08/19/2020 Agreement IN THE SIXTEENTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA,
IN AND FOR MONROE COUNTY
MONROE COUNTY, FLORIDA, Case No.: 2016-CA-330-K
a political subdivision of the State of Florida,
Plaintiff/Counter-Defendant, Hon. James M. Barton II
v.
HAROLD KEITH MUNT,
Defendant/Counter-Plaintiff.
SETTLEMENT AGREEMENT BETWEEN
PLAINTIFF MONROE COUNTY.FLORIDA
AND DEFENDANT HAROLD KEITH MUNT
Plaintiff Monroe County, Florida("Monroe County" or the"County"), and
Defendant Harold Keith Munt("Munt" or the"Defendant"), hereafter collectively
referred to as the "parties," hereby agree to forever settle the above-captioned
litigation as follows:
1. WHFREAS, Munt currently owns those certain below-described parcels of
real property, and took title to them pursuant to those certain deeds recorded
in the Official Records of Monroe County on or about August 25th, 1998, at
Book 1533,Page 2433,Document Number 1081423, on or about June 5th,
2001, at Book 1700, Page 796, Document Number 1238468, and on or about
September 26th, 2005, at Book 2153,Page 829, Document Number 1542773.
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Lot 33,Section A, Long Beach Estates, according to the Plat thereof,
recorded in Plat Book 5,Page 38, Public Records of Monroe County,
Florida,currently bearing Parcel Identification No. 00317050-000000,
and presently having an address of 1258 Long Beach Drive,Big Pine
Key,FL 33043.
Lot 34,Long Beach Estates, Section "A",according to the plat thereof
of record in Plat Book 5,Page 38 of the Public Records of Monroe
County,Florida,currently bearing Parcel Identcation No. 00317060-
000000 and presently having an address of 1238 Long Beach Drive, Big
Pine Key, FL 33043.
("Property")
2. WHEREAS,the parties desire to forever compromise and settle and hereby
stipulate and bindingly agree to the following:
NOW,THEREFORE, for good and valuable consideration, the adequacy of
which is hereby expressly acknowledged and attested to by the parties, Munt and
the County hereby agree as follows:
Section 1 -Recitals. The foregoing recitals are true and correct and are hereby
incorporated as if filly set forth herein.
Section 2 - Settlement. The parties have entered into this Settlement
Agreement knowingly, freely, and voluntarily,having determined that they have
adequate information upon which to make informed decisions and having decided
that it is in their best interests to amicably resolve this action.
A. Neither party is under coercion or duress.Neither has been forced into
this Agreement or threatened in any way.
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B. Neither party knows of any fact or circumstance,which would cause this
Agreement to be void or unenforceable.
C. Except as provided herein,the parties agree that each party shall bear its
own attorneys' fees, costs and expenses arising out of, in connection
with, or related to,this litigation,whether such fees, costs or expenses
have been incurred prior to the execution of this Agreement or will be
incurred after its execution.
D. Munt warrants and represents he has not conveyed the Property or any
interest therein to any person or entity. Munt agrees to, within thirty (30)
calendar days of the County's approval of this Agreement,convey the
two above-described parcels over to Monroe County,' such approval
being evidenced in the form of the undersigned Assistant Monroe
County Attorney's executed approval of this Agreement and ratifying
approval by the County's Board of County Commissioners. After the
County's receipt and recordation of said Quit Claim Deed,2 the County
shall within five calendar(5)days thereafter issue and convey unto Munt
a recordable release and satisfaction of judgment("Release") forever
' Via one Quit Claim Deed conveying Munt's interest in the two above-described parcels to the
Board of County Commissioners of Monroe County,Florida
z Upon receipt of the Quitclaim Deed,the County shall promptly move to have the Monroe
County Clerk of Court record said Deed,and the cost of recording it shall be borne entirely by
the County. li
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releasing him and any other assets, monies, or property owned or held
by him from the County's Final Judgment issued against him in this case
on July 101, 2020, in the interest-bearing amount of$2,472,800.00, and
from any award of attorney's fees and costs or deficiency judgment
provided for by or under that Final Judgment("Final Judgment"). Such
Release shall specifically state that Munt is forever released from said
Final Judgment and from the County's code compliance lien recorded in
the Official Records of Monroe County on or about November 3rd,2009,
at Book 2438, Page 1511,Document Number 1765325 and on or about
October 20s', 2011, at Book 2538,Page 1685,Document Number
1855245.
