08/21/2024 Settlement Agreement 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
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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
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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.
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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 I - 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
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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 16 th 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
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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]
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Signed:
Estate of Lily K. Marks: Monroe County Board of County
Commissioners:
Digitally signed by Cynthia L.Hall
DN:cnmCynthia L.Hall,omMonroe
�^ '` County BOCC,ou,emailmhall-
cynthia@monroecou
cmUS
Date:2024.08.21 15:18:33-04'00'
By: 4 y:
Dr. WilliaVepresentative
arks, in his capacity as Cynthia L. Hall
Personal of the Estate of Sr. Assistant County Attorney
Lily K. Marks, deceased Monroe County Attorney's Office
1111 12t" St. Suite 408
, Key West, FL 33040
Date: Date: 8-21-2024
Form and legal sufficiency approved for
the Estate of Lily K. Marks by: -
Ross M. John4ft, tsq. FBN 747270
Counsel for Nfendant
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