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Item O03 03 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting August 21, 2024 Agenda Item Number: 03 2023-2728 BULK ITEM: No DEPARTMENT: County Attorney TIME APPROXIMATE: STAFF CONTACT: Cynthia Hall N/A AGENDA ITEM WORDING: Approval of settlement agreement in the case of Board of County Commissioners of Monroe County, Florida v. the Estate of Lily K. Marks, Deceased, et al., 16th Circuit Court Case No. 19-CA-451-K and authorization for Senior Assistant County Attorney Cynthia Hall to sign all necessary documents. ITEM BACKGROUND: Monroe County filed a lien foreclosure action against the Estate of Lily Marks to foreclose on two prior code enforcement final orders. The Estate is represented by her brother, Dr. William Marks. The County has reached a tentative settlement with the Estate, whereby the Estate would pay $90,000 for full settlement of all accrued code enforcement fines and costs in return for full settlement of the lien foreclosure civil litigation as well as the code compliance cases. PREVIOUS RELEVANT BOCC ACTION: On 07/17/24 the BOCC approved holding a closed session at the regular BOCC meeting on 08/21/24 in Key West at 9:00 a.m. or as soon thereafter as may be heard. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approve. DOCUMENTATION: Settlement Agt signed.pdf Signed Addendum.pdf 2284 FINANCIAL IMPACT: 2285 IN THE CIRCUIT COURT FOR THE SIXTEENTH JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, Plaintiff, CASE NO.: 2019-CA-451-K vs. ROBERT MEDFORD, in his capacity as Personal Representative of the Estate of Lily K. Marks, deceased, Defendant. SETTLEMENT AGREEMENT The Board of County Commissioners of Monroe County and Dr. William Marks, in his capacity as Personal Representative of the Estate of Lily K. Marks, the property owner ("Property Owner") (collectively hereinafter, the "Parties"), hereby agree to settle the above-referenced lawsuit regarding the existing code enforcement liens imposed by the Special Magistrate regarding real property located at 21731 Asturias Road, Cudjoe Key, Florida ("Subject Property") on the following terms: 1. The Estate of Lily Marks is the owner of the Subject Property ("Property Owner"). 2. Ms. Lily Marks passed away on April 25, 2015. On or about March 26, 2018, Robert Medford, acting as the then-personal representative for the Estate of Lily Marks, filed a Petition for Formal Administration in the Circuit Court for the Sixteenth Judicial Circuit in Florida, Case No. 18-CP-89-K ('Probate Action"). On March 29, 2019, Monroe County filed a claim for the unpaid code enforcement fines in the Probate Action. On February 26, 2022, Dr. William Marks filed a Petition for Substitution of Personal 2286 Representative in the Probate Action. An Agreed Order approving the removal of Robert Medford and appointment of Dr. William Marks as successor Personal Representative was issued by the Court in the Probate Action on March 17, 2022. Dr. Marks has the requisite authority to settle the instant litigation by virtue of the Order appointing Dr. Marks as the successor Personal Representative. 3. The County brought code enforcement case number 00-W-0029 in 2000 against the property located at 21731 Asturias Road, Cudjoe Key, Florida, (RE 00115510-000800) ("the Property"). The Order Imposing Penalty/Lien ("Final Order") was recorded on August 8, 2000, at Book 1647, Page 1042. 4. The County brought Code Enforcement Case L1-03-747/CE03040219, in 2003. The Order Imposing Penalty/Lien ("Final Order") was recorded on July 17, 2003, at Book 1909, Page 139 and re-recorded on December 11, 2013, at Book 2662, Page 1362, 5. Monroe County filed the instant action on May 15, 2019, to enforce compliance and for payment of the Code Compliance liens as to both Final Orders. 6- Compliance on all violations covered by the two Final Orders was achieved on December 1, 2022. 7. As of May 22, 2023, total fines covered by the two Final Orders was $5,612,403.80. However, in early 2023, the Personal Representative filed a petition with the Code Compliance Special Magistrate, requesting mitigation of the fines, and on May 22, 2023, the Special Magistrate issued a new Order Imposing Fine as to both code cases, reducing the fines covered by both Final Orders to $180,000.00 provided the fines were paid within thirty (30) calendar days from the date of the new order. The reduced 2 2287 fines have not yet been paid, but the Property Owner has been granted extensions of time to pay, which have not yet expired. 8. Plaintiff Monroe County Board of County Commissioners and the Property Owner desire to settle this litigation, and desire to resolve all issues between them, including Monroe County's claim in the Probate Action and any and all outstanding code compliance issues between them. 9. This settlement agreement ("Settlement Agreement") shall take effect upon execution by both Parties, and is contingent on the closing of the sale of the Property to Mark Julien and Heather Lyn Penn set to close in September, 2024. 10. The Parties agree to a settlement amount as follows: Ninety-thousand dollars ($90,000.00), inclusive of administrative costs from the Code Compliance Department ("Settlement Amount"). Property Owner agrees to pay the Settlement Amount in full within sixty (60) calendar days from the date of execution of this Settlement Agreement by both Parties. Payment shall be made to: Monroe County Code Compliance, Attn: Nicole Petrick, 2798 Overseas Highway, Marathon, FL 33050. 11. Once the Settlement Amount is received in full, within fourteen (14) calendar days thereafter, Monroe County shall: a. File a Notice of Voluntary Dismissal with the Court in the instant matter, reserving jurisdiction to enforce the terms of the Settlement Agreement; b. File a release and satisfaction of the underlying code enforcement liens in the Official Records of Monroe County; and c. Issue a release of the lis pendens recorded in the Official Records of Monroe County at Book 2964, Page 1116 on May 15, 2019. 