Item P15
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 20, 2008 Division: County Attornev
Bulk Item: Yes XX No Staff Contact Person: Cynthia L. Hall
AGENDA ITEM WORDING: Approval of the Settlement Agreement with Eloy and Margaret Lopez
in Code Enforcement Case CE05020373, in the amount of $9,868,50,
ITEM BACKGROUND: On or about March 2, 2005, Monroe County filed a Code Enforcement
proceeding against the property owners, On January 27,2007, the Special Magistrate found the property
in violation and imposed fines and administrative costs, The Lopez' came into compliance on October
17,2006, The Lopez' are selling this property and are interested in settling this matter.
PREVIOUS BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: BUDGETED: Yes - No -
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes-'L- No AMOUNT PER MONTH - Year
-
APPROVED BY: County Atty ----1L OMB/Purchasing _ Risk Management_
DOCUMENTATION: Included ---"'--- Not Required .:? _
DISPOSITION: AGENDA ITEM # I "-->
BEFORETHECODEENFORCeMENTSPEC~LMASTER
OF MONROE COUNTY, FLORIDA
The Honorable Larry Sartin, Presiding
MONROE COUNTY, FLORIDA
Petitioner,
VB. Eloy & Margaret Lope:t CASE NO.: CE05020373
Respondent(s).
/
SETTLEMENT AGREEMENT
WHEREAS:
.1. The property in question has 8 legal description of RE:
00126450000000, with a street addllllls of 6401 6th SI., Stock Island Florida 33040,
Monroe County, Florida (the .Property''); and
2, On or aboul March 2, 2005, Monroe County flied the aboVe-referenced Code
Enforcement case against the property owners Eloy and Margaret Lopez regarding the
Property, in which the allegations were that the property owner violated the following
sections of the Monroe County Code: 15.5-21 (failure to timely connec::tto.sewer
system); and
3. On 1/27/06, the Special Magistrate found the Property In violation as alleged
and imposed fines in the amount of $100 per day per count to begin mnning on 3/23/06
if not corrected prior to that time; and
4. Fines ran from 3/23/06 to 10117106, fOl' a total of $19,600.00, plus an
administrative cost imposed in the amount of $100 and a recordation fee in the amount
of $18,50, fora total of $19,718.50; and
5, The Code violations were corrected on 10/17/2006, however, no portion of
the fines were paid, and the order imposing the fines constitutes a lien on the Property
running in favor of Monroe County per Section 162.09, Aorida Statutes; and
6, The property owners have represented that they are in the process of selling
the Properly; and
~ 7, ~ha s lIers (print na es: (j f'
<:J y- ~. /f' have expressed an interest in
settr g the accrued fln in this matter part of the sale and purchase of the Property;
8, The County is interested in assisting the sellers and buyers (collectively,
"Respondents") in correcting the Code violations and resolving the Code Enforcement
case,
NOW THEREFORE, THE: PARTIES AGREE AS FOLLOWS:
1, Monroe County has offered to accept and Buyers have agreed to pay
$9,868.50 (the "Settlement Amounf) in fun and final settlement of any flnes imposed by
the Special Magistrate In this matter up to and Including the dale of execution of this
agreement, contingent on payment wIthin the time frame expressed In paragraphs (3)
and (4) below,
2. The SeWement Amount wlll be paid out of the proceeds of the sale of the
Property from Seller to Buyers,
3. Said sale Is scheduled to be completed on or about March 15, 2008,
4. Iffor any reason said sale Is not completed by March 25, 2008, and/or if the
SeWement Amount is not paid to the County as part of the closing, then this agreement
is nul and VOId, and the full amount of the outstanding fines and costa listed above
remains due and owing,
5. The Respondents shall remit a signed and notariled original of this
seWemerrt agreement Following receipt of the settlement agreement, staff will present
this seWement agreement to the Monroe County Board of County Commissioners for
approval at its next regularly scheduled meeting. The parties understand that this
Settlement Agreement is expressly conditional upon approv,1 by the BOCC.
6. Within thirty (30) days of payment of the Settlement Amount, thlil County shall
provide to Respondents a release and satisfaction of said lien, which the Buyers shall
record in the Official Records of Monroe County,
7. Each party shall bear itS own costs and attomeys' fees other than as
spacffied in this agreement. .
(SEAL) BOARD OF COUNTY
COMMISSIONERS
Attest DANNY LKOLHAGE, Clerk OF MONROE COUNTY,
FLORIDA
By By
Deputy Clerk Mayor/Chairperson
Dated
SE40Y LOPEZ
By, 7~ .
(PRINT NAME)
(date)
~~ SELLER MARGARET0
By tJ?t;4j'1J/J1 4
Notary PUblic (PRINT NAME)
:Q CRYSTAL e. LUSK (data)
J ~ NolIIIy Publle- SIo111olFlorid.
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· Cot1ImI8Ililn , 00 394!J39
. " Bondud-BV-~I NOla",,,"n.
