Resolution 071-1995
RESOLUTION NO. 071-1995
A RESOLUTION APPROVING SETTLEMENT OF CODE
ENFORCEMENT BOARD ACTIONS INVOLVING HOLIDAY
ISLE, WINDLEY KEY.
WHEREAS, the Monroe County Code Enforcement Board entered
certain penalty/lien orders set forth in the draft satisfaction'
attached hereto as Exhibit Ai and
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WHEREAS, Holiday Isle has offered to pay ~onroe 7!'oun~ the
sum of One Hundred Thousand Dollars ($100,OOO).,as-; reflbu~ment
of Monroe County's staff time and expert costs incurred in'devel-
oping the Focal Point Plan and other improvements to traffic and
parking problems on Windley KeYi and
WHEREAS, the validity of those liens
question due to alleged noncompliance with
ments of Fla. Stat. Sec. 162.09(3) i and
WHEREAS, the parties are uncertain as to the amount which
Monroe County is obligated to pay its attorneys Frigola, DeVane,
Wright & Dorl, P.A. for representation in the pending lien fore-
closure/Code Enforcement Board penalty collection actionsi and
WHEREAS, Holiday Isle has agreed to pay the fee which Monroe
County is obligated to pay its said attorneys, but has been un-
able to reach agreement with the attorneys as to the amount duei
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSION
ERS OF MONROE COUNTY, FLORIDA THAT:
Section 1. Upon receipt of the sum of One Hundred Thousand
Dollars ($100,000) from Holiday Isle, Monroe County shall release
and satisfy of record the liens referenced in the attached satis-
faction. Such payment is not to be construed as a fine or penalty.
Section 2. There is now held in escrow with the firm of
Frigola, DeVane, Wright and Dorl, P.A., the sum of $23,500, previ-
ously paid by Holiday Isle. This sum shall remain in escrow to
secure payment of whatever amount may be ordered to be paid for
attorneys fees as contemplated in Paragraph 3, below.
Section 3. Should Holiday Isle and the law firm of Frigola,
DeVane, Wright and Dorl, P.A. not reach agreement on the sum due
said attorneys for representation of Monroe County and costs
incurred in the legal proceedings related to the Code Enforcement
Board cases listed on Exhibit A, then Monroe County and Holiday
Isle shall secure from the Sixteenth Judicial Circuit a declara-
tion or other judicial determination of the sum due to the attor-
neys. Holiday Isle shall promptly pay the sum so determined and
shall hold Monroe County harmless from any claim by the attorneys
for costs and fees incurred in connection with the pending pro-
ceedings.
Section 4. Holiday Isle agrees, within 90 days of this
settlement, to obtain and pay for after-the-fact building permits
for construction of those structures that are the subject of the
code enforcement violations set forth on Exhibit A. Monroe County
agrees to process any permit applications submitted by Holiday
Isle in an expeditious and timely manner. If said permits cannot
be lawfully issued, Holiday Isle shall remove the structure pursu-
ant to a demolition permit. In the event that Holiday Isle fails
to remove any structure, Monroe County shall then have the right
to apply to the Court to require its removal or may institute
appropriate code enforcement proceedings. The parties agree that
during any DCA review period or appeal, the required time provi-
sion shall be tolled.
Section 5. This Resolution shall constitute a Settlement
Agreement between Monroe County and Holiday Isle, upon receipt by
Monroe County of a written acceptance by Holiday Isle of the
terms hereof.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on this 21st day of February, A.D., 1995.
