Item P09BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 21, 2008 Division: County Attorney
Bulk Item: Yes xx No Staff Contact Person- Bob Shillinger x3470
AGENDA ITEM WORDING:
Approval of settlement agreement in the matter of Barbara Eads v. Monroe County, CA P 03-117,
ITEM BACKGROUND:
Barbara Eads owns the historic Lowe House on Tavernier. In 2003, the Code Enforcement Special
Magistrate imposed a fine after the property had fallen into a state of disrepair. The owner appealed
that order to the Circuit Court. The settlement agreement would resolve that appeal and the fine
imposed in the underlying case.
Because the House had been designated a historic structure, the owner was not permitted to destroy it
and rebuild. Instead, she had to go through a more expensive and time consuming process of
restoration. By the time the certificate of occupancy had been issued, the owner had spent more that
$645,000.00 to restore the structure. Under the settlement agreement, the owner would pay a
$1000.00 fine to the County. This reduced fine was negotiated in recognition of the resources and
effort devoted to restoring the historic structure.
PREVIOUS RELEVANT BOCC ACTION:
None.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: none BUDGETED: n/a
COST TO COUNTY: none SOURCE OF FUNDS: n/a
REVENUE PRODUCING: Yes 1x No AMOUNT: $1000 one time only.
APPROVED BY: County Atty �! ' OMB/Purchasing Risk Management
DOCUMENTATION: Included xx Not Required
DISPOSITION:
Revised 2/05
AGENDA ITEM #
IN THE CIRCUIT COURT FOR THE SIXTEENTH JUDICIAL
CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA
CASE NO. CAP-43-117
►ice a� iW
Appellant,
VS.
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLORIDA,
Appellee.
SETTLEMENT AGREEMENT
Appellant BARBARA EADS and Appellee MONROE COUNTY, FLORIDA,
by and through their undersigned attorneys stipulate and agree to resolve the above
entitled cause based on the following
Recitals:
Whereas, on November 12, 1997, the subject property was designated as a historic and
cultural landmark; and
Whereas in a Memo dated April 24, 2002, the Building Official determined "the
building is a total loss and would require total removal of the existing structure"
and recommended the building be demolished; and
Whereas, in ordeto obtain a demolition permit EARS was required to apply to remove
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the historic designation; and
Whereas, on November 20, 2002, the Historical Preservation Commission denied
EAD's application to remove the historic designation in order to demolish the building; and
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Whereas, in January 2003, the Code Enforcement Special Master ordered EADS to
secure the property and either obtain a permit to demolish the building or repair it; and
Whereas FADS complied with the Special Master's order to secure the property; and
Whereas, due to the projected costs to renovate the structure and the recommendation of
the Building Official that the building should be demolished, EADS appealed the decision; and
Whereas, the Circuit Court affirmed the decision to deny the application to remove the
historic designation; and
Whereas, the COUNTY would not agree to resolve the code enforcement proceedings
and/or the running fines until a certificate of occupancy was issued; and
Whereas, before she could apply for a building permit EARS was required to find an
architect who was familiar with the renovation of historic structures; and
Whereas, on August 4, 2004, David Boerner, AIA submitted preliminary restoration
plans to the Building Department; and
Whereas, EADS applied for a building permit on November 2, 2005; and
Whereas the building permit was issued on January 4, 2006, and
Whereas on January 2006, a public hearing was held by the Monroe County Historical
Preservation Commission to consider Ead's application for a cerfificate of appropriateness to
complete the restoration of the building; and
Whereas on February 5, 2006, the Monroe County Historical Preservation Commission
issued a certificate of appropriateness; and
Whereas on Marc,. 5, 2006, Monroe County approved a variance to allow the structure
to be restored; and
Whereas, EADS spent in excess of $645,000 to restore and to renovate the building; and
Page 2 of 4
and
Whereas, a certificate of occupancy was issued by Monroe County on July 13, 2007;
Whereas the code enforcement fines began running on May 29, 2003 at the rate of $500
per day.
NOW THEREFORE, the parties agree as follows.
1. In consideration of the amount of money EARS spent to repair and to renovate
the Lowe House as a historical structure, MONROE COUNTY agrees to accept the sum of
$1,000 to satisfy and release all pending code enforcement penalties and fines related to the
subject property up to and including the date hereof;
2. Upon payment, MONROE COUNTY shall issue EADS a satisfaction of lien in
recordable form;
3. Within 15 days of execution of this agreement, EADS shall file a notice of
voluntarily dismissal of the above -styled appeal with the Circuit Court.
4. By entering into this agreement, the each party agrees to waive any and all
claims that it could have raised and/or potential claims that it might have been able to raise
against each other from the beginning of time until the execution of this agreement with respect
to the property at issue in this matter.
5. Except as provided herein, each party agrees to bear its own costs and attorney's
fees other than as specified in this agreement.
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W' ess (1 A-p e4 (? ,' 6� Barbara Eads, Appellant Date
Page 3 of 4
MI,uPuqCvc TY, Fl axim
For the Appellee,
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L.KOLHAGE, Clerk OF MONROE COUNTY,: FLORIDA
By By
Deputy Clerk Charles "Sonny" McCoy, Mayor
Dated
MONROE COUNTY. ATTORNEY
APPE=5i/ A$ TQFORM:
—!VB&T EWSHiLL1NGER, JR.
CHIEF ASjk..8T�ANT-JCOUNTY ATTORNEY
Date:
Page 4 of 4
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