06/16/2021 Agreement IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT
OF THE STATE OF FLORIDA, IN AND FOR MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA,
a political subdivision of the State of Florida, Case No.: 2013-CA-945-P
Plaintiff, Hon. Luis M. Garcia
V.
MAGNOLIA 101, LLC, and BRIAN
LINDBACK AS OFFICER OF MAGNOLIA
101, LLC,
Defendants.
SETTLEMENT AGREEMENT BETWEEN MONROE COUNTY, FLORIDA, MAGNOLIA
101, LLC, AND BRIAN LINDBACK AS OFFICER OF MAGNOLIA 101, LLC
Plaintiff Board of County Commissioners of Monroe County, Florida (hereinafter
"Monroe County" or the "County"), and Defendants Magnolia 101, LLC, and Brian
Lindback as the sole managing member and officer for Magnolia 101, LLC (hereinafter
"Magnolia 101 LLC" or "Lindback"), hereafter collectively referred to as the "parties",
hereby agree to settle the above-captioned litigation as follows:
1. WHEREAS, Magnolia 101 LLC currently owns those certain below-described
parcels of real property, and took title to them pursuant to that certain deed
recorded in the Official Records of Monroe County on or about March 5t", 2008,
at Book 2348, Page 1824, Document Number 1685024.
Squares 1, 4, 5 and 20, Ocean Acres, according to the Plat thereof, as
recorded in Plat Book 1, Page 188 of the Public Records of Monroe County,
Florida.
2. WHEREAS, following a non jury trial on February 2nd, 2017, brought pursuant to
found violations of the Monroe County Codes as memorialized in the Notices of
Page 1 of 10
Violation and Stipulation Agreements previously issued in and entered into in
those certain Monroe County Code Compliance Department cases identified as
Code Enforcement Case No. CE10070167, Code Enforcement Case No.
CE10070148, and Code Enforcement Case No. CE10070169, the Circuit Court
of the 16t" Judicial Circuit in and for Monroe County, Florida, granted Plaintiff
Monroe County full foreclosure, money judgment, and permanent injunctive relief
as memorialized at Paragraphs 15 through 19 of that certain Order Granting
Final Judgment in Favor of Plaintiff attached as Exhibit "A." hereto and hereby
incorporated as if fully set forth herein.
3. WHEREAS, true and correct copies of said Notices of Violation and Stipulation
Agreements referenced above are attached as Exhibit "B." hereto and are
hereby incorporated as if fully set forth herein.
4. WHEREAS, the Third District Court of Appeal on February 27t", 2019, issued an
Order per curiam affirming, in favor of Plaintiff Monroe County, the above-
referenced Order Granting Final Judgment in Favor of Plaintiff; a true and correct
copy of said Order and the Mandate issued thereto is/are attached as Exhibit
"C." hereto and is/are hereby incorporated as if fully set forth herein.
5. WHEREAS, the parties desire to compromise and settle and hereby stipulate
and bindingly agree to the following:
NOW, THEREFORE, for good and valuable consideration, the adequacy of
which is hereby expressly acknowledged and attested to by the parties, Lindback
and Monroe County hereby agree as follows:
Page 2 of 10
Section 1 - Recitals. The foregoing recitals are true and correct and are hereby
incorporated as if fully set forth herein.
Section 2 - Settlement. The parties have entered into this Settlement
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.
A. Neither party is under coercion or duress. Neither has been forced into this
Agreement or threatened in any way.
B. Neither party knows of any fact or circumstance which would cause this
Agreement to be void or unenforceable.
C. Except as provided herein, the parties agree that each shall bear its own
attorneys' fees, costs and expenses arising out of, in connection with, or
related to, this litigation, whether such fees, costs, or expenses have been
incurred prior to the execution of this Agreement or will be incurred after its
execution.
D. Magnolia 101 LLC agrees to, within sixty (60) calendar days of the County's
approval of this Agreement (such approval being evidenced as the date of
and in the form of the undersigned Assistant County Attorney's executed
approval of this Agreement, as authorized by the approval and/or ratification
of this Agreement by the Monroe County Board of County Commissioners
("BOCC") at a public meeting of the BOCC), convey by warranty deed the
following real property over to the Monroe County Board of County
Commissioners:
Page 3 of 10
1. The parcel referenced above as Square 1,1 Ocean Acres, according to
the Plat thereof, as recorded in Plat Book 1, Page 188 of the Public
Records of Monroe County, Florida"; and
2. The parcel referenced above as "Square 4,2 Ocean Acres, according to
the Plat thereof, as recorded in Plat Book 1, Page 188 of the Public
Records of Monroe County, Florida".
E. Affidavit of Clear Title and No Encumbrances.
1. Brian Lindback, in his personal and official capacities, (i.) warrants and
certifies that the above-referenced real property(ies) are held and titled
in the name of Magnolia 101 , LLC, free and clear of any
encumbrances (other than the instant Monroe County code
enforcement liens), and L[D warrants and certifies that Magnolia 101,
LLC, has not conveyed the above-referenced real property(ies) (i.e.,
squares/parcels/lots 1 and 4) or any interest therein to any natural or
legal person.
2. Brian Lindback, in his personal and official capacities, (i.) warrants and
certifies that it is true and correct that as of the date of his execution of
this Agreement no liens (other than Monroe County's code
enforcement liens), loans, mortgage encumbrances, or non-mortgage
encumbrances, encumber said parcels of real property, L[D warrants
Also known as "Parcel 1, Ocean Acres, according to the Plat thereof, as recorded in Plat Book 1, Page
188 of the Public Records of Monroe County, Florida", and/or"Lot 1, Ocean Acres, according to the Plat
thereof, as recorded in Plat Book 1, Page 188 of the Public Records of Monroe County, Florida".
2 Also known as "Parcel 4, Ocean Acres, according to the Plat thereof, as recorded in Plat Book 1, Page
188 of the Public Records of Monroe County, Florida", and/or"Lot 4, Ocean Acres, according to the Plat
thereof, as recorded in Plat Book 1, Page 188 of the Public Records of Monroe County, Florida".
Page 4 of 10
and certifies that as of the date of his execution of this Agreement said
parcels are free of all liens (other than the instant Monroe County code
enforcement liens), loans, mortgage encumbrances and non-mortgage
encumbrances, and L[L warrants, certifies, and guarantees that no
such liens, or loans, or encumbrances of any kind will be executed,
placed on, or recorded regarding or relating to said parcels between
the date of his execution of this Agreement and the later date of his
execution of a warranty deed conveying said squares/parcels/lots 1
and 4 to Monroe County and the date said executed warranty deed is
recorded by the County.
F. Magnolia 101 LLC agrees to submit to Monroe County monetary payment in
the sum of$744,900.00, as follows:
1. Magnolia 101 LLC shall first submit an initial payment of$400,000.00
within ninety (90) calendar days of the County's approval of this
Agreement, such approval being evidenced in the form of the
undersigned Assistant County Attorney's executed approval of this
Agreement as authorized and approved by the County's Board of
County Commissioners at a duly noticed public meeting of the Board.
2. Magnolia 101 LLC shall submit a second payment of$344,900.00
within one-hundred-and-twenty (120) calendar days from the date it
submits the foregoing initial payment of $400,000.00 over to Monroe
County.
