Settlement Agreement 05/20/2009
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DA TE:
May 29, 2009
TO:
Suzanne A. Hutton
County Attorney
FROM:
Kathy M Peters
Executive Assistant
Pamela G. Han~.c.
ATTN:
At the May 20, 2009, Board of County Comm~ssioner's meeting the Board granted
I
approval and authorized execution of a Settlement Ag*eement in the matter of Fonticiella
Construction Corporation v. Monroe County, Case No:! 2009-CA-424-K, in the amount of
$600,000.
Enclosed are two duplicate originals of the above-mentioned for your handling. Should
you have any questions please feel free to contact our officd.
cc: Finance
File/
]?ONTICIELLA CONSTRUCTION
CORPORATION, a Florida Corporation
Plaintiff
v.
l\10NROE COUNTY, FLORIDA
Defendant.
Approval of Settlement Agreement
By the Board of County COnlmissioners
of Monroe County
The Mayor of Monroe County hereby executes the Settlement Agreement, which is
attached hereto and made a part hereof, between Fonti~iella Construction Corporation,
and Monroe County. This agreement was entered into py the representatives of
Fonticiella Construction Corporation and Monroe Coupty at Mediation on May 13, 2009.
This Settlement Agreement was formally approved byithe Board of County
Commissioners on May 20, 2009, and is hereby executed by the Mayor.
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'':'~::,<~ ~: . [fANNY L. KOLHAGE. Clerk
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By:
Deputy lerk
Date: MAY 2 0 2009
Board 0 ounty Commissi
Monr ~ unty, Florida
B~. ;~.y-~
o~eugent,Mayor
Date:~~Y 2 0 2009
MONROE COUNTY ATTORNEY
. AFl ~OVED AS ::tJF~
NATllEEN~ W SASSEL
ASSISTANT/rOUNyY ATTORNEY
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In the Circuit Court of the 16th JUdicial Circuit
In and for Monroe County~ Florida
Case No: 2009-CA-424-K
Judge David Audli~
FONTICIELLA CONSTRUCTION
CORPORATION, a Florida Corporation,
Plaintiff,
v.
MONROE COUNTY, FLORIDA,
Defendant.
/
SETTLEMENT AGREEMENT
The parties and/or counsel, with full authority subject! to approval by the Board of County
Commissioners of Monroe County, Florida, voluntarily Iconsent and agree to settlement of the
above-referenced matter upon the following terms and cOlh.ditions:
1. Defendant Monroe County (hereinafter ""the County") shall pay F onticiella
Construction Corp. (hereinafter "FCC") the total amount of $600,000.00 (six
hundred thousand dollars), checks to b~ made payable and deliverable in a
manner described herein and upon approval of this settlement agreement as set
forth below.
2. FCC agrees to execute and submit to the ~ounty all standard-closing documents
required by the County, and to provide th~ County with releases of liens from all
subcontractors. Each party agrees to exe4ute mutual and general releases to the
other related to or arising from the subject blatter of the instant dispute; each party
agrees to execute a voluntary dismissal df all claims with prejudice; with each
party to bear its own attorney's fees and colsts.
3. Both parties agree that subcontractors' filInds will be disbursed by joint check
made payable to Fonticiella Constru~tion Corp. and to the individual
subcontractors pursuant to a full list of spbcontractors provided by FCC to the
County. Parties agree that distribution of phecks will be in exchange for releases
of liens from all subcontractors and shall t~ke place at the offices of FCC, with the
exception of subcontractors located in Motroe County whose exchange of checks
and releases shall be conducted in Monroe County. The balance of the settlement
funds shall be paid to FCC subsequent to xchange of paYment to and release of
liens from all subcontractors. '
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4. Each party and/or their counsel shall pa~ their share of the mediation fees and
costs. The Court shall retain jurisdictiqn to enforce terms of this settlement
agreement, including enforcement of the p~Yment of the mediation fees and costs.
This settlement agreement is subject to and conditioned upon approval of all of its
terms and conditions by the Board of County Commissioners of Monroe County,
Florida.
Dated: .5 ;; ? /tJ f
Fonticiella Construction Corp
5.
Dated: ~ -I $-- / 7
Monroe County, Florida
uthorized Representative
For F onticiella Construction Corp.
. yrt ov-P< rJ:::
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41~~k:
Chief Assistant County Attorney