Item R3 � R.3
� � �, BOARD OF COUNTY COMMISSIONERS
County of Monroe � ��r�i
�r � s�� Mayor Heather Carruthers,District 3
The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2
Craig Cates,District 1
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
July 15, 2020
Agenda Item Number: R.3
Agenda Item Summary #7108
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Paunece Scull (305) 295-3170
n/a
AGENDA ITEM WORDING: Approval of pre-suit settlement agreement waiving fines and costs
in CE16100059 and CE18060016 in consideration of contemporaneous conveyance of Tract PT,
Pine Key Acres, Big Pine Key (RE00111074-040000 29760 Chickasaw Street, Big Pine Key) to the
Monroe County Land Authority for conservation purposes.
ITEM BACKGROUND:
Daniel Rubio and Vivian Kramer(Rubio) own two separate parcels on Big Pine Key that have two
separate code cases.
Code Case CE16100059 was initiated for violating zoning/use restrictions and building without a
permit. The property involved is vacant residential land located at Tract PT, Pine Key Acres, Big
Pine Key (29760 Chickasaw Street, Big Pine Key). The property remains non-compliant and current
fine of$181,500.00 and costs of$575.75 total $182,075.75.
Code Case CEl 8060016 was initiated due to dumping and construction without a permit for a
property located at 29192 Iris Drive, Big Pine Key. The property is a single-family residence that is
not a homestead. The property is compliant. However, a fine of$15,800.00 and costs of$661.52
total $16,461.52 and remain unpaid. These unpaid fines and costs are also attached to the property
located at 29760 Chickasaw Street, Big Pine Key.
The property owners, wishing to resolve Code Case CE16100059, contacted the Monroe County
Land Authority (MCLA) and requested that they be allowed to convey the vacant land located at
Tract PT, Pine Key Acres, Big Pine Key (29760 Chickasaw Street, Big Pine Key), to MCLA for
conservation purposes. The Monroe County Property Appraiser's Just Market Value for the
property is $46,400.
Before the MCLA can accept title all outstanding liens must be resolved. Staff recommends, in light
of the property owners conveying the parcel to the MCLA for conservation purposes, that all
outstanding fines and costs be waived. The MCLA has a contemporaneous Agenda Item requesting
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R.3
permission to accept the conveyance of this property.
The proposed settlement agreement would formalize the terms of the agreement to waive the fines in
exchange for the property owners freely and voluntarily conveying the property to the MCLA and
include a mutual release of any and all claims capable of being raised.
PREVIOUS RELEVANT BOCC ACTION:
None.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Email from Rubio re: Intent to Convey
Rubio Settlement Agreement
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract: n/a
Total Cost to County: n/a
Current Year Portion: n/a
Budgeted: n/a
Source of Funds: n/a
CPI: n/a
Indirect Costs: n/a
Estimated Ongoing Costs Not Included in above dollar amounts: n/a
Revenue Producing: No If yes, amount: n/a
Grant: n/a
County Match: n/a
Insurance Required: No
Additional Details:
N/A
REVIEWED BY:
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R.3
Bob Shillinger Completed 06/30/2020 4:58 PM
Paunece Scull Completed 07/06/2020 3:54 PM
Purchasing Completed 07/06/2020 4:00 PM
Budget and Finance Completed 07/07/2020 11:37 AM
Maria Slavik Completed 07/07/2020 12:17 PM
Kathy Peters Completed 07/07/2020 4:41 PM
Board of County Commissioners Pending 07/15/2020 9:00 AM
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R.3.a
Rosch-Mark
From: Vivian Kramer-Rubio <kramervivian@yahoo.com>
Sent: Monday,June 29, 2020 12:18 PM
To: Rosch-Mark E
Cc: McPherson-Cynthia; Bergh-Beth
Subject: 29760 Chickasaw Street, Big Pine Key, FL 33043
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CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or
open attachments you were not expecting.
