Item Q2
p .
Board of County Commissioners
AGENDA ITEM SUMMARY
Meeting Date: August 16, 2000 .
Division: County Attorney
AGENDA ITEM WORDING: Request for approval of proposed settlement agreement
reached pursuant to mediation in Royal Plum Condominium Assoc. v. Marathon Garbage
Service and Munidpa/Service District, Case No. 99-10039-CA-18.
ITEM BACKGROUND: Royat'-p1um filed suit against Marathon Garbage and Monroe
County (as Municipal Service District) for reimbursement of overpaid expenses for
garbage collection se'rvices. Certain services were alleged to have been billed for and
paid, but never provided. The proposed settlement agreement includes payment from
Marathon Garbage for directly over-billed services and payment from Monroe County
representing Its share of these overpayments that were collected from Marathon
Garbage under the garbage collection franchise agreement.
PREVIOUS RELEVANT HOCC ACTION: None.
STAFF RECOMMENDATION:
Approval.
TOTAL COST:
BUDGETED: Yes
No
Cost to County:
APPROVED BY:
County Attorney
x
OMB/Purchasing
Risk Management
DIVISION DIRECfOR APPROVA~
DOCUMENTATION: Included -2L- To Follow T Not required
I-G^
AGENDA ITEM IIi
--
IN TIIE CIRCUIT COURT OF THE
16TII JUDICIAL cmcurr IN AND
FOR MONROE COUNlY, FWRIDA
ROYAL PLUM CONDOMINIDM
ASSOCIATION, 1Ne.
CASE NO. 99-10039-CA-18
Plaintiff,
-vs-
REPORT OF COURT
ORDERED MEDIATION
MARATHON GARBAGE SERVICE, JNe.
and THE MUNICIPAL SERVICE
DISTRIcr OF MONROE COUNTY,
FLORIDA, a Political Subdivision
of the State of Florida
Defendants.
I
A mediation hearing was held on July 13, 2000} for the above ~Ied case.
Mediator, David P. Kirwan, conducted the proceedings. Attorneys for all parties
were present I I
An agreement was reached.
The following is a synopsis of the complete agreement reached:
Defendant, Marathon Garbage Service, Inc. (MGS), shall pay to plaintiff the sum
of $5,250. Defendant, Municipal Service District of Monroe County shall pay to
plaintiff the sum of $5,250. MGS agrees to begin charging monthly main~ce
(i.e. dumpster) fees to plaintiff beginning with its next billing cycle. MGS waives
any claim for past maintenance fees to the date of the settlement.
Plaintiff wiD file a voluntary dismissal with prejudice. Each party shall bear its
own attorney's fees and costs. This settlement shall be effective only if a signed
counterpart of this mediation agreement is faxed to the mediator, David P.
Kirwan, at 305/743-0384 nO law than 3 p.m. on Friday, July 14, 2000. This
agreement is contingent upon approval by the Board of ColU\ty Commissioners
of Monroe County at its Au~ 2000 meeting.
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Dated. July 13, 2000
~-~
Attorney for Plaintiff Royal Plum Condomini~ ~sn., In.c.
Sa! I..aR~ Treasurer
Royal~A~':;~
61~~---
AtfDmey for Defendant Marathon Garbage Service, Inc.
William KOI\lil1h, President
arathon Garbage Service, Inc.
K Cabanas
Attorney for Defendant
M1Uricipal Service District of Momoe Coun1y Florida
,
I ~BY CERTIFY that a true and exact copy of ihe foregoing was mailed to the
Honorable Sandra Taylor, Circuit Judge, Monroe County Courthouse, 500
Whitehead Street, Key Wes1;. FL 33040 this _ day of July, 2000.
David P. Kirwan
Media1Dr #5043R
P. O. Box 500067
Marathon, FL 33050
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