Resolution 585-1992J
Planning Department
RESOLUTION NO. 585-1992
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COMMISSIONERS AUTHORIZING THE MAYOR TO
EXECUTE, ON BEHALF OF MONROE COUNTY,
FLORIDA, AN AGREEMENT BETWEEN THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS, MONROE
COUNTY, SUNDAY BAY AND PETER CLASCA
GENERAL CONTRACTOR CORPORATION CONCERNING
A PORTION OF TRACT 5 OF MANDALAY
SUBDIVISION, KEY LARGO, MONROE COUNTY,
FLORIDA, AND LOCATED AT APPROXIMATE MILE
MARKER 97.7
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WHEREAS, Sunday Bay is the owner of real property know as:
A portion of Tract 5 of the Amended Plat of Mandalay subdivi-
sion, Key Largo,Monroe County, Florida
herein referred to as "the subject property"; and
WHEREAS, Peter Clasca General Contractor Corp. is the gener-
al contractor for the owner; and
WHEREAS, on January 29, 1980, Monroe County issued Resolu-
tion No. 30-1980 granting major development approval for Sunday
Bay, a project to consist of 120 condominium units and a fifty -
slip marina; and
WHEREAS, subsequent to January 29, 1980, approximately one-
third of the proposed development was constructed and building
sites cleared. Development was then halted due to bankruptcy and
foreclosure proceedings on or about August 15, 1988, and no fur-
ther development has occurred since that date; and
WHEREAS, on July 3, 1991, Monroe County issued building
permits numbered 9130004156 and 9130004172 for completion of the
Sunday Bay major development project and rendered the permits to
the Department of Community Affairs on July 8, 1991; and
WHEREAS, the Florida Department of Community Affairs filed a
Notice of Appeal with the Florida Land and Water Adjudicatory Com-
mission appealing the issuance of the Monroe County Building
Permits No. 9130004156 and 9130004172, alleging that the permits
are not in compliance with applicable provisions of the Monroe
County land development regulations; and
WHEREAS, The Florida Department of Community Affairs, Sunday
Bay and Peter Clasca General Contractor Corp. desire to amicably
settle and resolve the foregoing dispute by agreement; and
WHEREAS, the Florida Department of Community Affairs, Sunday
Bay and Peter Clasca General Contractor Corp. and Monroe County
agree to the following:
I. Sunday Bay shall be allowed to construct one hundred twenty
condominium units. If one or more units at Sunday Bay is de-
stroyed in whole or in part a a result of fire, windstorm, act of
God or any other force majeure, Sunday Bay may rebuild any
units so destroyed. Sunday Bay may not, however, increase densi-
ty beyond that authorized by the building permits which are the
subject of this appeal;
2. Within ninety (90) days after the effective date of this
agreement, Sunday Bay shall purchase ten (10) transferable devel-
opment rights ("TDRs") from environmentally sensitive lands in
Monroe County and retire same so as to permanently eliminate that
development potential. Nor portion of the TDRs so acquired shall
be used to increase density on any land in Monroe County. Sunday
Bay shall provide the DCA and Monroe County proof of purchase and
retirement of the TDRs;
3. The buildings and structures to be constructed on the site
shall not exceed thirty-five (35) feet in height. This provision
is intended to create a covenant running with the land and shall
not be subject to change unless agreed to in writing by the par-
ties hereto;
4. The development of Sunday Bay shall be completed in one con-
tinuous phase. Building permits and construction shall be active-
ly maintained and pursued until construction is completed;
5. The marina may not be used for commercial purposes. The
marina slips are for the exclusive use of their owners and guests
at Sunday Bay. This provision is intended to create a covenant
running with the land and shall not be subject to change unless
agreed to in writing by the parties hereto;
6. Within ten (10) days after the effective date of this agree-
ment, Sunday Bay shall record this agreement in the public
records of Monroe County, Florida, and shall provide to DCA and
Monroe County proof of recordation, including the official book
and page number where recorded; and
WHEREAS, the staff report by Lorenzo Aghemo, Director of
Planning, found that the agreement between the Florida Department
of Community Affairs, Sunday Bay and Peter Clasca General Contrac-
tor Corp. complies with the Monroe County Land Development Regula-
tions; and
WHEREAS, the Director of Planning and the planning staff
consider the agreement to be in the public health, safety and
welfare; and
WHEREAS, therefore, the staff report by Lorenzo Aghemo,
Director of Planning, recommends approval of the agreement and
recommends that the Board of County Commissioners authorize the
Mayor to execute the agreement between the Florida Department of
Community Affairs, Sunday Bay and Peter Clasca General Contrac-
tor Corp.;
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA THAT:
That the Board of Commissioners of Monroe County, Florida,
agrees with the recommendation of the Director of Planning
that the execution of this agreement would be in the best inter-
ests of the citizens of Monroe County and we hereby approve and
adopt the agreement between the Florida Department of Community
Affairs, Sunday Bay and Peter Clasca General Contractor Corp.; and
That the Mayor is hereby authorized to execute the agree-
ment between the Florida Department of Community Affairs, Mon-
roe County, Sunday Bay and Peter Clasca General Contractor Corp.,
a copy of said agreement is attached hereto and incorporated by
reference; and
That the Clerk of the Board is hereby directed to forward
three certified copies of the agreement 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 8th day of December , A.D. , 1992.
