Loading...
Item S10ToWN 16,11 km UVAIN t_ Meeting Date: July 15, 2015 Department: County Attorney Bulk Item: Yes X No Staff Contact /Phone #: Peter Morris/305-289-2524 AGENDA ITEM WORDING: Presentation of a settlement offer in Robert Denenberg v. Marine Mammal Conservancy, Richard Gudoian, Jr., and Monroe County, CA P 14-3 64. ITEM BACKGROUND: The County is the judgment creditor of the Marine Mammal Conservancy (MMC) based upon two senior mortgages ($520,491.29 plus interest) that were purchased from Robert Denenberg and Richard Gudoian. In addition, the County is foreclosing on liens securing $598,530.70 in fines arising out of three code compliance cases arising from MMC's property located at 102200 Overseas Highway, Key Largo. MMC now proposes to pay the County's outstanding mortgage judgments in full, and to pay the County $70,000 towards the liens in exchange for full settlement of the above -described litigation. MMC's offer represents @ 11.7% of the fine amount plus 100% of the two final judgments securing the first and second mortgages purchased by the County. Under the Rules of Professional Conduct, the County Attorney is obligated to present this offer of settlement to the BOCC for consideration. PREVIOUS RELEVANT BOCC ACTION: On 1/21/15, the Board agreed to purchase the judgments held by Messrs. Denenberg and Gudoian. STAFF RECOMMENDATIONS: Reject this settlement offer. 10 1 W W 01 41.4 0Q, �� � � 11! 1 1111`11i'111 11: 1 119 IS 01 W 04 IS 51 COST TO COUNTY: n/a SOURCE OF FUNDS: n/a REVENUE PRODUCING: Yes xx No One time amount of $590,491.29 APPROVED BY: County Attorney /��OMB/Purchasing n/a L Risk Management n/a DOCUMENTATION: Included x Not Required DISPOSITION:.. AGENDA ITEM # Revised 6/15 Shillinger-Bob From: Morris -Peter Sent: Tuesday, June 30, 2015 5:09 PM To: Shillinger-Bob Cc: Bradley -Brian Subject: FW: For Settlement Purposes Only From: Michael Corey [ma i Ito: Mcorey@obrontcorey.com] Sent: Friday, June 26, 2015 11:27 AM To: Morris -Peter Subject: RE: For Settlement Purposes Only Dear Mr. Morris, My client, Marine Mammal Conservancy ("MMC"), has confirmed a global settlement offer. In exchange for a release of the code enforcement liens on the subject Property under Monroe County Code Enforcement Case No. CE06030008 and Monroe County Code Enforcement Case No. CE09030107 (collectively the "Liens") and, the two Final Judgments of Foreclosure in the County's possession which are the subject of the lawsuit styled Denenberg v. Marine Mammal Conservancy, Inc., et al., Monroe County Circuit Court Case No. 14-CA- 000364A 001PK (collectively the "Final Judgments"), MMC will pay the County the following amounts to Monroe County within 180 days of the date a Settlement Agreement is signed: (1) $70,000 on the Liens; and (2) the full amount of the Final Judgments plus statutory interest calculated to the date the parties sign the written Settlement Agreement. I hope the County will seriously consider this offer. Please let me know if the item can still be added to the Monroe County Board of County Commissioner's (the "Board") July 15, 2015 meeting agenda for consideration of MMC's proposal. A representative of MMC will be present at the meeting to present our proposal to the Board and request that the Board accept the proposal in exchange for releasing the Liens. Again, I appreciate the County's consideration of our mitigation request. If you need any additional information from me or I need to do anything else to get the item on the Board's July 15th agenda, please let me know. Sincerely, Michael Michael James Corey I Partner Obront Corey, PLLC Southeast Financial Center 200 South Biscayne Boulevard, Suite 2940 Miami, Florida 33131 Telephone: 305.373.1040 Facsimile: 305.373.2040 Cellular: 305.726.1786 Email: mcore @obrontcore .com NOTICE: This message is from the law offices of Obront Corey, PLLC. The information contained in this electronic mail transmission and any attachments may contain privileged or confidential information and may be protected by legal privilege. This message is intended only for the individual or entity to which it is directed. If you are not the addressee, or if this message has been addressed to you in error, you are not authorized to use, read, copy or distribute this message and any attachments, and we ask that you please immediately delete this message and attachments (including all copies), and notify the sender by return e-mail or telephone at 305.373.1040 so that our records can be corrected. Delivery of this message and any attachments to any person other than the intended recipient(s) is not intended in any way to waive confidentiality or privilege. All personal messages express