Item O05BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 20, 2006
Bulk Item: Yes xx No
Division: County Attorney
Department: County Attorney
Staff Contact Person: Bob Shillinger x3470
AGENDA ITEM WORDING: Approval of settlement agreement in Monroe County v. Dorothy
Hoygh.et al. CA K 05-667.
ITEM BACKGROUND:
After several proposals and counter -proposals, staff has negotiated a settlement agreement in the above -
referenced action to collect an unpaid code enforcement fine. Under the agreement, the defendants
would pay the County $15,000.00 to satisfy both the fines and the County's costs and attorney's fees.
Those funds have been received and are being held pending approval of the agreement by the Board.
The County obtained a code enforcement lien against the Key Largo property owned by Mrs. Hough
and her two adult children. The lien was imposed after her son built a garage in the setbacks without
benefit of a permit. Since it took 3 '/Z years and legal action to bring about compliance, the Board has
rejected three previous offers to settle for lesser amounts. The lien had exceeded $61,000 when the
property was finally brought into compliance.
PREVIOUS RELEVANT BOCC ACTION:
On 9/17/03, the BOCC authorized collection action; on 9/28/05, the BOCC rejected the owner's offer
to settle for $2,500.00; on 1/18/06, the Board rejected the Defendants' offer to settle for $4,500; on
April 19, 2006, the Board rejected an offer to settle for $10,000.00.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: n/a
COST TO COUNTY: n/a
BUDGETED: Yes xxx
SOURCE OF FUNDS: n/a
REVENUE PRODUCING: Yes xx No AMOUNT PER MONTH n/a Year n/a
$15,000.00 one time payment.
APPROVED BY: County Atty xx OMB/Purchasing Risk Management
DIVISION DIRECTOR APPROVAL:
anne A.I dion,�County'%te6y
DOCUMENTATION: Included xx Not Required
DISPOSITION;
Revised 2/05
AGENDA ITEM #
IN THE COUNTY COURT OF THE 1eH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
CIVIL DIVISION
Monroe County,
Case No.: CAP-05-160
Plaintiff,
V. Judge Luis M. Garcia
Dorothy F. Hough,
Dianne Hough and
Barry Hough,
Defendants.
SETTLEMENT AGREEMENT
The Plaintiff Board of County Commissioners of Monroe County
(hereinafter ("the County") and the Defendants Dorothy Hough, Dianne Hough,
and Barry Hough, (hereinafter the "Houghs") hereby agree to settle the above -
styled matter as follows:
WHEREAS, the County brought this action to enforce an unpaid code
enforcement lien filed against the Houghs and their property located at 47
Cormorant Drive, Key Largo, Florida, having a legal description of Lot 23, Block
13, Section 01, Township 61, Range 39, Sexton Cove Estates, Key Largo,
Florida, (RE #: 00532701-038600), (hereinafter referred to as "the property"). as
a result of violations found to exist by the Code Enforcement Special Master in
case number U 1-02-840 570; and
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WHEREAS, said lien was imposed to secure a daily fine of $50.00 per day
which commenced running on May 14, 2002 and continued until the property was
brought into compliance on or about October 1, 2005; and
WHEREAS, the County's lien against the property, as of October 1, 2005,
had reached $61,900.00 plus costs and attorneys fees; and
WHEREAS, the parties desire to resolve their differences amicably and
buy peace in this matter; and
WHEREAS, as a sign of good faith, the Defendants, through counsel,
have tendered a trust account check in the amount of $15,000.00 to the County
Attorney's Office;
NOW THEREFORE, the parties agree as follows:
The Defendants have submitted a trust account check in the sum of
fifteen thousand dollars ($15,000.00) representing the total sum
due from the Defendants to the County for the fine, costs, and
attorneys fees owed to the County as a result of the above -styled
action.
2. The funds mentioned in paragraph one are currently being held in
trust by the County Attorney's office until this agreement is
approved by all parties at which time they will become the funds of
Monroe County.
3. By entering into this agreement, each party agrees to waive any
and all claims capable of being raised as a result of the underlying
code enforcement case and/or the above -captioned matter.
4. Both parties warrant that they have had an opportunity to consult
with counsel before entering into this agreement.
5. Each party agrees to bear its own costs and attorney's fees other
than as specified in this agreement.
6. This three -page, written agreement contains the entire agreement
of the parties.
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7. After execution of this agreement by the Defendants, it shall be
presented to the Board of County Commissioners at a public
meeting of that body for consideration.
8. Within 10 days execution of the Settlement Agreement by the
Mayor, the County shall enter a voluntary dismissal of the above -
captioned matter with prejudice.
ATTEST:
DANNY L. KOLHAGE
CLERK:
By:
Deputy Clerk
Notary Public
Notary Public
Notary Public
BOARD OF COUNTY COMISSIONERS
OF MONROE COUNTY, Plaintiff
By:
Charles "Sonny" McCoy, Mayor
Dated
Dorothy F. Hough, Defendant.
Dianne Hough, Defendant.
Barry Hough, Defendant.
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