Case No. CA K 03-1458
IN THE CIRCUIT COURT OF THE 16TH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
CIVIL DIVISION
BOCC OF MONROE COUNTY,
Plaintiff,
Case No:
CA K 03-1458
-vs-
MARIO O. ALFONSO
.',
:-:> . ,
en -
c_ r-
- . fT1
...-- c:;
I "
-.J (:)
-
- .-
-0 .-, ,.~
-'....
j , 1
1''' (')
..
0 :
--.J "
Defendant.
/
-
C>.
SETTLEMENT AGREEMENT
;:!~:: .
-:-1
.--
~~
The Plaintiff Board of County Commissioners of Monroe County
(hereinafter "the County") and Mario O. AI~ Defendant, hereby agree to
settle the above-captioned matter and the underlying code enforcement lien
imposed in code enforcement case M 1-02-94 as follows:
1. The parties agree to settle the code enforcement lien as follows:
a. Defendant shall pay Plaintiff $15,000.00 to settle lien if that
amount is paid within six (6) months from the date the BOCC
approves this agreement.
b. At the time of settlement, Defendant shall execute a
promissory note for the $15,000.00 in principal, plus interest
at 10% per annum to run from the date of execution, as
additional collateral to secure the fines. If the lien and note
are satisfied within 6 months from the date the agreement is
executed, the interest accrued to that point will be forgiven.
c. At the time of settlement, Defendant and counsel for the
Plaintiff will execute a stipulation that if the Defendant's
property is not sold within 12 months from the date the
BOCC approves this agreement, the court will enter a final
judgment of foreclosure in the amount of $91 ,450.00.
2. The property in question has a legal description of Lot 16, Block 1,
Big Pine Shores, Big Pine Key, Monroe County, Florida (RE:
00316060-000000 ).
\1
3. After execution by both parties, this agreement shall be filed with
the Court for final approval. The Court shall retain jurisdiction over
this matter to enforce the terms of this agreement.
4. Upon closing on the sale of the subject premises, the Defendant(s)
or his agent or attorney shall remit a check in the amount of
$15,000.00 plus interest, if any is due pursuant to the terms set
forth in paragraph one of this agreement. Said check shall be
made payable to the Board of County Commissioners.
5. Once the aforementioned check has cleared, the County will:
a. issue to the Defendant(s) a release and satisfaction of said lien
for filing by the Defendant(s) in the Official Records of Monroe
County;
b. file a copy of the release and satisfaction in the official Code
Enforcement file; and
c. file a notice of voluntary dismissal of the above-captioned
matter.
6. By entering into this agreement, the each party agrees to waive any
and all claims that it could have raised and/or potential claims that it
might have been able to raise as a result of the underlying code
enforcement case and/or the above-captioned matter.
7. Both parties warrant that they have had an opportunity to consult
with counsel before entering into this agreement.
8. Each party agrees to bear its own costs and attorney's fees other
than as specified in this agreement.
2
ATTeST:
. ,DAN~YL. KOLHAGE
,.","~$~~.k:
.,_.."'."..~.....,f_.,... ~
;"';"."~
, "c' ,: . Depdty Clerk
BOARD OF COUNTY COMISSIONERS
OF MONROE COUNTY
B.
Murray E
Dated October 20, 2004
k~ I 1-01.0-
,.
By:
Mario Alfonso, Defendant
jJ!M 1~"/6~
(date)
fJWf<
In!
./ww(
~GJ 1 ~1b/tt
IltlO
Notary Public
At!' J\. SuMn L. AoM
Tv. ; My Com/IlIIIIO" oosS2III
..;,:) ~ AuguIt 01. 20DI
This document was prepared by and approved for legal sufficiency by:
&!!!I/Y
Assistant County Attorney
Florida Bar No.: 058262
P.O. Box 1026
Key West, FL 33041-1026
(305) 292-3470
3