Item P4 ADD—ON
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 17,,2013 Division: County Attorgey
Bulk Item: Yes No XX Staff Contact Person: Natileene Cassel 292-3470
AGENDA ITEM WORDING: Approval of Settlement Agreement in the matter of Monroe County v Jose®
Gonzalez, individually and Gonzalez Architects,Case Number 07-CA-458-K.
ITEM BACKGROUND: This final Settlement Agreement resolves all issues between Monroe County and Jose®
Gonzalez,individually and Gonzalez Architects.The Agreement calls for Gonzalez to pay Monroe County the
sum of Seven Hundred Thousand Dollars($700,000.00)to be paid within twenty days oft execution of the
Agreement. Upon approval of the Settlement Agreement by the Board of County Commissioners,execution by
all parties and payment oft settlement amount the Mutual Releases will be exchanged and the lawsuit
dismissed with Prejudice. In order to accomplish the settlement two of Gonzalez's subcontractors have
contributed tot settlement amount.This Settlement Agreement represents the final settlement oft a case
between all parties.
PREVIOUS RELEVANT BOCC ACTION: The initial lawsuit was brought by The Tower Group(TTG)against
Monroe County.Subsequently,the County brought suit against Gonzalez, individually and Gonzalez Architects.
In April 2010,TTG and Monroe County entered into a settlement and Voluntary Dismissal oft a portion oft e
case. The settlement between TTG and Monroe County left the remainder oft a case between Monroe
County and Gonzalez Architects viable. on approval of this agreement the entire case will be closed.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS:Approval of Settlement Agreement
TOTAL COST: -0- —INDIRECT COST: BUDGETED: Yes — No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING:Yes No— AMOUNT PER MONTH— Year
APPROVED BY: County Atty OMB/Purchasing is Management
DOCUMENTATION: included X Not Required
DISPOSITION: AGENDA ITEM# P-4
ADD—ON
s
SETTLEWE 'T AG RE E MENT
This Settlement Agreement is made and entered into this day of ,
2013, by and between the following parties and entities, sometimes referred to hereinafter
collectively as the "Parties":
Plaintiff MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS, a political subdivision of the State of Florida,
(referred to hereinafter as "MONROE COUNTY"); and
Defendants GONZALEZ ARCHITECTS, a foreign corporation, (referred
to hereinafter as "ARCHITECTS"), and JOSE GONZALEZ, an
individual, (referred to hereinafter as "GONZALEZ"); and
FRANYIE ENGINEERS, INC., a Florida corporation, (referred to
hereinafter as FRANYIE), VIVIANA FRANYIE, P.E., an individual,
ANTONIO FRANYIE, P.E., an individual, (collectively referred to
hereinafter as "FRANYIE PARTIES") and PEREZ ENGINEERING
AND DEVELOPMENT, INC., a Florida corporation (referred to
hereinafter as "PEREZ").
RECITALS
WHEREAS, on or about March 24, 1993, MONROE COUNTY entered into a Contract
with ARCHITECTS for the design and provision of design documents, plans, specifications, as
well as other design and project management services, for The Freeman Justice Center, a new
courthouse to be constructed at Jackson Square, Key West, Florida, (hereinafter referred to as
"the Project"), and
WHEREAS, GONZALEZ, the Architect of Record for the Project, executed the Contract
with MONROE COUNTY, signed and sealed the permitted plans for the Project, and was
responsible for design administration on behalf of ARCHITECTS for the Project until October
12, 2005, and
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WHEREAS, ARCHITECTS entered into a contract with FRANYIE to provide
Mechanical, Electrical and Plumbing Engineering design services for the Project, and
WHEREAS, ARCHITECTS entered into a contract with PEREZ to provide certain Civil
Engineering design services for the Project, and
WHEREAS, on or about October 12, 2005, MONROE COUNTY terminated the
Contract with ARCHITECTS, claiming that ARCHITECTS and GONZALEZ had failed to
perform their design and administrative responsibilities, and
WHEREAS, on or about October 12, 2005, due to MONROE COUNTY's termination of
its contract with ARCHITECTS and GONZALEZ, FRANYIE deemed its contract with
ARCHITECTS terminated and discontinued its work on the Project; and
WHEREAS, MONROE COUNTY has made various claims against ARCHITECTS and
GONZALEZ, including, but not limited to, claims involving errors and omissions in the plans
and specifications furnished by ARCHITECTS and GONZALEZ, including the plans and
specifications prepared by FRANYIE and PEREZ, which errors and omissions MONROE
COUNTY contends were not corrected or resolved in a timely or effective manner which
