11/17/2020 Agreement =a _si—,', Kevin Madok, CPA
a,y et Clerk of the Circuit Court& Comptroller—Monroe County, Florida
DATE: November 23, 2020
TO: Abra Campo, Executive Administrator
County Attorney's Office
Paunece Scull, Assistant County Attorney
FROM: Pamela G. Han �' . .
SUBJECT: November 17'1' BOCC Meeting
Attached is an electronic copy of the following item for your handling:
R5 Settlement Agreement in Monroe County v. Summer]and Key Marina, LLC and
George.5'erehiaro6, Case No. 18-CA-1205-K.
Should you have any questions, please feel free to contact me at (305) 292-3550.
cc: Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 330
305-294-4641 305-289-6027 305-852-7145 305-852-7145
SETTLEMENT AGREEMENT AND RELEASE
The Parties, BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY
FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, and,
SUMMERLAND KEY MARINA, LLC, hereby enter into this Settlement Agreement and
Release(hereinafter referred to as the"Agreement").
A.RECITALS
1. SUMMERLAND KEY MARINA, LLC is the current owner of the real
property located at 24326 Overseas Highway,Summerland Key,Florida 33042,with a parcel
identification number of 00190830-0000. (hereinafter referred to as the"Property").
2. GEORGE SECCHIAROLI is the owner of SUMMERLAND KEY
MARINA,LLC.
3. On or about July 20, 2011, Monroe County Code Compliance Department
caused to be flied Code Enforcement Case No. CE-I 1070030 concerning the Property.
4. On or about July 28,2011, as a result of a signed stipulation agreement -
the Monroe County Code Enforcement Special Magistrate in Case No. CE-1 I070030 entered
a Final Order finding the Property to be in violation of the Monroe County Code as alleged
by Monroe County Code Compliance.
5. On or about February 18, 2015, the July 28, 2011 Final Order was
recorded in the Public Records of Monroe County, Florida at Book 2725, Page 391,as a lien
against the Property.
6. On August 27,2015 an Amended Final Order was entered by the Monroe
County Code Enforcement Special Magistrate in Case No.: CE-i 1070030, amending the
July 28, 2011 Final Order and authorizing further foreclosure and/or money judgment
proceedings. On or about September 8, 2015 the Amended Final Order was recorded in the
Public Records of Monroe County, Florida at Book 2759, Page 1638 as a lien against the
Property.
7. On or about October 10, 2018, the BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY FLORIDA as Plaintiff caused to be filed a
suit against SUMMERLAND KEY MARINA, LLC and GEORGE SECCHIAROLI, as
Defendants,in the Circuit Court of Monroe County,Case Number 18-CA-001205-K.
8. After discussions between counsel for BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY FLORIDA, A POLmCAL SUBDIVISION
OF THE STATE OF FLORIDA and SUMMERLAND KEY MARINA, LLC and GEORGE
SECCHIAROLI, the parties have agreed to settle all of their separate claims and defenses
against one another and agree that they shall have no claims against one another for all or any
damages,fines,attorney's fees or costs relating to the matters which were or could have been
raised in the above referenced Code Enforcement Case No. CE-I 1070030 and the resulting
Final Order and Amended Final Order, as well as the result Circuit Court case bearing Case
No. 18-CA-001205-K.
B. SETTLEMENT TERMS
9. The above stated recitals are true and correct and made a part of this
Settlement Agreement and Release(hereinafter"Agreement").
10. SUMMERLAND KEY MARINA, LLC and GEORGE SECCHIAROLI
shall immediately, however no later than seven (7) days from the date of the execution of this
Agreement pay the following amounts to BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF
FLORIDA:
a. Fines: $25,000.00
b. Costs: S3,267.60
TOTAL: 528,267.60
11. Upon confirmation that the settlement funds have cleared, BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY FLORIDA, A POLITICAL
SUBDIVISION OF THE STATE OF FLORIDA shall:
a. file a satisfaction and release of all liens against the Property that
stem from CE•I1070030;and,
b. file a dismissal with prejudice of Circuit Court Case No.: 18-CA-
001205-K.
