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Item P11 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 12/20/06 Division: County Attorney Bulk Item: Yes No xx Staff Contact /Phone #: Bob Shillinger x3470 AGENDA ITEM WORDIN"G: Approval to schedule a closed attorney client session in the matter of Lucy Ladd v, Monroe County, CA K 06-952 at the January 17, 2007 BOCC meeting in Key West. ITEM BACKGROUND: Ms. Ladd filed suit in September 2006 against Monroe County seeking a writ of mandamus to compel the issuance of a market rate ROGO allocation and damages for an alleged temporary taking. Her Big Pine Key property (Bk 3, Lot 14 Pine Channel Estates; RE 00248160 000000) is eligible for an affordable ROGa allocation. Ms. Ladd asserts that she is no longer eligible for an affordable housing ROGO allocation. Under the settlement agreement Ms. Ladd has proposed, she would assign the affordable housing allocation to Habitat for Humanity and donate $50,000.00 to that organization to further its efforts to build work force housing. In exchange, the County would issue her a market rate allocation, Ms. Ladd would pay all impact fees associated with a market rate allocation. Each side would bear their own costs including attorney's fees. Ms. Ladd would waive any claim for damages she might have as a result of the delays associated with the release of her permit. Per F.S. 286.011(8), the subject matter of the meeting shall be confined to settlement negotiations or strategy sessions related to litigation expenditures, Present at the meeting will be the Commissioners, County Administrator Tom Willi, County Attorney Suzanne Hutton, and Chief Assistant County Attorney Bob Shillinger, and a certified court reporter. PREVIOUS RELEVANT BOCC ACTION: none. CONTRACT/AGREEMENT CHANGES: u/a STAFF RECOMMENDATIONS: Approval. TOTAL COST: @$200.00 BUDGETED: nla COST TO COUNTY: @$200.00 SOUR,<;E OF FUNDS: nla REVENUE PRODUCIN"G: Yes No xx AMOUNTPE)MONTII_ Year _ n/a APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management _ / n A. Hutton, County Attorney DOCUMENTATION: Included xxx Not Required_ DISPOSITION: AGENDA ITEM # IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA LUCY LADD, Petitioner, v. CASE NO. 06-952-CA-K MONROE COUNTY, FLORIDA A political subdivision of the State of Florida, Respondent. / SETTLEMENT AGREEMENT This Settlement Agreement entered into this _ day of , 2006, by and between Lucy Ladd, Petitioner in the above-regard proceedings and Monroe County, Florida, a political subdivision of the State of Florida, Respondent in the above and foregoing proceedings, and WHEREAS, an action for a Writ of Mandamus has been brought by Lucy Ladd, Petitioner, in the Circuit Court in the Sixteenth Judicial in and for Monroe County, Florida, in which Monroe County, Florida is named as Respondent, as captioned above, and " WHEREAS, The Petitioner is an owner of real property in Big Pine Key, Monroe County, '~ J/ Florida, and WHEREAS, The Petitioner is the owner of a legally platted lot in a residential subdivision, lawfully platted by Respondent, Monroe County, to wit: Lot 14, Block 3, Pine Channel Estates, Section 2, as is recorded in the Public Records of Monroe County, Florida at Plat Book 6, page 2, in Big Pine key, Florida, and WHEREAS, The Petitioner's properties are zoned "Improved Subdivision" by Respondent Monroe County. The zoning designation "Improved Subdivision" allows for the construction, "As of Right" of "detached dwellings of all types" which definition includes single family homes, pursuant to Section 9 .5-242 of the Monroe County Land Development Regulations, and WHEREAS, The Petitioner's predecessor in title applied for a permit to build "detached dwelling" to wit; a single family home, on the subject property in Big Pine Key, Monroe County, Florida. The application for the permit was in the form prescribed by the Respondent County. The Petitioner's predecessor in title paid the required fee. The Petitioner's predecessor in title was advised by the Respondent County that their building application was in compliance with the requisite permit procedure, and WHEREAS, upon the receipt of the notification of their compliance with the building permit application, the petitioner's predecessor in title then made application under the Dwelling Unit Allocation System (hereinafter referred to as RaGa) pursuant to Section 9.5-120 et seq. of the Monroe County Land Development Regulations. In order to comply with the requirements of the RaGa Act, in addition to having obtained compliance with the building permit application, the Petitioner is expended substantial funds, as 'a cOlldition of .2htaining a ROGO, and WHEREAS, at the time ofthe filing of the application for the Building Permit, and the RaGa allocation, the Petitioner's predecessor in title was qualified under the then applicable Monroe County Code of Ordinances for