06/15/2005 Agreement
Cled( oIlhe
Circll cOIn
Danny L. Kolhage
Office (305) 292-3550 Fax (305) 295-3663
1V/emnrandum
To:
Richard Collins,
County Attorney
Date:
Kathy Peters
Isabel C. DeSantis,. Q)
Deputy Clerk JY
Friday, June 24, 2005
Attn.
From:
At the regular BOCC meeting of June 15, 2005, the Board granted approval and
authorized execution of a Stipulated Settlement Agreement in Department of
Community Affairs v. Monroe County and DC6, L.L.C. DOAH Case No. 03-4852.
Attached hereto for your handling is the original agreement executed by Monroe
County. Please be sure that a fully executed copy is returned to this office as quickly as
possible.
Should you have any questions, please feel free to contact me.
c: ./ File
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF COMMUNITY AFFAIRS,
Petitioner,
v.
DOAH CASE NO. 03-4852
MONROE COUNTY,
Respondent,
and
DC6, L.L.c.,
Intervenor.
/
STIPULATED SETTLEMENT AGREEMENT
THIS STIPULATED SETTLEMENT AGREEMENT is entered into by and
between the Petitioner DEPARTMENT OF COMMUNITY AFFAIRS (herein "the
Department"), and Respondent MONROE COUNTY and Intervenor DC6, L.L.C., as a
complete and final settlement of all claims raised in the above-styled proceeding.
WITNESSETH:
WHEREAS, the Department of Community Affairs is the state land planning
agency with the duty and responsibility of administering and enforcing the provisions of
Chapter 380, Florida Statutes, and the rules and regulations promulgated thereunder,
which include the Monroe County Comprehensive Plan and Land Development
Regulations; and
WHEREAS, Intervenor is the successor in interest to Nancy Suarez-Cannon and
in September 2003 purchased the real property knows as Lots 5, 6, and 7, Block 14,
"
Bowen's Addition To Rivera Village Subdivision in Section 12, Township 61 South,
Range 39 East, Key Largo, (herein "the subject property"); and the rights to the building
permit that form the basis of appeal by the Department, and
WHEREAS, the subject properties are located within the Florida Keys Area of
Critical State Concern as designated by Section 380.0552, Florida Statutes; and
WHEREAS, on August 8, 2003 the Monroe County Building Department ("the
Building Department") approved Nancy Suarez-Cannon's application for the construction
of a single-family home on her property through the issuance of Building Permit No.
020302483; and
WHEREAS, the Department timely appealed the building permit to the Florida
Land and Water Adjudicatory Commission pursuant to Section 380.07, Florida Statutes;
and
WHEREAS, the parties desire to amicably resolve all issues relating to the
construction of the single-family home without further expense or delay, and the parties
having determined that is in their best interest to do so; and
WHEREAS, the Department finds that this agreement is in the best interest of the
State and will effectuate the purposes of Chapter 380, Florida Statutes.
NOW, THEREFORE, in consideration ofthe mutual promises and undertakings
contained herein, the receipt and sufficiency of which are hereby acknowledged, the
parties agree as follows:
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1. Recitals. The above recitals are incorporated herein and form a material part
hereof.
2. ODen SDace Reauired. The parties agree that Intervenor DC6, L.L.C., successor
in interest to Nancy Suarez-Cannon, shall commence the development of a single-
family residence on the subject property within one year of the effective date of
the Stipulated Settlement Agreement as authorized by Building Permit No.
020302483 subject to the following stipulated conditions: The Parties agree that
development ofthe subject property shall incorporate a sixty (60) percent open
space requirement on the approximate .48 acre parcel (20,909 square feet)
consistent with the Monroe County requirement for land identified as a High
Hammock (moderate quality). The sixty (60) percent open space requirement
shall result in the preservation of approximately 12,545 square feet of
undeveloped land dedicated to open space and placed in a Conservation Easement
of undisturbed hammock that must be submitted and approved by Monroe County
prior to issuance of a Certificate of Occupancy. The Conservation Easement shall
be dedicated to Monroe County and shall run with the land in perpetuity. Within
thirty (30) days of the completion of construction of the single-family home and
prior to the Certificate of Occupancy being issued, Intervenor shall submit to the
Department a copy of the recorded Conservation Easement.
3. Lot A22re2ation. Within a twelve (12) month period commencing on the
effective Date of Agreement of the Settlement Agreement, the Parties agree to
consider in a separate proceeding a future request to aggregate the development
rights of the Subj ect Property to a contiguous property currently known as the
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Coolidge Key Property only in the event the Intervenor obtains title to the
contiguous Coolidge Key Property and has made substantial progress in reaching
a mutually agreeable resolution of the Monroe County Code enforcement issues
identified in Case Nos. CE03090216, and CE0311 0249 involving the Coolidge
Key Property. All future requests to aggregate the development rights of the
Subject Property with contiguous property shall be consistent with applicable
Monroe County Comprehensive Plan and Land Development regulations in effect
at the time of the request.
