Case No. 98-334-CA-18IN THE CIRCUIT COURT OF THE 16TH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
TRELMARIE FOUNTAIN,
as trustee for Robert Siegmund,
Plaintiff,
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CASE NO. 98-334-CA-18
MONROE COUNTY, FLORIDA, 3
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SETTLEMENT AGREEMENT`S
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Plaintiff, Trelmarie Fountain, as trustee for Robert Siegmund, and Defendant, lnrna CSty,
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Florida agree as follows.
Recitals
1. Whereas, Plaintiff owns Lot 19 Sugarloaf Shores, Section D, located in Government Lots
1, 2, 3, and 4, Section 3 Township 67S, Range 27E, Sugarloaf Key, Monroe County, Florida, as
recorded in Plat Book 4, Page 88 of the Public Records of Monroe County, Florida; and
2. Whereas, Monroe County issued Building Permit No. 92-1-004436 to construct a single
family home on the property; and
3. Whereas, the permit became effective on 7/25/92; and
4. Whereas, an auger inspection was approved on 9/l/92; and
5. Whereas a column inspection was approved on 12/9/92; and
6. Whereas a slab inspection was approved on 5/28/93; and
7. Whereas a tie beam inspection for the upper floor was approved on 10/26/93; and
8. Whereas, a roof truss/sheathing inspection was approved on 3/18/94; and
9. Whereas on 1/20/95, Plaintiff failed to pass a final roof inspection; and
10. Whereas, the building permit expired for failure to meet the continuous construction
requirements of ch. 6, MCC; and
11. Whereas, the home is substantially completed; and
12. Whereas, Plaintiff has agreed to correct any and all deficiencies in construction identified
by the Monroe County Building Department.
NOW THEREFORE, THE PARTIES AGREE:
13. Monroe County will reinstate Permit No. No. 92-1-004436, provided a licensed engineer
inspects the home and certifies in wriiting the building meets all building codes as of the date the original
permit was issued, or identifies any and all construction deficiencies. The engineer's report shall be
completed within 120 days of signing of this agreement.
14. The engineer may rely on prior approved inspections by the building department, and
need not re -inspect or certify that construction approved by the County meets the building codes. The
report shall include truss plans and certification as to the appropriateness of their installation. The report
shall also include a certificate of elevation.
15. Monroe County shall review the engineer's report and either accept or reject it in writing,
noting reasons why the inspection report is not acceptable. Plaintiff agrees to correct any and all
deficiencies identified by the engineer, or by the Monroe County Building Department, within 120 days
after Monroe County accepts the engineer's inspection report. Upon completion of the work, the
engineer shall certify in writing the deficiencies have been corrected in accordance with the building
codes. The building permit shall expire automatically without further notice if Plaintiff fails to correct
the deficiencies as required. Plaintiff may request an extension of time to correct the deficiencies for -
good cause shown.
16. Once the deficiencies have been identified and corrected, Plaintiff shall complete
construction of the home in a timely manner, including meeting the 120-day inspection provisions in ch.
6, MCC.
17. A fee of $250 shall be required for reactivation of the existing permit and payment of all
appropriate impact fees shall be required.
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18. A valid Health department/septic tank permit and a final inspection by the Health
department shall be required prior to the issuance of the certificate of occupancy.
19. Upon issuance of certificate of occupancy, the parties will file a joint stipulation of
dismissal with prejud' e.
Trelmarie Fountain, as trustee
for Robert Siegmund.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a
regular meeting of said Board held on the 12 day of August, 1998.
Mayor Jack London
Commissioner Keith Douglass
Commissioner Shirley Freeman
Commissioner Wilhelmina Harvey
Commssioner Mary Kay Reich
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
By:
Deputy Clerk
A roved as to form and legal sufficiency:
Karen K. Cabanas, Esq.
For Monroe County
Date: d"'2%' 4M
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yes
yes
Yes
yes
yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman