01/18/2023 Agreement 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,
"County") and Defendants Juan Villalobos and Mairma Perez, the property owners
(hereinafter "Defendants"), hereby agree to settle the above-referenced lawsuit
regarding the existing code enforcement lien imposed by the Special Magistrate
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
§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
Records of Monroe County, Florida (RE 00457540-000000) ("the Property").
2. Defendants currently own the Property.
3. In Code Enforcement Case CE18120015, a Final Order was issued by the
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
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.
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:
Cynthia L. Hall, Esq., Monroe County Attorney's Office, 1111 12t" St. Suite 408, Key
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
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.
13. Each party agrees to bear its own attorneys' fees and costs associated
with this action.
Signed:
Juan Villalobos Monroe County
Digitally signed by er
Robert B. DNICn=R berttB.Shillb ert B.
ger,oh g Monroe
County BOCC,ou=Monroe County Attorney,
S h i l l i n e r email=shillinger-bob@monroecounty-
fl.gov,C=US
Date:2023.01.19 13:51:38-05'00'
By.
Juan Villalobos: Robert Shillinger
21 Jenny Lane
Key Largo, FL 33037 County Attorney
Monroe County Attorney's Office
1111 12t" St. Suite 408
Key West, FL 33040
Date: 12-21-2022 Date:
Mairma Perez
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V,V I P\kA A O y
Mairma Perez:
21 Jenny Lane
Key Largo, FL 33037
Date: 12-21-2022
Form and legal sufficiency approved by:
r
4� y
Jonathan Arias, Esq.
Counsel for Juan Villalobos and Mairma Perez
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