Item S6 S6
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
November 19, 2024
Agenda Item Number: S6
2023-3263
BULK ITEM: No DEPARTMENT: County Attorney
TIME APPROXIMATE: STAFF CONTACT: Kelly Dugan
N/A
AGENDA ITEM WORDING: Approval of settlement agreement in the matter of Monroe County,
Florida v. Rech, Case No. 23-CA-485-K, and authorization for the County Attorney to sign all
necessary documents.
ITEM BACKGROUND:
This is a Settlement Agreement to resolve a lien foreclosure case stemming from Code Compliance
Case CE20010065. CE20010065 was compliant as of 5/23/24, with fines of$116,400.00 and code
compliance costs of$1,956.99. The Settlement Agreement will resolve the outstanding lien and
litigation for a total of $5,000.00, inclusive of a reduced fine, costs, and legal fees.
PREVIOUS RELEVANT BOCC ACTION:
The BOCC approved litigation in this matter at the 01/18/2023 Board of County Commissioners
meeting.
The BOCC held a closed session to discuss settlement at the 10/16/2024 Board of County
Commissioners meeting.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval of Settlement Agreement.
DOCUMENTATION:
Monroe County v Rech- Settlement Agreement- Case 23-CA-485-K.pdf
5403
FINANCIAL IMPACT:
5404
LO
C)
Iq
LO
IN THE CIRCUIT COURT OF THE 16' JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
MONROE COUNTY, FLORIDA9 Case No. 23-CA-485-K
a political subdivision of the State of Florida,
CE20010065)
Plaintiff,
VS.
KENNETH W. RECH, and,
PATRICIA A. RECH,,
SETTLEMENT AGREEMENT
Plaintiff, Monroe County, Florida, (the County) a political subdivision of the State of
Florida,and Defendants,Kenneth W.Rech and Patricia A.Rech,hereby agree to settle the existing
code enforcement lien imposed by the Special Magistrate regarding real property located at 1037
Picard Lane, Cudjoe Key, Florida 33042, as follows:
1. The County brought a code enforcement case, CE20010065, against the Defendants.
The County brought the instant action to enforce the lien stemming from CE20010065,
seeking Injunctive Relief and/or Money Judgment.
2. Defendants currently own the property.
3. The total fine is$116,400.00, with statutory costs of$1,956.99, for a total owed by
Defendants of$118,356.99.
4. The parties agree to a settlement amount of$5,000.00 total, encompassing a reduced
fine, costs,and legal fees.
to
C)
Iq
LO
5. Defendant agrees to pay $5,000.00, in full, within 15 days ofthis Settlement
Agreement. Payment shall be made to: Monroe County Code Compliance, Attn:
Nicole Petrick, 2798 Overseas Highway, Marathon, FL 33050.
6. Once the full payment is received,the County agrees, within 30 days, to:
a. Issue a release and satisfaction of the lien recorded for code case CE20010065,
recorded in the Official Records of Monroe County,Book 3088, Page 2255.
b. Issue a release of the is Pendens, recorded in the Official Records of Monroe
County, Book 331, Page 1009.
c. Enter a Voluntary Dismissal in the instant case.
7. The Court shall retain jurisdiction to enforce compliance with the terms set forth in this
Settlement Agreement.
Section 1.-Recitals.The foregoing recitals are true and correct and are hereby incorporated
as if fully set forth herein.
Section 2 - 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, is would cause this
Agreement to be void or unenforceable.
2
I-
C)
Iq
LO
Section 3-Good Faith.These settlement negotiations have been undertaken by the parties
in good faith.
Section 4 - 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 oft e 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 5 - 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 6 - 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 7 - Inconsistency,Partial Invalidity, Severability, and Survival of Provisions.
If any condition, provision, reservation, restriction, right, or to of this Agreement, or any
portion(s)thereof, is/ held to be invalid or unenforceable by any administrative hearing officer
or by a court of competent jurisdiction, the invalidity or enforceability 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 8 - Integration. This Settlement Agreement constitutes the entire Agreement and
any representation or understanding of any kind preceding the to of the parties' written final
3
00
C)
Iq
LO
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 9 - Non-Reliance by Third-Parties. No non-signatory person(s) or entity(ies)
shall be entitled to rely on 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 Comniissioners 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
4
0)
0
Iq
L0
Si 111 nat re l to
Kennet W. Rech
STATE OF: 1
Subscribed and sworn to (car affirmed) before me, by means of physical presence or 0 online
notarization, on t t 1 _ _ (date)
by � ( �of affi a t)a e-S- is pars o nnally know wn to m e or has
produced l i' C' ...... _........_ ( pf identification)
as identification. L. ®�®�
T .,n .
(j C)TA PUBLIC
y Commission Expires: I i
OF F
� ® r y Commission Expires:
1
Signature Date
Patricia A. Rech
STATE F:
CCU T"Y OF;�
Subscribed and sworn to (or affirmed) before me, by means of physical presence or ® online
notarization, on � � _ (date)
y - (name of aff ant), He/She is personally known to me or has
pro duEe _ � � (type of identification)
as identification,
7\4T"op
mmmm _, NXTnTfOVPIT'iEIS..._
IF 0 My Comm, res
r y Commission Expires: -Z 67
Ct B Li My Commission Expires:
� � FF
0
Iq
Robert ®llinger Date
Monroe a a ey
REMAINDER OF PAGE INTENTIONALLYLEFT BLANK