Item P08 P.8
County of Monroe P W
;� w 1rJ� BOARD OF COUNTY COMMISSIONERS
r,�� Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5
y Michelle Lincoln,District 2
James K.Scholl,District 3
Ij David Rice,District 4
County Commission Meeting
January 18, 2023
Agenda Item Number: P.8
Agenda Item Summary #11587
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Cynthia Hall (305) 292-3470
No
AGENDA ITEM WORDING: Approval of settlement agreement in the matter of Board of County
Commissioners of Monroe County v. Villalobos, 16th Jud. Cir. case 21-CA-257-P; also,
authorization for County Attorney to sign all necessary documents.
ITEM BACKGROUND: The property owners in this matter, Mr. Juan Villalobos and Ms. Mairma
Perez, have presented an offer to settle the lien foreclosure case of Monroe County v. Villalobos and
Perez, 161h Jud. Circuit Case 21-CA-257-P, in return for the County's dismissal of the Circuit Court
action and resolution of the code case against the property (CE18120015, building without permits).
The property owners corrected all of the violations on December 23, 2021.
Total accrued fines and costs equal $92,979.28 ($91,100.00 fines and $1,879.28 costs). The
proposes settlement is for payment of costs only ($1,879.28), payable within ninety (90) days from
the date of the settlement. In addition, the property owners have executed and delivered a 99-year
affordable housing deed restriction, which will be recorded upon approval of this settlement by the
Board of County Commissioners. In return, the County will dismiss the Circuit Court action, record
a release of the underlying code lien, and record a notice of release of lis pendens.
Staff recommends approval of the settlement.
PREVIOUS RELEVANT BOCC ACTION: November 17, 2020, the BOCC authorized the
County Attorney's Office to initiate litigation.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
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2022.12.16 Villalobos Settlement Agreement signed
2022.12.22 Villalobos Decl of Aff Housing Restrictions executed
FINANCIAL IMPACT:
Effective Date: 1/18/2023
Expiration Date: N/A
Total Dollar Value of Contract:
Total Cost to County: $0
Current Year Portion:
Budgeted:
Source of Funds:
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: No
Additional Details:
N/A
REVIEWED BY:
Cynthia Hall Completed 12/22/2022 5:59 PM
Bob Shillinger Completed 12/27/2022 11:49 AM
Budget and Finance Completed 12/27/2022 11:52 AM
Lindsey Ballard Completed 12/29/2022 8:44 AM
Board of County Commissioners Pending 01/18/2023 9:00 AM
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IN THE CIRCUIT COURT OF THE 16T" JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, Case No.: 21-CA-257-P
a political subdivision of the State of Florida, Hon. Luis Garcia
Plaintiff, L.T. CE18120015
v
JUAN VILLALOBOS and MAIRMA PEREZ,
Defendants.
SETTLEMENT AGREEMENT
Plaintiff the Board of County Commissioners of Monroe County (hereinafter,
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"County") and Defendants Juan Villalobos and Mairma Perez, the property owners >
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(hereinafter "Defendants"), hereby agree to settle the above-referenced lawsuit
regarding the existing code enforcement lien imposed by the Special Magistrate
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regarding real property located at 21 Jenny Lane, Key Largo, Florida, as follows:
1. The County brought code enforcement case number CE18120015 against
Defendants in 2018 as a result of Monroe County Code ("MCC') violations
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§110-140.(a), against the property located at 21 Jenny Lane, Key Largo, Florida,
according to the Plat thereof, as recorded in Plat Book 4, at Page 38 of the Public 0
Records of Monroe County, Florida (RE 00457540-000000) ("the Property").
2. Defendants currently own the Property.
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3. In Code Enforcement Case CE18120015, a Final Order was issued by the Q
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Special Magistrate on March 28, 2019, and Defendants were ordered to correct the
violations by June 25, 2019 ("Compliance Date"). A daily fine of $100.00 per day was
imposed if the violations were not corrected by that date. A subsequent check
determined that the violations had not been corrected by that date; therefore, fines in
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the amount of $100 per day began to accrue on June 26, 2019. The Final Order was
recorded on August 1, 2019, at Book 2977, Page 2466.
4. Monroe County filed this suit on June 30, 2021, to enforce compliance and
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for payment of the Code Compliance lien.
5. The property owners corrected the violation on December 23, 2021. The
fines accrued for 911 days, at $100.00 per day, for a total of $91,100.00.
6. The current fines total $91,100.00, with statutory costs of $1,879.28, for a
total due from Defendants of $92,979.28.
