Resolution 211-1994Planning Department
RESOLUTION NO. 211-1994
A RESOLUTION OF THE MONROE COUNTY BOAR2
OF COMMISSIONERS AUTHORIZING THE MAYOR,,
TO EXECUTE, ON BEHALF OF MONROE-,—
COUNTY, AN AGREEMENT BETWEEN THE
FLORIDA DEPARTMENT OF COM01UNI'1
AFFAIRS, MONROE COUNTY, JOHN AND BETSI'
WILDE AND GERALD KRAUSE CONCERNING LOT
10, BLOCK 18, CUTTHROAT HARBOR ESTATES;'
CUDJOE KEY, UNINCORPORATED MONROE
COUNTY, FLORIDA, APPROXIMATE MILE MARKER
23
WHEREAS, John and Betsy Wilde (herein "the Wildes") are the
owners of real property described as:
Lot 10, Block 23, Cutthroat Harbor Estates, Cudjoe Key, Mon-
roe County, Florida (herein "the subject property"); and
WHEREAS, on December 23, 1993, Monroe County issued the
Wildes building permit No. 9310006678 for the development of a
single family residence and the placement of fill and an enclo-
sure on the subject property; and
WHEREAS, Gerald Krause is the general contractor for the
development; 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 Section
9.5-345 and Section 9.5-113 of the Monroe County Land Development
Regulations; and
WHEREAS, the DCA, Mr. Krause and the Wildes wish to
avoid the expense and uncertainty of litigation and resolve the
pending appeal; and
WHEREAS, the DCA, Mr. Krause and the Wildes wish to make
Monroe County a party to the agreement; and
WHEREAS, the parties agree to the following:
1. The Wildes shall develop Lot 10, Block 18, Cutthroat Harbor
Estates, according to the revised site plan which is attached to
the Settlement Agreement as "Exhibit All and incorporated herein
by reference; and
2. The lower enclosure and ground slab are deleted from the site
plan and shall not be constructed; and
3. Additional fill on the site, including but not limited to
pearock, concrete, sand and similar materials commonly used for
fill purposes, shall be prohibited; and
4. The Settlement Agreement shall not restrict either the size
or placement of the singe -family house or its appurtenances if
such development is in compliance with all applicable Monroe
County land development regulations; and
5. Within two (2) weeks following development of the single-
family residence, the Wildes shall provide to the DCA and Monroe
County written or verbal notice that the development is complet-
ed; and
6. The Wildes shall allow employees from the DCA and from
Monroe County to enter onto the subject property at reasonable
times and under reasonable conditions for the purpose of inspect-
ing the site for compliance with the terms of the settlement
agreement and with revised building permit No. 9310006678; and
7. Monroe County shall not issue a certificate of occupancy for
the residential unit until after the Wildes have provided a post -
development sketch of the site, DCA staff has inspected the site
and DCA staff has advised Monroe County that no violation of the
Monroe County land development regulations and the Settlement
Agreement has occurred; and
WHEREAS, the staff report by Lorenzo Aghemo, Director of
Planning, found that the agreement between Monroe County, the
DCA, Gerald Krause and the Wildes 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, Gerald Krause and John and
Betsy Wilde; 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, Gerald Krause and John and Betsy Wilde, a copy
of said agreement is attached hereto and incorporated by refer-
ence; and
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 20th day of July , A.D., 1994.
Mayor London yes
Mayor Pro Tem Cheal yes
Commissioner Freeman yes
Commissioner Harvey e'er
Commissioner Reich ves
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
z F-mol ' a:ny*:iuiG'I1"Nl
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BY: aj-'A C.
DEPUTY CLERK
APP AS To FORM
AND MA SAS"r-". ._, +�'y
Resolution # 191f
STATE OF FLORIDA
LAND AND WATER ADJUDICATORY COMMISSION
DEPARTMENT OF COMMUNITY AFFAIRS,
Petitioner,
V. CASE NO. APP-94-018
JOHN WILDE and BETSY WILDE, Owners;
GERALD KRAUSE, General Contractor;
and MONROE COUNTY, a political
subdivision of the State of Florida,
Respondents.
SETTLEMENT AGREEMENT
This Agreement is entered into between JOHN WILDE and BETSY
WILDE, (herein "Owners"); GERALD KRAUSE, (herein "contractor" or
"Developer"); the FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (herein
"DCA" or "the Department"); and MONROE COUNTY, a political
subdivision of the State of Florida.