Page 5 of 10
G. In the event Magnolia 101 LLC does not comply with the obligations
memorialized at foregoing paragraphs "D." through "F.", the parties agree that
Plaintiff Monroe County shall be entitled to stipulated entry, by the Circuit
Court, of an order of judgment rendered pursuant to paragraph 19 of the
above-referenced Order Granting Final Judgment in Favor of Plaintiff, in the
amount of$1,479,500.00 in favor of the County.
H. Magnolia 101, LLC, and Lindback, in his personal and official capacities,
consent(s) to Monroe County's construction and maintenance of a
fence/fencing with a locked gate across the County's Magnolia Street right-
of-way to eliminate the general public's vehicular access to the portion of the
Magnolia Street right-of-way lying east of the southwest corner of the above-
referenced square/parcel/lot 1 and lying east of the northwest corner of the
above-referenced square/parcel/lot 4.
I. Satisfaction and Release. After (i.) the executed warranty deed conveying
the above-referenced squares/parcels/lots 1 and 4 over to Monroe County is
recorded, and LL after payment of the above-referenced $744,900.00 over to
Monroe County clears, the County agrees that it shall, no later than fifteen
(15) days after the latest of the occurrence of both said events, issue unto
Magnolia 101 LLC a recordable release and satisfaction of judgment forever
releasing it from the attached Circuit Court Order Granting Final Judgment in
Favor of Plaintiff, Third District Court of Appeal ("Third DCK) Order, and
Third DCA Mandate, thereby releasing Magnolia 101 LLC from the Monroe
3 Said locked gate shall provide only the County and the Defendant(s)with vehicular access to the above-
referenced area otherwise inaccessible to the vehicles of the public.
Page 6 of 10
County code enforcement liens affirmed by the Circuit Court and the Third
DCA pursuant to said trial and appellate court orders and mandate.
Section 3 - Continuing Jurisdiction. The Circuit Court of the 16t" Judicial
Circuit in and for Monroe County, Florida, shall retain jurisdiction of this case for the sole
purpose of enforcing the terms of this Settlement Agreement.
Section 4 - Good Faith. These settlement negotiations have been undertaken
by the parties in good faith.
Section 5 - Choice of Law; Governing Law; Venue. This Agreement is not
subject to arbitration and shall be governed by, and construed and enforced in
accordance with, the laws of the state of Florida, and venue for all claims, controversies,
or disputes relating to this Agreement shall remain in the Circuit Court of the 16tn
Judicial Circuit in and for Monroe County, Florida.
Section 6 - Conflict. To the extent of any conflict between this Settlement
Agreement and any other Monroe County ordinances, regulations, or approvals, and to
the extent of any conflict within any parts within this Agreement, the more restrictive is
deemed to be controlling.
Section 7 - Construction/Interpretation. This Settlement Agreement is
necessary for the health, safety, and welfare of the residents of and visitors to the
county. This Agreement shall be liberally construed in favor of Monroe County, and
such construction and interpretation shall be entitled to great weight in adversarial
administrative proceedings, at trial, in bankruptcy, and on appeal.
Section 8 - Binding Effect. It is agreed and understood that this Agreement
shall be and is binding upon the parties hereto, including their successors-in-interest.
Page 7 of 10
Section 9 - Inconsistency, Partial Invalidity, Severability, and Survival of
Provisions. If any provision or term of this Agreement, or any portion(s) thereof, is/are
in any way invalidated by any administrative hearing officer or court of competent
jurisdiction, such invalidation shall neither limit nor impair the validity or operation of any
other provision or term, or remaining portion(s) thereof. All such other provision(s) and
term(s), or portion(s) thereof, shall continue unimpaired in full force and effect.
Section 10 - Integration. This Agreement constitutes the entire Agreement and
any representation or understanding of any kind preceding the date of the parties'
written final approval of this Agreement not specifically and expressly memorialized
herein is not binding on either of the parties except to the extent that it has been
specifically and expressly memorialized in this Agreement.
Section 11 - Non-Reliance by Third-Parties. No non-signatory person(s) or
entity(ies) shall be entitled to rely upon any conditions, provisions, or terms of this
Agreement to enforce or attempt to enforce any third-party claim(s) or entitlement(s) to
or benefit(s) from any conditions, provisions, or terms hereunder.
Section 12 - Execution in Counterparts. The parties acknowledge and agree
that this Agreement may be executed in one or more counterparts, each counterpart
shall be considered an original portion of this Agreement, and all which constitute a
single instrument.
Section 13 - Effective Date. Once fully and finally executed by Magnolia 101
LLC and the County, this Agreement shall be considered legally effective and binding.
Section 14 - Exhibits/Scrivener's Errors. The Monroe County Board of County
Commissioners authorizes the Monroe County Attorney and counsel representing the
Page 8 of 10
Monroe County Attorney's Office in this matter to insert all exhibits referenced herein,
and to correct any scrivener's errors within this Agreement, prior to written execution of
this Agreement on the County's behalf as authorized and approved by the Board of
County Commissioners following a duly noticed public meeting of the Monroe County
Board of County Commissioners at which this Settlement Agreement is considered.
WITNESSESS TO ALL: APPROVED B .
T6 s6\\0- ECO �o
Witness No. 1 (Print Name) rrian Lind ack nature)
�-- in his capacity as managing member
-- and officer of Magnolia 101, LLC
i Hess No. 1 (Signature)
C-;:11-A I3
reis . 2 ( rint Na e)
itn o. ( ignat
STATE OF FLORIDA COUNTY OF MONROE
The foregoing Settlement Agreement, was acknowledged and attested before me this
16t"day of June, 2021, Brian Lindback as managing member and officer of Magnolia
101, LLC, who is personally known tome or produced Pee-%uLjAu.-t ta)xLQQ
as proof of identification and did take an oath.
CAROLcssoo Notary Public (Print Name)
_.; MY COMMISSION#GO 139039
r:KPNS-SepMmbet27,2.021
"•'FdF r��A Bonded TNv No�uyPubl4o�
Notary Public Seal Notary Pu c Signature)
[The remainder of this page has been intentionally left blank.]
Page 9 of 10
ON BEHALF OF PLAINTIFF MONROE COUNTY, FLORIDA:
6/17/2021
Peter H. Morris Date
Assistant County Attorney
FBN: 104101
Morris-Peter _ r u - v
Monroe County Attorney's Office
1111 12th Street, Suite 408
Key West, FL 33040
Telephone: (305) 292-3470
Telefax: (305) 292-3516
Page 10 of 10
Exhibit " A . "
IN THE CIRCUIT COURT OF THE 16T"JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
BOARD-OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA,
a political subdivision of the State Case No.: 2013-CA-945-P
of Florida
Plaintiff,
V.
MAGNOLIA 101, LLC, and BRIAN
LINDBACK AS OFFICER OF MAGNOLIA
101, LLC,
Defendants.
1
ORDER GRANTING FINAL JUDGMENT
IN FAVOR OF PLAINTIFF
THIS CAUSE came before the court for a non-jury trial on February 2, 2017. The Court,
having considered the evidence and testimony, having heard argument of counsel, having
reviewed the file, and being otherwise fully informed in the premises, finds and orders as
follows:
Factual Background
1. This is an action brought by Plaintiff, Monroe County, Florida, (County) to foreclose on
code enforcement liens asserted against three properties owned by Magnolia 101, LLC
(Landowner). Plaintiff also seeks injunctive relief(Count I), money judgment for the
fines accrued on the properties (Count III), and a Writ of Execution (Count IV).
