Item P13
BOARD OF COUNTY COM1WISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 12/20106
Division:
County Attorney
Bulk Item: Yes ~
No
Staff ContactJPhone #: Bob Shillinger x3470
AGENDA ITEM WORDING: Approval of settlement agreements with Eager Family Trust and
Calusa Campground Condominium Association and authorization for Growth Management Director to
execute same on behalf of the County.
ITEM BACKGROUND: Staffhas been negotiating with the former and current owners of the Calusa
Campground Condominium Association to resolve platting and buffer yard issues that led to multiple
code enforcement issues. Under the agreement, the Eager Family Trust would donate 9 plus acres of
hammock to the County under the condition that it never be developed. That donation would mitigate
and resolve buffer yard issues for certain lots within the Calusa Campground Condominium Association
that border on the hammock. The County would also agree to recognize the plat recorded at Official
Records Book 2031, Pages 1921-28 approved as the Calusa Campground Condominium Association
official plat map for the Condominium association. Approyal of these settlement agreements would
eliminate several administrative proceedings and avert potential litigation, The parcel to be donated in
located on the acquisition list of the Florida Forever Fund and is thought by Growth Management staff
to be high qualifY, Tier I hammock
This item is being added on because the details of the agreement were not completed by the agenda
deadline, The Eager Family Trust, which is an estate, would like to resolve this matter prior to the end
of year for tax purposes.
PREVIOUS RELEVANT BOCC ACTION: None.
CONTRACVAGREEMENTCHANGES: wa
STAFF RECOMMENDATIONS: Both Growth Management and legal staff recommend approval.
TOTAL COST:
n/a
BUDGETED: Yes
No
COST TO COUNTY:
n/a
SOURCE OF FUNDS:
nJa
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty _ OMBfPurchasing _ Risk Management _
I1/.
County Attorn
DOCUMENTA TION:
Included xx
No
DISPOSITION:
AGENDA ITEM #
SETTLEMENT AGREEMENT
This Settlement Agreement ("Agreement") is entered into this _ day of December,
2006, by and between Monroe County, Florida, a political subdivision of the State of Florida,
hereinafter ("County"), and the Eager Family Limited Partnership, LP, a Florida Limited
Partnership, hereinafter ("Eager").
WITNESSETH:
A. WHEREAS, on , 2006, Eager appealed the decision of the
County's Planning Director and the County's Planning Staff determining that the Calusa
Campground Condominium Association Property ("Calusa Property") needed to be platted; and
B. WHEREAS, on , 2006, Eager appealed the decision of the
County's Planning Department which alleged that certain Condominium Units ("Units") within
the Calusa Property are subject to the regulations in the County's Zoning Code ("Code") which
require that specific buffer areas be provided; and
C. WHEREAS, on 2006, Eager appealed the alleged Code
Violations ("Violations") issued by the County to several owners of Units within the Calusa
Property; and
D. WHEREAS, the above appeals filed by Eager are currently pending before the
County's Planning Commission; and
E. WHEREAS, the County and Eager are mutually desirous of effecting a resolution
for any and all land use, zoning and Code Compliance matters regarding the Calusa Property,
including, but not limited to, the appeal of the County's platting determination, the appeal of the
MIADOCS 16236073
County's buffer area allegations and the appeal of the purported violations issued by the County
concerning existing building and Code Violations at the Calusa Property.
NOW, THEREFORE, in consideration of the mutual covenants, promIses and
representations contained herein and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the County and Eager hereby agree as follows:
1. RECITALS, The foregoing recitals are true and correct and are incorporated
herein by reference as if set out in full in the body of this instrument.
2. PLATTING. The recorded Site Plan of the Calusa Property dated May 4, 2001
and recorded in Official Records Book 2031, Pages 1921-28 of the County's Public Records is
hereby approved and acknowledged as the Calusa Property Site Plan ("Plan") for all purposes
going forward. The County hereby acknowledges and covenants that it will not request or
otherwise require that Eager, the owners of Units within the Calusa Property, or the duly formed
association representing the owners, plat or replat the Calusa Property, and further agrees that,
the Plan will serve as the functional equivalent of a duly approved and recorded plat as defined
in the Code, so long as the Calusa Property, or any portion thereof, is used as a Recreational
Vehicle Campground and is subject to condominium ownership. the County further
acknowledges and agrees that the Unit lay-out shown on the Plan satisfies all Code requirements
regarding the subdivision of land and further covenants not to issue any Code violations to or
initiate any Code Enforcement proceedings against any Unit owner of record, relative land use,
zoning or building code matters, which include but are not limited to, minimum lot size,
minimum frontage requirements, required setbacks areas, buffer yard requirements and all
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construction work or improvements made at the Calusa Property prior to the date of this
Agreement.
