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Resolution 159-1994'94 MAY 31 P 1 :1 7 ;; Planning Department MONRO' `' r + RESOLUTION NO. 159-1994 A RESOLUTION OF THE MONROE COUNTY BOARD OF COMMISSIONERS AUTHORIZING THE MAYOR TO EXECUTE, ON BEHALF OF MONROE COUNTY, AN AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, MONROE COUNTY, PETER VILA AND MARTA VILA CONCERNING LOT 24, BLOCK C, WHITE MARLIN BEACH SUBDIVISION, LOWER MATECUMBE KEY, APPROXIMATE MILE MARKER 74.5 WHEREAS, Peter and Marta Vila (herein "the Vilas") are the owners of real property described as: Lot 24, Block C, White Marlin Subdivision, Lower Matecumbe Key, Monroe County, Florida (herein "the subject property"); and WHEREAS, on November 30, 1993, Monroe County issued the Vilas building permit No. 9330011700 for the construction of a 70' by 10' concrete dock, davits, a 70' retaining wall, pilings, a chickee but and deck along the shoreline of the subject property; and WHEREAS, the Florida Department of Community Affairs (herein "DCA") appealed the building permit in a timely manner to the Florida Land and Water Adjudicatory Commission, alleging that the subject permit did not comply with applicable provisions of the Monroe County Land Development Regulations; and WHEREAS, the DCA and the Vilas wish to avoid the expense and uncertainty of litigation and resolve the pending appeal; and WHEREAS, the DCA and the Vilas wish to make Monroe County a party to the agreement; and WHEREAS, the parties agree to the following: 1. The Vilas have prepared revised plans consisting of three pages: Site Plan, Section 'B', showing a typical section at davit base and Section D, showing a section of the pilings, concrete slab, retaining wall and rip -rap, said revised plans are attached to the Settlement Agreement as 'Exhibit A' and incorporated here- in. 2. The revised plans entail the following modifications to the plans approved by Monroe County under building permit No. 9330011700: - Reduction in the length of the dock from 70 feet to 56 feet, leaving 14 feet of the shoreline mangroves intact adjacent to the dock. - Elimination of the seawall and the substitution of rip -rap, re- taining wall, upper dock and fill landward of Mean High Water. - Elimination of the chickee but and the slab surrounding the chickee hut. - Elimination of the walkway and stairs from the residence to the lower dock as shown in building permit No. 9330011700. - A walkway and stairs of no more than four (4) feet in width may be constructed from the residence to the lower dock if requested by the Vilas. 3. the fringing mangroves remaining after development of the dock shall be preserved and maintained in their natural condition in perpetuity. 4. Within ten (10) days after the date of the Settlement Agree- ment, the Vilas shall submit a revised building permit No. 9330011700 consistent with the provisions of the Settlement Agree- ment. 5. The Vilas shall authorize employees from the DCA and from Monroe County to enter onto the subject property at reasonable times and under reasonable conditions during the regular work week, Monday through Friday, between the hours of 8:30 a.m. and 5:00 p.m., for the purpose of inspecting the site for compliance with the terms of the settlement agreement and with revised build- ing permit No. 9330011700. WHEREAS, the staff report by Lorenzo Aghemo, Director of Planning, found that the agreement between Monroe County, the DCA and the Vilas complies with the Monroe County Land Develop- ment Regulations; and WHEREAS, the Director of Planning and the planning staff consider the agreement to be in the public health, safety and welfare; and WHEREAS, therefore, the staff report by Lorenzo Aghemo, Director of Planning, recommends approval of the agreement and recommends that the Board of County Commissioners authorize the Mayor to execute the agreement between the Florida Department of Community Affairs, Monroe County and the Vilas; so NOW, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT: The Board of Commissioners of Monroe County, Florida, agrees with the recommendation of the Director of Planning that the execution of this agreement would be in the best interests of the citizens of Monroe County; and Therefore, that the Mayor is hereby authorized to execute the agreement between the Florida Department of Community Affairs, Monroe County and the Vilas, a copy of said agreement is at- tached hereto and incorporated by