2003-CA-1503-K
IN THE CIRCUIT COURT OF THE 16TH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
LOWER KEYS CIVIL DIVISION - JUDGE JONES
MONROE COUNTY, FLORIDA
Plaintiff,
vs.
CASE NO.: 2003-CA-1503-K
JOE W. POSADA, III,
Defendant.
I
SETTLEMENT AGREEMENT
The Plaintiff Board of County Commissioners of Monroe County (hereinafter
("the County") and the Defendant Joe W. Posada, III ("Posada") hereby agree to settle
the above-styled matter as follows:
WHEREAS the County brought this action to enforce an unpaid code
enforcement lien filed against Posada and his property located at Lot 27, Perez
Subdivision, SugarloafKey, Monroe County, FL (RE: 00171940-000000) ("the
property") as a result of multiple violations found in Code Enforcement case number L8-
00-570; and
WHEREAS said lien was imposed to secure a daily fine of $1 00.00 per day which
commenced running on October 19, 2000 and continued until the property was either
brought into compliance or foreclosed upon by the County; and
WHEREAS the County's lien against the property, as of May 1,2006, had
reached $202,200 plus costs and attorneys fees; and
WHEREAS the County's incurred costs in the amount of$255.24 and attorney's
fees in the amount of $6,833 .00 in its efforts to collect this fine; and
WHEREAS the parties desire to resolve their differences amicably and buy peace
in this matter; now therefore, the parties agree to:
I. Within 30 days of the date this agreement is approved by the Court, the
Defendant agrees to execute a deed in lieu of foreclosure of the property
that is the subject of this litigation transferring his entire ownership
interest to the County
2. The Defendant agrees to the Court entering judgment against him in the
amount of$7,088.24 plus interest at the legal rate of9% to secure
payment of the County's costs and attorney's fees in this matter. Said
judgment shall be entered by the Court at the time it approves this
settlement agreement. Post judgment interest shall accrue from the date
that the judgment is entered.
3. Upon receipt of the deed in lieu of foreclosure, the County shall file a
notice of voluntary dismissal with prejudice of the above-styled matter.
4. Defendant acknowledges that, to become effective, this agreement must be
approved by the Board of County Commissioners at a duly advertised,
public meeting.
5. 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 ofthe above-captioned code enforcement
case.
6. Both parties warrant that they have had an opportunity to consult with
counsel before entering into this agreement.
Each party agrees to bear its own costs and attorney's fees other than as
specified in this agreement.
By:
BOARD OF COU
OF MONROE
Dated May 16, 2006 I /)
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Notary Public I
By:
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I
(date)
. OFFICIAL SEAL
"MANDA R. SPREEN
I. ",C . 'UBLIC-OREGON
L>CIIr'I\I,lb810N NO. 381802
MY COMMISSION EXPIRES JUNE 15, 2008
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