Item P15 P15
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
Board of County Commissioners Meeting
September 11, 2024
Agenda Item Number: P15
2023-2756
BULK ITEM: No DEPARTMENT: County Attorney
TIME APPROXIMATE: STAFF CONTACT: Kelly Dugan
N/A
AGENDA ITEM WORDING: Approval of settlement agreement in Monroe County v. Carol Greco,
Case CE21020029, and authorization for the County Attorney to sign all necessary documents.
ITEM BACKGROUND:
This is an agreement to settle components of Code Case CE21020029. CE21020029 was initiated for
violations of the County Code at Parcel ID 00440940-000000 in Key Largo: 118-11 (unauthorized
vegetation removal,placement of storage container and shade structures in protected area); 6-100(a)
(permits required for(1) removal of vegetation and(2)placement of storage container and shade
canopy); 6-110(a)(1) (after-the-fact permit required for placement of storage container and shade
canopy without permit); and 6-110(a)(4) (after-the-fact permit required for landclearing without
permit).
The settlement calls for a transfer of two parcels to Monroe County to resolve the components of the
violations of 118-11 and 6-100(a) for land clearing/removal of vegetation and the violation of 6-110(a)
(4). Ms. Greco will bring the remaining components into compliance by February 10, 2025.
PREVIOUS RELEVANT BOCC ACTION:
At the 12/13/2024 BOCC meeting a Request to Hold a Closed Session regarding this matter was
approved. At the 01/31/2024 BOCC meeting a Closed Session was held regarding this matter.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approve.
DOCUMENTATION:
Greco Settlement Agreement Executed (PO).pdf
FINANCIAL IMPACT:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, Case No.: CE21020029
a political subdivision of the State of Florida,
Plaintiff,
v
CAROL GRECO,
Respondent.
SETTLEMENT AGREEMENT
Petitioner, Board of County Commissioners of Monroe County ("County") and Carol
Greco, ("Respondent") (together, "the Parties") agree to settle the above-styled matter as
follows:
1. The County brought this Code Compliance case, CE21020029, for violations of
the County Code at Parcel ID 00440940-000000 in Key Largo. The property is located at Lot
21, Block 5, Thompson's Subdivision Section"A", according to the map or plat thereof as
recorded in Plat Book 1 at Page 147, of the Public Records of Monroe County, FL. The property
that is the subject of CE21020029 will be referred to herein as"Lot 21."
2. Respondent acquired Lot 21 and three other parcels (Lots 19, 20, and 22), and
took title to them, pursuant to a Warranty Deed, recorded in the Official Records of Monroe
County on or about February 1, 2017, at Book 2837, Page 991, Document Number 2108974.
Respondent is the current owner of Lots 19, 20, 21, and 22 as described below. The legal
description of the four parcels is:
Lots 19, 20,21, and 22,Block 5, THOMPSON'S SUBDIVISTION SECTION
"A", according to the Map or Plat thereof as recorded in Plat Book 1 at Page
147 of the Public Records of Monroe County, Florida.
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3. A Notice of Violation/Notice of Hearing(NOV) in CE21020029 was issued to
Respondent on May 10, 2023, for the following violations of Monroe County Code:
a. 118-11: Environmental Restoration-Unauthorized vegetation removal,
placement of a storage container and shade structures in a protected area (hammock)has
occurred impacting the natural condition of the lot.
b. 6-100(a): Permits Required—Approvals, permits and all inspections are
required for:
1. Removal of Vegetation (Site preparation including land clearing,
placement of fill, excavation, and blasting) (Any new construction and
remodeling work of principal and accessory structures)
2. Placement of a Storage Container and Shade Canopy(Any new
construction and remodeling work of principal and accessory structures)
C. 6-110(a)(1): Fees/Permitting—ATF Required—Work(placement of
storage container and shade canopy) commenced prior to the issuance of a permit or
approval by the building official is subject to after-the-fact fees.
d. 6-110(a)(4): Fees/Permitting Required—Clearing—Landclearing
commenced prior to the issuance of a permit of approval by the building official is
subject to after-the-fact fees.
4. In Code Compliance Case CE21020029, the vegetation removal component of the
violation of 118-11, the removal of vegetation(1) component of the violation of 6-100(a), and
the violation of 6-110(a)(4)resulted from the unpermitted clearing of approximately 1,350
square feet of Lot 21, as determined by the County Biologist.