3. RECOGNIZED UNITS. The County hereby acknowledges and agrees the Calusa
Property contains Three Hundred Sixty-Seven (367) Condominium Units, all of which are shown
on the Plan and all of which may be used for any purpose permitted under the Code in effect as
of the date of this Agreement, which Code may be modified from time to time.
4. BUFFERING MATTERS,
a. It is understood and agreed that Eag;er does not agree or admit in anyway
that buffer yards or areas are required for the subject Units or other areas
in or about the condominium, its Units and cornmon areas, This
agreement is entered into by Eager solely as a settlement for convenience
to resolve all of the issues relating to the condominium between Eager and
Monroe County.
b, Eager agrees to donate Nine and Thirty-Two Hundredths (9.32.:1:) acres of
unimproved, property ("Buffer Property"), described more particularly on
Exhibit "A" attached hereto and incorporated herein'by reference, which
is located east of the Calusa Property and is zoned Suburban Residential
(SR) on the County's zoning map. In exchange for Eager's donation of
the Buffer Property to the County in fee simple title, the County agrees to
immediately dismiss, abandon and forever terminate any and all
enforcement efforts and proceedings regarding the required buffer areas
for Units 114-126 and Units 481-489 at the Calusa Property as shown on
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the Plan, and further agrees to \vaive any and all legal or equitable rights
to bring, initiate or otherwise participate in any future actions or
enforcement proceedings against Eager or the owner or owners of Units
111 126 and Units 181 189 as well as the assigns, devisees, and
successors in interest, to the owners of Units 114 126 and Units 481 489
which relate in any way to the Buffer Yard areas at the Condominium or
its Units, in recognition of the fact that the Buffer Property will be held in
perpetuity without development that Units 114-126 and Units 481-489
shall not be required to have a. buffer yard. The County further
acknowledges and agrees that Eager's deeding of the Buffer Property to
the County is hereby considered complete mitigation, total satisfaction and
final resolution of the pending buffer yard enforcement matters and all
issues relating to the Plan and the development of the Calusa Property as a
condominium.
c. The County further covenants that the Buffer Property will never be
cleared or improved because, as consideration for entering into this
Agreement, all Transferable Development Rights ("TDRs") currently
existing on the Buffer Property will be provided to Eager. The County
agrees to maintain the Buffer Property in its natural state or as a public
park, in perpetuity, and also agrees to name the Property after GEORGE
W, EAGER, SR. should a representative of the Eager Family so request.
The Quit Claim Deed from Eager shall contain an express Deed
Restriction providing that the Buffer Property cannot be cleared and that
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?v.IlADOCS 16236073
no residential or commercial buildings can be constructed upon it. The
Deed Restriction shall be enforceable at law or in equity by Eager, Eager's
assign, Eager's designee or Eager's successor -in-interest.
5. TRANSFERABLE DEVELOPMENT RIGHTS. The County recognizes Four
and Sixty-Six Hundredths (4.66) TDRs on the Buffer Property. Upon final approval of this
Agreement, as provided herein, the County will issue all appropriate documentation and take all
action necessary to immediately provide Eager with access to the TDRs, Eager in their sole and
absolute discretion may retain, transfer, sell, or dispose of the TDRs as Eager chooses, and the
County hereby covenants and agrees not to object to or fail to consent (if consent is required
under the Code) to Eager's use ofthe TDRs.
6. BUILDING PERMITS. The County agrees to issue Development Permits
("Permits") which include, but are not necessarily limited to: (i) Permits for vertical
development; (ii) Permits for water and sewer connection; and (iii) Permits related to utilities
connection, to the following Units within the Calusa Property as shown on the Plan: Units 1-20,
Units 114-126 and Units 481-489. Upon receipt of an application submitted by the owner or
owners of record of one or more of the above Units, the County agrees to prpcess and issue such
Permits in due course, without delay.
