Resolution 117-1988
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Monroe County Commission
RESOLUTION NO. 117 -1988
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, AUTHO-
RIZING THE MAYOR TO EXECUTE AN AGREEMENT BY
AND BETWEEN THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AND SUMMERLAND KEY PROPERTIES,
INC. CONCERNING RESTORATION OF CERTAIN
PROPERTY SITUATED ON SUMMERLAND KEY, MONROE
COUNTY, FLORIDA.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Mayor is hereby authorized to
execute an Agreement by and between the Monroe County Board of
County Commissioners and Summerland Key Properties, Inc., a copy
of same being attached hereto, concerning restoration of certain
property situated on Summerland Key, Monroe County, Florida.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the \';'')'c'day of ~Qf'~, A.D. 1988.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:g~",i-
C I N'
(SEAL)
At tes t :DANNY L. KOLHAGE, Clerk
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, LERK
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AGREEMENT
This Agreement is entered into this _ day of March,
1988, between the Monroe County Board of County Commissioners
(the "County") and Summerland Key Properties, Inc. ("Summer-
land"), the owner of certain real property described in attached
Exhibi t A (the "Property") and located in Summerland Key,
Monroe County, Florida, with respect to the following cir-
cumstances:
A. On February 20, 1980, Summerland filed a joint ap-
plication with the Florida Department of Environmental Regula-
tion ("DER") and the United states Army Corps of Engineers (the
"Corps") for a permit to excavate approximately 1. 5 million
cubic yards of fill from approximately 23 acres of land on
Summerland Key, and to construct a road for hauling the ex-
cavated fill.
B. On May 5, 1980, the South Florida Regional Planning
Council voted to approve the Project as proposed in Summer-
land's joint-application to DER and the Corps.
C. On September 26, 1980, DER wrote Summerland a letter
stating, "[a]t this time no permit is required for your project
by this department, and there are no objections to your propo-
sal."
D. On October 29, 1982, the Corps issued Summerland a
permit to temporarily discharge 17,780 cubic yards of fill
for construction of a temporary haul road for the borrow pit.
By letter dated November 1, 1985, the Corps extended Summer-
land's permit until October 29, 1987.
E. On June 9, 1980, Summerland applied to the County for
permission to excavate approximately 1.5 million cubic yards
of fill from the area described in its joint application to
DER and the Corps. Because of the size of the property in-
volved, Summerland's application was made in accordance with
Monroe County's "Major Development Ordinance" (Ordinance No.
21-1975 codified at Sections 6-221 through 6-245, Monroe County
Code).
F. On July 22, 1980, the County Zoning Board (the "Zoning
Board") held a public hearing on Summerland's major development
application and on July 24, 1980, issued resolutions
(a) approving the community Impact study submitted by Summerland
as part of its major development application and (b) granting
Summerland preliminary major development approval subject to
the following conditions:
(a) The recommendations of John carbon, Monroe
County Environmental Biologist, be transferred to
the Final Drawing as per John Petsche survey.
(b) Dedication of land to Monroe County, with
legal substance to be concurred upon by Applicant's
attorney and the County Attorney.
(c) Access (ingress/egress) be afforded to the
Property.
G. On September 25, 1980, the Zoning Board held a public
hearing on Summerland's request for final major development
approval, and on October 2, 1980, the Zoning Board issued a
resolution granting Summerland final major development approval
subject to the condition that:
Final Approval shall not become effective
until such time as an agreement has been
delivered to the office of the County
Attorney, properly executed, which would
call for the passing of this property
after 15 years from the date of governmental
approval (Board of County Commissioners)
and permits and that conveyance of title
will take effect without the County having
to take any further action.
H. On October 6, 1980, the County transmitted to the
Department of Community Affairs ("DCA"), pursuant to Section
380.07(2), Florida Statutes, a copy of the final major develop-
ment approval issued to Summerland on October 2, 1980. DCA
did not appeal the major development order as permitted under
Section 380.07(2), Florida Statutes.
I . On October 21, 1980, the Board of County Commissioners
approved Summerland's proposal to excavate the Property,
pursuant to section 19-111(b) (2), Monroe County Code, and, as
set forth in Resolution No. 263-1980, authorized the execution
of an "Agreement of option to Purchase" between Su_erland
and the County in satisfaction of the condition contained in
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the Zoning Board's resolution of October 2, 1980. This Agree-
ment was duly executed by the parties and recorded in the
Monroe County Public Records at Official Record Book 822 Pages
1029-1034.