3 2288 12. Once the above steps have been taken, the Parties agree that each shall take such steps as are necessary to advise the Court in the Probate Action that the County's claim has been paid in full. 13. The Court shall retain jurisdiction in this action to enforce compliance with the terms set forth in this Settlement Agreement. 14. Each party agrees to bear its own attorneys' fees and costs associated with this action. 15. Each signatory to this Settlement Agreement represents and warrants that it is fully authorized to enter into this agreement on behalf of its respective party. 16. The following recitals are true and correct and hereby incorporated in this Settlement Agreement as if fully set forth herein: Section 1 - Settlement. The parties have entered into this Settlement Agreement knowingly, freely, and voluntarily, having determined that they have adequate information upon which to make informed decisions and having decided that it is in their best interests to amicably resolve this action. a. Neither party is under coercion or duress. Neither has been forced into this Agreement or threatened in any way. b. Neither party knows of any fact or circumstance, which would cause this Agreement to be void or unenforceable. Section 2 - Good Faith. These settlement negotiations have been undertaken by the parties in good faith. Section 3 - Choice of Law; Governing Law; Jurisdiction; Venue. This Agreement is not subject to arbitration and shall be governed by, and construed 4 2289 and enforced in accordance with, the laws of the State of Florida, and venue for all claims, controversies, or disputes relating to this Agreement shall be in the Circuit Court of the 16th Judicial Circuit in and for Monroe County, Florida, Section 4 - Binding Effect. It is agreed and understood that this Settlement Agreement shall be and is forever binding upon the parties, including their successors-in-interest. Section 5 -Construction of Agreement; Divisions and Headings. Captions and paragraph headings, where used herein, are inserted for convenience only and are not intended to descriptively limit the scope and intent of the particular paragraph or text to which they refer. Section 6 - Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If any condition, provision, reservation, restriction, right, or term of this Agreement, or any portion(s) thereof, is/are held to be invalid or unenforceable by any administrative hearing officer or by a court of competent jurisdiction, the invalidity or unenforceability of such condition, provision, reservation, restriction, right, or term, or any portion(s) thereof, shall neither limit nor impair the operation, enforceability, or validity of any other condition, provision, reservation, restriction, right, term, or any remaining portion(s) thereof. All such other conditions, provisions, reservations, restrictions, rights, terms, and remaining portion(s) thereof shall continue unimpaired in full force and effect. Section 7 - Integration. This Settlement Agreement constitutes the entire Agreement and any representation or understanding of any kind preceding the date of the parties' written final approval of this Agreement not specifically and 5 2290 expressly memorialized herein is not binding on either of the parties except to the extent that it has been specifically and expressly memorialized in this Agreement, Section 8 - Non-Reliance by Third-Parties. No non-signatory person(s) or entity(ies) shall be entitled to rely upon any conditions, provisions, or terms of this Agreement to enforce or to attempt to enforce any third-party claim(s) or entitlement(s) to or benefit(s) from any conditions, provisions, or terms hereunder. Section 10 - Execution in Counterparts. The parties acknowledge and agree that this Settlement Agreement may be executed in one or more counterparts, each counterpart shall be considered an original portion of this Agreement, and all of which shall constitute a single instrument. Section 11 - Scrivener's Errors. The Monroe County Board of County Commissioners authorizes the Monroe County Attorney and counsel representing the Monroe County Attorney's Office in this matter to correct any scrivener's errors within this Agreement, prior to written execution of this Agreement on the County's behalf as authorized and approved by the Board of County Commissioners following a duly noticed public meeting of the Monroe County Board of County Commissioners at which this Settlement Agreement is considered. Section 12 - Effective Date. Once fully and finally executed by the Parties, this Agreement shall be considered legally effective and forever binding on the parties. [SIGNATURE PAGES FOLLOW] 6 2291 Signed: Estate of Lily K. Marks: Monroe County Board of County Commissioners: By: By: Dr. Vvilliarr� arks, in his capacity as Cynthia L. Hall Personal erpresentative of the Estate of Sr. Assistant County Attorney Lily K. Marks, deceased Monroe County Attorney's Office 1111 12 th St. Suite 408 A Key West, FL 33040 Date: Date: Form and legal sufficiency approved for the Estate of Lily K. Marks by: Ross M. John$&- , V-sq. FBN 747270 Counsel for Nfendant 7 2292 dotloop signature verification Addendum to ContractRealtom Addendum No.1 to the Contract with the Effective Date of between MARKS LILY K ESTATE C/O WILLIAM MARKS P/R (Seller) and Mark Julian Penn and Heather Lyn Penn (Buyer) concerning the property described as:21731 Asturias Rd,Cudjoe Key,FL 33042 20 66 28 CUDJOE KEY PT LOT 7 PARCEL II (the"Contract"). Seller and Buyer make the following terms and conditions part of the Contract: Buyer and Seller agree to change closing date to OOB 9/5/24. Buyer and Seller acknowledge the Legal description for the property being conveyed is 20 66 28 CUDJOE KEY PT LOT 7 PARCEL II n dotloop verified — 08/02/24 9:30 AM EDT Buyer: YQ3L-0AFS-13ACD-QDLA Date: �y dotloop verified Buyer: �� ojv�p � 08/02/249:37 AM EDT HZSA-W13CN-Q8CN-UT54 Date: Seller: Date: Os- 2,0 Seller: Y Date: ACSP-4 Rev 6/17 ©2017 Florida\Realtors® 2293