Item S5
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
ADD ON
Meeting Date:
Bulk Item: Yes
Feb. 19.2003
No
Division:
Department:
County Attornev
County Attorney
AGENDA ITEM WORDING:
Request to approve final settlement agreement with contractor TJ Builders Corp. on Key Largo
Community Park project.
ITEM BACKGROUND:
In 2002, the County settled litigation brought by TJ Builders Corp. that arose out of the Key Largo
Community Park. The sole remaining issue was whether the County owed TJ Builder's any
prejudgment interest. Prior to a hearing on this issue before Judge Garcia, County staff negotiated a
tentative settlement of this issue wherein the County would pay $36,000 in prejudgment interest. TJ
Builders had been seeking in excess of$46,000.00.
Modem case law from the Supreme Court and the Third DCA suggests that the County would be liable
for the entire amount. Previous case law held that the County was immune from prejudgment interest.
PREVIOUS RELEVANT BOCC ACTION:
Last year, the Board voted to settle the litigation except for the issue of prejudgment interest. This
issue was left to be decided at a later date.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
Approval of the proposed settlement agreement that is attached.
TOTAL COST:
$36.000.00
BUDGETED: Yes
No
COST TO COUNTY:
$36.000.00
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No~ AMOUNTPERMONTH_ Year
APPROVED BY: County Atty _
DOCUMENTATION:
Included
OMBlPurchasing _ Risk Management _
~s
To Follow_ Not Required
AGENDA ITEM # ~
DIVISION DIRECTOR APPROVAL:
DISPOSITION:
...... -.... -.......~ "'""''\.A.
~u.~~ rAA ~Ua~~21511
STEVEN EISENBERG
IaJ 002
IN THE CIRCUIT COURT OF THE 16m JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO. CAP -00-276
T..J. BUILDERS CORP.,
Plaintiff
v.
MONROE COUNTY,
Defendant.
-,
I
STIPULATED FINAL SE'ITLEMENT AGREEMENT
T.J. Builders Corp. and the Board of County Commissioners of Monroe County, Florida
(hereinafter ''the BOCC''), by and through their undersigned attorneys, hereby reach the
following settlement agreement in the above captioned matter.
1. The parties hereby settle the sole remaining issue of prejudgment interest by
agreeing to a compromise amount of $36,000.00.
2. After execution by TJ B~lders Corp., this stipulation will be brought before the
BOCC for final approval.
3. Upon approval by the BOCC, the County will send a check made payable to TJ
Builders Corp. in the amount of $36,000.00 to TJ auilders' attorney within 30
days.
4. The parties agree that this Stipulated Final Settlement Agreement resolves all
outstanding issues, including prejudgment interest, on TJ Builders Corp.'s claims
for final payment and the County's claims for damages, credits, or deductions for
the Key Largo Park Project which is the subject of the above captioned matter.
5. Upon receipt of that check, the parties shall exchange general releases and T.J.
Builders Corp. will provide Monroe County with a final release of lien and will
voluntarily dismiss the above-captioned matter with prejudice.
01/24/2003 FRI 16:43 FAX 3059821511
STEVEN EISENBERG
4
III 003
... .... _ Cor
Robert B. Shillinger, Jr.
Assistant County Attorney
PO Box 1026
Key West, FL 33041-1026
(305) 292-3470 - Phone
(305) 292-3516 - Fax
Florida Bar No. 058262
Attorney for the Defendant
date
6. The parties agree that the Court will re . juris .
settlement agreement until the teJ!ms of sai
Eisen rg
n F' ial Center
200 Sou Biscayne Blvd., #2420
Miami, FL 33131
(305)579-1274 - Phone
(305) 982-1511 - Fax
Florida Bar No. 4411 12
Attorney for the Plaintiff