Item U1 Liz Yongue
From: Ballard-Lindsey <Ballard-Lindsey@ Mon roeCounty-FL.Gov>
Sent: Tuesday, October 15, 2024 9:34 AM
To: Gomez-Krystal; County Commissioners and Aides; Kevin Madok; Senior Management
Team and Aides; Liz Yongue; InternalAudit
Cc: Shillinger-Bob; Williams-Jethon; Cioffari-Cheryl; Livengood-Kristen; Rubio-Suzanne;
Pam Radloff; County-Attorney; Allen-John; Danise Henriquez; Hurley-Christine; Rosch-
Mark; Gambuzza-Dina; Beyers-John; InternalAudit; Valcheva-Svilena
Subject: ADD-ON Item U1 10.16.2024 BOCC Meeting
Attachments: U1 ADD ON 10.16.2024 BOCC.pdf
Good morning,
Please be advised,we have added item U1 to the 10/16/2024 BOCC Meeting Agenda.
"County Attorney:Consideration of settlement offer in the matter of Stephen D. Martin as trustee, of the Colin Russell
Martin Revocable Trust v. Monroe County, 16t"Judicial Circuit Case No. 24-CA-517-P."
Agenda item summary and back-up are attached for your convenience.
Sincerely,
A-t e to Christine HurLe�, Covwt� Act odn, strator
-?,us�wess M,2n,29er- Acr o . nv stratCon
1100 Sintooton street, Sv to 2-205
K.e� west; FL :2,:2,04 0
(305)292--4-4-4�2, (o ffiCe)
(:2,05):2,9:2,--4-4-4 2 (ceLL Phone)
(305)292--4 5 4-4 (FaX)
Courier Stop #!
.4ov
www.vKovg,roeco�cwtU-A.�oy
Monroe County, Florida
"The Florida Keys"
"We may encounter many defeats, but we must not be defeated." 'Maya Angelou
PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM TTEE
COUNTY RE(�AR1DINC� COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON
REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT'TO PUBLIC DISCLOSURE.
1
0 Please consider the ervironrrmnt when
0cidideng whether to print this ema:aiL
2
U1
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
October 16, 2024
Agenda Item Number: U1
2023-3163
BULK ITEM: No DEPARTMENT: County Attorney
TIME APPROXIMATE: STAFF CONTACT: Anjelica Harden-Ivanoski
N/A
AGENDA ITEM WORDING: Consideration of settlement offer in the matter of Stephen D. Martin
as trustee, of the Colin Russell Martin Revocable Trust v. Monroe County, 16th Judicial Circuit Case
No. 24-CA-517-P.
ITEM BACKGROUND:
This is a declaratory action regarding property located at 62 SE Marlin Avenue, Key Largo, Florida, RE
00473340-000200.
The purpose of this agenda item is to convey and consider a settlement offer presented by counsel for
Smith Hawks. This settlement does not require a pay out from either the Plaintiff or the Defendant.
The settlement is non monetary in nature and the parties will pay their own attorney's fees.
PREVIOUS RELEVANT BOCC ACTION:
The BOCC held a closed session in this matter at the 10/18/2023 Board of County Commissioner
meeting.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Consideration of settlement offer.
DOCUMENTATION:
Martin Draft Agreement(00298709) (002) 10.7.24 (002).docx
1
FINANCIAL IMPACT:
2
IN THE CIRCUIT COURT FOR THE SIXTEENTH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
STEPHEN D. MARTIN as trustee,
of the COLIN RUSSELL MARTIN
REVOCABLE TRUST
Plaintiff, CASE NO.: 2024-CA-517-P
vs.
MONROE COUNTY FLORIDA,
Defendant.
SETTLEMENT AGREEMENT
The Board of County Commissioners of Monroe County and Stephen D. Martin, in his
capacity as trustee of the Colin Russell Martin Revocable Trust, hereinafter the property owner
("Property Owner") (collectively hereinafter, the "Parties"), hereby agree to settle the above-
referenced lawsuit regarding pending declaratory judgment and injunctive relief action regarding
real property located at 62 SE Marlin Ave., Key Largo, Florida ("Subject Property") on the
following terms:
1. The Colin Russell Martin Revocable Trust is the owner of the Subject Property
("Property Owner").
