Resolution 156-2024 2 � it
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8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
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10 RESOLUTION NO. 156 -2024
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12 A RESOLUTION APPROVING A REQUEST FOR TERMINATION OF A
13 DEVELOPMENT AGREEMENT BY AND BETWEEN LONGSTOCK II
14 LLC D/B/A STOCK ISLAND MARINA VILLAGE ("SIMV") AND
15 SUCCESSORS-IN-INTEREST STOCK ISLAND OWNER LLC AND KW
16 PERRY LLC AND THE MONROE COUNTY BOARD OF COUNTY
17 COMMISSIONERS ("MONROE COUNTY"), RELATING TO THE
18 REDEVELOPMENT OF PROPERTY LOCATED AT 7001 AND 7025
19 SHRIMP ROAD,MILE MARKER 5,DESCRIBED AS PARCELS OF LAND
20 IN SECTION 35, TOWNSHIP 67 SOUTH, RANGE 25 EAST, STOCK
21 ISLAND MONROE COUNTY, FLORIDA, CURRENTLY HAVING
22 PROPERTY IDENTIFICATION NUMBERS 00123761-0004001 AND
23 00123761-000800.2
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26 WHEREAS, the Monroe County Board of County Commissioners ("Monroe County" or
27 the "County") on July 16th, 2014, approved Resolution No. 177-2014 approving a Development
28 Agreement(hereinafter the"2014 Development Agreement")by and between Monroe County and
29 Longstock II LLC d/b/a Stock Island Marina Village("SIMV,,),3 said 2014-executed Development
30 Agreement of which was recorded at Book 2696, Page 1445, of the Official Records of Monroe
31 County, Florida; and
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33 WHEREAS, the 2014 Development Agreement constitutes a covenant running with the
34 land, which is binding upon the Parties, their successors in interest, assigns, and personal
35 representatives; and
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37 WHEREAS, Bart Smith, Esq., on behalf of successors-in-interest Stock Island Owner
38 LLC and KW Perry LLC submitted a request to terminate the Development Agreement on or about
39 January 10, 2024; and
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41 WHEREAS, Section III.(K.)(c.) of the instant 2014-approved Development Agreement,
42 implementing Florida Statutes Section 163.3225, provides that"termination shall require at least
1 Currently having an address of 7001 Shrimp Road, Stock Island.
z Currently having an address of 7025 Shrimp Road, Stock Island.
Monroe County and SIMV,inclusive of the successors-in-title and successors-in-interest to SIMV,shall hereafter
be referred to as the"Parties".
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43 two (2) public hearings. The hearings shall be held pursuant to an application filed with
44 Monroe County[.]" (Emphasis supplied); and
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46 WHEREAS, the first such public hearing before Monroe County was accordingly
47 conducted at a duly noticed public hearing held by Monroe County at a regularly scheduled public
48 meeting of Monroe County conducted on February 21, 2024; and
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50 WHEREAS, Monroe County does not oppose the applicant's request to terminate the
51 Development Agreement;
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53 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
54 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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56 Section 1. Title, Recitals, Purpose, and Intent. The foregoing title,recitals, findings of fact,
57 and conclusions of law are true and correct and are hereby incorporated as if fully
58 set forth herein.
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60 Section 2. Monroe County hereby approves the above-referenced request to terminate the
61 subject July 2014 Development Agreement by and between Longstock II LLC d/b/a
62 Stock Island Marina Village ("SIMV") and successors-in-interest Stock Island
63 Owner LLC and KW Perry LLC and Monroe County.
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65 Section 3. Construction and Interpretation. The interpretation of this Resolution, and all
66 provisions of the Monroe County Codes, Comprehensive Plan, floodplain
67 management regulations, Florida Statutes, and Florida Building Code whose
68 interpretation arises out of, relates to, or is interpreted in connection with this
69 Resolution,these being necessary for the health, safety, and welfare of the residents
70 of and visitors to unincorporated Monroe County, shall be liberally construed in
71 favor of Monroe County, and such interpretations shall be entitled to great weight
72 in adversarial administrative proceedings, at trial, and on appeal.
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74 Section 4. Non-Reliance / Non-Reliance by Third-Parties. No natural person or legal
75 person, including but not limited to any business entity or non-profit organization,
76 may cite or rely upon this Resolution to enforce or attempt to enforce any theories
77 of precedent or third-party theories of relief, claims, entitlements, or benefits.
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79 Section 5. No Liability. Monroe County expressly reserves and in no way shall be deemed to
80 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign
81 or governmental defense, immunity, exemption, or protection against any suit,
82 cause of action, demand, or liability, or any other similar defense, immunity,
83 exemption, or protection against any suit, cause of action, demand, or liability.
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85 Section 6. Severability. If any provision of this Resolution, or any part or portion thereof, is
86 held to be invalid or unenforceable by any administrative hearing officer or court
87 of competent jurisdiction, the invalidity or unenforceability of such provision, or
88 any part or portion thereof, shall neither limit nor impair the operation,
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89 enforceability, or validity of any other provision of this Resolution, or any
90 remaining part(s) or portion(s)thereof. All other provisions of this Resolution, and
91 remaining part(s) or portion(s) thereof, shall continue unimpaired in full force and
92 effect.
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94 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
95 Florida, at a regular meeting held on the 17th day of April, 2024.
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97 Mayor Holly Merrill Raschein Yes
98 Mayor Pro Tern James K. Scholl Yes
99 Commissioner Craig Cates Yes
100 Commissioner Michelle Lincoln Yes
101 Commissioner David Rice Yes
102
103
104 BOARD OF COUNTY COMMISSIONERS
105 OF MONROE COUNTY, FLORIDA
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107 By441
ci MAYOR HOLLY MERRILL RASCHEIN
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