4. Notice of Dismissal. Within five (5) days after the execution ofthis Agreement
by both parties, the Department shall file a Notice of Voluntary Dismissal ofthis
Appeal.
5. Caveat. The parties acknowledge their disagreement over whether the building
permit for the Subject Property is consistent with the Monroe County
Comprehensive Plan and Land Development Regulation and have entered this
Agreement solely in the spirit of compromise. This Agreement shall not be
deemed to constitute a waiver of any party's position with regard to the proper
interpretation and application of the Monroe County Comprehensive Plan and
Land Development Regulations, and shall not be given precedential effect with
regard to any other permit issued by Monroe County. If Building Permit No.
020302483 expires as modified herein, and no further agreements are reached as
set forth herein, Intervenor DC6 L.L.c., will be required to go back through the
Rate of Growth Ordinance building permit application process.
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6. Scope of Authority. This Agreement affects the rights and obligations ofthe
parties under the provisions of Chapter 380, Florida Statutes, related to Areas of
Critical State Concern. It is not intended to influence or determine the authority
or decisions of any other state or federal government or agency in issuance of any
other permits or approvals that might be required by federal or state law for any
development authorized by this Agreement.
7. Duplicate Orhdnals. This Agreement may be executed in any number of
originals, all of which evidence one Agreement, and only one of which need be
produced for any purpose.
8. Bindine: Effect. This Agreement is intended to and shall be binding on the
parties, their representatives, heirs, successors and assigns.
9. Release: Costs and Attornev's Fees. The parties hereto forever release each
other party from any and all claims of whatever nature which arise or may arise
out of the issuance or appeal of the building permit identified in this Agreement.
Each party shall bear its own attorney's fees and costs incurred in these
proceedings.
10. Entirety of Ae:reement. This Agreement constitutes the entire agreement ofthe
parties. This Agreement may be modified or amended only by a separate writing
entered into between the parties.
11. Enforcement. This Agreement may be enforced by either party as provided in
Chapter 380, Florida Statutes, or as otherwise provided by law.
12. Draftine: of Ae:reement. The parties shall be deemed to have participated
generally in the drafting of this Agreement. Accordingly, this Agreement shall be
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construed neutrally without regard to the party responsible for its preparation, and
any terms, conditions, uncertainty, or ambiguity shall not be construed against any
of the parties as a result of the drafting of such.
13. Date of Aereement. The date of this Agreement is the date the last party signs
this Agreement.
(Remainder of page intentionally left blank)
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05/15/2005 14:23
8509222579
DCA GENERAL COUNSEL
PAGE 14/15
IN WITNESS THEREOF, the partIes, or by theIr duly authorized
representatives, have executed this Agreement on the dates and year below written.
~I)~
Witness
~
David Clark
DC6, L.L.C.
1::AtD k.) ~ t:A P...-6~
(Print Name of Witness)
Dated: &/1(110::>
~~~c..\ )). _ :s}'-"-~~.
ss
~.:::no......'V-. ll\ ~~\"'-
(print Nam.e of Witness)
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this )0'"""'" day of
~\7~ . 2004, by David Clark, who is personally known to me or who has
produced as identification.
My Commission Expires: ~ ~ 2:5O--os
~~d. )\ ~.
Notary ublic- State of Florida
- -
- - -
~~-b}'Y.>~ ~ ~~
(Print Name of Notary Public)
-
[stamp] I ....~u"" PEBOIWi A. SlIrTH
. G)~ ~ Notary Public - Slam of rJorldl
Ii. . S lAy Commission ~pirss Sep 30, 2005 a.
. ~ <: Commi$sion , 00056559 ..
