Settlement Agreement 11/15/2022 SETTLEMENT AGREEMENT
WHEREAS, on July 26,2022,Plaintiff Monroe County Florida("Plaintiff')filed a lawsuit
against Defendants The Estate of Armando Sosa, Sr., Armando Sosa, Jr., and Iris Sosa Petvalsky
(collectively, "Defendants" and as to the individuals only, "Individual Defendants") for
foreclosure of a lien arising from Monroe Code Enforcement Case CE18070107 (hereinafter, the
"Lien"), 16th Judicial Circuit Case Number 22-CA-517-K ("Circuit Court Case"), seeking
injunctive relief and a money judgment as a result of the Lien; and
WHEREAS, the Individual Defendants are the owners of real property located at 5515 5th
Avenue, Stock Island, FL, RE 00127140-000000 ("Property"); and
WHEREAS, Individual Defendants are currently under contract to sell the Property to a
buyer ("Sale"), and currently have a closing date for the transaction of November 30, 2022
("Closing Date"); and
WHEREAS, as of November 4, 2022, fines that have accumulated as a result of fines and
costs imposed in the Final Order issued in Code Enforcement Case CE18070107, recorded in the
Official Records of Monroe County at Book 3026, Page 2073 total two hundred sixty-five
thousand dollars and no cents ($265,800.00) in fines and two thousand nine hundred twenty-two
dollars and ninety cents ($2,922.90) in costs, for a total of two hundred sixty-eight thousand seven
hundred and ninety-two dollars and ninety cents ($268,792.90) ("Accumulated Fines"); and
WHEREAS, it is the desire of Individual Defendants to pay off a negotiated portion of the
outstanding fines and costs and to resolve the Circuit Court Case; and
WHEREAS, it is in the best interests of the County to accept a discounted amount of the
full amount owing, in order to sell the Property to a buyer who has represented that he intends to
correct the code violations, rather than leaving the Property in its current state; and
Settlement Agreement Monroe County v. Sosa
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WHEREAS, the County has agreed to accept one hundred thirty-four thousand three
hundred ninety-six dollars and forty-five cents ($134,396.45) ("Settlement Amount") from the
Individual Defendants in full and complete satisfaction of their liability for the Accumulated Fines,
equal to fifty percent(50%) of the Accumulated Fines.
NOW THEREFORE, in consideration of mutual promises and other consideration, the
Parties agree as follows:
1. At the time of the closing of the sales transaction ("Transaction"),the closing agent
shall deduct an amount equal to the Settlement Amount from the proceeds of the sale and pay the
Settlement Amount to the Monroe County Board of County Commissioners, FEIN 59-6000749.
Said payment may be made in the form of a check or wire transfer, and instructions for the delivery
shall be provided by Monroe County prior to the closing date.
2. At time of closing, in exchange for the payment of the Settlement Amount and
contemporaneously with delivery of the Settlement Amount,Monroe County shall deliver a release
of the Lien releasing the Individual Defendants from any and all further liability for fines or costs
arising from the Lien in Code Enforcement Case CE18070107, in a form suitable for recordation.
In addition, at the time of closing,Monroe County shall deliver a release of lien releasing Armando
Sosa Sr. and Lidia Sosa from any and all further liability for fines or costs arising from the lien
imposed in Monroe County Code Enforcement Case CE05020340, in a form suitable for
recordation. DEFENDANTS SHALL HAVE SOLE RESPONSIBILITY FOR
RECORDATION OF THE RELEASES.
3. Within no later than five (5) calendar days following receipt of the Settlement
Amount, Monroe County shall file a notice of voluntary dismissal with prejudice of the above-
referenced lawsuit in the Circuit Court Case.
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4. Within no later than five (5) calendar days following receipt of the Settlement
Amount, Monroe County shall record a release of the Notice of Lis Pendens that was filed in the
Circuit Court Case and recorded in the Official Records of Monroe County at Book 3186, Page
382, Document 2385258.
5. The obligations contained in paragraphs (1)-(4) above are conditional upon the
closing of the Sale. If, for any reason, the Sale is cancelled and the Transaction does not occur,
then the obligations set forth in paragraphs (1)-(4) shall be null and void, and the Parties shall be
released from their respective obligations under this Settlement Agreement.
6. If for any reason the Sale is delayed beyond the currently scheduled closing date of
November 30, 2022, then the Settlement Amount to be paid to Monroe County shall be increased
by one hundred fifty dollars and no cents ($150.00)per day for each day that the closing is delayed
up to a total of fourteen (14) calendar days, until time of closing. If the Sale is delayed by more
than fourteen (14) days, the delay shall be treated as a cancellation and all obligations contained
in paragraphs (1)-(4) shall be null and void.
7. This Settlement Agreement is also conditional upon approval by the Monroe
County Board of County Commissioners. If for any reason the settlement is not approved by the
Board of County Commissioners,then all obligations of both parties represented in this Settlement
Agreement are extinguished.
8. Plaintiff waives all claims that have existed or now exist against Defendants for
fines or costs arising from Code Enforcement Case CE18070107, including but not limited to
claims for the payment of fines or costs up to the closing date. Defendants waive all claims against
the Plaintiff that have existed or now exist arising out of Code Enforcement Case CE18070107.
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9. By entering into this Settlement Agreement, the Plaintiff does not waive the right
to assert any and all such violations against the buyers in the Transaction. This Settlement
Agreement is intended only to stop the liability of the Defendants arising out of the Final Order
and underlying code enforcement case.
10. Each party in this matter shall bear its own attorneys' fees and costs.
11. Each person signing this Settlement Agreement indicates that (a) he, she or it has
read the Settlement Agreement in its entirety before executing; and(b)the person is authorized to
enter into the Agreement. Each party has cooperated in the drafting and preparation of this
Agreement, and it shall be construed according to its plain meaning and not for or against any
parry.
12. This Settlement Agreement may be executed in any number of counterparts, all of
which shall constitute one and the same instrument. This Settlement Agreement may be signed
using electronic signatures as well as wet signatures.
Date: Plaintiff Monroe County, Florida
Digitally signed by Robert B.Shillinger
Robert B. Shillinger ou uRobert B Shillinger,o=B in C.0 of Monroe County,
ou=CoCounty Attorney,email=Shillinger-bob@monroecounty-
y-
fl.gov,c=uS
By: Date:2022.11.18 08:11:06-05'00'
Robert B. Shillinger, County Attorney
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[Signatures continued on next page]
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Date: Defendant Armando Sosa, Jr.
' oM
Armando Sosa, Jr.
Date: Defendant Iris Sosa Petvalsky
-,e/—/Iris Sosa Petvalsky
Date: Defendant Estate of Armando Sosa, Sr.
� „' ` ;,
Iris
So �Petvals
ky, on behaIP'kyf t e Estate
Date: Defendant Estate of Armando Sosa, Sr.
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By:
Armando Sosa, Jr., on behalf of Estate
Date: Approved as to form and legal sufficiency:
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,.
Marci L. Rose, Esq.
Counsel for Defendants
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