File #: 22-1732   
Status: Agenda Ready
In control: County Attorney
Agenda Date: 11/15/2022 Final action: 11/15/2022
Title: MOTION TO APPROVE settlement in the case of City of Pompano Beach v. O'Connor Holdings, LLC, et al., Case No. CACE20003904, authorize the Mayor and Clerk to execute, and authorize the Office of the County Attorney to execute and file the Stipulation to Ratify Settlement and Dismiss Case.
Attachments: 1. Exhibit 1 - Copy of Settlement Agreement
Date Action ByActionResultAction DetailsMeeting DetailsVideo
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Broward County Commission Regular Meeting
Director's Name: Andrew J. Meyers
Department: County Attorney

Information
Requested Action
title
MOTION TO APPROVE settlement in the case of City of Pompano Beach v. O'Connor Holdings, LLC, et al., Case No. CACE20003904, authorize the Mayor and Clerk to execute, and authorize the Office of the County Attorney to execute and file the Stipulation to Ratify Settlement and Dismiss Case.

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Why Action is Necessary
Board approval is necessary to resolve this pending lawsuit.

What Action Accomplishes
Settlement of pending litigation.

Is this Action Goal Related
No

Previous Action Taken


Summary Explanation/Background
On March 4, 2020, the City of Pompano Beach ("City") filed a foreclosure action against O'Connor Holdings, LLC ("O'Connor"), Broward County ("County"), Good Cars, Inc., and Lennox S. Harrison. O'Connor is the owner of property located at 1601 NW 15th Avenue, Pompano Beach, Florida ("O'Connor property"), against which the City had recorded liens amounting to $5,086,520 at the time the suit was filed. The County was named as a Defendant due to having recorded a lien of $2,787,500 against the O'Connor property, resulting from Final Orders issued on Notice of Violation NOV17-0019.

The County lien was recorded later than and is subordinate to the City liens. The City and County liens far exceed the current market value of $1,915,770 for the O'Connor property, which is mainly comprised of a lake providing drainage for properties within the Gold Coast Plat Property Owners Association ("Association") and for a portion of North Andrews Avenue. The Association intervened in the foreclosure in furtherance of the settlement and due to its drainage interests. The County's Final Orders require removal of excess fill from the lake in violation of County surface water management and borrow pit reclamation licenses.

The proposed settlement provides for (i) transfer of the O'Connor property to the Associ...

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