CE19060068 10/19/2022 BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, Case No.: CE19060068
a political subdivision of the State of Florida,
Plaintiff,
v
KRZ, LLC,
Respondent.
SETTLEMENT AGREEMENT
The Plaintiff, Board of County Commissioners of Monroe County("County") and
Respondent, KRZ, LLC, ("Respondent') (collectively,the 'Parties")agree to settle the above-
styled matter as follows:
1. The County brought this Code Compliance case, CE19060068, for violations of
the County Code at six parcels in Key Largo:
RE#00508100-000000, Bk 4 Lot 2 Hibiscus Park
RE#00508110-000000, Bk 4 Lot 3 Hibiscus Park
RE#00508120-000000, Bk 4 Lot 4 Hibiscus Park
RE#00508130-000000, Bk 4 Lot 5 Hibiscus Park
RE#00508140-000000, Bk 4 Lot 6 Hibiscus Park
RE#00508150-000000, Bk 4 Lot 7 Hibiscus Park
2. The Respondent owns the above six parcels, and took title to them,with
additional parcels, pursuant to a Certificate of Sale, recorded in the Official Records of Monroe
County on or about May 10, 2017, at Book 2853, Page 1316, Document Number 2122342.
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Lots 1 through 16 and Lots 18 through 21,Block 1 Hibiscus Park, and Lots 1
through 7,Block 4 Hibiscus Park,according to the Plat thereof, as recorded
in Plat Book 3,Page 166 of the Public Records of Monroe County,Florida.
Legal description (hereinafter the "Property").
3. The County holds a valid code compliance lien against the Respondent due to
fines imposed by the Code Compliance Special Magistrate on November 19, 2020. The Final
Order is recorded in the Official Records of Monroe County on or about May 4, 2022, at Book
3171, Page 1889, Document Number 2373978. The underlying violation has not been brought
into compliance.
Section 1 -Recitals.The foregoing recitals are true and correct and are hereby incorporated
as if fully set forth herein.
Section 2- Settlement. The parties have entered into this Settlement Agreement knowingly,
freely, and voluntarily, having determined that they have adequate information upon which to
make informed decisions and having decided that it is in their best interests to amicably resolve
this action.
a. Neither party is under coercion or duress. Neither has been forced into this
Agreement or threatened in any way.
b. Neither party knows of any fact or circumstance, which would cause this
Agreement to be void or unenforceable.
c. Except as provided herein, the parties agree that each party shall bear its own
attorneys' fees, costs and expenses arising out of, in connection with, or
related to, this litigation, whether such fees, costs or expenses have been
incurred prior to the execution of this Agreement or will be incurred after its
execution.
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d. Respondent warrants and represents he has not conveyed the Property or any
interest therein to any person or entity.
e. Respondent agrees to, within thirty(30) calendar days of the County's
approval of this Agreement, convey the below-described parcels over to the
Monroe County Land Authority, such approval being evidenced in the form of
the undersigned Monroe County Attorney's executed approval of this
Agreement and ratifying approval by the County's Board of County
Commissioners.
Lots 1 through 16 and Lots 18 through 21,Block 1 Hibiscus Park, and
Lots 1 through 7,Block 4 Hibiscus Park,according to the Plat thereof, as
recorded in Plat Book 3,Page 166 of the Public Records of Monroe
County,Florida.
RE#00507230-000000, Bk 1 Lot 1 Hibiscus Park
RE#00507240-000000, Bk 1 Lot 2 Hibiscus Park
RE#00507250-000000, Bk 1 Lot 3 Hibiscus Park
RE#00507260-000000, Bk 1 Lot 4 Hibiscus Park
RE#00507270-000000, Bk 1 Lot 5 Hibiscus Park
RE#00507280-000000, Bk 1 Lot 6 Hibiscus Park
RE#00507290-000000, Bk 1 Lot 7 Hibiscus Park
RE#00507300-000000, Bk 1 Lot 8 Hibiscus Park
RE#00507310-000000, Bk 1 Lot 9 Hibiscus Park
RE#00507320-000000, Bk 1 Lot 10 Hibiscus Park
RE#00507330-000000, Bk 1 Lot 11 Hibiscus Park
RE#00507340-000000, Bk 1 Lot 12 Hibiscus Park
RE#00507350-000000, Bk 1 Lot 13 Hibiscus Park
RE#00507360-000000, Bk 1 Lot 14 Hibiscus Park
RE#00507370-000000, Bk 1 Lot 15 Hibiscus Park
RE#00507380-000000, Bk 1 Lot 16 Hibiscus Park
RE#00507400-000000, Bk 1 Lot 18 Hibiscus Park
RE#00507410-000000, Bk 1 Lot 19 Hibiscus Park
RE#00507420-000000, Bk 1 Lot 20 Hibiscus Park
RE#00507430-000000, Bk 1 Lot 21 Hibiscus Park
RE#00508090-000000, Bk 4 Lot 1 Hibiscus Park
RE#00508100-000000, Bk 4 Lot 2 Hibiscus Park
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RE#00508 1 1 0-000000, Bk 4 Lot 3 Hibiscus Park
RE#00508120-000000, Bk 4 Lot 4 Hibiscus Park
RE#00508130-000000, Bk 4 Lot 5 Hibiscus Park
RE#00508140-000000, Bk 4 Lot 6 Hibiscus Park
RE#00508150-000000, Bk 4 Lot 7 Hibiscus Park
f. Within fifteen (15) days following completion of the transfer of the properties
in Paragraph e, the County will record a Release and Satisfaction of the code
compliance lien in CE19060068. The current amount of the lien, as of
October 19, 2022, is $152,849.28. (Fines continue to accrue at$250 per day.)
