Resolution 264-1987
Monroe County Commission
RESOLUTION NO. 264 -1987
A RESOLUTION AUTHORIZING THE MAYOR/CHAIRMAN
OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, TO EXECUTE AN
AGREEMENT BY AND BETWEEN THE STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS, FLORIDA
COMMERCIAL INVESTMENTS, INC., AND MONROE
COUNTY CONCERNING SETTLEMENT OF THE APPEAL
FILED BY THE STATE OF FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS, IN RE: MONROE COUNTY
BUILDING PERMIT #C21581.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that said Board hereby authorizes the
Mayor/Chairman of the Board to execute an Agreement by and
between the State of Florida Department of Community Affairs,
Florida Commercial Investments, Inc., and Monroe County, a copy
of which is attached hereto, concerning settlement of the appeal
filed by the State of Florida Department of Community Affairs, in
re: Monroe County Building Permit #C21581.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the
1tJ.
day of
J~/~
, A. D. 1987.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
( Seal)
/~
Attest: DANNY L. KOLHAGE, Clerk
-.l2L ~' ().~
er
APPROVED AS TO FORrf
~NWGl\L SUFFJClrA..~.: .
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AGREEMENT
This Agreement entered into this ____ day of
,
1987, between the STATE OF FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS (hereafter referred to as the Department) and FLORIDA
COMMERCIAL INVESTMENTS, INC., a Florida corporation (hereafter
referred to as the Owner) and MONROE COUNTY, a political
subdivision of the State of Florida (hereafter referred to as the
County) .
WIT N E SSE T H:
WHEREAS, the Department and the Owner, along with
Monroe County, are parties to an appeal filed by the Department
pursuant to Section 380.07, Florida Statutes, pending before the
State of Flor ida Land and Water Adjudicatory Commission, styled
as follows: IN RE BUILDING PERMIT OF MONROE COUNTY, FLORIDA NO.
C2l58l ISSUED TO FLORIDA COMMERCIAL INVESTMENTS, INC. IN AN AREA
OF CRITICAL STATE CONCERN; and
WHEREAS, the Department and the Owner wish to enter
into a stipulation of settlement resolving the above-mentioned
appeal; and
WHEREAS, Monroe County building permit C2l58l issued 14
April 1987 (a copy of which is attached and marked EXHIBIT A),
allows Owner to upgrade an 18-unit motel and apartment to 54
units, one office and all site work; and
WHEREAS, Monroe County building permit C21581 does not
follow the Monroe County Comprehensive Plan and Land Development
Regulations effective September 15, 1986, in that it did not
properly consider the requirement for impact fees; and
WHEREAS, without reed to adjudicate the correctness of
the Monroe County decision and regulations under which this
permit should be evaluated, the Owner agrees to undertake
required studies to measure and determine impacts;
THEREFORE, in consideration of the mutual covenants
contained herein, the parties agree as follows:
1. Owner has submitted to the Department a traffic
study consistent with the Monroe County Comprehensive Plan which
1
projects that the level of service will not be lower than Level
"D" nor require current or future roadway improvements;
therefore, no impact fee need be assessed for traffic.
2. Owner agrees to pay to Monroe County:
(a) a park impact fee the amount of $107 per unit;
(b) a solid waste impact fee in the amount of
$ 5 4 .18 pe run it;
(c) a police and law enforcement impact fee of
$ 8 5 .3 2 pe run it;
for a total of $246.50 per unit; $8,874 for the 36 additional
units authorized to be constructed under Monroe County permit
C21581. This fee shall be remitted to Monroe County prior to the
issuance of the certificate of occupancy for the authorized
project.
3 . Bas e d u po nth e 0 w n e r 's co v e n ant san d
representations contained in this Agreement, the Department will
voluntarily dismiss its appeal of Monroe County Building Permit
C21581 to allow the Owner to begin construction under the permit
in accordance with this Agreement.
4. In the event of a breach of this Agreement, or
failure to comply with any condition of this Agreement, or if
this Agreement is based upon materially inaccurate information,
the Department may terminate this Agreement or file suit to
enforce this Agreement as provided in Section 380.11, Florida
Statutes, including suit to enjoin all development.
