Settlement Agreement 07/21/2021 ecru:a_ Kevin Madok, CPA
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a . , Clerk of the Circuit Court& Comptroller—Monroe County, Florida
DATE: July 27, 2021
TO: Abra Campo
County Attorney's Office
FROM: Sally M. Abrams, D.C.
SUBJECT: July 21" BOCC Meeting
Attached is an electronic copy of Item P4 Mediated Settlement Agreement requiring
restoration of property after land clearing violations in Martinetti v. Monroe County (Circuit
Court Case No. 20-00001-M; CE17110066 and CEI710067).
Should you have any questions, please feel free to contact me at ext. 3550.
cc: Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Flodda 33
305-294-4641 305-289-6027 305-852-7145 305-852-7145
DocuSign Envelope ID:4B1A0828-7D19-49C8-B6A9-0133554A7628
IN THE CIRCUIT COURT OF THE 16TH
JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY, FL
CIVIL DIVISION, APPEALS UNIT
CASE NO.: 20-000001-M
Victorio E and Maria C. Martinetti, as Trustees of
the Victorio E. and Maria C. Martinetti Revocable Trust Dated 11/8/2013
Appellant,
vs.
Monroe County
Appellee.
Monroe County Code Compliance
Case No. CE17110066
Case No. CE17110067
MEDIATED SETTLEMENT AGREEMENT
1. Appellants, Victorio E and Maria C. Martinetti, as Trustees of the Victorio E. and
Maria C. Martinetti Revocable Trust Dated 11/8/2013 (hereinafter "the Owners") and Appellee,
Monroe County (hereinafter "the County") (collectively "Parties") mediated this matter on June
28, 2021, before mediator Sarah Clasby Engel, Esq. and hereby agree to the following:
2. In the side and rear of Lot 4, Sound Drive, the Owners will plant 20 canopy trees,
10 under-canopy trees and 20 shrubs. In the center of Lot 4, Sound Drive, the Owners will plant
7 canopy trees, 15 under-canopy trees and 20 shrubs. In the side and rear of lot 5 Sound Drive,the
DocuSign Envelope ID:4B1A0828-7D19-49C8-B6A9-0133554A7628
Owners will plant 20 canopy trees, 10 under-canopy trees and 20 shrubs. In the center of Lot 4,
Sound Drive, the Owners will plant 8 canopy trees, 15 under-canopy trees and 20 shrubs.1
3. As per the County's restoration plan permitting requirements,the above plants will
be evenly distributed in the above-designated zones of the subject properties. In addition, the
Parties will work together to agree on the specific species of said plants, location of said plants
and the timetable for planting said plants. Further, the Owners will, twice a year for three years,
have invasive plants removed from the subject properties, and after three years, 80%of said plants
must be viable or replanted, except in the case where a major storm or other natural event kills said
plants.
4. The Owners owe no fine or costs.
5. The obligations and benefits of this Mediated Settlement Agreement and the
restoration permit issued pursuant to the Mediated Settlement Agreement are transferable by the
Owners to any new owner of the subject properties.
6. In the event the Parties cannot reach an agreement as to any item related to this
Mediated Settlement Agreement,the parties agree to engage in a mediation before mediator Sarah
Clasby Engel, Esq.
7. The Parties understand that this Mediated Settlement Agreement is subject to the
approval of the Monroe County Board of Commissioners, which will be sought. The Parties
further agree that they will seek a stay of the above-referenced appeal while such approval is
sought. In the event this Mediated Settlement Agreement is approved by the Monroe County
Board of Commissioners,the above-referenced appeal will be dismissed with prejudice,with each
party to bear their own fees and costs.
'The terms"side and rear"of the properties and"center"of the properties have the same meaning as that used in the
Susan Sprunt plan emailed to the County on or about December 13,2019.
2
DocuSign Envelope ID:4B1A0828-7D19-49C8-B6A9-0133554A7628
8. The County will pay 75%of the Mediator's fees for mediation services in reaching
this Mediated Settlement Agreement and 25%will be paid by the Owners.
9. This Agreement may be executed in any number of counterparts, all together will
constitute the fully executed Agreement.
10. Signatures to this Agreement may be exchanged by mail,facsimile or electronically
(e.g.via DocuSign or scanned PDF transmitted by e-mail).
(--DocuSigned by:
B Utc}ovio f. Il4arfilnt.ffi Date: 7/4/2021
Victorio E. Martinetti, as trustee
of the Victorio E. and Maria C. Revocable
Trust dated 11/8/2013
nIDe�c�u�SIn.d by:,�I �'1� t�
�1 V�Av10. �. rVu4'IItA2Al1 7/4/2021
By: l Date:
so,-e
Maria C. Martinetti, as trustee
of the Victorio E. and Maria C. Revocable
Trust dated 11/8/2013
Doasiened by;
By: C'U' &M IVY
Date: 6/29/2021
CLERK( Nf•
Gustavo Gutierrez, Esq.
Counsel for the Owners
�[])�� n v 71 -or
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By: rid& Date: 0111101 I ���� •.
The Hon. Michelle Coldiron
Mayor, Monroe County, FL
DocuSY n.d by:
Vwtk V. Rowar�, 6/30/2021
By: Date:
Derek V. Howard,tsq.
Assistant County Attorney for the County
,—DxuflQn.d by:
Recommended By: n1aC . teObS Date: 6/29/2021 _ - _
—„did :w,e.,
Michael Roberts
Assistant Director of Environmental Resources
For Monroe County
—17
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