Resolution 125-1995Planning Department
RESOLUTION NO. 125-1995
A RESOLUTION APPROVING A JOINT STIPULATED
SETTLEMENT AGREEMENT BETWEEN SHARK KEY
DEVELOPMENT CORP., THE DEPARTMENT OF
COMMUNITY AFFAIRS, AND MONROE COUNTY;
AUTHORIZING THE MAYOR TO EXECUTE THE
SETTLEMENT AGREEMENT
WHEREAS, Shark Key Development Corp., Monroe County, and the
Department of Community Affairs reached a Stipulated Settlement
Agreement on July 1, 1992 and anticipated that the Stipulated
Settlement Agreement would be formalized in a subsequent develop-
ment agreement; and
WHEREAS, pursuant to joint motion of the parties, the Circuit
Court has entered an order on June 7, 1993, staying all proceed-
ings until the Florida Dept. of Community Affairs (DCA) finds the
Monroe. County Comprehensive Plan, transmitted in 1992, in compli-
ance, and a Development Agreement is executed between the State
and Monroe County, and
WHEREAS, as of this date, DCA has not approved the Monroe
County Comprehensive Plan; and
WHEREAS, Florida case law now authorizes a governmental body
to enter into a judicially approved settlement agreement that may
exceed the limitations of statutes and ordinances which the gov-
ernmental body would otherwise apply, see Abramson v. the F19ri-
da Psychological Association, 634 So. 2d 610(Fla .::199g; uer
v. Board of Trustees, 19 Fla. L. Weekly D872 (F16-. 1st DCA Anril
18, 1994); and �-
WHEREAS, the Stipulated Settlement Agreement betwe8;fi Plain-
tiffs and Monroe County was entered into in good, faith, without
suggestion of collusion, and the Agreement does :not .thx atepythe
health, safety, welfare or morals of the citizens of " Monaoe e2l-un-
ty; NOW THEREFORE A ;�
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA THAT:
Section 1. The Mayor of Monroe County, Florida is hereby
authorized to execute the Stipulated Settlement Agreement between
the parties in Case No. 91-806-CA-18 of the Circuit Court of the
16th Judicial Circuit, Monroe County, FL, as presented to the
Board on this 18th day of April, 1995.
Section 2. The terms of this Agreement shall become effec-
tive upon rendition of a final judgment in the Circuit Court of
the Sixteenth Judicial Circuit incorporating the terms of this
Agreement.
The Clerk of the Board is hereby directed to forward one (1)
certified copy of this Resolution to the Division of Growth
Management.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 18th day of April, A.D., 1995.
Mayor Freeman
yes
Mayor Pro Tem London
yes
Commissioner Douglass
not present
Commissioner Harvey
yes
Commissioner Reich
yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
B
Y
MAYOR/C IRMAN
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BY:
DEPUtIf CLlift
X
IN THE CIRCUIT COURT OF THE 16TH
JUDICIAL CIRCUIT, IN AND FOR
MONROE COUNTY, FLORIDA
CASE NO. 91-806-CA-18
ASSIGNED TO: Sandra Taylor
SHARK KEY DEVELOPMENT CORPORATION,
a Florida corporation, MICHELLE
KEEVAN HALPERN, ANN KEEVAN FINCH,
and PATRICK KEEVAN,
Plaintiffs,
V.
MONROE COUNTY, a political
subdivision of the State of Florida,
and STATE OF FLORIDA DEPARTMENT
OF COMMUNITY AFFAIRS, an agency
of the state of Florida,
Defendants.
JOINT STIPULATED SETTLEMENT AGREEMENT
WHEREAS, SHARK KEY DEVELOPMENT CORP., MONROE COUNTY, and the
DEPARTMENT OF COMMUNITY AFFAIRS reached a Stipulated Agreement on July 1, 1992
and anticipated the Stipulated Agreement would be formalized in a development agreement.
WHEREAS, pursuant to joint motion of the parties, the Circuit Court entered an order
on June 7, 1993, staying all proceedings until the Florida Department of Community Affairs
finds the Monroe County Comprehensive Plan, transmitted in 1992, in compliance, and a
Development Agreement is executed between the Plaintiffs and Monroe County.
WHEREAS, as of this date, approval of the Monroe County Comprehensive Plan has not
yet occurred;
WHEREAS, Florida case law now permits a governmental body to enter into a judicially
approved settlement agreement that may exceed the limitations of statutes and ordinances which
the governmental body would otherwise apply, see Abramson v. The Florida Psychological_
Association, 634 So. 2d 610(Fla. 1994); Kruer v. Board of Trustees, 19 Fla. L. Weekly D872
(Fla. lst DCA April 18, 1994);
WHEREAS, the Stipulated Agreement between the Plaintiffs and Monroe County was
entered into in good faith, there was no suggestion of collusion, and the Agreement does not
threaten the health or safety of the citizens of Florida;
NOW, THEREFORE, the parties hereto, by and through undersigned counsel, having
amicably resolved the dispute herein, do hereby stipulate to entry of a final judgment
incorporating the following terms:
1. The terms of this Agreement shall become effective upon rendition of a final
judgment in the Circuit Court of the Sixteenth Judicial Circuit incorporating the terms of this
Agreement-
2. Each party shall bear its own costs and attorney's fees.
3. The legal description of the land subject to this Agreement is attached as Exhibit
"A" the land is hereafter referred to as Shark Key, and the name of the owner of this land is
Shark Key Development Corporation.
4. The development uses permitted on the land are single-family residential and
associated recreational amenities at a building height as permitted by the PUD approval granted
by Monroe County, Florida. Although a total of seventy-four (74) total single-family residential
units were previously platted on the land, this Agreement only addresses the remaining unsold
2
residential units were previously platted on the land, this Agreement only addresses the
remaining unsold lots as identified on Exhibit "A".
