Item S8BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 18, 2012
Bulk Item: Yes X No
Division: County Attornev
Staff Contact: Lisa Granger 292-3470
AGENDA ITEM WORDING: Approval of a Settlement Agreement in the matter of Monroe
County Code Compliance v Donald and Diana Brady, CE10110094.
ITEM BACKGROUND: On April 13, 2011, the Special Magistrate for Code Compliance
found that Mr. and Mrs. Brady's property was in violation of Monroe County Code Section 6-
103(a) for exceeding the scope of a building permit by deviating from plans for installation of the
pool and Monroe County 6-27(b)(2)h for unsafe conditions for deviating from the scope of the
pool permit. Fines in the amount of $350 per day were ordered to begin on April 13, 2011 if
compliance was not achieved. Thereafter on May 11, 2011 the County agreed to stay the fines to
allow Mr. and Mrs. Brady time to confer with various County staff members. When staff realized
that the pool was permitted, inspected and passed final inspections on October 10, 2006, the
matter was brought before the BOCC during a closed session. Now, the staff and Mr. and Mrs.
Brady have proposed a Settlement Agreement. Mr. and Mrs. Brady have proposed to pay the
County $3000 as payment in full on the outstanding fines (which total $9450) and $1200 as
payment in full on the outstanding costs within 45 days. The staff have proposed to provide a
full release of lien upon clearance of the total payment ($4200).
PREVIOUS RELEVANT BOCC ACTION: On August 17, 2011 the BOCC scheduled a
Closed Session for September 21, 2011. The Closed Session was held on September 21, 2011.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: APPROVAL
TOTAL COST: n/a INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: n/a SOURCE OF FUNDS:
REVENUE PRODUCING: Yes X No AMOUNT $4200.00
APPROVED BY: County Atty x MB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
BEFORE THE CODE ENFORCEMENT SPECIAL MASTER
OF MONROE COUNTY, FLORIDA
THE HONORABLE JOHN G. VAN LANINGHAM, PRESIDING
MONROE COUNTY, FLORIDA
Petitioner,
VS. CASE NO.: CEIOII0094
DONALD and DIANA BRADY,
Respondent(s).
SETTLEMENT AGREEMENT
The Board of County Commissioners of Monroe County ("County") and Donald and Diana Brady ("Respondents")
hereby agree to settle the code enforcement lien imposed in the above -referenced case by the Special Master
against property owned by the Respondents for a total of $4,200.00.
The property in question has a legal description of Lots 12, Block 8, Cudjoe Ocean Shores, according to the Plat
thereof, as recorded in Plat Book 5, Page 107, of the Public Records of Monroe County Florida. More commonly
referred to as 23088 Sailfish Lane, Cudjoe Key, Monroe County, Florida (RE: 00188610-000000).
The Respondents shall remit cash, money order or check in the amount of $4,200.00 (four thousand two hundred
dollars) made payable to the Monroe County Board of County Commissioners. The County will hold the check
uncashed until approval of the settlement terms by the Monroe County Board of County Commissioners, at which
time the County will cash the check or deposit the funds. Respondents understand that settlement is dependent
upon the agreement of and is not final until execution of the Monroe County Board of County Commissioners.
Within 30 days of clearance of the check, the County shall provide to Respondents a release and satisfaction of
said lien, which the Respondent shall record in the Official Records of Monroe County.
By entering into this agreement, any and all claims arising out of the above -captioned code enforcement case shall
be satisfied and concluded. Each party shall bear its own costs and attorney's fees other than as specified in this
agreement.
IT IS SO AGREED AS OF THE LAST DATE SET FORTH BELOW.
(SEAL) BOARD OF COUNTY COMMISSIONERS OF MONR
Attest: DANNY L. KOLHAGE, Clerk COUNTY, FLORIDA
By:
Deputy Clerk
Dated:
Notary Public
By:
Mayor/Chairperson
Dated:
RESPONDENT DONALD BRADY
By:
(Date)
RESPONDENT DIANA BRADY
Notary Public By:
(Date)
6./wO[97J wa. (.DVIi/ll{iLVlL�7V VJ i/l'G/&
MONROE COUNTY, FLORIDA, )
Petitioner, )
VS. ) CASE NO. CE10110094
DONALD L. BRADY and )
DIANA E. BRADY )
Respondent(s). )
TO WHOM IT MAY CONCERN:
This is to certify that MONROE COUNTY, a political subdivision of the State of Florida, the owner and holder of the
Lien for non-payment of fines/liens referenced in the FINAL ORDERILIEN, previously recorded in the Official Records of
Monroe County on April 28, 2011 at Document 1833124, Book 2514, Page(s) 1506-1507, securing said lien upon the property
situated in said State and County described as follows, to -wit:
Lot 12, Block 8, CUDJOE OCEAN SHORES, according to the Plat thereof, as recorded
in Plat Book 5, Page 107 of the Public Records of Monroe County, Florida.
More commonly referred to as 23088 Sailfish Lane, Cudjoe Key, Monroe County, Florida
Parcel Id Number 00188610-000000.
hereby directs the Clerk of Said Circuit Court to record this release of lien in the official records of Monroe County, Florida.
Witness my hand and seal this day of 2012, at Key West, Monroe County,
Florida.
by:
State of Florida
County of Monroe
Monroe County Attorney's Office
Attorneys for Petitioner
1111 12`h Street, Suite 408
Key West FL 33040
Lisa Granger
Assistant County Attorney
I HEREBY CERTIFY that on this day, before me, an agent duly authorized to take acknowledgments and administer
oaths, in the State and County aforesaid, personally appeared Lisa Granger, Assistant County Attorney for Monroe County,
Florida, who is personally known to me.
WITNESS my hand and official seal at the County and State aforesaid, this day of , 2012.
Notary Public — State of Florida