Item R7
BOARD OF COUNTY COMMISSIONERS
Agenda Item Summary
Add on
Meeting Date
Division
County Attorney
AGENDA ITEM WORDING
Approval of settlement agreement in Monroe County v. Joel & Marie Rogers and Patricia Cambo, CA
K 04-578.
ITEM BACKGROUND
The County has sued Mr. and Mrs. Rogers and Ms. Cambo to collect an unpaid code enforcement lien
of $62,800.00. The violation arose when Ms. Cambo erected a fence without benefit of a permit.
She later sold the property to the Rogers after the lien had been recorded without disclosing the
existence of the lien to the Rogers. Ms. Cambo's mother was reportedly the title examiner on the
sale.
Ms. Cambo has offered to settle the lien for $10,000.00 to be paid to the County. Any issues
remaining between Cambo and the Rogers would be left to them to resolve without involvement by
the County. Since the Rogers cured the violation, payment of the fine by Cambo would end the
County's Interest in the property. County legal staff has spent 15.8 hours ($2370 @ $150/hr) and
$111.44 in costs on this case.
ThiS item is being added on because the agreement to settle was reached after the agenda deadline.
Mr. and Mrs. Rogers, the innocent owners who purchased the property from Cambo, are anxious to
have the cloud over their title, which resulted from the County's lien, lifted.
PREVIOUS RELEVANT BOCC ACTION
The BOCC approved the initiation of the litigation on December 17, 2003.
CONTRACT/ AGREEMENT CHANGES n/a
STAFF RECOMMENDAnONS Approval
TOTAL COST
0.00
BUDGETED Yes No
COST TO COUNTY 0.00
SOURCE OF FUNDS
APPROVED BY:
County Attomey _ OMB/Purchasing ! Risk Management!
DIVISION DIRECTOR APPROVAL: A J1!J;:J) I'l .I ~
I ~~~~~-
DOCUMENTAnON:
Included xx
To Follow!
Not Required xxx
AGENDA ITEM #
7<7
IN THE CIRCUIT COURT OF THE 16TH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
CIVIL DIVISION
BOCC of MONROE COUNTY,
Plaintiff,
-vs-
Case No: CA K 04-578
Judge: Jones
JOEL G. ROGERS, MARIA ROGERS,
PATRICIA MENENDEZ-CAMBO; and
TIB BANK OF THE KEYS.
Defendants.
/
SETTLEMENT AGREEMENT
The Plaintiff Board of County Commissioners of Monroe County
(hereinafter "the County") and Defendant Patricia Menendez-Cambo (hereinafter
"Cambo"), hereby agree to settle the above-styled matter as follows:
1. The Defendant Cambo agrees to pay the County a fine in the
amount of ten thousand dollars ($10,000.00).
2. In exchange the County will file a notice of voluntary dismissal with
prejudice of the above-captioned matter and release the code
enforcement lien against the property known as Lot 10, Whispering
Pines Subdivision, Big Pine Key, Monroe County, Florida (RE:
00286090-000000) (hereinafter "the Rogers property") and against
all other properties owned by Patricia Menendez-Cambo.
3. Upon approval of this agreement by the Board of County
Commissioners, Defendant Cambo or her attorney shall remit a
check in the amount of $10,000.00 made payable to the Board of
County Commissioners.
4. Once the aforementioned check has cleared, the County will:
a. Dismiss the above-captioned action with prejudice;
b. Issue to the Defendants Joel G. Rogers and Marie Rogers
(hereinafter "the Rogers") a release of the code enforcement
lien against the Rogers property for filing by the Rogers in the
Official Records of Monroe County;
c. Issue to the Defendant Cambo a release of the code
enforcement lien against all properties owned by her;
d. File a copy of the aforementioned releases in the official Code
Enforcement file; and
e. File releases of all lis pendens filed in relation to this action in
the official records of Monroe County.
5. By entering into this agreement, the County and Cambo agree to
waive any and all claims that either could have raised against the
other and/or potential claims that either might have been able to
raise against the other as a result of the above-captioned matter
and the underlying code enforcement case.
6. The parties each warrant that they have had an opportunity to
consult with counsel before entering into this agreement.
7. Each party agrees to bear its own costs and attorney's fees other
than as specified in this agreement.
ATTEST:
DANNY L. KOLHAGE
CLERK:
BOARD OF COUNTY COMISSIONERS
OF MONROE COUNTY
By:
Deputy Clerk
By:
Dixie Spehar, Mayor
Dated
Patricia Menendez-Cambo
Notary Public
Defendant
(date)
MONROE COUNTY ATTORNEY
7~M:
AOBERT B. SHILLINGER, JR.
ASSI~TANT COUNTY ATTORNEY .
Date - Ii - 0 S'