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.
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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
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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.
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-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
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