Mayor Freeman
Mayor Pro Tern London
Commissioner Douglass
Commissioner Harvey
Commis ioner Reich
~
yes
not present
yes
yes
yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
cS~:!==
ATTEST: DANNY L. KOLHAGE, CLERK
BY: 1:hoJ,.-..L c:. lDv~
DEPUTY CLERK'
SATISFACTION OF CODE ENFORCEMENT JUDGMENTS AND LIENS
For and in consideration of the sum of $100,000 and of good and valuable
consideration, Monroe County, a political subdivision of the State of Florida, does hereby
acknowledge payment in full and satisfaction of the following Code Enforcement
Penalty/Liens:
1. CEB Case No. U7 -89-308
Penalty/Lien Order filed January 5, 1990, in Official Record Book 1116 at page 2148 of
the public records of Monroe County, (Circuit Court Case No. 94-20-478-CA-18)
2. CEB Case No. U7 -89-419
Penalty/Lien Order filed January 5, 1990, in Official Record Book 1116, at page 2146
of the public records of Monroe County, (Circuit Court Case No. 94-20-478-CA-18)
3. CEB Case No. U9-89-574
Penalty Lien Order filed November 15, 1989, in Official Record Book 1111, at page
1905 of the public records of Monroe County, (Circuit Court Case No. 94-20-463-CA-
18)
4. CEB U10-89-773
Penalty/Lien Order filed February 16, 1990, in Official Record Book 1121, at page
0946, and re-recorded December 29, 1993, in Official Record Book 1286, at page
2292 of the public records of Monroe County, (Circuit Court Case No. 94-20-160-CC-
20)
5. CEB Case No. U5-89-248
Penalty/Lien Order filed January 5, 1990, in Official Record Book 1116, at page 2147
of the public records of Monroe County, (Circuit Court Case No. 94-20-484-CA-18)
6. CEB Case No. U5-89-225
Penalty/Lien Order filed January 5, 1990, in Official Record Book 1116, at page 2149
of the public records of Monroe County, (Circuit Court Case No. 94-20-484-CA-18)
7. CEB Case No. U8-89-604
Penalty/Lien Order filed December 12, 1989, in Official Record Book 1114, at page
1378 of the public records of Monroe County, (Circuit Court Case No. 94-20-485-CA-
18)
8. CEB Case No. U1-91-1040
Penalty/Lien Order filed September 17, 1991, in Official Record Book 1183, at page
1793 of the public records of Monroe County, (Circuit Court Case No. 94-20-485-CA-
18)
9. CEB Case No. U9-89-663
Penalty/Lien Order filed November 15, 1989, in Official Record Book 1111, at page
1906 of the public records of Monroe County, (Circuit Court Case No. 93-20-200-CA-
18)
The Clerk of the Court is directed to record this Satisfaction in the public records of
Monroe County, Florida at which time any and all property subject to the above liens shall be
released and discharged including the properties described on Exhibit A..
Attest:
Board of County Commissioners of Monroe
County
As Clerk
By:
Dated:
,1995
STATE OF FLORIDA
COUNTY OF MONROE
I certify that the foregoing
, 1995, by
instrument was acknowledged before me on
who is personally known to me.
Notary Public's Signature
(Notary's name printed or typed)
Commission No.
My Commission Expires:
EXHIBIT A
1. CEB Case No. U7..&9-308
penaltylUen Order flied January 5, 1990, in Official Record Book 1116 at p.~Qe 2148 of the
publio records of Monroe County, (Circuit COurt Case No. 9.c.-2Q..478-CA-18)
2. CEB Case No. U7-8941'
'PenaftylUen Orderfll~ January 5,1990, in OffIcial Record Book 1116, at page 2146 Of the
public records of Monroe County, (Circuit Court Case No. 94-2Q..478-CA-18)
3. CEB Case No. U9-89-674
Penalty Uen Order filed November 15, 1969. in Official Record Book 1111, at page 1905 of the
public recoros of Monroe County, (Circuit Court Case No. 94-20-463-CA-18)
4.. CES U10..n.773
PenaltylUen Order filed February 16,1990, in OffIcial Record Book 1121, at page 0946. and re-
recorded December 29, 1993, In Official Record Book 1286, at page 2292 of the public reCords
of Monroe COunty, (Circuit ~ourt Case No. 94-2o..160-CC-20)
6. CEB Case No. US-89..248
P_enaItyILJ~o..9~er filed ~'-enu.!lY 5, 1~_Q!_ ~~ qffiqi!l_ ~~~~_ ~~k 1116, at page 2147 of the
publio records of Monroe County, (Circuit Court Case No. 94-2~~~A=-f8}-----
6. CEB Case No. U5-89-225
Penalty/Uen Order tiled January 5, 1990, in Official Record Book 1116. at page 2149 of the
public records of Monroe County. (Circuit Court Case No, 94-2Q-464-CA-18)
7. CEB Case No. U8-89-6D4
PenaltylLien Order filed December 12, 1989, In Official Record Book 1114, at page 1376 of the
public records of Monroe County, (Circuit COurt Case No. 94-20-485-CA-16)
8. CEB Ca.. No. U1-91-1040
PenaltylLlen Order filed September 17, 1991. in OffIcial Record Book 1183, at page 1793 of the
public records of Monroe County, (Circuit Court CSSG No. 94-20-485-CA-18)
t. CEa Case No. U9-89-663
PenattylUen Order filed November 15, 1989, In Official Record Book 1111, at page 1906 of the
public records of Monroe County, (Circuit Court Case No. 93-2o-200-CA-18)
10. CEB Case No. U~..90-513
PenaltylUen Orderflle<f on November 15, 1990. in Official Record Book 1151, at page 36 and 37
of the public records of Monroe County, (Circuit Court Case No. 94-20-485-CA-18)