E. Munt shall have the unilateral right to cancel this Agreement if the
County fails to approve or ratify same prior to the expiration of the time
period for the taking an appeal of such Final Judgment.
Section 3- Continuing Jurisdiction. The Court shall retain jurisdiction of
this case for the sole purpose of enforcing the teens of this Settlement Agreement.
,Section 4- Good Faiths These settlement negotiations have been
undertaken by the parties in good faith.
Section 5-Choice of Law: Governing Law: Jurisdiction: Venue. This
Agreement is not subject to arbitration and shall be governed by, and construed
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and enforced in accordance with,the laws of the State of Florida, and venue for all
claims, controversies, or disputes relating to this Agreement shall remain in the
Circuit Court of the 16'"Judicial Circuit in and for Monroe County, Florida.
Section 6-Binding Effect. It is agreed and understood that this Settlement
Agreement shall be and is forever binding upon the parties, including their
successors-in-interest.
Section 7- Construction of Agreement: Divisions and Headings.
Captions and paragraph headings, where used herein, are inserted for convenience
only and are not intended to descriptively limit the scope and intent of the
particular paragraph or text to which they refer.
Section 8-Inconsistency.Partial Invalidity.Severability,and Survival
of Provisions,If any condition, provision,reservation, restriction,right, or term of
this Agreement or any portion(s)thereof, is/are held to be invalid or unenforceable
by any administrative hearing officer or by a court of competent jurisdiction,the
invalidity or unenforceability of such condition,provision,reservation, restriction,
right, or term, or any portion(s)thereof, shall neither limit nor impair the operation,
enforceability, or validity of any other condition, provision, reservation, restriction,
right,term, or any remaining portion(s) thereof. All such other conditions,
provisions, reservations, restrictions,rights,terms, and remaining portion(s)
thereof shall continue unimpaired in full force and effect.
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Section 9- Integration,This Settlement Agreement constitutes the entire
Agreement and any representation or understanding of any kind preceding the date
of the parties' written final approval of this Agreement not specifically and
expressly memorialized herein is not binding on either of the parties except to the
extent that it has been specifically and expressly memorialized in this Agreement.
Section 10- Non-Reliance by Third-Parties.No non-signatory person(s)
or entity(ies) shall be entitled to rely upon any conditions,provisions, or terms of
this Agreement to enforce or to attempt to enforce any third-party claim(s)or
entitlement(s)to or benefit(s) from any conditions,provisions, or terms hereunder.
Section 11 - Execution in Counterparts.The parties acknowledge and
agree that this,Settlement Agreement may be executed in one or more counterparts,
each counterpart shall be considered an original portion of this Agreement, and all
of which shall constitute a single instrument.
Section 12 -Effective Date. Once fully and finally executed by Munt and
the County,this Agreement shall be considered legally effective and forever
binding on the parties.
W ESS TO ALL: APPROVE Y:
}l resg ,o. 1G int Name).c�l�r Harold reith M (Si tune)
�
Witness No. 1 (Signature)
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SUSan /Vety(a ✓
Witness No.. 22/((PPrint Ndme)
ess . 2 )
OF QQ77Q,Q/O COUNTY OF(% 7J7W4N7�'
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The foregoing Settlement Agreement, was acknowledged and attested before me
this 3 er day of July 2020, Harold Keith Munt,who is personally known to me
or produced as proof of identification and did take
an oath.
llrn.4U.f
Notary Public (Print Name)
N ry Public(Signs re)
[The remainder of this page has been intentionally left blank.]
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ON BEHALF OF PLAINTIFF MONROE COUNTY,FLORIDA:
( I -tT `7 8/19/20
Peter H. Morris Date
Assistant Monroe County Attorney
FBN: 104101
Morris-Peter a Mom oeCounty-FL.fnv_
Monroe County Attomey's Office
1111 12th Street, Suite 408
Key West, FL 33040
Telephone: 305-292-3470
Telefax: 305-292-3516
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