STATE OF INDIANA ) IN THE MONROE CIRCUIT COURT

) SS:
COUNTY OF MONROE ) CAUSE NO. 53C08-1802-OV-000011

CITY OF BLOOMINGTON, DEPARTMENT OF

HOUSING AND NEIGHBORHOOD
DEVELOPMENT
Plaintiff,
vs.

JEFFREY JONES,
Defendant.

AGREED JUDGMENT
COME NOW the parties, City of Bloomington, Department of Housing and Neighborhood Development
(Hereinafter the “Plantifi”), by its Assistant City Attorney, Christopher J. Wheeler, and Jeffrey Jones,

(Hereinafter the “Defendant”), by his Attorney, Carl Lamb, and hereby enter into this Agreed Judgment

in the above cause. The parties agree as follows:

1. A Complaint was filed against Defendant by Plaintiff under Cause Number 53C08-l802-OV—

00001 1, alleging violations ofBloomington Municipal Code Title 16 at 3300 S. Walnut Street

Pike and commonly known as 3300-33 1 0 S. O’Dell Drive, Bloomington, IN (Hereinafter

referred to as the “Property”).

2. Defendant violated Bloomington Municipal Code Title l6 as alleged in the Compliant.

3. A civil penalty shall be assessed and reduced to judgment in favor of the Plaintiff and

against the Defendant in the amount of $723,300.00 for his violations of Title 16 of the

Bloomington Municipal Code at the Property. This judgment shall bear statutory interest.

4. Defendant shall pay all court costs herein.

5. The Defendant shall do one of two things in regards to the Property:

a. Bring the Property into full compliance with all requirements of Title 16 of the
Bloomington Municipal Code (including, but not limited to, correcting all

remaining violations of Title 16 of the Bloomington Municipal Code, passing re-

inspection, paying the final Invoice from HAND and receiving a valid Title 16
Occupancy Permit) no later than tifiWWnfie—dfirméem or
we se‘muww aimwv- Hm Ga.“
ca“
UV
 b. Have all tenants/occupants vacate the Property no later than Wm
tfmfiateefflns—Grder and maintain said residential rental unit in a state 0f vacancy
until such time as the Defendant presents a valid HAND issued Title 16 Occupancy
Permit to this Court.
as mom m Rt EH‘Qggg
M
c
,

cm“)

6. Should the Defendant fail to comply in full with Paragraph 5 above, then Plaintiff shall

immediately issue to each of the tenants/occupants of the Property a thirty (30) day

Notice to Vacate with a copy of this Agreed Judgment attached thereto. The City of

Bloomington may enter upon Defendant’s property to effect issuance and enforcement

of the Notice to Vacate. Defendant shall not permit the Property to be re-occupied until

Defendant presents a valid HAND issued Title 16 Occupancy Permit to this Court.

‘7. (w Wu») mch)

CITY OF BL MINGTON: JEFFREY JONES:

By:
Doris Sims, Director
fly?
Dated: Jeffrey Jones Dated:
Housing and Neigh o 00d Development Defendant

APPROVED AS TO FORM ONLY:

Christophe

City ofBloomington
J Whe
Assistant City Attorney, #18944- 49
fimDated
m Carl Lamb
Attorney for the
Carl Lamb
Deg ndant, #10286- 53
& Associates
W”
Dated:

401 N. Morton Street/PO. Box 100 400 W. 7‘h

Street, Suite 104
Bloomington, IN 47402 Bloomington, IN 47404
(812) 349-3426

SO ORDERED THIS 5‘“ DAY OF AUGUST, 2019.

e, Monroe
u (7
ONORABLE JUDITH BENCKART"
Circuit VIII
/W\
Copies to:

Plaintiff, Defendant, Clerk of Monroe County

(’7) MT w mum Wu m @emm»

beware \tvflaA mmarf ,
Wm
\s A 52:11me Ammm Tut Pmuss km: me A»

mg menu 8‘! limes avcow

 SETTLEMENT AGREEMENT
51" 8T kubu
THIS SETTLEMENT AGREEMENT, day of
dated the 2019, is ,

hereby made and entered into by and between Jeff Jones (hereinafter referred t0 as “Jones”) and
the City of Bloomington by its Housing and Neighborhood Development Department (hereinafter
referred to as “HAND”), who are hereinafter referred to collectively as the “Parties”.

