Resolution 425-1987
Monroe County Commission
RESOLUTION NO.
425 -1987
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZ-
ING THE MAYOR/CHAIRMAN OF THE BOARD TO
EXECUTE A MAJOR DEVELOPMENT APPLICATION
AGREEMENT AND RELEASE BETWEEN MONROE COUNTY,
FLORIDA, AND TWIN HARBORS, INC. CONCERNING
THE PROJECT KNOWN AS TWIN HARBORS RESORT.
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 a Major Development
Application Agreement and Release between Monroe County, Florida,
and Twin Harbors, Inc., a copy of same being attached hereto,
concerning the project known as Twin Harbors Resort.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the ~,..J.. dayof ~f)"~~b~r- ,A.D., 1987.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By &.~..~,~.t
May~r C a~rman .,.
(SEAL)
Attest :DANNy L. KOLHAGE, Clerk
./2.L 1~ -1~.&,t;
8Y
D AS TO FORM
T
AGREEMENT
Agreement this __.__ -. day of November , 1987 , by and
between Twin Harbors , .Inc. a Florida Corporation doing;
business in Key Largo , Florida , and Monroe County, Florida..
a political subdivision. of the State of Florida.
WHEREAS , Twin Harbors , .Inc. is the owner and operator
of Twin Harbors• Resort in Key Large , Florida , a fifty unit
motel and recreational vehicle resort , and
WHEREAS, in April , 1987 , Ts,Tin Harbors , Inc. desired to
expand and upgrade the existing resort and improve the ,
sewer , fire protection, landscaping, recreation , and
hurricane protection facilities on the resort site, and
WHEREAS , at times relevant hereto prior to September
15 , 1986 . there existed a moratorium on major development
i
applications which specifically exempted from said
moratorium applications for expansion. of existing resorts
and
WHEREAS , the application for expansion and
modernization of Twin Harbors Resort was exempt from the
then existing moratorium, Twin Harbors , Inc. proceeded in
good faith with its ma,ior development application by
requesting an initial advisory meeting, and
• WHEREAS , on the 14th day of May, 1986 , Tw.i n Harbors ,
Inc. had an initial advisory meeting with Monroe County to
begin the major development application process- for
expansion of Twin Harbors , Inc. , and
WHEREAS , subsequent to the initial advisory meeting
and prior to the effective date of the Monroe County
_.cmpr ehenslve band Use Plan , Twi n Harbors , Inc. did prepare
and submit to Monroe County an FbivironIlental Designation
Survey, Community Impact. Assessment Statement a L .
Preliminary Development Plans pursuant, to the requireIfient:
.
of the Major Development. Ordinance then in effect , and
WHEREAS . Twin Harbors , Inc. did submit and coordinate
its development, plan application with the following
governmental agencies prior to September 15 , 19 6
1. Monroe County Sheriffs Department
2 . Florida Keys Elect 'ic Cooperative
3. Florida Keys Aqueduct Authority
4. Monroe County Fire Marshal
5 . Monroe County Civil Defense
6. Monroe County Emergency Services
, Monroe_ County School Board
8 . Monroe County Library
9. South Florida Water Mana,gerrent. District
10. Florida Department of Transportation
11. Florida Department of State
12. Florida Department of Environmental Regulation
WHEREAS Twin Harbors , Inc. did retain the services of
an attorney, architects , land planners , engineers , and an
environmental consultant to prepare and plan the
Environmental Designation Survey, C_`mmunity Impact
Assessment Statement and Preliminary Development Plans
byand Twin Harbors ,, Inc. did pay for
r
required Monroe County ;�- - c `
.,he services , and
WHEREAS , on the 1.5th day _;f September , 1986 , the
Monroe County Comprehensive Land Use Flan did become law
providing a retroactive "cut---off - date for major development
applications of December 12 , 1985 , and
Comprehensive
WHEREAS, pursuant to the Monroe County Comp.re en ,?._
Land Use Plan , Monroe County ceased processing Twin Harbor ,
Inc. application as of the 15th day of September , 1986 ,
and
WHEREAS , in August, , 1987 , Twin. Harbors , Inc. did file
a complaint against. Monroe County in the Circuit Court of
Monroe County, Florida to require Monroe County to process
Twin Harbors , Inc. major development application cation and for
menanary damages , and
WHF:REAS , certain equities ;x si. in favor of Twin
Harbors , Inc. right to proceed t l C ward with its ma.lor.