7. VIOLATIONS. Upon execution of this Agreement, the County agrees to dismiss,
cancel, void and close-out all existing (if any) Violations issued against the owners of record for
Units 1-20, Units 114-126 and Units 481-489. Further, the County agrees that, upon execution
of this Agreement, the above Violations will be deemed paid, remedied and completely satisfied
now and forever. Notwithstanding any contrary provisions contained herein, this Agreement will
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not preclude the County from exercising its enforcement powers to issue code violations to
owners of Units in the Calusa Property concerning future violations which are documented after
the date of this Agreement. It is the intent of the County and Eager that all Violations
documented as of the date of this Agreement be cancelled, satisfied, and closed out as to Eager,
the development of the condominium and the above-referenced Units.
8, TRANSFERABLE ROGO EXEMPTIONS.
a, The County recognizes the existence of Twenty-Eight (28) Market Rate
Transferable ROGO Exemptions ("TREs") in favor of Eager, for which
the County will issue all appropriate documentation and take all
appropriate action to provide these to Eager upon final approval of this
Agreement as provided herein. The TREs may be distributed as follows:
(i) Twenty (20) TREs may be transferred, sold, or disposed of by
Eager, in Eager's sole and absolute discretion, within the Upper
Florida Keys planning area. Notwithstanding the above, none of
the TREs may be transferred to any property or properties which
the County intends to classify as 'Tier In as shown on the pending
Tier Ordinance Designations, a copy of which is attached as
Exhibit "B" hereto and incorporated herein by this reference, nor
can any of the TREs be transferred to a property or properties that
would receive negative environment points by the application of
the County's Planning Department existing rules and regulations.
The County will provide Eager with a list of such sites prior to
Eager's execution of this Agreement, which in no event shall be
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less than ten (10) days before this Agreement is presented to the
Board of County Commissioners ("BOCC") as provided herein.
(ii) Eight (8) IREs will be donated by Eager to the County to be used
by the County in the County's sole and absolute discretion,
9. GLOBAL SETTLEMENT. This Agreement is entered into relative to and in
consideration of the above-referenced appeals brought by Eager and is intended to resolve all
issues addressed in those appeals with prejudice, and is further intended to resolve and settle all
other land use, zoning, platting, development, and code compliance matters addressed herein
between the parties, and the referenced Unit owners, as to the Calusa Property.
10. APPROVAL BY BOARD OF COUNTY COMMISSIONERS. Notwithstanding
any contrary provision above, the County's acceptance of this Agreement is subject to the
approval of the BOCC, who have not yet reviewed same, Should, for any reason, a majority of
the BOCC fail to approve the terms of this Agreement, it shall be of no force or effect. If the
Agreement is approved by the BOCC, it shall be fully binding on the parties as ofthe above date.
11. ATTORNEY'S FEES. Each party will be responsible for its own attorney's fees
incurred as part of this Agreement.
12. INTERPRETATION. The singular shall include the plural, the plural the singular
and use of any gender shall include all genders, The headings contained herein are for
convenience and reference only, and in no way define or limit the scope and content of this
Agreement or in any way affect its provisions.
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M1ADOCS 16236073
13. SEVERABILITY. If any proVISIon of this Agreement is judged to be
unenforceable such provision shall be ineffective to the extent of such unenforceability without
invalidating the remaining provisions hereof If any provision of this Agreement is capable of
two (2) constructions, one (1) of which would render the provision void and the other of which
would render the provision valid, it is the parties intent that such provision have the meaning
which renders it valid.
14. RECORDATION. A fully executed copy of this Agreement signed by all parties
hereto, shall be recorded among the Public Records of Monroe County, Florida at Eager's
expense.
15. AMENDMENT TERMINATION. This Agreement may not be amended,
modified or terminated except by written instrument signed by the parties hereto and recorded in
the Public Records of Monroe County, Florida.
IN WITNESS WHEREOF, the parties appear and have set their hands and seals on the
date first above written.
EAGER FAMILY LIMITED PARTNERSHIP, LP,
a Florida Limited Partnership
By:
GEORGE W. EAGER, JR" as President of
Eager Investments, Inc., a Florida corporation,
General Partner of Eager Family Limited
Partnership, L.P.
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Witness
Printed Name of Witness
Witness
Printed Name of Witness
STATE OF FLORIDA
)
)SS:
)
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this _ day of December, 2006
by George W. Eager in his capacity as President of Eager Investments, the General Partner of the
Eager Family Limited Partnership, LP, a Florida Limited Partnership, who is authorized to bind
the Partnership. He is personally known to me or ( ) produced
as identification.
(NOTARY SEAL)
Notary Public, State of Florida
Print Name:
Commission No.:
My Commission Expires:
Approved by:
GUS CROWELL, ESQ.