J. On December 9, 1980, the Building Department issued
Summerland permit no. 7508A for the excavation of the Property.
K. Sections 6-16.1(5) (a)13a and 6-39(a) (13)a Monroe
County Code, provide for the payment of a flat annual fee for
excavation activities.
L. On November 12, 1981, Summerland applied for and
received annual renewal excavation Permit no. 8847A.
M. On December 29, 1982, Summerland applied for and
received annual renewal excavation permit no. 10045A.
N. On February 27, 1984, Summerland applied for and
received annual renewal excavation permit no. 11483A.
O. On December 12, 1984, Summerland applied for and
received annual renewal excavation permit no. 12650A.
P. DCA did not appeal any of the annual renewal excava-
tion permits referred to in paragraphs J through o.
Q. On December 12, 1985, Summerland applied to the
Building Department for an annual renewal excavation permit.
On January 10, 1986, the Building Department issued Summerland
annual renewal excavation permit no. 14578A.
R. On March 6, 1986, DCA appealed annual renewal permit
no. 14578A to the Florida Land and Water Adjudicatory Commission
pursuant to Section 380.07(2), Florida Statutes.
S. By agreement dated December 19, 1986, the County,
DCA and Summerland stipulated to the dismissal of DCA's appeal.
T. On January 16, 1987, Summerland applied for and
received annual renewal excavation permit no. 16740A. On
March 6, 1987, the County and Summerland agreed to the cancella-
tion of permit no. 16740A, no further County permits beiNJ
required for the excavation of Summerland's property, except ~(~
those required hereinafter.
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u. On March 17, 1987, the Florida Land Water and Ad-
judicatory Commission entered a Final Order of Dismissal on
DCA's appeal of permit no. 14578A.
V. By virtue of the Major Development Approval for mining
on the Property, the County Commission's authorization of the
excavation of the Property, the County's continuous issuance
of the annual renewal excavation permits referred to in para-
graphs J through Q, and Summerland's mining-related activities
on the Property, excavation was the existing authorized use
of the Property on september 15, 1986. continuation of mining
activities on the Property will not result in an adverse effect
on the community character of the Summerland Key area.
W. Summerland and the County are desirous of settling
the various disputes between them relating to Summerland's past
and future excavation of the Property and Summerland' s ac-
tivities in connection therewith.
IN CONSIDERATION of the foregoing, the mutual cove-
nants contained herein, and other good and valuable considera-
tion, the receipt and sufficiency of which are hereby ack-
nowledged, the County and Summerland agree as follows:
1. The foregoing recitals set forth in paragraphs
A through W above are true and correct.
2. The County shall cancel and nullity the "stop
work" notice on the Property upon execution of this Agreement.
3. Summerland shall establish a credit at a local
nursery in the amount of $2,500. The County and Summerland
agree that this amount is sufficient to enable the County to
acquire 40 thatch palms 2 feet in height, with liners, and 20
joewoods 2 feet in height, with liners, for use by the County
in landscaping and revegetation projects.
4. Summerland shall remove any debris which has been
placed in wetlands on the Property.
5. Summerland shall pay 2 biologists to spend a
total of eight hours each collecting, sorting and baqqinq se.as
from a tropical hardwood hammock approved by the County. The
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collected, sorted and bagged seeds shall be delivered to the
County.
6. Paragraphs 3, 4 and 5 shall be performed no later
than April 30, 1988 unless the County Planning Director agrees
to a later date.
7. until such time as the Property is fully ex-
cavated, Summerland agrees to remove any exotic vegetation
which grows on the portion of the Property which has been
cleared for excavation.
8. Summerland does not intend to use the proposed
access road through wetlands previously approved by the County
and permitted by the Corps of Engineers. Instead, Summerland
intends to use an existing access road to the site which will
eliminate the impact on wetlands which would result from con-
struction of the proposed approved access road. Summerland
shall submit to the Monroe County Planning Commission an ap-
plication for modification of the major development approval
to allow use of the existing access road. Because Summerland
has agreed to convey the property to the County for a public
park when excavation is completed, Summerland agrees to improve
the existing access road to the extent necessary so that it
will be serviceable for public park purposes. Summerland shall
also submit to the Monroe County Planning Commission an
application for modification of the major development approval
to provide that the conveyance of title to the Property to
the County, required by the major development approval, shall
occur fifteen years from the date of this Agreement.
