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11/14/2017 SettlementupG VtS ���� j9l� Kevin Madok CPA Clerk of the Circuit Court & Comptroller — Monroe County, Florida DATE: November 17, 2017 TO: Kathy Peters, CP County Attorney's Office FROM: Pamela G. Hanco�k .C. SUBJECT: November 14th BOCC Meeting Attached are electronic copies of the following items: T4 Contract with Gregory S. Fillmore for purchase of a lot described as Block 3, Lot 34, Center Island (PB 5 -82) with parcel number 00379800 - 000000 for density reduction purposes. T5 Contract with Harold and Donna Kirchner for purchase of a lot described as Block 3, Lot 36, Center Island (PB 5 -82) with parcel number 00379820 - 000000 for density reduction purposes. T6 Contract with Juan Esteban Gonzalez - Aguiar for purchase of a lot described as Block 6, Lot 23, Center Island (PB 5 -82) with parcel number 00380440 - 000000 for density reduction purposes. T7 Contract with David Lyon and Jean Lyon (a.k.a. Elizabeth J. Lyon) for purchase of a lot described as Block 4, Lot 7, Plantation Island (PB 5 -82) with parcel number 00383270 - 000000 for density reduction purposes. T8 Contract with Frank Edmund & Elizabeth Prout Lefler for purchase of a lot described as Block 6, Lot 12 and Lot 13, Plantation Island (PB 5 -82) with parcel numbers 00383850- 000000 and 00383860- 000000 for density reduction purposes. T9 Settlement agreement in Circuit Court Case No. CA -M -14 -165 regarding Code Case Nos. CE09040149 and CE10070149 and property located at 69001 Overseas Highway, Long Key, Florida 33001. Should you have any questions, please feel free to contact me at. ext. 3130. Thmik you. cc: Finance File _Y WEST 0 Whitehead Street y West, Florida 33040 5- 294 -4641 MARATHON 3117 Overseas Highway Marathon, Florida 33050 305 - 289 -6027 PLANTATION KEY 88820 Overseas Highway Plantation Key, Florida 33070 305 - 852 -7145 PK/ROTH BUILDING 50 High Point Road Plantation Key, Florida 33070 305 - 852 -7145 IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR MONROE COUNTY BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida, Plaintiff, Case No. CA -M -14 -165 Hon. Timothy J. Koenig L.T. Case Numbers CE09040149 & CE10070149 Mo ZAMINDARI INVESTMENTS, INC.; DAVID E. DeWITT, as officer for Zamindari Investments, Inc.; DALE STRINGER, as officer for Zamindari Investments, Inc.; AQUA RANCH, INC.; CHARLES FRANK BARRA, as officer for Aqua Ranch, Inc.; and, KRISTIN KURTZ, as officer for Aqua Ranch, Inc., Defendants. STIPULATION OF SETTLEMENT 1 \ The Plaintiff Monroe County Board of County Commissioners (hereinafter "the County ") and the Defendants Zamindari Investments, Inc., and David E. DeWitt as officer of Zamindari Investments, Inc. (Zamindari and DeWitt hereinafter referred to as "the Settlement Defendants "), hereby agree to settle the Circuit Court case of Monroe County v. Aqua Ranch, Inc., et al., Circuit Court Case No. CA -M -14 -165, exclusively as against Zamindari Investments, Inc. and David E. DeWitt as officer of Zamindari Investments, Inc., and not as against Aqua Ranch, Inc., and not as against Charles Barra as officer Aqua Ranch, Inc., and not as against Kristin Kurtz as officer of Aqua Ranch, Inc. (these latter three parties of which shall hereafter be referred to as "the non - settlement defendants "), as follows: 1. WHEREAS, the Settlement Defendants took title to the property on or about July 3, 2000, pursuant to that certain Warranty Deed recorded at Book 1641, Page 205, of the Official Records of Monroe County. 1 of 11 2. WHEREAS, the County initiated this litigation, bearing Circuit Court Case No. CA -M- 14 -165, to enforce unpaid code compliance liens, in Code Compliance Case Nos. CEO 9040149 and CE 10070149, against the Defendants and their property located within , Monroe County, legally described as: A portion of Government Lot 1, in Section 34, Township 64 South, Range 35 East and of Government Lot 1 in Section 33, Township 64 South, Range 35 East on Long Key, in Monroe County, Florida, and a portion of Government Lot 1 in Section 34, Township 64 South, Range 35 East on Long Key, Monroe County, Florida, being more particularly described as: From the intersection of the northwesterly right -of -way line of State Road No. 5 (U.S. Highway 1) with the west line of said Government Lot 1, Section 33, Township 64 South, Range 35 East, thence proceed northeasterly along said northwesterly right -of -way line, 1716.87 feet to the Point of Beginning of the parcel hereinafter described; thence continue northeasterly along said northwesterly right -of -way line 525 feet; thence proceed northwesterly at right angles, 825 feet more or less to the mean high tide line of the Bay of Florida; thence meander said mean high tide line in a westerly direction, 575 feet more or less to a point where said mean high tide line is intersected by a line which extends northwesterly right -of -way line, from the Point of Beginning; thence proceed southeasterly along said line, 650 feet more or less to the Point of Beginning. From the intersection of the northwesterly right -of -way line of State Road No. 5 (U.S. Highway 1) with the west line of said Government Lot 1, Section 33, Township 64 South, Range 35 East, thence proceed northeasterly along said northwesterly right -of -way line, 2341.87 feet to the Point of Beginning of the parcel hereinafter described; thence continue northeasterly along said northwesterly right -of -way line 975 feet; thence proceed northwesterly at right angles, 655 feet more or less to the mean high tide line of the Bay of Florida; thence meander said mean high tide line in a westerly direction, 1135 feet more or less to a point where said mean high tide line is intersected by a line which extends northwesterly at right angles to said northwesterly right -of -way line, from the Point of Beginning; thence proceed southeasterly along said line, 825 feet more or less to the Point of Beginning. Also known as 69001 Overseas Highway, Long Key, Florida 33001, and real property having Real Estate Number(s) 00098530- 000200 and 00098530- 000700 (hereinafter "the property "). 3. WHEREAS, the liens imposed secured collective daily fines of $350.00 per day, for two violations, fines of which commenced on September 1, 2009, secured collective daily fines of $2,000 per day, for eight violations, fines of which commenced on January 13, 2 of11 2011, and continued until the property was brought into compliance on or about June 20, 2016, and further secured the County's administrative and legal costs in the above - styled code compliance cases. Said liens were recorded M on August 4, 2009, at Book 2425, Page 1694, and at Book 2663, Page 856, of the Official Records of Monroe County, and on February 8, 2011, at Book 2503, Page 1774, of the Official Records of Monroe County. 4. WHEREAS, the Settlement Defendants and the non - settlement defendants entered into a commercial lease of the subject property with a term of June 20, 2009, to November 1, 2014. 5. WHEREAS, at all times relevant, the non - settlement defendants were the tenants and exclusive occupants of the property and directly caused all of the code compliance violations in this action to occur. 6. WHEREAS, following the County's commencement of this action, the Settlement Defendants filed against the non - settlement defendants a Notice to Vacate the subject property on or about January 31, 2014, and initiated an eviction action against the non- settlement defendants on or about March 26, 2014. 7. WHEREAS, on July 9, 2014, non - settlement defendant Charles Barra filed a Su eg sg tion of Bankruptcy in the United States Bankruptcy Court for the Southern District of Florida, after which this action and the Settlement Defendants' eviction action were stayed by virtue of the federal bankruptcy laws' automatic stay provision(s). 8. WHEREAS, Judge A. Jay Cristol of the United States Bankruptcy Court for the Southern District of Florida entered an Order dismissing non - settlement defendant 3of11. Charles Barra's Chapter 13 bankruptcy case on or about February 3, 2015, after which said automatic bankruptcy stay was vacated. 9. WHEREAS, the Settlement Defendants thereafter obtained an Order Directing Execution on Writ of Possession of the subject property on or about March 12, 2015, and after re- possessing the property, proceeded to correct the numerous violations never cured by the non - settlement defendants, and corrected said violations on or about June 20, 2016. 10. WHEREAS, the County prevailed on its Motion for Summary JudgLnent against this action's defendants not parties to this settlement, Aqua Ranch, Inc., Charles Barra as officer of Aqua Ranch, Inc., and Kristin Kurtz as officer of Aqua Ranch, Inc. (these three specifically identified latter'parties hereafter referred to as "the non - settlement defendants "), and obtained a Final Money Judgment of Code Enforcement Lien for the full amount of the above - identified liens against said non - settlement defendants on October 11, 2016, which was recorded (1) on October 18, 2016, at Document Number 2095741, Book 2820, Page 1816, of the Official Records of Monroe County, (2) on December 15, 2016, at Book 30347, Pages 2810 -2815, of the Official Records of Miami- Dade County, (3) on November 23, 2016, at Instrument Number 114060204 of the Official Records of Broward County, (4) on December 14, 2016, at Book 28766, Pages 1983 -1988, of the Official Records of Palm Beach County, and (5) on April 4, 2017, as a . Florida Department of State - Division of Corporations Judgment Lien Certificate bearing assigned file number J17000186512. 