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Resolution 055-1991 RESOLUTION NO. 055 -1991 to- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS Slllfm LI OF MONROE COUNTY, FLORIDA, APPROVING A STIPU- LATIoN OF SETTLEMENT OF NEW METROPOLITAN FEDERAL L SAVINGS AND LOAN ASSOCIATION, ET AL. V. MONROE COUNTY, CASE NO. 88-1014-CA-18. Fi L": "~:'~C[\D Prl 1 2 .. (. ':: \:..' '- " I . '.J J', - ...... ,-' .. "J ! . !:~: :J 11 T Y, F LA WHEREAS, in the above-styled matter, the plaintiffs have filed suit against Monroe County regarding the viability of a maj or development, named Hidden Bay and located in Key Largo, Florida, and which development was originally given County approval; and WHEREAS, it is in the best interest of the parties to said litigation to reach an amicable settlement of their disputes and controversies; and WHEREAS, plaintiff, New Metropolitan Federal Savings and Loan Association and defendant Monroe County have reached a settlement of said litigation and have executed a Stipulation of Settlement on January 14, 1991, and have filed same with the Clerk of the Monroe County Circuit Court; and WHEREAS, the Monroe County Board of County Commissioners has reviewed said Stipulation of Settlement and has found same to be in the best interests of Monroe County; now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, That the Board hereby approves of and ratifies the Stipu- lation of Settlement executed by New Metropolitan Federal Savings and Loan Association and the office of the Monroe County Attorney on January 14, 1991. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of February 1991. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor Harvey Mayor Pro Tern London Commissioner Cheal Commissioner Jones Commissioner Stormont (SEAL) Attest :DANNY L. KOLHAGE, Clerk Yes Yes -Yes y-es- Yes By: \U:~'~:r;;~rma~ J:2.A ~f'AO.~ er ' wrnmw By IJ) SfJ!!ICIENCY. / j5 AJtomey'fi PffiC90q { Date . ~ ftJ . r 4 I I -" J f!~ -- . IN THE CIRCUIT COURT OF THE 16TH JUDICIAL CIRCUIT, IN AND FOR MONROE COUNTY, FLORIDA CASE NO. 88-1014-CA-18 NEW METROPOLITAN FEDERAL SAVINGS AND LOAN ASSOCIATION, Plaintiff, " vs. MONROE COUNTY, a political subdivision of the State of Florida, Defendant. I STIPULATION OF SETTLEMENT BY AND BETWEEN PLAINTIFF. NEW METROPOLITAN FEDERAL SAVINGS AND LOAN ASSOCIATION AND DEFENDANT. MONROE COUNTY. POLITICAL SUBDIVISION OF THE STATE OF FLORID~ COMES NOW the parties to this Stipulation, through their undersigned counsel and agree and stipulate as follows: I WHEREAS, it is in the best interests of the parties to this Agreement to reach an amicable settlement of the disputes and controversies raised in this pending litigation; and ~REAS, these parties have reached an Agreement as to the terms and conditions of an amicable resolution of the disputes; and WHEREAS, the parties have agreed to place their Agreement in writing and requests that it be made an Order of the Court; do hereby agree and stipulate as follows: 1. . . ( , ~.. NEW METROPOLITAN FEDERAL SAVINGS AND LOAN ASSOCIATION is currently the owner of real property located on Key Largo, i~~ .... 1 ,. . County, Florida, more particularly described by legal description in Exhibit "AW attached hereto. 2. The property owned by NEW METROPOLITAN FEDERAL SAVINGS AND LOAN ASSOCIATION is the subject of a Final Major Development Plan \ approved by MONROE COUNTY by Certificate of Approval dated February 28, 1983. 3. A Building Permit was issued by MONROE COUNTY to-wit: c- 12978. Twenty-one (21) of the residential units approved under the Final Major Development Plan were commenced pursuant to the Building Permit and now exist in various states of completion. 4. Three Stop Work Orders were placed on the property by MONROE COUNTY due to violations committed by the predecessor in interest of NEW METROPOLITAN FEDERAL SAVINGS AND LOAN. 5. The basis of this Settlement will be to allow NEW i H hI .1 I. : I ; I I, )' I METROPOLITAN FEDERAL SAVINGS AND LOAN ASSOCIATION and/or their assigns to complete the construction of the twenty-one (21) residential units, as presently sited. This will be accomplished according to the terms and conditions of this Agreement, which will result in the lifting of the Stop Work Orders and will proceed in accordance-with the Final Major Development Plan and the Permit as limited by this Agreement. It is understood that no other residential units shall be allowed to be constructed on the property described in Exhibit "A". . 