resulted in MONROE COUNTY incurring additional costs and expenses (hereinafter referred to
as the "Claims"), and
WHEREAS, ARCHITECTS and GONZALEZ, and FRANYIE and PEREZ, to date, have
denied the Claims made by MONROE COUNTY, and
WHEREAS, on or about March 19, 2008, MONROE COUNTY brought an action
against ARCHITECTS and GONZALEZ for breach of contract and professional negligence, in a
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lawsuit styled Monroe County Board of County Commissioners, a political subdivision in the
State of Florida, vs. Gonzalez Architects, a foreign corporation and Jose Gonzalez, an
individual; Case No. 2008-CA-458K, consolidated with Case No. 2007-CA-1428k, filed in the
Circuit Court in and for Monroe County, Florida(hereinafter referred to as the "Lawsuit"), and
WHEREAS, ARCHITECTS and GONZALEZ denied MONROE COUNTY's allegations
in the Lawsuit and filed Affirmative Defenses in response; and
WHEREAS, ARCHITECTS and GONZALEZ demanded that FRANYIE and PEREZ
indemnify and defend ARCHITECTS and GONZALEZ from certain claims asserted by
MONROE COUNTY,which demand FRANYIE and PEREZ denied; and
WHEREAS, the Parties, each of whom is represented by counsel, or have had an
opportunity to be represented by counsel, recognize their respective rights and obligations, and
now desire to settle the Lawsuit as well as any and all claims which were or could have been
brought in the Lawsuit or arising from the Project.
NOW THEREFORE, for and in consideration of the payment(s) and mutual promises,
covenants, representations and conditions contained herein, and for other good and valuable
consideration,the receipt and sufficiency of which is hereby acknowledged, the following are the
terms and conditions of this Settlement Agreement:
1. Recitals and Representations. The above recitals and representations are
true and correct and incorporated herein.
2. Compromise Settlement. The Parties agree that this Settlement Agreement is
a full and final settlement of a disputed claim, and that it is neither intended nor to be interpreted
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as an admission of fault, liability, or legal responsibility on the part of the settling parties, said
fault, responsibility, and legal liability being expressly denied. It is understood and agreed that
this Settlement Agreement is made as a compromise to avoid the expense of litigation.
3. Condition ]Precedent. A condition precedent to the effectiveness of the
Settlement Agreement and the Limited Mutual Release, attached hereto as Exhibit "A",
(hereinafter referred to as the "Limited Mutual Release") is approval of the Settlement
Agreement and Limited Mutual Release by the Monroe County Board of County
Commissioners. If the Board does not approve the Settlement Agreement and the Limited
Mutual Release, the Settlement Agreement and Limited Mutual Release shall be deemed null and
void ab initio, treated as though the Settlement Agreement and Mutual Release had never been
executed, and shall not be admissible in any proceeding, including but not limited to the Lawsuit,
for any purpose.
4. Pavment to Monroe County. In consideration of MONROE COUNTY'S
release and promises described in the Settlement Agreement and the Limited Mutual Release,
ARCHITECTS and GONZALEZ agree to pay MONROE COUNTY the sum of Seven Hundred
Thousand Dollars ($700,000)(hereinafter the "Settlement Amount"). FRANYIE and PEREZ
have agreed to contribute to ARCHITECTS and GONZALEZ portions of the Settlement
Amount, as set forth in separate agreements between those parties. The Settlement Amount shall
be paid within twenty(20)days of the execution of the Settlement Agreement by the Parties.
5. Limited Mutual Release. Upon approval by the Monroe County Board of
County Commissioners of the Settlement Agreement and the Limited Mutual Release, execution
of the Settlement Agreement by the Parties, and upon payment of the Settlement Amount, the
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Parties will execute and exchange the Limited Mutual Release in the form attached hereto as
Exhibit 'A'.
6. Architects/Gonzalez' Responsibility as Architect of Record. MONROE
COUNTY acknowledges that based upon the termination of the ARCHITECTS' design contract
on October 12, 2005, ARCHITECTS/GONZALEZ were no longer the Architect of Record as of
said date; however, the parties agree that, ARCHITECTS/GONZALEZ remain responsible for
the design of and administration of the design for the Project undertaken prior to October 12,
2005, regardless of the time when the construction pursuant to ARCHITECTS/GONZALEZ's
design took place.
