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Item O04M C ounty of f Monroe ELj » °o � BOARD OF COUNTY COMMISSIONERS /� r i � �� Mayor George Neugent, District 2 The Florida. Ke Se y I Mayor Pro Tern David Rice, District 4 Danny L. Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting May 17, 2017 Agenda Item Number: 0.4 Agenda Item Summary #2891 BULK ITEM: Yes DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Steve Williams (305) 289 -2584 N/A AGENDA ITEM WORDING: Approval of a settlement agreement for a code compliance lien foreclosure case styled, Monroe County v. Robert and Neha S. Montgomery, case number 16 -CA- 818-K, regarding real property located at 205 Shore Ave., Key West, Florida. ITEM BACKGROUND: On November 19, 2014 the County initiated Code Enforcement case CE14110087 regarding the Defendant's non - homesteaded property located at 205 Shore Ave., Key West, Florida. Defendants were found in violation of Monroe County Code §20- 78(a), failure to connect the property to the central sewer system. Code Enforcement Special Magistrate issued a Final Order with a compliance date of July 1, 2015, which the Defendants failed to gain. Compliance was achieved on January 6, 2016 therefore; accruing fines of $100 per day ran for 188 days (July 2, 2015 — January 6, 2016), for a fine of $18,800.00 plus statutory costs of $2,442.95, totaling $21,242.95 due to the County. On January 22, 2016 the Board of County Commissioners authorized to initiate litigation for money judgment, injunction, foreclosure and writ of execution. The Circuit Civil action was filed on September 28, 2016. On March 22, 2017 a tentative agreement was reached between the parties and upon approval from the Board of County Commissioners. The Defendants agree to 12 payments of $595.25 totaling $7,143.00 to Monroe County for all fines and costs, the first payment should be made June 1, 2017, and if the house sells before the 12 payments then we (the County) are to be paid directly at closing and listed on the HUD (Housing and Urban Development) closing document. Once the outstanding settlement amount is received the County will dismiss the Circuit Civil action against the Defendants, discharge the Lis Pendens and issue a release and satisfaction of the underlying code enforcement lien for filing by the property owners in the Official Records of Monroe County. PREVIOUS RELEVANT BOCC ACTION: January 22, 2016 Board of County Commissioners authorized to initiate litigation. CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval of Settlement Agreement. DOCUMENTATION: Montgomery Settlement Agreement FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: If yes, amount: I to] XTAi Do 1111" Steve Williams Completed Bob Shillinger Completed Kathy Peters Completed Board of County Commissioners Pending 04/17/2017 8:40 AM 04/17/2017 10:43 AM 04/17/2017 1:45 PM 05/17/2017 9:00 AM SETnEMENT AGREEMENT The Board of County Commissioners of Monroe County and Robert Montgomery the property owner, hereby agree to settle the existing code enforcement liens imposed by the a� E Special Magistrate regarding real property located at, 205 Shore Ave., Key West, Florida, as E Enforcement case number CE14110087. follows: E 2. Robert and Neha Montgomery currently own the property which is listed for sale. 1. The County brought this actions in 2014 to enforce compliance and unpaid code Q co enforcement liens against Robert and Neha S. Montgomery, and their property 0 located at Lot 13, Block 5, AMENDED PLAT OF COPPITT SUBDIVISION, a re- 0 r- duty member will be reassigned to Honduras in October. 0 2 subdivision of Plat Book 3, at Page 116, located in Government Lot 5, Section22, Township 67 South, Range 26 East, Big Coppitt Key, Monroe County, Florida, as E recorded in Plat Book 4, at Page 50 of the Public Records of Monroe County, Florida 00 (RE #: 00150170- 000000) ( "the Property") as a result of violation found in Code E Enforcement case number CE14110087. a� 2. Robert and Neha Montgomery currently own the property which is listed for sale. E 3. Mr. Montgomery is currently active duty military stationed in Hawaii. The active a� co duty member will be reassigned to Honduras in October. E 4. In Code Enforcement Case CE14110087, property owner, Robert and Neha 0 C' Montgomery, were ordered to gain compliance by July 1, 2015, with regards to r- 0 violation of Monroe County Code, §20 -78(a) imposing a daily fine of $100.00 per i day which commenced running on July 2, 2015. Compliance was achieved on January 6, 2016. j ©.4.a 5. The current total of the fines and costs are $18,800 in fines ($100 /day for 188 days) and $2,442.95 in statutory costs. Per resolution 148 -2008, staff is allowed a maximum reduction of 750, reducing the fines to $4,700. 6. The Property Owner agrees to: • 12 payments of $595.25 totaling $7,143.00 to Monroe County for all fines and costs; a I S' payment should be made June 1, 2017; a If the house sells before the 12 payments then, we are to be paid directly at closing and listed on the HUD (Housing and Urban Development) closing document. 7. Payment shall be made to: Monroe County Code Compliance, Attn: Nicole Petrick, 2798 Overseas Highway, Marathon, FL 33050, 8. Once the outstanding settlement amount is received, final inspection of property is completed, upon the execution of this agreement and approval from the Board of County Commissions, the County will: a Issue, a release and satisfaction of the underlying code enforcement lien for filing by the property owners in the Official Records of Monroe County. 9. By entering into this agreement, each party agrees to waive any and all claims that it could have raised and/or potential claims that it might have been able to raise as a result of the C e E Pforcerrient cases. obert Montgomery Date Property Owner Steven T. Williams Date Assistant County Attorney Hi �F1