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Home My WebLink AboutItem U2 Liz Yongue From: Gomez-Krystal <Gomez-Krystal@MonroeCounty-FL.Gov> Sent: Tuesday, December 9, 2025 10:55 AM To: Ballard-Lindsey; 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; Powell-Barbara Subject: ADD-ON Item U2 12/10/2025 BOCC Meeting Attachments: U1 AIS 4919.pdf Good morning, Please be advised,the following Add On Item is set for inclusion day-of meeting prior to the approval of the Agenda: "Approval of settlement agreement in the matters of Joshua Drechsel v. Monroe County, Florida, Case Nos. 25-CA-849-K and 25-AP-11-K, and authorization for the County Attorney to sign all necessary documents." The Agenda Item Summary is attached.Once approved,this will be considered Add On Item U2. Sincerely, )V,rystaC crovuez Executive Administrator Monroe County Administrator's Office 1100 Simonton Street,Suite 2-20S Key West, FL 33040 Office:30S-292-4441 Cell:30S-8SO-8694 Courier Stop#1 Notary Public www.ri"ioriroeco�,,iirity.-fu..gov gorriez..kry:st,, 1.@ri"ioriroeco�,,iirity..-fl..gov ,.airity..fl.gov PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE. 1 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 December 10, 2025 Agenda Item Number: 2023-4919 BULK ITEM: No DEPARTMENT: County Attorney TIME APPROXIMATE: STAFF CONTACT: Kelly Dugan N/A AGENDA ITEM WORDING: Approval of settlement agreement in the matters of Joshua Drechsel v. Monroe County, Florida, Case Nos. 25-CA-849-K and 25-AP-11-K, and authorization for the County Attorney to sign all necessary documents. ITEM BACKGROUND: This is a Settlement Agreement to resolve a declaratory action and appeal stemming from Code Compliance Case PROP-AUG24-0143, as well as the underlying Code Compliance case. PREVIOUS RELEVANT BOCC ACTION: The BOCC held a closed session to discuss settlement at the 11/12/2025 Board of County Commissioners meeting. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval of Settlement Agreement. DOCUMENTATION: Settlement Agreement FINANCIAL IMPACT: 1 IN THE CIRCUIT COURT OF THE 16" JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA JOSHUA DRECHSEL, Case Nos. 25-CA-849-K 25-AP-11-K PlaintfflAppellant, L.T. PROP-AUG24-0143 V. MONROE COUNTY, FLORIDA, DefendantlAppellee. SETTLEMENT AGREEMENT Plaintiff/Appellant,Joshua Drechsel (Drechsel), and Defendant/Appellee Monroe County, Florida (the County), hereby agree to settle the above-listed Circuit Court actions and underlying Code Compliance case regarding real property located at Parcel ID 00250430-000000, Vacant Land, Forrestal Ave, Big Pine Key, FL, (the Property)as follows: 1. The County brought Code Compliance case PROP-AUG24-0143 for a violation of Monroe County Code (MCC) Section 17-6.(b)(3). A Final Order was issued by the Special Magistrate and was recorded as a lien on June 26, 2025, at Book 3332, Page 1369 of the Official Records of Monroe County. 2. Drechsel brought 25-CA-849-K, an action for declaratory judgment, and 25-AP-11- K, an appeal, to challenge the Final Order. 3. Drechsel is the current owner of the Property. Section 1 -Recitals.The foregoing recitals are true and correct and are hereby incorporated as if fully set forth herein. 1 2 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 these actions. 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. c. Drechsel agrees to dismiss 25-CA-849-K and 25-AP-11-K with prejudice, within 30 days of the execution of this Settlement Agreement. d. The County agrees to waive any fines in PROP-AUG24-4143. e. Once the dismissals are filed in 25-CA-849-K and 25-AP-1 l-K,the County agrees, within 15 days, to issue a release of the lien recorded for PROP-AUG24-0143, recorded in the Official Records of Monroe County, Book 3332,Page 1369, and to record said release in the Official Records of Monroe County. f. The parties agree that each party shall bear its own attorneys' fees, costs and expenses arising out of, in connection with, or related to PROP-AUG24-0143, 25- CA-849-K, and/or 25-AP-1 I-K, whether such fees, costs or expenses have been incurred prior to the execution of this Agreement or will be incurred after its execution. g. The Court shall retain jurisdiction to enforce compliance with the terms set forth in this Settlement Agreement. 2 3 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 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 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 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 8 - Integration. This Settlement Agreement constitutes the entire Agreement and any representation or understanding of any kind preceding the date of the parties' written final 3 4 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 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. 4 5 iZI �I2r Signa r Date Josh Drechsel STATE OF: COUNTY OF: eldj u fo Subscribed and sworn to (or affirmed) before me, by means of P physical presence or ❑ online notarization, on bey- 8 Z02S 4=N (date) by )OSwA gaz-64 s e. (name of affiant gelhe is personally known to me or has produced (type of-identification) as identification. CHARDJENN1 goyOTARY PUBI ',r"3��"' pubhc-State of Floridada �� Notary 329653 IC Commis2,1 sio fission Expires My C fission Expires: Ca bet or- 2026 My Commission Expires: Robert Shillinger Date Monroe County Attorney REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 5 6