7. Franyie's Responsibility as MEP Engineer of Record. MONROE COUNTY
acknowledges that based upon the termination of the ARCHITECTS' design contract on
October 12, 2005, and FRANYIE's discontinuing engineering services as a result, FRANYIE,
VIVIANA FRANYIE, P.E. and ANTONIO FRANYIE, P.E. were no longer the Mechanical,
Electrical and Plumbing Engineer of Record as of said date; however, the parties agree that
FRANYIE, VIVIANA FRANYIE, P.E. and ANTONIO FRANYIE, P.E. , as applicable, remain
responsible for the design of and administration of the Mechanical, Electrical and Plumbing
design for the Project undertaken prior to October 12, 2005, regardless of the time when the
construction pursuant to FRANYIE, VIVIANA FRANYIE, P.E. and/or ANTONIO FRANYIE
P.E.'s design took place.
8. Costs and Fees. Except as provided below, the Parties agree that each
Party shall bear its own attorneys' fees, costs and expenses arising out of, or connected with, the
Lawsuit, or arising out of, or connected with, the Settlement Agreement and/or the Limited
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Mutual Release, whether such costs and fees have been incurred prior to the execution of this
Settlement Agreement and/or Limited Mutual Release or will be incurred after their execution.
9. Dismissal With Prejudice. Upon approval of the Settlement Agreement by the
Monroe County Board of County Commissioners, execution of the Settlement Agreement and
the Limited Mutual Release by the Parties, and within ten (10) days after the payment of the
Settlement Amount to MONROE COUNTY has cleared the account upon which it is drawn
and/or the settlement funds have otherwise become available to MONROE COUNTY,
MONROE COUNTY, ARCHITECTS and GONZALEZ will authorize and instruct their
respective attorneys to sign and file the Stipulation of Dismissal with Prejudice of the Lawsuit
and proposed Order in the form attached hereto as Exhibit "B".
10. Rearesentation by Counsel. The Parties acknowledge that they have been
represented by counsel, or have had an opportunity to be represented by counsel, in connection
with this Settlement Agreement and Limited Mutual Release. The Parties further acknowledge
that no promise, inducement or agreement not herein expressed has been made to them in
connection with this Settlement Agreement, and that the Settlement Agreement is intended as a
final and complete expression of their agreement and understanding with respect to the subject
matter hereof. The terms of this Settlement Agreement are contractual and are not mere recital.
This Settlement Agreement may not be changed, modified, altered or amended except by written
instrument executed by all Parties.
11. Governing Law; Venue. The Settlement Agreement and the Limited Mutual
Release shall be construed, interpreted and enforced in accordance with the laws of the State of
Florida. Venue for all disputes, controversies or claims relating to this Settlement Agreement
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that involve Monroe County shall remain in the Circuit Court of the Sixteenth Judicial Circuit, in
and for Monroe County, Florida; however any enforcement proceedings or other action arising
out of or related to this Settlement Agreement shall be brought before Miami-Dade County
Circuit Court Judge Areces assigned to the case being settled or any other judge that the Florida
Supreme Court may assign in her place. Venue for any disputes between ARCHITECTS,
GONZALEZ, FRANYIE PARTIES and PEREZ shall be in the Eleventh Judicial Circuit Court
in and for Miami-Dade County, Florida.
12. Binding Effect, This Settlement Agreement shall be binding upon and inure
exclusively to the benefit of the Parties, their predecessors, successors, assigns, parent and
affiliated corporations, subsidiaries, affiliates, officers, principals, directors, employees, agents,
insurance carriers, adjusters and legal representatives.
13. Construction of Agreement. This Settlement Agreement shall not be construed
against the Party preparing it, but shall be construed as if it were prepared jointly by all Parties,
and any uncertainty or ambiguity, or both, shall not be interpreted against any person or entity on
the grounds of the drafting or participation in drafting of such language.
