Resolution 045-1994
Monroe County Commission
RESOLUTION NO. 045 -1994
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO
EXECUTE A SETTLEMENT AGREEMENT BETWEEN FLORENTINO
GONZALEZ AND MONROE COUNTY CONCERNING SETTLEMENT OF
MONROE COUNTY CIRCUIT COURT CASE NO. 88-1116-CA-18.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Mayor is hereby authorized to
execute a Settlement Agreement between Florentino Gonzalez and
Monroe County, a copy of which is attached hereto and made a part
hereof, concerning settlement of Monroe County Circuit Court Case
No. 88-1116-CA-18.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of the Board held on
the 15th
day of
Februarv
, 1994.
Mayor London yes
Mayor Pro Tern Cheal yes
Commissioner Freeman yes
Commissioner Harvey yes
Commissioner Reich yes
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BY~ut~C~?~
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BOARD OF COUNTY COMMISSIONERS
OF MON COUNTY, FLORIDA
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AGREEMENT AND RESOLUTION
This .Aqreement is entered into by Florentino Gonzalez and
Monroe County, a political subdivision of the state of Florida.
I.- RECITATIONS
This Agreement is based upon the following statements of
fact and of law.
1. Florentino Gonzalez is the record owner of Lot 1-W,
Cook's Island, ("Lot 1-W") Monroe County, FL.
Lot 1-W was re-
zoned from GU to RU-1 (single-family residential) prior to
september 15, 1986, by the Board of Commissioners of Monroe
County, FL.
2. On September 15, 1986, Monroe County re-zoned Lot 1-W,
Cook's Island, to "Offshore Island." The land development regu-
lations that became effective September 15, 1986, rendered Lot 1-
W unbuildable.
3. Florentino Gonzalez commenced an inverse condemnation
action in Circuit Court, styled Gonzalez v. Monroe County, Case
No. 88-1116-CA-18, on December 27, 1988, and a Partial Final
Judgment was entered for Plaintiff Gonzalez on September 6, 1991.
This judgment was affirmed by the Florida Third District Court of
Appeal (Monroe County v. Gonzalez, 593 So. 2d 1143 (Fla. 3rd DCA
1992) .
4. On remand, Monroe County informed the Court that it
would allow Plaintiff to construct a single-family home on Lot
1-W. The case is still pending before the Circuit Court for a
jury determination of damages for a temporary taking, and for the
award of costs and attorneys' fees by the court.
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5. Plaintiff Florentino Gonzalez does not wish to build a
residence on Lot 1-W at this time, having experienced a number of
changes in,his circumstances since 1986, and Monroe County does
not wish to continue accruing attorneys' fees and costs indefi-
nitely.
WHEREAS the parties are desirous of settling Case No. 88-
1116-CA-18, and the Board of Commissioners of Monroe County,
Florida, has adopted by an affirmative vote of a majority
thereof, Resolution No.
at its duly-noticed regular meet-
ing on Feb. 15 , 1994, agreeing to the following terms and condi-
tions --
It is hereby agreed as follows:
II. TERMS AND CONDITIONS
Based upon the recitations above, the parties agree as
follows:
1.
Payment, Acceptance and Release.
Monroe County agrees
to pay, and Plaintiff agrees to accept, $75,000.00 in full
settlement of Plaintiff's damages, interest, attorneys' fees, and
taxable costs, through the date of this Agreement, in Case No.
88-1116-CA-18. The parties further acknowledge and represent to
each other that upon payment of the amount set forth above, any
and all claims, actions, and controversies between the parties
pertaining to Lot 1-W Cook Island, from the beginning of time to
the date of this Agreement, have been settled and resolved. This
Agreement however is not intended to settle or resolve claims
Gonzalez - Monroe County Settlement Agreement: Page 2 of 5
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which may arise in the future should Monroe County render Lot l-W
unbuildable.
2.
Lot 1-W Buildable for 10 Years.
Monroe County stipu-
lates that Plaintiff's lot, described as Lot l-W, unrecorded plat
of Cook's Island, formerly zoned RU-l is buildable, and the owner
of that lot may apply for, and shall receive, a building permit
for a single-family residence, until ten years after the
effective date of the Court's order entered on this settlement.
3. Regulations Governing Construction. For the purposes of
permitting review, any single-family residence built on Lot l-W
shall conform to the bulk and open space regulations of the pre-
September 15, 1986, land development regulations for RU-l zoning,
but shall not exceed 35' in height (as measured from average
grade, S 9.5-4(H-3), MCC).
Neither the code provisions held to
be a "taking," as applied, to Plaintiff's property (~~ 9.5-262
and 343, MCC) , nor any other provisions of the Monroe County land
development regulations, shall be applied in a manner that
adversely affects the ability to build such a residence.
4. Department of Community Affairs. Plaintiff will negoti-
ate separately with the Department of Community Affairs, and
Monroe County agrees to use its good offices to encourage the
Department of Community Affairs to enter into a similar agreement
with Plaintiff.
5.
Final Judgment to Incorporate Settlement.
The parties
shall file a joint motion in Case No. 88-1l16-CA-18, asking the
Court to enter a Final Judgment incorporating this Agreement.
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6.
Successors and assigns.
This Agreement runs with the
land, shall inure to the benefit of and be binding on the succes-
sors and assigns of the parties.
7. Effective date. The effective date of this Agreement is
that date when it is signed by the last person who signs below.
8. Enforcement. This Agreement may be enforced by bringing
an action in Circuit Court.
In any litigation arising out of
this Agreement, the prevailing party shall be entitled to all
damages, costs, and attorneys' fees incurred in such litigation.
9. Recording. This Agreement shall be recorded in the Pub-
lic Records of Monroe County.
In witness Whereof, the parties have duly executed this
Agreement and agreed to be bound by its terms.
Signed, Sealed, and Acknowledged
this _ day of ,
1994, at Monroe County, Florida.
Florentino Gonzalez
STATE OF FLORIDA
COUNTY OF MONROE
I Certify that on this day before me, a Notary Public
authorized by the State of Florida to take oaths and acknowledg-
ments, personally appeared Florentino Gonzalez, known to me, who
executed the foregoing Agreement.
witness my hand and official seal in Monroe County, Florida
this day of , 1994.
NOT A R Y
PUBLIC
My commission expires:
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Signed and Acknowledged this 15th
day of Feb , 1994 at Monroe
County, Florida.
by: JACK LONDON, Chairman, Board
of Commissioners, Monroe County,
state of Florida.
Attested to and Sealed:
by: Danny Kolhage, Clerk
APPROVED AS TO FORM
AND ~ 'UFFI IENCY.
ny. }")
Anorn~Y.!I OfficfiI
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