Item S10
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
March 20, 2002
Division:
County Attorney
AGENDA ITEM WORDING:
Approval of Stipulated Settlement of Attorney's Fees in the matter of Florida Keys
Aqueduct Authority and Keys Citizens for Responsible Government. Inc. v. BOCC of
Monroe County and Ogden Water Systems of Key Largo with respect to Keys Citizens
for Responsible Government, Inc. only.
ITEM BACKGROUND:
Attorney's Fees in the amount of $26,285, plus interest was awarded to Plaintiff Keys
Citizens for Responsible Government, Inc. by Judge Payne. Plaintiffs have agreed to
accept $19,000 for attorney's fees.
PREVIOUS RELEVANT BOCC ACTION:
BOCC authorized the County Attorney to settle between $15,000 and $20,000 with
this Plaintiff.
CONTRACT I AGREEMENT CHANGES:
N/A
STAFF RECOMMENDAnONS:
Approval.
TOTAL COST:
BUDGETED: Yes 0 No 0
COST TO COUNTY:
APPROVED BY:
County Attorney. OMS/Purchasing 0 Risk Management 0
DIVISION DIRECTOR APPROVAL: ct;}t"~~
JA T. HE RICK
DOCUMENTAnON: Included 0 To Follow Not Required 0
AGENDA ITEM #
5-/0
IN THE CIRCUIT COURT OF THE SIXTEENIlI JUDICIAL CIRCUIT
IN AND FOR MONROE COUNIY, FLORIDA
FLORIDA KEYS AQUEDUCT AUTHORIlY,
And KEYS CITIZENS FOR RESPONSIBLE
GOVERNMENf, INC., a Florida not-for-profit .
Corporation
Plaintiffs
Case No.: CAK 00-1170
vs.
BOARD OF COUNIY COMMISSIONERS,
MONROE COUNIY, FLORIDA, and
OGDEN WATER SYSTEMS OF KEY LARGO, INC.,
Defendants
/
STIPULATED SElTLEMENf OF AITORNEY'S FEES
KEYS CITIZENS FOR RESPONSIBLE GOVERNMENf, INC.,
(hereinafter "Keys Citizens") Plaintiff, and the BOARD OF COUNIY
COMMISSIONERS OF MONROE COUNIY, FLORIDA (hereinafter
"the County"), Defendant, by and through their undersigned
attomeys, enter into this agreement regarding attomey's fees:
1. The County agrees to pay Keys Citizens the sum of 819,000
in attomey's fees, on or before March 25, 2002, to satisfy the Final
Judgment and Order Granting Motion to Award Attomey's Fees
entered by Judge Richard Payne on February 21, 2002.
2. In consideration of this agreement, Keys Citizens agrees to
waive any :further claim that it may have to the entire sum of
826,285.00 plus interest that was awarded by Judge Payne in the
aforementioned Final Judgment and Order Granting Motion to Award
Attomey's Fees.
3. In consideration of this agreement, the County agrees to
waive its rights to contest said Final Judgment and Order Granting
Motion to Award Attomey's Fees.
4. Upon receipt of payment of 819,000 from the County, Keys
Citizens agrees to file a satisfaction of the February 21, 2002 judgment
for attomey fees in this action.
5. The Court reserves jurisdiction to enforce the terms of this
agreement, and to provide any and all further relief that this Court
deems appropriate.
agreement is entered into on this _ day of
JL~
FEN: 058262
Assistant County Attomey
P.O. Box 1026
Key West, Florida 33040
(305) 292-3470
Attomey for Defendant
B.O.C.C. of Monroe County
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
March 20, 2002
Division:
County Attorney
AGENDA ITEM WORDING:
Approval of Stipulated Settlement of Attorney's Fees in the matter of Florida Keys
Aqueduct Authority and Keys Citizens for ResDonsible Government. Inc. v. BOCC of
Monroe County and Ogden Water Systems of Key Largo with respect to Keys Citizens
for Responsible Government, Inc. only.
ITEM BACKGROUND:
Attorney's Fees in the amount of $26,285, plus interest was awarded to Plaintiff Keys
Citizens for Responsible Government, Inc. by Judge Payne. Plaintiffs have agreed to
accept $19,000 for attorney's fees.
PREVIOUS RELEVANT BOCC ACTION:
BOCC authorized the County Attorney to settle between $15,000 and $20,000 with
this Plaintiff.
CONTRACT I AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST:
BUDGETED: Yes 0 No 0
COST TO COUNTY:
APPROVED BY:
County Attorney. OMB/Purchasing 0 Risk Management 0
DIVISION DIRECTOR APPROVAL: (c;,ft!~H"F
JA 5 T. HE RICK
DOCUMENTATION: Included 0 To Follow Not Required 0
AGENDA ITEM #
c;::r'/o
In the Circuit Court of the Sixteenth Judicial Circuit
In and for Monroe County, Florida
FLORIDA KEYS AQUEDUCT AUTHORITY,
And KEYS CITIZENS FOR RESPONSIBLE
GOVERNMENT, INC., a Florida not-for-profit
Corporation
Plaintiffs
v.
Case No.: CAK 00-1170
BOARD OF COUNTY COMMISSIONERS,
MONROE COUNTY, FLORIDA, and
OGDEN WATER SYSTEMS OF KEY LARGO, INC.
Defendants
I
STIPULATED SETTLEMENT OF ATTORNEY'S FEES
KEYS CITIZENS FOR RESPONSIBLE GOVERNMENT, INC., (hereinafter
"Keys Citizens") Plaintiff, and the BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA (hereinafter "the County"), Defendant, by and
through their undersigned attorneys, enter into this agreement regarding
attorney's fees.
1. The County agrees to pay Keys Citizens a sum of $19,000 in
attorney's fees to satisfy the Final Judgment and Order Granting
Motion to Award Attorney's Fees entered by Judge Payne on or
about February 21,2002.
2. In consideration of this agreement, Keys Citizens agrees to waive
any further claim that it may have to the entire sum of $26,285.00
plus interest that was awarded by Judge Payne in the
aforementioned Final Judgment and Order Granting Motion to
Award Attorney's Fees.
3. In consideration of this agreement, the County agrees to waive its
rights to contest said Final Judgment and Order Granting Motion to
Award Attorney's Fees.
4. Upon receipt of payment of $19,000 from the County, Keys Citizens
agrees to file a satisfaction and dismissal with prejudice of this
action.
This two-page agreement is entered into on this _ day of March, 2002.
John A. Jabro, Esq.
FBN:
90311 Overseas Highway, Suite B
Tavernier, Florida 33070
(305) 852-9233
Attorney for the Plaintiff
Keys Citizens for Responsible
Government, Inc.
Robert B. Shillinger, Jr.
FBN: 058262
Assistant County Attorney
P.O. Box 1026
Key West, Florida 33040
(305) 292-3470
Attorney for Defendant
B.O.C.C. of Monroe County