views only of the sender, which are not to be attributed to the law offices of Obront Corey, PLLC and may not be distributed or copied without this statement. IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code, or (2) promoting, marketing or recommending to another party any transaction or matter addressed herein. From: Michael Corey Sent: Thursday, June 25, 2015 2:35 PM To: 'Morris -Peter' Subject: RE: For Settlement Purposes Only Understood. I am trying to work that out now. Michael Michael James Corey I Partner Obront Corey, PLLC Southeast Financial Center 200 South Biscayne Boulevard, Suite 2940 Miami, Florida 33131 Telephone: 305.373.1040 Facsimile: 305.373.2040 Cellular: 305.726.1786 Email: mcore Cobrontcore .com NOTICE: This message is from the law offices of Obront Corey, PLLC. The information contained in this electronic mail transmission and any attachments may contain privileged or confidential information and may be protected by legal privilege. This message is intended only for the individual or entity to which it is directed. If you are not the addressee, or if this message has been addressed to you in error, you are not authorized to use, read, copy or distribute this message and any attachments, and we ask that you please immediately delete this message and attachments (including all copies), and notify the sender by return e-mail or telephone at 305.373.1040 so that our records can be corrected. Delivery of this message and any attachments to any person other than the intended recipient(s) is not intended in any way to waive confidentiality or privilege. All personal messages express views only of the sender, which are not to be attributed to the law offices of Obront Corey, PLLC and may not be distributed or copied without this statement. IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code, or (2) promoting, marketing or recommending to another party any transaction or matter addressed herein. From: Morris -Peter [mailto:Morris-Peter@Mon roeCounty-FL.Gov] Sent: Thursday, June 25, 2015 2:30 PM To: Michael Corey Subject: RE: For Settlement Purposes Only Mr. Corey, As a corollary, if your client has a global settlement offer to make, it should also be made now. Thank you, Peter Morris Assistant County Attorney Monroe County Attorney's Office 1111 12th Street, Suite 408 Key West, FL 33040 (305)292-3470 (305) 292-3516 (fax) Please note that Florida has a broad public records law and that any communication with the County could be considered a public record. If you do not wish for your email address to become a public record, use the telephone or some other method of conveying your message. From: Morris -Peter Sent: Thursday, June 25, 2015 2:07 PM To: 'Michael Corey' Subject: RE: For Settlement Purposes Only Mr. Corey, In my opinion, it is not in our client's best interest to entertain a partial settlement offer that fails to secure payment of the mortgage judgments. I will bring this offer of settlement to the formal attention of our office and advise as to whether this may be heard at the July meeting of the BOCC. Thank you, Peter Morris Assistant County Attorney Monroe County Attorney's Office 1111 12th Street, Suite 408 Key West, FL 33040 (305)292-3470 (305) 292-3516 (fax) Please note that Florida has a broad public records law and that any communication with the County could be considered a public record. If you do not wish for your email address to become a public record, use the telephone or some other method of conveying your message. From: Michael Corey [mailto:Mcorev@obrontcorev.com] Sent: Thursday, June 25, 2015 12:43 PM To: Morris -Peter Subject: RE: For Settlement Purposes Only Mr. Morris, This offer is to resolve the code enforcement liens only. We are still working on the mortgages. If you think that the Board would only consider a global settlement offer (including the mortgages) I can put that together but would probably need at least 3 months to pay so that the necessary funds can be procured. Michael Michael James Corey I Partner Obront Corey, PLLC Southeast Financial Center 200 South Biscayne Boulevard, Suite 2940 Miami, Florida 33131 Telephone: 305.373.1040 Facsimile: 305.373.2040 Cellular: 305.726.1786 Email: mcore Cobrontcore .com NOTICE: This message is from the law offices of Obront Corey, PLLC. The information contained in this electronic mail transmission and any attachments may contain privileged or confidential information and may be protected by legal privilege. This message is intended only for the individual or entity to which it is directed. If you are not the addressee, or if this message has been addressed to you in error, you are not authorized to use, read, copy