Item J1
_.-,.-. - .- .----...- .-- - -.. '---
J:t
GROWTH MANAGEMENT LITIGATION REPORT
TO: BOCC; Richard Collins; Tim McGarry; Jim Roberts
FROM: Karen Cabanas
DATE: December 16, 2003
VacatioD Rentals
N eumont (Federal Class Action) - Federal class action case alleging vacation rental ordinance was
prematurely enforced, is an unconstitutional taking of Plaintiffs' properties, and was adopted in
violation of due process. The Court has either dismissed or emeredjudgment in favor of Monroe
County on all counts. Awaiting entry of final order and resolution of mot:ons for fee-shifting
sanctions relating to discovery. Plaintiffs have stated that they intend to appea.1 to the 11th Circuit.
($77,923.75 as of November 30, 2003).
Taldn2s Claims
Galleon Ba~' - Two cases: Appeal of vested rights decision and taking claim. Awaiting ruling from
3rd DCA on vested rights appeaL Taking case: As set forth in my prior letter, Judge Payne has
entered summary judgment in favor ofPlaintt ffs on liability. Case will proceed with jury trial as to
damages. County has filed Motion for Leave to Fi Ie 3rd Party Complaint (ag2.inst State of Florida)
and various discovery requests relating to damages. Hearing on motion to file against state is set for
Jan. 5. ($29,097.75 as of November 30, 2003) (does not include prior Gallecn Bay matters).
Phelps/Hardin - Claim brought in federal court for due process and inverse condemnation based on
code enforcelnent proceedings that resulted in a lien on Plaintiffs' property. Federal court has
entered judgment in favor of Monroe County due to reinstatement of state court appeal of code
enforcement order. (S6,059.00 as of November 30,2003).
Good - Seeking declaratory relief and takings claim for"':' 16 acre Sugarloaf Shores property due to
commercial moratorium which began January 4, 1996. County's motion to dismiss is being held in
abeyance until Plaintiff obtains a pre-application letter of understanding as to the level of
development that is permissible on each parcel ofproperty. Plaintiff is also Jll1J:suing administrative
requirements for filing claim under Bert Harris Act. ($9,780.00 as of November 30,2003).
Emmert - Complaint seeking inverse condemnation based on partial grantrng of Beneficial Use
application. Plaintiffs were granted partial beneficial use from wetland regllbtions, thus expanding
the buildable area of their vacant Ocean Reef lot from approximately 1,80C to 2,500 square feet.
However, Plaintiffs cannot build within this area due to Ocean Reef Association deed restrictions
requiring setbacks in excess of those required by Monroe County. Plaintiffs allege that Monroe
County's actiol15 have resulted in a denial of all economic use of their property, despite expressly
allowing a 2,500 square foot buildable area. Monroe County's motion to dismiss was denied on
grOlmds that COUlt has original jurisdiction over constitutional claims & cannot be bound by Hearing
Officer's findings. Parties are proceeding with discovery. (S3,025.00 as or~ovember 30,2003).
_'0..0- ---- - - --_.- ..-. -
Kalan - Takings claim filed as to residential property in Cahill Pines & Palms su.bdivision for failure
to obtain ROGO allocation in 4 year period. Based on County's motion to dismiss, the parties have
agreed on entry of an order holding the case in abeyance while Plaintiff seeks a beneficial use
determination, as required to exhaust available administrative remedies and ripen the case for
judicial review. ($1,102.50 as of November 30, 2003).
Other Matters
Clay (Big Pine Moratorium) - Complaint filed against Monroe County alleging various claims
(takings, vested rights, etc.) based on the de facto building moratorium en Big Pine due to the traffic
level of service and concurrency mandate. Judgment was entered in favor of Monroe County on
basis that concurrency is a state-imposed mandate, not a County regulation; al.50 based on fact that
FDOT is responsible for upgrading U.S. 1, not Monroe County and issuance of any building permits
by Monroe County may violate state concurrency and Endangered Species Act provisions. Plaintiffs
appealed to 3Td District Court of Appeals, which affirmed the trial court's ruling in favor ofCol1nty.
Plaintiffs have filed with the Florida Supreme Court requesting it to accept jurisdiction over case
based on alleged conflict between 3d DCA's judgment and other DCA & U.S. Supreme Court
opinions on the issue of ripeness and futility. Jurisdictional briefs have been fik:d, awaiting ruling as
to whether Fla.S.Ct. will hear case. (S22,791.50 as of November 30, 2003).
Ambrose - Declaratory action claiming vested rights under S380.05(18) based on filing of
subdivision plats. Pursuant to summary judgment proceedings and his previous orders, Judge Payne
ordered that Plaintiffs prove ownership of a single Plaintiffs' lot so that legal issues may be appealed
rather than spend extensive time in trial court litigating o\llIlership issues at: to each lot at issue.
Various environmental groups were also granted leave to intervene. Court entered final summary
judgment for approximately 75 Plaintiffs. Final Order was appealed by Defendants. Third District
has reversed, holding that vesting is not established by mere recording of plats~ statute requires
showing of reliance and change of position to establish vesting. ($56,018.7:; as of November 30,
2003).
Industrial Communications & Electronics - Federal case alleging wireless tower moratoria were
unconstitutional on various grounds and violated Federal Telecommunications Act. Case was
dismissed by trial court based on claims being identical to those brought in state court action and
failure to reserve federal claims therein. Case is pending on appeal with 11th Circuit. Filine: of
County's brief has been extended to FeblUary 3. pending confidential rrediation discussions.
($4,072.50 as of November 30,2003).
Upper Keys Citizens Association - Appeal to Div. of Admin- Hearings ofPl.anning Commission's
approval of North Key Largo sub-station for Fla. Keys Electric Co-Op. Hearing officer's order
upholding planning Commission resolution was upheld, but Plaintiffs have filed further appeal to
circuit court. . Judgment in favor of County. holdine: that plannine: commissioners are "public
officers" as defined by statute and statute mandates that officer vote un1e:ss he/she has private
financial interest in outcome of vote. ($13,747.50 as of November 30,2003).
Lawson - Appeal of Monroe County Planning Commission resolution. Oral argtunent was held
November 24; awaitin2: ruling. ($112.50 as of November 30,2003).
2
_0"_'
Johnson - Writ of Mandamus challenging Director ofPlanningfs determination that application for
"boundary determination" by alleged error requires zoning map amendment application. Applicant
applied for boundary determination based on allegation that BOCC previously adopting change in
zoning. Director's determination was based on review of records failing to show any error or prior
consideration of such zoning change. Director rejected application and informed Owncrto properly
file for zoning map amendment. (Boundary determination may be placed on BOCC agenda without
the public notice required for a zoning change). Pursuant to oral argument, MOill'oe County has
agreed to re-process application for denial or approval (application was previously returned as
incomplete) and Plaintiffs may appeal as provided by Code if denied. ($3,515.00 as of November
30, 2003).
Department of Community Affairs v. Monroe County - Case before Land and Water
Adjudicatory Commission alleging that COWlty has failed to comply with various Comp Plan
requirements by failing to routinely amend endangered species maps, and vegetation surveys as to
high & moderate quality hammock areas. Also alleges that County has allowed higher ROGO scores
that should have been allocated due to failure to amend maps, thereby allowing more residential
development than should have been approved. Case is set for administrative: hearing in January.
($3,515.00 as of November 30, 2003).