9. Except as provided herein, Summerland may con-
tinue to excavate the Property in accordance with the terms
and conditions of the County's major development approval of
October 2, 1980 and no further County permits or approvals
shall be required. Summerland shall continue to pay the County
annual renewal excavation fees as long as the Property continues
to be mined.
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10. On February 28, 1986, the Monroe County Board
of county Commissioners adopted land development regulations
(Volume III of the Monroe County Comprehensive Plan) which
were approved, as amended, by the Governor and cabinet, effec-
tive September 15, 1986 (the "Land Development Regulations").
with respect to future excavation activities, the applicable
provisions of the Land Development Regulations are contained
in section 1-102(C). To the extent not inconsistent with the
continuation of mining operations in accordance with approvals
and permits of other governmental agencies, Summerland agrees
to comply with the County's Land Development Regulations
concerning resource extraction activities, set forth in
Sections 9-1501 through 9-1503 of the Monroe County
Comprehensive Plan, Volume III.
11. Notice. All notices of request, demand and other
communications hereunder shall be addressed to the parties as
follows:
As to Summerland:
Summerland Key Properties, Inc.
15223 Cape Drive South
Jacksonville, Florida 32226
with a copy to:
Keycology, Inc.
414 Simonton Street
Key West, Florida 33040
As to the County:
County Administrator
Monroe County
310 Fleming Street
Key West, Florida 33040
With a copy to:
County Attorney
Monroe County
310 Fleming street
Key West, Florida 33040
12. Miscellaneous.
(a) This Agreement shall be binding upon and
shall inure to the benefit of the parties and their heirs,
successors and assigns.
(b) This Agreement contains the entire agreement
between the parties with respect to the subject matter hereof.
This Agreement incorporates all previous understandings, discus-
sions, agreements, representations and intentions with respect
to the subject matter hereof and no representations, either
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oral or in writing, express or implied, shall be binding on
the parties with respect to the subject matter hereof unless
expressly set forth herein.
(c) No change or modification of this Agreement
shall be valid unless it is in writing and executed by the
party to be bound.
(d) This Agreement is not a "development order"
wi thin the meaning of section 380.07 (2), Florida Statutes
(1986 Supp.) and as defined in section 380.031(3), Florida
statutes (1985).
(e) This Agreement shall be construed in accor-
dance with and governed by the laws of the State of Florida.
WITNESSES:
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
BY:
STATE OF FLORIDA
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COUNTY OF MONROE
I HEREBY CERTIFY that on this day before me, an
officer duly authorized to take acknowledgements, personally
appeared
as
for the Monroe County Board of County Commissioners,
to me known to be the person who acknowledged before me that
he/she executed the same.
WITNESS my hand and official seal in the county and
state last aforesaid this
day of March, 1988.
Notary Public
My Commission Expires:
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WITNESSES:
SUMMERLAND KEY PROPERTIES, INC.
By:
STATE OF FLORIDA )
) 55.
COUNTY OF MONROE )
I HEREBY CERTIFY that on this day, before me, an
officer duly authorized to take acknowledgements, personally
appeared
, as
for Summer land Key properties, Inc., to me
known to be the person who acknowledged before me that he/she
executed the same.
WITNESS my hand and official seal in the county and
state last aforesaid this
day of March, 1988.
My Commission Expires:
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LEGAL DESCRIPTION
Situated on Summerland Key in the County of Monroe
and State of Florida and known as being a part of Government
Lot 6, section 26, Township 66 South, Range 28 East, and bounded
and described as follows;
Commencing at the intersection of the centerlines of
Cross Street and Center Road as shown by the plat of Niles
Channel Subdivision recorded in Plat Book 5, Page 9, of Monroe
County Public Records, said centerline of Center Road being
also the easterly line of section 26, Township 66 South, Range
23 East; thence bear South along the said centerline of Center
Road, 325.00 feet to its intersection with the Southerly line
of Government Lot 6, section 26, Township 66 South, Range 28
East, thence bear West along the said southerly line of Govern-
ment Lot 6, 425.00 feet described; thence continue bearing
West along the said southerly line of Government Lot 6, 2322.51
feet; thence bear North 229.98 feet; thence bear North 68
degrees. 44 minutes, 44 seconds East 985.55 feet; thence bear
East 408.00 feet; thence bear South 73 degrees, 12 minutes,
25 seconds East 1040.37 feet; thence bear South 286.67 feet,
back to the Point of Beginning and containing 24.1074 Acres.
EXHIBIT A
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