Item N04Meeting Date: March 19 2008 - MAR
Bulk Item: Yes XX , No
Department: County Atto_rney__
Staff Contact Person: Pedro J. Mercado
AGENDA ITEM WORDING:
Approval of proposed Settlement Agreement Between Alexander D. Schroeder and Monroe County.
ITEM BACKGROUND:
On 5/21/1993, Michael W. Anderson and Monroe County entered into a Chattel Mortgage
Note/Security Lien Agreement. Per this Agreement, Monroe County provided financial assistance in the
amount of $5,520.00 on 11/l/1992 to Michael Anderson in exchange for a security interest in a vessel
owned by Michael Anderson. Monroe County then recorded its lien on the vessel. The vessel was
subsequently foreclosed on and sold at a foreclosure sale to Alexander D. Schroeder; however, the lien
remains on record at the National Vessel Documentation Center, U. S. Coast Guard. Mr. Schroeder is
unable to acquire title to the vessel until the lien has been satisfiedfreleased. Mr. Schroeder has agreed
to pay Monroe County the settlement amount of $552.00 in return for a Release and Satisfaction of
Lien from Monroe County clearing the title of the vessel for transfer to Alexander D. Schroeder.
STAFF COMMENDATIONS:
Approval.
TOTAL COST: N/A BUDGETED: Yes No
VENUE PRODUCING: Yes X * No AMOUNT PER MONTH Year
*One time $552.00
APPROVED BY: County Atty X OMB/Purchasing Risk Management
DOCU NTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 2/05
SETTLEMENT AGREEMENT BETWEEN ALEXANDER D. SCHROEDER AND
MONROE COUNTY
Alexander D. Schroeder, successor in interest, and MONROE COUNTY, a political
subdivision of the State of Florida ("Monroe County"), enter into this Agreement dated February
1, 2008, to settle the matter between them.
WHEREAS, Michael W. Anderson, predecessor in interest, and Monroe County did enter
into a Chattel Mortgage Note/Security Lien agreement; and
WHEREAS, pursuant to the agreement, Monroe County provided financial assistance to
Michael Anderson in exchange for a security interest in a vessel owned by Michael Anderson
description of which is more fully set out below: and
WHEREAS, the County perfected and recorded its lien in the vessel; and
WHEREAS, the vessel has been foreclosed on by an inferior lien holder and subsequently
sold at a foreclosure sale to Alexander D. Schroeder, the successor in interest; and
WHEREAS, the successor in interest and Monroe County desire to settle this matter
amicably; now therefore,
IN CONSIDERATION of the promises and conditions contained herein, the PARTIES agree as
follows:
1. The vessel in question is identified as follows:
One vessel, named Puppet
U.S. Coast Guard Official Number 671918
Hull Identification no. CPDH 0320M84B
Florida DNR Registration no. D 0671918
Decal no. A444946-93
2. The Chattle Mortgage Note/Security Lien is recorded at the National Vessel
Documentation Center, Fifth Coast Guard District, U.S. Coast Guard,
Philadelphia, Pa at Book 936, Page 104.
3. The parties agree to settle the Chattle Mortgage Note/Security Lien for $552.00.
4. Upon receipt of check in the amount of $552.00 made payable to the Monroe
County Board of County Commissioners from Alexander D. Schroeder, the
Monroe County Attorneys Office will present the agreement to the Board of
County Commissioners for approval.
5. Once the aforementioned check has cleared, the County will issue a release and
satisfaction of said lien to Alexander D. Schroeder for filing, at his cost, with the
U.S. Coast Guard National Vessel Documentation Center.
6. Monroe County will file a copy of the release and satisfaction in the official
records of Monroe County.
7. By entering into this agreement, each party agrees to waive any and all claims
whatsoever that it could have raised and/or potential claims whatsoever that it
might have been able to raise as a result of or related in any manner whatsoever
to the Chattle Mortgage Note/Security Lien filed in this matter.
8. Both parties warrant that they have had an opportunity to consult with counsel
before entering into this agreement.
9. Each party agrees to bear its own costs and attorney's fees other than as
specified in this agreement. L-
ATTEST:
DANNY L. KOLHAGE
CLERK OF THE COURT
=1
Deputy Clerk
Notary
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
M-
Mayor/Chairperson
7.,j
O�SIE cZo;,, nS
afar (date)
Print Name
E D—Ro j. 2
?.SSISTANT CO ���Gy
a
I
6
NATIONAL VESSEL DOCUMENTATI N
U.S. COAST GUARD
I HERESY CERTIFY THIS TO BE A TRUE COPY
tIDOCUL��O
RRDS 0 THIS OFFICE
MEN �rloN o�FICI=� DATE
CHATTEL MORTGAGE NOTE/SECURITY LIEN
� " 3 61,1, r �-/
MICHAEL W. ANDERSON (Mortgagor) residing upon the Puppet
and whose mailing address is PO Box 40h, .Key lest, FL 33041 1
having entered into an agreement to repay to tFie Ronr3e County
Social Services Department such rental payments as have been
provided as financial assistance to clients who have been injured
in accidents, and in order- to further secure repayment of the
rents advanced by th Monroe County Social Services Department,
MICHAEL W. ANDERSON grants to Monroe County a lien in the nature
of a preferred mortgage on the following property as a whole:
One vessel, named Puppet
US Coast Guard Official Number 671918
Hull Identification No, CPDH 0320M84B
Florida DNR Registration No. D 0671918
Decal No. A444946-93
MICHAEL W. ANDERSON, the mortgagor ,i.s the owner of 100%
legal and equitable interest in the'aforedescribed property.
This lien is in the apount $,55e')0,10 a , which debt of
mortgagor was incurred on -the day
4-9943, by the execution of, this ocument on sar ate, The !en
holder/mortgagee is Monroe County, % Louis LaTorre, Executive
Director of Social Services, 1315 Whitehead Street, Key West,'• FL
33040. Monroe County is a political subdivision of the State of
Florida, a State of the United States of America, and therefore
exempt under 46 CFR subpart 67.29-11(b) from filing a declaration
of citizenship.
Witness
the s s
STATE OF FLORIDA
COUNTY OF MONROE
FIr COAST GUARD DISTRICT - PCI ELpHfA, PA
CE UED .FOR RECO {3_ THE _DAY OF
INDIVIDUAL ACKNOWLEDGMENT �o nr -1,7 � / .—,,.. - -
DOCUMENTATION 0- FFICER
Bef-oze me, the undersigned authority, personally appeared
tI?4HAEL,W. ANDERSON, ( ) who is personally known to me or N) who
ure:sented Pass ort ID #041994215 as i ntification, an who,
after being first duly sworn, detoses aW qays that he executed
the foregoing instrument for the purpo es s rein, this
2isc day of Y4ay , 9
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