Item O3 0.3
County �� � .�� �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys ��� � � Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
August 13, 2021
Agenda Item Number: 0.3
Agenda Item Summary #3433
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Paunece Scull (305) 295-3170
None
AGENDA ITEM WORDING: Approval of Settlement Agreement in Monroe County v. Coher &
Coher Investment Co., Ltd., Case No. 18-CA-674-P and to authorize the County Attorney to
execute the Settlement Agreement documents.
ITEM BACKGROUND: This property, owned by Coher & Coher Investment, Ltd., (Coher) has
been the subject of code compliance cases for failure to hook up to central sewer. This property is
comprised of five (5) buildings. Each building has two (2) residential units on the upper level and
two (2) commercial units on the lower-- twenty (20) units in total. Each building has been assigned
two (2) real estate numbers ranging from 00468471- 007501 to 00468471-007510, resulting in ten
(10)real estate numbers in total. Therefore, ten (10) code cases ensued.
On 9/29/16, the Special Magistrate found the property in violation and ordered a compliance date of
12/29/16. The property owner did not gain compliance, the fines began to accrue, and the County's
liens were recorded on 1/5/17.
On 12/18/19 all units were brought into compliance. The total fine for all cases and costs were
$1,022,822.18. The Defendant was able to gain compliance by applying for and being issued one
permit to resolve all ten (10) code compliance cases. As a result, at a closed session held 6/16/21,
the Board discussed a settlement offer presented by Coher for a reduction of the outstanding fines.
The County Attorney's Office and Coher have negotiated a Settlement Agreement (attached as
backup). The proposed Settlement Agreement between the County and Coher resolves the litigation
for the County by accepting payment of $36,986.09 to resolve all liens and costs. Coher shall pay
$15,000 immediately upon approval by the BOCC and then make equal monthly installments until
the balance is paid in full_ If the Defendant fails to pay the full amount within one year of entry of
the settlement, the fine shall revert to the full $1,022,822.18. The County Attorney's Office seeks
authority to execute all settlement documents.
PREVIOUS RELEVANT BOCC ACTION:
07/19/17: Agenda Item N2 Approved: Authority to initiate litigation regarding CE16020087;
CE1602017; CE16020176; CE16020194; CE16020196; CE16020205; CE16020211; CE16020212;
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0.3
CE16040068 and CE16010058.
06/16/21: Closed Session.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval of Settlement Agreement and authorize the County
Attorney to execute these settlement documents.
DOCUMENTATION:
Settlement Monroe County Coher 07 22 2021 Signed
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date:
Total Dollar Value of Contract: n/a
Total Cost to County: n/a
Current Year Portion: n/a
Budgeted: n/a
Source of Funds: n/a
CPI:
Indirect Costs: n/a
Estimated Ongoing Costs Not Included in above dollar amounts: n/a
Revenue Producing: If yes, amount:
Grant: n/a
County Match: n/a
Insurance Required: n/a
Additional Details:
REVIEWED BY:
Bob Shillinger Completed 08/02/2021 11:00 PM
Paunece Scull Completed 08/03/2021 8:38 AM
Purchasing Completed 08/03/2021 8:40 AM
Budget and Finance Completed 08/03/2021 8:43 AM
Maria Slavik Completed 08/03/2021 8:51 AM
Liz Yongue Completed 08/03/2021 10:33 AM
Board of County Commissioners Pending 08/18/2021 9:00 AM
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O.3.a
IN THE CIRCUIT COURT OF THE 16 th JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
COUNTY,MONROE
FLORIDA a political
subdivision of the State of Florida,
Plaintiff, Case o.: - - -
v. Hon. Luis M. Garcia E
2
COHER AND COHER INVEST CO., LTD,
Defendant.
4-
0
SETTLEMENT AGREEMENT >
The Board of County Commissioners of Monroe County and Coher & Coher Invest Co., --
Ltd., the property owner, hereby agree to settle the existing code enforcement liens imposed by
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the Special Magistrate regarding real property located at, 103100 Overseas Highway, Units 1-10,
Key Largo, Florida, as follows:
1. The County brought ten(10)code enforcement cases in 2016 against the Defendant
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for failure to connect ten (10) units to the central sewer. Those County Code Case Numbers are �
as follows:
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CE16010058 CE16020087 CE16020172 CE16020176 CE16020194
0
CE16020196 CE16020205 CE16020211 CE16020212 CE16040068 U
2. Upon execution of this Agreement, the parties shall submit it to the Court for final
approval. This agreement shall affect upon final approval by the Court.
3. Defendant currently owns the property. ,
4. The current fine total for all cases combined is $1,092,911.09, with statutory costs
of$9,911.09, for a total due from Defendants of$1,102,822.18.
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0.3.a
5. The Property Owners agree to:
• Pay the settlement offer of $36,986.09 ($27,075.00 fines and $9,911.09
statutory costs)
• The Property Owner shall immediately pay$15,000.00 and then equal monthly
ca
installments until the total fines and costs are paid, in full,within one year from
the date of this Agreement.
6. Payment shall be made to: Monroe County Code Compliance,Attn:Nicole Petrick,
2798 Overseas Highway, Marathon, FL 33050.
7. Once the outstanding settlement amount is received,in full,and upon the execution
of this agreement the County will:
• Issue, a release and satisfaction of the underlying code enforcement lien for
filing in the Official Records of Monroe County. and
• File a notice of voluntary dismissal and release of lis pendens with the Clerk.
The County may issue a voluntary dismissal upon payment of the initial .2
$15, 0 .00 but the Court will retain jurisdiction for enforcement of this
Agreement. However, the release of lis pendens will not occur until all fines
and costs are paid in full.
8. If the Property Owner fails to timely pay, in full,the remaining balance within one
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year of this Agreement, the fine will revert back to the full amount stated in Paragraph 4, less
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monies received by the County.
9. This Agreement will serve as a complete satisfaction of the underlying Code
Compliance cases referenced in Paragraph 1 once paid in full.
0
a
Coher& Coher Invest Co.,Ltd. Paunece Scull a
Property er Assistant County Attorney E
By: Monroe County Attorney's Office a,
1111 12th Street, Suite 408
z E
Key West, FL 33040
Date: Date:
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