Item O05 0.5
G BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
July 17, 2019
Agenda Item Number: 0.5
Agenda Item Summary #5619
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Chris Ambrosio (305) 292-3470
None
AGENDA ITEM WORDING: Approval of settlement agreement between Monroe County and the
Sugarloaf Key Volunteer Fire Department, Inc. (SVFD) in case number CA-K-17-631 and
authorization for the County Attorney or his designee to execute all documents necessary to
effectuate the settlement agreement, including closing documents for conveyance of the SVFD
property to the County.
ITEM BACKGROUND: The County prevailed in its suit against the Sugarloaf Volunteer Fire
Department, Inc. (SVFD) and Sugarloaf Wi-Fi Inc. ("Wi-Fi"), in case number CA-K-17-631. The
suit sought a declaratory judgment that SVFD was subject to and violated Florida's Government in
the Sunshine Law by entering into a Ground Option and Lease Agreement with Wi-Fi in a meeting
that did not comply with the Sunshine Law. That lease would have permitted Wi-Fi to use a portion
of SVFD's fire house property for a tower. The Court's ruling in favor of the County nullified the
lease between SVFD and Wi-Fi. Wi-Fi appealed the Court's ruling but SFVD did not.
As the prevailing party against SVFD, the County is entitled to an award of its attorneys' fees and
costs against SVFD. SVFD, through counsel, and the County Attorney's Office negotiated a
potential Settlement Agreement that would resolve the County's fees and costs claim against SVFD
in exchange and as consideration for conveyance of ownership and title to the Property to the
County.
The SVFD Board of Directors held a public meeting on June 12, 2019, and unanimously approved
Resolutions authorizing the transfer of ownership and title to the Property to the County, and the
Settlement Agreement. Both Resolutions and Settlement Agreement are attached.
PREVIOUS RELEVANT BOCC ACTION: n/a
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
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SVFD Resolution 2019-01 signed stamped
STAMPED Settlement Agreement signed by SVFD
Resolution 2019-02 Sugarloaf Key Volunteer Fire Department
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted: Yes.
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Chris Ambrosio Completed 06/04/2019 11:49 AM
Bob Shillinger Completed 06/26/2019 2:42 PM
Budget and Finance Completed 06/27/2019 10:51 AM
Maria Slavik Completed 06/28/2019 9:54 AM
Kathy Peters Completed 06/28/2019 11:03 AM
Board of County Commissioners Pending 07/17/2019 9:00 AM
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RESOLUTION 2019-01
RE: DECLARATION OF INTENT OF SUGARLOAF KEY VOLUNTEER 0
FIRE DEPARTMENT REGARDING TRANSFER OF FIRE STATION
NO. 10.
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WHEREAS, the SUGARLOAF KEY VOLUNTEER FIRE DEPARTMENT (SVFD)was
incorporated on July 11, 1966 for the purpose of firefighting, fire prevention, medical calls and co
rescue service;
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WHEREAS, Fire Station No. 10 located at 17175 Overseas Highway, Sugarloaf Key, Florida
33042 was constructed by volunteers in 1966;
WHEREAS, from 1966 until 2013, Sugarloaf Key Volunteer Fire Department operated as an
independent Department. The Sugarloaf Key Volunteer Fire department provided fire/rescue
services in the area from Shark Key Channel through Cudjoe Key under a contract with Monroe
County; E
WHEREAS, in 2013, it was determined that the Sugarloaf Key Volunteer Fire Departmentco
could no longer meet the requirements of ISO due to the lack of trained personnel available to
meet response requirements. The inability to meet the new ISO standards would lead to a higher
insurance rating for property owners in the Sugarloaf VFD response area. Therefore, Monroe
County Fire Rescue was asked to assume primary responsibility for the Sugarloaf Key Volunteer `-
Fire response area. Monroe County Fire Rescue, with the authorization of the Monroe County
Board of Supervisors, assumed the responsibility. The Sugarloaf VFD entered into a 10-year
lease with Monroe County to operate Fire Station No. 10. The lease provided for the staffing of U'
full-time, salaried Monroe County Fire and Rescue Firefighters and Emergency Medical
Technicians;
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WHEREAS, the members of Sugarloaf Key Volunteer Fire continued to provide volunteer
assistance to Monroe County Fire Department throughout 2014; cm
WHEREAS, Monroe County has expressed an interest in acquiring Fire Station No. 10 as a
permanent site for fire protection and emergency medical and rescue services;
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NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF THE SUGARLOAF KEY
VOLUNTEER FIRE DEPARTMENT, MONROE COUNTY, FLORIDA as follows:
1. On April 11, 20I9 and June 12, 2019,the Board of the Sugarloaf Volunteer Fire
Department met for the purpose of declaring its intention to transfer Fire Station No.
