01/18/2023 Agreement SETTLEMENT AGREEMENT
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
CE18070008 (hereinafter,the"Liens"), 16th Judicial Circuit Case Number 19-CA-565-K("Circuit
Court Case"), seeking injunctive relief, foreclosure, writ of execution and a money judgment as a
result of the Liens; and
WHEREAS, the Defendant Jay Archbell PA is the owner of real property located at 3 El
Monte Lane, Big Coppitt Key, FL, RE 00157130-000000 ("Property"), by virtue of a General
Warranty Deed dated April 15, 2021, conveying title to the Property from Kenneth Buirley and
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
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,
Page 1170; Book 2951, Page 1399; Book 3152, Page 1220; and Book 3152, Page 1222 are as
follows:
CE18050033:
• Defendants Buirleys from March 1,2019,through April 15,2021,the fines total
$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.
CE18070008:
Settlement Agreement Monroe County v. Buirley and Archhell
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• Defendants Buirleys from October 19, 2018, through April 15, 2021, the fines
total $182,000.00 (910 days at$200.00/day per count).
• 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.
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
of the outstanding Accumulated Fines and Accumulated Costs and to resolve the Circuit Court
Case; and
WHEREAS, it is in the best interests of the County to accept a discounted amount of the
full amount owing; and
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
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
Parties agree as follows:
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
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.
Settlement Agreement Monroe County v. Buirley and Archhell
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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
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.
3. Within no later than ten (10) calendar days following receipt of the Settlement
Amount, Monroe County shall file a notice of voluntary dismissal with prejudice of the above-
referenced lawsuit in the Circuit Court Case.
4. Within no later than ten (10) calendar days following receipt of the Settlement
Amount, Monroe County shall record a release of the Notice of Lis Pendens that was filed in the
Circuit Court Case and recorded in the Official Records of Monroe County at Book 2971, Page
615, Document 2225734.
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
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
waive all claims against the Plaintiff that have existed or now exist arising out of Code
Enforcement Cases CE18050033 and CE18070008.
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
Settlement Agreement Monroe County v. Buirley and Archhell
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Agreement,, and it shall 'be construed according to its lain meaning and not for or against any
party.
9 This Settlement Agreement,may be executed in any number of counterjiarts, all.of
which shall constitute one and the same instniment. This Settlement Agreement may be signed
using electronic signatures as well as wet signatures.
Date: Plaintiff Monroe County, Florida
Digitally signed by Robert B.Shillinger
DN:cn=Rolbert B.Shillinger,o=Monroe County BOCC
Robert B. Shillinger ou=Monroe County Attorney,email=shillinger-
bob@monroecounty-fl.gov,c=US
B y: Date:2023.01.19 13:51:08-05'00'
Robert B. Shillinger,County Atto mmey
Date: Defendant Jay Archbell P.
el/I
J Ar bell, onbe2 a I o WJ—ay Archbell P.A.
Svilemew Agreernent Monroe Coupqy v.Buirley and A rchhell
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