12. The parties agree and acknowledge that this Agreement does not
constitute, is not intended to be, and shall not be construed, interpreted or treated in any respect
as an admission of liability or wrongdoing by any of the parties referred to herein.
13. This Agreement shall be governed by and construed in accordance with
the law of the State of Florida, without regard to the conflicts of law provisions thereof. Any
dispute which may arise relating to this Agreement shall be subject to venue only in the Courts
of Monroe County,Florida.
14. This Agreement shall be binding upon and inure to the benefit of the
parties and their respective successors and assigns.
15. The parties, on behalf of itself, its agents, stockholders, employees,
representatives, assigns, and successors, fully releases and discharges the other party and its
agents,stockholders,employees,representatives,assigns,and successors,themselves,their heirs,
executors, personal representatives, family members,administrators,successors and assigns,any
entity and any person they control or represent, for good and valuable consideration,the receipt
of which is hereby acknowledged, hereby release and forever discharge one another, their
affiliated corporations, subsidiaries, predecessors, successors, attorneys, accountants, officers,
directors, shareholders, heirs, executors, family members, estates, personal representatives and
assigns (collectively "the Released Parties"), from any and all claims and causes of actions of
any nature or description against the Released Parties, whether such claims or causes of action
are known or unknown, suspected or unsuspected, accrued or not accrued, now exist, or
heretofore exist,with regard to the matters related in any manna to Code Enforcement Case No:
CE-I I070030,and,Circuit Court Case No.: 18-CA-001205-K.
16. This Agreement contains the entire understanding of the parties over the
issues described above, supersedes all prior agreements and understandings between the parties
on these issues, is intended to be a binding agreement between the parties, and shall not be
changed, modified, amended, extended, terminated, waived or discharged except by an
instrument in writing signed by the parties hereto. Except as stated, there are no other
agreements, expressed or implied,between the parties relating to the issues described.
17. Each of the Parties hereto hereby declares that prior to the execution of this
Agreement, they have apprized themselves of sufficient relative data in order to intelligently
exercise its/his/her own judgments in deciding on the contents of this Agreement and whether to
execute this Agreement The parties acknowledge that its, his or her decision to execute this
Agreement, is not as a result of undue influence or duress, and not predicated on or influenced by
any declarations or representations not set forth in this Agreement,or any other person or party,
or any predecessors in interest, its successors, assigns, officers, directors, employees, agents or
attorneys. Each of the parties hereto hereby further acknowledges and agrees that each of them
has had significant input in the development of this Agreement and this Agreement shall not,
therefore,be construed more strictly against any party responsible for its drafting.
18. In the event that one or more of the provisions contained in this
Agreement, or any of the documents or agreements contemplated hereby, should be invalid,
illegal or unenforceable in any respect,the validity,legality, and enforceability of the remaining
provisions contained herein shall not in any way be affected or impaired thereby.
19. Time is of the essence for all obligations contained herein.
20. In the event of any action or proceeding brought by either party against the
other party under this Agreement,the prevailing patty shall be entitled to recover for the fees of
its attorneys in such action or proceeding,including costs of appeal,if any,in such amount as the
court may adjudge reasonable as attomey's fees.
21. The parties acknowledge and agree that they (I) HAVE READ THIS
AGREEMENT AND HAVE FULL KNOWLEDGE OF ITS MEANING AND
CONSEQUENCES,(2)ARE REPRESENTED BY COUNSEL OF THEIR CHOICE OR HAVE
FREELY AND VOLUNTARILY CHOSEN NOT TO OBTAIN COUNSEL, AND (3) ARE
VOLUNTARILY, FREELY AND WILLINGLY ENTERING INTO THIS AGREEMENT BY
SIGNING BELOW. The parties further attest that no other promises or inducements have been
offered by this Agreement, other than those set forth above, and that they are legally competent
to execute this Agreement and accept full responsibility for it.
(THIS SECTION INTENTIONALLY LEFT BLANK}
Board of County Commissioners
of Monroe County,Florida
•
Dated: =_l `tek- 17 io Zc �—"� MO eign•
Mayor Michelle Coldiron
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ROE COUNTY ATfORI✓tY'S OFFICE
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