Item Q04 Q.4
County �� � .�� �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 nff `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
May 19, 2021
Agenda Item Number: Q.4
Agenda Item Summary #8158
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Peter Morris (305) 289-2584
No
AGENDA ITEM WORDING: Request to hold an Attorney-Client Closed Session in the matter of
Monroe County BOCC v. Magnolia 101, LLC, et al., Case No. 13-945-P, at the May 25, 2021
BOCC special meeting in Marathon, FL.
ITEM BACKGROUND: The County is currently in litigation in the matter of Monroe County
BOCC v. Magnolia 101,LLC, et al., Case No. 13-945-P (Fla. 16th Jud. Cir.). The County has a
hearing before the trial court set in June to determine the total amount of the Defendant's code
compliance fines due. The County calculates that the current fines total $1,525,050. On April 2 Pt
the Defendant offered $250,000 to settle that claim. That amount is substantially less than the
Defendant's previous settlement offer of$750,000, which the prior Board rejected. On May 11,
2021, the Defendant revised the settlement offer to increase the amount to $400,000 (payable within
90 days)with an additional $600,000 in suspended fines that would become due and payable upon
further violation as more fully set forth in the attached proposed settlement agreement.
The County Attorney's Office is obligated to present the Board with the latest offer.
PREVIOUS RELEVANT BOCC ACTION: BOCC held a closed session on 5/8/20.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Revised recommendation - approval to schedule closed session
DOCUMENTATION:
Script Request for Closed Session (Magnolia 101 LLC)
Proposed Settlement Agreement 5.11.21
FINANCIAL IMPACT:
Packet Pg. 2318
Q.4
Effective Date: N/A
Expiration Date:
Total Dollar Value of Contract: N/A
Total Cost to County: Court Reporter Costs
Current Year Portion:
Budgeted: Yes
Source of Funds: 67501-530330
CPI:
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: N/A If yes, amount:
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details:
N/A
REVIEWED BY:
Peter Morris Completed 05/03/2021 4:04 PM
Bob Shillinger Completed 05/03/2021 4:10 PM
Liz Yongue Completed 05/04/2021 11:34 AM
Board of County Commissioners Pending 05/19/2021 9:00 AM
Packet Pg. 2319
Q.4.a
Request for Closed Session by County Attorney
For the record, Bob Shillinger, in my capacity as County Attorney for the Board of County
Commissioners of Monroe County.
0
As you are aware,the County is currently in litigation in the matter of Monroe County BOCC
v. Magnolia 101,LLC, et al., Case No. 13-945-P(Fla. 16th Jud. Cir.). I need your advice concerning
the litigation and request that you schedule a private meeting.
We have a hearing before the trial court set in June to determine the total amount of this o
c,
Defendant's code compliance fines due. We have received a settlement offer that is 1/3 the amount a
of this Defendant's previous offer, which the prior Board rejected. I am duty-bound to present you
E
0
with this offer. If you wish to invest your time and energy in this diversion and to hold a closed
session at the upcoming May 25th special meeting in Marathon to discuss it, please set it. If you're 2
0
as unmoved as I am, we can reject it right now and save everybody the trouble. c
... Cr
If the Board wishes to set this closed session: The subject matter of this meeting will be -�
t�
confined to settlement negotiations and strategy sessions related to litigation expenditures. The
persons to be in attendance at this closed meeting will be the County Commissioners, County 0
r_
Administrator Roman Gastesi, County Attorney Bob Shillinger, Assistant County Attorneys Peter
Morris and Cynthia Hall, and a certified court reporter. By law, no other persons are permitted to be
present at this meeting. It is estimated this meeting will take approximately fifteen (15)minutes. As
c
required by law, the court reporter shall record the times of commencement and termination of the
0
meeting, all discussions and proceedings,the names of all persons present at any time, and the names
Cr
of all persons speaking. No portion of the meeting will be "off the record". The court reporter's
notes will be fully transcribed, sealed, and then filed with Kevin Madok, as Clerk. The transcript
shall be made part of the public record upon conclusion of the litigation. It is requested that you a
schedule the closed meeting of the Board to be held at the regularly scheduled meeting on May 25,
2021 in Marathon, FL at 1:30 P.M. or as soon thereafter as may be heard.
Packet Pg. 2320
IN THE CIRCUIT COURT OF THE
SIXTEENTH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
CASE NO. 2013-CA-945-P
0
MONROE COUNTY, a political
Subdivision of the State of Florida
Plaintiff,
V.
0
MAGNOLIA 101, LLC, ATLANTIC
TRASH AND TRANSFER, LLC a
BRIAN LINDBACK AS OFFICER OF
MAGNOLIA 101, LLC, and BRIAN
LINDBACK AS OFFICER OF ATLANTIC 0
TRASH AND TRANSFER,
0
Defendants.
/ o
Cr
SETTLEMENT AGREEMENT W
This Settlement Agreement is entered into on this day of 2021,
by and between, BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, a political Subdivision of the State of Florida ("Monroe County" or "Plaintiff"), and
MAGNOLIA 101, LLC, ATLANTIC TRASH AND TRANSFER, LLC BRIAN LINDBACK AS E
OFFICER OF MAGNOLIA 101, LLC, and BRIAN LINDBACK AS OFFICER OF ATLANTIC 2
TRASH AND TRANSFER, ("Defendants"), hereinafter collectively referred to as "the Parties."