WHEREAS, John and Betsy Wilde, are the owners of real property
known as:
Lot 10, Block 18, Cutthroat Harbor Estates, Cudjoe Key,
in unincorporated Monroe County, Florida
(herein "the subject property"); and
WHEREAS, on December 23, 1993, Monroe County issued to the
Owners building permit numbered 9310006678 for construction of a
single family residence, allowing the placement of fill material
(1009 sq. ft. ground slab and 217 sq. ft. enclosure) on the Owners'
lot; and
WHEREAS, the building permit is a "development order" as
defined in Section 380.031(3), Florida Statutes; and
WHEREAS, the development order was rendered to the Department
on December 28, 1993, and was timely appealed 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
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 Owners have submitted to DCA a revised site plan
in an effort to address the issues raised by DCA in its appeal,
which documents are acceptable to DCA with certain conditions
described herein; and
2
WHEREAS, the parties wish to avoid the expense and uncertainty
of litigation and resolve the pending appeal of building permit no.
9310006678 under the terms and conditions set forth herein, and it
is in their best interests to do so; and
WHEREAS, Monroe County joins in this settlement 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. Representations. All representations contained above are
incorporated herein and are essential elements hereof.
2. Revised Site Plan. Except as otherwise provided in this
section 2, the property shall be developed with a single-family
residence, in accordance with the revised site plan which is
attached hereto as Exhibit A and incorporated herein, and in
accordance with the conditions set forth therein, and in this
agreement below:
a. The lower enclosure and ground slab are deleted from
the site plan and shall not be constructed.
b. Additional fill on the site, including but not
limited to pearock, concrete, sand, and similar materials commonly
used for fill purposes, shall be prohibited.
This agreement does not restrict either the size or placement
of the single-family home or its appurtenances so long as such
development is in compliance with all applicable Monroe County land
3
development regulations. If the Owner or Contractor elects to
alter the size or placement of the single-family residence from
that shown on Exhibit A, or add appurtenances which are not shown
on Exhibit A, a revised site plan shall be submitted to and
approved by the County and the Department prior to the issuance of
any permits for the site. The Department's approval shall not be
unreasonably withheld.
3. Post -Development Survey and Inspection. Within two (2)
weeks following development of the single-family residence
authorized under the subject permits, Owners shall provide to DCA
and Monroe County actual written or verbal notice that development
is completed. DCA and Monroe County staff shall be allowed
reasonable access tot he site for site inspection and verification
of adherence to the revised site plan. Such inspection shall occur
no later than two (2) weeks after receipt of notice from Owners
that construction is completed. Within the same two -week period,
if no deviation from the revised site plan has occurred, DCA shall
notify Monroe County that it is satisfied that no violation of the
Monroe County land development regulations and this Agreement has
occurred.
4. Certificate of Occupancy. Monroe County shall not issue
a certificate of occupancy for the residential unit until after the
Owners have provided a post -development sketch of the site, DCA
staff has inspected the site, and DCA staff has advised the County
in writing that no violations has occurred.
4
5. Effective Date of Agreement. The effective date of this
agreement is the date on which the Florida Land and Water
Adjudicatory Commission enters an order approving this agreement
and concluding this appeal.
6. 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.
7. 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.
8. 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. The signatures of both the Owner and General Contractor
are required in order for this agreement to be binding on any other
party hereto.
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.
5
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 of directing same to
Stephanie M. Callahan, Esquire, Department of Community Affairs,
2740 Centerview Drive, Tallahassee, FL 32399-2100.
9. Release; Costs and Attorney's Fees. The parties hereto
release each other party from any and all claim of whatever nature
which arise or may arise out of the issuance or appeal of the
permits identified in this Agreement. Each party shall bear its
own costs and attorney's fees incurred in this proceeding.
10. 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.
11. Enforcement. This Agreement may be enforced by any party
as provided in Chapter 380, Florida Statutes, or as otherwise
allowed by law.
12. Date of Agreement. The date of this agreement is the
date the last party signs and acknowledges this agreement.
N.
IN WITNESS WHEREOF, the parties have executed this Agreement
on the dates and year below written.
Date
STATE OF FLORIDA
COUNTY OF ,
,yr
JOHN. -WILDE
The foregoing instrument was acknowledged before me this
day of , 1993, by JOHN WILDE, who is personally known
to me or who has produced as
identification, and who did (did not) take an oath.
.5cQ- ,a-r-
Notary Public
Name (typed, printed or stamped)
Commission Number
My commission expires:
7
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
SETTLEMENT AGREEMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On MAY 18,1994
before me, ***ERNIE E. GARCIA********
teary Public,
personally appeared ***JOHN WILDS**********************************************
*************************************************************************
************************************************************************
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personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
�l
i
Signature Ali
OFFICIAL SEAL
ERNIE E. GARCIA
NOTARY PUBLIC-CALIFORNIA
PRINCIPAL OFFICE IN
LOS ANGELES COUNTY
My Commission Expires Oct ?1 1Q94
(Seal)
SF-9474-8 (Rev. B - 1/94)
IN WITNESS WHEREOF, the parties have executed this Agreement
on the dates and year below written.
