Item T13
BOARD OF COUNTY COMMISSIONERS
Agenda Item Summary
ADD ON
Meeting Date
6/16/04
Division
County Attorney
AGENDA ITEM WORDING
Approval of settlement agreement in Monroe County v. Estate of David H. Cole and David
Cole, Jr., case number CA P 03-627.
ITEM BACKGROUND
The Defendants have offered to settle the above-referenced code enforcement lien
foreclosure case for $7,000.00. The lien, which was imposed for maintaining an abandoned
vehicle on the property, had reached $31,150.00 (621 days at $50/day plus $100 in costs)
before the property was brought into compliance. Defendant David Cole Jr. attributes delay
in part to probate dispute.
Due to the probate issues and workload considerations, the County had retained Vernis &
Bowling of the Florida Keys to represent it during this proceeding. That firm's fee will
consume a portion of the settlement proceeds.
This item was added on after the agenda deadline due to the pending closjng date for the
sale of the property.
PREVIOUS RELEVANT BOCC ACTION
Board approved initiation of collection and retention of outside counsel on June 18, 2003.
CONTRACT f AGREEMENT CHANGES nfa
STAFF RECOMMENDATIONS Approval
TOTAL COSTnone
BUDGETED Yes No
COST TO COUNTY none
SOURCE OF FUNDS
APPROVED BY: County Attorney _
OMB/Purchasing! Risk Management!
DIVISION DIRECTOR APPROVALqOLQ. ~ oI.llu let-
JOHN R. COLLINS
DOCUMENTATION:
Included xx
To Follow!
Not ReqUired !
AGENDA ITEM #
7/3
IN THE CIRCUIT COURT OF THE 16TH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
CIVIL DIVISION - JUDGE GARCIA
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
Plaintiff,
vs.
CASE NO.: 44-2003-CA-627-P
DAVID H. COLE, ESTATE &
DAVID COLE, Jr.
Defendants.
/
SETTLEMENT AGREEMENT
Plaintiff Board of County Commissioners of Monroe County (hereinafter "the
County") and Defendants David H. Cole Estate and David Cole, Jr. hereby agree to settle
the above-styled action to foreclose the code enforcement lien recorded at Book 1836,
Page 1740 under the following terms:
1. In order to resolve their differences amicably, avoid the expense of further
litigation, and buy peace in this matter, the Defendants agree to pay to the
Plaintiff a sum of seven thousand dollars ($7,000.00).
2. Upon approval of this agreement by the Board of County Commissioners,
the Defendants shall remit ONE PAYMENT in the amount of $7000.00,
made payable to the Board of County Commissioners.
3. Once this agreement has been executed by both parties and a check in the
amount of seven thousand dollars has been received by the County's
attorney Vernis & Bowling ofthe Florida Keys, the County will:
a. issue to the Defendants a release and satisfaction of said lien
for filing by the Defendants in the Official Records of Monroe
County;
b. file a copy of the release and satisfaction in official the Code
Enforcement file;
c. file the original of this agreement with the Court for approval;
and upon approval by the Court
d. file a notice of voluntary dismissal with prejudice in the above-
captioned matter.
4. By entering into this agreement, each party agrees to waive any and all
claims that it could have raised and/or potential claims that it might have
been able to raise as a result of the above-captioned code enforcement
case.
5. Both parties warrant that they have had an opportunity to consult with
counsel before entering into this agreement.
6. Each party agrees to bear its own costs and attorney's fees other than as
specified in this agreement.
ATTEST:
DANNY L. KOLHAGE
CLERK:
BOARD OF COUNTY COMISSIONERS
OF MONROE COUNTY
By:
Deputy Clerk
By:
Murray Nelson, Mayor
Dated
David Cole, Jr. on behalf of himself and
the Estate of David H. Cole, Defendant.
By:
Notary Public
(date)
This document was prepared and approved for legal sufficiency by:
J
IN THE CIRCUIT COURT OF THE 16TH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
CIVIL DIVISION - JUDGE GARCIA
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
Plaintiff,
vs.
CASE NO.: 44-2003-CA-627-P
DAVID H. COLE, ESTATE &
DAVID COLE, Jr.
Defendants.
/
ORDER APPROVING SETTLEMENT AGREEMENT
Upon consideration of the Settlement Agreement presented by the parties, and the
Court, being otherwise fully advised of its premises, it is hereby:
ORDERED and ADJUDGED that the Settlement Agreement is hereby approved
by the Court; and it is further
ORDERED that the Court shall retain jurisdiction to enforce the terms of the
settlement agreement.
Done and Ordered this _ day of
Plantation Key, Florida.
, 2004, in chambers in
Luis Garcia, Circuit Judge
Cc: Brett C. Kocijan, Esq.
Mark Gregg, Esq.
County Attorney's Office
'HUe. tJL
Mark H. Gregg, P .A.
99101 Overseas Highway
Key Largo, Florida 33037
Phone: (305) 453,9422
FaCo$itnile: (305) 453,9427
June 8~ 2004
SENT THIS DAY VL4 FACSIMILE
305-292-3516
Robert Schillinger
Monroe County Attorney's Office
P.O. Box 1026
Key West, FL 33041
Re: BOCC vs. David H. Cole
Case No.: 44-2003-CA-000627-P
Dear Mr. Schillinger:
I represent David Cole, Jr. in the above referenced code enforcement lien
foreclosure action. As we discussed, Mr. Cole would like to resolve this matter, and has
authorized me to offer the 8ll1l1 ofS7000.00 as a payment to the Monroe County Board of
County Commissioners as payment and settlement in fun. Mr, Cole has contracted to sell
the subject property and the closing is scheduled for June 15~ 2004~ therefore time is of
the essence.
If Mr. Cole~s offer is accepted, payment would be made from the proceeds of the
sale of the subject property, and we would require a release of the code enforcement lien
and dismissal of the lien foreclosure action so that Mr. Cole would be able to convey
marketable title to the subject property.
Please advise jf you require any additional jnformation in order for the BOCC to
consider this offer. Thank you.
YOUIS very truly,
Mark H. Gregg
MHGllg