HomeMy WebLinkAboutItem S1 Liz Yongue
From: Gomez-Krystal <Gomez-Krystal@MonroeCounty-FL.Gov>
Sent: Tuesday, April 15, 2025 2:56 PM
To: Ballard-Lindsey; County Commissioners and Aides; Kevin Madok; 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; Danise Henriquez; Hurley-Christine; Rosch-
Mark; Gambuzza-Dina; Beyers-John; InternalAudit; Valcheva-Svilena
Subject: ADD-ON Item S1 04/16/2025 BOCC Meeting
Attachments: AIS AND BACKUP S1.pdf
Categories: Orange Category
Good afternoon,
Please be advised,the following Add On Item is set for inclusion day-of meeting prior to the approval of the Agenda:
"Approval of Agreement for Partial Release of Lien and authorization for the County Attorney to execute the Agreement
and a partial lien release, releasing the lien stemming from Code Compliance Case CE20040127 only as to the property
located at 1693 eayview Dr, Little Torch Key, and retaining the lien against the property subject to the code compliance
case and any other properties subject to the lien."
The Agenda Item Summary is attached.Once approved,this will be considered Add On Item S1.
Sincerely,
)V,rystaC crovuez
Executive Administrator
Monroe County Administrator's Office
1100 Simonton Street,Suite 2-20S
Key West, FL 33040
Office:30S-292-4441
Cell:30S-8SO-8694
Courier Stop#1
Notary Public
www.ri"ioriroeco�,,iirity.-fu..gov
gorriez..kry:st,, 1.@ri"ioriroeco�,,iirity..-fl..gov
,.airity..fl.gov
PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS
ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE.
1
S1
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor James K.Scholl,District 3
The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2
Craig Cates,District 1
David Rice,District 4
Holly Merrill Raschein,District 5
Board of County Commissioners Meeting
April 16, 2025
Agenda Item Number: S1
2023-3944
BULK ITEM: No DEPARTMENT: County Attorney
TIME APPROXIMATE: STAFF CONTACT: Kelly Dugan
AGENDA ITEM WORDING: Approval of Agreement for Partial Release of Lien and authorization
for the County Attorney to execute the Agreement and a partial lien release, releasing the lien stemming
from Code Compliance Case CE20040127 only as to the property located at 1693 Bayview Dr, Little
Torch Key, and retaining the lien against the property subject to the code compliance case and any other
properties subject to the lien.
ITEM BACKGROUND:
The Monroe County Code Compliance Department brought a code compliance case, CE20040127,
against Grisell Gomez ("Respondent") for work without a permit (swimming pool, roof, steps) on the
real property located at 27715 Sea Whip Street, Little Torch Key, Florida 33042, Parcel ID No.
00214482-012400 ("Subject Property"). The Subject Property remains non-compliant. The amount of
the fine as of April 14, 2025, is $150,700.00 and continues to accrue at $100 per day.
A lien was recorded on March 9, 2021, in the Official Records of Monroe County at Book 3080, Page
644, stemming from CE20040127. At the time the lien was recorded, Respondent also owned the real
property located at 1693 Bayview Drive, Little Torch Key, Florida 33042, Parcel ID No. 00214481-
003500 ("Additional Property"). Pursuant to Section 162.09(3), Florida Statutes, the lien also attached
to the Additional Property, as property owned by the Respondent at the time of recordation.
Respondent is selling the Additional Property.
The County has filed a foreclosure action to enforce the lien, which remains pending in the Circuit
Court of the 16th Judicial Circuit in and for Monroe County, Florida, Case No. 2023-CA-512-K.
In order to facilitate selling the Additional Property, Respondent has proposed to hold $75,000 in
escrow with Respondent's attorney, as additional collateral security for the County's claim,pending
final resolution of the foreclosure action or other lawful resolution of the outstanding lien. In exchange,
the County would agree to record a partial release of the lien solely as to 1693 Bayview Drive, Little
Torch Key, Florida 33042 (the Additional Property). The lien will remain in place as to the Subject
Property and any other real or personal property owned by Respondent at the time the lien was
recorded.
1
Respondent will pay $60.00 to Monroe County Code Compliance for issuance and recordation of the
partial lien release prior to its recordation.
The partial release does not constitute a satisfaction or waiver of the underlying debt, and the County
maintains all rights and remedies, including but not limited to the right to continue prosecution of the
pending foreclosure action and to pursue full recovery of the outstanding fines, costs, and interest.
PREVIOUS RELEVANT BOCC ACTION:
On 4/19/23, the BOCC approved initiating litigation for injunction, foreclosure, money judgment,
and/or writ of execution.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Gomez partial release.pdf
2025-04-15 Partial lien release agreement.pdf
FINANCIAL IMPACT:
2
PREPARED BY AND RETURN TO D1
Kelly Dugan,Esq.
Assistant County Attorney
1111 12th Street,Suite 408
Key West,FL 33040-3005
RELEASE OF LIEN
MONROE COUNTY, FLORIDA,
Petitioner
vs.