Recitals

WHEREAS, litigation is currently pending in various stagesby HAND

which was initiated

against Jones in the Monroe Circuit Court under the following cause numbers: 53CO4-1802-OV—
00001 1, 53C08-171 1-OV-OOOO37, and 53C08—1712-OV-000041; and

WHEREAS, the following judgments have been entered in favor 0f HAND and against Jones:
0 53C08-131 1-OV-000053 1001 E. Azalea 48,250.00
0 53C04-13 lZ-OV-OOOOSS 1037 E. Emery 44,750.00
0 53C08-l312—OV-000058 1001 E. Chris 30,250.00
0 53C08-I4l0-OV-000046 410-412 S. Walnut 23,900.00
I 53C08-1410-OV-000047 3939 W. Roll 22,200.00
0 53C08-1410-OV-000048 916 S. Larkspur 43,000.00
0 53C08-1410-OV-000049 912 S. Larkspur 19,800.00
0 53C08-1410-OV-000050 1305 W. Woodhill 36,200.00
0 53C08-14IO-OV—000051 1001 E. Chris 16,900.00
0 53C08-1410—OV—000052 1029 E. Azalea 26,400.00
0 53C08~1410-OV-000053 3095 S. Walnut 15,000.00
0 53CO8-1410-OV-000054 1033 E. Emery 32,200.00
0 53C08—1501-OV-000004 1040 E. Chris 20,900.00
0 53C08-l602-OV-000008 1401 W. Woodhill 24,250.00 (from 55,500.00)

That equate to a total remaining balance due and owing (without statutory interest calculated) of
$404,000.00; and

WHEREAS, on April 16, 201 9, a bench was conducted in Cause Number 53C08—17l l-OV-
trial

000037 for the property located at 3225 S. Walnut Springs with the Court issuing its Order on June
4, 2019, which, in part, directed Jones to bring the property into full compliance no later than July
5, 201 9, 0r cause the same to be vacated, and entered a Judgment 0f $75,400.00 in favor of HAND
and against Jones; and

WHEREAS, on May 14, was conducted in Cause Number 53C08-1712-OV-

2019, a bench trial

000041 for the property located at 3789 McCracken Way relating to five tenant complaints with
the Court issuing its Order on June 30, 2019, with a judgment entered in favor of HAND and
against Jones in the amount of $56,900.00; and

WHEREAS, a two day bench trial is scheduled in Cause Number 53C04-1802-OV-000011 for
August 5, 2019, and August 6, 2019, for the rental property located at 3300 O’Dell with potential
fines of approximately $680,000.00; and
WHEREAS, the following properties are currently out of compliance with Title 16 of the
Bloomington Municipal Code (“BMC Title 16”):

1104 E. Azalea: Valid tenant complaint. Failure t0 maintain property: Repair the A/C unit,

repair the garage door; repair the front porch (rotting supports). Fines as of June 24, 2019:
$4,600.00 ( 100 x 46 days out of compliance). Thesefines are ongoing.

924 S. Larksgur: Valid tenant complaint unresolved since 2/1 1/19: Sewer back up and
smoke detector issues. Fines as of June 24, 2019: $13,300.00 (100 x 133 days out of
compliance). Thesefines are ongoing.

1401 W.Woodhill: Valid tenant complaint unresolved since 2/15/2019: furnace needs
replaced. The furnace does not work. Also: leaking kitchen sink, water damage to bedroom
ceiling, missing smoke detectors, mold, missing handrails etc. Fines as 0f June 24, 2019:
$12,900.00 (100 x 129 days out of compliance). Additional neighbor complaint was filed
with the City against Jones on this property 0n July 10, 2019, alleging failure to maintain the
exterior 0f the home. Inspections for said complaint have yet to be conducted. This property
is vacant as ofJuIy 10, 2019.