14. Entire Apareement. This Settlement Agreement represents the entirety of all
agreements and understandings of the Parties with respect to the subject matter hereof and
supersedes all prior understandings and agreements, whether written or oral, except for such
separate releases as may exist between ARCHITECTS, GONZALEZ, FRANYIE PARTIES and
PEREZ. All prior discussions, negotiations, letters, demands, and writings of any kind are fully
merged into this Settlement Agreement and are of no further force or effect and this Settlement
Agreement shall serve as the sole and entire expression of the agreement and understanding of
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the Parties, except for such separate releases as may exist between ARCHITECTS,
GONZALEZ, FRANYIE PARTIES and PEREZ.
15. Default. In the event that ARCHITECTS and GONZALEZ default in their
payment obligation under this Settlement Agreement, MONROE COUNTY or its counsel shall
send written notice of such default to ARCHITECTS' and GONZALEZ' counsel, Daniels
Kashtan, 4000 Ponce de Leon Blvd., Suite 800, Coral Gables, Florida 33146, by U.S. Mail,
Facsimile and/or Email, and ARCHITECTS and GONZALEZ, shall have ten (10) business days
from the date of such notice to cure said default. Should ARCHITECTS and GONZALEZ, fail
to remit payment within the cure period,MONROE COUNTY shall immediately be permitted to
file a Motion and Affidavit with the Court to that affect and upon such Motion, Affidavit and
Notice, MONROE COUNTY shall be entitled to the entry of a Final Default Judgment against
ARCHITECTS and GONZALEZ for any unpaid portion of the Settlement Amount, plus interest
from the date of default, together with the attorneys' fees and costs incurred in such proceeding.
16. Authority of Signatory. Each of the Parties represents and expressly
warrants that the person whose signature appears below on its behalf is of legal age, under no
legal disability which would preclude them from entering into this Settlement Agreement, and
that said person executes this Settlement Agreement freely, voluntarily, and with full knowledge
of the terms and conditions and has full power and authority to execute this Settlement
Agreement on its behalf, and that such authority is derived by virtue of that person's office.
17. Execution in Counterparts. The Parties acknowledge and agree that this
Agreement may be executed and faxed or emailed in one or more counterparts, each counterpart
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shall be considered an original portion of this Settlement Agreement, and all of which shall
constitute a singular instrument.
IN WITNESS WHEREOF, the Parties have caused this Settlement Agreement to be
executed as follows:
[Signature pages follow]
9
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BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
By:
Mayor
Date:
Attest:
Amy Heavilin, CPA,
Clerk of Circuit Court
By:
Deputy Clerk
Date:
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FRANYIE ENGINEERS,INC.
By: 7
Title:
STATE OF FLORIDA )
)SS.
COUNTY OF MIAMI-DADS )
BEFORE ME,the undersigned authority,personally appeared who
executed before me the foregoing Settlement Agreement,and who acknowled be a me that
he/she executed the same.
SWORN AND SUBSCRIBED before me this&day o 2013.
f
Notafy Public,State of Adnida at Large
My Commission Expires:
;A a,
t/Type Notary' ame
Notarv/- Please check appro ate box: ��`"ram =VoIGTI• MY 6721Personally]mown to me;or ° E17m
Produced as identification:
(Type of identification)
13
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VIVIANA FRANYIE,INDIVIDUALLY
By:
VNIA A FRANIVE
Title: �
STATE OF FLORIDA )
)SS.
COUNTY OF NUAMI-DARE )
BEFORE ME,the undersigned authority, personally appeared ` • who
executed before me the foregoing Settlement Agreement,and who acknowledg fo me that
he/she executed the same.
SWORN AND SUBSCRIBED before me this it day of 2013.
_ , d4w"If—
Notao Public,State of lorida at Large
My Commission Expires:
&L't d, '4
41
Pr" t/Type Notary's ame
Np!AM. Pleasecheck WVv2W e box: MARIA C VOIGT
MY COMMISSION*FF=721
Personally known to me;or :�` ' ' EXPIRES Jute 10,2017
AOi)3ti&016� Flald Mnoom
Produced as identification:
(Type of identification)
13A
ANTONI ALLY
ONIO
Title:
STATE OF FLORIDA )
)SS.
COUNTY OF MIAMI-DADE )
BEFORE ME,the undersigned authority, personally appeared who
executed before me the foregoing Settlement Agreement;and who ac)(novoledge4 befviv me that
he/she executed the same.
SWORN AND SUBSCRIBED before me thls�6ny of 2013.
