Item P4County of Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
IleOI1da Keys
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Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District I
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George Neugent, District 2
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Heather Carruthers, District 3
County Commission Meeting
April 19, 2018
Agenda Item Number: P.4
Agenda Item Summary #4033
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Steve Williams (305) 289 -2584
N/A
AGENDA ITEM WORDING: Approval of a Mediation Agreement for a Code Compliance Lien
Foreclosure case styled, Monroe County v. Jose Lima and Maribel Reyes, Circuit Court Case No.:
17- CA -28 -P, regarding real property located at 786 Dolphin Ave., Key Largo, FL 33037.
ITEM BACKGROUND:
On April 2, 2013 the County brought action against code enforcement case number CE13040011 to
enforce compliance and payment on a code enforcement lien against Defendants Jose Lima and
Maribel Reyes, and their property located at 786 Dolphin Ave., Key Largo for failure to obtain
required building permits and permit conditions. A compliance date of June 15, 2015 was ordered by
the Code Compliance Special Magistrate. Defendants did not gain timely compliance by the June 15,
2015 compliance date. Since the code violations were not corrected the fines ordered by the Special
Magistrate began to accrue as of June 16, 2015 at $250.00 per day. Defendants gained compliance
on June 13, 2017; therefore, fines ran for 728 days at $250 per day for a fine amount of $182,000
plus costs of $435.84 totaling $182,435.84.
On January 17, 2017, the County filed a lawsuit in the Circuit Court case number 17- CA -28 -P. Per
the Circuit Court scheduling order mediation was required. At the February 7, 2018 mediation an
agreement was reached. The parties agreed that defendants would pay ten percent of the current fine
amount plus costs in twelve monthly installments. The first payment would be due June 20, 2018
and would be paid through May 20, 2019. After the final payment is received the County will
dismiss the civil action against the defendants and release the lien.
PREVIOUS RELEVANT BOCC ACTION:
June 15, 2016 approval to initiate litigation.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Mediation Agreement
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
REVIEWED BY:
Steve Williams
Completed
Bob Shillinger
Completed
Kathy Peters
Completed
Board of County Commissioners
Pending
03/23/2018 2:02 PM
04/03/2018 2:43 PM
04/03/2018 6:10 PM
04/19/2018 9:00 AM
IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
Monroe CoLinty, Florida
a political subdivis ora Case No. 17 C;A -2g -D
of flic State of Florida .
Plaintiff,
V.
Jose Linn a Lind,
lsaribel Reves
Defendant
THIS ACTION having come to mediation as agreed to by all counsel and being
heard by Mediator EUGENE KYLE, ESQ. on the 7th day of February, 2016, at 1:00 p.m
the parties hereby stipulate and agree to the following hatters and /or issues:
The Plaintiffs will accept the sure of TEN PERCENT of the current fine of
5182,500.00, amounting to EIGHTEEN THOUSAND ($18,200.00 (EIGHTEEN
THOUSAND TWO HUNDRED AND 00 /100 DOLLARS), together with costs of
approximately 43 5.84, to be divided into twelve (12) monthly payments to the Plaintiff.
The first payment will begin after the County agrees to it, should that happen, on 6/20 /18,
and will be paid through 5 /20 /19.
This agreement is subject to and becomes effective only upon the approval and
ratification of the Monroe County Board of Commissioners, and will be null and void if it
is not so approved and ratified.
The parties further agree:
There is good and valuable consideration for this agreement.
2. The parties have entered into this agreement knowingly, freely, and
voluntarily, having determined that they have adequate information upon
which to make inforrned decisions and having decided that it is in their best
interests to amicably resolve this action..
The Mediator has given no legal advice to either party.
4. Time is of the essence.
5. Each party will cooperate with the other and execute any documents necessary
or convenient to the effectuation of this agreement.
6. Except as may otherwise be specifically stated herein, this is the entire
agreement between the parties to this date. There are no promises or
understandings except as set out herein. Any prior understandings are
repudiated.
7. Neither party is under coercion or duress. Neither has been forced into this
agreement or threatened in any way.
8. Neither party knows of any fact or circumstance, which would cause this
agreement to be void or unenforceable.
9. Each party intends to be bound by this agreement and provides that it is
binding on their heirs, beneficiaries, successors and assigns.
10. This agreement is effective upon signing. Each party hereto will pay it's share
of the Mediation fees within seven (7) days of execution of this agreement..
All matters raised at the Mediation Conference remain privileged and
confidential, unless otherwise agreed to by all parties and ordered by the Court.
Dated this day of February, 2018.
Signature of Plaintiff's Counsel, STEVEN WILLIAMS, Esq.
Signature of Defendant Maribel Reyes