GRISELL L GOMEZ, Case No.: CE20040127
Respondent
TO WHOM IT MAY CONCERN:
This is to certify that MONROE COUNTY, a political subdivision of the State of Florida, the
owner and holder of the Lien for non-payment of fines/liens referenced in the FINAL ORDER/LIEN,
previously recorded in the Official Records of Monroe County on March 9, 2021, at Document
Number 2307479,Book 3080,Page 644, securing said lien upon the property situated in said State and
County described at: 1693 Bayview Drive,Little Torch Key,Florida (Parcel No. 00214481-003500)
and more particularly described as follows:
Lot 35, Block 1, CORAL SHORES ESTATES MOBILE HOMES, SECTION ONE,
according to the Plat thereof recorded in Plat Book 6, Page 59, of the Public Records
of Monroe County, Florida.
hereby directs the Clerk of the Circuit Court and Comptroller to record this Release of Lien in the official
records of Monroe County, Florida. This release is a release of the afore-described property only and
does not operate to release the code compliance lien from any property other than that described above.
The aforementioned lien shall otherwise remain in full force and effect as to the property at 27715 Sea
Whip Street, Little Torch Key, Florida (Parcel No. 00214482-021400) and any other real or personal
property owned by Grisell L Gomez as allowed, and is enforceable by the laws of the State of Florida.
Witness my hand and seal this day of 2025, at Key West, Monroe County,
Florida.
Monroe County Attorney's Office
1111 12th Street, Suite 408
Key West, FL 33040
By:
Robert Shillinger, Jr.
County Attorney
3
STATE OF FLORIDA
COUNTRY OF
MONROE
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online
notarization, this day of 2025, by Robert Shillinger, Jr., County
Attorney for Monroe County, Florida, who is ❑ personally known to me or ❑ has produced a
as identification.
(SEAL)
Notary Public Signature
Name Printed:
My Commission Expires:
4
AGREEMENT FOR PARTIAL RELEASE OF LIEN
(WITH RESERVATION OF RIGHTS, NOTICE OF PENDING FORECLOSURE,
AND COLLATERAL HOLD)
Monroe County, Florida
Code Compliance Department
Case No.: CE20040127
Lien Recording Info: Official Records Book 3080, Page 644
Document No. 2307479
Petitioner, Monroe County, Florida, ("the County") a political subdivision of the
State of Florida and Respondent, Grisell L. Gomez, hereby agree to a partial
release of the lien recorded in Code Compliance Case CE20040127, only as to
the property at 1693 Bayview Drive, Little Torch Key, with terms as follows:
1. The County, through its Code Compliance Department, brought a code
compliance case, CE20040127, against Respondent for code
compliance violations on the real property located at 27715 Sea Whip
Street, Little Torch Key, Florida 33042, Parcel ID No. 00214482-012400
("Subject Property"), owned by Respondent.
2. A lien was recorded on March 9, 2021, in the Official Records of Monroe
County at Book 3080, Page 644, stemming from CE20040127 ("the
Lien").
3. At the time the Lien was recorded, Respondent also owned the real
property located at 1693 Bayview Drive, Little Torch Key, Florida
33042, Parcel ID No. 00214481-003500 ("Additional Property").
Pursuant to Section 162.09(3), Florida Statutes, the Lien also exists
against the Additional Property.
4. The County has filed a foreclosure action to enforce the Lien, which
remains pending in the Circuit Court of the 16th Judicial Circuit in and
for Monroe County, Florida, Case No. 2023-CA-512-K.
5. The County agrees to record a partial release of the Lien solely as to
1693 Bayview Drive, Little Torch Key, Florida 33042 (the Additional
Property). The Lien shall remain in place as to the Subject Property
and any other real or personal property owned by Respondent at the
time the Lien was recorded.
6. In consideration of the partial release, Respondent agrees that the sum
of Seventy-Five Thousand Dollars and Zero Cents ($75,000.00)
Page 1 of 2
5
shall be held in trust in The Smith Law Firm Trust Account as
additional collateral security for the County's claim, pending final
resolution of the foreclosure action or other lawful resolution of the
outstanding debt.
7. Respondent agrees to pay $60.00 to Monroe County Code Compliance
for issuance and recordation of the partial lien release prior to its
recordation. Payment shall be made to: Monroe County Code
Compliance, Attn: Nicole Petrick, 2798 Overseas Highway, Marathon,
FL 33050.
8. The partial release does not constitute a satisfaction or waiver of the
underlying debt. The County expressly reserves all rights and
remedies, including but not limited to the right to continue prosecution
of the pending foreclosure action and to pursue full recovery of the
outstanding fines, costs, and interest from the responsible party.
9. The partial release shall have no effect on the pending litigation, and
shall not be construed as a waiver, compromise, or satisfaction of any
amounts owed.
MONROE COUNTY, FLORIDA
By:
Name: Robert Shillinger, Jr.
Title: County Attorney
Grisell Gomez
Page 2of2
6