4of11 J 11. WHEREAS, the County and the Settlement Defendants, having proceeded successfully through court- ordered mediation, and desire to settle and compromise and hereby stipulate and agree to the following: NOW, THEREFORE, for good and valuable consideration, the adequacy of which is hereby expressly acknowledged and attested to by the undersigned parties, the County and the Settlement Defendants hereby agree as follows: Section 1 - Recitals. The foregoing recitals are true and correct and are hereby incorporated as if fully set forth herein. Section 2 - Compromise and Settlement. The parties have entered into this agreement knowingly, freely, and voluntarily, having determined that they have adequate information upon which to make informed decisions and having decided that it is in their best interests to amicably resolve this action. A. Neither party is under coercion or duress. Neither has been forced into this agreement or threatened in any way. B. Neither party knows of ;any fact or circumstance, which would cause this agreement to be void orj unenforceable. C. The County's liens agaiµnst the property (including the County's costs), as of November 1, 2017, are $1,370,931; the Settlement Defendant(s) admit, agree, and attest that they are j D. The Settlement County from, whether accountings, actions, - severally liable for the full amount of said liens. forever waive, and release, remise, and discharge the or issued under state or federal law, any and all s, causes -of- action, claims, contracts, compensations, controversies, costs, counts, damages, debts, defenses, demands, interest 5of11 (including pre judgment and post judgment interest), judgments, liability, proceedings, reckonings, suits, attorney's fees, expenses (including, but not limited to, administrative, investigative, and /or expert expenses), and orders in law or in equity, of every kind or nature, arising out of, or in any manner relating or collateral to, any of the claims that were raised or could have been raised in the litigation in the Circuit Court of the 16th Judicial Circuit in and for Monroe County, Florida, styled Monroe County Board of County Commissioners v. Aqua Ranch, Inc., et al., Case No. CA -M -14 -165, or in any way arising out of, in connection with, related to, or collateral to Code Compliance Case Nos. CE09040149 and CE10070149. E. The Settlement Defendants warrant that they have not assigned, sold, or transferred any liability or action, agreement, cause -of- action, claim, contract(s), controversy(ies), costs, damage(s), expense(s), promise(s), attorney's fees, administrative expenses, judgment(s), and /or order(s), in law or in equity, which the Settlement Defendant(s) had, have, or may have, against the County arising out of, in connection with, related to, or in any manner collateral to the subjects of this Settlement Agreement and its underlying administrative and circuit court litigation. F. It is agreed and understood that this Settlement Agreement shall be and is forever binding upon the County and the Settlement Defendants, including the latter parties' assigns, beneficiaries, heirs, and /or successors -in -title and /or successors- in- interest. 6of11 G. The parties agree to that the Settlement Defendants shall fully pay an amended fine $158,573.84, within thirty (30) days of the County's written approval of this agreement, in the form of the Mayor's executed approval of this Settlement Agreement H. Except as may otherwise be specifically stated herein, this is the entire agreement between the parties to this date. There are no promises or understandings except as set out herein. Any prior understandings not memorialized in this agreement are repudiated. I. After the Settlement Defendants have fully paid the amended fine due as set forth in foregoing Paragraph G. ($158,573.84), the County agrees to JL Issue to the Settlement Defendant(s) a Release regarding the code compliance liens subject to this circuit court action, said Release of which shall be exclusive to the Settlement Defendants Zamindari Investments, Inc., and David E. DeWitt as officer of Zamindari Investments, Inc., but which shall in no way affect or otherwise have any legal effect upon the active, live, enforceable, and executable Final Money Judgment of Code Enforcement Lien that the County has obtained against the non - settlement defendants Aqua Ranch, Inc., Charles Barra as officer of Aqua Ranch, Inc., and Kristin Kurtz as officer of Aqua Ranch, Inc.; and (2) Submit an Agreed Order of Voluntary Dismissal with Prejudice voluntarily dismissing this action against the Settlement Defendants and authorizing judicial closure of said case as against the Settlement Defendants. 7of11 J. Neither the property, nor any portion thereof, or any interest in the property, may be sold, transferred, or otherwise alienated or encumbered unless and until the Settlement Defendant(s) have paid the settlement amount of $158,573.84 in full. Section 3 - Continuing Jurisdiction. The parties shall jointly request that the Circuit Court shall retain jurisdiction of this action for the sole purpose of enforcing the terms of this Settlement Agreement Section 4 - Governing Law and Venue. This Settlement Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida, and venue for all claims, controversies, or disputes relating to this Settlement Agreement shall remain in the Circuit Court of the 16th Judicial Circuit in and for Monroe County, Florida. Section 5 - Construction of Agreement. This Settlement Agreement shall be construed against the party whom first executes this Agreement, being it that under this Agreement the first party to