2. On February 11, 2013, the County issued Notices of Violation of the County's Code of
1
Ordinances regarding Landowner's lots 1, 4, and 20. A hearing before a special s
magistrate was scheduled for February 28, 2013.
1
3. On the same day that the Notices of Violations were given, Landowner provided to the
County his own executed stipulation agreements in all three Code Enforcement Cases.
In the stipulation, the Landowner swore that he was served with the Notices of
Violation, and that he understood that he could appear at the hearing to contest any
evidence to be submitted by Code Enforcement. Landowner agreed that the violations
existed, and stipulated to the entry of the findings against him. The stipulations allowed
until December 17, 2013 to cure all the violations or fines would accrue. Landowner
acknowledged that his property would be checked for compliance on that date, and that
the stipulated agreement would be recorded as a lien against the property if the
property were not brought into compliance.
4. The violations were not cured, and the stipulations were recorded as liens in the public
record.
5. The County takes the position that the stipulation agreements became liens by operation
of their plain terms after the compliance deadline expired and numerous violations
remained uncured.
6. Landowner takes the position that the stipulations are not enforceable code liens
because the County failed to strictly adhere to Chapter 162 Florida Statutes, and
deprived him of due process of law.
Discussion
7. Legal service of process has been had upon the Defendants, and this Court has trial
jurisdiction over the parties and the subject matter of this case.
8. The landowner has not invoked the circuit court's appellate jurisdiction to review the
constitutional and procedural infirmities alleged at trial. Since the Landowner has failed
p 9
t
�I
r
to exhaust his administrative remedy of taking an appeal, these allegations are
improperly before the court as affirmative defenses.
9. While this is not an appeal, the County has made a sufficient showing that it complied
with the requirements of procedural due process, observed the essential requirements of
law, and its case-in-chief is supported by competent substantial evidence.
10. Due process was provided in this case. The County provided Landowner with Notices
of Violation and the opportunity for a hearing. Each Notice of Violation/Notice of
Hearing entered into evidence explicitly provided an itemized list of violations.
Landowner chose to waive his right to a hearing and his opportunity to contest the
County's allegations in the stipulated agreement that he submitted to the County on
February 11, 2013.
11. Landowner failed to cure the violations and significant fines accrued. The three
stipulation agreements became liens based on the agreed-upon plain terms of the
stipulations. The fact that a hearing before a special magistrate was not scheduled after
the expiration of the cure period does not make these liens unenforceable.
12. The Florida Constitution and Florida's statutory code enforcement scheme affords cities
and counties a measure of latitude to shape sensible remedial schemes to enforce their
land development codes. Section 6.3 of Monroe County Ordinance 50-2000 (codified at
MCC § 8-36) authorizes enforcement of its codes "by any other lawfully available
means." A mutually agreeable stipulation agreement whereby an extended compliance
period is granted in exchange for an economized judicial lien enforcement process is one
such lawful means.
13. The County has shown that the Landowner's violations currently exist and date back
many years. Ms. Windsor (Senior Code Compliance Research Analyst), Mr. Roberts
1S
Frei
(Senior Administrator for the Environmental Resources Department), and Ms. Schemper
(Monroe County Comprehensive Planning Manager) testified extensively as to the scale,
duration, and the evolving, worsening nature of Landowners violations. These violations
constitute irreparable harm to the County and its interest in safeguarding public health,
safety and welfare for which no alternate legal remedy is available.
14. The County has demonstrated a prima facie entitlement to permanent injunctive and
complete monetary relief up to the full amount of the landowner's three stipulated liens'
amounts. Upon the landowner's bringing all three of his lots into compliance with the
Monroe County Code, a post-judgment hearing shall be held to calculate the total fines
due under the three stipulated liens.
WHEREFORE, it is ORDERED AND ADJUDGED as follows:
15. The Defendant's Motion for Directed Verdict is DENIED.
16. The County's liens are affirmed, and Final Judgment is GRANTED in favor of the
Plaintiff.
17. A final money judgment, Writ of Execution, and permanent injunction are hereby
entered in favor of Plaintiff and against Defendants with amounts to be determined in
accordance with Paragraph 14 of this Order. Upon the permanent injunction's rendition,
the Defendants shall be enjoined from further use or development of Lots 1, 4, and 20,
until all the property's violations are brought into compliance.
18. A final judgment of foreclosure is granted in favor of the County exclusively as an
alternate remedy to collect its three unsatisfied stipulated liens.
19. Jurisdiction is retained to hold further hearings and enter further orders that are proper ,
including, but without limitation, evidentiary hearings to determine and reduce to a
41
1
written rendered order the scope of the permanent injunction, and to determine the
final code enforcement fine amounts due once the Defendant's properties are rendered
fully compliant, and orders authorizing a deficiency judgment, writ of possession, and
award of attorney's fees.
5p ,_
DONE AND ORDERED this day of April 2017 at Plantation Key, Monroe County,
Florida.
LUIS M. CARCIA ..W � ..
Circuit Court Judge
Copies to:
fx"Peter H. Morris, Esq.
Morris-Peter@MonroeCounty-FL.gov
Carnago-Jaclyn@Monroe-County-Fl.gov
,-"Scott C. Black, Esq.
SBlack@Florida-Law.com
�B CGreco@Florida-Law.com
Fli
r;s
I
ISt
ii
Exhibit " B . "
County of Monroe
Code Compliance Department '
a
2798 Overseas Hi way
Marathon, Florida33050
NOTICE OF VIOLATION/NOTICE OF HEARING
To: MAGNOLIA 101 LLC CaseNumber: CE10070148
BRIAN LINDBACK,
195 N AIRPORT RD
TAVERNIER,YL 33070
Location: 1 ,KEY LARGO,FL 33037
e Number: 00454520-000000
DEAR PROPERTY OWNER,
You are hereby notified that an investigation of the above property was initiated on 02/29/2012 and
subsequently found the following violation(s):
110-140.(4)-BUILDING PERMIT/COND.USE
THE CHANGES IN THE INTENSITY,DENSITY,AND/OR USE
OF THIS PARCEL REQUIRES PERMIT(S),APPROVAL(S)AND
INSPECTION(S).
Corrective Action Required:
Contact the Building and Planning Department and obtain
a conditional use permit as required or remove as directed.
NOTE:All permit fees and permit requirements are based on
the specific scope of work.Additional permits,permit fees,
mitigation fees,or restoration of the property to original
condition may be required. The minimum fee for an After the
Fact permit is$500.00(five hundred dollars)as per
Monroe County Code.
110-74. -AMENDMENTS TO CONDITIONAL USES
THE FOLLOWING ALTERATIONS,REPAIRS AND/OR
IMPROVEMENTS ON THIS PARCEL ARE IN VIOLATION OF
THE MINOR CONDITIONAL USE PERMIT NO.2-02 AND
REQUIRE AMENDMENTS AND/OR PARCEL MUST BE RESTORED
TO PERMITTED CONDITION.