Eads v. Monroe County - Three pending cases: (1) Appeal ofBOCC decision to deny rescindment
of designation and original declaratory action alleging de-designation criteria is violation of due
process because it is unduly oppressive for failing to consider financial burden & condition of
structure (2) appeal of code enforcement order finding property in violation for unsafe condition and
(3) appeal before hearing officer of HPC decision to deny applicatiol;! for demolition &
reconstruction. BOCC's decision to deny rescinding historical designation was upheld by Judge
Garcia. Code enforcement appeal and demolition/reconstruction appeal are being held in abeyance
pending final ruling on due process claim. Trial on due process claim was held August 22. Court
has issucd final judgment in favor of County, holding that application of historic preservation
ordinance did not resul t in a denial of due process and was not arbitrary or oppressive. Plaintiffhad
argued that ordinance was oppressive because cost of reconstruction was more than cost of
demolition and construction ofllew non-hist0l1c bldg. Plaintiffhas filed notice of appeal as to due
process claim; time has expired to further appeal BOCC denial of de-designatil:m application (court
denied Plaintiffs' motion to consolidate aoneals. (S21,062.50 as of November 30, 2003).
Quay Appeal (parker v. Monroe County): Appeal of Planning Commission resolutions granting
conditional use, receiver and sender site commercial square footage transfer. Hearinli!: Officer issued
final order in favor of County. affirming validity ofolanning commission actions below approving
conditional use applications & NROGO floor area transfer.
~"ROGO Allocation appeals (Smart Planning v. Monroe County): Sma11 Planning Coalition
challenge ofNROGO allocations based on allegation that allocations violate NROGO/Comp Plan
provisions because Key Largo CornmuniKeys Master Plan not yet adopted. Case was dismissed by
DOAR for lack of jurisdiction. New complaint has been filed in circuit court on same grounds.
County has filed motion to dismiss for lack of jurisdiction on grounds that plaintiff is not an
"aggrieved party," as required by statute. Party's interest must be greater than that of general
community. ($150.00 as of November 30, 2003).
3
Memorandum
To: Richard Collins, County Attorney
From: Bob Shillinger, Asst. County Attorney
Date: December 16, 2003
Re: December 2003 litigation report
GENERAL LITIGATION
D&J Industries v. Monroe County CA P 99-543
Circuit Court 16th Judge Garcia Date Filed: 10/12/99
Cert. review of the BOCC's decision to award contract for roofing contract for the
Marathon Government Annex to another bidder.
Status: Closed. Dismissed for lack of prosecution.
Next Activity: Hearing on BOCC's Motion for Attorney Fees tba.
Time: $5,160.00 Costs: unknown
Hinote Construction v. Monroe County CA P 03-344
Circuit Court (16th) Judge Garcia Date Filed: 6/18/2003
This is a 9 1983 action arising out of a denial by the Planning Commission of a
transfer of commercial square footage to the proposed Walgreen's in Key Largo
against the advise and recommendation of staff.
Current Status: BOCC agreed on 11/19/03 to settle case by issuing permit.
Next Activity: Revise agreement and have Mayor execute it.
Time: 24.4 hours Costs: $50.46
L10vd Good v. Monroe County CA K 04 -----
Circuit Court (16th) Judge: Date Filed:
On 11/24/03, the County was served with notice of a claim under the Bert J.
Harris Act regarding two parcels of property owned by Lloyd Good.
Current Status: Statutory Notice provided to Dept. of Legal Affairs on 12/9/3.
Next Activity: Nothing scheduled. Reviewing claim.
Time: 2.1 hours Costs : $5.56
:s. \
Loose, Karl et al v. Monroe County Case No.: 03-10019-CIV-Highsmith
U.S. Dist. S.D.Fla.: Judge: Highsmith Date Filed: March 4, 2003
This federal ADA case, in which a professional Plaintiff complains of deficiencies
for handicap access in the Key West Court House complex. The CAY engaged
the firm Vernis & Bowling to serve as co-counsel because its an ADA case.
Current Status: The case is in the discovery process.
Next Activity: BOCe executive session scheduled for 12/17/03.
Time: 37.4 hours by CAY Costs: $795.36
V & B has billed for $11,546.14 (Not audited yet.)
Monroe County v. Mark Fraleigh CAP 03-647
Circuit Court (16th) Judge: Garcia Date Filed: 12/8/3
This is an action for ejectment against a person who owns structures located on
County right-of-way. Case against prior owner dismissed after he sold structures
to Fraleigh.
Current Status: Complaint filed 12/3/3.
Next Activity: Defendant to respond to notice of commencement of action.
Time: 2.9 Costs: NONE
Monroe County v. Ana M. Martinez CAK 03 - TBA
Circuit Court (16th or 11th) (no judge assigned yet)
Action to foreclose or seek declaration of rights on lien against Cuban biplane.
Current Status: County reimbursed for security costs through other means.
Next Activity: Release lien.
Time: 16.5 hours Costs: $200.00
Moro, Giuseppe v. Monroe County CAM 03-170
Circuit Court (16th) Judge: Jones Date Filed: 6/18/03
Defense of an action to quiet title brought by tax deed purchaser.
Current Status: Judgment entered 12/2/03 extinguishing any interest County
might have in the property.
Next Activity: Close case.
Time: 1.8 hours Costs: none to date
Oasis Travel v. Monroe County SC K 03-445
County Court (16th) Judge: Miller Date Filed: 10/3/03
Small claims collection action filed against the County by a travel agency that
contends that it is owed money for plane tickets issued to, but unused by, County
employees.
Current Status: BaCC agreed to settle case on 11/19/03.
Next Activity: Mayor to execute settlement agreement; trial 12/29/03 at
1 :30 pm.
Time: 2.6 Costs : none to date
PBP Marina, Inc. v. Monroe County CA K 02-561
Circuit Court (16th) Judge: Payne Date Filed: May 2002
Cert. Petition appeal from denial of change of FLUM and rezoning. This case
had been referred to M&H though that firm took no action because of a conflict.
No notice of said conflict was provided to this office.
Current Status: Special Master recommending to Court that it hold case in
abeyance while differences between PBP, County, and others including US Navy
are resolved.
Next Activity: Meeting with Growth Management & Ralf Brooks tba.
Time: 4.5 hour Costs : none to date
ARTICLE V APPEALS
Monroe County Bail Bonds v. State ex rei. Monroe County CF K 03
Circuit Court (16th) Judge: Date Filed: 8/11/03
This is an appeal of a County Court decision to deny a bail bondsman's motion to
set aside a bond forfeiture. Bond amount is $2500.00. Lower Court case is
styled State v. James Thomas Hastings, 2003 MM 1845 K.
Current Status: Awaiting Appellant's initial brief.
Next Activity: File Answer brief 20 days after initial brief is served.
Time: .1 hour Costs: none to date
Monroe County Bail Bonds v. State ex rei. Monroe County CF K 03
Circuit Court (16th) Judge: Date Filed: 7/29/03
This is an appeal of a County Court decision to deny a bail bondsman's motion to
set aside a bond forfeiture. Bond amount is $10,000.00. Lower Court case is
styled State v. David Paul Saunders, 2002 MM 2083 K.
Current Status: Awaiting Appellant's initial brief.
Next Activity: File Answer brief 20 days after initial brief is served.
Time: .6 hour Costs: none to date
CODE ENFORCEMENT APPEALS
Decker, Harry v. Monroe County CA K 01-1252
Circuit Court 16th Judge Payne Date Filed: 1015101
This is an appeal of a code enforcement 08TD8 case. The County's Answer
brief has been drafted and is undergoing the revision process.
