Item P4
BOARD OF COUNTY COMMISSIONERS
Agenda Item Summary
Add on
Meeting Date
December 15, 2004
Division
County Attorney
AGENDA ITEM WORDING
Approval of settlement agreement of code enforcement lien against Marcos A. Caso for
$2,320.00
ITEM BACKGROUND
Mr. Caso was found in violation of replacing a fence without a permit. Due to a language barrier, Mr.
Caso did not understand the paperwork that he had received. Upon being made aware that
he was in violation and that a fine was running, he quickly applied for an after the fact
permit and passed his inspection. However, the fine had accumulated to $23,200.00 by
the time he achieved compliance.
Because the lien is preventing Mr. Caso from closing on his refinancing, he has asked that
this matter be added on to the December agenda.
PREVIOUS RELEVANT BOCC ACTION
The Board approved foreclosure in April of 2004.
CONTRACT f AGREEMENT CHANGES nfa
STAFF RECOMMENDATIONS Approval
TOTAL COST
COST TO COUNTY
BUDGETED Yes No
SOURCE OF FUNDS
APPROVED BY:
County Attorney _ OMB/Purchasing! Risk Management!
DIVISION DIRECTOR APPROVAL.
DOCUMENTATION:
Included xx
AGENDA ITEM #
74
BEFORE THE CODE ENFORCEMENT SPECIAL MASTER
OF MONROE COUNTY, FLORIDA
The Honorable J. Jefferson Overby, Presiding
MONROE COUNTY, FLORIDA
Petitioner,
vs.
CASE NO.: CE03050192
MARCOS A. CASO
Respondent(s)
I
SETTLEMENT AGREEMENT
The Petitioner Board of County Commissioners of Monroe County and MARCOS A.
CASO, 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. The parties agree to settle the code enforcement lien for $2,320.00.
2. The property in question has a legal description of Lot 19, Block D, Lincoln
Gardens #2, Stock Island, Monroe County, FL (RE: 00128860-000000).
3. Upon approval of this agreement by the Board of County Commissioners, the
Respondent(s) shall remit a check in the amount of $2,320.00 made payable to the
Board of County Commissioners.
4. 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.
5. The County will file a copy of the release and satisfaction in the official Code
Enforcement file.
6. 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.
7. Both parties warrant that they have had an opportunity to consult with counsel
before entering into this agreement.
8. Each party agrees to bear its own costs and attorney's fees other than as specified
in this agreement.
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairperson
Date
Marcos A. Caso, Respondent
By:
Notary Public
Date
This document was prepared and approved for legal sufficiency by:
Ro~ ~1/~
Assistant County Attorney
Florida Bar No.: 058262
P.O. Box 1026
Key West, FL 33041-1026
(305) 292-3470