Mayor London Yes
Mayor Pro Tem Cheal Yes
Commissioner Harvey Yes
Commissioner Freeman Yes
Commissioner Reich Yes
BOARD OF COUNTY COMMISSIONERS
OF NROE COUNTY, FLORIDA
By u�
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BY.,a O-Ut ^ • &
DEPUTY CLERK
MAYOR/CHAIRMAN
BY
STATE OF FLORIDA
LAND AND WATER ADJUDICATORY COMMISSION
DEPARTMENT OF COMMUNITY AFFAIRS,
Petitioner,
V.
CASE NO. 91-APP-041
SUNDAY BAY, a Joint Venture of
Bayshore Credit Corp. and Clasca
Enterprises, Inc.; PETER CLASCA
GENERAL CONTRACTOR CORP., Contractor;
and MONROE COUNTY, a political sub-
division of the State of Florida.
AGREEMENT
THIS AGREEMENT is entered into between SUNDAY BAY, a Joint
Venture; PETER CLASCA GENERAL CONTRACTOR CORP.; MONROE COUNTY, a
political subdivision of the State of Florida; and the DEPARTMENT
OF COMMUNITY AFFAIRS, an agency of the State of Florida (herein
"DCA") .
WITNESSETH•
WHEREAS, Sunday Bay is the owner of real property known as
A portion of Tract 5 of the Amended Plat of
Mandalay subdivision, Key Largo, Monroe
County, Florida,
(herein "the subject property"), on which is proposed to be devel-
oped a major development project known as Sunday Bay; and
WHEREAS, on January 29, 1980, Monroe County issued Resolution
No. 30-1980 granting major development approval for Sunday Bay
(formerly "The Fishing Club"), a project to consist of 120
condominium units and a 50-slip marina; and
WHEREAS, subsequent to January 29, 1980, approximately one-
third of the proposed development was constructed and future
building sites cleared, development having been halted due to
bankruptcy and foreclosure proceedings which concluded on or about
August 15, 1988, and no further development has occurred since that
date; and
WHEREAS, on July 3, 1991, Monroe County issued multiple
building permits numbered 9130004156 and 9130004172 for completion
of the Sunday Bay major development project and rendered the
permits to DCA on July 8, 1991; and
WHEREAS, DCA timely appealed the building permits to the
Florida Land and Water Adjudicatory Commission pursuant to Section
380.07, Florida Statutes, which said appeal is currently pending;
and
WHEREAS, DCA is the state land planning agency with the duty
and responsibility of administering and enforcing the provisions of
Chapter 163, Florida Statutes, Chapter. 380, Florida Statutes, the
Florida Environmental Land and Water Management Act of 1972 ("The
Act"), and the rules and regulations promulgated thereunder, which
include the Monroe County land development regulations; and
WHEREAS, most of Monroe County, including the subject
property, is located within the Florida Keys Area of Critical State
Concern, as designated under Sections 380.05 and 380.0552, Florida
Statutes; and
WHEREAS, pursuant to Section 380.032(3), Florida Statutes, DCA
is authorized to enter into agreements with any landowner,
developer, or governmental agency as may be necessary to effectuate
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the provisions and purposes of The Act or any rules promulgated
thereunder; and
WHEREAS, the parties wish to avoid the expense and delay of
lengthy litigation and resolve the pending permit appeal under the
terms set forth below, which terms will effectuate the provisions
and purposes of The Act, and it is in their best interests to do
so; and
WHEREAS, Monroe County joins in this Agreement for the purpose
of implementing and enforcing same.
