Subject:
Title
Proposed settlement agreement in Delta Fund, LLP v. Board of County Commissioners of Brevard County, Florida, Case No. 2025-CC-011451
End
Fiscal Impact:
In exchange for receipt of $5,000 from Delta Fund, LLP, the County shall provide a partial release of a code enforcement lien in the total amount of $29,960. The $24,960 balance will remain effective as a lien encumbering the subject property and against other parties not released.
Dept/Office:
County Attorney’s Office / Planning and Development
Requested Action:
Recommendation
Approve and authorize the Chairman to sign the attached Settlement Agreement.
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Summary Explanation and Background:
The County holds a code enforcement lien recorded on February 18, 2011 (the “Lien”) against property located at 1820 Hallum Avenue, Titusville, Florida. The Lien arose from code enforcement case number 10CE-01332. Delta Fund, LLP (“Delta Fund”) acquired this property on October 7, 2011, after code enforcement fines had begun to accrue. The Lien cross-attached to all real or personal property Delta Fund owns in the state of Florida. Delta Fund sold or otherwise conveyed this property on July 11, 2013. The code enforcement violation has never been complied and it remains today. Because Delta Fund no longer owns this property, it is unable to bring the violation into compliance. The Lien continues to exist on this property and the other properties Delta Fund owns.
In January 2024, Delta Fund filed a complaint for declaratory judgment asking the court to declare that the Lien does not attach to Delta Fund or any of its properties. To settle this case, Delta Fund has offered to provide payment in the amount of $5,000.00 in exchange for a partial release of lien. The partial release of lien shall only release Delta Fund and any real or personal property Delta Fund owns from the Lien. The partial release of lien shall not release the Lien as to any other property, entity, or individual otherwise subject to the Lien.
Code enforcement fines have accrued in the amount of $29,960, the maximum possible accrual for the Lien under the Code because it is equal to 35 percent of the assessed value of the property. This settlement does not prevent the County from obtaining the remaining balance of the Lien from the current property owner or any other entity still subject to the Lien.
Clerk to the Board Instructions:
Provide a copy of the Clerk’s Memorandum and the original executed Settlement Agreement to the County Attorney’s Office.