Item Q05
BOARD OF COr~TY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 19, 2006
Di vision: County Att()rl1.~Y
Bulk Item: Yes XX "Jo
Staff Contact Person: Pedro l\'jercado
AGENDA ITEl\l WORDING:
Approval of Settlement Agreement in code enforcement lien case of Monroe County v, Riviaa Drive
Inn Ihealre. file.
ITEM BACKGROUND'
The subject property in this code violation case is a rental property owned by Rivera Drive Inn Theatre,
Inc, Roger Hernstein, registered agent The property was cited for violation of Sec, 9,5-11 [ for
erecting a fence \vithout a pennit. The property was found in violation and brought into compliance
when the fence was ultimately demolished, This case dates back to 2001 and the fine totals $92500,
The recorded case history is sparse, therefore staff recommends settling this case for $] 00,00,
PREVIOUS RELEVANT ROCC ACTION:
None.
CONTRACT/AGRF:EMFNT CHANGF.S:
N/A
STAFF RECO\t'\1 ENDATlONS:
Approval
TOTAL COST: N/A
BUDGETED: Yes
No
COST TO COUNTY: N/A
SOURCE OF FUNDS:
REVENUE PROOt:CING: Yes XX ~o
A~IOUNT PER MO~TH
APPROVED BY: County Atty _ O.MB/Purchasing _, Risk Management__
~ -- j 1/#
DIVISION DIRECTOR APPROVAL: (;r-/LtI'(//li~_, ) ~ if, _____,_
('~;::StT )\NNE A HUTTON, n)(~~/ ATTOR.:'\IEY
DOCUMENTATION: Included XX Not Required_
DISPOSITION:
AGENDA ITEM #
Re,ised 2/05
REFORE THE CODE EN FORCE\'lENT SPEGAL l\t\$TER
OF MONROE. COUNTY, fLORID,,,"
The Honorable J. Jefferson Overby, Presiding
MONROE COLNTY, FLORIDA
\'s.
Petitioner,
CASE NO.: L5~Ol~J023
RIVIERA DRIVE INN THEATRE, INC.
and ROGER BERNSTEIN,
REGISTERED AGENT.
Respondent
I
SETTLEMENT AGREEMENT
The Petitioner, Board of County Commissioners of Monroe County and Riviera Drive Inn
Theatre. rne and Roger Bernstein. registered agent Respondent. hereby agree to settle the code
cnforcctm;n! lien lJnposed in the above-referenced case by the SpeCial Master against property owned by
the Respondent as follows:
The parties agree to settle the code enforcement lien for $1 OOO(L
'1
L,
The property in question has a legal description of LOT S BLOCK D. LINCOLN
GARDENS #2, STOCK ISLAND, MONROE COUNTY, fLORIDA (RE#:OOI2R750-
000000),
~
-' ,
Upon approval of this agreement by the Board of County' Conunissioners, the
Respondent shall rem it a check in the amou fit of $100,00 made payab Ie tu the Board of
Calmty Commissioners,
<1-
Once the aforementioned eheek has cleared, the County w1l1 Issue to the Respondent a
release and satIsfaction of said lien for filrng by the Respondent in the Official Records of
Monroe County.
5,
The County will file a copy of the release and satisfaction in the offiCial Code
Enforcement file.
6.
B~ entenng into this agreement, the each party agrees to waIve any and all claims that it
could have raised and/or potential claims that it might have been able' to raise as a result
of the above-captioned code enforcement case,
7
Both parties warrant that the') have had an opportunil~" to consult with counsel before
entering into this agreement,
Ii
Each pmty agrees to bear its own costs and attorney' s fees other than a:, spcci fled III this
agreement,
A,TTEST:
DANNY L. KOLHA<;E
CLERK:
By:
Deputy Clerk
---..- --
Notary Public - State of Florida
My Commission Expires:
(Seal)
This document was approved as to form by:
'...,V"
i >' (!7
, , I
t. -(., ' .."...,~
Pedro J. Mercado, ~q
Assistant County Attorney
Florida Bar No,: {jOS 4050
P 0, Box 102fi
Key \\rest, FL 33041-1026
(305) 292-3470
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GOARD OF COUNTY CO\lISSIOI\iERS
OF MONROE COUNTY
By:
Charles "Sonny" McCoy, Mayor
Dated,
, Respondent
By:
Dated:
'{Ie; /d