2. The Property Owner purchased the property on or about March 10,2023,from Anthony
Stallard.
3. That prior to the purchase of the Subject Property, the previous owner had applied for
a building permit June 11, 2020, which became building permit number 20300799.
00298709-v1
3
4. Building permit number 20300799 was subsequently issued on August 19, 2022.
5. At the time the permit was open an Emergency Declaration was issued by the Governor
that included Monroe County.
6. As a result of the emergency declaration the statutory and Monroe County agency
permit deadlines were suspended.
7. An inspection was conducted and passed on the Subject Property on or about January
31, 2024.
8. In accordance with Monroe County policy in effect at the time of the inspection, the
subsequent inspection restarted the preexisting inspection deadlines.
9. A dispute arose between the parties as to the applicable permit deadline.
10. Plaintiff Colin Russell Martin Revocable Trust and the Defendant Monroe County
desire to settle the litigation, and desire to resolve all issues between them.
11. Plaintiff, Colin Russell Martin Revocable Trust agrees to file all necessary paperwork
to reflect the change in ownership of the Subject Property with all applicable Monroe
County Departments.
12. Plaintiff, Colin Russell Martin Revocable Trust agrees to file all necessary paperwork
to reflect the change in the identity of the general contractor of the Subject Property
with all applicable Monroe County Departments.
13. Defendant Monroe County will reinstate the permit and grant a ROGO allocation for
Building Permit number 20300799 from the Monroe County Administrative Relief
ROGO account.
14. For purposes of settlement, the applicable expiration period for Building Permit
number 20300799 will align with the date that is 24 months in addition to the tolled
period. The extended period to exercise the rights under Building Permit number
20300799 may not exceed 48 months in total pursuant to Florida Statute 252.363. The
expiration date for Building Permit number 20300799 is thereby set to expire on July
26, 2027.
15. Defendant agrees that nothing contained in this Settlement Agreement shall restrict or
prohibit the Plaintiff from exercising its right to revise any plans approved under Permit
number 20300799, with the understanding that any such revisions shall be required to
be reviewed and approved by Defendant in accordance with the requirements of the
Monroe County Land Development Code, Monroe County Code, and the Florida
Building Code.Any revisions to the plans will not extend the permit expiration date.
16. Once the applicable name changes have been effectuated by the Property Owner and
Monroe County reallocates the ROGO and reinstates the permit, within fourteen (14)
00298709-v1
4
days thereafter, Stephen D. Martin,in his capacity as trustee of the Colin Russell Martin
Revocable Trust shall: file a Notice of Voluntary Dismissal with the Court in the instant
case, reserving jurisdiction to enforce the terms of the Settlement Agreement.
17. Plaintiff further agrees that it will not file or pursue any action for sanctions or
attorney's fees associated with the proposed 57.105 Motion sent to Defendant or about
September 20, 2024.
18. The Court shall retain jurisdiction in this action to enforce compliance with the terms
set forth in this Settlement Agreement.
19. Each party shall bear its own attorney's fees and costs associated with this action.
20. 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 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'h 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 respective successors-in-interest, assigns,
heirs, or any other subsequent owner of the parcel with Monroe County with respect to Building
Permit number 20300799.
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.
00298709-v1
5
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 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), except for
the parties' respective successors, assigns, heirs or other subsequent owner/holder of Building
Permit number 20300799, 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]
00298709-v1
6
Signed:
Colin Russell Martin Revocable Trust: Monroe County Board of County
Commissioners:
By: By:
Stephen D. Martin, in his capacity as Anjelica N. Harden-Ivanoski
Trustee of the Colin Russell Martin Assistant County Attorney
Revocable Trust Monroe County Attorney's Office
Date: I I 11121' St. Suite 408
Key West, FL 33040
Date:
Form and legal sufficiency approved for
the Collin Russell Martin Revocable Trust by:
Esq. FBN
Counsel for Defendant
00298709-v1
7
00298709-v1