Case No. CA-M-04-379_08/19/2020 RESOLUTION NO. 227 -2020
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
APPROVING THE SETTLEMENT AND RELEASE
AGREEMENT WITH THE STATE OF FLORIDA IN THOMAS
F. COLLINS ET AL., AND DONALD DAVIS V. MONROE
COUNTY AND STATE OF FLORIDA.
WHEREAS, on October 14, 2011, the Circuit Court entered its Final Judgment Denying
and Granting Liability in Thomas F Collins et. at and Donald Davis v. Monroe County and State
of Florida in Circuit Court Case NO.04-CA-379-M in which the County and State prevailed as to
all plaintiffs except for Donald Davis;and
WHEREAS,on February 15,2017,Circuit Judge Mark Jones entered a Final Judgment for
Plaintiff Donald Davis (hereinafter "Final Judgment") in the litigation reaffirming the court's
finding of inverse condemnation liability, finding that Monroe County and State of Florida were
jointly and severally liable;and
WHEREAS, on November 22, 2019, Monroe County individually paid into the court
registry $375,714.06, which was the total amount of Final Judgment as to liability and just
compensation,exclusive of attorney's fees and costs,together with statutory interest;and
WHEREAS, on November 22, 2019, the Clerk of County Court issued a Satisfaction of
Judgment;and
WHEREAS, on May 20, 2020, the Board of County Commissioners of Monroe County,
Florida unanimously passed Resolution NO. 147-2020,authorizing payment of attorney's fees and
costs at the appellate level as to Plaintiff Donald Davis to Smith Hawks, P.L. and those fees and
costs were subsequently paid;and
WHEREAS,the parties are still litigating the entitlement and amount of attorney's fees and
costs as to Plaintiff Donald Davis at the trial level; and
WHEREAS, the attached Settlement and Release Agreement provides for the global
settlement and release of all claims at both the trial and appellate levels in the Collins/Davis
litigation between Monroe County and the State of Florida, including the State's payment of its
fifty percent(50%) share of the Final Judgment to Monroe County;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,FLORIDA:
The attached Settlement and Release Agreement attached hereto and incorporated herein as
Exhibit 1.to this resolution is hereby approved,adopted,and ratified.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 19t day of August,2020.
Mayor Heather Carruthers Yea
Mayor Pro Tem Michelle Coldiron Yee
Commissioner Craig Cates Yes
Commissioner David Rice Yee
Commissioner Sylvia Murphy Yee
.,r to,oa1 BOARD OF COUNTY COMMISSIONERS
::MONROE .aOmDA
_ �• Ma r II r Carruthers
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ATTEST: KEVIN MADOK,CLERK
By: cn^^-.A-41-tin..-✓ 1-
As Deputy Clerk
MONROE A
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EXHIBIT 1.
IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY,FLORIDA
THOMAS F.COLLINS et al.,and DONALD
DAVIS,
Plaintiffs,
v. Case No.:04-CA-379-M
MONROE COUNTY,a Political Subdivision
of the State of Florida,and the STATE OF
FLORIDA,
Defendants.
SETTLEMENT AND RELEASE AGREEMENT
THIS SETTLEMENT AND RELEASE AGREEMENT (the "Agreement") is made and
entered into by Monroe County, Florida (hereinafter known as "Releasor"), and State of Florida,
through the Department of Economic Opportunity ("hereinafter referred to as "Releasee"), (and
Releasor and Releasee shall be collectively referred to as the "Parties"). The purpose of this
Agreement is to provide for a global settlement and the release of all claims at both the trial and
appellate levels in the Davis Litigation between the Releasor and Releasee. This Agreement
specifically does not address or include any claims for costs and attorney's fees by Plaintiff
Donald Davis which may or may not be brought,ordered,or denied.
WHEREAS, various disputes, relationships, controversies, and claims exist between
Releasor and Release including those claims alleged in an action filed in 2004 in the Circuit Court
of the Sixteenth Judicial Circuit in and for Monroe County, Florida in Case No. 2004-CA-379-M,
styled Thomas F Collins and Patricia Collins, T/E; Donald Davis; Aurelia Del Valle and Maria
Del Valle, T/E; Hill Family Investments, Inc.; Richard J Johnson and Joann C. Johnson, T/E;
Robert A. Lomrance;Joseph Magrini and Elda S. Magrini, T/E; Keith P. Radenhausen; Frank J.
