Settlement Agreement
SETTLEMENT AGREEMENT
1 ..1:>........
THIS AGREEMENT made this
Is'" day of
IIiII
d&'1
1991, by and between the Board of County Commissioners ~or Monroe
County, a subdivision of the State of Florida, hereinafter called
"County," and Advanced Structures, Inc., hereinafter called "Con-
tractor."
WIT N E SSE T H:
WHEREAS, a dispute exists between the parties as to the fair
and reasonable value of credits and debits resulting from changes
during the course of construction of the Forty-Six (46) Inmate
Reduced Custody Modular Housing on the island of Marathon,
Florida, for County by Contractor under contract dated January
10, 1990, the changes involving alterations, additions, and
deductions in and from work described in the plans and
specifications; and
WHEREAS, the parties desire to resolve this dispute by
entering into this agreement and thereby to terminate controversy
and avoid litigation; now, therefore,
IN CONSIDERATION of the premises, the parties agree:
1. The County shall pay to Contractor the sum of Six-
ty-eight Thousand One Hundred Twenty-four ($68,124.00) Dollars,
being the remainder of the full amount accruing to the Contractor
by virtue of said contract; said payment also covering and
including full payment for the costs of all extra work and
material furnished by the undersigned Contractor in the con-
struction pursuant to said contract.
2. The Contractor hereby releases County from all claims
whatsoever growing out of said contract and waives all rights and
liens which the Contractor may now or hereafter have claim or
assert for all and any work, labor, skill, or materials fur-
nished, delivered, or performed to or for said construction
against the County, against any fund of or in the possession or
control of the County or against said improvement or against all
that land, and the buildings thereon and appurtenances thereof on
the Island of Marathon, in the County of Monroe, and State of
Florida.
3. The Contractor in consideration of the payment acknowl-
edged herein affirms that all work, labor, skill, or materials
furnished, delivered, or performed to or for said construction on
said premises were furnished, delivered, or performed by the
Contractor or his agents, employees and servants, or by and
through the Contractor by subcontractors or materialmen or their
agents, employees and servants; and further affirms that the
receipt of the aforementioned $68,124.00 releases in full all and
any hereto existing or possible future mechanics' liens or rights
against said construction and premises.
4. The Contractor affirms and warrants to the County all
warranties, guarantees, and promises concerning materials and
equipment furnished under the contract and that the work conforms
to the requirements of the contract documents, and such other
warranties and guarantees as are contained in the aforementioned
contract, especially those guarantees and warranties under
Article 9 of said contract.
IN WITNESS WHEREOF the undersigned have hereto set their
hands and seals this IS", day of 4../i'l...- ' 1991.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
(SEAL)
Attest:
DANNY KOLHAGE
By
ADVANCED STRUCTURES, INC.
By
au
550 SW Third
Florida City,
"'" Sh....; s....""/(~'^<rlJ
Altj
(SEAL)
Attest:
By
APPROt'!:J !'~ '1'"' ,- ~~. ,
ANDfr'-'! . '....
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~Advanced Structures, Inc.
6600 S.W. 57th Avenue. Suite 115
Miami. Florida 33143
Tel: (305) 669-9311 · Fax: (305) 669.9322
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~~.~~ HVVRNCED STRUCTURES INC. P.04
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1 4 : 5 :2 AD..... A NeE D S T R U C T Li ~ E. ::::;--:1. N C. P. 0:2
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--=
May 7 ~ 1991
Ms. Sheri Smallwood? Esquire
209 Duval Street
Key West, Florida 33040
Dear Sheri:
Pursuant our dISCussion and your May 7, 1991 fax~ let this serve as
written permission f~r yOu to execute the original Monroe County
settlement agreement reference the Marathon jail on behalf of myself
and Advanced Structures, Inc.
~tni-elY ~
U-r Q~~ ~
Pad A. Toppino
PAT/mrn
By
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.INC. P.04
P.02
S h:T'I'L.F.Nl:~'t ACR&F.M'F.NT
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'1'HIS AG~EEMl':NT clade this . day of ....___ .._",."...,_..........