I. G1W GE IN REQUMED FENGW&,
2. CHANGE IN REQUIRED OPEN SPACE RATIO,
3. CHANGE IN REQUIRED BUFFER Y (S),
u,
4. CHANGE IN REQUIRED CONSERVATION EASEMENT,AND
NOV Magnolia CE10070148.doc + �� ��
5. CHANGE IN REQUIRED STORMWATER RETENTION.
Corrective Action Required:
CONTACT THE MONROE COUNTY PLANNING DEPARTMENT AND REQUEST
AN AMENDMENT TO YOUR EXISTING CONDITIONAL USE PERMIT.
APPROVALS AND/OR PERMITS WELL BE REQUIRED TO BRING THE
VIOLATION(S) OF THE CONDITIONAL USE PERMIT INTO COMPLIANCE.
118-1 L(a)(b) -ENVIRONMENTAL RESTORATION
THE LANDCLEARING OF THIS PARCEL REQUIRES PERMIT(S)
APPROVAL(S)AND INSPECTION(S).
Corrective Action Required:
CONTACT THE MONROE COUNTY BIOLOGIST FOR REQUIREMENTS TO
BRING THIS PROPERTY INTO COMPLIANCE.
130-186. -MINIMUM YARDS/SET BACKS
ALL STORAGE, STRUCTURES AND USES ON THIS PROPERTY
MUST ADHERE TO THE MINIMUM SETBACK REQUIREMENTS
FOR THIS PARCEL AND THE USE AND/OR STORAGE ON ANY
OTHER PARCEL AND/OR COUNTY RIGHT-OF-WAY IS
PROHIBITED.
Corrective Action Required:
Contact the Monroe County Planning Department and obtain a
variance(if applicable)or remove as directed.
21-20.(c)- STORAGE OF MULCHING MATERIALS
ALL MULCHING MATERIALS THAT ARE KEPT OR SPREAD MAY
NOT EXCEED A DEPTH OF EIGHT INCHES.
Corrective Action Required:
Upon of reciept of this notice of Violation, all
mulching materials must be spread to a depth not to exceed
eight(8)inches or as directed by Monroe County Biologist.
PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special
Magistrate in the above case on February 28, 2013 at 9AM at the Monroe County Government
Regional Center,2798 Overseas Hwy.,Marathon,Florida.
) You can avoid attending the hearing if all violation(s) noted above are corrected by February
21, 2013 and you have contacted your inspector. If a violation is corrected and then recurs, or if a
violation is not corrected by the time specified, the case may be presented to the Special Magistrate
even if the violation has been corrected prior to the hearing.
( ) The Code Inspector has reason to believe violation(s) or the condition causing the violation(s)
presents a serious threat to the public health, safety, and welfare or is irreparable or irreversible in
NOV Mapolia CE10070148.doc imR
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of
• , 1-1 1
t` li}
Upper Keys: 102050 Overseas Highway
Key Largo,FL 33037(305)453-8806
CERTATIN OF SERVICE
I hereby certify that a copy hereof has been 'sh o the above named addressee(s) by Certified
Zail,R Receipt Requesto. :on' .
t O)C. a
Q Code Compliance Dep ent
IF SERVICE IS NOT OBTAINED BY CERTIFIED RETURN RECEIPT MAIL, A TRUE AND
ACCURATE COPY OF THIS NOTICE WILL BE POSTED AT THE SUBJECT PROPERTY AND
THE MONROE COUNTY COURTHOUSE.
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in
order to participate in this proceeding, please contact the County Administrator's Office, by
phoning(305)292-4441,between the hours of 8:30 a.m.-5.00 p.m., no later than five(5)calendar
days prior to the scheduled meeting; if you are hearing or voice impaired,call "711".
NOV Mapolia CE 10070148.doc � �
MONROE COUNTY CODE ENFORCEMENT
SPECL&L MAGISTRATE
Monroeon a Enforcement
Petitioner
VS. Case Number:
MAGNOLIA
BRIAN LINDBACK, MGR
Respondents(s )
In the matter of:
MAGNOLIAReg 00454520-000000
101 LLC. BRIANLI (hereinafter to jointly and severally
" t( )) agrees that Itwe are the propertyr( ) of this parcel and that l received the
Notice it ti ti rin issued in this case via e-mail, and that a hearingis scheduled to be
heard on February 28, .
to )/ -
Print Name
STATE OF —
COUNTY OF J-n
PERSONALLY APPEARED BEFORE ME,the undersigned authority,
kv, . . who,after first being sworn by me,affixed his/her ignature
(name of indi 'al signing) ` the space provided above on this day of , - 2013.
r.- RY PUBLIC
gpKY P6
MN C.DER®MO
My commission expires 20_ * * MY COANSSIMIEE139386
d� o�`�� :.XFII?Eg;
Bc�kd
November8 2015 �l ` �
�} a
Services
P�1Affidavit Good Service via E-mail Magnolia 101.doc '�oFF
County of Monroe 3.
Code Compliance Department wrt.
2798 Overseas Highway
Marathon, Florida 33050
NOTICE OF VIOLA N/NTIC G
To: MAGNOLIA 101 LLC CaseNumber: CE10070167
BRIAN LINDBACK,MGR
195 N AIRPORT RD
TAVERNIER,FL 33070
Location: BK 4 MAGNOLIA - S,KEY LARGO, 3037
eNumber: 00
DEAR PROPERTY OWNER,
You are hereby notified that an investigation of the above property was initiated on 02/29/2012
and subsequently found the following violation(s):
110-140.(4)-BUILDING PERMIT/COND.USE
THE USE OF THIS PARCEL REQUIRES PERMITS PERMIT(S),
APPROVAL(S)AND INSPECTION(S).
Corrective Action Required:
Contact the Building and Planning Department and obtain
a conditional use permit as required or remove as directed.
NOTE: All permit fees and permit requirements are based on
the specific scope of work.Additional permits,permit fees,
mitigation fees,or restoration of the property to original
condition may be required. The minimum fee for an After the
Fact permit is $500.00(five hundred dollars)as per
Monroe County Code.
118-1 L(a)(b)-ENVIRONMENTAL RESTORATION
THE LANDCLEARING OF THIS PARCEL REQUIES PERNIIT(S),
APPROVAL(S)AND INSPECTION(S).
Corrective Action Required:
CONTACT THE MONROE COUNTY BIOLOGIST FOR REQUIREMENTS TO
BRING THIS PROPERTY INTO COMPLIANCE.
21-20.(c)-STORAGE OF MULCHING MATERIALS
ALL MULCHING MATERIALS THAT ARE KEPT OR SPREAD MAY
NOT EXCEED A DEPTH OF EIGHT INCHES.
NOV Magnolia CE10070167.doc
f (
—110"T .
Con-ective Action Required:
Upon of reciept of this notice of Violation, all
mulching materials must be spread to a depth not to exceed
eight(8)inches or as directed by Monroe County Biologist.
PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special
Magistrate in the above case on February 2 , 2013 at 9 AM at the Monroe County Government
Regional Center,2798 Overseas Hwy.,Marathon,Florida.
(N You can avoid attending the hearing if all violation(s) noted above are corrected by February
21, 2013 and you have contacted your inspector. If a violation is corrected and then recurs, or if a
violation is not corrected by the time specified, the case may be presented to the Special Magistrate
even if the violation has been corrected prior to the hearing.