Current Status: County's brief has been drafted, needs revisions
Next Activity: File County's brief.
Time: 6 hours Costs: none
Eads, Barbara v. Monroe County CAP 03-117
Circuit Court 16th Judge Garcia.:. Date Filed: 2127103
This is a code enforcement appeal of the special master's order finding the Lowe
House to be in unsafe condition and setting forth a compliance schedule. The
8M had vacated his prior order, which had imposed fines in excess of
$300,000.00 to address concerns set forth by Ms. Eads. Dissatisfied with the
compliance schedule, Ms. Eads took the current appeal. CAY staff filed a cross
appeal of the 8M's order vacating the fines. Barbara Eads has also filed a cert.
Petition for review the BOCC's denial of her request to de-designate this
property as an historic structure. That case is being handled by K.
Cabanas.
Status: County prevailed in cert. Case.
Next Activity: Appellant's brief is due.
Time: 2 hours Costs: none
Fuchs, Walburaa v. Monroe County CA K 01-1251
Circuit Court (16th) Judge Vernon Date Filed: 1015101
This is a code enforcement appeal of an 08TD8 case.
Current Status: The County's Answer brief has been drafted and is currently
being revised. The Appellant has consented to an extension.
Next Activity: File brief.
Time: 8 hours Costs: none
Stevenson. MK v. Monroe County CA K 02-257
Circuit Court 16th Judge Payne Filed: 2/26/02
Appeal of a finding that Caribbean Village storage sign was an off premises sign.
Current Status: All brief have been filed. Oral argument has not been
requested.
Next Activity: Court decision.
Time: 27.6 hours Costs: none
CODE ENFORCEMENT FORECLOSURES/COLLECTIONS
Monroe County v. Mario Alfonso CA K 03-1458
Circuit Court (16th) Judge: (none yet) Date Filed: 12/08/03
Code enforcement foreclosure action authorized by the BOCC on 6/18/03.
Current Status: Suit filed.
Next Activity: Defendant respond to notice of commencement of action.
Time: 1.9 hour Costs: $91.00
Monroe County v. Robert Brown & Marie Drisse. CA K 03-1036
Circuit Court (16th) Judge: Payne Date Filed: 9/3/3
Action to foreclosure on the "Stairway to Heaven" authorized 4/03.
Current Status: Both Defendants served a pro se "answer" and what looks to be
a counterclaim.
Next Activity: County's motions set for December 29, 2003.
Time: 6.7 hours Costs: $192.00
Monroe County v. Dirk Damrau CA K 03 (TBA)
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action authorized by the BOCC 6/18/03.
Current Status: Owner working through Fish & Wildlife to get permits.
Next Activity: Status review 1/5/4.
Time: 1.0 hour Costs: none to date
Monroe County v. Daniel & Sylvia Fuller CA P 03 (TBA)
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action that was authorized by the SOCC 6/18/03.
Current Status: Negotiating settlement.
Next Activity: Present offer to SOCC if proposed settlement is reached.
Time: 2.0 hour Costs: none to date
Monroe County v. Daniel Ganim CA P 03 (TBA)
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action that was authorized by the SOCC 6/18/03.
Current Status: Tentative settlement reached.
Next Activity: SOCC to consider settlement on 12/17/03.
Time: 1.2 hour Costs: none to date
Monroe County v. Dan Gleason. SC P 03 - 165
Count Court (16th) Judge: ptomey Date Filed: 8/5/03
Small claims action for a money judgment to collect $520.00 in unpaid code
enforcement fines and costs authorized by the SOCC in April of 2003.
Current Status: Default Judgment entered on 9/11/03 for $1335.92
Next Activity: File final judgment with Oept. of State & begin enforcement
proceedings.
Time: 8.9 hours Costs: $65.92
Monroe County v. Jack Haaopian. CA P 03-529
Circuit Court (16th) Judge: GARCIA Date Filed: 10/1/03
Code enforcement collection action authorized by SOCC on 8/20/03.
Current Status: Owner filed answer and Third Party Complaint against
contractor who failed to pull permits for installation of elevator.
Next Activity: Third Party OF to be served with Third Party complaint.
Time: 1.9 Costs : $20.00.
Monroe County v. Dorothv Houah CA P 03 (TBAl
Circuit Court (16th) Judge: Date Filed:
Code enforcement collection action authorized by SOCC on 9/17/03. As of
9/25/3 lien valued at $25,050.00.
Current Status: Negotiating with owner via her son.
Next Activity: Status review 1/5/4.
Time: .5 Costs : none
Monroe County v. Chris Johnson CA K 03-1173
Circuit Court (16th). Judge: Payne Date Filed: 10/7/03
Code enforcement foreclosure action that was authorized by the SOCC 7/15/03.
Current Status: Defendant's answer filed.
Next Activity: County's Motion for judgment set for 12/30/03.
Time: 1.7 hour Costs: $170.00
Monroe County v. Kev Larao Ocean Resorts CooP. Inc. CA P 96-260
Circuit Court (16th) Judge Garcia Date Filed: 5/20/96
This is an action to foreclose a code enforcement lien.
Current Status: Case has been removed from Court's docket due to
settlement agreement which the SOCC approved on 6/18/03.
Next Activity: Joint status report to Court due 01/01/04.
Time: 30.6 hours Costs: $340.00
Monroe County v. Larao Coin Laundry. Inc. CA P 03(TBA)
Circuit Court (16th) Judge: (none yet) Date Filed:
Action to foreclosure 2 code enforcement liens authorized by the SOCC 4/2003..
Current Status: Owner has offered to settle for $2000.00. CAY has asked for
$5000.00.
Next Activity: Present offer to SOCC at February 2003 meeting.
Time: 2.5 hour Costs: none to date
Monroe County v. Pedro Liz (Bakery) CA K 03 (TBA)
Circuit Court (16th) Judge: Date Filed:
Code enforcement collection action authorized by sacc on 7/1703.
Current Status: Negotiating with owner.
Next Activity: Title search, then file suit if not successful.
Time: 1.0 Costs : none
Monroe County v. Pedro Liz (Trailer) CA K 03 (TBA)
Circuit Court (16th) Judge: Date Filed:
Code enforcement collection action authorized by sacc on 9/17/03. As of
9/25/3 lien valued at $133,300.00.
Current Status: Payment demanded on 9/25/03.
Next Activity: Title search if payment not made.
Time: .5 Costs: none
Monroe County v. Lilv Marks. CA K 03-1152
Circuit Court (16th) Judge: Payne Date Filed: 10/213
Code enforcement collection action authorized by sacc on 8/20/03.
Current Status: Defendant served her answer on County 10/21/03.
Next Activity: Negotiating with owner to permit her to obtain financing for
aSTDS so she can cure violation. If not cured, move for summary judgment.
Time: 1.0 Costs : $20.00
Monroe County v. Arthur Mehr CA K 03 (TBA)
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action that was authorized by the sacc 6/18/03.
Current Status: Negotiating with owner's attorney.
Next Activity: Status review 1/5/4.
Time: 1.2 hour Costs: $150.00
Monroe County v. Armanda Perez, CA K 03- (TBA)
Circuit Court (16th) Judge: (none yet) Date Filed:
Code Enforcement collection action authorized by sacc on 4/18/03. Property
is homesteaded which limits enforcement options to money judgment for fines
accruing after 10/1/00 and/or petition for writ of execution.
Current Status: Property owner working to achieve compliance.