7. Defendants agree to:
• Pay the settlement offer of $1,879.28, representing the statutory costs
in this case ("Settlement Amount") within ninety (90) days from the
date of execution of this Settlement Agreement; and
• Execute and deliver a 99-year affordable housing deed restriction to be
placed on the Property, limiting rentals and sales to people who meet
Monroe County affordable housing limits. The executed affordable
housing deed restriction will be delivered by Defendants to Monroe
County together with this signed Settlement Agreement. Monroe
County shall record the Affordable Housing Deed Restriction, no later
than five (5) calendar days following receipt of the Affordable Housing
Deed Restriction.
8. Monroe County agrees to waive all remaining fines.
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9. Payment shall be made to: Monroe County Code Compliance, Attn: Nicole
Petrick, 2798 Overseas Highway, Marathon, FL 33050, with a copy to counsel of record:
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Cynthia L. Hall, Esq., Monroe County Attorney's Office, 1111 12t" St. Suite 408, Key
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West, FL 33040.
10. This Agreement is contingent upon approval by the Board of County
Commissioners.
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11. Upon execution of this Agreement by both parties, the parties shall
execute a Stipulation for Dismissal, with the Court reserving jurisdiction to enforce the
terms of this Settlement Agreement. Monroe County shall file the Stipulation with the
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Court, together with a proposed order dismissing the case.
12. Within ten (10) calendar days after receipt of the Settlement Amount by
the County, the County shall:
• Record a release and satisfaction of the underlying code enforcement
lien for filing in the Official Records of Monroe County; and
• Record a notice of release of lis pendens with the Clerk.
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13. Each party agrees to bear its own attorneys' fees and costs associated 0
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with this action.
Signed:
Juan Villalobos Monroe County U)
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By:
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Juan Villalobos: Robert Shillinger
21 Jenny Lane
Key Largo, FL 33037 County Attorney
Monroe County Attorney's Office
1111 12t" St. Suite 408
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Key West, FL 33040
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Date: 12-21-2022 Date:
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Mairma Perez
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Mairma Perez:
21 Jenny Lane
Key Largo, FL 33037
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Date: 12-21-2022
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Form and legal sufficiency approved by:
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Jonathan Arias, Esq.
Counsel for Juan Villalobos and Mairma Perez
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This instrument prepared by,
And after recording
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Cynthia L. Hall, Esq. 0
Monroe County ttor ey`s Office
111121" Street 2
`h Floor, Suite 408
Key West, FIL 33040
AFFORDABLE HOUSING DEED RESTRICTION
REFERENCED BY BOOK AND PAGE NUMBER ON ALL TRANSFERS OF THE
BELOW DESCRIBED REAL PROPERTY THIS DEED RESTRICTION SHALL BE INCORPORATED IN WHOLE AND
THIS AFFORDABLE HOUSING DEED RESTRICTION ("Deed
Restriction")
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enteredmade and into this M.
Vilialobos and Mairmaz6 whose principalmailing is 21 Jenny Lane, Key
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Largo, FL 33037 ("Owners"), for the benefit of and enforceableCounty
Monroe, Florida, a political subdivision of the Stateof Florida, whose principalmailing
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addressis 1100 Simontont, Key West, Florida 33040 (t ")
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OwnersRECITALS 0
re the fee simple titlei (the
"Property") located in Key Largo, r ri g which is moreparticularly 0
described as:
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BlockLot 30, cco i to the Platthereof,
recordedin Plato g at Page 38, of the Public Records of Monroe
County, Florida.
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Subject to , restrictions reservations o rd and taxes for N
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thereafter.the year 2017 and Subject to a PurchaseFirst N
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Together with a 1955 ROCK single-wide mo i 7Title .
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Lane,Property address: 21 Jenny Key Largo, Florida 33037
Parcel Identification
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WHEREAS, Owners wishto resolve Monroey Code Enforcement
CE18120015; and
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WHEREAS, as part of the resolution1 g Owners have
o place an affordablei cti their Property, and agree to comply
with the requirements of the deed restriction by restricting the use and rentalof the >
Property as provided herein.
NOW THEREFORE, in consideration of the recit is set forth aboven for value
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received, the Owners do hereby declare and impose the followingcovenants the
Property.
