Case No. CE05020373
DANNYL. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
February 26, 2008
TO:
Suzanne A. Hutton
County Attorney
ATTN:
FROM:
Kathy M Peters
Executive Assistant
Pamela G. Hanc~
Deputy Clerk CJO
At the February 20, 2008, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
Settkment Agreement with Robert E. Spencer and Wanda Spencer in Code Enforcement
Case No. CE05020330.
/Settle:ment Agreement with Eloy and Margaret Lopez III Code Enforcement Case
CE05020373, in the amount of $9,868.50.
Enclosed are the original Settlement Agreements for your handling. Should you have any
questions please do not hesitate to contact this office.
cc: Finanr
File"
BEFORE THE CODE ENFORCEMENT SPECIAL MASTER
OF MONROE COUNTY, FLORIDA
The Honorable Larry Sartin, Presiding
MONROE COUNTY, FLORIDA
Petitioner,
vs. Eloy & Margaret Lopez
Respondent(s).
CASE NO.: CE05020373
/
SETTLEMENT AGREEMENT
WHEREAS:
.1. The property in question has a legal description of RE:
00126450000000, with a street address of 6401 6th St., Stock Island Florida 33040,
Monroe County, Florida (the "Property"); and
2:. On or about March 2, 2005, Monroe County filed the above-referenced Code
Enforcement case against the property owners Eloy and Margaret Lopez regarding the
Property, in which the allegations were that the property owner violated the following
sections of the Monroe County Code: 15.5-21 (failure to timely connect to sewer
system); and
3. On 1/27/06, the Special Magistrate found the Plroperty in violation as alleged
and imposed fines in the amount of $1 00 per day per count to begin running on 3/23/06
if not corrected prior to that time; and
4. Fines ran from 3/23/06 to 10/17/06, for a total of $19,600.00, plus an
administrative cost imposed in the amount of $100 and a recordation fee in the amount
of $18.50, for a total of $19,718.50; and
5. The Code violations were corrected on 10/17/2006, however, no portion of
the fines were paid, and the order imposing the fines constitutes a lien on the Property
running in favor of Monroe County per Section 162.09, Florida Statutes; and
6. The property owners have represented that they are in the process of selling
the Property; and
7.. The sellers rint names:
Z. r ~eT" <1.0 ~-z... have expressed an interest in
settling the accrued fines in t is matter as part of the sale and purchase of the Property;
8. The County is interested in assisting the sellers ,and buyers (collectively,
"Respondents") in correcting the Code violations and resolving the Code Enforcement
case.
NOW THEREFORE, THE PARTIES AGREE AS FOllOWS:
1. Monroe County has offered to accept and Buyets have agreed to pay
$9,868.50 (the "Settlement Amount") in full and final settle",ent of any fines imposed by
the SpeCial Magistrate in this matter up to and including the date of execution of this
agreement, contingent on payment within the time frame expressed in paragraphs (3)
and (4) below.
.!. The Settlement Amount will be paid out of the proceeds of the sale of the
Property from Seller to Buyers.
~i. Said sale is scheduled to be completed on or about March 15, 2008.
4. If for any reason said sale is not completed by March 25, 2008, and/or if the
Settlement Amount is not paid to the County as part of the closing, then this agreement
is null and void, and the full amount of the outstanding fines and costs listed above
remains due and owing.
5. The Respondents shall remit a signed and notlilrized original of this
settlement agreement. Following receipt of the settlemen~ agreement, staff will present
this settlement agreement to the Monroe County Board of County Commissioners for
approval at its next regularly scheduled meeting. The parlies understand that this
Settlement Agreement is expressly conditional upon approval by the BOCC.
6. Within thirty (30) days of payment of the Settlement Amount, the County shall
provide to Respondents a release and satisfaction of said lien, which the Buyers shall
record in the Official Records of Monroe County.
7. Each party shall bear its own costs and attorneys' fees other than as
specified in this agreement.
