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Item R14 BOARD OF COlJNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 20, 2005 Division. C9.!Jnty. Attorney Bulk Item Y es ~ No Staff Contact Person: Pedro Mercado AGENDA ITEM \-\lORDING: Approval of settlement agreement in Code Enforcement lien in Monroe County V. Federico Rodriguez & Nerry Rodriguez & Manuela Rodriguez, Estate ITEM DACKGROlT~D: The owners were cited for 5 different Code violations for having abandoned vehicles on their property, for having a yard that was strewn with trash and debris and for having an open sewer line from the trailer home which was dumping raw sewage onto the grounds of the property. The Special Magistrate found the property to be in violation and imposed fines as of May 11,2004. The propert)' was brought into full compliance on March 24, 2005 at which time the fines totaled $30,800. The property is being sold and the new owner wants to resolve the outstanding fines. After consultation with the Code Enforcement Director it was determined that it would be appropriate to settle the lien for $7,500. PREVIOUS RELEVANT DOCC ACTION: The 80CC previously approved the institution of litigation if necessary to enforce the lien. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: \I/A BUDGETED: Yes No COST TO COllNTY: N/A_. SOlJRC.: OF FUNDS: REVENUE PRODUCING: Yes No AMOlJNT PER MONTH Year APPROVED BY: County ^tty'1~- OMS/Purchasing _ Risk Management ,..., DIVISION DIRECTOR APPROVAL: 4- .~w~~/~Lt.{ ,) -;/05/0 {.__.. . ..u n_u_. JOHN R. COLLINS, COUNTY A TTO~~EY DOCUMENTATION: Included X Not Rcquired.__ DISPOSITION: Reyiscd 2iOS AGENDA ITEM # BEFORE THE CODE I<:NFORCEl\1ENT SPECIAL MASTER OF l\10NROE COllNTY, FLORIDA The Honorable .J. Jefferson Overby, Presiding MONROE COllNTY, FLORIDA Petitioner, vs. CASE NO.: CE04030001 FEDERICO RODRIGUEZ & NERRY RODRIGlJEZ & MANUELA RODRIGlIEZ, ESTATE Respondent(s) / SETTLE~lENT AGREEMENT The Petitioner Board of COlLnty Commissioners of Monroe COlLllty and Federico RodrigLLez & Nerry Rodriguez & Manuela Rodriguez, Estate, Respondent(s), hereby agree to settle the code enforcement lien imposed in the above-referenced case by the Special Master against property owned by the Respondent(s) as follows: I. The parties a,b'Tee to settle the code enforcement lien for $7,500.00. 2. The property in question has a legal description of Bl6 EIGHT A VENUE, STOCK ISLAND, MONROE COUNTY, FLO RID A (RE: 00 131990-000000). 3. Upon approval of this agreement by the Hoard of County Commissioners, the Respondent(s) shall remit a check in the amount of $7,500.00 made payable to the Board of County Commissioners. 4. Once the aforementioned check has cleared, the County \vi]1 issue to the Respondent(s) a release and satisfaction of said lien for filing by the Respondent(s) in the Official Records of Monroe County. 5. The County will file a copy of the release and satisfaction in the official Code Enforcement file. 6. By entering into this a6'Teement, the each party abrrees to \vaive any and all claims that it could have raised and/or potential claims that it might have been able to raise as a result of the above-captioned code enforcement case. 7. Both parties warrant that they have had an opportunity to consult with counsel before entering into this agreement. 8. 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 COCNTY COMISSIONERS OF MONROE COUNTY By: B)~: Deputy Clerk Dixie Spehar, J\layor Dated , Respondent B)'": Notary Public ( da te ) , Respondent By: Notary Public (date) Notary Public By: , Respondent (date) This document was prepared and approved as to form by: Pedro J. Mercado, Esq. Assistant County Attorney Florida Bar No.: 0084050 P.O. Box 1026 Kev Viest, FL 33041-1026 -' . (305) 292-3470