Item S06
BOARD OF COUNTY COMMISSIONERS
Agenda Item Summary
Meeting Date April 21, 2004
Division
County Attorney
AGENDA ITEM WORDING
Approval of amended settlement agreement of code enforcement lien against Darrell Wolfe and
authorization for staff to execute release of lien once terms of settlement agreement have been met.
ITEM BACKGROUND
The settlement agreement approved last month included language that left doubt as to whether the
County was relinquishing its entire lien hold interest in Mr. Wolfe's property. The amended
settlement agreement eliminates the doubt caused by paragraph one of the original settlement
agreement. As a sign of good faith, Mr. Wolfe has already tendered the agreed upon figure of
$1,000.00
PREVIOUS RELEVANT BOCC ACTION
The BOCC authorized the initiation of collection litigation on November 19, 2003 and authorized
settling the lien for $1,000.00 on March 17, 2004.
CONTRACT/AGREEMENTCHANGES
STAFF RII:COMMENDAnONS
Approval.
TOTAL COST
BUDGETED Yes No
COST TO COUNTY
SOURCE OF FUNDS
APPROVED BY:
County Attorney _ OMB/Purchasing 0 Risk Management 0
DIVISION DIRECTOR APPROVAL: ~~~ ~\O\\o~
JOHN R. COLLINS
DOCUMENTATION:
Included xxD
To Follow 0
Not Required 0
AGENDA ITEM #
SLJ;
BEFORE THE CODE ENFORCEMENT SPECIAL MASTER
OF MONROE COUNTY, FLORIDA
The Honorable J. Jefferson Overby, Presiding
MONROE COUNTY, FLORIDA
Petitioner,
vs.
CASE NO.: CE03040122
DARREL_L WOLFE,
Respondent( s)
/
AMENDED SETTLEMENT AGREEMENT
The Petitioner Board of County Commissioners of Monroe County and
DARRELL WOLFE, Respondent(s), hereby amend and replace the settlement agreement
presented to and approved by the Board of County Commissioners on March 17, 2004,
and the parties further presented agree to settle the code enforcement lien imposed in the
above-referenced case by the Special Master against property owned by the
Respondent(s) as follows:
1. In order to resolve their differences amicably, avoid the expense of
litigation, and buy peace in this matter, the parties agree to settle the code
enforcement lien recorded at Book 1909, Page 137 of the Official Records
of Monroe County for $1,000.00.
2. The property is currently in compliance with the Monroe County Code.
3. The property in question has a legal description of Lot 20, Block 4,
BAHIA MAR ESTATES Subdivision, KEY LARGO, Monroe County,
FL (RE: 00544070-000000).
4. As a sign of good faith, the Respondent has already tendered a payment in
the amount of $1 000.00 to the Board of County Commissioners.
5. Once this agreement has been executed by both parties and the
aforementioned check has cleared, the County will issue to the
Respondent(s) a release and satisfaction of said lien for filing by the
Respondent(s) in the Official Records of Monroe County.
6. The County will file a copy of the release and satisfaction in official the
Code Enforcement file.
7. By entering into this agreement, each party agrees to waive any and all
claims that it could have raised and/or potential claims that it might have
been able to raise as a result of the above-captioned code enforcement
case.
8. Both parties warrant that they have had an opportunity to consult with
counsel before entering into this agreement.
9. Each party agrees to bear its own costs and attorney's fees other than as
specified in this agreement.
10. The effect of substituting this amended settlement agreement for the one
approved by the Board on March 17,2004 is to remove any doubt and/or
ambiguity that the Board is relinquishing any and all interest the County
may have had against the subject property or any other property owned by
the Respondent(s) and by affirmatively releasing the Respondent(s) of any
further liability for the fines imposed by the Special Master.
ATTEST:
DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Deputy Clerk
By:
Murray Nelson, Mayor
Dated
DARRELL WOLFE, Respondent
By:
Notary Public
( date)
This document was prepared and approved for legal sufficiency by:
Robert B. Shillinger, Esq.
Assistant County Attorney
Florida Bar No.: 058262
P.O. Box 1026
Key West, FL 33041-1026
(305) 292-3470