COVENANTS
1. Rentals: The use of the dwellingnit on the Property is herebystrict for
period f inty® i o households withtannual
income no greatert rod twenty percent ( 2l ) omedian 0
adjustedrosy annual household income for tenant occupied o within
Monroeyq if occupiedy a tenant(s )a'
2® Sales: of the dwellingit on the Propertyis restrictedfor a period
ninety-nine (9 ) years to households witht s income
greaterthan one hundred sixty percent (1 %) of the medianj U)
annual household income for owner occupied it i
if occupiedthe o ( )e n
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3® The maximumrice for an owner-occupied affordable ho f it shall
mean a price not exceedingfour and o ( . times the annual median
household income for a two-bedroom unit. Currently, tmedian
household income is $100,500; t r , the maximum sales price would be X
$427,375,
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4. Term. The covenants contained in thiso tric ion shall be effective
shall run for ninety-nine ( ) years from the daterecordation this
ousing Deed Restriction. The Property is hereby burdened withCovenant 0
outlined in this o run with the Property for the benefitf Monroe 0
County, its successors and assigns, o may compel compliance at any ti
Lack of compelled compliance y time, for any duration, willt constitute
waiver.
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5. Tourist i vacation rental f the housingits is prohibited. N
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_ There i o t r legally described
above, nor will a mortgage be recorded on that property priorto the recording of
Income limits are posted on the Monroe County w bsit at
https;//www.monroecounty•fl. uv/1 9/ railHousing.
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this Deed Restriction. Otherwise, I/we understand that a Joinder
mortgagee (lender) will be required included withthis iti if a
mortgage is obtained pri iRestriction I r in the Official
County,Records of Monroe Florida.
There it ) on the propertylegally-described
above nor it encumbrance r t property prior
to the recordingf this tition. I/we understandthat a Joinder
®mortgage encumbrance-holder willit to be included withthis
Restriction i is obtainedprior to this
Restriction i recorded in the Official r ° Florida,
7® Borrowers and Lenders Take Note: No equity may be borrowedagainst
value the affordablei it which exceeds the maximumi i
paragraph 3. This prohibitionis for an aggregate loan amount of all equity against
the home. A series I it t be obtainedtotal loan
amountx the maximumrig in paragraph 3.
® Binding E ct of Deed II f t restrictions ishall
binding transferees, lessees, heirs,i , i r successors in the chain
of title for t( ) and tenant-occupant(s ) thereto, it 0
beingi that recordation of this le Housing Deed Restriction
constitutes r tive notice to all interested i .
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® Breach or Violation. event of breachviolation the restrictions
terms herein, the County shall providewritten tip f lt90 or "Notice
Violation" to the defaultingOwners, f ting party shall have the right t
cure such breach(es) or violation(s) within thirty ( ) calendar days of receipt of X
notice of ) or vi ti ( ).
Uncuredr violation(s) of a term or restriction imposed herein
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entitle the Countyto institute i in court including, but not limited t , an
actioni r specific performancethe obligationsthis
Deed Restriction, for a declarationthat a sale/transferin violation this
Restriction is void, or for any other such relieft law or equity
appropriate, r ) or violation(s) of the terms of and restrictions
imposed by thisAffordable i trio , without any
additional notice beyond thistiti a recordation, itl the County to 17
immediately suspend, wi t liability to the County, development applications, N
pendingits° approvals, and inspections, ich are contingent upon the N
effectivenessf and complianceit this trio t for those
permits, approvals, or inspections t r
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In the event of any suit, action, proceeding, in law or in equity, the County
enforce the restrictions or terms contained i , if the Countyr i s in any
such i ® action, or proceeding, trial r appeal, the Countyshall be entitled
reasonable 's fees, including trial, appellate, bankruptcy,
post-judgmentcosts and collectionproceedings the maintenancet defense
f any such suit, action, or proceeding, t i the losing (i s) as fixed
by the court. Any judgment rendered in favor of the County in connection i
any such sit® action, or proceedingarising out of, related to, or in connection
with this Deed Restriction, shall bear interest t the highest rate allowed by law.
The County shall recover reasonable legal and professionals attributable t
the preparation, i i t ti rc such it, action
proceeding, from any person(s) ! ti i to whom a demand or
enforcement t is made, regardless of actual initiation of a suit, action, or
proceeding. E s are in iti other remedy, fine,
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which may be initiated under, including, t not limited to, Chapter 162, Florida
Statutes. >
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Enforcement10. the conditions, provisions, restrictions, terms of this
Restriction shall be at the discretionof the County. The County's delay or failure
to enforce or omissionin the exercisecondition, provision, reservation,
restriction, right, or term contained rig however long continued, I not be
waiverdeemed a s l of the right to do so thereafter as to any violation(s)
or c ( s)8 No County waiver of a breachcondition, r ii ,
reservation, restriction, right, or term hereof, shall be construedwaiver of
any succeeding breac of the same.