\P.l:.l E\llndacl 8, National Nomll Assn. ~
.... -
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8509222579
305-289 -'35
DCA GENERAL COUNSEL
PLANNING DEPT
PAGE 15/15
PAGE El9
BY1Lw~.~
Dep'llty Clerk
Dated~
at.,-/S'-o'S
8
BOARD OF COUNTY COMISSIONERS
OF MONROE COUN'IT
By,. 4i ?/;~t..d
ixie Spehai, ayor
MONROE COUNTY AITOANE\'
~;
4 R B. HIlll GER, JR.
ASSISTANT COUNTY arTORNEY
Dale ~ -1"-( - ~.s--
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05/15/2005 14:23
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DCA GENERAL COUNSEL
PAGE 15/15
~JJk~
,~l1tness
DEPT. OF COMMUNITY AFFAIRS,
STATE OF FLORIDA
awL ,~~
( rint e of Witness
By:w1e Vt1~ '
14'l Valerie .J. Hubbard, Director
tJ" Division of Community Planning
1)ebeC4 J-t,17JtJ
(print Name of Witness)
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged b~fore me this {3 day of
~ rfll1 ;te... Iflt 7)1.41,. ,.; fhr
~u..'^e--" , 2005, bylValerie 1. Hubbard as Director of Division of Community
Planning on behalf of the Department of Community Affairs, State of Florida, who is
personally known to me or who has produced
as identification.
My Commission Expires:
[stamp]
.~
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_u.. ....--...-------ItINALORDERNOr.LW-OS..003-----..
STATE OF FLORIDA
LAND AND WATER ADJUDICATORY COMMISSION
DEPARTMENT OF COMMUNITY AFFAIRS,
Petitioner,
vs.
CASE NO. APP-03-014
DOAH CASE NO. 03-4852
MONROE COUNTY,
Respondent,
and,
RECEIVED
DC6, L.L.c.,
iJUN 24 2005
Intervenor.
/
MONROE COUNTY ATTORNEY
FINAL ORDER OF DISMISSAL
The above-styled case is hereby dismissed in accordance with the Department of
Community Affairs' (DCA) Notice of Voluntary Dismissal with Stipulated Settlement
Agreement submitted to the Florida Land and Water Commission "Commission" on June 16,
2005, and the Recommended Order of Dismissal issued by the Division of Administrative
Hearings (DOAH) on June 15,2005. DCA filed the Notice of Voluntary Dismissal in response
to a Stipulated Settlement Agreement entered into by DCA, Monroe County, and DC6, L.L.c. A
copy of DCA's Notice of Voluntary Dismissal and DOAH's Recommended Order of Dismissal
are attached hereto and incorporated as Exhibit A and B, respectively.
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NOTICE OF RIGHTS
Any party to this Order has the right to seek Judicial review ofthe Final Order pursuant to
section 120.68, Florida Statutes, by the filing of a Notice of Appeal pursuant to Rule 9.110,
Florida Rules of Appellate Procedure, with the Clerk of the Commission, Office of Policy and
Budget, Executive Office of the Governor, The Capitol, Room 1801, Tallahassee, Florida 32399-
0001; and by filing a copy of the Notice of Appeal, accompanied by the applicable filing fees,
with the appropriate District Court of Appeal. Notice of Appeal must be filed within 30 days of
the day this Order is filed with the Clerk of the Commission.
<J-
DONE AND ENTERED this ~{ day of June, 2005.
~5.~
~
MICHAEL P. HANSEN, Secretary
Florida Land and Water
Adjudicatory Commission
sJ-
Fll.,ED with the Clerk of the Florida Land and Water Adjudicatory Commission this c2l day
of June, 2005.
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-- -------~------ ---- m CER-TIF-lCA-1'EQRSER-VICE
I HEREBY CERTIFY that a true and correct copy oft~~regoing was delivered to the
following parties by U.S. Mail or interoffice delivery this~ day of June, 2005.
Honorable Jeb Bush
Governor
The Capitol
Tallahassee, Florida 32399
Honorable Charlie Crist
Attorney General
The Capitol
Tallahassee, Florida 32399
Chanta Combs, Esquire
Governor's Legal Office
Room 209, The Capitol
Tallahassee, Florida 32399-0001
Heidi Hughes, General Counsel
Richard E. Shine, Assistant General Counsel
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Bob Shillineger, Esquire
Pedro Mercado, Esquire
Office ofthe County Attorney
Monroe County
2798 Overseas Highway
Suite 400
Marathon, Florida 33050
Florida Administrative Law Reports
Post Office Box 385
Gainesville, Florida 32602
Honorable Tom Gallagher
Chief Financial Officer
The Capitol
Tallahassee, Florida 32399
Honorable Charles H. Bronson
Commissioner of Agriculture
The Capitol
Tallahassee, Florida 32399
Todd K. Norman, Esquire
Stump, Storey, Callahan, Dierich &
Spears, P.A.
Post Office Box 3388
Orlando, Florida 32302-3388
Derek Howard, Esquire
Morgan & Hendrick
317 Whitehead Street
Key West, Florida 33040-6542
Honorable Robert E. Meale
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
~f).~
'K-U\MICHAEL P. HANSEN, Secretary
o Florida Land and Water Adjudicatory
Commission
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