10 to Monroe County within the near future; and
2. A Motion to Transfer Fire Station No. 10 was made, seconded and duly adopted by a
vote of the members of the Board; further;
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3. The President of the Sugarloaf Volunteer Fire Department has been delegated the
authority to sign the Resolution herein on behalf of the Board. co
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PASSED AND ADOPTED BY THE SVFD on this [�day of June 2019.
Kevin Gerard, President
Robert Adair, Vice President
Stanley Kuzmech, Treasurer
James Olean, Secretary E
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SIGNED ON THIS DAY OF JUNE
2019.
SUGARLOAF KEY VOLUNTEER
FIRE DEPARTMENT
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By:
KEVI RARD, P SIDENT
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Print Name
Witness
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Attest:
Print Name
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IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
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OF MONROE COUNTY, a political
subdivision of the State of Florida Case No: CA-K-17-631
Hon. Timothy J. Koenig
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Plaintiff,
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VS.
SUGARLOAF KEY VOLUNTEER FIRE
DEPARTMENT, INC., a not for profit
Florida corporation,
and
SUGARLOAF WI-FI, INC., assignee of
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KEYS WI-FI, INC., a Florida business
corporation,
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Defendants.
SETTLEMENT AGREEEMENT
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This is a SETTLEMENT AGREEMENT (hereinafter referred to as "Agreement") by and
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between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, a political
subdivision of the State of Florida(hereinafter referred to as"County"),and the SUGARLOAF KEY
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VOLUNTEER FIRE DEPARTMENT, INC., a not for profit Florida corporation (hereinafter
referred to as"Fire Department").The County and the Fire Department shall hereinafter collectively
be referred to as the "Parties".
RECITALS
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WHEREAS, the County filed a declaratory judgment action against the Fire Department
and SUGARLOAF WI-FI, INC., assignee of KEYS WI-FI, INC., a Florida business corporation
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("Wi•Fi")in the Circuit Court for the Sixteenth Judicial Circuit,Case No: CA-K-17-631 ("lawsuit");
and
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WHEREAS, in the lawsuit the County sought a final declaratory judgment that the Fire
Department was subject to and violated Florida's Government in the Sunshine Law ("Sunshine
Laws") by having unlawfully entered into a Ground Option and Lease Agreement (hereinafter
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referred to as the "Lease Agreement") with Wi-Fi, for the Fire Department's property located at
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17175 Overseas Hwy., Sugarloaf Key,FL 33042, (hereinafter referred to as the"Property",the legal
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description of the Property is attached hereto as Exhibit A) and that the Lease Agreement is null,
invalid, void ab initio and has no legal or equitable effect; and
WHEREAS, in the lawsuit the County requested award of its attorneys' fees and costs
against the Fire Department pursuant to sections 57.041, 86.081 and 286.011(4), Florida Statutes;
and
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WHEREAS, the County is the prevailing party in the lawsuit as the Court entered an order
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granting summary judgment and final declaratory judgment in favor of the County that fully
adjudicated all claims in favor of the County,and the Court retained jurisdiction over post judgment
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matters involving the County and the Fire Department; and
WHEREAS, in the lawsuit the County filed a motion for attorney's fees and costs against
the Fire Department, which the Court shall award pursuant to sections 268.011 and 57.041(1), co
Florida Statutes; and
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WHEREAS, the County and the Fire Department have agreed to amicably resolve the
County's attorney's fees and costs claim and matters between them; and
WHEREAS, the Fire Department offered to transfer and convey fee simple title and all
rights, ownership interest, and possession to the Property, including all strictures and buildings
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assets, to the County as consideration for this Agreement in exchange for the County to relinquish
its attorney's fees and costs claim against the Fire Department in the lawsuit; and
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WHEREAS, the Fire Department agrees it shall bear its own attorney's fees and costs in
