02/15/2023 Agreement IN THE CIRCUIT COURT OF THE 16"' JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
MONROE COUNTY, FLORIDA a political
subdivision of the State of Florida,
Plaintiff, Case No.:18-CA-674-P
V. Hon. Luis M. Garcia
CORER AND COHER INVEST CO., LTD,
Defendant.
SECOND SETTLEMENT AGREEMENT
Plaintiff, Monroe County, Florida, (the County) a political subdivision of the State of
Florida, and Defendant, Coher & Coher Invest Co., Ltd., hereby agree to settle the existing code
enforcement liens imposed by the Special Magistrate regarding real property located at, 103 100
Overseas Highway, Units I-10, Key Largo, Florida, as follows:
1. The County brought ten(10)code enforcement cases in 2016 against the Defendant
for failure to connect ten (10) units to the central sewer, Those County Code Case Numbers are
as follows:
CE16040068 CE16020212 CE16020211 CE16020205 CE 16020194
CE16020196 CE 16020172 CE16010058 CE16020087 CE 16020176
2. Defendant currently owns the property.
3. The current fine total for all cases combined is $1,092,911.09, with statutory costs
of$9,911.09, for a total due from Defendants of$1,102,822.18.
4. The parties previously entered into a Settlement Agreement, signed by Defendant's
representative on July 22, 2021, and on behalf of the County on August 25, 2021.
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5. Pursuant to the terms of the first Settlement Agreement, Defendant agreed to pay a
total of$36,986,09, Defendant agreed to pay $15,000 immediately, followed by equal monthly
installments until paid in full, within one year of the date of the Settlement Agreement.
6. The Settlement Agreement also stated: "If the Property Owner fails to timely pay,
in full, the remaining balance within one year of this Agreement, the fine will. revert back to the
full amount stated..., less monies received by the County."
7. Defendant paid the immediate $15,000, plus two monthly payments of$1835.00.
Defendant has paid, in total, $18,670.00. Defendant did not complete payments within one year
of the execution of the first Settlement Agreement.
8. The County filed a Motion to Enforce Settlement Agreement in Circuit Court on
December 30, 2022.
9. The parties agree to a total settlement amount of$40,000.00. Since Defendant has
already paid $18,670.00, Defendant agrees to pay an additional $21,330.00.
10. Defendant agrees to pay the $21,330.00, in full, within 15 days of this Second
Settlement Agreement. Payment shall be made to:Monroe County Code Compliance,Attn:Nicole
Petrick, 2798 Overseas Highway, Marathon, FL 33050.
11. Once the full outstanding payment is received, the County agrees, within 30 days,
to:
a. Issue a release and satisfaction of the ten (10) liens recorded for the code cases
listed in Paragraph 1. The ten liens are recorded in the Official Records of
Monroe County, Book 2833, Pages 1545-1564.
b. Issue a release of the Lis Pendens, recorded in the Official Records of Monroe
County, Book 2926, Pages 2330-233 1.
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c. Withdraw the County's Motion to Enforce Settlement Agreement.
12. The Court shall retain jurisdiction to enforce compliance with the terms set forth in
this Second Settlement Agreement.
Section I -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 Second 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.
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 16"' Judicial Circuit in and for Monroe County,
Florida.
Section 5 - Binding Effect. It is agreed and understood that this Second Settlement
Agreement shall be and is forever binding upon the parties, including their successors-in-interest.
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Section 6 - Construction of Agreement; Divisions and Headings. 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, Partial Invalidity, Severability, 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 8 - 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 par-ties except to the extent that it has been specifically and expressly memorialized
in this Agreement.
Section 9 - Non-Reliance by Third-Parties. No non-signatory person(s) or entity(ics)
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 benefits)from any conditions,
provisions, or terms hereunder.
Section 10 - Execution in Counterparts. The parties acknowledge and agree that this
Second Settlement Agreement maybe executed in one or more counterparts,each counterpart shall
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be considered an original portion of this Agreement, and all of which shall constitute a single
instrument.
Section 11 - Scrivener's Errors. The Mon-roe 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.
ignature
Printed Name
Representative for Coher and Coher Invest Co., Ltd.
Date
STATE OF A:101-116�j COUNTY OF
The tbregoing SeCo1j(I Settlement Agreement, was ticknowledged and attested before me this
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day of /-)-�11 /- -,
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me or produced as proof of identification and did take an oath.
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LWAEOWO-AWRM Notary Public (PrinVName)
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Notary Public Seal Notary Public (Sign t ire)
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Digitally signed by Robert B.Shillinger
Robert B. Shillinger ou CouRobert B.Shillinger,o=6.O C C of Monroe County,y-f
ou=County Attorney,email=Shillinger-bob@monroecounty-fl.gov,
c=US
Date:2023.02.1511:30:32-05'00'
Robert Shillinger Date
Monroe County Attorney
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