Item O02
3
CM
ounty of onroe
BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers, District 3
Mayor Pro Tem George Neugent, District 2
TheFloridaKeys
Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
April 20, 2016
Agenda Item Number: O.2
Agenda Item Summary #1491
BULK ITEM: DEPARTMENT:
Yes County Attorney's Office
TIME APPROXIMATE:STAFF CONTACT:
Steve Williams (305) 289-2584
N/A
AGENDA ITEM WORDING:
Approval of a settlement agreement in code case CE13060031 and
case number 15-CA-327-P between Monroe County and GMAC Mortgage, LLC, regarding the
property located at 367 King Avenue, Key Largo, FL 33037.
ITEM BACKGROUND:
As a result of the Special Magistrates Order for code compliance case CE13060031, and non-
compliance, the BOCC approved the initiation of litigation against the property owners on March 18,
2015. Fines started to run on August 2, 2014 at $100.00 per day. On July 24, 2015, defendants paid
all costs and fines through August 2, 2015, for a total of $38,655.36. Since compliance was not
achieved fines would resume August 3, 2015. On September 17, 2015, defendants made another
payment of $5,300.00 towards fines still accruing. These payments reflect fines paid up through
September 25, 2015. Defendants paid the sum of $43,955.36.
The civil action was filed by the County on September 14, 2015. In an unusual turn of events, while
one branch of GMAC was avoiding service of process (not obtained until October 20, 2015), another
branch of GMAC sent checks for outstanding fines as stated above on July 24th and September 17,
2015. Upon obtaining service of process, corporate counsel was shocked to learn his client had
already sent two checks.
Court ordered mediation was scheduled and took place on February 3, 2016, where a tentative
agreement was reached between the parties. This agreement is contingent upon successful inspection
by both the Department of Health and Monroe County. Defendant signed into a settlement
agreement, subject to approval of the Board of County Commissioners.
Under the proposed settlement agreement and final inspection (which has occurred), the County will
accept $15,700.00 in total, inclusive of fines and costs regarding the property. At mediation both
parties acknowledge that Defendant has already paid the sum of $43,955.36 to the County, which
will necessitate a refund of $28,255.36 from the County to the Defendant. These figures represent a
settlement above the County's traditional 25% threshold and are being brought to the BOCC due to
the unique nature of the refund.
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Upon completion of settlement and release agreement by the Defendant the Plaintiff shall issue and
record a Satisfaction of Lien on the subject property, dismiss the civil action against the Defendant
and discharge the Lis Pendens.
PREVIOUS RELEVANT BOCC ACTION:
On March 18, 2015 the BOCC approved to initiate litigation.
CONTRACT/AGREEMENT CHANGES:
Settlement agreement
DOCUMENTATION:
Mediation Agreement - MC v. GMAC
GMAC timeline
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: If yes, amount:
Grant:
County Match
:
Insurance Required:
Additional Details:
Monroe County Code Compliance will refund the $28,255.36 if the settlement agreement is
approved.
04/20/16 148-60500 · CODE ENFORCEMENT ($28,255.36)
Refund
STAFF RECOMMENDATION:
Approval of Settlement Agreement.
REVIEWED BY:
Steve Williams Completed 03/21/2016 3:32 PM
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Bob Shillinger Completed 03/31/2016 7:36 PM
Kathy Peters Completed 04/05/2016 3:37 PM
Board of County Commissioners Pending 04/20/2016 9:00 AM
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