03/15/2006 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
March 17, 2006
TO:
Suzanne Hutton
Interim County Attorney
ATTN:
FROM:
Kathy Peters
Executive Assistant
Pamela G. Hanc~
Deputy Clerk 'CY
At the March 15, 2006, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
V"Settlement Agreement in Monroe County v. Roger M Bernstein, Miriam Bernstein, and
Jordan Bernstein, collectively and individually as Trustees of Safe Harbor Marine Railway
Corporation, a dissolved Florida Corporation, Case No. CA K 05-032. Enclosed is a duplicate
original for your handling.
Settlement Agreement in Monroe County v. Jeffrey Meyer and Douglas Meyer and
Thomas Meyer, Case No. M7-96-218. Enclosed are two duplicate originals for your handling.
Standard Legal Services Agreement (Litigation) No. CAY LIT 2005 06 02 between
Monroe County and Ira L. Libanoff, Esq. to defend the County in Tropex Construction Services,
Inc. v. Monroe County, Case No. 2006-CA-44-P. Enclosed is a copy for your handling.
Should you have any questions please do not hesitate to contact this office.
cc: Finance
File ./
IN THE CIRCUIT COURT OF THE 16TH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
CIVIL DIVISION
Board of County Commissioners
of Monroe County, Florida, a Political
Subdivision of the State of Florida,
Plaintiff,
Case No: CAK-05-732
Roger M. Bernstein, Miriam Bernstein
and Jordan Bernstein, collectively and
individually as Trustees of Safe Harbor
Marine Railway Corporation, a dissolved
Florida Corporation,
Defendants.
I
SETTLEMENT AGREEMENT
The Plaintiff Monroe County BOCC (hereinafter "the County"), the
Defendants Roger M. Bernstein, Miriam Bernstein and Jordan Bernstein
collectively and individually as Trustees of Safe Harbor Marine Railway
Corporation, a dissolved Florida Corporation (hereinafter "the Defendants")
hereby enter into this settlement agreement:
1. This matter was brought by the County to enforce the fine imposed
by the Code Enforcement Special Master in L3-01-616 for
constructing hangar like buildings and accessory structures without
benefit of a permit.
2. In order to settle the County's claims arising from the code
enforcement lien imposed in case number L3-01-616 against the
Defendants and buy peace in the matter, the County agrees to
accept and Defendants agree to pay a sum of $2,500.00.
3. Said payment shall be made by check made payable to the BOCC
of Monroe County and shall be received by the County's Attorney's
office no later than March 15, 2006.
4. This agreement is conditioned upon approval by the Board of
County Commissioners at a public meeting as required by Florida
Law.
5. Said sum shall represent the total sum owed by the Defendants to
the County as a result of the claims that were raised or could have
been raised by the County in this matter, including the fine, costs,
and attorney's fees.
6. By entering into this agreement, the County and Defendants agree
to release each other and absolve each other from liability from any
claims that either could have raised as a result of the above-styled
matter.
7. Except as otherwise provided in this agreement, the County and
the Defendants each agree to bear their own respective attorney's
fees and costs.
8. Once this agreement has been executed by all of the parties and all
of the conditions set forth above have been satisfied, the County
shall file a notice of voluntary dismissal with prejudice in the above-
styled matter and provide the Defendants with a release and
satisfaction of the underlying code enforcement lien.
9. This agreement represents the total agreement between the parties
and was entered into freely and voluntarily after consultation with
counsel.
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Board of County
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