Next Activity: Set for status review on 2/214.
Time: 1.5 hour Costs: none to date
Monroe County v. Ernest Richardson CA K 03 (TBA)
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action that was authorized by the sacc 6/18/03.
Current Status: sacc approved settlement agreement on 11/19/03.
Next Activity: Execute agreement, collect $500.00 fine, close case.
Time: 1.3 hour Costs: none to date
Monroe County v. Safe Harbor Marine Railwav Corp. CA K 03 (TBA)
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action that was authorized by the sacc 6/18/03.
Current Status: Negotiating with owner.
Next Activity: File complaint if no settlement reached.
Time: 1.3 hour Costs: none to date
Monroe County v. Lvle Starr SC K 03 (TBA)
County Court (16th) Judge: Date Filed:
Code enforcement collection action authorized by sacc on 8/20/03.
Current Status: Settled.
Next Activity: Close file.
Time: 1.8 Costs : none
Monroe County v. Eduard Stefani. CA K 03- (TBA}
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action authorized by the sacc 4/18/03.
Current Status: Property in compliance. Negotiating settlement.
Next Activity: File complaint if not settlement reached.
Time: 1.5 hour Costs: $150.00
Monroe County v. Joseph Sutton CA K 03 (TBA)
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action that was authorized by the sacc 6/18/03..
Current Status: Negotiating with owner over compliance before settlement offer.
Next Activity: File complaint if no settlement reached.
Time: 1.3 hour Costs: none
Monroe County v. Dorothv Tinslev nka Matthies CA K 03 (TBA)
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action that was authorized by the sacc 6/18/03.
Current Status: SETTLED.
Next Activity: CLOSE FILE.
Time: 2.5 Costs: none
Monroe County v. Frank Vastano CA M 03-321
Circuit Court (16th) Judge: Jones Date Filed: 11/4/03
Code enforcement foreclosure action authorized by the sacc 4/18/03.
Current Status: Paid full value plus $540 in County's attorney's fees on 12/3/03.
Next Activity: File notice of voluntary dismissal.
Time: 4.5 Costs: none to date
Monroe County v. Gertrude Waters CA M 03 (TBA)
Circuit Court (16th) Judge: Date Filed:
Code enforcement collection action authorized by BaCC on 9/17/03. As of
9/25/3 lien valued at $79,300.00.
Current Status: Negotiating w/ son.
Next Activity: Status review 1/5/4.
Time: .7 Costs : none
Monroe County v. Louis Welters CA K 03 (TBA)
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action that was authorized by the BaCC 7/15/03.
Current Status: Due to concerns of BaCC, I'm researching the requirements for
filing a guardianship petition with the Court before proceeding with foreclosure.
Next Activity: File petition.
Time: 1.0 hour Costs: none
Monroe County v. Darrell Wolfe CA P 04 (TBA
Circuit Court (16th) Judge: Date Filed:
Code enforcement collection action authorized by BaCC on 11/19/03.
Current Statuts: Demand letter sent 12/1/03. Awaiting owner's response.
Next Activity: File suit if no response by 1/1/04.
Time: .5 hours Costs: none
Monroe County v. Gary Yaworski/Anita Fox CA P 03- (TBA)
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action authorized by the BaCC 4/18/03.
Current Status: Settlement discussions with owner.
Next Activity: Compliance inspection, then negotiate settlement.
Time: 1.1 hour Costs: none to date
Code Enforcement Collection Cases
sent to Vernis & Bowling of the Florida Keys, P.A. for collection
Monroe County v. Mary Boza. CA K 03 (TBA)
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action authorized by the sacc on 4/18/03.
Current Status: Referred to outside counsel on 11/3/3 for further work.
Next Activity: File complaint.
Time: 1.0 hour Costs: none to date
Monroe County v. David Cole (Estate) CA K 03 (TBA)
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action that was authorized by the sacc 6/18/03.
Current Status: File sent to outside counsel on 11/3/3 for further work.
Next Activity: File complaint.
Time: 1.0 hour Costs: $150.00
Monroe County v. Alain Y. Depierrefeu. CA K 03-(TBA)
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action authorized by the sacc on 4/18/03.
Current Status: File sent to outside counsel on 11/3/3 to file complaint.
Next Activity: File complaint.
Time: 1.0 hour Costs: $150
Monroe County v. Lawrence Graves. CA K (TBA)
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action authorized by the sacc in April of 2003.
Current Status: File sent to outside counsel on 11/3/3 for further work.
Next Activity: File complaint.
Time: 1.5 hour Costs: $150
Monroe County v. Mary Ellen Llovd. CAM (TBA)
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action authorized by the SDCC 4/18/03.
Current Status: File sent to outside counsel on 11/3/3 for further work.
Next Activity: File complaint.
Time: .5 hour Costs: none to date
Monroe County v. James Messera. et al CA K 03- (TBA)
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action authorized by the SDCC 4/18/03.
Current Status: Sent to outside counsel on 11/3/3 for further work.
Next Activity: File suit.
Time: 1.7 hour Costs: $165.00
Monroe County v. Joe Posada. III CA K 03- (TBA)
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action authorized by the SDCC 4/18/03.
Current Status: File sent to outside counsel on 11/3/3 for further work.
Next Activity: File suit.
Time: 1.8 hour Costs: $150.00
Monroe County v. Virainia Sawyer & Tonv Welters CA K 03 (TBA)
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action that was authorized by the SDCC 7/15/03..
Current Status: File sent to outside counsel on 11/3/3 for foreclosure.
Next Activity: File complaint.
Time: 1.1 hour Costs: $150.00.
Monroe County v. Virainia Sawyer CA K 03 (TBA)
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action that was authorized by the SOCC 7/15/03..
Current Status: File sent to outside counsel on 11/3/3 for foreclosure.
Next Activity: File complaint.
Time: 1.1 hour Costs: $150.00.
This list does not include the routine motions for costs, attorney's fees, and bail
bond forfeiture motions that the County has an interest in by virtue of Article V of
the Florida Constitution.
C"
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 17 , 2003 Division: Growth Management
Bulk Item: Yes No X Department. N/ A
AGENDA ITEM WORDING: Approval of an Agreement for the Built-Out Hawk's Cay
Development of Regional Impact between the Florida Department of Community Affairs,
Monroe County, Hawk's Cay Investors, Ltd., and Hawk's Cay Developers, Ltd., pursuant to
Sections 380.032 and 380.06(15), Florida Statutes.
ITEM BACKGROUND: The Hawk's Cay DRI will expire in January 2004; however, the 18
affordable hotel staff quarters, 14 of which are now under construction, and the two hotel units to
be transferred from Development Corridor 5 to the Commercial area of Hawk's (pending
approval by the Board at the 5:00 p.m. public hearing scheduled on December 17) will not be
completed by the expiration date. This proposed agreement, which is authorized under Section
380.06(15), Florida Statutes, will allow these final elements of the approved to be completed
beyond the expiration date of the DRI. This proposed agreement will be considered by the Board
of County Commissioners immediately following the public hearing to consider proposed
amendments to the Hawk's Cay DRI Development Order and Major Development Approval.
