Settlement Agreement & Release of Lien
GENERAL RELEASE AND RELEASE OF LIEN
AND OR &255.05 BOND RIGHTS
KNOW ALL MEN BY THESE PRESENTS:
THAT MONROE COUNTY,
first party, for and in consideration of the sum of Two-hundred Fifteen Thousand, Six-hundred Ninety
Dollars and 35/100 ($215,690.35), or other good and valuable consideration, received from or on behalf
of
T.J. BUILDERS CORP.
second parties, the receipt and adequacy whereof is hereby acknowledged,
(Wherever used herein the terms "first party" and "second party," shall include singular and plural,
heirs, legal representatives, and assigns of individuals, and the successors and assigns of
corporations, wherever the context so admits or requires.)
HEREBY remises, releases, acquits, satisfies and forever discharges the said second party, and its
predecessors and successors in interest, parents, subsidiaries, officers, directors, employees and agents
including counsel, of and from all, and all manner of action and actions, cause and causes of action, suits,
debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts,
controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims and
demands whatsoever, in law or in equity, which said first party ever had, now has, or which any of its
predecessors and successors in interest, parents, subsidiaries, offers, directors, employees and agents
including counsel of said first party, hereafter can, shall or may have, against said second parties, for,
upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of
these presents including but not limited to, those claims which were or could have been raised in
connection with that certain project known as the Key Largo Community Park Project located at 500 St.
Croix Place, Key Largo, Florida and that certain lawsuit pending in Monroe County, Florida, styled TJ.
Builders Corp. v. Monroe County, Case No. CAP-00-276.
~NEY
PRO M:
r ROBERT B. SHILL! GER, JR.
ASSISTANT COUNty ~ORNEY
Date -::; - ';;) / - .
MONROE COUNTY
By: ~ m ~4J)
ixie Spehar, ayor
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this 2.1,dt. day Of'(iJo' ~
2003 by Oixi Co M.6,.c.L.t4..... of MONROE COUNTY, a political subdivisi of eState
of Florida. He@Wis personally known to me er vvho has pr..od1lced
as ide;ntifieatieft.
(s '<"'r;;~ PAMELA G. HANCOCK
,.; .. :.\ MY COMMISSION 1/ CC 908235
I ~;;""" /oi} EXPIRES: February 7, 2w.
1 i -'4,,c!f.U\ ,.," Bonded Thru Notary Public Underwriters
~~lOrida
My Commission Expires
THIS INSTRUMENT PREPARED BY:
STEVEN E. EISENBERG, ESQ. and modified by ROBERT B. SHILLINGER, JR., ESQ.
200 S. Biscayne Blvd., #2710 PO Box 1026
Miami, FL 33131 Key West, FL 33041-1026
Tel: (305) 579-1274 Tel: (305) 292-3470
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
OFFICIAL RECORDS
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MONROE COUNTY,
Defendant.
FILE #1321728
BK#1 a 14 PSIS
I RCD Sep 11 2002 09:06AM
DANNY L KOLHAGE, CLERK
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.
I
7.
Ro rt B. Shillin r, Jr.
sistant County Attorney
o Box 1026
Key West, FL 33041-1026
(305) 292-3470 - Phone
(305) 292-3516 - Fax
Florida Bar No. 058262
Attorney for the Defendant
date
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 '1 ~ay of t~~' 2002, in Plantation Key, Florida.
Cc: County Attorney v ...'?
Steven E. Eisenberg, Esq. _
........
Honorable Luis
. cuit Judge
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MONROE COUNTY
OFFICIAL RECORDS
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