Resolution 341-1989
C'
-
~
Monroe County Commission
c.
L.L;
-1
L.L.
RESOLUTION NO. 341 -1989
~
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
AUTHORIZING THE COUNTY ATTORNEY TO ENTER INTO
A STIPULATION OF SETTLEMENT AND DISMISSAL.
WHEREAS, Monroe County, Florida, is named as a defendant in
the civil action captioned Tropical Sailboats, Inc., et al. v.
Monroe County, Case No. 89-66-CA-18, pending in the Circuit Court
for the Sixteenth Judicial Circuit of Florida; and
WHEREAS, the plaintiffs in this civil action have expressed
their willingness to withdraw and dismiss this action, if the
Board of County Commissioners of Monroe County, Florida, will
agree to an extension, for two (2) years, of the term of two
contracts between the plaintiffs and the County; and
WHEREAS, the Board of County Commissioners of Monroe County
has, this date, entered into an agreement to so extend the term
of these contracts; now, therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Monroe County Attorney is hereby
authorized and directed to execute, on behalf of the County, a
stipulation of settlement and dismissal of Case No. 89-66-CA-18,
a copy of which stipulation is attached to this resolution.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the '-I"A day of Jet.... ,A.D., 1989.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
~
BY~ .
MaYOr--a~
(SEAL)
A ttes t : DANNY ~ KOL.IIAG~ CI~k.
~~f~/
4fl.1.JIO\'ED AS TO- FOIt/IJI
AND LEG~1L SUFnr:IENf:9/.
BY \'^c{~fl ), t~
Attornt;~~~,. ....~
IN THE CIRCUIT COURT OF THE
16TH JUDICIAL CIRCUIT IN AND
FOR MONROE COUNTY, FLORIDA
CIVIL DIVISION
TROPICAL SAILBOATS, INC. and
CHICK-LETS ON THE BEACH, INC.,
CASE NO. 89-66-CA-18
Plaintiffs,
v.
HONROE COUNTY,
Defendant.
/
STIPULATION OF SETTLEMENT AND DISMISSAL
AND ORDER APPROVING SAME
The parties, by and through their respective undersigned
counsel, and pursuant to Rule 1.420(a), Fla.R.Civ.P., hereby
stipulate to a dismissal of this action, with prejudice, on the
following terms and conditions.
1. The defendant MONROE COUNTY agrees to extend, for a
period of two (2) years, the terms of the lease agreements
between the County and each of the defendants, said lease agree-
ments being those upon which the plaintiffs predicated this
action.
2. The plaintiffs, TROPICAL SAILBOATS, INC. and CHICK-LETS
ON THE BEACH, INC., each and both agree to release the defendant,
MONROE COUNTY, and its agents and employees, from any and all
claims for breach of any of the terms and conditions in the
above-mentioned lease agreements, arising from or attributable
to maintenance and renovation work performed by the County at
Higgs Beach. This release is conditioned, however, on an under-
standing that the County will undertake any future maintenance
and renovation work at Higgs Beach in a manner that minimizes any
interruption of, or disturbance of, the plaintiffs' business
activities. Specifically, the County agrees not to perform any
such work on holidays or holiday weekends, such as Easter,
Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and
Christmas Day.
3. The parties agree that each party shall bear its own
costs in this proceeding.
4. The parties further agree, and respectfully ask, that
this Court dismiss this cause, but retain jurisdiction to enforce
/
1_/ /:';,.:: I ,
'Date
I
MI
any of the terms or conditions of
/,/':/
""
10
Date
MARK GRAHAM HANSON
Florida Bar No. 342882
Assistant County Attorney
310 Fleming Street
Key West, FL 33040
(305)296-7435
Attorney for Defendant
o R D E R
THIS COURT having reviewed the above stipulation of settle-
ment and dismissal, and finding this stipulation to be in proper
form, does hereby approve the same. Accordingly, it is
ORDERED and ADJUDGED as follows:
1. The above stipulation of settlement and dismissal is
hereby approved.
2. This action is hereby dismissed, with prejudice.
3. This Court retains jurisdiction to enforce the terms of
the above stipulation.
DONE and ORDERED at Key West, Monroe County, Florida, this
day of
, 1989.
RICHARD J. FOWLER
Circuit Judge
Copies furnished to counsel:
Michael L. Browning
Mark Graham Hanson
2