11. Limitatip_n of Liability. In the event of any litigation concerning any condition,
provision, restriction, or term this lhousing Restriction,
undersigned Owners hereby waivetheir right to a jury trial. 0
2. undersigned s shall, t
ensurethe effectiveimplementation of the government purposer this 0
Affordable housing Restriction, cooperate i t ®s reasonable
requests submitted to said ( owner-occupant(s) U)
tenant-occupant(s) thereto, regarding conditions, stricti e and terms
containedi 6 No suit, action, or proceedingarising out of, related in
connection i this stricti is subject to arbitration, mediation
proceedings initiated conducted that arise out of, relate to, or are i
connection ith this Deed Restrictionshall be in c r ce with the Florida
Rules of Civilr c r . N
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1 a is Affordable HousingRestriction is and the
enforcement of the restrictions, terms, li ti s established therefrom are
governed by the Monroe County sip , the Monroe County
), the FloridaBuilding the Floridattts® and shall
liberally construed to effectuateis purpose of this Deed Restriction.
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Exclusive dispute i Ing from or under, relating to, or i
connectioni , this Deed Restriction, shall be in the SixteenthJudicial Circuit i
and r Monroe County, Florida.
14. nstuction and t ci interpretation
and all other, Monroe County Comprehensive Plani i s) and Monroe
County s) provision(s) shall be deferredin favor of the
(a/k/a Monroe County Board of County Commissioners) and such const cti
and interpretation shal titled to great weight on trial 1.
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any condition, provision, reservation, restriction, right, or term of this Deed E
Restriction, or any portionf, is/are invalid c in or by
any administrative hi i r court of competent is icti , the invalidity
or unenforceability of such i i , provision, reservation, restriction, right, 0
r any portion(s) thereof, shall neither limit impair the operation,
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enforceability, or validity of any othercondition, i i , reservation, right, term,
or any remaining i thereof. l such r conditions, ii
reservations, tricti , rights, terms, i i portion(s ) thereof shall
continue i it in full forceeffect.
1 m ti i s, where 0
herein,used inserted for convenience only and are not intended to
descriptively i it the scope intent is text to which
they refer,
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17.Authoritv to Attest. Eachthis AffordableHousing s ict
represents is to the othert the execution, delivery, and
performanceis Deed Restrictionauthorized l c s 0
corporate and other organizational action, as required.
18.Entire Aureement. This Affordable HousingRestriction constitutes the 0
entire Deed Restrictionrepresentation r understanding of any kind
preceding the date of this Deed Restriction's execution or recordationis not U)
binding t (s) or the County, except to the extentt it has been
incorporated into this Deed Restriction.
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[REMAI NDER OF PAGE INTENTIONALLY LEFT BLANK]
I/we certify that I/we am/are familiar with the information herein contained and that it is U)
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true and correct, and I/we will abide by the above stated restrictions.
Signed:
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Juan Villalobos Mairma Perez
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By: By:
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Juan Villalobos: MaIrma Perez 0-ra
21 Jenny Lane >
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Key Largo, FL 33037 21 Jenny Lane CL
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Key Largo, FL 33037
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Date: 1,7 -Z 2- ZZ Date:12/22 jZ2.
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STATE OF FLORIDA U)
COUNTY OF MONROE
Sworn to (or affirmed)and subscribed before me by means of physical presence or- online U)
notarization this Z day of aeggftb&2022, by (print name):
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Sig
of Notary
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Sig atu ofNotary u ic— tateofFlorida
Print,Type or Stamp
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OTARY ME-STATE OF FLMDA 0
Personally Known OR Produced Identification: COMMISSION I HH028669
myCommisemExOmAW.
Type of Identification Produced: 05,2024
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STATE OF FLORIDA N
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COUNTY OF MONROE N
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Sworn to (or affirmed) and subscribed before me by means ofX- physical pres%nce or- online
notarization this 2-7-day of , by(print name):
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eignat re of Notary bli —State of Florida Stamp
mission m of t
ype or Stamp missioned Name of Notary Public
6 BARBARA BALDERAS
NOTARY KnE-STATE OF FLORIDA
COMMISS10HOH1402ON9
my comminjon E*mAug.05,2024
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F:Iersonafly Known OR F:Iroduced Wenfificafimv
Type of Idenfificaflon Produced:
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Form and legal sufficiency approved by: (D
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Jonathan Arias, Fs E
Counsel for Juan ViflMobos and Mairma Perez
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