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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 GUSTlNGER, JR.,
Defendant.
/
The Board of County Commissioners of Monroe County, Florida (hereinafter referred to
as "the County") and Kurt Gustinger, duly appointed Pergo~ Representative of the Estate of
Alfred Gustinger, Jr.) (hereinafter refereed 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 COWlty'S related claim against the estate of the above-named
Defendant Alfred Gustinger, Jr.. which is pending in the 11th 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").
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.
The County has agree.d to accept $20,000.00 from the estate to settle the lien that
is the subject of the above~captioned foreclosure proceeding,
The estate shall tender a check ill the am.ount 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
to
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SE1TLEMENT AGI<EE:MENT
2.
3.
4.
5.
the close of bus mess on June 30,2003 Or this agreement is void ab initio.
Upon receipt of said check, the County shall file:
a,) a notice of voluntary dismissal with prejudice in the above-captioned
maner~
...JU''l-J ~-.IiU..,) "'-.J~-.a:w .....-\..\.JI'''~&..\.J....L.....U,k,;;" 'L,,\.JU.'II....... t'-...\.,... ....:.:::,a .1.~"";'.J .1.lJ.~II(.).;;.JL-.JL-'.~...U
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 Matacumbe 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 number
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 :-:lction against the County that was
7.
brought or capable of being brought as a result of the above-captioned matter
and/or the underlying code enforcement case.
Except as otherwise described herein, each party agrees to bear its own costs
including attorney's fees.
The parties stipulate that the Court shall retain jurisdiction for the purpose of
enforcing the terms of this settlement agreement.
8.
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BOARD OF COUNTY COMMISSIONERS
of MONROE COUNTY
ATTEST:
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Dooe pe , Mayor
BoaI'd of C unty Commissioners
Monroe C unty
MlCHEU.e LEe PARKEt4'
MY COMMISSION II DO 039671
EXPIRES: JIiy 28,2005
Ilonded Thru a. NOlary Services
FILE #1 381 811
BK#1906 PG#1957
ntative
Gustinger, Jr.
MONROE COUNTY
OFFICIPtL RECORDS
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BY~
.An~NEY'S OfFICE
DATE -~ qe (< Jfl ~ .
(Notary Public)
cc: William D. Wardt Esq.
Robert B. Shillinger, Je" Esq.