5. This Agreement shall be recorded by the Owner, who
will provide proof of such recordation to the Department, in the
official records of Monroe County, Florida, and shall be
enforceable against all successors, heirs or assigns of the
parties.
STATE OF FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS
BY:
Witness
TOM G. PELHAM
Secretary
2751 Executive Center Circle, East
Tallahassee, Florida 32399
(904) 488-0410
Witness
DATE:
2
Witness
Witness
DATE:
f/q/87
Witness
Witness
DATE:
FLORIDA COMMERCIAL INVESTMENTS, INC.
BY:
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w1~~I{:c 5:~~R6B~~ /)"e C
'.....
Roberts, Egan & Routa, P. A.
217 South Adams Street
Tallahassee, Florida 32302
(904) 224-5169
MONROE COUNTY
BY:
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MnNQOE COUNTY BUILDING DEPARTMENT
EXHIBIT
BUILDING PERMIT
1\ No. C_2_L5~J..
Date Jaaued .l.:1.p.riLJ4n,J~.t1
>is is to Certify that(:lOtidanC~~a;;ltii=I~~~.=-.~~--':~-~~.
:IS permission to54nUnd..M<l,nJaw.rmmtt....D "'nn(
~ t ___________________u___ B lock_____n___n______________________ Sub' d. siten____UlOr_K ~____________..n___________ __n_
A
NOTE
THIS PERMtT IS NON. TRANSFERABLE
-------------------------...----------..----...-----......---------------------------------------------------.
.u________. -- -- ---q-- --~----- -----------U~---I"----n-. -----ocean--------------------t>-t:,-----.---------n-------
ddreB8: MM.__._.._9___5_..__.._____....._....__.~___...._n_...____....._n~....nn-.-......~-n..-.------.---
The person accepting this permit shall conform to the terms of the application 011
fUe in the office of the Zoning Department of Monroe County and coDStruct1on
shall confonn to the requirements of the Monroe County Codes.
B Building Contractor ~t)l2e_,~__~__lfd(6h_____CGC___Q~lg4+-
E Electrical Contractor ____________u____________________________n_
P Plumbing Contractor ______________________u__________________________
Inspections Required - 24 Hour Notice Required on All Inspections.
3rd -----------
-, Final-'-----------
Health .
- DeIA"~Dt
Permit void if zoDiDq classification
are Violated.
'-~-
Jt
ad 4th ____
.rmit void if construction is not
:arted within thirty days. '
7\
.. " "
'"'
~ IMPORTANT, NOTICE
This card must be displayed on street side of lot in a PERMANENT, SUBST.AJftIAL
MANNER. AND IN A CONSPICUQUS, SHELTERED LOCATION, ACCESSIBLE TO
THE INSPECTOR. Card must remain displayed UJltil after final inspectiOD8.
NO INSPECTIONS will be made unless a set of plana, each sheet ~tamped. with the
approval of the Building Department. and approval of the Health Department. Is
aYailable for the inspector on,~the job site. A P PRO V EDt.
.pproved Subject To Health DepL Approval ~oe C"".ty
'aU-~a.Jfl9~.._..__For Inspections ~ . ~~.......
upection Must Be Made BefC"T'e Pro- Monroe County Building Department
..
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· . FI.CX)D ZONE:
. A-16, V-16
ELEVATICN 12
BUILDING PERMIT
BUILDING AND ZONING DEPARTMENT
MONROECO~.FLORlDA ~ ~
APRIL 14, 1987
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THIS PERMIT SHALL ALLOW WORK (AS DEFINED UNDER WORK DESCIUP'l'10N BELOW AND AS SHOWN AND
SPECIFIED ON PLANS SUBMI'M'ED AND ON FILE IN THE BUILDING DEPARTMENT OFFICES) TO BE PERFORMED
ON THE FOLLOWING PROPERTY BY THE OWNER LISTED:
ALL OF TWCr 20 & IDts 1-7, TRACI' 21, StlNSm' rovE
(.)
