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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 B y a a i mm_ .(Seal) Attest : DANNY_ L KOLI Clerk er ,I : .-0 FUnfA C 77 �tiii^cj V4 itnPas Thb 000 of `M -- R.D., - pAIeTNY L. KOLF - Arvt Cl TrCircuit Ort Ickc Y. /it o � &° ao ,I : .-0 FUnfA C 77 �tiii^cj V4 itnPas Thb 000 of `M -- R.D., - pAIeTNY L. KOLF - Arvt Cl TrCircuit Ort Ickc Y. /it 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 1 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 -= 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 a Nota y Public, o Flo My commission .. N 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. * �d IN '"•ia: MW wtart 7