Case No. 2005-CA-420-K
DANNYL. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
April 23, 2007
TO:
Suzanne A. Hutton
County Attorney
FROM:
Kathy Peters
Executive Assistant
Pamela G. Hanc~
Deputy Clerk r:.:Y
A TTN:
At the April 18, 2007, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
/ Settlement Agreement to resolve Circuit Court Case No. 2005-CA-420-K, Monroe
County v. Pedro Martiniano Liz, regarding unpaid code enforcement liens. Enclosed is the
original Agreement for your handling.
Mayor to execute a corrected Agreement for Sale and Purchase approved 07/19/2006
correcting the name of the Seller to reflect Drive-In, L TD (previously shown as Island Village,
LLC), with a leaseback to Islander Village, LLC as the developer of the affordable housing units,
and providing for an access easement across County property for market rate housing units which
should have been included in the original Agreement. The effective date of the corrected
Agreement would be retroactive to 07/19/2006 when the original Agreement was approved by the
Board. Enclosed are three duplicate originals for your handling.
Should you have any questions please do not hesitate to contact this office.
cc:
Finange
File .I
IN THE CIRCUIT COURT OF THE 16TH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
LOWER KEYS CIVIL DIVISION - JUDGE JONES
MONROE COUNTY, FLORIDA
Plaintiff,
vs.
CASE NO.: 2005-CA-420-K
PEDRO MARTINIANO LIZ,
Defendant.
/
SETTLEMENT AGREEMENT
The Plaintiff Board of County Commissioners of Monroe County (hereinafter
("the County") and the Defendant Pedro M. Liz ("Liz") hereby agrees to settle the above-
styled matter as follows:
WHEREAS the County brought this action to enforce unpaid code enforcement
liens filed against Liz and his property located at Lots 1 and 50, Block 13, Square 46,
Maloney Subdivision, Stock Island, Key West, Monroe County, Florida; RE number
00126060-000000, ("the property") as a result of violations found in Code Enforcement
case numbers L2-02-904 and M9-0l-293; and
WHEREAS said liens were imposed to secure daily fines totaling $600.00 per day
one of which commenced running on November 26, 2001, the second of which
commenced running on March 22, 2002, both of which continue to accrue until the
property is either brought into compliance or foreclosed upon by the County; and
WHEREAS the County's lien against the property, as of March 1, 2007, had
reached $1,095,200.00 plus costs and attorneys fees; and
WHEREAS the County's incurred costs in the amount of$228.64 and attorney's
fees in the amount of $2,500.00 in its efforts to collect this fine as of the date ofthis
agreement; and
WHEREAS the Defendant's declining mental health has necessitated the
appointment of a guardian by the Court in case number 44-2006-MH-46-K; and
WHEREAS, the Defendant's mental health status raises questions about his
ability to appreciate the nature and consequences of the underlying code enforcement
actions and the above-styled matter; and
WHEREAS, in consideration of the provisions stated herein, the Guardian for the
Defendant has agreed to waive any and all issues related to the Defendant's competency
as it pertains to the defense of this matter; and
WHEREAS the parties desire to resolve their differences amicably and reach a
good faith settlement of this matter; now therefore, the parties agree to:
I. Within 365 days ofthe date this agreement is approved by the County
Commission, the Defendant agrees to remedy all violations referenced in
Code Enforcement cases L2-02-904 and M9-01-293 from the property.
2. If said violations have been cured by the compliance date set forth in
paragraph one of this agreement, the fines imposed by the Code
Enforcement Special Magistrate shall be forgiven completely except as
more fully set forth herein.
3. If said violations have not been cured by the compliance date set forth in
paragraph one of this agreement, the Defendant or his agent, including but
not limited to personal representative, guardian, and/or attorney in fact,
will acknowledge a valid Monroe County Code Enforcement Lien against
the property in the agreed amount of$I,500,000.
4. The compliance date set forth in paragraph one ofthis agreement may be
extended by agreement, or ifno agreement is reached between the parties,
by the Court for good cause shown.
5. The Defendant agrees to the Court entering judgment against him in the
amount of $3,000.00 to secure payment of the County's costs and
attorney's fees in this matter. Said amount shall represent the total fines
and costs owed by the defendant. Said judgment shall be entered by the
Court at the time it approves this settlement agreement and shall be
secured by a lien against the property in the aforementioned amount if not
paid within 60 days of the court's judgment.
6. Defendant acknowledges that, to become effective, this agreement must be
approved by the Board of County Commissioners at a duly advertised,
public meeting.
7. By entering into this agreement, the 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 a result of the above-captioned code enforcement
case.
8, Both parties warrant that they have had an opportunity to consult with
counsel before entering into this agreement.
9. Each party agrees to bear its own costs and attorney's fees other than as
specified in this agreement.
10. The Court shall retain jurisdiction over the matter to ensure compliance
with the terms of this agreement. Should any party seek to invoke the
power of the Court to compel compliance with the terms ofthis
agreement, the prevailing party shall be entitled to its reasonable costs
including attorney's fees.
II.
This three page agreement represents the entire agreement. There are no
separate or side agreements, either written or verbal, that apply to this
matter.
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Dated APR 1 8 ZOO7
BOARD OF COUNTY COMISSIONERS
OF MONROE CO Y aintiff
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By;,
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Mario Di Genarro, Mayor
For the Defendant Pedro M. Liz,
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NOTARY PUBLlC.ST,\T,; G" FLORlD'
W Sally Jo valenzuela
Commission # DD531632
Expires: MAY 01, 2010
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Dated
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