( ) The Code Inspector has reason to believe violation(s) or the condition causing the violation(s)
presents a serious threat to the public health, safety, and welfare or is irreparable or irreversible in
nature, therefore no compliance date has been provided. This case may be presented to the Special
Magistrate even if the violation(s)have been corrected prior to the hearing.
( ) The Code Inspector has reason to believe repeat violation(s) have been found, therefore no
compliance date has been provided. This case may be presented to the Special Magistrate even if the
repeat violation(s)have been corrected prior to the hearing.
If the Special Magistrate finds that violation(s) have occurred,then the Special Magistrate may impose
fines, not to exceed $1,000 per day per violation for a first violation, $5,000 per day per violation for a
repeat violation, and up to $15,000 per violation if the Special Magistrate finds the violation to be
irreparable or irreversible in nature. In addition to such fines, the Special Magistrate may impose
additional fines to cover all costs incurred by the County in enforcing its codes. If the County is forced
to correct your violation(s),the Special Magistrate may order all costs incurred to be reimbursed to the
County. THE RYTOSITION OF FINESAND/OR COSTS MAY RESULT IN A LIEN AGAINST
YOU AND YOUR PROPERTY.
You may appear in person and/or be represented by an attorney or authorized agent. If you are
represented by an attorney, your attorney is required to file a written notice of appearance with the
Liaison for the Special Magistrate, 2798 Overseas Highway, Suite 330, Marathon, FL 33050; Phone:
(305)289-2509,Fax: (305)289-2858,prior to the date of the hearing:
You may request a continuance of the hearing for good cause shown. If you choose to request a
continuance, a written request on the County's form must be made at least five(5)business days before
the date of the hearing. If you choose to request a continuance, contact the Code Inspector listed below
at least five (5) business days before the date of the hearing. A request for continuance DOES NOT
GUARANTEE a postponement of your hearing.
If you agree that the violation(s) exist as alleged in this Notice, you may request a Stipulation
Agreement in lieu of attending the hearing. If you choose to request a Stipulation Agreement, contact
the Code Inspector listed below at least five(5)business days before the date of the hearing. A request
NOV MagnoliaCE10070167.doc
for a Stipulation Agreement does not guarantee a postponement of your hearing. It is important that
you contact your inspector listed below.
NOTE: IF YOU DECIDE TO APPEAL any decision by the Special Magistrate, you will need to
ensure that a verbatim record of the proceedings is made, which shall include the testimony and
evidence upon which the appeal is to be based.
IT IS YOUR RESPONSIBILITY TO CONTACT THE CODE INSPECTOR to confirm that you do not
V
need to attend the hearing(s). Please contact your inspector at the appropria .location:
&A �1
N�INDSOR,KATHLEEN
Code Inspector
Lower Keys: 5503 College Road, Suite 204
Key West,FL 33040 (305)2924495
Middle Keys: 2798 Overseas Highway, Suite 330
Marathon,FL 33050 (305)289-2810
Upper Keys: 102050 Overseas Highway
Key Largo,FL 33037(305)453-8806
CERTIFICATION OF SERVICE
I hereby certify that a copy hereof has been furnished to the above ed addressee(s) by Certified
Mail,Return Receipt Request No.: on
aQ, OWCIA(X�k-�
Code Compliance Department
IF SERVIC OT OBTAINED BY CERTIFIED RETURN RECEIPT MAIL, A TRUE AND
ACCURA COPY OF THIS NOTICE WILL BE POSTED AT THE SUBJECT PROPERTY AND
THE MONROE COUNTY COURTHOUSE.
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in
order to participate in this proceeding, please contact the County Administrator's office, by
phoning(305)292-4441,between the hours of 8:30 am. -5:00 p.m.,no later than five(5)calendar
days prior to the scheduled meeting;if you are hearing or voice impaired,call "711
NOV Magnolia CEI 0070167.dw
MONROE COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Monroe County Code Enforcement
Petitioner
vs. Case Number. CE10070167
MAGNOLIA 101 LLC
BRIAN LINDBACK, MGR
Respondents(s)
In the matter of:
Re#00454220-000000
MAGNOLIA 101 LLC, BRIAN LIND (hereinafter referred to jointly and severally as
"Respondent(s)) agrees that Itwe are the property owner(s)of this parcel and that Itwe received the
Notice of Violation/Notice Hearing issued in this case via e-mail, and that a hearing is scheduled to be
heard on February 26, 2013.
Signatureyof Respondent(s)I k�te
lj7�r�'&&-I L'4 r-f k I.- C-
Print Na7me
'STATE OF bk L
COUNTY OF
SON ALLY APPEARED BEFORE ME,the undersigned authority,
4- elwho,after first being swom by me,affixe re signatu
(nam!eof i"in i signing)in the space provided above on this i day of .2013.
PUBLIC ANN C.DER
MY COMMISSION#EE 139386
EXPIRES:November 8,2015
My commission expires_ 201
BMM Thm&I*Nway suvices
PA.Affidavit Good Service via E-mail Mapolia l0l.doc
;.
County of Monroe
Code Compliance Department
2798 Overseas Highway
Marathon, Florida33050
NOTICEF VIOLATION/NOTICE OF HEARING
To: 1VUGNOLIA 101 LLC Case Number: CE10070169
BRUN LINDBACK,
195 N AIRPORT RD
TAVERNIER,FL 33070
Location: 1- IA ST-OCEAN ACRES,KEY LARGO,FL 33037
eNumber: 00454110-000000
DEAR PROPERTY OWNER,
You are hereby notified that an investigation of the above property was initiated on 02/29/2012
and subsequently found the following violation(s):
110-140.(4)-BUILDING PERMIT/COND.USE
THE USE OF THIS PARCEL REQUIRES PERMIT(S),
APPROVAL(S)AND INSPECTION(S).
Corrective Action Required:
Contact the Building and Planning Department and obtain
a conditional use permit as required or remove as directed.
NOTE:All permit fees and permit requirements are based on
the specific scope of work.Additional permits,permit fees,
mitigation fees,or restoration of the property to original
condition may be required. The minimum fee for an After the
Fact permit is$500.00(five hundred dollars)as per
Monroe County Code.
118-1 L(a)(b) -ENVIRONMENTAL RESTORATION
THE LANDCLEARING OF THIS PARCEL REQUIRES
PERMIT(S), APPROVAL(S)AND INSPECTION(S).
Corrective Action Required:
CONTACT THE MONROE COUNTY BIOLOGIST FOR REQUIREMENTS TO
BRING THIS PROPERTY INTO COMPLIANCE.
21-20.(c)-STORAGE OF MULCHING MATERIALS
ALL MULCHING MATERIALS THAT ARE KEPT OR SPREAD MAY
NOT EXCEED A DEPTH OF EIGHT INCHES.
NOV Magnolia CE10070169.doc
,,,ffi5cu�\1��`f•���1. �s,;7
k I
i oil III
for a Stipulation Agreement does not guarantee a postponement of your hearing. It is important that
you contact your inspector listed below.
NOTE: IF YOU DECIDE TO APPEAL any decision by the Special Magistrate, you will need to
ensure that a verbatim record of the proceedings is made, which shall include the testimony and
evidence upon which the appeal is to be based.
