Case No. U5-00-1104DANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE: May 7, 2004
TO: Richard Collins
County Attorney
ATTN. • Jan Hotalen
Executive Assistant
FROM. • Pamela G. Han
Deputy Clerk
At the March 17, 2004, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
/Settlement Agreement in Monroe County v. Gary Yaworski and Anita Fox, Case No.
U5 -00 -1104.
Resolution No. 161 -2004 setting the date, time and place for a Public Hearing concerning
the proposed abandonment of a portion of North Drive, Stillwright Point Subdivision 2, Key
Largo, Monroe County, Florida.
Resolution No. 162 -2004 setting the date, time and place for a Public Hearing concerning
the proposed abandonment of a portion of Sea Lane, Geiger Key, Monroe County, Florida.
Enclosed is the original Settlement Agreement and certified copies of the subject
Resolutions for your handling. Should you have any questions please do not hesitate to contact
this office.
cc: County Administrator w/o document
Finance- Settlement Agreement only
File
BEFORE THE CODE ENFORCEMENT SPECIAL MASTER
OF MONROE COUNTY, FLORIDA
The Honorable J. Jefferson Overby, Presiding
MONROE COUNTY, FLORIDA
Petitioner,
VS. CASE NO.: U5 00 1104
GARY YAWORSKI and ANITA FOX,
Respondent(s)
SETTLEMENT AGREEMENT
The Petitioner Board of County Commissioners of Monroe County and GARY
YAWORSKI and ANITA FOX, 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. In order to resolve their differences amicably, avoid the expense of
litigation, and buy peace in this matter, the parties agree to settle the code
enforcement lien recorded at Book 1660, Page 2437 and re- recorded at
Book 1661, Page 1823 of the Official Records of Monroe County for
$1,000.00.
2. The property in question has a legal description of Lots 8 & 9, Block 1,
BAHIA MAR ESTATES Subdivision, KEY LARGO, Monroe County,
FL (RE: 00543190- 000000 and 00543200- 000000).
3. Upon approval of this agreement by the Board of County Commissioners,
the Respondent(s) shall remit ONE PAYMENT in the amount of
$1000.00, made payable to the Board of County Commissioners.
4. Said payment shall be received in the County Attorney's office by the
close of business on April 30, 2004 or this agreement is void ab initio.
5. 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.
6. The County will file a copy of the release and satisfaction in official the
Code Enforcement file.
7. 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.
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.
ATTEST:
DANNY L. KOLHAGE
CLERK:
Deputy Jerk
BOARD OF COUNTY COMISSIONERS
OF MONROE COUNTY
By: :�-
David P. Rice, Mayor Pro Tem
Dated April 21, 2004
GARY YAWORSKI, ReSDO
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MDD037693 F X
ANITA FOX, Respondent
B Y:
(date)
This document was prepared and
Robert B. Shillinger, Esq.
Assistant County Attorney
Florida Bar No.: 058262
P.O. Box 1026
Key West, FL 33041 -1026
(305) 292 -3470
for legal sufficiency by: