Item T7
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
6/18/03
Division:
County Attorney
Sulk Item: Yes ~
No
Department:
County Attorney
AGENDA ITEM WORDING:
Approval of proposed settlement agreement in Monroe County v. Gustinger.
ITEM BACKGROUND:
The County instituted litigation against Alfred Gustinger to foreclose on a $74,000.00 code
enforcement lien against his property. In February of this year, Mr. Gustinger died in an airplane
crash. The estate has offered to settle the matter for $20,000.00. The property was brought into
compliance atter the Village of Islamorada assumed jurisdiction over this property.
A copy of the proposed settlement agreement is attached. This agreement will also settle the
County's claim against Mr. Gustinger's estate that is pending in the Circuit Court for Miami-Dade
County.
PREVIOUS RELEVANT BOCC ACTION:
The Soard met in a closed attorney client session to discuss the status of settlement negotiations
on May 20, 2003.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
Approval
TOTAL COST:
BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes xx No
AMOUNT PER MONTH_ Year
APPROVED BY:
County Atty _ OMS/Purchasing _Risk Management _
DIVISION DIRECTOR APPROVAL~~~
---r-1J. R. Collins
DOCUMENTATION: Included To Follow Not Required
AGENDA ITEM #
/7
,/
IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
MONROE COUNTY,
Plaintiff,
CASE NO. CAK-98-238
v.
ALFRED GUSTINGER, JR.,
Defendant.
/
SETTLEMENT AGREEMENT
The Board of County Commissioners of Monroe County, Florida (hereinafter referred to
as "the County") and Kurt Gustinger, duly appointed Personal Representative of the Estate of
Alfred Gustinger, Jr., (hereinafter referred to the "estate") hereby state as follows:
1. This agreement is entered into for the purpose of settling the above-captioned
matter as well as the County's related claim against the estate of the above-named
Defendant Alfred Gustinger, Jr., which is pending in the 11 th Circuit Court of the
State of Florida, in and for Miami-Dade County, (CASE NO. 2003-843-CP-02)
(hereinafter referred to ''the probate case").
2. Kurt Gustinger hereby warrants that he is the duly appointed Personal
Representative of the Estate of Alfred Gustinger, Jr., who died on as of February
17,2003.
3. The County has agreed to accept $20,000.00 from the estate to settle the lien that
is the subject of the above-captioned foreclosure proceeding.
4. The estate shall tender a check in the amount of $20,000.00 made payable to the
Board of County Commissioner of Monroe County. Said check shall be received
by the County Attorney's Office, P.O. Box 1026 Key West, FL 33041-1026 by
the close of business on June 30, 2003 or this agreement is void ab initio.
5. Upon receipt of said check, the County shall file:
a.) a notice of voluntary dismissal with prejudice in the above-captioned
matter;
b.) a notice of satisfaction of the related claim and a release of same in the
probate case;
c.) a release of lien against the following described property, to wit: Part
of Lot 2 Acreage, Tower Matacwnbe Key, Monroe County, Florida,
RE # 00097670-000000 in the official records of Monroe County; and
d.) an order of compliance in Monroe Code Enforcement case nwnber
M8-87-119.
6. The personal representative of the Estate of Defendant, Alfred Gustinger, Jr., on
behalf of himself and the estate, and all his heirs and assigns do agree to mutually
dismiss, release, and/or waive any claim or action against the County that was
brought or capable of being brought as a result of the above-captioned matter
and/or the underlying code enforcement case.
7. Except as otherwise described herein, each party agrees to bear its own costs
including attorney's fees.
8. The parties stipulate that the Court shall retain jurisdiction for the purpose of
enforcing the terms of this settlement agreement.
ArrEST:
DANNY L. KOLHAGE
CLERK:
BOARD OF COUNTY COMMISSIONERS
of MONROE COUNTY
By:
DeputyClerk
By:
Dixie Spehar, Mayor
Board of County Commissioners
Monroe County
ArrEST:
(Notary Public)
By
Kurt Gustinger, Personal Representative
of the Estate of Alfred Gustinger, Jr.
cc: William D. Ward, Esq.
Robert B. Shillinger, Jr., Esq.
BY
DATE
J~
'tTTO~NEY'S OFFICE
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