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Item R5 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY ADD ON Meeting Date: May 15, 2002 Division: County Attorney AGENDA ITEM WORDING: Approval of Stipulated Settlement of Attorney's Foo~ in the matter TJ Builders Corp. v. Monroe County. -f h e... I,. f{Jer f /0"" ITEM BACKGROUND: County legal staff and counsel for TJ Builders Corp. have reach a tentative settlement agreement regarding the Key Largo Community Park project. The agreement would set the final amount owed under the contract at $47,464.00. The County would also pay the outstanding water charges of $4,865.71. The parties would leave to the Court to decide whether the County is liable for pre-judgment interest on the principal amount. PREVIOUS RELEVANT BOCC ACTION: See above. CONTRACT I AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST: BUDGETED: Yes 0 No 0 COST TO COUNTY: APPROVED BY: County Attorney _ OMB/Purchasing D Risk Management D DIVISION DIRECTOR APPROVAL~~ ~ JA T. NDRI K DOCUMENTATION: Included 0 To Follow 0 Not Required 0 AGENDA ITEM # MAY-15-02 09,48 FROM,MONROE COUNTY ATTY OFFICE 10,3052923516 PAGE 2/3 IN THE CIRCUIT COURT OF THE 16m JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY. FLORiDA GENERAL JURISDICTION DIVISION CASE NO. CAP -00-276 T.J. BUILDERS CORP., Plaintiff ~, Y. MONROE COUNTY, Defendant. I STIPULATED SETTLEMEN'fAGREEMENT TJ. Builders Corp. 3."1d t..lle Board of COU-"1ty COn"'..lI'issioners of Monroe Cm.Lllty. Florida (hereinafter "the County"), by and through their undersigned attorneys, hereby reach the following settlement agreement in the above captioned matter. i. Tne parties hereby agree that the County is entitled to a credit of $47,464,00 fOl' wod\: and materials fOT u~e ball park lighting system at the Key Largo Community Park project. not the $! 30.460.00 that it had previously claimed, 2. The parties agree to let the Court resolve the issue of whether interest is owed on the unpaid balance of the contract. 3. Tne County agrees to pay the outstanding water charges in the wuount of $4.865.71. 4. The pa..rties agree that t.1Us Stipulated Settlement Agreement shall resolve all outstanding issues regarding the final payment of the contract for the Key Largo Park Project which is the subject of the above captioned maner. 5. The County agrees to remit fmal pa)'TllCl1t less the credit of $47.464,00 within 30 days of executing this agreement. 6. T.J. Builders Corp. agrees to enter a satisfaction of this judgment and release of liens upon receipt of a check for any interest awarded by the Court or upon receipt of a fmal order denying interest. MAY-15-02 09,48 FROM,MONROE COUNTY ATTY OFFICE 10,3052923516 PAGE 3/3 7. The Court shall retain jurisdiction to resolve aU disputes regarding enforcement and compliance with t.hjs Stipulated Settlement Agreement. Robert B. Shillinger. Jr. Assistant County Attorney PO Box 1026 Key West. FL 33041-1026 (305) 292-3470 - Phone (305) 292-3516 - Fax Florida Bar No. 058262 Attorney for the Defendant date Steven E, Eisenberg date First Union Financial Center 200 South Biscayne Blvd.; #2420 Miami, FL 33131 (305) 579-1274 - Phone (305) 982-151 1 - Fax Florida Bar No, 441112 Attorney for the Plaintiff