15-CA-327-P/Mediation Agreement1
IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
MONROE COUNTY, a political subdivision Case No.: CA-P-15-327
of the State of Florida
Plaintiff,
V.
GMAC MORTGAGE, LLC, et al
Defendants
MEDIATION AGREEMENT
THIS ACTION having come to mediation as a reed to b all counsel and being
heard by Mediator EUGENE KYLE, ESQ. on th 3rd day :oof:February, 2016, 1:00 p.m.
the parties hereby stipulate and agree to the following matters and/or issues:
.The Plaintiffs will accept the sum of $15,700.00 (FIFTEEN THOUSAND SEVEN
HUNDRED DOLLARS) , in toto, inclusive of fines and costs regarding the property
known as 367 KING AVENUE, KEY LARGO, FLORIDA 33037. Both parties
ecknowledge that Defendant has alreadv vaid the sum of $43.955.36 99to the Plaintiff,
Zwhich will necessitate a refund of $28.255.36 from the Plaintiff to the Defendant:
agreement is contingent upon successful inspections by both the Department of Health
and Monroe County, It is the reasonable belief of both parties that the sewer connection
work had been completed, and has been called in to the County for final inspection. The
Mediation fess are a total of SIX HUNDRED DOLLARS. The Defendant will be
responsible for paying one half (1/2) of the fees, or $300.00. The Mediator will submit a
Statement for Services to Monroe County for the other $300.00. This agreement is
subject to and becomes effective only upon the approval and ratification of the Monroe
County Board of Commissioners, and will be null and void if it is not so approved and
ratified. This mediated settlement agreement is also subject to the parties' execution of a
subsequent settlement agreement to be drafted by the parties.
The parties further agree:
There is good and valuable consideration for this agreement.
2. The parties have entered into this agreement knowingly, freely, and
voluntarily, having determined that they have adequate information upon
P
which to make informed decisions and having decided that it is in their best
interests to amicably resolve this action.
3. The Mediator has given no legal advice to either party.
4. Time is of the essence.
5. Each party will cooperate with the other and execute any documents necessary
or convenient to the effectuation of this agreement.
6. Except as may otherwise be specifically stated herein, this is the entire
agreement between the parties to this date. There are no promises or
understandings except as set out herein. Any prior understandings are
repudiated.
7. Neither party is under coercion or duress. Neither has been forced into this
agreement or threatened in any way.
8. Neither party knows of any fact or circumstance, which would cause this
agreement to be void or unenforceable.
9. Each party intends to be bound by this agreement and provides that it is
binding on their heirs, beneficiaries, successors and assigns.
10. This agreement is effective upon signing.
All matters raised at the Mediation Conference remain privileged and
confidential, unless otherwise agreed to by all parties and ordered by the Court.
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Dated t 's �--day of February, 2015.
a::7.
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Signature of Plaintiff s Counsel, Steven Williams, Esq.
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Signature of Defendant's Counsel, KYLE OHLENSCHLAFGER� e egg .
Signature of Defendant's Representative, HOWARD HANDVILLE