Item S08BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 15, 2015 Department: Coggly Attorne
Bulk Item: Yes X No
Staff Contact Person: Steve Williams 305-289-2526
AGENDA ITEM WORDING: Approval of a settlement agreement in code cases CE12070097
regarding property 193 Lorelane Place, Key Largo and CE13110090 regarding property 24 Sunset
Road, Key Largo; case number AP-14-2-P between Monroe County and Nemer Ahmad and Paradise
Key Largo, Inc. and authorization for the County Attorney's Office to execute on behalf of the Board.
ITEM BA_1_rW,-.,'9DTJ_CD:
The County has two code enforcement cases CE12070097 and CE13110090 against Nemer Ahmad
and Paradise Key Largo, Inc. regarding two different properties. Both properties are subject of a code
compliance case for violations of the County's vacation rental codes. In both code cases, CE12070097
and CE13110090 the Special Magistrate issued a Final Order to gain compliance by April 30, 2014 on
Monroe County Code Violation § 130-83(b) and May 16, 2014 on Monroe County Code Violation §
134-1(k)(1), along with a one-time fine in the amount of $10,000.00. The Appellants, Nemer Ahmad
and Paradise Key Largo, Inc. filed a Notice of Appeal in the Court of Appeals on May 21, 2014.
The County holds a valid code enforcement lien against the property located at 193 Lorelane Place,
Key Largo, Code case CE12070097, due to the fines imposed by the Code Enforcement Special
Magistrate. The Appellants agree to pay the settlement agreement of $6,760.00 in full and as of May
21, 2015, the amount of $6,760.00 was placed into attorney Jim Lupino's Escrow Account as a show of
good faith in resolving this code action.
In Code Enforcement Case CE13110090, on February 19, 2015 the Appellants paid the reduced agreed
upon amount of $43,426.72, which closed the code case. Currently, all fines and costs have been paid.
In Code Enforcement case CE12070097, the parties agree that once the outstanding lien has been
received the County shall voluntarily dismiss the above -cited Code Enforcement cases and issue
Appellants, Nemer Ahmad and Paradise Key Largo, Inc., a release and satisfaction of the underlying
code enforcement lien for filing by Nemer Ahmad and Paradise Key Largo, Inc., in the Offical Records
of Monroe County.
PREVIOUS RELEVANT BOCC ACTION: N/A
COWTIT* �, &MRR.V_E,1TT CH,4,,WGES: 11/4.
STAFF RECOMMENDATIONS: Approval of Settlement Agreement
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DOCUMENTATION: Included x Not Required
DISPOSITION: AGENDA ITEM #.
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CASE NO. AP-14-2-P
SETTLEMENT AGREEMENT
The Appellee, Monroe- County, Florida ("County") and Appellants, Namer Abmad, and
Paradise Key Largo, Inc., the parties agree to settle the above -styled matter as follows:
1. This action arose due to unpaid hens arising from code enforcement cases
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respectfully, for properties located at:
Lot 1, Block 3, SUNSET POINT, according to the Plat thereof, as recorded in Plat
Book 2, at Page 81, of the Public Records of Monroe County, Florida. Also known as
24 Sunset Road, Key Largo, Florida 33037, Monroe County, FL (RE #: 00490820-
000000) ("the Property) as a result of a violation found in Code Enforcement case
number CE13110090.
Lot 21, Block 14, KEY LARGO OCEAN SHORES ADDITION, according to the
Plat thereof, as recorded in Plat Book 4, Page 124, of the Public Records of Monroe
County, Florida. Also known as 393 Lorelane Place, Key Largo, Florida 33037,
Monme, -County, FL (RE #. 00500870-000000) ("the Property) as a result of a
violation found in Code Enforcement case number CE12070097.
2. Upon execution of this agreement and approval of the Board of County
Commissioners, the parties shall submit it to the Court for final approval. This
agreement shall take effect upon final approval by the Court.
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3. In Code Enforcement Case CE13110090,. Appellants were ordered to ,gain
compliance by April 30, 2014, with regards to the violation Of Monroe County Code
130-83(b) imposing a daily fine Of $500.00 per day which commenced running on
April 31, 2014, Compliance was achieved on April 30, 2014, therefore, no daily fines
accrued.
4. In Code Enforcement Case CE13110090, Appellants were ordered to gain
Compliance by May 16, 2014, with regards to the violation Of Monroe County Code
134-1 (k)(1) imposing a daily line Of $500-00 per day which commenced running on
May 17, 2014. COMP"Race was achieved on January 12, 2015. Daily fines accrued
for 240 days (May 17, 2014 — January 12, 2015) for a total to date. of $120,000.00.
5. In Code Enforcement Case CH13110090, the Special Magistrate imposed a one-time
. fine in the amount of $I o,000.00 with no reduction offer.
6- In Code Enforcement Case CB13110090, the cost amount to date with no reduction
Offer totals $3,426.72.
7. In Code Enforcement Case CE13110090, the lien for Monroe County Code § 134-
I (k)(1) was reduced by 75%, resulting in anew total of $30,000.00.
B. In Code Enforcement Case CE13110090, after reduction, the agreed upon amount
totals $43,426.72.
9. In Code Enforcement case CE13110090, on February 19,2015 fines, costs and the
One-time Payment was received.
10. In Code Enforcement Case CH12070097, the Appellants own the property.
11. In Code Enforcement CE12070097, the County holds a valid code enforcement lien
against the property due to lines imposed by the Code Enforcement Speci
al
Magistrate against Appellants for Monroe County Code § 130-83(b), §134-1(k)(1)
and a one-time fine in the amount of $10,000.00.
12. In Code Enforcement CE12070097, Appellants agree to pay a total of $6,760.00 in
full.
13. In Code Enforcement CE12070097, 'on May 21, 2015 the Appellants placed the
amount of $6,760.00 into attorney Jim Lupino's Escrow Account as a show of good
faith in resolving this code action.
14. Payment of the liens in both Code Enforcement cases, CE13110090 and CE 12070097
have been received, upon the execution of this agreement and approval from the
Board of County Commissions, the County will for both code cases:
a. File a notice of voluntary dismissal with prejudice and release of lis pendens with
the Cleric; and
b. Issue Appellants, Nemer Ahmad, and Paradise Key Largo, Inc,, a release and
satisfaction of the underlying code enforcement lien for filing by the Defendants
,,,
15. By entering into this agreement, each patty agrees to waive auy and all claims that it
could have raised and/or potential claimss that it might have been able to raise as a
result of the above -captioned Code Enforcement cases.
s
Appellants
Steven T. Williams Date
Assistant County Attorney ,