HomeMy WebLinkAboutExecuted Settlement AgreementCity of Cape Canaveral
Community Development
PRE -HEARING SETTLEMENT
THE CITY OF CAPE CANAVERAL
A Florida Municipal Corporation,
Complainant,
V.
Owners of the property located at:
139 Oak Lane, Cape Canaveral, FL 32920
Respondent(s):
Sheropa, LLC C/O Patrick T. Lee, R. A.
1. Property where violation(s) exist(s):
139 Oak Lane, Cape Canaveral, FL 32920
CASE NO. 2015-16
Date: 4-06-15
2. Name and address of owner(s) of property where violation(s) exist:
Sheropa, LLC C/O Patrick T. Lee, R. A.
400 Harbor Drive
Cape Canaveral, FL 32920
3. Prehearing Settlement: This Pre -Hearing Settlement is entered into by the City and the
Respondent to reach settlement of certain code violations specifically set forth in the Notice
of Violation dated March 19, 2015.
A. The City finds and Respondent admits the following:
(1) Respondent was duly served a Notice of Violation, dated March 19, 2015 ("Notice of
Violation").
(2) Respondent was responsible for the code violations described in the Notice of
Violation.
(3) Respondent desires to voluntarily agree to pay the stipulated penalties set forth below,
and waives its right to a hearing before the Code Enforcement Board, in order to fully resolve the
violations described in the Notice of Violation.
B. Having reached a resolution of the matter prior to the Code Enforcement Board
hearing, the City and Respondent agree as follows:
Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue
Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.citvofcaoecanaveral.or2 e-mail: infona.cityofcanecanaveral.org
(1) Within five (5) days of full execution of this Pre -hearing Settlement Agreement by the
City and Respondent, Respondent shall pay the City, by cashier's check or money order, stipulated
code enforcement penalties in the amount Five Thousand and No/100 Dollars ($5,000.00). The
cashier's check or money order shall be made payable to the City of Cape Canaveral, shall include the
Case No. 2015-16, and be delivered to the City Manager of Cape Canaveral at 105 Polk Avenue, Cape
Canaveral, Florida 32920-0326.
(2) Upon receipt of the cashier's check or money order, the City waives its right to initiate
prosecution of the Notice of Violation before the Code Enforcement Board and will voluntarily dismiss,
with prejudice, Notice of Violation — Case No. 2015-16.
(3) If the Respondent fails to timely pay the stipulated penalties pursuant to the terms and
conditions set forth in paragraph (1) above, the City reserves the right to unilaterally rescind this
Agreement by providing written notice to the Respondent and then prosecute the Notice of Violation
before the Code Enforcement Board and seek civil penalties, prevailing party reasonable attorney's
fees, and costs against the Respondent.
(4) Respondent acknowledges and waives its right to an administrative hearing before the
Code Enforcement Board pursuant to Chapter 162, Florida Statutes, on the terms and conditions of this
Pre -Hearing Settlement Agreement. Respondent also acknowledges and waives its right to appeal the
terms of this Agreement to the Code Enforcement Board or a court of competent jurisdiction.
(5) This Pre -Hearing Settlement Agreement is governed by Florida law and may be
enforced in a court of competent jurisdiction in Brevard County, Florida.
FOR `RESP—ONDENT:
Print Name/Title: Psi 1 fZl !L Date
FOR THE CITY OF CAPE CANAVERAL:
David L. Greene, City Manager Date
Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue
Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.citvofcanecanaveral.orQ e-mail: info@citvofcapecanaveral.org