item O05
BOARD OF COUNTY COMMISSIONERS
Agenda Item Summary
Meeting Date
8/18/04
Division
County Attorney
AGENDA ITEM WORDING
Approval of settlement offer in Monroe County v. David Laquerre, CE03050022,
ITEM BACKGROUND
Mr. Laquerre has offered to settle his $38,350.00 code enforcement lien for $1917.50, which
represents 5% of the amount owed. Mr. Laquerre's incarceration in Federal prison since November
2002 has hampered his efforts to correct violations created by his brother who built a seawall and
installed pavers without benefit of permit and kept an abandoned vehicle on the property. Once
fines were imposed, Mr. Laquerre replaced his brother with a contractor who was hired to demolish
the unpermitted work. That contractor worked quickly to achieve compliance.
As the attached documentation indicates, Mr. Laquerre is scheduled to be released from prison in
2006.
PREVIOUS RELEVANT BOCC ACTION
The Board authorized the County Attorney's office to foreclose on 7/14/04.
CONTRACT/AGREEMENT CHANGES - n/a
STAFF RECOMMENDATIONS - Approval. Due to circumstances, staff believes this offer is
reasonable.
TOTAL COST
BUDGETED Yes No
COST TO COUNTY
SOURCE OF FUNDS
APPROVED BY:
County Attorney _ OMB/Purchasing!
Risk Management!
DIVISION DIRECTOR APPROVAL:q U~ 07/bJJ, '/
JOHN R. COLLINS
DOCUMENTATION:
Included xx
AGENDA ITEM # 0 S
BEFORE THE CODE ENFORCEMENT SPECIAL MASTER
OF MONROE COUNTY, FLORIDA
The Honorable J. JefJerson Overby, Presiding
MONROE COUNTY, FLORIDA
Petitioner,
vs.
CASE NO.: CE03050022
DAVID J. LAQUERRE
Respondent(s)
I
SEITLEMENT AGREEMENT
The Petitioner Board of County Commissioners of Monroe County and David J.
Laquerre, Respondent( s), hereby agree to settle the code enforcement lien imposed ~ the above-
referenced case by the Special Master against property owned by the Respondent(s) as follows:
1. The parties agree to settle the code enforcement lien for $1917.50.
2. The property in question has a legal description of Block 5, Lot 5, Cahill Pines &
Palms, Big Pine Key, Monroe County, Florida (RE: 00244340-000000).
3. Upon approval of this agreement by the Board of County Commissioners, the
Respondent(s) shall remit a check in the amount of$1917.50 made payable to the
Board of County Commissioners.
4. 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.
5. The County will file a copy of the release and satisfaction in the official Code
Enforcement file.
6. 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.
7. Both parties warrant that they have had an opportunity to consult with counselcbefore entering into this agreement.
.. I' "
8. Each party agrees to bear its own costs and attorney's fees other than as specified
in this agreement.
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Mayor/Chairperson
Deputy Clerk
Dated
David J. Laquerre, Respondent
By:
Notary Public
(date)
.
This document was prepared h . and approved for legal sufficiency by:
o . S linger, Esq.
Assistant County Attorney
Florida Bar No.: 058262
P.O. Box 1026
Key West, FL 33041-1026
(305) 292-3470