Settlement Agreement 08/19/2009
DANNYJ-Je KOLHAGE
CLERK OF THE CIRCUIT COURT
DA TE:
August 24, 2009
TO:
Suzanne A. Hutton
County Attorney
FROM:
Kathy M Peters
Executive Assistant
Pamela G. Hanc~.
A TTN:
Board granted approval and authorized execution of the following:
May 20, 2009, Gas Tax Sharing lnterlocal Agreement for local option gas tax between
Monroe County and the City of Key Colony Beach. Enclosed is a duplicate original for your
handling.
August 12, 2009, Standard Legal Services Agreement between Monroe County and
Timothy Volpe, Esq. of Volpe, Bajalia, Wickes, Rogerson & Galloway, P.A. for legal services
related to wind storm insurance coverage and rates. Enclosed is a duplicate original for your
handling.
/August 19, 2009, ratification of Settlement Agreement in Tropex Construction Services,
Inc. v. Monroe County Board of County Commissioners, Case No. 06 CA 44 P. Enclosed is a
copy for your records.
Shoulld you have any questions please feel free to contact our office.
cc: Finance
File
IN THE CIRCUIT COURT OF THE 16TH
JUDICIAL CIRCUIT IN AND FOR
MONROE COUNTY, FLORIDA
CASE NO.: 06 CA 44 P
TROPEX CONSTRUCTION SERVICES, INC.,
a Florida corporation,
Plaintiff,
v.
SETTLEMENT AGREEMENT
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS,
Defendant.
/
The parties and/or counsel, subject to their full authority as more fully set forth
below, voluntarily consent and agree to settlement of the above referenced matter upon
the following terms and conditions:
1. Wi thin 20 days from the date of the date of final approval of this
Settlement Agreement as more fully set forth herein, Plaintiff/Counter-
Defendant, Developers Surety And Indemnity Company, shall pay --
Defendant/Counter-Plaintiff, Monroe County Board of County Corrunissioners
("BOCCH), the total amount of $300,000.00, check made payable Monroe
County Board of County Commissioners, and delivered to Ira Libanoff,
Esq., at his offices.
2. The undersigned representative and counsel for the BOCC, represents that
this Settlement Agreement shall be placed upon the agenda for the next
available meeting of the BOCC for consideration and approval. Approval
of this Settlement Agreement by the BOCC shall be a condition precedent
to any of the obligations of the parties herein.
3. Also, subject to final BOCC approval of this Settlement Agreement, each
party agrees to execute mutual, case/project and bond specific, general
releases; and, a voluntary dismissal of all claims, with prejudice, each
side to bear their own attorney's fees and costs.
4. Each party and/or their counsel shall pay their share of the Mediation
fees and costs. The Court shall retain jurisdiction to enforce the
terms of this settlement, including enforcement of the payment of
mediation fees and costs.
Date: 4.17.09
Da t e : 4. 1 7 . 09
oyco~nty
Developers Surety and Indemnity
Company
Tropex Construction Services, Inc.,
By and through Developer's Surety and
Indemnity Company, as attorney-in-fact
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'C:::~>" ~S~~ ('
'- /~ ~ .
----- ...-- '- - ------
Counsel for Monroe Coun~
Ira L. Libanoff~--Esq.-
Manager
"