reference; and That the Clerk of the Board is hereby directed to forward three certified copies of the agreement 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 17th day of May A.D., 1994. Mayor London Yes Mayor Pro Tem Cheal ves Commissioner Freeman yes Commissioner Harvey yes Commissioner Reich ves BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By 1V-kYUK/ UHAlKD'1LHN (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BY: -'Do"-d C. &)d m';tI DEPUTY CLERK Resolution # J MAR 3 1 119Q01t STATE OF FLORIDA LAND AND WATER ADJUDICATORY COMMISSION DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, V. CASE NO. APP-94-007 PETER VILA and MARTA VILA, Owners/General Contractors; and MONROE COUNTY, FLORIDA, Respondents. SETTLEMENT AGREEMENT This Agreement is entered into between PETER VILA, MARTA VILA, MONROE COUNTY, and the FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (herein "DCA" or "the Department"). W I T N E S S E T H: WHEREAS, Peter Vila and Marta Vila are fee simple owners of real property known as Lot 24, Block C, White Marlin Beach subdivision, Lower Matecumbe Key, in unincorporated Monroe County, Florida (herein "the subject property"); and WHEREAS, on November 30, 1993, Monroe County issued to the Owners building permit no. 9330011700 for development of a 70' x 10' concrete dock, davits, a 70' retaining wall, piles, chickee and deck along the shoreline of the subject property; and WHEREAS, the Department timely appealed the building permit to the Florida Land and Water Adjudicatory Commission pursuant to Section 380.07, Florida Statutes; and WHEREAS, most of Monroe County, including the subject property, is located within the Florida Keys Area of Critical State a Concern, as designated under Sections 380.05 and 380.0552, Florida Statutes; and WHEREAS, DCA is the state land planning agency with the duty and responsibility of administering and enforcing the provisions of Chapter 380, Florida Statutes, the Florida Environmental Land and Water Management Act of 1972 ("The Act"), and the rules and regulations promulgated thereunder, which include the Monroe County land development regulations; and WHEREAS, pursuant to Section 380.032(3), Florida Statutes, DCA is authorized to enter into agreements with any landowner, developer, or governmental agency as may be necessary to effectuate the provisions and purposes of The Act or any rules promulgated thereunder; and WHEREAS, the parties wish to avoid the expense and uncertainty of litigation and resolve the pending appeal of building permit no. 9330011700 under the terms and conditions set forth herein; and WHEREAS, the Department has determined that this agreement is necessary to effectuate the provisions and purposes of The Act and the Monroe County land development regulations promulgated thereunder; and WHEREAS, Monroe County joins in this agreement for the purpose of implementing and enforcing same. NOW, THEREFORE, in consideration of the mutual covenants and undertakings herein, and in consideration of the benefits to accrue to the parties to this agreement, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows; 1. Recitals. All recitals contained above are incorporated J herein and are essential elements hereof. 2. Revised Development Plans. The Owners' have prepared revised development plans consisting of three pages: "Site Plan," "Section 'B' Typ Section at Davit Base," and "Section D," attached as composite Exhibit A and incorporated herein. The revised plans entail the following modifications to the plans approved by Monroe County under building permit no. 9330011700: a. Reduction in length of dock from 70 feet to 56 feet, leaving 14 feet of the shoreline mangroves adjacent to the dock. b. Elimination of seawall, with substitution of rip - rap, retaining wall and fill landward of MHW and the upper dock. chickee. C. Elimination of chickee and slab surrounding the d. Elimination of walkway and stairs from the residence to the lower dock. (Note: The revised building permit may include a walkway and stairs of no more than 4 feet in width from the residence to the lower dock if requested by the Owners.) The revisions to the site plan described above and depicted on Exhibit A are acceptable to the Department. 