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A G R E E M E N T
THIS AGREEMENT entered into this 18th day of February
1983, by and between THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, hereinafter COUNTY, and OTTO K. DUHRKOFF, hereinafter OWNER.
W I T N E S S E T H:
THAT WHEREAS OTTO K. DUHRKOFF is the Owner of a certain parcel
of real property in Monroe County, Florida, described as follows:
Lot 9, Block 5, Replat of Block 5, Geiger Mobile Homes
4.Ls recorded in Plat Book 5, Page 77, according to the
- plat thereof recorded in Plat Book 6, Page 14 of the
°- Tublic Records of Monroe County, Florida.
and
_WHEREAS, the title to said real property (and to three additional
Farces owed by other individuals not parties to this agreement) have
been I ouded by a certain agreement between Scharf Land Development
Company, a Florida corporation, and Monroe County, dated December 8,
1970, recorded in Official Records Book 466, Page 387 -88 of the Public
Records of Monroe County, and
WHEREAS, Owner has been advised that Monroe County has expended
$52,800.00 in paving costs and has not been compensated therefor
pursuant to said agreement, and
WHEREAS, Owner is in the process of selling said property and
cannot convey good title based on said agreement and is therefore
desirous of removing said cloud on his title.
NOW, THEREFORE, in consideration of the premises and of the
mutual promises, covenants and agreements contained herein and for
other good and valuable consideration the receipt whereof is hereby
acknowledged by each of the parties hereto, the parties agree as
follows:
1. That Owner shall deposit into the trust account of its
attorney, Thomas J. Sireci, Jr., $13,200.00 upon its sale of the
property herein described, said sum being one - quarter (1/4) of the
paving costs incurred by Monroe County pursuant to its agreement with
Scharf Land Development Company.
2. That said sum shall be held in trust pending legal deter-
mination of Monroe County's claim to a lien on Owner's property.
3. That Monroe County shall simultaneously with deposit of
said sum by Owner execute and deliver a Release of Lien of said agreement
as to Owner's lot only to Owner.
4. That in the event Monroe County's claim to a lien on Owner's
property is established in a Court of competent jurisdiction, Thomas J.
Sireci, Jr. or his successor shall cause to be released to Monroe County
the sum held in trust as hereinabove provided. If it is determined
that Monroe County does not have a lien on Owner's property, said funds
shall be returned to Owners.
5. That this agreement shall not be construed as a release
of Scharf Land Development Company from liability in damages to Monroe
County based on breach of contract under the agreement herein referenced
or as a release of Scharf Land Development Company from liability and
damages to Owner based on the breach of warranties of title contained in
the Warranty Deed from Scharf Land Development Company to Owner
recorded in Official Records Book 486, Page 671 of the Public Records
of Monroe County, Florida.
IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands and seals this 18th day of February , 1983.
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FIG Oil PACE tju
Signed, sealed and delivered in BOARD OF COUNTY COMMISSIONERS OF
our presence: MONROE COUNTY, FLORIDA
1
BY �i A 'MOW 4,1111.0.
'rry He name C airman
A . s t
As to the County
OTTO K. DUIH <O ?F
A * er 41:(C)444)CA
STATE OF FLORIDA
COUNTY OF MONROE
I HEREBY CERTIFY that on this 18th day of February
1983, before me personally appeared Jerry Hernandez, Chairman /Mayor
of Monroe County, and Ralph W. White , County Clerk, to
me known to be persons described in and who executed the foregoing
agreement and they severally acknowledged the execution thereof to be
their free act and deed as such officers for the uses and purposes
therein mentioned and that they affixed thereto the official seal of
said County and said instrument is the act and deed of said County.
WITNESS my signature and official seal, at Key West
County of Monroe, State of Florida, the day and year last aforesaid.
*
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STATE OF NEW JERSEY
COUNTY OF Cape May
I HEREBY• CERTIFY that on this 10th day of March
1983, before me personally appeared OTTO K. DUHRKOFF, to me known to be
the person described in and who executed the foregoing agreement and
he acknowledged the execution thereof to be his free act and deed for
the uses and purposes therein mentioned.
WITNESS my signature and official seal, at Cape May
•
Co my of Cape May, State of New Jersey the day and year last aforesaid.
A 4
•avid A. Mast= son Sr.