No Public,State o orida at Large
My Cbmmission Expires:
r / .
P e 74-
Natary'A 1 ame
Notarv- P ---ch ,spa propriate box:
- MARIA C VOIGT
___. Personally known tome;or MY COMMISSION�267Z1
� , ; ` 17
10,20
Produced as identification: m)3OS� Bai a
(Type of identification)
13B
PEREZ ENGINEERIN AND DEVELOPMENT, INC.
By:
Title:
STATE OF FLORIDA )
)SS.
COUNTY OF MONROE )
BEFORE ME, the undersigned authority, perso I1y appear d who
executed before me the foregoing Settlement Agreeme t, and who acknowledge¢before me that
he/she executed the same.
ff
SWORN AND SUBSCRIBED before day of8 ,
l _
I ,� Notary tate of Florida at Large
F ' `"`% SHERYUL BEFUANMy Commission Expires:
MY COMMISSION M EE D6MAR
EXPIRES:February 21.;O!5 !
BoWodmro Notary P, UrOt . :, it Sheryl A. Berman
Print/Type Notary's Name
Notary: Please check appropriate box:
Personally known tome; or
Produced as identification:
(Type of identification)
14
LIMITED MUTUAL RELEASE
KNOW ALL MEN BY THESE PRESENTS:
That pursuant to a Settlement Agreement reached by MONROE COUNTY, FLORIDA
(MONROE COUNTY) a political subdivision of the State of Florida, GONZALEZ
ARCHITECTS (ARCHITECTS), a foreign corporation, JOSE GONZALEZ (GONZALEZ), an
individual, FRANYIE ENGINEERS, INC. (FRANYIE), a Florida corporation, VIVIANA
FRANYIE, P.E., an individual, ANTONIO FRANYIE, P.E., an individual and PEREZ
ENGINEERING AND DEVELOPMENT, INC. (PEREZ), a Florida corporation, collectively
referred to as "the Parties," approved by the Monroe County Commission at its duly published
and publicly held meeting on 2013, and in consideration of payment to
MONROE COUNTY of the sum of Seven Hundred Thousand ($700,000) Dollars and other
good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties
enter into this Limited Mutual Release to resolve any and all claims and defenses by and between
the Parties that were raised or could have been raised in that certain action styled "Monroe
County Board of County Commissioners, a political subdivision in the State of Florida, vs.
Gonzalez Architects, a foreign corporation and Jose Gonzalez, an individual; Case No.: 2008-
CA-458K Consolidated with Case No.: 2007-CA-1428K, filed in the Circuit Court in and for
Monroe County, Florida and, that, in accordance with this Limited Mutual Release the Parties
hereby remise, release, acquit, satisfy and forever discharge each other (subject to the
Exclusions set forth below; and limited to the Freeman Justice Center project) of and from
all claims, actions, causes and causes of actions, suits, debts, dues, sums of money, accounts,
contracts, controversies, agreements, promises, damages and demands whatsoever, in law or in
equity, which each of the Parties ever had, now has, or hereinafter shall or may have against any
other of the Parties and their successors, parents, subsidiaries, affiliates, heirs, assigns, officers,
directors, principals, employees, agents, attorneys, insurers and adjusters of each of the parties
for, upon and by reason of any matter, cause or thing whatsoever, from the beginning of the
world to the day of these presents, arising out of all claims and defenses that were raised or could
have been raised between the Parties arising from or relating to the above-referenced case and/or
the Project.
Exclusions:
1. The Releases set forth herein exclude actions and liability arising in connection
with third-party claims for personal injury and property damage and claims for latent defects that
were not known and could not have been discovered through the exercise of reasonable diligence
as of the date of execution by the Parties of this Limited Mutual Release. The Releases set forth
herein also exclude any liability of ARCHITECTS and GONZALEZ that may arise out of
ARCHITECTS and GONZALEZ being the Architect of Record as set forth and defined in
Paragraph 6 of the Settlement Agreement between the Parties, and exclude any liability of
FRANYIE, VIVIANA FRANYIE, P.E. and ANTONIO FRANYIE, P.E. that may arise out of
FRANYIE, VIVIANA FRANYIE, P.E. and/or ANTONIO FRANYIE, P.E. being the
Mechanical, Electrical and Plumbing Engineer of Record as set forth and defined in Paragraph 7
of the Settlement Agreement between the Parties.