3. Maintenance of Remaining -Shoreline Vegetation. It is the purpose of this agreement to allow the Owners a reasonable use of the shoreline area while maintaining as much of the existing mangrove fringe as possible. The Owners agree that the fringing mangroves remaining after development of the dock under the revised development plans, all as described in the preceding paragraph and depicted on Exhibit A, shall be preserved and maintained in their 3 natural condition in perpetuity. 4. Revised Building Permits. The parties agree that the subject property shall not be developed under building permit no. 9330011700 as issued by Monroe County on November 30, 1993. Within ten (10) days after the date of this agreement, the Owners shall seek from Monroe County a revised building permit no. 9330011700 consistent with this agreement. Development of the dock along the shoreline of the subject property may then proceed in accordance with the revised building permit consistent with this agreement. 5. Site Inspections. The Owners hereby authorize any Monroe County Growth Management Division employee and any Department of Community Affairs employee to enter onto the subject property at reasonable times and under reasonable conditions during the regular work week, Monday through Friday, between the hours of 8:30 a.m. and 5:00 p.m., for the purpose of inspecting the site for compliance with the terms of this agreement. 6. Further Proceedings. Within five (5) days after a revised building permit consistent with this agreement is rendered to the Department, the Department shall file a notice of voluntary dismissal of this appeal and seek a final order from the Florida Land and Water Adjudicatory Commission concluding this appeal proceeding. By their signatures hereon, the Owners and Monroe County join in any request to place this matter in abeyance pending issuance of a revised building permit and the filing of a notice of voluntary dismissal, and join in any request for entry of a final order consistent with this agreement. 4 J 7. Caveat. The parties acknowledge their disagreement over whether the subject building permit is consistent with the Monroe County land development regulations and have entered into this settlement agreement solely in the spirit of compromise. This agreement shall not be deemed to constitute a waiver of any party's position with regard to the proper interpretation of the Monroe County Code, and shall not be given precedential effect with regard to any other permit issued by Monroe County. 8. Scope of Authority. This agreement affects the rights and obligations of the parties under Chapter 380, Florida Statutes. It is not intended to influence or determine the authority or decisions of any other state or local government or agency in issuance of any other permits or approvals that might be required by state law or local ordinance for any development authorized by this Agreement. 9. Duplicate Originals. This settlement agreement may be executed in any number of originals, all of which evidence one agreement, and only one of which need be produced for any purpose. 10. Binding Effect. Recordation of Agreement. This agreement is intended to and shall create a covenant running with the land, and shall be binding on the parties, their heirs, successors and assigns. Within ten (10) days after entry of a final order by the Florida Land and Water Adjudicatory Commission concluding this appeal, the Owners shall record this agreement in the public records of Monroe County, Florida, and shall promptly provide proof of recordation to Monroe County and the Department, including the 5 J official records book and page where this agreement is recorded. Proof of recordation shall be furnished by hand delivery or U.S. Mail, postage prepaid, to Monroe County by directing same to Lorenzo Aghemo, Planning Director, Growth Management Division, Marathon Regional Service Center, 2798 Overseas Highway, Suite 400, Marathon, FL 33050, and to the Department by directing same to Sherry A. Spiers, Assistant General Counsel, Department of Community Affairs, 2740 Centerview Drive, Tallahassee, FL 32399- 2100. 11. Release: Costs and Attorney's Fees. The parties hereto release each other party from any and all claims of whatever nature which arise or may arise out of the issuance or appeal of the permit identified in this agreement. Each party shall bear its own costs and attorney's fees incurred in this proceeding. 12. Entirety of Agreement/Amendment. This agreement constitutes the entire agreement of the parties. This agreement may be modified or amended only by a separate writing entered into between the parties hereto and recorded in the public records of Monroe County as provided in paragraph 10 above. 