.,
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Deputy Clerk
FES 2 0 2008
By
Dated
SELLER ELOV LOPEZ
By4/~
(PRINT NAME)
(date)
O./;Kt~Q ~~L-
Notary Public
SELLER MARGARET LOPEZ
By 04ASi1A10~y
(PRINT NAME)
(date)
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BEFORE THE CODE ENFORCEMENT SPECIAL MASTER
OF MONROE COUNTY, FLORIDA
The Honorable Larry Sartin, Presiding
MONROE COUNTY, FLORIDA
Petitioner,
vs. Eloy & Margaret Lopez
Respondent(s).
CASE NO.: CE06020373
/
SETTLEMENT AGREEMENT
WHEREAS:
" 1. The property in question has a legal dElscription of RE:
00126450000000, with a street address of 6401 E)lI1 St., Stock Island Florida 33040,
Monroe County, Florida (the .Property"); and
:2. On or about March 2, 2005, Monroe County filed the above-referenced Code
Enforcement case against the property owners Eloy and Margaret Lopez regarding the
Properly, in which the allegations were that the property owner violated the following
sections of the Monroe County Code: 15.5-21 (failure to timely connect to sewer
system); and
:I. On 1/27/06, the Special Magistrate found the jl)roperty in violation as alleged
and imposed fines in the amount of$100 per day per count to begin running on 3123/06
if not corrected prior to that time; and .
4. Fines ran from 3/23106 to 10/17/06, for a total of $19,600.00, plus an
administrative cost imposed in the amount of $100 and a recordation fee in the amount
of $18.50, for a total of $19,718.50; and
S. The Code violations were corrected on 10/1712006, however, no portion of
the fines were paid, and the order imposing the fines constitutes a lien on the Property
running in favor of Monroe County per Section 162.09, Florida Statutes; and
Eii. The property owners have represented that they are in the process of selling
the Property; and
r/ 7. The s IIers (print names:
C/.:.. ' y 7J." have expressed an interest in
setlr g the accrued fin in this matter s pert of the sale and purchase of the Property;
8. The County is interested in assisting the selle/'$ and buyers (collectively,
"Respondents.) in correcting the Code violations and resoMng the Code Enforcement
case.
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1" Monroe County has offered to accept and BuYElrs have agreed to pay
$9,868.50 (the .Settlement Amounr) in full and final settle~ent of any fines imposed by
the Special Magistrate in this matter up to and including th, date of execution of this
agreement, contingent on payment within the time frame ebcpressed in paregraphs (3)
3. Said sale is scheduled to be completed on or about March 15, 2008.
4. If for any reason said sale is not completed by March 25, 2008, and/or if the
Settlement Amount is not paid to the County as part of the closing, then this agreement is null and
void, and the full amount of the outstanding fines and costs listed above remains due and owing.
5. The Respondents shall remit a signed and notarized original of this settlement
agreement. Following receipt of the settlement agreement, staff will present this settlement
agreement tC) the Monroe County Board of County Commissioners for approval at its next regularly
scheduled meeting. The parties understand that this Settlement Agreement is expressly
conditional upon approval by the BOCC.
6. Within thirty (30) days of payment of the Settlement Amount, the County shall
provide to Respondents a release and satisfaction of said lien, which the Buyers shall record in the
Official Records of Monroe County.
1. Each party shall bear its own costs and attorneys' fees other than as specified in
this agreEii'nent. /1
FES 2 0 2008
11,1.
Dated
Notary Public
SELLER ELOY LOPEZ
By
(P~INT NAME)
(date)
Notary Public
SElLER MARGARET LOPEZ
By
(PRINT NAME)
(date)
~aj.L. U-r?~~
Notary p"hl;r
ri... ""ill'" DEBORAH A. CONOElLA
4' ~:, MY COMMISSION' 00 518756
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(PRINT NAME) J>/1-V/t:1 (date)
BUYER ..r .., t" J;7L
By
(PRINT NAME)
Notary Public
(date)
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