6 · NEW METROPOLITAN FEDERAL SAVINGS AND LOAN ASSOCIArlON and/or their assigns will restore a net area of 1.25 acres of land .... ,." at the site of the Major Development Project, to be located as 2 -- / 1-' as is practicable to Ocean Bay Drive. The restoration will be conducted according to a Restoration Plan to be prepared by a Biologist approved by MONROE COUNTY. The parties agree that the total cost of the restoration shall not exceed $125,000.00 and that the Letter of Credit issued in favor of !<<)NROE COUNTY by NEW METROPOLITAN FEDERAL SAVINGS AND LOAN ASSOCIATION to secure this restoration shall stand in full force and effect for the purpose of completing the restoration and until the restoration is completed. 7. NEW METROPOLITAN FEDERAL SAVINGS AND LOAN ASSOCIATION and/or their assigns shall obtain and submit a statement of responsibili ty by a licensed structural engineer regarding the structural condition of the existing buildings at the property and shall certify that the plans to be submitted by NEW METROPOLITAN FEDERAL SAVINGS AND LOAN ASSOCIATION and/or their assigns will result in structures that are structurally sound. Upon submission of appropriate Restoration Plans with the specified structural engineers' certification, MONROE COUNTY shall issue the appropriate permitting necessary to allow the Plan to be implemented and - carried out to completion. Appropriate Permit fees will be paid by NEW METROPOLITAN FEDERAL SAVINGS AND LOAN ASSOCIATION and/or their assigns. 8. NEW METROPOLITAN FEDERAL SAVINGS AND LOAN ASSOCIATION and/or its assigns agrees to submit an application for permit~lng r I pursuant to a Renovation Plan as described above within one.... (1) . .' year of the date of final approval of this Agreement. '" It is agreed 3 , I i I ! i I I Ii ~ , . that completion of all construction under such Renovation Plan shall be completed within two (2) years from the date of the issuance of the appropriate Permits. 9. NEW METROPOLITAN FEDERAL SAVINGS AND LOAN ASSOCIATION, their agents and/or their assigns agree to imm~diately begin active pursuit of approval of the vegetation/restoration plan upon the approval of this Stipulation by all parties, including the Court and the State of Florida, Department of Community Affairs. In any event, the initial plan for restoration of vegetation shall be submitted no later than 90 days from the date that this Stipulation is approved by all parties. 10. The restoration work shall commence within 120 days after final approval by MONROE COUNTY and final approval by the State of Florida, Department of Community Affairs of the Restoration Plan and MONROE COUNTY shall lift the Stop Work Orders in place upon commencement of the restoration project and shall provide any Permit Cards necessary to be posted at the site of the Major Development. 11. The restoration of the hardwood hammock area shall be I: I; 11 Ii - completed no later than one (1) year after final approval of the vegetation/restoration plan. 12. NEW METROPOLITAN FEDERAL SAVINGS AND LOAN ASSOCIATION and/or their assigns shall be allowed to complete the twenty-one . (21) residential units as and' where commenced at the siteJ:. to I completion after paying the appropriate permit fees and rece~ing '.... the appropriate permits. The units will be completed in a manner 4 , , insuring that the lowest level of habitable space in each unit will comply with the Federal Emergency Management Agency flood criteria levels in effect as of the date of MONROE COUNTY'S approval of the Final Major Development Plan or the flood criteria most favorable to NEW METROPOLITAN FEDERAL SAVINGS AND LOXN ASSOCIATION and/or their assigns as to be determined by NEW METROPOLITAN FEDERAL SAVINGS AND LOAN ASSOCIATION and/or assigns. 13. It is agreed that NEW METROPOLITAN FEDERAL SAVINGS AND LOAN ASSOCIATION or their assigns will be allowed to complete the twenty-one (21) units regardless of the extent of demolition and/or modification and re-design of the units that may be necessary to complete them in a manner that is structurally safe and sound and to insure that the lowest habitable space in the units is in compliance with the FEMA criteria stated above. fl II It I ! 14. The parties agree that the existing sewage treatment plant will receive an after-the-fact permit issued by MONROE COUNTY in exchange for payment of the appropriate permit fee by NEW METROPOLITAN FEDERAL SAVINGS AND LOAN ASSOCIATION and/or their assigns. 