de .?e1-cement. application and the parties hereto desire to
:,--tile the claims of Tw ; n Harbors , .Inc.. in an amicable
fashion beneficial to the property owner and the County, and
• WHEREAS , . it is • in the best interest of Monroe County
to avoid expensive litigation , extinguish liability for
monetary damages and promote and secure properly planned_
developments , and
WHEREAS, it is in the best interest. of Monroe County,
Florida•
that the issue of applicability of impact fees for
development of Twin Harbors Resort expansion be resolved in
favor of Monroe County , and
WHEREAS , the parties hereto have reached an agreement
that is fair and just and is in the best interest of Monroe
County
NOW, THEREFORE, in consideration on of thR mutual
promises and covenants set forth herein, the parties agree
as follows : .-
1. Twin Harbors . Inc. agrees to dismiss its cause of
action against Monroe County with prejudice. .Twin Harbors ,
Inc. further agrees it will file no collateral actions
against the County relating to the issues set forth in its
original action..
Twin Harbors , Inc. by dismissing its cause of
ac.i_in against Monroe County with prejudice , specifically
waives and releases Monroe County from all claims of
monetary damages arising from the filing and processing of
Twin Harbors , Inc. s major development application.
.
e
3 . Twin Harbors , Inc. .hail be permitted to
proceed with he, processing of its major development
application before the Monroe County Zoning Board pursuant
to the major development ordinance in effect at the time the
application was filed. A hearing for application for
preliminary rova l shall be scheduled within 45 days of
execi..it].on of this Agreement. Any deficiencies in the major
development application shall be cured by Twin Harbors , Inc.
within 10 Clays of notice by the Monroe County Hlanninc
Department. Tho Planning Department shall provide
Harbors , Inc. with notice of deficiency within 'f days of
the date of th _ Agreement-
4 . Monroe County makes no guarantees or
. ,
• : f i
representations as to the outcome of the major development
application. However , in he event Twin Harbors , Inc.
receives final development approval from the Monroe County
Zoning Board , Twin Harbors , Inc. agrees to negotiate with-
.
the Monroe County Planning Department a fair and equitable
impact. fee which shall be due and payable by Twin Harbors ,
Inc. as set forth in the Monroe County Comprehensive Land
Use Plan. In the event Twin Harbors , Inc. and the Monroe
County Planning Department:. cannot agree upon. the impact fee ,
then the impact fee shall be determined by the Monroe County
Commission and its decision shall be binding upon the
property owner provided the impact fee does not exceed the
maximum allowable under the Monroe County Comprehensive Land
Use Plan.
5. The parties hereto agree that the intent of this
agreement is to allow Twin Harbors , Inc. to apply for a
development order under the prior maThr development
ordinance of Monroe County , Florida. Upon the execution of
this agreement , Twin Harbors , Inc. shall deliver to the
office of the county attorney to be held in escrr.w , a
written Dismissal of its cause of action with prejudice. In
the event Twin Harbors , Inc. receives a development order
within the next twelve months and the Florida Department of
Community Affairs does not timely appeal the order , Monroe
County shall file the Dismissal with prejudice. In the
event Twin Harbors , Inc. receives a development order and
the Florida Department of Community Affairs does timely
appeal the order , then the Dismissal with prejudice shall be
returned to Twin Harbors , Inc. Twin Harbors , Inc. shall
then be permitted to pursue its remedies in the Circuit
Court of Monroe County. If no development order is receiver!
by Twin Harbors , Inc. within twelve months , Monroe County
ma7,, file Dismissal with prejudice.
• 6 . This is the entire agreement between the parties
and may only be modified by written. instrument executed by
the parties hereto.
A . '
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TWIN ARBORS , INC.
Rieha '(- Thayler
7 MONROE COUNTY
p‘,
.„.,
Mayor
(SEAL)
Attest :
CLERK
.,-
S
PII
,i1 ` VE D AS TO FORM
I)" .Gy'l i. SUFFICI.Eh C Y.
$
41" *-404.414
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