Resolution 371-19886 E 1 4 49 88
556271 11H065 PAN 902 3
Monroe County Covission
RESOLUTION NO. 371-1988
A RESOLUTION OF THE. BOARD OF COUNTY, COMMIS-
SIONERS OF MONROE CO&TY, FLORIDA AUTHORIZ-
ING THE MAYOR /CHAIRMAN OF THE BOARD TO.
EXECUTE A SETTLEMENT AGREEMENT BY AND BETWEEN
MONROE COUNTY, FLORIDA, THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS, AND TWIN
HARBORS, INC. • •
N
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONZU OF
MONROE COUNTY, FLORIDA, that said Board hereby authorises the
Mayor /Chairman of the Board to execute a Settlement Agreen"t by
and between Monroe County, Florida, the Florida Departaeat of
Community Affairs, and Twin Harbors, Inc., a copy of same being
attached hereto.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
• on the 16th day of August A.D. 1988.
BOARD OF COUNTY COMISSIOURS
OF MONROE COUNTY, FLORIDA
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Attest : DANNY_ L KOLI Clerk
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556271 I'll 065 PAN903
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
IN RE: RESOLUTION NO. 1 -88 )L
ISSUED BY THE MONROE COUNTY )
ZONING BOARD TO TWIN HARBORS, )
INC. IN AN AREA OF CRITICAL )
STATE CONCERN. )
CASE NO.
This Agreement is entered into by the FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS (DCA), an agency of the State of Florida,
MONROE COUNTY, a political subdivision of the State of Florida,
and TWIN HARBORS, INC. ( "Developer ").
WHEREAS, the DCA is the state land planning agency and is
authorized by Section 380.07, Florida Statutes, to appeal any
development order in any Area of Critical State Concern (ACSC) to
the Florida Land and Water Adjudicatory Commission ( FLWAC); and
WHEREAS, most of Monroe County, including the subject
property is designated as an ACSC pursuant to Section 380.0552,
Florida Statutes; and
WHEREAS, the Department is authorized to enter into
agreements pursuant to Section 380.032(3) to effectuate the
provisions and purposes of Chapter 380; and
WHEREAS, the Owner and Developer is a Florida corporation
which owns in fee simple absolute 5.88 acres located in Monroe
County, Florida, more particularly described in Exhibit " A " to
this Agreement, and no other person or legal entity has any
interest in said land; and
WHEREAS, a controversy has arisen between DCA and Developer
regarding a development order issued by Monroe County on
February 23, 1988, which granted final approval of a major
development project on the property described in Exhibit A;
WHEREAS, DCA has filed a petition with the FLWAC appealing
the issuance of the development order; and
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556271 .. "'1O65 PA6E0904
WHEREAS, in August, 1987, Twin Harbors, Inc. filed a
complaint against Monroe County in the Circuit Court of Monroe
County, Florida, to require Monroe County to process Twin Harbor,
Inc.'s major development application and for monetary damages;
and
WHEREAS, it is in the best interests of the parties to avoid
the expense and delay of litigation and to enter into agreements
that will secure properly planned developments; and
WHEREAS, DCA, Developer and Monroe County desire to resolve
the controversy and to establish conditions of development as
expressed in the terms of this Settlement Agreement.
NOW THEREFORE, in consideration of the 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. Twin Harbors, Inc., further agrees
it will file no collateral actions relating to the issues set
forth in its original case.
2. Twin Harbors, Inc., will acquire fee simple title to two
acres of additional adjoining land and will acquire 23 additional
dwelling units by transfer of development rights. Twin Harbors
will revise its site plan to include said property, without any
increase in the number of units (140) or developed square footage
(100,936 sq. ft.) of its present planned development, so that the
overall density of the development shall be 17.76 units per acre,
inclusive of all land within the development, including the two
acres purchased. Provided, however, that the developer may
utilize the additional two acres for a tiki bar not to exceed
2,000 square feet, as an accessory use, and a parking area not to
exceed 44,211 square feet.
3. Twin Harbors agrees to pay impact fees to Monroe County
in the amounts specified below:
Transportation Fees
Community Park Fee
Library Fee
Police Fee
$157,500.00
$ 9,630.00
$ 17,100.00
$ 7,678.80
V0
556271
Solid Waste Fee
AEC1065 PAGE0905
$ 4,876.20
Total Fee
$196,785.00
Monroe County agrees to collect impact fees from Twin Harbors at
the time of issuance of the first building permit approved by the
site plan.
4. Developer agrees to comply with all applicable
stormwater management criteria, floodplain management standards,
environmental standards, landscaping, scenic corridor, parking
and loading, outdoor lighting, signs and access standards and
applicable bulk regulation (except the maximum height limitations
set out in Section 9 -403) in the Monroe County Land Development
Regulations in effect on February 23, 1988. Provided however, no
structure or building shall be developed that exceeds a maximum
height of forty -four feet measured from grade level. Appurte-
nances such as elevator penthouse and mechanical equipment and
housing for same shall not exceed forty -nine feet measured from
grade level.
5. In order to bring the Twin Harbors development into
compliance with the current Monroe County Land Development
Regulations specified in paragraphs 2, 3 and 4 above, the
Developer agrees to amend the development plan, including site
plans.
6. Prior to Twin Harbors requesting building permits from
Monroe County, the Developer agrees to submit documentation to
the County and the Department, including, but not limited to,
approved site plans and amended development application,
consistent with the requirements of paragraph 5, proof of
purchase and transfer of development rights, payment of impact
fees, and provide proof that all terms and conditions of
paragraphs 1 through 5, inclusive, of this agreement have been
met.