Attorney for Eager Family Limited Partnership, LP,
a Florida Limited Partnership
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MIADOCS 16236073
Witness
Printed Name of Witness
Witness
Printed Name of Witness
STATE OF FLORIDA
COUNTY OF MONROE
MONROE COUNTY, FLORIDA
By:
Ty Symroski
Director of Growth Management, MOlioe
County, on behalf of MOlioe County, a
political subdivision of the State of Florida
)
)SS:
)
The foregoing instrument was acknowledged before me this day of December,
2006 by Ty Symroski, Director of Growth Management, MOlioe County, Florida, who is
authorized to legally bind MOlioe County. He is personally known to me or ( ) produced
as identification.
(NOTARY SEAL)
Approved by:
Robert B. Shillinger
Chief Assistant County Attorney
MIADOCS 16236073
Notary Public, State of Florida
Print Name:
Commission No.:
My Commission Expires:
10
On the Island Of Key LltSo and bein8 aU that part of Lot I. of Section 28, Township 61 South, Ra.n8e 39
East, lying North of a 20 foot read sad ~ North of$e fanner right orMy of the FIoric:tl. But Coast
Railway accooing to a survey made by P.D. JeHins. C.E. and mooordins to the Plat thereof. as recorded in
Plat Book 1, at Pap 68, of the Public ReCords of Monroe County, Florida.
EXHIBIT
]
~ rJII
SETTLEMENT AGREEMENT
This Settlement Agreement entered into this the day of December, 2006,
by and between Monroe County, Florida, hereinafter ("County") and Calusa Campground
Association, Inc., hereinafter ("Calusalf),
WITNESSETH:
"WHEREAS, Calusa has appealed the decision of the Planning Director and
Planning Staff regarding replatting of the Calusa Campground Condominium
Association~ and
"WHEREAS, the aforementioned replatting appeal is pending before the Monroe
County Planning Commission~ and
"WHEREAS, the County and Calusa are desirous of resolving all issues in dispute
between them related to the plat~ and
NOW, THEREFORE, the parties agree as follows:
1. REPRESENTATIONS, The parties agree to the representations set forth
above and to the accuracy thereof
2. PLATTING. The recorded site plan found at Official Records Book 2031,
Pages 1921-28 is approved as the Calusa Campground Condominium
Association site plan, and Monroe County agrees that no additional
platting is needed as of the date ofthis agreement for current uses or for
future approved uses.
3. RECOGNIZED UNITS. Calusa Campground Condominium Association
is built and recognized as having 367 condominium units.
4. CODE VIOLATIONS. All existing code violations related to the buffer
yard against Calusa or its members are deemed satisfied by this complete
Agreement with Monroe County.
5. This Settlement is done incident to an appeal in litigation by Calusa and
resolves all issues in the pending appeal.
6. APPROVAL BY BOARD OF COUNTY COMMISSIONERS.
Notwithstanding any other provision above, County's acceptance of this
Settlement Agreement by execution of its counsel below is subject to the
approval of its governing body, the Board of County Commissioners of
Monroe County (BOCC), who have not yet considered same. Should, for
any reason the BOCC fail to ratify and approve this Settlement
Agreement, it shall have no force or effect. If so approved, however, it
shall be fully binding on the parties hereto.
7. ATTORNEY'S FEES. Each party will bear its own attorney's fees for all
issues from which this Settlement arose,
8. MODIFICATIONS OR AMENDMENTS. No modifications or
amendments of this Agreement shall be made unless in writing and signed
by all parties.
IN WITNESS WHEREOF, the parties appear and have set their hands and seals
this the year and day ofthe first above written.
2
By:
Witness
Printed name of witness
Witness
Printed name of witness
Sworn to and subscribed before me this
day of December 2006, by
INSERT, who has produced
as identification or
who is personally known to me.
Notary Public - State of Florida
Approved by:
Santiago Echemendia
Attorney for the Calusa Campground Association, Inc.
MONROE COUNTY, FLORIDA
3
By:
Ty Symroski
Director of Growth Management
Witness
Printed name of witness
Witness
Printed name of witness
Sworn to and subscribed before me this
day of December 2006, by Ty
Symroski, Director of Growth Management, Monroe County, Florida, who has produced
as identification or who is personally known to
me.
Notary Public - State of Florida
Approved by:
Bob Shillinger
Assistant County Attorney
4