3789 McCracken Wax: Off Cycle Inspection unresolved since 8/22/2018: Fines as 0f
June 24, 2019: $30,600.00 (100 x 306 days out of compliance). Thesefines are ongoing.

3939 W. Roll: Permit expired 4/27/201 8. Property remains occupied without valid permit.
Fines as of June 24, 2019: $42, 600.00 (100 x 426 days out of compliance). Thesefines are
ongoing.

908 Larksgur: Permit expired 4/27/201 8. At some point prior to the cycle being
S.
completed the property became vacant. In January 2019 Jones scheduled the property for a
new cycle. Since then Jones has allowed this property to become reoccupied even though the
property still does not have a valid occupancy permit. And the new tenant filed a tenant
complaint which remains unresolved. The remaining violations from the new
this spring

cycle inspection likewise remain unresolved. Fines have not been calculated.

1029 E. Azalea: Permit expired 9/16/201 8 and is still out ofcompliance. Fines have not
been calculated.

WHEREAS, the Parties have met, conferred, and agreed t0 settle all issues in the above referenced
matters with the intention 0f avoiding additional expense, undue delay, or uncertainty of litigation
and for the purpose of promoting judicial economy and settling all past judgments.

NOW, THEREFORE, the Parties agree as follows:

l. Settlement:

a. Jones shall bring and keep the following properties into full compliance with BMC Title
16 as follows:

i. 3300 O’Dell: Fully Compliant with BMC Title 16 0n or before September 13, 2019,
in accordance with the following time line: Re—Inspection by HAND
shall occur
on August 27‘“; should there be any remaining violations thereafter, a final re-

2
 inspection shall occur on September 6, 2019. Jones shall pay all invoicing no later
than the close of business on September 13, 2019.

ii. 3225 S. Walnut Springs: Permit issued, property is compliant

iii. 1104 E. Azalea: Fully compliant with BMC Title 16 on 0r before August 27th

iv. 924 S. Larkspur Compliant, permit issued, if any remaining issue to be fully
compliant with BMC Title 16 by August 27th

V. 3789 McCracken Way: Fully Compliant with BMC Title 16 on 0r before

September 23, 2019, in accordance with the following time line: Re-inspection by
HAND shall occur on September 6, 2019; should there be any remaining violations
thereafter, a final reinspection shall occur on September 16, 2019. Jones shall pay
all invoicing no later than the close of business 0n September 23, 2019.

vi. 3939 W. Roll: Reinspection completed, permit issued no later than August 27‘“

vii. 908 S. Larkspur: To be fully compliant no later than August 27‘“

viii. 1029 E. Azalea: To be fully compliant n0 later than August 27‘“.

ix. 1401 W. Woodhill: 1401 W. Woodhill shall remain vacant until and unless Jones
brings the property into full compliance with Title 16.

Full compliance means HAND issued valid occupancy permits for each and every property
listed herein (which presupposes that Jones corrected all noted violations in the cycle report
and paid all invoices due and owing), and/or corrected each and every remaining violation
of each and every tenant complaint in each and every unit on each and every property so
listed herein. NOTE: Correction of a noted violation in any HAND report means that Jones
not only fixed the noted violations in the respective reports issued by HAND but then
scheduled the property for reinspection and HAND reinspected the property and
determined to HAND’s satisfaction that the violations were in fact all corrected).
W
b. Jones shall pay to
Mav QMer
HAND the total sum of$750,000.00 asfouowss
‘5‘. ’Z.O\q
on) 0r bQ‘G'm
W
6‘51 a
.
 —Iary 30, 2020, th g

"J. $iii.v6.
iii. If Jones
t

fails to pay the $750, 000, 00 t0 HAND on or before Febmm-y-29 Novm

E, 2m then this entire Settlement Agreement ls null and void.
fllghq
If Jones complies with a and b above, then HAND will d0 the following:

i. Vacate the Agreed Judgment signed by the parties and so entered by the Court
Number 53C04—1 802-OV-000011
entered under Cause ;

ii. Vacate the judgment so entered by the Court under Cause Number 53C08-171 1-
OV-000037;
iii. Vacate the judgment so entered by the Coun under Cause Number 53C08—1712-
OV-000041;
iv. Not assess fines or file suit against Jones for any violations pre-dating this
agreement at the following properties: 1104 E. Azalea, 924 S. Larkspur, 1401 W.
Woodhill, 3789 McCracken Way, 3939 W. Roll, 908 S. Larkspur, 1029 E. Azalea.

