Item O03
BOARD OF COUNTY COMMISSIONERS
Agenda Item Summary
Meeting Date
8/18/04
Division
County Attorney
AGENDA nEM WORDING
Approval of settlement offer In Monroe County v. Gertrude and Patrick Waters, M8-98-201.
nEM BACKGROUND
The Waters have offered to settle their $84,300.00 code enforcement lien for $2000.00, which
represents 2.3% of the amount owed. Mrs. Waters has been suffering from Alzheimer's for
several years which may have contributed to the delay In achieving compliance. The County's
lien stopped accumulating when the City of Marathon assumed jurisdiction over the property.
The City reports that the property has been brought into compliance.
The County Attorney's office has spent 2 hours and Incurred costs of $100.for a title search on
this property. The amount of the proposed settlement more than compensates the County for
the costs It Incurred.
PREVIOUS RELEVANT BacC AcnON
The Board authorized the County Attorney's office to foreclose on 9/17/04.
CONTRACT I AGREEMENT CHANGES - n/a
STAFF RECOMMENDAnONS - Approval. Due to the circumstances stated above, staff
believes this offer Is reasonable.
TOTAL COST
COST TO COUNTY
APPROVED BY:
BUDGETED Yes No
SOURCE OF FUNDS.
County Attorney _ OM B/Purchasing
Risk Management
DIVISION DIRECTOR APPROVAL: ~ cl.. ~ ~~Q"~ /. y
OHN R. COLUNS
DOCUMENTAnON:
Induded xx
AGENDA nEM # 0 3
BEFORE THE CODE ENFORCEMENT SPECIAL MASTER
OF MONROE COUNTY, FLORIDA
The Honorable J. Jefferson Overby, Presiding
MONROE COUNTY, FLORIDA
Petitioner,
vs.
CASE NO.: M8-98-201
Patrick Waters and Gertrude Waters,
Respondent(s)
I
SETTLEMENT AGREEMENT
The Petitioner Board of County Commissioners of Monroe County and Patrick
Waters and Gertrude Waters, Respondent( s), hereby agree to settle the code enforcement
lien imposed in'the above-referenced case by the Special Master against property owned
by the Respondent(s) as follows:
1. The parties agree to settle the code enforcement lien for $2000.00.
2. The property in question has a legal description of Lots 9 & 10, Block 47,
Crains Subdivision, Grassy Key, Monroe County, FL (RE: 00372790-
000000).
3. Upon approval of this agreement by the Board of County Commissioners,
the Respondent(s) shall remit a check in the amount of $2000.00 made
payable to the Board of County Commissioners.
4. Once the aforementioned check has cleared, the County will issue to the
Respondent(s) a release and satisfaction of said lien for filing by the
Respondent(s) in the Official Records of Monroe County.
5. The County will file a copy of the release and satisfaction in the official
Code Enforcement file.
6. By entering into this agreement, the 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.
7. Both parties warrant that they have had an opportunity to consult with
counsel before entering into this agreement.
8. Each party agrees to bear its own costs and attorney's fees other than as
specified in this agreement.
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Dated
Mayor/Chairperson
Gertrude Waters, Respondent
By:
Notary Public
_ (date)
Patrick Waters, Respondent
By:
Notary Public
(date)