Item T05
BOARD OF COUNTY COMMISSIONERS
Agenda Item Summary
Meeting Date
6/16/04
Division
County Attorney
AGENDA ITEM WORDING
Approval of settlement agreement with Mark Otto to resolve his code enforcement lien.
ITEM BACKGROUND
In 2000, the Code Enforcement Special Master imposed a $250.00 per day fine against Mr.
Otto for failing to comply with the documentation requirements for an affordable housing
permit. Mr. Otto neglected to file the appropriate documentation in every year since. Legal
staff has reviewed Mr. Otto's financial data and it appears that he met the income
requirements but simply failed to file the appropriate paperwork that is required as a
condition for an affordable housing permit.
Mr. Otto has offered to settle the lien which exceeds $350,000.00, for $1100.00. That
figure represents a $250 fine for each year that he was not in compliance plus the $100.00
administrative fee that is imposed in each case that goes to hearing.
PREVIOUS RELEVANT BOCC ACTION
None.
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 DIRECTOR APPROVAL~~ ~ D(,/Pl/, <J
HN R. COLLINS
DOCUMENTATION:
!
Included !
To Follow ~. /" ,
Not Required
AGENDA ITEM #
'Ts
BEFORE THE CODE ENFORCEMENT SPECIAL MASTER
OF MONROE COUNTY, FLORIDA
The Honorable J, Jefferson Overby, Presiding
MONROE COUNTY, FLORIDA
vs.
Petitioner,
CASE NO,: OO-AFB-14
MARK OTTO,
Respondent(s)
I
SETTLEMENT AGREEMENT
The Petitioner Board of County Commissioners of Monroe County and MARK
OTTO, 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 expense of
litigation, and buy peace in this matter, the parties agree to settle the code
enforcement lien recorded at Book 1647, Page 1044, and re-recorded at
Book 1662, Page 2202 of the Official Records of Monroe County for
$1,100.00.
2. The property is currently in compliance with the Monroe County Code.
3. The property in question has a legal description of PART OF GOVT. LOT
2, SUGARLOAF KEY, MONROE COUNTY, FL (RE: 00117420-
000000).
4. 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.
5. The County will file a copy ofthe release and satisfaction in official the
Code Enforcement file.
6. 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.
7. Both parties warrant that they have had an opportunity to consult with
counsel before entering into this agreement.
8. 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
Mark Otto, Respondent
Notary Public
By:
(date)
This document was prepared and approved for legal sufficiency by:
RMn11flES/I~
Assistant County Attorney
Florida Bar No.: 058262
P.O. Box 1026
Key West, FL 33041-1026
(305) 292-3470