PREVIOUS RELEV ANT BOARD ACTION: Approved latest amendment to DRI/Major
Development Approval on June 19,2002.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION: Approval
TOT AL COST: N/A BUDGETED: Yes No N/A
COST TO COUNTY: N/A SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH N/A YEAR
- -
isk Management X
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included X To follow Not Required __
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DISPOSITION: AGENDA ITEM #: (7L
DEC-10-~~ fOb; AD ~~V&.~."~V~"'KVL. ""'''''''''''..... 1""\",,, A ~... a ...~- ...... .........----..........-
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AGREEMENT FOR THE BUILT -OUT BA WK'S CAY DRI
This Agreement is entered into between the Florida Department of Community Affairs ("the
DCA"). the Monroe County, Florida ("the County"), Hawk's Cay Investors, Ltd. and Hawk's Cay
Developers, Ltd., Florida Limited Partnerships, (hereafter referred to collectively as "the Owners"),
pW'suant to Sections 380.032 and 380.06(15Xg), Florida Statutes (2003).
WHEREAS, the COWlty issued a DR! Development Order for the Hawk's Cay Expansion
Development of Regional Impact ('"the Hawk's Cay DRJ") on December 5.1986, by Resolution 365-
1986, which development order was amended numerous times concluding with Monroe County
Resolutions No. 037-2002 and 266-2002 (Exhibit "'A" hereto) (hereafter referred to collectively as
the "'Hawk's Cay DR! Development Order"); and
WHEREAS, the Hawk's Cay DR! is essentially built-out and the 8mOlmt of development
remaining does not create the likelihood of any additional regional impact not previously reviewed;
and
WHEREAS, the Owners hold legal and equitable title to all lands within the Hawk's Cay
DR! on which additional development is authorized pursuant to the Hawk's Cay DRI Development
Order; and
WHEREAS, the Owners control the remaining development in the Hawk's Cay DR! and
desire to complete the remaining development; and
WHEREAS. the Hawk's Cay DRJ development is in compliance with all applicable terms
and conditions of the Hawk's Cay DRI Development Order except the build-out date, and the
amount of development remaining to be built is less that the substantial deviation thresholds
specified in Section 380.06(19), Florida Statutes; and
WHEREAS, the DCA is the State Land Planning Agency of Florida having the power and
duty to exercise general supervision of the administration and enforcement of Chapter 380, Florida
1
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. . .~- -' -
Statutes, which includes provisions relating to developments of regional impact; and
WHEREAS. the DCA is authorized by Sections 380.032 and 380.06(15), Florida Statutes. to
enter into agreements that establish the tenns and conditions for future development of built-out
developments of regional impact; and
NOW, THEREFORE,
The DCA, the County, and the Owners agree as foHows:
1. The Owners shall be entitled to complete the following development authorized by
the Hawk's Cay DRl Development Order:
a. twO (2) resort residential Wlits No.'s ) and 28, moved from Development
Corridor 5 to be constructed in the commercial area adjacent to Tom's Harbor, as depicted on the
Amended Master Site Plan;
b. 18 affordable hotel staff quarters units, of which units 1-] 4 are under
construction, as depicted on the Amended Master Site Plan.
2. The Hawk's Cay DRl Development Order, as amended, shaH be the sole soW'ce of
terms and conditions Wlder which the development described in paragraph 1 shall be completed. All
pennits and approvals now in effect issued pW'suant to the Hawk's Cay DRJ Development Order, are
hereby ratified and approved.
3. Biennial Reports pW'Suant to Section 380.06{l8), Florida Statutes, shall not be
required after the effective date of this Agreement.
4. In the event of a breach of this Agreement by the Owners, or if the Owners tail to
comply with any condition of this Agreement. or if this Agreement is based upon materially
inaccurate information, the Department may terminate this Agreement or file suit to enforce this
Agreement as provided in Sections 380.06 and 380.1 J, Florida Statutes. Provided. however, that the
Department shall give prior notice to the affected Owner or Owners by certified mail to the addresses
2
--- .. -- ..... -- ..... - .., .. .~_.. .......-...-- ---. - - -
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set out below explaining the action that the Deparbnent intends to take, and tht reasons therefore,
and shaJI allow the Owners a reasonable opportunity to come into compliance before terminating this
Agreement, filing suit, or taking any other action that could prevent the Owners from completing the
development authorized by the Hawk's Cay DRI Development Order.
Notice shall be mailed to:
Don Johnson, President Pritam Singh
Hawk's Cay Investors. Ltd. Villages of Hawk's Cay, Inc.
Hawk's Cay Developers. Ltd. 800 Duck Key Plaza
1827 Quechee Main SO'eet Marathon, Florida 33050
Quechee, VT 05059
Copies to:
Elizabeth C. Bowman, Esquire Raben C. Apgar, Esquire
Hopping Green & Sams, P .A. Sherry A. Spiers, Esquire
P.O. Box: 6526 Law Offices of Roben C. Apgar
Tallahassee, Florida 32314-6526 320 Jolmston Street
Tallahassee, Florida 32303
5. This Agreement affects the rights and obligations of the parties under Chapter 380,
Florida Statutes. It is not intended to detennine or influence the authority or decisions of any other
state or local government or agency in issuance of any other pennits 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.
3
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6. The terms and conditions of this Agreement shall inure to the benefit of and be
binding upon the heirs, personal rcpresentati ves, successors and assigns of the panies hereto. The
Owners shall record a notice of this Agreement in the Public Records of Monroe County. Florida.
and shall provide the Department and the County with a copy of the recorded notice substantially in
the form attached hereto as Exhibit "B", including Book and Page nwnber, within thirty (30) days
after the date of execution of this AgreemenL
7. This Agreement may be executed in one or more COWlterparts, each of which shall be
deemed an original, but all of which shaH together constitute one and the same agreement.
Counterparts orthis Agreement with facsimile signatures shall be deemed original counterparts for
all purposes; however, each party shaJl promptly furnish counterpans 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.
DEPARTMENT OF COMMUNITY AFFAIRS
By
Date Title
STATE OF FLORIDA
COUNTY OF
Sworn to amd subscribed before me this _ day of , 2003, by
(His/Her Name), who is personally known to me or who has
produced as identification and who did take an oath.
Notary Public
My Commission Expires:
4
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MONROE COUNTY, FLORIDA
By
Date
STATE OF FLORIDA
COUNTY OF MONROE
Sworn to and subscribed before me this _ day of , 2003, by
(HisIHer Name), who is personally known to me or who has
produced as identification and who did take an oath.
Notary Public
My Commission Expires:
HAWK'S CAY INVESTORS, LTD..
A Florida Limited rarIDenhip,
Hawk's Cay Development, Inc.,
A Florida Corporation, General Partner
By
Date Donald H. Johnson, President
STATE OF FLORIDA
COUNTY OF
Sworn to and subscribed before me this _ day of , 2003, by
(HisIHer Name). who is personally known to me or who has
produced as identification and who did take an oath.
Notary Public
My Commission Expires:
5
. . .
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HA WKYS CAY DEVEWPERS, LTD.,
A Florida Limited Partaenhip,
Hawk's Cay Developmea4 bH:.,
A Florida Corpontiolll, GeDe...) Parmer
By
Date Donald H. Johnson, President
STATE OF FLORIDA
COUNTY OF
Sworn to and subscribed before me this _ day of , 2003y by
(HisIHer Name), who is personally known to me or who has
produced as identification and who did take an oath.
