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Home My WebLink AboutItem Q06 Q6 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting January 15, 2025 Agenda Item Number: Q6 2023-3462 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. Jakku Properties, LLC, Case No. 22-CA-64-P, 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 CE17110029. CE17110029 was compliant as of 03/11/22, with fines of$540,500.00, with code compliance costs of$1,956.99 and $27,212.70 in legal costs and attorney's fees, for a total owed by Defendants of$469,669.69. The Settlement Agreement will resolve the outstanding lien and litigation for a total of$55,000.00, inclusive of a reduced fine, costs, and legal fees. PREVIOUS RELEVANT BOCC ACTION: The BOCC approved litigation in this matter at the 06/18/2021 Board of County Commissioners meeting. The BOCC rejected a settlement offer at the 10/18/2023 BOCC meeting. The BOCC considered a settlement offer at the 10/16/2024 Board of County Commissioners meeting and requested a closed session be held at the following meeting. The BOCC held a closed session to discuss settlement at the 11/19/2024 Board of County Commissioners meeting. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval of Settlement Agreement. 2970 DOCUMENTATION: Executed Settlement Agreement.pdf FINANCIAL IMPACT: 2971 IN THE CIRCUIT CO��T OF THE 16m JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA, Case No. 77-CA-64-P a political subdivision ofthe State of Florida, /[.-[. CE}7ll0U20\ SETTLEMENT AGREEMENT Plaintiff, Monroe County, Florida, (the County) u political Subdivision o[ thc S1o\c of Florida, and Defendant, Jukku Properties, LLC` hereby o&roc to sci1|c the existing code enforcement lien imposed by the Special Magistrate regarding real property located at 100760 Ovcrenuu Highway, Key Largo, Florida 330]7 (^^SuFJoc( Property"), as follows: |. Thc County brought acodo mnfbrcenouni case, L617110029, against the Defendants. The County brought the instant action to enforce the lien stemming frorn CE171 10029, seeking Purcdonurc` Money Judgment, Injunctive Relief. and/or Writ ofExecution. 2. Defendant Currently owns the Subject Property. 3. The total fine im$540,50U.OU, with code compliance costs o[$|.95h.99, and $27`212.70 in legal costs and attorneys' 6:cy, fbrutotal owed by Uc/endmn1sof$5h9`b6Y.69. 4. The parties agree too settlement amount u[$55,000.OU total, encompassing ureduced fine ($25,83O.]\), code compliance costs ($|,P56.Y9)` and legal fees ($Z7,2|2.70). 1 . . 5. Defendant agrees to pay $55,000.00, in full, on cv before January 31, 2025, Payment shall be made in: Monroe County [udo Compliance, Attn: Nicole Petrick, 2798 Overseas Highway, Marathon, PL3305U. h. |[Dch:ndun| fails(o pay in full bY January 3|. 20Z5, the fine will revert back \o the full amount in Paragraph 3, less any monies received by the County. 7. Once full payment is received, the County agrees, within 30 days, to: n. Issue a release and satisfaction of the lien for code case CE171 10029, recorded in the Official Records o[Monroe County, Book 3OZ5, Page |808. b. Issue o release nfthe Lio Pundcns, recorded in the (}Oicin| Records nfMonroe County, Book 3|53, Page 2079. C. To submit an agreed order, the fbrnn o[mhiuh shall be agreed to by the parties' attorneys, dismissing the above styled Cause With pr 'udiccund *i\hcnohpurtY to bear their own nttorncy`a hccs and costs, except as s1n1od in Paragraph 4, 0. The Court shall ,c1oin 'uriadiodontoenfbrce compliance with the tcrms ao< [bdh in this Settlement Agreement. Section l -Recitals.The foregoing recitals are true and correct and are hereby incorporated as it'fully uo| [bdh herein. Section 2 - Settlement. 