RE#00111074-040000 cg
Tract PT Pine Key Acres co
Per our conversation of this morning June 29th, 2020, this letter will confirm that myself Daniel Rubio and my wife Vivian
Kramer-Rubio owners of the above mentioned property are willing to donate this property to the Monroe County Land
Authority if all code fines and fees are waived.
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Daniel Rubio CD
Vivian Kramer-Rubio
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R.3.b
MONROE COUNTY FLORIDA,
Petitioner, Case Nos. CE16100059
CE18060016
V.
DANIEL RUBIO and
VIVIAN KRAMER-RUBIO,also known as
VIVIAN KRAMER c
Respondents.
SETTLEMENT AGREEMENT
MONROE COUNTY, FLORIDA ("the County), and DANIEL RUBIO and VIVIAN KRAMER- co
RUBIO, also known as VIVIAN KRAMER ("the Property Owners"), hereby agree to settle the existing U
code enforcement liens imposed by the Special Magistrate regarding real property described as Tract PT,
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Pine Key Acres, having an RE Number of 001 1 1 074-040000 and a street address of 29760 Chickasaw CD
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Street,Big Pine Key,Florida("the Pine Key Acres property")and Block 2,Lot 1,Eden Pines Colony Third
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Addition, having an RE Number of 00270610-000000 and a street address of 29192 Iris Drive, Big Pine
Key, Florida("the Eden Pines Colony property") as follows: m
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1. The County brought Code Enforcement Case Numbers CE16100059 and CE18060016 against e
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the Property Owners as a result of violations of Monroe County Code.
2. This Settlement Agreement shall take effect once executed by the parties.
3. Code Case CE 16100059 was initiated for violating zoning/use restrictions and building without
a permit on the Pine Key Acres property. The property remains non-compliant and current
fines of$181,500.00 and costs of$575.75 total $182,075.75.
4. Code Case CE18060016 was initiated due to dumping and construction without a permit on
the Eden Pines Colony property. The property is a single-family residence that is not a
homestead. The property is now compliant. However, a fine of$15,800.00 and costs of
$661.52 total $16,461.52 and remain unpaid. These unpaid fines and costs are also attached
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to the Pine Key Acres property.
5. The Property Owners, wishing to resolve their code cases, propose to donate the Pine Key
Acres property to the Monroe County Land Authority provided the County waives the
outstanding fines and fees in Code Cases CE16100059 and CE18060016.
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R.3.b
6. The Property Owners agree to:
• Freely and voluntarily, convey the Pine Key Acres property to the Monroe County
Land Authority for conservation purposes.
7. Once the Property Owners have executed a deed conveying the Pine Key Acres property to the y
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Monroe County Land Authority and have executed this Settlement Agreement:
• The County will issue a release and satisfaction of the underlying code enforcement
liens. u�
8. The parties agree the Closing Agent for the transaction will record the deed, this Settlement
Agreement, and the Satisfaction/Release of the underlying code enforcement liens in the co
Official Records of Monroe County. CJ
9. By entering into this Settlement 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 aLO
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result of the Code Enforcement cases and each party shall bear its own costs and attorney's
fees other than specified in this Settlement Agreement.
MONROE COUNTY, FLORIDA
Mayor Heather Carruthers
ATTEST:
KEVIN MADOK, CLERK
as Deputy Clerk
Daniel Rubio zvlolirvian Kramer-Rubio, also known as Vivian Kramer
P.O. Box 2266 P.O. Box 2266
Umatilla, Florida 32784 Umatilla, Florida 32784 2
STATE OF: —
COUNTY OF: oA.
Subscribed and sworn to or affirmed before me, b means of E
( ) y C�physical presence or❑online notarization, on
(d te�by iqj an V' i 'Kramer-Rubio,also known as Vivian Kramer,who are personally
known to me or produced / � J �i1 SSG a (type of isl'ntific ion)as identification.
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