Notary Public
My Conunission Expires:
MONROE COUNTY ATTORNEY
Qa~~~~
JOHN R. COLLINS
Ottt i~UNTY A'B~MEY
I oG\
6
RESOLUTION NO. 037 -2002
a U)
0::: N -<. A RESOLlITION BY THE BOARD OF COUNTI'
4J
a .. ~ -J
U - <: ~ COM!vfiSSIONERS OF MONROE COUNTY FLORIDA,
-
l..l.J :z:: ::....:>=
0:: ooq -Ju~ APPROVING AMENDMENTS TO THE DEVELOP1vfENT
a: ~c::z OF REGIONAL IMPACT (DRI) DEVELOPMENl
- :::l
a ...:: .:...:10
~ I -J .c..; ORDER, RESOLUTION NO. 365-1986, AND
)-::.::
n a::: =-JLu MODIFICA nONS TO THE MAJOR DEVELOPMENT
w ct: z:u~
;z: APPROVAL FOR TIlE HA WK'S CAY EXPANSION DR!;
~ <: -
...... :::l 0
l.L... <::> PROVIDING FOR AN EFFECTIVE DATE
<=> ~
C".,/
WHEREAS, on December 5, 1986, after a public hearing, the Monroe County Board of
County COmmissioners (Board), adopted Resolution No. 365-1986, a Development Order issued
under Chapter 380, Florida Statutes (F.S.), for a Development ofRegionallm.pact (DRI) known
as the Hawk's Cay Expansion DRl; and
WHEREAS, on September 24, 1986, the Monroe County Zoning Board reconnnended
that the Board approve the amendments to the DRl and Major Development for the Hawk's Cay
Resort; and
WHEREAS, on September 18, 1996; February 23, 1998; and December 8, 1999; the
Momoe County Board of County Commissioners approved amendments to the DR! and Major
Development in Resolution Nos. 335A-1996, 086-1998, 616-1999, and respectively; and
WHEREAS, on October 12, 2001, Hawk's Cay Investors, Limited, and Hawk's Cay
Developers, Limited (hereinafter Applicant), proposed a non-substantial change pursuant to
Section 380.06(19)(e) 2., F.S. to the 1986 DR! Development Order, as amended, by filing a
Notice with Monroe County, the South Florida Regional Planning Council, and the Department
ofCornmunity Affairs in accordance with Section 380.06(19), F.S.; and
'\'HEREAS, the Applicant proposes to revise the DR! master plan for the DRl as approved
to create Corridor 5 which will include an additional 28 hote:l units and 18 new staff units; and
WHEREAS, on October 12, 2001, the Applicant also filed an application for
modifications to the 1986 Major Development (hereinafter modifications), as previously
amended; and
WHEREAS, during the review process, the Monroe County Planning Commission, after
due notice and public participation in the hearing process, reviewed the proposed amendments
and modifications to the DR! and Major Development; and
WHEREAS, on February 6, 2002 the Planning Commission recommended approval of the
proposed changes and modifications to the DRl and Major Development; and
WHEREAS, the Monroe County Board of County Commissioners (Board) is the local
government body having jurisdiction over the review and approval of the DR!, in accordance
with Section 380.06, F.S. (2000); and
Page 1 of 4
mn7m? EXHIBIT "A" " -,' 'I
WHEREAS, the public notice requirements of Monroe County for consideration of the
proposed change have been made; and
WHEREAs, the public was afforded an opportunity to participate in the public hearing and
all parties were afforded the opportunity to present evidence and argument on all issues: and
WHEREAS, the Board has reviewed the above referenced documents, the related
recommendations of the Planning Commission., as well as all related testimony and evidence
submitted by the parties and members of the general public;
NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF
COUNTY COMMJ:SSIONERS, MONROE COUNTY, FLORIDA:
Section 1. The changes proposed by the Applicant in its DR! notification., as modified
hereby, do not constitute a substantial deviation pursuant to Section 380.06(19), F .S.
Section 2.Resolution No. 365-1986. the 1986 DR! Development Order, as previously
amended, for the Hawk's Cay Expansion DRI; shall be further amended as follows:
(New language is underlined: deleted language is striBken through)
Amendments to Resolution No. 365-1986. as amended
l. Substitute revised Master Development Plan dated December 14. 2001 attached hereto for
the June 12.2001 revised Master Development Plan. attached to the Development Order as
Exhibit One and referenced in Condition 1.12.
2. Revise the third "WHEREAS'" clause as follows:
WHEREAS, Hawks Cay Resort when completed will be a hotel type destination resort
consisting of 441 493 hotel suites, conference facilities, retail areas, restaurants, and
recreational facilities on approximately 58.8 acres of land located in unincorporated Monroe
County, Florida on Indies Islands at Duck Key; and
3. And three new "WHEREAS" clauses immediately after the third "WHEREAS" clause as
follows:
WHEREAS. Monroe County has experienced a severe shortaee of affordable housing
and the number of affordable housinl! units that can be built is limited under the Monroe
County Year 2010 Comprehensive Plan: and
WHEREAS. the AooIicant proposes to build eighteen (18) new staff units for use as
affordable housing: and
'\\'HEREAS. the Developer has alITeed to cause Duck Key Wastewater Coooerative.
Inc.. to enter into an agreement providing substantial public benefit by expanding
wastewater treatment facilities to communities otherwise not served. includin$!: Conch Kev.
Walker Key. Duck Kev and Indies Island: and
Page 2 of 4
021?7/n? ... .... .
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4. Revise Condition 1.12 as follows:
The land use approved by this development order shall be on the Master Development Plan
attached hereto as Exhibit 1 for the DR! develooment located at Duck Key. B8~ af fuese
exhibits are This exhibit is incorpom:ted into this Development Order; provided however,
that the Land Use Summary on the Master Development Plan shall control as to the amount
and type of approved development at Duck Key.
5. Revise Condition 9.1a. as follows:
The Applicant may construct a maximum of ~ 22I..guest units consisting of combinations
of no more than ~ 642 bedrooms and 55a.5 654.5 bathrooms at Duck Key. These numbers
exclude the 178 hotel units not subject to DRI review. In addition. there are 18 "affordable
hotel staff quarters" units added DUISuant to the cbam~:es proposed on October 12. 2001.
which the Aoolicant may construct a maximum of three dorm-stYle units with the remaininl!
units built as cotta1!eS COnsiStin2 of no more than 36 bedrooms and 27 bathrooms. For
p\.lIPoses of this develooment order. those "affordable hotel staff quaI1ers" shall be defined
as new rental units that are restricted to (1) a maximum monthly rent of 30 percent of the
median adiusted e:ross annual income for households within Monroe County divided by 12:
and (2) units exclusively housing Hawk's Cay resort staff. Prior to the issuance of any
certificate of occupanCY for anY structure containing the staff auarters. a restrictive
covenant(s) running in favor of and enforceable by Monroe County shall be filed in the
official records of Monroe Counn'. The covenant(s) shall be effective for thirtv (30) years
but shall not commence running until a certificate of occupancy has been issued by the
building official for the staff Quarters units to which the covenant or covenants apolY.
6. Revise Condition 9.1h as follows:
All new guest units constructed shall adhere to one of the architectural styles and one of the
representative floor plans depicted in Attachment G2 to the "Hawk's Cay Expansion Project
Community Impact Statement" updated May 20, 1997, or submitted as Supplemental
Attachment G2 with the Notification of Proposed Change to a Previously Approved DRl for
the Hawk's Cay DRI dated Decem~i' 1997, or submitted as Second Supplemental
Attachment G2 with the Notification of Proposed Chanl!e to a Previouslv Approved DR! for
the Hawks Cay DR! dated November 27.2001.
