HomeMy WebLinkAbout11/14/2024 Settlement Agreement IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
CIVIL DIVISION
STEPHEN D. MARTIN as trustee
of the COLIN RUSSELL MARTIN
REVOCABLE TRUST,
Plaintiff,
V. CASE NO.: 2024-CA-517-P
JUDGE: LUIS GARCIA
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. 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.
4. Building permit number 20300799 was subsequently issued on August 19, 2022.
5. At the time, the pen-nit 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.
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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.
H. Plaintiff Colin Russell Martin Revocable Trust agrees to file all necessary paperwork to
reflect the change in ownership oft e 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 Pe it
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)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.
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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 1h 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.
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Section 6 - Inconsistency, Partial Invalidity, Sever ability, 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 hy 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 duty 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 Agree ment shall
be considered legally effective and forever binding on the parties.
[SIGNATURE PAGFS FOLLOW]
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Signed:
Colin Russell Martin Revocable Trust: Monroe County Board of County
Commissioners:
Stephen D. Martin �
p , in n his capacity
as RobAShhilling�er,Jr.
Trustee of the Colin Russell Martin County Attorney
Revocable Trust Date: November 14, 2024
Date: November ' 2024
Form and legal sufficiency approved for Form and legal sufficiency rove for the
the Collin Russell Martin Revocable Trust by: Monroe County oar of County
Counsel for Stephen D. Martin, as trustee Commissioners
of the Colin Russell Revocable Trust
By: N
138 SimontonStreet jlic r en-lvos i
Key West, Florida 33040
Telephone: ( 05) 29 -7227 Assistant County Attorney
Monroe County ttorney's Office
Primary: � '; gjthl la 11 corn I I 1112"" St. Suite 408
Iiriistiinai:Srn..thlvvl�s.corn Rey West, FL33040
,,Harm_ ,.,.,om
Secondary Bra ndA(�, mr�ithi la iks.co Date: November 12 , 2024
.1�n�''�;. irr�itlanl�,�awks�,
BY: Isl J"4 t4;,e 4
JESS MILESALL, ESQ.
Florida Bar No. 102070
KRISTINA J. BELANGER, ESQ.
Florida Bar No. 10 12137
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