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SUBDIVISION
U . S . i1 AND c:cEl\N BAY DRIVE
SEe
32 T 61s It
3ge
LOT BLOCK
STREET OR ROAD
REZZA
OWNER FLORIDA ca.~ ~VES'IMENl'S, nc. NANCY PHONE
P.O. BOX 2686, mY IAROO, FL 33037
852-9879
MAILING ADDRESS
CONTRACTOR roBERI' Mc:INIOSH CGC028844
PHONE
451-3070
MAILING ADDRESS
P.o. BOX 2704, mY I.ABro, FL. 33037
WORK DESCRIPTION
UPGRADmG OF 54 UNIT 00lEL, 1 AP~, 1 OFFICE AND ALL SITE Vl)RI<'
REMARKS 20,000 sq. ft. encl. Ul'lMATEDVALUE t1,225,000.00
SEE FILE 09426. SUI3CON'IWCl'ORS MUS!' RmISTER WITH THIS OFFICE PRIO~;;o N:rl lMHtIH
INSP~ONS. THIS PmlIT BEXXMES l::J:.t.l:I.:l'.l.'.1E CNLY AFl'ER 45 DAYS AND . mE U.l:;k",l'.
OF CCl\HJNITY AFFAIRS roES n ror APPEAL IT'SISStmNCE. (F .S. 380.05) OR ..1m..
UPOO APPPOVAL BY WE DEPT. OF caMJNI'lY AFFAIRS. THIS PERoaT 1ft ISSUFD ONDER THE
THE "OlD PLAN" lID IMPACT FEES ARE RmUIRED**
Vl)RK MUST BE <XM1ENCED WITHIN 60 DAYS OF EFFECTIVE DATE OF THIS PER HIT AS S~ FORI'H lUDlE.
PAID BY CHOCK U2991i,saJI'HEAST BANK $4,842.00
PERMIT CARD MUST BE DISPLA YEn ON STREET SIDE BUILDING FEE
OF LOT IN PERMANENT, SUBSTANTIAL MANNER, AND $ 3
IN A CONSPICUOUS. SHELTERED LOCA'nON, ACCESS- PLUMBING FEE 2,64 .00
.IBLE TO THE INSPECTOR. PERMIT MUST REMAIN DIS-
PLAYED tnmL AFTER FINAL INSPECTIONS. ONE COPY
hAPPROVED PLANS. BEARING BUILDING DEPART-
STAMPS. MUST BE KEPT ON THE JOB SITE. AVAIL-
ABLE TO mE INSPECTORS AT THE TIME OF ALL IN- $9 841 50
SPECnONS. ,,-:.' TOTAL FEE ,.
,'.. \' ~~'X lbUJ
THIS PERMIT BECOMES NUll AND VOID IF WORK IS NOT COMMENCED WITHIN nun.." DAYS OF IS-
SUANCE OR IF WORK IS SUSPENDED"'FOR A PERIOD EXCEEDING ONE HUNDRED AND TWENTY (120)
DAYS. ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING nns TYPE OF WORK SHALL BE
COMP WITH. THE GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE
OR C L THE PROVISIONS OF ANY LOCAL, STATE OR FEDERAL LAW REGULATING CONSTRUCTION
OR FORMANCE OF CONSTRUCTION, TInS PIRMlT IS NON- TRANSnRABLE. NON-MAJlDTABLE
-ASSIGNABLE ANY An"nfP'l'ID TRANSP'IR, SALI OR ASSIGNMINT OF SAID PERMIT
-7ft ~REVOCAnON OF SAID PERNIT.
SlGNATURE OF OWNER. CONTRACTOR OR AUTHOR. mBER~r L.
!ZED AGENT .. ~ omCIAL
",.AlLUUTO COMPLY WITH THE '~CS' I BY .t:o~ ~ hr?^-
LIEN LAW CAN RESULT IN THE PROrERTY
OWNER PAYING TWICE FOR BUILDING C 2 1 5 8 1
IMPROVEMENTS". PERMIT
ELECTRICAL FEE
$2,356.50
....