13. Enforcement. This agreement may be enforced by any party as provided in Chapter 380, Florida Statutes, or as otherwise allowed by law. 14. Date of Agreement. The date of this agreement is the date the last party signs and acknowledges this agreement. IN WITNESS WHEREOF, the parties have executed this Agreement 0 on the dates and year below written. " 1 ZeI/W Date STATE OF FLORIDA COUNTY OF MONROE PETER VILA The foregoing instrument was acknowledged before me this Z S day. of Pr}r C F4 , 1994, by PETER VILA, who is personally known to me or who has produced Floa-'44, vj-.' vets �Tce_.,ce , as identification, and who did (did not) take an oath. Dat—e STATE OF FLORIDA COUNTY OF MONROE Notary Publ4c Name (typed, printed or stamped) CC 220 g c $ Commission Number I L -NMAXY SEAL My commission expir ENO&RY C1BENCOCHEA "UC STATE OF FLORIDA OMMISSION NO. CC220865 COMMISSION EXP. SEPT 241"6 MARTA VILA The foregoing instrument was acknowledged before me this 2 y day of t4 ftKC /{ , 1994, by MARTA VILA, ho is personally known to me or who has produced Dior` t r `� s ,� ice. rc Q as identification, and who did (did not) tak7 ath. � Q G C�--- Notary Publi� Name (typed, printed orstamped) CC.-Z-?-0 � L )_ Commission Number Emy!com ICIAL NOTARY SEAL My commission exCJBENGOCHEA PUBLIC STATE OF FLORIDA MISSION NO. CC220865 7 MISSION EXP.SEPT 24,1996) ATTEST: DANNY L. KOLHAGE, CLERK BY C. a Deputy C4erk M May 17, 1994 By Date STATE OF FLORIDA COUNTY OF MONROE London, Mayor The foregoing instrument was acknowledged day of , 1994, by JACK LONDON County, Florida, who is personally known to me as identification, ar take an oath. L i i 4 Dat STATE OF FLORIDA COUNTY OF LEON before me this 31 s4- as Mayor of Monroe or who has produced 3 who did (did not) Notary P lic RUTH ANN JANTZEN Notary STATE OF FLQfj* Name (typed, printed )EV 30/9j BONDED CC Commission Number My commission expires:/4-V* DEPARTMENT OF CO ITY AFFAIRS GL, By Charles G. Pattison, Director, Division of Resource Planning and Management Th �egoing instrument was acknowledged before me this day of (,Lyt , 1994, by CHARLES G. PATTISON, who is personall known to me and who did not take an ath. r Not y Publi /d i-, (14-4 Name (typed, printed or stamped) 9,& /5�5668 Commission Number Notary Pubic, State of Sonda My comn. issiol EAF res Cst. 6 s, j q3 s My (` Insurance Inc. 8 � I /Jr G UI L F• �k.set~ -EGAL DESCRIPTION -OT 24, OF BLOCK C, ACCORDING TD THE PLAT Of WHITE MARLIN BEACFI, SECTION :4 AS RECORDED IN PLAT BOOK 3, AT PAGE 184, ]F THE PUBLIC RECORDS IF MONROE COUNTY, FLORIDA. J�wr5n�> 5PLICANT, TER VILA 2OJECT, INCRETE DOCK V � ti �rr) 4 .---- Ak/2749 ICI VIEW ----------------- ..--_' _ -I 7v,---Plat------_-_---- I-------- ---------------- r X 4.3'i a 4.3'X � 00 N I Q (b0,0 x IMAR d dock � Lrepalr) 1 C npprox, top of _FI L To EMn�µ 0.04,wny A - •approx. shorel�h�j I 9x a ' Z 6'- D + - " _ _ Pla !ed shoreline 0'-0° 70' P(a t A G R O A! N I SITE SCALE. SECTIUN1,,GE 20 TOWNSH1 64S RANGES LOTi 24 BLOCKi WHITE M RLIN BE v E s A PLAN 1' -- 20, SLUE WATER ENGINEERING & DESIGN, It• 71 HOOD AVENUE, SUITE: 21 1.0. BOX 109 7AVERNIER, FL 33 70 305) g52-4245 ✓AYNE M. GRIERSE PE. `VRTiFTrATION #2 4, 6 4' SQUARE DAVIT ASF, W/8#5 VERT, 3 TIES @ 6' CTRS XTE.ND INTO BEAM 3.4--0' ' CONC SLAB / @ 12 CTRS, �- ---; ❑TH WAYS, CE TER 4-------- T N SLAB o cu E TEND CABLES IN 0 SLAB AS S OWN MHWL - - - ---7- a 24'X16' gONC BM W/3#5, TOP & BOTT I . GRADE MLWL� I � 12'X12' PRE -CAST 1 I � � PILING 25 TON CAPY � � I TO REFUSAL, T P � SE T I I I NBN TYP SECTION AST DAVIT BASE �2v��1�7 11111193 SCALE 11/2' — 1'-0' 'PLICANT, SECTION, 20 BLUE WATER ENGIN ERING & DESIGN, IN :TER VILA TOWNSHII 11 64S 171 HOOD AVENUE, JITE 21 ZOJECT, RANGE, 3 E F.D. BOX 109 ICK LOTi 24 TAVERNIER, FL 330 0 B�ocK, C (305) 852--42�45 .....Tr- ►A n. TA► vcnr`u WAYM H. GRIERSO P.E. 9 6" C�DNC SL B W/ #4 4 12- CT S, BDTF WAYS, CENTE IN SLAB I NT❑ SL B AS ;HdWN . �-mLWL. 12IX12" PRE-CP ST --�" PILING 25 TON CAPY TO REFUSAL, USAL, T P i i I i S CT DN D SCA E 1/2' - 1'-0' RETAINING WALL -- SEE SECTIONID IN GRADE �v� rMA,w 24'X16" CDNC BM W/3#5, OP & BOTT DPLICANTi SECTIONS 20 ,BLUE WATER ENGINtERING &. DESIGN, IN =TER VILA TOVNSHIP# 64S 171 H1313D AVENUE, iUITE 21 iOJECT# RANGEo 3 E P.11 BOX 109 7NCRETE DOCK LOTi 24 TAVERNIER, FL 33070 BLOCK, C (305) 652-4245 WHITE MARLIN BE�CH WAYNE M. GRIERSD P.E. r � � �• N A A�. r