2015-CA-134-P 06/10/2015 f
• BOARD OF COUNTY COMMISSIONERS
C • Mayor Danny L.Kolhage,District 1
ounty of Monroe J _ Mayor Pro Tem Heather Carruthers,District 3
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The Florida Keys --- - George Neugent,District 2
David Rice,District 4
Sylvia J.Murphy,District 5
Robert B.Shillinger,County Attorney** Office of the County Attorney
Pedro J.Mercado,Assistant County Attorney** 1111 12th Street,Suite 408
Natileene W.Cassel,Assistant County Attorney** Key West,FL 33040
Cynthia L.Hall,Assistant County Attorney** (305)292-3470-Phone
Christine Limbert-Barrows,Assistant County Attorney** (305)292-3516-Fax
Derek V.Howard,Assistant County Attorney**
Lisa Granger,Assistant County Attorney
Steven T.Williams,Assistant County Attorney o '1
Peter H.Morris,Assistant County Attorney m
Chris Ambrosio,Assistant County Attorney — O
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**Board Certified in City,County&Local Govt.Law "..1c t) cp
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MEMORANDUM -70
TO: Cheryl Murphy-Robertson, Executive Aide to th
env„ —
FROM: Kathy M. Peters, CP, County Attorney's Office r
RE: AGENDA ITEM N-6: BOCC Meeting 6/10/15
DATE: June 23, 2015
Enclosed please find one (1) copy of the fully executed Settlement Agreement received by this office
today for transmittal to the Clerk for filing in the Clerk's official BOCC records that correlates with
the above-referenced agenda item approved by the Monroe County Board of County Commissioners on
June 10,2015.
Please note: The Settlement Agreement was prepared, and approved as presented, for execution
by the other party and Assistant County Attorney Steve Williams (not the Mayor).
N. COUNTY ATTORNEY- CONTINUED
6. Approval of a settlement agreement in Code Case CE13040158 and Case Number CAP15134
between Monroe County and Jose and Mirta Gonzalez and Elena Morejon regarding the lot located
at 16 Pigeon Drive,Key Largo, Florida 33037.
KMP:
Enclosure: One(1) copy of the fully executed Settlement Agreement for BOCC records
E.
:_ SCANNED
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IN THE CIRCUIT COURT OF THE 16"JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY,FLORIDA
CIVIL DIVISION
MONROE COUNTY,a political
subdivision of the State of Florida, Case No.:2015-CA 134-P
Hon.Luis Garcia
Plaintiff
v.
Jose and Mirta Gonzalez,and
Elena Morejon,
Defendant(s).
SETTLEMENT AGREEMENT
The Plaintiff,Board of County Commissioners of Monroe County("County")and
Defendants,Jose and Mirta Gonzalez,and Elena Morejon,the parties agree to settle the above-
styled matter as follows:
1. The County brought this action to enforce an unpaid code enforcement lien against
Jose and Mirta Gonzalez,and Elena Morejon,and their property located at Lot 15,
Block 11,SEXTON COVE ESTATES RESUBDIVISION,according to the Plat
thereof,recorded in Plat Book 6,Page 30 of the Public Records of Monroe County,
Florida.Also known as 16 Pigeon Drive,Key Largo,Florida 33037,Monroe County,
Florida(RE#:00532701-030000)("the Property")as a result of a violation found in
Code Enforcement case number CE13040158.
2. Upon execution of this agreement and approval of the Board of County
Commissioners,the parties shall submit it to the Court for final approval.This
agreement shall effect upon final approval by the Court.
3. The Defendants Jose and Mirta Gonzalez,and Elena Morejon,own the property.
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4. The County holds a valid code enforcement lien against the property due to fines
imposed by the Code Enforcement Special Magistrate against Defendants on
December 1,2013 as a result of a violation of the Monroe County Code.
5. The Defendants agree to pay a total of$3,487.09 in full on or before July 10,2015.
6. Payments shall be made via attorney trust account check or certified check or money
order and shall be sent to:Monroe County Growth Management Division,Attn:
Kathleen Windsor,2798 Overseas Highway,Marathon,FL 33050.
7. If the County does not receive the payment by the deadlines set forth in paragraph(4),
this agreement is voidable at the option of the County upon written notice to the
Defendants.
8. Once the outstanding lien has been received,upon the execution of this agreement
and approval from the Board of County Commissions,the County will:
a. File a notice of voluntary dismissal with prejudice and release of lis pendens with
the Clerlq and
b. Issue Defendants,Jose and Mrita Gonzalez and Elena Morejon,a release and
satisfaction of the underlying code enforcement lien for filing by the Defendants
in the Official Records of Monroe County.
9. By entering into this 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 a
re- . above-captioned Code Enforcement case.
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Jose :, d y'rta Gonzalez an. l ate S4even.T.A4111ama Cu-4.K. *spate 6133.1 t1
Elena Morejon . Assistant County Attorney
Defendants
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