Item P07 P.7
County of Monroe P W
;� w 1rJ� BOARD OF COUNTY COMMISSIONERS
r,�� Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5
y Michelle Lincoln,District 2
James K.Scholl,District 3
Ij David Rice,District 4
County Commission Meeting
January 18, 2023
Agenda Item Number: P.7
Agenda Item Summary #11560
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger(305) 292-3470
N/A
AGENDA ITEM WORDING: Approval of settlement agreement in the case of Monroe County v.
Buirley and Jay Archbell, P.A., Case No. 19-CA-565-K and authorization for the County Attorney
to execute settlement agreement and other necessary documents.
ITEM BACKGROUND: Property owner Defendant Jay Archbell, P.A., in the code compliance
lien foreclosure case of Monroe County v. Buirley and Jay Archbell, P.A., 161h Jud. Cir. Case 19-CA-
565-K has presented a revised settlement offer in the amount of $100,000 to resolve all code fines
and costs on the property, in return for the County's dismissal of the Circuit Court action and
resolution of two code cases against the property (CE18050033, unsafe structure, and CE18070008,
trash and debris).
The property located at 3 El Monte Lane, Big Coppitt (RE 4 00157130-000000). The property is a
vacant triangular-shaped dry lot in Gulfrest Park subdivision on Big Coppitt. The current value of
the vacant property is approximately $200,000 (Property Appraiser's Just Market Value is
$175,449).
The property was initially owned by Anita and Kenneth Buirley. The property was sold to Jay
Archbell P.A. on 4/15/2021.
All of the code violations were corrected as of 6/15/2021. Accumulated fines and costs to that date
for both code cases were $707,020.78 (($703,400 fines + $3,620.78 costs).
Mr. Archbell has made two prior settlement offers, in January 2022 ($16,500) and July 2022
($75,000),both of which were rejected by the BOCC. The current offer is $100,000.
Staff recommends acceptance of this settlement offer. While the current settlement offer represents
only 14% of accrued fines and costs, it represents 50% of the approximate market value of the
Property.
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P.7
PREVIOUS RELEVANT BOCC ACTION:
4/20/2022: closed session held
9/21/2022: BOCC discussion regarding presentation of settlement offer (open session)
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Settlement Agreement Archbell signed by Archbell
FINANCIAL IMPACT:
Effective Date: 1/18/2023
Expiration Date:
Total Dollar Value of Contract: Payment of$100,000 to County
Total Cost to County:
Current Year Portion:
Budgeted: Yes
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount: $100,000
Grant: No
County Match: No
Insurance Required: No
Additional Details:
REVIEWED BY:
Cynthia Hall Completed 12/22/2022 4:21 PM
Bob Shillinger Completed 12/22/2022 5:22 PM
Budget and Finance Completed 01/03/2023 9:21 AM
Lindsey Ballard Completed 01/03/2023 12:44 PM
Board of County Commissioners Pending 01/18/2023 9:00 AM
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P.7.a
SETTLEMENT AGREEMENT
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WHEREAS, on June 21, 2019, Plaintiff Monroe County, Florida ("Plaintiff') filed a <
lawsuit against Defendants Anita Lynn Buirley and Kenneth Buirley; on July 7, 2022 the new
owner of the property, Jay Archbell P.A., was added as a Defendant(collectively, "Defendants")
for foreclosure of liens arising from Monroe Code Enforcement Cases CE18050033 and 2
CE18070008 (hereinafter,the"Liens"), 16th Judicial Circuit Case Number 19-CA-565-K("Circuit as
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Court Case"), seeking injunctive relief, foreclosure, writ of execution and a money judgment as a
result of the Liens; and
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WHEREAS, the Defendant Jay Archbell PA is the owner of real property located at 3 El
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Monte Lane, Big Coppitt Key, FL, RE 00157130-000000 ("Property"), by virtue of a General
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Warranty Deed dated April 15, 2021, conveying title to the Property from Kenneth Buirley and U)
Anita Lynn Buirley to Jay Archbell, P.A.; and
WHEREAS, as of June 24, 2021 (the date of compliance) fines that have accumulated as a
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result of fines and costs imposed in the Final Orders issued in Code Enforcement Cases
CE18050033 and CE18070008,recorded in the Official Records of Monroe County at Book 2935,
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Page 1170; Book 2951, Page 1399; Book 3152, Page 1220; and Book 3152, Page 1222 are as
follows:
CE18050033:
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• Defendants Buirleys from March 1,2019,through April 15,2021,the fines total 2
$466,200.00 (777 days at$600.00/day).
