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Item R08 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 20. 2005 Division: County Attorney Bulk Item: Yes XX No Staff Contact Person: Pedro Mercado AGENDA ITEM WORDING: Approval of settlement agreements in code enforcement lien in Monroe County V. Itnor Corp. ITEM BACKGROUND: Waters Edge Trailer Park which is owned by the Itnor Corp. rented a lot to Jean M. Louis. Louis in turn owned the trailer which was on the lot. Louis, and the Itnor Corporation as property owner, were cited by Code Enforcement for enclosing a porch without a pennit. The violator, Louis, failed to bring the property into compliance by the date set by the special magistrate and the special magistrate imposed a tine in the amount of $100 beginning March 25. 2004. Itnor Corporation refused to give Louis permission to seek a pennit for the enclosure as ltnor was seeking to evict Louis. As of March 21,2005 the fines and costs total $36,300. During the second week of March, 2005, Carolee McRreynolds, the Vice-President of Itnor Corporation contacted the County to inform the County that Itnor had obtained possession of the Louis trailer and it is Itnor's intent to demolish the trailer. After consultation with Rhonda Norman, Code Enforcement Director, it was determined that it would be appropriate to settle this case for $3,700. PREVIOUS RELEVANT DOCC ACTION: The BOCC granted the County Attorney's Office authority to institute foreclosure proceedings or enter into settlement negotiations at the March 16, 2005 meeting. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDA nONS: Approval TOTAL COST: N/A COST TO COUNTY: N/A BUDGETED: Yes No SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes XX No AMOUNTPERMONm_ Year APPROVED BY: County Atty XX OMBlPurchasing _ Risk Management _ DMSIONDIRECTORAPPROVAL: /lnJ hn.d' .~.( ~ COLLINS, COUNTY ATTORNEY DOCUMENTATION: Included Not Required XX DISPOsmON: Revised 2/05 AGENDA ITEM # BEFORE THE CODE ENFORCEMENT SPECIAL MASTER OF MONROE COUNTY, FLORIDA The Honorable J. Jefferson Overby, Presiding MONROE COUNTY, FLORIDA Petitioner, vs. CASE NO.: CE030S0208 THE ITNOR CORPORATION Respondent( s) I SETTLEMENT AGREEMENT The Petitioner Board of County Commissioners of Monroe County and The Itnor Corporation, 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. The parties agree to settle the code enforcement lien for $3,700.00. 2. Respondent Itnor Corporation agrees to demolish the enclosed porch which is the subject of this violation by April 19, 2005. 3. The property in question has a legal description of Watersedge Trailer Park, Stock Island, Monroe County, Florida (RE#:00124540-000000) 4. Upon approval of this agreement by the Board of County Commissioners, the Respondent(s) shall remit a check in the amount of $3,700.00 made payable to the Board of County Commissioners. 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 the official 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 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: By: Deputy Clerk Dixie Spehar, Mayor Dated - tf?~1f1 t;, ;Ip , Respondent By: 3{~ 'lD' (date)