11/19/2024 Agreement IN THE CIRCUIT COURT OF THE 16'h JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY., FLORIDA
MONROE COUNTY, FLORIDA, Case No. 23-CA-485-K
a political subdivision of- State of Florida,
L.T. CE20010065)
Plaintiff,
vs.
KENNETH W. RECH, and,,
PATRICIA A. RECH,
Defendants.
SETTLEMENT AGREEMENT
Plaintiff, Monroe County, Florida, (the County) a political subdivision of the State of
Florida,and Defendants,Kenneth W. Rech and Patricia A.Rech,hereby agree to settle the existing
code enforcement lien imposed by the Special Magistrate regarding real property located at 1037
Picard Lane, Cu4joe Key, Florida 33042, as follows:
1. The County brought a code enforcement case, CE20010065, against the Defendants.
The County brought the instant action to enforce the lien stemming from CE20010065,
seeking Injunctive Relief and/or Money Judgment.
2. Defendants currently own the property.
3. The total fine is$116,400.00, with statutory costs of$1,956.99, for a total owed by
Defendants of$118,356.99.
4. The parties agree to a settlement amount of$5,000.00 total, encompassing a reduced
fine,costs,and legal fees.
5. Defendant agrees to pay $5,000.00, in full, within 15 days of this Settlement
Agreement. Payment shall be made to: Monroe County Code Compliance, Attn:
Nicole Petrick, 2798 Overseas Highway, Marathon, FL 33050,
6. Once the hill payment is received, the County agrees, within 30 days,to:
a. Issue a release and satisfaction of the lien recorded for code case CE20010065,
recorded in the Official Records of Monroe County, Book. 3088, Page 2255.
b. Issue a release of the Lis en ens,recorded in the Official Records of Monroe
County, Book 3231, Page 1009.
c. Enter a Voluntary Dismissal in the instant case.
7. The Court shall retain jurisdiction to enforce compliance with the terms set forth in this
Settlement Agreement.
Section 1-Recitals.The foregoing recitals are true and correct and are hereby incorporated
as if fully 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.
b. Neither party knows of any fact or circumstance, which would cause this
Agreement to be void or unenforceable.
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Section 3-Good Faith.These settlement negotiations have been undertaken by the parties
in good faith.
Section 4 - Choice of are; Governing Law; Jurisdiction; Venue. This Agreement is
not subject to arbitration and shall be governed by,and construed 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 be in the Circuit Court of the 160' Judicial Circuit in and for Monroe County,
Florida.
Section 5 - 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 6 - 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 7-Inconsistency,Partial Invalidity,Severabifity, and Survival of Provisions.
If any condition, provision, reservation, restriction, right, or to 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.
Section 8-Integration. ®s Settlement Agreement constitutes the entire Agreement and
any representation or understanding of any kind preceding the date of the parties' written final
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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 9 - Non-Reliance by Third-Parties. No non-signatory person(s) or entities)
shall be entitled to rely upon any conditions,provisions, or terms of ®s Agreement to enforce or
to attempt to enforce any third-party clairn(s)or entitlement(s)to or benefit(s)from any conditions,
provisions, or terms hereunder.
Section 10 - 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 is shall constitute a single
instrument.
Section 11 - Scrivener' rrors. The Monroe County Board of County Commissioners
authorizes the Monroe County Attorney and counsel representing the Monroe County Attorney's
Office in ®s matter to correct any scrivener's errors within this Agreement, prior to written
execution of this Agreement on the County's behalf as authorized and approved by the Board of
County Commissioners following a duly noticed public meeting of the Monroe County Board of
County Commissioners at which this Settlement Agreement is considered.
Section 12-Effective Date.Once fully and finally executed by the Parties,this Agreement
shall be considered legally effective and forever binding on the parties.
SIGNATURE PAGES FOLL.OW
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............ ............... .................................
l
Si at re
Ketuileth "W. Relch
SIAA E OF:
COUNTY OF: All:Im.l.
SumtarizaibedI swom Ito, ("lrn-ned) blefore ine, by means of liphysivfl presenor 0 onl,iir. loln 11 10 (&:Ae)
.................................................................
�, (namle of—affiant) fie/She is persoradly'krkown to in�e or has
produced (type of ildenfification)
.............
as ildlentifileation,
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.................... ..............
Signalftire Date
Patricia A. Rech
STATE C.)F: 4111
..............................................................................................
COLN"ry I....................N
.........................
Subsui!-fl,.-wd and sworn to for of nield 'before, me, b rnealls of �sical presence or 0 �.-MU
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notarizatiun,ori (ldate)
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MonroeounAttorney
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