7. Revise Condition 12 by deleting all existing language, except for the last sentence and
replacing it with the following:
Wastewater Treatment Facility. Within ninety days from the effective date of the adoption
of this Resolution. the Applicant shall cause Duck Key Wastewater Cooperative. Inc.. to
enter such agreement(s) with the Board of County Commissioners and/or the Florida Keys
Aaueduct Authority ("the Ag:reement(s)") as may be needed to upgrade the Duck Key
Wastewater Treatment Facility and extend Advanced Wastewater Treatment to the
communities of Conch Key. Walker Kev. Duck Key and Indies Island. Provided. however.
this Develooment Order shall remain in fun force and effect if the parties have not entered
into such an am-cement wjthin ninetv days so long as the Applicant is using best efforts to
Page 3 of 4
... ... .
conclude an above-described agreement as cxpeditiouslv as possible. No building oermit for
the additional hotel units authorized hereby may be issued until the Agreement has been
duly executed and either work has commenced thereunder or such Derformance and oavrnent
bonds have been llrovided as required by the Aereement(s).
8. Add new Special Conditions in Section 13 as follows:
The Applicant and all successors in interest shall hereby relinauish any and all rifrltts to seek
vesti.nf! or any other means to reclaim units contemnlated bv the original Development of
Regional Imnact (DRI)' This DR! amendment shall constitute the final and maximum
number of units. which mav exist pursuant to this DR!.
Section 3. The Major Development modifications, including the revised Master
Development Plan dated December 14, 2001, as proposed by the Applicant on October 12,2001,
are also approved.
Section 4. Those provisions of the DR! Development Order, Resolution No. 365-1986, as
amended, and the Major Development approval, as amended, which are not further amended by
this Resolution shall remain in full force and effect.
Section S.A certified copy of this Resolution, with all exhibits, shall be furnished by the
County by certified mail, return receipt requested., to the Applicant, the South Florida Regional
Planning Council, and the Florida Department of Community Affairs within 10 days of its
adoption by the Board.
Section 6. The Applicant shall record a notice of this Resolution pursuant to Section
380.06(15), F.S. (2000).
Section 7. This Resolution shall take e~ect upon its adoption.
PASSED A1\"'D ADOPTED by the Board of County Commissioners of Monroe County,
Florida., at a regular meeting held on the 12lh day of February, 2002.
Mayor Charles ..Sonny" McCoy yes
Mayor Pro Tern Dixie Spehar yes
Commissioner Murray Nelson absent
Commissioner George Neugent . yes
Commissioner Nora Williams yes
BOARD OF COUNTY SSIONERS OF
A r..:a , y Kolhage. Clerlc MONROE COUNTY, A
ByJAn/~C~ 1l\t{U~ By:
Deputy Clerk / Mayor/Chauperson.~ ..
gy Page 4 of 4
I
NOTICE OF-ADOPTlONOF" AN. AMENDMENT TO -THE DEVELOPMENT ORDER ~ .3
FOIl mE HAWIC.'S.CAY ~ ~
DEVEl.O-PMENT Op.R-EGlONAL-lMYACT 't ~ g
~
t-.~
PLEASE TAKE NonCE that an Am~dment to the DevcJol'mcnt Order for the Hawk's :0 g
t"J%
.:"".l .....
Cay Development of Re:ional Impact, more par1lcularly described in the lecal description in ~ .<
O.
CIl
Exhibit A attached hereto, was approved February 23, 1998, by the Monroe County Board of
County Commissioners, pursuant to Section 380.06, Florida Statutes. The amendrpcot to the ';xl ...,.
;o;o-j
-c-
development order may be examined in theo.ffice,ofthe~onroe.CountY'PlanniRg-~epartment.. f-' tI1
tntc
2198 Overseas Highway, Suite 400, Marathon.. Florl~ 33.050.... T-be- amendm,Cllt to the: ~ .~.
:' OJ
devolopment order. con~ti.tu~,a..landdevclnDment regulatioaapplitable.to.the. f.and~ribed in U1
-r ''''0 C\
Exhibit.A..her.cto..... 1'hi$~notice.does.not- constitute.a..lien~...cload'.orc:ncumbrance oll.the land. or. ~ ~
~W
constructive noticeof-any"suctt lien, cloud-or cncum:btance.. r-J.!-L-.
oJ
H:A:wrs: CATD!o/ELOPERS.. LID;
a Florida Limited Partnership c '.:0
>n..
Zt:1
By: Hawk's CaY. Deve1opm~, Inc. -< ;)0
A. Fbich.:Corporation; G=1eral Pannex- c-- ~
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Witness: 13-y; "... .J-/. , ---... . g 0:=
Dan.al<tlCJohnson., President ~_~.
150 .East sample Road-Su\ite 200 ~ ~
Witness: Pompano-Beach., PI. 33064-3592 '
.:") .::s;.
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STATE- OF-FLOIUDA ~ .J
COUNTYOE~r()i;f.}r-..,d- ~
The foregoing instrument was acknowled.gl:d before me this ~ day of
~br.'J ......f . I99g~ by- [)~,~;"'d.#. ,-J.l~""h\ Iv ofHawr's cay Developers. Ltd..
~ Florida limited partnership, on behalf of the partnership_..g.e. is,.per~y known to me.or
has produced. as identifiCation and .did (did not) take an oath.
. "-'. ~L.H~ ~/$f-:.dwP--
~~~i AIr COIoIMISSIOfI' rll 5&1378 Notary Pu~1t~ ... .
. <. ElltJU:.~2.=-.. - f\:f"li Cl:unmlSSUJn.Exnnp~~.
. " a.n.N1lwJilllltr~LlMM~ ."T r--'
R(CE'VED~lf"fr) ~~n
SENT TO KE'1' W.E.SJ FOR RECORDING .
. .
HAWK~S:CO"\INVESTO~ LTD.
a Florida. Umitcd Partnership
By: Hawk's Cay Management, Inc. ~
AFbida. COqJoratiorr~. eta! Partner
--- Dr"
- By~ . . ." --."..-
Don . Johnson, President CD...,
:><: t'-4
ISG- East. Sample Road;.s:-~te200 -t""
~ t!J.
Pompano Beach, FL 33064-3592 01-
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(Do.
STATE OF FLORIDA ." ."
COUNfY. OF- &,Ji,.Jr-r'd- . ~.J
.. ~W
..
The foregoing. mwument- wai:.. adJlowledt;:d~ before- I1le' this- ~ day of tvf-l
~r(JL1 t'j .1998, by ~l;JA J./.. ......1/.>An..:,;"-' . ofHawk's Cay Investors, Ltd., CD
:a. Florida :limited partnership, on behalf of me.. partnership. . .Re .is: personal1y--hawn to me or t
has produceda5 identification and did (did not) take in oath.
