Item Q07BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 21, 2006
Bulk Item: Yes XX No
Division: County Attorney
Staff Contact Person: Pedro Mercado
AGENDA ITEM WORDING:
Approval of settlement agreement in code enforcement lien case of Monroe County v. Island Preschool.
ITEM BACKGROUND:
Island Preschool, Inc. located on Key Largo was cited by Code Enforcement on 8/26/03 for violation of
County Code 9.5-111 Building Without a Permit when it was found that they had constructed a large
addition without benefit of a permit. During a hearing held on September 29, 2004, Island Preschool
was found to be in violation and compliance was set for March 24, 2005; thereafter a fine of $200 per
day was imposed beginning March 31, 2005. The property was brought into compliance on September
23, 2005 at which time the fines and costs totaled $35,300. Although we have traditionally settled fines
at ten percent of the total, due to the length of time it took for the violator to bring the property into
compliance, staff recommends that the case be settled for 20 percent of the total fines and costs which is
$7,060.00.
PREVIOUS RELEVANT BOCC ACTION:
None.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: N/A
COST TO COUNTY:N/A
REVENUE PRODUCING: Yes XX No
BUDGETED: Yes _
SOURCE OF FUNDS:
AMOUNT PER MONTH
worn
APPROVED BY: County Atty _ OMB/Purchasing Risk Management
DIVISION DIRECTOR APPROVAL: 6
A. HuTf6N,COUNT TORNEY
DOCUMENTATION: Included XX Not Required
DISPOSITION:
Revised 2/05
AGENDA ITEM #
0JUC1 5� 20067 4:23PM3054534878 THE UPS STORE 4181 No-3021 P. 1E 01/02
BEFORE THE CODE ENFORCEMENT SPECIAL MASTER
OF MONROE COUNTY, FLORIDA
The Honorable J. Jefferson Overby, Presiding
MONROE COt)NTY, FLORIDA
Petitioner,
VS. CASE NO.: CE03080354
ISLAND PRESCHOOL, INC.,
Respondent
SETTLEMENT AGREEMENT
The Petitioner, Board of County Commissioners of Monroe County and
Island Preschool, Inc., Respondent, hereby agree to settle the code enforcement
lien imposed in the above -referenced case by the Special Master against property
owned by the Respondent as follows:
1. The parties; agree to settle the code enforcement lien for $7,060.00.
2. The property in question has a legal description of BK 2, LT 3
ANGLERS PARK SHORES, KEY LARGO, MONROE COUNTY,
1~LORI1DA (RE#:00468750-000006).
3. Upon approval of this agreement by the Board of County
RECEIVED Commissiomers, the Respondent shall remit a check in the ,amount of
$7,060.00 made payab)e to the Board of County Commissioners.
JUN 0 2006 4 Once the aforementioned check has cleared, the County will issue to
''ONROE COUNTY ATTORNEY the Respondent a release and satisfaction of said liett for filing by the
Respondent in the Official Records of Monroe County.
5, The County will file a copy of the release and satisfaction in the
official Cade Enforcement file.
6. By entering into this agreement, the each patty agrees to waive any
and all cli tns that it could have raised and/or potential claims that it
Received Time Jun, 5, 4:21PM
oJun• 5. 20067 4:23PM3054534878 THE UPS STORE 4181 N0 3021 P 2
—E 02i 02
might have been able to raise as a result of the above -captioned code
enforcement case.
7. Both parties warrant that they have had an opportunity to consult with
counsel before entering into this agreement.
8. Each, party agrees to bear its own costs and attorney's fees other than.
as specified in this agreement.
ATTEST:
DANNY L. KOLHAGE
CLERK
By: ---
Deputy Clerk
Dated
BOARD OF COUNTY COAUSSIONERS
OF MONROE COUNTY
By:
Charles "bonny" McCoy, Mayor
2az�R"..'C.�a�% Respondent
By- s
mow, /, "9w.7
+/ JAW E JOR40N si yt'
#1 MY COMMINSION #DD431725
EXPIRE: MAY 22.2009
50"d mrogh 1 at Slue Inwance
This document was approved as to form by:
Pedro J. Mercado, Esq.
Assistant County Attorney
Florida Bar, No.: 0084050
P.O. Box 1026
Key West, FL 33041-1026
(305) 292-5046
Received Time Jun, 5. 4;21PM