Item S09
BOARD OF COUNTY COMMISSIONERS
Agenda Item Summary
Meeting Date
4/21/04
Division
County Attorney
AGENDA ITEM WORDING
Approval of settlement agreement in Monroe County v. Gary Yaworski and Anita Fox, Case Number
U5-00-1104.
ITEM BACKGROUND
This is a settlement of a code enforcement lien which was imposed due to violations involving
unpermitted signs in the setbacks. The Special Master had imposed a $100.00 per day fine
commencing on October 19, 2000. It is unclear from County records when the property was brought
into compliance but it appears that compliance was achieved shortly after the fine was imposed.
Unfortunately, no compliance inspections were called for or done so the fine reached $95,000.00
before the County Attorney's office commenced a review of old liens. The uncertainty as to when
compliance was achieved hinders the County's ability to recover full value for the fine.
The owner has offered $1000.00 to settle this case. That figure more than covers the County's costs
incurred in prosecuting the case and includes a reasonable fine in light of the violations found.
PREVIOUS RELEVANT BOCC ACTION
The Board approved the initiation of collection proceedings on April 16, 2003.
CONTRACT I AGREEMENT CHANGES
STAFF RECOMMENDATIONS
Approval.
TOTAL COST
BUDGETED Yes
No
COST TO COUNTY
SOURCE OF FUNDS
APPROVED BY:
County Attorney _ OMB/Purchasing!
Risk Management!
DIVISION DIRECTOR APPROVAL&~ ~~
JOHN 0 INS
DOCUMENTATION:
Included xx
To Follow!
Not Required!
AGENDA ITEM #
9q
BEFORE THE CODE ENFORCEMENT SPECIAL MASTER
OF MONROE COUNTY, FLORIDA
The Honorable J. Jefferson Overby, Presiding
MONROE COUNTY, FLORIDA
Petitioner,
vs.
CASE NO.: US 001104
GARY YAWORSKI and ANITA FOX,
Respondent(s)
I
SETTLEMENT AGREEMENT
The Petitioner Board of County Commissioners of Monroe County and GARY
YAWORSKI and ANITA FOX, Respondent(s), hereby agree to settle the code
enforcement lien imposed in the above-referenced case by the Special Master against
property owned by the Respondent(s) as follows:
1. In order to resolve their differences amicably, avoid the expense of
litigation, and buy peace in this matter, the parties agree to settle the code
enforcement lien recorded at Book 1660, Page 2437 and re-recorded at
Book 1661, Page 1823 of the Official Records of Monroe County for
$1,000.00.
2. The property in question has a legal description of Lots 8 & 9, Block 1,
BAHIA MAR ESTATES Subdivision, KEY LARGO, Monroe County,
FL (RE: 00543190-000000 and 00543200-000000).
3. Upon approval of this agreement by the Board of County Commissioners,
the Respondent(s) shall remit ONE PAYMENT in the amount of
$1000.00, made payable to the Board of County Commissioners.
4. Said payment shall be received in the County Attorney's office by the
close of business on April 30, 2004 or this agreement is void ab initio.
5. Once the aforementioned check has cleared, the County will issue to the
Respondent(s) a release and satisfaction of said lien for filing by the
Respondent(s) in the Official Records of Monroe County.
6. The County will file a copy of the release and satisfaction in official the
Code Enforcement file.
7. By entering into this agreement, the each party agrees to waive any and all
claims that it could have raised and/or potential claims that it might have
been able to raise as a result of the above-captioned code enforcement
case.
8. Both parties warrant that they have had an opportunity to consult with
counsel before entering into this agreement.
9. Each party agrees to bear its own costs and attorney's fees other than as
specified in this agreement.
ATTEST:
DANNY L. KOLHAGE
CLERK:
BOARD OF COUNTY COMISSIONERS
OF MONROE COUNTY
By:
Deputy Clerk
By:
Murray Nelson, Mayor
Dated
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ANITA FOX, Respondent
By: ~2Jo
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(date)
for legal sufficiency by:
Robert B. Shillinger, Esq.
Assistant County Attorney
Florida Bar No.: 058262
P.O. Box 1026
Key West, FL 33041-1026
(305) 292-3470