IT IS YOUR RESPONSIBILITY TO CONTACT THE CODE INSPECTOR to confirm that you do not
need to attend the hearing(s). Please contact your i th ropriate
I 'on:
-0 h MS T tR,KATHLEEN
Code Inspector
Lower Keys: 5503 College Road,Suite 204
Key West,FL 33040 (305)292-4495
Middle Keys: 2798 Overseas Highway,Suite 330
Marathon,FL 33050 (305)289-2810
Upper Keys: 102050 Overseas Highway
Key L'4 o,FL 33037(305)453-8806
0'FL 3 037(3 )453-8806
CERT ON OF SERVICI
I hereby certify that a copy hereof has been ftum'shed t e above named addressee(s) by Certified
Mail,Return Receipt Request No.: on
6Ck
<� 0 60 tc\ k—M Code Compliance Departmen�l'�
IF SERVICE IS NOT OBTAINED BY CERTHUD RETURN RECEIPT MAIL, A TRUE AND
ACCURATE COPY OF THIS NOTICE WILL BE POSTED AT THE SUBJECT PROPERTY AND
THE MONROE COUNTY COURTHOUSE.
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in
order to participate in this proceeding, please contact the County Administrator's Office, by
phoning(305)292-4441,between the hours of 8:30 a.m. -5:00 p.m.,no later than five(5)calendar
days prior to the scheduled meeting; if you are hearing or voice impaired,call "711
NOV Mapolia CE I 0070169.doc 3 f, 7 77
MONROE COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Monroe County Code Enforcement
Petitioner
VS. Case Number CE10070169
MAGNOLIA 101 LLC
BRIAN LINDBACK, MGR
Respondents(s)
In the matter of*
Re#00454110-000000
MAGNOLIA 101 LLC. B IAN LIND (hereinafter referred to jointly and severally as
gRespondent(s)) agrees that I/we are the property owner(s)of this parcel and that Itwe received the
Notice of Violation/Notice Hearing issued in this case via e-mail, and that a hearing is scheduled to be
heard on February 28, 2013.
Signatureof 9- -pondent(s)/D 6_7_
Print Name
STATE OF_ F-h
COUNTY OF fi4 0 Y2 /-b e-
PERSONALLY APPEARED BEFORE ME,the undersigned authority,
'Ario"A Juvoe Lb'r,tL,L who,after first being sworn by me,affixed hi er ignature
(name of indi d I signing)in the space provided above on this /I day of 'e 2013.
N(n;(kY PUBLIC ANN C.DEROMO
M
My commission expires 20/ Y COMMISSION 4 EE 139386
EXPIRES:November 8,2015
Bordw Thru W w&rvm
P:\Affidzvit Good Service via E-mail Magnolia I Ol.doc am
MONROE COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
DocN 1936837
Monroe County Code Enforcement Bko 2633 PgN 1198
Petitioner
VS. Case Number CE10070148
Magnolia 101 LLC and Brian Lindback, MGR DoeN 2941821
Respondent(s) BkN 2639 PgN 2081
STIPULATION TO CODE VIOLATION AND FOR TIME TO COMPLY
In the matter of:
Re# 00454520-000000
Magnolia 101 LLC and Brian Lindback, MQR,(hereinafter referred to jointly and
severally as uRespondent(s)") and Monroe County Code Enforcement ("Petition en, by
and through the undersigned individuals, hereby agree and stipulate to the following:
1. Respondent(s) agrees that I/we received the Notice of Hearing
issued in this case, and that the hearing that was scheduled in that Notice has been
continued and is now scheduled to be her on Februanf 28, 2013 to determine
whether the charges alleged in the Notice of Violation and Notice of Hearing are
accurate and supported by substantial evidence ("Hearing").
2. Respondent(s) agrees that the violation(s) exist as alleged in the
Notice of Violation which was served in this matter. Respondent(s) understands that
he/she could appear at the Hearing and contest any evidence to be submitted by Code
Enforcement. However, by entering into this Stipulation, Respondent(s) understands
and agrees that:
STIPULATION MAGNOLIA CE10070149.doc
( ) He/she need not appear at the Hearing, instead, i ulentry
of the finding is n ( ); and
(b) Any evidence in the Code Enforcement file will be deemed the record
in the case; and
( ) He or she waivesright to appeal any finding violation or order
that he r she would ' under Section 162.11, Florida
Statutes.
3. The (s) understand that the property will be checked
r compliance on December 17, 2013.
parties4. The fine of per day that shall
accrue daily if the propertyis not brought into compliance `thin the time specified in
paragraph .
5. The t( ) understands that if the Respondent(s) fails
complyin the time given in paragraphfine(s) shall accrue each
violation(s) remain Il kc 1936837 11
99
11 -1 ( ) $100.00 per day
110-74 $100.00r day
11 11( )O $250.00 per y k 1941821
1 -1 1 r day
1- ( ) $100.00 per day
6. The Respondent(s) r ll costs incurred in prosecuting
the case within li such costs shall be imposed as a lien
under Section 1 ( )( ), Florida Statutes, r u ion - ( ).
7. (s) specifically agree that this Stipulation Agreement
shall be recorded in the publicr u shall constitute notice
STIPULATION MAGNOLIA CE10070148.doc
3
subsequent purchasers, successors in interests, or assigns that the violations of
Monroe County Code 11,0-140L4), 110-74; 118-11(a)(b): 130-186 and 21-20(c) exist.
This Stipulation Agreement shall be recorded as a lien against the property and upon
any other real or personal property owned by the Respondent(s) if the property is not
brought into compliance by the date specified in paragraph 3.
8. Respondent(s) agrees and represents that Respondent(s)
entered into this Stipulation of the Respondent(s)'s own free will. Respondent(s)further
understands and agrees that he/she has the right to consult with counsel prior to signing
this Stipulation, and has done so or has elected to waive this right.
9. The parties understand and agree that the Respondent(s) may
revoke this Stipulation and that such revocation must be done in writing or done in
person with Kathleen Windsor by the end of business February 13. 2013.