5- L -, I CA
Date
STATE OF FLORIDA
COUNTY OF ,
BETSY WILDE
The foregoing instrument was acknowledged before me this
day of , 1993, by BETSY WILDE, who is personally
known to me or who has produced as
identification, and who did (did not) take an oath.
S� A-#& ff4cnl
Notary Public
Name (typed, printed or stamped)
Commission Number
My commission expires:
8
SETTLEMENT AGREEMEW
STATE OF CALIFORNIA
COUNTY OF T S N ter- F'S
On MAY 17 1994 before me, **F.RNTP R GARC•TA********
Pubic,
personally appeared ***BETSY WILDS********************************************
**********************************************************************
*********************************************************************
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that helsheAhey
executed the same in his/her/their authorized capacity(iss), and that by hwherAheir signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
Signature
>
OFFICIAL SEAL
ERNIE E. GARCIA
N tiR, P11'"a1C CALIFORNIA
t'z
"PI L.WAL 01KE, IN
. 6 ANCELES COUNTY
My Commission Expires Oct. 21. 1994
(Seal)
SF-0474-8 MW 8 . 1194)
� Y1'
GERALD 1,ZZAU6E, General Contractor
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me thisa%+v,
day of M Lx. , , 199$ by GERALD KRAUSE, who is personally
known to me o who has pr ced as
identification, and wh�d did no take an oath.
Notary Public
s +IP-P?
Name (typed, printed or stamped)
—Cc 0 R oIas
Commission Number
My commission expires:
3 ~ 3-9S
0
0
07oe?0-��
Date
APPROVED AS TO FORM��..
AND LEGAL SUFFlC1tNCY
BY _�L�7/�_ �
Attornsys Office
STATE OF FLORIDA
COUNTY OF MONROE
MONROE COUNTY, a political
subdivision of the State of Florida
BY
(S
Attest: Danny L. Kohlage, Clerk
BY• ."
Deputy Clerk
The foregoing instrument was acknowledged before me this
day of , 199Jj by , 1d21Q
is nersnnaliv known toM.Q-or who has produced his/her
oath.
as identification and who did not take an
Notary Purylic-
My Commission Expires:
10
RUTH ANN JANTZEN
Notvy STATE OF FLORIDA
P 1 corm Exp'OJ /95
BONDED
DEPARTMENT OF COMMUNITY AFFAIRS,
An Agency of the S e of Florida
By
C S G. PATTIS
Director, Division'of Resource
Planning and Management
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged
da 199#, by CHARLES G.
ersonally kno n to me r who has produced
as iden i ica ion, and who did (did not) take
Notary Public
before me this�%is
PATTISON, who
an oath.
La un i s v-
Name (typed, printed o stamped)
& 3 a gL¢ cs
Commission Number
My commission expires:
ZA.
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r/a/e/A ikiu- lii"1v'
11
Mt3NhUlt GOPNT1l 01ALO NG DEPARTMENT
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Date Applied: - : L ,; f►,. Prepared ref• r1 •j ;; `: I Date teaued: l
FWMIt TYps: is •; L d l R G P -A b M I l' 5 i N G L C F A M 1 L
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Subdivision Name
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OwnWa Name/AddraeatTelaphone
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SUMMEhLAIM KEY FL 33Gfi::
30S ti'12- 275'.
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Schocift at fees
Remarks:
FhE DESCRIPTION
FEE AMT
AKT PAID
CR1rDITED
DATE
RCPT NBR
PEEtM1'It FEE
690,00
.00
690.00
BIOLOGIST FEE
35.00
3'5.00
.00
12/Z3/93
517734
1-FIRE/LMS IMrAC.T - KW
105.00
106.00
.00
12l23/93
S14841
1-LIBRARY IMPACT XV
242.00
Z42.00
.00
12/23/93
614641
1-SHERIFF ZNPAFT KW
150.00
150.00
.00
12/23/93
614841
1-PARKS IMPACT'- KW
340.00
340.Od
.00
12/Z3/93
514841
1-ROAD 1KPACT • kW
633.00
633.00
.00
12/Z3/93
614841
1-SOLID WASTE IMPACT - KW
64.00
64.00
.00
1Z/Z3/93
614841
RADON GAS -NEW CONSTRUC.T.