relation to the lawsuit as relates to any and all matters concerning the County, and the Fire
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Department waives any right to recover attorney's fees and costs against the County, whether
incurred pre-litigation, during litigation or in appellate proceedings; and
WHEREAS, the County accepts the Fire Department's offer contingent upon a vote and
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approval of the Board of County Commissioners of Monroe County (`BOCC"), and the Fire
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Department Board of Directors ("Fire Department Board"), to accept this Agreement and the terms
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herein, and contingent upon satisfaction of the other obligations and requirements further described
below in this Agreement; and
WHEREAS, an ownership and encumbrance report on the Property ordered by the County
shows the Fire Department to be the fee simple owner and there are no liens on the Property; and
WHEREAS, research of records shows there are no open code enforcement cases and the
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open permits associated with the Property are permit application #17100167 for construction of a
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steel platform to support a wireless tower and equipment, and permit application #17102378 for
installation of a wireless tower and equipment, both of these were incomplete applications filed by
Wi-Fi, and a voided permit# 00101708 for paving of the Property driveway; and
WHEREAS,the Parties desire to reduce their negotiations and discussions to writing so that
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it is binding upon them as represented in this Agreement; and
WHEREAS, as soon as practical and legally acceptable the BOCC and the Fire Department
Board shall hold public meetings to vote on approval of this Agreement; and
WHREAS, the Parties agree that the obligations and requirements under this Agreement are
conditional and contingent upon approval by both the BOCC and the Fire Department Board, and if
approved by both Boards, then they shall become effective upon execution of this Agreement by
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both Parties; and
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WHEREAS,the Parties agree that no obligation or rcgllirement contained herein is binding
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on either party before both Boards approve and execute this Agreement;
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NOW, THEREFORE, in consideration of the foregoing representations and mutual
covenants,promises,and considerations hereinafter set forth,and with the intent to be legally bound,
it is hereby agreed between the Parties as follows:
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1. Incorporation of Recitals: The Parties agree that the foregoing recitals are true and correct
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and are incorporated as necessary and substantive provisions of this Agreement.
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2. Matters Settled: This Agreement settles the County's attorney's fees and costs claims against
the Fire Department in the lawsuit.
3. Consideration: The Parties agree that the consideration contained in the mutual promises,
recitals and provisions in this Agreement is good, sufficient and valid consideration to bind the
Parties under this Agreement. The receipt and sufficiency of such consideration is pending approval
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by the respective Boards of the Parties. As consideration for this Agreement,the County attorney's
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fees and costs claims against the Fire Department is Two Hundred Seventeen Thousand One
Hundred Fifty Nine Dollars and Eighty Nine Cents ($217,159.86), and the Fire Department's
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Property serves as its consideration.
4. Fire Department and County Deliverables: Not later than ten (10) days after final execution
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of this Agreement, the Fire Department shall execute a quitclaim deed and closing statement that
effectuates the conveyance of the Property for filing in the public record. The County shall prepare
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the quitclaim deed and closing statement. All members of the Fire Department Board shall sign the
final quitclaim deed. The alleged former leasehold interest in the Property held by Wi-Fi shall be
further extinguished by the Fire Department recording a certified copy of the litigation Final
Judgment and Order Granting Summary Judgment. The Fire Department shall bear the fees of
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recording the Judgment and Order. The Fire Department shall provide to the County its Board's
Resolution authorizing the conveyance. The Resolution provided shall be a signed original in
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recordable form.
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Upon conclusion of the Property transfer to the County,and the Fire Department's completion of its
obligations under this Agreement, the County shall file a notice with the Court that relinquishes its
attorney's fees and costs claims against the Fire Department.
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5. Closingon Property_and_Possession: The County shall be provided sufficient time to close
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on the Property and take all steps necessary to effectuate transfer ownership of the Property from
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the Fire Department to the County.The Fire Department shall allow the necessary and adequate time
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for the County to take all steps to close on the conveyance of the Property and accomplish all tasks
necessary after the Boards' approval of this Agreement. During that time the Fire Department shall
take no action that would burden the Property or prevent the County from closing on the Property.
The Fire Department shall cooperate with the County in all ways necessary to timely effectuate the
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closing on the Property. The Fire Department shall have all necessary documents executed in a
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timely manner and deliver to the County as scheduled between the Parties and as necessary to
effectuate the closing in a timely manner prior to the closing date. The County shall have possession
of the Property after the closing. The Fire Department shall have cleared the Property of all of the
Fire Department's possessions and belongings by the closing date. Documentary stamps tax shall be
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paid by the Fire Department as part of closing costs due on the transfer based on the value of the
County's fees and cost claim as authorized by the Florida Department of Revenue. The County shall
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pay the cost of recording the quitclaim deed and fees and costs associated with preparation of closing
documents.
G. Exclusion and Release of Liability of County: The Fire Department agrees that the County
is not responsible or liable in any manner and excludes and releases the County from liability for
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any damages, including,without limitation,any direct, indirect,general, special,punitive, incidental
or consequential damages; claim, cause of action, lawsuit, cost, injury and any and all other loss of
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any kind arising out of or in connection with the Property, the tranaer of title to-the Property to the
County, Fire Department business activities, promises, covenants, agreements, and operations, this
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Settlement Agreement,and the voided Lease Agreement,that could be made by the Fire Department
or any third party, specifically including but not limited to Wi-Fi. This exclusion and release of
liability includes the Fire Department's waiver of any and all claims, lawsuits, liabilities, damages,
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losses or injuries relating to, arising out of, or connected to the Lease Agreement that may be made
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by Wi-Fi or any third party against the County, whether the alleged liability is based on contract,
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tort, strict liability or any other legal basis.
7. Notices: Notices, records, and documents to be provided to exercise any right or discharge
of any responsibility under this Agreement, shall be sent to the following persons on behalf of the
Parties:
As to Fire Department: Lee Rohe, Esq., as legal representative of the Fire Department
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30410 Sea Grape Terrace, Suite#2
Big Pine Key, FL 33043
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As to County: Roman Gastesi, County Administrator
Monroe County
1100 Simonton St., Suite 2-205
Key West, FL 33040
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and
Bob Shillinger, Esq., County Attorney
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Monroe County Attorney's Office
1111 12th Street, Suite 408
Key West, FL 33040
.
8. Effective Date: This Agreement shall be binding upon the Parties and shall inure to the
benefit of the Parties,as well as their successors and assigns.This Agreement shall be effective upon
execution of this Agreement by the Parties.
9. Time is of the Essence: Time is of the essence for the performance and completion of all
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duties required by this Agreement. Each Party shall undertake good faith efforts to perform any and
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all of that Party's obligations under this Agreement. Each Party shali take any and all actions, and
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execute, have acknowledged, and deliver any and all further documents that the Parties may be
responsible for and which may be requested by the other to effectuate the intents of this Agreement.
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10. Default: In the event of a default of any of the covenants and conditions set forth herein, any
provision as to release of the defaulting party is null and void.
11. Binding Effect: The undersigned represent that they have been empowered by the respective
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parties to enter into, on behalf of the Parties, and to bind the Parties to the commitments and
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undertakings contained herein. The provisions, conditions, terms, and covenants contained herein
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shall be of a binding effect. The benefits and advantages hereof shall inure to the respective Parties,
and the respective successors,assigns,trustees,receivers,and personal representatives of the Parties
hereto.
12. Full Disclosure: The Parties agree that each is releasing certain rights and assuming certain
duties and obligations which, but for this Agreement,would not have been released or assumed.The
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Parties agree that this Agreement is fully and adequately supported by consideration and is fair and
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reasonable, and that the Parties have had the opportunity to consult with counsel.
13. Law and Venue: The Fire Department and the County agree that this Agreement shall be
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governed, interpreted and construed in accordance with the laws of the State of Florida. Jurisdiction
and Venue for all proceedings in connection with this Agreement, or arising as a result of any matter
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relating to this Agreement, or addressed in this Agreement, shall be in the Circuit Court of the
Sixteenth Judicial Circuit in and for Monroe County, Florida.
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14. Severability: The Fire Department and the County agree that if any part, term or provision
of this Agreement is determined by the courts to be invalid, illegal or in conflict with any law of the
State, the validity of the remaining portions or provisions shall not be affected thereby.
15. Meraer: This document incorporates, includes, and supersedes all prior negotiations,
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correspondence, conversations, agreements or understandings applicable to the matters contained
herein; and the Parties agree that there are no commitments, agreements or understandings
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concerning the subject matter of this Agreement that are not contained in this document.
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Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any
prior representations or agreements whether oral or written.
16. Joint Preparation: The Parties acknowledge that they have sought and received competent
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advice and counsel for them to form a full and complete understanding of all rights and obligations
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herein and that the preparation of this Agreement has been their joint effort.
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17. Counterparts:This Agreement may be executed in any number of counterparts each of which,
when executed and delivered,shall be an original,but such counterparts shall together constitute one
and the same instrument. Facsimile and scanned copies of this Agreement shall be considered
originals for all purposes.
18. Further Assurance: The Parties agree to execute all such further instruments and documents,
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and to take all such further actions that may be reasonably required by any party to fully effectuate
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the terms and provisions of this Agreement and the transactions contemplated herein.
19. Modification: No change or modification of this Agreement shall be valid unless in writing
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and signed by all Parties. No waiver of any of the provisions of this Agreement shall be valid unless
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in writing and signed by the party against whom it is sought to be enforced.
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20. Survival of Provisions: All covenants, warranties, and representations contained in this
Agreement, and all documents to be delivered by the Parties in connection with the consummation
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of the transaction contained herein, shall survive the consummation of said transaction.
21. Full Execution Required for Enforcement: In addition to any other conditions precedent
provided for in this Agreement, the terms, conditions, and covenants of this Agreement are not
binding, controlling, or effective, and therefore cannot be enforced, unless and until the Agreement
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is fully executed by the Parties.
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REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURES ARE ON FOLLOWING PAGE co
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IN WITNESS WHEREOF, the parties hereto have made and executed this Settlement
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Agreement on the respective dates under each signature: MONROE CO UN thro BOARD 0
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OF COUNTY COMMISSIONERS, signing by and through its Mayor, authorized to execute same 4i
by Board action on the day 2019,and SUGARLOAF KEY VOLUNTEER FIRE U-
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DEPARTMENT, INC., signing by and through its, President, Kevin Gerard, duly authorized to
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execute same by the Board action on the J,Pdfa�y of )�2019.
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(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY,FLORIDA
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By:
By:
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Deputy Clerk Mayor 0
Date: Date:
SUGARLOAF KEY VOLUNTEER FIRE .2
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Mco6erardENT,INC.By: Date:
7 President, Kin ev �
MONROE COUNTY ATTORNEY
AP�ROVED �T OR M
WITNESSES ATTEST:
Signature CHRIS AMBR S
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Print Name: Date.
Date:
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EXHIBIT A C0
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Legal Description Warranty Deed OR416 Page 914
17175 Overseas Highway, Sugarloaf Key,Florida ,
Parcel Identification Number: 00117930-000100
A tract of land in a part of Gov't Lot 3, Sec. 3, T67S, R27E, on Sugarloaf Key, Monroe County,
Florida, and being more particularly described by metes and bounds as follows:
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Commencing at the intersection of the West Line of Gov't Lot 3 and the Northerly right-of-way line
of U.S. Highway No. 1, bear North 56 degree, 02 minutes and 38 seconds East along the Northerly
right-of-way line of U.S. Highway No. 1 for a distance of 644.56 feet to the Point of Beginning of
the tract of land hereinafter described: from said Point of Beginning, continue bearing North 56
degrees,02 minutes and 38 seconds East along the Northerly right-of-way line of U.S. Highway No.
1, 110.0 feet;thence bear North 33 degrees 57 minutes and 22 seconds West, 100.0 feet;thence bear
South 56 degrees, 02 minutes and 38 seconds West, 100.0 feet; thence bear South 33 degrees, 57
minutes and 22 seconds East for a distance of 110.0 feet, back to the Point of Beginning.
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SUGARLOAF KEY VOLUNTEER FIRE DEPARTMENT z
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RESOLUTION 2019-02
RE: DECLARATION OF INTENT OF SUGARLOAF KEY VOLUNTEER
FIRE DEPARTMENT REGARDING APPROVAL OF SETTLEMENT
AGREEMENT BETWEEN SUGARLOAF KEY VOLUNTEER FIRE
DEPARTMENT AND THE BOARD OF COUNTY COMMISSIONERS co
OF MONROE COUNTY, FLORIDA.
WHEREAS, the SUGARLOAF KEY VOLUNTEER FIRE DEPARTMENT (SVFD)
entered into litigation with the Monroe County Board of County Commissioners on August 8,
2017, in the case styled as Board of County Commissioners of Monroe County v. Sugarloaf Key_
Volunteer Fire Department and Sugarloaf W_i-Fi, Case No. 2017-CA-631-K which terminated
with a Final Judgment in favor of the Board of County Commissioners recorded in Monroe E
County Public Records on 1/9'2019 under OR Book 2944, Page 0066; which is presently under
appeal by Sugarloaf Wi Fi in the Third District Court of Appeals in the case styled as Sugarloaf co
Wi-Fi v. Board of County Commissioners of Monroe Counly, Florida and Sugarloaf Key
Volunteer Fire Department, Case No. 3D 19-0224.
NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF THE
SUGARLOAF KEY VOLUNTEER FIRE DEPARTMENT, MONROE COUNTY,
FLORIDA as follows:
1. On June 12, 2019, the Board of the Sugarloaf Volunteer Fire Department met in
Executive Session for the purpose of approving a Settlement Agreement between the
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Board of County Commissioners of Monroe County, Florida and Sugarloaf Key
Volunteer Fire Department as to the litigation referenced above; and
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2. A Motion to Adopt the Settlement Agreement was made, seconded and duly adopted
by a unanimous vote of the members of the Board; e
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3. The President of the Sugarloaf Volunteer Fire Department has been delegated the
authority to sign the Resolution herein on behalf of the Board. co
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PASSED AND ADOPTED BY THE SVFD on this 12th day of June 2019.
Kevin Gerard, President Yes
Robert Adair, Vice President Yes
Stanley Kumech, Treasurer Yes
James Olean, Secretary Yes
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SIGNED ON THIS DAY OF JUNE
2019. E
BOARD OF DIRECTORS
SUGARLOAF KEY VOLUNTEER
FIRE DEPARTMENT
SEAL
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By;
KEVIN GERARD, PRESIDENT
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