an affordable housing RaGa allocation. The Petitioner's predecessor in title's application for a RaGa allocation was found insufficient for the years 1995, 1996, and 1997. In 1997, a member of the Respondent County staff advised the Petitioner's predecessor in title ifthe application for a RaGa allocation were amended to request a deed restricted affordable home that amendment would insure the issuance ofthe RaGa allocation, and accelerate and expedite the processing necessary for the issuance of the permit to build a single-family home, and WHEREAS, acting in reliance on the Respondent County's employee's advice, the Petitioner's predecessor in title amended their application to request a construction of an affordable home, which, at that time, the Petitioner's predecessor in title was eligible to receive, and WHEREAS, as a direct result of the Petitioner's predecessor in title's amendment to its building application for an affordable home, the RaGa allocation was approved and issued by the Respondent County and Petitioner's predecessor was issued a RaGa Allocation for the construction of a single family affordable home on the subject property. Pursuant to Section 9.5- 122(c)(3), of the Land Development Regulations, the Petitioner's predecessor in title received notification of their successful completion and entitlement to an RaGa Allocation Award. The Petitioner's predecessor in title requested the issuance, and delivery, of a building permit for their single family homes, and \, WHEREAS, the permit issued was given th; number ~-1-173 by the Respondent County but was not issued, and WHEREAS, in March of 2002, the Respondent County initiated Beneficial Right proceedings for the properties owned by the Petitioner, among others, pursuant to Section 9.2- 171 of the Monroe County Land Development Regulations; and WHEREAS, thereafter, A Beneficial Use hearing was held which resulted in a Proposed Beneficial Use Determination issued by Special Master J. Jefferson Overby on 28 May, 2002, and WHEREAS, thereafter, on 19 June, 2002, the Board of County Commissioners for Respondent Monroe County unanimously passed Resolution No. 263-2002 approving the Proposed Beneficial Use Determination issued by Special Master J. Jefferson Overby, and WHEREAS, the parties after due consideration have agreed to resolve all issues between them as memorialized in this Settlement Agreement, NOW THEREFORE, it is AGREED AS FOLLOWS: L The recitations named above are incorporated herein as if fully set forth and to which the accuracy thereof the parties hereby agree. 2. Petitioner will transfer her affordable housing permit, Numbered 95-1-173 to the Florida Keys Chapter of Habitat for Humanity. The County deems Permit Number 95-1-173 to be a viable permit suspended only due to administrative action and for which a new period for the commencement of construction will be determined upon tendering to Habitat for Humanity the sum of Fifty Thousand Dollars ($50,000). \, 3. Petitioner will donate to the Florida'Keys Chapter 2fHabitat for Humanity the sum of Fifty Thousand Dollars ($50,000) upon the issuance of the market permit to the Ladds to assist in the construction of the home using the above-reference affordable housing permit. 4. Monroe County will issue a market rate building permit for Lot 14, Bock 3, Pine Channel Estates, Section 2, Monroe County, Florida, to Petitioner within ninety (90) days of the date of the approval of this Agreement by the Court. If a market rate ROGO allocation is needed for this issuance, it will be tendered from the next available quarterly allocation for Big Pine Key. 5. Petitioner will pay all permitting and impact fees required for the issuance of this market rate building permit. 6. Petitioner will be required to submit plans for approval for the issuance of the market rate building permit to the Planning Department, which plans will be required to be acceptable and othernrise in compliance with standard approvals by the Planning and Building Departments. 7. Each party will bear its own attorney's fees. 8. By execution of this Settlement Agreement Petitioner aclmowledges this is in full satisfaction of all claims which Petitioner makes against the Respondent and releases Respondent from any claim alleged in her petition other than for the relief and privileges which are set forth in this Settlement Agreement. WITNESS all the parties appear and set their hands and seal this the day and year '~ .11 first above written. PETITIONER M Read and approved by: UN D. GREENMAN, ESQ. y for Petitioner MONROE COUNTY, FLORIDA P.O. Box 1026 Key West, FL 33041-1026 (305) 292-3470 (305) 292-3516 By: CHARLES "SONNY" MCCOY MAYOR JERRY D. SANDERS ASSISTANT COUNTY A TIORNEY Qf~/~~ Witness ); O~liW e 1(qtJ k/ttJ~ Printed Name of Witness c?3 3 z> / g I 5 he / }p t\) /5 e ~ e h j(J G/gh+- m//e jJ-I/) I ) 3t~J~ Witness Printed Name of Witness " .L'