Resolution 160-1994COW
FILED
'94 MAY 31 P 2 :32
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RESOLUTION NO. 160-1994
Planning Department
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,
BENJAMIN RYAN AND RODGERS DRILLING SERVICE
CONCERNING LOTS 11, 12 AND 13, BLOCK 13,
JOLLY ROGERS ESTATES, LITTLE TORCH KEY,
MONROE COUNTY, FLORIDA, MILE MARKER 28.5
WHEREAS, Benjamin Ryan is the owner of real property de-
scribed as:
Lots 11, 12 and 13, Block 13, Jolly Rogers Estates, Little
Torch Key, Monroe County, Florida (herein "the subject proper-
ty"); and
WHEREAS, Rodgers Drilling Service, Inc., is the General Con-
tractor for Mr. Ryan's development on the subject property; and
WHEREAS, on June 7, 1993, Monroe County issued Rodgers
Drilling Service, Inc., building permit No. 9310006141 for the.
construction of a 480 square foot dock with pilings and the remov-
al of vegetation around the dock area; 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, Mr. Ryan and Rodgers Drilling Service,
Inc., wish to avoid the expense and uncertainty of litigation and
resolve the pending appeal; and
WHEREAS, the DCA, Mr. Ryan and Rodgers Drilling Service,
Inc., wish to make Monroe County a party to the agreement; and
WHEREAS, the parties agree to the following:
1. Mr. Ryan agrees (in his own behalf and in behalf of his
heirs, successors in interest, assigns, transferees and grantees)
that in the event of the sale, transfer or conveyance of Lot 11,
12 or 13 of Block 13, Jolly Rogers Estates, Little Torch Key,
Monroe County, Florida, by virtue of the sale or transfer of a
single Lot or any combination of said Lots, he and his successors
in interest, assigns, grantees or transferees shall be obligated
(at their sole cost and expense) to tear down and remove the
dock, including pilings, within thirty (30) days of said assign-
ment, transfer or conveyance. In the event the subject dock is
not timely removed within said period, Mr. Ryan or his successors
in interest, assigns, grantees or transferees shall be subject to
a fine payable to Monroe County of $250.00 per day pending remov-
al, said fine commencing to run and accrue at the expiration of
the specified thirty (30) day removal period. The agreement set
forth in this paragraph runs with the subject land. The agree-
ment set forth in this paragraph is subject to the sole and only
exception that Mr. Ryan shall be permitted, in the exercise of
his sole discretion, to transfer or convey all or part of the
subject Lots to an inter vivos trust establishing himself as
trustee in the event that he deems such transfer to be in his
best interests to estate planning purposes. Such transfer, if
made, shall not constitute an event of default hereunder, nor
shall such transfer modify any of the rights or obligations of
the parties set forth herein.
2. Mr. Ryan 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.
WHEREAS, the staff report by Lorenzo Aghemo, Director of
Planning, found that the agreement between Monroe County, the
DCA, Mr. Ryan and Rodgers Drilling Service, Inc. complies with
the Monroe County Land Development 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, Mr. Ryan and Rodgers Drilling
Service, Inc.; 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, Mr. Ryan and Rodgers Drilling Service, Inc., a
copy of said agreement is attached 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 ves
Mayor Pro Tem Cheal yes
Commissioner Freeman _yes
Commissioner Harvey yes
Commissioner Reich yes
BOARD OF COUNTY COMMISSIONERS
OF ONROE COUNTY, FLORIDA
By,
MAYOR/CHAIRMAN
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BY :gM14-L G
DEPUTY CLERK
AM
Resolution #
FORM
1
STATE OF FLORIDA
LAND AND WATER ADJUDICATORY COMMISSION
DEPARTMENT OF COMMUNITY AFFAIRS,
Petitioner,
V.
BENJAMIN H. RYAN, JR., owner;
RODGERS DRILLING SERVICE INC.,
General Contractor; and
MONROE COUNTY, FLORIDA,
Respondents.
CASE NO. APP-93-067
SETTLEMENT AGREEMENT
This Agreement is entered into between Benjamin H. Ryan, Jr.
(herein the "owner"), Rodgers Drilling Service Inc., 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, Benjamin H. Ryan, Jr., is the fee simple owner of
real property known as Lots 11, 12 and 13, Block 13, Jolly Rogers
Estates, on Big Coppitt Key, in unincorporated Monroe County,
Florida (herein "the subject property") Rodgers Drilling Service
Inc. is,the General Contractor for the Owner's development as
authorized under the permit; and
WHEREAS, on June 7, 1993, Monroe County issued to the Owner
building permit no. 931-6141 for development of a 480 square foot
dock with pilings and removal of vegetation in the area of the
dock; 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
a
WHEREAS, most of Monroe County, including the subject
property, is located within the Florida Keys Area of Critical State
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.
931-6141 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
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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
herein and are essential elements hereof.
2. The Owner may develop the docking facility authorized by
building permit No. 931-6141 pursuant to the terms of this
agreement.