New Jersey r . tary Public NOTARY PUBLIC ' ;
Ply Commiss Of .pi -res March 10th -1985 ° r
DAVE 'A.-MASTERSOPLSR. My Commission Expires:
31 Beaddiurst Drive
cp ' r; v. J:; O$204
RECORDED IN OFFICIAL RECORDS 800A
OF MONROE 000NTY, FLORIIA.
RECORD VElilf1E0
RALPH W. WHITE
- 2 - C[ERK CIPC1!T COURT
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F C 8 ' P AGE c rn-d �(�
PARTIAL RELEASE OF LIEN f'
KNOW ALL MEN BY THESE PRESENTS
WHEREAS, SCHARF LAND DEVELOPMENT CO., a Florida corporation,
by Agreement bearing date the 8th day of December, A.D. 1970, and
recorded in the Office of the Clerk of the Circuit Court in and for
the County of Monroe, State of Florida, in Official Records Book 466,
Page 387 -388, granted and conveyed unto Monroe County, Florida, aad
assigns the premises therein particularly described, as security for
the construction and paving of streets in Tamarac Park, and
WHEREAS, SCHARF LAND DEVELOPMENT CO., a Florida corporation,
notwithstanding said Agreement conveyed that parcel hereinafter described
to OTTO K. DUHRKOFF, and
WHEREAS, the said OTTO K. DUHRKOFF requested the said Monroe
County through its Board of County Commissioners to release the premises
hereinafter described, being part of said premises, from the lien and
operation of said Agreement.
NOW, THEREFORE, KNOW YE, That the said Monroe County through
its Board of County Commissioners as well in consideration of the
premises as of the sum of Thirteen Thousand Two Hundred ($13,200.00)
Dollars, to it paid by the said OTTO K. DUHRKOFF into the Trust Account
of Thomas J. Sireci, Jr., Esq., at the timE of execution hereof
pursuant to an Agreement executed the 18th .'y of February, 1983,
between Monroe County and OTTO K. DUHRKOFF, ie receipt whereof is
hereby acknowledged, does remise, release, qu:: claim, exonerate and
discharge from the lien and operation of said. Agreement to the said
OTTO K. DUHRKOFF, his heirs and assigns, all that piece, parcel or
ame
tract of land, being a part of the premises conveyed by laid `l greOpen_t,
gam 1 .
to -wit:
z ,n
Lot 9, Block 5, Replat of Block 5, Geiger Mobile
Homes as recorded in Plat Book 5, Page 77, according
to the plat thereof recorded in Plat Book 6, Page l ,
of the Public Records of Monroe County, Florida.
TO HAVE AND TO HOLD the same, with the appurtenances unto
the said OTTO K. DUHRKOFF and assigns forever, freed, exonerated and
discharged of and from the lien of said Agreement, and every part
thereof; Provided, always, nevertheless, that nothing herein contained
shall in anywise impair, alter or diminish the effect, lien or
incumbrance of the aforesaid reement on the remaining part of said
r
E 811 PACE j tt
subject premises, not hereby released therefrom, or any of the rights
and remedies of the holder hereof.
IN WITNESS WHEREOF, the said Monroe County has hereunto
set its hand and seal this 18th day of February , 1983.
Signed, Sealed and Delivered BOARD OF COUNTY COMMISSIONERS OF
in the presence of MONROE COUNTY, FLORIDA
{
BY• _
1 RRY H RNA DEZ'
airma /Mayor
ATTEST:
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STATE OF FLORIDA
COUNTY OF MONROE
I HEREBY CERTIFY that on this 18th day of Februuay
1983, before me personally appeared JERRY HERNANDEZ, Chairman /Mayor
of Monroe County and Ralph W. White , County Clerk, to me
known to be the persons described in and who executed the foregoing
Agreement and they severally acknowledged the execution thereof to be
their free act and deed as such officers for the use and the purposes
therein mentioned and that they affixed thereto the official seal of
said County and said instrument was the act and deed of said County.
WITNESS my signature and official seal at Key West, County
of Monroe, State of Florida, the day and year last aforesaid said.
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RECORDED IN OFFICINt DEODROR B09N
Of MOI1Of CCUKTY• FLOWM.
MOW VhNIFlED
RALPH W. WHITE
CAERK CIRCOIT GOURT
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