execute this Agreement shall be interpreted to mean that said party in fact and in law constitutes the drafter and the preparer of this Agreement. Section 6 - Default. In the event the Settlement Defendants fail to timely pay the full amount of $158,573.84, within thirty (30) days of the County's written approval of this agreement (as set forth above), the County shall give the Settlement Defendants five (5) days within which to cure such breach of this Settlement Agreement by making the scheduled remaining payment due plus $1,000 for each day payment is late, after which the County may seek immediate enforcement of this Settlement Agreement by the Circuit Court. If such default is not cured after said five (5) day period, the fine amount shall revert to the full amount of $1,370,931. In the event the County is required to initiate legal proceedings to enforce the terms 8of11 of this Settlement Agreement if the County prevails, the County shall be entitled to, in addition, an award of reasonable attorneys' fees and costs of suit. Section 7 - Warranty of Authority to Execute. The signatories represent and warrant that they have full authority to execute this Settlement Agreement on behalf of and to bind their respective parties. Section 8 - Agreement to Cooperate. The parties will cooperate in taking all necessary corporate and organizational action necessary to effectuate this Agreement. Section 9 - Captions and Paragraph Headings Captions and paragraph headings, where used herein, are inserted for convenience only and are not intended to descriptively limit the scope and intent of the particular paragraph or text to which they refer. Section 10 - Inconsistency, Partial Invalidity, Severability, and Survival of Provisions If any condition, provision, reservation, restriction, right, or term of this Settlement Agreement, or any portion(s) thereof, is /are held to be invalid or unenforceable by any administrative hearing officer or by a court of competent jurisdiction, the invalidity or unenforceability of such condition, provision, reservation, restriction, right, or term, or any portion(s) thereof, shall neither limit nor impair the operation, enforceability, or validity of any other condition, provision, reservation, restriction, right, term, or any remaining portion(s) thereof. All such other conditions, provisions, reservations, restrictions, rights, terms, and remaining portion(s) thereof shall continue unimpaired in full force and effect. Section 11 - Condition Precedent to County Approval. The Settlement Defendants understand and agree that the County shall not be understood to have, or be otherwise treated as, having approved or ratified this Agreement until this Agreement has been submitted for consideration and approved by the Board of County Commissioners (hereinafter `BOCC ") as a 9of11 duly- noticed Monroe County BOCC meeting agenda item. If not so approved, then this Agreement shall be considered immediately null and void. Section 12 - Integration and Effective Date This Settlement Agreement constitutes the entire Settlement Agreement and any representation or understanding of any kind preceding the date of the County's written execution of this Agreement is not binding on either of the undersigned parties except to the extent that it has been incorporated into this Settlement Agreement. Section 13 - Non - Reliance by Third - Parties No person(s) or entity(ies) shall be entitled to rely upon the conditions, provisions, or terms of this Settlement Agreement to enforce or to attempt to enforce any third -party claim(s) or entitlement(s) to or benefit(s) from any conditions, provisions, or terms hereunder, as to Code Compliance Case Nos. CE09040149, CE 10070149, Circuit Court Case No. CA -M -14 -165, as precedent to their own Code Compliance Case(s) and/or Circuit Court case(s), or otherwise. PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS of Monroe County, Florida, at a regular meet;�eld oxhe' 14 of November, 2017.. —' Mayor David Rice - Yes Mayor Pro Tem Sylvia Murphy Yes Commissioner Heather Carruthers Yes Commissioner Danny Kolhage Yes Commissioner .George Neugent Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, rj 1 �y r David Rice MONROE COUNTY ATTORNEY O ` \ ' APPROVED AS TO FORM (SEALS 8 b p et�n PETER MORRIS ATTEST�K1yVIN MADOK, CLERK ASSISTANT COUNTY ATTORNEY z5 Date: DEPUTY CLERK 10 of 11 ' � From A I CHOLAS VJ. MUL I CK PA `RTNESSESS TO ALL: JA 14 ciOS Witness No. 1 (Print Name) ness No. 1 (Signature) iAC\Ck6 Q,1 C7 Witnes (Print Name) Witness No. 2 ( ighatu STATE OF T COUNTY O 305 852 8880 11/09/2017 12:12 #244 P.002/012 PASSED AND APPROVED BY ZAMINDARI INV:ESTMEN David E. DeWitt (Signature) 0 44q The foregoing Stipulation of Settlement, was acknowledged and attested before me this I day of .nQ b , 2017, by David E. DeWitt who is /are personally known to me or produc t 1 1 I j G _ as proof of identification and did take an oath. ;Py YOSHIMIBAEZ MY COMMISSION N FF 954484 a< EXPIRES: January 26, 2020 Bonded Thru Notary Public Underwriters Notary Public Seal 11 of 11 Notary Public (Signature)