The URL can be used to link to this page

Home My WebLink About2024-288A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR INDIAN RIVER COUNTY, FLORIDA INDIAN RIVER COUNTY, FLORIDA, A political subdivision of the State of Florida CASE NO. 31 -2024 -CA -000024 Plaintiff, vs. SCOTT MARK COLLINS; PATRICK BRIAN COLLINS; SHAWN MICHAEL COLLINS; DANIEL JOHN COLLINS; UNKNOWN OCCUPANT NO. 1; and UNKNOWN OCCUPANT NO. 2, Defendants. SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT (the "Agreement" and "Settlement Agreement") is dated September 10, 2024 and is by and between: INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida ("IRC'), and Defendant PATRICK BRIAN COLLINS ("Patrick Collins'). IRC and Patrick Collins are collectively referred to herein as the "Parties": and individually, in context as applicable, as a "Party." RECITALS IRC, through its attorney of record, D. Johnathan Rhodeback, Esq., of Dill, Evan & Rhodeback (the "IRC Attorney" and "IBC's Attorney') filed IRC's Plaintiff's Complaint (Filing #189755027 E -Filed 01/15/2024xthe "Complaint') in the above -captioned action (the "Pending Action"). Plaintiff's Complaint in the Pending Action asserts causes of action against Defendants, Scott Mark Collins, Patrick Brian Collins, Shawn Michael Collins, Daniel John Collins, Unknown Occupant No. 1, and Unknown Occupant No. 2, (collectively referred to as the "Defendants'). The causes of action and claims asserted by IRC as Plaintiff in the Complaint involve real property commonly described as 356 181h Ave, Vero Beach, FL 32962 and further described as follows: Lot 15, Block B, Indian River Heights, Unit #3, according to the plat thereof, as recorded in Plat Book 6, Page 49, of the Public Records of Indian River County, Florida. (the "Property") IRC asserts in its Complaint the following causes of action: (1) Count I of the Complaint seeks for Foreclosure of Code Enforcement Lien against the Property and requests a deficiency judgment relating to the Property and liens at issue; (2) Count Il of the Complaint seeks for Foreclosure of a claim for unpaid charges for Water and Sewer Services pursuant to Section 153.67 Fla. Stat. and also requests a deficiency judgment relating to the Property and liens at issue; (3) Count III of the Complaint seeks for money judgment based on the Code Enforcement Lien against the named Defendants as the defined "Designated Representatives" which the Complaint alleges includes the undersigned Defendant, Patrick Brian Collins; (4) Count IV of the Complaint ' A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK seeks a money judgment in connection with the claim for unpaid charges for Water and Sewer Services against the named "Designated Representatives." The Property was previously owed by Patrick E. Collins (the father of Patrick Brian Collins) and Marguerite R. Collins (the mother of Patrick Brian Collins). As alleged in the Complaint, Patrick E. Collins died on or about May 12, 2008, and Marguerite R. Collins remained as the sole owner of the Property until her death on or about January 5, 2012. To the best knowledge of Patrick Brian Collins, a probate proceeding was not filed or opened by the named personal representative or any other person for Marguerite R. Collins. Prior to the filing of the Complaint, Patrick Brian Collins, did not have knowledge of or possession of the Last Will and Testament of Marguerite R. Collins (purportedly signed October 28, 1987)(the "Last Will") and was not appointed as "personal representative" of any estate for or relating to Marguerite R. Collins. Patrick Brian Collins has not taken title to the Property or received a deed conveying any interest in the Property to Patrick Brian Collins. Accordingly, while Patrick Brian Collins is a descendant of his mother Marguerite R. Collins and a named beneficiary of the residual property in the Last Will, Patrick Brian Collins does not hold legal title in and to the Property and has no knowledge concerning the title to the Property and any liens and encumbrances attaching to and encumbering the Property. The Parties hereto intend to settle their respective causes of action, claims and disputes and the Pending Action on the terms and subject to the conditions set forth in this Settlement Agreement below. AGREEMENT NOW, THEREFORE, in consideration of mutual covenants set forth herein, the receipt and sufficiency of which are hereby acknowledged, Parties hereby agree as follows: 1. Recitals/Exhibits. The above Recitals are hereby incorporated into this Settlement Agreement by this reference as if fully set forth in this paragraph. All schedules and exhibits expressly identified herein are hereby incorporated into this Settlement Agreement, by this reference, as if fully set forth in this Settlement Agreement. 