DocM 1936837
BkN 2633 PgN 1200
k
Doen 2639 1941821
BN P9N 2083 N
STIPULATION MAGNOLIA CE I 0070148.doc
By signing thisStipulation, t that they have READ,
UNDERSTOOD, k 1
I Date SignatureI Date
uc�fa L w c'
Print Name Print Name
STATE OF b °®°
o1Ck STATE OF
COUNTY OF - 4d rzL COUNTY OF
undersignedPERSONALLY APPEARED BEFORE ME,the PERSONALLY APPEARED BEFORE hlE,die
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(name of i ` in thc (nameindividual signing)' provided
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STATE
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undersigned ,
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(name of individual signing)in tphl Wme provided
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NOTARY I
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MY COMMISSION#DD MW
EXPIRES:APHI 19,2014
TI MAGNOLIA 1 70148 � Rra ed mN Nary PublIc Und
S
y signing this Stipulation, both parties represent that they have READ,
T O , O T to its terms and n itions, BkoDoc 6336 37
233 PgH 122
1,21
Signature / i )/ Date
Tint Print
STATEOF_ rl' STATE OF
COUNTY OF , COUNTYOF
PERSONALLY APPEARED BEFORE ME,the PERSONALLY APPEARED BEFORE ME,the
un ersigned authority, undersigned authority,
. who,after who,a1Rer
first being sworn by me,affixed his/her signature first being swom by me,affixed his/her signature
(name of individ ing)in the ac provided (name of individual signing)in the space provided
above on this y of 20-3 above on this day of 20�
AY PUBLIC NOTARY PUBLIC
y co i ion ex 20—: y commission expires 20
—
MY COMMISSION 1 EE 139386
* EXPIRES:November 8,2015
fA' dP 71ru W NoWy SeMm
DocN 111
/ BkN 2639 PgN 2085
Signature of Petitioner(County)/Date
Print
STATE OF
COUNTY OF
PERSONALLY APPEARED BEFORE ME,the
undersigned authority,
who,after
first being swom by me,affixed his/her signature MONROE(name of individual signing)in the space provided OFFICIAL
COUNTY
O
above on this day of 20_ OFFICIAL RECORDS
NOTARY PUBLIC
MONROE COUNTY
OFFICIAL RECORDS
STIPULATION MAGNOLIA CE10070148.doc
MONROE COUNTY CODE ENFORCEMENT
SPECL4L MAGISTRATE
DocH 1936838
Bk# 2633 PgN 1205
Monroe County Code Enforcement
Petitioner
VS. Case Number CE10070167
Magnolia 101 LLC and Brian Lindback, MGR Doell 1941822
Respondent(s) BkN 2639 PgN 2088
STIPULATION TO CODE VIOLATION AND FOR TIME TO COMPLY
In the matter of:
Re#00464220-000000
Maanolia 101 LLC and Brian Lindback, MQR (hereinafter referred to jointly and
severally as "Respondent(s)") and Monroe County Code Enforcement ("Petitioner"), by
and through the undersigned individuals, her agree and stipulate to the following:
1. Respondent(s) agrees that I/We received the Notice of Hearing
issued in this case, and that the hearing that was scheduled in that Notice has been
continued and is now scheduled to be heard on FebruaKy 28, 2013 to determine
whether the charges alleged in the Notice of Violation and Notice of Hearing are
accurate and supported by substantial evidence ("Hearing").
2. Respondent(s) agrees that the violation(s) exist as all in the
Notice of Violation which was served in this matter. Respondent(s) understands that
he/she could appear at the Hearing and contest any evidence to be submitted by Code
Enforcement. However, by entering into this Stipulation, Respondent(s) understands
and agrees that:
STIPULATION MAGNOLIA CE10070167.doc
2
(a) He/she need not appear at the Hearing, but instead, stipulates to entry
of the finding against Respondent(s); and
(b)Any evidence in the Code Enforcement file will be deemed the record
In the case; and
(c) He or she waives the right to appeal any finding of violation or order
that he or she would otherwise have under Section 162.11, Florida
Statutes.
3. The Respondent(s) understand that the property will be checked
for compliance on December 17, 2013.
4. The parties understand that a fine of$450.00 per day that shall
accrue daily if the property is not brought into compliance within the time specified in
paragraph 3.
5. The Respondent(s) understands that if the Respondent(s)fails to
comply within the time given in paragraph 3, the fine(s) shall accrue each day the
violation(s) remain as follows. DocU 1936838
Bkn 2633 PgN 1206
110-140(4) $100.00 per day
118-11(a)(b) $250.00 per day
21-20(c) 1 .0 per day
6. The Respondent(s) agree to pay all costs incurred in prosecuting
the case within 30 days of compliance and that such costs shall be imposed as a lien
under Section 162.09(2)(d), Florida Statutes, and Monroe County Code section 8-29(b).
7. Respondent(s) specifically agree that this Stipulation Agreement
shall be recorded in the public records of the County and shall constitute notice to
subsequent purchasers, successors in interests, or assigns that the violations of
Doc N 2941822
STIPULATION MAGNOLIA CE10070167.doc BkU 2639 PgN 2089
3
Monroe County Code 110-140(4); 118-11(a)(b); and 21-20(c e A st. This Stipulation
)
Agreement shall recorded as a lien against the property and upon any other real or
personal property owned by the Respondent(s) if the property is not brought into
compliance by the date specified in paragraph 3.
8. Respondent(s) agrees and represents that Respondent(s)
entered into this Stipulation of the Respondent(s)'s own free will. Respondent(s) further
understands and agrees that he/she has the right to consult with counsel prior to signing
this Stipulation, and has done so or has elected to waive this right.
9. The parties understand and agree that the Respondent(s) may
revoke this Stipulation and that such revocation must be done in writing or done in
person with Kathleen Windsor by the end of business Fgbn.LspW 13, 20131.
DacU 1936838
Bk# 2633 PgN 1207
00CM 194Pg1822
BkN 2639 N 2090
STIPULATION MAGNOLIA CE I 0070167.doc
4
By signing ti Cation, both parties represent that th ,
UNDERSTOOD, AND CONSENT to its conditions.
6/22
Signature of Respondent(s)I Date Signature of Respondent(s)I Date
Print Name Print Name
STATE OF d STATE OF
COUNTY OF . COUNTY OF
PERSONALLY APPEARED BEFORE ,the PERSONALLY APPEARED BEFORE MEE,the
11 rsi9n/e:7ority, undersigned authority,
who,after who,after
first being sworn by me,affixed his/her signature first being sworn by me,affixed his/her signature
(name of indivi 1 signing)in the spacq provide (name of individual signing)in the space provided
above on thi day of .- 20/ above on this day of 20�
7ARY PUBLIC NOTARY PUBLIC
y commission exio P —AW y commission expires 20 :
My COMMMION A EE IM86
* * EXPIRES:November 6,2015
k23368Pg 1208
Signature of Petitioner(County)/Date
822
Print kc 11P9N 2091
STATE OF
COUNTY OF
PERSONALLY APPEARED BEFORE ME,the
undersigned authority,
who,after
first being sworn by me,affixed his/her signature
(name of individual signing)in the space provided
above on this day of 20_
NOTARY PUBLIC
STIPULATION MAGNOLIA CE10070167.doc
i
Docn 1 3
By signing ti ' ,
UNDERSTOOD,AND CONSENT to its terms andconditions. k
SignatureSignature of Respondent(s)I Date /Date
PrintPrint Name
STATE F f TATE OF
Cowry �, _ • COUNTY F
PERSONALLY APPEARED BEFORE ME, e PERSONALLY APPEARED BEFOREe
igned authority, undersigned authority,
o,eer who,after
first being sworn by me,affixed hi by me,affixed his/hcrSignature
(name of indivi i in the Vacq provided (name of individual signing) e space provided
aboveiday o -e& 2 ,/ above on this day o
h0fARY—PUBLIC NOTARYPULIC
My commission expi r a• Laaftiow My commission expires 20_:
MyCOMMUNHEUM
* EXPIRES:Nwimber8,2015
of r(Cou )/ ate
Print name
STATE F I '
COUNTY F "
PERSONALLY APPEARED BEFORE ,the
undersigned ,
)f�0ALRI-A Ud fAADW—
o,
sworn after
signatum
(name of individual signing)' providedC C
aboveo � OFFICIAL
0. �u r� A14A PE,,(
T I
„,eriYL1J01 C.UPRIGHT
MY COMMISSION A DD 983302
y a EXPIRES:April 19,2014
., r Bonded Thru Notary PubCic Undervidters
STIPULATION MAGNOLIA 10 0167.
