Resolution 100-1984
RESOLUTION NO.
1 00-1984
A RESOLUTION DIRECTING THE COUNTY
ATTORNEY TO ENTER INTO AN AGREEMENT
OF STIPULATION TO DISMISS THE LAWSUIT
ENTITLED MONROE COUNTY, ETC.,
PLAINTIFF V. KAW AMA YACHT CLUB, ETC.,
DEFENDANT V. MONROE COUNTY AND KEN
SORENSEN, COUNTER-DEFENDANT AND
THIRD-PARTY DEFENDANTS.
WHEREAS, a dispute exists between the parties, presently in litigation in Circuit
Court, and genuine issues exist on both sides, and
WHEREAS, the Defendant, KAW AMA YACHT CLUB has negotiated with the
County and the other parties hereto to settle this case based on revised plans for the
"Tower", and
WHEREAS, new construction plans were drawn on April 1, 1984 to reflect a
building to be located on the building site at KA W AMA YACHT CLUB of a building
consisting of four (4) floors, which shall be forty-four (44) feet tall and consist of forty-
eight (48) units and clubhouse, and the Board of County Commissioners finds the same to
be in substantial compliance and accordance with the approved site plan presently under
Building Permit No. C9709, and
WHEREAS, the Department of Community Affairs has indicated to the County
Attorney's office that the aforesaid plans and revised building meets with its approval and
that it does not intend nor desire to continue its Petition to Intervene, and
WHEREAS, all parties to the cause have agreed and consider the negotiated
settlement proposal to be advantageous to the citizens of Monroe County, NOW
THEREFORE,
BE IT RESOLVED BY THE MAYOR AND COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that;
The ~"'ayor and County Commissioners of Monroe County do hereby direct and
empower the County Attorney to enter into a settlement agreement with KAWAMA
YACHT CLUB, Defendant, in the above-styled case to permit the erection of the building
and clubhouse in accordance with the plans drawn by Mr. Cabarrocas, dated April 1, 1984,
and consisting of four (4) sheets, which building shall be forty-four (44) feet tall, have four
(4) living floors on stilts and consists of forty-eight (48) units and that the same be
constructed under Building Permit No. C-9709 which is hereby held valid and operative,
and
That in the event of a sucessful attack upon this Resolution and/or the
settlement agreement entered thereon in Case No. 84-20075-CA-17 in Circuit Court of
the Sixteenth Judicial Circuit, In and For Monroe County, Florida, it is herein provided
that the original plans shall be deemed valid and operative and that the same be permitted
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to be constructed under the subject building permit as though the agreement made in this
Resolution and settlement in the aforementioned law suit had not been made.
That further, the Commission instructs the County Attorney that in said
settlement that all parties are to be discharged from said suit by dismissal with prejudice,
and that the costs of the individual parties shall be borne by the individual parties. Any
and all other conditions needed or necessary to protect the interest of the respective
parties shall be incorporated in said agreement and the same shall be reduced to Judgment
by the Court under whose jurisdiction this cause remains.
Passed and adopted by the Board of County Commissioners of ~10nroe County,
Florida, at a special meeting of said Board held on the 4th day of April, A.D. 1984.
BOARD OF COUNTY COMMISSIONERS
OF MONROE QOUNTY, FLORIDA
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By:
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Mayor IChairman
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(SEAL)
Attest:
DANNY L. KOLHAGE, Clerk
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