5. Public facilities currently available to service the development include:
a. Domestic water by the Florida Keys Aqueduct Authority; and
b. Electric by City Electric.
6. The proposed development is consistent with Monroe County's Comprehensive
plan and land development regulations. Specifically, this Agreement will not have an adverse
impact on Monroe County's residential dwelling unit allocation ordinance.
7. The following conditions have been determined by the local government to be
necessary for public health, safety, and welfare of its citizens:
a. The developers have previously agreed to reduce the community impacts
of the development from a one hundred and twenty-eight (128) unit multi -family development
with an associated three hundred (300) seat restaurant, plus commercial facilities, to the present
seventy-four (74) unit single-family development;
b. The visual impact of the development has also been reduced from four (4)
story condominium buildings and a one hundred and thirty-seven (137) foot high lighthouse to
low rise single-family homes situated among palms and lagoons;
C. The low rise nature of the single-family homes on the land as well as the
abundant open spaces facilitate fire protection and require no special fire department equipment;
d. There are no tropical hammock communities present on the land, and all
environmentally sensitive areas on the land have been, and will be, retained in their natural state;
e. There are no threatened or endangered species on the land;
3
f. The developers have enhanced the natural habitat areas on the land through
the introduction of lagoons, shoreline stabilization, and vegetation improvements;
g. The developers have installed all new xeriscaped vegetation on the land,
in addition to extensive landscaping offsite along adjacent Route 1, all of the developers'
expense;
h. The developers have installed offsite improvements to the entrance road
and turning lanes leading to the development.
i. The developers have installed extensive recreational areas and amenities
necessary for the residents of the development all ofsite, and
j. The developers have installed, at their expense, an extensive community
center on the land and made it available for public use.
8. The Amended Agreed Order of the Circuit Court dated June 7, 1993, granting the
parties' Joint Motion to Stay, provided that upon application by the Plaintiffs, Monroe County
was to issue one (1) single-family residential building permit per quarter (three (3) months) to
the Plaintiffs for the property known as Shark Key, for two (2) years, beginning on January 1,
1992, or until the stay was concluded, whichever occurred first. Pursuant to that Order, only
three (3) permits have been issued out of eleven (11) quarters. The Plaintiffs have accumulated
a total of eight (8) unused allocations during the stay. The eight (8) unused allocations may be
used at any time prior to the termination of this Agreement for any lot shown on Exhibit "A".
9. Beginning with the date of the Stipulated Final Judgment approving this
Agreement, and continuing for ten (10) years thereafter, the developer or its successors or
assigns shall be entitled to the following:
4
a. One (1) additional building permit allocation per quarter for any lot listed
on Exhibit "A", for a total of four (4) building permits per year plus any additional unused
allocations. The developer or its successors or assigns shall be entitled to use the accumulated
building permits at any time during the term of this Agreement.
b. The building permits granted hereunder are cumulative and any building
permits not used for a given period of time may be used at any time prior to the termination of
this Agreement. This Agreement shall terminate ten (10) years after the date of the Stipulated
Final Judgment. Thereafter, the developer or its successors or assigns shall be entitled to
permits as the law allows.
10. At the time of building permit application, the applicant shall comply with all
regulations then in effect including, without limitation, all building codes and impact fee
regulations; however, no such regulations shall be construed to alter the rate of development
indicated above in paragraph 9.
11. Monroe County shall set aside the number of allocated building permits from any
residential dwelling unit allocation then in effect. Any unused building permits shall accumulate
until this Agreement terminates.
12. The plat attached as Exhibit "B" represents the previously approved plat of
subdivision for the subject land. The remaining undeveloped lots are entitled to a building
permit pursuant to this Agreement are set out in the legal description attached as Exhibit "A".
13. This Agreement shall not be construed as creating vested rights, nor shall it be
construed to abrogate any rights that may vest pursuant to common law.
14. The failure of this Agreement to address a particular permit, condition, term, or
5
restriction shall not relieve the developer of the necessity of complying with the state or federal
law or Monroe County ordinances governing said permitting requirements, conditions, term, or
restriction. Provided that said Monroe County ordinances do not alter the rate of development
indicated above in paragraph 9.
15. All building permits issued pursuant to this Agreement shall not be limited by any
Monroe County rate of growth ordinances effective now or in the future.
16. This Agreement is binding on all parties, their successors or assigns, and may not
be modified except in writing and executed by all of the parties thereto.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY
By: OL FAtv"&KO
Shirley reeman, M or
DATE: Apr i l � q!5�
Attest: Danny L. Kohlage, Clerk
Date:nr,�
2
SHARK KEY DEVELOPMENT CORP.
�0
DEPARTMENT OF COMMUNITY AFFAIRS
STATE OF FLORIDA
By:
LINDA LOOMIS SHELLEY, Secretary
Date:
7
DAN R. STENGLE, ESQUIRE
General Counsel
Department of Community
Affairs
2740 Centerview Drive
Tallahassee, FL 32399-2100
(904) 488-0410
_.X;11:
Legal Description of Shark Key Property
Lots 1, 2, 3, 4, 5, and 6 of Block 2; Lots 1, 4, 8, 9, 10, 11 and 15 of Block 3;
Lots 1, 2, 4, 6, 10, 11, 12, 13, 19, 20, 21, 22, 26, 27, 28 of Block 4; and Lots
5, 9, 10 and 16 of Block 5 of the SHARK KEY SUBDIVISION as recorded in
the Amended and revised Plat of Shark Key, Plat book 7, page 49, as recorded
in the Public Records of Monroe County, Florida.
TOTAL:
Block 2:
6
Block 3:
7
Block 4:
15
Block 5:
4
Total Lots: X_
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