MONROE FFICI COUNTY
RECORDS
1
MONROE COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Monroe936839
Countyo Enforcement c 1 11
Petitioner
VS. Case Number
Magnolia 101 LLC andBrian Lindback, MGR Docn 1941823
Respondent(s) BkN 2639
STIPULATION TO CODE VIOLATION ICOMPLY
In the matter f:
Magnolia 101 LLC and BrianLindback, MQR (hereinafter referred to jointly and
severally as"Resn nt( )") and MonroeCounty Enforcement ("Petitioner"), by
and through the undersignedindividuals, r ree and stipulate to the following:
1. Respondent(s ) agrees that I received the Noticef Hearing
issued in this case, and that the hearingt was scheduled in that Notice
continued is now scheduled to be heard on February 28, 2013to determine
whether the charges alleged in the Noticef Violation ti Hearing r
accuratert substantial evidence ("Hearing").
2. Respondent(s) agrees that the violation (s) exist as alleged in the
Notice Violation is in this matter. Respondent(s) understands that
he/she could appear at the Hearingcontest evidence to be submifted by Code
Enforcement. However, by entering into this Stipulation, Respondent(s ) understands
agreesand that:
STIPULATION MAGNOLIA CE10070169.dac
( ) He/she need not appear at the Hearing, t instead, stipulates
of the finding it son t( ); and
( ) Any evidencein the CodeEnforcement file will be deemed the record
i ; and
( ) He or she waives the right o appeal any findingviolation r order
that he or she wouldy r Section 162.11, Florida
Statutes.
. The Respondent(s) understand that the propertyill be checked
for compliance on December .
4. The parties understand that a fine of$450.00 per day that shall
accrue it if the propertyis not brought into compliance withintime i
paragraph .
. The Respondent(s) understands that if the Respondent(s)fails t
complyi in the time givenin paragraphfine(s ) shall accrue each day the
violation (s) remain s follows. Docn1936839
11
11 -1 ( ) $100.00 per day
11 -11( )( ) $250.00 per day
1- (c) $100.00 per day
6. The Respondent(s) agree to pay all costs incurred in prosecuting
the case `thin 30 days of compliance and that such costs shall be imposed as a lien
under Section 1 ( )( ), Floridas, and MonroeCounty i - ( ).
7. Respondent(s ) specifically agreethis Stipulation Agreement
shall be recorded in the publicrecords oun II constitute notice
subsequent purchasers, successors in interests, r assigns that the violations of
k 13941823
ULATIONMAGNOLIA CE10070169.d
Monroe11 -1 ( ), 11 -11( )( ): and 21-20(c) exist. This Stipulation
Agreement II be recordedlien in r r real or
nl property owned by the ( ) if the propertyis not brought into
compliance ° i in paragraph 3.
8. ( ) agrees and represents that Respondent(s)
enteredinto this Stipulationn ( )' r will. (s)further
agreesunderstands and he/she right I prior to signing
this Stipulation, n r has electedto waive this right.
parties9. The son ( ) may
revoke this Stipulation and that such revocation must be done in writing or done i
person with Kathleen Windsor by the end of business February 13, 2013.
Docn 1BkN 3 1
DOCN k 1 1
7 ls�
STIPULATION MAGNOLIA CE10070169.doc
4
By signing this Stipulation, both parties represent that they have READ,
UNDERSTOOD, AND CONSENT to its terms and conditions.
*Ign"aOure of Respond—e—nt(9—"iate Signature of Respondent(s)i Date
I r
Print Name Print Name
STATE OF r-1, V STATE OF
COUNTY OFF rjf,-0 COUNTY OF
PERSONALLY APPEARED BEFORE ME,the PERSONALLY APPEARED BEFORE ME,the
undersigned authority,
who,after who,after
first being sworn by me,affixed his/her signature first being sworn by me,affixed his/her signattire
(name of indi al si in e (name of individual signing)in the space provided
�ning) i th/_�Rac�provided_,e
above on day Of _b 20�/ above on this day of 20®
�XOTARY PUBLIC NOTARY PUBLIC
My commission expires Za 2 DER My commission expires 20—:
C. OMO
My COMMISSION#EE 13996
EXPIRES:November 8,2015 Docn 1936839
11*003 de BMW TW&J*N.Wy Sm BkN 2633 PgN 2215
Signature of Petitioner(County)I Date
ooeN 1941823
Print name BkN 2639 PgN 2098
STATE OF
COUNTY OF
PERSONALLY APPEARED BEFORE ME,the
undersigned authority,
who,after
first being sworn by me,affixed his/her signature
(name of individual signing)in the space provided
above on this_day of 20
NOTARY PUBLIC
STIPULATION MAGNOLIA CE10070169.doc
By signing i ,
UNDERSTOOD, conditions.
Ignwatirrie'of-Reepondent(s)i �te Signature of Respondenti(s)I Date
/
C
..0✓1 -Ci
Print Name Print Name
T F STATE
COUNTY 07���� COUNTY F
PERSONALLY APPEARED BEFORE ME, e PERSONALLY APPEARED BEFORE ME,the
ersigned authority, i
gned authority,
o,after who,after
first being sworn by me,affixed his/her signature e' i si
grtature
(name of indi ' si In (name of individual signing)in
aboveabove on this0
PUBLIC NOTARY PUBLIC
My commission expires P y i i :
D
* 4., 936839
* # f
-A :November 8,2015 oe 1
BKW 1216
I' .
Print name
c
PERSONALLY APPEARED BEFORE ME,COUNTY OF Ld DAja=Qk
undersigned ,
being4—MeW WOOW— who,after
i si
galiftre
(name of indivi sprovided
above on this Of JjEj6L 20_L�3 MONROE COUNTY
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COUNTYMONROE
OFFICIAL RECORDS
Exhibit " C . "
Ebtrb �tq;trtrt Court of Z(ppeat
State of Florida
Opinion filed February 27, 2019.
Not final until disposition of timely filed motion for rehearing.
No. 3D17-1312
Lower Tribunal No. 13-945-P
Magnolia 101, LLC, et al.,
Appellants,
vs.
Monroe County, etc.,
Appellee.
An Appeal from the Circuit Court for Monroe County, Luis M. Garcia, Judge.
Vernis & Bowling of the Florida Keys, P.A., and Gaelan P. Jones and Scott
C. Black, for appellants.
Peter H. Morris, Assistant County Attorney, for appellee.
Before LOGUE, HENDON, and MILLER, JJ.
PER CURIAM.
Affirmed.
M A N D A T E
from
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
THIRD DISTRICT
This cause having been brought to the Court by appeal, and after due
consideration the Court having issued its opinion;
YOU ARE HEREBY COMMANDED that such further proceedings be had in said
cause as may be in accordance with the opinion of this Court, and with the rules of
procedure and laws of the State of Florida.
WITNESS the Honorable Kevin Emas, Chief Judge of the District Court of Appeal
of the State of Florida, Third District, and seal of the said Court at Miami, Florida on this
day.
DATE: March 19, 2019
CASE NO.: 17-1312
COUNTY OF ORIGIN: Monroe
T.C. CASE NO.: CAP13-945
STYLE: MAGNOLIA 101, LLC, et v. MONROE COUNTY, etc.,
al.,
Try.
a4
`
ORIGINAL TO: Monroe Clerk
cc: Scott C. Black Peter H. Morris Gaelan P. Jones
la