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Resolution 512-1988Randy Ludacer, County Attorney RESOLUTION NO. 512 -1988 A RESOLUTION OF THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZ- ING THE MAYOR/CHAIRMAN OF THE BOARD TO ACCEPT AND EXECUTE A SETTLEMENT AGREEMENT BY AND BETWEEN MONROE COUNTY, FLORIDA, A. DEFREITAS t/a TRADEWIND BUILDERS OF MONROE COUNTY, INC. AND THE DEPARTMENT OF COMMUNITY AFFAIRS. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Mayor/Chairman of the Board is hereby authorized to accept and execute a Settlement Agreement by and between Monroe County, Florida, A. DeFreitas t/a Tradewind Builders of Monroe County, Inc. and the Department of Community Affairs, 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 4th day of October, A.D. 1988. (SEAL) Attest : DAly T� Y , clerk er BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By r May C airman 0 <:3 o C_j .1 .) _ J .J J N � APPR,QQAS O faRM AND T SUfCIENCY. i BY Attorney's Office STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, VS. CASE NO. 88-0287 A. DEFREITAS t/a TRADEWIND BUILDERS OF MONROE COUNTY, INC., and MONROE COUNTY, FLORIDA Respondents. SETTLEMENT AGREEMENT Pursuant to Section 380.032(3), Florida Statutes, the parties to this appeal, Monroe County, Florida, a political subdivision of the State of Florida (hereinafter, Monroe County), the State of Florida Department of Community Affairs (hereinafter, DCA), and A. DeFreitas (hereinafter, DeFreitas), hereby agree as follows: 1. A. DeFreitas is the owner of Lot 1, Block 36, Seaview Subdivision, Big Pine Key, Monroe County, Florida (hereinafter referred to as the subject property). The subject property was zoned GU under Section 19-108, Monroe County Code Regulations in effect prior to September 15, 1986, and was an existing lot, platted and recorded in a recognized subdivision prior to May 1, 1973. 2. On August 27, 1985, A. DeFreitas, through his duly authorized agent, Tradewinds Builders of Monroe County, Inc., submitted an application for a land clearing, fill and building permit to Monroe County for the construction of a single-family residence on the subject property. 3. Monroe County received the application for building permit and began processing the same by submitting it to various agencies and entities including but not limited to the State of 1 Florida Department of Health and Rehabilitative Services, for review and approval. 4. On October 30, 1985, Monroe County issued a letter of denial for the land clearing and fill permit. Said order was appealed and on October 6, 1987, the Board of County Commissioners of Monroe County, Florida, sitting as the Board of Appeals, reversed the denial of the land clearing and fill permit through passage of Resolution No. 382-1987 and approved the construction of a single-family residence on the subject property. 5. The Department of Community Affairs appealed the action of the County on the basis that there was no valid and active application for permit and that the approval violated the Monroe County Land Development Regulations, the Principles for Guiding Development, and the Comprehensive Plan and Land Development Regulations. ACCORDINGLY IT IS AGREED THAT: a. DeFreitas shall provide a specific site plan, drawn in accordance with the terms of this agreement, to the Department of Community Affairs prior to the commencement of construction on the subject property. b. DeFreitas shall place the residence and septic area as far back onto that portion of the subject property denoted as Areas 3/4 on the vegetation survey dated June 14, 1985, prepared by Ann Williams, which areas have been determined to be the least environmentally sensitive areas on the property and which areas are characterized by predominately upland species of vegetation and are the highest elevations on the subject property. Such location shall be consistent with the concept proposed in the Ecological Survey Report of the subject property prepared by Dr. Art Weiner, Ph.D., on February 22, 1988. C. Defreitas agrees that the only sewage treatment unit to be constructed on the subject property is an aerobic sewage 2 treatment unit in order to minimize the use of fill on the subject property. d. DeFreitas shall not fill except on the area directly beneath the house, and upon the smallest possible area required for a driveway leading from the house to the driveway upon the adjoining property owned by the applicant's sister and brother- in-law, Mr. and Mrs. Hicks. e. DeFreitas shall obtain a perpetual easement to run with the land from Mr. and Mrs. Hicks for the use of the existing driveway upon Hicks' property for access to the subject property and shall record the same in the Public Records of Monroe County, Florida. f. DeFreitas shall be entitled to land clearing, fill, and building permits in accordance with the application of record and the terms of this Agreement. DeFreitas shall not commence construction of the residence on the subject property until all required permits from State and Federal agencies having jurisdiction have been obtained. It is stipulated that the Monroe County Code as it existed on the date of application rather than the Monroe County Land Use Plan subsequently adopted is applicable to this project as presently approved pursuant to the terms of this Agreement. g. This agreement is enforceable pursuant to Sections 380.11, Florida Statutes. The prevailing party in any enforcement proceeding shall be entitled to recover those costs and attorneys fees allowed by law together with investigative costs and expenses incurred in such proceedings. h. DeFreitas agrees to record this executed agreement with the Clerk of the Circuit Court in the official records of Monroe County which includes the terms and conditions upon which approval for development is given and said terms and conditions shall run with the land and shall be enforceable against all successors, heirs or assigns of the parties; additionally, 3 DeFreitas shall provide to the Department proof of recording this Agreement. i. Upon receipt of proof of recording this Agreement the Department will file its Notice of Voluntary Dismissal in this cause. W. S. Smallwood A. DeFreitas ' 209 Duval Street Key West, FL 33040 1XK0s ODN'STANTOURI8 ( 305 ) 296-0146 Notary Pi'bllc, State of New York No. 41-4753254 Ot!ali.fled in Queens County gyp • ,e , f"r rn.n'saic;7 Expires �/7 / 19 t"/ STATE COUNTY Before me personally appeared A. DeFreitas to me well known and known to me to be the person described in and who executed the foregoing instrument, and acknowledge to and before me that he executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this,22 l✓day of A.D., 1988. My commission expires: Do" 0CPjSTAPTOUPiS Notary Public, State of New Ycrk No. 41-4753254 flnalifled In Oueens C url �y GbminisaicA Expires DANNY L. I OLHAGE , C ; r rNW;,6ry Public" -- State of a MONROE COUNTY, FLORIDA e rT Title: Mayor airman 500'Whitehead Stre t Ke� West, FL 33040 (305) 294-4641 STATE OF FLORIDA COUNTY OF MONROE 'rk �� �, L y , o� SR 140 Before me personally appeared obedi a t. Coptit to me well known and known to me to be the persorn described ig and who executed the foregoing instrument, and acknowledged to and before me that to executed said instrument for the purposes therein expr se . WITNESS my hand and official seal, this ff� day of Aikal A.D. 1988. 4 My commission expires: (seal) John M. Carlson Senior Attorney Dept. of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399-2100 STATE OF FLORIDA COUNTY OF LEON Ado ary Pub is State of Florida at large DEPARTMENT OF COMMUNITY AFFAIRS By: Thomas G. Pelham, Secretary Before me personally appeared to me well known and known to me to be the person described in and who executed the foregoing instrument, and acknowledge to and before me that executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this day of A.D. 1988. My commission expires: (seal) Notary Public State of Florida at Large 5