Item R7
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
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Meeting Date: December 18,2002 Division: County Attorney
AGENDA ITEM WORDING:
Approval of Settlement Agreement in the amount of $56,500.00 in the case of Coltec
Engineering v. Monroe County .
ITEM BACKGROUND:
The settlement of this case was discussed and approved in an attorney-client closed
session on November 20, 2002, with County Administrator Jim Roberts, Attorney Jim
Hendrick, and Ira Libanoff/Janet Ritenbaugh, Special Counsel to the BOCC.
PREVIOUS RELEVANT BOCC ACTION:
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: BUDGETED: Yes D NOD
COST TO COUNTY:
APPROVED BY: County Attorney.
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included To Follow D Not Required D
AGENDA ITEM # 1<7
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WBLBAUK, GUBJlNSBY, HnrOBTON',
- GRBB:N'I.~. GREGORY, L.L.P.
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1&o1l111rr A BDrowrOJf ! ~ (CollAL G.&:Iu.aIJ). Pr.omDa. saaa.a008
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~elmber 2. 2002
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Ira Libanoff, Esq. I
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Ferencik Libanoff et al. I
150 S. Pine Island Road, Suite 400 I
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Ft. Lauderdale. FL 33324-2667 I
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Re: Collec Engineering, Inc. W. Monroe County, Florida .
Case No.: CA-K-02-260,1 Circuit Court in and for Monroe County, Florida
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Dear Mr. Libanoff: i
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. I have your letter of November 27. 2(1)02 regarding the above-referenced matter. The
$57 ,500.00 amount which you referente in said letter is acceptable as are the other terms
I that you specifically mention concemi~ each party's bearing its own costs and attorney's
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-I fees. However, a condition of this ~ettlement is that my client have in his hands a
I settlement check in the full amount of $57.500.00 on or before December 24, 2002. My
~ client has waited a longtime to get paid on this job and does not want to wait any longer.
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, Please send me the settlement pape~s that you are drafting so that I can review them.
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I discuss any needed changes with you ~nd get them signed so that they can be exchanged
! for the settlement check on or before December 24, 2002. Thank you for your attention
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to this matter. I
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!1 Sinqarely.
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WE~BAUM, GUERNSEY. HINGSTON.
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~ GREENLEAF & GREGORY. L.L.P.
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r. W. F.rank Greenleaf
~F~'gan
I pc: Coltec Engineering. Inc. 10' ~.CC 11 1[Wl!)1
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~ DEe 09 2002
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FERENCIK LIBANOFF BRANDT AND BUSTAMANTE
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PROI"e6SJOfw.. AStlOeIATlOH
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Ro8E1lT E. FEAalCIK, JIl. I
^10RNEYS AT LAW! WESTSIDE CORf'CRAlE CENTER
1AA L l.JIW4OFF 150 S. PINE I8LAND RCWJ. SUm: 400
ALAN C. (PETER) BRANDT. JR. , FORTLAU~. Fl33324
NESTOR BusTAIWrTE, JJ/ I
Au!:xANoeR J.IMLLIAA.lS. JR. I ~l9S4)"7""
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JOR~ L.. G~IN i ~ f,q)94HIm
~ D. Kw.EDV ! 'AX(lI54)474-7:M3
GAVIN D. CADDY December 9, 2002
LISA K NORTH I Emal:llb~m9mm
HUDSON G. SAMSON i UIlL: ~.CIIIll
.IANEr E. RlTENaAUGIi.OIc:.u.s.I !
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Via F.csimile I
laMes T. Hendrick. Esquire ,
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Monroe County Attorneys' Office I
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502 Whitehead Street I
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I Key West, FL 33040
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Re: Coltec En2ineeriDfl v. Mon~e County
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Dear Jim: I
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Enclosed is a COpy of a letter I have lreceived from Frank Greenleaf, counsel for Coltec
Engineering, wherein Mr. Greenleaf has 19reed to the tenns and conditions of the settlement on
behalf of Coltec, which terms were previ<ilusly discussed betWeen the parties. As you will note,
~ the only additional condltion that Mr. Gr~enleaf has attempted to place on the settlement is that
the settlement payment be received on 0r before December 24, 2002. I have informed Mr.
I " GreenJeat that I will make every. effoit to accommodate that request however, since the
1 Commission meeting is not until Decembtr lSlh. I could not be assured that the payment would
be issued and forwarded by that date.
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Please let me know about the prospects otihaving the settlement payment to Cohee by December
24lh. If that will not be possible, r will irlfonn Mr. Greenleaf accordingly. and we will then see
whether Coltec does nix the settlement or not.. _
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Should you have any questions, please coritact me.
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Ira Libano ,
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Enclosure ,
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cc: Janet E. Ritenbaugh, Esq. ; 11I<ClIlJ\Yil' ~
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