Settlement Agreement 06/20/2007
Cleltl If lbe
Circ. CIon
Danny L. Kolhage
omce (305) 295-3130 Fax (305) 290-3663
lVfemnrandum
To:
Kathy Peters,
County Attorney's OffICe
Isabel C. DeSantis,' V
Deputy Clerk ,If
From:
Date:
Monday, July 02, 2007
At the BOCC meeting on June 20, 2007, the Board approved the following:
Settlement Agreement in the amount of$150,000 with Vantage Property
Dev~:lopment, LLC (Walter P. Drabinski) regarding the lease for the office building at
Overseas Highway, Cudjoe Key, FL 33042.
Attached hereto are two (2) duplicate original of the subject document for your
handling. Should you have any questions, please do not hesitate to contact this office.
cc: Finance
/File
SETILEMENT AGREEMENT
Between VANTAGE PROPERTY DEVELOPMENT LLC
And MONROE COUNTY
Lessor Vantage Property Development LLC, a Florida limited Liability Company
("VANTAGE"), and Lessee, MONROE COUNTY, a political subdivision of the State of Florida
("Monroe County"), enter into this Agreement dated July 18, 2007, to settle the matter between
them.
WHEREAS, the parties did enter into a lease dated October 18, 2006 ("Lease"), for
premises under construction at 21460 Overseas Highway, Cudjoe Key, Monroe County, Florida
("Cudjoe K(~y Office Building"); and
WHEREAS, the Lease provided for build-out of the area leased to the County according
to specifications set forth in the Lease including "finished and painted walls, finished and tiled
baths and fixtures, HV AC, separate electric meter, windows that open, doors and windows to at
least 155 mile per hour winds, all electric wiring and lighting including emergency lighting,
finished flooring as chosen by tenant, 60 KW propane fueled generator to serve the building
including the leased premises and a 1,000 gallon gas tank to serve the generator, premises to be
ADA compliant;" and
WHEREAS, on March 21, 2007, the County Commission voted to terminate the Lease
for the Cudjoe Key Office Building; and
WHEREAS, the Lease contains a pay-out provision of $30,000 to compensate for
finishing the leased area per the County's requirements specified therein and a six-month notice
requirement; and
WHEREAS, there has been a dispute between the parties as to whose actions and
omissions, including who required or requested upgrades to the premises and other construction
issues and including actions of County officials and employees, contributed to the delays in
getting a certificate of occupancy; and
WHEREAS, the County's computation of full compensation for the early termination of
the Lease is significantly lower than the Lessor's computation, but the County deems it in the
best interest of the public to compromise its position in order to settle the claim; and
WHEREAS, the Lessor's computation of full compensation for the early termination of
the Lease is $330,886, but, recognizing the County's current financial position, the Lessor is
willing to accept $150,000 in pre-suit settlement of the matter; now therefore,
IN CONSIDERATION of the promises and conditions contained herein, the PARTIES agree as
follows:
Vantage Prop Settlement 2007
1
1. The County shall pay to Lessor the sum of $150,000 in full settlement of all claims
relatl:d to the Lease entered October 18, 2006, and actions of County officials and
employees related to construction through the date of this agreement.
2. The Lessor shall hold Monroe County harmless and release County and its employees
from any and all claims arising or which could have been asserted in connection with the
Lease and the modifications to the building.
3. Each party shall bear its own costs and attorney's fees in connection with this matter.
ATTEST:
DANNY 1.. KOUIAGE
CLERK OF THE COURT
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: ~a.Ld t. ~;hQMWY:
Deputy Clerk f4/ Z 0/ () 7
~JO;~
Mayor/Chairperson
VANTAGE PR PERTY DEVELOPMENT, LLC
By:
Vantage Prop Settlement 2007
2
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