BUYER
- By
Notary Public (PRINT NAME)
(date)
BUYER
By
Notary Public (PRINT NAME)
(date)
3, Said sale is scheduled to be completed on or about March 15, 2008,
4, If for any reason said sale is not completed by March 25. 2008, and/or if the
Settlement Amount is not paid to the County as part of the closing, then this agreement is null and
void, and the full amount of the outstanding fines and costs listed above remains due and owing,
5, The Respondents shall remit a signed and notarized original of this settlement
agreement. Following receipt of the settlement agreement, staff will present this settlement
agreement to the Monroe County Board of County Commissioners for approval at its next regularly
scheduled meeting, The parties understand that this Settlement Agreement is expressly
conditional upon approval by the BOCC,
6, Within thirty (30) days of payment of the Settlement Amount, the County shall
provide to Respondents a release and satisfad:ion of said lien, which the Buyers shall record in the
Official Records of Monroe County,
7, Each party shall bear its own costs and attorneys' fees other than as specified in
this agreement.
(SEAL) BOARD OF COUNTY COMMISSIONE:RS
Attest DANNY L,KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
By By
Deputy Clerk Mayor/Chairperson
Dated _
SELLER ELOY LOPEZ
Notary Public By
(PRINT NAME) (date)
SEllER MARGARET LOPEZ
Nowry Public By
(PRINT NAME:) (date)
~a.I... a. r?a-~~ BU~ 0
By 0/1) 21'Xi'?
Notary puhli.. (PRINT NAME) .PriVt'd (date)
,t.'~''''~ DEBORAH A. CONDELLA
Q) MVCOMMISSlONfOO51Bmi BUYER f"'H ~
, ' i-EXPIRES: Mard116, 2010
'/.' """'''''NooiY_u_. By
Notary Public
(PRINT NAME) (date)
BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE
LARRY 1. SARTIN
MONROE COUNTY, FLORIDA
DoeR 1658443 08/17/21!l07 11:59AM
MONROECOUNTY,FLOffiDA Filed & Recorded in Official Records of
Petitioner, MONROE CDUNTY DANNY L. KOLHAGE
vs, CASE NO, CE05020373
ELOY LOPEZ, SR, and MARGARET LOPEZ DoeR 1658443
Respondent( s), Bkl 2315 PsI 1453
/
ORDER IMPOSING PENALTY/LIEN
THIS CAUSE having come on for public hearing before the Special Magistrate on
January 26th 2006, at the Marathon Government Regional Center, located at 2798
Overseas Highway, Marathon, Florida, after due notice to the Respondent(s), at which
time the Special Magistrate heard testimony under oath, received evidence, and issued
his Order finding the Respondent(s) in violation of Monroe County Code Section(s):
~15,5-21(a),
Said Order, and subsequent orders, required the Respondent(s) to correct the
violation(s) by March 30th 2006, and further, that failure to correct the violation(s) by
the compliance date would result in a fine $IOO,OO,(ONE HUNDRED DOLLARS) per
day, being imposed for each day thereafter that there is noncompliance, At the meeting
of the Special Magistrate held on October 19'" 2006, Inspector Dowling testified that
the violation(s) had been corrected,
ACCORDINGLY. the Special Magistrate fmding that the violation(s) have been
corrected, as previously ordered, it is hereby:
ORDERED that the Respondent(s) pay to Monroe County, Florida, a set fine in
the amount of $19,500,00 ( NINETEEN THOUSAND -FIVE HUNDRED
DOLLARS), Pursuant to Florida Statutes Section 162,07, a cost in the amount of
$100,00 (ONE HUNDRED DOLLARS) is hereby levied for the administrative
recovery for prosecution and investigation,
THIS ORDER SHALL CONSmUTE A LIEN AGAINST THE LAND ON WHICH
THE VIOLATlON(S) EXIST(S) AND UPON ANY OTHER REAL OR PERSONAL
PROPERTY OWNED BY THE VIOLATOR(S).
THE VIOLATlON(S) EXIST(S) ON THE FOLLOWING DESCRIBED PROPERTY:
STOCK ISLAND, MALONEY SUB, PBI-55, PT W 'hSQ, 51, MONROE COUNTY,
FLORIDA ,(RE:OOI26450-00000Q);
IDe
Pursuant to Section 162,09, Florida Statutes, this lien may be recorded with the Clerk :><'0
"n
of the Courts for Monroe County, Florida. ","
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DONE AND ORDERED this ,-2::( day of July, 2007, at the Division of "'...
..
Administrative Hearings, Tallahassee, Florida, ..
...
1lI
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BY~ #
Larry J. sa~
Code Enforcement Special Magistrate
STATE OF FLORIDA
COUNTY OF LEON
I HEREBY CERTIFY that on this day, before me, on officer duly authorized in
the State aforesaid and in the County aforesaid, to take acknowledgments, personally
appeared Larry J, Sartin, personally known to me, who executed the foregoing and
acknowledged before me that he executed the same,
'bI WITNESS my hand and official seal in the County and State last aforesaid this
L day of July, 2007,
a'Yl~ L J~4--f11/ ","II.'
..,~,,~, Elma Williams
~WcommissiOn#DD481642
Notary Public ..' ,: ExPires December 2 2009
, "IN" 8a,""c1'T/a~fl"" 11IIWrance lilt 600.)5S-101!f
I HEREBY CERTIFY that a true and correct copy of the above and foregoing
Order Imposing Penalty/Lien has been ~ by U.S, Mail, to the Respondent(s) at
6401 6TH St., Key West, FL 33040, this y July, of 007.
r
"ONROE COUNTY
OFFICIAL RECORDS