Item O2 �s 0.2
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County of Monroe
�y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
County �a� Mayor Michelle Coldiron,District 2
�1 nff `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
August 18, 2021
Agenda Item Number: 0.2
Agenda Item Summary #8480
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Paunece Scull (305) 295-3170
None
AGENDA ITEM WORDING: Approval of Settlement Agreement in Monroe County v. Federal
National Mortgage Association, Case No. 20-CA-454-K and to authorize the County Attorney's
Office to execute the Settlement Agreement documents.
ITEM BACKGROUND: On 9/19/16, the Code Compliance Department conducted an investigation
into an unsafe structure complaint at 773 Pirates Road, Little Torch Key, Florida 33042 (Subject
Property). A hearing held against the original owner, Roberto Blanco (Blanco) on 3/30/17 before
the Special Magistrate found five violations. The Special Magistrate ordered fines of $250 per
day/per count would begin to accrue if not compliant on 4/20/17. Three charges, all unsafe structure
violations, were noncompliant and fines began to run.
On 6/27/17, Blanco issued a quitclaim deed to Ronald Eugene Berry (Berry). On 3/26/18, Federal
National Mortgage Association (FNMA), the mortgage holder on the Subject Property, commenced
a mortgage foreclosure against Blanco and Berry. The County filed a cross claim seeking
foreclosure and money judgment (18CA302K). Because of that litigation, Blanco paid the County
$21,446.12. The County received a final default judgment against Berry for $310,550.00. That
amount remains unpaid but the lien remains against all property owned by Berry in Monroe County.
FNMA foreclosed on its mortgage and took title on 11/20/18.
On 7/17/19, due to continued complaints on the unsafe structure, the County Attorney received
BOCC approval to commence litigation to gain compliance. Fines ballooned to over $600,000
against FNMA before it gained compliance by demolishing the offending structure.
FNMA, as Fannie Mae, contends it cannot be assessed fines by the County. This defense has merit.
However, FNMA does acknowledge responsibility for the delayed compliance and wants to show it
is a good neighbor, and has made a settlement offer of $20,000 to settle the outstanding lien and
costs.
The County Attorney's Office and FNMA have negotiated a Settlement Agreement (attached as
backup). The proposed Settlement Agreement between the County and FNMA resolves the litigation
for the County by accepting payment of$20,000 to resolve the lien plus costs for a total payment of
$22,769.50. The County Attorney's Office also seeks authority to execute all settlement documents.
A closed session is scheduled for the 8/18/21 meeting. Bulk approval of this item would eliminate
the need for a closed session in this matter.
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PREVIOUS RELEVANT BOCC ACTION:
07/17/19: Bulk Item 010 Approved: Authority to initiate litigation regarding CE16090097.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval of Settlement Agreement and authorize the County
Attorney's Office to execute the settlement documents.
DOCUMENTATION:
FNMA Settlement and Release def sig
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date:
Total Dollar Value of Contract: n/a
Total Cost to County: n/a
Current Year Portion: n/a
Budgeted: n/a
Source of Funds: n/a
CPI:
Indirect Costs: n/a
Estimated Ongoing Costs Not Included in above dollar amounts: n/a
Revenue Producing: If yes, amount:
Grant: n/a
County Match: n/a
Insurance Required: n/a
Additional Details:
REVIEWED BY:
Bob Shillinger Completed 08/03/2021 3:51 PM
Paunece Scull Completed 08/03/2021 3:53 PM
Purchasing Completed 08/03/2021 3:56 PM
Budget and Finance Completed 08/03/2021 4:15 PM
Maria Slavik Completed 08/03/2021 4:37 PM
Liz Yongue Completed 08/03/2021 4:40 PM
Board of County Commissioners Pending 08/18/2021 9:00 AM
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SETTLEMENT AND RELEASE AGREEMENT
This Settlement and Release Agreement (the "Agreement") dated as of July 15, 2021, is
entered into by and among the Plaintiff, the Board of County Commissioners of Monroe County
("County"), and Defendant,Federal National Mortgage Association ("Fannie Mae") (collectively
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the "Parties") concerning the case styled, Board of County Commissioners of Monroe County v.
Federal National Mortgage Association in the 16th Judicial Circuit of Monroe County Case No.: U
20-CA-454-K ("Case").
WHEREAS, the Parties desire to resolve any and all disputes with respect to Case and
property located in Monroe County, Florida at 773 775 Pirates Road, Little Torch Key, Florida
(the"Property")
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NOW, THEREFORE, in consideration of the foregoing recitals and of the conditions,
covenants and agreements set forth below, the amount and sufficiency of which are hereby
acknowledged, the Parties agree as follows: E
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1. Settlement Payment. Fannie Mae will cause to be remitted to County the total sum
of $ 22,769.50 ("Settlement Payment"), within thirty (30) days of receipt of the
County's signature, through its counsel, on this Agreement. The County agrees to E
accept the Settlement Payment in full and final satisfaction of all disputes related
to the Property and the Case between the Parties. Payment instructions are as v)
follows: (insert) c
2. Dismissal. The Parties agree that within ten (10) days of receipt of the Settlement 2
Payment,the County will cause(a)the Case to be dismissed with prejudice, and(b)
any and all liens, including any lis pendens, filed and recorded against the Property
to be cancelled/released.