2. Stipulation to in Rem Final Judgment of Foreclosure. Simultaneously with the execution of this Agreement, Defendant Patrick Brian Collins shall sign the Stipulation To In Rem Final Judgment Of Foreclosure Against Defendant, Patrick Brian Collins, Only, attached hereto as Exhibit "A" (the "Patrick Collins Stipulation for Foreclosure") and deliver an electronic copy of the signed Patrick Collins Stipulation for Foreclosure D. Johnathan Rhodeback, Esq., (the "IRC Attorney"), as IRC's attorney of record in the Pending Action. Upon delivery from Patrick Brian Collins, the IRC Attorney shall sign on behalf of IRC as its authorized representative and agent and deliver an electronic copy of the signed Patrick Collins Stipulation for Foreclosure to Patrick Brian Collins c/o his counsel, James Fallace, Esq., of Fallace & Larkin, at: jim@fallacelarkinlaw.com. 3. IRC's Voluntary Dismissal. Simultaneously with the execution of this Agreement, IRC through the IRC Attorney shall sign Plainti)f s Notice of Voluntary Dismissal of Claims Against Defendant, Patrick Brian Collins, Only, With Prejudice, pursuant to Fla. R. Civ. P. 1.420(a)(1)(A), attached hereto as Exhibit "B" (the "IRC Voluntary Dismissal") and within two (2) Business Days' of receipt of the signed Patrick Collins Stipulation for Foreclosure shall file of record in the Pending Action with the Clerk of Court and Comptroller for Indian River County, Florida, PlaintijTs Notice of Voluntary Dismissal of Claims Against Defendant, Patrick Brian Collins, Only, With Prejudice, and all other documents necessary to cause as I "Business Day" shall mean any day of the week in which the Indian River County Courthouse is open to the general public. 2 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK dismissal, with prejudice, of those claims and causes of action identified in Plaintiff's Notice of Voluntary Dismissal of Claims Against Defendant, Patrick Brian Collins, Only, With Prejudice. 4. No Personal Liability. IRC hereby agrees that Patrick Brian Collins shall have no personal liability for any deficiency judgment or for any money judgment or other causes of action and claims asserted personally against Patrick Brian Collins as alleged in the Complaint and any other pleadings and motions filed in the pending Action and in Counts I, II, III and IV of the Complaint. The Parties hereto including IRC as the Plaintiff acknowledge and agree that Patrick Brian Collins is not obligated or liable personally for any money judgment or Claims personally against Patrick Brian Collins as alleged in the Complaint. 5. IRC Release Covenants. Indian River County, Florida, a political subdivision of the State of Florida on its own behalf and on behalf of anyone who can claim by or through Indian River County, Florida, including, without limitation, its predecessors, parent entities, subsidiaries, affiliates, insurers, successors and assigns (collectively referred to herein as the "IRC Group"), hereby forever releases and discharges Patrick Brian Collins and his estate, heirs, personal representatives, executors, agents, insurers, successors and assigns (collectively the "Patrick Collins Group"), from all demands, claims, causes of action, lawsuits, proceedings, actions, judgments, awards, interest, assessments, damages, costs, losses, injuries, fines, penalties, fees, debts, wages, compensation, commissions, benefits, reimbursements, attorney fees, expenses, liabilities and obligations of whatever kind or nature, known or unknown, at law and in equity, which the IRC Group has, had or may in the future have, against the Patrick Collins Group or which the IRC Group has incurred or may incur in the future, by reason of, relating to, arising from, in connection with, or in any way based on, each of the following: (a) facts, events, occurrences, claims, causes of action, debts, liabilities, obligations and all other matters alleged in Plaintiff's Complaint (Filing #189755027 E - Filed 01 /1 5/2024)(the "Complaint") and any amendments thereto filed or which may be filed in the above - captioned Pending Action including, without limitation, all claims and causes of action for any deficiency judgment, and as may be further alleged in any other pleadings and motions filed or which could have been filed in the Pending Action; and (b) the Property and all improvements thereto and any personal property thereon, including title thereto, any liens and encumbrances against and attaching to the Property, and any amounts due IRC relating to, in connection with, based on, or arising from the Property; and, (c) the Quit Claim Deed. Notwithstanding anything to the contrary, this release covenant and the provisions set forth in this paragraph are not intended and shall not be construed to release the Parties from their respective duties, obligations and the covenants expressly set forth in this Settlement Agreement and the Exhibits hereto. 