Item T04
BOARD OF COUNTY COMMISSIONERS
Agenda Item Summary
Meeting Date 6/16/04
Division
County Attorney
AGENDA ITEM WORDING
Approval of settlement offer from Sylvia Fuller to settle her code enforcement lien.
ITEM BACKGROUND
On 10/20/2000, the Code Enforcement Special Master imposed a fine $750.00 per day
against Ms. Fuller's commercial property, the Sunshine Supermarket in Tavernier for 3
violations trash and debris, failure to mow, and unlawful disposal of solid waste. The fines
reached $87,100.00 before the property was brought into compliance.
The owner has offered $10,100.00 to settle the $87,100.00 lien. The County Attorney's
office has spent less than $500.00 in staff time on the case and has incurred costs of
$100.00.
PREVIOUS RELEVANT BOCC ACTION
The Board authorized foreclosure proceedings on June' 18, 2003.
CONTRACT/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 DIRECTORAPPROVAL~~ t;&l"/~~
J HN R. COLUNS
DOCUMENTATION:
Included !
To Follow' ,
Not Required !
AGENDA ITEM #
Tt+
BEFORE THE CODE ENFORCEMENT SPECIAL MASTER
OF MONROE COUNTY, FLORIDA
The Honorable J, Jefferson Overby, Presiding
MONROE COUNTY, FLORIDA
Petitioner,
vs,
CASE NO,: U7-00-1131
SYLVIA FULLER,
Respondent(s)
/
SETTLEMENT AGREEMENT
The Petitioner Board of County Commissioners of Monroe County and Syvlia
Fuller, Respondent(s), hereby enter into this agreement 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 expel)se of
litigation, and buy peace in this matter, the parties agree to settle the code
enforcement lien recorded at Book 1659, Page 565, and re-recorded at
Book 1660, Page 363 of the Official Records of Monroe County for
$10,100.00.
2. The property is currently in compliance with the Monroe County Code.
3. The property in question has a legal description of Lot 1, Block D,
Tavernier II Subdivision, Key Largo, Monroe County, FL (RE: 00556180-
000000).
4. The parties agree that if the Respondent's payment in the amount of
$10,100.00 is not received by the County Attorney's office by the close of
business on July 2, 2004, this agreement shall be void ab initio.
5. Once this agreement has been executed by both parties and 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, 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 partie~ 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
Sylvia Fuller, Respondent
By:
Notary Public
(date)
This document was prepared and approved for legal sufficiency by:
J:!{t!t, &q6/? /0/
Assistant County Attorney
Florida Bar No.: 058262
P.O. Box 1026
Key West, FL 33041-1026
(305) 292-3470