5. The County and Respondent executed a Stipulation to Code Violation and for
Time to Comply for First Time Offenses ("Stipulation") on November 15, 2023. The County
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and Respondent executed a Stipulation for an Extension of Time to Comply("Extension") on
July 11, 2024.
Section 1 - Recitals. The foregoing recitals are true and correct and are hereby incorporated
as if fully set forth herein.
Section 2 - Settlement. The parties have entered into this Settlement Agreement knowingly,
freely, and voluntarily, having determined that they have adequate information upon which to
make informed decisions and having decided that it is in their best interests to amicably resolve
this action.
a. Neither party is under coercion or duress. Neither has been forced into this
Agreement or threatened in any way.
b. Neither party knows of any fact or circumstance, which would cause this
Agreement to be void or unenforceable.
c. Except as otherwise provided herein(see Paragraphs f and i), the parties agree
that each party shall bear its own attorneys' fees, costs and expenses arising
out of, in connection with, or related to, this litigation, whether such fees,
costs or expenses have been incurred prior to the execution of this Agreement
or will be incurred after its execution.
d. Respondent agrees to, within sixty (60) calendar days of the County's
approval of this Agreement, such approval being evidenced in the form of the
undersigned Monroe County Attorney's executed approval of this Agreement
and approval and/or ratification by the County's Board of County
Commissioners, convey the below-described parcels to Monroe County:
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Lots 19 and 20,Block 5,THOMPSON'S SUBDIVISTION SECTION
"A", according to the Map or Plat thereof as recorded in Plat Book 1 at
Page 147 of the Public Records of Monroe County, Florida.
(Hereinafter"Lots 19 and 20") Lots 19 and 20 may also be identified by
Parcel ID numbers 00440920-000000 and 00440930-000000.
e. Respondent warrants and represents that Lots 19 and 20, as described in
Paragraph d above, are held and titled in Respondent's name and are free and
clear of any encumbrances; and that she has not conveyed Lots 19 and 20, as
described in Paragraph d above, or any interest therein to any person or entity.
f. Respondent further agrees to pay costs for review conducted by the Monroe
County Biologist in the amount of$626.00 within sixty (60) calendar days of
the County's approval of this Agreement, such approval being evidenced in
the form of the undersigned Monroe County Attorney's executed approval of
this Agreement and approval and/or ratification by the County's Board of
County Commissioners.
g. Within fifteen (15) days following completion of both the transfer of the
properties in Paragraph d and the receipt of payment of costs in Paragraph f,
the County will record as part of Code Compliance Case CE21020029 that the
vegetation removal component of the violation of 118-11, the removal of
vegetation (1) component of the violation of 6-100(a), and the violation of 6-
110(a)(4) are resolved. Respondent will not be required to obtain a restoration
permit to correct these components and violation, which cover the
unpermitted clearing of approximately 1,350 square feet of Lot 21.
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h. The placement of a storage container and shade structure components of the
violation of 118-11, the placement of a storage container and shade canopy(2)
component of the violation of6-100(a), and the violation of 6-110(a)(1)will
be corrected by Respondent. Respondent agrees to bring these components
and violation into compliance by February 10, 2025. If Respondent fails to
comply by February 10, 2025, fines shall accrue each day the violation
remains as follows: $100 per day for the violation of 118-11, $100 per day for
the violation of6-100(a), $50 per day for the violation of 6-110(a)(1).
i. Respondent further agrees to pay all costs incurred in prosecuting
CE21020029, as may be imposed pursuant to Florida Statute Section
162.09(2)(d) and (3) and/or Monroe County Code Sections 8-29(b) and 8-
31(c), within 30 days of compliance.
j. This Agreement does not allow for any vegetation removal or clearing beyond
that cited in the NOV and addressed in Paragraph g above, except as properly
permitted according to Monroe County Code. This Agreement does not
constitute approval of any minor or major conditional use. This Agreement
does not resolve any other violations of Monroe County Code that may exist
on Dots 19, 20, 21, or 22.
Section 3- Good Faith. These settlement negotiations have been undertaken by the
parties in good faith.
Section 4- Choice of Law; Governing Law,• Jurisdiction,• Venue.This Agreement is
not subject to arbitration and shall be governed by, and construed and enforced in accordance
with, the laws of the State of Florida, and venue for all claims, controversies, or disputes relating
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to this Agreement shall be in the Circuit Court of the 16' Judicial Circuit in and for Monroe
County, Florida.
Section 5 - Binding Effect. It is agreed and understood that this Settlement Agreement
shall be and is forever binding upon the parties, including their successors-in-interest.