Such Release shall specifically state that Respondent is forever released from
the County's code compliance lien recorded in the Official Records of
Monroe County on or about May 4, 2022, at Book 3171, Page 1889,
Document Number 2373978.
g. The Parties agree to waive and release any and all claims against the other that
could have been raised in Code Enforcement Case CE19060068.
Section 3 -Good Faith. These settlement negotiations have been undertaken by the
parties in good faith.
Section 4-Choice of Law; Governing Law; Jurisdiction; Venue. This Agreement is
not subject to arbitration and shall be governed by, and construed and enforced in accordance
with, the laws of the State of Florida, and venue for all claims, controversies, or disputes relating
to this Agreement shall be in the Circuit Court of the 16th Judicial Circuit in and for Monroe
County, Florida.
Section S- Binding Effect. It is agreed and understood that this Settlement Agreement
shall be and is forever binding upon the parties, including their successors-in-interest.
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Section 6-Construction of A rcement• Divisions and Headings.s. Captions and
paragraph headings, where used herein, are inserted for convenience only and are not intended to
descriptively limit the scope and intent of the particular paragraph or text to which they refer.
Section 7- Inconsistency, Partial1nvalidity,Severabilily,and Survival of Provisions.
If any condition, provision, reservation, restriction, right, or term of this Agreement, or any
portion(s)thereof, is/are held to be invalid or unenforceable by any administrative hearing officer
or by a court of competent jurisdiction, the invalidity or unenforceability of such condition,
provision, reservation, restriction, right, or term, or any portion(s)thereof, shall neither limit nor
impair the operation, enforceability, or validity of any other condition, provision, reservation,
restriction, right,term, or any remaining portion(s)thereof. All such other conditions, provisions,
reservations, restrictions, rights, terms, and remaining portion(s)thereof shall continue
unimpaired in full force and effect.
Section S -Integration. This Settlement Agreement constitutes the entire Agreement and
any representation or understanding of any kind preceding the date of the parties' written final
approval of this Agreement not specifically and expressly memorialized herein is not binding on
either of the parties except to the extent that it has been specifically and expressly memorialized
in this Agreement.
Section 9 - Non-Reliance bv Third-Parties.No non-signatory person(s) or entity(ies)
shall be entitled to rely upon any conditions, provisions, or terms of this Agreement to enforce or
to attempt to enforce any third-party claim(s) or entitlement(s)to or benefit(s) from any
conditions, provisions, or terms hereunder.
Section 10 -Execution in Counter arts. The parties acknowledge and agree that this
Settlement Agreement may be executed in one or more counterparts, each counterpart shall be
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considered an original portion of this Agreement, and all of which shall constitute a single
instrument.
Section 11 -Scrivener's Errors. The Monroe County Board of County Commissioners
authorizes the Monroe County Attorney and counsel representing the Monroe County Attorney's
Office in this matter to correct any scrivener's errors within this Agreement, prior to written
execution of this Agreement on the County's behalf as authorized and approved by the Board of
County Commissioners following a duly noticed public meeting of the Monroe County Board of
County Commissioners at which this Settlement Agreement is considered.
Section 12 -Effective Date. Once fully and finally executed by the Parties, this
Agreement shall be considered legally effective and forever binding on the parties.
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Signature
Printed Name
Representative for KRZ, LLC
1. �. :�: :-...................................................................
Date
STATE OF Q COUNTY OF Y6q r-O-e-
of eregoing Settlemen t Agr ment,w��acknowledged and aottested before me this day
��� �. __.. 20,22, fit'. r. d�... �_.... .�..�.. ... _T .. ca ydlyknown to.me or
produced as proof of ident
ification and did take an oath.
Jd/ .._ .W
t4aq Public (Print N J )
�ti
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Jody M.Flanagan
Comm.:HH 213958
Expires:Feb.14,2026
N ;;,V Notary Public-State of Florida
Notary Public Seal Not Public(Si ture)
Digitally signed by Robert B.Shillinger
DN:cn=Robert B.Shillinger,o=Monroe County BOCC
Robert B. S h i l l i n e r ,
ou=Monroe County Attorney,email=shillinger-
bob@monroecounty-fl.gov,c=US
Date:2022.10.20 13:44:16-04'00'
Robert Shillinger Date
Monroe County Attorney
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