for your assistance. Sincpely, ;;n/;~fI/~ ~~rfb~~l~~cutive Assistant Growth Management Division Icg Enclosures cc: Timothy J. McGarry, AICP, Director of Growth Management (w/o enclosures) Maureen Meehan, Planner (w/o enclosures) Belle DeSantis, Deputy Clerk (w/o enclosures) "Monroe County Clerk's Original" STATE OF FLORIDA LAND AND WATER ADJUDICATORY COMMISSION IN RE: A DEVELOPMENT ORDER ISSUED BY MONROE COUNTY WITHIN THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN APPROVING AN AMENDMENT TO A DEVELOPMENT OF REGIONAL IMP ACT KNOWN AS HAWK'S CAY CASE NO.: APP-02-001 STIPULATED SETTLEMENT AGREEMENT This Stipulated Settlement Agreement is entered into between the State of Florida, Department of Community Affairs (the DCA), Monroe County ("County"), Hawk's Cay Investors, Ltd., and Hawk's Cay Developers, Ltd. (collectively, "Applicant"), as a complete and final settlement of all claims raised in the Appeal and Cross-Appeal in the above-styled proceeding. RECITALS WHEREAS, the State of Florida, Department of Community Affairs ("DCA"), is the state land planning agency and has the authority to administer and enforce Chapter 380, Florida Statutes, which includes provisions relating to developments of regional impact; and WHEREAS, Monroe County ("Local Government") is a local government with the duty to consider proposed amendments to development of regional impact development orders; and WHEREAS, Hawk's Cay Investors, Ltd., and Hawk's Cay Developers, Ltd. (collectively "Applicant") are the owner and developer ofa Development of Regional Impact (DRI) in unincorporated Monroe County known as Hawk's Cay; and WHEREAS, the Hawk's Cay DRI Development Order was originally issued by Monroe County as Resolution No. 365-1986 on December 5, 1986; and WHEREAS, on October 12, 2001, the Applicant applied to the County for an amendment to the DRI to include 28 additional hotel units and 18 additional staff units; and WHEREAS, on February 12,2002, the Monroe County Board of County Commissioners approved the application through Resolution 037-2002 and took the position that the approved additional units are exempt from the Monroe County residential Permit Allocation System under its Rate of Growth Ordinance (ROGO); and WHEREAS, the DCA timely filed a Notice of Appeal and a Petition initiating an appeal to the Florida Land And Water Adjudicatory Commission (FL WAC) pursuant to Section 380.07, Fla. Stat., taking the position that the approved units are subject to ROGO; and WHEREAS, the Applicant timely filed a Notice of Cross-Appeal and a Petition initiating a Cross- Appeal to FLW AC pursuant to Section 380.07 challenging another provision of Resolution 037-2002; and WHEREAS, the parties desire to resolve their dispute amicably, without the necessity of a lengthy administrative proceeding and judicial appeals; NOW, THEREFORE, the parties covenant and agree to settle the above-styled case on the following terms: 1. Pursuant to Florida Statute Section 380.06(19)(e)2., the Applicant shall send a Notice of Proposed Change (NOPC) to the County, DCA and the South Florida Regional Planning Council, to incorporate in the Development Order the additional terms and conditions set out in Exhibit "A" attached hereto and incorporated by reference. The 18 affordable hotel staff quarters shall consist of 12 units each with 2 bedrooms and 1 Yz baths; 3 units each with 2 bedrooms and 2 baths; and 3 units each with 2 bedrooms and 1 bath. 2. Momoe County Growth Management Division shall process and recommend approval of the NOPC as expeditiously as possible consistent with the minor change requirements of Section 380.06(19)(e)2., Fla. Stat. 3. In a letter from Secretary Steve Seibert to the Honorable Charles McCoy dated April 15, 2002, the Department provided notification of appeal of Momoe County Resolution No. 037-2002, relating to the Hawk's Cay Expansion DR!. In that letter it is stated that "... in this case I have found it necessary to de-couple the wastewater issue from the development order issue. II It is understood by all parties hereto that in entering into this settlement agreement the Department takes no position, neither endorsing nor opposing, any development order condition relating to the provision of wastewater treatment to Duck Key and Indies Island. In regard to Conch Key, the Department supports the use of the Hawk's Cay wastewater facility as one option of providing cost feasible wastewater service. 4. Upon the full execution of this agreement and upon the adoption of the DR! amendments in Exhibit A hereto by the Board of County Commissioners, and no later than five (5) days after the later action, the DCA shall voluntarily dismiss with prejudice its pending appeal in the above-styled case, and shall not file a subsequent appeal challenging the minor changes reflected in Exhibit "A." The parties agree that the changes in Exhibit "A" constitute changes that are not substantial deviations and are similar in nature, impact and character to the changes enumerated in Florida Statute Section 380.06(19)(e)2., subparagraphs a-i, and do not create the likelihood of any additional regional impact. The parties further agree that the proposed changes are consistent with the Monroe County Comprehensive Plan, Land Development Regulations and Principles for Guiding Development in the Florida Keys. 5. Within five (5) days of the DCA filing a dismissal with prejudice pursuant to paragraph 3. above, the Applicant shall voluntarily dismiss with prejudice its pending cross-appeal in the above-styled case. 6. If necessary after the full execution of this agreement, the parties shall file a joint motion in the above-styled case requesting that the FL W AC hold the pending appeal and cross-appeal in abeyance and waive the 60-day requirement for FL W AC action for a time sufficient to allow the amendment process described above to be completed, including reasonable extensions of time as may be necessary. If necessary, this motion or request shall meet the time frames set forth in Rule 42-2.008(4), Fla. Admin. Code. 7. In the event ofa breach of this agreement, all parties retain and shall be entitled to the administrative and judicial remedies to which they would be entitled on the date that this agreement is executed. 