07/16/2014 AgreementcoUN fCORIDQ'
VILIN, CPA
AMY REA
.i
CLERK OF CIRCUIT COURT & COMPTROLLER
MONROE COUNTY, FLORIDA
DATE: September 8, 2014
TO: Bob Shillinger,
County Attorney
ATTN. Kathy Peters
FROM: Lindsey Ballard, D. C.
At the July 16, 2014, Board of County Commissioner's meeting the Board granted approval and
authorized execution of Item Q3 Settlement Agreements with (a) Stand Up for Animals, Inc., Linda
Gottwald and members of SUFA's board of directors, and (b) Paul Mills to resolve all claims in the
matter of Monroe County vs. Stand Up for Animals, Inc. et. al. (Circuit Court Case No. CAK -10- 1050).
Enclosed are is a duplicate original of the above - mentioned for your handling. Should you have
any questions, please feel free to contact my office.
cc: County Attorney (electronic copy)
Finance (electronic copy)
File
500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305- 295 -3130 Fax: 305 - 295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305- 289 -6027 Fax. 305 -289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305- 852 -7146
IN THE CIRCUIT COURT OF THE 16TH JUDICIAL CIRCUIT OF THE
STATE OF FLORIDA, IN AND FOR MONROE COUNTY RECE'WER
MONROE COUNTY, a political subdivision of
the STATE of FLORIDA,
Plaintiff,
VS.
STAND UP FOR ANIMALS, INC., et al.
Defendants.
AUG 15 2014
MONROE GOUNTY Ai TO4!!t Y
CASE NO.: CA K 10 -1050
SETTLEMENT AGREEMENT
COME NOW Plaintiff, MONROE COUNTY, a political subdivision of the State of
Florida, and Defendants STAND UP FOR ANIMALS, INC. (SUFA), LINDA GOTTWALD and
the members of SUFA's Board of Directors, Veronica Johnson, Pete Myers, Lorie Farrel, and
Maya Totman (former Individual Defendants) (hereinafter, cumulatively, Defendants).
WHEREAS, the Parties have determined that it is in their respective best interests to
resolve the dispute and to resolve all issues raised without further litigation;
NOW, THEREFORE, in consideration of the promises and mutual covenants contained
herein and other good and valuable consideration, the parties agree to the following terms and
conditions.
1. Subject to approval of this agreement by the Board of County Commissioner of
Monroe County at a public meeting held in compliance with F.S. 286.011, Plaintiff agrees to pay
Defendant SUFA, $45,000.00 ( the "Settlement Amount ") as full and final settlement of all
claims raised, including but not limited to all claims raised in the pleadings and raised pursuant
to F.S. 60.07 and F.S. 57.105. The County shall pay the Settlement Amount within thirty (30)
days of approval of this Agreement by the Court.
1
2. JOINT STATEMENT OF NO LIABILITY The parties agree that by reaching
this settlement neither party admits any liability or wrongdoing. It is understood that the parties
expressly deny liability and enter into this agreement solely as a compromise and to avoid and
terminate all disputes and the litigation. This settlement agreement is made by the parties for
business reasons and in the best interest of the respective parties. The County's agreement to
enter into the settlement agreement is based in large part on the Defendants' representation that
the funds paid as part of this Settlement Agreement will be used for the betterment of animals.
This agreement reaffirms the County's commitment to provide help to those animals who are in
need, and to do so without the delay, expenses and emotional cost associated with protracted
litigation. By entering into this Settlement Agreement, both parties are able to prevent further
drain on the resources of all parties involved and focus their efforts on more important matters.
3. RELEASE The parties further agree that in consideration of the benefits to each
party provided for by this Settlement Agreement, each party hereby releases the other party, its
officers, directors, agents, and /or employees, and their respective heirs, assigns, and/or
successors, from liability for each and every claim that was raised or which could have been
raised in the complaint, or was capable of being raised against the other party either in the
complaint or by separate action, arising and accruing from the beginning of time up until the date
of this agreement.
4. JUDICIAL ORDER: The parties agree that this Settlement Agreement shall be
submitted to the Circuit Court for the Sixteenth Judicial Circuit for judicial approval and shall
become effective upon Court approval in the form of a stipulated Order Approving Settlement
Agreement. The Court may retain jurisdiction over this case to adjudicate any disputes arising as
a result of this Settlement Agreement.
2
5. NO ASSIGNMENT This agreement is not assignable without the express
written consent of the other party; such consent shall not be unreasonably withheld.
6. MISCELLANEOUS: The signatories to this Settlement Agreement represent
that they are fully authorized to execute this document.
For Stand Up for Animals, Inc.
For Linda Gottwald, in her individual capacity
Linda Gottwald, President
State of Michigan )
County of J4 -k 4 rwsQ
BEFORE ME, the undersigned authority, personally appeared Linda Gottwald
who executed before me the foregoing Settlement Agreement, and who acknowledgeswho is
personally known to me or produced a driver's license as identification and before me
that she executed the same.
SWORN AND SUBSCRIBED before me this 2 day of 2014
Notary Pliblic
My commission expires: t)&10 -CA-2 D
Prin&Type otary's Name
MARY K. BUSH
NOTARY PUBLIC, STATE OF MICHIGAN
COUNTY OF LEELANAU
MY COMMISSION EXPIRES JUNE 5, 2020
ACTING IN EEErANAW 094NTY
3
For SUFA's Board of Directors (Former Defendants)
Marcy LaHart, A o mey for
Veronica Johnson, Pete Myers,
Lorie Farrel, and Maya Totman
Dated: X 11'0 1 oU I L
MONROE COUNTY ATTORNEY
APPRO 'ED AS TO FORM:
r
CHRISTINE M. I_IMBERT- BARROWS
ASSIST T �1NTY ATTORNEY
Dat I I �{ -
0
For Plaintiff Monroe County