NOW, THEREFORE, in consideration of the mutual promises and
undertakings contained herein, the receipt and sufficiency of which
are hereby acknowledged, the parties agree as follows:
1. Density. Sunday Bay acknowledges that density is a
concern in the Florida Keys. Sunday Bay shall not be required to
reduce density on site. If one or more units at Sunday Bay is
destroyed in whole or in part as a result of fire, windstorm, act
of God or any other force ma;; e- eure, Sunday Bay may rebuild any units
so destroyed. Sunday Bay may not, however, increase density beyond
that authorized by the building permits which are the subject of
this appeal.
Within ninety (90) days after the effective date of this
Agreement, Sunday Bay shall purchase ten (10) transferrable
development rights ("TDRs") from environmentally sensitive lands in
Monroe County and retire same so as to permanently eliminate that
development potential. No portion of the TDRs so acquired shall be
used to increase density on any lands in Monroe County. Sunday bay
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shall provide to DCA and Monroe County proof of purchase and
retirement of the TDRs.
2. Building Height. The buildings and structures to be
developed on site shall not exceed 35 feet in height. This
provision is intended to create a covenant running with the land
and shall not be subject to change unless agreed to in writing by
the parties hereto.
3. Marina. The marina may not be used for commercial
purposes. The marina slips on site shall be for the exclusive use
of their owners and guests at Sunday Bay. This provision is
intended to create a covenant running with the land and shall not
be subject to change unless agreed to in writing by the parties
hereto.
4. Buildout. The development of Sunday Bay shall be
completed in one continuous phase. Building permits and
construction shall be actively maintained and pursued until
construction is complete.
5. Entire Agreement; Amendments. This Agreement constitutes
the entire agreement between the parties. All claims and disputes
among the parties are resolved by this Agreement. No amendment to
this Agreement is effective unless reduced to writing and signed by
all parties hereto.
6. Binding Effect; Recordation. This Agreement shall be
binding on the parties, their successors and assigns. Within ten
(10) days after the effective date of this Agreement, Sunday Bay
shall record this Agreement in the public records of Monroe County,
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Florida, and shall provide to DCA and Monroe County proof of
recordation, including the official book and page number where
recorded.
7. Enforcement. This Agreement may be enforced by DCA
pursuant to Section 380.11, Florida Statutes, or by any party,
including DCA as allowed by law.
8. Attorneys' Fees and Costs. Each party shall pay its own
attorneys' fees and costs.
9. Dismissal of Appeal. As soon as this Agreement is signed
by all parties, DCA shall file with the Florida Land and Water
Adjudicatory Commission a motion requesting that the Commission
approve this Agreement, grant development approval as authorized
under building permits 9130004172 and 9130004156 and this
Agreement, and dismiss the subject appeal. By signing this
Agreement, the parties hereto join in such motion.
10. Effective Date of Agreement. The effective date of this
Agreement is the date on which the Florida Land and Water
Adjudicatory Commission enters an order approving this Agreement
and dismissing the subject appeal. Building permits 9130004172 and
9130004156 shall be treated as if they were issued on such
effective date.
IN WITNESS WHEREOF, the parties have executed this Agreement
on the dates written below.
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Date
STATE OF FLORIDA )
COUNTY OF .D d-t )
SU14DAY BAY, a Joint Venture
By:
Subscribed and sworn to before me by _ Peter Clasca ,
the President of Sundae Bay
, a Joint Venture, this
t471 day of October, 1992.
My commission expires:
NOTARY PUBLIC STATE OF FLORIDA
MY COMMISSION EXP JUNE 14,1993
BONDED THRU GENERAL INS. UND.
Da
w /gym
STATE OF FLORIDA )
COUNTY OF P4D4_ )
Notary Public
PETER CLASCA GENERAL CONTRACTOR
CORP., a Florida corporation,
Peter Clasca
Subscribed and sworn to before me by Peter Clasca, the
of Peter Clasca General Contractor Corp., this
day of October, 1992.
My commission expires:
NOTARY PUBLIC STATr_ C c}OR;DA
P'Y COMMISSION EXP 14,1993
RONDE:: -7HRU GENERAL „,-S. UND.
DEPARTMENT OF COMMUNITY AFFAIRS,
an Agency of the
State of Florida
By::
Date
STATE OF FLORIDA )
COUNTY OF LEON )
Linda Loomis Shelley,
Secretary
Subscribed and sworn to before me by Linda Loomis Shelley, the
Secretary of the Florida Department of Community Affairs, this
day of October, 1992.
My commission expires:
tj
Date
7890C-A.034
Notary Public
MONROE COUNTY, a political sub-
divisi of the State of Florida
JACK LONDON, MAYORfCHAIRMAN
ATTEST: DANNY L. KOLHAGE, CLERK
( SEAL)
By: Qn.
Deputy Clerk
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