Item R2BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 11/17/15
Bulk Item: Yes X
Division: Growth ManagemcntlCode
No Staff Contact /Phone #: Steve Williams; 292-3470
AGENDA ITEM WORDING: Approval of a mediated settlement agreement for a Code Compliance
Lien Foreclosure Case styled Monroe County v. Simon L. Sherrill and Sandra Jo Sherrill, Case No.:
15-CA-223-P, regarding real property located at 102870 Overseas Highway, Key Largo, FL.
ITEM BACKGROUND: On 12/23/13, the County initiated Code Enforcement Case CE13100140,
regarding, 102870 Overseas Highway, Key Largo, for the property owner's failure to connect the
property to the central sewer system. A compliance date of 6/1/14 was ordered; defendants gained
compliance on 3/6115, accruing fines of $100 per day for 277 days, for a fine of $27,700.00 plus costs
of $2,216.00, totaling $29,916.00, due to the County. The BOCC approved, on 3/18/15, institution of
a civil action against defendant.
The civil action was filed on 4/8/15. The total owed by Defendants is $29,916.00; a tentative
agreement was reached between the parties at a mediation conference on October 30, 2015, by which
the Defendants were given two payment plan options, subject to the approval of the Board of County
Commissioners;
1. The Defendants, Simon L. Sherrill and Sandra Jo Sherrill, offer to pay either two (2)
installments of $4,570.50, one each in thirty (30) and sixty (6) days after the execution of this
agreement; or
2. The Defendants, Simon L. Sherrill and Sandra Jo Sherrill, offer to pay three (3) installments of
$3,047.00, one each in thirty (30), sixty (60) and ninety (90) days after the execution of this
agreement.
Upon completion of said payments by the Defendants, the Plaintiff shall issue and record a Satisfaction
of Lien on the subject property, dismiss the civil action against the Defendants and discharge the Lis
Pendens. If Defendants fail to pay the monthly installments as agreed, the agreement is voidable and
will revert to full amount, upon written notice to the Defendant.
PREVIOUS RELEVANT BOCC ACTION: 4/8/15
CONTRACT/AGREEMENT CHANGES: NIA
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty<,,0MB/Purchasing Risk Management
DOCUMENTATION: Included Not Required
DISPOSITION:
Revised 7/09
AGENDA ITEM #
IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL
CIRCUIT, IN AND FOR MONROE COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA a
Political Subdivision of the State of Florida
Plaintiff
Vs.
CASE NO: 15-CA-223-P
CIVIL FORECLOSURE
DIVISION
SIMON L. SHERRILL AND SANDRA JO SHERRILL
Defendants
MEDIATION AGREEMENT
THIS ACTION having come to mediation as agreed to by all counsel and
being heard by the undersigned Mediator on the 30t" day of October, 2015, at
10:00 a.m., the parties hereby stipulate and agree to the following matters and/or
issues:
There is currently a lien of $27,700.00 plus $2,216.00, plus Service of
Process costs. The Board of County Commissioners will issue and record a
Satisfaction of Lien once the following payments have been made, which both
parties agree will be as follows:
Counsel for the Plaintiff, Peter Morris, will present to the Plaintiff the
following two (2) payment plans:
A. The Defendants, Simon L. Sherrill and Sandra Jo Sherrill, offer to pay
either two (2) installments of $4,570.50, one each in thirty (30) and
sixty (60) days after the execution of this agreement, or three (3)
installments of $3,047.00, one each in thirty (30), sixty (60) and ninety
(90) days after the execution of this agreement. Upon completion of
said payments by the Defendants, the Plaintiff shall issue and record a
Satisfaction of Lien on the subject property, located at 102870
Overseas Highway, Key Largo, Florida 33037.
B. All parties hereto understand and agree that Plaintiffs counsel will
present the above terms as a settlement option to the Plaintiff, and that
the validity of this agreement is subject to the approval of the Board of
County Commissioners. If it is not so approved as an acceptable
settlement, then this agreement shall be null and void.
The parties further agree that:
1. There is good and valuable consideration for this agreement.
2. 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.
3. Each party had had the opportunity to fully discuss settlement in
general and this agreement, as well as each of its terms, with his or
her lawyer. Each is satisfied with the services rendered to him or her
by his or her own counsel during and throughout these proceedings.
4. Each party is full satisfied with the services of the Mediator. Counsel
and all parties have paid or will pay his or her share of the Mediator's
fee. This document will be filed with the Court in this cause of action
upon payment of all outstanding fees to the Mediator. The Defendant
will pay $100.00 in Mediation fees, within twenty (20) days of execution
of this agreement. The Mediator has given no legal advice to either
party.
5. No party is under the influence of any substance which could impair his
or her judgment or ability to comprehend this agreement or the
consequences of signing it.
6. Time is of the essence.
7. Each party will cooperate with the other and execute any documents
necessary or convenient to the effectuation of this agreement.
8. 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 are
repudiated.
9. Neither party is under coercion or duress. Neither has been forced into
this agreement or threatened in any way.
10. Neither party knows of any fact or circumstance which would cause
this agreement to be void or unenforceable.
11. Each party has the ability to make all payments and to pay all sums as
provided herein.
12. Each party intends to be bound by this agreement and provides that it
is binding on their heirs, beneficiaries, successors and assigns.
13. This agreement is effective upon signing.
All matters raised at the Mediation Conference remain privileged and
confidential, unless otherwise agreed to by all parties and ordered by the Court.
Dated this day of October, 2015.
ter.
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Signature of Plaintiff's Counsel, Peter Morris
Sig nakre efendant, SIMON \ SHEkRIjL
re of Defendant, SANb.�A JO SHERRILL