tf~" SU$VI L HSJ.i.S t 1,-..,.;I.d/~
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RESOLUTION NO. 266 - 2002
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLOR!DA,
APPROVING AMENDMENTS TO TIIE DEVELOPMENT
OF REGIONAL IMP ACT (DR!) DEVELOPMENT
ORDER, RESOLUTION NO. 365-1986, AND
MODIFICATIONS TO THE MAJOR DEVELOPMENT
APPROVAL FOR THE HAWK'S CAY EXPANSION DR!;
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, on December 5, 1986, after a public hearing, the Monroe County Board of
County Commissioners (Board), adopted Resolution No. 365-1986, a Development Order issued
under Chapter 380, Florida Statutes (F.S.), for a Development of Regional Impact (DR!) known
as the Hawk's Cay Expansion DR!; and
WHEREAS, on September 24, 1986, the Monroe County Zoning Board recommended that
the Board approve the amendments to the DR! and Major Development for the Hawk's Cay
Resort; and
WHEREAS, on September 18, 1996; February 23, 1998; December 8, 1999; September 19,
2001; and February 12, 2002, the Monroe County Board of County Commissioners approved
amendments to the DR! and Major Development in Resolution Nos. 335A-1996, 086-1998, 616-
1999, and 354-2001, and 037-2002, respectively; and
WHEREAS, on May 2, 2002, Hawk's Cay Investors, Limited, and Hawk's Cay Developers,
Limited (hereinafter Applicant), proposed a non-substantial change pursuant to Section
380.06(19)(e) 2., F.S. to the 1986 DR! Development Order, as amended, by filing a Notice with
Monroe County, the South Florida Regional Planning Council, and the Department of
Community Affairs in accordance with Section 380.06(19), F.S.; and
WHEREAS, the Applicant proposes to revise the DR! Development Order to implement a
settlement agreement in an appeal of Monroe County Resolution 037-2002 taken by the Florida
Department of Community Affairs by imposing new conditions on the development of 46
additional units authorized in that Resolution; and
WHEREAS, the Monroe County Board of County Commissioners (Board) is the local
government body having jurisdiction over the review and approval of the DR!, in accordance
with Section 380.06, F.S. (2001); and
WHEREAS, the public notice requirements of Monroe County for consideration of the
proposed change have been made; and
Page 1 of3
07/01/02 Initials
-
WHEREAS, the public was afforded an opportunity to participate in the public hearing and
all parties were afforded the opportunity to present evidence and argument on all issues: and
WHEREAS, the Board has reviewed the above referenced documents, as well as all related
testimony and evidence submitted by the parties and members of the general public;
NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA:
Section 1. The changes proposed by the Applicant in the DRl Notice dated May 2, 2002,
do not constitute a substantial deviation pursuant to Section 380.06(19), F.S.
Section 2. Resolution No. 365-1986, the 1986 DRl Development Order, as previously
amended, for the Hawk's Cay Expansion DRl, shall be further amended as follows:
1. Further Revise Condition 9.1 a. as follows:
The Applicant may construct a maximum of 297 guest units consisting of combinations of
no more than 614 bedrooms and 626.5 bathrooms at Duck Key. The Applicant agrees that
the 28 additional market rate units approved in Resolutions 037-2002 adopted February 12,
2002 shall each contain two (2) bedrooms and two and a half (2 Y2) bathrooms. The 18
affordable hotel staff quarters shall consist of 12 units each with 2 bedrooms and 1 Y2 baths;
3 units each with 2 bedrooms and 2 baths; and 3 units each with 2 bedrooms and 1 bath.
The Applicant further agrees that the 28 additional market rate units and the 18 affordable
hotel staff quarters described below shall be subject 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 building permits for the 28 market rate units and for the 18
affordable hotel staff units only at such time as the Applicant receives a Rate of Growth
Ordinance (ROGO) allocation under the permit allocation system or the Applicant acquires
and extinguishes 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 the Monroe County Comprehensive Plan andlor Monroe
County Code is amended to provide authorization. If the site of the acquired units is within
a separate municipality, that municipal government must, by resolution, approve the
extinguishments and acknowledge that any new units on the site of the acquired units must
receive a ROGO award.
2. Further Revise Condition 9.1h as follows:
The Second Supplemental Attachment G2 is modified to conform to the reduction of
bedrooms and bathrooms specified in condition 9.1a.
Page 2 of3
07/01/02 Initials -
Section 2. Those provisions of the DRI Development Order, Resolution No. 365-1986, as
amended, and the Major Development approval, as amended, which are not further amended by
this Resolution shall remain in full force and effect.
Section 3. A certified copy of this Resolution, with all exhibits, shall be furnished by the
County by certified mail, return receipt requested, to the Applicant, the South Florida Regional
Planning Council, and the Florida Department of Community Affairs within 10 days of its
adoption by the Board.
Section 4. The Applicant shall record a notice of this Resolution pursuant to Section
380.06(15), F.S. (2000).
Section 5. This Resolution shall take effect upon its adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 19th day of June 2002.
Mayor Charles "Sonny" McCoy yes
Mayor Pro Tern Dixie Spehar no
Commissioner Murray Nelson yes
c - Commissioner George Neugent yu
~ N t5 ~ Commissioner Bert Jimenez yes
u (T\ <...,.:Ll..
W x: :%: Co) >=
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cr <::>'z
~o::
g; 0 . .<35 BOARD OF COUNTY COMMISSIONERS OF
~I.I... _~7-.; :~:5~ MONROECOUNT FLORIDA
~'-~ ; .~~<::>
,,>' .:' A .......~:' .:-i
;,:/~) \.<'"I~' ~ --0 By'
iI, . /0 ~.:t: .
.:i''''I-~'j'' ~ ~:: ': ~,: Mayor Ch Ie "Sonny" McCoy
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~ I .', . -- i:: -:J.:
,"-,t" ~b.
\.~~. :~"': ~;.t.,r~'r:! '/Dann)' Kolhage, Clerk
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Page 3 of3
07/01/02 Initials
--- - --- --~--- --- "_._.._--~._-,--------.-.-
NOTICE OF ADOPTION OF A CHAPTER 380 BUILT-OUT
AGREEMENT FOR THE DEVELOPMENT OF REGIONAL IMPACT
DEVELOPMENT ORDER FOR HAWK'S CAY
Notice is hereby given that on December ,2003, the Board of County Commissioners
of Monroe County and the Florida Department of Community Affairs executed a Chapter 380 Built-
Out Agreement for the Hawk's Cay Expansion Development of Regional Impact. The original
Development Order was adopted by Resolution No. 365-1986 on December 5,1986. Modifications
or amendments to the originally approved DR! were adopted through Resolution Nos. 335A-1996
On September 18,1996,086-1998 on February 23, 1998,616-1999 on December 8,1999,354-2001
on September 19,2001,037-2002 adopted February 12, 2002, and 266-2002 on June 19,2002. A
legal description of the property that is subject to the Development Order is attached hereto as
Exhibit "A." Said Development Order is on file with, and may be examined at, the Monroe County
Growth Management Division, 2798 Overseas Highway, Suite 400, Marathon, Florida 33050-2227.
Said Development Order constitutes a land development regulation applicable to the property.
Pursuant to Section 380.06(15)(f), Florida Statutes (1999), the recording of this notice shall not
constitute a lien, cloud, or encumbrance on real property, or actual or constructive notice of any such
lien, cloud, or encumbrance.
HA WJ('S CAY INVESTORS, LTD.,
A Florida Limited Partnership,
Hawk's Cay Development, Inc.,
A Florida Corporation, General Partner
By
Date Donald H. Johnson, President
STATE OF FLORIDA
COUNTY OF
Sworn to and subscribed before me this day of , 2003, by
(His/Her Name), who is personally known to me or who has
produced as identification and who did take an oath.
Notary Public
My Commission Expires:
EXHIBIT liB II
HA WJ('S CAY DEVELOPERS, LTD.,
A Florida Limited Partnership,
Hawk's Cay Development, Inc.,
A Florida Corporation, General Partner
By
Date Donald H. Johnson, President
STATE OF FLORIDA
COUNTY OF
Sworn to and subscribed before me this _ day of ,2003, by _
(HisiHer Name), who is personally known to me or who has produced
as identification and who did take an oath.
Notary Public
My Commission Expires:
2