Item R5
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
ADD ON
Meeting Date:
May 15, 2002
Division: County Attorney
AGENDA ITEM WORDING:
Approval of Stipulated Settlement of Attorney's Foo~ in the matter TJ Builders Corp. v.
Monroe County. -f h e... I,. f{Jer f /0""
ITEM BACKGROUND:
County legal staff and counsel for TJ Builders Corp. have reach a tentative settlement
agreement regarding the Key Largo Community Park project. The agreement would
set the final amount owed under the contract at $47,464.00. The County would also
pay the outstanding water charges of $4,865.71. The parties would leave to the Court
to decide whether the County is liable for pre-judgment interest on the principal
amount.
PREVIOUS RELEVANT BOCC ACTION:
See above.
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 D Risk Management D
DIVISION DIRECTOR APPROVAL~~ ~
JA T. NDRI K
DOCUMENTATION:
Included 0
To Follow 0
Not Required 0
AGENDA ITEM #
MAY-15-02 09,48 FROM,MONROE COUNTY ATTY OFFICE 10,3052923516
PAGE
2/3
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
~,
Y.
MONROE COUNTY,
Defendant.
I
STIPULATED SETTLEMEN'fAGREEMENT
TJ. Builders Corp. 3."1d t..lle Board of COU-"1ty COn"'..lI'issioners of Monroe Cm.Lllty. Florida
(hereinafter "the County"), by and through their undersigned attorneys, hereby reach the
following settlement agreement in the above captioned matter.
i. Tne parties hereby agree that the County is entitled to a credit of $47,464,00 fOl'
wod\: and materials fOT u~e ball park lighting system at the Key Largo Community
Park project. not the $! 30.460.00 that it had previously claimed,
2. The parties agree to let the Court resolve the issue of whether interest is owed on
the unpaid balance of the contract.
3. Tne County agrees to pay the outstanding water charges in the wuount of
$4.865.71.
4. The pa..rties agree that t.1Us Stipulated Settlement Agreement shall resolve all
outstanding issues regarding the final payment of the contract for the Key Largo
Park Project which is the subject of the above captioned maner.
5. The County agrees to remit fmal pa)'TllCl1t less the credit of $47.464,00 within 30
days of executing this agreement.
6. T.J. Builders Corp. agrees to enter a satisfaction of this judgment and release of
liens upon receipt of a check for any interest awarded by the Court or upon receipt
of a fmal order denying interest.
MAY-15-02 09,48 FROM,MONROE COUNTY ATTY OFFICE 10,3052923516
PAGE
3/3
7. The Court shall retain jurisdiction to resolve aU disputes regarding enforcement
and compliance with t.hjs Stipulated Settlement Agreement.
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
Steven E, Eisenberg date
First Union Financial Center
200 South Biscayne Blvd.; #2420
Miami, FL 33131
(305) 579-1274 - Phone
(305) 982-151 1 - Fax
Florida Bar No, 441112
Attorney for the Plaintiff