Item T09
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 11/19/2003
Division:
County Attorney
Bulk Item: Yes ~ No
Department:
County Attorney
AGENDA ITEM WORDING:
Approval of settlement in Radim Havlicek v. Monroe County.
ITEM BACKGROUND:
Radim Havlicek filed suit against the County seeking to declare a restrictive covenant invalid and for
damages under ~ 1983 of the Civil Rights Act. The restrictive covenant was imposed when he
received a building permit. The covenant permitted the County to periodically inspect his property to
ensure compliance with FEMA' s flood plain regulations.
Counsel for Mr. Havlicek and the County have negotiated a proposed settlement wherein the County
would pay $3000.00 to Mr. Havlicek and release the restrictive covenant imposed on Mr. Havlicek's
property .
PREVIOUS RELEVANT BOCC ACTION:
On October 15,2003, the Board revised the restrictive covenant ordinance to address concerns similar
to those raised in this litigation.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $3,000.00
BUDGETED: Yes
No
COST TO COUNTY: $3,000.00
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No xx
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management
DIVISION DIRECTOR APPROVAL:
~ Goll~ l~lo~lo)
l.R. Collins
DOCUMENTATION:
Included
To Follow_
Not Required_
T1
DISPOSITION:
AGENDA ITEM #
. -
This inslJ'\lmeDt prepared by:
Michael't, Burice, &quire
Johrnion. Ano;c:llIlO, Murdoch, Burk" &; Gcor;c. P,A,
790 East Browatd Boulcvam, Suite 400
Fort r..audenlale, Florida 3330 I
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Monroe County to Havlicek. Radi~
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Release of Limited S a e and Parkin Restri 've Covenant
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Know All Men by These Presents: That County OfMonr~, the tee of a certain
Limited Storage and Parking Restrictive Covenant bearing date the 2nd da}i'of;May, 2002, and
recorded in the office of the Clerk of the Circuit Court in and for th Coun~y of Monroe, State
of Florida, in Official Records Book 1786, Page 1650, upon the fol, wing ~cribed property
situate, lying and being in Monroe County, Florida, to-wit: 1 .
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Lot 35, Block 19
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currently owned by Radim Havlicek and does hereby release its said Itestrictive Covenant upon
the property hereinabove d~nbed, and hereby directs the Clerk of the said Circuit Court to
release said Restrictive Covenant of record. :
In Witness Whereof, the said has calIsed these presents to be
executed in its. name, and its corporate seal to be hereunto affix~d, by its proper officers
thereWlto duly authorized, this day of , 2Q03.
Wimesses:
Print Name:
By:
Print Name:
Title:
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Print Name:
STATE OF FLORIDA
COUNTY OF
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My Commission Expires:
My Commission Number Is:
The foregoing instrument was acknowledged before me this _ day of
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· a corporation, on behalf of ~c corporation. He/she
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is personally known to me or has produced i as identification.
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Notary Public, StaJe of F~Orida (Seal)
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H:II.JBRAllY\.\lONROE\IUvIi<<k\RdcIIC .co_t
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UMITED RELEASE
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KNOW ALL MEN BY THESE PRESENTS:
That I, RADIH HAVUCEK, hereinafter referred t~ as "first party",
for and in consideration of the sum of THREE THOUSAND DOLLARS
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($3,000.00) or other valuable considerations, recei~ed from or on
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behalf of the Monroe County, together with its omcials, employees
and agents, both past and present, hereinafter referrld to as "second
party", the receipt Is hereby acknowledged.