• Defendant Jay Archbell, P.A. from April 16, 2021, through June 24, 2021, the
fines total $42,000.00 (70 days at$600.00/day).
• Costs: $2,777.01.
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CE18070008:
Settlement Agreement Monroe County v. Buirley and Archbell
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P.7.a
• Defendants Buirleys from October 19, 2018, through April 15, 2021, the fines _
total $182,000.00 (910 days at$200.00/day per count).
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• Defendant Jay Archbell, P.A. from April 16, 2021, through June 24, 2021, the
fines total $14,000.00 (70 days at$200.00/day).
• Costs: $1,030.42.
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For a total of seven hundred two thousand dollars ($704,200.00) ("Accumulated Fines") and a
total of$3,807.43 in accumulated costs ("Accumulated Costs"); and
WHEREAS, it is the desire of Defendant Jay Archbell P.A. to pay off a negotiated portion
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of the outstanding Accumulated Fines and Accumulated Costs and to resolve the Circuit Court
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Case; and
WHEREAS, it is in the best interests of the County to accept a discounted amount of the 0
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full amount owing; and
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WHEREAS, the County has agreed to accept one hundred thousand dollars and zero cents
($100,000.00) ("Settlement Amount") from Defendant Jay Archbell PA in full and complete
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satisfaction of Defendants' liability for the Accumulated Fines and Accumulated Costs arising out
of the Liens.
NOW THEREFORE, in consideration of mutual promises and other consideration, the
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Parties agree as follows:
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1. Defendant Jay Archbell P.A. shall make payment of the Settlement Amount within
no later than twenty-five (25) days following approval of the settlement by the Monroe County
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Board of County Commissioners and execution of this Agreement by both parties. Payment may
be made in the form of a check,made payable to Monroe County Board of County Commissioners,
delivered to Sr. Assistant County Attorney Cynthia L. Hall at 1111 12th St., Suite 408, Key West,
FL 33040.
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Settlement Agreement Monroe County v. Buirley and Archbell
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P.7.a
2. In exchange for the payment of the Settlement Amount and within ten(10) calendar
days following receipt of the Settlement Amount, Monroe County shall record a release of the W
Liens, releasing Defendant Jay Archbell P.A. from any and all further liability for fines or costs
arising from the Liens in Code Enforcement Cases CE18050033 and CE18070008.
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3. Within no later than ten (10) calendar days following receipt of the Settlement
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Amount, Monroe County shall file a notice of voluntary dismissal with prejudice of the above-
referenced lawsuit in the Circuit Court Case. 0
4. Within no later than ten (10) calendar days following receipt of the Settlement
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Amount, Monroe County shall record a release of the Notice of Lis Pendens that was filed in the U)
Circuit Court Case and recorded in the Official Records of Monroe County at Book 2971, Page
615, Document 2225734. 0
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5. This Settlement Agreement is conditional upon approval by the Monroe County
Board of County Commissioners. If for any reason the settlement is not approved by the Board of
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County Commissioners, then all obligations of both parties represented in this Settlement
Agreement are extinguished.
6. Plaintiff waives all claims that have existed or now exist against Defendants for
fines or costs arising from Code Enforcement Cases CE18050033 and CE18070008. Defendants
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waive all claims against the Plaintiff that have existed or now exist arising out of Code
Enforcement Cases CE18050033 and CE18070008.
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7. Each party in this matter shall bear its own attorneys' fees and costs.
8. Each person signing this Settlement Agreement indicates that (a) he, she or it has
read the Settlement Agreement in its entirety before executing; and(b)the person is authorized to
enter into the Agreement. Each party has cooperated in the drafting and preparation of this
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Settlement Agreement Monroe County v. Buirley and Archbell
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Agreement,, and it shall 'be construed according to its lain meaning and not for or against any 2�
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party. LO
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9. This Settlement Agreement,may be executed in any number of counteq)arts, all.of
which shall constitute one and the same instrument. This Settlement Agreement may be signed
using electronic signatures as well as wet signatures.
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Date: Plaintiff Monroe County, Florida E
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By:
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Robert B. Shillinger,County Atto mmey
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Date: Defendant Jay Archbell, P. Cr
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J XrObell, on bebal o, Jay Archbell P.A.
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Svilemew Agreernent Monroe Coupqy v.Buirley and A rchhell
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