6. Amendments/Modifications. This Settlement Agreement and each provision and covenant set forth herein may be changed, modified or amended only in writing in the form of a subsequent written document or amendment, authorized and signed by all Parties hereto. This Settlement Agreement and the Agreement as modified herein and each provision and covenant set forth herein shall not be changed, modified or amended by oral agreement or understanding or any course of conduct between the Parties. 7. Non -Admission. This Settlement Agreement and the execution thereof by the Parties, and any consideration provided for herein, is not intended and shall not constitute or be construed as an admission by any Party (or any such Partys agents, representatives, attorneys or employees) of any fault, wrongdoing, or liability whatsoever, or violation of any law, ordinance, agreement, obligation and duty imposed under any agreement or law or ordinance including, without limitation the facts, events and claims, and the causes of action alleged in the Complaint and all other pleadings and motions filed or which may be filed in the Pending Action. The Parties acknowledge that all such liability is expressly denied. This Settlement Agreement has been entered into by the Parties to release and compromise disputed claims as stated herein and to avoid the expense and burden of litigating in the Pending Action. 3 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK R. Counterparts/Electronic Signatures. This Settlement Agreement and each of the Exhibits hereto may be executed in separately in two or more counterparts, each of which shall be an original, but all of which together shall constitute one and the same instrument. A digital electronic copy of this Settlement Agreement and each of the Exhibits hereto and all signatures thereon shall be binding and shall be considered an original for all purposes. 9. Miscellaneous. For all purposes of this Settlement Agreement, time is of the essence. No rule of construction shall apply to this Settlement Agreement which construes any language, whether ambiguous, unclear, or otherwise, in favor of, or against any Party by reason of that Party's role in drafting this Settlement Agreement. IN WITNESS WHEREOF, the Parties hereto have caused this Settlement Agreement to be executed as set forth on their respective counterpart signature page on the day and year set forth below their respective signatures. (Remainder of page intentionally left blank; Counterpart signature pages follow]] 4 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK COUNTERPART SIGNATURE PAGE TO SETTLEMENT AGREEMENT [Dated: September 10, 20241 The undersigned hereby individually represents that the undersigned is an authorized agent, representative and officer of INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, and hereby signs the above -referenced Settlement Agreement and acknowledges by the execution of this Counterpart Signature Page, that INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida is bound by the terms and conditions of the Settlement Agreement. MMIS INDIAN RIVER COUNTY, FLO subdivision of the State of Florida By: SU N ADAMS, CHAIRMAN :RIVER CO OARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA LDate Signe . 2024. Attest: Ryan L. Butler, Clerk of Circuit Court and Comptroller By: P y Clerk A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK COUNTERPART SIGNATURE PAGE TO SETTLEMENT AGREEMENT [Dated: September 10, 2024] The undersigned PATRICK BRIAN COLLINS hereby signs the above -referenced Settlement Agreement and acknowledges by the execution of this Counterpart Signature Page, that Patrick Brian Collins is bound by the terms and conditions of the Settlement Agreement. PATRICK BRIAN COLLINS: By: PATRICK BRIAN COLLINS, individually Date Signed: 2024. G A TRUE COPY -CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK EXHIBIT "A" TO SETTLEMENT AGREEMENT {Dated: September 10, 20241 STIPULATION TO IN REM FINAL JUDGMENT OF FORECLOSURE AGAINST DEFENDANT, PATRICK BRIAN COLLINS, ONLY. (See Attached) 7 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY, FLORIDA. INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, CASE NO.: 312024 CA 000024 Plaintiff, V. SCOTT MARK COLLINS; PATRICK BRIAN COLLINS; SHAWN MICHAEL COLLINS; DANIEL JOHN COLLINS; UNKNOWN OCCUPANT NO. 1; and UNKNOWN OCCUPANT NO. 2, Defendants. STIPULATION TO IN REM FINAL JUDGMENT OF FORECLOSURE (AGAINST DEFENDANT, PATRICK BRIAN COLLINS, ONLY) COME NOW, the Plaintiff, INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida (the "County"), by and through its undersigned counsel, and Defendant, PATRICK BRIAN COLLINS (collectively, the "Parties"), hereby stipulate as follows: 1. On January 15, 2024, the County filed the above -captioned action against PATRICK BRIAN COLLINS and others seeking, inter alfa, to foreclose a code enforcement lien and a claim of lien for unpaid charges for water and sewer services upon the real property located at 35618 Avenue, Vero Beach, FL 32962. 