|Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - March 26, 2013|
Agenda Item #12
Approve Tolling Agreement in re RLS 12-201
Briefing Provided Upon Request
Contact and/or Presenter Information
James A. Minix, Chief Assistant County Attorney
Jo Ann Grace, Legal Assistant, Ext. 3750
Motion to approve the Tolling Agreement between Balfour Beatty Construction, Inc., Traveler's Casualty and Surety Company of Amercia, Fidelity and Deposit Company of Maryland, and Zurich American Insurance Company and Manatee County for repairs to the Manatee County Judicial Center.
Florida Statute 125.01
Several months ago Manatee County discovered that stucco on the facade of the Manatee County Judicial Center Buildings, formally known as the County Jail Building and the Hensley Public Safety Complex Building, was cracking and pieces of the stucco were falling off the buildings. Manatee County notified the builder, Balfour Beatty Construction (BBC), regarding the cracking and falling of pieces of stucco and the County Attorney's Office was directed to take all appropriate legal action to enforce its rights under the construction contract. After much discussion, Manatee County staff and BBC agreed to enter into a Remediation and Access Agreement pursuant to which BBC agreed to repair the stucco defects at no cost to Manatee County. After much delay the work has finally commenced on the buildings and is anticipated to be completed before March 2014.
In Order to protect the County's right to enforce its original contract with BBC and its sureties, the parties agreed to enter into a Tolling Agreement that would toll any claim(s) that Manatee County may have under its original contract with BBC until September 1, 2014. In other words, the Statute of Limitations on potential claims would be held in abeyance by agreement of the parties for a period of fifteen (15) months in order for Manatee County to ensure that the stucco work required under the Remediation and Access Agreement is properly completed. If it is not, Manatee County would still have the ability to file a lawsuit pursuant to its original contract against both BBC and its sureties without the limitations period expiring. The County Attorney's Office therefore recommends the approval of the Tolling Agreement attached hereto.
County Attorney Review
Other (Requires explanation in field below)
Explanation of Other
See attached unexecuted Tolling Agreement. Executed Agreement will be provided subsequently.
Instructions to Board Records
Please return a fully approved copy of this agenda package with all supporting documents to: firstname.lastname@example.org.
Cost and Funds Source Account Number and Name
Amount and Frequency of Recurring Costs
Attachment: Executed Tolling Agreement- BBC Judicial Ctr.pdf