14.66
14.86
.00
12/Z3i93
52336;:
PLAN FILI14G FEE-CONVENTIO
750.00
75Q,00
.00
1.'.:'23/93
S17954
RECOVERY FUND/CRkT - NEW
14.85
14.85
.00
12/23/93
523362
APP FEE PO i750.00 4517°54 •
L/C AP5' FEE P11 E: 6.OD 051'10734
THIS 1; A Rr,.:u PERMIT F, HA!, BEEN APFROV-
Ets BY 3'His ! LAMNIW: ComM1SSIOb1 ON 11/1Z/
93 UNDER RESOLUTION #P-46-13.
"= MORE INFORMATION TO PRINT ADDITIONAL PAGE REQUIRED "•
ZI PLEASE REAO.,V7 REVERSE OF THIS DOC L MENT BEFO#% YOU SKIN AS O MVER CONTRACTCM OR AUTH01112E1) AGENT.
By
EXHIBIT A
PERMIT NUMBERt 9310006678 DATES 12/23/93
PERMIT TYPE: BUILDING PERMIT - SINGLE FAMIL
PROPERTY ADDSBSS: LT 10 EX 16 LABAT LN CUDJ
OWNERS NAME: WILDS JOHN & BETSY
2579 SO FT OF SINGLE FAMILY STRUCTURE W/
392 SO FT OF PORCHES, 1009 SO FT GROUND
SLAB & 217 SO FT BELOW BASE FLOOD ENCLO-
SURE. HEIGHT OF STRUCTURE NOT TO EXCEED
35' FROM GRADE. MRS APPROVAL #K241-92.
FLOOD LONE AE 9' PANEL 1514G. ELEVATION
CERTIFICATE REQUIRED WITHIN 21 DAYS OF
ESTABLISHING HEIGHT OF BOTTOM BEAM.
FINAL HEALTH INSPECTION REQUIRED FOR CO.
HURRICANE SHUTTERS MUST BE ON SITE & AN-
CHORAGE IN PLACE BEFORE ISSUANCE OF C.O.
SEALED TRUSS PLANS MUST BE SUBMITTED &
APPROVED BY BUILDING DEPARTMENT PRIOR TO
INSTALLATION. LOWER ENCLOSURE FOR PARK-
ING & $TORAGE ONLY, NO HABITATION. NO
ELECTR;C, PLUMBING, MECHANICAL EQUIPMENT
OR MACHINERY MAY BE ALLOWED BELOW 100
YEAR BASE FLOOD. WALLS MUST BE UNFINISH-
ED ON THE INSIDE, INCLUDING PERIMETER
WALLS, CEILINGS i FLOORS, EXCEPT FOR PRO
TECTM PAINT. STORAGE ENCLOSURES MAY
NOT BE PARTITIONED OFF INTO SEPERATE
ROOMS. SHOULD YOU WISH TO ENLARGE THIS
ENCLOSZD STORAGE AREA IN THE FUTURE, EX-
ISTING ENCLOSURE WALLS CREATING INTERIOR
PARTITIONS WOULD BE REQUIRED TO BE DELET
ED. THIS ENCLOSURE WILL AFFECT YOUR
FLOOD INSURANCE. BIOLOGIST RECOMMENDS
APPROVAL AS PER MONROE COUNTY CODEt 1)
REMOVE ALL BRAZILIAN PEPPER FROM THE LOT
2) SHORELINE VEGETATION SHALL NOT OR DIS
TURBRDa- 3) ALL DATIVE VEGETATION WITHIN
SETBACKS SHALL NOT BE DISTURBED. 4) SAVE
GUMBO LIMBO AS STREET TREE OR MOVE TO
NEW L04;ATION. ADDITIONAL PERMITS FROM
THE DEVT. OF ENVIRONMENTAL PROTECTION &
THE U.S. ARMY COPS OF ENGINEERS MAX BE
REQUIRED. NO J'I ,, POOL, DOCK WR SEAWALL
ON TKI& PERbiYT.
Row Ab rOLLOWS :
1) ULTRA LOW VOLUME FIXTURES
O) SEER 2--12
3) EPI <70
4) SOLAR PANEL
5) EXCEEDS MINIMUM ELEVATION 1+'
DEVELOPMENT, EFFECTIVE DATE 2-25-94
DCA APPEALED PERMIT 2/8/94 NO INSPECT-
IONS CAP BE =fox
KADE:-PER 6YRECF ZEN 41ETC�II.F
LOht t ' 9CLprp SLAS BENEATH SFR
HAS BE*t Dzz, iON THIS DATE 4-13-04
a