EXHIBIT"A"
This Limited Mutual Release may be executed in one or more counterparts, each of which shall
be an original, but all of which, together, shall be deemed to constitute a single document. An
executed facsimile copy shall be deemed an original as well.
[Signature pages follow]
2
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
By:
Mayor
Date:
Attest:
Amy Heavilin,
CPA,Clerk of Circuit Court
By:
Deputy Clerk
Date:
3
GONZALEZ ARCHITECTS
By:
JOSE GONZALEZ
Title:
STATE OF GEORGIA )
) SS.
COUNTY OF )
BEFORE ME, the undersigned authority, personally appeared , who
executed before me the foregoing Limited Mutual Release, and who acknowledged before me
that he/she executed the same.
SWORN AND SUBSCRIBED before me this day of , 2013.
Notary Public, State of Florida at Large
My Commission Expires:
Print/Type Notary's Name
Notary: Please check appropriate box:
Personally known to me; or
Produced as identification:
(Type of identification)
4
JOSE GONZALEZ, INDIVIDUALLY
By:
JOSE GONZALEZ
Title:
STATE OF GEORGIA
) SS.
COUNTY OF
BEFORE ME, the undersigned authority, personally appeared who
executed before me the foregoing Limited Mutual Release, and who acknowledged before me
that he/she executed the same.
SWORN AND SUBSCRIBED before me this day of 2013.
Notary Public, State of Florida at Large
My Commission Expires:
Print/Type Notary's Name
Notary: Please check appropriate box:
Personally known to me; or
Produced as identification:
(Type of identification)
FRANYIE ENGINEERS, INC.
By:
Title:
STATE OF FLORIDA )
) SS.
COUNTY OF MIAMI-DADE)
BEFORE ME, the undersigned authority, personally appeared ,who
executed before me the foregoing Limited Mutual Release, and who acknowledged before me
that he/she executed the same.
SWORN AND SUBSCRIBED before me this_day of , 2013.
Notary Public, State of Florida at Large
My Commission Expires:
Print/Type Notary's Name
Notary: Please check appropriate box:
Personally known to me; or
Produced as identification:
(Type of identification)
6
VIVIANA FRANYIE, INDIVIDUALLY
By:
VIVIANA FRANYIE
Title:
STATE OF FLORIDA )
) SS.
COUNTY OF MIAMI-DADE )
BEFORE ME, the undersigned authority, personally appeared , who
executed before me the foregoing Settlement Agreement, and who acknowledged before me that
he/she executed the same.
SWORN AND SUBSCRIBED before me this®day of , 2013.
Notary Public, State of Florida at Large
My Commission Expires:
Print/Type Notary's Name
Notary: Please check appropriate box:
Personally known to me; or
Produced as identification:
(Type of identification)
7
ANTONIO FRANYIE, INDIVIDUALLY
By:
ANTONIO FRANYIE
Title:
STATE OF FLORIDA )
) SS.
COUNTY OF MIAMI-DADE )
BEFORE ME, the undersigned authority, personally appeared , who
executed before me the foregoing Settlement Agreement, and who acknowledged before me that
he/she executed the same.
SWORN AND SUBSCRIBED before me this_day of , 2013.
Notary Public, State of Florida at Large
My Commission Expires:
Print/Type Notary's Name
Notary: Please check appropriate box:
Personally known to me; or
Produced as identification:
(Type of identification)
s
PEREZ ENGINEERING AND DEVELOPMENT, INC.
By:
Title:
STATE OF FLORIDA )
) SS.
COUNTY OF MONROE )
BEFORE ME, the undersigned authority,personally appeared , who
executed before me the foregoing Settlement Agreement and Mutual Release, and who
acknowledged before me that he/she executed the same.
SWORN AND SUBSCRIBED before me this_day of 12013.
Notary Public, State of Florida at Large
My Commission Expires:
Print/Type Notary's Name
Nota,y Please check apmroDriate box:
Personally known to me; or
Produced as identification:
(Type of identification)
9
A ,
IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY,FLORIDA
CONSOLIDATED
THE TOWER GROUP,INC.,a Florida CASE NO.: 2007-CA-1428-K
corporation, CASE NO.: 2008-CA-458-K
Plaintiff,
VS.
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS,a political subdivision of the
State of Florida,
Defendant. /
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS,a political subdivision of the
State of Florida,
Counter-Plaintiff,
VS.