3. No prevailing parties. The Parties stipulate that pursuant to the notice of voluntary
dismissal with prejudice and release of liens and lis pendens filed by the County,
that there is no prevailing party and that this case has been resolved amicably by a
settlement between the Parties. Furthermore, the Parties agree that all Parties shall
bear their own attorneys' fees and costs.
4. Release. Effective upon timely payment as provided in paragraph 1 above, the E
County, on behalf of itself,and all persons or entities claiming by,through or under
it, its respective heirs, counsel, successors and assigns ("Releasors"), hereby fully v)
completely and finally waive, release, remise, acquit, and forever discharge and
covenant not to sue or otherwise proceed against Fannie Mae, its loan servicer(s), U-
(including any prior loan servicer with respect to the loan that is the subject of this
action), Fannie Mae's past, present, and future officers, directors, shareholders, E
trustees, conservator, parent companies, sister companies, affiliates, subsidiaries,
employers, attorneys, accountants, predecessors, successors, insurers,
representatives, and agents ("Releasees"), from and against any and all claims,
damages, causes of action, costs, fines, penalties, fees, liens or demands brought,
or that could have been brought against Releasees or any one of them, arising out
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of or related to the Case or the Property, from the beginning of time up through the
date of this Agreement. The County warrants and represents that they have not
assigned or otherwise transferred any claim or cause of action released or
potentially released by this Agreement.
5. Authori1y. The Parties represent and warrant that they possess full authority to "'
enter into this Agreement and to lawfully and effectively release the opposing Party
as set forth herein, free of any rights of settlement, approval, subrogation, or other
condition or impediment. This undertaking includes specifically, without
limitation, the representation and warranty that no third party has now acquired or U-
will acquire rights to present or pursue any claims arising from or based upon the
claims that have been released herein.
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6. No admission of liability and/or guilt. The Parties agree that the execution of this
Agreement does not amount to an admission of guilt and/or liability by the Parties.
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5. Entire Agreement. The Parties represent that this constitutes the entire agreement
between them with respect to the Property and the Case.
6. Voluntary and Informed Assent. The Parties represent and agree that they each E
have read and fully understand this Agreement, that they are fully competent to
enter into and sign this Agreement, and that they are executing this Agreement U)
voluntarily, free of any duress or coercion. 0
7. Governing Law and Jurisdiction. The laws of the State of Florida shall apply to 2
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and control any interpretation, construction, performance or enforcement of this
Agreement. The Parties agree that the exclusive jurisdiction for any legal
proceeding arising out of or relating to this Agreement shall be the Circuit Court of
the 16th Judicial Circuit in and for Monroe County, Florida, and all Parties hereby
waive any challenge to personal jurisdiction or venue in that court.
8. Construction. This Agreement shall be construed as if the Parties jointly prepared
it, and any uncertainty or ambiguity shall not be interpreted against any one Party. -�
9. Modification. No oral agreement, statement,promise,undertaking,understanding,
arrangement, act or omission of any Party, occurring subsequent to the date hereof E
may be deemed an amendment or modification of this Agreement unless reduced
to writing and signed by the Parties hereto or their respective successors or assigns. U)
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10. Severabilily. The Parties agree that if,for any reason,a provision of this Agreement
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is held unenforceable by any court of competent jurisdiction, this Agreement shall
be automatically conformed to the law, and otherwise this Agreement shall a
continue in full force and effect.
11. Number. Whenever applicable within this Agreement, the singular shall include
the plural and the plural shall include the singular.
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12. Neadinzs. The headings of paragraphs herein are included solely for convenience
of reference and shall not control the meaning or interpretation of any of the
previsions of this Agreement.
13. Counterparts. This Agreement may be executed in several counterparts and all
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counterparts so executed shall constitute one agreement binding on all Parties
hereto, notwithstanding that all the Parties are not signatories to the original or the
same counterpart. Facsimile signatures shall be accepted the same as an original
signature. A photocopy of this Agreement may be used in any action brought to
enforce or construe this Agreement.
14, No Waiver. No failure to exercise and no delay in exercising any right, power or
remedy under this Agreement shall impair any right, power or remedy which any
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Party may have, nor shall any such delay be construed to be a waiver of any such
rights, powers or remedies or an acquiescence in any breach or default under this
Agreement, nor shall any waiver of any breach or default of any Party be deemed
a waiver of any default or breach subsequently arising.
Federal National �r (Ye Association Monroe County Attorney Office
Kent Pearson Paunece Scull
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Its: Its:
Associate General Counsel Assistant County Attorney y
Date: Bate:
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