~.,.' -..:......,
1991, by and between th$ Board of County Comml1s1onera for Monroe
Co\mty, a subdivision of the State of P'lorlda, here1nafter C/:ll1fHJ
"County,1r and Advaneed Structures. Ine" herein. fter cal1~d "Con-
tractor,"
WIT N E 5 SET H~
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WHF.RF.AS, a dispute ex1$ts between the parties .8 to the fair
aod reasonable val~e of credit' and debits resulting from th~nge8
during the course of construct1on of the Forty-S1~ (46) InmAt.e
Reduced Custody Modular Housing on the 1s1end of Ksrachon.
li'lor1da; for County by Contractor \lnder contract d~ted Janusry
10, 1990, the changes involving alterations. additions, And
deductions in and from ~ork described in the plana end
9pee1f{c~tton8' and
~TJ1F.RJo~AS, the pat't1e& de$lre to resolve thi8 diSptitt' by
entering into this agreement and thereby to ter~1nat~ controve~.y
And avoid lit1gatioor now, therefore,
IN CONSIDt~tl0N of the premises. the part1es agree:
1. 'I'he County shall p.y to Contractor the 8um of S~x-
ty"e1gh t 'Itlo\.18and One Hundred Twenty" four ($68.124.00) Volla rs,
being the reme1nder of the full ~mount 8ccrutng to the Controctor
by virtue of 8aid contraot. .aid payment a190 covering and
----------------------------------
~~~
rUE 14:52 ADVANCED
TUE lS:2? MZCHAEL HALPERN
STRUCTURES INC. p. ea
-----~~--------------------------
p..e~
includIng f.ull pa}"Ulent (or the COst. of en e~tra "0'-).- end
m.,'terta t furntshed by the' unders1gned Contractor 1n the con-
8tru~tlon pUr8u~nt to e~id contract.
2. The Contractor hereby reIeeees County (ro~ all clalm.
WhStooever growing OUt of S.ld contrect and waivea all rtghtd and
Uen! which the Contractor may no" Or hereafter have ChI", <'r
assert for all end .ny WOrk, labor. ak 111. or metet h Is fur-
niShed, delivered, or performed to or fDr s.ld ~onstructlon
against the County, .gainst any fund of or in rhe POS.easlnn or
cOntrol of the County Or .gainst ..id improvement or 'gslnot all
thSt lsnd, snd the bUildings thereon 'nd 'ppurtenances thereof on
the ta land of Marsthon, in the County of Monroe, and State of
Florida.
3. l'he Contractor In conaideration of the payment .cknowl_
edged herein a{flnn. that a U Work. lebar, .k111, or ",.cerisls
furnlshed, delivered. or performed to Or tor ..id constrUCtion on
SlItd premises were furnished, del1vered. or performed by the
C<lntractor Or hh sgente. employee. .nd servants. Or hy and
through the Contractor by subcontractor. or materialmen or their
"1:\('" t s · e",p loy ee s snd s e rv.n t s , .nd fur ther a f f Us's th't the
receipt of the aforementioned $68.124.00 release. in full all and
any herato eXiStlng or pOSSible future mechsnt~.. 11en. or rights
8gainst said con8t~u~t1on and premises.
4, The Contractor .fflrms and w.rrants to the COunty .tl
w.rranti.., guarantees. 'nd promises concel'nfllg ..ateris Ie and
equtpment furntlhed under the contra~t and that the work conforms
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~TUE 14:53 ADVANCED STRUCTURES
.-';;;;';'9 1 T U E 1 =:: : :2 e M I C H A E L HAL PEP: t-"
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INC. P.05
P.04
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to the tQqu{rclIneate of the eoutrttct documents. and 8t1~h other
~alr~ntles and guarantees as ste contained in the aforem~ntlo~ed
contract, especially those guaranteec and warranties under
Article 9 of Geid contract.
It't WllNESS WHF.REOF the undere1gne-d h~ve 'hereto ~et. t het T
h~nds and seals this
~1.4.""'~t
day of __ "'"
~"W... ............ '''1
, ),991.
1.~
BOARD or COlJN't'y cor,1M tSS rONERS
0' MONROE COUNTY, Fr.ORIDA
!Y--mt)'or7ni91'rinan~ ..-... ..'. '., -.....
($F,:AL)
Attestl
OANN"{ KOLHAG~
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STRUCTURES, INr.,
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SSO SW Third Avenu.
Florida City. FL 33034
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