16-CA-239-P Settlement AgreementA
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RECEIVED
JUL 2 12016
IN THE CIRCUIT COURT OF THE 16TH JUDICIAL CIRCUIT MONROE COUNTY ATTORNEY
IN AND FOR MONROE COUNTY, FLORIDA
CIVIL DIVISION
Board of County Commissioners
of Monroe County, Florida,
a political subdivision of
the State of Florida,
Plaintiff,
James Howard and,
Patrick Howard,
Defendant,
SETTLEMENT AGREEMENT
Case No.: 16-CA-239-P
Hon. Luis Garcia
The Plaintiff, Board of County Commissioners of Monroe County ("County") and
Defendants, James Howard and Patrick Howard, agree to settle the above -styled matter as
follows:
1. The County brought this action to enforce an unpaid code enforcement lien against James
Howard and Patrick Howard, and their property located at Block 2, Lot 15, Hibiscus Park, a
subdivision according to the Plat thereof, as recorded in Plat Book 3, at Page 166, of the Public
Records of Monroe County, Florida. Also known as 29 Hibiscus Lane, Key Largo, Florida
33037, Monroe County, Florida (RE #: 00507580-000000) ("the property") as a result of a
violation found in Code Enforcement case number CE 14050075.
2. Upon execution of this agreement and approval of the Board of County Commissioners, the
parties shall submit it to the Court for final approval. This agreement shall effect upon approval
by the Court.
3. The Defendants, James Howard and Patrick Howard, own the property.
4. The County holds a valid code enforcement lien against the property due to fines imposed by
the Code Enforcement Special Magistrate against Defendants on September 25, 2014 as a result
of a violation of the Monroe County Code.
5. The Defendants agree to pay a total of $2,401.40 over a six month period as a settlement of the
full $40,800.70 amount owed if this settlement agreement is not reached. The first payment
should be made on or before August 1, 2016. Thereafter, 5 consecutive equal payments of
$400.23 should be made, with the last payment on or before January 1, 2017.
6. Payments shall be made payable to: Monroe County Code Compliance, Attn: Nicole Petrick,
2798 Overseas Highway, Marathon, FL 33050.
7. If the County does not receive the payments by the deadlines set forth in paragraph (5), this
agreement is voidable and will revert to full amount as set forth in paragraph (5) at the option of
the County, upon written notice to the Defendants.
9. Once the outstanding settlement amount is fully received, upon the execution of this
agreement and approval from the Board of County Commissioners, the County will:
a. File a notice of voluntary dismissal with prejudice and release of lis pendens with the
Clerk;
b. Issue Defendants, James Howard and Patrick Howard, a release and satisfaction of the
underlying code enforcement lien for filing by the Defendants in the Official Records of
Monroe County.
9. 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.
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JaVnes Howard Date
Defendant J
Patrick Howard date
Defendant
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Steven T. Williams Date
Assistant County Attorney