Section 6 - Construction of Agreement; Divisions and Headings. Captions and
paragraph headings, where used herein, are inserted for convenience only and are not intended to
descriptively limit the scope and intent of the particular paragraph or text to which they refer.
Section 7- Inconsistency, Partial Invalidity, Severability, and Survival of Provisions.
If any condition,provision,reservation, restriction, right, or term of this Agreement, or any
portion(s)thereof, is/are held to be invalid or unenforceable by any administrative hearing officer
or by a court of competent jurisdiction, the invalidity or unenforceability of such condition,
provision, reservation, restriction, right, or term, or any portion(s)thereof, shall neither limit nor
impair the operation, enforceability, or validity of any other condition, provision, reservation,
restriction, right,term, or any remaining portion(s) thereof. All such other conditions,provisions,
reservations, restrictions, rights, terms, and remaining portion(s) thereof shall continue
unimpaired in full force and effect.
Section 8- Integration. This Settlement Agreement constitutes the entire Agreement and
any representation or understanding of any kind preceding the date of the parties' written final
approval of this Agreement not specifically and expressly memorialized herein is not binding on
either of the parties except to the extent that it has been specifically and expressly memorialized
in this Agreement.
Section 9- Non-Reliance by Third-Parties.No non-signatory person(s) or entity(ies)
shall be entitled to rely upon any conditions, provisions, or terms of this Agreement to enforce or
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to attempt to enforce any third-party claim(s) or entitlement(s)to or benefit(s) from any
conditions,provisions, or terms hereunder.
S_ection_10 _ Execution in Counterparts. The parties acknowledge and agree that this
Settlement Agreement may be executed in one or more counterparts, each counterpart shall be
considered an original portion of this Agreement, and all of which shall constitute a single
instrument.
Section 11 - Scrivener's Errors. The Monroe County Board of County Commissioners
authorizes the Monroe County Attorney and counsel representing the Monroe County Attorney's
Office in this matter to correct any scrivener's errors within this Agreement,prior to written
execution of this Agreement on the County's behalf as authorized and approved by the Board of
County Commissioners following a duly noticed public meeting of the Monroe County Board of
County Commissioners at which this Settlement Agreement is considered.
Section 12 - Effective Date. Once fully and finally executed by the Parties, this
Agreement shall be considered legally effective and forever binding on the parties.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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Signature
Carol Greco
Date
STATE OF aA COUNTY OF HO�-)(Zt (.T-
The foregoing Settlement Agreement, was acknowledged and attested before me by means of
_1�physical appearance or online notarization, this 2e6 day of {�l �U`�l _ 2024, by
who is Hall known to me or produced
as proof of identification and did take an oath.
�� �r, �
Notary Public (Print Name)
Notary Public State of fiortda
AL !Caitlin Ann Pooley
MyN Comis z2samission,s
lul
Exp. 217/2026
Notary Public Seal Notary Public (Signature)
Robert Shillinger Date
Monroe County Attorney
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Liz Yongue
From: Gomez-Krystal <Gomez-Krystal@MonroeCounty-FL.Gov>
Sent: Tuesday, September 10, 2024 2:25 PM
To: Ballard-Lindsey; County Commissioners and Aides; Kevin Madok; Pamela G. Hancock;
Senior Management Team and Aides; Liz Yongue; InternalAudit
Cc: Shillinger-Bob; Williams-Jethon; Cioffari-Cheryl; Livengood-Kristen; Rubio-Suzanne;
Pam Radloff; County-Attorney; Allen-John; Cioffari-Cheryl; Danise Henriquez; Hurley-
Christine; Rosch-Mark; Gambuzza-Dina; Beyers-John; Liz Yongue; Powell-Barbara;
Pamela G. Hancock; Pam Radloff; Valcheva-Svilena
Subject: Item P15 BOCC 09/11/2024 DELETION
Attachments: AIS 2756 P15.pdf
Importance: High
Follow Up Flag: Flag for follow up
Flag Status: Flagged
Good afternoon,
Please be advised,the agenda item P15 will be deleted.
"Approval of settlement agreement in Monroe County v. Carol Greco, Case CE21020029, and authorization for
the County Attorney to sign all necessary documents. "
The Agenda Item summary is attached.
Sincerely,
Executive Administrator
Monroe County Administrator's Office
1100 Simonton Street, Suite 2-205
Key West, FL 33040
(305)292-4441 (Office)
(305)850-8694(Cell)
Courier Stop#1
Notary Public
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