or distribute this message and any attachments, and we ask that you please immediately delete this message and attachments (including all copies), and notify the sender by return e-mail or telephone at 305.373.1040 so that our records can be corrected. Delivery of this message and any attachments to any person other than the intended recipient(s) is not intended in any way to waive confidentiality or privilege. All personal messages express views only of the sender, which are not to be attributed to the law offices of Obront Corey, PLLC and may not be distributed or copied without this statement. IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code, or (2) promoting, marketing or recommending to another party any transaction or matter addressed herein. From: Morris -Peter [mailto:Morris-Peter@Mon roeCounty-FL.Gov] Sent: Thursday, June 25, 2015 12:40 PM To: Michael Corey Subject: RE: For Settlement Purposes Only Mr. Corey, I confirm receipt of the below offer of settlement by this e-mail. Is MMC's offer of $70,000 over and above the full amount of the two mortgage judgments Monroe County currently holds against your client? In other words, is your client's settlement offer to pay the full amount of the two mortgage lien judgments in addition to lus $70,000 to settle the outstanding Code Enforcement liens? Thank you, Peter Morris Assistant County Attorney Monroe County Attorney's Office 1111 12th Street, Suite 408 Key West, FL 33040 (305)292-3470 (305) 292-3516 (fax) Please note that Florida has a broad public records law and that any communication with the County could be considered a public record. If you do not wish for your email address to become a public record, use the telephone or some other method of conveying your message. From: Michael Corey[mailto:Mcore,r@obrontcorev.com] Sent: Thursday, June 25, 2015 11:04 AM To: Morris -Peter Subject: For Settlement Purposes Only For Settlement Purposes Only- Privileged Settlement Communication Pursuant to Section 90.408, Fla. Stat. (2014) Dear Mr. Morris, It was a pleasure speaking with you yesterday. My client, Marine Mammal Conservancy ("MMC"), has asked me to propose a settlement to Monroe County to resolve the current code enforcement liens on the property located at 102200 Overseas Highway, Key Largo, Florida 33037 (the "Property"). To my understanding, the current code enforcement liens on the Property were filed under Monroe County Code Enforcement Case No. CE06030008 and Monroe County Code Enforcement Case No. CE09030107 (collectively the "Liens"). In exchange for releasing the Liens, MMC offers to pay Monroe County $70,000. MMC respectfully requests that the Monroe County clerk add an item on the Monroe County Code Enforcement Board's (the "Board") July 15, 2015 meeting agenda for consideration of MMC's proposal. A representative of MMC will be present at the meeting to present our proposal to the Board and request that the Board accept the proposal in exchange for releasing the Liens. Again, I appreciate the County's consideration of our mitigation request. If you need any additional information from me or I need to do anything else to get the item on the Board's July 15th agenda, please let me know. Sincerely, Michael Michael James Corey I Partner Obront Corey, PLLC Southeast Financial Center 200 South Biscayne Boulevard, Suite 2940 N. Miami, Florida 33131 Telephone: 305.373.1040 Facsimile: 305.373.2040 Cellular: 305.726.1786 Email: mcore Cobrontcore .com NOTICE: This message is from the law offices of Obront Corey, PLLC. The information contained in this electronic mail transmission and any attachments may contain privileged or confidential information and may be protected by legal privilege. This message is intended only for the individual or entity to which it is directed. If you are not the addressee, or if this message has been addressed to you in error, you are not authorized to use, read, copy or distribute this message and any attachments, and we ask that you please immediately delete this message and attachments (including all copies), and notify the sender by return e-mail or telephone at 305.373.1040 so that our records can be corrected. Delivery of this message and any attachments to any person other than the intended recipient(s) is not intended in any way to waive confidentiality or privilege. All personal messages express views only of the sender, which are not to be attributed to the law offices of Obront Corey, PLLC and may not be distributed or copied without this statement. IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code, or (2) promoting, marketing or recommending to another party any transaction or matter addressed herein.