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Item S09 BOARD OF COUNTY COMMISSIONERS Agenda Item Summary Meeting Date 4/21/04 Division County Attorney AGENDA ITEM WORDING Approval of settlement agreement in Monroe County v. Gary Yaworski and Anita Fox, Case Number U5-00-1104. ITEM BACKGROUND This is a settlement of a code enforcement lien which was imposed due to violations involving unpermitted signs in the setbacks. The Special Master had imposed a $100.00 per day fine commencing on October 19, 2000. It is unclear from County records when the property was brought into compliance but it appears that compliance was achieved shortly after the fine was imposed. Unfortunately, no compliance inspections were called for or done so the fine reached $95,000.00 before the County Attorney's office commenced a review of old liens. The uncertainty as to when compliance was achieved hinders the County's ability to recover full value for the fine. The owner has offered $1000.00 to settle this case. That figure more than covers the County's costs incurred in prosecuting the case and includes a reasonable fine in light of the violations found. PREVIOUS RELEVANT BOCC ACTION The Board approved the initiation of collection proceedings on April 16, 2003. CONTRACT I AGREEMENT CHANGES STAFF RECOMMENDATIONS Approval. TOTAL COST BUDGETED Yes No COST TO COUNTY SOURCE OF FUNDS APPROVED BY: County Attorney _ OMB/Purchasing! Risk Management! DIVISION DIRECTOR APPROVAL&~ ~~ JOHN 0 INS DOCUMENTATION: Included xx To Follow! Not Required! AGENDA ITEM # 9q BEFORE THE CODE ENFORCEMENT SPECIAL MASTER OF MONROE COUNTY, FLORIDA The Honorable J. Jefferson Overby, Presiding MONROE COUNTY, FLORIDA Petitioner, vs. CASE NO.: US 001104 GARY YAWORSKI and ANITA FOX, Respondent(s) I SETTLEMENT AGREEMENT The Petitioner Board of County Commissioners of Monroe County and GARY YAWORSKI and ANITA FOX, Respondent(s), hereby agree to settle the code enforcement lien imposed in the above-referenced case by the Special Master against property owned by the Respondent(s) as follows: 1. In order to resolve their differences amicably, avoid the expense of litigation, and buy peace in this matter, the parties agree to settle the code enforcement lien recorded at Book 1660, Page 2437 and re-recorded at Book 1661, Page 1823 of the Official Records of Monroe County for $1,000.00. 2. The property in question has a legal description of Lots 8 & 9, Block 1, BAHIA MAR ESTATES Subdivision, KEY LARGO, Monroe County, FL (RE: 00543190-000000 and 00543200-000000). 3. Upon approval of this agreement by the Board of County Commissioners, the Respondent(s) shall remit ONE PAYMENT in the amount of $1000.00, made payable to the Board of County Commissioners. 4. Said payment shall be received in the County Attorney's office by the close of business on April 30, 2004 or this agreement is void ab initio. 5. Once the aforementioned check has cleared, the County will issue to the Respondent(s) a release and satisfaction of said lien for filing by the Respondent(s) in the Official Records of Monroe County. 6. The County will file a copy of the release and satisfaction in official the Code Enforcement file. 7. By entering into this agreement, the each party agrees to waive any and all claims that it could have raised and/or potential claims that it might have been able to raise as a result of the above-captioned code enforcement case. 8. Both parties warrant that they have had an opportunity to consult with counsel before entering into this agreement. 9. Each party agrees to bear its own costs and attorney's fees other than as specified in this agreement. ATTEST: DANNY L. KOLHAGE CLERK: BOARD OF COUNTY COMISSIONERS OF MONROE COUNTY By: Deputy Clerk By: Murray Nelson, Mayor Dated ~ Nn~IW'fW.li ~'~"i~~~~;;", ~ ..~~y.\SSION ;.~.. ~ ""' ._C\'" 28 '1;<). ~ ~ .. ~ ~e ,2oa ~.. ~ .: :$ ')~ t1" ~~ ': ~*: ..... :*E - . . - ~ ~ ~. .00037693 .: ~ ~ ~~.~~~ ~ . ., ~,~ . ST~ ~,~ """'''Il'''\\~ ANITA FOX, Respondent By: ~2Jo /-/-1rtJf (date) for legal sufficiency by: Robert B. Shillinger, Esq. Assistant County Attorney Florida Bar No.: 058262 P.O. Box 1026 Key West, FL 33041-1026 (305) 292-3470