'rho pat-ties have entered into this Settlement &grocnnont knowingly, Orcc|y, and vo|un<ori|y, having doicnnincd that they have adequate infbrmotion upon which to make informed decisions and having decided that it is in their best interests to amicably resolve this action. . . CN o. Neither part)/ is undor coercion or dorcsa. Neither has been (bruod into this Agreement orthreatened in any way. b. Neither party knnvvo of any fact or ciruurnxiuncc, which vouN oouac this Agreement \ohc void orununfbroenb|c. Section 3- Good Faith.These settlement negotiations have been Undertaken by the parties in good [ki\h. Section 4 - Choice of Law; Governing I.uvv; Jurisdiction; Vxono. This Agreement is not SUbject to arbitration and shall be governed by, and constrUed and enl'orced in accordance with, the laws o[the State o[Florida, and venue for all duinna, controversies, ordispu1ca relating to this /\grucmcn{ shallbe in the Ciroui1 Cmud Of the 16m Judicial Circuit in and for Monroe County, Florida, Section 5 - Binding Effect. It is agreed and uodcrnkood that this Settlement Agreement xhuU be and is forever binding Upon the parties, including their xuccexso,s-in-intcncat. 8exdoo 6 - Construction of /kgncomnoot; Divisions and Headings. Captions and paragraph headings, where used herein, an: inserted lot- convenience only and are not intended to descriptively limit the scope and intent ofthe pudioo|ur paragraph or text to which they rc|er. Section 7 - Inconsistency, Partial Invalidity, 0orc,ubUitv, and Sorvivu\ o[Prnvimioum. |f any condition, provision, reservation, restriction, right, or \cron of this Agreement, or any podion(x) \hc,00[ is/arc held to be invalid oruncnk`rccnb|eby all), administrative hearing officer or by a coud of competent jurisdiction, the invalidity or uncnlbncuubi|i1y o[ suuh condition, provision, reservation, restriction, right, or term, or any portion(s) 1hcncof, 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 suuh other conditions, provisions, 3 LO CN reservations, restrictions, rights,1enns, undn:nnainingpodion(u)thorofuhuUooniinucunim 'rcd in full force and effect, Section 8 - Integration. ']'his Settlement Agreement constitutes the entire Agreement and any representation or understanding o[any kind preceding the date of the parties' written final approval ofthis Agreement not specifically and expressly memorialized herein is not binding on either of the yudiva except to the extent that it has been specifically and expressly memorialized in this Agreement. Section 9 - Non-Reliance by 1[hird-Parties. No non-signatory person(s) or endiy(ios) xho|| be entitled to rely upon any conditions, provisions, or terms ofthis Agreement tuenforce or to attempt to enforce any third-party claim(s)or entitlernent(s)to or benefit(s) from any conditions, provisions, or terms hcroundcr. Section 10 - Execution in Counterparts. The pat-ties 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 consd1utn w single instrument. Section ll - Scrivonor`y Errors. The Monroe County Board o[Couni)/ Commissioners authorizes the Monroe County /\Uo,ncy and Counsel representing the K4onrocCounty Attorney`s UOlcc in this matter to correct any scrivcnur`s errors within this /\grccmcnL prior to written Mention of<hiu Agreement on the Couniy`o bcho|[uomuihorizod and approved by the Board o[ County Commissioners following uduly noticed public meeting o[\hcMonrooCounty Board of County Commissioners ut 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 un the parties. cfl ti N Signature Date Donald Wood, Registered Agent Jakku Properties, LLC STATE O1 � A COUNTY OF: 1 Subscribed and sworn to (or affirmed) before me, by means of❑ physical presence or ❑ online by c- >C,_ .._ , (date) on notarization, �— uµ)- She�`is11 personally known to me cal^ has �c'�� , (name of aff�ant': 1I p y produced (type identification)c as ideiititication. � NO" R-Y, UBL,IC �P - M nnrnissibi L;� 6cs: THERESA L.DAVIS MY COMMISSION#HH 336904 y p '► �pR16,°T` EXPIRES:January4,2027 My Commission Expires: Robert Shillinger Date Monroe County Attorney REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 5