Resolution 437-1994
Planning Department
RESOLUTION NO. 437-1994
A RESOLUTION APPROVING A JOINT STIPULATED
SETTLEMENT AGREEMENT BETWEEN SHARK KEY
DEVELOPMENT CORP., THE DEPARTMENT OF
COMMUNITY AFFAIRS, AND MONROE COUNTY; ~
AUTHORIZING THE MAYOR TO EXECUTE THE~ ;
SETTLEMENT AGREEMENT ~ ~ ~
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WHEREAS, Shark Key Development Corp., Monroe Go~nty, alnd '~he
Department of Community Affairs reached a Stipul~e'd ser\le~. t
Agreement on July 1, 1992 and anticipated that the: StJ;iula:ted
Settlement Agreement would be formalized in a subsequent develop-
ment agreement; and
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WHEREAS, pursuant to joint motion of the parties, the Circuit
Court has entered an order on June 7, 1993, staying all proceed-
ings until the Florida Dept. of Community Affairs (DCA) finds the
Monroe County Comprehensive Plan, transmitted in 1992, in compli-
ance, and a Development Agreement is executed between the State
and Monroe County, and
WHEREAS, as of this date, DCA has not approved the Monroe
County Comprehensive Plan; and
WHEREAS, Florida case law now authorizes a governmental body
to enter into a judicially approved settlement agreement that may
exceed the limitations of statutes and ordinances which the gov-
ernmental body would otherwise apply, see Abramson v. the Flori-
da Psvcholoqical Association, 634 So. 2d 610 (Fla. 1994); Kruer
v. Board of Trustees, 19 Fla. L. Weekly D872 (Fla. 1st DCA April
18, 1994); and
WHEREAS, the Stipulated Settlement Agreement between Plain-
tiffs and Monroe County was entered into in good faith, without
suggestion of collusion, and the Agreement does not threaten the
health, safety, welfare or morals of the citizens of Monroe Coun-
ty; NOW THEREFORE
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA THAT:
Section 1. The Mayor of Monroe County, Florida is hereby
authorized to execute the Stipulated Settlement Agreement between
the parties in Case No. 91-806-CA-18 of the Circuit Court of the
16th Judicial Circuit, Monroe County, FL, as presented to the
Board on this 18th day of April, 1995.
Section 2. The terms of this Agreement shall become effec-
tive upon rendition of a final judgment in the Circuit Court of
the Sixteenth Judicial Circuit incorporating the terms of this
Agreement.
The Clerk of the Board is hereby directed to forward one (1)
certified copy of this Resolution to the Division of Growth
Management.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 14th day of December, A.D., 1994.
Mayor Freeman yes
Mayor Pro Tern London yes
Commissioner Douglass yes
Commissioner Harvey yes
Commissioner Reich yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
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MAY /CHAIRMAN
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BY'~ C. ~~
DEPUTY CLER
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