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Schneider, Mary Ann Ricklin, and Romary Riordin, T/C; Hubert Tost and Marilyn Tost, T/E., and
Samuel I. Burstyn, P.A. v. Monroe County, a Political Subdivision of the State of Florida, and the
State of Florida (referred to herein as the "Davis Litigation"), wherein Plaintiff Davis is the only
remaining Plaintiff of the original eleven(1 I) real property owners; and
WHEREAS, Releasee is contesting said suit and does not admit any liability whatsoever;
and
WHEREAS, on February 18, 2005, Releasor Monroe County filed a third-party claim
against Releasee State of Florida for indemnification, contribution, and subrogation. Plaintiffs
were granted leave to amend their Second Amended Complaint by Interlineation to add the State
of Florida as a Defendant on May 10, 2007.
WHEREAS, a liability trial was held on Plaintiff Davis' inverse condemnation claim. On
October 14, 2011, the trial court entered an Order finding that a permanent taking of Plaintiff
Davis' real property had occurred as of July 17, 2002. On August 29, 2016, Plaintiff Davis and
Releasor Monroe County and Releasee State of Florida stipulated that the fair market value of his
real property as of July 17,2002,was$175,000.00.
WHEREAS, a Final Judgment for Plaintiff Davis was entered on February 15, 2017,
reaffirming the court's finding of inverse condemnation liability, finding that Releasor Monroe
County and Releasee State of Florida were jointly and severally liable, and affirming the agreed
amount as to valuation of the property. According to the Final Judgment, upon payment of the
just compensation, title to Plaintiff Davis' real property shall pass to Releasor Monroe County and
Releasee State of Florida.
WHEREAS, Releasor Monroe County and Releasee State of Florida appealed the Final
Judgment to the Third District Court of Appeals. On October 18, 2019, the mandate was issued
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affirming the Final Judgment in favor of Plaintiff Davis and against Releasor Monroe County and
Releasee State of Florida.
WHEREAS, on November 22, 2019, Releasor Monroe County individually paid into the
court registry $375,714.06, which was the total amount of the Final Judgment as to liability and
just compensation, exclusive of attomey's fees and costs, together with Statutory Interest. An
additional $5,643.00 was paid by Releasor Monroe County to cover the Court Registry Services
Charges.
WHEREAS,on November 22, 2019,the Clerk of the County Court issued a Satisfaction of
Judgment.
WHEREAS, Releasor Monroe County and Releasee State of Florida wish to resolve,settle,
and compromise all claims between them exclusive only of any claims for attorneys' fees and
costs that may be brought by the Plaintiff, Donald Davis, and avoid the cost of further litigation
and the interruption or disruption of government business.
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: in consideration of the
foregoing premises, which constitute material provisions of this Agreement and not mere recitals,
and of mutual agreements,covenants,and promises as may be set forth herein, and for other good,
adequate, and sufficient consideration described herein, the receipt and sufficiency of which are
hereby acknowledged,the Parties hereto agree and stipulate to settle their differences as follows:
PAYMENT BY RELEASEE
The Parties agree that the amount of contribution the Releasee State of Florida shall make
to Releasor Monroe County in settlement of the Final Judgment is fifty percent (50%) of the just
compensation, interest, and Court Registry Services Charges, in the total amount of$190,678.53
(the "Settlement Amount"), subject to legislative appropriation, and exclusive of any later award,
if any,to Plaintiff Davis for Plaintiffs attorney's fees and costs.
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Releasor Monroe County through its legislative delegation will seek legislation in its
annual package of requested legislative action for the Settlement Amount as enumerated above,
and Releasee State of Florida, Department of Economic Opportunity, will not oppose such
legislative appropriation. However, Releasee State of Florida does not and cannot make any
covenants, promises,agreements, or estimates as to whether that proposed legislation will become
law or when, or the amount of any such appropriation.
