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Home My WebLink AboutItem T3 Liz Yongue From: Gomez-Krystal <Gomez-Krystal@MonroeCounty-FL.Gov> Sent: Tuesday, May 20, 2025 2:48 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; Powell-Barbara Subject: ADD-ON Item T3 05/21/2025 BOCC Meeting Attachments: AIS 4056.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 Settlement Agreement in Monroe County v. Leonardo Rodriguez and Pilar Franco, 22-CA-349-P." The Agenda Item Summary is attached.Once approved,this will be considered Add On Item T3. 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 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 May 21, 2025 Agenda Item Number: 2023-4056 BULK ITEM: Yes DEPARTMENT: County Attorney TIME APPROXIMATE: STAFF CONTACT: Kelly Dugan AGENDA ITEM WORDING: Approval of Settlement Agreement in Monroe County v. Leonardo Rodriguez and Pilar Franco, 22-CA-349-P. ITEM BACKGROUND: This is a Settlement Agreement to resolve a lien foreclosure case stemming from Code Compliance Case CE19030156. CE19030156 is compliant as of September 16, 2024. Fines accrued to $562,500, with code compliance costs of$1,614.80 and $10,797 in legal costs and attorneys' fees, for a total owed by Defendants of$574,911.80. The Settlement Agreement will resolve the outstanding lien and litigation for a total of$60,000.00, inclusive of a reduced fine, costs, and legal fees. Defendants will be required to pay by June 13, 2025. PREVIOUS RELEVANT BOCC ACTION: An Attorney-Client session was held November 19, 2024. Litigation was approved by the BOCC at the June 16, 2021, meeting. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: Rod Franco Sett siged by Defs.pdf FINANCIAL IMPACT: 1 IN THE CIRCUIT COURT OF THE 161h JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA, Case No. 22-CA-349-P a political subdivision of the State of Florida, (L.T. CE19030156) Plaintiff, vs. LEONARDO RODRIGUEZ and PILAR FRANCO, Defendants. SETTLEMENT AGREEMENT Plaintiff, Monroe County, Florida, (the County) a political subdivision of the State of Florida, and Defendants, Leonardo Rodriguez and Pilar Franco, hereby agree to settle the existing code enforcement lien imposed by the Special Magistrate regarding real property located at 429 Big Pine Road, Key Largo, Florida 33037 ("Subject Property"), as follows: 1. The County brought a code compliance case, CE19030156, against the Defendants. The County brought the instant action to enforce the lien stemming from CE19030156, seeking Foreclosure, Money Judgment, and/or Writ of Execution per the Amended Complaint. 2. Defendant Leonardo Rodriguez currently owns the Subject Property. Defendants Leonardo Rodriguez and Pilar Franco were the record owners of the Subject Property when the code compliance case was initiated and when the Final Order was issued. 3. The total fine is $562,500.00, with code compliance costs of $1,614.80, and $10,797.00 in legal costs and attorneys' fees, for a total owed by Defendants of$574,911.80. 1 4. The parties agree to a settlement amount of $60,000.00 total, encompassing a reduced fine ($47,588.20), code compliance costs ($1,614.80), and legal fees ($10,797.00). 5. Defendants agree to pay $60,000.00, in full, on or before 5:00 p.m., June 13, 2025. Payment shall be made to: Monroe County Code Compliance,Attn:Nicole Petrick, 2798 Overseas Highway, Marathon, FL 33050. 6. If Defendants fail to pay the settlement amount in full by 5:00 p.m., June 13, 2025, then this Settlement Agreement will be deemed to have been breached, invalidated, and rendered unenforceable by Defendants, and the code enforcement fines and lien will revert back to the full amount in Paragraph 3, less any monies received by the County. The County may further seek to recover the code compliance fines, costs, legal costs, and attorneys' fees as stated in Paragraphs 3 and 4,plus any additional code compliance costs,legal costs,and attorneys' fees incurred in further litigating the instant case. 7. Once full payment is received on or before 5:00 p.m., June 13, 2025, the County agrees, within 30 days, to: a. Issue a release and satisfaction of the lien for code case CE19030156, recorded in the Official Records of Monroe County, Book 2981, Page 203. b. Issue a release of the Lis Pendens, recorded in the Official Records of Monroe County, Book 3197, Page 2148. c. Enter a Voluntary Dismissal in the instant case. 8. The Court shall retain jurisdiction to enforce compliance with the terms set forth in this Settlement Agreement. 2 9. 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 parry knows of any fact or circumstance, which would cause this Agreement to be void or unenforceable. 10. These settlement negotiations have been undertaken by the parties in good faith. 11. 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 to this Agreement shall be in the Circuit Court of the 16th Judicial Circuit in and for Monroe County, Florida. 12. It is agreed and understood that this Settlement Agreement shall be and is forever binding upon the parties, including their successors-in-interest. 13. 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. 14. 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, 3 reservations,restrictions,rights,terms, and remaining portion(s)thereof shall continue unimpaired in full force and effect. 15. 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. 16. 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 to attempt to enforce any third- party claim(s) or entitlement(s) to or benefit(s) from any conditions, provisions, or terms hereunder. 17. 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. 18. 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. 19. Once fully and finally executed by the Parties, this Agreement shall be considered legally effective and forever binding on the parties. 4 W sigglatum Date 1,w lark STAImrof°Fl jN ub c fl. ,l and sworn to or !marled before nrc, by nicans of 0 physical prc crwc or 0 online notarization,on . „� ��..... ..., (date) ;a s�a / M r t �r n to 1� produced� _,. ." ,� . ... _. '.. m .,. ,....,.,.....,�. .,.,�."......_.�._ (ty f 1 el as identification. Nodary Public State of F . . ..._aGabrlella _ rarao.�. _. Expdrea $H 2l2026 My Commission l fres: may I - -LOIC5 Date STATE OF: _v0 f;.dA. ... COUNTY O . .�Om.�.._Ca ►_�.�..,.... _.._...._..m Subscribed and sworn to (or ff nued) bcforc me, by means of aillysical presence or 0 online notarization, t jA!,;:x. _..ti��p2-c�'2`� _.. � � _ ..._ a.._._ ._,. _._ ._.(date) by— . _ -1 !Y"1 .1. _w f' t ..(n me f alert), fic/She is personally knownt sac r 1a produced of identification) as identification. Notary Public State at Florida Gabriella Franco My Commission HH 616566 My,Commission Expires: Robert Shillinger Date Monroe County Attorney REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 6