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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 $7000.00, made payable to the Board of County Commissioners. 3. Once this agreement has been executed by both parties and a check in the amount of seven thousand dollars has been received by the County's attorney Vernis & Bowling of the Florida Keys, the County will: a. issue to the Defendants a release and satisfaction of said lien for filing by the Defendants in the Official Records of Monroe County; b. file a copy of the release and satisfaction in official the Code Enforcement file; c. file the original of this agreement with the Court for approval; and d. upon approval by the Court, file a notice of voluntary dismissal with prejudice in the above-captioned matter. 4. By entering into this agreement, each party agrees to waive any and all claims that it could have raised and/or potential claims that it might have been able to raise as a result ofthe above-captioned litigation and/or the underlying code enforcement case. 5. The parties warrant that they have had an opportunity to consult with counsel before entering into this agreement. 6. Each party agrees to bear its own costs and attorney's fees other than as specified in this agreement. - ", ).' ,~T'gst; ',/:../:-'JMN''', -- ' ~, ",..L,.".Kl,,' OLHAGE . ' ''C~~!,U(, -- . ".1,.- ,--' .; ~,. \ ">...-. . --~ "', ;~ " . BOARD OF COUNTY COMISSIONERS OF MONROE COUNTY ~ By: '2 ~~- Murray Ne , Mayor Dated June 16, 2004 David Cole, Jr. on behalf of himself and the Estate of David H. Cole, Defendant. -IJ ~ tl II/Z,,.jfct{ . By: gJ d J/ NotarytPublic rJ1y Co!l1 IHI.5..5/tJ'v ,E-'t< fIr e.$ De:c l.o J- D () If- I 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