Item O033
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.3
Agenda Item Summary #1493
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 CE11120081 and
case number 15-CA-560-P between Monroe County and Key Largo Service Station, LLC, regarding
the lot located at 98210 Overseas Highway, Key Largo, Florida, 33037.
ITEM BACKGROUND:
As a result of the Special Magistrates Order for code compliance case CE11120081, and non-
compliance, the BOCC approved the initiation of litigation against the property owners on
September 17, 2014. The property owner gained compliance on November 19, 2015. As a result
fine(s) of $200.00 per day ran for 786 days (September 24, 2013 - November 19, 2015), for a total of
$157,200.00, due to the County. The BOCC approved, on 9/17/14, institution of a civil action
against defendant.
The civil action was filed on 8/26/15. The total owed $157,200.00; a tentative agreement was
reached between the parties at a mediation conference on February 22, 2016, by which the
Defendant signed into a settlement agreement, subject to approval of the Board of County
Commissioners.
Under the proposed settlement agreement, Ignacio M. Urbieta and Guillermo Urbieta, registered
agents for Key Largo Service Station, LLC, would pay a total of $33,002.61. Six equal monthly
payments of $5,500.44, beginning on July 1, 2016 until the total sum is paid in full.
Upon completion of said payments 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. If Defendant fails to pay the monthly installments as agreed, the
agreement is voidable and will revert to full amount, upon written notice of the Defendant.
PREVIOUS RELEVANT BOCC ACTION:
On September 17, 2014 the BOCC approved to initiate litigation.
CONTRACT/AGREEMENT CHANGES:
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Settlement Agreement
DOCUMENTATION:
Mediation Agreement - Key Largo Service Station, LLC
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:
STAFF RECOMMENDATION:
Approval of Settlement Agreement $33,002.61.
REVIEWED BY:
Steve Williams Completed 03/22/2016 9:14 AM
Bob Shillinger Completed 03/22/2016 1:18 PM
Kathy Peters Completed 03/22/2016 1:23 PM
Board of County Commissioners Pending 04/20/2016 9:00 AM
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