15. . - The existing boat basin and existing boat slips will remain and be used and maintained by NEW METROPOLITAN FEDERAL SAVINGS AND LOAN ASSOCIATION and/or their assigns, for the exclusive use of the owners and residents of the Project. No liveaboard or commercial activities will be allowed in the basin. /:' i 16. It is further agreed that additional permits as mar. be ". required will be issued by MONROE COUNTY upon application to allow 5 I i ,I I , 'I such additional work as is necessary to provide the dwelling units with requisite utilities and other services necessary for completion of the structures to the point that they are entitled to Certificates of Occupancy. 17. It is further agreed that NEW nTROPOLITAN FEDERAL SAVINGS AND LOAN ASSOCIATION and/or their assigns will be allowed II I J !l I to construct by permit a tennis court, racquetball court and swiming pool pursuant to the originally approved site plan for the Final Major Development Plan. 18. It is agreed that Impact Fees for each of the twenty-one (21) units will be paid at the time of obtaining Certificates of Occupancy for the each of the twenty-one units and that the Impact Fee will be at the then prevailing rate. 19. It is agreed between the parties that in light of the fact that NEW METROPOLITAN FEDERAL SAVINGS AND LOAN ASSOCIATION is a banking organization and has taken title and possession of this property by virtue of a foreclosure action, that NEW METROPOLITAN FEDERAL SAVINGS AND LOAN ASSOCIATION shall be allowed to transfer and assi,in all of the their rights under the Major Development Plan, the Permits and this Agreement to a third party subject only to approval by MONROE COUNTY Director of Growth Management, which approval shall not unreasonably be withheld. 20. It is agreed and understood that although this Agreement is executed on behalf of MONROE COUNTY, that its Final Approval by f MONROE COUNTY is subject to approval by the MONROE COUNTY BOARD OF .... COUNTY COMMISSIONERS and the State of Florida, Department of 6 I 1 , , 1 Community Affairs. MONROE COUNTY agrees to place this matter on Agenda without public hearing or notice for consideration at an early date. Should the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS fail to approve this Stipulation for Settlement, the parties agree \ that they shall not be bound by this Agreement and will be free to continue through to conclusion of the above-styled litigation. MONROE COUNTY agrees to use its best efforts to obtain the approval of this Agreement by the State of Florida, Department of Community Affairs in an expeditious manner. The parties further agree that if this Stipulation for Settlement is not accepted by the State of Florida, Department of Community Affairs, that the parties will not be bound by this Agreement and will be free to continue through to the conclusion of the above-styled litigation. 21. The parties request that the Court will adopt this Stipulation, make it an Order of the Court, and allow the case f, i , I . ~ I t f ~ ~ styled above to remain pending until such time as the approval by the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS is determined. It i~ so stipulated this ,-h "':b..... , I , .y\ ) ~i J day of "t'vl VC:(/'I---j , 1991: . / !~'. ' Ji ;,~/,/ Gu~~~owel{, ;~qUire / TITTLE & TITTLE, P.A. Attorneys for Plaintiff P. O. Drawer 535 Tavernier, FL 33070 (305) 852-3206 r L os ph Esquire , ROE COUNTY ASST. COUNTY ATTO~EY A torneys for Defendant 310 Fleming Street Key West, FL 33040 (305) 292-3470 .... lot, 7 , II ~"" .,'}, ',.,1.1,'.' " ,.'t;l ""X', , ~'l Michael Halpern Stat. of Florida, Department of Community Affairs P. O. Box 990 Key West, FL 33041 (305) 292-6767 ORDER THIS CAUSE came on to be heard by the Court upon the Stipulation and Settlement between NEW MBTROPOLITAN FEDERAL SAVINGS AND LOAN ASSOCIATION and HOHROE COUH'l'Y. The Court having reviewed the Stipulation and having discussed it with counsel of record hereby I 1. Approves same and orders the parties to comply with it, and further 2. Orders that thia action shall remain pending, pending' furt~.:t ~~1L /<J-tt 11 r'. /99/ - - Jf - . , " '!. i" " ~ .. . '. . " " H. Ignatius Lester Circuit Judge Copies furniahed tOI All couns.l of record ] i ,;::': ~~ u.---~ . t · J f ::;Jf)tt,.G.-o- (1 ~~ .. .yq.. .... . .. .- .-. tl 8 "'.,. . . " . .no." . :, , .