Item N08Meeting Date: March 20, 2008 Division: County Attorney
Bulk Item: Yes XX No Staff Contact Person: Cynthia L. Hall
AGENDA ITEM WORDING: Approval of the Settlement Agreement with Robert B. Carpenter, Code
Enforcement Case CE06060139 in the amount of $20,000.00.
ITEM BACKGROUND:
On July 16, : 2006, Robert B Carpenter was cited for violation of Monroe County Code Section 9.5-
317(A)(B) (FEMA Standards); 6.4(A)(C) (unsafe building); 6-41(A) (no certificate of occupancy
issued); 6.6-6(A) (violation Fire Safety Codes); and 9.5-111(1) (building permits required). The case
was brought before the Special Magistrate on July 27, 2007, at which time the property was still not in
compliance. The Special Magistrate set compliance for August 27, 2007, after which a fine would begin
to run in the amount of $250.00 per count per day. The Special Magistrate ordered the fines stayed as of
November 29, 2007. The fines as of August 24, 2008, amount to $122,618.50.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES:
NIA
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: BUDGETED: Yes —No _
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes x No AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included x Not Required
DISPOSITION: AGENDA ITEM #
WHEREAS:
.1. The property in question has a legal description of RE: 00217830-000100, Vacant
Lot 13, Pirates Road, Little Torch Key, Monroe County, Florida (the "Property"); and
2. On or about July 16, 2006, Monroe County filed the above -referenced Code. —
Enforcement case against the property owner (Robert B. Carpenter) regarding the Property, in
which the allegations were that the property owner violated the following sections of the Monroe
County Code: 9.5-317(A)(B) (FEMA standards); 6.4(A)(C) (unsafe building); 6-41(A) (no certificate
of occupancy issued); 6.6-6(A) (violation Fire Safety Codes); and 9.5-111(1) (building permits
required); and
3. On 7/27/07, the Special Magistrate found the Property in violation as alleged and
imposed fines in the amount of $250 per day per count to begin running on August 23, 2007 if not
corrected prior to that: time; and
4. Fines ran from 8/24/08 to 11/29/07, or for 93 days, for a total of $122,500, plus an
administrative cost imposed in the amount of $100 and a recordation fee in the amount of $18.50,
for a total of $122,618.50; and
5. On 11/29/07, the Special Magistrate ordered the fines stayed as of that date; and
6. The order imposing the fines constitutes a lien on the Property pursuant to Section
162.09(6), Florida Statutes; and
7. The current property owner, through his wife Lynn Carpenter, has represented that
he is in the process of selling the Property; and
8. The buyers (Thomas and Robin Mizwa) have expressed an interest in settling the
accrued fines in this matter as part of the sale and purchase of the Property;
9. The County is interested in assisting Robert B. Carpenter ("Seller") and Thomas and
Robin Mizwa ("Buyers") (collectively, "Respondents") in correcting the Code violations and
resolving the Code Enforcement case.
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. The Board of County Commissioners of Monroe County has offered to accept and
Buyers have agreed,to pay $20,000.00 (the "Settlement Amount") in full and final settlement of any
fines imposed by the Special Magistrate in this matter up to and including the date of execution of
this agreement, contingent on payment within the time frame expressed in paragraphs (3) and (4)
below.
2. The Settlement Amount will be paid out of the proceeds of the sale of the Property
from Seller to Buyers. 4
3. Said sale is scheduled to be completed on or about February 22, 2008.
4. If for any reason said sale is not completed by February 26, 2008, and/or if the
Settlement Amount is not paid to the County as part of the closing, then this agreement is null and
void, and the full amount of the outstanding fines and costs listed above remains due and owing.
5. Respondents understand that the payment of the accrued penalties does not
resolve the Code violations on the Property. Upon payment of the Settlement Amount in
accordance with the terms and conditions stated above, the County agrees to dismiss Seller from
the Code Enforcement case, but the Code Enforcement case listed above continues against the
new Property owners and the Buyers have an obligation to correct the Code Violations existing on
the Property. The County agrees to give Buyers a maximum of four (4) months from the date of
this Agreement within which to correct the outstanding violations. Correction of the outstanding
Code violations will be reached when the Buyers pass final inspections on any and all demolition
and/or building necessary to correct the violations, and receive an Affidavit of Compliance from the
Code Enforcement Inspector on the case. dote: The Property owners have the responsibility for
(a) obtaining and paying for any and all necessary permits, (b) doing work using properly licensed
contractors, (c) calling for inspections, (d) contacting the Code Enforcement Inspector and .
arranging for a compliance inspection, and (e) complying with all other applicable State and local
laws. The County reserves the right to seek the imposition of further fines should the Code
violations not be corrected by that time.
6. The Respondents shall remit cash, money order or check in Settlement Amount
made payable to the Monroe County Board of County Commissioners, together with a signed and
notarized original of this settlement agreement. Following receipt of the settlement agreement and
the Settlement Amount, staff will present this settlement agreement to the Monroe County Board of
County Commissioners for approval at its next regularly scheduled meeting. The County will hold
the check uncashed until approval of the settlement terms by the Monroe County Board of County
Commissioners, at which time the County will cash the check or deposit the funds.
7. Within thirty (30) days of clearance of the check, the County shall provide to
Respondent a release and satisfaction of said lien, which the Buyers shall record in the Official
Records of Monroe County.
8. Each party shall near its own costs and attorneys' fees other than as specified in
this agreement.