7. The Developer agrees not to pursue and the County agrees
not to issue building permits until the County receives written
notification from the Department that Twin Harbors has complied
3
55626 It 065 PAC E0906
with all terms and conditions of paragraphs 1 - 5 of this
agreement. The Developer shall submit the documentation required
by paragraph 6 to the Department and the County by certified
mail. within 45 days of receipt,of the documentation, the
Department shall give notice of any objections the issuance of
building permits to the Developer and the County by certified
mail. If the Department fails to object within the time
specified, the County may issue the building permits.
8. Developer agrees to construct a sewage treatment plant
that will provide tertiary treatment which removes nitrates and
phosphates to the maximum extent practicable as approved by the
Monroe County Planning Director and approved and permitted by the
State Department of Environmental Regulation prior to the
issuance of the Certificate of Occupancy for the first building
authorized by the site plan.
9. There will be no phasing of this project. All building
permits shall be obtained at the same time.
10. The Developer asserts and warrants that all written
representations including site plan and other materials submitted
with the application, concerning the project and representations
contained in this Agreement are true, accurate, and correct.
Based upon said representations and statements, the Department
concludes that this Agreement is in the best interest of the
State, is necessary and beneficial to the Department in its role
as a state agency with the responsiblity of administering and
enforcing Chapter 380, Florida Statutes, and reasonably applies
and effectuates the provisions and intent of Chapter 380, Florida
Statutes.
11. 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 Sections 380.06 and 380.11, Florida
Statutes, including a suit to enjoin all - development.
!�
55627f .OFF w0907
12. This Agreement affects the rights and obligations of the
parties under Chapter 380, Florida Statutes. It is not intended
to determine or influence the authority or decisions of any
other state or local government or agency in issuance of any
other permit or approval which might be required by state law or
local ordinance for any development allowed by this Agreement.
13. The terms and conditions of this Agreement shall inure
to the benefit of and be binding upon the heirs, personal
representatives, successors, and assigns of the parties hereto.
The Developer and Owner shall ensure and provide that any
successor in interest in and to any lands or parcels affected by
this Agreement is bound by the terms of this Agreement. The
Developer shall record this Agreement in the official records of
Monroe County, Florida, and shall provide the Department with a
copy of the recorded Agreement, including book and page number,
within two weeks of the date of execution of this Agreement.
14. In consideration of these mutual covenants, the
Department agrees to file a Notice of voluntary Dismissal of its
Petition and Notice of Appeal filed in this matter, within ten
(10) days of the execution of this Settlement Agreement.
15. The date of execution of this Agreement shall be the
date that the last party signs and acknowledges this Agreement.
16. This is the entire Agreement between the parties hereto
and may be modified only by written instrument executed by the
parties hereto.
WITNESS: EVELOPER/
WITNESS: By:
Twin digr t rs Inc.
Hans Res cia
Vice Presi ent /Chief Operating
Officer
W-
55627 1' R 1065 PA 0908
STATE OF FLORIDA
COUNTY OF - m & e e
The foregoing instrument was acknowledged before me this 5 � 6 -
day of , 1988, by 1 -4o►n-v J?os 64cc: , of Twin
Harbors, In t., a Florida corpora ion, on behalf of the
corporation.
Approved as to form and
legal sufficiency:
A ney, Department of
Community ,Affa�x -
WITNESS:
Thomas G. Pelham, Secretary
2740 Centerview Drive
Tallahassee, FL 32399 -2100
(904)488 -0410
WITNESS:��!�t%�
STATE OF FLORIDA
COUNTY OF LEON
The for oin instrument was acknowledged led ed b f e this
�� ✓ day of g , 1988, by . 9'n . of the
Department o?Comhunity Affairs, an agency of t e S ate of
Florida, on behalf of the Department.
dal
WITNESS:
DANNY L. KOLIIAG 6, Clerk
WITNESS: A ,
RY
Atforney'.-
No ry Public, S
' ^k ct rte!
My ommission ex,
ises luq'24, 194 -=
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x
MONROE COUNTY
Z % c�
BY :D
Honorable'Eugene Lytton
Mayor, Monroe County Board
of Commissioners
3180 U. S. 1; Baypoint
Key West, Florida 33040
(305)852 -5050
0
a
Nota y Public,
o Flo
My commission
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exp red "
••YVAI
C•�
J ~ i
DEPARTMENT OF
COMMUNITY
AFFAIRS
r.
B Y:
lC�
Thomas G. Pelham, Secretary
2740 Centerview Drive
Tallahassee, FL 32399 -2100
(904)488 -0410
WITNESS:��!�t%�
STATE OF FLORIDA
COUNTY OF LEON
The for oin instrument was acknowledged led ed b f e this
�� ✓ day of g , 1988, by . 9'n . of the
Department o?Comhunity Affairs, an agency of t e S ate of
Florida, on behalf of the Department.
dal
WITNESS:
DANNY L. KOLIIAG 6, Clerk
WITNESS: A ,
RY
Atforney'.-
No ry Public, S
' ^k ct rte!
My ommission ex,
ises luq'24, 194 -=
r p �
,! C
x
MONROE COUNTY
Z % c�
BY :D
Honorable'Eugene Lytton
Mayor, Monroe County Board
of Commissioners
3180 U. S. 1; Baypoint
Key West, Florida 33040
(305)852 -5050
0
55627! REI 065 A6109 09
STATE OF FLORIDA
COUNTY OF MONROE
The fore ping instrument was acknowledged before me this
)� day of 1988, by 9& gtrt -AAA-&A of the
Mon
on ehalf of t roe County Boar Cou ty Commissioners.
k
r v ,
N'tary P Yi StXte of Florida
My commission ex Tres:
Slate of
June I�t989
My
Stcu TIDY Fri.:- Insursna, loc. *
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'"•ia:
MW wtart
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