2. The Parties stipulate that the County shall be entitled to foreclose upon subject property due to the aforementioned code enforcement lien and claim of lien for unpaid charges for water and sewer services. 3. In exchange thereof, the County hereby releases and waives any claims for deficiency or other money judgments against PATRICK BRIAN COLLINS in connection with the subject property and the above -captioned matter. 1 of 2 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK 4. The Parties further stipulate that each party shall bear their owns fees and costs, and this Stipulation may be signed in counterparts and an electronic copy of this Stipulation and all signatures thereon shall constitute an original for all purposes. DEFENDANT: DILL, EVANS & RHODEBACK Attorney for the County 1565 US Highway 1 Sebastian, FL 32958 Tel: (772) 589-1212 Fax: (772) 589-5212 Patrick Brian Collins D. Johnathan Rhodeback, Esq. FL Bar No.: 087081 Primary: Attorneys aldillevans.com Secondary: IslemyCwdillevans.com 2 of 2 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK EXHIBIT "B" TO SETTLEMENT AGREEMENT [Dated: September 10, 20241 PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL OF CLAIMS AGAINST DEFENDANT, PATRICK BRIAN COLLINS, ONLY, WITH PREJUDICE (See Attached) A TRUE COPY i._E^TIFICATION ON LAST PAGE ".YA, L. BUTLER, CLERK IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR INDIAN RIVER COUNTY, FLORIDA INDIAN RIVER COUNTY, FLORIDA, A political subdivision of the State of Florida CASE NO. 31 -2024 -CA -000024 Plaintiff, vs. SCOTT MARK COLLINS; PATRICK BRIAN COLLINS; SHANVN MICHAEL COLLINS; DANIEL JOHN COLLINS; UNKNOWN OCCUPANT NO. 1; and UNKNOWN OCCUPANT NO. 2, Defendants. PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL OF CLAIMS AGAINST DEFENDANT, PATRICK BRIAN COLLINS, ONLY, WITH PREJUDICE Pursuant to Fla. R. Civ. P. 1.420(a)(1)(A), Plaintiff, INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida ("IRC" and "Plaintiff'), by and through Plaintiff's undersigned attorney of record in the above -captioned action (the "Pending Action") hereby dismisses, with prejudice, each of the following: (1) all claims and causes of action alleged in Counts III and IV set forth in Plaintiffs Complaint (Filing 4189755027 E -Filed 0 1/ 1 5/2024)(the "Complaint") against Defendant, PATRICK BRIAN COLLINS ("Defendant" and "Patrick Brian Collins"); (2) all claims and causes of action and request for a deficiency judgment as alleged and demanded in Counts I and II of the Complaint against Defendant, Patrick Brian Collins; and (3) all claims and causes of action for any personal money judgment against Defendant, Patrick Brian Collins as may be alleged or demanded in any future pleadings and motions filed or which could be filed in the Pending Action. A TRUE COPY �;ERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK NOTWITHSTANDING THE FOREGOING: (A) THE COMPLAINT AND THE PENDING ACTION AND ALL CLAIMS ALLEGED THEREIN SHALL REMAIN PENDING AGAINST ALL OTHER DEFENDANTS; AND (B) PLAINTIFF SHALL BE ENTITLED TO AN IN REM FINAL JUDGMENT OF FORECLOSURE PURSUANT TO THAT CERTAIN STIPULATION TO IN ,REM FINAL JUDGMENT OF FORECLOSURE AGAINST DEFENDANT, PATRICK BRIAN COLLINS, ONLY, SIGNED BY THE UNDERSIGNED ATTORNEY OF RECORD FOR PLAINTIFF AND PATRICK BRIAN COLLINS. 2 DEFENDANT: COUNSEL FOR PLAINTIFF: s/ D. Johnathan Rhodeback D. JOHNATHAN RHODEBACK. ESQ. Florida Bar No.: 087081 DILL, EVANS & RHODEBACK 1565 US Highway 1 Sebastian, FL 32958 Tel.: (772) 589-1212 Fax: (772) 589-5212 Primary Email: Attorneys@dillevans.com Secondary Email:-Islemy@dillevans.com Date Signed: , 2024 STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE OROGINAL ON FILE IN THIS OFFICE. r1f) RYAN L. BUTLW. CLERK 2;, M6"11 ' CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing document have been served upon: Patrick Brian Collins, 1368 Deer Trial, Rockledge FL 32935, via US First Class mail this day of 2024. s/ D. Johnathan Rhodeback D. JOHNATHAN RHODEBACK. ESQ. Florida Bar No.: 087081 DILL, EVANS & RHODEBACK 1565 US Highway l Sebastian, FL 32958 Tel.: (772) 589-1212 Fax: (772) 589-5212 Primary Email: Attorneys@dillevans.com Secondary Email:-Islemy@dillevans.com Attorney for Plaintiff