Item P10BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Tune 1.8, 2008 Division: County Attorney
Bulk Item: Yes xxx No Staff Contact Person: Cynthia L. Hall x3470
AGENDA ITEM WORDING: Approve the Settlement Agreement Between Monroe County Code
Enforcement and John A. Tuckus, Ann C. Tuckus, and John A. Tuckus, III.
ITEM BACKGROUND: On January 5, 2007, John A. Tuckus, III was cited for violation of Monroe
County Code Section 19-129(a), a cozntnercial vehicle being stored on the property which is residential
and Monroe County Code Section 8-17(a), trash and debris locatedon the left hand side of the property
and in the back side of the property. The case was brought before the Special Magistrate on March 29,
2007, at which time Mr. Tuckus was still not in compliance. The Special Magistrate set compliance for
April 19, 2007, after which a fine would begin to run in the amount of $250.00 per count per day. Mr.
Tuckus was compliant on May 31, 2007, as of that date fines were $9,100,00. In March 2008, Mr. Tuckus
proposed a settlement whereby he would pay $928.50 to settle the case. Mr. Tuckus has paid that amount
and is asking for the Board of County Commissioners to approve the settlement.
PREVIOUS RELEVANT BOCC ACTION:
None
CONTRACT/AGREEMENT CHANGES:
NIA
STAFF RECOMMENDATIONS: Approval. Staff is recommending settlement even though the
settlement is less than 25% of the accrued fines because Mr. Tuckus paid his money prior to the April
2008 resolution.
TOTAL COST:
COST TO COUNTY:
BUDGETED: Yes _ No
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes x N AMOUNT PER MONTH Year $928.50
APPROVED BY: County Atty C OMB/Purchasing Risk Management
DOCUMENTATION: Included x Not Required
DISPOSITION: AGENDA ITEM #
BEFORE THE CODE ENFORCEMENT SPECIAL MASTER
OF MONROE COUNTY, FLORIDA
MONROE COUNTY, FLORIDA
Petitioner,
VS.
JOHN A. TUCKUS, ANN C. TUCKUS,
And JOHN A. TUCKUS, Ill,
Respondents.
1
CASE NOS.: U8-02-400
CE07010057
SETTLEMENT AGREEMENT
The Board of County Commissioners of Monroe County and John A. Tuckus, Ann
C. Tuckus and John A. Tuckus, III, Respondents, hereby agree to settle the code
enforcement liens imposed in the above -referenced cases by the Special Master against
property owned by the Respondent(s) for a total of $928.50.
The property in question has a legal description of Lot 18, Block 8, Key Largo
Mobile Homesites Plat 3, Key Largo, Monroe County, Florida (RE: 00564146-000800).
The lien was recorded at Book 1890, Page 1818 and Book 2308, Page 918, respectively,
of the Office Records of Monroe County.
The Respondents shall remit cash, money order or check in three installments over
the course of three months, the first being in the amount of $300.00, the second in the
amount of $300.00 and the third and final payment in the amount of $328.50, made
payable to the Monroe County Board of County Commissioners. The first installment
must be received by this office by no later than March 1, 2008, and the last installment
must be received by this office by no later than May 1, 2008. This office will submit the
Settlement Agreement to the Board of County Commissioners for approval at the next
meeting following receipt of the last check. The County will hold the checks encashed until
approval of the settlement terms by the Monroe County Board of County Commissioners,
at which time the County will cash the checks or deposit the funds.
Within 30 days of clearance of the check, the County shall provide to Respondent a
release and satisfaction of said lien, which the Respondents shall record in the Officiai
Records of Monroe County.
By entering into this agreement, any and all claims arising out of the above -
captioned code enforcement case shall be satisfied and concluded.
Each party shad bear its own costs and attorney's fees other than as specified in
this agreement.
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
Deputy Clerk
Dated
Notary Public
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairperson
RESPONDENT, JOHN A TUCKUS, JR.
By , 4
ate
RESPONDENT, ANN C. TUCKUS
By�/!
(date)
RESPONDENT, JOHN A. TUCKUS, Ill
By 5~2
(date)
STATE OF FLORIDA
COUNTY OF MONROE
TO AND SUBSCRIBED before this day of
2008, by John A. Tuckus, Jr., who is personally known t me or who h produced
20 p ? �or�ccf r4trrticeseas identification. -ReVence- k cGse luvj : U, 8--02-900
cl� 070/0057
ova "E oRriz
MY COMMISSION # DD 406290
tee` EXPIRES; March 17, 2009
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SEAL �Rr,}4` Sonde6ihruNQraryPu6l1cUndanvdtera
NoY Public — state of Florida }
STATE OF FLORIDA .
COUNTY OF MONROE
' . O AND SUBSCRIBED before this 01 day of 0(q F ,
200A by Ann C. Tuckus, who is personally known to or who has pro used
0.
�- '- as identification. ( renz , CcEsc yc',�g--Oa-�loo
Flo n ei Doi✓� Llc en 5 [ i ,f% / /— a 7D) SOS 7
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My COMMISSION # 00 408290
SEAL �xPiA�s: Match 17.2009
�e, BondedThruNotaryAuhtwUndewnteis
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STATE OF FLORIDA
COUNTY OF MONROE
is - Stae of Fl
o
rida
SWORN TO AND SUBSCRIBED before this':'A day of `�
2008, by John A. Tuckus, I II., who is personally known to me or who has produced
y ioc c�G a� c, akw\ as identification.
..
GUSTAVO L. MELENDEZ
NOW PUiC - State of Florida
(0B=WTftuPNaWna1N0WyASm.
C ExPes MaY 6. 2012Ca Mftion # AD 785951
Notary PLt - State of Florida
SEAL
MONROE COUNTY ATTORNEY
AP ROVEDAS T FO
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YNT 1A ALL
Date ASSIS NT COUNTY ATTORNEY
DO
COG? DOG 43 2a:10900 L08683?7,10 . 2884