THE TOWER GROUP,INC.,a Florida corporation
and TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, a foreign corporation,
Counter-Defendants. /
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS,a political subdivision of the
State of Florida,
Plaintiff,
vs.
GONZALEZ ARCHITECTS,a foreign corporation
and JOSE GONZALEZ,an individual,
Defendants. /
JOINT STIPULATION OF DISMISSAL WITH PREJUDICE
Plaintiff, MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a Political
Subdivision of the State of Florida, and Defendants, GONZALEZ ARCHITECTS, a foreign
corporation, and JOSE GONZALEZ, an individual, (hereinafter the "Parties") hereby agree and
stipulate as follow:
EXHIBIT KB"
1. In accordance with, and subject to, the terms and conditions of the Parties'
Settlement Agreement dated , the Parties hereby agree to the entry of an Order
Dismissing with Prejudice all claims in the above-styled action, as well as all defenses associated
therewith, with each party to bear its own attorneys' fees and costs.
2. The Parties agree to the entry of a Final Order of Dismissal in the form attached
hereto.
3. The Parties further agree that this Stipulation may be executed in counterparts.
4. The Court shall retain jurisdiction for the purpose of enforcing the Parties'
Settlement Agreement.
STIPULATED AND AGREED TO BY:
NATILEENE W. CASSEL,ESQUIRE,
Assistant County Attorney
Counsel for Plaintiff, Monroe County
Board of County Commissioners
I I 1112th Street, Suite 408
Key West, Florida 33034
Telephone: (305)292-3470
By: Dated:
Natileene W. Cassel, Esquire
Florida Bar Number: 365785
FERENCIK LIBANOFF BRANDT
BUSTAMANTE & GOLDSTEIN, P.A.
Counsel for Plaintiff, Monroe County
Board of County Commissioners
150 South Pine Island Road, Suite 400
Fort Lauderdale, Florida 33324
Telephone: (954)474-8080
By: Dated:
Ira Libanoff, Esquire
Florida Bar Number: 378429
Janet E. Ritenbaugh, Esquire
Florida Bar Number: 518840
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DANIELS KASHTAN
Counsel for Defendants, Gonzalez Architects
and Jose Gonzalez
4000 Ponce de Leon Boulevard, Suite 800
Coral Gables, Florida 33136
Telephone: (305)448-7988
By: Dated:
Joseph W. Downs,III, Esquire
Florida Bar Number: 190243
Neil P. Robertson,Esquire
Florida Bar Number: 287180
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IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY,FLORIDA
CONSOLIDATED
THE TOWER GROUP,INC., a Florida CASE NO.: 2007-CA-1428-K
corporation, CASE NO.: 2008-CA-458-K
Plaintiff,
vs.
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS,a political subdivision of the
State of Florida,
Defendant. /
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS,a political subdivision of the
State of Florida,
Counter-Plaintiff,
vs.
THE TOWER GROUP,INC., a Florida corporation
and TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA,a foreign corporation,
Counter-Defendants. /
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS,a political subdivision of the
State of Florida,
Plaintiff,
vs.
GONZALEZ ARCHITECTS,a foreign corporation
and JOSE GONZALEZ,an individual,
Defendants. /
ORDER OF DISMISSAL WITH PREJUDICE
Upon consideration of the Joint Stipulation of Dismissal with Prejudice filed by Plaintiff,
Monroe County Board of County Commissioners and Defendants, Gonzalez Architects and Jose
Gonzalez, it is hereby:
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ORDERED and ADJUDGED that the claims, cross-claims, and third-party claims of all
the parties and the defenses of all the parties in the above action are dismissed with prejudice,
with each party to bear its own costs and attorneys' fees.
DONE AND ORDERED in Chambers,Miami-Dade County, Florida this day of
, 2013.
THE HONORABLE BARBARA ARECES
CIRCUIT COURT JUDGE
Copies to:
cc: [FAX:Ira Libanoff, Esquire@ 1-954-474-7343]
[FAX:Janet E. Ritenbaugh, Esquire@ 1-954-474-7343]
[FAX:Natileene W. Cassel, Esquire@305-292-3516]
[FAX:Joseph W. Downs, III, Esquire@305-448-7978]
[FAX:Neil P. Robertson, Esquire@305-448-7978]
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