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
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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:
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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