RELEASE BY RELEASOR
Once Releasee State of Florida's Settlement Amount as enumerated above is appropriated
and paid to Monroe County, Releasor Monroe County fully, forever, and voluntarily, knowingly
and upon advice of counsel, expressly releases, remises, acquits, satisfies and forever discharges
Releasee State of Florida and all of its attorneys, agents, servants, employees, associates,
administrators, successors, predecessors, officers, directors, representatives, insurers and assigns,
(herein collectively referred to as "Releasees"), from any and all claims, crossclaims and third
party claims (including but not limited to indemnification, contribution, and subrogation, and a
demand that the State of Florida defend Monroe County in this action and pay Releasor Monroe
County's attomy's fees and costs for such defense), and any demands, damages, actions, causes
of action,claims,suits,debts, dues, sums of money, accounts, reckonings, bonds,bills, specialties,
covenants, contracts, controversies, agreements, promises, variances, trespasses, damages,
judgments,executions, representations and restitutions, whatsoever in law or in equity, concerning
the Davis Litigation, except any claims for costs or attomy's fees brought by Plaintiff Davis,
which Releasor ever had, has, have, or which it or its successors, administrators and assigns
hereinafter can, shall, or may have, for upon or by reason of any matter, cause, act,transaction or
thing whatsoever, related thereto, connected with, arising out of, referred to, or in any manner
relevant to or which has been or could have been asserted by any of the Parties hereto as a result of
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the claims and/or series of claims which gave rise to these disputes, relationships, and
controversies, including the Davis Litigation, and any and all contracts, whether oral or written,
between the Parties hereto, relating to said matters, and in particular on account of all damages,
economic or otherwise, known or unknown, together with any accrued statutory interest, which
resulted or may in the future result, which are in any way connected with, related to,or arise from,
the liability and damages claim of Plaintiff Davis. Releasor Monroe County's release of claims
against Releasees in this subparagraph does not include any later award, if any, to Plaintiff Davis
for Plaintiff's attomey's fees and costs. If Releasee State of Florida does not pay the Settlement
Amount to Monroe County within two(2) years of the date of this Agreement, then the entirety of
this Agreement(including the agreed to Settlement Amount)shall become null and void.
UNKNOWN CLAIMS OF RELEASOR
Releasor acknowledges this Agreement is executed by it after consultation with, and upon
the advice of counsel. Releasor acknowledges during the course of said consultation and
representation that it was apprised by said counsel of the legal effect of the release or waiver of
unknown or unsuspected claims as to Releasees. Having been so apprised, it nevertheless elects to
and does assume all risks for claims as to Releasees heretofore or hereafter arising, known or
unknown, relating to the subject matters contained herein, and Releasor expressly includes within
the scope of this Agreement all such claims as to Releasees, and expressly waives any right it may
have to dispute the scope of this Agreement on the basis of any statutory or common law grounds
addressing the issue of the release of unknown or unsuspected claims as to Releasees.
NO ADMISSION OF LIABILITY
It is understood and agreed that this Agreement, any considerations given or accepted in
connection with it, and the promises and covenants made in it,are all made,given,and accepted in
settlement and compromise of disputed claims and are not an admission of liability by any party.
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Neither the execution nor performance of this Agreement, nor any of its terms or provisions, will
be deemed a presumption, concession, statement, or admission of any fact, liability, fault, or
wrongdoing of any kind by either Releasor or Releasees,and neither this Agreement nor any of its
terms can be used in any legal or equitable proceeding, other than to enforce the provisions of this
Agreement. The decision to settle a case may reflect the economic practicalities pertaining to the
cost of litigation.
ENTIRE AGREEMENT
This Agreement represents the entire agreement between the Parties and supersedes any
and all prior communications, discussions, agreements, or understandings between the Parties.
This Agreement is entered into without reliance upon any statement or representation of any party
hereby released except for those contained in this Agreement. Any oral or written promises or
assurances not contained in this Agreement are waived, abandoned, withdrawn, and without legal
effect. Further, the Parties acknowledge that no other party, or agent, or attorney of any other
party, has made any promise, representation, or warranty whatsoever, express or implied, not
contained herein concerning the subject matter hereof, to induce the other party to execute this
Agreement, and the Parties acknowledge they have not executed this Agreement in reliance upon
any such promise, representation,or warranty not contained herein.
MODIFICATION IN WRITING
This Agreement embodies all of the settlement agreements of the Parties and may be
amended, modified, altered, or changed only by a verified written instrument executed by both
Parties wherein specific reference is made to this Agreement.
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GOVERNING LAW
This Agreement was negotiated and executed in the State of Florida and shall be construed
and enforced in accordance with the laws of the State of Florida, without regard to conflicts of
laws principles.
VENUE
For any legal dispute arising out of this Agreement,the proper venue for any action will be
in the Circuit Court of the Second Judicial Circuit Court of Florida, in and for Leon County,
Florida.
