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Case No. 92-503-CA-18IN THE CIRCUIT COURT OF THE 16TH JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA CASE NO: 92-503-CA-18 GEORGE H. DECARION, JAMES E. ROBERTS, and KROME ACRES, INC., Plaintiffs, V. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, Defendant, and DEPARTMENT OF COMMUNITY AFFAIRS, STATE OF FLORIDA, Defendant -Intervenor. / UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA GEORGE H. DECARION, JAMES E. ROBERTS, and KROME ACRES, INC., Case No: 92-10006-Civ-King Plaintiffs, KEY WEST DIVISION V. JUDGE JAMES LAWRENCE KING MONROE COUNTY, a political subdivision of the State of Florida, Defendant. AGREEMENT COME NOW, -the parties, George H. Decarion, James E. Roberts, Krome Acres, Inc., (hereafter referred to as "Sellers") and Monroe County and the Department of Community Affairs, State of Florida, by and through their undersigned counsel, and agree as follows: 1. The Parties desire to amicably conclude all pending litigation between the parties, and preclude the possibility of future litigation, concerning the Curry Cove Major Development Approval and the real property included therein, except as specifically excepted below. 2. The Sellers agree that, upon the purchase of the real property that is the subject of the Curry Cove Major Development Approval by the State of Florida, Sellers shall dismiss with prejudice the pending complaint in Decarion,et. al., v. Monroe County and Department of Community Affairs, Case No. 92-10006-CIV-KING, currently pending in the United States District Court, Southern District of Florida, and the appeal in the same case currently pending in the United States Court of Appeals for the Eleventh Circuit..Monroe County agrees to dismiss its pending Cross -Appeal and its Motion for Assessment of Attorneys' Fees and Costs. The Parties agree to jointly seek all extensions of time or continuances that may be necessary to maintain the status quo in the above -styled case pending the closing of said sale. 3. Monroe County and the Department of Community Affairs agree that, upon the purchase of the real property that is the subject of the Curry Cove Major Development Approval by the State of Florida, Monroe County and the Department of Community Affairs shall dismiss their pending appeals in Department of Community Affairs, etc., v. Decarion, et. al., Case No. 94-678, currently pending in the Florida Third District Court of Appeal. The Parties agree to join in a Motion to Vacate the Final Judgement for Plaintiffs entered by the Circuit Court of the Sixteenth Judicial Circuit in Decarion, et. al., v. Monroe County and Department of Community Affairs, Case No. 92-503-CA-18. The Sellers agree to dismiss 7 their pending Motion to Tax Costs. The Parties agree to jointly seek all extensions of time or continuances that may be necessary to maintain the status quo in the above -styled cases pending the closing of said sale. 4. Each party and its heirs, executors, administrators, successors, privies and assigns, does hereby release, discharge, acquit, defend and hold harmless each other party and each such party's past, present and future heirs, executors, assigns, agents, predecessors and successors in interest, officers, directors, stockholders, attorneys, agents, servants, representatives, employees, subsidiaries, affiliates, partners, parent company or companies, insurance companies providing any coverage, and all other persons, firms or corporations within which any of the former have been, or may hereafter be affiliated, of and from any and all claims, actions, causes of action, demands, payments, attorneys' fees, benefits, rights, damages, costs, loss of service, liens, expenses and compensation whatsoever which any party now has or which may hereafter accrue on account of, or in any way grow out of, any and all known and unknown, foreseen and unforeseen financial or physical damages, bodily and mental personal injuries, death and property damage and any and all consequences thereof resulting, or to result from any transaction between or among the parties regarding the Curry Cove Major Development and/or the real property included therein, save and except a cause of action based upon malicious and intentional wrongdoing that resulted in actual damage to the sellers. 5. This Agreement contains the entire agreement between and among the parties with regard to the matters set forth herein and shall be binding upon and enure to the benefit 3 of the executors, administrators, personal representatives, heirs, successors and assigns of each. 6. The effectiveness of this Agreement shall be contingent on the purchase of the property that is the subject of the Curry Cove Major Development Approval by the State of Florida. The Parties shall execute this Agreement prior to the closing of such sale. The actions described above shall be completed no later than thirty (30) days following the date of closing. If any party fails to take the agreed action within thirty (30) days, this Agreement shall be enforceable by specific performance and by such other and further orders as the court may deem necessary. In the event of litigation in connection with the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to the payment of its attorney's fees, costs and expenses incurred in connection therewith. Provided, however, that the above provision related to attorney's fees shall not be applied by or against the Florida Department of Community Affairs. GEORGE H. DECARION Date: JAMES E. ROBERTS Date: 4 JAMES S. MATTSON, ESQUIRE Mattson & Tobin Post Office Box 586 Key Largo, Florida 33037 (305) 852-3388 Attorneys for GEORGE H. DECARION, JAMES E. ROBERTS, and KROME ACRES, INC. KROME ACRES, INC. George H. Decarion, President BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY LN �4ack London, Mayo u I- Ci�t Attest: Danny L. Kohlage, Clerk By: o'w e Deputy Clerk Date: f L DEPARTMENT OF COMMUNITY AFFAIRS STATE OF FLORIDA LI-A Date: LINDA LOOMIS SHELLEY, Secretary 61 i ROBE1tT C. APG ,;"ESQUIRE DAVID A. THERIAQUE, ESQUIRE Apgar, Pelham, Pfeiffer & Theriaque 909 East Park Avenue Tallahassee, Florida 32301 (904) 222-5984 Attorneys for MONROE COUNTY APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY Attcrner's Office DAN R. STENGLE, ESQUIRE General Counsel Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100 (904) 488-0410