Jones shall, for a period oftwo years, through to and including August 2, 202 1 keep each ,

and every one of his rental properties located in the City of Bloomington, whether a part
0f this agreement or not, and regardless of whether they are owned by Jones or any other
entity owned in whole 0r in part by Jones, fully compliant with Title 16 of the
Bloomington Municipal Code. Full compliance includes, by way of example, and not by
way of limitation, doing the following:
i. Keep each and every rental property registration form up to date with HAND.
ii. For all new and unregistered rental properties owned by Jones, Caladbolg
Corporation or Pendragon Properties, do all ofthe following prior t0 any occupancy
by tenants of the same:
1. register the new rental property with HAND;
2. complete a cycle inspection;
3. promptly correct all noted violations;

4. promptly pay all issued invoices; and

5. receive a valid occupancy permit.
iii. Promptly, and no later than 15 days from the execution date, record with the
Monroe County Recorder’s Office and deliver a copy to HAND, each and every
land contract executed and entered into by Jones, Caladbolg Corporation,
Pendragon Properties or any other Jones owned entity for any and all rental
properties located in the City of Bloomington.
iv. Schedule all cycle inspections for each and every rental property in the City of
Bloomington t0 occur at least60 days prior to the expiration of the occupancy
permit as required by Title 16 Ofthe Bloomington Municipal Code; and
v. For Cycle and Off Cycle Inspections: Correct any and all noted violations in any
and all Cycle or Off Cycle Inspection Reports within the initial 6O day correction
 period noted in said reports. Promptly schedule with HAND the reinspection t0
ensure that all violations were in fact corrected within the 60 day correction period;
and
vi. For Tenant Complaints: Correct any and all noted violations in any and all tenant
complaint inspection reports within the required correction period noted in said
reports. Promptly schedule with HAND the reinspection t0 ensure that all violations
were in fact corrected within the noted correction period ;
and
vii. Promptly pay within the time required by HAND all invoices issued by HAND.
e. If Jones complies with paragraph d above, HAND shall release each of the following
judgments as having been paid in full: 53C08-131 l-OV-OOOOS3, 53C04-1312-OV-000055,
53C08-1312—OV—000058, 53C08-1410-OV—000046, 53C08-1410-OV-000047, 53C08-1410-
OV-000048, 53C08-1410-OV-000049. 53C08-1410-OV-000050, 53C08-1410-OV-000051,
53C08-1410—OV-000052, 53C08—l410-OV-000053, 53C08-1410-OV-000054, 53CO8-1501-
OV-000004, and 53C08- 602-OV-000008. IfJones fails to comply with paragraph d above, then
l

none of the judgments so identified shall be released and HAND shall immediately begin post
judgment collection actions against Jones.

2. Disclaimer. It is expressly warranted by each party that no promise or inducement has been
offered except as herein set forth; that this Settlement Agreement is executed without reliance
upon any statement or representation of any other party hereto, or its representatives,
concerning the nature and extent of the obligations and claims; that acceptance of the
considerations set forth herein is in full accord and satisfaction of disputed claims. The parties
enter into this Settlement Agreement merely for the purpose 0f avoiding extended, time-
consuming, and expensive litigation.

3. Recitals. The Recitals are an integral part of this Agreement and are incorporated herein as if

fully set forth.

SO AGREED BY THE PARTIES HEREIN:

' '

Cltyo fBl 00 ngtonlfl:

By: M
Doris Sims: Director
Housing and Neigh rhood Development
Jefffinés'
gm“ w

APPROVED AS TO FORM ONLY:

23‘

Christopir J. égeeler CQL EL Q‘B / long ' 5 3

Assistant City Attorney Attorney for the Defendant