3. The Owner hereby agrees (in his own behalf as well as in
behalf of his heirs, successors in interest, assigns, transferees
and grantees) that in the event of the sale, transfer or conveyance
of Lot 11, 12 or 13 of Block 13, JOLLY ROGERS ESTATES or Lot 13,
Block 20, JOLLY ROGERS ESTATES on Big Coppitt Key, Florida (by
virtue of the sale or transfer of a single Lot or any combination
of said Lots) he and his successors in interest, assigns, grantees
or transferees shall be obligated (at their sole cost and expense)
to tear down and remove the dock, including its pilings, subject to
this- Settlement Agreement within thirty (30) days of said
assignment, transfer or conveyance. In the event the subject dock
is not timely removed within said period, Benjamin H. Ryan, Jr., or
his successors in interest, assigns, transferees or grantees shall
be subject to a fine payable to Monroe County of $250.00 per day
pending removal, said fine commencing to run and accrue at the
expiration of the specified thirty (30) day removal period. The
agreement set forth in this paragraph runs with the subject land.
The agreement set forth in this paragraph is subject to the sole
and only exception that Respondent, Benjamin H. Ryan, Jr., shall be
3
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permitted, in the exercise of his sole discretion, to transfer or
convey all or part of the subject Lots to an inter vivos trust
establishing himself as trustee in the event that he deems such
transfer to be in his best interests for estate planning purposes.
Such transfer, if made, shall not constitute an event of default
hereunder, nor shall such transfer modify any of the rights or
obligations of the parties set forth herein.
4. 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.
5. Further Proceedings. Within five (5) days after this
Settlement Agreement is executed by all parties, 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.
6. 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
4
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to any other permit issued by Monroe County.
7. 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.
8. 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.
9. 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. If the owner fails to remove the dock as agreed in
numbered paragraph 3. of this agreement, it shall be the
responsibility of the subsequent owner(s) to remove the dock in
accordance with that paragraph. Within ten (10) days after entry
of a final order by the Florida Land and Water Adjudicatory
Commission concluding this appeal, the Owner 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 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,
5
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Growth Management Division, Marathon Regional Service Center, 2798
Overseas Highway, Suite 400, Marathon, FL 33050, and to the
Department by directing same to Karen Brodeen, Assistant General
Counsel, Department of Community Affairs, 2740 Centerview Drive,
Tallahassee, FL 32399-2100.
10. Release; Costs and Attorneys 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.
11. 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 9 above.
12. Enforcement. This agreement may be enforced by any party
as provided in Chapter 380, Florida Statutes, or as otherwise
allowed by law.
13. Date of Agreement. The date of this agreement is the
date the last party signs and acknowledges this agreement.
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IN WITNESS WHEREOF, the parties have executed this Agreement
on the dates and year below written.
Date
STATE OF FLORIDA
COUNTY OF MONROE
BENJAMIN H. RYAN, JR.
uthor zed AgeAt fok
BEND N H. RYAN, JR.
4iZilbbeation,
he going instrument was acknowledged before me this 4T+
day , 1994, by BENJAMIN H. RYAN, JR., who s
per to me or who has produced
as and who did (did not) take an oath.
SALE HART
Was: duty Is, IM
O McQThruTbbryPuMWbmftm
Notary Public
61GAG t�QP+'
Name (typed, printed or stamped)
e e 302534
Commission Number
My commission expires:
7
,S7 .s 94
Date
STATE OF FLORIDA
COUNTY OF MONROE
RODGERS DRILLING SERVICE INC.
4 ;)o-4
Authorized Agent for
RODGERS DRILLING SERVICE, INC.
The fo egoing instrument was acknow dyed before me this
day of 1994, by L.A ' r j-s. , who is ersonally
known to me br who has produce-d IS
i , and who did (did not) take an o th.
No ary Public
/I-h m,4 Al, �17rn 0 N]
Name (typed, printed dr stamped)
Commission Number
My commission expires:
F �
(
8
AT=: DANNY L. KOLHAGE, CUJM
Deputy Cl k
May 17, 1994
Date
STATE OF FLORIDA
COUNTY OF MONROE
MONROE COUNTY, FLORIDA
By
ncton, Mayor
The foregoing instrument was acknowledged before me this 31 Sdr
day of nluw, 1994, by JACK LONDON as'Mayor of Monroe
County, Flor a, who is personally known to mQ-or who has produced
as identification, and who did (did not)
take an oath.
JANTZEN
Name
C C 11301eq,
Commission Number
My commission expires: 1?qm/Q-5
7
Date
STATE OF FLORIDA
COUNTY OF LEON
DEPARTMENT OF COMMUNITY AFFAIRS
By
Charles G. Pattison,
Director, Division of Resource
Planning and Management
The foregoing instrument was acknowledged before me this
C"
day of p,,A r, 1994, by CHARLES G. PATTISON, who is
personally k own to me and who did not take an oath.
4L IL
to y Public
llyi`S� V �1 � Ytc
Name (typed, printed or stamped)
Commission Nulaber
My commission expires:
10