Item Q5
BOARD OF COUNTY COMMISSIONERS
Agenda Item Summary
Meeting Date 9/15/04 Division County Attorney
AGENDA ITEM WORDING
Approval of settlement agreement in David TuWe, et al. v. Monroe County. .
ITEM BACKGROUND
David Tuttle, Peter Rosasco, Shelley Pitman, and Harley Evans filed a two count action against
the County seeking 1) a writ of mandamus to compel the County to issue building permits for
4 lots on Big Pine Key and 2) damages for inverse condemnation. The Plaintiffs have proposed
a settlement wherein the County would Issue the permits in exchange for a waiver of their
respective claims for damages.
PREVIOUS RELEVANT BOCC ACTION
Board approved a similar settlement in John Oay et al v. Monroe County, on April 21, 2004.
CONTRACT/AGREEMENTCHANGES:n/a
STAFF RECOMMENDAnONS
Approval.
TOTALCOsr BUDGETED Yes No
COST TO COUNTY SOURCE OF FUNDS
APPROVED BY: County Attorney _ OMB/Purchasing Risk Management
DIVJSION DIRECTOR APPROVAL~ 0 Lk 0 ..ate..~ of 4//. "
JOHN R. COLUNS
DOCUMENTAnON: Included xx
AGENDA ITEM II G\5
In the Circuit Court of the 16th Judicial Circuit
In and for Monroe County, Florida
Middle Keys Civil Division
DAVID TUTTLE, PETER ROSASCO,
HARLEY EVANS, AND SHELLEY PITMAN,
Petitioners,
v. Case No. 04-CA-243-M
MONROE COUNTY, FLORIDA,
A political subdivision of the
State of Florida,
Respondent
I
SETTLEMENT AGREEMENT
COMES NOW the Petitioners, DAVID TUTTLE, PETER ROSASCO, HARLEY EVANS,
AND SHELLEY PITMAN, and the Respondent, MONROE COUNTY, a political subdivision of
the State of Florida, and file this their Settlement Agreement and state as follows:
WHEREAS each of the Petitioners are owners of a residential lot in Big Pine Key,
Florida; and
WHEREAS each of the Petitioners is desirous of building a single family home on their
lot; and
WHEREAS each of the Petitioners has applied for and paid for, and received approval
for the issuance of a permit for a single family home on their lot in Big Pine Key; and
WHEREAS as a result of concurrency standards imposed by the State of Florida, the
Respondent's concerns over traffic generation that may be caused by the construction of
these homes resulted in the Respondent's decision to not issue the Petitioners' permits; and
WHEREAS the Respondent initiated an administrative proceeding under the Beneficial
Rights proceedings of Section 9.5-171 of the Monroe County land Development Regulations
in regards to the Petitioners' permits; and
WHEREAS, the Beneficial Use hearing officer issued a proposed determination which
found that the Petitioners' impact from building a single family home on their residential lots
in Big Pine Key would have de minimus effect on the concurrency requirements that had
been imposed on Monroe County, and recommended that the permits be issued to the
Petitioners; and
WHEREAS the Respondent, by actions of the Board of County Commissioners,
accepted the finding of the Special Master's Beneficial Use determination with respect to
Petitioners DAVID TUTTLE, PETER ROSASCO, AND SHELLEY PITTMAN by Resolution
#263-2002, dated June 19, 2002; and
WHEREAS the Respondent, by actions of the Board of County Commissioners,
accepted the finding of the Special Master's Beneficial Use determination with respect to
Petitioner Harley Evans by Resolution 278-2003 on July 15, 2003; and
WHEREAS the Petitioners have initiated these proceedings to obtain the permit that is
the subject of the Beneficial Rights determination and Resolution #263-2002; and
WHEREAS the parties desire to amicably resolve all issues between them relating to
this litigation; and
WHEREAS the parties further agree that it is in the best interest of the parties to
terminate the litigation, to allow the Petitioners to build their single family homes, to buy
peace in the matter, and to avoid further expense and delay that may be attendant upon this
litigation.
NOW THEREFORE in consideration of the mutual covenants and conditions
contained herein and for other good and valuable consideration the receipt and sufficiency of
-"-~--'" '-'-'''..'----- .
which are hereby acknowtedged, the parties agree to settle the instant proceedings as
follows:
1. Each of the Petitioners has applied for, paid for, and received approval for the
construction of a single family home on their respective lots in Big Pine Key,
Monroe County, Florida, and such approval is currently in effect.
2. The Monroe County Building Department shall issue to Petitioners DAVID
TUTTLE AND PETER ROSASCO a building permit to construct one single
family home on Lots 32 and 33, Doctors Arm Subdivision, 3rd Addition, Section
C, Big Pine Key, Florida.
3. The Monroe County Building Department shall issue to Petitioner HARLEY
EVANS a building permit to construct a single famity home on Lot 42, Block 24,
Eden Pines Colony, Big Pine Key, Florida.
4. The Monroe County Building Department shall issue to Petitioner SHELLEY
PITMAN a building permit to construct a single family home on the parcel
described in the warranty deed recorded in the official records of Monroe
County at Book 2025, page 1290, which was attached to the first Amended
Petition in the instant matter as Exhibit A and incorporated therein.
5. Upon the issuance of the permits to the Petitioners, the Petitioners shall have
all the rights, responsibilities and duties that the Monroe County Code and Land
Development Regulations grant to builders of single family homes in Monroe
County, Florida.
6. Upon the conclusion of the process for the issuance of the above-referenced
permits and the expiration of the period for the Department of Community
Affairs to review the Petitioners' permits, the Petitioners shall file a notice of
voluntary dismissal with prejudice of the above-styled action.
.
7. By entering into this agreement, the parties agree to waive and release any
claims that were raised or could have been raised in this litigation. After
approval of this agreement by the Court, all parties shall exchange mutual
releases in a format customarily used in this County. All parties acknowledge
there is other litigation, presently on appeal between some of these parties and
this Agreement is not intended, nor shall it be construed to, waive any rights in
any other pending litigation or appeal.
8. Each party shall bear its own attorney's fees and costs in connection with this
litigation. In the event it becomes necessary for any party to this litigation to
commence legal proceedings to enforce the terms of this agreement, the
prevailing party shall be entitled to reasonable attorney's fees and costs in
connection with such action.
9. By entering into this Settlement Agreement, the parties do not acknowledge the
merits or lack of merits of these proceedings. Rather, the parties have entered
into this agreement for the purpose of avoiding further expense and delay
inherent in litigation of this nature.
10. The Court shall retain jurisdiction over the parties to the subject matter of these
proceedings, and shall enter any orders or judgments which are just, lawful, and
appropriate under the circumstances.
Robert B. Shillinger, Esq. (Date) Franklin D. Greenman, Esq. (Date)
Assistant County Attorney GREENMAN & MANZ
P.O. Box 1026 5800 Overseas Highway, Suite 40
Key West, FL 33041-1026 Marathon, FL 33050
(305) 292-3470 (305) 743-2351
Attorney for the Responde~ON Attorney for the Petitioners
FBN:058262 A FBN: 290815
0 R B. SHILLINGER, JR.
Date AS:.'.STA~~~~~~l-1TORNE~"_
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