8. This Agreement affects the rights and obligations of the parties under Chapter 380, Fla. Stat. It is not intended to determine or influence the authority or decisions of any other state or local government or agency in issuance of any other permits or approvals which might be required by state law or local ordinance for any development authorized by this Agreement. Any amendment to or modification of this Agreement shall not be effective unless contained in a writing signed by the parties. 9. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall together constitute one and the same agreement. Counterparts of this Agreement with facsimile signatures shall be deemed original counterparts for all purposes; however, each party shall promptly furnish counterparts with original signatures upon request. The effective date and date of execution of this Agreement shall be the date that the last party signs and acknowledges this Agreement. 9t!11 f, :IroJ- onny Timmerman, Director, Division of Community Planning, for the Florida Department of Community Affairs STATE OF FLORIDA COUNTY OF LEON Sworn to (O'~~:S:cribed befme me this I g Ity of n. L, 2002, by Sonoy Timmennao, who _ 1 ers nall to me or _ has produced as Ide~n . 0~~r State of Florida My commission expires: ,'" "" Miriam Snipes "6"''' *JiiiJJ*My Commission CCn3213 '-'~~' Expires September 7, 2002 .~.,,\~- HAWK'S CAY DEVELOPERS, LTD. A Florida Limited Partnership By: Hawk's Cay Development, Inc. A Florida Corporation, General Partner ~~ ~--- By: '/ _~ ..~ ..- ) D() H. Jo on, President STATE OF FLORIDA COUNTY OF 4~ Sworn Fed) and subscribed before me this '>!(day of ~ ' 2002, by ~ , who Vis personally known to me or _ has produced as identification ~~L Notary Public / State of Florida My commission expires: HAWK'S CAY INVESTORS, LTD. A Florida Limited Partnership By: Hawk's Cay Management, Inc., A Florida Corporation, General Partner By: , / ST A TE OF FLORIDA COUNTY OF ~&u4 Sworn to (or affirmed) and subscribed before me this (" f.5 day of ~ ,2002, by ~~p~ IJ. ~, who ~ personally known to me or _ has prod ced as identification ~ ()~~ Notary Public State of Florida My commission expires: 'OFFICIAL NOTARY SEAL MARSHA ALLEN GREEN NOTARY PUBUC Sf ATE OF FLORIDA COMMIS,c;ION NO. DD060507 MY COMl'~),~":"NE2<l'.:..~' 17 5 o 0::: o C' l,J 0::: 0:: o LA... o W .J LA... MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ~/'i. ..... te STATE OF FLORIDA COUNTY OF Sworn to (or affIrmed) and subscribed before me this _ day of , 2002, by Charles "Sonny" McCoy, who _ is personally known to me or _ has produced as identification Notary Public State of Florida ", \. 4, My commission expires: :"") 9 ",,- 4 04: t5 ...J .cf. Yo.. I- . :r:u>- ...J r- C'--':'Z ~"..'":~=, .uo -l .u .-::'::w :;::._10 ..." u 0:: ~~ z: r) C, . . ::r: (j"\ N _J :::> ~ C"'-l c:'C' = c-I EXHIBIT A TO SETTLEMENT AGREEMENT HAWK'S CAY DRI AND MAJOR DEVELOPMENT ADDITIONAL PROPOSED AMENDMENTS 1. Further revise condition 9.1a as follows: The applicant may construct a maximum of 297 guest units consisting of combinations of no more than ~ 614 bedrooms and (j54.S 626.5 bathrooms at Hawk's Cay. The Applicant ae:rees that the 28 additional market rate units approved in Resolutions 037-2002 adopted on February 12~ 2002 shall each contain two bedrooms and 2; bathrooms. The 18 affordable hotel staff Quarters shall consist of 12 units each with 2 bedrooms and 1 ~ baths: 3 units each with 2 bedrooms and 2 baths: and 3 units each with 2 bedroom and 1 bath. The Applicant further ae:rees that the 28 additional market rate units and the 18 affordable hotel staff Quarters described below shall be subiect to the provisions of the Monroe County Comprehensive Plan that limit the number of permits for new residential development in order to maintain hurricane evacuation clearance times established in the Plan. Therefore~ Monroe County shall issue buildine: permits for the 28 market rate units and for the 18 affordable units only at such time as the Applicant receives a Rate of Growth Manae:ement (ROGO) allocation under the Permit Allocation System. or the Applicant acquires and extinf!Uishes an equivalent number of bedroomlbath combinations from a site or sites within the Middle Keys subarea~ as defined in Monroe County Code Section 9.5-120.2b~ or from within another subarea if authorized by the Monroe County Comprehensive Plan and/or Monroe County Code. If the site of the acquired units is within a separate municipality~ that municipale:overnment must~ by resolution~ approve the extine:uishments and acknowlede:e that anv new units on the site of the acquired units must receive a ROGO award. [remaining text unchanged] 2. Further Revise Condition 9.1h as follows: The Second Supplement Attachment G2 is modified to conform to the reduction of bedrooms and bathrooms specified in condition 9.1a.