(SEAL)
Attest: DANNY L.KOLNAGE, Clerk
By
Deputy Clerk
Dated
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairperson
BUYER
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Wdary Public LAC- C0 r IY (PRINT NAME) (date)
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Sue Schmitt
,Coatm �0343147
AUG, 02, 2C:'�a
Ao:.ded Thru
r[le Bond:ag Co., Inc.
BUYER
By P
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Notary Public
(PRINT NAME) (date)
SELLE
Notary Public (PRINT NAME) (date)
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L1C•3TATE OF FLORIDA
Patricia Haas
1Commission #DD671147
JUNE 22, 2011
9ED THRU AMMMC BONDING CO, INC,
MONROE COUNTY ATTORNEY
AP OVER AS TO FORM:
-C WTHIA L. ALL
ASSISTA T gOUNTY ATTORNEY
gate — 2— . W o V
First American Title Insurance Company
3132 Northside Drive, Suite 101, Building C
Key West, FL 33040
Phn - (305)296-2967
Fax - (866)291-8637
Monroe_ County Board of County Commissioners
ATTN., Cynthia Hall
1111 12th Avenue
Key West, FL 33040
Re: Case No.: CE06060139
Dear Ms. Hall
Enclosed you will find the original signed Settlement Agreement, together with our check in the amount
of $20,000.00. This check represents payment in full of the above referenced Code Enforcement case.
Also enclosed is a copy of the Stipulation to Code Violation and For Time to Comply for First Time
Offenses,
If you should have any questions or need anything further, please do not hesitate to contact our office.
Sincerely,
Pat Haas
Sr. Escrow Officer
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MAGISTRATE
Monroe County Code Enforcement
Petitioner
M
Case Number CE06060139
Respondent(s)
STIPULATION TO CODE VIOLATION AND FOR TIME TO COMPLY FOR
FIRST TIME OFFENSES
Thomas L and Robin E Mizwa (hereinafter referred to jointly and severally as
"Respondent(s)") and Monroe County Code Enforcement („Petitioner"), by and
through the undersigned individuals, hereby agree and stipulate to the following:
1. Respondent(s) agrees that I/we received the Notice of
Hearing issued in this case, and that a hearing is scheduled to be heard on that
date to determine whether the charges alleged in the Notice of Violation and
Notice of Hearing are accurate and supported by substantial evidence
("Hearing")
2. Respondent(s) agrees that the violation(s) exist as alleged in
the Notice of Violation which was served in this matter.
C:1Docurnents and Setdngs\Robin\Locai Setfings\Temporary Internet
Fi1esI0LKFF1Stipu1ation for Mizwa.doe
3. Respondent(s) understands that he/she could appear at the
Hearing and contest any evidence to be submitted by Code Enforcement.
However, by entering into this Stipulation, Respondent(s) understands and
agrees that:
(a) He/she need not appear at the Hearing, but instead, stipulates
to entry of the finding against Respondent(s); and
(b) Any evidence in the Code Enforcement file will be deemed the
record in the case; and
(c) He or she waives the right to appeal any finding of violation or
order that he or she would otherwise have under Section
162.11, Florida Statutes.
4. The parties agree that a further status/review hearing will be
held at 10:00 a.m. on June 26, 2008, to determine whether the property has
been brought into compliance. The property will be checked for compliance on
June 17, 2008.
5. The parties agree that the Special Magistrate may impose
costs of prosecution pursuant to Section 162.09(2)(d), Florida Statutes, and
Monroe County Code section 6.3-5.
6. The parties (a) agree to a fine of $250.00 per day per count
that shall accrue daily and may be imposed against the Respondent(s) and
recorded as a lien against the property and upon any other real or personal
property owned by the violator if the property is not brought into compliance
within the time specified in paragraph 4.
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7. The Respondent(s) understands that if the Respondent(s)
fails to comply within the time given, the fine shall accrue each day the violation
remains.
8. The parties understand and agree that the Respondent(s)
may revoke this Stipulation at any time prior to the Hearing by the Special
Magistrate in this case. Such revocation must be done in writing or done in
person when the Special Magistrate is hearing Respondent(s)'s case.
9. Respondent(s) agrees and represents that Respondent(s)
entered into this Stipulation of the Respondent(s)'s own free will. Respondent(s)
further understands and agrees that helshe has the right to consult with counsel
prior to signing this Stipulation, and has done so or has elected to waive this
right.
CADocu ents and SettingslR binlLocal SetangslTemporary Internet
FileslOLURStipulation for Ivlizwa.doe
By signing this Stipulation, both parties represent that they have READ,
UNDERSTOOD, AND CONSENT to its terms and conditions.
Signature of Respondents)/Date
C-;�Ialo
Print Name ,
Signature of Respondents)/Date
Signature of Petitioner(County)/®ate
06
Print Name AS 5 / S` -r- �0 u�r
Print Name
STATE OF
COUNTY OF
MONROE COUNTY ATTORNEY
A ROVE: D AS T FORM:
YNTHiA 1-. ALL
ASSiSTAPT �QUNTY ATTORNEY
'gate ------..,. y
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
7—A 4NF ce,S Q � d An .(� /'�f,/` e 01'-"Lwho, after first being sworn by me, affixed hi /her
�s Pon e-11fs :zZ/t
Signature (name of individual si ing) in the space provided above on this day of
d"t.t t 20 � ` �
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Comm;<.gion §DD343I47
AEG. 02, 2003
NOTARY PUBLIC '''� oF't� �''� 1c Bo d ig Co.,`�irE„�:�` .4iIaSIIte Sanding CInc,
My commission expires: Pf ct% 02 1 Z o 0 3
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