Item S4
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
August 21, 2002
Division:
County Attorney
AGENDA ITEM WORDING:
Approval of Stipulated Settlement Agreement in T.J.Builders Corp. v. Monroe Countv.
ITEM BACKGROUND:
Settlement agreement agreed to in principal back at May 15, 2002 BOCC meeting. This
version includes more details.
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 0 Risk Management 0
DIVISION DIRECTOR APPROVAL~~~
/' ES/. HEND ICK
DOCUMENTATION: Included 0 To Follow 0 Not Required 0
AGENDA ITEM #
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IN THE CIRCUIT COURT OF THE 16TH 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.
/
STIPULATED SETTLEMENT AGREEMENT
T.J. Builders Corp. and the Board of County Commissioners of Monroe County, Florida
(hereinafter "the County"), by and through their undersigned attorneys, hereby reach the
following settlement agreement in the above captioned matter.
1. The parties hereby agree that the County is entitled to a credit of $47,464.00 for
work and materials for the ball park lighting system at the Key Largo Community
Park project, not the $130,460.00 that it had previously claimed.
2. The parties agree that the Court will retain jurisdiction to resolve the issue of
whether interest is owed on the unpaid balance of the contract.
3. The County agrees to pay the outstanding water charges in the amount of
$4,865.71.
4. The parties agree that but for the interest issue, this Stipulated Settlement
Agreement resolves all outstanding issues regarding 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. The County agrees to remit final payment less the credit of $47,464.00 within 30
days of executing this agreement.
6. The final payment, aside from any interest that may be awarded by the Court,
shall be $179,690.35.
7. Upon resolution of the interest issue, the parties shall exchange general releases
and T.J. Builders Corp. will provide Monroe County with a final release of lien.
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) 982-1511 - Fax
Florida Bar No. 441112
Attorney for the Plaintiff
ORDER APPROVING SETTLEMENT
THIS CAUSE having come before the Court on the Stipulated Settlement Agreement of
the parties, and the Court, being fully advised of its premises, hereby Orders that:
The Stipulated Settlement Agreement is APPROVED and the parties shall comply with
its terms, and it is further
Ordered that the Court shall retain jurisdiction to resolve the issue of whether the County
owes T.J. Builder's Corp. interest on the unpaid balance of the contract as well as all disputes
regarding enforcement and compliance with this Stipulated Settlement Agreement.
Done and Ordered this day of
,2002, in Plantation Key, Florida.
Cc: County Attorney
Steven E. Eisenberg, Esq.
The Honorable Luis Garcia
Circuit Judge .