WHEREAS,the Parties referenced above have agreed to resolve and settle the foregoing litigation E
according to the terms and conditions stated herein as follows:
1) Monroe County stipulates and agrees that all current, prior or outstanding code
cases and/or violations pending against Lots 20, 1, 4, and 5 ("the Properties"), have been deemed 0
to be in compliance; 0
c.
2) The Parties stipulate and agree that pursuant to the Court's Order Granting Final
Judgment entered on April 30, 2017, code enforcement cases CE 10070148 (Lot 20 E
RE400454520), CE 10070167 (Lot 4 RE400454220), and CE 10070169 (Lot 1 RE400454110)
("Code Enforcement Cases") are the only remaining code enforcement cases on the Properties <
which are the subject of the aforementioned litigation;
Page 1 of 3
Packet Pg. 2321
3) To avoid further litigation the Parties stipulate and agree that the total fine amount
for all three remaining Code Enforcement Cases identified in paragraph 2 is $1,000,000.00("Total
Fine Amount") to be apportioned as follows: CE 10070148 (Lot 20 = $750,000), CE 10070167
(Lot 4 = $125,000), and CE 10070169 (Lot 1 = $125,000);
4) As a condition of settlement Defendant agrees to pay Monroe County, and Monroe
County agrees to accept the total sum of ($400,000.00) Four Hundred Thousand Dollars and
00/100 as the ("Agreed Fine Settlement Amount") to satisfy the remaining Code Enforcement
Cases identified in paragraph 3 above. Defendant shall make payment within (90) sixty days ofCh
the entry of an Agreed Stipulated Final Judgment, enforceable against Defendant Magnolia 101, U)
LLC, apportioning the agreed upon settlement amount as follows: CE 10070148 (Lot 20 =
$300,000), CE 10070167 (Lot 4= $50,000), and CE 10070169 (Lot 1 = $50,000). Upon receipt of 0
payment as contemplated above, Monroe County shall record a Notice of Compliance and/or
Release of lien on all the Properties which are the subject of the litigation; a
5) The Parties further stipulate and agree that the remaining ($600,000.00), Six
Hundred Thousand Dollars and 00/100, of the Total Fine Amount shall be deemed the ("Agreed 0
Suspended Fine Amount")to be suspended, applied or extinguished as follows:
a) In the event Defendant is provided with a first notice of a repeat violation
0
of any of the violations charged in the aforementioned Code Enforcement Cases
it shall have 30 days to cure said violation(s). In the event the violation(s) is/are 0
not cured within the 30-day cure period, and Defendant is found to be in
continuing violation following an evidentiary hearing, the Agreed Suspended Cr
Fine Amount shall be imposed as an automatic penalty/fine for said violation(s)
on the offending property(ies) against Magnolia 101, LLC as owner of the
property.
LO
b) In the event Defendant is provided with a second notice of a repeat violation
of any of the violations previously charged under Paragraph 5 (a) above, for E
which Defendant was previously provided and complied with the 30-day cure 2
period, there shall be no cure period required. In the event Defendant is found �t
to be in continuing violation following an evidentiary hearing, the Agreed
Suspended Fine Amount shall be imposed as an automatic penalty/fine for said E
violation(s)on the offending property(ies)against Magnolia 101,LLC as owner
of the property . v)
0
0
c) Provided Defendant has complied with all conditions herein, and there are 0
no pending code enforcement cases pending against the Properties, the Agreed
Suspended Fine Amount shall be deemed waived and/or extinguished upon the
happening of either of the following: 1)the passage of 5 years from the effective
date of this agreement without a finding or determination of a continuing
violation on Lots 20, 1, or 4; or 2) the sale or transfer of the subject Properties <
to an individual or entity unrelated to Defendants.
Page 2 of 3
Packet Pg. 2322
6) In addition to the foregoing, and as additional consideration, Magnolia 101, LLC
further agrees to place its adjacent parcel, Lot 5 (Parcel ID# 00454230-000000) into a perpetual
Grant of Conversation Easement. Application to be made with in 30 days of the recording of the
recording of the Agreed Stipulated Final Judgment.
0
7) Upon the entry of the Agreed Stipulated Final Judgment, Monroe County agrees to lift
any development or permit review hold(s) on the Properties which were the subject of the
litigation. .�
With the exception of the monetary payment contemplated in paragraph 4, each party to
this agreement agrees to bear its own attorney's fees and costs associated with this action. This
0
agreement shall become binding upon consideration and approval by the BOCC at a dully noticed
public meeting and execution by all parties. The terms and conditions contained herein shall be
further memorialized in a mutually agreeable Stipulated Final Judgment to be filed in the instant is
action.
E
0
By signing below the Parties agree to be bound by the terms and conditions stated herein.
0
This agreement was approved and executed on this day of , 2021, 0
by BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA.
rr
By:
BOARD OF COUNTY COMMISSIONERS
LO
OF MONROE COUNTY, FLORIDA
This agreement was approved and executed on this day of , 2021,
by MAGNOLIA 101, LLC, ATLANTIC TRASH AND TRANSFER, LLC., BRIAN
LINDBACK AS OFFICER OF MAGNOLIA 101, LLC, and BRIAN LINDBACK AS E
OFFICER OF ATLANTIC TRASH AND TRANSFER
0
0.
By:
BRIAN LINDBACK ON BEHALF OF MAGNOLIA
101, LLC., AND ATLANTIC TRASH AND TRANSFER, LLC.
E
Page 3 of 3
Packet Pg. 2323