(Whenever used herein the terms "first partyl. an "second
.
party" shall include singular and plural, hers, legal
representatives and assigns of individuals and th~ officials,
agents and employees, successors and aS~igns 9f
corPorations, partnerships or trusts, both past and pres~~~
wherever the context so admits or requires.) : !,
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HEREBY remise, release, acquit, satisfy) and forever
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discharge the said second party, of and from all and [ all manner of
action and actions, cause or causes of action, suits;. debts, dues,
specialties, covenants, contracts, controversies,. agreem~nts, promises,
variances, trespasses, damages, judgments, executions, claims and
demands whatsoever, in law or in equity, which said f1rst party ever
had, now has, or which any personal representative, suo:essor, heir or
assign of said first party, hereafter can, shall or may ha~e, against said
second party, 'for, upon or by reason of any matter, ~ause or thing
whatSoever, from the beginning of the world to the i day of these
presents; with respect to any and all claims arising frani or rel~ted to
a limited storage and parki~g restrictive covenant; executed by
Radim Havlicek and dated May 22, 2002 together with any ~ild all
; .
claims for damages, costs and attorneys. fees which ~ere br~ught
in the lawsuit styled IlRadim Havlicek, Plaintiff, V5. M~roe Cdunty,
Defendant,1l In the Circuit Court of the 16th Judicial Cir~uit in and for
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Monroe County, Florida, Case No. CA K-02-1426. I
It is understood and agreed to by the parties that this settlement
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. u" av. J. ,),)'1'1 -J J. J. VU
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this
is a compromise of a doubtful and disputed claim and ~hat payment is
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not to be construed as an admission of liability on the part of the
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second parties, by whom liability is expressly denied. !
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IN WITNESS WHEREOF, I have hereunto set m~ hand and seal
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day of October, 2003. I
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Signed, sealed and delivered,
in the presence of:
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RADIM HAVLICEK ~
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STATE OF FLORIDA)
} 55:
COUNlY OF MONROE}
I HEREBY CERTIFY that on this day, before me, ~n officer duly
authorized in the State aforesaid and in the County afQreSaid to take
acknowledgments, personally appeared RADIM HAVliCEK, me known to
be the person described in the foregoing instrumen~. or w~o has
produced as identjficatjO~ and ho did
take an oath and he acknowledged before me that h~ execy d the
same. ! "
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WITNESS my hand and official seal in the County and! State
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last aforesaid this day of October, 2003. 1 '
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NOTARY PUBLIC STAT;E OF FLORIDA
My Commission Expjr~s=
This Instrument Prepared by:
MICHAEL T. BURKE, ESQUIRE
Johnson, Anselmo, Murdoch,
Burke & George, P.A.
790 East Broward Boulevard
Fort lauderdale, FL 33301
(954) 463-0100
1
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 11119/2003
Division:
County Attorney
Bulk Item: Yes....M...- No
Department:
County Attorney
AGENDA ITEM WORDING:
Approval of settlement in Radim Havlicek v. Monroe County.
ITEM BACKGROUND:
Radim Havlicek filed suit against the County seeking to declare a restrictive covenant invalid and for
damages under ~ 1983 of the Civil Rights Act. The restrictive covenant was imposed when he
received a building permit. The covenant permitted the County to periodically inspect his property to
ensure compliance with FEMA's flood plain regulations.
Counsel for Mr. Havlicek and the County have negotiated a proposed settlement wherein the County
would pay $3000.00 to Mr. Havlicek and release the restrictive covenant imposed on Mr. Havlicek's
property.
PREVIOUS RELEVANT BOCC ACTION:
On October 15, 2003, the Board revised the restrictive covenant ordinance to address concerns similar
to those raised in this litigation.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: 53,000.00
BUDGETED: Yes
No
COST TO COUNTY: 53,000.00
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No xx
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty _ OMBlPurchasing _ Risk Management_
DIVISION DIRECTOR APPROVAL:
~ ~~ l~o~I")
l.R. Collins
DOCUMENTATION:
Included
ToFollow_ NotRequired_
AGENDA ITEM #~
DISPOSITION:
AGENDA ITEM WITH LATE DOCUMENTATION
MEETING DA TE: 11/19/3
DIVIsION: COUNTY ATTORNEY
SUBJECT: Approval of settlement in
Radim Havlicek v. Monroe County
DATE ITEM WILL BE AVAILABLE NOVEMBER 24, 2003?
AGENDA ITEM NUMBER