Item O5
** REVISED **
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 16, 2008
Division: County Attomev
Bulk Item: Yes XX No
Staff Contact Person: Cynthia L. Hall
AGENDA ITEM WORDING:
Approval of Settlement Agreement with Captain Cross Bones Raw Bar & Grill, Inc" Inc, c/o Teny
Croushore, Registered Agent in Code Enforcement Case CE06040 I 00,
ITEM BACKGROUND:
On April 25, 2006, Captain Cross Bones Raw Bar & Grill, Inc. was cited for violation of Monroe
County Code Section 9.5-111(1), permit is required for any new construction to include but not limited
to, new sign with change of copy and Monroe County Code Section 9.5-403(b)(9), portable signs are
prohibited. Remove and discontinue use of sandwich board sign in front of the business. The case was
brought before the Special Magistrate on September 28, 2006, at which time Captain Cross Bones Raw
Bar & Grill, Inc. was still not in compliance. The Special Magistrate set compliance for October 12,
2006, after which a fine would begin to run in the amount of$150.00 per day for Code Section 9.5-111(1)
and $250.00 per day for Code Section 9.5-403(b)(9). The fines as of December 27, 2007, amount to
$176,218.50. The property is now compliant. Staff is recommending settlement for a very low amount
($118.50) in light of (a) property owner's cooperation once he understood the sign ordinance, (b) low level
of County time in the case, and (c) financial situation of the property owner.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST:
COST TO COUNTY:
BUDGETED: Yes No
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes ~~ AMOUNT PER MONTH Year
APPROVED BY: County Arty ~ OMB/Purchasing _ Risk Management _ - -
DOCUMENTATION: Included --1L- Not Required
DISPOSITION: AGENDA ITEM # 0-5
BEFORE THE CODE ENFORCEMENT SPECIAL MASTER
OF MONROE COUNTY, FLORIDA
THE HONORABLE LARRY SARTIN, PRESIDING
MONROE COUNTY, FLORIDA
Petitioner,
VS.
CASE NO.: CE06040100
CAPTAIN CROSS BONES RAW BAR &
GRILL, INC., and TERRY CROUSHORE,
Respondents.
I
SETTLEMENT AGREEMENT
The Board of County Commissioners of Monroe County and Captain Cross Bones
Raw Bar & Grill, Inc. and Terry Croushore, Respondents, hereby agree to settle the code
enforcement lien imposed in the above-referenced case by the Special Master against
property owned by the Respondent for a total of $118.50.
The property in question has a legal description of BK 1, L T 6, SUMMERLAND KEY
COVE AMD, SUMMERLAND KEY, MONROE COUNTY, FLORIDA, (RE#: 00188950-
000000). The lien was recorded at Book 2261, Page 1586, and a corrected lien was
recorded at Book 2292, page 2334, of the Office Records of Monroe County.
The Respondent shall remit cash, money order or check in the amount of $118.50
made payable to the Board of County Commissioners. The County will hold the check
uncashed until approval of the settlement terms by the Monroe County Board of County _
Commissioners, at which point the County will cash the check.
Within 30 days of clearance of the last check, the County shall provide to
Respondent a release and satisfaction of said lien, which the Respondent shall record in
the Official 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 shall bear its own costs and attorney's fees other than as specified in
this agreement.
(SEAL)
Attest: DANNY L.KOlHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairperson
Dated
CAPTAIN CROSS BONES RAW BAR
& GRill, INC.
'~~ ~
T~rry ore, Register~gent
1-t'-t'K" (date)
fI!!o' JOANN SAUNDER8
l \ HoIary Public. _ 01 ,_
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 16. 2008
Division: County Attorney
Bulk Item: Yes XX No
Staff Contact Person: Cynthia L. Hall
AGENDA ITEM WORDING:
Approval of Settlement Agreement with Captain Cross Bones Raw Bar & Grill, Inc., Inc. c/o Terry
Croushore, Registered Agent in Code Enforcement Case CE06040 100.
ITEM BACKGROUND:
On April 25, 2006, Captain Cross Bones Raw Bar & Grill, Inc. was cited for violation of Monroe
County Code Section 9.5-111(1), permit is required for any new construction to include but not limited
to, new sign with change of copy and Monroe County Code Section 9.5-403(b)(9), portable signs are
prohibited. Remove and discontinue use of sandwich board sign in front of the business. The case was
brought before the Special Magistrate on September 28, 2006, at which time Captain Cross Bones Raw
Bar & Grill, Inc. was still not in compliance. The Special Magistrate set compliance for October 12,
2006, after which a fme would begin to run in the amount of$150.00 per day for Code Section 9.5-111(1)
and $250.00 per day for Code Section 9.5-403(b)(9). The fines as of December 27, 2007, amount to
$176,218.50. The property is now compliant. Staff is recommending settlement for a vel)' low amount
($118.50) in light of (a) property owner's cooperation once he understood the sign ordinance, (b) low level
of County time in the case, and (c) financial situation of the property owner.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST:
COST TO COUNTY:
BUDGETED: Yes No
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes ~V\ AMOUNT PER MONTH Year
APPROVED BY: County Atty -f ~MB/PUICba'ing _ Risk Management _ - -
DOCUMENT A TION: Included x Not Required_
DISPOSITION: AGENDA ITEM #
BEFORE THE CODE ENFORCEMENT SPECiAL MASTER
OF MONROE COUNTY, FLORIDA
THE HONORABLE LARRY SARTIN, PRESIDING
MONROE COUNTY, FLORIDA
Petitioner,
vs.
CASE NO,: CE06040100
CAPTAIN CROSS BONES RAW BAR &
GRill, INC., and TERRY CROUSHORE,
Respondents.
I
SETTLEMENT AGREEMENT
The Board of County Commissioners of Monroe County and Captain Cross Bones
Raw Bar & Grill, Inc. and Terry Croushore, Respondents, hereby agree to settle the code
enforcement lien imposed in the above-referenced case by the Special Master against
property owned by the Respondent for a total of $118.50.
The property in question has a legal description of BK 1, L T 6, SUMMERLAND KEY
COVE AMD, SUMMERLAND KEY, MONROE COUNTY, FLORIDA, (RE#: 00188950-
000000). The lien was recorded at Book 2261, Page 1586, and a corrected lien was
recorded at Book 2292, page 2334, of the Office Records of Monroe County.
The Respondent shall remit cash, money order or check in the amount of $118.50
made payable to the Board of County Commissioners. The County will hold the check
uncashed until approval of the settlement terms by the Monroe County Board of County
Commissioners, at which point the County will cash the check.
Within 30 days of clearance of the last check, the County shall provide to
Respondent a release and satisfaction of said lien, which the Respondent shall record in
the Official 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 shall bear its own costs and attorney's fees other than as specified in
this agreement.
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairperson
Dated
CAPTAIN CROSS BONES RAW BAR
& GRILL, INC.
Notary Public
Terry Croushore, Registered Agent
(date)
MONPn
APi.
! 'TORNEY
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