44-2003-CA-627-P
IN THE CIRCUIT COURT OF THE 16TH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
CIVIL DIVISION - JUDGE GARCIA
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
Plaintiff,
vs.
CASE NO.: 44-2003-CA-627-P
DAVID H. COLE, ESTATE &
DAVID COLE, Jr.
Defendants.
/
SETTLEMENT AGREEMENT
Plaintiff Board of County Commissioners of Monroe County (hereinafter "the
County") and Defendants David H. Cole Estate and David Cole, Jr. hereby agree to settle
the above-styled action to foreclose the code enforcement lien recorded at Book 1836,
Page 1740 under the following terms:
1. In order to resolve their differences amicably, avoid the expense of further
litigation, and buy peace in this matter, the Defendants agree to pay to the
Plaintiff a sum of seven thousand dollars ($7,000.00).
2. Upon approval of this agreement by the Board of County Commissioners,
the Defendants shall remit ONE PAYMENT in the amount of $7000.00,
made payable to the Board of County Commissioners.
3. Once this agreement has been executed by both parties and a check in the
amount of seven thousand dollars has been received by the County's
attorney Vernis & Bowling of the Florida Keys, the County will:
a. issue to the Defendants a release and satisfaction of said lien
for filing by the Defendants in the Official Records of Monroe
County;
b. file a copy of the release and satisfaction in official the Code
Enforcement file;
c. file the original of this agreement with the Court for approval;
and
d. upon approval by the Court, file a notice of voluntary dismissal
with prejudice in the above-captioned matter.
4. By entering into this agreement, each party agrees to waive any and all
claims that it could have raised and/or potential claims that it might have
been able to raise as a result ofthe above-captioned litigation and/or the
underlying code enforcement case.
5. The parties warrant that they have had an opportunity to consult with
counsel before entering into this agreement.
6. Each party agrees to bear its own costs and attorney's fees other than as
specified in this agreement.
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BOARD OF COUNTY COMISSIONERS
OF MONROE COUNTY
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By: '2 ~~-
Murray Ne , Mayor
Dated June 16, 2004
David Cole, Jr. on behalf of himself and
the Estate of David H. Cole, Defendant.
-IJ ~ tl II/Z,,.jfct{ . By: gJ d J/
NotarytPublic
rJ1y Co!l1 IHI.5..5/tJ'v ,E-'t< fIr e.$
De:c l.o J- D () If-
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h -~l-oll
(date)
T:/LS dOl;; Pij;1::::; legal sufficieney by:
1'""0 Robert B. Shiijitger, Esq.
Assistant County Attorney
Florida Bar No.: 058262
P.O. Box 1026
Key West, FL 33041-1026
(305) 292-3470