SUCCESSORS AND ASSIGNS
Except as may be otherwise set forth herein, the Parties to this Agreement agree and
covenant that this Agreement is binding on the Parties, and their subsidiaries, representatives, and
successors in-interest, and all other persons, firms, corporations, agencies, or entities with whom
any of the former have been, are now, or may hereafter be affiliated. Releaser does hereby
covenant, warrant and represent that it has not assigned, in whole or in part, any right, claim, or
cause of action to any other person or party which might be asserted in the future against
Releasees.
CONSTRUCTION OF TERMS
As used in this Agreement, the singular shall include the plural, the plural shall include the
singular, and the use of any gender shall include all genders as the context may admit or require.
The language of all parts of this Agreement shall be construed as a whole and according to its
plain meaning.
INTERPRETATION OF SETTLEMENT AND RELEASE AGREEMENT
In the event of litigation between the Parties, this Agreement shall not be strictly
interpreted or construed against any party due to that party having prepared this Agreement,as it is
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acknowledged that all Parties participated in the negotiation and preparation of this Agreement
and have been represented by experienced counsel.
SEVERABILITY
Any provision of this Agreement declared illegal or unenforceable by any court of
competent jurisdiction that cannot be modified to be enforceable will immediately become null
and void, leaving the remainder of this Agreement in full force and effect.
SECTION HEADINGS
Any section or paragraph headings appearing in this Agreement has been inserted for the
sole purpose of convenience and ready reference of the Parties. They do not purport to, and shall
not be deemed to, define, limit, or extend the scope or intent of the sections and paragraphs to
which they may pertain.
MULTIPLE ORIGINALS
Multiple copies of this Agreement may be executed by the Parties hereto, each of which
shall be deemed to be an original.
COUNTERPARTS
This Agreement may be executed in counterparts, each of which will be deemed an
original, and all of which together will constitute a single document. Execution of facsimile
copies,scanned copies,and other reproductions will be acceptable as counterparts.
AUTHORITY TO ENTER INTO AGREEMENT
By their signatures, the undersigned warrant and represent they are authorized to enter into
this Agreement on behalf of their respective parties and to bind their respective parties to the terms
of this Agreement.
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APPROVAL OF AGREEMENT
This Agreement is subject to the approval of the Board of County Commissioners of
Monroe County, Florida. If this Agreement is not approved by the Board of County
Commissioners of Monroe County, Florida within ninety (90) days of its execution, then this
Agreement will expire and be null and void. If this Agreement is approved by the Board of
County Commissioners of Monroe County, Florida, Releasor will promptly provide Releasee
Department of Economic Opportunity with written confirmation that this Agreement has been
approved along with an executed copy of this Agreement.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date
written below:
MONROE COUNTY, FLORIDA STATE OF FLORIDA
FLORIDA DEPARTMENT OF
HEATHER CARRUTHERS ECONOMIC OPPORTUNITY
MONROE COUNTY MAYOR
KEN LA W SON
ROBERT B. SHIL GER EXECUTIVE DIRECTOR
COUNTY Y
ffice o the County Attorney Florida Department of Economic Opportunity
I l 1 I2'h Street, Suite 408 107 East Madison Street
Key West,FL 33041-1026 The Caldwell Building,MSC 110
FBN: 058262 Tallahassee, FL 32399-4128
af D)1
Dated: ,2020 Dated: July ,2020
7�3
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APPROVAL OF AGREEMENT
This Agreement is subject to the approval of the Board of County Commissioners of
Monroe County, Florida. If this Agreement is not approved by the Board of County
Commissioners of Monroe County, Florida within ninety (90) days of its execution, then this
Agreement will expire and be null and void. If this Agreement is approved by the Board of
County Commissioners of Monroe County, Florida, Releasor will promptly provide Releasee
Department of Economic Opportunity with written confirmation that this Agreement has been
approved along with an executed copy of this Agreement.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date
written below:
MONROE COUNTY, FLORIDA STATE OF FLORIDA
FLORIDA DEPARTMENT OF
HEATHER CARRUTHERS ECONOMIC OPPORTUNITY
MONROE COUNTY MAYOR
KEN'+AcWSON
ROBERT B. SHILLINGER EXECUTIVE DIRECTOR
COUNTY ATTORNEY
_.,�.. .� ...... .
Office of the County Attorney 1744ridaDepartment of Economic Opportunity
111 121h Street, Suite 408 107 East Madison Street
Key West, FL 33041-1026 The Caldwell Building, MSC 110
FBN: 058262 Tallahassee, FL 32399-4128
Dated: July , 2020 Dated: J.�a" , 2020
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